Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Proposed Rules 10053

40 CFR Parts 700 and 723

[OPPTS–50596C; FRL–4939–2]

RIN 2070–AC14

Premanufacture Notification and

Exemptions; Notification of Technical

Workshops

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of technical workshops.

SUMMARY: EPA will hold technical

workshops on the proposed revisions of

the Toxic Substances Control Act

(TSCA) section 5 premanufacture

notification (PMN) regulations and

exemptions for chemicals in quantities

of 1,000 kilograms or less and for

polymers, which were published in the

Federal Register of February 8, 1993.

EPA is conducting the workshops at the

request of the Synthetic Organic

Chemical Manufacturers Association

and the Chemical Manufacturers

Association to provide an opportunity

for interested persons to become

familiar with the technical provisions of

the regulations which will affect the

manufacture of new chemical

substances. The workshops will address

the eligibility criteria and other

technical aspects of the proposed

polymer exemption and low volume

exemption rules, the ‘‘two percent’’ rule

for polymers, and procedures for

developing and submitting Chemical

Abstracts names for new chemical

substances.

DATES: The technical workshops will be

held on March 14 and 21, 1995, from

12:30 p.m. to 5 p.m. in Washington, DC.

ADDRESSES: The March 14, 1995

meeting will be held at the

Environmental Protection Agency,

Education Center, 401 M St., SW.,

Washington, DC 20460. The March 21,

1995 meeting will be held at the General

Services Administration, Regional

Office Building Auditorium, Rm. 1041,

First floor, National Capital Region, 7th

and D Sts., SW., Washington, DC 20407.

FOR FURTHER INFORMATION CONTACT:

James B. Willis, Acting Director,

Environmental Assistance Division

(7408), Office of Pollution Prevention

and Toxics, Environmental Protection

Agency, Rm. E–543B, 401 M St., SW.,

Washington, DC 20460, Telephone:

(202) 554–1404, TDD: (202) 554–0551,

Fax: (202) 554–5603. Persons wishing to

attend the workshops should contact the

office listed above and provide their

name, organization, preferred meeting

date, and a daytime telephone number.

SUPPLEMENTARY INFORMATION: In the

Federal Register of February 8, 1993,

EPA published its proposed

amendments to the PMN regulations,

exemptions for chemicals in quantities

of 1,000 kilograms or less (58 FR 7646),

exemption for polymers (58 FR 7679),

and an amendment to the expedited

process for issuing SNURs (58 FR 7676).

A public hearing on the proposed

regulations was held on April 26 and

27, 1993, in Washington, DC. EPA

expects to promulgate final regulations

in the near future. The regulations

would become effective 60 days

following publication in the Federal

Register.

List of Subjects in Parts 700 and 723

Environmental protection, Chemicals,

Hazardous materials, Premanufacture

notification, Reporting and

recordkeeping requirements, Significant

new use.

Dated: February 16, 1995.

Joseph A. Carra,

Acting Director, Office of Pollution Prevention

and Toxics.

[FR Doc. 95–4473 Filed 2–22–95; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 10 and 12

[CGD 94–029]

RIN 2115–AE94

Modernization of Examination Methods

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

amend the rules that require Coast

Guard-administered written

examinations for merchant marine

license and unlicensed rating applicants

to remove references to ‘‘written’’

examinations and to broaden the scope

of those authorized to perform the

testing of applicants. These changes

reflect the Coast Guard’s efforts to

develop alternative media testing and

the use of private and public sector

testing services for examination of these

applicants. The development of more

effective and modernized testing of

applicants for merchant marine licenses

and unlicensed ratings will enhance the

safety of the maritime environment.

DATES: Comments must be received on

or before May 24, 1995.

ADDRESSES: Comments may be mailed to

the Executive Secretary, Marine Safety

Council (G–LRA/3406) (CGD 94–029),

U.S. Coast Guard Headquarters, 2100

Second Street SW., Washington, DC

20593–0001, or may be delivered to

room 3406 at the same address between

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays. The

telephone number is (202) 267–1477.

The Executive Secretary maintains the

public docket for this rulemaking.

Comments will become part of this

docket and will be available for

inspection or copying at room 3406,

U.S. Coast Guard Headquarters, between

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert S. Spears, Jr., Project Manager,

Office of Marine Safety, Security, and

Environmental Protection (G–MVP–3),

(202) 267–0224.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses, identify this rulemaking

(CGD 94–029) and the specific section of

this proposal to which each comment

applies, and give the reason for each

comment. Please submit two copies of

all comments and attachments in an

unbound format, no larger than 8 by 11

inches, suitable for copying and

electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose stamped, self-addressed

postcards or envelopes.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments.

