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RULES AND REGULATIONS

- Title 38-Pensions, Bonuses and Veterans'

Relief

CHAPTER I-VETERANS

ADMINISTRATION

PART 36-LOAN GUARANTY

Maximumnterest Rate

AGENCY: Veterans Administration.

ACTION: Final regulations.

SUMMARY: The amended regulations will increase the maximum permissible interest rate on new gualranteed, insured

and direct loans.-

The Administrator is required to

establish a maximum- interest rate for loans guaranteed, insured or made by the Veterans Administration as he finds

the loan market demands. All recent indicators have shown that the loan

market has become more restrictive. The maximum rate in effect for VA guar- anteed loans has not been sufficiently coxhpetitive to induce private sector

lenders to make VA guaranteed or insured loans without imposing substanial

discounts. To assure a continuing supply of funds for home mortgages through the

VA Loan Guaranty program it has been

determined that an increase in the

-maximum permissible rate is necessary. The increased return to the lender will make VA loans competitive with other

available investments and assure a con- tinuing supply of funds for VA guaran- teed and insured mortgages. At. present no change is being made in the maximum interest rate applicable to

the mobile home loan program except as to loans to purchase mobile home lots.

The lender's return on these loans appears competitive with other forms of consumer financing to which this type of loan is comparable and no change inrate is justified at this time.

A loan to purchase a mobile home lot

is similar to other real estate loans, and

for the purpose of assuring a continuing supply of funds and consistency with

other real estate programs, the rate on these loans is also being increased.

EBECTIVE DATE: May 31, 1977.

FOR FURTHER INFORMATION CONTACT:

" Mr. George D. Moerman, Loan Guaranty Service (264), Department of

Veterans Benefits, Veterans Administration, 810 Vermont Ave. NW., Wash:-

ington, D.C. 20420 (202-389-3042).

SUPPLEMENTARY INFORMATION:

The increase in the maximum allowable

rate of interest is accomplished by amending §§ 36.4212(a) (2) and (3), 3

6.4311(a) and 36.4503(a), Title 38, Code

of Federal Regulations. Compliance with the procedure for

publication of proposed regulations prior to final adoption is waived because com- pliance would create an acute shortage of mortgage funds pending the ultimate

final date which would necessarily be

more than 30 days after publication in

proposed form.

1. In § 36.4212, paragraph (a) (2) and

(3) is revised to read as follows:

§ 36.4212 Interest rates and late chmrges.

(a) The interest rate charged the

borrower on a loan guaranteed pursuant

to 38 U.S.C. 1819 may not exceed the

following maxima except on loans

guaranteed or insured pursuant to

guaranty or insurance commitments

issued by the Veterans Administration

prior to May 31,1977. a a a a

(2) 814 percent simple interest per annum for that portion of the loan which

finances the purchase of a lot and the

cost of necessary site preparation, of any.

(3) 8% percent simple interest per annum on that portion of a loan which

will finance the cost of the site prepara- tion necessary to make a lot owned by the veteran acceptable as the site for

the mobile home purchased with the

proceeds of the loan except that a rate

of not to exceed 12 percent may be

charged if the portion of the loan to pay for the cost of such necessary site

preparation does not exceed $2,500.

2. In § 36.4311, paragraph (a) is re- vised to read as follows:

§ 36.4311 Interest rates.

(a) Excepting loans guaranteed or insured pursuant to guaranty or insurance

commitments isswued h-. the Vet,

Administration wh

rate in excess of

annum, effective I

terest rate on any insured *holly orb

date may not excee annum on the unp a a

3. In § 36.4503, vised to read as fol,

§ 36.4503 Anioun

(a) The original

any loan made on 1976, shall not exc bears the same ra amount of the gu. veteran is entitled

at the time the lo

$17,500. This limit

clude the making o proper, subsequent

loan pursuant to

§ 36.4511. Loans m Administration sha

rate of 8,S percent

Approved: May 2

By direction of th

.Rx

Dep

[FR DOC.77-15883

28883

Title 40-Protection of Environment

CHAPTER I-ENVIRONMENTAL

PROTECTION AGENCY

SUBCHAPTER C-AIR PROGRAMS

iFRL 730-81

PART 52-APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

Approval of Revisions to the Great Basin

Unified Air Pollution Control District's Rules and Regulations for Alpine, Inyo, and Mono Counties in the State of

California

AGENCY: Environmental Protection

Agency.

