8194 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations

1 59 FR 66674 (December 28, 1994).

2Rules 1.14(d)(2), 1.15(c)(2) and 1.15(a)(2)(iii).

For a complete discussion of the recently adopted

risk assessment rules, see 59 FR 66674.

3See 59 FR 66674, at 66682, n.35 (Director of

Division of Trading and Markets is generally

delegated the authority to act on behalf of the

Commission with respect to the risk assessment

rules).

(2) Tools, implements, and furniture

used in the creation of a work of art

such as brushes, chisels, easels, picture

frames, drafting tables and chairs,

canvas stretchers, potter’s wheels,

hammers, air pumps for air brushes,

kilns, and molds.

(3) Surface materials upon which an

art material is applied, such as coloring

books and canvas, unless, as a result of

processing or handling, the consumer is

likely to be exposed to a chemical in or

on the surface material in a manner

which makes that chemical susceptible

to being ingested, absorbed, or inhaled.

(4) The following materials whether

used as a surface or applied to one,

unless, as a result of processing or

handling, the consumer is likely to be

exposed to a chemical in or on the

surface material in a manner which

makes that chemical susceptible to

being ingested, absorbed, or inhaled:

paper, cloth, plastics, films, yarn,

threads, rubber, sand, wood, stone, tile,

masonry, and metal.

(B) For purposes of LHAMA

enforcement policy, the Commission

will enforce against materials including,

but not limited to, paints, crayons,

colored pencils, glues, adhesives, and

putties, if such materials are sold as part

of an art, craft, model, or hobby kit. The

Commission will enforce the LHAMA

requirements against paints or other

materials sold separately which are

intended to decorate art, craft, model,

and hobby items. Adhesives, glues, and

putties intended for general repair or

construction uses are not subject to

LHAMA. However, the Commission will

enforce the LHAMA requirements

against adhesives, glues, and putties

sold separately (not part of a kit) if they

are intended for art and craft and model

construction uses. This paragraph

(b)(8)(iv)(B) applies to products

introduced into interstate commerce on

or after August 14, 1995.

(C) Commission regulations at

§ 1500.14(b)(8)(i)(C)(7) require that a

statement of conformance appear with

art materials that have been reviewed in

accordance with the Commission

standard. The Commission interprets

this provision to require a conformance

statement regardless of the presence of

any chronic hazard warnings.

(D) Nothing in this enforcement

statement should be deemed to alter any

of the requirements of the Federal

Hazardous Substances Act (‘‘FHSA’’),

such as, but not limited to, the

requirement that any hazardous

substance intended or packaged in a

form suitable for household use must be

labeled in accordance with section 2(p)

of the FHSA.

Dated: February 6, 1995.

Sadye E. Dunn,

Secretary, Consumer Product Safety

Commission.

[FR Doc. 95–3450 Filed 2–10–95; 8:45 am]

BILLING CODE 6355–01–P

COMMODITY FUTURES TRADING

COMMISSION

17 CFR Part 140

Delegation of Authority to the Director

of the Division of Trading and Markets

AGENCY: Commodity Futures Trading

Commission.

ACTION: Final rules.

SUMMARY: The Commodity Futures

Trading Commission (‘‘Commission’’) is

delegating to the Director of the Division

of Trading and Markets, and to such

members of the Commission staff acting

under the Director’s direction as the

Director may designate from time to

time, the authority to perform all

functions reserved to the Commission

under the recently adopted risk

assessment requirements for holding

company systems in §§ 1.14 and 1.15 of

the Commission’s regulations. The

delegation should result in more

expeditious treatment of exemption

requests, which will benefit futures

commission merchants (‘‘FCMs’’) and

the Commission.

EFFECTIVE DATE: February 13, 1995.

FOR FURTHER INFORMATION CONTACT:

Lawrence T. Eckert, Attorney Adviser,

Division of Trading and Markets,

Commodity Futures Trading

Commission, 2033 K Street N.W.,

Washington D.C. 20581. Telephone

(202) 254–8955.

