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

importer must show that it has a bona

fide intent to manufacture or import the

substance and must identify the specific

use for which it intends to manufacture

or import the substance. If EPA

concludes that the person has shown a

bona fide intent to manufacture or

import the substance, EPA will tell the

9 erson whether the use identified in the

ona fide submission would be a.

significant new use under the rule.

Since most of the chemical identities of

the substances subject to these SNURs

are also CBI, manufacturers and

processors can combine the bona fide

submission under the procedure in

§ 721.1725(b)(1) with that under

§ 721.11 into a single step. If a manufacturer or importer Is told

that the production volume identified in

the bona fide submission would not be

a significant new use, i.e. it is below 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 in the bona fide submission to

EPA. If the person later intends to

exceed that volume, a new bona fide

submission would be necessary to

determine whether that higher volume

would be a significant new use. EPA is

considering whether to adopt a special

procedure for use when CBI production volume is designated as a significant

new use. Under such a procedure, a

person showing a bona fide intent to

manufacture or import the substance,

under the procedure described in

§ 721.11, would automatically be

informed of the production volume that

would be a significant new use. Thus

the person would not have to make

multiple bona tide submissions 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 of Rule to Uses

Occurring Before Effective Date of the

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) orders have been issued for

12 substances and notice submitters are

prohibited by the section 5(e) orders

from undertaking activities which EPA

is designating as significant new uses. In

cases where EPA has not received a

Notice of Conimencement (NOC) and

the substance has not been added to the

Inventory, no other person may

commence such activities without first

submitting a PMN. For substances for

which an NOC has not been submitted

at this time, EPA has concluded that the

uses are not ongoing. However, EPA

recognizes in cases when chemical

substances identified in this SNUR are

added to the Inventory prior to the

effective date of the rule, the substances

may be manufactured, imported, or

processed by other persons for a

significant new use as defined in this

rule before the effective date of the rule.

However. 22 of the 33 substances

contained in this rule have CBI

chemical identities, and since EPA has

received a limited number of post-PMN

bona fide submissions, the Agency

believes that it is highly unlikely that

any of the significant new uses

described in the following regulatory

text are ongoing.

As discussed in the Federal Register

of April 24, 1990 (55 FR 17376), EPA

has decided that the intent of section

5(a)(1)(B) is best served by designating

a use as a significant new use as of the

date of publication rather than as of the

effective date of the rule. Thus, persons

who begin commercial manufacture,

import, or processing of the substances

regulated through this SNUR will have

to cease any such activity before the

effective date of the rule. To resume

their activities, 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 comply with this

SNUR before the effective date. If a

person were to meet the conditions of

advance compliance under § 721.45(h),

the person would be considered to have

met the requirements of the final SNUR

for those activities. If persons who begin

commercial manufacture, import, or

processing of the substance between

publication and the effective date of the

SNUR do not meet the conditions of

advance compliance, they must cease

that activity before 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

of establishing significant new use

notice requirements for potential

manufacturers, importers, and

processors of the chemical substances

subject to this rule. EPA's complete

economic analysis is available in the

public record for this rule (OPPTS50613).

X. Rulemaking Record

EPA has established a record for this

rulemaking (docket control number

OPPTS-50613). The record includes

information considered by EPA in

developing this rule.

A public version of the record,

without any CBI, is available in the

TSCA Nonconfidential Information

Center (NCIC), also known as, TSCA

Public Docket Office, from 8 a.m. to 12

noon and 1 p.m. to 4 p.m., Monday

through Friday, except legal holidays.

NCIC is located in Rm. E-G102, 401 M

St., SW., Washington, DC 20460.

XI. Regulatory Assessment

Requirements

A. Executive Order 12291

Under Executive Order 12291, EPA

must judge whether a rule is "major" and therefore requires a Regulatory

Impact Analysis. EPA has determined

that this rule will not be a "major" rule

because it will not have an effect on the

economy of $100 million or more, and

it will not have a significant effect on

competition, costs, or prices. While

there is no precise way to calculate the

total annual cost of compliance with

this rule, EPA estimates that the cost for

submitting a significant new use notice

would be between $7,198,to $8,170.

including a $2,500 user fee payable to

EPA to offset EPA costs in processing

the notice. In addition, EPA estimates

that the cost of recordkeeping

requirements for ongoing uses is $583

per year. EPA believes that, because of

the nature of the rule and the substances

involved, there will be few SNUR

notices submitted, Furthermore, while

the expense of a notice and the

uncertainty of possible EPA-regulation

may discourage certain innovation, that

impact will be limited because such

factors are unlikely to discourage an

innovation that has high potential value.

This regulation was submitted to the

Office of Management and Budget

(OMB) for review 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 this rule would not have a

significant impact on a substantial

number of small businesses. EPA has

determined that approximately 10

percent of the parties affected by this

rule could be small businesses.

However, EPA expects to receive few

SNUR notices for the substances.

Therefore, EPA believes that the number

of small businesses affected by this rule

will not be substantial, even if all of the
51702 Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Rules and Regulations

SNUR notice submitters were small

firms.

C. Paperwork Reduction Act.

The information collection

requirements contained in this rule have

been approved by OMB under the

provisions of the Paperwork Reduction

Act (44 U.S.C. 3501 et seq.), and have

been assigned 0MB control number

2070-0012.

Public reporting burden for this

collection of information is estimated to

vary from 30 to 170 hours per response,

with an average of 100 hours per

response, including time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

Sand comments regarding the burden

estimate or any other aspect of this

collection of information, including

suggestions for reducing this burden, to

Chief, Information Policy Branch, PM223, U.S. Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460; and to Office of Management

and Budget, Paperwork Reduction

Project (2070-0012), Washington, DC

20503.

List of Subjects in 40 CFR Part 721

Environmental protection, Chemicals,

Hazardous materials, Reporting and

recordkeeping requirements, Significant

new uses.

Dated: September 24, 1993.

Susan H. Wayland,

Acting Assistant Administrator for Prevention, Pesticides and Toxic Substances.

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: 15 U.S.C. 2604, 2607, and

2625(c).

2. By adding new § 721.285 to subpart

E to read as follows:

§721.285 Acetamlde, N-J4-

(pentyloxy)phenyl]-, acetamide, N.(2-nitro-4- and acetamide, N-J2-

amlno-4-(pentyloxy)phenyl]-.

(a) Chemical substances and

significant new uses subject to 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),

and acetamide, N-[2-amino-4-

(pentyloxy)phenyl]- (PMN P-92-33) are

subject to reporting under this section

for the significant new uses described in

paragraph (a)(2) of this section.

(2) The significant new uses are: (i

Industrial, commercial, and consumer

activities. Requirements as specified in

§ 721.80(h).

(ii) Release to water. Requirements as

specified in § 721.90(a)(4), (b)(4), and

(c)(4) (where N = 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 of the

substance that will be released will be

calculated before the substance enters

control technology does not apply.

Instead, if the waste stream containing

the substance will be treated before

release, then the amount of the

substance reasonably likely to be

removed from the waste stream by such

treatment may be subtracted in

calculating the number of kilograms

released. No more than 25 percent

removal efficiency may be attributed to

such treatment.

(b) Specific requirements. The

provisions of subpart A of this 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 of this substance.

(2) Limitations or revocation of

certain notification requirements. 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) Chemical substance and

significant new uses subject to reporting.

(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)

of this section.

(2) The significant new uses are: (i)

Protection in 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) Hazard communication 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

consumer activities. Requirements as

specified in § 721.80(q).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section.

(1) Recordkeeping. Recordkeeping

requirements as specified in

§ 721.125(a) through (i are applicable to

manufacturers, importers, and

processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

(3) Determining whether a specific use

is subject to this section. The provisions

of § 721.1725(b)(1) apply to this section.

4. By adding new § 721.1740 to

subpart E to read as follows:

§721.1740 Substituted

dichlorobenzothiazoles.

(a) Chemical substances and

significant new uses subject to 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) of this section.

(2) The significant new uses are: (i)

Industrial, commercial and consumer

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) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Importers and processors of this

substance are not subject to this section

if they 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,

and processors of this substance.

(3) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

5. By adding new § 721.2260 to

subpart E to 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) Chemical substance and

significant new uses subject to 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)

of this section.

(2) The significant new uses are: (i)

Protection in the workplace.

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 communication 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), (8){2)(ii), (g)(2)(iv),

and (g)(5).

(iii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(q).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified by this paragraph. (1) Recordeeping. Recordkeeping

requirements as specified in

§ 721.125(a), (b), (c), (i, (g), (h), and (i)

are applicable to manufacturers,

importers, and processors of this

substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

(3) Determining whether a specific use

is subject to this section. 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) Chemical substance and

significant new uses subject to 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) of this

section. The requirements of this section

do not apply once the substance has

been incorporated into a polymer matrix

with the level of residual 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 of the PMN substance

greater than 0.05 gg/min.cm2 after 8

hours of testing in accordance with the

most current version of the American

Society for Testing and Materials

(ASTM) F739 "Standard Test Method

for Resistance of Protective Clothing

Materials to Permeation by Liquids or

Gases." For conditions of exposure

which are intermittent, gloves may be

tested in accordance with the most

current version of ASTM F1383

"Standard Test Method for Resistance of

Protective 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 of dermal contact, and the

purge time used in testing is less than

or equal to the expected duration of

noncontact during the intermittent cycle

of dermal exposure in the workplace. If

ASTM F1383 is used for testing,

manufacturers, importers, and

processors must submit to the Agency a

description of worker 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 of ASTM

F1194 "Guide for Documenting the

Results of Chemical Permeation Testing

of Protective Clothing Materials."

Manufacturers, importers, and

processors must submit all test data to

the Agency and must receive written

Agency approval for each type of glove

tested prior to use of such gloves. The

following gloves have been tested in

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 for the solid form

of the substance only.), 0.04 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, full

body chemical protective clothing is

required for any worker activity in

which the substance is reasonably likely

to contact the worker in the following

state(s): Open liquid pool or solid of

greater than 5 kg; liquid spray or splash;

mist; aerosol dust; or any worker

activity which have potential for contact

with the PMN chemical for more than

10 min/h. At a minimum, a chemical

protective apron is required for any

worker activity with potential for

contact with the PMN chemical which

is not covered by this 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

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 the New Chemical

Exposure Limits provisions, including

sampling and analytical methods which

have previously been approved by EPA

for this 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 set at 0.1 percent), (f,

(h)(1)(vi) (The following additional

statements shall appear on each label

required by this paragraph: The health

effects of this 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) of I ppm, when there is

a likelihood of exposure 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 or below an 8-h TWA of I ppm.

iii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(q).

