Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35135

FAP 8B4562 (62 FR 60095, November 6,

1997). No new information or comments

have been received that would affect the

agency’s previous determination that

there is no significant impact on the

human environment and that an

environmental impact statement is not

required.

Any person who will be adversely

affected by this regulation may at any

time on or before July 29, 1998, file with

the Dockets Management Branch

(address above) written objections

thereto. Each objection shall be

separately numbered, and each

numbered objection shall specify with

particularity the provisions of the

regulation to which objection is made

and the grounds for the objection. Each

numbered objection on which a hearing

is requested shall specifically so state.

Failure to request a hearing for any

particular objection shall constitute a

waiver of the right to a hearing on that

objection. Each numbered objection for

which a hearing is requested shall

include a detailed description and

analysis of the specific factual

information intended to be presented in

support of the objection in the event

that a hearing is held. Failure to include

such a description and analysis for any

particular objection shall constitute a

waiver of the right to a hearing on the

objection. Three copies of all documents

shall be submitted and shall be

identified with the docket number

found in brackets in the heading of this

document. Any objections received in

response to the regulation may be seen

in the Dockets Management Branch

between 9 a.m. and 4 p.m., Monday

through Friday.

This final rule contains no collections

of information. Therefore, clearance by

the Office of Management and Budget

under the Paperwork Reduction Act of

1995 is not required.

References

The following references have been

placed on display in the Dockets

Management Branch (address above)

and may be seen by interested persons

between 9 a.m and 4 p.m., Monday

through Friday.

1. Soffritti, M., C. Maltoni, F. Maffei,

and R. Biaggi, ‘‘Formaldehyde: An

Experimental Multipotential

Carcinogen,’’ Toxicology and Industrial

Health, vol. 5, No. 5: 699–730, 1989.

2. Til, H. P., R. A. Woutersen, V. J.

Feron, V. H. M. Hollanders, H. E. Falke,

and J. J. Clary, ‘‘Two-Year Drinking

Water Study of Formaldehyde in Rats,’’

Food Chemical Toxicology, vol. 27, No.

2, pp. 77–87, 1989.

3. Memorandum of Conference

concerning ‘‘Formaldehyde;’’ Meeting of

the Cancer Assessment Committee,

FDA, April 24, 1991, and March 4, 1993.

List of Subjects in 21 CFR Part 178

Food additives, Food packaging.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs, 21 CFR part 178 is

amended as follows:

PART 178—INDIRECT FOOD

ADDITIVES: ADJUVANTS,

PRODUCTION AIDS, AND SANITIZERS

1. The authority citation for 21 CFR

part 178 continues to read as follows:

Authority: 21 U.S.C. 321, 342, 348, 379e.

2. Section 178.2010 is amended in the

table in paragraph (b) by alphabetically

adding a new entry under the headings

‘‘Substances’’ and ‘‘Limitations’’ to read

as follows:

§ 178.2010 Antioxidants and/or stabilizers

for polymers.

* * * * *

(b) * * *

Substances Limitations

* * * * * * *

1,6–Hexanediamine, N, N′-bis(2,2,6,6-tetramethyl-4-piperidinyl)-, polymers with morpholine-2,4,6-trichloro-1,3,5-triazine reaction products, methylated (CAS Reg. No. 193098–

40–7).

For use only as a stabilizer at levels not to exceed

0.3 percent by weight of olefin polymers complying

with § 177.1520(c) of this chapter. The finished

polymers are to contact food only under conditions

of use C, D, E, F, and G, as described in Table 2

of § 176.170(c) of this chapter. Provided that the

finished food-contact articles have a volume of at

least 18.9 liters (5 gallons).

* * * * * * *

Dated: June 19, 1998.

William K. Hubbard,

Associate Commissioner for Policy

Coordination.

[FR Doc. 98–17144 Filed 6–26–98; 8:45 am]

BILLING CODE 4160–01–P

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

24 CFR Chapter V

[Docket No. FR–4254–N–03]

HUD Disaster Recovery Initiative

AGENCY: Office of Community Planning

and Development, HUD.

ACTION: Notice of disaster recovery

funds availability and waivers;

clarification.

SUMMARY: The 1997 Emergency

Supplemental Appropriations Act for

Recovery from Natural Disasters

required publication of a Notice

governing use of such funds in

conjunction with any program

administered by the Federal Emergency

Management Agency (FEMA) for

buyouts of structures in disaster areas.

