17494 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules

6The test procedure already is recognized by the

industry as an accurate and appropriate test

procedure, having been adopted as an official

ASTM procedure after going through ASTM’s

consensus approval process.

7For loose-fill cellulose insulation, the R-value

tests must be conducted on test specimens prepared

at the product’s long-term, or settled, density,

determined according to paragraph 8 of ASTM C–

739–88 (‘‘Standard Specification for Cellulosic

Fiber (Wood-Base) Loose-Fill Thermal Insulation,’’

approved Oct. 25, 1988, published April 1989). For

loose-fill mineral wool insulation, the R-value tests

must be conducted on test specimens that fully

reflect the effect of settling on the product’s Rvalue. For polyurethane, polyisocyanurate, and

extruded polystyrene insulation, the R-value tests

must be conducted on test specimens that fully

reflect the effect of aging on the product’s R-value,

for example, specimens aged according to the

procedure in paragraph 4.6.4 of General Services

Administration (GSA) Specification HH–I–530A, or

another reliable procedure.

8For single sheet reflective foil home insulations,

the Rule allows manufacturers to determine R-value

according to two options: By conducting R-value

tests according to ASTM C–236–87 or ASTM C–

976–82; or by measuring the emissivity (reflectivity)

of the product according to ASTM E–408 (or

another test method that provides comparable

results), and then determining the R-value for the

measured emissivity level, and the air space and

direction of heat flow for the intended application,

using the tables in the most recent edition of the

American Society of Heating, Refrigerating, and AirConditioning Engineers’ (ASHRAE) handbook

(using the R-value shown for 50 °F, with a

temperature differential of 30 °F).

compares favorably to the test

procedures already required by the Rule

(so the amendment likely would not

lessen consumer protection),6 the

proposed amendment appears to be

non-substantive under Section

18(d)(2)(B) of the FTC Act, 15 U.S.C.

57a(d)(2)(B). Because the amendment

appears to be non-substantive, the

Commission believes that it does not

need to solicit public comment or

follow the lengthy rulemaking

proceedings that would be required for

a substantive amendment to the rule. On

the other hand, because the Commission

is soliciting comments as part of its

regulatory review of the Rule, the

Commission has determined in its

discretion to solicit comments on the

proposed amendment.

IV. Solicitation of Comments

A. Regulatory Review

As part of its on-going regulatory

review program for all its rules and

guides, the Commission solicits public

comments on the following questions:

(1) Is there a continuing need for the Rvalue Rule?

(a) What benefits has the Rule

provided to purchasers of the

products or services affected by the

Rule?

(b) Has the Rule imposed costs on

purchasers?

(2) What changes, if any, should be

made to the Rule to increase the

benefits of the Rule to purchasers?

(a) How would these changes affect

the costs the Rule imposes on firms

subject to its requirements?

(3) What significant burdens or costs,

including costs of compliance, has

the Rule imposed on firms subject

to its requirements?

(a) Has the Rule provided benefits to

such firms?

(4) What changes, if any, should be

made to the Rule to reduce the

burdens or costs imposed on firms

subject to its requirements?

(a) How would these changes affect

the benefits provided by the Rule?

(5) Does the Rule overlap or conflict

with other federal, state, or local

laws or regulations?

(6) Since the Rule was issued, what

effects, if any, have changes in

relevant technology or economic

conditions had on the Rule?

In addition to the questions raised

above, the Commission solicits

comments on the following issues. First,

should the Rule be revised to require the

use of different test procedures or

specifications than those currently

specified for certain types of products?

In addition to specifying R-value test

procedures, the Rule currently specifies

procedures that must be followed in

preparing specimens of certain types

and forms of home insulation for testing

under the R-value test procedures.7 The

Rule also contains specific requirements

for determining the R-values of

reflective home insulation products

(which perform as thermal insulation

only when installed as a system with

one or more air spaces).8 The

Commission thus solicits comments

concerning whether the Rule should be

amended to specify different or

additional test procedures or

specifications for insulation products

specifically addressed in the Rule.

