8400 Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations

This coverage will also pay for the

incremental cost, after demolition, or

relocation, of elevating or floodproofing a

structure during its rebuilding at the same or

another site to meet State or local floodplain

management laws or ordinances, subject to

Exclusion (7).

This coverage will also pay to bring a

flood-damaged structure into compliance

with State or local floodplain management

laws or ordinances even if the structure had

received a variance before the present loss

from the applicable floodplain management

requirements.

Conditions

(1) When a structure covered under

Coverage A—Building Property—sustains a

loss caused by a ‘‘flood’’ as defined by this

policy, our payment for the loss under this

Coverage D will be for the increased cost to

elevate, floodproof, relocate, demolish, or

any combination thereof, caused by

enforcement of current State or local

floodplain management ordinances or laws.

Our payment for eligible demolition

activities will be for the cost to demolish and

clear the site of the building or a portion

thereof caused by enforcement of current

State or local floodplain management

ordinances or laws. Eligible activities for the

cost of clearing the site will include those

necessary to discontinue utility service to the

site and ensure proper abandonment of onsite utilities.

(2) When the building is repaired or

rebuilt, it must be intended for the same

occupancy as the present building unless

otherwise required by current floodplain

management ordinances or laws.

Exclusions

Under this Coverage D (Increased Cost of

Compliance), we will not pay for:

(1) The cost associated with enforcement of

any floodplain management ordinance or law

in communities participating in the

Emergency Program.

(2) The cost associated with enforcement of

any ordinance or law that requires any

insured or others to test for, monitor, clean

up, remove, contain, treat, detoxify or

neutralize, or in any way respond to, or

assess the effects of pollutants. Pollutants

include but are not limited to any solid,

liquid, gaseous or thermal irritant or

contaminant, including smoke, vapor, soot,

fumes, acid, alkalis, chemicals and waste.

Waste includes but is not limited to materials

to be recycled, reconditioned or reclaimed.

(3) The loss in value to any covered

building or other structure due to the

requirements of any ordinance or law.

(4) The loss in residual value of the

undamaged portion of a building demolished

as a consequence of enforcement of any State

or local floodplain management law or

ordinance.

(5) Any increased cost of compliance under

this Coverage D:

(a) Until the covered building is actually

elevated, floodproofed, demolished or

relocated on the same or to another premises;

and

(b) Unless the covered building is elevated,

floodproofed, demolished, or relocated as

soon as reasonably possible after the loss, not

to exceed two years.

(6) For any code upgrade requirements,

e.g., plumbing or electrical wiring, not

specifically related to the State or local

floodplain management law or ordinance.

(7) For any compliance activities needed to

bring additions or improvements made after

the loss occurred into compliance with State

or local floodplain management laws or

ordinances.

(8) Loss due to any ordinance or law that

you were required to comply with before the

current loss.

(9) For any rebuilding activity to standards

that do not meet the NFIP’s minimum

requirements. This includes any situation

where the insured has received from the

State or community a variance in connection

with the current flood loss to rebuild the

property to an elevation below the base flood

elevation.

(10) For any structure insured under a

Group Flood Insurance Policy issued

pursuant to 44 CFR 61.17.

Other Provisions

(1) Increased Cost of Compliance coverage

will not be included in the calculation to

determine whether coverage meets the 80%

replacement cost requirement under Article 9

or for payment under Article 3.B.3 for loss

from land subsidence, sewer backup, or

seepage of water.

(2) All other conditions and provisions of

the policy apply.

* * * * *

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance’’)

Dated: February 18, 1997.

Spence W. Perry,

Executive Administrator, Federal Insurance

Administration.

[FR Doc. 97–4640 Filed 2–24–97; 8:45 am]

BILLING CODE 6718–03–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 0

[FCC 96–467]

Commission Organization; Cable

Services Bureau

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In this Order, we amend the

Commission’s rules regarding the

functions of the Cable Services Bureau

and the delegated authority of the Chief

of the Cable Services Bureau. This

action is necessary to permit the Cable

Services Bureau to oversee pole

attachment matters and administration

and enforcement of relevant provisions

of the Telecommunications Act of 1996.

EFFECTIVE DATE: February 25, 1997.

