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Citation: 58 Fed. Reg. 51701 1993

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### Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Rules and Regulations 51701

importer must show that ithas a bona fideintent to manufacture orimport the substance andmust identify the specific
use forwhich it intendsto manufacture
orimport the substance. IfEPA concludes that the person has shown a bona fide intent to manufacture or import the substance, EPA will tellthe 9erson whether the use identified in the

ona fide submission would be a. significantnew use under the rule. Since most ofthe chemical identities of the substances subjectto these SNURs

are also CBI, manufacturers and processors can combine the bona fide submission under the procedure in §721.1725(b)(1) with thatunder §721.11 into a single step.

Ifa manufacturer orimporter Is told that the production volume identified in the bona fide submission would not be

a significant newuse, i.e. it isbelow the level that would be a significant new use, that person can manufacture or import the substance as long as the aggregate amount does not exceed that identified inthe bona fidesubmission to EPA. Ifthe person laterintends to exceed that volume, a new bona fide submission would be necessary to determine whether that highervolume would be asignificant new use. EPA is considering whether to adopt a special procedure for use when CBI production volume is designated asa significant
new use.Under such a procedure, a person showing a bona fideintent to manufacture or importthe substance, under theprocedure described in §721.11, would automatically be informed ofthe production volume that would be asignificant new use.Thus the person would nothave to make multiple bonatidesubmissions to EPA for the same substance to remain in compliance with the SNUR, as could be the case under the procedures in §721.1725(b)(1).
VIII. Applicability ofRule to Uses Occurring Before Effective Date ofthe Final Rule

To establish a significant "new" use, EPA must determine that the use is not ongoing. The chemical substances subject to this rule have recently undergone premanufacture review. Section 5(e) ordershave been issued for 12 substances and notice submitters are prohibited bythe section 5(e) orders from undertaking activities which EPA is designating as significant new uses. In

cases where EPA has not received a Notice ofConimencement (NOC) and the substance has not been added tothe Inventory, no otherperson may
commence such activities without first submitting a PMN. For substances for which an NOC has not been submitted at thistime, EPA has concluded thatthe
uses are not ongoing. However, EPA recognizes in cases when chemical substances identified inthis SNUR are added to the Inventory priorto the effective date ofthe rule, the substances may be manufactured, imported, or processed by other persons for a significantnew use as defined inthis rulebefore the effective date ofthe rule. However. 22 ofthe 33 substances contained inthis rule have CBI chemical identities, and since EPA has received a limited number ofpost-PMN bona fide submissions, the Agency believes that it is highly unlikely that any of the significant new uses described in the followingregulatory text are ongoing.

As discussed in the Federal Register ofApril 24, 1990 (55 FR 17376), EPA has decided that the intent ofsection 5(a)(1)(B) isbest served by designating
a use as a significant new use as ofthe date ofpublication rather than as ofthe effective date ofthe rule.Thus, persons who begin commercial manufacture, import, orprocessing ofthe substances regulated through this SNUR will have to cease any such activitybefore the effective date ofthe rule. To resume theiractivities, these persons would have to comply with all applicable SNUR notice requirements and wait until the notice review period, including all extensions, expires.

EPA has promulgated provisions to allow persons to complywith this SNUR before the effective date. If a person were to meet the conditions of advance compliance under §721.45(h), the person wouldbe considered to have metthe requirements ofthe final SNUR forthose activities. Ifpersons whobegin commercial manufacture, import, or processing ofthe substance between publication andthe effective date ofthe SNUR do notmeet the conditions of advance compliance, they must cease that activitybefore the effective date of the rule. To resume their activities, these persofis would have to comply with all applicable SNUR notice requirements and wait until the notice review period, including all extensions, expires.

IX. Economic Analysis

EPA has evaluated the potential costs ofestablishing significant newuse notice requirements forpotential manufacturers, importers, and processors ofthe chemical substances subjectto thisrule. EPA's complete economic analysis is available in the public record for thisrule (OPPTS50613). X. RulemakingRecord EPA has established arecord forthis rulemaking (docket controlnumber OPPTS-50613). The record includes information considered by EPA in developing thisrule.

Apublic version ofthe record, without any CBI, is available inthe TSCA Nonconfidential Information Center (NCIC), also known as, TSCA PublicDocket Office, from 8 a.m. to 12
noon and 1 p.m. to4 p.m., Monday through Friday,exceptlegal holidays. NCIC is located inRm. E-G102, 401 M St., SW., Washington, DC 20460. XI. Regulatory Assessment Requirements
A. Executive Order12291

UnderExecutive Order 12291, EPA mustjudge whether a rule is "major" and therefore requires a Regulatory Impact Analysis. EPA has determined that thisrule willnot be a "major" rule because itwill nothave an effect on the economy of$100 million or more, and itwillnot have a significant effect on competition, costs, orprices. While there is no precise way to calculate the total annual cost ofcompliance with thisrule, EPA estimates that the cost for submitting a significantnew use notice would bebetween $7,198,to $8,170. including a $2,500 user fee payableto EPA to offset EPA costs in processing the notice. In addition, EPA estimates that the cost ofrecordkeeping requirements for ongoing uses is $583 peryear. EPA believes that,because of the nature ofthe rule and the substances involved, there willbe few SNUR notices submitted, Furthermore, while the expense ofa notice and the uncertainty ofpossibleEPA-regulation may discourage certain innovation, that impact willbe limited because such factors are unlikely to discourage an innovation thathas high potential value.

This regulation was submitted to the Office ofManagement and Budget (OMB) forreview as required by Executive Order 12291.
B.Regulatory Flexibility Act Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), EPA has determined that thisrule would not have a significant impact on a substantial number ofsmall businesses. EPA has determined that approximately 10 percent ofthe parties affected by this rule couldbe small businesses. However, EPA expects to receive few SNUR notices for the substances. Therefore, EPA believes that the number ofsmall businesses affected by thisrule will notbe substantial, even ifall ofthe51702 Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Rules and Regulations

SNUR notice submitters were small firms. C.Paperwork ReductionAct. The information collection requirements contained in this rule have been approved byOMB under the provisions ofthe Paperwork Reduction Act (44U.S.C. 3501 et seq.), and have been assigned 0MB control number 2070-0012.

Public reporting burden for this collection ofinformation is estimated to vary from 30 to 170 hours per response, with an average of 100 hours per response, including time forreviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection ofinformation.

Sand comments regarding the burden estimate orany other aspect ofthis collection ofinformation, including suggestions for reducing thisburden, to Chief, Information Policy Branch, PM223, U.S. Environmental Protection Agency, 401 M St., SW., Washington, DC 20460; and to Office ofManagement and Budget, Paperwork Reduction Project (2070-0012), Washington, DC 20503. List ofSubjects in 40 CFR Part 721

Environmental protection, Chemicals, Hazardous materials, Reporting and recordkeeping requirements, Significant

new uses.

Dated: September 24, 1993. Susan H.Wayland, ActingAssistantAdministrator for Prevention, Pesticides and ToxicSubstances. Therefore, 40 CFR part 721 is amended as follows:
PART 721--[AMENDED]

1.The authority citation for part 721 continues to read as follows:

Authority: 15U.S.C. 2604, 2607, and 2625(c).

2. By adding new § 721.285 to subpart Eto readas follows: §721.285 Acetamlde, N-J4- (pentyloxy)phenyl]-, acetamide, N.(2-nitro-4- and acetamide, N-J2- amlno-4-(pentyloxy)phenyl]-.

(a) Chemicalsubstancesand significant new usessubjectto reporting. (1)The chemical substances identified

as acetamide, N-[4-(pentyloxy)phenyl]- (PMN P-92-31), acetamide, N-[2-nitro4-(pentyloxy)phenyll- (PMN P-92-32), andacetamide, N-[2-amino-4- (pentyloxy)phenyl]- (PMN P-92-33) are subjectto reporting under this section forthe significant new uses described in paragraph (a)(2) ofthis section. (2) The significant new uses are: (i Industrial, commercial,andconsumer activities.Requirements as specified in 

### §721.80(h).

(ii) Releaseto water.Requirements as specified in §721.90(a)(4), (b)(4), and (c)(4) (whereN = 90 ppb for PMNs P92-31 and P-92-32, and N =30 ppb for P-92-33). When calculating the surface water concentrations according to the instructions in §721.90(a)(4), the statement that the amount ofthe substance that will bereleased will be calculated before the substance enters control technology does not apply. Instead, ifthe waste stream containing the substance will be treatedbefore release, then the amount ofthe substance reasonably likely tobe removed from the waste stream by such treatment may be subtracted in calculating the number ofkilograms released. No more than 25 percent removal efficiency may be attributed to such treatment.

(b) Specificrequirements.The provisions ofsubpart A ofthispart apply to this section except as modified by this paragraph.

(1)Recordkeeping.Recordkeeping requirements as specified in § 721.125(a), (i), and (k)are applicable to manufacturers, importers, and processors ofthis substance.

(2) Limitationsorrevocationof certainnotificationrequirements. The provisions of§ 721.185 apply to this section.

3. By adding new §721.323 to subpart E to read as follows: §721.323 Substituted acrylamide.

(a) Chemicalsubstanceand significantnew uses subjecttoreporting. (1)The chemical substance generically identified as substituted acrylamide (PMN P-90-1687) is subject to reporting under this section for the significant
new uses described in paragraph (a)(2) ofthis section.

(2)The significant new uses are: (i) Protectionin the workplace. Requirements as specified in §721.63(a)(1), (a)(2)(iii), (a)(3), (a)(4), (a)(6)(ii), (a)(6)(v), (b)(concentration set at 0.1 percent), and (c). Section 721.63(a)(5)(i), (a)(5)(ii), and (a)(5)(iii) apply to manufacturing operations only; §721.63(a)(5)(ix), (a)(5)(x), and (a)(5)(xi) apply to processing and use operations only.

(ii) Hazardcommunication program. Requirements as specified in §721.72(a), (b), (c), (d), (e) (concentration set at 0.1 percent), (f), (g}(1}(vi), (g}(1)(vii), (g)(2)(ii} (g)(2)(iii), (g)(2)(iv), (g)(2)(v), and (g)(5). The following additional statement shall appear on each label and MSDS as required by this paragraph: This substance may cause nervous system effects.

(iii)Industrial, commercial,and

consumeractivities. Requirements as specified in §721.80(q).

(b) Specific requirements. The provisions ofsubpart A ofthispart apply to this section.

(1)Recordkeeping. Recordkeeping requirements as specified in § 721.125(a) through (i are applicable to manufacturers, importers, and processors ofthis substance.

(2) Limitationsorrevocationof certainnotificationrequirements. The provisions of§ 721.185 apply to this section.

(3) Determiningwhethera specificuse issubjectto thissection.The provisions of§ 721.1725(b)(1) apply to this section.

4. By adding new §721.1740 to subpart Eto readas follows: §721.1740 Substituted dichlorobenzothiazoles.

(a) Chemicalsubstancesand significantnew uses subjectto reporting. (1)The chemical substances identified generically as substituted dichlorobenzothiazoles (PMN P--91- 1190 and P-91-1191) are subject to reporting under this section for the significant new uses described in paragraph (a)(2) ofthis section.

(2) The significant new uses are: (i) Industrial, commercialandconsumer activities.Requirements as specified in §721.80(w)(1), (w)(2), (x)(1), and (x)(2).

(ii)Release to water.Requirements as specified in § 721.90(a)(1).

(b) Specificrequirements. The provisions ofsubpart A ofthispart apply to this section except as modified by thisparagraph. (1)Importers and processors ofthis substance are not subject to this section ifthey only resell a formulation containing the PMN substance.

(2) Recordkeeping.Recordkeeping requirements as specified in § 721.125(a), (b), (c), (i), and (k) are applicable to manufacturers, importers, andprocessors of this substance.

(3)Limitationsorrevocationof certainnotificationrequirements. The provisions of§ 721.185 apply to this section.

5.By adding new §721.2260 to subpart Eto read as follows: 

### §721.2260 1,2-Cyclohexanedicarboxylic acid, 2,2-bis[[[2-[(oximrnylmethoxy) carbonyl]cyclohexylcarbonyl]oxy]methyl]-. 1,3-propanedlyl ble(oxlranyimethy) ester.

(a) Chemicalsubstanceand significantnew usessubjectto reporting. (1)The chemical substance 1,2- cyclohexanedicarboxylic acid, 2,2-Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Rules and Regulations 51703

bis[[[2-[{oxiranylmethoxy) carbonyll cyclohexylcarbonyl] oxylmethyll-1,3- propanediyl bisfoxiranylmethyl) ester (PMN P-92-471) is subject to reporting under this section for the significant

new uses described in paragraph (a)(2) ofthis section.

(2) The significant new uses are: (i) Protection in theworkplace. Requirements as specified in §721.63(a)(4), (a)(5)(ii), (a)(5){viii), (a)(5)(ix), (a)(6)(ii), (b) (concentration set at 0.1 percent), and (c).

(ii) Hazard communicationprogram. Requirements as specified in § 721.72(a), (b), (c), (d), (e) (concentration set at 0.1 percent), (f), (g){1)(vi), (g)(1)(vii), (8){2)(ii), (g)(2)(iv), and (g)(5).

(iii) Industrial, commercial, and

consumer activities. Requirements as specified in § 721.80(q).

(b)Specificrequirements.The provisions ofsubpart A ofthis part apply to this section except as modified by thisparagraph. (1)Recordeeping. Recordkeeping
requirements as specified in § 721.125(a), (b), (c), (i, (g), (h), and (i)

are applicable to manufacturers, importers, and processors ofthis substance.

(2)Limitationsorrevocationof certainnotificationrequirements. The provisions of§ 721.185 apply to this section.

(3) Determining whethera specific use is subjectto thissection.The provisions of§ 721.1725(b)(1) apply to this section.

6. By adding new § 721.4215 to subpart E to read as follows:
§721.4215 Hexanedloic acid, diethenyl ester.

(a)Chemicalsubstanceand significant new usessubjectto reporting. (1) The chemical substance identified as hexanedioic acid, diethenyl ester (PMN P-90-1564) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) ofthis section. The requirements ofthis section do not apply once the substance has been incorporated into apolymer matrix with the level ofresidual monomer below 0.1 percent.

(2) The significant new uses are: (i) Protection in the workplace. Requirements as specified in §721.63(a)(1), (a)(2)(i), (There must be

no permeation ofthe PMN substance greater than 0.05 gg/min.cm2 after 8 hours oftesting in accordance with the most current version oftheAmerican Society for Testing and Materials (ASTM) F739 "Standard Test Method for Resistance ofProtective Clothing Materials to Permeation by Liquids or Gases." For conditions ofexposure which are intermittent, gloves may be tested in accordance with the most current version ofASTM F1383 "Standard Test Method forResistance of Protective Clothing Materials to Permeation by Liquids orGases Under Conditions ofIntermittent Contact," provided thecontact time in testing is greater than orequal to the expected duration ofdermal contact, and the purge time used in testing is less than

orequal to the expected duration of noncontact duringthe intermittent cycle ofdermal exposure in the workplace. If ASTM F1383 is used fortesting, manufacturers, importers, and processors must submit to the Agency a description ofworker activities involving the PMN substance which includes daily frequencies and durations of potential worker exposures. The results of all glove permeation • testing must be reported in accordance with the most current version ofASTM F1194 "Guide for Documenting the Results ofChemical Permeation Testing ofProtective Clothing Materials." Manufacturers, importers, and processors must submit all test data to the Agency and must receivewritten Agency approval for each type ofglove tested priortouse ofsuch gloves. The following gloves have been testedin accordance with the ASTM F739 method and found by EPA to satisfy the requirements for continuous use: North/ B-161-R/Butyl rubber gloves (These gloves are acceptable forthe solid form ofthe substance only.), 0.04 cm thick; and Ansell Edmont/4H/PE/EVOH/PE Laminate gloves, 0.006 cm thick. (Gloves may not beused fora time period longer than they are actually tested and must be replaced atthe end ofeach work shift.)), (a)(2)(ii) (With the exception oflaboratory activities, full body chemical protective clothing is required for anyworker activity in which the substance is reasonably likely to contact the worker inthe following state(s): Open liquid pool or solid of greater than 5kg; liquid spray orsplash; mist; aerosol dust; or any worker activity which have potential for contact with the PMN chemical for more than 10min/h. At a minimum, achemical protective apron is required forany worker activity withpotential for contact with the PMN chemical which is notcovered bythis paragraph)), f(a)(2)(iii), (a)(3), (a)(4), (a)(5)(iii) (if cartridge service life testing is not available), (a)(5)(xii) or (a)(5)(xiii) (if data on cartridge service life testing has been reviewed and approved in writing byEPA), (a)(6)(i), (a)(6)(ii), (a)(6)(iv), and (a)(6)(v). As an alternative tothe respiratory requirements in this section, manufacturers, importers, and processors may use the New Chemical Exposure Limits provisions, including sampling and analytical methods which have previously been approvedby EPA forthis substance, found in the 5(e) consent order for this substance.

(ii)Hazard communication program. Requirements as specified in § 721.72(a), (b), (c), (d), (e) (concentration setat 0.1 percent), (f, (h)(1)(vi) (The following additional statements shall appear on each label required by thisparagraph: The health effects ofthis material have not been fully determined butare currently being tested. EPAis concerned however, that this material may have serious chronic health and environmental effects. When using this material, use eye and skin protection, which includes gloves which have been determined to be impervious to this substance. Use respiratory protection, unless workplace airborne concentrations are maintained at orbelow an 8-h time weighted average (TWA) of I ppm, when there is

a likelihood ofexposure in the work

area from dust, mist, smoke or vapors.), (h)(2)(ii)(F), (h)(2)(ii)(G), h)2)ii)(I). (h){2)(iii}{A}, {h}{2}{iii}{B}, {h){2}{iii){C}, {h}{2}{iii}{E), {h}{2}{iv}{A}, {h}{2}(iv){B),
The following additional statements shall appear on each MSDS required by this paragraph: This substance may
cause moderate skin irritation. This substance may cause neurotoxicity. When using this substance, use respiratory protection, unless workplace airborne concentrations are maintained at orbelow an 8-h TWA ofI ppm. iii) Industrial, commercial,and

consumeractivities.Requirements as specified in § 721.80(q).

(iv) Releaseto water.Requirements as specified in §721.90 (a)(4), (b)(4), and (c)(4) (where N = 80 ppb). When calculating the surface water concentrations according to the instructions in § 721.91(a)(4), the statement that the amount ofthe substance that will be released will be calculated before the substance enters control technology does not apply. Instead, ifthe waste stream containing the substance will betreated before release, then the amount ofthe substance reasonably likely to be removed from the waste stream by such treatment may be subtracted in calculating the number ofkilograms released. No more than 75 percent removal efficiency maybe attributed to such treatment. In addition, when the substance is released in combination with the substances hexanoic acid, 2- ethyl-, ethenyl ester, neononanoic acid, ethenyl ester, and propanoic acid, 2,2- dimethyl-, ethenyl ester, the quotient51704 Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Rules and Regulations

from the formula referenced in this section shallnot exceed the average of the quotient applicable to the other substances weighted by the proportion ofeach substance present inthe total daily amount released.

(b) Specificrequirements.The provisions ofsubpart A ofthis part apply to this section except as modified by this paragraph.

(1)

### Recordkeeping.Recordkeeping requirements as specified in §721.125(a) through 

### (i), and 

### (k)are applicable to manufacturers, importers, and processors ofthis substance. Manufacturers, importers, and processors ofthe substance must documentthat the PMN substance has been incorporated into a polymer matrix with the level ofresidual monomer below 0.1 percent ifthis section does notapply as described in paragraph (a)(1) ofthis section.

(2) Limitationsorrevocationof certainnotificationrequirements. The provisions of§721.185 apply to this section.

(3) Determining whetheraspecificuse issubjectto thissection.The provisions of§ 721.1725(b)(1) apply to this section.

7. By adding new §721.4250 to subpart E to read as follows:

§721.4250 Hexanoic acid, 2-ethyl-, ethenyl ester.

(a) Chemicalsubstanceand significantnew usessubjectto reporting. (1)The chemical substance identified as hexanoic acid, 2-ethyl-, ethenyl ester (PMN P-91-826) is subject toreporting under this section forthe significant

new uses described in paragraph (a)(2) ofthis section. The requirements ofthis section do not apply once the substance has beenincorporated into apolymer matrix with the level ofresidual

monomer below 0.1 percent.

(2) The significant new uses are: (I) Protectionin theworkplace. Requirements as specified in §721.63(a)(1), (a)(2)(i) (There mustbe

no permeation of the substance greater than 0.02 tg/min.cm2 alter 8 hours of testing in accordance with the most current version ofthe American Society forTesting and Materials (ASTM) F739 "Standard Test Method forResistance of Protective Clothing Materials to Permeation by Liquids orGases." For conditions ofexposure which are intermittent, gloves may be tested in accordance with the most current version ofASTM F1383 "Standard Test Method for Resistance ofProtective ClothingMaterials to Permeation by Liquids or Gases Under Conditions of Intermittent Contact,".provided the contacttime in testing is greater than or equal tothe expected duration ofdermal contact, and the purge time used in testing is less than or equal to the expected duration ofnoncontact during the intermittent cycle ofdermal exposure inthe workplace. IfASTM F1383 is used for testing, manufacturers, importers, and processors must submit to the Agency a description ofworker activities involving the substance which Includes daily frequencies and durations of potential worker exposures. The results ofall glovepermeation testing must be reported in accordance with the most current version ofASTM F1194 "Guide forDocumenting the Results of Chemical Permeation Testing ofProtective Clothing Materials." Manufacturers, importers, and processors must submit all test data to the Agency and must receive written Agency approval for each type ofglove tested prior to use ofsuch gloves. The following gloveshave been tested in accordance with the ASTM F739 method and found by EPA to satisfy the requirements for continuous use: North/ F101/Vitron gloves, 0.03 cm thick; and Ansell/Edmont/4H/PE/EVOH/PE Laminate gloves, 0.006 cm thick.(Gloves may not be used for a time period longer than they are actually tested and must be replaced at the end of each work shift.)), (a)(2)(ii) (With the exception of laboratory activities, fullbody chemical protective clothing is required forany worker activity inwhich the substance is reasonably likely to contact the worker in the following state(s): Open liquid pool or solid ofgreater than 5

### kg; liquid spray or splash; mist; aerosol dust; or anyworker activity which have potential for contact withthe PMN chemical formore than 10 min/h. At a minimum, achemical protective apron is required for any worker activity with potential for contact withthe PMN chemical which is not coveredby this paragraph), (a)(2)(iii), (a)(3), (a)(4), (a)(5)(iii) 

### (ifcartridge service life testing is not available), (a)(5)(xii) or (a)(5)(xiii) (ifdata on cartridge service life testing has beenreviewed and approved in writingby EPA), (a)(6)(i), (a)(6)(ii), (a)(6)(iv), and (a)(6)(v).

(ii)Hazard communication program. Requirements as specified in §721.72 (a), (b), (c), (d), (e) (concentration set at 0.1 percent), (f), (h)(1)(vi) (The following additional statements shall appear on each label required by thisparagraph: The health effects ofthis material have not been fully determined but are currently being tested. EPA is concerned however, that this material may have serious chronic health and environmental effects. When using this material, use eye and skin protection, which includes gloves which have been determined to be impervious to this substance. Use respiratory protection, unless workplace airborne concentrations are maintained at or below an 8-h time weighted average (TWA) ofI ppm, when there is a likelihood ofexposure in the work area from dust, mist, smoke or vapors.), (h)(2)(ii)(F), (h)(2)(ii(G, h)(2)(ii)(I), ( h){2}(iii}{A}, {h}{2}(iii}{B}, (h}{2){iii}{C), {h}(2}{iii}{E}, {h}{2){iv}{A), (h}{2}{iv}{B}. The following additional statements shall appear on each MSDS required by this paragraph: This substance may cause moderate skin irritation. This substance may cause neurotoxicity. When usingthis substance, use respiratory protection, unless workplace airborne concentrations are maintained at orbelow an 8-h TWA of I ppm.

(iii) Industrial,commercial, and

consumeractivities.Requirements as specified in §721.80(q).

(iv)Releaseto water.Requirements as specified in §721.90 (a)(4), (b)(4), and (c)(4) (where N =7 ppb). When calculating the surface water concentrations according to the instructions in §721.91(a)(4), the statement that the amount ofthe substance that will be released will be calculated before the substance enters control technology does not apply. Instead, ifthe waste stream containing the substance will be treated before release, then the amount ofthe substance reasonably likely to be removed from the waste stream by such treatment may be subtracted in calculating the number ofkilograms released. No more than 75 percent removal efficiency maybe attributed to such treatment. In addition, when the substance is released in combination with the substances hexanedioic acid, diethanyl ester, neononanoic acid, ethenyl ester, andpropanoic acid, 2,2- dimethyl-, ethenyl ester,the quotient from the formula referenced in this section shall not exceed the average of the quotient applicable to the other substances weighted by the proportion of each substance present in the total daI amount released.

IV Specificrequirements. The provisions ofsubpart A ofthis part apply to this section except as modified by thisparagraph.

(1)Recordkeeping. Recordkeeping requirements as specified in §721.125(a) through (i), and (k) are applicable to manufacturers, importers, and processors ofthis substance. Manufacturers, importers, and processors ofthe substance must document that the substance hasbeen incorporated into a polymer matrix with the level ofresidual monomer below 0.1 percent ifthis section does not apply asFederal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Rules and Regulations 51705

described in paragraph (a)(1) ofthis section.

(2) Limitationsorrevocationof certainnotificationrequirements.The provisions of §721.185 apply to this section.

(3) Determiningwhetheraspecific use issubjectto thissection.The provisions of §721.1725(b)(1) apply to this section.

8. By adding new §721.4550 to subpart E to read as follows: §721.4550 Diperoxy ketal,

(a)Chemicalsubstanceand significant new usessubjectto reporting. (1)The chemical substance identified generically as diperoxy ketal [PMN-92- 1394) Is subject to reporting under this section forthe significant new uses described inparagraph (a)(2) ofthis section.

