Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Rules and Regulations 9623

cracked wing front spar carry-through frame

structure as specified in this AD.

(ii) If more than one crack is found on

either side of the wing forward spar carrythrough frame structure bend radius, prior to

further flight, install the applicable Beech P/

N 36–4004 Kit, reinspect thereafter at

intervals not to exceed 500 hours TIS, and

repair or reinforce any cracked wing front

spar carry-through frame structure as

specified in this AD.

(2) For cracks between 2.25 and 4.0 inches,

accomplish one of the following, as

applicable:

(i) If not more than one crack on either side

of the wing forward spar carry-through frame

structure bend radius is found, prior to

further flight, stop drill each crack at the

crack ends, and within the next 100 hours

TIS, install the applicable Beech P/N 36–

4004 Kit. Reinspect thereafter at intervals not

to exceed 500 hours TIS, and repair or

reinforce any cracked wing front spar carrythrough frame structure as specified in this

AD.

(ii) If more than one crack is found on

either side of the wing forward spar carrythrough frame structure bend radius, prior to

further flight, install the applicable P/N 36–

4004 Kit, and reinspect thereafter at intervals

not to exceed 500 hours TIS, and repair or

reinforce any cracked wing front spar carrythrough frame structure as specified in this

AD.

(3) For cracks exceeding 4.0 inches, prior

to further flight, install the applicable Beech

P/N 36–4004 Kit, reinspect at intervals not to

exceed 500 hours TIS, and repair or reinforce

any cracked wing front spar carry-through

frame structure as specified in this AD.

(d) If cracks are found in the web face in

the area of the huckbolt fasteners but not in

the bend radius during the inspections

specified in paragraph (a) of this AD,

accomplish the following at the time

specified in accordance with the instructions

in Beech SB No. 2360, but do not stop drill

the cracks because it is possible to damage

the structure behind the web face:

(1) For cracks less than 1.0 inch in length,

accomplish one of the following, as

applicable:

(i) If not more than one crack on either side

of the wing forward spar carry-through frame

structure web face is found, within the next

200 hours TIS and thereafter at intervals not

to exceed 200 hours TIS, reinspect each crack

for progression and repair accordingly. Upon

the installation of the applicable P/N 36–

4004 Kit, extend the repetitive inspection

time to 500 hours TIS, and repair or reinforce

any cracked wing front spar carry-through

frame structure as specified in this AD.

(ii) If more than one crack is found on

either side of the wing forward spar carrythrough frame structure web face, prior to

further flight, install the applicable Beech P/

N 36–4004 Kit, reinspect thereafter at

intervals not to exceed 500 hours TIS, and

repair or reinforce any cracked wing front

spar carry-through frame structure as

specified in this AD.

(2) For cracks more than 1.0 inch in length,

accomplish one of the following, as

applicable:

(i) If not more than one crack on either side

of the wing forward spar carry-through frame

structure web area is found, within the next

25 hours TIS, install the applicable Beech P/

N 36–4004 Kit. Reinspect thereafter at

intervals not to exceed 500 hours TIS, and

repair or reinforce any cracked wing front

spar carry-through frame structure as

specified in this AD.

(ii) If more than one crack is found on

either side of the wing forward spar carrythrough frame structure bend radius, prior to

further flight, install the applicable Beech P/

N 36–4004 Kit, reinspect thereafter at

intervals not to exceed 500 hours TIS, and

repair or reinforce any cracked wing front

spar carry-through frame structure as

specified in this AD.

(3) If a crack passes through two fasteners

but is less than 0.5 inches beyond either

fastener, accomplish one of the following, as

applicable:

(i) If not more than one crack on either side

of the wing forward spar carry-through frame

structure web area is found, within the next

25 hours TIS, install the applicable Beech P/

N 36–4004 Kit, reinspect at intervals not to

exceed 500 hours TIS, and repair or reinforce

any cracked wing front spar carry-through

frame structure as specified in this AD.

(ii) If more than one crack is found on

either side of the wing forward spar carrythrough frame structure bend radius, prior to

further flight, install the applicable Beech P/

N 36–4004 Kit, reinspect at intervals not to

exceed 500 hours TIS, and repair or reinforce

any cracked wing front spar carry-through

frame structure as specified in this AD.

(4) If a crack passes through two fasteners

but is more than 0.5 inches beyond either

fastener, prior to further flight, install the

applicable Beech P/N 36–4004 Kit. Reinspect

thereafter at intervals not to exceed 500 hours

TIS, and repair or reinforce any cracked wing

front spar carry-through frame structure as

specified in this AD.

