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Citation: 42 Fed. Reg. 28883 1977

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- Title 38-Pensions, Bonuses and Veterans' Relief CHAPTER I-VETERANS ADMINISTRATION PART 36-LOAN GUARANTY Maximumnterest Rate AGENCY: Veterans Administration. ACTION: Finalregulations. SUMMARY: The amended regulations will increase the maximum permissible interest rate onnew gualranteed, insured anddirectloans.-

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 markethasbecome 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 insuredloans without imposing substanial discounts. To assure acontinuing supply offundsforhomemortgagesthrough 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 toloans topurchase mobile homelots. The lender's return on these loans appears competitive with other forms of consumer financing to which this type ofloan is comparable and no change inrate isjustified atthis time.

A loan to purchase a mobile home lot is similarto 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 loansis alsobeing increased. EBECTIVEDATE: 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), 36.4311(a) and36.4503(a), Title 38, Code ofFederalRegulations.

Compliance with the procedure for publication of proposedregulations 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 proposedform.

1. In §36.4212, paragraph (a) (2) and (3) is revised toread as follows: 

### § 36.4212 Interestratesand latechmrges.

(a) The interest rate charged the borrower ona 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 priortoMay31,1977.

a a a a (2) 814 percent simple interest per annum forthatportion oftheloan which finances the purchase of a lot and the costofnecessary sitepreparation, ofany.

(3) 8% percent simple interest per annum on that portion of a loanwhich will finance the costof thesite 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 ifthe portion ofthe loantopay for the cost of such necessary site preparation does notexceed $2,500.

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

### § 36.4311 Interest rates.

(a) Excepting loans guaranteed orinsuredpursuant 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 datemaynot excee annum on the unp

a a 3. In §36.4503, visedtoread asfol, 

### §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 directionofth
.Rx Dep [FR DOC.77-15883 

### 28883

Title40-Protection ofEnvironment

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 forAlpine, 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 ofregu- lations concerning new source review, emergency episodes, andmalfunction.

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 bythe State andlocalairpollution control agencies, and therefore pose no further requirement on any affected faciLU,.

Ichspecify 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 npartonorafter such andHazardousMaterials Division,En- ed 81, per centum per vironmental Protection Agency, Re- aid principal balance. gionIX; Attn.: DavidR. 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 andamortization. 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 GreatBasin under 38 U.S.C.. 1810 Unified APCD. On January 10, 1975, and an s made bears to April 21, 1976, revised Rules andRegua- ation shall not pre- tions for the Great Basin Unified APCD fadvances, otheivwise were submitted to EPA. These revisions to the making ofthe 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 April21. 1976: submission since it super- seded all previous submissions. 6,1977. The Proposed Rulemaking Notice pro- eAdministrator. 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 isamended as follows: Subpart F-California
1. Section 52.220, paragraph (c) is revised as follows: § 52.220 Identification of
e)* * * plan. RULES AND REGULATIONS

Title45--PublicWelfare CHAPTER If-SOCIAL AND REHABILITATION SERVICE (ASSISTANCE PROGRAMS), DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE PART201--GRANTS TO STATES FOR

PUBLIC ASSISTANCE PROGRAMS

Repayment ofFederal Funds by Installments AGENCY: Department of Health, Education, andWelfare (HEW).
ACTION: Final regulation.
SUMMARY: This new regulation will permit State agencies owing significant amounts ofFederal fundsto repay them by installments over a period up to 3 years. The regulations apply when hardship would resultfrom 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 beeffective onJune 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 BasinUnified 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 outthat theregulation does
.notspecify payment amounts; and 2. Suggested that a standard form be developed to track repayments. The Department prefers to leave States free to setpayments 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 thesingle 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 byinstallments. (a) Basic Conditions.When a State has been reimbursed Federal funds foi expenditures claimed under titles I, IVA, VI, X, XV, XVI (AABD), XIXorX2 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 ofthe 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 ofIts intent to make installment repayments. Such notice must be given prior to the time repayment of the total was otherwise due.