(2) The significant new uses are: (I) Hazard communicationprogram. Requirements as specified in §721.72(a), (b), (c), (d), (), (g)(3)(ii), (g)(4)(iii), and (g)(5).

(ii)Industrial, commercial,and

consumeractivities.Requirements as specified in §721.80(q).

(iii)Release to water.Requirements as specified in §721.90(a)(1), (b)(1), and (c)(1).

(b), Specificrequirements. The provisions of subpartA ofthis part apply tothis section except as modified by this paragraph. (1)

Recoeping. Recordkeeping requirements as specified in §721.125(a), (b), (c), (f), (g), (h), (i), and (k)are applicable to manufacturers, importers, and processors ofthis substance.

(2) Limitationsorrevocationof certainnotificationrequirements. The provisions of§721.185 apply to this section.

(3) Determiningwhetheraspecificuse issubjectto thissection.The provisions of §721.1725(b)(1) apply to this section.

9. By adding new § 721.4590 to subpart Eto read as follows: §721.4590 Mannich-based adduct.

(a)Chemicalsubstance and significant newuses subjectto reporting. (1)The chemical substance generically identified as aMannich-based adduct (PMNP-93-66) is subject to reporting under this section for the significant
newuses described in paragraph (a)(2) ofthis section.

(2) The significant new uses are: (i) Industrial,commercial, andconsumer activities.Requirements as specified in 

### §721.80(h).

(ii) Releaseto water. Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (where N = 8 ppb).

(b) Specific requirements.The provisions of subpartA ofthis part apply to this section except as modified by this paragraph

(1)Recordkeeping.Recordkeeping requirements as specified in §721.125(a), (i), and (k) are applicable to manufacturers, importers, and processors ofthis substance.

(2) Limitationsorrevocationof certainnotificationrequirements. The provisions of §721.185 apply to this section.

10. By adding new §721.5310 to subpart Eto read as follows: §721.5310 Neononanolc acid, ethenyl ester.

(a) Chemicalsubstanceand significantnew uses subjecttoreporting. (1) The chemical substance identified as neononanoic acid, ethenyl ester (PMN P-92-129) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) ofthis section. The requirements ofthis section do not apply once the substance has been incorporated into a polymer matrix with the level ofresidual monomer below 0.1 percent.

(2) The significant new uses are: (i) Protectionin the workplace. Requirements as specified in § 721.63(a)(1), (a)(2)(i) (There mustbe

no permeation ofthe substance greater than 0.02 gg/min-cm2after 8 hours of testing in accordance with the most current version ofthe American Society forTesting and Materials (ASTM) F739 "Standard Test Method forResistance of Protective Clothing Materials to Permeation by Liquids or Gases." For conditions ofexposure which are intermittent, gloves may be tested in accordance with the most current version ofASTM F1383 "Standard Test Method for Resistance ofProtective Clothing Materials to Permeation by Liquids or Gases Under Conditions of Intermittent Contact," provided the contact time in testing is greater than or equal to the expected duration ofdermal contact, andthe purge time used in testing is less than or equal to the expected duration of noncontact during the intermittent cycle ofdermal exposure inthe workplace. IfASTM F1383 is used fortesting, manufacturers, importers, and processors must submit to the Agency a description ofworker activities involving the substance which includes daily frequencies and durations ofpotential worker exposures. The results ofall glove permeation testing must be reported in accordance with the most current version ofASTM F1194 "Guide for Documenting the Results.ofChemical Permeation Testing ofProtective Clothing Materials." Manufacturers, importers, and processors must.submit all test data to the Agency and must receive written Agency approval for each type ofglove tested priorto use ofsuch gloves. The followinggloves have been tested in accordance with the ASTM F739 method and found by EPA to satisfy the requirements for continuous use: North/ F101/Vitron gloves, 0.03 cm thick; and AnsellIEdmontI4H/PE/EVOH/PE Laminate gloves, 0.006 cm thick. Gloves may notbe used fora time period longer than they are actually tested and must be replaced at the end ofeach work shift.), (a)(2)(ii) (With the exception of laboratory activities, full body chemical protective clothing is required forany worker activity in which the substance is reasonably likely to contact the worker in the following state(s): Open liquid pool or solid ofgreater than 5 kg; liquid spray or splash; mist; aerosol dust; or any worker activity which have potential for contact with the substance formore than 10 min/h. At a minimum,

a chemical protective apron is required for any worker activity with potential for contact with the substance which is not covered by this paragraph), {a}{2){iii}, (a)(3), (a)(4), {a}{5}{iii) (if cartridge service life testing is not available), (a)(5)(xii) or (a}(5)(xiii) (if data on cartridge service life testing has been reviewed and approved in writing by EPA), (a)(6)(i), (a)(6)(ii), (a)(6)(iv), and (a){6)(v).

(ii)Hazardcommunication program. Requirements as specified in §721.72(a), (b), (c), (d), (e) (concentration set at 0.1 percent), (f), (h)(1)(vi) (Thefollowing additional statements shall appear on each label required by this paragraph: The health effects ofthis material have not been fully determined but are currently being tested. EPA is concerned however, that this material may have seriouschronic health and environmental effects. When using thismaterial, use eye and skin protection, which includes gloves which have been determined to be impervious to this substance. Use respiratory protection, unless workplace airborne concentrations are maintained at brbelow an 8-h time weighted average (TWA)of Ippm, when thereis

a likelihood ofexposure inthe work

area from dust, mist, smoke or vapors.), (h)(2)(ii)(F), (h)(2)(ii)(G), (h)(2)(ii)vI), (h}{2){iii){A), (h){2)(iii)(B), {h)(2)(iii){C), (h){2){iii){E), (h){2)(iv){A), (h){2){iv){B) (The following additional statements shall appear on each MSDS required by this paragraph: This substance may cause moderate skin irritation. This substance may cause neurotoxicity. When using this substance, use respiratory protection, unless workplace51706 Federal Register I Vol. 58, No. 190 / Monday, October 4, 1993 / Rules and Regulations

airborne concentrations are maintained at orbelow an 8-h TWA ofppm.)

(iii) Industrial,commercial, and

consumeractivities.Requirements as specified in §721.80(q).

(iv)Releaseto water.Requirements as specified in §721.90(a)(4), (b)(4), and (c)(4) (where N = 5ppb). When calculating the surface water concentrations according to the instructions in §721.91(a)(4), the statement that the amount ofthe substance that will be released will be calculated before the substance enters control technology does not apply. Instead, ifthe waste stream containing the substance will be treated before release, then the amount ofthe substance reasonably likely to be removed from the waste stream by such treatment may be subtracted in calculating thenumber ofkilograms released. No more than 75 percent removal efficiency may be attributed to such treatment. In addition, when the bubstance is released in combination with the substances hexanedioic acid, diethenyl ester, hexanoic acid, 2-ethyl-

,ethenyl ester, and propanoic acid, 2,2- dimethyl-, ethenyl ester, the quotient from the formula referenced in this section shall notexceed the average of the quotient applicable to the other substances weighted by the proportion ofeach substance present in the total dail amount released.

tb Specific requirements.The provisions ofsubpart A ofthis part apply to this section except as modified by this paragraph.

(1)Recordkeeping. Recordkeeping requirements as specified in §721.125(a) through (i), and (k) are applicable to manufacturers, importers, and processors ofthis substance. Manufacturers, importers, and processors ofthe substance must keep records documenting that the PMN substance has been incorporated into a polymer matrix with the level of residual monomer below 0.1 percent if this section does not apply as described in paragraph (a)(1) ofthis section.

(2) Limitationsorrevocationof certainnotificationrequirements.The provisions of§ 721.185 apply to this section.

(3) Determiningwhetheraspecificuse is subjectto thissection.The provisions of§721.1725(b)(1) apply tothis section.

11. By adding new §721.5385 to subpart E to read as follows: §721.5385 Octanoicacid, hydrazide.

(a) Chemicalsubstanceand significant new usessubjectto reporting. (1)The chemical substance identified as octanoic acid, hydrazide (PMN P-92- 1086) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) ofthis section.

(2) The significant new uses are: (i) Protectionin theworkplace. Requirements as specified in §721.63(a)(1), (a)(3), (a)(4), (a)(5giv), (a)5}{v},(a)(5)(vi), (a)(5)(vii), a)(6)(ii), (b) (concentration set at 0.1 percent), and (c).

(ii) Hazardcommunication program. Requirements as specified in §721.72(a), (b), c), (d), (e) (concentration set at 0.1 percent), {f, {g}(1}{i}, {g){1}{ii}, Cg}{1){vii}, {g}(2}[i}, (g}(2}(ii}, (g}{2}{iii}, (g}{2}(iv}, {g){2}{v}, (g)(3)(ii), (g)(4)(i), and (g)(5).

(iii) Industrial,commercial,and

consumeractivities.Requirements as specified in §721.80(q).

(iv)Disposal.Requirements as specified in §721.85(a)(1) and (b)(1).

(b) Specificrequirements. The provisions ofsubpart A ofthis part apply to this section except as modified by thisparagraph. (1)Recordkeeping.Recordkeeping requirements as specified in §721,125(a) through (Q) are applicable to manufacturers, importers, and processors of this substance.

(2)Limitationsorrevocationof certainnotificationrequirements.The provisions of§721.185 apply to this section.

(3)Determiningwhethera specific use issubjectto thissection.The provisions of§721.1725(b)(1) apply to this section.

12. By adding new §721.5705 to subpart E to read as follows: 

### §

721.5705 2,5,8,10,13-Pentaoxahexadeo15-enoic acid,9,14-dioxo-2-[(1-oxo-2 propenyl)oxylethyl ester.

(a) Chemicalsubstanceand significantnew usessubjectto reporting. (1)The chemical substance identified as 2,5,8,10,13-pentaoxahexadec-15-enoic acid, 9,14-dioxo-2-[(1-oxo-2- propenyl)oxyjethyl ester (P-91-548) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) ofthis section.

(2)The significant new uses are: 

### i) Protectionin the workplace. Requirements as specified in §721.63(a)(1), {a)(2)(i), (a)(2)(iii), (a)(2)(iv), (a)(3), (a)(4), (a)(5)(xi), (a)(6)(i), {a}(6}(ii}, {a}{6}(iii}, (a}{6}{iv}, {a}{6}{v}, (a)(6)(vi), (b) (concentration set at 0.1 percent), and Cc). Based on organic vapor cartridge service life data available on the PMN substance, respirator cartridges shallbe changed at least every 8 hours.

(ii) Hazardcommunication program. Requirements as specified in §721.72(a), (b), (c), (d), Ce) (concentration set at 0.1 percent), (f), (h}{1){i){A}, [h}{1}(i}{B}, (h}(1){vi}, (h)(2)(i)(B), (h)(2)(i)(D), and (h)(2)(iii)(A). The following additional statement shall appear on each label and MSDS asrequired by this paragraph: Use respiratory protection when there is

a reasonable likelihood ofexposure in the work area from dust, mist, smoke. fumes, vapor, or gas.

(iii) Industrial,commercial,and

consumeractivities.Requirements as specified in § 721.80(o).

(b) Specificrequirements. The provisions of subpart A ofthis part apply to this section except as modified by this paragraph. (1) Recordkeeping.Recordkeeping requirements as specified in §721.125(a) through (i) are applicable to manufacturers, importers, and processors ofthis substance. (2)Limitationsorrevocationof certainnotificationrequirements. The provisions of §721.185 apply to this section.

13. By adding new § 721.5915 to subpart E to read as follows: §721.5915 Polysubstituted phenylazopolysubstitutedphenyl dye.

(a) Chemicalsubstanceand significantnew uses subjectto reporting. (1) The chemical substance identified generically as apolysubstituted phenylazopolysubstitutedphenyl dye (PMN P-93-658) is subject to reporting under this section for the significant

new uses described in paragraph (a)(2) ofthis section.

(2) The significant new uses are: (i) Industrial, commercialandconsumer activities.Requirements as specified in § 721.80(w)(1), (w)(2), (x)(1), and (x)(2).

(ii) [Reserved] (b)Specific requirements.The provisions ofsubpart A ofthis part apply to this section except as modified by this paragraph. (1) Recordkeeping.Recordkeeping requirements as specified in § 721.125(a), (b), (c), and i)are applicable to manufacturers, importers, and processors ofthis substance.

(2)Limitationsorrevocationof certainnotificationrequirements. The provisions of§ 721.185 apply to this section.

14. By adding new §721.5920 to subpart E to read as follows: § 721.5920 Phenyl(disubstitutedpolycyclic).

(a) Chemicalsubstanceand significantnew usessubjectto reporting. (1) The chemical substance identified generically as phenyl(disubstitutedpolycyclic) (PMN P-92-1337) is subject to reporting under this section for the significant new uses

### Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Rules and Regulations 51707

described inparagraph (a)(2) ofthis section.

(2) The significant new uses are: (i) Releaseto water.Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (where N = 10 ppb).

(b) Specific requirements. The provisions ofsubpart A ofthis part apply to this section except as modified by thisparagraph. (1)

Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), and k) are applicable to manufacturers, importers, and processors ofthis substance.

(2) Limitationsorrevocationof certainnotificationrequirements. The provisions of§ 721.185 apply to this section.

15. By adding new §721.5990 to subpart Eto read as follows: §721.5990 Halogenated phosphate ester.

(a)Chemicalsubstanceand significantnew usessubjectto reporting. (1)The chemical substance identified generically as a halogenated phosphate ester (PMN P-86--1662) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) ofthis section. The requirements ofthis section do not apply once the substance hasbeen incorporated into a polymer matrix with the level ofresidual monomer below 0.1 percent.

. (2)The significant new uses are: (i) Protectionin the workplace. Requirements as specified in §721.63(a)(1), (a)(3), (a)(4), (a)(5)(iv), (a)(5)(v), (a)(5) (vi), (a)(6)(i), (b) (concentration setat 1.0 percent), and (c).

(ii)Hazardcommunicationprogram. Requirements as specified in § 721.72(a), (b), (c), (d), (e) (concentration set at 1.0 percent), (f}, (g)(2)(i), (g)(2)(iv), (g)(2)(v), (g)(5). The followingadditional statements shall appear on each label and MSDS as required bythis paragraph: This substance may cause neurotoxicity. Wiii) Industrial, commercial,and

consumeractivities. Requirements as specified in §721.80(q).

(iv)Disposal. Requirements as specified in §721.85(a)(1), (a)(2), (b)(1), (b)(2), (c)(1), and (c)(2).

(b) Specificrequirements.The provisions ofsubpart A ofthis part apply to this section except as modified by thisparagraph.

(1)Recordkeeping.Recordkeeping requirements as specified in §721.125(a) through 

### (j)are applicable to manufacturers, importers, and processors ofthis substance.

(2)Limitationsorrevocationof certainnotificationrequirements. The provisions of § 721.185 apply to this section.

(3) Determiningwhetheraspecific use is subject to thissection. The provisions of § 721.1725(b)(1) apply to this section. 16. By adding new § 721.6070 to subpart E toread as follows:
§721.6070 Alkyi phosphonate ammonium salts.

(a) Chemicalsubstancesand significantnew usessubjectto reporting. (1) The chemical substances identified generically as alkyl phosphonate ammonium salts (PMNs P-93-725 and P-93-726) are subject to reporting under this section for the significant new uses described in paragraph (a)(2) ofthis section.

(2) The significant new uses are: (i) Release to water.Requirements as specified in §721.90(a)(4), (b)(4), and (c)(4) (whereN = 400 ppb).

(b) Specific requirements. The provisions ofsubpart A ofthis part apply to this section except as modified by this paragraph.

(1) Recordkeeping.Recordkeeping requirements as specified in § 721.125(a), (b), (c), and (k) are applicable to manufacturers, importers, and processors ofthis substance.

(2) Limitationsorrevocationof certainnotificationrequirements. The provisions of§ 721.185 apply to this section.

17. By adding new § 721.6085 to subpart E to read as follows:
§721.6085 Phosphonocarboxylate salts.

(a)Chemicalsubstancesand significantnew uses subjectto reporting. (1)The chemical substances identified generically as phosphonocarboxylate salts (PMNs P-93-722, P-93-723, and P-93-724) are subject to reporting under this section for the significant new uses described in paragraph (a)(2) ofthis section.

(2) The significant new uses are: (i) Release to water.Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (where N,= 1000 ppb). (ii) [Reserved] (b) Specific requirements. The provisions of subpart A ofthis part apply to this section except as modified by this paragraph. (1)Recordkeeping.Recordkeeping requirements as specified in § 721.125(a), (b), (c), and (k) are applicable to manufacturers, importers, and processors ofthis substance.

(2)Limitationsorrevocationof certainnotificationrequirements.The provisions of§ 721.185 apply to this section.

18. By adding new §721.7770 to subpart E to read is follows: §721.7770 Alkylphenoxypoly(oxyethylene) sulfuric acidester, substitutedamine sal

(a)Chemicalsubstanceand significant new usessubjecttoreporting. (1) The chemical substance identified as alkyl phenoxypoly(oxyethylene) sulfuric acid ester, substituted amine salt (PMN P-92-396) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) ofthis section.

(2) The significant new uses are: (i) Hazard communication program. Requirements as specified in § 721.72(a), (b), (c), (d), (f), (g)(3)(i), (g)(3)(ii), (g)(4)(iii), and (g)(5).

(ii)Industrial, commercial,and

consumeractivities.Requirements as specified in § 721.80(k).

(iii)Release to water.Requirements as specified in § 721.90(a)(1).

(b) Specificrequirements.The provisions ofsubpart A ofthis part apply to this section except as modified by this paragraph.

(1) Recordkeeping.Recordkeeping requirements as specified in § 721.125(a), (b), (c), (M,(g), (h), i), and (k)are applicable to manufacturers, importers, and processors ofthis substance.

(2)Limitationsorrevocation of certainnotificationrequirements. The provisions of§ 721.185 apply to this section..

(3) Determiningwhetheraspecific use is subjectto thissection.The provisions of§ 721.1725(b)(1) apply to this section.

19. By adding new §721.8160 to subpart E to read as follows: §721.8160 Propanoic acid,2,2-dimethyl-, ethenyl ester.

(a) Chemicalsubstanceand significantnew usessubjectto reporting. (1)The chemical substance identified as propanoic acid, 2,2-dimethyl-, ethenyl ester (PMN P-89-1058) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) ofthis section. The requirements ofthis section do not apply once the substance has been incorporated into apolymer matrix with the level ofresidual monomer below 0.1 percent.

(2) The significant new uses are: (i) Protectionin the workplace. Requirements as specified in § 721.63(a)(1), (a)(2)(i) (There must be

no permeation of the substance greater than 0.02 gg/min.cm2 after 8hours of testing in accordance with the most current version ofthe American Society for Testing and Materials ASTM F739 "Standard Test Method for Resistance of Protective Clothing Materials to Permeation by Liquids orGases." For conditions ofexposure which are51708 Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Rules and Regulations

intermittent, gloves maybe tested in accordance with the most current version ofASTM F1383 "Standard Test Method forResistance ofProtective Clothing Materials to Permeation by Liquids or Gases Under Conditions of Intermittent Contact," provided the contact time in testing isgreater than or equal to the expected duration ofdermal contact, and the purge time used in testing is less than orequal to the expected duration ofnoncontact during the intermittent cycle ofdermal exposure in the workplace. IfASTM F1383 is used for testing, manufacturers, importers, and processors must submit to the Agency a description ofworker activities involving the substance which includes daily frequencies and durations ofpotential worker exposures. The results ofall glovepermeation testing must be reported in accordance with the most current version ofASTM Fl194 "Guide for Documenting the Results ofChemical Permeation Testing ofProtective Clothing Materials." Manufacturers, importers, and processors must submit all test data to the Agency and must receive written Agency approval for each type ofglove tested priorto use ofsuch gloves. The following gloves havebeen tested in accordance with the ASTM F739 method and foundby EPA to satisfy the requirements for continuous use: Ansell Edmont/15-554/PVA, 0.08 cm thick; and Ansell Edmont/4h/PE/EVOH/PE laminate gloves, 0.006 cm thick. Gloves may notbe used fora time period longer than they are actually tested and must be replaced atthe end ofeach work shift. The followinggloves have been tested in accordance withthe ASTM 1383 method and found by EPA to satisfythe requirements forintermittent

use: North/B-161-R/Butyl rubber gloves, 0.04 cm thick, time period tested 2 min/ h. The gloves listed may not beused for

atime period longerthan they are actually tested and must be replaced at the end of eachwork shiftunless based

on its review of data from the ASTM 1383 method, the company's personal protective equipment required under this paragraph, and other appropriate information, the Agency approves, in writing, a time period ofgreater duration.), (a)(2)(ii) (With the exception oflaboratory activities, full body chemical protective clothing is required for any worker activity in whichthe substance is reasonably likely to contact the worker in the following state(s): Open liquid pool or solid ofgreater than 5 kg; liquid spray or splash; mist; aerosol dust; or any worker activity whichhas thepotential for contact with the substance for more than 10 min/h. At a minimum, a chemical protective apron is required for any worker activity with potential for contact withthe substance which is not coveredby this paragraph), (a)(2)(iii), (a)(3), (a)(4), (a)(5)(iii) (ifcartridge service life testing is not available), (a)(5)(xii) or (a)(5)(xiii) (ifdata on cartridge service life testing has been reviewed and approved in writing by EPA), (a)(6)(i), (a)(6)(ii), (a){6)(iv), and (a)(6)(v). As an alternative to the respiratory requirements in this section, manufacturers, importers, and processors may use theNew Chemical Exposure Limits provisions, including sampling and analytical methods which have previously been approved by EPA forthis substance, found in the 5(e) consent order forthis substance. (ii)Hazardcommunication program. Requirements as specified in §721.72(a), (b), (c), (d), (e) (concentration set at 0.1 percent), (f), (h)(1)(vi), The following additional statements shall appear on each label required bythis paragraph: The health effects ofthis material have not been fully determined but are currently being tested. EPA Is concerned however, that this material may have serious chronic health and environmental effects. When using thismaterial, use eye and skin protection, which includes gloves which have been determined to be impervious to this substance. Use respiratory protection, unless workplace airborne concentrations are maintained at orbelow an 8-h time weighted average (TWA) ofI ppm, when there is

a likelihood ofexposure inthe work

area from dust, mist, smoke orvapor, (h)(2)(ii)(F), (h)(2)(i)(G), (h)(2)ii)(I}, {h}{2){iii){A}, (h}{2}(iii}{B}, {h){2)(iii}{C}, {h}{2}{iii){E}, {h}(2}{iv){A}, {h}{2){iv){B). The following additional statements shall appear on each MSDS required by this paragraph: This substance may cause moderate skin irritation.This substance may cause neurotoxicity. When using this substance, use respiratory protection, unless workplace airborne concentrations are maintained at orbelow an 8-h TWA of1ppm.

(iii) Industrial, commercial, and

consumeractivities.Requirements as specified in §721.80(q).

(iv)Releaseto water. Requirements as specified in §721.90(a)(4), (b)(4), and (c)(4) (where N = 40 ppb). When calculating the surface water concentrations according to the instructions in § 721.91, the statement in paragraph (a)(4) that the amount of the substance that will be released will be calculated before the substance enters control technology does not apply. Instead, ifthe waste stream containing the substance will be treated before release, then the amount ofthe substance reasonably likely to be removed from the waste stream by such treatment maybe subtracted in calculating the number ofkilograms released. No more than 75 percent removal efficiency may be attributed to such treatment. In addition, when the substance is released in combination with the substances hexanedioic acid, diethenyl ester, hexanoic acid, 2-ethylethenyl ester, and neononanoic acid, ethenyl ester, the quotient from the formula referenced in this section shall not exceed the average ofthe quotient applicable to the other substances weighted bythe proportion ofeach substance present inthe total daily amount released.

(b) Specificrequirements.The provisions ofsubpartA ofthis part apply to this section except as modified bythis paragraph. (1)Recordkeeping.Recordkeeping requirements as specified in §721.125(a) through (i), and (k)are applicable to manufacturers, importers, and processors ofthis substance. Manufacturers, importers, and processors ofthe substance must document that the substance has been incorporated into apolymer matrixwith the level ofresidual monomer below 0.1 percent ifthis section does notapply as described in paragraph (a)(1) ofthis section.

(2) Limitationsorrevocationof certainnotificationrequirements. The provisions of§721.185 apply tothis section.

(3) Determiningwhetheraspecific use issubjectto this section.The provisions of §721.1725(b)(T) apply to this section.

20. By adding new §721.8335 to subpart E to read as follows: §721.8335 2-Propenolc acid, 2-1[(1- methylethoxy)carbonyl]amino]ethy ester. (a)Chemicalsubstanceand significantnew uses subjecttoreporting. (1)The chemical substance identified as 2-propenoic acid, 2-[[{1-methylethoxy) carbonyl]amino] ethyl ester (P-91-503) is subjectto reporting under this section for the significant new uses described in paragraph (a)(2) ofthis section.

(2) The significantnew uses are: (i) Protectionin the workplace. Requirements as specified in §721.63(a)(1), (a)(2)(i), (a)(2)(iii), (a)(2)(iv), (a)(3), (a)(4), (a)(5)(xi), (a)(6)(i), (a)(6)(ii), (a}{6)(iii), (a)(6)(iv), (a)(6)(v), (a)(6)(vi), (b) (concentration set at 0.1 percent), and (c). Based on organic vapor cartridge service life data available on the PMN substance, respirator cartridges shallbe changed at least every 8 hours.

(ii)Hazardcommunication program. Requirements as specified inFederal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Rules and Regulations 51709

§ 721.72(a), (b), (c), (d), (e) (concentration set at 0.1 percent), (, (h)(1)fi)(A), (h)(1)(i)(B), (h)(1)(vi), (h)(2)(i)(B), (h)(2)(i)(D), and (h)(2)(iii)(A). The following additional statement shall appear on each label and MSDS as required by this paragraph: Use respiratory protection when thereis

areasonable likelihood ofexposure in the work area from dust, mist, smoke, fumes, vapor, or gas.

