27698 Federal Register / Vol. 60, No. 101 / Thursday, May 25, 1995 / Rules and Regulations

accreditation requirements to public

and commercial buildings.

Unit V.B. of the revised MAP

addresses the self-certification

requirements applicable to training

courses and providers:

As of October 4, 1994, an approved

training provider must certify to EPA and to

any State that has approved the provider for

TSCA accreditation, that each of the

provider’s training courses complies with the

requirements of this MAP . . . .

. . . . The timely receipt of a complete selfcertification by EPA and all approving States

shall have the effect of extending approval

under this MAP to the training courses

offered by the submitting provider. If a selfcertification is not received by the approving

government bodies on or before the due date,

the affected training course is not approved

under this MAP. Such training providers

must then reapply for approval of these

training courses pursuant to the procedures

outlined in Unit III. (40 CFR part 763,

Subpart E, Appendix C, V. B.).

EPA envisioned that under this

provision, a training provider’s selfcertification would be effective on the

date that EPA received the original

submission, or the date that the last of

the approving state programs received a

duplicate submission, whichever

occurred later. Some training providers,

however, believed that the effective date

of the self-certification for a course was

the date when EPA received the original

submission. These providers, after

upgrading their training courses to

comply with the MAP and submitting

self-certification to EPA, assumed that

they were approved for TSCA

accreditation and began offering training

courses, even though one or more

approving state programs may not have

received a duplicate self-certification at

the time that training began. Persons

who completed these training courses

may now be experiencing difficulty in

demonstrating their TSCA accreditation

for state licensure and employment

purposes.

In order to clarify the regulatory

language and the compliance status of

training providers and students under

the revised MAP, EPA is issuing this

clarification. It makes clear that the

MAP requires a training provider to

provide self-certification of its training

courses to both EPA and all approving

states on or before October, 4, 1994, but

recognizes the date of initial receipt of

the self-certification by EPA as the

effective date of the self-certification.

This clarification only affects providers

who upgraded their training courses in

accordance with the MAP standards and

submitted self-certification to EPA and

one or more states at different times, but

who completed all of the required

submissions on or before the October 4,

1994, deadline. Therefore, even if a

provider offered these upgraded training

courses for TSCA accreditation

purposes after EPA was in receipt of the

provider’s self-certification but before

all of the approving states had received

their duplicate notices, EPA considers

these courses to be fully approved

pursuant to the MAP Interim Final Rule.

Accordingly, any person who

successfully completed such a course on

or after the date that EPA received the

self-certification is fully accredited

under TSCA section 206.

As provided in the MAP, however, a

training provider that failed to complete

the self-certification process for a

particular course forfeited TSCA

approval of that training course on

October 5, 1994. Such providers became

ineligible to offer that course after

October 4, 1994, as an approved course,

and persons completing such a training

course after October 4, 1994, would not

be accredited pursuant to TSCA section

206. Consequently, after October 4,

1994, in order to offer a TSCAaccreditation training course that has

lost its approval, such training providers

must reapply for a new approval

through a state program that is in

compliance with the MAP.

To reflect this clarification, EPA will

adjust the self-certification effective

dates for the affected training courses in

the next regularly scheduled edition of

its ‘‘National Directory of AHERA

Accredited Courses (NDAAC).’’ Copies

of this publication are free of charge,

and may be obtained by calling EPA’s

NDAAC Clearinghouse at 1–800–462–

6706. As a result, a number of upgraded

training courses will have selfcertification effective dates that are

earlier than those published in previous

versions of the NDAAC. Because no selfcertification effective dates will be

changed to a later date as a result of this

action, no training providers or courses

will be adversely affected.

List of Subjects in 40 CFR Part 763

Environmental protection, Asbestos,

Hazardous substances, Incorporation by

reference, Occupational health and

safety, Recordkeeping, Schools.

Dated: May 17, 1995.

William H. Sanders III,

Director, Office of Pollution Prevention and

Toxics.