FOR FURTHER INFORMATION CONTACT: For

additional information concerning this

rulemaking contact Meryl S. Icove,

Cable Services Bureau, (202) 418–7200.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Order, FCC 96–467,

adopted December 3, 1996 and released

December 5, 1996. The complete text of

this Order is available for inspection

and copying during normal business

hours in the FCC Reference Center

(room 239), 1919 M Street, NW.,

Washington, DC, and also may be

purchased from the Commission’s copy

contractor, International Transcription

Services, Inc. (‘‘ITS Inc.’’) at (202) 857–

3800, 2100 M Street, NW., Suite 140,

Washington, DC 20017.

Synopsis of Order

In this Order, we amend the

Commission’s rules regarding the

functions of the Cable Services Bureau

and the delegated authority of the Chief

of the Cable Services Bureau.

This action is necessary to permit the

Cable Services Bureau to oversee pole

attachment matters and administration

and enforcement of relevant provisions

of the Telecommunications Act of 1996.

The amendments adopted herein

pertain to agency organization,

procedure and practice. Consequently,

the requirements of notice and comment

rulemaking contained in 5 U.S.C. 553(b)

and the effective date provisions of 5

U.S.C. 553(d) of the Administrative

Procedure Act do not apply. Authority

for the amendments adopted herein is

contained in section 4(i), 5(c)(1), 303(r)

of the Communications Act of 1934, as

amended, 47 U.S.C. 154(i), 155(c)(1),

303(r).

It is ordered that §§ 0.91, 0.101 and

0.321 of the Commission’s rules, 47 CFR

0.91, 0.101, 0.321 are amended as set

forth below, effective February 25, 1997.

Lists of Subjects in 47 CFR Part 0

Organization and functions

(Government agencies).

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Part 0 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 0—COMMISSION

ORGANIZATION

1. The authority citation for part 0

continues to read as follows:

Authority: Secs. 5, 48 Stat. 1068, as

amended; 47 U.S.C. 155.

2. Section 0.91 is amended by revising

the introductory text, removing
Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations 8401

paragraph (h) and redesignating

paragraphs (i) through (k) as paragraphs

(h) through (j) to read as follows:

§ 0.91 Functions of the Bureau.

The Common Carrier Bureau

develops, recommends, and administers

policies and programs for the regulation

of services, facilities and practices of

entities which furnish interstate

communications service or interstate

access service for hire—whether by

wire, radio or cable—and of ancillary

operations related to the provision of

such services (excluding public coast

stations in the maritime mobile services

and multi-point and multi-channel

multi-point distribution services and

excluding matters pertaining

exclusively to the regulation and

licensing of wireless

telecommunications services and

facilities). The Bureau also develops,

recommends, and administers policies

and programs for the regulation of rates,

terms and conditions under which

communications entities furnish

interstate communications service,

interstate access service, and (in

cooperation with the International

Bureau) foreign communications service

for hire—whether by wire, cable or

satellite. The Bureau also performs the

following functions:

* * * * *

3. Section 0.101 is revised to read as

follows:

§ 0.101 Functions of the Bureau.

The Cable Services Bureau develops,

recommends and administers policies

and programs with respect to the

regulation of services, facilities, rates

and practices of cable television systems

and with respect to the creation of

competition to cable systems, and with

respect to video programming services

provided by other multichannel video

programming distributors and

multichannel video programmers. The

Cable Services Bureau advises and

recommends to the Commission, or acts

for the Commission under delegated

authority, in matters pertaining to the

regulation and development of cable

television and other multichannel video

programming services. The Bureau also

performs the following functions:

(a) Administers and enforces rules

and policies regarding:

(1) Cable television systems,

operators, and services, including those

relating to rates, technical standards,

customer service, ownership,

competition to cable systems, broadcast

station signal retransmission and

carriage, program access, wiring

equipment, channel leasing, and

federal-state/local regulatory

relationships. This includes: acting,

after Commission assumption of

jurisdiction to regulate cable television

rates for basic service and associated

equipment, on cable operator requests

for approval of existing or increased

rates; reviewing appeals of local

franchising authorities’ rate making

decisions involving rates for the basic

service tier and associated equipment,

except when such appeals raise novel or

unusual issues; acting upon complaints

involving cable programming service

rates except for final action on

complaints raising novel or unusual

issues; evaluating basic rate regulation

certification requests filed by cable

system franchising authorities;

periodically reviewing and, when

appropriate, revising standard forms

used in administering: the

Commission’s complaint process

regarding cable programming service

rates; the certification process for local

franchising authorities wishing to

regulate rates, and the substantive rate

regulation standards prescribed by the

Commission;

(2) Access to poles, ducts, conduits

and rights-of-way and the rates, terms

and conditions for pole attachments,

when such attachments are not

regulated by a state and not provided by

railroads or governmentally or

cooperatively owned utilities, and

complaints involving access to or rates,

terms and conditions arising from pole

attachments, except for final action on

complaints raising novel or unusual

issues;

(3) Open video systems;

(4) Preemption of restrictions on

devices designed for over-the-air

reception of television broadcast signals,

multichannel multipoint distribution

service, and direct broadcast satellite

services;

(5) The commercial availability of

navigational devices;

(6) The accessibility of video

programming to persons with

disabilities; and

(7) Scrambling of sexually explicit

adult video programming by

multichannel video programming

distributors.

