issue-1995-10-20•Federal Register proposed rules — 1995-10-20
Federal Register proposed rules — 1995-10-20
issue-1995-10-20Federal Register proposed rules — 1995-10-20Proposed Regulation
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 95-26057 Addition of Coverage to NASA FAR Supplement on NASA Shared Savings Clause
[Federal Register Volume 60, Number 203 (Friday, October 20, 1995)]
[Proposed Rules]
[Pages 54208-54210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26057]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1816 and 1852
Addition of Coverage to NASA FAR Supplement on NASA Shared
Savings Clause
AGENCY: Office of Procurement, National Aeronautics and Space
Administration (NASA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: This rule proposes to amend the NASA Federal Acquisition
Regulation Supplement in order to establish the procedures for a
``Shared Savings Clause'' to be used in solicitations and contracts.
The intent of the clause is to provide an incentive for contractors to
identify and implement significant cost reduction programs. In return
they would be eligible for a share of realized savings which result
from those cost-cutting projects once the projects are approved by the
contracting officer.
DATES: Comments must be received on or before December 19, 1995.
ADDRESSES: Submit comments to Mr. James A. Balinskas, Analysis Division
(Code HC), Office of Procurement, NASA Headquarters, Washington, DC
20546. Comments on the paperwork burden should also be addressed to the
Office of Information and Regulatory Affairs of OMB, Attention: Desk
Officer for NASA, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Mr. James A. Balinskas, (202) 385-
0445.
SUPPLEMENTARY INFORMATION:
Background
This action revises the NASA FAR Supplement to add a ``Share
Savings Clause'' which was developed as an element of the Agency's Cost
Control Initiative. We expect this process will help identify and
eliminate counterproductive, outdated or redundant activities whether
they are mandated by the contract or created as a result of the manner
in which the government is managing the contract.
Regulatory Flexibility Act
NASA certifies that this regulation will not have a significant
economic impact on a substantial number of small entities under
Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Paperwork Reduction Act
A copy of the proposed rule has been submitted to OMB for review
under section 3507(d) of the Paperwork Reduction Act.
Title: Cost Reduction Proposal (CRP).
Summary: The CRP is used by the contractor to propose cost
reduction projects to NASA.
Description of the need for the information and proposed use of the
information: The Shared Savings Clause was developed as an element of
the Agency's Cost Control Initiative. The CRP is a means by which a
contractor may suggest savings to NASA. The contracting officer
evaluates the CRP in order to determine whether or not to accept the
contractor's suggestions. If the CRP is accepted, the contractor
becomes eligible for a share of the savings.
Description of the likely respondents, including the estimated
number of likely respondents, and proposed frequency of response to the
collection of information: NASA contractors whose contracts contain the
clause entitled ``Shared Savings'' may submit a CRP on their own
initiative. The number of respondents is estimated to be 10.
Estimate of the total annual reporting and recordkeeping burden
that will result from the collection of information: The annual
recordkeeping and reporting burden related to preparation and
submission of CRP's is estimated to be 600 hours.
Notice: Comments may be submitted to the OMB address shown under
ADDRESSES.
Time period within which the agency is requesting OMB to approve or
disapprove the collection of information: NASA is requesting that OMB
approve the proposed revisions to the collection of information within
the next 60 days.
In addition, comments may be submitted to NASA and OMB in order to
help NASA--
(a) evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(ii) evaluate the accuracy of the agency's estimate of the burden
of the proposed collection of information including the validity of the
methodology and assumptions used;
(iii) enhance the quality, utility, and clarity of the information
to be collected; and
(iv) minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
List of Subjects in 48 CFR Parts 1816 and 1852
Government procurement.
Tom Luedtke,
Deputy Associate Administrator for Procurement.
Accordingly, 48 CFR Parts 1816 and 1852 are proposed to be amended
as follows:
PART 1816--TYPES OF CONTRACTS
1. The authority citation for 48 CFR Parts 1816 and 1852 continue
to read as follows:
Authority: 42 U.S.C. 2473(c)(1).
2. Paragraph 1816.7001 is added to read as follows:
1816.7001 Shared Savings Clause.
The contracting officer shall insert the clause at 1852.216-90,
Shared Savings Clause, in all solicitations and contracts above the
simplified acquisition threshold.
[[Page 54209]]
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Section 1852.216-90 is added to read as follows:
1852.216-90 Shared Savings.
As prescribed in 1816.7001, insert the following clause:
Shared Savings
(XXX 19XX)
(a) The Contractor is entitled, under the provisions of this
clause, to share in cost savings resulting from the implementation
of cost reduction projects which are presented to the Government in
the form of Cost Reduction Proposals (CRP) and approved by the
Contracting Officer. These cost reduction projects may require
changes to the terms, conditions or statement of work of this
contract. Any cost reduction projects must not, however, revise the
essential function or service to be provided by the basic contract.
(b) Definitions:
(1) Cost savings means savings that result from instituting non-
recurring changes to the management or structure of the covered
contract, as identified in an approved Cost Reduction Proposal.
(2) Cost Reduction Proposal means a proposal that recommends
alternatives to the established procedures or organizational support
of a contract or group of contracts. These alternatives must result
in a net reduction of contract cost and price to NASA. The proposal
will include technical and cost information sufficient to enable the
Contracting Officer to review the CRP and approve or disapprove it.
The contractor may propose changes in other activities that impact
performance on their contract, to include Government and other
contractor operations, if such changes will optimize cost savings on
their contract. A contractor shall not be entitled to share,
however, in any cost shavings that are internal to the Government,
or which result from changes made to any contracts to which they are
not a party even if those changes were proposed as a part of their
CRP.
(3) Covered contract means the contract, excluding unexercised
options or future contracts, whether contemplated or not, against
which the CRP is submitted.
(4) Contractor implementation costs or ``implementation costs''
means those costs the Contractor incurs, or will incur, on the
covered contract specifically in the development, preparing,
submitting, and supporting a CRP, as well as those costs the
contractor will incur on the covered contract to make any structural
or organizational changes in order to implement an approved CRP.
(5) Government costs means internal costs of NASA or any other
Government agency that result directly from developing and
implementing the CRP. These may include, but are not limited to,
costs associated with the administration of the contract or with
such contractually related functions such as testing, operations,
maintenance and logistics support. These costs do not include the
normal administrative costs of reviewing and processing the Cost
Reduction Proposal.
(c) General. The contractor shall develop, prepare and submit
CRP's with supporting information, as detailed in paragraph (d) of
this clause, to the Contracting Officer. The CRP will describe the
proposed cost reduction activity in sufficient detail to enable the
Contracting Officer to evaluate it and to render an approval or
disapproval. The Contractor shall share in any net cost savings
realized from accepted and implemented CRP's in accordance with the
terms of this clause. The Contractor's actual percentage share of
the cost savings shall be a matter for negotiation with the
Contracting Officer, but shall not, in any event, exceed 50% of the
total recognized cost savings.
(d) Computation of cost savings. The contractor is eligible to
share in savings realized on the covered contract as a result of
implementing approved CRP's. The cost savings to be shared between
the Government and the Contractor will be derived by comparing a
current estimate to complete (ETC) for the covered contract, as
structured before implementation of the proposed CRP, to an ETC
which takes into account the impact of that CRP. Although a CRP may
result in cost savings that extend far into the future, the period
over which the contractor may share in those savings will be limited
to five years. In extenuating circumstances, this five year period
may be extended if the contracting officer agrees with the
contractors proposal, and written concurrence is obtained from the
Director, Analysis Division, Office of Procurement, NASA
Headquarters. Implementation costs of the contractor must be
considered and specifically identified in the revised ETC. Any
change in Government costs associated with the covered contract
shall also be specifically identified and addressed in the CRP. The
contractor shall not be entitled, under the provisions of this
clause, to share in any cost reductions to the contract that are the
result of changes stemming from any action other than an approved
CRP. This clause does not limit, however, recovery of any such
reimbursements that are allowed as a result of other contract
provisions.