(e) If cracks are found in both the web face

in the area of the huckbolt fasteners and the

bend radius during the inspections required

in paragraph (a) of this AD, accomplish the

following in accordance with the instructions

in Beech SB No. 2360:

(1) If only one crack is found on either side

of the airplane, prior to further flight, repair

each crack in accordance with the criteria

and instructions in paragraphs (c)(1) through

(c)(3) or (d)(1) through (d)(4) of this AD, as

applicable. Reinspect thereafter at intervals

not to exceed 500 hours TIS, and repair or

reinforce any cracked wing front spar carrythrough frame structure as specified in this

AD.

(2) If more than one crack is found on

either side of the airplane, accomplish one of

the following as applicable:

(i) For any crack that is 1.0 inch or more

in length, prior to further flight, install the

applicable Beech P/N 36–4004 Kit. Reinspect

thereafter at intervals not to exceed 500 hours

TIS, and repair or reinforce any cracked wing

front spar carry-through frame structure as

specified in this AD.

(ii) For any crack under 1.0 inch in length,

within the next 200 hours TIS and thereafter

at intervals not to exceed 200 hours TIS,

reinspect each crack for progression and

repair accordingly. Upon the installation of

the applicable P/N 36–4004 Kit, extend the

repetitive inspection time to 500 hours TIS,

and repair or reinforce any cracked wing

front spar carry-through frame structure as

specified in this AD.

(f) If a fuselage skin crack is found around

the opening of the lower forward carrythrough fitting, prior to further flight, obtain

repair instructions from the manufacturer

through the Wichita Aircraft Certification

Office (ACO) at the address specified in

paragraph (h) of this AD, and incorporate

these instructions. Reinspect thereafter at

intervals not to exceed 500 hours TIS, and

repair or reinforce any cracked wing front

spar carry-through frame structure as

specified in this AD.

(g) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(h) An alternative method of compliance or

adjustment of the initial or repetitive

compliance times that provides an equivalent

level of safety may be approved by the

Manager, Wichita ACO, 1801 Airport Road,

Room 100, Mid-Continent Airport, Wichita,

Kansas 67209. The request shall be

forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Wichita ACO.

Note: Information concerning the existence

of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Wichita ACO.

(i) The inspections required by this AD

shall be done in accordance with No. 2360,

dated November 1990. This incorporation by

reference was previously approved by the

Director of the Federal Register in accordance

with 5 U.S.C. 552(a) and 1 CFR part 51.

Copies may be obtained from the Beech

Aircraft Corporation, P.O. Box 85, Wichita,

Kansas 67201–0085. Copies may be inspected

at the FAA, Central Region, Office of the

Assistant Chief Counsel, Room 1558, 601 E.

12th Street, Kansas City, Missouri, or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(j) This amendment (39–9155) supersedes

AD 92–08–07, Amendment 39–8218.

(k) This amendment (39–9155) becomes

effective on April 7, 1995.

Issued in Kansas City, Missouri, on

February 14, 1995.

Barry D. Clements,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 95–4133 Filed 2–17–95; 8:45 am]

BILLING CODE 4910–13–U
9624 Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Rules and Regulations

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

29 CFR Parts 1910, 1915, and 1926

RIN 1218–AB25

Occupational Exposure to Asbestos

AGENCY: Occupational Safety and Health

Administration, Department of Labor.

ACTION: Final rule; extension of start-up

dates for compliance.

SUMMARY: OSHA is extending the startup dates for some provisions of the

asbestos standards until July 10, 1995 to

give the public more time to understand

the provisions and implement

compliance.

DATES: These amendments take effect on

February 21, 1995. For Part 1910–

General Industry, for § 1910.1001, the

start-up dates for compliance for

paragraph (g)—methods of compliance,

paragraph (h)—respiratory protection,

paragraph (j)—hygiene facilities,

paragraph (k)—communication of

hazards, paragraph (l)—housekeeping,

paragraph (m)—medical surveillance

and paragraph (o)—competent persons

are extended to July 10, 1995. For Part

1915—Shipyards, for § 1915.1001, the

start-up dates for compliance for

paragraph (d)(2)—initial monitoring,

paragraph (e)—regulated area, paragraph

(f)(i)—methods of compliance,

paragraph (f)(2) compliance program,

paragraph (g)—respiratory protection,

paragraph (i)—hygiene facilities,

paragraph (j)(7) employee information

and training, and paragraph (l)—

medical surveillance are extended to

July 10, 1995. For Part 1926—

Construction, for § 1926.1101, the startup dates for compliance for paragraph

(g)—methods of compliance, paragraph

(h)—respiratory protection, paragraph

(j)—hygiene facilities, paragraph (k)—

communication of hazards, paragraph

(l)—housekeeping, paragraph (m)—

medical surveillance and paragraph

(o)—competent person are extended to

July 10, 1995.