(b) Plans and develops proposed

rulemakings and conducts studies and

analyses (legal, engineering, social and

economic) of various petitions for policy

or rule changes submitted by industry or

the public.

(c) Conducts studies and compiles

data relating to multichannel video

programming services necessary for the

Commission to develop and maintain an

adequate regulatory program.

(d) Advises and assists the public,

other government agencies and industry

groups.

(e) Administers financial and other

reporting systems.

(f) Investigates complaints and

answers general inquiries from the

public.

(g) Participates in hearings before the

Administrative Law Judges and the

Commission.

(h) Processes applications for

authorizations in the Cable Television

Relay Service.

(i) Processes and acts on all

applications for authorization, petitions

for special relief, petitions to deny,

waiver requests, requests for

certification, objections, complaints,

and requests for declaratory rulings and

stays regarding the areas listed above,

that do not involve novel questions of

fact, law or policy that cannot be

resolved under existing precedents and

guidelines.

(j) Periodically reviews and, when

appropriate, revises standard forms

related to the areas listed above.

(k) Exercises authority to issue nonhearing related subpoenas for the

attendance of witnesses and the

production of books, papers,

correspondence, memoranda, schedule

of charges, contracts, agreements, and

any other records deemed relevant to

the investigation of the Cable Services

Bureau. Before issuing a subpoena, the

Cable Services Bureau shall obtain the

approval of the Office of General

Counsel.

(l) Carries out the functions of the

Commission under the Communications

Act of 1934, as amended, except as

reserved to the Commission under

§ 0.321.

4. Section 0.321 is revised to read as

follows:

§ 0.321 Authority delegated.

The Chief, Cable Services Bureau is

delegated authority to perform all

functions of the Bureau, described in

§ 0.101, subject to the following

exceptions and limitations:

(a) Designate for hearing any formal

complaints that present novel questions

of fact, law or policy that cannot be

resolved under existing precedents for

guidelines;

(b) Impose, reduce, or cancel

forfeitures pursuant to section 503(b) of

the Communications Act of 1934, as

amended, in amounts of more than

$20,000;

(c) Act upon any applications for

review of actions taken by the Chief,

Cable Services Bureau pursuant to any

delegated authority which comply with

§ 1.115 of this chapter;
8402 Federal Register / Vol. 62, No. 37 / Tuesday, February 25, 1997 / Rules and Regulations

(d) Issue notices of proposed

rulemaking, notices of inquiry or to

issue report and orders arising from

either of the foregoing, except that the

Chief, Cable Services Bureau shall have

authority to issue notices of rulemaking

and report and orders redesignating

market areas in accordance with section

614(f) of the Communications Act of

1934, as amended; and

(e) Act on any applications in the

Cable Television Relay Service that

present novel questions of fact, law, or

policy that cannot be resolved under

existing precedents and guidelines.

[FR Doc. 97–4566 Filed 2–24–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 193

[Docket No. PS–151; Amdt. 193–13]

RIN 2137–AC 91

Liquefied Natural Gas Regulations—

Miscellaneous Amendments

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Direct final rule.

SUMMARY: This direct final rule updates

the Liquefied Natural Gas (LNG)

regulations by replacing the current

‘‘Flammable vapor-gas dispersion

protection’’ method with a method

based on the ‘‘dense gas dispersion

(DEGADIS)’’ model, and replacing the

current ‘‘Thermal Radiation Protection’’

method with a method based on the

‘‘LNGFIRE’’ program model. In addition,

this final rule incorporates safety

requirements for mobile and temporary

LNG facilities by referring to the

National Fire Protection Association

(NFPA) Standard 59A (1996 edition)—

Standard for the Production, Storage

and Handling of Liquefied Natural Gas

(LNG).

DATES: This direct final rule takes effect

June 25, 1997 unless RSPA receives

adverse comments or notice of intent to

file adverse comment by April 28, 1997.

