11-4-85 Monday Vol. 50 No. 213 November 4, 1985 Pages 45805-45900

Briefings on How T o Use the Federal Register For information on briefings in Atlanta, GA, and Philadelphia, PA, see announcement on the inside cover of this issue.

Selected Subjects

Authority Delegations (Government Agencies) Federal Reserve System Administrative Practice and Procedure Agricultural Marketing Service Animal Diseases Animal and Plant Health Inspection Service Aviation Safety Federal Aviation Administration Color Additives Food and Drug Administration Commodity Futures Commodity Futures Trading Commission Drug Traffic Control Drug Enforcement Administration Food Assistance Programs Food and Nutrition Service Freedom of Information Commodity Futures Trading Commission Pennsylvania Avenue Development Corporation Grant Programs— Environmental Protection Environmental Protection Agency Grazing Lands Land Management Bureau Privacy Pennsylvania Avenue Development Corporation

CONTINUED INSIDE II Monday, November 4, 1985 / Selected Subjects Selected Subjects

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

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How To Cite This Publication: Use the volume number and the page number. Example: 50 FR 12345.

THE FEDERAL REGISTER: WHAT IT IS AND HOW TO USE IT

FOR: Any person who uses the Federal Register and ATLANTA, GA Code of Federal Regulations. WHEN: Nov. 21; at 1 pm. WHO: The Office of the Federal Register. Nov. 22; at 9 am. (identical session) WHERE: Room LP-7. WHAT: Free public briefings (approximately 2 l/2 hours) Richard B. Russell Federal Building, to present: 75 Spring Street, SW., Atlanta, GA. 1. The regulatory process, with a focus on the RESERVATIONS: Deborah Hogan, Federal Register system and the public's role Atlanta Federal Information Center. in the development of regulations. Before Nov. 12: 404-221-2170 2. The relationship between the Federal Register On or after Nov. 12: 404-331-2170 and Code of Federal Regulations. 3. The important elements of typical Federal PHILADELPHIA, PA Register documents. WHEN: Dec. 17; at 1 pm 4. An introduction to the finding aids of the Dec. 18; at 9 am. (identical session) FR/CFR system. WHERE: Room 3306/10 WHY: To provide the public with access to information William J. Green, Jr., Federal Building, necessary to research Federal agency regulations 600 Arch Street, Philadelphia, PA. which directly affect them. There will be no RESERVATIONS: discussion of specific agency regulations. Laura Lewis, Philadelphia Federal Information Center, 215-597-1709 Contents Federal Register Vol. 50, No. 213 Monday, November 4, 1985

Agricultural Marketing Service Customs Service RULES RULES 45807 Raisins, imported Tariff classifications: Tobacco inspection: 45812 Polypropylene rope and twine 45805 Fees and charges for permissive inspection 45806 Flue-Cured Tobacco Advisory Committee; Defense Department representative and alternate; interim S ee Air Force Department. PROPOSED RULES Poultry and rabbit products grading: Drug Enforcement Administration 45829 Voluntary standards and grades for poultry; RULES correction Schedules of controlled substances: 45815 Nalmefene Agriculture Department S ee Agricultural Marketing Service; Animal and Energy Department Plant Health Inspection Service; Food and Nutrition S e e Federal Energy Regulatory Commission. Service; Forest Service; Rural Electrification Environmental Protection Agency Administration; Soil Conservation Service. RULES Air Force Department Grants, State and local assistance: 45892 Treatment works construction; interim NOTICES NOTICES Meetings: Air programs: 145849 Scientific Advisory Board 45869 American Cyanamid Co.; noncompliance determination Animal and Plant Health Inspection Service RULES Equal Employment Opportunity Commission Interstate transportation of animals and animal NOTICES products (quarantine): 45887 Meetings; Sunshine Act [45808 Brucellosis; State and area classifications; interim Export-Import Bank NOTICES Census Bureau Meetings: NOTICES 45869 Advisory Committee Surveys, determinations, etc.: 45849 Wholesale trade; annual Federal Aviation Administration RULES Civil Rights Commission Airworthiness directives: NOTICES 45810 Beech; correction Meetings: State advisory committees: 45810 Transition areas 45847, Indiana (2 documents) PROPOSED RULES 45848 Airworthiness directives: 45848 Mississippi 45829 Boeing 45848 Mississippi; location change 45830 Transition areas 45848 South Dakota 45848 Utah Federal Communications Commission RULES Commerce Department 45827 Radio services; General Radiotelephone Operator S ee Census Bureau; National Oceanic and License endorsement Atmospheric Administration. PROPOSED RULES Common carrier services: Commodity Futures Trading Commission 45841 Access service; interstate and intrastate usage RULES s determination Domestic exchange-traded commodity options: 45843 Domestic public cellular radio 45811 Non-agricultural options contracts; pilot program telecommunications service; frequency operation expansion selection; withdrawn PROPOSED RULES Television broadcasting: 45833 Freedom of Information Act; implementation 45843 Cable television systems; terminal devices; 45831 Futures commission merchants and introducing correction brokers, minimum financial and related NOTICES requirements; contract markets and clearing Meetings: associations, default and bankruptcy; commodity 45869 Land Mobile Radio/UHF Television Technical options transactions; extention of time Advisory Committee; agenda change IV Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Contents

Federal Energy Regulatory Commission Human drugs: NOTICES 45873 Cortisporin cream; approval withdrawn Hearings, etc.: Medical devices: 45850 Arizona Public Service Co. 45874 Unapproved medical devices, guidance for 45852 Arkansas Power & Light Co. emergency use; availability; correction 45861 Canyon Creek Compression Co. 45852 Cincinnati Gas & Electric Co. Food and Nutrition Service 45864 Cities Service Oil & Gas Corp. 45852, Connecticut Light & Power Co. (2 documents) PROPOSED RULES 45853 Chile nutrition programs: 45862 Florida Power & Light Co. 45898 Summer food service program; audit 45864 New England Fish Co. requirements for State and local governments, 45855 New England Power Co. reimbursement for one meal per child for each 45856 Northern States Power Co. meal service, etc. 45865 Pacific Gas & piectric Co. 45864 Pacific Gas Transmission Co. Forest Service 45857 Pennzoil Co. RULES 45858 Pinedale Power & Light Co. 45823 Landownership; National Forest townsites; 45867 Plains Petroleum Corp. correction 45867 Texaco Inc. 45858 Texas Eastern Transmission Corp. Health and Human Services Department 45867 Union Exploration Partners, Ltd. S e e Food and Drug Administration; Health 45869 Western Transmission Corp. Resources and Services Administration. 45858 Wisconsin River Power Co. 45887 Meetings; Sunshine Act Health Resources and Services Administration Natural gas certificate filings: NOTICES 45859 K N Energy, Inc. et al. Meetings; advisory committees: Natural Gas Policy Act: 45874 November 45861 OCS leases; blanket determinations

Federal Highway Administration Interior Department RULES S e e Fish and Wildlife Service; Land Management 45815 State highway traffic safety programs; uniform Bureau; Surface Mining Reclamation and standards Enforcement Office.

Federal Maritime Commission Internal Revenue Service NOTICES NOTICES 45870 Agreements filed, etc. Meetings: , 45870 Agreements filed, etc.; correction 45885 Commissioner’s Advisory Group Federal Reserve System Interstate Commerce Commission RULES Authority delegations: NOTICES Railroad operation, acquisition, construction, etc.: 45809 Banking Supervision and Regulation Division 45876 Director Denver & Rio Grande Western Railroad Co., et NOTICES al. ■ Bank holding company applications, etc.: Railroad services abandonment: 45876 45870 Farmers & Merchants Walterboro Bancshares Maine Central Railroad Co. Corp. et al. 45871 First Commerce Corp. et al. Justice Department 45871 Metro Bancorp, Inc., et al. S ee also Drug Enforcement Administration. 45872 Potomac Bancorp, Inc., et al. NOTICES 45872 Sovran Financial Corp. Voting Rights Act certifications: 45889 Meetings; Sunshine Act (2 documents) 45885 Bronx County, NY 45885 Kings County, NY Fish and Wildlife Service 45886 New York County, NY PROPOSED RULES Endangered and threatened species: Land Management Bureau 45846 Toad-flax cress; hearing and extension of time RULES Grazing administration: Food and Drug Administration 45824 Livestock grazing on public lands RULES NOTICES Color additives: Geothermal resources areas: 45814 Poly (hydroxyethyl methacrylate)-dye 45875 California; correction copolymers; effective date confirmed Meetings: NOTICES 45875 Shoshone District Advisory Council Food additive petitions: Survey plat filings: 45874 Moore & Munger Marketing, Inc. 45875' California (2 documents) Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Contents V

National Highway Traffic Safety Administration Soil Conservation Service RULES NOTICES 45815 State highway traffic safety programs; uniform Environmental statements; availability, etc.: standards 45847 Harrison Mill-Panther Creeks Watershed, AL NOTICES Motor vehicle safety standards; exemption Surface Mining Reclamation and Enforcement petitions, etc.: Office 45884 Vintage Reproductions, Inc. RULES Permanent program submission: National Mediation Board 45820 Pennsylvania NOTICES 45889 Meetings; Sunshine Act Tennessee Valley Authority NOTICES National Oceanic and Atmospheric 45889 Meetings; Sunshine Act Administration RULES Trade Representative, Office of United States Fishery conservation and management: NOTICES 45828 Pacific Coast groundfish; correction 45883 Intellectual property; country practices related to 45828 Tuna, Atlantic fisheries^correction identified trade barriers; inquiry; Korea NOTICES Permits: Transportation Department 45849 Marine mammals S e e also Federal Aviation Administration; Federal Highway Administration; National Highway Traffic Nuclear Regulatory Commission Safety Administration; Research and Special NOTICES Programs Administration. Applications, etc.: NOTICES 45876 North American Inspection, Inc. Aviation proceedings: 45877 Northeast Nuclear Energy Co., et al. 45883 Certificates of public convenience and necessity Environmental statements; availability, etc.: and foreign air carrier permits; weekly 45880 Duquesne Light Co., et al. applications Safety analysis and evaluation reports; availability, Aviation proceedings; hearings, etc.: etc.: 45883 International Air Transport Association 45877 Northeast Nuclear Energy Co. 45884 Premiaire, Inc., et al.

Pennsylvania Avenue Development Corporation Treasury Department RULES S e e Customs Service; Internal Revenue Service. 45824 Address change 45823 Freedom of Information Act; implementation; fee United States Information Agency schedule revisions NOTICES PROPOSED RULES Art objects, importation for exhibition: 45841 Privacy Act; implementation 45885 Blood of Kings: A New Interpretation of Maya Art Postal Rate Commission NOTICES Post office closings; petitions for appeal: Separate Parts in This Issue 45881 Centerfìeld, UT Part II Research and Special Programs Administration 45892 Environmental Protection Agency PROPOSED RULES Pipeline safety: Part III 45845 Natural gas transportation, etc.; maximum 45898 Department of Agriculture, Food and Nutrition allowable operating pressure; advance notice; Service extension of time

Rural Electrification Administration Reader Aids n o tic es Additional information, including a list of public Loan guarantees, proposed: laws, telephone numbers, and finding aids, appears 45847 Oglethorpe Power Corp. in the Reader Aids section at the end of this issue.

Small Business Administration NOTICES 45882 Privacy Act; systems of records Senior Executive Service: 45882 Performance Review Board; membership Small business investment companies: 45882 Maximum annual cost of money; Federal Financing Bank rate VI Federal Register / Vol. 50, No. 213 / Monday, November 4,1985 / 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.

7 CFR 29 (2 documents)...... 45805, 45806 999...... 45807 Proposed Rules: 70 .. ...45829 225...... 45898 9 CFR 78...... 45808 12 CFR 265...... 45809 14 CFR 39...... 45810 71 ...... „....„45810 Proposed Rules: 39 ...... 45829 71------„.¿....45830 17 CFR 33...... „¿„.„„„„„.„„45811 Proposed Rules: 1------45831 33...... „„„.„,45831 145.— 45833 146...... „....45833 190.. — ...... 45831 19 CFR 175...... „„45812 21 CFR 73...... — ...... „.45814 1308...... 45815 23 CFR 1204...... 45815 30 CFR 938...... 45820 36 CFR 254...... „„..„.45823 902 (2 documents)...... 45823, 45824 903 ...— ___ 45824 905...... 45824 907...... 45824 908...... „.„.....„_...... 45824 Proposed Rules: 903------.„:...... 45841 40 CFR 35...... ,„.45892 43 CFR • 4100...... 45824 47 CFR 13 ------.------45827 Proposed Rules: Ch. 1...... 45841 15 ------45843 22 ...... 45843 76...... 45843 49 CFR Proposed Rules: 192—,------45845 50 CFR 285„...... —...... 45828 663...... 45828 Proposed Rules: 17...... 45846 45805 Rules and Regulations Federal Register Vol. 50, No. 213 Monday, November 4, 1985

This section of the FEDERAL REGISTER proposed rule which provided for Additionally, in conformance with the contains regulatory documents having increased charges for permissive provisions of the Regulatory Flexibility general applicability and legal effect, most inspection and certification. These A ct Pub. L. 96-354 (5 U.S.C. 601) full of which are keyed to and codified in charges, as nearly as possible, cover the consideration has been given to the the Code of Federal Regulations, which is costs of the services, including potential economic impact upon small . published under 50 tides pursuant to 44 administrative and supervisory costs. business. All tobacco warehousemen U.S.C. 1510. The Code of Federal Regulations is sold The authority for these regulations is and producers fall within the confines of by the Superintendent of Documents. contained in the Tobacco Inspection Act “small business," as defined in the Prices of new books are listed in the (49 Stat. 731; 7 U.S.C. et seq .). The Regulatory Flexibility A ct William T. first FEDERAL REGISTER issue of each Tobacco Inspection Act requires that Manley, Deputy Administrator, week. permissive inspections, as defined in 7 Agricultural Marketing Service, has CFR 29.56, be made available to certified that these actions will have no interested parties on a fee basis. The significant economic impact upon all DEPARTMENT OF AGRICULTURE hourly fee schedule for permissive entities, small or large, and will not Agricultural Marketing Service inspection had not been increased since substantially affect the normal July 1,1982 (47 FR 27057). The competition in the market place. 7 CFR Part 29 Department determined that prior to the Furthermore, the Department is required current proposal the fees for permissive by law to fix and collect fees and Permissive Tobacco Inspection; User inspections were insufficient to cover charges to cover the Department’s cost Fees the Department's costs of inspection and in operating the tobacco, inspection certification. program. agency: Agricultural Marketing Service, The primary reasons for the need to Finally, minor typographical errors USDA. increase the assessed fees are as and errors of form are corrected in the action: Final rule. follows: (1) Government-wide salary citations of authority. increases; (2) Cost of workers’ SUMMARY: The Secretary of Agriculture compensation and unemployment List of Subjects in 7 CFR Part 29 has revised the fees and charges compensation previously paid for from Administrative practices and assessed by the Department for the USDA appropriated budget and which procedure, Agricultural Marketing permissive inspection of tobacco, must now be included as part of the Service, Tobacco. performed upon request and paid for at administrative costs of this program; a prescribed hourly fee. The primary and (3) the cost of recruitment and PART 29— [AMENDED] reasons for the need to increase the training resulting from the large number assessed fees are as follows: (1) of resignations and retirements of Accordingly, the Department hereby Government-wide salary increases; (2) tobacco inspectors. Therefore, it is amends the regulations under the Cost of workers’ compensation and determined that in order to cover the Tobacco Inspection Act contained in 7 unemployment compensation previously Department’s costs associated with the CFR Part 29 as follows: paid for from USDA appropriated permissive inspection and certification 1. The authority citation for 7 CFR budget and which must now be included of tobacco that the prescribed hourly Part 29 is revised to read as follows: as part of the administrative costs of rate is increased from a “basic hourly Authority: Title II of Pub. L. 98-180; 49 Stat this program; and (3) the cost of salary of $20.45,” and “overtime rate of 731, as amended (7 U.S.C. 511 et seq.), unless recruitment and training resulting from $24.40," and a “Sunday and holiday rate otherwise noted. the large number of resignations and of $30.50,” to “$22.30,” and “$26.60,” and 2. The authority citation for 7 CFR retirements of tobacco inspectors. “$33,35,” per hour, respectively. This Part 29, Subpart B (7 CFR 29.12-29.500) effe c tiv e d a t e : November 4,1985. increase is based on the average grade is removed. FOR FURTHER INFORMATION CONTACT: and step-in-grade of tobacco graders Lionel S. Edwards, Director, Tobacco performing this service. The salary of a 3. The authority citation for 7 CFR Division, Agricultural Marketing GS-9, step 10, is $13.58 per hour. Adding Part 29, Subpart F (29 CFR 29.9201- Service, U.S. Department of Agriculture, administrative and supervisory costs, 29.9281) is revised to read as follows: Washington, DC 20250, (202) 447-2567. the basic operating cost per hour is Authority: Pub. L. 97-98; 95 Stat. 1266, as SUPPLEMENTARY INFORMATION: Notice $22.30. amended (7 U.S.C. 1314f). was given (50 FR 32712, August 14,1985) It is anticipated that the increase in § 29.123 [Amended] f that the Department was amending the fees and charges will generate the I regulations, to increase charges for revenue necessary to continue the 4. Section 29.123(b) is amended by permissive inspection and certification current level of services provided. removing the figures “$20.45” “$24.40” of tobacco conducted upon request. This final rule has been reviewed and “$30.50” and inserting in lieu thereof Interested parties were given an under USDA procedures established to “$22.30” “$26.60” and “$33.34” opportunity to comment upon the implement Executive Order 12291 and respectively. proposed rule (50 FR 32712, August 14, the Secretary’s Memorandum 1512-1 5. Section 29.9251 is amended by 1985). and has been determined to be a removing the figures “$20,45” “$24.40” No comments were received. "nonmajor rule" because it does not and “$30.50” and inserting in lieu thereof | Therefore, the Department hereby meet any of the criteria established for “$22.30” “$26.60” and “$33.35” | adopts the regulations appearing in the major rules under the Executive Order. respectively. 45806__Federal_jtegis^ 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations

Dated: October 29,1985. represented on the Committee, and selected and confirmed by the Alan T. Tracy, members and alternates are appointed expiration date of the current Deputy Assistant Secretary, Marketing and by the Secretary, after nomination by Inspection Service. Committee, which is April 23,1986. The the individual sectors of the industry. standard procedure of proposed [FR Doc. 85-26146 Filed 11-1-85; 8:45 am] The Department has received a rulemaking providing thirty days notice BILLING CODE 3410-02-M request for Committee representation for comments would not leave sufficient from the Florida Tobacco Warehouse Association, Inc. This organization, time to receive and process nominations 7 CFR Part 29 represents the interests of all tobacco for membership on the new Committee auction warehouses in Florida which prior to the expiration date. Therefore, it Inspection of Tobacco Under the were formerly associated with the is hereby found and determined that Tobacco Inspection Act, Particularly combined Georgia-Fiorida Warehouse notice of proposed rulemaking, public Relating to the Flue-Cured Tobacco Association. In 1976 the Florida procedure thereon, and notice of the Advisory Committee warehouses formed their own effective date hereof are impractical, AGENCY: Agricultural Marketing Service, association and now seek to obtain unnecessary to facilitate the operation USDA. individual membership on the of the Flue-Cured Tobacco Advisory a c t io n : Interim final rule. Committee. At a meeting of the Flue- Committee and thus to preserve and Cured Tobacco Advisory Committee continue orderly marketing conditions in s u m m a r y : The regulations governing the held in Raleigh, North Carolina, on the flue-cured marketing area under the establishment and operation of the Flue- September 20,1985, the proposed grower designation plan. Cured Tobacco Advisory Committee are addition to the membership met with All persons who desire to submit amended to permit an additional unanimous approval by members written data, views, or arguments for member and alternate representing a comprising the existing Committee. The consideration in connection with this warehouse association. Department has approved the request of interim final rule may file the same with the Florida Tobacco Warehouse DATES: Effective November 4 , 1985. the Director, Tobacco Division, AMS, Comments are due on or before January Association and is amending 3,1986. § 29.9403(b) to increase the membership Room 502 Annex Building, United States on the Committee from 38 members and Department of Agriculture, Washington, ADDRESS: Send comments to the DC 20250, no later than January 3,1986. Director, Tobacco Division, Agricultural alternates to 39 and thereby increase the number of warehouse representatives Marketing Service (AMS), United States List of Subjects in 7 CFR Part 29 Department of Agriculture, Room 502 from 9 to 10 members. Annex Building, Washington, DC 20250. The Department is amending Administrative practices and Comments will be available for public § 29.9403(d) of the regulations to reflect procedure, Tobacco. inspection at this location during regular the addition of the Florida Tobacco business hours. Warehouse Association, Inc. This interim final rule has been PART 29— [AMENDED] FOR FURTHER INFORMATION CONTACT: reviewed under USDA procedures Lioniel S. Edwards, Director, Tobacco Accordingly, the regulations established to implement Executive Division, Agricultural Marketing contained in 7 CFR Part 29 are amended Order 12291 and Departmental Service, United States Department of as follows: Regulation 1512-1 and has been Agriculture, Washington, DC 20250, 1. The authority citation for Part 29 (202)447-2567. determined to be “nonmajor” because it does not meet the criteria contained reads as follows: SUPPLEMENTARY INFORMATION: Pursuant therein for major regulatory actions. Authority: Title II of Pub. L. 98-180, 49 Stat, to the authority contained in the The Administrator of the Agricultural 731; 7 U.S.C. 511 et seq.}. Tobacco Inspection Act (49 Stat. 731; 7 Marketing Service, has determined that U.S.C. 511 et seq .), notice is hereby given this action will not have a significant 2. In § 29.9403, paragraphs (b) and (d) that the Department is amending economic impact on a substantial are revised to read as follows: Subpart G of 7 CFR Part 29 particularly number of small entities as defined in as it relates to the Flue-Cured Tobacco the Regulatory Flexibility Act (5 U.S.C. § 29.9403 Flue-Cured Tobacco Advisory Advisory Committee. The amendement 601 et seq.) because: (1) MosHobacco Committee. changes § 29.9403 (b), (d), of Subpart warehousemen and producers fall * * * * * G—policy statement and regulations within the definition of "small business” (b) The Committee shall consist of 39 governing the availability of tobacco as defined in the Regulatory Flexibility representatives and 39 alternates of the inspection and price support services to Act. (However, certain of those entities flue-cured industry—21 producers, 10 flue-cured tobacco on designated are not considered “small business” markets. warehousemen, and 8 buyers. because they are dominant in their ***** Since its inception in 1974, the Flue- respective areas of operation.); (2) the Cured Tobacco Advisory Committee has duties of the Committee are solely (d) Recommendations of the 10 assisted the Secretary in making an advisory; and (3) this action imposes no warehouse representatives shall be equitable apportionment and additona! duties or obligations on the received from the various belt assignment of tobacco inspectors by business entities involved and will not warehouse associations. recommending opening dates for affect normal competition in the * * * * * marketing areas within the flue-cured marketplace. Dated: October 29,1985. tobacco growing areas and Prior experience has shown that the recommending selling schedules for process of solicitation, selection, AlanT. Tracy, marketing areas and individual confirmation, and appointment of Deputy Assistant Secretary, Marketing and warehouses therein. All segments of the members often takes in excess of six Inspection Services. flue-cured tobacco industry—producers, months. The newly authorized members, (FR Doc. 85-26245 Filed 11-1-85; 8:45 am] warehousemen, and buyers—are1 and other new members, must be BILLING CODE 3410-02-M Federal Register / VoL 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations 45807

7 CFR Part 999 FR 28585). interested persons were given Therefore, a finding was made under until August 26,1985, to submit written the act that there were variations in the Raisin Import Regulations; Grade comments. At the close of the comment characteristics between the domestic Requirements period, the Association of Food and imported commodity warranting Industries, an organization representing establishment of different standards for AGENCY: Agricultural Marketing Service, raisin importers, asked that the imported raisins based on USDA. comment period be reopened because it comparability. The requirements on ACTION: Final rule. had insufficient time to analyze the imported raisins: (1) Exempted those proposal and submit comments after it raisins from color requirements; (2) su m m a r y : This final rule will change received notice of the proposal. In permitted not more than two pieces of grade requirements for imported response to its request, the period for stem per 2.2 pounds in lieu of the Thompson Seedless and Monukka comments was reopened until marketing order requirements of not raisins, and include grade requirements September 27,1985 (50 FR 35564). Three more than 4 pieces of stem per 6 pounds; for Golden Seedless raisins in the import comments were received favoring the and (3) permitted not more than 50 regulation. This action is pursuant to proposal. capstems for 1.1 pounds in lieu of 35 section 8e of the Agricultural Marketing Changes in the domestic requirements capstems per pound. Agreement Act of 1937, which requires for packed seedless raisins under the The color requirements in effect under raisins offered for importation into the marketing agreement and order became the U.S. Standards for Grades of United States to meet the same or effective November 15,1984 (49 FR Processed Raisins (7 CFR 52.1841- comparable requirements applied to 33992), and pertain to tolerances for 52.1858) when the import regulation was domestic raisins under a Federal maturity, pieces of stem, and issued in 1972 were not as flexible as the marketing order. Changes in the substandard and undeveloped raisins color requirements currently in effect. domestic grade requirements for packed prescribed in the effective U.S. The standards then in effect did not seedless raisins under the Federal Standards For Grades of Processed permit inspectors to recognize color marketing agreement and order program Raisins (7 CFR 52.1841-52.1858). At that variations in domestic and imported for California raisins, and other factors, time, the minimum percent of well- Thompson Seedless raisins, and in the necessitate changes in the requirements matured or reasonably well-matured absence of the color exemption, the for imported Thompson Seedless and raisins was increased from 55 percent to lighter colored Thompson Seedless Monukka raisins pursuant to that act. 62.5 percent. On November 15,1985, that raisins offered for importation would not EFFECTIVE DATE: December 4,1985. percentage will increase from 62.5 have met the same requirements as percent to 70 percent. The current FOR FURTHER INFORMATION CONTACT: those imported on domestic raisins standard for imported raisins is 55 Frank M. Grasberger, Acting Chief, under the marketing order. The current percent, and hence, will be increased to Specialty Crops Branch, Fruit and standards for both domestic and 70 percent pursuant to section 8e of the Vegetable Division, AMS, USDA, imported raisins offer inspectors a a c t Also, effective November 15,1984, Washington, DC 20250, Telephone; (202) greater degree of flexibility in the tolerances for pieces of stem, and 447-5053. recognizing color variations, and the undeveloped and substandard raisins, in SUPPLEMENTARY INFORMATION: This color exemption no longer is necessary. U.S. Grade B, in lieu of U.S. Grade C Hence, that exemption will be deletecL action has been reviewed under USDA tolerances, became effective for select With regard to capstems and pieces of guidelines implementing Executive and mixed-size packed raisins. The stem, very few lots of imported raisins Order 12291 and Secretary’s tolerances for those factors for midget­ have failed solely because of excessive Memorandum No. 1512—1 and has been sized raisins remained at the U.S. Grade pieces of stem and/ or capstems. classified a “non-major” rule under C level, thus no change in the grade and Moreover, imported raisins can be and criteria contained therein. size requirements for imported midget­ often are processed to the same extent William T. Manley, Deputy sized raisins is necessary. The changes as California raisins against the tighter Administrator, Agricultural Marketing in requirements for domestic raisins domestic tolerances for pieces of stem Service, has certified that this action were effectuated to improve the quality and capstems, and the reasons originally will not have a significant economic of those raisins and improve their justifying the different tolerances for impact on a substantial number of small competitiveness in domestic and foreign entities. markets. Pursuant to section 8e of the pieces of stem and capstems because of The raisin import regulation (7 CFR act, these changes in the domestic the tenderness of the imported product 999.300) is effective pursuant to the requirements also will be applied to no longer exist. The requirements requirements of section 8e of the raisins offered for importation. hereinafter set forth prescribed Agricultural Marketing Agreement Act During the development of the raisin tolerances for those factors which are of 1937 (7 U.S.C. 601-674). That section import regulation in 1972 the the same as those applied to domestic requires the Secretary of Agriculture to Department found that foreign drying, raisins under the marketing order. issue, after reasonable notice, grade and processing techniques differed from The raisin import regulation currently requirements on imported raisins which those used in California, and that the prescribes requirements for Thompson are the same as, or comparable to, those resulting foreign produced Thompson Seedless raisins, Muscat raisins, Layer applied to domestic raisins under the Seedless raisins were lighter in color Muscat raisins, Monukka raisins, and marketing agreement and Order No. 989, and softer than domestically produced Current raisins. In recent years, both as amended (50 F R 1830; 40476), raisins. Because of these variations, it however, increasing quantities of The marketing agreement and order was determined that the application of Golden Seedless raisins similar to those regulate the handling of raisins the requirements for color, stems, and produced in California have been produced from grapes grown in capstems under the marketing order for imported. Therefore, import California and also are effective under California Thompson Seedless raisins to requirements for this varietal type of the same a ct foreign produced Thompson Seedless raisin will be added to the import Notice of this action was published in raisins was not practicable and that a regulations. The requirements for the Federal Register on July 15,1985 (50 comparable standard was necessary. imported Golden Seedless raisins are 213 / Monday, November 4, 1985 / Rules and Regulations

the same as those applied under the meet the U.S. Grade C tolerances for Building, Hyattsville, MD 20782. marketing order. those factors; Comments should state that they are in To recognize in-transit foreign lots ’ (2) With respect to Muscat raisins— response to Docket Number 85-107. and to give foreign producers and the requirements of U.S. Grade C as Written comments may be inspected at importers time to prepare to meet these defined in said standards; Room 728 of the Federal Building requirements the current standards will (3) With respect to Layer Muscat between 8 a.m. and 4:30 p.m., Monday continue until November 30,1985. On raisins—the requirements of U.S. Grade through Friday, except holidays. December 4,1985, the changes, B as defined for "Layer or Cluster FOR FURTHER INFORMATION CONTACT: hereinafter set forth, will become Raisins with Seeds" in said standards, Dr. Granville H. Frye, Cattle Diseases effective. except for the provisions therein relating to moisture content; Staff, VS, APHIS. USDA, Room 814, List of Subjects in 7 CFR Part 999 Federal Building, 6505 Belcrest Road, (4) With respect to Currant raisins— Hyattsville, MD 20782, 301-436-8711. Food grades and standards, Imports, the requirements of U.S. Grade B as Dates, Walnuts, Prunes, Raisins, defined in said standards; SUPPLEMENTARY INFORMATION: Filberts/Hazelnuts. (5) With respect to Monukka raisins— Background the requirements for Thompson Seedless PART 999— [AMENDED] Raisins prescribed in paragraph (b)(1) of The brucellosis regulations (contained this section, except that the tolerance 1. The authority citation for 7 CFR in 9 CFR Part 78 and referred to below for moisture shall be 19 percent rather 999.300 continues to read as follows: as the regulations) provide a system for than 18 percent; classifying States or portions of States Authority: Secs. 1-19,48 Stat, 31, as (6) With respect to Golden Seedless according to the rate of brucella amended; 7 U.S.C. 601-674. raisins—the requirements prescribed in infection present and the general 2. Section 999.300 is amended by paragraph (b)(1) of this section for effectiveness of a brucellosis control revising paragraph (a)(2) and paragraph Thompson Seedless raisins and the and eradication program. The (b) to read as follows: color requirements for "colored” as classifications are Class Free, Class A, § 999.300 Regulation governing defined in said standards. Class B, and Class C. States or Areas importation of raisins. ***** which do not meet the minimum (a) * * * Dated: October 29,1985. standards for Class C are required to be Thomas R. Clark, placed under Federal quarantine. This (2) “Varietal type” means the document changes the classification of applicable one of the following: Deputy Director. Fruit and Vegetable Division. the State of Mississippi from Class C to Thompson Seedless raisins, Muscat Class B. raisins, Layer Muscat raisins. Currant (FR Doc. 85-26246 Filed 11-1-85; 8:45 am] raisins, Monukka raisins, and Golden BILLING CODE 3410-03-M The brucellosis Class Free Seedless raisins. classification is based on a finding of no * * . * * * known brucellosis in cattle for the Animal and Plant Health Inspection period of 12 months preceding (b) Grade and size requirements. The Service classification as Class Free. The Class C importation of raisins into the United classification is for States or Areas with States is prohibited unless the raisins 9 CFR Part 78 the highest rate of brucellosis, with are inspected and certified as provided [Docket No. 85-107} Classes A and B in between. in this section. Except as provided in Restrictions on the movement of cattle paragraph (e)(2) of this section, no Brucellosis in Cattle; State and Area are more stringent for movements from person may import raisins into the Classifications Class A States or Areas compared to United States unless such raisins have movements from Free States or Areas, been inspected and certified by a USDA AGENCY: Animal and Plant Health and are more stringent for movements inspector as to whether or not the Inspection Service, USDA. from Class B States or Areas compared raisins are of a varietal type, and if a a c t i o n : Interim rule. to movements from Class A States or varietal type, as at least meeting the Areas, and so on. The restrictions s u m m a r y : following applicable grade and size This document amends the include testing for movement of certain requirements, which requirements are regulations governing the interstate cattle from other than Class Free States the same as those imposed upon movement of cattle because of orAreas. domestic raisins handled pursuant to brucellosis by changing the The basic standards for the different Order No. 989, as amended (Part 989 of classification of the State of Mississippi classifications of States or Areas this chapter): from Class C to Class B. This action is concern maintenance of: (1) A State or (1) With respect to Thompson necessary because it has been determined that this State meets the Area-wide accumulated 12 consecutive Seedless raisins—the requirements of month herd infection rate npt to exceed U.S. Grade C as defined in the effective standards for Class B status. The effect of this action is to relieve certain a stated level; (2) a Market Cattle United States Standards of Grades of Identification (MCI) reactor prevalence Processed Raisins (§§ 52.1841—52.1858 restrictions on the interstate movement of cattle from the State of Mississippi. rate not to exceed a stated rate (this of this title): Provided, That at least 70 concerns the testing of cattle at auction OATES: percent* by weight, of the raisins shall Effective date of the interim rule markets, stockyards, and slaughtering be well-matured or reasonably well- is November 4,1985. Written comments establishments); (3) a surveillance matured. With respect to select-sized must be received on or before January 3, system which includes a testing program 1986. and mixed-sized raisin lots, the raisins for dairy herds and slaughtering shall at least meet the U.S. Grade B ADDRESSES: Written comments should establishments, and provisions for tolerances for pieces of stem, and be submitted to Thomas O. Gessel, identifying and monitoring herds at high undeveloped and substandard raisins, Director, Regulatory Coordination Staff, risk of infection, including herds and small (midget) sized raisins shall APHIS, USDA, Room 728, Federal adjacent to infected herds and herds Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Rales and Regulations 45809 from which infected animals have been economic impact on those persons Done at Washington, D.C., this 29th sold or received under approved action affected by this document. day of October 1985. plans; and(4) minimum procedural Under these circumstances, the G.J. Fichtner, standards for administering the Administrator of the Animal and Plant Acting Deputy Administrator, Veterinary program. ‘ . Health Inspection Service has Services. Prior to the effective date of this determined that this action will not have [FR Doc. 85-26242 Filed 11-1-85; 8:45 am] document, the State of Mississippi was a significant economic impact on a BILLING CODE 3410-34-M classified as a Class C State. It had been substantial number of small entities. necessary to classify this State as Class Executive Order 12372 C rather than Class B because of the FEDERAL RESERVE SYSTEM herd infection rate and the MCI reactor This program/activity is listed in the prevalence rate. To attain and maintain Catalog of Federal Domestic Assistance 12 CFR Part 265 Class B status, a State or Area must, under No. 10.025 and is subject to die among other things, maintain an provisions of Executive Order 12372 [Docket No. R-0554] accumulated 12-month herd infection which requires intergovernmental rate for brucellosis not to exceed 15 consultation with State and local Rules Regarding Delegation of herds per 1,000 {1.5 percent) if the State officials. (See 7 CFR 3015, Subpart V). Authority: Delegation of Authority To Waive Prior Notice Period has more than 1,000 herds, and the Emergency Action adjusted MCI reactor prevalence rate for AGENCY: Board of Governors of the such 12 month period must not exceed Dr. John K. Atwell, Deputy Federal Reserve System. three reactors per 1.000 cattle tested Administrator of the Animal and Rant (0.30 percent). À review of brucellosis Health Inspection Service for Veterinary ACTION: Final rule. program records establishes that the Services, has determined that an emergency situation exists which s u m m a r y : The Board is amending 12 State of Mississippi, which has more CFR Part 265, its Rules Regarding than 1,000 herds, should be changed to warrants publication of this interim rule without prior opportunity for public Delegation of Authority to delegate to Class B since this State now meets the the Director of the Division of Banking criteria for classification as Class B. comment Immediate action is warranted in order to delete Supervision and Regulation authority to Executive Order and Regulatory unnecessary restrictions on the waive the prior notice period on notices Flexibility Act interstate movement of certain cattle by U.S. banking organizations to establish foreign branches. This rule is issued in conformance from the State of Mississippi. with Executive Order 12291 and has Further, pursuant to the EFFECTIVE d a t e : October 29,1985. been determined to be not a major rule. administrative procedure provisions in 5 FOR FURTHER INFORMATION CONTACT: Based on information compiled by the U.S.C. 553, it is found upon good cause James Keller, Manager, International Department, it has been determined that that prior notice and other public Banking Applications, Division of this rule will not have a significant procedures with respect to this interim Banking Supervision and Regulation effect on the economy; will not cause a rule are impracticable and contrary to (202/452-2523); or Joy W. O’Connell major increase in costs or prices for the public interest, and good cause is Telecommunication Device for the Deaf consumers, individual industries, found for making this interim rule [TDD1 (202/452-3244); Board of Federal, State, or local government effective less than 30 days after Governors of the Federal Reserve agencies, or geographic regions; and will publication of this document in the System, Washington, DC 20551. not have any significant adverse effects Federal Register. SUPPLEMENTARY INFORMATION: The on competition, employment, Comments have been solicited for 60 Board is amending its delegation rules to investment, productivity, innovation, or days after publication of this document permit the Director of the Division of on the ability of United Stàtes-based A document discussing comments Banking Supervision and Regulation to enterprises to compete with foreign- received and any amendments required waive the 45-day notice period for based enterprises in domestic or export will be published in the Federal establishment of a foreign branch by a markets. Register. U.S. banking organization under For this action, the Office of List of Subjects in 9 CFR Part 78 § 2112(a)(3) of Regulation K (12 CFR Management and Budget has waived its 211.3(a)(3)). This corresponds to the review process required by Executive Animal Diseases, Brucellosis, Cattle, current delegation of authority Order 12291. Hogs, Quarantine, Transportation. permitting the Director to waive the 45- Cattle moved interstate are moved for PART 78— BRUCELLOSIS day prior notification period for an slaughter, for use as breeding stock, or investment under Regulation K. lor feeding. Changing the status of the Accordingly, .9 CFR Part 78 is The provisions of 5 U.S.C, 553 relating State of Mississippi reduces certain amended as follows; to notice, public participation and testing and other requirements on the 1. The authority citation for Part 78 deferred effective date are not followed interstate movement of these cattle. continues to read as follows: in connection with the adoption of this ; Testing requirements for cattle moved Authority: 21 U.S.C. lll-lM a-l. 114g. 115, amendment because the changes interstate for immediate slaughter or to 117,120,121,123-126,134b. 134fc 7 CFR 2.17, involved are procedural in nature and quarantined feed lots are not affected by 2.51, and 3712(d). do not constitute substantive rules the change in status. Also, cattle from subject to the requirement of that Certified Brucellosis-Free Herds moving § 78.20 [Amended] section. interstate are not affected by the change 2. Section 78.20(c) is amended by Pursuant to section 605(b) of the in status. It has been determined that adding "Mississippi” immediately Regulatory Flexibility Act (Pub. L. 96- the change in brucellosis status made by before "Missouri”. 354; 5 U.S.C. 601 et s e q \ the Board of this document will not affect marketing 3. In § 7820(d). “Mississippi,” is Governors of the Federal Reserve patterns arid will not have a significant removed. System certifies that the amendment 45810 Federal Register / VoL 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations

adopted will not have a significant 14 CFR Part 71 body of technical regulations for which economic impact on a substantial [Airspace Docket No. 85-ANM-21] frequent and routine amendments are number of small entities that would be necessary to keep them operationally subject to the regulation. Alteration of Great Falls, MT, current. It, therefore: (1) Is not a “major List of Subjects in 12 CFR Part 265 Transition Area rule” under Executive Order 12291; (2) is Authority delegations [Government not a "significant rule” under DOT AGENCY: Federal Aviation agencies], Banks, Banking, Federal Regulatory Policies and Procedures (44 Administration (FAA), DOT. Reserve System. FR 11034; February 26,1979); and (3) ACTION: Final rule. PART 265— [AMENDED] does not warrant preparation of a SUMMARY: This action redefines the regulatory evaluation as the anticipated 12 CFR Part 265 is amended as current geographical boundaries of the impact is so minimal. Since this is a follows: Great Falls, Montana, transition area to routine matter that will only affect air 1. The authority citation for Part 265 provide additional controlled airspace traffic procedures and air navigation, it continues to read as follows: to ensure that aircraft conducting is certified that this rule will not have a Authority: Sec. 11, 38 Stat. 261; 12 U.S.C. Instrument Flight Rule (IFR) operations significant economic impact on a 248. at recently revised minimum vectoring substantial number of small entities 2.12 CFR Part 265 is amended by altitudes are separated from aircraft under the criteria of the Regulatory revising § 265.2(c)[27) to read as follows: conducting Visual Flight Rule (VFR) Flexibility Act. operations when the visibility is less § 265.2 Specific functions delegated to than 3 miles, thereby enhancing the List of Subjects in 14 CFR Part 71 Board employees and to Federal Reserve safety of such operations. Bank. * * * ★ ★ e f f e c t iv e DATE: 0901 G.m.t., January 16, Transition areas, Aviation safety. 1986. (c) * * * Adoption of the Amendment FOR FURTHER INFORMATION CONTACT: (27) Under sections 25 and 25(a) of the Katherine Paul, Airspace Technical Federal Reserve Act and Part 211 of this Accordingly, pursuant to the authority Specialist, ANM-535, Federal Aviation chapter (Regulation K), to waive the 45 delegated to me, § 71.181 of Part 71 of Administration, 17900 Pacific Highway days’ prior notice period for the Federal Aviation Regulations (14 South, C-68966, Seattle, Washington establishment of a branch by a U.S. CFR Part 71) is amended as follows: 98168, Telephone (206) 431-2530. banking organization under § 211.3(a)(3) 1. The authority citation for Part 71 and for an investment that qualifies for SUPPLEMENTARY INFORMATION: continues to read as follows: the prior notification procedures set History forth in § 211.5(c)(2) of Regulation K (12 Authority: 49 U.S.C. 1348(a), 1354(a), 1510; On June 19,1985, the FAA proposed to CFR 211.3(a)(3) and 211.5(c)(2)). Executive Order 10854; 49 U.S.C. 106(g) * * * * * amend Part 71 of the Federal Aviation (Revised Pub. L. 97-449, January 12,1983); 14 By order of the Board of Governors, Regulations (14 CFR Part 71) to redefine CFR 11.69. October 29,1985. the current geographical boundaries of 2. By amending § 71.181 as follows: James McAfee, the Great Falls, Montana, transition area (50 FR 25426). This action is necessary Associate Secretary of the Board. Great Falls, Montana [Revised] to provide additional airspace to ensure [FR Doc. 85-26272 Filed 11-1-85: 8:45 am] that aircraft conducting IFR operations at “That airspace extending upward from 700 BILLING CODE 6210-01-M recently revised minimum,vectoring feet above the surface within a 17-mile radius altitudes are separated from aircraft of Malmstrom AFB (lat. 47°30'05"N/16ng. DEPARTMENT OF TRANSPORTATION conducting VFR operations when the 111°11'20"W) within 3 miles each side of visibility is less than 3 miles. Great Falls VORTAC 157 radial, extending Federal Aviation Administration Interested parties were invited to from the 17-mile radius area to 21.5 miles 14 CFR Part 39 participate in this rulemaking southeast of the VORTAC, and within 9 miles proceeding by submitting written northwest of and 13 miles southeast of the [Docket No. 85-CE-19-AD; Arndt. 39-5146] comments on the proposal to the FAA. Great Falls VORTAC 225 radial, extending Airworthiness Directives; Beech Model No comments objecting to the proposal from the 17-mile radius area to 15 miles 34C, 50, 60, 65, 70, 90, 99,100, and 200 were received, Except for editorial southwest of the VORTAC. That airspace Series Airplanes changes, this amendment is the same as extending upward from 1,200 feet above the that proposed in the notice. Section surface within a 60-mile radius of the Great Correction 71.181 of Part 71 of the Federal Aviation Falls VORTAC; and that airspace beginning In FR Doc. 85-24456 beginning on page Regulations was republished in 60 miles southeast of the Great Falls 41674 in the issue of Tuesday, October Handbook 7400.6A dated January 2, VORTAC from the south edge of V-113, east 15,1985, make the following corrections: 1985. to the west edge of V-187, southeast to the intersect of the east edge of V-257, northwest § 39.13 [Corrected] The Rule to the intersect of the 60-mile radius of Great 1. On page 41676, in Table .I, in the This amendment to Part 71 of the Falls VORTAC; excluding that portion second column entitled “Serial No.”, the Federal Aviation Regulations redefines overlying the Billings, Montana, and Helena, tenth entry is corrected to read: “LU-1 the current geographical boundaries of Montana, 1,200-foot transition areas.” and up”. the Great Falls, Montana, transition area Issued in Seattle, Washington on 2. The twelfth entry is corrected to to ensure aircraft operating under IFR September 26,1985. read: “LJ-1 thru LJ-993”. conditions would have exclusive Use of Charles R. Foster, 3. The eleventh entry from the bottom that airspace when visibility is less than is corrected to read: “BB-1040 thru BB- 3 miles. Director, Northwest Mountain Region. 1045”. The FAA has determined that this [FR Doc. 85-26240 Filed 11-1-85; 8:45 am] BILLING CODE 1505-01-M regulation Only involves an established BILLING CODE 4904-13-M Federal Register / Vol. 50, No, 213 / Monday, November 4, 1985 / Rules and Regulations 45811

COMMODITY FUTURES TRADING to provide for the trading of commodity permitting the trading of one option per COMMISSION options in a regulated environment. As exchange on a physical commodity, 47 part of that program, the Commission FR 56996 (December 22,1982), and then 17CFR Part 33 limited the number of options which permitted two options per exchange could be traded on each exchange. This whether on futures or physicals. 48 FR Domestic Exchange-Traded limitation enabled the Commission to 41575 (September 16,1983). Finally, on Commodity Options; Expansion of the focus regulatory resources on a few August 24,1984, the Commission Pilot Program for Options on Non- instruments in an effort to prevent the expanded from two to five the number Agricultural Futures Contracts potential for abusive practices and of option contracts permitted per agency: Commodity Futures Trading pervasive frauds which had previously exchange. 49 FR 33641. Commission. characterized the trading in commodity Although in its August 30,1985, options. ACTION: Final rulemaking. Federal Register notice of proposed The Commission, on August 30,1985, rulemaking the Commission identified sum m ary: In late 1981, the Commission proposed revisions to the option rules problems which have arisen in published final rules establishing a and requested public comment on the connection with the trading of strictly controlled, three-year pilot possible termination of the pilot commodity options which require program to permit exchange-traded program. Among other things, the careful scrutiny before the pilot nature commodity options on non-agricultural Commission asked whether, if the pilot of the program is terminated, the futures contracts. 46 FR 54500 nature of the program were maintained, Commission also noted that the program (November 3,1981). Option trading exchanges should be permitted to trade to permit exchange-traded commodity began on October 1,1982, following the more than five options on non- options in the United States overall has designation of the first option contract agricultural futures contracts. The been successful. As a result, the markets. Because the three-year test comment period on those proposed rules Commission has determined period for the pilot program is now ended on October 15,1985. The immediately to expand the pilot program complete, the Commission is evaluating Commission received comments from for domestic non-agricultural its overall experience with the program sixteen commentors. Among these were commodities from five to eight options one insurance company, six future and the option rules. In this regard, the per exchange while it considers further commission merchants (three of which Commission requested comment on the advisability of terminating the pilot were associated with commercial whether to terminate the pilot status of status of the program and making other banks), two banks, a large multinational the program. 50 FR 35247 (August 30, changes to the regulations relating to corporation, three commodity futures 1985). In requesting comment on the exchange-traded options. pilot program, the Commission noted exchanges, a futures industry that it would consider removing the association, and a foreign government. Related Matters Several of the commentors stated that limitation on the number of option A. The Regulatory Flexibility Act contracts that can be traded per whatever the merits of terminating the exchange. The Commission believes that pilot status of the program, the The Regulatory Flexibility Act (RFA), while certain other aspects of the pilot Commission should move with dispatch 5 U.S.C. 601 et seq., requires that program are still being evaluated, it is to expand the pilot program. These agencies, in proposing rules, consider appropriate at this time to approve an commentors noted that the current the impact of these rules on small immediate expansion of the pilot constraint on the number of options businesses. The Commission previously program from five non-agricultural permitted per exchange resulted in determined that the proposed option contracts per exchange to eight. certain options on currency futures regulations would not have a significant being unavailable for trading. These e f f e c t iv e DATE: This amendment will economic impact on a substantial commentors further noted that the become effective upon the expiration of number of small entities. Moreover, no availability of such options would 30 calendar days of continuous session comments were received in response to further the efficiency of their business of the Congress after the transmittal of the Commission’s invitation from any operations. The Commission has this rule and related materials to the firms or other persons who believed that considered the views of these House Committee on Agriculture and the promulgation of these rule commentors and believes that such an the Senate Committee on Agricultural, amendments might have a significant expansion—as an immediate, interim Nutrition and Forestry pursuant to impact upon their activities. Therefore, step—has m erit1 section 4c(c) of the Commodity in accordance with the provisions of the The Commission’s program to permit Exchange Act, but not before further RFA, the Chairman of the Commission the trading of commodity options has notice of the effective date is published certifies that this rule will not have a resulted in their phased introduction. in the Federal Register. significant economic impact on a For example, the initial option rules substantial number of small entities. for f u r t h e r information c o n t a c t : permitted one option on a commodity Paul M Architzel, Chief Counsel, futures contract other than on a B. Paperwork Reduction Act Division of Economic Analysis, 2033 K domestic agricultural commodity to be Street, NW., Washington, D.C. 20581, traded on each exchange. 46 FR 54501, The rule being adopted does not call (202) 254-6990. 54530, November 3,1981. Subsequently for the collection of information from the SUPPLEMENTARY INFORMATION: On the Commission adopted rules also general public and therefore is not November 3,1981, the Commission subject to the provisions of the Paperwork Reduction Act, 44 U.S.C. published final rules establishing a 1 As noted in the proposed rulemaking, 50 FR at strictly controlled, three-year pilot 35248, two petitions to expand the number of 3501, et seq. program to permit exchange-traded options permitted on domestic agricultural futures List of Subjects in 17 CFR Part 33 commodity options on non-agricultural contracts remain pending. In light of the more recent addition of the agricultural pilot program, the Commodity exchange, Commodity futures contracts. 46 FR 54500. The Commission believes that it is appropriate to establishment of that program was the continue to review the advisability of such an exchange designation procedures, culmination of the Commission’s efforts expansion. Commodity exchange rules. Commodity 45812 Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations futures, Commodity options, Contract duty under the Generalized System of 10.178)), if imported directly from a markets. Preferences for merchandise produced beneficiary developing country, whereas In consideration of the foregoing and in beneficiary developing countries. In articles classified under items 316.55 pursuant to the authority contained in the case of baler twine produced in and 316.58, TSUS, cannot be entered the Commodity Exchange Act and in certain countries, there is also eligibility free of duty under the GSP. particular sections 2(a)(1)(A), 4c, 5, 5a, 6, for an agricultural implements Classification under either of those and 8a thereof 7 U.S.C» 2, 4 ,6c, 7, 7a, 8, exemption. Under this change, this type items also precludes the agricultural and 12a the Commission hereby amends of rope and twine will be classified as implements exemption in item 870.40, Chapter I of Title 17 of the Code of cordage of man-made fibers in either of TSUS. two tariff schedule items depending on Federal Regulations as follows: A notice inviting the public to the diameter of the cordage. The comment on the petition was published PART 33— REGULATION OF document also advises that the tariff in the Federal Register on April 29,1983 DOMESTIC EXCHANGE-TRADED classification of certain other plastic (48 FR 19510) and a document correcting COMMODITY OPTION TRANSACTIONS twine made from fibrillated strips, now certain omissions in that notice was classified as cordage, and certain rope 1. The authority citation for Part 33 made from nonfibrillated plastic strips, published on May 25,1983 (48 FR 23513), continues to read as follows: now classified as articles of plastics, not The original deadline for comments was Authority: 7 U.S.C. 2 ,2a, 4,6, 0a, 6b, 6c, 6d, specially provided for, will not change. extended to August 26,1983, by a 6e. 6f, 6g, 6h, 6i, 6), 6k, 61,6m, 6n, 6o, 7, 7a, 7b, Federal Register notice published on EFFECTIVE DATE: This decision will be 8, 9,11,12a, 12c, 13a, 13a-l, 13b, 19, 20 and 21 July 26,1983 (48 FR 33961). However, effective as to merchandise entered for unless otherwise noted. since the comments received in consumption or withdrawn from response to these notices raised 2. Section 33.4 is amended by revising warehouse for consumption on or after additional issues, another notice was paragraph (a)(6)(ii) to read as follows: 30 days from the date of publication of published in the Federal Register on this decision in the Customs Bulletin. § 33.4 Designation as contract market for March 30,1984 (49 FR 12801), setting the trading of commodity options. FOR FURTHER INFORMATION CONTACT: forth these issues and requesting further * * * * * James C. Hill, Classification and Value comments by May 29,1984. Of the 35 (a) * * * Division, U.S. Customs Service, 1301 comments received, 28 supported the * * * . Constitution Avenue NW., Washington, petition and 7 opposed it (ii) For commodities not specifically DC 20229 (202-566-8181). enumerated in section 2(a)(1)(A) of the SUPPLEMENTARY INFORMATION: Description of Merchandise Act, is not designated for more than .Background The merchandise which is the subject seven other commodity options; of this document is rope made from Provided, however, That with respect to This document pertains to the tariff extruded plastic film or strips which are options on physicals, no such board of classification of certain imported over one inch wide, but which due to trade may be designated as a contract polypropylene rope and twine. A their special chemical and physical market for more than two commodity petition dated November 9,1982, was properties, are transformed into options. filed with Customs under section 516, fibrillated strips while being twisted into * * * * * Tariff Act of 1930, as amended (19 rope strands or which are fibrillated Issued in Washington, D.C. on October 29, U.S.C. 1516), by the Sunshine Cordage beforehand. In the latter case, 1985 by the Commission. Corporation, an American manufacturer fibrillation may be accomplished by a )ean A. Webb, of synthetic polypropylene rope. An separate twisting or by cutting with pins Secretary of the Commission. amended petition was filed on or knives. The final cordage product, [FR Doc. 85-26240 Filed 11-1-85; 8:45 am) December 14,1982. depending on the degree of coarseness The petitioner contends that the BILLING CODE 6351-0t-M of the fibers, resembles polypropylene cordage which is the subject of this rope made from monofilaments* The petition and which is currently classified rope for which classification will not be by Customs under the provision for DEPARTMENT OF THE TREASURY changed is made from twisted plastic articles of plastics, not specially nonfibrillated film or strips over one Customs Service provided for, n.s.p.f., in item 774.55, inch wide. The twine for which 19 CFR Part 175 Tariff Schedules of die United States classification will not be changed is (TSUS) (19 U.S.C. 1202), is more [T.D. 85-183] made from single strand of twisted appropriately classified under the fibrillated strip which was one inch or provision for cordage of man-made Decision on Domestic Interested Party less in width before fibrillation. Petition Concerning Tariff fibers in items 316.55 or 316.58, TSUS, Classification of Polypropylene Rope depending on diameter. The current rate Discussion of Comments of duty for articles classified under item and Twine G enerally 774.55, TSUS, is 6.1 percent ad valorem, AGENCY: Customs Service, Treasury. and the current rate of duty for articles The multiplicity of points made in the a c t io n : Final classification decision. classified under items 316.55 and 316.58, responses translate into six major TSUS, is 4 cents per pound plus 10.3 issues, as they relate to the general s u m m a r y : This document gives notice of percent ad valorem and 12.5 cents per question of whether the instant a change in the tariff classification of pound plus 15 percent ad valorem, merchandise meets the requirement in certain polypropylene rope and twine respectively. The petitioner correctly Headnote 1(a), Part 2, Schedule 3, TSUS, made from fibrillated strips, which are notes that articles classified under item that cordage consist of ‘‘assemblages of currently classified under the provision 774.55, TSUS, can be entered free of textile fibers or yams.” Omitted is any for articles of plastics, not specially duty under the Generalized System of discussion concerning the claims made provided for. This classification carries Preferences (GSP) (see §§ 10.171-10.178, by proponents of the petition that with it eligibility for an exemption from Customs Regulations (19 CFR 10.171- continuation Of the lower-rate Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations 45813 classifications will have continuing administrative authority of Customs to The Extrusion or Other Process Issue adverse economic impact on the apply a one-inch width limitation any­ The opponents of the petition argue domestic cordage industry and its how to establish a standard where that fibrillated strips are not textile suppliers and the claims made by objective criteria are called for but are fibers because the provision for fibers opponents that failure of Congress to not specifically set forth in TSUS made by “other processes” in Headnote enact legislation changing the Customs headnotes, and Customs has properly 2(b), Subpart E, Part 1, Schedule 3, classifications suggests approval of such applied such a standard with respect to TSUS, excludes products made by an treatment. Customs cannot consider fibrillated strips. However, arguments extrusion since extruded products are claims of that nature. promoting standards or product otherwise provided for in that headnote, The N onfibriliated Strip Issue distinctions not otherwise specifically and the intervening fibrillation process mandated by the TSUS, to create disqualifies the merchandise from that The first issue is raised by the exceptions to broader tariff petitioner’s contention that the provision. However, we find that the requirement in Headnote 3(d), Subpart classification principles otherwise intervening fibrillation process warrants E, Part 1, Schedule 3, TSUS, that plastic militating against widely disparate tariff the opposite conclusion. It is also strips; in order to be regarded as textile treatment for essentially similar contended the K ores decision, supra, fibers, must be not over one inch in merchandise are nor persuasive. Nor are stands for the proposition that textile width in their “unfolded, untwisted, and thè arguments persuasive to the extent fibers cannot be formed by cutting film. uncrimped” condition, applies only to they promote a product distinction However, the cutting process discounted articles made of strips which are not which for much of the merchandise in by the court in that matter occurred folded, twisted or crimped. However, question is impractical in its application. after the point in time when there had to the plain meaning of the headnote is For example, for fibrillated strips which be in existence a textile fiber for otherwise. The statutory language is are more yam-like and less coarse or component-in-chief-value cost clear and unambigous and, therefore, ribbon-like, it is often impossible comparisons. must be the “primary source for the without a laboratory analysis to The Plexiform Filament Issue determination of legislative intent” determine the width of the film or strips Merry Mary Fabrics, Inc. v. United from which the fibrillated product In arguing that fibrillated strips are States, 1 CIT13,17 (1980). See also Le originated. Accordingly, in connection not subject to limitations applicable to feune, Inc. v. United States, 67 Cust. Ct. with this review we now find that nonfibriliated strips, the proponents of 301, C.D. 4289 (1971), in which the tariff continuation of the distinction in the petition claim that fibrillated strips classification of crimped strips was question as it applies to the tariff otherwise qualify as textile fibers by evaluated against the headnote one-inch classification of cordage is no longer falling within the definition for limitation. Accordingly, we find at the justifiable and must be regarded as an “plexiform filaments” in Headnote 3(c), outset that the current classification of “artificial. . . distinction. . . requiring Subpart E, Part 1, Schedule 3, TSUS, rope made from nonfibriliated strips correction” as dealt with by the court in which is not subject to any dimensional over one inch wide in correct. United States v. Rembrandt Electronics, criteria. The opponents disagree. The The One-Inch Width Limitation Issue Inc., 64 CCPÀ1, 5, 6, C.A.D. 1175 (1976). issue is whether fibrillated strips are “plexiform filaments” as that term is It should be further noted that the The second issue raised in the petition used in the TSUS. artificial one-inch limitation reflects a and opposing comments is whether The opponents cite legislative history further misapplication of principles Customs has properly made a extensively, the most pertinent part of distinction between cordage made from pertinent to determining what material a which was cited and quoted at length in fibrillated film or strips which, before product is made of. In accordance with our Federal Register notice of March 30, fibrillation, are over one inch wide and General Headnote 9(f) (i), TSUS, an 1984. The most pertinent secondary those which are narrower. It is stressed article may be considered as “o f’ a authority cited was Synthetic Fibers in the opposing comments that given material if it is in chief value of from Petroleum by Marshall Sittig fibrillation of strips does not result in that material, and the cost comparison is (1967), p. 267. These materials show that anything other than fibrillated strips to be made at the time of final assembly. the term “plexiform filaments” was and, therefore, the one-inch width Kores Manufacturing Corp. v. United coined as a variation of the term headnote limitation applicable to strips States, 3 CIT 178 (1982). However, an “plexifilaments” which was invented for is applicable to fibrillated strips. This assembly in which materials of the same patent application purposes by the view, however, is not supported by the composition are joined cannot be a inventors of certain man-made fibers authorities which we have consulted basis for cost comparisons, and the produced by what was called dry which rather suggest fibrillation results manufacture of cordage is generally not spinning or flash spinning techniques. in a transformed product. For example, referred to as an assembly. Therefore, The term “plexiform filaments” fibrillated strips are often referred to as we find that the concept incorporated in otherwise has no current recognition in yarns, although that is riot conclusive of the TSUS based on what a product is any technical references or treatises or what constitutes a yarn for tariff made "o f’ must be distinguished from commercial nomenclature. classification purposes. See, for what a product is made example, Encyclopedia of Polymer from . Accordingly, technical opinions Science and Technology (1968), vol. 9, p. Accordingly, what the instant submitted, which both advocate and 410; Modern Textile & Apparel merchandise is made of must be oppose the view that fibrillated strips . Dictionary by George E. Linton (1973), p. determined as of the time of its constitute plexiform filaments, have no 235; Fiber to Fabric by Bernard P. importation in its condition as imported, nexus with technical references and Corbmari (5th ed. 1975), p. 476. and as of that time and in that condition therefore must be regarded as If not strips and therefore not it is made of twisted fibrillated fibers conclusions principally influenced by technically within the one-inch width which no longer retain the the legislative history and other headnotes limitations, the opponents to characteristics of the strip or film from considerations from which we must the petition contend it is within the which it was made. draw our conclusions. However, for the 45814 Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations purpose of the tariff classification of the fibrillation are over one inch in width DEPARTMENT OF HEALTH AND instant merchandise, we abstain from are properly classifiable under the HUMAN SERVICES drawing any such conclusions at this provisions for cordage of man-made time because whether or not fibrillated fibers in items 316.55 and 316.58, TSUS. Food and Drug Administration strips constitute plexiform filaments is a Accordingly, the classification of such moot point. merchandise under the provision for 21 CFR Part 73 If fibrillated strips do not qualify as articles of plastics, n.s.p.f., in item plexiform filaments as described by 744.55, TSUS, will be changed, and the [Docket No. 84C-0098] headnote definition, they would still petition is allowed to that extent. qualify as textile fibers under Headnote Poly(Hydroxyethyl Methacrylate)-Dye 3(f), Subpart E, Part 1, Schedule 3, TSUS, The petition is denied to the extent Copolymers; Listing of Color Additive which encompasses ‘‘any other fibrous that we find the classification of for Coloring Contact Lenses; structure suitable for the manufacture of polypropylene cordage made of Confirmation of Effective Date textiles.” nonfibrillated film or strips over one inch wide, under the provision for AGENCY: Food and Drug Administration. The Suitability-for Use Issue articles of plastics, n.s.p.f., in item ACTION: Final rule; confirmation of The issue raised by the foregoing 774.55, TSUS, is correct and will be effective date. position as to whether fibrillated strips continued. We also find that the are suitable for the manufacture of classification of twine made from a SUMMARY: The Food and Drug textiles is pertinent whether or not they single strand of fibrillated Administration (FDA) is confirming the are regarded as plexiform filaments polypropylene material, which before effective date of September 19,1985, for since qualifying as a plexiform filament fibrillation was one inch or less in under the headnote definition is also a regulation that provides for the safe width, as cordage, is correct and will be conditioned on the same suitability-for- use of the colored polymeric reaction continued. This decision is limited to the use criterion. Accordingly, it is claimed product formed by chemically bonding described rope and twine and no by opponents of the petition that even if, Reactive Blue No. 4 with or whether or not, they are regarded as distinctions will be made between polyfhydroxyethyl methacrylate) to plexiform filaments, polypropylene products made by different fibrillation produce tinted contact lenses. This fibrillated strips are used only in processes or those having different action responds to a petition filed by cordage, are never used in textiles and degrees of strand coarseness. Therefore, Bausch & Lomb, Inc. this decision is not dispositive of the cannot be used in textile machines, and, EFFECTIVE DATE: Effective date tariff classification of other fibrillated therefore, do not meet the suitability-for- confirmed: September 19,1985. use-in-the-manufacture-of-textiles plastic strip or film products. The requirement. The proponents of the petitioner may further argue its position FOR FURTHER INFORMATION CONTACT: petition, however, state that they are on the classification of nonfibrillated Rudolph Harris, Center for Food Safety suitable for use in textiles and cite as an rope by filing a notice of intention to and Applied Nutrition (HFF-335), Food example use in backing for rugs. The contest this decision as provided for in and Drug Administration, 200 C St. SW„ authorities support the latter position. § 175.23, Customs Regulations (19 CFR Washington, DC 20204, 202-472-5690. See, for example, Fiber to Fabric, supra, 175.23). Importers adversely affected by SUPPLEMENTARY INFORMATION: In a final where uses in carpet backing are this decision must prosecute their rule published in the Federal Register of described. See also the Handbook of disagreements under the protest August 19,1985 (50 FR 33336), FDA Polyolefin Fibres by J. Gordon Cook procedure in Part 174, Customs amended the color additive regulations (1967), p. 420, where uses on textile Regulations (19 CFR Part 174). to provide for the safe use of the colored machines are also referred to. Authority polymeric reaction product formed by The Assemblage Issue chemically bonding Reactive Blue No. 4 The final issue is whether single This notice is published under the [2-anthracenesulfonic acid, l-amino-4-(3- strand twine made of a single fibrillated authority of section 516(b), Tariff Act of ((4,6-dichloro-s-triazin-2-yl)amino)-4- strip, all of the foregoing considerations 1930, as amended (19 U.S.C. 1516(b)), sulfoanilino)-9,10-dihydro-9,10-dioxo, to the contrary notwithstanding, must Tariff Act of 1930, and § 175.22(a), disodium salt] with poly(hydroxyethyl still be excluded from the cordage Customs Regulations (19 CFR 175.22(a)). methacrylate) to produce tinted contact provisions because it does not consist of Drafting Information lenses. “assemblages” of fibers. However, as In the final rule, FDA gave interested previously discussed, all of the The principal author of this document persons until September 18,1985, to file merchandise must be classified was John E. Doyle, Regulations Control objections. The agency received no primarily in its condition as imported. Branch, Office of Regulations and objections or requests for a hearing on Accordingly, even though the Rulings, U.S. Customs Service. However, the final rule. Therefore, FDA has manufacture of single strand twine personnel from other Customs offices concluded that the final rule published starts with a single strip, its participated in its development. in the Federal Register of August 19, characteristics in its fibrillated condition William von Raab, 1985, for the colored polymeric reaction as imported are those of assemblages of Commissioner of Customs. product between poly(hydroxyethyl fibers. Approved: October 17,1985. methacrylate) and Reactive Blue No. 4 Tariff Classification should be confirmed. David D. Queen, After careful analysis of the Acting Assistant Secretary of the Treasury. List of Subjects in 21 CFR Part 73 comments, and further review of the [FR Doc. 85-26267 Filed 11-1-85; 8:45 am) matter, we find that polypropylene rope Color additives. Cosmetics, Drugs, and twine made of fibrillated film or BILUNG CODE 4820-02-M Medical devices. strips which in their conditions before Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations 45815

