Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations 29287

Dated: June 3, 1996.

Les Jin,

General Counsel.

Accordingly the interim rule

amending 22 CFR Part 514 which was

published at 61 FR 15372 on April 8,

1996, is adopted as a final rule with the

following changes:

PART 514—EXCHANGE VISITOR

PROGRAM

1. The authority citation for part 514

continues to read as follows:

Authority: 8 U.S.C. 1101(a)(15)(J), 1182,

1258; 22 U.S.C. 1431–1442, 2451–2460;

Reorganization Plan No. 2 of 1977, 42 FR

62461, 3 CFR, 1977 Comp. p 200; E.O. 12048,

43 FR 13361, 3 CFR, 1978 Comp. p 168, USIA

Delegation Order No. 85–5 (50 FR 27393.)

2. Section 514.20 is amended by

revising paragraphs (d), (i), and (j) to

read as follows:

§ 514.20 Professors and research

scholars.

* * * * *

(d) Visitor eligibility. An individual

may be selected for participation in the

Exchange Visitor Program as a professor

or research scholar subject to the

following conditions:

(i) The participant shall not be a

candidate for tenure track position; and

(ii) The participant has not been

physically present in the United States

as a nonimmigrant pursuant to the

provisions of 8 U.S.C. 1101(a)(15)(J) for

all or part of the twelve month period

immediately preceding the date of

program commencement set forth on his

or her Form IAP–66, unless:

(A) The participant is transferring to

the sponsor’s program as provided in

§ 514.42; or

(B) The participant’s presence in the

United States was of less than six

months duration; or

(C) The participant’s presence in the

United States was pursuant to a Shortterm scholar exchange activity as

authorized by § 514.21.

* * * * *

(i) Duration of participation. The

permitted duration of program

participation for a professor or research

scholar shall be as follows:

(1) General limitation. The professor

and research scholar shall be authorized

to participate in the Exchange Visitor

Program for the length of time necessary

to complete his or her program, which

time shall not exceed three years.

(2) Exceptional circumstance. The

Agency may authorize a designated

Exchange Visitor Program sponsor to

conduct an exchange activity requiring

a period of program duration in excess

of three years. A sponsor seeking to

conduct a discrete activity requiring

more than the permitted three years of

program duration, but less than six

years of program duration, shall make

written request to the Agency and

secure written Agency approval. Such

request shall include:

(i) A detailed explanation of the

discrete exchange activity; and

(ii) A certification that the

participation of selected research

scholars will be financed directly by

United States or foreign government

funds.

(3) Change of category. A change

between the categories of professor and

research scholar shall not extend an

exchange visitor’s permitted period of

participation beyond three years.

(j) Extension of program. Professors

and research scholars may be authorized

program extensions as follows:

(1) Responsible officer authorization.

A responsible officer may extend, in his

or her discretion and for a period not to

exceed six months, the three year period

of program participation permitted

under § 514.20(i). The responsible

officer exercising his or her discretion

shall do so only upon his or her

affirmative determination that such

extension is necessary in order to permit

the research scholar or professor to

complete a specific project or research

activity.

(2) Agency authorization. The Agency

may extend, upon request and in its sole

discretion, the three year period of

program participation permitted under

§ 514.20(i). A request for Agency

authorization to extend the period of

program participation for a professor or

research scholar shall:

(i) Be submitted to the Agency, unless

prevented by extraordinary

circumstance, no less than 60 days prior

to the expiration of the participant’s

permitted three year period of program

participation; and

(ii) Present evidence, satisfactory to

the Agency, that such request is justified

due to exceptional or unusual

circumstances and is necessary in order

to permit the researcher or professor to

complete a specific project or research

activity.

(3) Timeliness. The Agency will not

review a request for Agency

authorization to extend the three year

period of program participation

permitted under § 514.20(i) unless

timely filed; provided, however, that the

Agency reserves the right to review a

request that is not timely filed due to

extraordinary circumstance.

(4) Final decision. The Agency

anticipates it will respond to requests

for Agency authorization to extend the

three year period of program

participation permitted under

§ 514.20(i) within 30 days of Agency

receipt of such request and supporting

documentation. Such response shall

constitute the Agency’s final decision.

[FR Doc. 96–14390 Filed 6–7–96; 8:45 am]

BILLING CODE 8230–01–M

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 75

RIN 1219–AA11

Safety Standards for Underground

Coal Mine Ventilation

AGENCY: Mine Safety and Health

Administration (MSHA), Labor.

ACTION: Final rule; corrections.

