FTC Federal Register notice, Sept. 21, 1978, 43 FR 42850
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FEDERAL REGISTER, VOL 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
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42851 sunshine act m eetings This section of the FEDERAL REGISTER contains notices of meetings published under the "Government in the Sunshine Act" (Pub. L 94-409), 5 U.S.C. 552b(e)(3).
CONTENTS Items Civil Aeronautics Board............. 1, 2, 3 Equal Employment Opportunity Commission....... 4, 5, 6 Federal Energy Regulatory Commission................. ........... Federal Maritime Commission... Federal Trade Commission....... Legal Services Corporation....... National Labor Relations Board National Transportation Safety Board....................
Securities and Exchange Commission............................. [6320-01] [M-164, Arndt. 1; Sept. 15,1978] CIVIL AERONAUTICS BOARD. Notice of addition of items to the September 20, 1978, meeting agenda. TIME AND DATE: 10 a.m., September 20,1978.
PLACE: Room 1027, 1825 Connecticut Avenue NW., Washington, D.C. 20428. SUBJECT: 9a. Docket 29789, Houston/New Orleans-Yucatan Route Pro ceeding-Opinion and Order (OGC). 9b.
Docket 26487, Transatlantic- Transpacific and Latin American Serv ice Mail Rate Investigation (OGC). STATUS: Open.
PERSON TO CONTACT:
Phyllis T. Kaylor, the Secretary, 202-673-5068.
SUPPLEMENTARY INFO RM ATIO N: Item 9a is being added to the Septem ber 20, 1978, calendar because the public target date for release of the Board’s opinion in this case is Septem ber 25 and there appears to be no other meeting before that date. The original meeting for September 20, 1978, was issued before it was realized that Docket 26487, Item 9b needs to be discussed at the September 20, 1978, meeting. Accordingly, the following members have voted that agency busi ness requires the addition of these items to the agenda and that no earli er announcement of the additions was possible.
Chairman, Alfred E. Kahn Member, Richard J. O ’Melia (disapproves) Member, Elizabeth E. Bailey A ll amendments to previously an nounced agendas are publicly posted at the Board’s offices, sent to the F ed eral R egister for publication, and mailed to parties to docketed cases af fected by the change. W e regret any inconvenience that may be caused by these changes or the delayed receipt of our notices.
[S-1913-78 Filed 9-19-78; 9:19 am] [6320-01] [M-164, Arndt. 2, Sept. 15,1978] C IV IL AERONAUTICS BOARD. Notice of addition of item to the September 20, 1978, agenda. TIM E AND DATE: 10 a.m„ September 20,1978.
PLACE: Room 1027, 1825 Connecticut Avenue NW., Washington, D.C. 20428. SUBJECT: 8a. Docket 32049, Applica tion of Hughes Air Corp., d.b.a.
Hughes Airwest to amend its permit for route 76F to add two new U.S. and five new Mexican coterminal points (BIA, OGC).
STATUS: Open.
PERSON TO CONTACT:
Phyllis T. Kaylor, The Secretary, 202-673-5068.
SUPPLEM ENTARY INFO RM ATIO N: Hughes Airwest, Inc., informed the Board on September 14 that it wishes to commence service on the routes ap plied for in Docket 32049 on October 29, 1978. The carrier has advertised the service and has fully booked flights beginning on that date. W e are acting on the attached show cause order on short notice to allow maxi mum time /or approval of a final order by the President before the carrier’s proposed inauguration of service on October 29. Accordingly, the following Members have voted that agency busi ness requires the addition of item 8a on September 13, 1978, and that no earlier announcement of this addition was possible:
Chairman, Alfred E. Kahn Member, Richard J. O’Melia (disapproves) Member, Elizabeth E. Bailey A ll amendments to previously an nounced agendas are publicly posted at the Board’s offices, sent to the F ed eral R egister for publication, and mailed to parties to docketed cases af fected by the change. W e regret any inconvenience that may be caused by these changes or the delayed receipt of our notices.
[S-1914-78 Filed 9-19-78; 9:19 am] [6320-01] [M-164, Arndt. 3; Sept. 15, 1978] C IV IL AERONAUTICS BOARD. Notice of addition of item to the September 20,1978, agenda. TIM E AND DATE: 10 a.m„ September 20,1978.
PLACE: Room 1027, 1825 Connecticut Avenue NW., Washington, D.C. 20428. SUBJECT: 9c. Docket 3L738, Interna tional A ir Cargo Corporation, Egypt; Order on Discretionary Review (OGC).
STATUS: Open.
PERSON TO CONTACT:
Phyllis T. Kaylor, the Secretary, 202-673-5068.
SUPPLEM ENTARY INFO RM ATIO N: The staff has requested that item 9c be added to the agenda for September 20. The announced target date for adopting a decision is September 22, and the meeting of the 20th will be the last meeting before that date. Ac cordingly, the following Members have voted that agency business requires the addition of item 9c and that no earlier announcement of this addition was possible:
Chairman, Alfred E. Kahn Member, Richard J. O’Melia Member, Elizabeth E. Bailey A ll amendments to previously an nounced agendas are publicly posted at the Board’s offices, sent to the F ed eral R egister for publication, and mailed to parties to docketed cases af fected by the change. W e regret any inconvenience that may be caused by these changes or the delayed receipt of our notices.
[S-1915-78 Filed 9-19-78; 9:19 am] [6570-06] EQUAL EM PLO YM ENT O PPO RTU N IT Y COMMISSION.
FEDERAL REGISTER, VOL 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
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42852 “ FEDERAL R E G ISTER" C ITA TIO N OF PREVIOUS ANNOUNCEMENT: S-1878-78.
PREVIO U SLY ANNOUNCED TIM E AND DATE OF MEETING: 9:30 a.m. (eastern time), Tuesday, September 19,1978.
CHANGE IN THE MEETING: The following items are added to the por tion open to the public: 1. Additional allocation of fiscal year 1978 funds to State and local agencies. 2. Modification of a State agency contract for development of proposed procedures for accreditation of 706 agencies by EEOC. A majority of the entire membership of the Commission determined by re corded vote that the business of the Commission required this change and that no earlier announcement was pos sible.
In favor of change.—Eleanor Holmes Norton, Chair; Daniel E. Leach, Vice - Chair, and Ethel Bent Walsh, Commis sioner.
Opposed.—None.
CO NTACT PERSON FOR MORE IN FO RM ATION:
Marie D. Wilson, Executive Officer, Executive Secretariat, at 202-636- 6748.
This notice issued September 18, 1978.
tS-1911-78 Filed 9-19-78; 9:19 am] [6570-06] EQUAL EM PLO YM ENT O PPO RTU N IT Y COMMISSION.
“ FEDERAL REG ISTER” C ITA TIO N O F PREVIOUS ANNOUNCEMENT: S-1878-78.
PREVIO U SLY ANNOUNCED TIM E AND DATE OF MEETING: 9:30 a.m. (eastern time), Tuesday, September 19,1978.
CHANGE IN THE M EETING: The following item is added to the portion open to the public:
Private Bar Program;
Recommended Training Workshops.
A majority of the entire membership of the Commission determined by re corded vote that the business of the Commission required this change and that no earlier announcement was pos sible.
In favor of change.—Eleanor Holmes Norton, Chair; Daniel E. Leach, Vice Chair; and Ethel Bent Walsh, Commis sioner.
Opposed.—None.
CO NTACT PERSON FO R MORE IN FO RM ATION:
Marie D. Wilson, Executive Officer, SUNSHINE ACT MEETINGS Executive Secretariat, at 202-634- 6748.
This notice issued September 18, 1978.
[S-1912-78 Filed 9-19-78; 9:19 am] [6570-06] EQUAL EM PLO YM ENT O PPO RTU N IT Y COMMISSION.
“ FEDERAL REG ISTER” C ITA TIO N OF PREVIOUS ANNOUNCEMENT: S-187-78.
PREVIO U SLY ANNOUNCED TIME. AND DATE OF MEETING: 9:30 a.m. (eastern time), Tuesday, September 19,1978.
CHANGE IN TH E MEETING: The following item is added to the portion open to the public:
Proposed fiscal year 1979 Private Bar Pro gram.
A majority of the entire membership of the Commission determined by re corded vote that the business of the Commission required this change and that no earlier announcement was pos sible.
In favor of change.—Eleanor Holmes Norton, Chair; Daniel E. Leach, Vice Chair; and Ethel Bent Walsh, Commis sioner.
Opposed.—None.
CONTACT PERSON FO R M ORE IN FORM ATIO N:
Marie D. Wilson, Executive Officer, Executive Secretariat, at 202-634- 6748.
This notice issued September 19, 1978.
tS-1918-78 Filed 9-19-78; 2:03 pm] [6740-02] FEDERAL EN ERG Y R E G U LA TO R Y COMMISSION.
“ FEDERAL REG ISTER” C ITA TIO N OF PREVIOUS ANNOUNCEMENT: 43 FR 41334, published September 15, 1978.
PREVIO U SLY ANNOUNCED TIM E AND DATE OF M EETING: 10 a.m., September 20,1978.
CHANGE IN THE MEETING: The following item has been added: Item No., Docket No., and Company ER-9. ER78-337 and ER78-338, Public Serv ice Co. of New Mexico.
K e n n e t h F . P l u m b , Secretary.
[S-1917-78 Filed 9-19-78; 11:17 am] [6730-01] FEDERAL M A R ITIM E COMMIS SION.
TIM E AND DATE: 10 a.m., September 27,1978.
PLACE: Room 12126, 1100 L Street NW., Washington, D.C. 20573. STATUS: Open.
M ATTERS TO BE CONSIDERED: 1. Report on notation items disposed of during August 1978.
2. Report of the Secretary on times short ened for submitting comments on section 15 agreements pursuant to delegated authority during August 1978.
3. Report of the Secretary on Applications for Admission to Practice approved during August 1978 pursuant to delegated authori ty.
4. Assignment of informal dockets by the Secretary during August 1978 pursuant to delegated authority.
5. Trailer Marine Transport Corporation- Extension of Interstate Commerce Commis sion Tariff to U.S. Virgin Islands (Freight Tariff No. 6, ICC No. 2). 6. Sea-Land Service, Inc., South Atlantic/ Puerto Rico Trade—Proposed tariff rules providing for rate discount if marine insur ance is not requested.
7. Docket No. 73-22, 73-22 (Sub. No. 1) and 74-36 (Sub. No. 1); Matson Navigation Co.— Changes in rates in the U.S. Pacific Coast- Hawaii Trade; Petition for reconsideration of decision partially adopting initial deci sion.
8. Docket No. 76-46—Agreement Nos. T- 3191 et al.—Petition for reconsideration of amended order of investigation. 9. Docket No. 76-60—Intermodal Dual Rate Agreements—Petition for reconsider ation of Seatrain International. 10. Docket No. 78-9—Financial Responsi bility for Water Pollution—Petition for re consideration of final rules. CO NTACT PERSON FO R MORE IN FO RM ATIO N:
Joseph C. Polking, Assistant Secre tary, 202-523-5725.
[S-1921-78 Filed 9-19-78; 3:33 pm] [6750-01] FEDERAL TRAD E COMMISSION. TIM E AND DATE: 9:30 a.m., Septembter 27,1978.
PLACE: Room 432, Federal Trade Commission Building, 6th Street and Pennsylvania Avenue NW., Washing ton, D.C. 20580.
STATUS: Open.
M ATTERS TO BE CONSIDERED: 1. Consideration of proposed revision of Discovery Rules.
2. Review and proposed revision of Com mission Rules 2.34 and 3.25(f) concerning placement on the public record of material relating to consent agreements. FEDERAL REGISTER, VOL 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
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3. Consideration of Seattle regional office request for proposed TRR regarding disclo sure of toxicity and identity of commercial ly sold plants, Pile No. 752 3109. 4. Consideration of proposed modification to interpretation 600.8 of the Fair Credit Reporting Act.
CONTACT PERSON FOR MORE IN FORMATION:
Wilbur T. Weaver, Office of Public Information, 202-523-3830. Recorded message: 202-523-3806.
[S-1922-78 Piled 9-19-78; 3:33 pm] [6820-35] LEGAL SERVICES CO RPO RATIO N (COMMITTEE ON PERSONNEL AND FACILITIES).
TIME AND DATE: 9:30 a.m., Monday, September 25,1978.
PLACE:
Seventh floor conference room, Legal Services Corporation, 733 15th Street NW., Washington, D.C. STATUS: Open meeting.
MATTERS TO BE CONSIDEREDr 1. Adoption of agenda.
2. Approval of minutes of previous meet ing on April 5, 1978.
3. Review of proposed Corporation person nel procedures.
4. Consultation on:
a. Cost-of-living increases for staff. b. Compensation of Corporation offi cers.
c. Approval of receipt of Corporation officers of compensation from sources other than the Corporation. 5. Other business.
CONTACT PERSON FOR MORE IN FORMATION:
Dellanor Young, Office of the Presi dent, telephone 202-376-5100. Issued: September 18,1.978. T homas E hrlich, President [S-1916-78 Filed 9-19-78; 9:19 am] [7545-01] NATIONAL LABOR RELATIONS BOARD.
TIME AND DATE: 3 p.m., Friday, Oc tober 6, 1978.
PLACE:
Board Conference Room, Sixth Floor, Pennsylvania Avenue NW., Washington* D.C. 20570. STATUS: Closed to public observa tion.
SUNSHINE ACT MEETINGS M ATTE R TO BE CONSIDERED:
Consideration of applicant qualified for appointment to Administrative Law Judge.
CONTACT PERSON FO R MORE IN FORM ATION:
William A. Lubbers, Executive Secre tary, Washington, D.C. 20570, tele phone 202-254-9430.
Dated: Washington, D.C., September 19,1978.
By direction of the Board. G eorge A. L eet, Associate Executive Secretary, National Labor Relations Board.
tS-1923-78 Piled 9-19-78; 3:45 pm] [4910-58] N A TIO N A L TR A N SPO R TA TIO N SAFETY BOARD.
TIM E AND DATE: 9 a.m., Thursday, September 28,1978 [NM-78-35]. PLACE: NTSB Board Room, National Transportation Safety Board, 800 In dependence Avenue SW., Washington, D.C. 20594.
STATUS: The first three items on the agenda will be open to the public; the last item will be closed under exemp tion 10 of the Government in the Sun shine Act.
M ATTERS TO BE CONSIDERED: 1. Railroad Accident Report—Derailment of Atlanta & Saint Andrews Bay Railway Co., freight train, Youngstown, Fla., Febru ary 26, 1978.
2. Special Study—Safe Service Life for Liquid Petroleum Pipelines. 3. Discussion—Lack of national standard for minimum skid number value. 4. Opinion and Order—Administrator v. Ribler, Dkt. SE-3593; disposition of the Ad ministrator’s appeal.
CONTACT PERSON FO R MORE IN FORM ATION:
Sharon Flemming, 202-472-6022. [S-1920-78 Filed 9-19-78; 2:03 pm] [8010-01] SECURITIES AND EXCHANGE COMMISSION.
Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Pub. L. 94-409, that 42853-42911 the Securities and Exchange Commis sion will hold the following meetings during the week of September 25, 1978, in Room 825, 500 North Capitol Street, Washington, D.C. An open meeting will be held on Thursday, September 28, 1978, at 10 a.m. Closed meetings will be held on Tuesday, Séptember 26, 1978, at 10 a.m., and on Thursday, September 28, 1978, immediately following the open meeting.
The Commissioners, their legal assis tants, the Secretary of the Commis sion, and recording secretaries will attend the closed meetings. Certain staff members who are responsible for the calendared matters may be pres ent.
The General Counsel of the Com mission, or his designee, has certified that, in his opinion, the items to be considered at the closed meetings may be considered pursuant to one or more of the exemptions set forth in 5 U.S.C. 552b(c) (4), (8), (9)(A), and (10) and 17 CFR 200.402(a)(8), (9)(i), and (10). Commissioners Loomis, Evans, Pol lack, and Karmel determined to hold the aforesaid meetings in closed ses sion.
The subject matter of the closed meeting scheduled for Tuesday, Sep tember 26,1978, at 10 a.m., will be: Access to investigative files by Federal, State or self-regulatory authorities. Dismissal of administrative proceeding of an enforcement nature.
Formal orders of investigation. Freedom of Information Act appeals. Institution of injunctive actions. Other litigation matters. The subject matter of the open meeting scheduled for Thursday, Sep tember 28, 1978, at 10 a.m., will be: Consideration of a release announcing the adoption of Form SECO-4-78 which estab lishes the annual fees and assessment sched ule for SECO broker-dealers for fiscal year 197£ For further information, please con tact Daniel L. Bateman at 202-755-1300. The subject matter of the closed meeting immediately following the open meeting scheduled for Thursday, September 28, 1978, will be: Institution of injunctive action. Other litigation matter. FO R FU RTH ER INFO RM ATIO N, PLEASE CONTACT:
Beverly Rubman at 202-755-1103. September 18,1978.
[S-1919-78 Filed 9-19-78; 2:03 pm] FEDERAL 'REGISTER, VOL 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
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THURSDAY, SEPTEMBER 21, 1978 PART II DEPARTMENT OF TRANSPORTATION Office of the Secretary SEMIANNUAL REGULATIONS AGENDA . AND REVIEW LIST
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42914 NOTICES [4910-62] DEPARTMENT OF TRANSPORTATION Office of the Secretory [OST Docket No. 58; Notice 78-10] DEPARTMENT REGULATIONS AGENDA AND REVIEW LIST Semi-Annual Summary AGENCY; Department of Transporta tion.
ACTION:
Department Regulations Agenda and Review List. SUM M ARY; The Regulations Agenda is a semi-annual summary of each pro posed and each final regulation that the Department of Transportation ex pects to publish in the F ederal R egis ter during the succeeding 12 months or such longer projected period as may be anticipated.
The Regulations Review List is a semiannual summary of the existing regulations that the Department of Transportation has se lected for review and possible revoca tion or revision. The Agenda and the Review List provide the public with in formation about the Department of Transportation’s regulatory activity. It is expected that this information will enable the public to be more aware of, and allow it to more effectively partici pate in, the Department’s regulatory activity.
ADDRESS: The mailing address for the initiating offices of the Depart ment which appear in the Agenda and the Review List are 400 Seventh Street SW., Washington, D.C. 20590, except for the Federal Aviation Administra tion and the St. Lawrence Seaway De velopment Corporation, which are lo cated at 800 Independence Avenue SW., Washington, D.C. 20591. FOR FU RTH ER IN FO R M ATIO N CONTACT: For further information on the Agenda or thé Review List, in general, contact:
Neil Eisner, Assistant General Coun sel, Office of Regulation and En forcement, Department of Transpor tation, 400 Seventh Street SW., Washington, D.C. 20590, 202-426- 4723.
For information about any particu lar item on the Agenda or the Review List, contact the individual listed in the column headed “ Contact” for that item. Unless otherwise indicated, the telephone area code for each of these individuals is 202.
SUPPLEM ENTARY INFO RM ATIO N: B ackground Improvement of Government regula tions has been a prime goal of the Carter administration. There should be no more regulations than neces sary, and those that are issued should be simpler, more comprehensible, and less burdensome. Regulations should not be issued without appropriate in volvement of the public; once issued, they should be periodically reviewed and revised, as needed, to assure that they continue to meet the needs for which they originally were designed. To help the Department of Trans portation (“ Department” ) achieve these goals, on January 31, 1978, the Secretary of Transportation issued a statement of policies and procedures for simplification, analysis, and review of regulations (43 FR 9582, March 8, 1978). These policies and procedures took effect on March 1, 1978. They in clude a requirement that the Depart ment prepare a semiannual Depart ment Regulations Agenda for publica tion in the F ederal R egister. The Agenda summarizes each proposed and each final regulation that the De partment expects to publish in the F ederal R egister during the succeed ing 12 months or such longer project ed period as may be anticipated. They also include a requirement that the Department prepare a semiannual list of existing regulations it has selected for review and possible revocation or revision for publication in the F ederal R egister.
The Department’s first Agenda and Review List were published in the F ed eral R egister on June 1, 1978 (43 FR 23884 and 23918). In accordance with the Department’s current regulatory policies and procedures, the Depart ment’s subsequent Agendas and Review Lists are to be based on re ports submitted by the initiating of fices by the last working days of June and December of each year. After these reports are consolidated for review by the Department Regulations Council, the Department’s Regula tions Agenda and Review List are pre pared and published in the F ederal R egister. This document is being pub lished under that schedule. The Agenda has been expanded from its first publication; it now in cludes the additional information that, although not currently required, will eventually be required in accord ance wiith Executive Order 12044, “ Improving Government Regulations” (43 FR 12661, March 24, 1978), and with the Department’s proposed regu latory policies and procedures (43 FR 23925, June 1,1978).
D efinitions The Agenda and the Review List cover all rules and regulations of the Department, including those which es tablish conditions for financial assist ance. The following definitions are provided for ease in understanding the information in this document. (1) Initiating office means an oper ating administration or other organi zational element within the Depart ment, the head of which is authorized by law or delegation to issue regula tions or to formulate regulations for issuance by the Secretary. (2) Significant regulation1 means a regulation that is not an emergency regulation and that in the judgment of the head of the initiating office or the Secretary or the Deputy Secre tary— (a) Requires a regulatory analysis or is otherwise costly;
(b) Concerns a matter on which there is substantial public interest or controversy;
(c) Has a significant impact on an other operating administration or other parts of the Department or other Federal agency; or (d) Otherwise involves import and Department policy.
(3) Emergency regulation means a regulation 'that, in the judgment of the head of the initiating office, cir cumstances require to be issued with out notice and opportunity for public comment or made effective in less than 30 days after publication in the F ederal R egister.
(4) Nonsignificant regulation means a regulation that, in the judgment of the head of the initiating office, is nei ther a significant nor an emergeftcy regulation.
A regulatory analysis is required for each proposed regulation that— (1) Could produce a major effect on the general economy in terms of cost, consumer prices, or production; (2) Could produce a major increase in costs or prices for individual indus tries, levels of government, geographic regions, or specific elements of the population; or (3) The Secretary or head of the ini tiating office determines deserves such an analysis.
E xplanation of Information in the R egulations A genda The Regulations Agenda is divided by initiating offices. For each initiat ing office there is a subdivision for: (1) Significant regulations, (2) non-signifi cant regulations, and (3) routine and frequent non-significant regulations. For each proposed and final regula tion expected to be published, the Agenda provides the following infor mation: (1) A short descriptive title; (2) a summary; (3) the earliest expect- ‘To conform with the Executive order, the Department’s procedures have been amended to change the term “major regula tion” to “significant regulation” and that change is reflected in this Agenda. FEDERAL REGISTER, VOL. 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
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NOTICES 42915 ed publication date (if a decision is made to issue the proposal or the reg ulation); and (4) a contact office or of ficial who can provide additional infor mation. I f final action has been taken on an item included on the previous semi-annual Agenda, that item is still contained in this Agenda and the final action is indicated under the “sum mary” column for that item. For a significant regulation, the summary includes: (1 )A description of the proposed or final regulation; (2) a brief statement as to why it is consid ered significant; (3) a statement as to whether a regulatory analysis will be required; (4) a brief statement of why the regulation is needed; (5) the legal basis for the action being taken; (6) the past and anticipated chronology of the development of the regulation, in cluding any final action taken since the last semiannual Agenda and (7) the related regulatory citation in the Code of Federal Regulations. It should be noted that, even though a regula tory analysis is not required for some items on the Agenda, either because the criteria are not met or because the regulatory project is covered by earlier regulatory requirements, the Depart ment requires an economic evaluation for all of its regulations. For nonsignificant regulations issued routinely and frequently as part of an established body of technical require ments (such as the Federal Aviation Administration’s airspace rules) to keep those requirements operationally current, only the general category of the regulations, the identity of a con tact office or official, and an indica tion of the expected number of regula tions are included; individual regula tions are not listed.
If a regulatory docket number has already been established, it is con tained in parentheses immediately fol lowing the short descriptive title of the regulation. If a member of the public desires further information re garding a particualr proposal or regu lation, reference should be made to this docket number.
The Federal.
Highway Administration also provides an FHPM number at this point for easier reference by those who use the Federal-aid Highway Program Manual (FHPM). The numbers following the FHPM represent, respectively, the volume, chapter, section and subsec tion at which the material is located in the FHPM.
In the “Date” column, abbreviations are used to indicate the particular doc uments being considered for issuance by that date. AN PR M stands for ad vance notice of proposed rulemaking, NPRM for notice of proposed rulemaking, and F R for final rule. Listing a date in this column is not an indica tion that a proposal or a final rule will be issued on that date; it is the date on which a final decision is expected to be made on whether to issue the docu ment listed. If any document is issued, publication in the Federal Register would follow within a few days. These dates are based on current schedules. Subsequently, received information could result hi a decision not to take regulatory action or in changes to pro posed publication dates. For example, the need for further evaluation could result in a later publication date; evi dence of a greater need for the regula tion could result in an earlier publica tion date;
It should be noted that some of the items on the Agenda result from pro grams which were established to review existing regulations and revoke or revise those regulations which the initiating office determines are not achieving their intended purpose. For example, the anticipated rulemaking actions listed by the Federal Highway Administration (FH W A ) are primarily in response to the implementation of FHW A's Regulations Reduction Review recommendations adopted in late 1977. As a result of those recom mendations, FH W A is currently in the process of systematically reviewing and, where appropriate, revising all of its existing regulatory material to assure consistency with its policy on the minimization of red tape, issued on October 20, 1977. This policy was published in the Federal Register (43 F R 10578, FH W A docket No. 76-21, notice 4) on March 14, 1978. As indi cated on the Agenda, many of the Fed eral Aviation Administration’s pro posed regulatory actions also result from one of its many regulatory re views. Projects under regulatory devel opment that resulted from a review of existing regulations to determine whether they should be revoked or re vised are preceded by the word “ review” in the “ Title” column. Be cause some reviews can be large-scale undertakings, and because there are already a number of these in the regu latory development process, the De partment thought it would provide the public with valuable information if it indicated not only which regulatory reviews are under consideration but also which reviews have now reached the stage where proposed revisions are being, or have been, prepared. The number o f regulatory projects that an initiating office can handle is limited by available resources. Therefore, the number of reviews in the regulatory development stage limits the number that can be added to the consideration stage.
Explanation of the Information in t h e Regulations Review List The Regulations Review List is di vided by initiating offices. For each office, it provides the following infor mation: ( 1 ) A short description of the existing regulations involved, includ ing the related citation to the Code of Federal Regulations; (2) a brief de scription of the reasons for each selec tion; (3) a contact office or offcial who can provide additional information; and (4) the target date for completing the review and determining the correc tive course of action to be taken. The action taken can be revocation or revi sion of thé regulation, or it can be a determination that no regulatory action is necessary because the regula tion is found to be achieving its goals and the goals and objectives of Execu tive Order 12044 and the Department regulatory policies and procedures. If final action has been taken on the pre vious semiannual Review List, that item is still contained in this Review List and the final action is indicated under the “ Reasons for Selection” column for that item.
Purpose The Department is publishing this Regulations Agenda and Review List in the Federal Register to share with interested rhembers of the public the Department’s preliminary expecta tions regarding its future regulatory actions. This should enable the public to be more aware of the Department’s regulatory activity. Knowledge of the nature and scope of this activity, as well as the specific proposals and re views being considered, should result in more effective public participation in the Department’s regulatory activi ty. For example, awareness of the dates when notices may be issued seek ing public comment should allow ap propriate planning and more efficient use of the comment period. By provid ing the expected date for a decision on whether to issue a final rule, the De partment expects that more appropri ate planning by those concerned with the regulation will also be possible. This publication in the Federal Reg ister does not impose any binding ob ligation on the Department, or any of the offices within the Department, with regard to any specific item on the Agenda or the Review List. Regulatory action in addition to the items listed is not precluded.
If further information is desired on any of the items listed in the Agenda or the Review List, the public is en couraged to contact the individual listed for the particular item. Addi tional information concerning the Agenda or the Review List, in general, or the Department’s regulatory poli cies and procedures may be obtained from Neil Eisner, whose address and telephone number appear above. Issued in Washington, D.C. on Sep tember 7,1978.
Brock Adams, Secretary o f Transportation. PCDiRAt REGISTER, V O L 43, NO . 184— THURSDAY, SEPTEMBER 21, 1978
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42916 NOTICES D epartment of Transportation, Semiannual R egulations A genda Office of the Secretary significant regulations Title Summary Contact Nondiscrimination on the Basis of A. Description: Proposed regulation woud implement sec. 504 of Handicap in DOT-Funded Pro- Rehabilitation Act of 1973 (29 U.S.C. 794), prohibiting discrimigrams and Activities. Notice of pronation against handicapped persons in federally funded pro posed rulemaking, docket No. 56.
grams. The regulation establishes requirements for recipients of DOT financial assistance to meet the mandate of sec. 504. B. Why sign ifican t The proposed regulation would have a major impact on DOT programs, particularly those administered by FAA, FRA, UMTA, and FHWA. All recipients of DOT aid must take positive actions to make their federally funded programs accessible to the handicapped.
C. Regulatory analysis: Will be required. D. Need: These regulations implement regulations issued by the Department of Health, Education, and Welfare (HEW) and 29 U.S.C. 794. They are needed to ensure that recipients of finan cial assistance from DOT make the programs operated in exist ing facilities accesible to handicapped persons, and to ensure that new facilities are constructed so as to be readily accessible to handicapped persons.