PART 73— USTIN G OF COLOR proposing the removal of nalmefene and the consultation requirements of ADDITIVES EXEMPT FROM its salts from Schedule II of the Executive Order 12291. CERTIFICATION Controlled Substances Act (CSA) (21 U.S.C. 812(e) Schedule 11(a)(1); PART 1308— [AMENDED] Therefore, under the Federal Food, § 1308.12(b)(1), Title 21 of the Code of Accordingly, 21 CFR Part 1308 is Drug, and Cosmetic Act (secs. 701, 706, Federal Regulations (CFR}). All amended as follows: 52 Stat. 1055-1056 as amended, 74 Stat. interested persons were given until July 1. The authority citation for Part 1308 399-407 as amended (21 U.S.C. 371, 376)) 30,1985, to submit their objections, continues to read as follows: and under authority delegated to the comments or requests for a hearing Commissioner of Food and Drugs (21 regarding the proposal. No objections Authority: Secs. 201, 202, 501(b). 84 Stat CFR 5.10), notice is given that no were received nor were there any 1245,1246,1247,1248,1249,1250,1251,1252. objections or requests for a hearing requests for a hearing. One comment 1271; 21 ILSjC. 811,812,871(b). were filed in response to the August 19, was received from a manufacturer of 2. Section 1308.12 is amended by 1985, final rule. Accordingly, the opium derivatives. It expressed support revising paragraph (b)(1) to read as amendments promulgated thereby for the proposed action and concern that follows: became effective September 19,1985. the uncontrolled importation of Dated: October 29,1985. § 1308.12 Schedule It decontrolled opiate derivatives * * * * *r Mervin H. Shumate, manufactured from controlled Acting Associate Commissioner for substances will foster widespread (b) * * * Regulatory Affairs. opiate raw material production; (1) Opium and opiate, and any salt, [FR Doc. 85-26206 Filed 11-1-85; 8:45 am) therefore, the international controls on compound, derivative, or preparation of BILUAiS CODE 4160-01-M narcotic substances would be weakened opium or opiate excluding apomorphine, by adding to the current, large dextrorphan, nalbuphine, nalmefene, oversupply of the narcotics. Taking into naloxone, and naltrexone, and their DEPARTMENT OF JUSTICE consideration these views, the respective salts, but including the investigations of the Drug Enforcement following: Drug Enforcement Administration Administration and the scientific and medical evaluation and 21 CFR Part 1308 recommendation of the Secretary of the (1) Raw opium...... 9600 Department of Health and Human Schedules of Controlled Substances: (2) Opium extracts______9610 Services, received pursuant to 21 U.S.C. (3) Opium f l u i d ...... 9620 Removal of Nalmefene From Control 811(b), the Administrator finds that (4) Powdered opium______9639 agency: Drug Enforcement there currently does not exist evidence (5) Granulated opium...... ___ 9640 Administration, Justice. that nalmefene possesses sufficient (6) Tincture of opium...... 9630 potential for abuse to justify its (7) Codeine...... 9050 action: Final rule. continued control m any schedule of the (8) Ethyhnorphine...... 9190 CSA. (9) Etorphine hydrochloride...... _ 9059 summary: This is a final rule which (10) Hydrocodone...... 9193 Therefore, under the authority vested removes the substance, nalmefene, and (11) Hydromorphone__ ___ 9150 its salts from control under the in the Attorney General by section (12) Metopon...... —...... 9260 Controlled Substances Act (21 U.S.C. 201(a) of the CSA (21 U.S.C. 811(a)) and (13) Morphine...—_.._____ —______9300 801 et seq.J. Chemically, nalmefene is delegated to the Administrator of the (14) Oxycodone...... ______... 9143 17-(cyclopropylmethyl)-4,5-epoxy-8- Drug Enforcement Administration by (15) Oxymorphone...... 9652 methylenemorphinan-3,14-dioi. regulations of the Department of Justice (16) Thebaine...... 9333 Nalmefene has been a Schedule I! (28 CFR 0.100), the Administrator hereby narcotic by virtue of its derivation from orders that 21 CFR 1308.12(b)(1) be ***** the Schedule IÏ opioid thebaine. The amended by removing nalmefene and its ruling results from the Administrator of salts from control. Dated: October 29,1985. the Drug Enforcement Administration Pursuant to 5 U.S.C. 605(b), the John C. Lawn, finding, based largely upon the Administrator hereby certifies that the Administrator, Drug Enforcement recommendation of the Acting Assistant decontrol of nalmefene will have no Administration. Secretary for Health, that nalmefene adverse impact upon small businesses [FR Doc. 85-26124 Filed 11-1-85; 8:45 amj does not have sufficient potential for or other entities whose interests must be BILUNG CODE 4410-09-M abuse or abuse liability to justify its considered under the Regulatory continued control in any schedule. Flexibility Act (Pub. L. 96-354). In addition, nalmefene has not been e f fe c tiv e d a t e : November 4,1985. DEPARTMENT OF TRANSPORTATION approved by the Food and Drug FOR FURTHER INFORMATION CONTACT: Administration for use in medical Howard McClain, Jr., Chief, Drug National Highway Traffic Safety treatment or to have accepted safety for Administration Control Section, Drug Enforcement use as a drug or other substance under Administration, Washington, DC 20537, medical supervision in the United Federal Highway Administration Telephone: (202) 633-1366. States. SUPPLEMENTARY INFORMATION: In accordance with the provisions of 23 CFR Part 1204 21 U.S.C 811(a), this proposal to remove List of Subjects in 21 CFR Part 1308 [NHTSA Docket No. 84-08; Notice 2} nalmefene from Schedule II is a formal Administrative practice and rulemaking “on the record after procedure. Drug traffic control. Uniform Standards for State Highway opportunity for a hearing." Such Safety Program Narcotics, Prescription drugs. proceedings are conducted pursuant to A notice was published in the Federal the provisions of 5 U.S.C 556 and 557 a g e n c y : National Highway Traffic Register on May 31,1985 (50 FR 23144) and as such have been exempted from Safety Administration (NHTSA), 45816 Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations

Federal Highway Administration Department of Transportation, Highway local governments expressly provide (FHWA), DOT. Division, noted that the changes will that it is each State’s responsibility to a c t io n : Final rule. "allow the flexibility to tailor the establish programs and that in doing so programs to meet the needs of those it must seek the cooperation of smaller SUMMARY: This notice amends seven of they are intended to serve” and will governmental units. The standards do the Uniform Standards for State have a positive effect on the programs in not place the responsibility for Highway Safety Programs. The purpose the State. The Department of Highways compliance on these units. We are of this action is to clarify the Standards and Traffic, St. Louis County, Missouri, retaining references to political and reduce the apparent imposition of also went on record as endorsing the subdivisions and local governments in Federal recordkeeping and reporting proposal. order to make it clear that they should burdens on State governments. States Commenters did suggest be consulted by the State during States’ should continue to have a program in modifications and alternatives. To development and implementation of each of these seven areas. However, the “lessen the binding language contained certain programs. recordkeeping and reporting within the standards,” the Michigan The Maryland Department of components set forth in the standards Department of State Police urged the Transportation recommended that the will serve only as models. States will agencies to change the “shall” in all language of the highway safety program now have greater latitude to implement lead-in paragraphs to “should”. Several standards not affected by this programs solely to suit their individual commenters suggested changing the rulemaking also be modified in accord needs. language from “standard^” to with the new wording. This change, the DATE: The final rule becomes effective “guidelines.” One commenter suggested Department felt, would eliminate any eliminating the standards entirely. November 4,1985. distinctions between the two groups of The agencies have not adopted these FOR FURTHER INFORMATION CONTACT: standards. In addition, the Department suggestions. The purpose of the George Reagle, Associate Administrator suggested revising all the standards to amendment, as noted in the preamble to for Traffic Safety Programs, National “reflect the extensive knowledge and the NPRM, is limited to reducing Highway Traffic Safety experience gained, as well as the apparent Federal paperwork burdens. Administration, 400 Seventh Street, technological progress that has The proposals are therefore outside the SW., Washington, D.C. 20590. (202- occurred, since the issuance of the scope of the rulemaking action. In 426-0837). standards.” Since the remaining eleven addition, we believe that this action Howard Hanna, Chief, Program standards do not contain any paperwork Development Division, Federal achieves the goal sought by those commenters who wished the requirements, modifications to them are Highway Administration, 400 Seventh outside the scope of this rulemaking. terminology changed from "standards” Street, SW., Washington, D.C. 20590. However, NHTSA and FHWA will take (202-426-2131). to “guidelines” while, at the same time, preserving the language of section 402(a) these comments into consideration in SUPPLEMENTARY INFORMATION: On of the Highway Safety Act, which any future rulemaking. August 28,1984, the National Highway requires States to have highway safety The International Association of ' Traffic Safety Administration and the programs “in accordance with uniform Chiefs of Police, Inc. stated that Federal Highway Administration issued standards promulgated by the eliminating apparent paperwork a notice of proposed rulemaking (NPRM) Secretary”. Section 402(c) of the same burdens is a desirable goal provided (49 FR 34513) to amend seven of the 18 Act provides for withholding of funds that the mission of the standards is not Uniform Standards for State Highway from non-complying States, but it also jeopardized. The Association was Safety Programs. That notice proposed provides that the agencies need not concerned that the flexibility made changing the language of 23 CFR Part mandate compliance with every possible by the modifications might 1204, which appears to impose standard, or with every element of every preclude the usefulness of program mandatory Federal recordkeeping and standard, in every State. The results for comparison or analysis reporting requirements on the States as amendment in this notice is consistent purposes and proposed that the a condition of receiving Federal highway with these statutory provisions, in that it information reporting be implemented in safety funds. We proposed retaining enables the States to design programs a uniform manner. To simplify the these standards while giving States consistent with their own needs and evaluating and reporting process, the greater flexibility to design their own capabilities while recognizing that the Mitchell County Highway Department programs. We sought comment on the seven program areas are vital proposed using a standard reporting impact of this proposed amendment on components of effective highway safety form. The agencies believe that rather the States in administering their policy. than simplify the process, the task of highway safety programs. The Oakland County, Michigan, Board evaluating and reporting would become The public comment period on the of County Road Commissioners more onerous with a standard form. The NPRM closed on October 1,1984. The recommended that the preamble to each agencies want to give the States latitude agencies had received three comments program standard refer solely to the in determining the best ways to on the NPRM by the close of the v State’s responsibilities, and not to the implement the programs and do not comment period. Since then, we have responsibility of local governments. This believe that the modifications proposed received an additional six comments. modification, the Board felt, would will have a detrimental affect upon Generally, the commenters supported clarify that it is the States and not other satistical analyses. the reduction of the restrictive language governmental units which are Economic Impact and Other Effects contained within the standards. The responsible for compliance with Mitchell County Highway Department, program standards. The agencies NHTSA and FHWA have analyzed Beloit, Kansas, remarked that in rural believe that the responsibility of the the impact of this action and have areas it had been difficult to find anyone States for compliance with program determined that it is neither "major” to inspect vehicles with regard to safe standards is manifest in the language of within the meaning of Executive Order vehicle performance because of the the Act. Additionally, those standards 12291, nor “significant” within the paperwork involved. The Oregon that refer to political subdivisions or meaning of Department of Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations 45817

Transportation regulatory policies and Highway Safety Program Standard No. 1 following information is readily available for each vehicle: procedures. Because these amendments Periodic Motor Vehicle Inspection will permit greater flexibility in A. Make. determining methods to implement Each State shall have a program for B. Model year. Federal standards, but will impose no periodic inspection of all registered G. Identification number (rather than obligations, the changes will have no vehicles or other experimental, pilot, or motor number). major economic impact on State or local demonstration program approved by the D. Type of body. governments. Because there will be Secretary, to reduce the number of E. License plate number. virtually no economic or other impact vehicles with existing or potential F. Name of current owner. conditions which cause or contribute to from this proposal, a full regulatory G. Current address of owner. accidents or increase the severity of evaluation is not necessary. H. Registered gross laden weight of accidents which do occur, and shall In accordance with the Regulatory require the owner to correct such every commercial vehicle. Flexibility Act, tho,Agencies have conditions. II. Each program should have a evaluated the effects of this action on I. A model program would provide, at records system that provides at least the small entities. Based on this evaluation, a minimum, that: following services. we certify that the proposed amendment A. Every vehicle registered in the A. Rapid entry of new data into the will not have a significant economic State is inspected either at the time of records or data system. impact on a substantial number of small initial registration and at least annually B. Controls to eliminate unnecessary entities. The proposed changes pertain thereafter, or at such other time as may or unreasonable delay in obtaining data. only to State implementation of highway be designated under an experimental, C. Rapid audio or visual response safety programs and will not affect pilot or demonstration program upon receipt at the records station of small business or small governmental approved by the Secretary. any priority request for status of vehicle units. While some of the programs may B. The inspection is performed by possession authorization. use the services of small business competent personnel specifically trained D. Data available for statistical contractors, we believe that the to perform their duties and certified by compilation as needed by authorized programs would not be changed the State. sources. substantially so as to affect those C. The inspection covers systems, E. Identification and ownership of businesses' services, In accordance with subsystems, and eomponents having vehicle sought for enforcement or other this evaluation, no regulatory flexibility substantial relation to safe vehicle operation needs. analysis has been prepared. performance. III. This program should be The Agencies have also analyzed this D. The inspection procedures equal or periodically evaluated by the State, and proposed action for the purpose of the exceed criteria issued or endorsed by the National Highway Traffic Safety National Environmental Policy Act. The the National Highway Traffic Safety Administration should be provided with Agencies have determined that the Administration. an evaluation summary. proposed amendments will not have any E. Each inspection station maintains 4. Section 1204.4 Highway Safety effect on the human environment. records in a form specified by the State, Program Standard No. 5 is revised to The regulations implementing which include at least the following read as follows: Executive Order 12372 regarding information: Highway Safety Program Standard No. 5 intergovernmental consultation on 1. Class of vehicle. Federal programs and activities apply to 2. Date of inspection. D river Licensing this program and have been satisfied. 3. Make of vehicle. Each State shall have a driver 4. Model year. List of Subjects in 23 CFR Part 1264 licensing program: [a) To insure that 5. Vehicle identification number. only persons physically and mentally Highway safety programs. 6. Defects by category. qualified will be licensed to operate a 7. Identification of inspector. (Catalog of Federal Domestic Assistance vehicle on the highways of the State, Program No. 20.205, Highway Research, 8. Mileage or odometer reading. and (b) to prevent needlessly removing Planning, and Construction and No. 20.600, F. The State publishes summaries of the opportunity of the citizen to drive. A State and Community Highway Safety.] records of all inspection stations at least model program would provide, as a annually, including tabulations by make minimum, that: PART 1204—[AMENDED] and model of vehicle. L Each driver holds only one license, II. The program should be periodically which identifies the type(s) of vehicle(s) In consideration of the foregoing, the evaluated by the State and the National he is authorized to drive. following amendments are made to Part Highway Traffic Safety Administration IL Each driver submits acceptable 1204 of Title 23 of the Code of Federal should be provided with an evaluation proof of date and place of birth in Regulations: summary. applying for his original license. 23 CFR Part 1204 is amended as 3. Section 1204.4 Highway Safety III. Each driver: follows: Program Standard No. 2 is revised to A. Passes an initial examination 1. The authority citation for Part 1204 read as follows: demonstrating his: is revised to read as follows: Highway Safety Program Standard No. 2 1. Ability to operate the class(es) of Authority: 23 U.S.C. 402; delegations of vehicle(s) for which he is licensed. Motor Vehicle Registration authority at 49 CFR 1.46 and 1.50. 2. Ability to read and comprehend Each State shall have a motor vehicle traffic signs and symbols. § 1204.4 [Amended] registration program. 3. Knowledge of laws relating to 2. Section 1204.4 Highway Safety I. A model registration program would traffic [rules of the road) safe (hiving Program Standard No. 1 is revised to be such that every vehicle operated on procedures, vehicle and highway safety read as follows: public highways is registered and the features, emergency situations that arise 45818 Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations in the operation of an automobile, and Highway Safety Program Standard No. 9 J. Controls to eliminate unnecessary other driver responsibilities. Identification and Surveillance of or unreasonable delay in obtaining data. 4. Visual acuity, which must meet or Accident Locations K. Rapid audio or visual response exceed State standards. upon receipt at the records station of B. Is reexamined at an interval not to Each State, in cooperation with any priority request for status of vehicle exceed 4 years, for at least visual acuity county and other local governments, possession authorization. and knowledge of rules of the road. shall have a program for identifying L. Data available for statistical IV. A record on each driver should be accident locations and for maintaining compilation as needed by authorized maintained which includes positive surveillance of those locations having sources. identification, current address, and high accident rates or losses. M. Identification and ownership of driving history. In addition, the record I. A model program would provide, as vehicles sought for enforcement or other system should provide the following a minimum, that: operational needs. A. There is a procedure for accurate services: II. Information on drivers and system identification of accident locations on A. Rapid entry of new data into the capabilities should include (conforms to all roads and streets. system. Driver Licensing standard): 1. To identify accident experience and B. Controls to eliminate unnecessary A. Positive identification. losses on any specific sections of the or unreasonable delay in obtaining data road and street system. B. Current address. which is required for the system. 2. To produce an inventory of: C. Driving history. C. Rapid audio or visual response a. High accident locations. D. Rapid entry of new data into the upon receipt at the records station of b. Locations where accidents are system. any priority request for status of driver increasing sharply. E. Controls to eliminate unnecessary license validity. c. Design and operating features with or unreasonable delay in obtaining data D. Ready availability of data for which high accident frequencies or which is required for the system. statistical compilation as needed by severities are associated. F. Rapid audio or visual response authorized sources. 3. To take appropriate measures for upon receipt at the records station of E. Ready identification of drivers reducing accidents. any priority request for status of driver sought for enforcement or other 4. To evaluate the effectiveness of license validity. . operational needs. safety improvements on any specific G. Ready availability of data for V. Each license should be issued for a section of the road and street system. statistical compilation as needed by specific term, and should be renewed to B. There is a systematically organized authorized sources. remain valid. At time of issuance or program: H. Ready identification of drivers renewal each driver’s record should be 1. To maintain continuing surveillance sought for enforcement or other checked. of the roadway network for potentially operational needs. VI. There should be a driver high accident locations. III. Information on types of accidents improvement program to identify 2. To develop methods for their should include: problem drivers for record review and correction. A. Identification of location in space other appropriate actions designed to II. The program should be periodically and time. reduce the frequency of their evaluated by the State and the Federal B. Identification of drivers and involvement in traffic accidents or Highway Administration should be vehicles involved. violations. provided with an evaluation summary. C. Type of accident. VII. There should be: 6. Section 1204.4 Highway Safety D. Description of injury and property A. A system providing for medical Program Standard No. 10 is revised to damage. evaluation of persons whom the driver read as follows: E. Description of environmental licensing agency has reason to believe Highway Safety Program Standard No. conditions. have mental or physical conditions 10 F. Causes and contributing factors, which might impair their driving ability. including the absence of or failure to use B. A procedure which will keep the Traffic Records available safety equipment. driver license agency informed of all Each State* in cooperation with its IV. There should be methods to licensed drivers who are currently political subdivisions, shall maintain a develop summary listings, cross applying for or receiving any type of tax, Statewide traffic records system. tabulations, trend analyses and other welfare or other benefits or exemptions A model program would provide, as a statistical treatments of all appropriate for the blind or nearly blind. minimum, that: combinations and aggregations of data C. A medical advisory board or I. Information on vehicles and system items in the basic minimum data record equivalent allied health professional capabilities should include (conforms to of drivers and accident and accident unit composed of qualified personnel to Motor Vehicle Registration standard): experience by specified groups. advise the driver license agency on A. Make. V. All traffic records relating to medical criteria and vision standards. B. Model year. accidents collected hereunder should be VIII. The program should be C. Identification number (rather than . open to the public in a manner which periodically evaluated by the State, and motor number). does not identify individuals. the National Highway Traffic Safety D. Type of body. VI. The program should be Administration should be provided with E. License plate number. periodically evaluated by the State and an evaluation summary. The evaluation F. Name and current owner! the National Highway Traffic Safety shall attempt to ascertain the extent to G. Current address of owner. Administration should be provided with which driving without a license occurs. H. Registered gross laden weight of an evaluation summary. 5. Section 1204.4 Highway Safety every commercial vehicle. 7. Section 1204.4 Highway Safety Program Standard No. 9 is revised to I. Rapid entry of new data into the Program Standard No. 14 is revised to read as follows: records or data system. read as follows:' Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations 45819

Highway Safety Program Standard No. conditions, and behavior characteristics police officers, in carrying out the 14 displayed by each of the three high risk requirements of this standard in pedestrian groups listed in accordance with laws and policies pedestrian Safety subparagraph (1). established by State and/or local Every State in cooperation with its B. Emphasis on this program content governments. political subdivisions shall develop and should be included in: 4. Procedures should be established to implement a program to insure the (1) All driver education and training assure coordination, cooperation, and safety of pedestrians of all ages. A courses; exchange of information among local, model program would provide, as a (2) Driver improvement courses; and State, and Federal agencies having minimum that: (3) Driver license examinations. responsibility for the investigation of I. There should be a continuing IV. There should be statewide accidents and subsequent processing of statewide inventory of pedestrian-motor programs for training and educating all resulting data. vehicle accidents, identifying members of the public as to safe 5. Each State should establish specifically: pedestrian behavior on or near the procedures for entering accident A. The locations and times of all such streets and highways. information into the statewide traffic accidents. A. For children, youths and adults records system established pursuant to B. The age of all of the pedestrians enrolled in schools, beginning at the Highway Safety Program Standard No. injured or killed. earliest possible age. 10. Traffic Records, and for assuring C. Where feasible, to determine B. For the general population via the uniformity and compatibility of this data whether the exterior features of the public media. with the requirements of the system, vehicle produced or aggravated an V. There should be a statewide including as a minimum: injury. program for the protection of children a. Use of uniform definitions and D. The color and shade of clothing walking to and from school, entering classifications acceptable to the worn by pedestrians when injured or and leaving school buses, and in National Highway Traffic Safety killed, and the visibility conditions neighborhood play. Administration and identified in the which prevailed at the time. VI. There should be a statewide Highway Safety Program Manual. E. The extent to which alcohol is program for establishment and present in the blood of fatally injured ‘ enforcement of traffic regulations b. A standard format for input of data pedestrians 16 years of age and older. designed to achieve orderly pedestrian into the statewide traffic records F. Where possible, to determine, the and vehicle movement and to reduce system. extent to which pedestrians involved in vehicle-pedestrian conflicts. c. Entry into the statewide traffic accidents have physical or mental VII. This program should be records system of information gathered disabilities. periodically evaluated by the States, and submitted to the responsible State II. There should be established and the National Highway Traffic Safety agency. Statewide operational procedures for Administration and the Federal B. Accident reporting. Each State improving the protection of pedestrians Highway Administration should be should establish procedures which through reduction of potential conflicts provided with an evaluation summary. require the reporting of accidents to the with vehicles: 8. Section 1204.4 Highway Safety responsible State agency within a A. By application of traffic Program Standard No. 18 is revised to reasonable time after occurrence. engineering practices including read as follows: C. Owner and driver reports. 1. In pedestrian signals, signs, markings, accidents involving only property parking regulations, and other Highway Safety Program Standard No. damage, where the vehicle can be pedestrian and vehicle traffic control 18 normally and safely driven away from devices. Accident Investigation and Reporting the scene, the drivers or owners of B. By land-use planning in new and vehicles involved should be required to 1. Scope. This standard establishes the redevelopment areas for safe pedestrian submit a written report consistent with requirement that each State shall have a movement. State reporting requirements, to the highway safety program for accident C. By provision of pedestrian bridges, responsible State agency. A vehicle barriers, sidewalks and other means of investigation and reporting. * * * * * should be considered capable of being physically separating pedestrian and normally and safely driven if it does not vehicle pathways. IV. Requirements. Each State, in co­ require towing and can be operated D. By provision of environmental operation with its political subdivisions, under its own power, in its customary illumination at high pedestrian volume shall have an accident investigation manner, without further damage or and/or potentially hazardous pedestrian program. A model program would be hazard to itself, other traffic elements, or crossings. ^ structured as follows: the roadway. Each report so submitted III. There should be established a A. Administration. 1. There should be should include, as a minimum, the Statewide program for familiarizing a State agency having primary following information relating to the drivers with the pedestrian problem and responsibility for administration and accident: with ways to avoid pedestrian supervision of storing and processing a. Location. collisions. accident information, and providing b. Time. A. The program content should information needed by user agencies. include emphasis on: 2. There should be employed at all c. Identification of driver(s). (1) Behavior characteristics of the levels of government adequate numbers d. Identification of pedestrian(s), three types of pedestrians most of personnel, properly trained and passenger(s), or pedal-cyclist(s). commonly involved in accidents with qualified, to conduct accident e. Identification of vehicle(s). vehicles: (i) Children; (ii) persons under investigations and process the resulting f. Direction of travel of each unit. the influence of alcohol; (iii) the elderly; information. g. Other property involved. (2) Accident avoidance techniques 3. Nothing in this standard should h. Environmental conditions existing that take into account the hazardous preclude the use of personnel other than at the time of the accident. 45820 Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations

1. A narrative description of the events large or disproportionate number of No. PA 550). OSM published a notice in and circumstances leading up to the accidents. the Federal Register on June 5,1985, time of impact, and immediately after b. Motor vehicles or motor vehicle announcing receipt of the amendment impact. parts that are involved m a significantly and inviting public comment on the 2. In all other accidents, the drivers or large or disproportionate number of adequacy of the proposed amendment owners of motor vehicles involved accidents or injury-producing accidents. (50 FR 23715). The public comment should be required to immediately notify c. Drivers, pedestrians, and vehicle period ended July 5,1985. the police of the jurisdiction in which occupants of a particular âge, sex, or After providing opportunity for public the accident occurred. This includes, but other grouping, who are involved in a comment and conducting thorough is not limited to accidents involving: (!) significantly large or disproportionate Fatal or nonfatal personal injury, or (2) number of motor vehicle traffic review of the program amendment, the damage to the extent that any motor accidents or injuries. Director has determined that the vehicle involved cannot be driven under d. Accidents in which causation or the amendment meets the requirements of its own power, in its customary manner, resulting injuries and property damage SMCRA and the Federal regulations without further damage or hazard to are not readily explainable in terms of with one exception, and is approving it itself, other traffic elements, or the conditions or circumstances that while requiring correction of the roadway, and therefore requires towing. prevailed. remaining deficiency. The Federal rules D. Accident investigation. Each State e. Other factors that concern State at 30 CFR Part 938 codifying decisions should establish a plan for accident and national emphasis programs. concerning the Pennsylvania program investigation and reporting which V. Evaluation. The program should be are being amended to implement this should meet the following criteria: evaluated at least annually by the State. action. 1. Police investigation should be Substance of the evaluation report This final rule is being made effective conducted of all accidents as identified should be guided by Chapter V of the immediately in order to expedite the in section IV.C.2 above. Information Highway Safety Program Manual. The State program amendment process and gathered should be consistent with the National Highway Traffic Safety encourage States to conform their police mission of detecting and Administration should be provided with programs to the Federal standards apprehending law violators, and should a copy of the evaluation report. without undue delay; consistency of the include, as a minimum, the following; Issued on: October 29,1985 State and Federal standards is required a. Violation(s), if any occurred, cited Diane K. Steed, by SMCRA. by section and subsection, numbers and titles of the State code, that (1) Administrator, National Highway Traffic EFFECTIVE DATE: November 4,1985. Safety Administration. " 7 contributed to the accident where the FOR FURTHER INFORMATION CONTACT: investigating officer has reason to R.A. Barnhart, Robert Biggi, Director, Harrisburg Field believe that violations were committed Administrator, Federal Highway Office, Office of Surface Mining, 101 regardless of whether the officer has A dministration. South Second Street, Suite L-4, sufficient evidence to prove the [FR Doc. 85-26292 Filed 11-1-85; 8:45 am] Harrisburg, Pennsylvania 17101, violation(s); and (2) for which the driver BILLING CODE 4910-59-M Telephone: (717) 782-4036. was arrested or cited. SUPPLEMENTARY INFORMATION: b. Information necessary to prove each of the elements of the offense(s) for DEPARTMENT OF THE INTERIOR I. Background which the driver was arrested or cited. c. Information, collected in Office of Surface Mining Reclamation The Pennsylvania program was accordance with the program and Enforcement conditionally approved by the Secretary established under Highway Safety of the Interior on July 31,1982. 30 CFR Part 938 Program Standard No. 15; Police Traffic Information pertinent to the general Services, section I-D, relating to human, background, revisions, modifications, vehicular, and highway factors causing Approval of Permanent Program and amendment to the proposed individual accidents, injuries, and Amendment From the Commonwealth permanent program submission, as well deaths, including failure to use safety of Pennsylvania Under the Surface as the Secretary’s findings, the belts. Mining Control and Reclamation Act of disposition of comments and a detailed 2. Accident investigation teams should 1977 explanation of the conditions of be established, representing different a g e n c y : Office of Surface Mining approval of the Pennsylvania program interest areas, such as police; traffic; Reclamation and Enforcement (OSM), can be found in the July 30,1982 Federal highway and automotive engineering; Interior. Register (47 FR 33050-33083). medical, behavioral, and social sciences. a c t io n : Final rule. Data gathered by each member of the II. Submission of Program Amendment investigation team should be consistent s u m m a r y : OSM is announcing the On April 16,1985, Pennsylvania with the mission of the member’s approval of a program amendment submitted to OSM pursuant to 30 CFR agency, and should be for the purpose of submitted by Pennsylvania as am 782.17 proposed amendments to 25 Pa. determining probable causes of amendment to the State’s permanent Code Chapter 89, Subchapter F, accidents, injuries, and deaths. These regulatory program (hereinafter referred pertaining to subsidence control (OSM I teams should conduct investigations of to as the Pennsylvania program) under Administrative Record No. PA 550). an appropriate sampling of accidents in the Surface Mining Control and The amendment deletes the existing I which there vyere one or more of the Reclamation Act of 1977 (SMCRA). The subchapter in its entirety and sets forth I following conditions: amendment pertains to Pennsylvania’s a new subchapter. The new subchapter I a. Locations that have a similarity of subsidence control regulations. reflects the revised Federal standards design, traffic engineering Pennsylvania submitted the proposed for subsidence control at 30 CFR 784.20 I characteristics, or environmental program amendment by letter dated and 817.121-817.126 Which were conditions, and that have a significantly April 18,1985 (Administrative Record promulgated June 1,1983 (48 FR 24638). I Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations 45821

Also, certain new provisions relating controlled subsidence. These maps operator to correct any material damage to general mining requirements, show the area of mining affected over resulting from subsidence caused to any protection of perennial steams and the past six months, as well as the area structure or facilities by repairing the notice of anticipated mining activities of mining projected over the next six damage or compensating the owner. are included in the amendment. In months. Finding 4 addition, the State has eliminated Finding 2 redundant information and reporting The Director finds that Pennsylvania requirements and reformatted The Director finds that Pennsylvania provides for a prohibition of subsidence Subchapter F to provide a more precise provides at section 89.143(a), in a damage to a limited class of surface presentation of requirements, manner no less effective than 30 CFR structures in a manner no less effective 817.121(a), that an operator utilize either than the 30 CFR 817.121(d). Consistent III. Director’s Findings planned subsidence in a predictable and with the Federal regulation, the In accordance with SMCRA and 30 controlled manner, or support Pennsylvania rule at 89.143(b)(1) CFR 732.15 and 732.17, the Director finds techniques designed to prevent provides protection for public buildings, that the program amendment submitted subsidence damage. Similarly, churches, schools, hospitals, aquifers, by Pennsylvania on April 19,1985 meets Pennsylvania regulations at section perennial streams, and bodies of water the requirements of SMCRA and 30 CFR 89.143(e) require that operators adopt which serve a significant source for a Chapter VII, with one exception as measures which maintain the value and public water supply system, and for discussed below. reasonably foreseeable use of surface impoundments and other bodies of lands, consistent with the Federal Finding 1 water with a storage capacity of 20 acre regulation. In addition, Pennsylvania feet or more. In addition, the The Director finds that Pennsylvania provides for a general requirement Pennsylvania regulation prohibits requires a subsidence control plan be which prohibits underground mining subsidence damage to dwellings, submitted and approved as part of the beneath a structure where the depth of cemeteries, municipal public service permit application for an underground overburden is less than 100 feet. operations and municipal utilities, in mine consistent with 30 CFR 784.20. The place on April 27,1966 (in accordance revised Pennsylvania regulations at Finding 3 with the Pennsylvania Bituminous Mine sections 89.141 and 89.142 provide for The Director finds that Pennsylvania’s Subsidence and Land Conservation Act, application and subsidence control plan rules require the remedy of material BMSLCA) and coal refuge disposal requirements in a manner no less damage resulting from subsidence in a areas. Types of damage prohibited by effective than the Federal regulations manner consistent with 30 CFR this subsection are outlined in including; a description of the method of 817.121(c)(1). Pennsylvania’s regulation subsection 89.143(b)(2). In accordance coal removal, detailed mapping at section 89.145(a) provides for the with the Pennsylvania BMSLCA, requirements, description of physical correction of material damage to surface damage to structures described at conditions, and a description of lands, to the extent technologically and 89.143(b)(1) (i) and (ii) need not be subsidence control measures and economically feasible, by restoring the prevented if done with the consent of measures to mitigate or remedy land to a condition capable of subsidence damage. maintaining the value and reasonably the current owner. Additionally, Pennsylvania requires foreseeable uses which it was capable Measures for achieving protection of an applicant to provide descriptive of supporting before subsidence. surface structures listed at subsection information on surface waters overlying Under Pennsylvania’s provision, 89.143(b)(1) are outlined in subsection the permit area and adjacent area, and perennial streams have been explicitly 89.143(b)(3). These measures provide for on prior mining within, above, and included to clarify that surface land the utilization of conventional mining below the permit area. At § 89.141(d)(4) includes the perennial stream running practices, where coal extraction is Pennsylvania requires that the through it. limited to 50%, and alternative subsidence control plan include a The Pennsylvania rules do not contain measures, including full extraction description of other subsidence control a provision no less effective than 30 CFR techniques, which result in planned or measures required by other 817.121(c)(2) to require the operator to controlled subsidence if demonstrated Pennsylvania statutes, thereby enabling correct any material damage resulting by the operator that these measures are Pennsylvania to more accurately from subsidence Gaused to any at least as effective in prevention of evaluate the subsidence control plan. structures or facilities by repairing the subsidence damage as the conventional Pennsylvania’s mapping requirements, damage or compensating the owner. The practice of 50% mining. When an at section 89.142, provide for a general Federal rule (as revised on July 1,1983— operator utilizes alternative subsidence mine map and six month mine maps. 48 FR 24638) was amended on February control measures, Pennsylvania may The general mine map primarily depicts 21,1985, (50 FR 7274-7278) to suspend require that a monitoring program for surface features and structures. In a the language limiting the operator’s detecting subsidence and preventing manner no less effective than 30 CFR responsibility for damage to structures damage be established. 817.121(g), the six month mine maps to the extent required by State law. Additionally, Pennsylvania provides, function as detailed plans of the The Pennsylvania rule at section in a manner no less effective than 30 underground workings, which 89.143(b) limits the requirement to CFR 817.121(e), for the discretionary demonstrate how the measures in the prevent damage to dwellings, authority to suspend mining under or subsidence control plan are cemeteries, municipal public service adjacent to any of the features or implemented. They describe operations and municipal utilities, to facilities listed in § 817.121(d) if underground mine workings in terms of those structures and facilities in place subsidence causes material damage to areas to be mined and not mined, areas on April 27,1966. Therefore, this such features or facilities. The tojbe supported by the pillar plan provision is less effective than 30 CFR Pennsylvania rule at subsection (89.143(b)(3)), coal left in place in 817.121(c)(2), as amended. 89.143(b)(3)(i)(D) authorizes the compliance with other statutes, and Thus, the Director is requiring a regulatory authority to prohibit mining identification of areas of planned and program amendment to require an or require the application of more 45822 Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations stringent measures if subsidence danger to the inhabitants of the While OSM agrees that neither damage is not prevented in the urbanized areas, cities, towns and Pennsylvania’s approved program nor utilization of conventional mining communities. . Pennsylvania’s proposed subsidence methods. Section 9 of the Pennsylvania Finding 7 control regulations provide specific BMSLCA provides the legal authority protection for private water supplies allowing the Department to issue orders The Director finds that Pennsylvania, from water loss or degradation due to to aid in the enforcement of the at section 89.144, provides for public underground mining (subsidence), it has provisions of the Act. Such orders notice of underground mining operations been determined and recently affirmed include, but are not limited to, orders in a manner no less effective than 30 by the United States District Court for modifying, suspending or revoking CFR 817.122. Additionally, Pennsylvania the District of Columbia in Round III, In permits and orders requiring persons to provides requirements including: (1) The Re: Permanent Surface Mining cease operations. notice must be sent certifed mail, return Regulation Litigation II, No. 79-1144 receipt requested, to the owner of record Finding 5 (D.D.C.) (Memorandum Opinion filed of each property, (2) the notice must be July 15,1985), that SMCRA does not The Director finds that the Federal sent no more than five years prior to require replacement of water for regulations as revised do not include mining beneath the structure, (3) underground mines. Therefore, in this nonpublic water supply perennial political subdivisions are sent public regard, the Director finds Pennsylvania's streams as protected structures at 30 notice, (4) the notice must include the proposed amendment no less effective CFR 817.121(d) and that Pennsylvania’s location of office where a surface owner than the Federal regulations. provision at section 89.143(d) is being can submit a written complaint alleging Pennsylvania’s approved program adopted strictly as a matter of State Taw. subsidence damage, and (5) the operator regulations include a general provision Pennsylvania has designed this must establish and implement a requiring that underground mining performance standard to ensure that procedure to notify Federal, State, or activities be planned and conducted to perennial streams (as it is defined in local government agencies responsible minimize changes to the prevailing section 89.141(b)), which are not a for administering public facilities as to hydrologic balance. Although this significant source for a public water when mining activity beneath or provision does not require water supply supply system are protected against adjacent to a public facility will occur, restoration or replacement, it may be subsidence damage. The Pennsylvania IV. Public Comments utilized as a preventative measure in regulation provides that underground requiring modification of mining mining activities shall be planned and Of the Federal agencies invited to practices which show a potential for conducted in a manner which maintains comment, only the U.S Soil adverse effect on private water supplies. the value and reasonable foreseeable Conservation Service (SCS) responded. uses of perennial streams, such as The SCS commented in support of the - V. Director’s Decision aquatic life, water supply, and State provision in section 89.143(d) recreation, as they existed prior to which requires that underground mining Based on the above findings, the mining beneath streams. activities be planned and conducted in Director is approving the amendment to Consistent with 30 CFR.817.121(d) manner which maintains the value and the Pennsylvania program as submitted Pennsylvania prohibits subsidence reasonably foreseeable use of perennial on April 19,1985. As discussed above in damage to aquifers, perennial streams streams. The SCS states that those Finding 3, one deficiency does exist, and bodies of water which serve as a perennial streams not used as a public which Pennsylvania must correct by significant source of water for a public water supply also are very important to submission of a program amendment water supply system. To be a significant local communities for agricultural, within 12 months of the promulgation of source of water for a public water industrial, recreational, and wildlife a revised Federal rule. The Director is supply system, the aquifer or other body uses. amending Part 938 of 30 CFR Chapter of water, including a perennial stream, The disclosure of Federal agency VII to implement this decision. must supply water to a public water comments is made pursuant to section VI. Procedural Matters system as defined in the Pennsylvania 503(b) (1) and (2) of SMCRA of 30 CFR Safe Drinking Water Act, of May 31, 732.17(h)(10)(i). 1: Compliance with the National 1984 (Pub L. 206, No. 43) (at least 15 OSM received comments from a Environmental Policy Act: The service connections or regularly serving representative of Citizens with Concern Secretary has determined that pursuant at least 25 individuals). About Water Loss Due to Mining to section 702(d) of SMCRA, 30 U.S.C. Underground (CAWLM). The 1292(d), no environmental impact Finding 6 commenter showed concern that statement need be prepared on this The Director finds that Pennsylvania Pennsylvania’s proposed subsidence rulemaking. at section 89.143(c) provides for the control regulations, if approved, would 2. Executive Order No. 12291 and the protection of utilities from damage not provide protection to springs used as Regulatory Flexibility Act: On August caused by underground mining activities sources of private water supplies. The 28,1981, the Office of Management and in a manner no less effective than 30 commenter suggested that the Budget (OMB) granted OSM an CFR 817.180. Also, at section 89.143(f) performance standards at 89.143(c) be exemption from sections 3,4,7 and 8 of Pennsylvania provides for the amended to include springs used as a Executive Order 12291 for actions mandatory suspension of mining water supply to the list of protected directly related to approval or activities, consistent with 30 CFR utilities. It was suggested that the conditional approval of State regulatory 817.121(f), beneath urbanized areas, mapping requirements of 89.142(c) be programs. Therefore, for this action cities, towns, and communities, and similarly amended. Additionally, this OSM is exempt from the requirement to adjacent to or beneath industrial or commenter suggested the specific water prepare a Regulatory Impact Analysis commercial buildings, sold and supply restoration requirements be and this action does not require hazardous waste disposal areas, major added to subsection 89.143(a), since regulatory review by OMB. impoundments or perennial streams, if springs (aquifers) are integral to the The Department of Interior has the activities present an imminent overlying surface land. determined that this rule will not have a Federal Register / Vol. 50, No. 213 / Monday,, November 4, 1985 / Rales and Regulations 453323 significant economic effect on a DEPARTMENT OF AGRICULTURE public. The Corporation seeks to substantial number of small entities increase its fees charged for the under the Regulatory Flexibility Act [5 Forest Service reproduction of public documents and U.S.C. 601 et seq.). This rule will not the clerical assistance necessary to 36 CFR Part 254 impose any new requirements; rather, it complete document requests. The will ensure that existing requirements Land Ownership Adjustments; National purpose of this fee is to allow the established by SMCRA and the Federal Forest Townsites: Correction Corporation to recover the rules will be met by the State. administrative expenses generated by 3. Paperwork Redaction A ct This rule AGENCY: Forest Service, USD A. information requests in light of current personnel and mechanical costs. does not contain information collection ACTION: Final rule; correction. requirements which require approval by e f f e c t iv e DATE: December 4,1985. SUMMARY: On July 22,1985, at 50 FR the Office of Management and Budget 29673, the Forest Service published a FOR FURTHER INFORMATION CONTACT: under 44 D.SjC. 350?. final rule revising procedures for sales James Alexander, Staff Attorney, (202J of certain National Forest System lands 724-r9088. List of Subjects in 30 CFR Part 938 to governmental entities pursuant to the SUPPLEMENTARY INFORMATION: The Coal mining, Intergovernmental National Forest Townsite Act of July 31, Corporation has determined that this relations, Surface mining Underground 1958 (72 Stat. 438; 10 U.S.C. 478a) as regulation will enable the Corporation to mining. amended by the Federal Land Policy recoup the administrative costs incurred and Management Act of 1976 (90 Stat. by document requests. This change in Dated: October 3% 1985. 2743; 43 U.S.C. 1722). The amendatory the fee schedule reflects the actual costs fed D. Christensen, language of that rule failed to specify associated with document retrieval and Acting Director, O ffice o fSurface Mining, that the rule was revising only Subpart reproduction in light of present clerical B. If left uncorrected, this amendment and mechanical costs. The fees charged PART 938— PENNSYLVANIA would result in the removal of Subparts under this regulation do not exceed the A and C. This document corrects the cost of research and duplication and are 1. The authority citation for Part 90.8 amendatory language In the words of designed to meet increased continues to read as follows: issuance of the final rule to ensure that administrative costs* Authority r Pub. L. 96-87, Surface Mining only Subpart B of Part 254 is revised. list of Subjects in 36 CFR Part 902 Control and Reclamation Act of T977 (30 FXm FURTHER INFORMATION CONTACT: U.S.C. 1201 et seq.). Marian P. Connolly, Federal Register Freedom of Information. Officer, Forest Service, USD A, P.O. Box 2. 30 CFR 938.15 is amended by adding PART 902—(AMENDED) 2417, Washington, D C. 20013, (202) 235- a new paragraph (i) aa follows: 1488?. For the reasons set out in the preamble, Part 902 of Chapter IX of Title § 938.15 Approval of regulatory program Accordingly, the amendatory language amendments. for the final rule revising Subpart B of 36 of the Code of Federal Regula tions is * * * A *. Part 254 that appeared in column 3 of amended as follows: page 29673 of the Federal Register of 1. Authority citation for Part 902. is (i) The following amendment July 22,1985, is hereby corrected to read revised to read as follows: submitted to OSM on April 18,1985 is as follows: Authority. 5 U.S.C. 552. approved effective November 4,1985. ’Therefore, for the reasons set forth in Amendment to Pennsylvania's the preamble. Subpart B of Part 254. of 2. Section 902.82 is amended by subsidence control regulations, as Title 36 of the Code of Federal revising paragraph (a) to read as contained in 25 Pennsylvania Code Regulations is revised to read as follows: Chapter 89, Subchapter F. follows:". &S0&82 F ee schedule. 3. 30 CFR 938.16 is amended by Douglas W. MacCteery, (а) The following specific fees shall be revising introductory text and adding a Deputy Assistant Secretary for Natural applicable with respect to services new paragraph (bj as follows: Resources' and En vironmenL rendered to the public under this part: October 25,1985. § &3&W Required program amendments. (1) Copies made by photostat or [FR Doc. 85-26243 Filed 11-1-86; 8:45 am) similar process (per page) $.25. Pursuant to 30 CFR 732.17, BILLING CODE. 3410-11-« (2) Search of Corporation records, Pennsylvania is required to submit the index assistance and duplication, following proposed program performed by clerical personnel (per amendments by the dates specified. PENNSYLVANIA AVENUE hour) $7.00, ***** DEVELOPMENT CORPORATION (3) Search of Corporation records or index assistance by professional or (b) Within 12 months following 36 CFR Part 992 promulgation of a revised Federal rule, supervisory personnel (per hoar) $11.00. (4) Duplication of architectural Pennsylvania shall amend its program Fee Schedule Revisions no less effective than 30 CFR drawings, maps and similar materials 817.121(c)(2), to require an operator to a g e n c y : Pennsylvania Avenue (per copy) $10.00. correct any material damage resulting Development Corporation. (5) Reproduction of 35mm slides (per copy) $1.00. from subsidence caused to any a c t io n : Final rule. structures or facilities by repairing the (б) Reproduction of enlarged, black SUMMARY; The Pennsylvania Avenue damage or compensating the owner. ami white photographs (per copy) Development Corporation is revising the $10.00. [FR Doc. 85-26269 Filed 11-1-85; 8:45 amj schedule of fees the Corporation charges (7) Reproduction of enlarged, color BILLING CODE 4310-0S-U for certain services rendered to the photographs (per copy) $17.00, 45824 Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations

(8) Certification of records as “true §§ 902.11,902.31,902.73, 903.3,903.6,903.7, Although these final regulations become copy” (per document) $1.75. 903.9.905.735- 502,905.735-503, 907.13 and effective 30 days after publication in the 908.30 [Amended] ***-** Federal Register, the pertinent Dated: October 28,1985. 6. Sections 902.11, 902.31(s), 902.73, provisions of the Act have been 903.3(b), 903.6(a), 903.7(a), 903.9(aJ, M.J. Brodie, effective since October 12,1984, and 905.735- 502(b), 905.735-503, 907.13 and Executive Director. violators are subject to penalties as of 908.30(b) are amended by revising the that date. [FR Doc. 85-26220 Filed 11-1-85: 8:45 am] address for the Pennsylvania Avenue The Bureau of Land Management’s BILUNG CODE 7630-01-M Development Corporation to read as regulations require that before any follows: “1331 Pennsylvania Avenue, person may graze domestic livestock on NW., Suite 1220 North, Washington, DC public lands, that person must either 36 CFR Parts 902,903,905,907, and 20004.” 908 own or control (1) land or water capable Dated: October 28v l985. of supporting a livestock operation (43 M.J. Brodie, CFR 4110.1) and (2) the livestock to be Address Change E x ecu tiv e D irector. grazed on the public lands (43 CFR AGENCY: Pennsylvania Avenue [FR Doc. 85-26221 Filed 11-1-85; 8:45 am] 4130.5). The Bureau has held that any Development Corporation. BILLING CODE 7630-01-M assignment or other conveyance that purposely allows someone to graze ACTION: Final Rule; Technical livestock on public lands without Amendments. DEPARTMENT OF THE INTERIOR owning or controlling the base property or livestock is unlawful. The Bureau has s u m m a r y : The Pennsylvania Avenue Bureau of Land Management historically referred to these unlawful Development Corporation seeks to arrangements as “subleases” or 43 CFR Part 4100 correct its regulations to reflect the “subleasing.” Corporation’s current address. [Circular No. 2571] A problem arose because e f f e c t iv e DATE: December 4,1985. “Subleasing” was not specifically Grazing Administration— Exclusive of defined. It has been given different FOR FURTHER INFORMATION CONTACT: Alaska; Amendments James Alexander, Staff Attorney, (202) meanings by many people. For instance, 724-9088. AGENCY: Bureau of Land Management, legal leasing of the entire base property Interior. has sometimes been referred to as SUPPLEMENTARY INFORMATION: The subleasing. a c t io n : Final rulemaking. Pennsylvania Avenue Development In April 1984, the Surveys and Corporation has moyed to new offices at SUMMARY: This final rulemaking amends Investigations Staff of the House of 1331 Pennsylvania Avenue, NW. This the regulations for the management of Representatives Committee on final rule is being promulgated to insure livestock grazing on the public lands Appropriations issued "A Report to the that all requests and communications under the jurisdiction of the Bureau of Committee on Appropriations, U.S. are directed to the Corporation’s current Land Management. The amendments House of Representatives, on the BLM address. were developed to implement those Grazing Management and Rangeland provisions of Title I of the Act of Improvement Program”. The report PARTS 902, 903, 905, 907 AND 908— October 12,1984 (Pub. L 98-473, 98 Stat. stated that the Bureau of Land [AMENDED] 1837), which are applicable to livestock Management and Forest Service market grazing lessees and permittees. rental appraisal of grazing on the public For the reasons set out in the EFFECTIVE DATE: December 4,1985. rangelands had “* * * identified 880 preamble, Parts 902,903, 905, 907 and ADDRESS: Any suggestions or inquiries permittees that were subleasing their 908 of Chapter IX of Title 36 of the Code should be sent to: Director (220), Bureau allotments to other operators for $4 to of Federal Regulations are amended as of Land Management, Room 909, $12 per AUM [animal unit month] while follows. Premier Bldg., 1800 C Street NW., paying only $1.40 per AUM to the U.S. 1. Authority citations for Part 902 is Washington, D.C. 20240. Government.” revised to read as follows: FOR FURTHER INFORMATION CONTACT: Congress responded by enacting the Authority: 5 U.S.C. 552. Robert Alexander, (202) 653-9210. following provision of Title I of the Act of October 12,1984: SUPPLEMENTARY INFORMATION: A 2. Authority citation for Part 903 is proposed rulemaking to implement That the dollar equivalent of value, in revised to read as follows: certain provisions of Title I of the Act of excess of the grazing fee established under Authority: 5 U.S.C. 552a; 40 U.S.C. 870. October 12,1984 (98 Stat. 1837), was law and paid to the United States published in the Federal Register on Government, received by any permittee or 3. Authority citation for Part 905 is lessee as compensation for an assignment or March 11,1985 (50 FR 9696), with a 30- revised to read as follows: other conveyance of a grazing permit or day public comment period. The lease, or any grazing privileges or rights Authority: 40 U.S.C. 875. provisions, in effect, prohibit any person thereunder, and in excess of the installation who holds a permit or lease to graze 4. Authority citation for Part 907 is and maintenance cost of grazing domestic livestock on public lands from revised to read as follows: improvements provided for by the permittee profiting by an assignment or in the allotment management plan or Authority: 40 U.S.C. 875(8); 42 U.S.C. 4321. conveyance of the permit or lease. This amendments or otherwise approved by the Bureau of Land Management shall be paid to 5. Authority citation for Part 908 is finalrulemaking establishes procedures that will be followed by the Bureau of the Bureau of Land Management * * *. revised to read as follows: Land Management in carrying out the Congress further provided ”[t]hat if Authority: 40 U.S.C. 874(e); 40 U.S.C. 875(8); statutory requirements of said Act of the dollar value prescribed above is not 40 U.S.C. 877(d). October 12,1984 (98 Stat. 1837). paid to the Bureau of Land Management, Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations 45825 the grazing permit or lease shall be appropriate action against the permittee defined. It does not affect the other canceled." or lessee including suspension or activities discussed in the comments. In the October 11,1984, Congressional cancellation of a permit or lease, and There were numerous suggestions for Record, Senator James McClure, may assess damages and penalties modification of specific; sections or Chairman of the Senate Committee on against the owner of the livestock for issues of the proposed rulemaking. Energy and Natural Resources, clarified unauthorized use. These are addressed below. this language. He stated; While the provision of the 1984 Act 4100.0-5 Definitions This biff fangnage was to address only the referred to herein expires on September problem of subleasing of Federal grazing 30,1985, the prohibition against One comment questioned whether the permits.. Th is language is not intended' to subleasing as defined in § 4100.0-5 and definitions of fee terms “control” and interfere with legal leasing under these incorporated m § 4140.1(a)(6) in this “subleasing”' were specific enough for perrsits5 or with the- safe of land associated final rulemaking will be permanent. field officials to use After considering with grazing permits on public- lands,. Should the authority under the Act this comment, the Department of the This statement indicated that requiring payment of the dollar Interior has determined that the Congress did not intend the language of equivalent of value in excess of the definition of “subleasing’' is adequate the 1984 Act quoted above to be read to grazing fee to the United States by a for use by field officials and the give the term “subleasing” the very subleasing violator not be renewed, the definition of “control“ is the one broad meaning; some people have authorized officer will rely on 43 CFR historically used by field officials. attributed to it Equally important the 4170.1-1 for a suitable penalty for subleasing. 4130.5 Ownership and identification of language in that Act and Senator livestock McClure’s clarifying statements indicate That section provides authority for the tacit congressional approval of the authorized officer to withhold issuing, to Several comments took issue wife this existing Department of the Interior suspend in whole or in part, or to cancel section of the proposed rulemaking. regulations. a grazing permit or lease and grazing They stated it was too encompassing This final rulemaking specifically preference for any prohibited act, because it required all agreements defines subleasing as “Öre act cd a including subleasing. between the permittee or lessee and a permittee or lessee entering into an The Department of the Interior livestock owner be in writing and filed agreement that either (I) allows received 30 comments from the public with fee authorized officer. Further, such someone other than the permittee or concerning the proposed rulemaking. a requirement would be excessive lessee to graze livestock on the public General comments will be discussed because many agreements do not lands without controlling the base first, followed by reference to specific involve the public lands or the livestock property supporting the permit or lease sections of the rulemaking. feat graze on the public lands. The or (2) allows grazing on the public lands Support for the proposed rulemaking comments suggested that a standard by livestock that are not owned or was received from a wide range of Bureau of Land Management form controlled by the permittee or lessee.” interests including organizations providing notice of agreement and Arrangements that allow someone other interested to protecting the environment signed by both parties should be than the permittee to graze livestock on and some agricultural organizations. sufficient for fee Bureau to document public lands without owning or Comments from environmental interests control. controlling the base property and generally supported the proposal. They After considering these comments, fee livestock are considered by the Bureau were concerned that the public was not proposed language is being modified to of Land Management to be subleases. receiving a fair return for its forage and require that fee permittee or lessee file Such arrangements have been impliedly believed that the proposed rulemaking only the agreement providing for control prohibited by the regulation in 43 CFR would prevent permittees and lessees of the livestock. The Department of fee 4110.1 and 43 CFR 4130.5. The final from profiting directly from what they Interior believes it is important feat the rulemaking expressly prohibits such considered subsidizing of grazing fees. authorized officer have on file the arrangements. Eighteen comments voiced general agreement that gives control of the This final rulemaking also defines the opposition to the proposed rulemaking livestock to fee permittee or lessee; term “control” to mean “being for various reasons, in summary, these otherwise there would be no way to responsible for and providing care and comments fete feat by preventing determine whether or not fee agreement management of base .property and/or subleasing, the proposed rulemaking is consistent with regulatory livestock.“ The definition of control is would be unfair to ranchers who requirements. The Department necessary for a complete understanding presently depend on subleasing and determined that a standard form would of the term “subleasing”'. would deny them the ability to make a be an additional paperwork burden on Under Title I of the Act of October 12, profit from public Band resources. the public and would not be in the best 1984, (98 Stat. 1837J the Bureau of Land However, most comments opposing interest of the public. Management is required to cancel the the proposed rulemaking based their 4140.1 A cts prohibited on public lands permit or Lease of any permittee or opposition on the mistaken belief feat lessee who subleases and does not pay the proposal would (1) prevent a One comment urged the Department the Bureau the dollar equivalent of value permittee or lessee from leasing a base of the Interior to make clear in the final of compensation received in excess of property to another livestock operator rulemaking that the prohibition against the Bureau’s grazing fee and the who would then qualify for a permit or a subleasing is permanent. This was fee «installation and maintenance cost of lease or (2} prevent a permittee or lessee intent in the proposed rulemaking and range improvements. Further, under from pasturing another person's § 4140.1(a)(6) is permanent in the final existing regulations at 43 CFR Subparts livestock even though the permittee or rulemaking. While the provision to 415®= and 417Q, when subleasing occurs, lessee is legally responsible for care and section 4170.1—1(d) of this final regardless of whether restitution has management of the livestock. This is not rulemaking which prevents a permittee been made to the government, the the case. The final rulemaking will only or lessee from making excess profit on authorized officer may take additional prohibit and penalize subleasing as public lands will expire on September 45826 Federal Register / V o l 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations

30,1985, unless renewed by Congress, Therefore, the Department has found determines the amount due from the the definition of the term “subleasing,” that an interim period with flexibility is permittee or lessee. The comment and therefore the prohibition against it under 43 CFR 4140, will not expire. not possible and that no undue hardship suggested that such costs are important will arise from the retroactive because “whenever a permittee or One comment stated that success of the congressional prohibition on application of the rulemaking. This lessee controls the livestock, he must subleasing depends entirely on its rulemaking simply interprets the Act also assume certain management costs enforcement and doubted the Bureau of and provides the necessary authorities in conjunction with those livestock.” to the Bureau to enforce the Land Management’s ability enforce the The Department of the Interior, in subleasing prohibition. The Department requirements of the Act. considering this comment, found that the One comment suggested that a of the Interior agrees that the law is specific and does not include suitable penalty for subleasing would be enforcement of the prohibition is such costs in determining the amount canceling the permit for the following important, and has confidence in the that shall be paid to the United States. year. The Department of the Interior Bureau’s ability to enforce the In addition, costs associated with considered the suggestion and provisions of the prohibition. Bureau determined that while the proposed providing care and management of the officials at the field level will assess the rulemaking in § 4170.1-1 (d) would livestock generally would not be extent of subleasing if any, in their area, provide the authorized officer with the associated with subleasing where the and take appropriate corrective actions. authority to suspend a grazing permit for permittee or lessee does not provide 4170.1 Civil penalties the following year for a subleasing care and management for the livestock. violation, it does not require the Copies of the final rulemaking as it One comment stated that, in effect, the proposed rulemaking assumes that authorized officer nor would it be appears in the Federal Register will be range improvement work will have been appropriate for the authorized officer to mailed to all permittees and lessees and. do so in all circumstances!. done and merits an extension of credit will be available at Bureau of Land One comment stated that since as a matter of course. The comment Management field offices. Congress clearly expressed the view urged that section 4170.1-l(d) be The principal author of this final that cancellation of a lease or a permit amended to provide a credit for range rulemaking is Robert Alexander, would occur only if the “dollar value” is improvements only where such costs are Division of Rangeland Resources, not paid to the United States within 30 shown to have been incurred. assisted by the staff of the Office of days, that once payment was received After considering comment, the Legislation and Regulatory Department of the Interior modified the within those 30 days, then the provisions of section 4170.1(a) could not be used for Management, Bureau of Land proposed rulemaking to clarify that only Management. those costs that were incurred by the cancellation. The Department of the permittee or lessee will be considered in Interior considered the comment but The Department of the Interior has the determination of the value of range found the existing regulations required a determined that this document is not a improvement installation and person to own or to control the base major rule under Executive Order 12291. property (43 CFR 4110.1) and to own or maintenance. However, in establishing It has also been determined that this * the cost of installation and maintenance to control the livestock (43 CFR 4130.5) rulemaking will not have a significant of range improvements, the Bureau will Under this rulemaking, subleasing is negative impact on a substantial number consider a reasonable value for labor now explicitly a violation of one or both of small entities under the Regulatory provided by the permittee or lessee. of these requirements. Violating these Flexibility Act (5 U.S.C. 601 et seq.). provisions may result in a penalty such One comment questioned the as cancellation of a lease or a permit Changes to existing regulations made practicality and legality of applying this under 43 CFR 4170.1(a), independent of by these amendments will not final rulemaking to actions which the Appropriation Act’s provision. significantly affect the compliance occurred after October 12, 1984, but One comment asked what criteria or burden for those individuals who hold before this rulemaking was adopted as guidelines have been established to permits or leases to graze livestock on final, and suggested the Bureau of Land quantify the dollar equivalent value the public lands under the jurisdiction of Management should be receptive to required of violators and suggested the Bureau of Land Management. addressing the interim period with these criteria or guidelines be published flexibility and equity so not to unfairly The information collection with the final rulemaking. After rquirements contained in this penalize or surprise permittees and considering this comment, the lessees. In considering the comment, the rulemaking were submitted to the Office Department of the Interior believes that Department of the Interior has the final rulemaking adequately of Management and Budget for determined (1) that applying the identifies the authority and clearance under 44 U.S.C. 3507 and have rulemaking retroactively is legal but that responsibility of the authorized officer been approved and assigned clearance such retroactivity applies only as of the to collect the dollar equivalent value. number 1004-0047. date of the Act; (2) that given the limited Guidelines to authorized officers on how List of Subjects in 43 CFR Part 4100 duration of the Act’s provisions for to quantify the dollar equivalent value restitution, the intent of Congress would be internal in nature and more Administrative practice and against excessive profits would be appropriately placed in internal Bureau frustrated if the rulemaking was not procedure, Grazing lands, Livestock, of Land Management documents. Penalties, Range management. applied retroactively; and (3) that all One comment suggested that cost for persons have been on notice since control of the livestock be included Under the authority of the Department October 12,1984, that such profiting by along with the cost of the grazing fee of the Interior Appropriations Act for subleasing will require restitution to the and the cost of the installation and Fiscal Year 1985 (98 Stat. 1837), Parts United States. Further, the prohibition maintenance of range improvements 4100, 4130, 4140, and 417a Group 4100, against subleasing has existed for years. when the Bureau of Land Management Subtitle—B, Chapter II of Title 43 of the Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations 45827

