26124 Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules and Regulations

(ii) ASME/ANSI B31.4 ‘‘Liquid

Transportation Systems for

Hydrocarbons, Liquid Petroleum Gas,

Anhydrous Ammonia, and Alcohols’’

(1992 edition with ASME B31.4a–1994

Addenda).

(iii) ASME/ANSI B31.8 ‘‘Gas

Transmission and Distribution Piping

Systems’’ (1995)

(iv) ASME/ANSI B31G ‘‘Manual for

Determining the Remaining Strength of

Corroded Pipelines’’ (1991).

(v) ASME Boiler and Pressure Vessel

Code, Section VIII, Division 1 ‘‘Pressure

Vessels’’ (1995 edition with 1995

Addenda).

(vi) ASME Boiler and Pressure Vessel

Code, Section IX ‘‘Welding and Brazing

Qualifications’’ (1995 edition with 1995

Addenda).

(4) Manufacturers Standardization

Society of the Valve and Fittings

Industry, Inc. (MSS):

(i) MSS SP–75 ‘‘Specification for High

Test Wrought Butt Welding Fittings’’

(1993).

(ii) [Reserved]

(5) American Society for Testing and

Materials (ASTM):

(i) ASTM Designation: A 53

‘‘Standard specification for Pipe, Steel,

Black and Hot-Dipped, Zinc-Coated,

Welded and Seamless’’ (A 53–95a).

(ii) ASTM Designation: A 106

‘‘Standard Specification for Seamless

Carbon Steel Pipe for High-Temperature

Service’’ (A 106–94a).

(iii) ASTM Designation: A 333/A

333M ‘‘Standard Specification for

Seamless and Welded Steel Pipe for

Low-Temperature Service’’(A 333/A

333M–94).

(iv) ASTM Designation: A 381

‘‘Standard Specification for Metal-ArcWelded Steel Pipe for Use With HighPressure Transmission Systems’’ (A

381–93).

(v) ASTM Designation: A 671

‘‘Standard Specification for ElectricFusion-Welded Steel Pipe for

Atmospheric and Lower Temperatures’’

(A 671–94).

(vi) ASTM Designation: A 672

‘‘Standard Specification for ElectricFusion-Welded Steel Pipe for HighPressure Service at Moderate

Temperatures’’ (A 672–94).

(vii) ASTM Designation: A 691

‘‘Standard Specification for Carbon and

Alloy Steel Pipe Electric-Fusion-Welded

for High- Pressure Service at High

Temperatures’’ (A 691–93).

Issued in Washington, DC on May 16,

1996.

Rose A. McMurray,

Acting Deputy Administrator.

[FR Doc. 96–12843 Filed 5–23–96; 8:45 am]

BILLING CODE 4910–60–P

Federal Railroad Administration

49 CFR Part 212

[FRA Docket No. RSSP–3, Notice No. 5]

RIN AB08

State Safety Participation Regulations;

Federal Regulatory Reform

AGENCY: Federal Railroad

Administration (FRA), Department of

Transportation (DOT).

ACTION: Final rule.

SUMMARY: In connection with the

President’s Regulatory Reform Initiative,

the FRA has reviewed all of its existing

regulations. This review identified a

portion of the regulation governing state

participation in the Federal Rail Safety

Program that can be removed. FRA

expects that this final rule will reduce

the administrative burden to

government and industry, reduce

government printing costs, and provide

a more concise and useful Title 49, Code

of Federal Regulations.

EFFECTIVE DATE: The rule becomes

effective June 24, 1996.

FOR FURTHER INFORMATION CONTACT:

Cynthia Walters, Trial Attorney, Office

of Chief Counsel, FRA, 400 Seventh

Street, S.W., Washington, D.C. 20590,

(202) 366–0621 or Mike Calhoun,

Transportation Safety Program

Specialist, Region 5 Hurst Regional

Office, FRA, 8701 Bedford-Euless Rd.

Suite 425, Hurst, TX 76053, (817) 284–

8142.