SUPPLEMENTARY INFORMATION:

I. Delegation

On December 21, 1994, the

Commission adopted Rules 1.14 and

1.15 to implement the risk assessment

authority set forth in Section 4f(c) of the

Commodity Exchange Act.1 These rules

generally require FCMs that are subject

to the rules to maintain and file with the

Commission certain information

concerning their financial activities and

the activities of their material affiliates.

In promulgating the risk assessment

rules, and at the suggestion of

commenters on the proposed rules, the

Commission reserved, in Rules

1.14(d)(3) and 1.15(c)(3), the authority

to exempt any FCM from any of the

provisions of either Rule 1.14 or Rule

1.15 if the Commission finds that the

exemption is not contrary to the public

interest and the purposes of the

provisions from which the exemption is

sought. Additionally, the rules permit

the Commission to exempt an FCM

affiliated with a ‘‘Reporting Futures

Commission Merchant’’ from the

recordkeeping and reporting

requirements of the rules, and permit

the Commission to request information

to supplement an FCM’s filings with the

Commission if the Commission

determines that additional information

is necessary for a complete

understanding of a particular affiliate’s

financial impact on the FCM’s

organizational structure.2

The Commission has determined to

codify in Part 140 the delegation of its

authority under the risk assessment

rules to the Director of the Division of

Trading and Markets.3 Accordingly, the

Commission is hereby amending its

delegation of authority to the Director of

the Division of Trading and Markets set

forth in Rule 140.91, which currently

governs authority to perform functions

on behalf of the Commission with

respect to the minimum financial and

related reporting requirements for FCMs

and introducing brokers under Rules

1.10, 1.12, 1.16 and 1.17, by adding to

it the authority to act on behalf of the

Commission with respect to all

functions reserved to the Commission

under Rules 1.14 and 1.15. The

Commission further notes that

paragraph (b) of Rule 140.91 will

continue to provide that the Director

may submit any matter delegated under

the rule to the Commission for its

consideration.

II. Related Matters

A. Administrative Procedure Act

The Commission has determined that

this delegation of authority relates

solely to agency organization, procedure

and practice. Therefore, the provisions

of the Administrative Procedure Act, 5

U.S.C. 553, which generally require

notice of proposed rule making and

which provide other opportunities for

public participation, are not applicable.

The Commission further finds that,

because the rule has no adverse effect

upon a member of the public, there is

good cause to make it effective

immediately upon publication in the

Federal Register.
Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations 8195

4 47 FR 18618–18621 (April 30, 1982).

B. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA),

5 U.S.C. 601–611 (1988), requires that

agencies, in proposing rules, consider

the impact of those rules on small

businesses. The rules discussed herein

are only an administrative delegation

and will have no impact on registered

entities. Even if these rules were

deemed to affect FCMs, the Commission

already has established certain

definitions of ‘‘small entities’’ to be used

by the Commission in evaluating the

impact of its rules on such small entities

in accordance with the RFA and FCMs

have been determined not to be small

entities under the RFA.4 Accordingly,

the Chairman, on behalf of the

Commission, hereby certifies, pursuant

to 5 U.S.C. 605(b), that these rule

amendments will not have a significant

impact on a substantial number of

smaller entities.

List of Subjects in 17 CFR Part 140

Authority delegations (Government

agencies).

In consideration of the foregoing, and

pursuant to the authority contained in

the Commodity Exchange Act, and, in

particular, sections 2a and 8a, 7 U.S.C.

4a and 12a, the Commission is

amending part 140 of Chapter I of Title

17 of the Code of Federal Regulations as

follows:

PART 140—ORGANIZATION,

FUNCTIONS, AND PROCEDURES OF

THE COMMISSION

1. The authority citation for Part 140

continues to read as follows:

Authority: 7 U.S.C. 4a and 12a.

2. Section 140.91 is amended by

redesignating paragraphs (a)(3) and

(a)(4) as (a)(5) and (a)(6) and by adding

new paragraphs (a)(3) and (a)(4) to read

as follows:

§ 140.91 Delegation of authority to the

Director of the Division of Trading and

Markets.

(a) * * *

(3) All functions reserved to the

Commission in § 1.14 of this chapter;

(4) All functions reserved to the

Commission in § 1.15 of this chapter;

* * * * *

Issued in Washington, D.C. on February 7,

1995, by the Commission.

