Wednesday September 5, 1984

Selected Subjects

Air Pollution Control Environmental Protection Agency Animal Biologies Animal and Plant Health Inspection Service Chemicals Environmental Protection Agency Fisheries National Oceanic and Atmospheric Administration Organization and Functions (Government Agencies) Customs Service Pesticides and Pests Environmental Protection Agency Savings and Loan Associations Federal Home Loan Bank Board Trade Practices Federal Trade Commission Wine Alcohol, Tobacco and Firearms Bureau II Federal Register / Vol. 49, No. 173 / Wednesday, September 5,1984

FEDERAL REGISTER Published daily, Monday through Friday, (not published on Saturdays, Sundays, or on official holidays), by the Office of the Federal Register, National Archives and Records Service, General Services Administration, Washington, DC 20408, under the Federal Register Act (49 Stat. 500, as amended; 44 U.S.C. Ch. 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Federal agencies. These include Presidential proclamations and Executive Orders and Federal agency documents having general applicability and legal effect, documents required to be published by act of Congress and other Federal agency . documents of public interest. Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless earlier filing is requested by the issuing agency. The Federal Register will be furnished by mail to subscribers for $300.00 per year, or $150.00 for 6 months, payable in advance. The charge for individual copies is $1.50 for each issue, or $1.50 for each group of pages as actually bound. Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

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Questions and requests for specific information may be directed to the telephone numbers listed under INFORMATION AND ASSISTANCE in the READER AIDS section of this issue. III

Contents Federal Register Vol. 49, No. 173

Wednesday, September 5, 1984

The President Commodity Futures Trading Commission ADMINISTRATIVE ORDERS RULES 35001 Extension of moratorium under the Bus Regulatory Domestic exchange-traded commodity options: Reform Act (Memorandum of August 30,1984) 35010 Option contract limitations; pilot program expansion; correction Executive Agencies Consumer Product Safety Commission Agricultural Marketing Service NOTICES PROPOSED RULES 35036 Agpncy information collection activities under 35022 Kiwifruit grown in California; correction OMB review 35068 Meetings; Sunshine Act (2 documents) Agriculture Department See Agricultural Marketing Service; Animal and Customs Service Plant Health Inspection Service; Farmers Home PROPOSED RULES Administration. Organization and functions; field organization, ports of entry, etc.: 35026 Hidalgo and Progreso, Tex. Air Force Department NOTICES Defense Department Meetings: S ee a lso Air Force Department; Army Department. 35037 Scientific Advisory Board NOTICES Senior Executive Service: Meetings: 35037 Performance Review Board; membership 35037 Actuaries Retirement Board 35068 Meetings; Sunshine Act Alcohol, Tobacco and Firearms Bureau PROPOSED RULES Drug Enforcement Administration Alcohol; viticultural area designations: NOTICES 35027 Sonoma Mountain, California Registration applications, etc.; controlled substances: i Animal and Plant Health inspection Service 35049 Bentley, Tilman J., D. O ; revocation PROPOSED RULES 35049 Loman, Scott J., D.D.S.; hearing Viruses, serums, toxins, etc.: 35050 Wyeth Laboratories; Inc. 35022 Rabies vaccines; packaging, labeling, and standard requirements Education Department NOTICES Army Department Education Appeal Board hearings: NOTICES 35037 Applications for review Meetings: Employment Policy, National Commission 35037 Science Board (2 documents) NOTICES 35054 Meetings; correction Arts and Humanities, National Foundation NOTICES Energy Department Meetings: NOTICES 35054 Humanities Panel Nuclear Waste Policy Act: 35038 Civilian radioactive waste management program, Centers for Disease Control draft mission plan; availability of comments NOTICES Meetings: Environmental Protection Agency 35044 Premature thelarche RULES 35010 Grants, State and local assistance: Coast Guard Assistance programs; cost principles for nonprofit organizations (OMB-A-122); RULES clarification Regattas and marine parades: Toxic substances: 35010 Peaks Island to Portland Swim; correction 35011 Significant new uses; potassium N,N-bis (hydroxyethyl) cocoamine oxide phosphate, etc. Commerce Department PROPOSED RULES See also International Trade Administration; Air programs: National Oceanic and Atmospheric Administration. 35029 Ambient air quality standards and surveillance NOTICES for particulate matter, etc.; extension of time 35033 Agency information collection activities under Air quality planning purposes; designation of areas: OMB review 35029 Nebraska IV Federal Register / Vol. 49, No. 173 / Wednesday, September 5,1984 / Contents

Pesticide chemicals in or on raw agricultural Interstate Commerce Commission commodities; tolerances and exemptions, etc.: NOTICES 35030 Alpha-(p-nonylphenyl)-omega-hydroxypoly Railroad services abandonment: (oxypropylene) block polymer with poly 35048 Cadillac & Lake City Railway Co. (oxyethylene) 35048 Chicago & North Western Transportation Co. NOTICES 35049 Southern Pacific Transportation Co. Committees; establishment, renewals, terminations, etc.: Justice Department 35040 Science Advisory Panel; nominations S ee Drug Enforcement Administration; Parole Pesticides; experimental use permit applications: Commission. 35039 American Cyanamid Co. et al. Labor Department Farmers Home Administration See Mine Safety and Health Administration. NOTICES Meetings: 35033 National resource management guide Land Management Bureau NOTICES Federal Aviation Administration Disclaimer of interest to lands: 35044 California PROPOSED RULES Environmental statements: availability, etc.: Air traffic rules, special: 35045 Grand Junction conversion transmission line 35026 Airport delays elimination; correction project, Colorado Federal Home Loan Bank Board Legal Services Corporation RULES Federal savings and loan system, etc.: NOTICES 35003 Corporate titles of Federal associations and 35069 Meetings; Sunshine Act advertising of insured institutions NOTICES Mine Safety and Health Administration Receiver appointments: NOTICES 35043 American Heritage Savings, F.A., Bloomingdale, Petitions for mandatory safety standard IL modifications: 35050 A .A . & W . Coals, Inc. Federal Reserve System 35050 Barnes & Tucker Co. NOTICES 35050 Cedar Cities Energies, Inc. Bank holding company applications, eto 35051 Estep Coal Corp. 35043 N CN B Corp. et al. 35051 Freeman United Coal Mining Co. 35052 H .A.T. Coal Co. Federal Trade Commission 35052 Lovilia Coal Co. RULES 35052 Penelee Coal Co., Inc. Prohibited trade practices: 35053 SN & N Coal Co. 35007 California-Texas Oil Co. et al. 35053 Southern Ohio Coal Co. 35007 Diamond Crystal Salt Co. 35053 T .A .G . Coal Co. 35008 General Motors Corp. et al. NOTICES Minerals Management Service 35043 Premerger notification waiting periods; e.arly NOTICES terminations Environmental statements: availability, etc.: 35045 North Atlantic O C S oil and gas lease sale; Fish and Wildlife Service correction ' PROPOSED RULES Endangered and threatened species: National Highway Traffic Safety Administration 35031 Interior least tern; comment period reopened, NOTICES etc.; correction Motor vehicle safety standards; exemption petitions, etc.: Health and Human Services Department 35067 Isuzu Motors Ltd. See Centers for Disease Control.

Interior Department National Oceanic and Atmospheric S ee Fish and Wildlife Service; Land Management Administration Bureau; Minerals Management Service; National RULES Park Service. Fishery conservation and management: 35021 Atlantic surf clam and ocean quahog International Trade Administration NOTICES National Park Service Antidumping: NOTICES 35034 Large diameter carbon steel welded pipes from Historic Places National Register: Brazil 35045 Certified historic districts; additions Federal Register / Vol. 49, No. 173 / Wednesday, September 5,1984 / Contents V

National Transportation Safety Board NOTICES 35054 Accident reports, safety recommendations, and responses, etc.; availability

Nuclear Regulatory Commission NOTICES Applications, ,etc.: 35058 Pacific Gas & Electric Co. 35058 Texas Utilities Generating Co. Environmental statements; availability, etc.: 35057 Northeast Nuclear Energy Co. 35061 Wisconsin Electric Power Co. Meetings: 35062 Reactor Safeguards Advisory Committee 35062 Three Mile Island Unit 2 Decontamination Advisory Panel 35068 Meetings; Sunshine Act

Parole Commission NOTICES 35069 Meetings; Sunshine Act

Securities and Exchange Commission NOTICES 35062, Agency information collection activities under 35063 OM B review (2 documents) Hearings, etc.: 35063 Capital Investments, Inc. 35063 Continental Assurance Co.XNA Variable Account 35064 Great-West Life & Annuity Insurance Co. et al. 35064 Vermont Yankee Nuclear Power Corp. Self-regulatory organizations; proposed rule changes: 35065 Philadelphia Stock Exchange, Inc. Self-regulatory organizations; unlisted trading privileges: 35065 Cincinnati Stock Exchange 35066 Midwest Stock Exchange, Inc.

Transportation Department See also Coast Guard; Federal Aviation Administration; National Highway Traffic Safety Administration. NOTICES Meetings: 35067 Minority Business Resource Center Advisory Committee

- Treasury Department See Alcohol, Tobacco Firearms Bureau; Customs Service.

United States Information Agency NOTICES Art objects, importation for exhibitions: 35067 Van Gogh in Arles

Reader Aids Additional information, including a list of public laws, telephone numbers, and finding aids, appears in the Reader Aids section at the end of this issue VI Federal Register / Vol. 49, No. 173 / Wednesday, September 5,1984 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Administrative Orders: Memorandums: August 30, 1984...... 35001 7 CFR Proposed Rules: 920...... 35022 9 CFR Proposed Rules: 112 ...... 35022 113 ...... 35022 12 CFR 543...... 35003 563...... 35003 14 CFR Proposed Rules: 93...... :...... 35026 16 CFR 13 (3 documents)...... 35007, 35008 17 CFR 33...... 35010

19 CFR Proposed Rules: 101...... 35026 27 CFR Proposed Rules: 9...... 35027 33 CFR 100...... 35010 40 CFR 30...... 35010 721...... 35011 Proposed Rules: 50...... 35029 53...... 35029 58...... 35029 81...... 35029 180...... 35030 SO CFR 652...... 35021 Proposed Rules: 17...... 35031 35001 Federal Register Presidential Documents Vol. 49, No. 173

Wednesday, September 5, 1984

Title 3— Memorandum of August 30, 1984

The President Memorandum for the United States Trade Representative

Pursuant to Section 6 of the Bus Regulatory Reform Act of 1982 (49 U.S.C. 10922(7) (1) and (2)), I hereby extend for an additional two years the moratori­ um imposed by that Section and all actions taken by me under that Section on the issuance of certificates or permits to motor carriers domiciled in, or owned or controlled by persons of, a contiguous foreign country. This action pre­ serves the sta tu s quo and will maintain the moratorium through September 19, 1986, unless earlier revoked or modified. This memorandum shall be published in the Federal Register.

THE WHITE HOUSE, Washington, August 30, 1984.

|FR Doc. 84-23539

Filed 8-31-84; 1:53 pm] Billing code 3195-01-M

35003

Rules and Regulations Federal Register Vol. 49, No. 173

Wednesday, September 5, 1984

This section of the FEDERAL REGISTER The proposed changes were intended to L General Comments contains regulatory documents having ensure that such institutions not adopt general applicability and legal effect, most titles or advertising practices that would Comments which did not respond to of which are keyed to and codified in any particular provision of the proposed mislead the public by appearing to the Code of Federal Regulations, which is rule, but rather focused on the need for characterize them as commercial banks published under 50 titles pursuant to 44 the regulation, centered around the issue U.S.C, 1510. or other types of institutions. of consumer confusion. The Code of Federal Regulations is sold In the Board’s view, this distinction by the Superintendent of Documents. Eleven respondents felt that was particularly important in light of the Prices of new books are listed in the consumers are not confused and are first FEDERAL REGISTER issue of each passage of the Gam -St Germain generally sophisticated and week. Depository Institutions A ct of 1982 knowledgeable about the various types (“Gam A ct” ), Pub. L. 97-320, October 15, of financial institutions available to 1982. The Garn Act authorized the Board them. One commenter stated his belief to charter new federal savings banks FEDERAL HOME LOAN BANK BOARD that it was inappropriate for the Board and federal stock savings and loan to go beyond regulating to prevent 12 CFR Parts 543 and 563 associations, and permitted savings misrepresentation and to begin banks to convert to federal charter büt regulating against possible confusion, [Docket No. 84-461] retain Federal Deposit Insurance while another commenter stated that the Amendments Regarding Corporate Corporation ("FDIC”) insurance of Board has not proved that any confusion Titles of Federal Associations and accounts. Because of the proliferation of exists. Another view held that the issue Advertising of Insured Institutions types of federal thrift institutions, the of confusion was unimportant since Board was concerned that there was an consumers perceive commercial banks August 27,1984. increased risk of public confusion as to and thrifts similarly already with no AGENCY: Federal Home Loan Bank the identity and nature of the adverse effects. One thrift agreed that Board. ;;V- institutions with which the public has there probably is some need for a c t io n : Final rule. dealings. In addition, certain institutions direction, but felt that use of the word proposed corporate names which would “savings” in the titles of associations Su m m a r y : The Federal Home Loan Bank was not the answer. Board is amending its regulations to not identify them as depository Two commenters cited a survey require more informative corporate titles institutions of any kind. In the majority conducted in 1978 by the New York for federally chartered savings of states, savings banks were unknown League of Savings Institutions which associations and, correspondingly, more before the Gam A ct and a title which found that the vast majority of the specific identification of insured included the word “bank” without the public cannot differentiate among the institutions in advertising. Corporate word “savings” would evoke thoughts various types of financial institutions no titles and certain forms of advertising in only of commercial or industrial banks matter what the title. They cited this use on May 4,1984, are exempt from the in the minds of consumers. The study to support their contention that changes. proposed amendments were intended to the regulation would serve no useful prevent the adoption of corporate titles e f f e c t iv e d a t e : September 28,1984. purpose and that adding the word or advertising practices that create such FOR FURTHER INFORMATION CONTACT: “ savings” is not going to clear up the David A . Permut, Attorney, (202) 377- public misperceptions, by, among other confusion. 6962, Diane Menefee, Paralegal, (202) things, appearing to characterize thrift 377-7059, Office of General Counsel, institutions as commercial banks or II. Section 543.1—Corporate Titles other types of institutions. Federal Home Loan Bank Board, 1700 G Section 543.1 of the proposed Street N W „ Washington, D .C. 20552. The comment period for the proposal regulation would require a federal SUPPLEMENTARY INFORMATION: By ended on July 3,1984. The Board association’s title to include the word Resolution No. 84-200, (49 F R 19029, received 60 public comment letters, of “savings" and in some manner indicate May 4,1984) the Federal Home Loan which 52 were from thrift institutions that it is a federal association. The most Bank Board (“Board”) proposed to and their representatives, seven from frequently cited objection to this amend its corporate title regulations for commercial bank representatives, and requirement, mentioned by 21 of the federally chartered savings and loan one from an advertising agency. respondents, was that it would inhibit associations and savings banks The thrifts generally opposed the ability of thrifts to communicate the (“Federal associations”), and its adoption of the rule, with three of that availability of new services to the advertising regulations for institutions group suggesting modifications. The consumer and would undermine the whose accounts are insured by the efforts of thrifts to provide all the Federal Savings and Loan Insurance commercial banks, with one exception, were supportive of the proposal on the financial needs of their customers. Six of Corporation and federal savings banks the comments received, including those whose accounts are insured by the grounds that the rules were needed and would help the public differentiate from an industry-wide group, stated that Federal Deposit Insurance Corporation the use of the word “sayings” in the title between thrifts and other financial ( insured institutions”). This action was of thrifts does not accurately describe institutions. proposed because of the Board’s belief the nature of the industry today or its in the importance of distinguishing A summary of the comments received expanded services. Many also felt that thrifts from other, financial institutions. is set forth below. in order to survive, thrifts must be 35004 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Rules and Regulations allowed to compete in the marketplace “ savings” institutions because the public institution" will create the impression in and emphasize their new services. They would tend to think that the only the public eye that thrifts and savings believe the proposed rule would put services they provide are savings banks are not eqaual to “real” banks, them at a disadvantage in developing accounts. and cannot offer competitive services. An industry group expressed the view the identity they need to compete III. Section 563.27—Advertising successfully. Use of the word “savings” that use of the word “savings” may lead was perceived to be misleading, too The advertising provisions of the the public to believe that there is a restrictive, and counter to the spirit of proposed regulation would require that difference between the rates being the Garn Act, the intent of which was to (a) no insured institution shall use advertised by banks and those being allow thrifts to be more competitive and advertising that is inaccurate or in any advertised by savings institutions. provide new services to consumers. way misrepresents its services, If an association with existing Nine of the comments received contracts, investments or financial grandfathered signs opened a new addressed the “grandfathering” condition; and (b) any advertising branch or acquired additional offices specifically indicate that an insured provisions of § 543.1 which would through merger or bulk purchase of institution is a savings institution. Office exempt corporate titles in use on the assets, the proposal would exempt any signs existing on May 4,1984, that depict date the proposed regulation was new sign to the extent it did not comply the name of the insured institution published. They felt that grandfathering with the advertising rule. Two would be grandfathered for as long as titles already changed would give an institutions felt that new branches the institution chose to use its unfair competitive advantage to these should be alowed to display the grandfathered corporate title. associations. One suggested that, rather Eight of the respondents felt strongly grandfathered name also, apparently not than grandfathering these titles, the that additional financial hardship would realizing that this was what the proposal Board allow them a certain period of result if the advertising regulations were allowed. Two thrifts commented that the time, perhaps 24 months, within which adopted. They believed that changing public perceives no real difference to bring themselves into compliance their logos and signs would be between thrifts, savings banks and with the new rule. Two respondents prohibitively expensive and cause commercial banks. In the view of these suggested that if the rule is adopted, all further damage to thrifts’ already fragile commenters, the public does not care so associations that have changed titles condition. One thrift estimated that this much about the type of institution as to should be grandfathered completely and rule could cost even a small institution cares about the type of services exempted from both the corporate title with only ten branches a minimum of provided and the safety of its money. and the advertising provisions of the $50,000 for signs alone, and stated that A commercial banking industry regulation. costs would run much higher—to half a representative was highly supportive of Other commenters complained that million dollars or more—for larger the advertising rule and enclosed copies competing state associations would not institutions with 20 or 30 branches. of newspaper ads placed by a savings have to change their names and would Two thrifts wrote to say that they and loan association that the have an unfair competitive advantage. currently use “savings and loan representative felt were misleading. One association stated it would suffer association” as part of their corporate It was argued that it would be difficult undue hardship if forced to change its titles, and the titles would not, therefore, to adapt a 30-second radio or T V ad to short title because longer names are need to be grandfathered. However, the required form because the additional harder to remember and the change they went on to explain that they have language would be cumbersome, would confuse the public. Three signs at existing offices that say only “X unnecessary and confusing. Two commenters felt that current rules Federal,” which would have to be commenters suggested that the FDIC against misrepresentation are sufficient redesigned according to the provisions and the Board jointly adopt a bilaterial to ensure that thrifts do not hold of the advertising regulation. The rule to clarify the differences between themselves out to be what they are not, associations asserted that costs to these institutions. They suggested that and that, in any event, use of the word change the signs would be staggering commercial banks be required to include “savings” would not necessarily clarify and suggested that the Board allow “commercial” in their titles. what type of institution it was. An existing signs to remain, provided that industry trade group indicated its belief the associations place their full name on One institution requested that the Board distinguish between advertising that associations converting to a federal doors and windows. A group charter should be exempted and not representing thrift institutions raised and operational materials and limit the made to change their names beyond this same issue on behalf of its members rule to TV, radio, newspaper ads and adding “FSB” or “F A ” to their titles. who will find themselves in the same the like. It argued that stationery, merfto This is particularly true, thè position as these two associations. paper, signature cards, account organization asserted, for associations The issue of public confusion was statements and similar items are that have had a name for many years to mentioned by both those that opposed intended for internal use or to which much consumer loyalty and the advertising regulation and those that communicate with existing customers goodwill is attached. Two responses supported it. While a few commenters who already know who and what they questioned how using "savings” in their argued that there was no consumer are. titles was going to emphasize the real confusion, at least eight believed that * Five commenters supported the estate lending role of thirfts. A the advertising rule would add to any advertising rule because they believed it suggestion was made by three of the public confusion that already exists or, would plarify the different types of responding associations that rather than at the very least, not aid in clearing it institutions with which the public has using “ savings” in their title thrifts up. One reason given for this was that dealings. One banking industry group instead be required to identify some thrifts will now advertise requested that the Board limit the themselves as being insured by the themselves as “savings” institutions exemption for supplies of stationery and FSLIC. Two associations feh that they while other will not. They also believe promotional materials for a one-year would be unable to generate mortgage that use of “disclaimer” language in period, and also require that advertising loan business if they called themselves advertising or use of the words "savings comply with state laws.! Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Rules and Regulations 35005

A bankers’ association wrote that emphasized the unique role of thrift services they offer known to the misleading advertising was not in the institutions as primary lenders for the consumer without using corporate titles public interest and thrifts who engage in nation’s residential real estate markets. that are so vague as to be misleading. such activities create public distrust and The publicity given in recent years to Certainly, it is not possible for any threaten the soundness of all financial the precarious financial state of many financial institution, commercial or institutions. This organization felt that commercial banks and savings otherwise, to identify, in its title alone, no grandfathering should be allowed. institutions, as well as the increased all the services it offers. Some of this IV. The Final Regulation popularity and availability of high must be left to the devices of advertising interest-bearing accounts and funds, has and promotion. The Board believes this After consideration of the public created a new awareness in some to be an appropriate and reasonable comments, the Board has determined to consumers of the variety of financial approach. , adopt the amendments substantially as institutions and the services they offer. proposed. The Board has considered The provision for “grandfathering” of This does not mean, however, that all, or titles in use on the publication date of carefully its concern that thrift even most, consumers are sufficiently institutions accurately convey in their the proposed rule was provided because aware of these changes or readily it is not the Board’s intention to require corporate titles and advertising the type distinguish among the various types of of institutions they are, and has costly changes for those institutions that institutions, nor does it mean that there have recently converted or changed weighted this concern against the is no need to ensure that institutions do comments received in response to the their titles in reliance upon then-existing not use misleading titles or advertising. regulations. Some commenters objected proposed regulation. The final regulation The retention of their special identity is is intended to balance the concerns that this would give an unfair advantage important, both to preserve their role as to these grandfathered associations. expressed by commenters against the primary lenders in the real estate After careful consideration of these need to clarify and keep distinct the mortgage market and to avoid confusing comments, the Board feels that any identity of thrift institutions. or misleading consumers as to their true advantage will be temporary and that The issue of public confusion was identity. the provisions of the advertising discussed by many respondents. In The argument presented by some regulation will correct any imbalances. considering this issue, the Board notes commenters, that use of the word A s indicated in the preamble of the that, following the passage of the Gam “savings” in corporate titles will proposal, it is estimated that only 21 Act, federal associatons have eagerly undermine their ability to attract loans associations and 39 savings banks have and aggressively begun marketing the for mortgages and therefore operate titles that will be grandfathered under new services they are now able to offer. against the Board’s expressed intent to the provisions of the new regulations, all Certain institutions have proposed preserve their role in this règard, the corporate names which do not readily Board finds strained at best. other associations and savings banks, already comply with the regulations; identify them as depository institutions Traditionally, titles of savings and loan these 60 institutions will be required to of any kind. Savings banks, which did institutions have included the word comply with the Board’s new not exist in the majority of states prior “savings.” The identity of an association to the Garn Act, are now becoming nore called, for example, First Federal advertising requirements. A savings common. Because these institutions are Savings and Loan Assocaition, has been bank, for example, could not simply use relatively new, use of a title which firmly established in the public mind as the phrase "bank” in advertising its contains the word “bank” without the an institution that offered savings name without indicating that it is a modifying word “savings” may led the accounts and home mortgage loans. This savings bank, even if its title is public to believe that they are was perceived to be their primary grandfathered and does not contain the commercial banks. function. The Board does not, therefore, word “savings.” Studies conducted in the 1970s or believe that use of the word “savings” in The suggestion that institutions be earlier, and cited by some commenters corporate titles will now lead the allowed to comply with the regulation to support their contention that the consumer to believe that savings by simply adding “FSB” after their titles public does not or cannot differentiate accounts are the only function of any is not acceptable to the Board. Unless between a savings institution and a particular institution. The question then the words are spelled out clearly, the commercial bank no matter what the remains as to whether such public danger still exists that the titles will be title, do not convince the Board that this indentification will make it impossible misleading. It is also uncertian whether regulation lacks merit. First, the studies for federal associations to relate their the majority of consumers are as yet were conducted prior to the Gam Act new and expanded services to the aware of what the letters “FSB” stand and the advent of a much more complex consumer. It is not the Board’s design, in for. financial environment. In the past, formulating this regulation, to hinder Additionally, it is possible that the commercial banks and savings institutions in their attempts to sell their letters “FSB” would be printed in so institutions were distinguished by the new services and compete in the small a print as to be almost different services they offered. A s marketplace. Indeed, it is and always indiscernible. If the words "savings savings institutions have acquired the has been of primary importance to the bank” are actually part of the title, this ability to offer new services and Boards that federal associations be able will not be possible. restructure their corporate forms, these to compete succesfully in the With regard to the advertising rules, distinctions are in danger of becoming marketplace and thus ensure their several commenters requested a blurred. The Board believes it is financial health and success. However, modification to cure a situation peculiar incumbent upon it, and in the public the Board must weight these concerns to their associations and possibly interest, to keep the identity of different against the important need of others. These thrifts currently have types of depository institutions as institutions to maintain their identity as corporate titles that do not need to be distinct as possible. thrifts and not to mislead the consumer grandfathered because they already It never was the intent of the Gam into believing that they are commercial include the word "savings” in their titles Act to turn savings institutions into banks. The Board believes that (e.g., First Federal Savings and Loan commercial banks. Indeed, the Gam Act institutions are capable of making the Association). However, they are 35006 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Rules and Regulations concerned that under the proposed materials, as suggested by one Regulatory Flexibility Analysis advertising rule they would be forced to respondent, from the advertising Pursuant to section 3 of the Regulatory modify signs that now say only, for provisions of this regulation. The Flexibility Act (5 U.S.C. 601 et seq.), the example, “First Federal,” “Home argument that these items are intended Board is providing the following Federal,” or “First Fidelity,” to include for internal use or are sent (as in the regulatory flexibility analysis. the word “ savings.” In order to address case of bills or statements of account) to 1. Reasons, objectives, and legal basis this concern, the final advertising rule those who already know the identity underlying this proposed rule. These has been modified to provide that if the and type of association that they are factors are discussed elsewhere in the word “bank” is not used in the dealing with, is not convincing. While supplementary information. advertising of institution’s name, the part of what the respondent says is true, 2. Small entities to which the rule will word “savings” need not be used in such it is also true that an institution’s apply. The rule on corporate titles would advertising. This will allow associations stationery can be, and probably is, used apply only to savings and loan to continue using the above-described to solicit new business and accounts. To associations and savings banks that are types of signs. It is the opinion of the require that some of these items must federally chartered (“federal Board that such signs are not comply and other materials need not associations”) including federal savings misleading. These short-form titles have comply with the advertising provisions banks the accounts of which are insured always signalled to the public that the would put the Board in the untenable by the Federal Deposit Insurance institution is a thrift institution and it is position of constantly ruling on each Corporation. The rule on advertising not this type of advertising that the particular item, and inconsistency in would apply to all institutions the Board feels is misleading and is advertising material may in itself create accounts of which are insured by the attempting to prevent. customer confusion. In addition, the Federal Savings and Loan Insurance The Board is aware of and has Board believes institutions would find it Corporation and to federal savings considered the arguments of some to be to their advantage to have the banks the accounts of which are insured institutions that compliance with the information used in these items agree by the Federal Deposit Insurance provisions of this regulation might with the information presented in other Corporation. involve expenditure of substantial forms of advertising. Indeed, this 3. Impact of the rule on small federal amounts of money for some institutions. associations. The rule would not have However, the Board does not believe argument was put forward by the institutions themselves to support the an adverse impact on small institutions. that it would be in the public interest to The changes are clarifying in nature, allow thrifts or savings banks to idea that all signs should be grandfathered, regardless of when they and thus would be expected to have a advertise themselves in misleading beneficial impact on large and small came into being. ways simply because not doing so might institutions alike. One of the industry representative involve the expenditure of certain 4. Overlapping or conflicting federal amounts of money. Therefore, the Board groups indicated its belief that the Board ru les. There are no known federal rules has minimized the impact of any does not have the authority to apply the that may duplicate, overlap, or conflict financial burden by amending the rule to savings banks which are insured with the rule. reguatory language to make clear that by the FDIC. Section 5(o) of the Home 5. Alternatives to the rule. The rule is the grandfathering of signs and Owners* Loan Act was added by the intended to avoid possible confusion on materials applies to all insured Gam Act and allows state-chartered the part of the public toward the institutions. Signs in existence or savings banks insured by the FD IC to regulated industry, and there are no ordered on M ay 4,1984, will be convert into federal savings banks, if not alternative approaches that would have grandfathered as long as the institution in contravention of applicable state law. the intended result with a lesser impact continues to use the corporate titles it The Board was given statutory on small entities. had at that date. Stationery and other authority, and was directed by that promotional materials on hand as of that section, to provide for the organization, List of Subjects in 12 CFR Parts 543 and date may continue to be used until incorporation, operation, examination, 563 existing supplies are exhausted and the and regulation of such institutions. The Savings and loan associations. institution needs to reorder such Board therefore believes that applying Accordingly, the Board hereby materials. its advertising rules to these institutions amends Part 543, Subchapter C, and Part Some institutions expressed a desire is an authorized and appropriate use of 563, Subchapter D, Chapter V of Title 12, that all of their signs be exactly alike, its statutory responsibilities. Code of Federal Regulations, as set forth and that new signs not be required to In considering a final regulation, the below. comply with the new regulation. A s the Board indicated in the proposed Board did not lose sight of the fact that SUBCHAPTER C—FEDERAL SAVINGS AND regulation, all titles of federal the majority of comments it received LOAN SYSTEM associations in existence on May 4, opposed the adoption of this regulation. The Board has endeavored, in adopting PART 543—INCORPORATION, 1984, may continue to be used. Should ORGANIZATION AND CONVERSION such an institution open a new office or the final regulation, to meet as many of acquire additional offices through the concerns of the commenters as 1. Revise § 543.1(a) as follows: merger or bulk purchase of assets, it possible. The Board believes, however, could put up a new sign with that title or that preserving the very distinct identity § 543.1 Corporate title. logo despite its noncompliance with the of thrift institutions is of paramount (a) General. Except for corporate titles regulation. However, all other importance. Added to this is the weight in existence or applied for as of May 4, advertising would have to comply with that must be given to the need to protect 1984, a Federal association’s title shall the advertising regulations. the public interest and ensure that include the word “Savings” and in some With regard to stationery, supplies members of the public are not misled as manner indicate that it is a Federal and other such items, the Board does not to the nature of the institutions with association. A Federal association shall feel it is appropriate to exempt these which they may wish to do business. not adopt a title that misrepresents the Federal Register / Vol 49, No. 173 / Wednesday, September 5, 1984 / Rules and Regulations 35007

nature of the institution or the services it methods of competition, this consent Maintain records; Subpart— offers. .V-,, - ' order requires a Glendale, Ca. company * * ~ * * * Misrepresenting Oneself and Goods— and its corporate president, among other Goods: § 13.1710 Qualities or properties; SUBCHAPTER D—FEDERAL SAVINGS AND things, to cease making mileage or § 13.1730 Results; § 13.1740 Scientific or LOAN INSURANCE CORPORATION emission improvement claims for the other relevant facts. Subpart— “AW ECO Mileage Extender” or any - Neglecting, Unfairly or Deceptively, To PART 563—OPERATIONS gasoline additive or automotive device, Make Material Disclosure: § 13.1863 unless the claims can be substantiated 2. Revise § 563.27 as follows: Limitation of product; § 13.1885 by competent and reliable scientific Qualities or properties; § 13.1895 § 563.27 Advertising. tests. The company must also Scientific or other relevant facts. prominently disclose any material (a) No insured institution shall use List of Subjects in 16 CFR Part 13 advertising (which includes print or limitations or inferences that can be broadcast media, displays and signs, drawn from test results used to Automobile retrofit devices, Trade stationery, and all other promotional substantiate mileage or emission practices. reduction claims. The order further bars : materials), or make any representation (Sec. 6. 38 Stat. 721; 15 U.S.C. 46. Interprets or the company from making any fuel which is inaccurate in any particular or applies sec. 5, 38 Stat. 719, as amended; 15 ¡which in any way misrepresents its economy or automotive emissions U.S.C. 45) services, contracts, investments, or performance claims using the phrase “up Emily H. Rock, to” or words of similar import, unless a financial condition. Secretary. | (b) Any advertising shall specifically substantial number of consumers, driving under normal conditions, can [FR Doc. 84-23457 Filed 9-4-84; 8:45 am] indicate that an insured institution is a BILLING CODE 6750- 01-M savings institution; except that if the achieve the level of performance word “bank” is not used in the claimed. advertising of the institution’s name, the DATE: Complaint and Order issued July 16 CFR Part 13 [word "savings” need not be used in such 16,1984.1 advertising. No insured institution shall FOR FURTHER INFORMATION CONTACT: [Docket 7323] ¡advertise or hold itself out to the public Paul R. Roark, 7R, Los Angeles Regional as a commercial bank. Signs existing or Office, Federal Trade Commission, Diamond Crystal Salt Company; ordered on M ay 4,1984, depicting the 11000 Wilshire Blvd., Los Angeles, Ca. Prohibited Trade Practices and name of the insured institution, may be 90024, (213) 209-7575. Affirmative Corrective Actions used for as long as the institution SUPPLEMENTARY INFORMATION: On AGENCY: Federal Trade Commission. chooses to continue to use the corporate Tuesday, M ay 1,1984, there was ACTION: Modifying Order. title in existence on that date, and may published in the Federal Register, 49 FR also be used on offices established of 18529, a propôsed consent agreement acquired after that date for the same SUMMARY: This order reopens the with analysis In the Matter of proceeding and modifies the period. Stationery and other Califomia-Texas Oil Company, a promotional materials on hand as of that Commission’s order issued February 4, California corporation, and Eileen M. 1960, by deleting the provision that Wate are exempt until such time as the Robertson, individually and as an officer insured institution needs to reorder such required the company to give the of Califomia-Texas Oil Company, for Commission 90 days’ notice of any piaterials in the ordinary course of the purpose of soliciting public pusiness. acquisition of a salt producer or comment. Interested parties were given distributor. KSec. 5,48 Stat. 132, as amended; 12 U.S.C. sixty (60) days in which to submit P464; secs. 402, 403, 48 Stat. 1256,1257, as comments, suggestions or objections DATES:. Final Order issued February 4, ¡»mended; 12 U.S.C. 1725,1726; Reorg. Plan regarding the proposed form of order. 1960; Modified order issued July 30,1984. P°- 3 of 1947,12 FR 4981; 3 CFR, 1943-48 Pomp., p. 1071) No comments having been received, FOR FURTHER INFORMATION CONTACT: the Commission has ordered the Elliot Feinberg, L-301, FTC, Washington, By the Federal Home Loan Bank Board. issuance of the complaint in the form D .C. 20580 (202) 634-4604. O' J. Finn, contemplated by the agreement, made secretary. SUPPLEMENTARY INFORMATION: In the its jurisdictional findings and entered its Matter of Diamond Crystal Salt |FR Doc. 84-23357 Filed 9-4-84; 8:45 am] order to cease and desist, as set forth in Company, a corporation. Codification piUlNG CODE 6720-01-M the proposed consent agreement, in appearing at 25 FR 1873, remains disposition of this proceeding. unchanged. The prohibited trade practices and/or Federal t r a d e c o m m is s io n corrective action, as codified under 16 List of Subjects in 16 CFR Part 13 CFR Part 13, are as follows: Subpart— CFR Part 13 Salt, Trade practices. Advertising Falsely or Misleadingly: § 13.10 Advertising falsely or (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets or pocket No. C-3138] applies sec. 7, 38 Stat. 731, as amended; 15 misleadingly; § 13.170 Qualities or U.S.C. 18) properties of product or service; § 13.170-34 Economizing or saving; Order Modifying Final Order in Docket § 13.190 Results; § 13.205 Scientific or No. 7323 other relevant facts. Subpart— Corrective Actions and/or Commissioners: James C. Miller III, Requirements: § 13.533 Corrective Chairman, Michael Pertschuk, Patricia P. actions and/or requirements; § 13.533-45 Bailey, George W. Douglas, Terry Calvani. 1 Copies of the Complaint and the Decision and In the matter of Diamond Crystal Salt Order filed with the original document. Company, a corporation. 35008 Federal Register / Vol. 49, No. 173 / Wednesday. September 5, 1984 / Rules and Regulations

On February 4,1960, the Federal SUPPLEMENTARY INFORMATION: In the decisions, the petitions are in the public Trade Commission, pursuant to Section Matter of General Motors Corporation, interest and should be granted. The 7 of the Clayton Act, issued the Order in et al. Codification appearing at 40 FR proposed modified order will continue to this case against Diamond Crystal Salt 15870, remains unchanged. require that respondents have a reasnable basis for vehicle handling Company. The Commission has List of Subjects on 16 CFR Part 13 determined that the public interest claims. ;>v would be served by deleting the Automobiles, Trade practices. It is therefore ordered that the provision of that Order that requires (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or proceeding is hereby reopened and the Diamond Crystal to give the apply sec. 5, 38 Stat. 719, as amended; 15 Decision and Order issued January 10, Commission 90 days’ notice of any U.S.C. 45) 1975, in Docket No. 8907 is hereby acquisition of a salt producer or Commissioners: James C. Miller III, modified to read as follows: distributor. Respondent has no objection Chairman, Michael Pertschuk, Patricia P. Decision and Order as to General to this modification. Bailey, George W. Douglas, Terry Motors Corporation Accordingly, Calvani. It is ordered, that this matter be, and it In the matter of General Motors I hereby is, reopened and that the Order Corporation, et al. It is ordered that respondent General in Docket No. 7323 be modified so that Motors Corporation, a corporation, its the reporting requirement contained in Order Reopening Proceeding and Modifying Cease and Desist Order successors and assigns, and its officers, Paragraph 5 terminates on the date of agents, represenatives, and employees, service of this order. On April 19,1984 General Motors directly or through any corporation, Issued: July 30,1984. Corporation [hereinafter G.M .C.], a subsidiary, division or other device, in By direction of the Commission. respondent in the above captioned connection with the advertising, offering matter, filed a petition pursuant to Rule Emily H. Rock, for sale, sale or distribution of any 2.51 of the Commission’s Rules of Secretary. automobile, in commerce, as Practice to reopen the above captioned “ commerce” is defined in the Federal [FR Doc. 84-23460 Filed »-4-84; 8:45 am] proceeding and modify the order entered Trade Commission Act, do forthwith BILLING CODE 6750-01-M therein (85 F.T.C. 32). On M ay 7,1984 cease and desist from: Campbell-Ewald Company, an 1. Representing, directly or by advertising agency for G.M.C. and also a 16 CFR Part 13 implication, in any manner including the respondent in the above matter, filed a use of any endorsement, testimonial, or [Docket No. 8907] petition to reopen and modify the order statement made by any individual, entered against Campbell-Ewald (85 group, or organization, that any General Motors Corporation, et al.; F.T.C. 35). automobile is superior to any other Prohibited Trade Practices and The order, which was entered in 1975, automobile or all other automobiles in Affirmative Corrective Actions prohibits the respondents from handling or that any automobile exhibits representing that any automobile is one or more vehicle handling a g e n c y : Federal Trade Commisson. superior in handling to any other characteristics superior to the vehicle ACTION: Modifying Order. automobile or all other automobiles handling characteristics of any other unless respondents have a reasonable automobile or all other automobiles, SUMMARY: This order reopens the basis for such representations. Handling proceeding and modifies the unless at the the time such is defined in terms of the response of the representation is first disseminated: Commission's 1975 cease and desist vehicle: (a) Respondent has a reasonable basis order which barred a motor vehicle (a) Under conditions where rapid for such representation, which shall manufacturer and its advertising agency^ steering inputs in evasive or emergency consist of a competent scientific test or from making superior handling claims maneuvers are necessary; for any automobile, unless these claims (b) Under cornering conditions at tests that sustantiate such were substantiated by scientific tests [85 speeds in excess of 30 miles per hour in representation; and F.T.C. 27]. In response to petitions from which levels of lateral acceleration in (b) Respondent’s agents, employees or both firms, the modifying order excess of .2g are attained; and representatives who are responsible for redefines the term “handling” as it (c) In gusty crosswinds, on rough engineering approval of any relates to the control of a moving roads and under severe steering-braking advertisement containing such automobile; adds a paragraph defining conditions. representation rely on such test or tests in approving such advertisement and the phrase “vehicle handling Respondents now seek to modify the characteristics;” clarifies the meaning of order by, inter alia, substituting a new provide to respondent’s agents, employees or representatives who are “ scientific tests” required for definition for handling, adding a new substantiating comparative claims; and paragraph defining vehicle handling responsible for approval of such advertisement a written statement that permits respondents to make superiority characteristics, and adding a further claims regarding one or more clarification to the definition of such reasonable basis exists which specifically identified vehicle handling scientific test. The modified order would substantiates the representation. characteristics without having to raise permit respondents to advertise specific 2. Failing to maintain and produce substantiation requirements for other aspects concerning the comparative accurate records which may be handling characteristics. handling of motor vehicles, without inspected by Commission staff members DATES: Cease and Desist Order issued having to prove overall handling upon reasonable notice: January 10,1975; Modifying Order superiority. (a) Which consist of the issued August 16,1984. The Commission has concluded that, documentation constituting the FOR FURTHER INFORMATION CONTACT: to avoid any unintended restriction on reasonable basis required by P a r a g r a p h FTC/B 417-1, Robert Barton, the dissemination to the public of 1.1 of this Order and which demonstrate Washington, D .C. 2Ó580, (202) 376-2863. information material to purchasing the respondent’s representatives r e lie d jjjggrï Register / Vol» 49, No. 173 / Wednesday, September 5, 1984 / Rules and Regulations 35009

on such reasonable basis as required in handling characteristic implies other device, in connection with the Paragraph 1.1(b); and superiority if the statement is phrased in advertising, offering for sale, sale or (b) Which shall be maintained for a the comparative or superlative degree, distribution of any automobile, in period of three (3) years from the date or if any advertising containing such commerce, as “commeerce” is defined in on which any advertisements containing statement conveys a net impression of the Federal Trade Commissin Act, do any such representation was last comparative superiority; provided, forthwith cease and desist from: disseminated. however, that any statement or 1. Representing, directly or by II statements in such advertising phrased implication, in any manner including the in the comparative or superlative degree use of any endorsement, testimonial, or It is further ordered, that for the regarding any subject other than purposes of Paragraph I of this Order, statement made by any individual, handling or vehicle handling group, or organization, that any the following definitions shall apply: characteristics will not, fo»1 that reason 1. Handling. The term “handling” is automobile is superior to any other alone and without a statistically valid automobile or all other automobiles in defined as the interaction of the driver, consumer survey, render any statement automobile, road, and environment as it handling or that any automobile exhibits in such advertising which does not one or more vehicle handling relates to the control of a moving relate to the handling or the vehicle automobile. characteristics superior to the vehicle handling characteristics of a vehicle and handling characteristics of any other 2. Vehicle Handling Characteristics. which is phrased in the positive degree The term “vehicle handling automobile or all other automobiles, , to be deemed a representation that unless at the the time such characteristics” is defined as the handling or vehicle handling representation is first disseminated; separately identifiable vehicle attributes characteristic Of the vehicle are superior which influence the automobile’s (a) Respondent or its client has a to any other vehicle or all other vehicles. contribution to handling. Vehicle reasonable basis for such representaton, A representation of superiority with which shall consist of a competent handling Characteristics include respect to one or more specifically scientific test or tests that substantiate numerous vehicle attributes, such as, but indentified vehicle handling not limited to, steering sensitivity, roll such representation; or characteristics shall not give rise to any compliance, lateral acceleration (b) Respondent has a reasonable basis substantiation requirements with for such representation which shall response time, steering effort, maximum respect to any other vehicle handling lateral acceleration, and task characteristic. consist of an opinion in writing signed performance maneuvering capability. by a person qualified by education and 3. Scientific Test. The term “ scientific IV experience to render such an opinion test” is defined and construed in It is further ordered that respondent (who, if qualified by education and accordance with the Federal Trade General Motors Corporation shall experience, may be a person retained or Commission’s Order as stated in forthwith distribute a copy of this employed by respondent’s client) that a Firestone Tire & Rubber Co., Docket No. Modified Order to each of its officers, competent scientific test or tests exist to 8818. agents, representatives, or employees substantiate such representation, “In our view a scientific test is one in who are engaged in the creation or provided that any such opinion also which persons with skill and expertise approval of advertisements. discloses the nature of such test or tests in the field conduct the test and evaluate and provided further that respondent its results in a disinterested manner V neither knows nor has reason to know using testing procedures generally It is further ordered that respondent that such test or tests do not in fact accepted in the profession which best General Motors Corporation notify the substantiate such representation or that insure accurate results. This is not to Commission at least thirty (30) days any such opinion does not constitute a say the respondent always must conduct prior to any proposed change in said reasonable basis for such laboratory tests. The appropriate test corporate respondent such as representation; depends on the nature of the claim dissolution, assignment, or sale resulting 2. Failing to maintain and produce made. Thus a road or user test may be in the emergence of a successor accurate records which may be an adequate scientific test to corporation, the creation or dissolution inspected by Commission staff members substantiate one performance claim, of subsidiaries or any other change in upon reasonable notice: whereas a laboratory test may be the the corporation which may affect (a) Which consist of the proper test to substantiate another compliance obligations arising out of documentation constituting the claim. Respondent’s obligation is to this Modified Order. reasonable basis required by Paragraph assure that any claim it makes is It is further ordered that respondent 1.1 of this Order and which demonstrate adequately substantiated by the results shall within sixty (60) days after service that respondent’s representatives relied of whatever constitutes a scientific test upon it of this Modified Order file with on such reasonable basis as required in in those circumstances.” the Commission a report, in writing, Paragraph 1.1(b); and Scientific tests for claims of setting forth in detail the manner and (b) Which shall be maintained for a superiority in handling or vehicles form in wich it has complied with this period of three (3) years from the date handling characteristics shall include Modified Order. on which any advertisements containing reliable measures to control the variable Decision and Order as to Campbeil- any such representation was last influences of the driver, road, and Ewald Company disseminated by respondent. environment so that the contribution of the automobile or of a specific vehicle I II attibute, can be identified. It is ordered that respondent It is further ordered that for the III Campbell-Ewald Company, a purposes of Paragraph I of the Order, the corporation, its successors and assigns, following definitions shall apply: It is further ordered that for the and its officers, agents, representatives, 1. H andling. The term “handling” is Purposes of Paragraph I of this Order a and employees, directly or through any defined as the interaction of the driver, statement about handling or any vehicle corporation, subsidiary, division or automobile, road, and environment as it 35010 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Rules and Regulations

relates to the control of a moving the handling or the vehicle handling first line, “not specifically” should read automobile. characteristics of a vehicle and which is "specifically”. 2. Vehicle Handling Characteristics. phrased in the positive degree to be BILLING CODE 1505-01-M The term “vehicle handling deemed a representation ihat handling characteristics” is defined as the or vehicle handling characteristics of the separately identifiable vehicle attributes vehicle are superior to any other vehicle DEPARTMENT OF TRANSPORTATION which influence the automobile’s or all other vehicles. A representation of contribution to handling. Vehicle superiority with respect to one or more Coast Guard ^handling Characteristics include specifically identified vehicle handling numerous vehicle attributes, such as, but characteristics shall not give rise to any 33 CFR Part 100 not limited to, steering sensitivity, roll substantiation requirements with [CGD 1-84-9R] compliance, lateral acceleration respect to any other vehicle handling response time, steering effort, maximum characteristic. Special Local Regulations: Peaks lateral acceleration, and task Island to Portland Swim; Correction performance maneuvering capability. IV 3. Scientific Tests. The term It is further ordered that respondent a g e n c y : Coast Guard, DOT. “scientific test” is defined and construed Campbell-Ewald Company shall ACTION: Correction. in accordance with the Federal Trade forthwith distribute a copy of this SUMMARY: This document corrects an Commission’s Order as stated in Modified Order to each of its officers, incorrect section number which Firestone Tire & Rubber Company., agents, representatives, or employees appeared in the Federal Register of Docket No. 8818. who are engaged in the creation or August 13,1984. "In our view a scientific test is one in approval of advertisements. which persons with skill and expertise FOR FURTHER INFORMATION CONTACT: in the field conduct the test and evaluate V LTJG Thomas E. Hobaica, (617) 223- its results in a disinterested manner It is further ordered that respondent 3607. using testing procedures generally Campbell-Ewald Company notify the accepted in the profession which best Discussion of Correction Commission at least thirty (30) days insure accurate results. This is not to In the Federal Register of August 13, prior to any proposed change in said say the respondent always must conduct 1984, page 32176, the Coast Guard corporate respondent such as laboratory tests. published a rule establishing a dissolution, assignment, or sale resulting “The appropriate test depends on the temporary section to Part 100 of Title 33 in the emergence of a successor nature of the claim made. Thus a road or CFR. The part is improperly identified in corporation, the creation or dissolution user test must be an adequate scientific the amendatory language as § 100.35-1- of subsidiaries or any other change in test to substantiate one performance 05. This document corrects that citation the corporation which may affect claim, whereas a laboratory test may be to read, § 100.35-1-9R. the proper test to substantiate another compliance obligations arising out of Dated: August 29,1984. claim. Respondent’s obligation is to this Modified Order. C.M. Holland, assure that any claim it makes is VI adequately substantiated by the results Captain, USCG, Executive Secretary, Marine of whatever constitutes a scientific test It is further ordered that respondent Safety Council. in those circumstances.” shall within sixty (60) days after service [FR Doc. 84-23365 Filed 9-4-84; 8:45 am] Scientific tests for claims of upon it of this Modified Order, file with BILLING CODE 4910-14-M superiority in handling or vehicle the Commission a report, in writing, handling characteristics shall include setting forth in detail the manner and reliable measures to control the variable form in which it has complied with this ENVIRONMENTAL PROTECTION influences of the driver, road, and Modified Order. AGENCY environment so that the contribution of Issued: August 16,1984. the automobile or of a specific vehicle 40 CFR Part 30 By direction of the Commission. attribute, can be identified. [OA-FRL-2664-3] Emily H. Rock, Ill Secretary. General Regulation for Assistance It is further ordered that for the (FR Doc. 84-23459 Filed 9-4-84; 8:45 am] Programs; Clarification purposes of Paragraph I of this Order, a BILLING CODE 6750-01-M statement about handling or any vehicle AGENCY: Environmental Protection handling characteristic implies Agency. superiority if the statement is phrased in ACTION: Clarification of Provisions the comparative or superlative degree, COMMODITY FUTURES TRADING Implementing Circular A-122, as COMMISSION or if any advertising containing such Revised. _ statement conveys a net impression of comparative superiority; provided, 17 CFR Part 33 SUMMARY: This Notice clarifies the *however, that any statement or Environmental Protection Agency’s statements in such advertising phrased Expansion of Commodity Option Pilot (EPA) implementation of the Office of in the comparative or superlative degree Program Management and Budget’s “Lobbying” revision to Circular A-122, “Cost regarding any subject other than Correction handling or vehicle handling Principles for Nonprofit Organizations.” characteristics will not, for that reason In FR Doc. 84-22491, beginning on OM B published its revision in the alone and without a statistically valid page 33641, in the issue of Friday, Federal Register on April 27,1984 (49 FR consumer survey, render any statement August 24,1984, on page 33644, in the 18260), with an effective date of May 29, in such advertising which does relate to second column, in § 33.4(a)(6)(i), in the 1984. Federal Register / VoL 49, No. 173 / Wednesday, September 5, 1984 / Rules and Regulations 35011