(b) Criteria governinginstallmentrepayments. (1) 

### The number of quarters

over which the repayment of the total unallowable expenditures will bb made willbe 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: Totalrepaymentamount Numberof

aspercentageofState quarters shareofannualexpenditures tomake

forthespeciflcprogram repayment 2.5 pat. or less---------------------- 1 Greater than 2.5, butnot 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 Greaterthan 47.5,butnot greaterthan

65 ------------------------------ 10 Greater than 65, but not greater than

82.5 ----------------------------- 11 Greater than 82.5, butnotgreater 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 therecoveryismade. Repayment installment maynotbe

lessthan 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 1977RULES AND REGULATIONS

(2) The latest SRS-OA-25 submitted -bythe State shall be used to estimate the-State's share ofannual expenditures for the specific program in which the unallowable expenditures occurred.That estimated share shall be the sum of the State's shareof the estimates <as shown

onthelatestSRS-OA-25) forfour quarters, beginning with the quarter in' which the firstinstallment is to be paid. (3) In. the case of a program terminated by law orby the State, the actual State share-rather than the estimateshall be used for determining whether the amount of the repayment exceeds 2IS% ofthe annual State share for the program. The annual State share in these cases will be determined using payments computable forFederal funding as reported for the program by the State on its -Quarterly Statement of Expenditures (SRS-OA-41) reports submitted for thelast fourquarters 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 ofthe repayment for purpose of-paragraphs (a) and (b) of this sectionmaynotinclude any amount previously approved -forinstallment re- payment. (6) The repayment schedule may be extended beyond 12 quarterly installmentsifthetotalrepayment amount ex- ceeds 100% ofthe estimated State share ofannual expenditures.
In these circumstances, the criteria in paragraphs (b) (1) and (2) or (3) of this section, as appropriate, shallbe followedforrepayment oftheamount 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 ofaretroactive claim to be paid a State will be offset against any amounts to be, or already -being, repaid by the Statein installments,un- der the same title of the Social Security Act. Under this provisibn the State may chooseto:

(i) Suspend payments until theretroactive claim due-the State has, in fact, been offset; or (ii) Continue payments until the reduced amount of its debt (remaining after-tbeoffset), has been paid in full. This second option would result in a shorterpaymentperiod. A retroactive claim -for the purpose of this regulation is a claim al;plicable to any periodending 12 months or more prior to the beginning ofthe quarter in .whichthepayment is to bemade by the Service.

(8) Interest onrepayments willnotbe chargedunless mandated bycourt order. (Sec. 1102,49 Stat.647 (42U.S.C. 1302).) (Catalog ofFederal 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. 

### JOSEPHA. 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 RepaymentofFederal Funds by Installments AGENCY: Office of Child Support Enforcement, HEW. ACTION: Finalregulation. SUMMARY: This new regulation will permit State agencies owing significant amounts ofFederal funds torepay them by installments over a period up to 3 years.Theregulation applies whenhardship 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 thechild support en- forcement program. EFFECTIVE DATE: The regulation is effective onJune 6, 1977. FOR FURTHER INFORMATION CONTACT:

SuzanneAT. 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- mentfrom aState agency suggested that the method and the amount of repayment which qualifies for installments be open tonegotiation.

The Department prefers toestablish 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 cutback 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 tothesinglecomment.Thereg- ,ulation, asproposed, Is adopted.

45 CFR Part304 is amended byadding

a new Section 304.40 to read as follows: 

### 2885

§ 304.40 Repayment of Federal funds byinstallments. (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 suchFederal 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 ofits intent to make installment repayments. Such notice must be given prior to the time repayment ofthe total was otherwise due. (b) Criteria governinginstallmentre- Payments. (1) The number of quarters
over which the repayment of the total unallowable expenditures will be made will be determined bythepercentage the total of such repayment is of the estimated State share ofthe annual expenditures fortheIV-D program asfollows:

Totalrepazmentamount

. Numberof

aspercentage ofStateshare quarters ofannualexpenditures tomake fortheIV-Dprogram repayment 2.5 percent orless---------------- 1 Greater than 2.5. but notgreater than