HUD published a Notice on September

8, 1997 (62 FR 47344) that described the

policies and procedures applicable to

the HUD Disaster Recovery Initiative.

This Notice clarifies the timing of the

reports HUD expects to receive on the

use of HUD Disaster Recovery Initiative

grant funds. This Notice also clarifies

the citizen participation certifications

and notifies grantees of a statutory

restriction on waivers related to funds

used as the non-Federal cost-share for

U.S. Army Corps of Engineers projects.

EFFECTIVE DATE: June 29, 1998.

FOR FURTHER INFORMATION CONTACT:

Jan C. Opper, Senior Program Officer,

Office of Block Grant Assistance,

Department of Housing and Urban

Development, Room 7286, 451 Seventh

Street, SW, Washington, DC 20410;

telephone number (202) 708–3587.

Persons with hearing or speech

impairments may access this number

via TTY by calling the Federal

Information Relay Service at (800) 877–

8339. FAX inquiries may be sent to Mr.

Opper at (202) 401–2044. (Except for the
35136 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

‘‘800’’ number, these telephone numbers

are not toll-free.)

SUPPLEMENTARY INFORMATION: On

September 8, 1997 (62 FR 47344), HUD

published a Notice describing the

policies and procedures applicable to

the HUD Disaster Recovery Initiative, in

accordance with the requirements of the

1997 Emergency Supplemental

Appropriations Act for Recovery from

Natural Disasters, and for Overseas

Peacekeeping Efforts, Including those in

Bosnia (Pub. L. 105–18; approved June

12, 1997). HUD’s Disaster Recovery

Initiative helps communities that are

affected by disasters and that receive

Presidential declarations. When other

agencies cannot assist, HUD steps in

with funding for recovery activities—

providing the glue that holds together

the sometimes disconnected pieces of

disaster recovery. HUD is issuing this Notice to clarify

the provisions of the September 8, 1997

Notice regarding the timing of the

submission to HUD of necessary reports.

The items included in this Notice

replace the indicated portions in the

September 8, 1997 Notice and add

additional information. All other

paragraphs of the September 8, 1997

Notice are unaffected. This Notice

simplifies the requirement for an annual

report and clarifies requirements for the

statutorily required quarterly reports.

HUD is retaining the annual financial

reconciliation and benefit elements of

the annual report, but is shifting them

from a separate annual report into every

fourth quarterly report. To the extent

possible, HUD will automate the

quarterly reports and the annual

reconciliation and benefit calculation.

This Notice also clarifies the citizen

participation requirements, eliminating

an unintended source of confusion in

the September 8, 1997 Notice, which

required a grantee to certify it was

following the citizen participation plan

required at part 91, although it also

stated slightly different requirements.

This portion of the Notice may have

resulted in a conflict or confusion for

some grantees (especially those that

included procedures in their citizen

participation plan in case of a Federally

declared disaster). This Notice changes

the requirement from certifying to the

part 91 citizen participation plan, to

certifying to the plan required at section

I.E.7.b. of the Notice.

This Notice also notifies grantees of a

statutory restriction on waivers related

to funds used as the non-Federal costshare for U.S. Army Corps of Engineers

projects. Accordingly, FR Doc. 97–23752, the

HUD Disaster Recovery Initiative Notice

of disaster recovery funds availability

and waivers, published in the Federal

Register on September 8, 1997 (62 FR

47344), is amended as follows:

1. On page 47345, in column 3, in

section I.E. entitled ‘‘Submission

Requirements’’, paragraph 3.e. is revised

to read as follows:

I. Empowering Communities for

Recovery

* * * * *

E. Submission Requirements

* * * * *

3. The city or county grantee must

describe monitoring standards and

procedures pursuant to § 91.230 and

include certifications pursuant to:

* * * * *

e. Section I.E.7.b. of this Notice

(Citizen participation);

* * * * *

2. On page 47346, in column 1, in

section I.E. entitled ‘‘Submission

Requirements’’, paragraph 6.f. is revised

to read as follows:

I. Empowering Communities for

Recovery

* * * * *

E. Submission Requirements

* * * * *

6. The State grantee must describe

monitoring standards and procedures

pursuant to § 91.330 and include

certifications pursuant to:

* * * * *

f. Section I.E.7.b. of this Notice

(Citizen participation);

* * * * *

3. On page 47348, in column 3, in

section I.H. entitled ‘‘Ineligible

Activities’’, a new paragraph 3. is added

at the end (after section I.H.2.c.), to read

as follows:

