33876 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Proposed Rules

promulgated, will not have a significant

economic impact, positive or negative,

on a substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting the Rules Docket at the

location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend part

39 of the Federal Aviation Regulations

(14 CFR part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

Airbus Industrie: Docket 96–NM–10–AD.

Applicability: All Model A300–600 series

airplanes, certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (b) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent reduced structural integrity of

frame 47 of the fuselage, accomplish the

following:

(a) Prior to the accumulation of 17,300 total

landings, or within one year after the

effective date of this AD, whichever occurs

later: Perform an eddy current inspection to

detect cracking of the upper radius of the left

and right forward fitting of frame 47, in

accordance with Airbus Service Bulletin

A300–53–6029, Revision 2, dated November

7, 1994.

(1) If no cracking is found during an eddy

current inspection: Repeat the inspection

thereafter at intervals not to exceed 6,600

landings.

(2) If any cracking is found during an eddy

current inspection: Prior to further flight,

repair in accordance with a method approved

by the Manager, Standardization Branch,

ANM–113, FAA, Transport Airplane

Directorate.

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager,

Standardization Branch, ANM–113.

Operators shall submit their requests through

an appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Standardization

Branch, ANM–113.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

Issued in Renton, Washington, on June 25,

1996.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 96–16651 Filed 6–28–96; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 922

Gulf of the Farallones National Marine

Sanctuary: Petition to Ban the Use of

Motorized Personal Watercraft Within

the Gulf of the Farallones National

Marine Sanctuary

AGENCY: Sanctuaries and Reserves

Division (SRD), Office of Ocean and

Coastal Resource Management (OCRM),

National Ocean Service (NOS), National

Oceanic and Atmospheric

Administration (NOAA), Department of

Commerce (DOC).

ACTION: Notice of receipt of a petition.

SUMMARY: The National Oceanic and

Atmospheric Administration (NOAA)

has received a petition from the

Environmental Action Committee of

West Marin County to ban the use of

motorized personal watercraft within

the Gulf of the Farallones National

Marine Sanctuary.

FOR FURTHER INFORMATION CONTACT:

Ed Ueber at 415–556–3509 or Elizabeth

Moore at 301–713–3141.

SUPPLEMENTARY INFORMATION: The Gulf

of the Farallones National Marine

Sanctuary (GFNMS) was designated in

January 1981, and encompasses 948

square nautical miles of ocean and

coastal waters off the coast of San

Francisco. The GFNMS presently has no

regulations restricting the use of

motorized personal watercraft.

The Sanctuaries and Reserves

Division within NOAA’s National

Ocean Service (NOS) received a petition

on April 18, 1996, from the

Environmental Action Committee of

West Marin, California (EAC) to ban the

use of motorized personal watercraft in

the GFNMS. EAC believes that ‘‘the use

of motorized personal watercraft * * *

is completely incompatible with the

existence of a marine sanctuary,’’ and

gives such reasons as the danger of such

craft to biological resources; danger to

other human users; noise, water, and air

pollution; and incompatibility with

other Sanctuary uses such as

mariculture and small non-motorized

watercraft. NOS is reviewing the

petition and will notify the petitioner of

its decision whether or not to proceed

with a rulemaking to ban the use of

motorized personal watercraft in the

GFNMS. If NOS decides to initiate

rulemaking proceedings, then the public

will be provided with an opportunity to

comment on the proposed rulemaking

in accordance with the procedures of

the National Marine Sanctuaries Act

and the Administrative Procedures Act.

Dated: June 25, 1996.

David L. Evans,

Acting Deputy Assistant Administrator for

Ocean Services and Coastal Zone

Management.

[FR Doc. 96–16676 Filed 6–28–96; 8:45 am]

BILLING CODE 3510–08–M

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 21

RIN 1076–AD 61

Social Welfare Arrangements With

States or Other Agencies

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed rule.

SUMMARY: The Bureau of Indian Affairs

(BIA) is proposing to revise the

regulations in this part to improve the

clarity of the regulations and

understanding by the public.

DATES: Comments must be received on

or before August 30, 1996.

ADDRESSES: Mail comments to Larry

Blair, Chief, Division of Social Services,
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Proposed Rules 33877

Office of Tribal Services, Bureau of

Indian Affairs, Department of the

Interior, 1849 C St. NW., Mail Stop

4603–MIB, Washington, DC 20240; or,

hand deliver them to Room 4603 at the

above address. Comments will be

available for inspection at this address

from 9:00 a.m. to 4:00 p.m., Monday

through Friday beginning approximately

July 15, 1996.

FOR FURTHER INFORMATION CONTACT:

Larry Blair, Chief of the Division of

Social Services, Bureau of Indian Affairs

at telephone number (202) 208–2721.