Code of Federal Regulations are 7. Section 4170.1-1 is amended by Adopted: October 28,1985. amended as set forth below: adding a new paragraph (d) to read: Released: October 29,1985. J. Steven Griles, § 4170.1-1 Penalty for violations. 1. In this O rder, the Commission Assistant Secretary o f the Interior. * * * * * editorially completes § 13.77(b) of its October 17,1985. (d) Any person who is found to have Rules. Section 13.77(b) presently violated the provisions of § 4140.1(a)(6) describes a restrictive endorsement that PART 4100— [AMENDED] since October 12,1984, shall be required will appear on every future card-form 1. The note that appears after the title to pay to the authorized officer the General Radiotelephone Operator to Group 4100 is amended by inserting dollar equivalent value, as determined License (GROL). However, pursuant to the phrase “1004-0047,” between the by the authorized officer, of all General Docket 83-322, the Rule phrases “1004-0041,” and “1004-0051,”. compensation received for the sublease purposely omits the date that the , 2. The authority citation for Part 4100 which is in excess of the sum of the endorsement will first be printed on is revised to read: established grazing fee and the cost GROLs. Authority: 43 U.S.C. 315, 315a-315r, 1701 e t incurred by that person for the 2. Docket 83-322, released May 3, seq., 1181 d, unless otherwise noted and 98 installation and maintenance of 1984, delayed the endorsement from Stat. 1837. authorized range improvements. If the being printed on GROLs until certain 3. Section 4100.0-3 is revised by dollar equivalent value is not received modifications in Rule § § 90.433 and adding a new paragraph (g) to read as by the authorized officer within 30 days 94.103 became effective. 1 Those follows: of receipt of the final decision, the modifications, stressing station owner grazing permit or lease shall be and licensee operational responsibilities § 4100.0-3 Authority. cancelled. Such payment shall be in and encouraging the use of industry- ***** addition to any other penalties the certified technicians, are now effective. (g) The Department of the Interior authorized officer may impose under Accordingly, this O rder completes Rule Appropriations Act for Fiscal Year 1985 § 4170.1-l(a) of this title. § 13.77(b) by .specifying January 1,1986, (Pub. L. 98-473, 98 Stat. 1837). [FR Doc. 85-26271 Filed 11-1-85; 8:45 am] as the date that the endorsement will BILLING CODE 4310-84-M first appear on original GROLs. §4100.0-5 [Amended] 3. The text of the endorsement will 4. Section 4100.0-5 is amended by appear on all new GROLs issued after adding in appropriate order definitions FEDERAL COMMUNICATIONS December 31,1985, and in Rule of the following terms: COMMISSION § 13.77(b). We have amended the " ‘Control’ means being responsible endorsement’s text according to the for and providing care and management 47 CFR Part 13 attached Appendix. In addition to listing of base property and/or livestock.” which radio operations the GROL Effective Date and Text of the General “ ‘Subleasing’ means the act of a authorizes, the text will now specify that Radiotelephone Operator License permittee or lessee entering into an the GROL is invalid for broadcasting. Restrictive Endorsement agreement that either (1) allows This editorial amendment does not someone other than the permittee or AGENCY: Federal Communications change the endorsement’s meaning. The lessee to graze livestock on the public Commission. restrictive GROL endorsement is meant lands without controlling the base ACTION: Final rule. to discourage broadcast personnel from property supporting the permit or lease applying for unnecessary GROLs by or (2) allows grazing on the public lands s u m m a r y : This Order amends clarifying that the GROL does not by livestock that are not owned or § 13.77(b), of the Commission’s Rules by authorize broadcast operations.2 controlled by the permittee or lessee. changing the text of the future General 4. The current GROL endorsement 5. Section 4130.5 is amended by Radiotelephone Operator License only lists which radio operations the adding new paragraphs (d) and (e) to (GROL) endorsement. This Order also GROL authorizes. To discourage read: fixes January 1,1986, as the initial date broadcasters from applying for that the endorsement will begin §4130.5 Ownership and identification of unnecessary GROLs, the text of the appearing on newly issued GROLs. This livestock. GROL endorsement is hereby amended * * * * * Order places the public on notice that to prohibit broadcasting, according to the endorsement will appear on all new the attached Appendix. (d) Where a permittee or lessee GROLs issued after December 31,1985, controls but does not own the livestock 5. This O rder assures that all new and clearly invalidates the use of those GROLs issued after December 31,1985, which graze on the public lands, the new GROLs for broadcasting. agreement that gives the permittee or will not confer any broadcasting EFFECTIVE DATE: December 5,1985. lessee control of the livestock shall be authority. Section 13.77(b) of the filed with the authorized officer. ADDRESS: Federal Communications Commission’s Rules is also hereby (e) The brand and other identifying Commission, Washington, D.C. 20554. amended according to the attached marks on livestock controlled, but not FOR FURTHER INFORMATION CONTACT: Appendix to reflect the amended owned, by the permittee or lessee shall Damon Martin, Field Operations Bureau, endorsement. be filed with the authorized officer. Washington, D.C. 20554, (202) 632-7240. 6. No substantive changes are made 8. Section 4140.1 is amended by SUPPLEMENTARY INFORMATION: herein which impose additional burdens adding a new paragraph (a)(6) to read as or remove provisions relied upon by List of Subjects in 47 CFR Part 13 follows: either the public or licensees. We Commercial radio operators, Radio. conclude that the revisions will serve § 4140.1 Acts prohibited on public lands. (а) Order * See, General Docket 83-322, 49 FR 20658, May (б) Subleasing as defined in this In the matter of General Radiotelephone 16,1984, at paragraphs 43-45. subpart Operator License Restrictive Endorsement. 8 See, General Docket 83-322 at paragraph 45. 45828 Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations the public interest by providing them PART 13— [AMENDED] On page 43400, in the first column, in with an updated, accurate rule text. § 285.4 the paragraph designated as 1. The authority citation for Part 13 7. Because this amendment does not (e)(1) is correctly redesignated as (e)(2), continues to read: affect the privileges of eommercial radio and a new (e)(1) is correctly added to operator licensees, it only constitutes a Authority: Secs. 4, 303, 48 Stat. 1066,1082 read as follows: minor amendment to our rules. The as amended: 47 U.S.C. 154, 303, unless otherwise noted. § 285.4 [Corrected] public is not likely to be interested in (e) * * * such a minor amendment. Therefore, we 2. In § 13.77, paragraph (b) is revised (1) Guard Channel 16, VHF-FM if so find, for good cause, that compliance to read as follows: equipped; with the notice and comment procedures § 13.77 Required endorsements. * * * * * of the Administrative Procedure Act is * * * * * BILLING CODE 1505-01-M unnecessary. S ee, 5 U.S.C 553(b)(B). (b) All General Radiotelephone 8. Because these amendments Operator Licenses issued after clarifying our rules merely reflect a rule December 31,1985, shall bear the 50 CFR Part 663 change that has already been approved following endorsement: by the Commission in a previous Report [Docket No. 41155-5175] This license confers authority to operate and Order, we find, for good cause, that licensed radio stations in the Aviation, Pacific Coast Groundfish Fishery the effective date requirements of the Marine and International Fixed Public Radio Administrative Procedure Act are Services only. This authority is subject to: AGENCY: National Marine Fisheries inapplicable. See, 5 U.S.C. 553(d). any endorsement placed upon this license; Service (NMFS), NOAA, Commerce. 9. Since a general Notice of Proposed FCC orders, rules and regulations; United a c t io n : Notice of fishing restriction; Rulemaking is not required, the States statutes; and the provisions of any treaties to which the United States is a party. correction. Regulatory Flexibility Act does not This license does not confer any authority to apply. operate broadcast stations. It is hot S u m m a r y : This document corrects an 10. Therefore, it is ordered that, assignable or transferable. error of geographic location which was pursuant to sections 4(i) and 303(f) of repeated three times in the notice of [FR Doc. 85-26259 Filed 11-1-85; 8:45 am] fishing restrictions for the Pacific Coast the Communications Act of 1934, as BILLING CODE 6712-01-M amended, and § 0.231(d) of the Groundfish Fishery, published October Commission’s rules, § 13.77(b) of the 9,1985, 50 FR 41159. FCC Rules and Regulations is hereby DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: amended as set forth in the attached R.A. Schmitten, 206-526-6150, E.C. Appendix, effective December 5,1985. National Oceanic and Atmospheric Fullerton, 213-548-2575, or the Pacific Fishery Management Council, 503-221- 11. For further information on this Administration 6352. O rder, contact Damon Martin, Field 50 CFR Part 285 Operations Bureau (202) 632-7240. In FR Doc. 85-24170, on page 41160, “Cape Blanco” is corrected to read [Docket No. 50329-5115] Federal Communications Commission. “Coos Bay” where it appears in the Edward ). Minkel, Atlantic Tuna Fisheries following places: Managing Director. 1. Column 2, paragraph (4)(a), line 9; Correction 2. Column 3, paragraph (4)(b), line 2; Appendix In FR Doc. 85-25436, beginning on 3. Column 3, paragraph (4)(c), lines 8 and 9. Part 13 of Title 47 of the Code of page 43396, in the issue of Friday, Federal Regulations is amended as October 25,1985, make the following [FR Doc. 85-26254 Filed 11-1-85; 8:45 am] follows: correction: BILLING CODE 3510-22-M 45829

Proposed Rules Federal Register Vol. 50, No. 213

Monday, November 4, 1985

This section of the FEDERAL REGISTER §70.220 [Corrected] RB211-524 engines from the requirement contains notices to the public of the (7) In the same column, following to install a low Nl indication. proposed issuance of rules and § 70.220(e), insert five asterisks after the DATES: Comments must be received on regulations. Th e purpose of these notices table. is to give interested persons an or before December 27,1985. On the same page, in the second opportunity to participate in the rule ADDRESSES: Send comments on the column, in the second line, “that” should making prior to the adoption of the final proposal in duplicate to the Federal read “than”; and in the eighth line rules. Aviation Administration, Northwest remove “the”. Mountain Region, Office of the Regional DEPARTMENT OF AGRICULTURE § 70.221 [Corrected] Counsel, Attention: Airworthiness Rules (8) In the same column, in § 70.221(e), Docket No. 85-NM-114-AD, 17900 Agricultural Marketing Service in the second line, “provide” should Pacific Highway South, C-68968, Seattle, read “provided”, Washington 98168. The applicable 7 CFR Part 70 service information may be obtained § 70.222 [Corrected] upon request from the Boeing Voluntary Standards and Grades for (9) On the same page, in the third Commercial Airplane Company, P.O. Poultry column, in § 70.222(c), in the fourth line, Box 3707, Seattle, Washington 98124- “lilum” should read “ilum”. 2207. This information may be examined Correction at the FAA, Northwest Mountain In FR Doc 85-25383, beginning on page §70.235 [Corrected] Region, 17900 Pacific Highway South, 43204, in the issue of Thursday, October (10) On page 43208, in the second Seattle, Washington, or the Seattle 24,1985, make the following corrections: column, in § 70.235, the second Aircraft Certification Office, 9010 East (1) On page 43204, in the first column, paragraph designated as “(c)” is Marginal Way South, Seattle, in the seventeenth line from the bottom correctly designated as "(d)”, and in the Washington. of the page, "poulty” should read first line of paragraph (c), the first word FOR FURTHER INFORMATION CONTACT: “poultry”; also in the first column, in the should read “Poultry”. Mr. Kanji K. Patel, Propulsion Branch, sixth line from the bottom, “tis" should BILLING CODE 1505-01-M ANM-140S; telephone (206) 431-2973. read “this”. And in the third column, in Mailing address: FAA, Northwest the third line, “poutry” should read Mountain Region, 17900 Pacific Highway “poultry". DEPARTMENT OF TRANSPORTATION South, C-68966, Seattle, Washington (2) On page 43205, in the first column, 98168. in the first paragraph, in the eighth line, Federal Aviation Administration SUPPLEMENTARY INFORMATION: “merketing” should read “marketing”; also in the first paragraph, in the 14 CFR Part 39 Comments Invited fifteenth line, “marking” should read Interested persons are invited to “marketing”. And in the second [Docket No. 85-NM-114-AD] participate in the making of the paragraph, in the seventh line, insert Airworthiness Directives; Boeing amendment to thé existing “and” between “rapidly” and Model 747 Series Airplanes airworthiness directive by submitting "accurately”. such written data, views, or arguments AGENCY: Federal Aviation as they may desire. Communications § 70.1 [Corrected] Administration (FAA), DOT. should identify the regulatory docket (3) On page 43206, in the first column, ACTION: Notice of Proposed Rulemaking number and be submitted in duplicate to in § 70.1, in the sixth line, “traches” (NPRM). the address specified above. All should read “trachea". communications received on or before s u m m a r y : This notice proposes to the closing date for comments specified § 70.15 [Corrected] amend an existing airworthiness above will be considered by the (4) In the same column, in § 70.15(c), directive (AD) which currently requires Administrator before taking action on in the third line, insert “pound” between installation of a low Nl engine rpm the proposed amendment The proposals “quarter" and “or”. caution indication on the pilots’ forward contained in this notice may be changed panel on Boeing Model 747 airplanes in light of the comments received. All § 70.80 [Corrected] powered by Pratt & Whitney JT9D, comments submitted will be available, (5) In the second column, in § 70.80, in General Electric CF6, and Rolls Royce both before and after the closing date the eighteenth line, insert “bulk” RB211 engines. Since issuing the AD, the for comments, in the Rules Docket for between “large" and "containers”; and FAA has determined that the Rolls examination by interested persons. A following the paragraph, insert five Royce RB211-524 engines installed on report summarizing each FAA/public asterisks. the Boeing Model 747 series airplanes contact concerning the subsistence of will operate satisfactorily in icing the proposal will be filed in the Rules § 70.210 [Corrected] conditions and do not require the low Docket. (6) On page 43207, in the first column, Nl engine rpm caution indication. in § 70.210(e)(2), in the fifth line, insert Therefore, this proposal would amend Availability of the NPRM “two” between “make” and the AD by removing the Model 747 Any person may obtain a copy of this “approximately”. airplanes equipped with Rolls Royce Notice of Proposed Rulemaking (NPRM) 45830 FgderalJRegister / Vol. 50, No. 213 / Monday, November 4, 1985 / Proposed Rules

by submitting a request to the FAA, For the reasons discussed above, the documents may be examined at the FAA, Northwest Mountain Region, Office of FAA has determined that this document: Northwest Mountain Region, 17900 Pacific the Regional Counsel, Attention: (1) Involves a proposed regulation which Highway South, Seattle, Washington, or at Airworthiness Rule Docket No. 85-NM- is not major under Executive Order the Seattle Aircraft Certification Office, 9010 114-AD, 17900 Pacific Highway South, 12291 and (2) is not a significant rule East Marginal Way South, Seattle, Washington. C-68966, Seattle, Washington 98168. pursuant to the Department of Transportation Regulatory Policies and Issued in Seattle, Washington, on October Discussion 28,1985. Procedures (44 FR 11034; February 26, Airworthiness Directive (AD) 84-02- 1979); and it is certified under the Charles R. Foster, 05, Amendment 39-4798 (49 FR 3451), criteria of the Regulatory Flexibility Act Director, Northwest Mountain Region. requires revisions to the limitations that this proposed rule, if promulgated, [FR Doc. 85-26203 Filed 11-1-85; 8:45 amj section in the FAA-approved Boeing will not have a significant economic BILUNG CODE 4910-13-M Model 747 Airplane Flight Manual impact on a substantial number of small (AFM) and installation of a low Nl entities because few, if any, Model 747 engine rpm caution indication on the airplanes are operated by small entities. 14 CFR Part 71 V pilots’ forward panel. The AD was A copy of draft regulatory evaluation issued to clarify operation of the thermal prepared for this action is contained in [Airspace Docket No. 85-AGL-23] anti-icing procedure, ensure that a the regulatory docket. specified minimum Nl rpm is Proposed Alteration of Transition maintained during icing conditions, and List of Subjects in 14 CFR Part 39 Area— Tell City, IN expand the definition of icing Aviation safety, Aircraft. a g e n c y : Federal Aviation conditions. Activation of the low Nl rpm Proposed Amendment Administraton (FAA), DOT. indication cautions the flight crew of ACTION: Notice of proposed rulemaking. engine operations at a lower Nl than PART 39— [AMENDED] required for icing conditions. s u m m a r y : This notice proposes to alter Recently, the Civil Aviation Authority Accordingly, pursuant to the authority the Tell City, Indiana, transition area to (CAA) of Great Britain has approved delegated to me by the Administrator, accommodate twin engine turbo prop operations of the RB211-524 engine at the Federal Aviation Administation aircraft operating at Perry County idle power of 22.0% Nl during descent in proposes to amend § 39.19 of Part 39 of Municipal Airport. icing conditions. The CAA approval has the Federal Aviation Regulations as The intended effect of this action is to been accepted by the FAA, New foHows: ensure segregation of the aircraft using England Region; and to reflect this 1. The authority citation for Part 39 approach procedures in instrument change, the engine Type Certificate Data continues to read as follows: conditions from other aircraft operating Sheet was revised. To account for the Authority: 49 U.S.C. 1354(a), 1421 and 1423; under visual weather conditions in installation effects, service bleed, 49 U.S.C. 106(g) (Revised Pub. L. 97-449, controlled airspace. electrical load, and the airplane January 12,1983); and 14 CFR 11.89. DATE: Comments must be received on or operational envelope, the Boeing 2. By amending AD 82-04-05, before December 9,1985. Company has-submtted substantiation Amendment 39-4798 (49 FR 3451), by data which shows that the engine speed revising paragraph B. to read as follows: ADDRESS: Send comments on the under all operating conditions will not proposal in triplicate to: Federal “B. For airplanes equipped with Pratt & Aviation Administration, Regional drop below 22.0% Nl rpm. This negates Whitney JT9D or General Electric CF 6 the need to require installation of a low engines, to alert the flight crew of engine Counsel, AGL-7, A tin: Rules Docket No. Nl rpm indication in the cockpit of the operation at a lower Nl than required for 85—AGL-23,2300 East Devon Avenue, Boeing Model 747 airplanes equipped icing condition, install a LOW Nl rpm Des Plaines, Illinois 60018. with Rolls Royce RB211—524 engines. caution indication system as follows: The official docket may be examined Therefore, the FAA is proposing to Within 24 months from the effective date of in the Office of the Regional Counsel, amend AD 84-02-05 by removing the this AD, unless already accomplished, Federal Aviation Administration, 2300 provide “LOW N l” indication that will alert Boeing Model 747 airplanes equipped East Devon Avenue, Des Plaines, with RB211-524 engines from the the flight crew that the nacelle anti-ice is “ON” and Nl is less that 45 percent Nl below Illinois. requirement to install a low Nl 10,000 feet, and is less than 50 percent Nl An informal docket may also be indication on the pilots’ forward panel. above 10,000 feet altitude. examined during normal business hours Presently, there are no U.S. registered Note. The LOW Nl indication may be at the Airspace, Procedures, and Model 747 airplanes equipped with Rolls provided by incorporating Boeing Service Automation Branch, Air Traffic Division,' Royce RB211—524 engines. Therefore, Bulletin S/B 747—77—2060 for airplanes Federal Aviation Administration, 2300 this proposed AD would have no cost equipped with JT9D Pratt & Whitney engines, East Devon Avenue, Des Plaines, impact on U.S. operators. However, or S/B 747—77—2063 for airplanes equipped Illinois. with General Electric CF6 engines. there are a total of fifty-two Model 747’s FOR FURTHER INFORMATION CONTACT: equipped with RB211-524 engines in Both service bulletins have been approved by the FAA and were released on February Edward R. Heaps, Airspace, Procedures, service worldwide. Of these, eight have 14,1983. The service bulletins may be and Automation Branch, Air Traffic been delivered to operators with the low obtained from the Boeing Commercial Division, AGL-530, Federal Aviation Nl indication system installed in Airplane Company at the following address: Administration, 2300 East Devon production by the Boeing Company. The Boeing Company, P.O. Box 3707, Seattle, Avenue, Des Plaines, Illinois 60018, Under the current AD, if any of the Washington 98124.” telephone (312) 694-7360. remaining forty-four airplanes were to All persons affected by this proposed SUPPLEMENTARY INFORMATION: The be registered in the U.S. they would be directive who have not already received present transition area is being required to comply with the AD. This these documents from the manufacturer may obtain copies upon request to Boeing expanded to accommodate twin engine proposed amendment would relieve Commercial Airplane Company, P.O. Box turbo prop aircraft utilizing a NDB those airplanes from that requirement. 3707, Seattle, Washington 98124-2207. These Runway 31 approach procedure. The Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Proposed Rules 45831 expansion is needed to ensure that the (202) 426-8058. Communications must Issued in Des Plaines, Illinois, on October procedure will be contained within identify the notice number of this 21,1985. controlled airspace. The additional NPRM. Persons interested in being Paul K. Bohr, airspace designated will be placed on a mailing list for future Director, Great Lakes Region. approximately a 1.5 mile radius NPRM’s should also request a copy of (FR Doc. 85-26202 Filed 11-1-85; 8:45 am] expansion and an additional .5 mile Advisory Circular No. 11-2, which BILLING CODE 4910-t3-M expansion to the southeast. describes the application procedure. The minimum descent altitudes for The Proposal this procedure may be established COMMODITY FUTURES TRADING below the floor of the 700-foot controlled The FAA is considering an COMMISSION airspace. amendment to § 71.181 of Part 71 of the Aeronautical maps and charts will Federal Aviation Regulations (14 CFR 17 CFR Parts 1,33 and 190 reflect the defined area which will Part 71) to alter the designated enable other aircraft to circumnavigate transition area airspace near Tell City, Amendments to Minimum Financial the area in order to comply with Indiana. and Related Requirements for Futures applicable visual flight rule Section 71.181 of Part 71 of the Federal Commission Merchants and requirements. Aviation Regulations was republished in Introducing Brokers; Contfact Markets Handbook 7400.8 dated January 2,1985. and Clearing Associations, Default and Comments Invited Bankruptcy; and Commodity Options The FAA has determined that this Interested parties are invited to proposed regulation only involves an Transactions participate in this proposed rulemaking established body of technical by submitting such written data, views, a g e n c y : Commodity Futures Trading regulations for which frequent and or arguments as they may desire. Commission. routine amendments are necessary to Comments that provide the factual basis keep them operationally current. It, a c t io n : Futher extension of comment supporting the views and suggestions therefore—(1) is not a “major rule” period. presented are particularly helpful in under Executive Order 12291; (2) is not a developing reasoned regulatory SUMMARY: On August 5,1985, the “significant rule” under DOT Regulatory decisions on the proposal. Comments Commodity Futures Trading Policies and Procedures (44 FR 11034; are specifically invited on the overall Commission (“Commission”) published February 26,1979); and (3) does not regulatory, economic, environmental, in the Federal Register: (1) proposed warrant preparation of a regulatory and energy aspects of the proposal. amendments to the minimum financial evaluation as the anticipated impact is Communications should identify the and related requirements for futures so minimal. Since this is a routine matter airspace docket and be submitted in commission merchants (“FCMs”) and that will only affect air traffic triplicate to the address listed above. introducing brokers (“IBs”) (50 FR procedures and air navigation, it is Commenters wishing the FAA to 31612); (2) proposed option margin certified that this rule, when acknowledge receipt of their comments guidelines (50 FR 31625); and (3) an promulgated, will not have a significant on this notice must submit with those advance notice of proposed rulemaking economic impact on a substantial comments a self-addressed, stamped regarding the transfer or liquidation of number of small entities under the postcard on which the following open commodity contracts carried by a criteria of the Regulatory Flexibility Act. statement is made: “ Comments to clearing member FCM which has Airspace Docket No. 85-AGL-23;” The List of Subjects in 14 CFR Part 71 defaulted on a margin obligation (50 FR postcard will be date/time stamped and 31623). By letters dated August 28 and Aviation safety, Transition areas. returned to the commenter. All August 29,1985, two exchanges comunications received before the The Proposed Amendment requested a sixty-day extension of the specified closing date for comments will comment period on certain of the be considered before taking action on PART 71—[AMENDED] matters published for comment. The the proposed rule. The proposal Commission subsequently extended the contained in this notice may be changed Accordingly, pursuant to the authority comment period for thirty days on each in the light of comments received. All delegated to me, the Federal Aviation of the above-referenced matters, to comments submitted will be available Administration (FAA) proposes to October 4,1985 for the proposed option for examination in the Rules Docket, amend Part 71 of the FAR (14 CFR Part margin guidelines and to November 4, FAA, Great Lakes Region, Office of 71) as follows: 1985 for both the proposed amendments Regional Counsel, 2300 East Devon 1. The authority citation for Part 71 to the minimum financial and related Avenue, Des Plaines, Illinois, both continues to read as follows: requirements for FCMs and IBs and the before and after the closing date for advance notice of proposed rulemaking comments. A report summarizing each Authority: 49 U.S.C. 1348(a), 1354(a), 1510; Executive Order 10854; 49 U.S.C. 100(g) regarding the liquidation or transfer of substantive public contact with FAA (Revised, Pub. L. 97-449, January 12,1983); 14 open commodity positions carried by a personnel concerned with this CFR 11.69. defaulting clearing member FCM. rulemaking will be filed in the docket 2. By amending § 171.181 as follows: By letters dated September 26 and Availability of NPRM’s Tell City, IN October 10,1985, an exchange requested Any person may obtain a copy of this a further extension of the comment That airspace extending upward from 700 period on the above-referenced matters, Notice of Proposed Rulemaking (NPRM) feet above the surface within a 6.5 mile noting that in conjunction with other by submitting a request to the Federal radius of the Perry County Municipal Airport, Aviation Administration, Office of IN, (lat. 38°01'04" N., long. 86°41'27'' *W%' and exchanges, it was in the process of Public Affairs, Attention: Public within 3 miles each side of the 109° bearing gathering data essential to responding to Information Center, APA-43Q, 800 from the Perry County Municipal Airport the issues raised in the Commission’s Independence Avenue, SW„ extending from the 6.5 mile radius to 8:5 miles releases. The Commission believes that Washington, DC 20591, or by calling southeast. sufficient time has been provided for 45832 50> No- 213 / Monday, November 4, 1985 / Proposed Rules

interested parties to gather data in order minimum required margin for the calculation where the positions to respond to the proposals discussed positions carried. The Commission constitute bona fide hedges of items herein, with the exception of the therefore believes that in computing a proposal to require FCMs to calculate a ' within the FCM's control. Consideration concentration charge, it may be should also be given to the effect of a concentration charge in computing their appropriate to give credit for excess adjusted net capital. Accordingly, partial credit for hedge positions where equity in any account which is included the hedged item is not within the FCM’s although the Commission has stated that in the preliminary concentration charge it did not anticipate granting and further control. The Commission notes that amount. The Commission therefore while hedge margins set by exchanges extensions of time on any of the requests comment on how best to foregoing matters, upon reconsideration are less than those for non-hedge recognize this relationship, whether by a positions, the hedge margins are not and a review of comments already full or partial credit for such excess zero, and perhaps a partial credit in line received, and in order to ensure that the amount, and whether such credit should Commission has all relevant information with the relationship of hedge to non­ serve to reduce the number of contracts hedge margin could be considered. and empirical data on the concentration carried at the account level or be Commenters should calculate the effects charge proposal and certain other applied at the conclusion of the matters specifically addressed in this of hedge credits of 75, 50 and 25 percent concentration charge computation Also, where the hedged item is not within the release, the Commission has determined commenters should address the FCM’s control. Furthermore, to grant an extension of the comment appropriate margin levels to use in commenters are requested to consider period on that one aspect of the August computing the amount of an excess whether the credit should serve to 5 proposals to March 5,1986, which is equity credit. Should the margin levels reduce the number of contracts carried an extension of four months beyond the be the clearing house or exchange at the account level or be applied at the current comment period expiration date levels, or the FCM’s own levels, and, conclusion of the concentration charge and is seven months from the original where applicable, should the higher computation. publication date. rates for the general public (as opposed d a t e : Notice is hereby given that all to floor traders) be used for all accounts 3. Omnibus Accounts. comments on the proposed in the computation? concentration charge for FCMs must be Omnibus accounts of registered submitted by March 5,1986. 2. Hedge Accounts FCMs, it has been argued by some FOR FURTHER INFORMATION CONTACT: The Commission specifically commenters, pose less risk to carrying Lawrence B. Patent, Associate Chief requested comment in the August 5 FCMs than do accounts of single Counsel, or Gary C. Miller, Assistant release as to whether there should be a customers, in that registered FCMs are Chief Accountant, Division of Trading adjustment in the concentration charge regulated entities whose obligations are and Markets, Commodity Futures computation for bona fide hedge supported by a net capital requirement Trading Commission, 2033 K Street, positions, and commenters were and whose operations are subject to NW., Washington, D.C. 20581. requested to include a procedure to commodity industry self-regulatory Telephone: (202) 254-8955. verify the hedge. Some commenters organization audit and financial surveillance programs. The SUPPLEMENTARY INFORMATION: The indicated that they believe the accounts Commission’s proposed concentration proposal to require FCMs to calculate a of hedgers constitute less risk to firms charge provides no special relief for concentration charge in computing their than equivalent accounts of speculators, omnibus accounts of registered FCMs, adjusted net capital is contained in the because hedgers presumably have as opposed to accounts of other proposed amendment to the possession of offsetting property, contracts or obligations which are customers carrying the same positions. introductory text of paragraph (c)(5) of The Commission requests comment on Rule 1.17, a proposed new paragraph experiencing gains or losses which the advisability and potential impact (c)(6) of rule 1.17 and a proposed new offset the losses or gains being reflected in their accounts at the FCM, or that upon the proposed concentration charge Rule 1.63. 50 FR 31612, 31614-18, 31621- hedgers have access to credit lines so of excluding omnibus accounts of 23, August 5,1985. Commenters should that they can satisfy their obligations to registered FCMs from the concentration address the concentration charge as the FCM without having to liquidate the charge computation. Also, in the case of proposed in the August 5 release during hedged item. Some commenters an FCM which has been established the extended comment period. However, therefore have suggested that the principally to clear the trade for its the Commission also requests that accounts of hedgers be excluded from parent firm and other affiliated entities, commenters respond to the questions the concentation computation. The the Commission requests comment on contained in the this release which have Commission still believes that it would the advisability and effect of excluding been prompted by a reconsideration of be difficult to verify the existence of the the accounts of the parent firm and the issues involved and certain items which are being hedged and affiliated entities from the concentration comments already received. The furthermore, in the event of a margin charge computation. Commission believes that the possible default, the FCM would not normally be modifications to the concentration in possission of the hedged items and 4. Scale-up Factor charge proposal discussed herein may would therefore be at risk for the entire The proposed rule specifies that an moderate the impact of the rule and may defaulted amount. However, if the be used in developing a final rule. aggregation be performed of a firm’s hedged items or warehouse receipts for long customer positions and of a firm’s 1. Credit for Excess Equity such items were in the control of the short customer account position, and FCM, or if they consitituted cover of that only the greater of the long or short The Commission recognizes that, all proprietary positions under Rule 1.17, other things being equal, a customer aggregations be multiplied by the such circumstances might constitute standard fluctuation factor in computing account with equity in excess of the adequate hedge verification. The minimum margin required in it entails the preliminary concentration charge. A Commission therefore urges commenters scale-up factor would then be applied to less, risk to the carrying FCM than a to consider the effect of eliminating customer account which has the the preliminary concentration charge positions from the concentration based oh the percentage of the Federal Register / Vol 50, No. 213 / Monday, November 4, 1985 J Proposed Rules 45833 preliminary charge amount controlled the Commodity Exchange Act ‘(7 U.S.C. Which they are carrying and sharing by the ¡largest individual. Some 6d(2) (19623). The staff observes that in these results of the computation with us. commenters have pointed out that the the failure of Volume investors The Commission remains interested in proposal would not take into account Corporation it would have been to the that and is also interested in having concentrations in the side (long or short) immediate advantage of the non­ commenters use this additional time to with the lesser number of positions, and defaulting customers, other than floor assess the effect of the alternatives to may lead to little or no concentration traders, if the accounts of floor traders the August 5 proposal discussed herein. charge in situations where a firm’s real were excluded from segregation nr were The Commission will also consider a concentration, and hence risk, is on the segregated separately from general discussion of whether the basic capital lesser side. For example, a computation customers. This is because, had floor requirement which is based on four for a firm with .1000 short contracts and traders been excluded, Volume’s percent of segregated funds creates a 1001 long contracts, where the 1000 customer segregated margin account at disincentive to collect additional margin short contracts sire all held by one the COMEX Clearing Association because of the concomitant effect on customer and the 1001 long contracts are (“CCA”) would not have been subject to capital andhow this may affect a held by 100 customers would lead to no use by CCA and there then would have concentration charge. Commenters who concentration charge. This may not been sufficient funds to transfer the favor a change in the basic capital adequately address the true risk customer accounts to other FCMs. The requirement should include involved. The Commission believes that Commission wishes comment on computations demonstrating the effect its may be appropriate to base the whether floor traders should be of any such change on the-concentration determination of the scale-up factor to excluded from the definition of charge, and commenter who favor be used in the concentration “customers” and therefore the accounts treating the conoept of concentration in computation upon the percentage held of floor traders excluded from the basic capital requirement as by the largest customer, regardless of segregated customer funds within the opposed to a charge against a firm’s whether thepracticular largest Commission’s regulations. Commenters capital.should also include comparative I customer’s positions were on the long should address what other rules would data on that issue. Further, the side or the ahort side, and requests have to be amended if this modification Commission will also consider comment as to the effect of such a were made and what other advantages comments as to how any capital rule change in the proposal, which could or disadvantages might flow therefrom. amendments would be reflective of or cause an increase in the concentration 6. Reportable Traders influenced by any conclusions which charge In circumstances such as those may be drawn with respect to insurance cited above. The Commission’s proposal stated of customer accounts. Any alternative Some commenters noted that the that a concentration computation must calculations should be supported by scale-up factor provides a concentration be done by an FCM on a commodity-by­ impact data using a representative charge for small, non-concentrated commodity basis for each commodity for sample of firms. The Commissian account positions, when those small which the FCM was carrying at least believes that this comparative data will account positions are carried by a firm one account containing , an amount of aid its ultimate determination on the also carrying large, concentrated positions at or above the reportable question of capital. Hie'Commission account positions (for the same level after applying the permitted offsets therefore welcomes written comments commodity group). That is, for a given set forth in die proposal. The from all interested parties who have not group of small, non-concentrated Commission believes that it might be yet submitted any written comments, account positions, the scale-up factor approriate to raise that threshold and invites those who already bave number of accounts, provided the total | may result in a zero concentration submitted written comments to | charge where a firm has no large, positions carried by an FCM in that supplement their ¡prior submissions in commodity did not exceed some I concentrated account positions .and a light of the items discussed herein. The specified percentage of total open [ considerable concentration charge Commission also encourages interested interest. The Commission therefore i where account positions. Some parties to share their impact data with requests comments as to the effect of commenters questioned whether it was the Commission as it is developed rather raising the threshold of accounts at or the Commissiori’s objective to provide a than waiting until the deadline. concentration charge against small, non- above the reportable level needed t© concentrated account positions, and trigger a concentration computation for Issued in Washington, DC, on October 30, 1985, by the Commission. noted that the scale-up factor, as noted a particular commodity in the case of above, may penalize a firm for carrying options as well as futures. Jean A. Webb, Secretary to the Commission. concentrated account positions, even 7. Standard Fluctuation Factor though 'it would seem there re no [FRDoc. 85-26239 Filed 11-1-85; 8:45 am] "concentration” risk associated with Certain commenters have suggested BILLING CODE 6351-01-M such positions. The Commission that the proposed standard fluctuation requests further comment concerning the factor (proposed Rule 1.153) would be too application of the scale-up factor in high during certain periods in the past. 17 CFR Parts 145 and 146 different ^circumstances. The proposal called for a standard fluctuation factor using a mean plus Commission Records and Information; 5. Classification of Floor Traders A6 three standard deviations. The Records Maintained en individuáis “Customers” Commission also requests that The Commission's regulations commenters assess the impact of using a AGENCY: Commodity Futures Trading currently classify floor traders as standard fluctuation factorusing a mean Commission. “customers” and hence the accounts of plus two standard deviations. a c t io n : Proposed rules. floor traders are included along with all As the Commission stated in its other type s of customers in customer August 5 release, it is interested in s u m m a r y : The Commodity Futures segregated funds, and given the having FCMs apply the proposed Trading Commission proposes to revise protection afforded by section 4d(2) of concentration charge to the accounts its regulations governing requests for . 45834 Federal Register / Vol.

Commission records under the Freedom this section would substantially revise modified, or reversed. Under the of Information Act (“FOIA”) and the language of current § 145.7, the basic petitions for confidential treatment of proposed rules, the Commission would procedure for requesting nonpublic delegate the authority to decide FOIA records submitted to the Commission. records would remain essentially the appeals to the General Counsel. These revisions are designed to clarify same. the procedures for submitting and The Commission believes that this Proposed §§ 145.7 (b) and (c) are delegation of authority would be in the processing FOIA and confidential designed to emphasize the importance of public interest, because it would enable treatment requests and to reflect recent making all FOIA requests in writing and the administrative review process to be developments in federal case law. The addressing them to the Assistant carried out more expeditiously. It is Commission is also proposing to make Secretary of the Commission for FOI, expected, however, that the General one amendment to its Privacy Act Privacy and Sunshine Acts Compliance. Counsel would refer appropriate cases regulations. Section 145.7(c) would specify that involving significant or controversial misdirected FOIA request would not be DATE: Comments must be received on or issues to the Commission for decision. before January 3,1988. considered as having been “received” S ee proposed § 145.7(h)(6)(D). by the Commission, for such purposes as The second change in the FOIA a d d r e s s : Comments should be sent to processing deadlines or requests’ appeal appeal procedure is related to the the Commodity Futures Trading rights, until the requests were actually proposed changes governing Commission, 2033 K Street, NW., received by the Assistant Secretary. confidential treatment requests. If a Washington, D.C. 20581, Attention: Under § 145.7(d), requested records FOIA requester seeks information Secretariat. would have to be described with enough submitted to the Commission by a specificity to enable them to be located FOR FURTHER INFORMATION CONTACT: person who requested confidential by Commission staff. FOIA requests are Daniel S. Goodman, Esq., or Tena Friery, treatment for that information under encouraged to supply names, dates, and Office of General Counsel, Commodity proposed § 145.9, the submitter would detailed subject matter descriptions to Futures Trading Commission, 2033 K be permitted to file a written response to assist the staff in retrieving records that Street, NW., 20581. Telephone (202) 254- the FOIA appeal. (Under proposed will be of use to the requesters. 9880. § 145.9(e)(1), the submitter would have Proposed § 145.7(e) would make it clear already provided the FOIA requester SUPPLEMENTARY INFORMATION: that the Commission has no obligation with a copy of the detailed written either to create new records in response 1. Requests for Commission Records justification for his or her confidential to a FOIA request or to search for treatment request.) One purpose of the proposed documents not in existence on the date regulations is to differentiate between the FOIA request is received. 2. Petitions for Confidential Treatment requests for “public records,” defined as As under the present regulations, the The proposed regulations would make records generally available from the responsibility for issuing an initial several major changes in the Commission office or division that determination with respect to a FOIA Commission’s confidential treatment maintains those records, and requests request would rest with the Assistant regulations. A major thrust of these for “nonpublic records.” Section 145.0(c) Secretary of the Commission for FOI, regulations is to place greater of the proposed rules contains a list of Privacy and Sunshine Acts Compliance. responsibility on the submitters of Commission records that the Proposed § 145.7(g)(1) would, however, information to justify their requests for Commission has determined should be make explicit the practice of the confidential treatment as is required by generally available to the public and Assistant Secretary, in reaching this law. See, e.g., National Parks and identifies the offices from which the determination, to consult with the Conservation Association v. K leppe, Commission offices and divisions in records are available.1 Proposed § 145.2 547 F.2d 673, 679 n.20 (D.C. Cir. 1976). possession of the requested records. has been revised to list those Proposed § 145.9(d)(1) would clarify the Section 145.7(g)(1) would also codify the Commission records that the FOIA grounds on which a submitter of frequent Commission practice of requires to be made available to the information could request confidential furnishing requested documents on a public. The changes in §§ 145.4,145.5, treatment. In the past, the Commission piecemeal basis, as they become has received very broad confidential and 145.6 would reflect the distinction available. treatment requests that either did not between public and nonpublic records. Two §§ (145.7(h) and 145.7(i)) of the Section 145.3 would be deleted. specify the reasons why confidential Commission’s current FOIA regulations treatment was being sought or asserted Requests for nonpublic records have been deleted from the proposed FOIA exemptions designed to protect pursuant to the FOIA must be made in regulations as unnecessary in light of exclusively governmental interests. writing in accordance with the the statutory deadlines imposed by the Under the proposed regulations, provisions of proposed § 145.7.2 While FOIA, s e e 5 U.S.C. 552(a)(6). submitters would be required to specify Circumstances that may cause a delay their grounds for seeking confidential •These records are available from the in the processing of a FOIA request are treatment and would be limited to those Commission divisions indicated, at 2033 K Street, enumerated in proposed § 145.7(g)(3). exemptive provisions in the FOIA that NW., Washington, DC 20581, or, in the case of The procedure for obtaining records available from Commission regional offices, protect the interests of the submitters of at the addresses listed in § 145.6. administrative review of an initial information. *On rare occasion, a record that would normally denial of a FOIA request is set forth in The proper form and content for be considered a “public record,” such as a comment proposed § 145.7(h). Two changes in the petitions for confidential treatment is on a proposed rule, is submitted to the Commission appeal procedure should be noted. First, further specified in proposed regulations subject to a request for confidential treatment. under the present rules, the Office of Under the proposed rules, the Commission would § 145.9(d)(2)—(8). These regulations set continue to treat such records as “nonpublic General Counsel reviews all FOIA forth the minimum requirements records'’ and release them to the public, if at all, appeals and presents a recommendation necessary for the Commission staff only upon consideration of a FOIA request to the Commission whether the initial submitted pursuant to § 145.7. promptly and properly to process a determination should be affirmed, confidential treatment request prior to Federal Register / Voi. 50, No. 213 /-Monday, November 4, 1985 / Proposed Rules 45835 receiving» FOIA request for the this was so or describing the divisions in formulating these material claimed to be confidential. Of competitive environment in which they determinations. particular note is § 145.9(d)(8). »Under operate. In a departure from past Commission that provision, a request for confidential For the Commission to analyze practice, § 145.9(f) would require the treatment of entire documents would not confidential treatment requests Assistant Secretary to issue be recognized if those documents properly, it must have specific simultaneously an initial determination contained reasonably segregable information that the submitters are in with respect to both a confidential portions that were not exempt from the best position to provide. Thus, treatment request and the FOIA request disclosure under the FOIA. This section 145.9(e) would make it clear that for the documents subject to the provision is consistent with the a submitter has the burden of providing confidential treatment request. Such a Commission's obligation under the FOIA the detailed information necessary to procedure would permit a consolidated to release to a requester all reasonably support its confidential treatment administrative appeal from an initial segregable non-exempt portions of request See Joseph Schlitz Brewing Co. determination partially denying both public documents. 5 U/S.C. 552(b). v. SEC, 548 F. Supp. 6, 8 (D.D.C.), a ffd , requests. | Under proposed § 145.9(d)(9), the No. 82-1256 (DC. Cir. June 30,1082); The proposed procedures for Assistant Secretary of die Commission General Electric Co. v. United States administrative appeals are set forth in for FOI, Privacy and Sunshine Acts Nuclear Regulatory Commission, 750 § 145.9(g). As with appeals from initial Compliance (“Assistant Secretary”) is F.2d 1394,1403 (7th Cir, 1984); denials of FOIA requests, the empowered summarily to reject a Westchester General Hospital v. Commission would delegate authority to request for confidential treatment that Department of Health, Education & consider such appeals to its General ¡does not, on its face, satisfy the W elfare, 464 F. Supp. 236, 239 (M.D. Fla. Counsel. S ee § 145.9(g)(3).Under I requirements of § 145.9(d)(l)-(8). Such a 1979). Under the proposed regulations, proposed § 145.9(g)(8), the General request could, however, be refiled in this detailed showing would ordinarily Counsel would have authority to proper form. Failure of the Assistant have to be made only in the small remand any matter to the Assistant Secretary summarily to reject a percentage of instances when the Secretary to correct deficiencies in the confidential treatment request would ‘ Commission receives a FOIA request for initial processing of the confidential ! not necessarily imply that the request the information for which confidential treatment request satisfied those requirements. It is not treatment is being sought. One other new aspect of the proposed anticipated that the Assistant Secretary The required contents of a detailed appeal procedure is the provision will conduct an in-depth review of written justification of a request for permitting a FOIA requester to respond confidential treatment requests until a confidential treatment are specified in in writing to a submitter’s appeal from FOIA request is submitted seeking proposed § 145.9(e)(3)-(4). Attention is an initial determination denying a [ access to records for which confidential directed to § 145.9(e)(4), which requires confidential treatment «request. See treatment is being sought. However the submission of affidavits to establish § 145.9(g)(5). Since a FOIA requester ! § 145.9(d)(9) would provide the the facts necessary to justify the would be adversely affected by the Assistant Secretary with the authority to confidential treatment request. Unless granting of such an appeal, the requester deny any confidential treatment request the disposition of a confidential should be given an opportunity to rebut upon receipt when it clearly does not treatment request is clearly governed by the arguments raised by the submitter. satisfy the basic minimum requirements precedent, submitters will find it Such a procedure should help to create of the Commission’s regulations. Thus, difficult to satisfy their evidentiary an administrative record that is for example, a petition requesting burdens without furnishing at least one adequate for judicial review. confidential treatment for an entire affidavit along with the detailed written As .in the current Commission document .could be summarily denie d if justifications of their requests for regulations, a submitter whose the document clearly contains confidential treatment. confidential treatment request has “been reasonably segregable portions (for As provided under proposed upheld by file Commission would be example, trade literature) that do not § 145.9(e)(5), a submitter’s detailed required, upon request, to aid the implicate any of the FOIA disclosure written justification is considered to be Commission in defending a subsequent exemptions. Similarly, a request for a public document. Thus, the lawsuit by the FOIA requester. C f confidential treatment could be denied if Commission normally will not consider W ebb v. Department of Health and the submitter of information does not requests for confidential treatment of Human Services, 696 F.2d 101,103 (DC. specify the grounds on which the justifications themselves. Ordinarily, Cir. 1982) (Food and Drug confidential treatment is being sought. a submitter should be able to justify a Administration requires chug Once the Commission receives a confidential treatment request without manufacturers to defend Exemption 4 FOIA request for information that is repeating the very information for which suits; failure to defend is presumed to ! subject to a confidential treatment confidential treatment 4s being sought. constitute a waiver of confidentiality). I request, the submitter of the information In the rare instance when this cannot be This provision would help to ensure that would, under proposed § 145.9(e), be done, the submitter should include the the Commission does not devote ! required to provide a detailed written confidential information in a separate substantial resources to the litigation of justification for the confidential affidavit attached to the detailed written confidentiality claims when the treatment request. In the past, it has justification. submitter no longer cares about frequently been difficult for the Proposed § 145.9(f) places file maintaining the non-public nature of the ! Commission staff adequately to responsibility for issuing an 'initial submitted documents. determination concerning a confidential evaluate a confidential treatment 3. Records Maintained on Individuals j request. For example, submitters of treatment request with the Assistant [ information have frequently claimed Secretary for FOI, Privacy and Sunshine While the Commission has not that public release of the information Acts Compliance or his-or her designee. undertaken a comprehensive review of i would cause them competitive injury The Assistant Secretary will consult its Privacy Act regulations at fins time, it without offering any explanation why with the Commission’s operating believes that a delegation of authority to 45836 Federal Register / Vol, 50, No. 213 / Monday, November 4 1985 / Proposed Rules

the General Counsel to decide § 145.0 Definitions. administrative appeals would be Commission’s rules. Nonpublic records (a) For the purposes of this Part, "FOI, must be requested, in writing, in consistent with the proposed Privacy and Sunshine Acts Compliance accordance with the provisions of delegations in the FOIA and confidential staff’ or "Compliance staff’ means the § 145.7. treatment areas. Once again, such a staff of the Office of the Secretariat at 3. Section 145.2 is revised to read as delegation would expedite the appeals the Commission’s principal office in follows: process while relieving the Commission Washington, DC assigned to respond to of decision-making responsibility in an requests for information and handle § 145.2 Records available for public area distinct from its substantive various other matters under the inspection and copying; documents published and indexed. regulatory responsibilities. Accordingly, Freedom of Information Act, the Privacy a proposed § 148.9(f) has been added to Act of 1974 and the Government in the Except as provided in § 145.5, these draft rules. Sunshine Act; “Assistant Secretary” pertaining to nonpublic matters, the 4. Regulatory Flexibility Act means the Assistant Secretary of the following materials shall be available Commission for FOI, Privacy and for public inspection and copying during The Regulatory Flexibility Act, 5 Sunshine Acts Compliance. normal business hours at the offices of U.S.C. 601 et seq ., requires agencies to (b) “Record” means any document, the FOI, Privacy and Sunshine Acts consider the impact of proposed rules on writing, photograph, sound or magnetic compliance staff, Office of the small entities. It is not anticipated that recording, videotape, microfiche, Secretariat, located at the principal these proposed rules would impose any drawing, or computer-stored information office of the Commission in Washington, new burden on small entities.3 or output in the possession of the DG and at the regional offices of the Accordingly, the Chairman, on behalf of Commission. The term "record” does not Commission: the Commission, hereby certifies include personal convenience materials (a) Final opinions of the Commission, pursuant to 5 U.S.C. 605(b) that the rule over which the Commission has no including concurring and dissenting proposed herein, if promulgated, would control, such as appointment calendars opinions, as well as orders made by the not have a significant economic impact and handwritten notes, that may be Commission in the adjudication of on a substantial number of small retained or destroyed at an employee’s cases; entities. discretion. Further, the term “records,” (b) Statements of policy and List of Subjects as used in this Part, does not include interpretations which have been materials such as Federal Register adopted by the Commission and are not 17 CFR Part 145 notices or court filings that are available published in the Federal Register; Freedom of Information Act, Requests from public sources other than the (c) Administrative staff manuals and for Commission records, Petitions for Commission. instructions to staff that affect a member confidential treatment. (c) The term “public records” means, of the public; and in addition to the records described in (d) Indices providing identifying 17 CFR Part 146 § 145.1 (material published in the information to the public as to the Privacy Act, Records maintained on Federal Register) and in § 145.2 (records materials made available pursuant to individuals. required to be made publicly available paragraph (a), (b), and (c) of this section. under the Freedom of Information Act), § 145.3 [Removed] In consideration of the foregoing, and those records that have been determined pursuant to the authority contained in by the Commission to be generally 4. Section 145.3 is removal. section 2(a)(ll) of the Commodity available to the public directly upon oral 5. Section 145.4 is revised to read as Exchange Act, 7 U.S.C. 4a(j), in the or written request from the Commission follows: Freedom of Information Act, 5 U.S.C. office or division responsible for the 552, and in the Privacy Act, 5 U.S.C. § 145.4 Public records available with maintenance of such records. Public identifying details deleted; nonpublic 552a, the Commission hereby proposes records of the Commission include press records available in abridged or summary to amend Parts 145 and 146 of Chapter 1 releases (available from the Office of form of Title 17 of the Code of Federal Communication and Education Regulations as follows: (a) To the extent required to prevent a Services); copies of documents received clearly unwarranted invasion of by the Commission in response to PART 145—COMMISSION RECORDS personal privacy, the Commission may proposed rulemaking (available from the AND INFORMATION delete identifying details when it makes secretariat); copies of complaints and available “public records” as defined in 1. The authority citation for Part 145 other filings received in connection with § 145.0(c). In such instances, the continues to read as follows: administration reparations and Commission shall explain the enforcement proceedings (available Authority: (Pub. L. 89-554, 80 Stat. 383, Pub. justification for the deletion fully in from the Hearing Clerk; copies of writing. L. 90-23, 81 Stat. 54, and Pub. L. 93-502, 88 publicly available portions of Stat. 1561-1564 (5 U.S.C. 552); Sec. 101(a), (b) Certain "nonpublic records,” as Pub. L. 93-463, 88 Stat. 1389 (7 U.S.C. 4a(j)). registration documents as specified in defined in § 145.0(d), may, as authorized § 145.6(b)(1) (available from the by the Commission, be made available 2. Section 145.0 is revised to read as National Futures Association or the follows: for public inspection and copying in an Commission’s Chicago Regional Office) abridged or summary form, with and copies of interpretative letters identifying details deleted. issued by Commission divisions 1 Although proposed rule § 145.9(e) would make 6. Section 145.5 is amended by, explicit the obligation of all entities, including small (available from the Office of entities, to provide the Commission with a detailed revising the introductory text to the Communication and Education section to read as follows: written justification of a request for confidential Services). treatment of material that is subject to a FOIA request, this provision, as discussed above, merely (d) “Nonpublic records” are those § 145.5 Disclosure of nonpublic records. reflects an existing obligation under federal case records not identified in paragraph (c) of law. The Commission may decline to this section or § 145.1 or § 145.2 of the publish or make available to the public Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Proposed Rules 45837 any “nonpublic records," as defined in available for public inspection and be considered. Any person who has ;§ 145.0(d), if those records fall within the copying unless such disclosure is orally requested a copy of a record and descriptions in paragraphs -{a} through required under the Freedom of who believes that the request was (i) of this section. The Commission shall Information Act. When such fingerprint denied improperly should resubmit the publish or make available reasonably cards or supplementary attachments are request in writing in accordance with segregable portions of ‘‘nonpublic on file, the FQL Privacy and Sunshine paragraph (b) of this section. records” subject to a request under Acts compliance staff will decide any (d) Description of Requested Records. section 145.7 if those portions do not fall request for access in accordance with Each written request for Commission within the description in paragraphs (a) the procedures set forth in §§ 145.7 and records made under paragraph (b) of through (i) of this section. 145.9. this section shall reasonably describe * • * * * * 8. Section 145.7 is revised to read as the records sought with sufficient follows: 7. Section 145.6 is amended by specificity to permit the records to be located among the records maintained revising paragraphs (a) and (b)(2) to § 145.7 Requests for Commission records read as follows: and copies thereof, by or for the Commission. The Commission staff may communicate (a) Public Inquiries and Inspection of § J45.6 Commission offices to contact for with the requester (by telephone when Public R ecords. Inquiries concerning the assistance; registration records available practicable) in an effort to reduce the nature and extent of available public (a) Whenever this Part directs that a administrative burden of processing a records, as defined in § 145.0(c) of the request be directed to the FOI, Privacy broad request and to minimize fees for Commission’s rules, may be made in and Sunshine Acts compliance staff at copying and search services. person, by telephone, or in writing to the (e) R equest fo r Existing R ecords. The the principal office of the Commission in Commission offices designated in Commission’s response to a request for Washington, DC; the request shall be § 145.0(c), § 145.2 and § 145.6. made in writing and shall be addressed (b) Requests for Nonpublic Records. nonpublic records will encompass all or otherwise directed to the Assistant Except as provided in paragraph (a) of nonpublic records identifiable as Secretary for FOI, Privacy and Sunshine this section with respect to public responsive to the request that are in Acts Compliance, Office of the records, all requests for records existance on the date that the written Secretariat, Commodity Futures Trading maintained by the Commission shall be request is received by the Assistant Commission, 2033 K Street, NW., in writing, shall be addressed to the Secretary for FQL Privacy and Sunshine Washington, DC 20581. Assistant Secretary ofithe Commission Acts Compliance. The Commission will i The telephone number of the for FOI, Privacy and Sunshine Acts not create a new record in response to a compliance staff is (202) 254-3382. Compliance, and shall be clearly FOIA request. Requests for public records directed to a marked “Freedom of Information Act (f) Fee Agreement A request for regional office of the Commission Request” copies of records pursuant to paragraph pursuant to § 145.0(c) and § 145.2 should (c) Misdirected Written Requests/ (b) of this section must indicate the be sent to: Oral R equests. (1) The Commission requester’s agreement to pay all fees Division of Economic Analysis, cannot assure that a timely or that are associated with the processing Commodity Futures Trading satisfactory response will be given to of the request, in accordance with the Commission, One World Trade requests for records that are directed to rates set forth in Appendix B to Part 145, Center, Suite 4747, New York, New the Commission other than in the or the requester’s intention to limit the York 10048, Telephone (212) 466-2061. manner prescribed in paragraph (b) of fees incurred to a stated amount If the Division of Trading and Markets, this section. Any misdirected written requester states a fee limitation, no Commodity Futures Trading request for nonpublic records should be work will be done that will result in fees Commission, Sears Tower, Suite 4600, promptly forwarded to the Assistant beyond the stated amount A requester 233 South Wacker Drive, Chicago, Secretary of the Commission for FOI, who seeks a waiver nr reduction of fees Illinois 60606, Telephone: (312) 353- Privacy and Sunshine Acts Compliance. pursuant to paragraph (a)(8) of 5990. " Misdirected requests for nonpublic Appendix B of this Part must show that Division of Trading and Markets, records will be considered to have been such a waiver or reduction would be in . Commodity Futures Trading received for purposes of this section the public interest. If the Assistant Commission, 510 Grain Exchange only when they actually have been Secretary receives a request for records Building, Minneapolis, Minnesota received by the Assistant Secretary. The under paragraph (b) of this section from 55415, Telephone: (612) 725-2025. Commission will not entertain an appeal a requester who has not paid fees from a Division of Trading and Markets, under paragraph (h) of this section from previous request in accordance with Commodity Futures Trading an alleged denial or failure to comply Appendix B of this Part, the staff will Commission, 4901 Main Street, Room with a misdirected request unless the decline to process the request until such 208, Kansas City, Missouri 64112, request was in fact received by the fees have been paid. Telephone: (816) 374-2994. Assistant Secretary for FOI, Privacy and (g) Initial Determination, Denials. (1) Division of Enforcement Commodity Sunshine Acts Compliance. With respect to any request for Futures Trading Commission, 10850 (2) While the Commission will attemptnonpublic records as defined in Wilshire Boulevard, Suite 510, Los to comply with oral requests for copies § 145.0(d), the Assistant Secretary of the Angeles, California 90224, Telephone: of records designated by the Commission for FOI, Privacy and (213) 209-6783. Commission as public records, the Sunshine Acts Compliance, or his or her (b) * * * Commission cannot assure a timely or designee, will forward the request to the (2) The fingerprint card and any satisfactory response to such request. Commission divisions or offices likely to supplementary attachments filed in The Commission will not consider an maintain records that are responsive to response to items 6-9 and 14-21 of Form oral request for nonpublic records. An the request. If a responsive record is 8-R, to item 3 on Form 8-S, to items 3-5 appeal under paragraph (h) of this located, the Assistant Secretary, or and 9-11 on Form 8-T or to items 9-10 section from an alleged denial or failure designee, will, in consulation with the on Form 7-R generally will not be to comply with an oral request will not Commission offfice in which the record 45838 Federal Register / VoL 50, No. 213 / Monday, November 1985 / Proposed Rules

was located, determine whether to The original shall be sent to the of access to a record is affirmed in comply with such request. The Assistant Commission’s Office of General whole or in part, the person who Secretary may, in. his or her discretion, Counsel. If the appeal involves requested the information shall be determine whether to comply with any information as to which the FOIA notified in writing of (1) the reasons for portion of a request for nonpublic requester has received a detailed records before considering the the denial and (2) the provisions of 5 written justification of a request for U.S.C. 552(a)(4) providing for judicial remainder of the request. confidential treatment pursuant to (2) Where it is determined to deny, in review of a determination to withhold § 145.9(e), the requester msut also serve records. whole or in part, a request for nonpublic a copy of the appeal on the submitter of records, the Assistant Secretary, or 9. Section 145.9 is revised to read as the information. follows: designee, will notify the requester of the (3) The applicant must attach to the denial, citing applicable exemptions of application for review a copy of all § 154.9 Petitions for confidential the Freedom of Information Act or other correspondence relevant to the request, treatment of information submitted to the provisions of law that require or allow i.e., the initial request, any Commission. the records to be withheld. The correspondence amending or modifying (a) Purpose. This section provides a Assistant Secretary’s response to the the request, and all correspondence procedure by which persons submitting FOIA request should described in from the staff responding to the request. information in any form to the general terms what categories of (4) The application for review shall Commission can request that the documents are being withheld under state such facts and cite such legal or information not be disclosed pursuant to which applicable FOIA exemption or other authorities as the applicant may a request under the Freedom of exemptions. The Assistant Secretary, in consider appropriate. The application Information Act, 5 U.S.C. 552. This denying initial request for records, is not may, in addition, include a description Section does not affect the required to provide the requester with of the general benefit to the public from Commission’s right, authority, or an inventory of those documents disclosure of that information. determined to be exempt from obligation to disclose information in any (5) If the appeal involves information other context. disclosure. that is subject to a petition for (3) The Assistant Secretary, or his or (b) Scope. The provisions of this confidential treatment filed under section shall apply only where the her designee, will issue an initial § 145.9, the submitter of the information Commission has not specified that an determination with respect to a FOIA shall have an opportunity to respond in alternative procedure be utilized in request as expeditiously as possible. writing to the appeal within 10 business connection with a particular study, The following circumstances may, day8 of the date of filing of the appeal. report, investigation, or other matter. however, result in some delay in the Any response shall be sent to the issuance of the initial determination: Commission’s Office of General (c) Definitions. The following (1) The need to obtain requested Counsel. Copies shall be sent to the definitions apply to this section: records from regional offices, the Assistant Secretary of the Commission (1) Subm itter. A “submitter” is any Federal Records Center, or other for FOI, Privacy and Sunshine Acts person who submits any information or establishments that are separate from Compliance and to the person material to the Commission or who the office processing the FOIA request; requesting the information. permits any information or material to (ii) The need to search for, collect, and (6) The General Counsel, or his or her be submitted to the Commission. examine voluminous records; designee, shall have the authority to (2) FOIA requester. A “FOIA (iii) The need to consult with other consider all appeals under this section requester” is any person who files with agencies having a substantial interest in from initial determinations of the the Commission a request to inspect or the determination; Assistant Secretary of the Commission copy Commission records or documents (iv) The need to corrdinate a response for FOI, Privacy and Sunshine Acts pursuant to the Freedom of Information with several Commission offices; Compliance. The General Counsel Act, 5 U.S.C. 552. (v) The need to obtain records may: (d) Written request for confidential currently being used by members of the (i) Determine either to affirm or to treatm ent. (1) Any submitter may . Commission, the Commission staff, or reverse the initial determination in request in writing that the Commission the public; whole or in part; afford confidential treatment under the (vi) The need to respond to a large (ii) Determine to disclose a record, Freedom of Information Act to any number of previously-filed FOIA even if exempt, if good cause for doing information that he or she submits to the requests. so either is shown by the application or Commission. Except as provided in (h) Administrative review, (l) Any otherwise appears; paragraph (d)(10) of this section, no oral person who has been notified pursuant (iii) Remand the matter to the requests for confidential treatment will to paragraph (g) of this section that his Assistant Secretary (A) to correct a be accepted by the Commission. The request for records has been denied in deficiency in the initial processing of the submitter shall specify the grounds on whole or in part may file an application request, or (B) when an investigation as for review as set forth below. which confidential treatment is being to which the staff originally claimed requested but need not provide a (2) An application for review must be exemption from mandatory disclosure detailed written justification of the received by the Office of General on the basis of 5 U.S.C. 555(b)(7)(A) or 7 request unless required to do so under Counsel .within 30 days of the date of the U.S.C. 12(a) is subsequently closed; or § 145.9(e). Confidential treatment may denial by the Assistant Secretary. This (iv) Refer the matter to the be requested only on the grounds that 30-day period shall not begin to run until Commission for a decision. disclosure: the Assistant Secretary has issued an (i) If the initial denial of the request initial determination with respect to all (i) Is specifically exempted by a for nonpublic records is reversed, the statute that either requires that the portions of the request for nonpublic Office of General Counsel shall, in records. An application for review shall matters be withheld from the public in writing, advise the requester that the such manner as to leave no discretion be in writing and shall be marked records will be available on or after a “Freedom of Information Act Appeal.” on the issue or establishes particular specified date. If, on appeal, the denial criteria for withholding or refers to Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Proposed Rules 45839 particular types of matters to be justification of a request for confidential information. The person shall then submit a written request for confidential withheld. treatment, as specified in paragraph (e) (ii) Would reveal the submitter’s trade of this section. treatment pursuant to paragraph (d) of secrets or confidential commercial or (8) A submitter shall not request this section within 10 business days of . financial information. confidential treatment for any the submission of the information. (iii) Would constitute a clearly reasonably segregable material that is (11) Except as provided in paragraph i unwarranted invasion of the submitter’s not exempt from public disclosure under (d)(9) of this section, no determination personal privacy. the Freedom of Information Act. S ee 5 with respect to any request for (iv) Would reveal investigatory U.S.C. 552(b). A submitter has the confidential treatment will be made records compiled for law enforcement burden of clearly and precisely until the Commission receives a Fredom purposes whose disclosure would specifying the material that is the of Information Act request for the deprive the submitter of the right to a subject of his or her confidential material for which confidential fair trial or an impartial adjudication. treatment request. A submitter may be treatment is being sought. (v) Would reveal investigatory able to meet this burden in various (e) Detailed written justification of [ records compiled for law enforcement ways, including (i) separately binding request for confidential treatment. (1) If purposes whose disclosure would material for which confidential the Assistant Secretary of the treatment is being sought; (ii) submitting constitute an unwarranted invasion of Commission for FOI, Privacy and [ the personal privacy of the submitter. two copies of the submission, a copy Sunshine Acts Compliance or his or her from which material for which ; (2) The original of any written request designee determines that a FOIA for confidential treatment must be sent confidential treatment is being sought request seeks material for which has been obliterated, deleted, or clearly to the Assistant Secretary of the confidential treatment has been marked and an undeleted copy; and (iii) Commission for FOI, Privacy and requested pursuant to this section, the clearly describing the material within a Sunshine Acts Compliance. A copy of Assistant Secretary or his or her any request for confidential treatment submission for which confidential designee shall require the submitter to treatment is being sought. A submitter shall be sent to the Commission division file a detailed written justification of his or office receiving the original of any shall not employ a method of specifying or her confidential treatment request material for which confidential the material for which confidential within 10 business days of that ! treatment is being sought. treatment is being sought if that method determination. The detailed written (3) A request for confidential makes it unduly difficult for the justification shall be filed with the j treatment shall be clearly marked Commission to read the full submission, Assistant Secretary of the Commission “FOIA Confidential Treatment Request” including all portions claimed to be for FOI, Privacy and Sunshine Acts and shall contain the name, address, confidential, in its entirety. Compliance. It shall be clearly marked and telephone number of the submitter. (9) If a submitter fails to follow the “Detailed Written Justification of FOIA The submitter is responsible for procedures set forth in paragraphs (d)(1) Confidential Teatment Request” and i informing the Assistant Secretary of the through (d)(8) ofthis section, the shall contain the request number Commission for FOI, Privacy and Assistant Secretary of the Commission [ Sunshine Acts Compliance of any for FOI, Privacy and Sunshine Acts supplied by the Commission. The ! changes in his or her name, address, and Compliance or his or her designee may submitter shall also send a copy of the telephone number, summarily reject the submitter’s request detailed written justification to the (4) A request for confidential for confidential treatment with leave to FOIA requester at the address specified treatment normally should accompany the submitter to refile a proper petition. by the Commission. the material for which confidential Failure of the Assistant Secretary or his (2) The period for filing a detailed treatment is being sought. If a request or her designee summarily to reject a written justification shall be extended for confidential treatment is filed after confidential treatment request pursuant only under exceptional circumstances. the filing of such material, the submitter to this paragraph shall not be construed (3) The detailed written justification shall have the burden of showing that he to indicate that the submitter has of the confidential treatment request or she could not have requested complied with the procedures set forth shall contain: [ confidential treatment for that material in paragraphs (d)(1) through (d)(8) of this (i) The reasons, rèfering to the specific at the time the material was filed. If section. exemptive provisions of the Freedom of access is requested under the Freedom (10) In some circumstances, such as Information Act listed in paragraph of Information Act with respect to when a person is testifying in the course (d)(1) of this section, why the material for which no request for of a Commission investigation or is information that is the subject of the confidential treatment has been made providing documents requested in the FOIA request should be withheld from pursuant to this section, it will normally course of a Commission inspection, it access under the Freedom of be presumed that the submitter of the may be impracticable for the submitter Information Act; to submit a written request for information has waived any interest in (ii) The applicability of any specific confidential treatment at the time the asserting that the material is statutory or regulatory provisions that information is first provided to the confidential. govern or may govern the treatment of (5) A request for confidential Commission. In no circumstances can the information; treatment shall state the length of time the need to comply with the for which confidential treatment is being requirements of this section justify or (iii) The existence and applicability of sought. excuse any delay in submitting prior determinations by the Commission, (6) A request for confidential information to the Commission. Rather, other federal agencies, or courts treatment (as distinguished from the in such circumstances, the submitter concerning the specific exemptive material that is the subject of the should inform the Commission employee provisions of the Freedom of request) shall be considered a public receiving the information, at the time the Information Act pursuant to which document. information is submitted or as soon confidential treatment is being (7) On 10 business days notice, a thereafter as possible, that the person is requested. Submitter shall satisfy any submitter shall submit a detailed written requesting confidential treatment for the evidentiary burdens imposed upon them 45840 Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Proposed Rules