E. Legal basis: 29 U.S.C. 794.
F. Chronology: HEW issued regulations on Jan. 13, 1978, requir ing Federal agencies to integrate the requirements of sec. 504 into their respective programs and activities (43 FR 2132). An NPRM was published on June 8, 1978 (43 FR 25016). By sup plemental notice the comment period has been extended to Oct. 20,1978 (3 FR 30585). Public hearings have been scheduled for New York City, Sept. 7; Chicago, Sept. 11; Denver, Sept. 13; San Francisco, Sept. 15; and Washington, D.C., Sept. 19 (43 Fit ■ 34171). The Regulatory Analysis Review Group has selected this regulation to review for its economic impact. G. Citation: 49 CFFR pt. 27.
Title VI Civil Rights Regulations........ A. Description: The proposed regulations would assemble in one package all DOT procedures and requirements concerning all recipients of financial assistance under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-d4). B. Why sign ifican t Substantial public interest is anticipated and it will effect all of the DOT elements and the administration of all grant programs.
C. Regulatory analysis: Will not be required. D. Need' The Department has an existing Title VI regulation dating from 1970, and a title VI order promulgated by Secre tary Coleman on Jan. 19, 1977 and reaffirmed by Secretary Adams in March of that year. A new regulatory package is being developed to replace the previous layering of regulations. E. Legal basis: 42 U.S.C. 2000d-d4.
F. Chronology: Proposal is currently under review. It will then be submitted to the Department of Justice for approval. G. Citation: 49 CFR pt. 21.
Minority Business Enterprise Pro- A. Description: This regulation would implement the requiregram.
ments of DOT order 4000.7A for DOT operating elements to take affirmative action to assure that minority business enter prises participate in departmental procurement and financial assistance programs.
B. Why sign ifican t Substantial public interest is anticipated given the proposed action’s potential impact on DOT’S procure ment and assistance programs.
C. Regulatory analysis: Will not be requried. D. Need: To implement the provisons of the DOT order 4000.7A by providing detailed instructions for carrying out the affirma tive action requirements of the order. E. Legal basis: Executive Order 11625; 49 UJS.C. 1730; 45 U.S.C. 803; 49 U.S.C. 1608(f).
s F. Chronology: Proposal is currently under review by the DOT elements.
G. Citation: No CFR citation as yet.
Financial Assistance to participants A. Description: If propsoed, these regulations would permit, but in Rulemaking Proceedings.
not require, each agency of the Department to fund eligible members of-the public for the reasonable and actual costs of preparing and presenting their views at selected agency rulemaking proceedings.
B. Why sign ifican t This issue concerns a matter on which there is substantial public interest and controversy and will have a significant impact on the operating administrations and the Office of the Secretary.
C. Regulatory analysis: Will not be required. D. Need: Such a rule would substantially increase the number of active, informed, and independent participants-at many rulemaking proceedings within the Department, thereby increasing the diversity and balance of views presented to the Depart ment, and enhancing the Department’s knowledge of the inter ests likely to be affected by its proposed rules. E. Legal authority: The Department’s rulemaking authority Under the Department of Transportation Act, 49 U.S.C. 1651 et seq. and related statutes.
Richard R. Clark, 202-426-4723 Robert J. Coates, 202-426-4754 Ellen Feingold, 202-426-4648 Richard Lorr, 202-426-4710 Richard Lorr, 202-426-4723 Decision date FR March 1979.
NPRM November 1978.
NPRM October 1978.
NPRM January 1979.
FEDERAL REGISTER. V O L 43, NO . 184— THURSDAY, SEPTEMBER 21, 1978
Page 147
NOTICES 42917 Office of the Secretary—Continued significant regulations—continued Title Summary Contact Decision date f . Chronology: On Jan. 13,1977, the Department published regu lations for a one-year demonstration program to provide financial assistance to certain participants in rulemaking proceedings of NHTSA. (42 FH 2863.) At the same time the Department issued an ANPRM, inviting public comments on the feasibility, wisdom, and scope of a permanent departmentwide program of financial assistance. Upon conclusion of the demonstration pro gram, NHTSA evaluated the program and recommended that the Department establish an amended version of the program throughout the Department. On Mar. 16, 1978, the demonstra tion program in NHTSA wqs extended until the Secretary de cided whether to issue final, permanent Department regula tions (43 FR 10918).
O. Citation: No CFR citation as yet.
Public Availability of Information....... A. Description: Revision of DOT’S Freedom of Information Act Rebecca H. Uma, NPRM October 1978.
regulations. Specific areas to be revised may include the fee 202-426-4642 schedule and the policy on waivers of fees for public interest groups and the press.
B. Why sign ifican t Substantial public interest. C. Regulatory analysis: Not required.
D. Need: Freedom of Information regulations need periodic revi sion to keep current with changes in case law, policy, and imple mentation costs.
E. Legal basis: 5 U.S.C. 552 (Freedom of Information Act). F. Chronology: Regulations last revised in 1975 (40 FR 7915). Re vision currently under internal development. NPRM expected October 1978.
O. Citation: 49 CFR pt. 7 Office of the Secretary nonsignificant regulations Consolidation of Transportation The regulation would comply with title V of Pub. L. 95-134 which Grants U.S. Territories.
permits departments and agencies to consolidate grant pro grams, reduce reporting requirements, and waive the local' matching funds requirement.
Standard Time Zone Boundaries....... The regulation would correct a mistaken reference to “North Dakota-Nebraska boundary” in “description of” the easterncentral time zone boundary (49 CFR 7.31(b)). Maintenance of Access to Records This regulation would revise the Department’s Privacy Act regu- Pertaining to Individuals.
lations (49 CFR pt, 10).
Official Seal................................... Revision of regulations governing description and» use of the De partment’s official seal (49 CFR pt. 3). Carolina Mederos 202-426-9605 Robert I. Ross, 202-426-4723 John Windsor, 202-426-1877 Robert I. Ross, 202-426-4723 NPRM August 1978.
FR September 1978.
NPRM August 1978.
FR October 1978 U.S. Coast G uard SIGNIFICANT REGULATIONS Review: Construction and Operating A. Description: Would establish one set of uniform, comprehen- Standards for Mobile Offshore sive regulations applicable to all mobile offshore drilling units. Drilling Units (Docket No. CGD 73- B. Why sign ifican t Considered significant due to increased public 251).
awareness and concern regarding offshore oil and gas develop ment, also substantial congressional interest. C. Regulatory analysis: Will not be required. D. Need: At present there are no comprehensive regulations ap plicable to the offshore industry. This industry has grown so rapidly in the last few years that it needs its own dedicated set of requirements.
E. Legal basis: Sec. 2, 87 Stat. 418 (46 UJS.C. 86); sec. 3, 82 Stat. 341, as amended (46 UJS.C. 367); R.S. 4405, as amended (46 U.S.C. 375); R.S. 4405, as amended (46 U.S.C. 4001); R.S. 4429; as amended (46 U.S.C/407); R.S. 4430, .as amended (46 U.S.C. 408); 88 Stat. 423 (46 U.S.C. 411); RB. 4434, as amended (46 U.S.C. 412); R.S. 4462, as amended (46 U.S.C. 416); sec. 1, 73 Stat. 475 (46 U.S.C. 481); sec. 4, 67 Stat. 462 (43 U.S.C. 1333(e)). F. Chronology: Project commenced 1973. Environmental and eco nomic analysis completed March 1977. NPRM published 42 Fit 22296. Public hearing held June 1977.
G. Citation: 33 CFR pt. 155, 46 CFR pts. 10, 12, 30, 31, 35, 70, 90, 98.105.151, and 157.
Review; Qualifications of the Person A. Description: Would redefine and establish qualifying criteria in Charge of Oil Transfer Operfor certifying individuals engaged in the carriage and transfer ations, Tankerman Requirements of the various categories of dangerous cargoes in bulk. (docket No. CGD 74-44, 74-44a).
B. Why sign ifican t Considered significant because this is a Presi dential initiative.
C. Regulatory analysis: Will not be required. D. Need: Most pollution incidents are the result of personnel error; consequently the minimum qualifications.of persons in volved in handling polluting substances should be specified. E. Legal basis: 86 Stat. 427, as amended (46 U.S.C. 391a); sec. 6(b)(1), 80 Stat. 937 (49 U.S.C. 1655(b)(1); 49 CFR 1.46(nX4). F. Chronology: Environmental analysis and inflationary impact statement completed February 1977. NPRM published 42 FR 21190. Public hearing June 1977.
G. Citation: 33 CFR pt. 155, 46 CFR pts. 10, 12, 30, 31, 35, 70, 90, 98.105.151, and 157.
LCDR Harmes, x 202-426-2190 CDR Hess, 202-426-225 FEDERAL REGISTER, V O L 43, NO. 184— THURSDAY, SEPTEMBER 21, 1978 FR October 1978.
FR October 1978.
Page 148
42918 NOTICES U.S. Coast G uard—Continued significant regulations—continued Title Summary ■** Contact Decision date Review: Revision of Electrical Regu lations (docket No. CGD 74-125).
Standard for new Self-Propelled Vessel Carrying Bulk Liquefied Oases (docket No. COD 74-289).
Whitewater Rafts Inspection (docket No. CGD 75-020).
Review: Upgrade New Tank Barge Construction (docket No. COD 75- 083), Upgrade Existing Tank Barge Construction (docket No. CGD 75- 083a).
A. Description: General revision and updating to conform with latest technology and to include steering requirements. B. Why significant: Considered significant since it incorporates the steering requirements of the Presidential initiatives. C. Regulatory Analysis: Will not be required. D. Need: The industrial standards for electrical engineering have changed in the past few years and the regulations must be brought up-to-date to reflect the lastest industry practice. E. Legal basis: 46 U.S.C. 170, 367, 369, 375, 390(b), 391(a), 392, 408, 416, 445, 389, 526p, 49 U.S.C. 1655(b). P. Chronology: NPRM published 42 PR 32700. A new NPRM will be issued September 1978.
G. Citation: 46 CFR pts. 110-113.
A. Description: These regulations would adopt the Intergovern mental Maritime Consultative Organization (IMCO) resolution, the code for construction and equipment of ships carrying liq uefied gases in bulk.
B. Why sign ifican t This is a significant rulemaking involving matters of substantial public interest. C. Regulatory analysis: Will not be required. D. Need: The increased use of liquefied gases for energy sources has produced a dramatic increase in the manufacture and use of vessels designed for the cargo. Due to the unusual and unique hazards associated with liquefied gases, these vessels must be addressed in regulations specially tailored to their unique situation.
E. Legal basis: R.S. 4472 as amended (46 U.S.C. 170); sec. 201, 86 Stat. 42), as amended (46 U.S.C. 391); sec. 6(b)(1), 80 Stat. 937 (49 U.S.C. 1655(b)(1).
F. Chronology: Economic and environmental impact assessments and negative declarations were prepared before the NPRM was published 41 FR 43822. Public hearing held November 1976. G. Citation: 46 CFR pts. 31, 34, 40, 54, 56, 98,154, and 154a. ^ D escription : These proposed regulations would set forth safety requirements for Whitewater rafts that would recognize the unique construction, arrangement, equipment, and general op eration of these vessels.
B. Why sign ifican t This project is considered significant because of the potential significant cost to a minor industry with small businesses and substantial congressional interest. C. Regulatory analysis: Will not be required. D. Need: Increased popularity of Whitewater rafting as a commer cial recreational activity has increased the potential for casual ties to paying passengers. Since these rafts are engaged in inter state commerce, by law, they are subject to inspection to insure that they meet minimum levels of safety. E. Legal basis: 46 U.S.C. 390.
F. Chronology: This project commenced in 1974. Public hearings will be held after the 1978 operating season. G. Citation: 46 CFR pts. 175-187, A. Description: This action is comprised of two regulatory pro jects centered on tank barge construction standards which re sulted from the Presidential initiatives directing a study of the tank barge pollution problem. One project will address new barge construction while the other will pertain to existing barges. Regulatory documents for both will be published at the same time and joint public hearings will be held. * B. Why sign ifican t Considered significant due to substantial com gressional and public interest.
C. Regulatory analysis: A joint regulatory analysis win be devel oped for bpth projects due to the conbined impact upon a single industry.
D. Need: Increased public awareness of the oil pollution problem, as well as international and domestic interest in this area have made increased design standards necessary as a menas of reduc ing the possibility of pollution.
E. Legal basis: See 201, 86 Stat. 427, as amended (46 U.S.C. 391a). F. Chronology: The upgrade of tank barge construction standards was published as a N PR M in the F ederal R egister of Dec. 24, 1971. As a result of the 63 written comments received, it was de cided that the standards needed to be studied further, especial ly as they would apply to existing barges. In 1974, the Coast Guard and the Maritime Administration per formed a joint study of the tank barge pollution problem which found that certain construction techniques might provide a sig nificant advantage for eliminating oil pollution from tank barges. However, the study had several weaknesses and regula tory action was not taken.
' In July 1977, the Coast Guard began a reexamination of the tank barge construction standards. It was determined that new con struction should be treated separately from existing barges. An ANPRM will be issued to gather additional data and assess im pacts related to existing barges.
G. Citation: 46 CFR pts. 32-40.
Mr. R. Tweedie, 202-426-2205 LCDR Rowek, 202-426-1477 LCDR Anderson, 202-426-2183 LCDR Johnson, 202-426-4431 LCDR Sampson, 202-426-2183 NPRM September 1978.
FR September 1978.
NPRM November 1978.
NPRM October 1978.
ANPRM October 1978.
FEDERAL REGISTER, VOL. 43, NO. 184— THURSDAY, SEPTEMBER 21, 1978
Page 149
NOTICES 42919 U.S. Coast G uaro—Continued significant regulations—continued Title Summary Contact Decision date Review: Pollution Prevention, Vessel A. Description: Would reduce accidental discharge of oil or oily and Oil Transfer Facilities (docket wastes dining vessel operations and during the transfer of oil or No. COD 75-124).
oily wastes to or from vessels.
B. Why sign ifican t Considered significant due to intense opposi- ' tion from the owners/operators of offshore marine service ves sels and inland waterways vessels to the oil-water separator re- .
quirements of 33 CFR 155.330. Also, considerable expense is es timated to be incurred by the towing service to install separa tors and monitors or alarms.
C. Regulatory analysis: Will not be required. D. Need: (1) Necessity to reduce the number of accidental spills. (2) Clarification of existing rules. (3) Additional requirement for oil-water separators under the 1973 International Conven tion for the Prevention of Pollution from Ships. E. Legal basis: Sec. 311(jXl) (C ) and (D ) of the Federal Water Pollution Control Act (86 Stat. 816, 818); 33 U.S.C. 132KJX1) (C) and (D).
F. Chronology: NPRM published 42 FR 32670. Supplemental NPRM published 42 FR 56625. Public hearings held: New Or leans, La., Nov. 22,1977, St. Louis, Mo., Nov. 30,1977, Washingx ton, D.C., Nov. 28,1977. Final rule anticipated July 1978. Q. Citation: 33 CFR pats. 154,155, and 156. Oil Pollution Liability Fund Require- A. Description: Would establish procedural rules concerning adments (docket No. COD 77-055).
ministration and operation of fund. Including liability limits for certain facilities, financial responsibility factors, damage claim settlement procedures, et al.
B. Why significant' Involves probable matters of substantial public interest and important DOT policy. C. Regulatory analysis: Will be required. D. Need: To communicate and clarify statutory provisions and ex ecutive branch Implementing requirements to affected public. E. Legal basis: Forthcoming legislation. F. Chronology: Authorizing legislation appears imminent. Expect congressional mandate of 180 days for FR. At least two public hearings will be held.
O. Citation: 33 CFR pt. 152.
Inert Oas System (docket No. CGD A. Description: Would require oil tankers of 20,000 dwt and over 77-057).
to be fitted with inert gas system.
B. Why significant' This is a result of a Presidential initiative and meets major cost impact criteria.
C. Regulatory analysis: Will be required. D. Need: As part of the President’s initiatives to reduce marine pollution, this regulation will reduce the possibility of in-tank explosions which have been the cause of some pollution inci dents.
E. Legal basis: See 201, 86 Stat. 427, as amended (46 UJS.C. 391a); 49 CFR 1.46(n)(4).
F. Chronology: Inflationary impact statement completed May 1977. NPRM published 42 FR 24874. Public hearing held in Washington, D.C., and San Diego, Calif. June 1977. G. Citation: 46 CFR 32.53.
\ Segregated Ballast/CBT/COW A. Description: On Mar. 17, 1977, President Carter directed the (docket No. CGD 77-058).
Secretary of Transportation to issue new rules for oil tanker standards which were to include segregated ballast on all tank ers and double bottoms on all new tankers which call at Ameri can ports. The provisions of this regulation proposed have been changed by the February 1978 IMCO Conference to include crude oil washing (cover) and clean ballast tanks (CBT). B. Why significant' This rulemaking is considered significant be- , cause of substantial congressional and public interest. C. Regulatory analysis: Will not be required. D. Need: As part of the President’s initiatives to reduce pollution, this regulation is needed to help reduce the possibility of a marine collision due to a loss of steering. E. Legal basis: See 201, 86 Stat 427, as amended (46 UJS.C. 391a); 49 CFR 1.46(nX4).
F. Chronology: NPRM was published 42 FR 24868. As a result of the Intergovernmental Maritime Consultative Organization (IMCO) February 1978 Tanker Safety and Pollution Prevention Conference, a new NPRM will be issued. G. Citation: 33 CFR pt. 157.
Steering Gear ‘design standards to A. Description: On Mar. 17, 1977, President Carter directed the provide redundancy (docket No.
Secretary of Transportation to issue new rules to provide for CGD 77-063).
back-up steering systems for all tankers calling at U.S. ports. B. Why sign ifican t This rulemaking is considered significant Be cause of congressional and public interest. C. Regulatory analysis: Will not be required. D. Need: As part of the President’s initiatives to reduce pollution, this regulation is needed to help reduce the possibility of a marine collision due to a loss of steering. E. Legal basis: Title II, sec.' 201, 86 Stat 427, as amended (46 U.S.C. 391a); 49 CFR 1.46.
F. Chronology: NPRM published 42 FR 24869. As a result of the IMCO February 1978 Tanker Safety and Pollution Prevention Conference, a new NPRM will be issued. G. Citation: 46 CFR pt. 58.
LCDR J. Busavage, 202-426-9578 F. Martin, 202-426-2606 Mr. D. Sheehan, 202-426-2205 CDR Ireland, 202-426-4431 CDR Williams, 202-426-2160 FR October 1978.
NPRM October 1978.
FR September 1978.
NPRM September 1978.
NPRM September 1978.
FEDERAL REGISTER, VOL 43, NO. 184—THURSDAY, SEPTEMBER 31, 1978
Page 150
42920 NOTICES U.S. Coast G uard—Continued significant regulations—continued Title Summary Contact Decision date Review: Construction and Equipment A. Description: Would amend regulations of existing self-pro- Existing Self-Propelled Vessels Carpelled vessels that carry bulk liquefied gases by including the rying Bulk Liquefied Cases (docket substantive requirements of the "Code for Existing Ships Car- No. 77-069).
rying Liquefied .Oases In Bulk” adopted by IMCO which would increase safety levels of existing gas ships. B. Why significant: This is significant because it involves a large number of existing United States and foreign flag liquefied gas ships and is the subject of substantial public interest. C. Regulatory analysis: Will not be required. D. Need: Increased use of liquefied gases has intensified the prob lems associated with this product. Since this product has unique properties and dangers, a dedicated set of regulations is needed to address them.
E. Legal basis: R.S. 4472 as amended (46 U.S.C. 170). Sec. 201, 86 Stat. 427, as amended (46 U.S.C. 391a); see 6(b)(1), 80 Stat. 937 (49 U.S.C. 1656(b)(1).
F. Chronology: An advance notice of proposed rulemaking was published 42 FR 33353. An environmental impact assessment should be completed October 1978.
O. Citation: 46 CFR pts. 31, 34, 38, 40, 54, 98, and 154. Review: Licensing of Pilots (docket A. Description: This proposal would require recency of service for No. CGD 77-084).
each route upon which a pilot is authorized to serve; licenses, to be issued with tonnage limitations commensurate with pilot ex perience; and consideration of shiphandling simulator training for pilots of large vessels (very large crude carriers—(VLCC)). , B. Why sign ifican t Considered significant because there is subtantial interest among marine personnel on this matter with opposition expected from Federal pilots. C. Regulatory analysis: Will not be required. D. Need: Increased ship size has led to unusual handling charac teristics with which some pilots may not be familiar. This rule will allow use of simulator training for these kinds of vessels. E. Legal Basis: 49 U.S.C. 1955; 46 U.S.C. 405. F. Chronology: A regulatory analysis should be completed Sep tember 1978. Public hearing will probably be held February 1979.
G. Citation: 46 CFR pt. 10.
Tank Vessel Operations Regulations, A. Description: The Coast Guard is considering issuing regula- Puget Sound (docket No. CGD 78tions governing the operation of tank vessels in the Puget 041).
Sound area to protect against environmental harm resulting from vessel or structure damage, destruction, or loss. B. Why sign ifican t This is considered a significant rulemaking due to congressional and public interest. In addition it may gen erate controversy among the public, environmentalists, and the oil industry.
C. Regulatory analysis: Will not be required. D. Need: To reduce the possibility of environmental harm result ing from oil spills in Puget Sound by governing the operation of tankers to reduce the risk of collision or grounding. E. Legal basis: Port and Waterways Safety Act of 1972 (33 U.S.C. 1221).
F. Chronology: Secretary Adams signed 180 day interim rule on Mar. 14, 1978, prohibiting entry of oil tankers in excess of 125,000 dwt in Puget Sound (43 FR 12257). ANPRM published 43 FR 12840 with public hearing held April 1978. An extension of the interim rule will be published in the F ederal R egister in order to allow the Coast Guard adequate time to complete this rulemaking.
G. Citation: 33 CFR pts. 160 and 161.. Personnel Job Safety Requirements A. Description: To develop safety requirements for personnel emfor Industrial Vessels.
ployed on vessels engaged in oil field exploration and develop ment.
B. Why sign ifican t This action concerns a matter that is of sig nificant public interest and which will impact on other Federal agencies. Action mandated by pending Outer Continental Shelf legislation.
C. Regulatory analysis: Will not be required. D. Need: Exploration and development of the offshore resources requires a growing fleet of vessels which perform a variety of industrial functions. The regulations will provide more compre hensive protection for personnel employed on these vessels. E. Legal basis: 43 U.S.C. 1333(e) and proposed legislation pending. F. Chronology: Prepare work plan November 1978. G. C ita tion : 46 CFR subchs. I and IA. Personnel Job Safety Requirements A. Description: To develop personnel safety and health requirefor Fixed Installations on the Outer ments for artificial island, fixed installations and other devices Continental Shelf.
on the Outer Continental Shelf (OCS).
B. Why sign ifican t This action concerns a matter that is of sig- — nificant public interest and which will impact on other Federal agencies. Action mandated by pending Outer Continental Shelf legislation.
C. Regulatory analysis: Will not be required. D. Need: More comprehensive requirements will improve person nel working conditions and the level of safety on fixed installa tions on the OCS. The regulations will also help fulfill the mandates for safety and health in the pending legislation on the OCS Land Act Amendments of 1978.
LCDR Pluta, 202-426-2160 LCDR Norman, 202-426-2240 CDR R. Janecek, 202-426-1935 CDR Cronk, 202-472-5160 CDR Cronk, 202-472-5160 NPRM February 1979.
NPRM December 1978.
NPRM (uncertain pending completion of environmental impact statement).
ANPRM April 1979.
ANPRM December 1978.
FEDERAL REGISTER, VOL. 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 151
NOTICES 42921 U.S. Coast G uard—Continued significant regulations—continued Title Summary Contact Decision date E. Legal basis: 43 U.S.C. 1333(e) and proposed legislation pending. F. Chronology: Prepared work plan August 1978. G. Citation: 33 CFRsubch. N, 46 CFR subchs. LA and V. NONSIGNIFICANT REGULATIONS Vessel Traffic Service, Berwick Bay, Would codify certain operating procedures now being done under La. (docket No. CGD 73-186).
local order (33 CFR pt. 161).
Review: Lights on Pipelines (docket Would require warning lights on unattended dredge pipelines (33 No. CGD 73-216).
CFR pt. 82).
Review: Cargo Location Signs and Would require notification of crew of the hazards and locations Cargo Information Cards on Barges of dangerous cargoes carried on barges (46 CFR pt. 36). (docket No. CGD 73-243).
VTS Louisville, Ky (docket No. CGD Would make mandatory a now voluntary vessel traffic service (33 73-244).
CFR pt. 161).
VTS San Francisco, Calif, (docket No....... CGD 73-724).
VTS Houston-Galveston, Tex. (docket ....do....................................................................... ............ . No. CGD 74-029).
Powered Pilot Hoists and Ladder Would establish new regulation for pilot hoists and revise regula- (docket No. CGD 74-140).
tions for pilot ladders and chain ladders (46 CFR pts. 160 and 163).
' Review: Provisions to allow for For- Would establish an acceptable mechanism for ships operating in eign Inspection of Liierafts (docket foreign ports to have necessary safety inspections performed No. CGD 74-208).
(46 CFR 160.051).
Review: Measurement of Vessels Size Would establish measurement of vessel size of accesses to exempof Accesses to Exemptible Water tible water ballast space (46 CFR pt. 69). Ballast Spaces (docket No. CGD 74- 211).
Review: Fixed Fire Extinguishing Would establish standards for the construction and installation Systems on Uninspected Vessels of Baton 1301 and other fixed fire extinguishing systems (46 (docket No. CGD 74-284).
CFR 160.29).
Elevators and Dumbwaiters (docket Would adopt the ANSI standard safety code with certain modifi- No. CGD 75-001).
cations for vessel construction (46 CFR pt. 58). Review: Bulk Concentrate Cargoes Would establish stability standards for high moisture content (docket No. CGD 75-033).
bulk concentrate cargoes in accordance with Intergovernmental Maritime Consultative Organization (IMCO) (42 CFR 93.25). Review. Compatibility of Bulk Liquid Would establish cargo loading standards to prevent the intermin- Cargoes (docket No. CGD 75-059).
gling of cargo likely to create dangerous conditions (46 CFR pt. 150).
Benzene Carriage Requirements Proposed requirements to prevent exposure of crew to hazardous Vapor Exposure Limitations vapors (46 CFR pts. 151 and 153), (docket No. CGD 75-075).
Review: Measurement of Vessels Proposed deduction for spaces, to collect, carry and process vessel (docket No. CGD 75-078).
waste material (46 CFR pt. 69). FR published July 1978 (43 FR 32109).
Review:
Cargo transfer Manual Proposed requirement for standard procedures to be contained in (docket No. CGD 75-148).
a manual available for the crew’s use (46 CFR pt. 354). Review: Ocean Operator (docket No. Proposed licensing requirements for rank of ocean operator (46 CGD 75-178).
.
CFR pts. 157 and 186).
Review: Launching Devices for Life- Proposed specification for approval of devices used for launching rafts (docket No. CGD 75-217).
inflatable liierafts (46 CFR pts. 160 and 063). Review: Helicopter Operations with Would establish guidelines for helicopter operations on tank ves- Tank Vessels (docket No. CGD 75sels and LNG vessels (46 CFR pts. 32,34, and 25). 221).
Review: Pilots on Self-Propelled Ves- Would require pilots in certain areas not now covered by State sels (docket No. CGD 75-236).
laws (46 CFR pt. 163).
Review: Advance Notice of Arrival Would require advance notice to Captain of the Port (COTP) of (docket No. CGD 75-238).
vessel arrivals, departures and hazardous conditions. NPRM published 43 FR 25958 (33 CFR pt. 161). Marine Occupational Safety and Proposed equipment and operational standards for commercial Health Standards, Commercial divers (46 CFR pts. 54 and 197). Diving Regulations (docket No.
CGD 76-009).
V Review: Stability Standards for Tug Would establish intact stability standards for vessels normally Boats (docket No. CGD 76-018).
engaged in towing operations to increase their resistance to capsizing (46 CFR pt. 42).
Review: Tug Assistance in Confined Would require tug assistance for large vessels operating in con- Waters (docket No. CGD 76-025).
fined waters. ANPRM published 41 FR 18770 (33 CFR pt. 164). Review: Lights and Retro-Reflective Would require lights and retro-reflective material on life preserv- Material for Life Preservers and ers in order to aid rescue effects (46 CFR pts. 25, 33, 75, 94,161, Other Lifesaving Equipment 167,180, and 192).
(docket No. CGD 76-023).
Review: Lifesaving Systems for Great Would amend lifesaving equipment regulations to improve Lakes Vessels (docket No. CGD 76chances of personnel survival following abandonment of vessel 033).
(46 CFR subchs. D, H, I, T, and Q).
Review: Exposure Suits on Great Proposed approval specification and vessel requirements for low- Lakes Vessels (docket No. CGD 76temperature exposure. NPRM published 43 FR 25000 (46 CFR 033a).
pts. 33,75, 99, and 160).
Review: Factory Inspection Approval Proposed procedures to allow third-party inspection of specified Procedures (docket No. CGD 76equipment (46 CFR pt. 159).
048).
Review: Factory Inspector, Distress Proposed procedures to allow third-party inspection of specified Signal (docket No. CGD 76-048a).
equipment (46 CFR pt. 160).