The Coast Guard plans no public

hearing. Persons may request a public

hearing by writing to the Marine Safety

Council at the address under

ADDRESSES. The request should include

the reasons why a hearing would be

beneficial. If it determines that the

opportunity for oral presentations will

aid this rulemaking, the Coast Guard

will hold a public hearing at a time and

place announced by a later notice in the

Federal Register.

Drafting Information

The principal persons involved in

drafting this document are Mr. Robert S.

Spears, Jr., Project Manager, Office of

Marine Safety, Security, and

Environmental Protection, and Ms.

Helen Boutrous, Project Counsel, Office

of Chief Counsel.

Background and Purpose

Currently, Coast Guard regulations

require that applicants for merchant
10054 Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Proposed Rules

marine licenses and unlicensed ratings

pass written examinations. During the

latter part of 1993, the Coast Guard

conducted focus group meetings and

discussions which addressed the future

of Coast Guard licensing. Specifically,

the group looked at ways to improve

and modernize merchant mariner

examinations. Although the focus group

was composed entirely of military and

civilian Coast Guard members, maritime

industry representatives are

participating in the implementation of

focus group report recommendations.

The ‘‘Licensing 2000 and Beyond’’

Focus Group Report (November, 1993),

a copy of which is available in the

public docket for this rulemaking [94–

029] where indicated under ADDRESSES

above, recommends that the Coast

Guard’s Marine Licensing Program

adopt new methods of verifying

competency, including practical

demonstrations and the use of

simulators. Practical demonstrations

and simulators would provide more

effective means of testing the skills of

the applicants by requiring proper

actions and reactions during real-time,

real-world scenarios. Electronic

methods of examination are employed

by private and public sector

organizations. There is increasing use of

‘‘Third or Fourth Party’’ testing systems

that maximize the significant benefits

new technology offers. The Focus Group

Report defined a ‘‘Third Party’’ as one

who trains or teaches the mariner, and

a ‘‘Fourth Party’’ as someone, other than

the Coast Guard or a Third Party trainer,

who administers a test or makes a

subjective judgement about the

competency of an individual applicant.

The Coast Guard is exploring the

possibility of implementing electronic

testing methods and the use of ‘‘Third-

’’ or ‘‘Fourth-Party’’ testing services.

However, 46 CFR 10.205, 10.207,

10.901, 12.05–9, 12.10–5, 12.15–9, and

12.20–5, specify that applicants pass

written (or oral) examinations. Because

the Coast Guard is considering the use

of other proven methods of proficiency

testing which could significantly

improve a very critical aspect of the

Coast Guard’s qualification system, this

final rule removes the word ‘‘written’’

from the regulations governing

merchant marine examinations and

makes minor revisions to reflect the

possible use of private and public sector

testing services.

By a later notice in the Federal

Register, the Coast Guard will provide

results of its efforts to modernize the

examinations and will describe the new

examination methods before they are

implemented.

Discussion of Proposed Rules

This NPRM proposes to remove the

word ‘‘written’’ from the regulations

pertaining to Coast Guard administered

examinations for merchant marine

license and raise of grade of license

applicants (46 CFR 10.205(i)(1),

10.207(d)(1), 10.217(a)(1),(2), and

10.901(a)), and for unlicensed rating

applicants (46 CFR 12.05–9(a) and (b),

12.10–5(a) and (b), 12.15–9(a) and (c),

and 12.20–5). Also, minor revisions are

proposed which would allow the Coast

Guard Officer in Charge, Marine

Inspection (OCMI) to authorize the

testing of applicants through use of

private and public sector testing

services. These revisions reflect the

Coast Guard’s efforts to develop more

modern, efficient, and effective

examination methods.

Sections 12.05–9(b), 12.10–5(a),

12.15–9(a), and 12.20–5 regarding

examinations for able seaman,

lifeboatman, qualified member of the

engine department and tankerman,

respectively, continue to require that the

examinations be conducted in the

English language. This requirement

continues to be necessary to ensure that

personnel in these critical positions will

sufficiently understand orders that

could come under the stress of an

emergency situation. The ability to

understand orders under such

conditions could make the critical

difference in life-threatening situations.