FOR FURTHER INFORMATION CONTACT: Mr.

Richard Liblong, Director of Information

and Consumer Affairs, Occupational

Safety and Health Administration, U.S.

Department of Labor, Room N3647, 200

Constitution Avenue, NW., Washington,

DC 20210, telephone (202) 219–8151.

SUPPLEMENTARY INFORMATION: OSHA

issued improved asbestos standards for

general industry, construction and

shipyards on August 10, 1994 at 59 FR

40964 to better protect workers from

lung cancer, asbestosis and other

diseases caused by asbestos exposure.

The new standards took effect on

October 11, 1994 and that date was the

start-up date for some provisions such

as the new lower exposure limit of .1 f/

cc. However, various other provisions

such as the new medical surveillance,

respiratory protection and training

provisions and the engineering control

requirements had start-up dates from

between January 9, 1995 and April 10,

1995.

Various members of the public have

in meetings requested that OSHA grant

more time for the public to study and

comply with some provisions. In

addition OSHA intends to publish in

the hear future a correction and

clarification notice and various

compliance and training materials to

assist in the understanding of the new

standard. The American Petroleum

Institute by letter dated February 3,

1995 also requested a delay in the startup of some provisions.

After considering all these reasons

together, OSHA has concluded that it is

appropriate to give the public additional

time to study and implement some of

the provisions of the new asbestos

standards which may require more time

to implement. Other provisions such as

the new exposure limit had a start-up

date of October 11, 1995 and OSHA is

not extending the start-up date of those

provisions. In the interim, the

provisions of the preexisting asbestos

standards remain in effect for those

provisions of the new standards whose

start-up dates have been extended.

The provisions extended are listed

above in the DATES section of this

preamble. OSHA has concluded that

July 10, 1995 is a reasonable time for

employers to fully study and come into

compliance with the provisions for

which the start-up dates have been

extended.

For simplicity and to reduce possible

confusion OSHA is setting a single startup date for those provisions and

eliminating the language that required

compliance as soon as possible not

latter than the start-up date specified.

However, some provisions such as

exposure monitoring where exposures

are over the new limit may need to be

completed prior to the implementation

of engineering controls. All the

provisions whose start-up dates have

been extended will be enforced on July

10, 1995.

OSHA is publishing this as an

amendment to the new standards so that

the new start-up dates will be codified

in the Code of Federal Regulations.

OSHA finds that there is good cause to

issue this extension without notice and

public procedure because such is

impractical, unnecessary or contrary to

the public interest. It is necessary to

issue the extension to permit employers

sufficient time to come into full

compliance and notice and comment

would delay the issuance of the

extension until past the new start-up

dates. For the same reasons OSHA finds

good cause for the extension of the startup date to take immediate effect.

This document was prepared under

the direction of Joseph A. Dear,

Assistant Secretary of Labor for

Occupational Safety and Health, U.S.

Department of Labor, 200 Constitution

Avenue NW., Washington, DC 20210.

Accordingly, pursuant to sections 4,

6(b), 8(c), and 8(g) of the Occupational

Safety and Health Act of 1979 (29 U.S.C.

653, 655, 657); Sec. 107, Contract Work

Hours and Safety Standards Act

(Construction Safety Act, 40 U.S.C. 333);

Sec. 41, Longshore and Harbor Workers’

Compensation Act (33 U.S.C. 941); 5.

U.S.C. Sec. 553; and 29 CFR Part 1911;

29 CFR Parts 1910, 1915 and 1926 are

amended as set forth below.

List of Subjects

29 CFR Part 1910

Asbestos, Occupational safety and

health.

29 CFR Part 1915

Asbestos, Longshore and harbor

workers, Occupational safety and

health, Vessels.

29 CFR Part 1926

Asbestos, Construction industry,

Occupational safety and health.

Signed at Washington, DC this 14th day of

February, 1995.

Joseph A. Dear,

Assistant Secretary of Labor.

