Federal Register proposed rules — 1996-06-13

issue-1996-06-13Federal Register proposed rules — 1996-06-13Proposed Regulation

Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.

FR Doc. 96-15146 Federal-State Joint Board on Universal Service; Meeting
[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Page 30028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15146]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 36 and 69

[CC Docket 96-45; DA-96-926]

Federal-State Joint Board on Universal Service; Meeting

AGENCY: Federal Communications Commission.

ACTION: Notice of meeting.

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SUMMARY: The purpose of the notice is to inform the general public of a 
meeting that will be held by the Federal-State Joint Board on universal 
service.

DATES: The Federal-State Joint Board in CC Docket 96-45 will hold an 
open meeting on Wednesday, June 19, 1996 at 9 a.m.

ADDRESSES: The meeting will be held in Room 856 at 1919 M Street, NW., 
Washington, DC.

FOR FURTHER INFORMATION CONTACT:
Irene Flannery, Accounting and Audits Division, Common Carrier Bureau, 
at (202) 418-0847.

SUPPLEMENTARY INFORMATION: At the meeting, the Federal-State Joint 
Board will hear from two panels of experts addressing universal service 
issues set forth in Section 254 of the Telecommunications Act. 
Specifically, the panelists will address what types of functionalities 
schools, libraries, and rural health care providers require of 
telecommunications services, as well as the cost, on a nationwide 
basis, of providing services able to deliver those functionalities.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-15146 Filed 6-11-96; 11:17 am]
BILLING CODE 6712-01-M

Complete official Federal Register PDF

FR Doc. 96-15034 Approval and Promulgation of Section 182(f) Exemption to the Nitrogen Oxides (NOINFX) Control Requirements for the Calcasieu Parish Ozone Nonattainment Area; Louisiana
[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Pages 30024-30028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15034]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[LA-22-1-6870; FRL-5520-4]

Approval and Promulgation of Section 182(f) Exemption to the 
Nitrogen Oxides (NOX) Control Requirements for the Calcasieu 
Parish Ozone Nonattainment Area; Louisiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rulemaking.

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SUMMARY: The EPA proposes to approve a petition from the State of 
Louisiana requesting that the Calcasieu Parish marginal ozone 
nonattainment area be exempt from applicable NOX control 
requirements of section 182(f) of the Clean Air Act (Act). The section 
182(f) NOX requirement from which the area will be exempt is 
NOX new source review (NSR). In addition, approval of the section 
182(f) petition would remove the NOX general conformity provisions 
and the NOX build/no build provisions of the transportation 
conformity rule (for conformity provisions, see the November 24, 1993 
and November 30, 1993 Federal Register). The exemption for conformity 
NOX requirements is found, generally, in 40 CFR part 93, subparts 
T and W. The section 182(f) NOX provisions are explained fully in 
the EPA's NOX Supplement to the General Preamble, published in the 
Federal Register (FR) on November 25, 1992. The State of Louisiana made 
the request for Calcasieu Parish based on a demonstration that 
additional NOX reductions would not contribute to ozone attainment 
in the nonattainment area.

DATES: Comments on this proposed action must be received in writing on 
or before July 15, 1996.

ADDRESSEES: Written comments on these actions should be addressed to 
Mr. Thomas Diggs, Chief, Planning Section, at the EPA Regional Office 
listed below. Copies of the documents relevant to these proposed 
actions are available for public inspection during normal business 
hours at the following locations. The interested persons wanting to 
examine these documents should make an appointment with the appropriate 
office at least 24 hours before the visiting day.

U.S. Environmental Protection Agency, Region 6, Air Planning (6PD-L), 
1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.
Louisiana Department of Environmental Quality, N.B. Garlock Building, 
7290 Bluebonnet, Baton Rouge, Louisiana 70810.

FOR FURTHER INFORMATION CONTACT:
Mr. Matthew Witosky or Mr. Quang Nguyen, Planning Section (6PD-L), 
Multimedia Planning and Permitting Division, U.S. EPA Region 6, 1445 
Ross Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7214.

SUPPLEMENTARY INFORMATION:

Background

    NOX are precursors to ground level (tropospheric) ozone, or 
urban ``smog.'' When released into the atmosphere, NOX will react 
with volatile organic compounds (VOC) in the presence of sunlight to 
form ozone. Tropospheric ozone is an important factor in the nation's 
urban air pollution problem.
    Calcasieu Parish, Louisiana, was designated nonattainment for ozone 
and classified as marginal pursuant to sections 107(d)(4) and 181(a) of 
the Act. Under section 181(a), marginal areas must attain the National 
Ambient Air Quality Standard for ozone (the ozone standard) by November 
15, 1993. Please reference 56 FR 56694 (November 6, 1991, codified for 
Louisiana at 40 CFR 81.319).
    The Amendments to the Act (1990 Amendments) made significant 
changes to the air quality planning requirements for areas that do not 
meet the ozone standard. Subparts 1 and 2 of part D, title I of the Act 
contain the air quality planning requirements for ozone nonattainment 
areas. Title I includes new requirements to control NOX emissions 
in certain ozone nonattainment areas and ozone transport regions. 
Section 182(f) requires States to apply the same control requirements 
to major stationary sources of NOX as are applied to major 
stationary sources of VOC. For marginal areas, the NOX requirement 
is to provide for nonattainment new source review (NSR). In addition, 
there are new NOX requirements under the general and 
transportation conformity provisions of section 176(c). This approval 
exempts the area from the section 182(f) NSR NOX requirements (see 
the NOX Supplement to the General Preamble 57 FR 55620), and from 
the NOX requirements of the general, as well as the NOX 
requirements of the build/no build provisions of the transportation, 
conformity rules (see also 58 FR 63214 published on November 24, 1993 
and 58 FR 62188 published on November 30, 1993, as amended, 
particularly at 60 FR 44790, 44794, of August 29, 1995).

Applicable EPA Guidance

    The Act specifies in section 182(f) that if one of the conditions 
listed below is met, the new NOX requirements would not apply:
    1. In any area, the net air quality benefits are greater without 
NOX reductions from the sources concerned;
    2. In a nontransport region, additional NOX reductions would 
not contribute to ozone attainment in the nonattainment area; or
    3. In a transport region, additional NOX reductions would not 
produce net ozone benefits in the transport region.
    In addition, section 182(f)(2) states that the application of the 
new NOX requirements may be limited to the extent that any portion 
of those reductions are demonstrated to result in ``excess reductions'' 
of NOX. The previously-described NOX provisions of the 
conformity rules would also not apply in certain areas that are granted 
a section 182(f) exemption (see amendment to transportation conformity 
rule and associated explanation at 60 FR 44794). In addition, certain 
NOX provisions of the I/M rule would not apply in an area that is 
granted a section 182(f) exemption (see 57 FR 52989).
    The EPA's Guideline for Determining the Applicability of Nitrogen 
Oxides

[[Page 30025]]

Requirements Under Section 182(f) (December 1993), and 2 revisionary 
memoranda signed by John S. Seitz, Director of the EPA Office of Air 
Quality Planning and Standards, dated May 27, 1994 and February 8, 
1995, describe how the EPA will interpret the NOX exemption 
provisions of section 182(f). As described more fully in the Seitz 
memoranda, petitions submitted under section 182(f)(3) are not required 
to be submitted as State Implementation Plan (SIP) revisions. 
Consequently, the State is not required under the Act to hold a public 
hearing in order to petition for an area-wide NOX exemption 
determination. Similarly, it is not necessary to have the Governor 
submit the petition.
    It should be noted with respect to the application of section 
182(f) NOX waivers to certain NOx requirements of the 
transportation conformity rule that the EPA has revised the 
transportation conformity rule to ensure consistency with section 
176(c) (see especially 60 FR 44790, 44794). This rule revision requires 
areas subject to section 182(b)(1) (moderate and above, but not 
marginal ozone nonattainment areas) to submit transportation conformity 
NOX exemption requests as revisions to the SIP. Because Calcasieu 
is classified as marginal, the revision addressing 182(b)(1) is not 
applicable.

State Submittal

    On October 28, 1994, the Louisiana Department of Environmental 
Quality (LDEQ) submitted to the EPA a petition pursuant to section 
182(f) which requests that the Calcasieu Parish nonattainment area be 
exempted by the EPA from the NOX control requirements of section 
182(f) of the Act. On December 21, 1995, the Governor of Louisiana 
submitted a request for redesignation of the area to attainment which 
contained additional information relevant to the State's NOX 
exemption petition. The request for redesignation is currently under 
review and will be addressed in a separate rulemaking action.
    The State's NOX waiver petition was based on urban airshed 
modeling (UAM). Subsequently, an analysis of ambient air quality data 
(``clean air data'') indicates that the area is currently in attainment 
of the ozone standard, prompting the state to submit a request that the 
area be redesignated as attainment. The state's modeling and monitoring 
data together demonstrate that additional NOX reductions would not 
contribute to attainment of the ozone standard in the area. Overall, 
this demonstration is consistent with the EPA's section 182(f) 
guidance. The State's submission includes a letter from Gustave Von 
Bodungen, Assistant Secretary of the LDEQ, to Jane N. Saginaw, Regional 
Administrator of the EPA Region 6, and LDEQ's summary of the State's 
photochemical grid modeling results. Further, the State's submission 
requesting redesignation to attainment for Calcasieu Parish contains 
quality-assured and quality-controlled data showing attainment of the 
ozone standard. This data is for the three-year time period of 1993 to 
1995.

Analysis of State Submission

    The following items are the basis for the EPA's action proposing to 
approve the State of Louisiana's section 182(f) NOX exemption 
petition for the Calcasieu Parish ozone nonattainment area. Please 
refer to the EPA's Technical Support Document and the State's submittal 
for more detailed information.

A. Consistency With EPA Section 182(f) Guidance

    Chapter 4 of the EPA's December 1993 section 182(f) guidance states 
that the typical procedure for demonstrating that additional NOX 
reductions would not contribute to ozone attainment is to utilize 
photochemical grid modeling, such as UAM, to simulate conditions 
resulting from three emission reduction scenarios: (1) Substantial VOC 
reductions; (2) substantial NOX reductions; and (3) both VOC and 
NOX reductions. To demonstrate that NOX reductions are not 
beneficial to attainment, the area-wide predicted maximum 1-hour ozone 
concentration for each day modeled under scenario (1) must be less than 
or equal to that from scenarios (2) and (3) for the same day. Chapter 7 
specifies that the application of UAM should be consistent with the 
techniques specified in the EPA ``Guideline on Air Quality Models 
(Revised),'' and ``Guideline for Regulatory Application of the UAM 
(July 1991).'' This guidance specifically applies to moderate and 
higher classification ozone nonattainment areas. As discussed in the 
following sections, the EPA believes that the State's UAM demonstration 
together with the ambient air quality data showing that the area is 
attaining the ozone standard support the granting of an exemption from 
the NOX requirements of section 182(f) of the CAA.

B. UAM Modeling Analysis

    Although many ozone nonattainment areas used photochemical grid 
modeling that was required by the Act for their attainment 
demonstrations to apply for a NOX exemption as a marginal 
nonattainment area, the Act did not require Calcasieu Parish to perform 
such modeling for the purpose of an attainment demonstration. Thus, 
where such an area can make an adequate showing of the effects of 
NOX reductions with respect to attainment through alternative 
means that are otherwise consistent with relevant guidance, EPA could 
approve the area's demonstration.
    The LDEQ submitted the results of a photochemical grid modeling 
exercise that was carried out, in conjunction with Calcasieu's 
attainment efforts, to determine if the Calcasieu area was the object 
of ozone and precursor transport. Although the modeling utilized for 
this exercise does not precisely replicate the procedures EPA guidance 
suggests be used to support a 182(f) exemption petition. However, the 
EPA believes the modeling analysis that was performed by LDEQ when 
combined with the area's clean air data is comprehensive enough to use 
in determining if the area should receive an exemption.
    The LDEQ used UAM version IV, an EPA-approved photochemical grid 
model, to develop the attainment demonstration for Calcasieu Parish. 
The State's modeling activities were performed in accordance with the 
EPA's ``Guideline for Regulatory Application of the Urban Airshed 
Model.'' The discussion below summarizes the EPA's analysis on how the 
State's modeling demonstrations complied with the EPA's guidance. 
Please refer to the EPA's Technical Support Document for more detailed 
information.
1. Episode Selection
    The State used the EPA ``Guideline For Regulatory Application of 
The Urban Airshed Model'' to select episodes for use in the Calcasieu 
Parish UAM modeling exercises. Data from 1991 and 1992 were examined 
for episodes which cover at least 48 consecutive hours and the worst-
case meteorological conditions. Three episodes from 1992 were selected 
for the UAM analysis for the area.
    Episodes selected for the Lake Charles modeling represent three 
different meteorological regimes which can be characterized as 
exhibiting potential for transport of pollutants from source areas near 
Baton Rouge to the Lake Charles area, absence of transport potential, 
and potential for transport from areas in Texas.
2. Model Domain and Meteorological Input
    The LDEQ used a large modeling domain for Calcasieu Parish to 
ensure that the model captured the movement

[[Page 30026]]

of VOC and NOX emissions generated by the surface sources. The 
domain covers all or part of seven counties in Texas and eight parishes 
in Louisiana. The domain modeled encompassed 32,000 square kilometers 
of surface area. Meteorological data were collected from numerous 
monitoring stations in the area. The LDEQ followed the methods 
described in the UAM User's Guides to develop model inputs for wind 
field data, mixing heights, temperature, and meteorological scalars for 
the areas. Data was obtained from the Aerometric Information and 
Retrieval System (AIRS), LDEQ data gathering activities, the Texas 
Natural Resource Conservation Commission (TNRCC), and other direct 
measurement techniques.
3. Boundary and Initial Conditions
    LDEQ used the air quality data collected at monitoring stations 
throughout the domain to construct the initial conditions of the model 
exercise. Some default values were used where actual measurements were 
not available. The applied boundary conditions were developed to 
measure possible transport into the area from the east and west.
4. Emissions Inventory
    The Calcasieu Parish modeling exercises were conducted using VOC 
and NOX emission inventories compiled by survey and direct 
measurement by the LDEQ. The modeling emissions inventories are 
composed of point source, area, on-road mobile, off-road mobile, and 
biogenic emissions. Where applicable, emissions were adjusted for 
pertinent conditions related to the episode day to be modeled, thus 
producing day-specific emissions. The EPA procedures for developing 
episode-specific emission inventories were followed.
    For Calcasieu Parish, the LDEQ developed three emission inventories 
for all three episodes modeled. Although the projected inventory does 
not reflect the attainment year for the area, the inventory projected 
for 1993 does not differ significantly from 1991 and 1992 inventories. 
Hence, the EPA believes the State's analysis still provides a valid 
technical basis to evaluate the NOX contributions.
5. Model Performance
    For all UAM activities, model performance is measured 
quantitatively and qualitatively. The EPA has issued guidelines to 
statistically measure accuracy. In addition, the EPA strongly 
recommends that agencies submit graphical analysis, as a complement to 
statistical analysis. While the EPA has recommended ranges for 
statistical accuracy, there are no rigid criterion to accept or reject 
a model exercise. Similarly, qualitative characterizations such as 
good, satisfactory, fair, or poor describe the EPA's best professional 
judgment about graphed model performance, but are not used to grade the 
model exercise as acceptable or unacceptable.
    Based on the above criteria, the Calcasieu model performance was 
satisfactory. Both graphical and statistical performance measures were 
employed for all meteorological episodes and monitoring networks. 
Sensitivity analysis was also conducted to assess the stability of the 
models across a range of possible input parameters.
    For the August 20-21, 1991 episode, two of the three EPA-criterion 
statistical measures obtained for the area are well within the EPA's 
recommended ranges for good model performance (see Table 2 of the 
technical support document). For the April 7-8, 1992 episode, the 
statistical analysis for the primary day, April 8, indicates fair model 
performance. The statistical measures were well within the EPA-
recommended ranges for the primary episode day. However, simulated 
maximum concentrations are, in general, lower than observed peak 
concentrations. For the April 20-21, 1992 episode, the model 
performance is good. The statistical measures all fall within the EPA-
recommended ranges, and the temporal profiles of many sites were fairly 
well simulated.
    Both graphical and statistical performance measures were used to 
evaluate the model. Using these analyses, the predicted results from 
the model were compared to the observed results for each episode. These 
analyses indicate that the model performed satisfactorily for the three 
episodes used for the UAM demonstration.
6. Section 182(f) Demonstration
    As noted previously, Calcasieu Parish is a marginal ozone 
nonattainment area and EPA's NOX exemption guidance does not fully 
address the requirements for less than moderate nonattainment areas 
that were not required to utilize photochemical grid modeling for their 
attainment demonstrations. For purposes of their 182(f) demonstration, 
the LDEQ modeled the three episodes discussed above under a substantial 
NOX reduction strategy only. The VOC-only and VOC plus NOX 
reduction modeling strategies listed in EPA guidance were not 
performed. EPA nonetheless feels that the State's UAM demonstration in 
combination with the area's ambient air quality data provide adequate 
justification for proposing approval of the NOX exemption 
petition. The justification related to clean air quality data is 
discussed in Section C of this notice.
    The LDEQ's modeling considered across-the-board reductions in the 
projected NOX point source emission inventories. The State modeled 
50 and 25 percent emission reductions in the NOX point sources 
inventory for each of the three episode-days. This generated six 
different sensitivity tests to gauge the direction and intensity of the 
atmospheric reaction to NOX reductions. The State modeled 25 
percent NOX reductions to characterize the effect of NOX 
control strategies that could have a more immediate impact. For all 
three episodes at 25 and 50 percent reductions, the results for the 
controlling day show that domain-wide predicted maximum ozone 
concentrations increase as the NOX reductions are applied.
    As explained in the EPA's 182(f) guidance, the EPA believes it is 
appropriate to focus this analysis on the area-wide maximum 1-hour 
predicted ozone concentration, since this value is critical for the 
typical attainment demonstration. For all three episodes, the 
controlling day showed that the domain-wide predicted maximum ozone 
concentrations are lower without NOX reductions. The model results 
lead to the conclusion that NOX reductions would increase the 
domain-wide maximum ozone concentrations. Please refer to the EPA's 
Technical Support Document for more detailed information.

C. Clean Data Eligibility for NOX Exemption

    On December 21, 1995, the EPA received a request from the State to 
redesignate the Calcasieu area to attainment. The request for 
redesignation is based upon three years of quality-assured monitoring 
data that show no violations of the ozone standard. The data that 
constitute the substance of the redesignation request is available to 
the EPA through the Aerometric Information and Retrieval System (AIRS). 
Since the data were not available when the State initially requested a 
NOX exemption, the State chose to base its waiver request on 
modeling data. Now that monitoring data are available, the EPA believes 
it is appropriate to consider the air quality data in conjunction with 
the modeling information contained in the State's NOX exemption 
petition in determining whether to approve the State's NOX 
exemption request. Moreover, since the

[[Page 30027]]

EPA's NOX guidance provides for granting NOX exemptions based 
solely on clean air data, the State could have resubmitted a request 
for a NOX waiver based only on clean data. However, rather than 
having the state resubmit an additional petition, the EPA decided that 
the air quality data and modeling information already before the 
Agency, when analyzed in combination, constituted an adequate basis to 
propose approval of the waiver request. The EPA will act upon the 
State's request for redesignation in a subsequent notice.
    An EPA review of the AIRS ambient air quality data concluded that 
no violations of the ozone standard occurred in the area from 1993 
through 1995. Since the absence of such violations over a 3-year period 
indicates that an area is in attainment of the ozone standard, this 
data provides further support for the conclusion that the section 
182(f) test is met. This is true because for an area, like Calcasieu, 
that is already attaining it is clear that additional reductions of 
oxides of nitrogen would not contribute to ozone attainment in that 
area. ``Guideline for Determining the Applicability of Nitrogen Oxide 
Requirements Under section 182(f)'' December 1993. See the TSD for 
additional information regarding the area's air quality data.

Proposed Rulemaking Action

    In this action, the EPA proposes to approve the 182(f) NOX 
exemption petition submitted by the State of Louisiana for the 
Calcasieu Parish ozone nonattainment area. The EPA believes that all 
section 182(f) exemptions that are approved should be approved only on 
a contingent basis. As described in the EPA's NOX Supplement to 
the General Preamble (57 FR 55628, November 25, 1992), the EPA would 
rescind a NOX exemption in cases where NOX reductions were 
later found to be beneficial in the area's attainment plan. That is, a 
modeling based exemption would last for only as long as the area's 
modeling continued to demonstrate attainment without the additional 
NOX reductions required by section 182(f). Similarly, if an area 
that received an exemption based on clean air quality data which shows 
that the area is attaining the ozone standard experiences a violation 
prior to redesignation of the area to attainment, the exemption would 
no longer be applicable.
    If the EPA later determines, based on new photochemical grid 
modeling that NOX reductions would be beneficial in Calcasieu 
Parish, or because of an ozone violation, the area would be removed 
from exempt status and would be required to adopt the applicable 
NOX provisions of the NSR and conformity rules except to the 
extent that NOX reductions are shown to be ``excess reductions.'' 
In the rulemaking action which removes the exempt status, the EPA would 
provide specific information regarding the reapplication of the NSR 
rules and the conformity rules.
    The subsequent modeling analyses mentioned above need not be 
limited to the purpose of demonstrating attainment as required by 
section 182(c)(2)(A). For example, an area might want to consider a 
strategy that phases in NOX reductions only after certain VOC 
reductions are implemented. As improved emission inventories and 
ambient data become available, areas may choose to remodel. In 
addition, alternative control strategy scenarios might be considered in 
subsequent modeling analyses in order to improve the cost-effectiveness 
of the attainment plan.
    In summary, the UAM modeling results together with ambient air 
quality data showing no violations of the ozone standard during the 
last 3 years in Calcasieu Parish support the conclusion that additional 
NOX reductions would not contribute to attainment of the ozone 
standard in this area. The EPA therefore proposes to approve a NOX 
exemption for the Calcasieu Parish area. Approval of this petition 
means that the area is exempt from new source review for sources of 
NOX, the NOX requirements of the general conformity rule, and 
the NOX ``build/no build'' provisions of the transportation 
conformity rule (see 58 FR 63214 and 58 FR 62188). This exemption will 
remain effective for only as long as modeling continues to show that 
NOX control activities would not be beneficial in the Calcasieu 
Parish nonattainment area, and/or so long as, prior to redesignation to 
attainment, the area does not violate the ozone standard.

Request for Public Comments

    The EPA requests comments on all aspects of this proposal. As 
indicated at the outset of this action, the EPA will consider any 
comments received by July 15, 1996.

Regulatory Process

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., the 
EPA must prepare a regulatory flexibility analysis assessing the impact 
of any proposed or final rule on small entities (5 U.S.C. 603 and 604). 
Alternatively, the EPA may certify that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    Approvals of NOX exemption petitions under section 182(f) of 
the CAA do not create any new requirements. Therefore, because the 
Federal approval of the petition does not impose any new requirements, 
the EPA certifies that it does not have a significant impact on 
affected small entities. Moreover, due to the nature of the Federal-
State relationship under the CAA, preparation of a regulatory 
flexibility analysis would constitute Federal inquiry into the economic 
reasonableness of State action. The CAA forbids the EPA to base its 
actions concerning SIP's on such grounds [Union Electric Co. v. U.S. 
E.P.A. , 427 U.S. 246, 256-66 (S. Ct. 1976); 42 U.S.C. 7410 (a)(2)]. 
The Office of Management and Budget has exempted this action from 
review under Executive Order 12866.

Unfunded Mandates

    Under sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector, or to 
State, local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under section 110 of the 
Clean Air Act. These rules may bind State, local and tribal governments 
to perform certain actions and also require the private sector to 
perform certain duties. To the extent that the rules being approved by 
this action will impose no new requirements, such sources are already 
subject to these regulations under State law. Accordingly, no 
additional costs to State, local, or tribal governments, or to the 
private sector, result from this action. EPA has also determined that 
this action does not include a mandate that may result in estimated 
costs of $100 million or more to State, local, or tribal governments in 
the aggregate or to the private sector.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Volatile organic 
compounds.

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

[[Page 30028]]

    Dated: June 7, 1996.
Carol M. Browner,
Administrator.
[FR Doc. 96-15034 Filed 6-12-96; 8:45 am]
BILLING CODE 6560-50-P

Complete official Federal Register PDF

FR Doc. 96-15027 Privacy Act Policy and Procedures
[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Pages 30009-30012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15027]

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ARMS CONTROL AND DISARMAMENT AGENCY

22 CFR Part 603

Privacy Act Policy and Procedures

AGENCY: Arms Control and Disarmament Agency.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The United States Arms Control and Disarmament Agency (ACDA) 
proposes to revise and restate in their entirety its rules that govern 
the means by which individuals can examine and request correction of 
ACDA records containing personal information. By clarifying these 
rules, this proposal will help the public interact better with ACDA and 
is part of ACDA's effort to update and streamline its regulations. ACDA 
invites comments from interested groups and members of the public on 
the proposed regulations.

DATES: To be considered, comments must be delivered by mail or in 
person to the address, or faxed to the telephone number, listed below 
by 5 p.m. on Friday, July 19, 1996.

ADDRESSES: Comments should be directed to the Office of the General 
Counsel, United States Arms Control and Disarmament Agency, Room 5635, 
320 21st Street, NW., Washington, DC 20451; FAX (202) 647-0024. 
Comments will be available for inspection between 8:15 a.m. and 5 p.m. 
at the same address.

FOR FURTHER INFORMATION CONTACT:
 Frederick Smith, Jr., United States Arms Control and Disarmament 
Agency, Room 5635, 320 21st Street, NW., Washington, DC 20451, 
telephone (202) 647-3596.

SUPPLEMENTARY INFORMATION: ACDA proposes to update, clarify, 
reorganize, and streamline its rules implementing the Privacy Act, as 
amended. In addition to containing internal policies and procedures, 
these regulations set forth procedures whereby an individual can 
determine if a system of records maintained by ACDA contains records 
pertaining to the individual and can request disclosure and amendment 
of such records. These regulations also set forth the bases for denying 
amendment requests and the procedures for appealing such denials. ACDA 
does not intend the proposed rules to materially affect current ACDA 
standards, policies, or practices.

Regulatory Flexibility Act Certification

    It is hereby certified that the proposed rule will not have a 
significant economic impact on a substantial number of small entities. 
Accordingly, a regulatory flexibility analysis is not required.

Executive Order 12866 Determination

    ACDA has determined that the proposed rule is not a significant 
regulatory action within the meaning of section 3(f) of that Executive 
Order.

Paperwork Reduction Act Statement

    The proposed rule is not subject to the provisions of the Paperwork 
Reduction Act because it does not contain any information collection 
requirements within the meaning of that Act.

Unfunded Mandates Act Determination

    ACDA has determined that the proposed rule will not result in 
expenditures by state, local, and tribal governments, or by the private 
sector, of more than $100 million in any one year. Accordingly, a 
budgetary impact statement is not required under section 202 of the 
Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532.

List of Subjects in 22 CFR Part 603

    Privacy Act.

The Proposed Regulations

    ACDA proposes to revise 22 CFR part 603 to read as follows:

PART 603--PRIVACY ACT POLICY AND PROCEDURES

Sec.
603.1  Purpose and scope.
603.2  Definitions.
603.3  Policy.
603.4  Requests for determination of existence of records.
603.5  Requests for disclosure to an individual of records 
pertaining to the individual.
603.6  Requests for amendment of records.
603.7  Appeals from denials of requests.
603.8  Exemptions.
603.9  New and amended systems of records.
603.10  Fees.

    Authority: 5 U.S.C. 552a; 22 U.S.C. 2581; and 31 U.S.C. 9701.

Sec. 603.1  Purpose and scope.

    This part 603 contains the regulations of the U.S. Arms Control and 
Disarmament Agency implementing the provisions of the Privacy Act of 
1974, 5 U.S.C. 552a. In addition to containing internal policies and 
procedures, these regulations set forth procedures whereby an 
individual can determine if a system of records maintained by the 
Agency contains records pertaining to the individual and can request 
disclosure and amendment of such records. These regulations also set 
forth the bases for denying amendment requests and the procedures for 
appealing such denials.

Sec. 603.2  Definitions.

    As used in this part:
    (a) Act means the Privacy Act of 1974, 5 U.S.C. 552a.
    (b) ACDA and Agency mean the U.S. Arms Control and Disarmament 
Agency.
    (c) Privacy Act Officer means the Agency official who receives and 
acts upon inquiries, requests for access and requests for amendment.
    (d) Deputy Director means the Deputy Director of the Agency.
    (e) Individual means a citizen of the United States or an alien 
lawfully admitted for permanent residence;
    (f) Maintain includes maintain, collect, use, or disseminate;
    (g) Record means any item, collection, or grouping of information 
about an individual that is maintained by an agency, including, but not 
limited to, education, financial transactions, medical history, and 
criminal or employment history and that contains the name of, or the 
identifying number, symbol, or other identification particularly 
assigned to, the individual, such as a finger or voice print or a 
photograph;
    (h) System of records means a group of any records under the 
control of any agency from which information is retrieved by the name 
of the individual or by some identifying number, symbol, or other 
identification particularly assigned to the individual;
    (i) Statistical record means a record in a system of records 
maintained for statistical research or reporting purposes only and not 
used in whole or in part in making any determination about an 
identifiable individual, except as provided by section 8 of title 13 
U.S.C.; and
    (j) Routine use means, with respect to the disclosure of a record, 
the use of such record for a purpose which is compatible with the 
purpose for which it was collected.

[[Page 30010]]

Sec. 603.3   Policy.

    (a) It is the policy of the Agency that only such information about 
an individual as is relevant and necessary to accomplish a purpose of 
the Agency required to be accomplished by statute or by executive order 
of the President shall be maintained in an Agency record. No 
information about the political or religious beliefs and activities of 
an individual will be maintained within such records unless 
specifically authorized by statute or by the subject individual, or 
unless pertinent to and within the scope of a law enforcement activity.
    (b) The Agency will not disclose any record that is contained in a 
system of records to any person, or to another agency, except pursuant 
to a written request by, or with the prior written consent of, the 
individual to whom the record pertains, unless disclosure of the record 
is:
    (1) To those officers and employees of the Agency who have a need 
for the record in the performance of their duties;
    (2) Required under the Freedom of Information Act, as amended (5 
U.S.C. 552);
    (3) For a routine use, notice of which has been published in 
accordance with the Act;
    (4) To the Bureau of the Census for purposes of planning or 
carrying out a census or survey or related activity pursuant to the 
provisions of title 13 U.S.C.;
    (5) To a recipient who has provided the Agency with advance 
adequate written assurance that the record will be used solely as a 
statistical research or reporting record, and the record is to be 
transferred in a form that is not individually identifiable;
    (6) To the National Archives of the United States as a record that 
has sufficient historical or other value to warrant its continued 
preservation by the United States Government, or for evaluation by the 
Administrator of General Services or his/her designee to determine 
whether the record has such value;
    (7) To another agency or to an instrumentality of any governmental 
jurisdiction within or under the control of the United States for a 
civil or criminal law enforcement activity if the activity is 
authorized by law, and if the head of the agency or instrumentality has 
made a written request to the Agency that maintains the record 
specifying the particular portion desired and the law enforcement 
activity for which the record is sought;
    (8) To a person pursuant to a showing of compelling circumstances 
affecting the health or safety of an individual if upon such disclosure 
notification is transmitted to the last known address of such 
individual;
    (9) To either House of Congress, or, to the extent of matter within 
its jurisdiction, any committee or subcommittee thereof, any joint 
committee of Congress or subcommittee of any such joint committee;
    (10) To the Comptroller General, or any authorized representatives, 
in the course of the performance of the duties of the General 
Accounting Office; or
    (11) Pursuant to the order of a court of competent jurisdiction.
    (c) Except for disclosures of information to Agency employees 
having need for the information in the official performance of their 
duties or required under the provisions of the Freedom of Information 
Act, an accurate accounting of each disclosure will be made and 
retained for five years after the disclosure or for the life of the 
record, whichever is longer. The accounting will include the date, 
nature, and purpose of each disclosure and the name and address of the 
person or agency to whom the disclosure is made. Each such disclosure, 
unless made to agencies engaged in law enforcement activities in 
accordance with paragraph (b)(7) of this section, will be made 
available to the individual upon request.
    (d) To the greatest extent practicable, information that may result 
in an adverse determination about an individual shall be collected from 
that individual, and the individual will be informed of the purposes 
for which the information will be used and any rights, benefits, and 
obligations with respect to supplying the data.
    (e) The Agency shall ensure that all records that are used by the 
Agency to make a determination about any individual are maintained with 
such accuracy, relevance, timeliness and completeness as is reasonably 
necessary to assure fairness to the individual. Whenever information 
about an individual contained in an Agency record is used or disclosed, 
the custodian of the system of records in which the record is located 
will make every effort to ensure that it is accurate, relevant, timely 
and complete.
    (f) The Agency shall establish appropriate administrative, 
technical, and physical safeguards to ensure that records are disclosed 
only to those who are authorized to have access to them and to protect 
against any anticipated threats or hazards to their security or 
integrity that would result in substantial harm, embarrassment, 
inconvenience, or unfairness to any individual on whom information is 
maintained.
    (g) Agency records pertaining to an individual shall be made 
available to that individual to the greatest extent possible.
    (h) No lists of names and addresses will be rented or sold unless 
such action is specifically authorized by law, provided that names and 
addresses otherwise permitted to be made public will not necessarily be 
withheld when requested.
    (i) All requests for information under the Privacy Act received by 
the Agency will be acted upon as promptly as possible.

Sec. 603.4   Requests for determination of existence of records.

    Any individual desiring to know whether any system of records 
maintained by the Agency contains a record pertaining to the individual 
shall send a written request to the Privacy Act Officer, U.S. Arms 
Control and Disarmament Agency, 320 21st Street, NW., Washington, DC 
20451. All requests for determination of the existence of records 
should include sufficient information to identify the system of 
records, such as its name or Federal Register identifier number if 
known, in addition to such identifying information as the individual's 
name and date of birth.

Sec. 603.5   Requests for disclosure to an individual of records 
pertaining to the individual.

    (a) An individual desiring access to or copies of records 
maintained by the Agency shall send a written request to the Privacy 
Act Officer, U.S. Arms Control and Disarmament Agency, 320 21st Street, 
NW., Washington, DC 20451. All requests for disclosure to an individual 
of records pertaining to that individual should include sufficient 
information to identify the record or system of records such as its 
name or Federal Register identifier number if known, in addition to 
such identifying information as the individual's name and date of 
birth.
    (b)(1) Except as provided in paragraph (b)(2) of this section:
    (i) If the individual making a written request is not personally 
known to the Privacy Act Officer or to other Agency personnel 
processing the request, the written request must include satisfactory 
evidence that the requester is in fact the individual to whom the 
requested records pertain. For this purpose, the Agency normally will 
be satisfied by the receipt of the requester's statement of identity 
made under penalty of perjury.
    (ii) If the individual making a request in person is not personally 
known to the

[[Page 30011]]

Privacy Act Officer or to other Agency personnel processing the 
request, the requester must present two identification documents (at 
least one of which must bear the requester's picture) containing the 
individual's signature and other suitable evidence of identity. 
Examples of acceptable evidence are a driver's license, passport, 
employee identification card, or military identification card.
    (2) Evidence that the requester is in fact the individual to whom 
the requested records pertain is not required for information that 
would be required to be made available to a third party under the 
Freedom of Information Act (5 U.S.C. 552).
    (c)(1) Access to or copies of records requested pursuant to this 
section shall be furnished except as provided in paragraph (c)(3) of 
this section:
    (i) To an individual making a request in person, upon verification 
of personal identity as required in paragraph (b) of this section, to 
that individual, and if the individual is accompanied by any other 
person, upon the individual's request, to that person, except that the 
Agency may require the individual to furnish a written statement 
authorizing disclosure of the individual's record in the presence of 
the accompanying person.
    (ii) To an authorized representative or designee of an individual, 
if the individual has provided verification of personal identity as 
required in paragraph (b) of this section, and submits a signed, 
notarized statement authorizing and consenting to access or disclosure 
to the representative or designee.
    (iii) To a physician authorized by a signed, notarized statement 
made by the individual making the request, in the event that the 
records requested are medical records of such a nature that the Privacy 
Act Officer has determined that the release of such medical information 
directly to the requester could have an adverse effect on the 
requester. The individual making the request must also provide 
verification of personal identity as required in paragraph (b) of this 
section.
    (2) Access to records or copies of records requested shall be 
furnished as promptly as possible.
    (3) Access to or copies of records requested pursuant to this 
section shall not be granted if:
    (i) The individual making the request does not comply with the 
requirements for verification of personal identity as required in 
paragraph (b) of this section; or
    (ii) The records are exempt from disclosure pursuant to Sec. 603.8.

Sec. 603.6   Requests for amendment of records.

    (a) An individual may request amendment of a record pertaining to 
that individual by sending a written request to the Privacy Act 
Officer, U.S. Arms Control and Disarmament Agency, 320 21st Street, 
NW., Washington, DC 20451. The request should identify the record 
sought to be amended, specify the precise nature of the requested 
amendment, and state why the requester believes that the record is not 
accurate, relevant, timely or complete.
    (b) Not later than ten (10) days after receipt of such request 
(excluding Saturdays, Sundays and legal holidays), the Privacy Act 
Officer will promptly:
    (1) Make any correction of any portion of the record pertaining to 
the individual which the Agency considers appropriate; and
    (2) Inform the requester in writing of the action taken by the 
Agency, of the reasons for refusing to comply with any portion of the 
request, and of the procedures established by the Agency to consider 
requests for review of such refusals.
    (c) The Privacy Act Officer will refuse to amend a record if the 
information therein is deemed by the Agency:
    (1) To be relevant and necessary to accomplish a purpose of the 
Agency required to be accomplished by statute or by executive order of 
the President; and
    (2) To be maintained with such accuracy, relevance, timeliness and 
completeness as is reasonably necessary to assure fairness to the 
individual in making any determination about the individual; and
    (3) Not to describe how the individual exercises rights guaranteed 
by the First Amendment unless expressly authorized by statute or by the 
individual about whom the record is maintained.
    (d) When the Privacy Act Officer agrees to amend a record, written 
notice that the record has been amended and the substance of the 
amendment will be sent to the last known address of all previous 
recipients of that record shown in Agency's Privacy Act Requests File.

Sec. 603.7   Appeals from denials of requests.

    (a) An individual who disagrees with the refusal of the Privacy Act 
Officer to disclose or amend a record may request a review of such 
refusal within 30 days of receipt of notice of the refusal. Such 
request should be addressed to the Deputy Director, U.S. Arms Control 
and Disarmament Agency, 320 21st Street, NW., Washington, DC 20451, and 
should include a copy of the written request that was refused, a copy 
of the denial complained of, and reasons for appeal from the denial.
    (b) Review shall be made by the Deputy Director on the submitted 
record. No personal appearance, oral argument, or hearing shall be 
permitted.
    (c) Review will be completed and a final determination made not 
later than 30 days (excluding Saturdays, Sundays and legal holidays) 
from the date on which the request for such review is received. This 
30-day limitation may be extended, at the discretion of the Agency for 
good cause shown. The requester will be notified in writing of the 
Agency's final determination.
    (d) If, after completion of the review, the Deputy Director also 
refuses to disclose or amend the record as requested, the notice to the 
individual will advise the individual of the right to file with the 
Agency a concise statement setting forth the reasons for disagreement 
with this refusal.
    (e) When an individual has filed with the Agency a statement of 
disagreement following a refusal to amend the record as requested, the 
Agency will clearly note that portion of the record that is disputed 
and will send copies of the statement of disagreement to the last known 
address of all previous recipients of the disputed record shown in the 
Agency's Privacy Act Requests File.

Sec. 603.8   Exemptions.