SUMMARY: This document corrects errors

in the final rule for underground coal

mine ventilation which appeared in the

Federal Register on March 11, 1996 (61

FR 9764).

EFFECTIVE DATE: June 10, 1996.

FOR FURTHER INFORMATION CONTACT:

Patricia W. Silvey, Director, Office of

Standards, Regulations, and Variances,

MSHA, (703) 235–1910.

SUPPLEMENTARY INFORMATION: On March

11, 1996, MSHA published a final rule

to revise its safety standards for

underground coal mine ventilation. This

document corrects errors that appeared

in the final rule.

Sections 75.325, 75.326, and 75.330

each refer to provisions in the final rule

that limit exposure to methane,

respirable dust, or other harmful gases.

In each case it was not the Agency’s

intent to modify the limits set in these

standards. No changes were proposed

and the current versions that appear in

the 1995 compilation of the Code of

Federal Regulations are correct.

Therefore, to address questions raised

and to clarify the intent of the Agency,

the language in these standards is being

corrected to re-state the language of the

existing standards.

Sections 75.301, 75.333(d) (1), (e)(3),

and (f), and 75.335(a)(1)(iv) and (a)(2)

are being corrected to include

information concerning the availability

of the incorporated documents, where

the incorporated documents may be

inspected, and the Federal Register

approval for incorporation by reference

of the documents. No changes were

proposed and the current versions that

appear in the 1995 compilation of the

Code of Federal Regulations are correct.

The final rule language for § 75.333

Ventilation controls, inadvertently
29288 Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations

omits the information concerning the

availability of the document

incorporated by reference in (e)(1)(i).

This document adds that language.

Correction of Publication

The final rule for safety standards for

underground coal mine ventilation that

appeared in the Federal Register on

March 11, 1996 (61 FR 9764) is

corrected as follows:

1. On page 9829, in the second

column, in § 75.301, in the definition of

noncombustible structure or area, three

sentences are added following the last

sentence to read as follows:

§ 75.301 Definitions.

* * * * *

Noncombustible Structure or Area.

* * * The publication ASTM E119–88,

‘‘Standard Test Methods for Fire Tests

of Building Construction and Materials’’

is incorporated by reference and may be

inspected at any Coal Mine Health and

Safety District and Subdistrict Office, or

at MSHA’s Office of Standards, 4015

Wilson Boulevard, Arlington, VA, and

at the Office of the Federal Register, 800

North Capitol Street, NW., Suite 700,

Washington, DC. In addition, copies of

the document can be purchased from

the American Society for Testing

Materials (ASTM), 1916 Race Street,

Philadelphia, Pennsylvania 19103. 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.

* * * * *

2. On page 9829, in the second

column, in § 75.301, in the definition of

noncombustible material, three

sentences are added following the last

sentence to read as follows:

* * * * *

Noncombustible Material. * * * The

publication ASTM E119–88, ‘‘Standard

Test Methods for Fire Tests of Building

Construction and Materials’’ is

incorporated by reference and may be

inspected at any Coal Mine Health and

Safety District and Subdistrict Office, or

at MSHA’s Office of Standards, 4015

Wilson Boulevard, Arlington, VA, and

at the Office of the Federal Register, 800

North Capitol Street, NW., Suite 700,

Washington, DC. In addition, copies of

the document can be purchased from

the American Society for Testing

Materials (ASTM), 1916 Race Street,

Philadelphia, Pennsylvania 19103. 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.

* * * * *

3. On page 9833, in the second

column, in § 75.325, the first sentence in

paragraph (c)(2), is corrected to read as

follows:

§ 75.325 Air quantity.

* * * * *

(c) * * *

(2) The velocity of air that will be

provided to control methane and

respirable dust in accordance with

applicable standards on each longwall

or shortwall and the locations where

these velocities will be provided shall

be specified in the approved ventilation

plan. * * *

* * * * *

4. On page 9833, in the second

column, in § 75.326, the second

sentence is corrected to read as follows:

* * * * *

* * * A lower mean entry air velocity

may be approved in the ventilation plan

if the lower velocity will maintain

methane and respirable dust

concentrations in accordance with the

applicable levels. * * *

* * * * *

5. On page 9833, in the third column,

in § 75.330, the second sentence of

paragraph (b)(2), is corrected to read as

follows:

§ 75.330 Face ventilation control devices.

* * * * *

(b) * * *

(2) * * * Alternative distances

specified shall be capable of

maintaining concentrations of respirable

dust, methane, and other harmful gases,

in accordance with the levels specified

in the applicable sections of this

chapter.