FOR FURTHER INFORMATION CONTACT: 90 days before manufacturing, final SNURs are subject to T S C A John A. Gwynn, Chief, Grants Policy importing, or processing potassium N,N- section 13 import certification and Procedures Branch (PM-216), bis (hydroxyethyl) cocoamine oxide requirements at 19 CFR 12.118 through Environmental Protection Agency, phosphate and potassium N,N-bis 12.127 and 127.28 published in the Washington, D .C. 20460, (202) 382-5268. (hydroxyethyl) tallowamine oxide Federal Register of August 1,1983 (48 FR SUPPLEMENTARY INFORMATION: EPA phosphate for use in consumer product 34734). The EPA policy in support of implements the OM B Circulars and formulations containing greater than these requirements appears at 40 CFR Federal regulations which establish cost five percent by weight of these Part 707 published in the Federal principles for Federal assistance substances. These chemical substances Register of December 13,1983 (48 FR agreements through the EPA’s “General 'were the subject of premanufacture 55462). Regulation for Assistance Programs” at notices (PMNs) P-82-400 and P-82-409 40 CFR 30.410. Section 30.410 lists the and a T S C A section 5(e) consent order II. Organization of This Rule Circulars and regulations applicable to prohibiting use of the substances in A . G eneral various types of recipient organizations. consumer products. Subpart A of the Section 30.410(c) applies OMQB Circular rule contains general procedural This rule establishes a new Part 721 in A-122 to nonprofit recipient provisions applicable to all SNURs. Title 40 of the Code of Federal organizations, except educational Subpart B contains provisions unique to Regulations (CFR) which is structured institutions. the two substances. into two major subparts. Subpart A Section 30.410 does not list the dates d a t e s : This rule shall be promulgated contains procedural provisions that that OMB Circulars and Federal for purposes of judicial review at 1:00 apply to this SN U R and will apply to all regulations are issued or revised. Unless p.m. eastern time on September 19,1984. SNURs. Since these provisions would a circular or regulation indicates This rule is effective October 19,1984. otherwise be repeated in each SNUR applying to specific chemical otherwise, EPA applies the version of FOR FURTHER INFORMATION CONTACT: substances, the Agency decided to the Circular or regulation that is in effect Edward A . Klein, Director, T S C A promulgate Subpart A . In future SNURs on the date an assistance agreement is Assistance Office (TS-799), Office of the provisions of Subpart A will apply awarded. The Federal Register preamble Toxic Substances, Environmental unless modified in the particular SNUR for the revised Circular A-122 issued on Protection Agency, Rm. E-543,401 M St., at that time. April 27,1984 (49 F R 18620) specified SW ., Washington, D .C. 20460, Toll free: that the revision would affect only (800-424-9065), In Washington, D.C.: Subpart B will contain the specific agreements awarded after M ay 29,1984, (554-1404), Outside the USA: (Operator- chemical substances and significant the effective date of the revised Circular. 202-554-1404). new uses for those substances as each Accordingly, EPA will apply the revised SN U R is promulgated, including SUPPLEMENTARY INFORMATION: OMB modifications of the Subpart A Circular to all assistance agreements Control Number 2070-0012. awarded after that date. provisions for specific substances for EPA’s general regulation restricts I. Introduction which the general provisions of Subpart using assistance funds for advocacy Section 5(a)(2) of TSCA authorizes A are inappropriate. A t this time, purposes at 40 CFR 30.801. Section EPA to determine that a use of a Subpart B consists of § 721.575 which 30.601 prohibits the use of assistance chemical substance is a significant new identifies two chemical substances and funds for “lobbying or influencing use. EPA must make this determination the significant new use of those legislation before Congress” or “partisan by rule, after considering all relevant substances discussed in Unit V of this or political advocacy purposes.” For factors, including those listed in section preamble. nonprofit recipient organizations other 5(a)(2) of T SC A . Once a use is The structure of Part 721 in two than educational institutions, EPA will determined to be a significant new use, subparts was originally proposed in the implement this prohibition consistent persons must, under section 5(a)(1)(B), Federal Register of November 26,1980 with § 30.410(c) and the requirements of submit a notice to EPA at least 90 days (45 FR 78970). Those sections which OMB Circular A-122 as revised. before they manufacture, import, or appear in Subpart A of Part 721 have Dated: August 22,1984. process the substance for that use. Such been proposed either individually or Harvey G. Pippen, Jr., a notice is generally subject to the same collectively and discussed in the Federal Director, Grants Administration Division. statutory requirements and procedures Register as part of a number of [FR Doe. 84-23422 Filed 9-4-84: 8:45 am] as a PMN submitted under section individual SNUR proposals. In adopting BILLING CODE 6560-50-M 5(a)(1)(A). In particular, these include Subpart A, EPA has considered public the information submission comments submitted on the procedural requirements of section 5 (b) and (d)(1), aspects of all SNURs proposed to date. 40 CFR Part 721 certain exemptions authorized by However, the Agency Will consider any section 5(h), and the regulatory further comments which are submitted 10PTS-50501A; FRL-2541-8] authorities of section 5 (e) and (f). If EPA regarding the provisions of Subpart A. Significant New Uses of Chemical does not take regulatory action under B. Organization of Subpart A Substances; Certain Chemicals section 5, 6, or 7 to control activities on which it has received a SNUR notice, Subpart A codifies the general a g e n c y : Environmental Protection section 5(g) requires the Agency to procedures for reporting on significant Agency (EPA). explain in the Federal Register its new uses. The subpart contains nine Ac t io n : Final rule. reasons for not takipg action. sections which are summarized below. Substances covered by proposed or 1. Section 721.1 describes the scope Su m m a r y : EPA is issuing a final final SNURs are subject to the export and applicability of Part 721. This significant new use rule (SNUR) under reporting requirements of T S C A section section explains the interrelation of section 5(a)(2) of the Toxic Substances 12(b). EPA regulations interpreting Subparts A and B and the relationship ^ontrol Act (TSCA), 15 U .S.C. 2604(a)(2), section 12(b) requirements appear at 40 of Part 721 to the PMN rules in Part 720. ° require persons to notify EPA at least CFR Part 707. Substances covered by The section also states that, where the 35012 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Rules and Regulations provisions of Parts 721 and 720 conflict, its customers intend to engage in the who should be liable for failure to Part 721 controls. Similarly, if Subparts significant new use. Therefore, EPA has submit a notice. EPA believes section A and B conflict, Subpart B will govern. provided, under § 721.5(a)(2), die means 5(a)(1)(B) of T S C A clearly provides that 2. Section 721.3 contains definitions by which persons who manufacture, manufacturers, importers, and applicable to significant new use import, process, or distribute the processors are liable for submission of reporting. Generally, the definitions in substance in commerce but who do not notices when they manufacture, import, section 3 of TSCA and those contained intend to commence a significant new or process a substance for a significant in the PMN rules will apply to SNUR use may demonstrate that they lack this new use. Some comments stated that reporting. Additional definitions have intent by compliance with die two manufacturer^ should not be held been provided in § 721.3 where no PMN provisions specified above. The term responsible for the failure of a processor definition exists or where the existing “ customer” is defined in § 721.3. to file a SN U R notice. Commenters also PMN definitions are inappropriate for Section 721.5(b) provides that a stated that EPA could not require SN U R reporting. A s new definitions are processor who engages in a significant manufacturers to inform their customers considered for particular substances and new use is not required to report if it can that their products are subject to SNUR significant new uses, they will be document that it has a reasonable belief reporting (or that they should be proposed as additions to Subpart A or B that the substance intended to be required to so so only when the as required. processed is not subject to a SNUR. chemical identity is confidential). Rather 3. Section 721.5 contains the general Examples of such documentation than make a manufacturer, importer, or scheme for determining who must report include: (1) A letter from a supplier processor liable when a customer on significant new uses. EPA has chosen assuring the purchaser that the processes a substance for a significant the most inclusive requirements for substance is not subject to a SNUR, (2) a new use without submitting a significant reporting consistent with section written response from EPA to a bona new use notice to EPA, EPA is 5(a)(1)(B) of T SC A . There will be fid e inquiry made under § 721.6 promulgating a scheme intended to occasions, such as with the rule being indicating that the substance in question ensure good faith compliance with codified here at § 721.575 in Subpart B, is not subject to a SNUR, and (3) written SNURs by enabling those persons who where the Agency will not require evidence (such as that which would be distribute a substance subject to a reporting from each of those persons submitted with a bona fid e inquiry SN U R in commerce (but who do not specified in § 721.5. In cases such as under § 721.6) which demonstrates that themselves commence a significant new these, EPA will promulgate specific the chemical structure of the substance use) either to submit a notice or to language, such as is contained in in question would not be included in the inform their customers of the SNUR. § 721.575, to narrow the scope of the specific or generic chemical name f Section 721.5(d) provides that any Subpart A requirements. identified in Subpart B of Part 721. This significant new use notice submitted by Section 5(a)(1)(B) of T S C A requires provision is consistent with paragraph an importer must be submitted by the persons to submit a SNUR notice to EPA (a)(2) to ensure that a significant new principal importer. The rationale for 90 days before they manufacture, use notice is submitted by a person who doing so is the same as for the import, or process a substance for a actually intends to engage in a requirement in the PM N rule. “Principal significant new use. Therefore, the significant new use before that use takes Importer” is defined in § 721.3 and is language of § 721.5 makes clear that place. very similar to the definition in the PMN manufacturers, importers, and Section 721.5(c) provides that if a rule § 720.3(z). The definition has been processors are subject to SN U R notice manufacturer, importer, or processor modified for this rule to apply to SNURs requirements. later has a reasonable belief that a rather than new chemical substances. Section 721.5 is designed to cover a customer is processing the substance for For a detailed explanation of the variety of situations. Paragraph (a)(1) a significant new use without submitting principal importer concept and its requires manufacturers, importers, and a significant new use notice, the application, see the preamble to the processors who intend to engage in a manufacturer, importer, or processor PM N rule published in the Federal designated significant new use to report. must submit a notice unless it ceases Register of M ay 13,1983 (48 FR 21726 Paragraph (a)(2) requires manufacturers, supplying the substance to the importers, and processors who are processor, notifies EPA enforcement and 21727). themselves not commencing a authorities, and does not resume 4. Section 721.6 contains procedures significant new use, but who intend to supplying the substance to the processor for determining whether a chemical distribute a substance subject to a until all required significant new use substance is subject to a SN U R when SNUR in commerce, to submit a notices have been submitted to EP A and the substance is identified by a generic significant new use notice unless: (1) the notice review periods have run chemical name in Subpart B. This They do not have a reasonable belief without regulatory action by EPA. This section allows any person who intends that their customers intend to engage in section ensures that there will be no to manufacture, import, or process a a significant new use without submitting intentional violations of SNURs after the chemical substance described by a the required notice and (2) they can manufacture, import, or processing of a generic chemical name in Subpart B to document that they have notified their substance identified in Subpart B of Part ask EPA whether their chemical customers that the substance is subject 721 has begun. substance is subject to a SNUR. The to a SNUR. EPA adopted this provision EPA believes that this approach will process for doing so is very similar to / because the Agency concluded that if a result in maximum compliance with the process required for manufacturers manufacturer, importer, or processor of SNURs because it clearly sets out the and importers to show a bona fid e intent a chemical substance subject to a SNUR relative responsibilities of to manufacture or import under 40 CFR distributes the substance in commerce manufacturers, importers, and 710.7(g)(2) of the Inventory Reporting (unless the manufacturer, importer, or processors for reporting under section Rules and 40 CFR 720.25(b)(2) of the processor has complied with the two 5(a)(1)(B) of T SC A . Premanufacture Notification Rules as provisions specified above), that person EPA has received comments on the published in the Federal Register of May “ intends” the significant new use to take issues of who should be required to 13,1983 (48 FR 21722). In instances such place, even if it does not know whether submit a significant new use notice and as this SNUR, where the two chemical f No. 1 7 3 / Wednesday, September 5, 1984 / Rules and Regulations 35013 substances are specifically identified, risk to health or the environment. EPA such person knew or had reason to the provisions of § 721.6 will not apply. may also refer information in a SNUR know was manufactured, processed, or Section 721.6 allows manufacturers, notice to other EPA offices and other distributed in commerce in violation of a importers, and processors to determine Federal agencies. If EPA does not take SNUR. whether they are subject to SNURs action under section 5, 6, or 7 to control b. Fail or refuse to permit entry or while protecting confidential business activities for which it has received a inspection as required by section 11 of information fCBI) from unnecessary significant new use notice, section 5(gj TSCA. disclosure. EPA proposed several requires the Agency to explain in the c. Fail or refuse to permit access to or SNURs in which the specific chemical Federal Register its reasons for not copying of records, as required by identities of the substances involved taking action. TSCA. were claimed as confidential by the Section 721.10(b) allows two or more Violators may be subject to various submitters of the PMNs for those persons who are required to submit a penalties and to both criminal and civil substances. In the proposals, EPA notice for the same chemical substance liability. Persons who submit materially identified the substances involved by and significant new use to submit a joint generic chemical names and PMN misleading or false information in notice to EPA. EPA believes that in connection with the requirement of any numbers. After considering comments many cases a manufacturer and a on these proposals, EPA has concluded provision of a SNUR may be subject to processor may work together to develop penalties calculated as if they never that, in general, it will not be necessary a significant new use and that each filed their notices. Under the penalty to reveal the specific chemical identities would have information important to the provision of section 1& of TSCA, any of such substances during the assessment of the use. However, EPA person who violates section 15 could be rulemaking or in the final rules. does not want to receive duplicative subject to a civil penalty of up to $25,000 However, in future SNURs, EPA will information and wishes to avoid the for each violation. Each day of operation continue to consider on a case-by-case burden on the submitters of such in violation could constitute a separate basis whether disclosure of specific duplication. Accordingly, § 721.10(b) violation. Knowing or willful violations chemical identity is necessary. provides that a joint notice can be of a SN U R could lead to the imposition 5. Section 721.7 explains the submitted as long as it contains all of criminal penalties of up to one year of applicability of T S C A section 12 and information that either person is imprisonment. Other remedies are section 13 requirements for exports and required to report. A joint notice may be available to EPA under sections 7 and imports of substances subject to SNURs. a single submission signed by both 17 of TSCA such as seeking an These requirements are summarized in parties or coordinated separate injunction to restrain violations of a Unit I of this preamble. submissions by both parties. Both SN U R and the seizure of chemical 6. As discussed in previously parties would remain liable individually proposed SNURs,'and as § 721.10 for failure to submit required substances manufactured, imported, or processed in violation of a SNUR. provides, SNUR notice submitters must information in the joint notice, including use the PMN form and follow the PM N information which is known to or Individuals, as well as corporations, procedures which have been codified in reasonably ascertainable by them and could be subject to enforcement actions. Part 720. In specific SNURs, such as this test data in their possession or control. Sections 15 and 16 of TSCA apply to one, EPA may modify the form Section 721.10(d)” makes clear that a “any person” who violates various requirements to avoid collecting person submitting a significant new use provisions of TSCA. EPA may, at its information not relevant to review of the notice cannot manufacture, import, or discretion, proceed against individuals significant new use. The Agency will process the substance for the significant as well as companies. In particular, EPA process the notice according to the new use until the notice review period, may proceed against individuals who procedures in Part 720 except to the including all extensions and report false information or cause it to be extent these may be modified in specific suspensions, has expired. As with reported. additions to Subpart B. PMNs, EPA expects that significant new 8. Section 721.17 establishes general EPA will issue a summary of each use notice submitters may, on occasion, recordkeeping requirements for SN U R notice in the Federal Register under suspend the notice review period, in notice submitters. These provisions section 5(d)(2)'. The review period for the accordance with § 720.75(b) of the PMN require the maintenance of notice will run 90 days from EPA’s rule which applies to SNURs under documentation of the information receipt of the notice. Under section 5(c), § 721.10(c), to give the submitter contained in a SNUR notice for a period this period may be extended up to an sufficient time to meet concerns raised of five years following the date of the additional 90 days for good cause. The by EPA during review. notice submission. These provisions are submitter may not manufacture, import, 7. Section 721.13 establishes consistent with those required of PM N or process the substance for the enforcement and compliance provisions submitters in § 720.78 in the PM N rule, significant new use until the review for SNURs which have been discussed and the Agency believes they should period, including extensions, has in previous SNUR proposals. apply ta SN U R notice submitters to expired. It is unlawful for any person to fail or ensure compliance with the notice The Agency may regulate the refuse to comply with any provision of requirements. substance during the review period. If j section 5 of T S C A or any rule 9. Section 721.19 establishes general significant new use notice is submitted promulgated under section 5. exemptions to significant new use for a chemical substance without Manufacture, import, or processing of a reporting requirements. Under this information sufficient to judge the chemical substance for a significant new approach, persons who manufacture, toxicity and exposure potential of the use without prior submission of a SNUR Import, or process chemical substances substance, EPA may issue a section 5(e notice is a violation of section 15 of identified in Subpart B will not be order hmiting or prohibiting the use uni TSCA. subject to the reporting requirements for 8~“ cient information is developed. In Section 15 also makes it unlawful for significant new uses under the following ad"j^on, section 5(f) authorizes EPA to any person to: circumstances: Prohibit a significant new use that a. Use for commercial purposes a a. The person has applied for and has presents or will present an unreasonab chemical substance or mixture which been granted an exemption for test 35014 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Rules and Regulations marketing the substance for the exposed to substanees in articles. two chemical substances and significant significant new use in accordance with However, for specific significant new new uses which are the subject of this section 5(h)(1) of the Act and § 720.38 of uses of specific chemical substances, rulemaking, as well as provisions the PMN rule. EPA may decide to eliminate one or all specifically applicable to the two b. The person manufactures, imports, of these three exemptions if EPA substances. or processes the substance in small decides that review under a SN U R is The Agency believes that there may quantities solely for research and warranted for specific substances as be circumstances that will lead to the development in accordance with section impurities or byproducts or in articles. modification of the significant new use 5(h)(3) of T SC A . EPA has also exempted persons from descriptions contained in Subpart B. c. The person has applied for and reporting when they manufacture or When a significant new use notice is been granted an exemption under process the specific substances solely submitted, EPA will review the use to section 5(h)(5) of TSCA. for export from the United States. While determine whether any regulatory action d. The person manufactures, imports, EPA might be concerned about worker is necessary. If following its review, or processes the substance only as an exposure or environmental release EPA allows the use to occur, the Agency impurity. during manufacture and processing of will consider amending the SN U R to e. The person manufactures, imports, substances solely for export, section' modify or eliminate the significant new or processes the substance only as a 12(a) of TSCA exempts substances use description if it finds that a change byproduct which is used only by public manufactured, processed, or distributed is warranted or that further notice of or private organizations that: (1) Bum it in commerce solely for export from that use under a SN U R is not warranted. as a fuel, (2) dispose of it as a waste, regulation under section 5(a)(2) unless EPA may also amend Subpart B to including in a landfill or for enriching EPA finds that the activities will present eliminate or modify other use soil, or (3) extract component chemical an unreasonable risk of injury to health descriptions if it determines, based on substances from it for commercial or the environment in the United States. data available to EPA, that à substance purposes. In most cases for SNURs, especially for no longer presents health or f. The person imports or processes the PMN substances which have not been environmental concerns for those uses. substance as part of an article. tested, EPA believes it will not have g. The person manufactures or made a “will present an unreasonable III. Background of Substances Subject to processes the substance solely for risk” finding and, thus, could not Specific SNUR export and, when distributed in overcome the section 12(a) bar. In cases The two chemical substances covered commerce, labels the substance in where the significant new use of by § 721.575 were the subject of PMNs. accordance with section 12(a)(1)(B) of concern would involve activities which They are potassium N,N-bis TSCA. occur only outside the United States, (hydroxyethyl) cocamine oxide The first three exemptions come EPA would not have jurisdiction. phosphate, which was.the subject of P- directly from section 5(h) of T SC A . On The PM N rule defines the term 82-400 and potassium N,N-bis M ay 13,1983, EPA issued its final “manufacture solely for export” in (hydroxyethyl) tallowamine oxide premanufacture notification rules (40 § 720.3(s) ("manufacture” includes phosphate, which was the subject of P- CFR Part 720), including § 720.36 which import) which specifies that such a 82-409. For convenience, the chemical contained detailed rules for the section substance cannot be used in the United substances will be referred to by their 5(h)(3) exemption for chemical States. Section 721.3 of this rule defines PM N numbèrs in this preamble. substances manufactured or imported in the term "process solely for export" in a small quantities solely for research and similar fashion. Processing must be On June 1 and 2,1982, EPA received development. In the Federal Register of performed at sites under the control of two PMNs which the Agency designated September 13,1983 (48 FR 41132), EPA the processor, distribution in commerce as P-82-400 and P-82-=409. EPA stayed the effectiveness of § 720.36, is limited to purposes of export, and the announced receipt of the two PMNs in among other provisions of the PM N rule, substance may not be used by the the Federal Register of June 11,1982 (47 pending further rulemaking to revise the processor other than in small quantities FR 25401). The notice submitter stated in provisions. Because § 720.36 is not in solely for research and development. In the PMNs that the substances, which are effect, EPA will rely on the general addition, for both manufacture and amphoteric surfactants, will be used definition of “small quantities solely for processing, the substance must be primarily in industrial cleaning products research and development” in labeled in accordance with section and could be used in general purpose § 720.3(cc) and section 5(h)(3) of T S C A 12(a)(1)(B) of T S C A when distributed in cleaners and in personal care products. to determine whether a manufacturer, commerce. If a person manufactures or The PM N submissions included test data importer, or processor qualifies under processes a substance both for export for acute oral toxicity and eye and skin this exemption. Upon promulgation of a and for use in the United States, such irritation, The two substances were revised § 720.36, EPA intends to amend manufacture or processing is not “solely tested for skin and eye irritation § 721.19(b) to adopt the provisions of the for export” because the substance is potential at concentrations of 45 to 50 revised § 720.36. manufactured or processed for use in percent using rabbits. The reported Section 721.19 also contains the United States: primary skin irritation scores were 6.05 exemptions from reporting when the for P-82-400 and 6.12 for P-82-409 (with person manufactures, imports, or C. Organization of Subpart B 8 the maximum possible score). The processes the specific substances as Subpart B of Part 721 will identify the reported ocular irritation scores for the byproducts or impurities to conform to specific chemical substances and substances ranged from 5.8 to 42.2 for P- similar exemptions in the PM N rule (see significant new uses subject to 82-400 and 37.0 to 103.3 for P-82-409 § 720.30 (g) and (h)(1), respectively, of reporting. In addition, this subpart will (with 110 the maximum score). Based on the PMN rule). Persons are also exempt contain additional requirements or these results, EPA concluded that both when they import or process the specific modifications of Subpart A requirements substances are severe primary skin and substances as part of an article because and procedures necessary for specific eye irritants at concentrations of 45 to 50 EPA believes that people and the substances. A t this time. Subpart B percent. In addition, the substances may environment will generally not be contains only § 721.575 which identifies be severe primary skin and eye irritants 49» No. 173 / Wednesday, September 5, 1984 / Rules and Regulations 35015

at lower concentrations. A more submitted a notice of commencement of information of effects of the substances detailed analysis of the possible health manufacture to EPA, the Agency added at concentrations being formulated. This hazard posed by the substances appears the substances to the T S C A Chemical approach would have allowed in the section 5(e) consent order for Substance Inventory. Once a substance unnecessary risks to human health these substances which is included in has been added to the Inventory, any the record for this rulemaking. during the time needed for data person may manufacture, import, or development. The PMNs contained no data for eye process the substance for any use. For The Agency also considered and skin irritation at lower this reason, in the Federal Register of withdrawing the proposed rule after concentrations that are likely to be February 17,1983 (48 FR 7142), EPA found in consumer products. Since proposed designating use of the receiving the data which indicated that irritation effects of relatively low substances as consumer chemicals a these substances would present little or concentrations were not known and significant new use so that the Agency no risks to human health at could not be reliably estimated from the could review such use before it occurs. concentrations of five percent or less. available data, EPA concluded that Since proposal of this SNUR, EPA The Agency considered this alternative information available to the Agency was received a second set of data from tests because the PM N submitter had insufficient to permit a fully reasoned performed by the notice submitter on indicated that it had no forseeable plans evaluation of potential health effects of these substances. These data indicate for use of these substances in consumer the two substances at the lower that, when tested at concentrations of products at concentrations greater than concentrations. EPA further determined five percent by weight, the substances five percent by weight. However, the that, in the absence of Sufficient are minor eye irritants and not irritating Agency cannot be confident that other information to make such an evaluation, to the skin of rabbits. The results of manufacturers or processors will not the two substances may present an these studies have mitigated EPA’s recommend the use of these substances unreasonable risk of injury to human health. concerns for use of these substances in in consumer products at higher Based on these findings, EPA consumer products at concentrations concentrations. Therefore, the Agency less than or equal to five percent by negotiated a section 5(e) consent order believes the approach it has selected is with the notice submitter. The order weight. Accordingly, EPA is now more appropriate. became effective on September 14,1982, adjusting the definition of significant In response to the proposed SNUR, and prohibited the notice submitter from new use to require reporting by some commenters stated that other manufacturing, processing, or processors only when these substances Federal agencies, namely the Food and will be used in consumer products at distributing either P-82-400 or P-82-409 Drug Administration and the Consumer concentrations greater than five percent for use as a “consumer chemical.” The Product Safety Commission, already by weight. These data submissions have order defined “consumer chemical” as effectively control the risks of concern “any chemical which is (1) sold or made been added to the record of this rulemaking. in this instance. One commenter available directly to consumers for their suggested that section 9 of T S C A EPA considered other possible use; or (2) present in a solution, mixture, needed to be invoked affirmatively to approaches. One alternative approach suspension, or gelatin which is sold or retain EPA’s jurisdiction of cases such made available to consumers for their was not to place the substances on the as these where a number of Federal use.” In addition, the order prohibited Inventory while the section 5(e) order agencies may share jurisdiction. The the notice submitter from manufacturing, was in effect. One commenter disagreed processing, or distributing either P-82- with this option. Under this approach, Agency disagrees with both of these 400 or P-82-409 unless a material safety because the substances would not be on comments. EPA believes that Congress data sheet (MSDS) was distributed to the Inventory, another person would intended T S C A to provide the Agency each vendee or other recipient of the have to submit a PM N if that person with the necessary authority to prevent substances. The order required that the intended to manufacture the substances or control risks posed by new chemical MSDS state that the substances were for any use, even an industrial use about substances which have many useful not to be manufactured, processed, or which EPA has little concern. EPA applications not specifically excluded distributed for use as consumer rejected this alternative as being overly from T S C A jurisdiction by Congress, chemicals. In addition, the notice broad and inconsistent with its including uses in consumer products. In submitter stated that the M SD S would: Inventory policies. instances such as these, several Federal (1) Warn that preliminary screening Another alternative was to agencies may have complementary, not suggested that the substances may promulgate a section 8(a) reporting rule exclusivej roles. EPA believes this is cause severe skin and eye irritation and for the substances. Under such a rule, consistent with Congress’ intent and will (2) recommend the use of protective EPA could have required any person to continue to review new substances gloves and eye protection by workers report to EPA before manufacturing, which may present unreasonable risks who may be exposed to the substances. importing, or processing the substances and act to control those risks when IV. Reasons for Issuing This SNUR for use as a consumer chemical. Because appropriate. In instances where EPA the substances were subject to a section believes another agency is more As stated above, EPA issued a section 5(e) order, the small business exemption properly suited to evaluate and control a 5(e) consent order to prohibit of section 8(a) would not have applied. specific risk, it may then refer that case manufacture of the two substances for However, if EPA received a report under to that Agency. Generally, section 9 of usffas consumer chemicals pending section 8(a) indicating that a person TSCA does not apply to SNURs. A development of further information on intended to manufacture, import, or the substances’ potential health effects; process the substances for use as a referral under section 9 occurs only however, the terms of the order apply consumer chemical, the Agency could when the Agency makes a finding that only to the notice submitter. Since the not take immediate action under section an activity “presents or will present an notice submitter commenced 5(e) as it can under a SN U R and thus unreasonable risk.” The Agency does commercial manufacture of the would not be able to regulate the not make such a finding in a SN U R substances for industrial use and substances pending development of rulemaking. 35016 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Rules and Regulations

V. Significant New Uses Subject to experience in the safe handling of intend to engage in a significant new use Reporting substances of this nature. Because of the without first submitting a significant presence of alkaline material, these new use notice and (2) can document To determine what would constitute a products will generally carry labeling that the person has notified its significant new use of these chemical which warns of potential skin and eye customers of the SNUR. A s explained in substances, EPA considered relevant irritation. This labeling will further Unit II.B.3 of this preamble, this ensures information about the toxicity of the encourage the use of protective that EPA will receive a significant new substances and likely exposures equipment to limit potential exposure to use notice from that distributor who associated with possible uses as well as the substances during industrial use. knows or has a reasonable belief that a the four factors listed in section 5(a)(2) The PMN submitter indicated that P - customer intends to engage in the of T SC A . In particular, EPA considered 82-400 and P-82-409 could be used in significant new use without submitting the extent to which potential uses may consumer products such as liquid soaps, the required notice or does not notify its affect human exposure. Based on these household all-purpose cleaners, rug customers of the SN U R. For these considerations, EPA has decided to shampoos, scouring pads, oven and pot substances and this significant new use, define “use in a consumer product in and pan cleaners, and laundry EPA believes that it will probably be formulations containing greater than detergents. Use of may of these products processors who actually formulate five percent by weight” as a significant would involve direct contact with the consumer products containing either of new use of P-82-400 and P-82-409. skin. Users of consumer products are not the two substances at greater than five The Agency has defined “consumer likely to expect products such as liquid percent by weight and who most likely product” as “any chemical substance soaps, household all-purpose cleaners, will trigger the reporting requirements of which is directly, or as part of a mixture, rug shampoos, and laundry detergents to § 721.5. sold or made available to consumers for cause severe eye or skin irritation. Thus, EPA considered allowing their use in or around a permanent or the likelihood of eye and skin exposures temporary household or residence, in or manufacturers and processors to decide is greater since users of household which party should submit what around a school, or in recreation.” This products are unlikely to take the same definition of “consumer product” is information to EPA so long as all precautions as do workers using appropriate information was submitted. consistent with the definition of industrial cleaners. In addition, any use “consumer product” in the Consumer Some commenters preferred this of these substances in consumer alternative. However, EPA believes that, Product Safety Act, 15 U.S.C. 2051. products could expose far more people Because this definition is unique to the in this case, the reporting scheme to the substances. Users of these contained in § 721.5 is more likely to circumstances of these two substances, consumer products would constitute a the Agency has included it in § 721.575 result in EPA receiving the most different, much larger segment of the complete and accurate information on as a supplement to the definitions in general population than the workers § 721.3 of Subpart A. Examples of the particular substances and significant potentially exposed to industrial new use. chemical substances present in a cleaners. Therefore, EPA believes that EPA has also concluded that if these mixture which is sold or made available use of the substances in a consumer two substances are distributed in to consumers for their use include product at concentrations greater than commerce as part of a mixture in which substances used as surfactants in five percent by weight would increase they occur at concentrations of five household all-purpose cleaners, rug potential human exposure. percent or less by weight of the mixture, shampoos, or laundry detergents which Finally, EPA has already determined no customer is likely to reformulate the are sold or made available to in the section 5(e) consent order that use mixture in such a way that either P-4J2- consumers. In this rule EPA defines of the substances as a consumer > 400 and P-82-409 could occur in a “consumer” as a natural person who chemical may present an unreasonable comsumer product at greater than five uses products for personal rather than risk. While such a finding is not percent. Accordingly, § 721.575(b)(2) business purposes. necessary to promulgate a SNUR, it In response to comments, the Agency strongly supports the determination that provides that, in this instance, has made slight changes in the this use of the substances would be § 721.5(a)(2) does not apply and such a significant new use description from the significant. distributor would not be required to proposed language. These changes are submit a significant new use notice or not intended to alter the meaning or VI. Persons Subject to SNUR Notice notify customers of the SNUR. Requirements Under § 721.575 spirit of the proposed language, only to VII. Uses Subject to SNUR Notice simplify the description. EPA’s basis for Section 5(a)(1)(B) of T S C A requires Requirements this significant new use determination is persons to submit a notice to EPA before explained below. they manufacture or process a EPA recognizes that when chemical EPA believes that the use of P-82-400 substance subject to a SNUR for a substances identified in a proposed or P-82-409 in a consumer product in significant new use. As previously SN U R are listed on the Inventory, they concentrations greater than five percent explained, the language of T S C A and may be manufactured, imported, or by weight may change the duration and § 721.5 makes clear that manufacturers processed for “significant new uses" as type of exposure relative to the likely (including importers) and processors are defined in the proposal before exposures associated with the non­ subject to SN U R notice requirements. promulgation of the final rule. The consumer uses allowed under the Under § 721.5(a)(2) a manufacturer, statute and its legislative history doj?ot section 5(e) consent order. The largest importer, or processor of a substance make clear whether uses commenced identified market for the substances for subject to a SN U R who does not intend after proposal but before promulgation • which manufacture has been permitted to commence a significant new use but may be considered significant new uses under the section 5(e) order is use in who intends to distribute the substance subject to SN U R notification. However, industrial cleaners containing alkaline in commerce must submit a significant EPA believes that the intent of section materials such as caustic (sodium new use notice unless the person: (1) 5(a)(1)(B) is best served by determining hydroxide), ammonia, or metasilicates. Has a reasonable belief at the time of whether a use is a significant new use as Industrial workers are believed to have distribution that its customers do not of the SN U R proposal date. If uses Federal Register / VoL 49, No. 173 / Wednesday, September 5, 1984 / Rules and Regulations 35017 commenced during the proposal period substances, EPA is interested only in impurity can be very difficult and were not considered significant new information concerning the formulation because the agency does not believe uses it would be almost impossible for and use of the substances in consumer that these substances would give rise to the Agency to establish SNUR notice products. Because EPA does not wish to significant exposures if they appear as requirements since any person could collect information about worker an impurity. The limited byproduct defeat the SNUR by initiating the exposure during manufacture and exemption would not give rise to proposed significant new use before the processing, § 721.575(b)(3) specifies that consumer exposure. The Agency has rule becomes final. This is contrary to submitters must complete only those also decided to exempt these substances the general intent of section 5(a)(1)(B). sections of the form dealing with the from significant new use reporting if One commenter supported EPA’s chemical identity, the submitter, and the they are imported or processed as part interpretation on this issue; another specific use. In addition, any health and of an article. This decision was made in disagreed. However, none of the safety data relating to these substances response to a comment received on this commenters indicated that the must be attached. Therefore, submitters issue and because the identified risks significant new use established in this must complete only Parts I and III of the from uses of these substances in articles rule has occurred. form as it appears in Appendix A to 40 are not likely to occur. For the purposes of this rule, even if CFR Part 720. these substances were manufactured, XII. Relationship of Section 5(e) Order imported, or processed between X. Test Data and SN U R proposal and promulgation for the EPA recognizes that under TSCA The original PM N submitter for P-82- significant new use, such activities may section 5, a person is not required to 400 and P-82-409 is subject to a T S C A not continue after the effective date of develop any particular test data before section 5(e) consent order which this rule. Any such person must cease submitting a significant new use notice. prohibits it from manufacturing, Rather, a person is required only to such activity until the person has processing, or distributing these complied with all SN U R notice •submit test data in his possession or substances in commerce for use as a requirements. EPA recognizes that this control and to describe any other data consumer chemical. Once this SNUR interpretation could disrupt commercial known to or reasonable ascertainable goes into effect, the submitter will also activities of persons who commenced by that person. However, in view of the be subject to the SNUR. Since the SN U R manufacture or processing for the potential health risk that may be posed prevents any manufacturer, importer, or significant new use during the proposal by the significant new use of P-82-400 processor from engaging in the period; however, the Agency believes and P-82-409, EPA encourages possible significant new use without notice to that these persons were given adequate SN U R notice submitters to test the EPA, EPA has determined that it is no notice of this interpretation by the terms substances to evaluate the potential for longer necessary to continue the section of the proposal. skin and eye irritation at the 5(e) consent order- Accordingly, once concentrations the submitters propose to VIII. Procedures for Informing Persons the SN U R goes into effect, EPA will use in consumer products. If a SNUR of the Existence of This Significant New revoke the section 5(e) consent order notice is submitted for a significant new Use Rule thereby leaving the original submitter use involving consumer exposure subject to the same requirements as The rule will be codified in the CFR. without such test data, EPA would very other persons. While this Federal Register notice, likely take action under section 5(e). provides legal notice of the rule, EPA As part of an optional prenotice XIII. Economic Analysis explored additional ways to inform consultation, EPA will discuss the test potential SNUR notice submitters of the data it believes necessary to evaluate a The Agency has evaluated the existence of the rule. * significant new use of the substances. potential costs of establishing EPA will publish information Data should be developed and significant new use reporting concerning this and other final SNURs submitted in accordance with the T S C A requirements for P-82-400 and P-82-409. in the TSCA Chemicals-in-Progress good laboratory practices regulations This evaluation is summarized below. Bulletin, published by the T S C A under 40 CFR Part 792 published in the Persons who intend to manufacture, Assistance Office of EPA’s Office of Federal Register of November 29,1983 import, or process the substances for the Toxic Substances. EPA will also use the (48 FR 53922). EPA encourages persons significant new use, as defined in this TSCA Chemical Substance Inventory to to consult with the agency before rule, would be required to submit a inform persons of the existence of this selecting a protocol for testing the SN U R notice with the information and other final SNURs through footnotes substances. required by statute and this rule. The referring to the chemical identities of the cost of submitting a SNUR notice can be substances subject to SN URs. The XI. Exemptions estimated from the cost of submitting a footnotes will refer to an Inventory Section 721.19 contains an exemption, PMN, which has been estimated to Appendix which will give a Federal not in the proposal, for substances range between $1,300 and $7,500 per Register and CFR citation for the SNUR. manufactured, imported, or processed substance. However, because this rule Commenters supported the use of all only as an impurity or as a byproduct requires that only a portion of the PMN available means of informing persons of for certain purposes. EPA has decided form be completed, costs may actually the existence of SNURs. not to modify this general provision for be lower. these particular substances. Therefore, if IX. Required Information Although the SN U R does not require the substances appear in a consumer that persons submitting notices perform As discussed in the proposal, and product only as an impurity, or are additional testing, EPA expects that consistent with other proposed SNURs, produced as a byproduct, and meet thé some additional test data will be under § 721.10 the Agency will require requirements of § 721.19, they are not developed. EPA recommends that the SNUR notice submitters to use the PMN subject to SN U R notice requirements. substances be tested to evaluate the form published in the Federal Register of The Agency is adopting this policy potential for skin and eye irritation at May 13,1983 (48 FR 21722). However, for because identification of the presence of the concentrations at which they will be the purposes of reviewing these two the substances when used as an found in consumer products. The direct 35018 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Rules and Regulations

costs of such tests would be about OPTS-50501A). The complete record is parties affected by this rule are likely to $1,600 per substance. The dermal available to the public from 8:00 a.m. to be small businesses. However, EPA irritation test would cost from $300 to 4:00 p.m., Monday through Friday, believes that the number of small $1,000, with a most likely cost of $700. except legal holidays in the OPTS businesses affected by this rule would The eye irritation test would cost from Reading Room, Rm. E-107, 401 M St., not be substantial, even i f all the $450 to $1,350, with a most likely cost of SW., Washington, D.C. potential significant new uses were $900. The record includes basic information developed by small companies. EPA The SNUR may also result in delay considered by the Agency in developing expects to receive few SNUR notices for costs. The delay caused by the this rule. The record includes the the substances. The Agency hopes that preparation of a SNUR notice and the following: one of the first notice submitters will statutory notice review period could 1. The PMNs for these substances. test the substances to determine their reduce future profits. EPA estimates that 2. The Federal Register notice of potential for skin and eye irritation at these delay costs could range from zero receipt of the PMNs. concentrations greater than five percent to $6,128. 3. A copy of the section 5(e) consent for which SN U R reporting is required. Total direct costs, including order. With these data, EPA would be able to notification, testing, and delay, would 4. The economic analysis of the evaluate the risks posed by the range from $2,100 to $16,078 per proposed rule. substances used in consumer products substance. It the original PM N submitter 5. Test data received from the PMN and, if necessary, take action to control also intends to undertake the significant submitter. those risks. If test results indicate that new use, the direct costs could add from 6. Public comments. there are no risks at a certain less than 0.1 percent to 3.5 percent to the 7. OMB comments. concentration, EPA will likely alter the estimated price of the substances. reporting triggers to reflect those results. XVI. Regulatory Assessment EPA has not estimated any indirect A s more test data become available, Requirements costs that may result from this SNUR. reporting triggers will continue to be Indirect costs may result from decisions A . E xecu tive O rder 12291 refined to identify those levels at which not to manufacture or process these acute effects are negligible. Because substances because of uncertainty about Under Executive Order 12291, EPA must judge whether a regulation is uses in consumer products above levels possible Agency regulatory action or at which consumers would suffer effects due to the magnitude of the direct costs. "Major” and therefore requires a Regulatory Impact Analysis. EPA has will be discouraged by responsible The cost of this impact would be manufacturers, fewer businesses will be whatever profits or benefits to determined that this rule is not a “Major Rule” because it does not have an effect directly affected by this rule. In consumers that use of the substances addition, the cost of the testing that may would have generated. In addition, EPA on the economy of $100 million or more be encouraged by this rule should not has not estimated the potential public and it will not have a significant effect have a major impact on a small business benefits gained through the avoidance of on competition, costs, or prices. While that may want to use these substances potential health and environmental there is no precise way to calculate the as in consumer products. problems. While the Agency annual cost of this rule, EPA believes acknowledges that indirect costs and the cost will be low. Even if EPA C. Paperwork Reduction Act benefits exist, it is impossible at this receives 50 SN U R notices, the direct The information reporting time to precisely estimate their extent. cost of the rule will be under $1 million. A more complete economic analysis In addition, because of the nature of the requirements contained in this rule have of this SNUR and other regulatory rule and the substances subject to it, been approved by OM B under the options is included in the rulemaking EPA believes that there will be few provisions of the Paperwork Reduction record and is available for public significant new use notices submitted. Act, 44 U.S.C. 3501 et seq ., and have review. Further, while the expense of a notice been assigned OM B control number and the uncertainty of possible EPA 2070-0012. XIV. Judicial Review regulation may discourage certain List o f Subjects in 40 C FR Part 721 Judicial review of this final rule may innovation, that impact will be limited be available under section 19 of T S C A because such factors are unlikely to Intergovernmental relations, in the United States Courts of Appeals discourage an innovation which has Chemicals, Hazardous materials, for the District of Columbia Circuit or high potential value. Finally, this SN U R Recordkeeping and reporting for the circuit in which the person may encourage innovation in safe requirements, Significant new uses. seeking review resides or has his/her chemical substances or highly beneficial Dated: August 27,1984. principal place of business. To provide uses. William D. Ruckelshaus, all interested persons an equal This regulation was submitted to the Administrator. opportunity to file a timely petition for Office of Management and Budget judical review and to avoid so called (OMB) for review as required by Therefore, a new Part 721 is added to “races to the courthouse,” EPA has Executive Order 12291. 40 CFR Chapter I, to read as follows: decided to promulgate this rule for B. Regulatory Flexibility Act PART 721—SIGNIFICANT NEW USES purposes of judicial review two weeks OF CHEMICAL SUBSTANCES after publication in the Federal Register, Under the Regulatory Flexibility Act, 5 as reflected in “ d a t e s ” in this U .S.C. 605(b), EPA certifies that this rule Subpart A—General Provisions document. The effective date has, in will not have a significant economic Sec. turn, been calculated from the impact on a substantial number of small 721.1 Scope and applicability. promulgation date. businesses. EPA recognizes that the 721.3 Definitions. submitter of PMNs P-82-400 and P-82- XV. Rulemaking Record 721.5 Persons who must report. 409, who is also a possible submitter of 721.6 Applicability determination when the EPA has established a record for this a SN U R notice, is a small business. The specific chemical identity is confidential. rulemaking (docket control number Agency cannot determine whether other 721.7 Exports and imports. Federal Register / Vol 49, No. 173 / Wednesday, September 5, 1984 / Rules and Regulations 35019