Jean A. Webb,

Secretary of the Commission.

[FR Doc. 95–3455 Filed 2–10–95; 8:45 am]

BILLING CODE 6351–01–U

TENNESSEE VALLEY AUTHORITY

18 CFR Part 1310

Administrative Cost Recovery

AGENCY: Tennessee Valley Authority

(TVA).

ACTION: Final rule.

SUMMARY: This final rule amends TVA’s

administrative cost recovery regulations

by adding a provision requiring

payment to TVA of nonrefundable

application processing fees to recover

the costs of reviewing plans for the

construction, operation, or maintenance

of dams, appurtenant works, or other

obstructions affecting navigation, flood

control, or public lands or reservations

in the Tennessee River system under

Section 26a of the TVA Act; eliminating

cost recovery exemptions for

agricultural licenses, firewood cutting

permits, permits for the nonexclusive

short-term use of TVA land, conveyance

or abandonment of TVA land or

landrights to States, municipalities, and

political subdivisions and agencies

thereof, and use of TVA land for utility

line crossings; authorizing the

responsible land manager to establish a

standard charge for each category of

action rather than determining the

actual administrative costs for each

individual action; and increasing the

range of fees for certain actions. These

amendments will allow TVA to recover

more of its administrative costs incurred

in processing certain actions from those

persons who directly benefit from the

actions.

EFFECTIVE DATE: March 17, 1995.

FOR FURTHER INFORMATION CONTACT:

David L. Pack, Manager of Reservoir

Land Management, Tennessee Valley

Authority, 17 Ridgeway Road, Norris,

Tennessee 37828, (615) 632–1602.

SUPPLEMENTARY INFORMATION: TVA

published the proposed rulemaking in

the Federal Register on October 27 (59

FR 53948–49) and invited comments for

30 days ending November 28, 1994. No

comments were received. Accordingly,

TVA is promulgating this final rule as

proposed.

In order to help ensure that TVA land

management and permitting activities

are self-sustaining to the fullest extent

possible, the agency has determined that

its administrative cost recovery

regulations should be expanded to

include a broader range of use, disposal,

and permitting activities. This

determination is consistent with

national objectives to increase

government efficiency and to recover

the costs of government services from

those who most directly benefit from the

services.

Persons who wish to construct dams,

appurtenant works, or other

obstructions in or along the Tennessee

River system are required by Section

26a of the TVA Act of 1933, as

amended, to obtain TVA’s approval of

plans for the proposed activity prior to

construction. TVA’s administrative cost

recovery regulations previously

provided for recovery of costs of actions

taken by TVA to approve obstructions

constructed without prior approval of

plans. In order to help ensure that the

agency’s entire Section 26a permitting

program is self-sustaining to the fullest

extent possible, the amended

regulations now provide for recovery of

costs of processing permits for proposed

obstructions as well as after-the-fact

permit processing. The responsible TVA

land manager has established standard

permit processing fees that will be

payable upon submission of a permit

application and will be nonrefundable

regardless of whether or not the plans

are approved by TVA.

Initially, the standard application

processing fee for private

noncommercial Section 26a permit

proposals will be $100, and the standard

fee for commercial, industrial, and

public Section 26a permit application

processing will be $500. These fees are

based in part upon a review of costs

incurred by TVA in processing these

permits. In addition, TVA examined

prevailing permit application fees by

conducting a comparative analysis

survey of several other agencies and

utilities. In adjusting application

processing fees and in establishing

standard fees for other applicable

activities, the responsible land manager

will examine average costs incurred in

conducting the various activities.

The amended regulations also provide

for increasing TVA’s administrative fee

for quota deer hunts and quota turkey

hunts at Land Between The Lakes. The

purpose of this fee is to recover the cost

of processing applications, conducting a

computerized drawing, and mailing

notification of selection status. The

hunting fee will increase from $2 to a

range of $5 to $25. This range will allow

TVA to recover increasing costs of

conducting the drawings and hunts, and

allow a range of pricing for special

hunts and drawings.

Applications received prior to March

17, 1995, will be processed under the

regulations in effect at the time of

receipt of the application.

List of Subjects in 18 CFR Part 1310

Government property, Hunting.