(e) Supporting information. As a minimum, the Contractor shall
provide the following supporting information with each CRP:
(1) Identification of the current contract requirement or
practice which is targeted for restructuring.
(2) A description of the difference between the current process
or procedure and the proposed change. This description shall address
how proposed changes will meet NASA requirements and discuss the
advantages and disadvantages of the existing practice and the
proposed changes.
(3) A list of contract requirements which must be revised, if
any, if the CRP is approved, along with proposed revisions. Any
changes to NASA, or delegated, contract management processes should
also be addressed.
(4) Detailed cost estimates which reflect the implementation
costs of the CRP.
(5) An updated ETC for the covered contract, unchanged, and an
ETC for the covered contract which reflects changes resulting from
implementing the CRP. If the CRP proposes changes to only a limited
number of elements of the contract, the ETC's need only address
those portions of the contract that have been impacted. Each ETC
shall depict the level of costs incurred on a period basis. If other
CRP's have been proposed or approved on a contract, the impact of
these CRP's must be addressed in the computation of the cost savings
to ensure that the cost savings identified are attributable only to
the CRP under consideration in the instant case.
(6) A depiction of each estimate to complete shall also provide
a comparison of costs to be incurred, by period, through the end of
the covered contract.
(7) Identification of any other previous submissions of the CRP,
including the dates submitted, the agencies and contracts involved,
and the disposition of those submittals.
(f) Administration.
(1) The contractor shall submit proposed CRP's to the
Contracting Officer who shall be responsible for the review.
evaluation and approval. Normally, CRP's should not be entertained
for the first year of performance to allow the Contracting Officer
to assess performance against the basic requirements. If a cost
reduction project impacts more than a single contract, the
contractor may, upon concurrence of the Contracting Officers
responsible for the affected contracts, submit a single CRP which
addresses fully the cost savings projected on all affected contracts
that contain this Shared Savings Clause. In the case of multiple
contracts affected, responsibility for the review and approval of
the CRP will be a matter to be decided by the affected Contracting
Officers.
(2) The Contracting Officer shall approve or disapprove any
proposed cost reduction plan within 60 days after receipt. In the
event additional time is required, the Contracting Officer shall
notify the Contractor within the 60-day period, provide the reason
for delay and the expected date of the decision. Failure of the
Contracting Officer to provide a response shall not be construed as
approval of the CRP. The contractor shall continue to perform in
accordance with the terms and conditions of the existing contract
until the Contracting Officer executes a contract modification
incorporating the changes identified by the CRP. The modification
shall also adjust the contract cost and price, establish the
contractors share of cost savings, and establish a payment schedule.
(3) Notwithstanding the overall level of savings computed for
any CRP, the contractor shall not be paid any portion of its share
of cost savings until NASA realizes a positive cost savings on the
covered contract. (i.e., if implementation costs result in a period
of increased cost as a result of implementation of the CRP).
(4) The contractor shall be paid in accordance with a schedule
to be established with the contracting officer. Normally a payment
of 50% of the contractors share of the cost savings will be made in
the first month after NASA realizes a positive cost savings on the
covered contract.
(5) Any future restructuring or reorganizing activity (such as a
merger or acquisition)
[[Page 54210]]
undertaken by the Contractor, or to which the contractor becomes an
involved party, which serves to reduce, or reverse the cost savings
realized from an approved CRP for which the contractor has received
payment, may be cause for recomputing the net cost savings
associated with any approved CRP. The Government reserves the right
to make an adjustment to the contractor's share of cost savings and
to receive a refund of moneys paid if necessary. Such adjustment may
only be made after--
(i) the contractor is afforded the opportunity to provide, and
discuss with the contracting officer, full justification and support
for their actions, and
(ii) advance notification is provided to the Director, Analysis
Division, Office of Procurement, NASA Headquarters.
(g) Limitations. Contract requirements that are imposed by
statute shall not be targeted for cost reduction exercises. The
contractor is precluded from receiving reimbursements under this
clause and other incentive provisions of the contract, if any, for
the same cost reductions.
(h) Disapproval of, or failure to approve, any proposed cost
reduction proposal will not be considered a dispute subject to
remedies under the Disputes clause.
(i) Cost savings paid to the contractor in accordance with the
provisions of this clause do not constitute profit or fee within the
limitations imposed by 10 U.S.C. 2306(d) and 41 U.S.C. 254(b).
(End of clause)
[FR Doc. 95-26057 Filed 10-19-95; 8:45 am]
BILLING CODE 7510-01-M
Complete official Federal Register PDF
FR Doc. 95-26049 Proposed Establishment of Class E Airspace; Wray, CO
[Federal Register Volume 60, Number 203 (Friday, October 20, 1995)]
[Proposed Rules]
[Pages 54206-54207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26049]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-ANM-17]
Proposed Establishment of Class E Airspace; Wray, CO
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This proposed rule would establish the Wray, Colorado, Class E
airspace. The airspace would accommodate a new instrument approach
procedure at Wray Municipal Airport, Wray, Colorado. The area would be
depicted on aeronautical charts for pilot reference.
DATES: Comments must be received on or before November 24, 1995.
ADDRESSES: Send comments on the proposal in triplicate to: Manager,
System Management Branch, ANM-530, Federal Aviation Administration,
Docket No. 95-ANM-17, 1601 Lind Avenue SW., Renton, Washington 98055-
4056.
The official docket may be examined at the same address.
An informal docket may also be examined during normal business
hours at the address listed above.
FOR FURTHER INFORMATION CONTACT:
James Frala, ANM-535/A, Federal Aviation Administration, Docket No. 95-
ANM-17, 1601 Lind Avenue SW., Renton, Washington 98055-4056; telephone
number: (206) 227-2535.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify the airspace docket number and be
submitted in triplicate to the address listed above. Commenters wishing
the FAA to acknowledge receipt of their comments on this notice must
submit with those comments a self-addressed, stamped postcard on which
the following statement is made: ``Comments to Airspace Docket No. 95-
ANM-17.'' The postcard will be date/time stamped and returned to the
commenter. All communications received on or before the specified
closing date for comments will be considered before taking action on
the proposed rule. The proposal contained in this notice may be changed
in the light of comments received. All comments submitted will be
available for examination at the address listed above both before and
after the closing date for comments. A report summarizing each
substantive public contact with FAA personnel concerned with this
rulemaking will be filed in the docket.
Availability of NPRM's
Any person may obtain a copy of this Notice of Proposed Rulemaking
(NPRM) by submitting a request to the Federal Aviation Administration,
System Management Branch, ANM-530, 1601 Lind Avenue SW., Renton,
Washington 98055-4056. Communications must identify the notice number
of this NPRM. Persons interested in being placed on a mailing list for
future NPRM's should also request a copy of Advisory Circular No. 11-
2A, which describes the application procedure.
The Proposal
The FAA is considering an amendment to part 71 of the Federal
Aviation Regulations (14 CFR part 71) to establish Class E airspace at
Wray, Colorado, to accommodate a new instrument approach procedure at
Wray Municipal Airport. The area would be depicted on aeronautical
charts for pilot reference. The coordinates for this airspace docket
are based on North American Datum 83. Class E airspace areas extending
upward from 700 feet or more above the surface of the earth are
published in Paragraph 6005 of FAA Order 7400.9C dated August 17, 1995,
and effective September 16, 1995, which is incorporated by reference in
14 CFR 71.1. The Class E airspace designation listed in this document
would be published subsequently in the Order.
The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It,
[[Page 54207]]
therefore, (1) is not a ``significant regulatory action'' and under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: (49 U.S.C. 106(g) 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
ANM CO E5 Wray, CO
Wray Municipal Airport, CO
(Lat. 40 deg.06'00'' N; long. 102 deg.14'27''W)
That airspace extending upward from 700 feet above the surface
within a 6.5=mile radius of the Wray Municipal Airport; that
airspace extending upward from 1,200 feet above the surface bounded
by a line beginning at lat. 40 deg.12'00''N, long, 102 deg.30'00''W;
to lat 40 deg.16'00''N, long. 102 deg.03'00'' W; to lat.
