Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Proposed Rules 18307

The agenda planned for the meetings

includes: (1) The development of

regulatory language by workgroups; (2)

discussion and approval of the draft

regulatory language by the full

Committee; and (3) other agenda items

which may be agreed upon by the

Committee.

The meetings will be open to the

public without advance registration.

Public attendance may be limited to the

space available. Members of the public

may make statements during the

meeting, to the extent time permits, and

file written statements with the

Committee for its consideration. Written

statements should be submitted to the

address listed in the FOR FURTHER

INFORMATION section of this notice.

Summaries of Committee meetings will

be available for public inspection and

copying at the address in the same

section.

The location and dates of any future

meetings will be published in the

Federal Register. HUD will make every

effort to publish such notice at least 15

calendar days prior to each meeting.

Dated: April 10, 1997.

Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

[FR Doc. 97–9791 Filed 4–14–97; 8:45 am]

BILLING CODE 4210–33–P

DEPARTMENT OF DEFENSE

Department of the Army

Corps of Engineers

36 CFR Part 327

Shoreline Use Permits, Flotation

AGENCY: U.S. Army Corps of Engineers,

DOD.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Corps proposes to amend

its regulation which contains guidelines

for granting shoreline use permits and

conditions under which shoreline use

permits can be used. We are proposing

this to accommodate special needs of

the public, and to incorporate changes

deemed necessary to make new

technologies available to the public

when meeting certain conditions of

their shoreline use permits.

DATES: Comments must be submitted on

or before May 30, 1997.

ADDRESSES: HQUSACE, CECW–ON,

Washington, D.C. 20314–1000.

FOR FURTHER INFORMATION CONTACT: Mr.

Darrell E. Lewis, (202) 761–0247,

HQUSACE, CECW–ON, Washington,

D.C. 20314–1000.

SUPPLEMENTARY INFORMATION: Pursuant

to its authorities in 16 U.S.C. 460d, the

Corps promulgated a regulation which

was published in the Federal Register

as a final rule on July 27, 1990. Since

that time a specific instance has led to

this amendment to Paragraph 9 of

Appendix A, Section 327.30 which

gives operational project managers

flexibility to take special circumstances

of the applicant into consideration

when issuing a permit. This language

reflects the Corps desire to

accommodate basic access for those

individuals who have requested waivers

due to either obvious limiting health

conditions or those documented by a

doctor’s certification.

Since the development and

subsequent publishing of flotation

material requirements for all docks and

boat mooring buoys required under the

shoreline management program in the

Federal Register on July 27, 1990, new

technologies and methods have resulted

in product changes and influenced

flotation material specifications

acceptable to the Corps. Paragraph 14,

Appendix C, of Section 327.30 in this

proposed rulemaking reflects the Corps

amended flotation requirements on all

new docks and boat mooring facilities.

Procedural Requirements

Executive Order (E.O.) 12866

The Secretary of the Army has

determined that this proposed revision

is not a ‘‘major’’ rule within the

meaning of Executive Order (E.O.)

12866. If approved, this revision will

not (1) have an annual effect on the

economy of $100 million or more; (2)

cause a major increase in costs or prices

for consumers, individual industries,

geographic regions, or Federal, State, or

local governmental agencies; or (3) have

significant adverse effects on

competition, employment, investment,

productivity, innovation, or on the

ability of a United States-based

enterprise to compete with foreignbased enterprise in domestic or export

markets.

Regulatory Flexibility Act

This proposed rule will not have a

significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.)

Collection of Information

This proposed rule contains no

collection of information under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Executive Order 12612

The Corps has analyzed this proposed

rule under principles and criteria in

E.O. 12612 and has determined that this

proposed rule does not have sufficient

federalism implications to warrant

preparation of a Federalism Assessment.

Executive Order 12630

The Corps has determined that this

proposed rule does not have

‘‘significant’’ taking implications. The

proposed rule does not pertain to taking

of private property interests, nor does it

impact private property.

NEPA Statement

The Corps has determined that this

proposed rule does not constitute a

major Federal action significantly

affecting the quality of the human

environment and that no detailed

statement is required pursuant to the

National Environmental Policy Act of

1969.

Unfunded Mandates Act of 1995

This proposed rule imposes no

unfunded mandates on any

governmental or private entity and is in

compliance with the provisions of the

Unfunded Mandates Act of 1995.

List of Subjects in 36 CFR Part 327

Lakeshore management, Public lands.

For the reasons set forth in the

preamble, we propose to amend 36 CFR

part 327. as follows:

PART 327—RULES AND

REGULATIONS GOVERNING PUBLIC

USE OF WATER RESOURCE

DEVELOPMENT PROJECTS

ADMINISTERED BY THE CHIEF OF

ENGINEERS

1. The authority citation for 36 CFR

part 327 continues to read as follows:

Authority: 16 U.S.C. 460d and 460l-6a.

§ 327.30 [Amended]

2. Appendix A to § 327.30 is amended

by revising paragraph 2.c. (9) to read as

follows:

Appendix A to § 327.30 Guidelines for

Granting Shoreline Use Permits

* * * * *

2. * * *

c. * * *

(9) The district commander or his/her

authorized representative may place

special conditions on the permit when

deemed necessary. Requests for waivers

of shoreline management plan permit

conditions based on health conditions

will be reviewed on a case by case basis

by the operations project manager.

Efforts will be made to reduce onerous
18308 Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Proposed Rules

requirements when a limiting health

condition is obvious or when an

applicant provides a doctor’s

certification of need for conditions

which are not obvious.