(iii)Industrial, commercial,and

consumeractivities.Requirements as specified in § 721.80(o).

(b) Specificrequirements.The provisions ofsubpart A ofthis part apply to this section except as modified by this paragraph.

(1) Recordkeeping.Recordkeeping requirements as specified in § 721.125(a) through (i)are applicable to manufacturers, importers, and processors ofthis substance.

(2) Limitationsorrevocationof certainnotificationrequirements.The provisions of§ 721.185 apply to this section.

21. By adding new § 721.9620 to subpart E to read as follows: §721.9620 Aromatic eulfonlc acid compound withamine.

(a) Chemicalsubstanceand significantnew usessubject toreporting. (1) The chemical substance identified generically as aromatic sulfonic acid compound with amine (PMN P-93-832) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) ofthis section.

(2) The significant new uses are: (i) Releaseto water.Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) (whereN = 30 ppb).

(ii) [Reserved) (b) Specificrequirements.The provisions ofsubpart A ofthis part apply to this section except as modified by this paragraph.

(1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a), (b), (c), and (k)are applicable to manufacturers, importers, andprocessors ofthis substance.

(2) Limitationsorrevocationof certainnotificationrequirements. The provisions of § 721.185 apply to this section.

22. By adding new § 721.9665 to subpart E to read as follows: §721.9665 Organotin catalysts.

(a) Chemicalsubstancesand significantnew usessubjectto reporting. (1)The chemical substances identified generically as organotin catalysts (PMNs P-93-853, P-93-854, P-93-855, P-93- 856, P-93-857, and P-93-858) are subject to reporting under this section for the significant new uses described in paragraph (a)(2) ofthis section.

(2) The significant new uses are: (i) Industrial, commercial andconsumer activities.Requirements as specified in § 721.80(v)(1), (v)(2), (w)(1), (w)(2), (x)(1), and (x)(2).

(ii) [Reserved) (b) Specific requirements. The provisions ofsubpart A ofthis part apply to this section except as modified by this paragraph. (1)Recordkeeping.Recordkeeping requirements as specified in § 721.125(a), (b), (c), and (i) are applicable to manufacturers, importers. and processors ofthis substance. (2)Limitationsorrevocationof certainnotificationrequirements. The provisions of §721.185 apply to this section.

23. By adding new §721.9925 to subpart Eto read as follows: §721.9925 Aminoothylethylene urea methacrylamide.

(a) Chemicalsubstanceand significantnew uses subjectto reporting. (1)The chemical substance identified generically as an aminoethylethylene

urea methacrylamide (PMN P-89-1038) is subject to reporting under this section forthe significant new uses described in paragraph (a)(2) ofthis section.

(2) The significant new uses are: (i) Industrial, commercialandconsumer activities.Requirements as specified in 

### §721.80(f).

(ii) [Reserved] (b) Specificrequirements.The provisions ofsubpart A ofthispart apply to this section except as modified by thisparagraph. (1)Recordkeeping.Recordkeeping requirements as specified in §721.125(a) and (i) are applicable to manufacturers, importers, and processors ofthis substance.

(2)Limitationsorrevocationof certainnotificationrequirements.The provisions of§721.185 apply to this section. [FRDec. 93-24294 Filed 10-1-93; 8:45 am]
BILNG CODE 660-60-F

## Monday ' October 4, 1993



# m

=

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# = Part V 

# Department of Education

34 CFR Part 668 Student Assistance General Provisions; Proposed Rule



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# iJ

I= ,Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Proposed Rules

DEPARTMENT OF EDUCATION

34 CFR Part 668 RIN 1840-A890
Student Assistance General Provisions AGENCY: Department ofEducation. ACTION: Notice ofproposed rulemaking. SUMMARY: The Secretary proposes to amend the Student Assistance General Provisions regulations governing student eligibility under the Higher Education Act of 1965, as amended (HEA). The proposed regulations would implement certain new provisions ofthe Higher Education Amendments of 1992 that pertain to student eligibility. The purpose ofthe proposed regulations is to reduce the potential for abuse in the programs authorzedunder titleIV of the HEA (titleIV, HEA programs) by improving the accuracy of the information used to assess a student's eligibility for these programs. The proposed regulations also clarify the Secretary's policy withregard to the eligibility ofincarcerated students, students studying abroad, and students enrolled in telecommunications or correspondence courses. DATES: Comments must be received on
orbefore November 18, 1993. ADDRESSES: All comments concerning these proposed regulations should be addressed to Adam L. Walton, Chief, Student Eligibility and Verifichtion Section, General Provisions Branch, Division ofPolicy Development, U.S. Department ofEducation, (Regional Office Building 3, room 4318), Washington, DC 20202-5444. FOR FURTHER IWORMATION CONTACT Claude Denton, Program Specialist, Student Eligibility and Verification Section, General Provisions Branch, Division ofPolicy Development, U.S. Department ofEducation, (Regional Office Building 3, room 4318), Washington, DC 20202-5444. Telephone (202) 708-7888. Individuals who use atelecommunications device (TDD)may call the Federal Information Relay Service (FIRS)at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern time, Monday through Friday. SUPPLEMENTARY INFORMATION: The StudentAssistance General Provisions regulations implement requirements that apply to all institutions that participate in the title IV, HEA student financial assistance programs. For
purposes ofthis subpart, the title IV, HEA student financial assistance programs include the Federal Pell Grant, Federal Stafford Loan, Federal PLUS Loan, Federal Supplemental Loans for Students (SLS), Federal Direct Student Loan, State Student Incentive Grant (SSIG), Federal Perkins Loan, Federal Work-Study (FWS), and Federal Supplemental Educational Opportunity Grant (FSEOG) programs.

These proposed regulations would implement portions of theHigher Education Amendments of1992, Public Law 102-325, enacted July 23,1992. Regulatory implementation ofthis statute would result inthe revision of the Student Assistance General Provisions (34 CFRpart 668) that apply to all students seeking assistance under the title IV, HEA programs. These revisions will improve the efficiency of the title IV, HEA programs and,by so doing, improve their capacity to enhance opportunities for postsecondary education. Encouraging students tograduate from high school and to pursue high quality postsecondary education are important elements ofthe NationalEducation Goals. Negotiated Rulemaking

Part G,section 492 ofthe HEA contains procedural requirements that the Secretary is to follow in developing proposed regulations for parts B,G, and H oftitle IV ofthe HEA, as amended by the Higher Education Amendments of 1992. Section 492(a) requires the Secretary to convene regional meetings to gain input on the content ofproposed regulations. Participants at these meetings are to include individuals and representatives ofthe groups involved in student financial assistance programs, such as students, legal assistance organizations that represent students, institutions ofhigher education, guaranty agencies, lenders, secondary markets, loan servicers, guaranty agency servicers, and collection agencies. During the meetings, the Secretary is to provide for
a comprehensive discussion and exchange of information concerning the implementation ofparts B, G, and H, and is to take information received at the meetings into account in the development of proposed regulations.

Subsequent tothese meetings, part G, section 492(b) oftitle IV ofthe HEA requires the Secretary to draft and submit regulations implementing parts B, G, and Hto a negotiated rulemaking process. Participants inthe negotiations process shall be chosen by the Secretary from individuals nominated bygroups. participating in the regional meetings and shall reflect the diversity of sizes of organizations providing financial aid services to bothlocal areas and national markets. In accordance with these requirements, the Secretary convened four regional meetings to discuss issues related to implementation ofparts B,G, and H.Meetings were held in New York, New York; San Francisco, California; Atlanta, Georgia; andKansas City, Missouri during the month of September, 1992. Participants inthe meetings were invited to nominate individuals to serve as participants in the negotiated rulemaking sessions, which were held inJanuary and February, 1993 in Washington, DC. Taking into account views expressed at the regional meetings, the Department prepared draft regulations on the main issues discussed, which served as the basis forthe negotiated rulemaking process. Regional Meeting Comments

For purposes ofthese regulations implementing the part Gstudent eligibility provisions, five primary Issues were identified at the regional meetings: Selective service registration, incarcerated students, social security numbers, enrollment in correspondence
or telecommunications courses, and programs ofstudy abroad.

With regard to selective service registration and the proposed data match withthe Selective Service System, regional meeting participants
were asked howthey would resolve nonconfirmed data matches (data matches that did not confirm that the applicant hadregistered with Selective Service). The majority ofparticipants suggested that the Secretary allow institutions to resolve nonconfirmed data matches at the institution using Selective Service documentation.

Regional meeting participants were asked to define "incarcerated student" and to advise the Secretary on policy with regard to students who become incarcerated after establishing eligibility and receiving title IV' HEA loan assistance. Three ofthe regions advised the Secretary that a student should not be considered "incarcerated" for purposes oftitle IV, HEA loan eligibility ifhe or she is physically ableto attend classes. Atlanta region participants expressed concern about the ability of incarcerated students to repay loan debts and chose to define "incarcerated" more narrowly as "any type ofrestriction orlimitation on one's freedom." Regional participants reached

consensus that institutions should cancel disbursements and deny eligibility for loan assistance from the date ofincarceration, but incarceration should not affect loan disbursements made priorto incarceration. 51712

### Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Proposed Rules

With regard to social security numbers, regional participants favored the position that social security numbers should be reported onthe student financial aid application, and that no pseudo social security numbers shouldbe accepted. Consensus was reached that ifthe Secretary's data match with the Social Security Administration does not confirm that a student's submitted social security number is correct, the institution should be given discretion to collect documentation to establish a correct social security number. The participants generally agreed that a social security card is an acceptable form of documentation, and that disbursements oftitleIV, HEA assistance can be made
as long as acceptable documentation is
on file atthe institution.

Regional participants offered a number ofmethods by whichthe Secretary could determine the number oftelecommunications courses offered at an institution, including certifications to the Secretary andcollection ofthis information through program participation applications. No
consensus was reached between regions concerning the basis for the percentages, with one region recommending that the Secretary use a percentageof credits earned by the most recent graduating class through telecommunications while another region suggested that the Secretary use a percentage ofcurrent
courses in eligible programs.

The regions were opposed to any requirement fora contractual agreement between the home and foreign * institution as a condition ofeligibility

fora student studying abroad. They were-equally opposed to the Secretary prescribing any additional conditions for approval of foreign courses that are not required aspart ofthe student's degree program otherthanthe requirement that the courses should be approved for creditby the home institution. The participants supported complete institutional discretion in approving study-abroad programs for credit and saw no need foradditional regulations for monitoring satisfactory progress. Consensus was alsoreached that for a student to be eligible to receive title IV, HEA assistance for attendance in a study-abroad program, the student must be a regular studentin

an eligible program. Regulatory Changes

The Secretary submitted for discussion at the negotiated rulemaking sessions the issues described above, and *withthe exception ofthe social security issue, consensus was reached on the language ofthe draft regulations. A summary ofthe significant changes proposed by these regulations follows: Section 668.2 GeneralDefinitions

One definition is proposed to be added to this section ofthe regulations. The term "output document" wouldbe defined as "the StudentAid Report (SAR), Electronic Student AidReport (ESAR), other document or automated data generated by the Department of Education's central processing system or Multiple Data Entryprocessing system
asthe result ofthe processing of data provided in a Free Application for Federal StudentAid (FAFSA)." This addition, and the corresponding deletion ofa definition of"output document" in § 668.131, will ensure consistent use ofthe termthroughout part 668.
Section 668.7 EligibleStudent Selective Service Registration Status

New section 484(o) ofthe HEA requires the Secretary to conduct data base matches, using common demographic data elements, with the Selective Service System forthe purpose ofenforcing the Selective Service registration provisions of section 1113 ofPublic Law 97-252. Section 484(o) also provides that appropriate confirmation ofa student's registration, accomplished through an application output document orother means, shall fulfill the requirement that the student file a separate statement of registration comnpliance. In the absence ofconfirmation, the institution may use data or documents that support either the student's registration orthe absence ofa registration requirement for the student to fulfill the requirement to file
a separate statement of compliance. The Secretary is required to prescribe inthe regulations a mechanism for resolving nonconfirmed matches.

The Secretary, therefore, proposes to add §668.7(a)(13) to provide for a data match with the Selective Service System and to provide that a confirmation of Selective Service registration on the student's application output document that is submitted to the institution fulfills the Selective Service registration requirement. In the absence of confirmation that the student has registered, the Secretary proposes to require the student to complete current requirements as provided for in §668.33, including completion ofa Statement ofRegistration Status. Ifthe Statement ofRegistration Status is waived as provided for in §668.33(b), the student would berequired to prdvide clear and unambiguous evidence ofcompliance with, or 

### exemption from, Selective Service registration requirements. (Exemptions may include, but would not be limited to, students who are female or do not meet age requirements; compliance may be demonstrated by documentation from the Selective Service that the student has registered.) Ifthe student provides

a Statement ofRegistration Status claiming to be registered with Selective Service, and that claim is notconfirmed by the data match, the student would be required to present evidence to resolve these conflicting sources ofinformation priorto receiving title IV, HEA assistance, as required by §668.33(g). The institution must allow a student a minimum of30 days to collect and submit documentation to the institution in support ofhis claim to have registered with Selective Service orto be exempt from registration, in accordance with section 2 ofthe Computer Matching and Privacy Protection Act of 1988.
Incarcerated Students

In a separate notice ofproposed rulemaking, the Secretary expects to propose to define an "incarcerated student" as a student who " * *is serving acriminal sentence in a Federal, State, or local penitentiary, prison,jail, reformatory, work farm, orother similar correctional institution. A student is not considered incarcerated ifthat student is in a 'half-way house' or 'home detention', or is sentenced to serve only weekends."

New section 484(b)(5) ofthe 

### HEA makes incarcerated students ineligible to receive assistance under the Federal Family Education Loan, Federal Direct Student Loan, and Federal Perkins Loan programs. The Secretary is proposing, therefore, to add §668.7(a)(14) to the regulations to provide forthis restriction

on incarcerated students.

The Secretary notes that incarceration after the beginning ofan award year or period ofenrollment should not be construed as making the otherwise eligible student ineligible forthe entire award year orperiod ofenrollment. Consequently, an otherwise eligible student would notbe liable forthe immediate return ofloan funds delivered or disbursed priorto that student's incarceration. Similarly, if an otherwise eligible student is incarcerated during a portion ofan award year or period ofenrollment, he

or shewould be eligible to receive only those title IV, HEA funds that are * applicable to that portion ofthe award yearthat he or she was not incarcerated. I I I i 51713Federal Register./ Vol. 58, No. 190 / Monday, October 4, 1993 / Proposed Rules

SocialSecurityNumber

Section 484(a)(4) ofthe HEA has been revised to require a student, as a condition ofeligibility for title IV, HEA assistance, to provide a social security number. This section hadpreviously provided for use ofa student identification number for students who .have no social security number. Because the amended section nolonger provides for any alternatives to submission ofa social security number, the Secretary will advise institutions to provide appropriate assistance to students affected by this change. Accordingly, the Secretary is adding § 668.7(a)(16) to the regulations torequire submission of

a social security number as acondition oftitle IV, HEA eligibilit

Section 484(q) ofthe & hasbeen added to require the Secretary, in cooperation with the Commissioner of the Social Security Administration, to verify any social security number provided by astudent as required by section 484(a)(4) ofthe HEA. A student's eligibility for title IV, HEA assistance cannot be denied, reduced, delayed or terminated because social security number verification is pending. If the Secretary determines that the social security number provided by the student is incorrect, the institution must deny orterminate the student's title IV, HEA eligibility until the student provides acorrect social security number. If the student cannot provide a correct social security number, and a title IV, HEA loan has been guaranteed for the student, the institution must notify and instruct the lender and guaranty agency making and guaranteeing the loan, respectively, to
cease further disbursements ofthe loan. The guaranty must notbe voided or otherwise nullified with respect to any disbursements made before the date that the lender and the guaranty agency receive the notice. In addition, section 484(q) prohibits the Secretary from taking any compliance, disallowance, penalty or other regulatory action against an institution or student with respect to an error in a social security number, unless the error was aresult of fraud on the part ofthe institution or student.

The Secretary is proposing to add §668.7(i) to implement these requirements. A data match with the Social Security Administration is being developed to verify the accuracy of social security numbers provided by students. The Secretary's determination with regard to the accuracy of the social security number, asrequired by section 484(q) ofthe HEA, would be based on theresults ofthe data match and would be provided on the student's output document. The institution's receipt of

an output document from the student confirming the accuracy ofthat student's social security number would fulfill the requirement of § 668.7(a)(16), and the institution would be prohibited from requiring the studentto provide any additional evidence to confirm that the social security number was accurate.

Ifthe accuracy ofthe student's social security nufnber is not confirmed using the data match, the Secretary would notify the student using the output document thatthe social security numberthe student provided tothe institution was incorrect or that the data match was out ofservice atthe time the student's application for student financial assistance was processed. If the student continues to claim that the social security number he or she provided to the institution is correct, the institution would provide the student

an opportunity, within a deadline ofat least 30 days from the date the institutionreceives the output document, to provide clear and convincing evidence ofthe accuracy of the student's social security number. Social security cards or other documents provided on official Social Security Administration letterhead would be considered "clear and convincing."

The Secretary recognizes that this provision may, in some cases, require a studenttoproduce evidence ofan accurate social security number solely because the data match is outof service at the time the student's application is processed. However, the datamatch system isbeing designed to minimize

e potential for interruptions in data match operations. Moreover, the Secretary will continue to work with the Social SecurityAdministration toward a goal ofresolving this issue atthe Federal agency level, whichwould eliminate the need for a student to produce evidence of an accurate social security numberbecause the data match is out ofservice.

Upon receipt ofclear and convincing evidence ofa correct social security number from the student, the institution would be required to assist the student in reporting this information to, and obtaining a final determination from, the Secretary with regard to the accuracy ofthe student's social security number. In addition, upon making a preliminary determination that the social security number is correct based
on the clear and convincing evidence provided, the institution would be allowed to make one disbursement of any combination oftitleIV, HEA program funds,employ the student under the Federal Work-Study Program,
orcertify aFederal Stafford, Federal PLUS, Federal SLS, or Federal Direct Student Loan application forthat student.The institution would notbe held liable for thisinitial disbursement ifthe Secretary makes a subsequent determination that the student's social security number is incorrect.

Ifthe Secretary determines that a student's social security number is incorrect, and the student fails to submit clear and convincing evidence that his

orher social security number is correct within the deadline established by the institution, the institution may not disburse tothe student, or certify the student as eligible for, any title IV, HEA program funds for that period of enrollment or award year, employ the studentunder the Federal Work-Study Program, or certify a Federal Stafford, Federal PLUS, Federal Direct Student Loan, or Federal SLS loan application forthe student forthat period of enrollment.

Ifthe Secretary determines that a student's social security number is incorrect and the student does not contest the Secretary's determination, the institution shall deny or terminate the student's eligibility for assistance under the title IV, BEA programs until the studentprovides a correct social security number. If the student then provides a social security number that differs from the social security number he or she provided tothe Secretary, the institution would assist the student in reporting the new social security number to, and obtaining a final determination from, the Secretary with regard tothe accuracy ofthe more recently submitted number. Upon making apreliminary determination that the more recently submitted social security number is correct, the institution would be allowed to make

one disbursement ofany combination of title IV, HEA program funds, employ the student under the Federal Work-Study Program, or certify aFederal Stafford, Federal PLUS, Federal Direct Student Loan or Federal SLS loan application for that student. Disbursements would be made with liability to the institution if the Secretary subsequently determines that the morerecently submitted socjl security number isincorrect.

Ifthe Secretary determines that the social security number provided toan eligible institutionby a student is incorrect, and a loan has been guaranteed forthe student, the institution shall notify and instruct the lender andguaranty agency'making and guaranteeing the loan,respectively, to
cease further disbursements ofthe loan until the Secretary determines that the 51714

### Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Proposed Rules

social security number provided by the student is correct. Theguaranty shall not bevoided orotherwise nullified with respect to disbursements made before the date that the lender and the guaranty agency receive the notice.

The Secretary shall nottake any compliance, disallowance, penalty or other regulatory action against an institution with respect to any errorin
a social security number unless the error was the resultoffraud onthe part ofthe institution, the institution's failure to comply with therequirements ofthis section, orthe institution's decision to make a disbursement forwhich it is liable in aceerdance with the requirements of this section. The Secretary shallnot take any compliance, disallowance, penalty or other regulatory action against a student with respect to any error in a social security number unless the error was the result offraud on the part ofthe student.

With regard to institutional liability, the Secretary initially took the position at the negotiated rulemaking sessions that section 484(q)(2) ofthe HEA requires the Secretary to verify with the Social Security Administration that the social security number of an applicant fortitle IV, HEA assistance is correct before title IV, HEA assistance can be disbursed. Several negotiators representing institutions wanted liability-free authority to disburse title IV, HEA assistance to a student whose social security number had been determined by the Secretary to be incorrectifthe otherwise eligible student produced clear and convincing evidence to the institution ofa correct social security number. The Secretary agreed that an initial disbursement could be made without liability ifthe student produced clear and convincing evidence that the social security number originally submitted to the Secretary
wascorrect. However, an institution that disburses title IV,HEA assistance to
an applicant who does not contest the initial finding ofan incorrect social security number on his or her application but who subsequently provides to the institution a social securitynumber that differs from the numberprovided on the application could beheld liable ifthe subsequently provided social security number is determined to be incorrect.

Two negotiators representing student groups disagreed with the Secretary's proposal to assign liability to an institution in these circumstances. The two negotiators were concerned that institutions would be unwilling to incur this liability and would therefore delay assistance to studentsin these circumstances until verification ofthe more recently provided social security number is completed. The Secretary believes, however, that the more recently submitted social security number cannot be considered correct under section 484(4)(2) ofthe HEA until it is submitted for verification and confirmed as correct using the data matchwith the Social Security Administration. Consequently, ifan institution disburses title IV, HEA assistance to a student who provides a social security number different from that originally provided on the student's application fortitle IV, BEA assistance, this disbursement is made with liability to the institution if the more recently provided social security number is also determined to be incorrect. The Secretary solicits comments from interested parties concerning this issue.
Enrollment in Correspondence or Telecommunications Courses

New section 484(]) ofthe HEA makes

a student ineligible to receive title IV., HEA assistance for a correspondence

course unless the course is part ofa program leading to an associate, bachelor's, or graduate degree. Accordingly, the Secretary is proposing to add § 668.7(a)(15) to provide for this requirement in the regulations.

Priorto enactment of the amended HEA, student eligibility was not affected by the student's enrollment in correspondence courses, except that the

courses were required to meet certain standards for minimum weekly preparation and minimum time for completion asprovided by the Secretary in § 668.8. These standards have not been revised by the new provisions of theHEA.

Section 484(m) oftheHEA now provides that a student enrolled in an educational program that is offered in whole or in part through telecommunications and leads to a recognized associate, bachelor's, or graduate degree shall not be considered to be enrolled in correspondence'

courses unless the total amount of telecommunications and correspondence courses at the institution equals orexceeds 50 percent ofall courses offered atthat institution. (Institutions that meet the definition in section 521(4)(C) ofthe Carl D. Perkins Vocational and Applied Technology Education Act are not subject to this 50 percent rule. These institutions are technical institutes or vocational schools used exclusively or principally for the provision ofvocational education to individuals who have completed or left high school and who

are available for study in preparation for entering the labor market.) Although section 484(m) ofthe HEA distinguishes between correspondence and telecommunications courses, the current statutory framework, andconsequently these proposed regulations, treat students enrolledin correspondence and telecommunications courses the

same for purposes ofdetermining student eligibility. (The one factor determining eligibility is whether the

course is part ofa program leading to an associate, bachelor's orgraduate degree, and this provision is appropriately inserted at S668.7(a)(14)).

However, thedistinction between telecommunications and correspondence courses can be important in determining a student's cost ofattendance for purposes of calculating financial need. According to section 472 ofthe HEA, the cost of attendance of a student enrolled in a correspondence course is limited to tuition and fees and, ifrequired, books and supplies, travel, and room and board costs incurred specifically in fulfilling arequired period ofresidential training. The cost ofattendance ofa student enrolled in telecommunications

courses may be reduced under the discretionary authority of section 479A ofthe HEA ifthe telecommunications instruction results in a substantially reduced cost of attendance to the student.

The Secretary proposes to add § 668.7(j) to the regulations to provide a methodology for calculating the percentage oftelecommunications and correspondence courses delivered by the institution. A course that otherwise meets the definition ofa telecommunications course will be considered a correspondence course if thetotal number oftelecommunications and correspondence courses at the institution exceeds 50 percent of all

courses offered. The Secretary proposes to require institutions to calculate this percentage by comparing the total number of correspondence and telecommunications courses delivered the preceding award year with the total number ofall courses delivered during that award year. Ifan institution delivers the same course in person, by telecommunications, or by correspondence, the Secretary would consider each delivery ofthe course to be a separate course for purposes ofthis calculation. Program ofStudy Abroad

Section 484(aX1) ofthe HEA continues to provide that, toreceive title IV, HEA assistance, a studentmust be enrolled oraccepted for enrollment in a degree, certificate, orother program leading to a recognized educational Ill II IIII II I IIII III III I 51715Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Proposed Rules

credential at an institution ofhigher education that is an eligible institution. This section has been amended, however, to provide that the program includes aprogram of study abroad approved for credit by the eligible institution atwhich the student is enrolled. Ifthe program of study abroad is approved for credit by the home institution at which the student is enrolled, section 484(p) of theHEA now provides that an otherwise eligible student is eligible to receive titleIV, HEA assistance without regard to whether the study-abroad program is required aspart ofthe student's degree profram.-

T Secretary. therefore, proposes to
add §668.7(k) tothe regulations to implement these amendments to the statute. The student studying abroad will continue to be required to meet eligible student requirements ofthis subpart. Also. the requirements of 34 CFR 600.9 providing for a written agreement between an eligible institution and an institution or organization that is noteligible will continue to apply.
Section668.131 Definitions

This section ofthe regulations is proposed to be amended by deletingthe definition of"output document." This deletion, and the corresponding addition ofa definition of"output document" in §668.2, will ensure consistent use ofthe termthroughout 34 CFR part 668. Executive Order 12291

These proposed regulations have been reviewed in accordance with Executive Order 12291. They are not classified as major because they do notmeet the criteria for major regulations established inthe order. Regulatory Flexibility Act Certification

The Secretary certifies that these proposed regulations would nothave a significant economic impact on a substantial number ofsmall entities. Small entities affected by these regulations are small institutions of higher education. However, the regulations would nothave a significant economic impact on the small institutions affected because the regulations would notimpose excessive regulatory burdens or require unnecessary Federal supervision. The regulations would impose minimal requirements to ensure the proper expenditure ofprogram funds. Paperwork Reduction Act of1980

These proposed regulations havebeen examined under the Paperwork Reduction Act of 1980 and have been found to contain noinformation collection requirements. Invitation to Comment

Interested parties are invited to submit comments and recommendations regarding these pro osed regulations.