Regulatory Evaluation

This proposal is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has not been reviewed by the

Office of Management and Budget under

that order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

[44 FR 11040 (February 26, 1979)]. The

Coast Guard expects no economic

impact from this rule, and a full

Regulatory Evaluation under paragraph

10e of the regulatory policies and

procedures of DOT is unnecessary. The

revisions made reflect the Coast Guard’s

efforts to improve and modernize

examination methods for mariners. The

revisions would result in no additional

costs to the industry.

Small Entities

Under the Regulatory Flexibility Act

[5 U.S.C. 601 et seq.], the Coast Guard

must consider the economic impact on

small entities of a rule for which a

general notice of proposed rulemaking

is required. ‘‘Small entities’’ may

include (1) small businesses and not-forprofit organizations that are

independently owned and operated and

are not dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000. This

proposal would place no additional

costs on the public. Because it expects

the impact of this proposal to be

minimal, the Coast Guard certifies

under 5 U.S.C. 605(b) that this proposal,

if adopted, will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This proposal contains no new

collection-of-information requirements

under the Paperwork Reduction Act [44

U.S.C. 3501 et seq.].

Federalism

The Coast Guard has analyzed this

proposal under the principles and

criteria contained in Executive Order

12612 and has determined that it does

not have sufficient implications for

federalism to warrant the preparation of

a Federalism Assessment. The authority

to develop and administer examinations

for merchant marine license and

document applicants has been

committed to the Coast Guard by

Federal statutes. The Coast Guard does

not expect this proposal to raise any

preemption issues, however, the Coast

Guard does intend to preempt State and

local actions on the same subject matter.

Environment

The Coast Guard considered the

environmental impact of this proposal

and concluded that, under paragraph

2.B.2 of Commandant Instruction

M16475.1B, this proposal is

categorically excluded from further

environmental documentation. The

proposal is an administrative matter

within the meaning of paragraph 2.B.2.l.

of Commandant Instruction M16475.1B

that clearly has no environmental

impact.

List of Subjects

46 CFR Part 10

Reporting and recordkeeping

requirements, schools, Seamen.

46 CFR Part 12

Reporting and recordkeeping

requirements, Seamen.

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 46 CFR parts 10 and 12 as

follows:
Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Proposed Rules 10055

PART 10—LICENSING OF MARITIME

PERSONNEL

1. The authority citation for part 10

continues to read as follows:

Authority: 31 U.S.C. 9701, 46 U.S.C. 2103,

7101, 7106, 7107; 49 CFR 1.45, 1.46; § 10.107

also issued under the authority of 44 U.S.C.

3507.

2. In § 10.205, paragraph (i)(1) is

revised to read as follows:

§ 10.205 Requirements for original

licenses and certificates of registry.

* * * * *

(i) Professional Examination. (1)

When the applicant’s experience and

training are found to be satisfactory and

the applicant is eligible in all other

respects, the OCMI authorizes the

examination of the applicant in

accordance with the following

requirements:

(i) Applicants for deck or engineer

licenses limited to vessels not exceeding

500 gross tons, and licenses limited to

uninspected fishing industry vessels,

may request an oral-assisted

examination in lieu of any written or

otherwise textual examination(s). If

there are textual questions these

applicants have difficulty reading and

understanding, the oral-assisted

examination shall be offered. Any

license based on oral-assisted

examination is limited to the specific

route and type of vessel upon which the

majority of service was obtained.

(ii) The instructions for

administration of examinations and the

lists of subjects for all licenses are

contained in subpart I of this part. A

record indicating the subjects covered is

placed in the applicant’s license file.

* * * * *

3. In § 10.207, paragraph (d)(1) is

revised to read as follows:

§ 10.207 Requirements for raise of grade

of license.

* * * * *

(d) Professional Examination. (1)

When an applicant’s experience and

training for raise of grade are found to

be satisfactory and he or she is eligible

in all other respects, the OCMI

authorizes the examination of the

applicant. Oral-assisted examinations

may be administered in accordance with

§ 10.205(i)(1). A record indicating the

subjects covered is placed in the

applicant’s license file. The general

instructions and list of subjects are

contained in subpart I of this part.

* * * * *

4. In § 10.217, the second sentences of

paragraphs (a)(1) and (a)(2) are revised

to read as follows:

§ 10.217 Examination procedures and

denial of licenses.