ACTION: Final rulemaking.

SUMMARY: It Is the purpose or this

action to promulgate final approval of

revisions to the Great Basin Unified Air

Pollution Control District's Rules and

Regulations with the exception of regu- lations concerning new source review,

emergency episodes, and malfunction.

Pursuant to section 110 of the Clean

Air Act, as amended, and 40 CFR Part

51, the Administrator Is required to approve or disapprove the regulations as

State Implementation Plan revisions.

The Administrator finds good cause for

making this rulemaking effective inmediately since the regulations being approved are currently being enforced

by the State and local air pollution control agencies, and therefore pose no

further requirement on any affected

faciLU,.

Ich specify an interest EFFECTIVE DATE: June 6, 1977.

8% per centum per FOR FURTHER INFORMATION CONday 31, 1977, the in- TACT:

loan guaranteed or Frank M. Covington, Director, Air n part on or after such and Hazardous Materials Division, En- ed 8 1, per centum per vironmental Protection Agency, Re- aid principal balance. gion IX; Attn.: David R. Souten, Chief, a a a California SIP Section, Air Programs paragraph (a) is re- Branch, 100 California Street, San ows: Francisco, CA 94111 (415-556-7288).

t and amortization. SUPPLEMENTAL INFORMATION: On

principal amount of July 25, 1973, revisions to the Alpiie

County, Inyo County, and Mono County or after October 1, Air Pollution Control Districts' (APCD) ed an amount which Rules and Regulations were submitted tio to $33,000 as the to EPA. On July 1, 1974, these Counties aranty to which the joined together to form the Great Basin under 38 U.S.C.. 1810 Unified APCD. On January 10, 1975, and an s made bears to April 21, 1976, revised Rules and Regua- ation shall not pre- tions for the Great Basin Unified APCD f advances, otheivwise were submitted to EPA. These revisions to the making of the were submitted by the California Air the provisions of Resources Board for inclusion in the ade by the Veterans California -State Implementation Plan

U1 bear interest at the (SIP). On March 24, 1977 (42 FR

per annum. 15926), EPA proposed approval of the

April 21. 1976: submission since it super- seded all previous submissions.

6, 1977. The Proposed Rulemaking Notice pro- e Administrator. vided for a 30-day public comment

Period. No comments were received on YFus H. WILSON, the changes being acted on in this final uty Administrator. rulemaking notice. A descriptiod' or the

'led ;-3-77;8:45 am] regulations being acted on In this ruleFEDERAL REGISTER, VOL 42, NO. 108-MONDAY, JUNE 6, 1977

HeinOnline -- 42 Fed. Reg. 28883 1977
28884

making is available in the Proposed

Rulemaking Notice.

This action also rescinds the current

disapproval notice and substitute regulation for the Great Basin Unified

APCD in 40 CFR 52.224 (a) and (b).

The California Air Resources Board

has certified that the public hearing requirements of 40 CPR 51.4 have been

satisfied.

(Sec. 110 of the Clean Air Act, as amended

(42 U.S.C. 1857c-5).)

Dated: May 27, 1977.

DOUGLAS M. COSTLE,

Administrator.

Subpart F of Part 52 of Chapter 1,

Title 40 of the Code of Federal Regulations is amended as follows:

Subpart F-California

1. Section 52.220, paragraph (c) is revised as follows:

§ 52.220 Identification of

e)* * *

plan.

RULES AND REGULATIONS

Title 45--Public Welfare

CHAPTER If-SOCIAL AND REHABILITATION SERVICE (ASSISTANCE PROGRAMS), DEPARTMENT OF HEALTH,

EDUCATION, AND WELFARE

PART201--GRANTS TO STATES FOR

PUBLIC ASSISTANCE PROGRAMS

Repayment of Federal Funds by

Installments

AGENCY: Department of Health, Education, and Welfare (HEW).