SUPPLEMENTARY INFORMATION: On March

4, 1995, the President issued a

memorandum directing the heads of

federal departments and agencies to

conduct a page-by-page review of all

agency regulations now in force and

eliminate or revise those that are

outdated or otherwise in need of reform.

FRA has conducted a page-by-page

review of all of its regulations and

identified the following portion of

FRA’s state participation regulation, 49

CFR Part 212, Subpart D—Grants in Aid,

and corresponding appendices for

removal:

FRA’s Grants-in-Aid Program, 49 CFR

Part 212, Subpart D, was established as

part of the State Participation program

by the Federal Railroad Safety Act of

1970. The State Participation Program

allows states to conduct investigative

and surveillance activities to enforce

federal railroad safety regulations in

conjunction with federal inspection

efforts. The Grants in Aid program was

intended to provide a transition to a

uniform pattern of rail safety regulation

and to provide a continuing state role in

rail safety regulation. As originally

conceived, the program allowed

participating states to obtain federal

reimbursement of up to 50 percent of a

state’s allowable cost.

Once the goal of uniform rail safety

regulation was realized, Congress

elected to eliminate funding.

Specifically, FRA’s federal funding

share of the program declined from the

maximum of 50 percent in fiscal year

1985 to 39 percent in fiscal year 1986,

24 percent in fiscal year 1987, and 16

percent in fiscal year 1988, due to

dwindling federal resources. There has

been no federal funding available for the

Grants-in-Aid program, since fiscal year

1989. Despite the lack of federal funds

for the program, the State Participation

has actually grown. In 1989, there were

110 participating state inspectors and

currently there are 137 state inspectors

participating in the program. In general,

states have continued to participate as

active partners in the program.

Appendices A, B, and C are being

removed, as well, because they were

previously used to determine the levels

of inspection effort and reimbursement

for Track Safety Standards, Freight Car

Safety Standards, and Operating

Practices respectively.

Regulatory Impact

Executive Order 12866 and DOT

Regulatory Policies

This final rule has been evaluated in

accordance with existing regulatory

policies. The regulatory document is

considered to be a nonsignificant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of 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. This rulemaking has been

reviewed under DOT Regulatory

Policies and Procedures [44 FR 11034,

February 26, 1979] and found to be a

nonsignificant rule.

In its regulatory analysis, FRA has

determined that this rulemaking

presents no substantive issue which it

could reasonably expect would produce

meaningful public comment since it is

merely removing, pursuant to

Presidential directive, obsolete

regulations, retention of which could

serve no useful purpose. Accordingly,

pursuant to 5 U.S.C. 553(c) and (d), the

Administrative Procedure Act, FRA

finds good cause exists to publish this

as a final rule without opportunity for

public comment.

Federalism

FRA has analyzed this rulemaking in

accordance with the principles and
Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules and Regulations 26125

criteria contained in Executive Order

12612 and has determined that this rule

does not have sufficient implications for

federalism to warrant the preparation of

a Federalism Assessment.

Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980

(5 U.S.C. 601 et seq.) requires a review

of rules to assess their impact on small

entities. In reviewing the economic

impact of the rule, FRA concluded that

it will not have any measurable impact

on small entities. There are no direct or

indirect economic impacts for small

units of government, businesses, or

other organizations. Therefore, it is

certified that this rule will not have a

significant economic impact on a

substantial number of small entities

under the provisions of the Regulatory

Flexibility Act.

Paperwork Reduction Act

This rulemaking contains no reporting

requirements that are subject to OMB

approval under 5 CFR Part 1320,

pursuant to the Paperwork Reduction

Act of 1980 (44 U.S.C. 3501 et seq.)

Environmental Assessment

This final rule meets the criteria that

establish this as a non-major action for

environmental purposes.

List of Subjects in 49 CFR Part 212

Railroad safety, State participation—

Grants in aid and corresponding

appendices.