39 deg.45'00'' N, long. 102 deg.03'00'' W; to lat. 39 deg.45'00''N,
long. 102 deg.14'00'' W; to lat. 40 deg.00'00'' N, long.
102 deg.30'00'' W; thence to point of beginning.
* * * * *
Issued in Seattle, Washington, on October 4, 1995.
Richard E. Prang,
Acting Assistant Manager, Air Traffic Division, Northwest Mountain
Region.
[FR Doc. 95-26049 Filed 10-19-95; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 95-26048 Proposed Amendment of Class E Airspace; Bullhead City, AZ
[Federal Register Volume 60, Number 203 (Friday, October 20, 1995)]
[Proposed Rules]
[Pages 54205-54206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26048]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Airspace Docket No. 95-AWP-29]
Proposed Amendment of Class E Airspace; Bullhead City, AZ
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This notice proposes to amend the Class E airspace area at
Bullhead City, AZ. Additional controlled airspace is required for
aircraft executing instrument approach procedures at Laughlin/Bullhead
International Airport. The intended effect of this proposal is to
provide adequate controlled airspace for Instrument Flight Rules (IFR)
operations at Laughlin/Bullhead International Airport, Bullhead City,
AZ.
DATES: Comments must be received on or before November 27, 1995.
ADDRESSES: Send comments on the proposal in triplicate to: Federal
Aviation Administration, Attn: Manager, System Management Branch, AWP-
530, Docket No. 95-AWP-29, Air Traffic Division, P.O. Box 92007,
Worldway Postal Center, Los Angeles, California 90009.
The official docket may be examined in the Office of the Assistant
Chief Counsel, Western Pacific Region, Federal Aviation Administration,
Room 6007, 15000 Aviation Boulevard, Lawndale, California 90261.
An informal docket may also be examined during normal business at
the Office of the Manager, System Management Branch, Air Traffic
Division at the above address.
FOR FURTHER INFORMATION CONTACT:
Scott Speer, Airspace Specialist, System Management Branch, AWP-530,
Air Traffic Division, Western-Pacific Region, Federal Aviation
Administration, 15000 Aviation Boulevard, Lawndale, California 90261,
telephone (310) 725-6533.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify the airspace docket number and be
submitted in triplicate to the address listed above. Commenters wishing
the FAA to acknowledge receipt of their comments on this notice must
submit with the comments a self-addressed, stamped postcard on which
the following statement is made: ``Comments to Airspace Docket No. 95-
AWP-29.'' The postcard will be date/time stamped and returned to the
commenter. All communications received on or before the specified
closing date for comments will be considered before taking action on
the proposed rule. The proposal contained in this notice may be changed
in light of comments received. All comments submitted will be available
for examination in the System Management Branch, Air Traffic Division,
at 15000 Aviation Boulevard, Lawndale, California 90261, both before
and after the closing date for comments. A report summarizing each
substantive public contact with FAA personnel concerned with this
rulemaking will be filed in the docket.
Availability of NPRM
Any person may obtain a copy of this Notice of Proposed Rulemaking
(NPRM) by submitting a request to the Federal Aviation Administration,
System Management Branch, P.O. Box 92007, Worldway Postal Center, Los
Angeles, California 90009. Communications must identify the notice
number of this NPRM. Persons interested in being placed on a mailing
list for future NPRM's should also request a copy of Advisory Circular
No. 11-2A which describes the application procedures.
The Proposal
The FAA is considering an amendment to part 71 of the Federal
Aviation Regulations (14 CFR part 71) to provide additional controlled
airspace for Instrument Flight Rules (IFR) procedures at the Laughlin/
Bullhead International Airport, AZ. The intended effect of this
proposal is to provide adequate Class E airspace for aircraft executing
the Standard Instrument Approach Procedure at Laughlin/Bullhead
International Airport, Bullhead, AZ. Class E airspace designations for
airspace areas extending upward from 700 feet or more above the surface
of the earth are published in Paragraph 6005 of FAA Order 7400.9C dated
August 17, 1995, and effective September 16, 1995, which is
incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
this Order.
[[Page 54206]]
The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation--(1) is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 10034; February 26, 1979); and (3) does not warrant preparation of a
Regulatory Evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified that this proposed rule would not
have a significant economic impact on a substantial number of small
entities under the criteria of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:
PART 71--[AMENDED]
1. The authority citation for 14 CFR part 71 is revised to read as
follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9C, Airspace Designations and
Reporting Points, dated August 17, 1995, and effective September 16,
1995, is amended as follows:
Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.
* * * * *
AWP AZ E5 Bullhead City, AZ. [Revised]
Laughlin/Bullhead International Airport, AZ
(Lat. 35 deg.08'50'' N, long. 114 deg.33'32'' W)
Neeles VORTAC, CA
(Lat. 34 deg.45'58'' N, long. 114 deg.28'27'' W)
That airspace extending upward from 700 feet above the surface
within a 6-mile radius of the Laughlin/Bullhead International
Airport and within 3 miles each side of the Needles VORTAC 350 deg.
radial extending from the 6-mile radius to 10 miles south of the
Laughlin/Bullhead International Airport. That airspace extending
upward from 1,200 feet above the surface bounded by a line beginning
at lat. 34 deg.55'00'' N, long. 114 deg.36'00'' W; to lat.
35 deg.07'00'' N, long. 115 deg.00'00'' W; to lat. 35 deg.16'00'' N,
long. 115 deg.00'00'' W; to lat. 35 deg.30'00'' N, long.
114 deg.47'00'' W; thence to the point of beginning.
* * * * *
Issued in Los Angeles, California, on October 4, 1995.
Richard R. Lien,
Manager, Air Traffic Division, Western-Pacific Region.
[FR Doc. 95-26048 Filed 10-19-95; 8:45 am]
BILLING CODE 4910-13-M
Complete official Federal Register PDF
FR Doc. 95-26042 Atlantic Surf Clam and Ocean Quahog Fishery; Possible Protocol for Testing for Paralytic Shellfish Poisoning
[Federal Register Volume 60, Number 203 (Friday, October 20, 1995)]
[Proposed Rules]
[Page 54211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26042]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
50 CFR Part 652
[I.D. 101295C]
Atlantic Surf Clam and Ocean Quahog Fishery; Possible Protocol
for Testing for Paralytic Shellfish Poisoning
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of public meeting.
-----------------------------------------------------------------------
SUMMARY: A public meeting will be held to discuss the protocol for
dockside testing of paralytic shellfish poisoning (PSP) toxin in surf
clams and ocean quahogs and the possible reopening of Georges Bank to
the fishery if the protocol is adopted.
DATES: The meeting will be held on October 24, 1995, from 10:00 a.m.
until 5:00 p.m.
ADDRESSES: The meeting will be held at the National Marine Fisheries
Service, Northeast Regional Office, One Blackburn Drive, Gloucester, MA
01930; (508)-281-9250. Requests for special accommodations may be
addressed to the Regional Director located at the address mentioned
above.
FOR FURTHER INFORMATION CONTACT: Myles Raizin, Resource Policy Analyst,
(508)-281-9104.
SUPPLEMENTARY INFORMATION: The purpose of the meeting is to discuss the
development of a protocol for dockside testing for PSP in surf clams
and ocean quahogs. Representatives of various government agencies and
the surf clam and ocean quahog industry will meet to: Determine the
state of industry interest in harvesting surf clams and ocean quahogs
under the requirements of the protocol; identify the factors that may
hinder full implementation of the protocol; clearly define or redefine
the roles of all participants in implementing the protocol, including
any needed approvals, agreements, or policy statements; discuss
probable NMFS authorization of an experimental fishery to operationally
test the protocol; and discuss the possibility of reopening Georges
Bank to the fishery if the protocol is adopted.
