12186 Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Proposed Rules

equipment. To comply with either of the

two compliance programs, operators of

the affected buses must use equipment

which has been certified by the Agency.

Emissions requirements under either

of the two programs depend on the

availability of retrofit/rebuild

equipment certified for each engine

model. Engelhard has requested that

this application be considered under

Program 2 only. Therefore, certification

of this equipment will not trigger any

requirements under Program 1.

Equipment certified for Program 2 must

provide some level of PM reduction that

can in turn be claimed by urban bus

operators when calculating their average

fleet PM levels attained under the

program.

II. Notification of Intent To Certify

By a notification of intent to certify

dated October 24, 1994, Engelhard

Corporation has applied for certification

of equipment applicable to certain

petroleum-fueled diesel engines, DDC

6V92TA MUI engines, used in urban

buses of 1989 and earlier model years.

The notification of intent to certify

states that the candidate equipment will

be certified at a maximum particulate

matter (PM) emission level of 0.25 g/

bhp-hr. Since this application is being

submitted only under Program 2, and

life cycle cost data is not required,

certification will permit the use of this

retrofit/rebuild equipment but will not

specifically require its usage; nor will

certification lead to more stringent

emission standards for operators of

fleets using the engines affected. The

use of the equipment by transit

operators to meet Program 2

requirements is discussed further below.

Major components of the candidate

equipment are: (1) A muffler containing

an oxidation catalyst, which takes the

place of the original exhaust system

muffler; (2) and a rebuild kit which

incorporates a ceramic in-cylinder

coating. The notification of intent to

certify states that the candidate

equipment is applicable to the following

engines:

Manufacturer Engine model Model years

DDC .............. 6V92TA MUI . 1979–1989

Engelhard presents exhaust emission

data from testing the equipment on a

recently rebuilt 1985 model year DDC

6V92TA MUI engine documenting PM

emissions using the heavy-duty engine

Federal Test Procedure. The PM

emissions from this test equalled 0.22 g/

bhp-hr. Exhaust testing with the

equipment installed also showed that

hydrocarbon (HC), carbon monoxide

(CO), and oxides of nitrogen (NOx),

emissions were less than the federal

emission standards for 1987. Smoke

emission measurements for the engine

with the candidate equipment installed

indicate compliance with applicable

standards.

Engelhard has requested certification

only under Program 2. Engelhard is

applying for certification to a post

rebuild PM level of 0.25 g/bhp-hr with

the equipment installed on the DDC

6V92TA MUI engine. If the Agency

approves Engelhard’s request to certify

this candidate equipment, urban bus

operators who choose to comply with

Program 2 of the urban bus regulation

may use this equipment, but it would

not be specifically required. If this

equipment is certified, operators under

Program 2 using this equipment will use

the PM emission level(s) established

during the certification review process,

in the calculations for fleet level

attained (FLA).

At a minimum, EPA expects to

evaluate this notification of intent to

certify, and other materials submitted as

applicable, to determine whether there

is adequate demonstration of

compliance with: (1) The certification

requirements of § 85.1406, including

whether the testing accurately

substantiates the claimed emission

reduction or emission levels; and, (2)

the requirements of § 85.1407 for a

notification of intent to certify.

The Agency requests that those

commenting also consider these

regulatory requirements, plus provide

comments on any experience or

knowledge concerning: (a) Problems

with installing, maintaining, and/or

using the candidate equipment on

applicable engines; and, (b) whether the

equipment is compatible with affected

vehicles.

The date of this notice initiates a 45

day period during which the Agency

will accept written comments relevant

to whether or not the equipment

described in the Engelhard notification

of intent to certify should be certified

pursuant to the urban bus retrofit/

rebuild program. Interested parties are

encouraged to review the notification of

intent to certify and provide comments

during the 45 day period. Please send

separate copies of your comments to

each of the above addresses.

The Agency will review this

notification of intent to certify, along

with comments received from interested

parties, and attempt to resolve or clarify

issues as necessary. During the review

process, the Agency may add additional

documents to the docket as a result of

the review process. These documents

will also be available for public review

and comment within the 45 day period.

Richard Wilson,

Acting Assistant Administrator for Air and

Radiation.