The incorporation by reference of

certain publications listed in the rule is

approved by the Director of the Federal

Register as of June 25, 1997. If RSPA

does not receive any adverse comment

or notice of intent to file an adverse

comment by April 28, 1997 the rule will

become effective on the date specified.

RSPA will issue a subsequent notice in

the Federal Register by May 27, 1997

after the close of the comment period to

confirm that fact and reiterate the

effective date. If an adverse comment or

notice of intent to file an adverse

comment is received, RSPA will issue a

timely notice in the Federal Register to

confirm that fact and RSPA would

withdraw the direct final rule in whole

or in part. RSPA may then incorporate

the adverse comment into a subsequent

direct final rule or may publish a notice

of proposed rulemaking.

ADDRESSES: Written comments must be

submitted in duplicate and mailed or

hand-delivered to the Dockets Unit,

room 8421, U.S. Department of

Transportation, Research and Special

Programs Administration, 400 Seventh

Street, SW., Washington, DC 20590.

Identify the docket and notice numbers

stated in the heading of this notice. All

comments and materials cited in this

document will be available for

inspection and copying in room 8421

between 8:30 a.m. and 4:30 p.m. each

business day. Non-federal employee

visitors are admitted to the DOT

headquarters building through the

southwest quadrant entrance at Seventh

and E Streets.

FOR FURTHER INFORMATION CONTACT:

Mike Israni, (202) 366–4571, regarding

the subject matter of this document, or

the Dockets Unit (202) 366–4453, for

copies of this document or other

information in the docket.

SUPPLEMENTARY INFORMATION:

Background

Section 193.2019 Mobile and

Temporary LNG Facilities

RSPA is amending 49 CFR Part 193 by

adding a section 193.2019 on mobile

and temporary LNG facilities. Mobile

and temporary LNG facilities have a

good safety record and their use has

become quite common. However, Part

193 currently does not contain

requirements for such temporary

operations and many temporary

operations cannot meet some of the Part

193 requirements. In those cases,

operations have been authorized

through waivers issued by the relevant

states, and approved by RSPA, for

mobile and temporary facilities for

peakshaving applications, for service

maintenance during gas pipeline

systems repair/alteration, or for other

short term applications. In acting on

waiver requests, RSPA reviews

justification for not complying with Part

193 and requires alternative safety

provisions to maintain public safety.

There has been no adverse impact on

safety as a result of the waiver process

and RSPA anticipates an equivalent

level of safety following implementation

of this direct final rule. The safety

guidelines and the restrictions for LNG

mobile facilities in section 2–3.4 of the

NFPA 59A (1996 edition) provide an

adequate level of assurance of public

safety. The safety guidelines are

identical to those required as conditions

for waiver. Thus, we do not see any

necessity for issuing a proposed rule.

Therefore, RSPA is incorporating by

reference NFPA 59A section 2–3.4 for

mobile and temporary LNG facilities in

this direct final rule. Operators will no

longer need a waiver from Part 193

requirements for mobile facilities if they

comply with section 2–3.4 of NFPA

59A. This will reduce the burden on the

industry and state and federal

governments without compromising

safety.

Section 193.2057 Thermal Radiation

Protection

RSPA is amending Section 193.2057,

‘‘Thermal radiation protection’’, by

deleting the method prescribed and

replacing it with a method based on the

‘‘LNGFIRE’’ program model developed

by the Gas Research Institute (GRI).

RSPA is amending this section in

response to an American Gas

Association (AGA) petition dated

October 14, 1992.

According to the AGA petition, the

current method is a simple geometrical

method with assumptions of flame

radiant properties for computing the

radiation from burning vapor above a

concentric pool. Flame radiant

properties were rationalized to provide

results that agree with early

experimental results for the lowest level

of radiant exposures. The current

method also assumes an idealized tilted

cylindrical flame. Experimental data

shows that the current method

underestimates exclusion distances for

large pool fires, such as those that could

occur in a tank dike, and overestimates

exclusion distances for small and high

ratio length-to-width rectangular fires

that could occur in pipe impoundments.

AGA states that since 1982 GRI has

funded a series of research projects

dealing with LNG pool fire radiation.

This research has culminated in a model

which more accurately reflects

experimental data. The research has also

produced a personal computer based

program called ‘‘LNGFIRE.’’ This

computer model has numerous

advantages over the current method,

including the ability to account for a

wide variety of containments. The

resulting computer program is easy to

use and is in the public domain. The

results of the model and the ‘‘LNGFIRE’’

program correlate very well with

experimental results from the numerous