This meeting is physically accessible to people with disabilities.
Requests for sign language interpretation or other auxiliary aids
should be directed to the Regional Director (see ADDRESSES) at least 5
days prior to the meeting date.
Dated: October 17, 1995.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
[FR Doc. 95-26042 Filed 10-17-95; 2:53 pm]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 95-26041 New England Fishery Management Council; Meeting
[Federal Register Volume 60, Number 203 (Friday, October 20, 1995)]
[Proposed Rules]
[Pages 54210-54211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26041]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 649, 650, and 651
[I.D. 101295B]
New England Fishery Management Council; Meeting
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Public meeting.
-----------------------------------------------------------------------
SUMMARY: The New England Fishery Management Council (Council) will hold
a 2-day public meeting on October 25-26, 1995, to consider actions
affecting New England fisheries in the exclusive economic zone.
DATES: The two sessions of the meeting will begin at 10 a.m. on
Wednesday, October 25, 1995, and at 8:30 a.m. on Thursday, October 26,
1995, at 8:30 a.m.
ADDRESSES: The meeting will be held at the King's Grant Inn, Route 128
at Trask Lane, Danvers, MA 01923. Requests for special accommodations
should be addressed to Douglas G. Marshall, Executive Director, New
England Fishery Management Council, 5 Broadway, Saugus, MA 01906-1097,
telephone: (617) 231-0422.
FOR FURTHER INFORMATION CONTACT: Douglas G. Marshall, Executive
Director, New England Fishery Management Council (617) 231-0422.
SUPPLEMENTARY INFORMATION:
October 25, 1995 Session
On October 25, 1995, the Council's public meeting will begin with
reports given by the Chairman of the Council, the Executive Director of
the Council, the NMFS Regional Director, the liaison from the Northeast
Fisheries Science Center of NMFS, the liaison from the Mid-Atlantic
Fishery Management Council, and representatives from the U.S. Coast
Guard, the Atlantic States Marine Fisheries Commission, and the U.S.
Department of State. These reports will be followed by an extra report
from the U.S. Coast Guard on their new enforcement initiatives.
During the afternoon session, the Council will begin its formal
review of public comments received on Amendment 7 to the Fishery
Management Plan for the Northeast Multispecies Fishery (FMP). The
comment period on the draft amendment ends on October 18, 1995. The
Council may also consider recommendations received from the October 18,
1995, Groundfish Committee (Committee) meeting regarding the haddock
possession limit and how NMFS will report to the Council on the status
of experimental and exempted fisheries operating under the FMP, both in
terms of frequency of reports and the content of such reports.
October 26, 1995 Session
The October 26, 1995, session will begin with a report on the
October 12, 1995, meeting between the Council's United States-Canada
Issues Committee and representatives from Canada and NMFS. This report
will be followed by an update on the United States-Canada
[[Page 54211]]
October 13, 1995, meeting held to discuss the status of Atlantic
herring management and research. The morning portion of the session
will conclude with a report on the October 18, 1995, Advisory Panel
meeting of the International Commission for Conservation of Atlantic
Tunas.
Under the framework for abbreviated rulemaking contained in 50 CFR
parts 649, 650, and 651, the Council will initiate Framework Adjustment
6 to the Fishery Management Plan for American Lobster (Lobster FMP) to
prevent shifts of fishing effort into the lobster fishery because of
restrictions on groundfish and on other fisheries. This will be
considered the initial meeting of this framework action.
The Council will also hear recommendations from the Lobster
Committee related to the advance notice of proposed rulemaking on
lobster that discusses the possible withdrawal of the Lobster FMP by
NMFS or submission of an amendment by the Secretary of Commerce to
eliminate any overfishing. Finally, the Council may consider the
Lobster Committee's recommendations for terms of reference for the
review of the lobster overfishing definition and assessment methods.
The afternoon portion of the October 26 session will feature an
update on proposed management measures for monkfish (goosefish) that
will include recommendations for total allowable landings and for trip
limits for the bycatch fishery. The Council will also be updated by the
Gear Conflict Committee chairperson on the development of an amendment
to various fishery management plans designed to resolve gear conflict
issues.
The Council meeting will conclude with a closed session to address
administrative matters.
This meeting is physically accessible to people with disabilities.
Requests for sign language interpretation or other auxiliary aids
should be directed to Douglas G. Marshall (see ADDRESSES) at least 5
days prior to the meeting date.
Dated: October 17, 1995.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management,
National Marine Fisheries Service.
[FR Doc. 95-26041 Filed 10-17-95; 2:53 pm]
BILLING CODE 3510-22-F
Complete official Federal Register PDF
FR Doc. 95-25995 Importation of Polar Bear Trophies From Canada; Proposed Rule on Legal and Scientific Findings to Implement Section 104(c)(5)(A) of the 1994 Amendments to the Marine Mammal Protection Act
[Federal Register Volume 60, Number 203 (Friday, October 20, 1995)]
[Proposed Rules]
[Page 54210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25995]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 18
RIN 1018-ADO4
Importation of Polar Bear Trophies From Canada; Proposed Rule on
Legal and Scientific Findings to Implement Section 104(c)(5)(A) of the
1994 Amendments to the Marine Mammal Protection Act
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of reopening of comment period.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service gives notice that the
comment period on the proposed legal and scientific findings for
issuance of permits for the importation of polar bears (Ursus
maritimus) taken in sport hunts in Canada, including ones taken, but
not imported, prior to enactment of the 1994 Amendments of the Marine
Mammal Protection Act will be reopened for 15 days to obtain further
comments.
DATES: Public comments received on or before November 6, 1995 will be
considered by the Service.
ADDRESSES: Comments may be submitted to the Director, Fish and Wildlife
Service, c/o Office of Management Authority, 4401 North Fairfax Drive,
Room 420(c), Arlington, Virginia 22203.
FOR FURTHER INFORMATION CONTACT: Kenneth Stansell, Chief, Office of
Management Authority, at the above address, or call (703) 358-2093; fax
(703) 358-2280.
SUPPLEMENTARY INFORMATION: The Service published proposed findings for
issuance of permits for the importation of sport-hunted polar bear
trophies on July 17, 1995 (60 FR 36382). The original comment period
ended on August 31, 1995. The Service received a request from The
Humane Society of the United States, Washington, D.C., The Humane
Society of Canada, Toronto, Ontario, Canada, and Polar Bears Alive,
Tiburon, California, to extend the comment period by 45 days to allow
for further review and opportunity to comment by interested parties.
The Service has decided to extend the comment period by 15 days in the
interest of meeting their request as well as the interests of the
public and organizations who are seeking expeditious completion of the
regulatory process. Interested organizations and the public are invited
to comment on concerns as outlined in the July 17 Federal Register.
Authority: This notice was prepared under the authority of the
Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et
seq.).
Dated: September 25, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-25995 Filed 10-19-95; 8:45 am]
BILLING CODE 4310-55-P
Complete official Federal Register PDF
FR Doc. 95-25994 Airworthiness Directives; Pratt & Whitney JFTD12A Series and T73 Series Turboshaft Engines
[Federal Register Volume 60, Number 203 (Friday, October 20, 1995)]
[Proposed Rules]
[Pages 54203-54205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25994]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
14 CFR Part 39
[Docket No. 94-ANE-49]
Airworthiness Directives; Pratt & Whitney JFTD12A Series and T73
Series Turboshaft Engines
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to Pratt & Whitney (PW) JFTD12A
series and T73 series turboshaft engines. This proposal would require
initial and repetitive fluorescent penetrant inspections (FPI) of
compressor hubs, disks, spacers, and bolted on (rotating) airseals for
cracks, and replacement, if necessary, with serviceable parts. This
proposal is prompted by reports of extensive compressor rotor part
cracking. The actions specified by the proposed AD are intended to
prevent disk rupture, an uncontained engine failure, and possible
damage to the helicopter.