(iv) Release to 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 of the

substance that will be released will be

calculated before the substance enters

control technology does not apply.

Instead, if the waste stream containing

the substance will be treated before

release, then the amount of the

substance reasonably likely to be

removed from the waste stream by such

treatment may be subtracted in

calculating the number of kilograms

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 hexanoic acid, 2-

ethyl-, ethenyl ester, neononanoic acid,

ethenyl ester, and propanoic acid, 2,2-

dimethyl-, ethenyl ester, the quotient
51704 Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Rules and Regulations

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

daily amount released.

(b) Specific requirements. The

provisions of subpart A of this 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 of this substance.

Manufacturers, importers, and

processors of the substance must

document 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) of this section.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

(3) Determining whether a specific use

is subject to this section. 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) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance identified as

hexanoic acid, 2-ethyl-, ethenyl ester

(PMN P-91-826) is subject to reporting

under this section for the significant

new uses described in paragraph (a)(2)

of this section. The requirements of this

section do not apply once the substance

has been incorporated into a polymer

matrix with the level of residual

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 of the substance greater

than 0.02 tg/min.cm2 alter 8 hours of

testing in accordance with the most

current version of the American Society

for Testing and Materials (ASTM) F739

"Standard Test Method for Resistance of

Protective Clothing Materials to

Permeation by Liquids or Gases." For

conditions of exposure which are

intermittent, gloves may be tested in

accordance with the most current

version of ASTM F1383 "Standard Test

Method for Resistance of Protective

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 of dermal

contact, and the purge time used in

testing is less than or equal to the

expected duration of noncontact during

the intermittent cycle of dermal

exposure in the workplace. If ASTM

F1383 is used for testing, manufacturers,

importers, and processors must submit

to the Agency a description of worker

activities involving the substance which

Includes daily frequencies and

durations of potential worker exposures.

The results of all glovepermeation

testing must be reported in accordance

with the most current version of ASTM

F1194 "Guide for Documenting the

Results of Chemical Permeation Testing

of Protective Clothing Materials."

Manufacturers, importers, and

processors must submit all test data to

the Agency and must receive written

Agency approval for each type of glove

tested prior to use of such gloves. The

following gloves 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

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, full body chemical

protective clothing is required for any

worker activity in which the substance

is reasonably likely to contact the

worker in the following state(s): Open liquid pool or solid of greater than 5 kg;

liquid spray or splash; mist; aerosol

dust; or any worker activity which have

potential for contact with the PMN

chemical for more than 10 min/h. At a

minimum, a chemical protective apron

is required for any worker activity with

potential for contact with the PMN

chemical 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) 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 this paragraph:

The health effects of this 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) of I ppm, when there is a

likelihood of exposure 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 or below an 8-h TWA of I ppm.

(iii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(q).

(iv) Release to 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 of the

substance that will be released will be

calculated before the substance enters

control technology does not apply.

Instead, if the waste stream containing

the substance will be treated before

release, then the amount of the

substance reasonably likely to be

removed from the waste stream by such

treatment may be subtracted in

calculating the number of kilograms

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,

diethanyl ester, neononanoic acid,

ethenyl ester, and propanoic 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 Specific requirements. The

provisions of subpart A of this 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 of this substance.

Manufacturers, importers, and

processors of the substance must

document that the 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
Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Rules and Regulations 51705

described in paragraph (a)(1) of this

section.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

(3) Determining whether a specific use

is subject to this section. 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) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance identified

generically as diperoxy ketal [PMN-92-

1394) Is subject to reporting under this

section for the significant new uses

described in paragraph (a)(2) of this

section.

(2) The significant new uses are: (I)

Hazard communication program.

Requirements as specified in

§ 721.72(a), (b), (c), (d), (), (g)(3)(ii),

(g)(4)(iii), and (g)(5). (ii) Industrial, commercial, and

consumer activities. 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), Specific requirements. The

provisions of subpart A of this part

apply to this 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 of this

substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

(3) Determining whether a specific use

is subject to this section. The provisions

of § 721.1725(b)(1) apply to this section.

9. By adding new § 721.4590 to

subpart E to read as follows:

§721.4590 Mannich-based adduct.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance generically

identified as a Mannich-based adduct

(PMN P-93-66) is subject to reporting

under this section for the significant

new uses described in paragraph (a)(2)

of this section.

(2) The significant new uses are: (i)

Industrial, commercial, and consumer

activities. Requirements as specified in

§ 721.80(h).

(ii) Release to water. Requirements as

specified in § 721.90(a)(4), (b)(4), and

(c)(4) (where N = 8 ppb).

(b) Specific requirements. The

provisions of subpart A of this 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 of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

10. By adding new § 721.5310 to

subpart E to read as follows:

§721.5310 Neononanolc acid, ethenyl

ester.

(a) Chemical substance and

significant new uses subject to reporting.

(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) of this

section. The requirements of this section

do not apply once the substance has

been incorporated into a polymer matrix

with the level of residual 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 of the substance greater

than 0.02 gg/min-cm2 after 8 hours of

testing in accordance with the most

current version of the American Society

for Testing and Materials (ASTM) F739

"Standard Test Method for Resistance of

Protective Clothing Materials to

Permeation by Liquids or Gases." For

conditions of exposure which are

intermittent, gloves may be tested in

accordance with the most current

version of ASTM F1383 "Standard Test

Method for Resistance of Protective

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 of dermal

contact, and the purge time used in

testing is less than or equal to the

expected duration of noncontact during

the intermittent cycle of dermal

exposure in the workplace. If ASTM

F1383 is used for testing, manufacturers,

importers, and processors must submit

to the Agency a description of worker

activities involving the 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 of ASTM

F1194 "Guide for Documenting the

Results. of Chemical Permeation Testing

of Protective Clothing Materials."

Manufacturers, importers, and

processors must.submit all test data to

the Agency and must receive written

Agency approval for each type of glove

tested prior to use of such gloves. The

following gloves 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 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, full body chemical

protective clothing is required for any

worker activity in which the substance

is reasonably likely to contact the

worker in the following state(s): Open

liquid pool or solid of greater than 5 kg;

liquid spray or splash; mist; aerosol

dust; or any worker activity which have

potential 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 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) 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 this paragraph: The health

effects of this 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 br below an 8-h time weighted

average (TWA) of I ppm, when there is

a likelihood of exposure in the 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 workplace
51706 Federal Register I Vol. 58, No. 190 / Monday, October 4, 1993 / Rules and Regulations

airborne concentrations are maintained

at or below an 8-h TWA of ppm.) (iii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(q). (iv) Release to water. Requirements as

specified in § 721.90(a)(4), (b)(4), and

(c)(4) (where N = 5 ppb). When

calculating the surface water

concentrations according to the

instructions in § 721.91(a)(4), the

statement that the amount of the

substance that will be released will be

calculated before the substance enters

control technology does not apply.

Instead, if the waste stream containing

the substance will be treated before

release, then the amount of the

substance reasonably likely to be

removed from the waste stream by such

treatment may be subtracted in

calculating the number of kilograms

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 not exceed the average of

the quotient applicable to the other

substances weighted by the proportion

of each substance present in the total

dail amount released.

tb Specific requirements. The

provisions of subpart A of this 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 of this substance.

Manufacturers, importers, and

processors of the 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) of this section.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

(3) Determining whether a specific use

is subject to this section. The provisions

of § 721.1725(b)(1) apply to this section.

11. By adding new §721.5385 to

subpart E to read as follows:

§721.5385 Octanoic acid, hydrazide.

(a) Chemical substance and

significant new uses subject to 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) of this

section.

(2) The significant new uses are: (i)

Protection in the workplace.

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) Hazard communication 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

consumer activities. Requirements as

specified in § 721.80(q).

(iv) Disposal. Requirements as

specified in § 721.85(a)(1) and (b)(1).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. Recordkeeping

requirements as specified in

§ 721,125(a) through (Q) are applicable to

manufacturers, importers, and

processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

(3) Determining whether a specific use

is subject to this section. 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) Chemical substance and

significant new uses subject to 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) of this section.

(2) The significant new uses are: i)

Protection in 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 shall be changed at

least every 8 hours.

(ii) Hazard communication 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 as required by this paragraph:

Use respiratory protection when there is

a reasonable likelihood of exposure in

the work area from dust, mist, smoke.

fumes, vapor, or gas.

(iii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(o).

(b) Specific requirements. The

provisions of subpart A of this 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 of this substance.

(2) Limitations or revocation of

certain notification requirements. 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) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance identified

generically as a polysubstituted

phenylazopolysubstitutedphenyl dye

(PMN P-93-658) is subject to reporting

under this section for the significant

new uses described in paragraph (a)(2)

of this section.

(2) The significant new uses are: (i)

Industrial, commercial and consumer

activities. Requirements as specified in

§ 721.80(w)(1), (w)(2), (x)(1), and (x)(2).

(ii) [Reserved]

(b) Specific requirements. The

provisions of subpart A of this 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 of this substance.

(2) Limitations or revocation of

certain notification requirements. 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) Chemical substance and

significant new uses subject to 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 in paragraph (a)(2) of this

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 = 10 ppb).

(b) Specific requirements. The

provisions of subpart A of this 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 of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

15. By adding new § 721.5990 to

subpart E to read as follows:

§721.5990 Halogenated phosphate ester.

(a) Chemical substance and

significant new uses subject to 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) of this section. The

requirements of this section do not

apply once the substance has been

incorporated into a polymer matrix with

the level of residual 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)(3), (a)(4), (a)(5)(iv),

(a)(5)(v), (a)(5) (vi), (a)(6)(i), (b)

(concentration set at 1.0 percent), and

(c).

(ii) Hazard communication program.

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

following additional statements shall

appear on each label and MSDS as

required by this paragraph: This

substance may cause neurotoxicity.

Wiii) Industrial, commercial, and

consumer activities. 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) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. Recordkeeping

requirements as specified in

§ 721.125(a) through (j) are applicable to

manufacturers, importers, and

processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

(3) Determining whether a specific use

is subject to this section. The provisions

of § 721.1725(b)(1) apply to this section.