All comments submitted in response to these proposed regulations will be available forpublic inspection, during and after the comment period, in room 4318, ROB-3, 7th and D Streets SW., Washington, DC, between the hours of 8:30 a.m. and 4 p.m., Monday through Friday ofeach week except Federal holidays.

To assist the Department in complying with the specific requirements ofExecutive Order 12291 and the Paperwork Reduction Act of 1980 and their overall requirement of reducing regulatory burden, the Secretary invites comment on whether there may be further opportunities to reduce any regulatory burdens found in these proposed regulations. Assessment ofEducational Impact

The Secretary particularly requests comments on whether the proposed regulations in this document would require transmission ofinformation that .is being gathered by or is available from

any other agency or authority ofthe United States. List ofSubjects in 34 CFRPart668

Administrative practice and procedure, Colleges and universities, Consumer protection, Education, Grant programs-education, Loan programseducation, Student aid.

Dated: September 29, 1993. RichardW. Riley, Secretaryof Education. (Catalog ofFederal Domestic Assistance Numbers: Federal Supplemental Opportunity Grant Program, 84.007; Federal Stafford Loan Program, 84.032; Federal PLUS Loan Program, 84.032; Federal Work-Study Program, 84.033; Federal Perkins Loan Program, 84.038; Federal Pell Grant Program, 84.063; State Student Incentive Grant Program, 84.069)

The Secretary proposes to amend part 668 oftitle 34 ofthe Code ofFederal Regulations as follows:
PART 668-STUDENT ASSISTANCE GENERAL PROVISIONS

1.The authority citation for part 668 continues to read as follows:

Authority: 20 U.S.C. 1085, 1088, 1091, 1092, 1094, and 1141, unless otherwise noted.

2. Section 668.2, paragraph (b) is amended by adding in alphabetical ordera new definition for ,'Output document" to read as follows $668.2 General definitions.

(b) Outputdocument:The Student Aid Report (SAR}, Electronic Student Aid Report (ESAR), other document or automated data generated by the Department ofEducation's central processing system orMultiple Data Entryprocessing system asthe result of the processing of data provided in a Free Application forFederal Student Aid (FAFSA).

3. Section 668.7 is amended by revising paragraph (a)(8); removing the word "and" atthe end ofparagraph (a)(11)(vii); removing the period at the end ofparagraph (a)(12), and adding, in its place, a semicolon; and by adding

new paragraphs (a)(13), (a)(14), (a)(15), (a)(16), (i), (j). and (k) to read as follows:
1666.7 Eligiblestudent

(a)* * * (8) In accordance with the requirements of S668.32, has filed a Statement ofEducational Purpose;

(13) Has filed--(i) An output document confirming registration with Selective Service by providing the results ofa data match with the Selective Service System; or

(ii) In the absence ofconfirmation as provided inparagraph (a)(13)(i) ofthis section and within a deadline to be set by the institution ofno less than 30 days from the date the institution receives the output document, a Statement of Registration Status in accordance with 

### §668.33;

(14) For purposes ofthe FFEL, Federal Direct Student Loan, and Federal Perkins Loan programs, is not an incarcerated student at the time funds
are delivered or disbursed;

(15) Is, ifenrolled in a telecommunications or correspondence course, enrolled in a telecommunications or correspondence
course that is part ofan educational programleading to an associate, bachelor's, or graduate degree; and

(16) Has a correct social security number that has been verified in accordance with the requirements of paragraph (i) ofthis section;

(I)Socialsecuritynumber.The Secretary verifies asocial security number provided by a student to an eligible institution and shall enforce the following conditions:

(1)Except as provided in paragraphs (l)(3) through (i)(6)of this section, an 51716Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Proposed Rules

institution shall not deny,reduce, delay

or terminate a student's eligibility for assistance under the titleIV, HEA programs because social security number verification is pending;

(2) Ifthe institution receives an output document from a student indicating that the Secretary has determined that the student's social security number is correct, the institution shall not require the student to produce other evidence to confirm that the student's social security number is correct;

(3) Ifthe institution receives an output document from a student indicating that the Secretary has determined that the social security number provided to the institutionby the student is incorrect, or that the Secretary was unable to confirm that the social security number provided to the institution by the student is correct, but the student continues to claim that the social security number he or she provided to the Secretary is correct, the institution-

(i) Shall provide the student an opportunity, within a deadline of at least 30 days from the date the institution receives the output document, to provide clear and convincing evidence to support the student's claim that the social security number provided to the institution is correct;

(ii) Shall assist the student in providing this evidence to and obtaining

a final determination from the Secretary with regard tothe accuracy ofthe student's social security number;

(ii) May make one disbursement of any combination oftitleIV, HEA program funds,employ the student under the Federal Work-Study Program,
or certify a Federal Stafford, Federal PLUS, Federal SLS, or Federal Direct Student loan application for the student upon making, based on the evidence provided for in paragraph (i) ofthis section, a preliminary determination that the social security number provided by the student to the institution is correct; and

(iv) Shall notbe liable for an initial disbursement oftitle IV, HEA assistance to the student underparagraph (i)(3)(iii) ofthis section, ifthe Secretary makes a final determination that the student's social security number is incorrect.

(4) Ifa student fails to submit the documentation by the deadline. established inaccordance with paragraph (i)(3) ofthis section,the institution may not disburse tothe student, orcertify the student as eligible for, any titleIV, HEA program funds for that period ofenrollment or award year; employ the student under the Federal Work-Study Program; or certify a Federal Stafford, Federal PLUS, Federal Direct Student Loan, orFederal SLS loan application forthe student for that period ofenrollment.

(5) Ifthe institution receives an output document from a student indicating that the Secretary has determined that the social security numberprovided to the institution by the student is incorrect, and the student does not claim that the social security number.

### 1

## worshe provided to the Secretary is correct, the institution-

(I)Except asprovided In paragraph (i)(5)(iii) ofthis section, shall deny or terminate the student's eligibility for assistance under the title IV, HEA programs until the student has provided
a correct social security number;

(ii) Shall, ifthe student provides a social security number to the institution that differs from the social security number provided to the Secretary, assist the student in providing this social security numberto and obtaining a final determination from the Secretary with regard to the accuracy ofthe most recently submitted social security number;

(iii) May make one disbursement of any combination oftitle IV, HEA program funds,employ the student under the Federal Work-Study Program,
orcertify aFederal Stafford, Federal PLUS, Federal Direct Student Loan or Federal SLS loan application for the studentupon making a preliminary determination that the student has provided a correct social security number; and

(iv) Shall be liable forany title IV, HEA disbursement made tothe student underparagraph (i)(5)(iii) ofthis section ifthe Secretary determines that the student's social security number is incorrect.

(6) Ifthe Secretary determines that the social security numberprovided to an eligible institution by a student is incorrect, and a loanhas been guaranteed for the student under the Federal Family Education Loan Program, the institution shall notify and instruct the lender and guaranty agency making and guaranteeing the loan, respectively, to cease further disbursements ofthe loan, until the Secretary determines that the social security number provided by the student is correct, but the guaranty shall not be voided or otherwise nullified with respect to disbursements made before the date that the lender and the guaranty agency receive the notice. (7) Except as provided in paragraph (i)(5) ofthis section, nothing inthis section shall permit the Secretary to take any compliance, disallowance, penalty orother regulatory action against-

(i) Any institution ofhigher education with respect to any error in a social security number, unless the error was the result offraud on the part ofthe institution; or

(ii)Any student with respect to any error in a social security number, unless the errorwas a result offraud on the part ofthe student.

(j) Special provisions regarding telecommunicationsand correspondence courses.(1)A student enrolled in an educational program at
an eligible institution (other than an institution that meetsthe definition in section 521(4)(C) ofthe Carl D. Perkins Vocational and Applied Technology Education Act) that is offered in,whole

or in part through telecommunications and leads to arecognized associate, bachelor's, orgraduate degree conferred by the institution is not enrolled in correspondence courses unless the total amount oftelecommunications and correspondence courses at the institution equals orexceeds 50 percent ofall courses delivered at that institution.

(2) The percentage provided in paragraph (j)(1) ofthis section is calculated by comparing the total number ofcorrespondence and telecommunications courses delivered during the preceding award year with the total number ofall courses delivered during that award year. Ifan institution delivers the same course in person, by telecommunications, orby correspondence, the Secretary considers each delivery of the course by the institution to be a separate course for purposes ofthis calculation.

(3) A student is subject to reduced eligibility fortitle IV, HEA assistance if the financial aid administrator determines under the discretionary authority provided in section 479A of the BEA that the student's telecommunications instruction results in a substantially reduced cost of attendance to the student.

(k) Programofstudyabroad.(1)An otherwise eligible student who is engaged in a program ofstudy abroad is eligible to receive title IV, HEA assistance if-

(I)The student maintains enrollment in an eligible institution during his or herprogram ofstudy abroad; and

(ii)The eligible institution approves theprogram ofstudy abroad for academic credit at the eligible institution.

(2) The study abroad program need notbe required aspart ofthe student's degree program. I I I I II I II 51717

### 51718 Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Proposed Rules

9668.131 [Amended]

4. Section 668.131 is amended 

### by removing the definition of"Output document." [FRDoc. 93-24300 Filed 10-1-93; 6:45 am]

MIUNO CODE 40"0-0-

## Monday October 4, 1993

,=_ .

E, A

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### =k =

F--- i n

=m = mmam

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### - e =

I UI 

# Part VU


# The President

Proclamation 6600-National Breast Cancer Awareness Month, 1993
Proclamation 6601-Fire Prevention Week 199351721

Federal Regter 

# Presidential Documents

Vol. 58. No. 190 Monday, October 4. 1993

Title 3- Proclamation 6600 of September 30, 1993



### The President National Breast Cancer Awareness Month, 1993

By the President of the United States of America

A Proclamation Breast cancer will affect an estimated 182,000 women in 1993. It accounts for nearly one-third of all cancers diagnosed in women, making it one of the most serious health problems we face in America today. Each year, we designate one month to focus public attention on where we as a Nation stand with regard to this disease. This October is National Breast Cancer Awareness Month, and it is appropriate that we pause to consider, not only the strategies we have developed to combat breast cancer, but also the progress we have made in our fight, even as we acknowledge the high toll ittakes on so many lives. Breast cancer prevention research is playing an increasingly important role in our strategy to overcome this disease. Although we still have much to learn about what causes breast cancer, we do know that certain conditions

or behaviors substantially increase a woman's risk ofdeveloping this disease. Some risks can be avoided, and researchers hope that others can be minimized. For this reason, the National Institutes of Health, through its component institutes---especially the National Cancer Institute-has launched important studies to assess the extent to which changes in diet and the use of the drug tamoxifen, which is effective in treating breast cancer, can prevent the development of this disease in women who are at increased risk. The Woman's Health Trial is an exciting, innovative undertaking that aims to change dietary habits so that less fat is consumed and more fruits, vegetables, and fiber are added to our diet each day. There is some evidence to suggest a link between breast cancer and fat in the diet, at least for older women. What we hope to learn from this study is how best to help
women change their eating habits and, thus, protect themselves, not only from breast cancer, but also from other cancers and conditions that are related to diet. While there is much to be said about this disease, one important message must reach everyone: Women should form a partnership with their health

care providers for the early detection of breast cancer, a key component of our nationwide program to reduce the'toll of this disease. Research has shown that screening mammography, used together on a regular basis with a clinical breast exam and monthly breast self-examination, can reduce deaths from this disease by one-third or more for women over 50. I am pleased that the Federal Government has been a leader in authorizing payment for screening mammography for women enrolled in Federal health
care programs. It is also reassuring that insurance companies have followed suit, recognizing that the benefits of early detection far outweigh its costs. As we look to create a health care system in America that works for all people, we must be certain that we emphasize such preventative techniques

asregular screening for breast cancer. We face a major public education challenge in breast cancer awareness. Every woman must be reassured that. she can become a partner with the health care. system in ensuring that should she develop breast cancer, it will be found and treated early. Through-education programs, women come51722 Federal Register / Vol. 58, No. 190 / Monday, 

### October 4, 1993 / Presidential Documents



### to understand what actions they can take to prevent cancer. To be sure, success depends on providing the public with understandable, credible messages-but that is only half of the story. Unless every woman can be assured

access to affordable medical care, including mammography and physicians' services to help in the detection ofsmall tumors, public education campaigns will not be effective. In spite of the best efforts of the health care community to encourage prevention and early detection, we know that thousands of women, nonetheless, will develop breast cancer, and many of them will die from it. Thus, the search to find effective treatments must continue, as must efforts to find effective therapies that have a minimal impact on the quality of a woman's life. We have come a long way from the time when extensive surgery was a woman's only treatment option for breast cancer. Lumpectomy followed by radiation therapy is a treatment approach that helps many women avoid disfiguring surgery. Many women now receive treatment with chemotherapy to shrink a fumor before surgery is done so that the breast

can be spared; others receive chemotherapy after surgery to augment the primary treatment. While we still have much to learn, the rate at which

our knowledge has increased is remarkable. We must build on past successes and continue our commitment to basic research. True progress will require that we not waver in this commitment. The Congress, by Senate Joint Resolution 95, has designated October 1993

as "National Breast Cancer Awareness Month." NOW, THEREFORE, I,WILLIAM J.CLINTON, President of the United States of America, do hereby proclaim the month of October 1993 as National Breast Cancer Awareness Month. I invite the Governors of the 50 States and the Commonwealth ofPuerto Rico, the Mayor of the District ofColumbia, and the appropriate officials of all other areas under the American flag to issue similar proclamations. I also ask health care professionals, private industry, community groups, insurance companies, and all other interested organizations and individual citizens to unite to publicly reaffirm our Nation's continuing commitment to research and public education on breast

cancer. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of September, in the year of our Lord nineteen hundred and ninety-three, and of the Independence of the United States of America the two hundred and eighteenth.

[FR DOc. 93-24493 Filed 9-30-93; 5:10 pm) Billing code 3195-01-PFederal Register /Vol. 58, No. 190 / Monday, October 4, 1993 / Presidential Documents 

## Presidential Documents

Proclamation 6601 of September 30, 1993



### Fire Prevention Week, 1993

By the President of the United States ofAmerica

A Proclamation Fire kills more Americans each year than all natural disasters combined, including floods, hurricanes, earthquakes, and tornadoes. Unlike these natural disasters, many fire losses can be prevented. During this annual observance of Fire Prevention Week, we must make our fellow citizens more conscious of the dangers of fire and ofwhat to do when fires occur. This year's Fire Prevention Week theme, "Get Out, Stay Out: Your Fire Safe Response," drives home the importance ofplanning for fire emergencies before they occur. The United States Fire Administration and -theNational Fire Protection Association are working with the Nation's fire service to spread this important message. Time and time again, firefighters respond to fatal fires where residents didn't take the time to learn and practice alternate means of escape, or they did not realize the need to get out quickly and stay out. We need to teach our children that fires are not at all like they see in movies; fire spreads quickly and can rapidly become deadly. Thick smoke makes it difficult to see and breathe, and the temperature is scorching. The number one priority in every fire is to escape from the building and stay out. I urge all Americans to learn how to respond quickly in case of a fire emergency, and I urge our Nation's employers to provide a fire emergency response plan for the workplace so that all employees will know what to do if fire occurs. Effective fire escape plans should include two ways out of every room, and, assurance that all exits are accessible. Windows painted shut, blocked doors, and security bars can be deadly hazards that

can trap fire victims inside and hinder rescuers' attempts from outside. Equally important, we must resist any temptation to reenter a burning building. No valuable is worth as much as a life.
Fire Prevention Week is a time not only to think about our own safety, but also to show our appreciation to the brave men and women who risk their safety in our Nation's fire services. Too often, their dedication results in the ultimate sacrifice. Last year, 80 firefighters died in the line of duty and more than 97,000 were injured. These courageous men and women will be honored on Sunday, October 10, 1993, during the Twelfth Annual National Fallen Firefighters Memorial Service at the National Fire Academy in Emmitsburg, Maryland.
We should also recognize the members of the other public and private organizations that are working toward our shared goal of fire safety, including the American Burn Association, the American Red Cross, the Congressional Fire Service Institute, the Fire Marshals Association of North America, the International Association ofArson Investigators, the International Association ofBlack Professional Firefighters, the International Association ofFire Chiefs, the International Association of Fire Fighters, the International Society of Fire Service Instructors, the National Association of State Fire Marshals, and the National Volunteer Fire Council. The efforts of these and other organizations working for fire safety will be greatly enhanced if we as individual citizens learn and practice fire-safe behavior. I also commend the efforts of public officials, fire-fighters, educators, business leaders, and 5172351724 Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 1 Presidential Documents

the community and volunteer organizations who are working together to bring about a safer America. NOW, THEREFORE, 1, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim the week beginning October 3, 1993, as Fire Prevention Week. I call upon the people of the United States to plan and actively participate in fire prevention activities not only this week, but throughout the year. I also ask all Americans to pay tribute to those firefighters who have made the ultimate sacrifice for

our safety. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of September, in the year of our Lord nineteen hundred and ninety-three, and of the Independence of the United States of America the two hundred and eighteenth.

IFR Doc. 93-24494 Filed 9-30-93; 5:11 pml Billing code 3195-01-P

## Monday October 4, 1993



# 0

Part VII 

# Department of 

# Transportation

Coast Guard

33 CFR Parts 2 and 3. Captain of the PortZone Boundaries; Final Rule I ' I51726 Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Coast Guard
33 CFR Parts 2 and 3 [CGD 93-0201 Captain ofthe PortZone Boundaries
AGENCY: Coast Guard, DOT. ACTION: Final rule.
SUMMARY: The Coast Guard is revising the descriptions ofits Captain ofthe Port (COTP) zones. Most ofthe changes

are related to extending the boundaries to the seaward limit ofthe Exclusive Economic Zone (EEZ). Additionally, changes are made to the onshore boundaries ofseveral COTP zones. The purpose ofestablishing these boundaries is to define the areas of responsibility ofthe COTPs. The changes update the regulations to reflect current Coast Guard organization. EFFECTIVE DATE: November 3, 1993. ADDRESSES: Unless otherwise indicated, documents referenced in thispreamble

are available for inspection or copying atthe office ofthe Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast Guard Headquarters, 2100 Second Street SW., room 3406, Washington, DC 20593-0001 between 8

a.m. and 3p.m., Monday through Friday, except Federal holidays. The telephone number is (202) 267-1477. FOR FURTHER INFORMATION CONTACT: CDR Robert Pond, Marine Environmental Protection Division, (202) 267--6860, between 7a.m. and 3:30 p.m., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION: Drafting Information

The principal person involved in drafting this document is Mary-Jo Cooney Spottswood, Project Manager and Project Counsel, Oil Pollution Act (OPA 90) Staff. Background and Purpose

Among the subject areas covered by 33 CFR part 3are the onshore and nearshore geographical boundaries of the 47 COTP zones established by the Coast Guard. However, the current boundaries do notextend to the seaward limit ofthe EEZ. Because various treaties, laws, and regulations administered by the Coast Guard apply outto the seaward limitof theEEZ, it is necessary to define the boundaries of the COTP zones to include the waters of the EEZ. The regulations amend 33 CFR part 2to define the EEZ and 33 CFR part 3 to revise the boundaries ofthe COTP zones. These boundaries are established for Coast Guard organizational purposes to define the area ofresponsibility of each COTP.

The Coast Guard is proceeding directly to afinal rule under section 553(b)(3)(A) ofthe Administrative Procedure Act (5U.S.C. 551 etseq.), which excludes rulemakings relating to agency organization, procedure, or practice from therequirements ofpublic notice and comment. Regulatory Evaluation

This rule isnot major under Executive Order 12291 and not significant under the "Department ofTransportation Regulatory Policies and Procedures" (44 FR 11040; February 26, 1979). The Coast Guard expects the economic impact of this rulemaking to be so minimal that a Regulatory Evaluation is unnecessary. The rule relates only to internal Coast Guard organization and imposes no new costs on the maritime industry. Small Entities

Under the Regulatory Flexibility Act (5U.S.C. 601 etseq.), the Coast Guard must consider whether this rulemaking will have a significant economic impact
on a substantial number ofsmall entities. "Small entities" include independently owned and operated small businesses that are not dominant in their field and that otherwise qualify

as "small business concerns" under section 3 ofthe Small Business Act (15 U.S.C. 632). This rule imposes no costs
on the maritime industry. Therefore, the Coast Guard certifies under section 605(b) oftheRegulatory Flexibility Act (5 U.S.C. 601 etseq.) that thisrule will nothave a significant economic impact
on a substantial number ofsmall entities.
Collection ofInformation

This rule contains nocollection of information requirements under the Paperwork Reduction Act (44 U.S.C. 3501 etseq.). Federalism

The Coast Guard has analyzed this rule under the principles and criteria contained in Executive Order 12612 and has determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Environment

The Coast Guard has considered the environmental impact ofthisrule and concluded that, under section 2.B.2 of Commandant Instruction M16475.IB, thisrule is categorically excluded from further environmental documentation. The rule is administrative in nature and relates only to internal Coast Guard organization. A Categorical Exclusion Determination is available inthe docket for inspection or copying where indicated under ADDRESSES. List of Subjects 33 CFRPart 2 Administrative practice and procedure, Law enforcement. 33 CFRPart 3 Organization and functions (Government agencies).

For the reasons set outin the preamble, the Coast Guard amends 33 CFR parts 2 and 3as follows:
PART 2--JURISDICTION

1.The authority citation for part 2 is revised to read as follows:

Authority: 14 U.S.C. 633, 80 Stat. 931 (49 U.S.C. 1655(b)); 49 CFR 1.4(b), 1.46(b).

2. Section 2.05-35 is added to read as follows: §2.05-35 Exclusive Economic Zone.

The Exclusive Economic Zone (EEZ) ofthe United States is a zone contiguous to the territorial sea, including zones contiguous to the territorial sea ofthe United States, the Commonwealth of Puerto Rico, the Commonwealth ofthe Northern Mariana Islands (tothe extent consistent with the Covenant and the United Nations Trusteeship Agreement), and the United States overseas territories and possessions. The EEZ extends to a distance 200nautical miles from the baseline from which the maritime boundary with aneighboring State remains to be determined, the boundary ofthe EEZ willbe determined by the United States and the other State concerned in accordance with equitable principles.
PART 3-COAST GUARD AREAS, DISTRICTS, MARINE INSPECTION ZONES, AND CAPTAIN OF THE PORT ZONES

3. The authority citation for part 3 continues to read as follows:

Authority: 14 U.S.C. 633; 49 CFR 1.45, 1.46.

4. In §3.01-1. paragraph (f)is amended by adding a new sentence to the end ofthe paragraph to read as follows:
J3.01-1 General description.

* * * * *

(f)* *Each Captain ofthe Port Zone and each Marine Inspection Zone described in this part also includes the Exclusive Economic Zone (EEZ)

### Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Rules and Regulations 51727

adjacent to the area forthe purpose of enforcing or acting pursuant to a statute effective inthe EEZ.

5. In §3.05-10, paragraph (b) is revised to read as follows: §3.05-10 Boston Marine inspection Zone and Captain ofthe PortZone.

(b) Theboundary ofthe Boston Marine Inspection Zone and Captain of the Port Zone starts atthe boundary of the Massachusetts and New Hampshire coasts at42052.3' N. latitude, 70049.0 ' W. longitude andproceeds seaward on
a line bearing 900 T to the outermost extent ofthe EEZ; thence southeast along the outermost extent ofthe EEZ to 42008 N. latitude; thence west to 42008 ' N. latitude, 70015'W. longitude; thence southwest to the Massachusetts coast at Manomet Point at41055 ,N. latitude 70 0 33'W. longitude; thence northwest to 42004 ,N. latitude, 71 0 06 , W. longitude; thence tothe Massachusetts and Rhode Islandboundaries at 42001.5 , N. latitude, 71028.0'W. longitude; thence west along the southern boundary ofMassachusetts, except the waters of Congamond Lakes; thence north alongthe Massachusetts-New Yorkboundary to the intersection ofthe Massachusetts-New York-Vermont boundaries; thence east along the Massachusetts-Vermont boundary and the Massachusetts-New Hampshire boundary to the point oforigin.

6. In 53.05-15, paragraph (b) Is revised toread asfollows: 

### §3.05-15 Portland, Maine, Marine inspection Zone and Captain ofthe Port Zone.


### (b) Theboundary ofthePortland, Maine. Marine Inspection Zone and Captain ofthePort Zone starts at the boundary ofthe Massachusetts and New Hampshire coasts at 42052.3'N. latitude, 70 0 49.0'W. longitude andproceeds seaward on a line bearing. 0 T tothe outermost extent ofthe EEZ; thence northerly and westerly along the outermost extent ofthe'EEZ and the Canadian border tothe western boundary ofEssex County inVermont, thence south along the westernmost Vermont countyboundaries ofEskex, Caledonia. Lamoille, Washington, Orange, Windsor,and Bennington tothe intersection oftheVermont-New YorkMassachusetts boundaries; thence east along the Vermont-Massachusetts and New Hampshire-Massachusetts boundaries tothepoint oforigin.