hy applciable Freedom of Information confidential treatment request shall be Act case law. employed, to the extent possible the granted in full or in part, the FOIA General Counsel will decide the appeal (iv) Such additional facts and requester shall be informed of his or her authorities as the submitter may on the basis of the affidavits and other right to appeal to the Commission’s consider appropriate; documentary evidence submitted by the General Counsel in accordance with the submitter and the FOIA requester. (4) The detailed written justification procedures set forth in § 145.7(h). of a confidential treatment request shall (8) The General Counsel or his or her (g) Appeal from initial determination designee shall have the authority to be accompanied by affidavits to the that confidential treatment is not remand any matter to the Assistant extent necessary to establish the facts w arranted. (1) An appeal from an initial Secretary of the Commission for FOI, necessary to satisfy the submitter’s determination to deny a confidential evidentiary burden. treatment request in full or in part shall Privacy and Sunshine Acts Compliance (5) The detailed written justification be filed with the General Counsel of the to correct deficiencies in the initial of a confidential treatment request (as Commission. No disclosure of the processing of the confidential treatment distinguished from the material that is material that is the subject of the appeal request. the subject of the request) shall be shall be made until the appeal is (9) If the General Counsel or his or her considered a public document resolved. If both a submitter and an designee denies a confidential treatment However, a submitter will be permitted FOIA requester appeal to the General appeal in full or in part, the information to submit to the Commission Counsel from a partial grant and partial for which confidential treatment is supplementary confidential affidavits denial of a confidential treatment denied shall be disclosed to the FOIA with his or her detailed written request, those appeals shall be requester 10 business days later, subject justification if that is the only way in consolidated. to any stay entered pursuant to which he or she can convincingly (2) Any appeal of a denial of a request paragraph (g)(10) of this section. demonstrate that the material that is the for confidential treatment shall be in (10) The General Counsel or his or her subject of the confidential treatment writing, and shall be clearly marked request should not be disclosed to the designee shall have the authority to “FOIA Confidential Treatment Appeal.” enter and vacate stays as set forth FOIA requester. The appeal shall include a copy of the below. If, within 10 business days of the. (f) Initial determination with respect initial determination and shall clearly date of issuance of a determination by to petition for confidential treatment (1) indicate the portions of the initial the General Counsel or his or her The Assistant Secretary for FOI, Privacy determination from which an appeal is and Sunshine Acts Compliance or his or being taken. designee to disclose information for her designee, in consultation with the (3) The appeal shall be sent to the which a submitter sought confidential Office in which the record was located, Commission’s Office of General treatment, the submitter commences an shall issue an initial determination with Counsel. A copy of the appeal shall be action in federal court concerning that respect to a confidential treatment sent to the FOIA requester. The General determination, the General Counsel will request for material that is responsive to Counsel or his or her designee shall stay the public disclosure of the the FOIA request. This determination have the authority to consider all information pending final judicial shall be issued at the same time as the appeals from initial determinations of resolution of the matter. The General initial determination with respect to the the Assistant Secretary of the Counsel or his or her designee may FOIA request. See § 145.7(g). To the Commission for FOI, Privacy and vacate a stay entered under this section, extent that thé initial determination Sunshine Acts Compliance. The General either on his or her own motion or at the grants a confidential treatment request Counsel may, in his sole and unfettered request of the FOIA requestér. If such a in full or in part, it should specify the discretion, refer such appeals and stay is vacated, the information will be FOIA exemptions upon which this questions concerning stays under released to the requester 10 business determination is based, and briefly paragraph (g)(10) of this section to the days after the submitter is notified of describe the material to which each Commission for decision. this action, unless a court orders exemption applies. S e e § 145.7(g)(2). To (4) In the appeal, the submitter may the extent that the initial determination otherwise. supply additional substantiation for his (h) En tensions o f time limits. Any denies confidential treatment to any or her request for confidential treatment, material for which confidential time limit under this section may be including additional affidavits and extended for good cause shown, in die treatment was requested, it should additional legal argument. briefly describe the material for which discretion of the Commission, the (5) The FOIA requester shall have an confidential treatment is denied. Commission’s General Counsel, or the opportunity to respond in writing to the Assistant Secretary of the Commission (2) If the Assistant Secretary or his or appeal within 10 business days of the for FOI, Privacy and Sunshine Acts her designee determines that a date of filing of the FOIA Confidential Compliance. confidential treatment request shall be Treatment Appeal. The FOIA requester denied in full or in part, the submitter need not respond, however. Any (i) A submitter whose confidential shall be informed of his or her right to response shall be sent to the treatment request has been upheld by appeal to the Commission’s General Commission’s Office of General the Commission shall, upon request of i Counsel in accordance with the Counsel. A copy shall be sent to the the General Counsel, aid the procedures set forth in paragraph (g) of submitter. Commission in defending a court action this section. The material for which (6) All FOIA Confidential Treatment to compel the Commission to disclose confidential treatment was denied shall Appeals and all responses thereto shall the information subject to the .be released to the FOIA requester if the be considered public documents. confidential treatment request. If the submitter does not file an appeal within (7) Ah appeal taken under this section submitter is unwilling to aid the 10 business days of the date on which will be considered by the General his or her request was denied. Commission in this regard, the General Counsel or his or her designee as Counsel may, hi appropriate cases, (3) If the Assistant Secretary or his or expeditiously as circumstances permit. make the information available to the her designee determines that a Although other procedures may be public. Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Proposed Rules 45841

likely to affect thè Corporation or any of pART 146—RECORDS MAINTAINED NW„ Suite 1220 North, Washington, DC 20004. its components, is a party to litigation or ON INDIVIDUALS has an interest in such litigation, and the - FOR FURTHER INFORMATION CONTACT: use of such records by the Department 10. The authority citation for Part 146 James Alexander, Staff Attorney, (202) of Justice, is deemed by the Corporation continues to read as follows: 724-9088. to be relevant and necessary to the Authority: Pub. L. 93-579, 88 Stat. 1896 (5 SUPPLEMENTARY INFORMATION: The litigation, provided, however, that in U.S C- 552a); Sec. 101(a), Pub. L. 93-463, 88 Privacy Act of 1974 requires each case, the Corporation determines Stat. 1389 (7 U.S.C. 4a(j)). Government agencies to obtain the that disclosure of the records to the 11. Section 146.9 is amended by written consent of record subjects Department of Justice is a use of the before disclosing personal information adding paragraph (f) to read as follows: information contained in the records from the agency Systems of records. The that is compatible with the purpose for §146.9 Appeals to the Commission. Act provides twelve specific exceptions , * . * * * which the records were collected. to this requirement. One of the (b) It shall be a routine use of records (f) The General Counsel or his or her enumerated exceptions provides for the maintained by the Corporation to designee is hereby delegated the nonconsensual disclosure of records for disclose them in a proceeding before a authority to act for the Commission in “routine uses” of the data collected. court or adjudicative body before which . deciding appeals under this section. The In the context of litigation, thè the Corporation is authorized to appear, General Counsel may, in his or her sole government generally initiates when: and unfettered discretion, refer such disclosures of personnel information as (1) The Corporation, or any appeals to the Commission for decision. routine use exceptions. A recent federal component thereof; or court decision held that such routine Issued in Washington, DC, on October 25, (2) Any employee of the Corporation 1985, by the Commission. uses must be narrowly drawn to in his or her individual capacity; preclude the government from Jean A. Webb, (3) Any employee of the agency in his disclosing, as a routine use, personal Secretary to the Commission. or her individual capacity where the and embarrassing information about an [FR Doc. 85-25949 Filed 11-1-85; 8:45 am] Department of Justice has agreed to individual in retaliation for suit being represent the employee; or BILUNG CODE 6351-01-M brought against it. Such routine use by (4) The United States, where the the government could discourage Corporation determines that litigation is meritorious claims from being filed by PENNSYLVANIA AVENUE likely to affect the Corporation or any of aggrieved parties. its components, is a party to litigation or DEVELOPMENT CORPORATION The Office of Management and Budget has an interest in such litigation and the (OMB) has selectively reviewed existing 36CFR Part 903 Corporation determines that use of such routine use for disclosures in support of litigation and has found that such uses records is relevant and necessary to the Privacy Act Update; Disclosures of litigation, provided, however, that, in cbuld be for purposes that are Personal Information During Litigation each case, the Corporation determines inconsistent with the intent of the that disclosure of the records to the agency Privacy Act. : Pennsylvania Avenue Department of Justice is a use of the Development Corporation. list of Subjects in 36 CFR Part 903 information contained in the records action: Proposed rule. ______that is compatible with the purpose for Privacy. which the records were collected. summary: The Pennsylvania Avenue For the reasons set out in the Development Corporation (PADC) preamble, Part 903 of Chapter IX of Title M.J. Brodie, proposes to adopt rules regarding the 36 of the Code of Federal regulations is Executive Director. routine use of records contained in proposed to be amended as follows: Dated: October 28,1985. ,1. Authority citation for Part 903 is PADC records systems for disclosure to [FR Doc. 85-26219 Filed 11-1-85; 8:45 am] the Department of Justice and to PADC , revised to read as follows: BILUNG CODE 7630-01-M during the course of litigation. The Authority: 5 U.S.C. 552a; 40 U.S.C. 870. proposed rule is intended to make 2. Sections 903.11 and 903.12 are nonconsensual disclosure of personal redesignated as § § 903,12 and 903.13 information, routinely used in litigation, FEDERAL COMMUNICATIONS respectively. A new § 903.11 is added to more consistent with the requirements COMMISSION read as follows: of the Privacy Act, Recent court 47 CFR Part Ch. 1 decisions require that routine uses of § 903.11 Routine Uses of records maintained in the system of records. records in Government Record Systems ICC Docket b. 85-124; FCC 85-570] be narrow in scope and protect against (a) It shall be a routine use of the unbridled discretion in allowing records in this system of records to Interstate Usage of Feature Group A disclosures as a routine use. The disclose them to the Department of and Feature Group B Access Service proposed rule sets forth the specific Justice when: routine uses that support disclosure of (1) The Corporation, or any AGENCY: Federal Communications Privacy Act records to the Department component thereof; or Commission. of Justice and for PADC disclosure in (2) Any employee of the Corporation a c t io n : Order Inviting Comments In the litigation. in his or her official capacity; or Matter of Determination of Interstate OATES: Comments must be received on (3) Any employee of the Corporation and Intrastate Usage of Feature Group A or before December 4,1985. in his dr her individual capacity where and Feature Group B Access Service— ADDRESS: Comments should be the Department of Justice has agreed to CC Docket No. 85-124, addressed to the General Counsel, represent the employee; or SUMMARY: The Federal-State Joint Board Pennsylvania Avenue Development (4) The United States, where the requests comments concerning Corporation, 1331 Pennsylvania Avenue, Corporation determines that litigation is 45842 Federal Register / V ol 50, No. 213 / Monday, November 4, 1985 / Proposed Rules

permanent resolution of the issues measurement approach.2 It requested requesting comments on the proper related to classifying traffic as interstate that the Commission approve, on an verification procedures to be used by or intrastate for purposes of applying the interim basis, use of the “allocational local exchange carriers and state relevant access charge tariff. The O rder factors” currently used by the OCCs to authorities in confirming the OCCs’ Inviting Comments (OIC) asks estimate the amount of intrastate measurements of intrastate traffic. We interested parties to address the relative switched access traffic to be reported to are also asking the OCCs to file any merits of using unadjusted entry/exit the local exchange carriers.3MCI also information which they have measurements of intrastate traffic and asked the Commission to institute documenting the relative levels of false adjusted figures calculated to eliminate proceedings or supervise negotiations intrastate and interstate traffic. ‘‘false’’ intrastate traffic. The OIC also designed to develop a uniform requests comments on the proper nationwide “allocational factor” to be III. Ordering Clauses verification procedures to be used by applied until equal access is available. 5. Accordingly, it is ordered, that local exchange carriers and state 3. On April 16,19854 the Commission comments concerning the classification authorities in confirming the OGCs denied MCI’s petition, declining to of traffic as interstate or intrastate for measurements of intrastate traffic. This preempt state regulations concerning the access charge purposes are to be filed action is taken in order to aid the Joint calculation of intrastate switched access with the Secretary, Federal Board in making recommendations to usage. The Commission also declined to Communications Commission no later the Commission on this issue. approve the “allocational factors” than November 27,1985. Replies are to currently used by the OCCs to adjust for EFFECTIVE DATES: Comments are due on be filed no later than December 16,1985. “false” intrastate traffic. Instead, the or before November 27,1985. Replies are 6. It is further ordered, that all parties Commission recommended that, on an due on December 16,1985. filing comments and/or replies are to interim basis, interstate usage be serve copies on the Joint Board members FOR FURTHER INFORMATION CONTACT: measured on the “entry/exit and staff listed in Attachment A. Margot Bester and Claudia Pabo at (202) measurement approach” generally 632-6363. favored by the states.5 On April 19, Federal Communications Commission. SUPPLEMENTARY INFORMATION: 1985 8 the Commission established a William J. Tricarico, Federal-State Joint Board pursuant to Secretary. Order Inviting Comments Section 410(c) of the Communications Joint Board Members In the matter of determination of interstate Act to develop recommendations and intrastate usage of Feature Group A and concerning a permanent resolution of Chairman Mark S. Fowler, Federal Feature Group B Access Service; CC Docket the issues raised by MCI in its petition. Communications Commission, 1919 M No. 85-124. II. Discussion Street, NW. Room 814, Washington, Adopted: October 22,1985. D.C. 20554 4. The Joint Board requests comments Released: October 28,1985. Commissioner James H. Quello, Federal concerning permanent measures for By the Federal-State Joint Board. Communications Commission, 1919 M resolution of the issues raised by the Street, NW. Room 802, Washington, I. Introduction MCI Petition. In particular, we ask D.C. 20554 interested parties to address issues Commissioner Dennis R. Patrick, A . Sum m ary concerning the proper classification of Federal Communications Commission, OCC, FGA and FGB traffic as interstate 1. The Federal-State Joint Board 1919 M Street, NW. Room 844, or intrastate for access charge billing hereby reuests comments concerning Washington, D.C. 20554 purposes. Among other things, we are permanent resolution of the issues asking commenting parties to address Commissioner Marvin R. Weatherly, related to classifying traffic as interstate the relative merits of using unadjusted Alaska Public Utilities Commission, or intrastate for purposes of applying the entry/exit measurements of intrastate 420 L Street, Suite 100, Anchorage, relevant access charge tariffs. traffic and adjusted figures calculated to Alaska 99501 (Use Express Mail or B. Background eliminate “false” intrastate traffic as Courier Service) recommended by MCI. We also request Chairman V. Louise McCarren, Vermont 2. On September 11,1984, MCI comments concerning any other Public Service Board, 120 State Street, Telecommunications Corporation (MCI) measurement approaches that would State Office Building, Montpelier, filed a Petition for Declaratory Relief accurately reflect the amount of Vermont 05602 asking the Commission to preempt state intrastate traffic. In addition, we are Commissioner George H. Barbour, New regulation of the manne.r of calculating Jersey Board of Public Utilities, 1100 intrastate switched access usage of a Under this method of estimating intrastate Raymond Boulevard, Newark, New Feature Groups A and B (FGA and FGB) usage, all traffic that enters an OCC’s network in Jersey 07102 by the other common carriers (OCCs).1 the state where the called station is located is Commissioner Edward B. Hipp, North treated as intrastate in character. MCI objected to the imposition by state Carolina Utilities Commission, Box authorities of auditing requirements as a 3 These allocational factors are applied by the OCCs to adjust for “false” intrastate traffic, i.e., ' 991, Raleigh, North Carolina 27602 condition for certification as an traffic that appears to be intrastate in nature, for intrastate carrier and to stale example, because it enters and leaves the OCC Federal-State Joint Board Staff commission use of estimation of network within the same state, but which is actually Ronald Choura, Chairman, Federal-State intrastate usage based on an entry/exit interstate in nature. *M Cf Telecommunications Corporation Joint Board Staff, Michigan Public (Determination of Interstate and Interastate Usage Service Commission, 6545 Mercantile 'M CI urged the Commission to find that state of Feature Croup A and Feature Group B Access Way, P.O. Box 30221, Lansing, authority in this area had been preempted by the Service), FCC 85-145 (released April 16,1985). Michigan 48909 FCC-mandated procedures for the determination of 3 The Commission recommended that the local interstate and intrastate switched access usage set exchange carriers reflect this interim measurement Ms. Lorraine Plaga, Alaska Public forth in sections 2.3.14 and 2.3.15 of the National approach in their interstate switched access tariffs Utilities Commission, 420 L Street, Exchange Carrier Association (NECA) switched to be filed with the Commission on July 2,1985. Suite 100, Anchorage, Alaska 99501 access tariff. 650 FR 18537 (May 1,1985). (Use Express Mail or Courier Service) Federal Register / VoL 50, No. 213 / Monday, November 4, 1985 / Proposed Rules 45843

Elton Calder, Georgia Public Service FOR FURTHER INFORMATION CONTACT: operating. By selling non-switchable Commission, 244 Washington Street, Sharon Briley, Policy Analysis Branch, equipment wireline carriers could SW., Atlanta, Georgia 30334 Mass Media Bureau, Teh (202) 632-6302. discourage their subscribers from Rowland Curry, Texas Public Utility Federal Communications Commission. converting to the non-wireline system, I Commission, 7800 Shoal Greek William J. Tricarico, acccording to petitioners.1 Several Boulevard, Suite 400N, Austin, Texas Secretary. parties filed comments in support of the 78757 [FR Doc. 85-26255 Filed 11-1-85; 8:45 am] petition. Two commenters proposed Guy E. Twombly, Maine Public Utilities additional means of facilitating BILLING CODE 6712-01-M Commission, State House, Station 18, subscriber conversion from one system Augusta, Maine 04330 47 CFR Part 22 to the other. Chase/Post Cellular Paul Popenoe, Jr., California Public Systems (Chase/PostJ proposed that Utilities Commission, 350 McAllister [CC Docket No. 85-25; RM-4735; FCC 85- subscribers be given a proprietary Street, San Francisco, California 94102 539] interest in their cellular telephone Hugh L. Gerringer, Public Staff—NCUC, Domestic Public Cellular Radio numbers and be permitted to transfer Communications Division, Box 991, Telecommunications Service their numbers to the new system. MCI Raleigh, North Carolina 27602 Cellular Telephone Company (MCIJ AGENCY: Federal Communications Jim Lanni, Rhode Island Public Utilities proposed that we require that telephone Commission. Commission, 100 Orange Street, numbers be programmable by the Providence, Rhode Island 02903 ACTION: Termination of proposed customer at the control head or the rulemaking (report and order). Mike Dworkin, Vermont Public Service handset. Board, 120 State Street, Montpelier, s u m m a r y : The Commission had decided 2. We adopted a Notice of Proposed Vermont 05602 not to adopt a rule requiring that all Rulemaking (NPRM), FCC 85-55, Heiki Leesment, New Jersey Board of cellular customer equipment have a released February 12,1985, which Public Utilities, 1100 Raymond convenient means for subscriber proposed various solutions to the Boulevard, Newark New Jersey 07102 selection of operation on either perceived problem of diminished Gary A. Evenson, Director, frequency block A or B. The competition in the cellular industry due Communications Bureau, Utility Rates Commission determined that switchable to the use of non-switchable cellular Division, Public Service Commission, equipment is readily available and the customer equipment. As one option, we P.O. Box 7864, Madison, Wisconsin marketplace will correct any remaining proposed to adopt a rule requiring that 53707 problems. all cellular customer equipment be Karen L. Hochstein, Director, FOR FURTHER INFORMATION CONTACT: equipped with a convenient means for Congressional and Public Relations, Kelly Cameron, Common Carrier subscriber selection of the frequency National Association of Regulatory Bureau, (202) 632-6917. block. S e e NPRM, Appendix A. This Utility Commissioners, 1102 ICC was essentially the proposal advocated SUPPLEMENTARY INFORMATION: Building, P.O. Box 684 Washington, by petitioners. In addition, however we D.C. 20044 Report and Order (Proceeding proposed an alternative rule that would Claudia Pabo (4 copies), Deputy Chief, Terminated) prohibit wireline carriers or affiliated Policy and Program Planning Division, entities from offering for sale or lease In the matter of amendment of Part 22 of Common Carrier Bureau, Federal non-switchable cellular customer the Commission’s rules relative to the Communications Commission, 1919 M Domestic Public Cellular Radio equipment. S e e NPRM, Appendix B. The Street, NW. Room 544, Washington, Telecommunications Service; CC Docket No. petition suggested that the use of non- D.C. 20554 85-25, RM-4735, FCC 85-539. switchable equipment was a result of [FR Doc. 85-26256 Filed 11-1-85; 8:45 am] Adopted: October 4,1985. the wireline headstart. We therefore BILLING CODE 6712-01-M Released: October 11,1985. reasoned that, because the wireline By the Commission. carriers were reaping such competitive 47 CFR Parts 15 and 76 advantage as might accrue from the use Background [Gen. Docket No. 85-301] of non-switchable equipment, die 1. This proceeding was initiated by a Terminal Devices Connected to Cable burden of restoring competitive balance Petition for Rulemaking filed by the Law Television Systems might more fairly be imposed upon the Offices of Matthew L. Leibowitz, P.A. wireline carriers than upon equipment AGENCY: Federal Communications and Arthur K. Peters, P.E., consulting manufacturers.2 We requested comment Commission. Engineers (petitioners). The petition action: Proposed rule; correction. requested that we adopt a rule requiring 1 All cellular units are capable of operating on that all cellular customer equipment be either cellular system frequency block. At issue here summary: This document corrects the equipped with a convenient means for is how the default system—the system the unit date for initial comments as it appears subscriber selection of operation on seeks out for placing and receiving calls—may be in the Preamble of the Proposed Rule in selected. An A/B switch permits the customer to set either frequency Block A or Block B, which system will be sought out by the unit. Non- this proceeding concerning terminal commonly referred to as an A/B Switch. switchable equipment is internally programmed to devices connected to cable television Petitioners feared competition in the seek a cellular system on either Block A or Block B; systems (published on October 22,1985, Cellular industry would be impaired by only when no system is operating on the pre­ 50 FR 42729). programmed frequency Slock would the unit be able the use of cellular equipment without an to access the other system. Thus, non-switchable date: The correct date on which initial A/B Switch. Petitioners contended that, equipment programmed to operate on the wireline comments are due is November 22,1985, because of the headstart enjoyed by system would have to be reprogrammed by a as shown in the text of the Proposed wireline carriers in the vast majority of service technician in order to access the non- markets, the wireline carrier would wireline frequency block. Rule. * As a further alternative, we proposed imposing build a substantial subscriber base ad d ress: Federal Communications this rule only on the Regional Bell Cellular before the non-wireline carrier began Companies. Commission, Washington, D.C. 20554. 45844 Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Proposed Rules

on these proposals and on the Chase/ unanimously expressed strong became operational.7 Metro Mobile Post and MCI suggestions described opposition to the Chase/Post suggestion believes that our alternative proposed in above. concerning customer ownership (or Appendix B of the NPRM is inadequate Comments portability) of cellular telephone because the effect on consumers of non- numbers and MCI’s proposal to allow switchable equipment is the same 3. We received comments from 24 cellular subscribers to program a new regardless of who supplies it.8 parties. Thirteen parties filed reply number into their cellular telephones. comments. The comments filed by 6. The sole manufacturer of cellular The comments of Southwestern Bell customer equipment to respond to the wireline cellular companies and landline Telephone Co. (Southwestern) on these NPRM, Tandy Corporation (Tandy), also telephone companies generally were issues are representative. Southwestern opposed to the adoption of any rule. supports the proposal in Appendix A.9 points out, for example, that the two Tandy asserts that market forces may These commenters argue that no rule is cellular carriers in a given market will not work due to consumer’s lack of necessary. Nyne Mobile generally have different NXX codes. information about the advantages of an Communications Company (NMCC), Therefore, either seven-digit routing or among others, states that the A/B Switch. Tandy further states that data base routing would be required in any of the proposed solutions will marketplace is responding to the all end-officers within a LATA to impose a burden on manufacturers but demand for switchable equipment. facilitate number portability. that, due to cost savings in volume BellSouth Mobility, Inc. (BSMI) states Southwestern also contends that production, requiring that manufacturers that at least 50% of current product lines number portability would create serious have an A/B Switch.3 AT&T comments make only switchable equipment may administrative problems relating to be cheaper than making switchable that equipment distributors—both customer billing and number equipment specifically for wireline cellular carriers and others—that offer assignment. Southwestern opposes carriers.10 Finally, Tandy states that the sw'itchable equipment will promote it as MCI’s number programmability proposal they would promote any other added cost of an A/B Switch is minimal, because of the increased potential it as would be the cost of converting its equipment feature. Ameritech Mobile would present for unauthorized use of Communications, Inc. (AMCI) suggest production line to manufacturing only cellular telephone service. switchable equipment. that no rule is necessary because both 5. A number of commenters supported carriers will have an incentive to adoption of a rule. Telocator Network of Discussion promote switchable equipment. This is America (Telocator), for example, because carriers will have roaming argues that an A/B Switch rule is 7. Initially, we must define the scope agreements with both wireline and non­ essential to a universal and competitive of the problem addressed by this wireline carriers, as AMCI does, and cellular market. Telocator points out proceeding and what relief we can will therefore have no reason to seek to that, unless subscribers have an A/B provide. Petitioners have requested that prevent their subscribers from accessing Switch, there can be no competition in we prohibit the use of cellular customer the other frequency block. In addition, the roamer market.5 Telocator also equipment that does not have a several commenters assert that the cost argues that the marketplace will not convenient means for subscriber and inconvenience of converting from function properly because consumers selection of the frequency block. They one system to the other are minimal.4 are not aware of the importance of an argue that the wireline carrier will Moreover, they point out that even a A/B Switch until they begin to roam. typically build a subscriber base during subscriber with a switchable cellular Finally, Telocator speculates that, in the headstart period and that the non­ unit would have to have a service markets where roaming will be wireline carrier will be unable to technician program a new telephone prevalent, wireline carriers will have an compete for these subscribers if they are number into the unit in order to switch incentive not only to offer non- using non-switchable equipment. Based on the record before us, however, we home cellular systems. Finally, although switchable equipment but to discount it conclude that there is no reason to the wireline commenters oppose the substantially.6 Metro Mobile CTS, Inc. adoption of any rule, they expressed a (Metro Mobile) also supports the believe that the continued availability of preference for a rule of general imposition of the rule proposed in non-switchable cellular customer application. They argue that applying Appendix A of the NPRM. Metro Mobile equipment will have any appreciable the rule only to them would be argues, however, that this is not a discriminatory and would not assure sufficient remedy. Metro Mobile ’ This proposal would work equally well if the cellular subscribers of the ability to recommends that we require that non-wireline’s resale customers were using non- choose carriers freely, particularly switchable equipment programmed to scan Block A. landline telephone companies give the These units would then default to Block B until the subscribers on the non-wireline system. prospective non-wireline carrier in each non-wireline system went on the air. 4. Both the wireline cellular .carriers market its own NXX code for use as a 8 By contrast. Mobile Communications and the landline telephone companies reseller on the wireline system during Corporation of America (MCCA) recommends that we adopt Option B. MCCA believes that the the headstart period. The non-wireline’s wirelines should correct the problem since they 3 BSMI provides no information as to what resale customers could then be shifted , stand to benefit from the use of non-switchable percentage of total production these product lines equipment. MCCA also argues that subscribers represent. to the non-wireline system when it must be given a proprietary interest in their cellular 4NMCC, for example, estimates that this telephone numbers and a means of reprogramming procedure requires replacement of a $5 5 Telocator cites as an example of the public telephone numbers in order to allow free movement Programmable Read-Only Memory (PROM) chip interest consequences of this situation the of subscribers. MCCA does not address the and no more than twenty to forty minutes of a experience of roamers in Washington, D.C., from technical and administrative objections to these technician’s time. NMCC estimates the labor cost at wireline systems in other cities who are unable to proposals raised by other commenters. no more than $16 and suggests that the second take advantage of the lower roamer rates offered by 9Tandy recommends that we mandate frequency carrier in a market could be expected to bear these the non-wireline carrier because of the lack of an block selection on the keypad, with appropriate costs in order to attract subscribers. Indeed, as A/B Switch. software, as a more user-friendly mechanism than several commenters point out, this was precisely the * Telocator*s hypothetical wireline carrier would an A/B Switch. strategy used by the non-wireline carrier in Chicago be selling or leasing equipment to subscribers on its 10 Nothing would prevent a manufacturer from to attract 4,000 subscribers from the wireline own system who would be roamers on some other system. making only switchable equipment, regardless of system. any action we might take in this proceeding. Federal Register / Voi. 50, No, 213 / Monday, November 4, 1985 / Proposed Rules 45845 impact upon competition for subscribers carrier chooses this option, it would, of for switchable equipment Similarly, in the local cellular market This is course, be responsible for the cost of although consumer awareness of the particularly true if carriers utilize a implementation. This solution has the value of an A/B switch may, at present, transferable NXX scheme, which we advantages of avoiding the need for be low, we believe that a competitive find would serve the public interest reprogramming the mobile unit with a cellular equipment market can be Secondly, we conclude that, even were new telephone number upon transfer to trusted to perform its traditional we convinced that local competition the non-wireline system and of full function of consumer education. were being stifled by non-switchable compatibility with mobiles that do not Conclusion cellular customer equipment none of the have an A-B switch.12 solutions to this problem is feasible or 10. The remaining question before us 11. The record of this proceeding justifiable, is whether non-switchable cellular indicates that the cost both to the public 8. In order for a cellular subscriber to customer equipment represents a and to manufacturers, of imposing an A/ switch home systems, the subscriber sufficient impediment to competition in B switch requirement would be minimal. must take his cellular telephone to a the roamer market to justify the The record also demonstrates, however, service technician for reprogramming. adoption of one of the proposed rules. that the marketplace is meeting This is necessary, even if the cellular Clearly, a roamer using a non- consumer demand for switchable unit is equipped with an A/B switch, switchable unit will have no choice of cellular customer equipment Cellular because the unit must be programmed carriers; such a unit will default to a subscribers who wish to have the ability with a new telephone number.11 An A/ system on the same frequency block as to select carriers when roaming can B switch would only permit free its home system, if one is available. purchase or lease cellular units that movement of subscribers if we were to Most cellular subscribers are likely to provide this capability. In sum, we do require number portability or use roaming service relatively not believe that the present situation programmability, as proposed by infrequently. Therefore, will be poses any threat to competition that Chase/Post and MCI. We agree with the relatively, die ability to select a roamer requries regulatory intervention. We commenters, however, that these carrier unimportant to the majority of therefore conclude that the public proposals are unworkable and are not cellular subscribers. To the extent that interest does not require the adoption of justified by the record before us. this ability is important to consumers, either of the rules proposed in the Therefore, because a cellular subscriber [e g ., as roaming becomes more NPRM. (March 22,1985, 50 FR 11519). desiring to change home carriers must commonplace) the marketplace will 12. Accordingly, it is ordered, that this have his cellular telephone supply switchable cellular equipment. In proceeding, CC Docket No. 85-25, is reprogrammed regardless of the fact, whereas the petition for rulemaking terminated. presence of an A/B switch (except as suggested that non-switchable units Federal Communications Commission. discussed in the following paragraph), were dominating the market, it is clear William J. Tricarico, none of the proposed rules would from the record before us that there is a promote competition for local large supply of cellular customer Secretary. subscribers. equipment equipped with an A/B [FR Doc. 85-26257 Filed 11-1-85; 6; 45 am) 9. The proposal by Teiocator and switch. The cellular customer equipment BILLING CODE 6712-01-« Metro Mobile that we require local market is highly competitive. Equipment telephone carriers to give the non­ is available from carriers, resellers and wireline reseller its own NXX code consumer electronics retailers. In DEPARTMENT OF TRANSPORTATION during the wireline headstart is clearly addition, many subscribers lease their technically feasible. Indeed, such equipment rather than purchasing it and Research and Special Programs arrangements have been made in a in such a case would normally obtain a Administration number of markets. We believe this is a new unit upon switching carriers. Thus, reasonable and pro-competitive means even during the headstart period, the 49 CFR Part 192 of enabling die prospective non-wireline wireline carrier does not have a licensee to compete in the resale market. strangle-hold on the equipment supply. [Docket No. PS-84; Notice 21 In cases where the non-wireline, Moreover, given the fact that it is Transportation of Natural and Other proposing to act as a reseller, has equally inconvenient to switch home Gas by Pipeline; Confirmation or sufficient projected customer volume, cellular carriers regardless of whether Revision of Maximum Allowable we would expect the local landline the subscriber has a cellular telephone Operating Pressure for Gas Pipelines telephone company to assign an NXX equipped with an A/B Switch (unless code to it in advance of beginning its the NXX option discussed above is AGENCY: Materials Transportation own operations, if it is technically used), it has not been demonstrated that Bureau (MTB), DOT. feasible to do so. We would also expect the wireline carrier has any substantial ACTION: Extension of comment period. the wireline cellular operator (where incentive to promote the use of non- technically feasible) to make the switchable equipment13 no reason has SUMMARY: This notice extends the appropriate software changes to its been suggested to us why the industry comment period to January 3,1986, for system to permit the non-wireline would not continue to meet the demand comments to be submitted on Docket carrier’s customers to use mobile units No. PS-84; Notice 1, an Advance Notice programmed with the non-wireline 1 * S ee note 7, supra. of Proposed Rulemaking {ANPRM) on carrier’s numbers on the wireline system 13 The record contains speculation, but no the confirmation or revision of evidence, that wireline carriers are seeking to while the non-wireline is relegated to promote the use of non-switchable equipment. The maximum allowable operating pressure reselling service. If a non-wireline highly competitive nature of the cellular customer for gas pipelines. This ANPRM was equipment market would make it difficult and even 11 If the subscriber has been leasing his futile for wireline carriers to attempt to promote unlikely to dissuade a subscriber from switching equipment from his original carrier, he may simply non-switchable equipment. In any event, the small carriers when he is already prepared to bear the nave a new unit installed in his vehicle. The additional cost of installing a new PROM to scan expense and/or inconvenience associated with presence of an A/B Switch obviously would have the non-wireline frequency block—a cost which having his unit programmed with a new telephone no effect in this situation. might be borne by the non-wireline carrier itself—is number. 45846 Federal Register / Vol, 50, No. 213 / Monday, November 4, 1985 / Proposed Rules

published in the Federal Register, - ACTION: Proposed rule; notice of public ground surface of its habitat. The Volume 50, No. 172, on September 5, hearing, and extension of comment species may be vulnerable to heavy 1985, at page 36116. period. grazing. The species has lost at least d a t e : Comments due by January 3 ,1 9 8 6 . S u m m a r y : Section 4(b)(5)(E) of the two stands to oil and gas exploration a d d r e s s : Comments should be sent to Endangered Species Act of 1973, as and development and is potentially the Dockets Branch, Materials amended, requires that a public hearing threatened by continued oil and gas Transportation Bureau, U.S. Department be held if requested within 45 days of development and oil shale development. of Transportation, 400 Seventh Street the publication of a proposed rule. The The Service proposed a determination of SW., Washington, D.C. 20590. Please Service gives notice that a public endangered status with designation of identify the docket and notice numbers. hearing will be held in Vernal, Utah, on critical habitat for Glaucocarpum All comments and docket materials will the Proposed determination of suffrutescens in the Federal Register, be available in Room 8426 for inspection endangered status with designation of September 5,1985 (50 FR 36118). The and copying between the hours of 8:30 critical habitat for Glaucocarpum period for submission of public a.m. and 5:00 p.m. each working day. Suffrutescens (toad-flax cress), and that Non-Federal employee visitors are comments on the proposal was the comment period on the proposal will originally scheduled to end on admitted to the DOT Headquarters be extended. building through the southwest quadrant November 4,1985. at Seventh and E Streets. d a t e s : The public hearing will be held By October 21,1985, the Service had on November 21,1985, at 7:00 p.m. FOR FURTHER INFORMATION CONTACT: received letters from U.S. Congressman Comments on the proposal must be Howard C. Nielson; Dorothy C. Luck, Robert F. Langley, (202) 426-2082, received by December 1,1985. regarding this extension of the comment Uintah County Clerk; and several period, or the Dockets Branch, (202) 426- a d d r e s s : The public hearing will be private individuals requesting a hearing 3148, for copies of the ANPRM. held at the Uintah County Courthouse, on the proposal to determine 147 East Main, Vernal, Utah. Written SUPPLEMENTARY INFORMATION: In a endangered status with critical habitat comments and materials should be sent designation for Glaucocarpum letter of October 25,1985, the Interstate to the Field Supervisor, Endangered suffrutescens (toad-flax cress). The Natural Gas Association of America Species Office, U.S. Fish and Wildlife (INGAA) requested the comment period Service has scheduled this hearing for Service, Room 2078 Administration November 21,1985, at 7:00 p.m. at the on Docket PS-84; Notice 1 be extended Building, 1745 West 1700 South, Salt 60 Uintah County Courthouse, 147 East days. INGAA, which represents a Lake City, Utah 84104-5110. Comments large segment of the operators affected Main Street, Vernal, Utah. Those parties and materials received will be available by the regulations involved, states that for public inspection during normal wishing to make statements for the additional time is needed to establish an business hours, by appointment, at the record are encouraged to have a copy of industry position on this subject. above address. their statements available to be Based on the above and also that presented to the Service at the start of FOR FURTHER INFORMATION CONTACT: MTB is interested in having as thorough Mr. John L. England, Staff Botanist, the hearing. In order to accommodate a review made of the ANPRM as Endangered Species Office, U.S. Fish the hearing, the Service also extends the possible, MTB is extending the comment and Wildlife Service, Room 2078, public comment period on the proposal. period to January 3,1986. Administration Building, 1745 West 1700 Written comments may now be Authority: 49 U.S.C. 1672; 40 CFR 1.53; South, Salt Lake City, Utah 84104-5110 submitted until December 1,1985, to the Appendix A to Part 1, and Appendix A to (801/524-4430; FTS 588-4430). Service’s Office in the a d d r e s s section. Part 106. SUPPLEMENTARY INFORMATION: Issued in Washington, D.C., on October 30, Author 1985. Background Lucian M. Furrow, The primary author of this notice is Glaucocarpum suffrutescens (toad­ Mr. John L. England, Botanist, at the Acting Associate Director for Pipeline Safety flax cress) is an herbaceous perennial above address. Regulation, Materials Transporting Bureau. plant, commonly 8 to 12 inches tall with [FR Doc. 85-26277 Filed 11-1-85; 8:45 am] a deep woody root that forms an above­ Authority: The authority for this action is BILLING CODE 4S10-6G-M ground clump of several slender simple the Endangered Species Act of 1973 (16 U.S.C. stems with an elongated loose 1531 et seq.; Pub. L. 93-205, 87 Stat. 884; Pub. inflorescence of yellow flowers. L. 94-359, 90 Stat. 911; Pub. L. 95-632, 92 Stat. DEPARTMENT OF THE INTERIOR Glaucocarpum suffrutescens is in the 3751; Pub. L. 96-159,93 Stat. 1225; Pub. L. 97- mustard family and is the only member 304, 96 Stat, 1411). Fish and Wildlife Service of its genus. The species is one of List of Subjects in 50 CFR Part 17 50 CFR Part 17 several endemics limited to the Green River Formation in the Uinta Basin of Endangered and threatened wildlife, Endangered and Threatened Wildlife eastern Utah. It survives mostly on one Fish, Marine mammals, Plants and Plants: Public Hearing and calcareous shale stratum, marked by a (agriculture). Extension of Comment Period on highly erosion-resistant layer of water Proposed Endangered Status With deposited volcanic tuft. The species has Dated: October 29,1985. Critical Habitat for Glaucocarpum experienced a significant population and Frank Dunkle, Suffrutescens (Toad-Flax Cress) range reduction since its discovery 50 Acting Regional Director, U.S. FWS, Den ver, years ago and appears to be threatened Colorado. AGENCY: Fish and Wildlife Service, with habitat destruction associated with [FR Doc. 85-26238 Filed 11-1-85; 8:45 am] Interior. the collection of building stone on the BILLING CODE 4310-55-M 45847

Notices Federal Register Vol. 50, No. 213

Monday, November 4, 1985

This section of the FEDERAL REGISTER guaranteed Financing for this project is Harrison Mill-Panther Creeks contains documents other than rules or available from the Federal Financing Watershed, Alabama proposed rules that are applicable to the Bank under a standing agreement with Notice o f a Finding o f No Significant public. Notices of hearings and the Rural Electrification Administration. investigations, committee meetings, agency Im pact decisions and rulings, delegations of Copies of REA Bulletin 20-22 are authority, filing of petitions and available from the Director, Public The project concerns a plan for applications and agency statements of Information Office, Rural Electrification reducing excessive erosion on sloping organization and functions are examples Administration, U.S. Department of cropland and preventing rapid and of documents appearing in this section. Agriculture, Washington, DC 20250. serious deterioration of the resource base. The planned works of This program is listed in the Catalog of improvement include land use DEPARTMENT OF AGRICULTURE Federal Domestic Assistance as 10.850— conversion on 480 acres of marginal Rural Electrification Loans and Loan cropland, accelerated conservation land Rural Electrification Administration Guarantees. treatment on an additional 6,947 acres of Dated: October 29,1985. cropland, and installation of 12 grade Oglethorpe Power Corp. Tucker, GA; Harold V. Hunter, stabilization structures. Proposed Loan Guarantee Administrator. The Notice of a Finding of No agency: Rural Electrification (FR Doc. 85-26244 Filed 11-1-85; 8:45 am] Significant Impact (FONSI) has been Administration (REA), USD A. BILLING CODE 3410-15-M forwarded to the Environmental Protection Agency and to various ACTION: froposed Loan Guarantee. Federal, State, and local agencies and SUMMARY: Under the authority of Pub. L. Soil Conservation Sendee interested parties. A limited number of 93-32 (87 ST AT. 65) and in conformance copies of the FONSI are available to fill with applicable agency policies and Environmental Impact; Harrison Mid- single copy requests at the above procedures as set forth in REA'Bulletin Panther Creeks Watershed, AL address. Basic data developed during 28-22 (Guarantee of Loans for Bulk the environmental assessment are on Power Supply Facilities), notice is AGENCY: Soil Conservation Service, file and may be reviewed by contacting hereby given^that the Administrator of USDA. Ernest V. Todd. REA will consider providing a guarantee ACTION: Notice of a Finding of No No administrative action on supported by the full faith and credit of Significant Impact. implementation of the proposal will be the United States of America for a loan taken until 30 days after the date of this in the approximate amount of SUMMARY: Pursuant to section 102(2)(C) publication in the Federal Register. $721,171,000 to Oglethorpe Power of the National Environmental Policy (This activity is listed in the Catalog of Corporation (OPC), Tucker, Georgia. Act of 1969; the Council on Federal Domestic Assistance under No. This loan guarantee will provide Environmental Quality Guidelines (40 10.904—Watershed Protection and Flood additional funds needed to finance CFR Part 1500); and the Soil Prevention—and is subject to the provisions of Executive Order 12372 which requires Oglethorpe’s continuing participation in Conservation Service Guidelines (7 CFR the Alvin W. Vogile Nuclear Plant intergovernmental consultation with State Part 650); the Soil Conservation Service, and local officials.) Project. U.S. Department of Agriculture, gives FOR FURTHER INFORMATION CONTACT: notice that an environmental impact Ernest V. Todd, Mr. F.F. Stacy, General Manager, statement is not being prepared for the State Conservationist Oglethorpe Power Corporation, P.O. Box Harrison Mill-Panther Creeks Dated: October 28,1985. 1349, Tudcer, Georgia 30085-1349. Watershed, Houston, Geneva, and Dale [FR Doc. 85-26214 Filed 11-1-85; 8:45 am] SUPPLEMENTARY INFORMATION: Legally Counties, Alabama. BILLING CODE 3410-16-M organized lending agencies capable of FOR FURTHER INFORMATION CONTACT: making, holding and servicing the loan Ernest V. Todd, State Conservationist, proposed to be guaranteed may obtain Soil Conservation Service, 665 Opelika COMMISSION ON CIVIL RIGHTS information on the proposed program, Road, Auburn, Alabama, 36830, including the engineering and economic telephone (205) 821-8070. Indiana Advisory Committee; Agenda feasibility studies and the proposed and Notice of Public Meeting schedule for advances to the borrower SUPPLEMENTARY INFORMATION: The of the guaranteed loan funds from Mr. environmental assessment of this Notice is hereby given, pursuant to the Stacy at the address given above. federally assisted action indicates that provisions of the Rules and Regulations In order to be considered, proposals the project will not cause significant of the U.S. Commission on Civil Rights, must be submitted on or before local, regional or national impacts on that a meeting of the Indiana Advisory December 4,1984, to Mr. Stacy. The right the environment. As a result of these Committee to the Commission will is reserved to give such consideration findings, Ernest V. Todd, State convene at 8:30 a.m. and adjourn at 6:00 ond to make such evaluation or other Conservationist, has determined that the p.m. on November 21,1985, at the disposition of all proposals received as preparation and review of an University of Notre Dame, Center for OPC and REA may deem appropriate. environmental impact statement are not Continuing Education, South Bend, Prospective lenders are advised that the needed for this project. Indiana. The purpose of the meeting is to 45848 Federal Register / Vol 50, No. 213 /^Monday, November 4, 1985 / Notices

conduct a seminar on civil rights issues Mississippi Advisory Committee; South Dakota Advisory Committee; in housing. Agenda for Notice of Public Meeting Persons desiring additional Agenda for Notice of Public Meeting information, or planning a presentation Notice is hereby given, pursuant to the Notice is hereby given, pursuant to the to the Committee, should contact provisions of the Rules and Regulations provisions of the Rules and Regulations Committee Chairperson, James of the U.S. Commission on Civil Rights, of the U.S. Commission on Civil Rights, Nuechterlein or Clark Roberts, Director that a meeting of the Mississippi that a Sub-committee meeting of the of the Midwestern Regional Office at Advisory Committee to the Commission South Dakota Advisory Committee to (312) 353-7371, (TDD 312/886-2188). will convene at 7:00 p.m. and adjourn at the Commission will convene at 9:30 Hearing impaired persons who will 9:00 p.m. on November 21,1985, at the a.m. and adjourn at 12:00 p.m. on attend the meeting and require the Airport Hilton Hotel, 2240 Democrat November 23,1985, at the King’s Inn, 220 services of a sign language interpreter, Road, the Washington Room, Memphis, South Pierre Street, the Tower Room, should contact the Regional Office at Tennessee. The purpose of the meeting Pierre, South Dakota. The purpose of the least five (5) working days before the is to hold a Committee briefing on meeting is to review the draft scheduled date of the meeting. equality of municipal services in Tunica, memorandum regarding the Surface The meeting will be conducted Mississippi for a community forum. Transportation Assistance Act. pursuant to the provisions of the rules Persons desiring additional and regulations of the Commission. Persons desiring additional information, or planning a presentation information, or planning a presentation Dated at. Washington, D.C., October 29, to the Committee, should contact 1985. to the Sub-committee, should contact Committee Chairperson, Louis Committee Chairperson, David L. Volk Bert Silver, Westerfield or Bobby Doctor, Director of or William Muldrow, Acting Director of Assistant Staff Director for Regional the Southern Regional Office at (404) the Rocky Mountain Regional Office at Programs. 221-4391, (TDD 404/221-4391). Hearing (303) 844-2211, (TDD 303/844-3031). [FR Doc. 85-26278 Filed 11-1-85; 8:45 am] impaired persons who will attend the Hearing impaired persons who will BILLING CODE 6335-01-M meeting and require the services of a attend the meeting and require the sign language interpreter, should contact services of a sign language interpreter, the Regional Office at least five (5) Indiana Advisory Committee; Agenda should contact the Regional Office at working days before the scheduled date and Notice of Public Meeting least five (5) working days before the of the meeting. The meeting will be scheduled date of the meeting. Notice is hereby given, pursuant to the conducted pursuant to the provisions of The meeting will be conducted provisions of the Rules and Regulations the Rules and Regulations of the pursuant to the provisions of the Rules of the U.S. Commission on Civil Rights, Commission. and Regulations of the Commission. that a meeting of the Indiana Advisory Dated at Washington, D.C., October 29, Dated at Washington, D.C., October 29, Committee to the Commission will 1985. 1985. convene at 6:00 p.m. and adjourn at 9:00 Bert Silver, p.m. on November 20,1985, at the Bert Silver, Assistant Staff Director for Regional Assistant Staff Director for Regional Housing Allowance Office, Inc., 425 Programs. North Michigan Street, South Bend, Programs. Indiana. The purpose of the meeting is to [FR DOC. 85-26280 Filed 11-1-85; 8:45 am] [FR Doc. 85-26282 Filed 11-1-85; 8:45 am] review information collected on BILLING CODE 6335-01-M BILLING CODE 6335-01-M affirmative action in Indianapolis police and fire departments and to prepare for a housing seminar to be held the Mississippi Advisory Committee; Utah Advisory Committee; Agenda for following day. Amendment Notice of Public Meeting Persons desiring additional Notice is hereby given, pursuant to the information, or planning a presentation Notice is hereby given, pursuant to the to the Committee, should contact provisions of the Rules and Regulations provisions of the Rules and Regulations of the U.S. Commission on Civil Rights Committee Chairperson, James of the U.S.* Commission on Civil Rights, that a meeting of the Mississippi Nuechterlein or Clark Roberts, Director that a meeting of the Utah Advisory of the Midwestern Regional Office, at Advisory Committee to the Commission Committee to the Commission will originally scheduled for November 22, (312) 353-7371, (TDD 312/886-2188). convene at 7:00 p.m. and adjourn at Hearing impaired persons who will 1985, at the Tunica Facility Building, 10:00 p.m. on November 21,1985, at the attend the meeting and require the Moon Landing Rood, Tunica, State Office of Education Building, 250 services of a sign language interpreter, Mississippi, at 8:30 a.m. to 5:30 p.m., has E. 500 S., Salt Lake City, Utah. The should contact the Regional Office at a new meeting location. purpose of the meeting is to plan least five (5) working days before the The meeting date, convening and projects for coming year. scheduled date of the meeting. adjourning times will remain the same. Persons desiring additional The meeting will be conducted The meeting location will change to The information, or planning a presentation pursuant to the provisions of the rules Tunica County Courthouse, the Court to the Committee, should contact and regulations of the Commission. Room, Tunica, Mississippi. William Muldrow, Acting Director of the Dated at Washington, D.C., October 29, Dated at Washington, D.C., October 29, Rocky Mountain Regional Office at (303) 1985. 1985. 844-2211, (TDD 303/844-3031). Hearing Bert Silver,' Bert Silver, impaired persons who will attend the Assistant Staff Director for Regional meeting and require the services of a Assistant Staff Director for Regional sign language interpreter, should contact Programs. Programs. [FR Doc. 85-26279 Filed 11-1-85; 8:45 am] the Regional Office at least five (5) [FR Doc. 85-26281 Filed 11-1-85; 8:45 am] working days before the scheduled date BILLING CODE 6335-01-M BILLING CODE 6335-01-M of the meeting. Federai Register / Voi. 50, No. 213 / Monday, November 4, 1985 / Notices 45849

The meeting will be conducted National Oceanic and Atmospheric copies of this application to the Marine pursuant to die provisions of die rules Administration Mammal Commission and the and regulations of the Commission. Committee of Scientific Advisors. Dated at Washington, D.C., October 30, Marine Mammals; Application for Written data or views, or requests for 1985. Permit; Northwest and Alaska a public hearing on this application Bert Silver, Fisheries Center, National Marine should be submitted to the Assistant Assistant Staff Director for Regional Fisheries Service Administrator for Fisheries, National Programs. Marine Fisheries Service, U.S. Notice is hereby given that an [FR Doc. 85-26283 Filed 11-1-85; 8:45 am] Department of Commerce, Washington, Applicant has applied in due form for a DC 20235, within 30 days of the BILLING CODE 6335-01-M Permit to take marine mammals as publication of this notice. Those authorized by die Marine Mammal individuals requesting a hearing should Protection Act of 1972 {16 U.S.G. 1361- set forth the specific reasons why a DEPARTMENT OF COMMERCE 1407), and the Regulations Governing the Taking and Importing of Marine hearing on this particular application Bureau of the Census Mammals {50 CFR Part 216). would be appropriate. The holding of such hearing is at die discretion of the Annual Wholesale Trade; 1. Applicant: Assistant Administrator for Fisheries. Consideration a. Name: Northwest and Alaska Fisheries Documents submitted in connection Center fP77#16); National Marine Fisheries Notice is hereby given that the Bureau Service. with the above application are available of the Census is planning to conduct in b. Address: 7600 Sand Point Way, N.E., for review in the following offices: 1986 the Annual Wholesale Trade Seattle, Washington 98115, Assistant Administrator for Fisheries, Survey. This survey will be conducted 2. Type of Permit: Scientific Research. National Marine Fisheries Service, 3300 under Title 13, United States Code, 3. Name and Number of Marine Mammals Whitehaven Street, NW., Washington, and Type and Take: sections 182, 224, and 225, and will DC; provide data for 1985 covering year-end Crabeater seal (Lobodon carcmo- Regional Director, Northwest Region, inventories, purchases, and annual sales phagus): National Marine Fisheries Service, 7600 of firms engaged in wholesale trade. —Flipper tag.—------—------500 Sand Point Way, N.E., BIN C1570Q, This survey is the only continuing —Sacrifice...... ______«——- —.. 600 Seattle, Washington 98116; source available on a comparable —Instrument tag------«...... «... 100 Regional Director, Southwest Region, classification and timely basis for use as Total annual take— ««..««„«« 1,200 National Marine Fisheries Service, 300 a benchmark for developing estimates of Leopard seal (Hydmrga ieptonyx): South Ferry Street, Terminal Island, wholesale sales and inventories. Such a —Flipper tag.«.------—««.««.« 200 California 90731; and survey, if conducted, shall begin not —Sacrifice ....____ «..««—.—««„. 150 earlier than December 31,1985. —Instrument tag...... 100 Regional Director, Northeast Region, Information and recommendations National Marine Fisheries Service, 14 Total annual take...... 450 Elm Street, Federal Building, Gloucester, received by the Bureau of the Census Weddel seal (Leptonychotes wed- show that the data will have significant dellij: Massachusetts 01930. application to the needs of the public, —Flipper tag«...... — 200 Dated: October 30,1985. —Sacrifice _ — «.. 20 the distributive trades, and James E. Douglas, Jr., governmental agencies, and that the —Instrument tag...__...»...... ♦««« 50 Acting Deputy Assistant Administrator for data are not publicly available from Total annual take...... — «,. 270 Fisheries, National Maiine Fisheries Service. nongovernmental or o ther governmental Ross seal {Ommatophoca rosstJ: [FR Doc. 85-26296 Filed 11-1-85; 8:45 am] sources. —Flipper tag— —«... ; 100 Reports will be required only from a — Sacrifice______20 BILLING CODE 3510-22-M minimum selected sample of merchant —Instrument tag— .—.«.«.—....«.«____ 30 wholesale firms operating in die United Total annual take—..— —« 150 States, with probability of selection Antarctic fur seal { ArctocephaJus based on sales size. The sample will g a z ella J: DEPARTMENT OF DEFENSE provide, with measurable reliability, —Flipper tag___ __— 600 statistics on the subject specified above. —Sacrifice ...— ..— ------...... 20 Department of the Air Force Copies of the proposed forms and a —Instrument tag...... —.... 100 description of the collection methods are Total annual take----- «------720 USAF Scientific Advisory Board; available upon request to the Director, Southern elephant seal (Mirounga Meeting Bureau of the Census, Washington, IX! leoninaJ: 20233. —-Flipper tag —— ««.«« — « 300 October 25,1985. —Sacrifice...... - ...... - 20 Any suggestions or recommendations —Instrument tag ..... «...... — — 50 The meeting of the USAF Scientific concerning the data items covered in Advisory Board Airlift Cross-Matrix this proposed survey will receive Total annual take...... « 370 Panel to brief the Commander-in-Chief, consideration if submitted m writing to Military Airiift Command, and senior the Director, Bureau of the Census, on or 4. Location of Activity: Antarctic Peninsula, staff on the results of the Scientific before December 3,1985. Weddell Sea and Ajnundson/Befiingshausen Advisory Board Special Operations Dated: October 29,1985. Seas, Antarctic. Summer Study, published in the Federal John G. Keane, 5. Period of Activity: 5 years. Register on October 22,1985 {50 FR Director, Bureau of the Census. Concurrent with the publication of 42753), has been changed to November (FR Doc. 85-26249 Filed 11-1-85; 8:45 am] this notice in the Federal Register, the 25 and 26,1985. All other information BILLING CODE 3510-07-M Secretary of Commerce is forwarding remains the same. 45850 Federal Register / Vol. 50, No. 213 / Monday* November 4, 1985 / Notices

For further information, contact the agreement and that its rates can only be demand stated in the contract. Thus, Scientific Advisory Board Secretariat at changed prospectively in compliance APS is providing service up to 6 MW as 202-697-8845. > with the requirements of section 206 of is required in the contract and subject to Patsy J. Conner, the FPA. In support, PTUA cites Papago the section 206 procedures. The excess A ir Force Federal Register Liaison Officer. Tribal Utility Authority v. FERC, 610 above 6 MW which APS has not agreed [FR Doc. 85-26213 Filed 11-1-85; 8:45 am] F.2d 914 (D.C. Cir. 1979), wherein the to provide under contract, is a BILLING CODE 3910-01-M court held that the PTUA-APS supplemental requirement,7 and not agreement provides that rates can only subject to the terms of the contract or be changed by the Commission, after the rate setting procedures of section DEPARTMENT OF ENERGY hearing, pursuant to section 206. In 206. We conclude that APS properly addition, PTUA contends that APS’ filed under section 205 of the FPA, its Federal Energy Regulatory recent refusal to increase the maximum Commission proposed rates for service that is demand to 7.5, as requested by PTUA, is beyond the contracted-for 6 MW. a breach of Section 2.2 of the PTUA- [Docket No. ER85-728-000] With regard to the data submitted to APS agreement,5 which violates the true support the rate filing, the Commission Arizona Public Service Co.; Order intent of the parties to the contract, and notes that APS is not precluded from Accepting for Filing and Suspending demonstrates APS’ bad faith under the incorporating by reference in this filing Rates, Noting Interventions, Denying contract. Motion To Reject, and Granting Waiver PTUA also requests that the rate filing its cost data from Docket No. ER84-450- be rejected for failure to submit a cost of 000.8 In our view, however, the Issued: October 29,1985. service study as required under section company, has not yet provided a Before Commissioners: Raymond J. 35.13 of the Commission’s regulations. sufficient justification or rationale for O’Connor, Chairman; A. G. Sousa and PTUA opposes APS* use of the rates the application of this particular rate to Charles G. Stalon. contained in Docket No, ER84-450-000 PTUA. APS has also included an 11- On August 30,1985, Arizona Public because those rates apply to partial month billing demand ratchet for PTUA Service Company (Aré) submitted for requirements customers, whereas PTUA which is not contained in the rate on file filing a rate schedule applicable to the contends that its contract with APS is a and which could result in overcharges to Papago Tribal Utility Authority (PTUA) full requirements contract. PTUA also PTUA because the present rate was for supplemental service in excess of the argues that the Period II test period developed utilizing unratcheted billing 6 MW maximum demand stated in their (1984) which was used to support the units. With regard to PTUA’s assertion present Wholesale Power Agreement.1 rates in Docket No. ER84-450-000 is that the cost-of-service data underlying The proposed rate is based on a rate stale and cannot serve as a basis for the the settlement rate may be stale, we are currently on file for certain other partial proposed rates in the pesent filing. not prepared to conclude that this requirements customers.2 APS requests Finally, PTUA opposes APS’ requested support is necessarily inappropriate, waiver of the notice requirements to waiver of the notice requirements. where APS is seeking to apply a filed permit an effective date of October 12, Discussion rate to an additional service. APS will 1985, to correspond with the effective be required to provide prior to the date of the newly-established 6 MW Pursuant to Rule 214 of the hearing in this proceeding its case-in­ maximum demand.3 Commission’s Rules of Practice and chief, including testimony, exhibits, and Notice of the filing was published in Procedure (18 CFR 385.214), PTUA’s work papers supporting its application the Federal Register with comments due timely, unopposed motion to intervene of the proposed rate and demand ratchet on or before September 23,1985.4 A serves to make it a party to this to the supplemental PTUA load. Any timely motion to intervene was filed by proceeding. question regarding support for the rate PTUA which states that APS’ rate filing, With regard to PTUA’s arguments can be pursued in the course of the which was made ünilaterally under regarding its maximum demand, the hearing. Having evaluated the section 205 of the Federal Power Act current contract provides that 6 MW is company’s submittal, the Commission (FPA), violates the PTUA-APS contract the maximum amount to which PTUA is believes that it minimally satisfies, our and the Commission’s regulations. entitled and which the company is threshold filing requirements and is not PTUA states that the existing contract obligated to provide. The contract in patently deficient. The Commission will, already covers service above 6 MW. section 2.2 states that PTUA may therefore, deny PTUA’s request for request an increase in the stated This is because PTUA reads section 2.3 rejection. of the agreement as providing that the maximum demand level, but also clearly maximum demand will automatically provides that APS may refuse such a Our review of APS’ filing and the increase to meet PTUA’S peak load if request, as it did here in 1983.6 Section pleadings indicates that the rates have the peak should exceed the maximum (6 2.3 of the contract provides that, while not been shown to be just and MW). PTUA concludes that its entire APS may elect to provide for certain reasonable and may be unjust, load is governed by the existing increases in demand above the unreasonable, unduly discriminatory or contractual maximum, APS may, at its preferential, or otherwise unlawful. Accordingly, we shall accept the rates ' S ee Attachment A for raté schedule option, hold PTUA to the maximum designations. for filing, and we shall suspend them as ordered below. 2The rate on file is a settlement rate approved by 5 Section 2.2 and other salient provisions of the the Commission on February 21.1985, in Docket No. contract are quoted in Attachment B to this order. ER84-450-000 (30 FERC 61,205). 6 By letter dated October 7.1983, PTUA notified 7 The contract clearly does not provide for full 3 In a letter dated July 25,1985, the Commission APS of its desire to increase the maximum demand requirements service. Thus, APS properly accepted an earlier amendment to the Wholesale from 8 MW to 7.5 MW to be effective on the day the designated the additional service as supplemental Power Agreement which reflected PTUA’s scheduled 6 MW was to go into effect: October 12, service, notification in October of 1978 of its desire to 1985. APS responded to this request within the 8 Incorporation by reference of cost of service reduce its maximum demand from 30 MW to 8 MW required 30 days, by refusing to accept the increase. data from another docket is permitted, where (Docket No. ER85-588-000). Both parties, therefore, complied with the notice appropriate, under § 35.Ì9 of the Commission’s 4 50 FR 37,576. requirements of section 2.2 of the contract. regulations. Federal Register / V ol 50, No. 213 / Monday, November 4, 1985 / Notices 45851

In West Texas Utilities Co., 18 FERC f thirty (30) days after APS’ submittal of advance of thè effective date of such 61,189 (1982), we explained that our its case-in-chief. increase, provided, however, that suspension decisions will generally (G) A presiding administrative law Company shall have the right to refuse depend upon the extent to which a judge, to be designated by the Chief to accept such proposed increase in preliminary review of the rates suggests Administrative Law Judge, shall demand by notice given to PTUA within that they may be excessive. We added, convene a conference in this proceeding thirty (30) days after receipt of notice of however, that other considerations to be held within approximately ten (10) such desire to increase the maximum might also be controlling. Here, before days after service of top sheets in a demand. considering whether the rate proposed hearing room of the Federal Energy * * * * : * (including a ratchet) is appropriate in Regulatory Commission, 825 North 2.3' Once a peak demand (hereinafter the first instance for the service being Capitol Street, NE., Washington, DC defined) has been established, which is offered, it would be extemely difficult to 20426. The presiding judge is authorized higher than the maximum demand, assess the magnitude of any expected to establish procedural dates, ineluding specified in section 2.1, whether or not excess. However, it is clear that a the submission of a case-in-chief by inadvertent or occurring without notice maximum suspension would interfere APS, and to rule on all motions (except or consent of Company, this shall with APS’ delivery of uninterrupted motions to dismiss), as provided in the constitute a new maximum demand for service to PTUA in amounts above 6 Commission’s Rules of Practice and the current billing period and for all MW. Thus the proposed filing will be Procedure. subsequent billing periods hereunder, suspended for a nominal period and set (H) Subdocket -000 in Docket No. unless and until increased pursuant to for hearing. Furthermore, ER85-728 is hereby terminated. Docket the terms and conditions of this notwithstanding PTUA’s motion to No, ER85-728-001 is assigned to the contract, subject to the right of Company reject APS’ request for waiver of notice, evidentiary proceeding ordered herein. to have the maximum demand in effect we shall grant the waiver of notice (I) The Secretary shall promptly prior to such peak demand remain in requirements so that the rate schedule publish this order in the Federal effect unaffected by the existence of can become effective as of October 12, Register. such peak, and, in addition PTUA shall 1985, simultaneous with the By the Commission. reimburse Company for any expenses or implementation of the 6 MW maximum Kenneth F. Plumb, damages incurred by Company, as a demand under the existing rate Secretary. result, of the occurrence of such peak schedule. Given our interpretation of demand. Attachment A—Rate Schedule APS’ rights under the contract, this is ■ * * * * * the only way to ensure that PTUA will Designations Docket No. ER85-728-000 Arizona Public Service Company 3.4 In the event that Hecla Mining be able to obtain the desired service for Company and/or Newmont Mining loads above 6 MW. We shall, therefore, Other Party; Papago Tribal Utility Company shall exercise rights under suspend APS’ rates to become effective Authority. their respective power purchase on October 12,1985, subject to refund, contracts with PTUA so as to cancel Designations Description The Commission orders: their respective purchase obligations (1) Supplement NO. 24 to Rate Rates for Power and under either or both such contracts (A) PTUA’s motion to reject is hereby Schedule FPC No. 52. Energy in excess of 6 effective at any time after ten (10) years denied. MW. (2) Supplement No. 1 to Supple­ Exhibit A— Fuel Cost from the effective date of this (B) APS’ request for waiver of the ment No. 24 to Rate Schedule Adjustment Clause. Agreement, PTUA shall have the right, notice requirements is hereby granted. FPC No. 52. by written notice, given within three (3) (3) Supplement No. 1 to Supple­ Exhibit A(1)— Fuel (C) APS' proposed rates are hereby ment No. 1 to Supplement No. Adjustment Clause months after notice by Helca or accepted for filing and suspended to 24 to Pàté Schedule FPC No. Rider. Newmont, as to exercise of such become effective on October 12,1985, 52. (4) Supplement No. 2 to Supple­ Exhibit B— Experimental cancellation right, to effect a reduction subject to refund. ment No. 1 to Supplement No. Adjustment Clause. hereunder equivalent in amount to the (D) Pursuant to the authority 24 to Rate Schedule FPC No. amount cancelled under such purchase 52. contained in and subject to the (5) Supplement No. 2 to Supple­ Transmittal Letter dated contract or contracts, provided that in jurisdiction conferred upon the Federal ment No. 24 to Rate Schedule August 29, 1985. such event PTUA shall forthwith pay the FPC No. 52. Energy Regulatory Commission by Company for unused power production section 402(a) of the Department of and integrated transmission system Energy Organization Act and by the Attachment B-—Wholesale Power capacity according to the following Federal Power Act, particularly sections Supply Agreement Papago Tribal Utility terms and conditions: 205 and 206 thereof, and pursuant to the Authority A . The previously established Commission’s Rules of Practice and maximum demand Kw will be reduced Procedure and the regulations under the The contract provides in pertainent by the amount specified in the notice Federal Power Act (18 CFR Chapter I), a part as follows: given by PTUA to establish a new public hearing shall be held concerning 2.1 Company will supply or make maximum demand Kw. Thereafter the the justness and reasonableness of APS’ available, and PTUA will take or pay for maximum demand Kw will be rates. electric power and energy in the amount determined according to the provisions of its requirements up to maximum (E) Within thirty (30) days of the date of Section 2 hereof. of this order, APS shall file its ease-in­ demand (defined hereafter) of 6 Mw, * * * * * chief, consisting of complete cost of unless said limit is changed as provided service statements AA through BL, as in section 2.2. 3.5* * * “Peak Demand”—the highest 30 specified in § 35.15 of the regulations, * * * . * * together with testimony and complete 2.2 In the event PTUA shall desire to minute integrated demand measured at work papers. increase the maximum demand as the delivery point during any month. (F) The Commission staff shall serve specified in section 2.1, it may do so by “Maximum Demand”—the maximum top sheets in this proceeding within notice given in writing two (2) years in demand is the maximum number of 45852 Federal Register / Voi 50r No. 213 / Monday, November 4, 1985 / Notices