Accordingly, for the reasons set forth

above, and under the authority of 49

U.S.C. 20103, 20105, 20106, and 20113

(formerly secs. 202, 205, 206, and 208,

of the Federal Railroad Safety Act of

1970, and amended (45 U.S.C. 431, 434,

435, and 436); and 49 CFR 1.49, FRA is

taking the following action:

PART 212—[AMENDED]

Part 212, is amended by deleting

§ 212.301 Grant authority; § 212.303

Annual funding process; § 212.305

Reports; § 212.307 Maximum

reimbursement levels; and Appendices

A, B, and C in their entirety.

Issued in Washington, D.C. on May 16,

1996.

Jolene M. Molitoris,

Administrator, Federal Railroad

Administration.

[FR Doc. 96–13047 Filed 5–23–96; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 661

[Docket No. 960126016–6121–04; I.D.

051796A]

Ocean Salmon Fisheries Off the

Coasts of Washington, Oregon, and

California; Cape Arago, OR, to OregonCalifornia Border

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Inseason adjustment.

SUMMARY: NMFS announces that the

commercial salmon fishery in the area

from Cape Arago, OR, to the OregonCalifornia border was opened 7 days a

week effective midnight, May 18, 1996.

This adjustment is intended to provide

additional fishing opportunity to

commercial fishermen.

DATES: Effective 2400 hours local time,

May 18, 1996, through 2400 hours local

time, June 30, 1996. Comments will be

accepted through June 7, 1996.

ADDRESSES: Comments may be mailed to

William Stelle, Jr., Director, Northwest

Region, National Marine Fisheries

Service, NOAA, 7600 Sand Point Way

NE., BIN C15700–Bldg. 1, Seattle, WA

98115–0070. Information relevant to

this notice has been compiled in

aggregate form and is available for

public review during business hours at

the office of the Director, Northwest

Region, NMFS (Regional Director).

FOR FURTHER INFORMATION CONTACT:

William L. Robinson, 206–526–6140.

SUPPLEMENTARY INFORMATION: In the

annual management measures for ocean

salmon fisheries (61 FR 20175, May 6,

1996), NMFS announced that the 1996

commercial fishery in the area between

Cape Arago, OR, and the OregonCalifornia border would open on May 1

and fishing would follow a cycle of 4

days open and 3 days closed. The

fishery would close the earlier of June

30 or attainment of the 5,300–chinook

salmon quota. The open/closure cycle

could be modified inseason as necessary

to manage the fishery.

The best available information on

May 15 indicated that the commercial

catch and effort rates were low during

the first two open periods (May 1–4 and

May 8–11), with catches totaling less

than 200 chinook salmon. The

preseason objective for the open/closure

cycle was to monitor catch levels.

Opening the fishing season to 7 days per

week would provide additional fishing

opportunity to commercial fishermen

without exceeding the share allocated to

the commercial fishery in this area.

Modification of the fishing season is

authorized by the annual management

measures and the regulations at 50 CFR

661.21(b)(1)(i). All other restrictions that

apply to this fishery remain in effect as

announced in the annual management

measures.

The Regional Director consulted with

representatives of the Pacific Fishery

Management Council and the Oregon

Department of Fish and Wildlife

regarding this adjustment. The State of

Oregon will manage the commercial

fishery in state waters adjacent to this

area of the exclusive economic zone in

accordance with this Federal action. As

provided by the inseason notice

procedures of 50 CFR 661.23, actual

notice to fishermen of this action was

given prior to midnight, May 18, 1996,

by telephone hotline number 206–526–

6667 or 800–662–9825 and by U.S.

Coast Guard Notice to Mariners

broadcasts on Channel 16 VHF-FM and

2182 kHz. Because of the need for

immediate action to provide commercial

fishermen with additional fishing

opportunity, NMFS has determined that

good cause exists for this notice to be

issued without affording a prior

opportunity for public comment.

Classification

This action is authorized by 50 CFR

661.21 and 661.23 and is exempt from

review under E.O. 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: May 20, 1996.

Richard H. Schaefer,

Director, Office of Fisheries Conservation and

Management, National Marine Services

Division.

[FR Doc. 96–13154 Filed 5–23–96; 8:45 am]

BILLING CODE 3510–22–F