(a)(1) * * * For a Coast Guard

administered examination, the

examination fee set out in § 10.109 must

be paid prior to taking the first

examination section. * * *

(2) * * * For a Coast Guard

administered examination, the

examination fee set out in § 10.109 must

be paid prior to taking the first

examination section. * * *

* * * * *

5. In § 10.901, paragraph (a) is revised

to read as follows:

§ 10.901 General provisions.

(a) An applicant for any license listed

in this part must pass examinations on

the appropriate subjects listed in this

subpart, except as noted in § 10.903(b).

* * * * *

PART 12—CERTIFICATION OF

SEAMEN

6. The authority citation for part 12

continues to read as follows:

Authority: 31 U.S.C. 9701, 46 U.S.C. 2103,

2110, 7301, 7302; 49 CFR 1.46.

7. In § 12.05–9, paragraph (a) and the

introductory language of paragraph (b)

are revised to read as follows:

§ 12.05–9 Examination and demonstration

of ability.

(a) Before an applicant is certified as

able seaman, he or she shall prove to the

satisfaction of the Coast Guard by oral

or other means of examination and by

actual demonstration, his or her

knowledge of seamanship and the

ability to carry out effectively all the

duties that may be required of an able

seaman, including those of a

lifeboatman. The applicant shall

demonstrate that he or she—

(1) Has been trained in all the

operations connected with the

launching of lifeboats and liferafts, and

the use of oars and sails;

(2) Is acquainted with the practical

handling of boats; and

(3) Is capable of taking command of

the boat’s crew.

(b) The examination, whether

administered orally or by other means,

shall be conducted only in the English

language and shall consist of questions

regarding:

* * * * *

8. In § 12.10–5, paragraph (a) and the

introductory language of paragraph (b)

are revised to read as follows:

§ 12.10–5 Examination and demonstration

of ability.

(a) Before a lifeboatman’s certificate

may be granted, he or she shall prove to

the satisfaction of the Coast Guard by

oral or other means of examination and

by actual demonstration, his or her

knowledge of seamanship and the

ability to carry out effectively all the

duties that may be required of an able

seaman, including those of a

lifeboatman. The applicant will

demonstrate that he or she—

(1) Has been trained in all the

operations connected with the

launching of lifeboats and liferafts, and

the use of oars and sails;

(2) Is acquainted with the practical

handling of boats; and

(3) Is capable of taking command of

the boat’s crew.

(b) The examination, whether

administered orally or by other means,

shall be conducted only in the English

language and shall consist of questions

regarding:

* * * * *

9. In § 12.15–9, the first sentence of

paragraph (a), and paragraph (c) are

revised to read as follows:

§ 12.15–9 Examination requirements.

(a) An applicant for certification as a

qualified member of the engine

department in the ratings of oiler,

watertender, fireman, deck engineer,

refrigeration engineer, junior engineer,

electrician, and machinist shall be

examined orally or by other means and

only in the English language on the

subjects listed in paragraph (b) of this

section. * * *

* * * * *

(c) An applicant for certification as a

qualified member of the engine

department in the ratings of pumpman

shall, by oral or other examination,

demonstrate sufficient knowledge of the

subjects peculiar to that rating to satisfy

the Officer in Charge, Marine

Inspection, that he or she is qualified to

perform the duties of that rating.

* * * * *

10. In § 12.20–5, the first sentence is

revised to read as follows:

§ 12.20–5 Examination requirements.

Any applicant for certification as

tankerman must prove to the

satisfaction of the Coast Guard by oral

or other examination conducted only in

the English language that he or she is

familiar with the general arrangement of

cargo tanks, suction and discharge

pipelines and valves, cargo pumps and

cargo hose, and has been properly

trained in the actual operation of cargo

pumps, all other operations connected

with the loading and discharging of

cargo, and the use of fire-extinguishing

equipment. * * *
10056 Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Proposed Rules

Dated: February 16, 1995.

J.C. Card,

Rear Admiral, U.S. Coast Guard Chief, Office

of Marine Safety, Security and Environmental

Protection.

[FR Doc. 95–4406 Filed 2–22–95; 8:45 am]

BILLING CODE 4910–14–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[CI Docket No. 95–6, FCC 95–24]

Practice and Procedure

AGENCY: Federal Communications

Commission.

ACTION: Notice of proposed rulemaking.