Kilowatts that PTUA is entitled to [Docket No. ER86-29-000] CL&P, the NO Companies) and receive and the maximum number of Baltimore Gas and Electric Company Kilowatts that Company is obligated to The Cincinnati Gas & Electric Co.; Filing (BG&E). The Agreement, dated as of furnish. October 1,1985, provides for the NU 3.6 The rates hereinabove set out in October 30,1985. Companies to sell to BG&E energy from this Section 3 and Exhibits thereto are to Take notice that The Cincinnati Gas & the systems of the NU Companies remain in effect for the initial one (1) . Electric Company (Cincinnati) tendered (system power) that may be available year of the term of this contract and for filing on October 24,1985, new on a daily or weekly basis (a thereafter unless and until changed by Service Agreements, dated October 1, transaction). CL&P states that.the timing the Federal Power Commission or other 1985, between Cincinnati and its of transactions cannot be accurately lawfui regulatory authority, with either subsidiary companies, The Union Light, estimated but that the NU Companies party thereto to be free unilaterally to Heat and Power Company (Union Light) would offer to sell such system energy take appropriate action before the and The West Harrison Gas and Electric to BG&E only when it was economic to Federal Power Commission or other Company (West Harrison). do so. BG&E would only accept such lawful regulatory authority in The new Service Agreements become offer if it was economical to do so. connection with changes which may be effective January 1,1986 and supersede BG&E will pay an energy reservation desired by such party. existing Agreements with Union Light charge to the NU Companies for each ***** and West Harrison. transaction in an amount equal to the Cincinnati states that the Agreements megawatt-hours of system energy [FR Doc. 85-26231 Filed 10-1-85; 8:45 am] are in the form as specified in the “Form reserved for BG&E by the NU BILLING CODE 6717-01-M of Service Agreements” included in and Companies during each hour of a on file with the Commission as Original trasaction multiplied by the energy Sheet No. 11 of First Revised Volume reservation charge rate which is No. 1. No rate change of any kind is negotiated prior to each transaction. [Docket No. ER85-563-0011 contemplated by the Service BG&E will pay an energy charge to the Agreements until changed by an NU Companies for each transaction in Arkansas Power and tight Co.; Filing appropriate filing made in accordance an amount equal to the megawatt-hours with section 205(d) of the Federal Power delivered by the NU Companies during Act. October 30,1985. such transaction multiplied by the A copy of the filing was served upon energy charge rate. The energy charge Take notice that on October 16,1985 Union Light and West Harrison. rate is based on the heat rate and the Arkansas Power and Light Company Any person desiring to be heard or to replacement fuel price of the generating (AP&L) tendered for filing six copies of protest said filing should file a petition unit(s) which the NU Companies rate schedules containing rates to intervene or protest with the Federal determine to be available to provide redetermined pursuant to the settlment Energy Regulatory Commission, 825 energy at the time of a transaction. agreement filed in ER85-563-000 and North Capitol Street, NE., Washington, CL&P requests that the Commission accepted by Commission by letter order DC 20426, in accordance with Rules 211 waive its customary notice period and dated August 6,1985. AP&L said the and 214 of the Commission’s Rules of allow the Agreement to become redetermined rates correspond to the Practice and Procedure (18 CFR 385.211). effective on October 22,1985, the date of retail rates approved by the Arkansas All such petitions or protests should be the filing letter. Public Service Corprnission. Accordingly filed on or before November s, 1985. WMECO has filed a Certificate of AP&L requests a corresponding effective Protests will be considered by the Concurrence in this docket. date for ,the rates submitted, in this filing Commission in determining the The Agreement has been executed by and to the extent necessary requests appropriate action to be taken, but will CL&P, WMECO, and by BG&E waiver of thè Commission’s regulations. not serve to make protestants parties to (Baltimore, Maryland) and copies have the proceeding. Any person wishing to been mailed or delivered to each of Any person desiring to be heard or to become a party must file a petition to protest said filing should file a motion to them. - :■ ifes#? ■ intervene. Copies of this filing are on file CL&P further states that the filing is in intervene or protest with the Federal with the Commission and are available Energy Regulatory Commission, 825 accordance with section 35 of thè for public inspection. Commission’s Regulations. North Capitol Street, NE., Washington, Kenneth F. Plumb, Any persons desiring to be heard or to DC 20426, in accordance with § 385.211, Secretary. protest said filing should file a motion to 385.214. All such motions or protests [FR Doc. 85-26223 Filed 11-1-85; 8:45 am] intervene or protest to the Federal should be filed on or before November 5, BILLING CODE 6717-01-M Energy Regulatory Commission, 825 1985. Protests will be considered by the North Capitol Street, NE, Washington, Commission in determining the [Docket No. ER86-54-000] DC 20426 in accordance with Rules 211 appropriate action to be taken, but will and 214 of the Commission’s Rules of not sèrve to make protestants parties to The Connecticut Light and Power Co.; Practice and Procedure (18 CFR the proceeding. Any person desiring to Filing § 385.211 and 385.214). All such motions become a party must file a motion to or protests should be filed on or before intervene. Copies of this filing áre file October 30,1985. November 8,1085. Protests Will be with the Commission and are available Take Notice that on October 24,1985, considered by the Commission in for public inspection. The Connecticut Light and Power determining the appropriate action to be Kenneth F. Plumb, Company (CL&P) tendered for filing as taken but will not serve to make S ecretary . v . , an initial rate schedule an agreement protestants parties to the proceeding. (the Agreement) between CL&P, (FR Doc- 85-26222, Filqd ll-l-:85; 8:4$ am} Any person wishing to become a party Western Massachusetts Electric BILLING CODE 6717-01-M must file a motion to intervene. Copies Company (WMECO, and together with of this filing are on file with the Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Notices 45853

Commission and are available for public additional motions. The Towns request the filing substantially complies with inspection. that Connecticut's filing be deemed Commission regulations and that no Kenneth F. Plumb, deficient, alleging that various other basis for rejection has been Secretary. workpapers were either inadequate or shown. Therefore, we shall deny the motion to issue a deficiency letter. (FR Doc. 85-26224 Filed 11-1-85; 8:45 am] missing. The Towns also request that the Commission strike certain portions BILLING CODE 6717-01-M We shall deny without prejudice the of the testimony of Connecticut’s Towns’ motion to strike certain parts of witness Mr. Brown, to the extent that Mr. Brown’s testimony. We believe that [Docket Nos. ER85-72Q-000, and ER85- they refer to the basis for prior such a decision affecting the content of 689-000 and ER85-707-000] settlement rates in Docket No. ER83-55. record evidence is best resolved by the According to the Towns, such Connecticut Light & Power Co.; Order presiding judge. With respect to thè information is privileged. The Towns Towns’ request that expedited hearing Accepting for Filing and Suspending request a maximum suspension of the Rates, Granting Intervention, Denying procedures not be applied to this W -3 rates, raising a number of cost of proceeding, we shall leave this decision Motions, Consolidating Dockets, and service and rate design issues,3 and ask Establishing Hearing and Price to the discretion of the Chief the Commission to institute price Administrative Law Judge. Squeeze Procedures squeeze procedures because of the Our review of Connecticut's filing and inclusion of Millstone Unit 3 annualized Issued: October 24,1985 - the pleadings indicates that the rates Before Commissioners: Raymond J. costs. In addition, Towns allege that the Northeast Utilities Generation and have not been shown to be just and O’Connor, Chairman; A. G. Sousa and reasonable and may be unjust, Charles G. Stalon. Transmission (NUG&T) Agreement may be unreasonable once Millstone Unit 3 unreasonable, unduly discriminatory or On August 30,1985, the Connecticut costs are included in rate base and they preferential! or otherwise unlawful. Light & Power Company (Connecticut) request that the reasonableness of that Accordingly, we shall accept the rates tendered for filing a two-phase increase Agreement be investigated during the for filing and suspend them as ordered in its FERC Electric Tariff Resale hearing. Finally the Towns request that below. Service Rate W -2 (proposed W -3 rate). the Commission not initiate expedited In West Texas Utilities Company, 18 Connecticut provides partial hearing procedures in this case. FERC 61,189 (1982), we explained that requirements service pursuant to this On September 27,1985, Bozrah filed where our preliminary examination tariff to the Second and Third Taxing an un timely motion to intervene. That indicates that proposed rates may be Districts of the City of Norwalk and the customer raised no specific substantive unjust and unreasonable, but may not be Town of Wallingford, Connecticut issues. substantially excessive, as defined in (towns). Connecticut also filed a On October 4,1985, Connecticut filed West Texas, we would generally impose phased increase in its FERC Electric a timely answer to the Towns’ pleading. à maximum suspension. Here, our Tariff Resale Service Rate F-2 under While not opposing the motions to examination suggests that the Phase which it provides full requirements intervene, the utility denies that a five Ohe rates may yield substantially service to Bozrah Light and Power month suspension or a deficiency letter excessive revenues. Therefore, we shall Company (Bozrah) (proposed F-3 rate).1 is required or that price squeeze suspend those rates for five months to The Phase One rates combined would procedures are warranted. become effective, subject to refund, on increase revenues by approximately Discussion March 30,1988. Our preliminary $638,000 (2%) based on the Calendar 1986 examination also indicates that the test period. The Phase Two rates would Under Rule 214 of the Commission’s Phase Two rates may be substantially increase total revenues by Rules of Practice and Procedure (18 CFR excessive. Accordingly, we shall approximately $13.7 million (47.2%). 385.214), the timely interventions serve suspend the Phase Two rates to become Connecticut requests effective dates to make the CDPUC and the Towns effective subject to refund on the later of of October 30 and 31,1985, for the Phase parties to this proceeding. Given its March 31,1986, or as requested, the in- One and Two rates. However, inasmuch interests, the éarly stage of this service date of Millstone Unit 3. as the Phase Two rates reflect a full proceeding, and the absence of any One of the issues raised by the Towns year’s operation of the new Millstone undue delay or prejudice, we find that No. 3 generating unit, Connecticut good cause exists to grant Bozrah’s concerns the allowance for decommissioning costs of Millstone Unit agrees to a suspension until thé later of untimely motion intervene. five months beyond October 31,1985, or Notwithstanding the Towns’ challenge 3. Similar costs have also been included the date of commercial operation of tó the sufficiency of the cost support by Holyoke Water Power Company and Millstone Unit 3. If the Phase Two rates supplied by Connecticut, we find thàt Holyoke Power and Electric Company in are not Suspended or are suspended for rates filed in Docket No. ER85-689-GOO, and by Western Massachusetts Electric one day, Connecticut requests that the sThe Towns dispute: (1) The reasonableness of Phase One rates be deemed withdrawn. the requested ra te of return; (2) the use o f a 254 day Company in rates filed in Docket No. Notice of Connecticut’s filing was CP demand allocation methodology; (3) the claimed ER85-707-000. We find that common published in the Federal Register,2 with cash working capital allowance; (4) the amount and questions of law and fact may also be allocation of operation and maintenance expenses; presented in this docket. As a result, we comments due on or before September (5) the projected purchased power expense; (6) 23,1985. On September 23, the State of amortization of alleged tax deficiencies;'(7) shall phase the decommissioning cost Connecticut Department of Public Utility amortization of cancelled plant costs of Seabrook issue, and shall consolidate the phased Control (CDPUC) filed an intervention Unit No. 2; (8) decommissioning expenses of proceedings, as ordered below. Millstone Units Nos. 1, 2, and 3; (9) adjustments which raised no substantive issues. On made to spent nuclear fuel costs for the three In accordance with the Commission’s the same date, the Towns filed a motion Millstone Units; and (10) the prudence of policy and practice established in to intervene which included several constructing Millstone Unit 3. The Towns, also raise Arkansas Power and Light Company, 8 questions regarding (1) whether NEPOOL/NEPEX FERC 1 81,131 (1979), we shall also savings are properly reflected in the cost of service, 1 See Attachment for rate schedule designations. and (2) the propriety of Connecticut's method of phase the price squeeze issues raised by 250FR 37402 (1985). annualizing Millstone costs. the Towns. 45854 Federal Register / Voi. 50, No, 213 / Monday, November 4, 1985 / Notices

The Towns further request that we (C) The motion to strike testimony is Unit 3 are hereby phased, as discussed institute an investigation pursuant to hereby denied without prejudice, as in the body of this order. sections 206 and 306 of the Federal discussed on the body of this order. (J) Docket No. ER85-720-001 is hereby Power Act into the justness and (D) Connecticut’s proposed Phase One consolidated with Docket Nos. ER85- reasonableness of the rates charged to rates are hereby accepted for filing and 689-001 and ER85-707-001, for purposes Connecticut as a result of the NUG&T are suspended for five months to of hearing and decision of the Millstone Agreement. The NUG&T Agreement become effective, subject to refund, on decommissioning cost issues. provides for sharing of costs among the March 30,1986. Connecticut’s proposed operating utilities of Northeast Utilities Phase Two rates are hereby accepted (K) The Chief Administrative Judge Inc., a public utility holding company of for filing, and are suspended, to become . shall designate one or more which Connecticut is a wholly-owned effective, subject to refund, on the later administrative law judges to preside subsidiary. We do not find that such an of March 31,1986, or the commercial over the separate and consolidated investigation has been shown to be operations date of Millstone Unit 3. aspects of these dockets. The presiding warranted at this time. While the (E) Connecticut shall notify the judge(s) is authorized to establish intervenors allege that the NUG&T Commission within 10 days of the date procedural dates and to rule on all Agreement passes on unjust and of commercial operation of Millstone motions (except motions to dismiss) as unreasonable costs, they have not Unit 3. provided in the Commission’s Rule of supported their allegations in any detail. (F) Pursuant to authority contained in Practice and Procedure. Further we do not believe that the and subject to the jurisdiction conferred (L) The Commission hereby orders matter is properly pursued in the present upon the Federal Energy Regulatory initiation of price squeeze procedures docket, which concerns Connecticut’s Commission by section 402(a) of the and further orders that this proceeding rates to its wholesale customers. An Department of Energy Organization Act be phased so that the price squeeze investigation of the NUG&T Agreement and by the Federal Power Act, procedures begin after issuance of a is a complex undertaking which should particularly sections 205 and 206 of Commission opinion establishing the be pursued, if at all, in a separate thereof, and pursuant to the rate which, but for consideration of proceeding. We shall therefore deny the Commission’s Rules of Practice and price squeeze, would be just and intervenors’ request for an investigation; Procedure and the regulations under the reasonable. The presiding judge may our denial, however, is without Federal Power Act (18 CFR Chapter I), a modify this schedule for good cause. Thfe prejudice to their filing a complaint public hearing shall be held concerning price squeeze portion of this case shall pursuant to section 306 of the Federal the justness and reasonableness of Power Act. Connecticut’s rates. be governed by the procedures set forth in § 2.17 of the Commission’s regulations The Commission orders (G) The Commission staff shall serve top sheets in this proceeding within 10 as they may be modified prior to the (A) The motion for issuance of a days of the date of the order issued initiation of price squeeze phase of this deficiency letter is hereby denied. herein. proceeding. (B) The motion to institute an (H) Subdocket -000 in Docket No. (M) The Secretary shall promptly investigation into the justness and ER85-720-000 is hereby terminated. The publish this order in the Federal reasonableness of the Northeast Utilities evidentiary proceedings ordered herein Register. Generation and Transmission shall be assigned Docket No. ER85-720- By the Commission. Agreement is hereby denied without 001. Kenneth F. Plumb, prejudice, as discussed in the body of (I) The issues concerning this order. decommissioning costs for Millstone Secretary.

C o n n ec ticu t Ligh t & Po w e r Co ., Do c k e t No . ER85-720-000, R a t e S c h e d u l e Designations

Designation Description

Under F PC Electric Tariff 1st Revised Volume No. 1

(1) Fifth Revised Sheet No. 9 (Supersedes Third Revised Sheet No. 9)...... Terms and Conditions tor Rate W-3. (2) Eighth Revised Sheet No. 10 (Supersedes Fifth Revised Sheet No. 10)...... W-3 Monthly Payments. (3) Ninth Revised Sheet No. 10 (Supersedes Eighth Revised Sheet No. 10)...... W-3 Monthly Payments (additional revi­ sion for Phase II). (4) Sixth Revised Sheet No. 11 (Supersedes Fifth Revised Sheet No. 11)...... W-3 Monthly Payments. (5) Seventh Revised Sheet No. 11 (Supersedes Sixth Revised Sheet No. 11)...... Da (6) Fourth Revised Sheet No. 11A (Supersedes Third Revised Sheet No. 11)...... W-3 Monthly Payments (additional revi­ sion for Phase II). (7) Fifth Revised Sheet No. 12 (Supersedes Fourth Revised Sheet No. 12)...... W-3 Monthly Payments. (8) Fifth Revised Sheet No. 13 (Supersedes Third Revised Sheet No. 13)...... Do. (9) Service Agreement No. 12 (Sheets Nos. 6 and 7) (Supersedes Service Agreement No. 8)...... Specification Sheet for Norwalk—2nd Tax District (10) Service Agreement No. 13 (Sheets Nos. 6 and 7) (Supersedes Service Agreement No. 9)...... Specification Sheet for Norwalk—3rd Tax District (11) Service Agreement No. 14 (Sheets Nos. 6 and 7) (Supersedes Service Agreement No. 10)______Specification Sheet for Wallingford. Under FPC Electric Tariff, Original Volume No.2

(1) Second Revised Sheet No. 1 (Supersedes First Revised Sheet No. 1) ...... Service Agreement Title Page for F-3 Rate. (2) First Revised Sheet No. 5 (Supersedes Original Sheet No. 5)______Terms for F-3 Rate. (3) Second Revised Sheet No. 10 (Supersedes First Revised Sheet No. 10)...... (4) Third Revised Sheet No. 10 (Supersedes Second Revised Sheet No. 10)______.. Da (5) First Revised Sheet No. 11 (Supersedes Original Sheet No. 11).„„...... Do. (6) Second Revised Sheet No. 11 (Supersedes Original Sheet No. 11)...... Do. (7) First Revised Sheet No. 12 (Supersedes Original Sheet No. 12)...... Do. (8) Service Agreement No. 2 (Supersedes Service Agreement No. 1)...... „...... Service Agreement for Bozrah. Specification Sheet for Bozrah.

[FR Doc. 85-26232 Filed 11-1-85; 8:45 am] BILLING CODE 6717-01-M Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Notices? 45855

[Docket No. ER85-724-000] Rules of Practice and Procedure,4 the Federal Power Act, particularly sections timely motion to intervene makes PSNH 205 and 206 thereof, and pursuant to the New England Power Co.; Order a party to this proceeding. Commission’s Rules of Practice and Accepting for Filing and Suspending Procedure and the regulations under the Our preliminary examination of NEP’s Rates, Noting Intervention, » i d Federal Power Act (18 CFR Chapter I), a Establishing Hearing Procedures filing and the pleadings indicates that public hearing shall be held concerning the rates have not shown to be just and Issued: October 30,1985. the justness and reasonableness of reasonable and may be unjust, Before Commissiones: Raymond }. NEP’s rates. unreasonable, unduly discriminatory or O’Connor, Chairman; A. G. Sousa and (C) The Commission staff shall serve Charles G. Stalon. preferential, or otherwise unlawful. Accordingly, we shall accept the rates of top sheets in this proceeding within ten On August 30,1985, New England filing and suspend them as ordered (10) days of the date of this order. Power Company (NEP) tendered for filing revised rates for its unit sales below. (D) A presiding administrative law contract with Public Service Company In West Texas Utilities Company, 18 judge, to b6 designated by the Chief of New Hampshire (PSNH) that would FERC i 61,189 (1982), we explained that Administrative Law Judge, shall result in increased revenues of where our preliminary examination convene a conference in this proceeding approximately $1 million (2%) over the indicates that proposed rates may be to be held within approximately fifteen twelve month period ending October 31, unjust and unreasonable, but may not be (15) days after service of top sheets in a 1986. Under the contract, NEP sells substantially excessive as defined in hearing room of the Federal Energy capacity and related energy to PSNH West Texas, we would generally impose Regulatory Commission, 825 North from NEP’s Brayton Point Unit No. 4 and a nominal suspension. Here, our Capitol Street, NE., Washington, DC from NEP’s entitlement in the Wyman examination suggests that NEP’s rates 20426. Such conference shall be held for Unit No. 4. NEP requests an effective may not yield substantially excessive purposes of establishing a procedural date of November 1,1985, the date revenues. Therefore, we shall suspend schedule. The presiding judge is specified in the contract for annual the rates for one day, to become authorized to establish procedural dates revisions. effective on November 2,1985, subject to and to rule on all motions (except Notice of NEP’s filing was published refund. motions to dismiss) as provided in the in the Federal Register,1 with comments Commission's Rules of Practice and due on or before September 23,1985. The Commission orders Procedure. PSNH filed a timely motion to intervene (E) Subdocket No. -000 in Docket No. and protest in which it requested that (A) NEP’s proposed rates are hereby ER85-724-000 is hereby terminated. The the rates be suspended for four months 2 accepted for filing and are suspended evidentiary hearing established herein is and set for hearing. It raised a variety of for one day, to become effective, subject assigned Docket No. ER85-724-001. cost of service issues.3 to refund, on November 2,1985. (F) The Secretary shall promptly On October 7,1985, NEP filed a timely (B) Pursuant to the authority publish this order in the Federal answer. While not opposing PSNH’s contained in and subject to the Register. motion to intervene, NEP denies that a jurisdiction conferred upon the Federal four month suspension is warranted. Energy Regulatory Commission by By the Commission. Discussion section 402(a) of the Department of Kenneth F. Plumb, Under Rule 214 of the Commission’s Energy Organization Act and by the Secretary.

Ne w E ngland P o w e r Co ., Do c k e t No . ER85-724-000, R a t e S c h e d u l e Designations

Designation Description

Capacity Charges for Brayton Point Unit No. 4. Capacity Charge for Wyman Unit No. 4.

[FR Doc. 85-26233 Filed 11-1-85; 8:45 am] BILLING CODE 6717-01-M

150 FR 37577 (September 16,1985). proposed rate changes should be based on a improperly allocated to Brayton Unit No. 4; (3) the use of an end-of-year capital structure; and (4) other 2 PSNH does not explain the significance of the thirteen month average of plant balances; (2) unspecified items which allegedly are improperly four-month suspension period which it seeks. whether operating and maintenance expenses calculated or allocated. 3 The issues raised include: (1) Whether the associated with other Brayton units were 418 CFR 385.214(c)(1). 45856 Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Notices

[Docket No. ER85-725-000] comments due on or before September a nominal suspension. Here, our 23,1985. The Public Service Commission examination suggests that the proposed Northern States Power Co.— of Wisconsin filed a timely notice of rates may not yield substantially Wisconsin; Order Accepting for Filing intervention, but raised no substantive excessive revenues. However, the and Suspending Rates, Noting issues. A timely motion to intervene was company has requested that we Interventions, Granting Waiver of filed by the Cities and Villages of implement the provisions of its Notice Requirements, and Establishing Bangor, Barron, Bloomer, and Medford, settlement agreement in Docket No. Hearing and Price Squeeze Wisconsin, and the Wisconsin Public ER85-398-000, by fixing the effective Procedures Power Incorporated System for its date of the proposed rates as January 1, delivery points at the Cities of Black 1986. Consistent with that request, we Issued: October 29,1985. River Falls, New Richmond, River Falls, shall suspend the proposed rates until Before Commissioners: Raymond J. Westby, and Whitehall, Wisconsin January 1,1986, subject to refund. O'Connor, Chairman; A.G. Sousa and Charles (Municipals). The Municipals request a As noted, NSPW requests waiver of G. Stalon. hearing and a five month suspension. the notice requirements to permit the They raise several cost of service issues assignment of LSDP’s contracts with the On August 30,1985, Northern States in support of their requests.4 They Power Company—Wisconsin (NSPW, or Cities of Wakefield, Michigan, and further claim, without elaborating, that Medford, Wisconsin and with North the company) tendered for filing a NSPW’s proposal to bring Medford proposed increase in its firm power Central to become effective on under its proposed rate schedule, by September 25,1985, the first meter rates to fifteen full requirements means of an assignment of LSDP’s municipal customers and to North reading date after September 1,1985. contract with Medford and unilateral The proposed effective date is Central Power Company, Inc. (North changes in the contract by NSPW, may consistent with the executed contracts, Central).1 The proposed rates would be illegal, discriminatory and unjust and and no party opposes waiver with produce increased revenues of unreasonable as a method of modifying respect to the contract assignments. approximately $588,000 (3.0%) for the the rates to be charged to Medford. The Therefore, we find that good cause calendar year 1986 test period. The Municipals also allege a possible price exists to grant waiver of the notice company requested an effective date of squeeze. requirements October 30,1985, for the proposed rates. On October 3,1985, the company filed In accordance with the Commission’s However, NSPW requested that in the a timely response to the Municipals’ policy and practice established in event the Commission were to accept a pleading. While not opposing the Arkansas Power and Light Company, 8 settlement agreement in its prior rate Municipals’ motion to intervene, the FERC U 61,131 (1979), we shall phase the case, Docket No. ER85-398-000, the company denies that a five month suspension is warranted. NSPW price squeeze issue raised by the proposed rate increase be suspended Municipals. until January 1,1986, in accordance with opposes each of the Municipals’ a moratorium provision in that objections and states that a minimum The Commission orders settlement agreement.2 suspension period should be imposed. North Central and two of the Discussion (A) NSPW’s request for waiver of the municipal customers, the Cities of Under Rule 214 of the Commission’s notice requirements is hereby granted. Wakefield, Michigan and Medford, Rules of Practice and Procedure (18 CFR The assignment of LSDP contracts shall Wisconsin, are presently served under 385.214), the timely notice and motion to become effective on September 25,1985. wholesale service agreements with intervene serve to make the Public (B) NSPW’s proposed rates and its NSPW’s affiliate, Lake Superior District Service Commission of Wisconsin and amendments to the assigned contracts Power Company (LSDP). LSDP has the Municipals parties to this are hereby accepted for filing and assigned these agreements to NSPW in proceeding. suspended to become effective on anticipation of certain changes in Our preliminary review of the January 1,1986, subject to refund. corporate structure whereby LSDP will company’s filing indicates that the rates (C) Pursuant to the authority serve only Michigan retail customers. have not been shown to be just and contained in and subject to the NSPW requests waiver of the notice reasonable and may be unjust, jurisdiction conferred upon the Federal requirements to permit the assignments unreasonable, unduly discriminatory or Energy Regulatory Commission by to become effective as of September 25, preferential, or otherwise unlawful. section 402(a) of the Department of 1985, the first meter reading date after Accordingly, we shall accept the rates Energy Organization Act and by the September 1,1985. In addition, NSPW for filing and suspend them as ordered Federal Power Act, particularly sections has tendered for filing amendments to below. 205 and 206 thereof, and pursuant to the the assigned contracts to incorporate the In West Texas Utilities Company, 18 Commission’s Rules of Practice and present rate increase and certain minor FERC f 61,189 (1982), we explained that Procedure and the regulations under the changes in terms and conditions. where our preliminary examination Federal Power Act (18 CFR Chapter I), a Pending implementation of the proposed indicates that proposed rates may be public hearing shall be held concerning rate increase, NSPW would continue unjust and unreasonable, but may not be the justness and reasonableness of serving these customers at LSDP’s substantially excessive, as defined in NSPW’s rates. present rates. West Texas, we would generally impose (D) The Commission staff shall serve Notice of the company’s filing was top sheets in this proceeding within ten published in the Federal Register,3 with 4 The issues raised involve: (1) Test year (10) days of the date of this order. wholesale billing'demands; (2) projections for test (Ej A presiding administrative law year hydro O&M expense; (3) stated income tax 1 S ee Attachment for rate schedule designations. judge, to be designated by the Chief expense; (4) estimated fuel costs in the fuel Administrative Law Judge, shall 2 The settlement was approved by letter order adjustment clause; (5) the level of a high voltage dated September 27,1985. adjustment; and (6) the sale of NSPW generating convene a conference in this proceeding 3 50 FR 38026 (1985). plants to LSDP. to be held within approximately fifteen Federal Register / Voi. 50, No. 213 / Monday, November 4, 1985 / Notices 45857

(15) days after the service of top sheets and further orders that this proceeding initiation of the price squeeze phase of in a hearing room of the Federal Energy be phased so that the price squeeze this proceeding. Regulatory Commission, 825 North procedures begin after issuance of a (G) Subdocket -000 in Docket No. Capitol Street, NE., Washington, DC Commission opinion establishing the ER85-725 is hereby terminated. Docket 20426. The presiding judge is authorized rate which, but for consideration of No. ER85-725-00i is assigned to the to establish procedural dates and to rule price squeeze, would be just and evidentiary proceeding ordered herein. on all motions {except motions to reasonable. The presiding judge may (H) The Secretary shall promptly dismiss), as provided in the modify this schedule for good cause. The publish this order in the Federal Commission’s Rules of Practice and price squeeze portion of this case shall Register. Procedure. be governed by the procedures set forth By the Commission. (F) The Commission hereby orders in § 2.17 of the Commission’s regulations Kenneth F. Plumb, initiation of price squeeze procedures as they may be modified prior to the Secretary.

No r t h e r n S t a t e s P o w e r Co .—W ìsc o n sjn , Do c k e t No. ER85-725-000, R a te S c h e d u l e Designations

Designation Other party Description

(1) Supplement No. 16 to Rate Schedule FERC No. 52 (Supersedes Supplement No. 15)...... Trempealeau...... Plate W-1 (2) Supplement No. 17 to Rate Schedule FERC No. 55 (Supersedes Supplement No. 16)------'.—1------Westby...... Do. (3) Supplement No. 14 to Rate Schedule FERC No. 56 (Supersedes Supplement No. 13)— ------— Rice Urite...... Do. (4) Supplement No. 13 to Rate Schedule FERC No. 58 (Supersedes Supplement No. 12)...... Bangor...... Do. (5) Supplement No. 13 to Rate Schedule FERC No. 59 (Supersedes Supplement No. 12)------Cornell...... Do. (6) Supplement No. 15 to Rate Schedule FERC No. 60 (Supersedes Supplement No. 14)— ...... ;— New Richmond.... Do. (7) Supplement No. 9 to Rate Schedule FERC No. 61 (Supersedes Supplement No. 8)------Cadott ...... Do. (8) Supplement No. 7 to Rate Schedule FERC No. 62 (Supersedes Supplement No. 6)...... Bloomer...... Do. (9) Supplement No. 10 to Rate Schedule FERC No. 64 (Supersedes Supplement No. 9)...... — — — Spooner...... Do. (10) Supplement No. 16 to Rate Schedule FERC No. 69 (Supersedes Supplement No. 15)— ..— ~------River Falls...... Do. (11) Supplement No. 15 to Rate Schedule FERC No. 70 (Supersedes Supplement No. 14)...... Black River Falls. Do. (12) Supplement No. 8 to Rate Schedule FERC No. 71 (Supersedes Supplement No. 7)----- —— ------Barron...... Rate W-1. (13) Supplement No. 7 to Rate Schedule FERC No. 72 (Supersedes Supplement No. 6)------.------Whitehall...... _•.£ Do. (14) Rate Schedule FERC No. 74 (Redesignates LSDP Rate Schedule FERC No. 27, as supplemented).. Medford...... Contract for Electric Service dated Sept. 1, 1977. (15) Rate Schedule FERC No. 75 (Ftedesignates LSDP Rate Schedule FERC No. 28, as supplemented).. Wakefield.. •Do. (16) Rate Schedule FERC No. 76 (Redesignates LSDP Rate Schedule FERC No: 29, as supplemented).. NCPC...... Contract for Electric Service dated duty 14, 1978. Rate Schedule FERC No. 74 (Redesignation Of Supplement No. 3 to LSDP Rate Medford.... Amendment effective Aug. 1, 1982. Schedule FERC No. 27). (18) Supplement No. 2 to Rate Schedule FERC No. 74 (Redesignation of Supplement No. 4 to LSDP Fiate Medford... Letter dated July 13,1983. Schedule FERC No. 27). (19) Supplement No. 1 to Rate Schedule FERC No. 75 (Redesignation of Supplement No. 3 to LSDP Rate Wakefield. Amendment effectively Aug. 1, 1982. Schedule FERC No. 28). (20) Supplement No. 2 to Rate Schedule FERC No. 75 (Redesignation of Supplement No. 4 to LSDP Rate Wakefield.. Letter dated July 13, 1983. Schedule FERC No. 28). (21) Supplement No. 1 tc Rate Schedule FERC No. 76 (Redesignation of Supplement No. 3 to LSDP Rate NCPC _..... Amendment effective Aug. 1, 1982. Schedule FERC No. 29). (22) Supplement Nò. 2 tc Rate Schedule FERC No. 76 (Redesignation of Supplement No. 4 to LSDP Rate NCPC...... Letter dated July 13,1963. Schedule FERC No. 29). (23) Supplement No. 3 fo Rate Schedule FERC No. 74__.’...... „..I...... ;...... Medford".... "Assignment: - (24) Supplement Not. 3 to Rate Schedule FERC No. 75...... ,...... Wakefield.. - Do: - - - ■ : - • (25) Supplement No. 3 to Rate Schedule FERC No, 76..... ! ^__ NCPC...... ■ Do. . . . (26) Supplement No. 4 to Rate Schedule FERC No. 74 (Supersedes Supplement Noi. 1) . Medford... Amendment. ; (27) Supplement No. 4 tó Rate Schedule FERC Nò. 75 (Supersedes Supplement No. 1). Wakefield. ” Do. ■’ ' • *’ ‘ ‘ ■ ‘ '* (28) Supplement No. 4 to Ratte Schedule FERC No. 76; (Supersedes Supplement No. 1). NCPC _...... Do. , \'D . (29) Supplement No, 5 to.Rate Schedule FERC No. 74 ...... _ ...... Medford ... Rate W-1. (30) Supplement No. 5 to Rate Schedule FERC No. 75 ...... Wakefield.. DO. (31) Supplement No. 5:to Rate Schedule FERC No. 76...... '______^ __ NCPC...... Rate NCP-1. • •

[FR Doc. 85-26234 Filed 11-1-85; 8:45 am] service in West Virginia in addition to immédiate action also is required BILLING CODE 6717-01-M those applicants specified in Perinzoil’s because, by order dated October 21, original application filed on October 25, 1982, the Public Service Commission of 1982. In filing this Twenty-Second West Virginia directed Pennzoil “to [Docket No G-7004-036] Amendment to its original application, show cause, if any it can, why it should Pennzoil incorporates herein and not be found to be in violation of its Pennzoil Co.; Twenty-Second renews each of the requests for duty... to provide adequate gas Amendment to Application for clarification or abandonment service to all applicants . . . and why it Immediate Clarification or authorization set forth in that should not be required to provide Abandonment Authorization application. Service to these applicants service to domestic customers in West October 25,1985. ‘ and existing customers would be Virginia when requests are received for Take notice that on October 23,1985, provided from gas supplies that would same. Pennzoil Company (Pennzoil), P.O; Box otherwise be sold to Consolidated Gas Consolidated has indicated that it has 2967, Houston, Texas 77001, filed in Supply Corporation (Consolidated), an no objection to the requested Docket No. G-7004-036 an application interstate pipeline. authorization. for immediate clarification of Order f' Pennzoil states that immediate action It appears reasonable and consistent dated November 24,1980 in the abovè- is necessary to protect the health, with the public interest in this case to referenced docket or abandonment welfare arid property of the applicants prescribe a period shorter thari normal authorization for as much gas as is and customers in West Virginia who for the filing of protests and petitions to required to allow sales of gas to depend upon Pennzoil for their gas intervene. Therefore, any person fourteen new applicants for residential supply needs. Pennzoil also states that desiring to be heard or to make any 45858 Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Notices protest with reference to said Light was dissolved on October 8,1974.2 DC 20426, and should refer to Project amendment to the original application The dissolution was voluntary. Lincoln No. 662. should on or before, November 4,1985, Service Corporation subsequently sold By direction of the Commision. file with the Federal Energy Regulatory the project to Utah Power and Light Kenneth F. Plumb, Commission, Washington, DC 20426, a Company on January 1,1981. Utah Secretary. petition to intervene or a protest in Power and Light has informed the accordance with the requirements of the Commission that it does not consider [FR Doc. 85-26236 Filed 11-1-85; 8:45 am) Commission’s Rules of Practice and itself to be the licensee for the project. BILLING CODE 6717-01-M Procedure (18 CFR 385.211, 385.214). All By the terms of section 8 of the protests filed with the Commission will Federal Power Act,3 the voluntary sale be considered by it in determining the of a project, such as occurred in this [Docket No. RP85-170-001] case, cannot in itself effect a transfer of appropriate action to be taken but will Texas Eastern Transmission Corp.; the license to the purchaser of the not serve to make the protestants Compliance Filing parties to the proceeding. Any person project. Thus, at the time of its wishing to become a party to the dissolution, Pinedale Power and Light October 29,1985. proceeding or to participate as a party in held the license for the Pinedale Project. Take notice that on October 16,1985, any hearing therein must file a petition However, by its actions Pinedale Power Texas Eastern Transmission to intervene in accordance with the and Light has demonstrated an intent to Corporation (TETCO) tendered for filing Commission’s Rules. Any person surrender the license. First, Pinedale a response to comments filed by • previously granted intervention in Power and Light abandoned operation National Gas and Oil Corporation of the project at least 15 years ago in connection with Pennzoil’s original concerning TETCO’s direct billing contravention of the terms of its license. application in Docket No. G-7004-006 allocation of retroactive production- Next, the licensee abandoned all need not seek intervention herein. Each related costs. TETCO’s filing is in interest in the project by selling it, also such person will be treated as having purported compliance with the Federal in contravention of the terms of its also intervened in Docket No. G-7004- Energy Regulatory Commission Order license. Finally, by dissolving itself, 036. that was issued September 30,1985, in Pinedale Power and Light has Under the procedure herein provided Docket No. RP85-170-000. for, unless otherwise advised, it will be surrendered any ability to carry out the terms and conditions of the license and Any person desiring to be heard or to unnecessary for Applicant to appear or protest said filing should file a motion to to be represented at the hearing. the responsibilities of a licensee under the Federal Power Act. Accordingly, intervene or a protest with the Federal Kenneth F. Plumb, pursuant to the terms of section 6 of the Energy Regulatory Commission, 825 Secretary. Federal Power Act,4 the Commission North Capitol Street, NE., Washington, [FR Doc. 85-26116 Filed 11-1-85; 8:45 am] hereby gives 30 days’ public notice that DC 20426, in accordance with Rules 211 BILUNG CODE 6717-01-M it proposes to find that under these and 214 of the Commission’s Rules of circumstances Pinedale Power and Light Practice and Procedure (18 CFR 385.211, has surrendered the license for the 385.214). All such motions or protests [Project No. 662-000] Pinedale Project. The Commission should be filed on or before November 5, proposes to accept the surrender. 1985. Protests will be considered by the Pinedale Power and Light Co.; Any person may submit comments, a Commission in determining the Proposed Acceptance of Surrender of protest in accordance with Rule 211 of appropriate action to be taken, but will License the Commission’s Rules of Practice and not serve to make protestants parties to the proceeding. Any person wishing to October 29,1985. Procedure,8 or a motion to intervene in become a party must file a motion to Before its dissolution, Pinedale Power accordance with Rule 214.® In determining what action is appropriate, intervene. Copies of this filing are on file and Light Company was the licensee for with the Commision and are available the Pinedale Project, a hydroelectric the Commission wil consider all comments, protests, and motions to for public inspection. project located on Pine Creek in Sublette Kenneth F. Plumb, County, Wyoming. The licensee was intervene timely filed, but only those who file a motion to intervene may Secretary. voluntarily dissolved on October 8,1974. [FR Doc. 85-26235 Filed 11-1-85; 8:45 am] The Commission hereby gives notice become parties to the proceeding. Any comments, protests, or motions to BILLING CODE 6717-01-M that it proposes to accept surrender of the license for the Pinedale Project. The intervene must be received by the Commission proposes to find that Commission's Secretary within 30 days [Docket No. ER85-658-000] Pinedale Power and Light Company of the date of publication of this Notice surrendered the license. in the Federal Register. Such filings should be sent to the Secretary, Federal Wisconsin River Power Co.; Amended On August 27,1943, the present Energy Regulatory Commission, 825 Filing license for the Pinedale Project was North Capitol Street, NE., Washington, issued to Pinedale Power and Light for a October 30.1985. 50-year term beginning February 12, Take notice that on October 18,1985, 1942.1 It appears that power generation 2Letter from Thyra Thomson, Secretary of State Wisconsin River Power Company of Wyoming, to Enforcement Section, FERC (Feb. 19, at the project ceased some time between 1985). (WRPCo.) submitted for filing materials 1963 and 1970. On July 1,1974, Pinedale 516 U.S.C. 801 (1982). Section 8 provides, in to supplement the rate schedule and Power and Light sold the project to pertinent part, “(t]hat no voluntary transfer of any supporting information previously filed Lincoln Service Corporation. After the license, or of the rights thereunder granted, shall be in this docket number: made without the written approval of the sale of the project, Pinedale Power and commission." 1. Amended and Restated Power 416 U.S.C. 799 (1982). Purchase Agreement, Dated as of 1 Pinedale Power & Light Co.. Project No. 662 518 CFR 385.211 (1985). September 1,1985. This document is (F.P.C. Aug. 27.1943). *18 CFR 385.214 (1985). intended to replace the Power Purchase Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Notices 45859

Agreement among Wisconsin River on file with the Commission and are point in Summerfield Township, Clare Power Company (WRPCo.) and its three available for public inspection. County, Michigaq, where Mich Con owner/customers which was originally Kenneth F. Plumb, would build facilities that would filed in this proceeding. Secretary. interrcorinect with the facilities of Great 2. Revised Schedule 5-2, Together [FR Doc. 85-26225 Filed 11-1-85; 8:45 am] Lakes, to an existing point of With Supporting Schedules 5-2-1 BILLING CODE 6717-01-M interconnection between the facilities of Through 5-2-5. In the original filing, the Great Lakes and Mich Con, at Belle River Mills, Michigan. It is explained income tax calculations used in [Docket Nos. CP85-871-000 et al.J computing cost of service data for 1985 that Mich Con and Great Lakes have agreed that this transportation service improperly depicted a reduction in cost Natural Gas Certificate Filings; K N would be provided for a primary term of of service attributable to federal Energy, Inc.et al. ten years, subject to renewal on a year- investment tax credits. WRPCo. is to-year basis. subject to the general rule set forth in October 24,1985. section 46(f)(1) of the Internal Revenue Take notice that the following filings Great Lakes states that the gas to be transported would be purchased by Code of 1954, as amended, which does have been made with the Commission: Mich Con from various producers, and not accommodate such a reduction in 1. K N Energy, Inc. would be used as part of its general cost of service. Consistent with section [Docket No. CP85-871-000] system supply. The parties have agreed 46(f)(1), WRPCo.’s calculation of Net Take notice that on September 11, upon an initial rate of 7.879 cents per Investment (rate base) reflects a 1985, K N Energy, Inc. (K N), P.O. Box Mcf for this service. reduction attributable to investment tax 15265, Lakewood, Colorado 80215, filed Great Lakes proposes to build, own, credits which is restored ratably. in Docket No. CP85-871-000 a request and operate a meter station at Recomputation of income taxes pursuant to § 157.205 of the regulations, Summerfield Township, Clare County, allocable to this rate for the 1985 test under the Natural Gas Act (18 CFR Michigan, to implement this service. The year resulted in revisions to Schedule 5- 157.205) for authorization to construct total cost of the meter station is 2 of the original filing. The result is an and operate two residential sales taps estimated at $132,700 which cost would increase in 1985 test year revenues of and appurtenant facilities under the be reimbursed by Mich Con. $7897 above that which was shown on certificate issued in Docket No. CP83- Comment date: November 14,1985, in Schedule 5-2 of the original filing. 140, et al., pursuant to section 7 of the accordance with Standard Paragraph F Amended Schedule 5-2 and the attached Natural Gas Act, all as more fully set at the end of this notice. supporting Schedules thereto reflect the forth in the request on file with the proper method of allocating income Commission and open to public 3. Northern Natural Gas Company taxes to the cost of service under this inspection. Division of InterNorth, Inc. rate; in addition, Schedules 5-2-1 Specifically, K N proposes to [Docket No. CP86-6-000] contain supplemental information construct a residential sales tap in Holt Take notice that on October 2,1985, showing the derivation of book income County, Nebraska, and another Northern Natural Gas Company, before taxes, which has been omitted residential sales tap in Wayne County, . Division of InterNorth, Inc. (Applicant), from the original filing. Nebraska. The peak day deliveries of 2223 Dodge Streets Omaha, Nebraska 3. Test Year Computation of Annual each tap would be 2, Mcf of natural gas. Comment date: December 9,1985, in 68102, filed in Docket No, CP86-6-000 an Rates & Charges. In the format accordance with Standard Paragraph G application pursuant to section 7(b) of prescribed in Attachment 1 of the at the end of this notice. the Natural Gas Act for permission and enclosed Power Purchase Agreement, approval to abandon and remove one WRPCo. has calculated the estimated 2. Great Lakes Gas Transmission 1,250 horsepower compressor unit total rates and charges which would be Company known as the Egan compressor station , payable by its customers for the [Docket No. CP86-12-000] and related facilities located in Acadia calendar year 1985, if the new rate Take notice that on October 4,1985, Parish, Louisiana, all as more fully set schedule had been in effect throughout Great Lakes Gas Transmission forth in the application which is on file that year. Company (Great Lakes), 2100 Buhl with the Commission and open to public Any person desiring to be heard or to Building, Detroit, Michigan 48226, filed inspection. protest said filing should file a motion to in Docket No. CP86-12-000 an Applicant states it has suspended intervene or protest with the Federal application pursuant to section 7(c) of operation of the Egan Compressor Energy Regulatory Commission, 825 the Natural Gas Act for a certificate of Station and related facilities and does North Capitol Street, NE., Washington, public convenience and necessity not anticipate a future need for their use. DC 20426, in accordance with Rules 211 authorizing Great Lakes to provide Applicant states the subject facilities and 214 of the Commission’s Rules of interruptible transportation service for served to connect the pipeline facilities Practice and Procedure (18 CFR 385.211, Michigan Consolidated Gas Company of Columbia Gulf Transmission 385.214). All such motions or protests (Mich Con) between two points in Company and Trunkline Gas Company to effectuate the redelivery of should be filed on or before November 5, Michigan and to construct and operate Applicant’s Gulf Coast reserves for 1985. Protests will be Considered by the meter facilities necessary to provide further transportation. Applicant states Commission in determining the such service, all as more fully set forth In the application which is on file with a gas exchange agreement dated appropriate action to be taken, but will the Commission and open to public February 14, T979, between Applicant not serve to make protestants parties to inspection. and United Gas Pipe Line Company the proceeding. Any person wishing to Great Lakes states that Mich Con has (United), eliminates the need for the become a party must file a motion to requested Great Lakes to provide Egan Compressor station and related intervene. Copies of this application are transportation, on an interruptible basis, facilities since the offshore gas which of up to 400 Mcf of gas per day from a was once transported to Egan is now 45860 Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Notices

exchanged for United’s Canadian received at the terminus of its CTGS and with the Commission and open to public volumes. 12.4 cents per dt equivalent for the inspection. Applicant states the subject transportation of quantities received at Williston Basin proposes to transport compressor unit would be removed and Block A-47. Applicant would also retain, up to 8,000 Mcf of natural gas per month utilized elsewhere on Applicant’s inititally, 6 percent of all quanitities which is owned and/or produced by system or sold to a potential buyer. received for transportation to EES on behalf of Hebron as the end-user Applicant states the estimated cost to compensate for compressor fuel and pursuant to a gas transportation remove the facilities is $125,000 and the line-loss make up and, in the case of agreement dated August 1,1985, having estimated salvage value of the facilities Block A-47 receipts, would retain fuel a term of two years from the date of is $95,000. gas for dehydration at the CTGS initial deliveries. Williston Basin states Comment date: November 14,1985, in Markham plant in Matagorda County, that the natural gas would be received accordance with Standard Paragraph F Texas, based on Southern’s proportional into its transmission system at the at the end of this notice. share of all fuel gas used in dehydration Boxcar Butte plant in McKenzie County, there. 4. Transcontinental Gas Pipe Line North Dakota, and the Temple plant in Corporation Comment date: November 14,1985, in Williams County, North Dakota, and accordance with Standard Paragraph F redelivered for use as fuel at Hebron's [Docket No. CP86-7-Q00] at the end of this notice. brick manufacturing facilities located in Take notice that on October 2,1985, 5. United Gas Pipe Line Company Morton County, North Dakota. Transcontinental Gas Pipe Line Williston Basin states that the initial Corporation (Applicant), P.O. Box 1396, [Docket No. CP86-41-000] charge for transportation of the natural Houston, Texas 77251, filed in Docket Take notice that on October 15,1985, gas for EES would be under its Service No. CP86-7-000 an application pursuant United Gas Pipe Line Company Class I, Rate Option B of Williston to section 7 of the Natural Gas Act for a (Applicant), P.O, Box 1478, Houston, Basin’s Rate Schedule T—4 which was certificate of public convenience and . Texas 77001, filed in Docket No. CP86- authorized, subject to refund, for necessity authorizing a transportation 41-000 an application pursuant to Williston Basin's parent company, service for Southern Natural Gas section 7(b) of the Natural Gas Act for Montana-Dakota Utilities Co. in Docket Company (Southern), all as more fully permission and approval to abandon the No. RP-84—93-000, 28 FERC | 61,060. set forth in the application which is on transportation and delivery of industrial Williston Basin states that the rate it file with the Commission and open to sales gas to Warren Petroleum would charge EES for the transportation public inspection. Company, a Division of Chevron U.S.A. service is 17.674 cents per Mcf with all Applicant proposes to transport on an Inc. (Warren), all as more fully set forth fuel and losses provided by EES. interruptible basis for Southern up to the in the application on file with the Comment date: November 14,1985, in thermal equivalent of 10,000 Mcf xrf Commission and open to public accordance with Standard Paragraph F natural gas per day, pursuant to a inspection. at the end of this notice. transportation agreement dated July 1, Applicant states that it is authorized 1985. Applicant states that Southern to transport and deliver industrial sales Standard Paragraphs would purchase such gas from Elf gas to Warren near Overton in Rusk F. Any person desiring to be heard or Aquitaine, Inc., successor to Texas Gulf, County, Texas, pursuant to make any protest with reference to said Inc., in Brazos area, South Addition, authorization in Docket No. C-1S69. It is filing should on or before the comment Block A-47. Applicant states that it indicated that Warren has ceased date file with the Federal Energy would normally receive all such operations at its facilities at this Regulatory Commission, 825 North quantities at the terminus erf its Central location. It is further indicated that Capitol Street, NE., Washington, DC Texas Gathering System (CTGS) near its Applicant and Warren have agreed to 20426, a motion to intervene or a protest compressor station No. 30 in Wharton cancel the industrial gas sales contract in accordance with the requirements of County, Texas, following transportation dated May 1,1982. Applicant requests the Commission’s Rules of Practice and by Southern through its own capacity in that the proposed abandonment be Procedure (18 CFR 385.211 and 385,214) the looping on such system known as made effective as of November 1,1984. and the Regulations under the Natural Project Central Texas Loop (PCTL). Comment date: November 14,1985, in Gas Act (18 CFR 157.10), All protests However, should be combination of > accordance with Standard Paragraph F filed with the Commission will be Southern’s Block A-47 quantities and at the end of this notice. considered by it in determining the other Southern gas moving through 6. Williston Basin Interstate Pipeline appropriate action to be taken but will PCTL exceed Southern’s capacity, then Company not serve to make the protestants Applicant would receive excess Block parties to the proceeding. Any person A-47 quantities into its CTGS at Block [Docket No. CP85-877-000] wishing to become a party to a A-47, it is explained. Take notice that on September 13, proceeding or to participate as a party in Applicant further states that it would 1985, Williston Basin Interstate Pipeline any hearing therein must file a motion to deliver quantities thermally equivalent Company (Williston Basin), Suite 200, intevene in accordance with the to those received at either of the above 304 East Rosser Avenue, Bismarck, Commission’s Rules. points, less a percentage for gas lost and North Dakota 58501, filed in Docket No. Take further notice that, pursuant to unaccounted for and fuel, to Trunkline CP85-877-000 an application pursuant to the authority contained in and subject to Gas Company (Trunkline) for the section 7(c) of die Natural Gas Act for a jurisdiction conferred upon the Federal account of Southern at the existing certificate of public convenience and Energy Regulatory Commission by interconnection between Applicant and necessity authorizing the transportation sections 7 and 15 of the Natural Gas Act Trunkline near Katy, Waller County, of natural gas for Ecological Engineering and the Commission’s Rules of Practice Texas. Systems, Inc. (EES), on behalf of Hebron and Procedure, a hearing will be held Initially, Applicant states, it would Brick Company (Hebron) through without further notice before the charge 4.3 cents per dt equivalent of gas existing facilities, all as more fully set Commission or its designee on this filing for the transportation of quantities forth in the application which is on file if no motion to intervene is filed within Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Notices 45861 the time required herein, if the Energy Regulatory Commission, 825 Sale 98 for the Central Gulf of Mexico Commission on its own review of the North Capitol Street, NE., Washington, on May 22,1985. Gas produced from the matter finds that a grant of the DC 20426, in accordance with Rules 211 following leases has been determined to certificate is required by the public and 214 of the Commission’s Rules of be gas produced from a new OCS lease convenience and necessity. If a motion Practice and Procedure (18 CFR 385.211, under NGPA Section 102: 385.214). All such motions or protests for leave to intervene is timely filed, or if A. Effective date and expiration date: 7/1/85- the Commission on its own motion should be filed on or Before November 6/30/90 believes that a formal hearing is 5,1985. Protests will be considered by required, further notice of such hearing the Commission in determining the OCS-G will be duly given. appropriate action to be taken, but will 7601, 7607, 7619, 7626, 7629, 7633, 7635, 7651, Under the procedure herein provided not serve to make protestants parties to 7652, 7654, 7655, 7660, 7663, 7727, 7740, 7746, for, unless otherwise advised, it will be the proceeding. Any person wishing to 7748, 7479, 7750, 7754, 7757, 7765, 7771, 7774, unnecessary for the applicant to appear become a party must file a motion to 7798, 7800, 7801, 7802, 7807, 7809, 7810, 7811, or be represented at the hearing. intervene. Copies of this filing are on file 7820, 7822, 7834, 7835, 7836, 7837, 7838, 7840, 7841, 7842, 7843, 7850, 7852, 7853, 7858, 7860, G. Any person or the Commission’s with the Commission and are available 7862, 7863, 7864, 7874, 7875, 7885, 7887, 7888, staff may, within 45 days after the for public inspection. 7889, 7890, 7891, 7893, 7894, 7896, 7897, 7903, issuance of the instant notice by the Kenneth F. Plumb, 7907, 7909, 7911, 7912, 7913, 7917, 7918, 7919, Commission, file pursuant to Rule 214 of Secretary. 7920, 7921, 7922, 7923, 7927, 7950, 7951, 7956, the Commission’s Procedural Rules (18 [FR Doc. 85-26227 Filed 11-1-85; 8:45 am] 7968, 7972, 7981, 7982, 7985, 7986, 7988, 7989, 7990, 7991, 7992, 7993, 7994, 7996, 7997, 7999, CFR 385,214] a motion to intervene or BILLING CODE 6717-01-M notice of intervention and pursuant to 8001, 8002 § 157.205 of the Regulations under the B. Effective date and expiration date: 7/1/85- Natural Gas Act (18 CFR 157.205} a Determination Under the Natural Gas 6/30/85 protest to the request. If no protest is Policy Act for OCS Leases issued on OCS-G filed within the time allowed therefor, or After April 20,1977 the proposed activity shall be deemed to 7914, 7915, 7916, 7924, 7925, 7926, 7938, 7939, be authorized effective the day after the Issued: October 25,1985. 7944, 7945, 7946, 7947, 7948, 7953, 7954, 7955, On September 27,1983, the Federal 7957, 7958, 7959, 7962, 7963, 7969, 7970, 7974, time allowed for filing a protest. If a 7975, 7976, 7977, 7978, 7979, 7980, 7983, 7995, protest is filed and not withdrawn Energy Regulatory Commission (Commission) issued Order No. 336 7998, 8000, 8003, 8004, 8005, 8006, 8007, 8008, within 30 days after the time allowed for 8009, 8010, 8011, 8012, 8013, 8014, 8017, 8018, filing a protest, the instant request shall under Docket Nos. RM83-3 and RM81- 8019, 8020, 8021, 8022, 8023, 8024, 8025, 8026, be treated as an application for 12 (48 FR 44508 September 29,1983). In 8027, 8028, 8029, 8030, 8031, 8032, 8033, 8038 authorization pursuant to section 7 of that order, the Commission amended its regulations relating to filing C. Effective date and expiration date: 8/1/85- the Natural Gas Act. 7/31/90 Kenneth F. Plumb, requirements for well category Secretary. applications under the Natural Gas OCS-G Policy Act of 1978 (NGPA). The [FR Doc. 85-26226 Filed 11-1-85; 8:45 am] 7595, 7596, 7597, 7598, 7599, 7602, 7603, 7808, determination process for natural gas 7609, 7610, 7611, 7612, 7613, 7615, 7616, 7617, BILLING CODE 6717-01-M produced from a new lease, i.e., a lease 7618, 7721, 7625, 7628, 7638, 7639, 7640, 7643, entered into on or after April 20,1977, on 7845, 7646, 7647, 7648, 7653, 7666, 7667, 7672, the Outer Continental Shelf (OCS), and 7678, 7680, 7682, 7688, 7698, 7699, 7700, 7701, Canyon Creek Compression Co.; 7702, 7703, 7710, 7716, 7717, 7718, 7719, 7720, Change in FERC Gas Tariff qualifying as new natural gas under Section 102 of the NGPA, was amended 7721, 7722, 7723, 7725, 7726, 7728, 7729, 7730, 7741, 7742, 7743, 7753, 7755, 7756, 7759, 7760, [Docket No. RP85-8-002] in two respects. First, the Commission 7762, 7764, 7768, 7779, 7780, 7783, 7784, 7785, eliminated the requirement that a October 29,1985. 7786, 7788, 7789, 7803, 7808, 7821, 7823, 7824, determination be made for each well Take notice that on October 23,1985, 7825, 7839, 7844, 7845, 7846, 7854, 7855, 7857, producing gas from a new OCS lease. Canyon Creek Compression Company 7858, 7901, 7928, 7935, 7940, 7941, 7949, 7960, Second, in lieu of filing an application (Canyon) submitted for filing the below 7961, 7964, 7965, 7966, 7967, 7971 7973, 7984 for each well, the Commission now listed tariff sheets to be a part of its D. Effective date and expiration date: 8/1/85- permits the grant of a new OCS lease to FERC Gas Tariff to be effective 7/31/95 constitute the requisite jurisdictional November 1,1985: agency determination that the gas is OCS-G Second Substitute First Revised Sheet No. 4 produced from a new OCS lease. 7929, 7930, 7931, 7932, 7933, 7934, 7938, 7937, Original Sheet No. 128 Under the new procedures, the U.S. 7942, 7943, 7952, 8015, 8016, 8034, 8035, 8036, Original Sheet No. 129 Department of Interior, Minerals 8037 Canyon states that the purpose of this Management Service (MMS), must file E. Effective date and expiration date: 9/1/85- filing is to implement the settlement within 60 days of the grant of the lease a 8/31/90 rates effective pursuant to Canyon’s notice of determination which includes Docket No. RP85-8 Stipulation and the lease number, the area and block OCS-G Agreement approved by the number, and the date on which the OCS 7600, 7605, 7622, 7623, 7624, 7627, 7631, 7632, Commission’s order issued September lease was issued by the Secretary of the 7636, 7637, 7641, 7642, 7644, 7649, 7650, 7656, 18,1985. Interior. This determination is subject to 7657, 7658, 7659, 7661, 7662, 7664, 7665, 7673, A copy of the filing was mailed to Commission review in the same manner 7675, 7677, 7678, 7679. 7681, 7683, 7684, 7685, 7689, 7690, 7691, 7692, 7694, 7695, 7704, 7706, Canyon’s jurisdictional customers and as other jurisdictional agency 7707, 7709, 7711, 7712, 7713, 7731, 7732, 7733, to all parties set out on the official determinations. 7735, 7736, 7737, 7738, 7739, 7744, 7745, 7747, service list at Docket No. RP85-8. On September 20,1985, the 7751, 7752, 7761, 7766, 7767, 7769, 7772, 7773, Any person desiring to be heard or to Commission received notice from MMS, 7775, 7776,' 7777, 7778, 7787, 7790, 7791, 7793, protest said filing should file a motion to Gulf of Mexico OCS Region, that 409 7795, 7797, 7798, 7799, 7804, 7805, 7806, 7812, intervene or a protest with the Federal leases were issued as a result of OCS 7813, 7814, 7815, 7816, 7817, 7818, 7826, 7827, 45862 Federal Register / VdL 5Q, H a 213 / Monday, November 4, 1985 / Notices

7828, 7829, 7831, 7832, 7847, 7848, 784a 7851, On rehearing, Cities request that the and notice requirements of section 205 785%-7861, 7885, 7886, 7868, 786a 7879, 7871, Commission suspend FP&L’s filing for of the Federal Power Act. Therefore, we 7872, 7873, 7876, 7877, 787a 787a 7881, 7882, one day, to become effective subject to again reject the argument that FP&L’s 7883, 7884, 7886, 7892, 7895, 7898, 7899, 7900, refund, and initiate a hearing on the filing involves a formula rate. 7904, 7905, 7906, 7908 7910, 7987 issue of the appropriated return on Cities” contention that o u t evaluation The complete list of OCS leases equity, in support, Cities contend that of FP&L’s rates violates the M obile- submitted by the MMS for this sale, with (1) the Commission’s inclusion of Sierra doctrine is also incorrect. That area and block descriptions, is available transmission fixed costs in its analysis doctrine holds that a rate filing made in for inspection at the Commission’s of the rates is contrary to the service violation of contractual obligations is Division of Public Information, Room contracts and therefore violated the invalid. It does not establish any 1000,825 North Capitol St., Washington, Mobiies-Sierra ‘ doctrine, (2) the order standard by which the Commission must DC. Persons objecting to any of these failed t© provide a reasoned basis for evaluate the Justness and determinations may, in accordance with attributing transmission fixed costs to reasonableness of rate filings. Thus, 18 CFR 275.203 and 275.204, file a protest these interchange services, and (3) die while FP&L tnay be bound to develop a with the Commission within twenty Commission erroneously failed to rate for interchange services by days after this notice is issued by die establish a just and reasonable return reference to certain cost components, Commission. on equity. Absent suspension and the the Commission is not barred, in Kenneth F. Plumb, imposition of a refund obligation, Cities assessing the reasonableness of the Secretary. request that the Commission establish price, from considerating other variables expedited hearing procedures. [FR Doc. 85-26230 Filed 11-1-85; 8:45 amj pertinent to the services at issue. Seminole also renews its initial BILLING CODE 6717-01-M With respect to the allegations that requests for (1) a one day suspension the Commission improperly ””31100816(1” and refund obligation, (2) consolidation transmission fixed costs to the Service of this proceeding with die proceeding in [Docket Nos. ER85-515-004 and ER85-515- Schedule B rates and failed to 005J Docket No. ER85-380-O0Q (concerning adequately quantify its determination rates for transmission services), and (3) that the inclusion of those costs results Florida Power and Light Co.; Order summary disposition on the issue of in rates that will not yield excessive Granting Rehearing in Pert, Denying return on equity. In support of its revenues, we also find interveners’ Rehearing in Part, end Establishing request for suspension and a refund arguments unpersuasive. Hearing Procedures obligation, Seminole states that (1) the In Fort Pierce Utilities Authority v. order of July 15,1985, is based on an FERC, 730 F.2d 778 (D.C. Circuit 1984), Issued: October 31,2985. erroneous finding that Seminole had not the intervenors argued (hat it was Before Commissioners: Raymond J. alleged that FP&L’s rate level is improper to allocate any fixed costs to O’Connor, Chairman; A.G. Sousa and Charles unreasonable, (2) Seminole already certain wheeling services provided by G. Stalon. compensate. FP&L for transmission FP&L because FP&L could decline to fixed costs under a 1984 Amended On August 14,1985, Seminole Electric provide the services if it did not Cooperative, Inc. (Seminole), and Transmission Agreement, (3) anticipate having enough transmission certain Flordia Cities (Cities)1 filed in transmission fixed cost (barges are not capacity to wheel interchange power to properly includible in evaluating these Docket Nos. ER85-515-O04 and ER85- customers who purchase such power 515-005, respectively, requests for interchange rates, and (4) the finding in from a different utility. They contended rehearing of the Commission’s order the order that the rates will not yield that provision of die wheeling services excessive revenues is a mere assertion issued in this proceeding on July 15, did not require FP&L to plan, construct, without record support Finally, 1985.32 FERC “J 81,059. In dial order, the or maintain any additional transmission Commission accepted for filing, without Seminole contends that FP&L’s filing capacity. The Commission reversed the suspension or hearing, to become was made in the context of a formula finding in the initial decision that the effective May 1,1985, Florida Power and rate and, therefore, may be suspended, services should be regarded as firm.® Light Company’s (FP&L) revised daily notwithstanding that the charges would However, the Commission found that be decreased.5 capacity charges for short-term while the offer to provide services was interchange service under FP&L’s Discussion not firm, the “services do in a sense become firm once (hey are interchange agreements with Seminole The contention that the Commission and the Cities.2The Commission also undertaken.”7 The Commission erred in determining that FP&L’s charges granted FP&L’s request for waiver of the therefore permitted FP&L to include are not a formula rate and that the fixed costs in developing the rates. The notice requirements and terminated the revised charges may not be subject to dockets.3 court disagreed that the services were refund is not correct. While FP&L’s daily fairiy characterized as firm and capacity charge may be set by reference indicated that the services might not 1 Cities include Gainesville, Starke, Kissimmee, to a formula, the actual rate itself is not St. Cloud, Lakeland and Vero Beach, Florida: contribute to FP&L’s peak load or Gainesville Regional Utilities: the Sebring Utilities a formula but a fixed charge. Further, as require FP&L to incur a planning or Commission; the Orlando Utilities Commission, and we noted in the order of July 15,1985, construction function to meet additional the Fort Pierce Utilities Authority. the annual revision to the charge has not capacity. Thus, the court found that fixe 2Cities are all served under Service Schedule B. operated as an automatic adjustment Commission’s decision appeared to Seminole takes service under Service Schedule B clause, but has been subject to the filing and, for purchases only of short-term interchange contradict the prior Commission orders power for the purpose of obtaining replacement in Kentucky Utilities Company, 15 FERC power and energy. Service Schedule B -S. 4 United Gas Pipelne Co. v. MobHe Gas Serv ice f61,002 (1981), reh. denied 15 FERC * On September 13,1985, the Commission Issued Corp., 350 U.S. 322 (1958) and EPC «. Sterna ¡Pacific 181,222 (1981). In Kentucky Utilities, the on order granting rehearing for the purpose of Power Go.. 350 U;S, 348,(1956). further consideration. That order 'erroneously 5 Generally, “rate increased" ■can be made subject referred to the requests for rehearing as subdockets to refund under section 215 of the Federal Power 6 21 FERC at 61245. -003 and -004 *o £1185-5X5. Act. 7 ID. Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Notices 45863