Greater than 5. butnot greater than

7.5

-- Greater than 7.5, but notgreater than

10

-------------- 4 Greater than 10, butnotgreater than



### 15 Greater than 15, but notgreater than

20 6 Greater than 20. but notgreater than

25 7 Greater than 25, but notgreater than

30 a-- - - ---- - Greater than30, butnot;greater than

C-7.5 9 Greater than 47.5. but not greater

than 65

......_0 Greater than 65, butnot greater than

82.5 I Greaterthan82.5, butrotgreaterthan

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 oftheannual expenditures for the program against which the recovery is 

### made. Repayment installment

maynot 'beless thanthese perrentage For each-of'the thanthese

following quarters: percentages

1to4

__ 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 reductionin required minimum percent-" ages would be applied first to the last scheduled payment, then to the nextto

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

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### 28886 RULES AND REGULATIONS

the last payment, and so forth as under Executive Order 11821 and OMB Cir

### necessary. cular A-107. 

### (2) The latest OCSE-OA-25 sub- JOSEPHF. 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 Filed6-3-77;8:45 am] estimated share shall be the sum of the State's share ofthe estimates (as shown Title46-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 isto be paid. (3) In case of termination of the pro- tCGD 77-006]
gram, the actual State share-rather PART 2-VESSEL INSPECTIONS -thanthe estimate--shall be used for de- Reports ofCasualties 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: TheCoastGuard isdeleting 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 themaster, owner, agent, or (SRS-OA-41) reports submitted for the operator of avessel involved ina marine last four quarters preceding the date on casualty is contained in 46 CFR Part 4 which the program was terminated, and33 CFRPart 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 onlytovessel inspections. repayment schedule. EFFECTIVE DATE: July 6,1977. (5) The amount ofthe 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 Ifthe totalrepayment amount ex- S.W., Washington, D.C. 20590, (202 ceeds 100% ofthe estimated State share 426-1477). The principal persons inofannual 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. lowedforrepayment ofthe amountequal 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 ofa retroactive claim 33 CFRParts 173 and 174. to be paid a State will be offset against anyamounts tobe,oralreadly being,re- § 2.20-60 [Revoked] paid by the State in installments, under In consideration oftheforegoing, Part thesame titleofthe Social Security Act. 2 ofTitle46 ofthe CodeofFederal 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 theretro- (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. CoastGuard after the offset), has been paid in full. Commandant. This second option would result in a shorterpaymentperiod. -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 ofthe quarter in PART 31-INSPECTION AND which the payment is tobe made by the CERTIFICATION Service. PART 151-UNMANNED BARGES CARRY.

(8) Interest onrepayments will notbe ING CERTAIN BULK DANGEROUS charged unless mandated bycourt order. CARGOES (Sec. 1102, 49 Stat. 647 (42 U.S.C. 1302).) Loading Information forTankVessels (Catalog ofFederal 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.Theloadlineregulations alreadyre- quire other tank vessels to have the Information.

ThisrulemakingIsbasedupon a Coast Guard review of recent barge designs. Thereviewshows thatseveral newbarges have proportions similar to a T-2 tanker and that vessels with these proportions that are over 300 feet in length can be subjecttounsafe stresslevels ifnotprop-, erly loaded. The requirements are also baseduponinvestigation ofbargecasualties in which improper loading led to structural damage. EFFECTIVE DATE: These amendments become effective onSeptember 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 ofproposed rule makingwas published in the FEDERAL REGISTER on October 12, 1976 (41 FR 44711). Interested persons were invited to submit written commentsbefore 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 ofChiefCounsel. 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 inParts 42 and45 describe In general terms the type of loading Information required for a tank vessel, The operator ofthe vessel Isin the best position todevelop 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'theregulations.

One commenter concluded that since the proposed regulations did not refer-
ence existing barges, the notice was not applicable tothesevessels. Thecommen- ter's conclusion Is correct and the final regulations havebeen clarified to provide that they apply to vessels onwhich con- structionbegins after theregulations be-

come effective. • One commenter objected to the proposed regulations as being examples of over-regulation. He said that largenum- bers of barges are loaded each year; and

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

HeinOnline -- 42 Fed. Reg. 28886 1977