    (a) As authorized by the Act, the following categories of records 
are hereby exempted from the requirements of sections (c)(3), (d), 
(e)(4)(G), (H) and (I), and (f) of 5 U.S.C. 552a, and will not be 
disclosed to the individuals to which they pertain:
    (1) System of Records of ACDA-4--Statements by Principals during 
the Strategic Arms Limitation Talks, Mutual Balanced Force Reduction 
negotiations, and the Standing Consultative Committee. This system 
contains information classified pursuant to Executive Order 12958 that 
is exempt from disclosure by the Act (5 U.S.C. 522a(k)(1)) in that 
disclosure could damage national security.
    (2) System of Records ACDA-3--Security Records. This system 
contains investigatory material compiled for law enforcement purposes 
which is exempt from disclosure by the Act (5 U.S.C. 522a(k)(2)): 
Provided, however, that if any individual is denied any right, 
privilege, or benefit to which the individual would otherwise be 
entitled by Federal law, or for which the individual would otherwise be 
eligible, as a result of the maintenance of such material, such 
material will be provided to such individual, except to the extent that 
disclosure of such material would

[[Page 30012]]

reveal the identity of a source who furnished information to the 
Government under an express promise that the identity of the source 
would be held in confidence, or, if furnished to the Government prior 
to September 27, 1975, under an implied promise that the identity of 
the source would be held in confidence.
    (3) Systems of Records ACDA-3--Security Records. This system 
contains investigatory materials compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for Federal 
civilian employment, military service, Federal contracts, or access to 
classified information which is exempt from disclosure by the Act (5 
U.S.C. 552a(k)(5)), but only to the extent that disclosure of such 
material would reveal the identity of a source who furnished 
information to the Government under an express promise that the 
identity of the source would be held in confidence, or, if furnished to 
the Government prior to September 27, 1975, under an implied promise 
that the identity of the source would be held in confidence.
    (b) Nothing in these regulations shall be construed to allow an 
individual access to:
    (1) Any information compiled in reasonable anticipation of a civil 
action or proceeding; or
    (2) Testing or examination material used solely to determine 
individual qualification for appointment or promotion in the Federal 
Service, the disclosure of which would compromise the objectivity or 
fairness of the testing or examination process.

Sec. 603.9  New and amended systems of records.

    (a) The Agency shall provide adequate advance notice to Congress 
and to the Office of Management and Budget of any proposal to establish 
or alter any system of records. Such notice shall be in a form 
consistent with guidance on content, format and timing issued by the 
Office of Management and Budget.
    (b) The Agency shall publish by August 31 of each year in the 
Federal Register a notice of the existence and character of each system 
of records maintained by the Agency. Such notice shall be consistent 
with guidance on format contained in the Act and issued by the General 
Services Administration. At least 30 days before any new or changed 
routine use of records contained within a system of records can be 
made, the Agency shall publish notice of such new or changed use in the 
Federal Register.

Sec. 603.10  Fees.

    Fees to be charged in responding to requests under the Privacy Act 
shall be, to the extent permitted by paragraph (f)(5) of the Act, the 
rates established in title 22 CFR 602.20 for responding to requests 
under the Freedom of Information Act.

    Dated: May 30, 1996.
Mary Elizabeth Hoinkes,
General Counsel.
[FR Doc. 96-15027 Filed 6-12-96; 8:45 am]
BILLING CODE 6820-32-M

Complete official Federal Register PDF

FR Doc. 96-15015 Migratory Bird Hunting; Supplemental Proposals for Migratory Game Bird Hunting Regulations; Notice of Meetings.
[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Pages 30114-30118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15015]

[[Page 30113]]

_______________________________________________________________________

Part II

Department of the Interior

_______________________________________________________________________

Fish and Wildlife Service

_______________________________________________________________________

50 CFR Part 20

Supplemental Proposals for Migratory Game Bird Hunting Regulations; 
Notice of Meetings; Proposed Rule

Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / 
Proposed Rules

[[Page 30114]]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN: 1018-AD69

Migratory Bird Hunting; Supplemental Proposals for Migratory Game 
Bird Hunting Regulations; Notice of Meetings.

AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; supplemental.

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

SUMMARY: The U.S. Fish and Wildlife Service (hereinafter the Service) 
proposed in an earlier document to establish annual hunting regulations 
for certain migratory game birds for the 1996-97 hunting season. This 
supplement to the proposed rule provides the regulatory schedule, 
announces the Service Migratory Bird Regulations Committee and Flyway 
Councils meetings, and describes proposed changes from 1995-96 hunting 
regulations.

DATES: The Service Migratory Bird Regulations Committee will consider 
and develop proposed regulations for early-season migratory bird 
hunting on June 25, 26, and 27, and for late-season migratory bird 
hunting on July 31, August 1, and 2. The Service will hold public 
hearings on proposed early- and late-season frameworks at 9:00 a.m. on 
June 27 and August 2, 1996, respectively. The comment period for 
proposed migratory bird hunting-season frameworks for Alaska, Hawaii, 
Puerto Rico, the Virgin Islands, and other early seasons will end on 
July 25, 1996. The comment period for late-season proposals will end on 
September 3, 1996.
ADDRESSES: The Service Migratory Bird Regulations Committee will meet 
in room 200 of the U.S. Fish and Wildlife Service's Arlington Square 
Building, 4401 N. Fairfax Drive, Arlington, Virginia. The Service will 
hold public hearings in the Auditorium of the Department of the 
Interior Building, 1849 C Street, NW., Washington, DC. Parties should 
submit written comments on the proposals and/or a notice of intent to 
participate in either hearing to the Chief, Office of Migratory Bird 
Management, U.S. Fish and Wildlife Service, Department of the Interior, 
ms 634--ARLSQ, 1849 C Street, NW., Washington, DC 20240. The public may 
inspect comments during normal business hours in room 634, ARLSQ 
Building, 4401 N. Fairfax Drive, Arlington, Virginia.

FOR FURTHER INFORMATION CONTACT: Paul R. Schmidt, Chief, Office of 
Migratory Bird Management, 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. This document is the second in a series of 
proposed, supplemental, and final rules for migratory game bird hunting 
regulations. The Service will propose early-season frameworks in late 
June and late-season frameworks in early August. The Service will 
publish final regulatory frameworks for early seasons on or about 
August 14, 1996, and those for late seasons on or about September 23, 
1996.
    On June 27, 1996, the Service will hold a public hearing in 
Washington, DC, to review the status of migratory shore and upland game 
birds and waterfowl hunted during early seasons and the recommended 
hunting regulations for these species.
    On August 2, 1996, the Service will hold a public hearing in 
Washington, DC, to review the status of waterfowl and recommended 
hunting regulations for regular waterfowl seasons, and other species 
and seasons not previously discussed at the June 27 public hearing.

Announcement of Service Migratory Bird Regulations Committee 
Meetings

    The June 25 meeting will review information on the current status 
of migratory shore and upland game birds and develop 1996-97 migratory 
game bird regulations recommendations for these species plus 
regulations for migratory game birds in Alaska, Puerto Rico, and the 
Virgin Islands; special September waterfowl seasons in designated 
States; special sea duck seasons in the Atlantic Flyway; and extended 
falconry seasons. In addition, the Service will review and discuss 
preliminary information on the status of waterfowl as it relates to the 
development of the regulatory packages for the 1996-97 regular 
waterfowl seasons. The June 26 meeting will ensure that the Service 
develops its regulations recommendations in full consultation.
    The July 31 meeting will review information on the current status 
of waterfowl and develop 1996-97 migratory game bird regulations 
recommendations for regular waterfowl seasons and other species and 
seasons not previously discussed at the early season meetings. The 
August 1 meeting will ensure that the Service develops its regulations 
recommendations in full consultation.
    In accordance with Departmental policy on meetings of the Service 
Migratory Bird Regulations Committee attended by any person outside the 
Department, these meetings will be open to public observation. Members 
of the public may submit written comments on the matters discussed to 
the Director.

Announcement of Flyway Council Meetings

    On July 27-29, 1996, Service representatives will attend the joint 
and individual Flyway Council meetings at the Adams Mark Hotel in 
Kansas City, Missouri. Although specific agendas are not yet available, 
these meetings will begin the afternoon of the 27th and close the 
afternoon of the 29th.

Review of Public Comments

    This supplemental rulemaking describes recommended changes based on 
the preliminary proposals published in the March 22, 1996, Federal 
Register. This supplement includes only those recommendations requiring 
either new proposals or substantial modification of the preliminary 
proposals. This supplement does not include recommendations that 
support or oppose but do not recommend alternatives to the preliminary 
proposals. The Service will consider these comments later in the 
regulations-development process. The Service will publish responses to 
proposals, written comments, and public-hearing testimony when it 
develops final frameworks.
    The Service seeks additional information and comments on the 
recommendations in this supplemental proposed rule. The Service will 
consider all recommendations and associated comments during development 
of the final frameworks.
    New proposals and modifications to previously described proposals 
are discussed below. Wherever possible, they are discussed under 
headings corresponding to the numbered items in the March 22, 1996, 
Federal Register.

1. Ducks

    Categories used to discuss issues related to duck harvest 
management are: (A) Harvest Strategy Considerations, (B) Framework 
Dates, (C) Season Length, (D) Closed Seasons, (E) Bag Limits, (F) Zones 
and Split Seasons, and (G)

[[Page 30115]]

Special Seasons/Species Management. Categories containing substantial 
recommendations are discussed below.

A. Harvest Strategy Considerations

    Council Recommendations: In the March 22, 1996, Federal Register, 
the Service reported on recommendations made by an Adaptive Harvest 
Management (AHM) technical working group for the 1996 regulatory 
process. Comprised of representatives from the Service and the four 
Flyway Councils, the working group was established in 1992 to develop 
recommendations for improving the regulation of duck harvests. The 
working group's function is, however, strictly technical in nature.
    All four Flyways continued to express support for the AHM approach 
to setting duck hunting regulations. However, the Mississippi, Central, 
and Pacific Flyway Councils recommended some modifications to the 
specific regulatory packages recommended by the working group, and 
these modifications are identified below under ``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 North 
American Waterfowl Management Plan (NAWMP), but commented that many 
technical issues will need to be resolved before AHM will be fully 
operational for multiple stocks of ducks.
    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 the 1996 regulations process.

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.

C. Season Length

    Council Recommendations: In the regulations packages 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 recommended the season length in the ``liberal'' package be 67 
days instead of 60 days.

D. 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.
    Written Comments: The Massachusetts Division of Fisheries and 
Wildlife recommended any ``liberal'' regulatory package delete the hen 
mallard restriction in the Atlantic Flyway.

E. 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., two 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

[[Page 30116]]

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.
    The Nebraska Game and Parks Commission 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 provision 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. While the Service 
continues to support this proposed change, based on preliminary 
comments, the Service is now proposing 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 existing 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 reviewed the justification provided 
and believes that 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 has reviewed the rationale provided with the recommendations 
and believes that the definition/interpretations previously used are 
still appropriate. The requirement for contiguous boundaries for zones 
and different season dates among zones supports a primary objective of 
the guidelines for selecting zones/split seasons for duck hunting, 
which is to improve stability in hunting regimes. If concurrent seasons 
among zones were allowed, States would in effect have the option to 
either zone or not zone. With respect to non-contiguous boundaries, the 
Service believes that the current guidelines allow States sufficient 
flexibility to address differences in physiography, climate, etc. 
within a State. Allowing either of these exceptions in interpretation 
could further confound our ability to regulate and evaluate overall 
harvest pressure on ducks.
    The following zone/split-season guidelines apply only for the 
regular duck season and include several definitions and interpretations 
developed in response to questions during and following the first open 
season in 1991. For clarification, these are reiterated:
    1. A zone is a geographic area or portion of a State, with a 
contiguous boundary, for which independent dates (at least 1 day 
difference) can 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.
    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. Any State may change its zone/split arrangement to the Basic 
Option at any time during the 5 years between open seasons. If such a 
change is made, the Basic Option must be continued for the remainder of 
the 5-year period.
    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. Basic Option: The Basic Option, available at any time to any 
State, would allow the regular duck season to be split into two 
segments with no zones.
    2. Alternative Options: Where the Basic Option is deemed 
undesirable, States may choose one of the following:
    a. No more than three zones with no splits,
    b. A 3-way split with no zones, or
    c. 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 (except 
conversions to the Basic Option), 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, Nevada, Oregon, 
South Dakota, Utah, and Wisconsin 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 Wyoming 
did not comply with the revised guidelines and the Service requests 
these States revise their proposals accordingly.
    Regarding Nebraska's proposed zoning plan, the Service does not 
support the Central Flyway Council's recommendation that would allow a 
variance to Nebraska or any other State for establishment of non-
contiguous zone boundaries. The use of ``early'' and ``late'' zones in 
the Low Plains portion of Nebraska during 1991-95 is clearly outside 
the established guidelines, but was allowed (1991-95) under the 
grandfather clause. In the event that this arrangement is now 
unacceptable, Nebraska must use the guidelines provided above to 
establish a zone/split configuration for the 1996-2000 period. Under 
the grandfather arrangement, minor boundary changes are allowed and 
Nebraska's proposed Low Plains zone boundary changes would be 
acceptable.

F. Special Seasons/Species Management

    i. Canvasbacks
    Council Recommendations: The Lower-Region Regulations Committee of 
the Mississippi Flyway Council

[[Page 30117]]

recommended canvasback regulations fluctuate within the regulations 
packages commensurate with model predictions, breeding-population 
indices, and habitat conditions.
    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.
    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 Adaptive 
Harvest Management 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.
    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.
    v. Other Species
    Council Recommendations: The Atlantic Flyway Council recommended 
black duck harvest restrictions in place during the 1990-94 period be 
continued or increased for a 3-year period where necessary to ensure 
adequate harvest reductions throughout the black duck range, beginning 
with the 1997-98 hunting season.

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 and the Pacific Flyway Council made several recommendations 
relating to September Canada goose seasons. 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 September frameworks for September 
Canada goose seasons in the Atlantic Flyway to September 25.

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.
    Written Comments: The Massachusetts Division of Fisheries and 
Wildlife urged the Service to consider new data on Atlantic Population 
Canada geese that supports two populations of northern Atlantic Flyway 
geese.

7. Snow and Ross's Geese

    Council Recommendations: The Lower-Region Regulations Committee of 
the Mississippi Flyway Council recommended the Service give serious 
consideration to innovative approaches to harvest management for snow 
geese. The Committee also recommended the Service consider recent 
changes in the Migratory Bird Treaty to provide greater hunter 
opportunities for snow geese.
    The Central Flyway Council recommended a March 10 framework closing 
date for hunting light geese throughout the Central Flyway. However, 
the Council further recommended within the Rainwater Basin Region in 
Nebraska, the framework closing date be February 1 for hunting light 
geese on land owned or controlled by the Nebraska Game and Parks 
Commission or the Service.

8. Swans

    Council Recommendations: The Atlantic Flyway Council recommended 
eliminating the requirement that tundra swan seasons must be held 
during snow goose seasons.

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.

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.

[[Page 30118]]

Public Comment Invited

    The Service intends that adopted final rules be as responsive as 
possible to all concerned interests, and therefore desires to obtain 
the comments and suggestions of the public, other concerned 
governmental agencies, non-governmental organizations, and other 
private interests on these proposals. Such comments, and any additional 
information received, may lead to final regulations that differ from 
these proposals.
    Special circumstances are involved in the establishment of these 
regulations which limit the amount of time that 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 
that to allow comment periods past the dates specified is contrary to 
the public interest.

Comment Procedure

    The policy of the Department of the Interior, whenever practical, 
affords the public an opportunity to participate in the rulemaking 
process. Accordingly, interested persons may participate by submitting 
written comments to the Chief, Office of Migratory Bird Management, 
U.S. Fish and Wildlife Service, Department of the Interior, ms 634--
ARLSQ, 1849 C Street, NW., Washington, DC 20240. The public may inspect 
comments during normal business hours at the Service's office in room 
634, Arlington Square Building, 4401 N. Fairfax Drive, Arlington, 
Virginia. The Service will consider all relevant comments received. The 
Service will attempt to acknowledge received comments, but substantive 
response to individual comments may not be provided.

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, hunting regulations this year will be designed, 
among other things, to remove or alleviate chances of conflict between 
seasons for migratory game birds 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. It is possible that the findings from the 
consultations, which will be included in a biological opinion, 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 consultation under 
Section 7 are public documents and are available for public inspection 
in the Division of Endangered Species and the Office of Migratory Bird 
Management, U.S. Fish and Wildlife Service, Arlington Square Building, 
4401 N. Fairfax Drive, Arlington, Virginia.

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

    In the Federal Register dated March 22, 1996, the Service reported 
measures it had undertaken to comply with requirements of the 
Regulatory Flexibility Act and the Executive Order. These included 
preparing a Small Entity Flexibility Analysis (Analysis) in 1995 to 
document 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 
in 1995. 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.

    Authorship: The primary authors of this proposed rule are Ron W. 
Kokel and Patricia R. Hairston, Office of Migratory Bird Management.

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: June 5, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15015 Filed 6-12-96; 8:45 am]
BILLING CODE 4310-55-F

Complete official Federal Register PDF

FR Doc. 96-15002 Small Purchase Authority
[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Page 30028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15002]

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

GENERAL SERVICES ADMINISTRATION

41 CFR Part 101-20

RIN 3090-AG00

Small Purchase Authority

AGENCY: General Services Administration.

ACTION: Proposed rule.

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

SUMMARY: This General Services Administration (GSA) proposed rule 
revises the regulations regarding the delegation of authority to 
occupant agencies to contract for reimbursable space alterations. The 
present FPMR provisions stated in 101-20.106.1 cite a project 
accomplishment threshold of $25,000. This threshold was established 
based on the small purchase authority in place at the time of the 
original publication of this provision.
    Since the purpose of this FPMR provision is to provide occupant 
agencies choices in their use of a service provider, it is recommended 
that the Simplified Acquisition Procurement threshold be used. Rather 
than establish an authority at a selected value, the reference should 
be changed to link it to the Federal Acquisition Streamlining Act of 
1994. Therefore, if the value of the statute changes the FPMR would not 
require a change. The present Simplified Acquisition Procedures (SAP) 
authority is $50,000 for GSA procurement activities.
    Modifying the FPMR provisions to tie to the SAP authority gives 
occupants increased flexibility in accomplishing alteration tasks and 
fully delegates the authority to do the work.
    No other changes are suggested.

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

ADDRESSES: Written comments should be sent to General Services 
Administration, Office of Property Management, Portfolio Customer Team 
(PMX), 18th and F Streets, NW, Room G118, Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT: Jeffrey Neely, Portfolio Customer 
Team, PMX, (202) 208-1497.

SUPPLEMENTARY INFORMATION: The General Services Administration (GSA) 
has determined that this rule is not a significant regulatory action 
for the purposes of Executive Order 12866.
    The Paperwork Reduction Act does not apply because the revisions do 
not impose record keeping or information collection requirements, or 
collections of information from offerors, contractors, or members of 
the public which require the approval of the Office of Management and 
Budget under 44 U.S.C. 3501, et seq.
    This rule is not required to be published in the Federal Register 
for notice and comment. Therefore, the Regulatory Flexibility Act does 
not apply.

List of Subjects in 41 CFR Part 101-20

    Concessions, Federal buildings and facilities, Government property 
management.

    For the reasons set forth in the preamble, it is proposed to amend 
41 CFR Part 101-20 as follows:

PART 101-20--MANAGEMENT OF BUILDINGS AND GROUNDS

    1. The authority citation for Part 101-20 continues to read as 
follows:

    Authority: Sec. 205(c) of Pub. L. 152, 63, Stat., 390, 40 
U.S.C., 486(c).

Subpart 101-20.1--Buildings Operations, Maintenance, Protection, 
and Alterations

    2. Section 202-20.106-1 is amended by revising paragraphs (b) and 
(e) to read as follows:

Sec. 101-20.106-1  Placing of orders for reimbursable alterations by 
occupant agencies.

* * * * *
    (b) No individual order, or combination of orders for a single 
alteration project, shall exceed the statutory limitation for a 
simplified acquisition procedure, and agencies shall not split orders 
so as to circumvent this limitation.
* * * * *
    (e) Where no GSA contracts or agreements are in effect, an agency 
may contract directly for services up to the maximum of the statutory 
limitation for simplified acquisition procedures per project after 
obtaining written approval of the GSA buildings manager. Agencies 
contracting directly must provide the GSA buildings manager with 
complete documentation of the scope of work and contract specifications 
at the time of submission for approval. Each project shall include 
appropriate reviews by the regional safety staff. If contracting for 
security systems, agencies must submit the design work to the regional 
Federal Protective Service Division for review and approval. Agencies 
shall be responsible for inspecting and certifying satisfactory 
completion of the ordered work. All work must conform to GSA fire and 
safety standards. GSA at anytime has the authority to make inspections 
and require correction if the project is found not in compliance with 
GSA fire and safety standards. As-built drawings must be submitted to 
the GSA buildings manager within 30 days of completion of work.

    Dated: April 5, 1996.
Robert A. Peck,
Commissioner, Public Buildings Service.
[FR Doc. 96-15002 Filed 6-12-96; 8:45 am]
BILLING CODE 6820-23-M

Complete official Federal Register PDF

FR Doc. 96-14989 Airworthiness Directives; Beech Aircraft Corporation 90, 99, 100, 200, and 1900 Series Airplanes
[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Pages 29994-29996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14989]

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

DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-CE-11-AD]
RIN 2120-AA64

Airworthiness Directives; Beech Aircraft Corporation 90, 99, 100, 
200, and 1900 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This document proposes to supersede AD 92-27-10, which 
currently requires inspecting the pilot and copilot chairs to ensure 
that the locking pins will fully engage in the seat tracks on certain 
Beech Aircraft Corporation (Beech) 90, 99, 100, 200, and 1900 series 
airplanes, and modifying any chair where any locking pin fails to fully 
engage or is misaligned. Reports of pilot and copilot chair locking pin 
malfunctions prompted AD 92-27-10. Since issuance of that AD, the 
Federal Aviation Administration (FAA) has determined that additional 
airplanes should be affected by the pilot and copilot chair locking 
pins inspection and modification (if required), and that the inspection 
should be accomplished in accordance with revised procedures. The 
proposed action would retain the inspection and modification 
requirements of AD 92-27-10; incorporate additional airplanes into the 
applicability over that included in AD 92-27-10; and require the 
inspection in accordance with revised service information. The actions 
specified by the proposed AD are intended to prevent inadvertent 
movement of the pilot or copilot chair, which could result in loss of 
control of the airplane if it occurs during a critical flight maneuver.

DATES: Comments must be received on or before August 16, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket No. 96-CE-11-AD, Room 1558, 601 E. 
12th Street, Kansas City, Missouri 64106. Comments may be inspected at 
this location between 8 a.m. and 4 p.m., Monday through Friday, 
holidays excepted.
    Service information that applies to the proposed AD may be obtained 
from the Beech Aircraft Corporation, P.O. Box 85, Wichita, Kansas 
67201-0085. This information also may be examined at the Rules Docket 
at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Steve Potter, Aerospace Engineer, 
Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Mid-
Continent Airport, Wichita, Kansas 67209; telephone (316) 946-4124; 
facsimile (316) 946-4407.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report that summarizes each FAA-public contact concerned 
with the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 96-CE-11-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Central Region, Office of the Assistant Chief Counsel, 
Attention: Rules Docket No. 96-CE-11-AD, Room 1558, 601 E. 12th Street, 
Kansas City, Missouri 64106.

Discussion

    AD 92-27-10, Amendment 39-8444 (58 FR 5923, January 25, 1993), 
currently requires the following on certain Beech Aircraft Corporation 
(Beech) 90, 99, 100, 200, and 1900 series

[[Page 29995]]

airplanes: inspecting the pilot and copilot chairs to ensure that the 
locking pins will fully engage in the seat tracks, and modifying any 
chair where any locking pin fails to fully engage or is misaligned. 
Accomplishment of the inspection required by AD 92-27-10 is in 
accordance with Beech Service Bulletin (SB) No. 2444, Revision 1, dated 
September 1992.
    Reports of pilot and copilot chair locking pin malfunctions, 
including one instance where the pilot chair slid back from the full 
forward position, prompted the FAA to issue AD 92-27-10. Since issuance 
of that AD, the FAA has determined that additional airplanes should be 
affected by the pilot and copilot chair locking pins inspection and 
modification, and that the inspection should be accomplished in 
accordance with revised procedures.

Applicable Service Information

    The Beech Aircraft Corporation has revised SB No. 2444 to the 
Revision II level (dated May 1995). The SB revision updates airplane 
serial number effectivity, and incorporates an additional procedure to 
Step 5 of the ACCOMPLISHMENT INSTRUCTIONS section.

Evaluation of All Applicable Information

    After examining the circumstances and reviewing all available 
information related to the incidents described above, including the 
referenced SB revision, the FAA has determined that AD action should be 
taken to prevent inadvertent movement of the pilot or copilot chair, 
which could result in loss of control of the airplane if it happens 
during a critical flight maneuver.

Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Beech 90, 99, 100, 200, and 1900 series 
airplanes of the same type design, the proposed AD would supersede AD 
92-27-10 with a new AD that would (1) retain the requirement of 
inspecting the pilot and copilot chairs to ensure that the locking pins 
will fully engage in the seat tracks, and modifying any chair where any 
locking pin fails to fully engage or is misaligned; (2) incorporate 
additional airplanes into the applicability over that included in AD 
92-27-10; and (3) require the inspection in accordance with Beech SB 
No. 2444, Revision II, dated May 1995.

Cost Impact

    The FAA estimates that 4,971 airplanes in the U.S. registry would 
be affected by the proposed AD, that it would take approximately 1 
workhour per airplane to accomplish the proposed inspection, and that 
the average labor rate is approximately $60 an hour. No parts are 
required to accomplish the proposed action. Based on these figures, the 
total cost impact of the proposed AD on U.S. operators is estimated to 
be $298,260. This figure only takes into account the cost of the 
inspection and does not take into account the cost of modifying any 
pilot or copilot seat where the locking mechanism fails to fully engage 
or is misaligned. If a pilot or copilot seat fails to fully engage or 
is misaligned, the modification would take approximately 2 workhours 
per airplane at an average labor rate of $60 per hour ($120 per 
airplane).

Regulatory Impact

    The regulations proposed herein would not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) if promulgated, 
will not have a significant economic impact, positive or negative, on a 
substantial number of small entities under the criteria of the 
Regulatory Flexibility Act. A copy of the draft regulatory evaluation 
prepared for this action has been placed in the Rules Docket. A copy of 
it may be obtained by contacting the Rules Docket at the location 
provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 14 
CFR part 39 of the Federal Aviation Regulations as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 USC 106(g), 40113, 44701.

Sec. 39.13   [Amended]

    2. Section 39.13 is amended by removing Airworthiness Directive 
(AD) 92-27-10, Amendment 39-8444 (58 FR 5923, January 25, 1993), and by 
adding a new AD to read as follows:

Beech Aircraft Corporation: Docket No. 96-CE-11-AD. Supersedes AD 
92-27-10, Amendment 39-8444.

    Applicability: The following model and serial number airplanes, 
certificated in any category:

------------------------------------------------------------------------
            Models                             Serial No.               
------------------------------------------------------------------------
65-90, 65-A90, B90, C90, and   LJ-1 through LJ-1307.                    
 C90A.                                                                  
65-A90-1 (U-21A).............  LM-1 through LM-63, LM-65, LM-67 through 
                                LM-69, LM-71 through LM-99, and LM- 112 
                                through LM-114.                         
65-A90-1 (JU-21A)............  LM-64, LM-66, and LM-70.                 
65-A90-1 (RU-21D)............  LM-100, LM-102 through LM-106, and LM-116
                                through LM-124.                         
65-A90-1 (RU-21H)............  LM-101 LM-107, LM-115, LM-125, LM-127, LM-
                                128, LM-129, LM-132, LM-133, LM- 136, LM-
                                137, and LM-138.                        
65-A90-1 (RU-21A)............  LM-108 through LM-111.                   
65-A90-1 (U-21G).............  LM-126, LM-130, LM-131, LM- 134, LM-135, 
                                and LM-139 through LM-141.              
65-A90-2 (RU-21B)............  LS-1, LS-2, and LS-3.                    
65-A90-3 (RU-21C)............  LT-1 and LT-2.                           
65-A90-4 (RU-21E)............  LU-1, LU-3, LU-4, LU-7, LU-8, and LU-14. 
65-A90-4 (RU-21H)............  LU-2, LU-5, LU-6, LU-9, LU-10 through LU-
                                13, and LU-15.                          
E90..........................  LW-1 through LW-347.                     
H90 (T-44A)..................  LL-1 through LL-61.                      
F90..........................  LA-2 through LA-236.                     

[[Page 29996]]

                                                                        
99, 99A, A99A, B99, and C99..  U-1 through U-239.                       
100 and A100.................  B-1 through B-94 and B-100 through B-247.
A100 (U-21F).................  B-95 through B-99.                       
A100-1 (U-21J)...............  BB-3, BB-4, and BB-5.                    
B100.........................  BE-1 through BE-137.                     
200 and B200.................  BB-2 and BB-6 through BB-1440.           
200C and B200C...............  BL-1 through BL-72 and BL-124 through BL-
                                137.                                    
200CT and B200CT.............  BN-1 through BN-4.                       
200T and B200T...............  BT-1 through BT-34.                      
A200 (C-12A, C-12C)..........  BD-1 through BD-30, and BC-1 through BC- 
                                75.                                     
A200 (UC-12B)................  BJ-1 through BJ-66.                      
A200CT (C-12D)...............  BP-1, BP-22, and BP-24 through BP-51.    
A200CT(FWD-12D)..............  BP-7 through BP-11.                      
A200CT (RC-12D)..............  GR-1 through GR-13.                      
A200CT (C-12F)...............  BP-52 through BP-63.                     
A200CT (RC-12G)..............  FC-1, FC-2, and FC-3.                    
A200CT (RC-12H)..............  GR-14 through GR-19.                     
A200CT (RC-12K)..............  FE-1 through FE-23.                      
B200C (C-12F)................  BL-73 through BL-112, and BL-118 through 
                                BL-123.                                 
B200C (UC-12F)...............  BU-1 through BU-10.                      
B200C (RC-12F)...............  BU-11 and BU-12.                         
B200C (UC-12M)...............  BV-1 through BV-10.                      
B200C (RC-12M)...............  BV-11 and BV-12.                         
B200CT (FWD-12D).............  FG-1 and FG-2.                           
B200CT (C-12F)...............  BP-64 through BP-71.                     
1900.........................  UA-1, UA-2, and UA-3.                    
1900C........................  UB-1 through UB-74, and UC-1 through UC- 
                                174.                                    
1900C (C-12).................  UD-1 through UD-6.                       
1900D........................  UE-1 through UE-17.                      
------------------------------------------------------------------------

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it. Compliance: Required within the next 150 hours time-in-
service after the effective date of this AD, unless already 
accomplished.

    To prevent inadvertent movement of the pilot or copilot chair, 
which could result in loss of control of the airplane if it occurs 
during a critical flight maneuver, accomplish the following:
    (a) Inspect the pilot and copilot chairs to ensure that the 
locking pins will fully engage in the seat tracks in accordance with 
the ACCOMPLISHMENT INSTRUCTIONS section of Beech Service Bulletin 
(SB) No. 2444, Revision II, dated May 1995. Prior to further flight, 
modify any chair where any locking pin fails to fully engage or is 
misaligned in accordance with the maintenance manual as specified in 
Beech SB No. 2444, Revision II, dated May 1995.
    (b) The inspection and modification required by paragraph (a) of 
this AD are still mandatory even if the actions were previously 
accomplished in accordance with Beech SB No. 2444, dated April 1992, 
or Beech SB No. 2444, Revision I, dated September 1992.
    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Wichita Aircraft Certification Office 
(ACO), 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita, 
Kansas 67209. The request shall be forwarded through an appropriate 
FAA Maintenance Inspector, who may add comments and then send it to 
the Manager, Wichita ACO. Alternative methods of compliance approved 
in accordance with AD 92-27-10 (superseded by this action) are not 
considered approved as alternative methods of compliance with this 
AD.
    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Wichita ACO.

    (e) All persons affected by this directive may obtain copies of 
the document referred to herein upon request to the Beech Aircraft 
Corporation, P.O. Box 85, Wichita, Kansas 67201-0085; or may examine 
this document at the FAA, Central Region, Office of the Assistant 
Chief Counsel, Room 1558, 601 E. 12th Street, Kansas City, Missouri 
64106.
    (f) This amendment supersedes AD 92-27-10, Amendment 39-8444.

    Issued in Kansas City, Missouri, on June 4, 1996.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-14989 Filed 6-12-96; 8:45 am]
BILLING CODE 4910-13-U

Complete official Federal Register PDF

FR Doc. 96-14988 Airworthiness Directives; Airbus Model A300, A300-600, A310, and A320 Series Airplanes
[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Pages 29996-30001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14988]

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

DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-227-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A300, A300-600, A310, and 
A320 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain Airbus Model A300, 
A300-600, A310, and A320 series airplanes, that currently requires an 
inspection of the landing gear brakes for wear, and replacement if the 
specified wear limits are not met. That AD also requires incorporation 
of the specified wear limits into the FAA-approved maintenance 
inspection program. This action would require that certain wear limits 
that are dependent on brake stack weight be used in conjunction with 
specified brake stack weights, and that maximum allowable

[[Page 29997]]

brake wear limits for additional brake units be incorporated into the 
FAA-approved maintenance program. This proposal is prompted by a report 
that some brakes that are subject to the requirements of the existing 
AD have not been removed from service and by the determination of the 
maximum allowable brake wear limits for additional brake unit part 
numbers. The actions specified by the proposed AD are intended to 
prevent the loss of brake effectiveness during a high energy rejected 
takeoff.

DATES: Comments must be received by July 22, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-227-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays.
    The service information referenced in the proposed rule may be 
obtained from Messier Services, 45635 Willow Pond Plaza, Sterling, 
Virginia 20164; Allied Signal Aerospace, Technical Publications, Dept. 
65-70, P.O. Box 52170, Phoenix, Arizona 85072-2170; or BFGoodrich 
Company, Aircraft Evacuation Systems, Department 7916, Phoenix, Arizona 
85040. This information may be examined at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Joe Jacobsen, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2011; fax (206) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 95-NM-227-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 95-NM-227-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On December 14, 1994, the FAA issued AD 94-26-05, amendment 39-9101 
(59 FR 65927, December 22, 1994), applicable to certain Airbus Model 
A300, A300-600, A310, and A320 series airplanes, to require an 
inspection of certain landing gear brakes for wear, and replacement if 
the specified wear limits are not met. That AD also requires 
incorporation of the specified wear limits into the FAA-approved 
maintenance inspection program. That action was prompted by an accident 
in which a transport category airplane executed a rejected takeoff 
(RTO) and was unable to stop on the runway due to worn brakes, and 
subsequent review of allowable brake wear limits for all transport 
category airplanes. The requirements of that AD are intended to prevent 
the loss of brake effectiveness during a high energy RTO.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the airplane manufacturer and one 
brake unit manufacturer have advised the FAA that certain brake part 
numbers and maximum brake wear information provided to the FAA and 
specified in AD 94-26-05 was incorrect and must be revised. The FAA 
finds that this information must be revised in order to ensure that any 
brake worn beyond its maximum wear limit is replaced with a brake 
within that limit.
    Additionally, the FAA has been advised that some brakes that are 
subject to the requirements of AD 94-26-05 have not been removed from 
service. These particular brakes are unable to withstand maximum RTO 
energy with the wear pin limit specified in the existing AD due to 
lower brake stack weights. Consequently, the FAA has determined that a 
requirement that certain wear limits that are dependent on brake stack 
weight must be used in conjunction with appropriate brake stack weights 
specified in the brake manufacturer's Component Maintenance Manual 
(CMM), certain service bulletins, or the Airplane Maintenance Manual.
    Further, additional brake unit part numbers that were not addressed 
in AD 94-26-05 have since been evaluated, and the maximum allowable 
brake wear limits for these brake units have been determined in 
accordance with a methodology approved by the FAA. The newly identified 
maximum brake wear limits must be applied to these brake configurations 
in order to ensure their braking effectiveness. The FAA has determined 
that airplanes equipped with these brake units are currently subject to 
the same unsafe condition addressed in the existing AD.
    The FAA also finds that references to certain brake part numbers 
that were specified in the existing AD must be clarified to indicate 
that the listing refers to a ``series''of brake part numbers.
    Additionally, the FAA has determined that certain service 
information specified in the existing AD must be revised to specify 
issuance dates and revision levels.

Type Certification of the Affected Airplanes

    These airplane models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes that are of the same type design, 
that are equipped with the subject brake configurations, and that are 
registered in the United States, the proposed AD would supersede AD 94-
26-05. This proposed AD would continue to require inspection of certain 
landing gear brakes for wear, replacement of the brakes if certain wear 
limits are not met, and incorporation of the specified wear limits into 
the FAA-approved maintenance inspection program. Additionally, the 
proposed AD would:

[[Page 29998]]

     Revise certain brake part numbers and maximum brake wear 
information specified in the existing AD;
     Require that certain wear limits that are dependent on 
brake stack weight be used in conjunction with appropriate brake stack 
weights specified in various service documents; and
     Require that maximum allowable brake wear limits for 
additional brake units be incorporated into the FAA-approved 
maintenance program.

Cost Impact

    There are approximately 165 Model A300, A300-600, A310, and A320 
series airplanes of U.S. registry that would be affected by this 
proposed AD.
    Incorporation of the revision of the FAA-approved maintenance 
inspection program, which is currently required by AD 94-26-05, takes 
approximately 20 work hours per operator (for 4 U.S. operators) to 
accomplish, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact on U.S. operators to accomplish this 
currently required action is estimated to be $4,800, or $1,200 per 
operator.
    The inspection currently required by AD 94-26-05 takes 
approximately 15 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. The cost of required parts to 
accomplish the change in wear limits for these airplanes (that is, the 
cost resulting from the requirement to change the brakes before they 
are worn to their previously approved limits for a one-time change) 
will be approximately $2,236 per airplane. The FAA estimates that 46 of 
the 165 affected airplanes of U.S. registry will be required to 
accomplish the inspection. Based on these figures, the cost impact on 
U.S. operators to accomplish the currently required inspection is 
estimated to be $144,256, or $3,136 per airplane.
    The new actions that are proposed in this AD action would affect 
one U.S. operator of 8 airplanes. The FAA estimates that the new 
actions would take approximately 15 work hours per airplane to 
accomplish, at an average labor rate of $60 per work hour. Required 
parts would cost approximately $2,236 per airplane. Based on these 
figures, the cost impact on the affected U.S. operator of the proposed 
requirements of this AD is estimated to be $3,136 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.

Regulatory Impact

    The regulations proposed herein would not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

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

Sec. 39.13   [Amended]

    2. Section 39.13 is amended by removing amendment 39-9101 (59 FR 
65927, December 22, 1994), and by adding a new airworthiness directive 
(AD), to read as follows:

Airbus Industrie: Docket 95-NM-227-AD. Supersedes AD 94-26-05, 
Amendment 39-9101.

    Applicability: Model A300, A300-600, A310, and A320 series 
airplanes equipped with Messier-Bugatti, BFGoodrich, Allied Signal 
(ALS) Aerospace Company (Bendix), or Aircraft Braking Systems (ABS) 
brakes; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the loss of brake effectiveness during a high energy 
rejected takeoff (RTO), accomplish the following:

RESTATEMENT OF REQUIREMENTS OF AD 94-26-05

    (a) Within 180 days after January 23, 1995 (the effective date 
of AD 94-26-05, amendment 39-9101), accomplish paragraphs (a)(1) and 
(a)(2) of this AD.
    (1) Inspect main landing gear brakes having the brake part 
numbers listed in Table 1, below, for wear. Any brake worn more than 
the maximum wear limit specified in Table 1, below, must be 
replaced, prior to further flight, with a brake within that limit.

                                 Table 1                                
[Airbus Industrie Model A300, A300-600, A310, and A320 Series Airplanes -
Equipped with Messier-Bugatti, BFGoodrich, Allied Signal (ALS) Aerospace
       Company (Bendix), or Aircraft Braking Systems (ABS) Brakes]      
------------------------------------------------------------------------
                                                          Maximum brake 
 Airplane model/         Brake         Brake part No.-  wear limit (inch/
     series-         manufacturer-                             mm)      
------------------------------------------------------------------------
A300 B2-100-       Messier-Bugatti    286349-115        0.98''(25.0 mm).
A300 B2-100-       Messier-Bugatti    286349-116        0.98'' (25.0    
                                                         mm).           
A300 B2-100-       BFGoodrich         2-1449            1.4'' (35.6 mm).
A300 B2-100-       BFGoodrich         2-1449            1.1'' (27.9 mm) 
                                                         S.C.*          
A300 B4-100-       Messier-Bugatti    A21329-41-7-      1.1'' (28.0 mm).