Commission discussed the general reasonableness of the rate. Such pricing schedule under which Seminole principle that in developing rates, fixed . provides an incentive for utilities to use contributes to the transmission fixed costs should not be allocated to services temporarily idled capacity (while costs that we attributed to Service th&t do not cause the utility to plan, avoiding any overrecovery of costs) Schedule B-S construct, or maintain capacity. The because the contribution to fixed costs Our review of FP&L’s submittal with court concluded that the Commission derived from the sale benefits the native respect to Service Schedule B-S, using had not adequately explained any load customers in the form of revenue only production investment, indicates distinction between the rates at issue in credits. that the rates have not been shown to be Fort Pierce and the rates at issue in Thus, in evaluating FP&L’s rates for just and reasonable and may be unjust, Kentucky Utilities (where the coordination service under Service unreasonable, unduly discriminatory or Commission did not allocate fixed costs) Schedule B, we do not, as alleged by preferential, or otherwise unlawful. both of which were for interruptible Cities, allocate fixed costs to the Accordingly, we shall set these rates for transmission service. As a result, it service. Rather, we have evaluated the hearing. Inasmush as FP&L’s proposed remanded the proceeding for further rates in light of the policy that some rate represents a decrease from the consideration and a fuller explanation. Contribution to fixed costs by existing level, any change in rate shall The proceeding in Fort Pierce was coordination customers is appropriate. become effective on a prospective basis. subsequently settled by the parties. FP&L must use both its production and For the same reason, any change in the Thus, the Commission did not have an transmission facilities when it sells Service Schedule B rates shall also be opportunity to reconsider or to expand under Service Schedule B and, therefore, prospective. With regard to Cities’ upon its reasoning with respect to the contribution is evaluated against request for expedited hearing pricing of coordination services. both production and transmission procedures, we believe that matters of The services at issue in the instant investment. Since the rates paid by firm scheduling are best left in this case to docket do not cause the utility to plan or requirements customers provide the the discretion of the presiding construct new capacity. The services are company with a 100 percent contribution administrative law judge. offered only when existing capacity, to capital costs, this is an appropriate Seminole has presented no arguments constructed to meet native load, is benchmark for comparison. Here, the with respect to its request for summary temporarily available. These proposed rates produce a contribution of disposition of the return on equity issue transactions are commonly know as less than 100 percent of the fixed that was not previously considered and coordination services or opportunity production and transmission costs. rejected in the order of July 15,1985. sales. Applying the general rule Thus, proposed rates are below the With regard to consolidation, the above enunciated in Kentucky Utilities, it benchmark and produce an earned discussion makes it apparent that these would not be appropriate to allocate return below that advocated by rates raise different issues than the any fixed costs in developing the rates. Seminole and Cities. transmission rates at issue in Docket However, if FP&L (or another utility) Nonetheless, Intervenors argue on No. ER85-380-000. Thus, rehearing on was limited to recovering only the rehearing that the rate level for Service these issues is denied. In all other variable costs of providing coordination Schedule B is excessive. Because we respects, Seminole and Cities have services, it would have very little, if any, shall set the Service Schedule B-S rates made no arguments which were not incentive to provide the service since for hearing in any event, as discussed previously considered and rejected in the recovery of only incremental costs below, we shall also set the Service the order of July 15,1985. Thus, in all provides no benefit to the supplier’s Schedule B rates for hearing. The issue other respects, rehearing will be denied. native load. To provide that incentive, is whether the filed rate, which is within The Commission orders the Commission allows utilities to price a zone delineated by the contribution to coordination sales at a rate which fixed costs made by the seller’s (A) Except as indicated above, Cities’ includes, in addition to variable costs, a requirements customers at the top, and and Seminole’s requests for rehearing contribution to the utility’s fixed costs.8 by no contribution to fixed costs (/.«. a are hereby denied. That is not to say that fixed costs rate restricted to the seller’s variable (B) Pursuant to the authority properly allocated to native load costs) at the bottom, is unjust and contained in and subject to the customers will be permitted to be unreasonable. jurisdiction conferred upon the Federal allocated again to coordination services. With regard to the Service Schedule Energy Regulatory Commission by The contribution provided by B-S rates, Seminole has raised on section 4029a of the Department of coordination sales to fixed costs is not rehearing an argument not raised in its Energy Organization Act and by the an allocation of fixed costs to the intervention. Seminole points out that Federal Power Act, particularly sections service. Service Schedule B-S excludes all 205 and 206 thereof, and pursuant to the The Commission will generally permit transmission costs in recognition of the Commission’s Rules of Practice and rates for coordination services to fact that Seminole compensates FP&L Procedure and the regulations under the recover, in addition to variable costs, an for transmission costs relate to Service Federal Power Act (18 CFR, Chapter I), a amount up to the contribution to fixed Schedule B-S under a different rate public hearing shall be held concerning costs that would have been made by schedule.9 Thus, evaluation of the rates the justness and reasonableness of requirements customers using the same under Service Schedule B-S should FP&L’s Service Schedule B and B-S facilities. As a benchmark, this permits consider production investment costs rates. the Commission to compare the same or only. Upon further consideration, we (C) A presiding administrative law other services offered by the utility or by conclude that Seminole is correct that judge, to be designated by the Chief other sellers to determine the evaluation of the Service Schedule B-S Administrative Law Judge, shall rates without reference to transmission convene a conference in this proceeding 8 We recently explained this in our Notice o f fixed costs is appropriate, given the to be held within approximately fifteen Inquiry, Regulation o f Electricity Sales fo r Resale existence of a specific, concurrent rate (15) days from the date of this order, in a ond Transmission Service (Notice of Inquiry), Docket No. RM 85-17-000 (Phase I). 50 FR. 23445 hearing room of the Federal Energy and 23446. June 4, 1985). 9 The “1984 Amended Transmission Agreement.” Regulatory Commission, 825 North 45864 Federal Register / VoL 50, No. 213 / Monday, November 4, 1985 / N otices

Capitol Street NIL, Washington, DC Commission waive the notice Any person desiring to be heard or to 20426. The Presiding Judge is authorized requirements in its regulations, 18 CFR make any protest with reference to said to establish procedural dates and to rule Part 154, to allow the Seventh Revision applications should on or before on all motions (except motions to of Exhibit “A" to be effective, without November 12,1985, file with the Federal dismiss), as provided in the suspension, on November 1,1985. Energy Regulatory Commission, Commission's rules of practice ami PGT states that corresponding Washington, D.C. 20426, petitions to procedure. changes to Schedule “A*' of toe Gas Sale intervene or protests in accordance with (D) Docket No. ER85-515-GQ4 and Contract with Alberta and Southern the requirements of the Commission's ER85-515-005 are hereby terminated. A have been made and are being new Docket No. ER85-515-008 is hereby Rules of Practice and Procedure (18 CFR submitted to the Economic Regulatory 385.211, 385.214). AH protests filed with initiated in which the above mentioned Administration. hearing will be held. the Commission will be considered by it PGT advises that copies of its filing (E) The Secretary shall promptly in determining toe appropriate action to have been mailed to its customers and publish this order in the Federal be taken but will not serve to make the Register. to interested state commissions. protestants parties to the proceeding. Any person desiring to be heard or to Persons wishing to become parties to a By die Commission. protest said filing should file a motion to proceeding or to participate as a party in Kenneth F. Plumb, intervene or a protest with toe Federal any hearing therein must file petitions to Secretary, Energy Regulatory Commission, 825 intervene in accordance with the [FR Doc. «5-26229 Filed 11-1-^85; 8:45 am) North Capitol Street, NIL, Washington, Commission’s Rules. BILLING CODE 6717-01-M DC 294%, in accordance with Rules 211 and 214 of the Commission's Rules of Under the procedure herein provided Practice and Procedure (18 CFR 385.211, for, unless otherwise advised, It will be [Docket No. RP86-4-0G0] 385.214). AH such motions or protests unnecessary for Applicants to appear or to be represented at the hearing. Pacific Gas Transmission Co.; Change should be filed on or before November 5, to Executed Service Agreement and 1985. Protests will be considered by toe Kenneth F. Plumb, Request for Expedited Consideration Commission in determining the Secretary. appropriate action to be taken, but will October 29,1885. not serve to make protestants parties to Exhibit “A“ Take notice that on October 21,1985, the proceeding. Any person wishing to R.S. Pacific Gas Transmission Company become a party must file a motion to -Purchaser Certificate No. docket (PGT) tendered for filing a “Notice Of intervene. Copies of this filing are on file Revision To Exhibit “A" Of Executed with the Commission and are available 2 , Panhandle Eastern Pipe Line Co_____ G-431S 1 Service Agreement With Pacific Gas for public inspection. 6 ’ Columbia Gas Transmission Corp...... G -19806 7 j Northern ¡Natural Gas Company...... 0 6 2 -29 2 2 And Electric Company To Reflect Kenneth F. Plumb, Already Issued Authorizations For Hie Secretary. 1 Request is made for this sale io be consolidated with Export And Import Of Extended and superseded by Cities Service Oil and Gas Corporation [FR Doc. 85-26228 Filed 11-1-85; 8.45 amj Rate Schedule .No. 229 and Certificate Docket No. G-4310. Volumes Of Canadian Natural Gas And ‘ Request is made for this sale to be consddated with and BILUNG CODE S717-41-M superseded by Cities Service Oil ¡and Gas Corporation Rats Request For Expedited Consideration”, Schedule No. 501 and Certificate Docket No. 082-302-000. pursuant to section 4 of the Natural Gas Act, IS U.S.C. 717c, and § 154.83 of the [Docket No. G-4315-001 et a!.] [FR Doc. 85-28297 Filed 11-1-85; «4 5 am] Commission’s regulations, 18 CFR BILLING CODE 6717-01-M 154.63. According to § 381.103(b)(2)(iii) Cities Service Oil & Gas C orp- of the Commission's regulations (18 CFR Application 381.103{bj(2j(iiîj), the date of filing is the [Project No. 2251-000] date on which the Commission receives October 30,1985. the appropriate filing fee, which in die Take notice that -738-000 iis hereby terminated and therefore proposes that such name use and transportation of natural gas, Docket No. ER85-738-0O1 is assigned to change be made in all proceedings Texaco requests a waiver of the the evidentiary hearing ordered here in- before die Commission. restrictions oir the use of natural gas in (K) ?The Secretary shall-promptly Any person desiring to be heard or to the steam generation boilers at the Port publish this order in the Federal make any protest with reference to said Arthur Refineries. Register. Petition to amend should on or before Any person desiring to be- heard or to By the Commission. November 13,1985, file with the Federal make any protest with reference to said Energy Regulatory Commission, Kenneth F. Plumb, applications should on or before Washington, D.C 20426, a Petition to Secretary. Novemberl2,1985, file with the Federal Intervene or a Protest in accordance Energy Regulatory Commission, Pacific Gas & Electric Company Docket with the, requirements'of the Washington, D.C. 20426, petitions to No. ER85-738-000 Commission’s Rules of Practice and intervene or protests in accordance with Procedure (18 CFR 385.214, 385.211) and the requirements of the Commission’s Rate Schedule Designations the Regulations under the Natural Gas Rules of Practice and Procedure (18* CFR Act (18 CFR 157.10). All protests filed 385.211, 385,214); All protests filed with Designation i Description with: die Cbmmission. will be; considered the Commission will be considered by it by it in determining the appropriate in determining-the appropriate action to (1) Rate Schedule FER CN o. 1 Electric Capacity and Energy 95. | Sales Agreement. action to-betaken but will not serve to be taken but will not serve to make the (2) Supplement No. 1 to 1 Appendix, C -h — Rates. make die protestante parties; to the protestants parties to the: proceeding. Rate Schedule FERC Nò: 95.: . proceeding. Any person wishing to Persons wishing to become parties to a (3) Supplement; No. 2 to Appendix C -2 — Fuel Cost become a party, to a proceeding or to proceeding or to participate as a party in Rate Schedule FERG No. Adjustment, participate as a party in any hearing 95. any hearing therein must file petitions to (4) Supplement Na. 3- t0 > Appendix D— Load Shedding. therein must file a Petition to Intervene intervene in accordance with the Rate Schedule FERC No. in accordance with, the Commissions 95. Commission’s Rules. Rules; Under the procedure herein provided Under the procedure herein provided for, unless otherwise advised-, it will fee [FR Doc. 85-26299 Filed ll-T-85; 8:45 am) for, unless otherwise advised, it will be unnecessary for Applicants to appear or BILLING CODE 67.17-QT-M unnecessary for Applicants to appear or to, be" represented at1 the*hearing; to be represented at the hearing. Kenneth F. Plumb, Kenneth F. Plumb, Secretary: [Docket NO. CI84-466-001] Secretary. [FR Doc. 85-26301 Filedllr-T-65; 8:45; amf [FR Doc; 85-26300 Filed TT-t-85; ffi45 am) Plains Petroleum Corp.;. Petition BILLING CODE 6717-01-M For Redesignation Reflecting Name BILLING-CODE 6717-01-NT Change: [Docket No. CI77-3291 [Docket No. G-3711-00T, et aid October 30,1985., Take notice that on. October 21,1985, Texaco Inc.; Request for Waiver Union Exploration Partners Ltd., ef at} Plains Petroleum Company, a Delaware Application for Certificates of Public corporation (Plains)) P.O; Box 15278, October 30,1985: Convenience and Necessity To* Render LakewoodV Colorado 80215, filed in Take Notice That on September 12,. Service Previously Authorized Docket Mo. CI84-466-001 a Petition 1985, Texaco Inc. filed a Request for pursuant to section 16’of the Natural Waiver of a condition which was October 30, ,1985.. Gas, Act to substitute the name of Plains included the Commission’s 1977 ordfers Take notice; that on October 4> 1985, Petroleum Company for Plains, in Texaco Ina, Docket No; Cl77J-329 et Union Exploration Partners, Ltd. Production Company in all proceedings al. As part of a settlement; Texaco (Applicant) of P.O. Box 7600, Los- before the Commission; as more fully set offered a self-imposed limitation on the Angeles, California 90051, filed a; forth in the Petition to Redesignate future use of natural gas under its petition pursuant to section ? of the whichis on file with die Commission converted steam boilers at Pbrt Arthur. Natural Gas Act and § 137.23, e ts e q ♦, of and. open to public inspection-plains In the past eigfrt.years dhrihg whichi the Commission's Regulations for states that at a special meeting of the Texaeo has operated the Port Arthur Certificates of Public Convenience and 45868______Federal Register / Voi. 50, No. 213 / Monday, November 4, 1985 / Notices

Necessity to render service previously unnecessary for Applicants to appear or Exhibit “A”— Continued authorized by the Commission in certain to be represented at the hearing. For­ Now: Certificates of Public Convenience and Kenneth F. Plumb, merly: ' Union Necessity heretofore issued to Union Oil Union Explora­ S ecretary . Oil tion Company of California, Breton Co. Part­ Certificate FERC ners, Purchaser Resources Company and Eugene Shoal Exhibit "A" gas Ltd. docket Oil Company. rate FERC sched­ gas rate By Assignment, Bill of Sale and For­ Now: ule sched­ merly: Union No. ule No. Conveyance dated effective as of Union Explora­ August 1,1985, Union Oil Company of - Oil tion Co. Part­ 204 204 Texas Gas 078-174 FERC ners, Certificate California (Union Oil), Breton Resources Purchaser docket Transmission Corp. Company and Eugene Shoal Oil gas Ltd. 205 205 Transcontinental Gas 071.-473 rate F E R C Pipe Line Corp. Company conveyed to Union sched­ gas rate ule sched­ 207 207 United Gas Pipe Line ¿171-896 Exploration Partners, Ltd., Limited No. ule Noi. Co. Partnership, a Texas limited partnership, 208 208 Texas Gas 072-180 Transmission Corp. 3 3 Transcontinental Gas G-3711 Union Oil’s interest in all properties 210 210 072-544 Pipe Line Corp. Southern Naturai Gas Co. located in Union Oil’s Oil and Gas 4 4 ...... d o ...... G-3711 212 Florida Gas 5 s G -3 7 1 1 212 0 73 -32 5 Division’s Gulf Region, Breton Transmission Co. 6 6 ..... do...... G-3711 218 218 Resources’ properties located in the 12 12 Columbia Gas G-1Q537 Texas Gas 075-468 Transmission Corp. Transmission Corp, State of Louisiana and Offshore from the . 219 ..... d o...... 13 13 Texas G as G-8811 219 0 75-469 State of Louisiana and Eugene Shoal's 220 220 0 75 -47 4 Transmission Corp. 221 221 properties located Offshore from the 17 17 Trsnscontinental. Gas G -12695 075-477 States of Louisiana and Texas, subject Pipe Line Corp. 222 222 0 76 -92 26 26 ..... d o ...... G-14203 223 ' 223 Natural Gas Pipeline, 076-736 to the exceptions, reservations, terms 31 31 Trunktine Gas Co...... G -17263 Co. of America. ■ and conditions contained in said 35 35 Texas Gas G -17010 224 224 Transcontinental Gas , 076-559 Pipe Line Corp. Assignment. Transmission Corp. 36 38 .....d o ...... G -17457 232 232 .„...do...... i...... ,...... 077-444 The properties included in the 40 40 Trunkiine Gas Co ...... G - 15487 234 234 Columbia Gas .077-490 Assignment which are subject to 44 44 Tennessee Gas G -19682 Transmission Còrpi ' Pipeline Co. 235 ■ 235 Texas Eastern 0 77-492 Certificates of Public Convenience and 49 49 United GaS Pipe Line' G-3711 Transmission Corp. Necessity issued in the Dockets * Co. 236 238 United Gas Pipe Line ClV 7-537 52 : 52 Transcontinenta) Gas 0 6 1 -3 3 1 Co. identified on the attached Exhibit “A” - Pipe Line Corp. 237 237 Texas Gas : 0 77-828 are located in the Gulf of Mexico and in 59 59 T e xa s G as 0 6 1 -1 6 5 • Transmission Corp.- Louisiana, Mississippi and Texas. Transmission Corp. 236 ! 238 Northern Natural Gas 077-567 60 60 ..... d o ...... C I6 1 -1 6 6 Co. . Wherefore, Applicant respectfully 62 62 T ranscontinema! G as 0 62 -82 2. ! 242 242 Texas Eastern 077-534 requests that Certificates of Public : Pipe Line Corp. Transmission Còrp. 63 63 ..... d o ...... '...... 0 8 2 -1 1 2 0 . 244 1 244 Southern Natural Gas ¿178-662 Convenience and Necessity be issued 85 85 Trunkiine Gas Co ...... 0 6 4 -6 6 8 . Co. effective August 1,1985 authorizing it to G -15486 245 245 Texas Gas 078-859 render the service previously authorized 0 6 2 -8 0 6 Transmission Corp. 99 99 Texas G as G -7193 247 247 Texas Eastern 078-1133 in the Certificates of Public Convenience Transmission Corp. Transmission Corp. and Necessity issued to Union Oil 101 101 United Gas Pipe Line G -7193 248 248 Southern Natural Gas 078-824 Co. Co. Company of California, Breton 103 103 ..... d o ...... G -7193 249 249. United Gas Pipe Line 078-844 Resources Company and Eugene Shoal ' 104 104 G -7193 Co. Oil Company as listed in the attached 113 113 Transcontinental G a s G^1V159 250 250 Texas Gas. 0 79 -68 Pipe Line Corp. Transmission Corp. Exhibit “A”. Applicant also requests 126 126 United Gas Pipe Line G -3840 252 252 Texas Eastern 0 7 9 -58 0 that the related rate schedules be Co. Transmission Corp. 127 127 ..... d o ...... G-3841 254 254 Sea Robin Pipeline C o ... 079-611- redesignated as the rate schedules of 133 1$3 Texas G a s ¿161-245 256 256 080-238 Union Exploration Partners, Ltd. Transmission Corp. 257 257 Tennessee Gas 080-292 Any person desiring to be heard or to 134 134 0 6 1 -2 6 5 Pipeline Co. 136 136 Arkansas-Louisiana 0 6 1 -1 0 7 0 258 258 Columbia Gas 080-297 make any protest with reference to said G as Co. Transmission Corp. applications should on or before 139 139 Texas Eastern 0 6 1 -1791 262 262 United Gas Pipe Line 081-12-000 Transmission Corp. Co; November 13,1985, file with the Federal 142 142 Natural Gas Pipeline 0 6 2 -6 3 4 263 : , 263' „....dò.... :...... :...... 081-16-600 Energy Regulatory Commission, Co. of America 264 264 ANR Pipeline Co.._.____ 081-25-000 144 144 Tennessee Gas 0 6 2 -1 2 2 4 265 265 Texas Eastern . 081-93-000 Washington, D.C. 20426, petitions to Pipeline Co. Transmission Corp. intervene or protests in accordance with 158 158 Trunkiine Gas Co 0 6 6 -2 5 2 268 268 0 8 1 -291-000 the requirements of the Commission's 161 ; 161 Arkansas-Louisiana 0 6 6 -7 2 8 269 ,269 -Transcontinental Gas 081-482-000 G as Co. ' Pipe Line Corp. Rules of Practice and Procedure (18 CFR 163 163 ANR Pipeline C o ...... 0 6 6 -4 3 5 271 271 Texas Gas 082-163-000 385.211, 385.214). All protests filed with ; 165 165 Transcontinental Gas 0 6 5 -4 8 2 : Transmission Corp. Pipe Line Corp. 273 273 United Gas Pipe Line 082-355-000 the Commission will be considered by it 166 166 Texas G as 0 6 -1 0 1 6 Co. in determining the appropriate action to Transmission Corp. 277 277 Texas Gas 085-224-000 be taken but will not serve to make the 167 167 0 6 5 -1 3 5 1 Transmission Corp. 168 168 Columbia Gas 0 6 7 -9 2 278 278 ANR Pipeline C o ..:...... 085-182-000 protestants parties to the proceeding. Transmission Corp. 851, . 851 Transcontinental : Gas 068-1027-001 Persons wishing to become parties to a 186 186 0 6 8-1071 Pipe Une-Corp. 191 191 United Gas Pipe Line 0 6 9 -5 6 8 852 852 069-327-000 proceeding or to participate as a party in Co; 853 •653 Texas Gas 079-540-001 any hearing therein must file petitions to 192 192 Transcontinental Gas 0 6 9 -5 6 3 Transmission Corp. Pipe Line Corp. 854 854 Southern Naturai Gas 080-203-001 intervene in accordance with the 193 193 United Gas Pipe Line 0 6 9 -5 8 2 Coi Commission’s Rules. Co. 855 855 Taxas Gas 083-19-000 Under the procedure herein provided 196 196 Texas Gas 0 9 -8 1 9 Transmission Corp. Transmission Corp. 856 856 • United Gas Pipe Line 083-20-000 for, unless otherwise advised, it will be 201 201 .....d o ...... 0 6 9 -7 0 8 Co. Paritoai Register / Vafe. S®;, Nm. 232$ / Mtmdi&y;, Nmeendifer 4y n m -§ 45869

Exhibit, "Æ”—Gantimisd Commission and am; available foe public decision 06 die administrative law' judge, inspection^ and dismissal of the appeal by'the Now:; : For­ ] merly: UntoTr K en n eth Wi. P lu m b , Administrator exhaust all Union : Explora*- j om tlon S ecretary . administrative remedies available to the GO; j Part­ ! FERC ners, Purchaser. ' Certificate [FR Doe. 85-26804 Fifed W ^ m 8:45^ tanf Gompany. 1 doeiteti gas Ltd. BILLING' CODE» Wm-OIM* rate FERC Under section 307(ib)fll) of the Clean sched. , gas rate/ A&AcL judicial review? of the decision ule ■ sched«- j No* | Î ute. No; By Hie adtarinratfative law judge is* ENVIRONMENTAL PROTECTION available only by the filing of a petition 857 857* ; Transcontinental Gas. 083-148-000. AGENCY RpeLine-Gbrp.. for review in theUhited States: Court of 856 j 858) : Tennessee Gas GI83-204-000 [A-6-FRL-29T8-39 Appeals for the FiEh Circuit by January , Pipeline Co:, 3, 1986« For Further Information Contact: 8S® 859» * Tfexas G as '083^-29^-000' j j TVansmrssionCfifp; Final Agency Action, on. a* pack Dfvila at(2l4)767-2746. 961: 901. ; Transcontinental Gas ¡G-3714-000 Determination of Noncompliance for 1 Pipe LineGorp) ¡ G -13371-000’ Copies-of ail materials related to the 902: 902' :Tennessee Ga3 |©-1258S.-000: American Cyanamid Co. determination; of noncompliance for i Pipeline Co. American Cyanamid Company are 903* 903' Texas Eastern !068-611-001: Notice is hereby given that on Transmission Coup. September 27,1985,, pursuant to 40 CFR available at die following locations: 904 904: C169-446-001 Environmental Protection Agency, 905 905 'Texas Gas Ici89-795^001 66.95* the Administrator of the Transmission Gerp:. Environmental Protection Agency Region* 6» Aiis,, Pesticides and Toxics dismissed the appeal from the initial Division*, InterFirsf Two Building, 1201 decision of the Presiding Officer in Re: Elm, Street,, Dallas,,Texas 75270. [FR Dog. 85-26302’FiledlTr-l-aS;,8:45,amj; American' Gyanamid Company, Clean BILLING. CODE 6717-01-M Dated: October 16,1985. 84-1-2&-101, Air Act Docket No; Region' Frances. E.. Phillips, W. On July 19; 1985*. an initial decision Regional JMmimstrator, Region 6. [Docket No. TA8S-1-57-QOa, OOlT was rendered! finding; that American! Cyanamid Company was* not in [FR-Doc. 85-ZB263 Filed 11-1-85; 8:45 am] Westterrr Transmission Corpt; compliance with the requirements, of BILLING CODE 656make requirements is a final agency actio a Protestants, parties, to» the proceeding, appealable to the; courts provided all scheduled for consideration at the Any person wishing: to become; a party administrative remedies have been October, 31,1965,. Open Meeting and muat file; a motion: to* intervene. Copies exhausted. Appeal by American previously listed.ia the Commission’s of this filing; are on filíe with the: Cyanamid Company of the initial Notice of October 24,1985. 45870 Federal Register / Vol. 50, No, 213 / Monday, November 4, 1985 / Notices

Agenda Item No. Subject Maritime Commission, Washington, DC FEDERAL RESERVE SYSTEM 20573, within 10 days after the date of Mass Media 6 TITLE: (1) Applications to assign Farmers & Merchants Walterboro the licenses of television sta­ the Federal Register in which this notice tions WNEW-TV and W64AA appears. The requirements for Bancshares Corp. et ah; Formation of; (translator), New York, New Acquisitions by; and Mergers of Bank York; KTTV, Los Angeies, Cali­ comments are found in § 572.603 of Title fornia; KRLD-TV, Dallas, 46 of the Code of Federal Regulations. Holding Companies Texas; KRIV-TV, Houston, Interested persons should consult this Texas; and WTTG, Washington, The companies listed in this notice DC, from Metromedia Radio & section before communicating with the have applied for the Board’s approval Television, Inc. to News Amer­ Commission regarding a pending ica Incorporated (BALCT- under section 3 of the Bank Holding 850624KL-KP and BALCT- agreement. 850624KR); (2) application to Company Act (12 U.S.C. 1842) and assign the license of station Agreement No.: 204-010066-009. § 225.14 of the Board’s Regulation Y (12 WFLD-TV Chicago, Illinois, from WFLD Television, Inc. to T itle: United States Atlantic and CFR 225.14) to become a bank holding News America Television Incor- Pacific/Colombia Equal Access company or to acquire a bank or bank porated (BALCT-850624 KQ); holding company. The factors that are and (3) an application to assign Agreement. the license of station WCV8- P a rties: considered in acting on the applications TV, Boston, Massachusetts, are set forth in section 3(c) of the Act (i; from Metromedia Radio 4 Tele­ Flota Mercante Grancolombiana, S.A. U.S.C. 1842(c)). vision, Inc. to The Hearst Cor­ United States Lines (S.A.) Inc. poration (BALCT-85624KK). Each application is available for SUMMARY: The Commission will Coordinated Caribbean Transport, consider News America Televi­ immediate inspection at the Federal sion Incorporated's (K. Rupert Inc. Reserve Bank indicated. Once the Murdoch) and The Hearst Cor­ CTMT, Inc. poration’s applications to ac­ applicatio has been accepted for quire television stations S y n o p sis: The proposed amendment processing, it will also be available for WNEW-TV. KTTV, KRLD-TV. KRIV-TV, WTTG and WCVB- would modify the agreement to add inspection at the offices of the Board of TV. K. Rupert Murdoch pres­ CTMT, Inc. as a party to the agreement. Governors. Interested persons may ently controls The New York express their views in writing to the P o s t, published in New York, A g reem en t N o.: 224-010798-001. New York, and The Chicago Reserve Bank or to the offices of the T itle: Port of Galveston Terminal S u n -T im e s , published in Chica­ Board of Governors. Any comments on go, Illinois. Since Agreement. § 73.3555(c)(3) of the Commis­ an application that requests a hearing sion's Rules prohibits common- P a r tie s : ! ' must include a statement of why a ownership of a daily newspaper The Board of Trustees of the and a television station, Mur­ written presentaton would not suffice in doch has requested a two-year Galveston Wharves (Galveston lieu of a hearing, identifying specifically period within which to divest of Wharves) the newspapers. The Commis­ any questions of fact that are in dispute sion will also consider petitions Container Terminal of Galveston, Inc. and summarizaing the evidence that tp deny filed by Sue Gottfried; would be presented at a hearing the California Association of (Container Terminal) the Physically Handicappted, S y n o p sis: The agreement amends the Unless otherwise noted, comments Inc., the National Coalition on regarding each of these applications Television Violence; the Media basic agreement by providing for an Access Project; the Washington extension of its term for sixty-days. The must be received not later than Association for Television and November 22,1985. ; Children; Metro-west Corpora­ Galveston Wharves East End Terminal tion, ■ licensee' of WPWR-TV, will continue to be operated by A. Federal Reserve Bank of Richmond Aurora, Illinois, and Anthony R. (Lloyd W. Bostian, Jr., Vice President) Martiri-Trigona. Container Terminal. Parties have requested a shortened review period for 701 East Byrd Street, Richmond Virginia the agreement. 23261: Federal Communications Commission. 1. Farmers & Merchants W alterboro Issued: October 29,1985. Dated: October 30,1985. Bancshares Corporation, Walterboro, William J. Tricarico, By Order of the Federal Maritime South Carolina; to become a bank Secretary, Commission. holding company by acquiring 100 percent of the voting shares of Farmers [FR Doc. 85-26260 Filed 11-1-85; 8:45 am] Mary F. Whitmore, & Merchants Bank, Walterboro, South BILLING CODE 6712-01-M Assistant to the Secretary. Carolina. [FR Doc. 85-26268 Filed 11-1-85; 8:45 am] B. Federal Reserve Bank of Atlanta BILLING CODE 6730-01-M (Robert E. Heck, Vice President) 104 FEDERAL MARITIME COMMISSION Marietta Street, NW., Atlanta, Georgia 30303: Agreement(s) Filed 1. General Banshcres, Inc., South Agreement(s) Filed Pittsburg, Tennesses; to become a bank holding company by acquiring 100 The Federal Maritime Commission Correction percent of the voting shares of Citizens hereby gives notice of the filing of the In FR Doc. 85-24838, beginning on State Bank, South Pittsburg, Tennessee. following agreement(s) pursuant to page 43606 in the issue of Monday, section 5 of the Shipping Act of 1984. C. Federal Reserve Bank of Kansas October 28,1985, make the following City (Thomas M. Hoenig, Vice President) Interested parties may inspect and correction: obtain a copy of each agreement at the 925 Grand Avenue, Kansas City, Washington, DC Office of the Federal On page 43606, third column, the Missouri 64198: Maritime Commission, 1100 L Street agreement number for the Carol Lines 1. First Keyes Bancshares, Inc., Keyes, NW., Room 10325. Interested parties Joint Service Agreement should have Oklahoma; to acquire 24 precent of the may submit comments on each read “Agreement No.: 207-010168-006.” voting shares of Thomas Bancshares. agreement to the Secretary, Federal BILLING CODE 1505-01-M Inc., Thomas, Oklahoma, thereby Federai Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Notices 45871 indirectly acquiring The Bank of to produce benefits to the public, such Board of Governors of the Federal Reserve Thomas, Thomas, Oklahoma. as greater convenience, increased System, October 29,1985. D. Fedral Reserve Bank of Dallas competition, or gains in efficiency, that James McAfee, (Anthony J. Montelaro, Vice President) outweigh possible adverse effects, such Associate Secretary of the Board. 400 Sojhth Akard Street, Dallas, Texas as undue concentration of resources, [FR Doc. 85-26274 Filed 11-1-85; 8:45 am] 75222: decreased or unfair competition, BILLING CODE 6210-01-M 1. Ameritex Bancshares Corporation, conflicts of interests, or unsound Dallas, Texas: to acquiring 100 percent banking practices.” Any request for a of the voting shares of Riverbend hearing on this question must be Metro Bancorp, Inc. et al.; Acquisition National Bank, Fort Worth, TExas, a de accompanied by a statement of the of Company Engaged in Permissible novo bank. reasons a written persentation would Nonbanking Activities 2. National Bancshares of Texas, San not suffice in lieu of a hearing, Antonio, Texas; to acquiring 100 percent identifying specifically any questions of The organization listed in this notice of the voting shares of First Bancshares, fact that are in dispute, summarizing the has applied under §225.23(a)(2) or (f) of Inc., Seguin, Texas, theregy indirectly evidence that would be presented at a the Board's Regulation Y (12 CFR acquiring First National Bank of Seguin, hearing, and indicating how the party 225.23(a)(2) or (f)) for the Board’s Seguin, Texas. commenting would be aggrieved by approval under section 4(c)(8) of the 3. rising Rising Star Banchshares, Inc., approval of the proposal. Bank Holding Company Act (12 U.S.C. Star, Texas: to become a bank holding 1843(c)(8)) and § 225.21(a) of Regulation Unless otherwise noted, comments compnay by acquiring 85.24 percent of Y (12 CFR 225.21(a)) to acquire or regarding the applications must be the voting shares of First State Bank of control voting securities or assets of a received at the Reserve Bank indicated Rising Star, Rising Star, Rising Star, company engaged in a nonbanking or the offices of the Board of Governors Texas. activity that is listed in § 225.25 of not later than November 21,1985. 4. Wichita Falls Bancshares, Inc., Regulation Y as closely related to ‘ Wichita Falls, Texas; to become a bank A. Federal Reserve Bank of Atlanta banking and permissible for bank holding company by acquiring 80 (Robert E. Heck, Vice President) 104 holding companies. Unless otherwise percent of the voting shares of First Marietta Street, NW., Atlanta, Georgia noted, such activities, will be conducted National Bank, Wichita Falls, Texas, a 30303: throughout the United States. de novo bank. Comments on this 1. First Commerce Corporation, New The application is available for application must be received not later Orleans, Louisiana; to engage d e novo immediate inspection at the Federal than November 20,1985. through its subsidiary, First Commerce Reserve Bank indicated. Once the Board of Governors of the Federal Reserve Investment Securities, Inc., New application has been accepted for System, October 29,1985. Orleans, Louisiana, in securities processing, it will also be available for lames McAfee, brokerage activities pursuant to inspection at the offices of the Board of Associate Secretary of the Board. § 225.25(b) (15) of Regulation Y. Governors. Interested persons may [FR Doc. 85-28273 Filed 11-1-85; 8:45 am] 2. Louisiana Bancshares, Inc., Baton express their views in writing on the BILLING CODE 6210-01-M Rouge, Louisiana; to engage d e novo question whether consummation of the through its subsidiary, Louisiana proposal can “reasonably be expected Bancshares Asset Management to produce benefits to the public, such First Commerce Corp. et al.; Company, New Orleans, Louisiana, in as greater convenience,, increased Applications To Engage de Novo in investment of financial advisory competition, or gains in;efficiency, that Permissible Nonbanking Activities activities pursuant to § 225.25(b)(4) of outweigh possible adverse effects, such Regulation Y. v The companies listed in this notice as undue concentration of resources, have filed an application under B. Federal Reserve Bank of San decreased or unfair competition, § 225.23(a)(1) of the Board’s Regulation Francisco (Harry W. Green, Vice conflicts of interests, or unsound Y (12 CFR 225.23(a)(1)) for the Board’s President) 101 Market Street, San banking practices.” Any request for a approval under section 4(c)(8) of the Francisco, California 94105: hearing on this question must be Bank Holding Company Act (12 U.S.C. 1. Rainier Bancorporation, Seattle, accompanied by a statement of the 1843(c)(8)) and § 225.21(a) of Regulation Washington; to engage d e novo through reasons a written presentation would Y (12 CFR 225.21(a)) to commence or to its subsidiary, Rainier Brokerage not suffice in lieu of a hearing, engage d e novo, either directly or Services, Inc., Seattle, Washington, in identifying specifically any questions of through a subsidiary, in a nonbanking securities brokerage activities including fact that are in dispute, summarizing the activity that is listed in § 225.25 of certain securities credit and incidental evidence that would be presented at a Regulation Y as closely related to activities pursuant to § 225.25(b)(15) of hearing, and indicating how the party banking and permissible for bank Regulation Y. commenting would be aggrieved by holding companies. Unless otherwise 2. The Sumitomo Bank, Limited, approval of the proposal. noted, such activities will be conducted Osaka, Japan; to engage d e novo through Comments regarding the application throughout the United States, its subsidiary, Sumitomo Bank of New must be received at the Reserve Bank Each application is available for York Trust Company, New York, New indicated or the offices of the Board of immediate inspection at the Federal York, in trust company and financial Governors not later than November 22, Reserve Bank indicated. Once the advisory activities, including acting as 1985. application has been accepted for issuing, fiscal and/or paying agent; A. Federal Reserve Bank of San processing, it will also be available for trustee or depositary; financial advisor; Francisco (Harry W. Green, Vice inspection at the offices of the Board of escrow agent and custodian. These President) 101 Market Street, San Governors, Interested persons may activities will be conducted pursuant to Francisco, California 94105: express their views in writing on the § § 225.25(b) (3) and (4) of Regulation Y 1. Metro Bancorp, Incorporated, question whether consummation of the and other applicable federal and New Phoenix, Arizona; to acquire MB proposal.can “reasonably be expected York State law. Mortgage Company, Phoenix^ Arizona, 45872 Federal Register / VoL 50, No. 213 / Monday, November 4, 1985 / Notices and thereby engage in brokering, 701 East Byrd Street, Richmond, Virginia and sale of gold and silver bullion and servicing, originating and selling loans 23261: gold coins for the account of pursuant to § 225.25(b)(1) of Regulation 1. Potomac Bancorp, Inc., Keyset, customers; 2 and (3) securities brokerage Y. These activities would be conducted West Virginia; to engage d e novo services that are restricted to buying from premises in Phoenix, Arizona. through its subsidiary, Eastern and selling securities solely as agent for Board of Governors of the Federal Reserve Servicecenter, Inc,, Keyser, West the account of customers and do not System, October 29,1985. Virginia, in calculating gross payroll, all include securities underwriting or James McAfee, acceptable withholdings, prepare checks dealing or investment advice or research Associate Secretary of the Board. and furnish customer with cumulative services, pursuant to § 22525(b)(15) of [FR Doc. 85-26275 Piled 11-1-85; 8:45 am] quarterly and annual totals and prepare Regulation Y, 12 CFR 225.25(b)(15). BILLING CODE 6210-01-M annual W -2 forms for employees of the Sovran has previously received customers, from data furnished by the approval for SIC to engage d e novo in (1) customer, pursuant to § 225.25(b)(7) of underwriting and dealing in government Potomac Bancorp, Inc. etal.; Regulation Y. These activities would be obligations and money market Applications To Engage de Novo in performed in the States of Maryland and instruments pursuant to $ 225.25(b)(16) Permissible Nonbanking Activities West Virginia. of Regulation Y, 12 CFR 225.25(b) (16); (2) B. Federal Reserve Bank of Chicago providing investment or financial advice The companies listed in this notice (Franklin D. Dreyer, Vice President) 230 relating solely to government obligations have filed an application under South LaSalle Street, Chicago, Illinois and money market instruments pursuant § 225.23(a)(1) of the Board’s.Regulation 60690: to § 225.25(b)(4) of Regulation Y, 12 CFR Y (12 CFR 225.23(a)(1)) for the Board’s 1. Comerica Incorporated, Detroit 225.25(b)(4); and (3) certain services of a approval under section 4(c)(8) of the fiduciary nature, including securities Bank Holding Company Act (12 U.S.C. Michigan; to engage d e novo through its subsidiary, Comerica Brokers, Inc., safekeeping, custodial services, paying 1843(c)(8)) and § 225.21(a) of Regulation agent, and divident disbursement agent. Y (12 CFR 225.21(a)) to commence or to Detroit, Michigan, in providing securities The Board has previously approved engage d e novo, either directly or brokerage services pursuant to the offering of investment advice, as through a subsidiary, in a nonbanking § 225.25(b){15) of Regulation Y. well as the provision separately of activity that is listed in § 225.25 of Comments on this application must be securities brokerage services solely as Regulation Y as closely related to received no later than November 18, agent for the account of customers and banking and permissible for bank 1985. not including securities underwriting, holding companies. Unless otherwise Board of Governors of the Federal Reserve dealing, investment advisory or research noted, such activities will be conducted System, October 29,1985. throughout the United States. services. 12 CFR 225^5(b)(4), (b)(15). Janies McAfee, This application raises the question Each application is available for Associate Secretary of the Board. whether a bank holding company may immediate inspection at the Federal [FR Doc. 85-26276 Filed 11-1-85; 8:45 am] through the same subsidiary provide Reserve Bank indicated. Once the BILLING CODE 6210-OT-M securities brokerage services application has been accepted for permissible under § 225.25(b)(15) of processing, it will also be available for Regulation Y, underwrite and deal in inspection at the offices of the Board of Sovran Financial Corp.; Norfolk, Va.; government obligations and money Governors. Interested persons may Proposal To Offer Through the Same express their views in writing on the market instruments under § 225.25(b)(16) Subsidiary Securities Brokerage and of Regulation Y, and provide investment question whether consummation of the Investment Advice Concerning advice under § 225.25(b)(4) of Regulation proposal can “reasonably be expected Government Obligations and Money Y solely with respect to government to produce benefits to the public, such Market Instruments as greater convenience, increased obligations and money market competition, or gains in efficiency, that instruments,3 where the securities brokerage activities and underwriting of outweigh possible adverse effects, such Sovran Financial Corporation as undue concentration of resources, (“Sovran”), Norfolk, Virginia, has government obligations and money market instruments and related advice decreased or unfair competition, applied under section 4(c)(8) of the Bank would be carried on by separate conflicts of interests, o t unsound Holding Company Act (“Act”), 12 U.S.C. banking practices." Any request for a 1843(c)(8), for permission to expand the personnel and where there would be no hearing on this question must be activities of its wholly-owned cross-selling of products. accompanied by a statement of the subsidiary, Sovran Investment Section 4(c)(8) of the Act provides that reasons a written presentation would Corporation (“SIC"), Richmond, a bank holding company may, with not suffice m lieu of a hearing, Virginia, to include: (1) Buying and Board approval, engage in any activity identifying specifically any questions of selling, as agent, on behalf of non- fact that are in dispute, summarizing the affiliated persons, options on securities 2 The Board has previously determined that the evidence that would be presented at a issued or guaranteed by the U.S. purchase and sale of gold and silver bullion and Government and its agencies and gold Goins for the account of customers is closely hearing, and indicating how the party related to banking. First Interstate Bancorp, 71 commenting would be aggrieved by options on U.S. and foreign money Federal Reserve Bulletin 467 (1985). SIC will not approval of the proposal. market instruments; 1 (2) the purchase engage in the sale of platinum and palladium or deal Unless otherwise noted, comments in gold or silver for its own account. The present application does not include buying and selling regarding the applications must be 'The Board has previously determined dial acting options on gold and silver bullion. Moreover, SIC received at the Reserve Bank indicated as a broker with respect to options on securities will not extend credit in connection with the or the offices of the Board of Governors issued or guaranteed by the U.S, Government and proposed precious metal services. not later than November 20,1985. its agencies and options on LLS. and foreign money 3 SIC will not provide any advice concerning gold market instruments is closely related to banking. and silver bullion or advice concerning options on A. Federal Reserve Bank of Richmond Security Pacific Corporation, 70 Federal Reserve government obligations and money market (Lloyd W. Bostian, Jr„ Vice President) Bulletin 238 (1938). instruments. Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Notices 45873

“which the Board after due notice and Services unit whose principal activities This application may be inspected at opportunity for hearing has determined include: (1) Securities brokerage the offices of the Board of Governors or (by order or regulation) to be so closely services; (2) fixed-income transactions; the Federal Reserve Bank of Richmond. related to banking or managing or and (3) precious metals services. Board of Governors of the Federal Reserve controlling banks as to be a proper The services provided by the System, October 30,1985. incident thereto.” 12 U.S.C 1843(c)(8). In securities brokerage section include the James McAfee, determining whether an activity is a purchase and sale, as agent, of Associate Secretary of the Board. proper incident to banking, the Board corporate stocks and bonds and other must consider whether the proposal may [FR Doc. 85-26270 Filed 11-1-85; 8:45 am] corporate securities on an explicit fee “reasonably be expected to produce BILLING CODE 6210-01-M basis. The securities brokerage activities benefits to the public, such as greater of the Bank consist solely of the taking convenience, increased competition, or of orders, and do not include the gains in efficiency, that outweigh DEPARTMENT OF HEALTH AND execution of any trades. The personnel possible adverse effects, such as undue HUMAN SERVICES of the securities brokerage section are Concentration'of resources, decreased or unfair competition, conflicts of interests, trained riot to provide, and do not Food and Drug Administration or unsound banking practices.” Id ' provide, investment advice.4 In this regard, comment is requested The services presently provided by [Docket No. 80N-0012; DES110826] concerning whether the provision the fixed-income section of the Bank’s Drugs for Human Use; Drug Efficacy through the same subsidiary of Financial Services Division will be transferred to SIC. The fixed-income Study Implementation; Certain Topical securities brokerage services and Anti-Infective Drug Product; section handles the purchase and sale of investment advice solely with respect to Withdrawal of Approval of New Drug U.S. government securities and agency government obligations and money Application market instruments is closely related to securities, municipal bonds, and unit banking on the basis that: (1) Banks investment trust shares. The personnel AGENCY: Food and Drug Administration. have generally in fact provided the of the fixed-income section do not a c t io n : Notice. proposed services: (2) banks generally provide investment advice on an explicit provide services that are so-similar to fee basis. They answer questions and s u m m a r y : The Food and Drug the proposed services as to equip them provide customers with information on Administration (FDA) is withdrawing particularly well to provide the current market yields, existing and approval of pertinent parts of the new proposed services: or (3) banks proposed offerings' determinations by drug application (NDA) for Gortisporin generally provide services that are so rating agencies, and similar data. Cream. There is a lack of substantial integrally related to the proposed Advice or recommendations as to evidence that the product is effective in services as to require their provision in specific fixed-income securities is not the treatment of the various a specialized form. These guidelines for provided. dermatologic disorders for which it is determining whether an activity is The Bank’s securities brokerage and labeled. A reformulation of the product closely related to banking are set out in fixed-income activities are conducted by has been approved as safe and effective. National Courier Association v. B o a rd separate personnel. The personnel of EFFECTIVE DATE: December 4,1985. of Governors o f the Federal Reserve each section are located in a distinct System, 516 F.2d 1229 (D.C. Cir. 1975). In a d d r e s s : Requests for an opinion of the and separately identifiable portion of addition, the Board may consider any applicability of this notice to a specific the premises of the Financial Services other basis that may demonstrate that product should be identified with the Division, and do not have access to the activity has a reasonable or close DESI number 10826 and directed to the information concerning the products of relationship to banking or managing or Division of Drug Labeling Compliance the other section. controlling banks. Board Statement (HFN-310), Center for Drugs and Regarding Regulation Y, 49 FR 813 Any views or requests for hearing Biologies, Food and Drug (1984). should be submitted in writing and Administration, 5600 Fishers Lane, Comment also is requested on received by William W. Wiles, Rockville, MD 20857. whether the proposal would be a proper Secretary, Board of Governors of the FOR FURTHER INFORMATION CONTACT: incident to banking, that is, whether the Federal Reserve System, Washington, Judy O’Neal, Center for Drugs and performance of the activity may D.C. 20551, not later than December 1, Biologies (HFN-366), Food and Drug reasonably be expected to produce 1985. Any request for a hearing must, as Administration, 5600 Fishers Lane, benefits to the public that outweigh required by § 262.3(e) of the Board’s Rockville, MD 20857, 301-443-3650. Rules of Procedure, 12 CFR 262.3(e), be possible adverse effects. SUPPLEMENTARY INFORMATION: In a Comment also is requested on accompanied by a statement of why a notice of opportunity for hearing whether conditions should be written statement would not suffice in published in the Federal Register of established to ameliorate any possible lieu of a hearing, identifying specifically September 25,1981 (46 FR 47408), the adverse effects, in addition to, or as any questions of fact that are in dispute, Director of the Bureau of Drugs (now the modifications of, the commitment summarizing the evidence that would be Center for Drugs and Biologies)' already offered by Applicant. Applicant presented at a hearing, and indicating proposed to withdraw approval of has committed that the securities how the party commenting would be NDA’s for certain topical anti-infective brokerage activities to be provided by aggrieved by approval of the proposal. drug products. The proposal was based SIC will be provided in exactly the same on the lack of substantial evidence of manner as currently provided by the 4 The Bank’s securities brokerage customers can effectiveness as required by section Financial Services Division of Sovran purchase for a separate fee certain types of 505(e) of the Federal Food, Drug, and Bank, N.A. (“Bank”), a wholly-owned advisory services from the registered broker-dealer that acts as the clearing agent for all of the Bank’s Cosmetic Act (21 U.S.C. 355(e)) and 21 subsidiary of Sovran. The Financial securities brokerage trades. The Bank does not, CFR 314.126, previously 314.111(a)(5). In Services Division has an Investor however, receive any portion of this fee. response to the notice, Burroughs 45874 Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Notices

Wellcome Co., Inc,, filed a hearing [Docket No. 85F-0484] complete paragraph, “approved" should request for the following product: have read "unapproved”. NDA 50-21:8; Cortisporin Cream Moore and Munger Marketing, Inc.; BILLING COOE 1505-01-M containing neomycin sulfate EQ 3.5 Filing of Food Additive Petition milligrams (mg! base/gram, polymyxin B sulfate 10,000 units, gramicidin .25 mg, a g e n c y : Food and Drug Administration. Health Resources and Services and hydrocortisone, 0.5 percent; Administration Burroughs Wellcome Co., Inc., 3030 a c t io n : Notice. Adyisory Committee; Meeting Cornwallis Rd., Research Triangle Park, NC 27749. s u m m a r y : The Food and Drug In accordance with section 10(a)(2) of In a notice published in the Federal Administration (FDA) is announcing the Federal Advisory Committee Act Register of April 17,1985 (50 FR 15228), that Moore and Munger Marketing, Inc., (Pub. L. 92-463), announcement is made FDA announced conditions for approval has filed a petition proposing that the of the following national advisory body and marketing of a reformulation of the food additive regulations be amended to scheduled to meet during the month of product that omits gramicidin. FDA provide for the safe use of synthetic November, 1985: subsequently approved a supplemental paraffin-components for food-contact Name: Task Force on Organ NDA providing for the reformulated use. product. Transplantation. Burroughs Wellcome has since FOR FURTHER INFORMATION CONTACT: Date and Time: November 18-19,1985 9:00 withdrawn its healing request for the Julius Smith, Center for Food Safety and a.m. gramicidin-containing formulation. Applied Nutrition (HEF-335), Food and Place: Crowne Plaza, 1750 Rockville Pike, Accordingly, FDA is now withdrawing Drug Administration, 200 C St. SW., Rockville, Maryland 20852. approval of those parts of NDA 50-218 Washington, DC 20204, 202-472-5690. The entire meeting is open to the public. pertaining to Cortisporin Cream Purpose: The Task Force on Organ SUPPLEMENTARY INFORMATION: Under containing gramicidin, described above. Transplantation is required to conduct the Federal Food, Drug, and Cosmetic comprehensive examinations of the medical, Any drug product that is identical, Act (sec. 409(b)(5), 72 Stat. 1786 (21 legal, ethical economic, and social issues related, or similar to this product and is U.S.C. 348(b)(5))), notice is given that a presented by human organ procurement and not the subject of an approval NDA is petition (FAP 5B3891) has been filed by transplantation; including an assessment of covered by NDA 50-218 and is subject Moore and Munger Marketing, IncM 140 immunosuppressive medications used to to this notice (21 CFR 310,6). Any person Sherman St., Fairfield, CT 06430, prevent organ rejection in transplant patients. who wishes to ■determine whether a proposing that § 175.250 Paraffin Reports on these -issues are required to b<° specific product is covered 'by this (syntheticj (21 CFR 175.250) be amended submitted to the Department of Health and notice should write to the Division of to provide for the safe use of synthetic Human Services and the Congress later this Drug Labeling Compliance at the year. address given above. paraffin components for food-contact use. Agenda: Status report on progress The Director of the Center for Drugs regarding factors -involved in reimbursement and Biologies, under the Federal Food, The potential environmental impact of and designation of transplant programs. Drug, and Cosmetic Act (sec. 505, 52 this action is being reviewed. If the Discussions -of (1) the Task Force statement Stat. 1052-1053 as amended (21 U.S.C. agency finds that an environmental on the commercialization of organs for 355)) and under authority delegated to impact statement is not required and transplantation; (2) organ procurement him (21 CFR 5J82) finds that, on the basis this petition results in a regulation, the systems in the US.; (3) implementation of a of new Information before him with notice of availability of the agency’s grant program for organ procurement respect to the product, evaluated finding of no significant impact and the organizations; and (4) the feasibility of together with the evidence available to evidence supporting that finding will be establishing a national registry of living cagan him when the application was approved, published with the regulation in the donors. there is a lack of substantial evidence Federal Register in accordance with 21 Public comment will begin at 4:00 pm. on that the product will have the effect it CFR 25.40(c), as published in the Federal November 18. Anyone wishing to make a purports or is represented to have under Register of April 26,1985 (50 FR 16636). statement, please notify Linda D. Sheaffer, the conditions of use prescribed, Dated: October 28,1985. Executive Director, so that these may be recommended, or subjected in its scheduled. labeling. Sanford A. Miller, Anyone wishing to obtain a roster of Therefore, pursuant to the foregoing Director, Center for Food Safely and Applied members, minutes of meetings, or other finding, approval of those parts of NDA Nutrition. relevant information should write to or 50-218 that provide for Cortisporin contact Ms. Linda D. 'Sheaffer, Executive [FR Doc. 85-26205 Piled 11-1-85; 8:45 am] Cream containing gramicidin and all the Director, Office of Organ Procurement and BILLING CODE 4160-01-M amendments and supplements for that Transplantation, Office of the Administrator, product is withdrawn effective Health Resources and Services December 4,1985. Shipment in interstate [Docket No. 85D-0291] Administration, Room 17-80, Parklawn commerce of the product above or any Building, 5600 Fishers Lane, Rockville, MD identical, related, or similar product that Guidance for the Emergency Use of 20857, telephone (301) 443-5911. is not the subject of a© approved new Unapproved Medical Devices; Agenda items are subject to change as drug application will then be lawful. Availability priorities dictate. Bated: October 28,1985. Dated: October 30,1985. Paul Parkman, Correction Jackie E. Baum, Acting Director, Center fo r Drugs and In FR Doc. 85-25063, beginning on A dvisory Committee Management Officer, Biologies. page 42866 in the issue of Tuesday, HRSA. [FR Doc. 85-26207 Filed 11-1-85; 8:45 am] October 22,1985, on page 42866, second [FR Doc. 85-26251 Filed 11-1-85:8:45 am] BILUNG CODE 4160-01-M column, sixteenth line of the second BILLING CODE 4460-16-M Federal Register / Vol. 50, No, 213 / Monday, November 4, 1985 / Notices 45875

DEPARTMENT OF THE INTERIOR Mount Diablo Meridian, Inyo County Shoshone District Advisory Council; Mount Diablo Meridian, Lassen County Meeting Bureau of Land Management San Bernardino Meridian, San AGENCY: Bureau of Land Management [Groups 837; 818; and 857 California) Bernardino County (BLM); Interior. Filing of Plat of Survey; California (See legal description below) ACTION: Notice of meeting.