ENS Molessa, NPRM September 1978.
202-426-4958 ......do........................... FR August 1978. Mr. Query, 202-426-1217 NPRM November 1978.
ENS Molessa, 202-426-4958 NPRM October 1978.
Mr. Schwer, 202-426-4958 NPRM December 1978.
ENS Molessa, 202-426-4958 Do.
Mr. Markte, 202-426-1445 NPRM October 1978.
Mr. Daniels, 202-426-1445 ANPRM November 1978.
Mr. Stitt, 202-426-2192 NPRM October 1978.
Mr. K. Wahle, 202-426-1444 NPRM November 1978.
Mr. B. Jackson, 202-426-2205 FR December 1978.
Mr. D. Ewing, 202-426-2187 NPRM August 1978.
Mr. R. Query 202-426-1217 NPRM May 1979.
LT Haas, 202-426-1019 NPRM August 1978.
Mr. P. Stitt, 202-426-2192 Action complete.
LCDR Anderson, 202-426-2183 NPRM November 1978.
CDR Pensom, 202-426-2240 FR August 1978.
Mr. M. Daniels, 202-426-1445 NPRM November 1978.
LTJG Sedlak, 202-426-2197 NPRM August 1978.
Mr. F. Schwer, 202-426-1934 Do.
LCDR Bonekemper, 202-426-1927 FR October 1978.
CDR Muth 202-426-2307 FR September 1978.
Mr. F. Perrini, 202-426-1287 NPRM September 1978.
Mr. F. Schwer, 202-426-4958 NPRM June 1979.
LCDR Anderson, 202-426-2183 FR August 1978.
Mr. R. Markle, 202-426-1445 NPRM January 1979.
.... FR February 1979.
Mr. F. Thompson, 202-426-2174 NPRM September 1978.
Mr. R. Markle, 202-426-1445 Do.
FEDERAL REGISTER, VOL. 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 152
42922 NOTICES U.S. Coast G uard—Continued nonsignificant regulations—continued Title Summary Minumum Net Bottom Clearance (docket No. COD 76-051).
Review: Subdivision of Passenger Ves sels (docket No. COD 76-053).
Review:
Stability Standards for Hopper Dredges (docket No. COD 76-080).
Review:
Cargo Manifest; Foreign Tankers (docket No. COD 76-081).
Requirements for Boat Ventilation (docket No. COD 76-082).
Review: Combination Fire Hose Noz zles (docket No. 76-086).
Review: Cadets of the Coast Guard (docket No. COD 76-087).
Oil/Water Separator (docket No.
COD 76-088a).
Tank Vessel Regulations, (docket No. 76-088b).
Deepwater Port Safety Zone Regula tion (docket No. COD 76-096).
Review: lights on Barges (docket No. COD 76-109).
Review: Revision to subch. N (docket No. COD 76-125).
Review:
Applicability of Western Rlvers/Inland Rules (Chief Coun sel’s interpretive rules) (docket No. COD 76-129).
Review:
Approval Procedures— Shapes (docket No. COD 76-131).
Review: Approval Procedures Whis tles (docket No. COD 76-132).
Review: Amendments to Vessel Num bering Requirements (docket No.
COD 76-155).
Review: Certification Expiration Date Stickers for Small Passenger Ves sels (docket No. COD 76-162).
Review: Casualty Reporting (docket No. 76-170).
Review: Licensing of Deck Officers (docket No. COD 76-173).
Would require vessels to maintain a minimum net bottom clear ance while transmitting certain navigable waters of the United States. ANPRM published 41 FR 18770 (33 CFR pt. 164). Proposed more flexible regs by allowing compliance with Inter governmental Maritime Consultative Organization as an alter native to existing requirements (46 CFR pts. 73 and 74). Would improve dredge’s capability to withstand flooding caused by damage to hull or interior piping (46 CFR pt. 93). Proposed to alert the crew to the identify of cargo (46 CFR Dt. 35)» Would establish requirements for ventilation of fuel and »ngin» compartments on boats. NPRM published July 1978 (43 FR 32606) (33 CFR pt. 183).
Proposed requirement for an approved combination nozzle on most vessels (46 CFR pts. 34,76,95,162, and 193). Would revise present regulatory language to indicate desired pro cedures for cadet appointments. NPRM published 41 FR 47944 (33 CFR pt. 40).
Would establish approval procedures and specifications for oilwater separators, cargo and bilge monitors and bilge tit™« for use on merchant vessels (46 CFR pt. 162). Proposed requirements for installation and use of oil-water sepa rator (33 CFR pt. 157).
Would establish regulations for safety zones in the vicinity of deep water ports (33 CFR pt. 150). Would extend requirements for flashing yellow lights at heads of tows to all inland waters (33 CFR 80.16). Proposed general revisions to the subch. N, artificial islands and fixed structures on the Outer Continental Shelf (33 CFR pt. 140).
Would define where the inland and western rivers rules apply on the Port Allen-Morgan City alternate and landside routes (33 CFR 80.04 and 33 CFR 95.02).
Review: Licensing of Engineering Of ficers (docket No. COD 76-174).
Visual Distress Signals for Boats (docket No. COD 76-183).
Visual Distress Signals for Boats (docket No. COD 76-183a).
Review: Use of Dangerous Articles as Ships’ Stores and Supplies on Board Vessels (docket No. COD 76- 191).
Review: Radar Observer Endorse ment for Personnel (docket No.
COD 76-193a).
Review: Reexamination Procedures for Unlicensed Ratings (docket No. COD 76-203).
Review:
Shipboard Fumigation Standards (docket No. COD 76-206). Review: Exemption for Cargo Vessels in Alaska Serving Remote Villages, (docket No. COD 76-223).
Requirement to Stop to Permit Boarding (docket No. COD 76-232). Review: Administrative Amendment to Delete Incorrect References and Add New Proper Reference (docket No. COD 77-014).
Second Radar and Withdraws Colli sion Avoidance Radar (docket No.
77-016).
Would prescribe approval procedures for the manufacture of day shapes required by the 72 COLREOS (33 CFR pt. 87). Would prescribe approval procedures for the manufacture of whistles required by the 72 COLREOS (33 CFR pt. 87). Would make minor changes to the vessel numbering and accident reporting requirements to make them more consistent and effi cient (33 CFR pts. 173,174).
Would inform passengers of expired approvals for small passen ger vessels. FR published July 1978 (43 FR 30771) (46 CFR pt. 176).
Would update the regulation by changing the monetary and other damage criteria (46 CFR 4.05). Proposed general revision and updating of licensing requirements for deck and engineer officers to include provision of the Inter governmental Maritime Consultative Organization conference on standard of training and watchkeeping (46 CFR 10.05). Proposed revision and updating of licensing requirements for deck and engineer officers to include provision of the Intergov ernmental Maritime Consultative Organization Conference (46 CFR 10.10).
Would require visual distress signals to be carried on boats when operating on coastal waters and on the high seas. NPRM pub lished 43 FR 15118 (33 CFR pt. 175). Would establish approval specifications for certain new visual dis tress signals to be required in COD 76-183 (above entry) (33 CFR pt. 175 and 46 CFR pt. 160).
Proposed storage and labeling requirements (46 CFR pt. 147)____ Would require specialized training in use of radar equipment. This will be a supplemental notice based on a document pub lished earlier (46 CFR pt. 10).
Would eliminate confusion about reexamination procedures (46 CFR pt. 12).
Proposed operational requirements for fumigation procedures on vessels (46 CFR pt. 147A).
Would allow special uses for specific vessels serving in the Alas kan trade (46 CFR pts. 6, 30, 42, 43, 70, 90, and 151; 33 CFR pt. Would require boat operations to stop when ordered to do so by Coast Guard boarding officer (33 CFR pt. 177). Would revise incorrect référencé in the code of Federal Regula tions (46 CFR pt. 2).
Would require second radar on large vessels. FR published July 1978 (43 FR 32112) (33 CFR pt. 164). Contact Decision date Mr. F. Schwer, 202-426-4958 NPRM June 1979.
Mr. J. Howell, 202-426-2187 NPRM December 1978.
Mr. D. Ewing, 202-426-2187 NPRM August 1978.
LCDR Anderson, 202-426-2183 Mr. L. Granholm, 202-426-4027 Supplemental NPRM August 1978.
FR February 1979.
Mr. F. Thompson, 202-426-2174 LTJG Marshall, 202-426-9264 FR October 1978.
FR August 1978.
Mr. L. Martin, 202-426-1445 Do.
Mr. F. Martin, 202-426-2606 Mr. W. McGovern, 202-426-4958 CDR Cronk, 202-426-5160 NPRM September 1978.
Do.
Do.
Mr. W. McGovern, 202-426-4958 FR August 1978.
LT Gauthier, 202-426-4176 FR September 1978.
Mr. J. Crawford, 202-472-7964 Action complete.
CAPT Hampton, 202-472-7964 LCDR Norman, 202-426-2240 NPRM September 1978.
NPRM April 1979.
LT Gauthier, 202-426-4176 FR December 1978.
— dit________________ Mr. J. McAnulty, 202-426-1587 NPRM December 1978.
CDR Hess, 202-426-2251 NPRM August 1978.
CDR Hess, 202-426-1577 FR September 1978.
LT Norris, 202-426-1577 LCDR Sampson, 202-426-2183 NPRM August 1978.
NPRM October 1978.
ENS Strickland, 202-426-4176 LT Rock, n 202-426-2183 NPRM August 1978.
FR August 1978.
Mr. F. Schwer, 202-426-4958 Action complete.
FEDERAL REGISTER, VOL 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 153
NOTICES 42923 Ü.S. Coast G uard—Continued nonsignificant regulations—continued Title Summary Review: Marine Safety Investigations Would implement investigation authority under Ports and Wa- (docket No. CGD 77-018).
terways Safety Act (33 CFR pt. 168).
Ocean Dumping Surveillance Equip* Would establish equipment requirements to conduct surveillance ment Requirements (new part) to prevent unlawful dumping’of material into ocean waters (33 (docket No. CGD 77-029).
CFR pt 158).
Casualty Reporting Regulations Would eliminate a duplicative report FR Issued June 1978 (43 FR Elimination of Dual Reporting Re- 25820) (46 CFR pt. 4).
quirements (docket No. CGD 77- 036).
Review: Suspension and Revocation Would combine disparate regulations into a unified whole (46 Proceedings—Consolidation of Reg- CFR pts. 1 and 5).
ulations (docket No. CGD 77-037).
Review: Semiportable Fire Extin- Would amend specification to allow approval of wheeled units for guishers (docket No. 77-039).
use on stable platforms (46 CFR 162.039). Review: Manning of Uninspected Would clarify the applicability of the three watch system to Towing Vessels (docket No. CGD towing vessels (46 CFR pt. 157).
77-062).
Review: Designation of Oceanogra- Would delegate means of designating an oceangraphic research phic Vessels (docket No. CGD 77vessel to officers in charge, marine inspection (OCMI) (46 CFR 081).
Pt. 188).
Review:
Amendment to Clarify Editorial correction (46 CFR 157.15.5; 46 CFR pt. 157)................ (docket No. CGD 77-083).
Operational Specification for Radar Would develop specifications for radar systems on vessels over (docket No. CGD 77-085).
1,600 gross tons (33 CFR pt. 164).
VTS New York, N.Y. (docket No. Would establish regulations for vessel traffic service in New York CGD 77-087).
Harbor (33 CFR pt. 161).
Realignment of CCGD12 COTP/ Would realign captain of the ports/officer in charge, marine in- OCMU Zones (docket No. CGD 77speetion zones in 12th Coast Guard district. FR issued June 088).
1078 (43 FR 25955) (33 CFR 3.60).
Requirement for First Purchaser List Would require boat dealers to assist in creating a list of retail kept by Boat Dealers (docket No.
purchasers so manufacturers could send notice to alert of CGD 77-115).
safety defects (33 CFR pt. 179).
Review: Optional Numbering Re- Would make certain vessel numbering requirements applicable to quirements (docket No. CGD 77- States optional for the States (33 CFR pts. 173 and 174). 117), Numbering Requirements for Leased Would Increase to 7 days the period during which owner of a Vessel (docket No. CGD 77-117a).
based vessel can keep the certificate of number. FR issued June 1978 (43 FR 17940) (33 CFR pt 173).
Review: Waterfront Facilities (docket Would revise waterfront facility regulations by consolidating and No. CGD 77-128).
updating general regulations. ANPRM 43 FR 15108 (33 CFR pt 126).
Review: Amendments to Alternative Would provide editorial improvement and clarification of existing Compliance (docket No. CGD 77regulations (33 CFR p t 87).
136).
Review: Barge Loadline Exemptions Would provide exemption for river barges operating on waters be- (docket No. CGD 77-135).
tween Chicago and Burns Harbor and between St. Marks and Carabelle (46 CFR pt. 42).
Specification for Flotation Materials Would establish performance specification for foam flotation ma- <docket No. CGD 77-145).
terial in boats to resist fuel and solvents (33 CFR pt. 183). Review: Acceptance of ASME, U. or Would accept pressure vessels bearing the ASME “P ” or “UM” UM stamped class I, H, and HI prestamp without U.S. Coast Guard inspection (46 CFR pt. 54). sure vessels (docket No. CGD 77- 147).
Review: Amendments to Customs Would amend the joint Treasury-Coast Guard Customs regula- Regulations for Boats (docket No.
tions for imported boatsvMinor revision to improve administra- CGD 77-157).
tions of the regulation (19 CFR pt. 12). Damage Stability Information on Would require masters of vessels to have damage stability infor- Cargo Ships (docket No. CGD 77mation on board (46 CFR pt. 93).
161).
Review:
Appointment to Officer Would reflect changing requirements for commissioning licensed Status (docket No. CGD 77-165).
officers of the Merchant Marine (33 CFR pt. 33)t Electronic Navigation Equipment Would require Loran-C or alternative system on all vessels 1600 (docket No. CGD 77-168).
gross tons and greater (33 CFR pt. 164). Review: Establishment of Second- Would establish qualification for a second operator on small pas- Class Ocean Operator (docket No.
senger vessels required to have more than one ocean operator CGD 77-176).
on board. NPRM published 43 FR 12218 (46 CFR pts. 157, 186, and 187).
Written Warning for Violation of Would inform the public of CG policy of issuing warnings for Marine Sanitation Device Regulafirst time violations of marine sanitation device regulations FR tions (docket No. CGD 77-182).
issued May 1978 (43 FR 22657) (33 CFR pt. 1). Review: Amend Navigation Safety Would relax some navigation requirements for Great Lakes and Regulations (docket No. CGD 77provide editiorial corrections (33 CFR pt. 164). 183).
Review: Exception for Standards for Would exempt raceboats from standards meant for purely recre- Raceboats (docket No. CGD 77-191).
ational boats. ANPRM published 43 FR 22411 (33 CFR pt. 183). Designation of Confined or Congest- Would establish list of waters to be designated as “confined or ed Waters (docket No. CGD 77-196).
congested”—in accordance with navigation safety regulations (33 CFR pt. 164).
Review: Second Class Operators for Would allow for able seaman service on ocean going vessels to be Towing Vessels (docket No. CGD credited toward second class towboat license. NPRM published 77-204).
43 FR 22653 (46 CFR pt. 10).
Delaware Bay Regulated Navigation Would establish equipment requirements and operating restric- Area (docket No. CGD 77-211).
tions on vessels transiting Delaware Bay and River (33 CFR pt. 161)/ Notification of Tank Vesel Ownership Would require tank vessel owners/operators to advise USCG of Information and Name (docket No.
identity and ownership of tank vessels entering navigable CGD 77-213).
waters of U.S. NPRM published 43 FR 15583 (33 CFR pt. 161). Contact Decision date LCDR Bonekemper, NPRM August 1978.
202-426-1927 LT Voyik • Do.
202-426-9573 LT Regalbuto, Action complete.
202-426-1445 Mr. F. Thompson, NPRM August 1978.
202-426-2174 CDR Pensom, NPRM September 1978.
202-426-2240 •—••do..............................
Mr. W. McGovern, NPRM December 1978.
202-426-4958 Mr. F. Schwer, FR December 1978.
202-426-4958 Mr. Molessa, Action complete.
202-426-4958 CDR Greenough, NPRM August 1978.
202-426-1757 LT Gauthier NPRM September 1978.
202-426-4176 Action complete.
LCDR Bonekemper, NPRM June 1979.
202-426-1927 Mr. W. McGovern, FR December 1978.
202-426-4958 Mr. D. Ewing, NPRM September 1978.
202-426-2187 Mr. L. Cranholm, FR August 1978.
202-426-4027 Mr. H. Hime, NPRM September 1978.
202-426-2160 ENS Ziegenfuss, Do.
202-426-1757 LTJG McKay/ ANPRM October 1978.
Mr. J. Howell, 202-426-2187 LCDR Zawadzki NPRM September 1978.
202-426-0935 Mr. F. Schwer, Supplemental NPRM 202-426-4958 October 1978.
CDR Pensom, FR October 1978.
202-426-2240 LT Welsh, Action complete.
202-426-4176 Mr. F. Schwer, NPRM August 1978.
202-426-4958 Mr. Gray, NPRM October 1978.
202-426-4027 Mr. C. Liana, NPRM September 1978.
202-426-4958 LCDR Norman, FR September 1978.
202-426-2240 Mr. D. Ziegfeld, FR December 1978.
202-426-1934 LCDR Bonekemper, FR October 1978.
202-426-1927 FEDERAL REGISTER. VOL 43. NO. 184—THURSDAY. SEPTEMBER 21. 1978
Page 154
42924 NOTICES U.S. C oast G uard—Continued nonsignificant regulations—continued Title Summary Contact Decision date Review: Inland Waterways Naviga tion Regulations (docket No. CGD 77-217).
Review: Oxygen Resuscitators on Chemical Tankers (docket No. CGD 77-222).
Review: Port Security Regulations Update (docket No. CGD 77-228). Review: Halon 1301 fire Extinguish ing Systems for Merchant Vessels (docket No. CGD 77-232).
Navigation Lights for Small Vessels (docket No. CGD 77-233).
Administrative Change COTP/MIO LA-LB (docket No. CGD 77-234). Review:
Adininlstrative Update COTP Areas (docket NO. CGD 77- 241).
Review: Loran Position Transmitting Device (docket No. CGD 77-243). Great Lakes Winter Navigation (docket No. CGD 77-246).
Review: Safety Orientation for Pas senger Vessels (docket No. CGD 78- 009).
PPD Thread Specifications (docket No. CGD 78-012).
Great Lakes Pilotage Rate Increase (docket No. CGD 78-016).
Review: Waterfront Facilities Update (docket No. 78-023).
Requests for Temporary Documents (docket No. CGD 78-024, 78-24a). Would provide editorial changes to certain regulations previously issued by the Corps of Engineers and transferred to the Coast Guard under the Ports and Waterways Safety Act of 1972. (33 CFR pt. 162).
Would clarify what is an acceptable resuscitator (46 CFR pt. 153). Removable Hazardous Substances, Pollution Prevention for Vessels and Marine Transfer Facilities (docket No. CGD 78-032).
Review: Amendment to Boat Capac ity labels (docket No. CGD 78-034). Review: Safety Standards for Boat Gasoline Fuel Systems (docket No. CGD 78-036).
LNG Facility Regulations (docket No. CGD 78-038).
Oil and Nonremovable Hazardous Substances. Pollution Prevention Vessels and Marine Transfer Facili ties (docket No. CGD 78-039). Review: COTP Houston, Editorial Changes (docket No. CGD 78-051). Tows Navigating the Pass Manchac Bridge, La. (docket No. CGD 78- 050).
Review: COLREGS 72, Demarcation Line (docket No. CGD 78-052). Review: Safety Standards for Boat Electrical Systems (docket No. CGD 78-070).
Review: Appointment of the Perma nent Commissioned Teaching Staff (docket No. CGD 78-077).
Crane Operator Qualfications for Fixed Installations, Industrial Ves sels and Mobile Drilling Units on the Outer Continental Shelf.
Deepwater Port Liability Fund Re quirements.
Would eliminate outdated material in port security regulations (33 CFR pts. 6, 121, 124, 125, and 127). Would allow Halon 1301 for specific types of installation (46 CFR 164.017).
Would specify approval procedures and installation requirements for international rules navigation lights for small vessels (33 CFR pt. 89).
Would correct address of relocated Marine Inspection Office. FR issued May 1978 (43 FR 18553) (33 CFR 3.55), Would make editorial changes to listing of certain captain'of the port aareas (33 CFR pt. 3).
Would amend Prince Williams Sound vessel traffic regulations to require loran position transmitting devices (33 CFR pt. 82). Would establish three regulated navigation areas for Great Lakes (33 CFR pt. 128).
Would alert passengers to locations and use of safety devices. NPRM published 43 FR 28426 (46 CFR pts. 185 and 26). Would amend personal flotation device specification to allow use of alternative threads in several seams. FR issued June 1978 (43 FR 27152) (46 CFR pt. 160).
Would increase U.S. pilotage rates by 10 percent, retroactive to Apr. 1, 1978, in all three pilotage districts, except the Welland Canal. FR issued June 1978 (43 FR 24996) (46 CFR pt. 401). Would eliminate errors and outdated cross references in existing waterfront facilities regulations (33 CFR pt. 126). Would allow a merchant seaman to request a temporary docu ment pending an appeal of a suspension to the comman&ant, and publish a list of administrative law judges (46 CFR pts. 5 and 7).
Would establish regulations for pollution prevention for remov able hazardous substances for vessels and marine transfer fa cilities (33 CFR pts. 154, 155, and 156). Would make information in safe loading capacity labels clearer and easier to use (33 CFR pt. 183). Would extend application dates of certain parts of regulation, to permit time for equipment changes (33 CFR pt. 183). Would establish Liquified natural gas waterfront facility safety regulations in accordance with memorandum of understanding between USCG and MTB (33 CFR pt. 126). Would establish regulations for pollution prevention for nonre movable hazardous substances for vessels and marine transfer facilities (33 CFR pts. 154, 155, and 156). Would make an editorial change to the description of the Cap tain of the Port Houston area (33 CFR pt. 163). Would provide for regulation of tows navigating the waters in the vicinity of the Pass Monchac Bridge, La. (33 CFR pt. 16?). Would change regulations to provide for amendment to COL-- REGS 72 establishing demarcation line in Florida (33 CFR pt. 82).
Extends application date for ignition protection requirements (33 CFR pt. 183).
Would delete regulatory language to conform to the admissions process desired by the Superintendent, U.S. Coast Guard Acad emy (33 CFR pts. 33, 40).
Would develop required qualifications for crane operators em ployed on the Outer Continental Shelf (33 CFR pts. 146 and 46 CFR pt. 92).
Would implement provisions of the Deepwater Port Act of 1974 to establish and administer liability limits and compensation relative to accidental oil spills at deepwater port sites (33 CFR pt. 150).
ENS Molessa, 202-426-4958 FR September 1978.
Mr. R. Query, 202-426-1217 Do.
LTJG Dickman, 202-426-1927 Mr. R. Eberly, 202-426-2197 FR August 1978.
NPRM September 1978.
Mr. C. Llana, 202-426-4958 NPRM August 1978.
Mr. Molessa, 202-426-4958 ENS Molessa, 202-426-4958 Action complete.
FR December 1978.
Mr. F. Schwer, 202-426-4958 Mr. D. Ziegfeld, 202-426-1934 LT Rock, 202-426-2183 NPRM September 1978 NPRM August 1978.
FR December 1978.
Mr. F. Thompson, 202-426-2173 Action complete.
Mr. J. Hartke, 202-755-8683 Do.
LCDR Bonekemper, 202-426-1927 LCDR O’Pezio, 202-426-2215 FR August 1978.
Do.
LCDR Busavage, 202-426-9578 ANPRM September 1978 Mr. L. Granholm, 202-426-4027 ....do .¡...„................... NPRM September 1978.
.... FR August 1978.
LCDR Bonekemper, 202-426-1927 ANPRM August 1978.
LCDR Busavage, 202-426-9578 ANPRM September 1978 ENS Molessa, 202-426-4958 — ..do................... .
FR September 1978.
.... NPRM November 1978.
.... NPRM October 1978.
Mr. L. Granholm, - 202-426-4027 FR August 1978.
LT Lee, 202-426-9866 FR September 1978.
CDR Cronk, 202-472-5160 ANPRM December 1978.
Mr. F. Martin, 202-426-2606 ANPRM March 1979.
ROUTINE AND FREQUENT NONSIGNIFICANT REGULATIONS Title Total Contact Decision date Safety Security Zone Regulations. Anchorage Area Regulations........ LCDR R. Frank, 202-426-1927.
LCDR H. Snow, 202-426-1940 .. June 1978 to June 1979.
Do.
FEDERAL REGISTER, VOL. 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 155
NOTICES 42925 U.S. C o a st G u a r d—Continued ROUTINE AND FREQUENT NONSIGNIFICANT REGULATIONS—Continued Title Total Contact Decision date Drawbridge Regulations..................................... ......... Mr. F. Teutoh. 202-426-1380.............. F ederal A viatio n A dm inistr ation SIGNIFICANT REGULATIONS Title Summary Contact Decision date Sec. 30 Regulations—Civil Rights A Description: Develop regulations to implement sec. 30 of the (docket No. 16410).
Airport and Airway Development Act of 1970, as amended by the Airport and Airway Development Act Amendments of 1976 (Act). The regulations would assure that no person is excluded on the grounds of race, creed, color, national origin, or sex from participating in any project for airport development, airport master planning, or airport system planning conducted with or benefiting from funds received from a grant made under the Act.
B. Why sign ifican t The proposed regulations implementing sec. 30 are considered significant inasmuch as there is substantial public interest and they involve important Department policy. C. Regulatory analysis: Will not be required. D. Need: To assure that minorities and minority businesses are af forded full and equal opportunity with respect to employment contracting, and leasing of concessions on airports operated by sponsors receiving grants from airport development projects. E. Legal basis: Sec. 30 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1730) and § 1.47(f)(1) of the regulations of the Office of the Secretary of Transportation (49 CFR 1.47(f)(1)).
F. Chronology: The proposed regulations were set forth in a notice of proposed rulemaking (notice No. 77-1) on Jan. 13,1977 (42 FR 2850). The regulations are proposed to be included in existing pt. 152 as new subpt. E—nondiscrimination in airport aid program. The public was invited to comment on the pro posed rule by Mar. 14,1977, which date was twice extended (to May 20,1977), upon numerous requests from the public. O. Citation: 14 CFR pt. 152.
Deletion of Three-Pointer Altimeter A. Description: Proposed revision to prohibit the use of three- (docket No. 17151).
pointer altimeters on all turbine engine powered airplanes. B. Why sign ifican t This proposal is considered to be a significant regulation because it may generate substantial public interest and require considerable funds to be expended by owners/operators of turbine engine powered airplanes. C. Regulatory analysis: Will be required. D. Need: To evaluate recommended action of special air safety ad visory groups that use of three-pointer altimeters on large tur bine-powered airplanes be prohibited.
E. Legal basis: Secs. 313(a), 601, and 604 of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1354(a), 1421, and 1424), sec. 6(c) of the Department of Transportation Act (49 U.S.C. 1655(c).
F. Chronology: Prohibition of three-pointer altimeters from use in airplanes was first recommended by the special air safety ad visory group at the completion of its survey of the cockpit envi ronment in air carrier aircraft in 1975. Thereafter, the matter was researched and it was deemed necessary to solicit com ments from interested persons.
Accordingly, advance notice of proposed rulemaking (ANFRM) No. 77-18 was published in the F ederal R egister on Aug. 29, 1977 (42 FR 43408), with a comment closing date of Nov. 28, 1977. An evaluation of comments received in response to that ANPRM indicated that an NPRM should be issued. According ly, a notice of proposed rulemaking (NPRM) is being prepared. O. Citation: 14 CFR pts. 23, 25,91,121, and 135. Flammability Standard for Crew- A. Description: Proposed revision to establish flammability specimember Uniforms (docket No.
fications for crewmember uniforms that will provide protection 14451).
against heat and flame.
B. Why sign ifican t This proposal is considered significant rulemaking project due to substantial public interest and potential cost to airlines.
C. Regulatory analysis: Will be required. D. Need: To establish basic flammability specifications for crew member uniforms, since clothing now used is made of conven tional fabrics which may be ignited under many of the emer gency conditions that may result.
E. Legal basis: Secs. 313(a), 601, and 604, Federal Aviation Act of 1958, as amended (49 U.S.C. 1354(a), 1421(a), 1422), 6(c) DOT Act (49 U.S.C. 1655(c)).
F. Chronology: Prior to April 1974, a number of informal confer ences were held with members of the public including the Asso ciation of Flight Attendants (AFA), regarding flammability of flight attendant uniforms. A project was established to examine AFA claims regarding uniform flammability. National Bureau of Standards (NBS) Center for Fire Research was selected as Paul Galls, 202-426-3831 Joe Sullivan, 755-8716 Joe Sullivan, 755-8715 FR December 1978.
NPRM November 1978.
NPRM December 1978.
FEDERAL REGISTER, VOL. 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 156
42926 NOTICtS F ederal A v iatio n A dm inistration—Continued significant regulations—continued Title Summary Contact Decisimi date research contractor. An advance notice of proposed rulemaking (ANPRM) No. 75-13 was issued Mar. 16. 1975 (40 FR 11737) to solicit public information and comments. A follow-on contract was established with the NBS to evaluate comments and conduct further testing. Contract in effect March 1978.