[FR Doc. 95–5405 Filed 3–3–95; 8:45 am]

BILLING CODE 6560–50–P

NATIONAL FOUNDATION FOR THE

ARTS AND HUMANITIES

Institute of Museum Services

45 CFR Part 1180

Competitive Grants Technical

Amendments

AGENCY: Institute of Museum Services,

NFAH.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Institute of Museum

Services issues proposed amendments

to regulations relating to its General

Operating Support and Conservation

Project Support grant programs. The

regulations as amended implement the

Museum Services Act. The amendments

make technical and other changes in the

eligibility conditions, use of funds,

audit requirements, amount of awards,

and remove unneeded provisions.

DATES: Comments must be received on

or before May 1, 1995.

ADDRESSES: Comments should be

addressed to Mamie Bittner, Public

Information Officer, Institute of

Museum Services, Room 510, 1100

Pennsylvania Avenue NW., Washington,

DC 20506.

FOR FURTHER INFORMATION CONTACT:

Rebecca Danvers, Program Director,

Telephone: (202) 606–8539.

SUPPLEMENTARY INFORMATION:

General Background

The Museum Services Act (‘‘the Act’’

which is Title II of the Arts, Humanities

and Cultural Affairs Act of 1976, was

enacted on October 8, 1976 and

amended in 1980, 1982, 1984, 1985, and

1990). The purpose of the Act is stated

in section 202 as follows:

It is the purpose of the Museum

Services Act to encourage and assist

museums in their educational role in

conjunction with formal systems of

elementary, secondary, and post

secondary education and with programs

of non-formal education for all age

groups: to assist museums in

modernizing their methods and

facilities so that they may be better able

to conserve our cultural, historic, and

scientific heritage and to ease the

financial burden borne by museums as
Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Proposed Rules 12187

a result of their increasing use by the

public.

The Act establishes an Institute of

Museum Services (IMS) consisting of a

National Museums Services Board and

Director.

The Act provides that the National

Museum Services Board shall consist of

fifteen members appointed for fixed

terms by the President with the advice

and consent of the Senate. The

Chairman of the Board is designated by

the President from the appointed

members. Members are broadly

representative of various museum

disciplines, including those relating to

science, history, technology, art, zoos,

and botanical gardens; of the curatorial,

educational, and cultural resources of

the United States; and of the general

public. The Board has the responsibility

for establishing the general policies of

the Institute. The Director is authorized,

subject to the policy direction of the

Board, to make grants under the Act to

museums.

IMS is an independent agency placed

in the National Foundation on the Arts

and the Humanities (National

Foundation). Pub. L. 101–512 Nov. 5,

1990. The Act lists a number of

illustrative activities for which grants

may be made, including assisting

museums to improve their operations.

The Need for the Amendment

The proposed amendment to the

regulations are intended to simplify

application requirements and make the

programs more accessible to the

applicants by making audit

requirements apply evenly to all

applicants, to make awards more

responsive to the needs of applicants by

increasing the maximum amount of

conservation awards by distributing

general operating awards more broadly

across high quality museums and by

assisting in program evaluation.

Amendment by Amendment Analysis

1. Eligibility for applying for General

Operating Support (GOS) grants.

Amendment 1 amends § 1180.5 which

states the eligibility requirements that a

museum must meet in order to be

considered for a grant from the Institute.

The Institute proposes an additional

criteria for applicants to the General

Operating Support program which

would prohibit a museum from

applying if it had two consecutive

awards in the immediately preceding 2-

year cycles, effective 1996. For example,

if a museum applied for and received a

two-year GOS award in 1996 and

applied for and received a two-year GOS

award in 1998, it would not be eligible

to apply for a third award in 2000, but

would be eligible to apply in 2001.

However, if a museum applied for and

received a two-year GOS award in 1996,

and either did not apply in 1998 or

applied for but did not receive an award

in 1998, it would be eligible to apply for

an award in 1999. The result of this

change will allow a higher number of

museums operating at high levels to

benefit from the GOS program awards,

and therefore provide greater benefit.

The criteria would apply to applicants

to the General Operating Support

program only. The year 2000 would be

the first deadline affected by this

proposed rule.

2. Maximum awards for Conservation

Project Support grants.