ACTION: Final regulation.

SUMMARY: This new regulation will

permit State agencies owing significant

amounts of Federal funds to repay them

by installments over a period up to 3

years. The regulations apply when hardship would result from immediate repayment of the entire amount. The policy

was developed in response to State

agency requests. It will avoid potential

adverse impact on the assistance programs.

EFFECTIVE DATE: The regulation will

be effective on June 6, 1977.

* " * " FOR FURTHER INFORMATION CONt21) * * - -

(xxiv) Alpine County APCD:

(A) Rules 1.1 to 1.5, 2.1 to 2.12, 3.1 to

3.3, 4.1 to 4.11, 5.1 to 5.18, and Agricultural Burning Implementation Plan.

(xxv) Inyo County APCD:

(A) Rules 1.1 to 1.5, 2.1 to 2.12, 3.1 to,

3.3, 4.1 to 4.12, 5.1 to 5.18, and Agricultural Burning Rules and Regulations.

(xxvi) Mono County APCD:

(A) Rules 1.1 to 1.5, 2.1 to 2.12, 3.1 to

3.3, 4.1 to 4.11, 5.1 to 5.18, Regulation VI,

Regulation VII, and Agricultural BurnIng Rules and Regulations.

o 4 * * *

- (23) * * *

(ii) Mono County APCD:

(A) Rules 2.8-1 and 2.9.

(26) * * *

(xiii) Great Basin Unified APCD:

(A) Rules 1.1 to 1.5, 2.1 to 2.12, 3.1 to

3.11, 4.1 to 4.12, and 5.1 to 5.18.

(31) * (t) * * C

(A) *

(B) Rules 100 to 107, 215, 300 to 303,

400 to 402, 404 to 413, 416 to 421, 500 to

501, 600 to 616, and 800 to 817.

2. Section 52.224, paragraph (a) is revised as follows:

§ 52.224 General requirements.

(a) .0 * *

(7) Great Basin Valleys Intrastate:

(1) Great Basin Unified APCD.

S * * * *

lPR Doc.77-15820 Piled 6-3-77:8:45 amnl

TACT:

Kent Dickson, area code 202-245-1738

SUPPLEMENTARY INFORMATION:

Notice of proposed rulemaking was published on January 19, 1977 (42 FR 13664)

with opportunity for public comment

thrcugh March 7, 1977. A single comment, from a State agency:

1. Pointed out that the regulation does

.not specify payment amounts; and

2. Suggested that a standard form be

developed to track repayments. The Department prefers to leave States free to

set payments at or above the established

minimums and to use whatever controls

are appropriate to their accounting systems.

The purpose of the regulations is to

prevent fiscal hardship on States, and to

avoid the possibility that they might be

forced to cut back the public assistance

programs ,and thus adversely affect

beneficiaries of those programs.

The basis for the regulationis the Department's belief that the policy will enable States to operate their programs

more effectively, No change has been

made in iesponse to the single comment.

The regulation, as proposed, is adopted.

45 CPR Part 201 is amended by adding

a new § 201.66 to read as follows:

§ 201.66 Repayment of Federal funds

by installments.

(a) Basic Conditions. When a State

has been reimbursed Federal funds foi

expenditures claimed under titles I, IVA, VI, X, XV, XVI (AABD), XIXor X2

which are later determined to be unallowable for Federal financial participation, the State may make repayment ol

such Federal funds in installments provided:

(1) The amount of the repayment exceeds 21/2 percent of the estimated annual

State share for the program in which

the unallowable expenditure occurred as

set forth in paragraph (b) of this section; and

(2) The State has notified the Regional Commissioner In writing of Its intent to make installment repayments.

Such notice must be given prior to the

time repayment of the total was otherwise due.