[[Page 29999]]

                                                                        
A300 B4-100-       Messier-Bugatti    A21329-41-17      1.1'' (28.0 mm).
A300 B4-100-       ALS (Bendix)       2606802-3/-4/-5   0.9'' (22.9 mm).
A300 B4-100-       ALS (Bendix)       2606802-3/-4/-5   1.48'' (37.6 mm)
                                                         S.C.*          
A300 B4-100-       BFGoodrich         2-1449            1.4'' (35.6 mm).
A300 B4-100-       BFGoodrich         2-1449            1.1'' (27.9 mm) 
                                                         S.C.*          
A300 B4-200        Messier-Bugatti    C20060-100-       1.1'' (28.0 mm).
  and A300-600-                                                         
A300-600           ALS (Bendix)       2607932-1         0.9'' (22.9 mm).
A300-600           ALS (Bendix)       2607932-1         1.48'' (37.6 mm)
                                                         S.C.*          
A300 B4-600R       Messier-Bugatti    C20210000         1.97'' (50.0    
                                                         mm).           
A300 B4-600R       Messier-Bugatti    C20210200         1.97'' (50.0    
                                                         mm).           
A310-200           Messier-Bugatti    C20089000         1.1'' (28.0 mm).
A310-200           ALS (Bendix)       2606822-1         1.26'' (32.0    
                                                         mm).           
A310-200           ALS (Bendix)       2606822-1         1.5'' (38.2 mm) 
                                                         S.C.*          
A310-300           Messier-Bugatti    C20194000         1.97'' (50.0    
                                                         mm).           
A310-300           Messier-Bugatti    C20194200         1.97'' (50.0    
                                                         mm).           
A310-300           ABS                5010995           1.97'' (50.0    
                                                         mm).           
A320               Messier-Bugatti    C20225000         1.97'' (50.0    
                                                         mm).           
A320               Messier-Bugatti    C20225200         1.97'' (50.0    
                                                         mm).           
A320               BFGoodrich         2-1526-2          1.97'' (50.0    
                                                         mm).           
A320               BFGoodrich         2-1526-3/-4       2.68'' (68.0    
                                                         mm).           
------------------------------------------------------------------------
* S.C. represents ``Service Configured'' brakes, which are marked       
  according to the instructions provided in the brake manufacturer's    
  Component Maintenance Manual (CMM).                                   

    Note 2: Measuring instructions that must be revised to 
accommodate the new brake wear limits specified in Table 1, above, 
can be found in Chapter 32-42-27 of the Airplane Maintenance Manual 
(AMM), in Chapter 32-32-( ) or 32-44-( ) of the brake manufacturer's 
CMM, or in certain service bulletins (SB), as listed in Table 2, 
below:

                                 Table 2                                
------------------------------------------------------------------------
                                                          Date/revision 
      Brake            Part No.--     Document/chapter      (or later   
  manufacturer--                                           revisions)   
------------------------------------------------------------------------
FOR MODEL A300 B2-100 SERIES AIRPLANES:                                 
                                                                        
 Messier-Bugatti-  286349-115-        CMM 32-42-27-     April 1991.     
Messier-Bugatti-   286349-116-        CMM 32-42-27-     April 1991.     
BFGoodrich-        2-1449 and S.C.*-  CMM 32-44-37      January 1993.   
                                      SB 567 (2-1449-   January 30,     
                                       32-4)-            1993.          
                                                                        
 FOR MODEL A300 B4-100 SERIES AIRPLANES:                                
                                                                        
 ALS (Bendix)-     2606802-3-         CMM 32-42-02-     September 1993. 
                   2606802-4          SB 2606802-32-    March 31, 1993. 
                   2606802-5 and       003-                             
                    S.C.*-                                              
BFGoodrich-        2-1449 and S.C.*-  CMM 32-44-37      January 1993.   
                                      SB 567 (2-1449-   January 30,     
                                       32-4)-            1993.          
                                                                        
FOR MODEL A300 B4-200 AND A300-600 SERIES AIRPLANES:                    
                                                                        
ALS (Bendix)-      2607932-1 and      CMM 32-42-27      September 1993. 
                    S.C.*-            SB 2607932-32-    March 31,1993   
                                       002-             and Revision 1/ 
                                                        October 1, 1993.
                                                                        
FOR MODEL A300 B4-600R SERIES AIRPLANES:                                
                                                                        
Messier-Bugatti-   C20210000          Airbus SB 470-32- April 6, 1990.  
                   and C20210200-      675-                             
                                                                        
 FOR MODEL A310-200 SERIES AIRPLANES:                                   
                                                                        
ALS (Bendix)-      2606822-1 & S.C.*- CMM 32-42-03      September 1993. 
                                      SB 2606822-32-    March 31, 1993. 
                                       002 -                            
                                                                        
FOR MODEL A310-300 SERIES AIRPLANES:                                    
                                                                        
Messier-Bugatti-   C20225000          Airbus SB 470-32- April 6, 1990. --
                   and C20225200-      675-                             
------------------------------------------------------------------------
* S.C. represents ``Service Configured'' brakes, which are marked       
  according to the instructions provided in the brake manufacturer's    
  CMM.                                                                  

    (2) Incorporate into the FAA-approved maintenance inspection 
program the maximum brake wear limits specified in paragraph (a)(1) 
of this AD.

    Note 3: Once an operator has complied with the requirements of 
paragraphs (a)(1) and (a)(2) of this AD, those paragraphs do not 
require that operators subsequently record accomplishment of those 
requirements each time a brake is inspected or overhauled in 
accordance with that operator's FAA-approved maintenance inspection 
program.

[[Page 30000]]

NEW REQUIREMENTS OF THIS AD

    (b) Within 90 days after the effective date of this AD, revise 
the FAA-approved maintenance program to include the requirements of 
paragraphs (b)(1), (b)(2), (b)(3), and (b)(4) of this AD. 
Accomplishment of these requirements terminates the requirements of 
paragraph (a) of this AD.
    (1) Incorporate the maximum wear pin limits specified in Table 3 
of this AD into the FAA-approved maintenance program.
    (2) Comply with those measurements thereafter.
    (3) Measure the brake wear in accordance with Chapter 32-42-27 
of the AMM, with Chapter 32-32-( ) of the brake manufacturer's CMM, 
or with certain service bulletins (SB), as listed in Table 4, below. 
Brake wear limits specified in Table 3, below, that are identified 
in the service information specified in Table 4, below, as being 
dependent on brake stack weights shall be used in conjunction with 
the brake stack weights specified in that service information.
    (4) If any brake has measured wear beyond the maximum wear 
limits specified in Table 3 of this AD, prior to further flight, 
replace it with a brake that is within the wear limits specified in 
Table 3.

                                 Table 3                                
Airbus Industrie Model A300, A300-600, A310, and A320 Series Airplanes -
Equipped with Messier-Bugatti, BFGoodrich, Allied Signal (ALS) Aerospace
       Company (Bendix), or Aircraft Braking Systems (ABS) Brakes       
------------------------------------------------------------------------
                                                          Maximum brake 
 Airplane model/         Brake         Brake part No.-  wear limit (inch/
     series-         manufacturer-                             mm)      
------------------------------------------------------------------------
A300 B2-100-       Messier-Bugatti-   286349-115-       0.98'' (25.0    
                                                         mm).           
A300 B2-100-       Messier-Bugatti-   286349-116-       0.98'' (25.0    
                                                         mm).           
A300 B2-100-       BFGoodrich-        2-1449-           1.4'' (35.6 mm).
A300 B2-100-       BFGoodrich-        2-1449-           1.1'' (27.9 mm) 
                                                         S.C.*          
A300 B4-100-       Messier-Bugatti-   A21329-41-7-      1.1'' (28.0 mm).
A300 B4-100-       Messier-Bugatti-   A21329-41-17-     1.1'' (28.0 mm).
A300 B4-100/-200-  ALS (Bendix)-      2606802-3/-4/-5   0.9'' (22.9 mm).
A300 B4-100/-200-  ALS (Bendix)-      2606802-3/-4/-5   1.48'' (37.6 mm)
                                                         S.C.*          
A300-B4-100-       BFGoodrich-        2-1449-           1.4'' (35.6 mm).
A300-B4-100-       BFGoodrich-        2-1449-           1.1'' (27.9 mm) 
                                                         S.C.*          
A300-600-          Messier-Bugatti-   C20060-100        1.1'' (28.0 mm).
                                       Series-                          
A300-600-          ALS (Bendix)-      2607932-1-        0.9'' (22.9 mm).
A300-600-          ALS (Bendix)-      2607932-1-        1.48'' (37.6 mm)
                                                         S.C.*          
A300 B4-600R       Messier-Bugatti-   C20210000 Series- 1.97'' (50.0    
                                                         mm). -         
A300 B4-600R-      Messier-Bugatti-   C20210200 Series- 1.97'' (50.0    
                                                         mm). -         
A310-200-          Messier-Bugatti-   C20089000 Series- 1.1'' (28.0 mm).
                                                         -              
A310-200-          ALS (Bendix)-      2606822-1-        1.26'' (32.0    
                                                         mm).           
A310-200-          ALS (Bendix)-      2606822-1-        1.5'' (38.2 mm) 
                                                         S.C.*          
A310-300-          Messier-Bugatti-   C20194000 Series  1.97'' (50.0    
                                       -                 mm). -         
A310-300-          Messier-Bugatti-   C20194200 Series  1.97'' (50.0    
                                       -                 mm). -         
A310-300-          ABS-               5010995-          2.22'' (56.39   
                                                         mm).           
A320-              Messier-Bugatti-   C20225000 Series- 1.97'' (50.0    
                                                         mm).           
A320-              Messier-Bugatti-   C20225200 Series- 1.97'' (50.0    
                                                         mm). -         
A320-              BFGoodrich-        2-1526-           1.97'' (50.0    
                                                         mm).           
A320-              BFGoodrich-        2-1526-2-         1.97'' (50.0    
                                                         mm).           
A320-              BFGoodrich-        2-1526-5-         1.97'' (50.0    
                                                         mm).           
A320-              BFGoodrich-        2-1526-3/-4-      2.68'' (68.0    
                                                         mm).           
A320-              BFGoodrich-        2-1572-           2.68'' (68.0    
                                                         mm).           
A320-              ABS-               5011075-          2.14'' (54.36   
                                                         mm).           
------------------------------------------------------------------------
* S.C. represents ``Service Configured'' brakes, which are marked       
  according to the instructions provided in the brake manufacturer's    
  CMM.                                                                  

                                 Table 4                                
------------------------------------------------------------------------
                                                          Date/revision 
      Brake             Part No.      Document/chapter      (or later   
   manufacturer                                            revisions)   
------------------------------------------------------------------------
FOR MODEL A300 B2-100 SERIES AIRPLANES:                                 
                                                                        
Messier-Bugatti    286349-115         CMM 32-42-27-     April 30, 1991. 
Messier-Bugatti    286349-116         CMM 32-42-27-     April 30, 1991. 
BFGoodrich         2-1449 and S.C.*   CMM 32-44-37      January 30,     
                                      SB 567 (2-1449-    1993.          
                                       32-4)-           January 30,1993.
                                                                        
FOR MODEL A300 B4-100 SERIES AIRPLANES:                                 
                                                                        
Messier-Bugatti    A21329-41-17       CMM 32-44-37      January 30,     
                                                         1993.          
ALS (Bendix)       2606802-3          CMM 32-42-02      Revision 7/April
                   2606802-4          SB 2606802-32-     30, 1995.      
                   2606802-5 and       003              March 31, 1993, 
                    S.C.*                                and            
                                                        Revision 1/     
                                                         October 1,     
                                                         1993.          
BFGoodrich-        2-1449 and S.C.*   CMM 32-44-37      January 30,     
                                      SB 567 (2-1449-    1993.          
                                       32-4)- -         January 30,     
                                                         1993.          
                                                                        
FOR MODEL A300 B4-200 SERIES AIRPLANES:                                 
                                                                        
Messier-Bugatti    C20060-100 Series  CMM 32-44-24      December 31,    
                                                         1991.          
ALS (Bendix)       2606802-3          CMM 32-42-02      Revision 7/April
                   2606802-4          SB 2606802-32-     30, 1995.      
                   2606802-5 and       003              March 31, 1993, 
                    S.C.*                                and            
                                                        Revision 1/     
                                                         October 1,     
                                                         1993.          
                                                                        
 
[[Page 30001]]

                                                                        
FOR MODEL A300-600 SERIES AIRPLANES:                                    
                                                                        
Messier-Bugatti    C20060-100 Series  CMM 32-44-24      December 31,    
                                                         1991.          
ALS (Bendix)       2607932-1 and      CMM 32-42-05      Revision 4/     
                    S.C.*             SB 2607932-32-     February       
                                       002               15,1992.       
                                      SB 2607932-32-    March 31,1993,  
                                       003               and            
                                                        Revision 1/     
                                                         October 1,     
                                                         1993.          
                                                        May 31, 1995.   
                                                                        
 - - FOR MODEL A300 B4-600R SERIES AIRPLANES:                           
                                                                        
Messier-Bugatti    C20210000          CMM 32-44-51      August 31, 1994.
                   and                SB 470-32-675     Revision 1/     
                   C20210200 Series                     September 26,   
                                                         1994.          
                                                                        
--FOR MODEL A310-200 SERIES AIRPLANES:                                  
                                                                        
Messier-Bugatti    C20089000 Series   CMM 32-46-23      January 31,     
                                                         1992.          
ALS (Bendix)       2606822-1 and      CMM 32-42-03      Revision 5/     
                    S.C.                                January 31,     
                                      SB 2606822-32-     1991.          
                                       002 -            March 31, 1993. 
                                                                        
 --FOR MODEL A310-300 SERIES AIRPLANES:                                 
                                                                        
Messier-Bugatti    C20194000 and      CMM 32-46-37      August 31, 1994.
                   C20194200 Series   SB 470-32-675     Revision 1/     
                                                        September 26,   
                                                         1994.          
ABS                5010995            CMM 32-43-97      February 28,    
                                                         1991.          
                                                                        
 FOR MODEL A320 SERIES AIRPLANES:                                       
                                                                        
Messier-Bugatti    C20225000 and      CMM 32-47-20      January 31,     
                   C20225200 Series   SB 580-32-3042     1995.          
                                                        Revision 1/June 
                                                         30, 1995. ---  
BFGoodrich         2-1526/-2/-5       CMM 32-44-38      March 15, 1993. 
                   2-1526-3/-4        CMM 32-44-38      March 15, 1993. 
                   2-1572             CMM 32-41-63      April 29, 1994. 
ABS                5011075            CMM 32-41-18      February 28,    
                                                         1991.          
------------------------------------------------------------------------
* S.C. represents ``Service Configured'' brakes, which are marked       
  according to the instructions provided in the brake manufacturer's    
  CMM.                                                                  

    NOTE 4: Once an operator has complied with the requirement of 
paragraph (b) of this AD, that paragraph does not require that the 
operator subsequently record accomplishment of those requirements 
each time a brake is inspected or overhauled in accordance with that 
operator's FAA-approved maintenance inspection program.
    (c) Prior to installation of any brake having a part number 
other than those specified in Table 3 of this AD, revise the FAA-
approved maintenance program to include the provisions specified in 
paragraph (b) of this AD for that part number brake, that have been 
approved by the Manager, Standardization Branch, ANM-113, FAA, 
Transport Airplane Directorate.
    -(d) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Standardization Branch, ANM-113. 
Operators shall submit their requests through an appropriate FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Standardization Branch, ANM-113.

    Note 5: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    -(e) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished. Issued in Renton, 
Washington, on June 6, 1996.
James V. Devany,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-14988 Filed 6-12-96; 8:45 am]
BILLING CODE 4910-13-U

Complete official Federal Register PDF

FR Doc. 96-14966 Approval and Promulgation of Air Quality Implementation Plans; Virginia; Proposed Approval of Alternative Compliance Plans for the Reynolds Metals Graphic Arts Plants
[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Page 30023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14966]

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

ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[VA010-5545b; FRL-5514-7]

Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Proposed Approval of Alternative Compliance Plans for the 
Reynolds Metals Graphic Arts Plants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA proposes to approve the State Implementation Plan (SIP) 
revision submitted by the Commonwealth of Virginia for the purpose of 
establishing alternative compliance plans for the Reynolds Metals--
Bellwood and South Plants located in Richmond, Virginia. In the Final 
Rules section of this Federal Register, EPA is approving the State's 
SIP revision as a direct final rule without prior proposal because the 
Agency views this as a noncontroversial SIP revision and anticipates no 
adverse comments. A detailed rationale for the approval is set forth in 
the direct final rule. If no adverse comments are received in response 
to this proposed rule, no further activity is contemplated in relation 
to this rule. If EPA receives adverse comments, the direct final rule 
will be withdrawn and all public comments received will be addressed in 
a subsequent final rule based on this proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting on this action should do so at this time.

DATES: Comments must be received in writing by July 15, 1996.

ADDRESSES: Written comments on this action should be addressed to 
Marcia L. Spink, Associate Director, Air Programs, Mailcode 3AT00, U.S. 
Environmental Protection Agency, Region III, 841 Chestnut Building, 
Philadelphia, Pennsylvania 19107. Copies of the documents relevant to 
this action are available for public inspection during normal business 
hours at the Air, Radiation, and Toxics Division, U.S. Environmental 
Protection Agency, Region III, 841 Chestnut Building, Philadelphia, 
Pennsylvania 19107 and the Virginia Department of Environmental 
Quality, 629 East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Marcia L. Spink, (215) 566-2104.

SUPPLEMENTARY INFORMATION: See the information provided in the Direct 
Final action of the same title which is located in the Rules and 
Regulations Section of this Federal Register.

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

    Dated: May 17, 1996.
W. Michael McCabe,
Regional Administrator, Region III.
[FR Doc. 96-14966 Filed 6-12-96; 8:45 am]
BILLING CODE 6560-50-P

Complete official Federal Register PDF

FR Doc. 96-14964 Approval and Promulgation of Implementation Plans; Indiana
[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Pages 30023-30024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14964]

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

ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[IN61-1-7230b; FRL-5509-6]

Approval and Promulgation of Implementation Plans; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The EPA proposes to approve the State Implementation Plan 
(SIP) revision request submitted by the State of Indiana on September 
19, 1995, and November 8, 1995, which establishes regulations for 
suppliers and users of automobile/mobile equipment refinishing coatings 
in Clark, Floyd, Lake, and Porter Counties. In the final rules section 
of this Federal Register, the EPA is approving this action as a direct 
final rule without prior proposal because EPA views this as a 
noncontroversial action and anticipates no adverse comments. A detailed 
rationale for the approval is set forth in the direct final rule. If no 
adverse comments are received in response to that direct final rule, no 
further activity is contemplated in relation to this proposed rule. If 
EPA receives adverse comments, the direct final rule will be withdrawn 
and all public comments received will be addressed in a subsequent 
final rule based on the proposed rule. Any parties interested in

[[Page 30024]]

commenting on this document should do so at this time.

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

ADDRESSES: Written comments should be mailed to: J. Elmer Bortzer, 
Chief, Regulation Development Section, Air Programs Branch (AR18-J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.
    Copies of the State submittal are available for inspection at: 
Regulation Development Section, Air Programs Branch (AR18-J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Mark J. Palermo, Regulation 
Development Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6082.

SUPPLEMENTARY INFORMATION: For additional information see the direct 
final rule published in the rules section of this Federal Register.

    Dated: May 13, 1996.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 96-14964 Filed 6-12-96; 8:45 am]
BILLING CODE 6560-50-P

Complete official Federal Register PDF

FR Doc. 96-14963 Northeast Multispecies Fishery; Amendment 7; Resubmission of Disapproved Measure for an Open Access Permit for Nonregulated Multispecies
[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Pages 30028-30030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14963]

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

[[Page 30029]]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 651

[Docket No. 960216032-6158-05; I.D. 052196A]

Northeast Multispecies Fishery; Amendment 7; Resubmission of 
Disapproved Measure for an Open Access Permit for Nonregulated 
Multispecies

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS proposes regulations to implement a revised measure that 
was disapproved in the preliminary evaluation of Amendment 7 to the 
Northeast Multispecies Fishery Management Plan (FMP) as revised and 
resubmitted by the New England Fishery Management Council (Council). 
This revision would rename the existing open access Possession Limit 
Permit, and allow certain fisheries to continue under this permit 
category that would otherwise be prohibited by Amendment 7. The 
intended effect of this action is to continue to allow fishing for 
nonregulated multispecies (silver hake, red hake, and ocean pout) by 
vessels that do not qualify for a limited access multispecies permit.

DATES: Comments on this proposed rule must be received by July 1, 1996.

ADDRESSES: Comments should be sent to Dr. Andrew A. Rosenberg, 
Director, NMFS, Northeast Regional Office, 1 Blackburn Drive, 
Gloucester, MA 01930. Mark on the outside of the envelope ``Comments on 
Possession Limit Permit Category.''

FOR FURTHER INFORMATION CONTACT: Peter W. Christopher, Fishery 
Management Specialist, 508-281-9288.

SUPPLEMENTARY INFORMATION: The Council submitted Amendment 7 to the FMP 
on February 5, 1996. After a preliminary evaluation, the following 
three measures in the amendment were disapproved on February 14, 1996: 
An additional allowance of days-at-sea (DAS) for trawl vessels enrolled 
in the Individual DAS category that use 8-inch (20.32 cm) mesh, a 300-
lb (136.1 kg) possession limit of regulated species for vessels that 
use 8-inch (20.32 cm) mesh in an exempted fishery, and the 
establishment of a limited access category for vessels that fished in 
the Possession Limit Open Access category under Amendment 5. The 
remainder of Amendment 7 was published as a proposed rule on March 5, 
1996 (61 FR 8540). The first two of the three disapproved measures were 
resubmitted by the Council. The measure that would have allowed a 300-
lb (136.1 kg) regulated species possession limit for vessels fishing 
with 8-inch (20.32 cm) mesh in an exempted fishery was again 
disapproved, and the measure that would give additional multispecies 
DAS to all limited access multispecies vessels fishing exclusively with 
large mesh was published as a proposed rule on April 18, 1996 (61 FR 
16892), and was added to the final rule to implement Amendment 7, which 
was published on May 31, 1996 (61 FR 27710). Pursuant to section 
304(b)(3)(A) of the Magnuson Fishery Conservation and Management Act 
(Magnuson Act), the Council has resubmitted the measure that would 
implement a possession limit permit by revising it to allow possession 
of nonregulated multispecies, defined to be silver hake, red hake, and 
ocean pout. This proposed permit is now named the ``open access 
nonregulated multispecies permit.''
    On February 27-28, 1996, the Council discussed the three 
disapproved measures and voted to resubmit revisions of the first and 
second while deferring action on the third measure pending further 
discussions. The third measure disapproved by NMFS was the proposed 
implementation of a limited access possession limit permit under the 
FMP. An inequity would have been established if this measure were 
implemented, because vessels would have to qualify for a permit that 
would not allow fishing for regulated multispecies, whereas, if vessel 
owners selected an open access category and used appropriate gear, they 
would be allowed to catch regulated and nonregulated multispecies. 
Furthermore, an administrative burden would have been created because 
vessel permit applications would have to be processed through a review 
procedure to qualify for the permit, with a possibility that no fishing 
for multispecies finfish would be allowed after this time.
    Subsequent to the disapproval of this measure, several affected 
fishermen contacted the Council and indicated that, if an open access 
permit for nonregulated multispecies were not established, they would 
be denied an opportunity to fish for or retain a bycatch of 
nonregulated multispecies. The fishermen indicated that this would 
occur even though the impact of their activities on regulated species 
would be controlled by the fishery exemption program that only allows 
those fisheries that have a minimal bycatch of regulated species.
    On April 17-18, 1996, the Council passed a motion to resubmit the 
proposed possession limit permit category, redefining it as an open 
access permit category for nonregulated species and renaming it the 
``Nonregulated Multispecies'' permit category. This permit category 
would allow fishing for nonregulated multispecies by vessels using 
various gear types that do not qualify for a limited access 
multispecies permit and would eliminate any inequity or administrative 
burden associated with the need to qualify for a permit. The Council 
believes that implementation of this permit category jeopardizes 
neither the nonregulated multispecies, because they are not currently 
categorized as overfished, nor the regulated species, because a fishery 
allowed under this permit would be required to be exempted and meet the 
regulated multispecies bycatch limit of 5 percent.

Classification

    Section 304(a)(1)(D)(ii) of the Magnuson Act, as amended, requires 
NMFS to publish implementing regulations proposed by a Council within 
15 days of the receipt of an amendment and proposed regulations. At 
this time, NMFS has not determined whether the amendment this rule 
would implement is consistent with the national standards, other 
provisions of the Magnuson Act, and other applicable law. NMFS, in 
making that determination, will take into account the information, 
views and comments received during the comment period.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities. Vessels benefitting from this open access permit could 
have an increase in gross ex-vessel revenues of more than 5 percent 
compared to the status quo. However, the number of small entities being 
affected in this manner is believed to be much less than 20 percent of 
the vessels that are in the Northeast multispecies fishery (all of 
which are considered small entities). No vessels are expected to cease 
operations if the proposed action is implemented, nor are

[[Page 30030]]

vessels expected to incur increased operating costs. As a result, a 
regulatory flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 651

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: June 6, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 651 is 
proposed to be amended as follows:

PART 651--NORTHEAST MULTISPECIES FISHERY

    1. The authority citation for part 651 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec. 651.2, the definition for ``Nonregulated Multispecies'' 
is added in alphabetical order to read as follows:

Sec. 651.2  Definitions.

* * * * *
    Nonregulated Multispecies means the subset of multispecies finfish 
that includes silver hake, red hake, and ocean pout.
* * * * *
    3. In Sec. 651.4, paragraph (c) is revised to read as follows:

Sec. 651.4  Vessel permits.

* * * * *
    (c) Open access permits. Subject to the restrictions in 
Sec. 651.33, a U.S. vessel that has not been issued a limited access 
multispecies permit may obtain an open access Handgear, Charter/Party 
or Nonregulated Multispecies permit. Vessels that are issued a valid 
scallop limited access permit under Sec. 650.4 of this chapter may 
obtain an open access Scallop Multispecies Possession Limit permit.
* * * * *
    4. In Sec. 651.33, paragraph (d) is added to read as follows:

Sec. 651.33  Open access permit restrictions.

* * * * *
    (d) A vessel issued a valid open access Nonregulated Multispecies 
permit issued under Sec. 651.4(c) may possess nonregulated 
multispecies, provided it does not fish for, possess, or land regulated 
species. The vessel is subject to restrictions on gear, area, and time 
of fishing specified in Sec. 651.20.
[FR Doc. 96-14963 Filed 6-10-96; 12:26 pm]
BILLING CODE 3510-22-F

Complete official Federal Register PDF

FR Doc. 96-14962 Approval and Promulgation of Implementation Plans; Indiana
[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Page 30023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14962]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN59-1-7217b; FRL-5510-8]

Approval and Promulgation of Implementation Plans; Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: On August 29, 1995, the State of Indiana submitted a State 
Implementation Plan (SIP) revision request to the EPA for rule changes 
specific to Allison Engine Company (Allison) plants 5 and 8 located in 
Marion County, Indiana. The EPA proposes to approve Indiana's request. 
In the final rules section of this Federal Register, the EPA is 
approving this action as a direct final rule without prior proposal 
because the EPA views this as a noncontroversial action and anticipates 
no adverse comments. A detailed rationale for the approval is set forth 
in the direct final rule. If no adverse comments are received in 
response to that direct final rule, no further activity is contemplated 
in relation to this proposed rule. If the EPA receives adverse 
comments, the direct final rule will be withdrawn and all public 
comments received will be addressed in a subsequent final rule based on 
the proposed rule. The EPA will not institute a second comment period 
on this action. Any parties interested in commenting on this notice 
should do so at this time.

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

ADDRESSES: Written comments should be mailed to: J. Elmer Bortzer, 
Chief, Regulation Development Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.
    Copies of the State submittal and the EPA's analysis of it are 
available for inspection at: Regulation Development Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, Region 
5, 77 West Jackson Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: David Pohlman, Regulation Development 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 
(312) 886-3299.

SUPPLEMENTARY INFORMATION: For additional information see the direct 
final rule published in the rules section of this Federal Register.

    Dated: May 15, 1996.

Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 96-14962 Filed 6-12-96; 8:45 am]
BILLING CODE 6560-50-P

Complete official Federal Register PDF

FR Doc. 96-14954 Airworthiness Directives; The New Piper Aircraft, Inc. (Formerly Piper Aircraft Corporation) Model PA31T2 Airplanes
[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Pages 29992-29994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14954]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-CE-21-AD]
RIN 2120-AA64

Airworthiness Directives; The New Piper Aircraft, Inc. (Formerly 
Piper Aircraft Corporation) Model PA31T2 Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); Reopening of 
the comment period.

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

SUMMARY: This document proposes to revise an earlier proposed 
airworthiness directive (AD), which would have required rerouting the 
landing gear emergency extension air line on The New Piper Aircraft, 
Inc. (Piper) Model PA31T2 airplanes that have Parker Hannifin Wheel and 
Brake Conversion Kit 199-111 incorporated in accordance with 
Supplemental Type Certificate (STC) SA599GL. Three incidents of the 
brake cylinder contacting the landing gear emergency extension air line 
on both wheel wells of the affected airplanes prompted the proposal. 
Since issuance of the proposal, the Federal Aviation Administration 
(FAA) has determined that additional serial numbers of Piper Model 
PA31T2 airplanes should be included in the Applicability section of the 
proposed AD, and that revised service information should be 
incorporated. The actions specified by the proposed AD are intended to 
prevent the brake cylinder from chafing against the landing gear 
emergency extension air line when the gear is in the up and locked 
position, which could result in damage to the air line and subsequent 
loss of emergency gear extension capability. Since the comment period 
for the original proposal has closed and the change described above 
goes beyond the scope of what was originally proposed, the FAA is 
allowing additional time for the public to comment.

DATES: Comments must be received on or before August 16, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Central Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket No. 95-CE-21-AD, Room 1558, 601 E. 
12th Street, Kansas City, Missouri 64106. Comments may be inspected at 
this location between 8 a.m. and 4 p.m., Monday through Friday, 
holidays excepted.
    Service information that applies to the proposed AD may be obtained 
from the Parker Hannifin Corporation, Aircraft Wheel & Brake, 1160 
Center Road, P.O. Box 158, Avon, Ohio 44011; telephone (216) 937-6211; 
facsimile (216) 937-5409. This information also may be examined at the 
Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Nick Miller, Aerospace Engineer, 
FAA, Chicago Aircraft Certification Office, FAA, 2300 East Devon 
Avenue, Des Plaines, Illinois 60018; telephone (847) 294-7837; 
facsimile (847) 294-7834.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications should identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this

[[Page 29993]]

supplemental notice may be changed in light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report that summarizes each FAA-public contact concerned 
with the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this supplemental notice must submit a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. 95-CE-21-AD.'' The postcard will be date 
stamped and returned to the commenter.

Availability of Supplemental NPRM

    Any person may obtain a copy of this supplemental NPRM by 
submitting a request to the FAA, Central Region, Office of the 
Assistant Chief Counsel, Attention: Rules Docket No. 95-CE-21-AD, Room 
1558, 601 E. 12th Street, Kansas City, Missouri 64106.

Discussion

    A proposal to amend part 39 of the Federal Aviation Regulations (14 
CFR part 39) to include an AD that would apply to certain Piper Model 
PA31T2 airplanes that have Parker Hannifin Wheel and Brake Conversion 
Kit 199-111 incorporated in accordance with STC SA599GL was published 
in the Federal Register on April 17, 1995 (60 FR 19174). The action 
proposed to require rerouting the landing gear emergency extension air 
line. Accomplishment of the proposed action would be in accordance with 
Parker Hannifin Service Bulletin SB7034, dated March 23, 1994 (since 
revised to Revision B, dated December 19, 1995).
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were received on the 
proposed rule or the FAA's determination of the cost to the public.
    Since issuance of the notice of proposed rulemaking (NPRM), the FAA 
has determined that the Applicability section of the proposed AD should 
be revised to include additional serial numbers of Piper Model PA31T2 
airplanes. In addition, Parker Hannifin Service Bulletin SB7034 has 
been revised (Revision B, dated December 19, 1995) to reflect the Piper 
Model PA31T2 airplane serial numbers change.

Evaluation of All Applicable Information

    After examining the circumstances and reviewing all available 
information related to the subject described above, including the 
comments received, the FAA has determined that the NPRM should be 
revised to include the above-referenced serial number change and 
revised service bulletin, and that AD action should still be taken to 
prevent brake cylinders from chafing against the landing gear emergency 
extension air line when the gear is in the up and locked position. This 
condition could result in damage to the air line and subsequent loss of 
emergency gear extension capability.
    Since this revision of the NPRM to add serial numbers for the Piper 
Model PA31T2 airplanes proposes actions that go beyond the scope of 
what was already proposed, the FAA is reopening the comment period to 
allow the public additional time to comment on this proposed action.

Explanation of the Provisions of the Proposed AD

    Since an unsafe condition has been identified that is likely to 
exist or develop in other Piper Model PA31T2 airplanes of the same type 
design that have a Parker Hannifin Wheel and Brake Conversion Kit 199-
111 incorporated in accordance with STC SA599GL, the proposed AD would 
require rerouting the landing gear emergency extension air line. 
Accomplishment of the proposed action would be in accordance with 
Parker Hannifin Service Bulletin SB7034, Revision B, dated December 19, 
1995.

Cost Impact

    The FAA has determined that there are 62 Piper Model PA31T2 
airplanes in the U.S. registry that could incorporate a Parker Hannifin 
Wheel and Brake Conversion Kit 199-111 (in accordance with STC 
SA599GL), that it would take approximately 4 workhours per airplane to 
accomplish the proposed action, and that the average labor rate is 
approximately $60 an hour. Parts cost approximately $20 per airplane. 
Based on these figures, the total cost impact of the proposed AD on 
U.S. operators could be as much as $16,120 if all affected airplanes 
had the referenced conversion kit installed.
    Parker Hannifin has informed the FAA that it has distributed 31 
kits (shipped after March 28, 1994) to Piper Model PA31T2 airplane 
owners/operators. Kits shipped after March 28, 1994, included the 
replacement parts referenced in Parker Hannifin SB7034, Revision B. 
Based on each of the 31 kits being incorporated on an affected 
airplane, the cost impact of the proposed AD on U.S. owners and 
operators would be reduced 50 percent from $16,120 to $8,060. The 
reduction results from the difference between the 62 airplanes that are 
type certificated to have a Parker Hannifin Wheel and Brake Conversion 
Kit 199-111 incorporated (in accordance with STC SA599GL) and the 31 
kits that have already been distributed.

Regulatory Impact

    The regulations proposed herein would not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment. For the reasons discussed 
above, I certify that this action (1) is not a ``significant regulatory 
action'' under Executive Order 12866; (2) is not a ``significant rule'' 
under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 
1979); and (3) if promulgated, will not have a significant economic 
impact, positive or negative, on a substantial number of small entities 
under the criteria of the Regulatory Flexibility Act. A copy of the 
draft regulatory evaluation prepared for this action has been placed in 
the Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

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

[[Page 29994]]

Sec. 39.13  [Amended]

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

The New Piper Aircraft, Inc.: Docket No. 95-CE-21-AD.

    Applicability: Model PA31T2 airplanes (serial numbers 31T-
8166001 through 31T-8166062), certificated in any category, that 
have a Parker Hannifin Wheel and Brake Conversion Kit 199-111 
incorporated in accordance with Supplemental Type Certificate (STC) 
SA599GL.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required within the next 100 hours time-in-service 
after the effective date of this AD, unless already accomplished.
    To prevent the brake cylinder from chafing against the landing 
gear emergency extension air line when the gear is in the up and 
locked position, which could result in damage to the air line and 
subsequent loss of emergency gear extension capability, accomplish 
the following:
    (a) Reroute the landing gear emergency extension air line in 
accordance with the ACCOMPLISHMENT INSTRUCTIONS section of Parker 
Hannifin Service Bulletin SB7034, Revision B, dated December 19, 
1995.
    (b) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an equivalent level of safety may be 
approved by the Manager, Chicago Aircraft Certification Office 
(ACO), FAA, 2300 East Devon Avenue, Des Plaines, Illinois 60018. The 
request shall be forwarded through an appropriate FAA Maintenance 
Inspector, who may add comments and then send it to the Manager, 
Chicago ACO.

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

    (d) All persons affected by this directive may obtain copies of 
the document referred to herein upon request to the Parker Hannifin 
Corporation, Aircraft Wheel & Brake, 1160 Center Road, P.O. Box 158, 
Avon, Ohio 44011; or may examine this document at the FAA, Central 
Region, Office of the Assistant Chief Counsel, Room 1558, 601 E. 
12th Street, Kansas City, Missouri 64106.

    Issued in Kansas City, Missouri, on June 4, 1996.
Henry A. Armstrong,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-14954 Filed 6-12-96; 8:45 am]
BILLING CODE 4910-13-P

Complete official Federal Register PDF

FR Doc. 96-14894 Internal Analgesic, Antipyretic, and Antirheumatic Drug Products for Over-the-Counter Human Use; Proposed Amendment to the Tentative Final Monograph
[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Pages 30001-30009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14894]

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

[[Page 30002]]

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 343

[Docket No. 77N-094A]
RIN 0910-AA01

Internal Analgesic, Antipyretic, and Antirheumatic Drug Products 
for Over-the-Counter Human Use; Proposed Amendment to the Tentative 
Final Monograph

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Food and Drug Administration (FDA) is proposing to amend 
the tentative final monograph for over-the-counter (OTC) internal 
analgesic, antipyretic, and antirheumatic drug products to include the 
use of aspirin, buffered aspirin, and aspirin in combination with 
antacid to reduce the risk of vascular mortality in people with a 
suspected acute myocardial infarction (MI). This proposal is in 
response to two citizen petitions and is part of the ongoing review of 
OTC drug products conducted by FDA.

DATES: Submit written comments by September 11, 1996. Written comments 
on the agency's economic impact determination by September 11, 1996. 
The agency is proposing that any final rule that may issue based on 
this proposal be effective 12 months after the date of its publication 
in the Federal Register.
ADDRESSES: 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:

I. Introduction

    In the Federal Register of November 16, 1988 (53 FR 46204), the 
agency published a tentative final monograph (TFM) to establish 
conditions under which OTC internal analgesic, antipyretic, and 
antirheumatic drug products are generally recognized as safe and 
effective and not misbranded (hereinafter referred to as the 1988 TFM). 
The 1988 TFM included professional labeling for drug products 
containing aspirin, buffered aspirin, and aspirin in combination with 
an antacid for certain cardiovascular and cerebrovascular uses to: (1) 
Reduce the risk of death and/or nonfatal MI in patients with a previous 
infarction or unstable angina pectoris, and (2) reduce the risk of 
recurrent transient ischemic attacks (TIA's) or stroke in men who have 
had transient ischemia of the brain due to fibrin platelet emboli.
    The agency has received two citizen petitions (Refs. 1 and 2), 
submitted in accord with Sec. 10.30 (21 CFR 10.30), requesting that the 
professional labeling section of the monograph for OTC internal 
analgesic, antipyretic, and antirheumatic drug products be amended to 
include an indication for the use of aspirin in treating acute MI. One 
petition included reports of four studies to support this indication. 
The petitions are on public display in the Dockets Management Branch 
(address above).
    FDA has reviewed the information in the petitions and finds that it 
supports the safety and effectiveness of aspirin, buffered aspirin, or 
aspirin in combination with antacid to reduce the risk of vascular 
mortality in patients with a suspected acute MI. Therefore, the agency 
is proposing to amend the professional labeling in Sec. 343.80 of the 
1988 TFM for OTC internal analgesic drug products to include 
information on aspirin, buffered aspirin, or aspirin in combination 
with antacid for this indication. Final agency action on this proposal 
will occur in a future issue of the Federal Register.