7. In §3.05-20, paragraph (b) is revised toreadls follows: ;

...... §3.05-20 Providence Marine Inspection Zone and Captain ofthe Port Zone.

(b) The boundary ofthe Providence Marine Inspection Zone and Captain of the Port Zone starts on the Massachusetts coast atManomet Point at 41055 N. latitude, 70033'W. longitude and proceeds northeast to 42008 ,N. latitude 70015'W. longitudethence east along 42008 N. latitude to the outermost extent ofthe EEZ; thence southerly along the outermost extent of the EEZ to a linebearing 1320 Tfrom Watch Hill Light,Rhode sland; thence northwest along a linebearing 1320 T from Watch Hill Light, Rhode Island, to Watch Hill Light; thence northeast to 41021 N. latitude, 71 0 48.5 , W. longitude atWesterly, Rhode Island; thence north to 41025 ,N. latitude, 71 0 48, W. longitude; thence north along the Connecticut-Rhode Island boundary. including the waters ofBeach Pond, to the Massachusetts boundary; thence east along the Massachusetts-Rhode Island. boundary to 42001.5 'N. latitude, 71028.0 ' W. longitude; thence east to 42004' N. latitude, 71006 W. longitude; thence southeasterly tothe point of origin.

8. Section 3.05-25 is revised to read
as follows: §3.05-2S New York Marine Inspection Zone.

(a) The New YorkMarine Inspection Office is located inNew York. New York.

(b) The boundary ofthe New York Marine Inspection Zone encompasses the geographical areas delineated in §§3.05-30 and 3.05-35.

9. Section 3.05-30 is revised to read

as follows; §3.05- New York Captain ofthe Port Zone. (a)The New York Captain ofthe Port Office is located in New York, New York. (b)The boundary ofthe New York Captain ofthe Port Zone starts on the south shore ofLong Island at 40035.4'N. latitude, 73 0 46.6, W.longitude and proceeds southeasterly along a line 

### bearing 1350 T to38028 N. latitude, 71000 W. longitude; thence northwesterly along a line bearing 1220 T from the New Jersey coast at 39057 N. latitude; thence west along 39057' 

### N. latitude to 74027 W. longitude; thence northeast to the Pennsylvania boundary; thence northeasterly along the Pennsylvania-New Jersey boundary to the intersection ofthe New York-New Jersey-Pennsylvania boundaries-at Tristate; thence northwesterly along the east bank ofthe Delaware River to ' 42o00 'N. latitude; thence east to 74039' W. latitude; thence north to the Canadian border; thence easterly along the Canadian border to the northeast

corner ofthe Orleans County line in Vermont; thence following the eastern and southern boundaries ofOrleans, Franklin, Chittenden, Addison, and Ruthland Counties to the Vermont-New York boundary; thence southerly along the Now Yorkboundary to 41001.5 

### N. latitude, 73040' W. longitude; thence southerly to the southern shore of Manursing Island at 40058 'N. latitude, 73040 W. longitude; thence southeasterly to 40052.5'N. latitude, 73037.2 'W. longitude; thence southerly to 40040,N. latitude, 73 0 40 , W. longitude; thence southwesterly tothe point oforigin. 10. In §3.05-35, paragraph (b)is revised to read as follows: §3.05-35 LongIsland Sound Captain of the PortZone.

(b) The boundary ofthe Long Island Sound Captain ofthe Port Zone starts at 40035.4' N.latitude, 73046.6 1 W. longitude; thence proceeds along a line northwesterly to 40040,N. latitude, 73040W. longitude; thence to 40052.5 ' N. latitude, 73037.2' W. longitude; thence northeast to the south shore of Manursing Island at 40058 N. latitude, 73040 W. longitude; thence northerly to the Connecticut-New Yorkboundary at 41001 ' N.latitude, 73040 W. longitude; thence north along the western boundary ofConnecticut tothe Massachusetts-Connecticut boundary; thence east along the southern boundary ofMassachusetts, including the waters of the Congamond Lakes,to the Rhode Island boundary; thence south along the Connecticut-Rhode Islandboundary, excluding the waters ofBeach Pond, to 41024 ,N. latitude, 71 048'W.longitude; thence southerly to 41021*N. latitude, 71048.5, W. longitude at Westerly, Rhode Island; thence southwesterly to WatchHill Light, Rhode Island.The northern offshoreboundary is aline bearing 1320 Tfrom Watch Hill Light to the outermost extent ofthe EEZ. The southern offshore boundary extends along a linebearing 135' T from the south shore ofLongIsland at40035.4' N. latitude, 73046.6' W. longitude to 38028 N. latitude, 71*00 ' W. longitude; thence easterly tothe outermost extent ofthe EEZ; thencernortherly along the outermost extent ofthe EEZ to the intersection ofthe northern boundary. 11. In §3.10-10, paragraph (b)is revised to read asfollows:51728 Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Rules and Regulations

§3.10-10 St. Louis Marine Inepection ZonE and Captain ofthe Port Zone.

(b)The St. Louis Marine Inspection Zone and Captain ofthe Port Zone are comprised ofall ofWyoming except for Sweetwater County; Colorado; North Dakota; South Dakota; Kansas; Nebraska; in Arkansas, Boone, Marion, Baxter, and Fulton Counties; all of Missouri except for Scott, Stoddard, Mississippi, New Madrid, Dunklin, and Pemiscot Counties, and those parts of Cape Girardeau and Bollinger Counties south ofa line drawn from the southeast

corner ofMadison County eastward to the point ofintersection ofthe upper Mississippi River (Mile 55.3) and Union and Alexander Counties (inIllinois); Iowa; that part ofMinnesota south of 46020 ,N. latitude; that part of Wisconsin south of46020' N. latitude and west ofg00 W. longitude; that part ofIllinois north of Alexander, Pulaski, and Johnson Counties, and west of Johnson, Saline, Hamilton, Wayne, Clay, Jasper, Cumberland, Coles, Douglas, Champaign, and Ford Counties and south of 410 N. latitude; and that part of Illinois west of900 W. longitude and north of410 N. latitude. 12. In §3.25-05, paragraph (b)is revised to read as follows:
§3.25-05 Philadelphia Marine Inspection Zone and Captain of the PortZone.

(b)The boundary ofthe Philadelphia Marine Inspection zone andCaptain of the Port Zone starts at the New Jersey coast at 39057 N. latitude, thence proceeds westward to 39057 N. latitude, 74

027'W. longitude; thence northnorthwesterly to the intersection ofthe New York-New Jersey-Pennsylvania boundaries at Tristate; thence north following the course of and including the waters ofthe Delaware River until It meets the New Yorkboundary; thence west along the New York-Pennsylvania boundary to 78°55' W. longitude; thence .southto 41000 , N. latitude; thence west to 79000? W. longitude; thence south to the Pennsylvania-Maryland boundary; thence east.to the intersection ofthe Maryland-Delaware boundary; thence south and east along the MarylandDelaware boundary to the sea, Including Fenwick Island ight,butnot including that portion ofDelaware containing the reaches ofthe Nanticoke River andthe Chesapeake.and Delaware Canal.The offshore boundary ofthe Philadelphia Captain ofthePort:Zone starts at Fenwick,Island Light and proceeds 'east along38028* N.latitude, to 7100!W. longitude; thence northwesterly aloing a linebearing 1220T from the New Jersey cqastqt 39057'.N,latitude.. s 13. In § 3.25-10, paragraph (b)is revised to read as follows: §3.2--10 Hampton Roads Marine Inspection Zoneand Captain ofthe Port Zone.
(b) Theboundary ofthe Hampton RoadsMarine Inspection Zone and Captain ofthe Port Zone starts at the intersection ofthe Virginia-Maryland boundary and the coast and proceeds along the Virginia-Maryland boundary to a point 37057.2 N. latitude, 76003 ' W. longitude on Chesapeake Bay; thence to
apoint 37056.5 N. latitude, 76 010.5 , W. longitude; thence to a point 37055 N. latitude, 76016.8'W. longitude; thence to a point 37055 N. latitude 760 28.2 ,

### W. longitude; thence to apoint 38019.5, N. latitude, 77025.2 , W. longitude; thence to a point 39006' N. latitude, 78 0 30'W. longitude on the Virginia-West Virginia boundary; thence southerly along the Virginia-West Virginia boundary and the Virginia-Kentucky boundary to the Tennessee boundary; thence eastward along the Virginia-Tennessee boundary to the Virginia-North Carolina boundary; thence eastward along the Virginia-North Carolina boundary to Kerr (Buggs Island) Lake; thence along the shore ofKerr Lake inNorth Carolina back to the Virginia-North Carolina boundary; thence eastward along the Virginia-North Carolina boundary to the westbank of the Chowan River; thence southerly along the west bank ofthe Chowan River to a point 36000 N. latitude, 76041 , W. longitude; thence generally southerly and easterly along the western boundaries ofWashington, and Hyde Counties to a point 35 037'N. latitude, 76032 , W. longitude; thence easterlyto a point 35037 ,N. latitude, 76000.5 ' W. longitude; thence generally southwesterly to a point 35001.5 'N. latitude, 76020 ' W. longitude; thence easterly to the sea at 34059.8 'N. latitude, 76°07.8 ' W. longitude. The offshore boundary starts from the coast at 37055 N. latitude andproceeds and 37055 N. latitude tothe outermostextent ofthe EEZ; thence southerly along the outermostextent ofthe EEZ to 34059.8' N. latitude; and thence westerly along 34059.8 N. latitude to the coast at 76007.8'W. longitude.

14. In §3.25-15, paragraph (b)is revised toread as follows: 

### §2.25-15 Baltimore Marine Inspection Zone and Captainofthe PortZone.

(b) The boundary ofthe Baltimore Marine Inspection Zone and Captain of the Port Zone starts at the intersection ofthe Delaware-Maryland boundary and the coast and proceeds along the Delaware-Maryland boundary west and north to the Pennsylvania boundary,. including the Chesapeake and Delaware Canal and the reaches ofthe Nanticoke River; thence west along the Pennsylvania-Maryland boundary to the West Virginia boundary; thence southerly and easterly along the Maryland-West Virginia boundary to the Virginia boundary; thence southwesterly along the Virginia-West Virginia boundary to apoint 39006' N. latitude, 78 030' W. longitude; thence to
a 

### point 38019.5 N. 

### latutude, 77025.21 W. longitude thence to apoint 37055 ,N. latitude, 76 028.2'W. longitude; thence to a point 37055 N. latitude, 76016.8' W. longitude; thence to a point 37056.5 N. latitude, 76010.5 , W. longitude; thence to apoint 37057.2 N. latitude, 76 0 03'W. longitude on Chesapeake Bay; thence along the Maryland-Virginia boundary tothe sea. The offshore boundry starts atthe intersection ofthe DelawareMaryland boundary and the coast and proceeds east to 38028 ,N. latitude, 71*00 '

, W. longitude; thence southeasterly on a line bearing 1226T to the outermost extent ofthe EEZ; thence westerly along 37055 N. latitude to the coast.

15. In §3.25-20, paragraph (b) is revised to read as follows: §3.25-20 Wilmington Marine Inspection Zone and Captainofthe Port Zone.

(b) The boundary ofthe Wilmington Marine Inspection Zone and Captain of the Port Zone starts at the sea at 34059.8 N. latitude, 76"07.8'W.longitude, and proceeds along a line northwesterly to a point 35001.5 ,N. 

### latitude, 76010' W. longitude; thence westerly to a point 35001.5' N. latitude, 76°20 ' W. longitude; thence westerly to a point 35001.5 'N. latitude, 76010' W. longitude; thence westerly to a point 35001.5 'N. latitude, 76'20' W. longitude; thence westerly to a point 35037 N. latitude, 76032 ' W. longitude; thence northerly and westerly along the western boundaries ofHyde and Washington Counties to a point 36000' N. latitude, 76041' W. longitude; thence northerly along the west bank ofthe Chowan River tothe North CarolinaVirginia boundary; thence westerly along the North Carolina-Virginia boundary to Kerr (Buggs Island) Lake; thence along the shore ofKerr Lake in North Carolina tothe North CarolinaVirginiaboundary; thence westerly along the North Carolina-Virginia boundary tothe Tennessee boundary; thence southwesterly along the North Carolina-Tennessee boundary tothe Georgia boundary; thence easterly along the North Carolina-Georgia boundary toFederal Register 

### / Vol. 58, No. 190 / Monday, October 4, 1993 / Rules and Regulations 51729

the South Carolina boundary; thence easterly along the South Carolina-North Carolina boundary to the sea. The

- offshore boundary ofthe Wilmington Captain ofthe Port Zone starts atthe coast at 34059.8 ,N. latitude; thence proceeds easterly to the outermost extent tothe EEZ; thence southerly along the outermost extent ofthe EEZ to
a line bearing 1220 T from the intersection ofthe South Carolina-North Carolina boundary and the sea to the outermost extent ofthe EEZ; thence westerly along a line bearing 1220Tto the coast. 16. In S3.35-10, paragraph (b) is revised toread as follows: §3.35-10 Miami Marine Inspection Zone and Captain ofthe PortZone.

(b)The boundary ofthe Miami Marine Inspection Zone and Captain of thePort Zone starts at the eastern Florida coast at 2800*N. latitude; thence proceeds west to 28000 N. latitude, 81*30"W. longitude; thence south to 26000 N. latitude, 81 0 30'W. longitude; thence southwesterly tothe southern tip of Cape Romano, Florida. The offshore
area oftheMiami Captain ofthe Port Zone includes that portion ofthe western North Atlantic Ocean area bounded on the north by 28000 ,N. latitude from the coast to the outermost extent ofthe EEZ and bounded on the east and south bythe outermost extent ofthe EEZ; and that portion of the eastern GulfofMexico and the Florida Baybounded on the north by a line bearing 2270 T from the southern tip of Cape Romano totheoutermost extent of the EEZ andbounded on the west and south by the outermost extent ofthe EEZ.

17. In §3.35-15, paragraph (b)is revised toread as follows: §3.35-15 Charleston Marine Inspection Zone and Captain of the PortZone.
(C) The boundary ofthe Charleston Marine Inspection Zone and Captain of the Port Zone starts at the sea at the intersection ofthe North Carolina-South Carolina boundary; thence proceeds westerly along the North Carolina-South Carolina boundary to the intersection of the NorthCarolina-South CarolinaGeorgia boundaries; thence southerly along the South Carolina-Georgia boundary to the intersection with the Federal dam at the southern end of Hartwell Reservoir; thence southerly along the eastern bank ofthe Savannah River to 32030 N. latitude; thence easterly to the eastern bank ofthe Edisto Riverat 32041 'N. latitude; thence sdutheily along the eastern bank ofthe Edisto River to the southern tip ofBay Point. Edisto Island, South Carolina. The offshore boundary starts at aline bearing 1220 Tfrom the intersection of the South Carolina-North Carolina boundary and the sea to the outermost extent ofthe EEZ; thence southerly along the outermost extent ofthe EEZ to 30°50' N. latitude; thence east along 30050' N. latitude to a line bearing 1220 Tfrom the southern tip ofBayPoint, Edisto Island, South Carolina; thence easterly along aline bearing 1220 T to the coast.

18. In § 3.35-20, paragraph (b)is revised to read as follows: §3.35-20 JacksonvilleMarine Inspection Zone and Captain of the Port Zone.

(b) The boundary ofthe Jacksonville Marine Inspection Zone and Captain of the Port Zone starts atthe Georgia coast at 30050' N. latitude; thence proceeds west to 30050 ' N. latitude, 82015 'W. longitude; thence south to the intersection of theFlorida-Georgia boundary at 820 15'W. longitude; thence westerly along the Florida-Georgia boundary to 83°00'W. longitude; thence southeasterly to 28000 N. latitude, 81°30' W. longitude; thence eastto the

sea at28000 ,N. latitude. The offshore boundary starts at the coast at 30050,N. latitude; thence proceeds easterly to the outermost extent ofthe EEZ; thence southerly along the outermost extent of theEEZ to 28000 N. latitude; thence westerly along 28°00 N. latitude to the coast.

19. In §3.35-25, paragraph (b) is revised to read asfollows: §3.35-25 San Juan Marine Inspection Zone and Captain of the PortZone.

(b) The San Juan Marine Inspection Zone and Captain ofthe Port Zone are comprised ofboththe Commonwealth ofPuerto Rico and the Territory ofthe Virgin Islands and the adjacent waters tothe outermost extent ofthe EEZ.

20. In §3.35-30, paragraph (b) is revised to read as follows: §3.35-30 Savannah Marine Inspection Zone and Captain ofthe PertZone.
(b) The boundary ofthe Savannah Marine Inspection Zone and Captain of the Port Zone starts at the southern tip ofBayPoint, Edisto Island, South Carolina; thence proceeds northerly along the eastern bank ofthe Edisto River to 32041 N. latitude; thence: westerly to the easternbank ofthe Savannah River at 32030 'N. latitude; thence northerly along the easternbank ofthe Savannah River to the 6ntersection ofthe South CarolinaGeorgia boundary with the Federal dam at the southern end ofHartwell Reservoir. thence northerly along the South Carolina-Georgia boundary to the intersection ofthe North Carolina-South Carolina-Georgia boundaries, thence westerly along the Georgia-North Carolina boundary and continuing westerly along the Georgia-Tennessee boundary to the intersection ofthe Georgia-Tennessee-Alabama boundaries; thence southerly along the GeorgiaAlabama boundary to 32053 ' N. latitude; thence southeasterly to the eastern bank ofthe Flint River at 32020'N. latitude; thence southerly along the easternbank ofthe Flint River and continuing southerly along the southeastern shore ofJim Woodruff Reservoir to 84045 , W. longitude; thence southerly to the intersection ofthe Florida-Georgia boundary; thence easterly along the Florida-Georgia boundary to 82015 'W. longitude; thence north to 30050' N. latitude, 82015 'W. longitude; thence east to the sea at 30050'N. latitude. The offshore boundary starts at a line bearing 1220 T from the southern tip of Bay Point,Edisto Island, South Carolina tothe intersection with 30'50'N. latitude; thence proceeds westerly along 30050 'N. latitude to the coast.

21. In §3.35-35, paragraph (b) is revised to read as follows: 13.35-35 Tampa Marine Inspection Zone end Captain ofthe PortZone.

(b) The boundary ofthe Tampa Marine Inspection Zone and Captain of the Port Zone starts atthe Florida coast at 83050"W. longitude; thence proceeds north to 30015' N. latitude, 83050, W. longitude; thence west to 30015' N. latitude, 84045'W.longitude; thence north to the Florida-Georgia boundary at 84°45'W. longitude; thence easterly along the Florida-Georgia boundary to 83°00'W.longitude; thence southeasterly to 2800 ,N. latitude, 81030'W. longitude; thence south to 26000 N. latitude, 81 0 30'W. longitude; thence southwesterly to the southern tip ofCape Romano, Florida; thence southwesterly along a line bearing 2270 Tto the outermost extent oftheEEZ; thence westerly along the outermost extent ofthe EEZ to the intersection with a line bearing 1990 T from the intersection ofthe Floridacoast at 83050f W.longitude; thence easterly along a linebearing 1990 T to the coast.

22. In §3.40-10, paragraph (b) is revised to read as follows: §3.40-10 Mobile Marineinspecton Zone and Captain ofthe PortZone.51730 Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Rules andiRegulations

(b)The boundary ofthe Mobile Marine Inspection Zone and Captain of the Port Zone starts at the Florida coast at 83050'W. longitude; thence proceeds north to 30015 ,N. latitude, 83050'W. longitude; thence west to 30015' N. latitude, 84 0 45'W. longitude; thence north to the southern shore ofthe Jim Woodruff Reservoir at 84045 ,W. longitude; thence northeasterly along the eastern shore ofJim Woodruff Reservoir and northerly along the eastern bank ofthe Flint Riverto 32020' N. latitude, 84002'W. longitude; thence northwesterly to the intersection ofthe Georgia-Alabama boundary at 32053' N. latitude; thence northerly along the Georgia-Alabama boundary to 34100' N. latitude; thence west to the AlabamaMississippi bounda at 34000 ,N. latitude; thence notherly along the Alabama-Mississippi boundary to the southern boundary ofTishomingo County, Mississippi; thence westerly and southerly along the southern boundaries ofTishomingo and Prentiss Counties, Mississippi, including that
area ofthe Tennessee-Tombigby Waterway south ofthe Bay Springs Lock and Dam; thence southerly and westerly along the eastern and southern boundaries ofLee, Chickasaw, and Calhoun Counties, Mississippi; thence southerly along the western boundaries ofWebster, Choctaw, Winston, Neshoba, Newton, Jasper, Jones, Forrest and Stone Counties, Mississippi; thence easterly along the northern boundary ofHarrison County, Mississippi, to 89010'W. longitude; thence south to the Mississippi coast; thence southeasterly to 29010, N. latitude, 88000' W. longitude; thence south to the outermost extent ofthe EEZ; thence easterly along the outermost extent ofthe EEZto the intersection with a line bearing 1990 T fromthe intersection ofthe Florida coast at 83050' W. longitude; thence northeasterly along a linebearing 1990 T from the Florida coast at 83050 ,W. longitude to the coast.

23. In §3.40-15, paragraph (b) is revised to read as follows: §3.40-15 New Orleans Marine Inspection Zone and Captain ofthe Port Zone.

(b)Theboundary ofthe New Orleans Marine Inspection Zone and Captain of the Port Zone starts at 28050' N. latitude, 88o00W. longitude; thence proceeds north to 29010, N. latitude, 88 0 00 , W. latitude; thence northwesterly to the Mississippi coast at89010 ,N. latitude; thence north tothe northern Harrison County Boundary; thence westerly along the northern Harrison County boundary; thence northerly along the western boundaries ofStone, Forrest, Jones, Jasper, Newton, Neshoba, Winston, Choctaw, and Webster Counties to the Eighth Coast Guard District line; thence west along the Eighth Coast Guard District line to the Texas-Louisiana boundary; thence south along the TexasLouisiana boundary to the northern DeSoto Parishboundary; thence easterly along the northern and eastern boundaries ofDeSoto, Sabine, Vernon, and Allen Parishes; thence east along the northern boundaries ofAcadia. Lafayette, St. Martin, Iberia, Assumption, and Lafourche Parishes to 29°18' N. latitude, 90000'W. longitude; thence southeast to 28050' N. latitude, 89027'06"W. longitude; thence east to 88 0 00 , W. longitude. 24. In §3.40-17, paragraph (b)is revised to read asfollows: §3.40-17 Morgan City Marine Inspection Zone and Captain ofthe PortZone.

(b)The boundary ofthe Morgan City Marine Inspection Zone and the Captain ofthe Port Zone starts at 28050' N. latitude, 88 0 00 , W. longitude; thence proceeds west to 28050'N.latitude, 89027'06 " W. longitude; thence northwesterly to 29018 'N. latitude, 90°00 'W,longitude; thence northwesterly along the northern boundaries ofLafourche, Assumption, Iberia, and St. Martin Parishes; thence northwesterly along the northern boundary ofLafayette and Acadia Parishes to 92 0 23'W. longitude; thence south along 92023 ' W. longitude to the outermost extent ofthe EEZ; thence easterly along the outermost extent of the EEZ to 88°00'W. longitude; thence north to 28050 'N. latitude, 88o00 'W. longitude.

25. In §3.40-20, paragraph (b)is revised to reads as follows: 

### §3.40-20 Port Arthur Marine Inspection Zone and Captain of the PortZone.

(b) Theboundary ofthe Port Arthur Marine Inspection Zone and the Captain ofthe Port Zone starts at the intersection ofthe sea and 92 023 , W. longitude; thence proceeds north along 92023 ,W. longitude to the northern boundary of Acadia Parish, thence westerly along the northern boundary ofAcadia Parish; thence northwesterly along the northeastern boundaries ofAllen, Vernon, Sabine, and De Soto Parishes; thence westerly along the northern boundary ofDe Soto Parish to the Louisiana-Texas boundary; thence northerly along the Louisiana-Texas boundary to the Texas-ArkansasLouisiana boundaries; thence westerly along the Texas-Arkansas boundary and the Texas-Oklahoma boundary to 97000' W. longitude; thence south along 97000' W. longitude to the southern boundary ofDallas County, Texas; thence easterly along the southern boundary ofDallas County, Texas, tothe eastbank ofthe Trinity River; thence southeasterly along the east bank ofthe Trinity Rivbr; thence southeasterly along the east shore ofLake Livingston; thence southerly along the eastbank ofthe Trinity River to 30°00 N. latitude, 93 0 55'W. longitude; thence east along 30000 , N. latitude to 94023 , W. longitude; thence south along 94023'W. longitude to the sea; thence seaward to 29024 N. latitude, 94020'W. longitude; thence easterly following a line 10.3 nautical miles from the coast to 29030 ' N. latitude, 93048' W. longitude; thence southeasterly to 27049 ' N. latitude, 93025' W. longitude; thence south along 93025 ' W. longitude to the outermost
extent ofthe EEZ; thence east along the outermost extent ofthe EEZ to 92023, W. longitude; thence north along 92023 ' W. longitude to the point or origin.

26. In § 3.40-30, paragraph (b)is revised to read as follows:

§ 3.40-30 Galveston Marine Inspection Zone and Captain of the Port Zone.

