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2 III

Contents Federal Register Vol. 62, No. 101

Tuesday, May 27, 1997

Agricultural Research Service Economic Development Administration NOTICES NOTICES Agency information collection activities: Grants and cooperative agreements; availability, etc.: Proposed collection; comment request, 28669 Unemployment and underemployment in economically distressed areas (FY 1997); correction, 28760 Agriculture Department See Agricultural Research Service Education Department See Animal and Plant Health Inspection Service NOTICES See Farm Service Agency Agency information collection activities: See Federal Crop Insurance Corporation Submission for OMB review; comment request, 28685– See Rural Business-Cooperative Service 28686 See Rural Housing Service See Rural Utilities Service Employment Standards Administration PROPOSED RULES Animal and Plant Health Inspection Service Federal Coal Mine Health and Safety Act of 1969, as RULES amended: Exportation and importation of animals and animal Black Lung Benefits Act— products: Individual claims by former coal miners and Hog cholera and swine vesicular disease; disease status dependents processing and adjudication; change— simplification; correction, 28760 Spain, 28619–28620 Energy Department Army Department See Energy Research Office NOTICES See Federal Energy Regulatory Commission Environmental statements; availability, etc.: U.S. Army Chemical School and U.S. Army Military Police School; relocation from Fort McClellan, AL to Energy Research Office Fort Leonard Wood, MO, 28677–28685 NOTICES Grants and cooperative agreements; availability, etc.: Centers for Disease Control and Prevention Financial assistance programs— NOTICES Climate change prediction program, 28686–28688 Grants and cooperative agreements; availability, etc.: Meetings: Immunization Registry Targeted Research Projects (FY High Energy Physics Advisory Panel, 28688 1997), 28711–28715 Meetings: Environmental Protection Agency Disease, Disability, and Injury Prevention and Control RULES special emphasis panel, 28716 Air quality implementation plans; approval and HIV partner notification; guidelines, 28716 promulgation; various States; air quality planning purposes; designation of areas: Coast Guard Kentucky et al., 28634–28638 RULES PROPOSED RULES Civil monetary penalties; inflation adjustments Air quality implementation plans; approval and Correction, 28760 promulgation; various States; air quality planning purposes; designation of areas: Commerce Department Kentucky et al., 28650 See Economic Development Administration Hazardous waste: See International Trade Administration Identification and listing— See Minority Business Development Agency Petroleum refining process wastes; land disposal See National Oceanic and Atmospheric Administration restrictions for newly hazardous wastes; comment period extension, 28650–28651 Defense Department Superfund program: See Army Department Toxic chemical release reporting; community right-to- See Navy Department know— NOTICES Additional time to report, 28651–28652 Meetings: NOTICES Defense Partnership Council; cancellation, 28676 Committees; establishment, renewal, termination, etc.: Defense Reform Task Force, 28676 Urban Wet Weather Flows Advisory Committee et al., 28700 Drug Enforcement Administration Meetings: NOTICES Science Advisory Board, 28700 Applications, hearings, determinations, etc.: Scientific Counselors Board Executive Committee, 28700– Hallermeier, Robert G., M.D.; correction, 28760 28701 IV Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Contents

Executive Office of the President Federal Reserve System See Presidential Documents RULES Home Mortgage Disclosure (Regulation C): Farm Service Agency Depository institutions asset-size exemption threshold; RULES technical amendments to loan/application register, Federal Agriculture Improvement and Reform Act of 1996; 28620–28626 implementation: NOTICES Direct and guaranteed loan making provisions Banks and bank holding companies: Correction, 28618–28619 Formations, acquisitions, and mergers, 28703

Federal Aviation Administration Federal Trade Commission RULES NOTICES Airworthiness directives: Premerger notification waiting periods; early terminations, Pratt & Whitney, 28626–28628 28704–28706 PROPOSED RULES Prohibited trade practices: Airworthiness directives: America Online, Inc.; correction, 28760 Pilatus Britten-Norman Ltd., 28644–28649

Federal Communications Commission Fish and Wildlife Service PROPOSED RULES PROPOSED RULES North American Numbering Council recommendations; Endangered and threatened species: comment request, 28652–28653 Findings on petitions, etc.— NOTICES Canada lynx, 28653–28657 Agency information collection activities: NOTICES Submission for OMB review; comment request, 28701– Endangered and threatened species permit applications, 28702 28726–28728 Meetings: North American Numbering Council, 28702 Food and Drug Administration Rulemaking proceedings; petitions filed, granted, denied, RULES etc., 28702–28703 Animal drugs, feeds, and related products: Television broadcasting: New drug applications— Cable television service— Cupric glycinate injection, 28630 Video programming and V-chip technology; hearing, Lasalocid, 28630 28703 Milbemycin omxime/lufenuron tablets; oral dosage form, 28628–28629 Federal Crop Insurance Corporation Trenbolone acetate adn estradiol; implantation or RULES injectable dosage form, 28629 Administrative regulations: Organization, functions, and authority delegations: Social security account numbers and employer Commissioner Office, 28628 identification numbers; collection and storage, NOTICES 28607–28609 Medical devices; premarket approval: Crop insurance regulations: C.R. Bard, Inc.; Bard Albumin Coated DeBakey Onions, 28609–28618 Vasculour-II Vascular Prosthesis, 28716–28717 Meetings: Federal Energy Regulatory Commission Cardiovascular and Renal Drugs Advisory Committee, NOTICES 28717–28718 Electric rate and corporate regulation filings: Reporting and recordkeeping requirements: Northern Electric Power Co., L.P., et al., 28695–28699 World wide web site, establishment; electronic docket for Applications, hearings, determinations, etc.: medical device/radiological health policy statements Amoco Production Co. et al., 28688 and operating procedures guide, discontinuati ANR Pipeline Co., 28689 on, 28718–28719 Columbia Gulf Transmission Co., 28689 Florida Gas Transmission Co. et al., 28689–28690 Frontier Gas Storage Co., 28690 Health and Human Services Department Gulf States Transmission Corp., 28690–28691 See Centers for Disease Control and Prevention Koch Gateway Pipeline Co.; correction, 28760 See Food and Drug Administration Mississippi River Transmission Corp., 28691 See National Institutes of Health Natural Gas Pipeline Co. of America, 28691 See Substance Abuse and Mental Health Services Nautilus Pipeline Co., LLC, 28691 Administration NorAm Gas Transmission Co., 28691–28692 NOTICES Questar Pipeline Co., 28692–28694 Grants and cooperative agreements; availability, etc.: Transcontinental Gas Pipe Line Corp., 28694–28695 Immigrants; economic and health status, 28706–28711 Williams Natural Gas Co., 28695 Housing and Urban Development Department Federal Maritime Commission NOTICES NOTICES Agency information collection activities: Freight forwarder licenses: Submission for OMB review; comment request, 28725– K.V. Mark Corp. et al., 28703 28726 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Contents V

Grants and cooperative agreements; availability, etc.: Minority Business Development Agency Public and Indian housing— NOTICES Traditional Indian housing development program; Business development center program applications: correction, 28726 Georgia, et al., 28673–28676 Supportive housing program— Elderly, 28762–28774 National Aeronautics and Space Administration Supportive housing programs— NOTICES Persons with disabilities, 28776–28789 Meetings: Advisory Council, 28735 Interior Department See Fish and Wildlife Service National Archives and Records Administration See Land Management Bureau NOTICES See National Park Service Agency records schedules; availability, 28735–28736 National Highway Traffic Safety Administration Internal Revenue Service NOTICES RULES Meetings: Income taxes, etc.: Safety performance standards, research, and development Accounting method adoption or change requirements; programs, 28753 extensions of time to make elections Motor vehicles safety standards: Correction, 28630–28631 Nonconforming vehicles— Importation eligibility; determinations, 28753–28754 International Trade Administration NOTICES National Institutes of Health Antidumping: NOTICES Erasable programmable read only memories (EPROMs) Grants and cooperative agreements; availability, etc.: from— Infectious agents; diagnostic system for identifying, Japan, 28670–28671 28719–28720 Roller chain, other than bicycle, from— Testosterone bucyclate, research and development, Japan, 28671–28672 28720–28721 Countervailing duties: Inventions, Government-owned; availability for licensing, Iron-metal castings from— 28721–28722 India, 28672 Meetings: Refrigeration compressors from— National Eye Institute, 28722 Singapore, 28672–28673 National Heart, Lung, and Blood Institute, 28722–28723 National Institute of Allergy and Infectious Diseases, International Trade Commission 28723 NOTICES National Institute of Diabetes and Digestive and Kidney Import investigations: Diseases, 28723–28724 Collated roofing nails from— National Institute of Nursing Research, 28723 China, et al., 28731–28732 Multiple implement, multi-function pocket knives, and National Oceanic and Atmospheric Administration related packaging and promotional materials, 28732– RULES 28733 Fishery conservation and management: Northeastern United States fisheries— Justice Department Atlantic mackerel, squid and butterfish, 28638–28643 See Drug Enforcement Administration PROPOSED RULES See Juvenile Justice and Delinquency Prevention Office Marine mammals: Commercial fishing operations— Commercial fisheries authorization; list of fisheries Juvenile Justice and Delinquency Prevention Office categorized according to frequency of incidental NOTICES takes, 28657–28668 Agency information collection activities: NOTICES Proposed collection; comment request, 28733–28734 Permits: Marine mammals, 28676 Labor Department See Employment Standards Administration National Park Service See Occupational Safety and Health Administration NOTICES NOTICES Boundary establishment, descriptions, etc.: Agency information collection activities: Agate Fossil Beds National Monument, NE, 28729 Proposed collection; comment request, 28734–28735 Joshua Tree National Park, CA, 28729–28730 Niobrara National Scenic Riverway, NE, 28730 Land Management Bureau Environmental statements; availability, etc.: NOTICES Cuyahoga Valley National Recreation Area, OH, 28730 Coal leases, exploration licenses, etc.: Meetings: Montana, 28728 Dayton Aviation Heritage Commission, 28731 Environmental statements; availability, etc.: Keweenaw National Historical Park Advisory Northern Intertie Project, Fairbanks, AK, 28728–28729 Commission, 28731 VI Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Contents

San Francisco Maritime National Historical Park Rural Business-Cooperative Service Advisory Commission, 28731 RULES Federal Agriculture Improvement and Reform Act of 1996; National Science Foundation implementation: NOTICES Direct and guaranteed loan making provisions Meetings: Correction, 28618–28619 Anthropological and Geographic Sciences Advisory Panel, 28736 Rural Housing Service Bioengineering and Environmental Systems Special RULES Emphasis Panel, 28736 Federal Agriculture Improvement and Reform Act of 1996; Electrical and Communications Systems Special implementation: Emphasis Panel, 28736–28737 Direct and guaranteed loan making provisions Equal Opportunities in Science and Engineering Correction, 28618–28619 Committee, 28737 Geosciences Advisory Committee, 28737 Rural Utilities Service Geosciences Special Emphasis Panel, 28737 RULES Graduate Education Special Emphasis Panel, 28737– Federal Agriculture Improvement and Reform Act of 1996; 28738 implementation: Polar Programs Advisory Committee, 28738 Direct and guaranteed loan making provisions Navy Department Correction, 28618–28619 NOTICES Securities and Exchange Commission Meetings: Naval Academy, Board of Visitors, 28685 NOTICES Agency information collection activities: Nuclear Regulatory Commission Submission for OMB review; comment request, 28741– NOTICES 28742 Agency information collection activities: Self-regulatory organizations; proposed rule changes: Submission for OMB review; comment request, 28738– Chicago Board Options Exchange, Inc., 28749–28750 28739 MBS Clearing Corp., 28750–28751 Environmental statements; availability, etc.: Options Clearing Corp., 28751–28752 Arizona Public Service Co., 28739–28740 Applications, hearings, determinations, etc.: Petitions; Director’s decisions: Eaton Vance Management, et al., 28742–28745 Cyprus Foote Mineral Co., et al., 28740–28741 Masters’ Select Investment Trust, et al., 28745–28748 Safeguard Scientifics, Inc., 28748–28749 Occupational Safety and Health Administration PROPOSED RULES Small Business Administration Safety and health standards, etc.: NOTICES Ethylene oxide standard; meeting, 28649–28650 Agency information collection activities: Proposed collection; comment request, 28752 Pension Benefit Guaranty Corporation RULES Substance Abuse and Mental Health Services Waivers for major disaster area residents due to severe Administration weather: NOTICES Upper Midwest, 28631–28632 Meetings: SAMHSA special emphasis panels, 28724 Personnel Management Office Substance Abuse Treatment Center National Advisory NOTICES Council, 28724–28725 Agency information collection activities: Meetings; special emphasis panels: Submission for OMB review; comment request, 28741 June, 28725 Postal Service RULES Surface Transportation Board International Mail Manual: NOTICES International mail special services— Railroad operation, acquisition, construction, etc.: Fees and insurance limits changes, 28632–28634 Illinois Central Railroad Co., et al., 28754 Presidential Documents Transportation Department PROCLAMATIONS See Coast Guard Special observances: See Federal Aviation Administration Prayer for Peace, Memorial Day (Proc. 7006), 28793– See National Highway Traffic Safety Administration 28794 See Surface Transportation Board NOTICES Public Health Service Agency information collection activities: See Centers for Disease Control and Prevention Submission for OMB review; comment request, 28752– See Food and Drug Administration 28753 See National Institutes of Health See Substance Abuse and Mental Health Services Treasury Department Administration See Internal Revenue Service Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Contents VII

Veterans Affairs Department Part III NOTICES Department of Housing and Urban Development, 28776– Agency information collection activities: 28789 Proposed collection; comment request, 28755–28758 Submission for OMB review; comment request, 28758 Part IV Meetings: The President, 28793–28794 Scientific Review and Evaluation Board for Health Services Research and Development Service, 28758– 28759 Reader Aids Veterans Affairs Medical Center, St. Cloud, MN: Additional information, including a list of public laws, Enhanced-use lease, 28759 telephone numbers, reminders, and finding aids, appears in the Reader Aids section at the end of this issue.

Separate Parts In This Issue Electronic Bulletin Board Free Electronic Bulletin Board service for Public Law Part II numbers, Federal Register finding aids, and a list of Department of Housing and Urban Development, 28762– documents on public inspection is available on 202–275– 28774 1538 or 275–0920. VIII Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR 39 CFR Proclamations: 20...... 28632 7006...... 28793 40 CFR 52...... 28634 7 CFR 81...... 28634 400...... 28607 Proposed Rules: 401...... 28609 52...... 28650 457...... 28609 81...... 28650 1910...... 28618 261...... 28650 1941...... 28618 271...... 28650 302...... 28650 1943...... 28618 372...... 28651 1945...... 28618 1980...... 28618 46 CFR 2...... 28760 9 CFR 47 CFR 94...... 28619 Proposed Rules: 1...... 28652 12 CFR 50 CFR 203...... 28620 648...... 28638 Proposed Rules: 14 CFR 17...... 28653 39...... 28626 229...... 28657 Proposed Rules: 39 (2 documents) ...... 28644, 28646

20 CFR Proposed Rules: 718...... 28760 722...... 28760 725...... 28760 726...... 28760 727...... 28760

21 CFR 5...... 28628 520...... 28628 522 (2 documents) ...... 28629, 28630 588...... 28630

26 CFR 1...... 28630 601...... 28630

29 CFR 4003...... 28631 4007...... 28631 4011...... 28631 4041...... 28631 4041A ...... 28631 4043...... 28631 4050...... 28631 Proposed Rules: 1910...... 28649

33 CFR 5...... 28760 26...... 28760 27...... 28760 95...... 28760 100...... 28760 110...... 28760 130...... 28760 136...... 28760 138...... 28760 140...... 28760 151...... 28760 153...... 28760 177...... 28760 28607

Rules and Regulations Federal Register Vol. 62, No. 101

Tuesday, May 27, 1997

This section of the FEDERAL REGISTER Paperwork Reduction Act of 1995 Federal Assistance Program contains regulatory documents having general applicability and legal effect, most of which Following publication of the proposed This program is listed in the Catalog are keyed to and codified in the Code of rule, the public was afforded 60 days to of Federal Domestic Assistance under Federal Regulations, which is published under submit written comments and opinions No. 10.450. 50 titles pursuant to 44 U.S.C. 1510. on information collection requirements Executive Order 12372 previously approved by OMB under The Code of Federal Regulations is sold by OMB control number 0563–0047, This program is not subject to the the Superintendent of Documents. Prices of through November 30, 1999. No public provisions of Executive Order 12372 new books are listed in the first FEDERAL which require intergovernmental REGISTER issue of each week. comments were received. consultation with State and local Unfunded Mandates Reform Act of officials. See the Notice related to 7 CFR 1995 DEPARTMENT OF AGRICULTURE part 3015, subpart V, published at 48 FR Title II of the Unfunded Mandates 29115, June 24, 1983. Federal Crop Insurance Corporation Reform Act of 1995 (UMRA), Public Executive Order 12988 Law 104–4, establishes requirements for This rule has been reviewed in 7 CFR Part 400 Federal agencies to assess the effects of accordance with Executive Order 12988 their regulatory actions on State, local, RIN 0563±AB26 on civil justice reform. The provisions and tribal governments and the private of this rule will not have a retroactive General Administrative Regulations; sector. This rule contains no Federal effect prior to the effective date. The Collection and Storage of Social mandate (under the regulatory provisions of this rule will preempt Security Account Numbers and provisions of Title II of the UMRA) for State and local laws to the extent such Employer Identification Numbers State, local, and tribal governments or State and local laws are inconsistent the private sector. Thus, this rule is not herewith. The administrative appeal AGENCY: Federal Crop Insurance subject to the requirements of sections provisions published at 7 CFR part 11 Corporation, USDA. 202 and 205 of the UMRA. ACTION: Final rule. must be exhausted before any action for Executive Order 12612 judicial review may be brought. SUMMARY: The regulations contained in Environmental Evaluation this subpart are issued pursuant to the It has been determined under section Federal Crop Insurance Act, as amended 6(a) of Executive Order 12612, This action is not expected to have (FCIA) (7 U.S.C. 1501 et seq.). The Federalism, that this rule does not have any significant impact on the quality of intended effect of this revision is to sufficient Federalism implications to the human environment, health, and comply with the statutory mandate that warrant the preparation of a Federalism safety. Therefore, neither an requires the collection of Social Security Assessment. The policies and Environmental Assessment nor an Number (SSN) and Employer procedures contained in this rule will Environmental Impact Statement is Identification Number (EIN) information not have a substantial direct effect on needed. States or their political subdivisions, or of participating agents, loss adjusters, National Performance Review and policyholders and to establish the on the distribution of power and procedures to be used by the Federal responsibilities among the various This regulatory action is being taken Crop Insurance Corporation (FCIC) and levels of Government. as part of the National Performance insurance providers in the collection, Regulatory Flexibility Act Review Program to eliminate use, and storage of documents unnecessary regulations or duplicative containing SSN or EIN information. This regulation will not have a regulations and improve those that significant impact on a substantial remain in force. EFFECTIVE DATE: June 26, 1997. number of small entities. New FOR FURTHER INFORMATION CONTACT: Bill provisions in the rule will not impact Background Smith, Supervisory Insurance small entities to a greater extent than On Wednesday, January 15, 1997, Management Specialist, Research and larger entities. The action does not FCIC published a proposed rule in the Development, Product Development increase the paperwork burden on the Federal Register at 62 FR 2052–2055 to Division, Federal Crop Insurance insured producer or the reinsured amend the General Administrative Corporation, United States Department company. The program is strictly Regulations (7 CFR part 400, subpart Q). of Agriculture, 9435 Holmes Road, voluntary. This regulation requires only Following publication of that proposed Kansas City, Mo 64131, telephone (816) that the participant provide the SSN or rule, the public was afforded 60 days to 926–7743. EIN. This regulation does not require or submit written comments and opinions. SUPPLEMENTARY INFORMATION: impose any requirement on the delivery No public comments were received. agent or company that is not already In addition to the proposed changes, Executive Order 12866 required by the Privacy Act of 1974 (5 FCIC is making the following changes to The Office of Management and Budget U.S.C. 552a). Therefore, this action is this subpart: (OMB) has determined this rule to be determined to be exempt from the 1. Section 400.405 (b) and (c) are not significant for the purpose of provisions of the Regulatory Flexibility being amended to clarify that it is the Executive Order 12866, and, therefore, Act (5 U.S.C. 605), and no Regulatory agent or loss adjuster’s SSN which must has not been reviewed by OMB. Flexibility Analysis was prepared. be provided. The meaning of ‘‘premium 28608 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations subsidy payable’’ in paragraph (c) is also Applicant—A person who has 4. Section 400.403 is revised to read being clarified. submitted an application for crop as follows: insurance coverage under the Act. List of Subjects in 7 CFR part 400 Authorized person—Any current or § 400.403 Required system of records. Collection and storage of social past officer, employee, elected official, Insurance providers are required to security account numbers and employer general agent, contractor, or loss implement a system of records for identification numbers, Crop insurance, adjuster of FCIC, the insurance provider, obtaining, using, and storing documents General administrative regulations. or any other government agency whose containing SSN or EIN data before they duties require access to administer the accept or receive any applications for Final Rule Act. insurance. This data should include: Accordingly, for the reasons set forth Disposition of records—The act of name; address; city and state; SSN or in the preamble, the Federal Crop removing and disposing of records EIN; and policy numbers which have Insurance Corporation hereby amends 7 containing a participant’s SSN or EIN by been used by FCIC or the insurance CFR part 400, subpart Q as follows: FCIC, or the insurance provider. provider. FCIC—The Federal Crop Insurance 5. Section 400.404 is revised to read PART 400ÐGENERAL Corporation of the United States as follows: ADMINISTRATIVE REGULATIONS Department of Agriculture or any successor agency. § 400.404 Policyholder responsibilities. Subpart QÐCollection and Storage of FSA—The Farm Service Agency of the (a) The policyholder or applicant for Social Security Account Numbers and United States Department of crop insurance must provide a correct Employer Identification Numbers Agriculture, or a successor agency. SSN or EIN to FCIC or the insurance Insurance provider—A private provider to be eligible for insurance. 1. The authority citation for 7 CFR insurance company approved by FCIC, The SSN or EIN will be used by FCIC part 400, subpart Q, is revised to read or a local FSA office providing crop and the insurance provider in: as follows: insurance coverage to producers (1) Determining the correct parties to Authority: 7 U.S.C. 1506(l), 1506(p). participating in any program the agreement or contract; 2. Section 400.401 is amended by administered under the Act. (2) Collecting premiums or other revising paragraphs (a), (b)(1), (2), (3) Past officers and employees—Any amounts due FCIC or the insurance and (4) to read as follows: officer or employee of FCIC or the provider; insurance provider who leaves the (3) Determining the amount of § 400.401 Basis and purpose and employ of FCIC or the insurance indemnities; applicability. provider subsequent to the effective date (4) Establishing actuarial data on an (a) The regulations contained in this of this rule. individual policyholder basis; and subpart are issued pursuant to the Act Person—An individual, partnership, (5) Determining eligibility for crop to prescribe procedures for the association, corporation, estate, trust, or insurance program participation or collection, use, and confidentiality of other legal entity, and whenever other United States Department of Social Security Numbers (SSN) and applicable, a state, political subdivision, Agriculture benefits. Employer Identification Numbers (EIN) or an agency of a state. (b) If the policyholder or applicant for and related records. Policyholder—An applicant whose crop insurance does not provide the (b) * * * application for insurance under the crop correct SSN or EIN on the application (1) All holders of crop insurance insurance program has been accepted by and other forms where such SSN or EIN policies issued by FCIC under the Act FCIC or the insurance provider. is required, FCIC or the reinsured and sold and serviced by local FSA Retrieval of records—Retrieval of a company shall reject the application. offices. person’s records by that person’s SSN or (c) The policyholder or applicant is (2) All holders of crop insurance EIN, or name. required to provide to FCIC or the policies sold by insurance providers and Safeguards—Methods of security to insurance provider, the name and SSN all insurance providers, their be employed by FCIC or the insurance or EIN of any individual or other entity: contractors and subcontractors, provider to protect a participant’s SSN (1) holding or acquiring a substantial including past and present officers and or EIN from unlawful disclosure and beneficial interest in such policyholder employees of such companies, their access. or applicant; or contractors and subcontractors. Storage—The secured storing of (2) having any interest in the (3) Any agent, general agent, or records kept by FCIC or the insurance policyholder or applicant and receiving company, or any past or present officer, provider on computer disks or drives, separate benefits under another United employee, contractor or subcontractor of computer printouts, magnetic tape, States Department of Agriculture such agent, general agent, or company index cards, microfiche, microfilm, etc. program as a direct result of such under contract to FCIC or an insurance Substantial beneficial interest—Any interest. provider for loss adjustment or any person having an interest of at least 10 (d) If a policyholder or applicant is other purpose related to the crop percent in the applicant or policyholder. using an EIN for a policy in an insurance programs insured or System of records—Records individual person’s name, the SSN of reinsured by FCIC; and established and maintained by FCIC or the policyholder or applicant must also (4) All past and present officers, the insurance provider containing SSN be provided. employees, elected officials, contractors, or EIN data, name, address, city and and subcontractors of FCIC and FSA. State, applicable policy numbers, and §§ 400.405 through 400.412 [Redesignated 3. Section 400.402, is revised to read other information related to multiple as §§ 400.406 through §§ 400.413]. as follows: peril crop insurance policies as required 6. Sections 400.405 through 400.412 by FCIC, from which information is are redesignated as sections 400.406 § 400.402 Definitions. retrieved by a personal identifier through 400.413, respectively. Act—The Federal Crop Insurance Act, including, but not limited to the SSN, Sections 400.405 through 400.412 are as amended (7 U.S.C. 1501 et seq.). EIN, or name. redesignated as follows: Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations 28609

Old section New section § 400.407 Restricted access. Signed in Washington, D.C., May 16, 1997. The Manager, other officer, or Kenneth D. Ackerman, 400.405 ...... 400.406 employee of FCIC or an authorized Manager, Federal Crop Insurance 400.406 ...... 400.407 Corporation. 400.407 ...... 400.408 person may have access to the SSNs and [FR Doc. 97–13498 Filed 5–23–97; 8:45 am] 400.408 ...... 400.409 EINs obtained pursuant to this subpart, 400.409 ...... 400.410 only for the purpose of establishing and BILLING CODE 3410±08±P 400.410 ...... 400.411 maintaining a system of records 400.411 ...... 400.412 necessary for the effective DEPARTMENT OF AGRICULTURE 400.412 ...... 400.413 administration of the Act. 7. Section 400.405 is added to read as 10. Redesignated § 400.408 is revised Federal Crop Insurance Corporation to read as follows: follows: 7 CFR Parts 401 and 457 § 400.405 Agent and loss adjuster § 400.408 Safeguards and storage. responsibilities. General Crop Insurance Regulations, Records must be maintained in Onion Endorsement; and Common (a) The agent or loss adjuster shall secured storage with proper safeguards provide his or her correct SSN to FCIC Crop Insurance Regulations, Onion sufficient to enforce the restricted access Crop Insurance Provisions or the insurance provider, whichever is provisions of this subpart. applicable, to be eligible to participate AGENCY: Federal Crop Insurance in the crop insurance program. The SSN 11. Redesignated § 400.411 is Corporation, USDA. will be used by FCIC and the insurance amended by revising the introductory provider in establishing a database for text and paragraph (a) to read as follows: ACTION: Final rule. the purposes of: § 400.411 Obtaining personal records. (1) Identifying agents and loss SUMMARY: The Federal Crop Insurance adjusters on an individual basis; Policyholders, agents, and loss Corporation (FCIC) finalizes specific (2) Evaluating agents and loss adjusters in the crop insurance program crop provisions for the insurance of adjusters to determine level of will be able to review and correct their onions. The provisions will be used in performance; records as provided by the Privacy Act. conjunction with the Common Crop (3) Determining eligibility for program Records may be requested by: Insurance Policy Basic Provisions, participation; and (a) Mailing a signed written request to which contain standard terms and (4) Collection of any amount which conditions common to most crops. The the headquarters office of FCIC; the may be owed by the agent and loss intended effect of this action is to FCIC Regional Service Office, or the adjuster to the United States. provide policy changes to better meet insurance provider; or (b) If the loss adjuster contracting the needs of the insured, include the with FCIC to participate in the crop * * * * * current Onion Endorsement under the insurance program does not provide his 12. Redesignated § 400.412 is revised Common Crop Insurance Policy for ease or her correct SSN on forms or contracts to read as follows: of use and consistency of terms, and to where such SSN is required, the loss restrict the effect of the current Onion adjuster’s contract will be cancelled § 400.412 Record retention. Endorsement to the 1997 and prior crop effective on the date of refusal and the (a) FCIC or the insurance provider years. loss adjuster will be subject to will retain all records of policyholders EFFECTIVE DATE: May 27, 1997. suspension and debarment in for a period of not less than 3 years from accordance with the suspension and FOR FURTHER INFORMATION CONTACT: Bill the date of final action on a policy for debarment regulations of the United Klein, Insurance Management the crop year, unless further States Department of Agriculture. Specialist, Research and Development, maintenance of specific records is (c) If the agent or loss adjuster Product Development Division, Federal contracting with an insurance provider, requested by FCIC. Final actions on Crop Insurance Corporation, United who is also a private insurance insurance policies include conclusion of States Department of Agriculture, 9435 company, to participate in the crop insurance events, such as the latest of Holmes Road, Kansas City, MO 64131, insurance program does not provide his termination of the policy, completion of telephone (816) 926–7730. or her correct SSN on forms or contracts loss adjustment, or satisfaction of claim. SUPPLEMENTARY INFORMATION: where such SSN is required, the (b) The statute of limitations for FCIC premium subsidy payable for contract claims may permit litigation to Executive Order No. 12866 administrative and operating expenses be instituted after the period of record The Office of Management and Budget under the Standard Reinsurance retention. Destruction of records prior to (OMB) has determined this rule to be Agreement, or any other reinsurance the expiration of the statute of exempt for the purposes of Executive agreement, will not be paid on those limitations will not provide a defense to Order No. 12866, and, therefore, this policies lacking the correct SSN. any action by FCIC against any private rule has not been reviewed by OMB. 8. Redesignated § 400.406 is revised to insurance company. read as follows: 13. Redesignated § 400.413 is revised Paperwork Reduction Act of 1995 § 400.406 Insurance provider to read as follows: Following publication of the proposed responsibilities. § 400.413 OMB control numbers. rule, the public was afforded 60 days to The insurance provider is required to submit written comments on collect and record the SSN or EIN on The collecting of information information collection requirements each application or on any other form requirements in this subpart has been previously approved by OMB under required by FCIC. approved by the Office of Management OMB control number 0563–0003 9. Redesignated § 400.407 is revised to and Budget and assigned OMB control through September 30, 1998. No public read as follows: number 0563–0047. comments were received. 28610 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations

Unfunded Mandates Reform Act of Executive Order No. 12372 green (bunch) and seed onions are not 1995 This program is not subject to the insurable types. Response: Insurable types of onions Title II of the Unfunded Mandates provisions of Executive Order No. are clearly identified in section 7 Reform Act of 1995 (UMRA), Public 12372, which require intergovernmental Law 104–4, establishes requirements for (Insured Crop). The provision states in consultation with state and local part ‘‘* * * the crop insured will be all Federal agencies to assess the effects of officials. See the Notice related to 7 CFR their regulatory actions on State, local, the onions (excluding green (bunch) or part 3015, subpart V, published at 48 FR seed onions, chives, garlic, leeks, and and tribal governments and the private 29115, June 24, 1983. sector. This rule contains no Federal scallions) in the county * * *’’. mandates (under the regulatory Executive Order No. 12988 Therefore, no change will be made in provisions of title II of the UMRA) for the definitions. This proposed rule has been reviewed Comment: A reinsured company State, local, and tribal governments or in accordance with Executive Order recommended deleting the definition for the private sector. Thus, this rule is not 12988 on civil justice reforms. The ‘‘FSA’’ in section 1 of the provisions subject to the requirements of sections provisions of this rule will not have because they do not see a need for this 202 and 205 of the UMRA. retroactive effect prior to the effective definition. Executive Order No. 12612 date. The provisions of this rule will Response: FCIC disagrees with the preempt state and local laws to the It has been determined under section recommendation. The term ‘‘FSA’’ is extent such state and local laws are used numerous times in section 14, Late 6(a) of Executive Order No. 12612, inconsistent herewith. The Federalism, that this rule does not have planting and Prevented Planting. administrative appeal provisions Therefore, the definition has not been sufficient federalism implications to published at 7 CFR part 11 must be warrant the preparation of a Federalism deleted. exhausted before any action for judicial Comment: A reinsured company Assessment. The provisions contained review may be brought. in this rule will not have a substantial recommended adding in section 1 the direct effect on states or their political Environmental Evaluation words ‘‘and quality’’ after the word ‘‘quantity’’ in the definition of ‘‘irrigated subdivisions, or on the distribution of This action is not expected to have a power and responsibilities among the practice.’’ significant impact on the quality of the Response: FCIC agrees that water various levels of government. human environment, health, and safety. quality is an important issue. However, Regulatory Flexibility Act Therefore, neither an Environmental since no standards or procedures have This regulation will not have a Assessment nor an Environmental been developed to measure water significant impact on a substantial Impact Statement is needed. quality for insurance purposes, FCIC has number of small entities. New National Performance Review elected not to include quality in the provisions included in this rule will not definition. Therefore, no change has impact small entities to a greater extent This regulatory action is being taken been made. than large entities. Under the current as part of the National Performance Comment: A reinsured company regulations, a producer is required to Review Initiative to eliminate recommended that either the master complete an application and acreage unnecessary or duplicative regulations yield concept be incorporated or that report. If the crop is damaged or and improve those that remain in force. onions be insured solely for production destroyed, the insured is required to Background loss with a quality option endorsement give notice of loss and provide the to cover quality concerns. necessary information to complete a On Thursday, February 13, 1997, Response: FCIC disagrees with the claim for indemnity. FCIC published a proposed rule, in the recommendations. The ‘‘master yield’’ is The producer must also annually Federal Register at 62 FR 6739–6746 to used by FCIC to establish an actual certify to the number of acres and the add to the Common Crop Insurance production history yield for crops that previous years production, if adequate Regulations (7 CFR part 457) a new require several years between plantings records are available to support the section, 7 CFR 457.135, Onion Crop in the same field to avoid buildup of certification, or receive a transitional Insurance Provisions. The new insects, disease, or both. It is useful yield. The producer must maintain the provisions will be effective for the 1998 principally when optional units are production records to support the and succeeding crop years. These authorized by section or section certification information for at least provisions will replace and supersede equivalent. For onions, however, three years. This regulation does not the current provisions for insuring location of land within a county is not alter those requirements. onions found at 7 CFR 401.126 (Onion a factor in determining eligibility for The amount of work required of the Endorsement). This rule also amends optional units. Therefore, each year’s insurance companies delivering and § 401.126 to limit its effect to the 1997 production is considered in establishing servicing these policies will not increase and prior crop years. the APH yield regardless of the field in significantly from the amount of work Following publication of the proposed which the onions are planted. This currently required. This rule does not rule, the public was afforded 30 days to differs materially from the conditions have any greater or lesser impact on the submit written comments, data and that necessitate the use of a master producer. Therefore, this action is opinions. A total of 28 comments were yield. Use of a master yield in the determined to be exempt from the received from reinsured companies, an circumstances surrounding onion provisions of the Regulatory Flexibility insurance service organization, and insurance would only complicate the Act (5 U.S.C. 605), and no Regulatory FCIC Regional Service Offices (RSO). onion insurance program needlessly. Flexibility Analysis was prepared. The comments received, and FCIC’s FCIC considered a ‘‘straight responses, are as follows: production’’ policy but circumstances Federal Assistance Program Comment: An insurance service do not support the concept. In general, This program is listed in the Catalog organization recommended that FCIC onions that do not meet U.S. No. 1 of Federal Domestic Assistance under consider defining in section 1 the term standards for storage onions or the No. 10.450. ‘‘onion’’ or ‘‘bulb onion’’ to clarify that applicable marketing order for non- Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations 28611 storage onions are not marketable. stages be used: (1) Prior to topping and Comment: One commenter from a Furthermore, only a small percentage of lifting or digging, and (2) From topping reinsured company questioned if 70 onions normally fail to meet marketing and lifting or digging to the end of the days, as listed in section 7, provides requirements due to factors such as insurance period. sufficient time to harvest wheat doubles, seeders, off color, or hand or Response: The three stages as defined interplanted with onions to function as machine damage. Thus, FCIC in the proposed rule reflect the inputs a windbreak in the Pacific Northwest determined that adjustment for deficient through each stage of crop development. where this is a common practice. quality best meets the risk management Transplants, for example, are Response: Wheat planted for this needs of onion producers. immediately placed in the second stage purpose is only a windbreak and is not Comment: A reinsured company and based on producer inputs. The leaf intended for harvest. Harvesting wheat an insurance service organization count method of appraisal for onions is grown with an insured onion crop will recommended that optional units be similar to appraisal methods for many violate the onion contract. made available by legal description other crops. Thus onion loss adjustment Comment: One commenter from a (sections, etc), as is the case with similar should not require significantly greater reinsured company suggested that FCIC crops. time to administer or be unduly consider changing the provisions in Response: The rule authorizes difficult. Therefore, no change has been section 8 which address crop rotation optional units by irrigated and non- made. requirements. They maintained that irrigated practice and by type. The only Comment: An insurance service onion growers in the Vidalia region types allowed to be separated into organization commented that it is plant onions following onions year after optional units are those identified in the confusing to have no first stage for year, apparently with no adverse effect Special Provisions and include white, transplanted onions, only a second and on yields. Current language requires yellow, and red storage onions and two final stage. The industry suggested that producers to request written agreements or more types of non-storage onions it might be less confusing to have every year unless the Special Provisions based on regional differences. separate stage definitions for direct- provide different rotation requirements. Additional unit division by section or seeded and for transplanted onions. The commenter noted that they did not legal description would require further Response: Crops are divided into know what information will be record keeping that may not be readily stages primarily to reflect insured’s provided in the Special Provisions. available based on past practices, expenses in producing the crop and However, for the Vidalia region FCIC increase producer premium, and further appropriate insurer liability. must allow different rotation complicate the insurance program for Transplanted onions are immediately requirements without requiring onions. Therefore, the recommendation placed in the second stage due to the additional paperwork. is not adopted in the final rule. additional cost incurred in purchasing Comment: A reinsured company the transplants, and the cost of Response: In most areas of the recommended that the percent of transplanting. It would actually be more country, rotating onion acreage to coverage for each stage be uniform confusing to have two different stages, control disease and insects is a good nationwide and that it be included in one for seed onions and one for farming practice. Consequently, section 3 of the crop provisions rather transplanted onions. Therefore, no standard rotation requirements were than being placed in the Special change has been made. placed in the crop provisions. The Provisions. Comment: An insurance service Special Provisions contain the Response: The percentage of coverage organization commented that a contract requirements that are specific for the for each stage is uniform nationwide. change date 60 days before the sales county and are received by the insured The term ‘‘production guarantee’’ is closing date, as shown in section 4, may with the other policy documents. If a defined in section 1 and includes the not provide sufficient time for different rotation practice is appropriate percentages for each stage. The producers to make informed risk for any area, FCIC will allow that definition will remain in section 1. management decisions. They contend rotation practice in the Special However, for clarity purposes the that the companies will not have Provisions. Therefore, no change has percentages have been added to the adequate time to make operational been made. stages defined in section 3. changes, to develop training materials, Comment: An insurance service Comment: An insurance service or to train agents. Even a contract organization commented that the State organization commented that the change date three months ahead of the of Washington was listed in section 9 language in section 3 describes the first sales closing creates problems in getting with a July 31 end of insurance period, stage as being ‘‘* * * until the necessary information to insureds on a but was not listed in item 10 of the emergence of the third leaf * * *’’, timely basis. summary of changes. The industry while the second stage is described as Response: While FCIC is sensitive to questioned whether Washington was ‘‘* * * extends from emergence of the the industry’s concerns for timely inadvertently omitted from the fourth leaf * * *’’ Commenters believe information, FCIC believes that a summary. that the language leaves a gap between contract change date 60 days prior to the Response: FCIC inadvertently omitted stage 1 and stage 2 and that the language sales closing date allows the companies the state of Washington from item 10 of in the first stage should be modified to adequate time to perform all required the summary. The reference in section read ‘‘* * * through emergence of the tasks in a timely manner. Furthermore, 9 is correct. third leaf.’’ major changes in the crop provisions are Comment: An insurance service Response: FCIC agrees with the published in the Federal Register prior organization commented that, under comment, and has amended provisions to the contract change date. This section 9, the end of the insurance in section 3 accordingly. provides companies additional lead period for Colorado would be October Comment: An FCIC RSO suggested time to begin implementing changes. 15. The summary of changes states that that the proposed three stages may be The June 30 and November 30 contract this is a date change for Colorado, but difficult to distinguish and would change dates contained in section 4 are the Automated Date Table already require extra effort to administer. The consistent with other crops. For these shows October 15 for the 1997 crop commenter recommended that two reasons, no change has been made. year. 28612 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations

Response: The date table published Comment: An insurance service provision in section 14 under the for the 1997 crop year is incorrect. The organization stated that they did not prevented planting coverage will be regulations at § 401.126 specify the end understand the intent of the language in eliminated for the 1998 crop year. of insurance date for Colorado is section 13(c)(1)(vi)(C) and how it related Response: FCIC is currently working September 30. Therefore, the summary to items 13(c)(1)(vi)(A) and on a regulation that will propose of changes is correct. 13(c)(1)(vi)(B). They noted that they numerous revisions to the prevented Comment: An FCIC RSO previously took exception with allowing planting coverage. The substitute crop recommended two changes in section 9: the insured to wait for a later, probably provision is among those revisions. (1) That the term ‘‘fall planted’’ be lower appraisal. They did not believe Until that rule is finalized, the current changed to ‘‘fall direct seeded’’ or that the language in section prevented planting coverage will ‘‘winter transplanted’’, and (2) the end 13(c)(1)(vi)(C) resolved the issue. continue. of the insurance period be changed from Response: After further review, FCIC Comment: An insurance service June 15 to June 1 for the State of agrees that the language in section organization commented that some Georgia. The commenter stated that the 13(c)(1)(vi)(C) does not relate well to recently revised crop provisions have date change recommendation resulted sections 13(c)(1)(vi)(A) and deleted the reference to base acres for from consultation with extension 13(c)(1)(vi)(B) and does not further non-program crops. Although the personnel, and the commenter stated clarify section 13(c)(1)(vi)(A) as was comment did not specifically that the additional 14 days increases the intended. Therefore, FCIC has been recommend removal of these provisions risk of heat damage to Georgia onions deleted 13(c)(1)(vi)(C). from the onion crop provisions, this was not harvested by June 1. Comment: A reinsured company and clearly the intent. Response: FCIC agrees with the Response: FCIC has determined that an insurance service organization comment and is currently working on a the terms are production practices that expressed concern that the language in regulation that proposes to delete should properly be defined in the section 13(d) seemed to address only unharvested production and questioned reference to base acres. Special Provisions. The recommended Comment: A reinsured company change to the end of insurance period the meaning of the clause ‘‘* * * no production will be counted if the recommended reducing the prevented for Georgia is adopted. appraised percent of damage exceeds planting percentages in section 14 from Comment: An FCIC RSO commented the percentage shown in the Special 40 percent to 35 percent for unplanted that the time allowed after lifting or Provisions.’’ acreage, and from 20 percent to 17.5 digging of non-storage onions until the Response: FCIC agrees that the percent for acreage planted to a end of the insurance period was too language was unclear and has modified substitute crop. The commenter short. A maximum of 14 days was the language to read ‘‘If the percent of reasoned that the recommended recommended versus the presently damaged onion production, harvested or percentages would be more consistent allowed 2 days after lifting or digging. unharvested, is determined to exceed with other policies (such as cotton, rice, Response: Based on additional the percentage shown by type in the and sugar beets) that insure high-value research, FCIC agrees with the Special Provisions * * *’’ to clearly crops. recommendation and has made the specify both harvested and unharvested Response: After additional study, change accordingly. onion production that is damaged. FCIC agrees with the comment and has Comment: An insurance service Thus, for example, if the percentage amended section 14 to read 35 percent organization recommended that the shown on the Special Provisions is 50 for unplanted acreage and 17.5 percent words ‘‘for the type’’ be added to section percent for non-storage type onions, and for acreage planted to a substitute crop. 11 after the words ‘‘by your price the percent of actual damage exceeds 50 Comment: An insurance service election’’ to clarify the price used in percent, then the production to count organization commented that the determining the maximum amount of would be zero for that acreage. Onions language in section 14 refers to double- the replanting payment per acre. with a high percent of damage generally cropping in ‘‘* * * each of the last 4 Response: FCIC agrees with the have no value. years in which the insured crop was recommendation and has amended the Comment: An FCIC RSO grown on the acreage.’’ Earlier crop language accordingly. recommended that the percentage provisions required a history of double- Comment: A reinsured company factors referenced in section 13(d) be cropping in each of the last 4 years, recommended that the maximum uniform nationwide and be placed in which was interpreted to mean the last amount of replant payment in section 11 the Crop Provisions rather than in the 4 consecutive calendar years, not APH be changed from ‘‘* * * the lesser of 7 Special Provisions. This person crop years. The commenter observed percent of the final stage production recommended a graduated system in that this is a significant change and guarantee or 18 hundredweight * * *’’ which an appraised percent of damage questioned if it had been discussed in to ‘‘* * * the lesser of 10 percent of the between 0 and 30 percent resulted in no recent meetings where prevented final stage production guarantee or 20 damage, but the amount of production planting was a topic. hundredweight.’’ The commenter would be reduced by five percent for Response: Initial crop policies reasoned that since most guarantees each 1 percent of damage between 31 converted to the Common Crop exceed 200 hundredweight, these percent and 50 percent. Damage in Insurance Policy contained language recommendations will provide a more excess of 50 percent would result in no appropriately interpreted to mean the equitable replant payment. production to count. last 4 consecutive calendar years. More Response: A replanting payment Response: Allowable damage differs recent crop provisions contain language equal to the lesser of 7 percent or 18 by region and type. Listing the that specifies each of the last 4 years in hundredweight was based on extensive percentage in the Special Provisions which the insured crop was grown on research of the actual cost of replanting. permits recognition of these differences. the acreage. This issue has been These costs do not differ materially if Therefore, no change has been made. discussed in a number of recent the crop yields 200 or 500 Comment: An insurance service prevented planting meetings at which hundredweight. Therefore, no change organization communicated an industry representatives were present. has been made. anticipation that the substitute crop The restriction that limited eligibility to Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations 28613

4 calendar years is unduly restrictive 1. Changed the term ‘‘third stage’’ to § 401.126 Onion endorsement. because it does not recognize normal ‘‘final stage’’ throughout the text for The provisions of the Onion practices on a typical farm that employs clarification. Endorsement for the 1988 through the a double-cropping practice. 2. Section 1—Amend the terms 1997 crop years are as follows: Comment: An FCIC RSO ‘‘onion production’’ and production * * * * * recommended deleting language in guarantee (per acre) and added the term section 14 that refers to participation in ‘‘damaged onion production’’ in order to PART 457ÐCOMMON CROP USDA programs that limit the number standardize the guidelines to be used in INSURANCE REGULATIONS; of acres planted for the crop year to base determining damaged onions. REGULATIONS FOR THE 1994 AND acres, and to nonparticipation in USDA SUBSEQUENT CONTRACT YEARS programs, because these provisions do 3. Section 3(b)—Modified the 3. The authority citation for 7 CFR not apply to onions. language to read ‘‘the stages are for any part 457 continues to read as follows: Response: FCIC agrees with the acreage in the unit * * *’’ that qualify comment and is currently working on a for a specific stage. Previously the Authority: 7 U.S.C. 1506(l), 1506(p). regulation that proposes to delete these language describing stages 2 and 3 read 4. Section 457.135 is added to read as references. However, this language will ‘‘* * * 25 percent of the acreage in the follows: not be deleted from Crop Provisions unit * * * .’’ Stages are now on an acre until that regulation has become a final basis rather than a unit basis. § 457.135 Onion Crop Insurance Provisions. rule. This provides consistency among 4. Section 13—Deleted section policies. Therefore, no change has been 13(c)(1)(vi)(C) based on proposed rule The Onion Crop Insurance Provisions made. comments that the provision did not for the 1998 and succeeding crop years Comment: An insurance service relate well to sections 13(c)(1)(vi)(A) are as follows: organization suggested combining the and 13(c)(1)(vi)(B) and that it did not FCIC policies: provisions contained in section 15(e) further clarify section 13(c)(1)(vi)(A) as United States Department of Agriculture with the provisions in section 15(a). was intended. Federal Crop Insurance Corporation Response: The requirement that a Good cause is shown to make this rule Reinsured policies: written agreement be requested on or effective upon publication in the before the sales closing date is intended Federal Register. This rule improves the (Appropriate title for insurance provider) Both FCIC and reinsured policies: to be the rule. The exception provided onion insurance coverage and brings it in section 15(e) is only available in under the Common Crop Insurance Onion Crop Provisions specific limited circumstances. Policy Basic Provisions for consistency If a conflict exists among the Basic Therefore, no change will be made. among the policies. The earliest contract Provisions (§ 457.8), these Crop Provisions, Comment: A reinsured company and change date that can be met for the 1998 and the Special Provisions; the Special Provisions will control these Crop Provisions an insurance service organization crop years is June 30, 1997. It is recommended removal of the and the Basic Provisions; and these Crop therefore, imperative that these Provisions will control the Basic Provisions. requirement in section 15 that a written provisions be made final before that agreement be renewed each year. The 1. Definitions. date so that the reinsured companies Crop year. The period of time in which the terms should be stated in the agreement and insureds may have sufficient time onions are normally grown and designated by to fit the particular situation for the to implement these changes. Therefore, the calendar year in which the onions are policy, and, if no substantive changes public interest requires the agency to normally harvested. occur from one year to the next, the make the rules effective upon Damaged onion production. Storage type written agreement should be onions that do not grade U.S. No. 1 or do not publication. continuous. Limiting written satisfy any other standards that may be agreements to one year only increases List of Subjects in 7 CFR Parts 401 and contained in the Special Provisions; or non- administrative cost, complexity, and the 457 storage type onions which do not satisfy opportunities for misunderstanding and standards contained in any applicable marketing order or other standards that may error. Crop insurance, Onion crop insurance regulations, Onions. be contained in the Special Provisions. Response: Written agreements are Days. Calendar days. intended to supplement policy terms or Final Rule Direct Marketing. Sale of the insured crop permit insurance in unusual situations directly to consumers without the that require modification of the Accordingly, for the reasons set forth intervention of an intermediary such as a otherwise standard insurance in the preamble, the Federal Crop wholesaler, retailer, packer, processor, provisions. If such practices continue Insurance Corporation hereby amends 7 shipper or buyer. Examples of direct year to year, they should be marketing include selling through an on-farm CFR parts 401 and 457 effective for the or roadside stand, farmer’s market, and incorporated into the policy or Special 1998 and succeeding crop years to read permitting the general public to enter the Provisions. It is not intended that as follows: field for the purpose of harvesting all or a written agreements be so numerous that portion of the crop. they would significantly increase PART 401ÐGENERAL CROP FSA. The Farm Service Agency, an agency administrative costs and cause producer INSURANCE REGULATIONSÐ of the United States Department of misunderstanding. It is important to REGULATIONS FOR THE 1988 AND Agriculture, or a successor Agency. minimize written agreement exceptions SUBSEQUENT CONTRACT YEARS Final planting date. The date contained in to assure that the insured is well aware the Special Provisions for the insured crop by of the specific terms of the policy. 1. The authority citation for 7 CFR which the crop must initially be planted in part 401 continues to read as follows: order to be insured for the full production Therefore, no change will be made. guarantee. In addition to the changes described Authority: 7 U.S.C. 1506(1), 1506(p). Good farming practices. The cultural above, and minor reformatting and word practices generally in use in the county for changes for clarity, FCIC has made the 2. In § 401.126 the introductory the crop to make normal progress toward following changes: paragraph is revised to read as follows: maturity and produce at least the yield used 28614 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations to determine the production guarantee and or the end of the late planting period. You (1) You must have records, which can be are those recognized by the Cooperative State must have been unable to plant the insured independently verified, of planted acreage Research, Education, and Extension Service crop due to an insured cause of loss that has and production for each optional unit for at as compatible with agronomic and weather prevented the majority of producers in the least the last crop year used to determine conditions in the county. surrounding area from planting the same your production guarantee; Harvest. Removal of the onions from the crop. (2) You must plant the crop in a manner field after topping and lifting or digging. Production guarantee (per acre): that results in a clear and discernable break Hundredweight. 100 pounds avoirdupois. (a) First stage production guarantee— in the planting pattern at the boundaries of Interplanted. Acreage on which two or Thirty-five percent (35%) of the final stage each optional unit; more crops are planted in a manner that does production guarantee. (3) You must have records of marketed not permit separate agronomic maintenance (b) Second stage production guarantee— production or measurement of stored or harvest of the insured crop. Sixty percent (60%) of the final stage production from each optional unit Irrigated practice. A method of producing production guarantee. maintained in such a manner that permits us a crop by which water is artificially applied (c) Final stage production guarantee—The to verify the production from each optional during the growing season by appropriate quantity of onions (in hundredweight) unit, or the production from each unit must systems and at the proper times, with the determined by multiplying the approved be kept separate until after loss adjustment is intention of providing the quantity of water yield per acre by the coverage level completed by us; and needed to produce at least the yield used to percentage you elect. (4) Optional units meet one or more of the establish the irrigated production guarantee Replanting. Performing the cultural following, as applicable, unless otherwise on the irrigated acreage planted to the practices necessary to replace the onion seed provided by written agreement: insured crop. or onion transplants, and then replacing the (i) Optional Units Based on Irrigated Late planted. Acreage planted to the onion seed or onion transplants in the Acreage or Non-Irrigated Acreage: To qualify insured crop during the late planting period. insured acreage with the expectation of as separate irrigated and non-irrigated Late planting period—The period that growing a crop that will produce at least the optional units, the non-irrigated acreage may begins the day after the final planting date for yield used to determine the production not continue into the irrigated acreage in the the insured crop and ends 25 days after the guarantee. same rows or planting pattern. The irrigated final planting date. Storage onions. Onions other than a acreage may not extend beyond the point at Lifting or digging. A pre-harvest process in Bermuda, Granex, or Grano variety, or which the irrigation system can deliver the which the onion roots are severed from the hybrids developed from these varieties that quantity of water needed to produce the yield soil and the onion bulbs laid on the surface are harvested as a bulb and dried to a lower on which your guarantee is based, except the of the soil for drying in the field. moisture content, are firmer, have more outer corners of a field in which a center-pivot irrigation system is used will be considered Non-storage onions. Generally of a layers of paper-like skin, and are darker in as irrigated acreage if separate acceptable Bermuda, Granex, or Grano variety, or color than non-storage onions. They are records of production from the corners are hybrids developed from these varieties, that generally more pungent, have a lower sugar not provided. If the corners of a field in are harvested as a bulb and dried only a short content, and can normally be stored for which the center pivot irrigation system is time, and consequently have a higher several months under proper conditions prior used do not qualify as a separate non- moisture content. They are thinner skinned, to use without deterioration. irrigated optional unit, they will be a part of contain a higher sugar content, and are Timely planted. Planted on or before the the unit containing the irrigated acreage. generally milder in flavor than storage final planting date designated in the Special However, non-irrigated acreage that is not a onions. Due to a higher moisture and sugar Provisions for the insured crop in the county. part of a field in which a center pivot content, they are subject to deterioration both Topping. A pre-harvest process to initiate irrigation system is used may qualify as a on the surface and internally if not used curing, in which onion foliage is removed or separate optional unit provided all shortly after harvest. bent over. requirements of this section are met; or Onion production. Onions of recoverable Type. A category of onions as identified in (ii) Optional Units Based on Onion Type: size and condition, with excess dirt and the Special Provisions. To qualify for a separate optional unit by foliage material removed and that are not Written agreement. A written document type, that type of onion must be designated considered damaged onion production. that alters designated terms of this policy in in the Special Provisions. Planted acreage. Land in which onion seed accordance with section 15. 3. Insurance Guarantees, Coverage Levels, has been placed by a machine appropriate for 2. Unit Division. and Prices for Determining Indemnities. the insured crop and planting method, or in (a) Unless limited by the Special (a) In addition to the requirements of which onion plants or sets have been Provisions, a unit as defined in section 1 section 3 (Insurance Guarantees, Coverage transplanted by machine or by hand, at the (Definitions) of the Basic Provisions (§ 457.8), Levels, and Prices for Determining correct depth, into a seedbed that has been (basic unit) may be divided into optional Indemnities) of the Basic Provisions (§ 457.8), properly prepared for the planting method units if, for each optional unit you meet all you may select only one price election for all and production practice. Onions must the conditions of this section. the onions in the county insured under this initially be planted in rows to be considered (b) Basic units may not be divided into policy unless the Special Provisions provide planted. optional units on any basis other than as different price elections by type, in which Practical to replant. In lieu of the described in this section. case you may select one price election for definition of ‘‘Practical to replant’’ contained (c) If you do not comply fully with these each onion type designated in the Special in section 1 of the Basic Provisions (§ 457.8), provisions, we will combine all optional Provisions. The price elections you choose practical to replant is defined as our units that are not in compliance with these for each type must have the same percentage determination, after loss or damage to the provisions into the basic unit from which relationship to the maximum price offered by insured crop, based on factors including but they were formed. We will combine the us for each type. For example, if you choose not limited to moisture availability, optional units at any time we discover that 100 percent of the maximum price election condition of the field, time to crop maturity, you have failed to comply with these for one type, you must also choose 100 and marketing window, that replanting the provisions. If failure to comply with these percent of the maximum price election for all insured crop will allow the crop to attain provisions is determined to be inadvertent, other types. maturity prior to the calendar date for the and the optional units are combined into a (b) Your production guarantee progresses, end of the insurance period. It will not be basic unit, that portion of the additional in stages, to the final stage production considered practical to replant after the end premium paid for the optional units that guarantee. Stages will be determined on an of the late planting period unless replanting have been combined will be refunded to you. acre basis and at least 75% of the plants on is generally occurring in the area. (d) All optional units you selected for the such acreage must be at the same stage to Prevented planting. Inability to plant the crop year must be identified on the acreage qualify for the applicable stage guarantee. insured crop with proper equipment by the report for that crop year. The stages are as follows: final planting date designated in the Special (e) The following requirements must be (1) First stage extends from planting Provisions for the insured crop in the county met for each optional unit: through the emergence of the third leaf for Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations 28615 direct seeded onions, and has a guarantee of and is the quantity of onions (in 4. Contract Changes. 35 percent of the final stage production hundredweight) determined by multiplying In accordance with section 4 (Contract guarantee. the approved yield per acre by the coverage Changes) of the Basic Provisions (§ 457.8), (2) Second stage extends from emergence level percentage elected. the contract change date is June 30 preceding of the fourth leaf for direct seeded onions, or (c) Any acreage of onions damaged in the the cancellation date for counties with an from transplanting of onion plants or sets, first or second stage, to the extent that August 31 cancellation date, and November until the acreage has been subjected to producers in the area would not normally 30 preceding the cancellation date for all topping and lifting or digging, and has a further care for the onions, will be deemed other counties. guarantee of 60 percent of the final stage to have been destroyed even though you may 5. Cancellation and Termination Dates. production guarantee. continue to care for the onions. The In accordance with section 2 (Life of the (3) Final stage extends from the completion production guarantee for such acreage will Policy, Cancellation, and Termination) of the of topping and lifting or digging on the not exceed the production guarantee for the Basic Provisions (§ 457.8), the cancellation acreage until the end of the insurance period, stage in which the damage occurred. and termination dates are:

Cancella- tion and State and county termination date

All Georgia Counties; Umatilla County, Oregon; Kinney, Uvalde, Medina, Bexar, Wilson, Karnes, Bee, and San Patricio, Counties, Aug. 31. Texas, and all Texas Counties lying south thereof; Walla Walla County, Washington. All other states and counties ...... Feb. 1.

6. Annual Premium. before the final planting date designated in production that occurs after onions have In lieu of the provisions of section 7(c) the Special Provisions except as allowed in been placed in storage. (Annual Premium) of the Basic Provisions section 14(c). 11. Replanting Payment. (§ 457.8), the annual premium amount is (b) The insurance period ends at the (a) In accordance with section 13 computed by multiplying the final stage earliest of: (Replanting Payment) of the Basic Provisions production guarantee by the price election, (1) The calendar date for the end of the (§ 457.8), a replanting payment is allowed if the premium rate, the insured acreage, your insurance period as follows: the crop is damaged by an insurable cause of share at the time of planting, and any (i) June 1 for Vidalia, and any other non- loss to the extent that the remaining stand applicable premium adjustment factors storage onions planted in the State of will not produce at least 90 percent of the contained in the Actuarial Table. Georgia; final stage production guarantee for the 7. Insured Crop. (ii) July 15 for 1015 Super Sweets, and any acreage and we determine that it is practical In accordance with section 8 (Insured Crop other non-storage onions in the State of to replant. of the Basic Provisions (§ 457.8), the crop Texas; (b) The maximum amount of the replanting insured will be all the storage and non- (iii) July 31 for Walla Walla Sweets, and payment per acre will be the lesser of 7 storage onions (excluding green (bunch) or any other non-storage onions in the states of percent of the final stage production seed onions, chives, garlic, leeks, and Oregon and Washington; guarantee or 18 hundredweight multiplied by scallions) in the county for which a premium (iv) August 31 for all non-storage onions in your price election for the type and by your rate is provided by the Actuarial Table: any other state; and insured share. (a) In which you have a share; (v) October 15 for all storage onions; or (c) When onions are replanted using a (b) That are planted for harvest as either (2) The following event for each unit or practice that is uninsurable as an original storage onions or non-storage onions; portion of a unit: planting, the liability for the unit will be (c) That are not (unless allowed by the reduced by the amount of the replanting (i) Removal of the onions from the field; or Special Provisions or by written agreement): payment. The premium amount will not be (ii) Fourteen days after lifting or digging. (1) Interplanted with another crop, unless reduced. 10. Causes of Loss. the onions are interplanted with a windbreak 12. Duties in the Event of Damage or Loss. (a) In accordance with the provisions of crop and the windbreak crop is destroyed (a) In accordance with the requirements of within 70 days after completion of seeding or section 12 (Causes of Loss) of the Basic section 14 (Duties in the Event of Damage or transplanting; or Provisions (§ 457.8), insurance is provided Loss) of the Basic Provisions (§ 457.8), any (2) Planted into an established grass or only against the following causes of loss that representative samples of the unharvested legume. occur within the insurance period: crop that may be required must be at least 10 8. Insurable Acreage. (1) Adverse weather conditions; feet wide and extend the entire length of each In addition to the provisions of section 9 (2) Fire; field in the unit. The samples must not be (Insurable Acreage) of the Basic Provisions (3) Insects, but not damage due to harvested or destroyed until the earlier of our (§ 457.8), we will not insure any acreage of insufficient or improper application of pest inspection or 15 days after harvest of the the insured crop that: control measures; balance of the unit is completed. (a) Was planted the previous year to (4) Plant disease, but not damage due to (b) You must notify us at least 15 days storage or non-storage onions, green (bunch) insufficient or improper application of before any production from any unit will be onions, seed onions, chives, garlic, leeks, disease control measures; sold by direct marketing. We will conduct an shallots, or scallions unless different rotation (5) Wildlife, unless control measures have appraisal that will be used to determine your requirements are specified in the Special not been taken; production to count for production that is Provisions or we agree in writing to insure (6) Earthquake; sold by direct marketing. If damage occurs such acreage; or (7) Volcanic eruption; or after this appraisal, we will conduct an (b) Is damaged before the final planting (8) Failure of the irrigation water supply, additional appraisal. These appraisals, and date to the extent that the majority of if caused by an insured peril that occurs any acceptable records provided by you, will producers in the area would normally not during the insurance period. be used to determine your production to further care for the crop and is not replanted, (b) In addition to the causes of loss not count. Failure to give timely notice that unless we agree that it is not practical to insured against as listed in section 12 (Causes production will be sold by direct marketing replant. of Loss) of the Basic Provisions (§ 457.8), we will result in an appraised amount of 9. Insurance Period. will not insure against any loss of production production to count that is not less than the (a) In addition to the provisions of section due to damage that occurs or becomes production guarantee per acre if such failure 11 (Insurance Period) of the Basic Provisions evident after the end of the insurance period, results in our inability to make the required (§ 457.8), the acreage must be planted on or including, but not limited to, loss of appraisal. 28616 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations

13. Settlement of Claim. put the acreage to another use will be used (i) To plant onions during the late planting (a) We will determine your loss on a unit to determine the amount of production to period. The production guarantee for such basis. In the event you are unable to provide count); or acreage will be determined in accordance production records: (B) If you elect to continue to care for the with section 14(c)(1); (1) For any optional units, we will combine crop, the amount of production to count for (ii) Not to plant this acreage to any crop all optional units for which acceptable the acreage will be the harvested onion except a cover crop not for harvest. You may production records were not provided; or production, or our reappraisal if additional also elect to plant the insured crop after the (2) For any basic units, we will allocate any damage occurs and the crop is not harvested. late planting period. In either case, the commingled production to such units in (2) All harvested onion production from production guarantee for such acreage will be proportion to our liability on the harvested the insurable acreage. 35 percent of the final stage production acreage for the units. (d) If the damage to onion production guarantee for timely planted acres. For (b) In the event of loss or damage covered (harvested or unharvested) exceeds the example, if your production guarantee for by this policy, we will settle your claim by: percentage shown by type in the Special timely planted acreage is 300 hundredweight (1) Multiplying the insured acreage by its Provisions, no production will be counted for per acre, your prevented planting production respective production guarantee; that unit or portion of a unit unless the guarantee would be 105 hundredweight per (2) Multiplying each result of section damaged onion production from that acreage acre (300 hundredweight multiplied by 0.35). 13(b)(1) by the respective price election; is subsequently sold. If you elect to plant the insured crop after the (3) Totaling the results in section 13(b)(2); (e) The extent of any damaged onion late planting period, production to count for (4) Multiplying the total production to be production must be determined not later than such acreage will be determined in counted (see section 13(c)) by the respective the time onions are placed in storage if the accordance with section 13; or price elections you chose; production is stored prior to sale, or the date (iii) Not to plant the intended crop but (5) Totaling the results of section 13(b)(4); the onions are delivered to a packer, plant a substitute crop for harvest, in which (6) Subtracting the result in section 13(b)(5) processor, or other handler if production is case: from the result in 13(b)(3); and not stored. (A) No prevented planting production (7) Multiplying the result in section 14. Late Planting and Prevented Planting. guarantee will be provided for such acreage 13(b)(6) by your share. (a) In lieu of provisions contained in the if the substitute crop is planted on or before (c) The total production (in Basic Provisions (§ 457.8) regarding acreage the 10th day following the final planting date hundredweight) to count from all insurable initially planted after the final planting date for the insured crop; or acreage on the unit will include: and the applicability of a Late Planting (B) A production guarantee equal to 17.5 (1) All appraised production as follows: Agreement Option, insurance will be percent of the final stage production (i) Not less than the production guarantee provided for acreage planted to the insured guarantee for timely planted acres will be provided for such acreage, if the substitute for acreage: crop during the late planting period (see crop is planted after the 10th day following (A) That is abandoned; section 14(c)) and you were prevented from the final planting date for the insured crop. (B) That is direct marketed to consumers if planting (see section 14(d)). These coverages If you elected the Catastrophic Risk you fail to meet the requirements contained provide reduced production guarantees. The Protection Endorsement or excluded this in section 12; premium amount for late planted acreage and coverage, and plant a substitute crop, no (C) Put to another use without our consent; eligible prevented planting acreage will be prevented planting coverage will be (D) That is damaged solely by uninsured the same as that for timely planted acreage. provided. For example, if your production causes; or If the amount of premium you are required guarantee for timely planted acreage is 300 (E) For which you fail to provide to pay (gross premium less our subsidy) for hundredweight per acre, your prevented production records that are acceptable to us; late planted acreage or prevented planting planting production guarantee would be 52.5 (ii) Production lost due to uninsured acreage exceeds the liability on such acreage, hundredweight per acre (300 hundredweight causes; coverage for those acres will not be provided, multiplied by 0.17.5). You may elect to (iii) Unharvested onion production (mature no premium will be due, and no indemnity exclude prevented planting coverage when a unharvested production may be adjusted will be paid for such acreage. substitute crop is planted for harvest and based on the percent of damaged onion (b) If you were prevented from planting, receive a reduction in the applicable production in accordance with section 13(d)); you must provide written notice to us not premium rate. If you wish to exclude this (iv) The appraised production that exceeds later than the acreage reporting date. coverage, you must so indicate, on or before the difference between the first or second (c) Late Planting the sales closing date, on your application or stage (as applicable) and the final stage (1) For onion acreage planted during the on a form approved by us. Your election to production guarantee for acreage that does late planting period, the production exclude this coverage will remain in effect not qualify for the final stage guarantee, if guarantee for each acre will be reduced for from year to year unless you notify us in such acreage is not subject to section 13(c)(1) each day planted after the final planting date writing on our form by the applicable sales (i) and (ii); and by: closing date for the crop year for which you (v) Potential production on insured acreage (i) One percent (1%) per day for the 1st wish to include this coverage. All acreage of that you intend to put to another use or through the 10th day; and the crop insured under this policy will be abandon, if you and we agree on the (ii) Two percent (2%) per day for the 11th subject to this exclusion. appraised amount of production. Upon such through the 25th day. (2) Production guarantees for timely, late, agreement, the insurance period for that (2) In addition to the requirements of and prevented planting acreage within a unit acreage will end if you put the acreage to section 6 (Report of Acreage) of the Basic will be combined to determine the another use or abandon the crop. Provisions (§ 457.8), you must report the production guarantee for the unit. For (vi) If agreement on the appraised amount dates the acreage is planted within the late example, assume you insure one unit in of production is not reached: planting period. which you have a 100 percent share. The unit (A) If you do not elect to continue to care (3) If planting of onions continues after the consists of 150 acres, of which 50 acres were for the crop, we may give you consent to put final planting date, or you are prevented from planted timely, 50 acres were planted 7 days the acreage to another use if you agree to planting during the late planting period, the after the final planting date (late planted), leave intact, and provide sufficient care for, acreage reporting date will be the later of: and 50 acres were not planted but are eligible representative samples of the crop in (i) The acreage reporting date contained in for a prevented planting production locations acceptable to us. (The amount of the Special Provisions for the insured crop; guarantee. The production guarantee for the production to count for such acreage will be or unit will be computed as follows: based on the harvested onion production or (ii) Five days after the end of the late (i) For the timely planted acreage, multiply appraisals from the samples at the time planting period. the per acre production guarantee for timely harvest should have occurred. If you do not (d) Prevented Planting (Including Planting planted acreage by the 50 acres planted leave the required samples intact, or fail to After the Late Planting Period) timely; provide sufficient care for the samples, our (1) If you were prevented from timely (ii) For the late planted acreage, multiply appraisal made prior to giving you consent to planting onions, you may elect: the per acre production guarantee for timely Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations 28617 planted acreage by 93 percent and multiply Department of Agriculture that limits the of double-cropping. If you have a the result by the 50 acres planted late; and number of acres that may be planted for the Catastrophic Risk Protection Endorsement (iii) For prevented planting acreage, crop year, the acreage eligible for prevented and receive a prevented planting indemnity, multiply the per acre production guarantee planting coverage will not exceed the total guarantee, or amount of insurance for a crop for timely planted acreage by: acreage permitted to be planted to the and are prevented from planting another crop (A) Thirty-five percent and multiply the insured crop. on the same acreage, you may only receive result by the 50 acres you were prevented (ii) If you do not participate in any program the prevented planting indemnity, guarantee, from planting, if the acreage is eligible for administered by the United States or amount of insurance for the crop on which prevented planting coverage, and if the Department of Agriculture that limits the the prevented planting indemnity, guarantee, acreage is left idle for the crop year, or if a number of acres that may be planted, and or amount of insurance is received; or cover crop is planted not for harvest. unless we agree in writing on or before the (G) For which planting history or Prevented planting compensation hereunder sales closing date, eligible acreage will not conservation plans indicate that the acreage will not be denied because the cover crop is exceed the greater of: would have remained fallow for crop rotation hayed or grazed; or (A) The FSA base acreage for the insured purposes. (B) Seventeen and one-half percent and crop, including acres that could be flexed (v) For the purpose of determining eligible multiply the result by the 50 acres you were from another crop, if applicable; acreage for prevented planting coverage, prevented from planting, if the acreage is (B) The number of acres planted to onions acreage for all units will be combined and be eligible for prevented planting coverage, and on the FSA Farm Serial Number during the reduced by the number of onion acres timely if you elect to plant a substitute crop for previous crop year; or planted and late planted. For example, harvest after the 10th day following the final (C) One-hundred percent of the simple assume you have 100 acres eligible for planting date for the insured crop (This average of the number of acres planted to prevented planting coverage in which you paragraph (B) is not applicable, and onions during the crop years that you have a 100 percent share. The acreage is prevented planting coverage is not available certified to determine your yield. located in a single FSA Farm Serial Number under these crop provisions, if you elected (iii) Acreage intended to be planted under which you insure as two separate optional the Catastrophic Risk Protection an irrigated practice will be limited to the units consisting of 50 acres each. If you Endorsement or you elected to exclude number of acres for which you had adequate planted 60 acres of onions on one optional prevented planting coverage when a irrigation facilities prior to the insured cause unit and 40 acres of onions on the second substitute crop is planted (see section of loss which prevented you from planting. optional unit, your prevented planting 14(d)(1)(iii)).) (iv) A prevented planting production eligible acreage would be reduced to zero Your premium will be based on the result guarantee will not be provided for any (i.e., 100 acres eligible for prevented planting of multiplying the per acre production acreage: coverage minus 100 acres planted equals guarantee for timely planted acreage by the (A) That does not constitute at least 20 zero). 150 acres in the unit. acres or 20 percent of the acreage in the unit, (6) In accordance with the provisions of (3) You must have the inputs available to whichever is less (Acreage that is less than section 6 (Report of Acreage) of the Basic plant and produce the intended crop with the 20 acres or 20 percent of the acreage in the Provisions (§ 457.8), you must report by unit expectation of at least producing the unit will be presumed to have been intended any insurable acreage that you were production guarantee. Proof that these inputs to be planted to the insured crop planted in prevented from planting. This report must be were available may be required. the unit, unless you can show that you had submitted on or before the acreage reporting (4) In addition to the provisions of section the inputs available before the final planting date. For the purpose of determining acreage 11 (Insurance Period) of the Basic Provisions date to plant and produce another insured eligible for a prevented planting production (§ 457.8), the insurance period for prevented crop on the acreage); guarantee, the total amount of prevented planting coverage begins: (B) For which the actuarial table does not planting and planted acres cannot exceed the (i) On the sales closing date contained in designate a premium rate unless a written maximum number of acres eligible for the Special Provisions for the insured crop in agreement designates such premium rate; prevented planting coverage. Any acreage the county for the crop year the application (C) Used for conservation purposes or you report in excess of the number of acres for insurance is accepted; or intended to be left unplanted under any eligible for prevented planting coverage, or (ii) For any subsequent crop year, on the program administered by the United States that exceeds the number of eligible acres sales closing date for the insured crop in the Department of Agriculture; physically located in a unit, will be deleted county for the previous crop year, provided (D) On which another crop is prevented from your acreage report. continuous coverage has been in effect since from being planted, if you have already 15. Written Agreements. that date. For example: If you make received a prevented planting indemnity, Designated terms of this policy may be application and purchase insurance for guarantee or amount of insurance for the altered by written agreement in accordance onions for the 1998 crop year, prevented same acreage in the same crop year, unless with the following: planting coverage will begin on the 1998 you provide adequate records of acreage and (a) You must apply in writing for each sales closing date for onions in the county. production showing that the acreage has a written agreement no later than the sales If the onion coverage remains in effect for the history of double-cropping in each of the last closing date, except as provided in section 1999 crop year (is not terminated or canceled 4 years in which the insured crop was grown 15(e); during or after the 1998 crop year) prevented on the acreage; (b) The application for written agreement planting coverage for the 1999 crop year (E) On which the insured crop is prevented must contain all terms of the contract began on the 1998 sales closing date. from being planted, if any other crop is between the insurance provider and the Cancellation for the purposes of transferring planted and fails, or is planted and insured that will be in effect if the written the policy to a different insurance provider harvested, hayed or grazed on the same agreement is not approved; when there is no lapse in coverage will not acreage in the same crop year (other than a (c) If approved by us, the written be considered terminated or canceled cover crop as specified in section 14 agreement will include all variable terms of coverage for the purpose of the preceding (d)(2)(iii)(A) or a substitute crop allowed in the contract, including, but not limited to, sentence. section 14 (d)(2)(iii)(B)), unless you provide crop type or variety, the guarantee, premium (5) The acreage to which prevented adequate records of acreage and production rate, and price election; planting coverage applies will not exceed the showing that the acreage has a history of (d) Each written agreement will only be total eligible acreage on all FSA Farm Serial double-cropping in each of the last 4 years valid for one year. (If the written agreement Numbers in which you have a share, adjusted in which the insured crop was grown on the is not specifically renewed the following for any reconstitution that may have occurred acreage; year, insurance coverage for subsequent crop on or before the sales closing date. Eligible (F) When coverage is provided under the years will be in accordance with the printed acreage for each FSA Farm Serial Number is Catastrophic Risk Protection Endorsement if policy); and determined as follows: you plant another crop for harvest on any (e) An application for written agreement (i) If you participate in any program acreage you were prevented from planting in submitted after the sales closing date may be administered by the United States the same crop year, even if you have a history approved if, after a physical inspection of the 28618 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations acreage, it is determined that no loss has with the statutory language of the Act debt forgiveness in determining the occurred and the crop is insurable in require some corrections not originally applicant’s creditworthiness. The accordance with the policy and written included in the interim rule published following circumstances do not agreement provisions. on March 3, 1997. Those corrections are automatically indicate an unacceptable Signed in Washington, D.C., on. May 19, as follows: (a) Section 1910.5 of 7 CFR credit history: 1997. part 1910, subpart A, is corrected by * * * * * Kenneth D. Ackerman, incorporating a provision that renders Manager, Federal Crop Insurance an applicant ineligible for most types of PART 1941ÐOPERATING LOANS Corporation. FSA loan assistance when they have [FR Doc. 97–13801 Filed 5–23–97; 8:45 am] received debt forgiveness. (b) Section 3. The authority citation for part 1941 BILLING CODE 3410±08±P 1943.13 of 7 CFR part 1943, subpart A, continues to read as follows: is corrected by removing references to Authority: 5 U.S.C. 301; 7 U.S.C. 1989. the ‘‘sale of acquired property’’ and DEPARTMENT OF AGRICULTURE ‘‘credit sales’’ to socially disadvantaged Subpart AÐOperating Loan Policies, applicants, since this is eliminated by Procedures, and Authorizations Farm Service Agency the Act. (c) Section 1980.106 of 7 CFR 4. Section 1941.12, paragraphs (a)(8), Rural Housing Service part 1980, subpart B, is corrected by (a)(11), (b)(9) and (b)(12) are revised to removing a reference to ‘‘non-farm read as follows: Rural BusinessÐCooperative Service enterprises’’ contained in the ‘‘farm’’ Rural Utilities Service definition because non-farm enterprises § 1941.12 Eligibility requirements. are no longer financed by the Agency * * * * * 7 CFR Parts 1910, 1941, 1943, 1945, under the Act. (a) * * * and 1980 List of Subjects (8) Have not executed a promissory RIN 0560±AE87 note for a direct OL loan in more than 7 CFR Part 1910 6 different calendar years prior to the Implementation of the Direct and Application processing, Loan calendar year that the requested direct Guaranteed Loan Making Provisions of programs-agriculture. OL loan will close. This eligibility restriction applies to anyone who signs the Federal Agricultural Improvement 7 CFR Part 1941 and 1943 Act of 1996: Correction the promissory note. Youth loans are Applicant eligibility, Beginning not counted as direct OL loans for the AGENCY: Farm Service Agency, USDA. farmers and ranchers, Loan programs- purpose of this paragraph. ACTION: Interim rule, correction; and agriculture. * * * * * correcting amendments. 7 CFR Part 1945 (11) Not be delinquent on any Federal debt. This restriction will not apply if SUMMARY: This document contains Disaster assistance, Loan programs- the Federal delinquency is cured on or corrections to the interim regulations agriculture. that were published Monday, March 3, before the loan closing date. 1997 (62 FR 9351–59). Technical 7 CFR Part 1980 (b) * * * corrections are also made to CFR Beginning farmers and ranchers, Loan (9) Have no member of the business sections not originally included in the guarantees, Loan programs-agriculture. entity who has executed a promissory interim rule. The regulations pertained Accordingly, 7 CFR chapter XVIII is note for direct OL loans in more than 6 to the loan making provisions of the corrected by making the following different calendar years prior to the Farm Service Agency (FSA) farm loan correcting amendments: calendar year that the requested direct programs. OL loan will close. This eligibility restriction applies to anyone who signs EFFECTIVE DATE: PART 1910ÐGENERAL The corrections to the the promissory note. Youth loans are interim rule and the correcting 1. The authority citation for part 1910 not counted as direct OL loans for the amendments are effective May 27, 1997. continues to read as follows: purpose of this paragraph. FOR FURTHER INFORMATION CONTACT: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; and * * * * * Steven R. Bazzell, Senior Loan Officer, 42 U.S.C. 1480. (12) Not be delinquent on any Federal Farm Service Agency. Telephone: 202– debt. This restriction will not apply if 720–3889; facsimile: 202–690–1117; or Subpart AÐReceiving and Processing the Federal delinquency is cured on or e-mail: [email protected] Applications before the loan closing date. This SUPPLEMENTARY INFORMATION: 2. Section 1910.5 is amended by eligibility restriction applies to the revising the introductory text of Background entity and all of its members. paragraph (c) as set forth below and * * * * * The interim final regulations, which removing paragraph (c)(6). are the subject of these corrections, § 1941.16 [Corrected] § 1910.5 Evaluating applications. implemented the direct and guaranteed 5. Section 1941.16(i)(2) is amended by FSA farm loan making provisions of the * * * * * removing the word ‘‘owned’’ and adding Federal Agricultural Improvement Act (c) When the applicant, including any the word ‘‘owed’’ in its place. of 1996 (Act). The public comment members of an entity applicant, caused period ended on May 2, 1997. the Agency a loss by receiving debt Subpart BÐClosing Loans Secured by forgiveness, they are ineligible for Chattels Need for Correction assistance in accordance with As published, the interim final applicable program eligibility § 1941.88 [Corrected] regulations contain errors that either regulations. If the debt forgiveness is 6. In § 1941.88(c), the first sentence is conflict with the Act, are misleading or cured by repayment of the Agency’s amended by removing the word ‘‘more’’ are in need of clarification. Conflicts loss, the Agency may still consider the and adding the word ‘‘less’’ in its place. Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations 28619

PART 1943ÐFARM OWNERSHIP, SOIL PART 1945ÐEMERGENCY word ‘‘creditors’’ the phrase ‘‘or the AND WATER AND RECREATION lender.’’ 12. The authority citation for part c. Revising the first sentence of 7. The authority citation for part 1943 1945 continues to read as follows: paragraph (d)(1) to read, ‘‘No guaranteed continues to read as follows: Authority: 5 U.S.C. 301, 7 U.S.C. 1989, 42 OL loan shall be made to any applicant Authority: 5 U.S.C. 301, and 7 U.S.C. 1989. U.S.C. 1480. after the 15th year that an applicant, or any individual signing the promissory Subpart AÐDirect Farm Ownership Subpart DÐEmergency Loan Policies, note, received direct or guaranteed OL Loan Policies, Procedures and Procedures, and Authorizations loans.’’ Authorizations § 1945.167 [Corrected] § 1980.180 [Corrected] § 1943.4 [Corrected] 13. Section 1945.167, paragraph (a) is 19. Section 1980.180 is amended by: 8. Section 1943.4(e) is amended by amended by revising the last sentence to a. Removing the last sentence of adding ‘‘Except for OL loan purposes,’’ read, ‘‘Chattel property must have been paragraph (a). at the beginning of the first sentence. covered at the tax or cost depreciated b. Removing the word ‘‘Agency’’ and value, whichever is less, when such adding the word ‘‘lender’’ in its place in 9. Section 1943.12 (a)(11) and (b)(11) insurance was readily available and the is revised to read as follows: the last two sentences of paragraph benefit of the coverage (the lesser of the (c)(1). § 1943.12 Farm ownership loan eligibility property’s tax or cost depreciated value) c. Adding the phrase ‘‘FO or OL’’ after requirements. was greater than the cost of the the word ‘‘authorized’’ in paragraph * * * * * insurance.’’ (c)(5). (a) * * * § 1945.175 [Corrected] § 1980.190 [Corrected] (11) Not be delinquent on any Federal 14. Section 1945.175 is amended by 20. Section 1980.190(e) is amended by debt. This restriction will not apply if adding the word ‘‘not’’ after the word removing the phrase ‘‘but not more than the Federal delinquency is cured on or ‘‘chattels’’ in the second to the last 90 percent’’ and adding the phrase, ‘‘but before the loan closing date. sentence of paragraph (c)(3), and by not more than that allowed under (b) * * * revising the last sentence to read, applicable program regulations’’ in its (11) Not be delinquent on any Federal ‘‘Chattels that the applicant did not own place. debt. This restriction will not apply if on the date set forth in paragraph (c)(2) Signed at Washington, D.C., on May 16, the Federal delinquency is cured on or of this section will be appraised at the 1997. before the loan closing date. This present market value.’’ Richard O. Newman, eligibility restriction applies to the Acting Administrator, Farm Service Agency. entity and all of its members. PART 1980ÐGENERAL [FR Doc. 97–13702 Filed 5–23–97; 8:45 am] * * * * * 15. The authority citation for part BILLING CODE 3410±05±P 1980 continues to read as follows: § 1943.13 [Corrected] Authority: 5 U.S.C. 301, 7 U.S.C. 1989, 42 10. Section 1943.13 is amended by: U.S.C. 1480. DEPARTMENT OF AGRICULTURE a. Removing from the introductory text of paragraph (a) and (b) the words Subpart BÐFarmer Program Loans Animal and Plant Health Inspection ‘‘and Acquired Property.’’ Service § 1980.106 [Corrected] b. Removing paragraph (a)(2). 16. Section 1980.106 is corrected by 9 CFR Part 94 c. Redesignating paragraphs (a)(3), (4) removing the second sentence of the and (5) as paragraphs (a)(2), (3) and (4), [Docket No. 97±040±1] definition of a ‘‘Farm.’’ respectively. 17. Section 1980.174, paragraph (a) Change in Disease Status of Spain d. Removing the phrase ‘‘and credit introductory text is revised to read as Because of Hog Cholera sale’’ and removing the word follows: ‘‘programs’’ and adding the word AGENCY: Animal and Plant Health ‘‘program’’ in its place in paragraph § 1980.174 Percentage of guarantee. Inspection Service, USDA. (a)(1) and newly designated paragraph * * * * * ACTION: Interim rule and request for (a)(3). (a) The maximum percentage of comments. e. Removing the phrase ‘‘and acquired guarantee is 90 percent, except in the farmland’’ and removing the word following situations when lenders will SUMMARY: We are amending the ‘‘programs’’ and adding the word be provided a 95 percent guarantee:’’ regulations by removing Spain from the ‘‘program’’ in its place in paragraph * * * * * list of countries considered to be free (b)(1). from hog cholera. We are taking this § 1980.175 [Corrected] action based on reports we have § 1943.16 [Corrected] 18. Section 1980.175 is amended by: received from Spain’s Ministry of 11. Section 1943.16, paragraph (b) is a. Revising the third and fourth Agriculture that an outbreak of hog amended by adding a new sentence at sentences of paragraph (b) to read, cholera has occurred in Spain. As a the end of the paragraph to read, ‘‘In the ‘‘Further, the applicant, and anyone result of this action, there will be case of leased property, the borrower who will execute the promissory note, additional restrictions on the must have a lease to ensure use of the cannot be delinquent on any federal importation of pork and pork products improvement over its useful life or to debt. This restriction will not apply if into the United States from Spain, and ensure that the borrower receives the Federal delinquency is cured on or the importation of swine from Spain compensation for any remaining before the loan closing date.’’ will be prohibited. economic life upon termination of the b. Amending the first sentence of DATES: Interim rule effective April 18, lease. paragraph (c)(2)(ii) by adding after the 1997. Consideration will be given only 28620 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations to comments received on or before July Therefore, we are amending §§ 94.9(a) Executive Order 12988 28, 1997. and 94.10(a) by removing Spain from This rule has been reviewed under ADDRESSES: Please send an original and the list of countries considered to be Executive Order 12988, Civil Justice three copies of your comments to free of hog cholera. We are making this Reform. This rule: (1) Preempts all State Docket No. 97–040–1, Regulatory amendment effective retroactively to and local laws and regulations that are Analysis and Development, PPD, April 18, 1997, because that is the day inconsistent with this rule; (2) has APHIS, suite 3C03, 4700 River Road that an outbreak of hog cholera was retroactive effect to April 18, 1997; and Unit 118, Riverdale, MD 20737–1238. confirmed by Spain’s Ministry of (3) does not require administrative Please state that your comments refer to Agriculture. As a result of this action, proceedings before parties may file suit Docket No. 97–040–1. Comments the importation of swine from Spain is in court challenging this rule. received may be inspected at USDA, prohibited, and pork and pork products room 1141, South Building, 14th Street from Spain will not be eligible for entry Paperwork Reduction Act and Independence Avenue SW., into the United States unless the pork or This rule contains no new Washington, DC, between 8 a.m. and pork products are cooked or cured and information collection or recordkeeping 4:30 p.m., Monday through Friday, dried in accordance with the requirements under the Paperwork except holidays. Persons wishing to regulations. Reduction Act of 1995 (44 U.S.C. 3501 inspect comments are requested to call Emergency Action et seq.). ahead on (202) 690–2817 to facilitate entry into the comment reading room. The Administrator of the Animal and List of Subjects in 9 CFR Part 94 FOR FURTHER INFORMATION CONTACT: Dr. Plant Health Inspection Service has Animal diseases, Imports, Livestock, John Cougill, Staff Veterinarian, determined that an emergency exists Meat and meat products, Milk, Poultry Products Program, National Center for that warrants publication of this interim and poultry products, Reporting and Import and Export, VS, APHIS, Suite rule without prior opportunity for recordkeeping requirements. 3B05, 4700 River Road Unit 40, public comment. Immediate action is Accordingly, 9 CFR part 94 is Riverdale, MD 20737–1231, (301) 734– necessary to prevent the introduction of amended as follows: 3399; or e-mail: hog cholera into the United States. [email protected]. Because prior notice and other public PART 94ÐRINDERPEST, FOOT-AND- procedures with respect to this action MOUTH DISEASE, FOWL PEST (FOWL SUPPLEMENTARY INFORMATION: are impracticable and contrary to the PLAGUE), EXOTIC NEWCASTLE Background public interest under these conditions, DISEASE, AFRICAN SWINE FEVER, The regulations in 9 CFR part 94 we find good cause under 5 U.S.C. 553 HOG CHOLERA, AND BOVINE (referred to below as the regulations) to make it effective on April 18, 1997. SPONGIFORM ENCEPHALOPATHY: govern the importation into the United We will consider comments that are PROHIBITED AND RESTRICTED States of specified animals and animal received within 60 days of publication IMPORTATIONS of this rule in the Federal Register. products in order to prevent the 1. The authority citation for part 94 After the comment period closes, we introduction of various animal diseases, continues to read as follows: including rinderpest, foot-and-mouth will publish another document in the disease, African swine fever, hog Federal Register. It will include a Authority: 7 U.S.C. 147a, 150ee, 161, 162, discussion of any comments we receive and 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a, cholera, and swine vesicular disease. 134a, 134b, 134c, 134f, 136, and 136a; 31 These are dangerous and destructive and any amendments we are making to the rule as a result of the comments. U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR communicable diseases of ruminants 2.22, 2.80, and 371.2(d). and swine. Section 94.9 of the Executive Order 12866 and Regulatory § 94.9 [Amended] regulations restricts the importation into Flexibility Act the United States of pork and pork 2. In § 94.9, paragraph (a) is amended products from countries where hog This rule has been reviewed under by removing the word ‘‘Spain,’’. cholera is known to exist. Section 94.10 Executive Order 12866. For this action, of the regulations, with certain the Office of Management and Budget § 94.10 [Amended] exceptions, prohibits the importation of has waived its review process required 3. In § 94.10, paragraph (a) is swine which originate in or are shipped by Executive Order 12866. amended by removing the word from or transit any country in which This action amends the regulations by ‘‘Spain,’’. hog cholera is known to exist. Sections removing Spain from the list of Done in Washington, DC, this 19th day of 94.9(a) and 94.10(a) of the regulations countries that are considered to be free May 1997. provide that hog cholera exists in all of hog cholera. We are taking this action Donald L. Luchsinger, countries of the world except for certain based on reports we have received from Acting Administrator, Animal and Plant countries listed in those sections. Spain’s Ministry of Agriculture, which Health Inspection Service. Prior to the effective date of this confirm that an outbreak of hog cholera [FR Doc. 97–13716 Filed 5–23–97; 8:45 am] interim rule, Spain was included in the has occurred in Spain. BILLING CODE 3410±34±P lists in §§ 94.9(a) and 94.10(a). On April This emergency situation makes 18, 1997, Spain’s Ministry of compliance with section 603 and timely Agriculture reported that an outbreak of compliance with section 604 of the FEDERAL RESERVE SYSTEM hog cholera had occurred in that Regulatory Flexibility Act (5 U.S.C. 601 country. After reviewing the reports et seq.) impracticable. If we determine 12 CFR Part 203 submitted by Spain’s Ministry of that this rule would have a significant Agriculture, the Animal and Plant economic impact on a substantial [Regulation C; Docket No. R±0951] Health Inspection Service (APHIS) has number of small entities, then we will Home Mortgage Disclosure determined it to be necessary to remove discuss the issues raised by section 604 Spain from the list of countries of the Regulatory Flexibility Act in our AGENCY: Board of Governors of the considered to be free of hog cholera. Final Regulatory Flexibility Analysis. Federal Reserve System. Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations 28621

ACTION: Final rule. The Board received about 30 comment commenters on this issue recommended letters. The comments came from that the Board use the November data, SUMMARY: The Board is publishing final community groups, financial suggesting that this could reduce burden revisions to Regulation C (Home institutions and their representatives, by providing certainty and Mortgage Disclosure). The revisions and financial services firms. Overall, the predictability of coverage for the initial implement the amendments to the commenters supported the proposed weeks of the reporting year. Other Home Mortgage Disclosure Act included amendments, although views were commenters recommended using the in the Economic Growth and Regulatory mixed on some issues. Based on a December data because of the potential Paperwork Reduction Act of 1996. The review of the comment letters and upon for a higher threshold. A few action makes final an interim rule further analysis, the Board has made commenters recommended that the adopted in January, which set the asset- some changes to the proposal, as Board publish an initial threshold based exemption threshold for depository discussed below. The revised exemption on the November data and revise it institutions at $28 million. The final for depository institutions is applicable upward, if appropriate, based on the rule also establishes an alternative way to all data collection in 1997. December data. for institutions to provide disclosure Compliance with the revised disclosure A related issue is whether the annual statements in metropolitan areas where provisions is optional until July 1, 1997, adjustments should be based on the they have branch offices, which they the effective date for mandatory CPIW data for December of the current may begin using immediately. In compliance. year as compared to the CPIW data for addition, the Board is extending its December of the previous year, or on the information collection authority under II. Revisions annual average of the CPIW for the the Paperwork Reduction Act for A. Increasing the Exemption Based on current year compared to the annual another three years, and making Asset Size average of the CPIW for the previous technical amendments to the transmittal year. Under the proposal, the annual sheet accompanying the loan/ The 1996 Act increased the asset-size adjustments to the asset-size exemption application register. exemption for depository institutions. threshold were to be based on Previously, depository institutions with DATES: Effective date. This rule is comparing the data for December with assets of $10 million or less were the data for the previous December. effective July 1, 1997. exempt from HMDA. The 1996 Act Applicability date. This rule applies Some commenters asserted that this adjusts the $10 million figure by the to all data collection in 1997. would produce undesirable volatility in change since 1975 in the Consumer Compliance date. Voluntary the annual adjustments, especially Price Index for Urban Wage Earners and compliance with the disclosure because the Board would not be using Clerical Workers (CPIW)—rounded to provisions in § 203.5 and paragraphs III. seasonally adjusted numbers. the nearest million—and provides for D., E., and F. of Appendix A to Part 203 Based on the comments and upon annual adjustments thereafter in can begin June 1, 1997. further analysis, the Board has decided accordance with CPIW changes. In to base the threshold change on the FOR FURTHER INFORMATION CONTACT: Jane January, the Board published an interim annual average of the CPIW data for the Jensen Gell, Senior Attorney, or Manley rule to implement the first threshold 12-month period ending in November. Williams, Staff Attorney, Division of change. This change reflects the change Because the 1996 Act provides that the Consumer and Community Affairs, in the CPIW (not seasonally adjusted) increase should be based on the ‘‘annual Board of Governors of the Federal from 1975 through 1996. On an annual percentage increase,’’ the Board believes Reserve System, at (202) 452–3667; for average basis, the ratio of the CPIW for that comparing the average of 12 months the hearing impaired only, Diane 1996 to the CPIW for 1975 was 2.848. of data with the average of the prior 12 Jenkins, Telecommunications Device for Thus, the new threshold, rounded to the months of data, would be more the Deaf, at (202) 452–3544. nearest million, is $28 million. appropriate than comparing the data for SUPPLEMENTARY INFORMATION: Depository institutions with assets of a single month with the data for that $28 million or less as of December 31, month in the prior year. The Board also I. Background 1996 are not required to collect HMDA believes that basing the threshold The Home Mortgage Disclosure Act of data in 1997. (62 FR 3603, Jan. 24, change on a 12-month period ending in 1975 (HMDA) (12 U.S.C. 2801 et seq.) 1997.) The Board is now publishing November rather than on a 12-month requires most mortgage lenders located final revisions to § 203.3(a)(1)(ii) of period ending in December would be in metropolitan statistical areas (MSAs) Regulation C and making conforming less burdensome. This will allow the to collect data about their housing- amendments to Appendix A—Form and Board to revise the regulation and related lending activity. Annually, Instructions for Completion of HMDA publish the new threshold in the lenders must file reports with their Loan/Application Register, and to Federal Register in December, for federal supervisory agencies and make Supplement I—Staff Commentary. compliance beginning January 1. disclosures available to the public. The Under the proposal, the annual Although in some cases this could result Board’s Regulation C (12 CFR Part 203) adjustments to the asset-size exemption in a lower threshold than if the Board carries out the provisions of HMDA. threshold were to be based on the used a 12-month average ending in Provisions of the Economic Growth and change in the CPIW data for the month December, a review of the CPIW data Regulatory Paperwork Reduction Act of of December as compared to the suggests that such instances would be 1996 (the 1996 Act) (Pub. L. 104–208, previous December, and published in rare. 110 Stat. 3009) amended HMDA to the Federal Register as soon as those expand the exemption for small data became available in January. The B. Alternative Disclosure Statement depository institutions and modify the proposal requested comment, however, Requirements disclosure requirements. on whether the Board should base the The 1996 Act amends section 304 of To implement the amendments to annual adjustments on the data for the HMDA (12 U.S.C. 2803) to provide that HMDA, in December 1996 the Board month of November instead, which an institution must make its disclosure published a proposal for public would allow the Board to announce the statement available at the institution’s comment. (61 FR 68168, Dec. 27, 1996.) new threshold by year-end. Many of the home office and either (1) in at least one 28622 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations branch office in each additional MSA Because the requirements for public mortgage lenders in metropolitan areas. where the institution has offices; or (2) disclosure of the disclosure statement Under the act, each respondent must provide notice that the disclosure differ from the requirements for the make its loan/application register statement is available from the home modified loan application register, the available to the public for three years; office upon written request, and mail or Board has also reorganized several and must provide for five years the deliver a copy within fifteen calendar paragraphs in Appendix A, Section III. disclosure statement that the Federal days of receiving a written request. Submission of HMDA–LAR and Public Financial Institutions Examination The proposal did not require Release of Data to clarify the Council prepares from the data institutions to receive requests at their requirements. A cross reference in submitted by the respondent. The data home office, but permitted them to Supplement I—Staff Commentary has provide the public and government specify the address where requests been revised accordingly. As part of this officials with information to enable should be sent, for more efficient reorganization, the Board has clarified them to determine whether mortgage distribution of the data. The proposal some requirements that may have been lenders are fulfilling the housing needs also did not require an institution to ambiguous. For example, the revised of the communities and neighborhoods post a notice identifying the address section makes clear that an institution in which they are located and to assist where a written request should be sent. need not prepare a modified loan public officials in their determination of A number of community group application register in advance of the distribution of public sector commenters expressed concern that receiving a request for it. investments. eliminating the requirement that the The amendments decrease the C. Revisions to the HMDA Loan/ disclosure be available at certain number of respondents and ease Application Register branches would result in the compliance with the public disclosure diminished availability of the HMDA The Board proposed to make three requirements of the regulation. The data in many cases, and a reduction in minor revisions to the HMDA loan/ amendments directly affect small timely access to the data in almost all application register, and has adopted businesses: many are no longer required cases. They believed that these the changes generally as proposed. First, to collect, report, or disclose the problems would be exacerbated if the Board deleted the requirement to list information. institutions did not post the address to the name and address of the Regulation C applies to all types of which requests for disclosures should respondent’s supervisory agency. financial institutions and other be sent. Because respondents must report the mortgage-lending institutions that meet The statute requires that institutions agency code, this additional the coverage tests. Under the Paperwork which opt for the alternative branch requirement was unnecessary. Second, Reduction Act, however, the Board disclosure approach must provide a to facilitate prompt communication, the accounts for the paperwork burden notice at branch offices stating that the Board added a blank for the associated with Regulation C only for information is available from the home respondent’s facsimile number. Third, state member banks, their subsidiaries, office upon request. This provision the Board added a notice required under could be read to require that requests go subsidiaries of bank holding companies, the Paperwork Reduction Act, but and other entities regulated by the to institutions’ home offices, but the shifted the location of that notice from Board does not believe that such a strict Federal Reserve. Any estimates of the transmittal form to the Paperwork paperwork burden for other respondents interpretation is necessary. The intent of Reduction Act Notice section of the the provision is to reduce burden while are provided by the federal agency or Instructions for Completion of the agencies that supervise them. preserving the public availability of the HMDA Loan/Application Register. data. The Board believes that if an The Board estimates that the effect of institution chooses to specify a service III. Regulatory Flexibility Analysis the amendments on the burden per response is negligible. The estimated center or a central location for requests In accordance with section 3(a) of the relating to all banks in a multibank burden per response varies from 10 to Regulatory Flexibility Act (5 U.S.C. 10,000 hours, depending on individual holding company, for example, that is 604), the Board’s Office of the Secretary permissible. After consideration of the circumstances, with estimated averages has reviewed the amendments to of 202 hours for state member banks and comments and upon further analysis, Regulation C. Overall, the amendments however, the Board has determined that 160 hours for mortgage banking reduce the burden on small entities. The subsidiaries. to preserve the public availability of the regulatory revisions implement the 1996 data, it is reasonable and appropriate to It is estimated that of the 565 state Act which, in part, increases the member banks that were covered in require banks to post the address to exemption threshold for depository which a request should be sent. 1996 because their assets exceeded the institutions. The 1996 Act also creates Accordingly, the final rule permits $10 million threshold, 39 will be an alternative means for making branch institutions that elect to provide the exempt as a result of the higher disclosures available. The Board information upon request instead of at threshold. The 93 mortgage banking certifies that the regulatory revisions one branch per MSA, to select the subsidiaries reporting HMDA data to the will not have an adverse effect on a address to which requests should be Federal Reserve remain covered. The substantial number of small entities. sent, but requires them to post that total amount of annual burden is address in each branch office in an IV. Paperwork Reduction Act estimated to decrease from 129,168 MSA. The Board believes that this hours to 121,368 because of these A. Paperwork Burden approach will best satisfy the exemptions. The Board estimates that amendment’s goals of reducing The revisions to the information there would be no capital or start-up compliance burden while preserving the collection requirements are found in 12 cost associated with these amendments, prompt public availability of the data. CFR 203.3, 203.5, and Appendix A to and that there is no annual cost burden The Board has revised § 203.5 and Part 203 and implement the data beyond the estimated burden hours. Appendix A—Form and Instructions for collection and reporting requirements The Board did not receive any Completion of HMDA Loan/Application established by the Home Mortgage comments specifically addressing the Register accordingly. Disclosure Act. The respondents are burden estimate. Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations 28623

B. OMB Control Number PART 203ÐHOME MORTGAGE statement need only contain data DISCLOSURE (REGULATION C) relating to the MSA for which the Under the Paperwork Reduction Act, request is made). Including the address an agency may not conduct or sponsor, 1. The authority citation for part 203 in the general notice required under and an organization is not required to continues to read as follows: paragraph (e) of this section satisfies respond to, a collection of information Authority: 12 U.S.C. 2801–2810. this requirement. unless it displays a currently valid OMB 2. Section 203.3 is amended by (c) Public disclosure of loan control number. The Federal Reserve’s application register. * * * The OMB control number applicable to the revising paragraph (a)(1)(ii) to read as follows: modified register need only contain data HMDA–LAR data collection is 7100– relating to the MSA for which the 0247. § 203.3 Exempt institutions. request is made. C. Confidentiality (a) Exemption based on location, asset * * * * * size, or number of home purchase loans. (e) Notice of availability. A financial The Board has previously determined (1) * * * institution shall post a general notice that the HMDA loan/application register (ii) The institution’s total assets were about the availability of its HMDA data is required by law (12 U.S.C. 2801– at or below the asset threshold in the lobby of its home office and of 2810; 12 CFR Part 203) and completion established by the Board. For data each branch office located in an MSA. of the register, submission to the collection in 1997, the asset threshold is It shall promptly upon request provide appropriate federal supervisory agency, $28 million as of December 31, 1996. the location of the institution’s offices and disclosure to the public on request For subsequent years, the Board will where the statement is available for are mandatory. The data, as modified adjust the threshold based on the year- inspection and copying, or it may according to Appendix A of the to-year change in the average of the include the location in the notice. regulation (paragraph III.E.), are made Consumer Price Index for Urban Wage 4. In Appendix A to Part 203 under publicly available and are not Earners and Clerical Workers, not the heading Paperwork Reduction Act considered confidential. Information seasonally adjusted, for each twelve- Notice, the undesignated paragraph is that might identify individual borrowers month period ending in November, with revised to read as follows: or applicants is given confidential rounding to the nearest million. The Board will publish any adjustment in Appendix A to Part 203—Form and treatment under exemption 6 of the Instructions for Completion of HMDA Loan/ Freedom of Information Act (5 U.S.C. the asset figure in December. Application Register 552(b)(6)). * * * * * 3. Section 203.5 is amended as Paperwork Reduction Act Notice D. Extension of Authority follows: Public reporting burden for collection of this information is estimated to vary from 10 In accordance with the Paperwork a. Paragraph (b) is revised; b. Under paragraph (c), the last to 10,000 hours per response, with an average Reduction Act of 1995 (44 U.S.C. 3506; of 202 hours per response for state member 5 CFR 1320 Appendix A.1), the Board sentence is revised; and banks and 160 hours per response for has reviewed Regulation C under the c. Paragraph (e) is revised. mortgage banking subsidiaries, including The revisions and additions read as authority delegated to the Board by the time to gather and maintain the data needed follows: Office of Management and Budget. The and to review instructions and complete the information collection. This report is Board is extending the authority to § 203.5 Disclosure and reporting. required by law (12 U.S.C. 2801–2810 and 12 collect the HMDA loan/application * * * * * CFR part 203). An agency may not conduct register for three years through May 31, (b) Public disclosure of statement. (1) or sponsor, and an organization is not 2000. A financial institution shall make its required to respond to, a collection of information unless it displays a currently E. Request for Comments mortgage loan disclosure statement (to be prepared by the Federal Financial valid OMB Control Number. The OMB Control number for this information The Board has a continuing interest in Institutions Examination Council) collection is 7100–0247. Send comments the public’s opinions of Federal Reserve available to the public at its home office regarding this burden estimate or any other collections of information. Comments no later than three business days after aspect of this collection of information, regarding the burden estimate, or any receiving it from the Examination including suggestions for reducing the other aspect of this collection of Council. burden, to Secretary, Board of Governors of information, including suggestions for (2) In addition, a financial institution the Federal Reserve System, Washington, reducing the burden, may be sent at any shall either: D.C. 20551; and to the Office of Information time to: Secretary, Board of Governors of (i) Make its disclosure statement and Regulatory Affairs, Office of Management and Budget, Washington, D.C. 20503. the Federal Reserve System, 20th and C available to the public (within ten Streets, N.W., Washington, DC 20551; business days of receiving it) in at least * * * * * and to the Office of Management and one branch office in each additional 5. Paragraph I of Appendix A to Part Budget, Paperwork Reduction Project MSA where the institution has offices 203 is amended as follows: (7100–0247), Washington, DC 20503. (the disclosure statement need only a. Paragraph A. is amended by contain data relating to the MSA where redesignating the introductory text, List of Subjects in 12 CFR Part 203 the branch is located); or paragraph 1., and paragraph 2., as (ii) Post the address for sending paragraph 1., paragraph 1.a., and Banks, banking, Consumer protection, paragraph 1.b., respectively; Federal Reserve System, Mortgages, written requests for the disclosure b. Newly designated paragraph 1.a. is Reporting and recordkeeping statement in the lobby of each branch office in an MSA where the institution revised; requirements. has offices, and mail or deliver a copy c. A new paragraph 2. is added; and For the reasons set forth in the of the disclosure statement, within d. The undesignated paragraph preamble, the Board amends 12 CFR fifteen calendar days of receiving a EXAMPLE, is designated as paragraph 3. part 203 as follows: written request (the disclosure and revised. 28624 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations

The addition and revisions read as III. Submission of HMDA–LAR and Public Although you are not required to make the follows: Release of Data modified loan application register available * * * * * * * * * * in census-tract order, you are strongly D. Availability of disclosure statement. 1. encouraged to do so in order to enhance its I. Who Must File a Report The Federal Financial Institutions utility to users. A. Depository Institutions Examination Council (FFIEC) will prepare a 3. You must make your modified register disclosure statement from the data you 1. * * * available following the calendar year for submit. Your disclosure statement will be which the data are complied, by March 31 for a. Had assets of more than the asset returned to the name and address indicated threshold for coverage as published by the a request received on or before March 1, and on the transmittal sheet. Within three Board each year in December, and business days of receiving the disclosure within 30 days for a request received after b. * * * statement, you must make a copy available at March 1. You are not required to prepare a 2. For data collection in 1997, the asset your home office for inspection by the modified loan application register in advance threshold is $28 million in total assets as of public. For these purposes a business day is of receiving a request from the public for this December 31, 1996. any calendar day other than a Saturday, information, but must be able to respond to 3. Example. If on December 31 you had a Sunday, or legal public holiday. You also home or branch office in an MSA and your a request within 30 days. A modified register must either: assets exceeded the asset threshold, you must need only reflect data relating to the MSA for a. Make your disclosure statement complete a register that lists the home- which the request is made. purchase and home-improvement loans that available to the public, within ten business F. Posters. you originate or purchase (and also lists days of receiving it from the FFIEC, in at least 1. Suggested language. *** one branch office in each additional MSA applications that did not result in an 2. Additional language for institutions origination) beginning January 1. where you have offices (the disclosure statement need only contain data relating to making the disclosure statement available * * * * * properties in the MSA where the branch upon request. For an institution that makes 6. Paragraph III. of Appendix A to Part office is located); or its disclosure statement available upon 203 is amended as follows: b. Post in the lobby of each branch office request instead of at branch offices must post a. Paragraph D. is revised; in an MSA the address where a written a notice informing the public of the address b. Under paragraph E., paragraph 2. is request for the disclosure statement may be to which a request should be sent. For revised and a new paragraph 3. is sent, and mail or deliver a copy of the example, the institution could include the added; statement to any person requesting it, within following sentence in its general notice: ‘‘To c. Paragraph F. is removed; and fifteen calendar days of receiving a written receive a copy of these data send a written d. Paragraph G. is redesignated as request. The disclosure statement need only request to [address].’’ contain data relating to the MSA for which paragraph F., and in newly redesignated * * * * * paragraph F, the first paragraph the request is made. following the heading is designated as 2. You may make the disclosure statement 7. In Appendix A to part 203, the available in paper form or, if the person paragraph 1. and a new heading is LOAN/APPLICATION REGISTER requesting the data agrees, in automated form Transmittal Sheet is revised to read as added to the newly designated (such as by PC diskette or computer tape). paragraph 1., and paragraph 2. is added E. Availability of modified loan application follows: after the Home Mortgage Disclosure Act register. * * * * * Notice. * * * * * BILLING CODE 6210±01±P The revisions and additions read as 2. You may make the modified register follows: available in paper or automated form (such * * * * * as by PC diskette or computer tape). Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations 28625

BILLING CODE 6210±01±C 28626 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations

* * * * * fan blade part span shrouds, a one time 01803–5299; telephone (617) 238–7147, 8. Supplement I to Part 203 is ultrasonic inspection (UI) of the fan fax (617) 238–7199. amended as follows: blade root attachment area for cracks, SUPPLEMENTARY INFORMATION: The a. Under Section 203.3—Exempt and a one time fan blade root Federal Aviation Administration (FAA) Institutions, under 3(a) Exemption attachment front corner radii inspection received a report of a high level of N1 based on location, asset size, or number for proper dimension. Also, this AD rotor imbalance on a Pratt & Whitney of home-purchase loans, the second requires visual inspection of the fan (PW) PW4164/PW4168 series turbofan sentence of Paragraph 1. General is blades and removal of fan blades engine during a fan blade out test. The revised; and damaged by a bird strike as well as high N1 rotor imbalance resulted from b. Under Section 203.5—Disclosure removal of blades immediately adjacent the loss of several fan blades after fan and Reporting, under 5(e) Notice of to damaged blades. In addition, this AD blade, Part Number (P/N) 55A221, was availability, the parenthetical at the end requires installation of an improved fan intentionally released for test purposes. of Paragraph 1. Poster—suggested text is blade assembly as terminating action to This high imbalance of the N1 rotor also revised. the inspection requirements of this AD. caused liberation of the fan blade The revisions read as follows: This amendment is prompted by a containment system and loss of Supplement I to Part 203—Staff report of a high N1 rotor imbalance and structural support to the engine inlet Commentary liberation of the fan containment system cowl. In revenue service, failure of the causing loss of structural support of the * * * * * fan blade near the root attachment could engine inlet cowl, following loss of a fan be caused by metal fatigue. This Section 203.3—Exempt Institutions blade during a test. The actions condition, if not corrected, could result 3(a) Exemption based on location, asset specified in this AD are intended to in fan blade failure and separation at the size, or number of home-purchase loans. prevent fan blade failure and separation root section, which could result in high 1. General. * * * For example, a bank at the root section, which could result N1 rotor imbalance, and liberation of whose assets are at or below the threshold on in high N1 rotor imbalance, and the fan containment system, which can December 31 of a given year reports data for liberation of the fan containment hazard the aircraft. that full calendar year, in which it was system, which can hazard the aircraft. covered, but does not report data for the The FAA has reviewed and approved succeeding calendar year. * ** DATES: Effective June 11, 1997. the technical contents of PW Service * * * * * The incorporation by reference of Bulletin (SB) No. PW4G–100–72–69, certain publications listed in the dated August 6, 1996, that describes Section 203.5—Disclosure and Reporting regulations is approved by the Director procedures for visual inspections of fan 5(e) Notice of availability. of the Federal Register as of June 11, blades for cracks and surface damage, 1. Poster—suggested text. * * * (Appendix 1997. and lubrication of fan blade shrouds; A of this part, paragraph III.F.) Comments for inclusion in the Rules PW SB No. PW4G–100–72–81, dated * * * * * Docket must be received on or before December 18, 1996, that describes By order of the Board of Governors of the July 28, 1997. procedures for ultrasonic inspection Federal Reserve System, May 19, 1997. (UI) of the fan blade root attachment William W. Wiles, ADDRESSES: Submit comments in area for cracks and fan blade root Secretary of the Board. triplicate to the Federal Aviation attachment front corner radii for proper Administration (FAA), New England [FR Doc. 97–13593 Filed 5–23–97; 8:45 am] dimension; and PW SB No. PW4G–100– Region, Office of the Assistant Chief BILLING CODE 6210±01±P 72–92, dated April 24, 1997, that Counsel, Attention: Rules Docket No. provides a new or a modified fan blade 97–ANE–10, 12 New England Executive assembly design. Park, Burlington, MA 01803–5299. DEPARTMENT OF TRANSPORTATION Since an unsafe condition has been Comments may also be sent via the identified that is likely to exist or Federal Aviation Administration Internet using the following address: ‘‘9- develop on other engines of the same [email protected]’’. Comments type design, this AD is being issued to 14 CFR Part 39 sent via the Internet must contain the prevent fan blade failure and separation docket number in the subject line. at the root section. This AD requires [Docket No. 97±ANE±10; Amendment 39± The service information referenced in 10035; AD 97±11±06] initial and repetitive visual inspections this AD may be obtained from Pratt & of the fan blades for surface damage and RIN 2120±AA64 Whitney, 400 Main St., East Hartford, cracks, initial and repetitive lubrication CT 06108; telephone (860) 565–6600, Airworthiness Directives; Pratt & of the fan blade shrouds, a one-time UI fax (860) 565–4503; or Airbus Industrie, of the fan blade root attachment area for Whitney PW4164 and PW4168 Series Customer Services Directorate, Turbofan Engines cracks, and a one-time fan blade root Technical Documentation Services, attachment front corner radii inspection AGENCY: Federal Aviation 31707 Blagnac Cedex, France. This for proper dimension. Fan blades that Administration, DOT. information may be examined at the do not meet the return to service criteria FAA, New England Region, Office of the ACTION: specified in the applicable SBs must be Final rule; request for Assistant Chief Counsel, 12 New comments. replaced with serviceable parts. Also, England Executive Park, Burlington, this AD would require visual inspection SUMMARY: This amendment adopts a MA; or at the Office of the Federal of the fan blades and removal of new airworthiness directive (AD) that is Register, 800 North Capitol Street, NW., damaged blades as well as removal of applicable to certain Pratt & Whitney suite 700, Washington, DC. blades immediately adjacent to damaged PW4164 and PW4168 series turbofan FOR FURTHER INFORMATION CONTACT: blades following a bird strike. engines. This action requires initial and Chris Gavriel, Aerospace Engineer, Additionally, this AD would require repetitive visual inspections of the fan Engine Certification Office, FAA, Engine incorporation of a new or modified fan blades for surface damage and cracks, and Propeller Directorate, 12 New blade assembly prior to December 31, initial and repetitive lubrication of the England Executive Park, Burlington, MA 1998. The actions are required to be Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations 28627 accomplished in accordance with the that must be issued immediately to (a) Perform visual inspections of fan SBs described previously. correct an unsafe condition in aircraft, blades, Part Number (P/N) 55A221, for Since a situation exists that requires and is not a ‘‘significant regulatory surface damage and cracks, and lubricate the the immediate adoption of this action’’ under Executive Order 12866. It fan blade shrouds, in accordance with the regulation, it is found that notice and has been determined further that this Accomplishment Instructions of PW SB No. opportunity for prior public comment action involves an emergency regulation PW4G–100–72–69, dated August 6, 1996, as hereon are impracticable, and that good under DOT Regulatory Policies and follows: (1) At the next ‘‘A’’ check inspection, not cause exists for making this amendment Procedures (44 FR 11034, February 26, effective in less than 30 days. to exceed 500 hours time in service (TIS) 1979). If it is determined that this after the effective date of this AD, whichever Comments Invited emergency regulation otherwise would occurs first, perform the initial inspection of be significant under DOT Regulatory Although this action is in the form of the fan blades and lubricate the fan blade Policies and Procedures, a final a final rule that involves requirements shrouds. regulatory evaluation will be prepared affecting flight safety and, thus, was not (2) Thereafter, at each ‘‘A’’ check and placed in the Rules Docket. A copy preceded by notice and an opportunity inspection, but not to exceed 500 hours TIS of it, if filed, may be obtained from the since last inspection and lubrication, for public comment, comments are Rules Docket at the location provided whichever occurs first, inspect the fan blades invited on this rule. Interested persons under the caption ADDRESSES. and lubricate the fan blade shrouds. are invited to comment on this rule by (3) Prior to further flight, remove from submitting such written data, views, or List of Subjects in 14 CFR Part 39 service fan blades that do not meet the return arguments as they may desire. Air transportation, Aircraft, Aviation to service criteria stated in the SB, and Communications should identify the safety, Incorporation by reference, replace with serviceable parts. Rules Docket number and be submitted Safety. (b) Perform an ultrasonic inspection (UI) of in triplicate to the address specified the fan blade root attachment area of fan under the caption ADDRESSES. All Adoption of the Amendment blades, P/N 55A221, for cracks and perform communications received on or before Accordingly, pursuant to the a radius dimension inspection in accordance the closing date for comments will be authority delegated to me by the with Attachments 1 and 2 of PW SB No. considered, and this rule may be Administrator, the Federal Aviation PW4G–100–72–81, dated December 18, 1996, amended in light of the comments Administration amends part 39 of the as follows: received. Factual information that Federal Aviation Regulations (14 CFR (1) Prior to accumulating 2,500 total part supports the commenter’s ideas and part 39) as follows: cycles (TPC), or within 250 part cycles after suggestions is extremely helpful in the effective date of this AD, whichever occurs later. evaluating the effectiveness of the AD PART 39ÐAIRWORTHINESS DIRECTIVES (2) Prior to further flight, remove from action and determining whether service fan blades that do not meet the return additional rulemaking action would be 1. The authority citation for part 39 to service criteria stated in the SB, and needed. continues to read as follows: replace with serviceable parts. Comments are specifically invited on Authority: 49 U.S.C. 106(g), 40113, 44701. (c) Following a bird strike, prior to further the overall regulatory, economic, flight remove from service undamaged fan environmental, and energy aspects of §39.13 [Amended] blades immediately adjacent on both sides to the rule that might suggest a need to 2. Section 39.13 is amended by any fan blades exhibiting bird ingestion modify the rule. All comments adding the following new airworthiness damage in addition to the damaged fan submitted will be available, both before directive: blades, in accordance with Airbus A330 and after the closing date for comments, Aircraft Maintenance Manual, Section 72– in the Rules Docket for examination by 97–11–06 Pratt & Whitney: Amendment 39– 00–00, Subtask 72–00–00–210–093, 10035. Docket 97–ANE–10. interested persons. A report that Paragraph (A)(1), dated October 1, 1996, and Applicability: Pratt & Whitney (PW) replace with serviceable parts. summarizes each FAA-public contact PW4164 and PW4168 series turbofan concerned with the substance of this AD (d) Install a new or a modified fan blade engines, installed on but not limited to assembly, in accordance with the will be filed in the Rules Docket. Airbus Industrie A330 series aircraft. requirements of PW SB No. PW4G–100–72– Commenters wishing the FAA to Note 1: This airworthiness directive (AD) acknowledge receipt of their comments 92, dated April 24, 1997, prior to December applies to each engine identified in the 31, 1998. Installation of a new of modified submitted in response to this notice preceding applicability provision, regardless fan blade assembly, in accordance with PW must submit a self-addressed, stamped of whether it has been modified, altered, or SB No. PW4G–100–72–92, dated April 24, postcard on which the following repaired in the area subject to the 1997, constitutes terminating action to the statement is made: ‘‘Comments to requirements of this AD. For engines that have been modified, altered, or repaired so inspection requirements of paragraphs (a), Docket Number 97–ANE–10.’’ The (b), and (c) of this AD. postcard will be date stamped and that the performance of the requirements of this AD is affected, the owner/operator must (e) An alternative method of compliance or returned to the commenter. request approval for an alternative method of adjustment of the compliance time that The regulations adopted herein will compliance in accordance with paragraph (e) provides an acceptable level of safety may be not have substantial direct effects on the of this AD. The request should include an used if approved by the Manager, Engine States, on the relationship between the assessment of the effect of the modification, Certification Office. Operators shall submit national government and the States, or alteration, or repair on the unsafe condition their requests through an appropriate FAA on the distribution of power and addressed by this AD; and, if the unsafe Principal Maintenance Inspector, who may responsibilities among the various condition has not been eliminated, the add comments and then send it to the levels of government. Therefore, in request should include specific proposed Manager, Engine Certification Office. actions to address it. accordance with Executive Order 12612, Note 2: Information concerning the Compliance: Required as indicated, unless it is determined that this final rule does existence of approved alternative methods of accomplished previously. not have sufficient federalism To prevent fan blade failure and separation compliance with this airworthiness directive, implications to warrant the preparation at the root section, which could result in high if any, may be obtained from the Engine of a Federalism Assessment. N1 rotor imbalance, and liberation of the fan Certification Office. The FAA has determined that this containment system, which can hazard the (f) Special flight permits may be issued in regulation is an emergency regulation aircraft, accomplish the following: accordance with §§ 21.197 and 21.199 of the 28628 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations

Federal Aviation Regulations (14 CFR 21.197 Health under the Safe Medical Devices § 5.10 Delegations from the Secretary, the and 21.199) to operate the aircraft to a Act of 1990 (the SMDA), as amended. Assistant Secretary for Health, and Public location where the requirements of this AD The delegation excludes the authority to Health Service Officials. can be accomplished. submit reports to Congress. (a) * * * (g) The actions required by this AD shall EFFECTIVE DATE: May 27, 1997. (38) Functions vested in the Secretary be done in accordance with the following PW under the Safe Medical Devices Act of SBs: FOR FURTHER INFORMATION CONTACT: 1990 (Pub. L. 101–629), as amended. Loretta W. Davis, Division of Document No. Pages Date The delegation excludes the authority to Management Systems and Policy (HFA– submit reports to Congress. 340), Food and Drug Administration, PW4G±100±72± 1±10 Aug. 6, 1996. * * * * * 69. 5600 Fishers Lane, Rockville, MD 20857, 301–827–4809. Dated: May 15, 1997. Total pages: 10. SUPPLEMENTARY INFORMATION: On William K. Hubbard, PW4G±100±72± 1±8 Dec. 18, 1996. February 10, 1994, the Secretary of Associate Commissioner for Policy 81. Health and Human Services delegated to Coordination. NDIP±883 ...... 1±27 Dec. 11, 1996. the Assistant Secretary for Health all of [FR Doc. 97–13826 Filed 5–23–97; 8:45 am] NDIP±893 ...... 1±9 Dec. 11, 1996. the authorities vested in the Secretary BILLING CODE 4160±01±F Total pages: under the SMDA (Pub. L. 101–629), as 44. amended, including any section not PW4G±100±72± 1±24 Apr. 24, 1997. amending the Food, Drug, and Cosmetic DEPARTMENT OF HEALTH AND 92. Act. On February 23, 1994, the Assistant HUMAN SERVICES Total pages: 24. Secretary for Health delegated to the Commissioner all the authorities Food and Drug Administration This incorporation by reference was delegated to the Assistant Secretary for 21 CFR Part 520 approved by the Director of the Federal Health under the SMDA, as amended. Register in accordance with 5 U.S.C. 552(a) FDA is amending 21 CFR 5.10 by Oral Dosage Form New Animal Drugs; and 1 CFR part 51. Copies may be obtained adding a new paragraph (a)(38) to reflect Milbemycin Oxime/Lufenuron Tablets from Pratt & Whitney, 400 Main St., East the new authority. Hartford, CT 06108; telephone (860) 565– Further redelegation of the authority AGENCY: Food and Drug Administration, 6600, fax (860) 565–4503. Copies may be delegated may only be authorized with HHS. inspected at the FAA, New England Region, the Commissioner’s approval. Authority Office of the Assistant Chief Counsel, 12 New ACTION: Final rule. England Executive Park, Burlington, MA; or delegated to a position by title may be at the Office of the Federal Register, 800 exercised by a person officially SUMMARY: The Food and Drug North Capitol Street, NW., suite 700, designated to serve in such position in Administration (FDA) is amending the Washington, DC. an acting capacity or on a temporary animal drug regulations to reflect (h) This amendment becomes effective on basis. approval of a new animal drug June 11, 1997. List of Subjects in 21 CFR Part 5 application (NADA) filed by Novartis Issued in Burlington, Massachusetts, on Animal Health US, Inc. The NADA May 15, 1997. Authority delegations (Government provides for use of milbemycin oxime/ Jay J. Pardee, agencies), Imports, Organization and lufenuron tablets for prevention of Manager, Engine and Propeller Directorate, functions (Government agencies). heartworm disease caused by Dirofilaria Aircraft Certification Service. Therefore, under the Federal Food, immitis, control of adult Ancylostoma [FR Doc. 97–13464 Filed 5–22–97; 9:57 am] Drug, and Cosmetic Act and the Public caninum, the removal and control of BILLING CODE 4910±13±U Health Service Act and under authority adult Toxocara canis, Toxascaris delegated to the Commissioner of Food leonina, and Trichuris vulpis infections, and Drugs, 21 CFR part 5 is amended as and the prevention and control of flea follows: DEPARTMENT OF HEALTH AND populations in dogs. HUMAN SERVICES PART 5ÐDELEGATIONS OF EFFECTIVE DATE: May 27, 1997. AUTHORITY AND ORGANIZATION FOR FURTHER INFORMATION CONTACT: Food and Drug Administration Marcia K. Larkins, Center for Veterinary 1. The authority citation for 21 CFR Medicine (HFV–112), Food and Drug 21 CFR Part 5 part 5 continues to read as follows: Administration, 7500 Standish Pl., Delegations of Authority and Authority: 5 U.S.C. 504, 552, App. 2; 7 Rockville, MD 20855, 301–594–0614. Organization; Office of the U.S.C. 138a, 2271; 15 U.S.C. 638, 1261–1282, SUPPLEMENTARY INFORMATION: Novartis Commissioner 3701–3711a; secs. 2–12 of the Fair Packaging Animal Health US, Inc., P.O. Box 18300, and Labeling Act (15 U.S.C. 1451–1461); 21 Greensboro, NC 27419–8300, filed U.S.C. 41–50, 61–63, 141–149, 467f, 679(b), AGENCY: Food and Drug Administration, NADA 141–084, which provides for oral 801–886, 1031–1309; secs. 201–903 of the TM HHS. Federal Food, Drug and Cosmetic Act (21 administration of SENTINEL ACTION: Final rule. U.S.C. 321–394); 35 U.S.C. 156; secs. 301, (milbemycin oxime/lufenuron) tablets 302, 303, 307, 310, 311, 351, 352, 361, 362, containing 2.3 milligrams (mg) SUMMARY: The Food and Drug 1701–1706, 2101 of the Public Health Service milbemycin oxime/46 mg lufenuron, Administration (FDA) is amending the Act (42 U.S.C. 241, 242, 242a, 242l, 242n, 5.75 mg/115 mg, 11.5 mg/230 mg, or 23 regulations for delegations of authority 243, 262, 263, 264, 265, 300u–300u–5, mg/460 mg per tablet. SENTINELTM by adding a new authority from the 300aa–1); 42 U.S.C. 1395y, 3246b, 4332, tablets are administered once a month to Assistant Secretary for Health to the 4831(a), 10007–10008; E.O. 11490, 11921, dogs, 4 weeks of age and older and 2 Commissioner of Food and Drugs (the and 12591. pounds body weight or greater, for the Commissioner) for all the authorities 2. Section 5.10 is amended by adding prevention of heartworm disease caused delegated to the Assistant Secretary for new paragraph (a)(38) to read as follows: by D. immitis, for the prevention and Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations 28629 control of flea populations, the control milligrams, and 23 milligrams/460 ANADA 200–221, which provides for of adult A. caninum (hookworm), and milligrams. the use of trenbolone acetate and the removal and control of adult T. (b) Sponsor. See No. 058198 in estradiol implants for increased rate of canis and T. leonina (roundworm), and § 510.600(c) of this chapter. weight gain and improved feed T. vulpis (whipworm) infections. The (c) Conditions of use—(1) Amount. 0.5 efficiency in feedlot steers. NADA is approved as of April 10, 1997, milligrams of milbemycin and 10 The ANADA is approved as a generic and the regulations are amended in part milligrams of lufenuron per kilogram of copy of Roussel UCLAF’s Revalor S, 520 (21 CFR part 520) by adding new body weight. NADA 140–897. ANADA 200–221 is § 520.1446 to reflect the approval. The (2) Indications for use. For use in approved as of March 20, 1997, and the basis for approval is discussed in the dogs, 4 weeks of age and older and 2 regulations are amended in 21 CFR freedom of information summary. pounds body weight or greater, for the 522.2477 to reflect the approval. The In accordance with the freedom of prevention of heartworm disease caused basis for approval is discussed in the information provisions of 21 CFR part by Dirofilaria immitis, for the freedom of information summary. 20 and 514.11(e)(2)(ii), a summary of prevention and control of flea In accordance with the freedom of safety and effectiveness data and populations, the control of adult information provisions of 21 CFR part information submitted to support Ancylostoma caninum (hookworm), and 20 and 514.11(e)(2)(ii), a summary of approval of this application may be seen the removal and control of adult safety and effectiveness data and in the Dockets Management Branch Toxocara canis, Toxascaris leonina information submitted to support (HFA–305), Food and Drug (roundworm), and Trichuris vulpis approval of this application may be seen Administration, 12420 Parklawn Dr., (whipworm) infections. in the Dockets Management Branch rm. 1–23, Rockville, MD 20857, between (3) Limitations. Administer tablet(s) (HFA–305), Food and Drug 9 a.m. and 4 p.m., Monday through once a month, preferably on same date Administration, 12420 Parklawn Dr., Friday. each time. All dogs in a household rm. 1–23, Rockville, MD 20857, between Under section 512(c)(2)(F)(ii) of the should be treated to achieve maximum 9 a.m. and 4 p.m., Monday through Federal Food, Drug, and Cosmetic Act efficacy. Federal law restricts this drug Friday. (21 U.S.C. 360b(c)(2)(F)(ii)), this to use by or on the order of a licensed The agency has determined under 21 approval qualifies for a 3-year period of veterinarian. CFR 25.24(d)(1)(i) that this action is of a type that does not individually or exclusivity beginning April 10, 1997, Dated: May 6, 1997. because the application contains cumulatively have a significant effect on Stephen F. Sundlof, substantial evidence of the effectiveness the human environment. Therefore, of the drugs involved, and studies of Director, Center for Veterinary Medicine. neither an environmental assessment animal safety, required for approval of [FR Doc. 97–13823 Filed 5–23–97; 8:45 am] nor an environmental impact statement the application and conducted or BILLING CODE 4160±01±F is required. sponsored by the applicant. List of Subjects in 21 CFR Part 522 The agency has determined under 21 CFR 25.24(d)(1)(ii) that this action is of DEPARTMENT OF HEALTH AND Animal drugs. a type that does not individually or HUMAN SERVICES Therefore, under the Federal Food, Drug, and Cosmetic Act and under cumulatively have a significant effect on Food and Drug Administration the human environment. Therefore, authority delegated to the Commissioner of Food and Drugs and redelegated to neither an environmental assessment 21 CFR Part 522 nor an environmental impact statement the Center for Veterinary Medicine, 21 is required. Implantation or Injectable Dosage CFR part 522 is amended as follows: Form New Animal Drugs; Trenbolone List of Subjects in 21 CFR Part 520 PART 522ÐIMPLANTATION OR Acetate and Estradiol Animal drugs. INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS Therefore, under the Federal Food, AGENCY: Food and Drug Administration, Drug, and Cosmetic Act and under HHS. 1. The authority citation for 21 CFR authority delegated to the Commissioner ACTION: Final rule. part 522 continues to read as follows: of Food and Drugs and redelegated to Authority: Sec. 512 of the Federal Food, the Center for Veterinary Medicine, 21 SUMMARY: The Food and Drug Drug, and Cosmetic Act (21 U.S.C. 360b). CFR part 520 is amended as follows: Administration (FDA) is amending the animal drug regulations to reflect 2. Section 522.2477 is amended by PART 520ÐORAL DOSAGE FORM approval of an abbreviated new animal revising paragraph (a) to read as follows: NEW ANIMAL DRUGS drug application (ANADA) filed by Ivy Laboratories, Inc. The ANADA provides § 522.2477 Trenbolone acetate and 1. The authority citation for 21 CFR estradiol. part 520 continues to read as follows: for the use of trenbolone acetate and estradiol implants for increased rate of (a) Sponsor. See No. 012579 in Authority: Sec. 512 of the Federal Food, weight gain and improved feed § 510.600(c) of this chapter for use as in Drug, and Cosmetic Act (21 U.S.C. 360b). efficiency in feedlot steers. paragraphs (c)(1), (c)(2), and (c)(3) of this section. See No. 021641 in 2. New § 520.1446 is added to read as EFFECTIVE DATE: May 27, 1997. follows: § 510.600(c) of this chapter for use as in FOR FURTHER INFORMATION CONTACT: Jack paragraph (c)(1) of this section. Caldwell, Center for Veterinary * * * * * § 520.1446 Milbemcyin oxime/lufenuron Medicine (HFV–126), Food and Drug tablets. Administration, 7500 Standish Pl., Dated: May 6, 1997. (a) Specifications. Tablets containing: Rockville, MD 20855, 301–827–0217. Stephen F. Sundlof, 2.3 milligrams milbemycin oxime/46 SUPPLEMENTARY INFORMATION: Ivy Director, Center for Veterinary Medicine. milligrams lufenuron, 5.75 milligrams/ Laboratories, Inc., 8857 Bond St., [FR Doc. 97–13820 Filed 5–23–97; 8:45 am] 115 milligrams, 11.5 milligrams/230 Overland Park, KS 66214, has filed BILLING CODE 4160±01±F 28630 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations

DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND PART 558ÐNEW ANIMAL DRUGS FOR HUMAN SERVICES HUMAN SERVICES USE IN ANIMAL FEEDS Food and Drug Administration Food and Drug Administration 1. The authority citation for 21 CFR part 558 continues to read as follows: 21 CFR Part 522 21 CFR Part 558 Authority: Secs. 512, 701 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Animal Drugs, Feeds, and Related New Animal Drugs for Use in Animal 360b, 371). Products; Change of Sponsor Feeds; Lasalocid § 558.311 [Amended] AGENCY: Food and Drug Administration, AGENCY: Food and Drug Administration, 2. Section 558.311 Lasalocid is HHS. HHS. amended in the table in paragraph ACTION: Final rule. ACTION: Final rule. (e)(3)(i), in the entry for ‘‘Condensed Molasses Fermentation Solubles’’, in the SUMMARY: SUMMARY: The Food and Drug The Food and Drug third column by removing ‘‘5–25–399’’ Administration (FDA) is amending the Administration (FDA) is amending the and adding in its place ‘‘N/A’’. animal drug regulations to reflect a animal drug regulations to reflect change of sponsor for a new animal drug approval of a supplemental new animal Dated: May 7, 1997. application (NADA) from Schering- drug application (NADA) filed by Robert C. Livingston, Plough Animal Health Corp. to Walco Hoffmann-La Roche, Inc. The Director, Office of New Animal Drug International, Inc. supplemental NADA provides for Evaluation, Center for Veterinary Medicine. EFFECTIVE DATE: May 27, 1997. removal of the international feed [FR Doc. 97–13825 Filed 5–23–97; 8:45 am] FOR FURTHER INFORMATION CONTACT: number (IFN) for an ingredient in free- BILLING CODE 4160±01±F Thomas J. McKay, Center for Veterinary choice, lasalocid, liquid Type C feed. Medicine (HFV–102), Food and Drug EFFECTIVE DATE: May 27, 1997. Administration, 7500 Standish Pl., FOR FURTHER INFORMATION CONTACT: Jack DEPARTMENT OF THE TREASURY Rockville, MD 20855, 301–827–0213. Caldwell, Center for Veterinary SUPPLEMENTARY INFORMATION: Schering- Medicine (HFV–126), Food and Drug Internal Revenue Service Plough Animal Health Corp., P.O. Box Administration, 7500 Standish Pl., 529, Kenilworth, NJ 07033, has Rockville, MD 20855, 301–594–1638. 26 CFR Parts 1 and 601 informed FDA that it has transferred SUPPLEMENTARY INFORMATION: Hoffmann- ownership of, and all rights and La Roche, Inc., 340 Kingsland St., [TD 8719] interests in, approved NADA 031–971 Nutley, NJ 07110–1199, filed (cupric glycinate injection) to Walco supplemental NADA 96–298, which RIN 1545±AU41 and 1545±AV19 International, Inc., 15 West Putnam, provides for removing the IFN for the Requirements Respecting the Porterville, CA 93257. Accordingly, the condensed molasses fermentation Adoption or Change of Accounting agency is amending the regulations in solubles ingredient of the free-choice, Method; Extensions of Time To Make 21 CFR 522.518 to reflect the change of lasalocid, liquid Type C feed. The Elections; Correction sponsor. molasses solubles described by the IFN refer to those solubles from sugar cane AGENCY: Internal Revenue Service (IRS), List of Subjects in 21 CFR 522 molasses. The liquid Type C feed Treasury. Animal drugs. contains beet molasses solubles that do ACTION: Correction to temporary Therefore, under the Federal Food, not have an IFN. regulations. Drug, and Cosmetic Act and under The supplemental NADA is approved authority delegated to the Commissioner as of May 27, 1997, and the regulations SUMMARY: This document contains of Food and Drugs and redelegated to are amended in 21 CFR 558.311(e)(3)(i) corrections to the temporary regulations the Center for Veterinary Medicine, 21 to reflect the approval. (TD 8719) which were published in the CFR part 522 is amended as follows: This action does not affect the safety Federal Register for Thursday, May 15, and effectiveness upon which the 1997 (62 FR 26740). The regulations PART 522ÐIMPLANTATION OR application was approved. Therefore, a relate to the procedure for requesting a INJECTABLE DOSAGE FORM NEW freedom of information summary is not change in accounting method and the ANIMAL DRUGS required standards for granting an extension of 1. The authority citation for 21 CFR The agency has determined under 21 time to request a change in accounting part 522 continues to read as follows: CFR 25.24(a)(9) that this action is of a method. The regulations provide for a type that does not individually or longer period of time for filing an Authority: Sec. 512 of the Federal Food, cumulatively have a significant effect on Drug, and Cosmetic Act (21 U.S.C. 360b). application for change in accounting the human environment. Therefore, method with the Commissioner. § 522.518 [Amended] neither an environmental assessment EFFECTIVE DATE: May 15, 1997. nor an environmental impact statement 2. Section 522.518 Cupric glycinate FOR FURTHER INFORMATION CONTACT: is required. injection is amended in paragraph (b) by Cheryl L. Oseekey at (202) 622–4970 removing ‘‘000061’’ and adding in its List of Subjects in 21 CFR Part 558 (not a toll-free number). place ‘‘No. 049185’’. Animal drugs, Animal feeds. SUPPLEMENTARY INFORMATION: Dated: May 6, 1997. Therefore, under the Federal Food, Robert C. Livingston, Drug, and Cosmetic Act and under Background Director, Office of New Animal Drug authority delegated to the Commissioner The temporary regulations that are the Evaluation, Center for Veterinary Medicine. of Food and Drugs and redelegated to subject of this correction are under [FR Doc. 97–13822 Filed 5–23–97; 8:45 am] the Center for Veterinary Medicine, 21 section 446 of the Internal Revenue BILLING CODE 4160±01±F CFR part 558 is amended as follows: Code. Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations 28631