DATES: Comments must be received by December 19, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), New England Region, Office of the Assistant Chief
Counsel, Attention: Rules Docket No. 94-ANE-49, 12 New England
Executive Park, Burlington, MA 01803-5299. Comments may be inspected at
this location between 8:00 a.m. and 4:30 p.m., Monday through Friday,
except Federal holidays.
The service information referenced in the proposed rule may be
obtained from Pratt & Whitney, 400 Main St., East Hartford, CT 06108.
This information may be examined at the FAA, New England Region, Office
of the Assistant Chief Counsel, 12 New England Executive Park,
Burlington, MA.
FOR FURTHER INFORMATION CONTACT: Barbara Caufield, Aerospace Engineer,
Engine Certification Office, FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803-5299; telephone (617)
238-7146, fax (617) 238-7199.
[[Page 54204]]
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 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 94-ANE-49.'' 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, New England Region, Office of the Assistant Chief Counsel,
Attention: Rules Docket No. 94-ANE-49, 12 New England Executive Park,
Burlington, MA 01803-5299.
Discussion
The Federal Aviation Administration (FAA) has received reports of
cracked compressor hubs, disks, spacers, and bolted on (rotating)
airseals installed on Pratt & Whitney (PW) Models JFTD12A-4A and -5A
turboshaft engines. These cracked components were found during overhaul
type inspections performed at intervals less than the current engine
overhaul interval. Laboratory analysis of several parts from three of
these engines has detected a similar pattern of high cycle fatigue
cracking from multiple origins in compressor disk tierod and blade
attachment pin holes, spacer tierod and lightening holes, and airseal
tierod and lightening holes. This condition, if not corrected, could
result in disk rupture, an uncontained engine failure, and possible
damage to the helicopter.
The FAA has also determined that there are engines and aircraft
operating under Restricted Category that are identical to the
commercial PW JFTD12A series engines and Sikorsky S-64 series
helicopters, however, these retain their military designations, T73
series engines and CH-54 series helicopters. The T73 series engines are
subject to the same unsafe condition as the PW JFTD12 series engines,
and, therefore, are included in this AD.
The FAA has reviewed and approved the technical contents of PW
Alert Service Bulletin (ASB) No. 5856, Revision 1, dated December 13,
1991, that describes procedures for initial and repetitive fluorescent
penetrant inspections (FPI) of compressor hubs, disks, spacers, and
bolted on (rotating) airseals for cracks, and replacement, if
necessary, with serviceable parts.
Since an unsafe condition has been identified that is likely to
exist or develop on other products of this same type design, the
proposed AD would require initial and repetitive FPI of compressor
hubs, disks, spacers, and bolted on (rotating) airseals for cracks, and
replacement, if necessary, with serviceable parts. The actions would be
required to be accomplished in accordance with the alert service
bulletin described previously.
There are approximately 120 engines of the affected design in the
worldwide fleet. The FAA estimates that 47 engines installed on
aircraft of U.S. registry would be affected by this proposed AD, that
it would take approximately 140 work hours per engine to accomplish the
proposed actions, and that the average labor rate is $60 per work hour.
Required parts would cost approximately $40,670 per engine. Based on
these figures, the total cost impact of the proposed AD on U.S.
operators is estimated to be $2,306,290.
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), 40101, 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Pratt & Whitney: Docket No. 94-ANE-49.
Applicability: Pratt & Whitney Models JFTD12A-4A and -5A, and
T73-P-1 and -P-700 turboshaft engines, installed on but not limited
to Sikorsky S-64 series and CH-54 series helicopters.
Note: This AD applies to each engine 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 engines that have been modified, altered, or repaired so
that the performance of the requirements of this AD is affected, the
owner/operator must use the authority provided in paragraph (d) to
request approval from the FAA. This approval may address either no
action, if the current configuration eliminates the unsafe
condition, or different actions necessary to address the unsafe
condition described in this AD. Such a request should include an
assessment of the effect of the changed configuration on the unsafe
condition addressed by this AD. In no case does the presence of any
modification, alteration, or repair remove any engine from the
applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously.
To prevent disk rupture, an uncontained engine failure, and
possible damage to the helicopter, accomplish the following:
(a) Perform a fluorescent penetrant inspection (FPI) of
compressor hubs, disks, spacers, and bolted on (rotating) airseals
for cracks in accordance with PW Alert Service
[[Page 54205]]
Bulletin (ASB) No. 5856, Revision 1, dated December 13, 1991, as
follows:
(1) Prior to further flight, for engines that equal or exceed
2,200 hours time in service (TIS) since last FPI of affected parts
on the effective date of this airworthiness directive (AD).
(2) At or before 2,200 hours TIS since last FPI of affected
parts on the effective date of this AD, for engines that equal or
exceed 1,500 hours TIS but have less than 2,200 hours TIS since last
FPI of affected parts on the effective date of this AD.
(3) At or before 1,500 hours TIS since last FPI of affected
parts on the effective date of this AD, for engines that have less
than 1,500 hours TIS since last FPI of affected parts on the
effective date of this AD.
(4) Prior to further flight, remove cracked compressor hubs,
disks, spacers, and bolted on (rotating) airseals, and replace with
serviceable parts.
(b) Thereafter, except for engines described in paragraph (c) of
this AD, perform repetitive FPI of affected parts for cracks at
intervals not to exceed 1,500 hours TIS since last FPI in accordance
with PW ASB No. 5856, Revision 1, dated December 13, 1991.
(c) For all engines inspected in accordance with paragraph (a)
or (b) of this AD that have zero time second and third stage
compressor disks installed after the effective date of this AD,
perform the next FPI of affected parts at or before 3,000 hours TIS
since the last FPI performed in accordance with paragraph (a) or (b)
of this AD, and thereafter perform repetitive FPI of affected parts
for cracks at intervals not to exceed 1,500 hours TIS since the last
FPI, in accordance with PW ASB No. 5856, Revision 1, dated December
13, 1991.
(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, Engine Certification Office. The
request should be forwarded through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, Engine Certification Office.
Note: Information concerning the existence of approved
alternative methods of compliance with this airworthiness directive,
if any, may be obtained from the Engine Certification Office.
(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 aircraft to a location where
the requirements of this AD can be accomplished.
Issued in Burlington, Massachusetts, on October 11, 1995.
Jay J. Pardee,
Manager, Engine and Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 95-25994 Filed 10-19-95; 8:45 am]
BILLING CODE 4910-13-P
Complete official Federal Register PDF
FR Doc. 95-25988 Airworthiness Directives; Airbus Model A320 Series Airplanes
[Federal Register Volume 60, Number 203 (Friday, October 20, 1995)]
[Proposed Rules]
[Pages 54202-54203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25988]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 /
Proposed Rules
[[Page 54202]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 95-NM-77-AD]
Airworthiness Directives; Airbus Model A320 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This document proposes the adoption of a new airworthiness
directive (AD) that is applicable to certain Airbus Model A320 series
airplanes. This proposal would require replacement of the relays in the
forward electronics rack of the braking system of the landing gear with
new relays. This proposal is prompted by reports of loss of the systems
of the braking/steering control unit (BSCU) on these airplanes due to
electrical overvoltage of the relays. The actions specified by the
proposed AD are intended to prevent such electrical overvoltage of the
relays, which could result in the loss of the BSCU systems, and
subsequent loss of the antiskid functions and nose wheel steering of
the airplane.
DATES: Comments must be received by December 4, 1995.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 95-NM-77-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 Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France. This information may be examined at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington.
FOR FURTHER INFORMATION CONTACT: Charles D. Huber, Aerospace Engineer,
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, Washington 98055-4056; telephone (206)
227-2589; 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-77-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-77-AD, 1601 Lind Avenue SW., Renton, Washington 98055-
4056.