SUPPLEMENTARY INFORMATION: The

authority to issue rules and regulations

is vested in the Secretary of the Interior

by 5 U.S.C. 301 and sections 463 and

465 of the Revised Statutes, 25 U.S.C. 2

and 9.

Publication of the proposed rule by

the Department of the Interior

(Department) provides the public an

opportunity to participate in the

rulemaking process. Interested persons

may submit written comments regarding

the proposed rule to the location

identified in the ADDRESSES section of

this document.

Executive Order 12778

The Department has certified to the

Office of Management and Budget

(OMB) that this rule meets the

applicable standards provided in

sections 2(a) and 2(b)(2) of Executive

Order 12778.

Executive Order 12866

This rule is not a significant

regulatory action under Executive Order

12866 and does not require review by

the Office of Management and Budget.

Regulatory Flexibility Act

This rule will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.).

Executive Order 12630

The Department has determined that

this rule does not have ‘‘significant

takings’’ implications. This rule does

not pertain to ‘‘taking’’ of private

property interests, nor does it impact

private property.

Executive Order 12612

The Department has determined that

this rule does not have significant

federalism effects because it pertains

solely to Federal-tribal relations and

will not interfere with the roles, rights

and responsibilities of states.

NEPA Statement

The Department has determined that

this rule does not constitute a major

Federal action significantly affecting the

quality of the human environment and

that no detailed statement is required

pursuant to the National Environmental

Policy Act of 1969.

Unfunded Mandates Act of 1995

This rule imposes no unfunded

mandates on any governmental or

private entity and is in compliance with

the provisions of the Unfunded

Mandates Act of 1995.

Paperwork Reduction Act of 1995

Sections 21.3 and 21.4 contain

information collection requirements. As

required by the Paperwork Reduction

Act of 1995 (44 U.S.C. 3507(d)), the

Department of the Interior has

submitted a copy of these sections to the

Office of Management and Budget

(OMB) for its review.

The Bureau of Indian Affairs may

enter into agreements with state, county,

or other Federal agencies to provide

welfare services for Indians. The

information collected will be used to

determine the amount of funds

necessary to provide services for Indians

within specified service areas. It will

detail the services to be rendered and a

plan for the expenditure of funds by the

contractor. The information collected

will also be used to measure

performance of the contractor and plan

future services.

No similar agreement specific

information pertaining to welfare

services for Indians is collected by the

Bureau of Indian Affairs or any other

Federal agency. Since tribal

circumstances vary from one location to

another, no information is available

which can be used to contract this

service.

The information to be collected from

third parties is the same information

that a state, county, or other Federal

agency would otherwise collect in the

provision of welfare services.

The estimate of total burden hours is

based upon staff expertise in the

program area responsible for the

management of welfare services

budgets.

CFR section Number of

respondents

Frequency

of response

Total annual

responses

Burden

hours per

response

Annual burden hoursCost to respondents

21.3 ................................................................................... 50 1 1 16 16 $400

21.4 ................................................................................... 50 5 1 32 32 800

Organizations and individuals

desiring to submit comments on the

information collection requirement

should direct them to the Office of

Information and Regulatory Affairs,

OMB, Room 10202, New Executive

Office Building, Washington, DC 20503;

Attention: Desk Officer for the U.S.

Department of the Interior.

The Department considers comments

by the public on this proposed

collection of information in:

Evaluating whether the proposed

collection of information is necessary

for the proper performance of the

functions of the Department, including

whether the information will have

practical utility;

Evaluating the accuracy of the

Department’s estimate of the burden of

the proposed collection of information,

including the validity of the

methodology and assumptions used;

Enhancing the quality, usefulness,

and clarity of the information to be

collected; and

Minimizing the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated,

electronic, mechanical, or other

collection techniques or other forms of

information technology.

OMB is required to make a decision

concerning the collection of information

contained in these proposed regulations

between 30 and 60 days after

publication of this document in the

Federal Register. Therefore, a comment

to the OMB is best assured of having its

full effect if OMB receives it within 30

days of publication. This does not affect

the deadline for the public to comment

to the Bureau of Indian Affairs on the

proposed regulations.

Drafting Information: The primary author

of this document was Larry Blair, Division of

Social Services, Bureau of Indian Affairs,

Department of the Interior.
33878 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Proposed Rules

List of Subjects in 25 CFR Part 21

Indians, Indians—welfare contracts.

For the reasons given in the preamble,

part 21 of title 25, chapter I of the Code

of Federal Regulations is proposed to be

revised as set forth below.

PART 21—SOCIAL WELFARE

ARRANGEMENTS WITH STATES OR

OTHER AGENCIES

Sec.

21.1 Who may negotiate agreements with

States, Counties, and other Federal

agencies?

21.2 Who may sign agreements for the relief

of distress and social welfare of Indians?

21.3 What must the State, County, or other

Federal welfare agency provide?

21.4 What standards must welfare service

providers meet?