Need for Correction Corporation, 1200 K Street, NW., designated disaster area, or with respect As published, the temporary Washington, DC 20005, 202–326–4024 to whom the office of the service regulations contain two errors which (202–326–4179 for TTY and TDD). provider, bank, insurance company, or may prove to be misleading and are in (These are not toll-free numbers.) other person maintaining the need of clarification. SUPPLEMENTARY INFORMATION: The information necessary to file the request Pension Benefit Guaranty Corporation for reconsideration or appeal is within Correction of Publication administers the pension plan such an area. Accordingly, the publication of the termination insurance program under Premiums temporary regulations which are the title IV of the Employee Retirement subject of FR Doc. 97–12514 is corrected Income Security Act of 1974, as The PBGC will waive the late as follows: amended (29 U.S.C. 1001 et seq.). Under payment penalty charge with respect to ERISA and the PBGC’s regulations, a any premium payment required to be § 1.446±1T [Corrected] number of deadlines must be met in made on or after April 15, 1997, and Paragraph 1. On page 26741, column order to avoid the imposition of before June 30, 1997, if the payment is 1, in § 1.446–1T, paragraph (e)(3)(i)(B) is penalties or other consequences. made by June 30, 1997. The PBGC is not corrected to read as follows: In April 1997, the President of the permitted by law to waive late payment * * * * * United States issued declarations, under interest charges. (ERISA section 4007(b); (e) * * * the Disaster Relief Act of 1974, as 29 CFR 4007.7 and 4007.8(b)(3).) (3) * * * amended (42 U.S.C. 5121 et seq.), that Section 4071 Penalties (i) * * * major disasters exist because of recent For any of the following notices that (B) For any form 3115 filed on or after severe weather and flooding in the is required to be filed with the PBGC on May 15, 1997, to secure the Upper Midwest. When this document or after April 15, 1997, and before June Commissioner’s consent to a taxpayer’s was prepared, the following counties 30, 1997, in order to avoid the change in method of accounting the had been designated by the Federal assessment of section 4071 penalties, taxpayer must file the Form 3115 with Emergency Management Agency the PBGC will not assess a section 4071 the Commissioner during the taxable (pursuant to 44 CFR 206.40(b)) as areas penalty if the notice is filed by June 30, year in which the taxpayer desires to affected by these disasters: make the change in method of • 1997: In the state of South Dakota: all (1) Post-distribution certification for accounting. counties; * * * * * • single-employer plans (PBGC Form 501 In the state of North Dakota: all or 602; ERISA section 4041 (b)(3)(B) or § 601.204T [Corrected] counties; (c)(3)(B); 29 CFR 4041.27(h) or • In the state of Minnesota: Aitkin, Par. 2. On page 26741, column 2, in 4041.48(b)), Anoka, Becker, Beltrami, Benton, Big § 601.204T, paragraph (b)(2) is corrected (2) Notice of termination for Stone, Blue Earth, Brown, Carver, Cass, by removing the last sentence. multiemployer plans (ERISA section Chippewa, Clay, Clearwater, Dakota, Dale D. Goode, 4041A; 29 CFR 4041A.11), Douglas, Goodhue, Grant, Hennepin, (3) Notice of plan amendments Federal Register Liaison Officer, Assistant Houston, Hubbard, Kandiyohi, Kittson, Chief Counsel (Corporate). increasing benefits by more than $10 Lac Qui Parle, Lake of the Woods, Le million (ERISA section 307(e)), [FR Doc. 97–13815 Filed 5–23–97; 8:45 am] Sueur, Lincoln, Lion, Mahnomen, (4) Missing participants information BILLING CODE 4830±01±U Marshall, McLeod, Morrison, Nicollet, for single-employer plans (Schedule MP Norman, Otter Tail, Pennington, Polk, (including Attachments A and B) to Pope, Ramsey, Red Lake, Redwood, PBGC Forms 501 and 602; ERISA PENSION BENEFIT GUARANTY Renville, Roseau, Scott, Sherburne, section 4050; 29 CFR 4050.6), and CORPORATION Sibley, Stearns, Stevens, St. Louis, (5) Premium declarations (PBGC Swift, Todd, Traverse, Wabasha, Forms 1 (including Schedule A) and 1– 29 CFR Parts 4003, 4007, 4011, 4041, Wadena, Washington, Wilkin, Winona, ES; ERISA section 4007; 29 CFR 4007.3). 4041A, 4043, and 4050 Wright, and Yellow Medicine. The PBGC will not assess a section The PBGC is providing relief from Disaster Relief in Response to Severe 4071 penalty for a failure to provide certain deadlines and penalties. In Weather and Flooding in the Upper certain supporting information and general, this relief is applicable with Midwest documentation when a notice of failure respect to plans for which the to make required contributions totaling AGENCY: Pension Benefit Guaranty administrator’s or sponsor’s principal more than $1 million (including Corporation. place of business, or the office of a interest) is timely filed, if the timely ACTION: Notice of disaster relief; waiver service provider, bank, insurance filed notice includes at least items 1 of certain penalties and extension of company, or other person maintaining through 7 and items 11 and 12 of Form certain deadlines. information necessary to meet the 200; the responses to items 8 through applicable deadlines, is located in an 10, with the certifications in items 11 SUMMARY: The Pension Benefit Guaranty area that has been or is hereafter and 12, may be filed late (PBGC Form Corporation is waiving certain penalties designated a major disaster area on 200; ERISA section 302(f)(4); 29 CFR and extending certain deadlines in account of severe weather and flooding 4043.81). This relief applies to notices response to the major disasters declared in the Upper Midwest occurring on or required to be filed with the PBGC on by the President of the United States on after April 15 and before June 30, 1997 or after April 15, 1997, and before June account of severe weather and flooding (a ‘‘designated disaster area’’). However, 30, 1997, provided that all supporting in the Upper Midwest. the extension (discussed below) for information and documentation are FOR FURTHER INFORMATION CONTACT: filing requests for reconsideration or filed by June 30, 1997. Harold J. Ashner, Assistant General appeals is applicable to any aggrieved The PBGC is not automatically Counsel, Office of the General Counsel, person who is residing in, or whose forgoing assessment of penalties under Suite 340, Pension Benefit Guaranty principal place of business is within, a section 4071 for failure to comply with 28632 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations other information submission after April 15, 1997, and before June 30, Postal Service, Washington, D.C. 20260– requirements, but relief may be granted 1997, as a result of the PBGC’s issuance 6500. Copies of all written comments in individual cases. For example, 29 of a distribution notice, the PBGC is will be available for public inspection CFR 4010.11 provides for waivers and (pursuant to 29 CFR 4041.8 and between 9 a.m. and 4 p.m., Monday extensions for financial and actuarial 4041.43(d)) extending to June 30, 1997, through Friday, in the International information reporting under 29 CFR Part the time within which such actions Business Unit, 901 D Street S.W., 10th 4010. must be taken. In addition, as noted Floor, Washington, D.C. Reportable Events Notices above, the PBGC is providing relief from FOR FURTHER INFORMATION CONTACT: penalties for late filing of the post- Walter J. Grandjean, (202) 314–7256. With respect to a reportable event for distribution certification. SUPPLEMENTARY INFORMATION: On June 7, which a post-event notice is required to 1996, the Postal Service filed with the be filed under subpart B of the PBGC’s Participant Notices Postal Rate Commission a Special regulation on Reportable Events (29 CFR For Participant Notices that are Services Reform case (MC96–3). The 4043.20 through 4043.35) on or after required to be issued on or after April Postal Rate Commission issued its April 15, 1997, and before June 30, 15, 1997, and before June 30, 1997, the 1997, the PBGC is (pursuant to 29 CFR Opinion and Recommended Decision on PBGC is (pursuant to 29 CFR 4011.8) April 2, 1997. This was adopted by the 4043.4(d)) extending to June 30, 1997, extending the due date to June 30, 1997. the time within which to provide Postal Service Board of Governors on certain supporting information and Requests for Reconsideration or May 5, 1997. While the Postal Rate Commission documentation when a notice of the Appeals does not recommend international reportable event is timely filed, if the For persons who are aggrieved by postage rates and special mail service timely filed notice includes at least the certain agency determinations and for fees, domestic fees impact the level of information specified on the front of whom a request for reconsideration or fees and conditions of service for PBGC Form 10 or, if Form 10 is not an appeal is required to be filed on or international special mail services. In filed, the information specified in 29 after April 15, 1997, and before June 30, general, the Universal Postal CFR 4043.3(b) (1) through (5); the 1997, the PBGC is (pursuant to 29 CFR Convention (Convention) and the Postal extension applies to the information 4003.4(b)) extending the time for filing Parcels Agreement (PPA) fix the specified on the back of Form 10 or, if to June 30, 1997. Form 10 is not filed, the information maximum fees for special mail services specified in 29 CFR 4043.3(b) (6) Applying for Waivers/Extensions but allow higher fees based on the fees through (8) and in paragraph (b) of the A submission to the PBGC to which for comparable domestic services. regulation section that describes the a waiver or an extension is applicable Likewise, the Convention and PPA event. under this notice should be marked in allow a maximum limit of liability but The PBGC is not providing automatic bold print ‘‘FLOODS 5/97, [name of allow lower limits based on the limit of extensions for advance notices of county], [name of state]’’ at the top liability. In view of the changes for reportable events described in subpart C center. domestic special services, as a result of of the Reportable Events regulation (29 the decision in Docket MC96–3, it is Issued in Washington, D.C., this 21st day necessary to make changes for CFR 4043.61 through 4043.68), but of May, 1997. waivers and extensions for such notices international special services. John Seal, Accordingly, the Postal Service may be granted individually pursuant to Acting Executive Director, Pension Benefit 29 CFR 4043.4(d). adopts the following changes in the Guaranty Corporation. conditions of service and fees for Standard and Distress Termination [FR Doc. 97–13844 Filed 5–21–97; 4:05 pm] international special services: Notices and Distribution of Assets BILLING CODE 7708±01±P 1. Insured Mail: The limit of With respect to a standard indemnity is raised to $5000 unless the termination for which the standard destination country’s insurance limit is termination notice is required to be POSTAL SERVICE less. In this case the lower limit will filed, or the distribution of plan assets apply. Table 1 lists limits available to all 39 CFR Part 20 is required to be completed, on or after countries offering insured parcel post service. The fees are: April 15, 1997, and before June 30, International Mail Special Services 1997, the PBGC is (pursuant to 29 CFR AGENCY: Postal Service. Fee 4041.8) extending to June 30, 1997, the Limit of time within which the standard ACTION: Final rule. indemnity All other termination notice must be filed (and, Canada countries thus, the time within which notices of The Postal Service is modifying the plan benefits must be provided) and the fees for international mail, special $50 ...... $0.75 ...... $1.60. time within which the distribution of delivery (Express/Expre`s) and recorded $100 ...... $1.60 ...... $2.50. delivery, and is changing the insurance over $100 to $1.60 plus $2.50 plus plan assets must be completed. $5000. $0.90 for $0.90 for With respect to a distress termination limits for international insured mail and Express Mail. These changes are a each addi- each addi- for which the distress termination tional $100 tional $100 notice is required to be filed on or after consequence of the Governors of the or fraction or fraction April 15, 1997, and before June 30, Postal Service to approve the thereof. thereof. 1997, the PBGC is (pursuant to 29 CFR recommended decision of the PRC in 4041.8) extending to June 30, 1997, the docket number MC96–3. 2. International Express Mail: The time within which the termination EFFECTIVE DATE: 12:01 a.m., June 8, 1997. limit of indemnity for merchandise notice must be filed. With respect to a ADDRESSES: Written comments should insurance is increased from $500 to distress termination for which notices of be directed to the Manager, Pricing, $5000. The first $500 of merchandise is benefit distribution must be provided or Costing, and Classification, Room 370– without charge above the postage. For plan assets must be distributed on or IBU, International Business Unit, U.S. merchandise insurance coverage over Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations 28633

$500 and up to and including $5000 is TABLE 1ÐContinued TABLE 1ÐContinued $0.90 for each additional $100 or fraction of $100 of merchandise Country Insurance indemnity Country Insurance indemnity insurance coverage requested. The limit limit maximum merchandise insurance is Bangladesh ...... $5000. Guinea-Bissau ...... $21. $5000. Barbados ...... $240. Guyana ...... $10. Document reconstruction insurance Belarus ...... $5000. Haiti ...... N/A. included with international Express Belgium ...... $5000. Honduras ...... N/A. Mail Service is reduced from $50,000 to Belize ...... $1740. Hong Kong ...... $5000. $500. Benin ...... $185. Hungary ...... $5000 (surface); 3. Special Delivery: The Postal Bermuda ...... $480. $4780 (air). Service fee for international special Bhutan ...... $480. Iceland ...... $5000. delivery (Express/Expre´s) is changed to Bolivia ...... N/A. India ...... $3070. $2.35 for letters/letter packages, post Bosnia/Herzegovina .. $600. Indonesia ...... N/A. Botswana ...... $160. Iran ...... N/A. and postal cards, printed matter, matter Brazil ...... $5000 (air only). Iraq ...... $575 (surface); $2390 for the blind, and small packets, British Virgin Islands $180. (air). regardless of weight. Brunei Darussalam ... $4780. Ireland ...... $1545. 4. Recorded Delivery: The fee for Bulgaria ...... $1025. Israel ...... N/A. recorded delivery service is increased to Burkina Faso ...... $580. Italy ...... $2390. $1.35. Burma (Myanmar) ..... $4390 (air parcels to Jamaica ...... N/A. Although the Postal Service is Rangoon only). Japan ...... $5000. exempted by 39 U.S.C. 410(a) from the Burundi ...... $855 (air only). Jordan ...... N/A. advance notice requirements of the Cambodia ...... N/A. Kazakhstan ...... $5000. Cameroon ...... $5000. Kenya ...... $885. Administrative Procedure Act regarding Canada ...... $730. Kiribati ...... N/A. proposed rulemaking (5 U.S.C. 553), the Cape Verde ...... $480. Korea (Democratic N/A. Postal Service invites public comment Cayman Islands ...... N/A. People's Republic on this final rule. Central African Re- $4780. of). The Postal Service is adopting the public. Korea (Republic of) ... $5000. above fees and amends the International Chad ...... $480 (air only). Kuwait ...... $1920. Mail Manual, which is incorporated by Chile ...... N/A. Kyrgyzstan ...... $1465. reference in the Code of Federal China ...... $1225. Laos ...... N/A. Regulations. See 39 CFR 20.1. Colombia ...... N/A. Latvia ...... $1465. Comoros ...... $750. Lebanon ...... $480 (air only). List of Subjects in 39 CFR Part 20 Congo ...... $1830. Lesotho ...... $480. Corsica ...... $5000. Liberia ...... $480. Foreign relations, incorporation by Costa Rica ...... N/A. Libya ...... N/A. reference, international postal services. Cote d' Ivoire ...... $5000. Liechtenstein ...... $5000. Croatia ...... $5000. Lithuania ...... $5000. PART 20Ð[AMENDED] Cuba ...... N/A. Luxembourg ...... $5000. Cyprus ...... $5000. Macao ...... $5000. 1. The authority citation for 39 CFR Czech Republic ...... $5000. Macedonia (Republic $2390. Part 20 continues to read as follows: Denmark ...... $5000. of). Authority: 5 U.S.C. 552(a); 39 U.S.C. 401, Djibouti ...... $955. Madagascar ...... $730. 407, 408. Dominica ...... N/A. Madeira Islands ...... $5000. Dominican Republic .. N/A. Malawi ...... $55. 2. The International Mail Manual is Ecuador ...... N/A. Malaysia ...... $475. amended to incorporate the above Egypt ...... $1830. Maldives ...... N/A. special mail service fees. El Salvador ...... N/A. Mali ...... $1030. Equatorial Guinea ..... N/A. Malta ...... N/A. TABLE 1 Eritrea ...... N/A. Martinique ...... $5000. Estonia ...... $1465. Mauritania ...... $690. Insurance indemnity Ethiopia ...... N/A. Mauritius ...... $295. Country limit Falkland Islands ...... $555 (surface only). Mexico ...... N/A. Faroe Islands ...... $5000. Moldova ...... $1465. Afghanistan ...... N/A. Fiji ...... $600. Mongolia ...... $480. Albania ...... N/A. Finland ...... $5000. Montserrat ...... $2390. Algeria ...... $2370. France ...... $5000. Morocco ...... $955. Andorra ...... $600. French Guiana ...... $5000. Mozambique ...... N/A. Angola ...... N/A. French Polynesia ...... $1080. Namibia ...... $535. Anguilla ...... $450. Gabon ...... $525. Nauru ...... $240. Antigua & Barbuda .... $60. Gambia ...... $2800. Nepal ...... N/A. Argentina ...... $5000. Georgia ...... $730. Netherlands ...... $4780. Armenia ...... $1465. Germany ...... $5000. Netherlands Antilles .. $900. Aruba ...... $600. Ghana ...... $5000. New Caledonia ...... $1750. Ascension ...... $185 (surface only). Gibraltar ...... $95. New Zealand ...... $1065. Australia ...... $3660. Great Britain & North- $2195. Nicaragua ...... $480. Austria ...... $5000. ern Ireland. Niger ...... $880. Azerbaijan ...... $5000. Greece ...... $5000. Nigeria ...... $220. Azores ...... $5000. Greenland ...... $5000. Norway ...... $5000. Bahamas ...... $3035 (Nassau/Free- Grenada ...... $380. Oman ...... $620. port); $605 (other Guadeloupe ...... $5000. Pakistan ...... $295. locations). Guatemala ...... N/A. Panama ...... N/A. Bahrain ...... N/A. Guinea ...... $950. Papua New Guinea ... $485. 28634 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations

TABLE 1ÐContinued TABLE 1ÐContinued Natural Resources and Environmental Protection Cabinet (KNREPC) may be Country Insurance indemnity Country Insurance indemnity examined during normal business hours limit limit at the following locations: Paraguay ...... N/A. Zambia ...... $585. Environmental Protection Agency, Peru ...... N/A. Zimbabwe ...... $600. Atlanta Federal Center, Region 4 Air Philippines ...... $295. Planning Branch, 61 Forsyth Street Pitcairn Island ...... N/A. Stanley F. Mires, S.W., Atlanta, Georgia 30303–3104. Poland ...... $1465. Chief Counsel, Legislative. Natural Resources and Environmental Portugal ...... $5000. [FR Doc. 97–13683 Filed 5–23–97; 8:45 am] Protection Cabinet, 803 Schenkel Qatar ...... $2730. Lane, Frankfort, Kentucky 40601. Reunion ...... $5000. BILLING CODE 7710±12±U Romania ...... $5000. Copies of the materials submitted by Russia ...... $5000. the Ohio Environmental Protection Rwanda ...... N/A. ENVIRONMENTAL PROTECTION Agency (OEPA) may be examined St. Christopher & $225. AGENCY during normal business hours at the Nevis. following locations: St. Helena ...... $185. 40 CFR Parts 52 and 81 St. Lucia ...... $435. Regulation Development Section, Air St. Pierre & Miquelon $5000. [OH107±1a; KY94±9717a; FRL±5830±5] Programs Branch (AR–18J), U.S. St. Vincent & The $145. Environmental Protection Agency, Grenadines. Clean Air Act Promulgation of Region 5, 77 West Jackson Boulevard, San Marino (Republic $2390. Extension of Attainment Date for Chicago, Illinois, 60604. of). Ozone Nonattainment Area; Ohio; OEPA, Division of Air Pollution Sao Tome & Principe $480. Kentucky Control, 1800 Watermark Drive, Saudi Arabia ...... N/A. Columbus, OH 43215. Senegal ...... $940. AGENCY: Environmental Protection Serbia-Montenegro ... $5000. Agency (USEPA). FOR FURTHER INFORMATION CONTACT: Seychelles ...... N/A. ACTION: Direct final rule. Randolph O. Cano at (312) 886–6036 or Sierra Leone ...... N/A. Joseph M. LeVasseur at (404) 562–9035. Singapore ...... $4780. SUMMARY: USEPA is extending the SUPPLEMENTARY INFORMATION: Slovak Republic (Slo- $5000. attainment date for the Cincinnati- vakia). Slovenia ...... $4780. Hamilton interstate moderate ozone Request for Attainment Date Extension Solomon Islands ...... N/A. nonattainment area from November 15, for the Cincinnati-Hamilton Somalia ...... $480. 1996 to November 15, 1997. This Metropolitan Moderate Ozone South Africa ...... $1915. extension is based in part on monitored Nonattainment Area Spain ...... $480 (surface); $955 air quality readings for the national On November 7, 1996, OEPA (air). ambient air quality standard (NAAQS) Sri Lanka ...... $40. requested a one-year attainment date for ozone during 1996. Accordingly, extension for the Ohio portion of the Sudan ...... N/A. USEPA is revising the table in the Code Suriname ...... $580. Cincinnati-Hamilton moderate ozone Swaziland ...... $610. of Federal Regulations concerning ozone nonattainment area which consists of Sweden ...... $5000. attainment dates in this area. In this Hamilton, Butler, Clermont and Warren Switzerland ...... $5000. action, USEPA is approving the States’ Counties in Ohio. Similarly, on Syria ...... $3345. request through a ‘‘direct final’’ November 15, 1996 KNREPC requested Taiwan ...... $500. rulemaking; the rationale for this a one-year attainment date extension for Tajikistan ...... $410. approval is set forth below. Elsewhere the Kentucky portion of the Cincinnati- Tanzania ...... $250. in this Federal Register, USEPA is Thailand ...... $480. Hamilton moderate ozone proposing approval and soliciting nonattainment area which consists of Togo ...... $2380. comment on this action; if adverse Tonga ...... $560. Kenton, Boone and Campbell Counties. Trinidad & Tobago .... $1010. comments are received, USEPA will Since this area was classified as a Tristan Da Cunha ...... N/A. withdraw the direct final rulemaking moderate ozone nonattainment area, the Tunisia ...... $2390. and address the comments received in statutory ozone attainment date, as Turkey ...... $955. a new final rule; otherwise no further prescribed by section 181(a) of the Clean Turkmenistan ...... $730. rulemaking will occur on this Air Act (CAA), is November 15, 1996. Turks & Caicos Is- N/A. attainment date extension request. lands. The submittals request that the DATES: This rule becomes effective July attainment date be extended to Tuvalu ...... $5000 (surface); $730 28, 1997 unless substantive adverse (air). November 15, 1997. comments not previously addressed by Uganda ...... N/A. CAA Requirements and USEPA Actions Ukraine ...... $5000. the State or USEPA are received by June United Arab Emirates $5000. 26, 1997. If the effective date is delayed, Concerning Designation and Uruguay ...... N/A. timely notice will be published in the Classification Uzbekistan ...... $410. Federal Register. Section 107(d)(4) of the CAA requires Vanuatu ...... N/A. ADDRESSES: Comments may be mailed to the States and USEPA to designate areas Vatican City ...... $2390. Joseph M. LeVasseur at the USEPA as attainment, nonattainment, or Venezuela ...... N/A. Region 4 address listed below or to J. Vietnam ...... N/A. unclassifiable for ozone as well as other Wallis & Fortuna Is- $1755 (air only). Elmer Bortzer, Chief, Regulation pollutants for which national ambient lands. Development Section, Air Programs air quality standards (NAAQS) have Western Samoa ...... $320. Branch (AR–18J), Region 5 at the been set. Section 181(a)(1) requires that Yemen ...... $600. address listed below. Copies of the ozone nonattainment areas be classified Zaire ...... N/A. material submitted by the Kentucky as marginal, moderate, serious, severe, Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations 28635 or extreme, depending on their air period is 1994–1996. CAA section Upon application by any State, the quality. In a series of Federal Register 181(b)(2)(A) further states that, for areas Administrator may extend for one documents, USEPA completed this classified as marginal, moderate, or additional year (hereinafter referred to process by designating and classifying serious, if the Administrator determines as the ‘‘Extension Year’’) the date all areas of the country for ozone. See, that the area did not attain the standard specified in table 1 of paragraph (1) of e.g., 56 FR 58694 (Nov. 6, 1991); 57 FR by its attainment date, the area must be this subsection if— 56762 (Nov. 30, 1992). reclassified upward. (A) The State has complied with all Areas designated nonattainment for A review of the actual ambient air requirements and commitments ozone are required to meet attainment quality ozone data from the USEPA pertaining to the area in the applicable dates specified under the CAA. The Aerometric Information Retrieval implementation plan, and Cincinnati-Hamilton ozone System (AIRS), shows that a number of (B) No more than one exceedance of nonattainment area was designated air quality monitors located in the the national ambient air quality nonattainment and classified moderate Cincinnati-Hamilton ozone standard level for ozone has occurred in for ozone pursuant to 56 FR 58694 (Nov. nonattainment area recorded the area in the year preceding the 6, 1991). By this classification, its exceedances of the NAAQS for ozone Extension Year. attainment date became November 15, during the three year period from 1994 No more than two one-year extensions 1996. A discussion of the attainment to 1996. At one of these monitors, may be issued for a single dates is found in 57 FR 13498 (April 16, Warren County, OH, the number of nonattainment area. 1992) (the General Preamble). expected exceedances was 2.0 per year, The USEPA interprets this provision CAA Requirements and USEPA Actions for 1994 and 1995. Because these to authorize the granting of a one-year Concerning Meeting the Attainment exceedances averaged more than 1.0 extension under the following minimum Date over the three year period, they conditions: Section 181(b)(2)(A) requires the constitute a violation of the ozone (1) The State requests a one-year Administrator, within six months of the NAAQS for the Cincinnati-Hamilton extension, attainment date, to determine whether area during this three-year period. Thus, (2) all requirements and commitments ozone nonattainment areas attained the the area did not meet the November 15, in the USEPA-approved SIP for the area NAAQS. For ozone, USEPA determines 1996 attainment date. have been complied with, and attainment status on the basis of the However, CAA section 181(a)(5) (3) the area has no more than one expected number of exceedances of the provides an exemption from these bump measured exceedance of the NAAQS at NAAQS over the most recent three-year up requirements. Under this exemption, each monitor in the area during the year period. See General Preamble, 57 FR USEPA may grant up to two, one-year that includes the attainment date (or the 13506. In the case of moderate ozone extensions of the attainment date under subsequent year, if a second one-year nonattainment areas, the three-year specified conditions: extension is requested).

TABLE 1.ÐEXCEEDANCES OF THE OZONE AIR QUALITY STANDARD IN THE CINCINNATI-HAMILTON AREA 1994 TO 1996

Exceedances Expected Site County/state Year measured exceedances

Oxford 1 ...... Butler, OH ...... 1994 0 0.0 Middletown ...... Butler, OH ...... 1994 0 0.0 Middletown ...... Butler, OH ...... 1995 2 2.0 Middletown ...... Butler, OH ...... 1996 1 1.0 Hamilton ...... Butler, OH ...... 1994 0 0.0 Hamilton ...... Butler, OH ...... 1995 1 1.0 Hamilton ...... Butler, OH ...... 1996 0 0.0 4430 SR 222 ...... Clermont, OH ...... 1994 1 1.0 4430 SR 222 ...... Clermont, OH ...... 1995 1 1.0 4430 SR 222 ...... Clermont, OH ...... 1996 0 0.0 11590 Grooms Rd ...... Hamilton, OH ...... 1994 0 0.0 11590 Grooms Rd ...... Hamilton, OH ...... 1995 0 0.0 11590 Grooms Rd ...... Hamilton, OH ...... 1996 0 0.0 6950 Ripple Road ...... Hamilton, OH ...... 1994 0 0.0 6950 Ripple Road ...... Hamilton, OH ...... 1995 1 1.0 6950 Ripple Road ...... Hamilton, OH ...... 1996 0 0.0 Cincinnati ...... Hamilton, OH ...... 1994 0 0.0 Cincinnati ...... Hamilton, OH ...... 1995 1 1.0 Cincinnati ...... Hamilton, OH ...... 1996 0 0.0 Lebanon ...... Warren, OH ...... 1994 2 2.0 Lebanon ...... Warren, OH ...... 1995 2 2.0 Lebanon ...... Warren, OH ...... 1996 0 0.0 KY 338 ...... Boone, KY ...... 1994 0 0.0 KY 338 ...... Boone, KY ...... 1995 0 0.0 KY 338 ...... Boone, KY ...... 1996 0 0.0 Dayton ...... Campbell,KY ...... 1994 0 0.0 Dayton ...... Campbell, KY ...... 1995 0 0.0 Dayton ...... Campbell, KY ...... 1996 1 1.0 Covington ...... Kenton, KY ...... 1994 0 0.0 Covington ...... Kenton, KY ...... 1995 1 1.0 Covington ...... Kenton, KY ...... 1996 1 1.0 1 This site was shutdown after 1994, so no data are available for 1995 and 1996. 28636 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations

In both extension requests Ohio and Kentucky is implementing the a second comment period on this action. Kentucky indicated that they satisfied requirements of its approved ozone SIP Any parties interested in commenting the attainment date extension criteria in for the Cincinnati-Hamilton interstate on this action should do so at this time. as much as no monitors in the area. The Kentucky portion of the area If no such comments are received, the Cincinnati-Hamilton area monitored is implementing its program for public is advised that this action will be more than one exceedance each during controlling oxides of nitrogen (NOx) and effective on July 28, 1997. 1996. The 1996 monitoring data has VOC emissions from stationary sources. Nothing in this action should be been quality controlled and quality USEPA has determined that the construed as permitting or allowing or assured, as has been the data for 1994 requirements for a one-year extension of establishing a precedent for any future and 1995. These data are summarized in the attainment date have been fulfilled request for revision to any state Table 1. An examination of the data as follows: implementation plan. Each request for indicates that three of the ten monitors (1) Ohio and Kentucky have formally revision to the state implementation recorded one exceedance each during submitted the attainment date extension plan shall be considered separately in 1996. requests. light of specific technical, economic, Both Ohio and Kentucky certified that (2) Ohio and Kentucky are currently and environmental factors and in they are implementing the ozone State in the process of implementing the relation to relevant statutory and Implementation Plans (SIPs) for the USEPA-approved SIPs. regulatory requirements. area. USEPA conducted a review of the (3) A review of actual ozone ambient ozone SIPs, as contained in 40 CFR part air quality data for the Cincinnati- Administrative Requirements 52 and USEPA’s electronic version of Hamilton area indicates that the area A. Executive Order (E.O.) 12866 the SIP, and believes that the states are has monitored no more than one implementing the USEPA approved exceedance of the NAAQS at any This action has been classified as a ozone SIPs. Additionally, USEPA has monitor during 1996. Table 3 action for signature by the not made a finding of failure to Therefore, USEPA approves the Ohio Regional Administrators under the implement the SIPs for the area. This and Kentucky attainment date extension procedures published in the Federal supports the States’ certification that the requests for the Cincinnati-Hamilton Register on January 19, 1989 (54 FR area is implementing its SIPs. ozone nonattainment area. As a result, 2214–2225), as revised by a July 10, Ohio is implementing the the Kentucky Control Strategy for Ozone 1995 memorandum from Mary D. requirements of the approved Ozone which is codified at 40 CFR 52.930 and Nichols, Assistant Administrator for Air SIP. Regarding implementation of the the Ohio Control Strategy for Ozone and Radiation. The Office of vehicle inspection and maintenance (I/ which is codified at 40 CFR 52.1885 are Management and Budget (OMB) has M) program, Ohio enacted legislation being amended to record these exempted this regulatory action from authorizing the I/M program and attainment date extensions. The chart in E.O. 12866 review. adopted regulations for the operation of 40 CFR 81.318 entitled ‘‘Kentucky- B. Regulatory Flexibility Act the program. The USEPA approved the Ozone’’ is being modified to reflect program on April 4, 1995 (See 60 FR USEPA’s approval of Kentucky’s Under the Regulatory Flexibility Act, 16989). The State of Ohio awarded a attainment date extension request. The 5 U.S.C. 600 et seq., USEPA must contract for program operations, and on chart in 40 CFR 81.336 entitled ‘‘Ohio- prepare a regulatory flexibility analysis January 2, 1996, Ohio began testing Ozone’’ is also being modified to reflect assessing the impact of any proposed or vehicles in the Cincinnati area. The USEPA’s approval of Ohio’s attainment final rule on small entities. 5 U.S.C. 603 enactment of legislation, adoption of date extension request. and 604. Alternatively, USEPA may regulations, and the capital investment certify that the rule will not have a USEPA Action in structures and equipment to perform significant impact on a substantial testing meets the implementation test. USEPA is approving the attainment number of small entities. Small entities While the Cincinnati program has been date extension requests for the include small businesses, small not-for- suspended due to program performance Cincinnati-Hamilton moderate ozone profit enterprises, and government problems, Ohio is in compliance with nonattainment area from November 15, entities with jurisdiction over CAA implementation requirements. The 1996 to November 15, 1997 without populations of less than 50,000. Ohio Stage II vapor recovery program is prior proposal because the Agency Extension of an area’s attainment date fully implemented in the Cincinnati views this as a noncontroversial under the CAA does not impose any area. The State is also collecting amendment and anticipates no adverse new requirements on small entities. emissions statements from sources in comments. However, in a separate Extension of an attainment date is an the area. The State is implementing its document in this Federal Register action that affects a geographical area SIP for conformity. Also, the area is publication, USEPA is proposing to and does not impose any regulatory implementing its approved SIP which approve this part 52 and part 81 action requirements on sources. USEPA includes a program for controlling should adverse or critical comments be certifies that the approval of the volatile organic compound (VOC) filed. This action will be effective July attainment date extension will not affect emissions from stationary sources. This 28, 1997 unless, by June 26, 1997 a substantial number of small entities. includes the Non-Control Technique adverse or critical comments are C. Unfunded Mandates Guideline Reasonably Available Control received. Technique requirements approved If USEPA receives such comments, Under Section 202 of the Unfunded within the past several years for the this action will be withdrawn before the Mandates Reform Act of 1995 following plants in the Ohio portion of effective date by publishing a (‘‘Unfunded Mandates Act’’), signed the area: Steelcraft Manufacturing Co, subsequent document that will into law on March 22, 1995, USEPA Chevron USA Inc, International Paper withdraw the final action. All public must prepare a budgetary impact Co, Morton Thiokol, Armco Steel Co, comments received will then be statement to accompany any proposed Formica Corp, PMC Specialties Group, addressed in a subsequent final rule or final rule that includes a Federal Hilton Davis Co, Monsanto Co, and based on this action serving as a mandate that may result in estimated Proctor and Gamble. proposed rule. USEPA will not institute costs to State, local, or tribal Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations 28637 governments in the aggregate; or to for reconsideration by the Administrator § 52.930 Control strategy: Ozone. private sector, of $100 million or more. of this final rule does not affect the * * * * * Under Section 205, USEPA must select finality of this rule for the purposes of (d) Kentucky’s November 15, 1996, the most cost-effective and least judicial review nor does it extend the burdensome alternative that achieves time within which a petition for judicial request for a one-year attainment date the objectives of the rule and is review may be filed, and shall not extension for the Kentucky portion of consistent with statutory requirements. postpone the effectiveness of such rule the Cincinnati-Hamilton metropolitan Section 203 requires USEPA to establish or action. This action to grant Ohio and moderate ozone nonattainment area a plan for informing and advising any Kentucky an extension to attain the which consists of Kenton, Boone, and small governments that may be ozone NAAQS in the Cincinnati- Campbell Counties is approved. The significantly or uniquely impacted by Hamilton ozone nonattainment area as date for attaining the ozone standard in the rule. defined in 40 CFR 81.318 and 40 CFR these counties is November 15, 1997. USEPA has determined that the 81.336 may not be challenged later in approval action promulgated does not proceedings to enforce its requirements. Subpart KKÐOhio include a Federal mandate that may (See section 307(b)(2).) result in estimated costs of $100 million 3. Section 52.1885 is amended by or more to either State, local, or tribal List of Subjects adding paragraph (bb) to read as governments in the aggregate, or to the 40 CFR Part 52 follows: private sector. This Federal action Environmental protection, Air imposes no new requirements. § 52.1885 Control strategy: Ozone. pollution control, Ozone. Accordingly, no additional costs to * * * * * State, local, or tribal governments, or to 40 CFR Part 81 (bb) Ohio’s November 7, 1996, request the private sector, result from this Environmental protection, Air for a one-year attainment date extension action. pollution control, National parks, for the Ohio portion of the Cincinnati- D. Submission to Congress and the Wilderness areas. Hamilton metropolitan moderate ozone General Accounting Office Dated: May 16, 1997. nonattainment area which consists of Under section 801(a)(1)(A) as added A. Stanley Meiburg, Hamilton, Butler, Clermont and Warren by the Small Business Regulatory Acting Regional Administrator, Region 4. Counties is approved. The date for attaining the ozone standard in these Enforcement Fairness Act of 1996, Dated: May 16, 1997. USEPA submitted a report containing counties is November 15, 1997. Valdas V. Adamkus, this rule and other required information to the U.S. Senate, the U.S. House of Regional Administrator, Region 5. PART 81Ð[AMENDED] Representatives and the Comptroller Parts 52 and 81 of chapter I, title 40 General of the General Accounting of the Code of Federal Regulations are 1. The authority citation for part 81 Office prior to publication of the rule in amended as follows: continues to read as follows: this Federal Register. This rule is not a Authority: 42 U.S.C. 7401–7671q. ‘‘major rule’’ as defined by section PART 52Ð[AMENDED] 804(2). 1. The authority citation for part 52 2. In Section 81.318, the ‘‘Kentucky— continues to read as follows: Ozone’’ table is amended by revising the E. Petitions for Judicial Review entry for the ‘‘Cincinnati-Hamilton Under section 307(b)(1) of the CAA, Authority: 42 U.S.C. 7401–7671q. Area’’ to read as follows: petitions for judicial review of this Subpart SÐKentucky action must be filed in the United States § 81.318 Kentucky. Court of Appeals for the appropriate 2. Section 52.930 is amended by * * * * * circuit by July 28, 1997. Filing a petition adding paragraph (d) to read as follows:

KENTUCKYÐOZONE

Designation Classification Designated area Date 1 Type Date 1 Type

Cincinnati-Hamilton Area: Boone County ...... Nonattainment ...... Moderate.2 Campbell County ...... Nonattainment ...... Moderate.2 Kenton County ...... Nonattainment ...... Moderate.2

******* 1 This date is November 15, 1990, unless otherwise noted. 2 Attainment date extended to November 15, 1997.

* * * * * 3. In Section 81.336, the ‘‘Ohio—Ozone’’ table is amended by revising the entry for the ‘‘Cincinnati-Hamilton Area’’ to read as follows:

§ 81.336 Ohio. * * * * * 28638 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations

OHIOÐOZONE

Designation Classification Designated area Date 1 Type Date 1 Type

******* Cincinnati-Hamilton Area: Butler County ...... Nonattainment ...... Moderate.2 Clermont County ...... Nonattainment ...... Moderate.2 Hamilton County ...... Nonattainment ...... Moderate.2 Warren County ...... Nonattainment ...... Moderate.2

******* 1 This date is November 15, 1990, unless otherwise noted. 2 Attainment date extended to November 15, 1997.

* * * * * regulatory flexibility analysis (IRFA), catch to cap allowable biological catch [FR Doc. 97–13751 Filed 5–23–97; 8:45 am] and other supporting documents are (ABC) for Atlantic mackerel, and (3) the BILLING CODE 6560±50±P available upon request from David R. exemption from the minimum mesh Keifer, Executive Director, Mid-Atlantic requirement for the Loligo fishery for a Fishery Management Council, Room vessel fishing for sea herring whose DEPARTMENT OF COMMERCE 2115, Federal Building, 300 South New catch is comprised of 75 percent or Street, Dover, DE 19904–6790. more of sea herring. Details concerning Comments regarding the burden-hour National Oceanic and Atmospheric the disapprovals were provided in the Administration estimates or any other aspect of the collection-of-information requirements preamble to the final rule implementing 50 CFR Part 648 contained in this rule should be sent to Amendment 5, which was published on Dr. Andrew A. Rosenberg, Regional April 2, 1996 (61 FR 14465), and are not [Docket No. 951208293±7055±04; I.D. repeated here. 110796F] Administrator, 1 Blackburn Dr, Gloucester, MA 01930, and the Office of At its June, 1996, meeting, the RIN 0648±AF01 Information and Regulatory Affairs, Council revised several of the Fisheries of the Northeastern United Office of Management and Budget disapproved measures for resubmission. States; Amendment 5 to the Fishery (OMB), (Attention: NOAA Desk Officer), Management measures for an Illex Management Plan for the Atlantic Washington, D.C. 20502. moratorium permit, an increase in the Mackerel, Squid, and Butterfish FOR FURTHER INFORMATION CONTACT: allowable incidental catch of Illex, and Fisheries; Resubmitted Measures Myles Raizin, Fishery Policy Analyst, a cap on Atlantic mackerel ABC were 508–281–9104. resubmitted. A proposed rule to AGENCY: National Marine Fisheries SUPPLEMENTARY INFORMATION: implement these measures was Service (NMFS), National Oceanic and published in the Federal Register on Atmospheric Administration (NOAA), Background December 23, 1996 (61 FR 67521). The Commerce. Amendment 5 was developed in preamble to the proposed rule described ACTION: Final rule. response to concerns regarding overcapitalization expressed by industry the measures. Comments were accepted SUMMARY: NMFS issues this final rule to representatives at several meetings of through February 3, 1997. NMFS implement three provisions of the Council and its Squid, Mackerel, approved those measures on behalf of Amendment 5 to the Fishery and Butterfish (SMB) Committee in the the Secretary on February 21, 1997. Management Plan for the Atlantic early 1990’s. Details concerning the Under the final rule, a vessel will Mackerel, Squid, and Butterfish development of Amendment 5 were qualify for a moratorium permit if 5,000 Fisheries (FMP) that were initially provided in the preamble to the lb (2.27 mt) or more of Illex were landed disapproved but have been revised and proposed rule, which was published in from it and sold on at least 5 trips resubmitted by the Mid-Atlantic Fishery the Federal Register on December 20, between August 13, 1981, and August Management Council (Council). These 1995 (60 FR 65618), and are not 13, 1993. Additionally, a vessel that was measures revise the overfishing repeated here. under construction for, or was being definition for Atlantic mackerel, NMFS, on behalf of the Secretary of rerigged for, use in the directed fishery establish criteria for a moratorium Commerce (Secretary), reviewed vessel permit for Illex squid, and for Illex on August 13, 1993, qualifies Amendment 5 in light of the for a moratorium permit if 5,000 lb (2.27 establish a 5,000–lb (2.27 mt) incidental administrative record underlying it and mt) or more of Illex were landed from catch permit for Illex squid. The intent the public comments received relative it and sold on at least 5 trips prior to of these measures is to prevent to the amendment and the proposed December 31, 1994. The Illex overfishing and to avoid rule. Based upon this review, the overcapitalization of the domestic fleet following provisions of the amendment moratorium will terminate at the end of in these fisheries. were found to be inconsistent with the the fifth year following implementation DATES: Effective June 26, 1997. national standards of the Magnuson- unless extended by an amendment to ADDRESSES: Copies of Amendment 5 Stevens Fishery Conservation and the FMP. and its supporting documents, and the Management Act (Magnuson-Stevens The rule also implements an open- resubmission including the Act) and, accordingly, were access incidental catch permit for Illex environmental assessment, regulatory disapproved: (1) The Illex moratorium squid. The catch allowance associated impact review (RIR) and initial permit, (2) the use of long term potential with this permit is 5,000 lb (2.27 mt) per Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations 28639 trip. This represents an increase of 2,500 Comment 1: One commenter asserts availability and market—the essence of lb (1.13 mt) over the allowance that the submission violates the the mixed-trawl fishery which the proposed in the initial submission of mandate in the Magnuson-Stevens Act Council has pledged to sustain. Amendment 5. The incidental to reduce regulatory discards since Response 3: NMFS believes that those allowance could be revised by the catches of Illex may be mixed with vessels which qualify for a Loligo/ Council annually as part of the annual Loligo to as much as a 50:50 ratio in butterfish moratorium permit represent specification process. certain seasons. The commenter the historic and directed participants in Finally, the rule revises the assumes that a large number of vessels the fishery. The same is true for the Illex overfishing definition for Atlantic in the Loligo/butterfish moratorium fishery. The Council demonstrated that mackerel to restrict ABC in U.S. and fishery will not qualify for the Illex the number of vessels estimated to Canadian waters to that quantity of moratorium fishery, and that discards of qualify for the Illex permit would have mackerel associated with a fishing Illex in excess of the bycatch allowance the ability to harvest in excess of the mortality rate of F0.1, as recommended by these Loligo moratorium vessels will entire 1997 quota under certain by the Northeast Fisheries Science be unacceptable. circumstances. The Regulatory Impact Center. The overfishing definition is Response 1: The commenter bases his Review prepared by the Council shows otherwise unchanged, and still comment about the seasonal mixing of that allowing a large number of new maintains the requirement that ABC be squid stocks on information supplied by vessels to prosecute this fishery could specified to maintain a spawning stock an experienced fishing vessel captain at cause significant losses in income (8 to size of at least 900,000 mt in the year the August, 1996, Council meeting. The 10 percent) to existing harvesters while following the year for which minutes of that meeting indicate the putting the stock in jeopardy. specifications are being developed. captain noted that by moving to a Comment 4: The NMFS letter of Based on the most recent stock different area or fishing at a different disapproval of February 9, 1996, stated assessment for Atlantic mackerel (1994), time of day or both, a vessel operator that ‘‘the measure has discriminatory this will cap ABC for Atlantic mackerel can practically eliminate large bycatches effects that render the allocation of at 383,000 mt. of Illex and the need to discard large fishing privileges in the Illex fishery amounts of that species. The captain unfair and inequitable.’’ One commenter Changes From the Proposed Rule was actually making a point in favor of agrees and hopes NMFS will reject this There are two changes from the a bycatch allowance after attainment of even-more restrictive and more proposed rule. Paragraph 648.4(a)(5) is 95 percent of the quota, a measure discriminatory plan. revised to be consistent with other proposed in Amendment 6. Response 4: The letter of disapproval Northeast regulations for vessel permits, Comment 2: A commenter states that voiced a concern about the impact on and the heading at in other moratoria, the Council has used vessels that routinely caught less than § 648.8(a)(5)(ii) is changed to read the landing of 1 lb (.45 kg) of the subject 5,000 lb (2.27 mt) of Illex per trip that Illex squid moratorium permit species during a time period as would be eliminated from the fishery. (Applicable from July 1, 1997, until July qualifying criteria for a moratorium The administrative record underlying 1, 2002.) This changes the effective date permit, e.g., the summer flounder Amendment 5 did not address these of the Illex moratorium permit from the moratorium permit. Since the adoption participants. This is the discriminatory previously proposed date of June 1, of the multiple pound qualifying effect that the Regional Administrator 1997, which appeared in Paragraph criterion for Illex and Loligo squid, the asked the Council to address. The 648.4(a)(5) of the proposed regulations, Council has reverted back to 1 lb (.45 administrative record supporting the to July 1, 1997. This change come as a kg) of landing in its scup moratorium resubmission indicated that if there result of delays in the publication of the permit qualifying criteria. were such participants, they were final rule. Response 2: The objective of the minimal and only participated in the resubmitted measures for the Illex fishery on an incidental basis. NMFS Comments and Responses moratorium permit is to prevent believes that increasing the incidental A total of four commenters provided overcapitalization in a fishery that is catch allowance to 5,000 lb (2.27 mt) for 10 substantively different comments on fully-utilized. The Council estimated this species meets this concern. the proposed rule to implement the that a 1 lb (.45 kg) of landing qualifying Comment 5: One commenter resubmitted measures. The commenters criterion would prequalify a minimum complained that until last year, vessels were comprised of a representative of of 295 vessels using the August 13, fishing from northern New England the East Coast Fisheries Federation, Inc., 1981, through August 13, 1993, ports were unable to target this resource representatives of the States of window. The Council noted and NMFS because the use of small mesh nets Connecticut and Maine, and an concurs, that given that 19 vessels which were necessary to catch Illex individual representing Seafreeze, Ltd. harvested approximately 17,814 mt in squid in the quantities required to of Rhode Island and Lund’s Fisheries, 1992, which represents 94 percent of the qualify for a permit under the proposed Inc. of Cape May, New Jersey. One 1997 quota for Illex, using a 1 lb (.45 kg) rule, has been prohibited in the Gulf of commenter supported the resubmitted landing criterion would likely lead to Maine. measures for the Illex moratorium overcapitalization and threaten the Response 5: Until April 1995, permit while three opposed this conservation of the Illex stock. regulations in the Gulf of Maine did not measure. One commenter supported the Comment 3: A commenter estimates prevent a small mesh fishery for Illex increase in the incidental catch that 400 vessels will obtain the Loligo/ from being prosecuted under a number allowance for Illex. One commenter butterfish moratorium permit. To allow of different small mesh exemption appended several Congressional 400 boats into those fisheries while programs which did in some cases comments opposing the Illex excluding them from Illex will do include restrictions on fishing by area moratorium permit. The substance of nothing but place enormous pressure on by season. Therefore, NMFS believes these comments are incorporated in two species while providing no ‘‘relief that vessel owners fishing in the Gulf of other comments. No comments were valve’’ in the third; and there will be no Maine had the same opportunity to received regarding the cap on Atlantic opportunity to take advantage of normal qualify for an Illex moratorium permit mackerel ABC. cycles and fluctuations in resource as vessel owners from other areas. 28640 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations

Comment 6: One commenter was of Comment 9: The resubmission regulatory flexibility analysis (FRFA) the opinion that the qualification analysis demonstrates that the Illex consists of the IRFA, the comments and criteria for an Illex moratorium permit fishery is industrial in nature, with no responses in this final rule, most of unquestionably contravene some of the real participation by small-scale which address in some way the public’s most fundamental provisions of the fishermen. The resubmission analysis concerns about possible effects of this Magnuson-Stevens Act, most (pg 14–15) states that 18 out of 53 rule on small entities, and the particularly Section 301, National vessels that reported landing Illex in discussion below. Standards 4 through 6. 1993 represented 99 percent of the total The analysis of the impact of the Response 6: The qualification criteria harvest of the fishery for that year. The moratorium on the existing participants are consistent with National Standards average trip landed roughly 90,000 lb in the directed Illex fishery is based on 4 through 6. (40.83 mt) and the average landings of information available for 1993, the last National Standard 4 prohibits the 19 vessel reference fleet was 130,000 year of the moratorium qualification discrimination between residents of lb (58.98 mt). Small-scale fishermen are period. The analysis shows that while different states. The qualifying criteria simply not involved in the directed there were 3,061 vessels issued the for a moratorium permit are unrelated to fishery because it occurs offshore and open-access vessel permit required to the residency of an applicant. National requires substantial investments in harvest Illex squid, only 53 vessels Standard 5 prohibits the freezing capacity or refrigerated landed Illex squid that year. All of the implementation of a management seawater system capacity. The Council owners of these permitted vessels are measure that has economic allocation as nonetheless increased the bycatch considered small business entities. Of its sole purpose. A moratorium using allowance to 5,000 lb (2.27 mt) to ensure those 53 vessels, only 26 vessels landed the qualifying criteria will prevent that the traditional dependence in the 5,000 lb (2.27 mt) or more of Illex on at overcapitalization that could lead to Illex fishery by small-scale fishermen least one trip in that year. The average overfishing of the resource. The 21st was fully accounted for. number of trips for these vessels was Northeast Stock Assessment Workshop Response 9: NMFS agrees. 12.8 trips. Eighteen of those vessels (SAW 21) determined that the stock of Comment 10: One commenter accounted for 99% of the total landings. Illex is currently fully-utilized and observed that if the resubmission is The total landings for all vessels landing introduced new overfishing definitions disapproved and an open access fishery any Illex in 1993 was 18,017 mt. for the squids to reduce the risk of is permitted to continue, any effort by However, 21 vessels accounted for overfishing these species, which new boats to diversify into the Illex fishery 17,058 mt of the total landings. These information determines lives for only 1 will now result in direct losses to landings represent nearly the entire total year. existing Illex participants. As more allowable catch (i.e., quota) for the Illex vessels come into the fishery, the fishery. Most of the vessels that were National Standard 6 requires behavior patterns of the fishermen will issued the open-access vessel permit management measures to take into begin to shift, and we will be faced with caught no Illex at all. Therefore, it is account and allow for variations among, a derby-style system. If the Illex reasonable to conclude that the and contingencies in fisheries, fishery moratorium permit is approved, economic reliance of these vessels on resources, and catches. SAW 21 opportunities to diversify would still this species is non-existent. It is likely recommended a maximum optimum exist. Mackerel prices on the world that the owners of these vessels hold yield (Max OY) of 24,000 mt for the Illex market are good, and mackerel and Federal permits for other fisheries in fishery. The vessels that will comprise herring both continue to be under- which they are substantial participants the moratorium fishery will be capable exploited. Vessel operators need to and obtained the open-access permit to of taking this amount, although historic spend time and effort with the growing preserve the option of retaining Illex if catches have been below the mackerel processing industry in it was encountered as a bycatch in these recommended Max OY. This will allow Gloucester and New Bedford in order to other fisheries. In light of the foregoing, the Council to set annual quotas taking develop stable markets for this fishery if the directed fishery consists of a into account a range of catches and their interest is diversification. relatively small number of vessels that contingencies based upon future stock Response 10: NMFS agrees. land substantial quantities of Illex per assessments. vessel. This analysis uses the 26 vessels Comment 7: A commenter provided Classification that landed 5,000 lb (2.27 mt) or more several reasons for supporting the Illex The Regional Administrator, on at least one trip in 1993 as the best moratorium measure. He states that the Northeast Region, NMFS, determined estimate of the existing participants in criterion is appropriate because it that this final rule is necessary for the the directed Illex fishery. Based on the confers eligibility on participants with conservation and management of the average number of Illex trips these reasonable dependence on the fishery in Atlantic mackerel, squid, and butterfish vessels made in 1993 (i.e., 12.8), they the specified period. He states that it fishery and that it is consistent with the easily qualify for a Illex moratorium properly does not confer eligibility on Magnuson-Stevens Act and other permit. These 26 vessels are referred to vessel owners who entered the fishery applicable law. as the ‘‘reference fleet’’. The other 27 after that period. This rule has been determined to be vessels that also landed Illex squid in Response 7: NMFS agrees. not significant for purposes of E.O. 1993 are referred to as the ‘‘fringe fleet’’. Comment 8: In support of the Council 12866. Amendment 5, as originally submitted proposal, one commenter stated that a In compliance with the Regulatory by the Council, states that decreased decision by NMFS to disapprove the Flexibility Act (RFA), the Council landings of Illex from fisheries in other Illex moratorium permit will trigger a prepared an initial regulatory flexibility nations are likely to mean increased surge in speculative over-capacity as analysis (IRFA) for the resubmitted value for this species in future years. people fish to gain history, thus causing portion of Amendment 5. The IRFA The value of Illex has been generally a downward spiral in the industry and concluded that this rule would have a increasing for several years due to a shift in fishing behavior to derby significant impact on a substantial decreasing catches in other parts of the system practices. number of small entities. No comments world. As a result, the U.S. Illex fishery Response 8: NMFS agrees. were received on the IRFA. The final would certainly attract additional Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations 28641 participants if entry is not limited. The landings of 2,500 lbs (1.13 mt) or more from 2,500 lbs (1.13 mt) per trip to 5,000 landings data for the fishery of Illex on at least 5 trips; (2) landings lbs (2.27 mt) per trip and by limiting the demonstrate that the reference fleet is of 20,000 lbs or more of Illex during any moratorium to a period of five years capable of taking the entire total quota 30-day period; (3) landings of 5,000 lbs unless extended by another FMP for this species. Data for subsequent (2.27 mt) or more of Illex on at least 1 amendment (a ‘‘sunset provision’’). The years shows that more vessels are trip; (4) landings of 2,500 lbs (1.13 mt) criteria for qualifying for a moratorium entering the fleet and each vessel is or more of Illex on at least 1 trip; and permit were not changed. taking less of the ‘‘pie’’. Since the (5) landings of 1 lb (.45 kg) or more of The original moratorium regime was directed Illex fishery typically involves Illex on at least 1 trip. disapproved because it arbitrarily large vessels that land high volumes of The number of vessels in addition to restricted vessels which have Illex (the total catch for a reference fleet the 26 vessel reference fleet that would historically landed Illex in amounts vessel in 1993 was 1,522,695 lb), each qualify for a moratorium permit under greater than 2,500 lbs (1.13 mt) but less additional vessel participating in the the qualifying criteria considered varies than 5,000 lbs (2.27 mt) per trip to an directed fishery would generate a large from a low of 26 under the eligibility incidental catch allowance of 2,500 lbs amount of Illex landings, creating the criteria implemented in this rule (1.13 mt) per trip. These vessels, which potential for a rapid increase in (resulting in a qualifying fleet of 52 may have routinely caught more than overcapitalization and resultant vessels) to a high of 309 under an the 2,500 lbs (1.13 mt) incidental catch pressure to overfish the resource. Since eligibility criteria of 1 lb (.45 kg) or more allowance proposed, would not qualify there are a total of 52 vessels noted in of Illex landed on at least one trip for a moratorium permit and would Table 1 of resubmitted Amendment 5 between August 13, 1981 and August have had to reduce their landings to that would qualify for a moratorium 13, 1994 (resulting in a qualifying fleet comply with the 2,500 lbs (1.13 mt) permit, the capacity to harvest the entire of 335 vessels). incidental catch allowance. While these quota is extant in the fleet that would In order to assess the impact of this vessels still will not qualify for a qualify for a moratorium permit. It is not rule on small business entities, an moratorium permit, the increased anticipated that there will be a sudden examination must be made of the incidental catch allowance will allow shift of the additional vessels to the impact upon the revenues of the them to harvest as incidental catch at directed fishery, since this sector of the reference fleet under a range of least, and for most vessels, more than fleet has not, to date, exhibited a great assumptions about the participation of their past historical levels. economic reliance on Illex. The 27 the additional vessels. The reference The modified measure implemented vessel in the fringe fleet in 1993 made fleet comprises the small business by this rule was approved by NMFS only an average of 3.9 trips and landed entities that are the substantial because the modifications (increase in participants in the Illex fishery and most incidental catch allowance to 5,000 lbs an average of 1,155 lb of Illex per trip. economically reliant upon it. (2.27 mt) per trip and 5-year sunset This pattern persisted in 1994. It is Because the qualification criteria provision) addressed the concerns that reasonable to conclude that these adopted by the Council and led to the initial disapproval. The vessels have Federal fisheries permits implemented by this final rule would incidental catch allowance of 5,000 lbs for other fisheries on which they are add the smallest number of additional (2.27 mt) will allow sustained small more economically dependant. Also, vessels of all the alternatives vessel participation at or above previous some of owners of these vessels may be considered, it is reasonable to conclude historic levels. Therefore, this deterred from entering the directed Illex that the qualification criteria alternative compared to the original fishery due to the cost of acquiring implemented by this rule would have submission minimizes impacts on small refrigeration equipment necessary to the smallest economic impact upon the entities that do not qualify for a maintain the product quality demanded reference fleet of all the alternatives moratorium permit and thus, cannot by on-shore processors. Because of these considered. This will minimize the participate in the Illex directed fishery. reasons, the Council concluded that significant economic impact on these Increasing the incidental catch there is real justification for a vessel small business entities while taking into allowance to 5,000 lbs (2.27 mt) per trip permit moratorium program to control account the factors that the Council has has no negative conservation effect further expansion of the directed fishery to consider under section 303(b)(6) of because incidental catches are counted to avoid overcapitalization and jeopardy the Magnuson-Stevens Act when against the total quota. While this to the stock. NMFS agrees. limiting access to a fishery. The increase in the incidental catch NMFS landings data is used in the underlying analysis in the resubmitted allowance likely would mean that less resubmitted version of Amendment 5 as Amendment 5 shows that if none of the of the quota will be available to those the basis to estimate the number of additional qualifying vessels make any vessels qualifying for a moratorium vessels additional to the reference fleet landings, the revenue of the reference permit, the effect on the qualifying fleet that would qualify for a moratorium fleet would increase 5.3% if the 1997 likely will be small, since only between permit under various moratorium quota of 19,000 mt is harvested. The 27 and 35 non-qualifying vessels caught permit eligibility criteria including the increase is due to the fact that in 1993 Illex in the 1992 through 1994 fishery one chosen by the Council and total catch was only 18,017 mt. This and it is unlikely any significant implemented by this final rule. Five analysis also examines a range of catch number of additional vessels will elect eligibility criteria in addition to the levels for the additional qualifying to join the harvest because it is not criteria implemented by this rule vessels and shows that reference fleet economically feasible to conduct a (landings of 5,000 lbs (2.27 mt) or more revenues could decrease by as much as directed Illex fishery offshore at the low of Illex on at least 5 trips from August 10.4%. volume permitted by the 5,000 lbs (2.27 13, 1981 - August 13, 1993) were The Illex moratorium regime that was mt) per trip limit given the price per evaluated. Each criterion was evaluated proposed by the Council in its initial pound for landed Illex and the costs for two qualification periods: August 13, submission of Amendment 5 was incurred during a fishing trip. In all 1981 - August 13, 1993; and August 13, modified for the resubmission by likelihood, raising the incidental catch 1981 - August 13, 1994. The five increasing the incidental catch amount to 5,000 lbs (2.27 mt) per trip additional eligibility criteria are: (1) allowance for non-moratorium vessels will be a factor only if the Illex move 28642 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations inshore, a phenomenon which is suggestions for reducing the burden, to Illex squid on at least 5 separate trips uncertain from year to year. NMFS and OMB (see ADDRESSES). prior to December 31, 1994. Raising the incidental catch (B) Application/renewal restrictions. List of Subjects in 50 CFR Part 648 allowance higher than 5,000 lbs (2.27 No one may apply for an initial Illex mt) per trip was not analyzed since the Fisheries, Fishing, Reporting and squid moratorium permit for a vessel 5,000 lbs limit eliminated the arbitrary recordkeeping requirements. after: restriction discussed above. However, as Dated: May 21, 1997. (1) June 26, 1998; or the limit is raised higher and higher Rolland A. Schmitten, (2) The owner retires the vessel from more and more vessels could be lured the fishery. into the incidental catch fishery with Assistant Administrator for Fisheries, National Marine Fisheries Services. (C) Replacement vessels. See consequent negative economic impacts For the reasons set out in the paragraph (a)(3)(i)(C) of this section. on participants in the directed fishery as preamble, 50 CFR part 648, Subpart B, (D) Appeal of denial of permit. See the share available to them was reduced. is amended as follows: paragraph (a)(3)(i)(D) of this section. This would unjustly benefit new (iii) Squid/butterfish incidental catch participants in the incidental catch PART 648ÐFISHERIES OF permit. Any vessel of the United States fishery at the expense of directed fishery NORTHEASTERN UNITED STATES may obtain a permit to fish for or retain participants with a historic economic up to 2,500 lb (1.13 mt) of Loligo squid reliance on this species. 1. The authority citation for part 648 or butterfish, or up to 5,000 lb (2.27 mt) The sunset provision submitted as continues to read as follows: of Illex squid, as an incidental catch in part of the Council’s resubmission will Authority: 16 U.S.C. 1801 et seq. another directed fishery. The incidental require the Council to examine capacity catch allowance may be revised by the in the fishery over the five-year 2. In § 648.4, paragraphs (a)(5)(ii) through (a)(5)(iv) are redesignated as Regional Administrator based upon a moratorium period. Should the Council recommendation by the Council determine that extension of the (a)(5)(iii) through (a)(5)(v), a new paragraph (a)(5)(ii) is added, following the procedure set forth in moratorium is necessary, an § 648.21. amendment, including the analyses introductory text for paragraphs (a)(5) and (a)(5)(i)(A), and newly redesignated (iv) Atlantic mackerel permit. Any required by the Magnuson-Stevens and vessel of the United States may obtain Regulatory Flexibility Acts, will be paragraphs (a)(5)(iii) and (a)(5)(iv) are revised to read as follows: a permit to fish for or retain Atlantic required. mackerel in or from the EEZ. Notwithstanding any other provision § 648.4 Vessel permits. of the law, no person is required to * * * * * respond to, nor shall any person be (a) * * * 3. In § 648.13, paragraph (a) is revised subject to a penalty for failure to comply (5) Mackerel, squid, and butterfish to read as follows: vessels - Any vessel of the United States, with, a collection-of-information subject § 648.13 Transfers at sea. to the requirements of the Paperwork including party and charter vessels, Reduction Act (PRA), unless that must have been issued and carry on (a) Only vessels issued a Loligo and collection of information displays a board a valid vessel permit to fish for, butterfish moratorium or Illex currently valid OMB control number. possess, or land Atlantic mackerel, moratorium permit under § 648.4(a)(5) This rule contains a collection-of- squid, or butterfish in or from the EEZ. and vessels issued a mackerel or squid/ information requirement subject to the (i) Loligo squid and butterfish butterfish incidental catch permit and PRA. This requirement has been moratorium permit. (A) Eligibility. A authorized in writing by the Regional approved by the OMB under control vessel is eligible for a moratorium Administrator to do so, may transfer or number 0648–0202. Public reporting permit to fish for and retain Loligo squid attempt to transfer Loligo, Illex, or burden for the collection of information or butterfish in excess of the incidental butterfish from one vessel to another is estimated to average 30 minutes for catch allowance specified in paragraph vessel. an initial vessel permit application and (a)(5)(iii) of this section, if it meets any * * * * * 15 minutes for a vessel permit renewal of the following criteria: 4. In § 648.14, paragraphs (p)(2) request. * * * * * through (p)(8) are redesignated as (p)(3) The estimated response times include (ii) Illex squid moratorium permit through (p)(9), a new paragraph (p)(2) is the time needed for reviewing (Applicable from July 1, 1997, until July added, and paragraphs (a)(75) and instructions, searching existing data 1, 2002.) newly redesignated paragraph (p)(6) are sources, gathering and maintaining the (A) Eligibility. A vessel is eligible for revised to read: data needed, and completing and a moratorium permit to fish for and § 648.14 Prohibitions. reviewing the collection of information. retain Illex squid in excess of the Public comment is sought regarding: incidental catch allowance specified in (a) * * * Whether this collection of information paragraph (a)(5)(iii) of this section, if it (75) Transfer Loligo, Illex, or is necessary for the proper performance meets any of the following criteria: butterfish within the EEZ, unless the of the functions of the agency, including (1) The vessel landed and sold 5,000 vessels participating in the transfer have whether the information has practical lb (2.27 mt) or more of Illex squid on at been issued a valid Loligo and butterfish utility; the accuracy of the burden least 5 separate trips between August or Illex moratorium permit and are estimate; ways to enhance the quality, 13, 1981, and August 13, 1993; or transferring the species for which the utility, and clarity of the information to (2) The vessel is replacing such a vessels are permitted or have a valid be collected; and ways to minimize the vessel and meets the requirements of squid/butterfish incidental catch permit burden of the collection of information, paragraph (a)(3)(i)(C) of this section; or and a letter of authorization from the including through the use of automated (3) The vessel was under construction Regional Administrator. collection techniques or other forms of for, or was being rerigged for, use in the * * * * * information technology. Send comments directed fishery for Illex squid on (p) * * * regarding burden estimates or any other August 13, 1993, and the vessel landed (2) Possess more than the incidental aspect of this data collection, including and sold 5,000 lb (2.27 mt) or more of catch allowance of Illex squid unless Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Rules and Regulations 28643 issued an Illex squid moratorium vessel has been issued a valid Loligo permit and a letter of authorization by permit. and butterfish or Illex moratorium the Regional Administrator. * * * * * permit and are transferring the species * * * * * (6) Transfer squid or butterfish at sea for which the vessel is permitted or a [FR Doc. 97–13817 Filed 5–23–97; 8:45 am] to another vessel unless that other valid squid/butterfish incidental catch BILLING CODE 3510±22±F 28644