16. By adding new § 721.6070 to

subpart E to read as follows:

§721.6070 Alkyi phosphonate ammonium

salts.

(a) Chemical substances and

significant new uses subject to 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) of this

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 = 400 ppb).

(b) Specific requirements. The

provisions of subpart A of this 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 of this substance.

(2) Limitations or revocation of

certain notification requirements. 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) Chemical substances and

significant new uses subject to 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) of this

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 of this 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 of this substance.

(2) Limitations or revocation of

certain notification requirements. 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 acid ester, substituted amine sal

(a) Chemical substance and

significant new uses subject to reporting.

(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) of this 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

consumer activities. Requirements as

specified in § 721.80(k).

(iii) Release to water. Requirements as

specified in § 721.90(a)(1).

(b) Specific requirements. The

provisions of subpart A of this 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 of this

substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section..

(3) Determining whether a specific use

is subject to this section. 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) Chemical substance and

significant new uses subject to 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) of this section. The

requirements of this section do not

apply once the substance has been

incorporated into a polymer matrix with

the level of residual 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 of the substance greater

than 0.02 gg/min.cm2 after 8 hours of

testing in accordance with the most

current version of the American Society

for Testing and Materials ASTM F739

"Standard Test Method for Resistance of

Protective Clothing Materials to

Permeation by Liquids or Gases." For

conditions of exposure which are
51708 Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Rules and Regulations

intermittent, gloves may be tested in

accordance with the most current

version of ASTM F1383 "Standard Test

Method for Resistance of Protective

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 of dermal

contact, and the purge time used in

testing is less than or equal to the

expected duration of noncontact during

the intermittent cycle of dermal

exposure in the workplace. If ASTM

F1383 is used for testing, manufacturers,

importers, and processors must submit

to the Agency a description of worker

activities involving the 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 of ASTM

Fl194 "Guide for Documenting the

Results of Chemical Permeation Testing

of Protective Clothing Materials."

Manufacturers, importers, and

processors must submit all test data to

the Agency and must receive written

Agency approval for each type of glove

tested prior to use of such gloves. The

following gloves have been tested in

accordance with the ASTM F739

method and found by 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 not be used for a time period longer

than they are actually tested and must

be replaced at the end of each work

shift. The following gloves have been

tested in accordance with the ASTM

1383 method and found by EPA to

satisfy the requirements for intermittent

use: North/B-161-R/Butyl rubber gloves,

0.04 cm thick, time period tested 2 min/

h. The gloves listed 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 unless 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 of greater

duration.), (a)(2)(ii) (With the exception

of laboratory activities, full body

chemical protective clothing is required

for any worker activity in which the

substance is reasonably likely to contact

the worker in the following state(s):

Open liquid pool or solid of greater than

5 kg; liquid spray or splash; mist;

aerosol dust; or any worker activity

which has 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 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). As an alternative

to the 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 approved by EPA

for this 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 set at 0.1 percent), (f),

(h)(1)(vi), The following additional

statements shall appear on each label

required by this paragraph: The health

effects of this 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) of I ppm, when there is

a likelihood of exposure in the work

area from dust, mist, smoke or vapor,

(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 or below an 8-h TWA of 1 ppm.

(iii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(q).

(iv) Release to 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, if the waste stream

containing the substance will be treated

before release, then the amount of the

substance reasonably likely to be

removed from the waste stream by such

treatment may be subtracted in

calculating the number of kilograms

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 of the quotient

applicable to the other substances

weighted by the proportion of each

substance present in the total daily

amount released.

(b) Specific requirements. The

provisions of subpart A of this 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 of this substance.

Manufacturers, importers, and

processors of the substance must

document that the 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) of this

section.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

(3) Determining whether a specific use

is subject to 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) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance identified as

2-propenoic acid, 2-[[{1-methylethoxy)

carbonyl]amino] ethyl ester (P-91-503)

is subject to reporting under this section

for the significant new uses described in

paragraph (a)(2) of this section.

(2) The significant new uses are: (i)

Protection in 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 shall be changed at

least every 8 hours.

(ii) Hazard communication program.

Requirements as specified in
Federal 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 there is a reasonable likelihood of exposure in

the work area from dust, mist, smoke,

fumes, vapor, or gas.

(iii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(o).

(b) Specific requirements. The

provisions of subpart A of this 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 of this substance.

(2) Limitations or revocation of

certain notification requirements. 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 with amine.

(a) Chemical substance and

significant new uses subject to reporting.

(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) of this 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 = 30 ppb).

(ii) [Reserved)

(b) Specific requirements. The

provisions of subpart A of this 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 of this substance.

(2) Limitations or revocation of

certain notification requirements. 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) Chemical substances and

significant new uses subject to 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) of this section.

(2) The significant new uses are: (i)

Industrial, commercial and consumer

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 of subpart A of this 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 of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

23. By adding new § 721.9925 to

subpart E to read as follows:

§721.9925 Aminoothylethylene urea

methacrylamide.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance identified

generically as an aminoethylethylene

urea methacrylamide (PMN P-89-1038)

is subject to reporting under this section

for the significant new uses described in

paragraph (a)(2) of this section.

(2) The significant new uses are: (i)

Industrial, commercial and consumer

activities. Requirements as specified in

§ 721.80(f).

(ii) [Reserved]

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. Recordkeeping

requirements as specified in

§ 721.125(a) and (i) are applicable to

manufacturers, importers, and

processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

[FR Dec. 93-24294 Filed 10-1-93; 8:45 am]

BILNG CODE 660-60-F

Monday ' October 4, 1993

m

=

-7- I

=

Part V

Department of

Education

34 CFR Part 668

Student Assistance General Provisions;

Proposed Rule

Li 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 of Education.

ACTION: Notice of proposed 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 of the

Higher Education Amendments of 1992

that pertain to student eligibility. The

purpose of the proposed regulations is

to reduce the potential for abuse in the

programs authorzedunder title IV of

the HEA (title IV, 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 with regard to the

eligibility of incarcerated students,

students studying abroad, and students

enrolled in telecommunications or

correspondence courses.

DATES: Comments must be received on

or before 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 of Policy Development, U.S.

Department of Education, (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 of Policy Development, U.S.

Department of Education, (Regional

Office Building 3, room 4318),

Washington, DC 20202-5444.

Telephone (202) 708-7888. Individuals

who use a telecommunications 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

Student Assistance General Provisions

regulations implement requirements

that apply to all institutions that

participate in the title IV, HEA student

financial assistance programs. For

purposes of this 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 the Higher

Education Amendments of 1992, Public

Law 102-325, enacted July 23, 1992.

Regulatory implementation of this

statute would result in the revision of

the Student Assistance General

Provisions (34 CFR part 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 to graduate from high school

and to pursue high quality

postsecondary education are important

elements of the National Education

Goals.

Negotiated Rulemaking

Part G, section 492 of the HEA

contains procedural requirements that

the Secretary is to follow in developing

proposed regulations for parts B, G, and

H of title IV of the 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 of proposed

regulations. Participants at these

meetings are to include individuals and

representatives of the groups involved

in student financial assistance

programs, such as students, legal

assistance organizations that represent

students, institutions of higher

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 of parts B, G, and H,

and is to take information received at

the meetings into account in the

development of proposed regulations.

Subsequent to these meetings, part G,

section 492(b) of title IV of the HEA

requires the Secretary to draft and

submit regulations implementing parts

B, G, and H to a negotiated rulemaking

process. Participants in the negotiations

process shall be chosen by the Secretary

from individuals nominated by groups.

participating in the regional meetings

and shall reflect the diversity of sizes of

organizations providing financial aid

services to both local areas and national

markets.

In accordance with these

requirements, the Secretary convened

four regional meetings to discuss issues

related to implementation of parts B, G,

and H. Meetings were held in New

York, New York; San Francisco,

California; Atlanta, Georgia; and Kansas

City, Missouri during the month of

September, 1992. Participants in the

meetings were invited to nominate

individuals to serve as participants in

the negotiated rulemaking sessions,

which were held in January 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 for the negotiated rulemaking

process.

Regional Meeting Comments

For purposes of these regulations

implementing the part G student

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 of study abroad.

With regard to selective service

registration and the proposed data

match with the Selective Service

System, regional meeting participants

were asked how they would resolve

nonconfirmed data matches (data

matches that did not confirm that the

applicant had registered with Selective

Service). The majority of participants

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 of the regions advised

the Secretary that a student should not

be considered "incarcerated" for

purposes of title IV, HEA loan eligibility

if he or she is physically able to 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 of restriction or limitation on one's

freedom." Regional participants reached

consensus that institutions should

cancel disbursements and deny

eligibility for loan assistance from the

date of incarceration, but incarceration

should not affect loan disbursements

made prior to 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 on the

student financial aid application, and

that no pseudo social security numbers

should be accepted. Consensus was

reached that if the 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

of title IV, HEA assistance can be made

as long as acceptable documentation is

on file at the institution.

Regional participants offered a

number of methods by which the

Secretary could determine the number

of telecommunications courses offered

at an institution, including certifications

to the Secretary and collection of this

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 of current

courses in eligible programs.

The regions were opposed to any requirement for a contractual agreement

between the home and foreign * institution as a condition of eligibility

for a student studying abroad. They were-equally opposed to the Secretary

prescribing any additional conditions

for approval of foreign courses that are

not required as part of the student's

degree program other than the

requirement that the courses should be

approved for credit by the home

institution. The participants supported

complete institutional discretion in

approving study-abroad programs for

credit and saw no need for additional

regulations for monitoring satisfactory

progress. Consensus was also reached

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 student in

an eligible program.

Regulatory Changes

The Secretary submitted for

discussion at the negotiated rulemaking

sessions the issues described above, and

*with the exception of the social security

issue, consensus was reached on the

language of the draft regulations.

A summary of the significant changes

proposed by these regulations follows:

Section 668.2 General Definitions

One definition is proposed to be

added to this section of the regulations.

The term "output document" would be

defined as "the Student Aid Report

(SAR), Electronic Student Aid Report

(ESAR), other document or automated

data generated by the Department of

Education's central processing system or

Multiple Data Entry processing system

as the result of the processing of data

provided in a Free Application for

Federal Student Aid (FAFSA)." This

addition, and the corresponding

deletion of a definition of "output

document" in § 668.131, will ensure

consistent use of the term throughout

part 668.