Discussion
The Direction Generale de l'Aviation Civile (DGAC), which is the
airworthiness authority for France, recently notified the FAA that an
unsafe condition may exist on certain Airbus Model A320 series
airplanes. The DGAC advises that it has received several reports of
loss of the two systems of the braking/steering control unit (BSCU) on
these airplanes. Investigation revealed that this problem was caused by
an electrical overvoltage of the relays during the transfer to the
second system of the BSCU upon the loss of the first system. This
condition, if not corrected, could result in loss of the BSCU system,
and subsequent loss of the antiskid functions and nose wheel steering
of the airplane.
Airbus has issued Service Bulletin A320-32-1115, Revision 2, dated
September 21, 1994, which describes procedures for replacement of the
relays 24 GG and 25 GG in the forward electronics rack 90VU of zone 120
of the braking system of the landing gear with new relays. This
replacement will improve the electrical overvoltage protection on the
braking system. The DGAC classified this service bulletin as mandatory
and issued French airworthiness directive (CN) 93-163-043 (B), dated
September 29, 1993, in order to assure the continued airworthiness of
these airplanes in France.
This airplane model is manufactured in France and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DGAC has kept the FAA informed
of the situation described above. The FAA has examined the findings of
the DGAC, reviewed all available information, and determined that AD
action is necessary for products of this type design that are
certificated for operation in the United States.
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, the proposed AD would require replacement of
certain relays in the forward electronics rack 90VU of the braking
system of the landing gear with new relays. The actions would be
required to be accomplished in accordance with the service bulletin
described previously.
The FAA estimates that 87 airplanes of U.S. registry would be
affected by this proposed AD, that it would take
[[Page 54203]]
approximately 2 work hours per airplane to accomplish the proposed
actions, and that the average labor rate is $60 per work hour. Required
parts would be supplied by the manufacturer at no cost to the
operators. Based on these figures, the total cost impact of the
proposed AD on U.S. operators is estimated to be $10,440, or $120 per
airplane.
The total cost impact figure discussed above is based on
assumptions that no operator has yet accomplished any of the proposed
requirements of this AD action, and that no operator would accomplish
those actions in the future if this AD were not adopted.
The regulations proposed herein would not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this proposed
regulation (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under the DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, will not have a significant economic impact,
positive or negative, on a substantial number of small entities under
the criteria of the Regulatory Flexibility Act. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
part 39 of the Federal Aviation Regulations (14 CFR part 39) as
follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40101, 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
Airbus Industrie: Docket 95-NM-77-AD.
Applicability: Model A320 series airplanes on which Airbus
Modification 23611 (reference Airbus Service Bulletin A320-32-1115)
has not been installed; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must use the authority
provided in paragraph (b) of this AD to request approval from the
FAA. This approval may address either no action, if the current
configuration eliminates the unsafe condition; or different actions
necessary to address the unsafe condition described in this AD. Such
a request should include an assessment of the effect of the changed
configuration on the unsafe condition addressed by this AD. In no
case does the presence of any modification, alteration, or repair
remove any airplane from the applicability of this AD.
Compliance: Required as indicated, unless accomplished
previously.
To prevent an electrical overvoltage of the relays, which could
result in the loss of the braking/steering control unit (BSCU)
systems, and subsequent loss of the antiskid functions and nose
wheel steering of the airplane, accomplish the following:
(a) Within 10 months after the effective date of this AD,
replace relays 24 GG and 25 GG in the forward electronics rack 90VU
of zone 120 of the braking system of the landing gear with new
relays, in accordance with Airbus Service Bulletin A320-32-1115,
Revision 2, dated September 21, 1994.
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Standardization Branch, ANM-113,
FAA, Transport Airplane Directorate. Operators shall submit their
requests through an appropriate FAA Principal Maintenance Inspector,
who may add comments and then send it to the Manager,
Standardization Branch, ANM-113.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Standardization Branch, ANM-113.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Issued in Renton, Washington, on October 16, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 95-25988 Filed 10-19-95; 8:45 am]
BILLING CODE 4910-13-U
Complete official Federal Register PDF
FR Doc. 95-25985 Older Workers Benefit Protection Act of 1990 (OWBPA)
[Federal Register Volume 60, Number 203 (Friday, October 20, 1995)]
[Proposed Rules]
[Page 54207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25985]
=======================================================================
-----------------------------------------------------------------------
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
29 CFR Ch. XIV
Older Workers Benefit Protection Act of 1990 (OWBPA)
AGENCY: Equal Employment Opportunity Commission (EEOC).
ACTION: Notice of establishment of Negotiated Rulemaking Advisory
Committee.
-----------------------------------------------------------------------
SUMMARY: EEOC announces the establishment of a Federal Advisory
Committee for Negotiated Rulemaking under Title II of the Older Workers
Benefits Protection Act of 1990 (the Committee). A Notice of Intent to
form the Committee was published in the Federal Register on August 31,
1995, 60 FR 45388.
DATES: On or about November 6, 1995, EEOC will file the Committee's
Charter with the General Services Administration, the Library of
Congress, and all Congressional committees with jurisdiction over EEOC.
FOR FURTHER INFORMATION CONTACT: Joseph N. Cleary, Paul E. Boymel, or
John K. Light, ADEA Division, Office of Legal Counsel, EEOC, 1801 L
Street, NW., Washington, DC 20507, (202) 663-4692.
SUPPLEMENTARY INFORMATION:
I. Nature and Purpose of Committee
As explained in the August 31, 1995 Federal Register Notice, the
Committee is to have a balanced membership reflecting various affected
interests. The Committee will be an advisory committee whose objective
is to assist EEOC in developing a Notice of Proposed Rulemaking (NPRM)
under Title II of OWBPA, relating to the enforceability of unsupervised
waivers of rights under the Age Discrimination in Employment Act of
1967.
II. Need for Committee
For the reasons set forth in the August 31, 1995 Federal Register
notice, the Chairman, EEOC, certifies that the Committee is necessary
and in the public interest.
Gilbert F. Casellas,
Chairman.
[FR Doc. 95-25985 Filed 10-19-95; 8:45 am]
BILLING CODE 6570-07-M
Complete official Federal Register PDF
FR Doc. 95-25918 Extension of Comment Period for the Proposed Identification and Listing of Hazardous Waste/Dye and Pigment Industries
[Federal Register Volume 60, Number 203 (Friday, October 20, 1995)]
[Proposed Rules]
[Pages 54207-54208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25918]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 261, 271, and 302
[SWH-FRL-5316-4]
Extension of Comment Period for the Proposed Identification and
Listing of Hazardous Waste/Dye and Pigment Industries
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule; reopening of comment period.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA or Agency) is
reopening the comment period for the proposed listing determination for
the dyes and pigments industry, which appeared in the Federal Register
on December 22, 1994 (see 59 FR 66072-114). The public comment period
for this proposed rule was to end on October 17, 1995. The purpose of
this notice is to reopen the comment period to end on November 30,
1995. This reopening of the comment period is provided due to
unresolved confidential business information (CBI) issues.
DATES: EPA will accept public comments on this proposed listing
determination until November 30, 1995. Comments postmarked after the
close of the comment period will be stamped ``late.''
ADDRESSES: The public must send an original and two copies of their
comments to EPA RCRA Docket Number F-94-DPLP-FFFFF, Room 2616, U.S.
EPA, 401 M Street, SW, Washington, DC. The docket is open from 9 a.m.
to 4 p.m., Monday through Friday, excluding Federal holidays. The
public must make an appointment to review docket materials by calling
(202) 260-9327. The public may copy material from any regulatory docket
at no cost for the first 100 pages, and at $0.15 per page for
additional copies.
FOR FURTHER INFORMATION CONTACT: For technical information concerning
this notice, please contact Wanda Levine, Office of Solid Waste (5304),
U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC
20460, (202) 260-7458.