Second, are the insulation products

for which the Rule does not sufficiently

address product-specific issues relating

to testing or preparation of test

specimens? As noted, in some instances

the Rule provides particular procedures

to be followed in preparing specimens

for R-value testing where the

Commission found there was postinstallation effects (e.g., settling of

loose-fill insulation products, aging of

certain cellular plastics insulation

products) that need to be considered.

During the period since the Commission

promulgated the Rule, additional home

insulation products designed to slow

down heat flow have been developed

and automatically have been covered by

the Rule. However, because these

products did not exist when the Rule

was issued, the Rule currently contains

no specific test specimen preparation

provisions for these new products. The

Commission, therefore, solicits

comments on whether the Rule should

be revised to specify the manner in

which specimens of new products

should be prepared for R-value testing

to ensure that R-values and related

information are accurate and based on

uniform standards.

B. Non-Substantive Amendment

The Commission solicits comments

concerning the Petition and the

Commission’s proposal to adopt a nonsubstantive amendment to the Rule that

would recognize ASTM C–1114–92 as

an acceptable test method for

determining the R-value of home

insulation products under Section 460.5

of the R-value Rule, 16 CFR 460.5.

Interested parties are invited to submit

any data or other information relevant to

whether the Commission should adopt

the proposed amendment.

List of Subjects in 16 CFR Part 460

Advertising, Incorporation by

reference, Insulation, Labeling, Trade

practices.

Authority: 15 U.S.C. 41 et seq.

By the direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 95–8471 Filed 4–5–95; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF THE TREASURY

27 CFR Parts 55, 72, 178, and 179

[Notice No. 807]

RIN 1512–AB35

Implementation of Public Law 103–322,

the Violent Crime Control and Law

Enforcement Act of 1994 (94F–022P)

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Department of the

Treasury.

ACTION: Proposed rulemaking cross

referenced to temporary regulations.

SUMMARY: In the Rules and Regulations

portion of this Federal Register, the

Bureau of Alcohol, Tobacco and

Firearms (ATF) is issuing temporary

regulations regarding the

implementation of Public Law 103–322,

the Violent Crime Control and Law

Enforcement Act of 1994. These

regulations implement the law by

restricting the manufacture, transfer,

and possession of certain semiautomatic

assault weapons and large capacity
Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Proposed Rules 17495

ammunition feeding devices.

Regulations are also prescribed with

regard to reports of theft or loss of

firearms from a licensee’s inventory or

collection, new requirements for Federal

firearms licensing, responses by

firearms licensees to requests for gun

trace information, and possession of

firearms by persons subject to

restraining orders. The temporary

regulations also serve as the text of this

notice of proposed rulemaking for final

regulations.

DATES: Written comments must be

received on or before July 5, 1995.

ADDRESSES: Send written comments to:

Chief, Regulations Branch; Bureau of

Alcohol, Tobacco and Firearms; P.O.

Box 50221; Washington, DC 20091–

0221; Attn.: Notice No. 807.

FOR FURTHER INFORMATION CONTACT:

James P. Ficaretta, Regulations Branch,

Bureau of Alcohol, Tobacco and

Firearms, 650 Massachusetts Avenue,

NW., Washington, DC 20226 (202–927–

8230).

SUPPLEMENTARY INFORMATION:

Executive Order 12866

It has been determined that this

proposed rule is not a significant

regulatory action as defined in E.O.

12866, because the economic effects

flow directly from the underlying

statute and not from this temporary rule.

Therefore, a regulatory assessment is not

required.

Regulatory Flexibility Act

It is hereby certified that these

proposed regulations will not have a

significant economic impact on a

substantial number of small entities.

Accordingly, a regulatory flexibility

analysis is not required. The revenue

effects of this rulemaking on small

businesses flow directly from the

underlying statute. Likewise, any

secondary or incidental effects, and any

reporting, recordkeeping, or other

compliance burdens flow directly from

the statute.