O. Citation: 14 CFR pt. 121.
Parts Manufacturer Approvals A. Description: Proposes to revise the parts manufacturer approv- (docket No. 17147).
al application and reporting requirements and provisions relat ed to showing identicalness of parts.
B. Why significant: The proposed revision is considered to be sig nificant because it is controversial.
C. Regulatory analysis: Will not be required. D. Need: Differences of opinion exist with respect to the methods available for showing identicalness of parts. Also the parts man ufacturer approval application and reporting requirements may be unnecessarily burdensome.
E. Legal basis: Secs. 313(a), 601, and 603 of the Federal Aviation Act of 1958 (49 UJ3.C. 1354(a), 1421, and 1423). P. Chronology: Project No. 76-257-R was initiated Dec. 23, 1975. NPRM No. 77-19 published in the F ederal R egister (42 FR 43985). Comment period later reopened until Jan. 4, 1978 (NPRM No. 77-19A, 42 FR 61048), and again reopened until May 15, 1978 (NPRM No. 77-19B, 43 FR 15432). Portions of NPRM dealing with other subjects to be handled separately. O. Citation: 14 CFR pt. 21.
Post Crash Fuel Fires (docket No. A. Description: Proposed rulemaking would have established 12274).
standards for fuel systems to prevent postcrash explosions or fires.
B. Why significant: This was a significant proposal because it would have required all existing, and newly manufactured tur bine engine powered transport airplanes to have protective fuel systems installed by specified dates. The proposal has generat ed considerable public interest and controversy with respect to technological and economic impacts, and the adequacy of the proposals.
C. Regulatory analysis: Will not be required. D. Need: To determine practicability and availability of aircraft systems and techniques for reducing the hazards of fuel system fires and explosions associated with survivable turbine powered transport category airplane accidents. E. Legal basis: Secs. 313(a), 601, 603, and 604, Federal Aviation Act of 1958 (49 U.S.C. 1354(a), 1421,1423, and 1424), sec. 6(c) of the Department of Transportation Act (49 UJS.C. 1655(c)). F- Chronology: A petition for rulemaking was received from avi ation consumer action project (ACAP) in September 1977, to re quire installation and use of nitrogen inerting systems on trans port category aircraft. NPRM 74-16 (39 FR 12260; Apr. 4,1974) was issued in March 1974. NPRM 74-16A, issued in May 1974 (39 FR 13288; May 24, 1974). NPRM 77-16B, issued in April 1977 (42 FR 21202, Apr. 25, 1977). A public hearing was held in June 1978 on these NPRM’s. The comment period on these no tices closed in August 1978. The proposed regulations will be withdrawn in August 1971, pending further study by the agency and an advisory committee.
G. Citation: 14 CFR pts. 25 and 121.
Aircraft Wheels and Wheel-Brake As- A. Description: The objective is to upgrade the requirements for semblies.
wheels and brakes for small and transport airplanes. B. Why significant' This is a significant proposal due to substan tial public interest because wheel and brake integrity is consid ered critical to the safety of rejected takeoffs. C. Regulatory analysis: Will not be required. c D. Need: Service experience indicates a possible need to improve the standards applicable to aircraft wheels and wheel-brake as semblies.
E. Legal basis: Secs. 313(a) and 601 of the Federal Aviation Act of 1958. (49 U.S.C. 1354(a) and 1421).
F. Chronology: Project initiated Sept. 7, 1977, to develop a notice of proposed rulemaking.
G. Citation: 14 CFR pts. 23, 25, and 37. Lithium Sulfur Dioxide Batteries........ A. Description: Proposed airworthiness directive (AD) requiring Joe Sullivan, removal of lithium sulfur dioxide (USO ) batteries from all air- 202-755-8716 craft including those installed in emergency locater transmit- , ters (ELT’s), and companion technical standard order (TSO) prescribing standards for acceptable batteries, B. Why significant' Considered significant project dile to consid erable public interest.
C. Regulatory analysis: Will be required. D. Need: Service experience indicates that current LiSO batteries are susceptible to a number of potentially dangerous problems. E. Legal basis: Secs. 313(a), 601, and 603 of the Federal Aviation Act of 1958. (49 U.S.C. 1354(a), 1421, and 1423). ,F- Chronology: Regional and headquarters team established July 1976, to write draft USO TSO. Draft completed December 1976. TSO updated August 1977. Proposed AD and TSO combined in one regulatory package December 1977.- G. Citation: 14 CFR pts. 37 and 39.
Joe Sullivan, 202-755-8716 Joe Sullivan, 755-8716 Joe Sullivan, 202-755-8716 FR March 1979.
Withdrawal August 1978 NPRM September 1978.
NPRM November 1978.
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Page 157
NOTICES 42927 F ederal A v iatio n A dm inistr ation—Continued significant régulations—continued Title Summary Contact Decision date Compartment Interior Material Toxic A. Description: Project objective was to determine whether repi- Gas (docket No. 14230).
lations should be amended to include requirements pertaining to toxic gas emission characteristics of compartment materials. B. Why sign ifican t This was a significant proposal due to sub stantial public interest and because postmortem examination often indicated that the blood of accident victims contains lethal amounts of toxic gases emitted by burning materials. C. Regulatory analysis: Will not be required. D. Need: To determine need for standards governing the toxic gas emission characteristics of compartment Interior materials used in transport category airplanes.
E. Legal basis: Secs. 313(a), 601, and 603 of the Federal Aviation Act of 1958 (49 U.S.C. 1354(a), 1421, and 1423, and of sec. 6(c) of Department of Transportation Act (49 U.S.C. 1655(c)). F. Chronology: An advance notice of proposed rulemaking 74-38 was issued on Dec. 19,1974 (39 FR 453044, Dec. 31,1974). Public hearing on compartment materials Was held Nov. 14-17, 1977. The proposed regulations will be withdrawn pending further study by the agency and an advisory committee. G. Citation: 14 CFR pt. 2.
Aircrnft xir~? ................ A Description: The Objective of this project is to determine if the aircraft tire standards in the regulations should be upgraded, and if so, the details of the upgrading. B. Why sign ifican t This is considered a significant project due to substantial public interest because tire integrity is considered critical to takeoff roll ground handling conditions. C. Regulatory analysis: Will not be required. D. Need: Service experience indicates a possible need to improve the standards applicable to aircraft tires. E. Legal basis: Secs. 313(a) and 601 of the Federal Aviation Act of 1958 (49 U.S.C. 1354(a) and 1421).
F. Chronology: Project initiated November 1977. G. Citation: 14 CFR pt. 37.167.
Air Ambulance Standards (docket No. A. Description: Proposed standards for air transportation of per- 17045).
sons requiring medical attention or care enroute. B. Why sign ifican t The proposed regulation was considered sig nificant because there is substantial public interest in it. C. Regulatory analysis: Will not be required. D. Need: To insure that the medical needs of persons requiring medical attention while in flight are met without compromising sftfcty* E. Legal basis: Secs. 313(a), 601, and 604, Federal Aviation Act of 1958, as amended (49 U.S.C. 1354(a), 1421, and 1424); sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)). F. Chronology: DOT working group formed to develop standards during December 1974, two public hearings held in July 1975, and an ANPRM 77-14 (42 FR 37825, July 25,1977) was issued in July 1977. Based on the comments received, the FAA has recon sidered this matter and the proposed regulation will be withdrawn, G. Citation: 14 CFR pt. 135.
Review: FAR P t 91 Upgrade ..... A. Description: To upgrade standards applicable to the operation of certain aircraft when not operated as an air carrier. B. Why sign ifican t This is considered significant due to substan tial public interest in the constraints to be proposed for safer operations of large aircraft under pt. 91. C. Regulatory analysis: Will not be required. D. Need: Experience indicates that these proposed regulations are necessary to replace the current regulations with clearer regu lations that are based upon safety, rather than economic crite ria.
E. Legal basis: Secs. 313(a) and 601-610 of the Federal Aviation Act of 1958 (49 U.S.C. 1354(a) and 1421-1430) and sec. 6(c), De partment of Transportation Act (49 U.S.C. 1655(c)). F. Chronology: Project approved in March 1978. G. Citation: 14 CFR pt. 91.
Aircraft Cabin Ozone Contamination A Description: Proposed revision to limit the concentration of (docket No. 16854).
high altitude ozone allowed in an aircraft cabin. B. Why sign ifican t The notice of proposed rulemaking is consid ered a significant project because it involves an area of substan tial public interest and will-be controversial. C. Regulatory analysis: Will not be required. D. Need: To alleviate physical discomfort to crewmembers and passengers, due to ozone gas, or high altitude flights. E. Legal basis: Secs. 313, 601, 603, and 604, Federal Aviation Act of 1958, as amended (49 UJS.C. 1354, 1421,1423, and 1424); and sec. 6(c) of the Department of Transportation Act (49 U.S.C. 1655(c)).
F. Chronology: In winter of 1976, FAA became aware of crew and passenger complaints of discomfort on high altitude flights and in March 1977, ozone gas was believed to be probable cause. An Advisory Circular, No. 00-52, Ozone Irritation During High Al titude Flight, was published July 21, 1977, defining ozone, its causes, and its symptoms. On May 26, 1977, FAA initiated a project to study the short- and long-term health effects of ex posure to high altitude ozone. An ANPRM was issued on Oct. 6, 1977 (42 FR 54427), seeking information from all interested per sons. A notice of proposed rulemaking is being developed. G. Citation: 14 CFR pts. 25 and 121.
Joe Sullivan, 755-8716 Joe Sullivan, 202-755-8716 Joe Sullivan, 755-8716 Joe Sullivan, 775-8716 Joe Sullivan, 775-8716 Withdrawal August 1978.
NPRM December 1978.
Withdrawal August 1978.
NPRM October 1978.
NPRM September 1978.
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Page 158
42928 NOTICES F ederal A v iatio n A dm inistr ation—Continued significant regulations—continued Title Summary Contact Decision date Review; Operations Review Notice A. Description: Proposes to revise the flight and duty time limita- No. 78-3 (docket No. 17669).
tions and rest requirements for flight crewmembers used by do mestic, flag, and supplemental air carriers, commercial opera tors of large aircraft, and air travel clubs. B. Why significant: This proposal is considered a significant regu lation because of the controversy associated with the complex ity and enforcement problems of the current rules. C. Regulatory analysis: W ill not be required. D. Need: This proposal is needed to eliminate the complexity of the current regulations and to assure that flight and duty time limitations are based upon today’s operating environment. E. Legal basis: Secs. 313(a), 601, and 604 of the Federal Aviation Act of 1958 (49 U.S.C. 1354(a), 1421, and 1424) and sec. 6(c) of the Department of Transportation Act (49 U.S.C. 1655(c)). F. Chronology: The proposals contained in this notice are based on related proposals discussed at the December 1975, Oper ations Review Conference. The notice was published in the F ed eral R egister on Feb. 27, 1978, with a closing date of May 30, 1978, for public comments. Initial comment period was ex tended to July 14, 1978, with reply comments allowed on or before Aug. 18,1978 (43 FR 22540, May 25,1978). Q. Citation: 14 CFR pts. 121 and 123.
Review: Operations Review Notice A. Description: Proposes to establish regulations for flight and No. 13.
duty time limitations and rest requirements for flight atten dants used by domestic, flag, and supplemental air carriers, commercial operators of large aircraft, and air travel dubs. B. Why sign ifican t This proposal is considered a significant regu lation because there is substantial public interest in it. C. Regulatory analysis: W ill not be required. D. Need: Because flight attendants perform important duties re lating to the safety of flight, flight and duty time limitations ahd rest requirements are necessary to prevent excessive fa tigue from adversely affecting the performance of those duties. E. Legal basis: Secs. 313(a), 601, and 604 of the Federal Aviation Act of 1958 (49 U.S.C. 1354(a), 1421, and 1424) and sec. 6(c) of the Department of Transportation Act (49 U.S.C. 1655(c)). F. Chronology: The proposals contained in this notice are based on related* proposals discussed at the December 1975, Oper ations Review Conference.
O. Citation: 14 CFR pts. 121 and 123.
Review: Part 135 Regulatory review A. Description: Proposes to substantially revise the requirements (docket No. 16097).
tor operations conducted by air taxi and commercial operators of small aircraft to provide a higher level of safety. B. Why sign ifican t This amendment is considered a significant regulation because of the costs and the controversy associated with the general upgrading of the current rules. C. Regulatory analysis: W ill not be required. D. Need: The amendments are necessary because there has been considerable growth in the air taxi industry in recent years and many operators have requested that they be allowed to operate large and more complex aircraft.
E. Legal basis: Secs. 313(a), 314(a), 601 through 610, and 1102 of the Federal Aviation Act (49 U.S.C. 1354(a), 1355(a), 1421 through 1430, and 1502); sec. 6(c), Department of Transporta tion Act (49 U.S.C. 1655(c)).
F. Chronology: This amendment resulted from proposals dis cussed at the November 1976, pt. 135 Regulatory Review Con ference. Notice 77-17 was published in the F ederal R egister on Aug. 29,1977 (42 FR 43490) with a closing date of Nov. 28, 1977, for public comment. Comments have been analyzed and evalu ated and a draft amendment is being prepared. G. Citation: 14 CFR pt. 135.
Review: Pt. 135 Regulatory Review A. Description: This proposal would amend the airworthiness Program: Additional Airworthiness standards for certain turbopropeller powered multiengine small Requirements for 10 or More Pasairplanes to allow their certification and operation at weights senger Small Airplanes Over 12,500 above 12,500 lb.
Pounds (docket No. 17325).
B. Why sign ifican t This proposal is considered significant be cause it will-generate substantial public interest since it repre sents a departure from a long-standing line of demarcation be tween “large” and “small” airplanes, insofar as airworthiness standards and operating rules are concerned. C. Regulatory analysis: W ill not be required. D. Need: The need for the regulation is related to providing for more efficient aircraft utilization.
E. Legal basis: Secs. 313(a), 601, 603, and 604 of the Federal Avi ation Act of 1958 (49 UJ3.C. 1354(a), 1421,1423, and 1424). F. Chronology: Advance notice 77-25 (40 FR 56702; Oct. 27, 1977) dealt with the general question of the need for a new FAR air worthiness part for use by commuter air carriers. The maxi mum weight issue is one of many that are involved. G. Citation: 14 CFR pts. 21, 23, and 135. Review:
Airworthiness Review A. Description: Proposed amendments to improve and update the Amendment No. 8: Miscellaneous airworthiness standards that apply to the type certification of and Procedural Amendments aircraft, engines, propellers, related operating and maintenance (docket No. 14779).
rules, and procedural requirements.
Joe Sullivan, 755-8718 Joe Sullivan, 755-8716 Joe Sullivan, 755-8716 Joe Sullivan, 202-755-8714 Joe Sullivan, 202-755-8716 FR May 1979.
NPRM December 1978.
FR September 1978.
NPRM August 1978.
FR February 1978.
FEDERAL REGISTER, VOL. 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 159
NOTICES 42929 F ederal A v iatio n A dm inistr ation—Continued SIGNIFICANT REGULATIONS—continued Title Summary Contact Decision date B. Why sign ifican t This group of amendments is considered sig nificant because it includes a number of costly and controver sial amendments (dealing generally with cabin safety) that re quire modification of aircraft in service. C. Regulatory analysis: W ill not be required. D. Need: The need to update and improve the Federal aviation regulations as covered in this group of amendments, was em phasized at public conferences held in conjunction with the air worthiness review program.
E. Legal basis: Secs. 307, 313(a), 502, 601, 603, 604, and 605 of the Federal Aviation Act of 1058 (49 U.S.C. 1348, 1354(a), 1402, 1421,1423,1424, and 1425).
F. Chronology: Notice 75-31 (40 FR 29140) appeared in the F eder al R egister on July 11, 1975. The final amendment is being prepared.
O. Citation: 14 CFR pts. 1, 21, 23, 25, 27, 29, 31, 33, 35, 43, 45, 91, and 121.
Review: Security of Persons and A. Description: Proposed revision of regulations to update, clari- Property in Air Transportation fy, and add provisions to the regulations to provide more effec- (docket No. 16245).
tive security for persons and property in air transportation. B. Why sign ifican t May involve substantial public interest or controversy.
C. Regulatory analysis: W ill not be required. D. Need: The amendment is intended to update and clarify air port security regulations, and to provide more effective protec tion of persons and property in air transportation or intrastate air transportation against acts of criminal violence and aircraft piracy.
EL Legal basis: Secs. 313, 315, 316, and 601, Federal Aviation Act of 1958, as amended (49 UJS.C. 1354,1356,1357, and 1421); sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)). F. Chronology: Started June 30,1975. NPRM issued June 1977 (42 FR 30766; June 16,1977).
G. Citation: 14 CFR pt. 107.
SST Noise Rule (docket No. 15376)..... A. D escription The rule—(1) requires all SST’s except Concordes with flight time before Jan. 1,1980, to comply with the stage 2 noise limits (an airplane that has been shown to comply with noise limits originally applied to subsonic Jets) of 14 CFR pt. 36 in order to operate in the United States; (2) prohibits modifica tions of current SST types that increase their noise; (3) places operational restrictions on SST’s that do not comply with the stage 2 noise limits of pt. 36; and (4) adds procedures adapting the flight test conditions and noise limits of pt. 36 to SST’s. A proposal to improve protection of the United States from sonic boom is also included.
B. Why sign ifican t The rule is considered major because of the high degree of public concern regarding SST noise and the in ternational implications of SST operating limits. C. Regulatory analysis: Not required.
D. Need: These provisions respond to the public need for the con trol of sonic boom and SST in accordance with sec. 611 of the Federal Aviation Act of 1958 as amended by the Noise Control Act of 1972.
EL Legal basis: Secs. 307, 313(a), 601(c), 603, 611, Federal Aviation Act of 1958, as amended (49 U.S.C. secs. 1348, 1354(a), 1421(a), 1423, and 1431); sec. 6(c), Department of Transportation Act (49 U.S.C. sec. 1655(c); Title I, National Environmental Policy Act of 1969 (42 U.S.C. sec. 4321 et seq.); Executive Order 11524, Mar. 5,1970.
F. Chronology: ANPRM 70-33 issued Aug. 4, 1970, requested public input on the general pattern of SST noise. The NPRM ' was, in part, a response to an Environmental Defense Fund suit on the subject. Notice 75-15, issued Mar. 25, 1975, contained EPA proposals, including 8 options to contest SST Noise. Two public hearings (Los Angeles and Washington) were held in May 1975. Notice 76-1 issued Feb. 6, 1976, contained a further EPA proposal clarifying those in Notice No. 75-15. A public hearing was held in Washington in April 1976. Notice 77-23, issued Oct. 11, 1977, added further FAA proposals to the EPA proposals. Public hearings were held in Hawaii (January 1978) and Los Angeles (February 1978). Final rule was issued on June 26,1978 (43 FR 28406).
G. C ita tio n 14 CFR pts. 21,36, and 91. Review: Airport Aid Program ............ A. D escription Proposed amendment to simplify and clarify re quirements for receipt of aid and to implement certain provi sions o f the Airport and Airway Development Act Amendments of 1976.
B. Why sign ifican t This notice of proposed rulemaking is consid ered a major project because it might involve an area of sub stantial public interest and controversy. C. Regulatory analysis: W ill be required. D. Need: To update airport aid requirements in accordance with Airport and Airway Development Act Amendments. EL Legal basis: Airport and Airway Development Act of 1970 (49 U.S.C. 1701).
F. Chronology: Initiated as a result of final report and recommen dations of Airports. Task Group, Mar. 10,1975. G . CiU ition 14 CFR pt. 152.
Richard A. Noble, 202-426-8768 James Densmore,.
202-755-9468 Paul Galls, 202-426-3831 FR August 1978.
Action complete.
NPRM November 1978.
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Page 160
42930 NOTICES Federal A viation A dm inistr ation—Continued significant regulations—continued Title Summary Contact Decision date Administrative User Charges................ A. Description: This notice proposes to revise existing PAA fees for aircraft registration and for recording conveyances affect ing title to, or any interest in, aircraft. In addition, it proposes to establish fees for FAA certification of pilots, instructors, and other airmen, including medical certification. It is intended that this proposed rule will provide for the recovery of ex penses that the FAA incurs in these activities. The proposed action would 'be in accordance with the sense of the Congress. B. Why sign ifican t This proposal is considered a significant proj ect because it involves an area of substantial public interest and controversy.
C. Regulatory analysis: Will not be required. D. Need: This proposal will provide for the recovery of expenses that the FAA incurs in these activities and is in accordance with the sense of Congress.
E. Legal basis: Secs; 313, 503, 505, 601, mid 602, Federal Aviation Act of 1958, as amended (49 UJS.C. 1354, 1401, 1403, 1421, and 1422); see. 6(c), Department of Transportation Act (49 UJS.C. 1655(c), Title V; Independent Offices Appropriation Act of 1952 (31 U.g.C. 483(a)).
F. Chronology: NPRM published on April 20 (43 FR 16924). Clos ing date for comments is July 19,1978. O. Citation: 14 CFR pts. 47,49, 61, 63, 65, 67,143, and 187. Occupational Safety and Health Reg- A. Description: The rule as proposed would require Inclusion in ulations.
air carrier manuals of standards, instructions, and information acceptable to the Administrator, which provides protection for occupational health and safety of the certificate holder’s em ployees in the performance of those duties necessary to provide adequately for safety in air commerce. B. Why sign ifican t The rule is considered significant because it concerns a matter on which there is substantial public interest or controversy and could have a significant impact on other ad ministrations, other parts of the Department (DOT) and other Federal Agencies (DOL).
C. Regulatory analysis: Will be required. D. Need: To develop regulations concerning employee health and safety.
E. Legal basis: Secs. 313(a), 601, 603, 604, and 605 of the Federal Aviation Act of 1958 (49 U.S.C. 1354(a), 1421, 1423, 1424, and 1425); sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)).
F. Chronology: The OSHA Act of 1970 was enacted by Congress to assure safe and healthful working conditions for working men and women. Sec. 4(b)(1) of the OSHA Act excludes em ployees working conditions which are covered by other Federal agencies under statutory authority. On July 7, 1975, the FAA issued “Occupational Safety and Health Standards for Aircraft Crewmembers,” Guidance Informatimi (40 FR 29114, July 10, 1975).
G. Citation: 14 CFR pts. 121,127, and 135. Wind Shear........................... . A. Description: Proposed revision to require all large passenger carrying aircraft be equipped with a device that will display wind shear information to the pilots.
B. Why sign ifican t The advance notice of proposed rulemaking is considered a significant project because it will generate sub stantial public interest and will be controversial. C. Regulatory analysis: Will be required. D. Need: As a result of several accidents involving wind shear the FAA' believes it is necessary to identify equipment that will enable pilots to identify low level wind shear conditions. E. Legal basis: Secs. 313(a), 601 and 604 of the Federal Aviation Act of 1958 (49 U.S.C. 1354(a), 1421, and 1424), and sea 6(c) of the Department of Transportation Act (49 U.S.C. 1655(c)). F. Chronology: In 1975, the FAA began a 2 year effort to develop a wind shear program. FAA began work to develop a wind shear warning and pilot aiding devices which has achieved encour aged results.
G. Citation: 14 CFR pt. 12L John M. Rodgers, 426-3420 Joe Sullivan, 202-756-8716 Joe Sullivan, 426-8716 FR October 1978.
NPRM January 1979.
ANPRM July 1979.
F ederal A v iatio n A dm inistr ation NONSIGNIFICANT REGULATIONS Third Attitude Gyro.
Export Airworthiness Approvals (docket No. 17147).
Review; Aircraft Engine Regulatory Notice (docket No. 16919). .
Proposed amendment to add flight instrument requirement for all multiengine turbojet-powered airplanes not already required to have a third gyroscopic attitude instrument independently powered in case of total aircraft electrical failure (14 CFR pts. 23, 25, 91, and 121).
Proposed amendment (1) to provide for the issuance of export certificates of airworthiness for unassembled normal category rotorcraft, and (2) to provide for the issuance of export airwor thiness approvals for aeronautical products that do not meet certain requirements if the importing country agrees to accept the products in such condition (14 CFR pt. 21). Proposed amendment to resolve a number of regulatory issues raised by engine manufacturers and to update those standards (14 CFR pts. 23. 25, 27, 29, and 33).
Joe Sullivan, 202-755-8716 .do.
.do.
NPRM January 1979.
FR December 1978.
NPRM June 1979.
FEDERAL REGISTER, VOL 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 161
NOTICES Federal Aviation Administration—Continued nonsignificant régulations—continued 42931 Title Summary Delegation of authority__........__......... Proposed amendment to delegate certain authority of the Admin istrator to officials within the FAA (14 CFR pt. 111. General Operating Plight Rules— Proposed rule to clarify prescribed conditions for approach and Landing Minimum.
landing under specified weather conditions (14 CFR pts. 91 mid 121).
Triennial Aircraft Registration Proposed rule to establish a requirement that holders of a certifl- ReportL cate of aircraft registration file a report with the FAA aircraft registry on the current eligibility of the aircraft for registra tion, whenever 3 years have elapsed since the registry has received information indicating registration eligibility (14 CFR pt. 47).
.
Controlled Visual Flight......™.............. Proposed revision to provide a means of improving ATC separa tion of VFR and IFR aircraft above 12,500 ft (14 CFR pt. 91). Airport Noise Regulatory (docket No. EPA proposed revision to require airport noise certification as a 16279).
condition for ADAP funding (14 CFR pt. 91). Review: Operations Review Notice Proposed revision to update and improve the rules applicable to No. 11.
mechanic certification, repair stations and aircraft equipment (14 CFR pts. 121,145, and 183).
Review: Operations Review Notice Proposed extensive revisions to update and improve regulations No. 12.
applicable to aircraft maintenance, preventive maintenance, re building, and alteration of aircraft (14 CFR pts. 43 and 91). Review: Operations Review Notice Proposed miscellaneous revisions and other editorial and clarify- No 14.
tag changes to parts (14 CFR pts. 43, 63, 65, 91, 105, 121, 123, 127,143,145, and 147).
Airworthiness Review Program: Proposed amendments would update and.improve the airframe Amendment No.
7;
Airframe and crashworthiness standards that apply to aircraft certifica- Amendments.
felon, and would make certain related changes in the operating rules (14 CFR pts. 23, 25, 27, 29, and 121). Transport Category Airplane Fatigue Proposed amendment revising the structural fatigue evaluation Regulatory Review Amendments requirements and incorporating related guidance, to take into (docket No. 16280).
account state-of-the-art development and service experience (14 CFRpt. 25).
Delayed T.nnrHng Flap Procedure for Proposed regualtion which would require landing flap setting for Turbojet-Powered Airplanes turbojet-powered airplanes be delayed until at or below 1,000 ft (docket No. 15020).
above airport elevation for purpose of noise abatement on ap- proach and landing (14 CFR pt. 91).
Review: Operations Review Amend- Miscellaneous amendments concerning aircraft maintenance, ment No. 4 (docket No. 16383).
airmen certification, general operating and flight rules, para chuting, certification, and operation of air carriers, air travel clubs, repair stations, and aviation maintenance technical schools, Final rule issued on May 19, 1978, effective June 26, 1978 (43 FR 27535 May 25, 1978) (14 CFR pts. 43, 61, 63, 65, 91, 105,121,123,127,135,137,145,147, and 149). Review: Operations Review Amend- Miscellaneous amendments to requirements pertaining to airmen ment No. 5 (docket No. 17034).
and crewmembers, training programs, flight operations, dis patching, and records and reports of air carrier and commercial operators of large aircraft. Final rule issued on May 18, 1978, effective June 26,1978 (14 CFR pt. 121). Review: Operations Review Amend- Proposed amendments to flight rule fuel requirements, VOR ment No. 6 (docket No. 17154).
equipment checks, safety belts and harnesses, and other clarify ing changes to 14 CFR pts: 23, 25, 27, 29, 91, and 121. Review: Operations Review Amend- Proposed amendment to update and improve airmen and crewment No. 8.
members rules, training programs, flight operations, dispatch ing, records and reports of air carriers and commercial opera tors and scheduled air carriers with helicopters. NPRM issued with comment period closing on Aug. 11, 1978 (14 CFR pts. 121 and 127).
Review: Operations Review Notice Proposed revision to update and improve equipment, mainte- No. 9.
nance, and operating rules of aircraft, airmen certification, cer tificated operators and agencies, flight attendants, and training requirements (14 CFR pts. 63, 65, and 121) NPRM published Aug. 17, 1978 (43 FR 36464).
Review: Operations Review Notice Proposes revision to update and improve the equipment and oper- No. 10.
ating rules of aircraft operated by scheduled air carriers of large aircraft and agricultural aircraft operators (14 CFR pts. 25,123,127, and 137).
Contact Decision date Howard A. Bartnick, 202-426-3493 Joe Sullivan, 202-755-8716 Virginia Swimmer, 405-686-2284 Maurice Taylor, 202-426-3Ì28 Jim Densmore, 202-755-9468 Joe Sullivan, 202-755-8716 ....do..-.......... ..... .
.do.
.do.
.do.
.do.
.do™ FR August 1979.
NPRM September 1978.
NPRM August 1978.
ANPRM April 1979.
FR April 1979.
NPRM October 1978.
NPRM November 1978.