II. The Citizen Petitions

A. The Agency's Evaluation of the Citizen Petitions

    One citizen petition (Ref. 1) included reports of four clinical 
trials conducted to evaluate the safety and effectiveness of aspirin in 
treating acute MI (Refs. 3 through 6).  The petition cited the results 
of the Second International Study of Infarct Survival (ISIS-2) (Ref. 3) 
as primary support for the safety and effectiveness of aspirin in the 
treatment of acute MI to reduce the risk of fatal and nonfatal 
cardiovascular and cerebrovascular events.
    The ISIS-2 study was undertaken after a pilot study (Ref. 7) of 619 
subjects suggested that aspirin was effective in reducing the incidence 
of nonfatal reinfarction, death, and stroke in subjects with suspected 
acute MI. The ISIS-2 study was a 2 x 2 factorial study of 17,187 
subjects (both men and women) with suspected acute MI, randomized so 
that 8,592 subjects received a single dose of streptokinase (1.5 
million units (MU)) and 8,595 received an intravenous placebo 
(hepatitis-B-antigen-free albumin). Streptokinase or placebo was 
intravenously infused over about 1 hour in 50 to 200 milliliters of 
physiological saline. Of the subjects, 8,587 were also allocated 
randomly to receive oral aspirin (162.5 milligrams (mg), enteric-
coated) daily for 1 month (the first dose crushed, sucked, or chewed), 
and 8,600 received oral placebo (enteric-coated starch tablets). Thus, 
within 24 hours of the onset of symptoms, 4,300 subjects received 
streptokinase plus oral placebo, 4,295 received aspirin plus placebo 
infusion, 4,292 received both active treatments, and 4,300 received 
double placebo. Subjects in whom acute MI was suspected but not 
confirmed were eligible for the study if they were entered within 24 
hours of the onset of symptoms and had no clear indication for, or 
contraindication to, streptokinase or aspirin. Subjects from 417 
hospitals in 16 countries were included in the study. Information 
collected and recorded prior to randomization included patient 
identifiers, age, systolic blood pressure, hours from onset of pain, 
aspirin use in the week prior to admission, and details concerning the 
planned treatment. Ancillary treatment (including treatment with 
aspirin) was not restricted. Electrocardiogram (ECG) results were not 
used as a basis for randomization. Once enrolled, subjects remained in 
the assigned treatment group for an intent-to-treat analysis of 
results.
    An ECG done prerandomization was submitted along with information 
on compliance with the study treatment, other drug use, and adverse 
events. Observers blind to the treatment assignment read the ECG's and 
reviewed the deaths. Causes of death were categorized as ``vascular'' 
or ``nonvascular.'' The protocol defined vascular deaths as those 
attributed to cardiac, cerebral, hemorrhagic, other vascular, or 
unknown causes. Further details of reports of stroke were collected for 
blinded review by a neurologist.
    Three primary analyses were conducted to assess the following 
effects: (1) Streptokinase on vascular mortality during the first 35 
days, (2) streptokinase on vascular mortality during the entire study 
period (a median followup of 15 months), and (3) oral daily aspirin on 
vascular mortality during the first 35 days. The effects of allocated 
treatment on clinical events (reinfarction, cardiac rupture, cardiac 
arrest, bleeding, and stroke) and on nonvascular mortality were also

[[Page 30003]]

evaluated. Although not specified in the protocol, subgroup analysis on 
vascular mortality in days 0 to 35 was performed for certain 
parameters, such as age, gender, diabetes, and systolic blood pressure.
    Results were presented as absolute changes and as changes in the 
odds of death. The report states: ``* * * a change from 10 percent dead 
(odds 10/90) to 8 percent dead (odds 8/92) involves an odds ratio of 8/
92 divided by 10/90, or 0.78, and is therefore described as a 22 
percent reduction in the odds of death (rather than as a 20 percent 
reduction in the risk of death).'' (A change from 10 percent dead (risk 
10/100) to 8 percent dead (risk 8/100) would represent a 20 percent 
reduction in risk of death.)
    During the first 35 days, there were 804 (9.4 percent) vascular 
deaths in the 8,587 subjects randomized to receive oral aspirin, and 
1,016 (11.8 percent) vascular deaths in the 8,600 subjects randomized 
to placebo. These results represent an absolute reduction of 2.4 
percent in the mean 35-day vascular mortality attributable to aspirin 
and a highly significant (23 percent) reduction in the odds of vascular 
death (2p < 0.00001, confidence interval 15 to 30 percent). Although 
not an endpoint specified in the protocol, an effect of aspirin was 
still present after the median 15-month followup was completed, with a 
total reduction of early and late vascular mortality of 1.9 percent, 
highly significant (2p < 0.001).
    The number of nonvascular deaths in subjects allocated to receive 
aspirin was not significantly different from subjects receiving placebo 
for the 15-month median followup. One nonvascular death occurred before 
5 weeks, and 24 deaths occurred after 5 weeks in the aspirin group, 
compared to 7 and 32, respectively, in the placebo group. Total 
mortality (vascular plus nonvascular) was reduced at both 35 days (9.4 
percent versus 11.9 percent, odds ratio 0.77) and after 15 months 
median followup (16.0 percent versus 18.1 percent odds ratio 0.87) for 
the aspirin group and placebo group). The reduction in all-cause 
mortality was highly significant (2p < 0.001) at both times.
    The beneficial effects of aspirin on vascular mortality in days 0 
to 35 was found to be independent of streptokinase infusion. (See Table 
1.)
Table 1.--Beneficial Effects of Aspirin on Vascular Mortality in Days 0 
To 35

                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                                                                      Percent         Percent   
 Treatment\1\ Tablet/Infusion    Vascular Deaths/No. of Subjects      Percent        Absolute      Reduction in 
                                                                                      Change       Odds of Death
----------------------------------------------------------------------------------------------------------------
A/S+A/P                         804/8,587\2\                            9.4                                     
 vs                                                                                                             
P/S+P/P                         1,016/8,600\3\-                        11.8            -2.4            23       
                                                                                                    (2p<0.00001)
                                                                                                                
A/P                             461/4,295                              10.7                                     
vs                                                                                                              
P/P                             568/4,300                              13.2            -2.5-      21 (2p<0.001) 
                                                                                                                
A/S                             343/4,292                               8.0                                     
vs                                                                                                              
P/S                             448/4,300                              10.4            -2.4       25 (2p<0.001) 
                                                                                                                
A/S                             343/4,292                               8.0                                     
vs                                                                                                              
P/P                             568/4,300                              13.2            -5.2-           42       
                                                                                                    (2p<0.00001)
                                                                                                                
A/S                             343/4,292                               8.0                                     
vs                                                                                                              
A/P                             461/4,295                              10.7            -2.7-      28 (2p<0.0001)
                                                                                                                
P/S                             448/4,300                              10.4                                     
vs                                                                                                              
P/P-                            568/4,300                              13.2            -2.8       23 (2p<0.0001)
                                                                                                                
A/S+P/S                         791/8,592\4\-                           9.2                                     
vs                                                                                                              
A/P+P/P                         1,029/8,595\5\                         12.0            -2.8            25       
                                                                                                    (2p<0.00001)
----------------------------------------------------------------------------------------------------------------
\1\ A=aspirin, S=streptokinase, and P=placebo.                                                                  
\2\ Inludes 4,295 allocated aspirin tablets + placebo infusion and 4,292 allocated aspirin tablets +            
  streptokinase infusion.                                                                                       
\3\ Includes 4,300 allocated placebo tablets + placebo infusion and 4,300 allocated placebo tablets +           
  streptokinase infusion.                                                                                       
\4\Includes 4,292 allocated aspirin tablets + placebo infusion and 4,300 allocated streptokinase infusion +     
  placebo tablets.                                                                                              
\5\Includes 4,295 allocated aspirin tablets + placebo infusion and 4,300 allocated placebo tablets + placebo    
  infusion.                                                                                                     

    Each subject received one tablet and one infusion (e.g., each 
subject was allocated either a single active ingredient plus placebo, 
both active ingredients, or two placebos). Aspirin reduced the odds of 
death within 35 days by 25 percent (standard deviation (SD) 6) in 
people who were also given streptokinase infusion, and by 21 percent 
(SD 6) in people given a placebo infusion (2p < 0.001). Thus, aspirin 
was effective in reducing mortality both in the presence and absence of 
streptokinase.
    Similarly, there were significantly fewer deaths in the 
streptokinase group compared to the placebo both in the presence and 
absence of aspirin. The effect of the combined therapy of aspirin plus 
streptokinase was approximately additive. The 35-day vascular mortality 
of the group that received aspirin plus streptokinase was 8 percent 
compared to 13.2 percent for the double-placebo group. These results 
represent an absolute reduction of 5.2 percent and a 42-percent 
reduction in odds of death in

[[Page 30004]]

the aspirin plus streptokinase group (2p < 0.00001).
    -When specific clinical events (fatal plus nonfatal) that occurred 
in the hospital were evaluated separately, statistically significant 
absolute reductions favoring aspirin were found for reinfarction (1.5 
percent absolute reduction, 45 percent odds reduction, 2p < 0.00001), 
cardiac arrest (1.2 percent absolute reduction, 14.2 percent odds 
reduction, 2p < 0.01), and total stroke (0.4 percent absolute 
reduction, 41.5 percent odds reduction, 2p < 0.01). Moreover, the 
effect of aspirin over and above its effect on mortality was evidenced 
by small, but significant, reductions in vascular morbidity in those 
subjects who were discharged.
    -The combination of streptokinase infusion and daily aspirin was 
significantly better than either active treatment alone for vascular 
mortality (See Table 1). The differences in favor of aspirin plus 
streptokinase compared to double placebo for specific clinical events 
were 1.1 percent in reinfarction, 2.5 percent in cardiac arrest, and 
0.5 percent (2p = 0.02) in total stroke. The effects of aspirin and 
aspirin in combination with streptokinase on major clinical events that 
occurred in a hospital is shown in Table 2.
Table 2.--Effects of Aspirin and Aspirin plus Streptokinase on Major 
Clinical Events in Hospital

                                                                                                                
----------------------------------------------------------------------------------------------------------------
                                      Aspirin                                Aspirin plus Streptokinase         
                 -----------------------------------------------------------------------------------------------
                                                      Percent                         Placebo         Percent   
                  Asprin Tablets      Placebo        Absolute       Aspirin and    Infusion and      Absolute   
                                      Tablets         Change       Streptokinase      Tablet          Change    
----------------------------------------------------------------------------------------------------------------
Number                                                                                                          
 randomized         8,587           8,600                           4,292           4,300                       
Number                                                                                                          
 discharged                                                                                                     
 alive              8,492           8,489                           4,239           4,238                       
Reinfarction                                                                                                    
 (any)                156             284               1.5            77             123               1.1     
  (any                                                                                                          
   discharged                                                                                                   
   alive)              83             170               1.0            46              61               0.4     
Cardiac rupture                                                                                                 
 (any)                 69              81               0.1            31              38               0.2     
  (any                                                                                                          
   discharged                                                                                                   
   alive)               7               5               0.0             2               1               0.0     
Cardiac arrest                                                                                                  
 (any)               690-             793               1.2           311             417               2.5     
  (any                                                                                                          
   discharged                                                                                                   
   alive)             259             289               0.4           133             129              -0.1     
Stroke (any)-          47              81               0.4            25              45               0.5     
  (fatal)              20              30               0.1            12              18               0.1     
  (disabled)           17              23               0.1             9              15               0.1     
  (not disabled)       10              28               0.2             4              12               0.2     
  (hemorrhagic)         5               2               0.0             5               0              -0.1     
  (any                                                                                                          
   discharged                                                                                                   
   alive)              27              51               0.3            13              27               0.3     
Major bleeds                                                                                                    
 (transfused)         31-              33               0.0-           24              11              -0.3     
Minor bleeds                                                                                                    
  (not                                                                                                          
   transfused)        215             163              -0.6           167              33              -3.2     
----------------------------------------------------------------------------------------------------------------

    Subgroup analysis was done for 35-day vascular mortality for 3,945 
women assigned to either aspirin (1,994) or oral placebo (1,951), and 
for 13,125 men assigned to aspirin (6,540) or oral placebo (6,585). 
Vascular mortality was higher in women than men in both the placebo and 
the aspirin group, but the absolute reduction of risk of vascular death 
was 2.6 percent for women and 2.4 percent for men, representing a 19 
percent (p = 0.018) odds reduction for women and a 25 percent (p < 
0.0001) odds reduction for men. These data suggest that beneficial 
effects of aspirin may be expected in treating both men and women for 
an acute MI.
    Subgroup analyses suggest that all age groups analyzed benefited 
from aspirin. There were 1 percent fewer vascular deaths recorded for 
3,870 subjects under 60 years of age who received aspirin than for 
3,850 subjects who received oral placebo (18 percent relative risk 
reduction). In subjects 60 to 69 years old, 3.1 percent fewer vascular 
deaths were recorded for 2,999 subjects who received aspirin than for 
3,057 subjects who received placebo (22 percent relative risk 
reduction). Subjects over 70 years old (1,718 on aspirin versus 1,693 
on placebo) appeared to have the greatest (4.7 percent) absolute 
reduction in vascular death. The relative risk reduction in subjects 
over 70 years old was 21 percent for those who received aspirin.--
    However, the agency agrees with the investigators' conclusion that 
more weight should be placed on the overall results than on any 
particular subgroup of people. The agency has determined that the 
evidence is insufficient at present to validate efficacy results in 
particular subsets of patients with suspected acute MI.
    The principal entry criterion for subjects in the ISIS-2 study was 
that the responsible physician suspected acute MI based on clinical 
presentation. The protocol did not require that MI be documented in 
those entering the study. The agency notes that the only preliminary 
indications of an MI are chest pain and changes in the ECG. The report 
did not indicate how many of the subjects actually had an acute MI. In 
a retrospective analysis, about 98 percent of the subjects admitted to 
the study had some ECG abnormality.
    Aspirin produced similar-sized reductions in vascular mortality 
among subjects treated early and treated late after the onset of 
symptoms (odds reductions at 0 to 4, 5 to 12, and 13 to 24 hours were 
25 percent, 21 percent, and 21 percent, respectively). The effects of 
streptokinase appeared to be greatest among those treated earliest. 
When comparing subjects who received both aspirin and streptokinase to 
subjects who received double placebo, the odds of death were more 
reduced among those subjects randomized 0 to 4 hours (53 percent odds 
reduction; 2p < 0.00001) after the onset of pain than those randomized 
later: 5 to 12 hours (32 percent odds reduction; 2p < 0.0001), and 13 
to 24 hours (38 percent odds reduction; 2p < 0.01).
    The aspirin regimen was well tolerated. There was no difference in 
the incidence of major bleeding (bleeds requiring transfusion) between 
the two groups (0.4 percent for aspirin; 0.4 percent for placebo). 
There was a small but statistically significant 0.6 percent (SD = 0.2, 
2p < 0.01) increase in minor bleeding in people taking aspirin compared 
to placebo (2.5 versus 1.9

[[Page 30005]]

percent). No other significant adverse effects were reported. Although 
there were five confirmed cerebral hemorrhages in the aspirin group 
compared with two in the placebo group, this difference was not 
statistically significant. As discussed above, the incidence of stroke 
of any cause was lower in subjects taking aspirin when compared to 
those on oral placebo (47 versus 81), a 0.4 percent absolute reduction 
and a 41.5 percent reduction in odds of stroke (2p < 0.01) in subjects 
taking aspirin.
    The second study (Ref. 4) was a study of low dose aspirin (75 mg 
daily) and intravenous heparin in 945 men with unstable coronary artery 
disease, defined as non-Q-wave MI or increasing angina within the 
previous 4 weeks associated with ischemia (deficiency of oxygen supply 
to the heart muscle, due to the constriction or obstruction of a blood 
vessel) in a resting ECG or during a predischarge exercise test. The 
subjects were randomized within 72 hours after admission to coronary 
care units to receive bolus intravenous injections of heparin (10,000 
units 4 times a day for 1 day and 7,500 units 4 times a day for 4 
additional days) or placebo (saline) for 5 days, and oral aspirin (75 
mg daily) or placebo for 1 year. The study was stopped early after 
publication of the ISIS-2 study. As a result, the minimum period of 
randomized treatment was reduced to 3 months. A detailed report of this 
study has not been submitted to the agency for review.
    One hundred and forty-nine subjects were excluded from the study 
(115 with no evidence of myocardial ischemia after an exercise test, 
and 34 with an anterior Q-wave MI before recruitment). The remaining 
796 subjects were randomized to either double placebo (199), heparin 
and aspirin (210), aspirin and placebo (189), or heparin and placebo 
(198).
    The combined rate of MI or death in subjects on aspirin (aspirin 
with placebo and aspirin with heparin) was 9.1 percent and 10.6 percent 
lower at 1 and 3 months, respectively, than the combined rate for 
subjects receiving placebo (double placebo or placebo with heparin), a 
risk reduction of 68 percent at 1 month (p = 0.0001) and 62 percent at 
3 months (p = 0.0001). Heparin alone did not appear to affect the rate 
of death or MI. However, the combination of heparin and aspirin was the 
only regimen that significantly reduced the risk of MI during the first 
5 days in the hospital. Thus, the authors suggested that reduction of 
events in the aspirin treated group may have been influenced by initial 
simultaneous treatment with heparin.
    A few side effects were reported with the daily aspirin dose used 
in this study, although details were not provided. Hematological side 
effects were reported to be rare and minor. Gastrointestinal side 
effects were similar in the aspirin and placebo groups at 1 month, but 
were more frequent with aspirin (5.2 percent to 6.5 percent) than with 
placebo (0.7 percent to 1.9 percent) at 3 months.
    This study primarily involved the use of aspirin in subjects with 
unstable angina. The agency has already accepted the benefits of 
aspirin in unstable angina and has included that indication in 
Sec. 343.80(c).
    The third study (Ref. 5) compared the effect of aspirin (100 mg 
daily) to placebo for 3 months on infarct size, death, reinfarction, 
unstable angina, and revascularization in 100 subjects with early 
symptoms of first anterior wall acute MI. All subjects also received 
subcutaneous heparin until they were mobilized. In addition, those 
subjects who were less than 70 years of age and had symptoms for less 
than 4 hours when recruited (24 subjects on aspirin and 26 subjects on 
placebo) also received thrombolysis therapy (intravenous 
streptokinase). The study was randomized for aspirin but not for 
thrombolysis.
    The primary endpoint was infarct size in the first 72 hours. The 
size of the infarct was determined by the cumulative release of serum 
lactate dehydrogenase (LDH) in the first 72 hours. Secondary endpoints 
were death, reinfarction, unstable angina, and revascularization. The 
results showed a 10 percent difference in infarct size (1,431 
 782 versus 1,592  1,082 LDH units per liter) 
for the aspirin versus placebo group. This difference was not 
statistically significant (p = 0.35). Of the secondary endpoints 
evaluated, only reinfarction was significantly lower in the aspirin 
than the placebo group (4 percent versus 18 percent, p < 0.03) at 3 
months. Mortality rate was 20 percent in subjects given aspirin 
compared to 24 percent in those given placebo. This difference was not 
statistically significant (p = 0.65).
    The significant reduction in incidence of reinfarction in this 
study is surprising because of the small size of the study and may 
depend on an atypical incidence of reinfarction in the control group 
(18 percent at 3 months). This was much higher than in the control 
group of the ISIS-2 study (approximately 3 percent at 35 days). 
Followup for this third study was longer than for the ISIS-2 study (3 
months versus 35 days). Only subjects with early signs of first 
anterior wall infarction were eligible for entry in the third study, 
while in the ISIS-2 study subjects with only ``suspected acute MI'' 
were eligible. The more stringent entry criteria and the longer 
followup period may account for the higher incidence of reinfarction in 
the control group and the significant effect of aspirin on reinfarction 
in the third study. A detailed report of this study was not submitted 
to the agency. Based on the information provided, this study provides 
little additional evidence of the effectiveness of aspirin in treating 
acute MI.
    The fourth study (Ref. 6) was an uncontrolled study to evaluate 
infarct vessel patency in subjects started on both aspirin (325 mg/day) 
and dipyridamole (75 mg/day) after thrombolytic therapy with 
streptokinase. In the absence of a control group, the study cannot 
provide any information on the effectiveness of aspirin in treating 
acute MI.
    The second petition (Ref. 2) also requested the agency to approve 
professional labeling for aspirin for prevention of fatal and nonfatal 
cardiovascular events in patients with suspected acute MI. The petition 
requested approval of an initial dose of ``at least 162 mg aspirin'' 
during the 24 hours following acute MI, with continued treatment for at 
least the subsequent 30-day followup period at the minimum dose of 162 
mg/day. The petition relied primarily on the results of ISIS-2 (Ref. 3) 
to support the labeling claim. Data from that study are summarized 
above.
    In addition to ISIS-2, the petition included results of four 
published efficacy studies of aspirin in acute MI (Refs. 5, 7, 8, and 
9). The study by Verheugt et al. (Ref. 5) was also submitted in the 
first petition and is discussed above.
    In the ISIS-2 pilot study (Ref. 7), there was a nonsignificant 
reduction in nonfatal reinfarction in 313 subjects who received 325 mg 
aspirin on alternate days compared with 306 subjects who received 
placebo. In-hospital death (all causes) was reported to be 
significantly lower in the aspirin-treated group. Postdischarge death 
was reported at a similar rate in both the aspirin and placebo 
subjects.
    Elwood and Williams (Ref. 8) found no evidence of reduced mortality 
in males or females evaluated up to 28 days after a single 300 mg dose 
of aspirin. Aspirin or placebo was administered to 2,530 subjects, upon 
first suspicion of acute MI. Analysis was

[[Page 30006]]

confined to 1,705 subjects in whom acute MI was subsequently confirmed.
    Husted et al. (Ref. 9) compared aspirin 100 mg/day, aspirin 1,000 
mg/day, and placebo in 293 subjects with suspected acute MI. An intent-
to-treat analysis showed no significant difference between groups. A 
significant benefit of 100 mg/day (but not 1,000 mg/day) on the 
combined incidence of cardiac death and nonfatal MI was found when 
subjects who withdrew from the study were excluded from the analysis. 
No conclusions were drawn as to the reasons for the difference in 
effect between a 100 mg and 1,000 mg daily dose.
    The agency received additional comments that raised other issues 
related to professional labeling of aspirin for cardiovascular use. 
Those issues will be addressed in a future issue of the Federal 
Register.

B. Summary of the Agency's Evaluation

    The agency has determined that the ISIS-2 study (Ref. 3) supports 
the use of aspirin at a dose of 162.5 mg/day, started as soon as 
possible after an infarction and continued for at least 30 days to 
reduce the risk of fatal and nonfatal cardiovascular and 
cerebrovascular events in subjects with a suspected acute MI. The study 
also shows that the effect of aspirin is not diminished with 
concomitant early treatment with a thrombolytic (i.e., an immediate 1-
hour, single-dose, infusion of 1.5 million units of streptokinase). 
Aspirin treatment should be started as soon as the physician suspects 
an MI, rather than delaying treatment until definitive testing can be 
done. A significant benefit of aspirin in reducing the risk of vascular 
death was seen in ISIS-2 for aspirin alone compared to placebo as well 
as for aspirin plus streptokinase compared to streptokinase alone, 
representing, in effect, two separate studies showing a benefit of 
aspirin. This internal replication supports the indication for 
treatment of acute MI. The large number of investigators involved in 
the study and the consistency of results among countries lend further 
credibility to the results of this single study.-
    The benefit of aspirin is evident for both all-cause mortality and 
vascular mortality for aspirin alone and for aspirin in addition to 
early thrombolytic treatment. Although the most important effect of 
aspirin in acute MI is the reduction in mortality, small, but 
statistically significant, decreases in nonfatal reinfarction and 
stroke were also found. Overall, the other studies included in the 
petitions are consistent with a favorable effect of aspirin in the 
acute and subacute MI setting, but do not provide substantial support 
for ISIS-2. While the dosage in the ISIS-2 study was 162.5 mg enteric-
coated aspirin daily, the agency believes one-half of a conventional 
325-mg tablet or two 80- or 81-mg tablets are also reasonable doses 
(i.e., a range of 160 to 162.5 mg).
    In the 1988 TFM (53 FR 46204 at 46229 and 46231), the agency 
proposed (in Sec. 343.20(b)(3)) that aspirin, buffered aspirin, and 
aspirin in combination with antacids are effective to treat patients 
with TIA, a previous MI, or unstable angina pectoris. That proposal was 
based on recommendations of the Peripheral and Central Nervous System 
Drugs Advisory Committee, the agency's review of data submitted to show 
that buffered aspirin would be expected to have similar effects, and on 
the data from an unstable angina trial that used a highly buffered 
aspirin solution. Based on those data, the agency is proposing that 
aspirin, buffered aspirin, or aspirin in combination with an antacid 
may be used to treat patients with a suspected acute MI. After the 30-
day recommended treatment with aspirin for acute MI, physicians should 
consider further therapy based on the labeling for dosage and 
administration of aspirin for prevention of recurrent MI 
(reinfarction).
    Based on the above discussion, the agency is now proposing several 
changes in the professional labeling proposed in Sec. 343.80(c) for OTC 
drug products containing aspirin proposed in Sec. 343.10(b) or 
permitted combinations proposed in Sec. 343.20(b)(3) as follows: (1) 
Add information for treatment of a suspected acute MI, and (2) revise 
some of the previously proposed text based on additional information 
from the ISIS-2 study (Ref. 8).

III. Summary of Agency Changes

    In summary, the agency is proposing to add the following to the 
professional labeling in Sec. 343.80(c): An indication for aspirin to 
reduce the risk of vascular mortality in patients with a suspected 
acute MI; the findings of the ISIS-2 study under ``Clinical Trials;'' a 
dosage of 160 to 162.5 mg for a suspected acute MI taken as soon as the 
infarct is suspected and then daily for at least 30 days; and a 
statement that this use of aspirin applies to both solid, oral dosage 
forms and buffered aspirin in solution.
    To add the findings of the ISIS-2 study and to improve readability, 
the agency is also proposing the following: Change the heading from 
``Indication'' to ``Indications;'' add the subheadings, ``Recurrent MI 
(Reinfarction) or Unstable Angina Pectoris'' and ``Suspected Acute 
MI,'' under the headings ``Indications,'' ``Clinical Trials,'' and 
``Dosage and Administration;'' revise the text under ``Gastrointestinal 
Reactions'' and change from 300 mg aspirin to 160 mg aspirin daily the 
dosage level at which subjects should have biochemical measurements 
assessed; add a subheading, ``Bleeding,'' under the heading ``Adverse 
Reactions'' (after ``Gastrointestinal Reactions''); renumber existing 
reference (8) as reference (9); and add a new reference (8).

IV. References

    The following references are on display in the Dockets Management 
Branch (address above) and may be seen by interested persons between 9 
a.m. and 4 p.m., Monday through Friday.
    (1) Comment No. CP9, Docket No. 77N-0094, Dockets Management 
Branch.
    (2) Comment No. CP10, Docket No 77N-0094, Dockets Management 
Branch.
    (3) ISIS-2 (Second International Study of Infarct Survival) 
Collaborative Group, ``Randomized Trial of Intravenous 
Streptokinase, Oral Aspirin, Both, or Neither Among 17,187 Cases of 
Suspected Acute Myocardial Infarction: ISIS--2,'' Lancet, 2:349-360, 
1988.
    (4) RISC Group, ``Risk of Myocardial Infarction and Death During 
Treatment with Low Dose Aspirin and Intravenous Heparin in Men with 
Unstable Coronary Artery Disease,'' Lancet, 336:827-830, 1990.
    (5)- Verheugt, F. W. et al., ``Effects of Early Intervention 
with Low-dose Aspirin (100 mg) on Infarct Size, Reinfarction and 
Mortality in Anterior Wall Acute Myocardial Infarction,'' American 
Journal of Cardiology, 66:267-270, 1990.
    (6)- Hays, L. J. et al., ``Short-term Infarct Vessel Patency 
with Aspirin and Dipyridamole Started 24 to 36 Hours After 
Intravenous Streptokinase,'' American Heart Journal, 115:717-721, 
1988.
    (7) ISIS Pilot Study Investigators, ``Randomized Factorial Trial 
of High-Dose Intravenous Streptokinase, of Oral Aspirin and of 
Intravenous Heparin in Acute Myocardial Infarction,'' European Heart 
Journal, 8:634-642, 1987.
    (8) Elwood, P. C., and W. O. Williams, ``A Randomized Controlled 
Trial of Aspirin in the Prevention of Early Mortality in Myocardial 
Infarction,'' Journal of the Royal College of General Practitioners, 
29:413-416, 1979.
    (9) Husted, S. E. et al., ``Acetylsalicylic Acid 100 mg and 
1,000 mg Daily in Acute Myocardial Infarction Suspects: A Placebo-
Controlled Trial,'' Journal of Internal Medicine, 226:303-310, 1989.

V. Enforcement Policy

    The agency is allowing the proposed professional labeling to be 
used prior to the completion of a final rule for OTC internal 
analgesic, antipyretic, and antirheumatic drug products. This decision 
is based on the substantial data

[[Page 30007]]

supporting the safety and effectiveness of aspirin for suspected acute 
MI and on the importance of early dissemination of this information to 
health professionals. Manufacturers who disseminate this information 
must use the exact professional labeling set forth in this proposal. 
Such labeling may be disseminated pending issuance of a final rule, 
subject to the risk that the agency may, in the final rule, adopt a 
different position that could require relabeling, recall, or other 
regulatory action. Those manufacturers who do not wish to revise the 
professional labeling in accordance with this proposal may continue to 
disseminate the labeling proposed in the 1988 TFM (53 FR 46204 at 46258 
through 46260) until a final rule becomes effective. Dissemination of 
professional labeling that is not in accord with the labeling in the 
1988 TFM or with this proposed amendment to the 1988 TFM may result in 
regulatory action against the product, the marketer, or both.

VI. Analysis of Impacts

    FDA has examined the impacts of the proposed rule under Executive 
Order 12866 and the Regulatory Flexibility Act (Pub. L. 96-354). 
Executive Order 12866 directs agencies to assess all costs and benefits 
of available regulatory alternatives and, when regulation is necessary, 
to select regulatory approaches that maximize net benefits (including 
potential economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity). The agency believes that 
this proposed rule is consistent with the regulatory philosophy and 
principles identified in the Executive Order. In addition, the proposed 
rule is not a significant regulatory action as defined by the Executive 
Order and so is not subject to review under the Executive Order.
    The Regulatory Flexibility Act requires agencies to analyze 
regulatory options that would minimize any significant impact of a rule 
on small entities. If this proposed rule becomes a final rule, direct 
one-time costs associated with changing professional labeling will be 
imposed. That cost is estimated to be less than $1 million. Also, there 
appears to be a limited number of aspirin products involved because 
many manufacturers of these products do not distribute professional 
labeling for their products. Manufacturers who do distribute such 
professional labeling will have an additional claim to make for their 
product(s) and will have 1 year after publication of the final rule to 
implement this relabeling. Accordingly, the agency certifies that the 
proposed rule will not have a significant economic impact on a 
substantial number of small entities. Therefore, under the Regulatory 
Flexibility Act, no further analysis is required.
    The agency invites public comment regarding any substantial or 
significant economic impact that this rulemaking would have on the 
professional labeling of OTC internal analgesic, antipyretic, and 
antirheumatic drug products that contain aspirin, buffered aspirin, or 
aspirin in combination with antacid. Types of impact may include, but 
are not limited to, costs associated with relabeling. Comments 
regarding the impact of this rulemaking on these OTC drug products 
should be accompanied by appropriate documentation. The agency will 
evaluate any comments and supporting data that are received and will 
reassess the economic impact of this rulemaking in the preamble to the 
final rule.

VII. Paperwork Reduction Act of 1995

    FDA tentatively concludes that the labeling requirements proposed 
in this document are not subject to review by the Office of Management 
and Budget because they do not constitute a ``collection of 
information'' under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.). Rather, the proposed labeling statements are a ``public 
disclosure of information originally supplied by the Federal Government 
to the recipient for the purpose of disclosure to the public'' (5 CFR 
1320.3(c)(2)).

VIII. Environmental Impact

    The agency has determined under 21 CFR 25.24(c)(6) that this action 
is of a type that does not individually or cumulatively have a 
significant effect on the human environment. Therefore, neither an 
environmental assessment nor an environmental impact statement is 
required.

IX. Request for Comments

    Interested persons may, on or before September 11, 1996, submit to 
the Dockets Management Branch (address above) written comments 
regarding this proposal. Written comments on the agency's economic 
impact determination may be submitted on or before September 11, 1996. 
Three copies of all comments are to be submitted, except that 
individuals may submit one copy. Comments are to be identified with the 
docket number found in brackets in the heading of this document and may 
be accompanied by a supporting memorandum or brief. Received comments 
may be seen in the office above between 9 a.m. and 4 p.m., Monday 
through Friday.

List of Subjects in 21 CFR Part 343

    Labeling, Over-the-counter drugs.
    Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
authority delegated to the Commissioner of Food and Drugs, it is 
proposed that 21 CFR part 343 (proposed in the Federal Register of 
November 16, 1988, 53 FR 46204) be amended as follows:

PART 343--INTERNAL ANALGESIC, ANTIPYRETIC, AND ANTIRHEUMATIC DRUG 
PRODUCTS FOR OVER-THE-COUNTER HUMAN USE

    1. The authority citation for 21 CFR part 343 continues to read as 
follows:

    -Authority: Secs. 201, 501, 502, 503, 505, 510, 701 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321, 351, 352, 353, 
355, 360, 371).

    2. Section 343.80 is amended by revising paragraph (c) to read as 
follows:

Sec. 343.80  Professional labeling.

 * * * * *-
    (c)  For products containing aspirin identified in Sec. 343.10(b) 
or permitted combinations identified in Sec. 343.20(b)(3). The labeling 
states, under the heading ``ASPIRIN FOR MYOCARDIAL INFARCTION,'' the 
following:
Indications:
Recurrent Myocardial Infarction (MI) (Reinfarction) or Unstable 
Angina Pectoris
    Aspirin is indicated to reduce the risk of death and/or nonfatal 
MI in patients with a previous MI or unstable angina pectoris.
Suspected Acute MI
    Aspirin is indicated to reduce the risk of vascular mortality in 
patients with a suspected acute MI.
Clinical Trials:
Recurrent MI (Reinfarction) and Unstable Angina Pectoris
    The indication is supported by the results of six large, 
randomized multicenter, placebo-controlled studies involving 10,816, 
predominantly male, post-MI subjects and one randomized placebo-
controlled study of 1,266 men with unstable angina (1-7). Therapy 
with aspirin was begun at intervals after the onset of acute MI 
varying from less than 3 days to more than 5 years and continued for 
periods of from less than 1 year to 4 years. In the unstable angina 
study, treatment was started within 1 month after the onset of 
unstable angina and continued for 12 weeks, and patients with 
complicating conditions such as congestive heart failure were not 
included in the study.
    Aspirin therapy in MI subjects was associated with about a 20-
percent reduction in the risk of subsequent death and/or nonfatal 
reinfarction, a median absolute decrease of 3 percent from the 12- 
to 22-percent event rates in the placebo groups. In aspirin-treated 
unstable angina patients the reduction in risk was about 50 percent, 
a

[[Page 30008]]

reduction in the event rate of 5-percent from the 10-percent rate in 
the placebo group over the 12-weeks of the study.
     Daily dosage of aspirin in the post-MI studies was 300 
milligrams in one study and 900 to 1,500 milligrams in five studies. 
A dose of 325 milligrams was used in the study of unstable angina.
Suspected Acute MI
    The use of aspirin in patients with a suspected acute MI is 
supported by the results of a large, multicenter 2 x 2 factorial 
study of 17,187 subjects with suspected acute MI (8). Subjects were 
randomized within 24 hours of the onset of symptoms so that 8,587 
subjects received oral aspirin (162.5 milligrams, enteric-coated) 
daily for 1 month (the first dose crushed, sucked, or chewed) and 
8,600 received oral placebo. Of the subjects, 8,592 were also 
randomized to receive a single dose of streptokinase (1.5 million 
units) infused intravenously for about 1 hour, and 8,595 received a 
placebo infusion. Thus, 4,295 subjects received aspirin plus 
placebo, 4,300 received streptokinase plus placebo, 4,292 received 
aspirin plus streptokinase, and 4,300 received double placebo.
    Vascular mortality (attributed to cardiac, cerebral, 
hemorrhagic, other vascular, or unknown causes) occurred in 9.4 
percent of the subjects in the aspirin group and in 11.8 percent of 
the subjects in the oral placebo group in the 35-day followup. This 
represents an absolute reduction of 2.4 percent in the mean 35-day 
vascular mortality attributable to aspirin and a 23-percent 
reduction in the odds of vascular death (2p < 0.00001).
    Significant absolute reductions in mortality and corresponding 
reductions in specific clinical events favoring aspirin were found 
for reinfarction (1.5 percent absolute reduction, 45 percent odds 
reduction, 2p < 0.00001), cardiac arrest (1.2 percent absolute 
reduction, 14.2 percent odds reduction, 2p < 0.01), and total stroke 
(0.4 percent absolute reduction, 41.5 percent odds reduction, 2p < 
0.01). The effect of aspirin over and above its effect on mortality 
was evidenced by small, but significant, reductions in vascular 
morbidity in those subjects who were discharged.
    The beneficial effects of aspirin on mortality were present with 
or without streptokinase infusion. Aspirin reduced vascular 
mortality from 10.4 to 8.0 percent for days 0 to 35 in subjects 
given streptokinase and reduced vascular mortality from 13.2 to 10.7 
percent in subjects given no streptokinase.
    The effects of aspirin and thrombolytic therapy with 
streptokinase in this study were approximately additive. Subjects 
who received the combination of streptokinase infusion and daily 
aspirin had significantly lower vascular mortality at 35 days than 
those who received either active treatment alone (combination 8.0 
percent, aspirin 10.7 percent, streptokinase 10.4 percent, and no 
treatment 13.2 percent). While this study demonstrated that aspirin 
has an additive benefit in patients given streptokinase, there is no 
reason to restrict its use to that specific thrombolytic.
Adverse Reactions:
Gastrointestinal Reactions
    Doses of 1,000 milligrams per day of aspirin caused 
gastrointestinal symptoms and bleeding that in some cases were 
clinically significant. In the Aspirin Myocardial Infarction Study 
(AMIS) (4) with 4,500 post-infarction subjects, the percentage 
incidences of gastrointestinal symptoms for the aspirin (1,000 
milligrams of a standard, solid-tablet formulation) and placebo-
treated subjects, respectively, were: Stomach pain (14.5 percent, 
4.4 percent); heartburn (11.9 percent, 4.8 percent); nausea and/or 
vomiting (7.6 percent, 2.1 percent); hospitalization for 
gastrointestinal disorder (4.8 percent, 3.5 percent). Symptoms and 
signs of gastrointestinal irritation were not significantly 
increased in subjects treated for unstable angina with 325 
milligrams buffered aspirin in solution.
Bleeding
    In the AMIS and other trials, aspirin-treated subjects had 
increased rates of gross gastrointestinal bleeding. In the ISIS-2 
study (8), there was no significant difference in the incidence of 
major bleeding (bleeds requiring transfusion) between 8,587 subjects 
taking 162.5 milligrams aspirin daily and 8,600 subjects taking 
placebo (31 versus 33 subjects). There were five confirmed cerebral 
hemorrhages in the aspirin group compared with two in the placebo 
group, but the incidence of stroke of all causes was significantly 
reduced from 81 to 47 for the placebo versus aspirin group (0.4 
percent absolute change). There was a small and statistically 
significant excess (0.6 percent) of minor bleeding in people taking 
aspirin (2.5 percent for aspirin, 1.9 percent for placebo). No other 
significant adverse effects were reported.-
    (Other applicable warnings related to the use of aspirin as 
described in Sec. 343.50(c) may also be included here.)
Cardiovascular and Biochemical
    In the AMIS trial (4), the dosage of 1,000 milligrams per day of 
aspirin was associated with small increases in systolic blood 
pressure (BP) (average 1.5 to 2.1 millimeters Hg) and diastolic BP 
(0.5 to 0.6 millimeters Hg), depending upon whether maximal or last 
available readings were used. Blood urea nitrogen and uric acid 
levels were also increased, but by less than 1.0 milligram percent.
    Subjects with marked hypertension or renal insufficiency had 
been excluded from the trial so that the clinical importance of 
these observations for such subjects or for any subjects treated 
over more prolonged periods is not known. It is recommended that 
patients placed on long-term aspirin treatment, even at doses of 160 
milligrams per day, be seen at regular intervals to assess changes 
in these measurements.
Sodium in Buffered Aspirin for Solution Formulations:
    One tablet daily of buffered aspirin in solution adds 553 
milligrams of sodium to that in the diet and may not be tolerated by 
patients with active sodium-retaining states such as congestive 
heart or renal failure. This amount of sodium adds about 30 percent 
to the 70- to 90-milliequivalent intake suggested as appropriate for 
dietary treatment of essential hypertension in the ``1984 Report of 
the Joint National Committee on Detection, Evaluation, and Treatment 
of High Blood Pressure'' (9).
Dosage and Administration:
Recurrent MI (Reinfarction) and Unstable Angina Pectoris
    Although most of the studies used dosages exceeding 300 
milligrams, two trials used only 300 milligrams, and pharmacologic 
data indicate that this dose inhibits platelet function fully. 
Therefore, 300 milligrams or a conventional 325 milligram aspirin 
dose is a reasonable, routine dose that would minimize 
gastrointestinal adverse reactions. This use of aspirin applies to 
both solid, oral dosage forms (buffered and plain aspirin) and 
buffered aspirin in solution.
Suspected Acute MI
    The recommended dose of aspirin to treat suspected acute MI is 
160 to 162.5 milligrams taken as soon as the infarct is suspected 
and then daily for at least 30 days. (One-half of a conventional 
325-milligram aspirin tablet or two 80- or 81-milligram aspirin 
tablets may be taken.) This use of aspirin applies to both solid, 
oral dosage forms (buffered, plain, and enteric-coated aspirin) and 
buffered aspirin in solution. If using a solid dosage form, the 
first dose should be crushed, sucked, or chewed. After the 30-day 
treatment, physicians should consider further therapy based on the 
labeling for dosage and administration of aspirin for prevention of 
recurrent MI (reinfarction).
    (1) Elwood, P. C. et al., ``A Randomized Controlled Trial of 
Acetylsalicylic Acid in the Secondary Prevention of Mortality from 
Myocardial Infarction,'' British Medical Journal, 1:436-440, 1974.
    (2) The Coronary Drug Project Research Group, ``Aspirin in 
Coronary Heart Disease,'' Journal of Chronic Diseases, 29:625-642, 
1976.
    (3) Breddin, K. et al., ``Secondary Prevention of Myocardial 
Infarction: A Comparison of Acetylsalicylic Acid, Phenprocoumon or 
Placebo,'' Homeostasis, 470:263-268, 1979.
    (4) Aspirin Myocardial Infarction Study Research Group, ``A 
Randomized, Controlled Trial of Aspirin in Persons Recovered from 
Myocardial Infarction,'' Journal of the American Medical 
Association, 243:661-669, 1980.
    (5) Elwood, P. C., and P. M. Sweetnam, ``Aspirin and Secondary 
Mortality After Myocardial Infarction,'' Lancet, II:1313-1315, 
December 22-29, 1979.
    (6) The Persantine-Aspirin Reinfarction Study Research Group, 
``Persantine and Aspirin in Coronary Heart Disease,'' Circulation, 
62:449-461, 1980.
    (7) Lewis, H. D. et al., ``Protective Effects of Aspirin Against 
Acute Myocardial Infarction and Death in Men with Unstable Angina, 
Results of a Veterans Administration Cooperative Study,'' New 
England Journal of Medicine, 309:396-403, 1983.
    (8) ISIS-2 (Second International Study of Infarct Survival) 
Collaborative Group, ``Randomized Trial of Intravenous 
Streptokinase, Oral Aspirin, Both, or Neither Among 17,187 Cases of 
Suspected Acute Myocardial Infarction: ISIS-2,'' Lancet, 2:349-360, 
August 13, 1988.