I. Empowering Communities for

Recovery

* * * * *

H. Ineligible Activities

* * * * *

3. The Departments of Veterans

Affairs and Housing and Urban

Development, and Independent

Agencies Appropriations Act, 1998

(Pub. L. 105–65, approved October 27,

1997; 111 Stat. 1344, 1358) prohibits

HUD from granting a waiver for the use

of more than $100,000 in HUD Disaster

Recovery funds for the non-Federal costshare of a U.S. Army Corps of Engineers

project, except for a levee project at

Devils Lake, North Dakota. Thus, for

funds in excess of $100,000, the proviso

prohibits HUD from granting a waiver

for relief from various program

requirements, if the funds used for that

activity will also be used to meet the

non-federal cost-share for a Corps

project. In contrast, the use of HUD

Disaster Recovery funds for payment of

the non-Federal cost-share required by a

Federal grant-in-aid program has long

been authorized by section 105(a)(9) of

the Housing and Community

Development Act of 1974, and therefore

no waiver is required just to make

matching eligible. This prohibition

applies only to HUD Disaster Recovery

funding in the foregoing appropriation

law and such funding in prior

appropriation laws.

* * * * *

4. On page 47351, in columns 2 and

3, section II.A. entitled ‘‘Program

Administrative, Recordkeeping and

Reporting Requirements’’ is revised to

read as follows:

II. Ensuring the Public Trust

A. Program Administrative

Recordkeeping and Reporting

Requirements

The program administrative

requirements at §§ 570.489–570.492 for

States and at §§ 570.500–570.513 for

cities and counties, which are not

otherwise waived, shall apply, except

that, with respect to reporting:

1. States must submit a Performance

Evaluation Report (PER) pursuant to 24

CFR 91.520, separately for the HUD

Disaster Recovery Initiative, similar in

all other respects to that which is

required for the CDBG program

regulated at 24 CFR part 570. HUD will

compile this PER for the HUD Disaster

Recovery Initiative from the quarterly

reports submitted under paragraph 3

below, except that, with the final

quarterly report submitted prior to grant

closeout, States must also include with

the PER a special narrative that

discusses how the States assured that

activities met the requirements of this

Notice with respect to the buyout of

structures in a disaster area.

2. Cities and counties must submit a

Performance Report for the HUD

Disaster Recovery Initiative in

accordance with 24 CFR 91.520. This

Performance Report will be compiled by

HUD from the quarterly reports

submitted under paragraph 3 below.

The final quarterly report submitted

prior to grant closeout also must include

a special narrative that discusses how

the city or county assured that activities

met the requirements of this Notice with

respect to the buyout of structures in a

disaster area.

3. Congress has required that

quarterly reports be submitted on all

disbursements and use of funds for or

associated with buyouts. HUD must also

receive reporting information for

program management purposes.
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35137

Therefore, each grantee must submit a

quarterly report, as HUD prescribes, no

later than 30 days following each

calendar quarter, beginning after the

first full calendar quarter after grant

award and continuing until all funds

have been expended and that

expenditure reported. Each quarterly

report will include information on the

project name, activity, location, national

objective, funds budgeted and

expended, non-HUD Disaster Recovery

Initiative Federal source and funds,

numbers of properties and housing

units, and numbers of low- and

moderate-income households. Annually

(i.e., with every fourth submission), the

report shall include a financial

reconciliation of funds budgeted and

expended, and calculation of the overall

percent of benefit to low- and moderateincome persons (unless waived). HUD is

seeking approval from OMB for any new

information collection requirements in

accordance with the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501–

3520).

* * * * *

Dated: June 19, 1998.

Saul Ramirez,

Assistant Secretary for Community Planning

and Development.

[FR Doc. 98–17273 Filed 6–26–98; 8:45 am]

BILLING CODE 4210–29–M

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration, Labor

29 CFR Parts 1915 and 1926

RIN 1218–AB25

Occupational Exposure to Asbestos

AGENCY: Occupational Safety and Health

Administration, Labor.

ACTION: Final rule.

SUMMARY: This document revises the

Construction and Shipyard standards

regulating occupational exposure to

asbestos to conform the standards to the

Court of Appeals decision in Asbestos

Information Association/North America

v. Reich, 117 F. 3d 891 (5th Cir. July 24,

1997). The Court vacated the

construction and shipyard standards

insofar as they regulate asbestoscontaining roof cements, mastics and

coatings. The court’s decision did not

affect the general industry asbestos

standard, and that standard is not being

changed.