NPRM February 1979.
FR September 1978.
FR April 1979.
FR February 1979.
Action complete.
.do.
Do.
.do..................... ........ FR September 1978. .do.................. .........
FR February 1979.
.do.............................. FR June 1979. .do.
NPRM August 1978.
Agricultural Aircraft Night Oper- Rule to permit special VFR night operations by agricultural airations (docket No. 14621).
craft operators without complying with certain instrument flight requirements since agricultural aircraft are not usually IFR equipped and have need to conduct operations under spe cial VFR conditions. Final rule issued on June, 21, 1978, effec tive July 28,1978 (14 CFR pt. 137).
Airborne Vibration Monitors (docket Proposed rule to require an indicator system for detecting rotor No. 13989).
imbalance for each engine in specified wide-bodied airplanes (14 CFR pt. 121).
Special Aircraft Certificates (docket Proposed rule to limit the issuance of “experimental” certificates No. 13954).
under 14 CFR pt. 21 to aircraft engaged in genuine experimen tal operations except for certain amateur-built aircraft (14 CFR pts. 21, 43, 45, 65, and 91).
Review: Operations Review Program The agency’s proposed action on certain proposals presented (docket No. 16220).
during the 1975-76 operations review program. Review: Part 91 Notice (docket No. The agency conducted a Regulatory Review Conference of 14 16431).
CFR pt. 91, subpt. B, in Sept. 1977, in order to update that part. This action will cover all proposals covered by the review except for lost communications (14 CFR pt. 77). Review: Part 91 Review Lost Commu- The FAA conducted a Regulatory Review Conference of 14 CFR nications (docket No. 16431).
pt. 91, subpt. B, in Sept. 1977, in order to update that part. This action will cover the special proposal on lost communications. .do.
.do.
Withdrawal August 1978.
.do..............................
Do.
Maurice Taylor, FR August 1978.
202-426-3128 ,...do.......... ................... FR February 1978. .do.
FR February 1979.
FEDERAL REGISTER, VOL. 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 162
42932 NOTICES F ederal Aviation Administration—Continued nonsignificant regulations—continued Title Summary Pearson Airpark ...................................... Proposal to exclude persons from the requirement of communi cating with .Portland Tower while operating in the Pearson Air park traffic pattern (14 CFR pt. 93).
Review: Objects Affecting Navigable Proposal to amend regulations including areas such as notice re- Airspace (docket No. 16920).
quirements, obstruction standards, aeronautical studies, deter minations, antenna farm areas, and discretionary review/petition procedures (14 CFR pt. 77).
Reimbursement of Security Screen- Proposes a procedure for compensating air carriers for certain Be ing Costs (docket No. 17326).
curity screening costs in foreign air transportation (14 CFR pt. 121).
Security Screening to Charter Flights Extends security screening to charter passenger flights conducted (docket No. 17676).
by certain certificate holders. Final rule issued on June 6, 1978, effective on July 25,1978 (14 CFR pts. 121 and 129). Special Aircraft Registration Num- Proposed revison to delete all references to and provisions for bers (docket No. 17331).
special aircraft registration numbers thereby eliminating regis tration number changes on aircraft (14 CFR pt. 45). Registration of Aircraft by Resident Proposed revision to comply with see. 14 of Pub. L. 95-163 en- Aliens.
acted by Congress effective Nov. 9,1977, amended Mar. 8,1978, which provides for U.S. registration of aircraft by resident aliens and by corporations which do not qualify for registration as citizens (14 CFR pt. 47).
Civil Helicopter Noise Certification This project would establish noise certification levels and proce- (docket No. 17556).
dures for civil helicopters (14 CFR pt. 36). Designated Manufacturing Inspection Proposed rule to permit designated manufacturing inspection Representatives (docket No. 16622).
representatives (DMIR’s) to conduct evaluation inspections and to perform all of their authorized functions outside the manfacturing plant at which they are employed (14 CFR pt. 183). Identification (ID ) Plates (docket No. Proposed rule to prohibit the removal, change, or placement of 15977).
information on identification plates required by the regulation and the removal and installation of ID plates on aircraft, air craft engines, propellers, and propeller blades and hubs, with out the approval of the Administrator (14 CFR pt. 45). Implementation of OMB Circular A- Final procedures and regulations (pt. 152) implementing OMB 95 (docket No. 17337).
Circular A-95 (coordination of Federal assistance programs with State, areawide, and local planning agencies), based on public comment on interim procedures in Special Federal Avi ation Regulation 35 (14 CFR pt. 152).
Implementation of Energy Policy Implementation of the Energy Policy and Conservation Act (14 (docket No. 16617).
CFR pt. 11).
Review: Update of Part 139................... Revision of 14 CFR pt. 139 to update and clarify the part and to update firefighting agent substitution rates and reduce the exonomic burden of firefighting requirement (14 CFR pt. 139). Experimental Certificates..................... Proposed revision to 14 CFR pt. 21 to allow special airworthiness certificates for air racing, exhibition and amateur built aircraft to be issued for periods in excess of 1 year (14 CFR pt. 21). Foreign Airman Certificate............... Proposed revisions to provide for the issuance of special purpose airman certificates to foreign pilots and other flight crew mem bers to permit those persons to operate U.S. registered civil air craft leased by foreign operators for carriage of persons and property for compensation or hire (14 CFR pts. 61 and 63). Publication of Petitions for Rulemak- Proposed rule to establish procedures for the publication in the ing and Exemptions.
F ederal R egister of the summaries of certain petitions for ru lemaking and exemptions. This proposal also provides for publi cation of summaries of denials of petitions for rulemaking and summaries of grants and denials of petitions for exemptions. NPRM published July 24,1978 (43 FR 31936) (14 CFR pt. 11). Protective Breathing Equipment......... Proposed rule to establish minimum performance standards and operating rules for protective breathing equipment (14 CFR pts. 25, 29, 37, 91, and 121).
Supplemental Oxygen............................ Proposed rule to permit certain wide-body turbojet airplanes to . operate to flight level of 45,000 ft above sea level without re quirements for the pilot to use supplemental oxygen (14 CFR pts. 25, 29, 37, 91, and 121).
Type Certification Standards--------- - Proposed revision of Special Federal Aviation Regulation 13 as . applicable to DC-3 airplanes to provide a basis for approval of the installation of 3 turbo-propeller engines in place of 2 recip rocating engines (14 CFR pt. 25; SFAR 13). Status of FAA Pilots on Test Flights Proposed clarification of the status of both applicants and FAA . (docket No. 14611).
pilots during flight tests required for certification of aircraft (14 CFR pt, 21).
Leakage of Fluids (docket No. 15534).. Proposed standards for certification, maintenance, and equip- . ment to prevent inflight overboard leakage of fluids subject to freezing (14 CFR pts. 25, 91, and 121).
Cargo Pallets, Nets, and Containers Proposed updated standards for cargo pallets, nets, and contain- (docket No. 16140).
ers in accordance with the changes in technology and specifica tions which have taken place since 1970, when the current standards were developed (14 CFR pt. 37). Determination of Aircraft Approach Proposed regulation to eliminate use of maximum certificated , Categories (docket No. 17538).
landing weight as a criterion for grouping aircraft in approach categories in order to facilitate aircraft categorization and sim plify determination of landing minimum« (14 CFR pt. 97). Contact Charles Stratton, 202-426-3128 O. E. Falsetti, 202-426-8777 R. P. Jones, 202-426-8409 ...do.................
Elizabeth Bowman, 405-686-2284 Fiorine O. Crockett, 405-686-2284 James Densmore, 202-755-9468 Joe Sullivan, 202-755-8716 .do.
Edward F. Rancourt, 202-426-8090 Cynthia Zook, 202-426-3420 Harry Hink, 202-426-3087 Joe Sullivan, 202-755-8716 ...do..............
Edward P. Faberman, 202-426-3073 Joe Sullivan, 202-755-8716 ....do.................
.do.
.do.
.do.
.do.
.do.
Decision date NPRM August 1978.
NPRM April 1979.
FR September 1978.
Action complete.
Fit, December 1978.
NPRM November 1978.
FR April 1979.
FR May 1979.
Do.
FR Feburary 1979.
FR September 1978.
NPRM October 1978.
NPRM November 1978.
NPRM October 1978.
FR December 1978.
NPRM March 1979.
NPRM February 1979.
FR July 1979.
Withdrawal August 1978.
Do.
FR December 1978.
FR April 1979.
FEDERAL REGISTER, VOL. 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 163
NOTICES 42933 Federal A viatio n A dm inistration—Continued ROUTINE AND FREQUENT NONSIGNIFICANT REGULATIONS Other items:
pt. 95 Instrument Flight Rules Alti tudes.
Approximate number:
2,500...... ............................................................................. Joe Sullivan, 755-8tl6 July 1, 1978 to June 30, 1979.
Do.
Alrwui Lhiness Directives ........ .
Standard Instrument Approach Procedures.
Do.
William Broadwater, Do.
426-3731 Federal H ig h w a y A dm inistration SIGNIFICANT REGULATIONS Title Summary Contact Decision date Review: Outdoor Advertising Control and Acquisition (FHPM 7-6-2).
A. Description: This regulation would provide definition of “ef fective control” of outdoor advertising per 23 U.S.C. 131. It would also set forth requirements for signs exempt from con- Richard Moeller, 202-245-0021.
NPRM August 1978, FR November 1978.
Traffic Safety in Highway and Street Work Zones (docket No. 76 14; Pro posed (FHPM 6-4-2-12).
Review:
Air Quality Guidelines (FHPM 7-7-9-1).
Employee Safety and Health Stand ards (docket No. MC-64).
trol under the statute and establish the basic framework for State development of police power regulations and procedures. The regulation would also outline the requirements for Federal participation in the acquisition of compensable nonconforming outdoor advertising devices.
B . Why significant• This proposal may involve substantial public interest, is controversial and involves important Departmental policy.
C. Regulatory analysis: Will not be required. D. Need: This regulation is' necessary for the maintenance of na tional uniformity in the outdoor advertising control program. Since 23 U.S.C. 131 is regulatory in nature, it is necessary to es tablish and maintain minimum Federal program requirements. E. L e g a l basis: 23 D.S.C. 131, 148, and 315; 49 CFR 1.48. F. Chronology: The proposal involves the consolidation of two ex isting regulations, 23 CFR pt. 750, subpts. D and G, and one in terim regulation, 23 CFR pt.750, subpt E. The regulations have been in effect since Sept. 16,1975 and July 29, 1974, respective ly. The interim regulations have been in effect since Oct. 18, 1976. The proposed consolidation will be issued as NPRM. G. Citation: 23 CFR pt. 750, subpt. C. A. Description: This regulation would provide guidance and es- Mr. J. Daves, FR August 1978.
tablish procedures to assure that adequate consideration is 202-426-4847.
given to motorists, pedestrians, and construction workers on all Federal-aid construction projects.
B . Why significant: This regulation concerns a matter on which there is substantial public interest and could have a consider able cost impact.
C. Regulatory analysis: Will not be required. D. Need: This regulation will be needed to help achieve safety in highway and street work zones.
E. Legal basis: 23 U.S.C. 109(b), 109(d), 315, and 402(a); 23 CFR 1.48(b).
F. Chronology; An ANPRM was published on Sept. 23,1976, and a • NPRM was published on Aug. 25,1977.
G. Citation: 23 CFR pt. 630, subpt. J. A. Description: This regulation would establish administrative Harter M. Rupert, NPRM August 1978.
procedures on: (1) funding sanctions, (2) conformity of highway 202-426-4836.
plans, programs, and projects with air quality Implementation plans, and (3) priority to highway improvements with air qual ity benefits during an interim period. This regulation will be in addition to existing FHPM 7-7-9, Air Quality Guidelines. B . Why significant: This regulation is considered major because it „ affects another Federal agency and may be controversial. C. Regulatory analysis: Will be required. D. Need: Currently, administrative procedures on funding sanc tions, priority of highway improvements with air quality bene fits, and conformity of highway plans, programs, and projects with air quality implementation plans are lacking. These are a result of the Clean Air Act Amendments of 1977 which became law in August 1977.
E. Legal basis: Clean Air Act Amendments of 1977 (42 UJS.C. 7401).
F. Chronology: Preliminary work on developing draft regulations is underway. NPRM planned for August 1978. G. Citation: 23 CFR pt. 770.
• A. Description: This regulation would provide safety and health Gerald J. Davis, FR March 1979.
standards to govern employes engaged in the operation, mainte- 202-426-9767.
nance, and loading and unloading of motor vehicles, designed to eliminate uncertainty with regard to the jurisdictional authori ty of OSHA.
B . Why significant: This proposal may have a significant impact on the Department of Labor’s Occupational Safety and Health Administration (OSHA).
C. Regulatory analysis: Will not be required. FEDERAL REGISTER, VOL. 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 164
42934 NOTICES Federal Highway Administration—Contiqued nonsignificant regulations—continued Title Summary Contact Decision date D. Weed: These standards are designed to eliminate uncertainty with regard to the jurisdictional authority of the Occupational Safety and Health Administration and to improve safety and health standards for employees of motor carriers. E. Legal basis: 49 U.S.C. 304 and 1655. F. Chronology: A notice of proposed rulemaking was Issued Mar. 2, 1978, and the closing date for the comment period was May 31, 1978. NPRM was published in F ederal R egister (43 FR 25156) June 9, 1978, extending the comment period to June 30, 1978.
G. Citation: 49 CFR pt. 399.
Minimum Cab Space Dimensions A. Description: This regulation would specify minimum size for (docket No. MC-79).
the cab portion of the-regulated commercial vehiclës manufac tured after a certain date.
B. Why significant" This proposal has the potential of being costly if extensive changes to cab configuration become neces sary C. Regulatory analysis: Will be required. D. Need: Changes in truck technology and maximum limitation on size by States have led to the development of reduced cab space in favor of increased cargo space to remain within State length limitations. The impact on safe operations and driver workplace may be negatively affected.
E. L e g a l basis: 49 TJ.S.C. 304 and 1655. F. Chronology: The advance notice of rulemaking was issued on Feb. 14,1978. Comment period closed on July 14,1978. G. Citation: 49 CFR 393.
Review: State Highway Agency Equal A. Description: This regulation would set forth Federal Highway Employment Opportunity Pro- Administration (FHWA) Federal-aid policy and FHWA and grams (FHPM 2-2-2).
State responsibilities relative to a State highway agency’s inter nal equal employment opportunity program and for assuring compliance with the equal employment opportunity require ments of federally assisted highway construction contracts. B. Why sign ifican t There is substantial public interest relative to this FHPM.
C. Regulatory analysis: Will not be required. D. N eed : To set forth responsibilities for State highway agencies’ equal employment opportunity programs and to insure compli ance with the equal opportunity requirements of federally as sisted highway construction contracts. E. Legal basis: 23 U.S.C. 140(a); Executive Order 11246 as amend ed.
F. Chronology: The FHWM is awaiting decisions by the Equal Employment Opportunity Commission relative to the future di rection of State EEO programs.
G. Citation: 23 CFR pt. 230, subpt. C. Review: Construction Contract Equal A. Description: This regulation would prescribe policies and pro- Opportunity Compliance Procecedures to standardize the implementation of the equal oppordures (FHPM 2-2-3).
tunity contract compliance program, including compliance re views, consolidated compliance reviews, and the administration of areawide plan;.
B. Why sign ifican t There is substantial public interest relative to this FHPM.
C. Regulatory analysis: Will not be required. D. Need: To standardize the implementation of the equal oppor tunity contract compliance program.
E. Legal basis: Executive Order 11246 as amended, 23 U.S.C. 112(b) and 140(a).
F. Chronology: The FHWA is awaiting decisions by the Depart ment of Labor relative to the future direction of the contract compliance program.
G. Citation: 23 CFR pt. 320, subpt. D. Geometric Design Criteria for Resur- A. Description: This regulation would contain criteria intended to facing, Restoration, and Réhabilitaprovide additional flexibility in some of the basic geometric feation (R -R-R) of Streets and Hightures of design, primarily those in which modification would ways Other than Freeways (docket result in appreciable savings in costs and other impacts while No.77-4).
improving safety.
B. Why sign ifican t This regulation is considered significant be cause the adoption of new design criteria specifically for R-R-R projects has proven to be controversial. C. Regulatory analysis: Will not be required. D. Need: To implement the 1976 amendment'to 23 U.S.C. 101 re defining "construction” to include resurfacing, restoration, and rehabilitation. Optimum geometric design standards are needed to effectively administer a R-R-R program for preservation work on the Federal-aid highway systems. E. Legal basis: 23 U.S.C. 109, 315, and 402; 49 CFR 1.48(b). F. Chronology: FHWA docket No. 77-4, published in the F ederal R egister of Aug. 25, 1977, offered three alternatives. Because of the adverse comments all alternatives were rejected and FHWA decided to develop a new set of criteria for resurfacing, restoration, and rehabilitation (R-R-R) projects. G. Citation: 23 CFR pt. 625.
Certification of Motor Vehicle Size A. Description: This is a proposed revision of existing regulations and Weight Enforcement (docket dealing with annual certifications by the States that all size No. 77-21; FHPM 6-8-6).
and weight laws are being enforced. Anticipated is a require ment for an annual enforcement program against which the States’ efforts could be measured at the end of the year. D. W. Morrison, 202-426-1700.
Ted B. Sennett, 202-426-0693.
Ted B. Sennett, 202-426-0693.
Alvin R. Cowan, Seppo Sillan, 202-426-0312.
David W. Baldwin, 202-426-1993.
NPRM March 1979.
NPRM December 1978.
NPRM December 1978.
NPRM August 1978.
NPRM November 1973.
FEDERAL REGISTER, VOL. 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 165
NOTICES 42935 F ederal H ig h w a y A dm inistr ation—Continued significant regulations—continued Title Summary Contact Decision date B. Why significant■ The regulation is significant because failure on the part of the State is cause for the withholding of Federalaid highway projects approvaL C. Regulatory analysis: Will be required. D. Need: This regulation is needed to implement 23 U.S.C. 141, enforcement of requirements.
E. Legal basis: 23 U.S.C. 141.
F. Chronology: ANFRM was issued in January 1978, with com ments due Apr. 15,1978. Thirty comments were received. G. Cifatiorc^ }C F R pt. 658.9.
Withdrawal of Interstate Segments A. Description-^:he regulations would implement secs. 103(e)(2) and Substitution of Alternative and 103(e)(4) of title 23, U.S.C. 103(e)(2) provides for the with- Projects (docket No. 77-9).
drawal of nonessential interstate routes and the substitution of altemtive interstate routes. Sec. 103(e)(4) provides for the with drawal of nonessential interstate routes and the substitution of other transportation projects, both highway and nonhighway. B. Why sign ifican t There is substantial public interest and con troversy concerning this proposal.
C. Regulatory analysis: Will be required. D. Need: This regulation is needed to implement the provisions of 23 U.S.C. 103 enacted in the 1976 Federal-Aid Highway Act. E. Legal basis: 23 U.S.C. 103(e)(2) and 103(e)(4). F. Chronology: The current substitution regulations were issued on June 12, 1974. The Federal-Aid Highway Act Amendments of 1974 and the Federal-Aid Highway Act of 1976 amended the original statutory provisions enacted by the Federal-Aid High- '<“ way Act of 1973.
G. Citation: 23 CFR pt. 476, subpt. D, and pt. 450. Payback tor Interstate System With- A. Description: The regulations would prescribe the disposition drawals and Modifications.
and use of property acquired with Federal-aid funds for high way projects which are later modified, withdrawn, or terminat ed. They would also prescribe the requirements for repayament (payback) of Federal-aid funds expended on such projects. B. Why significant■ There is substantial public interest and con troversy concerning the withdrawal under 23 U.S.C. 103(e)(4) of routes designated after Aug. 13, 1973, and the question of pay back.
C. Regulatory analysis: Will be required. D. Need: This regulation is needed to implement the provisions of 23 U.S.C. 103 enacted in the 1976 Federal-aid Highway Act, and f the provisions of OMB Circular 102.
E. Legal basis: 23 U.S.C. 103(e).
F. Chronology: Proposed regulations on payback were issued on Nov. 17, 1975 (40 FR 53252). Sec. 110(b) of the Federal-Aid Highway Act of 1976 required substantial changes in the pro posed regulations. The proposed regulations were withdrawn by an ANPRM on Sept, 27, 1976 (41 FR 42221). New proposed reg ulations were published on Aug. 7,1978 (43 FR 35008). G. Citation: 23 CFR pt. 476.
Hours of Service of Drivers (docket A. Description: The Federal Highway Administration (FHWA) is No. MC-70-1).
proposing a revision of the regulations pertaining to hours of service limitations for commercial vehicle drivers engaged in in terstate or foreign commerce.
B. Why sign ifican t This proposal may be controversial and could have a major cost impact on the motor carrier industry. C. Regulatory analysis: Will be required. D. Need: This action is being taken in response to numerous peti tions and requests from public interest groups, labor organiza tions, and individual drivers for the revision of these regula tions.
E. Legal basis: 49 U.S.C. 304 and 1655. #. chronology: An advance notice of proposed rulemaking which stated that FHWA was considering an extensive review of the horns of service of drivers regulation was published on Feb. 12, 1976 (docket MC-70, notice 76-14, 49 FR 6275). A second ANPRM was issued on May 22, 1978, setting forth three, plans for comments.
G. Citation: 49 CFR pt. 395.
Commercial Motor Vehicle Inspection A. Description: FHWA is considering amending the regulation on Repair and maintenance (docket commercial motor vehicle inspections, repair and maintenance No. MC-48).
to reduce vehicle defect related accidents caused by inadequate inspection and maintenance procedures. B. Why sign ifican t This proposal may be controversial. • C. Regulatory analysis: Will not be required. The regulation has been revised to reduce its cost impact. D. Need: Roadside inspections of vehicles in operation in inter state commerce, supported by safety survey inspections at carri er facilities indicate that carrier maintenance practices are less than satisfactory. This proposal is intended to provide guidance for systematic vehicle inspection and maintenance by carriers and drivers in order to assure vehicle condition is satisfactory for safe operations.
E. Legal basis: 49 U.S.C. 304 and 1655. - F. Chronology: This proposed amendment was issued as an NPRM on Apr. 5, 1977. Based upon the review of public com ments and data submitted, as a result of the NPRM, the FR will be modified to eliminate the potential of a major cost impact on the motor carrier industry.
L. A. Staron, 202-426-0404, F. Calhoun, 202-426-0762.
L. A. Staron, 202-426-0404, F. Calhoun, 202-426-0762.
Gerald J. Davis, 202-426-9767.
Donnell W. Morrison, 202-426-1700.
NPRM August 1978, FR December 1978.
FR November 1978.
NPRM January 1980.
FR August 1978.
FEDERAL REGISTER, VOL. 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 166
42936 NOTICES F ederal H ig h w a y A dm inistration—Continued significant regulations—continued Title Summary Contact Decision date G. Citation: 49 CFR pt. 396.
State or Local Land Use Actions At- A. Description: The FHWA is considering the promulgation of fecting Outdoor Advertising (docket regulations regarding the review of State or local land use ac- No. 77-20).
tions that result in the removal of outdoor advertising signs ' without compensation or that permit the erection, of off-prem ise signs prohibited by 23 U.S.C. 131 B. Why sign ifican t This proposal may involve substantial public interest, is controversial, and involves important departmental policy.
C. Regulatory analysis: Will not be required. D. Need: The ANPRM is necessary in order to solicit comments for determining the best method of examining State or local land use control or zoning actions for compatability with 23 U.S.C. 131.
E. Legal basis: 23 U.S.C. 131 and 315; 49 CFR 1.48. F. Chronology: An FHWA legal opinion on this issue was released by the Federal Highway Administrator on Dec. 8, 1976. The ANPRM requests comments on alternate methods of imple menting the December 8 opinion.
v - G. Citation: 23 CFR pt. 750.708.
Review: Environmental Impact and A. Description: This regulation would implement the National Related Statements (FHPM 7-7-2).
Environmental Policy Act and sec. 138 of the Federal-Aid High way Act. It would specify the procedures to be used by FHWA in the preparation and processing of environmental impact and sec. 4(f) statements.
. .
B. Why sign ifican t These regulations will involve substantial public interest and controversy and will implement important Departmental policy.
- .
C. Regulatory analysis: Will not be required. D. Need: Executive Order 11991 authorizes the Council on Envi ronmental Quality (CEQ) to issue regulations to implement the National Environmental Policy Act. These CEQ regulations are expected to be in final form in the near future and they are ex pected to require substantive revisions to FHPM 7-7-2. E. Legal basis: Revisions to FHPM 7-7-2 are required because of regulations which will be promulgated by CEQ. F. Chronology: The CEQ regulations were published for public comment in the F ederal R egister on June 9, 1978. It is antici- ' pated that the final regulations will be published in early fall of 1978 and that FHPM 7-7-2 revisions will be ready for publi cation in the spring of 1979.
G. Citation: 23 CFR pt. 771.
Review; Urban Transportation Plan- A. Descriptions: Revisions to these regulations may include: (1) ning Process (FHPM 4-4-2), and Periodic rather than annual certification. (2) Elimination of Review; Transportation Improvenarrative discussion on merging long-range and transportation ment Program (FHPM 4-4-6).
systems management (TSM) plan elements and inclusion of nonfederally funded projects in the transportation improve ment program (H P ). (3) Added flexibility in initiating and se lecting highway project. (4) Implementation of the planning as pects of (he 1977 Clean Air Act Amendments. B. Why sign ifican t These are significant regulations since they significantly impact the Urban Mass Transportation Adminis tration (UMTA) and can substantially streamline transporta tion planning.
C. Regulatory analysis: Will not be required. D. Need: Continuing review has identified areas where added flexibility will not impair effectiveness. Air quality planning must be included in accordance with the DOT-EPA memoran dum of understanding.
E. Legal basis: 23 U.S.C. 104(f)(3), 134, and 315. F. Chronology: The recommendations of the FHWA regulations reduction task force were adopted in October 1977. Following agreement with UMTA and EPA, insofar as air quality is con cerned, proposed regulatory changes will be prepared. G. Citation: 23 CFR pt. 450, subpts. A and C. Equal Employment Opportunity on A. Description: This regulation would simplify procedures relat- Federal-aid Highway Construction ing to equal employment opportunity on Federal-aid highway Contracts (FHPM 6-4-1-2).
construction contracts.
B. Why sign ifican t This regulation concerns a matter on which there is substantial public interest. C. Regulatory analysis: Will not be required. D. Need: This regulation is needed to achieve administrative ef fectiveness and efficiency.
E. Legal basis: 23 U.S.C. 140 and 315. F. Chronology: An NPRM will be published in October 1978. G. Citation: 23 CFR pt. 230, subpt. A. Rural and Small Urban Public Trans- A. Description: Proposed regulation would implement proposed portation.
new transportation legislation providing for a continuing pro gram of rural and small urban public transportation including operating subsidies.
B. Why sign ifican t The proposed new program involves FHWA and UMTA and impacts State and local transportation pro grams.
;
C. Regulatory analysis: Will not be required. D. Need: The proposed regulation would implement legislation by providing for administration of the rural and small urban public transportation assistance program. Richard Moeller, ANPRM September 1978, 202-245-0021.
Rex I. Wells, NPRM March 1979.
202-426-0106.
V. Paparella, NPRM November 1978.
202-426-2961.
K. L. Ziems, NPRM October 1978.
202-426-4847.
FHWA Donald Morin, NPRM November 1978.
202-426-0210 UMTA Lillian Liburdi, 202-426-4050.
FEDERAL REGISTER, VOL 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 167
NOTICES 42937 Federal Highwat A dministration—Continued significant regulations—continued Title Summary Contact Decision date E. Legal basis: Proposed legislation.
F. Chronology: A DOT rural and small urban working group is now summarizing the policy issues for the proposed program. Field trips are now in progress for Federal officials to visit States and rural and small urban projects. The NPRM is to be published in November 1978.
O. C itation: No CFR citation as yet.
Effects of Delayed or Halted Projects A. Description: Would seek to alleviate adverse conditions created by halted or delayed highway projects for certain affected per sons.
B. Why sign ifican t There is substantial public interest in the conditions created by these delays and halts. C. Regulatory analysis: Will not be required. D. Need: Many property owners whose property will be acquired are being subjected to serious adverse living and working condi tions due to the delays and halts.
E. Legal basis: 23 U.S.C. 315, 49 CFR 1.48(b), 23 CFR 1.32. F. Chronology: The notice is expected to be issued in the Federal R egister dining September 1978, with a closing date for com ments in November 1978.
G. Citation: 49 CFR 1.48(b), 23 CFR 1.32. Robert G. King, 202-426-0116, Stanley Abramson, 202-246-0791.
ANPRM September 1978.
NONSIGNIFICANT REGULATIONS Review: New Research and Develop- This regulation would cover the starting of new R. & D. studies ment (R. & D.) Studies and Work funded with Federal-aid highway funds and for programing R. Programs (FHPM 5-4-1).
& D. work (23 CFR pts. 530 and 540).
Review: R. & D. Management—Gen- This regulation would have covered the management of R. & D. eral (FHPM 5-2-1). .
studies using Federal-aid highway funds. Will be withdrawn in November 1979 because content covered by legislation and other regulations (23 CFR pt. 520).
Review: R. & D. Reports and Imple- This regulation would cover documentation of the results of R. & mentation Activities (FHPM 5-4-3).