[[Page 30009]]

    (9) ``1984 Report of the Joint National Committee on Detection, 
Evaluation, and Treatment of High Blood Pressure,'' United States 
Department of Health and Human Services and United States Public 
Health Service, National Institutes of Health, Publication No. NIH 
84-1088, 1984.

    Dated: June 5, 1996.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 96-14894 Filed 6-12-96; 8:45 am]
BILLING CODE 4160-01-F

Complete official Federal Register PDF

FR Doc. 96-14860 Production of Volatile Fruit-Flavor Concentrate (95R-026P)
[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Pages 30017-30018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14860]

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

DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 18

[Notice No. 823]
RIN 1512-AB59

Production of Volatile Fruit-Flavor Concentrate (95R-026P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of 
the Treasury.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: Pursuant to the President's regulatory reform initiative, the 
Bureau of Alcohol, Tobacco and Firearms (ATF) is proposing to amend the 
regulations in 27 CFR Part 18. The proposed amendment would 
specifically authorize the transfer of volatile fruit-flavor 
concentrate (VFFC) unfit for beverage use from one VFFC plant to 
another for further processing. The proposed amendment would clarify 
the regulations in order to allow greater flexibility in the production 
processes of VFFC plants.

DATES: Written comments must be received on or before August 12, 1996.

ADDRESSES: Submit written comments to: Chief, Wine, Beer, and Spirits 
Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, P.O. Box 
50221, Washington, DC 20091-0221. ATTN: Notice No. 823.

FOR FURTHER INFORMATION CONTACT: Mary A. Wood, Wine, Beer, and Spirits 
Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, 650 
Massachusetts Avenue NW.ca a13jn2.071, Washington, DC 20226; (202) 927-
8210.

SUPPLEMENTARY INFORMATION:

Background

    On February 21, 1995, President Clinton announced a regulatory 
reform initiative. As part of this initiative, each Federal agency was 
instructed to conduct a page by page review of all agency regulations 
to identify those which are obsolete or burdensome and those whose 
goals could be better achieved through the private sector, self-
regulation or state and local governments. In cases where the agency's 
review disclosed regulations which should be revised or eliminated, the 
agency would, as soon as possible, propose administrative changes to 
its regulations.
    The page by page review of all regulations was completed as 
directed by the President. In addition, on April 13, 1995, the Bureau 
published Notice No. 809 (60 FR 18783) in the Federal Register 
requesting comments from the public regarding which ATF regulations 
could be improved or eliminated. No comments were received regarding 27 
CFR part 18, Production of Volatile Fruit-Flavor Concentrate; however, 
ATF is proposing a clarifying amendment to this part based on a 
variance request received from a volatile fruit-flavor concentrate 
(VFCC) producer.
    The Internal Revenue Code of 1986, 26 U.S.C. 5511, authorizes the 
manufacture of volatile fruit-flavor concentrate by any process which 
includes evaporations from the mash or juice of any fruit. Section 5511 
also places certain restrictions on the manufacture of volatile fruit-
flavor concentrate. Pursuant to section 5511(1), the concentrate, and 
the mash or juice from which it is produced, must contain no more 
alcohol than is reasonably unavoidable in the manufacture of such 
concentrate. Section 5511(2) provides that the concentrate must be 
rendered unfit for use as a beverage before removal from the place of 
manufacture; however, concentrate which is fit for beverage use and 
which does not exceed 24 percent alcohol by volume may be transferred 
to a bonded wine cellar for use in production of natural wine. Finally, 
section 5511(3) authorizes the Secretary to prescribe such regulations 
as are necessary for the protection of the revenue regarding 
applications, records, reports, bonds, and other requirements with 
respect to the production, removal, sale, transportation, and use of 
concentrate and the mash or juice from which the concentrate is 
produced.
    Volatile fruit-flavor concentrate which is produced in accordance 
with the requirements of the regulations is not subject to the 
distilled spirits or wine excise tax. However, section 5001(a)(6) 
provides for the imposition of tax on any volatile fruit-flavor 
concentrate (or any fruit mash or juice from which such concentrate is 
produced) containing one-half of 1 percent or more of alcohol by 
volume, which is manufactured free from tax under section 5511, and is 
then sold, transported, or used by any person in violation of Chapter 
51 or the regulations promulgated thereunder.

Proposed Amendment

    The current regulations in 27 CFR 18.54(a) allow the transfer of 
volatile fruit-flavor concentrate (``concentrate'') which is unfit for 
beverage use for any purpose authorized by law. However, ATF recently 
received a request from a VFFC producer as to whether a concentrate 
unfit for beverage use could be transferred from one VFFC plant to 
another for further processing. Apparently it was more cost-effective 
for the second VFFC plant to conduct the processing operation at issue. 
While the transfer of the concentrate was clearly authorized by current 
regulations, since the concentrate was unfit for beverage use, there 
was nothing in the current regulations which specifically authorized 
the second VFFC plant to receive concentrate for further processing.
    The existing regulations in section 18.51 allow proprietors to 
receive processing material which is produced elsewhere, subject to 
certain restrictions

[[Page 30018]]

and recordkeeping requirements. However, the term ``processing 
material'' is defined in section 18.11 to mean ``[t]he fruit mash or 
juice from which concentrate is produced.'' This definition does not 
include concentrate intended for further processing. The regulations in 
section 18.56 authorize a VFFC producer to accept the return of a 
shipment of concentrate shipped by it, and provide recordkeeping and 
reporting requirements regarding the returned concentrate. However, 
these regulations do not specifically authorize the proprietor to 
accept concentrate from another proprietor for further processing.
    In response to the request from the VFFC producer, ATF determined 
that nothing in the Internal Revenue Code or existing regulations 
precludes one VFFC proprietor from accepting concentrate from another 
VFFC proprietor for further processing. However, since the existing 
regulations do not specifically authorize such an operation, ATF is 
proposing to amend section 18.56 to specifically allow a proprietor to 
accept concentrate which is unfit for beverage use for further 
processing. Such concentrate will be subject to the existing 
recordkeeping and reporting requirements for concentrate which is 
returned to the proprietor. ATF believes that the proposed amendment 
will clarify to VFFC proprietors that the transfer of concentrate from 
one plant to another for further processing is allowed, as long as the 
concentrate meets the definition of a concentrate unfit for beverage 
use at the time it leaves the place of manufacture. This liberalizing 
amendment will allow VFFC proprietors greater flexibility in production 
operations without jeopardizing the revenue in any way.

Other Possible Changes

    ATF also solicits public comment concerning other possible changes 
to the regulations in Part 18, such as amendments which would authorize 
VFFC plants to alternate the use of their premises so as to operate 
temporarily as a distilled spirits plant, bonded winery, or other 
regulated facility. Comments on this proposal, as well as any other 
suggestions, are welcome.

Public Participation

    ATF requests written comments from all interested persons. All 
comments received on or before the closing date will be carefully 
considered. Comments received after that date will be given the same 
consideration if it is practical to do so, but assurance of 
consideration cannot be given except as to comments received on or 
before the closing date.
    ATF will not recognize any material as confidential. Any material 
which the commenter considers to be confidential or inappropriate for 
disclosure should not be included in the comment. The name of the 
person submitting the comment is not exempt from disclosure.
    Any interested person who desires an opportunity to comment orally 
at a public hearing should submit a request, in writing, to the 
Director within the 60-day comment period. The Director, however, 
reserves the right to determine, in light of all circumstances, whether 
a public hearing will be scheduled.
    Written comments will be available for public inspection during 
normal business hours at the following address: ATF Reading Room, 
Office of Public Affairs and Disclosure, Room 6480, 650 Massachusetts 
Avenue, NW, Washington, DC.

Regulatory Flexibility Act

    It is hereby certified that this proposed regulation, if 
implemented as a final rule, will not have a significant economic 
impact on a substantial number of small entities. The proposed 
amendment would liberalize the regulations to add a provision that will 
allow for the transfer of concentrate from one VFFC plant to another 
for further processing. Accordingly, a regulatory flexibility analysis 
is not required because the proposal, if promulgated as a final rule, 
will not have a significant economic impact on a substantial number of 
small entities.
    Pursuant to section 7805(f) of the Internal Revenue Code, this 
proposed regulation has been submitted to the Chief Counsel for 
Advocacy of the Small Business Administration for comment on its impact 
on small business.

Executive Order 12866

    It has been determined that this proposed regulation is not a 
significant regulatory action as defined in Executive Order 12866. 
Accordingly, this proposal is not subject to the analysis required by 
this Executive Order.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, no persons are required 
to respond to a collection of information unless it displays a valid 
OMB control number. The collections of information contained in the 
regulations proposed to be amended by this notice have been previously 
reviewed and approved by the Office of Management and Budget in 
accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 3504(h)) 
under control numbers 1512-0046 and 1512-0098. The proposed amendment 
is not expected to result in any change in the total number of burden 
hours.

    Drafting Information: The principal author of this document is 
Mary A. Wood of the Wine, Beer, and Spirits Regulations Branch, 
Bureau of Alcohol, Tobacco and Firearms.

List of Subjects in 27 CFR Part 18

    Administrative practice and procedure, Authority delegations, 
Excise taxes, Exports, Labeling, Reporting requirements, Security 
measures, Spices and flavorings, Stills, and Surety bonds.

Authority and Issuance

    ATF is proposing to amend Part 18 in Title 27 of the Code of 
Federal Regulations as follows:

PART 18--PRODUCTION OF VOLATILE FRUIT-FLAVOR CONCENTRATE

    Par. 1. The authority citation for Part 18 continues to read as 
follows:

    Authority: 26 U.S.C. 5001, 5172, 5178, 5179, 5203, 5511, 5552, 
6065, 7805; 44 U.S.C. 3504(h).

    Par. 2. Section 18.56 is revised to read as follows:

Sec. 18.56  Receipt of concentrate.

    (a) General. The proprietor of a concentrate plant may accept the 
return of concentrate that it shipped. In addition, concentrate that is 
unfit for beverage use may be received from another concentrate plant 
for further processing in accordance with this part.
    (b) Record of concentrate received. When concentrate is received, 
the proprietor shall record the receipt, including the name of the 
consignor and a notation regarding any loss in transit or other 
discrepancy.
    (c) Report of concentrate received. The quantity of concentrate 
received shall be reported on an unused line on the annual report, ATF 
Form 1695 (5520.2).

(Approved by the Office of Management and Budget under control 
numbers 1512-0046 and 1512-0098).

    Signed: May 20, 1996.
John W. Magaw,
Director.

    Approved: May 24, 1996.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 96-14860 Filed 6-12-96; 8:45 am]
BILLING CODE 4810-31-U

Complete official Federal Register PDF

FR Doc. 96-14859 Labeling of Unaged Grape Brandy (95R-018P)
[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Pages 30015-30017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14859]

[[Page 30015]]

Bureau of Alcohol, Tobacco, and Firearms

27 CFR Part 5

[Notice No. 826]
RIN 1512-AB46

Labeling of Unaged Grape Brandy (95R-018P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of 
the Treasury.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Bureau of Alcohol, Tobacco and Firearms (ATF) is proposing 
to amend the regulations to permit the optional use of the word 
``unaged'', instead of ``immature'', to describe grape brandy which has 
never been stored in oak containers. ATF believes that the proposed 
regulations provide industry members with greater flexibility in 
labeling their unaged grape brandy, while ensuring that the consumer is 
adequately informed as to the identity of the product.
    The proposed amendment is part of the Administration's Reinventing 
Government effort to reduce regulatory burdens and streamline 
requirements.

DATES: Written comments must be received on or before September 11, 
1996.

ADDRESSES: Send written comments to: Chief, Wine, Beer and Spirits 
Regulations Branch; Bureau of Alcohol, Tobacco and Firearms; P.O. Box 
50221; Washington, DC 20091-0221; ATTN: Notice No. 826.

FOR FURTHER INFORMATION CONTACT: James P. Ficaretta, Wine, Beer and 
Spirits Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, 
650 Massachusetts Avenue, NW., Washington, DC 20226 (202-927-8230).

SUPPLEMENTARY INFORMATION:

Background

    Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 
27 U.S.C. 205(e), vests broad authority in the Director of ATF, as a 
delegate of the Secretary of the Treasury, to prescribe regulations 
intended to prevent deception of the consumer, and to provide the 
consumer with adequate information as to the identity and quality of 
the product.
    Regulations which implement the provisions of section 105(e), as 
they relate to distilled spirits, are set forth in Title 27, Code of 
Federal Regulations (CFR), Part 5. Subpart C of Part 5 sets forth the 
standards of identity for distilled spirits for labeling and 
advertising purposes. Section 5.22(d)(1) provides, in part, that 
``fruit brandy'' is brandy distilled solely from the fermented juice or 
mash of whole, sound, ripe fruit, or from standard grape, citrus, or 
other fruit wine. Fruit brandy, derived from grapes, must be designated 
as ``grape brandy'' or ``brandy''. This section further provides that 
in the case of brandy (other than neutral brandy, pomace brandy, marc 
brandy, or grappa brandy) distilled from the fermented juice, mash, or 
wine of grapes, or the residue thereof, which has been stored in oak 
containers (i.e., ``aged'') for less than 2 years, the statement of 
class and type must be immediately preceded, in the same size and kind 
of type, by the word ``immature'' (e.g., ``immature grape brandy'', 
``immature brandy'', ``immature residue brandy''). As a result of this 
section, brandy which has never been aged in oak containers is also 
labeled as ``immature.''

Petition

    ATF has received a petition, dated July 10, 1995, filed on behalf 
of a domestic brandy producer, requesting an amendment of the 
regulations concerning the labeling of grape brandy which has never 
been stored in oak containers. The petitioner wishes to produce and 
market a clear, unaged grape distillate which the petitioner states 
will have distinct varietal characteristics without the influence of 
wood extracts. According to the petitioner, aging such a distillate in 
oak containers for 2 years would remove most, if not all, of the 
varietal character. The petitioner states that an amendment of the 
regulations is needed ``so this style of brandy can be made and labeled 
in a manner that will not cause consumer deception or rejection based 
on the negative use of the word `immature' as now required.'' 
Therefore, the petitioner has requested an amendment of section 
5.22(d)(1) that would add a new sentence that states:

    Grape brandy which has not been aged in wood and does not have 
added coloring may use the statement `unaged' in lieu of `immature'.

Discussion

    The requirement to label grape brandy which has not been stored in 
oak containers for a minimum of 2 years as ``immature'' dates back to 
May 25, 1956, with the publication in the Federal Register of T.D. 6174 
(21 FR 3535). The need for such rulemaking was brought out in the 
December 1, 1955, hearing which preceded T.D. 6174. In his opening 
remarks at that hearing the Director of the Alcohol and Tobacco Tax 
Division, Internal Revenue Service, Department of the Treasury, stated:

    The single proposal contained in the notice has as its objective 
an improvement in the existing quality standards for grape brandy. 
Heretofore no minimum age has been specified for this product, the 
only requirement contained in the regulations with respect to young 
brandy being that an age statement must appear upon the brand label 
of any brandy which has not been aged for at least two years.

    The proposal precluded the use of the unqualified term ``brandy'' 
or ``grape brandy'' on the label of any grape brandy stored in wood 
containers less than 2 years.
    According to a trade association representing the California wine 
and brandy industry, the amendment of the regulations was necessary 
``to advise the consumer more adequately as to the difference between a 
proper standard brandy and a product that is only potentially a brandy 
because of the inadequacy of its age.''
    Several alternative proposals were offered in the Notice of Hearing 
(November 19, 1955; 20 FR 8574) to describe grape brandy not aged a 
minimum of 2 years, including ``young brandy'', ``substandard brandy'', 
and ``immature brandy''. The last designation was adopted in the final 
rule.
    ATF and its predecessor agencies have historically taken the 
position that the material from which a spirit is distilled is the 
determining factor insofar as the designation of the product is 
concerned. Since 1936, with the issuance of the first distilled spirits 
regulations promulgated under the FAA Act, brandy has generally been 
defined in the standards of identity as an alcoholic distillate 
obtained from the fermented juice, mash, or wine of fruit, or from the 
residue thereof, produced in such manner that the distillate possesses 
the taste, aroma, and characteristics generally attributed to the 
product. A newly distilled brandy has a characteristic taste and aroma, 
and aging does not change these basic properties. Although 
traditionally described as harsh, raw, etc., a newly distilled brandy 
still has brandy character. Likewise, a newly distilled brandy will 
have the same congeners (e.g., esters, aldehydes, furfurals, etc.) as 
an aged brandy, although there will be a difference in the amount 
present. Aging in wood generally serves to reduce or remove the harsh, 
burning taste and generally unpleasant character of a brandy distillate 
obtained directly from the still. This results in a smoother tasting 
and less harsh product.

[[Page 30016]]

    Although the material from which the spirits are distilled is the 
determining factor in designating the product, ATF and its predecessors 
have required modifiers on the label to further describe the final 
product. For example, section 5.22(b)(1)(iii) provides that whisky 
which has been aged in oak containers for a minimum of 2 years must be 
further designated as ``straight.'' In the matter at hand, a review of 
the earlier rulemaking record indicates that the designation ``immature 
brandy'' for newly distilled spirits aged less than 2 years in wood 
correctly describes the product, since the record shows that it takes 
at least 2 years of aging to remove the rawness from the brandy.

Proposed Regulatory Amendments

    ATF believes that a distinction should be made in the labeling of 
``mature'' grape brandy, i.e., brandy which has been aged for at least 
2 years, and ``immature'' grape brandy, i.e., brandy which has either 
never been aged or has been aged for some period of time less than 2 
years. These distinctions are necessary, pursuant to the Bureau's 
responsibilities under the FAA Act, to provide the consumer with 
adequate information as to the identity and quality of the product. On 
the other hand, the Bureau believes in reducing the regulatory burden 
placed upon the industry and providing industry members with greater 
flexibility in the labeling of their products. This is consistent with 
the Administration's Reinventing Government effort to reduce regulatory 
burdens and streamline requirements.
    ATF also believes that the word ``unaged'' accurately describes a 
grape brandy which has never been stored in oak containers and, as 
such, is equally as informative to consumers than the designation 
``immature.'' Therefore, the Bureau is proposing to require grape 
brandy that has never been aged in wood to be labeled either 
``immature'' or ``unaged''. ATF believes that either word on the label 
will provide consumers with adequate information as to the identity of 
the product. Nevertheless, ATF is interested in comments on whether the 
continued use of ``immature'' to describe brandy that has never been 
aged and brandy that has been aged for some time but less than 2 years 
could lead to consumer confusion. Furthermore, brandy producers will 
have greater choices in labeling their products.
    The proposal applies to grape brandy (other than neutral brandy, 
pomace brandy, marc brandy, or grappa brandy) distilled from the 
fermented juice, mash, or wine of grapes, or the residue thereof. Grape 
brandy stored in oak containers for any amount of time less than 2 
years must still be designated as ``immature''.
    Finally, the petitioner asked that ATF prohibit the addition of 
coloring to an ``unaged brandy''. Under the current regulations, 
Sec. 5.23, harmless flavoring, blending, or coloring materials 
(including caramel) may be added to any class and type of distilled 
spirits, within certain limitations, without altering the class or type 
of the distilled spirits. While ATF is not proposing to amend 
Sec. 5.23, the Bureau is soliciting comments on whether there should be 
any restrictions on the addition of harmless coloring, flavoring, or 
blending materials in the case of unaged grape brandy.

Executive Order 12866

    It has been determined that this proposed rule is not a significant 
regulatory action as defined in E.O. 12866. Therefore, a regulatory 
assessment is not required.

Regulatory Flexibility Act

    It is hereby certified that this proposed regulation will not have 
a significant economic impact on a substantial number of small 
entities. The proposed rule is liberalizing in nature in that brandy 
producers will have greater choices in labeling their products. 
Accordingly, a regulatory flexibility analysis is not required.

Public Participation

    ATF requests comments on the proposed regulations from all 
interested persons. Comments received on or before the closing date 
will be carefully considered. Comments received after that date will be 
given the same consideration if it is practical to do so, but assurance 
of consideration cannot be given except as to comments received on or 
before the closing date.
    ATF will not recognize any material in comments as confidential. 
Comments may be disclosed to the public. Any material which the 
commenter considers to be confidential or inappropriate for disclosure 
to the public should not be included in the comment. The name of the 
person submitting a comment is not exempt from disclosure.
    Any interested person who desires an opportunity to comment orally 
at a public hearing should submit his or her request, in writing, to 
the Director within the 90-day comment period. The Director, however, 
reserves the right to determine, in light of all circumstances, whether 
a public hearing is necessary.

Disclosure

    Copies of this notice and the written comments will be available 
for public inspection during normal business hours at: ATF Public 
Reading Room, Room 6480, 650 Massachusetts Avenue, NW, Washington, DC.

    Drafting Information: The author of this document is James P. 
Ficaretta, Wine, Beer and Spirits Regulations Branch, Bureau of 
Alcohol, Tobacco and Firearms.

List of Subjects in 27 CFR Part 5

    Advertising, Consumer protection, Customs duties and inspection, 
Imports, Labeling, Liquors, Packaging and containers.

Authority and Issuance

    ATF is proposing to amend Part 5 in Title 27 of the Code of Federal 
Regulations as follows:

PART 5--LABELING AND ADVERTISING OF DISTILLED SPIRITS

    Par. 1. The authority citation for 27 CFR Part 5 continues to read 
as follows:

    Authority: 26 U.S.C. 5301, 7805; 27 U.S.C. 205.

    Par. 2. Section 5.22(d)(1) is amended by revising the third 
sentence to read as follows:

Sec. 5.22  The standards of identity.

* * * * *
    (d) * * *
    (1) * * * Fruit brandy, derived from grapes, shall be designated as 
``grape brandy'' or ``brandy'', except that in the case of brandy 
(other than neutral brandy, pomace brandy, marc brandy or grappa 
brandy) distilled from the fermented juice, mash, or wine of grapes, or 
the residue thereof: which has been stored in oak containers for some 
period of time less than 2 years, the statement of class and type shall 
be immediately preceded, in the same size and kind of type, by the word 
``immature''; or which has never been stored in oak containers, the 
statement of class and type shall be immediately preceded, in the same 
size and kind of type, by the word ``immature'' or ``unaged''. * * *
* * * * *
    Par. 3. Section 5.40 is amended by revising the first sentence in 
paragraph (b) and the second proviso in paragraph (e)(2) to read as 
follows:

Sec. 5.40  Statements of age and percentage.

* * * * *
    (b) Statements of age for rum, brandy, and Tequila. Age may, but 
need not, be stated on labels of rums, brandies, and

[[Page 30017]]

Tequila, except that an appropriate statement with respect to age shall 
appear on the brand label in the case of brandy (other than immature or 
unaged brandies, as provided in Sec. 5.22(d)(1), and fruit brandies 
which are not customarily stored in oak containers) not stored in oak 
containers for a period of at least 2 years. * * *
* * * * *
    (e) * * *
    (2) * * * And provided further, That the labels of whiskies and 
brandies (except immature or unaged brandies, as provided in 
Sec. 5.22(d)(1)) not required to bear a statement of age, and rum and 
Tequila aged for not less than 4 years, may contain general 
inconspicuous age, maturity or similar representations without the 
label bearing an age statement.
    Par. 4. Section 5.65(c) is amended by revising the last sentence to 
read as follows:

Sec. 5.65  Prohibited practices.

* * * * *
    (c) Statement of age. * * * An advertisement for any whisky or 
brandy (except immature or unaged brandies, as provided in 
Sec. 5.22(d)(1)) which is not required to bear a statement of age on 
the label or an advertisement for any rum or Tequila, which has been 
aged for not less than 4 years may, however, contain inconspicuous, 
general representations as to age, maturity or other similar 
representations even though a specific age statement does not appear on 
the label of the advertised product and in the advertisement itself.
* * * * *
    Signed: April 25, 1996.
Bradley A. Buckles,
Acting Director.
    Approved: May 15, 1996.

Dennis M. O'Connell,
Acting Deputy Assistant Secretary, (Regulatory, Tariff and Trade 
Enforcement).
[FR Doc. 96-14859 Filed 6-12-96; 8:45 am]
BILLING CODE 4810-31-U

Complete official Federal Register PDF

FR Doc. 96-14858 Distribution and Use of Denatured Alcohol and Rum (95R-028P)
[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Page 30019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14858]

[[Page 30019]]

27 CFR Part 20

[Notice No. 827]
RIN 1512-AB57

Distribution and Use of Denatured Alcohol and Rum (95R-028P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of 
the Treasury.

ACTION: Advance notice of proposed rulemaking.

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

SUMMARY: Pursuant to the President's regulatory reform initiative, ATF 
is conducting a complete review of all Federal government regulations 
relating to the distribution and use of denatured alcohol and rum. ATF 
believes that the regulations can be modernized and simplified since 
the last major revision in 1985.
    ATF is issuing this advance notice to solicit comments on ways in 
which the regulations can be simplified so as to greatly reduce or 
eliminate unnecessary regulatory burdens on industry members, while 
continuing to provide adequate protection of the revenue.

DATES: Comments must be submitted by August 12, 1996.

ADDRESSES: Submit all comments to: Chief, Wine, Beer, and Spirits 
Regulations Branch; Bureau of Alcohol, Tobacco and Firearms; P.O. Box 
50221; Washington, DC 20091-0221. ATTN: Notice No. 827.

FOR FURTHER INFORMATION CONTACT: Mary A. Wood; Wine, Beer, and Spirits 
Regulations Branch; Bureau of Alcohol, Tobacco and Firearms; 650 
Massachusetts Avenue, NW; Washington, DC 20226; (202) 927-8210.

SUPPLEMENTARY INFORMATION:

Background

    ATF wishes to solicit comments from the public on its proposal to 
conduct a complete review of the regulatory requirements in Part 20 
pertaining to the distribution and use of denatured alcohol and rum. 
ATF aims to eliminate, revise, or simplify the regulations where 
necessary. ATF believes that the current regulations may contain 
unnecessary provisions and ATF desires to delete regulatory 
requirements which have become obsolete.
    ATF wants to ensure that the regulations provided for in this part 
are made as simple as possible, while still providing the necessary 
protection to the revenue. In updating the regulations, primary 
emphasis will be given to the simplification of procedures for 
qualifying as a denatured alcohol and rum distributor and user or for 
keeping records and filing reports.
    ATF solicits comments on the following issues:
    (1) Are specific regulations in Part 20 duplicative and 
unnecessary? Can specific sections of the regulations be combined to 
eliminate such duplication?
    (2) Can the permit application, approved formula or statement of 
process, or loss claim requirements in these regulations be made more 
streamlined, while continuing to provide adequate safeguards to the 
revenue?
    (3) Can the labeling requirements for articles or packages of 
specially denatured spirits be simplified?
    (4) Are there any other suggestions for providing flexibility in 
the provisions in Part 20, including the recovery of denatured spirits 
and the reuse of the recovered spirits.
    (5) Overall, ATF would like to solicit general comments on ways in 
which it could reduce recordkeeping paperwork and/or simplify 
procedures, while continuing to maintain adequate safeguards to the 
revenue.
    (6) Finally, under the current regulations, ATF may grant a 
permittee's request for an alternate method or procedure as a variance 
from some regulatory requirements. ATF is interested in comments from 
permittees concerning their experience with such variances and whether 
these regulations should be revised to incorporate some of the 
practices authorized by existing variances.

Participation

    ATF requests comments from all interested persons. All comments 
received on or before the closing date will be carefully considered. 
Comments received after that date will be given the same consideration 
if it is practical to do so, but assurance of consideration cannot be 
given except as to comments received on or before the closing date.
    ATF will not recognize any material as confidential. Comments may 
be disclosed to the public. Any material which the commenter considers 
to be confidential or inappropriate for disclosure should not be 
included in the comment. The name of the person submitting the comment 
is not exempt from disclosure.
    During the comment period, any person may request an opportunity to 
present oral testimony at a public hearing. However, the Director 
reserves the right, in light of all circumstances, to determine if a 
public hearing is necessary.

Executive Order 12866

    It has been determined that this proposed regulation is not a 
significant regulatory action as defined in Executive Order 12866. 
Accordingly, this proposal is not subject to the analysis required by 
this Executive Order.

    Drafting Information: The principal author of this document is 
Mary A. Wood of the Wine, Beer, and Spirits Regulations Branch, 
Bureau of Alcohol, Tobacco and Firearms.

List of Subjects in 27 CFR Part 20

    Administrative practice and procedure, Advertising, Alcohol and 
alcohol beverages, Authority delegations, Claims, Excise taxes, 
Reporting and recordkeeping requirements, Surety bonds.

Authority and Issuance

    This advance notice of proposed rulemaking is issued under the 
authority in 26 U.S.C. 5001, 5206, 5214, 5241-5276, 5311, 5552, 5555, 
5607, 6065, 7805.

    Signed: May 17, 1996.
Bradley A. Buckles,
Acting Director.

    Approved: May 24, 1996.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 96-14858 Filed 6-12-96; 8:45 am]
BILLING CODE 4810-31-P

Complete official Federal Register PDF

FR Doc. 96-14852 Liquors and Articles From Puerto Rico and the Virgin Islands (1512-AB50)
[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Pages 30021-30023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14852]

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

DEPARTMENT OF THE TREASURY
27 CFR Part 250

[Notice No. 825]
RIN: 1512-AB50

Liquors and Articles From Puerto Rico and the Virgin Islands 
(1512-AB50)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of 
the Treasury.

ACTION: Advance notice of proposed rulemaking.

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

SUMMARY: ATF is considering the revision and recodification of the 
regulations regarding liquors and articles (hereinafter ``alcoholic 
products'') which are brought into the United States from Puerto Rico 
or the Virgin Islands. The purpose of the proposed revision/
recodification is to update and simplify the regulations in 27 CFR Part 
250 and to reissue those regulations as part of the same chapter. ATF 
is issuing this advance notice to solicit comments on its proposal to 
eliminate application and transaction forms required to be submitted by 
persons who bring alcoholic products into the United States from Puerto 
Rico.
    Comments are also being solicited on proposals to coordinate with 
the U.S. Customs Service to reduce duplicate efforts involving 
shipments of merchandise from Puerto Rico to the United States. ATF 
would also like to receive comments regarding other suggestions for 
reducing or eliminating unnecessary regulatory burdens on proprietors 
in both Puerto Rico and the United States while continuing to provide 
adequate protection to the revenue.

DATES: Written comments must be received on or before September 11, 
1996.

ADDRESSES: Comments must be submitted to the Chief, Wine, Beer, and 
Spirits Branch, P.O. Box 50221, Washington, DC 20091-0221. ATTN Notice 
No. 825.

FOR FURTHER INFORMATION CONTACT: Tami Light, Wine, Beer and Spirits 
Branch, Bureau of Alcohol, Tobacco and Firearms, Washington, DC 20226, 
(202) 927-8210.

[[Page 30022]]

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to section 7652 of the Internal Revenue Code of 1986, 
alcoholic products of Puerto Rican manufacture which are brought into 
the United States for consumption or sale, and alcoholic products 
coming into the United States from the Virgin Islands, are subject to a 
tax equal to the tax imposed on similar products of domestic 
manufacturer.
    Under section 5232, distilled spirits brought into the United 
States in bulk containers from Puerto Rico or the Virgin Islands may be 
withdrawn from Customs custody and transferred to the bonded premises 
of a distilled spirits plant without payment of tax.
    On September 8, 1992, ATF published in the Federal Register an 
advanced notice of proposed rulemaking, Notice No. 751, 57 FR 40885, in 
order to solicit comments on its proposal to review and update the 
regulations pertaining to shipments of alcoholic products from Puerto 
Rico or the Virgin Islands to the United States, and plans to recodify 
and reissue such regulations now in 27 CFR part 250 as part 26 of the 
same chapter. In response to Notice No. 751, two favorable comments 
were received from the Jim Beam Co. (Beam) and the National Association 
of Beverage Importers, Inc. In general, both of these comments 
supported ATF's proposed simplification of application and 
recordkeeping requirements. In addition, Beam supported ATF's proposed 
coordination with the U.S. Customs Service to streamline regulation of 
Puerto Rican products. Given ATF's continued interest in these 
proposals, the relative lack of comments received during its initial 
airing, and the length of time since these issues were first 
considered, ATF is reairing its proposal in its entirety to give 
industry and concerned citizens another opportunity to comment.

Proposals

    ATF would like to reorganize the regulations to eliminate often 
lengthy duplication of requirements that apply equally to operations in 
Puerto Rico and the Virgin Islands. We are considering deleting many 
regulatory requirements which may be unnecessary.
    In updating the regulations, primary emphasis will be given to the 
simplification of procedures for the taxpayment and shipment of 
alcoholic products from Puerto Rico to the United States. ATF is also 
considering proposals to coordinate with the U.S. Customs Service to 
reduce duplicate efforts at the port of arrival in the United States 
when such products are shipped from Puerto Rico, however, the 
responsibilities of Customs with respect to shipments from the Virgin 
Islands would remain unchanged.
    Under current regulations, before distilled spirits, wine or beer 
may be shipped from Puerto Rico to the United States, an application on 
ATF Form 5110.51, Application, Permit and Report-Wine and Beer (Puerto 
Rico), must be submitted and a permit received to verify computation of 
the internal revenue tax. After tax determination, a second application 
and permit on ATF Form 487-B (5170.5) Application and Permit to Ship 
Liquors and Articles of Puerto Rican Manufacturer Taxpaid to the United 
States, is required in order to ship the taxpaid or tax determined 
products to the United States.
    ATF is considering ways to reduce paperwork and simplify the 
procedures for shipping distilled spirits, beer or wine from Puerto 
Rico to the United States. We would like comments on the following 
proposals:
    (1) Should the regulations be amended to permit the proprietor of 
qualified premises in Puerto Rico to maintain a record of tax 
determination in lieu of the application and permit to compute the tax? 
ATF is proposing that, in lieu of the initial application and permit 
currently required to compute the tax, a record of tax determination be 
kept by the proprietor containing sufficient information to allow an 
ATF officer to verify the tax liability represented by the document.
    (2) Should the regulations be amended to allow such record of tax 
determination to be an invoice, bill of lading, or other commercial 
document which would contain the necessary data elements?
    (3) If ATF adopts the above proposals what additional safeguards to 
the revenue would be necessary?
    (4) Do the current provisions in part 250 adequately address the 
bulk shipment of distilled spirits from Puerto Rico to the United 
States? ATF is interested in whether or not the regulations reflect the 
current technology or shipment and distribution practices in this area.
    (5) In this advance notice, ATF would like to solicit comments on 
specific ways in which it could reduce paperwork, simplify existing 
procedures and eliminate unnecessary regulations in any area concerning 
Puerto Rico or the Virgin Islands that is currently covered in part 
250, while continuing to maintain adequate safeguards to the revenue.
    (6) ATF would like specific comments on the experience of the 
industry with respect to any duplicative regulatory efforts by ATF and 
the U.S. Customs Service on shipments of distilled spirits from Puerto 
Rico to the United States.
    (7) Finally, under the current regulations, ATF may grant an 
industry member's request for an alternate method or procedure as a 
variance from some regulatory requirements. ATF is interested in 
comments from industry members concerning their experience with such 
variances and whether these regulations should be revised to 
incorporate some of the practices authorized by existing variances.

Public Participation

    ATF requests comments from all interested persons. All comments 
received on or before the closing date will be carefully considered. 
Comments received after the closing date will be given the same 
consideration if it is practical to do so, but assurance of 
consideration cannot be given except as to comments received on or 
before the closing date.
    ATF will not recognize any material or comments as confidential. 
All comments submitted in response to this advance notice will be 
available for public inspection during normal business hours at: ATF 
Public Reading Room, room 6480, 650 Massachusetts Avenue NW., 
Washington, DC. Any material that the commenter considers confidential 
or inappropriate for disclosure to the public should not be included in 
the comment. The name of the person submitting a comment is not exempt 
from disclosure.

Executive Order 12866

    It has been determined that this proposed regulation is not a 
significant regulatory as defined by Executive Order 12866. 
Accordingly, this proposal is not subject to the analysis required by 
this Executive Order.

    Drafting Information: The principal author of this document is 
Tami Light of the Wine, Beer and Spirits Branch, Bureau of Alcohol, 
Tobacco and Firearms.

List of Subjects in 27 CFR Part 250

    Administrative practice and procedure, Alcohol and alcoholic 
beverages, Authority delegations, Beer, Customs duties and inspection, 
Electronic fund transfers, Excise taxes, Liquors, Packaging and 
containers, Puerto Rico, Reporting and recordkeeping requirements, 
Surety bonds, Transportation, Virgin Islands, Warehouses, Wine.

[[Page 30023]]

    Authority: This advance notice of proposed rulemaking is issued 
under the authority in 26 U.S.C. 7805.

    Signed: May 17, 1996.
Bradley A. Buckles,
Acting Director.

    Approved: May 24, 1996.
John P. Simpson.
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 96-14852 Filed 6-12-96; 8:45 am]
BILLING CODE 4810-31-U

Complete official Federal Register PDF

FR Doc. 96-14851 Recodification of the Statement of Procedural Rules in Part 70 (96R-007P)
[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Pages 30013-30014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14851]

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

DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms

27 CFR Parts 0 and 70

[Notice No. 824]
RIN 1512-AB54

Recodification of the Statement of Procedural Rules in Part 70 
(96R-007P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of 
the Treasury.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: As part of a regulatory reform initiative, the Bureau of 
Alcohol, Tobacco and Firearms (ATF) is proposing to revise the 
statement of procedural rules in subpart E of 27 CFR Part 70, and 
recodify this statement as a new part 0 of 27 CFR. ATF solicits 
comments on its proposals and suggestions for further improvements in 
the statement of procedural rules.

DATES: Written comments must be received by August 12, 1996.

ADDRESSES: Send written comments to: Chief, Wine, Beer and Spirits 
Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, P.O. Box 
50221, Washington, DC 20091-0221, Attn: Notice No. 824. Copies of 
written comments received in response to this notice of proposed 
rulemaking will be available for public inspection during normal 
business hours at: ATF Reference Library, Office of Public Affairs and 
Disclosure, Room 6480, 650 Massachusetts Avenue, NW, Washington, DC 
20226.