Section 668.7 Eligible Student

Selective Service Registration Status

New section 484(o) of the HEA

requires the Secretary to conduct data

base matches, using common

demographic data elements, with the

Selective Service System for the

purpose of enforcing the Selective

Service registration provisions of

section 1113 of Public Law 97-252.

Section 484(o) also provides that

appropriate confirmation of a student's

registration, accomplished through an

application output document or other

means, shall fulfill the requirement that

the student file a separate statement of

registration comnpliance. In the absence

of confirmation, the institution may use

data or documents that support either

the student's registration or the absence

of a registration requirement for the

student to fulfill the requirement to file

a separate statement of compliance. The

Secretary is required to prescribe in the

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 of a

Statement of Registration Status. If the

Statement of Registration Status is

waived as provided for in § 668.33(b),

the student would be required to

prdvide clear and unambiguous

evidence of compliance 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.) If the student provides

a Statement of Registration Status

claiming to be registered with Selective

Service, and that claim is not confirmed

by the data match, the student would be

required to present evidence to resolve

these conflicting sources of information

prior to receiving title IV, HEA

assistance, as required by § 668.33(g).

The institution must allow a student a

minimum of 30 days to collect and

submit documentation to the institution

in support of his claim to have

registered with Selective Service or to

be exempt from registration, in

accordance with section 2 of the

Computer Matching and Privacy

Protection Act of 1988.

Incarcerated Students

In a separate notice of proposed

rulemaking, the Secretary expects to

propose to define an "incarcerated

student" as a student who " * * is

serving a criminal sentence in a Federal,

State, or local penitentiary, prison, jail,

reformatory, work farm, or other similar

correctional institution. A student is not

considered incarcerated if that student

is in a 'half-way house' or 'home

detention', or is sentenced to serve only

weekends."

New section 484(b)(5) of the 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 for this restriction

on incarcerated students.

The Secretary notes that incarceration

after the beginning of an award year or

period of enrollment should not be

construed as making the otherwise

eligible student ineligible for the entire

award year or period of enrollment.

Consequently, an otherwise eligible

student would not be liable for the

immediate return of loan funds

delivered or disbursed prior to that

student's incarceration. Similarly, if an

otherwise eligible student is

incarcerated during a portion of an

award year or period of enrollment, he

or she would be eligible to receive only

those title IV, HEA funds that are

* applicable to that portion of the award

year that he or she was not incarcerated.

I I I i

51713
Federal Register./ Vol. 58, No. 190 / Monday, October 4, 1993 / Proposed Rules

Social Security Number

Section 484(a)(4) of the HEA has been

revised to require a student, as a

condition of eligibility for title IV, HEA

assistance, to provide a social security

number. This section had previously

provided for use of a student

identification number for students who

.have no social security number. Because

the amended section no longer provides

for any alternatives to submission of a

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 to require submission of

a social security number as a condition

of title IV, HEA eligibilit

Section 484(q) of the & has been

added to require the Secretary, in

cooperation with the Commissioner of

the Social Security Administration, to

verify any social security number

provided by a student as required by

section 484(a)(4) of the 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 or terminate the student's title IV,

HEA eligibility until the student

provides a correct 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 of the loan.

The guaranty must not be 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 a result of

fraud on the part of the 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, as required by section

484(q) of the HEA, would be based on the results of the 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 of that

student's social security number would

fulfill the requirement of § 668.7(a)(16),

and the institution would be prohibited

from requiring the student to provide

any additional evidence to confirm that

the social security number was accurate.

If the accuracy of the student's social

security nufnber is not confirmed using

the data match, the Secretary would

notify the student using the output

document that the social security

number the student provided to the

institution was incorrect or that the data

match was out of service at the 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 of at

least 30 days from the date the

institution receives the output

document, to provide clear and

convincing evidence of the 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

student to produce evidence of an

accurate social security number solely

because the data match is out of service

at the time the student's application is

processed. However, the data match

system is being designed to minimize

e potential for interruptions in data

match operations. Moreover, the

Secretary will continue to work with the

Social Security Administration toward a

goal of resolving this issue at the

Federal agency level, which would

eliminate the need for a student to

produce evidence of an accurate social

security number because the data match

is out of service.

Upon receipt of clear and convincing

evidence of a 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 of the 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 of title IV, 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 that

student. The institution would not be

held liable for this initial disbursement

if the Secretary makes a subsequent

determination that the student's social

security number is incorrect.

If the Secretary determines that a

student's social security number is

incorrect, and the student fails to submit

clear and convincing evidence that his

or her social security number is correct

within the deadline established by the

institution, the institution may not

disburse to the student, or certify the

student as eligible for, any title IV, HEA

program funds for that period of

enrollment or award year, employ the

student under the Federal Work-Study

Program, or certify a Federal Stafford,

Federal PLUS, Federal Direct Student

Loan, or Federal SLS loan application

for the student for that period of

enrollment.

If the 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 student provides 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 to the 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 to the accuracy of the more

recently submitted number. Upon

making a preliminary determination

that the more recently submitted social

security number is correct, the

institution would be allowed to make

one disbursement of any combination of

title IV, HEA program funds, employ the

student under the Federal Work-Study

Program, or certify a Federal 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 more recently submitted socjl

security number is incorrect.

If the Secretary determines that the

social security number provided to an

eligible institution by a student is

incorrect, and a loan has been

guaranteed for the student, the

institution shall notify and instruct the

lender and guaranty agency' making and

guaranteeing the loan, respectively, to

cease further disbursements of the 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. 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.

The Secretary shall not take any

compliance, disallowance, penalty or

other regulatory action against an

institution with respect to any error in

a social security number unless the error

was the result of fraud on the part of the

institution, the institution's failure to

comply with the requirements of this

section, or the institution's decision to

make a disbursement for which it is

liable in aceerdance with the

requirements of this section. The

Secretary shall not 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

of fraud on the part of the student.

With regard to institutional liability,

the Secretary initially took the position

at the negotiated rulemaking sessions

that section 484(q)(2) of the HEA

requires the Secretary to verify with the

Social Security Administration that the

social security number of an applicant

for title 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

incorrect if the otherwise eligible

student produced clear and convincing

evidence to the institution of a correct

social security number. The Secretary

agreed that an initial disbursement

could be made without liability if the

student produced clear and convincing

evidence that the social security number

originally submitted to the Secretary

was correct. However, an institution

that disburses title IV, HEA assistance to

an applicant who does not contest the

initial finding of an incorrect social

security number on his or her

application but who subsequently

provides to the institution a social

securitynumber that differs from the

number provided on the application

could be held liable if the 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 students in these

circumstances until verification of the

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) of the HEA until

it is submitted for verification and

confirmed as correct using the data

match with the Social Security

Administration. Consequently, if an 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 for title 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(]) of the HEA makes

a student ineligible to receive title IV.,

HEA assistance for a correspondence

course unless the course is part of a 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.

Prior to 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 as provided by the Secretary

in § 668.8. These standards have not

been revised by the new provisions of

the HEA.

Section 484(m) of the HEA 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 or exceeds 50 percent

of all courses offered at that institution.

(Institutions that meet the definition in

section 521(4)(C) of the 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 of vocational

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) of the HEA distinguishes

between correspondence and

telecommunications courses, the current

statutory framework, and consequently

these proposed regulations, treat

students enrolled in correspondence

and telecommunications courses the

same for purposes of determining

student eligibility. (The one factor

determining eligibility is whether the

course is part of a program leading to an

associate, bachelor's or graduate degree,

and this provision is appropriately

inserted at S 668.7(a)(14)).

However, the distinction between

telecommunications and

correspondence courses can be

important in determining a student's

cost of attendance for purposes of

calculating financial need. According to

section 472 of the HEA, the cost of

attendance of a student enrolled in a

correspondence course is limited to

tuition and fees and, if required, books

and supplies, travel, and room and

board costs incurred specifically in

fulfilling a required period of residential

training. The cost of attendance of a

student enrolled in telecommunications

courses may be reduced under the

discretionary authority of section 479A

of the HEA if the 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 of telecommunications and

correspondence courses delivered by

the institution. A course that otherwise

meets the definition of a

telecommunications course will be

considered a correspondence course if

the total number of telecommunications

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 of all courses delivered during

that award year. If an institution

delivers the same course in person, by

telecommunications, or by

correspondence, the Secretary would

consider each delivery of the course to

be a separate course for purposes of this

calculation.

Program of Study Abroad

Section 484(aX1) of the HEA

continues to provide that, to receive title

IV, HEA assistance, a student must be

enrolled or accepted for enrollment in a

degree, certificate, or other program

leading to a recognized educational

Ill I I II II II I IIII III III I

51715
Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Proposed Rules

credential at an institution of higher

education that is an eligible institution.

This section has been amended,

however, to provide that the program

includes a program of study abroad

approved for credit by the eligible

institution at which the student is

enrolled. If the program of study abroad

is approved for credit by the home

institution at which the student is

enrolled, section 484(p) of the HEA now

provides that an otherwise eligible

student is eligible to receive title IV,

HEA assistance without regard to

whether the study-abroad program is

required as part of the student's degree profram.- T Secretary. therefore, proposes to

add § 668.7(k) to the regulations to

implement these amendments to the

statute. The student studying abroad

will continue to be required to meet

eligible student requirements of this

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 not eligible will

continue to apply.

Section 668.131 Definitions

This section of the regulations is

proposed to be amended by deleting the

definition of "output document." This

deletion, and the corresponding

addition of a definition of "output

document" in § 668.2, will ensure

consistent use of the term throughout 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 not meet the

criteria for major regulations established

in the order.

Regulatory Flexibility Act Certification

The Secretary certifies that these

proposed regulations would not have a

significant economic impact on a

substantial number of small entities.

Small entities affected by these

regulations are small institutions of

higher education. However, the

regulations would not have a significant

economic impact on the small

institutions affected because the

regulations would not impose excessive

regulatory burdens or require

unnecessary Federal supervision. The

regulations would impose minimal

requirements to ensure the proper

expenditure of program funds.

Paperwork Reduction Act of 1980

These proposed regulations have been

examined under the Paperwork

Reduction Act of 1980 and have been

found to contain no information

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 for public 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 of each week except Federal

holidays.