D. studies funded with Federal-aid highway funds without State matching to finance pooled fund studies (23 CFR pt. 544). Review: Federal-Aid Funds Without This regulation would cover the use of Federal-aid highway funds State Matching (FHPM 5-6-1).
without State matching to finance pooled fund studies (23 CFR pt. 560).
Review: R. & D. Management Option This Regulation would provide an alternate procedure for State (FHPM 5-2-4).
highway agencies which meet specified management standards (23 CFR pt. 524).
Review: Administration of Negotiated The existing 3 regulations (23 CFR pts. 62,420, and 170) would be Contracts (proposed FHPM 1-7-2).
combined to coordinate and minimize requirements and to bring FHWA contracting procedures in conformance with Office of Management (OMB) circular A-102, specifically at tachment “O” which deals with procurement standards for use by grantees (23 CFR pt. 170).
Review: Program Approval and Au- This regulation would reflect recent policy changes in managethorization (FHPM 4-1-2-1).
ment of the highway planning and research program, e.g., al lowing separate projects for metropolitan planning organiza tions, applying matching ratio to time periods rather than a fiscal year fund, etc. (23 CFR pt. 420). Review: Public Road Mileage for Ap- The revised regulation would expand the existing one, which inportionment of Highway Safety eludes only highway safety funds, to include the other listed Funds, Off-System Roads Funds, programs in the revised title (23 CFR pt. 460). High Hazard Location Project Funds, and Roadside Obstacle Elimination Funds (FHPM 4-5-3).
Review: Incentive Grants—Statistics The proposed regulation would document the procedures to be for Highway Planning (FHPM 4-5used in connection with 23 U.S.C. 402(j) for highway safety in- 2).
centive grants which are based on Improved highway fatality rates (fatalities/100 million vehicle miles of travel) (23 CFR pt. 1214).
Review: Joint Development of High- This regulation would state FHWA policy to encourage State/ way and Multiple Use of Roadway local action to plan highway corridors cooperatively; describe Properties (FHPM 7-7-8), joint development feasibility studies and reports which are stages in joint development planning; describe what features, facilities, etc., can receive Federal funding participation; and describe use restrictions and maintenance responsibilities of multiple use sponsors (23 CFR 1.32).
Review: Historic and Archeological This regulation would replace obsolete policy and procedures Preservation (FHPM 7-7-4).
memorandum (PPM ) 20-7 and incorporate all FHWA regula tions in the historic and archeological preservation subject area into one directive. It would present a simple process to accom plish all legal and regulatory obligations, but tailor the proce dures to insure compatibility with the highway development process (23 CFR pt. 765). • Review: Procedures for Abatement of This revision would make several minor technical changes to the Highway Traffic Noise and Conexisting regulation. It would also establish new FHWA policy struction Noise (FHPM 7-7-3).
on approval of noise prediction methods (23 CFR pt. 772). Review: Procedures for Abatement of This revision would make substantial reductions in the detailed Highway Traffic Noise and Conprocedures and interpretive information in the existing regulastruction Noise (FHPM 7-7-3) tion. This is being done pursuant to the FHWA regulation re dong-term revisions).
duction task force recommendations (23 CFR pt. 772) Harry H. Hersey, FR November 1978.
202-426-0241 ......do........................... Withdrawal November * 1978.
..do .................................. FR January 1979. ___do__________________ Do.
.
.
.
.
.
.
d o D o .
W. Bullard, NPRM August 1978, FR 202-426-0175 October 1978.
.
.
.
.
.
.
d o D o .
D. W. Briggs, NPRM September 1978, FR 202-426-0199 December 1978.
F. E. Jarema, Do.
202-426-0160 K. C. Anderson, NPRM December 1978.
202-426-9173 A. M. Love m .
Do.
202-426-9173 H. M. Rupert, FR August 1978.
202-426-4836 .... do________________..... NPRM August 1978. FEDERAL REGISTER, VOL 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 168
42938 NOTICES F ederal H ig h w a y A dmin istratio n—Continued nonsignificant regulations—continued Title Summary Contact Decision date Review: Environmental Impact and The revisions will: (a) Allow a nonmajor action classification for Related Statements (FHPM 7-7-2) FHWA projects which have a minimal effect on properties pro- ( interim revisions).
tec ted under sec. 4(f) of the DOT Act or sec. 106 of the Nation* al Historic Preservation Act; provided that the nonmajor classi fication is appropriate under other existing criteria, and (b) allow Federal Highway Administrator to delegate to the region al administrators for all projects other than those processed with nondelegated environmental impact statements. Final rule published in F ederal R egister on May 16, 1978; effective May 19, 1978 (23 CFR pt. 771).
Review: General Policy and Defini- This regulation prescribes the general policy of FHWA regarding tions (FHPM 7-1-1).
the acquisitions of real property for highway and related pur poses and defines certain terms used in FHWA right-of-way ac quisition regulations (23 CFR pt. 710). Review: State Highway Department This regulation would prescribe the general responsibilities of Responsibilities (FHPM 7-1-2).
State highway departments in the acquisition of rights-of-way for the Federal-aid highway systems (23 CFR pt. 710). Review: Reimbursement Provisions This regulation would set forth provisions governing reimburse- (FHPM 7-1-3).
ment to a State highway department for right-of-way costs in curred in connection with a Federal or Federal-aid highway, project (23 CFR pt. 710).
Review: Civil Rights (FHPM 7-1-4)..... This regulation prescribes the general policy of the FHWA in the area of civil rights relative to the right-of-way acquisition func tion (23 CFR pt. 710).
Review: H ie Acquisition Function— This regulation would prescribe FHWA policy regarding the ac- Policy (FHPM 7-2-1).
quisition function (23 CFR pt. 712).
Review: The Acquisition Function— This regulation would prescribe FHWA project provisions and General Provisions and Project Proprocedures regarding the acquisition of real property for highcedures (FHPM 7-2-2).
way and highway related projects (23 CFR pt. 712). Review: The Acquisition Function— This regulation would prescribe FHWA policies on functional re- General Provisions and Project Proplacement of real property in public ownership (23 CFR pt. cedures Functional Replacement of 712).
Real Property in Public Ownership (FHPM 7-2-2-1).
Review: The Acquisition Function— This regulation would prescribe FHWA procedures regarding the Negotiations (FHPM 7-2-3).
acquisition of real property by negotiations (23 CFR pt. 712). Review: The Acquisition Function— This regulation would prescribe FHWA policies regarding the set- Administrative Settlements, Legal tlement of acquisitions through administrative means and legal Settlements, and Court Awards processes. This regulation will be combined with the regulation (FHPM 7-2-4).
on reimbursement provisions (FHPM 7-1-3) (23 CFR pt. 712). Review:
Appraisal and Appraisal This regulation would establish FHWA requirements for the Review Policy (FHPM 7-3-1).
preparation and review of appraisal reports for the acquisition of lands necessary for Federal-aid highway projects (23 CFR pt. 720).
Review:
Property Management This regulation would prescribe FHWA policies and procedures (FHPM 7-4-1).
for the management of real property acquired in connection with Federal-aid highway projects (23 CFR pt. 713). Review: Disposal of Rights-of-Way This regulation would prescribe FHWA policies and procedures (FHPM 7-4-2).
for disposal of portions of highway rights-of-way no longer needed for highway purposes (23 CFR pt. 713). Review: Junkyard Control and Abate- This regulation would provide definition of “effective control” of ment (FHPM 7-6-4).
junkyards per 23 U.S.C. 136. It would identify alternative meth ods for abating nonconforming junkyards and establish the basic framework for State development of police power regula- ' tions and procedures. It would also identify items which are eli gible for Federal participation in the various abatement techniques such as screening, removal, and relocation (23 CFR pt. 751).
• Review: Relocation Assistance—Gen- This regulation would prescribe the general provisions and proceeral (FHPM 7-5-1).
dures for the uniform implementation and conduct of the na tionwide relocation assistance program to assure the fair and equitable treatment of persons displaced by highway programs (23 CFR pt. 740).
Review: Relocation Assistance—Relo- This regulation would set forth the requirements for that portion cation Services (FHPM 7-5-2).
of the relocation program dealing with the services and assist ance to be made available to persons displaced by or adversely affected by highway and related projects (23 CFR pt. 740). Review:
Relocation Assistance— This regulation would prescribe the moving payments and other Moving Payments (FHPM 7-5-3).
benefits available to individuals, families, businesses, farm oper ations, nonprofit organizations, and owners of outdoor advertis ing devices forced to relocate due to highway activities (23 CFR pt. 740).
Review: Relocation Assistance—Re- This regulation would prescribe the payments and eligibility re placement Housing Payments quirements for home owners and tenants forced to vacate their (FHPM 7-5-4).
dwellings located on lands needed for highway purposes (23 CFR pt. 740).
Review:
Relocation Assistance— This regulation would set forth the special provisions for pay- Mobile Homes (FHPM 7-5-5).
ments and benefits applicable to owners and occupants of mobile homes located on lands required for highway purposes (23 CFR pt. 740).
Review: Relocation Assistance—Re- This regulation would implement sec. 206 of Pub. L. 91-646 and placement Housing As Last Resort prescribe the procedures and methods for providing replace- (FHPM 7-6-6).
ment housing “as a last resort” when it is determined that a Federal or Federal-aid highway project cannot proceed to actual construction because comparable replacement housing is not available for persons to be displaced from their dwellings because of such construction (23 CFR pt. 740). R. G. dour.
Action complete.
202-426-0142 Douglas A. Wubels, Regulation to be canceled 202-426-0142 April 1979.
..do NPRM December 1978.
__ do.
Do.
......do................................... Regulation to be canceled April 1979.
Tom Johns, NPRM December 1978.
202-426-0142 .... do____________ __ ___ D a „..„do Do.
___do ....do Douglas A. Wubbels, 202-426-0142 Tom Johns, 202-426-0142 Richard Moeller, 202-245-0021 Do.
Do.
NPRM August 1978, FR February 1979.
NPRM December 1978.
Do.
NPRM October 1978, FR February 1979.
R. G. King, FR February 1979.
202-426-0116 .„.„do........ ..................
Do.
.do ....................
Do.
..do.
Do.
..do Do.
„....do.......... ..............
D a FEDERAL REGISTER, VOL. 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 169
NOTICES 42939 Federal Highway A dministration—Continued nonsignificant regulations—continued Title Summary Contact Decision date Review:
Land Service (FHPM 7-2-2-21.
Review:
Right-of-Way Fund (FHPM 7-2-7).
Review: Management of (FHPM 7-4-3).
Facilities This regulation would establish FHWA policy on participation in costs of facilities to provide or restore access to affected real property (23 CFR pt. 712).
Revolving This regulation would prescribe FHWA policy on acquisition of right-of-way with funding pursuant to 23 U.S.C. 108(c) (23 CFR pt. 712).
Airspace This regulation would prescribe FHWA policy on the use of air space on Federal-aid highways for nonhighway purposes (23 CFR pt. 713).
Review: State Audit Expense—Con- This regulation would establish (a) the State’s responsibility for tract Costs (FHPM 1-4-2-3).
the audit of costs incurred by “third parties" pursuant to a State/claimant contract on Federal-aid and other highway pro jects undertaken cooperatively with the Federal Highway Ad ministration (FHWA) and (b) the reimbursement criteria for Federal participation in audit expense to be incurred (23 CFR pt. 140).
Review: Application for and Obliga- This regulation would prescribe for programing Vs of -1 pet Federtion of Federal-aid Funds for Edual-aid highway funds for training and education (23 CFR pt. cation and Training (FHPM 3-1-2).
280).
Construction Engineering Costs_____ This regulation would prescribe policies and procedures to claim reimbursement for eligible construction engineering costs and to request and approve an increase in statutory limitations from 10 pet to IS pet of construction costs (23 CFR pt. 140). Review: State Legal Expense—Con- This regulation would establish the basis of eligibility for reimtract Claims (FHPM 1-4-2-4).
bursement of administrative settlement costs, and other legal expenses, including attorney salaries and fees, in the defense of contract claims on Federal-aid projects, including any Federal projects performed by a State under Federal-aid procedures (23 CFR pt. 140).
Review: Incentive payments for Con- This regulation would prescribe project procedures fOT making trolling Outdoor Advertising on the the incentive payments authorized by 23 UÜ5.C. 131(j) (23 CFR Interstate System (F H P M 1-4-7).
pt. 190).
Review: Bond Issue Projects (FHPM This regulation would prescribe policies and procedures for j_4_8). .
making the use of Federal funds in aiding the States in the re tirement of the principal of bonds, pursuant to 23 U.S.C. 122 (23 CFR pt. 140).
Review: Advance Construction of This regulation would prescribe procedures for the construction Federal-aid Projects (FHPM 6-3-2by a State of projects on any of the Federal-aid systems, in ad- 7)> vance of apportionment of Federal-aid funds, or in lieu of ap portioned funds for the interstate system only, and for thé sub sequent reimbursement to the State of the Federal share of the cost of project, pursuant to 23 U.S.C. 115 as amended (23 CFR pt. 630).
Review:
Reimbursement Vouchers This regulation would prescribe the procedures to be followed by PR-20 and PR-21 (FHPM 1-4-1).
States in claiming and supporting costs incurred for work per formed (23 CFR pt. 140).
Review: Recordkeeping and Re ten- This regulation would provide retention requirements for Federtion Requirements for Federal-aid al-aid highway records of State highway agencies (23 CFR pt. Highway Records of State Highway 17).
Agencies (FHPM 1-6-2).
Review: Reimbursement for Employ- This regulation would prescribe policies and procedures govern ment of Public Employees of Federing the extent to which Federal funds may participate in the al-aid Projects (FHPM 1-4-5).
cost of salaries and wage and related labor costs, incurred by public forces of State highway departments, counties, cities, or other political subdivisions (23 CFR pt. 140). Review Tire Requirements.............. The FHWA is considering amending the tire requirements regula tion (49 CFR 393.75) for the purpose of (1) exempting front tires on single unit vehicles from tire marking requirements, (2) exempting all vehicles operating in commercial zones from tire marking requirements, and (3) providing an exemption for tire overloading for vehicles operating under State permits (49 CFR pt. 393).
Review.
Disqualifying ' Offenses, The FHWA is considering amending the disqualification of driv- Drugs.
ers regulation (49 CFR 391.15) by reviewing and enlarging that group of substances and drugs, whose use by drivers, operating commercial motor vehicles, is forbidden and is considered a dis qualifying offense (49 CFR pt. 391).
Review Visual Acuity.................. . The FHWA is considering amending the physical qualification for drivers regulation (49 CFR 391.41) by reviewing and deter mining minimum visual acuity in each eye separately as well as binocular acuity for commercial vehicle drivers (49 CFR pt. 391).
' Review: Highway Safety Improve- When setting priorities for railroad-grade crossing improvements, ments Program (docket No. 78-4;
present regulations require States to consider hazard rating, ac- FHPM 8-2-3).
cident history, and the results of on-site inspections. It is neces sary that consideration also be given to other factors which have the potential for catastrophic accidents. The proposed change in regulation would add 2 more factors to be used in de termining priority for grade crossing projects; (l)The frequency with which trains carrying hazardous materials use the cross ing; (2) the number of persons exposed to the crossing (passen ger load of train; crossing use by school or passenger bus, pedes trians or other situations involving large numbers of people). NPRM was published in F ederal R egister on April 7, 1978 (23 CFR pt. 924).
Tom Johns, NPRM December 1978.
202-426-0142 _ do....... ....................
Do.
..do.
Do.
J. E. Lewis, PR December 1978.
202-426-0562 J. Coe, FR August 1978.
202-426-9141 J. E. Lewis, PR September 1978.
202-426-0562 .do............................... PR August 1978. .do Do.
K. C. Kippley, PR September 1978.
202-426-0673 ..do.
Do.
J. E. Lewis, PR December 1978.
202-426-0673 John Schnackenberg.
PR August 1978.
202-426-0534 J. E. Lewis, PR December 1978.
202-426-0562 Donnell W. Morrison NPRM September 1978.
202-426-1700 Gerald S. Davis, NPRM January 1979.
202-426-9767 .do Do.
J. L. Rummel PR October 1978.
202-426-2131 FEDERAL REGISTER, VOL. 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 170
42940 NOTICES Federal Highway Administration—Continued nonsignificant regulations—continued Title Summary Contact Decision date Review: Indian Reservation Roads This regulation would contain procedures implementing 23 U.S.C. (FHPM 6-3-2-8).
208 and the FHWA Bureau of Indian Affairs (BIA) (Depart ment of Interior) interagency agreement covering FHWA over view of BIA highway projects.
Review: Public Lands Development This regulation would contain procedures implementing 23 U.S.C. Roads and Trails (FHPM 6-9-4-2).
214 and the FHWA Bureau of Land Management (BLM) (De partment of Interior) interagency agreement covering FHWA overview of BLM highway projects.
Review: Forest Highways (FHPM 6- This regulation would contain procedures applicable to forest 9-2-1).
highways projects administered by direct Federal offices and State highway departments (23 CFR pt. 660). Review: Special Bridge Replacement This regulation would describe the policies and procedures fol- Program (FHPM 6-7-4-1).
lowed by FHWA in administering the special bridge replace ment program including what projects are eligible, how applica tions are filed and evaluated, and hoy? projects are funded. FR issued August 9,1978 (23 CFR pt 650). Review:
Location and Hydraulic This regulation would establish FHWA policy and procedures to Design of Encroachments on Flood assure good flood plain management practices are followed in Plains (FHPM 6-J-3-2).
the Federal aid highway programs (23 CFR pt. 650). Review: Erosion and Sediment Con- This regulation would prescribe practices for the prevention and trol on Highway Construction Proabatement of erosion and sediment damage on highway pro jects (FHPM 6-7-3-1).
jects (23 CFR pt. 650).
Review: Permits for Highway Work This regulation would contain procedures dealing with permits in or Adjacent to Streams (FHPM and include memoranda of understanding with the Coast 6-7-1-1).
Guard and the Corps of Engineers as appendixes. (23 CFR pt. 650).
Review: Coordination of Water Re- This regulation would prescribe policy and procedure for the co sources Development Projects ordination and financing of highway-water resources develop- (FHPM 6-1-1-4).
ment projects.
Fracture Control Plan (for Bridges Containing Fracture-Critical Mem bers).
Review: Highways for National De fense (FHPM 6-9-5).
Review: Required Contract Provi sions—Federal-aid Contract (FHPM 6-4-1-1).
Review: Contract Procedures (FHPM 6-4-1-6).
Review: Contract and Force Account, Justifications Required for Force Account Work (FHPM 6-4-1-14).
Review: General Material Require ments (FHPM 6-4-1-16).
Review: Physical Construction Au thorization (FHPM 6-4-2-1).
Review: Sampling and Testing of Ma terials and Construction (FHPM 6- 4-2-7).
Review: Inspection of Federal-Aid Construction Projects (FHPM 6-4- 2- 8 ).
Review: Landscape and Roadside De velopment (FHPM 6-2-5-1).
Review: Pedestrian Facilities and Bikeways.
Review:
Pavement Design Policy (FHPM 6-2-4-1).
Resurfacing, Restoration, and Reha bilitation (R-R-R) Work (FHPM 6- 2-4-2).
Review:
Skid Resistant Surface Design (FHPM 6-2-4-3), This regulation would supersede provisions of materials and weld ing specifications published by the American Association of State Highway and Transportation Officials (AASHTO) and the American Welding Society (AWS), where the materials and welding are to be used in tension components of a bridge whose failure could result in the collapse of the bridge (23 CFR pt. 650).
This regulation would update and simplify requiremens. The reg ulation would essentially provide guidance in administering de fense access-road funds where requirements differ from normal Federal-aid procedures. Defense-access funds are transferred from the Department of Defense for use on certain defense re lated or impacted roads (23 CFR pt. 660). This regulation would update and clarify revisions of the re quired contract provisions for Federal-aid construction con tracts (23 CFR pt. 633).
This regulation would simplify Federal-aid contract procedures (23 CFR pt. 635).
This regulation would simplify procedures relating to Federal-aid construction work performed by other than competitively awarded contract (23 CFR pt. 635).
This regulation would simplify procedures relating to general ma terial requirements for Federal-aid construction work (23 CFR pt. 635).
This regulation would simplify procedures relating to authoriza tion of the physical construction (23 CFR pt. 635). This regulation would revise current procedures relating to sampling and testing of materials and construction in Federal-aid highway projects except those constructed pursuant to 23 U.S.C. 117 which deals with certification acceptance and pro jects constructed under direct supervison of the Federal High way Administration (23 CFR pt. 637).
This regulation would prescribe the policies, procedures, and guides for inspection and approval of Federal-aid highway con struction projects, except those constructed pursuant to 23 U.S.C. 117 which deals with certification acceptance (23 CFR pt. 637).
This regulation prescribes policies and procedures relating to highway landscaping and plant establishment, safety rest areas and information centers and systems, and scenic strips in con nection with Federal-aid highway projects. Interim Final Regu lations published in F ederal R egister May 5, 1978 (23 CFR pt. 752).
This regulation strengthens the policy requiring consideration of pedestrian and bicycle facilities on all Federal-aid highway pro jects and specifies participation limits on bikeways on inde pendent alignment. Final Regulation published in F ederal R eg ister April 27, 1978 (23 CFR pt. 652). This regulation would set forth general pavement design policy for Federal-aid highway projects including stage construction (23 CFR pt. 626).
This regulation would set forth policy and project procedures for implementing R-R-R provisions of the 1976 Federal-aid High way Act.
This regulation would set forth pavement design policy as it per tains to skid resistance on Federal-aid highway projects. George Hutzelmann ANPRM September 1978, 202-426-0460 NPRM November 1978, . FR February 1979.
___ do__________________ ANPRM October 1978, NPRM December 1978, FR March 1979.
......do.................................. ANPRM November 1978, NPRM January 1979, FR April 1979.
L. A. Herr or Stanley Action complete.
Gordon 202-472-7697 Frank L. Johnson or Philip L. Thompson, 202-472-7690 Frank L. Johnson 202-472-7690 ...do................... ....
Joseph W. Burdell 202- 426-0442 or Frank L.
Johnson 202-472-7690 Mr. L. A. Herr or Mr. C.
E. Hart bower 202-426-0426 NPRM September 1978, FR December 1978.
FR October 1978.
Do.
- Do .
NPRM October 1978.
Emmett C. Kaericher, Jr. FR September 1978. 202-426-0466 K. L. Ziems FR October 1978.
202-426-4847 ..„..do................................... NPRM August 1978, FR October 1978.
......do....... .
FR September 1978.
.„...do ................................. FR October 1978. ......do ................................. ' Do. Ross Martinez NPRM October 1978.
202-426-0420 Donald Steinke NPRM December 1978.
202-426-0436 Ken Rickerson FR August 1978.
202-426-0314 ......do ............................ Action complete. Leon M. Noel FR September 1978.
202-426-0327 ......do................................... FR November 1978. „....do NPRM January 1979.
FEDERAL REGISTER. VOL. 43. NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 171
NOTICES 42941 F ederal H ig h w a y A dm inistr ation—Continued nonsignificant regulations—continued Title pavement Type Selection and Alter nate Bids (FHPM 6-2-4-4L Review: Design Standards for High ways (FHPM 6-2-1-1).
Review: Plans, Specifications, and Es timates (FHPM 6-3-3-1).
Review; Traffic Operations Program to Increase Capacity and Service (TOPICS) (FHPM B-8-2-2).
Review: Traffic Control Devices on Federal-aid and Other Streets and Highways (FHPM 6-8-3-1).
Summary This regulation would set forth policy for the selection of pave ment type on Federal-aid projects, and procedures to be used for bidding on more than 1 alternate.
This regulation designates standards, specifications, policies, guides, and references that are acceptable for use on Federalaid highway projects. Final Regulations published in F ederal R egister April 7,1978 (23 CFR pt. 625). This regulation would prescribe policies and procedures relating to the preparation, submission and approval of plans, specifica tions, and estimates and supporting documents for Federal-aid projects (23 CFR pt. 630).
*- This regulation would propose a revision to shorten and simplify the regulations relating to the topics program (23 CFR pt. 655). Contact ..do.
Alvin R. Cowan 202-426-0312 ..do.
Chester F. Phillips 202-426-0323 This regulation would prescribe the policies and procedures of Donald P. Ryan FHWA relative to obtaining basic uniformity in the visible fea- 202-426-0411 tures and functioning of traffic control devices on all highways open to public travel in accordance with the Manual on Uni form Traffic Control Devices for Streets and Highways (23 CFR pt. 655).
, .
x . > _ .
. _ This regulation would provide policies and procedures relating to Robert Hays motorist-aid systems on Federal-aid highways (23 CFR pt. 655). 202-426-0411 This regulation would establish policies and procedures relating ....do.........«.....-*•*••• to the expenditure of Federal-aid funds for traffic surveillance and control measures and equipment to reduce congestion, im prove traffic flow and increase safety (23 CFR pt. 655). This regulation would expand existing standards for specific in- Donald P. Ryan formation signs on the Interstate System and other freeways 202-426-0411 on the primary system to other primary highways as author ized by section 122(a), Federal-Aid Highway Act of 1976 (23 > CFR pt. 655).
This regulation .would outline procedures to be followed in the V. Ciletti funding, programing, and execution of a program for a national 202-426-0540 scenic and recreational highway in the Mississippi River Valley known as the Great River Road (23 CFR pt. 661). „ This regulation would prescribe Federal Highway Administration R. J. Kreklau or C. R.
procedures relating to relinquishment of highway facilities (23 Green CFR pt. 620).
.
„ 202-426-0334 This regulation which provides for instructions for preparation C. R. Green and acceptance of State certification proposals to accomplish 202-426-0334 the policies and objectives of 23 U.S.C. 117 would be amended to eliminate the requirement that States mark and submit State laws, regulations, etc., with a certificate acceptance re quest (23 CFR pt. 140).
' This regulation would prescribe policies and procedures on relm- J. A. camey bursement to the States for railroad work done on projects un- 202-426-0104 dertaken pursuant to the provisions 23 CFR 646B (23 CFR pt. 140).
This regulation would prescribe the policies and procedures for ....do..........- — — the adjustment and relocation of utility facilities on Federal-aid highway projects and projects under the direct supervision of the Federal Highway Administration (23 CFR pt. 145). _ . _ of utilities This regulation would prescribe policies and procedures for ac- .— do......................
commuting utility facilities on the rights-of-way of Federal (FHPM 6-6-2-s).
and Federal-aid projects (23 CFR pt. 645). This regulation would prescribe policies and procedures for ad- ....do.....................
vancing Federal-aid projects involving railroad facilities (23 CFR pt. 646).
Review: Federal Program Approval This regulation would prescribe policies and p ro c h e s for prep- V.CUetU and Project Authorization (FHPM aration and submission of programs for utilization of highway 202-426-0104 Ô-3-2-2).
construction funds and describes authorization procedures FR issued August 11, 1978 (23 CFR pt 630). Review: Emergency Funds Procedure This regulation would outline the procedures to be followed in ..—do.....................
(FHPM 6-3-2-10) the administration of emergency funds for the repair or recon struction of Federal roads and Federal-aid highways damaged or destroyed by material disasters or catastrophic failures (23 CFR pt. 630).
_ . , Review:
Public Lands Highways This regulation would outline the procedures to be followed m — do.....................
(FHPM 6-9-4-1).
administering funds authorized for Public Lands Highways (23 Review: Project Agreements (FHPM Thteregulation would prescribe the forms and procedures for the L. Pettigrew or C. R.
6-3-l-i) preparation and execution of the project agreement required .
by 23 U.S.C. 110(a) for Federal-aid projects (23 CFR pt. 630). 202-426-0334 Review Exemption From Preparing This regulation would propose to exempt certain driverefrom G e ^ J-i^ vls Driver’s S Logs for Operetions preparing the driver’s log when they o^rate between spechied 202-426-9767 Between certain Fixed Locations fixed locations or over the same route day after day within the (docket No MC-70-2).
allowable hours of service (49 CFR pt. 395). __ _ ...
Review: Rear End Underride Protec- This regulation would propose to provide toprOTed r ^ e ^ r o g . W. Morris tion (docket No. MC-77).
tectton on heavy motor vehicles manufactured after a certain 202-426-1 date to prevent the underriding of vehicles which impact the rear of those vehicles (49 CFR pt. 393). Review:
Motorist Aid Systems (FHPM 6-8-3-S).
Review: Traffic Surveillance and Con trol (FHPM Ô-8-3-4).
National Standards for Specific Infor mation Sign (Docket No.: 77-6, FHPM 6-8-3-8).
Great River Road (FHPM 6-9-15).
Review: Relinquishment of Highway Facilities (FHPM 6-1-1-8).
Certificatimi Acceptance (FHPM 6-5- 2).
Review: Reimbursement for Railroad Work (FHPM 1-4-3).
Review: Utility Reclamation and Ad justment (FHPM 1-4-4).
Review: Railroad Highway Projects (FHPM 6-6-2-1).
Decision date NPRM March 1979.
Action complete.
NPRM September 1978.
FR September 1978.
FR October 1978.
Do.
Do.
FR January 1979.
NPRM October 1978.
NPRM September 1978.
FR September 1978.
NPRM December 1978.
. NPRM November 1978.
Do.
.. NPRM December 1978.
Action complete.
.. FR October 1978.
Do.
NPRM December 1978.
NPRM January 1979.