FOR FURTHER INFORMATION CONTACT: Marjorie D. Ruhf, Wine, Beer and 
Spirits Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, 
650 Massachusetts Avenue, NW., Washington, DC 20226 (202-927-8230).

[[Page 30014]]

SUPPLEMENTARY INFORMATION:

Background

    On February 21, 1995, President Clinton announced a regulatory 
reform initiative. As part of this initiative, each Federal agency was 
instructed to conduct a page by page review of all agency regulations 
to identify those which are obsolete or burdensome and those whose 
goals could be better achieved through the private sector, self-
regulation or state and local governments. In cases where the agency's 
review disclosed regulations which should be revised or eliminated, the 
agency would propose administrative changes to its regulations. In 
addition, on April 13, 1995, the Bureau published Notice 809 (60 FR 
18783) requesting comments from the public regarding which ATF 
regulations could be improved or eliminated.
    No specific comments were received in response to that notice 
concerning the content or arrangement of the statement of procedural 
rules in subpart E of 27 CFR Part 70. The Bureau, in its own review, 
determined that the statement of procedural rules should be removed 
from its present location and placed in a location which reflects its 
unique function as a summary statement of the regulations and the 
formal and informal procedures applicable to the activities conducted 
under the laws administered and enforced by ATF. In addition, the 
statement of procedural rules will soon need substantial revision to 
reflect ongoing projects consolidating, eliminating and revising other 
parts of the regulations. Finally, ATF wishes to improve the usefulness 
of the statement of procedural rules to the public and regulated 
industries as a guide to agency operations.

Proposed Changes

    When the pending regulatory reform projects are complete, ATF plans 
to revise the statement of procedural rules in order to provide current 
descriptions and citations. At the same time, ATF proposes to move the 
statement of procedural rules from its current location as sections 
70.411 to 70.462 of subpart E of 27 CFR Part 70 to a new location as 27 
CFR Part 0 at the beginning of 27 CFR for ease of use. We also plan to 
restructure the statement. We believe the statement will be more 
helpful and easier to use as a reference tool if it is divided into 
more sections, to allow for better indexing, and arranged by commodity, 
so that all provisions relating to a particular subject will be 
together. For example, instead of having information pertaining to wine 
labels mixed in with discussions of nonindustrial use of distilled 
spirits and establishment of breweries, we will adopt an arrangement 
which will place descriptions of all ATF procedural rules which affect 
wine labeling together in one location.

Public Participation

    ATF requests comments from all interested persons on the proposals 
presented in this notice. We particularly request suggestions for any 
additional information which should be placed in the statement of 
procedural rules to make it more useful, and any suggestions for 
arrangement or indexing of the information already contained in the 
statement.
    After consideration of all comments and suggestions, ATF may issue 
a Treasury decision. The proposals discussed in this notice may be 
modified due to comments and suggestions received.
    Comments received on or before the closing date will be carefully 
considered. Comments received after the closing date will be given the 
same consideration if it is practical to do so, but assurance of 
consideration cannot be given except as to comments received on or 
before the closing date. ATF will not recognize any material or 
comments as confidential. All comments submitted in response to this 
notice will be available for public inspection. Any material that the 
commenter considers confidential or inappropriate for disclosure to the 
public should not be included in the comment. The name of the person 
submitting the comment is not exempt from disclosure.

Executive Order 12866

    It has been determined that this document is not a significant 
regulatory action as defined in E.O. 12866; therefore, a regulatory 
assessment is not required.

Regulatory Flexibility Act

    It is hereby certified that these proposed regulations will not 
have a significant economic impact on a substantial number of small 
entities. Accordingly, a regulatory flexibility analysis is not 
required. The changes proposed are for the purpose of clarifying the 
existing regulations and making them easier to use. No substantive 
changes are proposed. Pursuant to section 7805(f) of the Internal 
Revenue Code, this proposed regulation has been submitted to the Chief 
Counsel for Advocacy of the Small Business Administration for comment 
on its impact on small business.

Paperwork Reduction Act

    Although the information collections described in sections 70.411 
through 70.414, 70.431 and 70.433 of subpart E of Part 70 merely 
summarize and reference the parts of Title 27 CFR where the information 
collections are imposed, these sections were reviewed and approved by 
the Office of Management and Budget under control numbers 1512-0141 and 
1512-0472. These control numbers were in effect on October 1, 1995, the 
effective date of the Paperwork Reduction Act of 1995. Any comments on 
these collections of information may be sent to the Office of 
Management and Budget, Attention: Desk officer for the Department of 
the Treasury, Bureau of Alcohol, Tobacco and Firearms, Office of 
Information and Regulatory Affairs, Washington, DC 20503, with copies 
to the Chief, Document Services Branch, Room 3450, Bureau of Alcohol, 
Tobacco and Firearms, 650 Massachusetts Avenue, NW, Washington, DC 
20226. No additional requirement to collect information is proposed in 
this document.

    Drafting Information: The principal author of this document is 
Marjorie D. Ruhf of the Wine, Beer and Spirits Regulations Branch, 
Bureau of Alcohol, Tobacco and Firearms.

List of Subjects in 27 CFR Part 70

    Administrative practice and procedure, Alcohol and alcoholic 
beverages, Authority delegations, Bankruptcy, Claims, Disaster 
assistance, Excise taxes, Firearms and ammunition, Government 
employees, Law enforcement, Law enforcement officers, Penalties, 
Reporting and recordkeeping requirements, Seizures and forfeitures, 
Surety bonds, Tobacco.

    Authority: This notice of proposed rulemaking is issued under 
the authority in 18 U.S.C. 847 and 926; 26 U.S.C. 7805; 27 U.S.C. 
201-219a.

    Signed: May 21, 1996.
John W. Magaw,
Director.

    Approved: May 24, 1996.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 96-14851 Filed 6-12-96; 8:45 am]
BILLING CODE 4810-31-U

Complete official Federal Register PDF

FR Doc. 96-14850 Distribution and Use of Tax-Free Alcohol (95R-030P)
[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Pages 30019-30021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14850]

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

DEPARTMENT OF THE TREASURY
27 CFR Part 22

[Notice No. 828]
RIN 1512-AB51

Distribution and Use of Tax-Free Alcohol (95R-030P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of 
the Treasury.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: Pursuant to the President's regulatory reform initiative, the 
Bureau of Alcohol, Tobacco and Firearms (ATF) is proposing revisions in 
this notice to eliminate and liberalize certain regulatory requirements 
relating to tax-free alcohol. ATF believes that these proposed 
revisions will greatly reduce and simplify the qualification process 
governing the tax-free alcohol permit application process.

DATES: Written comments must be received on or before August 12, 1996.

ADDRESSES: Submit written comments to: Chief, Wine, Beer, and Spirits

[[Page 30020]]

Regulations Branch; Bureau of Alcohol, Tobacco and Firearms; P.O. Box 
50221; Washington, DC 20091-0221. ATTN: Notice No. 828.

FOR FURTHER INFORMATION CONTACT: Mary A. Wood, Wine, Beer, and Spirits 
Regulations Branch; Bureau of Alcohol, Tobacco and Firearms; 650 
Massachusetts Avenue, NW; Washington, DC 20226; (202) 927-8210.

SUPPLEMENTARY INFORMATION:

Background

    There are certain registration requirements under the law and its 
implementing regulations that must be met prior to the issuance of a 
permit to withdraw and use tax-free alcohol. Depending upon the class 
of the applicant, these registration requirements may include the 
submission of a detailed application and supporting data, the payment 
of special (occupational) tax (SOT) and the acquisition of bond 
coverage. Once such registration requirements are met, the applicant is 
issued a tax-free alcohol users permit and may commence conducting any 
of the uses authorized under the law and regulations for tax-free 
alcohol permittees. The permittee is allowed to purchase and acquire 
alcohol from a registered distilled spirits plant (DSP) free of the 
excise tax payments normally required to be made by the DSP proprietor.
    For this reason, tax-free alcohol authorized uses and users are 
limited or restricted under the law. Tax-free alcohol may not be 
withdrawn and used for beverage purposes, in food products, or in any 
preparation used in preparing beverage or food products. Tax-free 
alcohol may not be sold, used in the manufacture of any product for 
sale, or sold in any product resulting from the use of tax-free 
alcohol. Finally, tax-free alcohol or products resulting from the use 
of tax-free alcohol may not be removed from the permit premises.
    Authorized users of tax-free alcohol include any State or political 
subdivision of a State, or the District of Columbia acquiring the 
alcohol for nonbeverage purposes. Tax-free alcohol may also be used by 
any educational organization (exempt from income tax), scientific 
university or college of learning, laboratory for use exclusively in 
scientific research, hospital, blood bank, sanitarium, pathological 
laboratory exclusively engaged in making analyses, or tests, for 
hospitals or sanitariums, or clinic operated for charity and not for 
profit. These permittees are unique in that they are not engaged in the 
business of selling tax-free alcohol or any product manufactured from 
or containing tax-free alcohol. Any permittee who uses tax-free alcohol 
in a manner that violates the laws and regulations becomes liable for 
the tax and other provisions of the Internal Revenue Code of 1986, 26 
U.S.C. 5001(a)(4).
    ATF believes that the present bond requirements are unnecessary and 
the qualification requirements can be effectively streamlined. 
Therefore, ATF is proposing to delete the bond requirements and revise 
the qualification requirements for obtaining a permit to withdraw and 
use tax-free alcohol and is soliciting public comments on them.

Bonds and Consents of Surety

    Section 5272 of the Internal Revenue Code of 1986 provides that 
bond coverage may be required as part of the tax-free alcohol permit 
qualification process. Subpart E of the implementing regulations at 27 
CFR Part 22, requires every applicant, with certain exceptions, to 
obtain a bond prior to the issuance of a permit. In 1985, the tax-free 
regulations were revised and the exemption from bond coverage was 
expanded. See, T.D. ATF-199, 50 Fed. Reg. 9152 (March 6, 1985). Under 
those revisions, the percentage of users of tax-free alcohol who were 
exempt from filing a surety bond increased from 36 percent under the 
prior regulations to 75 percent under the adopted regulations.
    Based on the post-1985 experience in administering Part 22, ATF 
believes that bond coverage should no longer be required of any 
applicant for a tax-free alcohol permit.
    Additionally, ATF believes that elimination of the bond requirement 
under Subpart E will result in substantially reduced administrative and 
financial burdens on the tax-free alcohol permittees.

Qualification

    Section 5271 of the Internal Revenue Code of 1986 requires the 
submission of an application before a permit may be issued to procure 
and use tax-free alcohol. Current regulations require the submission of 
a detailed application with supporting data by all applicants. The 
regional director (compliance) is authorized to waive some of the 
detailed data for applicants who are a State, political subdivisions 
thereof or the District of Columbia or whose annual withdrawal and 
usage of tax-free alcohol will not exceed 1,500 proof gallons.
    ATF believes that this waiver should be available to all applicants 
when the regional director (compliance) concludes that the revenue is 
adequately protected with respect to the person submitting the 
application. ATF is, therefore, proposing that regulatory provisions be 
made that will allow the regional director (compliance) to waive 
detailed applications with supporting data for all applicants. The 
regulations will continue to recognize the current waiver category of 
applicants who are governmental entities and the waiver category based 
on the 1,500 proof gallon annual withdrawal and usage is encompassed by 
the proposed amended regulation.

Public Participation

    ATF requests written comments from all interested persons. All 
comments received on or before the closing date will be carefully 
considered. Comments received after that date will be given the same 
consideration if it is practical to do so, but assurance of 
consideration cannot be given except as to comments received on or 
before the closing date.
    ATF will not recognize any material as confidential. Any material 
which the commenter considers to be confidential or inappropriate for 
disclosure should not be included in the comment. The name of the 
person submitting the comment is not exempt from disclosure.
    Any interested person who desires an opportunity to comment orally 
at a public hearing should submit his or her request, in writing, to 
the Director within the 60-day comment period. The Director, however, 
reserves the right to determine, in light of all circumstances, whether 
a public hearing will be scheduled.
    Written comments will be available for public inspection during 
normal business hours at the following address: ATF Reading Room, 
Office of Public Affairs and Disclosure, Room 6480, 650 Massachusetts 
Avenue, NW, Washington, DC.

Regulatory Flexibility Act

    It is hereby certified that this proposed regulation will not have 
a significant economic impact on a substantial number of small 
entities. The regulations will give ATF specific regulatory authority 
to relax and remove certain registration requirements. The regulations 
will not increase recordkeeping or reporting requirements. Accordingly, 
a regulatory flexibility analysis is not required because the proposal, 
if promulgated as a final rule, will not have a significant economic 
impact on a substantial number of small entities.

Executive Order 12866

    It has been determined that this proposed regulation is not a 
significant regulatory action as defined in

[[Page 30021]]

Executive Order 12866. Accordingly, this proposal is not subject to the 
analysis required by this Executive Order.

Paperwork Reduction Act

    The provisions of the Paperwork Reduction Act of 1980, Pub. L. 96-
511, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR Part 
1320, do not apply to this notice because no new information collection 
requirements are being proposed.
    The existing collections of information contained in this notice of 
proposed rulemaking have been previously reviewed and approved by the 
Office of Management and Budget in accordance with the requirements of 
the Paperwork Reduction Act of 1980 (44 U.S.C. 3504(h) under control 
numbers 1512-0334 and 1512-0335.

    Drafting Information: The principal drafter of this document is 
Mary A. Wood of the Wine, Beer, and Spirits Regulations Branch, 
Bureau of Alcohol, Tobacco, and Firearms.

List of Subjects in 27 CFR Part 22

    Administrative practice and procedure, Advertising, Alcohol and 
alcohol beverages, Authority delegations (Government agencies), Claims, 
Excise taxes, Reporting and recordkeeping requirements, Surety bonds.

Authority and Issuance

    ATF is proposing to amend Part 22 in Title 27 of the Code of 
Federal Regulations as follows:

PART 22--DISTRIBUTION AND USE OF TAX-FREE ALCOHOL

    Par. 1. The authority citation for Part 22 continues to read as 
follows:

    Authority: 26 U.S.C. 5001, 5121, 5142, 5143, 5146, 5206, 5214, 
5271-5276, 5311, 5552, 5555, 6056, 6061, 6065, 6109, 6151, 6806, 
7011, 7805; 31 U.S.C. 9304, 9306.

Sec. 22.21   [Amended]

    Par. 2. Section 22.21(a) is amended by removing the word ``bonds,'' 
from the first sentence.

Sec. 22.25   [Removed]

    Par. 3. Section 22.25 is removed.

Sec. 22.26  [Redesignated]

    Par. 4. Section 22.26 is redesignated as Sec. 22.25.

Sec. 22.27  [Redesignated]

    Par. 5. Section 22.27 is redesignated as Sec. 22.26.

Sec. 22.43  [Amended]

    Par. 6. In Sec. 22.43, paragraphs (a)(2) and (b) are revised as 
follows:

Sec. 22.43  Exceptions to application requirements.

    (a) * * *
    (2) Applications, Form 5150.22, filed by applicants where the 
regional director (compliance) has determined that the waiver of such 
requirements does not pose any jeopardy to the revenue or a hindrance 
of the effective administration of this part.
    (b) The waiver provided for in this section will terminate for a 
permittee, other than States or political subdivisions thereof or the 
District of Columbia, when the permittee files an application to amend 
the permit and the regional director (compliance) determines that the 
conditions justifying the waiver no longer exist. In this case, the 
permittee will furnish the information in respect to the previously 
waived items, as provided in Sec. 22.57(a)(2).

Sec. 22.59  [Amended]

    Par. 7. In Sec. 22.59, the second sentence of the section is 
removed.

Sec. 22.60  [Amended]

    Par. 8. Section 22.60 is amended as follows:
    1. Paragraph (b) is removed.
    2. Paragraph (c) is redesignated as paragraph (b).
    3. Paragraph (d) is redesignated as paragraph (c).

Sec. 22.62  [Amended]

    Par. 9. Section 22.62 is amended by the removal of the last 
sentence in the section.

Sec. 22.63  [Amended]

    Par. 10. Section 22.63 is amended as follows:
    1. Paragraph (b) is removed.
    2. The paragraph letter and title ``(a) Permit.'' designation is 
removed.

Sec. 22.68  [Amended]

    Par. 11. Section 22.68 is amended as follows:
    1. Paragraph (b) is removed.
    2. The paragraph letter and title ``(a) Notice.'' designation is 
removed.

Subpart E [Removed and Reserved]

    Par. 12. Subpart E (Bonds and Consent of Surety) is removed and 
reserved.

Sec. 22.152  [Amended]

    Par. 13. Section 22.152 is amended as follows:
    1. Paragraph (b) is removed.
    2. Paragraph (c) is redesignated as paragraph (b).
    Signed: May 8, 1996.
Bradley A. Buckles,
Acting Director.

    Approved: May 24, 1996.
John P. Simpson.
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 96-14850 Filed 6-12-96; 8:45 am]
BILLING CODE 4810-13-U

Complete official Federal Register PDF

FR Doc. 96-14123 Sale of Seized Property
[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Pages 30012-30013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14123]

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

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 301

[GL-007-96]
RIN 1545-AU13

Sale of Seized Property

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: This document contains proposed regulations relating to the 
sale of seized property. The proposed regulations reflect changes 
concerning the setting of a minimum price for seized property by the 
Tax Reform Act of 1986. The proposed regulations affect all sales of 
seized property.

DATES: Written comments and requests for a public hearing must be 
received by September 11, 1996.

ADDRESSES: Send submissions to: CC:DOM:CORP:R (GL-007-96), room 5228, 
Internal Revenue Service, POB 7604, Ben Franklin Station, Washington, 
DC 20044. In the alternative, submissions may be hand delivered to: 
CC:DOM:CORP:R (GL-007-96), room 5228, Internal Revenue Service, 1111 
Constitution Avenue NW., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Concerning the regulations, Kevin B. 
Connelly, (202) 622-3640 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

    This document contains proposed amendments to the Procedure and 
Administration Regulations (26 CFR part 301) relating to the sale of 
seized property under section 6335 of the Internal Revenue Code (Code). 
The Tax Reform Act of 1986 amended section 6335(e), relating to the 
manner and conditions of sale, to authorize the Secretary to determine 
whether it would be in the best interest of the United States to buy 
seized property at the minimum price set by the Secretary. These 
proposed regulations reflect this change.

Explanation of Provisions

    Section 1570 of the Tax Reform Act of 1986 amended section 6335(e) 
of the Code to require the Secretary to determine before the sale of 
seized property whether it would be in the best interest of the United 
States to purchase such property at the minimum price set by the 
Secretary. The best interest determination is to be based on criteria 
prescribed by the Secretary. If, at the sale, one or more persons offer 
at least the minimum price, the property shall be sold to the highest 
bidder. If no one offers at least the minimum price and the Secretary 
has determined that it would be in the best interest of the United 
States to purchase the property for the minimum price, the property 
will be declared sold to the United States for the minimum price. If no 
one offers the minimum price and the Secretary has not determined that 
it would be in the best interest of the United States to purchase the 
property for the minimum price, the property shall be released to the 
owner of the property and the expense of the levy and sale shall be 
added to the amount of tax for the collection of which the United 
States made the levy. Any property released shall remain subject to any 
lien imposed by subchapter C of chapter 64 of subtitle F of the Code.
    The proposed regulations reflect the changes made by the Tax Reform 
Act of 1986. The regulations propose to authorize district directors to 
make the required determination whether it would be in the best 
interest of the United States to purchase seized property for the 
minimum price. In addition, the regulations propose to set forth 
factors the district director may consider when determining the best 
interest of the United States. The district director may consider all 
relevant facts and circumstances including for example: (1) 
marketability of the property; (2) cost of maintaining the property; 
(3) cost of repairing or restoring the property; (4) cost of 
transporting the property; (5) cost of safeguarding the property; (6) 
cost of potential toxic waste cleanup; and (7) other factors pertinent 
to the type of property.

Special Analyses

    It has been determined that this notice of proposed rulemaking is 
not a significant regulatory action as defined in EO 12866. Therefore, 
a regulatory

[[Page 30013]]

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

Comments and Requests for a Public Hearing

    Before these proposed regulations are adopted as final regulations, 
consideration will be given to any written comments that are submitted 
timely (preferably a signed original and eight (8) copies) to the IRS. 
All comments will be available for public inspection and copying. A 
public hearing may be scheduled if requested in writing by a person 
that timely submits written comments. If a public hearing is scheduled, 
notice of the date, time, and place for the hearing will be published 
in the Federal Register.

    Drafting Information: The principal author of these regulations 
is Kevin B. Connelly, Office of Assistant Chief Counsel (General 
Litigation) CC:EL:GL, IRS. However, other personnel from the IRS and 
Treasury Department participated in their development.

List of Subjects in 26 CFR Part 301

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

Proposed Amendments to the Regulations

    Accordingly, 26 CFR part 301 is proposed to be amended as follows:

PART 301--PROCEDURE AND ADMINISTRATION

    Paragraph 1. The authority citation for part 301 continues to read 
in part as follows:

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

    Par. 2. Section 301.6335-1 is amended as follows:
    1. Paragraph (c)(3) is revised.
    2. Paragraphs (c)(4) through (c)(9) are redesignated as paragraphs 
(c)(5) through (c)(10).
    3. New paragraph (c)(4) is added.
    The additions and revision read as follows:

Sec. 301.6335-1  Sale of seized property.

* * * * *
    (c) * * *
    (3) Determinations relating to minimum price--(i) Minimum price. 
Before the sale of property seized by levy, the district director shall 
determine a minimum price, taking into account the expenses of levy and 
sale, for which the property shall be sold. The internal revenue 
officer conducting the sale may either announce the minimum price 
before the sale begins, or defer announcement of the minimum price 
until after the receipt of the highest bid, in which case, if the 
highest bid is greater than the minimum price, no announcement of the 
minimum price shall be made.
    (ii) Purchase by the United States. Before the sale of property 
seized by levy, the district director shall determine whether the 
purchase of property by the United States at the minimum price would be 
in the best interest of the United States. In determining whether the 
purchase of property would be in the best interest of the United 
States, the district director may consider all relevant facts and 
circumstances including for example--
    (a) Marketability of the property;
    (b) Cost of maintaining the property;
    (c) Cost of repairing or restoring the property;
    (d) Cost of transporting the property;
    (e) Cost of safeguarding the property;
    (f) Cost of potential toxic waste cleanup; and
    (g) Other factors pertinent to the type of property.
    (iii) Effective date. This paragraph (c)(3) applies to 
determinations relating to minimum price made on or after [date final 
regulations are published in the Federal Register].
    (4) Disposition of property at sale--(i) Sale to highest bidder at 
or above minimum price. If one or more persons offer to buy the 
property for at least the amount of the minimum price, the property 
shall be sold to the highest bidder.
    (ii) Property deemed sold to United States at minimum price. If no 
one offers at least the amount of the minimum price for the property 
and the Secretary has determined that it would be in the best interest 
of the United States to purchase the property for the minimum price, 
the property shall be declared to be sold to the United States for the 
minimum price.
    (iii) Release to owner. If the property is not declared to be sold 
under paragraph (c)(4)(i) or (ii) of this section, the property shall 
be released to the owner of the property and the expense of the levy 
and sale shall be added to the amount of tax for the collection of 
which the United States made the levy. Any property released under this 
paragraph (c)(4)(iii) shall remain subject to any lien imposed by 
subchapter C of chapter 64 of subtitle F of the Internal Revenue Code.
    (iv) Effective date. This paragraph (c)(4) applies to dispositions 
of property at sale made on or after [date final regulations are 
published in the Federal Register].
* * * * *
Margaret Milner Richardson,
Commissioner of Internal Revenue.
[FR Doc. 96-14123 Filed 6-12-96; 8:45 am]
BILLING CODE 4830-01-U

Complete official Federal Register PDF

FR Doc. 96-13828 Subsidiaries and Equity Investments
[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Proposed Rules]
[Pages 29976-29992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13828]

========================================================================
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. 115 / Thursday, June 13, 1996 / 
Proposed Rules

[[Page 29976]]

DEPARTMENT OF THE TREASURY

Office of Thrift Supervision

12 CFR Parts 545, 559, 560, 563, 567, 571

[No. 96-47]
RIN 1550-AA88

Subsidiaries and Equity Investments

AGENCY: Office of Thrift Supervision, Treasury.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Office of Thrift Supervision (OTS) is proposing to update, 
reorganize, and streamline its subsidiaries and equity investment 
regulations and policy statements. This proposal follows a detailed 
review of each pertinent regulation and policy statement to determine 
whether it is necessary, imposes the least possible burden consistent 
with safety and soundness, and is written in a clear, straightforward 
manner. Today's proposal is being made pursuant to the Regulatory 
Reinvention Initiative of the Vice President's National Performance 
Review and section 303 of the Community Development and Regulatory 
Improvement Act of 1994.

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

ADDRESSES: Send comments to Manager, Dissemination Branch, Records 
Management and Information Policy, Office of Thrift Supervision, 1700 G 
Street, NW., Washington, D.C. 20552, Attention Docket No. 96-47. These 
submissions may also be hand-delivered to 1700 G Street, NW., from 9:00 
A.M. to 5:00 P.M. on business days or may be sent by facsimile 
transmission to FAX Number (202) 906-7755. Comments will be available 
for inspection at 1700 G Street, NW., from 9:00 A.M. until 4:00 P.M. on 
business days.

FOR FURTHER INFORMATION CONTACT: Debra Merkle, Project Manager, 
Supervision Policy, (202) 906-5688; Donna Miller, Senior Program 
Manager, Supervision Policy, (202) 906-7488; Susan Miles, Senior 
Attorney, Regulations and Legislation Division, (202) 906-6798; Dean 
Shahinian, Senior Counsel for Corporate Activities, Business 
Transactions Division, (202) 906-7289; or Deborah Dakin, Assistant 
Chief Counsel, (202) 906-6445, Regulations and Legislation Division, 
Chief Counsel's Office, Office of Thrift Supervision, 1700 G Street, 
NW., Washington, D.C. 20552.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background of the Proposal
II. Objectives
    A. Create More User-Friendly Subsidiary and Equity Investment 
Regulations
    B. Codify Pass-through Investment Authority
    C. Update the List of Preapproved Activities for Service 
Corporations
    D. Streamline Subsidiary Notice and Application Procedures
    E. Clarify and Simplify Computation of the Service Corporation 
Investment Limit
    F. Clarify What Constitutes a ``Subsidiary'' Under Various 
Regulatory Provisions and, in so Doing, Simplify Calculations of 
Capital
III. Historical Overview
    A. Service Corporations
    B. Finance Subsidiaries
    C. Operating Subsidiaries
    D. Pass-Through Investments
IV. Section-by-Section Analysis
    A. New Part 559--Subsidiaries
    B. Amendments to Proposed New Part 560--Lending and Investment
    C. Disposition of Existing Regulations
V. Chart Showing the Proposed Disposition of Regulations
VI. Request for Comment
VII. Paperwork Reduction Act of 1995
VIII. Executive Order 12866
IX. Regulatory Flexibility Act Analysis
X. Unfunded Mandates Act of 1995

I. Background of the Proposal

    In a comprehensive review of the agency's regulations in the spring 
of 1995, OTS identified numerous provisions for immediate repeal, plus 
several key regulatory areas for further intensive, systematic 
regulatory burden analysis. These areas--lending and investment 
authority, subsidiaries and equity investments, insurance referrals and 
loan-related fees, and charter and bylaws--were selected because they 
are vital to thrift operations, and have not been developed on an 
interagency basis or been comprehensively reviewed for many years. 
Today's proposal presents the results of an intensive review of OTS's 
subsidiary and equity investments regulations and related policy 
statements.
    Since commencing its reinvention initiative in the spring of 1995, 
OTS has already repealed eight percent of its regulations. In addition, 
in January of 1996, OTS issued a comprehensive proposal on its lending 
and investment regulations.1 That proposal, once adopted in final 
form, will reduce the number of lending and investment regulations from 
43 to 23. Burden reduction proposals regarding charter and bylaws and 
insurance referrals and loan-related fees will be issued in the near 
future.
---------------------------------------------------------------------------

    \1\ 61 FR 1162 (January 17, 1996).
---------------------------------------------------------------------------

    Today's proposal regarding subsidiaries and equity investments is 
also expected to result in significant regulatory burden reduction. In 
developing this proposal, OTS considered the relevant regulations, 
guidance, legal interpretations, and reporting requirements of the 
other federal banking agencies. In addition, as with our other 
regulatory reinvention efforts, this proposal was prepared in 
consultation with those who use the regulations on a daily basis, 
including the agency's regional examination staff and a focus group 
composed of representatives of the thrift industry.
    The consensus that emerged from this process is that the primary 
need in the subsidiaries and equity investment area is to enhance 
flexibility and clarify available investment options, as opposed to 
simply eliminating large portions of regulatory text. Thus, although 
today's proposal does call for the elimination of 12 paragraphs of 
regulatory text, the most significant burden reduction is expected to 
result from clarifying investment options and streamlining procedural 
requirements.

II. Objectives

    The overarching goal of OTS's reinvention initiative is to reduce 
regulatory burden on savings associations to the greatest extent 
possible consistent with statutory requirements and safety and 
soundness. In the context of the subsidiary and equity investment 
regulations, we believe that maximum burden reduction can be achieved 
by pursuing the following six specific objectives:

[[Page 29977]]

A. Create More User-Friendly Subsidiary and Equity Investment 
Regulations

    Our first objective is to make it easier for savings associations 
to find and understand the regulations governing subsidiaries and 
equity investments. Industry representatives and other reviewers 
expressed concern that the current subsidiary and equity investment 
regulations are scattered throughout the regulations and are worded in 
a confusing manner. Accordingly, this proposal:
     Reorganizes the regulations for easier reference. New part 
559 consolidates all of the regulations that apply directly to 
subsidiaries. It features a chart to allow ready comparisons of the 
requirements applicable to operating subsidiaries and service 
corporations. This should make it easier for savings associations to 
determine which structure will best meet their needs. The lending and 
investment chart and regulations in proposed part 560 are also being 
expanded to include permissible equity investments.
     Employs plain language drafting. Proposed part 559 
utilizes plain language drafting techniques that have been pioneered by 
the Department of the Interior and promoted by the Vice President's 
Regulatory Reinvention Initiative. If thrifts find this approach 
helpful, OTS will expand the use of plain language drafting to 
encompass other regulatory projects. The goal of plain language 
drafting is to decrease industry frustration, inadvertent errors, the 
need to seek clarification in correspondence and phone calls, and the 
amount of staff time institutions must devote to understanding the 
regulations. Plain language drafting emphasizes the use of informative 
headings, lists and charts where appropriate, short sentences, sections 
and paragraphs, non-technical language (including the use of ``you''), 
and sentences in the active voice.

B. Codify Pass-Through Investment Authority

    Institutions and examiners have also expressed concern that OTS's 
subsidiary and equity investment regulations do not reflect all 
significant investment options. As a result, some institutions may not 
be aware of options that have been recognized in various OTS opinions 
and policy statements.
    The most significant gap in the current regulations concerns pass-
through investment authority. As is explained more fully below, federal 
savings associations have long been permitted to exercise pass-through 
investment authority, that is, to invest in companies that engage 
exclusively in activities that federal savings associations may conduct 
directly. These companies generally are organized as mutual funds or 
limited partnerships. Indirect investments of this type often offer 
important benefits--such as risk spreading, enhanced liquidity, and 
greater investment security (due to any overcollateralization or 
recourse commitment offered by the organizer of the pass-through 
entity).
    Because pass-through investment authority has been discussed in OTS 
opinions and policy statements (rather than the regulations), some 
institutions may be unaware of this investment option and applicable 
restrictions. Even institutions that are aware of the option frequently 
feel the need to write to OTS seeking confirmation or clarification of 
the circumstances under which they may exercise this authority. To 
resolve this uncertainty, OTS proposes to codify pass-through 
investment authority in proposed part 560.

C. Update the List of Preapproved Activities for Service Corporations

    OTS's service corporation regulation contains a list of preapproved 
activities that service corporations of most federal savings 
associations may conduct after notifying OTS. Service corporations 
wanting to engage in activities not on the preapproved list must submit 
a formal application to OTS demonstrating, among other things, that the 
proposed activity is reasonably related to the business of a federal 
thrift.
    The list of pre-approved service corporation activities has not 
been updated for many years. As a result, institutions are often 
required to file applications for activities that are clearly 
reasonably related, but have not yet been added to the preapproved 
list.
    The proposal updates the preapproved list in several respects. 
First, the list is being amended to confirm that all activities that 
federal savings associations may conduct directly are preapproved. This 
general authorization is substituted for the current detailed (but 
incomplete) listing of specific activities that thrifts may conduct 
directly. Second, the proposal broadens the universe of customers for 
whom certain services that are already preapproved may be provided. 
Third, the proposal adds activities that OTS has routinely approved on 
a case-by-case basis and other specific finance-related activities that 
have been authorized for bank service corporations and bank operating 
subsidiaries. Each of these changes is described in more detail below.
    The proposal also reemphasizes OTS's longstanding position that 
federal thrifts may, on a case-by-case basis, apply for approval for 
their service corporations to engage in any activity not on the 
preapproved list that is reasonably related to the operation of a 
thrift. The preapproved list reflects the most common service 
corporation activities and is not intended to be a comprehensive 
statement of every conceivable reasonably related activity.

D. Streamline Subsidiary Notice and Application Procedures

    The industry focus group made the agency aware of confusion over 
subsidiary notice and application requirements, including what 
procedures apply when converting a subsidiary from a service 
corporation to an operating subsidiary or the reverse. Regulations 
governing service corporations were first promulgated in 1965, finance 
subsidiaries in 1984, and operating subsidiaries in 1992. The 
procedures for establishing and operating each type of entity have 
never been thoroughly harmonized.
    Thus, OTS has reviewed these procedural requirements with a view 
toward enhancing consistency and clarity and substituting notices for 
more burdensome applications (or recordkeeping for notices) wherever 
feasible. As a result, the proposal:
     Allows all savings associations to establish or acquire 
operating subsidiaries upon 30 days notice to OTS. Under current 
regulations, all but the strongest institutions must submit an 
application for prior OTS approval to establish an operating 
subsidiary. As part of this application, institutions must 
affirmatively demonstrate that the proposed operating subsidiary will 
improve the institution's financial and managerial condition. By 
contrast, the strongest institutions (i.e., those eligible for 
expedited treatment under 12 CFR 516.3(a)) need only notify OTS 30 days 
before establishing an operating subsidiary and, unless OTS objects, 
can establish their subsidiaries at the end of that period. Based on 
the agency's experience with operating subsidiaries, we have concluded 
that the 30-day notice procedure provides adequate information and 
opportunity to object whenever an operating subsidiary is proposed by 
any federal thrift--especially since operating subsidiaries can only 
engage in activities that federal thrifts may conduct directly. 
Accordingly, OTS is proposing to apply the notice procedure to all 
federal thrifts who wish to form operating subsidiaries.

[[Page 29978]]

     Clarifies the procedures for redesignating a subsidiary as 
an operating subsidiary or a service corporation. The current 
regulations are unclear about how and when a service corporation may be 
converted into an operating subsidiary, or an operating subsidiary into 
a service corporation, and whether a notice or application must be 
filed with OTS. Both operating subsidiaries and service corporations 
are incorporated under state law. The distinctions based on ownership, 
control, and activities that separate an operating subsidiary from a 
service corporation for OTS regulatory purposes do not affect this 
underlying corporate form. OTS, therefore, has taken the position that 
merely redesignating a service corporation as an operating subsidiary 
or vice versa, without adding new activities, does not constitute an 
event requiring notice or application to OTS. The proposal makes this 
position clear by establishing explicit, streamlined recordkeeping 
provisions to document all such redesignations.
     Streamlines salvage power procedures affecting service 
corporations. Under the current regulations, a savings association must 
file an application and obtain formal OTS approval before using its 
salvage powers to make an additional investment to protect its interest 
in a troubled service corporation. The proposal allows a savings 
association to file a notice in lieu of a formal application. Under the 
proposal, institutions will be permitted to proceed with salvage 
investments in service corporations within 30 days of filing notice, 
unless the OTS raises objection.

E. Clarify and Simplify Computation of the Service Corporation 
Investment Limit

    Section 5(c)(4)(B) of the Home Owners' Loan Act (HOLA) limits a 
federal savings association's aggregate investment in service 
corporations to 3% of total assets. The implementing regulations have 
long provided that all loans to service corporations count toward this 
investment limit, except for ``conforming loans.'' The amount of 
conforming loans that qualify for exclusion from the 3% limit varies on 
the basis of whether the lending institution owns more than 10% of the 
stock of the borrowing service corporation.
    Institutions have expressed frustration at the complexity and 
ambiguity of these service corporation investment rules. Accordingly, 
today's proposal clarifies which loans to service corporations may be 
considered separately from the general statutory service corporation 
investment limit of 3% of assets (see the discussion of proposed 
Sec. 559.4 below for details). The proposal also removes the confusing 
distinctions tied to a thrift's percentage ownership of the service 
corporation. A single rule regarding the amount of qualifying loans to 
service corporations that will be exempt from the 3% investment cap 
will be applied to all federal thrifts regardless of percentage of 
ownership of the service corporation.

F. Clarify What Constitutes a ``Subsidiary'' Under Various Regulatory 
Provisions and, in so Doing, Simplify Calculations of Capital

    Another concern expressed by the industry focus group was the 
complexity of determining the appropriate amount of capital to be held 
against service corporation investments, especially when the service 
corporation itself has investments in lower-tier entities. A further 
complication is that the HOLA ties OTS regulations in the areas of 
transactions with affiliates, lending limits, and capital to a variety 
of banking statutes and regulations that in turn define ``subsidiary'' 
differently and not entirely consistently.
     Defines ``subsidiary'' in a manner that is more consistent 
with the other banking agencies. The proposal adopts the same 
definition of ``subsidiary'' used by the other banking agencies for 
purposes of transactions with affiliates, lending limits, and notices 
regarding subsidiaries. The proposal also modifies the capital 
definition of ``subsidiary'' to follow Generally Accepted Accounting 
Principles (GAAP) and to be more consistent with the other federal 
banking agencies. Currently, the OTS employs a definition of 
``subsidiary'' for capital purposes that is far more encompassing than 
the definitions used by the other banking agencies and GAAP. This 
sometimes results in higher capital requirements for thrifts.
     Defines ``includable subsidiary'' in a manner that 
eliminates overstatement of the risk presented by lower-tier 
nonincludable subsidiaries. Under the current capital regulations (as 
interpreted by instructions in the Thrift Financial Report), a savings 
association's investment in a first-tier subsidiary engaged exclusively 
in activities permissible for national banks must be completely 
deducted from capital if a lower-tier subsidiary engages in any 
activity impermissible for a national bank. Deduction is required even 
when the first-tier subsidiary's investment in the lower-tier 
subsidiary constitutes a tiny portion of its total assets. Under the 
proposal, savings associations will only be required to deduct the 
actual amount of their indirect investment in the lower-tier 
nonincludable subsidiary.
    The OTS is hopeful that the foregoing reforms, taken as a whole, 
will result in a significant decrease in the regulatory burden 
associated with establishing and operating thrift subsidiaries and 
making pass-through equity investments. The remainder of this preamble 
provides a historical overview of the regulation of thrift subsidiaries 
and a detailed section-by-section description of the proposed 
amendments.

III. Historical Overview

    Regulations affecting the ability of savings associations to invest 
in service corporations and other subsidiaries and to make limited 
equity investments have evolved over the past 30 years in response to 
changes in statutes, competition, and the financial markets. The result 
has been increased flexibility in service corporation activities and in 
the permissible form of corporate structures (e.g., finance 
subsidiaries and operating subsidiaries). With this increased 
flexibility, however, has come added complexity and elements of 
inconsistency.
    In order to provide a context for OTS's current proposal, a brief 
history of key developments in the subsidiary and equity investment 
authority of federal thrifts is provided.