OSHA hereby amends 29 CFR Parts

1910, 1915 and 1926 as follows:

PART 1910—OCCUPATIONAL SAFETY

AND HEALTH STANDARDS

1. The authority citation of subpart Z

of 29 CFR part 1910 is revised to read

as follows:

Authority: Secs. 6, 8 Occupational Safety

and Health Act, 29 U.S.C. 655, 657; Secretary

of Labor’s Order 12–71 (36 FR 8754), 9–76

(41 FR 25059), 9–83 (48 FR 35736) or 1–90

(55 FR 9033), as applicable; and 29 CFR part

1911.

All of subpart Z issued under section 6(b)

of the Occupational Safety and Health Act,

except those substances which have exposure

limits listed in Tables Z–1, Z–2 and Z–3 of

29 CAR 1910.1000. The latter were issued

under section 6(a) (29 U.S.C. 655(a)).

Section 1910.1000, Tables Z–1, Z–2 and Z–

3 also issued under 5 U.S.C. 553. Section

1910.1000, Table Z–1, Z–1 and Z–3 not
Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Rules and Regulations 9625

issued under 29 CFR part 1911 except for the

arsenic (organic compounds), benzene, and

cotton dust listings.

Section 1910.1001 also issued under

section 107 of Contract Work Hours and

Safety and Standards Act, 40 U.S.C. 333 and

5 U.S.C. 553.

Section 1910.1002 not issued under 29

U.S.C. or 29 CFR part 1911; also issued under

5 U.S.C. 553.

Section 1910.1003 through 1910.1018 also

issued under 29 CFR 653.

Section 1910.1025 also issued under 29

U.S.C. 653 and 5 U.S.C. 553.

Section 1910.1028 also issued under 29

U.S.C. 653.

Section 1910.1030 also issued under 29

U.S.C. 653.

Section 1910.1043 also issued under 5

U.S.C. 551 et seq.

Section 1910.1045 and 1910.1047 also

issued under 29 U.S.C. 653.

Section 1910.1048 also issued under 29

U.S.C. 653.

Sections 1910.1200, 1910.1499 and

1910.1500 also issued under 5 U.S.C. 553.

Section 1910.1450 is also issued under sec.

6(b), 8(c) and 8(g)(2), Pub. L. 91–596, 84 Stat.

1593, 1599, 1600; U.S.C. 655, 657.

2. Section 1910.1001 is amended by

revising paragraph (o) to read as follows:

§ 1910.1001 Asbestos.

* * * * *

(o) Dates—(1) Effetive date. This

standard shall become effective October

11, 1994.

(2) The provisions of 29 CFR

1910.1001 remain in effect until the

start-up dates of the equivalent

provisions of this standard.

(3) Start-up dates. All obligations of

this standard commence on the effective

date except as follows:

(i) Exposure monitoring. Initial

monitoring required by paragraph (d)(2)

of this section shall be completed by

July 10, 1995.

(ii) Regulated areas. Regulated areas

required to be established by paragraph

(e) of this section as a result of initial

monitoring shall be set up by July 10,

1995.

(iii) Respiratory protection.

Respiratory protection required by

paragraph (g) of this section shall be

provided by July 10, 1995.

(iv) Hygiene and lunchroom facilities.

Construction plans for change rooms,

showers, lavatories, and lunchroom

facilities shall be completed by July 10,

1995.

(v) Employee information and

training. Employee information and

training shall be provided by July 10,

1995.

(vi) Medical surveillance. Medical

surveillance not previously required by

paragraph (l) of this section shall be

provided by July 10, 1995.

(vii) Compliance program. Written

compliance programs required by

paragraph (f)(2) of this section shall be

completed and available for inspection

and copying by July 10, 1995.

(viii) Methods of compliance. The

engineering and work practice controls

as required by paragraph (f) shall be

implemented by July 10, 1995.

* * * * *

PART 1915—OCCUPATIONAL SAFETY

AND HEALTH STANDARDS FOR

SHIPYARD EMPLOYMENT

3. The authority citation of 29 CFR

part 1915 continues 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); sec. 4

of the Administrative Procedure Act (5 U.S.C.

553); Secretary of Labor’s Order No. 12–71

(36 FR 6754), 8–76 (41 FR 35736) or 1–90 (55

FR 9033), as applicable; 29 CFR part 1911.

2. Section 1915.1001 is amended by

revising paragraph (q) to read as follows:

§ 1915.1001 Asbestos.

* * * * *

(q) Dates. (1) This standard shall

become effective October 11, 1994.