Amendment 2 revises § 1180.20(f)(1)

which states that IMS normally makes a

conservation award of no more than

$25,000. The Institute proposes to raise

the amount to $50,000. This increase

will provide for the needs of museums

to pursue more expensive projects to

implement the recommendations of

general conservation surveys and of

institutional long range conservation

plans.

3. Deleting ‘‘Special Project’’ from

regulatory language.

Amendments 4 through 9 amend

several regulations to remove references

to a category of assistance no longer

available. The Institute proposes to

remove the term ‘‘Special Project’’ from

the sections of the regulations provided

below. The ‘‘Special Project’’ grant

program has not been offered by the

Institute since 1984. These changes have

no impact on any other program and are

made solely for clarification. The

following sections will have references

to ‘‘Special Project’’ removed:

§§ 1180.17, 1180.35, 1180.40 (reserved),

1180.41, 1180.45, 1180.48 through

1180.50, 1180.58 and 1180.59.

4. Requiring final reports from

recipients of assessment grants.

Amendment 10 revises § 1180.75(d)

which states that a museum receiving a

grant for an assessment need not submit

a financial report or a performance

report. The Institute intends to require

reports from grantees for assessments so

that the Institute will be better able to

evaluate the effectiveness of assessment

programs. The final reporting period

would be extended beyond the normal

deadline of 90 days after the close of the

grant period to allow the museum to

report on actions taken as a result of the

assessment.

Invitation to Comment

Interested persons are invited to

submit comments and recommendations

regarding these proposed regulations.

Written comments and

recommendations may be sent to the

address given at the beginning of this

document. All comments submitted on

or before May 5, 1995, will be

considered before the Director issues

final regulations.

All comments submitted in response

to these proposed regulations will be

available for public inspection, during

and after the comment period, at the

Institute of Museum Services, room 510,

1100 Pennsylvania Ave., NW,

Washington, DC between the hours of

8:30 a.m. and 4:00 p.m., Monday

through Friday of each week except

Federal holidays.

Executive Order 12291

These proposed amendments have

been reviewed in accordance with

Executive Order 12291. They are

classified as non-major because they do

not meet the criteria for major

regulations established in the Order.

List of Subjects in 45 CFR Part 1180

Grant programs, Museums, National

Boards.

Dated: February 28, 1995.

Diane B. Frankel,

Director, Institute of Museum Services.

The Institute of Museum Services

proposes to amend part 1180,

subchapter E of chapter XI of title 45 of

the Code of Federal Regulations as set

forth below:

SUBCHAPTER E—INSTITUTE OF MUSEUM

SERVICES

PART 1180—GRANTS REGULATIONS

1. The authority citation for part 1180

is revised to read as follows:

Authority: 20 U.S.C. 961–969; Pub. L. 97–

100, 95 Stat. 1414; Pub. L. 97–394, 96 Stat.

1994; 29 U.S.C. 794.

1a. Section 1180.5 is amended by

adding paragraph (f) to read as follows:

§ 1180.5 Eligibility and burden of proof—

Who may apply.

* * * * *

(f) In a given year, a museum that has

not received two consecutive General

Operating Support awards in the

immediately preceding two-year cycles

is eligible to apply to General Operating

Support.

2. Section 1180.20 is amended by

revising paragraph (f)(1) to read as

follows:

§ 1180.20 Guidelines and standards for

conservation projects.

* * * * *

(f) Limits for Federal funding. (1) The

normal maximum amount of a

Conservation Project Support grant will
12188 Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Proposed Rules

be established through a notice

published in the Federal Register.

Beginning in FY 1996, the normal

maximum amount is $50,000. Unless

otherwise provided by law, if the

Director determines that exceptional

circumstance warrant, the Director,

consistent with the policy direction of

the Board, may award a conservation

grant which obligates an amount in

Federal funds in excess of the normal

maximum award. IMS may establish a

maximum award level for exceptional

project grants for a particular fiscal year

through information made available in

guidelines or other material distributed

to all applicants.

* * * * *

3. Section 1180.17 is revised to read

as follows:

§ 1180.17 Reports.

In its final reports a grantee shall

briefly detail how the expenditure of the

grant funds has satisfied the proposed

use of the funds as stated in its General

Operating Support application or has

accomplished the proposal as set forth

in its application and has served the

purpose of the Act as reflected in the

applicable evaluation criteria in

§ 1180.14.