(b) Criteria governing installment repayments. (1) The number of quarters over which the repayment of the total

unallowable expenditures will bb made

will be determined by the percentage the

total of such repayment Is of the estimated State share of the annual expenditures for the specific program

against which the recovery Is made, as

follows:

Total repayment amount Number of as percentage of State quarters

share of annual expenditures to make

for the speciflc program repayment

2.5 pat. or less ---------------------- 1

Greater than 2.5, but not greater than

Greater than 5, but not greater than

7.5 ------------------------------ 3

Greater than 7.5, but not greater than

10 ------------------------------ 4

Greater than 10, but not greater than

15 -------------------------------- 5

Greater than 15, but not greater than

20 -.---------------------------- 6

Greater than 20, but not greater than

25 ---------------------------- 7

Greater than 25, but not greater than

30 ------------------------------ 8

Greater than 30, but not greater than

47.5 ------------------------- --- 0

Greater than 47.5, but not greater than

65 ------------------------------ 10

Greater than 65, but not greater than

82.5 ----------------------------- 11

Greater than 82.5, but not greater than

100 --------------------- ------- 12

The quarterly repayment amounts for

each of the quarters In the repayment

schedule shall not be less than the following percentages of the estimated

State share of the annual expenditures

for the program against which the recovery is made.

Repayment

installment

may not be

less than

For each of the these

following quarters: percentages

lto4 ----------------- ------- 2.5

5 5to8 ------------------------- 5.0

9 to 12 ----------- ------------ 17.'5

If the State chooses to repay amounts

representing higher percentages during

the early quarters, any corresponding

reduction In required minimum per- centages would be applied first to the

last scheduled payment, then to the

next to the last payment, and so forth

as necessary.

FEDERAL REGISTER, VOL. 42, NO. 108-MONDAY, JUNE 6, 1977

HeinOnline -- 42 Fed. Reg. 28884 1977
RULES AND REGULATIONS

(2) The latest SRS-OA-25 submitted

-by the State shall be used to estimate

the-State's share of annual expenditures

for the specific program in which the

unallowable expenditures occurred. That

estimated share shall be the sum of the

State's share of the estimates <as shown on the latestSRS-OA-25) for four quarters, beginning with the quarter in'

which the first installment is to be paid.

(3) In. the case of a program terminated by law or by the State, the actual

State share-rather than the estimateshall be used for determining whether

the amount of the repayment exceeds

2 IS% of the annual State share for the

program. The annual State share in

these cases will be determined using

payments computable for Federal funding as reported for the program by the

State on its -Quarterly Statement of

Expenditures (SRS-OA-41) reports

submitted for the last four quarters preceding the date on-vhich the program was terminated. -

(4) Repayment shall be accomplished

through adjustment in the quarterly

grants over the period-covered by the

repayment schedule.

(5) The amount of the repayment for

purpose of-paragraphs (a) and (b) of

this section may not include any amount

previously approved -for installment re- payment.

(6) The repayment schedule may be

extended beyond 12 quarterly installments if the total repayment amount ex- ceeds 100% of the estimated State share

of annual expenditures.

In these circumstances, the criteria in

paragraphs (b) (1) and (2) or (3) of

this section, as appropriate, shall be followed for repayment of the amount equal

to 1007 of the annual State share. The

remaining amount of the repayment

shall be in quarterly amounts not less

than those for the 9th through 12th

quarters. (7) The amount of a retroactive claim

to be paid a State will be offset against

any amounts to be, or already -being,

repaid by the State in installments, un- der the same title of the Social Security

Act. Under this provisibn the State may

choose to:

(i) Suspend payments until the retroactive claim due -the State has, in fact,

been offset; or (ii) Continue payments until the reduced amount of its debt (remaining

after -tbe offset), has been paid in full.

This second option would result in a shorter payment period.

A retroactive claim -for the purpose

of this regulation is a claim al;plicable

to any period ending 12 months or more prior to the beginning of the quarter in

.which the payment is to be made by the

Service.

(8) Interest on repayments will not be

charged unless mandated by court order.

(Sec. 1102, 49 Stat. 647 (42 U.S.C. 1302).)

