Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations 28325

the Energy Reorganization Act of 1974,

as amended, and 5 U.S.C. 552 and 553,

the Commission is adopting the

following amendments to 10 CFR Part

34.

PART 34—LICENSES FOR

RADIOGRAPHY AND RADIATION

SAFETY REQUIREMENTS FOR

RADIOGRAPHIC OPERATIONS

1. The authority citation for Part 34

continues to read as follows:

Authority: Secs. 81, 161, 182, 183, 68 Stat.

935, 948, 953, 954, as amended (42 U.S.C.

2111, 2201, 2232, 2233); sec. 201, 88 Stat.

1242, as amended (42 U.S.C. 5841).

Section 34.32 also issued under sec. 206,

88 Stat. 1246 (42 U.S.C. 5846).

2. Section 34.20 is amended by

revising paragraph (a) and adding a new

paragraph (f) to read as follows:

§ 34.20 Performance requirements for

radiography equipment.

* * * * *

(a) Each radiographic exposure device

and all associated equipment must meet

the requirements specified in American

National Standards Institute N432–

1980, ‘‘Radiological Safety for the

Design and Construction of Apparatus

for Gamma Radiography,’’ (published as

NBS Handbook 136, issued January

1981). This publication has been

approved for incorporation by reference

by the Director of the Federal Register

in accordance with 5 U.S.C. 552(a). This

publication may be purchased from the

Superintendent of Documents, U.S.

Government Printing Office,

Washington, DC 20402. Copies of the

document are available for inspection at

the Nuclear Regulatory Commission

library, 11545 Rockville Pike, Rockville,

Maryland, 20852–2738. A copy of the

document is also on file at the Office of

the Federal Register, 800 North Capitol

Street NW., Suite 700, Washington, DC

20408.

Engineering analyses may be

submitted by an applicant or licensee to

demonstrate the applicability of

previously performed testing on similar

individual radiography equipment

components. Upon review, the

Commission may find this an acceptable

alternative to actual testing of the

component pursuant to the referenced

standard.

* * * * *

(f) Notwithstanding paragraphs (a),

(d), and (e) of this section, equipment

used in industrial radiographic

operations need not comply with

section 8.9.2(c) of the Endurance Test in

American National Standards Institute

N432–1980, if the prototype equipment

has been tested using a torque value

representative of the torque that an

individual using the radiography

equipment can realistically exert on the

lever or crankshaft of the drive

mechanism.

Dated at Rockville, MD, this 17th day of

May, 1995.

For the Nuclear Regulatory Commission.

James M. Taylor,

Executive Director for Operations.

[FR Doc. 95–13205 Filed 5–30–95; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of the Assistant Secretary for

Fair Housing and Equal Opportunity

24 CFR Part 135

[Docket No. R–95–1677; FR–2898–F–03]

RIN 2529–AA49

Economic Opportunities for Low- and

Very Low-Income Persons; Notice of

Extension of Effective Date for Interim

Rule

AGENCY: Office of the Assistant

Secretary for Fair Housing and Equal

Opportunity, HUD.

ACTION: Final rule; Extension of effective

period of interim rule.

SUMMARY: This rule extends the effective

period for HUD’s interim rule that

amended part 135 to implement the

comprehensive changes made to section

3 of the Housing and Urban

Development Act of 1968 by the

Housing and Community Development

Act of 1992, until HUD publishes the

final rule for this program.

EFFECTIVE DATE: This rule, which

extends the effective period of the

interim rule, is effective June 30, 1995.

The effective period for 24 CFR part

135 is extended from June 30, 1995 until

the final rule implementing the

comprehensive changes made to section

3 of the Housing and Urban

Development Act of 1968 by the

Housing and Community Development

Act of 1992, is published and becomes

effective.