NPRM March 1979.
FEDERAL REGISTER, VOL. 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 172
42942 NOTICES .
F ederal H ig h w a y A d m inistr atio n—Continued no nsig nificant regulations—continued TUI* Summary Contact Decision date Review: 100-Mile Exemption—Driv er’s Logs (docket No. MC-78).
Toxic Oases in Truck Cabs (docket No. MC-80).
Ambient Temperature in Heavy Duty Truck Cabs (docket No. MC-81).
Review: Parts and Accessories Neces sary for Safe Operations (docket No. MC-82).
Air-brake System on Commercial Motor Vehicles—NHTSA Standard No. 121 (docket No. MC-83).
Review: Multi-day Log (docket No.
MC-69-2).
Review:
Relocation Assistance' Moving Payments—Moving Ex pense Schedules (FHPM 7-5-3).
Vegetation Planting Obscuring Legal Outdoor Advertising Signs (77-13).
Employment and Materials Report PR-47 (FHPM 6-4-1-9).
Roadway Drainage.... ...................... Uniform Criteria for Warning Devices at Railroad-Highway Grade Cross ings.
This regulation would propose to increase the present 50-mile radius exemption from the daily log requirement to a radius of 100 miles (49 CFR pt. 395).
This regulation would set maximum toxic gas levels in truck cabs (49 CFR pt. 399).
This regulation would set maximum permissible ambient tem perature in truck cabs (49 CFR pt. 399). This regulation would aline the Federal Motor Carrier Safety Regulations with the Federal Motor Vehicle Safety Standards of the National Highway Traffic Safety Administration to ensure manufacturing and operational compatibility (49 CFR pt. 393).
This regulation would require that any antilock system installed on the drive axle of truck tractors to comply with FMVSS No. 121 be kept operative. Comment period extended indefinitely as a result of order issued by 9th circuit court, U.S. Court of Ap peals in the ACCAR, et a l v. NHTSA case (49 CFR pt. 393). This regulation amends the existing regulation dealing with the hours of service of drivers by extending the use of the multiday log past June 1978. Amendment published in the F ederal R eg iste r on July 7.1978 extending effect of driver log to Sept. 30, 1978 (49 CFR pt. 395).
This regulation would set forth the FHWA approved moving ex pense schedules which are applicable to all residential moves necessitated by all Federal programs administered by all Feder al agencies. These schedules are reviewed and updated by each State highway department on a semiannual basis and approved by FHWA prior to final publication in the F ederal R egister semiannually (49 CFR 25).
An ANPRM was planned to address the possibility FHWA pro hibiting Federal-aid assistance in new landscape plantings that may now or in the future obscure legal outdoor advertising signs. This proposal is no longer considered necessary. This regulation would implement new reporting procedures for the collection data on usage of highway construction materials, supplies and labor.
This regulation would provide FHWA policy and procedures for the design of roadway drainage systems for conveying runoff from highways (23 CFR pt. 650).
This ANPRM would invite comments and would request informa tion relative to the issuance of uniform nationwide criteria for the selection of various types of warning devices to be installed at railroad-highway grade crossings, ANPRM issued Aug. 10, 1978 (23 CFR pt. 646).
Gerald J. Davis 202-426-9767 ___do..................
„....do..................
D. W. Morrison 202-426-1700 .do Gerald J. Davis 202-426-9767 R. O. King 202-426-0116 Ken Rickerson 202-426-0314 L. Staron 202-426-0404 Frank L. Johnson or Philip L. Thompson 202-426-7690 J. A. Carney 202-426-0104 FR January 1979.
NPRM January 1979.
Do.
FR March 1979.
FR February 1979.
Action complete.
FR October 1978, FR March 1979.
Action complete.
NPRM September 1978.
NPRM June 1979.
NPRM August 1979.
F ederal R ailroad A d m inistr atio n SIGNIFICANT REGULATIONS Improved Glazing Materials for Rail- A Description: Glazing materials that resist puncture by bullets road Rolling Equipment (docket and rocks are available. FRA is considering requiring the use of No. RSGM-1).
these materials in the windows of locomotives, passenger cars, and cabooses.
B. Why sign ifican t Anticipated degree of controversy based on the responses to the ANPRM and an initial identification of cost factors in comparison with benefits achievable under such a rule.
C. Regulatory analysis: Will be required. D. Need: Increasing frequency of incidents in which rocks and bullets are being directed at trains resulting in personal injuries or death for train crews and passengers. E. Legal basis: The Federal Railroad Safety Act of 1970 (45 U.S.C. 431).
F. Chronology: The ANPRM was published Mar. 10, 1977 (42 FR 13309). Subsequently, demonstration testing has been done at Aberdeen Proving Grounds to evaluate some of the potential materials. FRA is evaluating the responses to the ANPRM and the demonstration testing to determine future action. O. Citation: No CFR citation as yet.
Strobe Lights on Locomotives (docket A. Description: Lighted warning devices that include strobe lights No. RSGC-2).
have been shown to be more readily visible than normal light ing devices. FRA is considering requiring the installation of strobe lights on locomotives.
B. Why sign ifican t Anticipated interest on the part of State and local governments; intensity of controversy over bad side ef fects from strobe, light exposure for train crews and degree of controversy reflected by response to ANPRM. C. Regulatory analysis: Will be required. D. Need: Grade crossing accidents represent the single largest group of railroad related fatalities each year. Available data in dicate that the conspicuity of locomotives may be a factor in many of these accidents. Limited research with one railroad has indicated that equipping locomotives with strobe lights will im prove their conspicuity and may lead to a reduction in these ac cident statistics.
E. Legal basis: The Federal Railroad Safety Act of 1970 (45 U.S.C. 431).
Philip J. Brannigan, 202-426-9186 John A. McNally, 202-426-9178 NPRM September 1978.
NPRM September 1978.
FEDERAL REGISTER, VOL. 43, N O . 184— THURSDAY, SEPTEMBER 21, 1978
Page 173
NOTICES 42943 F ederal R ailroad Adm inistr ation—Continued significant regulations—continued Title Summary Contact Decision date F. Chronology: The ANPRM was published Mar. 7, 1978 (43 FR 9328). FRA is evaluating the responses to the ANPRM and is conducting a test program to obtain operational data concern ing these devices.
G. Citation: No CFR citations as yet.
Final Station Program Cost Sharing A. Description: Title VII of the Railroad Revitalization and Reg- Christopher Moffitt, Determination (FRA Intercity Pasulatory Reform Act of 1976 (45 U.S.C. 851 et seq.) provides for 202-464-7737 senger docket No. 1).
the upgrading by the Secretary of Transportation of the pas senger railroad system between Washington, D.C., and Boston, Mass., including the funding of certain station improvements. Non-Federal parties will have to bear one-half of the cost of the nonoperational portions of stations (as determined by the Sec retary) used ip intercity passenger service and of related facili ties. This notice would set forth the Department’s proposed de termination as to what will constitute a “nonoperational por tion” of a station and a “related facility” for purpose of allocat ing station project costs between the Federal Government and other participating entities.
B. Why significant: Anticipated great interest on the part of State and local transportation agencies due to the shared cost implication of the Secretary’s determination. C. Regulatory analysis: None required. D. Need: Required by statute.
E. Legal basis: Sec. 703(l)(b) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 853(lXb)). F. Chronology: A proposed determination was published at 43 FR 18394 (Apr. 28, 1978). It had been under development since early 1977.
G. Citation: No CFR citation as yet.
FR October 1978.
NONSIGNIFICANT REGULATIONS Blue Signal Protection of Workmen The proposed rule seeks to amend the regulation to resolve var- (docket No. RSOR-3, notice 14).
ious operational difficulties created by current regulatory lan guage (49 CFR pt. 218).
Construction of Railroad Employees The final rule would implement congressional directive in Hours. Sleeping Quarters (docket No. HSof Service Act (45 UJS.C. 62(a)(4)) making it unlawful to begin 2).
construction of sleeping quarters in the immediate vicinity of a railroad yard. FR issued July 19,1978 (43 FR 31006). Railroad Bridge Safety Standards....... The proposed rule would establish safety standards for Inspection and rating of load capacity for railroad bridges. Railroad Noise Emission Compliance The proposed rule would amend FRA railroad noise emission Regulations (docket No. RNE-1).
compliance regulations to reflect EPA standards for fixed rail road facilities that are to be issued by Aug. 30,1978 (49 CFR pt. 210).
Locomotive-Wheel Slip/Sllde Indica- The final rule would require wheel slip/slide indicators on locotors (docket No. LI-4).
motives and that these devices be repaired immediately if they become defective in service (49 CFR pt. 230). Track Safety Standards...... .
The proposed rule would seek to make technical amendments to track safety standards to reflect research results and experi ence with current standards. (49 CFR pt. 213). Rules, Standards, and Instructions The proposed rule would seek to make miscellaneous technical for Railroad Signal Systems.
amendments to the signal inspection rules (49 CFR pt. 236). Signal Systems Reporting Rules.......... The proposed rule would seek to require the reporting of failures of active grade crossing warning devices (49 CFR pt. 233). Safety Standards for Cabooses The proposed rule would seek to establish comprehensive safety (docket No. RSC-76-6).
standards for cabooses.
Noise Levels for Train Crew Members This action would explore feasibility of reducing noise exposure for train crews in both locomotive cabs and cabooses. Speed Indicators on Locomotives....... This proposed rule would seek to amend existing locomotive in spection rules to require speed indicators on locomotives and to require their immediate repair if they become defective in serv ice (49 CFR pt. 230).
Maintenance, Inspection and Testing This proposed rule would seek to establish standards for the inof Grade Crossing Devices (docket spection, testing and maintenance of active highway grade No. RSGC-1).
crossing of warning devices.
Procedures for Considering Environ- This action would set forth procedures for the construction, prepmental Impacts (docket No. EP-1).
aration and processing of environmental impact statements and related documents for FRA actions.
Rail Service Assistance to States This action would amend 49 CFR pt. 266 to provide guidelines for Under Section 5 of the DOT .Ad« a more comprehensive application for substitute service assist- (FRA Economic docket No. 4).
ance.
Rail Banking Under Section 810 of This action would amend the interim rail bank regulations (49 the 4R Act of 1976 (FRA State Rail CFR pt. 270) based upon comments received. Congressional docket No. 1).
action on S. 2981 would repeal the authorized legislation and eliminate the need for further action. Intermodal Terminal Regulations On May 2,1978, the regulations were amended to exclude certain Amendments (FRA State Rail functions transferred by law out of DOT, and to extend the docket No. 2).
deadlines for filing of applications. Although the regulations were issued in final form, comments were solicited until July 1, 1978. As warranted, changes will be made on the basis of the comments received.
John A. McNally, 202-426-9179 Grady C. Cothen, 202-426-8285 William R. Paxton, 202-426-0912 John A. McNally, 202-426-9178 Philip J. Brannlgan, 202-426-9186 William R. Paxton, 202-426-0912 „..do..........................
„..do.............. .
Philip J. Brannlgan, 202-426-9186 John A. McNally, 202-426-9179 Philip J. Brannlgan, 2092-426-9186 William R. Paxton, 202-426-0912 Brigid Hynes-Cherin, 202-426-8220 Larry A. Friedman, 202-426-7710 ....do................................ Julius Gonoza, 202-755-9332 Revised NPRM August 1978.
Action complete.
NPRM December 1978.
NPRM February 1979.
FR September 1978.
NPRM September 1978.
NPRM October 1978.
Do.
NPRM December 1978.
ANPRM January 1979.
NPRM October 1978.
NPRM August 1978.
FR September 1978.
FR October 1978.
Do.
FR September 1976.
FEDERAL REGISTER, VOL. 43, NO. 184— THURSDAY, SEPTEMBER 21, 1978
Page 174
42944 NOTICES F ederal R ailroad A dm inistr ation—Continued ROUTINE AND FREQUENT NONSIGNIFICANT REGULATIONS Title Summary Contact Decision date Rear Markers on Trains (docket No. This final rule would establish penalty schedules for violations of John A. McNally, FR November 1978.
RSRM-1).
rear marker requirements (49 CFR pt. 221). 202-426-9179 Rules for Use of Radio in Train Oper- This final rule would establish penalty schedules for violations of .... do........ ...„... .............. FR December 1978. ations (docket No. RSOR-5).
radio rule requirements (49 CFR pt. 220). Safety Appliances for Freight Cars... The proposed rule would seek to establish Safety Appliance Philip J. Brannigan, NPRM January 1979.
Standards for newly designed equipment (49 CFR pt. 231). 202-426-9186 Accident/Incident Reporting 'Rules The proposed rule would seek to amend the accident reporting John A. McNally, .NPRM November 1978.
(docket No. RAR-2).
requirements by changing the monetary damage threshold for 202-426-9179 accidents required to be reported to FRA. This is a biennial ad justment to account for price changes (49 CFR pt. 275). Freight Car Safety S t a n d a r d s T h i s proposed rule would seek to make technical amendments to Philip J. Brannigan, NPRM January 1978.
existing Freignt Car Safety Standards to eliminate various 202-426-9188 problem areas (49 CFR pt. 215).
N ational H ig h w a y T raffic Safety A dm inistr ation SIGNIFICANT REGULATIONS Uniform Tire Quality Grading A. Description: Grade tires on tread-life, wet traction and tem- System (docket No. 25).
perature resistance. An effective date for radial tires needs to be issued.
B. Why significant: This rule is considered significant because of public interest.
C. Regulatory analysis: Will not be required. D. Need: This regulation is congressionally mandated and the Agency is under court order requiring its issuance. E. Legal basis: National Traffic and Motor Vehicle Safety Act of 1966. as amended. Title n. sec. 203.15 U.S.C. 1453. F. Chronology: NPRM (38 FR 6194) issued in 1973 and final rule issued in May 1975 (40 FR 23073). The rule was challenged by the domestic manufacturers but was upheld, except for remand for minor changes, by the sixth circuit court of appeals. Final rule establishing effective dates for bias and belted bias tires issued July 12,1978.
G. Citation: 49 CFR 575.
Lfght Trucks Fuel .Economy Rule- A. Description: Would set average fuel economy standards for making.
model years 1982-84 light trucks.
B. Why sign ifican t The rule is considered significant because of the impact on the automotive industry, the public, and energy consumption.
C. Regulatory analysis: Will be required. D. Need: Conservation of petroleum.
E. Legal basis: Motor Vehicle Information and Cost Savings Act, as amended. 15 U.S.C. 2002.
F. Chronology: None yet.
G. Citation: 49 CFR pt. 533.
Air Brake Systems (docket No. 75-16). A. Description: Proposes a moratorium on the antilock require ments of FMVSS 121 for trailers and the establishment of a test program to determine the effects of antilock. B. Why sign ifican t The rule is considered significant because of the level of public and congressional interest. C. Regulatory analysis: Will not be required. D. Need: In response to complaints from truck users about the safety and reliability of the antilock systems. E. Legal basis: National Traffic and Motor Vehicle Safety Act of 1966, as amended (15 U.S.C. 1381 et seq.). F. Chronology: NPRM issued in March 1978 (43 FR 9626). The ninth circuit court of appeals, in April 1978, partially invalidat ed FMVSS 121. NHTSA has filed a petition for certiorari to the Supreme Court. The ninth circuit’s ruling is stayed at least until the Supreme Court rules on the petition. The comment period on the NPRM was extended indefinitely by supplemen tal notice published June 8, 1978 (43 FR 24871). NHTSA will take appropriate action on this matter when the Supreme Court rules.
G. Citation: 49 CFR pt. 121.
Passenger Automobile Fuel Economy A. Description: Reevaluates average fuel economy standards for Rulemaking.
model years 1984 and 1985 passenger automobiles and would set average fuel economy standards for model year 1986 passenger automobiles.
B. Why sign ifican t The rule is considered significant because of the impact on the automotive industry, the public, and energy consumption.
• ■ C. Regulatory analysis: Will be required. D. Need: Conservation of petroleum.
& Legal basis: Motor Vehicle Information and Cost Savings Act, as amended, 15 U.S.C. 2002.
F. Chronolgy: None yet.
G. Citation: 49 CFR 531.
Confidential Business Information...... A. Description: Would codify existing method of processing confi dential information from manufacturers. B. Why sign ifican t This rule is considered significant because of the controversial nature of confidential business information. C. Regulatory analysis: Will not be required. Michael Brownlee, FR March 1979, (radiais).
202-426-1740 Richard Strombotne, NPRM March 1979.
202-426-0846 A. Malliaris, Dependent upon court 202-426-0842 actions.
Richard Strombotne, NPRM March 1979, FR 202-426-0846 December 1979.
Joe Levin, FR November 1978.
202-426-9511 FEDERAL REGISTER, VOL. 43, NO. 184— THURSDAY, SEPTEMBER 21, 1978
Page 175
NOTICES 42945 N ational H ig h w a y T raffic Safety A dm inistr ation—Continued significant regulations—continued Title Summary Contact Decision date D. Need: To assure the manufacturer a more predictable process of information gathering and -to streamline and speed up NHTSA use of data.
E. Legal basis: National Traffic and Motor Vehicle Safety Act of 1966, as amended, and thé Motor Vehicle Information and Cost Savings Act, as amended, 16 U.S.C. 1381; 15 U.S.C. 2002. P. Chronology: NPRM issued May 25,1978 (43 PR 22412). O. Citation: 49 CFR 512.
____ nonsignificant regulations Child Restraint Systems (docket No.
74-9).
Adjudicative Procedures—Fuel Econ omy.
School Bus Crash Protection (docket Would extend Federal Motor V eh ic leS ^ y S tw i^ rd (FMVSS) 222 to cover day-care center buses (49 CFR 571.222). ■B-it Assemblies (docket No. 74- Would improve seat belt comfort, convenience, reliability, and eft Seat Belt Assemblies (docket wo. i*by prescrlbing parameters for performance and dytiflmin testing of seat belt assemblies (49 CFR 571.208). Would upgrade performance of all child restraints by performing dynamic tests using child and infant dummies; regulate infant restraints. NPRM issued May 10,1978 (49 CFR 571.213). _ .
. Rns passenger Seating and Would amend FMVSS 222 to increase the maximum allowable ^Crash Protection (docket No. 73-03). seat spacing in school buses from 20 to 2 1 inche« this spactaC "
would accommodate large high school students while still ensuring a safe level of school bus seat performance (49 CFR &*71 222) *ri,B„“5,cr“h prol“*ton <doctet srX u S stosxsss:
No. 73-0J).
apply to this vehicle class (49 C FR 571.222). _ .
TJonrpspntine 3-year Would provide specifications for dummies to be used in testing a n d ^ Z ? th (5d S S ^ ( d S
compliance with FMVSS 213, child restrict systemsUn Si,d7^-8) conjunction with proposal to amend that standard to provide No. 73-«).
for dynamlc testing and to extend its applicability. NPRM issued May 10,1978 (49 CFR pt. 572).
Would establish procedures and rules of practice for adjudica tions to enforce the fuel economy provisions in title V of the Motor Vehicle Information and Cost Savings Act. This wlu be issued as an intermin regulation August 1978. The public will be invited to comment on the interim regulation. FR will be pub lished December 1978.
» _ Manufacturers Fuel A rule may be proposed to refine the requirements regarding the Economy Rulemaking (docket No.
contents of and procedures for disposition of Petittora -,-np I,« nil volume manufacturers for exemption and for establishment of alternative standards (49 CFR pt. 525). Would extend to trucks, buses, and multipurpose vehicles of 10 000 lbs or less, the current standard for passenger cars de signed to cushion impact of passengers striking interior vehicle structures (49 CFR 571.201).
, , bti mytAtwi to light trucks and possible upgrade (49 CFR 571.203). to light trucks and possible upgrade (49 CFR 571.204). Would require a low pressure tire warning indicator on all vehi cles which can be present to show a specified drop from recom mended pressure (new).
.
....
.. • Would eliminate protrusions of the omamental/identificatlon type and sharp edges, both of which could cause injury to pe destrians, cyclists, and others (new). _ ntoo ,,.
This technical amendment would modify the existing FMVSS i ll to improve compliance procedures, provide for optional plain nnH convex mirrors on trucks and upgrade heavy truck mirror systems (49 CFR 571.111).
. ..
.
.
/. .
Door Locks and Door Retention Com- This technical amendment would clarify existing test procedures Z>em s and extend the applicability of FMVSS 206 such that present ponenis.
gide door requirements cover transverse rear doors (49 CFR Dross CouDlina Weight Rating An amendment to the regulations on certification (49 CFR 567) X k e t No 73-15) and of vehicles manufactured in 2 or more stages <49 <JFR 568) (docket jno. is o).
would require labeling of the gross coupling weight rating for semitrailers.
.
. .
.., Road Wheel Identification and Selec- This proposal would establish c e ^ ^ to reduce misapplication of wheels and thereoy reauce acci dents caused by radial overloading and cornering weakness maids of Direct View (docket No. 70- This proposal would establish requirements for the maximum al- Flelds of Direct view (docket no. .uof obstructions in the field of view of drivers the luminous transmittance of glazing, and the location and func tional characteristics of sun visors (new). This proposal would amend FMVSS 111 to: (a) reduce the blind areas by upgrading mirror visibility using improved compliance testing procedures, (b) upgrade occupant protection require ments and add pedestrian protection requirements using shat ter resistant and breakaway or foldaway tests, (c) set specifica tions for day-night reflectance requirements to reduce head light glare, (d) set specifications for convex mirror quality and use, and (e) minimize obstruction of the forward view by estab lishing mirror location specifications (49 CFR 571.111). ta w ». Reflective Device* und T h isp rop «« »m reviae tte C ted Equipment idccEet No.
e S S S S T e S i ^ “ « CFR A. Malliaris 202-426-0842 ......do..............
..do.
..do.
..do.
..do.
Stephen Wood 202-426-2992 Richard Strombotne 202-426-0846 Occupant Protection in Interior Im pacts.
Collapsible Steering Column-----......... Steering Control Rearward Displace ment.
Low Tire-Pressure Warning Indicator.
Vehicle Exterior Protrusions............. Rearview Mirror (docket No. 74-20).... A. Malliaris 202-426-0842 ..do.
..do.
NPRM September 1978.
NPRM December 1978.
FR October 1979.
FR November 1978.
NPRM July 1979.
FR October 1979.
Interim regulation August 1978 FR December 1978.
NPRM November 1978.
NPRM September 1978.
Do.
Do.
NPRM December 1978.
NPRM September 1978.
NPRM January 1980.
NPRM December 1978.
Roger Compton FR September 1978.
202-426-1767 A. Malliaris NPRM January 1979.
202-426-0842 ...... NPRM August 1978.
Rear View Mirrors (docket No. 71-3a) ..do.
Do.
19).
Vehicle Identifcation Number (VIN) (docket No. 1-22).
..do.
..do.
S71108) This proposal would amend the VIN to extend its applicability and specify its content and fotmat. NPRM issued Jan. 16, 1978 <49 CFR 571.115) FR issued Aug. 17,1978. FEDERAL REGISTER, V O L 43, NO. 184— THURSDAY, SEPTEMBER 21, 1978 NPRM October 1978.
Action complete.
Page 176
42946 NOTICES N ational H ig h w a y T raffic Safety A dm inistr ation—Continued nonsignificant regulations—continued Title Summary Contact Occupant Crash Protection (docket Permit the use of continuous spool release mechanism in passive No. 74-14).
belts. NPRM issued May 22, 1978 (49 CFR 571.208). Seat Belt Anchorages (docket No. 2- Responds to petition to exempt passive belts from requirements 14).
regarding location of anchorages. NPRM issued May 26, 1978. (49 CFR 571.210).
Hydraulic Brake Systems (docket No. This proposal would extend coverage of FMVSS 105-75 from pas- 70-27).
senger cars to multi-purpose vehicles, buses, and all trucks (49 CFR 571.105).
Headlight Candlepower................... This proposal would increase the maximum allowable candlepower of motor vehicle headlighting systems from 75,000 cp to 150,000 cp. It would also require an identification code for head lamps. FR published July 27, 1978 (43 FR 32416) (49 CFR 571.108).
Brake System Inspectabillty............. Would establish certain levels of brake degradation as unsafe and to establish test procedures and criteria for measurement. The ANPRM would request technological approaches (new). Theft Protection (docket No. 1-21).... Would amend existing standards to require separate keys for doors and ignition, door lock modifications, internal control of hood latch, modification in ignition wiring and ignition key alarm. Would apply to passenger cars, light trucks and vans. NPRM issued May 1, 1978 (49 CFR 571.114). Controls and Displays (docket No. 1- This rule requires the use of symbols and allow the use of addi- 18).
tional words if the manufacturer desires. Symbols allowed would generally conform to those adopted by the international standards organization to create an internationally uniform scheme. FR issued June 21, 1978 (43 FR 27541) (49 CFR 571.101).
Brake Hoses (docket No. 1-5)........ This amendment to FMVSS 106 relieves several restrictions relat ing to assembly labelling requirements. FR issued May 11, 1978 (49 CFR 571.106).
Fuel Economy Exemptions Exemption from and Establishment Analysis of petition of exemption from 1978 standard and setting of Fuel Economy Standards (docket of alternative standard for Avanti Motor Corp. FR issued June No. LVM 77-01).
29, 1978 (49 CFR 525).
Do.—........ ............................ . Analysis of petition for exemption from 1979 and 1980 standards and setting of alternative standards for Avanti Motor Corp (49 CFR 525).
Exemption from and Establishment Analysis of petition of exemption from 1978 standard and setting of Fuel Economy Standards (docket of alternative standard for Checker Motors NPRM issued June No. LVM 77-03).
8,1978. FR issued Aug. 7,1978 (43 FR 34785) (49 CFR 525). Do............— .............. ......... . Analysis of petition for exemption from 1979 and 1980 standards and setting of alternative standards for Checker Motors (49 CFR 525).
Exemption from and Establishment Analysis of petition for exemption from 1978 standard and setof Fuel Economy Standards (docket ting of alternative standard for Rolls-Royce Motor, Inc. NPRM No. LVM 77-02).
issued July 15,1978 (43 FR 30081) (49 CFR 525). Do..............................:............. Analysis of petition for exemption from 1979 and 1980 standards and setting of alternative standards for Rolls-Royce Motors, Inc. (49 CFR.525).
Exemption from and Establishment Analysis of petition for exemption from 1979-80 standards and of Fuel Economy Standards (docket setting of alternative standards for Aston Martin Lagonda. (49 No. LVM 77-04).
CFR 525).
Exemption from and Establishment Analysis of petition for exemption from 1978 standard and setof Fuel Economy Standards (docket ting of alternative standard for Excalibur Automobile Corp. No. LVM 77-05).
NPRM issued July 31 1978 (43 FR 33268) (49 CFR 525). Analysis of petition for exemption from 1979 and 1980 standards and setting of alternative standards for Excalibur Automobile Corp. (49 CFR 525).
Exemption from and Establishment Analysis of petition for exemption from 1978 standard and setof Fuel Economy Standards.
ting of alternative standard for Lamborghini S.p.A. (49 CFR 525).
Do.-— —......- ...................—.. Analysis of petition for exemption from 1979 and 1980 standards and setting of alternative standards for Lamborghini, S.p.A. (49 CFR 525).
Do.......................................... . Analysis of petition for exemption from 1978 standard and set ting of alternative standard for Maserati S.p.A (49 CFR 525). Do..........—...................................... Analysis of petition for exemption from 1979 and 1980 standards and setting of alternative standards for Maserati, S.p.A. (49 CFR 525).
......do________ ___ do............
......do.........
....do............
—..do ................
......do............
......do__ ___;__ ___do___.....__„ R. Strombo tne 202-426-0846 ......do ___do ___do____ ___ ....do................
___do......
___do......... .
......do.. .........
-__do...............
.....do............
....do........ .....
......do..... .......
... do ....___ — .
U rban M ass T ransportation Adm inistr ation SIGNIFICANT REGULATIONS Decision date FR September 1978.
FR August 1978.
NPRM July 1979.
Action complete.
ANPRM January 1979.
FR February 1979.
Action complete.
Do.
Do.
NPRM September 1978, FR October 1978.
Action complete.
NPRM September 1978, FR October 1978.
FR September 1978.
NPRM September 1978, FR December 1978.
NPRM October 1978, FR November 1978.
FR September 1978.
NPRM August 1978, FR October 1978.
NPRM August 1978, FR September 1978.
NPRM December 1978, FR February 1979.
NPRM August 1978, FR September 1978.
NPRM November 1978, FR January 1979.
Withdrawal of Interstate Segments A. Description: The regulations would implement secs. 103(e)(2) R. White, and Substitution of Alternative and 103(e)(4) of Title 23, UJS.C. sec. 103(e)(2) provides for the 202-472-6991 Projects (docket No. 77-9).
withdrawal of nonessential interstate routes and the substitu tion of alternative interstate routes. Sec. 103(e)(4) provides for the withdrawal of nonessential interstate routes and the substi tution of other transportation projects, both highway and non highway.
B. Why sign ifican t There is substantial public interest and con troversy concerning this proposal.
C. Regulatory analysis: Will be required. D. Need: This regulation is needed to implement the provisions of 23 U.S.C. sec. 103 enacted in the 1976 Federal-aid Highway Act. NPRM August 1978, FR December 1978.