October 24.1985. 2. These plats, representing: SUMMARY: This notice sets for the 1. These plats of the following a. The metes-and-bounds survey of schedule and proposed agenda for a described land will be officially filed in Tracts 37, 38, and 39, in unsurveyed meeting of the Shoshone District the California State Office, Sacramento, Township 15 North, Range 6 East, Advisory Council. Humboldt Meridian, under Group No. California immediately; DATE: Thursday, December 5,1985, at 870, California, was accepted September San Bernardino Meridian, San Diego 9:00 a.m. County; Mount Diablo Meridian, Inyo 26,1985. This survey was executed to County; Humboldt Meridian, Del Norte meet certain administrative needs of the ADDRESS: BLM District Office, 400 West County; (See legal description below). Bureau of Indian Affairs and the Bureau F Street, Shoshone, Idaho 83352. 2. These plats representing: of Land Management. FOR FURTHER INFORMATION CONTACT: a. The dependent resurvey of a b. The dependent resurvey of a Jon Idso, ADM for Resources, Shoshone portion of the subdivisional lines, and portion of the subdivisional lines, a District Office, P.O. Box 2 B, Shoshone, the survey of the subdivision of section portion of Mineral Survey No. 5827, and Idaho 83352. Telephone (208) 886-2206 or 34, Township 19 South, Range 37 East, the retracement of a portion of Mineral FTS 554-6576. and the dependent resurvey of a portion Survey No. 6844, and the survey of the SUPPLEMENTARY INFORMATION: The of the north boundary, and a portion of subdivision of section 20, and the metes- proposed agenda for the meeting the subdivisional lines, Township 20 and-bounds survey of a portion of includes the following item: Review of South, Range 37 East, Mount Diablo Buckhorn Ridge Road, Township 7 Box Canyon ACEC Management Plan Meridian, under Group No. 837, North, Range 13 East, Mount Diablo and any related project proposals. California, were accepted September 20, Meridian, under Group No 896, The Shoshone District Advisory 1985. California, was accepted October 2, Council is established under Section 309 b. The dependent resurvey of the east 1985, plat in two (2) sheets. of the Federal Land Policy and and north boundaries and a portion of c. The corrective dependent resurvey Management Act of 1976 (Pub. L. 94-579; the subdivisional lines, Township 12 of a portion of the subdivisional lines, 43 U.S.C. 1701 et seq.) as amended. North, Range 3 East, Humboldt and the dependent resurvey of a portion Operation and administration of the Meridian, under group No. 818, of the subdivisional lines, and the Council will be in accord with the California was accepted September 25, metes-and-bounds survey of Tracts 37A Federal Advisory Committee Act of 1972 1985. and 43, Township 33 North, Range 12 (Pub. L. 92-463; 5 U.S.C. Appendix 1) c. The dependent resurvey of a East, and the corrective dependent and Department of Interior regulations, portion of the subdivisional lines, and resurvey of the south boundary, a including 43 CFR Part 1784. the survey of the subdivision of section dependent resurvey of the west The meeting will be open to the 14, Township 10 South, Range 1 East, boundary, a portion of the east and public. Anyone may present an oral San Bernardnio Meridian, under Group north boundaries, and a portion of the statement before the Council between 857, California, was accepted September subdivisional lines, and the survey of 9:00 and 10:00 a.m. or may file a written 25,1985. the subdivision of certain sections, statement with the Council regarding 4. These plats were executed to meet Township 34 North, Range 12 East, matters on the agenda. Oral statements certain adminstrative needs of the Mourit Diablo Meridian, under Group will be limited to ten minutes, Anyone Bureau of Land Management and the No. 736, California, were accepted wishing to make an oral statement Department of Agriculture, U.S. Forest October 2,1985. Service. should notify the Shoshone District d. The dependent resurvey of a Manager by December 4,1985. Records 5. All inquiries relating to this land portion of the subdivisional lines, and of the meeting will be available in the should be sent to the California State the survey of the subdivision of section Shoshone District Office for public Office, Bureau of Land Management, 10, Township 1 South, Range 3 West, inspection or copying within 30 days Federal Office Building, 2800 Cottage San Bernardino Meridian, under Group after the meeting. Way, Room E-2841, Sacramento, No. 867, California, was accepted California 95825. Charles J. Haszier, October 3,1985. District Manager. Herman J. Lyttge, 4. These plats were executed to meet [FR Doc. 85-26215 Filed 11-1-85; 8:45 am] Chief Records and Information Section. certain administrative needs of the BILLING CODE 4310-GG-M [FR Doc. 85-26216 Filed 11-1-85; 8:45 am] Bureau of Land Management and the Bureau of Indian Affairs. BILLING CODE 4310-40-M 5. All inquiries relating to this land Ukiah District Office; Geothermal should be sent to the California State Resource Area; Geysers-Calistoga, [Groups 870, 896, 867] Office, Bureau of Land Management, California; Deletion of Lands; Federal Office Building, 2800 Cottage Correction California; Filing of Plat of Survey Way, Room E-2841, Sacramento, California 95825. AGENCY: Bureau of Land Management, October 24,1985. Interior. 1. These plats of the following Herman J. Lyttge, a c t io n : Deletion of lands from the described land will be officially filed in Chief Records &■ Information Section. Geysers-Calistoga Known Geothermal the California State Office, Sacramento, [FR Doc. 85-26218 Filed 11-1-85; 8:45 am] Resources Area; Correction. California immediately: BILLING CODE 4310-40-M 45876 Federal Register / VoL 50, No. 213 / Monday, November 4, 1985 / Notices

SUMMARY: This document corrects the This notice is filed under 49 CFR authorizes the Licensee to posses and legal description and acreage of lands 1180.2(d)(7). Petitions to revoke the use radioactive materials in accordance deleted from the Geysers-Calistoga exemption under 49 U.S.G. 10505(d) may with specified conditions. KGRA, as described on page 31253, be filed at any time. The filing of a On February 6,1985, the Regional columns 1 and 2, Federal Register of petition to revoke will not stay the Administrator, Region I, pursuant to Thursday, August 1,1985 (50 FR 31253). transaction. section 234 of the Atomic Energy Act of Page 31253, column 2, FR Document Dated: October 29,1985. 1954, as amended (42 U.S.C. 2282), and 85-18227 is corrected as follows: 10 CFR 2.205 of the Commission's 1. Delete line 2, which reads “Sec. 8.” By the Commission, Herbert P. Hardy* Director, Office of Proceedings. regulations;, served upon the Licensee a 2. On line 3, change “Secs. 16-36" to James H. Bayne, Notice of Violation and Proposed read “Secs. 16,17, 26-36.” Secretary. Imposition of Civil Penalties (Notice). 3. Delete line 7, which reads “Secs. 13-17.” (FR Doc. 85-26241 Filed 11-1-85: 8:45 am] The Notice alleged that violations of Commission requirements had occurred 4. On line 8, change “Secs. 21-27” to BILUNG CODE 7Q3S-01-M read “Secs. 25-27.'” and set forth cumulative civil penalties to be assessed equally among the 5. On line 20, change “90,368.84 acres" [Docket No. AB-63 (Sub-No. 7)] to read “88,331.28 acres.” violations. The violations were identified as a result of two inspections 6. Below Line 37, which reads ‘‘Mount Maine Central Railroad C04 of the Licensee’s activities conducted on Diablo Meridian, California”, insert “T. Abandonment in Penobscot, Hancock, October 18-19,1984 and January 10 and 8 N., R. 6 W., Sec. 6.” and Washington Counties, ME; 16,1985, at the Licensee’s facility 7. Below line 39, which reads “Secs. Findings 30,* 31.” insert “T. 8 N., R. 7 W., Sec. 1.” located in Laurys Station, Pennsylvania, 8. On line 46, change “northwesterly” The Commission has issued a and at field sites located in Bethlehem, to read “northeasterly." certificate authorizing Maine Central Pennsylvania, and Lebanon, New Jersey. 9. On line 49, change “9,034.24 acres” Railroad Company to abandon its The Licensee responded to the Notice to read “9,055.17.” 126.92-mile rail line between Brewer by letters dated February 21 and 26, FOR FURTHER INFORMATION CONTACT: (milepost 139.99) and St. Croix Junction, 1985, and April 10,1985. After Doug Koza, Division of Mineral at Calais (milepost 266.91) in Penobscot, consideration of the Licensee’s Resources, Bureau of Land Management, Hancock, and Washington Counties, response, the Director, Office of 2800 Cottage Way, Sacramento, ME. The abandonment certificate will Inspection and Enforcement, issued an California 95825, (916) 978-4737. become effective 30 days after this Order Imposing Civil Monetary publication unless the Commission also Penalties on August 7,1985 (50 FR 33130, Dated: October 21,1985. finds that: (1) A financially responsible August 16,1985), in the total amount of Van Manning, person has offered financial assistance $5,000.00. By letter dated August 16, District Manager. Ukiah. (through subsidy or purchase) to enable 1985, the Licensee requested a hearing. (FR Doc. 85-26291 Filed 11-1-85; 8:45 am] the rail service to be continued; and (2) Pursuant to the Atomic Energy Act of BILLING CODE 4310-4O-M it is likely that the assistance would 1954, as amended, and the regulations in fully compensate the railroad. Title IQ, Code of Federal Regulations, Any financial assistance offer must be Part 2, notice is hereby given that a INTERSTATE COMMERCE filed with the Commission and the hearing will be held before and at a time COMMISSION applicant no later than 10 days from to be set by the Honorable Ivan W. publication of this Notice. The following [Finance Docket No. 30728] Smith, Administrative Law Judge, who notation shall be typed in bold face on has been appointed by the Chairman of The Denver and Rio Grande Western the lower left-hand corner of the the Atomic Safety and Licensing Board Railroad Co.; Trackage Rights envelope containing the offer: “Rail Panel to preside over the hearing. Section, AB-OFA". Any offer previously Exemption; Union Pacific Railroad; The issues before the Administrative made must be remade within this 10-day Exemption Law Judge to be considered and decided period. shall be: The Denver and Rio Grande Western Information and procedures regarding Railroad Company (DRGW) and Union financial assistance for continued rail (a) Whether the licensee violated the Pacific Railroad Company (UP) have service are contained in 49 U.S.C. 10905 Commission’s requirements as set forth entered into a joint trackage rights and 49 CFR 1152.27(b). in the February 6,1985, Notice of agreement as follows: (1) For DRGW to James H. Bayne, Violation and Proposed Imposition of Civil Penalty; and operate trains in bridge service over UP Secretary. (b) Whether the August 7,1985, Order trackage between the stations In Salt (FR Doc. 85-26370 Filed 11/1/85; 8:45 am] Imposing Civil Monetary Penalties Lake City known as Grant Tower, BILLING CODE 7035-01-4M milepost 782.7, and North Salt Lake, should be sustained. milepost 787.5, and Ogden, milepost Pursuant to 10 CFR 2.705, an answer 817.59, and (2) for UP to operate trains in NUCLEAR REGULATORY to this Notice may be filed by the bridge service over DRGW trackage COMMISSION Licensee not later than 20 days from the between Provo, milepost 700.82, and date of publication of this Notice in the Geneva, milepost 707.04, and the (License No. 37-23370-01 EA 85-01] Federal Register. stations in Salt Lake City known as North American Inspection, Inc,; Order A prehearing conference will be held Grant Tower,, milepost 745.5, and North by the Administrative Law Judge at a Salt Lake, milepost 750.3. A total North American Inspection, Inc., P.O. date and place to be set by file distance in (1) and (2) above of Box 88, Laurys Station, Pennsylvania Administrative Law Judge to consider approximately 84.37 miles, in Utah. This 18059, (the Licensee) of Laurys Station, pertinent matters in accordance with the trackage rights agreement became Pennsylvania, is the holder of NRG Commission’s Rules of Practice. The effective October 22,1985. License No. 37-23370-01 which date and place of hearing will be set at, Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Notices 45877 or after the prehearing conference and also be purchased at current rates from nominal center-to-center cell spacing of noticed in the Federal Register. the National Technical Information 9.0 inches. The modules consist of 962 Required papers shall be filed by mail Service, Department of Commerce, 5285 cells with useable capacity of 728 or telegram addressed to the Secretary Port Royal Road, Springfield, Virginia storage locations. of the Commission, U.S. Nuclear 22161, and from the Superintendent of Region II is reserved for fuel that has Regulatory Commission, Washington, Documents, U.S. Government Printing sustained at least 85% of its design burn- D.C. 20555, Attention: Chief, Docketing Office, Post Office Box 37082, up. The spent fuel rack design is based and Service Branch, or by delivery to Washington, D.C. 20013-7982 or by on criticality acceptance criteria the Commission’s Public Document calling (202) 275-2060 or (202) 275-2171. specified in Revision 2 of Regulatory Room, 1717 H Street NW., Washington, Dated at Bethesda, Maryland, this 25th day Guide 1.13 which allows credit for D.C. 20555. of October 1985. reactivity depletion in spent fuel. Pending further order of the For the Nuclear Regulatory Commission. (Previously, the physics criteria for fuel Administrative Law Judge, parties are John A. Zwolinski, stored in the spent fuel pool were required to file, pursuant to the Chief, Operating Reactors Branch No. 5, defined by the maximum unirradiated provisions of 10 CFR 2.708, an original Division of Licensing. initial enrichment of the fuel). Fuel and two (2) copies of each document [FR Doc. 85-26289 Filed 11-1-85; 8:45 am] assemblies are stored in a three-out-of- with the Commission. Pursuant to 10 four logic pattern. The fourth location of CFR 2.785, the Commission authorizes BILLING CODE 7590-01-M the storage configuration.remains empty an Atomic Safety and Licensing Appeal to provide the flux trap to maintain the Board to exercise the authority and [Docket No. 50-336] required reactivity control. Blocking perform the review functions which devices will be used to prevent would otherwise be exercised and Northeast Nuclear Energy Co. et at.; inadvertent placing of a fuel assembly in performed by the Commission. The Consideration of Issuance of the fourth location. Appeal Board will be designated Amendment to Facility Operating pursuant to 10 CFR 2.787, and notice as License and Proposed No Significant The spent fuel racks in both regions to membership will be published in the Hazards Consideration Determination are fabricated from 304 stainless steel Federal Register. and Opportunity for Hearing which is 0.135 inches thick. Each cell is formed by welding along the intersecting It is so ordered. The U.S. Nuclear Regulatory seams. This enables each spent fuel rack Dated in Washington, D.C. this 30th day of Commission (the Commission) is October, 1985. module to become a free-standing considering issuance of an amendment For the Commission. module that meels the seismic design to Facility Operating License No. DPR- requirements without mechanical Samuel J. Chilk, 65, issued to Northeast Nuclear Energy dependence on neighboring modules or Secretary o f the Commission. Company (the licensee), for operation of fuel pool walls for support. The rack [FR Doc. 85-26287 Filed 11-1-85; 8:45 am] the Millstone Nuclear Power Station, modules are classified ANS Safety Class BILLING CODE 7590-01-M X Unit 2, located in New London County, III and Seismic Category I. Connecticut. Both regions of the spent fuel pool The amendment would authorize the [Docket No. 50-245] have been designed to store fuel licensee to increase the spent fuel pool assemblies in a safe, coolable, storage capacity from 667 to 1112 Northeast Nuclear Energy Co.; subcritical configuration with Keff less storage locations.'The proposed Availability of Safety Evaluation than or equal to 0.95. Report for Millstone Nuclear Power expansion is to be achieved by The racks have been designed and Station, Unit No. 1 Full-Term Operating reracking the spent fuel pool with a will be provided by Combustion License combination of poison racks and non- poisori racks in a two-region Engineering, Inc, (CE). CE racks of this Notice is hereby given that the arrangement. type have been most recently licensed Nuclear Regulatory Commission’s Office Region I consists of two 8x9 modules by the NRC for use at Florida Power and of Nuclear Reactor Regulation has and three 8x10 modules and would store Light Company’s St. Lucie Plant and at published its Safety Evaluation Report high-enrichment, core off-load Arizona Public Services Company’s Palo on the proposed conversion of assemblies. The region consists of Verde nuclear plants. This amendment Provisional Operating License No. DPR- poisoned spent fuel racks with a was requested in the licensee’s 21 to a Full-Term Operating License for nominal center-to-center cell spacing of application for amendment dated July Millstone Nuclear Power Station, Unit 9.8 inches. Fuel assemblies would be 24,1985. No. 1 located in New London County, stored in every location. The five The additional assemblies that can be Waterford, Connecticut. Notice of modules of Region I total 384 storage stored will have a lower heat generation Consideration of Issuance of Full-Term locations and are designed to rate and radioactivity content than the Operating License was published in the accommodate 1.7 reactor cores of high assemblies currently allowed to be Federal Register on November 28,1972 enrichment nuclear spent fuel. stored. However, the increase in the (37 FR 25187). The spent fuel rack design for Region I total number of assemblies that can be The report is being referred to the is based upon the commonly accepted stored will increase the total fuel pool Advisory Committee on Reactor physics principle of a "neutron flux heat load and radioactivity content but Safeguards and is being made available trap" with the use of neutron absorber only by a small amount. The at the Commission’s Public Document materials. The racks are designed to replacement spent fuel storage rack Room, 1717 H Street NW., Washington, store Millstone 14x14 fuel with an initial modules are freestanding without D-C. 20555, and at the Local Public enrichment of 4.5 weight percent U-235. depending on neighboring modules or Document Room, Waterford Public The poison material to be used is the fuel pool walls for support. Racks of Library, 49 Rope Ferry Road, Waterford, Boraflex. similar design have been licensed at Connecticut 06385, for inspection and Region II consists of 14 modules of other nuclear facilities. The use of two copying. The report (NUREG-1143) can non-poisoned spent fuel racks with diverse regions is not unique and two 45878 Federal Register / VoL 50, No. 213 / Monday, November 4, 1985 / Notices region spent full pools have been consequences of this accident type will the consequences of this type accident previously approved by the Commission. remain well within 10 CFR Part 100 will not be significantly increased from The technical evaluation of whether guidelines. previous accident evaluations by this or not an increased spent fuel pool There is, however, an increase in the proposed reracking. storage capacity involves significant value of the 2-hour whole body dose at The consequences of a load handling hazards consideration is centered on the site exclusion boundary for a accident have been evaluated. The work three standards: postulated cask drop accident. The new to be done in the spent fuel pool will be racks increase the storage density of A. First Standard performed in accordance with accepted spent fuel within the distance L of the construction practices, standards, and Involve a significant increase in the cask set-down area. This results in a procedures. The consequences of this probability or consequences of an accident calculated increase of the 2-hour whole type accident will not be significantly previously evaluated. body dose from 140 millirem to 240 increased from previous accident The licensee’s safety analysis of the millirem, an increase of 100 millirem. In evaluations by this proposed reracking. proposed reracking has been review of this submittal, the licensee has Therefore, it is shown that the proposed accomplished using current NRC Staff recognized this increase and has Millstone Unit 2 spent fuel rack accepted Codes and Standards. The designated it an unreviewed safety replacement will not involve a results of the safety analysis question. The calculated dose is well significant increase in the probability or demonstrate that the proposal meets the within the guidelines specified by 10 consequences of an accident previously specified acceptance criteria set forth in CFR Part 100 and, as such, the evaluated. consequences of this type of accident these standards. In addition, the B. Second Standard licensee has reviewed NRC Staff SE for will not be significantly increased from prior spent fuel pool rerackings previously evaluated events. Created the possibility of a new or involving spent fuel pool rack The consequences of the loss of spent different kind of accident from any accident replacements to ensure that there are no fuel pool forced cooling accident have previously evaluated. been evaluated and are described in the identified concerns not fully addressed. The licensee has evaluated the licensee’s safety analysis. There is The licensee has identified no such proposed rack replacement in ample time to effect repairs of the concerns. accordance with the “NRC Position for cooling system or to establish makeup The licensee has identified the Review and Acceptance of Spent Fuel flow to the spent fuel pool. The following potential accident scenarios: Storage and Handling Applications," consequences of this type accident will (1) Spent fuel cask drop; (2) loss of spent appropriate NRC Regulatory Guides, not be significantly increased from fuel pool forced cooling; (3) seismic appropriate NRC Standard Review Plan previously evaluated accidents by this event; (4) spent fuel assembly drop; (5) sections, and appropriate industry proposed reracking. criticality accidents: and (6) Load Tlie consequences of a seismic event Codes and Standards. In addition, the Handling Accident. The probability of have been evaluated against the licensee has reviewed the NRC SE for the occurrence of any of the first four appropriate NRC standards, The results the previous Millstone Unit 2 spent fuel listed accidents is not affected by the of the seismic and structrual analysis rack replacement application and for racks themselves; thus, reracking cannot show that the proposed racks meet all of other prior spent fuel pool rerackings. increase the probability of these the NRC structural acceptance criteria The change to a two-region spent fuel accidents. and are consistent with results found pool creates the requirement to perform All potential events which could acceptable by the NRC Staff in previous additional evaluations to ensure the involve accidental criticality have been posion rerack SEs. Thus, the critically requirement is maintained. examined in the licensee’s safety consequences of seismic event will not These include the evaluation of the analysis. It was concluded that the , significantly increase from previously limiting condition (dropping a fresh fuel bounding accident was dropping an evaluated seismic events. assembly into a blocked fourth location unirradiated fuel assembly into a The consequences of a spent fuel in Region II). This evaluation shows blocked fourth location in Region II. The assembly drop accident are described in that, when the boron concentration probability of dropping a fuel assembly section 14.19 of the Millstone Unit 2 requirement is met per the proposed during fuel movement operations is not FSAR. A complete list of assumptions is Technical Specifications, the criticality affected by the fuel storage racks. provided in FSAR Table 14.19-1. Results criterion is satisfied. Although this The proposed Millstone Unit 2 spent of the analysis are well below the limits change does create the requirement to fuel pool reracking will not involve an of 10 CFR Part 100 and are presented in address additional aspects of a increase in probability of any previously Section 14.19.3. The consequences of previously analyzed accident, it does evaluated load handling accident as this type accident will not be not create the possibility of a previously accepted standards and procedures will significantly increased from previously unanalyzed accident. be utilized as described in the licensee’s evaluated accidents by this proposed C. Third Standard safety analysis. reracking. The consequences of the spent fuel The consequences of a criticality Involve a significant reduction in a cask drop accident have been evaluated accident have been evaluated for all margin of safety. as described in sections 5.4 and 9.8 of potential events which could involve The issue of “margin of safety," when the Millstone Unit 2 Final Safety accidental criticality. The bounding applied to a spent fuel rack replacement, Analysis Report (FSAR). By controlling criticality accident was found to be the includes the following considerations: the decay time for fuel stored within a dropping of a fresh fuel assembly into a a. Nuclear criticality considerations. specified distance from the cask set- blocked fourth location in Region II. b. Thermal hydraulic considerations. down area to not less than 120 days Administrative controls in the form of a c. Mechanical, material, and structural prior to cask movement together with an Technical Specification of minimum considerations. administrative control specifying a boron concentration for the water of the The margin of safety that has been minimum required boron concentration spent fuel pool will preclude the established for nuclear criticality is that in the water of the spent fuel pool, the bounding criticality accident; therefore, the neutron multiplication factor {K en) in Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Notices 45879 the spent fuel pool is to be less than or Standard Review Plan sections, and of the Atomic Safety and Licensing equal to 0.95, including all uncertainties, position papera, and appropriate Board Panel, will rule on the request under all conditions. For the proposed industry Codes and Standards, as well and/or petition and the Secretary or the modification, the criticality analysis is as to Seismic Category I requirements. designated Atomic Safety and Licensing described in the licensee’s safety The materials utilized are compatible Board will issue a notice of hearing or analysis. The methods utilized in the with the spent fuel pool and the spent an appropriate order. analysis conform with ANSI N210-1976, fuel assemblies. The conclusion of the As required by 10 CFR 2.714, a "Design Objectives for LWR Spent Fuel analysis is that the margin of safety is petition for leave to intervene shall set Storage Facilities at Nuclear Power not significantly reduced by the forth with particularity the interest of Stations”; ANSI N16.9-1975, “Validation proposed reracking. the petitioner in the proceeding and how of Calculational Methods for Nuclear In summation, it has been shown that that interest may be affected by the Criticality Safety”; the NRC guidance, Northeast Nuclear Energy Company’s results of the proceeding. The petition “NRC Position for Review and proposed spent fuel storage facility should specifically explain the reasons Acceptance of Spent Fuel Storage and modifications and proposed technical why interevention should be permitted Handling Applications” (April 1978), as specifications do not: with particular reference to the modified (January 1976); and Regulatory 1. Involve a significant increase in the following factors: (1) The nature of the Guide 1.13, "Spent Fuel Facility Design probability or consequences of an petitioner’s right under the Act to be Basis,” proposed Revision 2. The accident previously evaluated; or made a party to the proceeding; (2) the computer programs, data libraries, and 2 . Create the possibility of a new or nature and extent of the petitioner's benchmarking data used in the different kind of accident from any property, financial, or other interest in evaluation have been used in previous accident previously evaluated; or the proceeding; and (3) the possible spent fuel rack replacement applications 3. Involve a significant reduction in a effect of any order which may be by other NRC licensees and have been margin of safety. entered in the proceeding on the reviewed and approved by NRC. The Because the licensee’s submittal and petitioner's interest. The petition should results of the licensee’s analysis indicate the above discussion by the licensee also identify the specific aspect(s) of the thta is less than or equal to 0.95 appear to demonstrate that the subject matter of the proceeding as to under all postulated conditions, standards specified in 10 CFR 50.92 are which petitioner wishes to intervene. including uncertainties, at a 95/95 met, and because reracking technology Any person who has filed a petition for probability/confidence level. Thus, has been well developed and leave to intervene or who has been meeting the acceptance criteria for demonstrated, the Commission proposes admitted as a part may amend the criticality, the proposed reracking does to determine that operation of the petition without requesting leave of the not involve a significant reduction in the facility in accordance with the proposed Board up to fifteen (15) days prior to the margin of safety for nuclear criticality. amendment does not involve a first prehearing conference scheduled in For thermal hydraulics, the relevant significant hazards consideration. the proceeding, but such an amended considerations for evaluating if there is The Commission is seeking public petition must satisfy the specificity a significant reduction in margin of comments on this proposed requirements described above. • safety are: (1) Maximum fuel determination. Any comments received Not later than fifteen (15} nays prior to temperature, and (2) the increase in within 30 days after the date of the first prehearing conference temperature of the water in the pool. publication of this notice will be scheduled in the proceeding, a petitioner The licensee’s thermal hydraulic considered in making any final is required to file a supplement to the evaluation shows that fuel cladding determination. The Commission will not petition to intervene which must include temperatures under abnormal conditions normally make a final determination a list of the contentions which are are sufficiently low to preclude unless it receives a request for a sought to be litigated in the matter, and structural failure and that boiling does hearing. the bases for each '.001001100 set forth not occur in the water channels between Comments should be addressed to the with reasonable specificity, pursuant to the fuel assemblies nor within the Rules and Procedures Branch, Division 10 CFR 2.714(b). Contentions shall be storage cells. However, the proposed of Rules and Records, Office of limited to matters within the scope of rack replacement will result in an Administration, U.S. Nuclear Regulatory the amendment under consideration. A increase in the maximum heat load in Commission, Washington, D.C. 20555. petitioner who fails to file such a the Millstone Unit 2 spent fuel pool. The By December 4,1985, the licensee may supplement which satisfies these licensee’s safety analysis shows that the file a request for a hearing with respect require me: its with respect to at least one maximum temperature will not exceed to issuance of the amendment to the contention will not be permitted to the current margin of safety (150 °F). For subject facility operating license and participate as a party. the maximum normal heat load case . any person whose interest may be The Commission hereby provides (full-core discharge at 150 hr after affected by this proceeding and who notice that this proceeding is on an shutdown, which fills the spent fuel pool wishes to participate as a party in the application for a license amendment to its capacity), the pool temperature proceeding must file a written petition falling within the scope of Section 134 of will not exceed 150 °F. Thus, there is no for leave to intervene. Request for a the Nuclear Waste Policy Act of 1982 significant reduction in the margin of hearing and petitions for leave to (NWPAj, 42 U.S.C. 10154. Under section safety from a thermal hydraulic intervene shall be filed in accordance 134 of the NWPA, the Commission, at standpoint or from a spent fuel pool with the Commission’s “Rules of the request of any petitioner or party to cooling standpoint Practice for Domestic Licensing the proceeding, is required to employ The mechanical, material, and Proceedings” in 10 CFR Part 2. If a hybrid hearing procedures with respect struchial considerations of the proposed request for a hearing or petition for to “any matter which the Commission rack replacement are also analyzed in leave to intervene is filed by the above determines to be in controversy among ihe licensee’s safety analysis. The racks date, the Commission or an Atomic the parties.” Section 134 procedures are designed in accordance with the Safety and Licensing Board, designated provide for oral argument on those applicable NRC Regulatory Guides, by the Commission or by the Chairman issues "determined to be in 45880 Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Notices

controversy”, preceded by discovery Should the Commission take this action, [License No. SNM-1954; Docket No. 70- under the Rules of Practice, and the it will publish a notice of issuance and 3008] designation, following argument, of only provide for opportunity for a hearing those factual issues that involve a Finding of No Significant Impact after issuance. The Commissions genuine and substantial dispute, Issuance of Special Nuclear Materials; expects that the need to take this action together with any remaining questions Duquesne Light Co. et al; Beaver will occur very infrequently. of law to be resolved at an adjudicatory County, PA hearing. Actual adjudicatory hearings A request for hearing or a petition for are to be held only on those issues found leave to intervene must be filed with the The U.S. Nuclear Regulatory to meet the criteria of Section 134 and Secretary of the Commission, U.S. Commission (the Commission) is set for hearing after oral argument on Nuclear Regulatory Commission, considering the issuance of Special the proposed issues. However, if no Washington, D.C. 20555, Attention: Nuclear Materials License No. SNM- petitioner or party requests the use of Docketing and Service Brand, or may be 1954 to Duquesne Light Company, Ohio the hybrid hearing procedures, then the delivered to the Commission’s Public Edison Company, Cleveland Electric usual 10 CFR Part 2 procedures apply. Document Room, 1717 H Street, NW., Illuminating Company, and Toledo (At this time, the Commission does Washington, D.C., by the above date. Edison Company (the applicants) for the not have effective regulations Where petitions are filed during the last Beaver Valley Power Station (BVPS), implementing section 134 of the NWPA ten (10 days of the notice period, it is Unit 2, located in Beaver County, although it has published rules which requested that the petitioner promptly so Pennsylvania. became effective November 14,1985. inform the Commission by a toll-free Environmental Assessment See Hybrid Hearing Procedures for telephone call to Western Union at (800) Expansion of Spent Fuel Storage 325-600 (in Missouri (800 342-6700). The Identification o f Proposed Action Capacity at Civilian Nuclear Power Western Union operator should be given Reactors, 50 FR 41662 (October 15,1985). The proposed action would authorize Datagram Identification Number 3737 the applicants to receive, possess, Subject to the above requirements and and the following message addressed to inspect, and store special nuclear any limitations in the order granting Edward J. Butcher: petitioner’s name materials in the form of unirradiated fuel leave to intervene, those permitted to and telephone number; date petition- assemblies. In addition, the license intervene become parties to the was mailed; plant name; and publication would also authorize the applicants to proceeding and have the opportunity to date and page number of this Federal receive, possess, inspect, and use participate fully in the conduct of the Register notice. A copy of the petition various detectors, neutron startup hearing, including the opportunity to should also be sent to the Executive sources, and calibration and check present evidence and cross-examine Legal Director, U.S. Nuclear Regulatory sources. Because the detectors, neutron witnesses. Commission, Washington, D.C. 20555, sources, and calibration and check If a hearing is requested, the and the Gerald Garfield, Esq., Day Berry sources contain only small amounts Commission will make a final and Howard» One Constitution Plaza, (gram quantities) of nuclear material, determination on the issue of no Hartford, Connecticut 06103, attorney storage and use of these materials will significant hazards consideration. The for the licensee. pose no threat to the environment. final determination will serve to decide Therefore, the discussion below will be when the hearing is held. Nontimely filings of petitions for leave limited to assessing the potential to intervene, amended petitions, If the final determination is that the environmental impacts resulting from supplemental petitions and/or requests amendment request involves no the handling and storage of new fuel at significant hazards consideration, the for hearing will not be entertained BVPS, Unit 2. Commission may issue the amendment absent a determination by the The N eed for the Proposed Action and make it effective, notwithstanding Commission, the presiding officer or the the request for a hearing. Any hearing presiding Atomic Safety and Licensing The proposed license will allow the held would take place after issuance of Board, that the petition and/or request applicants to receive and store fresh fuel the amendment. should be granted based upon a prior to issuance of the Part 50 operating balancing of the factors specified in 10 If the final determination is that the license in order to inspect the fuel and to CFR 2.714(a)(l)(i)(v) and 2.714(d). amendment involves a significant finalize fuel preparation needed to load hazard consideration, any hearing held For further details with respect to this the fuel into the reactor vessel. Actual would take place before the issuance of action, see the application for core loading, however, will not be any amendment. amendment that is available for public authorized by the proposed license. Normally, the Commission will not inspection at the Commission’s Public Environmental Impacts of the Proposed issue the amendment until the Document Room, 1717 H Street, NW., Action expiration of the 30-day notice period. Washington, D.C., and at the Waterford However, should circumstances change Public Library, 49 Rope Ferry Road, A. Nuclear Criticality and Radiation during the notice period such that failure Waterford, Connecticut 06103. S a fe ty to act in a timely way would result, for. Once at BVPS, Unit 2, the new fuel example, in derating or shutdown of the Dated at Bethesda, Maryland, this 29 day of October, 1985. may be temporarily stored in their facility, the Commission may issue the shipping containers prior to placement For the Nuclear Regulatory Commission. license amendment before the in the designated storage locations: the expiration of the 30-day notice period, Edward }. Butcher, new fuel storage racks and spent fuel provided that its final determination is Acting Chief, Operating Reactors Branch #3, storage racks. The shipping container that the amendment involves no Division of Licensing. array to be used at BVPS, Unit 2, has significant hazards consideration. The been previously analyzed for all degrees final determination will consider all [FR Doc. 85-26288 Filed 11-1-85; 8:45 am] of water moderation and/or reflection public and State comments received. BJLUNQ CODE 7590-01-M and found to be critically safe. Federal Register / Vol. 50, No, 213 / Monday, November 4, 1985 J Notices 45881

Upon removal of the fuel assemblies were breached and the pellets were The Environmental Assessment and from the shipping containers, they are released, an insignificant environmental the above documents related to this inspected and surveyed for external impact would result. The fuel pellets are proposed action are available for public contamination. Assuming no composed of a ceramic 1*02 that has inspection and copying at the contamination is found, the assemblies been pelletized and sintered to a very Commission’s Public Document Room, are transferred to their storage high density. In this forri, release of UO2 1717 H Street, NW., Washington, DC. locations. Griticality safety in the aerosol is unlikely exce jt under Copies of the Environmental storage locations is maintained by conditions of deliberate grinding. Assessment may be obtained by calling limiting interaction between adjacent Additionally, UO2 is so’uble only in acid (301) 427-4510 or by writing to the fuel assemblies. This is accomplished in solution so dissolution und release to Uranium Fuel Licensing Branch, Division the new fuel storage racks such that the the environment are extremely unlikely. of Fuel Cycle and Material Safety, U.S. design of the racks preclude the Nuclear Regulatory Commission, D. Conclusion inadvertent placement of a fuel Washington, D.C. 20555. assembly no closer than the required The environmental impacts associated Dated at Silver Spring, Maryland this 28th minimum edge-to-edge distance with the handling and storage of new day of October 1985. fuel at BVPS, Unit 2, are expected to be between fuel assemblies. Subcriticality For the Nuclear Regulatory Commission. in the spent fuel storage racks is insignificant. Essentially no effluents, W.T. Crow, maintained by sheets of neutron poison liquid or airborne, will be released and Acting Chief, Uranium Fuel Licensing Branch, securely fastened to all four sides of acceptable controls will be implemented Division of Fuel Cycle and Material Safety, to prevent a radiological accident. each storage location. NMSS. Since the fresh fuel assemblies are Therefore, the staff concludes that there [FR Doc. 85-28290 Filed 11-1-85; 8:45 am] sealed sources, the principal exposure will be no significant impacts associated pathway to an individual is via external with the proposed action. BILUNG CODE 7590-01-M radiation. For low-enriched uranium fuel Alternatives to the Proposed Action (< 4% U-235 enrichment), the exposure level to an individual standing 1 foot The principal alternative would be to . POSTAL RATE COMMISSION from the surface ofithe fuel would be deny the requested license. Assuming less than 25 percent of the maximum the operating license ivifl eventually be [Order No. 642; Docket No. A86-2 permissible exposure specified in 10 issued, denial of the storage only license Centerfield, U T 84622 (Blanch CFR Part 20. In addition, the applicants would merely postpone new fuel receipt are committed to establishing a program at BVPS, Unit 2. Although denial of the Christensen et al., Petitioners); Order for maintaining general public exposure Special Nuclear Materials License for Accepting Appeal and Establishing as low as reasonably achievable. BVPS, Unit 2, is an alternative available Procedural Schedule Therefore, the staff has concluded that to the Commission, it would only be Issued October 28,1985. the applicants’ requested operations can considered if significant issues of public Before Commissioners: Janet D Steiger, be carried out with adequate radiation health and safety could not be resolved Chairman; Henry R. Folsom. Vice-Chairman; protection of the public and to the satisfaction of the regulatory John W. Crutcher; Bonnie Guiton; Patti Birge environment. authorities involved. Tyson. Only a small amount, if any, of radioactive waste (e.g., smear papers Alternative Use of Resources Docket No. A86-2. Named of affected Post Office: and/or contaminated package material) This action does not involve the use of is expected to be generated as a result resources not previously considered in Centerfield, Utah 84822. of fuel handling and storage operations. connection with the Commission’s Final Name(s) of petitioner(s): Blanch Any waste; that is produced will be Environmental Statement (NUREG- Christensen; Mr. and Mrs. Max properly stored onsite until it can be 1094) dated September 1985 related to Sorenson. shipped to a licensed disposal facility. this facility. Type of determination: Closing. Date of filing of initial appeal papers: B. Transportation Agencies and Persons Consulted. October 15,1985. In the event the applicants must TheJ Commission’s staff reviewed the Categories of issues apparently return the fuel to the fuel fabricator, all applicants’ request of September 28, raised: packaging and transport of fuel will be 1984, its revision dated September 13, 1. Effect on the community [39 U.S.C. in accordance with 10 CFR 71, No 1985, and its supplement dated October 404(b)(2)(A)]. significant external radiation hazards 9,1985, and did not consult other 2. Effect on postal services [39 U.S.C. are associated with the unirradiated fuel agencies or persons. 404(b)(2)(C)].. because the radiation level from the Other legal issues may be disclosed Finding of No Significant Impact clad fuel pellets is low and because the by the record when it is filed; or shipping packages must meet the The Commission has prepared an conversely, the determination made by external radiation standards in 10 CFR Environmental Assessment related to the Postal Service may be found to Part 71. Therefore, shipment of the issuance of Special Nuclear dispose of one or more of these issues. unirradiated fuel by the applicants is Materials License No. SNM-1954. On the In the interest of expedition within the expected to have an insignificant impact basis of this assessment, the 120-day decision schedule [39 U.S.C. upon the environment.- Commission has concluded that the 404(b)(5)] the Commission reserves the environmental impacts created by the right to request of the Postal Service C. Accident Analysis proposed licensing action would not be memoranda of law on any appropriate In the unlikely event that an assembly significant and does not warrant the issue. If requested, such memoranda will (either within or outside its shipping preparation of an Environmental Impact be due 20 days from the issuance of the container) is dropped during transfer, Statement. Accordingly, it has been request; a copy shall be served on the the fuel cladding is not expected to determined that a Finding of No Petitioner. In a brief or motion to ; rupture. Even if the fuel rod cladding Significant Impact is appropriate. dismiss or affirm, the Postal Service may 45882 Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Notices !■ m w m mu i mm iwawRBMawBMMMHMWMwwMM — WM

incorporate by reference any such disclose them to the Department of Office, SBA, 1441 L Street, NW., memorandum previously filed. Justice when Washington, DC 20416, (202) 653-6460. The Commission orders: (a) The agency, or any component James C. Sanders, thereof; or (A) The Secretary shall publish this Administrator. (b) Any employee of the agency in his Notice and Order and Procedural [FR Doc. 85-26091 Filed 11-1-85; 8:45 am] or her official capacity; or Schedule in the Federal Register. BILUNG CODE 8025-01-M (c) Any employee of the Agency in his By the Commission. or her individual capacity where the Charles L. Clapp, Department of Justice has agreed to Small Business Investment Company; Secretary. represent the employee; or Maximum Annual Cost of Money to October 15,1985, Filing of First Petition: (d) the United States, where the Small Business Concerns October 23,1985, Filing of Record; agency determines that litigation is October 28,1985, Notice and Order of likely to affect the agency or any of its 13 CFR 107.302 (a) and (b) limit the Filing of Appeal; components, maximum annual Cost of Money (as November 12,1985, Last day for filing defined in 13 CFR 107.3) that may be is a party to litigation or has an interest petitions to intervene [see 39 CFR imposed upon a Small Concern in in such litigation, and the use of such 3001.111(b)]; connection with Financing by means of records by the Department of Justice is November 22,1985, Petitioners’ Loans or through the purchase of Debt deemed by the agency to be relevant Participant Statement or Initial Brief Securities. The cited regulation and necessary to the litigation, provided, [see 39 CFR 3001.115(a) and (b)]; incorporates the term “FFB Rate”, which however, that in each case, the agency December 4,1985, Postal Service is defined elsewhere in 13 CFR 107.3 in determines that disclosure of the records Answering Brief [See 39 CFR terms that require SBA to publish, from to the Department of Justice is a use of 3001.115(c)]; time to time, the_rate charged by the the information contained in the records December 19,1985, (1) Petitioners’ Reply Federal Financing Bank on ten-year that is compatible with the purpose for Brief should petitioners choose to file debentures sold by Licensees to the which the records were collected." one [see 39 CFR 3001.115(d)]; Bank. Notice of this rate is generally December 26,1985, (2) Deadline for (2) A N ew R ou tin e U se fo r A g en cy published each month. motions by any party requesting oral Disclosure in Litigation: Accordingly, Licensees are hereby argument. The Commission will “It shall be a routine use of records notified that effective November 1,1985, schedule oral argument only when it maintained by this agency to disclose and until further notice, the FFB Rate to is a necessary addition to the written them in a proceeding before a court or be used for computation of maximum filings [see 39 CFR 3001.116]; adjuticative body before which the cost of money pursuant to 13 CFR February 12,1985, Expiration of 120-day agency is authorized to apear, when 107.302 (a) and (b) is 10.405% per annum. decisional schedule [see 39 U.S.C. 13 CFR 107.302 does not supersede or 404(b)(5)]. (a) The agency, or any component thereof; or preempt any applicable law imposing an interest ceiling lower than the ceiling [FR Doc. 85-26212 Filed 11-1-85: 8:45 am] (b) Any employee of the agency in his BILLING CODE 7715-01-M or her official capacity; or imposed by its own terms. Attention is directed to section 308(i) of the Small (c) Any employee of the agency in hi.s Business Investment Act, as amended or her individual capacity where the by section 524 of Pub. L 96-221, March SMALL BUSINESS ADMINISTRATION agency has agreed to represent the 31,1980 (94 Stat. 161), to that law’s employee; or Privacy Act of 1974; Proposed Federal override of State usury ceilings, Addition of New Routine Uses (d) The United States, where the and to its forfeiture and penalty agency determines that litigation is provisions. a g e n c y : Small Business Administration likely to affect the agency or any of its (SBA). components, Dated: October 29,1985. John L. Werner, a c t io n : Notice of establishment of new is a party to.litigation or has an interest routine uses applicable to each existing in such litigation, and the agency Director; Office of Investment: system. determines that use of such records is [FR Doc. 85-26247 Filed 11-1-85; 8:45 am) relevant and necessay to the litigation, BILLING CODE 8025-01-M s u m m a r y : In accordance with the provided, however, that in each case, requirements of the Privacy Act, 5 U.S.C. the agency determines that disclosure of 552a(e)(ll), the SBA is publishing notice the records to a court or other Senior Executive Service Performance of a proposal to establish two new adjuticative body is a use of the Review Board; List of Members routine uses which will apply to each information contained in the records existing system. The new routine uses AGENCY: Small Business Administration. that is compatible with the purpose for were recommended in recent guidance which the records were collected.” a c t io n : Listings of Personnel Serving as provided by the Office of Management Members of this Agency’s Senior d a t e s : Comments on the proposed and Budget. Improved support of Executive Service Performance Review routine uses must be received on or disclosures of Privacy Act records Board. during litigation will result from the before December 4,1985. The proposed routine uses will become effective on or establishment of these routine uses. SUMMARY: Pub. L. 95-454 dated October before December 4,1985, unless SBA (1) A New Routine Use for Disclosure to 13,1978, (Civil Service Reform Act of receives comments which would result 1978) requires that Federal Agencies the Department o f Justice for Use in in contrary determination. Litigation: publish notification of the appointment FOR FURTHER INFORMATION CONTACT: of individuals who serve as members of “It shall be a routine use of the Nicholas Kalcounos, Director, Freedom that agency's Performance Review records in this system of records to of Information/Privacy Acts Appellate Board (PRB). The following is a listing of Federal Register / Voi. 50, No. 213 / Monday, November 4, 1985 / Notices 45883 those individuals currently serving as Department for Housing and Urban Korea. USTR is therefore initiating an members of this Agency’s PRB: Development investigation concerning the adequacy 1. Johnnie L. Albertson, Deputy Robert A Turnbull, of Korea’s law and their effect on U.S. Associate Administrator for Acting Administrator. trade. [FR Doc. 85-26248 Filed 11-1-85; 8:45 am] Interested parties are invited to Management Assistance (SBDC’s) submit written comments with respect BILLING CODE S025-O1-M 2. Earl L. Chambers, Director of Portfolio to issues arising from the investigation, Management including the appropriate scope of the 3. Richard D. Durkin, Regional OFFICE OF THE UNITED STATES investigation. Interested parties should Administrator, Chicago TRADE REPRESENTATIVE indicate whether they support or oppose the initiation of the investigation and the 4. Wiley S. Messick, Deputy Regional [Docket No. 301-52] basis for their position. Where possible, Administrator, Atlanta interested parties who support the 5. Richard L. Osbourn, Director of Initiation of Investigation Under investigation should provide detailed Personnel (Non-voting Technical Section 302; Adequacy of Korean factual information describing the Laws for the Protection of Intellectual Advisor) problems created by the Korean laws Property Rights 6. George H. Robinson, Director of Equal and their effect on trade. Comments Employment Opportunity and Pursuant to his authority under should be filed in accordance with the procedures set forth in 15 CFR 2006.8 Compliance (Non-voting Equal section 302(c) of the Trade Act of 1974, as amended, (19 U.S.C. 2412(c)), the and should be submitted to the Employment Advisor) United States Trade Representative is Chairman, section 301 Committee, Office 7. Ruben Ernest Weatherholtz, III, initiating an investigation, effective on of the United States Trade Associate Administrator for the date of publication of this notice, Representative, Room 223, 600 17th Procurement Assistance into the adequacy of the laws of the Street, NW., Washington, DC 20506, no 8. Harry S. Carver, Comptroller Republic of Korea governing the later than December 2,1985. Rebuttal briefs must be submitted no later than 9. Charles Hertzberg, Deputy Associate protection of intellectual property rights. December 9,1985. Administrator for Financial The investigation Will enable the USTR to advise the President on the exercise Jeanne S. Archibald, Assistance of his authority under section 301 of the Chairman, Section 301 Committee. 10. Robert T. Lhulier, Regional Trade Act of 1974. [FR Doc. 85-26305 Filed 11-1-85; 8:45 am] Administrator, Philadelphia Korea’s laws appear to deny effective BILLING CODE 3190-01-M 11. Carlos Suarez, Regional protection for U.S. intellectual property. Administrator, Denver For example, Korea’s patent law does 12. Robert B. Webber, General Counsel not cover certain types of products. In DEPARTMENT OF TRANSPORTATION 13. Bobby B. Oakley, Assistant Inspector other cases, protection is limited to processes only. Copyright protection is Agreements Filed Under Sections 408, General for Auditing, Veterans virtually non-existent for works of U.S. 409,412 and 414 During the Week Administration authors. U.S. industry has expressed Ending October 25,1985 14. Steven A. Switzer, Assistant concern that these practices have Answers may be filed within 21 days Inspector General for Audits, inhibited U.S. sales and investment in from the date of filing.

Proposed effective Date filed Docket No. Parties Subject date

October 24, 1985.... 43521 October 18,1985. Do . 43522 October 10,1985. Do...... 435lé Piedmont Aviation. Inc., c/o Robert M. Uchtman, Wald, Harkrader & Ross, 1300 Nineteenth Street, NW. Washington, DC. 20036. Empire Airlines, Inc., c/o Michael F. Goldman, Steele, Simmons & Fornaciari, 2020 K Street NW., Suite 850, Washington, DC. 20006. Joint Application of Piedmont Aviation, Inc. and'Empire Airlines, Inc. pursuant to Section 408 of the Act. requests, approval of - Piedmont’s acquisition of control of Empire pursuant to the Merger Agreement and reissue In Piedmont’s name, pursuant to section 416(b) of the Act Empire’s Syracuse-Monfreal/Ottawa/Toronto exemption authority, effective upon consummation of the merger.

Phyllis T. Kaylor, Applications for Certificates of Public are set forth below for each application. Chief Docum entary Services Division. Convenience and Necessity and Following the answer period DOT may [FR Doc. 85-26294 Filed il-1-85; 8:45 am] Foreign Air Carrier Permits Filed Under process the application by expedited BILLING CODE 4910-62-M Subpart Q (See 14 CFR 302.1701 et procedures. Such procedures may seq.); Week Ended October 25,1985 consist of the adoption of a show-cause order, a tentative order, or in Subpart Q Applications appropriate cases a final order without The due date for answers, conforming further proceedings. application, or motions to modify scope 45884 jjjdggl Register / VoL 50, No. 213 f Monday, November 4, 1985 / Notices

Date filed Docket NO; Description

Oct 21, 1985'. Eastern Air Unes, Inc., c/o Robert N. Duggan, 1030— 15th Street NW;, Washington, DC 20005. Application of Eastern Air Lines, Inc., pursuant to Section 401. of tee Act aid Subpart. Q of the Regulation» applies tor renewal of; its certificate of oubir I convenience and necessity for Route 287 which authorized Easter to engage in air transportation as follows; Between the coterminal points Atlanta; Ga. am* New Orleans; La., and- the coterminal points Loreto, La Paz, San Jose del Cabo; Mazatfan, Puerto' and Guadaiajar, Mexico. Conforming Applications, Motions to Modify Scope and Answers may be filed by November 18, T985. DO.. Delta Air Lines, Inc., c/o Don Id. Adams, Hartsfield Atlanta Infl, Airport, Atlanta, Georgia 30320. Application of Delta Air Unes, Inc. pursuant to Section 401 of the Act and Subpart Q of the Regulations applies for a new or amended- certificate of oublic (Gah^ckL°* and neC#SSIty 10 permir Detta to air transportation services between Atlanta, Georgia- and Munich, Germany via Londbn, England) Conforming Applications, Motions to Modify Scope and Answers may be filed’by November 18, 1985. Do.. Continental Air Lines Inc., c/o Emory N. Ellis, Fulbright & Jaworski, 1150 Connecticut Avenue, NW.. Washington, DC 20038 Application- of Continental Air Unes, Inc. pursuant to Section 401 of the Act and Subpart Q of the Regulations applies for a certificate of public convenience ^ngdwnT88 ^ *0 9naWe * to provilde "onstop air transportation of persons, property and mail between Denver Colorado and London, England, United ] Conforming Applications, Motions to Modify Scope and Answers may be filed by November 18,1985. Oct 22, 1985. [ ** *"ines’ lnc- and Texas International Airline», Inc., c/o Emory N-. Ellis, Fulbright & Jawonslti, 1150 Connecticut Avenue, NW:, Washington, OC | Joint Application of Continental' AIT Lines, Inc. and Texas International Airlines, Inc. pursuant to section 401 of the Act and Subpart Q of the Regulations I i , ran®w* certificates of public convenience and necessity tor service between Houston, Texas and point» in Western Mexico «Loreto; la ^ ? ,^ as^ f e_P v 0’^ azat,an' Puert0 Vallarta, Manzanillo, Zihuatanejo and Acapulco), included on segment 13 of Continental’s certificate for Route 29-1 F and Tl s certificate for Route 285. I i Conforming Applications, Motions to-Modify Scope and Answers may be filed by November 18, 1985. Oct. 23, 1985.__ 43517 American. Airlines, Inc., c/o Alfred V.J: Prather, Prather Seeger Doolittle & Farmer, 1600 M Street NW. 7th Fiber. Washington, DC 20038 Conforming Application of American AWIne* Inc. pursuant to Section -«51 of tee Act and Subpart Q of the Regulatibns applies for a certificate of public I convenience and necessity authorizing it to serve between Chicago and London. 1 Answers may be filed by November 6, 1985. Oct 25, 1985. teasExpress Air, lnc., c/o Joseph ». Haley; 118 Wfesl Grand Avenue, E! Segundb, California 90245 Application of^easExpress Air, Inc.,, pursuant to Section 401 (d)(3) of tee Act and Subpart Q of the Regulations requests permanent authority to engage» foreign charter air transportation of passengers, freight, property and mail ^ thcToteor* >>0'n

Phyllis T. Kayior, \ National Highway Traffic Safety which requires passenger restraint Chief, Docamentary Services Division. Administration systems to be equipped with automatic seat belt retractors, The exemption was [FR Doc. 85-26295 Filed 11-1-85; 8:45 amj [Docket No. IP 85-15; Notice 1} BILLING CODE 4910-62-M for a period of one year, and expired on Vintage Reproductions, inc.; Receipt October 1,1982. Vintage did not petition of Petition for Determination of for a renewal of the exemption, and in inconsequential Noncompiiance February 1985, (hiring a visit to (Docket No. 43513} Vintage’s production facilities, NHT.SA Vintage Reproductions, lnc. of North inspectors discovered that the company Premiafre, Irte., Davis Airlines, tnc.» and Miami, Florida, has petitioned to be had continued to produce Gazelles Richard J. Davis, Jr., Enforcement exempted from the notification and without automatic seat belt retractors Proceeding; Assignment of remedy requirements of toe National after the expiration of its exemption, in j Proceeding Traffic and Motor Vehicle Safety Act (15 apparent violation of the National U.S.C. 1381 et seq.\ for an apparent Traffic and Motor Vehicle Safety Act This proceeding has been assigned to noncompliance with 49 CFR 571.208, (Agency File CIR 2399). Alleging that is Administrative Law judge Ronnie A. Motor Vehicle Safety Standard No. 208* spite of its continued efforts it has been j The basis Yoder. Future communications with Occupant Restraint Systems. unable to find a retractor of a size of the petition is tout toe noncampiiance suitable for toe configuration of the respect to this proceeding should be is inconsequential as ft relates to motor Gazelle, Vintage petitioned for a 3-year addressed to him at U.& Department erf vehicle safety. exemption from paragraph S7.1 on Transportation,, Office of Hearings, M- This notice of receipt of a petition is grounds that compliance would cause it 50V- Room 94&QA, Nassif Bldg., 400 7th published under section 157 of the— substantial economic hardship. Notice Street, SW„ Washington» DC 2059ft. National Traffic and Motor Vehicle appeared in the Federal Register on telephone (202) 426-5560. Safety Act ft5 U.S.C. 1417) and does not October 21,1985 (50 FR 42634), with a represent any agency decision or other due date for CQmments of November 20, Dated Washington, DC, October 30,1985. exercise of judgment concerning the 1985. Subsequently, Vintage Filed the merits of the petition. petition for inconsequentiality under Elias C. Rodriguez, Vintage is the manufacturer of a consideration in this notice. Chief Administrative Law Judge. replicar known as the Gazelle, which it In support of its claim that the also supplies in kit form. In 1982, it was noncompliance is inconsequential as it [FR Dec, 85-26293 Filed 11-1-85; 8:45 am] granted NHTSA Exemption 81-1 from relates to motor vehicle safety, Vintage compliance with paragraph S7.1 of BILLING CODE 491Ò-62-M says that were automatic seat belt Motor Vehicle Safety Standard No. 208, retractors required to be installed in the Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Notices 45885 front seat “the goal of increased safety Revenue Service Building. The building Cleveland, Ohio, beginning on or about would be defeated, since the passenger is located at 1111 Constitution Ave., October 8,1986, to on or about would, in that case, be required to pull NW„ Washington, DC. The meeting will December 14,1986, is in the national the seat belt around him or her before begin at 9:00 A.M. on Monday, interest. closing the door.” Given the current December 2 and 9:00 A.M. on Tuesday, Public notice of this determination is production level of 4 vehicles per month, December 3. The agenda will include the ordered to be published in the Federal Vintage argues that the noncompliance following topics: Register. will have no significant effect on Monday, December 2,1985, Industry Dated: October 24,1985. vehicle-related deaths and injuries. The Specialization, Published Rulings Thomas E. Harvey, petitioner also believes that its vehicles Program, 1986 Filing Season; General Counsel and Congressional Liaison. are driven, on an average, only 2,000 Tuesday, December 3,1985, Information [FR Doc. 85-26217 Filed 11-1-85; 8:45 am] miles per year^and thus are less likely Returns Program, 1985 Tax Proposals to be involved in accidents. It is not and Tax, Administrative BILLING CODE 8230-01-M aware of any “report instance of a Consequences. factory-completed Gazelle causing The meeting, which will be open to DEPARTMENT OF JUSTICE injury or fatality.” Further, because the the public, will be in a room that belt must lie upon the seat and cannot accommodates approximately 50 people. Attorney General be tucked away, the passenger is If you would like to have the Committee encouraged to use it. The consider a written statement, please call Voting Rights Act; Certification of the noncompliance covers 265 vehicles. or write to John Burke, Assistant to the Attorney General; Bronx County, NY Deputy Commissioner, 1111 Constitution Interested persons are invited to In accordance with section 6 of the Ave., NW., Room 3014, Washington, DC submit written data, views, and Voting Rights Act of 1965, as amended, 20224. arguments on the petition of Vintage 42 U.S.C. 1973d, I hereby certify that in Reproductions, Inc. described above. FOR FURTHER INFORMATION CONTACT: my judgment the appointment of Comments should refer to the docket John Burke, Assistant to the Deputy examiners is necessary to enforce the number and be submitted to: Docket Commissioner, (202) 566-4143 (Not toll- guarantees of the Fourteenth and Section, National Highway Traffic free). Fifteenth Amendments to the Safety Administration, Room 5109, 400 Roscoe L. Egger, Jr., Constitution of the United States in Seventh Street, SW., Washington, DC Commissioner. Bronx County, New York. This county 20590. It is requested but not required [FR Doc. 85-26209 Filed 11-1-85; 8:45 am] was included within the scope of the that five copies be submitted. BILLING CODE 4830-01-M determination of the Attorney General All comments received before the and the Director of the Census made on close of business on the comment March 15,1971, under section 4(b) of the UNITED STATES INFORMATION closing date indicated below will be Voting Rights Act of 1965 and published considered. The application and AGENCY in the Federal Register on March 27, supporting materials and all comments 1971 (36 FR 5809). Bronx County was Culturally Significant Objects Imported also included within the scope of the received after the closing date will also for Exhibition; Determination determinations of the Attorney General be filed and will be considered to the and the Director of the Census made on extent possible. When the petition is Notice is hereby given of the following September 18,1975 under sections 4(b) granted or denied, notice will be determination: Pursuant to the authority and 4(f)(3) of the Voting Rights Act of published in the Federal Register vested in me by the act of October 19, 1965, as amended in 1975, and published pursuant to the authority indicated 1965 (79 Stat. 985, 22 U.S.C. 2459), in the Federal Register on September 23, below. Executive Order 12047 of March 27,1978 1975 (40 FR 43746). Comment closing date: December 4, (43 FR 13359, March 29,1978), and Dated: November 1,1985. 1985. Delegation of Authority of June 27,1985 Edwin Meese III, (50 FR 27393, July 2,1985), I hereby (Sec. 102, Pub. L. 93-492, 88 Stat. 1470 (15 Attorney General of the United States. U.S.C. 1417); (delegations of authority at 49 determine that the objects to be [FR Doc. 85-26457 Filed 11-1-85; 1:10 pm] CFR 1.50 and 49 CFR 501.8) included in the exhibit, “The Blood of Kings: A New Interpretation of Maya BILLING CODE 4410-01-M Issued on: October 29,1985. Art” (included in the list1 filed as a part Barry Felrice, of this determination) imported from Associate A dm inistrator fo r Rulem aking. Voting Rights Act; Certification of the abroad for the temporary exhibition Attorney General; Kings County, NY [FR Doc. 85-26237 Filed 11-1-85; 8:45 am) without profit within the United States BILLING CODE 4910-59-M are of cultural significance. These In accordance with section 6 of the objects are imported pursuant to loan Voting Rights Act of 1965, as amended, agreements between 'the Kimbell Art 42 U.S.C. 1973d, I hereby certify that in d e p a r t m e n t o f t h e t r e a s u r y Museum and various foreign lenders. I my judgment the appointment of also determine that the temporary examiners is necessary to enforce the Internal Revenue Service exhibition or display of the listed exhibit guarantees of the Fourteenth and objects at the Kimbell Art Museum, Fort Fifteenth Amendments to the Commissioner’s Advisory Group; Open Constitution of the United States in Meeting Worth, Texas, beginning on or about May 16,1986, to on or about August 24, Kings County, New York. This county There will be a meeting of the 1986; and the Cleveland Museum or Art, was included within the scope of the Commissioner’s Advisory Group on determination of the Attorney General December 2 & 3,1985. The meeting will 1 An itemized list of objects included in the and the Director of the Census made on be held in Room 3313 of the Internal exhibit is filed as part of the original document. March 15,1971, under section 4(b) of the Federal Register / VoL 50, No. 213 / Monday, November 4, 1985 / Notices

Voting Rights- Act of 1965 and published in the Federal Register on March 27. 1971 (36 FR 5809)1 Kings. County was. also included within the scope of the determinations of the Attorney General and the Director of the Census made on September 18,1975 under sections 4(b) and 4(f)(3) of the Voting Rights Act of 1965, as amended m 1975, and published in the Federal Register on September 23, 1975 (40 FR 43746). Dated: November 1,1965. Edwin Meese III, A ttorney Generate# the: Unified States. [FR Doc. 85-26458 Filed 11-1-85;, "L1Q pm) BILLING CODE 4410-01-M

Voting Rights Act; Certification of the Attorney Generai; New York County, NY In accordance with section 8 of the Voting, Rights Act of 1965,, as amended, 42 U.S.C. 1973d,. I hereby certify that in my judgment the appointment of examiners is necessary to enforce the guarantees of the Fourteenth and Fifteenth Amendments to the Constitution, of the United States in New York County, New York. This county was included within the scope of the determination erf the Attorney General and the Director of the Census made on March 15,1971,. under section 4fb) of the Voting. Rights Act of 1965 and published in the Federal Register cm* March 27, 1971 (36 FR 5809}. Dated November 1,1985. Edwin Meese IH, Attorney Genera! of the United States (FR Doc. 85-Z645S Filed 11-1-85; 1:10 pm] BILLING CODE 4410-01-M 45887

Sunshine Act Meetings Federal Register Voi. 50, No. 213

Monday, November 4, 1985

This section of the FEDERAL REGISTER however, all public documents may be Docket No. ER84-579-005, AEP Generating contains notices of meetings published examined*in the Division of Public Company under the “Government in the Sunshine Information. CAP-21. Act” (Pub. L. 94-409) 5 U.S.C. 552b(e)(3). Docket Nos. ER84-348-007 and 008, Consent Power Agenda, 823rd Meeting— American Electric Power Service November 6,1985, Regular Meeting (10:00 Corporation CONTENTS a.m.) CAP-22. CAP-1. Docket No. ER83-138-006 (phase II), the item Project No. 2866-005, Metropolitan Sanitary Cleveland Electric Illuminating Company Equal Employment Opportunity Com­ District of Greater Chicago CAP-23. mission ...... 1 CAP-2. Docket Nos. ER85-763-000 and ER85-598- Federal Energy Regulatory Commis­ Project No. 8864-002, Weyerhaeuser 001, et al., Consolidated Edison Company sion ...... 2 Company of New York, Inc. Federal Reserve System ...... 3, 4 CAP-3. CAP-24. National Mediation Board ...... 5 Project No. 4114-004, Long Lake Energy Docket No. ER85-775-000, Central Vermont Tennessee Valley Authority...... 6 Corporation Public Service Corporation CAP-4. CAP-25. 1 Project No. 516-027, South Carolina Electric Docket No. ER85-780-0Q0, Pacific Gas and and Gas Company Electric Company EQUAL EMPLOYMENT OPPORTUNITY CAP-5. CAP-26. COMMISSION Project No. 6537-001, town of Skykomish, Docket Nos. ER79-182-008, ER80-106-005, “FEDERAL REGISTER” CITATION OF Washington ER82-146-000, 009, EL82-16-000, 001, CAP-6. EL82-27-000 and 001, Commonwealth PREVIOUS announcement : . Project No. 3195-011, Joseph M. Keating Edison Company PREVIOUS ANNOUNCED TIME AND DATE CAP-7. CAP-27. OF MEETING: 9:30 a.m. (eastern time), Project No. 7105-002, Davenport-Rock Docket No. ER84-576-000, Wisconsin Tuesday, November 5,1985. Island Associates Power and Light Company CHANGES IN THE MEETING: The following CAP-8. CAP-28. item has been postponed and is Project No. 3286-008, Puget Sound Power Docket No. ER84-694-000, Michigan Power expected to be rescheduled for the and Light Company Company CAP-9. November 18,1985 Commission meeting. CAP-29. Project Nos. 7804-002 and 7805-002, Gerald (A) Docket No. RE81-18-000, Public Utility "A Report on General Counsel Operations” and Glenda Ohs District No. 1 of Douglas County CAP-10. CONTACT PERSON FOR MORE [B] Docket No. RE81-4-000, Withlacoochee Project No. 5091-003, Trans Mountain River Electric Cooperative, Inc. information : Cynthia C. Matthews, Construction Company Executive Officer, Executive Secretariat CAP-11. Consent Miscellaneous Agenda at (202) 634-6748. Project No. 5466-003, the city of New York, CAM-1. Dated: October 30,1985. Department of Environmental Protection Docket No. RM86-1-000, Revisions to Rules CAP-12. of Practice and Procedure and Delegation Cynthia C. Matthews, Project No. 5989-002, the city of Jersey City, to the Chief Administrative Law Judge Executive Officer, Executive Secretariat. New Jersey - CAM-2. (FR Doc. 85-26286 Filed 10-30-85; 4:17 pm] CAP-13. Docket No. RM83-53-002, Obligations of BILLING CODE 67S0-06-M Project No. 7492-001. Michiana Hydro- sellers and purchasers of first-sale Electric Power Corporation natural gas for refunds owed for CAP-14. collections in excess of maximum lawful 2 (A) Project No. 8194-007, James W. Caples; prices under the Natural Gas Policy Act Project No. 6702-005, Superior Oil of 1978 federa l e n e r g y r e g u l a t o r y Company CAM-3. COMMISSION (B) Project Nos. 6810-006 and 6811-006, Docket No. GP85-20-001, Colorado October 30,1985. Douglas Mendenhall Interstate Gas Company time an d d a t e : 10:00 a.m., November 6, CAP-15. CAM-4. 1985.' Project No. 2890-011, Kings River Docket No. GP85-2-000, State of New Conservation District PLACE: 825 North Capitol Street, NE., Mexico, NCPA Section 108, Mesa CAP-16. Petroleum Company, State Com AJ #34 Room 9306, Washington, D.C. 20426. Omitted well, FERC No. JD84-50602 STATUS: Open. CAP-17. CAM-5. m a tters t o b e c o n s id e r e d : A g en d a. Project No. 4167-003, Energenics Systems, Docket No. R085-17-000, Glen A. Martin Inc. CAM-6. ‘Note.—Items listed on the agenda may be Project No. 6730-000, Northern Colorado Docket No. RM85-13-000, revisions to FPC deleted without further notice. Water Conservancy District Form No. 8. "Underground Gas Storage CONTACT PERSON FOR MORE CAP-18. Report" and FERG Form No. 16, “Report information: Kenneth F. Plumb, Project No.’ 2374-000, Watervliet Paper of Gas Supply and Requirements” Secretary, Telephone (202) 357-8400. Company CAP-19. Consent Gas Agenda This is a list of matters to be Docket Nos. ER85-595-001, ER65-656-0Q1. CAG-1. considered by the Commission. It does ER85-657-G01 and ER85-679-Û01, Docket No. TA85-5-5-005, Midwestern Gas not include a listing of all papers Vermont Electric Power Company Transmission Company relevant to the items on the agenda; CAP-20. CAG-2. 45888 Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Sunshine Act Meetings

Docket No. RP83-35-041, Texas Eastern Docket Nos. CP83-502-024 and 025, CAG^20. Transmission Corporation Tennessee Gas Pipeline Company, a Docket No. CP85-730-000, Northern CAG-3. division of Tenneco Inc. Natural Gas Company, division of Docket No. TA85-2-16-004, National Fuel Docket Nos. CP83-333-031 and 033, Internorth, Inc* Gas Supply Corporation Panmark Gas Company, et al. CAG—21. CAG-4. Docket Nos. CP84-244-011 and 012, Texas Docket No. CP85-327-000, Equitable Gas Docket Nos. RP85-165-000 through 004, Eastern Transmission Corporation and Company CP85-487-000, CP85-488-000 and CP85- producer-suppliers of Texas Eastern CAG-22. Transmission Corporation * 672-000, Distrigas of Massachusetts Docket No. CP84-441-008, Tennessee Gas Docket Nos. CI84-332-016 and CI84-332- Corporation Pipeline Company, a division of Tenneco 017, Cities Service Oil and Gas CAG-5. Inc. Corporation, Cities Offshore Production Docket Nos. RP85-178-001, 002 and 004, CAG-23. Company and OXY Petroleum, Inc. Tennessee Gas Pipeline Company, a Omitted division of Tenneco Inc. Docket Nos. CI84-374-015 and 016, TXP Operating Company CAG-24. CAG-8. Docket No. CP85-373-000, Williston Basin Docket Nos. TA85-3-29-003 through 006 Docket No. CI84-485-019, Amoco Production Company Interstate Pipeline Company and RP85-14S-001 through 004, Docket No. CP84-539-015, El Paso Natural Transcontinental Gas Pipe Line I. Licensed Project Matters Gas Company Corporation Docket No. CI84-510-008, Sun Exploration P-1. CAG-7. and Production Company Project No. 4632-000, Clifton Power Docket No. RP85-201-000, South Georgia Docket Nos. CI85-36-003 and 004, Texas Corporation Natural Gas Company Gas Exploration Company P-2, CAG-8. Docket Nos. CI85-51-001, 003 and 004, Docket No. E-6454-000, City of Centralia, (A) Docket No. RP85-202-000, Trunkline Exxon Corporation Washington Gas Company Docket No. CI85-27-004, Mesa Petroleum (B) Docket No. RP85-203-000, Panhandle Docket No. CI84-571-004, Champlin II. Electric Rate Matters Eastern Pipe Line Company Petroleum ER-1. CAG-9. Docket No. 084-557-006, Arco Oil & Gas Docket No. EL85-6-000, Public Utilities Docket No. RP82-19-012, Tennessee Gas Company, a division of Atlantic Richfield Commission of the State of California, et Pipeline Company, a division of Tenneco Company al. v.- United States Department of Inc. Docket Nos. CI85-41-004 and 005, Energy—Bonneville Power CAG-10. American Petrofina Company of Texas * Administration. Docket No. TA85-2-9-006, Tennessee Gas and Petrofina Delaware, Inc. Pipeline Company, a division of Tenneco Docket No. CI85-50-004, Diamond Miscellaneous Agenda Inc. Shamrock Exploration Company M-l, CAG-11. Docket Nos. CI85-99-003 and 004, Union Reserved Docket No. RP85-204-000, Kentucky West Texas Petroleum Company M-2. Virginia Gas Company Docket Nos. CI85-156-003 and 004, Conoco, Reserved CAG-12. Inc. M-3. Docket No. ST85-110&-000, THC Pipeline Docket Nos. CI84—565—003 and 004, Yankee Omitted Company Resources, Inc. CAG-13. Docket No. CI85-187-003, Chevron USA, I. Pipeline Rate Matters Docket Nos. CI83-337-003 and CI83-350- Inc. RP-1. 003, Exxon Corporation Docket No. CI85-173-003, Marathon Oil Reserved CAG-14. Company Docket Nos. RI74-188-068 and RI75-21-063, Docket No. CI85-176-003, Kerr McGee II. Producer Matters Independent Oil & Gas Association of Corporation CM. West Virginia Docket No. CI85-239-003, Samson Reserved ^ C AG-15. Resources Company Docket Nos. RI74-188-069 and RI75-21-064, Docket No. CI85-244-002, Arkoma III. Pipeline Certificate Matters Independent Oil & Gas Association of Production Company CP-1. West Virginia CAG-17. Docket No. CP85-555-009, and Pipeline CAG-16. Docket Nos. RP83-137-019 through 022, Company Docket Nos. CI83-269-041 and 042, Transcontinental Gas Pipe Line CP-2. Corporation Tenneco Oil Company, Houston Oil & Docket No. CP85-535-000, Arkansas Docket Nos. RP83-11-037 through 039 and Minerals Corporation, Tenneco Oklahoma Gas Corporation RP83-30-035 through 037, Exploration. Ltd., Tenneco Exploration II, CP-3. Transcontinental Gas Pipe Line Ltd., Tineo, Ltd. and Tenneco West, Inc. Corporation Docket No. CP84-744-000, Tennessee Gas Docket Nos. RP83-11-042, 043, RP83-30-040 Docket Nos. CP83-279-027 through 029, Pipeline Company, a division of Tenneco and 041, Transcontinental Gas Pipe Line Producer-Suppliers of Transcontinental Inc. Corporation Gas Pipe Line Corporation Docket No. CP84-746-000, Granite State Docket Nos. CP83-279-032 and 033, Docket Nos. CP83-340-027 through 029, Gas Transmission, Inc. producer-suppliers of Transcontinental Producer-Suppliers of Transcontinental CP-4. Gas Pipe Line Corporation Gas Pipe Line Corporation Docket Nos. CP80-581-000 and 001, Pataya Docket Nos. CP83-340-031 and 032, Docket Nos. CP83-428-035 through 037, Storage Company producer-suppliers of Transco Gas Producer-Suppliers of Transco Gas Docket No. CP81-308-000, El Paso Natural Supply Company Supply Company and Transcontinental Gas Company Docket Nos. CP83-428-040 and 041, Gas Pipe Line Corporation Docket No. CPB3-468-000. Mohave Gas producer-suppliers of Transco Supply CAG—18. Trust Company and Transcontinental Gas Pipe Docket Nos. CP78-338-005 and CP78-340- Docket No. CP83-504-000, Southwest Gas Line Corporation 007, Trunkline Gas Company Corporation Docket Nos. CP83-452-028, 030 and 032, CAG—19. CP-5. Columbia Gas Transmission Corporation Docket No. CP85-685-000, Northern Docket No. CP85-57-000, Natural Gas and Columbia Gulf Transmission Natural Gas Company, Division of Pipeline Company of America Company Internorth, Inc. CP-6. Federal Register / Vol. 50, No. 213 / Monday, November 4,1985 / Sunshine Act Meetings 45889