(Catalog of Federal Domestic Assistance Programi Nos. 13.714--Medical Assistance Program; 132724-Publlc Assistance-State and

Local Training; 13.748-Work Incentivo Program-Child Care-Employment Related

Supportive Services: 13.754-Publlc Asaistance-Social Services; 13.7l1-Publlc As-stance-Maintenance Assistance (State Aid):

and 13.711--Social Services for Low Income

and Public Assistance Recipients.)

NoTr Tho Department had determined

that this document does not require preparation of an Inflatonary Impact Statement

under Executive Order 11821 and OMB Circular A-107.

Dated: June 1, 1977.

JOSEPH A. CALIFAvO, Jr..

Secretary.

IFR Doc.77-15905 Flied &-3-77;8:45 am]

CHAPTER Ill-OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT

ENFORCEMENT PROGRAM), DEPARTMENT OF HEALTH, EDUCATION, AND

WELFARE

PART 304-FEDERAL FINANCIAL

PARTICIPATION

Repayment of Federal Funds by

Installments

AGENCY: Office of Child Support Enforcement, HEW.

ACTION: Final regulation.

SUMMARY: This new regulation will

permit State agencies owing significant

amounts of Federal funds to repay them

by installments over a period up to 3

years. The regulation applies when hardship would result from immediate re- payment of the entire amount. The policy was developed in response to State

agency requests. It will avoid potential

adverse impact on the child support en- forcement program.

EFFECTIVE DATE: The regulation is

effective on June 6, 1977.

FOR FURTHER INFORMATION CONTACT:

Suzanne AT. Duval, 202-472-4510.

SUPPLEMENTARY INFORMATION:

Noti:e of proposed rulemaking was published en January 19, 1977 (42 FR 3663)

with opportunity for public comment

through March 7. 1977. A single com- ment from a State agency suggested that

the method and the amount of repayment which qualifies for installments be

open to negotiation.

The Department prefers to establish a minimum repayment schedule and leave

States free to set payments at or above

the established minimum.

The purpose of the regulation is to

prevent fiscal hardship on States, and to

avoid the possibility that they might be

forced to cut back the child support en- forcement program and thus adversely

affect beneficiaries of this program. The

basis for the regulation is the Depart- ment's belief that the policy will enable

States to operate their programs more effectively. No change has been made in

response to the single comment. The reg-

,ulation, as proposed, Is adopted.

45 CFR Part 304 is amended by adding

a new Section 304.40 to read as follows:

2885

§ 304.40 Repayment of Federal funds

by installments.

(a) Basic Conditions. When a State

has been reimbursed Federal funds for

expenditures claimed under title IV-D.

which is later determined to be unallowable for Federal financial participation. the State may make repayment of

such Federal funds in installments provided: (1) The amount of the repayment exceeds 2, percent of the estimated annual State share of expenditures for the IV-D program as set forth

In paragraph (b) of this section; and

(2) The State has notified the OCSE

Regional RepresentativeJin writing of its

intent to make installment repayments.

Such notice must be given prior to the

time repayment of the total was otherwise due.

(b) Criteria governing installment re- Payments. (1) The number of quarters over which the repayment of the total

unallowable expenditures will be made

will be determined by the percentage the

total of such repayment is of the estimated State share of the annual expenditures for the IV-D program as follows:

Total repazment amount . Number of as percentage of State share quarters

of annual expenditures to make

for the IV-D program repayment

2.5 percent or less ---------------- 1

Greater than 2.5. but not greater than

Greater than 5. but not greater than 7.5 --

Greater than 7.5, but not greater than

10 -------------- 4

Greater than 10, but not greater than 15 

Greater than 15, but not greater than

20 6

Greater than 20. but not greater than

25 7

Greater than 25, but not greater than

30 - - --- - - a-- Greater than 30, but not; greater than

C-7.5 9

Greater than 47.5. but not greater than 65 ......_0

Greater than 65, but not greater than

82.5 I

Greater than 82.5, but rot greater than

100 -------------- 12

The quarterly repayment amounts for

each of the quarters in the repayment

schedule shall not be less than the following percentages of estimated State

share of the annual expenditures for the

program against which the recovery is

made.