Proposed Rules Federal Register Vol. 62, No. 101

Tuesday, May 27, 1997

This section of the FEDERAL REGISTER AD, Room 1558, 601 E. 12th Street, Docket No. 86–CE–23–AD.’’ The contains notices to the public of the proposed Kansas City, Missouri 64106. Comments postcard will be date stamped and issuance of rules and regulations. The may be inspected at this location returned to the commenter. purpose of these notices is to give interested between 8 a.m. and 4 p.m., Monday Availability of NPRM’s persons an opportunity to participate in the through Friday, holidays excepted. rule making prior to the adoption of the final Service information that applies to the Any person may obtain a copy of this rules. proposed AD may be obtained from NPRM by submitting a request to the Pilatus Britten-Norman Limited, FAA, Central Region, Office of the DEPARTMENT OF TRANSPORTATION Bembridge, Isle of Wight, United Assistant Chief Counsel, Attention: Kingdom PO35 5PR; telephone 44–1983 Rules Docket No. 86–CE–23–AD, Room Federal Aviation Administration 872511; facsimile 44–1983 873246. This 1558, 601 E. 12th Street, Kansas City, information also may be examined at Missouri 64106. 14 CFR Part 39 the Rules Docket at the address above. Discussion FOR FURTHER INFORMATION CONTACT: Mr. [Docket No. 86±CE±23±AD] The FAA has determined that reliance Tom Rodriguez, Program Officer, on critical repetitive inspections on RIN 2120±AA64 Brussels Aircraft Certification Division, aging commuter-class airplanes carries FAA, Europe, Africa, and Middle East Airworthiness Directives; Pilatus an unnecessary safety risk when a Office, c/o American Embassy, B–1000 Britten-Norman Ltd. (Formerly Britten- design change exists that could Brussels, Belgium; telephone (32 2) Norman) BN2A MK. 111 Series eliminate or, in certain instances, 508.2717; facsimile (32 2) 230.6899; or Airplanes reduce the number of those critical Mr. S.M. Nagarajan, Project Officer, inspections. In determining what AGENCY: Small Airplane Directorate, Airplane Federal Aviation inspections are critical, the FAA Administration, DOT. Certification Service, FAA, 1201 considers (1) the safety consequences if ACTION: Notice of proposed rulemaking Walnut, suite 900, Kansas City, Missouri the known problem is not detected (NPRM). 64106; telephone (816) 426–6932; during the inspection; (2) the facsimile (816) 426–2169. SUMMARY: This document proposes to probability of the problem not being revise AD 86–07–02, which currently SUPPLEMENTARY INFORMATION: detected during the inspection; (3) whether the inspection area is difficult requires repetitively inspecting the Comments Invited junction of the torque link lug and to access; and (4) the possibility of Interested persons are invited to damage to an adjacent structure as a upper case of the main landing gear participate in the making of the (MLG) torque link assemblies for cracks result of the problem. proposed rule by submitting such These factors have led the FAA to on Pilatus Britten-Norman Ltd. (Pilatus written data, views, or arguments as establish an aging commuter-class Britten-Norman) BN–2A, BN–2B, BN– they may desire. Communications aircraft policy that requires 2T, and BN2A MK. 111 series airplanes, should identify the Rules Docket incorporating a known design change and replacing any part found cracked number and be submitted in triplicate to when it could replace a critical with a like part. The proposed AD the address specified above. All repetitive inspection. With this policy would remove from the applicability the communications received on or before in mind, the FAA conducted a review BN–2A, BN–2B, and BN–2T series the closing date for comments, specified of existing AD’s that apply to Pilatus airplanes, and would retain the above, will be considered before taking Britten-Norman BN–2A, BN–2B, BN–2T, repetitive inspection and replacement action on the proposed rule. The and BN2A MK. 111 series airplanes. (if necessary) requirements of AD 86– proposals contained in this notice may Assisting the FAA in this review were 07–02 for the BN2A MK. 111 series be changed in light of the comments (1) Pilatus Britten-Norman; (2) the airplanes. The proposed AD results from received. Regional Airlines Association (RAA); (3) the Federal Aviation Administration’s Comments are specifically invited on the Civil Aviation Authority of the determination that additional AD action the overall regulatory, economic, United Kingdom; and (4) several needs to be taken on the BN–2A, BN– environmental, and energy aspects of operators of the affected airplanes. 2B, and BN–2T series airplanes. This the proposed rule. All comments From this review, the FAA has additional action will be addressed in a submitted will be available, both before identified AD 86–07–02, Amendment separate AD. The actions specified by and after the closing date for comments, 39–5382, as one which falls under the the proposed AD are intended to in the Rules Docket for examination by FAA’s aging aircraft policy. AD 86–07– prevent failure of the main landing gear interested persons. A report that 02 currently requires repetitively caused by cracks in the torque link area, summarizes each FAA-public contact inspecting the junction of the torque which could lead to loss of control of concerned with the substance of this link lug and upper case of the main the airplane during landing operations. proposal will be filed in the Rules landing gear (MLG) torque link DATES: Comments must be received on Docket. assemblies for cracks on Pilatus Britten- or before July 2, 1997. Commenters wishing the FAA to Norman BN–2A, BN–2B, BN–2T, and ADDRESSES: Submit comments in acknowledge receipt of their comments BN2A MK. 111 series airplanes, and triplicate to the Federal Aviation submitted in response to this notice replacing any cracked part. Administration (FAA), Central Region, must submit a self-addressed, stamped Pilatus Britten-Norman has developed Office of the Assistant Chief Counsel, postcard on which the following a modification that, when incorporated, Attention: Rules Docket No. 86–CE–23– statement is made: ‘‘Comments to would eliminate the need for the Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules 28645 repetitive inspection requirement of AD Cost Impact 39 of the Federal Aviation Regulations 86–07–02 for the Pilatus Britten-Norman The FAA estimates that nine airplanes (14 CFR part 39) as follows: BN–2A, BN–2B, and BN–2T series in the U.S. registry would be affected by airplanes. The requirements of AD 86– PART 39ÐAIRWORTHINESS the proposed AD, that it would take DIRECTIVES 07–02 should still apply for the Pilatus approximately one workhour per Britten-Norman BN2A MK. 111 series airplane to accomplish the proposed 1. The authority citation for part 39 airplanes. initial inspection, and that the average continues to read as follows: Applicable Service Information labor rate is approximately $60 an hour. Authority: 49 U.S.C. 106(g), 40113, 44701. Based on these figures, the total cost Fairey Hydraulics Limited has issued impact of the proposed AD on U.S. § 39.13 [Amended] Service Bulletin (SB) 32–7 , Issue 3, operators is estimated to be $540 or $60 dated January 30, 1990, and Fairey 2. Section 39.13 is amended by per airplane. This figure only takes into removing Airworthiness Directive (AD) Hydraulics Limited SB 32–10 , Issue 2, account the cost of the proposed initial dated November 10, 1992. These SB’s 86–07–02, Amendment 39–5382, and by inspection and does not take into adding a new AD to read as follows: include procedures for inspecting the account the cost of the proposed Pilatus Britten-Norman Ltd.: Docket No. 86– junction of the torque link lug and repetitive inspections. The FAA has no upper case of the MLG torque link CE–23–AD. Revises AD 86–07–02, way of determining the number of Amendment 39–5382. assemblies on Pilatus Britten-Norman repetitive inspections each of the BN2A MK. 111 series airplanes. Pilatus Applicability: Models MK. 111, BN2A MK. owners/operators would incur over the 111–2, and BN2A MK. 111–3 airplanes (all Britten-Norman SB BN–2/SB. 173, Issue life of the affected airplanes. 3, dated November 16, 1990, references serial numbers), certificated in any category. In addition, the proposed inspections Note 1: This AD applies to each airplane Fairey Hydraulic Limited SB 32–7; and are currently required on the nine Pilatus Britten-Norman SB BN–2/ identified in the preceding applicability affected airplanes. The proposed AD provision, regardless of whether it has been SB.209, Issue 1, dated November 30, would not require any additional modified, altered, or repaired in the area 1992, references Fairey Hydraulic actions over that already required by AD subject to the requirements of this AD. For Limited SB 32–10. 86–07–02. airplanes that have been modified, altered, or The FAA’s Determination repaired so that the performance of the Regulatory Impact requirements of this AD is affected, the The FAA has examined all available The regulations proposed herein owner/operator must request approval for an information related to this subject alternative method of compliance in would not have substantial direct effects accordance with paragraph (f) of this AD. The matter and has determined that: on the States, on the relationship • request should include an assessment of the AD 86–07–02 should be revised to between the national government and effect of the modification, alteration, or repair remove the BN–2A, BN–2B, and BN–2T the States, or on the distribution of on the unsafe condition addressed by this series airplanes from the applicability of power and responsibilities among the AD; and, if the unsafe condition has not been the AD (the BN2A MK. 111 series various levels of government. Therefore, eliminated, the request should include airplanes should still apply); and in accordance with Executive Order specific proposed actions to address it. • Separate AD action should be taken 12612, it is determined that this Compliance: Required prior to further for the Pilatus Britten-Norman BN–2A, proposal would not have sufficient flight after the effective date of this AD (see BN–2B, and BN–2T series airplanes to federalism implications to warrant the Note 2) or within 100 hours time-in-service require a modification to the main preparation of a Federalism Assessment. (TIS) after the last inspection accomplished landing gear torque link assembly. in accordance with AD 86–07–02, whichever For the reasons discussed above, I occurs later, and thereafter at intervals not to Explanation of the Provisions of the certify that this action (1) is not a exceed 100 hours TIS. Proposed AD ‘‘significant regulatory action’’ under Note 2: The ‘‘prior to further flight after the Executive Order 12866; (2) is not a effective date of this AD’’ compliance time Since an unsafe condition has been ‘‘significant rule’’ under DOT was the original initial compliance time of identified that is likely to exist or Regulatory Policies and Procedures (44 AD 86–07–02, and is being retained to develop in other Pilatus Britten-Norman FR 11034, February 26, 1979); and (3) if provide credit and continuity for already- BN2A MK. 111 series airplanes of the promulgated, will not have a significant accomplished and future inspections. same type design, the proposed AD economic impact, positive or negative, To prevent failure of the main landing gear would revise AD 86–07–02 by removing on a substantial number of small entities caused by cracks in the torque link assembly the BN–2A, BN–2B, and BN–2T series under the criteria of the Regulatory area, which could lead to loss of control of airplanes from the applicability of that Flexibility Act. A copy of the draft the airplane during landing operations, accomplish the following: AD. The requirement of repetitively regulatory evaluation prepared for this inspecting the junction of the torque (a) Inspect the junction of the torque link action has been placed in the Rules lug and upper case for cracks (using a 10- link lug and upper case of the MLG Docket. A copy of it may be obtained by power magnifying glass or by dye penetrant torque link assemblies would be contacting the Rules Docket at the methods) in accordance with Fairey retained for the BN2A MK. 111 series location provided under the caption Hydraulics Limited Service Bulletin (SB) 32– airplanes. The FAA will propose ADDRESSES. 7, Issue 3, dated January 30, 1990, or Fairey separate AD action for the BN–2A and Hydraulics SB 32–10, Issue 2, dated BN–2T series airplanes to require a List of Subjects in 14 CFR Part 39 November 10, 1992, as applicable. Pilatus modification that, when incorporated, Air transportation, Aircraft, Aviation Britten-Norman SB BN–2/SB. 173, Issue 3, would eliminate the repetitive safety, Safety. dated November 16, 1990, references Fairey inspection requirement currently Hydraulic Limited SB 32–7; and Pilatus The Proposed Amendment Britten-Norman SB BN–2/SB.209, Issue 1, required by AD 86–07–02. dated November 30, 1992, references Fairey Accomplishment of the proposed Accordingly, pursuant to the Hydraulic Limited SB 32–10. inspections and would be accomplished authority delegated to me by the (b) If cracked parts are found during any in accordance with the previously Administrator, the Federal Aviation of the inspections required by this AD, prior referenced service bulletins. Administration proposes to amend part to further flight, replace the cracked parts 28646 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules with airworthy parts in accordance with the DEPARTMENT OF TRANSPORTATION Service information that applies to the applicable maintenance manual. proposed AD may be obtained from (c) If the landing gear is replaced, only Federal Aviation Administration Pilatus Britten-Norman Limited, equal pairs of the same manufacturer are Bembridge, Isle of Wight, United approved as replacement parts. Mixing of 14 CFR Part 39 Kingdom PO35 5PR; telephone 44–1983 different manufacturer landing gears is not [Docket No. 96±CE±25±AD] 872511; facsimile 44–1983 873246. This authorized. information also may be examined at (d) The intervals between the repetitive RIN 2120±AA64 the Rules Docket at the address above. inspections required by this AD may be adjusted up to 10 percent of the specified Airworthiness Directives; Pilatus FOR FURTHER INFORMATION CONTACT: Mr. interval to allow accomplishing these actions Britten-Norman Ltd. (Formerly Britten- Tom Rodriguez, Program Officer, along with other scheduled maintenance on Norman) BN±2A, BN±2B, and BN±2T Brussels Aircraft Certification Division, the airplane. Series Airplanes FAA, Europe, Africa, and Middle East (e) Special flight permits may be issued in Office, c/o American Embassy, B–1000 AGENCY: Federal Aviation Brussels, Belgium; telephone (32 2) accordance with sections 21.197 and 21.199 Administration, DOT. of the Federal Aviation Regulations (14 CFR 508.2717; facsimile (32 2) 230.6899; or ACTION: Notice of proposed rulemaking 21.197 and 21.199) to operate the airplane to Mr. S.M. Nagarajan, Project Officer, a location where the inspection requirements (NPRM). Small Airplane Directorate, Airplane Certification Service, FAA, 1201 of this AD can be accomplished. SUMMARY: This document proposes to Walnut, suite 900, Kansas City, Missouri (f) An alternative method of compliance or adopt a new airworthiness directive that 64106; telephone (816) 426–6932; adjustment of the initial or repetitive would apply to Pilatus Britten-Norman facsimile (816) 426–2169. compliance times that provides an equivalent Ltd. (Pilatus Britten-Norman) BN–2A, level of safety may be approved by the BN–2B, and BN–2T series airplanes. SUPPLEMENTARY INFORMATION: Manager, Brussels Aircraft Certification The proposed AD would require Comments Invited Division, Europe, Africa, Middle East office, repetitively inspecting the junction of FAA, c/o American Embassy, 1000 Brussels, the torque link lug and upper case of the Interested persons are invited to Belgium. The request should be forwarded main landing gear (MLG) torque link participate in the making of the through an appropriate FAA Maintenance assemblies for cracks, and replacing any proposed rule by submitting such Inspector, who may add comments and then MLG torque link assembly with a written data, views, or arguments as send it to the Manager, Brussels Aircraft Modification A39 MLG torque link they may desire. Communications Certification Division. Alternative methods of assembly, either immediately when should identify the Rules Docket compliance approved for AD 86–07–02 are number and be submitted in triplicate to considered approved as alternative methods cracks are found or after a certain period of compliance for this AD. of time if cracks are not found. the address specified above. All Replacing all MLG torque link communications received on or before Note 3: Information concerning the assemblies with Modification A39 MLG the closing date for comments, specified existence of approved alternative methods of torque link assemblies would eliminate above, will be considered before taking compliance with this AD, if any, may be the need for the repetitive inspections. action on the proposed rule. The obtained from the Brussels Aircraft These proposed repetitive inspections proposals contained in this notice may Certification Division. are currently required by AD 86–07–02 be changed in light of the comments (g) All persons affected by this directive for the BN–2A, BN–2B, and BN–2T received. may obtain copies of the documents referred series airplanes, as well as the BN2A Comments are specifically invited on to herein upon request to Fairey Hydraulics MK. 111 series airplanes. There are no the overall regulatory, economic, Limited, Claverham, Bristol, England; or improved design parts for the BN2A environmental, and energy aspects of Pilatus Britten-Norman Limited, Bembridge, MK. 111 series airplanes. The Federal the proposed rule. All comments Isle of Wight, United Kingdom PO35 5PR, as Aviation Administration (FAA) is applicable; or may examine these documents submitted will be available, both before issuing in a separate action a proposed and after the closing date for comments, at the FAA, Central Region, Office of the revision to AD 86–07–02 to retain the Assistant Chief Counsel, Room 1558, 601 E. in the Rules Docket for examination by repetitive inspection and replacement 12th Street, Kansas City, Missouri 64106. interested persons. A report that (if cracked) requirements for the BN2A (h) This amendment revises AD 86–07–02, summarizes each FAA-public contact MK. 111 series airplanes. Amendment 39–5382. concerned with the substance of this The actions specified in the proposed proposal will be filed in the Rules Issued in Kansas City, Missouri, on May AD are intended to prevent failure of the Docket. 19, 1997. main landing gear caused by cracks in Commenters wishing the FAA to Henry A. Armstrong, the torque link area, which could lead acknowledge receipt of their comments Acting Manager, Small Airplane Directorate, to loss of control of the airplane during submitted in response to this notice Aircraft Certification Service. landing operations. must submit a self-addressed, stamped [FR Doc. 97–13691 Filed 5–23–97; 8:45 am] DATES: Comments must be received on postcard on which the following BILLING CODE 4910±13±U or before July 2, 1997. statement is made: ‘‘Comments to ADDRESSES: Submit comments on the Docket No. 96–CE–25–AD.’’ The proposal in triplicate to the FAA, postcard will be date stamped and Central Region, Office of the Assistant returned to the commenter. Chief Counsel, Attention: Rules Docket Availability of NPRMs No. 96–CE–25–AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri Any person may obtain a copy of this 64106. Comments may be inspected at NPRM by submitting a request to the this location between 8 a.m. and 4 p.m., FAA, Central Region, Office of the Monday through Friday, holidays Assistant Chief Counsel, Attention: excepted. Rules Docket No. 96–CE–25–AD, Room Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules 28647

1558, 601 E. 12th Street, Kansas City, link lug and upper case of the MLG The proposed inspections are Missouri 64106. torque link assemblies, and installing currently required on the 112 affected new Modification A39 MLG torque link airplanes by AD 86–07–02. The Discussion assemblies. Pilatus Britten-Norman SB proposed AD would not require any The FAA has determined that reliance BN–2/SB.170, Issue 4, dated November additional inspection requirements over on critical repetitive inspections on 16, 1990, references Fairey Hydraulic that already required by AD 86–07–02. aging commuter-class airplanes carries Limited SB32–4, Issue 4, dated January In addition, the cost figures referenced an unnecessary safety risk when a 30, 1990. above are based on the presumption that design change exists that could The FAA’s Determination no affected airplane operator has eliminate or, in certain instances, incorporated the proposed inspection- reduce the number of those critical The FAA has examined all available terminating installation. Pilatus Britten- inspections. In determining what information related to this subject Norman does not know the number of inspections are critical, the FAA matter and has determined that: • parts distributed to the affected airplane considers (1) the safety consequences if AD action should be taken for the owners/operators. Numerous sets of Pilatus Britten-Norman BN–2A, BN–2B, the known problem is not detected parts were sent out to the owners/ during the inspection; (2) the and BN–2T series airplanes to require operators of the affected airplanes, but probability of the problem not being the installation of Modification A39 over the years Pilatus Britten-Norman detected during the inspection; (3) MLG torque link assemblies. The has not retained these records. whether the inspection area is difficult repetitive inspections of the junction of to access; and (4) the possibility of the torque link lug and upper case of the The FAA’s Aging Commuter Aircraft damage to an adjacent structure as a MLG torque link assemblies would still Policy result of the problem. be required until the improved parts are These factors have led the FAA to installed; and The intent of the FAA’s aging establish an aging commuter-class • AD 86–07–02 should be revised to commuter airplane program is to ensure aircraft policy that requires remove the BN–2A and BN–2T series safe operation of commuter-class incorporating a known design change airplanes from the applicability of that airplanes that are in commercial service when it could replace a critical AD, but retain the actions for the BN2A without adversely impacting private repetitive inspection. With this policy MK. 111 series airplanes (this is being operators. Of the approximately 112 in mind, the FAA conducted a review proposed in a separate action). airplanes in the U.S. registry that would of existing AD’s that apply to Pilatus be affected by the proposed AD, the Explanation of the Provisions of the Britten-Norman BN–2A, BN–2B, BN–2T, FAA has determined that approximately Proposed AD and BN2A MK. 111 series airplanes. 25 percent are operated in scheduled Assisting the FAA in this review were Since an unsafe condition has been passenger service by 11 different (1) Pilatus Britten-Norman; (2) the identified that is likely to exist or operators. A significant number of the Regional Airlines Association (RAA); (3) develop in other Pilatus Britten-Norman remaining 75 percent are operated in the Civil Aviation Authority of the BN–2A, BN–2B, and BN–2T series other forms of air transportation such as United Kingdom; and (4) several airplanes of the same type design, the air cargo and air taxi. proposed AD would require repetitively operators of the affected airplanes. The proposed action would allow at From this review, the FAA has inspecting the junction of the torque least 1,000 hours TIS after the effective identified AD 86–07–02, Amendment link lug and upper case of the MLG date of the AD before mandatory 39–5382, as one which falls under the torque link assemblies for cracks, and accomplishment of the design FAA’s aging aircraft policy. AD 86–07– replacing any MLG torque link assembly modification (upon the accumulation of 02 currently requires repetitively with a Modification A39 MLG torque 5,000 hours TIS or within the next 1,000 inspecting the junction of the torque link assembly, either immediately when hours TIS after the effective date of the link lug and upper case of the main cracks are found or at a certain period AD, whichever is later). The average landing gear (MLG) torque link of time if cracks are not found. utilization of the fleet for those assemblies for cracks on Pilatus Britten- Installation of the improved part would airplanes in commercial commuter Norman BN–2A, BN–2T, and BN2A MK. eliminate the need for the repetitive 111 series airplanes, and replacing any inspections. Accomplishment of the service is approximately 25 to 50 hours cracked part. proposed inspections and installation TIS per week. Based on these figures, Pilatus Britten-Norman has developed would be in accordance with Fairey operators of commuter airplanes a modification that, when incorporated, Hydraulics Limited SB 32–4, Issue 4, involved in commercial operation would eliminate the need for the dated January 30, 1990. would have to accomplish the proposed repetitive inspection requirement of AD modification within 5 to 10 calendar Cost Impact 86–07–02 for the Pilatus Britten-Norman months (at the least) after the proposed BN–2A, BN–2B, and BN–2T series The FAA estimates that 112 airplanes AD would become effective. For private airplanes. The requirements of AD 86– in the U.S. registry would be affected by owners, who typically operate between 07–02 should still apply for the Pilatus the proposed AD, that it would take 100 to 200 hours TIS per year, this Britten-Norman BN2A MK. 111 series approximately 13 workhours per would allow 5 to 10 years (at the least) airplanes. airplane to accomplish the proposed before the proposed modification would action (1 workhour per inspection and be mandatory. The time it would take Applicable Service Information 12 workhours for the installation), and those in air cargo/air taxi operations Fairey Hydraulics Limited has issued that the average labor rate is before the proposed action would be Service Bulletin (SB) 32–4, Issue 4, approximately $60 an hour. Parts cost mandatory is unknown because of the dated January 30, 1990, which applies approximately $6,200 per airplane. wide variation between each airplane to the Pilatus Britten-Norman BN–2A, Based on these figures, the total cost used in this service. The exact numbers BN–2B, and BN–2T series airplanes. impact of the proposed AD on U.S. would fall somewhere between the This SB includes procedures for operators is estimated to be $781,760 or average for commuter operators and inspecting the junction of the torque $6,980 per airplane. private operators. 28648 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules

Regulatory Flexibility Determination A copy of the full Cost Analysis and BN–2A–27, BN–2B–20, BN–2B–21, BN–2B– and Analysis Regulatory Flexibility Determination for 26, BN–2B–27, and BN–2T airplanes (all the proposed action may be examined at serial numbers), certificated in any category. The Regulatory Flexibility Act of 1980 the FAA, Central Region, Office of the Note 1: This AD applies to each airplane (RFA) was enacted by Congress to Assistant Chief Counsel, Attention: identified in the preceding applicability ensure that small entities are not provision, regardless of whether it has been Rules Docket No. 96–CE–25–AD, Room modified, altered, or repaired in the area unnecessarily or disproportionally 1558, 601 E. 12th Street, Kansas City, burdened by government regulations. subject to the requirements of this AD. For Missouri. airplanes that have been modified, altered, or The RFA requires government agencies repaired so that the performance of the to determine whether rules would have Regulatory Impact requirements of this AD is affected, the a ‘‘significant economic impact on a The regulations proposed herein owner/operator must request approval for an substantial number of small entities,’’ would not have substantial direct effects alternative method of compliance in and, in cases where they would, on the States, on the relationship accordance with paragraph (f) of this AD. The conduct a Regulatory Flexibility between the national government and request should include an assessment of the Analysis in which alternatives to the effect of the modification, alteration, or repair the States, or on the distribution of on the unsafe condition addressed by this rule are considered. FAA Order power and responsibilities among the AD; and, if the unsafe condition has not been 2100.14A, Regulatory Flexibility Criteria various levels of government. Therefore, eliminated, the request should include and Guidance, outlines FAA procedures in accordance with Executive Order specific proposed actions to address it. and criteria for complying with the 12612, it is determined that this Compliance: Required as indicated after RFA. Small entities are defined as small proposal would not have sufficient the effective date of this AD, unless already businesses and small not-for-profit federalism implications to warrant the accomplished. organizations that are independently preparation of a Federalism Assessment. To prevent failure of the main landing gear owned and operated or airports For the reasons discussed above, I caused by cracks in the torque link assembly operated by small governmental area, which could lead to loss of control of certify that this action (1) is not a the airplane during landing operations, jurisdictions. A ‘‘substantial number’’ is ‘‘significant regulatory action’’ under accomplish the following: defined as a number that is not less than Executive Order 12866; (2) is not a (a) Prior to further flight after the effective 11 and that is more than one-third of the ‘‘significant rule’’ under DOT date of this AD or within the next 100 hours small entities subject to a proposed rule, Regulatory Policies and Procedures (44 time-in-service (TIS) after the last inspection or any number of small entities judged FR 11034, February 26, 1979); and (3) if required by AD 86–07–02, whichever occurs to be substantial by the rulemaking promulgated, will not have a significant later, and thereafter at intervals not to exceed official. A ‘‘significant economic economic impact, positive or negative, 100 hours TIS until the installations required impact’’ is defined by an annualized net by paragraph (c) of this AD are accomplished, on a substantial number of small entities inspect the junction of the torque link lug compliance cost, adjusted for inflation, under the criteria of the Regulatory and upper case of all main landing gear which is greater than a threshold cost Flexibility Act. A copy of the draft (MLG) torque link assemblies for cracks level for defined entity types. regulatory evaluation prepared for this (using a 10-power magnifying glass or by dye The entities that would be affected by action has been placed in the Rules penetrant methods). Accomplish these this AD are mostly in the portion of Docket. A copy of it may be obtained by inspections in accordance with the Standard Industrial Classification (SIC) contacting the Rules Docket at the ACCOMPLISHMENT INSTRUCTIONS location provided under the caption section of Fairey Hydraulics Limited Service 4512, Operators of Aircraft for Hire, Bulletin (SB) 32–4, Issue 4, dated January 30, classified as ‘‘unscheduled.’’ FAA Order ADDRESSES. 1990. Pilatus Britten-Norman SB BN–2/ 2100.14A sets the size threshold for List of Subjects in 14 CFR Part 39 SB.170, Issue 4, November 16, 1990, small entities operating aircraft in this references this service bulletin. category at nine or fewer aircraft owned Air transportation, Aircraft, Aviation Note 2: These inspections were initially a and the annualized cost thresholds of at safety, Safety. part of AD 86–07–02, which applied to the least $4,975 (1996 dollars) for The Proposed Amendment BN2A MK. 111 series airplanes as well as the unscheduled operators. A four-year life airplanes affected by this AD. The ‘‘prior to for the torque link assembly and capital Accordingly, pursuant to the further flight after the effective date of this cost of 15-percent would establish an authority delegated to me by the AD’’ compliance time was the original initial Administrator, the Federal Aviation compliance time of AD 86–07–02, and is annualized cost of $2,445 (1996 dollars). being retained to provide credit and This is less than 50-percent of the Administration proposes to amend part 39 of the Federal Aviation Regulations continuity for already-accomplished and threshold cost of $4,975 per year. In future inspections. (14 CFR part 39) as follows: order to incur costs of at least $4,975, (b) If any cracks are found during any of an entity would have to operate three or PART 39ÐAIRWORTHINESS the inspections required by this AD, prior to more of the airplanes referenced in the DIRECTIVES further flight, replace the MLG torque link proposed AD. FAA data shows that only assembly with a Modification A39 MLG five small entities operate three or more 1. The authority citation for part 39 torque link assembly in accordance with the of these airplanes. In addition, this data continues to read as follows: ACCOMPLISHMENT INSTRUCTIONS shows that approximately 60 entities section of Fairey Hydraulics Limited SB No. Authority: 49 U.S.C. 106(g), 40113, 44701. 32–4, Issue 4, dated January 30, 1990. operate the airplanes referenced in the (1) Repetitive inspections are no longer proposed AD, but that only 15 of these § 39.13 [Amended] required when all MLG torque assemblies are entities (one-fourth) operate two or more 2. Section 39.13 is amended by replaced with Modification A39 MLG torque of these airplanes. adding a new airworthiness directive link assemblies. Based on this information, less than (AD) to read as follows: (2) Repetitive inspections may no longer be one-third of the entities would incur required on one MLG torque assembly, but Pilatus Britten-Norman: Docket No. 96–CE– still be required on another if all haven’t been significant operating costs under FAA 25–AD. replaced with a Modification A39 MLG Order 2100.14A. Therefore, the Applicability: Models BN–2, BN–2A, BN– torque link assembly. proposed AD would not significantly 2A–3, BN–2A–6, BN–2A–8, BN–2A–2, BN– (c) Upon the accumulation of 5,000 hours affect a number of small entities. 2A–9, BN–2A–20, BN–2A–21, BN–2A–26, TIS or within the next 1,000 hours TIS after Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules 28649 the effective date of this AD, whichever SUMMARY: The Occupational Safety and Occupational Safety and Health occurs later, unless already accomplished as Health Administration (OSHA) is Administration, Room N3627, 200 specified in paragraph (b) of this AD, replace conducting a review of the Ethylene Constitution Avenue, N.W., each MLG torque link assembly with a Oxide standard in order to determine, Washington, D.C. 20210, Telephone Modification A39 MLG torque link assembly in accordance with of the consistent with Executive Order 12866 (202) 219–4690, extension 134, Fax ACCOMPLISHMENT INSTRUCTIONS on Regulatory Planning and Review and (202) 219–4383. section of Fairey Hydraulics Limited SB No. Section 610 of the Regulatory Flexibility SUPPLEMENTARY INFORMATION: In 1984, 32–4, Issue 4, dated January 30, 1990. Act, whether this standard should be OSHA promulgated a health standard (d) The intervals between the repetitive maintained without change, rescinded, for Ethylene Oxide (29 CFR 1910.1047) inspections required by this AD may be or modified in order to make it more with a permissible exposure limit of 1 adjusted up to 10 percent of the specified effective or less burdensome in part per million parts of air (1 ppm) as interval to allow accomplishing these actions achieving its objectives, to bring it into an 8-hour time-weighted average (49 FR along with other scheduled maintenance on better alignment with the objectives of the airplane. 25734, June 22, 1984). The basis for this (e) Special flight permits may be issued in Executive Order 12866, or to make it action was a determination, based on accordance with sections 21.197 and 21.199 more consistent with the objectives of animal and human data, that exposure of the Federal Aviation Regulations (14 CFR the Regulatory Flexibility Act to achieve to Ethylene Oxide presents a 21.197 and 21.199) to operate the airplane to regulatory goals while imposing as few carcinogenic, mutagenic, genotoxic, a location where the inspection requirements burdens as possible on small employers. reproductive, neurologic and of this AD can be accomplished. Written public comments on all sensitization hazard to workers. The (f) An alternative method of compliance or aspects of compliance with the Ethylene standard provides for, among other adjustment of the initial or repetitive Oxide standard are welcomed. OSHA compliance times that provides an equivalent requirements, methods of exposure will also hold a stakeholder’s meeting to control, personal protective equipment, level of safety may be approved by the provide an opportunity for interested Manager, Brussels Aircraft Certification measurement of employee exposures, Division, Europe, Africa, Middle East office, parties to comment on whether the training, medical surveillance, signs and FAA, c/o American Embassy, 1000 Brussels, Ethylene Oxide standard should be labels, regulated areas, emergency Belgium. The request should be forwarded eliminated, modified, or continued procedures, and recordkeeping. An through an appropriate FAA Maintenance without change to obtain the objectives action level of 0.5 ppm as an 8-hour Inspector, who may add comments and then described above. time weighted average is included as the send it to the Manager, Brussels Aircraft DATES: The public meeting will be held level above which employers must Certification Division. on Monday, June 30, 1997. The meeting initiate certain compliance activities Note 3: Information concerning the will begin at 9:00 a.m. and is scheduled such as periodic employee exposure existence of approved alternative methods of to end at 12:00 p.m. Written comments monitoring and medical surveillance. In compliance with this AD, if any, may be should be received by August 1, 1997 in obtained from the Brussels Aircraft instances where the employer can Certification Division. the OSHA Docket Office at the address demonstrate that employee exposures listed below. (g) All persons affected by this directive are below the action level, the employer may obtain copies of the documents referred ADDRESSES: The public meeting will be is not obligated to comply with most of to herein upon request to Fairey Hydraulics held in Room N3437 of the Frances the requirements of the standard. In Limited, Claverham, Bristol, England; or Perkins Building, 200 Constitution 1988, OSHA amended the Ethylene Pilatus Britten-Norman Limited, Bembridge, Avenue, N.W., Washington, D.C. 20210. Oxide standard by adopting an Isle of Wight, United Kingdom PO35 5PR, as Requests to appear and written excursion limit of 5 ppm averaged over applicable; or may examine these documents comments: OSHA requests that any a sampling period of 15 minutes (53 FR at the FAA, Central Region, Office of the person wishing to appear at the public 11414, April 6, 1988). Assistant Chief Counsel, Room 1558, 601 E. meeting notify OSHA in writing. To 12th Street, Kansas City, Missouri 64106. OSHA estimated in the Final assure that time is provided for oral Regulatory Impact Analysis for the Issued in Kansas City, Missouri, on May comments, the request should be 19, 1997. Ethylene Oxide standard that the received by OSHA no later than standard would have an annual cost of Henry A. Armstrong, Monday, June 23, 1997, and should $35.5 million (49 FR 25734, June 22, Acting Manager, Small Airplane Directorate, identify the person and/or organization 1984). OSHA also estimated that Aircraft Certification Service. intending to appear, address and phone/ between 457 and 871 cancer fatalities [FR Doc. 97–13692 Filed 5–23–97; 8:45 am] fax number, the amount of time would be prevented over a fifty year BILLING CODE 4910±13±U requested, and a brief summary of the period as a result of the standard. comments to be presented. Please send OSHA has selected the Ethylene written requests to appear to Nancy Oxide standard for review in accordance DEPARTMENT OF LABOR Dorris at the address listed below. All with the regulatory review provisions at comments received from interested Section 5 of Executive Order 12866 (58 Occupational Safety and Health parties will be included in Docket H– FR 51735, 51739, Oct. 4, 1993) and Administration 200–C, and will be available for public Section 610 of the Regulatory Flexibility 29 CFR Part 1910 review in the OSHA Docket Office, Act (5 U.S.C. 601 et seq.). The purpose Room N2625, 200 Constitution Avenue, of the review is to determine whether [Docket No. H±200±C] N.W., Washington, D.C. 20210, the standard should be continued Telephone (202) 219–7894. without change, rescinded, or amended Notice of Public Meeting on Review of Persons with disabilities who need to make it more effective or less the Ethylene Oxide Standard (29 CFR special accommodations should contact burdensome in achieving its objectives, 1910.1047) Nancy Dorris, by Monday, June 23, to bring it into better alignment with the 1997, at the address indicated below. AGENCY: Occupational Safety and Health objectives of Executive Order 12866, or Administration, Labor. FOR FURTHER INFORMATION CONTACT: to make it more consistent with the Nancy Dorris, Office of Regulatory objectives of the Regulatory Flexibility ACTION: Notice of public meeting. Analysis, Directorate of Policy, Act to achieve regulatory goals while 28650 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules imposing as little burden as possible on ENVIRONMENTAL PROTECTION Copies of the materials submitted by the small employers. In the event the AGENCY Ohio Environmental Protection Agency determines, based on the results Agency (OEPA) may be examined of this review, that the rule should be 40 CFR Parts 52 and 81 during normal business hours at the rescinded or modified, appropriate [OH107±1b; KY94±9717b; FRL±5830±4] following locations: rulemaking will be initiated. Regulation Development Section, Air An important step in the review Clean Air Act Promulgation of Programs Branch (AR–18J), U.S. process involves the gathering and Extension of Attainment Date for Environmental Protection Agency, analysis of information from affected Ozone Nonattainment Area; Ohio; Region 5, 77 West Jackson Boulevard, persons about their experience with the Kentucky Chicago, Illinois, 60604. rule and any material changes in OEPA, Division of Air Pollution circumstances since issuance of the AGENCY: Environmental Protection Control, 1800 Watermark Drive, rule. This notice requests written Agency (USEPA). Columbus, OH 43215. comments and announces a public ACTION: Proposed rule. FOR FURTHER INFORMATION CONTACT: meeting to provide an opportunity for Randolph O. Cano at (312) 886-6036 or SUMMARY: The USEPA is proposing to interested parties to comment on the Joseph M. LeVasseur at (404) 562–9035. continuing need for, adequacy or extend the attainment date for the inadequacy, and potential improvement Cincinnati-Hamilton interstate moderate SUPPLEMENTARY INFORMATION: of this rule. Comment concerning the ozone nonattainment area from For additional information see the following subjects would assist the November 15, 1996 to November 15, direct final rule published in the rules Agency in determining whether to 1997. This extension is based in part on section of this Federal Register. retain the standard unchanged or to monitored air quality readings for the Dated: May 16, 1997. initiate rulemaking for purposes of national ambient air quality standard revision or recission: (NAAQS) for ozone during 1996. In the A. Stanley Meiburg, 1. The benefits and utility of the rule final rules section of this Federal Acting Regional Administrator, Region 4. in its current form and, if amended, in Register, the USEPA is approving these Dated: May 16, 1997. its amended form; actions as a direct final rule without Valdas V. Adamkus, prior proposal because USEPA views 2. Whether potentially effective and Regional Administrator, Region 5. reasonably feasible alternatives to the these actions as noncontroversial and standard exist; anticipates no adverse comments. A [FR Doc. 97–13752 Filed 5–23–97; 8:45 am] 3. The continued need for the rule; detailed rationale for the approval is set BILLING CODE 6560±50±P 4. The complexity of the rule; forth in the direct final rule. If no 5. Whether and to what extent the adverse comments are received in rule overlaps, duplicates, or conflicts response to that direct final rule, no ENVIRONMENTAL PROTECTION with other Federal, State, and local further activity is contemplated in AGENCY governmental rules; relation to this proposed rule. If USEPA 6. Information on any new receives substantive adverse comments 40 CFR Parts 261, 271, and 302 developments in technology, economic which have not already been responded [SWH±FRL±5831±1] conditions, or other factors affecting the to, the direct final rule will be ability of affected firms to comply with withdrawn and all public comments Extension of Comment Period for the the Ethylene Oxide rule; received will be addressed in a Proposed Identification and Listing of 7. Alternatives to the rule or portions subsequent final rule based on the Hazardous Waste/Petroleum Refining/ of the rule that would minimize proposed rule. USEPA will not institute Notice of Data Availability (NODA) significant impacts on small businesses a second comment period on this action. while achieving the objectives of the AGENCY: Environmental Protection Any parties interested in commenting Agency. Occupational Safety and Health Act; on this action should do so at this time. and ACTION: Proposed rule/notice of data DATES: 8. The effectiveness of the standard as Comments on this proposed rule availability; extension of comment implemented by small entities. must be received on or before June 26, period. Persons making timely written 1997. requests to speak at the public meeting ADDRESSES: Comments may be mailed to SUMMARY: The U.S. Environmental will be given priority for oral comments, Joseph M. LeVasseur at the USEPA Protection Agency (EPA or Agency) is as time permits. Other persons wishing Region 4 address listed below or to J. extending the comment period for the to speak should register at the meeting Elmer Bortzer, Chief, Regulation proposed listing determination for the from 8:30 to 9:00. OSHA will make Development Section, Air Programs petroleum refining industry, which every effort to accommodate individuals Branch (AR-18J), Region 5 at the address appeared in the Federal Register on wishing to speak at the public meeting. listed below. Copies of the material April 8, 1997 (see 62 FR 16747). The submitted by the Kentucky Natural public comment period for this Authority: This document was prepared proposed rule was to end on June 9, under the direction of Gregory R. Watchman, Resources and Environmental Acting Assistant Secretary of Labor for Protection Cabinet(KNREPC) may be 1997. The purpose of this notice is to Occupational Safety and Health, 200 examined during normal business hours extend the comment period to end on Constitution Avenue, N.W., Washington, D.C. at the following locations: July 11, 1997. 20210. Environmental Protection Agency, DATES: EPA will accept public Signed at Washington, D.C., this 20th day Atlanta Federal Center, Region 4 Air comments on this Notice of Data of May, 1997. Planning Branch, 61 Forsyth Street Availability until July 11, 1997. Gregory R. Watchman, S.W. , Atlanta, Georgia 30303–3104. ADDRESSES: Commenters must send an Acting Assistant Secretary. Natural Resources and Environmental original and two copies of their [FR Doc. 97–13799 Filed 5–23–97; 8:45 am] Protection Cabinet, 803 Schenkel comments referencing docket number BILLING CODE 4510±26±P Lane, Frankfort, Kentucky 40601. F–97–PRA–FFFFF to: RCRA Docket Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules 28651

Information Center, Office of Solid call (703) 412–9810 or TDD (703) 412– ENVIRONMENTAL PROTECTION Waste (5305G), U.S. Environmental 3323. For information on specific AGENCY Protection Agency Headquarters (EPA, aspects of the report, contact Maximo HQ), 401 M Street, SW, Washington, (Max) Diaz, Jr. or Robert Kayser, Office 40 CFR Part 372 D.C. 20460. Hand deliveries of of Solid Waste (5304W), U.S. [OPPTS±400113; FRL±5720±8] comments should be made to the Environmental Protection Agency, 401 Arlington, VA, address listed below. M Street, SW, Washington, D.C. 20460. Toxic Chemical Release Reporting; Comments may also be submitted [E-mail addresses and telephone Community Right-to-Know; Additional electronically by sending electronic numbers: [email protected], Time to Report mail through the Internet to: (703) 308–0439; AGENCY: [email protected]. Comments [email protected], (703) Environmental Protection Agency (EPA). in electronic format should also be 308–7304.] identified by the docket number F–97– ACTION: Extension of time for PRA–FFFFF. All electronic comments SUPPLEMENTARY INFORMATION: The submission of reports. must be submitted as an ASCII file proposed rule and Notice of Data avoiding the use of special characters Availability were issued under Section SUMMARY: EPA is announcing that it will and any form of encryption. If 3001(b) of RCRA. EPA proposed and allow facilities required to submit Toxic comments are not submitted provided supplemental analyses Release Inventory (TRI) reports for electronically, EPA is asking (NODA) to list certain wastes generated calendar year 1996 until August 1, 1997, prospective commenters to voluntarily during the refining of petroleum to file those reports. These TRI reports submit one additional copy of their because these wastes may pose a under section 313 of the Emergency comments on labeled personal computer substantial present or potential risk to Planning and Community Right-to- diskettes in ASCII (TEXT) format or a human health or the environment when Know Act and section 6607 of the Pollution Prevention Act would word processing format that can be improperly managed. See 60 FR 57747 otherwise be due on or before July 1, converted to ASCII (TEXT). It is (November 20, 1995) and 62 FR 16747 1997. EPA’s distribution of the reporting essential to specify on the disk label the (April 8, 1997) for a more detailed word processing software and version/ package, which includes extensive explanation of the proposed rule and edition as well as the commenter’s materials and guidance for preparing the NODA. name. This will allow EPA to convert TRI reports, for the 1996 reporting year the comments into one of the word In addition to the notice of extension has been delayed. To allow facilities processing formats utilized by the to the NODA comment period, the adequate time to prepare and submit Agency. Please use mailing envelopes Agency today is including in the docket complete and accurate TRI reports, EPA designed to physically protect the information that was inadvertently is allowing facilities an extra month in submitted diskettes. EPA emphasizes excluded from the NODA and making a which to report. that submission of comments on minor typographical correction. The FOR FURTHER INFORMATION CONTACT: diskettes is not mandatory, nor will it excluded information consists of Tables Maria J. Doa, 202–260–9592, e-mail: result in any advantage or disadvantage A–5.1 through A–5.9 of Appendix A [email protected], for specific to any commenter. and Table 6.7 [Physical and Chemical information on this notice, or for more Commenters should not submit Properties of Benzene and Exposure information on EPCRA section 313, the electronically any confidential business Factors Used in the Dermal Exposure Emergency Planning and Community information (CBI). An original and two Model], all pertaining to the Right-to-Know Hotline, Environmental copies of CBI must be submitted under Supplemental Background Document; Protection Agency, Mail Code 5101, 401 separate cover to: RCRA CBI Document Nongroundwater Pathway Risk M St., SW., Washington, DC 20460, Toll Control Officer, Office of Solid Waste Assessment [F–97–PRA–S0017]. The free: 1–800–535–0202, in Virginia and (5305W), U.S. EPA, 401 M Street, SW, typographical correction in the same Alaska: 703–412–9877 or Toll free TDD: Washington, D.C. 20460. document is as follows: on page C–4 of 1–800–553–7672. Public comments and supporting Appendix C, replace ‘‘(see Section C.3)’’ SUPPLEMENTARY INFORMATION: materials are available for viewing in the RCRA Information Center (RIC), with ‘‘(see Table C.1).’’ Some of this I. Background located at Crystal Gateway I, First Floor, additional information has been added to the rulemaking docket and some will Section 313 of the Emergency 1235 Jefferson Davis Highway, Planning and Community Right-to- be added within the next few weeks, Arlington, VA. The RIC is open from 9 Know Act of 1986, 42 U.S.C. 11023 before the end of the comment period. a.m. to 4 p.m., Monday through Friday, (EPCRA, which is also referred to as excluding federal holidays. To review Consequently, EPA cautions all Title III of the Superfund Amendments docket materials, it is recommended interested parties to check the docket and Reauthorization Act of 1986 (Pub. that the public make an appointment by regularly. L. 99–499)), requires certain facilities calling (703) 603–9230. The public may Dated: May 13, 1997. manufacturing, processing, or otherwise copy a maximum of 100 pages from any Elizabeth A. Cotsworth, using listed toxic chemicals to report regulatory docket at no charge. Acting Director, Office of Solid Waste. their environmental releases of such Additional copies cost $0.15/page. For chemicals annually. Such facilities also [FR Doc. 97–13753 Filed 5–23–97; 8:45 am] information on accessing paper and/or must report pollution prevention and electronic copies of the document, see BILLING CODE 6560±50±P recycling data for such chemicals, the SUPPLEMENTARY INFORMATION section. pursuant to section 6607 of the FOR FURTHER INFORMATION CONTACT: For Pollution Prevention Act (PPA), 42 general information, contact the RCRA U.S.C. 13106. EPCRA section 313 and Hotline at (800) 424–9346 or TDD (800) PPA section 6607 require that covered 553–7672 (hearing impaired). In the facilities report this information on or Washington, D.C., metropolitan area, before July 1 of each year for activities 28652 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules at those facilities during the previous additional month to August 1, 1997, to AFR is http://www.epa.gov/opptintr/ calendar year. EPA is required to put the submit their 1996 TRI reports. However, afr96. EPCRA section 313/PPA section 6607 reports for the 1996 reporting year that B. Fax on Demand information in an electronic data base are filed after August 1, 1997, will be that is accessible to the public. This data subject to EPA enforcement action, Using a faxphone call 202–401–0527 base is commonly referred to as the where appropriate. This allowance of and select item 5100 for an index of Toxics Release Inventory (TRI). State additional time for reporting applies available material and corresponding and local governments, industry, non- only to the EPCRA section 313/PPA item numbers related to this document. government organizations, and the section 6607 reporting obligations for List of Subjects in 40 CFR Part 372 public make extensive use of this data TRI reports otherwise due on July 1, base. 1997, covering calendar year 1996. Environmental protection, Each year, prior to the reporting Nothing in this action shall be Community right-to-know, Reporting deadline, EPA develops and sends to construed to apply to any other EPCRA and recordkeeping requirements, and facilities a reporting package containing reporting obligations, or to any TRI Toxic chemicals. the current TRI reporting form (Form R), reports due for past or future reporting Dated: May 20, 1997. the alternate threshold reporting form years. Further, this allowance of Lynn R. Goldman, (Form A), the list of toxic chemicals additional time for reporting applies Assistant Administrator for Prevention, subject to reporting, and instructions for only to the federal EPCRA section 313/ Pesticides and Toxic Substances. reporting. In recent years, the package PPA section 6607 reporting obligation; it [FR Doc. 97–13798 Filed 5–23–97; 8:45 am] has also included computer diskettes does not apply to independent containing the automated Form R for obligations under State laws which also BILLING CODE 6560±50±F electronic reporting. EPA has found that require TRI-type reports. However, EPA providing this extensive reporting encourages the States with similar package reduces confusion and the requirements that relate to federal TRI FEDERAL COMMUNICATIONS number of reporting errors, and reporting to embrace this allowance of COMMISSION expedites the whole reporting process. additional time. To the extent that this 47 CFR Part 1 In the past, these packages have been action might be construed as rulemaking distributed by early March of the year in subject to section 553 of the [CC Docket No. 92±237, DA 97±1055] which reports are due to allow adequate Administrative Procedure Act, for the time for review and use by the reporting reasons stated above, EPA has The North American Numbering facilities. determined that notice and an Council (NANC) Issues Recommendations on the North II. Additional Time to Report for 1996 opportunity for public comment are impracticable and unnecessary. American Numbering Plan For the 1996 reporting year, EPA Providing for public comment might Administrator, Billing and Collection revised the Form R to collect more further delay reporting, and, because Agent, and Related Rules; Pleading specific information on disposal into there is no substantive change in the Cycle Established underground injection wells and reporting obligation, other than allowing landfills. The Office of Management and AGENCY: Federal Communications an additional month, the public will Budget approved the reporting and Commission. continue to receive the same recordkeeping requirements related to ACTION: Proposed rule. the revised Form R on April 30, 1997. information. Moreover, a further delay SUMMARY: On May 19, 1997, the Because EPA could not print the forms in reporting would almost certainly and instructions until the Agency mean a delay in the release of the Commission released a public notice received approval for the Form R, EPA’s information to the public. Also, public announcing the North American printing and distribution of the 1996 comment would not further inform Numbering Council’s (NANC) Form R will not be complete until June EPA’s decision because the events recommendation for a North American 1997. Thus, facilities subject to TRI giving rise to the need to provide extra Numbering Plan Administrator, Billing reporting may not have sufficient time time for reporting have already and Collection Agent, and related rules to prepare and submit their reports by occurred. In addition, additional notice filed with the Commission on May 15, July 1, 1997. EPA is concerned that in and comment procedures in this 1997. The intended effect of this action rushing to report by July 1, facilities situation would be contrary to the is to make the public aware that the FCC may make errors that would reduce the public interest in timely and accurate is seeking comments on the NANC’s accuracy and utility of the reports and, reporting of data under EPCRA section recommendation. ultimately, the public data base. In 313 and PPA section 6607. DATES: Comments are due by June 20, addition, EPA believes that the delay in III. Availability of the Form R and 1997 and reply comments by July 3, the distribution of the reporting package Instructions 1997. may create concern in the regulated ADDRESSES: Office of the Secretary, community regarding potential A. The Internet Federal Communications Commission, enforcement actions, including civil Notwithstanding the delay in 1919 M Street, NW, Washington, DC penalties, for those facilities submitting distribution of the printed version, the 20554. reports that may contain errors as a revised Form R and Instructions, FOR FURTHER INFORMATION CONTACT: result of the late distribution of the EPA currently are available on the Internet. Marian Gordon or Scott Shefferman, reporting package or reporting after the The Form R and Instructions, which can Network Services Division, Common July 1, 1997 deadline. be downloaded as portable document Carrier Bureau, at (202) 418–2320. In recognition of the importance to format (PDF) files, are available at http:/ SUPPLEMENTARY INFORMATION: State and local governments, industry, /www.epa.gov/opptintr/tri/formr.htm. and the public that facilities submit The Automated Form R (AFR) and Released: May 19, 1997 complete and accurate TRI reports, EPA Instructions is also available on the 1. In a Report and Order released on is allowing all reporting facilities an internet. The internet address for the July 13, 1995 in the above-referenced Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules 28653 docket (Number Administration Order), intellectual property and associated regular business hours in the the Federal Communications hardware including, but not limited to, Commission’s Public Reference Center, Commission (Commission) established systems, software, interface Room 239, 1919 M Street, NW, the North American Numbering Council specifications and supporting Washington, DC 20554. Copies of (NANC) pursuant to the Federal documentation, generated by or comments and reply comments will also Advisory Committee Act, 5 U.S.C., App. resulting from its performance as be available from ITS, at 1231 20th 2 (FACA). The Number Administration NANPA, and to make such property Street, NW, Washington, DC 20036, or Order directed the NANC, among other available to whomever NANC directs, by calling (202) 857–3800. things, to recommend to the free of charge. Such entity must specify 6. Pursuant to the Federal Advisory Commission and to other member any property it proposes to exclude Committee Act, 5 U.S.C., App. 2 Section countries of the North American from the foregoing category of property 9, and consistent with its charter, the Numbering Plan (NANP) a neutral entity based on the existence of such property NANC’s authority is limited to to serve as NANP Administrator and an prior to the entity’s selection as providing advice and recommendations appropriate mechanism for recovering NANPA. Second, the entity selected as to the Commission. All procedural the costs of NANP administration in the the NANPA must perform the NANPA requirements of the Administrative United States. The membership of functions at the price the entity Procedures Act, 5 U.S.C. section 551 et. NANC, which includes thirty-two submitted in its proposal to the NANC seq., and other applicable statutes will voting members and four special non- that formed the basis for the entity’s apply to this proceeding. We will treat voting members, was selected to selection by the NANC. Such entity, this proceeding as a non-restricted represent all viewpoints regarding however, may request from NANC and, rulemaking for purposes of the numbering administration. The with approval by the Commission, Commission’s ex parte rules. See Commission’s charge that the NANC NANC may grant an adjustment in this generally 47 CFR §§ 1.1200(a), 1.1206. recommend an impartial NANP price should the actual number of For further information contact Marian Administrator is consistent with Central Office (CO) code assignments Gordon or Scott Shefferman, Network Congress’s directive in Section 251(e)(1) made per year, the number of Services Division, Common Carrier of the Communications Act of 1934, as numbering plan area codes (NPAs) Bureau, at (202) 418–2320. amended by the Telecommunications requiring relief per year, or, the number Federal Communications Commission. Act of 1996, that an impartial of NPA relief meetings per NPA Geraldine A. Matise, requiring relief exceed 120 percent of numbering administrator be named to Chief, Network Services Division, Common make telecommunications numbering NANPA’s assumptions for the above Carrier Bureau. tasks made in the proposal to the NANC available on an equitable basis. [FR Doc. 97–13762 Filed 5–21–97; 12:25 pm] that formed the basis for the entity’s 2. On May 15, 1997, the Commission BILLING CODE 6712±01±P received the NANC’s Recommendation selection by the NANC. on the NANP Administrator and Billing 4. The NANC also recommends proposed rules, contained in and Collection Agent DEPARTMENT OF THE INTERIOR (Recommendation). Earlier, the NANC attachments to the Recommendation, to govern the performance of the NANPA had received proposals in response to Fish and Wildlife Service its Requirements Document that set and Billing and Collection Agent and to forth the qualities and attributes of the address resolution of numbering 50 CFR Part 17 NANPA and Billing and Collection disputes. Finally, the NANC Agent and the functions that each unanimously recommends NECA as Endangered and Threatened Wildlife would be expected to perform.1 Bell Billing and Collection Agent, subject to and Plants; 12-Month Finding for a Communications Research (Bellcore), the Federal Communications Petition To List the Contiguous United the Center for Communications Commission’s ordering NECA to create States Population of the Canada Lynx an independent and neutral Board of Management Information (CCMI), AGENCY: Fish and Wildlife Service, Lockheed Martin Corporation Directors for NANPA Billing and Collection. Interior. (Lockheed), and Mitretek Systems 5. We seek comments on NANC’s ACTION: Notice of 12-month petition (Mitretek) responded with proposals to Recommendation. Interested parties finding. serve as NANPA. Proposals to serve as should file an original and four copies Billing and Collection Agent were of their comments on the NANC’s North SUMMARY: The Fish and Wildlife Service received from CCMI, Lockheed, and the American Numbering Plan (Service) announces a 12-month finding National Exchange Carriers Association Administrator and Billing and for a petition to list the contiguous (NECA). Collection Agent Recommendation by United States population of the Canada 3. As indicated in the June 20, 1997, and reply comments by lynx (Lynx canadensis) under the Recommendation, a majority of the July 3, 1997, with the Office of the Endangered Species Act of 1973, as NANC (13 members) voted to Secretary, Federal Communications amended. After review of all available recommend Lockheed as the new Commission, 1919 M Street, NW, scientific and commercial information, NANPA for a period of five years and Washington, DC 20554. Comments and the Service finds that listing this a minority (11 members) voted to reply comments should reference CC population is warranted but precluded recommend Mitretek. NANC further Docket No. 92–237. In addition, parties by other higher priority actions to recommends that the entity designated should send two copies to Jeannie amend the List of Threatened and to serve as the NANPA agree to two Grimes, Common Carrier Bureau, FCC, Endangered Wildlife and Plants. conditions. First, such entity must agree Suite 235, 2000 M Street, NW, DATES: The finding announced in this to make available any and all Washington, DC 20554, and one copy to document was made on May 21, 1997. ITS, at 1231 20th Street, NW, ADDRESSES: Information, comments, or 1 The Requirements Document is filed in CC Docket No. 92–237 and is available for inspection Washington, DC 20036. Comments and questions concerning this petition and copying in the Commission’s Public Reference reply comments will be available for should be submitted to the Field Center. public inspection and copying during Supervisor, Montana Field Office, Fish 28654 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules and Wildlife Service, 100 N. Park has consulted experts knowledgeable the lynx is discrete based on the Avenue, Suite 320, Helena, Montana about Canada lynx. On the basis of the international boundary between Canada 59601. The petition finding, supporting best scientific and commercial and the contiguous United States and data, and comments are available for information available, the Service has differences in status and habitat public inspection, by appointment, determined that Canada lynx in the management of Canada lynx between during normal business hours at the contiguous United States constitutes a the United States and Canada. In above address. distinct population segment under the Canada, management of forest lands and FOR FURTHER INFORMATION CONTACT: Act. The Service finds that listing the conservation of wildlife habitat varies Kemper McMaster, Field Supervisor, at Canada lynx population in the depending on Provincial regulations. the above address, telephone (406) 449– contiguous United States is warranted There is no overarching forest practices 5225. but precluded by work on other species legislation in Canada, such as the having higher priority for listing. United States’ National Forest SUPPLEMENTARY INFORMATION: The Canada lynx is a medium-sized Management Act, governing Background cat with long legs; large, well-furred management of national lands and/or paws; long tufts on the ears; and a short, Section 4(b)(3)(B) of the Endangered providing for consideration of wildlife black-tipped tail (McCord and Cardoza habitat requirements. Additionally, Species Act of 1973, as amended (16 1982). The lynx’s long legs and large U.S.C. 1531 et seq.)(Act), requires that, Canada lynx harvest regulations vary, feet make it highly adapted to hunting being regulated by individual Province for any petition to revise the List of in deep snow. Endangered and Threatened Wildlife or, in some cases, individual trapping The historical and present North district. Recent declining lynx numbers and Plants that contains substantial American range of the Canada lynx scientific and commercial information, in southern Canada exacerbated by loss includes Alaska and that part of Canada of lynx habitat along the United States/ the Fish and Wildlife Service (Service) that extends from the Yukon and make a finding within 12 months of the Canadian border severely restricts the Northwest Territories south across the ability for lynx numbers in the date of the receipt of the petition on United States border, and east to New whether the petitioned action is (a) not contiguous United States to improve (M. Brunswick and Nova Scotia. In the DonCarlos, Minnesota Department of warranted, (b) warranted, or (c) contiguous United States, the lynx warranted but precluded from Natural Resources, in litt. 1994; W. historically occurred in the Cascade Krohn, in litt. 1994; R. Lafond, Quebec immediate proposal by other pending Range of Washington and Oregon, south proposals of higher priority. Section Department of Recreation, Fish, and in the Rocky Mountains to Utah and Game, pers. comm. 1994; J. Lanier, pers. 4(b)(3)(C) requires that petitions for Colorado and east along the Canadian which the requested action is found to comm. 1994; J. Litvaitis, University of border to the Great Lakes States and New Hampshire, pers. comm. 1994; C. be warranted but precluded should be Northeast region (McCord and Cardoza Pils, in litt. 1994). Dispersal of Canada treated as though resubmitted on the 1982; Quinn and Parker 1987). Barriers lynx into the contiguous United States date of such finding, i.e., requiring a of unsuitable habitat occur along the is now necessary to replenish lynx subsequent finding to be made within southeastern Great Lakes, the Great numbers because lynx throughout much 12 months. Plains, and Wyoming’s Red Desert. On April 27, 1994, the Service Canada lynx are specialized predators of their contiguous United States range received a petition from the Biodiversity that are highly dependent on the are rare to extirpated. If the Canada lynx Legal Foundation, Evan Frost, Mark snowshoe hare (Lepus americanus) for populations in southern Canada Skatrud, Craig Coonrad, and Michael J. food. Snowshoe hare prefer diverse, rebound, they should be able to help Polly to list the conterminous United early successional forests with stands of replenish lynx numbers in the United States population of North American conifers for cover and shrubby States. If the lynx populations in lynx (Felis lynx canadensis) as understories (Monthey 1986; Koehler southern Canada are unable to rebound, threatened or endangered. On August and Aubry 1994). Canada lynx usually then it appears natural recovery of 26, 1994, the Service published a notice concentrate their foraging in areas Canada lynx in some portions of the (59 FR 44123) of a 90-day finding that where hare numbers are high, but they contiguous United States is unlikely. there was substantial information to also require late successional forests In a general sense, Canada lynx in the indicate that listing this population may with downed logs and windfalls to contiguous United States might be be warranted. On December 27, 1994, provide cover for denning sites, escape, considered biologically and/or the Service published a notice (59 FR and protection from severe weather ecologically significant simply because 66507) indicating that the Service’s 12- (McCord and Cardoza 1982). they represent the southern extent of the month finding was that listing the Based on expert opinion, information species’ overall range. There are Canada lynx in the contiguous United received during and since the original climatic and vegetational differences States was not warranted. On March 27, status review, and Service expertise, the between Canada lynx habitat in the 1997, a resulting Court order remanded Service has determined that resident, contiguous United States and that in the 1994 Canada lynx 12-month finding viable Canada lynx populations existed northern latitudes in Canada (Kuchler back to the Service for reconsideration. in the subalpine/coniferous forests of 1965). In the contiguous United States, The information in this notice is a the Western United States and in the Canada lynx inhabit transition zones summary of the information from the ecotone between boreal and northern that are a mosaic between boreal/ Service’s reassessed and updated 12- hardwood forests in the Eastern United coniferous forest and northern month finding on a petition to list the States. hardwoods, whereas in more northern contiguous United States population of The Service used the new vertebrate latitudes, Canada lynx habitat is the Canada lynx, as required by the U.S. population policy published February 7, boreal forest ecosystem (Barbour et al. District Court. 1996 (61 FR 4722), to determine 1980; McCord and Cardoza 1982; The Service has reexamined the whether the Canada lynx in the Koehler and Aubry 1994; M. Hunter, information in the 1994 administrative contiguous United States constitutes a University of Maine, pers. comm. 1994). record and new information made distinct population segment. The Canada lynx and snowshoe hare available since the 1994 finding, and contiguous United States population of population dynamics in the contiguous Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules 28655

United States are different from those in A. The Present or Threatened Historically, Canada lynx populations northern Canada (Koehler and Aubry Destruction, Modification, or in the Northeast were periodically 1994, Washington Department of Curtailment of Its Habitat or Range. supplemented with transient or Natural Resources 1996). Historically, dispersing individuals from the north Canada lynx and snowshoe hare Human alteration of the abundance, (Litvaitis et al. 1991; J. Lanier, pers. populations have been less cyclic in the species composition, successional comm. 1994). However, over the past contiguous United States, not exhibiting stages, and fragmentation of forests, and several decades, Canada lynx numbers the extreme cyclic population the resulting changes in the forest’s also declined along southern portions of fluctuations of the northern latitudes for capacity to sustain lynx populations, its range in Canada in response to which Canada lynx are noted (Wolff affect lynx habitat. Timber harvest and overexploitation and clearing of forested 1980, Brittell et al. 1989, Koehler and its related activities influence Canada habitat for agriculture, timber, and Aubry 1994, Washington Department of lynx habitat in the contiguous United human settlement (Mills 1990; Natural Resources 1996). The less cyclic States. Intensive tree harvesting (i.e., McAlpine and Heward 1993; Quebec nature of this population has been clearcutting and thinning) can eliminate Department of Recreation, Fish, and attributed to the lower quality and the mosaic of habitats necessary for Game, in litt. 1993). Today, diminished quantity of habitat available in southern Canada lynx survival, including late numbers of Canada lynx in southern latitudes and/or the presence of successional denning and early Canada and the lack of functional additional snowshoe hare predators successional prey habitat. Specifically, dispersal routes from Canadian lynx (Wolff et al. 1982, Koehler and Aubry these activities can result in reduced populations to the Northeast Region 1994). The Service determines that the cover, unusable forest openings, and have substantially restricted the contiguous United States population of monotypic stands with a sparse opportunity for Canada lynx to the Canada lynx is significant under the understory that has been determined to recolonize any available habitat in the Service’s Distinct Vertebrate Population be unfavorable for Canada lynx (Brittell Northeast (Litvaitis et al. 1991; W. Policy. Thus, the Canada lynx in the et al. 1989; de Vos and Matel 1952; Krohn, University of Maine, in litt. contiguous United States qualifies as a Harger 1965; Hatler 1988; Koehler 1990; 1994; R. La Fond, Quebec Department of distinct population segment to be K. Gustafson, pers. comm. 1994; J. Recreation, Fish, and Game, pers. considered for listing under the Act. Lanier, pers. comm. 1994). comm. 1994; J. Lanier, pers. comm. Canada lynx have been observed in 22 Over a relatively short period of time 1994). of the contiguous United States. at the turn of the century in the Great In the Northern and Southern Rocky Historical lynx observations in several Lakes and Northeast Regions, timber Mountain Regions, the majority of States (North Dakota, South Dakota, extraction resulted in the replacement of Canada lynx habitat occurs on public Iowa, Indiana, Ohio, and Virginia) may mature conifer forest with extensive lands. Currently, there are few activities have been a result of transients tracts of very early successional habitat on national forest lands generating the dispersing during periods of high lynx and eliminated cover for lynx and hare early successional timber stands population density elsewhere. However, (Jackson 1961; Barbour et al. 1980; important to snowshoe hares and the Service believes that historical lynx Belcher 1980; Irland 1982). Coniferous Canada lynx (S. Blair, U.S. Forest observations, trapping records, and forests also were cleared for agriculture Service, pers. comm. 1994). In areas of other evidence documented in Maine, during this period. This sudden Washington, timber harvest on national New Hampshire, Vermont, New York, alteration of habitat likely resulted in forest and State lands is likely to exceed Massachusetts, Pennsylvania, Michigan, sharp declines in snowshoe hare the recommended rate of harvest Wisconsin, Minnesota, Washington, numbers over large areas, subsequently described in Canada lynx habitat Oregon, Idaho, Montana, Wyoming, reducing Canada lynx numbers (Jackson management guidelines developed for Utah, and Colorado confirms the Canada 1961; Keener 1971; K. Gustafson, pers. the region (Washington Department of lynx as a viable species in the comm. 1994; J. Lanier, pers. comm. Wildlife 1993). Forest fires naturally maintained contiguous 48 States. Presently, the 1994). The impacts of logging conducted Service is able to confirm the presence mosaics of early successional forest in the Northeast Region during the late of Canada lynx in only the States of stands forming ideal snowshoe hare and 1800’s continue to affect Canada lynx Montana, Washington, Wyoming, and Canada lynx habitat (Todd 1985; Fischer habitat (D. Degraff, pers. comm. 1994; J. Maine. The Service believes the States and Bradley 1987; Quinn and Parker Lanier, pers. comm. 1994). of Idaho, Michigan, Minnesota, 1987). Suppression of forest fires in the Wisconsin, Utah, and Colorado probably Lynx populations have not increased West has allowed forests to mature, have lynx, but they are extremely rare. in the Northeast Region despite some thereby reducing habitat suitability for Lynx are likely extirpated throughout apparent improvements in habitat. snowshoe hares and Canada lynx the remainder of their historical range Forested habitat in the Northeast has (Brittell et al. 1989; Fox 1978; Koehler (New York, Pennsylvania, New increased because of land-use changes 1990; Washington Department of Hampshire, Vermont, Massachusetts, during the past century (Irland 1982; Wildlife 1993; T. Bailey, U.S. Fish and and Oregon). Litvaitis 1993), and in some areas there Wildlife Service, in litt. 1994; H. may be a gradual upward trend in the Golden, pers. comm. 1994). Summary of Factors Affecting the coniferous component as spruce (Picea In the Great Lakes Region, Northeast, Species spp.) and fir (Abies spp.) regenerate and Colorado, clearing of forests for The following information is a beneath hardwood species (D. Degraff, urbanization, ski areas, and agriculture summary and discussion of the five pers. comm. 1994), but fragmentation of has degraded or reduced the available factors or listing criteria as set forth in habitat apparently remains a factor in suitable lynx habitat, reduced the prey section 4(a)(1) of the Act and regulations the continued absence of lynx base, and increased human disturbance (50 CFR part 424) promulgated to populations in the Northeast Region and the likelihood of accidental implement the listing provisions of the (Litvaitis et al. 1991; W. Krohn, trapping, shooting, or highway mortality Act and their applicability to the current University of Maine, in litt. 1994; R. La (de Vos and Matel 1952; Harger 1965; status of the contiguous United States Fond, Quebec Department of Recreation, Belcher 1980; Thiel and Hallowell 1988; population of the Canada lynx. Fish, and Game, pers. comm. 1994). Todd 1985; Thompson 1987; Harper et 28656 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules al. 1990; Brocke et al. 1991; Thompson maximum reproductive success (Quinn Utah has classified the lynx as a and Halfpenny 1991). In some areas, the and Parker 1987; Hatler 1988). sensitive species. Two States officially rapid pace of subdivision for In response to concerns about classify them as extirpated recreational home sites has been substantially declining harvests during (Pennsylvania (J. Belfonti, in litt. 1994) identified as a serious concern to the 1970’s and 1980’s (indicating that and Massachusetts (J. Cardoza, in litt. maintaining the integrity of lynx populations were being 1994)). Despite being classified as small Northeastern forests (Harper et al. 1990). overexploited), Washington, Montana, game or furbearers, Canada lynx are Minnesota, Alberta, British Columbia, fully protected from harvest by Maine B. Overutilization for Commercial, Manitoba, Ontario, Quebec, and Alaska (1967), New York (1967), Minnesota Recreational, Scientific, or Educational severely restricted or closed their lynx (1984), Wyoming (1973), and Oregon (E. Purposes harvest seasons (Bailey et al. 1986; Gaines, pers. comm. 1997). Canada lynx The Service believes that an Hatler 1988; Hash 1990; Washington trapping seasons still occur in Montana overharvest of Canada lynx during the Department of Wildlife 1993; S. Conn, and Idaho, but legal harvest is severely 1970’s and 1980’s has reduced the in litt. 1990; M. DonCarlos, in litt. 1994; restricted. Idaho has a harvest quota of potential for recovery of lynx B. Giddings, in litt. 1994; R. McFetridge, three lynx annually, while Montana populations in the contiguous United Alberta Environmental Protection, in currently has a statewide harvest quota States and has reduced repopulation of litt. 1994; I. McKay, in litt. 1994; M. of two. areas of suitable habitat. Historically, Novak, pers. comm. 1994). Because of On February 4, 1977, the Canada lynx lynx trapping provided a significant continued concern for lynx populations, was included in Appendix II of the economic return in the fur trading neither Washington, Montana, nor Convention on International Trade in industry (Quinn and Parker 1987; Hatler Minnesota have relaxed their Endangered Species of Wild Flora and 1988). This economic incentive restrictions, and many Canadian Fauna (CITES). CITES is an increases the threat of overexploitation provinces still maintain careful control international treaty established to of Canada lynx populations. Where of lynx harvest (Alberta Environmental prevent international trade that may be exploitation is intense and recruitment Protection 1993; Washington detrimental to the survival of plants and is low, trapping can significantly Department of Wildlife 1993; M. animals. However, CITES does not itself depress lynx populations (Koehler and DonCarlos, in litt. 1994; B. Giddings, in regulate take or domestic trade. Aubry 1994). Overutilization of Canada litt. 1994; R. McFetridge, in litt. 1994). Habitat regulatory mechanisms lynx was clearly documented when lynx Where Canada lynx populations have specific to Canada lynx are limited. were substantially overharvested in been substantially reduced or extirpated Although the U.S. Forest Service response to unprecedented high pelt in the contiguous United States, natural classifies lynx as a sensitive species within the contiguous United States, prices during the 1970’s and 1980’s, the recolonization of suitable habitat will few national forests have developed effect of which is still evident today in require migrating lynx from Canadian population viability objectives or the extremely low numbers of lynx in populations. The lynx population in management guidelines required by the the contiguous United States and portions of Quebec apparently has not National Forest Management Act southern Canada (Bailey et al. 1986; B. yet fully recovered despite adequate, because of limited information about Berg, Minnesota Department of Natural increasing hare populations (Quebec Canada lynx requirements. Resources, pers. comm. 1994; D. Mech, Department of Recreation, Fish, and pers. comm. 1994; M. Novak, Ontario Game, in litt. 1993). Because of concern E. Other Natural or Manmade Factors Ministry of Natural Resources, pers. over a potentially declining lynx Affecting Its Continued Existence population, the British Columbia comm. 1994; A. Todd, Alberta Elevated levels of human access into government has closed the season on Department of Forestry, Lands, and forests are a significant threat to Canada Canada lynx for 3 years (A. Fontana, Wildlife, pers. comm. 1994). lynx because they increase the British Columbia Department of Ward and Krebs (1985) concluded likelihood of lynx encountering people, Wildlife, pers. comm. 1994). that human-induced mortality is the which may result in more lynx deaths most important mortality factor for Although overutilization is no longer an immediate concern, the adverse by intentional and unintentional Canada lynx populations. Trapping shooting, trapping, and being hit by mortality has been shown to be entirely impacts of past overharvest continue to threaten Canada lynx survival and automobiles (Hatler 1988; Thiel and additive (i.e., in addition to natural Hallowell 1988; Brittell et al. 1989; mortality) rather than compensatory recovery in the contiguous United States. Koehler and Brittell 1990; Brocke et al. (taking the place of natural mortality) 1991; Andrew 1992; Washington (Brand and Keith 1979). In Minnesota, C. Disease or Predation Department of Wildlife 1993; Brocke et trapping was estimated to account for 81 Disease and predation are not known al. 1993; M. Hunter, University of percent of known lynx mortality during to be factors threatening Canada lynx. Maine, pers. comm. 1994). Human cyclic lows and 58 percent of mortality access into Canada lynx habitat in many during cyclic highs (Henderson 1978). D. The Inadequacy of Existing areas has increased over the last several Additive trapping mortality of Canada Regulatory Mechanisms decades because of increased lynx during the 1970’s and 1980’s Although States provide the Canada construction of roads and trails and the represented an overexploitation that lynx with protection from hunting and growing popularity of snowmobiles and depleted the breeding stock of lynx trapping, currently there are no other off-road vehicles. Poaching and populations in the United States and regulatory mechanisms to protect lynx the increased legal harvest of Canada southern Canada, limiting the ability of habitat from further deterioration. lynx that occurs with greater access has lynx populations to subsequently Canada lynx are classified as been a concern in nearly every State and increase and to repopulate areas of endangered by Vermont (1972), New in many Canadian Provinces. suitable habitat. Lynx populations may Hampshire (1980), Wisconsin (1972), Human access is a particularly have become so severely depleted that Michigan (1987, as threatened in 1983), important factor during periods when they cannot reach their former densities and Colorado (1975). Lynx are classified Canada lynx populations are low and during the periods of abundant prey and as threatened by Washington (1993). concentrated in localized refugia. If Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules 28657 such refugia were accessible, local lynx pending proposals and that expeditious endangered and threatened species and populations could be easily extirpated progress is being made on other listing withdrawals of proposed rules. The by trapping, particularly if there are actions. According to Service policy, Service believes these numbers show incentives such as high pelt prices such species are assigned candidate that expeditious progress is being made (Carbyn and Patriquin 1983; Ward and status and given a listing priority to list species within the resources Krebs 1985; Bailey et al. 1986; J. number. Guidelines for assigning listing available. Weaver, pers. comm. 1994; Koehler and priorities were published in the Federal This warranted but precluded finding Aubry 1994). Register on September 21, 1983 (48 FR automatically elevates the Canada lynx Traffic on highways has been shown 43098). The guidelines describe a to candidate species status. The Service to pose a considerable mortality risk to system for considering three factors in will reevaluate this warranted but Canada lynx (Brocke et al. 1991; B. assigning a species a numerical listing precluded finding 1 year from the date Ruediger, U.S. Forest Service, pers. priority on a scale of 1 to 12. The three of the finding. If sufficient new data or comm. 1997). Dispersing or transient factors are magnitude of threat (high or information become available in the lynx are more vulnerable to traffic moderate to low), immediacy of threat future regarding threats, status of the deaths than residents, because their (imminent or nonimminent), and lynx, etc., the Service will reassess the movement over large areas increases taxonomic distinctiveness (monotypic status of the species. their contact with roads. genus, species, or subspecies/ The Service’s 12-month finding Canada lynx may be displaced or population). For a population, such as contains more detailed information eliminated when competitors (e.g., the Canada lynx, listing priority regarding the above decisions. A copy bobcat (Lynx rufus) or coyote (Canis numbers of 3, 6, 9, or 12 are possible. may be obtained from the Montana latrans)) expand into its range (de Vos The Service believes that several Field Office (see ADDRESSES section). and Matel 1952; Parker et al. 1983; limiting factors pose threats to the Quinn and Parker 1987; M. DonCarlos, continued existence of Canada lynx in References Cited pers. comm. 1994; D. Major, U.S. Fish the contiguous United States, including: A complete list of references cited is and Wildlife Service, pers. comm. 1994; (1) Habitat loss and/or modification available upon request from the J. Weaver, pers. comm. 1994). The (due to human alteration primarily Montana Field Office (see ADDRESSES Canada lynx is at a competitive through timber harvest, road section). disadvantage against these other species construction, and fire suppression); (2) Authors: The primary authors of this because it is a specialized predator, overutilization from past commercial document are Lori Nordstrom, Anne whereas the bobcat and coyote are harvest (trapping) that has resulted in Vandehey and Kevin Shelley (Montana generalists able to feed on a wide variety extremely low populations that remain Field Office); Jeri Wood (Boise Field of prey. Some biologists believe subject to incidental capture from legal Office); Chris Warren (Spokane Field competition has played a significant trapping of other furbearers; (3) Office); and Ted Thomas (Olympia Field role in the decline of Canada lynx inadequate regulatory mechanisms to Office). (Brocke 1982; Parker et al. 1983; E. protect the remaining lynx habitat; and, Bangs, U.S. Fish and Wildlife Service, (4) other factors such as increased Authority: The authority for this action is the Endangered Species Act (16 U.S.C. 1531 pers. comm. 1994). human access into suitable habitat et seq.) Competition between Canada lynx (refugia) and human-induced changes in Dated: May 21, 1997. and other species may be facilitated interspecific competition. The Service through alteration of forests by timber has determined that the overall J. L. Gerst, harvest or other human activities. magnitude of all threats to the small Acting Director, Fish and Wildlife Service. Modified habitat may be more suitable population of Canada lynx in the [FR Doc. 97–13808 Filed 5–21–97; 2:46 pm] to Canada lynx competitors or may contiguous United States is high and the BILLING CODE 4310±55±U facilitate the establishment of a threats are ongoing, thus they are competitor after local extirpation of the imminent. A listing priority of 3 lynx (McCord and Cardoza 1982; Quinn consequently has been assigned for the DEPARTMENT OF COMMERCE and Parker 1987). Canada lynx population in the The threats to resident lynx from legal contiguous United States. National Oceanic and Atmospheric trapping for other species are reduced in Region 6 has determined that listing Administration many regions because there is probably of the Canada lynx is warranted, but limited overlap in the ranges of bobcats development of a proposed rule at this 50 CFR Part 229 or coyotes with the range of lynx (M. time is precluded by work on other [Docket No. 970515117±7117±01; I.D. DonCarlos, pers. comm. 1994; K. Elowe, higher priority species. The Service will 050797D] Maine Department of Inland Fisheries reevaluate this warranted but precluded RIN 0648±AJ85 and Wildlife, pers. comm. 1994; J. finding within 12 months of the date of Lanier, pers. comm. 1994; D. Mech, publication of this notice of finding. The Proposed List of Fisheries for 1998 pers. comm. 1994; Maine Department of Service also may reevaluate the finding Inland Fisheries and Wildlife, in litt. immediately if significant new AGENCY: National Marine Fisheries 1997). Hunting seasons for bobcats may information becomes available in the Service (NMFS), National Oceanic and be a potential threat because of hunters’ next 12 months. Atmospheric Administration (NOAA), difficulty in distinguishing between Before making a warranted but Commerce. bobcat and lynx. precluded finding, the Service must ACTION: Proposed rule; request for show that it is making expeditious comments. Finding progress on listing species. A Section 4(b)(3)(B)(iii) of the Act states congressionally imposed moratorium on SUMMARY: This action proposes changes that the Service may make warranted listing species was lifted on April 26, for 1998 to the List of Fisheries (LOF) but precluded findings if it can 1996. Since that date the Service has required by the Marine Mammal demonstrate that an immediate completed 131 final determinations, Protection Act (MMPA). The proposed proposed rule is precluded by other including publication of final rules for LOF for 1998 reflects new information 28658 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules on interactions between commercial depends on the definitions of the identify fisheries for which efforts to fisheries and marine mammals. Under criteria, the following explanation of the reduce these interactions may be the MMPA, a commercial fishery is to criteria is provided. Although this necessary. In addition, the LOF informs be placed on the LOF in one of three information is available in the the fishing industry which fisheries are categories based upon the level of preambles to the final rule subject to certain provisions of the serious injuries and mortalities that implementing section 118 (60 FR 45086, MMPA. occur to marine mammals incidental to August 30, 1995) and to the final LOF that fishery. The LOF informs the public for 1996 (60 FR 67063, December 28, Registration of the level of interactions with marine 1995), it is repeated here because of the Fishers participating in Category I or mammals in various U.S. commercial importance of this information to II fisheries must be registered under the fisheries and which fisheries are subject understanding how fisheries are to certain provisions of the MMPA such classified. MMPA, as required by 50 CFR 229.4. as the requirement to register for Unless the Authorization Certificate Fishery Classification Criteria Authorization Certificates. program for a fishery is integrated and coordinated with existing fishery DATES: Comments on the proposed rule The fishery classification criteria must be received by August 25, 1997. consist of a two-tiered, stock-specific license, registration or permit systems approach that first addresses the total and related programs, fishers must ADDRESSES: Send comments to Chief, impact of all fisheries on each marine obtain a registration packet from NMFS Marine Mammal Division, Office of mammal stock and then addresses the and submit the completed registration Protected Resources, NMFS, 1315 East- impact of individual fisheries on each West Highway, Silver Spring, MD form and the required registration fee to stock. This approach is based on the 20910. the NMFS Regional Office in which Comments regarding the burden-hour rate, in numbers of animals per year, of their fishery operates. Normally, NMFS estimates or any other aspect of the serious injuries and mortalities due to will send the fisher an Authorization collection of information requirements commercial fishing relative to the Certificate, program decal, and reporting contained in this proposed rule should Potential Biological Removal (PBR) level forms within 60 days of receiving the be sent to the above individual and to for the each marine mammal stock. registration form and registration fee. the Office of Information and Regulatory Tier 1 NMFS has successfully integrated Affairs, OMB, Attention: NOAA Desk If the total annual mortality and registration under the MMPA with state Officer, Washington, DC 20503. serious injury across all fisheries that fishery registration in Washington, FOR FURTHER INFORMATION CONTACT: interact with a stock is less than or Oregon, Alaska, and certain New Robyn Angliss, Office of Protected equal to 10 percent of the PBR level of England fisheries and is actively Resources, 301–713–2322; Douglas such a stock, then all fisheries pursuing integration with state fishery Beach, Northeast Region, 508–281– interacting with this stock would be registration programs in North Carolina 9254; Charles Oravetz, Southeast placed in Category III. Otherwise, these and California. The benefits of Region, 813–570–5301; James Lecky, fisheries are subject to the next tier to integration with existing programs have Southwest Region, 310–980–4015; Brent determine their classification. included a reduction or elimination of Norberg, Northwest Region, 206–526– Tier 2—Category I fees for some commercial fishers, a 6140; Steven Zimmerman, Alaska reduction in paperwork that must be Region, 907–586–7235. Annual mortality and serious injury completed by the fisher, and a reduction of a stock in a given fishery is greater SUPPLEMENTARY INFORMATION: in paperwork that must be completed by than or equal to 50 percent of the PBR NMFS. Background level. Reporting History of the List of Fisheries Tier 2—Category II Section 118 of the MMPA, as Annual mortality and serious injury Vessel owners or operators, or fishers, amended in 1994, requires the annual in a given fishery is greater than 1 in the case of non-vessel fisheries, in publication of a LOF placing all U.S. percent and less than 50 percent of the Category I, II, or III fisheries must commercial fisheries into one of three PBR level. comply with 50 CFR 229.6 and report categories based on the levels of all incidental mortalities and injuries of Tier 2—Category III incidental serious injury and mortality marine mammals during the course of of marine mammals in the fishery. Annual mortality and serious injury commercial fishing operations to NMFS Proposed and final regulations in a given fishery is less than or equal Headquarters. ‘‘Injury’’ is defined in 50 implementing section 118 of the MMPA to 1 percent of the PBR level. CFR 229.2 as a wound or other physical were published in 1995 (60 FR 31666, Tier 1, therefore, considers the harm. In addition, any animal that June 17, 1995, and 60 FR 45086, August cumulative fishery mortality and serious ingests fishing gear, or any animal that 30, 1995, respectively). These injury for a particular stock, while Tier is released with fishing gear entangling, regulations replaced those published to 2 considers fishery-specific mortality for trailing or perforating any part of the implement the old section 114 and a particular stock. Additional details body is considered injured and must be established the procedures NMFS now regarding how threshold percentages reported. Instructions for submission of uses to manage incidental interactions between the categories were determined reports are found at 50 CFR 229.6(a). between marine mammals and U.S. are provided in the preamble to the final commercial fisheries. rule implementing section 118. Observers Definitions of the fishery Requirements for Vessels Participating classification criteria for Category I, II, in Category I and II Fisheries Fishers participating in Category I and and III fisheries are found in the The primary functions of the LOF are II fisheries are required, upon request, to implementing regulations for section to inform the public of the levels of accommodate an observer aboard their 118 (50 CFR part 229). Because interactions with marine mammals in vessels. Observer requirements may be classification of fisheries in the LOF various commercial fisheries and to found at 50 CFR 229.7. Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules 28659