Docket No. TC85-15-000, Texas Eastern Discussion Agenda PLACE: Joe Wheeler State Part Resort Transmission 2. Proposed revision of regulation B (Equal Lodge, River Room, Rogersville, Kenneth F. Plumb, Credit Opportunity). (Proposed earlier for Alabama. Secretary. public comment; Docket No. R-0541) s t a t u s : Open. [FR Doc. 85-26338 Filed 10-31-85; 11:55 am] 3. Proposed adoption of revisions to reporting requirements for domestic bank Agenda BILLING CODE 6717-01-M holding companies [FR Y-6, FR Y-8, and FR Approval of minutes of meetings held on 2352). (Proposed earlier for public comment; October 16,18, and 22,1985. 3 Docket No. R-0548) 4. Any items carried forward from a Discussion Item FEDERAL RESERVE SYSTEM previously announced meeting. 1. Progress report on a cooperative project TIME a n d d a t e : Approximately 11:00 Note.—This meeting will be recorded for with the Agricultural Stabilization and a.m., Thursday, November 7,1985, the benefit of those unable to attend. Conservation Service and the Soil following a recess at the conclusion of Cassettes will be available for listening in the Conservation Service to demonstrate the use the open meeting. Board’s Freedom of Information Office, and of animal waste management systems to copies may be ordered for $5 per cassette by PLACE: Marriner S. Eccles Federal improve water quality. .calling (202) 452-3684 or by writing to: Reserve Board Building, C Street Freedom of Information Office, Board of Action Items entrance between 20th and 2st Streets, Governors of the Federal Reserve System, O ld Business Items NW., Washington, D.C. 20551. Washington, D.C. 20551, STATUS: Closed. 1. TVA policy code relating to minority CONTACT PERSON FOR MORE economic and community development. MATTERS TO BE CONSIDERED: information : Mr. Joseph R. Coyne, 1. Federal Reserve Bank and Branch Assistant to the Board; (202) 452-3204. New Business Items director appointments. Dated: October 31,1985. B—Purchase Awards 2. Personnel actions (appointments, Bl. Negotiation JJ-452227—Low-pressure promotions, assignments, reassignments, and James McAfee, turbine rotor rebuild for Sequoyah Nuclear salary actions) involving individual Federal Associate Secretary of the Board. Plant. Reserve System employees. , . [FR Doc. 85-26337 Filed 10-31-85; 11:55 am] B2. Amendment to Contract 71C62-54114-1 3. Any items carried forward from a BILLING CODE 6210-01-M with Westinghouse Electric Corporation previously announced meeting. covering the nuclear steam supply systems CONTACT PERSON FOR MORE 5 for Watts Bar Nuclear Plant, units 1 and 2, information : Mr. Joseph R. Coyne, D—Personnel Items Assistant to the Board; (202) 452-3204. NATIONAL MEDIATION BOARD Dl. Personal services contract with You may call (202) 452-3207, beginning REVISED TIME AND DATE: 2:00 p.m., Consultants & Designers, Inc., New York, at approximately 5 p.m. two business Wednesday, November 13,1985. New York, for provision of engineering and days before this meeting, for a recorded p l a c e : Board Hearing Room 8th Floor, related services, requested by Power and announcement of bank and bank 1425 K Street, NW., Washington, D,C. Engineering (Nuclear). holding company applications scheduled STATUS: Open. D2. Personal services contract with CDI for the meeting. Corporation, Philadelphia, Pennsylvania, for MATTERS TO BE CONSIDERED: Dated: October 31,1985. provision of engineering and related services, 1.1. Ratification of the Board actions taken James McAfee, requested by Power and Engineering by notation voting during the month of (Nuclear). Associate Secretary of the Board. October, 1985. D3. Personal services contract with AiDE [FR Doc. 85-26336 Filed 10-31-85; 11:55 am] 2. Other priority matters which may come Management Resources Corporation, BILLING CODE 6210-01-M before the Board for which notice will be Richmond, Virginia, for provision of given at the earliest practicable time. engineering and related services, requested by Power and Engineering (Nuclear). . 4 SUPPLEMENTARY INFORMATION: Copies of the monthly report of the Board’s *D4. Relocation incentive for Charles C. FEDERAL RESERVE SYSTEM notation voting actions will be available Mason. time a n d d a t e : 10:00 a.m, Thursday, from the Executive Director’â office E—Real Property Transactions November 7,1985. (Please call 452-3206 following the meeting. El. Reconveyance to TVA by the city of on Wednesday, November 6 for possible CONTACT PERSON FOR MORE Guntersville, Alabama, of certain change in meeting time.) INFORMATION: Mr. Rowland K. Quinn, landrights—Tract Nos. XGR-592SP and - place: Marriner S. Eccles Federal Jr., Executive Director, Tel: (202) 523- 594SP; and grant of a permanent easement by Reserve Board Building, C Street 5920. TVA to city of Guntersville, Alabama, for entrance between 20th and 21st Streets, public recreation purposes affecting 5.94 Date of notice: October 29,1985. NW., Washington, D.C. 20551. acres of Guntersville Reservoir land located Mr. Rowland K. Quinn, Jr., in Marshall County, Alabama—Tract Nos, s t a t u s : Open. Executive Director, National Mediation XTGR-147RE and-148RE. m a t te r s t o b e c o n s id e r e d : Board. *E2. Delegation of authority to the Manager Sum m ary Agenda [FR Doc. 85-26335 Filed 10-31-85; 11:55 am] of Power and Engineering (Supply and Use) or his designee to approve and execute an ; BILLING CODE 7550-01-M Because of its routine nature, no agreement or agreements among TVA substantive discussion of the following item Muhlenberg County, Kentucky, and Green is anticipated. This matter will be voted on River Coal Company providing for the without discussion unless a member of the 6 relocation of an existing county road in order Board requests that the item be moved to the TENNESSEE VALLEY AUTHORITY discussion agenda. to facilitate coal deliveries by rail at the Paradise Fossil Plant and for transfer to 1. Publication for comment on two [Meeting No. 1359] proposals concerning the elimination or Muhlenberg County of an easement for a recovery of float attributable to nonstandard TIME AND d a t e : 2:00 p.m. (CST), road right of way for the relocated section of holidays. Wednesday, November 6,1985. road. 45890 Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Sunshine Act Meetings

F—Unclassified from Bear Creek, East Fork Poplar Creek, covering arrangements for the continuation of *F1. Interagency Agreement No. TV- White Oak Creek, and several control a cooperative effort for the development and 68155A between U.S. Environmental streams near Oak Ridge, Tennessee. management of the Bear Creek Project. Protection Agency and TV A for research to F5. Interagency Agreement No. TV-68161A ‘ Items approved by individual Board determine the contribution of acidic between the Department of Energy, Western members. This would give formal ratification deposition to contaminants in cistern water Area Power Administration and TVA to the Board’s action. supply. covering arrangements for TVA to provide CONTACT PERSON FOR MORE *F2. Interagency Agreement No. TV- shop detail and erection drawings and INFORMATION: Craven H. Crowell, Jr., 68154A between U.S. Environmental modification steel for modifying a double­ Protection Agency and TVA for research on circuit 230^-kV transmission line tower to Director of Information, or a member of the effects of pH and aluminum on life stages operate as a single-circuit 500-kV tower. his staff can respond to requests for of smallmouth bass and rainbow trout. F6. Cooperative Agreement No. TV-65181A information about this meeting. Call F3. Agreement No. TV-67796A between the between The American Welding Institute (615) 632-8000, Knoxville, Tennessee. University of Maine at Orono and TVA (AWI) and TVA covering arrangements for Information is also available at TVA’s covering arrangements for TVA to conduct TVA to provide AWI with certain welding Washington Office J202) 245-0101. research on aluminum biogeochemistry in and testing equipment, workspace, office Dated: October 29,1985. forested watersheds. space, secretarial services, and office F4. Supplement to Agreement No. TV- equipment and supplies for a two-year periodT W.F. Willis, 64685A with Oak Ridge Operations, U.S. in exchange for a 15-year membership. General Manager. Department of Energy covering arrangements F7. Contract No. TV-64000A between Bear [FR Doc. 85-26309 Filed 10-31-85 10:22 am] for TVA to analyze macrbenthos samples Creek Development Authority and TVA BILLING CODE 8120-01-M Monday November 4, 1985

Part II

Environmental Protection Agency

40 CFR Part 35 Grants for Construction of Treatment Works; Interim Final Rule 45892 Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations

ENVIRONMENTAL PROTECTION amendments clarify EPA policy and of the appropriation and the following AGENCY intent, clarify ambiguities in the fiscal year, after which the funds are language, and correct typographical reallotted if not obligated. The 40 CFR Part 35 errors. The following paragraphs discuss amendment to paragraph (b) clarifies [OW-FRL-2879-9] EPA’s responses to those comments the method of determining reallotment received. ratios by stressing that a State that Grants for Construction of Treatment In addition, a review of the regional failed to obligate its allotment is not disputes resolution procedure prompted Works considered in the determination of the the revision of Subpart J of Part 35. The ratio used to reallot unobligated funds. a g e n c y : Environmental Protection amendment to § 35.3030 provides Agency. clarification to the procedure and Combined Sewer Overflow a c t io n : Interim final rule. consistency within the assistance disputes provisions in the general grant We have identified two Marine CS0 s u m m a r y : This rule amends the regulation, 40 CFR Part 30, Subpart L. issues since the publication of the final construction grant regulation, 40 CFR regulation in February 1984. Both issues Part 35, Subpart I, published as a final Alternative Technologies for Small concern the Federal share applied to rule on February 17,1984 (49 FR 6224), Communities Marine CSO Fund projects under section and the construction grants program Several commentors have asked 201(i»X2) of the Act and § 35.2024(a) of State delegation regulation, 40 CFR Part whether it is proper to include the regulations. The first issue is how to 35, Subpart J, published as a final rule alternative conveyance systems and determine the prevailing Federal share on August 19,1983 (48 FR 37814). These onsite systems under the unrestricted applied to Marine CSO Fund projects. revisions clarify provisions in the • definition of alternative technology Under § 35.2152(a), the Federal share regulation, provide consistency within (§ 35.2005(b)(4)). We did not intend to that applies to Marine CSO Fund the regulations, correct grammatical and make alternative sewers and onsite projects is the program-wide Federal spelling errors, and provide information . systems eligible as alternative share prevailing at the time of the grant that was unavailable at the time of technology for any size community. award. The regulations are clear on this publication. EPA is making these Alternative sewers and onsite systems point and, therefore, will not be revisions in response to comments and are eligible as alternative technology for amended. questions. small communities only, However, an amendment is required d a t e s : This regulation is effective Therefore, in order to clarify the to clarify the second issue, which is December 4,1985. Comments must be definitions, the last phrase of whether a State’s uniform lower Federal received on or before January 3,1986. § 35.2005(b)(4), the definition of share applies to a Marine CSO Fund alternative technology, concerning a d d r e s s : Comments should be project. The amendment to § 35.2152(c) addressed to: Central Docket Section onsite and alternative collector sewers, provides that the State’s uniform lower has been moved to § 35.2005(b)(5), the (LE-131), Attention: Docket No. G-85-01, Federal share does not apply to a definition of alternative to conventional Environmental Protection Agency, Marine CSO Fund project in that State, j treatment works for a small community. Washington, D.C. 20460. because the funds appropriated under The amendment also is consistent with The public may inspect the comments section 201(n)(2) of the Act are not part § 35.2005(b)(10)(iii), the definition of received on this rule between 8 a.m. and of the Slate’s allotment and the Marine collector sewer, regarding the eligibility 4 p.m. on business days at: Central CSO Fund projects are not processed of alternative conveyance systems as Docket Section, Gallery 1 West Tower through the State priority system. alternative technology for small Lobby, Environmental Protection communities only. Phased or Segmented Treatment Works Agency, 401 M Street SW., Washington, In addition, We are adding a new D.C. 20460. sentence to § 35.2005(b)(5). This It is EPA policy that when a FOR FURTHER INFORMATION CONTACT: sentence also appears in municipality simultaneously files an Patricia A. Power, Office of Municipal § 35.20G5(b)fl8j, the definition of application for a grant to construct Pollution Control (WH-546), individual systems. This change will treatment works necessary to achieve j Environmental Protection Agency, clarify that “small diameter gravity secondary treatment and an application Washington, D.C. 20460, 202-382-2287. sewers carrying raw wastewater to for a section 301(h) waiver, a grant may SUPPLEMENTARY INFORMATION: On cluster systems’’ are eligible as be awarded for a phase or segment February 17,1984, the Environmental alternative technology for publicly providing less than secondary treatment. Protection Agency (EPA) published final owned systems as well as privately A subsequent segment, which wall be and interim final regulations governing owned systems. required if the waiver is denied, would ; grants for construction of treatment Finally, we are correcting a provide the required secondary works authorized under Title II of the typographical error in § 35.2005(b}f40) treatment whether or not Federally Clean Water Act, as amended. The main by changing “large” to “larger.** This funded. To make this policy clear, we body of the construction grants will clarify that the highly dispersed are amending § 35.2108(b) by adding a regulation (§ 35.2000 et seq.), and sections of a municipality larger than new paragraph (b)(4). Appendix B (Allowance for Facilities 3,500 in population may be deemed a Revised Water Quality Standards Planning and Design), were published as “small community.” a final rule while Appendix A Reallotment Wre received several requests to (Determinations of Allowable Costs) clarify § 35.2111, the provision which was published as a revised interim final Section 35.2010 provides the rales for prohibits award of a grant pursuant to i rule. allotment and reallotment of section 24 of the 1981 Amendments to The following amendments are construction grant funds. Paragraph (b) the Act. The sanction is imposed if a revisions in response to various provides that funds allotted to a State Slate Jails to review and revise, as questions and comments on the are available for obligation to a specific appropriate, its water quality standards regulation and Appendix A. These project for the balance of the fiscal year pursuant to section 303(c) of the Act. Federal Register / VoL 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations 45893

The first issue raised was when and between population size and approved by the Regional Administrator how ofter the sanction applies. If the nonexcessive inflow (gallons per capita) at the time of grant award. State has not, since December 29,1981, and a maximum average peak flow of Fourth, a new paragraph is added to I reviewed and revised, as appropriate, 275 gallons per capita per day in the Appendix A(b)B.2„ a section that the water quality standards for the studied systems. This figure provides a addresses the unallowable costs related stream into which the wastewater simplified and straightforward standard to mitigation of environmental impacts. i treatment works applying for a for determining whether maximum flow The new paragraph, b., makes clear that construction grant will discharge, the rates from an existing system are the cost of land acquired to mitigate sanction applies. The sanction is excessive and further I/I study and adverse environmental effects as effective for construction grants analysis are necessary. identified pursuant to an environmental awarded after December 29,1984. Therefore, we are revising § 35.2120(b) review under the National Section 303(c) of the Act requires that at to require a study if during rain events Environmental Policy Act (NEPA), 42 least once every three years the State (which are deemed by the State to be U.S.C. 4321 e t se q ., is an unallowable review its water quality standards and, locally representative and significant, cost. This amendment responds to a if appropriate, revise the standards. The for example in terms of storm frequency recent EPA Board of Assistance Appeals [ requirements of section 303(c) of the Act and intensity) inflow results in chronic (BAA) decision, City o f M erced, are continuous; however, the sanction operational problems related to C a lifo rn ia (EPA Docket No. 82-74), imposed by section 24 of the 1981 hydraulic overloading or the total daily which took a position, contrary to the Amendments is not. That is, the section flow rate exceeds 275 gpcd. We are long-standing Agency policy, that the 24 sanction will not apply to every making a corresponding change to the cost of land to mitigate adverse section 303(c) water quality standards definition of nonexcessive inflow, environmental effects identified under review violation. Section 24 of the § 35.2005(b)(29). NEPA is allowable. The Agency policy Amendments was not intended to be a is based on section 212(2) of the Act Determination of Allowable Costs surrogate for section 303(c) of the Act. which provides for only two categories Section 35.2111 has been amended Several provisions of Appendix A are and land in the definition of treatment accordingly. Although the section 24 amended to provide clarity and works: Land that will be used as an sanction applies only once, this does not consistency. First, a new paragraph is integral part of the treatment process* affect the State’s responsibility under added to Appendix A(b)A.l. to clarify and land that will be used for the section 303(c) to ensure that adequate that specific and unique costs ultimate disposal of residues resulting review and revision of water quality associated with an onsite or off-site from such treatment. Because land standards are completed in the future. Innovative or Alternative (I/A) field test acquired to mitigate adverse The second issue raised was whether are allowable. Congress intended to environmental effects is not included in j the section 24 grant sanction applies to encourage I/A field testing of innovative the definition of treatment works and j all grants awarded under Title II of the or alternative technologies by making because NEPA does not provide Act or only to grants for the construction the field tests grant eligible. Included in independent funding authority, the cost of treatment works. The grants subject this eligibility is construction of the field of that land purchase is not allowable. to this sanction are construction grants. test treatment works as well as the costs The amendment to Appendix A Funding for State programs authorized of conducting the study and reporting explicitly states that it is an unallowable by sections 205(g) and 205(j) of the Act the results. The amendment will allow cost. However, providing that the cost of and for non-discharging land treatment the costs specific and unique to the field land purchased to mitigate adverse and containment ponds are not affected. test aspects of the project. However, we environmental impacts is unallowable Therefore, § 35.2111 is amended by stress that normal operation and does not affect the requirement to adding new paragraphs (b) and (c). maintenance costs as defined in mitigate. 40 CFR Part 6 requires that j Infiltration /Inflow (I/I) § 35.2005(b)(30) are not allowable as effective mitigation measures be Section 35.2120(b) requires a grantee construction costs of a field test. developed and implemented. Also, the to perform a study of its sewer system Second, Appendix A(b)A.2.a. is applicant must provide in the facilities and to propose a rehabilitation program clarified to reflect the Congressional plan a cost-effectiveness analysis of the if rainfall-induced peak flows result in intent behind section 202(a)(3) of the Act feasible alternatives, including an chronic operational problems related to which states that the Administrator is analysis of the ineligible land purchase. hydraulic overloading during storms. authorized to make a grant to fund all Fifth, on March 1,1985, the BAA Based on a study which was to identify the costs of the modification or issued a decision in the case of C ounty a more quantitative criterion, and that replacement of an I/A technology o f Ventura, California (EPA Docket No. was underway at the time the current project that received an increased 83-121). The BAA determined that for | regulation was published, we have Federal share grant and that failed to this particular publicly-owned small determined that flow rates less'than 275 meet its design performance alternative system, the cost of sewer [ gallons per capita per day (gpcd) during specifications. The amendment clarifies pipe installed between the foundations j storms generally indicate that inflow is that the actual planning and design of homes and the septic tanks (house not excessive. The study evaluated the costs of an I/A modification or laterals) was eligible for Federal | results of sewer system evaluation replacement project are allowable costs. funding. Agency policy is that for small j surveys in numerous communities in Third, Appendix A(b)A.2.e. is revised systems, as for conventional treatment I seven EPA Regions to determine: (1) for consistency with § 35.2212(b). The works, the cost of house laterals is not Below what flow further I/I correction amendment clarifies that incremental eligible. As indicated by the legislative ! was unlikely to be cost-effective costs due to the award of a history underlying section 211 of the I compared to providing increased subagreement for building significant Clean Water Act, this policy is hydraulic capacity at the plant and (2) elements of the project more than 12 consistent with the intent of Congress: the units of measure in which to months after Step 3 grant award or Step “Sewer lines financed under this t describe the flow. The study found a 2+ 3 final approvals are unallowable authority (Title II) are to be limited to significant statistical correlation unless specified in the project schedule the main lines constructed by the public 45894 Federal Register / Völ 50, No. 213 / Monday, November 4* 1985 / Roles and Regulations agency and does not include the The amendment also revises the PART 35—[AMENDED] connection to such lines by households description of the documents that must and others.” H.R. Report No. 92-911* be submitted with a request for review 1. The authority citation for Part 35 92nd Cong. 2nd Sess. (1972). House of a State decision and the requirements continues to read as follows: laterals were explicitly excluded from for filing a request for review. These Authority: Secs. 101(e), 109(b). 201 through the applicable definition of a sewage revisions also are intended to make 205, 207,200(d), 210 through 212, 215 through i collection system in previous § 35.3030 consistent with Subpart L. 217, 304(d)(3). 313* 501.511* and 516(d) of the I regulations, 40 CFR 354.905. House Clean Water Act, as amended, 33 U.S.C. 12a I laterals are likewise explicitly excluded Minor Clarifications and Corrections etseq. from the present definition of collector The balance of the amendments 2. In § 35.2005, paragraphs (b) (4), (5), sewer, 40 CFR 35.2OO5(10HiiiJ, and are clarify regulatory language and correct (22), (29), and (40) are revised to read as specifically made ineligible for funding typographical errors. follows; under small system projects pursuant to Regulation Development Process Appendix A(b)C.2.b. § 35.2C05 Definitions. To some it was unclear whether the E xecutive O rd er 12291 costs of conveyance pipes from a user’s These rules have been reviewed under fb) house to the property line were Executive Order (E.O.) 12291 and do not (4) Alternative technology. Proven allowable if the treatment unit was not meet the criteria for a major regulation. wastewater treatment processes and located on that user's property. This regulation will not result in: An techniques which provide fo r the Therefore, Appendix A(b)C.2.b. has annual effect on the economy of $100 reclaiming and reuse of water, been modified to make it clear that this million or more; a major increase in productively recycle wastewater cost is unallowable* costs or prices for consumers, individual constitutuents or otherwise eliminate Finally, Appendix A(b}D. is amended industries. Federal, State, or local the discharge of pollutants, or recover ; to clarify the Agency’s longstanding government agencies, or geographic energy. Specifically, alternative policy that the grantee must satisfy the regions; or significant adverse effects on teGhnoIgy includes land application of requirements of the Uniform Relocation competition, employment, investment, efflnent and sludge; aquifer recharge; Assistance and Real Property productivity, innovation, or U.S. aquaculture; direct reuse (non-potable) Acquisition Policies Act of 1970 (URA) enterprises operating domestic or horticulture; revegetation of disturbed ; in acquiring land, easements, and rights- foreign markets. Since this regulation is land; containment ponds; sludge of-way for sewer lines which are not a major rule, a Regulatory Impact composting and drying prior to land necessary for a Federally funded project Analysis is not required. application; self-sustaining incineration; even though Federal funds are not used and methane recovery. to buy the land. Columbia, South Paperwork Reduction Act (5) Alternative to conventional Carolina sued the EPA over this issue. The information collection treatment works for a sm all community. \ The Fourth Circuit in City o f Columbia requirements contained in the regulation For purposes of §§ 35.2020 and 35.2032, j v. C o stle, 710 F.2d 1009 (4th Cir. 1983), that these rules revise are being alternative technology used by upheld EPA’s determination that if real reviewed by OMB under previously treatment works in small communities property must be acquired for a assigned control numbers 2040-0027 and include alternative technologies defined j Federally assisted project the 2040-0095. The amendments to in paragraph (b)(4), as well as, acquisition must be in accordance with information collection provisions individual and onsite systems; small the URA regardless of whether the §§ 35.2040 and 35.3030 do not impose diameter gravity, pressure or vacuum Federal funds contribute to the cost of any additional information requirement sewers conveying treated or partially the real property. but simply further describe an existing treated wastewater. These systems can Regional Disputes Resolution requirement. Therefore, the amendments also include small diameter gravity to §§ 35.2040 and 35.3030 contained in sewers carrying raw wastewater to The amendment to § 35.3030 revises this interim final rule will not have any cluster systems. the procedures for conducting Regional impact on the paperwork burden review of delegated State decisions already imposed by the cleared (22) Initiation o f operation. The date pursuant to 40 CFR Part 30, Subpart L, regulation. This rule will also carry the specified by the grantee on which use of | which governs disputes arising under control numbers 2040-0027 and 2040- EPA assistance programs. 0095. the project begins for the purpose for To be consistent with EPA guidance* which it was planned, designed, and the amendment provides that a request List of Subjects in 40 CFR Part 35 built. for review of a State decision should be Air pollution control, Grant submitted to the Region, rather that the programs—environmental protection, (29J Nonexcessive inflow. The Regional Administrator (RA), for a Indians, Pesticides and pests, Reporting maximum total flow rate during storm decision under Subpart L. The Region and recordkeeping, Waste treatment events which does not result in chronic should determine whether the State’s and disposal. Water pollution control. operational problems related to review is comparable to a dispute This regulation was submitted to the hydraulic overloading of the treatment decision official’s (DDO) review under Office of Management and Budget for works or which does not result in a total j Subpart L. If the State’s review is review as required by Executive Order flow of more than 275 gallons per capita comparable, the only Regional review 12291. per day (domestic base flow plus will be conducted by the RA. If the Lee M. Thomas, infiltration plus inflow). Chronic State’s review is not comparable, the operational problems may include Administrator. DDO will review the State’s decisions surcharging, backups, bypasses* and and issued written decisions. Review of October 10,1985. overflows. (See §§ 35.2005{b)(16) and either RA or DDO decisions may be Accordingly, EPA is amending 40 CFR 35.2120). requested pursuant to Subpart L. Part 35* Subparts I and J as follows: Federal Register / VoL 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations 45895

(40) Small Community. For purposes made from these funds to cover the grant agreement regardless of whether of §§ 35.2020(b) and 35.2032, any costs of administering activities grant funding is available for the municipality with a population of 3,500 delegated or scheduled to be delegated remaining phases and segments; and or less or highly dispersed sections of to a State. Funds reserved for this (b) * * * larger municipalities, as determined by purpose that are not obligated by the (2) The period to complete the the Regional Administrator. end of the allotment period will be * * * * building of the treatment works will added to the amounts last allotted to a cover three years or more; 3. In § 35.2010, paragraph (b) is State. These funds shall be immediately (3) The treatment works must be amended by adding the phrase, “, available for obligation to projects in the phased or segmented to meet the adjusted for the States which failed to same manner and to the same extent as requirements of a Federal or State court obligate any of the fiscal year funds the last allotment. order; or ***** being reallotted,” following the words (4) The treatment works is being “then-current fiscal year” in the second (c) Reserve for innovative and phased or segmented to build only the sentence. As revised, paragraph (b) alternative technologies. * * * less-than-secondary facility pending a reads as follows: * ★ * * * final decision on the applicant’s request § 35.2010 Allotment; reallotment. 5. In § 35.2021, paragraphs (a) and (c) for a secondary treatment requirement * * * * * are revised to read as follows: waiver under section 301(h) of the Act. 8. Section 35.2111 is revised to read as (b) Unless otherwise provided by § 35.2021 Reallotment of reserves. Congress, all sums allotted to a State follows: (a) Mandatory portions of reserves under section 205 of the Act shall under § 35.2020(b) through (e) shall be § 35.2111 Revised water quality remain available for obligation until the reallotted if not obligated during the standards. ¡end of the one year after the close of the After December 29,1984, no grant can ¡fiscal year for which'the sums were allotment period (§ 35.2010(b) and (d)). be awarded for projects that discharge appropriated. Except as provided in Such reallotted sums are not subject to into stream segments which have not, at § 35.2020(a), sums not obligated at the reserves. The State management least once since December 29,1981, had end of that period shall be subject to assistance reserve under § 35.2020(a) is ¡reallotment on the basis of the same not subject to reallotment. their water quality standards reviewed ***** 'ratio as applicable to the then-current and revised or new standards adopted, fiscal year, adjusted for the States which (c) Sums deobligated from the as appropriate, under section 303(c) of failed to obligate any of the fiscal year mandatory portion of reserves under the Act, unless: funds being reallotted, but none of the paragraphs (b) through (e) of § 35.2020 (a) The State has in good faith funds reallotted shall be made available which are reissued by the Comptroller submitted such water quality standards ¡to any State which failed to obligate any to the Regional Administrator before the and the Regional Administrator has of the fiscal year funds being reallotted. initial reallotment date for those funds failed to act on them within 120 days of Any sum made available to a State by shall be returned to the same reserve. receipt; ¡reallotment under this section shall be (See § 35.2010(c)). (b) The grant assistance is for the ¡in addition to any funds otherwise 6. Section 35.2040 is amended by construction of non-discharging land ¡allotted to such State for grants under revising paragraphs (a)(3) and (4), treatment or containment ponds; or this subpart during any fiscal year and adding paragraph (a)(5), and revising the (c) The grant assistance is a State the reallotted funds shall remain heading of paragraph (f) to read as program grant awarded under section available for obligation until the last day follows: 205(g) or 205(j) of the Act. of the fiscal year following the fiscal 9. Section 35.2120(b) is amended by year in which the reallotted funds are § 35.2040 Grant application. adding the phrase ", or the rainfall * . * * * * [issued by the Comptroller to the induced total flow rate exceeds 275 gpcd Regional Administrator. (a) * * * during storm events,” to the first |* * * * * (3) Notification of any advance sentence of the paragraph. As revised, 4. Section 35.2020(a) and (c) are received under § 35.2025(b); paragraph (b) reads as follows: amended by revising the reference to (4) Evidence of compliance with all application limitations on award § 35.2120 Infiltration/lnflow. “Subpart F” to “Subpart A” in the first ***** [sentence of (a); adding the word “not” (§ 35.2100 through § 35.2127); and [between “are” and “obligated” in the (5) The project schedule. (b) Inflow. If the rainfall induced peak * * * * * [third sentence of (a); and italicizing the inflow rate results or will result in [heading of (c). As revised, paragraphs (f) Marine CSO Fund Project. chronic operational problems during [(a) and the heading of (c) read as * * * * * storm events, or the rainfall-induced [follows: 7. Section 35.2108 is amended by total flow rate exceeds 275 gpcd during revising paragraphs (a) and (b)(2) and storm events, the applicant shall [§ 35.2020 R eserves. perform a study of the sewer system to I* * * * + (3), and adding paragraph (b)(4) to read as follows: determine the quantity of excessive [ (a) Reserve for State management inflow and to propose a rehabilitation assistance grants. Each State may § 35.2108 Phased or segmented treatment program to eliminate the excessive [request that the Regional Administrator works. inflow. All cases in which facilities are [reserve, from the State’s annual * * * * * planned for the specific storage and/or allotment, up to 4 percent of the State’s (a) The grant agreement requires the treatment of inflow shall be subject to a [allotment based on the amount recipient to make the treatment works of cost-effectiveness analysis. authorized to be appropriated, or which the phase or segment is a part * * * * * 5400,000, whichever is greater, for State operational and comply with the 10. Section § 35.2152 is amended by management assistance grants under enforceable requirements of the Act adding paragraph (c)(3) to read as ¡Subpart A of this part. Grants may be according to a schedule specified in the follows: 45896 Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Rules and Regulations

§ 35.2152 Federal share. amended by adding paragraph (b)B.2.b.. introductory text of Appendix A of ★ * Hr * to reads as follows: Subpart I are amended by adding the (c) * * * Appendix A—Determination of words “treatment works serving” before (3) The uniform lower Federal share Allowable Costs “industrial and Federal facilities” in the established by the Governor does not * Hr * Hr Hr first sentences. apply to projects funded under (b) * * * 19. Section 35.3030 is revised to read i § 35.2024(b). J3. M itigation as follows: Hr * * * * * Hr Hr * Hr § 35.3030 Right of review of State 11. Appendix A of Subpart I is 2. Unallowable costs include: decision. amended by adding paragraph k. to * Hr * * * (a) Any construction grant application (b)A.l to read as follows: b. The cost of land acquired for the or grantee who has been adversely Appendix A—Determination of mitigation of adverse environmental effects affected by a State’s action or omission j Allowable Costs identified pursuant to an environmental may request Regional review of such Hr Hr Hr Hr ★ review under NEPA. action or omission, but must first submit * Hr Hr . * Hr a petition for review to the State agency ( f a r * * 15. Appendix A of Subpart I is that made the initial decision. The State A. Costs Related to Subagreements amended by revising paragraph (b)C.2.b. agency will make a final decision in 1. Allowable costs related to to read as follows: accordance with procedures set forth in subagreements include: Appendix A—Determination of the delegation agreement. The State Hr H Hr Hr * Allowable Costs must provide, in writing, normally k. The specific and unique costs of field Hr Hr • * Hr * within 45 days of the date it receives the testing an innovative or alternative process (b ) * * * petition, the basis for its decision or technique, which may include equipment leasing costs, personnel costs, and utility C. Privately or Publicly Owned Small and regarding the disputed action or costs necessary for constructing, conducting, Onsite Systems omission. The final State decision must and reporting the results of the field test. * Hr Hr Hr * be labeled as such and, if adverse to the ★ Hr Hr Hr Hr 2. Unallowable costs for small and onsite applicant or grantee, must include notice 12. Appendix A of Subpart I is systems include: of the right to request Regional review of amended by revising paragraph (b) * Hr Hr * Hr the State decision under this section. A A.2.a. to read as follows: b. Conveyance pipes from the house to the State’s failure to address the disputed Appendix A—Determination of treatment unit located on user’s property or action or omission in a timely fashion, or] from the house to the property line if the Allowable Costs in writing, will not preclude Regional treatment unit is not located on that user's review. Hr ★ Hr * Hr property. (b) Requests for Regional review must (b) * * * Hr ★ Hr Hr Hr include: 16. Appendix A of Subpart I is A. Costs Related to Subagreements (1) a copy of any written State Hr . ■ Hr Hr Hr Hr amended by revising paragraphs (b)D. decision. l.b. and 2.a. to read as follows: 2. Unallowable costs related to (2) a statement of the amount in subagreements include: Appendix A—Determination of a. The costs of architectural or engineering Allowable Costs dispute, services incurred in preparing a facilities plan * H * • • Hr ' ; * (3) a description of the issues and the design drawings and specifications (b) * * * involved, and for a project. This provision does not apply to (4) a concise statement of the planning and design costs incurred in the D. Real Property objections to the State decision. modification or replacement of an innovative 1. Allowable costs for land and rights-of- or alternative project funded under way include: The request must be filed by § 35.2032(c). * Hr Hr Hr * registered mail, .return receipt requested Hr * * Hr * within thirty days of the date of the b. The cost of complying with the 13. Appendix A of Subpart 1 is requirements of the Uniform Relocation State decision or within a reasonable amended by revising paragraph (b)A.2.e. Assistance and Real Property Acquisition time if the State fails to respond in to read as follows: Policies Act of 1970 (42 U.S.C. 4621 et seq., writing to the request for review. Appendix A—Determination of 4651 et seq.), under Part 4 of this chapter for (c) The Region shall determine land necessary for the building of treatment Allowable Costs whether the State’s review is works. comparable to a dispute decision Hr H * Hr * Hr Hr Hr * Hr official’s (DDO) review pursuant to 40 (b) * * * 2. Unallowable costs for land and rights-of- CFR Part 30, Subpart L. If the State’s A. Costs Related to Subagreements way include: review is comparable, Regional review Hr - Hr H Hr H a. The costs of acquisition (including associated legal, administrative and of the State’s decision will be conducted 2. Unallowable costs related to engineering etc.) of sewer rights-of-way, by the Regional Administrator. If the subagreements include: waste treatment plant sites (including small State’s review is not comparable, the Hr Hr Hr .Hr • system sites), sanitary landfill sites and DDO will review the State’s decision (e) All incremental costs due to the award sludge disposal areas except as provided in and issue a written decision. Review of of any subagreements for building significant paragraphs 1. a. and b. of this section. either a Regional Administrator or DDO elements of the project more than 12 months Hr Hr * H Hr decision may be requested pursuant to after the Step 3 grant award or final Step 2+3 approvals unless specified in the project 17. Paragraphs (b)E.l.f.{3) of Appendix Subpart L schedule approved by the Regional A of Subpart I is amended by revising (Approved by the Office of Management and Administrator at the time of grant award. the words “septic tanks” to “septage Budget under control number 2040-0095} ★ Hr Hr Hr Hr tankers” in the first sentence. [FR Doc. 85-25517 Filed 11-1-85; 8:45 am) 14. Appendix A of Subpart I is 18. Paragraphs (b) F.l. and F.2. BILLING CODE 6560-50-M Monday November 4, 1985

Part III

Department of Agriculture Food and Nutrition Service

7 CFR Part 225 Summer Food Service Program; Proposed Rule 45898 Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Proposed Rules

DEPARTMENT OF AGRICULTURE Service has certified that this final rule Federal funds. The SAA also exempts does not have a significant economic State and local governments which Food and Nutrition Service impact on a substantial number of small annually receive less than $25,000 in entities. Federal assistance from compliance 7 CFR Part 225 In accordance with the Paperwork with the SAA and other Federal audit Reduction Act of 1980 (44 U.S.C. 3507), requirements. Such organizations are to Summer Food Service Program the reporting and recordkeeping be governed by audit requirements AGENCY: Food and Nutrition Service, requirements that are included in this prescribed by State or local law or USDA. proposed rule will be submitted for regulation. approval to the Office of Management ACTION: Proposed Rule. The Department also wishes to clarify and Budget (OMB). They are not several aspects of an OWA. First an SUMMARY: The Department proposes to effective until OMB approval has been OWA must cover the organization’s amend the regulations governing the obtained. entire operations. The purpose of an Summer Food Service Program (SFSP) This program is listed in the Catalog OWA is to test the overall integrity of by: (1) Revising the SFSP audit of Federal Domestic Assistance under an organization’s accounting practices. requirements to conform to the Single No. 10.559 and is subject to the Therefore, all sources of a sponsor’s Audit Act of 1984, Office of provisions of Executive Order 12372 funding must be subject to audit so that Management and Budget Circular A-128, which requires intergovernmental the audit provides a valid examination and the Department’s Uniform Federal consultation with State and local of the organization’s entire accounting Assistance Regulations (7 CFR Part officials. (Cite 7 CFR 3015, Subpart V, 48 system. Secondly, sponsors receiving 3015); (2) limiting reimbursements to one FR 29112, June 24,1983; 49 FR 22675, Federal funds are subject to OWAs even meal per child for each meal service; May 31,1984; 50 FR 14088, April 10,1985, if there is only one source of funding. and (3) making various technical and as appropriate, and any subsequent The intent of OWAs is to provide notices that may apply.) clarifying amendments. These actions information about the integrity of the are necessary to bring the SFSP’s audit Background organization’s accounting system requirements into conformance with without the duplication and inefficiency The SFSP is authorized by section 13 other Federal audit requirements, to resulting from separate, program- improve program management, and to of the National School Lunch Act. Comprehensive program regulations specific audits. If the total grant is clarify various aspects of the SFSP provided by a single source (e.g., the regulations. were last issued on February 16,1982 (47 FR 6790) and implemented a number of SFSP), the sponsor is still responsible for d a t e s : To be assured of consideration, . changes mandated by the Omnibus arranging and paying for the audit. comments must be postmarked on or Finally, the failure of a sponsor to have before December 4,1985. Budget Reconciliation Act of 1981 (Pub. L. 97-35). Since that time, annual an OWA may result in their termination Ad d r e s s : Comments should be reissuances of the SFSP regulations from the SFSP. The State agency would addressed to Mr. Lou Pastura, Chief, have incorporated clarifying need to consider the individual Policy and Program Development amendments and technical circumstances and determine Branch, Child Nutrition Division, Food modifications to the program. This appropriate action on a case-by-case and Nutrition Service, U.S. Department year’s reissuance, which will be used in basis. of Agriculture, 3101 Park Center Drive, administering the program in Fiscal Year 509, 22302. Clarifying Amendments Room Alexandria, Virginia 1986, includes on changed resulting from FOR FURTHER INFORMATION CONTACT: new statutory requirements and four , The Department also wishes to revise Mr. Lou Pastura or Mr. James C. technical and clarifying amendments. or clarify four other areas of the current O’Donnell at the above address or by SFSP regulations. telephone at (703) 756-3620. Statutory Changes I. Claims for Seconds and Disallowed SUPPLEMENTARY INFORMATION: In Pub. L. 98-502, the Single Audit Act Meals (SAA) of 1984, Congress enacted new Classification audit requirements for State and local The Department proposes to make This rulemaking has been reviewed governmental grant recipients. In two related changes to improve program under Executive Order 12291 and has conformance with Pub. L. 98-502, the management and the use of Federal been classified not m ajor because it will Office of Management and Budget resources. The first of these changes not have an annual effect on the (OMB) has issued a new circular (OMB would end the practice of allowing economy of $100 million; will not cause Circular A-128) defining the sponsors to claim the cost of some a major increase in costs or prices for responsibilities of State and local disallowed meals as "operating costs.” Program participants, individual government grant recipients; the The second change would disallow industries, Federal agencies, State or Department has followed suit and has sponsor claims for "seconds’’ served to local government agencies or geographic amended 7 CFR Part 3015^50 FR 28759; participating children. regions; and will not have a significant July 16,1985) in order to implement the Currently, § 225.11(c)(4) gives States economic impact on competition, non-discretionary changes to grantee the discretion to allow sponsors to claim employment, investment, productivity, audit requirements. the costs of some disallowed meals as innovation, or the ability of U.S.-based OMB circulars have generally "operating costs.” The rationale for this enterprises to compete with foreign- mandated organization-wide.audits provision was to avoid penalizing based enterprises in domestic or foreign (OWAs) for all public and private efficient sponsors with a low level of markets. nonprofit organizations participating in meal disallowances. The preamble to This rule has also been reviewed with Federal programs. OMB previously the SFSP regulations published on regard to the requirements of the granted an exemption to this January 31,1981 (46 FR 6266) stated that, Regulatory Flexibility Act (5 U.S.C. 601- requirement for all Child Nutrition - “The Department recognizes that to a 612). Pursuant to the review, the Programs grant recipients which small extent disallowances may be Administrator of the Food and Nutrition annually receive less than $25,000 in unavoidable . . . .” The number of Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Proposed Rules 45899 disallowed meals which could be III. "Scope Reports” PART 225— [AMENDED] reimbursed under this procedure was limited by a site’s approved level of The Department proposes to delete 1. The authority citation for Part 225 meal service, if one was required by § 225.10(b). The implementation of the continues to read as follows: : 60/90 day reporting requirements means § 225.7(j), and by § 225.13(e), which Authority: Secs. 803, 807, 809, 816 and 817, requires sponsors to plan meal service that States are now*submitting the same Pub. L 97-35, Secs. 203 and 206, Pub. L. 96- "with the objective of providing only data to the Department on the FNS-418. 499, Secs. 5, 7,10, Pub. L. 95-627, 95 Stat. 3603 one meal per child . . . .” The Department now assembles these (42 U.S.C. 1771); Sec. 2, Pub. L 95-166, 91 Stat. The Department feels that it is now data and prepares the annual scope 1325 (42 U.S.C. 1761); Sec. 7, Pub. L. 91-248, 84 appropriate to establish more rigorous report. Stat. 211 (42 U.S.C. 1859a), unless otherwise noted. requirements for meal reimbursements. IV. Sponsor Eligibility Since the publication of the 1981 2. In § 225.7, the last sentence of regulations, Congress enacted Pub. L. Section 225.18(b) of the regulations paragraph (j)(5) is revised to read as 97-35, the Omnibus Budget and states that, “(njo applicant sponsor shall follows: Reconciliation Act (OBRA) of 1981. This be eligible to participate in the program § 225.7 State agency responsibilities. law restricted SFSP sponsorship to unless it . . . (8) [i]f a summer school is ***** school food authorities, governmental open to serve children in addition to entities, and nonprofit private those enrolled in the accredited school (j) * * * residential camps. These sponsors are program . . . .” The intent of the (5) * * * The sponsor shall adjust capable of handling unexpected regulation was to clarify when a summer meal orders to comply with Section fluctuations in participation and school would be eligible to participate in 225.19(d), which requires that only one providing only one meal per child at the SFSP, as opposed to the National meal per child be claimed at each meal each meal service. In addition, School Lunch Program (NSLP). A service. § 225.8(a)(1) of the regulations requires summer school which provided meals * * * • * * that sponsors have the means to store only to children enrolled in school and refrigerate leftover meals until the would be eligible to participate in the §225.8 [Amended] next day and to adjust the number of NSLP, but not the SFSP; a summer 3. In § 225.8, paragraph (a)(8) is meals delivered to conform to daily school providing meals both to enrolled amended by changing the words attendance. It follows that sponsors students and to other children could "Section 225.18(b)(9)” to read “Section meeting these requirements should be participate in the SFSP* 225.18(c)(3)”. able to avoid meal disallowances due to As written, § 225.18(b) of the § 225.10 [Amended] excess meals. Finally, eligible sponsors regulation does not address the case of 4. In § 225.10, paragraph (b) is should also be capable of avoiding a School Food Authority (SFA) which disallowances for meal pattern removed and paragraphs (c), (d), and (e) sponsored the SFSP and made meals are redesignated as paragraphs (b), (c), violations by enforcing the terms of their available in some, but not all, of its food service management contracts as and (d), respectively. individual schools. In such a case, all of 5. In § 225.11: set forth in § 225.16(e)(4). the sponsor’s schools would not be A similar logic argues for a. Paragraph (c)(4) is amended by “open to serve children in addition to changing the words “Section 225.10(c)” discontinuing sponsor claims for those enrolled in the accredited school "seconds.” Currently, seconds may be to read "Section 225.10(b)” and by program . . . .” The intent of the removing the fourth and fifth sentences. claimed for reimbursement if the regulation is to specify that, if one or sponsor has planned its meal service b. Paragraph (d) is removed. more of the SFA’s sites (schools) was c. Paragraph (e) is redesignated as with the objective of providing only one closed or provided meals only to meal per child at each meal service. paragraph (d) and is amended by enrolled children, those sites would not revising the second sentence. The Again, sponsors meeting the be eligible for SFSP reimbursements. requirements for participation should be revision specified above reads as However, the SFA could sponsor die follows: able to store leftover meals and serve program at other schools drat met the them the following day or adjust their, requirements of §225.18(b)(8). The same § 225.11 Program Payments [Amended], meal orders in time to avoid leftovers. approach would be taken when a unit of * * * * * These limitations on meal claims will county government sponsored the SFSP (d) * * * In reviewing a sponsor’s promote more accurate meal ordering by at several parks and several schools. claim, the State agency shall limit sponsors and improve sponsor and State There is no requirement that all of the payments to the sponsor according to review of participation records. The county’s parks and/or schools be open actual meals served, not to exceed each Department, therefore, proposes to during the summer months for the unit of site’s approved level of meal service. revise §§ 225.11(c)(4) and 225.19(d) to government to sponsor the program. 6. In § 225.12, paragraph (a) is eliminate the claiming of disallowed To clarify this point, the Department amended by removing the first sentence meals as operating costs and seconds. is proposing to divide § 225.18(b) into and replacing it with two new sentences II. Approved Level of Meal Service two paragraphs and to revise the to read as follows: wording of § 225„18(b)(7)-(9), which now Section 225.11(e) includes language § 225.12 Audit and management which is inconsistent with §225.7(j) and becomes § 225.18(c)(l)-(3). evaluation. § 225.13(e)(3) in regard to approved List of Subjects in 7 CFR Part 225 (a) Audits. State agencies shall levels of meal service. The Department arrange for audits of their own Food assistance programs. Grant proposes to revise § 225.11(e) to clarify operations to be conducted in programs—Health Infants and children. mat a State agency must limit a accordance with Office of Management sponsor’s payments to those warranted Accordingly, the Department is and Budget Circular A-128 and the °y each site’s approved level of meal proposing to amend 7 GFR Part 225 as Department’s Uniform Federal service. follows: Assistance Regulations (7 CFR Part 45900 Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Proposed Rules

3015). Unless otherwise exempt, § 225.18 Requirements for Sponsor b. Removing the sixth, seventh, and sponsors shall arrange for audits to be Participation. eighth sentences. * ' ’ * ' * * * conducted in accordance with Office of The revisions specified above read as Management and Budget Circular A-128 (c) Special Circumstances. (1) If the follows: or A-110, as applicable, and the sponsor is not a camp, it shall provide Department’s Uniform Federal documentation that its food service will § 225.19 Operational responsibilities of Assistance Regulations (7 CFR Part sponsors. serve children from an area in which ***** 3015).* * * poor economic conditions exist, as * * * * . *•• defined in § 225.2. If the sponsor is a (d) In order to receive Federal 7. In § 225.13: camp, it shall certify that it will collect reimbursement for all meals served, a. Paragraph (c)(4)(iv) is amended by information on participants’ family size sponsors shall plan for and prepare or removing the word “simultaneous”. and income to support the sponsor’s order meals on the basis of participation b. Paragraph (e)(1) is revised. claim for reimbursement; trends, consistent with the requirement The revision specified above reads as (2) If the sponsor administers the to provide only one meal per child at follows: program at sites at which summer each meal service. The sponsor shall school is m session, the sponsor may make any adjustments necessary to § 225.13 Corrective action procedures comply with this requirement by closely [Amended], offer the program only at sites which ***** make meals available to children monitoring its sites’ meal service. For enrolled in summer school and all sites which have approved levels of (e) Meal disallowances. (1) If the children in the area served by the site. meal service established in accordance State agency determines that a sponsor (3) Sponsors which are units of local, with § 225.7(j), the sponsor shall adjust has served more than one meal per child municipal, county or State governments the number of meals ordered or at each meal service, all meals in excess shall be approved to administer the prepared to comply with this of this level shall be disallowed. requirement whenever the number of, * * * * * program only at sites over which the sponsor has direct operational control. children attending the site is below the §225.16 [Amended] Such opeational control means that the approved level. In no case shall the sponsor shall be responsible for (i) sponsor receive Federal reimbursement 8. In § 225.16, paragraph (c)(8) is managing site staff, including such areas for meals ordered or prepared in excess amended by changing the words as hiring, terminating and determining of the site’s approved level. Records of “Section 225.10(e)" to read “Section participation and of preparation or 225.10(d)”. conditions of employment for site staff; and (ii) exercising management control ordering of meals shall be maintained to 9. In § 225.18: demonstrate compliance with this a. Paragraphs (b)(7)-{9) are removed. over program operations at sites throughout the period of program requirement b. Paragraphs (c), (d), (e), (f), (g), (h), * * * * * and (i) are redesignated (d), (e), (f), (g), participation by performing the Dated: October 31,1985. (h), (i), and (j), respectively, and a new functions specified in § 225.19. ***** paragraph (c), “Special Circumstances”, Robert E. Leard, is added. 10. In § 225.19, paragraph (d) is Administrator. The addition specified above reads as amended by: (FR Doc. 85-26382 Filed 11-1-85; 8:58 amf follows: a. Revising the first five sentences. BILLING CODE 3410-30-M 1

Reader Aids Federal Register Vol. 50, No. 213

Monday, November 4, 1985

INFORMATION AND ASSISTANCE CFR PARTS AFFECTED DURING NOVEMBER SUBSCRIPTIONS AND ORDERS At the end of each month, the Office of the Federal Register Subscriptions (public) 202-783-3238 publishes separately a List of CFR Sections Affected (LSA), which Problems with subscriptions 275-3054 lists parts and sections affected by documents published since Subscriptions (Federal agencies) 523-5240 the revision date of each title. Single copies, back copies of FR 783-3238 Magnetic tapes of FR, CFR volumes 275-2867 3 CFR 200...... 45602 Public laws (Slip laws) 275-3030 5402...... 45591 Proposed Rules: 5403...... 45593 1...... 45831 PUBLICATIONS AND SERVICES 33...... 45831 Daily Federal Register 7 CFR 145...... 45833 29...... 45805, 45806 1 4 6 ...... 45833 General information, index, and finding aids 523-5227 999...... 45807 190...... 45831 Public inspection desk 523-5215 1002...... Corrections ...... 45595 523-5237 1004...... 45595 19 CFR Document drafting information 523-5237 1864...... Legal staff ...... 45740 175...... 45812 523-4534 1872...... 45740 Machine readable documents, specifications 523-3408 1900...... 45740 21 CFR Code of Federal Regulations 1910...... 45740 73...... 45814 1924...... 45740 4 3 6 ...... 45603 General information, index, and finding aids 523-5227 1941...... 45740 522...... Printing schedules and pricing information 523-3419 ...... 45603 1943...... 45740 1308...... 45815 Laws 523-5230 1945...... 45740 1950....,...... 45740 23 CFR Presidential Documents - 1951...... 45740 1204...... 45815 1955...... Executive orders and proclamations 523-5230...... 45740 1960...... 45740 30 CFR Public Papers of the President 523-5230 1962...... 45740 938...... 45820 Weekly Compilation of Presidential Documents 523-5230 Proposed Rules: United States Government Manual 523-5230 70...... 45829 36 CFR 225 45838 Other Services 400...... 45625 254...... 45823 989...... 45627 902 ...... 45823, 45824 Library 523-4986 903 ...... 45824 Privacy Act Compilation 523-4534 8 CFR 905...... 45824 ¡TDD for the deaf 523-5229 907...... 100...... 45824 ...... 45597 908 ...... 45824 Proposed Rules: federal r e g is t e r p a g e s a n d d a t e s , No v e m b e r 9 CFR 78...... 45808 903...... 45841 15591-45804...... 1 38 CFR 15805—45900...... 4 10 CFR Ch. 1...... 45597 Proposed Rules: Proposed Rules: 21...... 45629 19...... 45628 40 CFR 21...... 45628 30...... 45628 35...... 45892 40...... 45628 52...... 45603, 45606 50...... 45628 180...... 45607 70...... 45628 Proposed Rules: 71...... 45628 52...... 45630 73...... 45628 81...... 45630 110...... 45628 962...... 45736 43 CFR 4100...... 45824 12 CFR 265...... 45809 45 CFR 801...... 45608 14 CFR 39...... 45598, 45810 47 CFR 71...... 45718, 45810 1...... 45608 91...... 45599 13...... 45827 Proposed Rules: Proposed Rules: 39...... 45829 Ch. 1...... 45841 71...... 45830 15...... 45843 22...... 17 CFR ...... 45843 76...... 45843 33...... 45811 21...... 45608 ii Federal Register / Vol. 50, No. 213 / Monday, November 4, 1985 / Reader Aids

48CFR Proposed Rules: 31...... 45708 49CFR 1._...... 49614,45728 106...... 45728 107;------45728 171 ...... 45728 172 ------45728 173 ------45728 174 ------45728 175 ...... 45728 176— ...... 45728 177...... 45728 178...... 45728 190.„...... 45728 191 ...... 45728 192 ...... 45728 193 __ 45728 195...... 45728 Proposed Rules: 192...... 45845 50CFR 17...... 45614-45621 285...... 45828 663...... 45828 Proposed Rules: 17...... 45632-45638, 45846

LIST OF PUBLIC LAWS

Last list October 31, 1985 Th is is a continuing list of public bills from the current session of Congress which have become Federal laws. The text of laws is not published in the Federal Register but may be ordered in individual pamphlet form (referred to as “slip laws”) from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 (phone 202-275- 3030). H J . Res. 308/Pub. L 99-137 Designating the week beginning on October 20, 1985, as “Benign Essential Blepharospasm Awareness Week”. (Oct. 30, 1985; 99 Stat 560; 1 page) Price; $1.00 HJ. Res. 322/Pub. L 99-138 To provide for the designation of October 1985, as “National Sudden Infant Death Syndrome Awareness Month”. (Oct. 30, 1985; 99 Stat. 561; 1 page) Price: $1.00 S. 1726/Pub. L 99-139 To amend section 51(b) of the Arms Export Control Act, relating to the funding of the Special Defense Acquisition Fund. (Oct 30, 1985; 99 Stat 562; 1 page) Price: $1.00 Federal Register / Vol. 50, No. 213 / Monday, November 4,1985 / Reader Aids ill

CFR CHECKLIST Title Price Revision Date 400-End...... 12.00 Jan. 1, 1985

This checklist, prepared by the Office of the Federal Register, is 16 Parts: Jan. 1, 1985 published weekly. It is arranged in the order of C F R titles, prices, and 0-149...... 9.00 Jan. 1, 1985 revision dates. 150-999...... 10.00 1000-End...... 13.00 Jan. 1, 1985 An asterisk (*) precedes each entry that has been issued since last week and which is now available for sale at the Government Printing 17 Parts: Office. 1-239...... 20.00 Apr. 1, 1985 ...... 14.00 Apr. 1, 1985 New units issued during the week are announced on the back cover of 240-End...... the daily Federal Register as they become available. 18 Parts: A checklist of current C F R volumes comprising a complete C F R set, 1-149...... 12.00 Apr. 1, 1985 also appears in the latest issue of the LSA (List of CFR Sections 150-399...... 19.00 Apr. 1, 1985 Affected), which is revised monthly. 400-End...... 7.00 Apr. 1, 1985 Apr. 1. 1985 The annual rate for subscription to all revised volumes is $550 19 21.00 domestic, $137.50 additional for foreign mailing. 20 Parts: Order from Superintendent of Documents, Government Printing Office, 1-399...... 8.00 Apr. 1, 1985 Washington, D.C. 20402. Charge orders (VISA, MasterCard, or G P O 400-499...... 16.00 Apr. 1, 1985 Deposit Account) may be telephoned to the GPO order desk at (202) 500-End...... 18.00 Apr. 1, 1985 783-3238 from 8:00 a.m. to 4:00 p.m. eastern time, Monday— Friday 21 Parts: (except holidays). 1-99...... 9.00 Apr. 1, 1985 Title Price Revision Date 100-169...... 11.00 Apr. 1, 1985 170-199...... 13.00 Apr. 1, 1985 1,2 (2 Reserved) $5.50 Apr. 1, 1985 200-299...... 4.25 Apr. 1, 1985 3 (1984 Compilation and Parts 100 and 101) 7.50 Jon. 1, 1985 300-499...... 20.00 Apr. 1, 1985 4 12.00 Jon. 1, 1985 500-599...... 16.00 Apr. 1, 1985 5 Parts: 600-799...... ______...... ___ 6.50 Apr. 1. 1985 1-1199...... 13.00 Jan. 1, 1984 800-1299...... ______10.00 Apr. 1, 1985 1-1199 (Special Supplement)...... Jon. 1, 1984 1300-End...... 5.50 Apr. 1, 1985 1200-End, 6 (6 Reserved)...... 7.50 Jan. 1, 1985 22 21.00 Apr. 1, 1985 7 Parts: 23 14.00 Apr. 1, 1985 0-45...... ______...... 14.00 Jan. 1, 1985 24 Parts: 46-51...... 13.00 Jan. 1, 1985 0-199...... 11.00 Apr. 1, 1985 52...... ^1.,_____ ...... 14.00 Jan. 1, 1985 200-499...... 19.00 Apr. 1, 1985 53-209...... 14.00 Jan. 1, 1985 500-699...... 6.50 Apr. 1, 1985 210-299...... 13.00 Jan. 1, 1985 700-1699...... 13.00 Apr. 1, 1985 300-399...... 8.00 Jan. 1, 1985 1700-End...... 9.00 Apr. 1. 1985 400-699...... &2j...... 12.00 Jan. 1, 1985 25 18.00 Apr. 1. 1985 700-899...... 14.00 Jan. 1. 1985 900-999...... 14.00 Jan. 1, 1985 26 Parts: 1000-1059...... 12.00 Jan. 1, 1985 §§ 1.0-1.169...... 21.00 Apr. 1, 1985 Apr. 1, 1985 1060-1119...... 9.50 Jan. 1. 1985 §§ 1.170-1.300...... 12.00 1120-1199...... 8.00 Jan. 1, 1985 §§ 1.301-1.400...... 7.50 Apr. 1, 1985 ...... 15.00 Apr. 1, 1985 1200-1499...... 13.00 Jan. 1, 1985 §§ 1.401-1.500...... 12.00 2 Apr. 1, 1984 1500-1899...... 7.50 Jan. 1, 1985 §§ 1.501-1.640...... 11.00 Apr. 1, 1985 1900-1944...... ;...... I...... 12.00 Jan. 1, 1985 §§ 1.641-1.850...... :...... §§ 1.851-1.1200...... 22.00 Apr. 1, 1985 1 9 4 5 - E n d ...... ______...... 13.00 Jan. 1, 1985 §| 1.1201-End...... 22.00 Apr. 1, 1985 8 7.50 Jan. 1, 1985 2-29...... 15.00 Apr. 1, 1985 9 Parts: 30-39...... 9.50 Apr. 1, 1985 1-199...... ;...... :...... 13.00 Jan. 1, 1985 40-299...... 18.00 Apr. 1. 1985 2 0 0 - E n d ...... ;...... 9.50 Jan. 1, 1985 300-499...... 11.00 Apr. 1, 1985 10 Parts: 500-599...... 8.00 1 Apr. 1, 1980 0-199...... 17.00 Jan. 1, 1985 600-End...... 4.75 Apr. 1, 1985 200-399 ...... 9.50 Jan. 1, 1985 27 Parts: 400-499 ...... 12.00 Jan. 1,1985 1-199...... 18.00 Apr. 1. 1985 5 0 0 - E n d ...... 14.00 Jan. 1, 1985 200-End...... 13.00 Apr. 1, 1985 11 7.50 Jan. 1, 1985 28 16.00 July 1, 1985 12 Parts: 29 Parts: 1-199 ...... 8.00 Jan. 1. 1985 0-99...... 11.00 July 1, 1985 200-299______...... 14.00 Jan. 1, 1985 100-499...... 5.00 July 1, 1985 300-499 ...... 9.50 Jan. 1, 1985 500-899...... 19.00 July 1. 1985 5 0 0 - E n d ...... 14.00 Jan. 1, 1985 900-1899...... 7.00 July 1, 1985 13 13.00 Jan. 1, 1985 1900-1910...... 21.00 July 1, 1985 14 Parts: 1911-1919...... 5.50 3 July 1, 1984 1-59...... Jan. 1, 1985 1920-End...... 20.00 July 1, 1985 60-139...... 13.00 Jan. 1, 1985 30 Parts: 140-199...... 7.50 Jan. 1, 1985 0-199...... 16.00 July 1, 1985 200-1199...... 15.00 Jan. 1. 1985 200-699...... 6.00 July 1, 1985 1 2 0 0 - E n d ...... 8.00 Jan. 1, 1985 700-End...... 13.00 July 1, 1985 15 Parts: 31 Parts: 0-299...... Jan. 1,1985 0-199...... 8.50 July 1. 1985 300-399...... 13.00 Jan. 1, 1985 200-End...... 11.00 July 1, 1985 iv Federal Register /Vol. 50, No. 213 / Monday, November 4,1985 / Reader Aids

Title Price Revision Date Title Price Revision Dati 32 Parts: 1000-3999...... 14.00 Oct. 1,1984 1-39, Vol. 1...... 4 July 1, 1984 4000-End...... 8.00 Oct. 1,1984 1-39, Vol. U...... 4 July 1, 1984 44 13.00 Oct. 1,1984 1-39, Vol. Ill...... July 1,1984 4 45 Parts: 1-189...... July 1,1985 1-199...... Oct. 1,1984 190-399...... July 1,1985 200-499...... 6.50 Oct. 1,1984 400-629...... July 1, 1985 500-1199...... 13.00 Oct. 1,1984 630-699...... July 1, 1984 3 1200-End...... Oct. 1,1984 700-799...... July 1,1985 46 Parts: 800-999...... July 1, 1985 1-40...... 1 COO-End...... July 1, 1985 ...... 9.50 Oct. 1,1984 41-69...... 9.50 Oct. 1,1984 33 Parts: 70-89...... Oct. 1,1984 1-199...... 20.00 July 1, 1985 90-139...... 9.00 Oct. 1,1984 200-End...... July 1,1985 140-155...... Oct. 1,1984 34 Parts: 156-165...... Oct. 1,1984 1-299...... 15.00 July 1, 1985 166-199...... Oct. 1,1984 300-399...... 8.50 July 1,1985 200-499...... Oct. 1,1984 400-End...... 18.00 July 1, 1985 500-End...... Dec. 31,1984 35 7.00 July 1, 1985 47 Parts: 36 Parts: 0-19...... Oct. 1,1984 20-69...... 1-199...... 9.00 July 1,1985 Oct. 1,1984 70-79...... 200-End...... 14.00 July 1, 1985 Oct. 1,1984 80-End...... Oct. 1,1984 37 9.00 July 1,1985 48 Chapters: 38 Parts: 1 (Ports 1-51)...... Oct. 1,1984 0-17...... 16.00 July 1, 1985 1 (Parts 52-99)...... Oct. 1,1984 18-End...... 11.00 July 1, 1985 2 ...... Oct. 1,1984 39 9.50 July 1, 1985 3 -6 ...... Oct. 1,1984 40 Parts: 7-14...... Oct. 1,1984 1-51...... 16.00 July 1,1985 15-End...... Oct. 1,1984 5 2 ...... 21.00 July 1, 1985 49 Parts: 53-80...... 18.00 July 1, 1984 1-99...... Oct. 1,1984 81-99...... 18.00 July 1, 1985 100-177...... Nov. 1,1984 100-149...... 18.00 July 1, 1985 178-199...... 13.00 Nov. 1,1984 150-189...... 13.00 July 1,1985 200-399...... 13.00 Oct. 1,1984 190-399...... 19.00 July 1,1985 400-999...... Oct. 1,1984 400-424...... 14.00 July 1,1985 1000-1199...... 13.00 Oct. 1,1984 425-699...... 13.00 July 1, 1985 1200-1299...... 13.00 Oct. 1,1984 700-End...... 8.00 July 1,1985 1300-End...... 3.75 Oct. 1,1984 41 Chapters: 50 Parts: 1.1 -1 to 1 -1 9 ...... 13.00 5 July 1, 1984 1-199...... 9.50 Oct. 1,1984 1, 1-11 to Appendix, 2 (2 Reserved)...... 13.00 8 July 1, 1984 200-End...... 14.00 Oct. 1,1984 3 -6 ...... 14.00 »July 1,1984 CFR Index and Findings Aids...... Jon. 1,1985 7 ...... 6.00 8 July 1, 1984 ...... 18.00 8 ...... 4.50 8 July 1, 1984 Complete 1985 CFR set...... 550.00 1985 9 ...... 13.00 8 July 1,1984 Microfiche CFR Edition: 10-17...... 9.50 8 July 1,1984 Complete set (one-time mailing)...... 1983 18, Vol. 1, Ports 1 -5 ...... 13.00 8 July 1, 1984 ...... 155.00 Complete set (one-time mailing)...... 1984 18, Vol.ll, Parts 6 -1 9 ...... 13.00 8 July 1, 1984 ...... 125.00 Subscription (mailed as issued)...... , 185 00 1985 18, Vol. Ill, Parts 2 0 -5 2 ...... 13.00 8 July 1, 1984 Individual copies...... 1985 19-100...... 13.00 8 July 1,1984 ...... 3.75 1-100...... 7.50 July 1,1985 1 No amendments to this volume were promulgated during the period Apr. 1, 1980 to Mordi 101...... 19.00 July 1,1985 31, 1985. The CFR volume issued as of Apr. 1,1980, should be retained. 102-200...... 8.50 July 1,1985 8 No amendments to this volume were promulgated during the period Apr. 1, 1984 to Mordi 201-End...... 5.50 July 1, 1985 31.1985. The CFR volume issued as of Apr. 1, 1984, should be retained. 3 No amendments to this volume were promulgated during the period July 1, 1984 to June 42 Parts: 30.1985. The CFR volume issued as of July T, 1984, should be retained. 1-60...... 12.00 Oct. 1,1984 4 The July 1, 1985 edition of 32 CFR Parts 1-189 contains a note only for Parts 1-39 61-399...... 8.00 Oct. 1,1984 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1-39, consult tie 400-End...... 18.00 Oct. 1,1984 three CFR volumes issued os of July 1, 1984, containing those parts. 5 The July 1, 1985 edition of 41 CFR Chapters 1-100 contains a note only for Chapters 11t 43 Parts: 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven 1-999...... :...... 9.50 Oct. 1,1984 CFR volumes issued as of July 1,1984 containing those chapters.