Repayment

installment

may not 'be less

than these

perrentage

For each-of 'the than these

following quarters: percentages

1 to4 __ 2.5

5to8- ---- 5.0

9 to 12-__ _ 17.5

If the State chooses to repay amounts

representing higher percentages during

the Parly quarters, any corresponding

reduction in required minimum percent-"

ages would be applied first to the last

scheduled payment, then to the next to

FEDERAL REGISTER, VOL 42, NO. 103--MONDAY, JUNE 6, 1977

HeinOnline -- 42 Fed. Reg. 28885 1977
28886 RULES AND REGULATIONS

the last payment, and so forth as under Executive Order 11821 and OMB Cirnecessary. cular A-107.

(2) The latest OCSE-OA-25 sub- JOSEPH F. CALIFANO, Jr., mitted by the State shall be used to Secretary. estimate the State's share of annual expenditures for the IV-D program. That IFR Ioc.-15906 Filed 6-3-77;8:45 am]

estimated share shall be the sum of the

State's share of the estimates (as shown Title 46-Shipping

on the latest OCSE-OA-25) for four CHAPTER 1-COAST GUARD,

quarters, beginning with the quarter in DEPARTMENT OF TRANSPORTATION

which the first installment is to be paid.

(3) In case of termination of the pro- tCGD 77-006]

gram, the actual State share-rather PART 2-VESSEL INSPECTIONS

-than the estimate--shall be used for de- Reports of Casualties and Accidents

termining whether the amount of the

repayment exceeds 21/2 percent of the AGENCY: Coast Guard, DOT.

annual State share for the IV-D pro- ACTION: Final rule.

gram. The annual State share in these cases will be determined using payments SUMMARY: The Coast Guard is deleting

computable for Federal funding as re- 46 CFR 2.20-60 because the essence of

ported for the program by the State on the regulations for requiring a written

Its Quarterly Statement of Expenditures notice from the master, owner, agent, or (SRS-OA-41) reports submitted for the operator of a vessel involved in a marine

last four quarters preceding the date on casualty is contained in 46 CFR Part 4

which the program was terminated, and 33 CFR Part 173 and 174. These reg-

(4) Repayment shall be accomplished ulations are superfluous and should not

through adjustment in the quarterly be in Part 2 of 46 CFR since this part

grants over the period covered by the applies only to vessel inspections.

repayment schedule. EFFECTIVE DATE: July 6,1977.

(5) The amount of the repayment for

purpose of paragraphs (a) and (b) of FOR 'U•THER6 INFORMATION CONthis section may not include any amount TACT:

previously approved for installment re- Captain George K. Greiner, 'Marine

payment. Safety Council (G-CMC/81), Room

(6) The repayment schedule may be 8117, Department of Transportation, extended beyond 12 quarterly install- Nassif Building, 400 Seventh Street,

ments If the total repayment amount ex- S.W., Washington, D.C. 20590, (202

ceeds 100% of the estimated State share 426-1477). The principal persons inof annual expenditures. volved in drafting this rule are: LieuIn these circumstances, the criteria in tenant, Anthony Regalbuto, Project

paragraphs (b) (1) and (2) or (3) of Manager, and Mr. Michael Mervin,

this section, as apropriate, shall be fol- Project Attorney.

lowed for repayment of the amount equal SUPPLEMENTARY INFORMATION:

to 100% of the annual State share. The The Coast Guard finds under 5 U.S.C.

remaining amount of the repayment 553(b) (3) (B) that a notice of proposed

shall be In quarterly amounts not less rulemaking is unnecessary since the dethan those for the 9th through 12th letion of 46 CFR 2.20-60 merely elimiquarters. nates duplication of 46 CFR Part 4 and

(7) The amount of a retroactive claim 33 CFR Parts 173 and 174.

to be paid a State will be offset against

any amounts to be, or alreadly being, re- § 2.20-60 [Revoked]

paid by the State in installments, under In consideration of the foregoing, Part

the same title of the Social Security Act. 2 of Title 46 of the Code of Federal ReguUnder this provision the State may 'lations is amended by deleting § 2.20-60.

chooseto: (33 U.S.C. 361, 46 U.S.C. 526p, 49 U.S.C. 1655

(I) Suspend payments until the retro- (b), 49 CFR 1.45(a) (2) and 1.46(b).)

active claim due the State has, in fact,

been offset; or Dated: May 31, 1977.