(b) Theboundary ofthe Galveston Marine Inspection Zone and Captain of the Port Zone starts atthe intersection ofthe sea and 94023' W. longitude; thence proceeds north along 94023 W. longitude to 30000 N. latitude; thence west along 30000 N. latitude to 94055 ' W. longitude; thence south to 29035 N. latitude, 94055 ' W. longitude; thence southwesterly to the east bank ofthe Colorado River at 29018 'N. latitude, 96007 ' W. longitude; thence southerly along the east bank ofthe Colorado River to the sea; thence along a line bearing 1400 Tto the outermost extent ofthe EEZ; thence easterly along the outermost extent ofthe EEZ to 93°251 W. longitude; thence north to 27049 N. latitude, 93025 ' W. longitude; thence northwesterly to 29030 N. latitude, 93048 , W. longitude; thence westward following a line 10.3 nautical miles from the coast to 29024 N. latitude, 94020' W. longitude; thence northwesterly to the coast at 94023 ' W. longitude.

27. In § 3.40-35, paragraph (b) is revised to read as follows:
§ 3.40-35 Corpus Christi Marine Inspection Zone and Captain ofthe Port Zone.

(b) The boundary ofthe Corpus Christi Marine Inspection Zone and Captain ofthe Port Zone starts atthe junction ofthe sea and the east bank of the Colorado River; thence proceeds

### Federal Register. / Vol. 58, No. 190 / Monday, October 4, 1993 / Rules and Regulations 51731

northerly along the east bank ofthe Colorado River to 29018' N. latitude, 96007' W. 

### longitude;thence northwesterly to the southeast corner of New Mexico at 32000 N. latitude; thence westerly along the Texas-New Mexico boundary; thence southeasterly along the Mexican border to the sea.The offshore area includes all waters and islands contained therein ofthe EEZ that are south and west ofa line bearing 1400 T from thejunction ofthe sea and the eastbank ofthe Colorado River to the outermost extent ofthe EEZ.

28. In §3.55-10, paragraph (b) is revised to read as follows: §3.55-10 LosAngeles-Long Beach Marine Inspection Zone and Captain ofthe Port Zone.



### (b) The Los Angeles-Long Beach Marine Inspection Zone and Captain of the Port Zone comprise the landmasses and waters ofCalifornia south of Monterey, Kings,Tulare, and Inyo Counties except San Diego and Imperial Counties. The offshore boundary" starts at a line bearing 2400T from the intersection ofthe Monterey-San Luis Obispo County line (approximately : 35047.5 'N. latitude) and the California coast to the outermost extent ofthe EEZ; thence proceeds southerly along the outermost extent oftheEEZ to a line bearing 2550 T from the intersection of the Orange-San Diego Countylines (approximately 33"22.5'N.latitude) and the California coast; thence easterly along this line to the coast.

29. In § 3.55-15. paragraph 

### (b) is revisedto read as follows: §3.55-15 San Diego Marine Inspection Zone and Captain ofthe Port Zone.

(b) The San Diego Marine Inspection Zone and Captain ofthe Port Zone comprise the land masses and waters of Arizona; in Utah, Washington, Kane, San Juan, and Garfield Counties; in Nevada, Clark County; andin California, San Diego and Imperial Counties. It includes all ocean waters and islands contained therein ofthe EEZ south ofa line bearing 2550 Tfrom the intersection ofthe Orange-San Diego Countyline (approximately 33022.5 'N. latitude) and the California coast tothe outermost extent ofthe EEZ; thence north along the Mexican border and east along the outermostextent ofthe EEZ.

30. Section 3.55-20 isrevised to read 

### asfollows:

§

3.55-20 San FranciscoBay Marine Inspection Zone and Captain of the Port Zone. (a)The San Francisco BayMarine Inspection Zone and Captain ofthe Port Office arelocated in Alameda, California.

.(b) The San Francisco Bay Marine Inspection Zone and Captain ofthe Port Zone comprise the landmasses and waters ofWyoming within the boundaries ofSweetwater County; Utah, except forWashington, Kane, San Juan, and Garfield Counties; Nevada, except for Clark County; and California, north ofSan-Luis Obispo, Kern, and San Bernardino Counties. It also includes all
ocean waters and islands contained therein ofthe EEZbounded on the north by the northern boundary ofthe Eleventh Coast Guard-District which is described in §3.55-1; and on the south by a linebearing 2400 Tfrom the intersection ofthe Monterey-San Luis Obispo County lines (approximately 35047.5 N. latitude) and the California coastto the outermost extent ofthe EEZ; and on the west by the outermost extent ofthe EEZ.

31. In §3.65-10, paragraph (b)is revised to read as follows: .§3.65-10 PugetSound Marine Inspection Zone and Captain ofthe Port Zone.

(b)Theboundary ofthe Puget Sound Marine Inspection Zone and Captain of the Port Zone starts at 48029'35"N. latitude, 124043'45" W. longitude and proceeds along the Canadian border eastward tothe Montana-North Dakota boundary; thence southerly along this boundary tothe Wyoming State line; thence westerly and southerly along the Montana-Wyoming boundary tothe Idaho State line; thence northwesterly along the Montana-Idaho boundary to 46055 ,N. latitude; thence westerly along 460 55'N. latitude to 123018'W. longitude; thence northerly to apoint 47032 'N. latitude, 123018 , W. longitude; thence westerly along 47032 ,N. latitude tothe outermost extent ofthe EEZ thence northeasterly along the outermost extent ofthe EEZ to the Canadian border; thence easterly along the Canadian border to the point of origin.

32. In 

### §3.65-15, paragraph (b)is revised to read as follows: 

### §3.65-15 Portland, Oregon, Marine Inspection Zone and Captain of the Port Zone

(b) The boundary ofthe Portland, Oregon, Marine Inspecton Zone and Captain ofthe Port Zone starts atthe Washington coast at 47032 'N. latitude andproceeds along this latitude easterly to a point 47032' N. latitude, 123018' W. longitude; thence southerly to 46055 'N. latitude; thence easterly along this latitude to the eastern Idaho State line; thence southeasterly along the Idaho State line tothe intersection ofthe Idaho-Wyoming boundary; thence southerly along the Idaho-Wyoming boundary to the intersection ofthe Idaho-Utah-Wyoming boundaries thence westerly along the 42000 ' N latitude tothe sea. The offshore boundary starts at the coast at 42000' N. latitude; thence proceeds westerly from the coast to the outermost extent ofthe EEZ; thence northerly along the outermost extent ofthe EEZ to 47032 'N. latitude; thence easterly along 47032,N. latitude to the coast.

33. In § 3.70-10, paragraphs (b)and (c) are revised andparagraph (d)is added to read as follows: 

### §3.70-10 Honolulu Marine Inspection Zone and Captain ofthe PortZone.

(b) Theboundaries ofthe Honolulu Marine Inspection Zone coincide with the boundaries ofthe Fourteenth Coast Guard District, excluding pbrtions surrounding the territory ofGuam, the Commonwealth ofthe Northern Mariana Islands, and the Trust Territory ofthe Pacific Islands covered in §3.70-15(b). (c)The Honolulu Captain ofthe Port Zone comprises:

(1) The State ofHawaii, including all the islands and atolls of the Hawaiian Chain and the adjacent waters ofthe EEZ.

(2) American Samoa and the adjacent waters ofthe EEZ.

(3) Johnston Atoll and the adjacent waters ofthe EEZ.

(4) Palmyra Atoll and Kingman Reef and the adjacent waters ofthe EEZ.

(5) Wake Island and the adjacent waters ofthe EEZ. (6)Jarvis Island and the adjacent waters ofthe EEZ.

(7)Howland and Baker Islands and the adjacent waters ofthe EEZ.

(d)In American Samoa, required notifications to the Officer in Charge, Marine Inspection and the Captain of the Port, Honolulu, maybe made to: Supervisor, United States Coast Guard, Marine Safety Detachment, P.O.Box 249, Pago Pago, American Samoa 96799-0249.

34. Section 3.70-15 is revised to read

asfollows: 

### §3.70-15 Guam Marine Inspection Zone and Captain ofthe Port Zone.

(a)The Guam Marine Inspection Office and Captain ofthe Port Office are located in Piti, Guam.

(b) The Guam Marine Inspection Zone and Captain ofthe Port Zonecomprise:

(1)The Territory ofGuam and the adjacent waters ofthe EEZ.51732 Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Rules and Regulations

(2) The Commonwealth ofthe Northern Mariana Islands and the adjacent waters of the EEZ.

(3)The Trust Territory ofthe Pacific Islands and the adjacent waters ofthe territorial sea andthe Palau Marine Fishery Conservation Zone.

(c)In Commonwealth ofthe Northern Mariana Islands, required notifications to the Officer in Charge, Marine Inspection and the Captain ofthe Port, Guam, may bemade to: Supervisor, United States Coast Guard, Marine Safety Detachment, Emergency Operations Center, Capitol Hill, Saipan, Commonwealth ofthe Northern Mariana Islands 96950-5000.

35. In §3.85-10, paragraph (b) is revised to read as follows: §3.85-10 Southeast Alaska Marine Inspection Zone and Captain of the Port Zone.

(b) The Southeast Alaska Marine Inspection Zone and Captain ofthe Port Zone comprise the area within the boundary which starts at 60001.3 ,N. latitude, 142000!W. longitude; thence proceeds northeasterly to the Canadian border at 60018.7!N. latitude, 141000' W. longitude; thence southerly and easterly along the United StatesCanadian shoreside boundary to 54040' N. latitude; thence westerly along the United States-Canadian maritime boundary to the outermost extent ofthe EEZ; thence northerly along the outer boundary ofthe EEZ to 142 0 00'W longitude; thence due north to the point oforigin.

36. In §3.85-15, paragraph (b)is revised to read as follows: §3.85-15 Western Alaska Marine Inspection Zone and Captain ofthe Port Zone.

(b) The Western Alaska Marine Inspection Zone and Captain ofthe Port Zone comprise that portion ofthe State of Alaska and the adjacent watersto the outermost extent ofthe EEZ, except for those sections of Alaska covered in §§ 3.85-10(b) and 3.85-20(b).

-

37. In §3.85-20, paragraph (b)is revised to read as follows: §3.85-20 Prince WilliamSound Marine InspectionZone and Captain ofthe Port Zone.

*t t *t /* * (b) The Prince William Sound Marine Inspection Zone and Captain ofthe Port Zone comprise the area within the boundary which starts at Cape Puget at 148026 W. longitude, 59056.06' N. latitude, and proceeds northerly to 61030 N. latitude; thence easterly to the United States-Canadian boundary; thence southerly along the United States-Canadian boundary to 60018.7! N. latitude; thence southwesterly to the sea at 60001.3 N. latitude, 142000 W. longitude; thence southerly along 142000 W. longitude to the outermost boundary ofthe EEZ; thence along the outermost boundary ofthe EEZ to 148°26'N. longitude; thence northerly along 148026 ' W. longitude to the place of origin at Cape Puget at 59056.06 ' N. latitude.

Dated: September 27, 1993. R.C.North, Captain, U.S. Coast Guard,Acting Chief, Office of MarineSafety,Securityand Environmental Protection. [FR Doc. 93-24206 Filed 10-1-93; 8:45 am)
BILLNG CODE 4O-14--U

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# Part VIII


# The President

Executive Order 12866-Regulatory Planning and Review51735

Federal Regster 

# Presidential Documents

Vol. 58, No. 190
Monday, October 4, 1993

Title 3- Executive Order 12866 of September 30, 1993

The President Regulatory Planning and Review

The American people deserve a regulatory system that works for them, not against them: a regulatory system that protects and improves their health, safety, environment, and well-being and improves the performance of the economy without imposing unacceptable or unreasonable costs on society; regulatory policies that recognize that the private sector and private markets

are the best engine for economic growth; regulatory approaches that respect the role of State, local, and tribal governments; and regulations that are effective, consistent, sensible, and understandable. We do not have such

a regulatory system today. With this Executive order, the Federal Government begins a program to reform and make more efficient the regulatory process. The objectives of this Executive order are to enhance planning and coordination with respect to both new and existing regulations; to reaffirm the primacy of Federal agencies in the regulatory decision-making process; to restore the integrity and legitimacy of regulatory review and oversight; and to make the process
more accessible and open to the public. In pursuing these objectives, the regulatory process shall be conducted so as to meet applicable statutory requirements and with due regard to the discretion that has been entrusted to the Federal agencies. Accordingly, by the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. StatementofRegulatoryPhilosophyandPinciples.(a) The RegulatoryPhilosophy.Federal agencies should promulgate only such regulations

as are required by law, are necessary to interpret the law, or are made necessary by compelling public need, such as material failures of private markets to protect or improve the health and safety of the public, the environment, or the well-being ofthe American people. In deciding whether and how to regulate, agencies should assess all costs and benefits ofavailable regulatory alternatives, including the alternative of not regulating. Costs and benefits shall be understood to include both quantifiable measures (to the fullest extent that these can be usefully estimated) and qualitative measures of costs and benefits that are difficult to quantify, but nevertheless essential to consider. Further, in choosing among alternative regulatory approaches, agencies should select those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity), unless a statute requires another regulatory-approach. (b) The PrinciplesofRegulation. To ensure that the agencies' regulatory programs are consistent with the philosophy set forth above, agencies should adhere to the following principles, to the extent permitted by law and where applicable: (1) Each agency shall identify the problem that it intends to address (including, where applicable, the failures ofprivate markets or public institutions that warrant new agency action) as well as assess the significance ofthat problem. (2) Each agency shall examine whether existing regulations (or other law) have' created, or contributed to, the problem that a new regulafion

### 51736. Federai g' eVt. 5 Noe i9t-'-' hd, O'Cbe, 4, 9 de

is intended to correct and whether those regulations (or other law) should be modified to achieve the intended goal of regulation more effectively. (3) Each agency shall identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, such as user fees or marketable permits, or providing information upon which choices can be madeby thepublic. (4) In setting regulatory priorities, each agency shall consider, to the extent reasonable, the degree and nature of the risks posed by various substances or activities within itsjurisdiction. .(5) When an agency determines that a regulation is the best available method of achieving the regulatory objective, it shall design its regulations in the most cost-effective manner to achieve. the regulatory objective. In doing so, each agency shall consider incentives for Innovation, consistency, predictability, the costs of enforcement and compliance (to the government, -egulated entities, and the public), flexibility, distributive impacts, and equity.(6) Each agency. shall assess both the costs and the benefits of the intended regulation and, recognizing that some costs and benefits are difficult to quantify, propose or adopt a regulation only upon areasoned determination that thebenefits ofthe intended regulation justify its costs. (7) Each agency shall base its decisions on the best reasonably obtainable scientific- technical, economic, and other information concerning the need for, and consequences of, the intended regulation. (8) Each agency shall identify and assess alternative forms of regulation and shall, to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt. (9) Wherever feasible, agencies shall seek views of appropriate State, local, and tribal officials before imposing regulatory requirements that might significantly or uniquely affect those governmental entities. Each agency shall assess the effects of Federal regulations on State, local, and tribal governments, including specifically the availability of resources to carry out those mandates, and seek to minimize those burdens that uniquely

or significantly affect such governmental entities, consistent with achieving regulatory 'objectives. In addition, as appropriate, agencies shall seek to harmonize Federal regulatory actions with related State, local, and tribal regulatory and other governmental fudctions. (10) Each agency shall avoid regulations that are inconsistent, incompatible, or duplicative with its other regulations or those of other Federal agencies. (11) Each agency shall tailor its regulations to impose-the least burden

on society, including individuals, businesses of differing sizes, and other entities (including small communities and governmental entities), consistent with 'obtaining the regulatory objectives, taking into account, among other things, and to the extent practicable, the costs of cumulative regulations. (12) Each agency shall draft its regulations to be simple and easy to understand, with the goal of minimizing the potential for uncertainty and litigation arising from such uncertainty. Sec. 2. Organization.An efficient regulatory planning and review process is vital to ensure that the Federal Government's regulatory system best
serves the American people.

(a) The Agencies. Because Federal agencies are the repositories of significant substantive expertise and experience, they are responsible for developing regulations and assuring that the regulations are consistent with applicable law, the President's priorities, and the principles set forth in this Executive order.Federal Register ],Vol. .58, No. 190 / Monday, October 4, 1993 / Presidential Documents



### (b) The Office ofManagement andBudget. Coordinated review of agency rulemaking is necessary to ensure that regulations are consistent with applicable law, the President's priorities, and the principles set forth in this Executive order, and that decisions made by one agency do not conflict with the policies or actions taken or planned by another agency. The Office * of Management and Budget (OMB) shall carry out that review function. Within OMB, the Office of Information and Regulatory Affairs (OIRA) is the repository ofexpertise concerning regulatory issues, including methodologies and procedures that affect more than one agency, this Executive order, and the President's regulatory policies. To the extent permitted by law, OMB shall provide guidance to agencies and assist the President, the Vice President, and other regulatory policy advisors to the President in regulatory planning and shall be the entity that reviews individual regulations, as provided by this Executive order. (c) The Vice President.The Vice President is the principal advisor to the President on, and shall- coordinate the development and presentation of recommendations concerning, regulatory policy, planning, and review,

as set forth in this EIecutive order. In fulfilling their responsibilities under this Executive order, the President and the Vice President shall be assisted by the regulatory policy advisors within the Executive Office ofthe President and by such agency officials and personnel as the President and the Vice President may, from time to time, consult. Sec. 3. Definitions. For purposes of this Executive order: (a) "Advisors" refers to such regulatory policy advisors to the President as the President and Vice President may from time to time consult, Including, among others: (1) the Director of OMB; (2) the Chair (or another member) of the Council ofEconomic Advisers; (3) the Assistant to the President for Economic Policy; (4) the Assistant to the President for Domestic Policy; (5) the Assistant to the President for National Security Affairs; (6)the Assistant to the President for Science and Technology; (7) the Assistant to the President for Intergovernmental Affairs; (8) the Assistant to the President and Staff Secretary; (9) the Assistant to the President and Chief of Staff to- the Vice President; (10) the Assistant to the President and Counsel to the President; (11) the Deputy Assistant to the President and Director of the White House Office

on Environmental Policy; and (12) the Administrator of OIRA, who also shall ' oordinate communications relating to this Executive order among the agencies, OMB, the other Advisors, and the Office ofthe Vice President. (b) "Agency," unless otherwise indicated, means, any authority of the United States that Is an "agency" under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 

### 3502(10). (c) "Director" means the Director ofOMB. (d) "Regulation" or "rule" means an agency statement ofgeneral applicabil- ity and future effect, which the agency Intends to have the force and effect of law, that is designed to implement, interpret, or prescribe law or policy

or to describe the procedure or practice requirements of an agency. It does not, however, include: (1)Regulations or rules issued in accordance with the formal rulemaking provisions of5 U.S.C. 556, 557; (2) Regulations or rules, that pertain to a military or foreign affairs function ofthe United States, other than procurement regulations and regulations involving the import or export of non-defense articles and services; (3) Regulations or rules that are limited to agency organization, management, or personnel matters; or (4) Any other category of regulations exempted by the Administrator ofOIRA. (e) "Regulatory action" means any substantive action by an agency (normally published in the Federal Register) that promulgates or is expected 5173751738 Federal Register / Vol. 58, No. 190 I Monday, October 4, 1993 1 Presidential Documents



### to lead to the promulgation of a final rule or regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices ofproposed rulemaking. (f) "'Significant regulatory action" means any regulatory action that is 

### likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity; competition, jobs, the environment, public health or safety,

or State, local, or tribal governments or communities; (2)Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof;

or (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the,principles set forth in this Executive order. Sec. 4.Planning Mechanism.In order to have an effective regulatory program, to provide for coordination of regulations, to maximize consultation and the resolution of potential conflicts at an early stage, to involve the public and its State, local, and tribal officials in regulatory planning, and to ensure that new or revised regulations promote the President's priorities and the

Srinciples set forth in this Executive order, these procedures shall be folowed, to the extent permitted by law: (a) Agencies' Policy Meeting. Early in each year's planning cycle, the Vice President shall convene a meeting of the Advisors and the heads ofagencies to seek a common understanding of priorities and to coordinate regulatory efforts to be

-

### accomplished in the upcoming year. (bi UnifiedRegulatoryAgenda. For purposes of this subsection, the term "agency" or "agencies" shall also include those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(10). Each agency shall prepare an agenda of all regulations under development or review, at a time and in a manner specified by the Administrator ofOIRA. The description of each regulatory action shall contain, at a minimum, a regulation identifier number, a brief summary of the action, the legal authority for the action, any legal deadline for the action, and the name and telephone number of a knowledgeable agency official. Agencies may incorporate the information required under 5 U.S.C. 602 and 41 U.S.C. 402 into these agendas. (€)TheRegulatoryPlan.For purposes ofthis subsection, the term "agency"

or "agencies" shall also include those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(10). (1) As part of the Unified Regulatory Agenda, beginning in 1994, each agency shall prepare a Regulatory Plan (Plan) of the most important significant regulatory actions that the agency reasonably expects to issue in proposed or final form in that fiscal year or thereafter. The Plan shall be approved personally by the agency head and shall contain at a minimum: (A) A statement of the agency's regulatory objectives and priorities and how they relate to the President's priorities; (B)A summary of each planned significant regulatory action including, to the extent possible, alternatives to be considered and preliminary estimates ofthe anticipated costs and benefits; (C) A summary of the legal basis for each such action, including whether any aspect ofthe action is required by statute or court order; (D) A statement of the need for each such action and, if applicable, how the action will reduce risks to public health, safety, or the environment,
as well as how the magnitude of the risk addressed by the action relates to other risks within the jurisdiction ofthe agency;Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Presidential Documents



### (E) The agency's schedule 'for action, including a statement of any appli-. cable statutory orjudicial deadlines; and (F) The name, address, and, telephone number of a, person the public may contact for additional information about'the planned regulatory action. (2) 

### Each agency shall forward 'its Plan to OIRA .by June 1st of each year. (3) Within 10 calendar days after OIRA has received an agency's Plan, OIRA shall circulate it to -other affected agencies, the Advisors, and the Vice President.
(4) 

### An agency head who believes that a planned regulatory action of another agency may conflict with its own policy.or action taken or planned shall promptly notify, in writing, the Administrator of OIRAi who' shall forward that 'communication to the issuing agency, the Advisors, and, the Vice President. (5) If the Administrator of OIRA believes that a planned' regulatory: action of an agency 'may be inconsistent with the. Presidient's priorities

or the ,principles set forth in this Executive ,order or may be in conflict with any policy or action taken or planned by another agency,' the Administrator of OIRA shall promptly notify, in writing, the affected agencies,: the Advisors, and the Vice President. (6) The Vice President, with the Advisors' assistance, may consult with the heads of agencies with respect to their Plans and, in appropriate .instances, request further consideration or inter-agency coordination. (7) The Plans developed by the issuing agency shall be publishedannually in the October publication of the Unified Regulatoiy.Agenda. This' publication shall be made available to the Congress: State, local, and 'ibal governments; and the public. Any views on any aspect of ay agency Pln, including whether any planned regulatory -action might conflict'with. any: other planned or existing regulation, impose any unintended consequences
on the public, or confer any unclaimed benefits on the public, shouldbe directed to the issuing agency, with a copy to OIRA. (d) Regulatory Working Group.Within 30 days of the dateofthis Executive, order, the Administrator of OIRA shall convene a Regulatory Working Group ("Working Group"), which shall consist of representatives'of the heads 'of> each agency that the Administrator determines to have significant:domestic regulatory responsibility, the Advisors, and the Vice President. The.Administrator of OIRA shall chair the Working Group and shall periodically advise the Vice President on the activities of the Working Group. The Working Group shall serve as a forum to assist agencies in identifyi g and analyzing important regulatory issues (including, among others (1) the deelopmeit of innovative regulatory techniques, (2) the methods, efficy, and utility of comparative risk assessment in regulatory decision-makling, and (3)'the development of short forms and other streamlined regulto"ry approaches' for small businesses and other entities). The Working Grot shall meet' at least quarterly and 'may meet as a whole or in subgroups- of agencies with an interest in particular issues or subject areas. To inform its discussions, the Working Group may commission analytical studies and reports by OIRA, the Administrative Conference of the United States, or any other agency.