Sources of Information Reviewed During proposing the following changes to the described in the LOF for 1997 (January Development of the Proposed LOF for comprehensive table listing all fisheries: 2, 1997, 62 FR 33) includes all gillnet 1997 and 1998 fishing from 72°30′ W. long to the North Changes Resulting From New Draft In 1996, few changes were made to SARs Carolina-South Carolina border, except the LOF for 1997, because little new for gillnet fisheries in Category III that Draft SARs for 1996 were made occur solely within bays, estuaries and information was available on the level available to the public for review and of interaction between marine mammals rivers. This fishery was classified in comment on January 21, 1997. The table Category II in the 1996 LOF, based on and commercial fisheries. Instead, in the LOF that lists all U.S. commercial NMFS focused its analysis for the a level of incidental mortality and fisheries, the numbers of participants in serious injury of mid-Atlantic coastal proposed LOF for 1997 on those each fishery, and the marine mammal fisheries that it committed to future bottlenose dolphins determined through species and/or stocks incidentally killed examination of stranded animals. Until review in the 1996 LOF. Similarly, the or injured in each fishery was updated final LOF for 1997 (62 FR 33; January 1995, this fishery had been largely to include the following changes unobserved and the only sources of 2, 1997), focused only on certain proposed in the draft SARs: fisheries NMFS had previously information on the level of incidental —The Gulf of Alaska stock of harbor mortality and serious injury were identified and used PBR levels from seals was proposed to be designated 1995. stranded animals and reports submitted as strategic. by fishers. In January 1997, NMFS made —The stock formerly known as the New information on the level of available draft Stock Assessment Alaska harbor porpoise stock was incidental serious injury and mortality Reports (SARs) for 1996 (62 FR 3005; proposed to be divided into three in the U.S. mid-Atlantic coastal gillnet January 21, 1997). These SARs provide stocks: The Southeast Alaska stock, fishery has recently become available to new estimates of total serious injury and the Gulf of Alaska stock, and the NMFS. The following describes this mortality of marine mammals incidental Bering Sea stock. to commercial fisheries and also provide —The Cook Inlet stock of beluga whales new information and specifically new estimates of PBR levels for all U.S. was proposed to be designated as solicits comments on some aspects of stocks. Because these draft SARs strategic. this fishery. provide the best available information —The Western North Atlantic stock of Observer Data on both the level of serious injury and white-sided dolphins was proposed to mortality and the PBR levels, the be designated as non-strategic. The Northeast Fisheries Science proposed LOF for 1998 will be based on In addition, the draft SARs for Alaska Center presented preliminary data at a information provided in these and for the Pacific provided updates to recent meeting of the Mid-Atlantic Take documents. If information in the SARs the numbers of participants in many Reduction Team that estimated 192 changes as a result of public comments commercial fisheries that operate in harbor porpoise were killed annually in or additional review by the Scientific Alaska and in California, respectively. the observed portion of this fishery Review Groups, these updates will be When possible, the number of (NMFS, unpublished data). This incorporated in the final LOF for 1998. participants provided in the table estimate is thought to be a conservative estimate of the total mortality, because Proposed Changes to the LOF reflects the number of active permitholders, rather than the number the observer effort was low (< 5 percent) Marine mammal incidental serious of permitted fishers, to better indicate and because fishing effort was injury and mortality information the level of effort in a fishery. An active calculated based on landings data presented in the draft SARs was permitholder is one that meets the obtained from individual state agencies reviewed for all observed fisheries to minimum landing requirements under from New York to North Carolina that determine whether proposed changes in that permit. Solicitation of Public may not represent total fishing effort. fishery classification is warranted. Other Comments on Particular Aspects of This level of incidental take may be sources of new information, such as Certain Commercial Fisheries. more accurate for the segment of this documents provided to Take Reduction Since the publication of the final LOF fishery that targets dogfish and Teams, were also reviewed. for 1997, certain Take Reduction Teams monkfish, because it is uncertain No changes to the classification of and the draft SARs have highlighted two whether observer coverage in other fisheries currently in the LOF are fisheries, the U.S. mid-Atlantic coastal segments of the fishery are proposed in this LOF. gillnet and a tuna drift gillnet fishery representative of total fishing effort. The Pursuant to section 118, NMFS is that may incur serious injuries or estimated serious injury and mortality required to determine the number of mortalities of marine mammals. NMFS of harbor porpoise in this segment of the participants in each commercial fishery is interested in soliciting public fishery is under 50 percent of the PBR and the marine mammal species and/or comments on specific aspects of the for harbor porpoise; thus, retaining this stocks incidentally injured or killed in prosecution of these fisheries to aid in fishery in Category II at this time is each fishery. The last comprehensive determining whether any changes to the justifiable based on extrapolations from table that provided a list of all fisheries, LOF are necessary. the observer data. the numbers of participants, and the interacting species/stocks was U.S. Mid-Atlantic Coastal Gillnet Data from Stranded Marine Mammals published in the final LOF for 1996 Fishery: Description of the Fishery and Since 1994, data on evidence of (December 28, 1995, 60 FR 67063). Level of Incidental Serious Injury and fishing interactions from stranded Because there were few changes to the Mortality marine mammals has improved in LOF in 1997 (January 2, 1997, 62 FR 33), The U.S mid-Atlantic coastal gillnet certain mid-Atlantic states, particularly a comprehensive table was not fishery (including, but not limited to North Carolina and Virginia. This published but was made available to Atlantic croaker, Atlantic mackerel, improvement in the available people when requested. Because Atlantic sturgeon, black drum, bluefish, information has resulted from better substantial new information has become herring, menhaden, scup, shad, striped training of stranding network volunteers available for construction of this bass, sturgeon, weakfish, white perch, in the recognition of scars and proposed LOF for 1998, NMFS is now yellow perch, dogfish and monkfish) as pathology associated with fishing 28660 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules interactions and increases in beach Solicitation of Public Comments —The type of gear, target species, and survey and necropsy effort. Two reports NMFS has two sources of data on the specific methods of fishing. that provide guidelines for determining level of serious injury and mortality in —Marine mammal species/stocks that whether a marine mammal likely died the mid-Atlantic coastal gillnet fishery: are injured or killed incidental to this as a result of fishery interactions have (1) Observed mortalities of harbor fishery. been published in recent years. These porpoise on vessels targeting monkfish —The number of participants in this improvements in the stranding network and dogfish; and (2) evidence from fishery. will greatly enhance the confidence bottlenose dolphin strandings that were with which NMFS may propose changes likely caused by interactions with —In addition, NMFS seeks public comment on whether this fishery in the LOF based on stranding data gillnet vessels. NMFS currently cannot should be considered part of another alone. use these data sources to evaluate takes in the entire U.S. mid-Atlantic coastal fishery or a separate fishery. Between 1994 and early March 1997, gillnet fishery, as it is currently defined, Information provided on these issues data were collected from stranded dead because the data sources appear to bottlenose dolphins in North Carolina may be used to determine whether this reflect interactions of different species is an active fishery that should be that indicated an average of 17.9 (58 in different segments of the fishery. included on the final LOF for 1998. total interactions divide by 3.25 years) NMFS specifically solicits public bottlenose dolphins strand annually comments on the following: List of Fisheries with identifiable evidence of fishing —Whether it is appropriate to divide the interactions (NMFS, unpublished data). The following two tables list the U.S. mid-Atlantic coastal gillnet commercial fisheries of the United Of these, net marks or attached gear was fishery into different components. States according to their assigned found on an average of 10.5 stranded —If it is appropriate to separate the U.S. categories under Section 118. The bottlenose dolphins per year, of which mid-Atlantic coastal gillnet fishery estimated number of vessels is an average of 4 per year had evidence into different components, what expressed in terms of the number of of monofilament gillnet. The majority of criteria should be used to make that active participants in the fishery, when these strandings are of bottlenose separation. possible. If this information is not —In addition, NMFS seeks other dolphins from the mid-Atlantic coastal available, the estimated number of relevant information from the public stock (NMFS, unpublished data). This vessels or persons licensed for a including specific geographic and level of incidental mortality (4 stranded particular fishery is provided. If no temporal distribution of nearshore bottlenose dolphins per year with recent information is available on the evidence of monofilament gillnet) gillnet fisheries, including target species and type of gear used (e.g., number of participants in a fishery, the justifies placement of this fishery in mesh size, twine diameter). number from the 1996 LOF is used. The Category II but not in Category I. information on which marine mammal The evidence from stranding data U.S. Mid-Atlantic Tuna Drift Gillnet species/stocks are involved is based on clearly indicates that the mid-Atlantic NMFS has received reports that a new observer data, logbook data, stranding coastal bottlenose dolphin stock has fishery using drift gillnet to target tuna reports, and fisher’s reports. Only those consistent interactions with may operate in U.S. mid-Atlantic waters species or stocks known to incur injury monofilament gillnet fisheries. The between New Jersey and Virginia. or mortality are listed. There are a few fisheries that are in Category II and have majority of the strandings of bottlenose Reports indicate that this fishery targets no recent documented interactions with dolphins (both those with evidence of primarily yellowfin and albacore tunas using a mesh size smaller than that marine mammals. Justifications for fishery interactions and those without placement of these fisheries are found in evidence of fishery interactions) occur typically used in the Atlantic Ocean, Caribbean, and Gulf of Mexico large the final LOF for 1996 (December 28, from February through May in North pelagics drift gillnet fishery. Because 1995; 60 FR 45086). Carolina. This temporal distribution of these reports are unsubstantiated to strandings appears to correlate directly An asterisk (*) indicates that the stock date, NMFS specifically solicits is a strategic stock; a plus (+) indicates with nearshore gillnet effort in state information on the following: that the stock is listed as threatened or waters for species such as weakfish and —The specific geographic location of endangered under the Endangered dogfish (NMFS, unpublished data). the fishery. Species Act.

TABLE 1.ÐLIST OF FISHERIES [Commercial Fisheries in the Pacific Ocean]

Estimated number of Fishery description vessels/per- Marine mammal species/stocks incidentally injured/killed sons

Category I: Gillnet fisheries: CA angel shark/halibut and other species large mesh 58 ...... Harbor porpoise, central CA. (>3.5in) set gillnet fishery. Common dolphin, short-beaked, CA/OR/WA. Common dolphin, long-beaked CA. California sea lion, U.S. Harbor seal, CA. Northern elephant seal, CA breeding. Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules 28661

TABLE 1.ÐLIST OF FISHERIESÐContinued [Commercial Fisheries in the Pacific Ocean]

Estimated number of Fishery description vessels/per- Marine mammal species/stocks incidentally injured/killed sons

CA/OR thresher shark/swordfish drift gillnet fishery ...... 130 ...... Steller sea lion, Eastern U.S.*+ Sperm whale, CA to WA.*+ Dall's porpoise, CA/OR/WA. Pacific white sided dolphin, CA/OR/WA. Risso's dolphin, CA/OR/WA. Bottlenose dolphin, CA/OR/WA offshore. Common dolphin, short-beaked, CA/OR/WA. Common dolphin, long-beaked, CA. Northern right whale dolphin, CA/OR/WA. Short-finned pilot whale, CA/OR/WA.* Baird's beaked whale, CA/OR/WA. Mesoplodont beaked whales, CA to WA.* Cuvier's beaked whale, CA/OR/WA. Pygmy sperm whale, CA/OR/WA.* California sea lion, U.S. Harbor seal, CA. Northern elephant seal, CA breeding. Harbor porpoise, OR/WA coastal. Humpback whale, CA/OR/WA-Mexico. Minke whale, CA/OR/WA.* Category II: Gillnet fisheries: AK Prince William Sound salmon drift gillnet ...... 518 ...... Steller sea lion, Western U.S.*+ Northern fur seal, North Pacific.* Harbor seal, GOA.* Pacific white-sided dolphin, central. North Pacific. Harbor porpoise, GOA. Dall's porpoise, AK. AK Peninsula/Aleutians salmon drift gillnet fishery ...... 164 ...... Northern fur seal, North Pacific. Harbor seal, GOA. Harbor seal, Bering Sea. Harbor porpoise, Bering Sea. Dall's porpoise, AK. Northern (Alaska) sea otter, Pacific. AK Peninsula/Aleutian Island salmon set gillnet ...... 109 ...... Steller sea lion, Western U.S.*+ Harbor porpoise, Bering Sea. Southeast Alaska salmon drift gillnet fishery ...... 452 ...... Steller sea lion, Eastern U.S.* + Harbor seal, Southeast AK. Pacific white-sided dolphin, central North Pacific. Harbor porpoise, Southeast Alaska. Dall's porpoise, AK. Humpback whale, central North Pacific.* + AK Cook Inlet drift gillnet ...... 577 ...... Steller sea lion, Western U.S.* + Harbor seal, GOA.* Harbor porpoise, GOA. Dall's porpoise, AK. AK Cook Inlet salmon set gillnet ...... 625 ...... Steller sea lion, Western U.S.* + Harbor seal, GOA.* Harbor porpoise, GOA. Beluga, Cook Inlet.* AK Yakutat salmon set gillnet ...... 147 ...... Harbor seal, Southeast AK. AK Kodiak salmon set gillnet ...... 173 ...... Harbor seal, GOA.* Harbor porpoise, GOA. AK Bristol Bay drift gillnet ...... 1,882 ...... Steller sea lion, Western U.S.* + Northern fur seal, North Pacific.* Harbor seal, Bering Sea. Beluga, Bristol Bay. Gray whale, Eastern North Pacific. Spotted seal, AK. Pacific white-sided dolphin, central. North Pacific. AK Bristol Bay set gillnet ...... 967 ...... Harbor seal, Bering Sea. Beluga, Bristol Bay. Gray whale, Eastern North Pacific. Northern fur seal, North Pacific. AK Metlakatla/Annette Island salmon drift gillnet ...... 60 ...... None documented. 28662 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules

TABLE 1.ÐLIST OF FISHERIESÐContinued [Commercial Fisheries in the Pacific Ocean]

Estimated number of Fishery description vessels/per- Marine mammal species/stocks incidentally injured/killed sons

WA Puget Sound Region salmon drift gillnet fishery (in- 900 ...... Harbor porpoise, inland WA. cludes all inland waters south of U.S.-Canada border Dall's porpoise, CA/OR/WA. and eastward of the Bonilla-Tatoosh lineÐTreaty Indian Harbor seal, WA inland. fishing is excluded). Purse seine fisheries: CA anchovy, mackerel, tuna purse seine ...... 150 ...... Bottlenose dolphin, CA/OR/WA offshore. California sea lion, U.S. Harbor seal, CA. CA squid purse seine ...... 65 ...... Pilot whales, short-finned, CA/OR/WA. AK Southeast salmon purse seine ...... 373 ...... Humpback whale, central North Pacific.* + Trawl fisheries: AK pair trawl ...... 2 ...... None documented. Longline fisheries: OR swordfish floating longline fishery ...... 2 ...... None documented. OR blue shark floating longline fishery ...... 1 ...... None documented. Category III: Gillnet fisheries: AK Prince William Sound set gillnet ...... 22 ...... Steller sea lion, Western U.S.* + Harbor seal, GOA.* AK Kuskokwim, Yukon, Norton Sound, Kotzebue salmon 1,690 ...... None documented. gillnet. AK roe herring and food/bait herring gillnet ...... 16 ...... None documented. WA, OR herring, smelt, shad, sturgeon, bottom fish, mullet, 913 ...... None documented. perch, rockfish gillnet. WA Willapa Bay drift gillnet ...... 82 ...... Harbor seal, OR/WA coast. Northern elephant seal, CA breeding. WA Grays Harbor salmon drift gillnet (excluding treaty Trib- 24 ...... Harbor seal, OR/WA coast. al fishing). WA, OR lower Columbia River (includes tributaries) drift 110 ...... California sea lion, U.S. gillnet. Harbor seal, OR/WA coast. CA set and drift gillnet fisheries that use a stretched mesh 341 ...... None documented. size of 3.5 in or less. AK miscellaneous finfish set gillnet ...... 9 ...... Steller sea lion, Western U.S.* + Hawaii gillnet ...... 115 ...... Bottlenose dolphin, Hawaiian. Spinner dolphin, Hawaiian. Purse seine, beach seine, round haul and throw net fisherie: AK salmon purse seine (except Southeast Alaska, which is 763 ...... Harbor seal, GOA.* in Category II). AK salmon beach seine ...... 8 ...... None documented. AK roe herring and food/bait herring purse seine ...... 480 ...... None documented. AK roe herring and food/bait herring beach seine ...... 7 ...... None documented. AK Metlakatla purse seine ...... 10 ...... None documented. AK octopus/squid purse seine ...... 6 ...... None documented. CA herring purse seine ...... 100 ...... Bottlenose dolphin, CA coastal. California sea lion, U.S. Harbor seal, CA. CA sardine purse seine ...... 120 ...... None documented. CA squid purse seine ...... 145 ...... California sea lion, U.S. AK miscellaneous finfish purse seine ...... 7 ...... None documented. AK miscellaneous finfish beach seine ...... 1 ...... None documented. WA salmon purse seine ...... 440 ...... None documented. WA salmon reef net ...... 53 ...... None documented. WA, OR herring, smelt, squid purse seine or lampara ...... 130 ...... None documented. WA (all species) beach seine or drag seine ...... 235 ...... None documented. HI purse seine ...... 18 ...... None documented. HI opelu/akule net ...... 16 ...... None documented. HI throw net, cast net ...... 47 ...... None documented. Dip net fisheries: WA, OR smelt, herring dip net ...... 119 ...... None documented. CA squid dip net ...... 115 ...... None documented. Marine aquaculture fisheries: WA, OR salmon net pens ...... 21 ...... California sea lion, U.S. CA salmon enhancement rearing pen ...... >1 ...... None documented. OR salmon ranch ...... 1 ...... None documented. Troll fisheries: AK salmon troll ...... 1,278 ...... Steller sea lion, Eastern U.S.*+ CA/OR/WA salmon troll ...... 4,300 ...... None documented. Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules 28663

TABLE 1.ÐLIST OF FISHERIESÐContinued [Commercial Fisheries in the Pacific Ocean]

Estimated number of Fishery description vessels/per- Marine mammal species/stocks incidentally injured/killed sons

AK north Pacific halibut, AK bottom fish, WA, OR, CA alba- 1,354 ...... None documented. core, groundfish, bottom fish, CA halibut non-salmonid troll fisheries. HI trolling, rod and reel ...... 1,795 ...... None documented. Guam tuna troll ...... 50 ...... None documented. Commonwealth of the Northern Mariana Islands tuna troll 50 ...... None documented. American Samoa tuna troll ...... <50 ...... None documented. HI net unclassified ...... 106 ...... None documented. Longline/set line fisheries: AK state waters sablefish long line/set line ...... 240 ...... None documented. Miscellaneous finfish/groundfish longline/set line ...... 1,220 ...... Harbor seal, GOA.* Harbor seal, Bering Sea. Northern elephant seal, CA breeding. Dall's porpoise, AK. Steller sea lion, Western U.S. Harbor seal, Southeast AK. HI swordfish, tuna, billfish, mahi mahi, wahoo, oceanic 140 ...... Hawaiian monk seal, HI.*+ sharks longline/set line. Humpback whale, Central North Pacific.*+ Risso's dolphin, Hawaiian. Bottlenose dolphin, Hawaiian. WA, OR North Pacific halibut longline/set line ...... 350 ...... None documented. AK southern Bering Sea, Aleutian Islands, and Western 226 ...... Northern elephant seal, CA breeding. Gulf of Alaska sablefish longline/set line (federally regu- Killer whale, resident. lated waters). Killer whale, transient. Steller sea lion, western U.S. Pacific white-sided dolphin, central North Pacific. AK halibut longline/set line (state and Federal waters) ...... 2,396 ...... Steller sea lion, Western U.S.*+ WA, OR, CA groundfish, bottomfish longline/set line ...... 367 ...... None documented. AK octopus/squid longline ...... 2 ...... None documented. CA shark/bonito longline/set line ...... 10 ...... None documented. Trawl fisheries: WA, OR, CA shrimp trawl ...... 300 ...... None documented. AK shrimp otter trawl and beam trawl (statewide and Cook 48 ...... None documented. Inlet). AK Gulf of Alaska groundfish trawl ...... 209 ...... Steller sea lion, Western U.S.*+ Northern fur seal, North Pacific.* Harbor seal, GOA.* Dall's porpoise, AK. Northern elephant seal, CA breeding. AK Bering Sea and Aleutian Islands groundfish trawl ...... 186 ...... Steller sea lion, Western U.S.*+ Northern fur seal, North Pacific.* Killer whale, resident. Killer whale, transient. Pacific white-sided dolphin, central North Pacific. Harbor porpoise, Bering Sea. Harbor seal, Bering Sea. Harbor seal, GOA.* Bearded seal, AK. Ringed seal, AK. Dall's porpoise, AK. Ribbon seal, AK. Northern elephant seal, CA breeding. Northern (Alaska) sea otter, Pacific. Walrus, Pacific. AK state-managed waters of Cook Inlet, Kachemak Bay, 8 ...... None documented. Prince William Sound, Southeast AK groundfish trawl. AK miscellaneous finfish otter or beam trawl ...... 391 ...... None documented. AK food/bait herring trawl ...... 3 ...... None documented. WA, OR, CA groundfish trawl ...... 585 ...... Steller sea lion, Western U.S.*+ Northern fur seal, North Pacific.* Pacific white-sided dolphin, central North Pacific. Dall's porpoise, CA/OR/WA. California sea lion, U.S. Harbor seal, OR/WA coast. Pot, ring net, and trap fisheries: AK crustacean pot ...... 1,511 ...... None documented. 28664 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules

TABLE 1.ÐLIST OF FISHERIESÐContinued [Commercial Fisheries in the Pacific Ocean]

Estimated number of Fishery description vessels/per- Marine mammal species/stocks incidentally injured/killed sons

AK Bering Sea, GOA finfish pot ...... 486 ...... Harbor seal, GOA.* Harbor seal, Bering Sea. Northern (AK) sea otter, Pacific. WA, OR, CA sablefish pot ...... 176 ...... None documented. WA, OR, CA crab pot ...... 1,478 ...... None documented. WA, OR shrimp pot & trap ...... 254 ...... None documented. CA lobster, prawn, shrimp, rock crab, fish pot ...... 608 ...... None documented. OR, CA hagfish pot or trap ...... 25 ...... None documented. HI lobster trap ...... 15 ...... Hawaiian monk seal, HI.*+ HI crab trap ...... 22 ...... None documented. HI fish trap ...... 19 ...... None documented. HI shrimp trap ...... 5 ...... None documented. Handline and jig fisheries: ...... AK North Pacific halibut handline and mechanical jig ...... 119 ...... None documented. AK other finfish handline and mechanical jig ...... 598 ...... None documented. AK octopus/squid handline ...... 2 ...... None documented. WA groundfish, bottomfish jig ...... 679 ...... None documented. HI aku boat, pole and line ...... 54 ...... None documented. HI inshore handline ...... 650 ...... Bottlenose dolphin, HI. HI deep sea bottomfish ...... 434 ...... Hawaiian monk seal, HI.*+ HI tuna ...... 144 ...... Rough-toothed dolphin, HI. Bottlenose dolphin, HI. Hawaiian monk seal, HI.*+ Guam bottomfish ...... < 50 ...... None documented. Commonwealth of the Northern Mariana Islands bottomfish <50 ...... None documented. American Samoa bottomfish ...... <50 ...... None documented. Harpoon fisheries: ...... CA swordfish harpoon ...... 228 ...... None documented. Pound net/weir fisheries: AK Southeast Alaska herring food/bait pound net ...... 4 ...... None documented. WA herring brush weir ...... 1 ...... None documented. Bait pens: WA/OR/CA bait pens ...... 13 ...... None documented. Dredge fisheries: Coastwide scallop dredge ...... 106 ...... None documented. Dive, hand/mechanical collection fisheries: AK abalone ...... 44 ...... None documented. AK dungeness crab ...... 2 ...... None documented. AK herring spawn-on-kelp ...... 314 ...... None documented. AK urchin and other fish/shellfish ...... 17 ...... None documented. AK clam hand shovel ...... 53 ...... None documented. AK clam mechanical/hydraulic fishery ...... 104 ...... None documented. WA herring spawn-on-kelp ...... 4 ...... None documented. WA/OR sea urchin, other clam, octopus, oyster, sea cu- 637 ...... None documented. cumber, scallop, ghost shrimp hand, dive, or mechanical collection. CA abalone ...... 111 ...... None documented. CA sea urchin ...... 583 ...... None documented. HI squiding, spear ...... 267 ...... None documented. HI lobster diving ...... 6 ...... None documented. HI coral diving ...... 2 ...... None documented. HI handpick ...... 135 ...... None documented. WA shellfish aquaculture ...... 684 ...... None documented. WA, CA kelp ...... 4 ...... None documented. HI fish pond ...... 10 ...... None documented. Commercial passenger fishing vessel (charter boat) fisheries: AK, WA, OR, CA commercial passenger fishing vessel ...... >17,000 None documented. (16,276 AK only). AK octopus/squid ``other'' ...... 19 ...... None documented. HI ``other'' ...... 114 ...... None documented. Live finfish/shellfish fisheries: CA finfish and shellfish live trap/hook-and-line ...... 93 ...... None documented. * Marine mammal stock is strategic. + Stock is listed as threatened or endangered under the ESA, or as depleted under the MMPA, or is proposed to be listed as strategic in the draft SARs for 1996. Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules 28665

List of Abbreviations Used in Table 1 CA—California OR—Oregon HI—Hawaii WA—Washington AK—Alaska GOA—Gulf of Alaska

TABLE 2.ÐLIST OF FISHERIES [Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean]

Estimated number of Description of fishery vessels/per- Marine mammal species/stocks incidentally injured/killed sons

Category I: Gillnet fisheries: Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics 15 ...... North Atlantic right whale, WNA.*+ drift gillnet. Humpback whale, WNA.*+ Sperm whale, WNA.*+ Dwarf sperm whale, WNA.* Pygmy sperm whale, WNA.* Cuvier's beaked whale, WNA.* True's beaked whale, WNA.* Gervais' beaked whale, WNA.* Blainville's beaked whale, WNA.* Risso's dolphin, WNA. Long-finned pilot whale, WNA.* Short-finned pilot whale, WNA.* White-sided dolphin, WNA. Common dolphin, WNA.* Atlantic spotted dolphin, WNA.* Pantropical spotted dolphin, WNA.* Striped dolphin, WNA. Spinner dolphin, WNA. Bottlenose dolphin, WNA offshore.* Harbor porpoise, GME/BF.* Northeast multispecies sink gillnet (including species as 341 ...... North Atlantic right whale, WNA.*+ defined in the Multispecies Fisheries Management Plan Humpback whale, WNA.*+ and spiny dogfish and monkfish). Minke whale, Canadian east coast. Killer whale, WNA. White-sided dolphin, WNA. Striped dolphin, WNA. Bottlenose dolphin, WNA offshore. Harbor porpoise, GME/BF.* Harbor seal, WNA. Gray seal, Northwest North Atlantic. Common dolphin. Fin whale. Spotted dolphin. False killer whale. Harp seal. Longline fisheries: Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics 361 ...... Humpback whale, WNA.*+ longline. Minke whale, Canadian east coast. Risso's dolphin, WNA. Long-finned pilot whale, WNA.* Short-finned pilot whale, WNA.* Common dolphin, WNA.* Atlantic spotted dolphin, WNA.* Pantropical spotted dolphin, WNA. Striped dolphin, WNA. Bottlenose dolphin, WNA offshore.* Bottlenose dolphin, GMX Outer Continental Shelf. Bottlenose dolphin, GMX Continental Shelf Edge and Slope. Atlantic spotted dolphin, Northern GMX. Pantropical spotted dolphin, Northern GMX. Risso's dolphin, Northern GMX. Harbor porpoise, GME/BF.* Trap/pot fisheriesÐlobster: Gulf of Maine, U.S. mid-Atlantic lobster trap/pot ...... 13,000 ...... North Atlantic right whale, WNA.*+ Humpback whale, WNA.*+ Fin whale, WNA.* Minke whale, Canadian east coast. White-sided dolphin, WNA. Harbor seal, WNA. 28666 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules

TABLE 2.ÐLIST OF FISHERIESÐContinued [Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean]

Estimated number of Description of fishery vessels/per- Marine mammal species/stocks incidentally injured/killed sons

Category II: Gillnet fisheries: U.S. mid-Atlantic coastal gillnet fishery ...... >655 ...... Humpback whale, WNA.*+ Minke whale, Canadian east coast. Bottlenose dolphin, WNA offshore.* Bottlenose dolphin, WNA coastal.*+ Harbor porpoise, GME/BF.* Gulf of Maine small pelagics surface gillnet ...... 133 ...... Humpback whale, WNA.*+ White-sided dolphin, WNA. Harbor seal, WNA. Southeastern U.S. Atlantic shark gillnet fishery ...... 10 ...... Bottlenose dolphin, WNA coastal.* North Atlantic right whale, WNA.*+ Trawl fisheries: Atlantic squid, mackerel, butterfish trawl ...... 620 ...... Common dolphin, WNA.* Risso's dolphin, WNA.* Long-finned pilot whale, WNA.* Short-finned pilot whale, WNA.* White-sided dolphin, WNA. Haul seine fisheries: North Carolina haul seine ...... unknown ...... Bottlenose dolphin, WNA coastal.* Harbor porpoise, GME/BF.* Stop net fisheries: North Carolina roe mullet stop net ...... 13 ...... Bottlenose dolphin, WNA coastal.* Category III: Gillnet fisheries: Rhode Island, southern Massachusetts (to Monomoy Is- 32 ...... Humpback whale, WNA.*+ land), and New York Bight (Raritan and Lower New York Bottlenose dolphin, WNA coastal.*+ Bays) inshore gillnet. Harbor porpoise, GME/BF.* Long Island Sound inshore gillnet ...... 20 ...... Humpback whale, WNA.*+ Bottlenose dolphin, WNA coastal.*+ Harbor porpoise, GME/BF.* Delaware Bay inshore gillnet ...... 60 ...... Humpback whale, WNA.*+ Bottlenose dolphin, WNA coastal.*+ Harbor porpoise, GME/BF.* Chesapeake Bay inshore gillnet ...... 45 ...... None documented. North Carolina inshore gillnet ...... 94 ...... None documented. Gulf of Mexico inshore gillnet (black drum, sheepshead, Unknown ...... None documented. weakfish, mullet, spot, croaker). Gulf of Maine, Southeast U.S. Atlantic coastal shad, stur- 1,285 ...... Minke whale, Canadian east coast. geon gillnet (includes waters of North Carolina). Harbor porpoise, GME/BF.* Bottlenose dolphin, WNA coastal.*+ Gulf of Mexico coastal gillnet (includes mullet gillnet fishery Unknown ...... Bottlenose dolphin, Western GMX coastal. in LA and MS). Bottlenose dolphin, Northern GMX coastal. Bottlenose dolphin, Eastern GMX coastal. Bottlenose dolphin, GMX Bay, Sound, & Estuarine.* Southeastern U.S. Atlantic coastal gillnet ...... Unknown ...... Bottlenose dolphin, WNA coastal.*+ Florida east coast, Gulf of Mexico pelagics king and Span- 271 ...... Bottlenose dolphin, Western GMX coastal. ish mackerel gillnet. Bottlenose dolphin, Northern GMX coastal. Bottlenose dolphin, Eastern GMX coastal. Bottlenose dolphin, GMX Bay, Sound, & Estuarine.* Trawl fisheries: North Atlantic bottom trawl ...... 1,052 ...... Long-finned pilot whale, WNA.* Short-finned pilot whale, WNA.* White-sided dolphin, WNA. Striped dolphin, WNA. Bottlenose dolphin, WNA offshore.* Mid-Atlantic, Southeastern U.S. Atlantic, Gulf of Mexico >18,000 ...... Bottlenose dolphin, WNA coastal.*+ shrimp trawl. Gulf of Maine northern shrimp trawl ...... 320 ...... None documented. Gulf of Maine, Mid-Atlantic sea scallop trawl ...... 215 ...... None documented. Gulf of Maine, Southern North Atlantic, Gulf of Mexico 5 ...... None documented. coastal herring trawl. Mid-Atlantic mixed species trawl ...... >1,000 ...... None documented. Gulf of Mexico butterfish trawl ...... 2 ...... Atlantic spotted dolphin, Northern GMX. Pantropical spotted dolphin, Northern GMX. Georgia, South Carolina, Maryland whelk trawl ...... 25 ...... None documented. Calico scallops trawl ...... 200 ...... None documented. Bluefish, croaker, flounder trawl ...... 550 ...... None documented. Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules 28667

TABLE 2.ÐLIST OF FISHERIESÐContinued [Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean]

Estimated number of Description of fishery vessels/per- Marine mammal species/stocks incidentally injured/killed sons

Crab trawl ...... 400 ...... None documented. U.S. Atlantic monkfish trawl ...... Unknown ...... Common dolphins, WNA.* Marine aquaculture fisheries: Finfish aquaculture ...... 48 ...... Harbor seals, WNA. Shellfish aquaculture ...... Unknown ...... None documented. Purse seine fisheries: Gulf of Maine Atlantic herring purse seine ...... 30 ...... Harbor porpoise, GME/BF.* Harbor seal, WNA. Gray seal, Northwest North Atlantic. Mid-Atlantic menhaden purse seine ...... 22 ...... Bottlenose dolphin, WNA coastal.*+ Gulf of Maine menhaden purse seine ...... 50 ...... None documented. Gulf of Mexico menhaden purse seine ...... 50 ...... Bottlenose dolphin, Northern GMX coastal. Florida west coast sardine purse seine ...... 10 ...... Bottlenose dolphin, Eastern GMX coastal. U.S. Atlantic tuna purse seine ...... Unknown ...... None documented. U.S. mid-Atlantic hand seine ...... > 250 ...... None documented. Longline/hook-and-line fisheries: Gulf of Maine tub trawl groundfish bottom longline/hook- 46 ...... Harbor seal, WNA. and-line. Gray seal, Northwest North Atlantic. Southeastern U.S. Atlantic, Gulf of Mexico snapper-group- 3,800 ...... None documented. er and other reef fish bottom longline/hook-and-line. Southeastern U.S. Atlantic, Gulf of Mexico shark bottom 124 ...... None documented. longline/hook-and-line. Gulf of Maine, U.S. mid-Atlantic tuna, shark swordfish 26,223 ...... None documented. hook-and-line/harpoon. Southeastern U.S. Atlantic, Gulf of Mexico & U.S. mid-At- 1,446 ...... None documented. lantic pelagic hook-and-line/harpoon. Trap/pot fisheriesÐlobster and crab: Gulf of Maine, U.S. mid-Atlantic mixed species trap/pot ..... 100 ...... North Atlantic right whale, WNA.*+ Humpback whale, WNA.*+ Minke whale, Canadian east coast. Harbor porpoise, GME/BF.* Harbor seal, WNA. Gray seal, Northwest North Atlantic. U.S. mid-Atlantic and Southeast U.S. Atlantic black sea 30 ...... None documented. bass trap/pot. U.S. mid-Atlantic eel trap/pot ...... >700 ...... None documented. Atlantic Ocean, Gulf of Mexico blue crab trap/pot ...... 20,500 ...... Bottlenose dolphin, WNA coastal.* Bottlenose dolphin, Western GMX coastal. Bottlenose dolphin, Northern GMX coastal. Bottlenose dolphin, Eastern GMX coastal. Bottlenose dolphin, GMX Bay, Sound, & Estuarine.* West Indian manatee, FL.*+ Southeastern U.S. Atlantic, Gulf of Mexico, Caribbean 750 ...... West Indian manatee, FL.*+ spiny lobster trap/pot. Stop seine/weir/pound fisheries: Gulf of Maine herring and Atlantic mackerel stop seine/weir 50 ...... North Atlantic right whale, WNA.* Humpback whale, WNA.*+ Minke whale, Canadian east coast. Harbor porpoise, GME/BF.* Harbor seal, WNA. Gray seal, Northwest North Atlantic. U.S. mid-Atlantic mixed species stop/seine/weir (except the 500 ...... None documented. North Carolina roe mullet stop net). U.S. mid-Atlantic crab stop seine/weir ...... 2,600 ...... None documented. Dredge fisheries: Gulf of Maine, U.S. mid-Atlantic sea scallop dredge ...... 233 ...... None documented. U.S. mid-Atlantic offshore surfclam and quahog dredge ..... 100 ...... None documented. Gulf of Maine mussel ...... > 50 ...... None documented. U.S. mid-Atlantic/Gulf of Mexico oyster ...... 7,000 ...... None documented. Haul seine fisheries: Southeastern U.S. Atlantic, Caribbean haul seine ...... 150 ...... None documented. Beach seine fisheries: Caribbean beach seine ...... 15 ...... West Indian manatee, FL.+ Dive, hand/mechanical collection fisheries: Gulf of Maine urchin dive, hand/mechanical collection ...... > 50 ...... None documented. Atlantic Ocean, Gulf of Mexico, Caribbean shellfish dive, 20,000 ...... None documented. hand/mechanical collection. 28668 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Proposed Rules

TABLE 2.ÐLIST OF FISHERIESÐContinued [Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean]

Estimated number of Description of fishery vessels/per- Marine mammal species/stocks incidentally injured/killed sons

Commercial passenger fishing vessel (charter boat) fisheries: Atlantic Ocean, Gulf of Mexico, Caribbean commercial pas- 4,000 ...... None documented. senger fishing vessel. * Marine mammal stock is strategic + Stock is listed as threatened or endangered under the ESA, or as depleted under the MMPA, or is proposed to be listed as strategic in the draft SARs for 1996.

List of Abbreviations Used in Table 2 programs, so only approximately 1,600 Management and Budget (OMB) under fishers must register separately under this FL—Florida OMB control numbers 0648–0292 (0.15 program. This proposed rule, if adopted, hours per report) and 0648–0293 (0.25 GA—Georgia would not require the registration of GME/BF—Gulf of Maine/Bay of Fundy additional fishers. The application fee, with hours per registration). Those burdens GMX—Gulf of Mexico respect to expected revenues, is not are not expected to change significantly NC—North Carolina considered significant because it represents if this proposed rule is adopted and may SC—South Carolina under 0.01 percent of the total revenue. As actually decrease if additional TX—Texas a result, a regulatory flexibility analysis was registration system are integrated with not prepared. existing programs. Send comments WNA—Western North This action proposes changes to the current Atlantic regarding these reporting burden List of Fisheries and reflects new information estimates or any other aspect of the Classification on commercial fisheries, marine mammals and interactions between commercial collections of information, including The Assistant General Counsel for fisheries and marine mammals. This suggestions for reducing the burdens, to Legislation and Regulation of the proposed list informs the public which U.S. NMFS and OMB (see ADDRESSES). Department of Commerce certified to commercial fisheries may be required in 1998 Notwithstanding any other provision the Chief Counsel for Advocacy of the to comply with certain parts of the MMPA of law, no person is required to respond including requirements to register for to nor shall a person be subject to a Small Business Administration that this Authorization Certificates. proposed LOF for 1998, if adopted penalty for failure to comply with a would not have a signficant economic This proposed rule has been collection of information subject to the impact on a substantial number of small determined to be not significant for requirements of the Paperwork entities as follows: purposes of E.O. 12866. Reduction Act unless that collection of This proposed rule does not contain Under existing regulations certain fishers information displays a currently valid new collection-of-information OMB Control Number. must register, obtain an Authorization requirements subject to the Paperwork Certificate, and pay a fee of $25. Such a Reduction Act. Dated: May 20, 1997. certificate authorizes the taking of certain Rolland A. Schmitten, marine mammals incidental to commercial The collection of information required fishing operations. Currently, approximately for reporting of marine mammal injuries Assistant Administrator for Fisheries, 14,000 fishers are registered. Registration of or mortalities to NMFS and for National Marine Fisheries Service. 12,400 fishers has been coordinated with registration of fishers under the MMPA [FR Doc. 97–13818 Filed 5–23–97; 8:45 am] existing state or Federal registration has been approved by the Office of BILLING CODE 3510±22±P 28669

Notices Federal Register Vol. 62, No. 101

Tuesday, May 27, 1997

This section of the FEDERAL REGISTER responsibility to ensure the health and essential for meeting the information contains documents other than rules or well-being of Americans through needs of these critical applications. proposed rules that are applicable to the improved nutrition. USDA food Estimate of Burden: Public reporting public. Notices of hearings and investigations, consumption surveys measure the levels committee meetings, agency decisions and burden for this collection of information rulings, delegations of authority, filing of and shifts in the food and nutrient is estimated to average 75 minutes per content and the nutritional adequacy of petitions and applications and agency response. statements of organization and functions are U.S. diets over time, and provide other examples of documents appearing in this information pertinent to understanding Respondents: Non-institutional section. diets and their determinants. infants and children residing in private The Continuing Survey of Food households for intake surveys. Intakes by Individuals (CSFII) is a major Estimatd Number of Respondents: DEPARTMENT OF AGRICULTURE component of the National Nutrition 4,800 over 1 year. Agricultural Research Service Monitoring and Related Research Estimatd Total Annual Burden on Program (NNMRRP), established by the Respondents: 6,000 hours. Notice of Request for Reinstatement, National Nutrition Monitoring and of a Previously Approved Collection Related Research Act of 1990 (Public Copies of this information collection for Which Approval Has Expired Law 101–445). The CSFII addresses the and related instructions can be obtained requirement of the 1990 Act for without charge from Alanna J. AGENCY: Agricultural Research Service, continuous monitoring of the dietary Moshfegh, Research Leader, Food USDA. and nutritional status of the U.S. Surveys Research Group at (301) 734– ACTION: Notice and request for population and trends with respect to 8457. comments. such status by obtaining information on Comments food intakes by individuals. SUMMARY: In accordance with the The proposed Supplemental Comments are invited on: (a) Whether Paperwork Reduction Act of 1995 (Pub. Children’s Survey to the Continuing the proposed collection of information L. 103–13) and Office of Management Survey of Food Intakes by Individuals is necessary for the proper performance and Budget (OMB) regulations at 5 CFR 1994–96 is in direct response to the of the functions of the agency, including Part 1320 (60 FR 44978, August 29, Food Quality Protection Act of 1996 whether the information will have 1995), this notice announces the (Pub. L. 104–170), which mandates practical utility; (b) the accuracy of the Agricultural Research Service’s (ARS) USDA to conduct food consumption agency’s estimate of the burden of the intention to request reinstatement, of a surveys that will provide adequate data proposed collection of information previously approved collection, the on consumption patterns of infants and including the validity of the Continuing Survey of Food Intakes by children. To the extent practicable, the methodology and assumptions used; (c) Individuals, for which approval has procedures shall include the collection ways to enhance the quality, utility, and expired. of data on food consumption patterns of clarity of the information to be DATES: Comments on this notice must be a statistically valid sample of infants collected; and (d) ways to minimize the received on or before July 31, 1997. and children. burden of the collection of information ADDITIONAL INFORMATION OR COMMENTS: The primary public policy on those who are to respond, including Contact Alanna J. Moshfegh, Research applications of USDA’s food through the use of appropriate Leader, Food Surveys Research Group, consumption survey include evaluating automated, electronic, mechanical, or Beltsville Human Nutrition Research the adequacy of American diets in other technological collection Center, Agricultural Research Service, relationship to scientific and Federal techniques or forms of information U.S. Department of Agriculture, 4700 dietary recommendations and goals. technology. Comments may be sent to: River Road, Unit 83, Riverdale, MD Critical applications include monitoring Alanna J. Moshfegh, Food Surveys 20737, (301) 734–8457. the dietary status of at-risk population Research Group, Beltsville Human SUPPLEMENTARY INFORMATION: subgroups including children; Nutrition Research Center, Agricultural estimating exposure to pesticide Research Service, U.S. Department of Title: Continuing Survey of Food residues, food additives, and Agriculture, 4700 River Road, Unit 83, Intakes by Individuals. contaminants; and monitoring and Riverdale, MD 20737. All responses to OMB Number: 0518–0020. evaluating food use across the this notice will be summarized and Expiration Date of Approval: January population specifically as it relates to included in the request for OMB 31, 1997. food safety issues. Other key approval. All comments will also Type of Request: Reinstatement, of a applications include assessing the become a matter of public record. previously approved collection, the nutritional impact of Federal food Signed at Beltsville, MD, April 18, 1997. Continuing Survey of Food Intakes by assistance programs; developing food Individuals, for which approval has fortification, enrichment, and labeling K. Darwin Murrell, expired. policies and assessing the nutritional Director, Beltsville Area, Agricultural Abstract: USDA has been conducting impact of those policies; and assessing Research Service. nationwide food surveys since the demand for agricultural products. [FR Doc. 97–13703 Filed 5–23–97; 8:45 am] 1930’s as one means of fulfilling its Timely food consumption data are BILLING CODE 3410±03±M 28670 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

DEPARTMENT OF COMMERCE ACTION: Notice of termination of Inc., and National Semiconductor suspended antidumping duty Corporation, the petitioners in the Economic Development investigation. suspended investigation, notified the Administration Department in writing that they had no SUMMARY: On December 19, 1996, the further interest in the suspended [Docket No. 970508107±7107±01] Department received a letter from investigation on EPROMs from Japan counsel to Intel Corporation, Advanced and that they were, therefore, Micro Devices, Inc., and National RIN 0610±ZA04 withdrawing the petition. Petitioners Semiconductor Corporation (‘‘the served interested parties with copies of Research and Evaluation, National petitioners’’). The letter notified the the no interest letter. Department that the petitioners have no Technical AssistanceÐRequest for On January 8, 1997, the Department Proposals; Notice of Correction further interest in the suspended investigation on Erasable Programmable notified interested parties in writing of AGENCY: Economic Development Read Only Memory (EPROM) its intent to terminate the suspended Administration (EDA), Department of Semiconductors from Japan and that investigation and requested comments. Commerce (DoC). they were, therefore, withdrawing the We received comments from interested parties concerning the proposed ACTION: Notice; correction. petition. On January 8, 1997, the Department requested parties to the termination on February 6, 1997. SUMMARY: In the Research and proceeding to provide comments on the Scope of Investigation Evaluation, National Technical Department’s proposal to terminate the Assistance—Request for Proposal, suspended antidumping duty The products covered by this notice document FR Doc. 97–12492, investigation on EPROMs from Japan. investigation are erasable programmable beginning on page 26192 in the issue of The Department is now terminating this read only memories which are a type of Monday, May 12, 1997, make the suspended investigation. memory integrated circuit that is following correction: EFFECTIVE DATE: May 27, 1997. manufactured using variations of Metal Oxide-Semiconductor (MOS) process On page 26193 beginning in the first FOR FURTHER INFORMATION CONTACT: technology, including both column, and ending after the second full Steven Presing or Eugenia Chu, Office of Complementary (CMOS) and N-Channel paragraph in the third column, the Agreements Compliance, Import (NMOS). The products include request for proposal titled ‘‘Leveraging Administration, International Trade processed wafers, dice and assembled Capital for Defense Adjustment Administration, U.S. Department of Infrastructure Assistance’’ was Commerce, 14th Street & Constitution EPROMs produced in Japan and inadvertently listed under the National Avenue, N.W., Washington, D.C. 20230; imported into the United States from Technical Assistance Program. This telephone (202) 482–0194 and (202) Japan. Finished EPROMs are provided request should be changed and listed 482–3964, respectively. for in the Tariff Schedules of the United States Annotated (TSUSA) under item instead under the Research and SUPPLEMENTARY INFORMATION: Evaluation Program (page 26196, first 687.7445. Unassembled EPROMs, column). Background including unmounted chips, wafers, and All of the previously published On July 30, 1986, the antidumping dice, are provided for under TSUSA criteria that apply to the Research and investigation of Erasable Programmable item 687.7405. Additionally, certain Evaluation Program now apply to the Read Only Memories (EPROMs) from Flash memory devices based on EPROM request for proposal titled ‘‘Leveraging Japan, was suspended pursuant to an semiconductor technology are later- Capital for Defense Adjustment agreement by substantially all of the developed products within the scope of Infrastructure Assistance.’’ The Japanese producers to eliminate the suspension investigation and correction impacts the types of entities dumping. Erasable Programmable Read suspension agreement on EPROMs from eligible to submit proposals under this Only Memories (EPROMs) from Japan: Japan. 57 Fed. Reg. 11599 (April 6, particular request and the local match Suspension of Investigation, 51 Fed. 1992). required. Reg. 28253 (August 6, 1986); amended, Termination of Investigation Dated: May 21, 1997. 56 Fed. Reg. 37523 (August 7, 1991). On December 19, 1996, the U.S. and On December 19, 1996, the U.S. Wilbur F. Hawkins, Japanese semiconductor industries Semiconductor Industry Association Deputy Assistant Secretary for Economic signed a Statement Regarding Effective (SIA) and the Electronic Industries Development. and Expeditious Antidumping Measures Association of Japan (EIAJ) signed the [FR Doc. 97–13863 Filed 5–22–97; 10:32 am] (the Statement) and accompanying Statement and the MOU agreeing, BILLING CODE 3510±24±P Memorandum of Understanding (MOU) through 1999, voluntarily to collect and intended to expedite handling future maintain product specific cost, home dumping investigations. The industries market price, and U.S. export price data DEPARTMENT OF COMMERCE have agreed to independently collect on certain flash EPROM products exported from Japan to the United International Trade Administration cost and price data and to submit this data to the appropriate government States, and, if an antidumping agency within 14 days of the filing of a investigation were initiated on these [A±588±504] new antidumping investigation in the products, to provide the collected data Erasable Programmable Read Only United States or Japan. Both the to the Department within 14 days of Memories From Japan: Termination of Statement and the MOU are conditioned receipt of a questionnaire. The joint Suspended Antidumping Duty upon revocation of the EPROM Statement, issued by the SIA and the Investigation Suspension Agreement and termination EIAJ, establishes an expedited collection of the EPROM antidumping and reporting system similar to that AGENCY: International Trade investigation. created under the 1991 EPROM Administration/Import Administration, On December 19, 1996, Intel Suspension Agreement, 56 Fed. Reg. Department of Commerce. Corporation, Advanced Micro Devices, 37523 (August 7, 1991). Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28671

On December 19, 1996, the petitioners DEPARTMENT OF COMMERCE of the subject merchandise during the in the suspended investigation, notified period of review and the review for this the Department in writing that they International Trade Administration time period was rescinded with respect have no further interest in the [A±588±028] to these companies. (See Preliminary suspended investigation on EPROMs Results of the 1993–1994 review; 61 FR from Japan and that they were, Roller Chain, Other Than Bicycle, From 28171). On December 4, 1996, the therefore, withdrawing their petition. In Japan: Amended Final Results of Department also published the final the no interest letter, which was served Antidumping Duty Administrative review results for the POR April 1, 1994 on interested parties, counsel for the Reviews through March 31, 1995, covering the same six companies and Peer Chain petitioners stated that the EPROM AGENCY: Import Administration, Company (Peer) (61 FR 64322). This suspension agreement has served to International Trade Administration, review was rescinded for Peer, Pulton, substantially alleviate the problem of Department of Commerce. and Hitachi because they did not ship dumping of EPROMs in the U.S. market ACTION: Notice of amendment to final to the United States during the 1994– for the past ten years. Given the results of antidumping duty 1995 POR (see Preliminary Results of experience of the past ten years, and administrative reviews. the 1994–1995 review; 61 FR 28168). noting that the Japanese EPROM The Department is amending the final producers as members of the EIAJ, SUMMARY: On December 4, 1996, the results of the administrative reviews for support the issued Statement, the Department of Commerce (the the 1992–1993 and 1993–1994 PORs to petitioners believe the termination of Department) published the final results clarify the cash deposit instructions for the 1991 EPROM suspension agreement of three administrative reviews of the these reviews. is appropriate. antidumping finding on Roller Chain, Other Than Bicycle, From Japan. The Applicable Law Based on petitioners’ expression of no reviews covered two manufacturers/ Unless otherwise indicated, all interest, the Department notified exporters of the subject merchandise to citations to the statute are references to interested parties in writing of its intent the United States during the period of the provisions on January 1, 1995, the to terminate the suspended review (POR) April 1, 1992 through effective date of the amendments made investigation and requested comments. March 31, 1993, six manufacturers/ to the Tariff Act of 1930 (the Act), by the Comments were filed on February 6, exporters of the subject merchandise Uruguay Round Agreements Act 1997 by Fujitsu Limited, Hitachi, Ltd., during the POR April 1, 1993 through (URAA). In addition, unless otherwise Matsushita Electronics Corporation, March 31, 1994, and seven indicated, all citations to the Mitsubishi Electric Corporation, Sanyo manufacturers/exporters of the subject Department’s regulations are to the Electric Co., Ltd., Sharp Corporation, merchandise during the POR April 1, current regulations, as amended by the and Toshiba Corporation. All 1994 through March 31, 1995. In order interim regulations published in the commenters expressed their support for to clarify the cash deposit instructions Federal Register on May 11, 1995 (60 the proposed termination. for the 1992–1993 and 1993–1994 FR 25130). A review under section 751(b) of the reviews, we are amending the final Scope of the Review results of these reviews. Tariff Act of 1930, as amended, is Imports covered by the reviews are EFFECTIVE DATE: normally the mechanism for the May 27, 1997. shipments of roller chain, other than termination of a suspended FOR FURTHER INFORMATION CONTACT: Jack bicycle, from Japan. The term ‘‘roller investigation. However, the events Dulberger or Zev Primor, AD/CVD chain, other than bicycle,’’ as used in surrounding the Statement and MOU Enforcement, Group II, Office 4, Import these reviews includes chain, with or and petitioners’ request to terminate the Administration, International Trade without attachments, whether or not suspended investigation, as described Administration, U.S. Department of plated or coated, and whether or not above, are consistent with the Commerce, 14th Street and Constitution manufactured to American or British substantive and procedural Avenue, N.W., Washington, D.C. 20230, standards, which is used for power requirements of the statute and telephone: (202) 482–5253. transmission and/or conveyance. Such regulations. Therefore, the unique SUPPLEMENTARY INFORMATION: chain consists of a series of alternately- assembled roller links and pin links in circumstances of this case render any Background further proceeding unnecessary. Thus, which the pins articulate inside from based on the affirmative statement by On December 4, 1996, the Department the bushings and the rollers are free to substantially all of the domestic published the final results (61 FR turn on the bushings. Pins and bushings producers that they have no further 64328) of administrative reviews of the are press fit in their respective link interest in the suspended investigation, antidumping finding on roller chain, plates. Chain may be single strand, which was supported in the comments other than bicycle, from Japan (38 FR having one row of roller links, or 9226, April 12, 1973) for the POR April multiple strand, having more than one filed by interested parties, the 1, 1992 through March 31, 1993, and row of roller links. The center plates are Department is terminating the April 1, 1993 through March 31, 1994. located between the strands of roller suspended investigation. The 1992–1993 review covered the two links. Such chain may be either single Dated: May 7, 1997. manufacturers/exporters Daido Kogyo or double pitch and may be used as Robert S. LaRussa, Co., Ltd. (Daido) and Enuma Chain Mfg. power transmission or conveyer chain. Acting Assistant Secretary for Import Co., Ltd. (Enuma). The 1993–1994 These reviews also cover leaf chain, Administration. review covered six manufacturers/ which consists of a series of link plates [FR Doc. 97–13810 Filed 5–23–97; 8:45 am] exporters: Daido, Enuma, Izumi Chain alternately assembled with pins in such Manufacturing Co., Ltd. (Izumi), Hitachi a way that the joint is free to articulate BILLING CODE 3510±DS±P Metals Techno Ltd. (Hitachi), Pulton between adjoining pitches. These Chain Co., Ltd. (Pulton), and R.K. Excel. reviews further cover chain model Hitachi and Pulton made no shipments numbers 25 and 35. Roller chain is 28672 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices currently classified under the Administration’s remand determination Accordingly, the Department will Harmonized Tariff Schedule of the regarding the application of Item (d) of continue to suspend liquidation United States (HTSUS) subheadings the Illustrative List of Export Subsidies pending the expiration of the period of 7315.11.00 through 7619.90.00. HTSUS (Annex I of the Agreement on Subsidies appeal, or, if appealed, upon a item numbers are provided for and Countervailing Measures) to the ‘‘conclusive’’ court decision. convenience and Customs purposes. Indian Government’s International Price Dated: May 14, 1997. The written description remains Reimbursement Scheme. Jeffrey P. Bialos, dispositive. EFFECTIVE DATE: May 27, 1997. Principal Deputy Assistant Secretary for Clarification of Cash Deposit FOR FURTHER INFORMATION CONTACT: Import Administration. Instructions Rick Herring or Robert Copyak, Office of [FR Doc. 97–13809 Filed 5–23–97; 8:45 am] Since final results for a more current CVD/AD Enforcement VI, Import BILLING CODE 3510±DS±M review period, April 1, 1994 through Administration, International Trade March 31, 1995, were also published on Administration, U.S. Department of December 4, 1996, the cash deposit Commerce, 14th Street and Constitution DEPARTMENT OF COMMERCE instructions contained in that notice (61 Avenue, NW., Washington, DC 20230; International Trade Administration FR 64322) supersede the cash deposit telephone (202) 482–2786 or (202) 482– instructions contained in the December 2209. 4, 1996, final results for the reviews SUPPLEMENTARY INFORMATION: [C±559±001] covering April 1, 1992 through March Background Certain Refrigeration Compressors 31, 1993, and April 1, 1993 through In the 1985 administrative review of From the Republic of Singapore; March 31, 1994 (61 FR 64328) and will Certain Iron-Metal Castings From India; Extension of Time Limit for apply to all shipments of subject Final Results of Countervailing Duty Countervailing Duty Administrative merchandise to the United States Administrative Review, 55 FR 50747 Review entered, or withdrawn from warehouse, (December 10, 1990), the Department for consumption on or after December 4, had interpreted Item (d) of the AGENCY: International Trade 1996. The dumping margins resulting Illustrative List of Exports Subsidies as Administration/Import Administration/ from the April 1, 1992 though March 31, requiring that under the Indian Department of Commerce. 1993 POR and the April 1, 1993 through Government’s International Price March 31, 1994 POR will have no effect ACTION: Notice of extension of time limit Reimbursement Scheme (IPRS), ocean on the cash deposit rate for any firm. for Countervailing Duty Administrative freight be included in the determination The results of the 1993–1994 review Review. of the international price of pig iron. will be used for liquidation of Under the IPRS program, the Indian SUMMARY: The Department of Commerce shipments entered, or withdrawn from Government rebates to castings (the Department) is extending the time warehouse, for consumption during the exporters the difference between the limits for its preliminary results in the April 1, 1993, through March 31, 1994 price of domestically-sourced pig iron administrative review of the agreement POR only. The results of the 1992–1993 and the international price. However, in suspending the countervailing duty review will be used for liquidation of Creswell Trading Co. v. United States, investigation on certain refrigeration shipments entered, or withdrawn from Slip Op. 96–137 (CIT Aug. 15, 1996), the compressors from the Republic of warehouse, for consumption during the court again remanded the final results of Singapore. The review covers the period April 1, 1992 through March 31, 1993 the 1985 review and, among other April 1, 1995, through March 31, 1996. POR only. This notice is in accordance with things, directed the Department to EFFECTIVE DATE: May 27, 1997. exclude ocean freight in determining the section 751(a)(1) of the Act (19 U.S.C. FOR FURTHER INFORMATION CONTACT: 1675(a)(1)) and 19 CFR 353.28. international price of pig iron. The Department’s subsequent remand Robert Bolling or Jean Kemp, AD/CVD Dated: May 13, 1997. determination reflected the Court’s Enforcement, Group III, International Jeffrey P. Bialos, instructions and was affirmed in Trade Administration, U.S. Department Acting Assistant Secretary for Import Creswell Trading Co. v. United States, of Commerce, Washington, D.C. 20230; Administration. Slip Op. 97–54 (CIT May 7, 1997). telephone: (202) 482–3793. [FR Doc. 97–13811 Filed 5–23–97; 8:45 am] In its decision in Timken Co. v. SUPPLEMENTARY INFORMATION: Because it BILLING CODE 3510±DS±U United States, 893 F.2d 337 (Fed. Cir. is not practicable to complete this 1990) (Timken), the United States Court review within the original time limit, of Appeals for the Federal Circuit held the Department is extending the time DEPARTMENT OF COMMERCE that, pursuant to 19 U.S.C. 1516a(e) the limit for the completion of the Department must publish a notice of a preliminary results to no later than International Trade Administration court decision which is not ‘‘in December 2, 1997, in accordance with [C±533±083] harmony’’ with a Department section 751(a)(3)(A) of the Tariff Act of determination, and must suspend 1930, as amended by the Uruguay Notice of Court Decision: Certain Iron liquidation of entries pending a Round Agreements Act (URAA). (See Metal Castings From India ‘‘conclusive’’ court decision. The CIT’s Memorandum from Joseph A. Spetrini AGENCY: International Trade opinion in Creswell Trading Co. v. to Robert S. LaRussa on file in the Administration/Import Administration, United States, Slip Op. 97–54 (CIT May public file of the Central Records Unit, Department of Commerce. 7, 1997), constitutes a decision not in Room B–099 of the Department of Commerce). ACTION: Notice of court decision. harmony with the Department’s final results of countervailing duty This extension is in accordance with SUMMARY: On May 7, 1997, the United administrative review. Publication of section 751(a)(3)(A) of the Tariff Act of States Court of International Trade (CIT) this notice fulfills the Timken 1930, as amended by the URAA (19 affirmed the International Trade requirement. U.S.C. 1675(a)(3)(A)). Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28673

Dated: May 20, 1997. organization must be designated as the to Route 80; including Grundy and Will Joseph A. Spetrini, recipient organization. Counties but excluding Kankakee, Deputy Assistant Secretary, Enforcement ADDRESSES: Completed application Livingston and LaSalle Counties. Group III. packages should be submitted to the • Eastern Boundary: bounds on the [FR Doc. 97–13812 Filed 5–23–97; 8:45 am] U.S. Department of Commerce, Minority east by Lake Michigan and the Indiana BILLING CODE 3510±DS±P Business Development Agency, MBDA State Line. Executive Secretariat, 14th and • Western Boundary: bounds on the Constitution Avenue, N.W., Room 5073, west by (Route 39); excluding Boone DEPARTMENT OF COMMERCE Washington, D.C. 20230. County. DATES: The closing date for applications Cities within this geographic area Minority Business Development include, but are not limited to: Oak Agency for each MBDC is July 7, 1997. PRE-APPLICATION CONFERENCE: A Lawn, Cicero, Summit, Bridgeview, Evergreen Park, Blue Island, Calumet Notice: Solicitation of Business pre-application conference will be held City, Mokena, Harvey, Chicago Heights Development Center Applications for each MBDC. Contact the appropriate regional office for further information. and Joliet, Illinois. AGENCY: Minority Business Proper identification is required for Contingent upon the availability of Development Agency, Commerce. entrance into any federal building. Federal funds, the cost of performance for the first budget period (13 months) ACTION: Notice; solicitation of business SUPPLEMENTARY INFORMATION: The from October 1, 1997 to October 31, development center applications for following are MBDCs for which 1998, is estimated at $460,834. The total Atlanta, Chicago I, Chicago II, Austin, applications are solicited: Atlanta; Federal amount is $276,500 and is Manhattan/Bronx, Nassau/Suffolk, Chicago I, Chicago II, Austin, composed of $269,756 plus the Audit Queens, Orange County, Phoenix and Manhattan/Bronx, Nassau/Suffolk, Fee amount of $6,744. The application Las Vegas. Queens, Orange County, Phoenix, and must include a minimum cost share of Las Vegas: SUMMARY: In accordance with Executive 40%, $184,334 in non-federal (cost- Order 11625 and 15 U.S.C. 1512, the 1. MBDC Application: Atlanta. sharing) contributions for a total project Minority Business Development Agency Metropolitan Area Serviced: Atlanta, cost of $460,834. (MBDA) is soliciting competitive Georgia. Award Number: 04–10–97007–01. 3. MBDC Application: Chicago II, North. applications from organizations to Metropolitan Area Serviced: Chicago, operate the Minority Business Pre-Application Conference: For the Illinois. Development Centers (MBDC) listed in exact date, time and place, contact Award Number: 05–10–97001–02. this document. the Atlanta Regional Office at (404) Pre-Application Conference: For the The purpose of the MBDC Program is 730–3300. exact date, time and location, to provide business development For Further Information and an assistance to persons who are members Application Package, Contact: Robert contact the Chicago Regional Office of groups determined by MBDA to be Henderson, Regional Director. at (312) 353–0182. socially or economically disadvantaged, Contingent upon the availability of For Further Information and an and to business concerns owned and Federal funds, the cost of performance Application Package, Contact: controlled by such individuals. To this for the first budget period (13 months) David Vega, Regional Director. end, MBDA funds organizations to from October 1, 1997 to October 31, The boundaries for Chicago II, North identify and coordinate public and 1998, is estimated at $471,927. The total are designated as follows: private sector resources on behalf of Federal amount is $283,156 and is • Northern Boundary: bounds on the minority individuals and firms; to offer composed of $276,250 plus the Audit north by the Wisconsin State Line. a full range of client services to minority Fee amount of $6,906. The application • Southern Boundary: bounds on the entrepreneurs; and to serve as a conduit must include a minimum cost share of south by the City of Chicago dividing of information and assistance regarding 40%, $188,771 in non-federal (cost- line of Madison Street then Southwest minority business. sharing) contributions for a total project on Harlem Avenue (Route 43); South to In accordance with the Interim Final cost of $471,927. Route 55 (Stevenson Expressway); Policy published in the Federal Register 2. MBDC Application: Chicago I, South. Southwest to Interstate 80; excluding on May 31, 1996, the cost-share Metropolitan Area Serviced: Chicago, Lasalle County. requirement for the MBDCs listed in this Illinois. • Western Boundary: bounds on the notice has been increased to 40%. The Award Number: 05–10–97001–01 west by Interstate 39; excluding Boone Department of Commerce will fund up Pre-Application Conference: For the County. to 60% of the total cost of operating an exact date, time and location, • Eastern Boundary: bounds on the MBDC on an annual basis. The MBDC contact the Chicago Regional Office east by Lake Michigan and the Indiana operator is required to contribute at at (312) 353–0182. State Line. least 40% of the total project cost (the For Further Information and an Cities within this geographic area ‘‘cost-share requirement’’). Cost-sharing Application Package, Contact: include, but are not limited to: contributions may be in the form of David Vega, Regional Director. Maywood, Brookfield, Oak Park, cash, client fees, third party in-kind The boundaries for Chicago I, South Bolingbrook, Bellwood, DesPlaines, contributions, non-cash applicant are designated as follows: Palatine, Skokie, Waukegan and Elgin, contributions or combinations thereof. • Northern Boundary: bounds on the Illinois. In addition to the traditional sources of north by the City of Chicago dividing Contingent upon the availability of an MBDC’s cost-share contribution, the line of Madison Street. Federal funds, the cost of performance 40% may be contributed by local, state • Southern Boundary: bounds south for the first budget period (13 months) and private sector organizations. It is by the City of Chicago dividing line of from October 1, 1997 to October 31, anticipated that some organizations may Madison Street Southwest to Harlem 1998, is estimated at $460,834. The total apply jointly for an award to operate the Avenue (Route 43); south to Interstate Federal amount is $276,500 and is center. For administrative purposes, one 55 (Stevenson Expressway) Southwest composed of $269,756 plus the Audit 28674 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