721.10 Notice requirements and procedures. processor distributes any quantity of a notice under this Part, and (ii) can 721.13 Compliance and enforcement. chemical substance, or of a mixture 721.17 Recordkeeping. document that the person has notified 721.19 Exemptions. containing the chemical substance, all customers, in writing, of the specific whether or not a sale is involved. section in Subpart B of this Part which Subpart B—Significant New Uses of “Principal importer” means the first identifies the substance and the Specific Chemical Substances importer who, knowing that a chemical significant new uses subject to this PEirt. 721.575 Potassium N,N-bis (hydroxyethyl) substance will be imported for a (b) A person who processes a cocoamine oxide phosphate and significant new use rather than chemical substance identified in Subpart potassium N,N-bis (hydroxyethyl) manufactured domestically, specifies B of this part for a significant new use of tallowamine oxide phosphate. the chemical substance and the amount that substance is not required to submit Authority: Secs. 5, 8; Pub. L. 94-469; 90 Stat. to be imported. Only persons who are a significant new use notice if that 2003, 2027 (15 U.S.C. 2601 et seq.). incorporated, licensed, or doing person can document that it has business in the United States may be processed the chemical substance with Subpart A—General Provisions principal importers. a reasonable belief that the substance is “Process for commercial purposes” not identified in Subpart B of this Part. means the preparation of a chemical § 721.1 Scope and applicability. (c) If at any time after commencing substance or mixture containing the distribution in commerce of a chemical (a) Tins part identifies uses of chemical substance, after manufacture substance identified in Subpart B of this chemical substances which EPA has of the substance, for distribution in part a person described in paragraph determined Eire significant new uses commerce with the purpose of obtaining (a)(2) of this section has a reasonable under the authority of section 5(a)(2) of an immediate or eventual commercial belief that a customer is engaging in a the Toxic Substances Control Act. In advantage for the processor. Processing addition, it specifies procedures for of any amount of a chemical substance significant new use of that substance manufacturers, importers, and or mixture containing the chemical identified in Subpart B without processors to report on those significant substance is included in this definition. submitting a notice under this Part, the new uses. This Subpart A contains If a chemical substance or mixture person is required to submit a general provisions applicable to this containing impurities is processed for significant new use notice for that Part. The chemical substances and commercial purposes, then the chemical substance and significant new significant new uses subject to this Part impurities also are processed for use, unless the person is able to are identified in Subpart B. commercial purposes. document that it has done the following: (b) This Subpart A contains “Process solely for export” means to (1) Ceased supplying the chemicEil provisions governing submission and process for commercial purposes solely substance to the customer when the review of notices for the chemical for export from the United States under person has a reasonable belief that the substances and significant new uses the following restriction on domestic customer is processing the substance for identified in Subpart B of this Part. The activity: Processing must be performed a significant new use without submitting provisions of this Subpart A apply to the at sites under the control of the a notice under this Part, chemical substances and significant processor; distribution in commerce is (2) Notified EPA enforcement new uses identified in Subpart B of this limited to purposes of export; and the authorities of the person’s reasonable Part except to the extent they are processor may not use the chemical belief that the customer is processing specifically modified or supplanted by substance except in small quantities the chemical substance for a significant specific requirements in Subpart B. In solely for research and development. new use without submitting a notice the event of a conflict between the under this Part, promptly upon reaching provisions of this Subpart A and the §721.5 Persons who must report that belief, and provisions of Subpart B of this Part, the (a) The following persons must submit (3) Not resumed supplying the provisions of Subpart B shall govern. a significant new use notice as specified chemical substance to the customer until (c) The provisions of Part 720 of ¿ is under the provisions of section 5(a)(1)(B) all notices required under this Part have chapter apply to this Part 721. For of the Act, Part 720 of this chapter, and been submitted to EPA and the notice purposes of this Part 721, wherever the § 721.10. review periods have ended without phrase “new chemical substance“ (1) A person who intends to regulatory action by EPA. appears in Part 720 of this Chapter, it manufacture, import, or process for (d) Any notice of import must be shall mean the chemical substance commercial purposes a chemical submitted by the principal importer. subject to this Part 721. In the event of a substance identified in Subpart B of this conflict between the provisions of Part Part, and intends to engage in a § 721.6 Applicability determination when 720 of this chapter and the provisions of significant new use of the substance the specific chemical identity is this Part 721, the provisions of this Part identified in Subpart B. confidential. 721 shall govern. (2) A person who intends to (a) A person who intends to manufacture, import, or process for manufacture, import, or process a § 721.3 Definitions. commercial purposes a chemical chemical substance which is described The definitions in section 3 of the Act, substance identified in Subpart B of this by a generic chemical name in Subpart B 15 U.S.C. 2602, and § 720.3 of this Part, and intends to distribute the of this Part may ask EPA whether the - chapter apply to this part. In addition, substance in commerce. A person substance is subject to the requirements the following definitions apply to this described in this paragraph is not of this Part. EPA will answer such an Part: " * required to submit a significant new use inquiry only if EPA determines that the “CAS Number” means Chemical notice if that person (i) does not have a person has a bona fid e intent to Abstracts Service Registry Number reasonable belief, at the time of manufacture, import, or process the assigned to a chemical substance on the commercial distribution of the chemical chemical substance for commercial Inventory. " substance, that his/her customers intend purposes. Customer” means any person to to engage in a significant new use of (b) To establish a bona fid e intent to whom a manufacturer, importer, or that substance without submitting a manufacture, import, of process a 35020 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Rules and Regulations

chemical substance, the person who disclosure of confidential business review period, including all extensions intends to manufacture, import, or information under section 14 of the Act. and suspensions, has expired. process the chemical substance must (g) EPA will answer an inquiry on submit the following in writing to the whether a particular chemical substance § 721.13 Compliance and enforcement. Office of Toxic Substances, TS-799, 401 is subject to this part within 30 days (a) Failure to comply with any M St. SW., Washington, D.C. 20460: after receipt of a complete submission provision of this Part is a violation of (1) The specific chemical identity of under paragraph (b) of this section. section 15(1) of the Act (15 U .S.C. 2614). the chemical substance that the person (b) Using for commercial purposes a § 721.7 Exports and imports. intends to manufacture, import, or chemical substance which a person process. The chemical substances identified in knew or had reason to know was (2) A signed statement that the person Subpart B of this Part are subject to the manufactured, imported, or processed in intends to manufacture, import, or export notification requirements of violation of this part is a violation of ' process the chemical substance for section 12(b) of the Act and Part 707 of section 15(2) of the Act (15 U .S.C. 2614). commercial purposes. this chapter. The substances also are (c) Failure or refusal to permit access (3) A description of the research and subject to import certification to or copying of records, as required by development activities conducted to requirements in 19 CFR 12.118 through section 11 of the Act, is a violation of date, and the purpose for which the 12.127 and 127.28 under the authority of section 15(3) of the A ct (15 U .S.C. 2614). person will manufacture, import, or section 13 of the Act. The EPA policy in (d) Failure or refusal to-permit entry process the chemical substance. support of the import certification or inspection, as required by section 11 (4) An elemental analysis. requirements is set forth in Part 707 of of the Act, is a violation of section 15(4) this chapter. (5) Either an X-ray diffraction pattern of the Act (15 U .S.C. 2614). (for inorganic substances), a mass § 721.10 Notice requirements and (e) Violators of the Act or of this Part spectrum (for most other substances), or procedures. may be subject to the civil and criminal an infrared spectrum of the particular (a) Each person who is required to penalties in section 16 of the Act (15 chemical substance, or, if such data do submit a significant new use notice U.S.C. 2615) for each violation. The not resolve uncertainties with respect to under this part must submit the notice at submission of false or misleading the identity of the chemical substance, least 90 calendar days before information in connection with the additional or alternative spectra or other commencing manufacture, import, or requirement of any provision of this Part data to identify the substance. processing of a chemical substance may subject persons to penalties (c) If an importer or processor cannot identified in Subpart B of this Part for a calculated as if they never filed a notice. provide all the information required in significant new use. The submitter must (f) Under the authority of sections 7 paragraph (b) of this section because it comply with any applicable requirement and 17 of TSCA, EPA may: is claimed as confidential business of section 5(b) of the Act, and the notice (1) Seek to enjoin the manufacture, information by the importer’s or must include the information and test import, or processing of a chemical processor’s manufacturer or supplier, data specified in section 5(d)(1) of the substance in violation of this part. the manufacturer or supplier may supply Act. The notice must be submitted on (2) Act to seize any chemical the information directly to EPA. the notice form in Appendix A to Part substance which is being manufactured, (d) EPA will review the information 720 of this chapter and must comply imported, or processed in violation of submitted by the manufacturer, with the requirements of Part 720, this Part. importer, or processor under paragraph except to the extent that they are (3) Take any other appropriate action. (b) of this section to determine whether inconsistent with this Part 721. that person has shown a bona fid e (b) If two or more persons are § 721.17 Recordkeeping. intent to manufacture, import, or process required to submit a significant new use Any person subject to the the chemical substance. If necessary, notice for the same chemical substance requirements of this part must retain EPA will compare this information and significant new use identified in documentation of information contained either to the information requested for Subpart B of this part, they may submit in that person’s significant new use the confidential chemical substance a joint notice to EPA. Persons submitting notice. This documentation must be under § 710.7(e)(2)(v) of this chapter or a joint notice must individually complete maintained for a period of five years the information requested under the certification section of Part I of the from the date of the submission of the § 720.85(b)(3)(iii) of this chapter. required notification form. Persons who significant new use notice. (e) If the manufacturer, importer, or are required to submit individually, but processor has shown a bona fid e intent elect to submit jointly, remain § 721.19 Exemptions. to manufacture, import, or process the individually liable for the failure to The persons identified in § 721.5 are substance and has provided sufficient submit required information which is not subject to the notification unambiguous chemical identity known to or reasonably ascertainable requirements of § 721.10 for a chemical information to enable EPA to make a by them and test data in their substance identified in Subpart B of this conclusive determination as to the possession or control. part if: identity of the substance, EPA will (c) EPA will process the notice in (a) The person has applied for and has inform the manufacturer, importer, or accordance with the procedures of Part been granted an exemption for test processor whether the chemical 720 of this chapter, except to the extent marketing the substance for a significant substance is subject to this Part and, if they are inconsistent with this Part 721. new use identified in Subpart. B in so, which section in Subpart B of this (d) Any person submitting a accordance with section 5(h)(1) of the part applies. significant new use notice in response to Act and § 720.38 of this chapter. (f) A disclosure to a person with a the requirements of this Part 721 shall (b) The person manufactures, imports, bona fid e intent to manufacture, import, not commence manufacture, import, or or processes the substance in small or process a particular chemical processing of a chemical substance quantities solely for research and substance that the substance is subject identified in Subpart B of this Part for a development in accordance with section to this Part will not be considered public significant new use until the notice 5(h)(3) of the Act. ^9, No. 173 / Wednesday, September 5, 1984 / Rules and Regulations 35021

(c) The person has applied for and (2) Persons who must report. The determination and setting a date and been granted an exemption under provisions of § 721.5 apply to determine time for closure of the fishery. section 5(h)(5) of the Act. persons who must report under this Harvest of surf clams in the Mid- (d) The person manufactures, imports, section, except § 721.5(a)(2) does not Atlantic Area has been significantly or processes the substance only as an apply to a person who intends to higher during 1984 than in previous impurity. distribute either of the substances in years. This is probably because (e) The person manufactures, imports, commerce as part of a mixture at significant numbers of surf clams from or processes the substance only as a concentrations of five percent or less by the strong 1976 and 1977 year classes byproduct which is used only by public weight of the mixture. are now reaching the minimum legal size or private organizations that (1) burn it (3) Notice requirements and for harvest, thus elevating catch per as a fuel, (2) dispose of it as a waste, procedures. Section 721.10 applies to hour fished. On February 26,1984 (49 FR including in a landfill or for enriching this section, except a person submitting 6498, February 22,1984), the Regional soil, or (3) extract component chemical a notice must complete only Parts I and Director reduced allowable fishing time substances from it for commercial II of the notice form. from 24 to 12 hours per week in an purposes. [FR Doc. 84-23423 Filed 9-4-84; 8:45 am] attempt to control harvest rates. Despite (f) The person imports or processes BILLING CODE 6560-50-M this reduction, and a two-week closure the substance as part of an article. at the end of the second calendar (g) The person manufactures or quarter (49 FR 23355, June 6,1984), rates processes the substance solely for DEPARTMENT OF COMMERCE continue to exceed quarterly quota export and, when distributing the guidelines. The Regional Director has substance in commerce, labels the National Oceanic and Atmospheric determined that the Mid-Atlantic Area substance in accordance with section Administration surf clam quota for the third calendar 12(a)(1)(B) of the Act. quarter of 1984 will be reached on or 50 CFR Part 652 about August 31,1984. Following Subpart B—Significant New Uses for consultation with industry Specific Chemical Substances [Docket No. 31220-245] spokespersons and the Mid-Atlantic § 721.575 Potassium N,N-bis Fishery Management Council, the (hydroxyethyl) cocoamine oxide Atlantic Surf Clam and Ocean Quahog regional Director has determined to phosphate, and potassium N,N-bis Fisheries close the mid-Atlantic fishery for the (hydroxyethyl) tallowamine oxide period from September 16,1984, through phosphate. AGENCY: National Marine Fisheries September 29,1984. (a) Chemical substances and Service (NMFS), NOAA, Commerce. Closure of the fishery will commence at 0001 hours EDT on September 16, significant new use subject to reporting. ACTION: Notice of Mid-Atlantic Area (1) The following chemical substances, closure. 1984. The fishery will remain closed identified by their chemical names and until 2400 hours EDT on September 29, CAS Number are subject to reporting 1984. This closure applies only to surf s u m m a r y : N O A A issues this notice clams taken in the fishery conservation under this Part for the significant new closing the mid-Atlantic surf clam zone in the Mid-Atlantic Area. use identified in paragraph (a)(2) of this fishery. The action is necessary because section: Potassium N,N-bis The fishery will reopen at 0001 hours harvest from the fishery will exceed the EDT an September 30,1984, with 12 (hydroxyethyl) cocoamina oxide quarterly quota for the third calender phosphate (CA S Number 855712-26-1), hours fishing time per week. A t that quarter. The intended effect of the time, the Regional Director will evaluate and potassium N,N-bis (hydroxyethyl) closure is to prevent harvests from the status of the fishery and quotas. If tallowamine oxide phosphate (CAS exceeding the annual quota for the additional closure periods are required Number 855712-27-2). fishery. (2) The significant new use is: Use in a to bring harvests down to the level consumer product at concentrations EFFECTIVE DATES:jD001 hours Eastern provided by the quotas, they will be greater than five percent by weight. Daylight Time (EDT) September 16,1984, considered for later in the year.. (b) Specific Requirements. The through 2400 hours EDT September 29, Other Matters provisions of Subpart A of this Part 1984. apply to this section except as modified FOR FURTHER INFORMATION CONTACT: This action is taken under the by this paragraph. Bruce Nicholls, Surf Clam Management authority of 50 CFR Part 652 and is taken (1) Definitions. In addition to the Coordinator, 617-281-2600, ext. 324. in compliance with Executive Order 12291. definitions in § 721.3, the following SUPPLEMENTARY INFORMATION: The definitions apply to this section: regulations implementing Amendment 3 (16 U.S.C. 1801 et seq.) “Consumer” means any natural to the Fishery Management Plan for List of Subjects in 50 CFR Part 652 person who uses products for personal Atlantic Surf Clam and Ocean Quahog rather than business purposes. Fisheries were published on January 29, Fisheries. ‘Consumer product” means any 1982 (47 FR 4268). The regulations Dated: August 29,1984. chemical substance which is directly, or contain at § 652.22(d) a provision Carmen J. Blondin, as part of a mixture, sold or made requiring that, if the Regional Director Deputy Assistant Administrator far Fisheries available to consumers for their use in determines the quota for surf clams for Resource Management, National Marine or around a permanent or temporary any time period will be exceeded, the Fisheries Service. household or residence, in or around a Secretary of Commerce will publish a ’ [FR Doc. 84-23428 Filed 9-4-84; 8:45 am] school, or in recreation. notice in the Federal Register stating the BILUNG CODE 3510-22-M 35022 Proposed Rules Federal Register Vol. 49, No. 173

Wednesday, September 5, 1984

This section of the FEDERAL REGISTER well as other products are prescribed in enterprises to compete with foreign- contains notices to the public of the 9 CFR 112.7. In order to reduce the based enterprises, in domestic or export proposed issuance of rules and burden of preparing more than one markets. regulations. The purpose of these notices proposal regarding revisions of that Certification Under the Regulatory is to give interested persons an section, a complete review of the section Flexibility Act opportunity to participate in the rule was made. This action would amend the making prior to the adoption of the final special labeling requirements for Rabies Mr. Bert W . Hawkins, Administrator rules. Vaccines as well as other products by of the Animal and Plant Health deleting or revising various provisions Inspection Service, has determined that DEPARTMENT OF AGRICULTURE which have been determined to be this action would not result in an obsolete or unnecessary. The Standard adverse economic impact on a Agricultural Marketing Service Requirements in Part 113 of Title 9 for substantial number of small entities. Rabies Vaccines would also be revised Small entities are defined as 7 CFR Part 920 to eliminate certain restrictions and independently owned firms not [Docket No. A O -83 -1] testing steps. dominant in the field of veterinary d a t e : Comments must be received on or biologies manufacturing. Kiwifruit Grown in California; Decision before November 5,1984. Background on Proposed Marketing Agreement ADDRESS: Interested parties are invited and Order to submit written data, views, or At the time 9 CFR 112.7(b) was published, protection against specific Correction arguments regarding the proposed regulations to Thomas O. Gessel, serotypes of avian infectious bronchitis Ip FR Doc. 84-22583 beginning on page Director, Regulatory Coordination Staff, could only be achieved by including 33670 in the issue of Friday, August 24, APHIS, USDA, Room 728, Federal each specific serotype in the product. 1984, make the following corrections: Building, 6505 Belcrest Road, With the advent of new production 1. On page 33685, first column, first Hyattsville, MD 20782. Written methods, it may not be necessary in,the complete paragraph, line twelve, comments received may be inspected at future to use specific serotypes to ensure “agreed” should read “argued”. Room 728 of the Federal Building, 8 a.m. protection. It will remain essential to §920.12 [Corrected] to 4:30 p.m., Monday through Friday, have label information to indicate the except holidays. serotypes for which protection is 2. On page 33686, first column, FOR FURTHER INFORMATION CONTACT: claimed. Revision of 9 CFR 112.7(b) by 1920.12(b), first line, “District 1” should changing from “serotypes used” to read “District 2”. Dr. David F. Long, Chief Staff Veterinarian, Veterinary Biologies Staff, “serotypes for which protection is BILLING CODE 1505-01-M VS, APHIS, USDA, Room 834, Federal claimed” is proposed. Building, 6505 Belcrest Road, Presently, inactivated Rabies Hyattsville, MD 20782, 301-436-8674. Vaccines labels and enclosures are Animal and Plant Health Inspection required to contain recommendations SUPPLEMENTARY INFORMATION: Service for intramuscular administration at one Paperwork Reduction Act 9 CFR Parts 112 and 113 site in the thigh. This requirement was This proposed rule contains no new or thought to be necessary to ensure [Docket No. 84-046] amended recordkeeping, reporting or . effectiveness and to guard against application requirements or any type of improper use of vaccines by providing Viruses, Serums, Toxins, and for a single method of administration. Analogous Products; Packaging and information collection requirement subject to the Paperwork Reduction Act New inactivated products are now Labeling and Standard Requirements of 1980. available which are known to be equally AGENCY: Animal and Plant Health effective when administered by other, Executive Order 12291 Inspection Service, USDA. more desirable routes. Adequate instructions and controls have been a c t io n : Proposed rule. This proposed action has been reviewed under U SD A procedures developed to ensure proper s u m m a r y : A conference was held established in Secretary’s Memorandum administration of Rabies Vaccine. recently to review regulatory control No. 1512-1 to implement Executive Therefore, the proposed revision of 9 over Rabies Vaccines. This conference Order 12291 and has been classified as a CFR 112.7(c)(1) would delete the included representatives of the animal “Nonmajor Rule.” requirement for the recommendation industry, professional organizations, The proposed rule would not have a that inactivated Rabies Vaccines be biologies manufacturers, and Federal significant effect on the economy and administered intramuscularly at one site and State agencies involved with rabies would not result in a major increase in in the thigh. control. A number of changes in the costs or prices for consumers, individual Because of minor variations in parts of Title 9, Code of Federal industries, Federal, State, or local conducting immunogenicity and Regulations, related to Rabies Vaccines government agencies, or geographic duration of immunity tests on Rabies were proposed. The Department agreed regions: or significant.adverse effects on Vaccines and because of individual to consider many of these and to publish competition, employment, investment, choices of language by licensees, them as proposed rulemaking. Special productivity, innovation, or on the variations in recommended dosage and label provisions for Rabies Vaccines as ability of the United States-based immunization schedules have arisen. Federal Register / V o l. 49, N o . 173 / W ed n esd ay, Septem ber 5, 1984 / Proposed Rules 35023

These variations have resulted in n o vyi fractions would also be deleted. equivalent result would be added. In difficulties for administrators of State Appropriate recommendations would be order to ensure that other aspects of the and local regulatory programs for rabies required to be included on labels in studies are conducted and product control. In a conference involving accordance with specific characteristics evaluations made in a manner which licensed manufacturers, Federal, State, of each product and conditions will support licensure and acceptance and local regulatory authorities, and surrounding its use. Paragraphs would for use in rabies control programs, it is interested scientists agreement was be renumbered accordingly. essential that a protocol be approved reached on uniform language which Substantial concern for human safety before such tests of Rabies Vaccines are would result in more adequate label existed when the restrictions on the initiated. This proposed revision would recommendations. A s a result of such route of administration for Marek’s change 9 CFR 113.129(b) and 113.147(b) agreement, the Department proposes Disease Vaccine in 9 CFR 112.7(k) were to require submission of a protocol for these revisions of 9 CFR 112.7 (c)(2) and introduced. Procedures using spray each immunogenicity test of Rabies (d)(6) which would provide for uniform equipment were under investigation at Vaccine. age and repeat dose recommendations. several research institutions without Rabies Vaccines are vitally important In the Department*» opinion this would adequate knowledge of public health to animal and public health. When in not result in improper use of licensed implications. A s a result, combination with other fractions, Rabies Vaccines. recommendations were limited to freedom from interference with the Label requirements in 9 CFR 112.7 subcutaneous or intramuscular routes. establishment of protection from rabies (c)(4) and (d)(1) contain Subsequently, substantial information by presence of the other fractions is recommendations for annual has been obtained indicating that these essential. These proposed revisions of 9 revaccination with Rabies Vaccines in viruses are not implicated in human CFR 113.129(b) and 113.147(b) would high risk areas. This recommendation is disease. Newer methods of codify the requirement that the Rabies now considered unnecessary. Animals administration are being evaluated and Vaccine component in combination with vaccinated with products shown to should be approved if they are shown to other fractions provide the same confer immunity for more than 1 year be safe and effective. Therefore, this protective value established for single have not been shown to be more restriction is proposed to be deleted. fraction Rabies Vaccines. susceptible to rabies after 1 year than The paragraph currently identified as (1) Rabies Vaccine, Killed Virus, can be those revaccinated annually. Inclusion would be redesignated as (k). prepared so that administration by of this provision on the labels has been The alternate statement regarding routes other than intramuscularly will the source of considerable difficulty in corneal opacity m 9 CFR 112.7(m) has provide protection which is at least areas where an increased incidence of resulted in frequent misunderstanding equal to that obtained by intramuscular rabies exists in wild species. Varying and is unnecessary. Corneal opacity administration. These other routes are interpretations of “high risk areas” may occur as an event not related to frequently less painful and less difficult' tended to interfere with rabies control vaccination. When it occurs to administer. Acceptance of vaccines by State and local health authorities. coincidentially with administration of administered by other routes in the past This proposed revision of 9 CFR 112.7 (c) vaccine, even though the vaccine is not was resisted because of a desire on the and (d) would delete this at fault, the alternate statement may be part regulatory officials to have all recommendation. misunderstood. This proposed revision vaccines administered by a single The requirement for a label statement would redesignate 9 CFR 112.7(m) as (1), uniform method. This restriction has regarding accidental human exposure to would require a warning statement only since been shown to be unnecessary modified live virus Rabies Vaccine in 9 where adequate data had not been filed, because of better instructions, CFR 112.7(d)(5) is probably insufficient and would delete the requirement for the information, and controls. This proposed to ensure that all users will be alternate statement in cases where revision of 9 CFR 113.129(b)(3)(i) would adequately warned. Although all adequate data were filed. permit administration by any method currently approved labeling contains the The immunogenicity and duration of shown to safety provide adequate warning, the regulation does not apply immunity tests necessary for evaluation protection. to cartons containing one multiple dose of Rabies Vaccine require 15 to 39 Measurement of serological response container where no enclosure is months to conclude. In some tests, even in test animals administered Rabies provided. This proposed revision would under excellent conditions and care, Vaccine is required six times during the require prominent placement of the deaths of test animals occur during the prechallenge period. Adequate warning on all cartons and enclosures, prechallenge period. In order to ensure evaluation of serological response can regardless of size of the container. that a suitable number of test subjects be determined when this is reduced to The specific repeat dose requirements are available for challenge, some five times. This proposed revision of 9 in 9 CFR 112.7(f) applicable to aqueous manufacturers have found it necessary CFR 113.129(b)(3)(iii) and and adjuvanted inactivated bacterial to include extra test animals at the time 113.147(b)(3)(iii) would delete the products in general, as well as to of vaccination. To prevent requirements for these determinations at specific fractions in 9 CFR 112.7(f) (1) compromising the test results, it is 60 days postvaccination and would, and (3) have been found inappropriate essential that all animals be challenged. therefore, eliminate one measurement of in the case of certain products either Proposed revision of 9 CFR the present six. prepared by advanced methods or from 113.129(b)(3)(i) and 113.147(b)(3)fi) The regulation in 9 CFR 113.129(b)(1) different ingredients, or both, and would remove the upper limit of 30 makes reference to the NIH Test in administered pursuant to new vaccinates. Revision of 9 CFR Chapter 33 of “Laboratory Techniques in husbandry practices. This proposed 113.129(b)(3)(ii) and 113.147(b)(3)(ii) Rabies.” The test, as described in that revision would delete the requirements would permit use of more than 10 publication, specifies that the challenge for a repeat dose at 7 days for aqueous controls. The basic number of does contain between 5 and 50 LDso. - Products and at 14 days for adjuvanted vaccinates required to survive the However, this is not clearly stated and, products. The special requirements for challenge would remain at 22 of 25 or 26 as a result, some manufacturers have Clostridium chauvoei, septicum, and of 30 but provisions for acceptance of failed to observe this restriction. This 35024 Federal Register / V o l. 49, N o . 173 / W edn esd ay, Septem ber 5, 1984 / Proposed Rules

proposed revision would add clarifying or 1:16 by the rapid fluorescent focus (1) For low egg-passage (below the language in 9 CFR 113.129(b)(1) to inhibition test are necessary to ensure 180th egg-passage level) the statement ensure that tests are run correctly. protection. The rapid fluorescent focus “For Use In Dogs Only! Not For Use In The regulations in 9 CFR inhibition test, which was not available Any Other Animal!” 113.129(b)(3)(iv) and 113.147(b)(3)(iii) when present regulations were (2) For other vaccines containing require challenge using street virus and published, would be added as an modified live rabies virus, the statement injection in the masseter muscles is alternative method for determining “For Use In (designate animal(s)) Only! recommended. These reqirements tend serological response. This method uses Not For Use In Any Other Animal!” to preclude use of equally effective an in vitro test instead of mice in (3) Intramuscular injection at one site challenges which might not be determining serological response with in the thigh shall be recommended. considered to be street virus. These equal assurance of accuracy. (4) The statement “In event of requirements also preclude equally The regulations in 9 CFR accidental exposure to the vaccine virus, effective and simpler methods of 113.147(a)(5)(ii) specify a 1.0 ml volume administration into muscles other than of high titer virus for the nerve the possible hazard to human health the Masseter. These proposed revisions infiltration safety study. This could should be considered and State Public would provide for use of challenge virus result in inadequate or in excessive Health Officials should be consulted for to be furnished or approved by virus being used because of variations specific recommendations “shall be Veterinary Services and would delete in the titer inherent in various products. prominently placed on all carton labels the Masseter muscle recommendation. This revision would standardize the and on enclosures, if used. The requirement for observation of amount by specifying the equivalent of (5) That vaccine be administered to animals during the postchallenge period 10 doses for cats and dogs and to one animals at 3 months of age or older, with in accordance with 9 CFR 113.5(b) has dose per site in other species. a repeat dose 1 year later. been found to be inadequate. In order to Alternatives (6) Subsequent revaccination as ensure the validity of test results, determined from the results of the specific tests to ascertain that deaths of The alternatives considered are: duration of immunity studies conducted test animals are due to rabies by 1. Not amend the regulations. This as prescribed in § 113.147 (b) or (c) or examination of brain material for the would result in retention of obsolete and both, presence of rabies virus is considered unnecessary label restrictions. * * * * * necessary. Therefore, this proposed Unneeded restrictions and excess (f) Unless otherwise authorized in a revision would add a fluorescent testing steps would continue in the filed Outline of Production, labels for antibody examination of brain tissue to Standard Requirements for Rabies inactivated bacterial products shall ensure that deaths from challenge are Vaccines. Therefore, this alternative contain an unqualified recommendation due to rabies. Currently licensed was not chosen. products have been adequately for a dose to accomplish primary 2. Amend the regulations. This would immunization to be given at an evaluated and would not be affected by result in more meaningful label this revision. appropriate time interval: P rovid ed , requirements, deletion of unnecessary That, repeat dose recommendations The regulations in 9 CFR 113.129(b)(4) restrictions, and elimination of and 9 CFR 113.147(b)(4) provide for prescribed in paragraphs (f) (1) through excessive testing steps. Therefore, this (3) of this section are required for reduced numbers of certain species of alternative was accepted. animals to be challenged in products containing the fractions listed. immunogenicity tests. Reduction is List of Subjects in 39 CFR Part 113 (1) Clostridium haemolyticum. permitted only for cattle, horses, sheep, Animal biologies, Exports, Imports, “Repeat the dose every 5 or 6 months in and goats. Because of widespread need Labeling, Packaging and containers, animals subject to reexposure.” and interest in products to protect many Transportation. (2) Erysipelothrix rhusiopathiae. species from rabies, it may become “Swine: For breeding animals, repeat necessary to evaluate Rabies Vaccines PART 112—PACKAGING AND after 21 days and annually. Turkeys: in animals not considered at the time LABELING Repeat dose every 3 months.” when this Standard Requirement was (3) Clostridium botulinum Type C. Section 112.7, paragraphs (c) (1) and established. Some of these species “Revaccinate breeders 1 month before (2), (d), (f), (k) and (1) would be revised present problems similar to those breeding.” to read: associated with challenge of those ***** currently excluded. This proposed § 112.7 Special additional requirements. (k) In the case of normal serum, revision would allow for the reduction ***** of test animals when domestic species antiserum, or antiserum derivatives, the other than dogs and cats are challenged. (c) * * * type of preservative used shall be It would also allow for more adequate (1) That vaccine be administered to indicated on all labels. selection of vaccinates to be challenged animals at 3 months of age or older, with (l) Unless acceptable data has been by considering SN titers at the last two a repeat dose 1 year later. filed with Veterinary Services, to show bleedings instead of restricting the (2) Subsequent revaccination as that developement or comeal opacity is selection only from those lowest at the determined from the results of duration not associated with the product, carton last bleeding. This proposed revision of immunity studies conducted as labels and enclosures used with would change the serological response prescribed in § 113.129 (bj or (c) or both. biological products containing modified considered to be sufficient to ensure (d) In the case of a biological product live canine hepatitis virus or modified protection from challenge. These containing modified live rabies virus, live canine adenovirus Type 2 shall bear proposed values are based on serology the carton labels, enclosures, and all but the following statement: “Occasionally, and challenge results involving over 900 very small final container labels shall transient corneal opacity may occur animals. These studies demonstrated include the recommendations provided following the administration of the that titers of 1:10 by the mouse SN test in this paragraph. product.” Federal Register / Vol 49, No. 173 / Wednesday, September 5, 1984 / Proposed Rules 35025

PART 113—STANDARD brain of each test animal that dies (3) * * * REQUIREMENTS following challenge shall be examined (i) Twenty-five or more animals shall Section 113.129 introductory for rabies by the fluorescent antibody be used as vaccinates. Each shall be paragraph (b), (b)(1), (b)(3) (i) through test. injected intramuscularly at one site in (v), and (b)(4) would be revised to read: (v) Requirements for acceptance in the thigh with a dose of vaccine at the challenge tests shall be death due to proposed minimum virus titer as § 113.129 Rabies Vaccine, Killed Virus. rabies in at least 80 percent of the specified in the filed Outline of * * * * * controls while at least 22 of 25 or 26 of Production. (b) The immunogenicity of vaccine 30 or a statistically equivalent number (ii) Ten or more additional animals prepared with virus at the highest of the vaccinates remain well for a shall be held as controls. passage from the Master Seed shall be period of 90 days. (iii) On or about days 30, 90,180, 270, established in each species for which (4) When animals of domestic species the vaccine is recommended. Tests shall other than dogs aijd cats are the test and 365 postvaccination, all animals be conducted in accordance with a animals, the five vaccinates with the shall be bled and individual serums protocol filed with Veterinary Services lowest SN titers at each of the last two tested for neutralizing antibodies to before initiation of the tests. The bleedings may be challenged, except rabies virus. vaccine shall be prepared using methods that all vaccinates with SN titers below (iv) All surviving test animals of each prescribed in the Outline of Production. 1:10 by the mouse SN test or below 1:16 species shall be challenged If Rabies Vaccine is to be in by the rapid fluorescent focus inhibition intramuscularly with virulent rabies combination with other fractions, the test at any bleeding shall be challenged virus furnished or approved by product to be tested shall include all at 1 year postvaccination. At leat five Veterinary Services 1 year after fractions to be recommended. SN-negative controls of each species vaccination, except as provided in (1) The preinactivation virus titer shall shall be challenged at the same time as paragraphs (b)(4), (b)(5), and (b)(6), of be established as soon as possible after the vaccinates. All SN titers shall be this section. The challenged animals harvest by at least five separate virus determined to an endpoint. The shall be observed each day for 90 days titrations. A mean illative potency unchallenged vaccinates shall be as prescribed in § 113.5(b). The brain of value of the vaccine to be used in the considered protected when evaluated each test animal that dies following host animal potency test shall be for acceptance as specified in (b)(3) (v) challenge shall be examined for rabies established by at least five replicated of this section. by the fluorescent antibody test. potency tests conducted in accordance * * * * * with the NIH Test For Potency in (v) Requirements for acceptance in Section 113.147 paragraphs (a)(5) (ii), challenge tests shall be death due to Chapter 33 of “Laboratory Techniques in introductory paragraph (b), (b)(3) (i). rabies in at least 80 percent of the Rabies,” Third Edition (1973), World through (v), and (b)(4) would be revised controls while at least 22 of 25 or 26 of Health Organization, Geneva. The to read: volumetric method of calculation, as 30 or a statistically equivalent number described in this publication, shall be § 113.147 Rabies Vaccine. of the vaccinates remain well for a used and the challenge dose shall ***** period of 90 days. contain between 5 and 50 LDso. The (4) When animals of domestic species provisions of “Laboratory Techniques in (a) * * * other than dogs and cats are the test Rabies,” Third Edition (1973), (5) * * * animals, the five vaccinates with the incorporate by reference and are the (ii) Infiltrate a major nerve of each of lowest SN titers at each of the last two minimum standards for achieving the animals in the other group of 5 with bleedings may be challenged, except 10 doses of the same high titer virus. For compliance with this section. that all vaccinates with SN titers below * * * * * all species except dogs and cats, 1:10 by mouse SN test or below 1:16 by (3) * * * multiple injections along the cervical spine in the proximity to the nerve the rapid fluorescent focus inhibition (i) Twenty-five or more animals shall test at any bleeding shall be challenged trunks emerging from the spinal cord be used as vaccinates. Each shall be at 1 year postvaccination. At least five administered a dose of vaccine at the may be used: Provided, That a 1-dose SN-negative controls of each species proposed minimum potency level and by volume shall be injected into each of shall be challenged at the same time as the method specified in the Outline of four or more sites bilaterally. the vaccinates. All SN titers shall be Production. ***** (ii) Ten or more additional animals (b) The immunogenicity of vaccine determined to an endpoint. The shall be held as controls. prepared with virus at the highest unchallenged vaccinates shall be (hi) On or about 30, 90,180, 270, and passage of the Master Seed shall be considered protected when evaluated 365 days postvaccination, all test established in each species for which for acceptance as specified in (b)(3)(v) animals shall be bled and individual the vaccine is recommended. Tests shall of this section. serum samples tested for neutralizing be conducted in accordance with a * * * * * antibodies to rabies virus. - protocol filed with Veterinary Services (37 Stat. 832-833 (21 U.S.C. 151-158)) (iv) All surviving test animals shall be before initiation of the tests. The challenged intramuscularly with virulent vaccine shall be prepared using methods Done at Washington, D.C., this 30th day of rabies virus furnished or approved by prescribed in the Outline of Production. August 1984. Veterinary Services 1 year after If Rabies Vaccine is to be in N.L. Meyer, vaccinations, except as provided in combination with other fractions, the Acting Deputy Administrator, Veterinary (b)(4) of this section. The challenged product tested shall include all fractions Services. animals shall be observed each day for to be recommended. [FR Doc. 84-23455 Filed 9-4-84; 8:45 am] ***** 90 days as prescribed in § 113.5(b). The BILUNG CODE 3410-34-M 35026 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Proposed Rules

DEPARTMENT OF TRANSPORTATION importers, and the public, Customs Highway 83; west on old U.S. Highway 83 to proposes to amend § 101.3, Customs FM-2062; south on FM-2062 to the Rio Grande Federal Aviation Administration Regulations (19 CFR 101.3), by extending River. and redefining the geographical limits of Progreso 14 CFR Part 93 the ports of entry of Hidalgo and [Docket No. 24206; Notice 84-14] Progreso, Texas. By T.D. 76-339, published in the Ip the list of Customs regions, Federal Register on December 16,1976 Elimination of Airport Delays districts, and ports of entry set forth in (41 FR 54927), the geographical limits of § 101.3(b), Customs Regulations, the Progreso, Texas, included the following Correction ports of Hidalgo and Progreso, Texas, territory: In FR Doc. 84-21984 beginning on page are listed in the Laredo, Texas, Customs Beginning at the intersection of Mile 9 33082 in the issue of Monday, August 20, District in the Southwest Region. North Road and the Cameron County and 1984, make the following correction. Customs has been requested to extend Hidalgo County line proceeding in a westerly On page 33084, second column, last the geographical limits of both ports so direction along Mile 9 North Road to its line, '‘LGA-0800-0595” should read that importers, now operating produce intersection with Mile 6Vfe West Road, then “LGA-0800-0959”. sheds located outside the port limits, proceeding in a southerly direction along BILLING CODE 1505-01-M will be able to take advantage of the Mile 6V2 West Road and a continuation privileges of § 142.21(b), Customs thereof to its intersection with the United Regulations (19 CFR 142.21(b)). States-Mexico international boundary, then DEPARTMENT OF THE TREASURY Specificially, § 142.21(b) authorizes the proceeding in a easterly direction along the filing of an application with Customs for United States-Mexico international boundary Customs Service a special permit for the immediate to its intersection with the Cameron County delivery for the transportation of fresh and Hidalgo County Line, then proceeding in 19 CFR Part 101 fruits and vegetables for human a northerly direction on the Cameron County consumption arriving from Canada or and Hidalgo County Line, to its intersection Proposed Customs Regulations with Mile 9 North Road. Amendment Relating to a Change in Mexico to the importer’s premises, if the Customs Service Field within the port of importation. The proposed change would extend Organization—Hidalgo and Progreso, After a review of the matter, Customs the existing port limits of Progreso to Texas is proposing expanding the port limits include the following territory: for both Hidalgo and Progreso. These On the south, the Rio Grande River; on the a g e n c y : U.S. Customs Service, proposed boundaries were designed to east, the county line separating Hidalgo and Department of the Treasury. accommodate all active produce sheds Cameron Counties from the Rio Grande River a c t io n : Proposed rule. and to simplify the descriptions of the north to State Highway 107; on the north, port limits. Customs believes these State Highway 107 west from the county line s u m m a r y : The document proposes to proposed boundaries will be sufficient to FM (Farm to Market)-1423; and on the amend the Customs Regulations to to allow all active produce sheds the west, FM-1423 south from State Highway 107 change the Customs field organization privilege of operating under § 142.21(b), to the Rio Grande River. by extending and redefining the Customs Regulations, without the need Comments geographical limits of the ports of entry for further expansion in the near future. of Hidalgo and Progreso, Texas. The Customs also believes the existing staffs Before adopting this proposal, proposed change would enable at both ports will be sufficient to consideration will be given to any importers, now operating produce sheds accommodate any additional workload. written comments timely submitted to outside the port limits, to apply for a If the proposed changes are adopted, the Commissioner of Customs. special permit for the immediate the list of Customs regions, districts, and Comments submitted will be available delivery for the transportation of fresh ports of entry in § 101.3(b), Customs for public inspection in accordance with fruits and vegetables arriving from Regulations, will be amended § 103.11(b), Customs Regulations (19 Mexico for human consumption. accordingly. CFR 103.11(b)), on regular business days d a t e : Comments must be received on or between the hours of 9:00 a.m. and 4:30 before November 5,1984. Hidalgo- p.m. at the Regulations Control Branch, a d d r e s s : Comments (preferably in U.S. Customs Service, 1301 Constitution triplicate) may be addressed to the By E.O . 3609, dated January 9,1922, Avenue, NW., Room 2426, Washington, Commissioner of Customs, Attention: and effective February 1,1922, the port D .C. 20229. Regulations Control Branch, U.S. of Hidalgo, Texas, was established. Authority Customs Service, 1301 Constitution However, the geographic limits of the Avenue, NW., Room 2426, Washington, port were undefined. This change is proposed under the D .C. 20229. Under this proposal, the port limits of authority vested in the President by FOR FURTHER INFORMATION CONTACT: Hidalgo would include the following section 1 of the Act of August 1,1914, 38 Denise Crawford, Office of Inspection territory: Stat. 623, as amended (19 U.S.C. 2), and and Control, U.S. Customs Service, 1301 delegated to the Secretary of the Constitution Avenue, NW., Washington, On the south, the Rio Grande River; on the Treasury by Executive Order No. 10289, D .C. 20229 (202-566-8157). east, FM (Farm to Market)-1423 from the Rio September 17,1951 (3 CFR 1949-1953 Grande River north to State Highway 107, SUPPLEMENTARY INFORMATION: Comp. Ch. II) and pursuant to authority east on State Highway 107 to FM-493 and provided by Treasury Department Order north on FM-493 to FM-2812; on the north, Background No. 101-5 (47 FR 2449). FM-2812 west to U.S. Highway 281 then south As part of a continuing program to on U.S. Highway 281 to FM-1925 and west on List of Subjects in 19 CFR Part 101 obtain more efficient use of its FM-1925 to FM-881; on the west, south on personnel, facilities, and resources, and FM-881 to FM-492 then west on FM-492 to Customs duties and inspection, to provide better service to carriers, FM-2894; south on FM-2894 to old U.S. Imports, Organization, Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Proposed Rules 35027

