15232 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Rules and Regulations

List of Subjects in 16 CFR Part 1203

Consumer protection, Bicycles,

Incorporation by reference, Infants and

children, Safety.

For the reasons given above, the

Commission adds a new part 1203 of

Title 16 of the Code of Federal

Regulations, to read as follows:

PART 1203—SAFETY STANDARD FOR

BICYCLE HELMETS

Sec.

1203.1 Purpose and basis.

1203.2 Scope and effective date.

1203.3 Interim safety standards.

Authority: Secs. 201–207, Pub. L. 103–267,

108 Stat. 726–729, 15 U.S.C. 6001–6006.

§ 1203.1 Purpose and basis.

The purpose and basis of this rule is

to protect bicyclists from head injuries

by ensuring that bicycle helmets comply

with the requirements of appropriate

existing voluntary standards, as

provided in 15 U.S.C. 6004(a).

§ 1203.2 Scope and effective date.

(a) Bicycle helmets manufactured

after March 15, 1995, shall comply with

the requirements of one of the standards

specified in § 1203.3. This requirement

shall be considered a consumer product

safety standard issued under the

Consumer Product Safety Act.

(b) A bicycle helmet is any headgear

marketed as suitable for providing

protection from head injuries associated

with bicycle use.

(c) These interim mandatory safety

standards will not apply to bicycle

helmets manufactured after the effective

date of a final bicycle helmet standard

to be issued in the future by the

Commission.

§ 1203.3 Interim safety standards.

(a) Bicycle helmets must comply with

one or more of the following standards,

which are incorporated herein by

reference:

(1) American National Standards

Institute (ANSI) standard Z90.4–1984,

Protective Headgear for Bicyclists,

(2) ASTM standards F 1447–93 or F

1447–94, Standard Specification for

Protective Headgear Used in Bicycling,

incorporating the relevant provisions of

ASTM F 1446–93 or ASTM F 1446–94,

Standard Test Methods for Equipment

and Procedures Used in Evaluating the

Performance Characteristics of

Protective Headgear, respectively,

(3) Canadian Standards Association

standard, Cycling Helmets CAN/CSA–

D113.2–M89,

(4) Snell Memorial Foundation (Snell)

1990 Standard for Protective Headgear

for Use in Bicycling (designation B–90),

(5) Snell 1990 Standard for Protective

Headgear for Use in Bicycling, including

March 9, 1994 Supplement (designation

B–90S),

(6) Snell 1994 Standard for Protective

Headgear for Use in Non-Motorized

Sports (designation N–94), or

(7) Snell 1995 Standard for Protective

Headgear for Use with Bicycles B–95.

(b) This incorporation by reference

was approved by the Director of the

Federal Register in accordance with 5

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

of the standards may be obtained as

follows. Copies of the ANSI Z90.4

standard are available from: American

National Standards Institute, 11 W.

42nd Street, 13th Floor, New York, NY

10036. Copies of the ASTM standards

are available from: ASTM, 1916 Race

Street, Philadelphia, PA 19103. Copies

of the Canadian Standards Association

CAN/CSA–D113.2–M89 standard are

available from: CSA, 178 Rexdale

Boulevard, Rexdale (Toronto), Ontario,

Canada, M9W 1R3. Copies of the Snell

standards are available from: Snell

Memorial Foundation, Inc., P.O. Box

493, 7 Flowerfield, Suite 28, St. James,

New York 11780. Copies may be

inspected at the Office of the Secretary,

Consumer Product Safety Commission,

4330 East-West Highway, Bethesda,

Maryland 20814, or at the Office of the

Federal Register, 800 N. Capitol Street

NW, Room 700, Washington, DC.

Dated: March 16, 1995.

Sadye E. Dunn,

Secretary, Consumer Product Safety

Commission.

[FR Doc. 95–7082 Filed 3–22–95; 8:45 am]

BILLING CODE 6355–01–P

DEPARTMENT OF LABOR

Wage and Hour Division

29 CFR Part 500

Migrant and Seasonal Agricultural

Worker Protection Regulations

CFR Correction

In title 29 of the Code of Federal

Regulations, parts 500 to 899, revised as

of July 1, 1994, § 500.268 appearing on

page 50 should be removed and the

following § 500.268 inserted:

§ 500.268 Final decision of the Secretary.