Fee amount of $6,744. The application for the first budget period (13 months) Contingent upon the availability of must include a minimum cost share of from October 1, 1997 to October 31, Federal funds, the cost of performance 40%, $184,334 in non-federal (cost- 1998, is estimated at $314,778. The total for the first budget period (13 months) sharing) contributions for a total project Federal amount is $188,867 and is from October 1, 1997 to October 31, cost of $460,834. composed of $184,260 plus the Audit 1998, is estimated at $281,875. The total 4. MBDC Application: Austin. Fee amount of $4,607. The application Federal amount is $169,125 and is Metropolitan Area Serviced: Austin, must include a minimum cost share of composed of $165,000 plus the Audit Texas. 40%, $125,911 in non-federal (cost- Fee amount of $4,125. The application Award Number: 06–10–97008–01. sharing) contributions for a total project must include a minimum cost share of Pre-Application Conference: For the cost of $314,778. 40%, $112,750 in non-federal (cost- exact date, time and place, contact 7. MBDC Application: Queens. sharing) contributions for a total project the Dallas Regional Office at (214) Metropolitan Area Serviced: Queens, cost of $281,875. 767–8001. New York. 10. MBDC Application: Phoenix. For Further Information and an Award Number: 02–10–97008–01. Metropolitan Area Serviced: Phoenix, Application Package, Contact: Pre-Application Conference: For the Arizona. Bobby Jefferson, Acting Regional exact date, time and place, contact Award Number: 09–10–97010–01. Director. the New York Regional Office at Pre-Application Conference: For the Contingent upon the availability of (212) 264–3262. exact date, time, and location, Federal funds, the cost of performance For Further Information and an contact the San Francisco Regional for the first budget period (13 months) Application Package, Contact: Office at (415) 744–3001. from October 1, 1997 to October 31, Heyward Davenport, Regional For Further Information and an 1998, is estimated at $314,778. The total Director. Application Package, Contact: Federal amount is $188,867 and is Contingent upon the availability of Melda Cabrera, Regional Director. composed of $184,260 plus the Audit Federal funds, the cost of performance Contingent upon the availability of Fee amount of $4,607. The application for the first budget period (13 months) Federal funds, the cost of performance must include a minimum cost share of from October 1, 1997 to October 30, for the first budget period (13 months) 40%, $125,911 in non-federal (cost- 1998, is estimated at $416,667. The total from October 1, 1997 to October 31, sharing) contributions for a total project Federal amount is $250,000 and is 1998, is estimated at $314,778. The total cost of $314,778. composed of $245,300 plus the Audit Federal amount is $188,867 and is 5. MBDC Application: Manhattan/ Fee amount of $4,700. The application composed of $184,260 plus the Audit Bronx. must include a minimum cost share of Fee amount of $4,607. The application Metropolitan Area Serviced: 40%, $166,667 in non-federal (cost- must include a minimum cost share of Manhattan/Bronx, New York. sharing) contributions for a total project 40%, $125,911 in non-federal (cost- Award Number: 02–10–97006–01. cost of $416,667. sharing) contributions for a total project Pre-Application Conference: For the 8. MBDC Application: Orange County. cost of $314,778 dolphins. exact date, time and place, contact the Metropolitan Area Serviced: Orange New York Regional Office at (212) 264– County, California. Standard Paragraphs 3262. Award Number: 09–10–97009–01. The following information and For Further Information and an Pre-Application Conference: For the requirements are applicable to the listed Application Package, Contact: exact date, time, and location, MBDCs: Atlanta, Chicago I, Chicago II, Heyward Davenport, Regional contact the San Francisco Regional Manhattan/Bronx, Nassau/Suffolk, Director. Office at (415) 744–3001. Queens, Orange County, Phoenix, and Contingent upon the availability of For Further Information and an Las Vegas. Federal funds, the cost of performance Application Package, Contact: The funding instrument for this for the first budget period (13 months) Melda Cabrera, Regional Director. project will be a cooperative agreement. from October 1, 1997 to October 31, Contingent upon the availability of If the recommended applicant is the 1998, is estimated at $444,167. The total Federal funds, the cost of performance current incumbent organization, the Federal amount is $266,500 and is for the first budget period (13 months) award will be for 12 months. For those composed of $260,000 plus the Audit from October 1, 1997 to October 31, applicants who are not incumbent Fee amount of $6,500. The application 1998, is estimated at $333,333. The total organizations or who are incumbents must include a minimum cost share of Federal amount is $200,000 and is that have experienced closure due to a 40%, $177,667 in non-federal (cost- composed of $195,122 plus the Audit break in service, a 30-day start-up sharing) contributions for a total project Fee amount of $4,878. The application period will be added to their first budget cost of $444,167. must include a minimum cost share of period, making it a 13-month award. 6. MBDC Application: Nassau/Suffolk. 40%, $133,333 in non-federal (cost- Competition is open to individuals, Metropolitan Area Serviced: Nassau/ sharing) contributions for a total project non-profit and for-profit organizations, Suffolk, New York. cost of $333,333. state and local governments, American Award Number: 02–10–97007–01. 9. MBDC Application: Las Vegas. Indian tribes and educational Pre-Application Conference: For the Metropolitan Area Serviced: Las institutions. exact date, time and place, contact Vegas, Nevada. Applications will be evaluated on the the New York Regional Office at Award Number: 09–10–97011–01. following criteria: the knowledge, (212) 264–3262. Pre-Application Conference: For the background and/or capabilities of the For Further Information and an exact date, time, and location, firm and its staff in addressing the needs Application Package, Contact: contact the San Francisco Regional of the business community in general Heyward Davenport, Regional Office at (415) 744–3001. and, specifically, the special needs of Director. For Further Information and an minority businesses, individuals and Contingent upon the availability of Application Package, Contact: organizations (45 points), the resources Federal funds, the cost of performance Melda Cabrera, Regional Director. available to the firm in providing Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28675 business development services (10 $10 to $60 per hour based on the gross time before the date of completion points); the firm’s approach (techniques receipts of the client’s business. whenever it is determined that the and methodologies) to performing the Anticipated processing time of this award recipient has failed to comply work requirements included in the award is 120 days. Executive order with the conditions of the grant/ application (25 points); and the firm’s 12372, ‘‘Intergovernmental Review of cooperative agreement. Examples of estimated cost for providing such Federal Programs,’’ is not applicable to some of the conditions which can cause assistance (20 points). In accordance this program. Federal funds for this termination are failure to meet cost- with Interim Final Policy published in project include audit funds for non-CPA sharing requirements; unsatisfactory the Federal Register on May 31, 1996, recipients. In event that a CPA firm performance of the MBDC work the scoring system will be revised to wins the competition, the funds requirements; and reporting inaccurate add ten (10) bonus points to the allocated for audits are not applicable. or inflated claims of client assistance. application of community-based Questions concerning the preceding Such inaccurate or inflated claims may organizations. Each qualifying information can be answered by the be deemed illegal and punishable by contact person indicated above, and application will receive the full ten law. copies of application kits and applicable False Statements—A false statement points. Community-based applicant regulations can be obtained at the above on an application for Federal financial organizations are those organizations address. Notwithstanding any other assistance is grounds for denial or whose headquarters and/or principal provision of the law, no person is termination of funds, and grounds for place of business within the last five required to respond to, nor shall any possible punishment by a fine or years have been located within the person be subject to a penalty for failure imprisonment as provided in 18 U.S.C. geographic service area designated in to comply with a collection of 1001. the solicitation for the award. Where an information, subject to the requirements Primary Applicant Certifications—All applicant organization has been in of the GRA, unless that collection of primary applicants must submit a existence for fewer than five years or information displays a currently valid completed Form CD–511, has been present in the geographic OMB Control Number. The collection of ‘‘Certifications Regarding Debarment, service area for fewer than five years, information requirements for this Suspension and Other Responsibility the individual years of experience of the project have been approved by the Matters; Drug-Free Workplace applicant organization’s principals may Office of Management and Budget Requirements and Lobbying.’’ be applied toward the requirement of (OMB) and assigned OMB control Nonprocurement Debarment and five years of organization experience. number 0640–0006. Suspension—Prospective participants The individual years of experience must Awards under this program shall be (as defined at 15 CFR Part 26, § 26.105) have been acquired in the geographic subject to all Federal laws, and Federal are subject to 15 CFR Part 26, service area which is the subject of the and Departmental regulations, policies, ‘‘Nonprocurement Debarment and solicitation. An application must and procedures applicable to Federal Suspension’’ and the related section of receive at least 70% of the points financial assistance awards. the certification form prescribed above assigned to each evaluation criteria Pre-Award Costs—Applicants are applies. category to be considered hereby notified that if they incur any Drug Free Workplace—Grantees (as programmatically acceptable and costs prior to an award being made, they defined at 15 CFR Part 26, § 26.605) are responsive. Those applications do so solely at their own risk of not subject to 15 CFR Part 26, Subpart F, determined to be acceptable and being reimbursed by the Government. ‘‘Governmentwide Requirements for responsive will then be evaluated by the Notwithstanding any verbal assurance Drug-Free Workplace (Grants)’’ and the Director of MBDA. Final award that an applicant may have received, related section of the certification form selections shall be based on the number there is no obligation on the part of the prescribed above applies. of points received, the demonstrated Department of Commerce to cover pre- Anti-Lobbying—Persons (as defined at responsibility of the applicant, and the award costs. 15 CFR Part 28, § 28.105) are subject to determination of those most likely to Outstanding Account Receivable—No the lobbying provisions of 31 U.S.C. further the purpose of the MBDA award of Federal funds shall be made to 1352, ‘‘Limitation on use of program. Negative audit findings and an applicant who has an outstanding appropriated funds to influence certain recommendations and unsatisfactory delinquent Federal debt until either the Federal contracting and financial performance under prior Federal awards delinquent account is paid in full, transactions,’’ and the lobbying section may result in an application not being repayment schedule is established and of the certification form prescribed considered for award. The applicant at least one payment is received, or above applies to applications/bids for with the highest point score will not other arrangements satisfactory to the grants, cooperative agreements, and necessarily receive the award. Periodic Department of Commerce are made. contracts for more than $100,000, and Name Check Policy—All non-profit reviews culminating in year-to-date loans and loan guarantees for more than and for-profit applicants are subject to a evaluations will be conducted to $150,000 or the single family maximum name check review process. Name determine if funding for the project mortgage limit for affected programs, checks are intended to reveal if any key should continue. Continued funding whichever is greater. individuals associated with the Anti-Lobbying Disclosures—Any will be at the total discretion of MBDA applicant have been convicted of or are applicant that has paid or will pay for based on such factors as the MBDC’s presently facing criminal charges such lobbying using any funds must submit performance, the availability of funds as fraud, theft, perjury or other matters an SF–LLL, ‘‘Disclosure of Lobbying and Agency priorities. which significantly reflect on the Activities,’’ as required under 15 CFR The MBDC shall be required to applicant’s management honesty or Part 28, Appendix B. contribute at least 40% of the total financial integrity. Lower Tier Certifications—Recipients project cost through non-federal Award Termination—The shall require applications/bidders for contributions. To assist in this effort, the Departmental Grants Officer may subgrants, contracts, subcontracts, or MBDC may charge client fees for terminate any grant/cooperative other lower tier covered transactions at services rendered. Fees may range from agreement in whole or in part at any any tier under the award to submit, if 28676 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices applicable, a completed Form CD–512, Regional Administrator, Northeast Dated: May 20, 1997. ‘‘Certifications Regarding Debarment, Region, NMFS, One Blackburn Drive, L.M. Bynum, Suspension, Ineligibility and Voluntary Gloucester, MA 01930–2289 (508/281– Alternate OSD Federal Register Liaison Exclusion-Lower Tier Covered 9250); Officer, Department of Defense. Transactions and Lobbying’’ and Regional Administrator, Southeast [FR Doc. 97–13754 Filed 5–23–97; 8:45 am] disclosure form, SF–LLL, ‘‘Disclosure of Region, NMFS, 9721 Executive Center BILLING CODE 5000±04±M Lobbying Activities.’’ Form CD–512 is Drive North, St. Petersburg, FL 33702– intended for the use of recipients and 2432 (813/570–5301). should not be transmitted to DOC. SF– SUPPLEMENTARY INFORMATION: On DEPARTMENT OF DEFENSE LLL submitted by any tier recipient or February 27, 1997, notice was published subrecipient should be submitted to in the Federal Register (62 FR 8929) Office of the Secretary DOC in accordance with the that an amendment to permit no. 1019 instructions contained in the award Meeting of the Task Force on Defense issued October 16, 1996 (61 FR 55134), Reform document. had been requested by the above-named Buy American-made Equipment or individual. The requested amendment ACTION: Notice. Products—Applicants are hereby has been granted under the authority of notified that they are encouraged, to the the Marine Mammal Protection Act of SUMMARY: extent feasible, to purchase American- Notice is hereby given of an 1972, as amended (16 U.S.C. 1361 et initial meeting of the Task Force on made equipment and products with seq.), the provisions of § 216.39 of the funding provided under this program. Defense Reform (the Task Force). The Regulations Governing the Taking and meeting will be open to the public. The 11.800 Minority Business Importing of Marine Mammals (50 CFR purpose of the meeting is to discuss the Development Center part 216), the Endangered Species Act of task, approach, timetable, and 1973, as amended (ESA; 16 U.S.C. 1531 (Catalog of Federal Domestic Assistance) background information. This notice is et seq.), and the provisions of § 222.25 less than the customary fifteen days Dated: May 19, 1997. of the regulations governing the taking, since it is critical that the Task Force Frances B. Douglas, importing, and exporting of endangered meet as soon as possible to ensure that Alternate Federal Register Liaison Officer, fish and wildlife (50 CFR 222.23). findings and recommendations are Minority Business Development Agency. Issuance of this amendment, as cognizant of and coordinated with the [FR Doc. 97–13748 Filed 5–23–97; 8:45 am] required by the ESA was based on a Quadrennial Review process and the BILLING CODE 3510±21±P finding that such permit: (1) Was proceedings of the National Defense applied for in good faith; (2) will not Panel. operate to the disadvantage of the DEPARTMENT OF COMMERCE endangered species which is the subject The Task Force was recently of this permit; and (3) is consistent with established to make recommendations National Oceanic and Atmospheric the purposes and policies set forth in to the Secretary of Defense and Deputy Administration section 2 of the ESA. Secretary of Defense on alternatives for organizational reforms, reductions in [I.D. 042497C] Dated: May 15, 1997. management overhead, and streamlined Ann D. Terbush business practices in the Department of Marine Mammals; Permit No. 1019 Chief, Permits and Documentation Division, Defense, with emphasis on the Office of (P619) Office of Protected Resources, National the Secretary of Defense, the Defense Marine Fisheries Service. AGENCY: National Marine Fisheries Agencies and the DoD Field Activities, Service (NMFS), National Oceanic and [FR Doc. 97–13816 Filed 5–23–97; 8:45 am] and the military departments. BILLING CODE 3510±22±F Atmospheric Administration (NOAA), DATES: Thursday, May 29, 1997, at 1:00 Commerce. p.m. ACTION: Scientific research permit ADDRESSES: amendment. DEPARTMENT OF DEFENSE Room 3E928, the Pentagon, Washington, DC. Seating is limited. SUMMARY: Notice is hereby given that a Office of the Secretary Must call Mr. Blair Ewing at the number listed in FOR FURTHER INFORMATION request for amendment of scientific Defense Partnership Council Meeting research permit no. 1019 submitted by CONTACT section below to arrange for Dr. Catherine Schaeff, Department of AGENCY: Department of Defense. access to Pentagon. Biology, American University, 4400 ACTION: Notice of meeting cancellation. FOR FURTHER INFORMATION CONTACT: Massachusetts Ave., NW., Washington, D.C. 20016, has been granted to import SUMMARY: On May 1, 1997, 62 FR 2376, Contact Mr. Blair Ewing, Designated up to 2860 tissue and biopsy skin the Department of Defense published a Federal Officer, Room 1B728, Office of samples taken from southern right notice to announce a meeting of the the Under Secretary of Defense whales (Eubalaena australis) from Defense partnership Council to be held (Comptroller), Pentagon, Washington, South America, South Africa, and May 28, 1997. This notice is to DC 20301. Telephone: (703) 695–9016. Australia. announce that the meeting is cancelled Interested parties should call Mr. Ewing due to conflicts in members’ schedules. before 10:00 a.m., Thursday, May 29, ADDRESSES: The amendment and related 1997. documents are available for review FOR FURTHER INFORMATION CONTACT: Mr. upon written request or by appointment Kenneth Oprisko, Chief, Labor Relations Dated: May 20, 1997. in the following office(s): Branch, Field Advisory Services Patricia L. Toppings, Permits Division, Office of Protected Division, Defense Civilian Personnel Alternate OSD Federal Register Liaison Resources, NMFS, 1315 East-West Management Service, 1400 Key Officer, Department of Defense. Highway, Room 13130, Silver Spring, Boulevard, Suite B–200, Arlington, VA [FR Doc. 97–13755 Filed 5–23–97; 8:45 am] MD 20910 (301/713–2289); 22209–5144, (703) 696–1450. BILLING CODE 5000±04±M Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28677

DEPARTMENT OF DEFENSE for closing, realigning or transferring 2. Proposed Action functions, and from looking at Department of the Army alternative installations to close or The proposed action is described in realign. However, the Department of the the FIS in the context of three primary Environmental Impact Statement for Army must evaluate the environmental elements including: (1) Training the Relocation of the U.S. Army impact of implementing actions that are missions to be relocated to FLW; (2) Chemical School and the U.S. Army necessary to relocate specified missions facilities required to support the Military Police School to Fort Leonard and operations. The environmental and relocated missions; and (3) the Wood, MissouriÐRecord of Decision socioeconomic impacts of facility population to be relocated to FLW as a AGENCY: Department of the Army, DoD. construction and future training and result of the action. The Military Police ACTION: Notice of record of decision. operations must be analyzed and School and the Chemical School have documented. Therefore, my decision to the mission to provide education and Table of Contents approve implementation was based on training of selected U.S. military, 1. Decision consideration of whether or not the foreign military and civilian personnel. 2. Proposed Action Army has adequately considered the Chemical School students are trained to: 3. Alternatives environmental effects of implementing detect and identify Nuclear, Biological 4. Selection of the Army’s Preferred the relocation decision. In addition, my and Chemical (NBC) agents; protect Alternative review considered whether the Army themselves and others from harm 5. Impacts and Mitigation Commitments has developed and considered an 6. Conclusion caused by NBC agents; employ smoke alternative to avoid or minimize and other obscurants to increase soldier 1. Decision environmental impacts and has or will combat effectiveness and survivability; In my capacity as the Assistant comply with all environmental laws and and construct and detonate flame field Secretary of the Army for Installations, regulations during the implementation. expedient deterrents to protect our Logistics and Environment, and based The Army will conduct fog oil training troops in battle. Military Police School on the analysis contained in the Final within the constraints of the existing students are trained in traditional police Environmental Impact Statement (FEIS) Missouri Department of Natural functions as well as specialized military # for the Relocation of the U.S. Army Resources Air Quality Permit 0695– operations such as battlefield Chemical School and the U.S. Army 010, or other permits in existence at the circulation, area security, and prisoner- Military Police School and their time the training takes place, until such of-war handling. associated units and support elements time a permit is issued that will The action also includes relocation of to Fort Leonard Wood (FLW), Missouri, accommodate the full implementation I have determined the FEIS adequately of the preferred alternative. units and missions to FLW that are assesses the impacts of the proposed required to support the Chemical School My decision considered: the and Military Police School. All action and related alternatives on the mitigation commitments outlined in the biological, physical, and cultural activities evaluated in the FEIS are FEIS; transcripts of the scoping meeting; considered ‘‘directed relocations’’ environment. Therefore, in accordance the public hearing on the Draft EIS; all with the Defense Base Closure and which are specifically identified by, or written comments received during the required to implement, the 1990 Base Realignment Act of 1990, Public Law public comment and the 30-day post- Closure Act requirements. Additional 101–510, the Army will proceed with filing periods; and the National facilities (buildings, specialized training construction of facilities at FLW to Academy of Sciences Committee report facilities, and designated training land support the relocation of the Chemical (see paragraph 5.14). In addition, I have areas) are required at FLW to meet the School and Military Police School and considered the results of continued needs of the Chemical School and shall relocate the schools, their coordination with interested federal, associated units and support elements, state and local agencies and public Military Police School. Implementation and associated personnel to FLW in interest groups in making my decision. of the action results in completion of accordance with the Army’s Preferred approximately $200 million in military Alternative and the general I have reviewed the FEIS for the construction projects, and an increase of implementation schedules described in Relocation of the U.S. Army Chemical approximately 9,000 persons, including the FEIS. and the U.S. Army Military Police permanent party military personnel and The Defense Base Closure and Schools to Fort Leonard Wood, dependent family members, military Realignment Act of 1990 (1990 Base Missouri, and associated and civilian student trainees, and Closure Act), Public Law 101–510, correspondence received in response to civilian employees. requires the closing of Fort McClellan coordination of this document, and have (FMC), Alabama, and the relocation of decided that the plan as recommended 3. Alternatives the Chemical School and Military Police in the FEIS should be executed and that School to FLW. In addition, the 1990 the construction associated with the In accordance with NEPA and Base Closure Act requires the Chemical proposed action should proceed. I find Council for Environmental Quality Defense Training Facility (CDTF) to the plan outlined in the Executive (CEQ) regulations, the Army developed continue to operate at FMC until the Summary of the FEIS to be technically and evaluated a reasonable range of capability to operate a replacement sound, environmentally sustainable, alternatives for implementing the facility at FLW has been achieved. socially and economically acceptable, mandated BRAC at FLW. Alternatives The 1990 Base Closure Act also and in agreement with the 1990 Base were developed for each of the primary exempts the Commission’s decision- Closure Act. Any new or additional elements of the action including making process from provisions of the missions will be evaluated in relocation of training missions, National Environmental Policy Act compliance with NEPA and all other provisions of required support facilities, (NEPA). The law also relieves the federal, state, and local laws and and relocation of related personnel. A Department of Defense (DoD) from the regulations prior to deciding to summary of alternatives considered in NEPA requirement to consider the need implement at FLW. the FEIS is provided below. 28678 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

3.1 Training Alternatives solely on consideration of headquarters for the three schools environmental screening criteria. (existing Engineer School at FLW, and The FEIS alternatives formulation the Military Police School and Chemical 3.2 Supporting Facility Alternatives process was initiated with a review of School to be relocated) in Hoge Hall, over 70 Programs of Instruction (POIs) Implementation of the planned BRAC Lincoln Hall and a new General that define training activities of the action at FLW will require facilities to Instruction Facility (GIF) complex. The Chemical School and Military Police support the training requirements of the ‘‘Alternative 1 LU&FP (Combined School. Training activities were grouped relocated schools and to support the Headquarters)’’ is based on the concept into 11 categories, which included a housing, administrative and support of collocating the headquarters for each total of 43 specific training goals. The requirements of increased personnel. of the three schools (existing Engineer EIS team then identified and considered The Army’s analysis for this action School at FLW and both schools to be a total of 204 training method included a detailed review of facility relocated) in Hoge Hall and Lincoln alternatives for accomplishing these requirements for all activities. This Hall. However, three separate ‘‘school training goals at FLW. Volume IV of the process resulted in identification of houses’’ would be provided, thereby FEIS provides information regarding Chemical School and Military Police allowing the individual specialty alternative training methods considered, School facility requirements in excess of branches to retain more autonomy. The and the rationale that led to selection of 1.6 million square feet of space and ‘‘Alternative 2 LU&FP (Separate those methods to be analyzed in detail numerous range and training area Headquarters)’’ would locate the in the FEIS. This alternative formulation requirements. Detailed analysis of headquarters for the Chemical School process resulted in further considered of existing facilities at FLW resulted in and the Military Police School in a No Action Alternative, and three identification of approximately 800,000 separate buildings, but would training goal implementation square feet of existing facility space that consolidate general instruction and alternatives. The training could be used to meet approximately library facilities in the ‘‘800-area’’ of the implementation alternatives included half of the relocation requirements. This FLW post. The Engineer School would the: 1) Relocate Current Practice (RCP) left a shortfall of an additional 800,000 remain in Hoge, Lincoln and Clark halls. Alternative; 2) Optimum Training square feet of facility space that must be Method (OPTM) Alternative; and 3) met through new construction. 3.3 Population Relocation Alternatives Environmentally Preferred Training The FEIS documents the rationale for The third and final element of the Method (EPTM) Alternative. consideration of a No Action Alternative alternative formulation process involved and three facility implementation Analysis of the No Action consideration of the population to be alternatives. Each of the implementation Alternatives as it relates to the training relocated to FLW as a result of the alternatives included a unique BRAC element of the FEIS considered the proposed action. The action is expected Land Use and Facility Plan (LU&FP) impact of not implementing individual to result in a total population increase which identified modifications to FLW’s training goals associated with the of approximately 9000 persons to the existing approved land use plan FLW area, including permanent party Chemical School and Military Police required to meet needs of the relocated military personnel and their dependent School missions. Failing to implement schools, and a facility construction family members, military and civilian any of the 43 training goals identified program which identified the type, student trainees, and civilian and considered in the FEIS was not extent, and location of facility employees. The FEIS considered a No reasonable because training in each of development associated with each Action Alternative and three these goals is essential to meeting alternative. implementation alternatives for this mission requirements. Therefore, the No Under the No Action Alternative for element including a: (1) Total Early Action Alternative is not evaluated in this study element, FLW would Move Alternative; (2) Total Late Move detail in the FEIS. However, the No continue to implement its pre-BRAC Alternative; and (3) Phased Move Action Alternative (the continuation of land use and facility development plan, Alternative. ongoing and planned (pre-BRAC) but no new facilities would be provided The FEIS concludes the No Action activities at FLW) is used as the in response to BRAC actions. The Alternative, as it applies to relocation of environmental baseline against which analyses documented in the FEIS, personnel, is not reasonable. However, the impacts of each training demonstrates that FLW can support the No Action Alternative was used to implementation alternative were approximately 50 percent of the compare population conditions and evaluated. identified requirements, and that related impacts at the current (pre- The RCP Alternative evaluates opportunities to lease space off-post are BRAC) level at FLW, to those expected relocating all training methods to FLW very limited. None of the specialized to occur under each of the BRAC action as they are currently (at the time of the training facilities such as the Chemical implementation scenarios. Regarding BRAC decision) conducted at FMC. The Defense Training Facility, radiation the three implementation alternatives, training methods defined in the RCP laboratory, crime scenes and other the FEIS concludes the Total Early create a baseline against which the unique facilities for the two schools are Move and Total Late Move alternatives alternative methods were evaluated. The available. Therefore, since BRAC were not reasonable because they OPTM Alternative was formulated to legislation directs the relocation, the No resulted in facility utilization problems identify and evaluate the impact of Action Alternative is not reasonable, and disruption of ongoing training implementing training methods which and, therefore, is not analyzed in further programs. Accordingly, all best met a combination of initial detail in the FEIS, other than to serve as implementation scenarios considered in environmental and training/operating an environmental baseline against detail in the FEIS are based on the efficiency screening criteria as which the impacts of each facilities Phased Move Alternative. The Phased documented in Volume IV of the FEIS. implementation alternative are Move Alternative would involve The EPTM Alternative was formulated evaluated. relocation of personnel (and related to evaluate the impact of implementing The ‘‘Army’s Proposed LU&FP missions and equipment) on a phased the combination of training methods (Combined Headquarters and schedule. This phrasing is expected to which received the highest score based Instruction) Alternative’’ locates the occur over a period of approximately 9 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28679 months, tied to the availability of the OPTM Alternative in six of 43 providing facilities required to support renovated or new facilities and training goals as discussed in the FEIS. the relocation of the Chemical School completion of training classes at FMC, The most significant reduction in and the Military Police School to FLW. and startup of the relocated classes at training effectiveness under the EPTM 5. Impacts and Mitigation FLW. Alternative would be associated with Commitments Training Goal 7.4 (Fog Oil Training 4. Selection of the Army’s Preferred Field Proficiency Test), where the Fifteen natural, cultural, sociological, Alternative reduced levels of fog oil usage would and economic resource categories, plus In accordance with CEQ regulations result in soldiers that are not as highly a category to consider the operational (40 CFR 1505.2), the FEIS and this ROD trained under realistic field conditions efficiency of planned actions, were identify the Army’s Preferred as the OPTM Alternative provides. established to provide a framework for Alternative which includes Proficiency in deployment and identifying baseline conditions and implementation of (1) the Optimum maintenance of smoke screen cover over determining the impact of alternatives Training Method (OPTM) Alternative; specified areas under battlefield in the FEIS. A summary of the type and (2) the Army’s Proposed LU&FP conditions is critically important to the extent of impacts anticipated as a result (Combined Headquarters and successful performance of certain of implementing the Army’s Preferred Instruction) Alternative; and (3) the military missions, and to protect our alternative at FLW is provided below for Phased Move Alternative. As stated troops and defend our national interests each analysis category. Impacts above, the Army determined that the and those of our allies. In consideration discussed represent the cumulative only reasonable method for relocating of these factors, and all other impact of implementing all elements of the personnel associated with the information provided by the FEIS the Army’s Preferred Alternative, in Chemical School and the Military Police analysis, I selected the OPTM association with past, present, and School was as described under the Alternative as the preferred method of reasonably foreseeable future actions as Phased Move Alternative. Therefore, implementing training activities to be discussed in detail in the FEIS. Where that element is part of the Army’s conducted by the Chemical School and appropriate, this subsection of the ROD preferred method for implementing the the Military Police School at FLW. identifies mitigation measures that will total action. The rationale for the be taken by the Army to avoid or selection of the Army’s Preferred 4.2 Supporting Facility Element minimize adverse environmental Alternative relative to the training Decision impacts. missions to be relocated and required The FEIS analysis revealed the Several of the following impact support facilities is summarized below, environmental impacts of the discussions will refer to Volume III, and further documented in the FEIS. Alternative 2 LU&FP (Separate Appendix K (Summary of Monitoring Headquarters) were clearly more Programs) which documents the intent 34.1 Training Element Decision adverse than either the Army’s Proposed of monitoring programs that will be For the training element of the LU&FP (Combined Headquarters and implemented by FLW to ensure impacts proposed action, the FEIS impact Instruction) or the Alternative 1 LU&FP associated with the Army’s Preferred analysis documents that the RCP (Combined Headquarters). Furthermore, Alternative are consistent with those Alternative would result in substantially the Alternative 2 LU&FP did not predicted in the FEIS and in full higher adverse environmental impacts provide any significant operational compliance with applicable laws, (taken as a whole) than either the OPTM advantages over the other two regulations and permit conditions. Alternative or the EPTM Alternative, alternatives. Therefore, the Alternative 2 Specifically, Appendix K describes and that the RCP Alternative would LU&FP was dropped from further monitoring program elements, result in a lower level of training consideration prior to completion of the associated adaptive management effectiveness than the OPTM cumulative impact analysis section of strategies, and compliance schedules for Alternative. Therefore, the RCP the FEIS. The analysis also showed that six distinct monitoring programs Alternative was dropped from further the Army’s Proposed LU&FP (Combined including: (1) Air Quality; (2) Soils and consideration prior to completion of the Headquarters and Instruction) has less Vegetation; (3) Human Health; (4) cumulative impact analysis section of overall adverse environmental impacts Endangered Species; (5) Biological the FEIS. This focused the decision on than the Alternative 1 LU&FP. In Indicators; and (6) Water Quality. how to conduct training at FLW addition, the FEIS analysis documents 5.1 Land Use and Training Areas between the OPTM and EPTM that the Army’s Proposed LU&FP alternatives. (Combined Headquarters and The FEIS concludes implementation The analysis indicates selection of the Instruction): (1) is the most effective of the Army’s Preferred Alternative will EPTM Alternative would reduce the plan with regard to utilization of not require change in the previously annual quantity of fog oil used, thereby existing available facilities at FLW to approved land use pattern for the non- reducing the extent of impacts on the meet requirements; (2) has the lowest cantonment training areas at FLW. environment (including some reduction construction cost of any of the Existing non-cantonment training areas in the degree of impact to air quality implementation alternatives; (3) will remain in use for training, and no and threatened and endangered provides the highest degree of additional areas will be converted to species). However, significant adverse collocation of similar facilities; (4) this land use, although the type of impacts to both air quality and provides the greatest long-term training conducted at several of the threatened and endangered species may operational cost savings; and (5) training areas will change. All such still occur under both the OPTM and provides the highest potential for changes are compatible with adjacent EPTM alternatives, and the nature and synergistic training activities at FLW. In training activities. Implementation will extent of mitigation required under the consideration of these factors, and all result in some adjustments to the OPTM and EPTM alternatives are very information provided by the FEIS existing land use plan within the FLW similar. Furthermore, implementation of analysis, I selected the Army’s Proposed cantonment area. However, these the EPTM Alternative would reduce the LU&FP (Combined Headquarters and changes are minimal in relation to the overall training effectiveness relative to Instruction) as the preferred method for total land area involved, and each of 28680 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices these changes will result in improved existing Missouri Department of Natural approximately 481 gallons per day) and functional relationships and efficiency Resources (MDNR) Air Quality Permit comply with all terms and conditions of post operations. The action will also #0695–010 for fog oil training at FLW. established in the existing MDNR Air modify existing off-post land use Fog oil training will be constrained to Quality Permit #0695–010 including air patterns associated with development of the level allowed by the permits in monitoring. The air quality monitoring additional civilian residential and existence at the time the training occurs. plan includes three types of monitoring commercial activities in areas Procedures to be used to ensure the activities: (1) Ambient air quality surrounding FLW. general public is not exposed to air monitoring of PM–10 and ozone; (2) which does not meet the National meteorological monitoring; and (3) Land Use and Training Area Impact Ambient Air Quality Standards because smoke movement monitoring. Mitigation Commitments of fog oil training are described in Ambient air quality and None of the land use or training area subsection 5.2.2.15.B of Volume I of the meteorological monitoring will be impacts identified in the FEIS are FEIS and Appendix K of the FEIS. conducted using a network of nine significant, and no mitigation is The cumulative impact analysis monitoring stations located on and near required. The Army will construct included in the FEIS quantifies the level FLW. This network include four BRAC related facilities and conduct of mitigation (through reductions in the previously established stations that are related training and support operations quantity of fog oil to be used) necessary only used to collect meteorological data. in full compliance with the existing to reduce PM–10 air quality impacts to In addition, five meteorological and installation Master Plan, and those acceptable levels. The FEIS ambient air monitoring stations have modifications to the Master Plan demonstrates that implementation of the been added at FLW (one at each of the described as part of the Army’s Army’s Preferred Alternative, with fog four fog oil obscurant training areas, and Preferred Alternative. oil training reduced to conditions and a fifth at Forney Army Airfield). 5.2 Air Quality use limits established by the current Meteorological and air quality MDNR Air Permit #0695–010 (as monitoring will be conducted for at Recognizing that environmental included in Appendix J. Volume III of least 2 years prior to initiation of fog oil agencies and members of the public are the FEIS), will comply with the National training at FLW to establish baseline concerned about impacts of proposed Ambient Air Quality Standards for PM– conditions, and will continue for at least fog oil obscurant training on the air 10. 2 years after fog oil training is initiated quality within and around FLW, the Because the implementation of fog oil at FLW. Smoke movement monitoring Army conducted an in-depth evaluation training at the mitigated (existing MDNR will be conducted during mobile and of this issue and has fully documented Air Quality Permit #0695–010) level field fog oil training exercises to ensure the results in the FEIS. The FEIS air does not provide the level of training that training will comply with the quality analysis was modified, in considered optimum by the U.S. Army National Ambient Air Quality Standards response to comments received on the Chemical School, the FEIS states that for PM–10. Additional details regarding Draft EIS, to clarify several issues and to FLW intends to pursue a new or revised the air quality monitoring plan and provide additional details concerning air permit with MDNR after evaluating related adaptive management response impacts on air quality. This additional the assumptions used for the air is provided in Appendix K (subsection information is presented in subsections dispersion model in conjunction with K.4.1, Volume III) of the FEIS. 5.2.2.3 and 5.5.5 of the FEIS, Appendix site-specific (within and immediately Fort Leonard Wood will develop and J (Air Permit #0695–010) to Volume III adjacent to FLW) meteorological data implement a Public Awareness Program of the FEIS, and in a separate ‘‘Air that is currently being collected. The (as defined in Appendix L, Volume III Quality Technical Reference Document: revised permit application may request of the FEIS) to inform the general public Relocation of the US Army Chemical consideration to use fog oil quantities of potential health risks associated with School and US Army Military Police up to the maximum levels specified exposures to fog oil. FLW will continue School to Fort Leonard Wood, under full implementation (non- to adhere to established policies and Missouri,’’ which was included in each mitigated) of the Army’s Preferred procedures that are designed to ensure the 11 public repositories identified in Alternative (up to 84,500 gallons per that the general public does not enter the FEIS. year and up to 1,200 gallons per day). active training ranges, including those Due to the quantity of air emissions Any such permit renewal process will lands to used to support future smoke associated with the planned fog oil be subject to full disclosure and training activities. Procedures to be used obscurant training activities, the action comment per the conditions and to ensure that the general public does is subject to permit review in procedures established by MDNR. not enter active smoke training ranges compliance with 40 CFR Part 51 and Additional details regarding the are described in subsection 5.2.2.15.A of Missouri State Rule 10 CSR 10–6.060. cumulative impact analysis and other the FEIS and include: (1) establishment Full implementation of the Army’s factors relating to the air permitting of appropriate safety zones adjacent to Preferred Alternative for fog oil process are fully documented in smoke training areas; (2) daily patrols of obscurant training requires the use of up subsection fog 5.5.3.3.3 of the FEIS, and all closed or restricted training areas to 84,500 gallons of fog oil per year and in the separate air quality technical and related safety zones to ensure that up to 1,200 gallons per day. Review of reference document as referenced above. no unauthorized persons enter these subsection 5.5.3.3.2 (and other air areas; and (3) appropriate signs along Air Quality Impact Mitigation quality subsections of the FEIS) indicate with physical barriers (such as gates or Commitments that, based on conservative assumptions cables) on roads leading into training for modeling, full implementation of the Until a new or revised air permit is areas. action would result in exceeding the issued by Missouri Department of National Ambient Air Quality Standards Natural Resources, the Army will 5.3 Noise (NAAQS) for 24–hour PM–10 (see comply with and adhere to annual and Elements of the Army’s Preferred subsection 5.5.3.3.2 for details). daily fog oil use levels specified in the Alternative that result in direct and Mitigation is thus required to comply existing MDNR Air Quality Permit indirect effects to noise include: (1) with the NAAQS and the terms of the #0695–010 (65,000 gallons per year and Expansion of the amount of exterior Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28681 training activities, including the amount Missouri State Operating Permit MO– minimize the adverse impact of any of ammunition, grenades and explosives 117251; the Missouri Clean Water Law, spill that may occur. to be used; (2) expansion of aircraft the Federal Water Pollution Control Act In accordance with Special operations in and near Forney Army and all other applicable laws, Conditions 25 through 30 of the existing Airfield; and (3) noise associated with regulations and permits. Subsection MDNR Air Quality Permit #0695–010, the construction of BRAC related K.4.6 of Appendix K, Volume III of the the Army will also develop and construction projects. The FEIS FEIS describes all substantive elements implement a Soils and Vegetation concludes that the impacts of these of the water quality monitoring program Monitoring Plan to monitor if there is activities, in association with other past, to be implemented at FLW. The Army fog oil residue (total petroleum present and reasonably foreseeable will also ensure BRAC construction hydrocarbons or TPHs) remaining on future actions that could influence noise projects are completed in accordance soil and vegetation. Additional levels, are not expected to exceed with specified erosion and surface water information regarding this monitoring significance criteria. control features. This includes requirement are provided in subsection K.4.2 of Appendix K, Volume III of the Noise Impact Mitigation Commitments construction of berms around the flame training range, construction of water FEIS. No mitigation is required. However, retention ponds to collect water runoff 5.6 Infrastructure continued coordination between the from the flame range, and construction installation and the Regional Commerce of an impervious liner to control The FEIS documents that an increase and Growth Association in Pulaski groundwater flows beneath the flame in traffic volume and delays is County and adjacent cities will help to training range. FLW will implement anticipated as a result of the BRAC ensure that noise sensitive land uses are management controls on training in action; however, the degree of this traffic impact is not considered to be avoided in those limited off-post areas order to avoid potential impacts significant. The proposed action that have previously been (as a result of associated with in-stream vehicle includes planned improvements relating current, baseline operations at FLW) crossings including: (1) Limiting high to utility system distribution and and are expected to continue to be mobility multipurpose wheeled vehicle collection systems. In consideration of exposed to adverse noise levels. (HMMWV) stream crossing training to these improvements, and the fact that specifically designated training area 5.4 Water Resources existing treatment and plant facilities with an obstacle designed to replicate a Under this evaluation category, the have adequate capacity to serve all stream crossing; and (2) limit other FEIS considers the potential for impacts current and reasonably foreseeable instream crossings associated with to regulatory flood plains, surface water future needs, no significant adverse and groundwater resources. The FEIS maneuver operations and mobile and impacts are expected to occur to on-post concludes that implementation of the field smoke training to areas which have utility systems. Energy, communication Army’s Preferred Alternative will not been improved to minimize adverse systems, and solid waste disposal result in any adverse impact to impacts. Finally, the Army will provided by outside sources will be regulatory flood plains within or beyond continue to conduct all accordance with adjusted by the suppliers in accordance the FLW boundaries. The FEIS notes approved operating procedures, and use with all applicable laws and regulations that the action may result in minor the FLW Installation Spill Prevention concerning these operations, and no adverse cumulative impacts to surface and Response Plan to minimize adverse significant adverse impacts to these water quality within FLW boundaries; impact of any spill that may occur in or systems were identified by the EIS and that minor, adverse impacts may near water resources. process. Energy consumption at FLW occur as a result of sediment-laden 5.5 Geology and Soils will increase, but energy efficient surface water flowing into karst features facility construction, existing facility (sinkhole and related rock fractures and The FEIS concludes that renovations, and continued expansion openings that allow for rapid implementation of the Army’s Preferred of the natural gas system at FLW will groundwater movement) that occur Alternative will result in minor adverse help to reduce energy usage, and no within installation boundaries. impacts to soils and geologic resources significant adverse impacts are However, implementation of numerous within FLW boundaries. These impacts anticipated. specific surface water/sediment control include impacts to soils as a result of Infrastructure Impact Mitigation projects (including the construction of erosion on lands disturbed for Commitments an impermeable liner under the construction and training activities, and proposed flame training range and the potential for impacts as a result of The degree of traffic congestion construction of several sediment accumulation of hydrocarbons released problems will be reduced due to retention basins) and adherence to Best at the planned flame training range. improvements included as part of the Management Practices (BMPs) that are Geology and Soil Impact Mitigation proposed action construction projects defined as part of the proposed action Commitments for the Combined Headquarters and will ensure that these impacts do not Instruction facility plan (e.g., reach significant levels. The rate of soil erosion will be improvements planned for the reduced through the implementation of intersections of Nebraska Avenue and Water Quality Impact Mitigation BMPs during construction and First Street and Gate Street at Missouri Commitments continued implementation of the FLW Avenue). Realignment of Nebraska In addition to continuation of existing Integrated Training Area Management Avenue and improving Gate Street will (pre-BRAC) water quality monitoring at Plan. Planned construction has been also help offset the increased traffic FLW (as defined in Volume III, sited to avoid sensitive geologic areas. volume expected to occur near the new Appendix H of the FEIS), the Army will As stated above, the Army will also consolidated Headquarters area. FLW implement a BRAC Water Quality continue to conduct all training in will ensure utility distribution and Monitoring Plan to ensure compliance accordance with approved operating collection systems are upgraded as with the revised National Pollution procedures and use the FLW Installation required to accommodate the new Discharge Elimination System (NPDES) Spill Prevention and Response Plan to facilities as part of the BRAC 28682 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices construction program. All new occur as a result of this increase. The Army’s Preferred Alternative is likely to buildings will meet applicable energy impacts of additional munitions usage adversely affect Indiana bats, gray bats conservation guidelines and standards. on the environment (such as impacts to and bald eagles. These adverse effects threatened and endangered species, are associated with obscurant training 5.7 Hazardous and Toxic Materials human health, etc.) were evaluated and planned construction projects. The The addition of BRAC activities to under the appropriate resource nature and extent of these effects are FLW will increase the volume of categories. based on conservative assumptions that hazardous materials used, handled, over estimates risks and are fully stored and transported on FLW over Munitions Impact Mitigation documented in subsection 5.5.3.11 of current levels. This increase in Commitments the FEIS (Volume I) and in the hazardous materials will also result in Because there are no adverse impacts, referenced Biological Assessment (BA) an increase in the amount of hazardous no mitigation actions are required under and BO. The USFWS determined these and special wastes being removed from this evaluation category. effect are not likely to jeopardize the FLW for disposal through properly 5.9 Permits and Regulatory Authority continued existence of the Indiana bat, licensed and monitored contract gray bat, or bald eagle. No critical operations. The FEIS documents that all The FEIS concludes that habitat has been designated for these hazardous and toxic materials, low-level implementation of the Army’s Preferred species in the action area, therefore, radioactive materials, regulated medical Alternative will result in an increase in none will be affected by the action. wastes, fuels, and special wastes will be the number of permit applications handled, stored, transported and required to conduct training and a Federally-Listed T&E Species Impact disposed of in a manner which protects directly related increase in the type and Mitigation Commitments the environment and human health, and extent of compliance monitoring. This FLW will conserve T&E Species by: in compliance with Army regulations increase in permit activity will require (1) Implementing all reasonable and and federal and state laws and programming of additional fiscal prudent measures (RPMs) that have regulations. resources to prepare and manage all been specified by the USFWS to The FEIS was expanded to include required permits. Compliance with all minimize take of Indiana bats, gray bats, additional information regarding the permit terms and conditions will ensure and bald eagles; (2) adhering to ‘‘project chemical characterization of liquid that significant adverse impacts to the design features’’ that are specified as wastes generated by the Chemical environment do not occur. part of the proposed action; (3) Defense Training Facility (CDTF), and to preparing and implementing an Permits and Regulatory Authority further quantify the potential risks Endangered Species Management Plan; Mitigation Commitments associated with the transportation of (4) developing and implementing a decontaminated special waste by- The Army commits to the preparation biomonitoring plan (as described in products associated with the CDTF to and maintenance of all permits, current Appendix K, Volume III of the FEIS); (5) off-post disposal facilities. Information or revised, required to implement and establishing bat management zones from that analysis is presented in maintain the actions included as part of around Freeman Cave; and (6) subsection 5.2.2.8.5 (Volume I) and the Army’s Preferred Alternative (as establishing a Landscape-Scale Forest Appendix I (Volume III) of the FEIS. well as all ongoing mission permit Management Policy for FLW. requirements). Specific permits and Compliance with RPMs will be Hazardous and Toxic Materials Impact regulatory procedures identified in the documented as required by the terms Mitigation Commitments FEIS (and summarized in subsection and conditions specified in the BO. No significant adverse impacts are ES.7 of the FEIS—Volume I) include: (1) 5.10.b Biological Resources (Other anticipated, and no mitigation is MDNR Air Quality Permit #0695–010 Protected Species) required. The Army will continue for fog oil operations; (2) compliance existing environmental management with Section 7 of the Endangered As defined in the FEIS for the programs that are designed to ensure Species Act; (3) National Pollution proposed action, Other Protected that all such materials are managed Discharge Elimination System (NPDES) Species (OPS) include statelisted birds, properly. These ongoing management Permit; (4) Nuclear Regulatory mammals, and amphibians as well as programs and plans include the FLW Commission (NRC) Materials License; migratory birds including neotropical Hazardous Waste Minimization (5) Land Disturbance Storm Water migrants (NTMs), raptors, and Program, Pollution Prevention Plan, Permit; and (6) Nationwide Permit shorebirds. Studies conducted to Hazardous Waste Management Plan and (NWP) in accordance with Section 404 evaluate impacts of the proposed action the Installation Spill Prevention and of the Clean Water Act (CWA). on representative species are described Response Plan. In addition, the Army in subsection 5.2.2.11.B and other 5.10.a Biological Resources (Federally- commits to the disposal of wastes applicable sections of the FEIS. Listed Threatened and Endangered generated by the CDTF in compliance Coordination with the USFWS included (T&E) Species) with guidelines and criteria included in consideration of NTMs. The FEIS subsection 5.2.2.8.5.2, Volume I of the Federally listed Threatened and concludes that implementation of the FEIS. Endangered (T&E) species of concern at Army’s Preferred Action at FLW is FLW include Indiana bats, gray bats, likely to result in minor adverse impacts 5.8 Munitions and bald eagles. The FEIS documents to OPS. These impacts would be Implementation of the Army’s the results of studies conducted to associated with direct mortality of OPS Preferred Alternative at FLW will result evaluate impacts of implementing the as a result of vehicle operations, training in an increase in the type and quantity proposed action at FLW on these activities, and clearing associated with of live munitions, obscurants and species. The U.S. Fish & Wildlife new construction. Impacts may also be signals used at the post. The FEIS Service (USFWS) issued a Biological caused by increased forest concludes that no direct or indirect Opinion (BO) on the Armys Preferred fragmentation, and increased impacts on munitions storage or Alternative on February 4, 1997. The BO disturbance to wildlife from training operational controls are expected to concluded that implementation of the activities. Although these impacts are Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28683 identified in the FEIS as adverse, they activities. However, these impacts are in the St. Robert/Waynesville area. are not considered to be significant as not considered to be significant as Anticipated growth and the associated discussed in subsection 5.5.3.11.B.3 of discussed in (subsections 5.5.3.11.D and increase in demands placed on the the FEIS. 5.5.3.11.E of the FEIS). public service delivery systems in the Other Protected Species Impact Other Aquatic and Terrestrial Resource area can be adequately accommodated Mitigation Commitments Impact Mitigation Commitments by existing community resources and proper planning and programming for Although not required by regulation, No significant impacts are expected to expansion. Impacts on school FLW will prepare and implement a occur, and no specific mitigation actions enrollment will primarily occur within Biological Indicators Monitoring Plan as are required. However, continued the Waynesville R–VI District, which described in subsection K.4.5 of compliance with federal, state and local has made, or is in the process of making, Appendix K, Volume IV of the FEIS to permits and regulations, including plans to address the expanded ensure significant adverse impacts do Missouri Clean Water Commission enrollment anticipated to occur as a not occur to OPS as a result of the requirements will be maintained result of the planned action. planned action. This Biological through the continued use of BMPs and Indicators Monitoring Plan will be other environmental controls as Sociological Environmental Impact implemented at least 1 year prior to the described in subsection 5.3.2.5.A of the Mitigation Commitments commencement of smoke training at FEIS. In addition, as previously stated FLW and will be conducted for a in this ROD (section 5.5) the Army will No significant adverse impacts are minimum of 2 years. Monitoring results also develop and implement a Soils and excepted to occur under this evaluation will be jointly reviewed with the Vegetation Monitoring Plan to monitor category, and therefore, no Army regulatory agencies and the if there is fog oil residue (total mitigation actions are required. determination made if additional petroleum hydrocarbons or TPHs) However, mitigation of minor adverse monitoring is necessary using the remaining on soil and vegetation. impacts will be partially accomplished Adaptive Management Strategy as Additional information regarding this through the phased implementation of defined in Appendix K of the FEIS. monitoring requirement is provided in the planned action. The construction FLW will also continue to coordinate subsection K.4.2 of Appendix K, program is scheduled to occur over a implementation of the planned action Volume III of the FEIS. This will two year period, and the BRAC-related concerning measures that can be provide added assurance that fog oil population will be relocated to FLW in implemented to minimize impacts to training does not result in any phases over a 6–9 month period. In NTMs. significant adverse impact to the general addition, the time between the environment. announcement of the action to the 5.10.c Biological Resources (Wetlands) public, and implementation of the Implementation of the Army’s 5.11 Cultural Resources initial phases of the action is sufficient Preferred Action is expected to cause Phase I archaeological surveys have to provide the opportunity for minor adverse impacts to wetlands been conducted at locations where infrastructure and land use planning within FLW boundaries as a result of BRAC-related training and construction and programming. Planning assistance, physical degradation of wetland activities will occur on FLW. The FEIS in the form of grant funding under the vegetation at specified stream crossings documents that implementation of the auspices and assistance of the DoD and impacts to 0.14 acres of Army’s Preferred Alternative will not Office of Economic Adjustment, will jurisdictional wetlands at the CDTF result in the alteration, renovation, or also be available to the local construction site. However, these demolition of any historic buildings or communities that are potentially impacts are not considered to be structures, and activities will not impact impacted by the planned BRAC action significant as discussed in subsections any known significant (National at FLW. 5.5.3.11.D and 5.5.3.11.E of the FEIS. Register eligible) cultural resources. Coordination with the Missouri State 5.13 Economic Development Wetland Impact Mitigation Historic Preservation Officer resulted in Commitments The FEIS documents the significant a finding of no effect for planned beneficial economic impacts of FLW will continue to adhere to BMPs construction activities. implementing the Army’s Preferred and other environmental controls Alternative that will occur within the designed to minimize soil erosion and Cultural Resources Impact Mitigation nine-county economic Region of protect surface waters, soils and aquatic Commitments Influence (ROI) surrounding FLW. resources and wetlands during training Training activities will continue to be Economic impacts described in the FEIS and construction (subsections 5.1.4 and conducted in accordance with FLW relate to incureased income, 5.5.1.3 of the FEIS). In addition, the Regulation 210–14, and the FLW employment and business volume. Army will comply with requirements of Historic Preservation Plan. Therefore, if Other major indirect impacts include Section 404 of the Clean Water Act prior archaeological materials are identified expected increases in the area’s real to initiation of the construction phase of during any future construction or property tax base and local tax the range road stream crossings and the training activity, the Army commits to revenues. The majority of the direct proposed CDTF project. stopping the activity, and contacting the economic impacts are expected to occur FLW cultural resource specialist to 5.10.d Biological Resources (Other locally in Pulaski County, primarily in determine an appropriate course of Aquatic and Terrestrial Resources) the St. Robert/Waynesville area. action consistent with all applicable The FEIS concludes that cultural resource laws and regulations. Economic Development Impact implementation of the Army’s Preferred Mitigation Commitments Action may result in minor adverse 5.12 Sociological Environment impacts to other aquatic and terrestrial The FEIS documents that the majority No adverse economic impacts are resources within FLW boundaries as a of direct sociological resource impacts expected to occur, and therefore, no result of training and construction will occur in Pulaski County, primarily Army mitigation actions are required. 28684 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

5.14 Quality of Life/Human Health were very similar to those describe in implemented by the Army to ensure that Implementation of the Army’s the FEIS. The committee developed an significant adverse impacts do not Preferred Alternative will result in an 8 hours per day, 5 days per week, occur. The Army commits to increase in the type and amount of Permissible Exposure Guidance Level constructing and operating the CDTF 3 military training activities to occur (PEGL) of 5 mg/m for soldiers involved and flame field expedient training within the existing training range areas in training. The report noted that this facilities in full compliance with the at FLW, which will result in increased level is often exceeded around the protective measures described as part of use of those areas. These increased use generators when soldiers train, and the Army’s Preferred Alternative. An levels are expected to result in an therefore recommended careful impervious liner will be constructed adverse impact by imposing additional adherence to the Army’s existing under the flame range area to ensure limitations on the recreational use (e.g., respiratory protection policy. that groundwater supplies are not The Committee recommended a hunting, fishing and other activities) of adversely impacted by this training Permissible Public Exposure Guidance activity. these areas while training occurs Level (PPEGL) of 0.5 mg/m3 (exposure With regard to fog oil obscurant Elements of the Army action for 8 hours per day, 5 days per week), training, the Army commits to the full identified in the FEIS that may result in which is considered to be safe for development, coordination and direct or indirect effects to human sensitive individuals in the general implementation of the Human Health health include: (1) Fog oil obscurant public. Extensive air modeling using Monitoring Plan as summarized in training; (2) training with toxic agents at deconservative assumptions was subsection 5.2.2.15.A and 5.2.2.15.B of the CFTF; and (3) Flame Field completed during the preparation of the the FEIS. The Army commits to Expedient training. The FEIS, and application for the air permit for fog oil additional sampling, mutagenicity supporting documentation, provides training at FLW. Modeling results testing and chemical analysis of fog oil extensive analysis and consideration of demonstrated that fog oil concentrations smoke to confirm that no significant the potential effects of fog oil obscurant at the boundary of FLW and at the chemical transformations occur. The training on military trainers, students, boundary of the cantonment area will methodology used for testing and and the general population within the not exceed short-term and long-term analysis may be modified with FLW cantonment area and beyond the exposure standards developed by the concurrence of USEPA if it is installation boundaries. Based on these Committee for the general public. Field determined that other methodologies are analyses, the FEIS concludes that and scientific studies document that of more suitable and will produce more trainers and fog oil training students fog oil from smoke training onto accurate data. The referenced testing will not be adversely affected because vegetation is minute. As concluded in and analysis is not expected to further they follow standard Army operating the FEIS, and supported by conclusions assist in making an informed choice procedures while conducting training of the NAS Committee on toxicology, among the training alternatives analyzed exercises, including the use of adverse health effects to the general in the FEIS. However, the results of this protective masks when exposed to public are not anticipated to occur to additional testing will be used and relatively high concentrations of fog oil those living or working within the FLW evaluated in accordance with the 3 (in excess of 5 mg/m ). The FEIS cantonment area, or those living outside adaptive management strategy concludes that human health effects are the FLW boundaries. procedure described as part of the not anticipated for the general Adverse health impacts to the general Human Health Monitoring Plan (see population within the cantonment area, public as a result of toxic agent training reference above). As stated in subsection or for those individuals beyond the at the CDTF are not anticipated. As 5.2.2.15.B.1 of Volume 1 of the FEIS facility boundary. This conclusion is documented in the FEIS, this training (top of Page 5–138) the Army commits based on consideration of maximum activity is rigidly controlled to protect to completing this additional testing and potential exposure of those populations human health and safety of the analysis prior to implementation of fog as predicted by highly conservative fog instructors, soldiers that are trained, and oil training at FLW. oil dispersion modeling. Also, the general public. The FEIS notes that If the results of the testing described conditions in the MDNR issued Air this training activity has been above result in exceedance of any Quality Permit #0695–010 for fog oil accomplished for the last 10 years at established health criteria, the Army obscurant training are specifically Fort McClellan without an incident that commits to developing and designed to reduce the potential for threatened the health of any individual implementing a supplemental air exposure to the general public. In the either inside or outside of the CDTF monitoring plan (beyond the unlikely event that the surrounding facility. requirements of the Air Monitoring Plan public is inadvertently exposed to fog to be implemented in accordance with oil, the exposures are anticipated to be Quality of Life/Human Health Impact the MDNR Air Quality Permit #0695010 infrequent and of short duration, Mitigation Commitments for fog oil training) for any chemical thereby avoiding any potential for No significant adverse impacts are constituents of concern. significant adverse impacts. expected to occur under the ‘‘Quality of The Army will develop a Public At the time the FEIS was published, Life’’ evaluation category and therefore, Awareness Program to inform the public the National Academy of Sciences no mitigation is required for the Quality in the surrounding community and (NAS) Subcommittee on Military of Life component of this evaluation those living at, working at, or visiting Smokes and Oscurants of the Committee category. FLW about fog oil obscurant training, on Toxicology (‘‘Committee’’) had not No significant adverse impacts are and the potential health risks associated completed their evaluation of the expected to occur to human health as a with exposures to fog oil. Appendix L human health effects of fog oil. The result of implementation of the Army’s has been included as part of Volume III NAS Committee report was, however, Preferred Alternative. However, in of the FEIS to describe the intent and released before the completion of this response to comments received from general scope of the Public Awareness ROD. A careful review of the Committee review agencies and the general public Program. As stated in Appendix L, the report reveals that their conclusions on the Draft EIS, the FEIS identifies a Public Awareness Program will be regarding the health effects of fog oil number of measures that will be implemented a minimum of three Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28685 months prior the initiation of fog oil avoid or minimize harm to the DEPARTMENT OF EDUCATION training at FLW. environment that may be cased by implementation of the planned action. Submission for OMB Review; 5.15 Installation Agreements Comment Request The FEIS concludes that Dated: May 15, 1997. implementation of the Army’s Preferred Robert M. Walker, AGENCY: Department of Education. Alternative will result in a requirement Assistant Secretary of the Army (Installations, ACTION: Submission for OMB review; to develop new Intraservice and Logistics & Environment). comment request. Interservice Support Agreements among [FR Doc. 97–13802 Filed 5–23–97; 8:45 am] SUMMARY: The Director, Information the various components to conduct BILLING CODE 3710±08±M operations at FLW. No adverse impacts Resources Management Group, invites are anticipated, since these agreements comments on the submission for OMB review as required by the Paperwork are designed to ensure that all parties DEPARTMENT OF DEFENSE are aware of, and comply with all Reduction Act of 1995. applicable procedures governing Department of the Navy, DoD DATES: Interested persons are invited to ongoing operations at FLW. submit comments on or before June 26, Board of Visitors to the United States 1997. Installation Agreement Impact Naval Academy; Closed Meeting ADDRESSES: Written comments should Mitigation Commitments be addressed to the Office of No adverse impacts are expected, and SUMMARY: Pursuant to the provisions of Information and Regulatory Affairs, therefore, no mitigation is required. the Federal Advisory Committee Act (5 Attention: Dan Chenok, Desk Officer, 5.16 Operational Efficiency U.S.C. App. 2), notice is hereby given Department of Education, Office of that a special subcommittee of the Board Management and Budget, 725 17th The collocation and consolidation of of Visitors to the United States Naval Street, NW., Room 10235, New the U.S. Army Engineer School (existing Academy will meet on May 28 and 29, Executive Office Building, Washington, at FLW) with the relocated Chemical 1997, at the United States Naval DC 20503. Requests for copies of the School and Military Police School as Academy, Annapolis, MD, at 8:30 a.m. proposed information collection specified in the Army’s Preferred This meeting will be closed to the requests should be addressed to Patrick Alternative provides for the maximum public. J. Sherrill, Department of Education, 600 amount of interaction among the school Independence Avenue, S.W., Room staff and students. This increased The purpose of the meeting is to make 5624, Regional Office Building 3, positive interaction will substantially such inquiry as the Board shall deem Washington, DC 20202–4651. improve the synergism (operational necessary into the state of morale and FOR FURTHER INFORMATION CONTACT: efficiency and effectiveness) as discipline, the curriculum, instruction, Patrick J. Sherrill (202) 708–8196. described in applicable sections of the physical equipment, fiscal affairs, and Individuals who use a FEIS. academic methods of the Naval telecommunications device for the deaf Operational Efficiency Impact Academy. During this meeting inquiries (TDD) may call the Federal Information Mitigation Commitments will relate to the internal personnel Relay Service (FIRS) at 1–800–877–8339 rules and practices of the Academy, may No adverse impacts are expected, and between 8 a.m. and 8 p.m., Eastern time, involve on-going criminal Monday through Friday. therefore, no mitigation is required. investigations, and include discussions SUPPLEMENTARY INFORMATION: Section 6. Conclusions of personal information on the 3506 of the Paperwork Reduction Act of On behalf of the department of the disclosure of which would constitute a 1995 (44 U. S. C. Chapter 35) requires Army, I have decided to proceed with clearly unwarranted invasion of that the Office of Management and actions required to relocate the U.S. personal privacy. Accordingly, the Budget (OMB) provide interested Army Chemical School and the U.S. Secretary of the Navy has determined in Federal agencies and the public an early Army Military police School to FLW. I writing that the special subcommittee opportunity to comment on information have carefully considered the FEIS, meeting shall be closed to the public collection requests. OMB may amend or supporting studies, all comments because they will be concerned with waive the requirement for public provided during formal comment and matters as outlined in section 552(b) (2), consultation to the extent that public waiting periods throughout the EIS (5), (6), (7), and (9) of Title 5, United participation in the approval process process, and the NAS Committee report. States Code. would defeat the purpose of the Based on this review, I have determined information collection, violate State or FOR FURTHER INFORMATION CONCERNING that the Army’s Preferred Action Federal law, or substantially interfere THIS MEETING CONTACT: (including implementation of the Lieutenant with any agency’s ability to perform its Optimum Training Method Alternative, Commander Adam S. Levitt, U.S. Navy, statutory obligations. The Director of the the Army’s Proposed Land Use and Secretary to the Board of Visitors, Office Information Resources Management Facility Plan (Combined Headquarters of the Superintendent, United States Group publishes this notice containing and Instruction), and the Phased Move Naval Academy, Annapolis, MD 21402– proposed information collection Alternative) strikes the proper balance 5000, telephone number (410) 293– requests prior to submission of these between the necessary protection of the 1503. requests to OMB. Each proposed environment, and the national defense Dated: May 15, 1997. information collection, grouped by interest of maintaining the ability of the Donald E. Koenig, Jr., office, contains the following: (1) Type Chemical School and Military Police of review requested, e.g., new, revision, School to complete mission essential LCDR, JAGC, USN, Federal Register Liaison extension, existing or reinstatement; (2) Officer. training activities. Furthermore, I have Title; (3) Summary of the collection; (4) determined that the Army has identified [FR Doc. 97–13788 Filed 5–23–97; 8:45 am] Description of the need for, and and adopted all practicable means to BILLING CODE 3810±FF±P proposed use of, the information; (5) 28686 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