(e) Conferences. The Administrator of OIRA shall meet 'quarterly with representatives of State, local, and tribal governments to identify both existing and proposed regulations that may uniquely or significantly affect those governmental entities. The Administrator of OIRA shall also .convene, from time to time, conferences with representatives of businesses,. nongovern-, mental organizations, and the public to discuss regulatory issues of common,
concern. Sec. 5. Existing Regulations.-.In- order to reduce the regulatory burden on the American people, their families, their communities, their State, local, and tribal governments, and their industries; to determine whether regula5173951740 Federal Register /Vol. 58, No. 190 / Monday, October 4, 1993 / Presidential Documents

tions promulgated by the executive branch of the Federal Government have become unjustified or unnecessary as a result of changed circumstances; to confirm that regulations are both compatible with each other and not duplicative or inappropriately burdensome in the aggregate; to ensure that all regulations are consistent with the President's priorities and the principles set forth in this Executi,e order, within applicable law; and to otherwise improve the effectiveness of existing regulations: (a) Within 90 days of the date of this Executive order, each agency shall submit to OIRA a program, consistent with its resources and regulatory priorities, under which the agency will periodically review its existing significant regulations to determine whether any such regulations should be modified or eliminated sas to make the agericy's regulatory program more effective in achieving the regulatory objectives, less burdensome, or in greater alignment with the President's priorities and the principles set forth in this Executive order. Any significant regulations selected for review shall be included in the agency's annual Plan. The agency shall also identify any legislative mandates that require the agency to promulgate or continue to impose regulations that the agency believes are unnecessary or outdated by reason of changed circumstances. (b) The Administrator of QIRA shall work with the Regulatory Working Group and other interested entities to pursue the objectives of this section. State, local, and tribal governments are specifically encouraged to assist in the identification ofregulations that impose significant or unique burdens

on those governmental entities and that appear to have outlived theirjustification orbe otherwise inconsistent with the public interest. (c) The Vice President, in consultation with the Advisors, may identify for review by the appropriate agency or agencies other existing regulations of an agency or groups f regulations of more than one agency that affect

a particular group, industry, or sector of the economy, or may identify legislative mandates that may be appropriate for reconsideration by the Congress. Sec. 6. CentralizedReview ofRegulations. The guidelines set forth below shall apply to all regulatory actions, for both new and existing regulations, by agencies other than those agencies specifically exempted by the Administrator ofOIRA: (a) Agency Responsibilities. (1) Each agency shall (consistent with its

own rules, regulations, or procedures) provide the public with meaningful participation in the regulatory process. In particular, before issuing a notice of proposed rulemaking, each agency should, where appropriate, seek the involvement of those who are intended to benefit from and those expected to be burdened by any regulation (including, specifically, State, local, and tribal officials). In addition, each agency should afford the public a meaningful opportunity to comment on any proposed regulation, which in most

cases should include a comment period of not less than 60 days. Each agency also is directed to explore and, where appropriate, use consensual mechanisms for developing regulations, including negotiated rulemaking. (2) Within 60 days of the date of this Executive order, each agency head shall designate a Regulatory Policy Officer who shall'report to the agency head. The Regulatory Policy Officer shall be involved at each stage of the regulatory process to foster the development of effective, innovative, and least burdensome regulations and to further the principles set forth in this Executive order. (3) In addition to adhering to its own rules.. and procedures and to the requirements of the Administrative Procedure Act, the Regulatory Flexibility Act, the Paperwork Reduction Act, and other applicable law, each agency shall develop its regulatory actions in a timely fashion and adhere to the following procedures with respect to aregulatory action: (A) Each agency shall provide OIRA, at such times and in the manner specified by the Administrator of QIRA, with a list of its planned regulatory actions, indicating those which the agency believes are significant regulatoryFederal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Presidential Documents



### actions within the meaning ofthis Executive order. Absent a material change in the development of the planned regulatory action, those not designated

as significant will not be subject to review under this section unless, within 10 working days of receipt of the list, the Administrator of OIRA notifies the agency that OIRA has determined that a planned regulation is a significant regulatory action within the meaning ofthis Executive order. The Administrator of OIRA may waive review of any planned regulatory action designated by the agency as significant, in which case the agency need not further comply with subsection (a)(3)(B) or subsection (a)(3}{C) ofthis section. (B) For each matter identified as, or determined by the Administrator of OIRA to be, a significant regulatory action, the issuing agency shall provide to OIRA: (i) The text of the draft regulatory action, together with a reasonably detailed description ofthe need for the regulatory action and an explanation of how the regulatory action will meet that need; and (ii) An assessment of the potential costs and benefits of the regulatory action, including an explanation of the manner in which the regulatory action is consistent with a statutory mandate and, to the extent permitted by law, promotes the President's priorities and avoids undue interference with State, local, and tribal governments in the exercise of their governmental functions. (C) For those matters identified as, or determined by the Administrator of OIRA to be, a significant regulatory action within the scope of section 3(f(1), the agency shall also provide to OIRA the following additional information developed as part of the agency's decision-making process (unless. prohibited by law): (i) An assessment, including the underlying analysis, ofbenefits anticipated from the regulatory action (such as, but not limited to, the promotion of the efficient functioning ofthe economy and private markets, the enhancement of health and safety, the protection of the natural environment, and the elimination or reduction of discrimination or bias) together with, to the extent feasible, a quantification ofthose benefits; (ii) An assessment, including the underlying analysis, ofcosts anticipated from the regulatory action (such as, but not limited to, the direct cost both to the government in administering the regulation and to businesses and others in complying with the regulation, and any adverse effects on the efficient functioning ofthe economy, private markets (including productivity, employment, and competitiveness), health, safety, and the natural environment), together with, to the extent feasible, a quantification of those costs; and (iii) An assessment, including the underlying analysis, of costs and benefits of potentially effective and reasonably feasible alternatives to the planned regulation, identified by the agencies or the public (including improving the current regulation and reasonably viable nonregulatory actions), and an explanation why the planned regulatory action is preferable to the identified potential alternatives. (D) In emergency situations or when an agency is obligated by law to act more quickly than normal review procedures allow, the agency shall notify OIRA as soon as possible and, to the extent practicable, comply with subsections (a)(3)(B) and (C) ofthis section. For those regulatory actions that are governed by a statutory or court-imposed deadline, the agency shall, to the extent practicable, schedule rulemaking proceedings so as to permit sufficient time for OIRA to conduct its review, as set forth below in subsection (b)(2) through (4) of-this section. (E)After the regulatory action has been published in the Federal Register

or otherwise issued to the public, the agency shall: (i) Make available to the public the information set forth in subsections (a)(3)(B) and (C); 5174151742 Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Presidential Documents

(ii) Identify for the public, in a complete, clear, and simple manner, the substantive changes between the draft submitted to OIRA for review and the action subsequenly announced; and (iii) Identify for the public those changes in the regulatory action that

were made at the suggestion or recommendation ofOIRA. (F) All information provided to the public by the agency shall be in plain, understandable language. (b) QIRA Responsibilities.The Administrator of OIRAshall provide.meaningful guidance and oversight so that each agency's regulatory actions are consistent with applicable law, the President's priorities, and the principles set forth in this Executive order and do not conflict,, with the policies

or actions of another agency. OIRA shall, to the extent permitted by law, adhere to the following guidelines: (1) OIRA may review only actions identified by the agency or by OIRA

as significant regulatory actions under subsection (a)(3)(A) of this section. .(2) OIRA shall waive review or notify the agency in writing of the results of its review within the following time periods: (A) For any notices of inquiry, advance notices ofproposed rulemaking,

or other preliminary regulatory actions prior to a Notice of Proposed Rulemaking, within 10 working days after the date ofsubmission of the draft action to OIRA; (B) For all other regulatory actions, within 90 'calendar days after the date of submission of the information set forth in subsections (a)(3)(B) and (C) of this section,, unless OIRA has previously reviewed this information and, since that review, there has been no material change in the facts and circumstances upon which the regulatory action Is based, in which
case, OIRA shall complete its review within 45 days; and (C) The review process may be extended (1) once by no -more than -30 calendar days upon the written approval of the Director and.(?).at the request ofthe agency head. (3) For each regulatory action that the Administrator of OIRA returns to an agency for further consideration of some or all of its provisions,

- the Administrator of OIRA shall provide the issuing agency, a written. explanation for such return, setting forth the pertinent provision of this Executive order on which OIRA is relying. If the agency head disagrees with' some
or all of the bases for the return, the agency head shall so inform the Administrator ofOIRA in writing. (4) Except as otherwise provided by law or' required. by a Court, in order to ensure greater openness, accessibility, and accountability in the regulatory review process, OIRA shall be governed by the following disclosure requirements: (A) Only the Administrator of OIRA (or a particular designee) shall receive oral communications initiated by persons nbt employed by the executive branch ofthe Federal Government regarding the substance of a regulatory action under OIRA review; (B) All substantive communications between OIRA personnel and persons not employed by the executive branch of the Federal Government regarding a regulatory action under review shall be governed by the following guidelines: (i) A representative from the issuing agency shall be invited to any meeting between OIRA personnel and such person(s); (ii) OIRA shall forward to the issuing agency, within 10 working days of receipt of the communication(s), all written communications, regardless of format, between OIRA personnel and any person who is, not employed by the executive branch of the Federal Government, and the dates and

names of individuals involved in all substantive oral communications (in-. cluding meetings to which an agency representative was invited,'but "'did

### Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Presidential Documents

not attend, and telephone conversations between OIRA personnel and any such persons); and (iii) OIRA shall publicly disclose relevant information about such communication(s), as set forth below in subsection (b)(4)(C) of this section. (C) OIRA shall maintain a publicly available log that shall contain, at a minimum, the following information pertinent to regulatory actions under review: i) The status of all regulatory actions, including if (and if so, when and by whom) Vice Presidential and Presidential consideration was requested; (ii) A notation of all written communications forwarded to an issuing agency under subsection (b)(4)(B)(ii) ofthis section; and (iii) The dates and names of individuals involved in all substantive oral communications, including meetings and telephone conversations, between OIRA personnel and any person not employed by the executive branch of the Federal Government, and the subject matter discussed during such communications. (D)After the regulatory action has been published in the Federal Register

or otherwise issued to the public, qr after the agency has announced its decision not to publish or issue the regulatory action, OIRA shall make available to the public all documents exchanged between OIRA and the agency during the review by OIRA under this section. (5) All information provided to the public by OIRA shall be in plain, understandable language. Sec. 7. Resolution ofConflicts.To the extent permitted by law, disagreements

or conflicts between or among agency heads or between OMB and any agency that cannot be resolved by the Administrator of OIRA shall bE resolved by the President, or by the Vice President acting at the requesi of the President, with the relevant agency head (and, as appropriate, othei interested government officials). Vice Presidential and Presidential consider. ation of such disagreements may be initiated only by the Director, by the head of the issuing agency, or by the head of an agency that has a significani interest in the regulatory action at issue. Such review will not be undertaker at the request of other persons, entities, or their agents. Resolution of such conflicts shall be informed by recommendations devel. oped by the Vice President, after consultation with the Advisors (and othel executive branch officials or personnel whose responsibilities to the Presideni include the subject matter at issue). The development ofthese recommenda tions shall be concluded within 60 days after review has been requested During the Vice Presidential and Presidential review period, communication., with any person not employed by the Federal Government relating to th substance of the regulatory action under review and directed to the Advisor

or their staffs or to the staff of the Vice President shall be in writinj and shall be forwarded by the recipient to the affected agency(ies) for inclu sion in the public docket(s). When the communication is not in writing such Advisors or staff members shall inform the outside party that tho matter is under review and that any comments should be submitted il writing. At the end of this review process, the President, or the Vice Presiden acting at the request of the President, shall notify the affected agency an( the Administrator of OIRA of the President's decision with respect to thl matter. Sec. 8. Publication.Except to the extent required by law, an agency shal not publish in the Federal Register or otherwise issue to the public ani regulatory action that is subject to review under section 6 ofthis Executivi order until (1) the Administrator of OIRA notifies the agency that OIR/ has waived its review of the action or has completed its review withou 51743

### .51744 Fuderal Reoiter I 61. bA, 

## W.166 IM6nday-,-dct66er 4, 19-93' Presldenfal'ocument"ii

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any requests for further consideration, or (2) the applicable time period in section 6(b)(2) expires without OIRA having 'notified the agency that it is returning the regulatory action for further consideration under section 6(b)(3), whichever occurs first. If the terms of the preceding sentence have not been satisfied and an agency wants to publish or otherwise issue a regulatory action, the head of that agency may request Presidential consideration through the Vice President, as provided -undersection 7 of this order. Upon receipt of this request, the Vice President shall notify OIRA, and the Advisors, The guidelines and time period set forth in section 7 shall apply to the publication ofregulatory actions for which Presidential consideration has been sought. Sec.. 9.Agency Authority.Nothing in this order shall be construed as displacingthe agencies' authority or responsibilities 'asauthorized by law. Sec. 10. 

### JudidialReview. Nothing in this Executive. order shill affect any otherwise available judicial review of agency action. This Executive order 'is intended only to improve the internal -management ofthe Federal Government and does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies

or instrumentalities, -itsofficers oremployees, orany otherperson. Sec. 11. Revocations. Executive Orders'Nos. 12291 and 12498; all amendments to those Executive orders; all guidelines issued under those orders; and apy exemptios from those orders heretofore granted for any category ofrule are revo ed,

-THE WHITE. HOUSE, September 30, 1993. JFR.-DOC. 93-44523 " -: Filed 10-1-93; 12:12 punl 'Billing code 3195-014M

Fditoria not. For the President's 'remarks on signing .this Executive order, see issue 39 of the WeeklyCompilation ofPresidentialDocuments. '

## Monday October 4, 1993 =



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=



## EW



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II

if



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# r

_.- 

# Part IX


# The President

Executive Order 12867-Termination of Emergency Authority for Certain Export Controls

- 

## Executive Order 12868-Measures To Restrict the Participation by United States Persons In Weapons Proliferation Activities
Executive Order 12869-Continuance of Certain Federal Advisory Committee
Executive Order 12870-Trade Promotion Coordinating Committee

### 51747

FPresidential 

# Documents

Vol. 58, No., 190 Monday, October 4, 1993.

Title 3- Executive Order 12867 of September 30, 1993



### The President Termination of Emergency Authority for Certain Export, Con

## trols

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section :203 of: the International Emergency Economic Powers Act (50 U.S.C. 1702) ("the IEEPA") the National Emergencies Act (50 U.S.C. 1601 et seq.), the Export Administration Act of 1979, as amended (50 U.S.C. App. 2401 et seq.) ("the Act"),. and section 301 of title 3. of the United States Code, it is, hereby ordered

as follows:
Section 1. In view of the extension of the Act by Public Law: 103-10 (March 27, 1993), Executive Order No. 12730 of September' 30,1990, which continued the effect ofexport control regulations under the IEEPA;is revoked, and the declaration of economic emergency is rescinded, as. provided in this order.
Sec. 2. The revocation of Executive Order No. 12730 shall not affect any violation ofany rules, regulations, orders, licenses, and other forms ofadministrative action under that Order that occurred during the: period the order

was in effect. All rules and regulations issued or continuedin effect under the authority of the IEEPA and Executive Order No. 12735, .including thosecodified at 15 CFR Sections 768-799 (1993), and all orders, regulations, licenses, and other forms of administrative action issued, taken,. or continued in effect pursuant thereto, shall remain in full force and effect, as if.issued, taken, or continued in effect pursuant to and as authorized by the Act

or by other appropriate authority until amended or revoked:'by the proper authority. Nothing in this order shall affect the continued applicability of the provision for the administration of the Act and delegations of authority
set forth in Executive Order No. 12002 of July 7, 1977;' Execi:tiVe! Order' No. 12214 of May 2. 1980, and Executive Order No. 12735' of November 16, 1990.
Sec. 3. All rules, regulations, orders, licenses, and other forms of administrative action issued, taken, or continued in effect pursuant to the authority of the IEEPA and Executive Order No. 12730 relating to the administration of Section 38(e) of the Arms Export Control Act (22 U.S.C.. .2778(e)). shall remain in full force and effect until amended or revoked. under proper: authority.
Sec. 4. This order shall take effect immediately.

THE WHITE HOUSE,

FR DC. 93-24524 September 30, 1993.

Filed 10-1-93; 12:43 pml Billing code 3195-01-PFederal Register /Vol. 58, No. 190 / Monday, October 4, 1993 / Presidential Documents 7 

## Presidential Documents

Executive Order 12868 of September 30, 1993


## Measures To Restrict the Participation by United StatePersons in Weapons Proliferation Activities

By the. authority vested in me as President by the Constitution and the laws of the United States of America, including section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702), the National Emergencies Act -(50 U.S.C. 1601 et seq.), the Export Administration Act of 1979, as amended (50 U.S.C. App. 2401 et seq.), and section 301 of title 3 ofthe United States Code, I, WILLIAM J. CLINTON, President of the United States of America, find that the proliferation of nuclear, biological and chemical weapons, and of the means of delivering such weapons, constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and hereby declare a national emergency to deal with that threat. Accordingly, in light of the revocation of Executive Order No. 12730 of September 30, 1990, and in order to limit the participation by United States persons in weapons proliferation activities, it is hereby ordered as follows:
Section 1. The Secretary of Commerce, in consultation with the Secretary of State, is hereby authorized and directed to take such actions, including the promulgation of rules, regulations, and amendments thereto, as may be necessary to continue to regulate the activities of United States persons in order to prevent their- participation 'in activities that could contribute to the proliferation of weapons of mass destruction and the means of their delivery, as provided in the Export Administration Regulations, set forth at 15 CFR sections 768-799 (1993).
Sec. 2. Nothing in this order is intended to affect the continued effectiveness of any rules., regulations, orders, licenses, or other forms of administrative action issued, taken, or continued in effect heretofore or hereafter under the authority of the Export Administration Act, or the authorities provided under Executive Order No. 12730 of September 30, 1990, and Executive Order No. 12735 ofNovember 16, 1990.
Sec. 3. This order shall take effect immediately.

THE WHITE HOUSE, September 30, 1993. JFR DOC. 93.-24$25
Filed 10-1-93. 12:44 pml Billing code 3X19$-1-P 51749

### Fedwsl , ikgier iMl. 56, Nn.190 1 .ndayv, October 4, I9N3 1'Presidenial Documents 

# PnsideMAl Docmlents

jEmmieeOn1w 120 of Sepleuber 30, 1993


## Continuance of Certain Federal Advisory Committees

Py The authority vested in me as President by the Constitution and the laws of the Ueed States of America, mA in accordance with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it is hereby ordered as follows: Section 1. Ea adviry committee listed below is continued until September 30,ig95 (a) Committee for the Preservation of the White House; Executive Order No. 11145, as amended (Department ofthe Interior); (b) Federal Advisory Council on Occupational Safety and Health; Executive Order No. 12196, as amended -(Department of Labor); (c) President's Commission on White House Fellowships; Executive Order No. 11183, as amended (Office ofPersonnel Management); (d) President's Committee on the Arts and Humanities; Executive Order No. 12367, as amended (National Endowment for the Arts); (e) President's Committee on the International Labor Organization; Executive Order No. 12216 (Department of Labor); () President's Committee on Mental Retardation; Executive Order No. 11776, as amended (Department ofHealth and Human Services);

(g) President's Committee on the National Medal of Science; Executive Order No. 11287, as amended (National Science Foundation); (h) President's Council on Physical Fitness and Sports; Executive Order No..12345, as amended (Department ofHealth and Human Services); (i) President's Export Council; Executive Order No. 12131, as amended (Department ofCommerce); and 

### (j)President's National Security Telecommunications Advisory Committee; Executive Order No. 12382, as amended (Department of Defense). Sec. 2. The President's Council of Advisors on Science and Technology; Executive Order No. 12700, as amended (Office of Science and Technology Policy), the authority for which expired on June 30, 1993, is hereby reestablished in accordance with the provisions of Executive Order No. 12700,

as amended, and shall continue until September 30, 1995. Sec. 3. Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory. Committee Act that

are applicable to the committees listed in sections 1 and 2 of this order, except that of reporting annually to the Congress, shall be performed by the head of the department or agency designated after each committee, in accordance with the guidelines and procedures established by the Administrator ofGeneral Services.
Sec. 4. The following Executive orders or sections thereof, which established committees that have terminated or whose work is completed, are revoked: (a) Executive Order No. 12792, establishing the National Commission on America's Urban Families; (b) Executive Order No. 12813, as amended by Executive Order No. 12815. establishing the President's Commission on the Management of the Ageacy for International Development (AID) Programs; 5T"751

### 51752 Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Presidential Documents

(c) Executive Order No. 12720, as amended by Executive Order No. 12783, establishing the President's Council on Rural America; (d) Executive Order No. 12696, as amended by Executive Order No. 12756, establishing the President's Drug Advisory Council; (e) Executive Order No. 12687, as amended by Executive Orders Nos. 12741 and 12785, establishing the President's Education Policy Advisory Committee; and



### (f)Section 5 ofExecutive Order No. 12675, establishing the Vice President's Space Policy Advisory Board. Sec. 5. Executive Order No. 12774 is superseded. Sec. 6. This order shall be effective September 30, 1993.

THE WHITE HOUSE, September 30, 1993. [FR Doc. 93-24533

Filed 10-1-93; 1:14 pml Billing code 3195-01-PFederal Register / Vol.. 58,,No. 190. Monday, October 4,. 1903 / Presidential Documents .51753 

## Presidential Documents

Executive Order 12870 of September 30,.1993


## Trade Promotiorn Coordinating Committee

By the authority vested in me, as President by the Constitution and the laws of the United. States of-America including the Export Enhancement Act of .1992.;(Public- Law 102-429, 106 Stat. 2186), and section 301 of title-3, United States Code, it Is hereby ordered as follows:
Section 1. Establishment. There is established the "Trade Promotion Coordinating Committee" ("TPCC)..The Committee shall comprise representatives of each ofthe following: (a) Department ofCommerce; (b) Department of State; (c) Department ofthe Treasury; (d) Department of Agriculture: (e) Department ofEnergy; (0) Department of Transportation; (g)Department of Defense; (h) Department of Labor; (i) Department ofthe Interior: 

### (j)Agency for International Development; (k) Trade and Development Agency;: (I)Environmental Protection Agency (m) United States Information Agency; (n) Small Business Administration: (o) Overseas Private Investment Corporation; (p) Export-Import Bank ofthe United States; (q) Office ofthe United States Trade Representative (r) Council ofEconomic; Advisers; (s) Office ofManagement and Budget; (t) National Economic Council; (u) National Security Council; ana, (v) at the discretion of the. President, such other cdepartments -or agencies as may be necessary. . Members of the TPCC shall be appointed by the heads of their respective departments or agencies. Such members, as well as their designated alternatives, shall be individuals who.exercisesignificant decision-making authority in their respective departments or agencies.
Sec. 2. Chairperson.The Secretary of Commerce shall be the chairperson ofthe TPCC. .- . : . . Sec. 3. Purpose.The purpose of theoTPCC -shall be to provide a unifying framework to coordinate the export promotion and-export financing activities of the United States Government and to develop a governmentwide strategicplan for carrying out such programs.

-51754 Federal Register I Vol. 58, No. 190 / Monday, October 4, 1993 1 Presidential Documents

Sec. 4. Duties.The TPCC shall:

(a) coordinate the development of the trade promotion policies and programs of the United States Government; (b) provide a central source of information for the business community

on Federal export promotion and export financing programs; (c) coordinate official trade promotion efforts to ensure better delivery of services to U.S. businesses, including: (1) information and counseling on U.S. export promotion and export financing programs and opportunities in foreign markets; (2) representation ofU.S. business interests abroad; and (3) assistance with foreign business contacts and projects; (d) prevent unnecessary duplication in Federal export promotion and export financing activities; (e) assess the appropriate levels and allocation ofresources among agencies in support of export promotion and export financing and provide recommendations, through the Director of the Office of Management and Budget to the President, based on its assessment; and (f) carry out such other duties as are deemed to be appropriate, consistent with the purpose of the TPCC. Sec. 5. StrategicPlan. To carry out section 4 of this order, the TPCC shall develop and implement a governmentwide strategic plan for Federal trade promotion efforts. Such plan shall: (a) establish a set of priorities for Federal activities in support of U.S. exports and explain the.rationale for the priorities; (b) review current Federal programs designed to promote the sale of U.S. exports in light of the priorities established under paragraph (a) of this section and develop a plan to bring such activities into line with those priorities and to improve coordination ofsuch activities; (c) identify areas of overlap and duplication among Federal export promotion activities and propose means ofeliminating them; (d) propose, through the Director of the Office of Management and Budget, to the President an annual unified Federal trade promotion budget that supports the plan for priority activities and improved coordination established under paragraph (b) of this section and eliminates funding for the

areas ofoverlap and duplication identified under paragraph (c) ofthis section; and (e) review efforts by the States to promote U.S. exports and propose
means ofdeveloping cooperation between State and Federal efforts, including co-location, cost-sharing between Federal and State export promotion programs, and sharing ofmarket research data.

### Federal Register I Vol. 58, No. 190 / Monday, October 4, 1993 / Presidential D0cuments 51755;

Sec. 6. Report. The chairperson of the TPCC, with the approval of the President, shall prepare and submit to the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Foreign Affairs of the House of Representatives, not later than September 30, 1993, and annually thereafter, a report describing the strategic plan developed by the TPCC pursuant to section 5 of this order, the implementation of such a plan, and any revisions to the plan.

THE WHITE HOUSE SD9September

### 30, 1993. [FR Doc. 93-24534

Filed 10-1-93: 1:15 pil, Billing code 3195-01--.M

# Reader Aids Federal Register
Vol. 58, No. 190
Monday, October 4, 1993

INFORMATION AND ASSISTANCE

Federal Register Index. finding aids &general information Public inspection desk Corrections to published documents Document drafting information Machine readable documents

Code of Federal Regulations Index, finding aids &general information Printing schedules

Laws Public Laws Update Service (numbers, dates, etc.) Additional Information

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The United States..Government Manual General information Other Services
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ELECTRONIC BULLETIN BOARD Free Electronic Bulletin Board service for Public 202- Law numbers, and Federal 'Register finding aids. or

FEDERAL REGISTER PAGES AND DATES, OCT

51211-51664
...................... 1
51665-51756
...... ............... 4 CFR PARTS AFFECTED DURING OCTOBER

At the end ofeach month, the Office of the Federal Register publishes separately a Ust of CFR Sections Affected (LSA), which lists parts and sections affected by documents published since the revision date of each tite.