(2) The provisions of 29 CFR 1926.58

and 29 CFR 1910.1001 remain in effect

until the start-up dates of the equivalent

provisions of this standard.

(3) Start-up dates. All obligations of

this standard commence on the effective

date except as follows:

(i) Methods of compliance. The

engineering and work practice controls

required by paragraph (g) of this section

shall be implemented by July 10, 1995.

(ii) Respiratory protection.

Respiratory protection required by

paragraph (h) of this section shall be

provided by July 10, 1995.

(iii) Hygiene facilities and practices

for employees. Hygiene facilities and

practices required by paragraph (j) of

this section shall be provided by July

10, 1995.

(iv) Communication of hazards.

Identification, notification, labeling and

sign posting, and training required by

paragraph (k) of this section shall be

provided by July 10, 1995.

(v) Housekeeping. Housekeeping

practices and controls required by

paragraph (l) of this section shall be

provided by July 10, 1995.

(vi) Medical surveillance required by

paragraph (m) of this section shall be

provided by July 10, 1995.

(vii) The designation and training of

competent persons required by

paragraph (o) of this section shall be

completed by July 10, 1995.

* * * * *

PART 1926—SAFETY AND HEALTH

REGULATIONS FOR CONSTRUCTION

5. The authority citation of subpart Z

of 29 CFR part 1926 is revised to read

as follows:

Authority: Sections 6 and 8, Occupational

Safety and Health Act, 29 U.S.C. 655, 657;

Secretary of Labor’s Orders Nos. 12–71 (36

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

35736) or 1–90 (55 FR 9033) as applicable;

and 29 CFR part 1911.

Section 1926.1101 also issued under 5

U.S.C. 553.

Section 1926.1102 not issued under 29

U.S.C. 655 or 29 CFR part 1911; also issued

under 5 U.S.C. 553.

Section 1926.1103 through 1926. 1118 also

issued under 29 U.S.C. 653.

Section 1926.1128 also issued under 29

U.S.C. 653.

Section 1926.1145 and 1926.1147 also

issued under 29 U.S.C. 653.

Section 1926.1148 also issued under 29

U.S.C. 653.

6. Section 1926.1101 is amended by

revising paragraph (q) to read as follows:

§ 1926.1101 Asbestos.

* * * * *

(q) Dates. (1) This standard shall

become effective October 11, 1994.

(2) This provision of 29 CFR 1926.58

remain in effect until the start-up dates

of the equivalent provisions of this

standard.

(3) Start-up dates. All obligations of

this standard commence on the effective

date except as follows:

(i) Methods of compliance. The

engineering and work practice controls

required by paragraph (g) of this section

shall be implemented by July 10, 1995.

(ii) Respiratory protection.

Respiratory protection required by

paragraph (h) of this section shall be

provided by July 10, 1995.

(iii) Hygiene facilities and practices

for employees. Hygiene facilities and

practices required by paragraph (j) of

this section shall be provided by July

10, 1995.

(iv) Communication of hazards.

Identification, notification, labeling and

sign posting, and training required by

paragraph (k) of this section shall be

provided by July 10, 1995.

(v) Housekeeping. Housekeeping

practices and controls required by

paragraph (l) of this section shall be

provided by July 10, 1995.

(vi) Medical surveillance required by

paragraph (m) of this section shall be

provided by July 10, 1995.

(vii) The designation and training of

competent persons required by
9626 Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Rules and Regulations

paragraph (o) of this section shall be

completed by July 10, 1995.

* * * * *

[FR Doc. 95–4083 Filed 2–17–95; 8:45 am]

BILLING CODE 4510–26–M

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 254

RIN 1010–AB81

Spill-Response Plans for Offshore

Facilities Including State Submerged

Lands and Pipelines

AGENCY: Minerals Management Service

(MMS), Interior.

ACTION: Interim final rule; delay of

expiration.

SUMMARY: This document delays the

expiration of the interim final rule

governing spill-response plans for

offshore facilities. The Federal Water

Pollution Control Act as amended by

the Oil Pollution Act of 1990 (OPA)

requires that a spill-response plan be

submitted for offshore facilities. The

MMS published an interim final rule

establishing requirements for spillresponse plans for offshore facilities

including pipelines on February 8,

1993. The rule was scheduled to expire

on February 18, 1995, or when

superseded by a final rule. The MMS

will not have a final rule in place by

February 18, 1995, and therefore will

extend the termination date of the

interim final rule. This rulemaking is

being extended until superseded by a

final rule.