SUMMARY: The FCC proposes to amend

its regulations regarding forfeitures by

adding a note incorporating guidelines

for assessing forfeitures. This action is

being taken in response to a decision by

the United States Court of Appeals for

the District of Columbia which vacated

the Commission’s 1993 Forfeiture Policy

Statement because the Court found it

should have been subject to Notice and

Comment rulemaking proceedings. The

Commission is requesting comments on

the advantages or disadvantages of

adopting forfeiture guidelines, and on

the reasonableness of proposed base

forfeiture amounts applicable to

violations in the various services.

DATES: All comments must be received

by March 27, 1995. Reply comment

period April 17, 1995.

ADDRESSES: Comments must be

submitted be sent to the Office of the

Secretary, Federal Communications

Commission, Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT:

Magalie Salas, (202) 418–1150, or Ana

Curtis, (202) 418–1160, Compliance and

Information Bureau.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rulemaking, adopted January

13, 1995, and released on February 10,

1995. The complete text of this

Commission action is available for

copying during normal business hours

in the FCC Reference Center (Room

239), 1919 M Street, NW, Washington,

D.C., 20554. The complete text of this

Notice of Proposed Rulemaking may

also be purchased from the

Commission’s copy contractor,

International Transcription Services,

Inc. (ITS), 2100 M Street, NW, Suite

140, Washington, D.C. 20037, telephone

number (202) 857–3800.

Summary of Notice of Proposed

Rulemaking

1. The Commission is proposing

forfeiture guidelines which would be

used to aid the Commission in

determining the appropriate range of

forfeitures for various offenses, ensure

treatment of similarly situated offenders

and provide clearer guidance to the

public regarding the forfeitures that can

be expected in response to specific

violations.

2. If adopted, § 1.80 of the

Communication’s rules would be

amended to include a note

incorporating the 1993 version of the

Commission’s Forfeiture Policy

Statement, see Policy Statement,

Standards for Assessing Forfeitures, 6

FCC Rcd 4695 (1991), recon. denied, 7

FCC Rcd 5339 (1992), revised, 8 FCC

Rcd 6215 (1993).

List of Subjects in 47 CFR Part 1

Administrative practice and

procedure, Penalties.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 95–4330 Filed 2–22–95; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Part 68

[CC Docket No. 94–102: DA 95–141]

Ensuring Compatibility With Enhanced

911 Emergency Calling Systems

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule; extension of time

for reply comments.

SUMMARY: By Order adopted February 1,

1995, the Commission granted a request

for extension of time of the reply

comment period in this proceeding

concerning enhanced 911 emergency

calling systems. This action was taken

as a result of motions filed by the

Personal Communications Industry

Association (PCIA) and the Association

of Public-Safety Communications

Officials-International, Inc. (APCO).

Intended effect of action is to develop a

more complete record.

DATES: Reply comments are due on or

before March 17, 1995.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Alan A. Thomas, Domestic Services

Branch, Common Carrier Bureau,

telephone (202) 634–1802.

SUPPLEMENTARY INFORMATION: This is a

summary to two Motions for Extension

of Time for filing reply comments to the

Commission’s Notice of Proposed Rule

Making (NPRM) in CC docket No. 94–

102, released October 19, 1994 [59 FR

54878, November 2, 1994.] The

comment date was January 9, 1995, and

the original reply comment date was

February 8, 1995. The Commission

noted that extension of time are not

routinely granted; however, the public

safety issues in this proceeding are

obvious and significant. Given the over

1500 pages already filed, the

Commission agreed that it would be in

the public interest to extend the time in

which to file reply comments.

Federal Communications Commission.

Kathleen M.H. Wallman,

Cheif, Common Carrier Bureau.

[FR Doc. 95–4331 Filed 2–22–95; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; 12-Month Finding for a

Petition to List the Alexander

Archipelago Wolf as Threatened

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of 12-month petition

finding.

SUMMARY: The Fish and Wildlife Service

(Service) announces a 12-month finding

for a petition to list the Alexander

Archipelago wolf (Canis lupus ligoni)

under the Endangered Species Act, as

amended. After review of all available

scientific information, the Service finds

that listing this species is not warranted

at this time.

DATES: The finding announced in this

document was made on February 15,

1995.

ADDRESSES: Comments and materials

concerning this petition should be sent

to U.S. Fish and Wildlife Service, 1011

E. Tudor Road, Anchorage, Alaska,

99503. Comments and materials

received will be available for public

inspection, by appointment, during

normal business hours at the above

address.

FOR FURTHER INFORMATION CONTACT:

Janet Hohn, Assistant Regional Director,

Ecological Services (see ADDRESSES

section) (telephone 907/786–3544).