Regulatory Flexibility Act California, to be known as “Sonoma (b) Historical or current evidence that The provisions of the Regulatory Mountain.” This proposal is the result of the boundaries of the viticultural area Flexibility Act relating to an initial and a petition submitted by Mr. David are as specified in the petition; final regulatory flexibility analysis (5 Steiner, a grape grower in the proposed (c) Evidence relating to the U .S.C. 603, 604) are not applicable to this area. The establishment of viticultural geographical features (climate, soil, proposal. Customs routinely establishes, areas and the subsequent use of elevation, physical features, etc.) which expands, and consolidates Customs viticultural area names as appellations distinguish the viticultural features of ports of entry throughout the United of origin in wine labeling and the proposed area from surrounding States to accommodate the volume of advertising will help consumers better areas; Customs-related activity in various parts identify wines they purchase. The use of (d) A description of the specific of the country. Although this change this viticultural area as an appellation of boundaries of the viticultural area, may have a limited effect upon some origin will also help winemakers based on the features which can be small entities in the Hidalgo and distinguish their products from wines found on the United States Geological Progreso, Texas, areas, it is not made in other areas. Survey (U.SG.S.) maps of the largest expected to be significant because the d a t e : Written comments must be applicable scale; and extension of the limits of Customs ports received by October 22,1984. (e) A copy of the appropriate U .S.G .S. of entry in other locations has not had a ADDRESSES: Send written comments to: map with the boundaries prominently significant economic impact upon a Chief, FAA, Wine and Beer Branch, marked. substantial number of small entities to Bureau of Alcohol, Tobacco and the extent contemplated by the Petition Firearms, P.O. Box 385, Washington, DC Regulatory Flexibility Act. Accordingly, 20044-0385 (Attn: Notice No. 541). A T F has received a petition proposing it is certified under the provisions of a viticultural area in Sonoma County, Copies of the petition, the proposed section 3 of the Regulatory Flexibility California, to be known as “Sonoma regulations, the appropriate maps, and Act (5 U .S.C. 605(b)) that the Mountain.” The proposed Sonoma the written comments will be available amendment, if adopted, will not have a Mountain area is entirely included for public inspection during normal significant economic impact on a within the approved Sonoma Valley and business hours at: A T F Reading Room, substantial number of small entities. North Coast areas. The proposed Office of Public Affairs and Disclosure, Sonoma Mountain area consists of Executive Order 12291 Room 4407, Federal Building, 12th and approximately 5,000 acres containing Pennsylvania Avenue, NW .( Because the proposed amendment 633 acres of grapevines. relates to the organization of the Washington, DC. Customs Service, pursuant to section FOR FURTHER INFORMATION CONTACT: Name 1(a)(3) of E .0 .12291 this proposal is not John A . Linthicum, F A A , W ine and Beer Sonoma Mountain is a" prominent subject to the Executive Order. Branch, (202)566-7626. geographical feature which has been Drafting Information SUPPLEMENTARY INFORMATION: historically known by this name. The name “Sonoma” was first given to the The principal author of this document Background area by General Mariano Guadalupe was Glen E. Vereb, Regulations Control Vallejo, believing that it was the Indian Branch, Office of Regulations and Òn August 23,1978, A T F published word for Valley of the Moon, a name Rulings, U.S. Customs Service. However, Treasury Decision ATF-53 (43 FR 37672, applied to Sonoma Valley by the personnel from other Customs offices 54624) revising regulations in 27 CFR Indians. General Vallejo established the participated in its development. Part 4. These regulations allow the establishment of definitive viticultural town of Sonoma in 1835. The name William Von Raab, . “ Sonoma,” which applies to the valley, Commissioner of Customs. areas. The regulations also allow the name of an approved viticultural area to was also applied to the range on the Approved: August 17,1984. be used as an appellation of origin on western side of the valley, and to the John M . Walker, Jr. wine labels and in wine advertisements. most prominent peak of that range. Assistant Secretary of the Treasury. On October 2,1979, A T F published Geographical Features Which Affect [FR Doc. 84-23436 Filed 9-4-84; 8:45 am] Treasury Decision ATF-60 (44 FR 56692) Viticultural Features BILLING CODE 4820-02-M which added a new Part 9 to 27 CFR, The proposed Sonoma Mountain area providing for the listing of approved is distinguished from surrounding areas American viticultural areas, die names by a “thermal belt” phenomenon Bureau of Alcohol, Tobacco and of which may be used as appellations of common on the slopes of valleys in Firearms origins. Mediterranean climate systems. The 27 CFR Part 9 Section 4.25a(e)(l), Title 27, CER, thermal belt phenomenon, characterized defines an American viticultural area as by drainage of cold air and fog from the [Notice No. 541] a delimited grape-growing region slopes to lower elevations, is manifested distinguishable by geographical by lower maximum temperatures and Establishment of Sonoma Mountain features. Section 4.25a(e)(2) outlines the Viticultural Area higher minimum temperatures, year- procedure for proposing an American round, than lower elevations. In the a g e n c y : Bureau of Alcohol, Tobacco viticultural area. Any interested person Sonoma Valley, the lowest élévation of and Firearms, Treasury. may petition A T F to establish a grape­ the thermal belt is generally considered growing region as a viticultural area. a c t io n : Notice of proposed Tulertiaking. to be around 400 feet above mean sea The petition should include: level. A t a certain high elevation, the SUMMARY: The Bureau of Alcohol, (a) Evidence that the name of the thermal belt phenomenon would be Tobacco and Firearms (ATF) is proposed viticultural area is locally expected to dissipate, due to the overall considering the establishment of a and/or nationally known as referring to lowering of temperatures common at viticultural area in Sonoma County, the area specified in the petition; higher elevations. The upper point at 35028 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Proposed Rules

which the thermal belt climate and in advertisements as to the origin of Comments received before the closing phenomenon is overshadowed by the the grapes. Any commercial advantage date will be carefully considered. affect of higher elevation has not been gained can only come from consumer Comments received after the closing accurately determined on Sonoma acceptance of Sonoma Mountain wines. date and too late for consideration will Mountain because the steep terrain of be treated as possible suggestions for Regulatory Flexibility Act the higher elevations makes most future A T F action.. agricultural activities impractical. The provision of the Regulatory ATF will not recognize any material Flexibility Act relating to an initial and or comments as confidential. Comments Temperature final regulatory flexibility analysis (5 may be disclosed to the public. Any Eleva­ Mean Mean U .S.C., 603, 604) are not applicable to this material which the commenter considers Location tion high low (feet) temper­ temper­ proposal because the notice of proposed to be confidential or inappropriate for ature ature rulemaking, if promulgated as a final <°F) <°F) disclosure to the public should not be in rule, will not have a significant the comment. The name of the person Mountain Te nperatures economic impact on a substantial submitting a comment is not exempt Steiner Vineyard...... 1,000 74.71 52.43 number of small entities. The proposal from disclosure. Laurel Glen...... 800 80.25 52.99 will not impose, or otherwise cause, a Sobre Vista...... 600 74.50 52.99 Any person who desires an significant increase in the reporting, Averages...... 76.49 52.80 opportunity to comment orally at a recordkeeping, or other compliance public hearing on these proposed Valley Floor Temperatures burdens on a substantial number of regulations should submit his or her Matanzas Creek Vineyard...... 500 77.60 49.10 small entities. The proposal is not Grand Cru Vineyards...... 250 80.82 48.71 request, in writing, to the Director within Hill Rd. weather station...... 200 80.46 47.74 expected to have significant secondary the 45-day comment period. The request Averages...... 79.63 48.52 or incidental effects on a substantial should include reasons why the number of small entities. commenter feels that a public hearing is It is hereby certified under the The petitioner claims that Laurel Glen necessary. The Director, however, provisions of Section 3 of the Regulatory is more remote from marine influences reserves the right to determine, in light Flexibility Act (5 U.S.C. 605(b)) that this and this accounts for the higher mean of all circumstances, whether a public notice of proposed rulemaking, if high temperature. However, the mean hearing will be held. promulgated as a final rule, will not low temperature is consistent with other have a significant economic impact on a Drafting Information mountain temperatures, in contrast to substantial number of small entities. valley floor temperatures. The principal author of this document Compliance With Executive Order 12291 is John A . Linthicum, F A A , Wine and Boundaries Beer Branch, Bureau of Alcohol, The eastern boundary of the proposed In compliance with Executive Order Tobacco and Firearms. area is the 400-foot contour line, the 12291 the Bureau has determined that List of Subjects in 27 C FR Part 9 lower elevation of the thermal belt this proposal is not a major rule since it phenomenon, as previously discussed. will not result in: Administrative practice and The petitioner’s western boundary (a) An annual effect on the economy procedure, Consumer protection, incorporated the boundary of the of $100 million or more; Viticultural areas, Wine. Sonoma Valley viticultural area. (b) A major increase in costs or prices Authority However, a simple examination of the for consumers, individual industries, Glen Ellen and Kenwood maps shows Federal, State, or local government Accordingly, under the authority in 27 that the terrain is very steep beginning agencies, or geographic regions; or U .S.C. 205, the Director proposes the at elevations of about 1200 to 1600 feet (c) Significant adverse effects on amendment of 27 CFR Part 9 as follows: above mean sea level. The steep terrain competition, employment, investment, is a geographical feature which makes productivity, or on the ability of United PART 9—AMERICAN VITICULTURAL viticulture impractical. Moreover, the States-based enterprises to compete AREAS thermal belt phenomenon is dissipated with foreign-based enterprises in at higher altitudes. Therefore, ATF has domestic or export markets. Paragraph 1. The table of sections in 27 CFR Part 9, Subpart C, is amended by modified the peitioner’s western Paperwork Reduction Act boundary by using contour lines at adding the heading of § 9.102 to read as elevations above which viticultural The provisions of the Paperwork follows: activities are impractical, and above Reduction Act of 1980, Pub. L. 96-511,44 Subpart C—Approved American Viticultural which the thermal belt phenomenon is U .S.C. Chapter 35, and its implementing A rea s regulations, 5 CFR Part 1320, do not dissipated. Sec. The proposed boundary of the apply to this notice because no * * • * * * Sonoma Mountain area is described in requirement to collect information is 9.102 Sonoma Mountain. the proposed § 9.102. proposed. ★ * * * ★ Miscellaneous Public Participation—Written Comments Par. 2. Subpart C is amended by ATF does not wish to give the A T F requests comments concerning adding § 9.102 to read as follows: impression by proposing Sonoma this proposed viticultural area from all Mountain as a viticultural area that it is interested persons. Furthermore, while §9.102 Sonoma Mountain. endorsing the quality of the wine from this document propose possible (a) Nam e. The name of the viticultural this area. AT F is proposing this area as boundaries for the Sonoma Mountain area described in this section is being distinct and not better than other viticultural area, comments concerning “Sonoma Mountain.” areas. By proposing this area, Sonoma other possible boundaries for this (b) Approved maps. The approved Mountain wine producers would be viticultural area will be given maps for determining the boundary of a llowed to claim a distinction on labels consideration. the Sonoma Mountain viticultural area Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Proposed Rules 35029

are 2 U .S.G .S. topographic maps in the a c t io n : Extension of public comment the March 20,1984 Part 50 and Part 58 7.5 minute series, as follows: periods. notices, EPA will provide an additional (1) Glen Ellen, Calif., dated 1954, review period. This additional review s u m m a r y : On March 20,1984, EPA photorevised 1980; and will be for the limited purpose of proposed revisons to the national (2J Kenwood, Calif., dated 1954, allowing comment on the implications, if photorevised 1980. ambient air quality standards for any, for the air quality standards and (c) The Sonoma Mountain particulate matter in 40 CFR part 50 (49 Boundary. the air quality surveillance regulations viticultural area is located in Sonoma FR 10408], and to EPA’s regulations of EPA’s proposals concerning: (1) County, California. The boundary is as concerning ambient air quality Requirements for preparation, adoption follows: surveillance in 40 CFR Part 58 (49 FR and submittal of implementation plans (1) The beginning point is the point at 10435) and ambient air monitoring in 40 CFR Part 51 and associated which the 1600-foot contour line crosses reference and equivalent methods in 40 guidelines, and (2) approval and the section line dividing Section 22 from CFR Part 53 (49 FR 10454). On May 25, promulgation of implementation plans in Section 23, in Township 6 North, Range 1984, EPA extended the public comment 7 West. periods on the three proposals and the 40 CFR Part 52. This additional review (2) The boundary follows this section deadlines for rebuttal and period will be announced when the Part line north to the 800-foot contour line. supplementary information submitted 51 and Part 52 requirements are proposed. (3) The boundary follows the 800-foot pursuant to section 307(d)(5)(iv) of the contour line westerly, easterly, and Clean Air A ct regarding comments With today’s extension the public will northerly to Bennett Valley Road. received at the April 30,1984 public have been given some eight months to ' (4) The boundary follows Bennett hearing to a common date of September prepare comments on the proposed air Valley Road easterly to Enterprise Road. 17,1984 (49 FR 22109). quality standards and related (5) The boundary follows Enterprise Today’s notice extends the period for monitoring and surveillance regulations. Road southeasterly to an unnamed public comment on the Parts 50, 53, and EPA, therefore, does not anticipate the stream, in Section 7, Township 6 North, 58 proposals and on the public hearing need for further extensions of the Range 7 West, which crosses Enterprise to November 16,1984. This action is comment period beyond November 16, Road near the point at which the road being taken in response to public 1984 for the Part 50, Part 53 and Part 58 turns from an easterly to a southerly requests for additional time to prepare proposals per se. direction. comments on the March 20 proposals. Dated: August 29,1984. (6) The boundary follows this stream d a t e : Written comments on these John C. Topping, easterly to the 400-foot contour line. proposed rules must be received by Acting Assistant Administrator for Air and (7) The boundary follows the 400-foot November 16,1984. Radiation. contour line southerly to the township [FR Doc. 84-23424 Filed 9-4-84; 8:45 am] line dividing Township 6 North from ADDRESSES: Submit comments BILUNG CODE 6560-50-M Township 5 North. (duplicate copies are preferred) on the. (8) The boundary follows a straight proposed revisions to the national line extension of this township line west ambient air quality standards for 40 CFR Part 81 to the 1200-foot contour line. particulate matter to: Central Docket (9) The boundary follows the 1200-fooi Section (LE-131), Environmental [EPA Action NE 1514; A-7-FRL-2664-6] contour line northwesterly to the range Protection Agency, Attn: Docket No. A - line dividing Range 6 West from Range 7 82-37, 401M Street, SW ., Washington, Revision to Attainment Status West. D.C. 20460. Comments on the proposed Designations; State of Nebraska (10) The boundary follows this range revisions to EPA’s regulations on line south to the 1600-foot contour line. ambient air quality surveillance for a g e n c y : Environmental Protection fllj The boundary follows this particulate matter should be sent to the Agency (EPA). contour line westerly to the beginning same address, Attn: Docket No. A-83- ACTION: Proposed rulemaking. point. 13. Comments on the proposed revisions Signed: August 27,1984. to the ambient air monitoring reference SUMMARY: On February 13,1984, the Nebraska Department of Environmental Stephen E. Higgins, and equivalent methods should also be Control submitted a request that the Director. - sent to the same address, Attn: Docket A-82-43. The dockets are located in the nonattainment area at 11th and Nicholas (FR Doc. 84-23407 Filed 0-4-84; 8:45 am] Central Docket Section of the Streets in Omaha be redesignated to BILLING CODE 4810-31-M Environmental Protection Agency, West attainment of the primary total Tower Lobby Gallery 1,401 M Street, suspended particulate (TSP) standard. ENVIRONMENTAL PROTECTION SW., Washington, D.C. • Supplementary information was AGENCY submitted by the State on March 2,1984. FOR FURTHER INFORMATION CONTACT: 40 CFR Parts 50, 53, and 58 The purpose of today’s notice is to Mr. John H. Haines, Strategies and Air discuss the State’s submission, EPA’s [AD-FRL-2664-5] Standards Division, Office of Air proposed action, and to invite the public Quality Planning and Standards, U.S. to comment on the proposed action. National Ambient Air Quality Environmental Protection Agency, M D - DATE: Comments must be received on or Standards for Particulate Matter, 12, Research Triangle Park, N .C. 27711. before October 5,1984. Ambient Air Quality Surveillance for Telephone (919) 541-5531 (FTS: 629- Particulate Matter, and Ambient Air 5531). a d d r e s s e s : Comments should be Monitoring Reference and Equivalent addressed to Mary C. Carter, Methods; Proposed Rules * SUPPLEMENTARY INFORMATION: EPA is Environmental Protection Agency, further extending the public comment Region VII, Air Branch, 324 East 11th AGENCY: Environmental Protection period in response to requests from the Street, Kansas City, Missouri 64106. Agency. public. Furthermore, as announced in Copies of the State submission are 35030 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Proposed Rules

available for inspection during normal The submission contained monitoring 40 CFR Part 180 business hours at the above address and 'data showing no violations of the [OPP-300095; FRL-2663-5] at the following location: Nebraska primary TSP standard for eight Department of Environmental Control, consecutive quarters in 1982 and 1983. Alpha-(P-Nonylphenyl)-Omega- Air Pollution Control Division, Box Material submitted by the State on Hydroxypoly(Oxypropylene) Block 94877, State House Station, 301 March 2,1984, referenced an RFP report Polymer With Poly (Oxyethylene); Centennial Mall South, Lincoln, which confirmed that the control Proposed Exemption From the Nebraska 68509. strategy contained in the approved State Requirement of a Tolerance; FOR FURTHER INFORMATION CONTACT: Implementation Plan (SIP) had been Pesticides Mary C. Carter at (816) 374-3791, FTS implemented in accordance with the SIP. AGENCY: Environmental Protection 758-3791. Agency (EPA). Review of the information submitted SUPPLEMENTARY INFORMATION: Section by the State indicates that the area a c t io n : Proposed rule. 107(d) of the Clean Air Act, as amended meets the requirements for (Act) required each state to list all areas s u m m a r y : This document proposes to redesignation from nonattainment of within the state as meeting or not expand the exemption from the meeting the National Ambient Air both the primary and secondary TSP requirement of a tolerance for alpha-[p- Quality Standards (NAAQS). standards to nonattainment of the nonylphenyl)-omega- Attainment status designations were secondary TSP standard only. hydroxypoly(oxypropylene) block initially promulgated on March 3,1978, Final promulgation of this action at polymer with poly (oxyethylene) when in the Federal Register at 43 FR 8962. the close of the present public comment used as a surfactant in pesticide The Act specified that these period would remove the construction formulations. This proposed regulation designations be based on air quality ban on major stationary sources of TSP was requested by Quaker Chemical control regions (AQCRs) or any which is currently in effect in this area. Corp. subportions of A Q CR s. Section 107(d)(5) See the Federal Register of March 28, DATE: Written comments must be provides that the state may revise the 1983 (48 FR 12717), for a discussion of received on or before October 5,1984. list of A Q CR s, or portions thereof, as the construction ban. ADDRESS: By mail, submit written appropriate, and submit such list to EPA comments identified by the document Proposed Action for consideration. control number [OPP-300095] to: In the March 3,1978, Federal Register EPA proposes to remove the primary Information Services Section (TS-757C), areas were classified as attainment, nonattainment designation and retain Program Management and Support unclassified, nonattainment of the the secondary nonattainment Division, Office of Pesticide Programs, primary (and secondary) standards, or designation for the TSP standards at the Environmental Protection Agency, 401 nonattainment of the secondary 11th and Nicholas Streets nonattainment M St., SW., Washington, D.C. 20460 standard only (where the secondary site in Omaha. In person, deliver comments to: standards differs from the primary EPA is soliciting comments on the Registration Support and Emergency standard). An attainment area is one in Response Branch, Registration which the measured or predicted air State’s submission and on EPA’s action proposed in this document. The Division (TS-767), Environmental quality does not exceed the ambient air Protection Agency, Rm. 724A, CM #2, quality standards. An unclassified area Administrator will consider comments recived in deciding to approve or 1921 Jefferson Davis Highway, is one for which there are insufficient Arlington, V A 22202. data to determine whether the area is disapprove this submission. attainment or nonattainment. A primary The Office of Management and Budget Information submitted as a comment nonattainment area is one in which the has exempted this rule from the concerning this notice may be claimed confidential by marking any part or all air quality is worse than the primary or requirements of Section 3 of Executive of that information as “Confidential health-based standard. A secondary Order 12291. nonattainment area is one in which the Business Information” (CBI). Under 5 U.S.C. Section 605(b), the Information so marked will not be air quality is attaining the primary Administrator has certified that standard, but not the secondary or disclosed except in accordance with redesignations do not have a significant procedures set forth in 40 CFR Part 2. A welfare-based standard. For certain economic impact on a substantial pollutants, secondary air quality copy of the comment that does not number of small entities. (See 46 FR standards are more stringent than contain CBI must be submitted for 8709.) primary standards. inclusion in the public record. To redesignate an area, the state must This notice is issued under the Information not marked “confidential” show that there were no violations of authority of Section 107(d) of the Clean may be disclosed publicly by EPA the standards during the most recent Air Act, as amended, 42 U.S.C. 7407(d). without prior notice to the submitter. All eight consecutive quarters of ambient written comments will be available for List of Subjects in 40 CFR Part 81 air quality monitoring. Additionally, the public inspection in Rm. 236 at the address given above, from 8 a.m. to 4 state must demonstrate that the Intergovernmental relations, Air p.m., Monday through Friday, excluding reductions in pollution levels are pollution control, National parks, legal holidays. attributable to the implementation of a Wilderness areas. control strategy. FOR FURTHER INFORMATION CONTACT: On February 13,1984, the State of Dated: August 2,1984. N. Bhushan Mandava (703) 557-7700. Nebraska submitted a request for Morris Kay, SUPPLEMENTARY INFORMATION: At the redesignation of the 11th and Nicholas Regional A dministrator. request of Quaker Chemical Corp., the Streets nonattainment area in Omaha to Administrator proposes to amend 40 attainment of the primary total [FR Doc. 84-23420 Filed 9-4-84; 8:45 am] CFR 180.1001(c) by expanding the suspended particulate (TSP) standard. BILLING CODE 65S0-50-M existing exemption from the requirement Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Proposed Rules 35031

of a tolerance for a/p/?a-(p-nonylphenyl)- content from 30-80 moles to 10-80 The Office of Management and Budget omega-hydroxypolyfoxypropylene) moles, and molecular weight from 2,100- has exempted this rule from the block polymer with poly (oxyethylene) 7,100 to 1,200-7,100. requirements of section 3 of Executive (the entry appears incorrectly in the CFR Based on the above information, and Order 12291. because of a typographical error— review of its use, it has been found that, Pursuant to the requirements of the “alpha-[p-Nony\phenyl)-alpha * * *;” when used in accordance with good Regulatory Flexibility Act (Pub. L. 96- should read “a/p/?a-(p-Nonylphenyl)- agricultural practices, this ingredient is 354, 94 Stat. 1164, 5 U .S.C. 601-612), the om ega* * *”). The ingredient is listed useful and does not pose a hazard to Administrator has determined that for use as a surfactant in pesticide humans or the environment. It is regulations establishing new tolerances formulations, and the amendment would concluded, therefore, that the proposed or raising tolerance levels or expand the polyoxypropylene content establishing exemptions from tolerance from 20-60 moles to 10-00 moles, the amendment to 40 CFR Part 180 will protect the public health, and it is requirements do not have a significant polyoxyethylene content from 30-80 economic impact on a substantial moles to 10-80 moles, and the molecular proposed that the regulation be established as set forth below. number of small entities. A certification weight from 2,100-7,100 to 1,200-7,100. statement to this effect was published in Any person who has registered or A separate entry is not necessary in the Federal Register of M ay 4 ,1981 (46 order to reflect this change. submitted an application for registration FR 24950). Inert ingredients are all ingredients of a pesticide, under the Federal that are not active ingredients as Insecticide, Fungicide, and Rodenticide (Sec. 408(e), 68 Stat. 514 (21 U.S.C 346a(e))) defined in 40 CFR 162.3(c), and include, Act (FIFRA) as amended, which List of Subjects in 40 CFR Part 180 but are not limited to, the following contains this inert ingredient, may Administrative practice and types of ingredients (except when they request within 30 days after publication procedure, Agricultural commodities, have a pesticidal efficacy of their own): of this notice in the Federal Register that Pesticides and pests. Solvents such as water; baits such as this rulemaking proposal be referred to sugar, starches, and meat scraps; dust an Advisory Committee in accordance Dated: August 15,1984. carriers such as talc and clay; fillers; with section 408(e) of the Federal Food, Douglas D. Campt, wetting and spreading agents; Drug, and Cosmetic Act. Director, Registration Division, Office of „ Pesticide Programs. propellants in aerosol dispensers; and Interested persons are invited to emulsifiers. The term “inert” is not submit written comments on the intended to imply nontoxicity; the PART 180—[AMENDED] proposed regulation. Comments must ingredient may or may not be bear a notation indicating both the Therefore, it is proposed that 40 CFR chemically active. subject and the petition and document 180.1001(c) be amended by revising the Preambles to proposed rulemaking control number, “ [OPP-300095].” All entry a/p/?a-(p-Nonylphenyl)-a/p/?a- documents of this nature include the hydroxypoly(oxypropylene) block common or chemical name of the written comments filed in response to this notice of proposed rulemaking will polymer with poly(oxyethylene), to read substance under consideration, the as follows: name and address of the firm making be available for public inspection in the the request for the exemption, and Registration Support and Emergency § 180.1001 Exemptions from the toxicological and other scientific bases Response Branch at the address given requirements of a tolerance. ***** used in arriving at a conclusion of safety above from 8 a.m. to 4 p.m., Monday in support of the exemption. through Friday, except legal holidays. (C) * * * Name of inert ingredient. Alpha-[p- nonylphenyl)-omega-" Inert ingredients Limits Uses hydroxypoly(oxypropylene) block polymer with poly (oxyethylene). Name and address of requestor. •4//o/ja-(p-Nony1phenyl)-0r77e03-hydroxypoty(oxypropylene) block polymer with Surfactants, related poly(oxyethylene); polyoxypropylene content of 10-60 moles; polyoxyethylene adiuvants of Quaker Chemical Corp., Conshohocken, content of 10-80 moles; molecular weight 1,200-7,100. surfactants. PA 19428. * * Bases for approval. The parent surfactant is already cleared under 40

CFR 180.1001(c) under the general * * * . * * heading ACTION: Proposed rule; notice of public “alpha-[p-nony\phenyl)-omega- [FR Doc. 84-23198 Filed 9-4-84; 8:45 am] hydroxypoly(oxypropylene) block hearing, and reopening of comment BILLING CODE 6560-50-M polymer with poly(oxyethylene)” ; the period; correction. polyoxypropylene content is 20-60 moles; polyoxyethylene content is 30-80 SUMMARY: The Service gave notice in moles; and molecular weight is 2,100- DEPARTMENT OF THE INTERIOR the Federal Register of August 22,1984 7,100. The present clearance can be (49 FR 33296), that a public hearing amended to reflect this modest change Fish and Wildlife Service would be held in Omaha, Nebraska, on in the moles of polyoxypropylene and the proposed determination of 50 CFR Part 17 polyoxyethylene. The Agency does not endangered status for the interior least consider this change in the Endangered and Threatened Wildlife tern and that the comment period on the polyoxypropylene and polyoxyethylene and Plants; Public Hearing and proposal was reopened. In the content to be of toxicological Reopening of Comment Period on “SUPPLEMENTARY INFORMATION” significance. Accordingly, the present Proposed Endangered Status for the section, middle paragraph, the meeting entry in 40 CFR 180.1001(c) should be Interior Least Tern; Correction location of the hearing should be amended to reflect the change in changed to read the Peter Kiewit polyoxypropylene content from 20-60 a g e n c y : Fish and Wildlife Service, Conference Center, Room 102,1313 moles to 10-60 moles, polyoxyethylene Interior. Famam on the Mall, Omaha, Nebraska. 35032 Federal Register / V o l. 49, N o . 173 / W edn esd ay, Septem ber 5, 1984 / ProposedJRules

Colorado 80225 (303/234-2496). For other In the last paragraph of that section the ADDRESSES: The public hearing will be information regarding the proposed rule, date for receipt of written comments held at the Peter Kiewit Conference contact Mr. James M. Engel, Endangered should read September 25,1984. The Center, Room 102,1313 Farnam on the other sections of that notice remain as Mall, Omaha, Nebraska. Written Species Specialist, U.S. Fish and comments and materials should be sent Wildlife Service, Federal Building, Fort published. to the Regional Director, U.S. Fish and Snelling, Twin Cities, Minnesota 55111 d a t e s : The comment period was Wildlife Service, Federal Building, Fort (612/725-3276 or FTS 725-3276). reopened August 22,1984. The public Snelling, Twin Cities, Minnesota 55111. Dated: August 28,1984. hearing will be held on September 11, FOR FURTHER INFORMATION CONTACT: J. Craig Potter, 1984, from 6:30 p.m. to 10:00 p.m. in For information on the public hearing, Acting Assistant Secretary for Fish and Omaha, Nebraska. Comments on the contact Dr. James Miller, Staff Biologist, Wildlife and Parks. proposal must be received by September Endangered Species Division, U.S. Fish 25,1984. and Wildlife Service, P.O. Box 25486, [FR Doc. 84-23382 Filed 9 4-84; 8:45 am] Denver Federal Center, Denver, BILLING CODE 4310-55-M 35033

Notices Federal Register Vol. 49, No. 173

Wednesday, September 5, 1984

This section of the FEDERAL REGISTER during the meeting should contact Title: Statement by Ultimate Consignee contains documents other than rules or Fm HA in advance, if possible. It will and Purchaser proposed rules that are applicable to the also be possible at the start of the Form Numbers: Agency—ITA 629-P public. Notices of hearings and meeting to make arrangements to speak. investigations, committee meetings, agency EA R 375.2; OM B—0625-0136 decisions and rulings, delegations of Time will be available during the Type of Request: Extension of the authority, filing of petitions and meeting to informally present brief, expiration date of a currently applications and agency statements of general remarks or pose questions. approved collection organization and functions are examples Additionally, a 30-day period for the Burden: 40,000 respondents; 20,000 of documents appearing in this section. submission of written comments will reporting hours follow the meeting. Needs and Uses: Information provided Dated: August 30,1984. by exporters on this form is used by DEPARTMENT OF AGRICULTURE Michael E. Brunner, licensing personnel in the Office of Associate Administrator, Farmers Home Export Administration as a basis for Farmers Home Administration Administration. approving or rejecting applications for [FR Doc. 84-23404 Filed 9-4-84; 8:45 am] export licenses Natural Resource Management Guide BILUNG CODE 3410-07-M Affected Public: Businesses or other for- Meeting profit organizations, small businesses AGENCY: Farmers Home Administration, or organizations USDA. DEPARTMENT OF COMMERCE Frequency: On occasion Respondent’s Obligation: Required to a c t io n : Notice of meeting. Agency Forms Under Review by the obtain or retain a benefit Office of Management and Budget SUMMARY: The Farmers Home (OMB) OMB Desk Officer: Sheri Fox, 395-3785 Administration (FmHA) State Office Agency: International Trade located in Stillwater, Oklahoma, is D O C has submitted to OM B for Administration announcing a public information clearance the following proposals for Title: Swedish Consignee’s Letter of meeting-to discuss its draft Natural collection of information under the Assurance Resource Management Guide. provisions of the Paperwork Reduction Form Numbers: Agency—EAR 372.5; DATES: Meeting on September 6,1984, Act (44 U.S.C. Chapter 35). OM B—0625-0142 2:00 p.m. to 4:00 p.m. Agency: International Trade Type of Request: Extension of the Comments must be Received no later Administration expiration date of a currently than October 6,1984. Title: Statement by Foreign Importer on approved collection ADDRESSES: Meeting location at FmHA Vessel Repair Parts • Burden: 125 respondents; 63 reporting Conference Room, Agricultural Center Form Numbers: Agency—ITA 686-P hours Building, Stillwater, Oklahoma. EA R 373.8; OM B 0625-0137 Needs and Uses: Under this procedure, Written Comments and Further Type of Request: Extension of the the U.S. exporter requests his Swedish Information W ill Be Addressed to: Larry expiration date of a currently customers to voluntarily submit a E. Stephenson, State Director, Farmers approved collection letter affirming that they will not Home Administration, Agricultural Burden: 50 respondents; 13 reporting Center Building, Stillwater, Oklahoma hours knowingly divert U .S. imports 74074 (405/624-4329). Needs and Uses: The Aircraft and contrary to U .S. law. When the letter All written comments will be Vessel Repair Station Procedures is available, licensing proceeds on a available for public inspection during provides a blanket approval for more prompt basis. If the letter is not regular work hours at the above supplying U.S. origin commodities to submitted, a Form—629P (Statement address. aircraft and vessels of friendly by Ultimate Consignee and Purchaser) SUPPLEMENTARY INFORMATION: Fm HA’s countries. If the application is is required for each export transaction Oklahoma State Office has prepared a approved, the foreign importer will authorized by the issuance of a draft Natural Resource Management not be required to send the usual validated export license Guide. The Guide is a brief document documents to his U.S. exporter such Affected Public: Businesses or other for- describing the major environmental as an Import Certificate, Consignee profit organizations, small businesses standards and review requirements that Purchaser Certificate, etc. Also, the or organizations have been promulgated at the Federal U.S. exporter will not be requested to Frequency: On occasion and State levels and that affect the submit these documents Respondent’s Obligation: Required to financing of Fm HA activities in Affected Public: Businesses or other for- obtain or retain a benefit Oklahoma. The purpose of the meeting profit organizations, small businesses OMB Desk Officer: Sheri Fox, 395-3785 is to discusss the Guide as well as to or organizations Agency: International Trade consider comments and questions from Frequency: On occasion Administration interested parties. Copies of the Guide Respondent’s Obligation: Required to Title: Statement by Foreign Consignee in can be obtained by writing or obtain or retain a benefit Support of Special License telephoning the above contract. OMB Desk Officer: Sheri Fox, 395-3785 Application Any person or organization desiring to Agency: International Trade Form Numbers: Agency—ITA 6052-P present formal comments or remarks Administration OM B—0625-0135 35034 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices

Type of Request: Extension of the justified in granting an exception to a c t io n : Notice. ______expiration date of a currently the requirement that an exporter have s u m m a r y : We preliminarily determine approved collection a definite order before an export that certain large diameter carbon steel Burden: 5,000 respondents; 2,500 license is granted. welded pipes from Brazil are being, or reporting hours Affected Public: Businesses or other for- are likely to be, sold in the United States Needs and Uses: When shipping profit organizations, small businesses at less than fair value, and that "critical commodities to certain overseas or organizations circumstances” do not exist in this case. destinations, three special license Frequency: On occasion We have notified the United States procedures require foreign consignees Respondent’s Obligation: Required to International Trade Commission (ITC) of U.S. exporters to provide certain obtain or retain a benefit OMB Desk Officer: Sheri Fox, 395-3785 of our determination. W e have directed information. The information is used in determining whether or not the U.S. Agency: National Oceanic and the U .S. Customs Service to suspend exporter is eligible to participate in Atmospheric Administration liquidation of all entries of the subject the special licensing procedures— Title: Capital Construction Fund merchandise, and to require a cash Project Distribution, and Services Deposit/Withdrawal Report deposit or the posting of a bond for each Form Numbers: Agency—NO AA 34-82; such entry in an amount equal to the Supply OMB—0648-0041 Affected Public: Businesses or other for- estimated dumping margin as described Type of Request: Reinstatement of a profit organizations, small businesses in the “Suspension of Liquidation” previously approved collection for or organizations section of this notice. which approval has expired Frequency: On occasion If this investigation proceeds Burden: 3,100 respondents; 775 reporting Respondent’s Obligation: Required to normally, we will make our final hours determination by November 12,1984. obtain or retain a benefit Needs and Uses: The Fishing Vessel OMB Desk Officer: Sheri Fox, 395-3785 Capital Construction Fund program is EFFECTIVE DATE: September 5,1984. Agency: International Trade a tax deferral program which allows FOR FURTHER INFORMATION CONTACT: Administration participating fishermen to defer the Paul Aceto, Office of Invesitgations, Title: Clearance of U.S. Exports tax on vessel income. This form is Import Administration, International Form Numbers: Agency—EAR 386.2(d) used to provide for an accounting of Trade Administration, U.S. Department EAR 386.3(j); OMB—0625-0051 respondent’s deposit/withdrawal of Commerce, 14th Street and Type of Request: Extension of the activity. It is used to check for Constitution Avenue, NW., Washington, compliance with codified limitations expiration date of a currently D .C. 20230; telephone: (202) 377-3534. approved collection and requirements of the program. Burden: 200,000 respondents; 53,333 Affected Public: Businesses or other for- SUPPLEMENTARY INFORMATION: profit organizations, small businesses reporting hours Preliminary Determination Needs and Uses: In order to ensure or organizations compliance with the Export Frequency: Annually W e preliminarily determine that there Administration Regulations, the Office Respondent’s Obligation: Required to is a reasonable basis to believe or of Export Administration requires that obtain or retain a benefit suspect that certain large diameter shipping information be entered on OMB Desk Officer: Sheri Fox, 395-3785 carbon steel welded pipes (large the reverse of each export license and Copies of the above information diameter pipes) from Brazil are being, or on the Shipper’s Export Declarations. collection proposals can be obtained by are likely to be, sold in the United States The information is used to determine calling or writing DOC Clearance at less than fair value, as provided in when unauthorized shipments have Officer, Edward Michals (202) 377-4217, section 733 of the Tariff Act of 1930, as been made Department of Commerce, Room 6622, amended (19 U.S.C. 1673b) (the Act). We Affected Public: Businesses or other for- 14th and Constitution Avenue, N.W., also determine that “critical profit organizations, small businesses Washington, D.C. 20230. circumstances” do not exist in this case. or organizations Written comments and We found that the foreign market Frequency: On occasion recommendations for the proposed value of large diameter pipes from Brazil Respondent's Obligation: Required to information collection should be sent to exceeded the United States price on 33 obtain or retain a benefit the OMB Desk Officer, Room 3235, New percent of the U.S. sales compared. The OMB Desk Officer: Sheri Fox, 395-3785 Executive Office Building, Washington, weighted-average margin is 2.67 percent. D .C .20203. Agency: International Trade If this investigation proceeds Administration Dated: August 29,1984. normally, we will make our final Title: Exception to Requirement of Order Edward Michals, determination by November 12,1984. Departmental Clearance Officer. Party Signature Case History . Form Numbers: Agency—EAR 372.6(c); [FR Doc. 84-23409 Filed 9-4-84; 8:45 am] OMB—0625-0024 BILLING CODE 3510-CW-M On March 21,1984, we received a Type of Request: Extension of the petition from Berg Steel Pipe expiration date of a currently Corporation on behalf of the U.S. approved collection International Trade Administration industry producing large diameter pipes. Burden: 12 respondents; 3 reporting [A-351-401] In accordance with the filing hours requirements of § 353.36 of our Needs and Uses: When a definite Order Preliminary Determination of Sales at regulations (19 CFR 353.36), the petition for export has not been received for a Less Than Fair Value; Certain Large alleged that imports of large diameter shipment, an applicant for an export Diameter Carbon Steel Welded Pipes pipes from Brazil are being, or are likely license may request a waiver of the From Brazil to be, sold in the United States at less order requirement. The information than fair value within the meaning of AGENCY: International Trade provided is used to decide whether or section 731 of the Act, and that these Administration, Import Administration, not the Department of Commerce is imports are materially injuring, or Commerce. Federal^ Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices 35035

threaten material injury to, a United Carbon Steel Welded Pipes” of circular from Brazilian cruzeiros to United States States industry. The allegation of sales cross section, with an outside diameter dollars in accordance with § 353.56(a)(1) at less than fair value included an greater than 16 inches, not suitable for of the Commerce Regulations using the allegation that home market sales are use in boilers, superheaters, heat certified daily exchange rates. W e made being made at less than the cost of exchangers, condensers, and feedwater adjustments, where appropriate, for production in Brazil. Also, “ critical heaters and not cold drawn. A t the time credit expenses in accordance with circumstances” were alleged under this case was initiated, this merchandise section 733(e) of the Act. § 353.15 of the Commerce Regulations. was provided for in items number An adjustment was also made, where After reviewing the petition, we 610.3211 and 610.3251 of the T a riff determined that it contained sufficient appropriate, for the difference between Schedules of the United States commissions on sales to the United grounds to initiate an antidumping Annotated (TSUSA). In April 1984, the investigation. W e also undertook to States and indirect selling expenses in T SU SA numbers were changed. Item the home market, in accordance with determine whether “critical number 610.3211 is now items number circumstances” exist in this case. Since I 353.15(c) of the Commerce 610.3212 and 610.3213. Item numbers Regulations. petitioner provided no home market or 610.3251 is now items number 610.3262 The following claims for adjustments third country prices to support its and 610.3264. This merchandise includes were disallowed. Confab claimed a allegation of home market sales at less American Petroleum Institute (A.P.I.) "short-run adjustment” , which it stated than cost of production, we decided at and non-A.P.I. line pipe, but does not would adjust for the increased prices the time of initiation not to investigate include A.P.I. nor non-A.P.I. welded resulting from additional start-up and re­ this allegation. W e notified the ITC of carbon steel oil well casing. tooling costs it incurs on small quantity our action and initiated the investigation This investigation covers the period on April 10,1984 (49 F R 15248). On May from July 1,1983, to March 31,1984. orders. In addition, Confab claimed 7.1984, we were informed by the ITC Confab Industrial S.A . is the only known adjustments for differences in grades of that there is a reasonable indication that Brazilian producer who exports the steel and product dimensions between imports of large diameter pipes are subject merchandise to the United the products sold in the United States materially injuring a United States States. We examined over 50 percent of and in the home market. These industry. the dollar volume of United States sales adjustments were disallowed because A questionnaire was presented to made during the period of investigation. the company has not provided sufficient Confab Industrial S.A . (Confab) on April information supporting the bases for the 16.1984, and we received a response on Fair Value Comparisons claims. Confab also claimed June 1,1984. On June 8, June 11, and To determine whether sales of the circumstance of sale adjustments for August 10,1984, we received Confab’s subject merchandise in the United pricing premiums charged to state- revised responses. During the week of States were made at less than fair value, owned enterprises to compensate for: (1) July 9,1984, verification of Confab’s we compared the United States price Decree Law 2037, which limits Confab’s response was conducted.in Sao Paulo, with the foreign market value. price adjustments to 95 percent of the Brazil. inflation rate, (2) “escalation losses” On August 13,1984, petitioner again United States Price resulting from the time limits imposed alleged that the merchandise under A s provided in section 772(b) of the by the government on calculating price investigation was being sold in the home Act, we used the purchase price of the adjustments, and (3) “penalty losses” market at less than the cost of subject merchandise to represent the resulting from the additional penalties production. This new allegation was United States price because the the government may charge Confab for supported by actual prices charged by merchandise was sold to unrelated late deliveries. These premiums appear Confab to its home market customers. purchasers prior to its importation into to constitute increases in revenue to We determined that an investigation of United States. We calculated the Confab with no evidence of directly this allegation was warranted, and on purchase price based on the CIF or CIF related corresponding costs. Therefore, August 24,1984, we presented a cost of duty paid price to United States we have determined that adjustments production questionnaire to Confab. purchasers. We made deductions, where for these differences in circumstances of Since the allegation of sales at less than appropriate, for brokerage and handling sale are not appropriate. the cost of production was received less charges, foreign inland freight, inland If additional verifiable information than two weeks prior to the preliminary and marine insurance, ocean freight, and regarding the disallowed adjustments is determination, we had insufficient time U.S. customs duties. We also accounted provided, it will be considered for in which to obtain and analyze Confab’s for taxes imposed in Brazil which were purposes of our final determination. response to our questionnaire. That not collected by reason of the Verification information will be considered for exportation of the merchandise to the purposes of our final determination. United States. As provided in section 776(a) of the Petitioner also requested that the Foreign Market Value Act, we will verify all data used in Department extend the date of its reaching the final determination. preliminary determination. Since In accordance with section 773(a)(1) petitioner’s request was filed less than of the Act, we used home market prices Negative Preliminary Determination of 25 days before the preliminary to determine foreign market value. The Critical Circumstances determination would otherwise be due, home market prices were based on ex­ Petitioner alleged that imports of large the extension was not granted pursuant factory prices to unrelated home market diameter pipes present “critical 733(c) of the Act and to section purchasers. We made comparisons of circumstances”. Under section 733(e) of § 353.39(b) of the Commerce “such or similar” merchandise based on the Act, critical circumstances exist Regulations. product categories selected by when the Department has a reasonable Scope of Investigation Commerce Department industry experts basis to believe or suspect that: (l)(a) in accordance with section 771(16)(B) of There is a history of dumping in the The merchandise covered by this the Act. In calculating foreign market United States or elsewhere of the class investigation is “Certain Large Diameter value, we made currency conversions or kind of the merchandise which is the 35036 Federal Register / Vol 49, No. 173 / Wednesday, September 5, 1984 / Notices subject of the investigation, or (b) the liquidation will remain in effect until CONSUMER PRODUCT SAFETY person by whom, or for whose account, further notice. The weighted-average COMMISSION the merchandise was imported knew or margin is 2.67 percent. should have known that the exporter Notification of Proposed Collection of ITC Notification was selling the merchandise which is information the subject of the investigation at less In accordance with section 733(f) of AGENCY: Consumer Product Safety than fair value, and (2) there have been the Act, we will notify the ITC of our Commission. massive imports of the class or kind of determination. In addition, we are the merchandise which is the subject of making available to the ITC all non- ACTION: Notice. the investigation over a relatively short privileged and non-confidential SUMMARY: In accordance with the period. In preliminarily determining information relating to this Paperwork Reduction Act of 1981 (44 whether there is a history of dumping of investigation. We will allow the ITC U .S.C . 3501 et seq .), the Consumer large diameter pipes from Brazil in the access to all privileged and confidential Product Safety Commission has United States or elsewhere, we information in our files, provided the submitted to the Office of Management reviewed past anitdumping findings of ITC confirms that it will not disclose and Budget a request for approval of a the Department of the Treasury as well such information, either publicly or proposed collection of information in the as past Department of Commerce under an administrative protective form of a Compliance Program for the antidumping duty orders. We found no order, without the written consent of the Architectural Glazing Standard, with a past antidumping determinations on Deputy Assistant Secretary for Import requested expiration date of September large diameter pipes from Brazil which Administration. 30,1985. covered the class or kind of The ITC will determine whether these The purpose of this program is to merchandise which is the subject of this imports are materially injuring, or determine compliance with the investigation. We also reviewed the threaten material injury to, a U.S. antidumping actions of other countries requirements of the Safety Standard for industry, before the later of 120 days Architectural Glazing Materials (16 CFR and found no evidence of prior dumping after the Department makes its Part 1201) by manufacturers and of the merchandise under investigation preliminary affirmative determination or fabricators of the architectual products in those countries. 45 days after the Department makes which are subject to that standard. We then considered whether the final affirmative determination. person by whom, or for whose account, The standard is intended to reduce or this product was imported knew or Public Comment eliminate unreasonable risks of injury should have known that the exporters associated with accidental human- In accordance with § 353.47 of the were selling this product at less than fair impact breakage of glazing materials Commerce Department Regulations, if value. It is the Department’s position used in doors, storm doors, bathtub requested, we will hold a public hearing that this test is met where margins doors and enclosures, shower doors and to afford interested parties an calculated on the ba§is of responses to enclosures, and sliding glass (patio) opportunity to comment on this the Department’s questionnaire are doors. The standard prescribes preliminary determination at 10:00 a.m. sufficiently large that the importer knew performance requirements for glazing on October 3,1984 at the United States or should have known that prices for materials used in those products to Department of Commerce, Conference sales to the United States (as adjusted assure that the glazing materials either Room 3708,14th Street and Constitution according to the antidumping law) were will not break if impacted with a Avenue, NW., Washington, D.C. 20230. significantly below home market sales specified energy, or will break with Individuals who wish to participate in prices. Given the size of the margin characteristics which are less likely to the hearing must submit a request to the found for this preliminary present an unreasonable risk of injury. Deputy Assistant Secretary for Import determination, we do not have reason to The compliance program will be Administration, Room 3099B, at the believe or suspect that the importer conducted by investigators from the above address within 10 days of this knew or should have known that this Commission's field staff, who will notice’s publication. Requests should product was sold at less than fair value. inspect firms which manufacture or contain: (1) The party’s name, address, Therefore, we preliminarily determine fabricate the five products subject to the and telephone number; (2) the number of that “ critical circumstances” do not architectural glazing standard at a plant participants; (3) the reason for attending; exist with respect ta large diameter or factory, or by on-site installation of and (4) a list of the issues to be pipes from Brazil. new or replacement glazing. The discussed. In addition, prehearing briefs investigators will inspect manufacturing Suspension of Liquidation in at least 10 copies must be submitted establishments, examine records, to the Deputy Assistant Secretary by In accordance with section 733(d) of question employees of the firms, and the Act, we are directing the U.S. September 26,1984. Oral presentations observe manufacturing operations. Customs Service to suspend liquidation will be limited to issues raised in the Information about the Proposed of all entries of large diameter pipes briefs. All written views should be filed Collection of Information from Brazil. This suspension of in accordance with 19 CFR 353.46, liquidation applies to all merchandise within 30 days of this notice’s Agency address: Consumer Product entered, or withdrawn from warehouse, publication, at the above address and in Safety Commission, 111118th Street, for consumption, on or after the date of at least 10 copies. NW., Washington, D.C. 20207. publication of this notice in the Federal Title of information collection: Register. The U.S. Customs Service shall Dated: August 28,1984. Compliance Program—Architectural require a cash deposit or the posting of a C . Christopher Parliri, Glazing Materials. bond equal to the estimated weighted- Type of request: Approval of new Acting Deputy Assistant Secretary for Import plan. average margin amount by which the Administration. foreign market value of the merchandise Frequency of collection: Once a year. subject to this investigation exceeds the |FR Doc. 84-23408 Filed 9-4-84; 8:45 am] General description of respondents: United States price. The suspension of BILUNG CODE 3510-DS-M Firms which manufacture or fabricate Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices 35037 doors, storm doors, bathtub doors and Dated: August 30,1984. Place: Army Research Institute for the enclosures, shower doors and Patricia Means, Behavioral and Social Sciences, Alexandria, enclosures, and sliding glass (patio) OSD Federal Register Liaison Officer, Virginia. doors at a plant or factory, or on-site by Washington Headquarters Services, Agenda: The Cohesion and the Army installation of new or replacement Department o f Defense. Family Subpanel of the ASB Ad Hoc glazing. Subgroup of Soldier Research Issues will [FR Doc. 84-23448 Filed 9-4-84; 8:45 am] meet for briefings and discussions reviewing Estimated number of respondents: BILLING CODE 3810-01-M the existing research program and plan for 200. the next 2-3 years. This meeting is open to Estimated average number of hours the public. Any interested person may attend, per response: 3. Department of the Air Force appear before, or file statements with the . Comments: Comments on this committee at the time and in the manner Performance Review Boards; List of proposed collection of information permitted by the committee. The ASB Members Administrative Officer, Sally Warner, may be should be addressed to Andy Valez contacted for further information at (202) 695- Rivera, Desk Officer, Office of Below is a listing of an additional 3039/7046. Information and Regulatory Affairs, individual who is eligible to serve on the Sally A. Warner, Office of Management and Budget, Performance Review Boards for the Administrative Officer, Army Science Board. Washington, D.C. 20503; telephone (202) Department of the Air Force in 395-7313, not later than September 20, accordance with the Air Force Senior [FR Doc. 84-23446 Filed 9-4-84; 8:45 am] 1984. Copies of the proposed collection Executive Appraisal and Award System. BILLING CODE 3710-08-M of information are available from O thers Francine Shacter, Office of Budget, Army Science Board; Open Meeting Planning and Program Evaluation, BG Kenneth R. Johnson. Consumer Product Saftey Commission, Harry C. Waters, In accordance with section 10(a)(2) of Washington, D .C. 20207; telephone (301) A1ternate A ir Force, Federal Register Liaison the Federal Advisory Committee Act 492-6529. Officer. (Pub. L. 92-463), announcement is made This is not a proposal to which 44 [FR Doc. 84-23440 Filed 9-4-84; 8:45 am] of the following Committee Meeting: U.S.C. 3504(h) is applicable. BILLING CODE 3910-01-M Name of the Committee: Army Science Dated: August 30,1984. Board (ASB). USAF Scientific Advisory Board; Sadye E. Dunn, Date of Meeting: Thursday, October 25, Meeting 1984. Secretary, Consumer Product Safety Time: 1300-1600 hours (Open). Commission. August 23,1984. Place: The Pentagon, Washington, D.C. |FR Doc. 84-23437 Filed 9-4-84; 8:45 am] The USAF Scientific Advisory Board Agenda: The ASB Chairman, Vice BILLING CODE 6355-01-M Ad Hoc Committee on Options for Chairman, and the Chairs of the Ad Hoc Attack of Strategic Relocatable Targets Subgroups on AVRADA (Avionics Research will meet in the Pentagon on September and Development. Activity) and TACOM 24 and 25,1984 from 8:30 a.m. to 5:00 (U.S. Army Tank Automotive Command) DEPARTMENT OF DEFENSE Effectiveness Reviews will meet for p.m. both days. The committee will meet discussions on lessons learned during the Office of the Secretary to consider ways in which existing and conduct of these two studies on improving programmed systems may be effectively Army laboratories. This meeting is open to Department of Defense Retirement applied to attack of mobile ballistic the public. Any interested person may attend, Board of Actuaries; Meeting missiles. The briefings and discussions appear before, or file statements with the will be classified and closed to the committee at the time and in the manner a g e n c y : Department of Defense public in accordance with section permitted by the committee. The ASB Retirement Board of Actuaries. 552b(c) of Title 5, United States Code, Administrative Officer, Sally Warner, may be a c t io n : Notice of meeting. specifically subparagraph (1) thereof. contacted for further information at (202) 695- 3039/7046 For further information, contact the s u m m a r y : Department of Defense Scientific Advisory Board Secretariat at Sally A. Warner, Retirement Board of Actuaries will meet (202) 697-4811. Administrative Officer, Army Science Board. in open session September 19 and 20, Harry C. Waters, [FR Doc. 84-23447 Filed 9-4-84; 8:45 am] 1984, at the Defense Logistics Agency Alternate Air Force, Federal Register Liaison BILLING CODE 3710-08-M Auditorium, Building 3 (3B105), Cameron Officer. Station, Alexandria, V A , 22314. The meeting will begin at 9:30 a.m. [FR Doc. 84-23441 Filed 9-4-84; 8:45 am] BILLING CODE 3910-01-M DEPARTMENT OF EDUCATION The mission of the Board is to make acturial determinations concerning the Applications for Review Accepted for DOD Military Retirement Fund. Department of the Army Hearing by Education Appeal Board A meeting of the Board has b§en scheduled for September 19 and 20,1984 Army Science Board; Open Meeting a g e n c y : Department of Education. to implement the provisions of chapter a c t io n : Notice of Applications for 74, title 10, United States Code (10 In accordance with section i0(a)(2) of Review Accepted for Hearing by U.S.C. 1461 et. seq.). The Board shall the Federal Advisory Committee Act Education Appeal Board. review DOD actuarial methods and (Pub. L. 92-463), announcement is made assumptions to be used in the valuation of the following Committee Meeting: s u m m a r y : This notice lists the of the military retirement system. Name of the Committee: Army Science applications for review transferred to Board (ASB). the Education Appeal Board from the FOR FURTHER information c o n t a c t : Date of Meeting: Monday and Tuesday, Health, Education, and Welfare (HEW) Toni Hustead, Executive Secretary, (202) September 24 and 25,1984. Grant Appeals Board and accepted for 696-5869. Time: 0900-1700 hours, both days (Open). hearing by the Education Appeal Board. 35038 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices

FOR FURTHER INFORMATION CONTACT: Director of the Grant and Procurement Federation contests $2,916.75 of the Dr. David S. Pollen, Chairman, Management Division. The underlying audit exception and accedes to the Education Appeal Board, 400 Maryland audit reviewed Federal grants to the disallowance of the remaining $353.17. Avenue, SW ., (Room 1065, FOB-6), University for the period July 1,1973, Intervention Washington, D.C. 20202. Telephone: through June 30,1976. (202) 245-7835. The Acting Director requested a Section 78.43 of the final regulations SUPPLEMENTARY INFORMATION: Under refund of drawdowns from the letter of establishing procedures for the sections 451 through 454 of the General credit for overexpenditures. Costs for Education Appeal Board provides that Education Provisions Act (20 U.S.C. 1234 salaries and personal service an interested person, group, or agency, et seq.), the Education Appeal Board has agreements were disallowed. Cost may upon application to the Board authority to conduct (1) audit appeal transfers were also disallowed because Chairman, intervene in appeals before hearings, (2) withholding, termination, such transfers were expressly prohibited the Education Appeal Board, including and cease and desist hearings initiated by the terms of the grant. the above appeals. by the Secretary of Education, and (3) The Department of Education seeks a An application to intervene must other proceedings designated by the refund of $63,933. Appeal of Robeson indicate to the satisfaction of the Board Secretary as being within the County Board of Education, Docket No. Chairman or, as appropriate, the Panel 79-61, A C N 04-80102. jurisdiction of the Board. Chairperson, that the potential Robeson County Board of Education, The Secretary has designated the intervenor has an interest in, and Lumberton, North Carolina, appealed a Board as having jurisdiction over appeal information relevant to, the specific final audit determination made by the proceedings related to final audit issues raised in the appeal. If an Deputy Commissioner of the Office of determinations, the withholding or application to intervene is approved, the Indian Education. The audit reviewed termination of funds, and cease and intervenor becomes a party to the Robeson’s Indian Education Act Project desist actions for most programs proceedings. for fiscal years 1974 through 1976. administered by the Department of Costs were disallowed because These applications to intervene, or Education (ED). The Secretary also has Robeson allegedly supplanted State and questions, should be addressed to Dr. designated the Board as having local funds, activities allegedly were not David S. Pollen, Chairman, Education jurisdiction to conduct hearings approved by the parents’ committee, Appeal Board, 400 Maryland Avenue, concerning most ED administered activities allegedly were not related to SW . (Room 1065, FOB-6), Washington, programs that involve a determination the special educational needs of Indian D.C. 20202. Telephone: (202) 245-7835. that a grant is void, the disapproval of a children, and costs allegedly were not (Catalog of Federal Domestic Assistance No. request for permission to incur an supported with adequate not applicable) expenditure during the term of a grant, documentation. (20 U.S.C. 1234) or determinations regarding cost The Department of Education seeks a Dated: August 30,1984. allocation plans or special rates refund of $209,991. Appeal of the A. Wayne Roberts, negotiated with specified grantees. Final Research Foundation of the City Deputy Under Secretary, Intergovernmental regulations governing Board jurisdiction Univerity of New York, Docket No. 79- and procedures were published in the and Interagency Affairs. 91, A C N 02-67011. [FR Doc, 84-23456 Filed 9-4-84; 8:45 am] Federal Register on May 18,1981 (46 FR The Research Foundation of the City BILUNG CODE 4000-01-M 27304), 34 CFR Part 78. University of New York requested Applications Accepted review of a final audit determination of the Director of the Grant and The following cases previously Procurement Management Division. The DEPARTMENT OF ENERGY appealed to the HEW Grant Appeals audit reviewed grants under the TRIO Comments on Draft Mission Plan for Board have been accepted for hearing program for fiscal years 1973 and 1974. by the Education Appeal Board: A ppeal Expense transfers among grants were the Civilian Radioactive Waste ofD -Q University, Docket No. 78-10, disallowed because such transfers Management Progran A C N 09-65171. allegedly violated the terms of the grant. D-Q University, Davis, California, AGENCY: Office of Civilian Radioactive The Department of Education seeks a Waste Management, DOE. appealed a final audit determination refund of $22,626. Appeal of the Alaska made by the Acting Deputy Director for Federation of Natives, Incorporated, a c t io n : Notice of Availability of Operations, Grant and Procurement Docket No. 79-95 A C N 10-85300. Comments on the Draft Mission Plan. Management Division. The underlying The Alaska Federation of Natives, s u m m a r y : The purpose of this notice is audit reviewed several Federal Incorporated, Anchorage, Alaska, to announce that the commenls received programs at the University for fiscal appealed a final audit determination by by die Department of Energy on the years 1974 and 1975. the Director of the Grant and draft Mission Plan are available for The Acting Deputy Director Procurement Management Division. The public inspection. disallowed costs for salaries, fringe underlying audit reviewed the TRIO benefits, travel, and consultants because program for fiscal year 1977. Nearly 100 sets of comments were of allegedly inadequate documentation. Costs for tutoring services and received from various individuals and D -Q was also directed to return stipends were disallowed because the organizations including State unexpended funds. documentation of the costs was representatives, Indian Tribes, Federal The Department of Education seeks a allegedly inadequate. Indirect costs agencies, industry, utilities and citizen refund of $49,519. Appeal of the which exceeded eight percent were organizations. University o f Northern Colorado, disallowed. Travel expenses claimed as d a t e : Copies of the comments received Docket No. 78-157, A C N 08-77001. a direct cost rather than an indirect cost will be available on September 5,1984, The University of Northern Colorado, were also disallowed. for inspection at the D O E Public Greeley, Colorado, appealed a final The Department of Education seeks a Reading Rooms, Operations Offices and audit determination by the Acting refund of $3,269,92. The Alaska Information Offices, specified below, at V

Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices 35039 the indicated times Monday through Richland Operations Office, Hanford 1. Submit a draft Mission Plan to the Friday, except Federal holidays. Science Center—Rockwell Hanford States, the affected Indian Tribes, the ADDRESSES: Operations, 825 Jadwin Avenue, Fed. Nuclear Regulatory Commission, and DOE Public Reading Room, Forrestal Bldg., Richland, Washington 99352, other Government agencies as the Building, Room 1F-090,1000 9:00 a.m.-5:00 p.m., (509) 376-6374 Secretary deems appropriate for their Independence Avenue SW M Southeastern Power Administration, comments, and Washington, D .C. 20585, 8:00 a.m.-4:30 Samuel Elbert Building, Public Square, 2. Upon receipt of any comments of Elberton, Georgia 30635, 8:00 a.m.-5:00 p.m., (202) 252-6020 such agencies, publish a notice in the p.m., (404) 283-3261 U.S Department of Energy, New York Federal Register of the availability of Southwestern Power Administration, Support Office, 26 Federal Plaza, the comments for public inspection. Room 3437, New York, New York 333 W . 4th Street, Room 3408, Tulsa, The draft Mission Plan was completed 10278, 8:30 a.m.-5:00 p.m. (212) 264- Oklahoma 74101, 7:45 a.m.-4:30 p.m., 1021 (918) 581-7426 in April 1984 and distributed for review and comment. The availability of the U.S. Department of Energy, Boston U.S. Department of Energy, Idaho Support Office, Room 1002,150 Operations Office, 550 2nd Street Hqs. draft Mission Plan was announced in Causeway Street, Boston, 173, Idaho Falls, Idaho 83401, 8:00 the Federal Register (49 F R 19696) on May 9,1984. Massachusetts 02114, 8:30 a.m.-5:30 a.m.-5:00 p.m., (208) 526-0271 p.m., (617) 223-5207 U.S. Department of Energy, Oak Ridge The Department will address the U.S. Department of Energy, Kansas City Operations Office, Federal Building, major areas of concern in the comments Support Office, 324 East Eleventh Room G-208, 200 Administration and publish a detailed statement in a Street, Kansas City, Missouri 64106, Road, Oak Ridge, Tennessee 37830 separate Comment Response Document. 7:45 a.m.-4:30 p.m., (816) 374-5533 U.S. Department of Energy, National The availability of the Comment U.S. Department of Energy, Philadelphia Waste Terminal Storage Program Response Document will be announced Support Office, 1421 Cherry Street, Office, 1375 Perry Street, Room 13-4- in a future Federal Register Notice. 127, Columbus, Ohio 43201, 8:00 a.m .- 10th Floor, Philadelphia, Pennsylvania Issued in Washington, D.C., August 28, 19102, 8:00 a.m.-4:30 p.m., (215) 597- 5:00 p.m. (614) 424-7697 1984. Richton Nuclear Waste Information 9067 Robert H. Bauer, Office, 103 Dogwood Avenue, Richton, U.S. Department of Energy, Atlanta Acting Director, Civilian Radioactive Waste Support Office, 1655 Peachtree NE., Mississippi 39476, 8:00 a.m.-5:00 p.m. Management. 8th Floor, Atlanta, Georgia 30309, 7:30 Thu. and Sat. 5:00-9:00 p.m. Mon. and [FR Doc. 84-23463 Filed 9-4-84; 8:45 am] a.m.-5:30 p.m., (404) 881-2837 Tue. (601) 788-6948 BILLING CODE 6450-01-M U.S. Department of Energy, Chicago Minden Nuclear Waste Information Operations Office, Office of Office, 221 Main Street, Minden, Communications, 9800 South Cass Louisiana 71055,11:00 a.m.-3:00 p.m., Avenue, Argonne, Illinois 60439, (312) (318) 371-0369 ENVIRONMENTAL PROTECTION 972-2010. Must call and make U.S. Department of Energy, Savannah AGENCY arrangements for review River Operations Office, 211 York U.S. Department of Energy, Dallas Street, NE., Federal Building, Aiken, [OPP-50623; FRL-2662-6 ] Support Office, Room 227, 2626 West South Carolina 29801 Issuance of Experimental Use Permits Mockingbird Lane, Dallas, Texas Moab Nuclear Waste Information 75235, 7:30 a.m.-5:30 p.m., (214) 767- Office, 471 South Main Street No. 3, Moab, Utah 84532, 8:00 a.m.-2:00 p.m., AGENCY: Environmental Protection 7741 Agency (EPA). U.S. Department of Energy, Nevada Tue. through Fri. (801) 259-8727 a c t io n : Notice. Operations Office, Public Document Monticello Nuclear Waste Information Room, 2753 South Highland Drive, Las Office, 117 South Main Street, Room Su m m a r y : EPA has granted Vegas, Nevada 89114-4100, 7:30 a.m .- 12, Monticello, Utah 84535, 8:00 a.m .- experimental use permits to the 4:30 p.m., (702) 295-3521 12:00, (801) 587-2231, Ext. 28 following applicants. These permits are Western Area Power Administration, FOR FURTHER INFORMATION CONTACT: in accordance with, and subject to, the 1627 Cole Boulevard, Western Hqs. Victor W. Trebules, Policy Division, provisions of 40 CFR Part 172, which Reading Room, Bldg, 18, Golden, Office of Radioactive Waste defines EPA procedures with respect to Colorado 80401, 8:00 a.m.-4:00 p.m., Management, U.S. Department of the use of pesticides for experimental (303) 231-1557 Energy, Washington, D.C. 20585, purposes. U.S. Department of Energy, Denver Area Telephone (202) 252-5392. Office, 1075 South Yukon Street, Room SUPPLEMENTARY INFORMATION: The FOR FURTHER INFORMATION CONTACT: 203, Lakewood, Colorado 80226, U.S. Nuclear Waste Policy Act of 1982, Pub. By mail, the product manager cited in Department of Energy, 7:30 a.m.-4:00 L. 97-425, (Act) was signed by the each experimental use permit at the p m., (303) 236-2000 President on January 7,1983. Section 301 address below: Registration Division U.S. Department of Energy, San of this Act requires the Secretary of (TS-767C), Office of Pesticide Programs, Francisco Operations Office, 1333 Energy to prepare a comprehensive Environmental Protection Agency, 401 M Broadway, Wells Fargo Bldg., Reading report know as the Mission Plan. The St., SW., Washington, D.C. 20460. Room, Room 240, Oakland, California purpose of this report is to “provide an In person or by telephone: Contact the 94612, 8:30 a.m.-4:00 p.m., (415) 273- informational basis sufficent to permit product manager at the following 4358 '. ; f ..informed decisions to be made in address at the office location or U.S. Department of Energy, Albuquerque carrying out the repository program and telephone number cited in each Operations Office, Kirkland Air Force the research, development, and experimental use permit: 1921 Jefferson Base, National Atomic Museum demonstration programs required under Davis Highway, Arlington, VA. Library, Public Reading Room, this Act.” SUPPLEMENTARY INFORMATION: EPA has Albuquerque, New Mexico 87115, 9:00 Section 301 of the Act further requires issued the following experimental use a.m.-5:00 p.m., (505) 844-8443 the Secretary to: permits: 35040 Federal Register / V o i. 49, N o . 173 / W edn esd ay, Septem ber 5, 1984 / N otices

241-EUP-103. Extension. American (Timothy Gardner, PM 17, Rm. 207, Ave., NW ., Washington, DC 20036. This Cyanamid Company, P.O. Box 400, C M # 2, (703-557-2690)) experimental use permit allows the use Princeton, NJ 08540. This experimental 8730-EUP-16. Extension. Health- of 28.8 pounds of the hybridizing agent use permit allows the use of 1,299 Chem Corporation, 1107 Broadway, New azetidine-3-carboxylic acid on barley pounds of the insecticide [(±)-cyano (3- York, N Y 10010. This experimental use and wheat to evaluate its hybridizing phenoxyphenyl)methyl(+ }-4- permit allows the use of 39.69 pounds of ability. A total of 28 acres are involved; (difluoromethoxy}-alpha-(l-methyl- the biological insecticides (Z)-ll- the program is authorized only in the ethyljbenzeneacetate] on corn to hexadecenal and (Z)-9-tetradecenal on States of Colorado, Kansas, North evaluate the control of various insects. tobacco to evaluate the control of the Dakota, and Texas. The experimental A total of 9,740 acres are involved; the tobacco budworm. A total of 900 acres use permit is effective from August 1, program is authorized only in the States are involved; the program is authorized 1984 to August 1,1985. (Robert Taylor, of Colorado, Delaware, Florida, Idaho, only in the States of Arizona and PM 25, Rm. 251, CM #2, (703-557-1800)) Illinois, Indiana, Iowa, Kansas, California. The experimental use permit 2724-EUPt42. Issuance. Zoecon Kentucky, Maryland, Michigan, is effective from August 10,1984 to Industries, 1200 Denton Drive, Dallas, Minnesota, Missouri, Nebraska, New August 10,1985. A permanent exemption TX 75234. This experimental use permit Jersey, New York, North Carolina, Ohio, from the requirement of a tolerance for allows the use of 1.2 pounds of the Oregon, Pennsylvania, Virginia, residues of (Z)-ll-hexadecenal in or on insecticide hydroprene and 1.9 pounds Washington, and Wisconsin. The tobacco has been established (40 CFR of the insecticide propetamphos in experimental use permit is effective 180.1069). (Timothy Gardner, PM 17, Rm. homes and apartments to evaluate the from June 15,1984 to June 15,1985. 207, CM#2, (703-557-2690)) control of cockroaches. A total of 300 Temporary tolerances for residues of the 35977-EUP-2. Renewal. Maag homes and apartments are involved; the active ingredient in or on com grain Agrochemicals research and program is authorized only in the States (except popcorn) and fresh corn Development, 5699 North King’s of California and Texas. The including sweet com have been Highway, P.O. Box X, Vero Beach, FL experimental use permit is effective established. (Timothy Gardner, PM 17, 32960. This experimental use permit from July 25,1984 to July 25,1985. Rm. 207, C M #2, (703-557-2690)) allows the use of 60 pounds of the insect (Timothy Gardner, PM 17, Rm. 207, 49548-EUP-l. Extension. Bend growth regulator ethyl [2-(p- CM#2, (703-557-2690)) Research, Inc., 64550 Research Road, phenoxyphenoxy) ethyl] carbamate on Persons wishing to review these Bend, OR 97701. This experimental use iion-crop areas to evaluate the control of experimental use permits are referred to permit allows the use of nine pounds of theiire ant. A total of 4,000 acres are the designated product managers. the biological insecticides (Z,Z)-7,11- involved; the program is authorized only Inquiries concerning these permits hexadecadien-l-ol acetate and (Z,E)- in the States of Alabama, Florida, should be directed to the persons cited 7,11-hexadecadien-l-ol acetate on Georgia, Louisiana, Mississippi, North above. It is suggested that interested cotton to evaluate the control of the pink Carolina, South Carolina, and Texas. persons call before visiting thè EPA bollworm. A total of 700 acres are (Timothy Gardner, PM 17, Rm. 207, office, so that the appropriate file may involved; the program is authorized only CM #2, (703-557-2690)) be made available for inspection in the State of Arizona. The 3125-EUP-188. Issuance. Mobay purposes from 8:00 a.m. to 4:00 p.m., experimental use permit is effective Chemical Corporation, P.O. Box 4913, Monday through Friday, excluding legal from July 6,1984 to July 6,1985. A Hawthorn Road, Kansas, City, MO holidays. permanent exemption from the 64120. This experimental use permit (Sec. 5, Pub. L. 95-396; 92 Stat. 828 (7 U.S.C. requirement of a tolerance for residues allows the use of 8,944 pounds of the 136c)) of the active ingredients in or on insecticide cyano (4-fluoro-3- Dated: August 22,1984. cottonseed when applied to cotton from phenoxyphenyl) methyl 3-(2,2- Douglas D. Campì, capillary fibers has been established (40 dichloroethenly)-2,2- CFR 180.1043). (Timothy Gardner, PM 17, Director, Registration Division, Office of dimethylcyclopropanecarboxylate on Pesticide Programs. Rm. 207, CM #2, (703-557-2690)) cotton, peanuts, and soybeans to [FR Doc. 84-23047 Filed 9 4 84; 8:45 am] 8730-EUP-15. Extension. Health- evaluate the control of various insects. Chem Corporation, Hereon Division, A total o f12,200 acres are involved; the BILLING CODE 6560-50-M 1107 Broadway, New York, NY 10010. program is authorized only in the States This experimental use permit allows the of Alabama, Arizona, Arkansas, [OPP-00180; FRL-26622] use of 1,760.24 pounds of the insecticides California, Florida, Georgia, Louisiana, (Z,Z)-7,ll-hexadecadien-l-ol acetate, Mississippi, Missouri, North Carolina, Nominations to the Scientific Advisory (Z,E)-7,ll-hexadecadien-l-ol acetate and Oklahoma, South Carolina, Tennessee, Panel; Request for Comments permethrin on cotton to evaluate the Texas, and Virginia. A temporary control of the pink bollworm. A total of tolerance for residues of the active AGENCY: Environmental Protection 400 acres are involved; the program is ingredient in or on cottonseed, peanuts, Agency (EPA). authorized only in the States of Arizona and soybeans has been established. A ACTION: Notice. and California. The experimental use food additive regulation for residues of permit is effective from July 7,1984 to the active ingredient in or on cottonseed s u m m a r y : This notice provides the July 7,1985. A temporary tolerance for oil and soybean oil has been established names, addresses, professional residues of permethrin has been (21 CFR 193.98). A feed additive affiliations, and selected biographical established. A permanent exemption regulation for residues of the active data of persons nominated to serve on from the requirement of a tolerance for ingredient in or on cottonseed hulls and the Scientific Advisory Panel residues of (Z,Z)-7,ll-hexadecadien-l-ol soybean hulls has been established (21 established under section 25(d) of the acetate and (Z,E)-7,ll-hexadecadien-l-ol CFR 561.96). (Timothy Gardner, PM 17, Federal Insecticide, Fungicide, and acetate in or on cottonseed when Rm CM#2, (703-557-2690)) Rodenticide Act (FIFRA), as amended, applied to cotton from capillary fibers 201-EUP-76. Issuance. Shell Oil (86 Stat. 973 and 89 Stat. 751; 7 U.S.C. has been established (40 CFR 180.1043). Company, Suite 200,1025 Connecticut 136 et seq.J. Public comment on the Federal Register / V o l. 49, No. 173 / Wednesday, September 5, 1984 / Notices 35041

nominations is invited. Comments will Federal department or agency or his III. Nominees be used to assist the Agency in selecting employment by a Federal department or nominees to comprise the Panel and agency (except the Environmental The following are the names, . should be so oriented. ' Protection Agency). The Administrator addresses, professional affiliations, and ADDRESS: By mail, submit comments to: appoints individuals to serve on the selected biographical data on nominees Information Services Branch, Program Panel for staggered terms of 1 to 4 years. being considered for membership on the Management and Support Division Panel members are subject to the FIFRA Scientific Advisory Panel to fill (TS-757C), Office of Pesticide provisions of Title 40, CFR, Part 3, three vacancies occuring during Programs, Environmental Protection Subpart F—Standards of Conduct for calendar year 1984. Agency, 401 M St., SW. Washington, Special Government Employees, which Steven Douglas Aust, Professor, D.C. 20460. include rules regarding conflicts-of- Department of Biochemistry, Michigan In person, bring comments to: Rm. 236, interest. An officer and/or employee of State University, and Associate Crystal Mall Building No. 2,1921 an organization producing, selling, or Director, Environmental Toxicology Jefferson Davis Highway, Arlington, distributing pesticides and any other Center, Michigan State University. Born: VA. person having a substantial financial March 11,1938. Educational background: d a te : Comments should be postmarked interest (as determined by the Washington State University, BS, 1960, not later than October 5,1984. Administrator) in such an organization, M S, 1962; University of Illinois, Ph.D FOR FURTHER INFORMATION CONTACT: as well as an officer or employee of an (Dairy Science), 1965. Professional By mail: organization representing pesticide experience: Professor, Michigan State users shall be excluded from Philip H. Gray, Jr., Executive Secretary, University 1967-present; Associate consideration as a nominee for FIFRA Scientific Advisory Panel (TS- Director, Environmental Toxicology 766CJ, Office of Pesticide Programs, membership on the Panel. Each nominee Center, 1980-present. Concurrent Environmental Protection Agency, 401 selected by the Administrator shall be position: USPHS fellow, Karolinska M St., SW., Washington, D.C. 20460. required to submit a Confidential Institute, Sweden, 1966: Ministry Office location and telephone number: Statement of Employment and Financial Agriculture and Fisheries NZ fellow Rm. 1115, Crystal Mall Building No. 2, Interests, which shall fully disclose the Ruakura Agriculture Research Center, 1921 Jefferson Davis Highway, nominee’s sources of research support, if Hamilton, N Z, 1975-1976; consultant, any, before being formally appointed. Arlington, V A 22202, (703-557-7096). National Center for Disease Control and . In accordance with section 25(d) of SUPPLEMENTARY INFORMATION: Environmental Protection Agency FIFRA, the Administrator shall require Science Advisory Board; member all nominees to the Panel to furnish I. Background toxicology study section, N IH 1979-June information concerning their FIFRA amendments enacted 1983; Commissioner, Michigan Toxic professional qualifications, including November 28,1975, added, among other information on their educational Substance Control Commission, 1970- a requirement set forth in section things, background, employment history, and 1981, Chairman, 1981-present. Societies: 25(d) that notices of intent to cancel or scientific publications. Section 25(d) of Society of Toxicology; American Society reclassify pesticide registrations FIFRA requires the Administrator to Photobiology; AAAS; American Society pursuant to section 6(b)(2), as well as issue for publication in the Federal Biological Chemists; American Society proposed and final forms of rulemaking Register the name, address, and Pharmacology and Experimental pursuant to section 25(a), be submitted professional affiliations of each Therapeutics. Research: Mixed function to a Scientific Advisory Panel prior to nominee. oxidation of drugs: the perioxidation of being made public or issued to a lipids: toxicity of halogenated aromatic registrant. In accordance with section B. Applicability of Existing Regulations hydrocarbons. 25(d), the Scientific Advisory Panel is to With the respect to the requirement of Harold Lee Bergman, Professor of have an opportunity to comment on the section 25(d) that the Administrator Zoology and Physiology, Department of health and environmental impact of promulgate regulations regarding Zoology and Physiology, University of such actions. conflicts of interest, the Charter Wyoming, Laramie, Wyoming 82071. II. Charter provides that EPA’s existing regulations Bom: Sault St. Marie, Mich. July 8,1941. applicable to special governmental Education: Eastern Michigan University, A Charter for the FIFRA Scientific employees (whch include advisory BA 1968, MS, 1971; Michigan State Advisory Panel has been issued in committee members) will apply to the University, PhD (fisheries biology), 1973. accordance with the requirements of members of the Scientific Advisory Professional experience: Fishery section 9(c) of the Federal Advisory Panel. These regulations appear at 40 Biologist, Great Lakes Fishery Lab, US Committee Act, Public Law 92-463, 86 CFR Part 3, Subpart F. In addition, the Fish and Wildlife Service, Ann Arbor, Stat. 770 (5 U .S.C. App I). The Charter provides for open meetings with Michigan, 1968-1971; Research Assistant qualifications as provided by the opportunities for public participation. Fishery Biology, Department Fisheries Charter follow. C. Process of Obtaining Nominees and Wildlife, Michigan State University, A. Qualifications of Members East Lansing, 1971-1973; Research In accordance with the provisions of Associate, environmental physiology, Members are scientists who have section 25(d), EPA, in March 1984, Department of Physiology, 1974; sufficient professional qualifications, requested the National Institutes of Research Associate, properties of liver including training and experience, to be Health (NIH) and the National Science and lung microsomal mixed-function capable of providing expert comments Foundation (NSF) to nominate scientists oxidases and their role in the as to the impact on health and the to fill three vacancies occurring on the metabolism of drugs and xenobiotics to environment of regulatory actions under SAP. NIH responded by letter dated toxic reactive intermediates; hepatic section 6(b) and 25(a) of FIFRA. No April 3,1984, enclosing a list of 6 drug elimination in pregnancy, person shall be ineligible to serve on the nominees; N SF responded by letter environmental impact, Environmental anel by reason of his membership on dated March 26,1984, with a list of 14 Science Division, Oak Ridge National any other advisory committee to a nominees. Laboratory, Oak Ridge, Tennessee, 35042 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices

1974- 1975; Assistant Professor, Zoology Medical Association; American College Wisconsin 1980-present. Concurrent and Physiology, University of Wyoming, of Veterinary Pathology; International Position: American Heart Association 1975- present. Concurrent Position: Academy of Pathologists; American grant, Medical College of Wisconsin, Editor, Black Thunder Study, Wyoming Association of Cancer Research. 1972-1975; Sea grant, 1971-1975. Environmental Institute, 1975. Societies: Research: Morphogenesis of cancer; Societies: AAAS; Society of Toxicology; Sigma Xi; American Fisheries Society; environmental co-carcinogenesis. American Fisheries Society; American A A A S ; North American Bertthological Joe Wheeler Grisham, Professor and Society of Pharmacology and Society. Research: Physiological ecology Chairman, Department of Pathology, Experimental Therapeutics. Research: of fishes and the effects of School of Medicine, University of North Cardiac Triglyceride metabolism; environmental perturbation on aquatic Carolina, Chapel Hill, NC 27514. Bom: metabolism of foreign compounds by animals. Brush Creek, Tenru, December 5,1931. fish. Murray Sheldon Blum, Research Education: Vanderbilt University, AB Robert Lee Metcalf, Professor, Professor, Entomology Department, 1953, MD 1957. Professional experience: Entomology, University of Illinois. Bom: University of Georgia, Athens, Georgia Resident pathologist, School of Columbus, Ohio, November 13,1916. 30602. Bom: Philadelphia, Pa., July 19, Medicine, Washington University 1957— Expertise: Entomology. Education: 1929. Education: University of Illinois, 1960; from instructor to professor of University of Illinois, BA, 1939, M A , BS, 1952, M S, 1953, PhD (entomology). pathology and anatomy, 1960-1973; 1940; Cornell University PhD Education: Entomologist, USD A, 1957- Professor, and Chairman, Department of (entomology), 1943. Experience: 1958; Associate Professor of Pathology, School of Medicine, assistant entomologist to associate Entomology, Louisiana State University, University of North Carolina, Chapel entomologist, Tennessee Valley Baton Rouge, 1958-1967; Professor 1967- Hill, 1973-present. Concurrent Positions: Authority, Alabam a, 1943-1946; from 1978; Research Professor, Entomology, National Cancer Institute fellow, 1958- Assistant Entomologist to Associate University of Georgia, 1978-present. 1959; Life Insurance Medical Research Entomologist, Citrus Experiment Station, Concurrent position: Editor, Insect Fund fellow, 1959-1961; Markle scholar, University of California, Riverside, Biochemistry Entomologia 1904-1969; member, board science 1946-1953; Professor Entomology and Experimentalis et Applicata J Chemical counsellors, National Institute Entomologist, 1953—1968; Professor of Ecology 1972; consultant NSF, 1974- Environmental Health Science, 1974- Entomology, University of Illinois, 1976. Societies: AAAS; Entomology 1978. Societies: American Association Urbaima-Champaign, 1968-present; Society of America. Research: Cancer Research, American Association Head, Department of Zoology, 1969- Chemistry of insect pheromones and Study Liver Disease; International present. Concurrent positive: Vice defensive secretions; biochemistry of the Academy of Pathologists, American Chancellor, University California, insect reproductive system; regulation of Society of Cell Blogists. Research: liver Riverside, 1962-1967; consultant, WHO; insect behavior by chemical releasers; diseases, especially cirrhosis; chemical FIFRA Scientific Advisory Committee. chemistry and functions of arthropod carcinogenesis; regulation of cellular Societies: National Academy of Science; natural products; 'biochemical strategies proliferation; D N A replication and American Chemical Society; Entomology of insects feeding on toxic plants. repair. Society of America. Research: Insect Richard Allan Griesemer, Director, Susan Goldhor, President, Center for Physiology and toxicology; mosquito Biology Division, Oak Ridge National Applied Regional Studies. Bom: control. Laboratory, Post Office Box Y, Oak Brooklyn, N.Y., March 24,1939. Howard Harold Seliger, Professor, Ridge, Tennessee 37831. Bom: Andreas, Expertise: Zoology. Education: Columbia Biology Department, Johns Hopkins Pa„ May 8,1929. Education: Ohio State University, BA 1960; Yale University, University. Born: New York, N.Y., University, D V M 1953, PhD f veterinary M S 1962; Yale University, PhD 1967. December 1924. Expertise: Physics, pathology), 1959. Professional Experience: Dean of Natural Science photobiology. Education: City College, experience: Instructor, Veterinary and Associate Professor of Biology, BA, 1943; Purdue University, M S, 1948; Pathology, Ohio State University 1953- Hampshire College, 1973-1977;I)iEector, University of Maryland, PhD (physics), 1955; Jr. Pathologist, Viriology Branch, New England Farm Center, Hampshire 1954. Experience: Assistant Instructor, Armed Forces Institute of Pathology, College, 1978-1981; President, Center for Physics, Purdue University, 1948; 1955-1957; from instructor to professor Applied Regional Studies, Amherst, Professor, leader-radioactivity, National Veterinary Pathology, Ohio State Massachusetts, 1981-present. Societies: Bureau of Standards, 1946-1958; University, 1957-1971, Chairman of American Society of Animal Science; Research Associate, Biophysics, 1958- Department, 1967-1971; Associate British Society of Animal Production; 1963, Associate Professor 1963-1968, Director, National Center Primate Canadian Society of Animal Science; Professor, Biology, Johns Hopkins Biology, University of California, Davis, Council for Agricultural Science and University, 1968-present. Concurrent 197.1-1973; senior resident staff member,. Technology; International Biomass positions: Guggenheim fellow 1958-1959; Carcino/Genesis Program Oak Ridge Association; Institute of Food consultant, Naval Research. Societies: National Laboratory, 1973—1975, Technologists. AAAS; American Physics Society; Program Manager, Cancer and John James Lech, Professor of Radiation Research Society; American Toxicology Program, 1975-1977; Pharmacology, Medical College of Society of Biological Chemists; Associate Director, Carcinogenesis Wisconsin, Milwaukee, Wisconsin American Society Photobiology. Testing, National Cancer Institute, 1977- 53213. Born: Passaic, N.J., June 21,1940. .. Research: radioactivity standardization; 1980; Director, Biology Division, Oak Education: Rutgers University, Newark, bioluminescence: excited states of Ridge National Laboratory, 1980- BS 1962; Marquette University, PhD biological molecules; marine biology of present. Concurrent Position: Memorial (pharmacology), 1967. Professional bioluminescent dinoflagellates; Animal Resources Advisory Committee, experience: From instructor to assistant photometry. N IH 1969-1973. Honors and Awards: professor, 1967—1974, Associate Fred Harold Tschirley, Professor and National Gaines Award, American Professor, Pharmacology, 1974-1980; Chairman, Department of Botany and Veterinary Medical Association. Professor of Pharmacology and Plant Pathology, Michigan State Societies: AAAS; American Veterinary Toxicology, Medical College of University. Born: Ethan, S.D. December Federal Register / Voi. 49, No. 173 / Wednesday, September 5, 1984 / Notices 35043

19,1925. Expertise: Ecology. Education: Insurance Corporation as sole receiver 2. Omnibank Corp., Wyandotte, University of Colorado, BA, 1951, MA, for American Heritage Savings, F.A., 1954; University of Arizona, PhD, 1963. Michigan; to become a bank holding Bloomingdaie, Illinois, on August 27, company by acquiring 100 percent of the Experience: Research Assistant, 1984. University of Arizona, 1952-1953; voting shares of Wyandotte Saving Instructor, 1953-1954; Range Scientist, Dated: August 29,1984. Bank, Wyandotte, Michigan. Crops Research Division, Agriculture J.J. Finn, C. Federal Reserve Bank of Dallas Research Service, USDA, 1954-1968; Secretary. (Anthony J. Montelaro, Vice President) Assistant Branch Chief, Crops [FR Doc. 84-23442 Filed 9-4-84; 8:45 am] 400 South Akard Streed, Dallas, Texas Protection Research Branch, 1968-1971; BILLING CODE 6720-01-M 75222: Assistant Coordinator, Environmental 1. Azle Bancshares, Inc., Azle, Texas; Quality Active Science and Education, to become a bank holding company by- 1971-1973, Coordinator Environmental FEDERAL RESERVE SYSTEM acquiring 94.37 percent of the voting Quality Activity, Official Secretary, shares of First National Bank of Azle, 1973- 1974; Professor and Chairman, NCNB Corp., et al.; Formations of; Azle, Texas. Department of Botany and Plant Acquisitions by; and Mergers of Bank Board of Governors of the Federal Reserve Pathology, Michigan State University, Holding Companies System, August 29,1984. 1974- present. Societies: A A A S , Weed James McAfee, The companies listed in this notice Science Society of America; Social Associate Secretary of the Board. Range Management; Ecology Society of have applied for the Board’s approval [FR Doc. 84-23406 Filed 9-4-84; 8:45 am] America. Research: Woody plant under section 3 of the Bank Holding BILUNG CODE 6210-01-M control; physiological ecology. Company Act (12 U.S.C. 1842) and Mary Edith Vore, Associate Professor § 225.14 of the Board’s Regulation Y (12 of Pharmacology, College of Medicine, CFR 225.14) to become a bank holding University of Kentucky, Lexington, company or to acquire a bank or bank FEDERAL TRADE COMMISSION Kentucky 40536. Born: Guatemala City, holding company. The factors that are Guatemala, June 27,1947; U S citizen. considered in acting on the applications Granting of Request for Early Education: Asbury College, BA, 1968; are set forth in section 3(c) of the Act (12 Termination of the Waiting Period Vanderbilt University, PhD U .S.C. 1842(c)). Under fhe Premerger Notification (pharmacology) 1972. Professional Each application is available for Rules immediate inspection at the Federal experience: Fellow, Department of Section 7A of the Clayton Act, 15 Reserve Bank indicated. Once the Biochemistry and Drug Metabolism, U .S.C. 18a, as added by Title II of the application has been accepted for Hoffman-LaRoche Inc. 1972-1974; Hart-Scott-Rodino Antitrust Assistant Professor of Toxicology, processing, it will also be available for Improvements A ct of 1976, requires Department of Pharmacology, University inspection at the offices of the Board of persons contemplating certain mergers of California, San Francisco, 1974-1978; Governors. Interested persons may or acquisitions to give the Federal Trade Associate Professor, 1978-1981, express their views in writing to the Commission and the Assistant Attorney Associate Professor of Pharmacology, Reserve Bank or to the offices of the General advance notice and to wait College of Medicine, University of Board of Governors. Any comment on designated periods before Kentucky, 1981-present. Societies: an application that requests a hearing consummation of such plans. Section American Society of Pharmacologists must include a statement of why a 7A(b)(2) of the A ct permits the agencies, and Experimental Therapeutics; Society written presentation would not suffice in in individual cases, to terminate this of Toxicology. Research: The lieu of a hearing, identifying specifically waiting period prior to its expiration and biochemical properties of liver and lung any questions of fact that are in dispute requires that notice of this action be microsomal mixed-function oxidases and summarizing the evidence that published in the Federal Register. and their role in the metabolism of drug would be presented at a hearing. and xenobiotics to toxic reactive Unless otherwise noted, comments The following transactions were intermediates; hepatic drug elimination regarding each of these applications granted early termination of the waiting in pregnancy. must be received not later than period provided by law and the September 26,1984. premerger notification rules. The grants Dated: August 16,1984. were made by the Federal Trade John A. Moore, A. Federal Reserve Bank of Richmond (Lloyd W . Bostian, Jr., Vice President) Commission and the Assistant Attorney Assistant Administrator for Pesticides and General for the Antitrust Division of the Toxic Substances. 701 East Byrd Street, Richmond, Virginia 23261: Department of Justice. Neither agency [FR Doc. 64-23046 Filed 9 -4 -84; 8:45 am] intends to take any action with respect BILUNG CODE 6560-50-M 1. NCNB Corporation, Charlotte, North Carolina; to acquire 100 percent of to these proposed acquisitions during the voting shares of N CN B National the applicable waiting period: f e d e r a l h o m e l o a n b a n k b o a r d Bank, Fairfax County, Virginia, a bank Transaction and Waiting Period that will perform credit card and related Terminated Effecti ve American Heritage Savings, F.A. activities in conformance with Va. Code (1) 84-0717—ConAgra, Incorporated’s Bloomingdaie, IL; Appointment of § § 6.1— 392 and 393. Receiver B. Federal Reserve Bank of Chicago proposed acquisition of assets of (Franklin D. Dreyer, Vice President) 230 Northern State Beef Incorporated, Notice is hereby given that pursuant South LaSalle Street, Chicago, Illinois August 13,1984 to the authority contained in § 5(d)(6)(A) 60690: (2) 84-0718—Michael Wilkinson’s ot the Home Owners’ Loan Act, as 1. First Busey Corporation, Urbana, proposed acquisition of assets of Steel amended, 12 U .S.C. 1464(d)(6)(A) (1982), Illinois; to acquire 100 percent of the Processing Facilities at Fontana, the Federal Home Loan Bank Board voting shares of Citizens Bank of California, (Kaiser Steel Corporation, appointed the Federal Savings and Loan Tolono, Tolono, Illinois. UPE), August 13,1984 35044 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices

(3) 84-0760—Tenneco, Incorporated’s voting securities of The Polymer Additional information may be proposed acquisition of voting Corporation, Harbison Industrial obtained from: Jose F. Cordero, M.D., securities of Ekco Products Products Incorporated, Polymer Hose Medical Epidemiologist, Birth Defects Incorporated (American Home and Coupling, Incorporated, (ACF Branch, Chronic Diseases Division, Products Corporation, UPE), August Industries, Incorporated, UPE), August Center for Environmental Health, 16,1984 20,1984 Centers for Disease Control, Atlanta, (4) 84-0767—The Fulcrum (18) 84-0774—Prime Motor Inns, Georgia 30333, Telephones: FTS: 230- Partnership’s proposed acquisition of Incorporated’s proposed acquisition of 4090, Commençai: 404/452-4090. voting securities of The Houseware voting securities of American Motor Dated: August 29,1984. Inns, Incorporated, August 23,1984 Group of American Home Products William C. Watson, Jr., (19) 84-0796—Laidlaw Transportation, Corporation and other assets of Acting Director, Centers for Disease Control. American Home Products Ltd.’s (Michael George Degroote, UPE) Corporation’s Ekco Housewares proposed acquisition of voting [FR Doc. 84-23405 Filed 9-4-84; 8:45 am] Division, August 16,1984 securities of ARA Transportation BILLING CODE 4160-18-M (5) 84-0772—The 1964 Simmons Trust’s Incorporated, (ARA Services, w proposed acquistion of voting Incorporated, UPE), August 23,1984 ;------*------securities of Medford Corporation, (20) 84-0754— Gulf & Western DEPARTMENT OF THE INTERIOR August 16,1984 Industries, Incorporated’s proposed (6) 84-0775— Baker, Fentress & acquisition of assets of Shoppers Bureau of Land Management Company’s proposed acquisiton of Charge Card Service Division, voting securities of Medford (American Fletcher, Corporation, [C A 15661] Corporation, August 16,1984 UPE), August 24,1984 Disclaimer of Interest To Issue; (7) 84-0781—Reliance Capital Group (21) 84-0792—Protective Corporation’s Proposed Issuance of Recordable L.P.’s proposed acquisition of voting proposed acquisition of voting Disclaimer of Interest for Lands in Los securities of Cecil B. Day Companies, securities of Columbia National Life Incorporated (Cecil B, Day Trust, Insurance Company, (Armco, Angeles County, CA UPE), August 16,1984 Incorporated, UPE), August 24,1984 (22) 84-0816—Ross Stores, AGENCY: Bureau of Land Management, (8) 84-0783—PacifiCorp’s proposed Interior. acquisition of voting securities of Incorporated’s proposed acquisition of a c t io n : Notice. M A P CO Incorporated, August 16,1984 assets of Edison Brother Stores, (9) 84-0757—United Financial Group Incorporated, August 24,1984 (23) 84-0822—The Parsons SUMMARY: Application has been filed by Incorporated’s proposed acquisition of Southern California Savings and Loan voting securities of Weingarten Realty Corporation’s proposed acquisition of voting securities of The Parsons Association, a Corporation, for a Incorporated, August 17,1984 recordable disclaimer of Interest by the (10) 84-0726—Schnitzer Steel Products Corporation, August 24,1984 United States, involving 61.05 acres of Company’s proposed acquisition of (24) 84-0823—The Parsons land. voting securities of Cascade Steel Corporation’s proposed acquisition of Rolling Mills, Incorporated, August 20, voting securities of RMP International, DATE: Comments should be received by 1984 Ltd., August 24,1984 December 4,1984. (11) 84-0750—WiHiam Comrie, (The FOR FURTHER INFORMATION CONTACT: ADDRESS: Comments should be sent to: Brunton Company) proposed Patricia A . Foster, Compliance Chief, Branch of Lands and Minerals acquisition of voting securities of the Specialist, Premerger Notification Operations, California State Office voting trust of Cousins Home Office, Bureau of Competition, Room (Room E-2841), Bureau of Land Furnishings, Incorporated, August 20, 301, Federal Trade Commission, Management, 2800 Cottage Way, 1984 Washington, D .C. 20580, (202) 523-3894. Sacramento, California 95825. (12) 84-0761—Texaco Incorporated’s By the direction of the Commission. FOR FURTHER INFORMATION CONTACT: proposed acquisition of voting Emily H. Rock, Jerry Alendal, California State Office, securities of A C C Chemical Company, Secretary. (916) 484-4431. (American Can Company, UPE), August 20,1984 [FR Doc. 84-23458 Filed 9-4-84; 8:45 am] SUPPLEMENTARY INFORMATION: Pursuant (13) 84-076&—Capital Cities BILLING CODE 6750-01-M to section 315 of the (Federal Land Communications Incorporated’s Policy and Management Act of 1976 (90 proposed acquisition of voting Stat. 2770; 43 U .S.C . 1745), application securities of Institutional Investor DEPARTMENT OF HEALTH AND number C A 15661 has been filed by Incorporated, (Gilbert E. Kaplan, HUMAN SERVICES Southern California Savings & Loan Association, a Corporation, for issuance UPE), August 20,1984 Centers for Disease Control (14) 84-0771—Fleming Companies, of a recordable disclaimer of interest by Incorporated’s proposed acquisition of Open Meeting on Premature Thelarche the United States, affecting the following voting securities of United Grocers described land: The Public Health Service and the Ltd., August 20,1984 San Bernardino Meridian (15) 84-0778—Lennar Corporation’s University of Puerto Rico Medical T. 4 N ., R. 16 W., proposed acquisition of voting Sciences Campus will hold a scientific Sec. 11, lots 1, 2, and 3. securities of H. Miller and Sons meeting on premature thelarche. The The area described aggregate 61.05 acres in Incorporated, August 20,1984 purpose of this meeting will be to assess Los Angles County. (16) 84-0780—First Boston the data on premature thelarche in Incorporated’s proposed acquisition of Puerto Rico. 1. The Bureau of Land/ Management voting securities of Joyce Beverages The meeting will be held September has reviewed the official records and Incorporated, August 20,1984 20-21,1984, at the Palmas del Mar Hotel has determined that the United States (17) 84-0799— Chesebrough-Pond’s in Humacao, Puerto Rico, beginning at has no claim to or interest in the above Incorporated’s proposed acquisition of 8:00 a.m. described lands and that the issuance of FederaI_Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices 35045

a recordable disclaimer of interest will FEA contains a proposed amendment to on page 33736. In the third column, help to remove a cloud on the title to the the Management Framework Plan (MFP) land. following the heading “ Conclusion” for Roan Creek and Winter Flats, an insert the following paragraph: 2. For a period of 90 days from the area that includes the Little Book Cliffs In FEIS-82, the impact level on fish date of publication of this notice, all Wild Horse Management Area. The and fishery resources was determined to persons who wish to submit comments, amendment would permit granting a suggestions, or objections in connection right-of-way to P SC C through the Wild be Minor-Moderate for Alternative 10. with the proposed disclaimer may Horse Management Area. The Under the proposal, the level of impact present their views in writing to the amendment is necessary because the is expected to be essentially the same; Chief, Branch of Lands and Minerals existing MFP does net provide for new Minor-Moderate. Operations, in the. California State rights-of-way in that area where a BILLING CODE 1505-01-M Office. portion of the new transmission line 3. Accordingly, the recordable would cross. disclaimer of interest will be issued no The proposed MFP amendment may National Park Service sooner than ninety days after the date of be protested. Any person who this publication. participated in the process by which the National Register of Historic Places Ed Hastey, amendment was developed (the EA State Director. process) and has an interest which is or The following districts have been (FR Doc. 84-23438 Filed 9-4-84; 8:45 am] may be adversely affected by the determined to be eligible for inclusion in BILLING CODE 4310-40-M approval of this amendment may protest the National Register of Historic Places such approval. A protest may raise only effective on this date. These state local those issues which were submitted for historic districts were certified as Final Environmental Assessment and the record during development of the substantially meeting National Register Management Framework Plan FEA and the amendment. A protest must criteria for evaluation between 1976 and Amendment; Grand Junction • contain the following information: March 12,1984. These determinations of Conversion Transmission Line Project, 1. The name, mailing address, eligibility are made under § 67.9(g) of 36 Grand Junction, CO. telephone number, and interest of the v CFR Part 67, implementing the Tax person filing the protest; AGENCY: Bureau o f Land Management, Reform Act of 1976; the Revenue Act of 2. A statement of the issue(s) being 1978; the Tax Treatment Extension Act Interior. protested; of 1980; and the Economic Recovery Tax ACTION: Notice of Availability of the 3. A statement of the part of the Act of 1981. Additions to this will be Final Environmental Assessment (FEA) amendment being protested; and of the Beginning of the Protest 4. A copy of all documents or issues published on an annual basis as part of Period on the Management Framework that were submitted during the E A and the Annual Supplemental Listing of Plan (MFP) Amendment. amendment process by the protesting Historic Properties. party or an indication of the date the Bruce MacDougal, SUMMARY: Pursuant to section 102(2)(C) issue(s) were discussed for the record; Acting Chief of Registration, National of the National Environmental Policy 5. A concise statement explaining why Register of Historic Places. Act of 1969, BLM has prepared a FEA on the State Director’s decision is believed CALIFORNIA the Grand Junction Conversion to be wrong. Transmission Line Project. Pursuant to At the end of the 30 day protest Alameda County 43 C F R 1600, BLM proposes an period, the proposed amendment, Oakland, Preservation Park Historic District amendment to the Roan Creek/Winter excluding portions under protest, shall Flats MFP. (CHDJ, Bounded by Grove, 11th, Castro become final. Approval shall be and 14th Sts. d a te : Comments on the FEA and withheld on any portion of the Oakland, Victorian Row-Old Oakland protests on the MFP amendment will be amendment under protest until action Historic District (CHD), Bounded by 7th, accepted until October 10,1984. has been completed on the protest. Broadway, 10th and Clay Sts. a d d r e s s : Comments should be sent to: Availability District Manager, Bureau of Land Contra Costa County Management, 764 Horizon Drive, Grand Single copies of the FEA may be Pittsburg, New York Landing Historic District Junction, Colorado 81501. obtained at the Grand Junction District (CHD), E. 3rd, E. 4th and Railroad Ave. Office. Protests should be sent to: Director Marin County (202), Bureau of Land Management, U.S. Dated: August 28,1984. Sausalito, Department of the Interior, Washington, Kannon Richards, Sausalito Central Business D.C. 20240. Historic District (CHD), 558-789 State Director, Bureau of Land Management. Bridgeway, El Portal and Princess St., for f u r t h e r information c o n t a c t : [FR Doc. 84-23439 Filed 9-4-84; 8:45 am] portions of Bulkley Ave. Julie Dougan, Bureau of Land . BILLING CODE 4310-JB-M Management, 764 Horizon Drive, Grand Ventura County Junction, Colorado 81501, (303) 243-6552 San Buenaventura, San Buenaventura SUPPLEMENTARY INFORMATION: The final Minerals Management Service Historic District (CHD), Plaza Park and environmental assessment (FEA) on the Outer Continental Shelf North Atlantic properties south of the park in the 600 blk Grand Junction Conversion Oil and Gas Lease Sale 82; Finding of of E. Thompson Blvd. Transmission Line Project analyzes the No Significant Impact COLORADO . impact of a proposal by Public Service Company of Colorado (PSCC) to Correction Boulder County upgrade its existing 69,000 volt In FR Doc. 84-22546, beginning on Boulder, Mapleton Hill Historic District transmission system in the Grand page 33731 in the issue of Friday, August (CHD), Roughly bounded by Mountain Junction vicinity to 230,000 volts. The 24,1984, make the following correction View Rd., 11th and Dewey Sts. 35046 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices

Pitkin County Kane County Seton H ill Historic District (Expanded) (CHD), East side of 600 blk. of N. Eutaw St. Aurora, Near Eastside Historic District Aspen, Aspen Historic District (CHD), Sterling Street Historic District (CHD), Roughly bounded by Durant Ave., Main, (CHD), Roughly bounded by Marve Ave., Anderson and LaSale Bounded by Monument, Ensor, and Mott Monarch, and Hunter Sts. Sts. and Flatiron Alley KANSAS CONNECTICUT Union Square Historic District (CHD), Pottawatomie County Roughly bounded by Fulton Ave., Fairfield County Manhattan, Manhattan Downtown Historic Baltimore, Schroder, Carey, and Pratt Sts. New Canaan, New Canaan Historic District District (CHD), Roughly bounded by Waverly Historic District (CHD), Roughly (CHD), Roughly bounded by Oenoke Lane, Anderson Ave., 7th and 3rd Sts. and 600 Blk. of 34th St. Heritage Hill and the S side of Seminary St, Griffith Ball Park. containing properties on both sides of Frederick County Oenoke Ridge, Main and Park Sts. LOUISIANA Federick, Federick Historic District (South Orleans Parish Addition) (CHD), Roughly bounded by E. DELAWARE New Orleans, Lafayette Square Historic 7th St., East St., Clarke PL, E. South and New Castle County District (CHD), Roughly bounded by North Bentz Sts. Wilmington, Delaware Avenue Historic O ’Keefe and St. Joseph Aves., Poydras and Wicomico County District (CHD), Roughly bounded by N. Magazine Sts. Salisbury, Downtown Historic District Broom St. and Harrison St. on Delaware New Orleans, Lower Garden Historic District (CHD), Roughly bounded by US Rt. 50, US Ave. (CHD), Roughly bounded by St. Charles Ave., US 10, Tchoupitoulas, Race and Rt. 13, the Wicomico River, and Lake St. FLORIDA Philip Sts. and Mississippi River. Salisbury, Newtown Historic District (CHD), New Orleans, Picayune Place Historic Roughly bounded by Mill St., North St., Dade County District (CHD), Roughly bounded by St. Broad St, and Chestnut St. Fort Lauderdale, Fort Lauderdale Historic Charles Ave., and Common, Tchoupitoulas, District (CHD), Roughly bounded by and Poydras Sts. MASSACHUSETTS New Orleans, St. Charles Avenue Historic Broward Blvd., SW 2nd Ave., New River Berkshire County Dr., and SW 5th Ave. District (CHD), Roughly bounded by Carondolet, Prytania, Jena Sts. and Jackson Lenox, Lenox Historic District (CHD), Escambia County Ave. Properties along both sides of Main St. Pensacola, North H ill Historic District New Orleans, Warehouse Historic District from Greenwood to West Sts., Franklin, (CHD), Roughly bounded by Magazine, (CHD), Roughly bounded by Moreno, Housatonic, Church and Walker Sts. Poydras, and S. Front Sts., Howard Ave. Gillemard, Wright, and De Villiers Sts. Bristol County MAINE Manatee County New Bedford, Bedford Landing-Waterfront Bradenton, Downtown Bradenton Historic Androscoggin County Historic District (CHD), Roughly bounded District (CHD), Roughly bounded by 3rd Lewiston, Kennedy Park (CHD), Roughly by Elm and Rodman Sts., Front St., Ave., W., 9th St. W., 8th Ave. W., 14th St. bounded by Pine, Blake, Birch and the alley Commercial St., Union St. and Acushnet W. of W of Park St. Ave. Bradenton, Old Manatee Historic District Hampden County Hampden County (CHD), Roughly bounded by E. 3rd, 9th, 4th, Springfield, Ridgewood Historic District Manatee Ave., 10th, 8th and 9th St. E. Springfield, Forest Park Heights Historic ■ (CHD), Roughly bounded by Union St, District (CHD), Roughly bounded by Mulberry St., and School St. Orange County Riverview and Westemview Sts., Fairfield Orlando, Downtown Historic District (CHD), Penobscot County St., Litchfield St., Sumner Ave., Forest Park Roughly bounded by Jefferson and South Bangor, Bangor Theological Seminary (CHD), Ave., Washington Blvd., and Longhill St. Sts., Rosaland, S. Byran and N. Gertrude Roughly bounded by Union St., Hammond Springfield, Lower Maple Historic District Aves., and W. Central Blvd. St., and Cedar St. (CHD), Roughly bounded by State St., , Orlando, Lake Cherokee Historic District Bangor. Broadway Historic District (CHD), School St., Union St., and Maple St. (CHD), Roughly bounded by East-West Roughly bounded by Garland S t, Pine St., Springfield, Maple H ill Historic District Exp., S. Sum merlin Ave., Lake Davis, E. State St., and Broadway (CHD), Roughly bounded by Cemetery Gore, Euclid, S. Delaney and S. Orange Bangor, High Street Historic District (CHD), Ave., Madison St., Pine St., Mill St., and Aves. Roughly bounded by Hammond St., N. High Maple S t (Ames Hill and Crescent Hill) St., Union St., and High St. Springfield, Ridgewood Historic District Polk County Bangor, Whitney Park Historic District (CHD), Roughly bounded by Union St, (CHD), Roughly bounded by Eighth St., Lakeland, Lake Munn Historic District Mulberry St., and Schol St. (CHD), Roughly bounded by Bay and Union St., Pond St., and Hayford Rd. Orange Sts., Massachusetts, Iowa, and MARYLAND Middlesex County • Missouri Aves., and Lake Mirroe Shoreline. Carlisle, Carlisle Historic District (CHD), Baltimore (Independent City) Properties extending out from the GEORGIA Eutaw Place/Madison Avenue Historic Monument juncture on Lowell and East Richmond County District (CHD), Properties on Eutaw Pi. and Sts., Bedford Rd., School St., Concord and Madison Ave. between Druid Park Lake Dr. Westford Rds. Augusta, Augusta Historic Preservation and North Ave. District (CHD), Madison Park Historic District (CHD), Suffolk County Roughly bounded by 7th, Telfair, Walker Sts. Roughly bounded by North Ave., Morris « Boston, Bay State Road/Back Bay West and Gordon Hwy. St., Laurens St., and Tiffany St. Historic District (CHD), Bounded by W. Ml. Royal Terrace Historic District (CHD), ILLINOIS Roughly bounded by Reservoir St., Park Charlesgate, Newberry, Graham, alley S. of Ave., North Ave. and Mt. Royal Terrace Bay State Rd., Bay State Rd., and Back St. Cook County Mt. Vernon Historic District (Expanded) Boston, St. Botolph Street Historic District Blue Island, Blue Island Historic District (CHD), Roughly bounded by Mt. Royal (CHD), Bounded by Harcourt, Alley E of (CHD), Roughly bounded by Western Ave. Ave, Howard St., Gilford St, and Hamilton Huntington, Alley N of Mass Ave., and NY, between Canal and 135th Sts. St. NH & Hartford R.O.W. Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices 35047

MICHIGAN Jackson County Union County Genesse County Kansas City, Armour/Gillham Historic Plainfield, Van Wyck Brooks Historic Linden, Linden Downtown Historic District, District (CHD), Roughly bounded by north District (CHD), Roughly bounded by Park Roughly bounded by the Shiawassee River, side of East Blvd., between Warwick, and Ave., W. 7th, Plainfield Ave., Stelle Ave., N. Main St., Hickory St., S. Bridge and N. Locust St. Randolpf, and Arlington Ave. Bridge Sts. Kansas Cfty, Miller Plaza/Warner Plaza Historic District (CHD), Roughly bounded N E W Y O R K Kent County by Main St., Walwick Blvd. on E. 32nd St. Albany County Grand Rapids, Heartside Historic District Kansas City, North Hyde Park Historic (CHD), Roughly bounded by Louis St., District (CHD), Roughly bounded by 3300 Albany, Capitol H ill Historic District (Center Division Ave., Cherry St., and Ionia Ave. blks. of Harrison and Campbell, the 3400 Sq./Hudson Park) (CHD), Roughly blk. of Campbell and the residence at 3402 bounded by Millet, Spring, and S. Swan Muskegon County Harrison Sts., Park, Ware and Madison Aves. Muskegon, Clay-Western Historic District St. Louis County Albany, Clinton Avenue/North Pearl Street (CHD), Western Ave., 4th St., Clay Ave., Historic District (CHD), Properties along 6th St., Webster St., and 7th St. St. Louis, Central West End Historic District Clinton Ave. between Quail St. and N. (CHD), Roughly bounded by Boyle Ave., Oakland County Pearl; and along N. Pearl between Clinton Lindall Blvd., Baleviere and Belmar and Livington Ave. Holly, Central Downtown Historic District St. Louis, Compton H ill Historic District (CHD), Roughly bounded by Sidney, S. Albany, South End-Groesbeckville Historic (CHD), Washington St., Martha St., S. District (CHD), Roughly bounded by Broad, E. Maple to N. Saginaw, Front St. to Grand Blvd., Coplin and Shenandoah Railroad St. St. Louis, Hyde Park Historic District (CHD), Elizabeth, Morton, Franklin, Basset, Vine, Holly, District #2 (CHD), North and South Roughly bounded by Palm St., 11th Ave., S. Pearl and Second lots on Maple St. between Cogshall and Florissant and Grand Blvd. Albany, South Pearl Street Commercial Row Washington St.; West lot’s on College St. Louis, Lafayette Park Historic District Historic District (CHD), East side of S. between Main and Maple St. (CHD), Roughly bounded by Jefferson Ave., Pearl St. between Hudson Ave. and Beaver Simpon PI. and Dolman St. St. Saginaw County St. Louis, Soulard Historic District (CHD), Albany, The Mansions Historic District Saginaw, Old Saginaw City Historic District Roughly bounded by Broadway, Compton (CHD), Roughly bounded by Eagle St., (CHD), S. Michigan to N. Michigan to Ave., Arsenal St. and Delaware Blvd. Madison Ave., S. Pearl St. and Park Ave. Cleveland St. to Saginaw River to Van St. Louis, Visitation Park Historic District Buren St. to Michigan (CHD), Roughly bounded by Union Blvd, Broome County from Delmar to Cabanne Binghamton, Parlor City Center Historic Washtenaw County NEBRASKA District (CHD), Roughly bounded by Court, Ypsilanti, Ypsilanti Historic District (CHD), State, and Hawley Sts. Roughly bounded by Forest St., Prospect Lancaster County St., Michigan St., Buffalo St. and N. Erie County Hamilton St. Lincoln, Haymarket Historic District (CHD), Roughly bounded by R and O Sts. and the Buffalo, Delaware Avenue Historic District Wayne County Railroad (CHD), Properties on W. Delaware Ave. between Bryant and North St. Detroit, Berry Historic District (CHD), NEVADA Buffalo, Linwood Historic District (CHD), Roughly bounded by E. Jefferson Ave., Rougly bounded by Delaware Ave. and Parkview Dr., the Detroit River, and Fiske Carson City County St. Linwood Ave., North and W . Ferry Sts. Carson City, Carson City Historic District Buffalo, West Village Historic District Detroit, New Center Historic District (CHD), (CHD), Roughly bounded by Curry St., (CHD), Roughly bounded by Tracy, S. Roughly bounded by Euclid, Woodward, John, 5th and Iris Sts. 2nd, Lothrop and 3rd Aves. Elmwood, Huron, Niagara and Carolina N EW JE R SE Y Sts. MINNESOTA Burlington County Kings County Goodhue County Burlington, High Street Historic District Brooklyn, Fort Greene Historic District Red Wing, Downtown Historic District (CHD), High St. between Broad and Pearl; ‘ (CHD), Roughly bounded by Ft. Greene PL, (CHD), Roughly bounded by Bush, Main, Broad St. between High and Stacy Fulton St., Vanderbilt Ave., and Myrtle and Broad Sts. Camden County Ave. Hennepin County Camden, Cooper Plaza Historic District Onondaga County Minneapolis, Southeast Fifth Street Historic (CHD), Roughly bounded by S. Broadway, Syracuse, Sedgwick-Highland-James Historic District (CHD), Along 5th St. between 9th Benson, S. 7th, and Berkley, including District (CHD), Bounded roughly by Rugby and 4th Ave. Washington between 7th and Haddon and St., Brattle Rd., Teal! Ave., James, Graves, Minneapolis, Warehouse Historic District Haddon from Washington to Newton and Dewitt Sts. (CHD), Roughly bounded by 1st., Washington, 6th and 3rd Aves. Hudson County Suffolk County Minneapolis, Washburn Fair Oaks Historic Hoboken, Southern Hoboken Historic Huntington, Cold Spring Harbor Historic District (CHD), Roughly bounded by 26th District (CHD), Roughly bounded by District (CHD), Properties on Harbor, Main St., Franklin, 4th and Lincoln Aves. Fourth, Hudson, and First Sts., Erie- and Hill between Saw Mill Rd. and Rice County Lackawanna Train Yards, Washington St. Huntington Rd and along Shore Rd and and Bloomfield St. Spring St. Faribault, Faribault Heritage Preservation Mercer County District (CHD), Roughly bounded by Westchester County Central Ave., 4th and Division Sts. and 1st Trenton, Yard Avenue Historic District Ave. ■ " ' | * • (CHD), Properties along Yard Ave. and E. Tarrytown, Main Street Historic District State St. between Ewing, S. Clinton and (CHD), Properties on Main St. between MISSOURI Fairview Windle Park and S. Broadway Clay County Salem County NORTH CAROLINA Kansas City, Nelle E. Peters Historic District Salem, Broadway Historic District (CHD), Guilford County (CHD), 3600 Summit and portions of the 700 Properties on E. and W. Broadway from blk of W. 37th Greensboro, College H ill Historic District Front St. to Keasbey and Yorke St. (CHD), Roughly bounded by W. Friendly 35048 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices

Ave., S. Spring, W. Lee, Tate and Mclver TEXAS favor of the complainant within the 2- Sts., Freeman Mill Rd. year period. The Michigan Department Bexar County of Transportation has been notified in Rockingham County San Antonio, Alamo Plaza Historic District writing at least 10 days prior to the filing Madison, Decatur-Hunter Historic District (CHD), Roughly bounded by Houston, E. Commerce, Broadway and N. Presa of this notice. See Exemption of Out of (CHD), Roughly bounded by Carter, Service R a il Lin es, 3661.C.C. 885 (1983). Market, W. Academy and Wilson Sts., and Wichita County US 220 (Business) As a condition to use of this Wichita Falls, Depot Square Historic District exemption, any employee affected by Wake County (CHD), Roughly bounded by the F.W.&D. the abandonment shall be protected Raleigh, Blount Street Historic District Railroad, Indian Ave., 7th and 8th Sts. pursuant to Oregon Short Line R. Co.- (CHD), Roughly bounded by Franklin, VIRGINIA Abandonment-Goshen, 3601.C.C. 91 Person, Jones, and Halifax Sts. (1979). Norfolk County OHIO The exemption will be affective Norfolk, Ghent Historic District (CHD), October 5,1984, unless stayed pending Cuyahoga County Roughly bounded by Dundaff, Olney, Duke, Grace, Virginia Beach Blvd., Brambleton reconsideration. Petitions to stay the Cleveland, Hessler Road/Hessler Court and Yarmouth effective date of the exemption must be Historic District (CHD), Bounded by Ford, Norfolk, West Freemason Historic District filed by September 17,1984, and Bellflower, E. 115th and Euclid Ave. (CHD), Roughly bounded by Brambleton petitions for reconsideration, including Cleveland, Market Square Historic District Ave., Bousch St., W. Freemason St. and the environmental, energy, and public use (CHD), Bridge Ave., W. 24th St., Lorain Eastern Branch of the Elizabeth River concerns, must be filed by September 25, Ave., W. 25th St., United Ct„ 26th St, to 1984, with: Office of the Secretary, 28th St. Petersburg (Independent City) Interstate Commerce Commission, Case Old Town Historic District (CHD), Roughly Hamilton County bounded by the Appomattox River, Fifth Control Branch; Washington, D C 20423. Cincinnati, Lincoln-Melrose Historic District St, West Bank St., Commerce St., and A copy of any petition filed with the (CHD), N side of Lincoln between 820 Canal St. Commission should be sent to Lincoln and Gilbert Ave.; between Lincoln applicant’s representative; Clifford F. and Beecher Roanoke (Independent City) Lenten, Cadillac & Lake City Railway Cincinnati, Northside Historic District Market Area Historic District (CHD), Company, 121 E. Pikes Peak Avenue, (CHD), Hamilton Ave. between Cooper/ Roughly bounded by Williamson, Church, Suite 335; Colorado Springs, CO 80903. Jefferson, and Norfolk Spring Grove and Hobart If the notice of exemption contains PENNSYLVANIA WISCONSIN false or misleading information, the use Dane County of the exemption is void ab initio. Allegheny County A notice to the parties will be issued if Pittsburgh, Manchester Historic District Madison, Mansion H ill Historic District (CHD), Roughly bounded by Lake the exemption is conditioned upon (CHD), Roughly bounded by Chateau, environmental or public use conditions. Franklin, Fulton, Hamlin, Fontella, Mendota, Butler, Gorham, Gilman, Henry, Stedman, Bidwell and Faulsey and Carroll Sts. Decided: August 21,1984. Pittsburgh, Mexican War-Streets Historic [FR Doc. 84-23353 Filed 9^4-84; 8:45 am] By the Commission, Heber P. Hardy, District (CHD), Bounded by Buena Vista, BILUNG CODE 4310-70-M Director, Office of Proceedings. Sampsonia, Sherman and North James H. Bayne, Berks County Secretary. INTERSTATE COMMERCE [FR Doc. 84-23427 Filed 9-4-84; 8:45 am] Reading, Callowhill Historic District COMMISSION (Extension) (CHD), Area at the intersection BILLING CODE 7035-01-M of Penn and 4th Sts. [Docket No. AB-4(Sub. 3X)J Reading, Centre Park Historic District (CHD), Roughly bounded by Church, Cadillac & Lake City Railway Co.; [Docket No. AB-1 (Sub-167X)] Robeson, Center, 3rd and Greenwich Abandonment in Wexford and Reading, Prince Street Historic District Missaukee Counties, Ml; Exemption Chicago and North Western (CHD), Roughly bounded by 7th, Cherry, Transportation Co.; Abandonment Pearl and Willow The Cadillac & Lake City Railway Exemption Between De Kalb and Company (CLC) filed as notice of Sycamore, IL Lancaster County exemption on August 16,1984, under 49 Strasburg, Strasburg Historic District (CHD), CFR Part 1152, Subpart F—Exem pt AGENCY: Interstate Commerce Main St. from Clearview Dr. to Abandonments. The line to be Commission. Georgetown/Gap abandoned is between milepost 0.0 at ACTION: Notice of exemption. ______Lehigh County Missaukee Jet., in Wexford County, MI, s u m m a r y : The Interstate Commerce Allentown, Old Allentown Historic District and milepost 4.5 at Round Lake Jet., in Missaukee County, MI, a distance of 4.5 Commission exempts from the (CHD), Bounded by Hall, Turner, Fountain, requirements of prior approval under 49 Linden, Howard, Court, Blank, 12th and miles. U .S.C. 10903 et seq ., the abandonment Liberty Sts. C LC has certified that (1) no local Allentown, Old Fairgrounds Historic District traffic has moved over the line for at by the Chicago and North Western (CHD), Bounded by Tilghman, Levan, least 2.years and overhead traffic is not Transportation Company of 3.8 miles of Gordon and Morris moved over the line, and (2) no formal track in De Kalb County, IL, subject to standard labor protection. TENNESSEE complaint filed by a user of rail service over the line (or by a State or local DATES: This exemption shall be effective Lincoln County entity acting in behalf of such user) on October 4,1984. Petitions to stay Fayetteville, Fayetteville Historic District regarding cessation of service over the must be filed by September 17,1984, and (CHD), Roughly bounded by Lincoln Ave., line is either pending with the petitions for reconsideration must be Edison, Franklin and Campbell Sts. Commission or has been decided in filed by September 25,1984. Federal Register / Voi, 49, No, 173 / Wednesday, September 5, 1984 / Notices m w 35049

ADDRESSES: Send pleadings referring to service are contained in 49 U .S.C. 10905 clandestinely manufacture Docket No. AB-1 (Sub-No. 167X) to: and 49 CFR 1152.27. methaqualone and to produce (1) Office of the Secretary, Case Control James H. Bayne, counterfeit Quaalude tablets therefrom. Branch, Interstate Commerce Secretary. These activities which led to Dr. Commission, Washington, DC 20423. |FR Doc. 84-23426 Filed 9-4-84; 8:45 am] Bentley’s conviction demonstrated his willingness to disregard not only the (2) Petitioner’s representative: Robert T. BILLING CODE 7035-01-M law, but also his professional Opal, One Northwestern Center, responsibility to advance and protect Chicago, IL 60606. DEPARTMENT OF JUSTICE the public health. The Drug Enforcement FOR FURTHER INFORMATION CONTACT: Administration has consistently held Louis E. Gitomer, (202) 275-7245. Drug Enforcement Administration that controlled substance felony offenses which are-unrelated to a SUPPLEMENTARY INFORMATION: registrant’s professional practice Additional information is contained in [Docket No. 82-22] demand the same sanctions as those the Commission’s decision. To purchase offenses which are so related. See, for a copy of the full decision write to T.S. Tilman J. Bentley, D.O.; Revocation of example, Aaron Moss, D.D.S., Docket InfoSystems, Inc., Room 2227, Interstate Registration No. 80-2, 45 FR 72850 (1980), where a Commerce Commission, Washington, dentist was denied registration after he On August 16,1982, the Drug DC 20423, or call 289-4357 (DC was convicted of acting as a courier Enforcement Administration [DEA] Metropolitian area) or toll free (800) 424- smuggling cocaine into this country, and issued an Order to Show Cause 5403. Raymond H. Wood, D.D.S., where a initiating proceedings to revoke the D EA Decided: August 28,1984. dentist’s registration was revoked after Certificate of Registration, AB3814666, he had been convicted of conspiring to By the Commission, Chairman Taylor, Vice of Tilman J. Bentley, D.O. [Respondent], possess with intent to distribute large Chairman Andre, Commissioners Sterrett and of Farmington, Missouri. The Order to quantities of marijuana. Such activities Gradison. Chairman Taylor was absent and Show Cause was predicated upon Dr. did not participate. on the part of registrants who have a Bentley’s conviction, in the United duty to see that controlled substances James H. Bayne, States Distirct Court for the Eastern are used responsibly and strictly for Secretary. District of Missouri, on one count of medical purposes cannot be tolerated. |FR Doc. 84-23425 Filed 9-4-84; 8:45 am) conspiring to illegally manufacture There is a lawful basis fqr the BILLING CODE 7035-01-M methaqualone, then a Schedule II revocation of the Respondent’s D EA controlled substance, and one count of registration and that registration must unlawfully possessing punches and dies be revoked. 21 U .S.C. 824(a)(2). [Docket No. AB-12 (Sub-76)] designed to imprint tablets with the markings associated with the Accordingly, pursuant to the authority Southern Pacific Transportation Co.; methaqualone product “Quaalude.” vested in the Attorney General by Abandonment in Butte County, CA These were felony offenses under 21 sections 303 and 304 of the Controlled U .S.C. 841(a)(1), 843(a)(5) and 846. The Substances Act, 21 U.S.C. 823 and 824, The Commission has issued a Respondent filed a timely request for a as redelegated to the Administrator of certificate authorizing Southern Pacific hearing on the issues raised by the the Drug Enforcement Administration, Transportation Company to abandon Order to Show Cause. the Administrator hereby orders that 3.308 miles of rail line between milepost During the pendency of this matter, DEA Certificate of Registraton 185.692 at or near Chico and milepost counsel for the Government and counsel AB3814666, previously issued to Tilman 189.000 at or near Butte Creek, in Butte for the Respondent entered into a J. Bentley, D.O. be, and it hereby is, County, C A . ^ stipulation whereby further proceedings revoked, effective immediately. Any would be stayed pending the outcome of pending application for renewal of such The abandonment certificate will registration is hereby denied. become effective 30 days after this the Respondent’s appeal of his conviction. The parties agreed that in publication unless the Commission also the event that the Respondent’s Dated: August 28,1984. finds that: (1) A financially responsible conviction was affirmed, the Francis M. Mullen, Jr., person has offered financial assistance Respondent would be deemed to have» Administrator. (through subsidy or purchase) to enable withdrawn his request for a hearing so the rail service to be continued; and (2) that final aciton could be taken in this {FR Doc. 84-23444 Filed 9-4-84; 8:45 am] it is likely that the assistance would matter without the necessity of further BILLING CODE 4410-09-M fully compensate the railroad. administrative proceedings. Any financial assistance offer must be On April 15,1983, the United States filed with the Commission and the Court of Appeals for the Eighth Circuit [Docket No. 84-14] applicant no later than 10 days from affirmed the Respondent’s conviction. publication of this notice. The following See, U nited States v. B ently, 706 F.2d Scott J. Loman, D.D.S., San Francisco, notation shall be typed in bold face on 1498. Subsequently, on May 21,1984, the CA; Hearing the lower left-hand corner of the United States Supreme Court denied Dr, envelope containing the offer: “Rail Bentley’s petition for a writ of certiorari. Notice is hereby given that on April Section. A B -O F A .’’ Any offer previously 104 S. Ct. 2397. Accordingly, all appeals 23,1984, the Drug Enforcement made must be remade within this 10-day of the Respondent’s conviction have Administration, Department of Justice, period. been concluded and the conviction has issued to Scott J. Loman, D.D.S., an been affirmed. Order To Show Cause as to why the Information and procedures regarding The Administrator finds that the Drug Enforcement Administration financial assistance for continued rail Respondent, an osteopathic physician, should not deny his application, participated in a conspiracy to executed on December 12,1983, for 35050 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices registration as a practitioner under 21 DEPARTMENT OF LABOR the Federal Mine Safety and Health Act U .S.C. 823(f). of 1977. Thirty days having elapsed since the Mine Safety and Health Administration A summary of the petitioner’s said Order To Show Cause was received statements follows: by Respondent, and written request for [Docket No. M-84-163-C] 1. The petition concerns the a hearing having been filed with the requirement that intake and return A.A. & W. Coals, Inc.; Petition for aircourses be examined in their entirety Drug Enforcement Administration, Modification of Application of on a weekly basis. notice is hereby given that a hearingjn Mandatory Safety Standard this matter will be held commencing at 2. The petition concern all main return 9:30 a.m. on Tuesday, September 11, A.A. & W. Coals, Inc., Box 392, entries located between the F - l area 1984, in the U.S. Tax Court Courtroom, Pikeville, Kentucky 41501 has filed a and the No. 1 fan in the Bakerton drift. Federal Building, Room 2041,450 Golden petition to modify the application of 30 These entries have deteriorated and are Gate Avenue, San Francisco, California. CFR 75.1710 (cabs and canopies) to its inaccessible. No active section return air Mine No. 12 (I.D. No. 15-07315) located passes through affected areas. Petitioner Dated: August 29,1984. in Pike County, Kentucky. The petition is states that rehabilitation of these areas Francis M. Mullen, Jr., filed under section 101(c) of the Federal would expose miners to hazardous and Administrator, Drug Enforcement Mine Safety and Health Act of 1977. dangerous working conditions, resulting Administration. A summary of.the petitioner’s in a diminution of safety. [FR Doc. 84-23445 Filed 9-4-84; 8:45 am] statements follows: 3. A s an alternate method, petitioner BILUNG CODE 4410-09-M 1. The petition concerns the proposes to evaluate the air entering the requirement that cabs or canopies be affected area at inlet monitoring installed on the mine’s electric face stations. The areas will be ventilated by Manufacturer of Controlled equipment. inletting air at the inlet monitoring Substances; Application; Wyeth 2. The present height of coal is 47 to 50 stations and by leakage along the track Laboratories, Inc. inches, with irregularities in the roof and entry. The air exiting the affected area floor. will be evaluated at the outlet Pursuant to § 1301.43(a) of Title 21 of 3. Petitioner states that the canopies monitoring station. This air will also be the Code of Federal Regulations (CFR), could strike suspended trailing cables, evaluated by examining the fan chart of this is notice that on May 11,1984, creating the potential for an accident. the No. 1 fan to ensure proper Wyeth Laboratories, Inc., 611 East Nield 4. For these reasons, petitioner ventilation. BKaminations of the Street, West Chester, Pennsylvania requests a modification of the standard. monitoring stations will be weekly. 19380, made application to the Drug 4. Petitioner states that the proposed Enforcement Administration (DEA) for Request for Comments alternate method will provide the same registration as a bulk manufacturer of Persons interested in this petition may degree of safety for the miners affected the basic classes of controlled furnish written comments. These as that afforded by the standard. comments must be filed with the Office substances listed below: Request foe Comments of Standards, Regulations and Drug and Schedule Variances, Mine Safety and Health Persons interested in this petition may Pethidine (meperidine) (9230)—0 Administration, Room 627, 4015 Wilson furnish written comments. These comments must be filed with the Office Pethidine-Intermediate-A (9232)—0 Boulevard, Arlington, Virginia 22203. All comments must be postmarked or of Standards, Regulations and Any other such applicant and any received in that office on or before Variances, Mine Safety and Health person who is presently registered with October 5,1984. Copies of the petition Administration, Room 4015 Wilson DEA to manufacture such substances, are available for inspection at that Boulevard, Arlington, Virginia 22203. All may file comments or objections to the address. comments must be postmarked or issuance of the above application and Dated: August 27,1984. received in that office on or before may also file a written request for a October 5,1984. Copies of the petition Patricia W. Silvey, hearing thereon in accordance with 21 are available for inspection at that Director, Office of Standards, Regulations CFR 1301.54 and in the form prescribed and Variances. address. by 21 CFR 1316.47. [FR D o c. 84-23402Filed 9-4-84; 8:45 am] Dated: August 27,1984. Any such comments, objections or BILLING CODE 4510-43-M Patricia-W. Silvey, requests for a hearing may be addressed Director, Office of Standards, Regulations to the Deputy Assistant Administrator, and Variances. Drug Enforcement Administration, [Docket No. M-84-177-C] [FR Doc. 84-23397 Filed 9-4-84; 8:45 am] United States Department of Justice, BILLING CODE 4510-43-M 14051 Street, NW., Washington, D.C. Barnes & Tucker Company; Petition 20537, Attention: DEA Federal Register for Modification of Application of Représentative (Room 1203), and must Mandatory Safety Standard [Docket No. M-84-136-C] be filed no later than October 5,1984. Barnes & Tucker Company, 1912 Cedar Cities Energies, Inc.; Petition for Dated: August 27,1984. Chestnut Avenue, Barnesboro, Modification of Application of Gene R. Haislip, Pennsylvania 15714 has filed a petition Mandatory Safety Standard to modify the application of 30 CFR Deputy Assistant Administrator, Office of 75.305 (weekly examinations for Cedar Cities Energies, Inc., c/o Diversion Control, Drug Enforcement hazardous conditions) to its Lancashire Progressive Training and Research, Star Administration. No. 20 Mine (I.D. No. 36-00836) located Route, P.O. Box 61, Elkhom City, (FR Doc. 84-23443 Filed 9-4-84; 8:45 am] in Cambria County, Pennsylvania. The Kentucky 41522 has filed a petition to BILLING CODE 4410-09-M petition is filed under section 101(c) of modify the application of 30 CFR 75.1710 Federal Register / VoL 49, No. 173 / Wednesday, September 5, 1984 / Notices 35051

(cabs and canopies) to its No. 1 Mine 3. Petitioner states that the use of cabs b. An MSHA approved carbon (I.D. No. 15-13606) located in Pike or canopies on the mine’s electric face monoxide (CO) fire detection system County, Kentucky. The petition is filed equipment would severely limit the will be installed to monitor the main under section 101(c) of the Federal Mine equipment operator’s visibility and south belt haulage entry from the No. 3 Safety and Health Act of 1977. result in a cramped seating position, Portal; A summary of the petitioner’s causing the operator to lean out from the c. If the belt air velocity is greater statements follows: cab or canopy, exposing body parts to than 50 feet per minute and does not 1. The petition concerns the potential injury from a fall of roof or rib. exceed 200 feet per minute, carbon requirement that cabs or canopies be The cabs or canopies also could strike monoxide detectors will be located at installed on the mine’s electric face and dislodge roof supports and electrical the beginning and end of the belt flight, equipment. cables, creating the potential of a roof 2. The mine is in the No. 3 Elkhom and at intervals not to exceed 2,500 feet fall or electrocution. along the belt. If the belt air velocity is seam and ranges from 40 to 50 inches in 4. For these reasons, petitioner greater than 200 feet per minute, carbon height with consistent ascending and requests a modification of the standard. descending grades creating dips in the monoxide detectors will be located at coal bed. Request for Comments the beginning and end of each belt flight, and at intervals not to exceed 3,000 feet 3. Petitioner states that the canopies Persons interested in this petition may along the belt; can strike and dislodge roof supports, furnish written comments. These creating the potential of a roof fall. The d. Carbon monoxide detectors will be comments must be filed with the Office installed in accordance with canopies also limifthe equipment of Standards, Regulations and manufacturer’s specifications to monitor operator’s visibility, increasing the Variances, Mine Safety and Health the air travelling in the belt entry and chances of an accident. Administration, Room 627,4015 Wilson provide a warning at a manned location 4. For these reasons, petitioner Boulevard, Arlington, Virginia 22203. All requests a modification of the standard. when the level of C O exceeds 10 ppm comments must be postmarked or above ambient; received in that office on or before Request for Comments e. Carbon monoxide detectors will be October 5,1984. Copies of the petition calibrated in accordance with Persons interested in this petition may are available for inspection at that furnish written comments. These address. manufacturer’s specifications at the time comments must be filed with the Office of initial installation and at intervals not of Standards, Regulations and Dated: August 27,1984. to exceed 30 days thereafter. Detectors Variances, Mine Safety and Health Patricia W . Silvey, will be examined once every 24 hours Administration, Room 627, 4015 Wilson Director, Office of Standards, Regulations when belts are operating; Boulevard, Arlington, Virginia 22203. All and Variances. f. Carbon monoxide detecting systems comments must be postmarked or [FR Doc. 84-23401 Filed 9-4-84; 8:45 am] that remain energized when electrical received in that office on or before BILUNG CODE 4510-43-M power in the mine is de-energized will October 5,1984. Copies of the petition be approved by M S H A as permissible or intrinsically safe; are available for inspection at that [Docket No. M-84-164-C] address. g. In the event that the monitoring Dated: August 27,1984. Freeman United Coal Mining Company; system, or any other portion thereof is rendered inoperative, the belt in the Patricia W . Silvey, Petition for Modification of Application of Mandatory Safety Standard affected area may continue to operate Director, Office of Standards, Regulations provided that the area is continuously a n d Variances. Freeman United Coal Mining patrolled and monitored by a qualified [FR Doc. 84-28395 Filed 9-4-84; 8:45 am] Company, P.O. Box 100, West Frankfort, person testing at frequent intervals for BILLING CODE 4510-43-M Illinois 62896 has filed a petition to the presence of CO ; modify the application of 30 CFR 75.326 h. In the event either a warning signal [Docket No. M-84-161-C] (aircourses and belt haulage entries) to is transmitted to the manned location or its Orient No. 4 Mine (I.D. No. 11-00628) C O is detected during the patrol, Estep Coal Corporation; Petition for located in Williamson County, Illinois. employees working in by the affected Modification of Application of The petition is filed under section 101(c) area will be notified immediately and an Mandatory Safety Standard of the Federal Mine Safety and Health investigation conducted. Act of 1977. 3. Petitioner states that the proposed Estep Coal Corporation, Route 4, Box A summary of the petitioner’s alternate method will provide the same 190, Grundy, Virginia 24614 has filed a statements follows: degree of safety for the miners affected petition to modify the application of 30 1. The petition concerns the as that afforded by the standard. CFR 75.1710 (cabs and canopies) to its requirement that intake and return air No. 1 Mine (I.D. No. 44-05059) located in courses be separated from belt haulage Request for Comments Buchanan County, Virginia. The petition entries and that belt haulage air not be Persons interested in this petition may is filed under section 101(c) of the used to ventilate active working places. furnish written comments. These Federal Mine Safety and Health Act of 2. As an alternate method, petitioner 1977. comments must be filed with the Office proposes to course intake air through of Standards, Regulations and A summary of the petitioner’s the belt haulage entry of the south mains Variances, Mine Safety and Health statements follows: from the number 3 portal to ventilate Administration, Room 627, 4015 Wilson 1. The petition concerns the active working places. In support of this Boulevard, Arlington, Virginia 22203. All requirement that cabs or canopies be request, petitioner states that: comments must be postmarked or installed on the mine’s electric face a. The belt entry will be separated equipment. received in that office on or before from the air course designated as the October 5,1984. Copies of the petition 2. The seam height varies from 43 to intake escapeway with permanent-type 48 inches. are available for inspection at that control measures; address. 35052 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices

Dated: August 27,1984. Request for Comments Dated: August 27,1984. Patricia W. Silvey, Patricia W . Silvey, Persons interested in this petition may Director, Office of Standards, Regulations Director, Office of Standards, Regulations and Variances. furnish written comments. These and Variances. comments must be filed with the Office [FR Ooc. 84-23390 Filed 9-4-84; 8:45 am) [FR Doc. 84-23393 Filed 9-4-84; 8:45 am] of Standards, Regulations and BILLING CODE 4510-43-M BILLING CODE 4510-43-M Variances, Mine Safety and Health Administration, Room 627,4015 Wilson [Docket No. M-84-140-CJ Boulevard, Arlington, Virginia 22203. All [Docket No. M-84-148-C] comments must be postmarked or . H.A.T. Coal Company; Petition for received in that office on or before Penelee Coal Co., Inc.; Petition for Modification of Application of Modification of Application of Mandatory Safety Standard October 5,1984. Copies of the petition are available for inspection at that Mandatory Safety Standard H. A.T. Coal Company, 113 N. Oak address. Penelee Coal Company, Inc., General Street, Shamokin, Pennsylvania 17872 Dated: August 27,1984. Delivery, Cranks, Kentucky 40820 has has filed a petition to modify the filed a petition to modify the application Patricia W. Silvey, application of 30 CFR 75.301 (air quality, of 30 CFR 75.1303 (permissible blasting quantity and velocity) to its No. 3 Slope Director, Office of Standards, Regulations devices) tolts No. 3 Mine (I.D. No. 15- and Variances. (I.D. No. 36-07363) located in 12324) located in Harlan County, Northumberland County, Pennsylvania. [FR Doc. 84-23399 Filed 9-4-84; 8:45 am] Kentucky. The petition is filed under The petition is filed under section 101(c) BILLING CODE 4510-43-M Section 101(c) of the Federal Mine of the Federal Mine Safety and Health Safety and Health Act of 1977. Act of 1977. A summary of the petitioner’s A summary of the petitioner’s [Docket No. M-84-162-C] statements follows: statements follows: 1. The petition concerns the I. Air sample analysis history reveals Loviiia Coal Co.; Petition for requirement that permissible blasting that harmful quantities of methane are Modification of Application of devices be used, that all explosives and non-existent in the mine. Mandatory Safety Standard blasting devices be used in a 2. Ignition, explosion and mine fire permissible manner, and that history are non-existent for the mine. Loviiia Coal Company, R.R. #1, Box permissible explosives be fired only 3. There is no history of harmful 90A, Junction, Illinois 62954 has filed a with permissible short firing units. quantities of carbon dioxide and other petition to modify the application of 30 2. As an alternate method, petitioner noxious or poisonous gases. CFR 75.1710 (cabs and canopies) to its proposes to use the nonpermissible 4. Mine dust sampling programs have Mine No. 5 (I.D. No. 11-02774) located in FEMCO Ten-Shot Blasting Unit. The unit revealed extremely low concentrations Gallatin County, Illinois. The petition is will be used by an authorized person of respirable dust. filed under section 101(c) of the Federal and will be used with well-insulated 5. Extremely high velocities in small Mine Safety and Health Act of 1977. cross sectional areas of airways and blasting cable with wires no smaller A summary of the petitioner’s than No. 18 Brown and Sharp gauge. manways required in friable Anthracite statements follows: veins for control purposes, particularly 3. The unit will be used with not more in steeply pitching mines, present a very 1. The petition concerns the than: dangerous flying object hazard to the requirements that cabs or canopies be a. Ten detonators with copper leg miners. installed on the mine’s electric face wires not over 30 feet long; 6. High velocities and large air equipment. b. Ten detonators with iron leg wires 6 quantities causes extremely 2. Petitioner states that the use of and 7 feet long; uncomfortable damp and cold canopies restricts the equipment c. Nine detonators with iron leg wires conditions in the already uncomfortable, operator’s visibility, forcing the operator 8 and 9 feet long; wet mines. to lean out from the canopy, exposing d. Eight detonators with iron leg wires 7. As an alternate method, petitioner body parts to potential injury. In 10 feet long; proposes that: addition, the canopy can strike and e. Seven detonators with iron leg a. The minimum quantity of air dislodge the roof support, increasing the wires 12 feet long; f. six detonators with iron leg wires 14 reaching each working face be 1,500 chances of an accident. feet long; cubic feet per minute; 3. For these reasons, petitioner b. The minimum quantity of air g. Five detonators with iron leg wires requests a modification of the standard. reaching the last open crosscut in any 16 feet long; pair or set of developing entries be 5,000 Request for Comments 4. In addition, the FEM CO Ten-Shot cubic feet per minute; and Blasting Unit will be used only: c. The miriimumn quantity of air Persons interested in this petition may a. With short-delay electric detonators reaching the intake end of a pillar line furnish written comments. These with designated delay periods of 25 to be 5,000 cubic feet per minute, and/or comments must be filed with the Office 500 milliseconds; whatever additional quantity of air that of Standards, Regulations and b. If the lamp, which provides an may be required in any of these areas to Variances, Mine Safety and Health indication of readiness, lights maintain a safe and healthful mine Administration, Room 627,4015 Wilson immediately upon insertion of the firing atmosphere. Boulevard, Arlington, Virginia 22203. All key and extinguishes immediately upon 9. Petitioner states that the alternate comments must be postmarked or release of the key. This will be verified method proposed will at all times received in that office on or before prior to connecting the unit to the provide the same measure of protection October 5,1984. Copies of the petition blasting cable; for the miners affected as that provided are available for inspection at that c. With a battery pack having an open by the standard. address. circuit voltage of at least 120 volts when Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices 35053

installed. The pack will also be replaced personnel contacting the energized mounted battery receptacles on at intervals not to exceed 6 months. frames of mining machinery which might permissible, mobile, battery-powered 5. Petitioner will attach the become energized through failure of the machines. The metal locking device will manufacturer’s label specifying insulation of the power conductors. be designed, installed and used to conditions of use for the unit and will 4. As an alternate method, petitioner prevent the threaded rings securing the install the manufacturer’s sealing device proposes that: battery plugs to the battery receptacles on the housing of the unit. a. No personnel will enter the mine from unintentionally loosening. The 6. Petitioner states that the proposed while circuits are energized; fabricated metal brackets will be alternate method will provide the same b. The pumps, which are controlled securely attached to the battery degree of safety for the miners affected from the surface, will be locked out at receptacles to prevent accidental loss of as that afforded by the standard. the disconnect switch by the mine the brackets. The locking device will be Request for Comments superintendent before personnel enter securely attached to the brackets to the mine; and Persons interested in this petition may prevent accidental loss of the locking c. A warning sign of adequate size devices. furnish written comments. These will be posted at the mine's entry. 3. Petitioner states that the harness comments must be filed with the Office 5. Petitioner states that the proposed snaps will be easier to maintain than of Standards, Regulations and alternate method will provide the same padlocks because there are no keys to Variances, Mine Safety and Health degree of safety for the miners affected be lost and dirt cannot get into the Administration, Room 627, 4015 Wilson as that afforded by the standard. Boulevard, Arlington, Virginia 22203. All workings as with a padlock. comments must be postmarked or Request for Comments 4. Operators of permissible, mobile, received in that office on or before Persons interested in this petition may battery-powered machines affected by October 5,1984. Copies of the petition furnish written comments. These this modification will be trained in the are available for inspection at that comments must be filed with the Office proper use of the locking device, trained address. of Standards, Regulations and in the hazards of breaking battery-plug Dated: August 27,1984. Variances, Mine Safety and Health connections under load, and trained in Patricia W. Silvey, Administration, Room 627, 4015 Wilson the hazards of breaking battery-plug connections in areas of the mine where Director, O ff ice of Standards, Regulations Boulevard, Arlington, Virginia 22203. All and Variances. comments must be postmarked or electric equipment is required to be permissible. |FR Doc. 84-23400 Filed 9-4-84; 8:45 am) received in that office on or before BILLING CODE 4510-43-M October 5,1984. Copies of the petition 5. For these reasons, petitioner are available for,inspection at that requests a modification of the standard. address. [Docket No. M-84-149-C] Request for Comments Dated: August 26,1984. Persons interested in this petition may SN & N Coal Co.; Petition for Patricia W . Silvey, furnish written comments. These Modification of Application of Director, Office of Standards, Regulations Mandatory Safety Standard and Variances. comments must be filed with the Office [FR Doc. 84-23394 Filed 9-4-84; 8:45 am] of Standards, Regulations and SN & N Coal Company, 10 East Main BILLING CODE 4510-43-M Variances, Mine Safety and Health Street, Goodspring, Tremont, Administration, Room 627,4015 Wilson Pennsylvania 17981, has filed a petition Boulevard, Arlington, Virginia 22203. All to modify the application of 30 CFR [Docket No. M-84-142-C] comments must be postmarked or 75.902 (low- and medium-voltage ground received in that office on or before check monitor circuits) to its No. 1 Slope Southern Ohio Coal Co.; Petition for October 5,1984. Copies of the petition (I D. No. 36-06061) located in Schuylkill Modification of Application of are available for inspection at the County, Pennsylvania. The petition is Mandatory Safety Standard address. filed under Section 101(c) of the Federal Southern Ohio Coal Company, P.O. Dated: August 27,1984. Mine Safety and Health Act of 1977. Box 490, Athens, Ohio 45701 has filed a Patricia W . Silvey, A summary of the petitioner’s petition to modify the application of 30 statements follows: Director, Office of Standards, Regulations CFR 75.503 (permissible electric face and Variances. 1. The petition concerns the equipment; maintenance) to its Raccoon [FR Doc. 84-23398 Filed 9-4-84; 8:45 am] requirement that low- and medium- No. 3 Mine (I.D. No. 33-02308) located In BILLING CODE 4510-43-M voltage resistance grounded systems Vinton County, Ohio. The petition is include a failsafe ground check circuit to filed under section 101(c) of the Federal monitor continuously the grounding Mine Safety and Health Act of 1977. [Docket No. M-84-160-C] circuit. A summary of the petitioner’s 2. The mine is presently abandoned statements follows: T.A.G. Coal Co.; Petition for and is being de-watered. There are no 1. The petition concerns the use of a personnel in the mine while electrical Modification of Application of locked padlock to secure battery plugs Mandatory Safety Standard circuits are energized. There is no high to machine-mounted battery receptacles voltage at the mine. There is no portable on permissible, mobile, battery-powered T.A.G. Coal Company, 540 N. Market or mobile equipment in the mine. machines. Street, Shamokin, Pennsylvania 17872 3. Water is pumped from the mine 2. As an alternate method, petitioner has filed a petition to modify the before or after personnel are in the proposes to use metal locking devices, application of 30 CFR 75.1400 (hoisting mine. Pump repairs are made by outside each consisting of a fabricated metal equipment; general) to its No. 11 Slope contractors and not at the mine. Since bracket and a metal locking device (I.D. No. 36-07018) located in there are no personnel in the mine (harness snap) in lieu of padlocks to Northumberland County, Pennsylvania. during pumping, there is no chance of secure battery plugs to machine- The petition is filed under section 101(c) 35054 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices of the Federal Mine Safety and Health a c t io n : Notice of meetings. NATIONAL COMMISSION FOR Act of 1977. EMPLOYMENT POLICY A summary of the petitioner’s s u m m a r y : Pursuant to the provisions of statements follows: the Federal Advisory Committee Act Meeting 1. The petition concerns the (Pub. L. 92-463, as amended), notice is Correction requirement that cages, platforms or hereby given that the following meetings other devices which are used to of the Humanities Panel will be held at In FR Doc. 84-21312 appearing on transport persons in shafts and slopes the Old Post Office, 100 Pennsylvania page 32133 in the issue of Friday, August be equipped with safety catches or other Avenue, NW., Washington, D.C. 20506: 10,1984, make the following correction approved devices that act quickly and in the “DATES” section: Date: September 20-21,1984. effectively in an emergency. 1. The second meeting date reading Time: 8:30 a.m. to 5:00 p.m. 2. Petitioner states that no such safety “September 13” should read “September Room: 315. catch or device is available for steeply Program: This meeting will review 14” . pitching and undulating slopes with applications submitted to the Basic Research 2. The Word “Statue” should read numerous curves and knuckles present Program: Literature/Fine Arts Panel, Division "'Status”. in the main haulage slopes of this of Research Programs, for projects beginning BILLING CODE 1505-01-M anthracite mine. after January 1,1985. 3. Petitioner further believes that if a “makeshift” safety device were installed Date: September 27-28,1984. it would be activated on knuckles and Time: 8:30 a.m. to 5:00 p.m. NATIONAL TRANSPORTATION curves, when no emergency existed, and Room: 315. SAFETY BOARD Program: This meeting will review cause a tumbling effect on the Availability of Recommendation applications submitted to the Humanities, conveyance which would increase Responses rather than decrease the hazard to the Science, and Technology Program, Division of miners,. Research Progams, for projects beginning Responses from: 4. As an alternate method, petitioner after January 1,1985. Aviation proposes to operate the man cage or steel gunboat with secondary safety The proposed meetings are for the Federal A viation Administration connections securely fastened around purpose of Panel review, discussion, Apr. 29: A-83 -8 and -9: Is developing the gunboat and to the hoisting rope, evaluation and recommendation on mandatory corrective action which if which have a factor of safety in excess applications for financial assistance adopted will require fuel drains in Piper of the design factor as determined by under the National Foundation on the PA-11, PA-12, PA-18, PA-18A, PA-20, the formula specified in the American Arts and the Humanities Act of 1965, as and PA-22 airplanes. Mar. 19: A-83-64: National Standard for Wire Rope for amended, including discussion of Plans to issue an Airworthiness Mines. information given in confidence to the Directive concerning fuel selector 5. Petitioner states that the proposed agency by grant applicants. Because the installation in Cessna airplanes. A -8 3 - alternate method will at all times proposed meetings will consider 65: Is preparing a General Aviation provide the same degree of safety for information that is likely to disclose: (1) Airworthiness Alerts (Advisory Circular the miners affected as that afforded by Trade secrets and commercial or 43-16) that describes the problems with the standard. financial information obtained from a person and priviledged or confidential, fuel selector valve linkages in Cessna Request for Comments (2) information of a personal nature the airplanes. Mar. 19: A-82-94: Issued Persons interested in this petition may disclosure of which would constitute a Advisory Circular No. 23.807-3, furnish written comments. These clearly unwarranted invasion of Emergency Exits Openable From comments must be filed with the Office personal privacy; and (3) information Outside for Small Airplanes, on January of Standards, Regulations and the disclosure of which would 20,1984. Mar. 22: A-83-45: Proposes to Variances, Mine Safety and Health significantly frustrate implementation of sponsor an Aircraft Cabin Safety Administration, Room 627, 4015 Wilson proposed agency action; pursuant to Seminar to provide the aviation Boulevard, Arlington, Virginia 22203. All authority granted me by the Chairman’s community with the latest knowledge comments must be postmarked or Delegation of Authority to Close and thinking about cabin occupant received in that office on or before Advisory Committee Meetings, dated safety with respect to design, practice, October 5,1984. Copies of the petition January 15,1978,1 have determined that and procedures, and is updating are available for inspection at that these meetings will be closed to the Advisory Circular No. 121-24, Passenger address. public pursuant to subsections (c) (4), (6) Safety Information Briefing and Briefing Cards. Mar. 28: A-81-77 through -79: Dated: August 27,1984. and (9)(B) of section 552b of Title 5, United States Code. Issued Airworthiness Directive 83-03-04 Patricia W . Silvey, effective February 17,1983, requiring Director, Office of Standards, Regulations Further information about these that a determination be made whether and Variances. meetings can be obtained from Mr, the shear heads in the float inflation |FR Doc. 84-23403 Filed 9-4-84; 8:45 am| Stephen J. McCleary, Advisory valve of Bell Helicopter 206L Series BILLING CODE 4510-43-M Committee Management Officer, aircraft have been installed*incorrectly. National Endowment for the Mar. 28: A-84 -1 and -2: Continues to Humanities, Washington, D.C. 20506, or investigate the wing root structure on NATIONAL FOUNDATION ON THE call (202) 786-0322. certain Bellanca aircraft to determine ARTS AND HUMANITIES Stephen J. McCleary, that inspections can detect decay in the Humanities Panel Meetings wing spars. A -84-3: Is developing an Advisory Committee Management Officer. article for the General Aviation AGENCY: National Endowment for the |FR Doc. 84-23461 Filed 9-4-84; 8:45 am) Airworthiness Alerts (Advisory Circular Humanities. BILLING COOE 7536-01-M 43-16) regarding recognition of defects r Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices 35055

in wooden structures and coverings, 84-7: Will suggest to the chief operating U S. Environmental Protection Agency general inspection procedures, and a officers of A A R member'companies that bibliography of publications which will the practices of train makeup May 23:1-84-5: Is working in provide maintenance personnel with recommended by Track Train Dynamics cooperation with several Federal detailed information. Apr. 5: A-82-158: be followed. Apr. 4: R-84 -13 and-14: agencies on the issues of permeability of Has incorporated into the initial training The AAR Tank Car Committee has suit and^glove materials from chemicals program at the F A A Academy handbook appointed a special task force to that would most likely be in contact changes concerning the importance of investigate the^lnstallation and with workers on waste sites or releases. air traffic controllers transmitting performance of excess flow valves on Will raise this issue with the National contaminated runway condition D O T Specification 105,112, and 114 tank Response Team, which has information. Apr. 5: A-79-72: Issued cars. representatives from 12 Federal Amendment 23-29, a final rule, on agencies that have responsibilities in The American Short Line Railroad responding to hazardous materials February 23,1984, which added 14 CFR Association 23.995(g) specifying that fuel tank releases. selector valves must take a separate and Mar. 30: R-84-16: Notified its U S. Department of Health and Human distinct action to place the selector in members of recommendation concerning S ervices the “OFF” position and that the selector improperly positioned excess flow valve must not pass through the "O FF” seats. fun. 15:1-84-5: The National Institute for Occupational Safety and Health has position when changing from one tank to Florida East Coast Railway Company another. Apr. 20: A-81 -90 and -91: been actively working with standards General Aviation Airworthiness Alerts, Apr. 24: R-84-20: Has no chrome- organizations, regulatory agencies, fire Alert No. 42 (Advisory Circular No. 43- vanadium alloy, high-strength vacuum- departments, and the firefighters union 16) of January 1982 emphasizes that treated rail. in efforts to develop standards and . maintenance personnel can assist their * Intermodal guidelines for chemical protective customers and other owners and clothing. Has issued a worker bulletin operators of aircraft equipped with Research and Special Programs on hazardous material incidents. A Emergency Locator Transmitter CIR-11- Administration selection guide for chemical protective 2 by requesting that they obtain and Apr. 6:1-79-6: Has met with the clothing and respirators for hazardous * retain an updated owner’s manual, Federal Emergency Management incidents is in final review. Is Document No 950012, dated March 20, Administration to discuss a completing the developing of a chemical 1981, for use in the installation and comprehensive range of issues involved resistance data base. operation of the units. in hazardous materials accident Federal Emergency Management prevention and mitigation, including the Railroad A g en cy command identification and scope of Federal Railroad Administration authority issue. Has funded a series of Aug. 16:1-84-5: Is working with local demonstration projects on several agencies and groups in the Apr. 20: R-83-102: Will commence a safety inquiry on issues of health and Hazardous Materials Accident development of standards for design safety in the locomotive cab. A pr. 9 :R - Prevention and Emergency Response, and construction of chemical protective 71-6, R-72-26, R-72-32, R-72-33, R-73- and final reports from two of these suits. | studies are available. 30, R-75-3, R-75-38, R-76-21, R-76-24, Pipeline R-76-28, R-77-13, R-79-38, R-79-39, R - Matlack, Inc. R esearch and Sp ecia l Programs 80-31, R-81-69, R-83-76: The initiatives Apr. 10:1-83-3: Issued to its drivers a A dministration described by the FRA’s report "Railroad bulletin reminding them that the bill of Passenger Equipment Safety” are lading and other shipping documents for M ay 26: P-82-12: Has emphasized to responsive to these recommendations hazardous materials must be readily its regional field office personnel and pertaining to rail passenger operations, available and recognizable to State agents the importance of requiring most being related to equipment and authorities in the event of an accident, all natural gas operators to establish including crashworthiness, interior emergency occurrence, or inspection. hydrostatic test procedures to assure design, and emergency procedures. A pr. compliance with 49 CFR 192.781. 5: R-83-106: Landslide accidents are few National Fire Protection Association American Gas Association in number and the current data reporting M ay 1:1-84 -1 through -3: W ill inform system accurately captures all of them. its members of the recommendations fun. 15: P-83-29: Believes that the R-83-107: Will meet with the Federal regarding chemical protective suits, will standards committee responsible for the Highway Administration to discuss the gather information on the problem, and National Fuel Gas Code (ANSI Z223.1/ applicability of highway right-of-way as a result forward a recommendation to NFPA No. 54) should be encouraged to construction and maintenance practices the Standards Council for their decision. develop inspection standards that could to railroad right-of-way stabilization be used by local governments for buried programs and will disseminate to the International Association of Fire Chiefs gas piping not subject to 49 CFR Part railroad industry any meaningful May 10:1-84-4: W ill continue to work 192. Jul. 20: P-83-38: Published an information gleaned from the FHWA. with the National Fire Protection Operating Section Engineering Association, the International Association of American Railroads Technical Note (CPR 83-4-1), Threaded Association of Fire Fighters, the United Fasteners Torquing, pertaining to the Apr. 3: R-84-6: Train makeup is often States Fire Administration, and the proper selection, installation, and difficult to control and there are several American Society of Testing and maintenance of threaded fasteners used factors which inhibit the ability of the Materials in the development of to secure gas compressors. P-83-39 and carriers to conform to guidelines which standards for the design and -40: Advised its members to review 49 have been developed concerning the construction of chemical protective CFR 192.615, Emergency Plans, to ensure placement of loaded and empty cars. R- suits. that proper procedures, both internally 35056 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices

and with appropriate local fire and publication of information that could State of Colorado emergency agencies, are outlined and assist pilots in navigating the inland May 23: M-83-76: Expects that can be implemented effectively when waterways. M -83-97: Has instructed the legislation concerning operating vessels required. North Central Division Engineer to while under the influence of alcohol will include bridge profiles in the next Gas Research Institute be introduced in the Colorado revision of the Corps of Engineers legislature. Jun. 29: P-84-15: Will expand its publication of the Upper Mississippi continuing research on butt-fused, River Navigation Charts. U .S. N a vy socket-fused, and saddle-fused joints of May 31: M-84 -20 and -21: The polyethylene gas pipes and fittings to State of Florida recommended watch position of keeping determine allowable limits on bending Apr. 30: M-83 -76 and -77: The the bell book is a specific position radii. P-84-16: Has been studying the Department of Natural Resources’ within the special sea and anchor detail development of nondestructive quality Boating Safety Bill is being considered under article 630.21 used for operations assurance instruments for the field by the Florida legislature. in restricted waters and entering or evaluation of butt-fused polyethylene leaving port. Navy regulations states gas distribution piping joints. Will C.L. Dill Co., Inc. that “a pilot is merely an advisor to the initiate in 1986 research in the May 4: M-80 -49, -50, and -51: It is commanding officer.” The Commanding development of a nondestructive testing not normal procedure for a company Officer may delegate the “conn” but not device for saddle-fused joints of supervisor or employee to be present at the responsibility for safe navigation polyethylene gas piping. tank battery locations and other hazardous locations because of and piloting. Boston Gas Company numerous job responsibilities. Has State of Massachusetts M a y 16: P-84-7: Has revised its always had a program and does update A bill inspection standard and procedure by its program of instruction and training in Jul. 25: M-83 -76 and -77: concerning the use of alcohol by including a more rigorous and frequent emergency procedures related to the recreational boaters will be refilled in leak check to insure that the vent piping work performed by the company for all the next session of the legislature. and diaphragm chamber system of each waterborne employees who work in the regulator is watertight. P-84-8: Will oil fields. Holds regular safety meetings U.S. Coast Guard discontinue the use of unsecured with open discussion. Procedures Jul. 11: M-83-56: A barge breakaway weights on the diaphragm plate to relating to working at tank batteries, oil problem is best handled at the local prevent the lateral movements which or gas wells, high-pressure pipe and oil level through mechanisms such as impede proper valve operation. P-84-9: lines have been established. Constantly monitors remote pressure­ estalishing a regulated navigation area. recording equipment and dispatchers International Association of Thé many variables from site to site initiate timely corrective action should a Classification Societies virtually preclude the practicality of malfunction occur. Pressure crews check M ay 15: M-83 -89 through -92: Four of promulgating nationwide regulations. local pressure-recording equipment its member societies report having ships M -83-57: Intends to provide effective weekly and take corrective action in their class which are fitted with the enforcement of its existing regulations should a malfunction be discovered. Hvdroster Model MS-800-TE-1 steering and any new local regulations which could be expected through the use of Marine gear, and will advise the owners of these ships of the potential problems regulated navigation areas. M a y 18: M - Massachusetts Maritime Academy which may arise when ôperating the 83-93: Have initiated a review of our casualty information to identify critical Jun . 15: M -82 -43 through -49: Action gear with both units running areas of the Western Rivers as on the recommendations regarding simultaneously, and request that recommended. Will place this as an training ship must await delivery of a emergency instructions covering such agenda item for consideration by the vessel acquired by the Maritime operation be provided on board as soon Towing Safety Advisory Committee Administration for use by the academy. as possible. A s it is possible that other makes of steering gear may be subject to (TSAC). Is concerned that limiting the Federal Communications Commission the same type of failure, IÁCS is Operator of Uninspected Towing Jun. 14: M -84-12: Is continuing tests of conducting a general review of steering Vessels (OUTV) license to areas of a the M AR TECH Whaler EB-2BW gear design to determine if action on a river corresponding to local knowledge Emergency Position Indicating broader scope may be warranted. might be contrary to Congressional Radiobeacon (EPIRB) to check the intent associated with the Towing operation of the transmitter after being Prudential Lines, Inc. Vessel Operator Licensing Act. M -8 3 - dropped into the water from a height of May 17: M-82 -17 and -18: Has 94: Will publish a Notice of Proposed 50 to 60 feet. amplified its operating instructions to Rulemaking concerning regulations for ship’s personnel regarding: The use of signals and retroreflective material on Department of the Army, Corps of radar and plotting; use of VH F radio to bridges. M -83-95: W ill study the Engineers avoid close quarters situations; and possibility of using flashing green and Jun. 29: M-83-96: Would have to company policy with respect to safe red lights in the navigation spans over considerably expand in a navigation. designated main or auxiliary navigation comprehensive manner its knowledge of channels. Apr. 30: M-84-4: Has initiated waterway conditions as they relate to State o f Georgia a regulatory project to update and vessel operations to be able to May 18: M-83-76: Commissioner of expand the requirements in 33 CFR accumulate the data needed to develop Natural Resources will discuss the v Subchapter N, Outer Continental Shelf an “inland navigation guide.” Would matter of alcohol involvement in Activities. One of the objectives of this support an initiative in pursuit of the recreational boating accidents with law project is to establish appropriate goal of improving safety by the enforcement personnel within his standards for all vessels engaged in acquisition, accumulation, and agency. O C S activities within the authority of Federal Register / Vol 49, No. 173 / Wednesday, September 5, 1984 / Notices 35057

the Act. The need to require operating in yòur request. The photocopies will be will be done when the pump is manuals on lift boats will be considered billed at a cost of 14 cents per page ($1 disassembled for maintenance. as part of this project. May 2: M-84-5: minimum charge). Because present guidance in the Marine H . Ray Sm ith, Jr., The Need for the Proposed Action Safety Manual (MSM, Part 30-6-20B(3)) Federal Register Liaison Officer. Volumetric examination of the RCP does not emphasize older vessels August 30,1984. including vessels over 20 years of age, it casing welds or visual examination of [FR Doc. 84-23410 Filed 9-4-84; 8:45 am] the internal casing surfaces requires will be revised to require closer scrutiny BILLING CODE 7533-01-M of all older vessels. M -84-6: Has complete disassembly and draining of initiated a regulatory project to consider the reactor coolant pump. The unnecessary personnel exposure and changing the time interval between NUCLEAR REGULATORY cost that would result from the limited drydock examinations on certain COMMISSION vessels. A proposal to require structural exam which could be performed do not gauging at specified intervals on older [Docket No. 50-336] warrant pump disassembly solely for vessels will be included in the examination purposes. regulatory project. M -84-7: The revised Northeast Nuclear Energy Co.; Volume II of the M SM will provide Environmental Assessment and Environmental Impacts of the Proposed additional written guidance to Coast Finding of No Significant Impact A ction Guard inspectors for the inspection of The U.S. Nuclear Regulatory Our evaluation of the proposed items that have been delegated to the Commission (the Commission) is request for relief from the ASME Code American Bureau of Shipping under the considering granting relief from certain requirements which are considered Load Line Regulations. Sections 6.F.1 requirements of the ASME Code, impractical and the implementation of and 2 of Volume II have been changed Section XI, “Rules for Inservice the alternative examination indicates to reiterate the need to conduct close Inspection of Nuclear Power Plant that these actions will give reasonable inspection of hatch covers and other Components,” to Northeast Nuclear closures during routine hull or topside assurance that the acceptable level of Energy Company, which would revise inspections by Coast Guard marine quality and safety intended by the the inservice volumetric examination of inspectors. M -84-8: Will evaluate the ASME Code will be satisfied. Reactor Coolant Pump Casing Welds for design of the bilge pumping systems in Accordingly, post-accident the Millstone Nuclear Power Station, the cargo holds of U.S. flag bulk carriers radiological releases will not be greater Unit No. 2, located at the licensee’s site to determine if the systems are than previously determined nor does the in the Town of Waterford, Connecticut. compatible with the cargo. M a y 15: M - proposed relief otherwise affect The A SM E Code requirements are 84-13: Is preparing a final rule that radiological plant effluents, and there is incorporated by reference into the would require Class C emergency no significant increase in occupational Commission’s Rules and Regulations in position indicating radiobeacons 10 CFR Part 50. exposures. Therefore, the Commission (EPIRB’s) on small passenger vessels on concludes that there are no significant the Great Lakes and will prepare a Environmental Assessment radiological environmental impacts notice of proposed rulemaking that Identification of Proposed Action associated with this proposed relief. would extend the requirement to cover With regard to potential non- coastwise vessels. M -84-14: Revisions By letter of May 4,1984 the Northeast radiological impacts, the proposed relief to 46 CFR Subchapter T will include Nuclear Energy Company (NNECo) involves equipment located entirely implementing regulations requiring proposed an updated relief request for operators of small passenger vessels the volumetric inservice examination of within the restricted area as defined in making an offshore trip to prepare a the Millstone Unit No. 2 reactor coolant 10 CFR Part 20. It does not affect non- crew and passenger list to be deposited pump (RCP) casing welds because of radiological plant effluents and has no at a suitable location ashore before problems encountered in complying with other environmental impact. Therefore, departure. M -84-15: Has directed Section XI of the ASME Boiler and the Commission concludes that there are inspectors of charter fishing boats to Pressure Vessel Code. no significant non-radiological make a one-time verification during The licensee also proposed alternative environmental impacts associated with their next inspection that watertight examination requirements to provide for the proposed relief. hatch closures are equipped with the assurance of structural reliability of Alternative to the Proposed Action adequate securing devices which are the pump casing welds. The licensee’s being properly maintained, and will proposals are: Since we have concluded that there is remind the boat operators of the Code Relief Request no measurable environmental impact importance of keeping hatch covers associated with the proposed relief from secured to preserve the watertight Pursuant to 10 CFR 50.55(a)(g)(5)(iii), the requirements of the ASME Code and integrity of the hull. M -84-16: Proposes relief is requested from performing the imposition of an alternative to change 46 CFR 185.25-l(d) to require volumetric examination of the pump examination, any alternatives to these a safety orientation announcement casing welds and visual examination of actions will have either no rather than making it optional. A the internal pressure boundary surfaces environmental impact or greater requirement for operators to advise in the pump casing. environmental impact. passengers of certain safety precautions will also be considered. Proposed Alternative Examination The principal alternative would be to • It is proposed that a surface deny the requested relief. This would Note.—Single copies of these response not reduce the environmental impacts of letters are available on written request to: examination of the accessible RCP Public Inquires Section, National casing welds on one pump be done at plant operation and would result in Transportation Safety Board, Washington, the. end of the first inspection interval. unnecessary personnel exposure and D.C. 20594. Please include respondent's nan Additionally a visual examination of the cost to completely disassemble and date of letter, and recommendation number accessible internal pressure boundary drain the reactor coolant pump. 35058 Federal Register / .Yol. 49, No. 173 / Wednesday, September 5, 1984 / Notices

Alternative Use of Resources Nuclear Reactor Regulation for II This action does not involve the use of treatment pursuant to 10 CFR 2.206 of The Construction Permits issued for the Commission’s regulations and a final resources not previously considered in constructing the facility provide, in Director’s Decision has been issued by connection with the Final Environmental pertinent part, that the facility Units are the Director denying the Petitioner’s Statement Relating to Operation of subject to all rules, regulations and request. The reasons foi^this denial are Millstone Unit 2. Orders of the Commission. This includes explained in the “Director’s Decision General Design Criterion (GDC) 4 of Agencies and Persons Consulted under 10 CFR 2.206” (DD-84-20), which Appendix A to 10;CFR 50. G D C 4 is available for inspectiDn in the The NRC staff reviewed the licensee’s requires that structures, systems and Commission’s Public Document Room, request and did not consult other components important to safety shall be 1717 H Street, NW., Washington, D.C. agencies or persons. designed to accommodate the effects of 20555 and at the Local Public Document and to be compatible with the Finding of No Significant Impact Room at the Robert E. Kennedy Library, environmental conditions associated The Commission has determined not California Polytechnic State University, with the normal operation, maintenance, to prepare an environmental statement San Luis Obispo, California 93407. testing and postulated accidents, for the proposed relief. A copy of the decision will be filed including loss-of-coolant accidents. Based upon the foregoing with the Secretary for Commission environmental assessment, we conclude review in accordance with 10 CFR These structures, systems and that the proposed action will not have a 2.206(c). As provided in 10 CFR 2.206(c), components shall be appropriately significant effect on the quality of the the decision will become the final action protected against dynamic effects, human environment. of the Commission 25 days after including the effects of missiles, pipe whipping, discharging fluids that may For further details with respect to this issuance, unless the Commission, on its result from equipment failures, and from action, see the application for relief own motion, takes review of the dated May 4,1984, which is available for decision within that time. events and conditions outside the nuclear power unit. public inspection at the Commission’s Dated at Bethesda, Maryland, this 20th day Public Document Room, 1717 H Street, of August 1984. By a submittal dated October 31,1983, the applicant requested an exemption NW., Washington, D.C. and at the For the Nuclear Regulatory Commission. from a portion of the requirements of Waterford Public Library, Waterford, Harold R. Denton, Connecticut. G D C 4 to: (1) Eliminate the need to Director, Office of Nuclear Reactor postulate circumferential and Dated at Bethesda, Maryland this 28th day Regulation. of August 1984. longitudinal pipe breaks in the Reactor |FR Doc. 84-23453 Filed 9-4-84; 8:45 am) For the Nuclear Regulatory Commission. Coolant System (RCS) primary loop (hot BILUNG CODE 7590-01-M leg, cold leg and cross-over leg piping): Gus C. Lainas, (2) eliminate the need to install pipe Division of Licensing Office of Nuclear Reactor Regulation. whip restraints and jet impingement [Docket Nos. 50-445 and 50-446] shields associated with previously |HR Doc. 84-23454 Filed 9-4-84; 8:45 am| postulated breaks in the R CS primary BILLING CODE 7590-01-M Texas Utilities Generating Co. (Comanche Peak Steam Electric loops and; (3) to eliminate the need to Station, Units 1 and 2); Exemption consider dynamic effects and loading [Docket No. 50-275] conditions associated with previously I postulated pipe breaks in the R CS Pacific Gas and Electric Co. (Diablo primary loop, including jet impringement Canyon Nuclear Power Plant, Unit 1); On July 20,1973, the Texas Utilities Generating Company (the applicant) loads, cavity pressure loads, blowdown Issuance of a Director’s Decision loads in the R CS and attached piping, Under 10 CFR 2.206 tendered an application for licenses to construct Comanche Peak Steam and subcompartment pressure loads. In support of this exemption request, the Notice is hereby given that the Electric Station, Units 1 and 2 Director, Office of Nuclear Reactor (Comanche Peak or the facility) with the applicant’s submittal enclosed Regulation, has issued a decision Atomic Energy Commission (currently Westinghouse Report MT-SME-3135 concerning Petitions dated February 2, the Nuclear Regulatory Commission or (Reference 1) containing the technical March 1, March 23, April 12, May 3, June the Commission). Following a public basis for their request. 21, June 22, July 11, July 16, and July 23, hearing before the Atomic Safety and Based on its review of the applicant’s 1984 filed by the Government Licensing Board, the Commission issued submittal, the N R C staff requested Accountability Project on behalf of the Construction Permit Nos. CPPR-126 and additional information and provided San Luis Obispo Mothers for Peace. The CPPR-127 permitting the construction of comments on the reports (References 1 Petitioner requested that the Units 1 and 2, respectively, on December and 9) which were transmitted to the Commission defer all licensing decisions 19,1974. Each Unit of the facility is a applicant in the form of questions by on the Diablo Canyon Nuclear Power pressurized water reactor, combining a N R C letter dated March 2,1984, Plant, Unit 1 until a number of specified Westinghouse Electric Company nuclear (Reference 2). actions were taken including, inter alia, steam supply system, located at the By a submittal dated April 23,1984, a comprehensive third-party applicant’s site in Somervell/Hood the applicant responded to the staff s reinspection of all safety-related Counties, Texas, approximately 40 miles questions (Reference 2) and provided a •equipment, an independent management southwest of Fort Worth, Texas. revision to the Reference 1 report audit and a full investigation of On February 27,1978, the applicant identified as Westinghouse Report questions of harassment. The Petitioner tendered an application for Operating WCAP-10527 (Reference 3). In a alleged numerous violations of Licenses for each Unit of the facility, separate submittal, also dated April 23, Commission requirements as the basis currently in the licensing review 1984, the applicant provided a value- for its request. The petitions were process, with Unit 1 licensing to occur in impact analysis which, together with the referred to the Director, Office of the near term. technical information contained in the Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices 35059

Reference 3 report, provided a exemption from the regulations would on both Westinghouse and Combustion comprehensive justification for be acceptable as an alternative for Engineering nuclear steam supply requesting a partial exemption from the resolution of USI A-2 for sixteen system main loop piping (Reference 8) requirements of G D C 4. facilities owned by eleven licensees in confirm that both the probability of From the deterministic fracture the Westinghouse Owner’s Group (one leakage (e.g., undetected flaw growth mechanics analysis contained in the of these facilities, Fort Calhoun has a through the pipe wall by fatigue) and the technical information furnished, the Combustion Engineering nuclear steam probability of a DEGB are very low. The applicant stated that the postulated supply system). This N R C staff position results given in Reference 8 are that the double-ended guillotine breaks (DEGB) was stated in Generic Letter 84-04, best-estimate leak probabilities for of the primary loop coolant piping will published on February 1,1984 Westinghouse nuclear steam supply not occur in Comanche Peak Units 1 and (Reference 4). The generic letter states system main loop piping range from 1.2 2 and, therefore, need not he considered that the affected licensees must justify x 10"8 to 1.5 x 10"7 per plant year and as a design basis for installing an exemption to G D C 4 on a plant- the best-estimate DEGB probabilities protective structures, such as pipe whip specific basis. Other PWR applicants or range from 1 x 1 0 '12 to 7 x 10~12 per restraints and jet impingement shields, licensees may request similar to guard against the dynamic effects plant year. Similarly, the best-estimate exemptions from the requirements of leak probabilities for Combustion associated with such postulated breaks. G D C 4 provided that they submit an Engineering nuclear steam supply By letter dated June 7,1984 (Reference acceptable technical basis for , 10), the applicant clarified the scope of system main loop piping range from 1 x eliminating the need to postulate pipe 10'8 per plant year to 3 x 10“ 8 per plant its request for exemption from G D C 4 breaks. requirements. Since the Westinghouse year, and the best-estimate DEGB The acceptance of an exemption was probabilities range from 5 x 10"14 to 5 x Report W CAP—10527 provided analyses made possible by the development of 10"13 per plant year. These results do not encompassing other structures in both advanced fracture mechanics affect core melt probabilities in any Comanche Peak Units 1 and 2, and technology. These advanced fracture significant way. seemed to be in conflict with the scope mechanics techniques deal with of the exemption requested in an earlier relatively small flaws in piping During the past few years it has also letter dated February 17,1984 components (either postulated or real) become apparent that the requirement (Reference 11), the applicant stated in and examine their behavior under for installation of large, massive pipe the Reference 10 letter that, although the various pipe loads. The objective is to. whip restraints and jet impingement analyses contained in the Report demonstrate by deterministic analyses shields is not necessarily the most cost WCAP-10527 encompassed relief from that the detection of small flaws by effective way to achieve the desired the need to install pipe break protective either inservice inspection or leakage level of safety, as indicated in Enclosure devices in both Units 1 and 2, the monitoring systems is assured long 2, Regulatory Analysis, to Reference 4. exemption being requested pertained before the flaws can grow to critical or Even for new plants, these devices tend solely to the installation of jet unstable sizes which could lead to large to restrict access for future inservice impingement shields associated with -break areas such as the DEGB or its inspection of piping; or if they are such breaks in eight (8) locations per equivalent. The concept underlying such, removed and reinstalled for inspection, loop in Comanche Peak Unit 1, as analyses is referred to as “ leak-before­ there is a potential risk of damaging the specified in Section 4.0 of the value- break” (LBB). There is no implication piping and other safety-related impact analysis submitted by the that piping failures cannot occur, but components in this process. If installed applicant’s letter dated April 23,1984. rather that improved knowledge of the in operating plants, high occupational Ill failuré modes of piping systems and the radiation exposure (ORE) would be application of appropriate remedial incurred while public risk reduction The Commission’s regulations require measures, if indicated, can reduce the would be very low. Removal and that applicants provide protective probability qf catastrophic failure to reinstallation for inservice inspection measures against the dynamic effects of insignificant values. also entail significant ORE over the life postulated pipe breaks in high energy Advanced fracture mechanics of a plant. fluid system piping. Protective measures technology was applied in topical include physical isolation from IV reports (References 5, 6 and 7) submitted postulated pipe rupture locations if to the staff by Westinghouse on behalf The primary coolant system of feasible or the installation of pipe whip of the licensees belonging to the USI Comanche Peak Units 1 and 2, described restraints, jet impingement shields or Ar-2 Owners Group. Although the topical in Reference 3, has four main loops each compartments. In 1975, concerns arose reports were intended to resolve the comprising a 33.9 inch diameter hot leg, as to the asymmetric loads on issue of asymmetric blowdown loads a 36.2 inch diameter crossover leg and pressurized water reactor (PWR) vessels that resulted from a limited number of 32.14 inch diameter cold leg piping. The and their internals which could result discrete break locations, the technology material in the primary loop piping is from these large postulated breaks at advanced in these topical reports cast stainless steel (SA 351 CF8A). In its discrete locations in the main primary demonstrated that the probability of review of Reference 3, the staff coolant loop piping. This led to the breaks occurring in the primary coolant evaluated the Westinghouse analyses establishment of Unresolved Safety system main loop piping is sufficiently with regard to: Issue (USI) A-2, “Asymmetric low such that these breaks need not be —The location of maximum stresses in Blowdown Loads on PWR Primary considered as a design basis for the piping, associated with the Systems.” requiring installation of pipe whip combined loads from normal The NRC staff, after several review restraints or jet impingement shields. meetings with the Advisory Committee The staffs Topical Report Evaluation is operation and the SSE; on Reactor Safeguards (ACRS) and a attached as Enclosure 1 to Reference 4. —Potential cracking mechanisms; meeting with the N R C Committee to Probabilistic fracture mechanics — Size of through-wall cracks that would Review Generic Requirements (CRGR), studies conducted by the Lawrence leak a detectable amount under concluded that for certain facilities an Livermore National Laboratories (LLNL) normal loads and pressure; 35060 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices

—Stability of a “leakage-size crack” and the critical-size crack to account for 1.45, and it can detect leakage of one (1) under normal plus SSE loads and the the uncertainties inherent in the gpm in one hour. The calculated leak expected margin in terms of load; analyses, and leakage detection rate through the postulated flaw is large —Margin based on crack size; and capability. A limit-load analysis may relative to the sensitivity of the —The fracture toughness properties of suffice for this prupose, however, an Comanche Peak plant leak detection thermally-aged cast stainless steel elastic-plastic fracture mechanics system. piping and weld material. (tearing instability) analysis is (4) The expected margin in terms of The N R C staffs criteria for evaluation preferable. load for the leakage-size crack under of the above parameters are delineated (6) The materials data provided normal plus SSE loads is within the in its Topical Report Evaluation, should include types of materials and bounds calculated by the staff in Section Enclosure 1 to Reference 4, Section 4.1, materials specificatons used for base 4.2.3 of Enclosure (1) to Reference 4. In “NRC Evaluation Criteria”, and are as metal, weldments and safe-ends, the addition, the staff found a significant follows: materials properties including the J-R margin in terms of loads larger than (1) The loading conditions should curve used in the analyses, and long­ normal plus SSE loads. include the static forces and moments term effects such as thermal aging and (5) The margin between the leakage- (pressure, deadweight and thermal other limitations to valid data (e.g. size crack and the critical-size crack J maximum, maximum crack growth). expansion) due to normal operation, and was calculated. Again, the results the forces and moments associated with V demonstrated that a significant margin the safe shutdown earthquake (SSE). exists and is within the bounds of Based on its evaluation of the analysis Section 4,2.3 of Enclosure 1 to Reference These forces and moments should be contained in Westinghouse Report 4. located where the highest stresses, WCAP-10527 (Reference 3), the staff (6) As an integral part of its review, coincident with the poorest material finds that the applicant has presented the staffs evaluation of the material properties, are induced for base an acceptable technical justification, properties data of Reference 9 is materials, weldments and safe-ends. addressing the above criteria, for not enclosed as Appendix 1 to this (2) For the piping run/systems under installing protective devices to deal with Exemption. In Reference 9, data for ten evaluation, all pertinent information the dynamic effects of large pipe (10) plants, including the Comanche which demonstrates that degradation or ruptures in the main loop primary Peak Units, are presented, and lower failure of the piping resulting from stress coolant system piping of Comanche bound or “worst case” materials corrosion cracking, fatigue or water Peak, Units 1 and 2. This finding is properties were identified and used in Hammer is not likely, should be predicated on the fact that each of the the analysis performed in the Reference provided. Relevant operating history parameters evaluated for Comanche 3 report by Westinghouse. The staffs should be cited, which includes system Peak is enveloped by the generic operational procedures; system or analysis performed by Westinghouse in upper bound of 3000 in-lb/in2 on the component modification; water Reference (5), and accepted by the staff applied J (refer to Appendix 1, page 6) chemistry parameters, limits and in Enclosure 1 to Reference 4. was not exceeded; the applied J for controls; resistance of material to Specifically: Comanche Peak in Reference 3 was various forms pf stress corrosion, and (1) The loads associated with the substantially less than 3000 in-lb/in2. performance under cyclic loadings. highest location in the main loop In view of the analytical results (3) A through-wall crack should be primary system piping are considerably presented in the Westinghouse Report postulated at the highest stressed lower than the bounding loads used by for Comanche Peak (Reference 3) and locations determined from (1) above. Westinghouse in Reference 5, or those the staffs evaluation findings related The size of the crack should be large established by the staff as limits (e.g., a above, the staff concludes that the enough so that the leakage is assured of moment of 42,000 in-kips in Enclosure 1 probability or likelihood of large pipe detection with adequate margin using to Reference 4). breaks occurring in the primary coolant the minimum installed leak detection (2) For Westinghouse plants, there is system loop of Comanche Peak Units 1 capability when the pipe is subjected to no history of cracking failure in reactor and 2 is sufficiently low so such that normal operational loads. primary coolant system loop piping. The such pipe breaks need not be considered (4) It should be demonstrated that the Westinghouse reactor coolant system as a design basis for requiring protective postulated leakage crack is stable under primary loop has an operating history devices. However, the pipe whip normal plus SSE loads for long periods which demonstrates its inherent restraints have already been installed in of time; that is, crack growth, if any, is stability. This includes a low Unit 1, and the applicant has limited the minimal during an earthquake. The susceptibility to cracking failure from scope of its exemption request to the margin, in terms of applied loads, should the effects of corrosion (e.g. installation of jet impingement shields in be determined by a crack stability intergranular stress corrosion cracking), Unit 1 only. The requested exemption analysis, i.e., that the leakage-size crack water hammer, or fatigue (low and high from G D C 4 is limited to exemption from will not experience unstable crack cycle). This operating history totals over the need to install jet impingement growth even if larger loads (larger than 400 reactor-years, including five plants shields at specified locations in Unit 1. design loads) are applied. This analysis each having 15 years of operation and 15 The staff also reviewed the value- should demonstrate that crack growth is other plants with over 10 years of impact analysis provided by the stable and the final crack size is limited, operation. applicant for not providing protective such that a double-ended pipe break (3) The results of the leak rate structures against postulated reactor will not occur. calculations performed for Comanche coolant system loop pipe breaks to (5) The crack size should be Peak, using an initial through-wall crack assure as low as reasonably achievable determined by comparing leakage-size are identical to those of Enclosure 1 to (ALARA) exposure to plant personnel. cracks to critical-size cracks. Under Reference (4). the Comanche Peak plant Consideration was given to design normal plus SSE loads, it should be has an R CS pressure boundary leak features for reducing doses to personnel demonstrated that there is adequate detection system which is consistent who must operate, service and maintain margin between the leakage-size crack with the guidelines of Regulatory Guide the Comanche Peak instrumentation, Federal Register / Vol, 49, No. 173 / Wednesday, September 5, 1984 / Notices 35061 controls, equipment, etc. Normally, Additional Information Concerning Leak- specified by the provisions of 10 CFR facilities and equipment are designed to Before-Break Analysis for Comanche Peak 50.55a(b) to Wisconsin Electric Power save person-rems; however, the Steam Electric Station (Units 1 and 2)," dated March 2,1984. Company (the licensee), for the Point Comanche Peak value-impact analysis Beach Nuclear Plant Unit No. 1, located shows that the addition of protective (3) Westinghouse Report WCAP-10527, "Technical Bases for Eliminating Large in the Town of Two Creeks, Manitowoc devices for R C S pipe breaks will cost Primary Loop Pipe Rupture as the Structural County, Wisconsin. about 2 person-rems annually due to the Design Basis for Comanche Peak Units 1 and slowing down of normally anticipated 2,” April 1984, Westinghouse Class 2 Environmental Assessment work, and increasing the scope of proprietary. Identification of Proposed Action routine maintenance in radiation areas (4) NRC Generic Letter 84-04, “Safety that would be involved. The analysis Evaluation of Westinghouse Topical Reports The action would provide relief from provides a reasonable estimate for this Dealing with Elimination of Postulated the requirement to perform surface additional radiological cost. In view of Breaks in PWR Primary Main Loops,” February 1,1984. examinations of the safety injection the very low probability of pipe breaks (5) Mechanistic Fracture Evaluation of reducer-to-safe end welds as required at the specified locations covered by Reactor Coolant Pipe Containing a Postulated by Section XI of the A SM E Boiler and this exemption, the reduction of Circumferential Throughwall Crack, W ÇAP- Pressure Vessel Code which has been occupational exposure resulting from 9558, Rev. 2, May 1981, Westinghouse Class 2 incorporated by reference in the this exemption outweighs the potential proprietary. requirements of 51 CFR 50.55a relating accident exposure reduction that might (6) Tensile and Toughness Properties of to Inservice Inspection of Safety Related result from installation of the jet Primary Piping Weld Metal for Use in Components. Volumetric examinations impingement barriers. Mechanistic Fracture Evaluation, WCAP- of these welds would be performed 9787, May 1981, Westinghouse Class 2 VI proprietary. every 10 years as required. (7) Westinghouse Response to Questions In view of the staffs evaluation The Need for the Proposed Action and Comments Raised by Members of ACRS findings, conclusions, and Subcommittee on Metal Component During The proposed relief is required recommendation above, the Commission the Westinghouse Presentation on September because surface examinations of these has determined that, pursuant to 10 CFR 25,1981, Letter Report NS-EPR-2519, E.P. welds are not possible due to the 50.12(a), this Exemption is authorized by Rahe to Darrell G. Eisenhut, November 10, inaccessibility of the weld surfaces. The law and will not endanger life or 1981, Westinghouse Class 2 proprietary. welds are located between the reactor property or the common defense and (8) Lawrence Livermore National vessel and the biological shield wall. security, and is otherwise in the public Laboratory Report, UCRL-86249, "Failure interest. The Commission hereby Probability of PWR Reactor Coolant Loop Piping,” by T. Lo, H.H. Woo, G. S. Holman Environmental Impacts of the Proposed approves the requested limited 0 and C.K. Chou, February 1984 (Preprint of a A ction exemption from G D C 4 of Appendix A paper intended for publication). The proposed relief is allowed by the to 10 CFR Part 50, to permit the licensee (9) Westinghouse Report WCAP-10456, provisions of 10 CFR 50.55a(g)(6)(i) not to install jet impingement shields “The Effects of Thermal Aging on the associated with postulated pipe breaks Structural Integrity of Cast Stainless Steel where the tests or examinations of the eight (8) locations per loop in the Piping for Westinghouse Nuclear Steam required by the code are determined Comanche Peak Unit 1 primary coolant Supply Systems,” November 1983, impractical to perform. A s the surfaces system, as specified in Section 4.0 of the Westinghouse Class 2 proprietary. of the welds in question are value-impact analysis submit by the (10) Texas Utilities Generating Company inaccessible, a surface examination has TXX-4197, applicant’s letter dated April 23,1984. le'tter “Request for Partial been determined by the licensee and Exemption” (H.C. Schmidt to B.J. evaluated by the Commission as This Exemption does not pertain to the Youngblood) dated June 7,1984. impractical to perform. The staff has installation of pipe whip restraints, (11) Texas Utilities Generating Company already installed in Unit 1, or to the letter TXX-4118, “Request for Partial determined that the required volumetric installation of pipe whip restraints and Exemption,” (R.J. Gary to B.J. Youngblood) inspection of the welds once every 10 jet impingement shields in Comanche dated February 17,1984. years will provide adequate assurance of the structural integrity of the welds. Peak Unit 2. The portion of the request References Unit 2 will be dealt with in a separate Identical relief to that requested for Unit NRC action. Note.—Non-Proprietary versions of 1 was provided for Point Beach Unit 2 References 1,3, 5, 6, 7 and 9 are available in by the Commission’s Safety Evaluation The Commission has determined that the NRC Public Document Room as follows: the issuance of the exemption will have (1) MT-SME-3136, (3) W C A P 10528, (5) and letter of March 29,1984. no significant environmental impact on W CAP 9570, (6) W CAP 9788, (7) Non­ Consequently, as the Commission has the environment (49 FR 33945). proprietary version attached to the Letter determined that the welds will retain Dated at Bethesda, Maryland this 28th day Report, (9) W CAP 10457. adequate structural integrity utilizing the of August 1984. [FR Doc. 84-23451 Filed 9-4-84; 8:45 am] licensee’s proposed alternate For the Nuclear Regulatory Commission. BILLING CODE 7590-01-M examination (volumetric examination Frank Miraglia, once every 10 years), the probability of weld failure has not been increased Deputy Director, Division of Licensing, Office [Docket No. 50-266] of Nuclear Reactor Regulation. significantly and the consequences of References Wisconsin Electric Power Co.; post-weld failure radiological releases Environmental Assessment and will not be greater than previously (1) Westinghouse Report MT-SME-3135, determined nor does the requested relief “Technical Bases for Eliminating Large Finding of No Significant Impact Primary Loop Pipe Ruptures as the Structural otherwise affect radiological plant Design Basis for Comanche Peak Unit 1 and The U.S. Nuclear Regulatory effluents. Therefore, the Commission 2,” October 1983, Westinghouse Class 2 Commission (the Commission) is has determined that there are no proprietary. considering issuance of relief from the significant radiological environmental (2) Letter to R.J. Gary of Texas Utilities requirements of Section XI of the A SM E impacts associated with the requested Generating Company, “Request for Boiler and Pressure Vessel Code as relief. 35062 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices

With regard to potential non- The Subcommittee will continue the the Advisory Panel for the radiological impacts, the requested relief review of the General Electric Standard Decontamination of Three Mile Island involves features located entirely within Safety Analysis Report to extend the Unit 2 (TMI-2) will be meeting on the restricted area as defined in 10 CFR Final Design Approval so that it will be September 19,1984, from 7:00 p.m. to Part 20. It does not affect non- applicable to future plants. This meeting 10:00 p.m. at the Holiday Inn, 23 South. radiological plant effluents and has no is expected to be the first in a series of Second Street, Harrisburg, Pennsylvania other non-radiological environmental meetings to review G E SSA R II. This 17101. The meeting will be open to the impact. Therefore, the Commission has meeting will tentatively address public. determined that there are no significant deterministic/standard review plan type At this meeting the Panel will receive non-radiological environmental impacts issues which win be covered in the a presentation from the N R C staff on the associated with the requested relief. Staffs August 1984 SER, Supplement 2 staffs findings relative to the issue of (NUREG-0979). Other topics to be Alternative Use of Resources alleged harassment by the licensee’s discussed may include the G ESSA R management of specific individuals in This action involves no use of evolution, evaluations of unresolved the employment of G P U N C over issues resources not considered in the Final safety issues, generic items, and new of health and safety. The Panel will then Environmental Statement (construction design features. Meetings to review the hold a general discussion on alleged permit and operating license) for the severe accident probabilistic risk harassment of employees by Point Beach Nuclear Plant Unit No. 1. asessment will be scheduled later. management over issues of health and Oral statements may be presented by Agencies and Persons Consulted safety at TMI-2. The licensee will also members of the public with concurrence provide the Panel with an update on The N R C staff reviewed the licensee’s of the Subcommittee Chaifman; written anticipated funding of the cleanup effort request and did not consult other statements will be accepted and made for calendar year 1985 and beyond. The agencies or persons. available to the Committee. Recordings Panel will report on any issues relative Finding of No Significant Impact will be permitted only during those to the TMI-2 cleanup effort contained in portions of the meeting when a specific TMI-1 restart N R C Commission The Commission has determined not transcript is being kept, and questions Meeting transcripts. to prepare an environmental impact may be asked only by members of the Further information on the meeting statement for the requested relief. Subcommittee, its consultants, and Staff. Based upon the foregoing may be obtained from Dr. Michael T. Persons desiring to make oral Masnik, Three Mile Island Program environmental assessment, we conclude statements should notify the A C R S Office, U.S. Nuclear Regulatory that the proposed action will not have a member named below as far in advance significant effect on the quality of the Commission, Washington, DC 20555, as practicable so that appropriate telephone 301/492-7466. human environment. arrangements can be made. For further details with respect to this During the initial portion of the Dated: August 29,1984 action, see the application for relief meeting, the Subcommittee, along with John C. Hoyle, dated January 13,1983, which is any of its consultants who may be. Advisory Committee Management Officer. available for public inspection at the present, will exchange preliminary [FR Doc. 84-23449 Filed 9-4-84; 8:45 am] Commission’s Public Document Room, views regarding matters to be BILUNG CODE 7590-01-M 1717 H Street N.W., Washington, D.C., considered during the balance of the and at the Joseph P. Mann Public meeting. Library, 1516 Sixteenth Street, Two The Subcommittee will then hear SECURITIES AND EXCHANGE Rivers, Wisconsin. presentations by and hold discussions COMMISSION Dated at Bethesda, Maryland, this 27th day with representatives of the N R C Staff, of August 1984. their consultants, and other interested Forms Under Review of Office of For the Nuclear Regulatory Commission. persons regarding this review. Management and Budget Gus C. Lainas, Further information regarding topics to be discussed, whether the meeting Agency Clearance Officer: Kenneth A. Acting Director, Division of Licensing, Office Fogash, (202) 272-2142. of Nuclear Reactor Regulation. has been cancelled or rescheduled, the Chairman’s ruling on requests for the Upon Written Request Copy |FR D oc. 84-23452 Filed 9-4-84; 8:45 am) opportunity to present oral statements Available From: Securities and BILLING CODE 7590-01-M and the time allotted therefor can be Exchange Commission, Office of obtained by a prepaid telephone call to Consumer Affairs, Washington, D.C. Advisory Committee on Reactor the cognizant A C R S member, Mr. 20549. Safeguards, Subcommittee on Richard Major (telephone 202/634-1413) Extension of Approval: Farm S-14, No. GESSAR II; Meeting between 8:15 a.m. and 5:00 p.m., EDT. 270-65. Notice is hereby given that pursuant Dated: August 30,1984. The ACRS Subcommittee on GESSAR to the Paperwork Reduction Act of 1980 Morton W. Libarkin, II will hold a meeting on September 20 (35 U .S.C. 3501 et seq.), the Securities and 21,1984, at the Bayview Plaza Assistant Executi ve Director for Project and Exchange Commission has Review . | Holiday Inn (213/399-9344), 530 Pico submitted for extension of clearance Blvd., Santa Monica, CA. (FR Doc. 84-23450 Filed 9-4-84; 8:45 am] Form S-14, Securities Act of 1933 The entire meeting will be open to BILUNG CODE 7590-01-M registration form for securities to be public attendance. offered in certain transactions under ' The agenda for subject meeting shall Advisory Panel for the Securities Act Rule 145. The form be as follows: provides a basis for the Commission to Thursday, September 20,1984-8:30 Decontamination of Three Mile Island, Unit 2; Meeting fulfill its statutory responsibility of a.m. until the conclusion of business. requiring the filing of a registration Friday, September 21,1984—8:30 a.m. Notice is hereby given pursuant to the statement making publicly available until the conclusion of business. Federal Advisory Committee Act that information regarding such securities. Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices 35063

Submit comments to OM B Desk are referred to the application on file market, even over a period of time. Officer: Ms. Katie Lewin, (202] 395-7231, with the Commission for a statement of Further, any such sales in the market Office of Information and Regulatory the representations contained therein, could depress the market value of Affairs, Room 3235 NEOB, Washington, which are summarized below, and to the Applicant’s stock for a considerable D .C .20503. Act for the text of section 23(c)(3). period of time. According to Applicant, Shirley E. Hollis, According to the application, Marshall during the 16 months ending April 30, Acting Secretary. & Ilsley Corporation (“M&I"), a bank 1984, the high bid price for its stock was August 23,1984. holding company, and constituent bank $3.50, and the low bid price was $2.37. [FR Doc. 84-23413 Filed 9-4-84; 8:45 amj corporations owned by it own 145,800 At December 31,1983, the net asset BILUNG CODE 8010-01-M shares of Applicant’s common stock (the value per share of the Applicant’s “M&I Shares"), which constitutes 22% of Common Stock was $6.69, and at April Applicant’s outstanding common stock. 30,1984, the net asset value per share of Forms Under Review of Office of M&I has formed its own venture capital Applicant’s common stock was $6.88. Management and Budget firm which will operate in the same Accordingly, Applicant submits that it Agency Clearance Officer: Kenneth A. general geographic market area as and its remaining shareholders will Fogash, (202) 272-2142. Applicant, and believes that its benefit from the proposed transactions Upon Written Request Copy continued ownership of the M&I Shares because the purchase price will not Available From: Securities and may create conflict of interest situations. cause the dilution of the interest of other Exchange Commission, Office of Accordingly, M&I has entered into an shareholders, but will, instead, enhance Consumer Affairs, Washington, D .C. agreement with Applicant whereby their equity by the amount of the 20549. Applicant will repurchase the M&I discount. Shares at a price of $2.00 per share. Extension of Approval: Form S-15, No. Notice is further given that any Geuder, Paeschke & Frey Company 270-66. interested person wishing to request a (“GPF”) is the owner of record of 56,648 Notice is hereby given that pursuant hearing on the application may, not later shares of Applicant’s common stock (the to the Paperwork Reduction Act of 1980 than September 21,1984, at 5:30 p.m., do “GPF Shares”) which constitutes 8.6% of (35 U.S.C. 3501 et seq.), the Securities so by submitting a written request the outstanding common stock. These and Exchange Commission has setting forth the nature of his interest, shares were pledged by GPF to the submitted for extension of clearance the reasons for his request, and the Harris Trust & Savings Bank of Chicago, Form S-15, Securities Act of 1933 specific issues, if any, of fact or law that Illinois (“Harris Trust”). GPF, a registration form for registration of are disputed, to the Secretary, Securities Wisconsin corporation, is currently securities to be offered in certain and Exchange Commission, Washington, having its assets liquidated by a trustee business combination transactions. The D .C. 20549. A copy of the request should under Chapter VII of the Federal form provides a basis for the be served personally or by mail upon bankruptcy laws. In connection with the Commission to fulfill its statutory Applicant at the address stated above. liquidation proceedings, the trustee and responsibility of requiring the filing of a Proof of service (by affidavit or, in the Harris Trust advised Applicant that they registration statement making publicly ' case of an attomey-at-law, by were interested in disposing of the GPF available information regarding such certificate) shall be filed with the Shares. Thereafter, the parties agreed securities. request. After said date an order that the Applicant would purchase the Submit comments to OM B Desk GPF Shares for $2.00 per share. disposing of the application will be Officer: Ms. Katie Lewin, (202] 395-7231, Applicant represents that no issued unless the Commission orders a Office of Information and Regulatory brokerage commission is being paid by hearing upon request or upon its own Affairs, Room 3235 NEOB, Washington, Applicant in connection with the two motion. D.C. 20503. proposed purchases: the proposed For the Commission, by the Division of Shirley E. Hollis, transactions have been approved by its Investment Management, pursuant to Acting Secretary. directors, including a majority of the delegated authority. August 23,1984. directors who are not interested in the Shirley E. Hollis, (FR Doc. 84-23412 Filed 9-4-84; 8 :4 5 am] transactions; and the proposed Assistant Secretary. BILLING CODE 8010-01-M transactions are permitted under [FR D o c. 84-23419 Filed 9-4-84; 8.-45 am] Wisconsin corporate law. Additionally, BILLING CODE 8010-01-M [Release No. 14111; 812-5869 ] Applicant represents that it has sufficient idle funds to pay for the M&I Capital Investments, Inc.; Application Shares and the GPF Shares without in [Release No. 14114; 811-3184] for an Order any way adversely affecting its business position. Continental Assurance Co.; CNA August 28,1984. Applicant submits that the proposed Variable Account; Filing of Application Notice is hereby given that Capital transactions are in the best interests of Investments, Inc. (“Applicant”], 744 Applicant and its shareholders and that August 28,1984. North Fourth Street, Suite 400, the proposed purchases are being made Notice is hereby given that Milwaukee, Wisconsin 53203, a closed- in a manner and on a basis which do not Continental Assurance Company CNA end internally managed investment unfairly discriminate against any Variable Account (“Applicant”), CNA company, filed an application on June 8, holders of its common stock. Applicant Plaza, Chicago, Illinois, 60685, an open- 1984 for an order pursuant to section states that although its common stock is end, diversified management company 23(c](3] of the Investment Company Act traded over-the-counter, the market is registered under the Investment of 1940 ("Act”) permitting Applicant to thin and there is actually little trading. It Company Act of 1940 (the “Act”), filed repurchase certain of its shares from would be difficult for either M&I or GPF an application on March 9,1984, two shareholders. A ll interested persona to dispose of Applicant’s stock in the pursuant to section 8(f) of the Act, for an 35064 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices order declaring that Applicant has [Release No. 14117; 812-5917] into account such factors as current ceased to be an investment company. charge levels, existence of charge level All interested persons are referred to the Great-West Life & Annuity Insurance guarantees, and guaranteed annuity application on file with the Commission Co., et al.; Filing of Application rates. They further represent that the for a statement of the representations August 29,1984. data supporting and setting forth this contained therein, which are Notice is hereby-given that Great- conclusion will be maintained on file at summarized below. West Life and Annuity Insurance GWL&A’s administrative offices. Applicants acknowledge that some The application states that the Company (“GWL&A”), 1675 Broadway, portion of the mortality and expense Applicant filed a registration statement Denver, Colorado, 80202, and Maxim risk charge may be utilized to meet sales which became effective on October 22, Series Account (“Series Account”), a expenses which exceed the contingent 1982, but that no public offering of the separate account of GWL&A registered under the Investment Company Act of deferred sales charge which may be contracts has commenced. The imposed. In this connection, GW L&A Applicant states that it has one security 1940 (“A ct” ) as a unit investment trust (collectively “Applicants”), filed an represents that it has concluded that holder, Continental Assurance there is a reasonable likelihood that the Company, and that final distribution of application on August 14,1984 for an order pursuant to section 6(c) of the Act Series Account’s distribution financing its assets will be made shortly after granting exemptions from the above arrangement will benefit the Account entry of a formal deregistration by the referenced provisions of the Act to the and contractowners and that it will Commission. The Committee of the extent necessary to permit transactions maintain and make available to the Applicant resolved on March 5,1982 described in the application. All Commission upon request a that the form be prepared and all other interested persons are referred to the memorandum setting forth the basis for actions necessary or appropriate to application for the complete this representation. The Series Account obtain an order from the Commission representations of the Applicants, which represents that it will invest only in declaring that the Applicant has ceased are summarized below, and are referred open-end management which have to be an investment company be taken. to the Act for a statement of the relevant undertaken to have a board of directors Notice is further given that any provisions. with a disinterested majority formulate interested person may, not later than Applicants propose that they be and approve any plan under Rule 12b-l September 21,1984, at 5:30 p.m., submit granted an exemption from sections to finance distribution expenses. to the Commission in writing a request 26(a) and 27(c)(2) to allow as a Notice is further given that any for a hearing on the application deduction from the contract value a interested person wishing to request a accompanied by a statement as to the daily charge for expense risks equal on hearing on the application may, not later nature of his interest, the reason for an annual basis to .40% of daily net than September 21,1984, at 5:30 p.m., do such request, and the issues, if any, of assets. Applicants were previously so by submitting a written request fact or law proposed to be controverted, granted an order of exemption setting forth the nature of his interest, the reasons for this request, and the or he may request that he be notified if (Investment Company Act Release No. specific issues, if any, of fact or law that the Commission shall order a hearing 12392, April 21,1982) permitting a are disputed, to the Secretary, Securities thereon. Any such communication deduction from the contract value of a and Exchange Commission, Washington, should be addressed: Secretary, daily charge for expense risks equal on an annual basis to .25% of daily net D .C. 20549. A copy of the request should Securities and Exchange Commission, assets. The purpose of this application is be served personally or by mail upon Washington, D .C. 20549. A copy of such to obtain exemptive relief for the Applicants at the address stated above. request shall be served personally or by additional expense risk charge of .15%. Proof of service (by affidavit or, in the mail upon Applicant at the address Applicants represent that the increased case of an attorney-at-law, by stated above. Proof of such service (by expense risk charge is intended to certificate) shall be filed with the affidavit or, in the case of an attorney- compensate them for greater costs in request. After said date an order at-law, by certificate) shall be filed administering the contracts due to two disposing of the application will be contemporaneously with the request. As new features of the contracts which issued unless the Commission orders a provided by Rule 0-5 of the Rules and allow for additional purchase payments hearing upon request or upon its own Regulations promulgated under the Act, to be made throughout the accumulation motion. an order disposing of the application period and which lower the minimum For the Commission, by the Division of will be issued as of course following amount of any such additional payment. Investment Management, pursuant to said date unless the Commission The higher expense risk charge will delegated authority. thereafter orders a hearing upon request apply only to contracts issued after the Shirley E. Hollis, or upon the Commission’s own motion. effective date of a post-effective Acting Secretary. Persons who request a hearing, or amendment to the Series Account’s [FR Doc. 84-23411 Filed 9-4-84; 8:45 am| advice as to whether a hearing is registration statement authorizing the BILLING CODE 8010-01-M ordered, will received any notices and higher charge. orders issued in this matter, including Applicants assert that the mortality the date of the hearing (if ordered) and and expense risk charge (which would [Release No. 23402; 70-7007] any postponements thereof. be equal on an annual basis to 1.40% of daily net assets) is consistent with the Vermont Yankee Nuclear Power Corp.; For the Commission, by the Division of protection of investors standard set Proposal to Issue and Sell Short-Term Investment Management, pursuant to forth in section 6(c) as it is reasonable delegated authority. Notes to Banks as determined by industry practice with Shirley E. Hollis, respect to comparable annuity products. Vermont Yankee Nuclear Power Acting Secretary. Applicants represent that they have Corporation ("Company”), R.D. 5, Ferry |FR Doc. 84-23415 Filed 9-4-84; 8:45 am| reviewed publicly available information Road, Box 169, Brattleboro, Vermont, BILLING CODE 8010-01-M about similar industry practices, taking 05301 a nuclear power generating Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices 35065

subsidiary of New England Electric service by (affidavit or, in case of an action is necessary or appropriate in the System and Northeast Utilities, attorney at law, by certificate) should be public interest, for the protection of registered holding companies, has filed With the request. Any request for a investors, or otherwise in furtherance of proposed a transaction pursuant to hearing shall identify specifically the the purposes of the Act. sections 6 and 7 of the Public Utility issues of fact of law that are disputed. A Interested persons are invited to Holding Company Act of 1935 and Rule person who so requests will be notified submit written data, views and 50(a)(2) thereunder. of any hearing, if ordered, and will arguments concerning the submission The Company currently maintains receive a copy of any notice or order within 21 days after the date of lines of credit with banks aggregating issued in this matter. After said date, the publication in the Federal Register. $16 million, which are authorized under proposal, as filed or as it may be Persons desiring to make written the Commission’s current order through amended, may be authorized. comments should file six copies thereof August 31,1984. As of June 30,1984, the with the Secretary of the Commission, Company had $770,000 outstanding For the Commission, by the Office of Public Utility Regulation, pursuant to delegated Securities and Exchange Commission, under those lines. As of that date, 5% of authority. 450 5th Street, NW., Washington, D.C. the principal amount and par value of Shirley E. Hollis, the other securities of the Company 20549. Reference should be made to File equaled $7.3 million. A ssistant Secretary. No. SR-Phlx-84-16. During the balance of 1984,1985, and [FR Doc. 84-23416 Filed 9-1-84; 8:45 am] Copies of the submission, all early 1986, the Company will be BILLING CODE 8010-01-M subsequent amendments, all written receiving shipments of uranium for statements with respect to the proposed ultimate fabrication into nuclear fuel for rule change which are filed with the [Release No. 21277; File No. SR-Phlx-84- Commission, and all written its reactor and will be making 16] substantial capital improvements, which communications relating to the proposed could necessitate payments exceeding Self-Regulatory Organizations; Filing rule change between the Commission the aggregate credit available under the and Immediate Effectiveness of and any person, other than those which Company’s Nuclear Fuel Sale Proposed Rule Change by Philadelphia may be withheld from the public in Agreement (HCAR No. 22255, October Stock Exchange, Inc. accordance with the provisions of 5 30,1981) and the Eurodollar Credit U.S.C. 552, will be available for Facility (HCAR No. 23270, April 3,1984). Pursuant to Section 19(b)(1) of the inspection and copying at the Therefore, it proposes to maintain with Securities Exchange Act of 1934 (the Commission’s Public Reference Room, banks its lines at a maximum of $16 “A ct”), 15 U .S.C. 78s(b)(l), notice is 450 5th Street, NW., Washington, D.C. million. Borrowings under the lines of hereby given that on August 17,1984, the Copies of the filing and of any credit will be evidenced by the Philadelphia Stock Exchange, Inc. subsequent amendments also will be Company’s promissory notes, maturing (“Phlx”) filed with the securities and available for inspection and copying at up to 360 days after their date of issue Exchange Commission the proposed rule the principal office of the above- and bearing interest at a rate of interest change as described herein. The mentioned self-regulatory organization. not greater than each lender’s prime rate Commission is publishing this notice to For the Commission, by the Division of plus 0.25%. Certain of the banks require solicit comments on the proposed rule Market Regulation pursuant to delegated the Company to maintain compensatory change from interested persons. authority. balances or pay commitment fees equal The Phlx proposes to amend Shirley E. Hollis, to not more than 7% or 0.75%, Regulation 4 of its Regulation and Acting Secretary. respectively, of the lines and other bank Assessment Schedule enacted under [FR Doc. 84-23414 Filed 9-4-84; 8:45 am] lenders may require similar Phlx Rule 60 to include in the Exchange BILUNG CODE 8010-01-M arrangements. Assuming full borrowings prohibition against fighting on the under the lines and a prime rate of 13% trading floor “any other form of physical per annum, the maximum effective costs abuse” which technically may not be Self-Regulatory Organizations; of borrowings would be 13,98%. considered fighting. In addition, the Cincinnati Stock Exchange; Therefore, the Company is seeking Exchange proposes to assess the $500 Applications for Unlisted Trading Commission authorization for these fine under the current regulation for all Privileges and of Opportunity for short-term borrowings (which would such disorderly conduct. Under the Hearing exceed 5% of the principal amount and proposed amendment, members or par value of other securities of the employees of members would be subject August 28,1984. Company) During the period extending to a $500 fine for every instance of The above named national securities to February 28,1986. The Company fighting or any other form of physical exchanges has filed applications with presently anticipates that these abuse on the trading floor. According to the Securities and Exchange borrowings will be repaid during such the Exchange, the proposed rule change Commission pursuant to section period by internally generated funds or is based on Section 19(d) of the Act, and 12(f)(1)(B) of the Securities Exchange by permanent financing. specifically on paragraph (c) of Rule Act of 1934 and Rule 12f-l thereunder, The proposal and any amendments 19d-l thereunder, in that it amends a for unlisted trading privileges in the thereto are available for public Phlx rule relating to personal decorum following stocks: inspection through the Commission’s on the trading floor. Adams-Millis Corporation Office of Public Reference. Interested The foregoing change has become Common Stock, Par Value (File No. 7 - persons wishing to comment or request effective, pursuant to Section 19(b)(3)(A) 7817) a hearing should submit their views in of the Act and subparagraph f e) of Rule ALLTEL Corporation writing by September 21,1984 to the 19b-4 under the Act. At any time within Common Stock, $1.00 Par Value (File Secretary, Securities and Exchange 60 days of the filing of such proposed No. 7-7818) Commission, Washington, D .C. 20549, rule change, the Commission may Baimco Corporation 8erve a copy on the applicant at the summarily abrogate such rule change if Common Stock, $.10 Par Value (File address specified, above. Proof of it appears to the Commission that such * No. 7-7819) 35066 Federal Register / Vol. 49, No. 173 / Wednesday, September 5, 1984 / Notices

Buttes Gas & Oil Co. Tyler Corporation to it, that the extensions of unlisted Common Stock, $.10 Par Value (File Common Stock, $.10 Par Value (File trading privileges pursuant to such No. 7-7820) No. 7-7843) applications are consistent with the Carter Hawley Hale Stores, Inc. Unitrode Corporation maintenance of fair and orderly markets Common Stock, $5.00 Par Value (File Common Stock, $.20 Par Value (File and the protection of investors. No. 7-7821) No. 7-7844) For the Commission, by the Division of Clevepak Corporation Wheeling-Pittsburgh Steel Corporation Market Regulation, pursuant to delegated Common Stock, $1.00 Par Value (File Common Stock, $10.00 Par Value (File authority. No. 7-7822) No. 7-7845) Commonwealth Energy System Winn-Dixie Stores, Inc. Shirley E. Hollis, Common Stock, $4.00 Par Value (File Common Stock, $1.00 Par Value (File Assistant Secretary.

No. 7-7823) No. 7-7846 [FR D o c. 84-23418 Filed 9-<4-84; 8:45 am) Compugraphic Corporation Valley Industries, Inc. BILLING CODE 8010-01-M Common Stock, $.05 Par Value (File Common Stock, $.01 Par Value (File No. 7-7824) No. 7-7847) CP National Corporation Zurn Industries, Inc. Common Stock, $2.50 Par Value (File Common Stock, $.50 Par Value (File Self-Regulatory Organizations; No. 7-7825) No. 7-7848) Midwest Stock Exchange, Inc.; Crane Co. Aeronica, Inc. Application for Unlisted Trading Common Stock, $6.25 Par Value (File Common Stock, $1.00 Par Value (File Privileges and of Opportunity for No. 7-7826) No. 7-7849) Hearing Dennision Manufacturing Company Audiotronics Corporation Common Stock, $1.00 Par Value (File Common Stock, $1.00 Par Valué (File The above named national securities No. 7-7827) No. 7-7850) exchange has filed an application with Financial Corporation of Santa Barbara R.G. Barry Corporation the Securities and Exchange Common Stock, $1.00 Par Value (File Common Stock, $1.00 Par Value (File Commission pursuant to Section No. 7-7828) No. 7-7851) 12(f)(1)(B) of the Securities Exchange First City Properties, Inc. Canadian Marconi Company Act of 1934 and Rule 12f-l thereunder, Common Stock, $.10 Par Valúe (File Common Stock, Par Value (File No. 7- for unlisted trading privileges in the No. 7-7829) 7852) common stock of: Hawaiian Electric Industries, Inc. Custom Energy Services, Inc. Entex Energy Development, Ltd. Common Stock, $6-% Par Value (File Common Stock, $.01 Par Value (File Depositary Units (File No. 7-7815) No. 7-7830) No. 7-7853) Interstate Power Co. Kinark Corporation McLean Industries, Inc. Common Stock, $3.50 Par Value (File Common Stock, $.10 Par Value (File Warrants to Purchase Common Stock No. 7-7831) No. 7-7854) (File No. 7-7816) Measurex Corporation Lake Shore Mines Ltd. Common Stock, Par Value (File No; 7- This security is listed and registered Common Stock, $1.00 Par Value (File 7832) on one or more other national securities No. 7-7855) Mohasco Corporation exchange and is reported on the Marshall Industries Common Stock, $5.00 Par Value (File consolidated transaction reporting Common Stock, $1.00 Par Value (File No. 7-7833) system. No. 7-7856) Moore McComack Resources, Inc. Interested persons are invited to Restaurant Associates Industries, Inc. Common Stock, $2.50 Par Valué (File Common Stock, $1.00 Par Value (File submit on or before September 19,1984, No. 7-7834) No. 7-7857) written data, views and arguments Outboard Marine Corporation concerning the above—referenced Common Stock, $.30 Par Value (File Teleflex Incorporated Common Stock, $1.00 Par Value (File application. Persons desiring to make No. 7-7835) written comments should file three Plantronics, Inc. No. 7-7858) Total Petroleum.(North America) Ltd. copies thereof with the Secretary of the Common Stock, Par Value (File No. 7- Securities and Exchange Commission, 7836) Common Stock, Par Value (File No. 7- Washington, D.C. 20549. Following this Publicker Industries, Inc. 7859) opportunity for hearing, the Commission Common Stock, $5.09 Par Value (File These securities are listed and No. 7-7837) registered on one or more other national will approve the application if it finds, Pueblo -International, Inc. securities exchange and are reported in. based upon all the information available Common Stock, $1.00 Par Value (File the consolidated transaction reporting to it, that the extension of unlisted No. 7-7838) system. trading privileges pursuant to such Purolator Courier Interested persons are invited to application is consistent with the Common Stock, $.22-% Par Value submit on or before September Í 9 ,1984, maintenance of fair and orderly markets (File No. 7-7839) written data, views and arguments and the protection of investors. Reichhold Chemicals, Irle; concerning the above-referenced Common Stock, $1.00 Par Value (File applications. Persons desiring to make For the Commission, by the Division of No. 7-7840) written comments should file three, Market Regulation, pursuant to delegated authority. j RLC Corp. copies thereof with the Secretary of the Common Stock, $1.00 Par Value (File Securities and Exchange Commission, Shirley E. Hollis, No. 7-7841) Washington, D.C. 20549. Following this Assistant Secretary. Ronson Corporation opportunity for hearing, the Commission Common Stock, $1.00 Par Value (File will approve the application if it finds, (FR Doc. 84-23417 Filed 9-4-84: 8:45 am| No. 7-7842) » based upon all the information available BILLING CODE 8010-01-M Federal Register / Voi, 49, No. 173 / Wednesday, September 5, 1984 / Notices 35067

DEPARTMENT OF TRANSPORTATION Motor Vehicle Safety Standard No. 120, herein described is inconsequential as it Tire Selection and Rims for Motor Office of the Secretary relates to motor vehicle safety, and its Vehicles Other Than Passenger Cars. petition is hereby granted. Minority Business Resource Center The basis of the petition was that the The engineer and lawyer primarily Advisory Committee; Meeting noncompliance is inconsequential as it responsible for this notice are A.Y relates to motor vehicle safety. Casanova and Taylor Vinson, Pursuant to section 10(a)(2) of the Paragraph §5.2 (a), (b), and (c) of respectively. Federal Advisory Committee Act (Pub. Standard No. 120 require rims on L 92-463; 5 U.S.C. App. 1), notice is vehicles other than passenger cars to be (Sec. 102, Pub. L 93-42, 88 Stat. 1470 (15 hereby given of a meeting of the U.S.C. 1417); delegations of authority at 49 marked with the designation indicating CFR 1.50 and 49 CFR 501.8) Minority Business Resource Center the rim’s published source of nominal Issued: August 29,1984. Advisory Committee to be held dimensions, rim size designation, and September 27,1984, at 9:30 a.m. until the symbol DOT, constituting a Barry Felrice, 1:00 p.m. in Room 8334 at the certification by the manufacturer of the Associate Administrator for Rulemaking. Department of Transportation, 400 7th rim that the rim complies with all [FR Doc. 84-23431 Filed 9 4 84; 8:45 am] Street, SW „ Washington, D .C. 20590. applicable Federal motor vehicle safety BILLING CODE 4910-5941 The agenda for the meeting is as standards. Noncompliances with these follows: requirements exist on 1173 Isuzu —Technical amendment to MBE rule on Trooper and Trooper II multi-purpose UNITED STATES INFORMATION suspension and debarment passenger vehicles and trucks, covering AGENCY —Proposed changes in 49 CFR Part 23 approximately 5,865 disc wheels. —New transportation acquisition Specifically, the letter indicating the Culturally Significant Objects Imported regulations source of the rim size designation is for Exhibition; Determination Attendance is open to the interested missing as is the D O T symbol. The letter public but limited to the space available. “J” should have been supplied indicating Notice is hereby given of the following With the approval of the Chairman, the Japanese Industrial Standard, a determination: Pursuant to the authority members of the public may present oral designation made under Standard JASO vested in me by the act of October 19, statements at the meeting. Persons C603-80 Steel Disc Wheels for 1965 (79 Stat. 985, 22 U .S.C. 2459), wishing to attend and persons wishing Automobiles, issued by the Japanese Executive Order 12047 of March 27,1978 to present oral statements should notify Automobile Standards Organization (43 FR 13359, March 29,1978), and the Minority Business Resource Center (JASO). In addition, the rim size is Delegation of Authority of December 17, not later than the day before the shown in the order “ of width by 1982 (47 FR 57600, December 27,1982), I meeting. Information pertaining to the diameter rather than diameter by hereby determine that three additional meeting may be obtained from Ms. Betty width", i.e., 6JJ X 15 rather than 15 X 6JJ. objects to be included in the exhibit, Chandler, Minority Business Resource Isuzu argued that the noncompliances “van Gogh in Arles” (included in the Center, 400 7th Street, SW ., Washington, are inconsequential because the list1 filed as a part of this D.C. 20590, telephone (202) 426-2852. noncompliances do not affect the determination) imported from abroad for Any member of the public may present a performance of the vehicle, the rim and the temporary exhibition without profit written statement to the Committee at tires are properly matched, and correct within the United States are of cultural any time. tire sizes which match the rim are stated significance. (See original notice Issued in Washington, D.C., on August 29. on the label affixed pursuant to § 5.3 of published February 29,1984, in Vol. 49, 1984. Standard No. 120. No. 41 of the Federal Register, page Armando L. Mena, No comments were received on the 7489.) These objects are imported Director, Office of Small arid Disadvantaged petition. pursuant to a loan agreement between Business Utilization. With regard to the omission of the The Metropolitan Museum of Art, New |FR Doc. 84-23432 Filed 9-4-84; 8:45 am] DOT symbol, it has been agency policy York, N.Y., and the Staatliche Museen BILLING CODE 4910-62-M for many years to treat such omissions zu Berlin. I also determine that the as failures to certify compliance, rather temporary exhibition or display of the than the type of noncompliance with a listed exhibit objects at the Metropolitan National Highway Traffic Safety safety standard requiring notification Museum of Art, New York, New York, Administration and remedy. As for the omission of the beginning on or about September 24, 1984, to on or about December 30,1984, [Docket No. IP84-8; Notice 2] letter "J”, the rims carry the lettering “TOPY” identifying Isuzu as the rim is in the national interest jsuzu Motors Limited; Grant Petition manufacturer; any interested person, Public notice of this determination is for Determination o f Inconsequential therefore, could contact Isuzu to ordered to be published in the Federal Noncompliance determine from which standardization Register. organization the published nominal Dated: August 30,1984. ; This notice grants the petition by dimensions could be obtained. Finally, Thomas E. Harvey, Isuzu Motors Limited of Japan to be the reversal of diameter and width on General Counsel and Congressional Liaison. exempted from the notification and the rim is likely to result in only minimal remedy requirements of the National confusion. [FR Doc. 84-23464 Filed 9-4-84; 8:45 am] BILLING CODE 8230-01-M H er ant* M °t°r Vehicle Safety Act (15 Accordingly, petitioner has met its U.S.C. 1381 et seq.) for an apparent burden of persuasion that the noncompliance with 49 CFR 571.120, * An itemized list of objects included in the noncompliance with Standard No. 120 exhibit is filed as part of the original document. 35068

Sunshine Act Meetings Federal Register Vol. 49, No. 173 Wednesday, September 5, 1984

This section of the FEDERAL REGISTER of the Secretary, 5401 Westbard Ave., p l a c e : Commissioners’ Conference contains notices of meetings published Bethesda, MD 20207, 301-492-6800. Room, 1717 H Street, NW., Washington, under the “Government in the Sunshine Sheldon D. Butts, DC. Act” (Pub. L. 94-4G9) 5 U.S.C. 552b(e)(3). Deputy Secretary. STATUS: Open and Closed. [FR Doc. 84-23548 Filed 8-31-84; 3:15 pm}; MATTERS TO BE CONSIDERED: BILLING CODE 6355-01-M CONTENTS Week of September 3 Item 3 Tuesday, September 4 Consumer Product Safety Commission 1, 2 2:00 p.m. DEPARTMENT OF DEFENSE, UNIFORMED Department of Defense...... 3 Discussion and Vote on Environmental Nuclear Regulatory. Commission...... 4 SERVICES UNIVERSITY OF THE HEALTH Qualification of Electrical Equipment Parole Commission...... 5 SCIENCES (Public Meeting)' Legal Services Corporation...... 6 TIME AND DATE: 9:00- a.m., September 10, Wednesday, Septembers 1984. 1 10:00 a.m. PLACE: Uniformed Services University of Discussion of Indian Point Probabilistic the Health' Sciences, Room D3-001, 4301 Risk Assessment (Public Meeting), CONSUMER PRODUCT SAFETY Jones Bridge Road, Bethesda, Maryland 2:00 p.m. COMMISSION 20814. Discussion of Commission Policy for Handling Last Minute Allegations (Public. t im e AND DATE: 10:00' a.m., Tuesday, s t a t u »: Open. Meeting) (M oved from 9/6) September IT , 1984. MATTERS TO BE CONSIDERED: (Reexamination of Exemption Process l o c a t io n : Third Floor Hearing Room, meeting postponed) lill-1 8 th Street, N W ., Washington, DC. 9:00 Thursday7 September6 STATUS:. Open to the Public. Meeting-—Board of Regents 10:00 a.m. MATTERS TO BE CONSIDERED: (1) Oath of Office—New Board1 of Regents’ Members: (2) Approval of Minutes—May 19, Discussion/Possible Vote on Proposed Rule F Y 86 Budget 1984; (31 Faculty Appointments;, pi) Report— on*Backfitting (Public Meeting) The Commission willlconsider issues Admissions; (5) Report—Associate Dean for 2:00 p.m. related to the Fiscal Year 1986> Budget. Operations: Budget; (6) Report—President, Discussion of Management-Organization USUHS: (a) University Awards, (b) Graduate and Internal Personnel Matters (Closed- FOR A RECORDED MESSAGE CONTAINING Students—Certification of Graduate Ex. 2 &.6),(New Item) THE LATEST AGENDA INFORMATION, CALL: Students, (c)*F. Edward Hebert School of 8:30 p.m. 301— 492-5709. Medicine: (1) Discussion of Dedication Afffrmation/Discussion and Vote (Public CONTACT PERSON FOR ADDITIONAL (Dedication of the School will be held after Meeting) INFORMATION: Sheldon D. Butts, Office the meeting); (2) Part IH, National1 Board of a. Report of the Task Force on of the Secretary, 5401 Westbard Ave., Medical Examiners Examination Results, (d) Investigations, Inspections and Bethesda, Md. 20207, 301-492-6800. Henry M. Jackson Foundation for the Adjudicatory Proceedings Advancement of Military Medicine, (e) b: Petition of Alabama Power Co. for Sheldon D. Butts, Procedures and Delegations, (f) Informational Declaratory Order Interpreting Antitrust Deputy Secretary. Items: (11 Foreign Military Students, (.2) License Condition |FR Doc. 84—23547 Filed 8-31-84: 3il4 pm} Deployment Medicine: (7) Report—Assistant Friday, September 7 BILLING CODE SSSS-Ot-M Dean for Student Affairs: USUHS Medical Student Counselling Program; (8) Comment, lO^Oa.nr. by the Chairman of the Board of Regents. Affirmation/Discussion- and Vote (Open 2 New Business. Meeting/Portion may be Closed—Ex.. 10) CONSUMER PRODUCT SAFETY a. Whether to Take Review of ALABs 772 & SCHEDULED m e e t in g s : November 19, 738 (TMI-1) COMMISSION 1984. b. Whether to Grant Licensee Request to TIME AND d a t e : 10:00 a.m., Monday, ^ Stay ALAB-772 & TMIA Requests to Lift CONTACT PERSON FOR MORE September 10,1984. Stay of ALAB-738 INFORMATION: Donald L. Hagengruber, l o c a t io n : Third Floor Hearing Room, Executive Secretary of the Board of Week of September 10 111118th Street NW., Washington, DC. Regents, 202/295-3049. Tentative s t a t u s : Open to the Public. Patricia H. Means, Monday, September Iff MATTERS TO BE CONSIDERED: OSD Federal Register Liaison Officer, F Y 86 Budget Department o f Defense. 2:00 p.m. Briefing on Steam Generator Generic The staff and the Commission will' continue (FR Doc. 84-23521 Filed 8-31-84; 12:50 pm) Requirements (Public Meeting) to discuss issues related to the Fiscal Year BILUNG CODE 3810-01-M 1986 Budget. Tuesday,, September 11 FOR A RECORDED MESSAGE CONTAINING 2:00 p.m. 4 Briefing on BWR Pipe Crack Report (Long THE LATEST AGENDA INFORMATION, CALL: Range Plan) (Public Meeting) 301-492-5709. NUCLEAR REGULATORY COMMISSION CONTACT PERSON FOR ADDITIONAL DATE: Week of September 3,1984 and Thursday, September 13 information : Sheldon D. Butts, Office Weeks of September 10,17, 24,1984. 3:30 p.m. FederaIJRegi8ter / Vol, 49, No. 173 / Wednesday, September 5, 1984 / Sunshine Act Meetings 35069

Affirmation Meeting (Public Meeting) (if m a t t e r s TO BE CONSIDERED: Referrals needed) from Regional Commissioners of Week of September 17 approximately two cases in which Tentative inmates of Federal prisons have applied for parole or are contesting revocation Wednesday, September 19 of parole or mandatory release. 10:00 a.m. CONTACT PERSON FOR MORE Discussion of Management-Organization INFORMATION: Linda Wines Marble, and Internal Personnel Matters (Closed— Chief Analyst, National Appeals Board, Ex. 2&6) 2:00 p.m. United States Parole Commission, (301) Quarterly Progress Report on Safety Goal 492-5987. Evaluation Report (Public Meeting) Dated: August 30,1984. Thursday, September 20 Joseph A. Barry, General Counsel, United States Parole 10:00 a.m. Commission. Industry Views on Decommissioning (Public Meeting) [FR Doc. 84-23462 Filed 8-30-84; 4:43 pm] 3:30 p.m. BILLING CODE 4410-01-M Affirmation Meeting (Public Meeting) (if needed) 6 Friday, September 21 LEGAL SERVICES CORPORATION (NUMARC Briefing postponed) Board of Directors Meeting. Week of September 24 TIME AND DATE: It will commence at Tentative (9:30 A .M . continue until all offical Thursday, September 27 business is completed; Friday, September 14,1984 3:30 p.m. Affirmation Meeting (Public Meeting) (if PLACE: Tysons Corner Marriott, 8028 needed) Leesburg Pike, Vienna, Virginia 22180. STATUS OF MEETING: Open (A portion of TO VERIFY THE STATUS OF MEETINGS the meeting is to be closed to discuss CALL* (Recording)— (202) 634-1498. personnel, personal, criminal, Litigation, CONTACT PERSON FOR MORE investigatory matters under 45 CFR INFORMATION: Julia Corrado, (202) 634- 1622.5 (a), (d), (e), (f), (g), and (h)J. 1410 MATTERS TO BE CONSIDERED: Robert B. McOsker, 1. Approval of Agenda Office o f the Secretary. 2. Approval of Minutes August 31,1984. —July 9,1984 (FR Doc. 84-23567 Filed 8-31-84; 3:28 pmj 3. Report from the President BILLING CODE 7590-01-M 4. Report from the Operations and Regulations Committee 5. Report from the Office of Field Services —Budget and Reorganization 5 6. Report from the Office of Government Relations PAROLE COMMISSION 7. Report from the Office of Comptroller a g en cy h o l d in g MEETING: U .S. Parole —1986 Budget Mark Commission, National Commissioners 1985 Preliminary Consolidated Operating (the Commissioners presently Budget maintaining offices at Chevy Chase, —3rd Quarter Budget Review Maryland, Headquarters). CONTACT PERSONS FOR MORE time a n d DATE: Thursday, September 13, INFORMATION: Thomas J. Opsut, 1984—10:00 a.m. Executive Office, (202) 272-4040. place: Room 420-F, One North Park Date issued: September 4,1984. Building, 5550 Friendship Boulevard, Donald P. Bogard Chevy Chase, Maryland 20815. President status: Closed pursuant to a vote to be [FR Doc. 84-23802 Filed 9-4-84; 8:45 am] taken at the beginning of the meeting. BILLING CODE 6820-35-M ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ i

Reader Aids Federal Register Voi. 49. No. 173 Wednesday September 5, 1984

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