A. Service Corporations

    In 1964, Congress authorized federal savings associations to invest 
up to one percent of their assets in service corporations.2 The 
statute did not limit the types of activities in which such service 
corporations could engage. The accompanying legislative history noted, 
however, that such investments were expected to be reasonably related 
in purpose to the savings and loan business.3 This standard was 
incorporated into the implementing regulations of the Federal Home Loan 
Bank Board (FHLBB), the predecessor regulatory agency to the OTS. The 
FHLBB regulations expressly indicated that certain service corporation 
activities met the reasonably related standard and established an 
application process for considering other proposed activities. This 
allowed federal savings associations and the agency to gain experience 
in identifying appropriate service corporation activities.
---------------------------------------------------------------------------

    \2\ Pub. L. 88-560, section 905, amending 12 U.S.C. 1464.
    \3\ H. Rep. 1703, 1964 U.S. Code Congressional and 
Administrative News 3444.
---------------------------------------------------------------------------

    The HOLA was amended in 1980 to expand the authority of federal 
savings

[[Page 29979]]

associations ``to act as one-stop family financial centers'' 4 and 
to increase the amount a federal savings association could invest in 
its service corporations from one percent to a maximum of three percent 
of its assets.5
---------------------------------------------------------------------------

    \4\ S. Rep. 96-368 at 13, 1980 U.S. Code Congressional and 
Administrative News 248. See also 45 FR 85049 (Dec. 24, 1980).
    \5\ Depository Institutions Deregulation and Monetary Control 
Act of 1980, Pub. L. 96-221, 94 Stat. 132, section 401, amending 12 
U.S.C. 1464(c)(4)(B).
---------------------------------------------------------------------------

    In December 1980, the FHLBB proposed to update the list of 
preapproved activities for service corporations.6 In determining 
which activities were appropriate for preapproval, the FHLBB ``examined 
activities that have been approved consistently for service 
corporations upon application to the Board, newly authorized activities 
for Federal associations, and the present needs of the residential 
mortgage market.'' 7 This list of preapproved activities remains 
in effect today,8 with only a few additions and modifications, 
such as securities brokerage services (added in 1989).9
---------------------------------------------------------------------------

    \6\ 45 FR 85048 (Dec. 24, 1980) (proposed rule); 46 FR 24526 
(May 1, 1981) (final rule).
    \7\ 45 FR at 85049.
    \8\ In 1982, the FHLBB proposed a much broader list of potential 
preapproved activities, 47 FR 9855 (March 8, 1982), but did not 
adopt the proposal in the wake of the Garn-St Germain Depository 
Institutions Act of 1982 (DIA), which significantly expanded federal 
savings association activities. The FHLBB did add personal property 
leasing and commercial lending (activities that the DIA had 
authorized for federal savings associations) and rearranged the list 
for ease of reference, 48 FR 23032 (May 23, 1983).
    \9\ 54 FR 32954 (Aug. 11, 1989).
---------------------------------------------------------------------------

    In 1989, the Financial Institutions Reform, Recovery, and 
Enforcement Act (FIRREA) mandated that OTS adopt capital regulations 
requiring substantial amounts of additional capital to be held against 
thrifts' investments in subsidiaries, such as service corporations, 
that engaged as principal in activities not permissible for national 
banks. The OTS adopted these regulations in November, 1989.
    No new activities have been added to the preapproved list since 
1989, although the OTS has continued to receive, review, and process 
applications to engage in new activities on a case-by-case basis.
    Thus, the same basic regulatory structure for service corporations 
first established in 1964--a list of preapproved activities, coupled 
with authorization to apply to engage in any other reasonably related 
activities--has continued until the present. Nothing in today's 
proposal would alter this basic structure. Instead, OTS is proposing to 
update the preapproved list, clarify how to compute the service 
corporation investment limit, and simplify the capital treatment of 
investments in subsidiaries.

B. Finance Subsidiaries

    In 1984, the FHLBB recognized a federal savings association's 
incidental authority to establish finance subsidiaries.10 These 
entities are dedicated financing vehicles created to issue securities 
that the parent association is authorized to issue and to remit the 
proceeds to the parent. The securities issued via finance subsidiaries 
have typically been collateralized mortgage obligations, mortgage-
backed bonds or Eurobonds backed by mortgages or mortgage-related 
securities. The finance subsidiary regulation has fallen into disuse 
since OTS promulgated the operating subsidiary regulation. Operating 
subsidiaries can do all that finance subsidiaries can do and more. 
Thus, we are proposing to repeal the finance subsidiary rule.
---------------------------------------------------------------------------

    \10\ 49 FR 29357 (July 20, 1984).
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C. Operating Subsidiaries

    In October, 1992, the OTS authorized federal savings associations 
to establish operating subsidiaries.11 Thrift operating 
subsidiaries were modeled on national bank operating subsidiaries. 
Under the OTS operating subsidiary regulation, a federal thrift may 
make unlimited investments in an operating subsidiary, provided the 
thrift is the majority owner and has effective operating control and 
the subsidiary engages only in activities that the thrift could conduct 
directly. Unlike service corporations, operating subsidiaries can issue 
minority ownership interests to investors that are not savings 
associations. Thus, operating subsidiaries offer federal thrifts 
greater structural flexibility. Unlike service corporations, however, 
operating subsidiaries can only do what a federal thrift could do 
directly.
---------------------------------------------------------------------------

    \11\ 57 FR 48942 (Oct. 29, 1992).
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D. Pass-Through Investments

    Finance subsidiaries and operating subsidiaries are examples of 
pass-through investments. In both instances, a savings association 
acquires an interest in a company that in turn engages exclusively in 
activities that the savings association can perform directly. However, 
pass-through investment options have not been restricted to operating 
subsidiaries and finance subsidiaries.
    In 1982, the FHLBB issued a legal opinion, which was followed by a 
policy statement in 1986, recognizing that federal thrifts have 
incidental authority to invest indirectly in permissible 
investments.12 In other words, federal thrifts can purchase shares 
of a mutual fund, a partnership interest in a limited partnership, or 
interests in a similar investment vehicle, provided the pass-through 
entity's activities are limited to those a federal thrift could conduct 
directly. At about the same time, the OCC, through legal opinions and 
guidance, authorized similar investments for national banks.
---------------------------------------------------------------------------

    \12\ Memorandum T-79a, issued on June 10, 1986, memorialized 
this authority. T-memoranda issued by the FHLBB were the 
counterparts of OTS Thrift Bulletins. Memorandum T-79a has not been 
superseded by a later Thrift Bulletin.
---------------------------------------------------------------------------

    These types of pass-through investments do not count against 
service corporation limits, nor are they deemed to be operating 
subsidiaries. The pass-through entity must comply with the same 
restrictions that would apply if the thrift engaged in the activity or 
held the asset directly. Additional restrictions have been imposed on a 
case-by-case basis. These include limiting the amount of investment 
that a thrift can make in any one pass-through entity to the amount 
that would be permitted under the loans to one borrower (LTOB) rule. 
(Pass-through investment authority has recently proven to be an 
important vehicle for authorizing several community development 
investments, such as purchasing limited partnership interests in Low 
Income Housing Tax Credit partnerships.)
    Several other legal opinions have authorized federal savings 
associations (like national banks) to invest, with certain 
restrictions, in certain ``special purpose corporations'' that engage 
exclusively in activities federal savings associations may conduct 
directly. To date, such corporations have been used to enable thrifts 
to pool resources with others to obtain basic support services (such as 
data processing and ATM operations) free from the operating subsidiary 
control requirement and the service corporation investment limits.
    One of the key objectives of today's proposal is to rationalize and 
harmonize these various pass-through investment options. Codification 
of these options will ensure industry awareness, reduce confusion, and 
facilitate consistent application of relevant safety and soundness 
standards.

IV. Section-by-Section Analysis

A. New Part 559--Subsidiaries

    OTS proposes to adopt a new part 559, Subsidiaries, that will 
include all of the agency's regulations affecting

[[Page 29980]]

federal thrift subsidiaries, that is, operating subsidiaries and 
service corporations. The agency believes this action will make it much 
easier for savings associations to find and use these regulations. This 
new part will utilize techniques of ``plain language'' drafting, 
employing simple expression and short sentences to the full extent 
possible.
Section 559.1  What Does This Part Cover? (Proposed)
    This proposed section explains the scope of new part 559 and sets 
forth OTS's basic statutory authority over operating subsidiaries and 
service corporations. The section first explains which regulations in 
part 559 apply only to federal savings associations and which apply to 
all savings associations. It then incorporates into one place language 
from current Secs. 545.74(b)(5) and 545.81(h) regarding limits that OTS 
may impose on subsidiary activities for supervisory, safety or 
soundness, or legal reasons.
    Proposed Sec. 559.1 also incorporates language from current 
Sec. 545.81(i). That paragraph provides that the OTS may impose 
conditions in writing when authorizing a federal thrift to acquire or 
establish an operating subsidiary or to engage in new activities in an 
existing operating subsidiary and that such conditions are enforceable. 
This statement is true for conditions OTS imposes in all of its 
approvals and authorizations, not just those involving operating 
subsidiaries. The regulation merely makes explicit what is already 
implicit in OTS's safety and soundness jurisdiction.
Subpart A--Regulations Applicable to Federal Savings Associations 
(Proposed)
    This subpart will contain regulations directly applicable only to 
operating subsidiaries and service corporations of federal savings 
associations. The subpart may indirectly apply to operating 
subsidiaries and service corporations of state-chartered savings 
associations by virtue of various statutory and regulatory provisions 
that tie state savings associations to certain requirements applicable 
to federal thrifts.13
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    \13\ See 12 U.S.C. 1828(m) and 1831e, and 12 CFR 303.13.
---------------------------------------------------------------------------

Section 559.2  What Are the Characteristics of, and What Requirements 
Apply to, Operating Subsidiaries and Service Corporations of Federal 
Savings Associations? (Proposed)
    Proposed Sec. 559.2 authorizes federal savings associations to 
establish or acquire operating subsidiaries and service corporations. 
The introductory text explains that OTS may limit this authority for 
supervisory, legal, or safety and soundness reasons.
    The majority of proposed Sec. 559.2 takes the form of a chart that 
lists, in a side-by-side format, the different characteristics of, and 
requirements that apply to, operating subsidiaries and service 
corporations. These include ownership, activities, investment limits, 
the applicability of other federal statutes and regulations, and 
notices. The chart reiterates that in addition to preapproved service 
corporation activities, a federal thrift may continue to apply to the 
OTS for case-by-case approval to engage in any activity that is 
reasonably related to the operation of a thrift.The regulation also 
confirms that state law is preempted for operating subsidiaries to the 
same extent as it is for the parent federal savings association, as has 
been the case since operating subsidiaries were first authorized. 
However, state law is not preempted for service corporations.
    Where appropriate, and for ease of reference, the subsidiaries 
chart cross-references other applicable OTS regulations that have been 
the subject of frequent questions to the agency. The chart is derived 
in large part from the current regulations at 12 CFR 545.74 and 12 CFR 
545.81. OTS expects that this format will make it easier for a federal 
savings association to compare these two structures and determine which 
best fits the association's needs.
Section 559.3  What Activities Are Permissible for Service 
Corporations? (Proposed)
    This section replaces the list of preapproved activities found in 
current Sec. 545.74(c). OTS proposes to revise the list of preapproved 
activities to:
     Specifically affirm that any activity a federal thrift may 
conduct directly, except deposit-taking, is preapproved for a service 
corporation, when conducted in the same manner as allowed at the 
federal savings association level. This includes all activities listed 
in the HOLA and proposed part 560, as well as other incidental powers 
addressed in OTS legal opinions and guidance. As a result, OTS proposes 
to delete various activities from the preapproved list that federal 
thrifts are obviously permitted to conduct (e.g., lending) and to 
reiterate only those activities the service corporation may conduct 
without being subject to the same limitations that would apply to the 
federal savings association (e.g., data processing services and 
leasing). As set forth in the subsidiaries chart at Sec. 559.2(i), 
investments made by service corporations are not aggregated with the 
parent thrift for purposes of determining the parent thrift's 
compliance with any investment limits, such as those that appear in 
section 5(c) of the HOLA. For example, the educational loans made by a 
service corporation do not count against the parent thrift's 
educational lending cap (5% of assets).
     Include certain activities that the OTS already routinely 
approves on a case-by-case basis (i.e., foreign currency exchange, 
operating a collection agency, and distributing welfare benefits).
     Specifically include community development and charitable 
activities, including investing in community development financial 
institutions.
     Allow business and professional activities that involve 
financial documents, financial clients, or are generally finance-
related to be performed for any person. These activities--clerical, 
accounting, and internal auditing services, advertising, liquidity 
management and credit analysis, developing personnel benefit plans, 
establishing and maintaining remote service units, and purchasing 
office supplies and equipment--currently have been preapproved only 
when performed for other financial institutions.
     Expand the list to include a limited number of services 
that have not been previously authorized, but are reasonably related to 
the operation of a federal savings association and have been permitted 
for bank operating subsidiaries and bank service corporations. These 
include financial courier services and check and credit card guaranty 
and verification services.
    OTS seeks comment on whether certain other activities that have 
been permitted only upon application, such as acting as an insurance 
agent for private mortgage insurance, or underwriting insurance or 
reinsurance, should be preapproved activities for service corporations.
Section 559.4  How Much May a Savings Association Invest in Service 
Corporations? (Proposed)
    This proposed section replaces current Sec. 545.74(d). It 
reiterates that a savings association may invest in the

[[Page 29981]]

aggregate 3% of its assets in one or more service corporations as long 
as the excess investment over 2% serves primarily community, inner 
city, or community development purposes. In addition, the proposal 
revises and significantly simplifies the rules governing when a federal 
savings association may make loans to service corporations separate 
from the 3% of assets limit. Such loans are only permitted when:
    (1) The federal savings association has the authority elsewhere 
under the HOLA to make the loan;
    (2) The thrift has adequate capacity under any applicable 
percentage of assets limit to make the loan (e.g., 10% of assets for 
commercial loans); and
    (3) The loan complies with the loans-to-one borrower 
regulation.14
---------------------------------------------------------------------------

    \14\ The LTOB regulation is also being amended to clarify that 
it does apply to service corporations. It will remain inapplicable 
to a savings association's loans to its operating subsidiaries.
---------------------------------------------------------------------------

    This proposed treatment is more consistent with the OCC's treatment 
of loans to bank service corporations. It would remove the current 
aggregate regulatory limit of 50% of capital on loans to multiple 
service corporations, but subjects loans to any one service corporation 
to the LTOB requirements. A thrift (like a bank) would be able to 
exceed this limit only when making loans to a service corporation that 
are secured with exceptionally high quality collateral.
Subpart B--Regulations Applicable to All Savings Associations 
(Proposed)
Section 559.10  What Must a Savings Association and Its Subsidiary Do 
To Maintain Separate Corporate Identities?
    This section describes what a savings association and its 
subsidiaries must do to establish that they have separate identities. 
The purpose for these requirements is to reduce the potential for 
customer confusion or for a court to hold the parent liable for the 
subsidiary's conduct or obligations. The requirements are derived from 
current Secs. 545.81(f), 563.37, and 571.21.
Section 559.11  What Notices Are Required To Establish or Acquire a New 
Subsidiary or Engage in New Activities Through an Existing Subsidiary?
    This section combines and streamlines the overlapping notice 
requirements currently contained in Secs. 545.74(b)(2), 545.81(c), and 
563.37(c).
Section 559.12  How May a Subsidiary of a Savings Association Issue 
Securities?
    This section replaces current Sec. 563.132 and reiterates its basic 
requirement: a savings association must notify OTS before a subsidiary 
issues securities. The section also incorporates requirements from 
existing Sec. 545.82, requiring that securities issued by all 
subsidiaries indicate that they are not covered by federal deposit 
insurance and may not be called or accelerated in the event of the 
savings association's insolvency.
Section 559.13  How May a Savings Association Exercise Its Salvage 
Power in Connection With Its Service Corporation?
    This section replaces the application procedure of current 
Sec. 563.38 with a 30-day notice requirement. In its notice, an 
institution must fully document its additional investment in a manner 
that demonstrates how its action is consistent with safety and 
soundness and document other salvage alternatives considered. The 
agency may take objection to, or grant conditional approval of, a 
notice to exercise salvage power to assist a troubled service 
corporation.

B. Amendments to Proposed New Part 560--Lending and Investment

    OTS is also proposing to add provisions dealing with subsidiary and 
equity-related investments to proposed new part 560--Lending and 
Investments.
Section 560.30  General Lending and Investment Powers for Federal 
Savings Associations
    In the interest of completeness, OTS proposes to add several 
equity- and subsidiary-related investments to the lending and 
investment powers chart contained in this regulation. The chart will 
now include investments in small business investment corporations 
chartered pursuant to section 301(d) of the Small Business Act, open-
end management investment companies, and service corporations.
Section 560.32  Pass-Through Investments
    This new section will codify federal savings associations' 
authority to invest in entities, such as limited partnerships and 
mutual funds, that hold only assets, and engage only in activities, 
permissible for federal savings associations. Unlike an operating 
subsidiary, a thrift does not have effective operating control over 
such investments. To allow thrifts flexibility while maintaining 
effective OTS supervision of such investments, OTS proposes to 
establish a safe harbor. Investments made in accordance with the safe 
harbor standards will not require advance notice to OTS. Under the safe 
harbor, a federal savings association may invest up to 15% of its 
capital without prior OTS approval in:
    (1) A limited partnership;
    (2) An open-end management investment company (mutual fund);
    (3) A closed-end investment trust; or
    (4) An entity in which the federal savings association invests 
primarily to use the services provided (e.g., data processing);

so long as the entity in which the investment is made:
    (1) Is engaged solely in activities in which the federal savings 
association itself may engage directly; and
    (2) Would not be controlled by the savings association;

and the thrift:
    (1) Has liability limited to the amount of its investment;
    (2) Has adequate capacity within the relevant HOLA investment 
category (e.g., 10% of assets for commercial loans);
    (3) Is able to monitor internal managerial controls to ensure they 
are equivalent to those the thrift would be required to have in place 
if engaging in the activity directly; and
    (4) Does not, after making the investment, have more than 50% of 
its capital invested in pass-through investments.
    A savings association must provide written notice to OTS before 
making any pass-through investment that does not meet the foregoing 
standards. OTS will review these notices and may object or impose 
conditions for supervisory, legal, or safety and soundness reasons.
    This structure will clarify the rules applicable to pass-through 
investments, thereby enhancing savings association access to this 
investment option and establishing uniform safety and soundness 
constraints. This structure will ensure that the OTS is aware of, and 
has opportunity to object, to any move by a thrift to place significant 
amounts of its assets under the operating control of third parties.
    OTS solicits comments on whether other structures, such as limited 
liability companies, should be preapproved.
Section 560.33  De Minimis Investments
    OTS and its predecessor have long recognized that a federal savings 
association's incidental powers include the ability to make charitable 
contributions that assist its community. In the past, thrifts have 
sometimes requested permission to make (and book) de minimis equity 
investments in community organizations in an amount

[[Page 29982]]

equal to what they could otherwise directly contribute. To further 
thrifts' community development activities, OTS proposes to add a 
section specifically confirming that a federal savings association may 
make these types of de minimis investments. The proposed regulation 
provides that the investments must be of a type that would be 
permissible for a national bank under 12 CFR Part 24 and in the 
aggregate may not exceed the greater of $100,000 or one-fourth of 1% of 
a thrift's total capital.

C. Disposition of Existing Regulations

Part 545 Operations (Federal Savings Associations)
Section 545.74  Service Corporations
    Paragraph (a) of Sec. 545.74 defines terms specific to the service 
corporation section. The OTS is proposing to remove this paragraph. The 
operative provisions of new part 559 will cover the matters now 
addressed by the definitions.
    Paragraph (b) begins by restating the broad statutory authority of 
federal savings associations under section 5(c)(4)(B) of the HOLA to 
invest in service corporations that are organized under the laws of the 
state in which the association's home office is located. This authority 
will be incorporated into the proposed lending/investment chart in part 
560, with a cross-reference to the more extensive provisions contained 
in proposed part 559.
    Paragraphs (b)(1)-(5) set forth general notice, application, 
examination, and activities provisos. The proposed subsidiaries chart 
at Sec. 559.2(e)(2) incorporates the requirement in paragraph (b)(1) 
that a service corporation's activities be either pre-approved by 
regulation or specifically approved by application. The OTS proposes to 
move the notice requirements contained in paragraph (b)(2) into new 
Sec. 559.11. Paragraph (b)(3) requires weaker savings associations to 
apply to OTS for permission to engage in any activities beyond what a 
federal savings association may conduct directly. This requirement has 
been incorporated into proposed Sec. 559.2(e)(2)(ii). The examination 
requirement currently found in paragraph (b)(4) will be included in the 
subsidiaries chart at Sec. 559.2(o)(2). The restriction on activities 
where OTS has supervisory objections contained in paragraph (b)(5) has 
been incorporated into the introductory text of Sec. 559.1.
    Paragraph (c) of Sec. 545.74 first sets forth the OTS's general 
rule that federal savings associations may invest in service 
corporations that can engage in such activities reasonably related to 
the activities of federal associations as the OTS may approve. The OTS 
proposes to retain this general rule and move it to the new 
subsidiaries chart at Sec. 559.2(e)(2). Paragraph (c) next explains how 
to apply for approval to engage in such activities. OTS proposes to 
incorporate this requirement into the chart at Sec. 559.2(e)(2)(iii).
    The next sentence in paragraph (c) authorizes service corporations 
of most savings associations to engage in the listed preapproved 
activities upon satisfying a notice requirement. This requirement has 
been moved to Sec. 559.2(e)(2)(i).
    Finally, paragraph (c) lists the preapproved activities. The 
proposal would replace this list with a revised, updated compilation of 
new preapproved activities. For example, currently, a variety of 
activities that a federal savings association itself may conduct are 
scattered throughout the list as preapproved for service corporations. 
Instead of individually listing these activities, the proposal simply 
preapproves for service corporations all activities that a thrift may 
conduct directly, other than taking deposits. The list would be 
reorganized by grouping related activities and moving the list to 
proposed Sec. 559.3, as discussed more fully in section IV.A. of this 
preamble.
    Paragraph (c)(4) contains safeguards that apply to securities 
brokerage activities of service corporations. These safeguards will 
remain in that paragraph, with one exception, while OTS considers 
whether to incorporate them into new part 559, or modify the safeguards 
and apply them to all securities sales programs taking place on thrift 
premises by subsidiaries, affiliates, and broker dealers. OTS is 
proposing to remove paragraph (c)(4)(ii)(F), which has barred savings 
associations (not their service corporations) from contracting with 
third parties for securities brokerage activities. This restriction 
predates the 1994 Interagency Guidelines on Retail Sales of Nondeposit 
Investment Products. The Guidelines now contain safeguards to ensure 
that any contractual relationship with a third-party broker-dealer will 
be conducted in a proper manner. Thus, paragraph (c)(4)(ii)(F) has 
become unnecessary. Removing this restriction will provide thrifts with 
greater flexibility in structuring operations involving the sale of 
nondeposit investment products.
    Paragraph (d) addresses the permissible aggregate amount of 
investments in, or loans to, service corporations by a federal thrift. 
The HOLA specifically authorizes thrifts to invest up to 3% of their 
assets in the stock and obligations of service corporations (generally, 
2% undesignated authority plus an additional 1% for community-
development). Since 1970, the regulations have allowed a federal thrift 
to make additional loans to its service corporations if the thrift has 
the authority under the HOLA to make the same loan to a third party. 
This lending authority has been subject to limitations that changed 
over time, but has always been separate and apart from the 3% of assets 
limitation.
    For example, the current regulatory provisions allow a federal 
thrift to make ``conforming loans'' of up to 100% of its capital to any 
service corporation in which the thrift has an ownership interest of 
less than 10%, with no aggregate limit. A separate aggregate limit of 
50% of capital applies to loans made to all other service corporations. 
``Conforming loans'' is broadly defined at Sec. 545.74(a)(2) as any 
type of loan a federal savings association may make except for 
nonconforming real estate loans and unsecured construction loans. Thus, 
if a thrift currently has only one wholly-owned service corporation, it 
may, to the extent it has commercial loan authority available under the 
statutory 10% of assets limit, make commercial loans to its service 
corporation of up to 50% of its capital.
    When these provisions were last substantively amended in 1985, the 
100% of capital limit paralleled the then-existing LTOB limit. The 
percentage limits in the regulation do not reflect the new lower LTOB 
limit of 12 CFR 563.93, although paragraph (d) does state that these 
loans are subject to any applicable LTOB requirements. The LTOB 
regulation itself, however, states that it does not apply to loans made 
to subsidiaries.
    As the foregoing overview indicates, the rules governing service 
corporation investment limits and conforming loans are needlessly 
complex and confusing, and in some respects inconsistent. The OTS 
proposes to substantially revise and simplify these rules and 
incorporate them into new Sec. 559.4, as discussed more fully in 
Section IV.A. of this preamble.
    Paragraph (e) describes the circumstances under which a federal 
savings association must dispose of its investment in a service 
corporation. The OTS proposes to retain this paragraph in the new 
subsidiaries chart as Sec. 559.2(q)(2).

[[Page 29983]]

Section 545.76  Investment in Open-End Management Investment Companies
    Paragraph (a) reiterates the HOLA's statutory grant of authority to 
federal savings associations to buy, sell or otherwise deal in 
registered securities of any open-end management investment company 
that restricts its portfolio to investments that federal savings 
associations may buy, sell or otherwise deal in without limitation as 
to percentage of assets.15 The OTS proposes to incorporate this 
provision into the lending and investment chart in proposed 
Sec. 560.30. An endnote to that chart will indicate that federal 
thrifts may be able to invest limited amounts in a broader range of 
pass-through investments under proposed new Sec. 560.32.
---------------------------------------------------------------------------

    \15\ 12 U.S.C. 1464(c)(1)(Q).
---------------------------------------------------------------------------

    Paragraph (b) provides that the maximum investment a federal thrift 
may make in any one open-end management investment company is limited 
to 5% of total assets. Paragraph (b) also applies the regulatory 
limitations imposed on a federal thrift's investments in commercial 
paper and corporate debt securities to the commercial paper and 
corporate debt securities investments of open-end management investment 
companies in which thrifts invest. The OTS proposes to remove paragraph 
(b) because its subject matter will be covered by the pass-through 
investment provisions of proposed new Sec. 560.32.
Section 545.80  Small Business Investment Corporations
    Section 545.80 reiterates section 5(c)(4)(D) of the HOLA's grant of 
statutory authority for federal savings associations to invest in small 
business investment corporations pursuant to section 301(d) of the 
Small Business Investment Company Act of 1958. The proposal moves this 
section into the proposed lending and investment powers chart in 
Sec. 560.30.
Section 545.81  Operating Subsidiaries
    Paragraph (a) sets forth federal savings associations' authority to 
establish or acquire operating subsidiaries subject to certain 
requirements. The OTS proposes to incorporate this paragraph into the 
introductory text of Sec. 559.2.
    Paragraph (b) defines the term ``operating subsidiary.'' The 
substance of this definition would be covered in the proposed 
subsidiaries chart as Sec. 559.2 (c)(1) and (e)(1).
    Paragraph (c) spells out the notice and application requirements 
that a federal savings association must meet to acquire or establish an 
operating subsidiary. Paragraph (c)(1) contains requirements for 
federal savings associations that are eligible for ``expedited 
treatment'' in the processing of applications as defined in Sec. 516.3. 
Paragraph (c)(2) covers requirements for all other federal savings 
associations. In general, institutions that qualify for expedited 
treatment need only give 30 days notice to OTS before establishing an 
operating subsidiary, whereas other institutions must file an 
application and obtain advance approval. OTS proposes to apply the 
notice procedure to all institutions. Because operating subsidiaries 
can only engage in activities that are permissible for federal thrifts 
themselves, requiring a formal application and advance approval seems 
unduly burdensome. OTS can always object during the 30-day notice 
period in the unlikely event that an operating subsidiary proposal 
raises concerns.
    Paragraph (c)(3) addresses the additional notice requirements of 
section 18(m) of the FDIA, the regulations associated with section 
18(m) and all applicable clearances under those requirements. The 
notice requirements will be consolidated with similar requirements for 
all subsidiaries and moved into the new notice Sec. 559.11.
    Paragraph (d) details the conditions under which a federal savings 
association may convert its service corporation to an operating 
subsidiary. The OTS proposes to substantially simplify this paragraph 
and incorporate the conditions in new Sec. 559.2(p).
    Paragraph (e) indicates that all federal laws, regulations and 
policies of the OTS covering the operations of federal thrifts apply to 
the operations of operating subsidiaries. The paragraph also requires 
consolidation of the parent association and its operating subsidiary 
for application of statutory and regulatory requirements and 
limitations, unless otherwise provided by statute, regulation or OTS 
policy. OTS proposes to incorporate the substance of this paragraph 
into the subsidiaries chart at Sec. 559.2(h)(1).
    Paragraph (f) subjects operating subsidiaries and their parent 
federal savings associations to the same separate corporate existence 
requirements as apply to service corporations of savings associations 
under 12 CFR 571.21 and 563.37. As discussed below, OTS proposes to 
consolidate these overlapping sections into a new Sec. 559.10.
    Paragraph (g) subjects each operating subsidiary to the same 
examination and supervision authority as its parent federal savings 
association. This requirement will be included in the subsidiaries 
chart at Sec. 559.2(o)(1).
    Paragraph (h) provides that OTS may limit, at any time, the 
activities of an operating subsidiary for supervisory or legal reasons. 
OTS proposes to place this provision in Sec. 559.1(a).
    Paragraph (i) sets forth OTS's authority to impose conditions on an 
operating subsidiary for supervisory, legal or safety and soundness 
reasons. This authority has also been inherent in the review of the 
establishment of, or commencement of new activities by, service 
corporations, but has not been specifically set forth in regulation. 
The OTS proposes to move this paragraph to Sec. 559.1(b), where it will 
explicitly apply to all conditions contained in all approvals affecting 
subsidiaries.
    Paragraph (j) authorizes parent savings associations to own a 
deposit-taking operating subsidiary under certain conditions. This 
authority would be retained and included in the proposed subsidiaries 
chart at Sec. 559.2(e)(1)(ii).
    Paragraph (k) addresses changing from an operating subsidiary to a 
service corporation. The OTS proposes to incorporate this provision 
into the subsidiaries chart at Sec. 559.2(p), where the rules governing 
changes from a service corporation to an operating subsidiary will also 
be stated.
Section 545.82  Finance Subsidiaries
    Section 545.82 authorizes federal savings associations to establish 
subsidiaries solely for the purpose of issuing securities that the 
thrift may issue directly. Thrifts were authorized to establish finance 
subsidiaries before being authorized to establish operating 
subsidiaries. Because operating subsidiaries may perform the same 
activities as finance subsidiaries without as many restrictions, the 
OTS proposes to delete this section as redundant and obsolete, except 
for paragraphs (d)(2) and (d)(3). Paragraph (d)(2) of current 
Sec. 545.82 prohibits a finance subsidiary from issuing or dealing in 
the deposits or savings accounts of its parent federal savings 
association and from representing in any way that securities issued by 
it are insured by the Federal Deposit Insurance Corporation. Paragraph 
(d)(3) prohibits a finance subsidiary from issuing any security that 
would permit accelerated payment, maturity or redemption upon the 
condition that its parent federal savings association was insolvent or 
had been placed in receivership. The agency believes both of these 
restrictions should apply to the issuance of securities by any 
subsidiary of a federal savings association.

[[Page 29984]]

Therefore, it proposes to incorporate them into proposed Sec. 559.12, 
which will replace current Sec. 563.132 and cover those issuances, as 
discussed below.
    Because the requirements for finance subsidiaries go beyond those 
applicable to operating subsidiaries, OTS proposes to deem all existing 
finance subsidiaries to be operating subsidiaries for all purposes.
Part 563--Operations
Section 563.37  Operation of Service Corporation, Liability of Savings 
Association for Debt of Service Corporation
    Paragraphs (a) and (b) of section 563.37 require savings 
associations and their service corporations to maintain a separate 
corporate existence and insulate the thrift from liability for debt of 
its service corporation. The OTS proposes to combine these requirements 
with those of 12 CFR 571.21, the policy statement regarding separate 
corporate existence of a service corporation, and move them into a new 
Sec. 559.10.
    Paragraph (c), which sets forth notice requirements for all savings 
association service corporations (not just service corporations of 
federal thrifts), would be incorporated in the new notice section, 
Sec. 559.11, where the notice requirements applicable to federal thrift 
service corporations will also appear.
Section 563.38  Salvage Power of Savings Association To Assist Service 
Corporation
    Section 563.38 addresses a savings association's use of its salvage 
power to assist a troubled service corporation. The salvage power 
doctrine permits a thrift to exceed applicable investment limitations 
where an infusion of additional capital is necessary to preserve the 
existing investment.
    Paragraph (a) prohibits a savings association from exercising its 
salvage power to assist a troubled service corporation without prior 
OTS approval. Paragraph (b) conditions such approval on the OTS 
receiving an application demonstrating that the proposed action ``is 
for the protection of the savings association's investment and is 
consistent with safe, sound, and economical home financing.'' The 
application must also address alternative solutions, including those 
not involving financial assistance, to the service corporation's 
financial problem, and contain other information as the OTS deems 
necessary.
    While it is important for the OTS to have advance knowledge of 
proposed salvage investments in service corporations, the OTS proposes 
to reduce burden by substituting a notice for the current application. 
While the notice would still contain much of the current information, 
the change would allow the savings association to make the salvage 
investment if OTS had not objected to the notice or imposed conditions 
within 30 days. The notice requirement will appear as new Sec. 559.13.
Section 563.41  Loans and Other Transactions With Affiliates and 
Subsidiaries.
    OTS proposes to modify the definition of ``subsidiary'' in this 
regulation to mirror the statutory definition of section 23A of the 
Federal Reserve Act, 12 U.S.C. 371c, rather than the OTS capital 
regulation. This will make it clear that the scope of the subsidiaries 
covered by the regulation is the same for thrifts as for banks.
Section 563.93  Lending Limitations
    Similarly, the OTS proposes to amend the scope of its loans-to-one-
borrower regulation to better conform with the scope of the OCC's 
lending limits regulation. This section will not apply to loans to a 
thrift's operating subsidiaries, but will apply to loans to its service 
corporations.
Section 563.132  Securities Issued Through Subsidiaries
    This section requires savings associations to notify OTS when 
issuing securities through a subsidiary. OTS proposes to remove 
outdated provisions from this section and transfer the remaining notice 
requirements to new Sec. 559.12.
    Paragraph (a), which defines terms for this section, is being 
deleted as those terms are no longer necessary. Paragraph (b), which 
excludes certain securities in addressing the amount of securities 
issued by a subsidiary, is being removed as obsolete. The proposed 
regulation does not limit the amount of securities a subsidiary may 
issue.
    Paragraph (c) sets forth the notice and application requirements 
that a parent savings association must satisfy prior to establishing a 
finance subsidiary, transferring additional assets to an existing 
finance subsidiary, or issuing securities through a subsidiary defined 
in paragraph (a)(1)(ii) of the section. The OTS proposes to modify the 
notice requirements of paragraph (c) by removing the references and 
requirements pertaining to finance subsidiaries and by reducing the 
application requirements to uniform notice requirements.
Part 567--Capital

Section 567.1  Definitions

    OTS proposes to amend two definitions in its capital regulation. 
First, Sec. 567.1(dd), which defines subsidiary, is being amended to 
mirror the OCC's definition of a subsidiary in its risk-based capital 
regulation, 12 CFR Part 3, Appendix A. This definition is more 
consistent with GAAP, defining a subsidiary as a company where the 
institution owns a majority of the stock. Currently, OTS employs a much 
broader definition of subsidiary, which can sometimes result in higher 
capital requirements. Proposed Sec. 567.1(dd) includes language from 
the footnote currently located in Sec. 567.1(dd), which provides that 
OTS reserves the right to review investments on a case-by-case basis to 
determine whether the investment is more appropriately treated as a 
subsidiary or as an equity investment.
    Second, Sec. 567.1(l), which defines ``includable subsidiary,'' 
currently encompasses subsidiaries that ``directly or indirectly'' 
engage in any activity not permissible for a national bank. The 
regulatory reference to ``indirect'' activities, which does not appear 
in the statutory provision upon which the regulation is based,16 
has been interpreted (in the Thrift Financial Report) as requiring a 
savings association's entire investment in a subsidiary engaged 
exclusively in activities permissible for national banks to be deducted 
from capital if a lower-tier subsidiary engages in any activity 
impermissible for a national bank. Deduction is required even when the 
first-tier subsidiary's investment in the lower-tier subsidiary 
constitutes a minute portion of its total assets. Eliminating the 
regulatory reference to ``indirect'' activities will enable OTS to 
revise the instruction in the Thrift Financial Report. Thereafter, 
savings associations will only be required to deduct the actual amount 
of their indirect investment in the lower-tier nonincludable 
subsidiary.
---------------------------------------------------------------------------

    \16\ 12 U.S.C. 1464(t)(5)
---------------------------------------------------------------------------

Part 571--Statements of Policy
Section 571.21  Separate Corporate Existence of a Service Corporation
    Paragraph (a) sets forth the attributes of corporate separateness 
that should be maintained by a savings association and its service 
corporation. Maintaining this separate corporate identity is important 
to minimize the risks that a court, for equitable reasons, might pierce 
the corporate veil of a service corporation and hold the parent savings 
association

[[Page 29985]]

liable for the obligations or conduct of its service corporation. 
Paragraph (b), in addressing operation of service corporations and 
monitoring their compliance with paragraph (a), references 
Sec. 563.37(a) and reiterates the potential for serious risk to the 
savings association from failure to maintain corporate separateness. 
The proposal would incorporate the substantive requirements of 
Sec. 571.21 and Sec. 563.37 into new Sec. 559.10, which will apply to 
all subsidiaries.

                            V.--Chart Showing the Proposed Disposition of Regulations                           
----------------------------------------------------------------------------------------------------------------
        Original provision                      New provision                             Comment               
----------------------------------------------------------------------------------------------------------------
545.74(a)........................  ......................................  Removed                              
545.74(b) introductory text......  560.30................................  Incorporated into lending and        
                                                                            investment powers chart.            
545.74(b)(1).....................  559.2(e)(2)                             .....................................
545.74(b)(2).....................  559.11                                  .....................................
545.74(b)(3).....................  559.2(e)(2)(ii)                         .....................................
545.74(b)(4).....................  559.2(o)(2)                             .....................................
545.74(b)(5).....................  559.1(a)                                .....................................
545.74(c) introductory text......  559.2(e)(2)                             .....................................
545.74(c)(1)-(7).................  559.3                                   .....................................
545.74(d)........................  559.4.................................  Substantially revised.               
545.74(e)........................  559.2(q)(2)                             .....................................
545.76(a)........................  560.30                                  .....................................
545.76(b)........................  ......................................  Removed.                             
545.80...........................  560.30                                  .....................................
545.81(a)........................  559.2                                   .....................................
545.81(b)........................  559.2(c)(1), (e)(1)                     .....................................
545.81(c)(1),(2).................  559.2(a)(1)                             .....................................
545.81(c)(3).....................  559.11                                  .....................................
545.81(d)........................  559.2(p)                                .....................................
545.81(e)........................  559.2(h)(1)                             .....................................
545.81(f)........................  559.10                                  .....................................
545.81(g)........................  559.2(o)(1)                             .....................................
545.81(h)........................  559.1(a)                                .....................................
545.81(i)........................  559.1(b)..............................  Modified.                            
545.81(j)........................  559.2(e)(1)(ii)                         .....................................
545.81(k)........................  559.2(p)                                .....................................
545.82...........................  ......................................  Removed.                             
563.37(a), (b)...................  559.10................................  Modified.                            
563.37(c)........................  559.11                                  .....................................
563.38...........................  559.13................................  Modified.                            
563.41(b)(4).....................  ......................................  Modified.                            
563.93(a)........................  ......................................  Modified.                            
563.132(a),(b)...................  ......................................  Removed.                             
563.132(c).......................  559.12................................  Modified.                            
567.1(l).........................  ......................................  Modified.                            
567.1(dd)........................  ......................................  Modified.                            
571.21...........................  559.10................................  Modified.                            
----------------------------------------------------------------------------------------------------------------

VI. Request for Comment

    The OTS requests comments on all aspects of this proposal.

VII. Paperwork Reduction Act

    The reporting requirements contained in this proposed rule have 
been submitted to the Office of Management and Budget for review in 
accordance with the Paperwork Reduction Act of 1995. Comments on the 
collection of information should be sent to the Office of Management 
and Budget, Paperwork Reduction Project (1550), Washington, DC 20503, 
with copies to the Office of Thrift Supervision, 1700 G Street, NW., 
Washington, DC 20552.
    Comments are invited on (i) whether the collection of information 
is necessary for the proper performance of the functions of the agency, 
including whether the information shall have practical utility, (ii) 
the accuracy of the estimate of the burden of the collection of 
information, (iii) ways to enhance the quality of the information 
collected, and (iv) ways to minimize the burden of the collection of 
information on respondents, including the use of automated collection 
techniques or other forms of information technology.
    The reporting requirements in this proposed rule are currently 
found in 12 CFR 545.74, 545.81, 563.38, and 563.132. These requirements 
will be now be found in Secs. 559.2, 559.3, 559.11, 559.12, and 559.13. 
These requirements are currently addressed in the following OMB 
approved packages: Control Nos. 1550-0013; 1550-0077; and 1550-0065.
    We are proposing to repeal Sec. 545.82 (finance subsidiaries) and 
the related OMB package (Control No. 1550-0033).
    The requirements in new Sec. 560.32 will be reflected in the OMB 
approved package No. 1550-0078. The package has been amended to reflect 
the following data for the requirements in new Sec. 560.32.
    The information is needed by the OTS to assist in regulating 
savings associations and their subsidiaries.
    Estimated number of respondents: 1,460.
    Estimated average burden per respondent: 8 hours.
    Estimated annual frequency of responses: 1.
    