(a) The Secretary’s final Decision and

Order shall be issued within 120 days

from the notice of intent granting the

petition, and served upon all parties and

the Chief Administrative Law Judge, in

person or by certified mail.

(b) Upon receipt of an Order of the

Secretary modifying or vacating the

Decision and Order of an

Administrative Law Judge, the Chief

Administrative Law Judge shall

substitute such Order for the Decision

and Order of the Administrative Law

Judge.

BILLING CODE 1505-01-D

DEPARTMENT OF DEFENSE

Department of the Army

Corps of Engineers

33 CFR Part 334

Danger Zone and Restricted Area

Regulations

AGENCY: Army Corps of Engineers, DOD.

ACTION: Final rule.

SUMMARY: The U.S. Army Corps of

Engineers is amending the regulations

in 33 CFR Part 334 to add a clause that

alerts mariners that potential navigation

and charting errors may occur in the

boundaries of some danger zones and

restricted areas as a result of the

updating and replacement of the North

American Datum of 1927 with the North

American Datum of 1983. The

promulgation of these regulations will

notify mariners that geographic

coordinates establishing danger zone

and restricted area boundaries,

promulgated in 33 CFR Part 334 are not

to be used for plotting on maps and

charts where NAD 83 is referenced

unless the geographic coordinates in the

regulations are expressly labeled ‘‘NAD

83’’. Geographic coordinates without the

NAD 83 reference may be plotted on

charts or maps which are referenced to

NAD 83 only after applying the correct

formula that is published on the map or

chart being used.

EFFECTIVE DATE: April 24, 1995.

FOR FURTHER INFORMATION CONTACT:

Mr. Ralph Eppard at (202) 272–1783.

SUPPLEMENTARY INFORMATION: A datum

is a reference point, line or surface used

as a reference in surveying and

mapping. Through the use of satellites

and other modern surveying techniques,

it is now possible to establish global

reference systems. The North American

Datum of 1983 (NAD 83), a new

adjustment of the U.S. network of

horizontal control, has been adopted as

a standard reference datum by the

United States and Canada. In March

1988, the National Ocean Service,

National Oceanic and Atmospheric

Administration, commenced publishing

charts in NAD 83. The parameters of the

Ellipsoid of reference used with NAD 83

are very close to those used for the
Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Rules and Regulations 15233

World Geodetic System of 1984 (WGS

84). The ellipsoid used for NAD 83,

Geodetic Reference System 1980 (GRS

80), is earth-centered or geocentric as

opposed to the nongeocentric ellipsoids

previously employed. This means that

the center of the ellipsoid coincides

with the center of the mass of the earth.

Any inquiries and requests for further

information regarding NAD 83 and

National Ocean Service nautical charts

should be addressed to: Director, Coast

Survey (NCG2), National Ocean Service,

NOAA, 1315 East-West Highway,

Station 6147, Silver Spring, Maryland

20910–3282.

Pursuant to its authorities in Section

7 of the Rivers and Harbors Act of 1917

(40 Stat. 266; 33 U.S.C. 1) and Chapter

XIX of the Army Appropriations Act of

1919 (40 Stat. 892; 33 U.S.C. 3), the

Corps of Engineers is amending the

regulations in 33 CFR 334 by inserting

the following clause that alerts mariners

to the potential for navigation and

charting errors in consequence of the

NAD 83.

‘‘Geographic coordinates expressed in

terms of latitude or longitude, or both,

are not intended for plotting on maps or

charts whose reference horizontal

datum is the North American Datum of

1983 (NAD 83), unless such geographic

coordinates are expressly labeled NAD

83. Geographic coordinates without the

NAD 83 reference may be plotted on

maps or charts referenced to NAD 83

only after application of the appropriate

corrections that are published on the

particular map or chart being used’’. On

January 24 1995, the Corps published

this change in the Notice of Proposed

Rulemaking section of the Federal

Register (60 FR 4582–4583) with the

comment period ending on February 23,

1995. We received no comments.

Notes

1. The U.S. Army Corps of Engineers

has determined that this rule is not a

major rule within the meaning of

Executive Order 12866 and is in

accordance with the exemption

provided military functions.