To assist the Department in

complying with the specific

requirements of Executive 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 of Educational Impact

The Secretary particularly requests

comments on whether the proposed

regulations in this document would

require transmission of information that

.is being gathered by or is available from

any other agency or authority of the

United States.

List of Subjects in 34 CFR Part 668

Administrative practice and

procedure, Colleges and universities,

Consumer protection, Education, Grant

programs-education, Loan programseducation, Student aid.

Dated: September 29, 1993.

Richard W. Riley,

Secretary of Education.

(Catalog of Federal 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 of title 34 of the Code of Federal

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

order a new definition for ,'Output

document" to read as follows

$668.2 General definitions.

(b)

Output document: The Student Aid

Report (SAR}, Electronic Student Aid

Report (ESAR), other document or

automated data generated by the

Department of Education's central

processing system or Multiple Data

Entry processing system as the result of

the processing of data provided in a

Free Application for Federal Student

Aid (FAFSA).

3. Section 668.7 is amended by

revising paragraph (a)(8); removing the

word "and" at the end of paragraph

(a)(11)(vii); removing the period at the

end of paragraph (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 Eligible student

(a)* * *

(8) In accordance with the

requirements of S 668.32, has filed a

Statement of Educational Purpose;

(13) Has filed--(i) An output

document confirming registration with

Selective Service by providing the

results of a data match with the

Selective Service System; or

(ii) In the absence of confirmation as

provided in paragraph (a)(13)(i) of this

section and within a deadline to be set

by the institution of no 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 of the 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, if enrolled in a

telecommunications or correspondence

course, enrolled in a

telecommunications or correspondence

course that is part of an educational

program leading 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) of this section;

(I) Social security number. The

Secretary verifies a social 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

51716
Federal 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 title IV, HEA

programs because social security

number verification is pending;

(2) If the 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) If the institution receives an

output document from a student

indicating that the Secretary has

determined that the social security

number provided to the institution by

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 to the accuracy of the

student's social security number;

(ii) May make one disbursement of

any combination of title IV, 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) of this

section, a preliminary determination

that the social security number provided

by the student to the institution is

correct; and

(iv) Shall not be liable for an initial

disbursement of title IV, HEA assistance

to the student under paragraph (i)(3)(iii)

of this section, if the Secretary makes a

final determination that the student's

social security number is incorrect.

(4) If a student fails to submit the

documentation by the deadline.

established in accordance with

paragraph (i)(3) of this section, the

institution may not disburse to the

student, or certify the student as eligible

for, any title IV, HEA program funds for

that period of enrollment or award year;

employ the student under the Federal

Work-Study Program; or certify a

Federal Stafford, Federal PLUS, Federal

Direct Student Loan, or Federal SLS

loan application for the student for that

period of enrollment.

(5) If the institution receives an

output document from a student

indicating that the Secretary has

determined that the social security

number provided to the institution by

the student is incorrect, and the student

does not claim that the social security

number. 1w or she provided to the

Secretary is correct, the institution-

(I) Except as provided In paragraph

(i)(5)(iii) of this 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, if the 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 number to and obtaining a final

determination from the Secretary with

regard to the accuracy of the most

recently submitted social security

number;

(iii) May make one disbursement of

any combination of title IV, HEA

program funds, employ the student

under the Federal Work-Study Program,

or certify a Federal Stafford, Federal

PLUS, Federal Direct Student Loan or

Federal SLS loan application for the

student upon making a preliminary

determination that the student has

provided a correct social security

number; and

(iv) Shall be liable for any title IV,

HEA disbursement made to the student

under paragraph (i)(5)(iii) of this section

if the Secretary determines that the

student's social security number is

incorrect.

(6) If the Secretary determines that the

social security number provided to an

eligible institution by a student is

incorrect, and a loan has 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 of the 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) of this section, nothing in this

section shall permit the Secretary to

take any compliance, disallowance,

penalty or other regulatory action

against- (i) Any institution of higher education

with respect to any error in a social

security number, unless the error was

the result of fraud on the part of the

institution; or

(ii) Any student with respect to any

error in a social security number, unless

the error was a result of fraud on the

part of the student.

(j) Special provisions regarding

telecommunications and

correspondence courses. (1) A student

enrolled in an educational program at

an eligible institution (other than an

institution that meets the definition in

section 521(4)(C) of the Carl D. Perkins

Vocational and Applied Technology

Education Act) that is offered in ,whole

or in part through telecommunications

and leads to a recognized associate,

bachelor's, or graduate degree conferred

by the institution is not enrolled in

correspondence courses unless the total

amount of telecommunications and

correspondence courses at the

institution equals or exceeds 50 percent

of all courses delivered at that

institution.

(2) The percentage provided in

paragraph (j)(1) of this section is

calculated by comparing the total

number of correspondence and

telecommunications courses delivered

during the preceding award year with

the total number of all courses delivered

during that award year. If an institution

delivers the same course in person, by

telecommunications, or by

correspondence, the Secretary considers

each delivery of the course by the

institution to be a separate course for

purposes of this calculation.

(3) A student is subject to reduced

eligibility for title 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) Program of study abroad. (1) An

otherwise eligible student who is

engaged in a program of study abroad is

eligible to receive title IV, HEA

assistance if-

(I) The student maintains enrollment

in an eligible institution during his or

her program of study abroad; and

(ii) The eligible institution approves

the program of study abroad for

academic credit at the eligible

institution.

(2) The study abroad program need

not be required as part of the 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."

[FR Doc. 93-24300 Filed 10-1-93; 6:45 am]

MIUNO CODE 40"0-0-
Monday

October 4, 1993

,=_ .

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F---

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Part VU

The President

Proclamation 6600-National Breast

Cancer Awareness Month, 1993

Proclamation 6601-Fire Prevention Week

1993

51721

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 it takes 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 of developing 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

as regular 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 come
51722 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 of small 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 of Puerto Rico, the Mayor of the District of Columbia,

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-P
Federal 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 of America

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 of what to do when fires occur.

This year's Fire Prevention Week theme, "Get Out, Stay Out: Your Fire

Safe Response," drives home the importance of planning for fire emergencies

before they occur. The United States Fire Administration and -the National

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 of Arson Investigators, the International Association

of Black Professional Firefighters, the International Association of Fire 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

51723
51724 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 ' I
51726 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 of the Port Zone Boundaries

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is revising

the descriptions of its Captain of the

Port (COTP) zones. Most of the changes

are related to extending the boundaries

to the seaward limit of the Exclusive

Economic Zone (EEZ). Additionally,

changes are made to the onshore

boundaries of several COTP zones. The

purpose of establishing these

boundaries is to define the areas of

responsibility of the COTPs. The

changes update the regulations to reflect

current Coast Guard organization.

EFFECTIVE DATE: November 3, 1993.

ADDRESSES: Unless otherwise indicated,

documents referenced in this preamble

are available for inspection or copying

at the office of the 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 3 p.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 7 a.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 3 are the onshore and

nearshore geographical boundaries of

the 47 COTP zones established by the

Coast Guard. However, the current

boundaries do not extend to the seaward

limit of the EEZ. Because various

treaties, laws, and regulations

administered by the Coast Guard apply

out to the seaward limit of the EEZ, it

is necessary to define the boundaries of

the COTP zones to include the waters of

the EEZ. The regulations amend 33 CFR

part 2 to define the EEZ and 33 CFR part

3 to revise the boundaries of the COTP

zones. These boundaries are established

for Coast Guard organizational purposes

to define the area of responsibility of

each COTP.

The Coast Guard is proceeding

directly to a final rule under section

553(b)(3)(A) of the Administrative

Procedure Act (5 U.S.C. 551 et seq.),

which excludes rulemakings relating to

agency organization, procedure, or

practice from the requirements of public

notice and comment.

Regulatory Evaluation

This rule is not major under Executive

Order 12291 and not significant under

the "Department of Transportation

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

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this rulemaking

will have a significant economic impact

on a substantial number of small

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 of the 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) of the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.) that this rule will

not have a significant economic impact

on a substantial number of small

entities.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

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 of this rule and

concluded that, under section 2.B.2 of

Commandant Instruction M16475.IB,

this rule 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 in the docket

for inspection or copying where

indicated under ADDRESSES.

List of Subjects

33 CFR Part 2

Administrative practice and

procedure, Law enforcement.

33 CFR Part 3

Organization and functions

(Government agencies).

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR parts 2 and 3 as 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)

of the United States is a zone contiguous

to the territorial sea, including zones

contiguous to the territorial sea of the

United States, the Commonwealth of

Puerto Rico, the Commonwealth of the

Northern Mariana Islands (to the 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 200 nautical miles

from the baseline from which the

maritime boundary with a neighboring

State remains to be determined, the

boundary of the EEZ will be 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 of the paragraph to read as

follows:

J3.01-1 General description. * * * * *

(f)* *Each Captain of the 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 for the purpose of

enforcing or acting pursuant to a statute

effective in the EEZ.

5. In § 3.05-10, paragraph (b) is

revised to read as follows:

§3.05-10 Boston Marine inspection Zone

and Captain of the Port Zone.

(b) The boundary of the Boston

Marine Inspection Zone and Captain of

the Port Zone starts at the boundary of

the Massachusetts and New Hampshire

coasts at 42052.3' N. latitude, 70049.0 '

W. longitude and proceeds seaward on

a line bearing 900 T to the outermost

extent of the EEZ; thence southeast

along the outermost extent of the EEZ to

42008 N. latitude; thence west to 42008 '

N. latitude, 700

15'W. longitude; thence

southwest to the Massachusetts coast at

Manomet Point at 41055 , N. latitude

70 033'W. longitude; thence northwest

to 42004 , N. latitude, 71 0

06, W.

longitude; thence to the Massachusetts

and Rhode Island boundaries at 42001.5 ,

N. latitude, 71028.0'W. longitude;

thence west along the southern

boundary of Massachusetts, except the

waters of Congamond Lakes; thence

north along the Massachusetts-New

York boundary to the intersection of the

Massachusetts-New York-Vermont

boundaries; thence east along the

Massachusetts-Vermont boundary and

the Massachusetts-New Hampshire

boundary to the point of origin.

6. In 5 3.05-15, paragraph (b) Is

revised to read as follows:

§3.05-15 Portland, Maine, Marine

inspection Zone and Captain of the Port

Zone.