523-3447 3 CFR Administrative Orders Notices:
523--6227 September 30, 1993

........ 51563 523-3419 Executive Orders: 12775 (See notice of September 30)

......... 51563 12779 (See notice of 523-6641 September 30)

......... 51563 523-6230 12853 (See notice of September 30)

......... 51563 11145 (Continued by

EO 12869)

.................... 51751 523-230 11183 (Continued by 523-5230 EO 12869)

.................... 51751 523-230 11287 (Continued by EO 12869)

.................... 51751 11776 (Continued by 523-5230 EO 12869).................... 51751 12002 (See EO

12867)

.......................... 51747 523-3447 12131 (Continuedby 523-3187 EO 12869)

.................... 51751 523-4634 12196 (Continued by 523-3187 EO 12869)
.................... 51751 523-6641 12214 (See EO 523-5229 12867)

.......................... 51747 12216 (Continued by

EO 12869)

.................... 51751 12291 (Revoked by

EO 12866)

.................... 51735 275-1538, 12345 (Continued by 275-0920 EO 12869)

.................... 51751 12367 (Continued by

EO 12869)

.................... 51751 OBER 12382 (Continued by EO 12869)

.................... 51751 12498 (Revokedby

EO 12866)

................... 51735 12675 (Revokedby

EO 12869)
.................... 51751 12687 (Revoked by

EO 12869)
.................... 51751 12696 (Revoked by

EO 12869)

........ 51751 12700 (See EO

12869)

......................... 51751 12720 (Revokedby

EO 12869)

........ 51751 12730 (See EOs

12867,12868)

............. 51747, 51749 12735 (See EOs

12867,12868)............. 51747, 51749 12774 (Superseded by

EO 12869)
.................... 51751 12792 (Revokedby

EO 12869)

.................... 51751 12813 (Revoked by

EO 12869)
.................... 51751 12866
............................... 51735 12867

............ 51747 12868

............................... 51749 12869
............................... 51751 12870
............................... 51753 Proclamations: 6598

................................. 51559 6599

................................. 51561 6600
................................. 51721 6601

.............. 51723

5 CFR 532

................................... 51211 591

................................... 51565 Proposed Rules: 2502

................................ 51255 2504

................................. 51256
7 CFR
2
....................................... 51211 246

................................ 51566 1211

................................. 51568
9 CFR Proposed Rules: 317

................................... 51581 318

............................... 51581
14 CFR
39
......................... 51212,51215 Proposed Rules: 39

.................................... 51583, 51585, 51587, 51589 71

..........51256,51257
17 CFR 250

................................... 51488 259
................................... 51488 Proposed Rules: 250
................................... 51508
18 CFR 35

..................................... 51217 375

................................... 51222 Proposed Rules: 35

..................................... 51259
21 CFR 864

................................... 51570
24 CFR
888
................................... 51410 Proposed Rules: 905

................................... 51261 990

................................... 51261
26 CFR
1
....................................... 51571 602

................................... 51571
28 CFR 11

..................................... 51223ii Federal Register /Vol. 58, No. 190 / Monday, October 4, 1993 / Reader Aids

51

. ... ....... ... ...........512251 ; .646

................................... 51518 Proposed Rute:
29 CFR Proposed Rules: 67

..................................... 51598 S R 668

................................... 51712 46 CFR SProposeed Rulesl: , .:

... . "
,

• .1609

............. .. . ..... 51266 : A CFR 160

................................... 51576 30,CFR: , 258

................................. 51536 Proposed Rules:

.... .271..............51244..10

..............51408 917

.................... . ............. 51225

. 271

................................... 512"44................... 1 0 721

......... 51672, 51694 12

.............. 51408 .,31 CFR Proposed Rules: 67
..................................... 51298 Proposed Ruls:

........ ................51591, 51593 47 CFR :.Pro olmd ul : !:. ,. " s8

... ....... ......... ............ ..... 165 103
................................. 51269 1
....................................... 51246 42 CFR 15

..................................... 51247 7332 CFR.51..8 51250,51578.51579

. . . .. '..

. 4!Z

......... ...... ................ ....51408 3......51 0, 1 78 5 5 9 1.9................ ;, ...... ...... ....5!-227

.................. 51400IfI 74

.......................... .......... 51250 06.....

..... 1227 436...........5148.................... 51251

:

. 33 C FR - "

. , . . . . Proposed Ruin: "Proposed R uin: 15

................ 9.......

........ 51299

2.................... .51726 440
......................... ......... 51288 73
......................... ....... 51603 2.. ,6........... I.....512 4451288 15............ 3............... 51726 441 51288 90........

....... 5...... 1299 100

.................... 51242, : 4TCFR 165

.......... ....... 51243

. 49 CFR 175

................................ 51576 : ............. '

....................... 51550 ' 107

................................. 51524 181.....

........... ,51576. Proposed Rules: 171

...............51524 4700

................................. 51297 172

..................... 51524 34CFR 173
................................... 61524 642

...............51518" 44 CFR 174

................... .. 51524 645

......................... 5152....... 51514 64'..

.......... ,.............. 51676 175

...... ;................... .;......51524 176............................. 51524 177

................................ 51524 178

............. 51524 179

................................... 51524 180

................................... 51524 Proposed Rule 1063

................................. 51603

50 CFR 301

................................... 51253 642

................................... 51579 675

................................... 51253 Proposed Rules: 17

......................... 51302. 51604 52

......................... 51270, 51279

UST OF PUBUC LAWS

Note: No public bills which have become law were received by the Office of the Federal Register for Inclusion In todays List of Public Lows.
Last List September 27, 1993

### Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Reader Aids 

### iii

"CFRCHECKUST

This ohecklst,prepared by the Office of the Federal Regis publshedweekly. ItIsarranged Inthe order ofCFR titles, nunbers, prices,and revision dates. An astefik *)precedes each entry that has been Issued week andwhich Is now available forsale at the Govemmi Office. Achodst ofcurrent CFR volumes comprisinga complet alsoappearsin the latest Issue of the LSA (Ustof CFR 54 Affecled), whilc Isrevised monthly. The annual ratefor subscription toall revised volumes Is domestic, $193.75 additional forforeign mailing. Mal orders to the Superintendent of Documents, Attn: N. P.O. Boa 371954, PIttsburgh, PA 15250-7954. AN orders accompanied by remittance (check, money order,GPO D Account,VISA, or Master Card). Charge orders maybe ts to the GPO Order Desk, Monday through Friday, at (202) from 8:00 aim.to 4:00 p.m. eastern time,or FAX your cha to (202) 512-2M . TItle Stock Number Price 1, 2(2 Re ed)

......... (869-019-00001-1)

...... $15.00 3(199 Comaplation

andPat 100 nW 101)

........... (869-019-00002-0)...... 17.00
4

. .... (86010-00003-8)

.... 5.50 5 Parts: 1-699

......................... (869-019-.00004-6)

...... 21.00 700-1199

...................... (869,019-00005-4)

...... 17.00 1200-End, 6 (6

Reserved)

................. (869-019-0006-2)

....... 21.00 7 Parts: 0-26

.......... ................. (869-019-00007-1)

...... 20.00 27-45

................. (869-019-00008-9)

...... 13.00 46-51

................. ...(869-.019-00009-7)

...... 20.00 52

. ... . . (869-019-00010-1)

...... 28.00 53-209
........................ (869-019-00011-9)

...... 21.00 210-299

....................... (869-019-00012-7)

...... 30.00 .3*

........................ (869-019-00013-5)

...... 15.00 400-699

........................ (869-019-00014-3)

...... 17.00 700"99

....................... (869-019-00015)

...... 21.00 900-999

...................... (869-019-00016-

...... 33.00 1000-1059

..... .......(869-019-00017-8)

...... 20.00 1060-1119

.................. (869-019-000186)

...... 13.00 1120-1199

.................. (869-019-00019-4)

...... I 00 1200-1499

.................... (869-019-00020-8)

...... 27.00 1500-1899

.................... (869-019-00021-6)

...... 17.00 1900-1939

................. (869-019-00022-4)

...... 13.00 1940-1949

................... (869-019-00023-2)

...... 27.00 1950-19

.................... (869-019"00024-1)

...... 32.00 2000-End

.................... (8690-00025-9)

...... 12.00

8
................................. (869-019-00026-7)
...... 20.00 9 Pasrt: 1-199

........................... (869-019-00027-)

...... 27.00 200-End

....................... (869-019-00028-3)

...... 21.00 10 Parte: 0-50

............................ (869-019-00029-1)

...... 29.00 51-199

......................... (869-019-00030-5)

...... 21.00 200-399

........................ (869-019-00031-3)

...... 15.00 400-499

........................ (869-019-00032-1)

...... 20.00 500-End

....................... (869-019-000) ......- 33.00
11

............................... (869-019-0034-8)

...... 13.00 12 Pats: 1-199

...................... (869-019-00035-6)
...... 11.00 200-219

........... (869-019-00036-4)

...... 15.00 220-299

........................ (869-019-00037-2)

...... 26.00 300-499

........................ (869-019-00038-1)
...... 21.00 500-99

..................... (869-019-00039-9)

...... 19.00 600-End....................... (869-019-00040-2)
...... 28.00 13

.............. (869--019-00041-1)

...... 28.00 Tite .Stock Number 14 Ports: 1-59

............................. (869-019-00042-9)

...... ster, is 60-139

.......................... (869-019 43-7)

...... stock 140-199

........................ (869-019-00044-5)

...... 200-1199

.......... (869-019-00045-3)

...... since last 1200-End

...................... (869-019-00046-1)

...... ent Printing 15 Pam: 0-299

........................... (869-019-00047-0)

...... 9CFR set, 300-799

........................ (869-019-00048 )

...... X1101s 800.End

....................... (869-019.049-6)

...... 16 Parts: $775.00 0-149

........................... (869-019-00050-0)

...... 150-999

........................ (869-019-00051-)

...... wOrders, 1000-End

......... (869-019-40052-6)

...... must be eposit 17 Pa : 1ephoned 1-199

........... (869-0190054-2)

...... 783 1238 200-239

........................ (869-019-00055-1)

...... rge orders 240-End

.......... (869-019-00056-9)

...... 18 Parts: Revlo Deb 1-149

........................... (869-019-00057-7)

...... 150-279

........................ (869-019-00058-5)

...... Jon. 1,1993 280-399

........................ (869-019-00059-3)

...... 400-End

....................... (869-019-00060-7)

...... 19 Parts: IJan. 1,1993 1-1.

........................... (869-019-00061-5)

...... Jon. I, 1993 200-End

....................... (869-019-M2-3)

...... 20 Parts: Jon. 1,1993 1-399

........................... (869-019-00063-1)

...... Jan.1,1993 400-499

....................... (869-019-00064-0)

...... 500-End

....................... (869-019-00065-8)

...... Jon. 1,1993 21 Parts: 1-99

............................. (869-019600066-6)

...... Jon. 1,1993 100-169

........................ (869-019-00067-4)

...... Jon. 1,1993 170-199

........................ (869-019-00068-2)

...... Jon. 1,1993 200-299

........................ (869-019-00069-1)

...... Jan. 1,1993 300-499

........................ (869-019-00070-4)

...... Jon. 1,1993 S00-599

........................ (869-019-00071-2)

...... Jon. 1,1993 600-799

........................ (869-019-00072-1)

...... Jan.1,1993 800-1299

...................... (869-019-0073-9)

...... Jon. I, 1993 13o0-End

...................... (869-019-00074-7)

...... Jon. 1,1993 Jon. 1,1993 22PaWU: Jon. 1,1993 1-299

........................... (869-019-00075-5)

...... Jon. 1,1993 300-End

....................... (869-019-0076-3)

...... Jan. 1,1993 23

................................ (869-019-00077-1)

...... Jon. 1, 1993 Jan. 1, 1993 24 Parts: Jan. 1,1993 0-199

........................... (869-019-00078-0)

...... Jon. 1,1993 200-499

........................ (869-019-00079-8)

...... Jon. 1,1993 500-699

........................ (869-019-00080-1)

...... Jan. I,1993 700-1699

...................... (869-019-00081-0)

...... 1700-End

...................... (869-019-00082-8)

...... Jon.2

................................ (869-019-.00083-6)

...... Jon. 1,1993 26 Parts: Jon. 1,1993 §§1.0-1-1.6O

................ (869-019-00084-4)

...... §§1.61-1169

................ (869-019-00085-2)

...... §§ 1.170-1.300

.............. (869-019-00086-1)

...... 1Jon 993 

### §§ .301-400

.............. (869-019-00087-9)

...... Jon. 1,1993 

### §IOI-IA40

.............. (869-019-00088-7)

...... Jon. I, 1993 A41.1.500

.............. (869-019-00089-5)

...... Jon. 1,1993 44 1.501-1.640

.............. (869-019-00090-9)

...... Jon. 1,1993 441.641-1.850...... 869-019-00091-7). Jon. 1,1993 

### §§1.851-1.907

.............. (869-019-00092-5)

...... 441.908-1.1000

............ (869-019-00093-3)

...... 4§ 1.1001-1.1400

.......... (869-019-00094-1)

...... Jon. 1,1993 

### § 1.1401-End

.............. (869-019-00095-0)

...... Jan. 1, 1993 2-29

............................ (869-019-00096-8)

...... Jon. 1,993 30-39

........... 69-019-00097-6)

...... Jon. I,1993 40-49

........ ...... 869-019-00098-4)

...... Jon. 1,1993 50-299

.......... (869-019-00099-2)

...... Jon. 1,1993 300-499

........................ (869-017-00100-0)

...... Jon. 1,1993 500-599

........................ (869-019-00101-8)

...... Price Revision Date

Jon. 1,1993 Jon. 1,1993 Jon. 1,1993 Jon. 1,1993 Jan. 1,1993

Jon. I, 1993 Jon. 1,1993 Jon. 1,1993

Jon. 1,1993 Jon. 1,1993 Jon. 1,1993

18.00 Apr. 1,1993 23.00 June 1,1993 30.00 June 1,1993

.16.00 19.00 15.00 10.00

35.00 11.00

19.00 31.00 30.00

15.00 21.00 20.00 6.00 34.00 21.00

8.00 22.00 12.00

30.00 22.00 21.00

38.00 36.00 17.00 39.00 15.00 31.00

21.00 37.00 23.00 21.00 31.00 23.00 20.00 24.00 27.00 26.00 22.00 31.00 23.00 18.00 13.00 13.00 23.00

6.00 Apr. 1, 1993 Apr. 1,1"3 Apr. 1,1W3 Apr. 1,1993

Apr. 1,1993 Apr. 1, 1993
Apr. 1, 1993 Apr. 1,1993 Apr. 1,1993
Apr. 1,1993 Apr. 1,1993 Apr. 1,1993 Apr. 1,1993 Apr. 1,1993 Apr. 1, 1993 Apr. 1,1993 Apr. 1,1993 Apr. 1,1993

Apr. 1,1993 Apr. 1,1993 Apr. 1,1993

Apr. 1,1993 Apr. 1,1993 Apr. 1,1993 Apr. 1,1993 Apr. 1,1993 Apr. 1,1993

Apr. 1,1993 Apr. 1,1993 Apr. 1,193 Apr. 1,1993 Apr. 1,1993 Apr. 1,1993 Apr. 1,1993 Apr. 1,1993 Apr. 1, 193 Apr. 1,1993 Apr. 1,1993, Apr. 1, 1993 Apr. 1,1993 Apr. 1,1993 Apr. 1,1993 Apr. 1,1993 Apr. 1,1993 4Api. 1,1990

### iv Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Reader Aids

Tft 

### ~ Ssock Number 600-End

........ .. ( 69019-0010-)'...... 27 Pais: 1-199

..................... (8691 0103-4)

...... 200-fnd

........................ (869-01900104-2)

...... 26 Part:

............... 86 9"0*0- 1).....

............................ (6097019-0105-1)

....... 43-.

..................... '(869-019.00106-9)

...... 29 Parts:

00-99

. ............ .......... ( 0100107). 50.-899

...................... (6"176 074)

...... 900-1899 .i............(869-019001l10-7).. 190-1910 (§§1901.1 to

1910

.................. (8-9-017-001 1)

...... 1910 (§§ 1910.1000 to

end)

......................... (869-017-00110-4)

...... 1911-1925

........ (869-017-0111-2)

...... 1926. (869-017-00112-1)

..... 1927-End

......... (869-017-)0113-9)

...... 30 Parts: 1-199

........... (869-017-001147)

...... 200-699

................ ....... (869-019-00117-4)

...... 70D- d........ (869o

. 17-01 3)...... 31 Parts: 0-199

........................... (869-019-00119-1)

...... "200-,En

...................... (869-019-00120-4)

...... 32 Parts: : 1-39, Vol. I

...................... 1-39, Vol. I

.....;- ......... ......... .......... 1-39, Vol. III

................ ............... ..... .......... 1-190

............................ (869-019-00121-2)

...... 190-399

....................... (869-17-0120-1)

...... 400-6

....................... (869-019-0123-

...... 630-699

................... (869-019-)0124-7)

...... '700-799

..................... (869-019600125-5)

......

. .. 00

............... 

### (86"-196400126-3)

.. 3Parts: 1-124................ (869-017- 22)

...... 125-199

................... (869417-00126-1)

...... 200-End

........................ (869-09--0129-8)

...... 34 Porte: 1-299

........................... (869-017-00128-7)

...... 300-399

.......... (869-017-00129-5)

...... 40-End

...................... (869-017-00130-9)

...... 35

............................ (869-019-00133-6)

...... 36 Parts: "1-199........869-019-00134-4).. *200-End

...................... (869-019-00135-2)

...... 37

................................ (869-01I7-00134-1)

...... 38 Parts: 0-17

............................. (869-0170035-0)

...... 18-E

.......................... (69-0-19-01W -7)

...... 39

................................. (869-019-00139-5)

...... 40 Parts: 1-51

........................... (869-017-00138-4)

...... 52

.......... ... (869-017-00139-2)

...... 53-60

........................... (869-017-00140-6)

...... 61-80

........................... (869-017-00141-4)

...... 81-85

.......... : ............... (869-017-00142-2)

...... 86-99

......... (869-017-00143-1)

...... 100-149 (869-017-00144-9)

...... 150-189

........................ (869-017-00145-7)

...... 190-259

.......... (869-017-001460-S)

...... 260-299

........... (869-017-00147-3)

...... 300-399.......... (869-017-00148-1)

...... 400-424

............... .. ..... (8*9 017-00!49-0)

...... 4

....................... (869-017-00150-3)

...... 700-789

........................ (869-017-00151-1)

...... 790-End

..................... (80017-00152-0)

....... Puce 8.00

37.00 11.00

27.00 21.00

21.00

9.50 32.00 17.00

29.00

16.00 9.00 14.00 30.00

25.00 20.00 25.00

18.00 29.00

15.00 19.00 18.00 30.00 33.00 26.00 14.00 21.00 22.0

18.00 21.00 24.00

27.00 19.00 32.00 12.00

16.00 35.00 17.00

28.00 30.00 17.00

31.00 33.00 36.00 16.00 17.00 33.00 34.00 21.00 16.00 36.OO 15.00 26.00 26.00 23.00 25.00 Pevison Dt Two Siok Number Pike Ap. 1,1993 41 Chapters: 1,1-1 tO 1-10

..................................................... 13.00 Apr. 1,1993 1,1-11 to Appnix,2 (2Resved)

................... 13.00 sApr. 1,1991 3-6

........................................................... 14.00 7

.............................. 6.00 8
............................................... oo.oo... ..... 4.50 Iuly ,1993 9

........................................................................ 13.00 July 1,1993 10-17

................................................................ 9.50 18,Vol. l,Parts -6

......................................... 13.00 July ,1993 18, VOL H, Pats6-19

........................................... 13.00 July 1,1993 18, VoL III, Parts 20-52

........................................ 13.00 July 1 I1 19-00

.................................. ........................ . 13.00 1-100

........................... (869-017-00153-8)

...... 9.50 July 1,1993 101

............................... (869.019-00157-3)

...... 30.00 102-200

........................ (869-019-00158-1)

...... 11.00 July ,1992 01-

....................... (869-017-00156-2)

...... 11.00
July 1,1992 42 Parts: 6July 1,1989 1-399

........................... (869-017-00157-1)

...... 23.00 July 1,1992 400-429

........................ (869-417-00158-9)

...... Jul 1,1992 430-End

....................... (869-017-00159-7)

...... 31.00 43 Parts: July 1,1992 1-999

........................... (869-017-00160-1)

...... 22.00 July 1,1993 1000-399

.................... (869-017-00161-9)

...... 30.00 July ,1992 4000-End

...................... (869-017-00162-7)

...... 13.00 44

................................ (869-017-0163-5)

...... 26.00 July 1,1993 4S Part: July 1,1993 1-199

........... (869-017-00164-3)

...... 20.00 200-49

........................ (869-017-00165-1)

...... 14.00 2July 1,1984 500-1199

...................... (869-017-00166-0)

...... 30.00 2July 1,1984 1200-End

......... (869-017-00167-8)

...... 20.00 2July1,1984 U o. 2July 1, 19$4 46 Parts: JUly 1,1993 1-40

............ (869-017-00168-6)

...... 17.00 July 1,1992 41-69

........................... (869-017-00169-4)

...... 16.00 July 1,1993 70-89

........................... (869-017-00170-8)

...... 8.00 July 1,1991 90-139

.......................... (869-017-00171-6)

...... 14.00 Jy 1,1993 140-155

........................ (869-017-00172-4)

...... 12.00 July 1,1993 156-166

........................ (869-017-00173,2)

...... 14.00 166-199

........................ (869-017-00174-1)

...... 17.00 July 1,1992 200-499

........................ (869-017-00175-9)

...... 22.00 July 1,1992 5-End

....................... (869-017-00176-7)

...... 14.00 July I, 1993 47 Parts: 0-19

....... (869-017-00177-5)

...... 22.00 July 1,1992 20-39

........................... (869-017-00178-3)

...... 22.00 July 1,1992 40-69

.......................... (869-017-00179-1)

...... 1200 July I,1992 70-79

........... (869-017-00180-5)

...... 21.00 July 1,1993 80-End

......................... (869-017-00181-3)

...... 00 48 Chapters: July 1,1993 1(Pats 11)

............... (869-017-0082-1)

...... 3.00 JY 1.1 1(Pats

............. (869-017
- 3.

...... 22. 2 Pat 201-251)

.......... (869-017-0084-8)

...... ISO Juy 1,199 2(Pah t2s )

........... (869-017-00185-6)

...... 12. 3-6

............................... (869-.017-00186-4)

...... 22.00 Sp 1, 1992 7-14

............................. (869-017-00187-2)

...... 30.00 July 1,1993 15-28

........... (869017-00188-1)

...... 26.00 July29-

......................... (869-017-00189-9)
..... 16.00 49 Parts: 1-99

............ (869-017-00190-2)

...... 22.00 July 1,1992 100-177

.......... (869-017-00191-1)

...... 27.00 July 1,1992 178-199

.......... (869-017-00192-9)

...... 19.00 July ,1992 20-399

...... .... (869-017-00193-7)

...... 27.00 July 1,1992 400-9

....... 4.9............... (869-017-00194-5)

...... 31.00 July 1,1992 1000-1199

.................... (869-017-00195-3)

...... 19.00 July 1,1992 1200-End

...................... (869-017-00196-1)

...... 21.00 July 1, 1992 July 1,1992 50 Part: July 1,1992 1-199

........................... (869-017-00197-0)

...... 23.00 July 1,1992 200-699............. (869017-00198-8)

...... 20.0 Julv 1.1992 600-End

...................... (869-017-00199-6)

...... 20.00 Jy 1 199 July 1, 1992 July 1,1992 July 1, 1992 CR "ndex and FrAg Ak.

.......................... (869-019-00053-4)

...... Complete 1993 CFR set

...................................... 36.00 775A)0 3July 1,1984 3Jury 1,1984 3.y 1,1984 3July 1,1984 3July 1,1984 3Juy 1,1984 3.July 1,1984 3.July1,1984 3July 1,1984 3July 1,1984 3July 1,1984 July I,1992 July 1,1993 7July 1,1991

July 1,1992

Oct. 11992 Oct. 1,1992 Oct. 11992

Oct. 1,1992 Oct. 1,1992 Oct. 1,1992 Oct. l,1992

Oct. 1,1992 O

. 1,1992 Oct. I,1992 Oct. 1,1992

Oct. 1,1992 Oct. I,1992 Oct. 1,1992 Oct. 1,1992 Oct, 1,1992 'Oct. 1.1991 Oct. 1,1992 Oct. 1,1992 Oct. 1,1992

Oct. 1,1992 Oct. 1,1992 Oct. 1, 1992 Oct. 1,1992 Oct. 1,1992

Oct. 1,1992 Oct. 1,1992 Oct. 1,1992 Oct. 1,1992 Oct. 1,1992 Oct. 1,1992 Oct. 1,1992 Oct.1I 1992

Oct. 1,1992 Oct. 1,1992 Oct. 1,1992 Oct. 1,1992 Oct. 11992 Oct. 1,1992 Oct. 1,1992

Oct. 1,1992 Oct. 11992 Oct. 1,1992

Jan. 1,1993 1993

### 5 , 4



### .. ;f

### VI 'oday, dctober t4,"IVOS 

### I4"de"''r " 

## X v

Twdo Stock NuMbePr Rovtlon Dets



### ~icfoflcho CFR Edition: Complete set (one-time miKig)

................... 188.00 1990 Complete set (one-timemailing );. 188.00 1991 Complete set (one-time lin

................... 188.00 1992 Su*sci6pion (mailedas issued)

....................... 223.00 1993 Inaividuol copies

........................................... 2.00 1993 I bamm ie 3 s an amual cwr , t volume and al prevlos volumes shbkiOe retained as a pewmoent reference source.

MThe Jy I; 195' edilon of 32 CFR Parts 1-189 condns *anoe only foi Ports 1-39 iclusIve. For No U text of Ne Defense Acqisitlon Regulatom inParts 1-391, consut h Owe* CFR volumes Issued as of Jy I, 1984, contdnng Itonpart.

"1he My 1,1965 edilon of 41"CM Chapters 1-100 contoins a note ol for Chopters I to 49 inclusve. For the u ext of procuemenl reguatos in Cnters I to 49, con" he eleven CR volumes Issued as of Jy 1. 1984 oontair" fto chpters. * 4No amednets to.thfs volume were promAlgoted d64V t period AMx. I, 1990 to -M. 31, 1993. The CFR vdlume Issued Aprl 1, 1990., shol be retkked.

.&No mendments to Ift volum were promulgaled dukng the period Apr. 1, 1991 to Mar. 1, 1993. The CTR volume Issued Apri I, 1991, should be *retdned

&No. mw ets to Is .vohm were promulgated OAV th. period My, 1,1989 f, m 30. 199 The CFR vokom Issued Muy 1,19"9, should be red.

'No awxohmnts-lo ftvo were promulgatod durkg the period Jdy 1,1991 to Jo 30, 1993. The CR volumebse Juy 1,11, should be retain'ed.

&No a' enment to Md volume were woprmgoted Ng the period October 1,1991 to September 30, 1992. The CR volume Issued October I. 1991, od be retand.