SUPPLEMENTARY INFORMATION: This proposed rule was issued under Section
3001(b) of RCRA. EPA proposed to list certain wastes generated during
the production of dyes and pigments because these wastes may pose a
substantial present or potential risk to human health or the
environment when improperly managed. See 59 FR 66072-114 (December 22,
1994) for a more
[[Page 54208]]
detailed explanation of the proposed rule.
These proposed hazardous waste listings were based in part upon
data claimed as confidential by certain dye and pigment manufacturers.
Although EPA hopes to publish these data or information derived from
these data to the extent relevant to the proposed listing, the Agency
is unable to do so at the present time due in large part to the
issuance of a preliminary injunction against EPA in Magruder Color Co.
v. EPA, Civ. No. 94-5768 (D.N.J.). EPA is pursuing avenues to allow
publication of the information and hopes to supplement the public
record with and allow public comment on such information prior to
issuance of a final listing. However, because EPA currently is
obligated to publish a final rule by November 30, 1995 pursuant to a
consent decree entered in EDF v. Browner, Civ. No. 89-0598 (D.D.C.), at
this time EPA is only reopening the comment period until November 30,
1995. EPA will attempt to seek an extension of that deadline, and if
successful, will further extend the comment period. If EPA is
unsuccessful in obtaining an extension, the comment period will close
on November 30, 1995.
Dated: October 10, 1995.
Elizabeth A. Cotsworth,
Acting Director, Office of Solid Waste.
[FR Doc. 95-25918 Filed 10-19-95; 8:45 am]
BILLING CODE 6560-50-P
Complete official Federal Register PDF
FR Doc. 95-25913 Plastic Surgery
[Federal Register Volume 60, Number 203 (Friday, October 20, 1995)]
[Proposed Rules]
[Page 54288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25913]
[[Page 54287]]
_______________________________________________________________________
Part II
Department of Justice
_______________________________________________________________________
Bureau of Prisons
_______________________________________________________________________
28 CFR Parts 549 and 551
Plastic Surgery and Inmate Organizations; Proposed Rules
Federal Register / Vol. 60, No. 203 / Friday, October 20, 1995 /
Proposed Rules
[[Page 54288]]
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 549
[BOP-1020-P]
RIN 1120-AA26
Plastic Surgery
AGENCY: Bureau of Prisons, Justice.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Bureau of Prisons is proposing revised
regulations concerning the circumstances and procedures under which the
Bureau approves plastic surgery for inmates. The proposed regulations
establish criteria under which plastic surgery may be approved: as a
component of standard medical/surgical treatment, when necessary for
the good order and security of the institution, and in other special
situations as determined by the Medical Director. Additionally, these
regulations have been reorganized to emphasize ``informed consent'' and
to remove unnecessary provisions.
DATES: Comments due by December 19, 1995.
ADDRESSES: Office of General Counsel, Bureau of Prisons, HOLC Room 754,
320 First Street NW., Washington, DC 20534.
FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General
Counsel, Bureau of Prisons, phone (202) 514-6655.
SUPPLEMENTARY INFORMATION: The Bureau of Prisons is proposing to amend
its regulations on plastic surgery (28 CFR part 549, subpart D). A
final rule on this subject was published in the Federal Register on
June 29, 1979 (44 FR 38236).
Under its current regulations on plastic surgery, the Bureau
provides, within available resources, corrective and reconstructive
surgery for an inmate to correct obvious disfigurement. Approval for
such surgery follows when the surgery is indicated for medical reasons
or when it is believed that such surgery will assist the inmate's
institutional or post-release adjustment.
The proposed regulations stipulate in the statement of purpose that
the Bureau ordinarily does not perform plastic surgery on inmates to
correct preexisting disfigurements (including tattoos) on any part of
the body. Plastic surgery may be performed when it is a component of
the presently medically necessary standard of treatment. Plastic
surgery may also be approved under special circumstances: Namely, for
the good order and security of the institution, or when some question
exists as to whether the surgery qualifies as a component of presently
medically necessary standard of treatment. Further revisions to the
regulations include simplification and reorganization of the procedures
for approval and ``informed consent.'' Procedures relating to staff
processing of inmate identification records have been removed and have
been made part of internal instructions to staff.
The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of E.O. 12866, and
accordingly was not reviewed by the Office of Management and Budget.
After review of the law and regulations, the Director, Bureau of
Prisons has certified that this rule, for the purpose of the Regulatory
Flexibility Act (Pub. L. 96-354), does not have a significant impact on
a substantial number of small entities.
Interested persons may participate in this proposed rulemaking by
submitting data, views, or arguments in writing to the Bureau of
Prisons, 320 First Street NW., HOLC Room 754, Washington, DC 20534.
Comments received during the comment period will be considered before
final action is taken. All comments received remain on file for public
inspection at the above address. The proposed rule may be changed in
light of the comments received. No oral hearings are contemplated.
List of Subjects in 28 CFR Part 549
Prisoners.
Wallace H. Cheney,
Acting Director, Bureau of Prisons.
Accordingly, pursuant to the rulemaking authority vested in the
Attorney General in 5 U.S.C. 552(a) and delegated to the Director,
Bureau of Prisons in 28 CFR 0.96(p), it is proposed to amend part 549
in subchapter C of 28 CFR, chapter V as set forth below.
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 549--MEDICAL SERVICES
1. The authority citation for 28 CFR part 549 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4005,
4042, 4045, 4081, 4082, (Repealed in part as to offenses committed
on or after November 1, 1987), 4241-4247, 5006-5024 (Repealed
October 12, 1984, as to offenses committed after that date), 5039:
28 U.S.C. 509, 510; 28 CFR 0.95-0.99.
2. Subpart D, consisting of Secs. 549.50 and 549.51, is revised to
consist of Secs. 549.50 through 549.52 as follows:
Subpart D--Plastic Surgery
Sec.
549.50 Purpose and scope.
549.51 Approval procedures.
549.52 Informed consent.
Subpart D--Plastic Surgery
Sec. 549.50 Purpose and scope.
The Bureau of Prisons does not ordinarily perform plastic surgery
on inmates to correct preexisting disfigurements (including tattoos) on
any part of the body. In circumstances where plastic surgery is a
component of a presently medically necessary standard of treatment (for
example, part of the treatment for facial lacerations or for
mastectomies due to cancer) or it is necessary for the good order and
security of the institution, the necessary surgery may be performed.
Sec. 549.51 Approval procedures.
The Clinical Director shall consider individually any request from
an inmate or a BOP medical consultant.
(a) In circumstances where plastic surgery is a component of the
presently medically necessary standard of treatment, the Clinical
Director shall forward the surgery request to the Office of Medical
Designations and Transportation for approval.
(b) If the Clinical Director recommends plastic surgery for the
good order and security of the institution, the request for plastic
surgery authorization will be forwarded to the Warden for initial
approval. The Warden will forward the request through the Regional
Director to the Medical Director. The Medical Director shall have the
final authority to approve or deny this type of plastic surgery
request.
(c) If the Clinical Director is unable to determine whether the
plastic surgery qualifies as a component of presently medically-
necessary standard of treatment, the Clinical Director may forward the
request to the Medical Director for a final determination in accordance
with the provisions of paragraph (b) of this section.
Sec. 549.52 Informed consent.
Approved plastic surgery procedures may not be performed without
the informed consent of the inmate involved.
[FR Doc. 95-25913 Filed 10-19-95; 8:45 am]
BILLING CODE 4410-05-P
Complete official Federal Register PDF
FR Doc. 95-25912 Inmate Organizations
[Federal Register Volume 60, Number 203 (Friday, October 20, 1995)]
[Proposed Rules]
[Pages 54288-54290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25912]
=======================================================================
-----------------------------------------------------------------------
[[Page 54289]]
DEPARTMENT OF JUSTICE
28 CFR Part 551
[BOP-1045-P]
RIN 1120-AA42
Inmate Organizations
AGENCY: Bureau of Prisons, Justice.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Prisons is proposing to revise its regulations
on Inmate Organizations to prohibit fund-raising activities by inmates
and to phase out provisions governing inmate accountability for funds.