[FR Doc. 95–12895 Filed 5–24–95; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL MARITIME COMMISSION

46 CFR Part 501

The Federal Maritime Commission—

General

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

SUMMARY: The Federal Maritime

Commission is delegating to the Bureau

of Hearing Counsel the authority to

compromise issues relating to the

retention, suspension or revocation of

ocean freight forwarder licenses.

Concurrently, the authority of the

Director, Bureau of Tariffs, Certification

and Licensing, to determine corrective

action with respect to such licensees is

removed. Notice and public procedures

are not necessary prior to the issuance

of this rule because it deals solely with

matters of agency organization. Neither

is a delayed effective date required.

EFFECTIVE DATE: May 25, 1995.

FOR FURTHER INFORMATION CONTACT:

Vern W. Hill, Acting Director, Bureau of

Hearing Counsel, Federal Maritime

Commission, 800 North Capital Street,

NW., Washington, DC 20573–0001,

(202) 523–5783.

List of Subjects in 46 CFR Part 501

Administrative practice and

procedure, Authority delegations

(Government agencies), Organization

and functions (Government agencies),

Seals and insignia.

Accordingly, chapter IV of title 46 of

the Code of Federal Regulations is

amended as follows:

PART 501—THE FEDERAL MARITIME

COMMISSION—GENERAL

1. The authority citation for Part 501

continues to read as follows:

Authority: 5 U.S.C. 551–557, 701–706,

2903 and 6304; 31 U.S.C. 3721; 41 U.S.C. 414

and 418; 44 U.S.C. 501–520 and 3501–3520;

46 U.S.C. app. 801–848, 876, 1111, and

1701–1720; Reorganization Plan No. 7 of

1961, 26 FR 7315, August 12, 1961; Pub. L.

89–56, 79 Stat. 195; 5 CFR Part 2638.

Subpart C—Delegation and

Redelegation of Authorities

§ 501.27 [Amended]

2. Section 501.27(o) is removed.

3. Section 501.28 is revised to read as

follows:

§ 501.28 Delegation to the Director, Bureau

of Hearing Counsel.

The authority to compromise civil

penalty claims has been delegated to the

Director, Bureau of Hearing Counsel, by

§ 502.604(g) of this chapter. This

delegation shall include the authority to
Federal Register / Vol. 60, No. 101 / Thursday, May 25, 1995 / Rules and Regulations 27699

compromise issues relating to the

retention, suspension or revocation of

ocean freight forwarder licenses. See

also §§ 501.5(i) and 501.21.

By the Commission.

Joseph C. Polking,

Secretary.

[FR Doc. 95–12777 Filed 5–24–95; 8:45 am]

BILLING CODE 6730–01–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 13

[PR Docket No. 94–58; FCC 95–162]

Temporary Conditional Operating

Authority for Commercial Radio

Operator License Applicants

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This action amends the rules

for commercial radio operators to

authorize persons who have passed the

required examinations and applied for

commercial radio operator licenses to

perform the functions of a commercial

radio operator on a temporary and

conditional basis while awaiting their

licenses. This amendment was

necessary because the rules currently

require that after passing the

examinations necessary to qualify for

certain of these licenses, and submitting

an application to the Commission, an

applicant must wait for the Commission

to process the application. The intended

effect of the final rule is to permit

people who have passed the necessary

examinations to commence work

immediately after they receive their

Proof-of-Passing Certificates.

EFFECTIVE DATE: July 1, 1995.

FOR FURTHER INFORMATION CONTACT:

William T. Cross, Federal

Communications Commission, Wireless

Telecommunications Bureau, Private

Wireless Division, Washington, D.C.

20554, (202) 418–0680.

SUPPLEMENTARY INFORMATION: A

summary of the Commission’s Report

and Order, adopted April 17, 1995, and

released April 27, 1995, is provided

above. The complete text of this action

is available for inspection and copying

during normal business hours at the

FCC, room 239, 1919 M Street, NW,

Washington, DC. The complete text of

this action, including the rule

amendments, may also be purchased

from the Commission’s copy contractor,

ITS, Inc., (202) 857–3800, 2100 M

Street, NW, suite 140, Washington, DC

20037.