* * * * *

6. On page 9834, in the third column,

in § 75.333, paragraph (d)(1) is corrected

to read as follows:

§ 75.333 Ventilation controls.

* * * * *

(d) * * *

(1) Made of noncombustible material

or coated on all accessible surfaces with

flame-retardant materials having a

flame-spread index of 25 or less, as

tested under ASTM E162–87, ‘‘Standard

Test Method for Surface Flammability of

Materials Using A Radiant Heat Energy

Source.’’ This publication is

incorporated by reference and may be

inspected at any Coal Mine Health and

Safety District and Subdistrict Office, or

at MSHA’s Office of Standards, 4015

Wilson Boulevard, Arlington, VA, and

at the Office of the Federal Register, 800

North Capitol Street, NW., Suite 700,

Washington, DC. In addition, copies of

the document can be purchased from

the American Society for Testing

(ASTM), 1916 Race Street, Philadelphia,

Pennsylvania 19103. 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.

* * * * *

7. On page 9834, in the third column,

in § 75.333, paragraph (e)(1)(i) is

corrected to read as follows:

* * * * *

(e)(1)(i) Except as provided in

paragraphs (e)(2), (e)(3) and (e)(4) of this

section all overcasts, undercasts, shaft

partitions, permanent stoppings, and

regulators, installed after June 10, 1996,

shall be constructed in a traditionally

accepted method and of materials that

have been demonstrated to perform

adequately or in a method and of

materials that have been tested and

shown to have a minimum strength

equal to or greater than the traditionally

accepted in-mine controls. Tests may be

performed under ASTM E72–80,

‘‘Standard Methods of Conducting

Strength Tests of Panels for Building

Construction’’ (Section 12—Transverse

Load—Specimen Vertical, load, only),

or the operator may conduct

comparative in-mine tests. In-mine tests

shall be designed to demonstrate the

comparative strength of the proposed

construction and a traditionally

accepted in-mine control. The

publication ASTM E72–80, ‘‘Standard

Methods of Conducting Strength Tests

of Panels for Building Construction’’ is

incorporated by reference and may be

inspected at any Coal Mine Health and

Safety District and Subdistrict Office, or

at MSHA’s Office of Standards, 4015

Wilson Boulevard, Arlington, VA, and

at the Office of the Federal Register, 800

North Capitol Street, NW., Suite 700,

Washington, DC. In addition, copies of

the document can be purchased from

the American Society for Testing

(ASTM), 1916 Race Street, Philadelphia,

Pennsylvania 19103. 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.

* * * * *

8. On page 9835, in the first column,

in § 75.333, paragraph (e)(3) is corrected

to read as follows:

* * * * *

(e) * * *

(3) When timbers are used to create

permanent stoppings in heaving or

caving areas, the stoppings shall be

coated on all accessible surfaces with a

flame-retardant material having a flamespread index of 25 or less, as tested

under ASTM E162–87, ‘‘Standard Test

Method for Surface Flammability of

Materials Using A Radiant Heat Energy
Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations 29289

Source.’’ This publication is

incorporated by reference and may be

inspected at any Coal Mine Health and

Safety District and Subdistrict Office, or

at MSHA’s Office of Standards, 4015

Wilson Boulevard, Arlington, VA, and

at the Office of the Federal Register, 800

North Capitol Street, NW., Suite 700,

Washington, DC. In addition, copies of

the document can be purchased from

the American Society for Testing

(ASTM), 1916 Race Street, Philadelphia,

Pennsylvania 19103. 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.

* * * * *

9. On page 9835, in the first column,

in § 75.333, paragraph (f) is corrected to

read as follows:

* * * * *

(f) When sealants are applied to

ventilation controls, the sealant shall

have a flame-spread index of 25 or less

under ASTM E162–87, ‘‘Standard Test

Method for Surface Flammability of

Materials Using A Radiant Heat Energy

Source.’’ This publication is

incorporated by reference and may be

inspected at any Coal Mine Health and

Safety District and Subdistrict Office, or

at MSHA’s Office of Standards, 4015

Wilson Boulevard, Arlington, VA, and

at the Office of the Federal Register, 800

North Capitol Street, NW., Suite 700,

Washington, DC. In addition, copies of

the document can be purchased from

the American Society for Testing

(ASTM), 1916 Race Street, Philadelphia,

Pennsylvania 19103. 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.

* * * * *

10. In the rule, on page 9835, in the

third column, § 75.335, paragraph

(a)(1)(iv) is corrected to read as follows:

§ 75.335 Construction of seals.