(ii) Continue payments until the re- 0. W. SLnER,

duced amount of its debt (remaining Admiral,. U.S. Coast Guard

after the offset), has been paid in full. Commandant.

This second option would result in a shorter payment period. -F1 Doc.77-15960 Piled 6---77;8:45 am]

A retroactive claim for the purpose of

this regulation is a claim applicable to [CGD 75-411

any period ending 12 months or more prior to the beginning of the quarter in PART 31-INSPECTION AND

which the payment is to be made by the CERTIFICATION

Service. PART 151-UNMANNED BARGES CARRY.

(8) Interest on repayments will not be ING CERTAIN BULK DANGEROUS

charged unless mandated by court order. CARGOES

(Sec. 1102, 49 Stat. 647 (42 U.S.C. 1302).) Loading Information for Tank Vessels

(Catalog of Federal Domestic Assistance Pro- AGENCY: Coast Guard, DOT.

gram No. 13.679-Child Support Enforcement.) - ACTION: Final rules.

NoE.-The Department has determined

that this document does not require prepa-. SUMMARY: Thiis rule .making amends,

ration of an Inflationary Impact Statement the regulations for tank vessels to require all tank vessels over 300 feet in

length to have the loading information

required for vessels subject to the load

line regulations In Parts 42 and 45 of

Title 46. The effect of these regulations

will be to require new tank barges and

other new tank vessels operating solely on inland waters or on special service

coastwise voyages to have this Information. The load line regulations already re- quire other tank vessels to have the Information.

This rule making Is based upon a Coast

Guard review of recent barge designs.

The review shows that several new barges

have proportions similar to a T-2 tanker

and that vessels with these proportions

that are over 300 feet in length can be

subject to unsafe stress levels if not prop-,

erly loaded. The requirements are also

based upon investigation of barge casualties in which improper loading led to

structural damage.

EFFECTIVE DATE: These amendments

become effective on September 6, 1977.

FOR FURT7ER INFORMATION CONTACT:

Captain George K. Greiner, Marine

Safety Council (G-CMC/81), Room

8117, Department of Transportation,

Nassif Building, 400 Seventh Street,

S.W., Washington, D.C. 20590. (202-

426-1477).

SUPPLEMENTARY INFORMATION: A

notice of proposed rule making was published in the FEDERAL REGISTER on October 12, 1976 (41 FR 44711). Interested

persons were invited to submit written

comments before November 29, 1976. Five

comments were received two of which

concurred with the rules as proposed.

DRAFTING INFORMATION: The principal persons involved in drafting these

rules are: Ralph E. Johnson, Project

Manager, Office of Merchant Marine

Safety, and William R. Register, Project

Attorney, Office of Chief Counsel.

Discussiox or MAJOR Com .r's

One commenter proposed that the

loading information required by the proposed rules be slmplifled and restricted

to the sequence of loading, unloading,

and ballasting operations. The current

regulations in Parts 42 and 45 describe In

general terms the type of loading Information required for a tank vessel, The

operator of the vessel Is in the best position to develop for Coast Guard approval

the specific form and content of the information; and, accordingly, no detailed

requirements concerning the form and

content of loading information are included in' the regulations.

One commenter concluded that since

the proposed regulations did not refer- ence existing barges, the notice was not

applicable to these vessels. The commen- ter's conclusion Is correct and the final

regulations have been clarified to provide

that they apply to vessels on which con- struction begins after the regulations be- come effective. • One commenter objected to the proposed regulations as being examples of

over-regulation. He said that large num- bers of barges are loaded each year; and

FEDERAL REGISTER, VOL 42, NO. 108-MONDAY, JUNE 6, 1977

HeinOnline -- 42 Fed. Reg. 28886 1977