* * * * *

3. Appendix C to § 327.30 is amended

by revising paragraph 14. to read as

follows:

Appendix C to § 327.30 Shoreline Use

Permit Conditions

* * * * *

14. On all new docks and boat mooring

buoys, flotation shall be extruded

polystyrene, expanded polystyrene, or a

copolymer of polythylene and polystyrene

moldable foam all with 0.9 lbs./cu. ft.

minimum density. No-foam modular blocks

using interior air chambers for flotation with

a minimum wall thickness of .25′′ may also

be used. On all foam products, water

absorption shall be less than 3.0 lbs./cu. ft at

seven days when a 1/16 cu. ft. cube

(5′′×5′′×4.32′′) is imersed under 1⁄2′′ head of

water for seven days and dripped for five

seconds before weighing. All systems using

foam (except extruded polystyrene foam)

must encase the foam totally with concrete,

galvanized steel, aluminum, recycled plastic

lumber, polyethylene, fiberglass, or tough

flexible plastic. Reuse of plastic, metal, or

other previously used drums or containers

for encasement or flotation purpose is

prohibited. The encasement shall be

designed to resist puncture and penetration

by floating debris, boats, animals or other

sources. In addition, the protective coating

encasement shall be warranted by the

manufacturer for a period of at least eight

years against cracking, peeling, sloughing

and deterioration from ultra violet rays.

Extruded polystyrene foam products must be

warranted for a period of at least eight years

against cracking, peeling, sloughing and

determination from ulta violet rays. Extruded

polystyrene flotation shall be designed to

resist puncture and penetration by floating

debris, boats, animals or other sources.

Manufacturers of no-foam modular blocks

using interior air chambers for flotation must

warrant their products for a period of at least

eight years against cracking, peeling,

sloughing and deterioration from ultra violet

rays. Any flotation which is within 40 feet of

a line carrying fuel shall, in addition to the

requirements for protective coating

mentioned above, be 100% impervious to

water and fuel. Existing flotation is

authorized until it has severely deteriorated

and is no longer serviceable or capable of

supporting the structure, at which time it

shall be replaced with approved flotation.

For any floats installed after the effective date

of this specification, repair or replacement is

required when the foam becomes visible

through the encasement protective covering,

or the float no longer performs its designed

function.

* * * * *

Dated: April 8, 1997.

For the Commander.

Robert W. Burkhardt,

Colonel, Corps of Engineers, Executive

Director of Civil Works.

[FR Doc. 97–9643 Filed 4–14–97; 8:45 am]

BILLING CODE 3710–92–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 60

[FRL–5811–2]

RIN 2060–AH16

Revision of New Source Performance

Standards for the Phosphate Fertilizer

Industry: Granular Triple

Superphosphate Storage Facilities

AGENCY: Environmental Protection

Agency.

ACTION: Proposed rule.

SUMMARY: The Environmental Protection

Agency (Agency) proposes to clarify the

coverage of the new source performance

standards (NSPS) to limit their

applicability to those facilities which

store fresh granular triple

superphosphate (GTSP). As a result of

the proposed revisions, the NSPS would

include a work practice through which

manufacturers would hold fresh GTSP

in storage until it had cured prior to

shipment to their customers. The

proposed revisions would limit the

testing and recordkeeping requirements

of Subpart X to only those facilities

associated with the manufacture of

GTSP and, thereby, remove any

recordkeeping burden currently

imposed upon downstream distributors

and users of this product.

In the Final Rules section of this

Federal Register, the Agency is making

these revisions without prior proposal.

A detailed rationale for the action is set

forth in the direct final rule. If no

adverse comments are received in

response to that direct final rule, no

further activity is contemplated in

relation to this proposed rule. If the

Agency receives adverse comments, the

direct final rule will be withdrawn and

all public comments received will be

addressed in a subsequent final rule

based on this proposed rule. The

Agency will address those comments in

a subsequent final rule based on this

proposed rule. Any rules for which no

adverse or critical comment is received

will become final after the designated

period. The Agency will not institute a

second comment period on this

document. Any parties interested in

commenting on this document should

do so at this time.

DATES: Comments on this action must be

received by May 15, 1997.

ADDRESSES: Interested parties may

submit written comments (in duplicate

if possible) to Public Docket No. A–97–

4 at the following address: U.S.

Environmental Protection Agency, Air

and Radiation Docket and Information

Center (6102), 401 M Street, S.W.,

Washington, D.C. 20460. The Agency

requests that a separate copy also be

sent to the contact person listed below.

The docket is located at the above

address in Room M–1500, Waterside

Mall (ground floor), and may be

inspected from 8 a.m. to 4 p.m., Monday

through Friday. The docket is an

organized and complete file of all the

information submitted to or otherwise

considered by the Agency in the

development of this rulemaking.

FOR FURTHER INFORMATION CONTACT: For

information concerning specific aspects

of this action, contact Mr. David Painter

[telephone number (919) 541–5515],

Minerals and Inorganic Chemicals

Group, Emission Standards Division

(MD–13), U.S. Environmental Protection

Agency, Research Triangle Park, North

Carolina 27711.

SUPPLEMENTARY INFORMATION: For

additional information, see the direct

final rule published in the Final Rules

section of this Federal Register.

Dated: April 8, 1997.

Carol M. Browner,

Administrator.

[FR Doc. 97–9584 Filed 4–14–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 25

[DA 97–683]

Domestic and International Satellite

Consolidation

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule; roundtable

discussion.

SUMMARY: The International Bureau,

Satellite and Radiocommunication

Division announces that it will host a

roundtable discussion to solicit views

on rules and policies for entry of

foreign-licensed satellites in the U.S.

market, as proposed by the Commission

in the Domestic and International

Satellite Consolidation Order (DISCO

II). Comments offered in the roundtable

discussion will assist the Commission

in assessing the impact of the recent