Respondents and frequency of applications submitted in response to atmosphere, ocean and coupled atmosphere- collection; and (6) Reporting and/or this notice must be received by 4:30 ocean general circulation models (GCM) that Recordkeeping burden. OMB invites p.m., EDT, August 5, 1997, to permit more accurately and efficiently describe and predict global climate system behavior on the public comment at the address specified timely consideration for award in Fiscal time and space scales mentioned above using above. Copies of the requests are Year 1998. advanced, parallel-processing scientific available from Patrick J. Sherrill at the ADDRESSES: Preapplications referencing supercomputers. address specified above. Program Notice 97–16 may be sent to (4) The development of improved Dated: May 20, 1997. one of the program contacts at the representations of key climate processes (surface processes, convective transport, etc.) Gloria Parker, following address: Office of Health and Environmental Research, Environmental that accurately simulate these processes on Director, Information Resources Management the appropriate scales used in GCM-based Group. Sciences Division, ER–74, U.S. climate models that simulate decade-to- Department of Energy, 19901 century climate change. Office of Special Education and Germantown Road, Germantown, MD (5) The development and analysis of long- Rehabilitative Services 20874–1290. Formal applications term, observation based climate data sets that Type of Review: Reinstatement. referencing Program Notice 97–16 can be used to test the ability of GCM-based Title: Report of Services for Children should be forwarded to: U.S. climate models to realistically simulate and with Deaf-Blindness Program. Department of Energy, Office of Energy predict climate system behavior on the above-mentioned time and space scales. The Frequency: Annually. Research, Grants and Contract Division, data sets should be developed from existing Affected Public: Not-for-profit ER–64, 19901 Germantown Road, observational data bases and not require the institutions; State, local or Tribal Gov’t, Germantown, MD 20874–1290, ATTN: collection of further measurements. SEAs and LEAs. Program Notice 97–16. This address also Accurate prediction of climate change Annual Reporting and Recordkeeping must be used when submitting on decadal and longer time scales is a Hour Burden: applications by U.S. Postal Service major scientific objective of the Responses: 58 Express Mail, any commercial mail Environmental Sciences Division (ESD). Burden Hours: 522 delivery service, or when hand-carried The DOE Climate Change Prediction Abstract: Form OMB No. 1820–0532 by the applicant. An original and seven Program is the next phase in the under the Services for Children with copies of the application must be evolution of DOE’s long-standing Deaf-Blindness program, is the sole submitted; however, applicants are climate modeling and simulation source of data on (a) Number of deaf- requested not to submit multiple research agenda. It was developed from blind children served by age, severity, application copies using more than one the integration of the Computer sex, and nature of deaf-blindness; (b) delivery or mail service. Hardware, Advanced Mathematics and Number of service trained/counseled; FOR FURTHER INFORMATION CONTACT: Dr. Model Physics (CHAMMP) climate and types of services provided. The Patrick A. Crowley, Office of Health and model development program with the form is used annually to report the most Environmental Research, Environmental CO2 Research Program climate research accurate count to Congress. Sciences Division, ER–74, U.S. program element. The program is Department of Energy, 19901 [FR Doc. 97–13699 Filed 5–23–97; 8:45 am] focused on developing, testing and Germantown Road, Germantown, MD BILLING CODE 4000±01±P applying climate simulation and 20874–1290, telephone (301) 903–3069, prediction models that stay at the fax (301) 903–8519, Internet e-mail leading edge of scientific knowledge address: [email protected]. or Dr. DEPARTMENT OF ENERGY and computational technology. A Wanda Ferrell, Office of Health and unique feature of the program is the Office of Energy Research; Energy Environmental Research, Environmental establishment of a distributed modeling Research Financial Assistance Sciences Division, ER–74, U.S. center involving DOE National Program Notice 97±16; Climate Change Department of Energy, 19901 Laboratories, the National Center for Prediction Program Germantown Road, Germantown, MD Atmospheric Research and the non- 20874–1290, telephone (301) 903–0043, Federal research community. The AGENCY: U.S. Department of Energy. fax (301) 903–8519, Internet e-mail program will develop models based on ACTION: Notice inviting grant address: [email protected]. more definitive theoretical foundations applications. Program information is available on the and improved computational methods DOE/OHER WWW site using the URL that will run efficiently on future SUMMARY: The Office of Health and http://www.er.doe.gov/production/ generations of high-performance Environmental Research (OHER) of the oher/ESDltop.html. scientific supercomputers. The intent is Office of Energy Research (ER), U.S. SUPPLEMENTARY INFORMATION: This to increase dramatically both the Department of Energy (DOE), hereby notice requests applications for grants to accuracy and throughput of computer announces its interest in receiving support the following five efforts: model-based predictions of future applications to support the development climate system response to the of decadal to multi-century climate (1) Continuation and enhancement of activities previously funded by DOE under increased atmospheric concentrations of prediction in conjunction with the the auspices of the Carbon Dioxide Research greenhouse gases. Climate Change Prediction Program, a Program climate research program element To ensure that the program meets the part of the U.S. Global Change Research and the Computer Hardware, Advanced broadest needs of the research Program (USGCRP). Mathematics and Model Physics (CHAMMP) community and the specific needs of DATES: Applicants are encouraged (but climate model development program. ESD, the successful applicants will not required) to submit a brief (2) Theoretical limits to climate prediction participate as members of the Climate preapplication for programmatic review. over decade to multi-century time frames Change Prediction Program Science with subcontinental and smaller scale spatial There is no deadline for the accuracy. Team along with selected scientists preapplication, but early submission of (3) The development of improved from related ESD programs. Costs for the preapplications is encouraged to allow mathematical techniques, model participation in Science Team meetings time for meaningful discussions. Formal formulations and computer algorithms for and workshops should be included in Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28687 the respondent’s application. Yearly but not limited to, atmospheric and from $50,000 to $600,000. The technical estimates for Science Team travel ocean dynamics and transport, surface portion of the application should not should be based on one trip of five days energy and mass exchange, atmospheric exceed twenty-five (25) double-spaced to Washington, DC, one trip of five days radiative transfer, ocean convection, and pages and should include detailed to San Francisco, CA, and one trip of sea-ice dynamics and thermodynamics. budgets for each year of support five days to Denver, CO. Applicants in this area must include a requested. For applications requesting Successful applicants for continuation plan for the dissemination of any continuation or enhancements to or enhancement of previously-awarded developed model code, and necessary previously awarded grants, the grants will demonstrate (a) the documentation, to the climate modeling ‘‘Accomplishments Under Previous continued relevance of their work to the community. Support’’ section should not exceed ten goal of advancing the science of decade- Successful applicants developing or (10) additional double-spaced pages. An to-multi-century climate prediction; (b) improving representations of climate abstract of 200 words or less must be the quality and relevance of work system processes for inclusion in GCM- included with the application. Lengthy conducted under previous support to based climate prediction models will appendices are discouraged. this goal, including a listing of conduct research to more accurately Collaborative applications are publications and presentations; and (c) describe these processes and their encouraged. Awards are expected to relevant contributions to the interaction with other aspects of the begin on or about December 1, 1997. development of DOE CHAMMP and simulated climate system. These studies Potential applicants are strongly Climate Modeling programs, including will explore methods for incorporating encouraged to submit a brief participation in the organization of the results of the U.S. Global Change preapplication that consists of two to meetings and workshops and Research Program’s observational and three pages of narrative describing the collaborations with other DOE experimental programs into model research project objectives and methods investigators. Applicants should include components that accurately describe of accomplishment. These will be a special section entitled climate system processes at the model reviewed relative to the scope and ‘‘Accomplishments Under Previous resolution scales typically used for research needs of the DOE’s Climate Support,’’ which addresses items (b) decade-to-multi-century climate Change Prediction Program. Principal and (c) discussed in this paragraph. prediction. Applicants in this area must investigator address, telephone number, Applicants should be prepared to include a plan for the dissemination of fax number and e-mail address are provide, on short notice, complete any developed model code, and required parts of the preapplication. A copies of all publications, reports, etc. necessary documentation, to the climate response to each preapplication listed in this section, should they be modeling community. discussing the potential program required for the review process. Successful applicants developing relevance of a formal application Successful applicants for grants model diagnostic data sets will analyze generally will be communicated within exploring the theoretical limits of existing observational data bases to 30 days of receipt. ER’s preapplication climate prediction will conduct studies develop time dependent records of policy can be found on ER’s Grants and of the climate system to ascertain the climate variability and climate change Contracts Web Site at: http:// capability for computer based climate that can be used as tests for climate www.er.doe.gov/production/grants/ simulation models to predict the aspects change predictions. Analysis of the data preapp.html. of the climate system that influence should include consideration of the Applications will be subjected to near-surface temperature, precipitation climate dynamical processes that led to formal merit review (peer review) and and winds, decades to centuries in the the temporal and spatial variability in will be evaluated against the following future. These studies may include, but the record. evaluation criteria which are listed in are not limited to, analytical and Especially important is the descending order of importance codified modeling investigations of the coupled development of diagnostic data sets that at 10 CFR 605.10(d): climate system, or components of the can be used to test model predictions of climate system, to identify climate long-term changes the near-surface 1. Scientific and/or Technical Merit of dynamical mechanisms that influence temperature, precipitation and wind the Project; long-term variability and predictability climatologies over continental and sub- 2. Appropriateness of the Proposed over continental and subcontinental continental spatial scales. Applicants in Method or Approach; spatial scales. this area must include a plan to allow 3. Competency of Applicant’s personnel Successful applicants for developing the inexpensive dissemination of the and Adequacy of Proposed Resources; new mathematical techniques and diagnostic data sets in a standard digital 4. Reasonableness and Appropriateness numerical algorithms will target their format. of the Proposed Budget. research toward methods that can be It is anticipated that approximately The evaluation will include program incorporated into models running on $3,000,000 will be available for awards policy factors such as the relevance of highly parallel scientific in Fiscal Year 1998, contingent upon the the proposed research to the terms of supercomputers capable of performing availability of appropriated funds. the announcement and an agency’s over 1011 floating-point operations per Multiple year funding of awards is programmatic needs. Note, external peer second (100 giga-FLOPS) in climate expected, with out-year funding also reviewers are selected with regard to modeling simulations. Applicants must contingent upon the availability of both their scientific expertise and the demonstrate the role of their research in appropriated funds, progress of the absence of conflict-of-interest issues. improving the accuracy and/or research, and programmatic needs. The Non-federal reviewers will often be computational efficiency of GCM-based allocation of funds within the research used, and submission of an application climate simulation models of the type areas will depend upon the number and constitutes agreement that this is envisioned for use in making forecasts quality of applications received. It is acceptable to the investigator(s) and the of long-term climate change. These anticipated that a substantial fraction of submitting institution. methods may be used in the simulation the funds will support continuation of To provide a consistent format for the of any or all of the climate system existing research. Typical awards in this submission, review and solicitation of processes modeled in a GCM, including, area are $200,000 per year, but range grant applications submitted under this 28688 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices notice, the preparation and submission GTN, Germantown, Maryland 20874, DEPARTMENT OF ENERGY of grant applications must follow the Telephone: (301) 903–4801. guidelines given in the Application Federal Energy Regulatory SUPPLEMENTARY INFORMATION: Guide for the Office of Energy Research Purpose of Commission the Meeting: To provide advice and Financial Assistance Program 10 CFR [Docket No. GP97±3±000] Part 605. Applicants are strongly guidance on a continuing basis with encouraged to access ER’s Financial respect to the high energy physics Amoco Production Company, Assistance Application Guide via the research program. Anadarko Petroleum Corporation, World Wide Web at: http:// Tentative Agenda Mobil Oil Corporation, OXY USA, Inc. www.er.doe.gov/production/grants/ and Union Pacific Resources grants.html. A limited number of paper Wednesday, July 16, 1997 and Company; Notice of Petition for copies of the Application Guide are Thursday, July 17, 1997: Adjustment available and may be obtained from Ms. Karen Carlson, U.S. Department of Discussion of Department of Energy May 20, 1997. Energy, Office of Health and High Energy Physics Programs and FY Take notice that on May 12, 1997, Environmental Research, Environmental 1998 Budget Amoco Production Company, P.O. Box Sciences Division, ER–74, 19901 Discussion of National Science 3092, Houston, Texas 77253–3092, Anadarko Petroleum Corporation,1 P.O. Germantown Road, Germantown, MD Foundation Elementary Particle Box 1330, Houston, Texas 77251, Mobil 20874. Telephone request may be made Physics Programs and FY 1998 Budget Oil Corporation, 12450 Greenspoint by calling (301) 903–3338 or by Internet Discussion of the Status of the Large e-mail to [email protected]. Drive, Houston, Texas 77060–1991, Hadron Collider Project and U.S. 2 Technical information on the OXY USA, Inc., 110 West 7th Street, Participation CHAMMP and Climate Modeling Tulsa, Oklahoma 74119, and Union 3 Programs is available on the WWW at Discussion of University-based High Pacific Resources Company, Fort the URL http://www.er.doe.gov/ Energy Physics Programs Worth, Texas 76102–6803 (collectively production/oher/GC/ESDlgc.html or identified as Petitioners) filed a petition Status of Subpanel on Planning for the for adjustment under Section 502(c) of from the Office of Scientific and Future of U.S. High Energy Physics Technical Information, P.O. Box 62, Oak the Natural Gas Policy Act of 1978 Presentations and Discussions of Ridge, TN 37831, telephone (423) 576– (NGPA) and Subpart K of the 8401. Fermilab Program Commission’s Rules of Practice and The Catalog of Federal Domestic Reports on and Discussions of Topics of Procedure, requesting pre-remittance Assistance Number for this program is General Interest in High Energy relief from the requirement to pay 81.049, and the solicitation control Physics interest on all refunds that Petitioners number is ERFAP 10 CFR Part 605. may be directed to make with respect to Public Comment (10 minute rule) gas production between October 4, 1983 Issued in Washington, DC, on May 16, and June 28, 1988, owing to Petitioners’ 1997. Public Participation: The two-day meeting is open to the public. The collection (from their respective gas John Rodney Clark, Chairperson of the Panel is empowered purchasers) of Kansas ad valorem tax Associate Director for Resource Management, reimbursements that have since been Office of Energy Research. to conduct the meeting in a fashion that will, in his judgment, facilitate the deemed to be in excess of the NGPA’s [FR Doc. 97–13791 Filed 5–23–97; 8:45 am] orderly conduct of business. Any applicable maximum lawful gas prices, BILLING CODE 6450±01±P all as more fully set forth in the subject member of the public who wishes to petition. make oral statements pertaining to This matter evolved out of the DEPARTMENT OF ENERGY agenda items should contact the Commission’s 1974 decision in Opinion Executive Secretary at the address or No. 699–D, to permit gas producers to Office of Energy Research telephone number listed above. recover Kansas ad valorem tax Requests must be received at least 5 reimbursements from their gas High Energy Physics Advisory Panel; days prior to the meeting and reasonable Notice of Open Meeting purchasers, the Commission’s provision will be made to include the subsequent decision to allow gas AGENCY: Department of Energy. presentation on the agenda. producers to collect Kansas ad valorem ACTION: Notice of open meeting. Minutes: Available for public review tax reimbursements under Section 110 and copying at the Public Reading of the NGPA, and Northern Natural Gas SUMMARY: Pursuant to the provisions of Room, Room 1E–190, Forrestal Company’s 1983 challenge to such the Federal Advisory Committee Act Building, 1000 Independence Avenue, collections,4 culminating in the decision (Public Law 92–463, 86 Stat. 770), S.W., Washington, D.C. between 9:00 by the United States Court of Appeals notice is given of a meeting of the High a.m. and 4:00 p.m., Monday through for the District of Columbia Circuit, in Energy Physics Advisory Panel. Friday, except Federal holidays. Public Service Company of Colorado v. DATES: Wednesday, July 16, 1997; 9:00 FERC, 91 F.3d 1478 (D.C. Cir. 1996), a.m. to 6:00 p.m.; and Thursday, July 17, Issued at Washington, DC. on May 21, that refunds should be paid with respect 1997; 9:00 a.m. to 4:00 p.m. 1997. Rachel M. Samuel, 1 Anadarko’s predecessors in interest include Pan ADDRESSES: Fermi National Accelerator Deputy Advisory Committee Management Eastern Exploration Company, APX Corporation, Laboratory, Wilson Hall, Batavia, and Metagorda Island Exploration Corporation. Officer. Illinois 60510. 2 OXY’s predecessors in interest include Cities [FR Doc. 97–13792 Filed 5–23–97; 8:45 am] FOR FURTHER INFORMATION CONTACT: Dr. Service Oil and Gas Corporation and Cities Service BILLING CODE 6450±01±P Company. Robert Diebold, Executive Secretary, 3 Union Pacific’s predecessors in interest include High Energy Physics Advisory Panel, Champlin Petroleum Company. U.S. Department of Energy, ER–22, 4 See 48 FR 45287 (October 4, 1983). Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28689 to Kansas ad valorem tax in determining the appropriate action to inspection in the Public Reference reimbursements on production between be taken, but will not serve to make Room. October 4, 1983 and June 28, 1988, and protestants parties to the proceeding. Lois D. Cashell, the Supreme Court’s denial of cross- Copies of this filing are on file with the Secretary. petitions for certiorari, filed in Commission and are available for public [FR Doc. 97–13727 Filed 5–23–97; 8:45 am] connection with the D.C. Circuit’s inspection in the Public Reference decision in Public Service Company of Room. BILLING CODE 6717±01±M Colorado v. FERC. Lois D. Cashell, Any person desiring to participate in Secretary. DEPARTMENT OF ENERGY this proceeding must file a motion to [FR Doc. 97–13725 Filed 5–23–97; 8:45 am] intervene in accordance with Sections BILLING CODE 6717±01±M Federal Energy Regulatory 385.211 and 385.214 of the Commission Commission’s Rules of Practice and Procedures. All motions must be filed DEPARTMENT OF ENERGY with the Secretary of the Commission [Docket No. RP97±166±004] within 15 days after publication of this Federal Energy Regulatory notice in the Federal Register. The Commission Columbia Gulf Transmission petition for adjustment is on file with Company; Notice of Proposed Changes in FERC Gas Tariff the Commission and is available for [Docket No. RP97±367±000] public inspection. May 20, 1997. Lois D. Cashell, ANR Pipeline Company; Notice of Secretary. Proposed Changes in FERC Gas Tariff Take notice that on May 14, 1997, [FR Doc. 97–13717 Filed 5–23–97; 8:45 am] Columbia Gulf Transmission Company May 20, 1997. BILLING CODE 6717±01±M (Columbia Gulf) tendered for filing with Take notice that on May 15, 1997, the Federal Energy Regulatory ANR Pipeline Company (ANR) tendered Commission (Commission) the DEPARTMENT OF ENERGY for filing as part of its FERC Gas Tariff, following changes to its FERC Gas Tariff Second Revised Volume No. 1 and effective June 1, 1997: Federal Energy Regulatory Original Volume No. 2, the following Substitute Second Revised Sheet No. 196 Commission tariff sheets proposed to become Original Sheet No. 196A [Docket No. RP97±307±001] effective June 1, 1997: Second Revised Volume No. 1 Columbia Gulf states this filing is ANR Pipeline Company; Notice of Eighth Revised Sheet No. 17A being made to provide for the correction Proposed Changes in FERC Gas Tariff of certain errors made when Columbia Original Volume No. 2 May 20, 1997. Gulf made its GISB compliance filing on Twelfth Revised Sheet No. 14 April 2, 1997, in Docket No. RP97–166– Take notice that on May 15, 1997, Sixth Revised Sheet No. 15 ANR Pipeline Company (ANR) tendered 000. In that respect, Columbia Gulf is for filing as part of its FERC Gas Tariff, ANR states that the above-referenced revising Sheet No. 196, filing a new the following revised tariff sheets, to tariff sheets are being submitted to Sheet No. 196A, and revising the become effective May 1, 1997: commence recovery of approximately diskette on which the tariff sheets are contained in order to ensure that the Second Revised Volume No. 1 $6.1 million of costs, including carrying charges, associated with payments made diskette accurately reflects the Substitute Seventh Revised Sheet 17A by ANR to Great Lakes Transmission, information contained on the paper Original Volume No. 2 L.L.P. (Great Lakes). ANR states that the copy of the filed tariff sheets. Substitute Fourth Revised Sheet No. 15 costs were billed by Great Lakes as a Any person desiring to protest said result of the Commission’s Order on filing should file a protest with the ANR states the above-referenced tariff remand in Docket No. RP91–143–047. sheets are being submitted to comply Federal Energy Regulatory Commission, with the Commission’s April 30, 1997 ANR states that all of its Volume No. 888 First Street, NE., Washington, DC Order in the captioned proceeding. ANR 1 and Volume No. 2 customers and 20426, in accordance with Section states that the net result of this filing is interested State Commissions have been 385.211 of the Commission’s Rules and a charge to its customers of $.456 mailed a copy of this filing. Regulations. All such protests must be million, inclusive of carrying charges. Any person desiring to protest said filed as provided in Section 154.210 of ANR states that all of its Volume No. filing should file a protest with the the Commission’s Regulations. Protests 1 and Volume No. 2 customers and Federal Energy Regulatory Commission, will be considered by the Commission interested State Commissions have been 888 First Street, N.E., Washington, D.C. in determining the appropriate action to mailed a copy of this filing. 20426, in accordance with Section be taken, but will not serve to make Any person desiring to protest said 385.211 of the Commission’s Rules and protestants parties to the proceeding. filing should file a protest with the Regulations. All such protests must be Copies of this filing are on file with the Federal Energy Regulatory Commission, filed as provided as Section 154.210 of Commission and are available for public 888 First Street, NE., Washington, DC the Commission’s Regulations. Protests inspection in the Public Reference 20426 in accordance with Section will be considered by the Commission Room. 385.211 of the Commission’s Rules and in determining the appropriate action to Regulations. All such protests must be be taken, but will not serve to make Lois D. Cashell, filed as provided in Section 154.210 of protestants parties to the proceeding. Secretary. the Commission’s Regulations. Protests Copies of this filing are on file with the [FR Doc. 97–13720 Filed 5–23–97; 8:45 am] will be considered by the Commission Commission and are available for public BILLING CODE 6717±01±M 28690 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

DEPARTMENT OF ENERGY transportation services under Subpart G DEPARTMENT OF ENERGY of Part 284 of the Commission’s Federal Energy Regulatory regulations, and the restructuring of Federal Energy Regulatory Commission their respective services under Order Commission [Docket No. CP97±522±000] No. 636, has rendered the August 4 Agreement (i.e., Rate Schedule X–18) [Docket No. CP85±221±091] Florida Gas Transmission Company unnecessary and obsolete. and Southern Natural Gas Company; The Applicants also state that no Frontier Gas Storage Company; Notice Notice of Joint Application To Florida Gas or Southern customer will of Sale Pursuant to Settlement Abandon Transportation Service and be disadvantaged by the proposed Agreement Service Agreement abandonment, and that the proposed May 20, 1997. May 20, 1997. abandonment will not result in the Take notice that on May 15, 1997, abandonment of any of Florida Gas’ or Take notice that on May 14, 1997, Florida Gas Transmission Company Southern’s facilities or services. Frontier Gas Storage Company (Florida Gas), 1400 Smith Street, (Frontier), c/o Reid & Priest, Market Any person desiring to be heard or to Square, 701 Pennsylvania Ave., N.W., Houston, Texas 77251–1188 and make any protest with reference to said Suite 800, Washington, D.C. 20004, in Southern Natural Gas Company application should on or before June 10, compliance with provisions of the (Southern), P.O. Box 2563, Birmingham, 1997, file with the Federal Energy Commission’s February 13, 1985, Order Alabama 35202–2563, filed a joint Regulatory Commission, Washington, in Docket No. CP82–487–000, et al., application in Docket No. CP97–522– D.C. 20426, a motion to intervene or a submitted an executed Service 000, requesting: (1) Permission and protest in accordance with the Agreement under Rate Schedule LVS–1 approval, pursuant to section 7(b) of the requirements of the Commission’s Rules providing for the possible sale of up to Natural Gas Act, to abandon the of Practice and Procedure (18 CFR a daily quantity of 100,000 MMBtu, not transportation service that Florida Gas 385.214 or 385.211) and the Regulations used to provide to Southern under under the Natural Gas Act (18 CFR to exceed 10 Bcf of Frontier’s gas storage Florida Gas Rate Schedule X–18 along 157.10). All protests filed with the inventory on an ‘‘as metered’’ basis to with the subject August 4, 1980 Commission will be considered by it in Prairelands Energy Marketing Inc. for transportation service agreement determining the appropriate action to be term ending June 1, 1997. (August 4 Agreement); and (2) any other taken but will not serve to make the Under Subpart (b) of Ordering authorizations deemed necessary to Paragraph (F) of the Commission’s implement the abandonment (as protestants party to the proceeding. Any proposed), all as more fully set forth in person wishing to become a party to a February 13, 1985,Order, Frontier is the application, which is on file with proceeding or to participate as a party ‘‘authorized to commence the sale of its the Commission and open to public in any hearing therein must file a inventory under such an executed inspection. motion to intervene in accordance with service agreement fourteen days after The Applicants state that, under the the Commission’s Rules. filing the agreement with the terms of the August 4 Agreement, Take further notice that, pursuant to Commission, and may continue making Florida Gas transported Southern’s 50 the authority contained in and subject to such sale unless the Commission issues percent share of gas purchased in the the jurisdiction conferred upon the an order either requiring Frontier to stop Brazos Area, offshore Texas (up to 8,300 Federal Energy Regulatory Commission selling and setting the matter for hearing MMBtu/day) from an interconnection by Sections 7 and 15 of the Natural Gas or permitting the sale to continue and between facilities authorized in Docket Act and the Commission’s Rules of establishing other procedures for No. CP80–211 1 and Florida Gas’ Kain Practice and Procedure, a hearing will resolving the matter.’’ Lateral, in Matagorda County, Texas, to be held without further notice before the Any person desiring to be heard or to an interconnection between the pipeline Commission or its designee on this make a protest with reference to said facilities of Florida Gas and Southern, in application, if no motion to intervene is filing should, within 10 days of the Washington Parish, Louisiana. The filed within the time required herein, or publication of such notice in the August 4 Agreement had a primary term if the Commission on its own review of Federal Register, file with the Federal of 15 years and continued thereafter the matter finds that permission and until Florida Gas or Southern provided Energy Regulatory Commission (888 1st approval for the proposed abandonment Street N.E., Washington, D.C. 20426) a the other with written notice to are required by the public convenience terminate. The Applicants state that, by motion to intervene or protest in and necessity. If a motion for leave to accordance with the requirements of the letter agreement signed by Florida Gas intervene is timely filed, or if the on August 21, 1996, and by Southern on Commission’s Rules of Practice and Commission on its own motion believes Procedures, 18 CFR 385.214 or 385.211. September 30, 1996, both parties have that a formal hearing is required, further agreed to terminate the August 4 Protests will be considered by the notice of such hearing will be duly Commission in determining the Agreement and to waive the notice of given. termination. appropriate action to be taken, but will The Applicants state that the Under the procedure herein provided not serve to make protestants parties to implementation of open-access for, unless otherwise advised, it will be the proceding. Copies of this filing are unnecessary for Florida Gas and on file with the Commission and are 1 The CP80–211 facilities include, among other Southern to appear or be represented at available for public inspection. things, 15.5 miles of 10-inch diameter pipeline, and the hearing. 13.5 miles of 8-inch diameter pipeline that extends Lois D. Cashell, from an offshore platform in Brazos Block 340 to Lois D. Cashell, Secretary. an interconnection with Florida Gas’ Kain Lateral, Secretary. near Wadsworth, in Matagorda County, Texas, plus [FR Doc. 97–13713 Filed 5–23–97; 8:45 am] [FR Doc. 97–13715 Filed 5–23–97; 8:45 am] 4.3 miles of 4-inch pipeline that connects Brazos BILLING CODE 6717±01±M Block 367 to Brazos Block 340. BILLING CODE 6717±01±M Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28691

DEPARTMENT OF ENERGY revised tariff sheet to be effective May 385.211 of the Commission’s Rules and 1, 1997. Regulations. All such protests must be Federal Energy Regulatory Substitute Second Revised Sheet No. 100 filed as provided in Section 154.210 of Commission the Commission’s Regulations. Protests MRT states that this tariff sheet is will be considered by the Commission [Docket No. RP97±174±002] filed herewith to comply with the in determining the appropriate action to Commission order dated April 30, 1997 Gulf States Transmission Corporation; be taken, but will not serve to make in the above referenced docket. protestants parties to the proceeding. Notice of Proposed Changes in FERC Any person desiring to protest this Gas Tariff Copies of this filing are on file with the filing should file a protest with the Commission and are available for public May 20, 1997. Federal Energy Regulatory Commission, inspection in the Public Reference 888 First Street, N.E., Washington, D.C. Take notice that on May 15, 1997, Room. 20426, in accordance with 18 CFR Gulf States Transmission Corporation 385.211 of the Commission’s Rules and Lois D. Cashell, (GSTC) tendered for filing as part of its Regulations. All such protests must be Secretary. FERC Gas Tariff, Original Volume No. 1, filed as provided in Section 154.210 of [FR Doc. 97–13719 Filed 5–23–97; 8:45 am] certain tariff sheets to be effective the Commission’s Regulations. Protests BILLING CODE 6717±01±M November 1, 1997. will be considered by the Commission GSTC states that the purpose of the in determining the appropriate action to filing is to comply with the be taken, but will not serve to make DEPARTMENT OF ENERGY Commission’s Order No. 587–C, issued protestants parties to the proceeding. March 4, 1997 in Docket No. RM96–1– Federal Energy Regulatory Copies of this filing are on file with the 004. Commission Commission and are available for public GSTC states that it has modified its inspection in the Public Reference tariff to insert the revised and new GISB Room. [Docket Nos. CP96±790±000, CP96±791± standards accepted by the Commission 000, CP96±792±000] in Order No. 587–C. Lois D. Cashell, GSTC states that copies of the filing Secretary. Nautilus Pipeline Company, L.L.C.; are being mailed to its jurisdictional [FR Doc. 97–13723 Filed 5–23–97; 8:45 am] Notice of Meeting customers and interested state BILLING CODE 6717±01±M regulatory agencies. May 20, 1997. Any person desiring to protest this Take notice that a meeting has been filing should file a protest with the DEPARTMENT OF ENERGY scheduled in the above-captioned Federal Energy Regulatory Commission, proceeding for May 28, 1997, at 3:30 Federal Energy Regulatory 888 First Street, N.E., Washington, D.C. p.m., in Room No. 71–56 of the Federal Commission 20426, in accordance with Section Energy Regulatory Commission, 888 385.211 of the Commission’s Rules and [Docket No. RP97±64±006] First Street, N.E., Washington, D.C. Regulations. All such protests must be 20426. The purpose of the meeting is to filed as provided in Section 154.210 of Natural Gas Pipeline Company of discuss the proper regulatory treatment the Commission’s Regulations. Protests America; Notice of Compliance Filing of plant facilities that Nautilus Pipeline will be considered by the Commission Company, L.L.C. (Nautilus) proposes to May 20, 1997. construct, and to discuss Nautilus’ in determining the appropriate action to Take notice that on May 15, 1997, be taken, but will not serve to make proposed addition of a receipt point and Natural Gas Pipeline Company of new delivery points, for service by protestants parties to the proceeding. American (Natural) tendered for filing Copies of this filing are on file with the Nautilus, that will be made possible by as part of its FERC Gas Tariff, Sixth the construction of the plant facilities. Commission and are available for public Revised Volume No. 1, certain tariff inspection in the Public Reference Nautilus states that its application to sheets to be effective May 1, 1997. construct its 101-mile, 30-inch diameter Room. Natural states that the purpose of the Lois D. Cashell, offshore pipeline included facilities to filing is to comply with the accomplish connections at the Exxon- Secretary, Commission’s Order issued April 30, Garden City Plant, and that the funding [FR Doc. 97–13721 Filed 5–23–97; 8:45 am] 1997, in Docket Nos. RP97–64–001, et to construct such connections was BILLING CODE 6717±01±M al. (April 30 Order). included in its application. Nautilus Natural requests waiver of Ordering further states, however, that it is now Paragraph B of the April 30 Order to clear that the facilities required to effect DEPARTMENT OF ENERGY permit tariff sheets setting forth the rule these connections will be more factors and the fuel formula to become expensive and extensive than originally Federal Energy Regulatory effective May 1, 1997 rather than June Commission contemplated. Nautilus states that the 1, 1997. construction of these facilities will Natural states that copies of the filing [Docket No. RP97±298±002] facilitate deliveries by Nautilus’ are being mailed to its jurisdictional shippers to the Exxon-Garden City Plant customers, interested state regulatory Mississippi River Transmission and to interstate and intrastate pipelines agencies, and all parties set out on the Corporation; Notice of Filing downstream of that plant. official service list at Docket No. RP97– Persons interested in attending should May 20, 1997. 64. Take notice that on May 14, 1997, Any person desiring to protest said contact Marc F. Poole at (202) 208–0482. Mississippi River Transmission filing should file a protest with the Lois D. Cashell, Corporation (MRT) tendered for filing as Federal Energy Regulatory Commission, Secretary. part of its FERC Gas Tariff, Third 888 First Street, N.E., Washington, D.C. [FR Doc. 97–13814 Filed 5–23–97; 8:45 am] Revised Volume No. 1, the following 20426, in accordance with Section BILLING CODE 6717±01±M 28692 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

DEPARTMENT OF ENERGY Hoecker, William L. Massey, and Donald F. On September 9, 1988, Questar filed Santa, Jr. two tariff sheets with the Commission Federal Energy Regulatory that included gathering rates. One of Commission After completing a preliminary investigation under the Commission’s these was Tenth Revised Sheet No. 8, [Docket No. RP97±250±001] Rules Relating to Investigations, 18 CFR which set out a gathering rate of Part 1b, the Enforcement Section, Office $0.28941 per decatherm (Dth), to NorAm Gas Transmission Company; of the General Counsel (Enforcement), become effective November 1, 1988. The Notice of Proposed Changes in FERC has reported to the Commission that Commission accepted these sheets for Gas Tariff from November 1, 1988 through filing on December 1, 1988. 45 FERC ¶ 61,447 (1988). May 20, 1997. September 30, 1992, Questar Pipeline Company (Questar) may have collected On April 17, 1989, Questar filed an Take notice that on May 15, 1997, offer of settlement in Docket No. RP88– NorAm Gas Transmission Company gathering rates from Mountain Fuel Supply Company (Mountain Fuel) that 93. Questar’s offer included Substitute (NGT) tendered for filing as part of its Tenth and Eleventh Revised Sheets No. FERC Gas Tariff, Fourth Revised violate section 4(d) of the Natural Gas Act (NGA), 15 U.S.C. § 717c(d) (1994), 8, effective November 1, 1988 and Volume No. 1, the following revised January 1, 1989, respectively, both of tariff sheets to be effective May 1, 1997: and Questar’s Federal Energy Regulatory Commission (FERC) tariff. The instant which contained a gathering rate of Second Revised Sheet No. 282 order establishes a proceeding, pursuant $0.23095/Dth. On October 6, 1989, the Substitute Original Sheet No. 282A to sections 4, 5 and 16 of the NGA, 15 Commission approved Questar’s NGT states that the purpose of this U.S.C. §§ 717c, 717d and 717o (1994). settlement offer in Docket No. RP88–93, filing is to comply with the order issued with modifications not relevant here. 49 As discussed below, the Commission FERC ¶ 61,018 (1989).1 The settlement in this docket on April 30, 1997. is ordering Questar to show: (a) Why it Any person desiring to protest said gathering rate of $0.23095/Dth remained has not violated section 4(d) of the NGA filing should file a protest with the in effect through October 1991. and its FERC tariff as a result of its Federal Energy Regulatory Commission, On July 24, 1992, Questar submitted gathering charges to Mountain Fuel 888 First Street, N.E., Washington, D.C. a settlement offer in Docket No. RP91– from November 1, 1988 through 20426, in accordance with Section 140. The settlement offer included September 30, 1992; and (b) why it 385.211 of the Commission’s Rules of Third Substitute Seventh Revised Sheet should not refund (with interest running Practice and Procedure. All such No. 8 and Second Substitute Eighth through the refund date) the portion of protests must be filed as provided in Revised Sheet No. 8, effective November those gathering charges that exceeded Section 154.210 of the Commission’s 1, 1991 and January 1, 1992, the one-part gathering rates contained in Regulations. Protests will be considered respectively, both of which included a the revisions to Sheet No. 8, Volume 3, by the Commission in determining the ‘‘one-part’’ (commodity only, as of Questar’s tariff that were in effect appropriate action to be taken, but will opposed to demand and commodity) during that period. not serve to make protestants parties to gathering rate of $0.18296/Dth. The offer the proceeding. Copies of this filing are A. Background also included Ninth Revised Sheet No. on file with the Commission and are 8, effective October 1, 1992, which available for public inspection in the For a period including November 1, contained a one-part gathering rate of Public Reference Room. 1988 through September 30, 1992, $0.32693/Dth.2 The Utah Division of Questar was an interstate pipeline Lois D. Cashell, Public Utilities (UDPU), which engaged in the transportation and sale of regulated Mountain Fuel’s retail rates in Secretary. natural gas in interstate commerce, and [FR Doc. 97–13722 Filed 5–23–97; 8:45 am] Utah, intervened in this docket and filed was located in Salt Lake City, Utah. comments supporting the settlement. BILLING CODE 6717±01±M Mountain Fuel was a local distribution On November 3, 1992, the Commission company also located in Salt Lake City. approved the settlement. 61 FERC Questar and Mountain Fuel were DEPARTMENT OF ENERGY ¶ 61,180 (1992). corporate affiliates. B. The Alleged Overcharges Federal Energy Regulatory Questar gathered and transported gas Commission for Mountain Fuel. Volume No. 3 of Based on the information gathered in Questar’s FERC tariff contained Rate its investigation, Enforcement alleges [Docket No. IN97±1±000] Schedule No. X–33 (RS X–33), which that during the period from November 1, Questar Pipeline Company; Order governed Questar’s transportation for 1988 through September 30, 1992: Instituting Proceeding Mountain Fuel, and Sheet No. 8, which 1. Questar’s gathering rates to governed the transportation rates Mountain Fuel exceeded the gathering Issued May 9, 1997. Questar charged under RS X–33. rates set out in the revisions to Sheet Before Commissioners: Elizabeth Anne Questar periodically filed revisions to No. 8. The excessive rates, per Moler, Chair; Vicky A. Bailey, James J. Sheet No. 8 with the Commission. decatherm, were as follows:

Months Tariff rate Charged rate Excess rate

11±12/88 ...... $0.23095 $0.27840 $0.04745 01±12/89 ...... 23095 .24580 .01485 01±12/90 ...... 23095 .27940 .04845 01±10/91 ...... 23095 .28064 .04969

1 All citations to the FERC Reports are captioned Questar Pipeline Co. unless otherwise indicated. 2 On August 12, 1992, Questar amended its settlement offer in ways not relevant here. Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28693

Months Tariff rate Charged rate Excess rate

11±12/91 ...... 18296 .28064 .09768 01±09/92 ...... 18296 .28190 .09894

2. Questar’s gathering overcharges to Mountain Fuel totaled $3,427,192. The overcharges for the time periods set out in ¶ 1 were as follows:

Decatherms Months sold Excess rate Overcharge

11±12/88 ...... 5,619,369 $0.04745 $266,639 01±12/89 ...... 18,439,042 .01485 273,820 01±12/90 ...... 15,107,171 .04845 731,942 01±10/91 ...... 14,613,340 .04969 726,137 11±12/91 ...... 5,496,168 .09768 536,866 01±01/92 ...... 9,013,427 .09894 891,788

3. Mountain Fuel passed through to its customers all gathering charges that it paid to Questar, including Questar’s overcharges.

C. Discussion directed Questar to include a gathering Indeed, Questar’s acceptance of these During the course of the investigation, rate in its tariff sheets was during an settlements precludes the company from Questar made a number of contentions August 4, 1988 meeting that Questar challenging the Commission’s that warrant comment. Questar argued had arranged with staff of the Office of jurisdiction over Questar’s gathering that the Commission lacks jurisdiction Pipeline Regulation (OPR) to discuss a rates during the period at issue. In over its gathering rates, and cited July 18, 1988 letter order that the Colorado Interstate Gas Co. v. FERC, 83 Section 1(b) of the NGA, 15 U.S.C. Director of OPR had issued in Docket F.3d 1298 (10th Cir. 1996), the court § 717(b) (1994), and Northwest Pipeline No. RP88–93. In that meeting, OPR staff held that an interstate pipeline that had Corp. v. FERC, 905 F.2d 1403 (10th Cir. directed Questar to include a ‘‘gathering entered into a settlement requiring it to 1990), in support of this assertion. rate of general applicability’’ in its tariff. charge specified gathering rates lacked Section 1(b) states that the NGA does On August 17, 1988, Questar included standing to challenge Commission not apply ‘‘to the production or a challenge to staff’s directive in jurisdiction over those rates during the gathering of natural gas.’’ In Northwest Questar’s appeal of the letter order. term of the settlement. The settlement Pipeline, the court reversed a ‘‘Questar Pipeline Company’s Appeal rates in either Docket No. RP88–93 or Commission order asserting jurisdiction from Staff Action’’ (Docket No. RP88– Docket No. RP91–140 were in effect over what the Commission claimed 93–005, et al.). Questar based its throughout the period from November 1, 4 were a pipeline’s transportation rates; challenge on the assertion that the 1988 through September 30, 1992. the court held that the Commission had Commission lacks jurisdiction over Questar also claimed that the failed to adequately support its gathering. Id. at pp. 18–19. On February gathering rates contained in the conclusion that the pipeline’s rates were 1, 1989, the Commission denied revisions to Sheet No. 8 did not apply for transportation rather than gathering. Questar’s appeal in part, but did not to Mountain Fuel. Questar contended However, Northern Natural Gas Co. v. address Questar’s jurisdictional that these rates were ‘‘default rates’’ that FERC, 929 F.2d 1261 (8th Cir. 1990), challenge. 46 FERC ¶ 61,115 (1989).3 only applied to those gathering cert. denied, 502 U.S. 856 (1991), rather Questar views the Commission’s silence contracts that did not provide for than Northwest Pipeline, governs the on this point as a failure to assert specific gathering rates (such as Commission’s authority to regulate jurisdiction. contracts that expressly incorporated Questar’s gathering rates. In Northern However, the Commission’s December the prevailing tariff rate). During the Natural, the court upheld the 1, 1988 order, discussed supra, period at issue, Questar calculated its Commission’s authority to regulate an accepting the Questar tariff filing that gathering charges to Mountain Fuel in interstate pipeline’s gathering rates on included Tenth Revised Sheet No. 8— accordance with a gathering agreement the ground that the rates were charged which contained a gathering rate— that the two affiliates executed in 1987, ‘‘in connection with’’ jurisdictional constituted an assertion of the transportation and therefore were Commission’s jurisdiction over 4 Questar also suggested that the settlement the Commission approved in Docket No. RP91–140 subject to regulation under section 4(a) Questar’s gathering rates for Mountain precludes further Commission action based on of the NGA, 15 U.S.C. § 717c(a) (1994). Fuel. Moreover, Questar’s filing of that Questar’s past gathering charges. Questar cited The court distinguished the Tenth tariff sheet constituted Questar’s section III.B(2), which states that the settlement acceptance of that jurisdiction, at least resolves ‘‘any current dispute or inquiry raised by Circuit’s decision in Northwest Pipeline, .. . the Commission concerning prior statements of noting that the Tenth Circuit had relied for the period in which the tariff Questar’s rates for gathering services on its FERC on the Commission’s failure to support gathering rate remained in effect. The Gas Tariff rate sheets.’’ its determination that the rates were Commission orders approving the However, the Commission’s order approving the settlements in Docket Nos. RP88–93 and settlement reserves the Commission’s right to transportation rates; in Northern redress Questar’s overcharges to Mountain Fuel. Natural, the Commission acknowledged RP91–140 constituted additional Ordering Paragraph (C) states: that the rates were gathering rates. instances of the Commission’s assertion The Commission’s approval of this settlement Questar also argued that the and Questar’s acceptance of does not preclude any Commission action regarding Commission never asserted its Commission jurisdiction over Questar’s Questar’s collection of gathering charges from Mountain Fuel Supply Company prior to the date jurisdiction over Questar’s gathering gathering rates. of this order. rates. Questar stated that the first time 61 FERC at p. 61,656. Questar did not seek any representative of the Commission 3 Questar did not seek rehearing. rehearing of this order. 28694 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices but never filed with the Commission. empted even though ‘collision between entered into in good faith and without Questar argued that the rates calculated the state and federal regulation may not overreaching.’’) under this gathering agreement be an inevitable consequence.’ ’’). In The Commission orders: superseded the rates contained in the addition, the UDPU did not address revisions to Sheet No. 8. Questar’s gathering rates for 1990 (A) Within 30 days of the issuance of Questar’s contentions are inconsistent through 1992, a period that includes 33 this order, Questar shall: with applicable law. Once the of the 47 months at issue. Finally, the (1) File an answer to the allegations of Commission’s orders approving the UDPU’s support of the settlements in overcharges and violations that settlements in Docket Nos. RP88–93 and Docket Nos. RP88–93 and RP91–140 conforms to the requirements of Rule RP91–140 became final and no longer conflicts with the agency’s endorsement 213 of the Commission’s Rules, 18 CFR subject to judicial review, the gathering of the gathering agreement because the 385.213. In its answer, Questar shall rates (and effective dates) contained in settlements provided for lower gathering admit or deny, specifically and in detail, the revisions to Sheet No. 8 took rates than those Questar charged under precedence over any gathering rate the agreement. each allegation set forth in Part B of this dictated by the Questar-Mountain Fuel Questar further asserted that its order, and shall set forth every defense gathering agreement. See Arkansas alleged gathering overcharges did not relied on. If an allegation is only Louisiana Gas Co. v. Hall, 453 U.S. 571, harm Mountain Fuel’s ratepayers. partially accurate, Questar shall specify 582, (1981) (where the tariff rate and the Questar noted that during the relevant that part of the allegation it admits and contract rate conflict, the tariff rate time period, Rate Schedule No. CD–1 of that part of the allegation it denies. controls). Questar’s tariff (RS CD–1) governed its (2) Show (a) why it has not violated Questar further contended that even if sales of gas to Mountain Fuel. Questar section 4(d) of the NGA and its FERC the Commission has the legal right to contended that it subtracted the tariff as a result of its gathering charges require Questar to refund a portion of its gathering revenues collected under its to Mountain Fuel during the period transportation rate schedules— gathering charges to Mountain Fuel, the November 1, 1988 through September Commission’s exercise of that right including RS X–33—from the cost of 30, 1992 and (b) why it should not would be inequitable. The company service used in calculating its sales rate refund (with interest running through offered several reasons for this under RS CD–1. Thus, Questar argued, contention. if it had charged Mountain Fuel the the refund date) the portion of those Questar produced two ‘‘supplemental tariff rate for the gathering provided gathering charges that exceeded the one- agreements’’ in which the UDPU under RS X–33, the pipeline would part gathering rates contained in the endorsed the Questar-Mountain Fuel have had to charge Mountain Fuel a revisions to Sheet No. 8 that were in gathering agreement. In the first higher rate for the gas Questar sold effect during that time period. ‘‘supplemental agreement,’’ which Mountain Fuel under RS CD–1 to fully (3) Questar shall separately state the Questar’s predecessor, Mountain Fuel recover its costs. facts and the arguments that it advances. and the UDPU executed on November 5, However, Questar’s gathering rates Questar must support with exhibits, 1987, the UDPU stated that the and sales rates were determined in the affidavits and/or prepared testimony gathering agreement ‘‘provides a fair, settlements that the Commission any facts that it alleges. Questar’s approved in Docket Nos. RP88–93 and just and reasonable means for statement of material facts must include [Mountain Fuel] to obtain gathering RP91–140. Charging Mountain Fuel the citation to supporting data. At a services from [Questar],’’ and agreed not settlement gathering rates would not minimum, Questar should provide work to challenge Mountain Fuel’s have allowed Questar to charge its passthrough of the gathering rates affiliate higher sales rates; Questar papers and any other documents to charged by Questar during 1988. In the would have had to charge Mountain support its allegations that all of the second ‘‘supplemental agreement,’’ Fuel the sales rates set out in the revenues received by Questar associated which Questar, Mountain Fuel and the settlements. Therefore, it appears that if with the Mountain Fuel gathering UDPU executed on April 27, 1989, the Questar had charged Mountain Fuel the agreement were used in the applicable parties agreed, among other things, that settlement gathering rates, Mountain rate proceedings to reduce the cost of Questar would charge Mountain Fuel a Fuel’s ratepayers would have benefitted. service allocated to Questar’s sales gathering rate of $0.2458/Dth during Finally, Questar asserted that if it is service under Rate Schedule CD–1, and calendar year 1989 and that the UDPU, forced to refund its alleged overcharges, Mountain Fuel was the only customer which had intervened in Docket No. it will not recover its cost of service for receiving service under Rate Schedule RP88–93, would support Questar’s the period during which the overcharges CD–1. All materials must be subscribed proposed settlement in that docket. took place. However, this assertion, and verified as set forth in sections However, the UDPU’s general even if proven by Questar, would not 385.2005 (a) and (b)(2) of the endorsement of the gathering agreement appear to excuse Questar’s refund Commission’s regulations, 18 CFR did not relieve Questar of the obligation obligation. It appears that the 385.2005 (a) and (b)(2). to charge Mountain Fuel the gathering imposition of refunds is necessary to rates contained in Questar’s tariff. The enforce the settlements that the (B) Notice of this proceeding shall be UDPU did not have jurisdiction over Commission determined to be in the published in the Federal Register. Questar’s gathering rates. See public interest in Docket Nos RP88–93 Interested parties shall file petitions for Schneidewind v. ANR Pipeline Co., 485 and RP91–140. The Commission and intervention no later than 30 days after U.S. 293 at 310 (1988) (quoting Nothern courts have long recognized that the date of publication. Natural Gas Co. v. State Corporation upholding such settlements serves a By the Commission. Comm’n of Kansas, 372 U.S. 84 at 91– strong public interest. E.g., Mobil Oil Lois D. Cashell, 92 (1963)) (‘‘When a state regulation Corp. v. FPC, 570 F.2d 1021, 1026 (D.C. Secretary. ‘* * * presents the prospect of Cir. 1978) (‘‘[J]ust as encouraging interference with the federal regulatory settlements is in the public interest, so [FR Doc. 97–13789 Filed 5–23–97; 8:45 am] power, then the state law may be pre- is abiding by settlements that are BILLING CODE 6717±01±M Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28695

DEPARTMENT OF ENERGY Commission and are available for public DEPARTMENT OF ENERGY inspection in the Public Reference Federal Energy Regulatory Room. Federal Energy Regulatory Commission Lois D. Cashell, Commission [Docket Nos. RP97±312±001 and RP97±71± Secretary. [Docket No. EC97±34±000, et al.] 005] [FR Doc. 97–13726 Filed 5–23–97; 8:45 am] Northern Electric Power Co., L.P., et BILLING CODE 6717±01±M Transcontinental Gas Pipe Line al.; Electric Rate and Corporate Corporation; Notice of Proposed Regulation Filings Changes in FERC Gas Tariff DEPARTMENT OF ENERGY May 16, 1997. May 20, 1997. Take notice that the following filings Federal Energy Regulatory Take notice on May 15, 1997, have been made with the Commission: Transcontinental Gas Pipe Line Commission Corporation (Transco) tendered for 1. Northern Electric Power Co., L.P. filing as part of its FERC Gas Tariff, [Docket No. RP97±306±001] [Docket No. EC97–34–000] Third Revised Volume No. 1, certain On May 9, 1997, Northern Electric tariff sheets which tariff sheets are Williams Natural Gas Company; Notice enumerated in Appendix A attached to Power Co., L.P. (Applicant), filed with of Proposed Changes in FERC Gas the Federal Energy Regulatory the filing. The attached tariff sheets are Tariff proposed to be effective July 1, 1997. Commission an Application for Transco states that the purpose of the May 20, 1997. Disclaimer of Jurisdiction or filing is to comply with the Alternatively for Expedited Approval of Take notice that on May 15, 1997, Commission’s order of April 30, 1997 in the Transfer of Ownership Pursuant to Williams Natural Gas Company (WNG) Docket Nos. RP97–312–000 and RP97– Section 203 of the Federal Power Act 71–000, 79 FERC ¶ 61,104 (1997) (April tendered for filing Substitute Third and Part 33 of the Commission’s 30th Order). In the April 30th Order, the Revised Sheet No. 254 to its FERC Gas Regulations. Commission approved, subject to refund Tariff, to be effective May 1, 1997. Applicant, a limited partnership and certain conditions, the tariff sheets WNG states that this filing is being organized under the laws of the State of implementing a new interruptible made in compliance with Commission New York, seeks a disclaimer of parking and borrowing service under order issued April 30, 1997 in the above jurisdiction over—or, alternatively, Rate Schedule PBS (hereinafter ‘‘PBS referenced docket. Substitute Third approval of—transfer of indirect control Service’’). The April 30th Order directed Revised Sheet No. 254 is being filed to over a qualifying facility that is not Transco to: (1) Submit a projection of correct a typographical error. exempt from the Federal Power Act. The costs and revenues under PBS Service proposed transaction involves the consistent with section 154.202(a)(viii) WNG states that a copy of its filing acquisition of all of the voting securities of the Commission’s regulations; (2) file was served on all parties on the official of Adirondack Hydro Development information explaining the PBS Service service list in the above-captioned Corporation, an upstream parent of curtailment priority; (3) revise its tariff docket and on all jurisdictional Applicant, by Indeck Capital, Inc. to provide that, in the event a PBS customers and interested state Applicant owns and operates the shipper makes a timely nomination, the commissions. Hudson Falls Hydroelectric Project, a obligation of the PBS shipper to comply Any person desiring to protest this 36.1 megawatt qualifying small power with a notification to withdraw or filing should file a protest with the production facility pursuant to the return gas will be tolled until such time Federal Energy Regulatory Commission, Public Utility Regulatory Policies Act of as Transco schedules these 888 First Street, N.E., Washington, D.C. 1978, located on the Hudson River in nominations; (4) provide in its tariff that 20426, in accordance with Section the counties of Saratoga and Washington, New York. posting the available points of service 385.211 of the Commission’s Rules and Comment date: June 13, 1997, in on ‘‘TRANSIT’’ will be done in a non- Regulations. All such protests must be discriminatory manner; and (5) clarify accordance with Standard Paragraph E filed as provided in Section 154.210 of at the end of this notice. that the Rate Schedule PBS nomination the Commission’s Regulations. Protests deadline will be the same as the will be considered by the Commission 2. Soyland Power Cooperative, Inc. and deadline for all other services. Transco in determining the appropriate action to Illinois Power Company is thereby making the necessary changes be taken, but will not serve to make to its tariff in order to comply with the [Docket No. EC97–31–000] April 30th Order. protestants parties to the proceedings. Take notice that on May 1, 1997, Any person desiring to protest said Copies of this filing are on file with the Soyland Power Cooperative, Inc. filing should file a protest with the Commission and are available for public (Soyland) and Illinois Power Company Federal Energy Regulatory Commission, inspection in the Public Reference (Illinois Power) (collectively, the 888 First Street, Washington, D.C. Room. Applicants) tendered for filing with the 20426, in accordance with Section Lois D. Cashell, Federal Energy Regulatory Commission 385.211 of the Commission’s Rules and Secretary. (the Commission) a Joint Application for Regulations. All such protests should be [FR Doc. 97–13724 Filed 5–23–97; 8:45 am] Approval of Disposition and filed as provided in Section 154.210 of Acquisition of Facilities. As part of a BILLING CODE 6717±01±M the Commission’s Regulations. Protests comprehensive debt restructuring, will be considered by the Commission Soyland proposes to transfer its 13.21% in determining the appropriate action to interest in the Clinton Nuclear Facility be taken, but will not serve to make to Illinois Power, including the protestants parties to the proceeding. transmission substation associated with Copies of this filing are on file with the the Clinton plant. The substation is a 28696 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices facility subject to the Commission’s 5. Zond Minnesota Development service agreements under which NYSEG jurisdiction. Corporation II will provide capacity and/or energy to The Applicants state that a copy of [Docket No. EG97–64–000] American Energy Solutions (AES), Atlantic City Electric Company (Atlantic the filing was served upon Soyland and On May 7, 1997, Zond Minnesota City), Baltimore Gas & Electric Company Illinois Power. Development Corporation II, 13000 (BG&E), Burlington Electric Department Jameson Road, Tehachapi, California Comment date: June 13, 1997, in (Burlington), Carolina Power and Light 93561, filed with the Federal Energy accordance with Standard Paragraph E Company (Carolina), Central Hudson Regulatory Commission an application at the end of this notice. Gas & Electric Corporation (Central for determination of exempt wholesale Hudson), Cincinnati Gas & Electric 3. CMS Operating S.A. generator status pursuant to Part 365 of Company and PSI Energy, Inc. [Docket No. EG97–62–000] the Commission’s Regulations. Zond Minnesota is a subsidiary of (collectively, Cinergy Operating On May 7, 1997, CMS Operating S.A., Zond Corporation, an indirect majority Companies) (Cinergy), DuPont Power Alsina 495, piso 5 (1087), Capital owned subsidiary of Enron Corp. Zond Marketing, Inc. (DuPont), Energy Federal, Buenos Aires, Argentina, filed Minnesota will build and own a wind Transfer Group, L.L.C., (ETG), Equitable Power Services Company (Equitable), with the Federal Energy Regulatory turbine generation facility (the Facility) KN Marketing, Inc. (KN), Morgan Commission an application for near Lake Benton, Minnesota. The Stanley Capital Group, Inc. (Morgan determination of exempt wholesale Facility will consist of approximately 143 wind turbines, with an aggregate Stanley), Niagara Mohawk Power generator status pursuant to Part 365 of Corporation (Niagara Mohawk), Orange the Commission’s Regulations. nameplate capacity of 107.25 megawatts. Electric energy produced by & Rockland Utilities, Inc. (O&R), Plum CMS Operating S.A. is a subsidiary of the facility will be sold to Northern Street Energy Marketing, Inc. (Plum CMS Enterprises Company, a Michigan States Power Company. Street), The Power Company of corporation, which is a wholly-owned Comment date: June 9, 1997, in America, L.P. (PCA), Stand Energy Corp. subsidiary of CMS Energy Corporation, accordance with Standard Paragraph E (Stand), USGen Power Services, L.P. also a Michigan corporation. CMS at the end of this notice. The (USGen), and Western Power Services, Operating S.A. a will be operating a 128 Commission will limit its consideration Inc. (Western) in accordance with the megawatt natural gas-fired electric co- of comments to those that concern the NYSEG market-based power sales tariff. generation facility on the grounds of a adequacy or accuracy of the application. NYSEG has requested waiver of the refinery owned by YPF S.A. in notice requirements so that the service Ensenada, province of Buenos Aires, 6. Southwestern Public Service agreements with AES, Atlantic City, Argentina. Company BG&E, Burlington, Carolina, Central Comment date: June 9, 1997, in [Docket No. ER97–2110–000] Hudson, Cinergy, DuPont, ETG, accordance with Standard Paragraph E Take notice that Southwestern Public Equitable, KN, Morgan Stanley, Niagara at the end of this notice. The Service Company (Southwestern) on Mohawk, O&R, Plum Street, PCA, Commission will limit its consideration May 1, 1997, tendered for filing an Stand, USGen and Western become of comments to those that concern the amendment to the above referenced effective as of April 19, 1997. adequacy or accuracy of the application. Docket. The purpose of the amendment NYSEG served copies of the filing is to clarify a date in the filing. upon the New York State Public Service 4. Zond Development Corporation Comment date: May 30, 1997, in Commission, AES, Atlantic City, BG&E, [Docket No. EG97–63–000] accordance with Standard Paragraph E Burlington, Carolina, Central Hudson, at the end of this notice. Cinergy, DuPont, ETG, Equitable, KN, On May 7, 1997, Zond Development 7. Cinergy Services, Inc. Morgan Stanley, Niagara Mohawk, O&R, Corporation, 13000 Jameson Road, Plum Street, PCA, Stand, USGen and Tehachapi, California 93561, filed with [Docket No. ER97–2593–000] Western. the Federal Energy Regulatory Take notice that on April 18, 1997, Comment date: May 30, 1997, in Commission an application for Cinergy Services, Inc. (Cinergy) accordance with Standard Paragraph E determination of exempt wholesale tendered for filing a service agreement at the end of this notice. generator status pursuant to Part 365 of under Cinergy’s Power Sales Standard the Commission’s Regulations. Tariff (the Tariff) entered into between 9. Pacific Gas and Electric Company Zond Development is a subsidiary of Cinergy and Montaup Electric [Docket No. ER96–2714–000] Zond Corporation, an indirect majority- Company. owned subsidiary of Enron Corp. Zond Cinergy and Montaup Electric Take notice that on May 2, 1997, Development will build and own a wind Company are requesting an effective Pacific Gas and Electric Company (PG&E) tendered for filing an turbine generation facility (the Facility) date of April 15, 1997. Comment date: May 29, 1997, in amendment called Attachment 1 to the near Alta, Iowa. The Facility will accordance with Standard Paragraph E Interconnection Agreement, which consist of approximately 150 wind at the end of this notice. changes certain Default Power turbines, with an aggregate nameplate provisions previously contained in the capacity of 112.5 megawatts. Electric 8. New York State Electric & Gas Interconnection Agreement between Corporation energy produced by the facility will be PG&E and the Shelter Cove Resort sold to MidAmerican Energy Company. [Docket No. ER97–2594–000] Improvement District No. 1 (District), Comment date: June 9, 1997, in Take notice that New York State dated August 9, 1996 (Interconnection accordance with Standard Paragraph E Electric & Gas Corporation (NYSEG) on Agreement). The Interconnection at the end of this notice. The April 18, 1997 tendered for filing Agreement supersedes the current Commission will limit its consideration pursuant to Part 35 of the Federal Power Sale Agreement between District of comments to those concern the Energy Regulatory Commission’s Rules and PG&E (PG&E Rate Schedule FERC adequacy or accuracy of the application. of Practice and Procedure, 18 CFR 35, No. 90). Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28697

Copies of this filing have been served Virginia Electric and Power Company, Rate upon District, the Northern California and the Public Utilities Commission of schedule Customer Power Agency and the CPUC. Ohio. Comment date: May 30, 1997, in Comment date: May 30, 1997, in 104 ...... City of New Smyrna Beach. accordance with Standard Paragraph E accordance with Standard Paragraph E 105 ...... Florida Municipal Power Agency. 108 ...... City of Key West. at the end of this notice. at the end of this notice. 119 ...... Reedy Creek Improvement Dis- 10. Commonwealth Electric Company 14. Southern Company Services, Inc. trict. 122 ...... City of Tallahassee. [Docket No. ER97–2731–000] [Docket No. ER97–2735–000] 128 ...... Seminole Electric Cooperative, Take notice that on April 29, 1997, Take notice that on April 30, 1997, Inc. Commonwealth Electric Company Southern Company Services, Inc., acting 139 ...... Oglethorpe Power Corp. tendered for filing its quarterly report on behalf of Alabama Power Company, 141 ...... City of Vero Beach Georgia Power Company, Gulf Power 142 ...... Big Rivers Electric Corporation. under their Market-Based Power Sales 148 ...... Alabama Electric Cooperative, Tariffs for the period of February 28, Company, Mississippi Power Company Inc. 1997 to March 31, 1997. and Savannah Electric and Power 153 ...... Enron Power Marketing, Inc. Comment date: May 30, 1997, in Company (collectively referred to as 154 ...... Catex Vitol Electric, L.L.C. accordance with Standard Paragraph E Southern Companies), submitted a 155 ...... Louis Dreyfus Electric Power, at the end of this notice. report of short-term transactions that Inc. occurred under the Market-Based Rate 156 ...... Electric Clearing House, Inc. 11. Columbia Energy Services Corp. Power Sales Tariff (FERC Electric Tariff, 157 ...... LG & E Power Marketing, Inc. 158 ...... MidCon Power Service Corp. [Docket No. ER97–2732–000] Original Volume No. 4) during the 159 ...... Koch Power Services Company Take notice that on April 29, 1997, period January 1, 1997 through March 160 Sonat Power Marketing, Columbia Energy Services Corporation 31, 1997. Inc. tendered for filing a Notice of Comment date: May 30, 1997, in 161 ...... Citizens Lehman Power Sales Cancellation of FERC Rate Schedule accordance with Standard Paragraph E 162 AES Power, Inc. No. 1. at the end of this notice. 163 ...... Intercoast Power Marketing Comment date: May 30, 1997, in Company 164 Valero Power 15. Kentucky Utilities Company Service Company. accordance with Standard Paragraph E 165 ...... Delhi Energy Services, Inc. at the end of this notice. [Docket No. ER97–2736–000] Take notice that on April 30, 1997, 166 ...... Eastex Power Marketing, Inc. 167 ...... NorAm Energy Services, Inc. 12. The Dayton Power and Light Kentucky Utilities Company (KU), Company 168 ...... Western Power Services. tendered for filing information on 169 ...... CNG Power Services Corpora- [Docket No. ER97–2733–000] transactions that occurred during tion. Take notice that on April 30, 1997, January 1, 1997 through March 31, 1997, 170 ...... Calpine Power Services Com- the Dayton Power and Light Company pursuant to the Power Services Tariff pany. accepted by the Commission in Docket 171 ...... SCANA Energy Marketing, Inc. (Dayton) submitted service agreements 172 ...... PanEnergy Trading & Market establishing Pan Energy as a customer No. ER95–854–000. Comment date: May 30, 1997, in Services. under the terms of Dayton’s Market- 173 ...... Coral Power, L.L.C. Based Sales Tariff. accordance with Standard Paragraph E at the end of this notice. Dayton requests an effective date of The interchange services which are one day subsequent to this filing for the 416. Florida Power Corporation affected by these revisions are (1) service agreements. Accordingly, Service Schedule A—Emergency Dayton requests waiver of the [Docket No. ER97–2776–000] Service; (2) Service Schedule B—Short Commission’s notice requirements. Take notice that on April 30, 1997, Term Firm Service; (3) Service Schedule Copies of this filing were served upon Florida Power Corporation (Florida D—Firm Service; (4) Service Schedule Pan Energy and the Public Utilities Power), tendered for filing revisions to F—Assured Capacity and Energy Commission of Ohio. the capacity charges, reservation fees Service; (5) Service Schedule G— Comment date: May 30, 1997, in and energy adders for various Backup Service; (6) Service Schedule accordance with Standard Paragraph E interchange services provided by H—Reserve Service; (7) Service at the end of this notice. Florida Power pursuant to interchange Schedule I—Regulation Service; (8) 13. The Dayton Power and Light Co. contracts as follows: Service Schedule OS—Opportunity Sales; (9) Service Schedule RE— [Docket No. ER97–2734–000] Rate Customer Replacement Energy Service; (10) Take notice that on April 30, 1997, schedule Contract for Assured Capacity And The Dayton Power and Light Company 65 ...... Southeastern Power Administra- Energy With Florida Power & Light (Dayton) submitted service agreements tion. Company; (11) Contract for Scheduled establishing Pacificorp Power 80 ...... Tampa Electric Company. Power and Energy with Florida Power & Marketing, Inc., Virginia Electric and 81 ...... Florida Power & Light Company. Light Company. Power Company as customers under the 82 ...... City of Homestead. Florida Power requests that the terms of Dayton’s Open Access 86 ...... Orlando Utilities Commission. amended revised capacity charges, Transmission Tariff. 88 ...... Gainesville Regional Utility. reservation fees and energy adder be Dayton requests an effective date of 91 ...... Jacksonville Electric Authority. made effective on May 1, 1997 and one day subsequent to this filing for the 92 ...... City of Lakeland. remain effective through April 30, 1998. 94 ...... Kissimmee Utility Authority. service agreements. Accordingly, 95 ...... City of St. Cloud. Florida Power requests waiver of the Dayton requests waiver of the 100 ...... Fort Pierce Utilities Authority. Commission’s sixty-day notice Commission’s notice requirements. 101 ...... City of Lake Worth. requirement. If waiver is denied, Florida Copies of this filing were served upon 102 ...... Florida Power & Light Company. Power requests that the filing be made Pacificorp Power Marketing, Inc., 103 ...... City of Starke. effective 60 days after the filing date. 28698 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

Comment date: May 30, 1997, in 20. Heath Petra Resources, Inc. Corporation (AEPSC), tendered for filing accordance with Standard Paragraph E [Docket No. ER97–2780–000] executed service agreements under the at the end of this notice. AEP Companies’ Power Sales Tariffs. Take notice that on May 1, 1997, The Power Sales Tariff was accepted for 17. Allegheny Power Service Heath Petra Resources, Inc. tendered for filing effective October 1, 1995, and has Corporation, on behalf of Monongahela filing a Notice of Termination of Electric been designated AEP Companies’ FERC Power Company, The Potomac Edison Rate Schedule No. 1, with a proposed Electric Tariff First Revised Volume No. Company, and West Penn Power effective date of March 13, 1997. 2. AEPSC requests waiver of notice to Company (Allegheny Power) Comment date: May 30, 1997, in permit the Service Agreement to be accordance with Standard Paragraph E [Docket No. ER97–2777–000] made effective for service billed on and at the end of this notice. Take notice that on April 30, 1997, after April 15, 1997. Allegheny Power Service Corporation 21. Atlantic City Electric Company A copy of the filing was served upon on behalf of Monongahela Power [Docket No. ER97–2781–000] the Parties and the State Utility Regulatory Commissions of Indiana, Company, The Potomac Edison Take notice that on May 1, 1997, Kentucky, Michigan, Ohio, Tennessee, Company and West Penn Power Atlantic City Electric Company (Atlantic Company (Allegheny Power), filed Virginia and West Virginia. Electric), tendered for filing a service Comment date: May 30, 1997, in Supplement No. 17 to add Old agreement under which Atlantic Electric Dominion Electric Cooperative to accordance with Standard Paragraph E will sell capacity and energy to Orange at the end of this notice. Allegheny Power Open Access and Rockland Utilities, Inc. under Transmission Tariff which has been Atlantic Electric’s market-based rate 24. Louisville Gas and Electric submitted for filing by the Federal sales tariff. Atlantic Electric requests the Company Energy Regulatory Commission in agreement be accepted to become [Docket No. ER97–2785–000] Docket No. OA96–18–000. West Penn effective on April 30, 1997. requests a waiver of notice requirements Atlantic Electric states that a copy of Take notice that on April 30, 1997, and asks the Commission to honor the the filing has been served on Orange Louisville Gas and Electric Company proposed effective date of January 1, and Rockland Utilities, Inc. (LG&E), tendered for filing an executed 1997 as specified in the agreement Comment date: May 30, 1997, in Non-Firm Point-To-Point Transmission negotiated by the parties. accordance with Standard Paragraph E Service Agreement between LG&E and Copies of the filing have been at the end of this notice. Equitable Power Services Company provided to the Public Utilities under LG&E’s Open Access 22. Northern Indiana Public Service Commission of Ohio, the Pennsylvania Transmission Tariff. Company Public Utility Commission, the Comment date: May 30, 1997, in Maryland Public Service Commission, [Docket No. ER97–2782–000] accordance with Standard Paragraph E the Virginia State Corporation Take notice that on May 1, 1997, at the end of this notice. Commission, the West Virginia Public Northern Indiana Public Service 25. Louisville Gas and Electric Service Commission. Company, tendered for filing an Company executed Standard Transmission Comment date: May 30, 1997, in [Docket No. ER97–2786–000] accordance with Standard Paragraph E Service Agreement for Non-Firm Point- at the end of this notice. to-Point Transmission Service between Take notice that on May 1, 1997, Northern Indiana Public Service Louisville Gas and Electric Company 18. Minnesota Power & Light Company Company and PacifiCorp Power (LG&E), tendered for filing an executed [Docket No. ER97–2778–000] Marketing, Inc. Service Agreement between LG&E and Equitable Power Services Company Take notice that on May 1, 1997, Under the Transmission Service Agreement, Northern Indiana Public under LG&E’s Rate Schedule GSS. Minnesota Power & Light Company Comment date: May 30, 1997, in (Minnesota Power), tendered for filing Service Company will provide Point-to- Point Transmission Service to accordance with Standard Paragraph E Supplement No. 2 to the Amendment to at the end of this notice. the Municipal Service Agreement PacifiCorp Power Marketing, Inc. Between the City of Hibbing Public pursuant to the Transmission Service 26. Louisville Gas and Electric Utilities Commission and Minnesota Tariff filed by Northern Indiana Public Company Service Company in Docket No. OA96– Power & Light Company (Supplement [Docket No. ER97–2787–000] No. 2). Minnesota Power requests an 47–000 and allowed to become effective by the Commission. Northern Indiana Take notice that on May 1, 1997, effective date 60 days from the date of Louisville Gas and Electric Company filing. Public Service Company has requested that the Service Agreement be allowed (LG&E), tendered for filing an executed Comment date: May 30, 1997, in to become effective as of April 17, 1997. Non-Firm Point-To-Point Transmission accordance with Standard Paragraph E Copies of this filing have been sent to Service Agreement between LG&E and at the end of this notice. the Indiana Utility Regulatory New York Electric and Gas under 19. Paragon Gas Marketing Commission and the Indiana Office of LG&E’s Open Access Transmission Utility Consumer Counselor. Tariff. [Docket No. ER97–2779–000] Comment date: May 30, 1997, in Comment date: May 30, 1997, in Take notice that on May 1, 1997, accordance with Standard Paragraph E accordance with Standard Paragraph E Paragon Gas Marketing tendered for at the end of this notice. at the end of this notice. filing a Notice of Termination of Electric 27. Southwestern Public Service Rate Schedule No. 1, with a proposed 23. American Electric Power Service Company effective date of May 1, 1997. Corporation Comment date: May 30, 1997, in [Docket No. ER97–2784–000] [Docket No. ER97–2788–000] accordance with Standard Paragraph E Take notice that on May 1, 1997, the Take notice that on May 1, 1997, at the end of this notice. American Electric Power Service Southwestern Public Service Company Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28699

(Southwestern), tendered for filing Comment date: May 30, 1997, in the West Virginia Public Service proposed amendments to its rate accordance with Standard Paragraph E Commission and AEPSC. schedule with Central Valley Electric at the end of this notice. Comment date: May 30, 1997, in Cooperative, Inc., a full requirements accordance with Standard Paragraph E 31. Interstate Power Company wholesale customer. at the end of this notice. The amendment allows this customer [Docket No. ER97–2797–000] 34. Deseret Generation & Transmission to participate in the interruptible load Take notice that on May 1, 1997, Cooperative program available at all of Interstate Power Company (IPW), Southwestern’s full requirements tendered for filing a Transmission [Docket No. ER97–2802–000] wholesale customers. Service Agreement between IPW and Take notice that on May 1, 1997, Comment date: May 30, 1997, in Western Power Services Inc. Under the Deseret Generation & Transmission accordance with Standard Paragraph E Transmission Service Agreement, IPW Cooperative, tendered for filing at the end of this notice. will provide non-firm point-to-point proposed rider to its Service Agreement No. 5 under FERC Electric Tariff, 28. Arizona Public Service Company transmission service to Western Power Services Inc. Original Volume No. 1. The proposed [Docket No. ER97–2789–000] Comment date: May 30, 1997, in rider would result in a rate decrease in Take notice that on May 1, 1997, accordance with Standard Paragraph E accordance with the provisions of the Arizona Public Service Company (APS), at the end of this notice. current rate schedule contained in tendered for filing an amendment to Service Agreement No. 5 under FERC 32. Interstate Power Company make a correction to its Electric Electric Tariff Original Volume No. 1. Coordination Tariff No. 1, Revision No. [Docket No. ER97–2798–000] The proposed rider is being made in order to implement provisions of the 2 filed in the above referenced dockets. Take notice that on May 1, 1997, current rate schedule contained in A copy of this filing has been served Interstate Power Company (IPW), Service Agreement No. 5 which is on all parties on the official service list. tendered for filing three Transmission already on file with the Commission. Comment date: May 30, 1997, in Service Agreements between IPW and The current rate schedule contained in accordance with Standard Paragraph E CornBelt Power Cooperative (CornBelt). Service Agreement No. 5 is the product at the end of this notice. Under the Transmission Service of a comprehensive restructuring of Agreements, IPW will provide firm 29. Carolina Power & Light Company Deseret’s financial obligations. point-to-point transmission service to Copies of this filing have been served [Docket No. ER97–2791–000] CornBelt. upon Deseret’s jurisdictional customers. Take notice that on May 1, 1997, Comment date: May 30, 1997, in Comment date: May 30, 1997, in Carolina Power & Light Company accordance with Standard Paragraph E accordance with Standard Paragraph E (CP&L), tendered for filing a Service at the end of this notice. at the end of this notice. Agreement for Non-Firm Point to Point 33. Ohio Valley Electric Corporation, Transmission Service executed between 35. Washington Water Power Indiana-Kentucky Electric Corporation CP&L and the following Eligible [Docket No. ER97–2803–000] Transmission Customer: Aquila Power [Docket No. ER97–2799–000] Take notice that on May 1, 1997, Corporation. Service to the Eligible Take notice that on May 1, 1997, Ohio Washington Water Power, tendered for Customer will be in accordance with the Valley Electric Corporation (including filing with the Federal Energy terms and conditions of Carolina Power its wholly-owned subsidiary, Indiana- Regulatory Commission pursuant to 18 & Light Company’s Open Access Kentucky Electric Corporation) (OVEC), CFR 35.13, executed Service Transmission Tariff. tendered for filing a Service Agreement Agreements under WWP’s FERC Electric Copies of the filing were served upon for Non-Firm Point-to-Point Tariff Original Volume No. 9. WWP the North Carolina Utilities Commission Transmission Service, dated April 10, requests waiver of the prior notice and the South Carolina Public Service 1997 (the Service Agreement) between requirement and requests an effective Commission. American Electric Power Service date of April 1, 1997. Comment date: May 30, 1997, in Corporation (AEPSC) and OVEC. OVEC Comment date: May 30, 1997, in accordance with Standard Paragraph E proposes an effective date of April 10, accordance with Standard Paragraph E at the end of this notice. 1997 and requests waiver of the at the end of this notice. Commission’s notice requirement to 30. Community Electric Power 36. The Detroit Edison Company Corporation allow the requested effective date. The Service Agreement provides for non- [Docket No. ER97–2804–000] [Docket No. ER97–2792–000] firm transmission service by OVEC to Take notice that on May 1, 1997, The Take notice that on May 1, 1997, AEPSC. Detroit Edison Company (Detroit Community Electric Power Corporation In its filing, OVEC states that the rates Edison), tendered for filing a Service (CEPC), petitioned the Commission for and charges included in the Service Agreement for wholesale power sales acceptance of CEPC Rate Schedule Agreement are the rates and charges set transactions (the Service Agreement) FERC No. 1, the granting of certain forth in OVEC’s Order No. 888 under Detroit Edison’s Wholesale Power blanket approvals, including authority compliance filing (Docket No. OA96– Sales Tariff (WPS–1), FERC Electric to sell electricity at market-based rates; 190–000). Tariff No. 4 (the WPS–1 Tariff), between and the waiver of certain Commission Copies of this filing were served upon Detroit Edison and The Dayton Power & regulations. the Indiana Utility Regulatory Light Company (Dayton), dated as of CEPC, intends to engage in wholesale Commission, the Kentucky Public April 9, 1997. Detroit Edison requests power and energy purchases and sales Service Commission, the Michigan that the Service Agreement be made as a marketer. CEPC is not in the Public Service Commission, the Public effective as of April 9, 1997. business of generating or transmitting Utilities Commission of Ohio, the Comment date: May 30, 1997, in electric power. CEPC is a Massachusetts Tennessee Regulatory Authority, the accordance with Standard Paragraph E based, private corporation. Virginia State Corporation Commission, at the end of this notice. 28700 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