Paperwork Reduction Act

The collections of information

contained in this notice have been

submitted to the Office of Management

and Budget for review in accordance

with the Paperwork Reduction Act of

1980 (44 U.S.C. 3504(h)). Comments on

the collections of information should be

sent to the Office of Management and

Budget, Paperwork Reduction Project

1512–0526, Attention: Desk officer for

the Department of the Treasury, Bureau

of Alcohol, Tobacco and Firearms,

Office of Information and Regulatory

Affairs, Washington, DC 20503, with

copies to the Chief, Information

Programs Branch, Room 3450, Bureau of

Alcohol, Tobacco, and Firearms, 650

Massachusetts Avenue, NW.,

Washington, DC 20226.

The collections of information in this

proposed regulation are in 27 CFR

178.40(c), 178.40a(c), 178.129(e),

178.132, and 178.133. This information

is required by ATF to ensure

compliance with the provisions of Pub.

L. 103–322 (108 Stat. 1796). The likely

respondents and recordkeepers are

individuals and businesses. Estimated

total annual reporting and

recordkeeping burden: 2.52 hours.

Estimated number of respondents and

recordkeepers: 2,206,555. Total annual

hours requested: 699,863. Additional

collections of information contained in

this proposed regulation which have

approved control numbers are in

§§ 178.39a (OMB No. 1512–0524),

178.47 (OMB Nos. 1512–0522 and

1512–0523), 178.52 (OMB No. 1512–

0525), and 178.119 (OMB Nos. 1512–

0017, 1512–0018, and 1512–0019).

Public Participation

ATF requests comments on the

temporary regulations from all

interested persons. Comments received

on or before the closing date will be

carefully considered. Comments

received after that date will be given the

same consideration if it is practical to

do so, but assurance of consideration

cannot be given except as to comments

received on or before the closing date.

ATF will not recognize any material

in comments as confidential. Comments

may be disclosed to the public. Any

material which the commenter

considers to be confidential or

inappropriate for disclosure to the

public should not be included in the

comment. The name of the person

submitting a comment is not exempt

from disclosure.

Any interested person who desires an

opportunity to comment orally at a

public hearing should submit his or her

request, in writing, to the Director

within the 90-day comment period. The

Director, however, reserves the right to

determine, in light of all circumstances,

whether a public hearing is necessary.

The temporary regulations in this

issue of the Federal Register amend the

regulations in 27 CFR Parts 55, 72, 178,

and 179. For the text of the temporary

regulations, see T.D. ATF–363

published in the Rules and Regulations

section of this issue of the Federal

Register.

Drafting Information

The author of this document is James

P. Ficaretta, Regulations Branch, Bureau

of Alcohol, Tobacco and Firearms.

Signed: February 10,1995.

Daniel R. Black,

Acting Director.

Approved: February 27, 1995.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff

and Trade Enforcement).

[FR Doc. 95–8234 Filed 4–3–95; 4:18 pm]

BILLING CODE 4810–31–U

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Parts 902, 926, 934, and 950

Alaska, Montana, North Dakota, and

Wyoming Regulatory Programs

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Announcement of public

comment period and opportunity for

public hearing.

SUMMARY: OSM is requesting public

comment that would be considered in

deciding how to implement in Alaska,

Montana, North Dakota, and Wyoming

underground coal mine subsidence

control and water replacement

provisions of the Surface Mining

Control and Reclamation Act of 1977

(SMCRA), the implementing Federal

regulations, and/or the counterpart State

provisions. Recent amendments to

SMCRA and the implementing Federal

regulations require that underground

coal mining operations conducted after

October 24, 1992, promptly repair or

compensate for subsidence-caused

material damage to noncommercial

buildings and to occupied dwellings

and related structures. These provisions

also require such operations to promptly

replace drinking, domestic, and

residential water supplies that have

been adversely affected by underground

coal mining.

OSM must decide if the Alaska,

Montana, North Dakota, and Wyoming

regulatory programs (hereinafter

referred to as the ‘‘Alaska, Montana,

North Dakota, and Wyoming programs’’)

currently have adequate counterpart

provisions in place to promptly

implement the recent amendments to

SMCRA and the Federal regulations.

After consultation with Alaska,

Montana, North Dakota, and Wyoming

and consideration of public comments,