FR Doc. 96-13828 Subsidiaries and Equity Investments
Estimated total annual reporting burden: 11,680.

[[Page 29986]]

    Under the Paperwork Reduction Act of 1995, no persons are required 
to respond to a collection of information unless it displays a valid 
OMB control number. The valid OMB control number assigned to the 
collection of information in these proposed regulations will be 
displayed in the table at 12 CFR 506.1(b).

VIII. Executive Order 12866

    The Director of the OTS has determined that this proposed rule does 
not constitute a ``significant regulatory action'' for the purposes of 
Executive Order 12866.

IX. Regulatory Flexibility Act Analysis

    Pursuant to section 605(b) of the Regulatory Flexibility Act, the 
OTS certifies that this proposed rule will not have a significant 
economic impact on a substantial number of small entities. The proposal 
reorganizes the regulation to make it easier for small savings 
associations to locate applicable rules. It streamlines requirements 
for all savings associations. It simplifies the applicable requirements 
when savings associations create, invest in, or conduct new activities 
through subsidiaries and clarifies the statutorily required notices for 
such actions.

X. Unfunded Mandates Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995, Pub. L. 
104-4 (Unfunded Mandates Act) requires that an agency prepare a 
budgetary impact statement before promulgating a rule that includes a 
federal mandate that may result in expenditure by state, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year. If a budgetary impact statement is 
required, Section 205 of the Unfunded Mandates Act also requires an 
agency to identify and consider a reasonable number of regulatory 
alternatives before promulgating a rule. As discussed in the preamble, 
this proposed rule streamlines and reduces requirements on savings 
associations. The OTS has therefore determined that the proposed rule 
will not result in expenditures by state, local, or tribal governments 
or by the private sector of $100 million or more. Accordingly, sections 
202 and 205 do not require a budgetary impact statement or discussion 
of regulatory alternatives to this proposal.

List of Subjects

12 CFR Part 545

    Accounting, Consumer protection, Credit, Electronic funds 
transfers, Investments, Manufactured homes, Mortgages, Reporting and 
recordkeeping requirements, Savings associations.

12 CFR Part 559

    Savings associations, Subsidiaries.

12 CFR Part 560

    Consumer protection, Investments, Manufactured homes, Mortgages, 
Reporting and recordkeeping requirements, Savings associations, 
Securities.

12 CFR Part 563

    Accounting, Advertising, Crime, Currency, Flood insurance, 
Investments, Morgages, Reporting and recordkeeping requirements, 
Savings associations, Securities, Surety bonds.

12 CFR Part 567

    Capital, Savings associations.

12 CFR Part 571

    Accounting, Conflict of interests, Investments, Reporting and 
recordkeeping requirements, Savings associations.

    Accordingly, and for the reasons set forth in the preamble, the 
Office of Thrift Supervision proposes to amend chapter V, title 12, 
Code of Federal Regulations, as set forth below.

PART 545--OPERATIONS

    1. The authority citation for part 545 continues to read as 
follows:

    Authority: 12 U.S.C. 1462a, 1463, 1464, 1828.

Sec. 545.74  [Amended]

    2. Section 545.74 is amended by removing and reserving paragraphs 
(a), (b), (d) and (e), by amending paragraph (c) by removing and 
reserving the introductory text and paragraphs (c)(1) through (c)(3) 
and (c)(5) through (c)(7), by removing and reserving paragraph 
(c)(4)(ii)(F), and by amending the introductory text to paragraph 
(c)(4)(i) by removing the words ``Execution of'' and adding in their 
place ``A service corporation may execute''.

Secs. 545.76, 545.80 through 545.82  [Removed]

    3. Sections 545.76, 545.80, 545.81, and 545.82 are removed.
    4. Part 559 is added to read as follows:

PART 559--SUBSIDIARIES

Sec.
559.1   What does this part cover?

Subpart A--Regulations Applicable to Federal Savings Associations

559.2  What are the characteristics of, and what requirements apply 
to, operating subsidiaries and service corporations of federal 
savings associations?
559.3 What activities are preapproved for service corporations?
559.4  How much may a savings association invest in service 
corporations?

Subpart B--Regulations Applicable to All Savings Associations

559.10  What must a savings association and its subsidiary do to 
maintain separate corporate identities?
559.11  What notices are required to establish or acquire a new 
subsidiary or engage in new activities through a subsidiary?
559.12  How may a subsidiary of a savings association issue 
securities?
559.13  How may a savings association exercise its salvage power in 
connection with its service corporation?

    Authority: 12 U.S.C. 1462, 1462a, 1463, 1464, 1828.

Sec. 559.1  What does this part cover?

    (a) Subpart A of this part 559 contains requirements applicable to 
operating subsidiaries and service corporations of federal savings 
associations. Subpart B of this part 559 applies to subsidiaries of all 
savings associations. OTS is issuing this part 559 pursuant to its 
general rulemaking and supervisory authority under the Home Owners' 
Loan Act, 12 U.S.C. 1462 et seq., and its specific authority under 
section 18(m) of the Federal Deposit Insurance Act, 12 U.S.C. 1828(m). 
OTS may at any time limit a savings association's investment in a 
subsidiary or service corporation, or may limit or refuse to permit any 
activities of a subsidiary or service corporation for supervisory, 
legal, or safety and soundness reasons.
    (b) Notices under this part are deemed to be applications for 
purposes of statutory and regulatory references to ``applications.'' 
Any conditions that OTS imposes for supervisory, legal, or safety and 
soundness reasons in approving any application shall be enforceable as 
a condition imposed in writing by the OTS in connection with the 
granting of a request by a savings association within the meaning of 12 
U.S.C. 1818(b) or 1818(i).

Subpart A--Regulations Applicable to Federal Savings Associations

Sec. 559.2  What are the characteristics of, and what requirements 
apply to, operating subsidiaries and service corporations of federal 
savings associations?

    A federal savings association (``you'') that meets the requirements 
of this section, as detailed in the following chart, may establish, 
acquire, or acquire

[[Page 29987]]

in an interest in an operating subsidiary or a service corporation. For 
ease of reference, this section cross-references other regulations in 
this chapter affecting subsidiaries. You should refer to those 
regulations for the details of how they apply to an operating 
subsidiary or a service corporation. The chart follows:

------------------------------------------------------------------------
                                    Operating                           
                                  subsidiaries      Service corporations
------------------------------------------------------------------------
(a) How may a savings         (1) To establish an   (2) To establish a  
 association establish an      operating             service            
 operating subsidiary or a     subsidiary, you       corporation, you   
 service corporation?          must file a notice    must file a notice 
                               satisfying Sec.       satisfying Sec.    
                               559.11                559.11. Depending  
                                                     upon your condition
                                                     and the activities 
                                                     in which the       
                                                     service corporation
                                                     will engage, you   
                                                     may have to submit 
                                                     an application     
                                                     under Sec.         
                                                     559.2(e)(2).       
(b) Who may own stock?        (1) Anyone may own    (2) Only savings    
                               stock in an           associations with  
                               operating             home offices in the
                               subsidiary            state where you    
                                                     have your home     
                                                     office may own     
                                                     stock in any       
                                                     service corporation
                                                     in which you       
                                                     invest.            
(c) What are the ownership    (1) You must hold at  (2) You are not     
 requirements?                 least 50% of the      required to hold a 
                               voting stock of the   particular amount  
                               operating             of stock and need  
                               subsidiary. No one    not have control of
                               else may exercise     the service        
                               effective operating   corporation.       
                               control                                  
(d) Where may the subsidiary  (1) There are no      (2) A service       
 be incorporated?              geographic            corporation must be
                               restrictions on       incorporated in the
                               where an operating    state where your   
                               subsidiary may be     home office is     
                               incorporated.         located.           
(e) What activities are       (1)(i) After you      (2) (i) If you are  
 permissible?                  have notified OTS     eligible for       
                               in accordance with    expedited treatment
                               Sec.  559.11, an      under Sec.         
                               operating             516.3(a) of this   
                               subsidiary may        chapter, and notify
                               engage in any         OTS as required by 
                               activity that you     Sec.  559.11, your 
                               may conduct           service corporation
                               directly.             may engage in      
                                                     activities listed  
                                                     in Sec.  559.3.    
                              (ii) You may hold     (ii) If you are     
                               another insured       subject to standard
                               depository            treatment under    
                               institution as an     Sec.  516.3(b) of  
                               operating             this chapter, you  
                               subsidiary.           must apply and     
                                                     receive OTS        
                                                     approval for your  
                                                     service corporation
                                                     to engage in any   
                                                     activities except  
                                                     those authorized by
                                                     Sec.  559.3(a).    
                              (iii) Any finance     (iii) A service     
                               subsidiary that       corporation may    
                               existed on [insert    also engage in any 
                               effective date of     activity reasonably
                               final rule] shall     related to the     
                               be deemed an          activities of      
                               operating             financial          
                               subsidiary.           institutions, but  
                                                     not preapproved    
                                                     under Sec.  559.3, 
                                                     after applying to  
                                                     OTS in accordance  
                                                     with Sec.  516.1 of
                                                     this chapter and   
                                                     receiving OTS's    
                                                     prior written      
                                                     approval.          
(f) May the subsidiary        (1)(i) An operating   (2) A service       
 invest in other entities?     subsidiary may        corporation may    
                               itself hold an        invest in other    
                               operating             entities, including
                               subsidiary. All of    corporations,      
                               the requirements of   partnerships, and  
                               this part 559 apply   other joint        
                               equally to such a     ventures. All of   
                               lower tier            the requirements of
                               operating             this part apply    
                               subsidiary. In        equally to such    
                               applying the          entities except for
                               regulations in this   paragraphs (b)(2), 
                               part, operating       (d)(2), and (g)(2) 
                               subsidiaries should   of this section.   
                               substitute                               
                               ``operating                              
                               subsidiary''                             
                               wherever this part                       
                               refers to ``you''                        
                               or ``savings                             
                               association.''                           
                              (ii) An operating                         
                               subsidiary may                           
                               invest in a service                      
                               corporation. Such a                      
                               service corporation                      
                               is subject to all                        
                               of the requirements                      
                               of this part.                            
(g) Are there any limits on   (1) There are no      (2) You may invest  
 how much a savings            limits on the         up to the amounts  
 association may invest?       amount you may        set forth in Sec.  
                               invest in your        559.4 in service   
                               operating             corporations.      
                               subsidiaries,                            
                               either separately                        
                               or in the                                
                               aggregate..                              
(h) Do federal statutes and   (1) Unless otherwise  (2) (i) If the      
 regulations that apply to     specifically          federal statute or 
 the savings association       provided by           regulation         
 also apply to its             statute,              specifically refers
 subsidiaries?                 regulation, or OTS    to ``service       
                               policy, all federal   corporation,'' it  
                               statutes and          applies to all     
                               regulations apply     service            
                               to operating          corporations,      
                               subsidiaries in the   regardless of      
                               same manner as they   whether you control
                               apply to you. You     the service        
                               and your operating    corporation or     
                               subsidiary are        whether it would be
                               generally             a subsidiary under 
                               consolidated and      GAAP.              
                               treated as a unit                        
                               for statutory and                        
                               regulatory purposes.                     
                                                    (ii) If the federal 
                                                     statute or         
                                                     regulation refers  
                                                     to ``subsidiary,'' 
                                                     it applies only to 
                                                     service            
                                                     corporations that  
                                                     you control.       
(i) Do the investment limits  (1) Your assets and   (2) Your service    
 that apply to federal         those of your         corporation's      
 savings associations (HOLA    operating             assets are not     
 section 5(c) and part 560     subsidiary are        subject to the same
 of this chapter) apply to     aggregated when       investment         
 subsidiaries?                 calculating           limitations that   
                               investment            apply to you.      
                               limitations.                             
(j) How does the capital      (1) Your assets and   (2) The capital     
 regulation (part 567 of       those of your         treatment of a     
 this chapter) apply?          operating             service corporation
                               subsidiary are        depends upon       
                               consolidated for      whether it is an   
                               all capital           includable         
                               purposes.             subsidiary. That   
                                                     determination is   
                                                     based upon factors 
                                                     set forth in part  
                                                     567 of this        
                                                     chapter, including 
                                                     your percentage    
                                                     ownership of the   
                                                     service corporation
                                                     and the activities 
                                                     in which the       
                                                     service corporation
                                                     engages.           

[[Page 29988]]

                                                                        
(k) How does the loans-to-    (1) The LTOB          (2) The LTOB        
 one-borrower (LTOB)           regulation does not   regulation applies 
 regulation (Sec.  563.93 of   apply to loans from   to loans from you  
 this chapter) apply?          you to your           to your service    
                               operating             corporation, but   
                               subsidiary or loans   does not apply to  
                               from your operating   loans from your    
                               subsidiary to you.    service corporation
                               Other loans made by   to you. Other loans
                               your operating        made by your       
                               subsidiary are        service corporation
                               aggregated with       are aggregated with
                               your loans for LTOB   your loans for LTOB
                               purposes.             purposes.          
(l) How does transactions     (1) Section 563.41    (2) Section 563.41  
 with affiliates (TWA) apply   of this chapter       of this chapter    
 to subsidiaries?              explains how TWA      explains how TWA   
                               applies to            applies to         
                               subsidiaries.         subsidiaries.      
(m) How does the Qualified    (1) Under 12 U.S.C.   (2) Under 12 U.S.C. 
 Thrift Lender (QTL) test      1467a(m)(5), you      1467a(m)(5), you   
 apply to subsidiaries?        may determine         may determine      
                               whether you wish to   whether you wish to
                               consolidate the       consolidate the    
                               assets of a           assets of a        
                               particular            particular         
                               subsidiary for        subsidiary for     
                               purposes of           purposes of        
                               calculating your      calculating your   
                               qualified thrift      qualified thrift   
                               investments.          investments.       
                               Section 563.51 of     Section 563.51 of  
                               this chapter          this chapter       
                               contains the          contains the       
                               calculations that     calculations that  
                               follow from this      follow from this   
                               determination.        determination.     
(n) Does state law apply?     (1) State law         (2) State law       
                               applies to            applies to service 
                               operating             corporations       
                               subsidiaries only     regardless of      
                               to the extent it      whether it applies 
                               applies to you.       to you.            
(o) Is the subsidiary         (1) An operating      (2) A service       
 subject to examination by     subsidiary is         corporation must   
 OTS?                          subject to            agree in writing to
                               examination by OTS.   permit and to pay  
                                                     the cost of such   
                                                     examinations as OTS
                                                     deems necessary.   
(p) What must be done to      (1) Before            (2) Before          
 redesignate an operating      redesignating an      redesignating a    
 subsidiary as a service       operating             service corporation
 corporation or a service      subsidiary as a       as an operating    
 corporation as an operating   service               subsidiary, you    
 subsidiary.                   corporation, you      should consult with
                               should consult with   the OTS Regional   
                               the OTS Regional      Director for the   
                               Director for the      Region in which    
                               Region in which       your home office is
                               your home office is   located. You must  
                               located. You must     also maintain      
                               maintain adequate     adequate internal  
                               internal records,     records, available 
                               available for         for examination by 
                               examination by OTS,   OTS, demonstrating 
                               demonstrating that    that the           
                               the redesignated      redesignated       
                               subsidiary meets      subsidiary meets   
                               all of the            all of the         
                               applicable            applicable         
                               requirements of       requirements of    
                               this part and that    this part and that 
                               your board of         your board of      
                               directors has         directors has      
                               approved the          approved the       
                               redesignation.        redesignation.     
(q) What happens if the       (1) If an operating   (2) If a service    
 subsidiary fails to comply    subsidiary fails to   corporation, or any
 with the requirements of      continue to qualify   entity in which the
 this part.                    as an operating       service corporation
                               subsidiary for any    invests pursuant to
                               reason, you must      paragraph (f)(2) of
                               notify OTS. Unless    this section, fails
                               otherwise advised     to meet any of the 
                               by OTS, if the        requirements of    
                               subsidiary cannot     this section, you  
                               comply within 90      must notify OTS.   
                               days with all of      Unless otherwise   
                               the requirements      advised by OTS, if 
                               for either an         the subsidiary     
                               operating             cannot comply      
                               subsidiary or a       within 90 days with
                               service corporation   all of the         
                               under this section,   requirements for   
                               you must promptly     either an operating
                               dispose of your       subsidiary or a    
                               investment in the     service corporation
                               subsidiary.           under this section,
                                                     you must promptly  
                                                     dispose of your    
                                                     investment in the  
                                                     subsidiary.        
------------------------------------------------------------------------

Sec. 559.3   What activities are preapproved for service corporations?

    To the extent permitted by Sec. 559.2(e)(2), a service corporation 
may engage in the following activities:
    (a) Any activity that all federal savings associations may conduct 
directly, except taking deposits.
    (b) Business and professional services. The following services are 
preapproved for service corporations only when they are limited to 
financial documents or financial clients or are generally finance-
related:
    (1) Accounting or internal audit;
    (2) Advertising, marketing research and other marketing;
    (3) Clerical;
    (4) Courier;
    (5) Data processing;
    (6) Data storage facilities operation and related services;
    (7) Office supplies, furniture, and equipment purchasing and 
distribution;
    (8) Personnel benefit program development or administration;
    (9) Relocation of personnel;
    (10) Remote service unit operation, leasing, ownership or 
establishment;
    (11) Research studies and surveys; and
    (12) Software development and systems integration.
    (c) Credit related activities:
    (1) Abstracting;
    (2) Appraising;
    (3) Collection agency;
    (4) Credit analysis;
    (5) Check or credit card guaranty and verification;
    (6) Escrow agent or trustee (under deeds of trust, including 
executing and deliverance of conveyances, reconveyances and transfers 
of title);
    (7) Leasing; and
    (8) Loan inspection.
    (d) Consumer services:
    (1) Financial advisory or consulting;
    (2) Foreign currency exchange;
    (3) Home ownership counseling;
    (4) Income tax return preparation;
    (5) Postal services;
    (6) Stored value instrument sales; and
    (7) Welfare benefit distribution.
    (e) Real estate related services:
    (1) Acquiring real estate for prompt development or subdivision, 
for construction of improvements, for resale or leasing to others for 
such construction, or for use as manufactured home sites, in accordance 
with a prudent program of property development;
    (2) Acquiring improved real estate or manufactured homes to be held 
for rental or resale, for remodeling, renovating, or demolishing and 
rebuilding for sale or rental, or to be used for offices and related 
facilities of a stockholder of the service corporation;
    (3) Maintaining and managing real estate; and
    (4) Real estate brokerage for property owned by an association that 
owns capital stock of the service corporation, the service corporation, 
or a joint venture in which the service corporation participates.
    (f) Securities brokerage, insurance and related services:
    (1) Nondeposit investment product brokerage. Execution of 
transactions in securities or other nondeposit investment products on 
an agency or riskless principal basis solely upon the order of and for 
the account of customers, provided that the service

[[Page 29989]]

corporation complies with the provisions of Sec. 545.74(c)(4) of this 
chapter;
    (2) Investment advice, provided that the service corporation 
complies with the provisions of Sec. 545.74(c)(4) of this chapter;
    (3) Insurance brokerage or agency for liability, casualty, 
automobile, life, health, accident or title insurance;
    (4) Liquidity management;
    (5) Issuing notes, bonds, debentures or other obligations or 
securities; and
    (6) Purchase or sale of coins issued by the U.S. Treasury.
    (g) Investments:
    (1) Tax-exempt bonds used to finance residential real property for 
family units;
    (2) Tax-exempt obligations of public housing agencies used to 
finance housing projects with rental assistance subsidies;
    (3) Small business investment companies licensed by the U.S. Small 
Business Administration to invest in small businesses engaged 
exclusively in the activities listed in paragraphs (a) through (i) of 
this section; and
    (4) Investing in savings accounts of a stockholder thrift.
    (h) Community development and charitable activities:
    (1) Investments in governmentally insured, guaranteed, subsidized 
or otherwise sponsored programs for housing, small farms, or businesses 
that are local in character;
    (2) Investments that meet the community development needs of, and 
primarily benefit, low- and moderate-income communities;
    (3) Investments in low-income housing tax credit projects and 
entities authorized by statute (e.g., Community Development Financial 
Institutions) to promote community, inner city, and community 
development purposes; and
    (4) Establishing a corporation that is recognized by the Internal 
Revenue Service as organized for charitable purposes under Section 
501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)) and making 
a reasonable contribution to capitalize it, provided that the 
corporation engages exclusively in activities designed to promote the 
well-being of communities in which the shareholders of the service 
corporation operate.
    (i) Activities reasonably incident to those listed in paragraphs 
(a) through (h) of this section for service corporations engaged in 
those activities.

Sec. 559.4  How much may a savings association invest in service 
corporations?

    (a) A federal savings association (``you'') may invest in the 
capital stock, obligations, and other securities of a service 
corporation. Your aggregate investment in all such service corporations 
may not exceed 3% of your assets. If you have an aggregate outstanding 
investment in excess of 2% of your assets, that excess investment must 
serve primarily community, inner city, or community development 
purposes. You must designate the investments serving those purposes, 
which include:
    (1) Investments in governmentally insured, guaranteed, subsidized 
or otherwise sponsored programs for housing, small farms, or businesses 
that are local in character;
    (2) Investments for the preservation or revitalization of either 
urban or rural communities;
    (3) Investments designed to meet the community development needs 
of, and primarily benefit, low- and moderate-income communities; or
    (4) Other community, inner city, or community development-related 
investments approved by OTS.
    (b) Except as provided in paragraph (c) of this section, your 
aggregate investment in service corporations includes all loans (except 
accounts payable incurred in the ordinary course of business and paid 
within 60 days) and all guarantees or take out commitments of such 
loans to a service corporation and to any entity in which the service 
corporation invests, whether or not you hold stock in that entity.
    (c) In addition to the amounts you may invest under paragraph (a) 
of this section, and to the extent you have authority under section 
5(c) of the HOLA and part 560 of this chapter, you may make loans to 
any service corporation in which you hold stock. Such loans are subject 
to the loans-to-one-borrower regulation, Sec. 563.93 of this chapter. 
For purposes of the investment limits of section 5(c) of the HOLA and 
part 560 of this chapter, loans under this paragraph (c) will be 
aggregated with any other loans of that type you make.

Subpart B--Regulations Applicable to All Savings Associations

Sec. 559.10  What must a savings association and its subsidiary do to 
maintain separate corporate identities?

    (a) Each savings association and subsidiary thereof must be 
operated in a manner that demonstrates to the public the separate 
corporate existence of the savings association and subsidiary. Each 
must operate so that:
    (1) Their respective business transactions, accounts, and records 
are not intermingled;
    (2) Each observes the formalities of their separate corporate 
procedures;
    (3) Each is adequately financed as a separate unit in the light of 
normal obligations reasonably foreseeable in a business of its size and 
character;
    (4) Each is held out to the public as a separate enterprise; and
    (5) Unless the parent savings association has guaranteed a loan by 
the subsidiary, all borrowings by the subsidiary indicate that the 
parent is not liable.
    (b) OTS regulations that apply both to savings associations and 
subsidiaries shall not be construed as requiring a savings association 
and its subsidiaries to operate as a single entity.

Sec. 559.11  What notices are required to establish or acquire a new 
subsidiary or engage in new activities through an existing subsidiary?

    When required by section 18(m) of the Federal Deposit Insurance 
Act, a savings association (``you'') must file a notice (``Notice'') in 
accordance with Sec. 516.1(c) of this chapter at least 30 days before 
establishing or acquiring a subsidiary or engaging in new activities in 
a subsidiary. The Notice must contain all of the information the FDIC 
requires pursuant to 12 CFR 303.13. Providing OTS with a copy of the 
notice you file with the FDIC will satisfy this requirement. If OTS 
notifies you within 30 days that the Notice presents supervisory 
concerns, or raises significant issues of law or policy, you must apply 
for and receive OTS's prior written approval in accordance with 
Sec. 516.1(c) of this chapter before establishing or acquiring the 
subsidiary or engaging in new activities in the subsidiary.

Sec. 559.12  How may a subsidiary of a savings association issue 
securities?

    (a) A subsidiary may issue, either directly or through a third 
party intermediary, any securities that its parent savings association 
(``you'') are authorized to issue (or if you are a mutual savings 
association, would be authorized to issue if you converted to the stock 
form). The subsidiary must not state or imply that the securities it 
issues are covered by federal deposit insurance. A subsidiary may not 
issue any security the payment, maturity, or redemption of which may be 
accelerated upon the condition that you are insolvent or have been 
placed into receivership.
    (b) You must file a notice with OTS in accordance with Sec. 516.1 
of this chapter at least 30 days before issuing any securities through 
an existing subsidiary or in conjunction with establishing or acquiring 
a new subsidiary. If OTS notifies you within

[[Page 29990]]

30 days that the notice presents supervisory concerns or raises 
significant issues of law or policy, you must receive OTS's prior 
written approval before issuing securities through your subsidiary. The 
notice must contain:
    (1) The amount of your assets or liabilities (including any 
guarantees you make with respect to the securities issuance) that you 
will transfer or make available to the subsidiary; the percentage that 
such amount represents of the current book value of your assets on an 
unconsolidated basis; and the current book value of all such assets of 
the subsidiary;
    (2) The terms of any guarantee(s) to be issued by you or any third 
party;
    (3) A description of the securities the subsidiary will issue;
    (4) An estimate of the net proceeds from the issuance of securities 
(or the pro rata portion of the net proceeds from securities issued 
through a jointly owned subsidiary); the anticipated amount of gross 
proceeds of the securities issuance; and the current market value of 
assets collateralizing the securities issuance (any assets of the 
subsidiary, including any guarantees of its securities issuance you 
have made);
    (5) The anticipated interest or dividend rates and yields, or the 
range thereof, and the frequency of payments on the subsidiary's 
securities;
    (6) The minimum denomination of the subsidiary's securities;
    (7) Where the subsidiary intends to market the securities; and
    (8) A statement that within 10 days after the issuance of any 
securities through a subsidiary, you will notify the OTS in writing 
that you have issued the securities and provide a copy of any 
prospectus, offering circular, or similar document concerning such 
issuance.
    (c) Sales of the subsidiary's securities to retail customers must 
comply with Sec. 545.74(c)(4) of this chapter.

Sec. 559.13  How may a savings association exercise its salvage power 
in connection with its service corporation?

    (a) In accordance with this section, a savings association 
(``you'') may exercise your salvage power to make a contribution or a 
loan (including a guarantee of a loan made by any other person) to your 
service corporation (``salvage investment'') that exceeds the maximum 
amount otherwise permitted under law or regulation. You must notify OTS 
at least 30 days before making a salvage investment in a service 
corporation. This notice must demonstrate that:
    (1) The salvage investment protects your interest in the service 
corporation;
    (2) The salvage investment is consistent with safety and soundness; 
and
    (3) You considered alternatives to the salvage investment and 
determined that such alternatives would not adequately satisfy 
paragraphs (a)(1) and (a)(2).
    (b) If OTS notifies you within 30 days that the Notice presents 
supervisory concerns, or raises significant issues of law or policy, 
you must apply for and receive OTS's prior written approval in 
accordance with Sec. 516.1(c) of this chapter before making a salvage 
investment in a service corporation.

PART 560--LENDING AND INVESTMENT

    5. Part 560 as proposed to be added at 61 FR 1177 is amended as 
follows:
    a. The authority citation for part 560 continues to read as 
follows:

    Authority: 12 U.S.C. 1462, 1462a, 1463, 1464, 1828, 1701j-3, 
3803, 3806; 42 U.S.C. 4106.

    b. Section 560.30 is revised to read as follows:

Sec. 560.30  General lending and investment powers of federal savings 
associations.

    Pursuant to section 5(c) of the Home Owners Loan Act (HOLA), 12 
U.S.C. 1464(c), a federal savings association may make, invest in, 
purchase, sell, participate in, or otherwise deal in (including 
brokerage or warehousing) all loans and investments allowed under 
section 5(c) of the HOLA including, without limitation, the following 
loans, extensions of credit, and investments, subject to the 
limitations indicated and any such terms, conditions, or limitations as 
may be prescribed from time to time by the Office by policy directive, 
order, or regulation:

                                       Lending and Investment Powers Chart                                      
----------------------------------------------------------------------------------------------------------------
                                                          Statutory percentage of assets limitations (endnotes  
            Category               HOLA authorization          contain applicable regulatory limitations)       
----------------------------------------------------------------------------------------------------------------
Commercial loans................  5(c)(2)(A)            10% of total assets.                                    
Commercial paper and corporate    5(c)(2)(D)            Up to 30% of total assets.\1\ \2\                       
 debt securities.                                                                                               
Community development...........  5(c)(3)(B)            5% of total assets.                                     
Community development direct      5(c)(3)(B)            2% of total assets.\3\                                  
 investments.                                                                                                   
Consumer loans..................  5(c)(2)(D)            Up to 35% of total assets.\1\ \4\                       
Credit cards....................  5(b)(4)               None.\5\                                                
Education loans.................  5(c)(3)(A)            5% of total assets.                                     
Finance leasing.................  5(c)(1)(B)            Based on collateral type for property financed.\6\      
                                  5(c)(2)(A)                                                                    
                                  5(c)(2)(D)                                                                    
Foreign assistance investments..  5(c)(4)(C)            1% of total assets.\7\                                  
General leasing.................  5(c)(2)(C)            10% of assets.\6\                                       
Home improvement loans..........  5(c)(1)(J)            None.\5\                                                
Home (residential) loans \8\....  5(c)(1)(B)            None.\5\ \9\                                            
Letters of credit...............  5(c)(2)(A)            Included in aggregate 10% of assets commercial lending  
                                                         limitation.\10\                                        
Loans secured by accounts.......  5(c)(1)(A)            None.\5\ \11\                                           
Loans to financial institutions,  5(c)(1)(L)            None.\5\ \12\                                           
 brokers, and dealers.                                                                                          
Manufactured home loans.........  5(c)(1)(J)            None.\5\ \13\                                           
Nonresidential real property      5(c)(2)(B)            400% of total capital.\14\                              
 loans.                                                                                                         
Open-end management investment    5(c)(1)(Q)            None.\5\                                                
 companies a.                                                                                                   
Service corporations............  5(c)(4)(B)            3% of total assets, as long as any amount in excess of  
                                                         2% of total assets furthers community, inner city, or  
                                                         community development purposes.b                       
Small business investment         5(c)(4)(D)            1% of total assets.                                     
 companies c.                                                                                                   

[[Page 29991]]

                                                                                                                
State and local government        5(c)(1)(H)            None.\5\ \15\                                           
 obligations.                                                                                                   
State housing corporations......  5(c)(1)(P)            None.\5\ \16\                                           
Transaction account loans,        5(c)(1)(A)            None.\5\ \17\                                           
 including overdrafts.                                                                                          
----------------------------------------------------------------------------------------------------------------
Notes:                                                                                                          
\1\ For purposes of determining a Federal savings association's percentage assets limitation, investment in     
  commercial paper and corporate debt securities must be aggregated with the Federal savings association's      
  investment in consumer loans.                                                                                 
\2\ A Federal savings association may invest in commercial paper and corporate debt securities, which includes  
  corporate debt securities convertible into stock, subject to the provisions of Sec.  560.40.                  
\3\ This 2% of assets limitation is a sublimit within the overall 5% of assets limitation on community          
  development loans and investments.                                                                            
\4\ Amounts in excess of 30% of assets, in aggregate, may be invested only in loans made by the association     
  directly to the original obligor and for which no finder's or referral fees have been paid. A Federal savings 
  association may include loans to dealers in consumer goods to finance inventory and floor planning in the     
  total investment made under this section.                                                                     
\5\ While there is no statutory limit on certain categories of loans and investments, including credit card     
  loans, home improvement loans, and deposit account loans, the OTS may establish an individual limit on such   
  loans or investments if the association's concentration in such loans or investments presents a safety and    
  soundness concern.                                                                                            
\6\ A Federal savings association may engage in leasing activities subject to the provisions of Sec.  560.41.   
\7\ This 1% of assets limitation applies to the aggregate outstanding investments made under the Foreign        
  Assistance Act and in the capital of the Inter-American Savings and Loan Bank. Such investments may be made   
  subject to the provisions of Sec.  560.43.                                                                    
\8\ A home (or residential) loan includes loans secured by on one-to-four family dwellings, multi-family        
  residential property and loans secured by a unit or units of a condominium or housing cooperative.            
\9\ A Federal savings association may make home loans subject to the provisions of Sec.  560.34.                
\10\ A Federal savings association may issue letters of credit subject to the provisions of Sec.  560.120.      
\11\ Loans secured by savings accounts and other time deposits may be made without limitation, provided the     
  Federal savings association obtains a lien on, or a pledge of, such accounts. Such loans may not exceed the   
  withdrawable amount of the account.                                                                           
\12\ A Federal savings association may only invest in loans secured by obligations of, or by obligations fully  
  guaranteed as to principal and interest by, the United States or any of its agencies or instrumentalities     
  where the borrower is a financial institution insured by the Federal Deposit Insurance Corporation or is a    
  broker or dealer registered with the Securities and Exchange Commission and the market value of the securities
  for each loan at least equals the amount of the loan at the time it is made.                                  
\13\ If the wheels and axles of the manufactured home have been removed and it is permanently affixed to a      
  foundation, a loan secured by a combination of a manufactured home and developed residential lot on which it  
  sits may be treated as a home loan.                                                                           
\14\ Without regard to any limitations of this part, a Federal savings association may make or invest in the    
  fully insured or guaranteed portion of nonresidential real estate loans insured or guaranteed by the Economic 
  Development Administration, the Farmers Home Administration, or the Small Business Administration.            
  Unguaranteed portions of guaranteed loans must be aggregated with uninsured loans when determining an         
  association's compliance with the 400% of capital limitation for other real estate loans.                     
a This authority is limited to investments in open-end management investment companies that are registered with 
  the Securities and Exchange Commission under the Investment Company Act of 1940. The portfolio of the         
  investment company must be restricted by the company's investment policy (changeable only if authorized by    
  shareholder vote) solely to investments that a Federal savings association may, without limitation as to      
  percentage of assets, invest in, sell, redeem, hold, or otherwise deal in. Separate and apart from this       
  authority, a Federal savings association may make pass-through investments to the extent authorized by Sec.   
  560.32.                                                                                                       
b A Federal savings association may invest in service corporations subject to the provisions of part 559 of this
  chapter.                                                                                                      
c A Federal savings association may only invest in small business investment companies formed pursuant to       
  section 301(d) of the Small Business Investment Act of 1958.                                                  
\15\ This category includes obligations issued by any state, territory, or possession of the United States or   
  political subdivision thereof (including any agency, corporation, or instrumentality of a state or political  
  subdivision), subject to Sec.  560.42.                                                                        
\16\ A Federal savings association may invest in state housing corporations subject to the provisions of Sec.   
  560.121.                                                                                                      
\17\ Payments on accounts in excess of the account balance (overdrafts) on commercial deposit or transaction    
  accounts shall be considered commercial loans for purposes of determining the association's percentage of     
  assets limitation.                                                                                            

    C. Sections 560.32 and 560.33 are added to read as follows:

Sec. 560.32  Pass-Through Investments

    (a) A federal savings association (``you'') may make pass-through 
investments. A pass-through investment is one where you invest in an 
entity (``company'') that engages only in activities that you may 
conduct directly. You must comply with all the statutes and regulations 
that would apply if you were engaging in the activity directly. For 
example, your proportionate share of the company's assets will be 
aggregated with the assets you hold directly in calculating investment 
limits (e.g., 10% of assets for commercial loans).
    (b) You may make a pass-through investment without prior notice to 
OTS if all of the following conditions are met:
    (1) You do not invest more than 15% of your capital in one company;
    (2) You have not invested more than 50% of your total capital in 
pass-through investments;
    (3) Your investment would not give you direct or indirect control 
of the company;
    (4) Your liability is limited to the amount of your investment;
    (5) The company falls into one of the following categories:
    (i) A limited partnership;
    (ii) An open-end mutual fund;
    (iii) A closed-end investment trust; or
    (iv) An entity in which you are investing primarily to use the 
company's services (e.g., data processing).
    (c) If you want to make other pass-through investments, you must 
provide OTS with 30 days' advance notice. If within that 30-day period 
OTS notifies you that an investment presents supervisory, legal, or 
safety and soundness concerns, you must file an application with OTS in 
accordance with Sec. 516.1 of this chapter and may not make the 
investment without first receiving OTS's prior written approval. 
Notices under this section are deemed to be applications for purposes 
of statutory and regulatory references to ``applications.'' Any 
conditions that OTS imposes for supervisory, legal, or safety and 
soundness reasons on any pass-through investment shall be enforceable 
as a condition imposed in writing by the OTS in connection with the 
granting of a request by a savings association within the meaning of 12 
U.S.C. 1818(b) or 1818(i).

[[Page 29992]]

Sec. 560.33  De minimis investments.

    A federal savings association may invest in the aggregate up to the 
greater of one-fourth of 1% of its capital or $100,000, in community 
development investments of the type permitted for a national bank under 
12 CFR Part 24.

PART 563--OPERATIONS

    6. The authority citation for part 563 continues to read as 
follows:

    Authority: 12 U.S.C. 375b, 1462, 1462a, 1463, 1464, 1467a, 1468, 
1817, 1828, 3806; 42 U.S.C. 4106.

Secs. 563.37, 563.38, 563.132  [Removed]

    7. Sections 563.37, 563.38, and 563.132 are removed.
    8. Section 563.41 is amended by revising paragraph (b)(4) to read 
as follows:

Sec. 563.41  Loans and other transactions with affiliates and 
subsidiaries.

* * * * *
    (b) * * *
    (4) The term subsidiary with respect to a specified savings 
association means a company that is controlled by such specified 
savings association;
* * * * *
    9. Section 563.93 is amended by revising paragraph (a) to read as 
follows:

Sec. 563.93  Lending limitations.

    (a) Scope. This section applies to all loans and extensions of 
credit to third parties made by a savings association and its 
subsidiaries or service corporations. This section does not apply to 
loans made by a savings association to operating subsidiaries or 
affiliates of the savings association. The term operating subsidiary 
has the same meaning indicated in Sec. 559.2 of this chapter. The terms 
subsidiary and affiliate have the same meanings as those terms are 
defined in Sec. 563.41.
* * * * *

PART 567--CAPITAL

    10. The authority citation for part 567 continues to read as 
follows:

    Authority: 12 U.S.C. 1462, 1462a, 1463, 1464, 1467a, 1828 
(note).

    11. Section 567.1 is amended by removing in paragraph (l)(1) the 
phrase ``(either directly or through ownership of a subsidiary)'', and 
by revising paragraph (dd) to read as follows:

Sec. 567.1  Definitions.

* * * * *
    (dd) Subsidiary. The term subsidiary means any corporation, 
partnership, business trust, joint venture, association or similar 
organization in which a savings association directly or indirectly 
holds more than a 50% ownership interest.1 This definition does 
not include ownership interests that were taken in satisfaction of 
debts previously contracted, provided that the reporting association 
has not held the interest for more than five years or a longer period 
approved by the OTS.
---------------------------------------------------------------------------

    \1\ The Office reserves the right to review a savings 
association's investment in a subsidiary on a case-by-case basis. If 
the Office determines that such investment is more appropriately 
treated as an equity security or an ownership interest in a 
subsidiary it will make such determination regardless of the 
percentage of ownership held by the savings association.
---------------------------------------------------------------------------

* * * * *

PART 571--STATEMENTS OF POLICY

    12. The authority citation for part 571 continues to read as 
follows:

    Authority: 5 U.S.C. 552, 559; 12 U.S.C. 1462a, 1463, 1464.

Sec. 571.21  [Removed]

    13. Section 571.21 is removed.

    Dated: May 28, 1996.

    By the Office of Thrift Supervision.
Jonathan L. Fiechter,
Acting Director.
[FR Doc. 96-13828 Filed 6-12-96; 8:45 am]
BILLING CODE 6720-01-P

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