(b) The boundary of the Portland,

Maine. Marine Inspection Zone and

Captain of the Port Zone starts at the

boundary of the Massachusetts and New

Hampshire coasts at 42052.3' N. latitude,

70 049.0'W. longitude and proceeds

seaward on a line bearing. 0 T to the

outermost extent of the EEZ; thence

northerly and westerly along the

outermost extent of the'EEZ and the

Canadian border to the western

boundary of Essex County in Vermont,

thence south along the westernmost

Vermont county boundaries of Eskex,

Caledonia. Lamoille, Washington,

Orange, Windsor, and Bennington to the

intersection of the Vermont-New YorkMassachusetts boundaries; thence east

along the Vermont-Massachusetts and

New Hampshire-Massachusetts

boundaries to the point of origin.

7. In § 3.05-20, paragraph (b) is

revised to read ls follows: ; ......

§3.05-20 Providence Marine Inspection

Zone and Captain of the Port Zone.

(b) The boundary of the Providence

Marine Inspection Zone and Captain of

the Port Zone starts on the

Massachusetts coast at Manomet 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 of the EEZ; thence

southerly along the outermost extent of

the EEZ to a line bearing 1320 T from

Watch Hill Light, Rhode sland; thence

northwest along a line bearing 1320 T

from Watch Hill Light, Rhode Island, to

Watch Hill Light; thence northeast to

41021 N. latitude, 71 0

48.5, W. longitude

at Westerly, Rhode Island; thence north

to 41025 , N. latitude, 710

48, W.

longitude; thence north along the

Connecticut-Rhode Island boundary.

including the waters of Beach 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 to the 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 York Marine Inspection

Office is located in New York. New

York.

(b) The boundary of the 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 of the Port

Zone.

(a) The New York Captain of the Port

Office is located in New York, New

York.

(b) The boundary of the New York

Captain of the Port Zone starts on the

south shore of Long Island at 40035.4' N.

latitude, 73046.6, W. longitude and

proceeds southeasterly along a line

bearing 1350 T to 38028 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 of the New York-New

Jersey-Pennsylvania boundaries-at

Tristate; thence northwesterly along the

east bank of the 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 of the Orleans County line in

Vermont; thence following the eastern

and southern boundaries of Orleans,

Franklin, Chittenden, Addison, and

Ruthland Counties to the Vermont-New

York boundary; thence southerly along

the Now York boundary 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, 73 040 , W.

longitude; thence southwesterly to the

point of origin.

10. In § 3.05-35, paragraph (b) is

revised to read as follows:

§3.05-35 Long Island Sound Captain of

the Port Zone.

(b) The boundary of the Long Island

Sound Captain of the Port Zone starts at

40035.4' N. latitude, 73046.61 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 York boundary at

41001 ' N. latitude, 73040 W. longitude;

thence north along the western

boundary of Connecticut to the

Massachusetts-Connecticut boundary;

thence east along the southern boundary

of Massachusetts, including the waters

of the Congamond Lakes, to the Rhode

Island boundary; thence south along the

Connecticut-Rhode Island boundary,

excluding the waters of Beach Pond, to

41024 , N. latitude, 71048'W. longitude;

thence southerly to 41021* N. latitude,

71048.5, W. longitude at Westerly,

Rhode Island; thence southwesterly to

Watch Hill Light, Rhode Island. The

northern offshore boundary is a line

bearing 1320 T from Watch Hill Light to

the outermost extent of the EEZ. The

southern offshore boundary extends

along a line bearing 135' T from the

south shore of Long Island at 40035.4' N.

latitude, 73046.6' W. longitude to 38028

N. latitude, 71*0 0' W. longitude; thence

easterly to the outermost extent of the

EEZ; thencernortherly along the

outermost extent of the EEZ to the

intersection of the northern boundary.

11. In § 3.10-10, paragraph (b) is

revised to read as follows:
51728 Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Rules and Regulations

§3.10-10 St. Louis Marine Inepection ZonE

and Captain of the Port Zone.

(b) The St. Louis Marine Inspection

Zone and Captain of the Port Zone are

comprised of all of Wyoming 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 of a line drawn from the southeast

corner of Madison County eastward to

the point of intersection of the upper

Mississippi River (Mile 55.3) and Union

and Alexander Counties (in Illinois);

Iowa; that part of Minnesota south of

46020 , N. latitude; that part of

Wisconsin south of 46020' N. latitude

and west of g00 W. longitude; that part

of Illinois 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 of 900 W. longitude and

north of 410 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 Port Zone.

(b) The boundary of the Philadelphia

Marine Inspection zone and Captain of

the Port Zone starts at the New Jersey

coast at 39057 N. latitude, thence

proceeds westward to 39057 N. latitude,

74027'W. longitude; thence northnorthwesterly to the intersection of the

New York-New Jersey-Pennsylvania

boundaries at Tristate; thence north

following the course of and including

the waters of the Delaware River until

It meets the New York boundary; thence

west along the New York-Pennsylvania

boundary to 78°55' W. longitude; thence

.south to 41000 , N. latitude; thence west

to 79000? W. longitude; thence south to

the Pennsylvania-Maryland boundary;

thence east.to the intersection of the

Maryland-Delaware boundary; thence

south and east along the MarylandDelaware boundary to the sea, Including

Fenwick Island ight, butnot including

that portion of Delaware containing the

reaches of the Nanticoke River and the

Chesapeake. and Delaware Canal. The

offshore boundary of the Philadelphia Captain of thePort:Zone starts at

Fenwick, Island Light and proceeds 'east

along 38028* N. latitude, to 7100! W.

longitude; thence northwesterly aloing a

line bearing 1220 T 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 Zone and Captain of the Port

Zone.

(b) The boundary of the Hampton

Roads Marine Inspection Zone and

Captain of the Port Zone starts at the

intersection of the 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

a point 37056.5 N. latitude, 76010.5 , 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 a point 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 of Kerr Lake in North Carolina

back to the Virginia-North Carolina

boundary; thence eastward along the

Virginia-North Carolina boundary to the

west bank of the Chowan River; thence

southerly along the west bank of the

Chowan River to a point 36000 N.

latitude, 76041, W. longitude; thence

generally southerly and easterly along

the western boundaries of Washington,

and Hyde Counties to a point 35 0

37'N.

latitude, 76032 , W. longitude; thence

easterly to 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 and proceeds and 37055 N.

latitude to the outermost extent of the

EEZ; thence southerly along the

outermost extent of the 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 to read as follows:

§2.25-15 Baltimore Marine Inspection Zone and Captain of the Port Zone.

(b) The boundary of the Baltimore

Marine Inspection Zone and Captain of

the Port Zone starts at the intersection

of the 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 of the 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 a point 39006' N.

latitude, 78030' W. longitude; thence to

a point 38019.5 N. latutude, 77025.21 W.

longitude thence to a point 37055 , N.

latitude, 76028.2'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 a point 37057.2 N. latitude, 760

03'W.

longitude on Chesapeake Bay; thence

along the Maryland-Virginia boundary

to the sea. The offshore boundry starts

at the intersection of the 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 of the EEZ; thence

westerly along 37055 N. latitude to the

coast.

15. In § 3.25-20, paragraph (b) is

revised to read as follows:

§3.2 5-20 Wilmington Marine Inspection Zone and Captain of the Port Zone.

(b) The boundary of the 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 of Hyde and

Washington Counties to a point 36000'

N. latitude, 76041' W. longitude; thence

northerly along the west bank of the

Chowan River to the North CarolinaVirginia boundary; thence westerly

along the North Carolina-Virginia

boundary to Kerr (Buggs Island) Lake;

thence along the shore of Kerr Lake in

North Carolina to the North CarolinaVirginia boundary; thence westerly

along the North Carolina-Virginia

boundary to the Tennessee boundary;

thence southwesterly along the North

Carolina-Tennessee boundary to the

Georgia boundary; thence easterly along

the North Carolina-Georgia boundary to
Federal 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 of the Wilmington

Captain of the Port Zone starts at the

coast at 34059.8 , N. latitude; thence

proceeds easterly to the outermost

extent to the EEZ; thence southerly

along the outermost extent of the EEZ to

a line bearing 1220 T from the

intersection of the South Carolina-North

Carolina boundary and the sea to the

outermost extent of the EEZ; thence

westerly along a line bearing 1220 T to

the coast.

16. In S 3.35-10, paragraph (b) is

revised to read as follows:

§3.35-10 Miami Marine Inspection Zone

and Captain of the Port Zone.

(b) The boundary of the Miami Marine

Inspection Zone and Captain of the Port

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, 81 030'W. longitude; thence

southwesterly to the southern tip of

Cape Romano, Florida. The offshore

area of the Miami Captain of the Port

Zone includes that portion of the

western North Atlantic Ocean area

bounded on the north by 28000 , N.

latitude from the coast to the outermost

extent of the EEZ and bounded on the

east and south by the outermost extent

of the EEZ; and that portion of the

eastern Gulf of Mexico and the Florida

Bay bounded on the north by a line

bearing 2270 T from the southern tip of

Cape Romano to the outermost extent of

the EEZ and bounded on the west and

south by the outermost extent of the

EEZ.

17. In § 3.35-15, paragraph (b) is

revised to read as follows:

§3.35-15 Charleston Marine Inspection Zone and Captain of the Port Zone.

(C) The boundary of the Charleston

Marine Inspection Zone and Captain of

the Port Zone starts at the sea at the

intersection of the North Carolina-South

Carolina boundary; thence proceeds

westerly along the North Carolina-South

Carolina boundary to the intersection of

the North Carolina-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 of the Savannah

River to 32030 N. latitude; thence

easterly to the eastern bank of the Edisto

River at 32041 ' N. latitude; thence

sdutheily along the eastern bank of the

Edisto River to the southern tip of Bay

Point. Edisto Island, South Carolina.

The offshore boundary starts at a line

bearing 1220 T from the intersection of

the South Carolina-North Carolina

boundary and the sea to the outermost

extent of the EEZ; thence southerly

along the outermost extent of the EEZ to

30°50' N. latitude; thence east along

30050' N. latitude to a line bearing 1220

T from the southern tip of Bay Point,

Edisto Island, South Carolina; thence

easterly along a line bearing 1220 T to

the coast.

18. In § 3.35-20, paragraph (b) is

revised to read as follows:

§3.35-20 Jacksonville Marine Inspection Zone and Captain of the Port Zone.