This amendment is intended to provide for the continued efficient and
orderly operation of the institution and the Bureau.
DATES: Comments due by December 19, 1995.
ADDRESSES: Office of General Counsel, Bureau of Prisons, HOLC Room 754,
320 First Street NW., Washington, DC 20534.
FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General
Counsel, Bureau of Prisons, phone (202) 514-6655.
SUPPLEMENTARY INFORMATION: The Bureau of Prisons is proposing to amend
its regulations on Inmate Organizations (28 CFR part 551, subpart D). A
final rule on this subject was published in the Federal Register on
June 29, 1979 (44 FR 38236) and was amended June 1, 1983 (48 FR 24625).
Current regulations on inmate organizations allow for the operation
of fund-raising activities and consequently include provisions for
accountability for funds. These activities potentially pose legal and
financial problems; for example, nonpayment by the inmate organization.
The Bureau, therefore, is proposing to prohibit fund-raising activities
by inmates and to phase out provisions governing inmate accountability
for funds.
The Bureau recognizes and supports the traditional purposes of
approved inmate organizations allowing for social and recreational
activities. While direct funding by inmate organizations would be
eliminated, the proposed regulations allow for the funding of approved
activities by the Bureau from designated funds (for example, the Trust
Fund).
The proposed regulations have been generally revised for the sake
of organization and clarity. The regulations contain specific
procedures for the approval/disapproval of an organization or requested
activities. The provisions for dues have been amended to ensure that
monies do not accrue to an individual inmate organization. Finally, the
proposed regulations require, in accordance with Bureau policy and
generally accepted accounting principles, the close-out of the
operation of any funds previously accumulated by an inmate
organization. Under Bureau policy, such funds could be used to finance
an approved activity for the organization. Any remaining funds, or
organization property assets which have not been converted to cash,
would be disposed of through donation to an approved charity, the
institution, or the Trust Fund.
The Bureau of Prisons has determined that this rule is not a
significant regulatory action for the purpose of E.O. 12866, and
accordingly was not reviewed by the Office of Management and Budget.
After review of the law and regulations, the Director, Bureau of
Prisons has certified that this rule, for the purpose of the Regulatory
Flexibility Act (Pub. L. 96-354), does not have a significant impact on
a substantial number of small entities.
Interested persons may participate in this proposed rulemaking by
submitting data, views, or arguments in writing to the Bureau of
Prisons, 320 First Street NW., HOLC Room 754, Washington, DC 20534.
Comments received during the comment period will be considered before
final action is taken. All comments received remain on file for public
inspection at the above address. The proposed rule may be changed in
light of the comments received. No oral hearings are contemplated.
List of Subjects in 28 CFR Part 551
Prisoners.
Wallace H. Cheney,
Acting Director, Bureau of Prisons.
Accordingly, pursuant to the rulemaking authority vested in the
Attorney General in 5 U.S.C. 552(a) and delegated to the Director,
Bureau of Prisons in 28 CFR 0.96(p), it is proposed to amend part 551
in subchapter C of 28 CFR, chapter V as set forth below.
SUBCHAPTER C--INSTITUTIONAL MANAGEMENT
PART 551--MISCELLANEOUS
1. The authority citation for 28 CFR part 551 continues to read as
follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 1512, 3621, 3622, 3624, 4001,
4005, 4042, 4081, 4082 (Repealed in part as to offenses committed on
or after November 1, 1987), 4161-4166 (Repealed as to offenses
committed on or after November 1, 1987), 5006-5024 (Repealed October
12, 1984 as to offenses committed after that date), 5039; 28 U.S.C.
509, 510; Pub. L. 99-500 (sec. 209); 28 CFR 0.95-0.99; Attorney
General's August 6, 1991 Guidelines for Victim and Witness
Assistance.
2. Subpart D, consisting of Secs. 551.30 through 551.36, is revised
as follows.
Subpart D--Inmate Organizations
Sec.
551.30 Purpose and scope.
551.31 Approval of an organization.
551.32 Staff supervision.
551.33 Dues.
551.34 Organization activities.
551.35 Funding.
551.36 Accountability for accumulated funds.
Subpart D--Inmate Organizations
Sec. 551.30 Purpose and scope.
The Bureau of Prisons permits inmates and persons in the community
to participate in approved inmate organizations for recreational,
social, civic, and benevolent purposes.
Sec. 551.31 Approval of an organization.
(a) An inmate must submit a request for recognition of a proposed
inmate organization to the Warden prior to the inmate organization's
becoming active.
(b) The Warden may approve an inmate organization upon determining
that:
(1) The organization has a constitution and bylaws duly approved by
its members which include its purpose and objectives, the duties and
responsibilities of the officer(s), and requirements for activities
reporting and for operational review; and
(2) The organization does not operate in opposition to the
security, good order, or discipline of the institution.
(c) The Warden may withdraw approval of an inmate organization for
reasons of the security, good order, and discipline of the institution,
or in accordance with Sec. 551.34(e).
Sec. 551.32 Staff supervision.
(a) The Warden shall appoint a staff member as the institution's
Inmate Organization Manager (IOM). The IOM shall be responsible for
monitoring the activities of the institution's inmate organizations and
staff sponsors.
(b) The Warden or designee shall assign a staff sponsor responsible
for supervising the activities of an individual inmate organization.
The staff sponsor's duties are performed while in official duty status.
Sec. 551.33 Dues.
Dues may be collected if they are required by a National Chapter,
are collected by that same National Chapter, and the rate and method of
collection have been approved by the Warden. No
[[Page 54290]]
portion of the dues may be kept by the inmate organization for use at
the institution. The organization may not make payment of dues a
requirement of membership for an inmate who lacks funds.
Sec. 551.34 Organization activities.
(a) An officer of the inmate organization must submit a written
request for approval of an activity to the Warden or designee.
Activities include, but are not limited to, meetings, guest speakers,
sports competitions, banquets, community programs, or purchase of items
intended for use by inmates in the institution which are in addition to
those ordinarily furnished by the government. Activities may not
include fund-raising projects. The request must include:
(1) Name of the organization;
(2) Nature or purpose of the activity;
(3) Date, time, and estimated duration of the activity (if
appropriate);
(4) Estimated cost (if appropriate);
(5) Information concerning guest participation;
(6) Other pertinent information requested by the Warden.
(b) The Warden may approve the request if the activity:
(1) Does not conflict with scheduled inmate work or program
activities;
(2) Has confirmation of staff supervision;
(3) Can be appropriately funded when applicable (see Sec. 551.35);
(4) Does not conflict with the security, good order, or discipline
of the institution.
(c) When an activity requires the expenditure of government funds,
the Warden ordinarily shall require reimbursement from non-inmate
participants (guests or members).
(d) Each inmate organization shall be responsible for maintaining
accurate records of its activities.
(e) The activities of an inmate organization may be suspended
temporarily due to noncompliance with Bureau policy. The IOM is
responsible for recommending the specific suspension sanction for the
Warden's approval. The inmate organization is to receive written notice
of the proposed suspension sanction and shall have the opportunity to
respond to the Warden. Continued non-compliance with Bureau policy
shall result in an increase in the severity of the suspension sanction,
and may include withdrawal of approval for the organization.
Sec. 551.35 Funding.
The Bureau of Prisons may fund approved activities of inmate
organizations subject to the availability of designated funds.
Sec. 551.36 Accountability for accumulated funds.
Effective January 1, 1996 through March 31, 1996, all inmate
organizations must close-out, in accordance with Bureau policy and
generally accepted accounting principles, the operation of any funds
previously accumulated by them.
[FR Doc. 95-25912 Filed 10-19-95; 8:45 am]
BILLING CODE 4410-05-P
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