Section 1180.35 is amended by

revising paragraphs (a) and (b) to read

as follows:

§ 1180.35 Group applications.

(a) Eligible museums may apply as a

group for a project grant.

(b) If a group of museums applies for

a grant, the members of the group shall

either:

(1) Designate one member of the

group to apply for the grant; or

(2) Establish a separate, eligible legal

entity, consisting solely of the museum

group, to apply for the grant.

* * * * *

§ 1180.40 [Reserved]

5. Section 1180.40 is removed and

reserved.

6. Section 1180.41 is amended by

revising paragraph (a) to read as follows:

§ 1180.41 The cost analysis; basis for

grant amount.

(a) Before the Director sets the amount

of a grant, a cost analysis of the project

is made which involves an examination

of:

(1) The cost data in the detailed

budget for the project;

(2) Specific elements of cost; and

(3) The necessity, reasonableness, and

allowability under applicable statutes

and regulations.

* * * * *

7. Section 1180.45 is amended by

revising the heading and paragraph (a)

to read as follows:

§ 1180.45 Use of consultants.

(a) Subject to Federal statutes and

regulations, a grantee shall adhere to its

general policies and practices when it

hires, uses, and pays a consultant as

part of the staff.

* * * * *

8. Sections 1180.48 through 1180.50

and 1180.58 are revised to read as

follows:

§ 1180.48 General conditions on

publications.

(a) Content of materials. Subject to

any specific requirements that apply to

its grant, a grantee may decide the

format and content of materials that it

publishes or arranges to have published.

(b) Required Statement. The grantee

shall ensure that any publication that

contains materials also contains the

following statement:

The contents of this (insert type of

publication, e.g., book, report, film) were

developed in whole or in part under a grant

from the Institute of Museum Services.

However, the contents do not necessarily

represent the policy of the Institute, and

endorsement by the Federal Government

should not be assumed.

§ 1180.49 Copyright policy for grantees.

A grantee may copyright materials in

accordance with government-wide

policy applicable to copyright of

publications developed under Federal

grants.

§ 1180.50 Definition of ‘‘materials.’’

As used in §§ 1180.48 through

1180.49, materials means a

copyrightable work developed in whole

or in part with funds from a grant from

the Institute.

§ 1180.58 Records related to performance.

(a) A grantee shall keep records

revealing progress and results under the

grant.

(b) The grantee shall use the records

under paragraph (a) of this section to:

(1) Determine progress in

accomplishing objectives; and

(2) Revise those objectives, if

necessary, and authorized under the

grant.

9. Section 1180.59 is amended by

revising paragraph (a) to read as follows:

§ 1180.59 Applicability.

(a) Subparts B and C (§§ 1180.30

through 1180.58) apply to General

Operating Support assistance, except as

otherwise provided in these regulations.

* * * * *

10. Section 1180.75 is amended by

revising paragraph (d) to read as

follows:

§ 1180.75 Funding and award procedures.

* * * * *

(d) A museum receiving assistance

under this subpart must submit a final

financial and narrative report that

evaluates the success of the assessment

and actions taken by the museum as a

result of the assessment. IMS may

request the report be submitted up to 12

months after the close of the grant

period.

(20 U.S.C. 96–969)

* * * * *

[FR Doc. 95–5341 Filed 3–3–95; 8:45 am]

BILLING CODE 7036–01–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 67

[CGD 94–070]

RIN 2115–AE98

Facsimile Filing of Instruments

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

amend its vessel documentation

regulations to provide for optional filing

of commercial instruments by facsimile,

and to establish a filing and recording

handling fee for filing instruments by

facsimile. The option of filing

commercial instruments by facsimile

complements the centralization of Coast

Guard vessel documentation services.

Facsimile filing of commercial

instruments is one way in which a

centralized vessel documentation center

can deliver timely services to distant

vessel documentation customers and be

responsive to time sensitive matters.

Filing commercial instruments by

facsimile should further streamline the

vessel documentation process.

DATES: Comments must be received on

or before May 5, 1995.

ADDRESSES: Comments may be mailed to

the Executive Secretary, Marine Safety

Council (G–LRA/3406) (CGD 94–070),

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