(b) The boundary of the Jacksonville

Marine Inspection Zone and Captain of

the Port Zone starts at the Georgia coast

at 30050' N. latitude; thence proceeds

west to 30050 ' N. latitude, 82015 ' W.

longitude; thence south to the

intersection of the Florida-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 east to the

sea at 28000 , N. latitude. The offshore

boundary starts at the coast at 30050, N.

latitude; thence proceeds easterly to the

outermost extent of the EEZ; thence

southerly along the outermost extent of

the EEZ 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 as follows:

§3.35-25 San Juan Marine Inspection Zone and Captain of the Port Zone.

(b) The San Juan Marine Inspection

Zone and Captain of the Port Zone are

comprised of both the Commonwealth

of Puerto Rico and the Territory of the

Virgin Islands and the adjacent waters

to the outermost extent of the EEZ.

20. In § 3.35-30, paragraph (b) is

revised to read as follows:

§3.35-30 Savannah Marine Inspection Zone and Captain of the Pert Zone.

(b) The boundary of the Savannah

Marine Inspection Zone and Captain of

the Port Zone starts at the southern tip

of Bay Point, Edisto Island, South

Carolina; thence proceeds northerly

along the eastern bank of the Edisto

River to 32041 N. latitude; thence:

westerly to the eastern bank of the

Savannah River at 32030 ' N. latitude;

thence northerly along the eastern bank

of the Savannah River to the

6ntersection of the South CarolinaGeorgia boundary with the Federal dam

at the southern end of Hartwell

Reservoir. thence northerly along the

South Carolina-Georgia boundary to the

intersection of the 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 of the

Georgia-Tennessee-Alabama boundaries;

thence southerly along the GeorgiaAlabama boundary to 32053' N. latitude;

thence southeasterly to the eastern bank

of the Flint River at 32020' N. latitude;

thence southerly along the eastern bank

of the Flint River and continuing

southerly along the southeastern shore

of Jim Woodruff Reservoir to 84045 , W.

longitude; thence southerly to the

intersection of the 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

to the 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 of the Port Zone.

(b) The boundary of the Tampa

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, 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, 81 030'W. longitude;

thence southwesterly to the southern tip

of Cape Romano, Florida; thence

southwesterly along a line bearing 2270

T to the outermost extent of the EEZ;

thence westerly along the outermost

extent of the EEZ to the intersection

with a line bearing 1990 T from the

intersection of the Florida coast at

83050f W. longitude; thence easterly

along a line bearing 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 of the Port Zone.
51730 Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Rules andiRegulations

(b) The boundary of the 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, 84 045'W. longitude; thence

north to the southern shore of the Jim

Woodruff Reservoir at 84045 , W.

longitude; thence northeasterly along

the eastern shore of Jim Woodruff

Reservoir and northerly along the

eastern bank of the Flint River to 32020'

N. latitude, 84002'W. longitude; thence

northwesterly to the intersection of the

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 of Tishomingo

County, Mississippi; thence westerly

and southerly along the southern

boundaries of Tishomingo and Prentiss

Counties, Mississippi, including that

area of the Tennessee-Tombigby

Waterway south of the Bay Springs Lock

and Dam; thence southerly and westerly

along the eastern and southern

boundaries of Lee, Chickasaw, and

Calhoun Counties, Mississippi; thence

southerly along the western boundaries

of Webster, Choctaw, Winston, Neshoba,

Newton, Jasper, Jones, Forrest and Stone

Counties, Mississippi; thence easterly

along the northern boundary of Harrison

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 of the EEZ; thence easterly along

the outermost extent of the EEZ to the

intersection with a line bearing 1990 T

from the intersection of the Florida

coast at 83050' W. longitude; thence

northeasterly along a line bearing 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 of the Port Zone.

(b) The boundary of the New Orleans

Marine Inspection Zone and Captain of

the Port Zone starts at 28050' N. latitude,

88o0 0W. longitude; thence proceeds

north to 29010, N. latitude, 88 0

00 , W.

latitude; thence northwesterly to the

Mississippi coast at 89010 , N. latitude;

thence north to the northern Harrison

County Boundary; thence westerly along

the northern Harrison County boundary;

thence northerly along the western

boundaries of Stone, 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 Parish boundary; thence easterly

along the northern and eastern

boundaries of DeSoto, Sabine, Vernon,

and Allen Parishes; thence east along

the northern boundaries of Acadia.

Lafayette, St. Martin, Iberia,

Assumption, and Lafourche Parishes to

29°18' N. latitude, 90000'W. longitude;

thence southeast to 28050' N. latitude,

890 27'06" W. longitude; thence east to

88 000 , W. longitude.

24. In § 3.40-17, paragraph (b) is

revised to read as follows:

§3.40-17 Morgan City Marine Inspection Zone and Captain of the Port Zone.

(b) The boundary of the Morgan City

Marine Inspection Zone and the Captain

of the Port Zone starts at 28050' N.

latitude, 88 000 , 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 of Lafourche, Assumption,

Iberia, and St. Martin Parishes; thence

northwesterly along the northern

boundary of Lafayette and Acadia

Parishes to 92 0

23'W. longitude; thence

south along 92023 ' W. longitude to the

outermost extent of the 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 Port Zone.

(b) The boundary of the Port Arthur

Marine Inspection Zone and the Captain

of the Port Zone starts at the intersection

of the sea and 920 23 , W. longitude;

thence proceeds north along 92023 , W.

longitude to the northern boundary of

Acadia Parish, thence westerly along the

northern boundary of Acadia Parish;

thence northwesterly along the

northeastern boundaries of Allen,

Vernon, Sabine, and De Soto Parishes;

thence westerly along the northern

boundary of De 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

of Dallas County, Texas; thence easterly

along the southern boundary of Dallas

County, Texas, to the east bank of the

Trinity River; thence southeasterly

along the east bank of the Trinity Rivbr;

thence southeasterly along the east

shore of Lake Livingston; thence

southerly along the east bank of the

Trinity River to 30°00 N. latitude,

93 055'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, 940 20'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 of the EEZ; thence east along the outermost extent of the 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) The boundary of the Galveston

Marine Inspection Zone and Captain of

the Port Zone starts at the intersection

of the sea and 940 23' 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 of the

Colorado River at 29018 ' N. latitude,

96007 ' W. longitude; thence southerly

along the east bank of the Colorado

River to the sea; thence along a line

bearing 1400 T to the outermost extent

of the EEZ; thence easterly along the

outermost extent of the EEZ to 93°251 W.

longitude; thence north to 27049 N.

latitude, 93025 ' W. longitude; thence

northwesterly to 29030 N. latitude,

930

48 , W. longitude; thence westward

following a line 10.3 nautical miles from

the coast to 29024 N. latitude, 940 20'

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 of the Port

Zone.

(b) The boundary of the Corpus

Christi Marine Inspection Zone and

Captain of the Port Zone starts at the

junction of the 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 of the

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 of the EEZ

that are south and west of a line bearing

1400 T from the junction of the sea and

the east bank of the Colorado River to

the outermost extent of the EEZ.

28. In § 3.55-10, paragraph (b) is

revised to read as follows:

§3.55-10 Los Angeles-Long Beach Marine

Inspection Zone and Captain of the Port

Zone.

(b) The Los Angeles-Long Beach

Marine Inspection Zone and Captain of

the Port Zone comprise the landmasses

and waters of California south of

Monterey, Kings, Tulare, and Inyo

Counties except San Diego and Imperial

Counties. The offshore boundary" starts

at a line bearing 2400 T from the

intersection of the Monterey-San Luis

Obispo County line (approximately : 35047.5 ' N. latitude) and the California

coast to the outermost extent of the EEZ;

thence proceeds southerly along the

outermost extent of the EEZ to a line

bearing 2550 T from the intersection of

the Orange-San Diego County lines

(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

revised to read as follows:

§3.55-15 San Diego Marine Inspection Zone and Captain of the Port Zone.

(b) The San Diego Marine Inspection

Zone and Captain of the Port Zone

comprise the land masses and waters of

Arizona; in Utah, Washington, Kane,

San Juan, and Garfield Counties; in

Nevada, Clark County; and in California,

San Diego and Imperial Counties. It

includes all ocean waters and islands

contained therein of the EEZ south of a

line bearing 2550 T from the intersection

of the Orange-San Diego County line

(approximately 33022.5' N. latitude) and

the California coast to the outermost

extent of the EEZ; thence north along

the Mexican border and east along the

outermost extent of the EEZ.

30. Section 3.55-20 is revised to read

as follows:

§ 3.55-20 San Francisco Bay Marine

Inspection Zone and Captain of the Port

Zone.

(a) The San Francisco Bay Marine

Inspection Zone and Captain of the Port

Office are located in Alameda,

California.

.(b) The San Francisco Bay Marine

Inspection Zone and Captain of the Port

Zone comprise the land masses and

waters of Wyoming within the

boundaries of Sweetwater County; Utah,

except for Washington, Kane, San Juan,

and Garfield Counties; Nevada, except

for Clark County; and California, north

of San-Luis Obispo, Kern, and San

Bernardino Counties. It also includes all

ocean waters and islands contained

therein of the EEZ bounded on the north

by the northern boundary of the

Eleventh Coast Guard-District which is

described in § 3.55-1; and on the south

by a line bearing 2400 T from the

intersection of the Monterey-San Luis

Obispo County lines (approximately

35047.5 N. latitude) and the California

coast to the outermost extent of the EEZ;

and on the west by the outermost extent

of the EEZ.

31. In § 3.65-10, paragraph (b) is

revised to read as follows:

.§3.65-10 Puget Sound Marine Inspection Zone and Captain of the Port Zone.

(b) The boundary of the 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 to the Montana-North Dakota

boundary; thence southerly along this

boundary to the Wyoming State line;

thence westerly and southerly along the

Montana-Wyoming boundary to the

Idaho State line; thence northwesterly

along the Montana-Idaho boundary to

46055 , N. latitude; thence westerly along

46055'N. latitude to 123018'W.

longitude; thence northerly to a point

47032 ' N. latitude, 123018, W. longitude;

thence westerly along 47032 , N. latitude

to the outermost extent of the EEZ

thence northeasterly along the

outermost extent of the 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 of the Portland,

Oregon, Marine Inspecton Zone and

Captain of the Port Zone starts at the

Washington coast at 47032 ' N. latitude

and proceeds 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 to the intersection of the

Idaho-Wyoming boundary; thence

southerly along the Idaho-Wyoming

boundary to the intersection of the

Idaho-Utah-Wyoming boundaries

thence westerly along the 42000 ' N

latitude to the sea. The offshore

boundary starts at the coast at 42000' N.

latitude; thence proceeds westerly from

the coast to the outermost extent of the

EEZ; thence northerly along the

outermost extent of the 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 and paragraph (d) is

added to read as follows:

§3.70-10 Honolulu Marine Inspection Zone and Captain of the Port Zone.