1. The final rules are set forth at the

end of this document.

2. The rules contained herein have

been analyzed with respect to the

paperwork Reduction Act of 1980, 44

U.S.C. section 3501 et seq., and found

to contain no new or modified form,

information collection and/or record

keeping, labeling, disclosure, or record

retention requirements and will not

increase or decrease burden hours

imposed on the public.

3. In accordance with section 605(b)

of the Regulatory Flexibility Act of

1980, 5 USC section 605(b), the

Commission provides the following

Final Regulatory Flexibility Analysis.

Need and purpose of this action. This

rule making proceeding was needed to

obtain comments regarding our proposal

to authorize persons who have passed

the required examinations and applied

for commercial radio operator licenses

to perform the functions of a

commercial radio operator on a

temporary and conditional basis while

awaiting their licenses. The purpose of

this action is to permit persons who

must have the license as a condition of

employment to start work immediately.

A likely secondary benefit is applicants

will receive their Commission-issued

licenses sooner due to a reduction in the

number of inquiries to the processing

staff regarding the status of pending

applications.

Summary of issues raised by the

public comments in response to the

Initial Regulatory Flexibility Analysis.

The commentor agrees that the potential

impact of these rule changes is to

improve the efficiency in licensing

commercial radio operators, thereby

making it easier for persons to become

licensed commercial radio operators. No

other comments were received.

Significant alternatives considered

and rejected. Alternatives include the

Commission continuing to require

persons wait until they receive a

Commission-issued license document

before they can perform the functions of

a commercial radio operator. The

proposed alternative is adopted to

minimize the impact on persons who

require this document as a condition of

employment. The Secretary shall send a

copy of this Report and Order including

the certification, to the Chief Counsel

for Advocacy of the Small Business

Administration in accordance with

paragraph 605(b) of the Regulatory

Flexibility Act. Pub. L. 96–354, 94 Stat.

1164, 5 U.S.C. section 601–612 (1981).

4. A copy of this Report and Order

will be forwarded to the Chief Counsel

for Advocacy of the Small Business

Administration.

5. This Report and Order is issued

under the authority of sections

4(f)(4)(A), (B), and (J), 4(i), and 303(r) of

the Communications Act of 1934, as

amended, 47 U.S.C. section 154(f)(4)(A),

(B),and (J), 154(i), and 303(r).

List of Subjects in 47 CFR Part 13

Radio.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Changes

Part 13 of chapter I of title 47 of the

Code of Federal Regulations is amended

as follows:

PART 13—COMMERCIAL RADIO

OPERATORS

1. The authority citation for Part 13

continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066, 1082

as amended; 47 U.S.C. 154, 303.

2. Section 13.9 is amended by

redesignating paragraphs (d) and (e) as

paragraphs (e) and (f) respectively, and

adding a new paragraph (d) to read as

follows:

§ 13.9 Eligibility and application for new

license or endorsement.

* * * * *

(d) Provided that a person’s

commercial radio operator license was

not revoked, or suspended, and is not

the subject of an ongoing suspension

proceeding, a person whose application

for a commercial radio operator license

has been received by the FCC but which

has not yet been acted upon and who

holds a PPC(s) indicating that he or she

passed the necessary examination(s)

within the previous 365 days, is

authorized to exercise the rights and

privileges of the operator license for

which the application was received.

This authority is valid for a period of 90

days from the date the application was

received. The FCC, in its discretion,

may cancel this temporary conditional

operating authority without a hearing.

* * * * *

3. Section 13.13 is amended by

redesignating paragraphs (d) and (e) as

paragraphs (e) and (f) respectively, and

adding a new paragraph (d) to read as

follows:

§ 13.13 Application for a renewed or

modified license.

* * * * *

(d) Provided that a person’s

commercial radio operator license was

not revoked, or suspended, and is not

the subject of an ongoing suspension

proceeding, a person holding a General

Radiotelephone Operator License,