FEDERAL REGISTER, V O L 43, NO. 184— THURSDAY, SEPTEMBER 21» 1978
Page 177
NOTICES 42947 U rban M ass T ransportation A dm inistr ation—Continued significant regulations—continued Title Summary Contact Decision date E. Legal basis; 23 UJ5.C. 103(eX2) and 103(eX4). F. Chronology: The current substitution regulations were issued on June 12, 1974. The Federal-Aid Highway Act Amendments of 1974 and the Federal-Aid Highway Act of 1976 amended the original statutory provisions enacted by the Federal-Aid High way Act of 1973.
O. Citation: 23 CFR pt. 476 subpt. D, and pt. 450. Payback for Interstate System With- A. Description: The regulations would prescribe the disposition drawals and Modifications.
and use of property acquired with Federal-aid funds for high way projects which are later modified, withdrawn, or terminat ed. They would also prescribe the requirements for repayment (payback) of Federal-aid funds expended on such projects. B. Why significant: There is substantial public interest and con troversy concerning the withdrawal under 23 U.S.C., 103(e)(4) of routes designated after Aug. 13, 1973 and the question of payback, - C. Regulatory analysis: Will be required. D. Need: This regulation is needed to implement the provisions of 23 U.S.C. 103 enacted in the 1976 Federal-Aid Highway Act, and the provisions of OMB Circular 102.
E. Legal basis: 23 U.S.C. 103(e).
F. Chronology: Proposed regulations on payback were issued on Nov. 17, 1975 (40 FR 53252). Sec. 110(b) of the Federal-Aid Highway Act of 1976 required substantial changes in the pro posed regulations. The proposed regulations were withdrawn by an ANPRM on Sept. 27.1976 (41 FR 42221). New proposed reg ulations were published on Aug. 7,1978 (43 FR 35008). G. Citation: 23 CFR pt. 476.
Section 3(e) Regulations.............„.... A. Description: Pursuant to sec. 3(e) of the UMT Act, UMTA plans to publish procedures regarding the involvement of pri vate mass transit operators in federally assisted programs. B. Why sign ifican t While these regulations would implement statutory requirements, this is a controversial issue for both the transit industry and private operators. C. Regulatory analysis: Will not be required. D. Need: To resolve an area of continuing controversy. E. Legal basis: Sec. 3(e) of the UMT Afct. F. Chronology: NPRM to be prepared by November 1978. G. Citation: 49 CFR pt. 619.
Paratransit Policy........
......
A. Description: UMTA will publish a policy regarding the avail ability of Federal assistance for public and private operators in the provision of paratransit services. In addition, an ANPRM will be Issued seeking comments on development of more specif ic guidelines concerning paratransit and the involvement of pri vate operators in the planning and provision of service. B. Why sign ifican t Any major policy regarding UMTA assistance such as this will be of public interest. C. Regulatory analysis: Will not be required. D. Need: To provide uniform guidance to public and applicants. E. Legal basis: The UMT Act, 49 UB.C. 1601. F. Chronology: ANPRM to be prepared and issued by September 1978.
G. Citation: None.
Urban Transportation Planning Proc- A. Description: Revisions to these regulations may include: (1) ess, and Transportation Improve- Periodic rather than annual certification. (2) Elimination of ment Program.
narrative discussion on merging long-range and transportation systems management plan elements and inclusion of nonfederally funded project in the transportation improvement pro gram. (3) Added flexibility in initiating and selecting highway projects. (4) Implementation of planning related aspects of the 1977 amendments to the Clean Air Act (NPRM August 1978). v B. Why sign ifican t These are significant regulations since they can substantially streamline transportation planning and would have substantial impact on FHWA.
C. Regulatory analysis: Will not be required. D. Need: Continuing review has identified areas where added flexibility will not impair effectiveness. The air quality plan ning must be included in accordance with the DOT-EPA memo randa of understanding.
E. Legal basis: 23 U.S.C. 104(f)(3), 134 and 315. F. Chronology: Following agreement with FHWA and EPA with respect to air quality, proposed regulatory changes will be pre pared.
G. Citation: 23 CFR pt. 450, subpts. A and C. Environmental Procedures__________ A. Description: The Council on Environmental Quality will be is suing new procedures to implement the National Environmen tal Policy Act. These procedures will require all Federal agen cies to implement new environmental regulations. B. Why sign ifican t UMTA policy in this area may be expected to be of substantial interest to both UMTA grantees and the public.
C. Regulatory analysis: Will not be required. D. Need: To provide uniform guidance to the public and appli cants.
E. Legal basis: NEPA, CEQ regulations, and DOT order 5610.1. F. Chronology: NPRM to be issued by January 1979. G. Citation: 49 CFR pt. 617.
R. White, FR November 1978.
202-472-6991 Robert Batchelder, NPRM November 1978.
202-426-1908 Douglas Birnie, NPRM September 1978.
202-426-4060 Urban Mass NPRM November 1978.
Transportation Administration, Bob Kirkland, 202-426-4991;
Federal Highway Administration, Vincent Paparella, 202-426-2961 Daniel Duff, NPRM January 1979.
202-426-1907 FEDERAL REGISTER, V O L 43, NO . 184— THURSDAY, SEPTEMBER 21, 1978
Page 178
42948 NOTICES Urban Mass T ransportation Administration significant regulations—continued Title Summary Contact Decision date Rural and Small Urban Public Trans- A. Description: Proposed regulation would implement proposed portation.
new transportation legislation providing for a continuing pro gram of rural and small urban public transportation including operating subsidies.
B. Why sign ifican t The proposed new program involves FHWA and UMTA and impacts State and local transportation pro- UMTA, Lillian Liburdi 202-426-4050;
FHWA, Donald Morin, 202-426-0210 NTPRM November 1978.
grams.
C. Regulatory analysis: Will not be required. D. Need: The proposed regulation would implement legislation by providing for administration of the rural and small urban public transportation assistance program. E. Legal basis: Proposed legislation. F. Chronolgy: A DOT rural and small urban working group is now summarizing the policy issues for the proposed program. Field trips are now in progress for Federal officials to visit States and rural and small urban projects. The NPRM is to be published in November 1978.
O. Citation: No CFR citation as yet.
NONSIGNIFICANT REGULATIONS Charter and School Bus Regulations These regulations provide more detailed information regarding Prentis Cook, NPRM October 1978.
(49 CFR Pt. 604 and Pt. 605).
the restrictions placed on charter and school bus operations in 202-426-1906 sec. 3(f) and 3(g) of the UMT Act, 49 UJ3.C. 1601. UMTA has received considerable comment as a result of a NPRM dated Jan. 25,1977, and it is now planning to issue another NPRM for comment.
Saint Lawrence Seaway Development Corporation Rules of Procedure of the Joint Nonsignificant regulations: Revision of joint United States-Cana- Review Board.
dian procedures for the appeal of the classification of a particu lar commodity under the joint Seaway tariff of tolls. FR Issued July 1978 (43 FR 30538).
Operational Regulations........................ Routine and frequent Annual update of operational regulations developed for the most part jointly with Seaway Authority of Canada.
Robert D. Kraft, 202-426-3574 Frederick A. Bush, 315-764-0271 Action complete.
March 1979.
R esearch and Special Programs Administration SIGNIFICANT REGULATIONS Highway Routing of Radioactive Ma terials.
Development of New Standards for Transportation of Hazardous Waste Materials (Docket No. HM-145A).
Development of new standards for LNG faculties (docket No. OPSO- 46).
A. Description: This regulation would establish routing require ments for the highway carriage of radioactive materials. B. Why sign ifican t There is substantial public interest and con troversy over the regulation and it would have significant impact on another operating administration. C. Regulatory analysis: WÜ1 not be required. D. Need: To generate pubUc comments which will aid in deciding whether additional Federal routing requirements are necessary for the highway transportation of radioactive materials. E. Legal basis: 49 U.S.C. 1803,1804, and 1808. F. Chronology: Administrative ruling: Published a public notice and invitation to comment on Aug. 15, 1977 (42 FR 41202); public hearing was held on Nov. 10, 1977 (42 FR 54487); ruling published Apr. 20, 1978 (42 FR 16954); rulemaking: targeted date of issuance of NPRM July 1979: targeted date of final rule, July 1980.
G. Citation: 49 CFR pt. 177.
A. Description: Would establish new standards and procedures for the transportation of hazardous waste materials. B. Why sign ifican t This regulation would have a significant impact on the operating administrations and another Federal agency.
C. Regulatory analysis: Will not be required. D. Need: These standards are necessary to govern the transporta tion of hazardous waste materials and to provide consistency with the hazardous waste materials regulations to be promul gated by EPA under the Resource Conservation and Recovery E. Legal basis: (49 U.S.C. 1803,1804, and 1808). F. Chronology: NPRM jointly developed with EPA, public hear ing held on Oct. 26, 1977 (42 FR 51625); NPRM issued May 25, 1978 (43 FR 22626); public hearing on NPRM held on June 20, 1978 (43 FR 22626); targeted date of final rule to be issued March 1979.
G. Citation: 49 CFR pts. 171,172,173,174,175,176, and 177. A. Description: Comprehensive new standards would be proposed for the siting, design, construction, operation, and maintenance of LNG facilities.
B. Why sign ifican t There will be substantial public interest and controversy over this regulation.
C. Regulatory analysis: Will not be required. D. Need: The concerns of Federal, State, and local agencies over LNG safety.
E. Legal basis: 49 U.S.C. 1672.
D. Crockett, 202-755-4972 A. Roberts, 202-426-0656 P. Hammond, 202-426-0135 ANPRM August 1978.
FR March 1979.
NPRM December 1978.
FEDERAL REGISTER, VOL 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 179
NOTICES 42949 R esearch and Special Programs Administration—Continued significant regulations—continued Title Summary Contact Decision date P. Chronology: ANFRM (42 PR 2077«) Apr. 21, 1977, closing date for comments December 1977. NPRM (siting and design) De cember 1978. NPRM (construction, operation, and mainte nance) March 1979, Final rules (siting and design) August 1979. Final rules (construction, operation, and maintenance) Decem ber 1979.
Q. Citation: 49 CFR pt. 193 (new).
NONSIGNIFICANT REGULATIONS Retrofit Program for DOT 112 and Consideration of possible changes in the current schedule to re- 114 Tank Cars (docket No. HM-144).
trofit DOT 112 and 114 tank cars with safety devices. NPRM issued May 1978 (49 CFR pt. 179). PR issued July 1978 (43 PR 30057).
Repairs and Maintenance of Vehicles Would establish conditions under which repair and maintenance (docket No. HM-110).
may be performed on motor vehicles containing hazardous ma terials (49 CFR 177.854).
Intermodal Portable Tank............... Proposed standards for new specifications for portable tanks and procedures for use of these portable tanks for certain hazard ous materials (hew sections, pt. 178). Location of Manhole Assemblies and Would specify the location of a manhole assembly on a cargo Certification Plates on Cargo Tanks tank and authorize the attachment of certification plates to an (docket No. HM-136).
integral supporting structure of certain cargo tanks (49 CFR 178.337,178.340).
1 Review: Recodification of radioactive Proposed consolidation, simplification and recodification of the requirements.
existing requirements applicable to the transportation of radio active materials (new pt. 127).
Blasting Agents (docket No. HM-143). Proposed new standards for the transportation of blasting agents (49 CFR 173.96).
Transportation of Asbestos (docket Proposed standards to control asbestos emissions during trans- No. HM-160).
portation (49 CFR 172.101,173.1090).
Safety Improvement Program for Consideration of possible changes to current safety performance DOT 105 Tank Cars.
standards of DOT 105 tank cars (49 CFR pt. 179>. Color Coding of Compressed Oas Reconsideration of color standard to be applied to compressed Packages (docket No. HM-141).
gas cylinders as a safety measure (49 CFR pt. 172), Commercial Detonators and Detonat- Proposed standards for establishing appropriate shipping descriping Primers (docket No. HM-161).
tions and hazard classifications for many detonators which are currently used in commercial service; NPRM issued May 1978 (49 CFR 172.101).
Use of Metric System...................... Proposal to allow the use of metric system of measurements in place of the present U.S. liquid measure and the avoirdupois weight measurement. NPRM issued June 1978 (49 CFR 173.26). Cryogenic Liquids (docket No. HM- Proposed standards and procedures for the transportation of 115).
cryogenic liquids (49 CFR 172.101,173.316). Operating Safety Concerns for Air- Proposed standards for the safe operation of aircraft having cercraft.
• tain hazardous materials aboard (49 CFR pt. 175). Availability of Shipping Papers to Proposal to require shipping papers covering hazardous materials Emergency Response Personnel.
to be made available by train crew to emergency personnel (49 CFR 174.24).
Use of United Nations Materials Proposed incorporation of shipping descriptions and serial num- Shipping Terminology /Numbers.
bers from United Nations regulations covering the transport of dangerous goods (49 CFR 172.101). ' Definition of a Flammable Solid Proposed new standards for classifying a material as a flammable (docket No. HM-118).
solid (49 CFR 173.150) Radiation Exposure of Transporta- Consideration of methods which will reduce radiation exposure tion Workers.
levels to transportation workers (new sections). Requirements for Radioactive Mate- Proposed revision of certain sections of pt. 175 which will reduce rials (docket No. HM-152).
the exposure to radioactive materials for passengers aboard air craft (49 CFR pt. 175).
Forbidden Materials (docket No. HM- Proposed standards to add the names of materials to the hazard- 159).
„ - , ous materials table that are known to be too hazardous to be permitted in commercial transportation (49 CFR 172.101). Review: Recodification of Operating Proposed simplification and recodification of the existing operat- Procedures for Motor Vehicles.
ing procedures for transportation of hazardous materials by motor vehicles as prescribed in pt. 177 (49 CFR pt. 177). Revision of Certain Requirements Proposal to require labeling of excepted radioactive materials Applicable to Radioactive Materials, packages and notation on shipping papers regarding losses of radioactive shipments. This proposal has been reconsidered; no regulations are being developed.
Qualification and Design of Steel The manufacturing and design requirements for steel pipe (in- Pipe (docket No. 77-10).
eluding grade X-70) in the 1977 editions of API5LX and API 5LS would be incorporated by reference. FR issued May 1978 (49 CFR pts. 192, 195).
Safety Plans for Normal Operations Criteria would be proposed to govern a carrier’s plans for preand Emergencies for Pipelines Carventing and handling emergencies for pipelines carrying highly rying Highly Volatile Liquids, e.g., volatile liquids (LPG/NH,).
LPG/NH» (49 CFR pt. 195) (project No. 175-7).
Standards to Reduce Spill Size Risks, Valve spacing or other requirements would be proposed to mini- Associated with Pipeline Transpormize the amount of commodity or vapor that can spread into tation of Highly Volatile Liquids populated areas in évent of a spill (49 CFR pt. 195). Sbch as Liquid Petroleum Gas (project No. 173-7).
W. Black, 202-426-2748 Action complete.
J. Homing, 202-755-4902 FR August 1978.
E. Altemos, 202-426-0656 NPRM September 1978.
J. Homing, 202-755-4902 FR August 1978.
R. Rawl, 202-426-2311 NPRM September 1978.
C. Schultz, 202-755-4906 A Roberts, 202-426-0656 W. Black, 202-426-2748 P fip Q V 202-755-4906 C. Schultz, 202-755-4906 FR September 1978.
Do.
NPRM September 1978.
Withdrawal September 1978.
FR October 1978.
A Roberts, 202-426-0656 Do.
P. Seay, 202-755-4906 L. Metcalfe, 202-755-4902 J. Homing, 202-755-4902 NPRM November 1978.
Do.
Do.
E. Altemos, 202-426-0656 NPRM December 1978.
C. Schultz, 202-755-4906 R. Rawl, 202-426^2311 NPRM March 1979.
Do.
C. Schultz, 202-755-4906 NPRM February 1979.
D. Goodman, 202-426-1700 NPRM March 1979.
A Grella, 202-426-2311 Action complete.
P. Cory, 202-426-2082 Do.
.....do .......................___;... NPRM August 1978. F. Robinson, NPRM August 1978.
202-426-2082 FEDERAL REGISTER, VOL 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 180
42950 NOTICES R esearch and Special Programs Administration—Continued NONSIGNIFICANT REGULATIONS—continued Tlt,e Summary Contact Decision date Joining and Testing Plastic Pipe Requirements Involving joining procedures, personnel training, or P. Cory, n p r m ¡September 1978, (project No. 178-8).
field tests would be proposed to assure the integrity of plastic 282-426-2082 pipe joints (49 CFR pt. 192).
¿si Standards to Reduce Pipeline Failure Testing or operating requirements would be proposed to assure O. Mocharko, NPRM October 1978.
Rates in Pipelines Carrying Highly the safe operation of existing pipeline transporting highly vola- 202-426-2082 Volatile Liquids (LPC/NH,) (project tile liquids (49 CFR pt. 195).
No. 82-41).
Y System Failure Warning (docket No. Advance notice of proposed rulemaking on use'of telemetry for L. Furrow, Withdrawal September OPS-29).
pressure or flow measurements to warn of system failure would 202-426-0135 1978.
be withdrawn (49 CFR pt. 192).
Definition of “Gathering Line” Notice of proposed rulemaking to redefine the term “gathering ....do... „.......... ......... .... Do.
(docket No. OPS-31).
line” would be withdrawn (49 CFR pt. 192). Corrosion Control (project No. 176-7). Changes would be proposed to current cathodic protection re- G. Mocharko, NPRM August 1978.
quirements to alleviate compliance burdens (49 CFR pt. 192). 202-426-2082 Requirements for Reporting Gas In- The present reporting forms would be revised to provide addition- A. Garcia, FR November 1978.
cidents (docket No. OPS-49).
al and more appropriate information about gas safety problems 202-426-2082 and to require reports from certain systems not now covered. NPRM issued June 1978 (49 CFR pt. 191). ROUTINE AND FREQUENT NONSIGNIFICANT REGULATIONS Conversion of Individual Exemptions NPRM approximately every 3 mo.; with FR targeted approxi- D. Raines, June 1978 to June 1979.
to Regulations af General Appliesmately 2 mo. thereafter.
202-755-4962 bility (docket No. HM-139).
Minor Regulatory Adjustments to NPRM approximately every 4 mo.: with FR targeted approxi- ......do.............._________.... June 1978 to June 1979 Regulations of General Applicabilmately 2 mo. thereafter.
« ity (docket No. HM-DOD).
Matter Incorporated by Reference NPRM every 6 mo.; with FR targeted 2 mo.; thereafter. J. Homing, June 1978 to June 1979 (docket No. HM-22).
202-755-4902 Withdrawal of certain delegations of Prior responsibilities delegated to the Bureau of Explosives would D. Raines, June 1978 to June 1979 authority to the Bureau of Explobe withdrawn in series of rulemaking actions. NPRM every 3 202-755-4962 sives (docket No. HM-163).
mo.; with FR targeted 2 mo. thereafter. FEDERAL REGISTER, VOL. 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 181
NOTICES 42951 D epartment of T ransportation, R egulations R eview List U.S. Coast G uard REVIEWS UNDER CONDITION Regulations selected for review Reasons for selection Contact Charges for duplicate medals and sales , of personal property, equip ment, or services and rental (33 CFR 1.26).
Delegation of authority (33 CFR 1.01).
Regulations, U.S. Coast Reserve (33 CFR pt. 8).
Boating safety: Equipment require ments—personal flotation devices (33 CFR,175.15).
Boats and associated equipment: Safe loading (33 CFR pt. 183, subpt. C).
Boats and associated equipment: Safe powering (33 CFR pt. 183, subpt. D).
Boats and associated equipment: Flo tation Standards (33 CFR pts. 90- 105).
Marine investigation regulations (46 CFR pt. 4).
Suspension and revocation proceed ings (46 CFR pt. 5).
Vessel inspection (46 CFR pt. 2)........ Regattas and marine parades (33 CFR p t 100).
Length of time since last evaluated; changing economic factors. Mr. A. Bell, 202-426-1863 Section is out-of-date and will be reviewed for possible consolida- Mr. B. Novak, tion with other related sections 202-426-2299 Length of time since last evaluated; need to reflect changed pro- Capt Grover, cedures.
202-426-2348 Length of time since last evaluated; research and development Lt Gauthier, project initiated to determine need for carriage regulations re- 202-426-4176 vision.
Length of time since last evaluated; standards may not be effec- Mr. L. Gray, tive for all boats to which these regulations apply. 202-426-4027 ......do........ .................«............................ 1.......... ........................do.............. Length of time since last evaluated; standards may be limited in ......do. applicability.
Being reviewed for purposes of simplification, clarification, and accuracy. Review completed on June 1978, and no revision is planned.
......dd............................................................................................................ Being reviewed for purposes of simplification, clarification, and accuracy.
Length of time since last evaluated; survey of district command ers will determine whether changes in existing regulations are needed.
CDR Whaley, 202-426-1455 Ledr O’Pezio, 202-426-2215 Lcdr Anderson, 202-426-2183 Lt Gauthier, 202-426-4176 Federal Aviation Administration REVIEWS UNDER CONSIDERATION Decision date October 1978.
Do.
December 1978.
August 1980.
January 1979.
January 1980.
August 1980.
December 1978.
Do.
Objects affecting navigable airspace These regulations were selected for review to determine whether (14 CFR pt. 77).
the requirements for evaluation of objects intruding into the navigable airspace need to be clarified and to determine the FAA’s proper role and functions in obstruction evaluation. A decision was made to proceed with regulatory development. For further information regarding this item see the FAA’s portion of the agenda for nonsignificant regulations. Rotorcraft review These regulations were selected for review to determine the need for (1) developing IFR airworthiness standards for rotorcraft certification, and (2) improving and updating the rotorcraft air worthiness requirements and operating regulations. O. E. Falsetti.
212-426-8777 Joe Sullivan, 212-755-8716 Federal Highway Administration REVIEWS UNDER CONSIDERATION October 1978.
FHWA has conducted, since 1977, reviews of all the regulations in Dennis Judycki, the Federal-aid highway program manual and the Federal 202-426-0848 motor carrier safety regulations. The reviews have been com pleted. There are, consequently, no reviews currently under consideration. The FHWA portion of the agenda lists those reg ulatory actions that will be taken in the next 12 mos. as a result of the reviews.
Federal R ailroad Administration REVIEWS UNDER CONSIDERATION General safety inquiry.
Freight car safety standards (49 CFR pt. 215).
Guarantee of certificates of trustees of railroads in reorganization (pur suant to the Emergency Rail Ser vices Act of 1970) (49 CFR pt. 250).
FRA has initiated a general railroad safety inquiry to obtain in formation from the public to assist in evaluating and improving the effectiveness of its safety regulatory program. A series of public hearings, each focused on a single regulatory topic cov ered by FRA regulations, will be held throughout the remain der of 1978. See 43 FR 19696 for a listing of the topics to be cov ered and the hearing dates.
A large number of complaints and petitions have been received relative to these regulations. The railroad industry alleges that parts of these regulations are not truly safety requirements. Amendments could incorporate new safety requirements based on laboratory and service tests as well as operating experience. This program is likely to become active again due to the July 1, 1978 repayment of $50 million in trustee certificates by the Penn Central trustees. The regulations will be reviewed to de termine whether the information requirements should be modi fied to make them consistent with the regulation issued under FRA’s other loan guarantee program. (49 CFR pt. 260). Rolf Mowatt-Larssen, 202-426-0924 Philip J. Brannighan, 202-426-9186 Robert Vermut, 202-426-7737 Completion December 1978.
Completion Juno 1979.
August 1978.
FEDERAL REGISTER, VOL. 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 182
42952 NOTICES Federal R ailroad Administration—Continued reviews under consideration—continued Regulations selected for review Reasons for selection Contact Decision date Nondiscrimination on federally assist ed railroad programs (49 CFR pt. 265).
Loans under the Emergency Rail Fa cilities Restoration Act (49 CFR pt. 252).
Payments to trustees of railroads in reorganization for the continued provision of essential transporta tion services pursuant to sec. 213(a) of the Regional Rail Reorganiza tion Act of 1973 (49 CFR pt. 253). Agreements pursuant to sec. 215 of the Regional Rail Reorganization Act Of 1973 (49 CFR pt. 254). Acquisition and modernization loan assistance (49 CFR pt. 257). Assistance to State, local and regional transportation authorities in the northeast region for continuation of local rail services (49 CFR pt. 255).
In working with the “sec. 905“ regulations regularly for a year or more, FRA has found that there are inconsistencies in defini tions compared with other Federal regulations and programs concerned with barring discrimination against minorities. Fur ther, although the regulations cover the northeast corridor im provement project (“NECIP"), they are not written to accom modate a construction contract program, making application of the regulations to the NECIP needlessly cumbersome and diffi cult. Further, consideration is being given to developing criteria for determining “bona tides” of minority businesses. The programs to which these regulations apply have accom plished their purpose and been terminated. Termination notice issued June 1978.
....do...... .................................... ..................... .................... Rufus Watson.
202-472-5438 Jeffery Mercer, 202-426-7737 ...do....„.......... .
% .do.
do.
The authority for these regulations is found in secs. 402 and 403 of the Regional Rail Reorganization Act of 1973. Those sections were repealed as of Apr. 1, 1978, pursuant to sec. 806 of the Railroad Revitalization and Regulatory Reform Act of 1976. This program has never been funded and is inactive. Termina tion notice issued June 1978. Sec. 402 of the Regional Rail Reorganization Act of 1973 was re pealed as of Apr. 1, 1978. Because grants entered into prior to Apr. 1, 1978 are still in effect and subject to the regulations« a determination will be made as to when 49 CFR pt. 255 will be repealed after the grants have expired. Patrick O’Driscoll, 202-426-7710 Larry Friedman.
202-426-7710 September 1978.
Action complete Do.
Do.
Do.
Expiration of sec. 402 grants—June 198L National Highway T raffic Safety Administration REVIEWS UNDER CONSIDERATION Air brakes (49 CFR 571.121)............. Hydraulic brakes (49 CFR 571.105)... Lamps, reflective devices and associ ated equipment(49 CFR 571.108). Motorcycle brakes (49 CFR 571.122)... Head restraints (49 CFR 571.202)...... Seating systems (49 CFR 571.207)..... Child seating systems (49 CFR 571.213) .
Occupant protection (49 CFR 571.213) .
Active belts.......... ................... Passive belts........................... . Air cushion restraint or other pas sive systems.
Side door strength (49 CFR 571.214)... Exterior protection (49 CFR 571.215 and 49 CFR pt. 581).
Fuel system integrity (49 CFR 571.301).
School bus protection (49 CFR 571.220).
School bus body joint strenght (49 CFR 571.221).
School bus seating system (49 CFR 571.222).
Cost, safety benefits, and public interest Cost and safety benefits....................... ....do................................................. ....do.................. ...... ........................ Costs............................. ................... ....do................................................. Public interest........ ........................... Cost, safety benefits, and public interest Public interest.................................... Cost and public interest....................... Cost, safety benefits, and public interest Public interest....................... ............ ....do............ ............. .......... ............. ....do................................................. Frank Ephraim, 202-426-1574 ...do..................
...do.................
...do.................
...do........... .....
...do.................
...do..................
...do..................
Frank Ephraim, 202-426-1574 ...do............. .
...do.................
...do.............. .
...do.................
..Ido.................
April 1979.
December 1980.
Do.
Do.
Do.
Do.
Preliminary review December 1980.
Do.
August 1979.
Preliminary review April 1978.
Preliminary review 1985.
August 1979.
April 1980.
August 1978.
Preliminary review December 1980.
Do.
December 1980.
Urban Mass Transportation A dministration REVIEWS UNDER CONSIDERATION Charter and school bus regulations UMTA has received considerable comment as a result of a NPRM Prentis Cook, NPRM October 1978.
(49 CFR pt. 604 and pt. 605). dated Jan. 25, 1977, and it is now planning to issue another 202-426-1906 NPRM- for comment. For further information see the UMTA portion of the agenda for nonsignificant regulations. FEDERAL REGISTER, VOL. 43, NO. 184—THURSDAY, SEPTEMBER 21, 1978
Page 183
NOTICES ' 42953 St. La whence Seaway Development Corporation REVIEWS UNDER CONSIDERATION Regulations selected for review Reasons for selection Contact Decision date Rules of procedure of the Joint Tolls Recent agreement between United States and Canada changed Advisory Board (33 CFR pt. 403).
role of this bilateral committee. Rules of procedure to be changed to reflect this. Review completed. Final rule published July 1978. For further information see SU3DC portion of the agenda for nonsignificant regulations. R esearch and Special Programs Administration REVIEWS UNDER CONSIDERATION Shippers—general requirements for shipments and packagings (49 CFR pt. 173):
Matches (49 CFR 173.176).......... Due to inquiries requesting an interpretation of this section and J. Nalevanko, 202-755to eliminate the possibility of noncompliance based on a misunderstanding of the requirements, there is a need to simplify and clarify present standards.
Electric storage batteries, wet (49 ....do.............................................. .............................................do.......................... CFR 173.360).
Charcoal (49 CFR 173.162)............. ......do................... ............................. ..... .................... ................ do.................... .,.... Welding of steel in gas pipelines (49 Present requirements to be examined in light of changes in tech- ......do......................... . CFR pt. 192, subpt. E).
nology.
Maintenance of gas pipelines (49 CFR The performance required by the maintenance standards needs ......do... ................ pt. 192, subpt. M).
clarification as indicated by extent of interpretations generated by these standards.
January 1979.
February 1979.
Do.
December 1979.
Do.
[FR Doc. 78-26053 Piled 9-20-78; 8:45 am]