(b) The boundaries of the Honolulu

Marine Inspection Zone coincide with

the boundaries of the Fourteenth Coast

Guard District, excluding pbrtions

surrounding the territory of Guam, the

Commonwealth of the Northern Mariana

Islands, and the Trust Territory of the

Pacific Islands covered in § 3.70-15(b).

(c) The Honolulu Captain of the Port

Zone comprises:

(1) The State of Hawaii, including all

the islands and atolls of the Hawaiian

Chain and the adjacent waters of the

EEZ.

(2) American Samoa and the adjacent

waters of the EEZ.

(3) Johnston Atoll and the adjacent

waters of the EEZ.

(4) Palmyra Atoll and Kingman Reef

and the adjacent waters of the EEZ.

(5) Wake Island and the adjacent

waters of the EEZ.

(6) Jarvis Island and the adjacent

waters of the EEZ.

(7) Howland and Baker Islands and

the adjacent waters of the EEZ.

(d) In American Samoa, required

notifications to the Officer in Charge,

Marine Inspection and the Captain of

the Port, Honolulu, may be 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

as follows:

§3.70-15 Guam Marine Inspection Zone

and Captain of the Port Zone.

(a) The Guam Marine Inspection

Office and Captain of the Port Office are

located in Piti, Guam.

(b) The Guam Marine Inspection Zone

and Captain of the Port Zone comprise:

(1) The Territory of Guam and the

adjacent waters of the EEZ.
51732 Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Rules and Regulations

(2) The Commonwealth of the

Northern Mariana Islands and the

adjacent waters of the EEZ.

(3) The Trust Territory of the Pacific

Islands and the adjacent waters of the

territorial sea and the Palau Marine

Fishery Conservation Zone.

(c) In Commonwealth of the Northern

Mariana Islands, required notifications

to the Officer in Charge, Marine

Inspection and the Captain of the Port,

Guam, may be made to: Supervisor,

United States Coast Guard, Marine

Safety Detachment, Emergency

Operations Center, Capitol Hill, Saipan,

Commonwealth of the 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 of the 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 of the

EEZ; thence northerly along the outer

boundary of the EEZ to 142 0

00'W

longitude; thence due north to the point

of origin.

36. In § 3.85-15, paragraph (b) is

revised to read as follows:

§3.85-15 Western Alaska Marine

Inspection Zone and Captain of the Port

Zone.

(b) The Western Alaska Marine

Inspection Zone and Captain of the Port

Zone comprise that portion of the State

of Alaska and the adjacent waters to the

outermost extent of the 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 William Sound Marine

Inspection Zone and Captain of the Port

Zone.

*t t *t /* *

(b) The Prince William Sound Marine

Inspection Zone and Captain of the 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 of the EEZ; thence along the

outermost boundary of the 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 Marine Safety, Security and

Environmental Protection.

[FR Doc. 93-24206 Filed 10-1-93; 8:45 am)

BILLNG CODE 4O-14--U
.=

* =

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=

Monday

October 4, 1993

Part VIII

The President

Executive Order 12866-Regulatory

Planning and Review

51735

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. Statement of Regulatory Philosophy and Pinciples. (a) The Regulatory Philosophy. 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 of the American people. In deciding whether

and how to regulate, agencies should assess all costs and benefits of available

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 Principles of Regulation. 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 of private markets or public institutions that warrant new agency action) as well as assess the significance

of that 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. i9t-'-' 5 Noe 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 made by 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 its jurisdiction.

.(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 a reasoned determination

that the benefits of the 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 of Management and Budget. 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 of expertise 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 of the 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

of Economic 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 of the 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 of OMB.

(d) "Regulation" or "rule" means an agency statement of general 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 of 5 U.S.C. 556, 557;

(2) Regulations or rules, that pertain to a military or foreign affairs

function of the 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

of OIRA.

(e) "Regulatory action" means any substantive action by an agency (normally published in the Federal Register) that promulgates or is expected

51737
51738 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 of proposed

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 of agencies to seek a common understanding

of priorities and to coordinate regulatory efforts to be -accomplished in

the upcoming year.

(bi Unified Regulatory Agenda. 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 of OIRA. 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.

(€) The RegulatoryPlan. 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). (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

of the anticipated costs and benefits;

(C) A summary of the legal basis for each such action, including whether

any aspect of the 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 of the 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 or judicial 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 dateof this 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 regula51739
51740 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 of regulations that impose significant or unique burdens

on those governmental entities and that appear to have outlived their justification or be 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. Centralized Review of Regulations. 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 of OIRA:

(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 a regulatory 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 regulatory
Federal Register / Vol. 58, No. 190 / Monday, October 4, 1993 / Presidential Documents

actions within the meaning of this 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 of this 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) of this 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 of the 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, of benefits anticipated from the regulatory action (such as, but not limited to, the promotion

of the efficient functioning of the 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 of those benefits;

(ii) An assessment, including the underlying analysis, of costs 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 of the 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) of this 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);

51741
51742 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 of OIRA.

(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 of proposed 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 of the 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 of OIRA 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 of the 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) of this 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 of Conflicts. 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 of these 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 of this 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 t ..

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 -under section 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 of regulatory 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 'as authorized by law.

Sec. 10. Judidial Review. 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 of the 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, -its officers or employees, or any 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

of rule 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 Weekly Compilation of Presidential Documents. '
Monday

October 4, 1993 =

l, = m

=

EW

==

II

if

=,-

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, Controls

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 of export 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 of any rules, regulations, orders, licenses, and other forms of administrative 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-P

Federal 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 of the 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 of November 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 , i Ml. 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. E a 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 of the 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 of Personnel 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 of Health 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 of Health and Human Services);

(i) President's Export Council; Executive Order No. 12131, as amended

(Department of Commerce); 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 of General 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 of Executive 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-P
Federal 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 of the following:

(a) Department of Commerce;

(b) Department of State;

(c) Department of the Treasury;

(d) Department of Agriculture:

(e) Department of Energy;

(0) Department of Transportation;

(g) Department of Defense;

(h) Department of Labor;

(i) Department of the 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 of the United States;

(q) Office of the United States Trade Representative

(r) Council of Economic; Advisers;

(s) Office of Management 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

of the 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 of U.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 of resources 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. Strategic Plan. 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 of such activities;

(c) identify areas of overlap and duplication among Federal export promotion activities and propose means of eliminating 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 of overlap and duplication identified under paragraph (c) of this section;

and

(e) review efforts by the States to promote U.S. exports and propose

means of developing cooperation between State and Federal efforts, including

co-location, cost-sharing between Federal and State export promotion programs, and sharing of market 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

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202-623-5227

523-5215

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51%2..-1 e7

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 of each 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 (Continued by

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 (Revoked by

EO 12866) ................... 51735

12675 (Revoked by

EO 12869) .................... 51751

12687 (Revoked by

EO 12869) .................... 51751

12696 (Revoked by

EO 12869) ........ 51751

12700 (See EO

12869) ......................... 51751

12720 (Revoked by

EO 12869) ........ 51751

12730 (See EOs

12867,12868) ............. 51747,

51749

12735 (See EOs

12867,12868)............. 51747,

51749

12774 (Superseded by

EO 12869) .................... 51751

12792 (Revoked by

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 ..............................

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

51 . ... ....... ... ........... 512251 ; .646 ................................... 51518 Proposed Rute:

29 CFR Proposed Rules: 67 ..................................... 51598

SProposeed S R Rulesl: , ... " .: 668 , . ................................... 51712 46 CFR

• .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 :.Pro Ruls: ul olmd : !:. ,. " s8 ........ ... ....... ................ ......... ............ 51591, ..... 51593 165 47 CFR

103 ................................. 51269 1 ....................................... 51246

42 CFR 15 ..................................... 51247 . . CFR.51..8 . .. 7332 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 ......................... ......... 5 128873 ......................... ....... 51603 2.. ,6........... 4451288 I.....512 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 ......................... 51514 64'.. .......... ,.............. 51676 175 ...... ;................... .;......51524 5152....... 

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

"CFR CHECKUST

This ohecklst, prepared by the Office of the Federal Regis

publshed weekly. It Is arranged In the order of CFR titles,

nunbers, prices, and revision dates.

An astefik *) precedes each entry that has been Issued

week and which Is now available for sale at the Govemmi

Office.

A chodst of current CFR volumes comprising a complet

also appears in the latest Issue of the LSA (Ust of CFR 54

Affecled), whilc Is revised monthly.

The annual rate for subscription to all revised volumes Is

domestic, $193.75 additional for foreign 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 Comaplat ion

and Pat 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) ......

9 CFR 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 22 PaWU:

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,

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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 ........ (869-01 7-0111-2) ...... 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 (2 Resved) ................... 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, Pats 6-19 ........................................... 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 2 July 1, 1984 500-1199 ...................... (869-017-00166-0) ...... 30.00 2

2 July 1, 1984 1200-End ......... (869-017-00167-8) ...... 20.00

2July July 1, 1984 U o. 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.July 1, 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-time mailing );. 188.00 1991

Complete set (one-time lin ................... 188.00 1992

Su*sci6pion (mailed as issued) ....................... 223.00 1993

Inaividuol copies ........................................... 2.00 1993

I bamm ie 3 s an amual cwr , t volume and al prevlos volumes

shbki Oe retained as a pewmoent reference source. MThe Jy I; 195' edilon of 32 CFR Parts 1-189 condns *a noe only foi

Ports 1-39 iclusIve. For No U text of Ne Defense Acqisitlon Regulatom

in Parts 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 M y,

1, 1989 f, m 30. 199 The CFR vokom Issued Muy 1, 19"9, should be red.

'No aw xohmnts -lo ftvo were promulgatod durkg the period Jdy

1, 1991 to Jo 30, 1993. The CR volum ebse 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 reta nd.