2. This rule has been reviewed under

the Regulatory Flexibility Act (Pub. L.

96–354) which requires preparation of a

regulatory flexibility analysis for any

regulation that will have a significant

economic impact on a substantial

number of small entities, i.e., small

businesses, small government

jurisdictions. We do not believe that the

establishment of these rules will have

any negative impacts on small entities

because the procedures codified here

will only serve to eliminate errors and

confusion about the applicability of the

1983 North American Datum. Finally,

no reporting or record-keeping

requirements are imposed on any small

entity as the result of this amendment

to the danger zone/restricted area

regulations. Therefore, we have

determined that this rule will not have

a significant economic impact on a

substantial number of small entities and

a regulatory flexibility analysis is not

warranted.

List of Subjects in 33 CFR Part 334

Navigation, Waterways,

Transportation.

Accordingly, we are amending Part

334 as follows:

PART 334—DANGER ZONE AND

RESTRICTED AREA REGULATIONS

1. The authority citation for Part 334

continues to read as follows:

Authority: (40 Stat. 266; 33 U.S.C. 1) and

(40 Stat. 892; 33 U.S.C. 3).

2. Section 334.6 Datum is added as

follows:

§ 334.6 Datum.

(a) Geographic coordinates expressed

in terms of latitude or longitude, or

both, are not intended for plotting on

maps or charts whose reference

horizontal datum is the North American

Datum of 1983 (NAD 83), unless such

geographic coordinates are expressly

labeled NAD 83. Geographic coordinates

without the NAD 83 reference may be

plotted on maps or charts referenced to

NAD 83 only after application of the

appropriate corrections that are

published on the particular map or chart

being used.

(b) For further information on NAD 83

and National Service nautical charts

please contact: Director, Coast Survey

(N/CG2), National Ocean Service,

NOAA, 1315 East-West Highway,

Station 6147, Silver Spring, MD 20910–

3282.

Dated: March 15, 1995.

Stanley G. Genega,

Major General, U.S. Army, Director of Civil

Works.

[FR Doc. 95–7208 Filed 3–22–95; 8:45 am]

BILLING CODE 3710–92–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IL115–1–6791a; FRL–5166–1]

Approval and Promulgation of

Implementation Plans; Revision to the

Illinois State Implementation Plan for

Ozone

AGENCY: Environmental Protection

Agency (USEPA).

ACTION: Direct final rule.

SUMMARY: The USEPA approves the

State Implementation Plan (SIP)

revision request submitted by the State

of Illinois on October 25, 1994, for the

purpose of lowering the Reid Vapor

Pressure (RVP) of gasoline from 9.0

pounds per square inch (psi) to 7.2 psi

for the Metro-East St. Louis (Metro-East)

ozone nonattainment area which

includes Madison, Monroe, and St. Clair

Counties. The rationale for the approval

is set forth in this direct final rule;

additional information is available at

the address indicated below. In the

proposed rules section of this Federal

Register, USEPA is proposing approval

of and soliciting public comment on this

requested SIP revision. If adverse

comments are received on this direct

final rule, USEPA will withdraw this

direct final rule and address the

comments received in a subsequent

final rule on the related proposed rule

which is being published in the

proposed rules section of this Federal

Register. No additional opportunity for

public comment will be provided.

Unless this direct final rule is

withdrawn no further rulemaking will

occur on this requested SIP revision.

DATES: This final rule is effective on

May 22, 1995, unless notice is received

by April 24, 1995, that someone wishes

to submit adverse comments. If the

effective date is delayed, timely notice

will be published in the Federal

Register.

ADDRESSES: Written comments can be

mailed to: J. Elmer Bortzer, Chief,

Regulation Development Section (AR–

18J), Regulation Development Branch,

Air and Radiation Division, U.S.

Environmental Protection Agency, 77

West Jackson Boulevard, Chicago,

Illinois 60604.

Copies of the USEPA’s technical

analysis (TSD) are available for

inspection at the following address: (It

is recommended that you telephone

Francisco Acevedo at (312) 886–6061

before visiting the Region 5 Office.) U.S.

Environmental Protection Agency,

Region 5, Air and Radiation Division, 77