FOR FURTHER INFORMATION CONTACT: John

Waller, Office of Economic Opportunity,

Room 5232, Department of Housing and

Urban Development, 451 Seventh Street,

SW, Washington, DC 20410, telephone

(202) 708–2251 (voice/TDD). (This is

not a toll-free number.)

SUPPLEMENTARY INFORMATION:

I. Justification for Final Rulemaking

In general, HUD publishes a rule for

public comment before issuing a rule for

effect, in accordance with its own

regulations on rulemaking, 24 CFR part

10. However, part 10 provides for

exceptions from that general rule where

the agency finds good cause to omit

advance notice and public participation.

The good cause requirement is satisfied

when prior public procedure is

‘‘impracticable, unnecessary, or contrary

to the public interest’’ (24 CFR 10.1).

HUD finds that good cause exists to

publish this rule for effect without first

soliciting public comment, because

prior public procedure is unnecessary.

This final rule is technical, in that it

merely extends the effective period for

existing regulations, and it effects no

substantive change to those regulations.

The public has had an opportunity to

comment on the substance of the

regulations, as the interim rule for this

program was published subject to the

normal 60-day public comment period,

and the interim rule was preceded by a

proposed rule which also provided a 60-

day public comment period.

II. Background

On June 30, 1994 (59 FR 33866), HUD

published an interim rule that amended

24 CFR part 135 to implement

comprehensive changes made to section

3 of the Housing and Urban

Development Act of 1968 by the

Housing and Community Development

Act of 1992. Section 3, as amended,

requires that economic opportunities

generated by certain HUD financial

assistance for housing (including public

and Indian housing) and community

development programs shall, to the

greatest extent feasible, be given to lowand very low-income persons,

particularly those who are recipients of

government assistance for housing, and

to businesses that provide economic

opportunities for these persons.

The preamble to the interim rule

described HUD’s policy of setting an

expiration date for an interim rule that

is effective unless a final rule is

published before that date. This

‘‘sunset’’ provision appears in § 135.2 of

the interim rule, and provides that the

interim rule will expire on June 30,

1995, which is 12 months after the

publication date.

The final rule amending 24 CFR part

135 to implement the comprehensive

changes made to section 3 of the

Housing and Urban Development Act of

1968 (12 U.S.C. 1701u), by the Housing

and Community Development Act of

1992, is in its last stages of review, and

publication is anticipated in June 1995.

However, in order to prevent a period in

which the Department will be without

effective regulations, HUD is extending

the effective period of the interim rule
28326 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations

until the final rule is published and

becomes effective.

III. Other Matters

National Environmental Policy Act

A Finding of No Significant Impact

with respect to the environment has

been made in accordance with HUD

regulations at 24 CFR part 50

implementing section 102(2)(C) of the

National Environmental Policy Act of

1969, 42 U.S.C. 4332. The Finding of No

Significant Impact is available for public

inspection and copying between 7:30

a.m. and 5:30 p.m. weekdays at the

Office of Rules Docket Clerk, 451

Seventh Street, SW, room 10276,

Washington, DC 20410–0500.

Regulatory Flexibility Act

The Secretary, in accordance with the

Regulatory Flexibility Act (5 U.S.C.

605(b)), has reviewed this rule before

publication and by approving it certifies

that the rule will not have a significant

economic impact on a substantial

number of small entities. The rule

merely extends the effective period for

the interim rule.

Executive Order 12606, The Family

The General Counsel, as the

Designated Official under Executive

Order 12606, The Family, has

determined that the rule may have the

potential to promote family formation,

maintenance, and general well-being. If

the revised part 135 regulations,

implemented by this rule, contribute to

successful implementation of section 3,

an increased number of low-income

persons will be employed which may

promote family unification and general

well-being. Since the impact of this rule

is anticipated to be beneficial, no further

review under the Order is necessary.