(a)(1) * * *

(iv) Coated on all accessible surfaces

with flame-retardant material that will

minimize leakage and that has a flamespread index of 25 or less, as tested

under ASTM E162–87, ‘‘Standard Test

Method for Surface Flammability of

Materials Using A Radiant Heat Energy

Source.’’ This publication is

incorporated by reference and may be

inspected at any Coal Mine Health and

Safety District and Subdistrict Office, or

at MSHA’s Office of Standards, 4015

Wilson Boulevard, Arlington, VA, and

at the Office of the 4Federal Register,

800 North Capitol Street, NW., Suite

700, Washington, DC. In addition,

copies of the document can be

purchased from the American Society

for Testing (ASTM), 1916 Race Street,

Philadelphia, Pennsylvania 19103. 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.

* * * * *

11. On page 9835, in the third

column, in § 75.335, paragraph (a)(2) is

corrected to read as follows:

(a)(1) * * *

(2) Alternative methods or materials

may be used to create a seal if they can

withstand a static horizontal pressure of

20 pounds per square inch provided the

method of installation and the material

used are approved in the ventilation

plan. If the alternative methods or

materials include the use of timbers, the

timbers also shall be coated on all

accessible surfaces with flame-retardant

material having a flame-spread index of

25 or less, as tested under ASTM E162–

87, ‘‘Standard Test Method for Surface

Flammability of Materials Using A

Radiant Heat Energy Source.’’ This

publication is incorporated by reference

and may be inspected at any Coal Mine

Health and Safety District and

Subdistrict Office, or at MSHA’s Office

of Standards, 4015 Wilson Boulevard,

Arlington, VA, and at the Office of the

Federal Register, 800 North Capitol

Street, NW., Suite 700, Washington, DC.

In addition, copies of the document can

be purchased from the American

Society for Testing (ASTM), 1916 Race

Street, Philadelphia, Pennsylvania

19103. 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.

* * * * *

Dated: May 28, 1996.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

[FR Doc. 96–14109 Filed 6–7–96; 8:45 am]

BILLING CODE 4510–43–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 8

RIN 2900 AH55

National Service Life Insurance

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Department of Veterans Affairs (VA)

regulations captioned ‘‘National Service

Life Insurance’’ which were established

under the National Service Life

Insurance Act of 1940, as amended (38

U.S.C. 1901–1929, 1981–1988). It

deletes provisions that have become

obsolete. It also deletes provisions

contained in insurance policies that

consist of restatements of statutes and

other material not required to be

published in the Federal Register.

Additionally, it deletes other

restatements of statute and makes

changes for purposes of clarity.

EFFECTIVE DATE: June 10, 1996.

FOR FURTHER INFORMATION CONTACT:

George Poole, Chief, Insurance Program

Administration, Department of Veterans

Affairs Regional Office and Insurance

Center, PO Box 8079, Philadelphia, PA

19101, (215) 951–5718.

SUPPLEMENTARY INFORMATION: Under the

umbrella of 38 CFR part 8, four distinct

life insurance programs exist, namely,

National Service Life Insurance (NSLI),

Veterans’ Special Life Insurance (VSLI),

Veterans’ Reopened Life Insurance (VRI)

and Service Disabled Veterans

Insurance (SDVI). Most of the

policyholders insured under NSLI

served during World War II, and their

average age is now 72 years. The NSLI

program opened in October 1940, and

over 22 million policies were issued, of

which about 2 million remain. The NSLI

program remained open until April

1951, when two new programs were

established for Korean War veterans.

VSLI, opened in April 1951, was closed

to new issues in December 1956. SDVI,

also opened in April 1951, is the only

program still available for new issues to

veterans with service-connected

disabilities. The VRI program was a

limited one-year reopening, from May

1965 to May 1966, of the NSLI and VSLI

programs to certain disabled veterans.

As a result of the closure of the NSLI,

VSLI, and VRI programs, provisions

concerning issuance are deleted because

they are obsolete. Furthermore, while

these three programs provide for certain

disability provisions, there are no

insureds remaining who are age eligible

for issuance of such riders and, hence,

these provisions are further deleted as

obsolete. Other provisions, such as

those implementing the Servicemen’s

Indemnity Act of 1940, and other

‘‘sunset’’ provisions, are also obsolete

and deleted accordingly.

Also, provisions which list

guaranteed payments are deleted since

such guaranteed payments reflect only a

minimum payment and subsequent

legislation allows for higher payment

schedules. Thus, publication of

minimum payments has no practical

value. Provisions that are contained in

insurance polices are likewise deleted