EFFECTIVE DATE: The interim rule

published February 8, 1993 (58 FR

7489) is extended indefinitely; it will

not expire until the interim rule is

superseded by a final rule.

FOR FURTHER INFORMATION CONTACT:

Lawrence H. Ake, Engineering and

Standards Branch, telephone (703) 787–

1600.

SUPPLEMENTARY INFORMATION: On

February 8, 1993, MMS published an

interim final rule titled ‘‘Spill-Response

Plans for Offshore Facilities Including

State Submerged Lands and Pipelines’’

(58 FR 7489). The interim final rule was

given an effective date of February 18,

1993, and was to expire on February 18,

1995, or when superseded by a final

rule. At the time of publication of the

interim final rule, it was anticipated that

a final rule would be in place before

February 18, 1995. A final rule on this

subject will not be published before the

published expiration date, yet there is

still a need for a rule that conveys MMS

requirements for spill-response plans for

offshore facilities. The interim final rule

provides necessary guidance to

operators for preparing and submitting

spill-response plans that are required by

OPA. The MMS has determined that an

immediate effective date is necessary to

provide continuity in the

administration, review, and approval of

spill-response plans.

Author

This document was prepared by

Lawrence H. Ake, Engineering and

Technology Division, MMS.

Rulemaking Analyses

E.O. 12866

Non significant.

Regulatory Flexibility Act

No significant impact.

Paperwork Reduction Act

OMB clearance number 1010–0057.

Takings Implication Assessment

No interference with constitutionally

protected property rights.

E.O. 12778

Meets applicable standards.

National Environmental Policy Act

The Department of the Interior has

determined that this action does not

constitute a major federal action

affecting the quality of the human

environment; therefore, preparation of

an Environmental Impact Statement is

not required.

List of Subjects in 30 CFR Part 254

Continental shelf, Environmental

protection, Oil and gas development

and production, Oil and gas exploration,

Pipelines, Public lands—mineral

resources, Reporting and recordkeeping

requirements.

Dated: February 14, 1995.

Sylvia V. Baca,

Deputy Assistant Secretary, Land and

Minerals Management.

[FR Doc. 95–4110 Filed 2–17–95; 8:45 am]

BILLING CODE 4310–MR–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 3

RIN 2900–AH29

Reductions and Discontinuances

(Federal Employees’ Compensation)

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends

Department of Veterans Affairs (VA)

adjudication regulations concerning

reduction or discontinuance of VA

benefits when a payee is also entitled to

benefits under the Federal Employees’

Compensation Act (FECA) for the same

injury or death for which VA payment

is being made. The intended effect of

this amendment is to bring VA

regulations into conformance with the

statutory prohibition against concurrent

receipt of VA benefits and FECA

benefits for the same injury or death.

EFFECTIVE DATE: This amendment is

effective February 21, 1995.

FOR FURTHER INFORMATION CONTACT:

Lorna Weston, Consultant, Regulations

Staff, Compensation and Pension

Service, Veterans Benefits

Administration, 810 Vermont Avenue,

NW., Washington, DC 20420, telephone

(202) 273–7210.

SUPPLEMENTARY INFORMATION: 5 U.S.C.

8116(a) prohibits a federal employee

who is receiving benefits for a workrelated injury or death under FECA from

receiving benefits from VA for the same

injury or death.

Currently the adjudication regulations

at 38 CFR 3.500(e) specify that the

effective date for reduction of VA

benefits based on an election of FECA

benefits will be the end of the month

following the month in which notice is

received from the Department of Labor’s

Office of Workers’ Compensation

Programs that a VA payee has elected

FECA benefits. The regulations do not

prohibit concurrent payment of VA and

FECA benefits. Thus, in those cases

where FECA payment is authorized

prior to a proper election and

discontinuance of VA benefits, a

potential for duplicate payment exists.

VA is amending 38 CFR 3.500(e) to

provide that the effective date for

reduction or discontinuance of VA

benefits in cases where FECA benefits

are elected for an injury or death which

is the basis of VA payment will be the

day preceding the date on which the

FECA award became effective.

The final rule is made effective upon

publication, since it makes changes

merely to reflect statutory requirements.

The Secretary certifies that this final

rule will not have a significant

economic impact on a substantial

number of small entities as they are

defined in the Regulatory Flexibility

Act, 5 U.S.C. 601–612. This rule will

directly affect VA beneficiaries, but will

not directly affect small business.

Therefore, pursuant to 5 U.S.C. 605(b),

this final regulation is exempt from the