21.5 What will the Bureau provide?

21.6 What information is collected?

21.7 Definitions.

Authority: 25 U.S.C. 454.

§ 21.1 Who may negotiate agreements with

States, Counties, and other Federal

agencies?

The Secretary may negotiate with

State, county, or other Federal welfare

agencies to provide welfare services for

Indians within a particular State and

within the exterior boundaries of Indian

reservations or on trust or restricted

lands that are under the jurisdiction of

the Bureau of Indian Affairs.

§ 21.2 Who may sign agreements for the

relief of distress and social welfare of

Indians?

The proper officer of the State,

county, or other Federal welfare agency

must sign agreements to provide welfare

services. Evidence of the officer’s

authority must accompany the

agreement. Agreements to provide

welfare services are not effective until

the Secretary approves and signs them.

§ 21.3 What must the State, County, or

other Federal welfare agency provide?

(a) Plan of operation. A plan of

operation describing the services and

assistance to be rendered and a budget

showing the plan of expenditures of

funds must be submitted with the

agreement. No change in the plan of

operation may be made without the

Secretary’s prior approval.

(b) Financial statements. Thirty days

after the close of each fiscal year, a

detailed financial statement showing all

expenditures must be submitted to the

Secretary. Any deviations from the

approved plan of operation must be

explained and the records of the

contractor must remain available for

inspection by representatives of the

Bureau of Indian Affairs.

§ 21.4 What standards must welfare

service providers meet?

(a) Service. The standards of aid, care,

and service for Indians can be no less

than the standards for other clients

requiring similar aid, care, and services.

(b) Personnel. Unless the Secretary

has agreed otherwise, the personnel

employed for provision of public

welfare services to Indians are subject to

the contractor’s merit system and the

approval of the Secretary and local

welfare authorities.

§ 21.5 What will the Bureau of Indian

Affairs provide?

(a) Cooperative services. The Bureau

will maintain cooperative services at the

local level.

(b) Government property and

facilities. The agreement must specify

the terms under which the contractor

may use Federal property, facilities and

equipment. Agreements that allow use

of Federal automobiles must require the

contractor be responsible for damage or

injury to property or persons and to

return the equipment in good condition.

The contractor must carry sufficient

insurance and expressly relieve the

Federal Government of any and all

liability for any personal injury or

property damages.

§ 21.6 What information is collected?

The information collection

requirements contained in § 21.3 will be

approved by the Office of Management

and Budget as required by 44 U.S.C.

1320 et seq. The information collected

in the plan of operation will be used to

determine how contract funds are

utilized and to measure performance of

the contractor and plan for future

agreements . The information collected

in the financial statement will be used

to determine the adequacy of services

and utilization of the budget provided to

the contractor. A response is required to

obtain a benefit.

§ 21.7 Definitions.

Must means a mandatory or

imperative act or requirement.

Secretary means the Secretary of the

Interior.

Dated: June 6, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–16038 Filed 6–28–96; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 1

RIN 2900–AI33

Rulemaking procedures; Public

Participation

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

SUMMARY: In a document recently

published in the Federal Register (61

FR 11309), the Department of Veterans

Affairs (VA) amended the ‘‘GENERAL

PROVISIONS’’ regulations by

eliminating a policy statement

concerning prior notice-and-comment

for rulemaking. That action, taken

without prior notice-and-comment,

concluded that the policy statement was

unnecessary. Judicial review has been

sought on the basis that such action did

not comply with notice-and-comment

provisions. While we believe such

position is not legally correct, we do not

object to providing interested parties

with an opportunity to comment on

whether the policy statement should be

eliminated. Accordingly, a companion

document published in the Rules and

Regulations section of this issue of the

Federal Register reestablishes the policy

statement and this document proposes

to eliminate it, thus affording interested

parties the opportunity to comment

thereon. For reasons stated below, it

does not appear that there is a need to

retain the policy statement.

DATES: Comments must be received on

or before August 30, 1996.

ADDRESSES: Mail or hand deliver written

comments to: Director, Office of

Regulations Management (02D),

Department of Veterans Affairs, 810

Vermont Ave., NW, Room 1154,

Washington, DC 20420. Comments

should indicate that they are submitted

in response to ‘‘RIN 2900–AI33.’’ All

written comments will be available for

public inspection at the above address

in the Office of Regulations

Management, Room 1158, between the

hours of 8:00 a.m. and 4:30 p.m.,

Monday through Friday (except

holidays).

FOR FURTHER INFORMATION CONTACT:

Thomas O. Gessel, Director, Office of

Regulations Management (02D), Office

of General Counsel, Department of

Veterans Affairs, 810 Vermont Avenue,

NW, Washington, DC 20420, (202) 273–

8605.

SUPPLEMENTARY INFORMATION: This

document proposes to amend the

‘‘GENERAL PROVISIONS’’ regulations

in 38 CFR part 1 by removing § 1.12.