Executive Order 12611, Federalism

The General Counsel, as the

Designated Official under section 6(a) of

Executive Order 12611, Federalism, has

determined that the rule will not have

a substantial, direct effect on the States

or on the relationship between the

Federal government and the States, or

on the distribution of power or

responsibilities among the various

levels of government. The rule provides,

consistent with section 3, that the

preference requirements of section 3 are

to be carried out consistent with

existing Federal, State, and local laws

and regulations.

Semiannual Agenda of Regulations

The rule implementing this program

was listed as sequence number 1511 in

the HUD’s Semiannual Agenda of

Regulations published on May 8, 1995

(60 FR 23368, 23399) under Executive

Order 12866 and the Regulatory

Flexibility Act.

List of Subjects in 24 CFR Part 135

Administrative practice and

procedure, Community development,

Equal employment opportunity,

Government contracts, Grant

programs—housing and community

development, Housing, Loan

programs—housing and community

development, Reporting and

recordkeeping requirements, Small

businesses.

In accordance with the reasons set

forth in the preamble, 24 CFR part 135

is amended as follows:

PART 135—ECONOMIC

OPPORTUNITIES FOR LOW- AND

VERY LOW-INCOME PERSONS

1. The authority citation for 24 CFR

part 135 continues to read as follows:

Authority: 12 U.S.C. 1701u; 42 U.S.C.

3535(d).

2. Section 135.2 is revised to read as

follows:

§ 135.2 Effective date of regulation.

The regulations of this part will

remain in effect until the date the final

rule adopting the regulations of this part

with or without changes is published

and becomes effective, at which point

the final rule will remain in effect.

Dated: May 23, 1995.

Elizabeth K. Julian,

Acting Deputy Assistant Secretary for Policy

and Initiatives.

[FR Doc. 95–13221 Filed 5–30–95; 8:45 am]

BILLING CODE 4210–28–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 26, 161, 162, and 165

[CGD 95–033]

RIN 2115–AF12

National Vessel Traffic Services

Regulations

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is amending

its Vessel Traffic Services (VTS)

regulations to clarify certain sections

and correct inaccurate geographic

information. In addition, the final rule

is deleting certain sections and adding

existing vessel traffic management

information which was inadvertently

omitted in a separate final rule

published in the Federal Register (59

FR 36316) on July 15, 1994. This rule is

intended to promote safe vessel

movement by reducing the potential for

collisions, rammings, and groundings

and their attendant loss of lives,

property and environmental harm.

EFFECTIVE DATE: This rule is effective on

May 31, 1995.

ADDRESSES: Unless otherwise indicated,

documents referred to 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:

Ms. Irene Hoffman, Project Manager,

Vessel Traffic Services Division (G–

NVT), at (202) 267–6277.

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal persons involved in

drafting this document are Ms. Irene

Hoffman, Project Manager, and CDR

Thomas Cahill, Project Counsel, Office

of Chief Counsel.

Regulatory History

On August 1, 1991, the Coast Guard

published a notice of proposed

rulemaking (NPRM) entitled ‘‘National

Vessel Traffic Services Regulations’’ in

the Federal Register (58 FR 36910). On

July 15, 1994, the Coast Guard

published the final rule in the Federal

Register (59 FR 36316).

Background and Purpose

Under the Ports and Waterways Safety

Act of 1972, as amended by the Port and

Tanker Safety Act (PTSA) and the Oil

Pollution Act (OPA 90), the Secretary of

Transportation may construct, operate,

maintain, improve, or expand VTSs in

any port or place under the jurisdiction

of the United States, including the

navigable waters of the United States, or

in any area covered by an international

agreement negotiated under 33 U.S.C.

1230. The Act requires certain vessels

which operate in a VTS area to use and

comply with the VTS.

In response to this mandate, the final

rule published on July 15, 1994,

amended the VTS regulations to make

participation in all VTSs mandatory.

This rule also simplified existing VTS

regulations by amending 33 CFR part

161 to incorporate: (1) Standard national

vessel traffic management rules

applicable to all VTSs; (2) vessel

movement reporting requirements for