DATES: Effective on July 24, 1997.

FOR FURTHER INFORMATION CONTACT: John

Martonik, Acting Director, Directorate of

Safety Standards Programs, Room N–

3605, U.S. Department of Labor, 200

Constitution Avenue, N.W.,

Washington, D.C. 20210; Telephone

(202) 219–8061.

SUPPLEMENTARY INFORMATION:

Background

On August 10, 1994, the Occupational

Safety and Health Administration

published final standards (59 FR 40964,

29 CFR 1910.1001, 1915.1001, and

1926.1101), regarding occupational

asbestos exposure. On June 29, 1995,

OSHA issued amendments (60 FR

33974, 29 CFR 1915.1001 and

1926.1101) to correct and clarify various

provisions of the construction and

shipyard employment standards.

The Asbestos Information

Association/North American (AIA/NA)

petitioned for review of the construction

and maritime standards’ requirements

for work practices, training, and hazard

communication for asphalt roof

cements, coatings and mastics which

contain asbestos. In Asbestos

Information Association/North America

v. Reich, 117 F. 3d 891 (5th Cir. July 24,

1997), the court vacated the standards

insofar as they regulate these materials.

Need for Correction

OSHA is amending sections

1915.1001 and 1926.1101 to conform

the regulations to the court’s decision.

OSHA is adding a statement to

paragraph (a) in both standards to state

that the standard does not apply to

asbestos-containing asphalt roof

cements, coatings and mastics. In

paragraph (g)(12) in the maritime

standard and in paragraph (g)(11) of the

construction standard covering

alternative work practices, OSHA is

deleting references to roofing cements,

mastics and coatings. Section 1910.1001

remains unchanged.

OSHA is required to make these

corrections to conform the standard to

the court’s decision. Because OSHA has

no discretion in the matter, notice and

opportunity for public comment are not

necessary.

List of Subjects

29 CFR Part 1915

Asbestos, Hazardous substances,

Longshore and harbor workers,

Occupational safety and health, Vessels.

29 CFR Part 1926

Asbestos, Construction industry,

Hazardous substances, Occupational

safety and health.

Signed at Washington, D.C., this 22nd day

of June, 1998.

Charles N. Jeffress,

Assistant Secretary of Labor for Occupational

Safety and Health.

Accordingly, 29 CFR Parts 1915 and

1926 are corrected by making the

following correcting amendments:

PART 1915—OCCUPATIONAL SAFETY

AND HEALTH STANDARDS FOR

SHIPYARD EMPLOYMENT

1. The authority citation for 29 CFR

part 1915 is revised to read as follows:

Authority: Sec. 41, Longshore and Harbor

Workers’ Compensation Act (33 U.S.C. 941);

secs. 4, 6, 8, Occupational Safety and Health

Act of 1970 (29 U.S.C. 653, 655, 657);

Secretary of Labor’s Order No. 12–71 (36 FR

8754), 8–76 (41 FR 25059), 9–83 (48 FR

35736), 1–90 (55 FR 9033), or 6–96 (62 FR

111), as applicable; 29 CFR part 1911.

Section 1915.100 also issued under

Section 29, Hazardous Materials

Transportation Uniform Safety Act of

1990 (49 U.S.C. 1801–1819) and 5

U.S.C. 553.

Subpart Z—Toxic and Hazardous

Substances

2. In § 1915.1001, add paragraph (a)(8)

and revise paragraph (g)(12)

introductory text to read as follows:

§ 1915.1001 Asbestos.

(a) Scope and application. * * *

* * * * *

(8) This section does not apply to

asbestos-containing asphalt roof

cements, coatings and mastics.

* * * * *

(g) Methods of compliance * * *

* * * * *

(12) Alternative methods of

compliance for installation, removal,

repair, and maintenance of certain

roofing and pipeline coating materials.

Notwithstanding any other provision of

this section, an employer who complies

with all provisions of this paragraph

(g)(12) when installing, removing,

repairing, or maintaining intact pipeline

asphaltic wrap, or roof flashings which

contain asbestos fibers encapsulated or

coated by bituminous or resinous

compounds shall be deemed to be in

compliance with this section. If an

employer does not comply with all

provisions of this paragraph (g)(12) or if

during the course of the job the material

does not remain intact, the provisions of

paragraph (g)(8) of this section apply

instead of this paragraph (g)(12).

* * * * *