37. The Detroit Edison Company Federal Advisory Committee Act risk reduction strategies, and assessing [Docket No. ER97–2805–000] (FACA), 5 U.S.C. appl. 2 section 9(c). the economic and societal consequences The purpose of the Urban Wet Weather of both risks and risk reduction options. Take notice that on May 1, 1997, The Flows Federal Advisory Committee is to Background on the Integrated Risk Detroit Edison Company (Detroit provide advice and counsel to the Project (IRP) Edison), tendered for filing a Service Administrator of EPA on issues Agreement for wholesale power sales associated with urban wet weather In a letter dated October 25, 1995, to transactions (the Service Agreement) discharges, including municipal and Dr. Matanoski, Chair of the SAB under Detroit Edison’s Wholesale Power industrial storm water runoff, combined Executive Committee, Deputy Sales Tariff (WPS–2), FERC Electric sewer overflows, and sanitary sewer Administrator Fred Hansen charged the Tariff No. 3 (the WPS–2 Tariff, between overflows. It is determined that the SAB to: (a) Develop an updated ranking Detroit Edison and The Dayton Power & Urban Wet Weather Flows Federal of the relative risk of different Light Company (Dayton), dated as of Advisory Committee is in the public environmental problems based upon April 9, 1997. Detroit Edison requests interest in connection with the explicit scientific criteria; (b) provide an that the Service Agreement be made performance of duties imposed on the assessment of techniques and criteria effective as of April 9, 1997. Agency by law. that could be used to discriminate Comment date: May 30, 1997, in FOR FURTHER INFORMATION: Contact Will among emerging environmental risks accordance with Standard Paragraph E and identify those that merit serious, at the end of this notice. Hall, Office of Wastewater Management, USEPA, at (202) 260–1458, or Internet: near-term Agency attention; (c) assess Standard Paragraph [email protected] the potential for risk reduction and propose alternative technical risk E. Any person desiring to be heard or Dated: May 16, 1997. reduction strategies for the to protest said filing should file a Michael B. Cook, environmental problems identified; and motion to intervene or protest with the Director, Office of Wastewater Management, (d) identify the uncertainties and data Federal Energy Regulatory Commission, Designated Federal Official. quality issues associated with the 888 First Street, N.E., Washington, D.C. [FR Doc. 97–13796 Filed 5–23–97; 8:45 am] relative rankings. The project is being 20426, in accordance with Rules 211 BILLING CODE 6560±50±P conducted by several SAB panels, and 214 of the Commission’s Rules of working at the direction of an ad hoc Practice and Procedure (18 CFR 385.211 Steering Committee established by the and 18 CFR 385.214). All such motions ENVIRONMENTAL PROTECTION Executive Committee. or protests should be filed on or before AGENCY Single copies of Reducing Risk, the the comment date. Protests will be [FRL±5832±1] report of the previous relative risk considered by the Commission in ranking effort of the SAB, can be determining the appropriate action to be Science Advisory Board; Emergency obtained by contacting the SAB’s taken, but will not serve to make Notification of Public Advisory Committee Evaluation and Support Staff protestants parties to the proceeding. Committee Meeting (1400), 401 M Street, SW, Washington, Any person wishing to become a party DC 20460, telephone (202) 260-8414, or must file a motion to intervene. Copies June 6, 1997. fax (202) 260–1889. of this filing are on file with the Pursuant to the Federal Advisory For Further Information—Any Commission and are available for public Committee Act, Public Law 92–463, member of the public wishing further inspection. notice is hereby given that the information concerning the meeting or Lois D. Cashell, Integrated Risk Project (IRP) Steering who wishes to submit oral or written Secretary. Committee of the Science Advisory comments should contact Stephanie [FR Doc. 97–13790 Filed 5–23–97; 8:45 am] Board (SAB) will hold a teleconference Sanzone, Designated Federal Official for meeting on June 6, 1997 from 1:00 p.m. BILLING CODE 6717±01±P the IRP Steering Committee, Science to 3:00 p.m. Eastern Daylight Time. The Advisory Board (1400), U.S. EPA, meeting is open to the public, however Washington, DC 20460, phone (202)- ENVIRONMENTAL PROTECTION teleconference lines are limited. Please 260–6557; fax (202)-260–7118; or via AGENCY call Stephanie Sanzone, Designated Email at: Federal Official for the Committee, at [email protected]. [FRL±5831±2] (202) 260–6557 if you are interested in Requests for oral comments must be participating in the call and to obtain received no later than 4:00 p.m. Eastern Urban Wet Weather Flows Advisory the dial-in number. The purpose of the Time on June 3, 1997. Copies of the Committee, the Storm Water Phase II teleconference meeting is to continue draft meeting agenda can be obtained Advisory Subcommittee, and the discussion of a conceptual framework from Ms. Wanda Fields at (202) 260– Sanitary Sewer Overflow Advisory for decision-making that utilizes 8414 or at the above fax number or by Subcommittee information on risk, risk reduction Email to AGENCY: Environmental Protection opportunity, and economic and societal [email protected]. consequences of various risk reduction Agency. Providing Oral or Written Comments at ACTION: Notice of charter renewal. strategies. The Steering Committee began discussion of the framework at SAB Meetings SUMMARY: Notice is given that the their meeting April 21–23, 1997. The The Science Advisory Board expects Environmental Protection Agency (EPA) framework is intended to be a unifying that public statements presented at its is renewing the Charter for the Urban theme for the final report from the IRP meetings will not be repetitive of Wet Weather (UWW) Flows Advisory that illustrates the inter-relationships previously submitted oral or written Committee (and its two subcommittees) between the methodologies developed statements. In general, each individual for an additional 2-year period. This by IRP Subcommittees for assessing and or group making an oral presentation Committee serves the public interest, in ranking risks to human health and the will be limited to a total time of ten accordance with the provisions of the environment, identifying optimal sets of minutes. For conference call meetings, Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28701 opportunities for oral comment will be Laboratory Peer Review Discussion, required by the Paperwork Reduction limited to no more than five minutes per ORD Research Plan Evaluation: Methods Act of 1995, Public Law 104–13. An speaker and no more than fifteen Development, Research Policy and agency may not conduct or sponsor a minutes total. Written comments (at Planning, ORD Research Plans collection of information unless it least 35 copies) received in the SAB Discussion, and Discussion of ORD displays a currently valid control Staff Office sufficiently prior to a Laboratory/Center Peer Reviews to be number. No person shall be subject to meeting date, may be mailed to the conducted by the BOSC. These reviews any penalty for failing to comply with relevant SAB committee or are planned for: National Exposure a collection of information subject to the subcommittee prior to its meeting; Research Laboratory, July 21–22, Las Paperwork Reduction Act (PRA) that comments received too close to the Vegas, Nevada; National Health and does not display a valid control number. meeting date will normally be provided Environmental Effects Research Comments are requested concerning (a) to the committee at its meeting. Written Laboratory, August 4–5, 1997, Research Whether the proposed collection of comments may be provided to the Triangle Park, North Carolina; National information is necessary for the proper relevant committee or subcommittee up Risk Management Research Laboratory, performance of the functions of the until the time of the meeting. August 18–19, 1997, Cincinnati, Ohio; Commission, including whether the Information concerning the Science National Center for Environmental information shall have practical utility; Advisory Board, its structure, function, Assessment, September 8–9, 1997, (b) the accuracy of the Commission’s and composition, may be found in The Washington, DC; and National Center burden estimate; (c) ways to enhance FY1996 Annual Report of the Staff for Environmental Research and Quality the quality, utility, and clarity of the Director which is available from the Assurance, September 22–23, 1997, information collected; and (d) ways to SAB Committee Evaluation and Support Washington, DC. Anyone desiring a minimize the burden of the collection of Staff (CESS) by contacting US EPA, draft BOSC agenda may fax their request information on the respondents, Science Advisory Board (1400), to Shirley R. Hamilton (202) 260–0929. including the use of automated Attention: CESS, 401 M Street, SW, The meeting is open to the public. Any collection techniques or other forms of Washington, DC 20460 or via fax (202) member of the public wishing to make information technology. 260–1889. Additional information a presentation at the meeting, should DATES: Written comments should be concerning the SAB can be found on the contact Shirley Hamilton, Designated submitted on or before June 26, 1997. If SAB Home Page at: Federal Officer, Office of Research and you anticipate that you will be http://www.epa/science1/. Development (8701), 401 M Street, SW., submitting comments, but find it Dated: May 21, 1997. Washington, DC 20460; by telephone at difficult to do so within the period of (202) 260–0468. In general, each Donald G. Barnes, time allowed by this notice, you should individual making an oral presentation Staff Director, Science Advisory Board. advise the contact listed below as soon will be limited to a total time of three as possible. [FR Doc. 97–13923 Filed 5–23–97; 8:45 am] minutes. BILLING CODE 6560±50±P ADDRESSES: Direct all comments to Judy FOR FURTHER INFORMATION CONTACT: Boley, Federal Communications Shirley R. Hamilton, Designated Federal Commissions, Room 234, 1919 M St., Officer, U.S. Environmental Protection ENVIRONMENTAL PROTECTION N.W., Washington, DC 20554 or via Agency, Office of Research and AGENCY internet to [email protected]. Development, NCERQA (MC8701), 401 [FRL±5830±6] M Street, SW, Washington, DC 20460, FOR FURTHER INFORMATION CONTACT: For 202–260–0468. additional information or copies of the Notice of Meeting information collections contact Judy Dated: May 16, 1997. Boley at 202–418–0214 or via internet at AGENCY: Environmental Protection Joseph K. Alexander, [email protected]. Agency (EPA). Assistant Administrator for Research and ACTION: Notice of meeting. Development. SUPPLEMENTARY INFORMATION: [FR Doc. 97–13750 Filed 5–23–97; 8:45 am] OMB Approval No.: None (3060- SUMMARY: Pursuant to the Federal BILLING CODE 6560±50±M XXXX). Advisory Committee Act, Public Law Title: Federal-State Joint Board on 92–463, as amended (5 U.S.C., App. 2), Universal Service, CC Docket No. 96–45 notice is hereby given that the FEDERAL COMMUNICATIONS (47 CFR 36.611–36.612 and 47 CFR part Environmental Protection Agency COMMISSION 54). (EPA), Office of Research and Form No.: N/A. Development’s (ORD), Board of Notice of Public Information OMB Control No.: None. Scientific Counselors (BOSC), will hold Collections Being Reviewed by the Respondents: Business or other for- its Executive Committee Meeting, June Federal Communications Commission 9–10, 1997, at the Arlington Hilton profit entities; individuals or Hotel, 950 North Stafford Street, May 20, 1997. households; not-for-profit institutions; Arlington, Virginia. On Monday, June 9, SUMMARY: The Federal Communications state, local or tribal government. the meeting will begin at 1:00 pm and Commission, as part of its continuing Estimated Annual Burden: 5,565,451 will recess at 5:00 pm, and on Tuesday, effort to reduce paperwork burden respondents; 3.1 hours per response June 10, the meeting will begin at 8:00 invites the general public and other (avg.); 1,784,220 hours total annual am and will adjourn at 4:00 pm. All Federal agencies to take this burden. times noted are Eastern Time. Agenda opportunity to comment on the Frequency of Response: On occasion, items include, but are not limited to, following information collections, as annually, one-time requirements. 28702 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

Hours per Total annual Rule section/title (47 CFR) response burden a. 36.611(a) & 36.612ÐSubmission and Updating information to NECA ...... 20 26,800 b. 54.101(c)ÐDemonstration of exceptional circumstances for toll-limitation grace period ...... 50 100 c. 54.201(b)(c)ÐSubmission of eligibility criteria ...... 1 3,400 d. 54.201(d)(2)ÐAdvertisement of services & charges ...... 50 65,000 e. 54.205(a)ÐAdvance notice of relinquishment of universal service ...... 5 50 f. 54.207(c)(1)ÐSubmission of proposal for redefining a rural service area ...... 125 6,250 g. 54.307(b)ÐReporting of expenses & number of lines served...... 1 2.5 4,100 h. 54.401(b)(1)±(2)ÐSubmission of disconnection waiver request ...... 2 100 i. 54.401(d)ÐLifeline certification to the Administrator ...... 1 1,300 j. 54.407(c)ÐLifeline recordkeeping ...... 80 104,000 k. 54.409(a)±(b)ÐConsumer qualification for Lifeline ...... 2 5 440,000 l. 54.409(b)ÐConsumer notification of Lifeline discontinuance ...... 2 5 44,000 m. 54.418(b)ÐLink Up recordkeeping ...... 80 104,000 n. 54.501(d)(4) & 54.516ÐSchools & Libraries recordkeeping ...... 1 41 372,000 o. 54.504(b)±(c), 54.507(d) & 54.509(a)ÐDescription of services requested & certification ...... 2 100,000 p. 54.601(b)(4) & 54.609(b)ÐCalculating support for health care providers ...... 100 340,000 q. 54.601(b)(3) & 54.619ÐShared facility recordkeeping ...... 1 21 160,000 r. 54.607(b)(1)±(2)ÐSubmission of proposed rural rate ...... 3 150 s. 54.603(b)(1), 54.615(c)±(d) & 54.623(d)ÐDescription of services requested and certification ...... 1 12,000 t. 54.619(d)ÐSubmission of rural health care report ...... 40 40 u. 54.701(f)(1) & (f)(2)ÐSubmission of annual report & CAM ...... 40 40 v. 54.701(g)ÐSubmission of quarterly report ...... 10 40 w. 54.707ÐSubmission of State commission designation ...... 25 850

Total Annual Burden Hours ...... 1,784,220 1 Average. 2 Minimum.

Needs and Uses: Congress directed other respondents are eligible to receive SUPPLEMENTARY INFORMATION: the Commission to implement a new set universal service support. Released: May 20, 1997 of universal service support Federal Communications Commission. mechanisms that are explicit and The eleventh meeting of the North William F. Caton, sufficient to advance the universal American Numbering Council (NANC) service principles enumerated in Acting Secretary. will be held on Tuesday, June 10, 1997, Section 254 of the Telecommunications [FR Doc. 97–13760 Filed 5–23–97; 8:45 am] at 8:30 A.M. EST at the Federal Act of 1996 and such other principles as BILLING CODE 6712±01±P Communications Commission, 1919 M the Commission believes are necessary Street, NW, Room 856, Washington, DC. and appropriate for the protection of the This meeting will be open to members public interest, convenience and FEDERAL COMMUNICATIONS of the general public. The FCC will necessity, and are consistent with the COMMISSION attempt to accommodate as many people as possible. Admittance, Act. In the Report and Order issued in [CC Docket No. 92±237; DA 97±1054] CC Docket No. 96–45, the Commission however will be limited to the seating adopts rules that are designed to FCC Announces the Next Meeting of available. The public may submit implement the universal service the North American Numbering written statements to the NANC, which provisions of section 254. Specifically, Council must be received two business days the Order addresses: (1) universal before the meeting. In addition, oral service principles; (2) services eligible AGENCY: Federal Communications statements at the meeting by parties or for support; (3) affordability; (4) carriers Commission. entities not represented on the NANC eligible for universal service support; (5) ACTION: Notice. will be permitted to the extent time support mechanisms for rural, insular, permits. Such statements will be limited and high cost areas; (6) support for low- SUMMARY: On May 20, 1997, the to five minutes in length by any one income consumers; (7) support for Commission released a public notice party or entity, and requests to make an schools, libraries, and health care announcing the eleventh meeting of the oral statement must be received two providers; (8) interstate subscriber line North American Numbering Council business days before the meeting. charge and common line cost recovery; and the Agenda for that meeting. The Requests to make an oral statement or and (9) administration of support intended effect of this action is to make provide written comments to the NANC mechanisms. The reporting and the public aware of the NANC’s should be sent to Linda Simms at the recordkeeping requirements contained eleventh meeting and their Agenda. address under FOR FURTHER INFORMATION in CC Docket No. 96–45 are designed to FOR FURTHER INFORMATION CONTACT: CONTACT, stated above. implement Section 254 follow. The Linda Simms, Administrative Assistant Agenda reporting and recordkeeping are of the NANC at (202) 418–2330. The necessary to ensure the integrity of the address is: Network Services Division, The planned agenda for the June 10, program. All the collections are Common Carrier Bureau, Federal 1997, meeting is as follows: necessary to implement the Communications Commission, 2000 M 1. Carrier Liaison Committee (CLC) congressional mandate for universal Street, NW, Suite 235, Washington, DC Number Conservation Report. service. The reporting and 20054. The fax number is: (202) 418– 2. Report from Industry Numbering recordkeeping requirements are 2345. The TTY number is: (202) 418– Committee (INC) on Assignment necessary to verify that the carriers and 0484. Guidelines. Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28703

3. North American Numbering Plan and the Motion Picture Association of Persons knowing of any reason why Administrator (NANPA) Transition America describing a voluntary system any of the following applicants should Planning. for rating video programming; and (2) not receive a license are requested to 4. Status Report from the ‘‘Local video programming blocking contact the Office of Freight Forwarders, Number Portability (LNP) technology, has been changed from June Federal Maritime Commission, Administration Team.’’ 4, 1997 to June 20, 1997. The en banc Washington, D.C. 20573. 5. Review of Decisions Reached and hearing will begin at 9:30 a.m. in the K.V. Mark Corp., 5220 NW 72nd Action Items. Commission meeting room, Room 856, Avenue, #25, Miami, FL 33166, Federal Communications Commission. 1919 M Street, N.W., Washington, D.C. Officers: Priscilla F. Garcia, General 20554. The Commission will announce Geraldine A. Matise, Manager, Antonio Ginatta, Vice participants and a hearing format in the President Chief, Network Services Division, Common near future. Carrier Bureau. Interglobal Forwarders, Inc., 101 Crest On February 7, 1997, the Commission Street, Greer, SC 29650, Officer: Steve [FR Doc. 97–13761 Filed 5–21–97; 12:14 pm] issued a Public Notice seeking comment BILLING CODE 6712±01±P E. Dew, President on the industry proposal. See Public USA Logistics, Incorporated, 9100 Notice, Commission Seeks Comment on Sepulveda Blvd., Suite 204, Los Industry Proposal for Rating Video FEDERAL COMMUNICATIONS Angeles, CA 90045, Officers: Frank J. Programming, CS Docket No. 97–55, Ciofalo, President, Anthony Realff, COMMISSION FCC 97–34, Report No. CS 97–6 Vice President [Report No. 2199] (February 7, 1997). Copies of the Public Notice, which attaches a copy of the Dated: May 21, 1997. Petitions for Reconsideration and industry proposal as an Appendix, may Joseph C. Polking, Clarification of Action in Rulemaking be obtained from the Commission’s Secretary. Proceedings Public Reference Room, Room 239, 1919 [FR Doc. 97–13813 Filed 5–23–97; 8:45 am] M Street, N.W., Washington, D.C., from BILLING CODE 6730±01±M May 21, 1997. the Commission’s Internet site (http:// Petition for reconsideration have been www.fcc.gov/vchip), or by calling ITS, filed in the Commission’s rulemaking the Commission’s transcription service, proceeding listed in this Public Notice at (202) 857–3800. FEDERAL RESERVE SYSTEM and published to 47 CFR Section On April 23, 1997, the Commission 1.429(e). The full text of this document announced that the en banc hearing Formations of, Acquisitions by, and is available for viewing and copying in would be held on June 4, 1997. See Mergers of Bank Holding Companies Room 239, 1919 M Street, NW., Public Notice, Commission Announces Washington, DC or may be purchased En Banc Hearing on Industry Proposal The companies listed in this notice from the Commission’s copy contractor, for Rating Video Programming and on have applied to the Board for approval, ITS, Inc. (202) 857–3800. Oppositions to ‘‘V-Chip’’ Technology, CS Docket No. pursuant to the Bank Holding Company this petition must be filed June 11, 1997. 97–55, DA 97–857, 62 FR 24654 (May 6, Act of 1956 (12 U.S.C. 1841 et seq.) See Section 1.4(b)(1) of the 1997). (BHC Act), Regulation Y (12 CFR Part Commission’s rules (47 CFR 1.4(b)(1)). In order to provide interested parties 225), and all other applicable statutes Replies to an opposition must be filed an opportunity to respond to matters and regulations to become a bank within 10 days after the time for filing raised in the en banc hearing, the due holding company and/or to acquire the oppositions has expired. date for surreply comments in CS assets or the ownership of, control of, or Subject: Telephone Number Portability. Docket No. 97–55 is extended from June the power to vote shares of a bank or (CC Docket No. 95–115, RM–8535) 16, 1997 to July 7, 1997. bank holding company and all of the Number of Petitions Filed: 2 Media Contact: Morgan Broman (202) banks and nonbanking companies 418–2358. owned by the bank holding company, Federal Communications Commission. TV Ratings Contact: Meryl S. Icove or including the companies listed below. William F. Caton, Rick Chessen (202) 418–7096. The applications listed below, as well Acting Secretary. V-chip Technology Contact: Rick as other related filings required by the [FR Doc. 97–13687 Filed 5–23–97; 8:45 am] Engelman (202) 418–2157. Board, are available for immediate BILLING CODE 6712±01±M Federal Communications Commission. inspection at the Federal Reserve Bank William F. Caton, indicated. Once the application has been accepted for processing, it will also Acting Secretary. FEDERAL COMMUNICATIONS be available for inspection at the offices COMMISSION [FR Doc. 97–13688 Filed 5–23–97; 8:45 am] of the Board of Governors. Interested BILLING CODE 6712±01±P persons may express their views in [DA 97±1030] writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the Cable Services Action; Commission FEDERAL MARITIME COMMISSION Announces Change of Date for En proposal also involves the acquisition of Banc Hearing on Industry Proposal for Ocean Freight Forwarder License a nonbanking company, the review also Rating Video Programming and on ``V- Applicants includes whether the acquisition of the Chip'' Technology nonbanking company complies with the Notice is hereby given that the standards in section 4 of the BHC Act. May 15, 1997. following applicants have filed with the Unless otherwise noted, nonbanking The en banc hearing on: (1) The joint Federal Maritime Commission activities will be conducted throughout proposal submitted to the Commission applications for licenses as ocean freight the United States. on January 17, 1997 by the National forwarders pursuant to section 19 of the Unless otherwise noted, comments Association of Broadcasters, the Shipping Act of 1984 (46 U.S.C. app. regarding each of these applications National Cable Television Association 1718 and 46 CFR 510). must be received at the Reserve Bank 28704 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices indicated or the offices of the Board of Peoples Bank of Belleville, Belleville, Hart-Scott-Rodino Antitrust Governors not later than June 20, 1997. Kansas. Improvements Act of 1976, requires A. Federal Reserve Bank of St. Louis 2. Intra Financial Corporation, Clyde, persons contemplating certain mergers (Randall C. Sumner, Vice President) 411 Kansas; to acquire 100 percent of the or acquisitions to give the Federal Trade Locust Street, St. Louis, Missouri 63102- voting shares of Peoples Bancorp of Commission and the Assistant Attorney 2034: Belleville, Inc., Belleville, Kansas, and General advance notice and to wait 1. Gideon Bancshares Company, thereby indirectly acquire Peoples Bank designated period before consummation Dexter, Missouri; to acquire 92 percent of Belleville, Belleville, Kansas. of such plans. Section 7A(b)(2) of the of the voting shares of First Midwest Board of Governors of the Federal Reserve Act permits the agencies, in individual Bank of Chaffee, Chaffee, Missouri. System, May 21, 1997. cases, to terminate this waiting period B. Federal Reserve Bank of Kansas Jennifer J. Johnson, prior to its expiration and requires that City (D. Michael Manies, Assistant Vice Deputy Secretary of the Board. notice of this action be published in the President) 925 Grand Avenue, Kansas [FR Doc. 97–13785 Filed 5–23–97; 8:45 am] Federal Register. City, Missouri 64198-0001: 1. Security Bancshares, Inc., Scott BILLING CODE 6210±01±F The following transactions were City, Kansas; to acquire 9.5 percent of granted early termination of the waiting the voting shares of Intra Financial period provided by law and the Corporation, Clyde, Kansas; and thereby FEDERAL TRADE COMMISSION premerger notification rules. The grants were made by the Federal Trade indirectly acquire Exchange Bank of Granting of Request for Early Commission and the Assistant Attorney Clyde, Clyde, Kansas; Farmers State Termination of the Waiting Period General for the Antitrust Division of the Bancshares of Sabetha, Inc., Sabetha, Under the Premerger Notification Department of Justice. Neither agency Kansas; and its subsidiary, Farmers Rules State Bank, Sabetha, Kansas; and intends to take any action with respect Peoples Bancorp of Belleville, Inc., Section 7A of the Clayton Act, 15 to these proposed acquisitions during Belleville, Kansas, and its subsidiary, U.S.C. 18a, as added by Title II of the the applicable waiting period.

TRANSACTIONS GRANTED EARLY TERMINATION BETWEEN: 042897 AND 050997

Name of acquiring person, name of Date acquired person, name of acquired entity PMN No. terminated

Mid-America Dairymen, Inc., Dairy Enterprises Corporation, Dairy Enterprises Corporation ...... 97±1649 04/28/97 Mid-America Dairymen, Inc., Lehigh Enterprises Acquisition Corporation, Lehigh Enterprises Acquisition Corporation 97±1650 04/28/97 Steven and Suzanne Kalafer, Republic Industries, Inc., Republic Industries, Inc ...... 97±1843 04/28/97 Republic Industries, Inc., Steven and Suzanne Kalafer, Ditschman/Flemington Ford-Lincoln-Mercury, Inc., SNDK .... 97±1844 04/28/97 Ultimate Electronics, Inc., Audio King Corporation, Audio King Corporation ...... 97±1849 04/28/97 Mitsui Petrochemical Industries, Ltd., Mitsui Toatsu Chemicals, Inc., Mitsui Toatsu Chemicals, Inc ...... 97±1853 04/28/97 The Sherwood Group, Inc., Dresdner Bank AG (a German company), Dresdner-NY Incorporated ...... 97±1856 04/28/97 York International Corporation, Sinko Kogyo Co., Ltd. (a Japanese company), CLEANPAK International ...... 97±1859 04/28/97 BG Distribution Partners, Ltd., Lee M. Schepps, The Julius Schepps Company ...... 97±1866 04/28/97 BG Distribution Partners, Ltd., Joseph W. Schepps, The Julius Schepps Company ...... 97±1867 04/28/97 Henry Schein, Inc., Micro Bio-Medics, Inc., Micro Bio-Medics, Inc ...... 97±1869 04/28/97 Richard S. Crawford, Eagle-Picher Industries Inc. Personal Injury Settlement, Eagle-Picher Industries Inc. Personal Injury Settlement ...... 97±1870 04/28/97 Bardon Group plc, CAMAS plc, CAMAS plc ...... 97±1879 04/28/97 Central Garden & Pet Company, H & S Saarloos Charitable Remainder Unitrust, dtd 3/31/97, Ezell Nursery Supply, Inc ...... 97±1880 04/28/97 Central Garden & Pet Company, L & L Saarloos Charitable Remainder Unitrust, dtd 3/31/97, Ezell Nursery Supply, Inc ...... 97±1881 04/28/97 Protective Life Corporation, Nationwide Mutual Insurance Company, West Coast Life Insurance Company ...... 97±1907 04/28/97 Marimutu Sinvasan (an Indonesian person), Dyersburg Corporation, Dyersburg Corporation ...... 97±1915 04/28/97 Tomkins PLC, Bessemer Securities L.L.C., The Stant Corporation ...... 97±1836 04/29/97 Peter A. Bordes, Evergreen Media Corporation, Evergreen Media Corporation of the City of Brotherly ...... 97±1857 04/29/97 MedPartners, Inc., Suburban Heights Medical Center, S.C., Suburban Heights Medical Center, S.C...... 97±1882 04/29/97 Fresenius Aktiengesellschaft (a German company), Jack McKenzie, SRC Holding Company ...... 97±1883 04/29/97 Pan Am Corporation, Micky Arison 1995 Air Holding Trust, Carnival Air Lines, Inc ...... 97±1891 04/29/97 Micky Arison 1995 Air Holding Trust, Pan Am Corporation, Pan Am Corporation ...... 97±1892 04/29/97 Franklin Quest Co., Covey Leadership Center, Inc., Covey Leadership Center, Inc ...... 97±1893 04/29/97 Stephen R. Covey, Franklin Quest Co., Franklin Quest Co ...... 97±1894 04/29/97 Citadel Communications Corporation, Everett I. Mundy, Tele-Media Broadcasting Company ...... 97±1895 04/29/97 Citadel Communications Corporation, Robert E. Tudek, Tele-Media Broadcasting Company ...... 97±1896 04/29/97 Knight-Ridder, Inc., The Walt Disney Company, ABC Media, Inc ...... 97±1898 04/29/97 Lend Lease Corporation Limited, AXA, Equitable Real Estate Investment Management, Inc ...... 97±1899 04/29/97 Jacor Communications, Inc., Premiere Radio Networks. Inc., Premiere Radio Networks, Inc ...... 97±1908 04/29/97 Nils Foss, Perstorp AB (a Swedish company), Perstorp Analytical, Inc ...... 97±1860 04/30/97 Hicks, Muse, Tate & Furst Equity Fund III, L.P., Benchmark Communications Radio Limited Partnership, Bench- mark Communications Radio Limited Partnership ...... 97±1021 05/02/97 Superior Carriers, Incorporated, Archie L. Honbarrier, Central Transport, Inc ...... 97±1783 05/02/97 American Securities Partners, L.P., Butler Manufacturing Company, Butler Manufacturing Company, Grain Systems Division ...... 97±1813 05/02/97 Alcatel Alsthom, Loral Space & Communications Ltd., Loral Space & Communications Ltd ...... 97±1835 05/02/97 The Hearst Trust, Lowell W. Paxson, Paxson Communications Corp ...... 97±1854 05/02/97 Robert F. X. Sillerman, The Hearst Trust, The Hearst Corporation ...... 97±1855 05/02/97 Continental Grain Company, Campbell Soup Company, Campbell Soup Company ...... 97±1874 05/02/97 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28705

TRANSACTIONS GRANTED EARLY TERMINATION BETWEEN: 042897 AND 050997ÐContinued

Name of acquiring person, name of Date acquired person, name of acquired entity PMN No. terminated

Glenn R. Jones, Jones Intercable Investors, L.P., Jones Intercable Investors, L.P ...... 97±1876 05/02/97 Samsung Electronic Co., Ltd., AST Research, Inc., AST Research, Inc ...... 97±1884 05/02/97 Camco International, Inc., Production Operators Corp., Production Operators Corp ...... 97±1890 05/02/97 Michigan Physicians Mutual Liability Company, New Mexico Physicians Mutual Liability Company, New Mexico Physicians Mutual Liability Company ...... 97±1897 05/02/97 Deseret Management Corporation, Evergreen Media Corporation, Evergreen Media Corporation of Chicago FM, Ev- ergreen ...... 97±1910 05/02/97 Louis J. Appell Residuary Trust, Evergreen Media Corporation, Evergreen Media/Pyramid Holdings Corporation ...... 97±1921 05/02/97 General Parts, Inc., Rollance E. Olson, Parts Depot Company, L.P ...... 97±1928 05/02/97 AmeriTruck Distribution Corp., ConAgra, Inc., Monfort Transportation Co., Inc ...... 97±1930 05/02/97 Ridley Corporation Limited, Windy Hill Pet Food Company L.L.C., Hubbard Milling Company ...... 97±1931 05/02/97 Edward D. Hammer, Republic Industries, Inc., Republic Industries, Inc ...... 97±1937 05/02/97 Clear Channel Communications, Inc., Capitol Broadcasting Company L.L.C., Capitol Broadcasting Company, L.L.C 97±1942 05/02/97 Republic Industries, Inc., Spirit Rent-A-Car, Inc., Spirit Rent-A-Car, Inc ...... 97±1945 05/02/97 O. Gene Bicknell, Jamie B. Coulter, ``Pizza Hut Corporations'' and Summit Leasing Company L.L.C ...... 97±1951 05/02/97 Jacor Communications, Inc., The News Corporation Limited, Archon Communications, Inc ...... 97±1953 05/02/97 NORCAL Mutual Insurance Company, Medical Mutual Liability Insurance Society of Maryland, Medical Mutual Group Holdings, Inc ...... 97±1956 05/02/97 Kenneth A. Hendricks, David Trachten, Viking Building Products, Inc ...... 97±1963 05/02/97 Michigan Pizza Hut, Inc., PepsiCo, Inc., Pizza Hut, Inc ...... 97±1968 05/02/97 Giant Industries, Inc., Jerry D. and Phyllis Jane Clayton, Thriftway Marketing Corp ...... 97±1994 05/02/97 Coltec Industries, Inc., AMI Industries, Inc., AMI Industries, Inc ...... 97±1936 05/05/97 Philip Environmental Inc., Allwaste, Inc., Allwaste, Inc ...... 97±1804 05/06/97 Philip Environmental Inc., Serv-Tech, Inc., Serv-Tech, Inc ...... 97±1805 05/06/97 Becton, Dickinson and Company, PharMingen, PharMingen ...... 97±1817 05/06/97 Key Components, Inc., Jordon Industries, Inc., Hudson Lock, Inc ...... 97±1886 05/06/97 The Principal Financial Group, Marsh & McLennan Companies, Inc., Trust Consultants, Inc ...... 97±1888 05/06/97 Moore Corporation Limited, The Peak Technologies Group, Inc., The Peak Technologies Group, Inc ...... 97±1925 05/06/97 Neptune Orient Lines Limited, APL Limited, APL Limited ...... 97±1935 05/06/97 HIG Investment Group, L.P., Let's Talk Cellular of America, Inc., Let's Talk Cellular of America, Inc ...... 97±1939 05/06/97 Harbinger Independent Power Fund I, L.L.C., Mitsubishi Corporation (a Japanese Corporation), Diamond Energy Inc., Moose River Properties Inc ...... 97±1948 05/06/97 Empresa Nacional de Electricidad, S.A., Ashland Inc., AMC Merger Corporation ...... 97±1952 05/06/97 Duke Power Company, S.A. Louis Dreyfus et Cie, Duke/Louis Dreyfus L.L.C ...... 97±1954 05/06/97 Duke Power Company, Duke Power Company, Duke/Louis Dreyfus L.L.C ...... 97±1955 05/06/97 Sterling Software, Inc., Texas Instruments Incorporated, Texas Instruments Incorporated ...... 97±1958 05/06/97 The Walt Disney Company, Hicks, Muse, Tate & Furst Equity Fund II, L.P., Chancellor Radio Broadcasting Com- pany ...... 97±1959 05/06/97 The Walt Disney Company, Evergreen Media Corporation, Evergreen Media Corporation of Los Angeles ...... 97±1960 05/06/97 OY Rapala Group Ltd., NC Holdings I, Inc., NC Holdings, I, Inc ...... 97±1967 05/06/97 Pacific Mutual Life Insurance Company, Thomson Advisory Group, Inc., Thomson Advisory Group, Inc ...... 97±1972 05/06/97 Pacific Mutual Life Insurance Company, Oppenheimer & Co., L.P., Oppenheimer Group, Inc ...... 97±1980 05/06/97 Oppenheimer & Co., L.P., Pacific Mutual Life Insurance Company, Thomson Advisory Group, Inc ...... 97±1981 05/06/97 MCN Energy Group, Inc., Pan Energy Corporation, Source Cogeneration Co., Inc., Summit Computing, Inc ...... 97±1987 05/06/97 Novell, Inc., Novonyx, Inc., Novonyx, Inc ...... 97±1797 05/07/97 Merck & Co., Inc., Istituto Gentili, S.p.A., Istituto Gentili, S.p.A ...... 97±1815 05/07/97 Telephone and Data Systems, Inc. Voting Trust, New Hope Cellular Cooperative, Huntsville Cellular Telephone Corp., Inc ...... 97±1837 05/07/97 Sumner M. Redstone, George A. Vandeman, Channel 34 Television Station, Inc ...... 97±1933 05/07/97 American International Group, Inc., Ameritech Corporation, Ameritech Communications of Ohio, Inc ...... 97±1949 05/07/97 FW Strategic Partners, L.P., Odyssey Partners, L.P., Scotsman Holdings, Inc ...... 97±1950 05/07/97 Cypress Merchant Banking Partners, L.P. Odyssey Partners, L.P., Scotsman Holdings, Inc ...... 97±1957 05/07/97 Code, Hennessy & Simmons II, L.P., Karl R. Zimmer, Jr., and Barbara Zimmer, Zimmer Paper Products, Inc ...... 97±1962 05/07/97 Alltel Corporation, Alltel Corporation, Savannah MSA Cellular Partnership ...... 97±1969 05/07/97 Apollo Investment Fund III, L.P., Allied Waste Industries, Inc., Allied Waste Industries, Inc...... 97±1971 05/07/97 H&R Block, Inc., Fleet Financial Group, Inc., Option One Mortgage Corporation ...... 97±1988 05/07/97 DI Industries, Inc., Grey Wolf Drilling Company, Grey Wolf Drilling Company ...... 97±1990 05/07/97 James K.B. & Audrey Nelson, DI Industries, Inc., DI Industries, Inc ...... 97±1991 05/07/97 Manor Care, Inc, Vitalink Pharmacy Services, Inc., Vitalink Pharmacy Services, Inc ...... 97±1828 05/09/97 US Robotics Corporation, 3Com Corporation, 3Com Corporation ...... 97±1885 05/09/97 Pioneer Natural Resources Company, Parker & Parsley Petroleum Company, Parker & Parsley Petroleum Com- pany ...... 97±1909 05/09/97 Olicom A/S (a Danish company), CrossComm Corporation, CrossComm Corporation ...... 97±1941 05/09/97 Blackstone Capital Partners II Merchant Banking Fund LP, Allied Waste Industries, Inc., Allied Waste Industries, Inc 97±1964 05/09/97 Blackstone Offshore Capital Partners, II L.P., Allied Waste, Inc., Allied Waste, Inc ...... 97±1965 05/09/97 Blackstone Family Investment Partnership II L.P., Allied Waste Industries, Inc., Allied Waste Industries, Inc ...... 97±1966 05/09/97 PictureTel Corporation, MultiLink, Inc., MultiLink, Inc ...... 97±1973 05/09/97 Trinity Industries, Inc., Ladish Co., Inc., Industrial Products Division ...... 97±1974 05/09/97 Vanstar Corporation, A. Salam Qureishi, Sysorex International, Inc ...... 97±1985 05/09/97 Electronic Data Systems Corporation, State Street Corporation, Wendover Financial Services Corporation ...... 97±1986 05/09/97 Virginia Mason Health System, Group Health Cooperative of Puget Sound, Virginia Mason Health Plan, Inc ...... 97±1993 05/09/97 28706 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

TRANSACTIONS GRANTED EARLY TERMINATION BETWEEN: 042897 AND 050997ÐContinued

Name of acquiring person, name of Date acquired person, name of acquired entity PMN No. terminated

American Homestar Corporation, Brilliant Holding Corporation, Brilliant Holding Corporation ...... 97±1995 05/09/97 The Hearst Trust, Bob Marbut, Argyle Television, Inc ...... 97±1999 05/09/97 Bob Marbut, The Hearst Trust, Hearst-Argyle Television, Inc ...... 97±2000 05/09/97 MedPartners, Inc., Karl G. Mangold, Karl G. Mangold, Inc ...... 97±2020 05/09/97 MedPartners, Inc., Herschel Fischer, Herschel Fischer, Inc ...... 97±2021 05/09/97 Joseph Littlejohn & Levy Fund II, L.P., Jay D. Zingg, MSI Manufacturing Group, Inc ...... 97±2022 05/09/97 Joseph Littlejohn & Levy Fund II, L.P., Helmut F. Homann, MSI Manufacturing Group, Inc ...... 97±2023 05/09/97 Mezzanine Lending Associates III, L.P., Code, Hennessy & Simmons II, L.P., Omega Holdings, Inc ...... 97±2024 05/09/97 Genstar Capital Partners II, L.P., E. I. du Pont de Nemours and Company, E. I. de Pont de Nemours and Company 97±2028 05/09/97 Sisters of St. Joseph of Orange, American Province of Little Company of Mary Sisters, Little Company of Mary Health Services ...... 97±2029 05/09/97 GKN plc, Sinter Metals, Inc., Sinter Metals, Inc ...... 97±2032 05/09/97 Evergreen Media Corporation, Gannett Co., Inc., Pacific and Southern Company, Inc ...... 97±2047 05/09/97 Warbug, Pincus Ventures, L.P., Coventry Corporation, Coventry Corporation ...... 97±2052 05/09/97 Roger S. Penske, Carrie B. DeWitt, North Carolina Motor Speedway, Inc ...... 97±2063 05/09/97

FOR FURTHER INFORMATION CONTACT: organizations that serve them, and Application submissions may not be Sandra M. Peay or Parcellena P. describe how each of these groups or faxed. Fielding, Contact Representatives, organizations have adapted to the new FOR FURTHER INFORMATION CONTACT: Federal Trade Commission, Premerger law. Eligible projects should focus on at Notification Office, Bureau of least two communities with a high Technical questions should be directed Competition, Room 303, Washington, concentration of immigrants. to Jason Cohen, DHHS, ASPE, Telephone, 202–690–5880. Questions D.C. 20580, (202) 326–3100. ASPE and ACF with support from the may also be faxed to 202–690–6562. Health Care Financing Administration By Direction of the Commission. Written technical questions should be and the Food and Consumer Service Donald S. Clark, addressed to Mr. Cohen at the following intend to fund this project for a period Secretary. address. Office of the Assistant of three years. We anticipate total [FR Doc. 97–13774 Filed 5–23–97; 8:45 am] funding of approximately $2.5 million Secretary for Planning and Evaluation, BILLING CODE 6750±01±M over the three-year funding period. This Department of Health and Human project will be funded through a Services, 200 Independence Avenue, cooperative agreement with the S.W., Room 404E, Hubert H. Humphrey DEPARTMENT OF HEALTH AND Awardee. Cooperative agreements allow Building, Washinton, D.C. 20201, HUMAN SERVICES for more involvement and collaboration Telephone (202) 690–5880. Office of the Secretary by the government in the affairs of the SUPPLEMENTARY INFORMATION: project than other grants but it provides Part I Assistant Secretary for Planning and less direction of project activities than a Evaluation, Notice Inviting contract. Although we will entertain Legislative Authority Applications for New Award for Fiscal either a new community level study or Year 1997 an add-on to an existing study in which This cooperative agreement is the Department’s funds are utilized for authorized by the Head Start Act, the AGENCY: The Office of the Assistant the specific purposes outlined in this Older Americans Act of 1965, Section Secretary for Planning and Evaluation Announcement, we anticipate that it is 241 of the Public Health Services Act (ASPE) and the Administration for more likely that we will add-on to an and Section 1110 of the Social Security Children and Families (ACF) of the existing study. The Terms of Award are Act (42 U.S.C. 1310) and awards will be Department of Health and Human in addition to, not in lieu of, otherwise made from funds appropriated under Services (HHS). applicable guidelines and procedures. Public Law 104–208 Omnibus ACTION: Announcement of the DATES: The deadline for submission of Consolidated Appropriation Act for FY availability of funds and request for applications under this announcement 1997. applications to research and analyze the is July 22, 1997. economic and health status of Eligible Applicants immigrants, their communities and the MAILING ADDRESS: Application Pursuant to section 1110 of the Social organizations that serve them. instructions and forms should be requested from and submitted to: Grants Security Act, any public or private SUMMARY: The purpose of this project is Officer, Office of the Assistant Secretary nonprofit organizations including to describe the economic and health for Planning and Evaluation, universities and other institutions of status of immigrants, their communities Department of Health and Human higher education, may apply. and the organizations that serve them. Services, 200 Independence Avenue, Applications may also be submitted by Given the recent change in law related SW., Room 405F, Hubert H. Humphrey private for-profit organizations. to immigrants, (to the extent possible) Building, Washington, D.C. 20201, However, for-profit organizations are the project should seek to describe the Telephone: (202) 690–8794. Requests for advised that cooperative agreement effects of the Personal Responsibility forms and questions (administrative and funds may not be paid as profit to any and Work Opportunity Reconciliation technical) will be accepted and recipient of a grant or subgrant. Profit is Act (PRWORA) on low-income responded to up to 30 days prior to any amount in excess of allowable immigrants, their communities and the closing date of receipt of Applications. direct and indirect costs of the recipient. Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28707

Available Funds categories of immigrants. While both the While documenting the economic and 1. ASPE and ACF anticipate providing Census and CPS gather health insurance health status of immigrants would prove $2.5 million over three years pursuant information that distinguish between valuable even in the absence of recent to this announcement. Medicare, Medicaid, and state health legislation, the new welfare law makes 2. Applications are to include insurance program participation additional data collection and analysis separate estimates for each of the three comparisons with Administrative data describing the condition of this years, if funding levels are expected to suggest that there are some limitations population imperative. In the past, be substantially different in subsequent to these health coverage estimates. The immigration legislation has regulated years. SIPP and PSID longitudinal surveys immigration by limiting the types and 3. Funding for the second and third contain detailed and useful information number of immigrants allowed entry; years of this project is subject to future on individual and family income and PRWORA however, marks a new program participation. However, both direction in modern U.S. immigrant appropriations and approval of the surveys provide only national estimates. policies by establishing a federal policy Assistant Secretary. ASPE and ACF The CPS, SIPP and PSID have recently that excludes many newcomers from expect, however, that this project will added additional questions that should major assistance programs based solely be supported during future fiscal years provide better estimates of types of on their immigrant status. so that the total award is approximately noncitizens in the near future. The immigrant eligibility provisions $2.5 million. Although a single award is While the 1990 Decennial Census has within PRWORA are very complex. anticipated, nothing in this noncitizen sample sizes sufficient to After August 1997, legal permanent announcement restricts the ability of the generate state and local level estimates, resident aliens currently receiving SSI Assistant Secretary for Planning and its measurement of cash ‘‘public and food stamp benefits residing in the Evaluation to make more than one assistance’’ combines Aid to Families U.S. prior to passage of PRWORA on award or to make an award for less with Dependent Children (AFDC), August 22, 1996 will lose eligibility money. Supplemental Security Income (SSI), unless they become U.S. citizens, can Background and state/local general assistance. show proof that they were admitted as Moreover, the 1990 Decennial Census a refugee or an asylee within the past There is a critical need for better data lack information on non-cash five years, have worked for 10 years in information regarding immigrants’ use assistance, including food stamp this country (or were married to a of benefits and services, especially benefits. Finally, major health-related worker or the minor child of a worker) better data on the economic and health surveys such as the National Health or have served in the U.S. Armed status of immigrant families with Interview Survey (NHIS) and the new Forces. New applicants lost eligibility children and their communities. This Medical Expenditure Panel Survey for SSI and food stamps in September project will establish new data and (MEPS) do not include citizenship and 1996, unless they met one of the criteria analysis on the economic and health immigration status variables. listed above. Legal immigrants admitted conditions of immigrants and their In contrast to these survey-based data after September 1996 are barred from a communities, and will begin to evaluate sources, there are some administrative variety of other Federal and State the effects of recent changes in legal data sources that provide information benefits. States also have the option of immigrant eligibility for assistance. about immigrant benefit utilization. The barring legal permanent resident aliens Each of the major data sources is principal advantages of these data sets from TANF and Medicaid. currently inadequate to fully estimate are that they provide a more reliable The Congressional Budget Office the economic and health status of estimate of individuals receiving (CBO) has estimated that nearly one-half immigrants, or to analyze immigrants’ benefits compared to survey data, and of the savings, or $23.8 billion, from utilization of benefits and services. For they differentiate among different types welfare reform will be due to the example, most survey based data— of immigrants. In particular, SSI immigrant eligibility restrictions. While including the 1990 Decennial Census, administrative data are useful in the numbers of immigrants losing Current Population Survey (CPS), the estimating the receipt of SSI by different benefits from TANF and Medicaid are Survey on Income and Program immigrants (i.e., naturalized citizens, uncertain because it is not known which Participation (SIPP), and the Panel legal permanent residents, refugees, States will provide these benefits to Survey on Income Dynamics (PSID)—do asylees, parolees, etc.). Similarly, AFDC legal resident aliens, CBO estimated that not provide enough detail regarding and Food Stamp Quality Control (QC) by August 22, 1997 half a million noncitizen status to differentiate among administrative data provide estimates of elderly and disabled beneficiaries will immigrant categories (e.g., legal different types of immigrants. However, be terminated from the SSI program; permanent residents, refugees/asylees, AFDC and Food Stamps data are not as almost a million immigrants will lose parolees, illegal immigrants, temporary reliable as SSI data since they are based food stamps. residents, etc.). Information that on smaller samples of administrative At the time of this writing, a tentative differentiates immigrants by their data collected by states. All of these budget agreement has been reached that immigration or citizenship status is administrative data sets do not account would restore benefits to some critical. For example, under PRWORA accurately for changes in immigrants’ immigrants. While the particular policy certain noncitizens such as refugees and status—either to another immigration details have not yet been totally asylees retain some eligibility for federal status, or to naturalized citizen. In resolved, it appears that at a minimum, and state benefits while other non- addition, they only yield reliable state current recipients, children and those citizens including illegal immigrants level immigrant estimates for states with with old affidavits of support who are have never been eligible for most a large number of immigrants receiving disabled after entry will remain eligible benefits. benefits. Also, administrative data to receive SSI and Medicaid. In Another limitation of the CPS, SIPP, sources only provide data on program addition, refugees and asylees will and PSID surveys are that due to sample participants. Information regarding non- remain eligible for SSI and Medicaid for size they can only provide reliable citizens that become ineligible for seven years. While this agreement national level estimates that do not benefits will not longer be captured by would restore benefits for some permit subgroup analysis for different administrative data. immigrants, there would remain many 28708 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices immigrants whose eligibility for benefits and how it is affected by the change in accessed by immigrants and their would be in jeopardy. law. families? • Access to Services: Do immigrants The limitations of both administrative Part II—Purpose and Responsibilities and survey data described above have adequate access to health and indicate the critical need for additional Purpose human services? Are there any unmet needs due to access limitations? To information on immigrants and their The purpose of this cooperative what extent is access to services communities, particularly information agreement is to fund a research project which can differentiate among different determined by eligibility for benefits? that will describe the economic and • types of immigrants, describe their Food Security: What is the level of health status of immigrants, their food insecurity and hunger among health and economic status, and provide communities and the organizations that estimates of benefit utilization and immigrants? What is the demand for serve them. The project should also (to community-based food assistance? What health insurance status. This project the extent possible) describe the effects would provide useful data for sources do immigrants turn to in order of the Personal Responsibility and Work to meet their food needs? researchers to conduct secondary Opportunity Reconciliation Act • analysis and critical information to Role of Community Organizations: (PRWORA) on low-income immigrant What type and how much assistance do policy makers as they consider policies families with children, their regarding this population in the future. immigrants receive from community communities, and the health and human organizations including religious The significant change in law with service organizations serving them and institutions? How have these respect to immigrants makes it even describe how each is adapting to welfare organizations helped immigrants adapt more important that this information be reform. to the new welfare law? gathered and analyzed quickly. As Grantee Responsibilities There is reason to believe that noted above, many of the provisions PRWORA may significantly affect related to immigrants are already in 1. The Grantee should propose a immigrants’ economic and health status effect making it even more important to project that will be able to describe making it even more important to gather information regarding conditions within the topic areas examine how their conditions change as immigrants’ economic and health status underlined below. The project should the law becomes fully implemented. as the law becomes fully implemented explore the relationships among Special consideration will be given to and to examine how conditions change immigrant families (including children projects that demonstrate that they will as a result of the new law. and the elderly), service providers, and make a concerted effort to examine the This project should also measure the community organizations within each impact of the new law on immigrants food security of immigrants. For many topic. Questions listed next to each and their service providers. ASPE and immigrants, the loss of cash assistance topic suggest the type of information in ACF are particularly interested in and food stamps may lead to increased which ASPE and ACF have particular immigrant households that received SSI, hardship in meeting their economic and interest. To the extent possible, the Medicaid, and/or food stamps prior to food needs. The Food and Consumer project should also examine PRWORA’s enactment of PRWORA but have since Service has coordinated the impact on each of these areas. become ineligible for benefits due to the development of a standardized national • Employment: More specific new law. survey instrument for measuring the research questions could include the Eligible projects should focus on at prevalence and severity of food following: What type of jobs do least two communities with high insecurity and hunger in U.S. immigrants hold? How long do they stay densities of immigrants. It is desirable to households. These concepts have in their jobs? What level of wages do understand the conditions and evolved into widely accepted they receive and how much do they adaptation to the new law of as many definitions within the scientific and receive in total earnings? What fringe different immigrant groups as possible food policy communities in recent years benefits do they receive from their given the constraints of available funds. and these questions are now being used employers? What are the child care Selecting sites with different local in the national surveys described above. arrangements for employed immigrants? welfare reform policies regarding It is also important to describe how • Immigrants’ Income/Assistance: immigrants is encouraged. immigrant families interact with What are their sources of income and The project should attempt to community organizations and service how much do they receive from each describe conditions for all members of providers. Many of these organizations source? What means-tested and other the immigrants’ household and should currently play a vital role in providing public benefits and assistance do they distinguish household members’ support to immigrant families and may receive? What is the ratio of assistance conditions by immigration and be called upon for additional support in to total income? What types of citizenship status as well as length of the aftermath of the new welfare law. assistance and services are received and stay in this country. To the extent For example, since many legal from whom (public or private service possible, information on immigration immigrants may no longer be eligible for providers, friends, family, etc.)? status should include information on regular Medicaid health coverage it will • Immigrant Service Provider the immigrant’s sponsors, if applicable. be important to understand the impact Financing: How has service provider The project should also answer the on hospitals and other service financing been affected by changes in relevant research questions above from providers, how they react in response to immigrants’ eligibility for services, such the standpoint of service providers and the change in law and how it affects the as Medicaid, and has this affected community organizations. This could be health of immigrants themselves. service delivery and if so, how? accomplished either through an Similarly, community organizations • Health Status: What is the health ethnographic study, conducting (e.g., mutual assistance associations) status of immigrants within each interviews or by examining and religious institutions often play an community? How do adult and child administrative records. These important role in the lives of immigrant immigrants fare on the major health organizations could include, but are not families. This project will seek to indicators? What types of health limited to, hospitals, clinics, Head Start improve our understanding of that role insurance coverage are available to and centers, social service providers, child Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28709 care facilities, Mutual Assistance the Grantee to answer the research 4. Assist in the transfer of information Associations and public health questions described in the work plan. to appropriate Federal, state and local authorities. Information from these (d) Identify the methodology the entities. organizations should describe the Grantee will use to analyze the effect of 5. Review Grantee activities and relationship between immigrant families local economic, demographic and provide feedback to ensure that and the community, the types of programmatic changes on immigrants’ objectives and award conditions are support community organizations economic and health conditions. being met. ASPE retains the right to provide to immigrant families, and, to (e) Identify important questions/ withhold future year funding if the extent possible, how these issues for which data currently are not technical performance requirements are organizations respond to PRWORA available, and strategies for dealing with not met. this lack of data when it pertains to the including outreach efforts to explain Part III—Application Preparation and research questions in the work plan. changes in law to beneficiaries. Evaluation Criteria 2. In the spirit of the cooperative (f) Describe the results that will be agreement, the Grantee should provide produced and construct table shells This section contains information on monthly updates to inform the Federal illustrating how these results will be the preparation of applications for Project Officer of research developments presented. submission under this announcement, and the status of project activities. 6. Once initial data analyses have on the forms necessary for submission, 3. With input from the Federal Project been conducted, the Grantee should and on the evaluation criteria under Officer, the Grantee should select an meet with relevant federal personnel in which the applications will be Advisory Panel to provide guidance in Washington, D.C. to discuss preliminary reviewed. Potential applicants should project development. The Advisory findings and the format for the final read this section carefully in Panel may participate in subsequent report. In the spirit of a cooperative conjunction with the information meetings between the Federal Project agreement, the Grantee should work provided above. The application must Officer and the Grantee. The Grantee with Federal personnel to determine the contain the required Federal forms, title may be responsible for the Advisory need for additional data collection or page, table of contents, and the sections Board’s travel and related expenses, if analysis. listed below. All pages of the narrative any. 7. After completing their analysis, the should be numbered. The application should include the 4. Prior to completion of the work Grantee will prepare a final report following elements: plan (analysis plan), the Grantee should describing the procedures used to conduct the analysis, barriers 1. Abstract: A one page summary of meet with relevant federal personnel in the proposed project. Washington, D.C. to discuss the encountered in completing the project and the results of their analysis. A draft 2. Goals and objective of the project: preliminary methodology and design of An overview that describes (1) the the research project including what of this report should be delivered to the Federal project officer before the project, (2) the specific research research questions will be answered and questions to be investigated, (3) what methodology the Grantee will completion of the project. The Federal Project Officer will return comments on proposed accomplishments, and (4) employ to answer the questions. Federal knowledge and information to be gained personnel will have the opportunity to the draft report to the Grantee and a final report that reflects the comments from the project by the applicant, the provide input and suggestions in these government, and the research areas. If this project is an add-on to an of the Federal Project Officer should be delivered to the Grants Officer before community. existing project, the Federal Project 3. Methodology and Design: Provide a Officer should be invited to participate the completion of the project. The report should be provided to the Grants Officer description and justification of how the in other meetings in which the Grantee proposed research project will be is involved in discussions regarding both in hard copy and on 3.5’’ floppy disk in a format that is agreed upon by implemented, including methodologies, critical aspects of the project with other chosen approach, data, expected legal funders. both parties. 8. Following the completion of the and immigrant status of the population 5. After consultation, the Grantee final report, the Grantee should conduct studied, and proposed research and should submit a final work plan that is a briefing in Washington, D.C. for analytic plans. Describe how the design based on and updates the work plan Federal personnel regarding the results will distinguish information by submitted in the original application. of the analyses. The Grantee should be immigrant and citizenship status. The plan should include the following: responsible for assembling and copying Identify theoretical or empirical basis (a) Complete list of research questions any necessary briefing materials. The for the methodology and approach the project will answer and the variables briefing should take place before the proposed. Explain how results will be that will be used to answer each completion of the project. compared across sites and to the overall question. These variables could include 9. The Grantee will make data and population. Specify how the study will (but are not limited to) immigration analysis completed as a result of this protect the confidentiality of subjects status and demographic information for project available to the research (including legal and illegal) and the all members of the household including community and the government through information they provide. Describe how family structure; income level and a public-use data file. the project will address potential source; benefit eligibility and history, difficulties in studying the immigrant employment history; health status, ASPE Responsibilities population such as recruitment health insurance. 1. Provide input into the final work challenges and language and cultural (b) Identify and describe the plan, including methodology, design, differences, if applicable. methodology used to gather information and dissemination plan. 4. Experience, capacity, on immigrants and communities with 2. Provide consultation and technical qualifications, and use of staff: Briefly respect to these variables and the assistance in planning, and operating describe the applicant’s organizational analysis to be performed. program activities. capabilities and experience in (c) Identify how the proposed 3. Work with the Grantee to determine conducting pertinent research projects. variables and data sets will be used by appropriate data analysis. Identify the key staff who are expected 28710 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices to carry out the research project and general public. Comments from these the best interest of the government. provide a curriculum vitae for each sources, along with those of the However, DHHS will not waive or person. Provide a discussion of how key reviewers, will be kept from extend the deadline for any applicant staff will contribute to the success of the inappropriate disclosure and may be unless the deadline is waived or project. Demonstrate an ability to considered in making an award extended for all applicants. address language and cultural issues decision. Application Forms that may arise in working with State Single Point of Contact (E.O. No. nonnative populations. Copies of applications should be Applicants may also choose to work 12372) requested from and submitted to: Grants with other researchers with a particular DHHS has determined that this Officer, Office of the Assistant Secretary desired expertise such as health services program is not subject to Executive for Planning and Evaluation, researchers. If the applicant plans to Order 12372, ‘‘Intergovernmental Department of Health and Human contract for outside staff for this project, Review of Federal Programs.’’ Services, 200 Independence Avenue, the relationship and commitment of Applicants are not required to seek SW., Room 405F, Hubert H. Humphrey these people to the applicant intergovernmental review of their Building, Washington, D.C. 20201, organization should be demonstrated. applications within the constraints of Telephone: (202) 690–8794. Requests for Applicants should demonstrate access E.O. 12372. forms and questions (administrative and to computer hardware and software for Deadline for Submission of Applications technical) will be accepted and storing and analyzing the data necessary responded to up to 30 days prior to to complete this project. The closing date for submittal of closing date of receipt of applications. 5. Work plan: A work plan should be applications under this announcement Applications will not be faxed. included which describes the start and is July 22, 1997. Hand-delivered Also see section entitled end dates of the project, the applications will be accepted Monday ‘‘Components of a Complete responsibilities of each of the key staff, through Friday, excluding Federal Application.’’ All of these documents and a time line which indicates the holidays during the working hours of must accompany the application sequence of tasks necessary for the 9:00 a.m. to 4:30 p.m. in the lobby of the package. completion of the project. It should Hubert H. Humphrey building located at identify other time commitments of key 200 Independence Avenue, SW. in Length of Application staff members such as other projects Washington, DC. When hand-delivering Applications should be as brief as and/or teaching or managerial an application, call (202) 690–8794 from possible but should assure successful responsibilities. The work plan should the lobby for pick up. A staff person will communication of the applicant’s include a discussion of plans for be available to receive applications. proposal to the reviewers. In no case dissemination of the results of the Faxed applications will not be accepted. shall an application (excluding the study, e.g., articles in journals and An application will be considered as resumes, appendix and other presentations at conferences. meeting the deadline if it is either (1) appropriate attachments) be longer than 6. Budget: Applicants must submit a received at, or hand-delivered to, the 30 single spaced pages. Applications request for federal funds using Standard mailing address on or before July 22, should be neither unduly elaborate nor Form 424A and include a detailed 1997, or (2) postmarked before midnight contain voluminous supporting breakdown of all Federal line items. A July 22, 1997 and received in time to be documentation. narrative explanation of the budget considered during the competitive should be included which explains fund review process (within two weeks of the Selection Process and Evaluation usage in more detail. The applicant deadline date). Criteria should clearly state how the funds When mailing applications, Selection of the successful applicant associated with this announcement will applicants are strongly advised to obtain will be based on the technical and be used and describe the extent to a legibly dated receipt from a financial criteria described in this which these funds will be used for commercial carrier (such as UPS, announcement. Reviewers will purposes that would not otherwise be Federal Express, etc.) or from the U.S. determine the strengths and weaknesses incorporated within the project. The Postal Service as proof of mailing by the of each application in terms of the applicant should also document the deadline date. If there is a question as evaluation criteria listed below, provide level of funding from other sources and to when an application was mailed, comments and assign numerical scores. describe how these funds will be applicants will be asked to provide The review panel will prepare a utilized. proof of mailing by the deadline date. summary of all applicant scores and When proof is not provided, an strengths/weaknesses and Review Process and Funding application will not be considered for recommendations and submit it to the Information funding. Private metered postmarks are ASPE for final decisions on the award. A Federal panel will review and score not acceptable as proof of timely The point value following each all applications that are submitted by mailing. criterion heading indicates the the deadline date and which meet the Applications which do not meet the maximum numerical weight that each screening criteria (all information and deadline are considered late section will be given in the review documents as required by this applications and will not be considered process. An unacceptable rating on any Announcement.) The panel will review or reviewed in the current competition. individual criterion may render the the applications using the evaluation DHHS will send a letter to this effect to application unacceptable. Consequently, criteria listed below to score each each late applicant. applicants should take care to ensure application. These review results will be DHHS reserves the right to extend the that all criteria are fully addressed in the primary element used by the ASPE deadline for all proposals due to natural the applications. Applications will be in making funding decisions. The disasters, such as floods, hurricanes, or reviewed as follows: Department reserves the option to earthquakes; or if there is a widespread Three (3) copies of each application discuss applications with other Federal disruption of the mail; or if DHHS are required. Applicants are encouraged or State staff, specialists, experts and the determines a deadline extension to be in to send an additional seven (7) copies of Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28711 their application to ease processing, but ability of the applicant’s proposed application for such reasons as lack of applicants will not be penalized if these methodology to reliably attribute funds or a need for further review. extra copies are not included. impacts. 2. Notification of Disposition Applications will be judged according 3. Qualifications of Personnel and to the criteria set forth below: Organizational Capability. (20 points). The Assistant Secretary for Planning 1. Goals, Objectives, and Potential The qualifications of the project and Evaluation will notify the Usefulness of the Analyses (20 points). personnel for conducting the proposed applicants of the disposition of their The potential usefulness of the research as evidenced by professional applications. If approved, a signed objectives and how the anticipated training and experience, and the notification of the award will be sent to results of the proposed project will capacity of the organization to provide the business office named in the ASPE advance policy knowledge and the infrastructure and support necessary checklist. development. Applicants will be judged for the project. Reviewers will evaluate on the extent to which the proposed Components of a Complete Application the applicant’s principal investigator research questions address the required A complete application consists of the and staff on research experience and topics listed in this announcement and following items in this order: demonstrated research skills. Ratings whether answers to these questions will 1. Application for Federal Assistance may consider references on prior effectively describe the economic and (Standard Form 424); health status of immigrants, their research projects. Principal investigator 2. Budget Information—Non- communities and the organizations that and staff time commitments also will be construction Programs (Standard Form serve them. Special consideration will a factor in the evaluation. Special 424A); be given to projects that demonstrate consideration will be given to 3. Assurances—Non-construction that they will make a concerted effort to applicants that collaborate with Programs (Standard Form 424B); describe economic and health status organizations that frequently work with 4. Table of Contents; changes, if any, in the aftermath of the immigrant populations. Reviewers will 5. Budget Justification for Section B new law. rate the applicant’s pledge and ability to Budget Categories; 2. Quality and Soundness of work in collaboration with other 6. Proof of Non-profit Status, if Methodology and Design (40 points). scholars or organizations in search of appropriate; The appropriateness, soundness, and similar goals. Reviewers also will 7. Copy of the applicant’s Approved cost-effectiveness of the methodology, evaluate the applicant’s demonstrated Indirect Cost Rate Agreement, if including the research design, statistical capacity to work with a range of necessary; techniques, analytical strategies, government agencies. 8. Project Narrative Statement; selection of existing data sets, and other 4. Ability of the Work Plan and 9. Any appendices or attachments; procedures. Reviewers will evaluate the Budget to Successfully Achieve the 10. Certification Regarding Drug-Free sites selected for the study on the basis Project’s Objectives. (20 points). Workplace; of the concentration of immigrants Reviewers will examine if the work plan 11. Certification Regarding living there, the diversity of the and budget are reasonable and sufficient Debarment, Suspension, or other immigrant population both in country of to ensure timely implementation and Responsibility Matters; origin and their immigration status, and completion of the study and whether 12. Certification and, if necessary, in diversity between sites in terms of the applicant demonstrates an adequate Disclosure Regarding Lobbying; local welfare reform policies. Special level of understanding by the applicant 13. Supplement to Section II—Key consideration will be granted to of the practical problems of conducting Personnel; proposals that seek to examine more such a project. Reviewers will judge 14. Application for Federal Assistance sites with a greater diversity of whether there is an ‘‘added benefit’’ Checklist. immigrants and greater variation in from providing these funds. In other Dated: May 20, 1997. local policy parameters without words, is the applicant using federal David F. Garrison, compromising the research questions to funds for purposes that would not be answered or the methodology to be Principal Deputy Assistant Secretary for otherwise be funded. Reviewers will Planning and Evaluation. employed. also consider whether the budget [FR Doc. 97–13771 Filed 5–23–97; 8:45 am] Reviewers will also judge whether the assures an efficient and effective proposed methodology is likely to allocation of funds to achieve the BILLING CODE 4151±04±P accurately describe immigrants’ status objectives of this solicitation and as suggested by the topics listed in Part whether the application has additional II of this announcement and provide funding from other sources. Eligible DEPARTMENT OF HEALTH AND descriptions by immigrant and projects must have at least $500,000 HUMAN SERVICES citizenship status. Reviewers will rate from other sources and document the the extent to which the methodology Centers for Disease Control and source(s) of these funds (certification, Prevention employs standard definitions and letter of intent, etc.). Applicants without variables for answering our research these funds or the documentation that [Announcement Number 794] questions that are comparable to certifies these funds will be ineligible to definitions and variables used in receive any points in this category. Immunization Registry Targeted nationally recognized assessment tools Research Projects; Notice of such as the CPS, SIPP, NHIS, and MEPS. Disposition of Applications Availability of Funds for Fiscal Year Reviewers will also examine whether 1. Approval, Disapproval, or Deferral 1997 the proposed methodology will accurately describe the interaction On the basis of the review of the Introduction between immigrants, their communities application, the Assistant Secretary will The Centers for Disease Control and and service providers. To the extent that either (a) approve the application as a Prevention (CDC) announces the projects seek to examine the effects of whole or in part; (b) disapprove the availability of fiscal year (FY) 1997 PRWORA, reviewers will also judge the application; or (c) defer action on the funds for cooperative agreement 28712 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices research projects to identify solutions to September 30, 1997. The awards will be shall be used, other than for normal and problems which currently impair made for 12-month budget periods recognized executive-legislative progress in the development and within a project period of up to 2 years. relationships, for publicity or operation of immunization registries. Final funding amounts may differ from propaganda purposes, for the CDC is committed to achieving the the amounts above and are subject to preparation, distribution, or use of any health promotion and disease change based on the availability of kit, pamphlet, booklet, publication, prevention objectives of Healthy People funds. radio, television, or video presentation 2000, a national activity to reduce Cooperative agreement applications designed to support or defeat legislation morbidity and mortality and improve which exceed the $150,000 (including pending before the Congress, * ** the quality of life. This announcement direct and indirect costs) per year will except in presentation to the Congress is related to the priority area of be returned to the applicant as non- or any State legislative body itself. Immunization and Infectious Diseases. responsive. (b) No part of any appropriation (For ordering a copy of Healthy People Continuation awards within the contained in this Act shall be used to 2000, see the section Where to Obtain project period will be made on the basis pay the salary or expenses of any grant Additional Information.) of satisfactory progress and the or contract recipient, or agent acting for availability of funds. Authority such recipient, related to any activity Use of Funds designed to influence legislation or This program is authorized under appropriations pending before the sections 317 (42 U.S.C. 247b) and 311 Allowable Uses Congress or any State legislature. (42 U.S.C. 243) of the Public Health Funds should be targeted for Department of Labor, Health and Service Act as amended, and the implementation, management, and Human Services, and Education, and National Childhood Vaccine Injury Act evaluation of the project. Funds can Related Agencies Appropriations Act, (42 U.S.C. 300aa–1, et seq.). support personnel and the purchase of 1997, as enacted by the Omnibus Smoke-Free Workplace modest amounts of hardware and Consolidated Appropriations Act, 1997, software for data collection, analysis, Division A, Title I, Section 101(e), CDC strongly encourages all grant and project management and evaluation Public Law 104–208 (September 30, recipients to provide a smoke-free purposes. 1996). workplace and to promote the non-use of all tobacco products, and Public Law Prohibited Uses Background 103–227, the Pro-Children Act of 1994, Cooperative agreement funds through Immunization registries, particularly prohibits smoking in certain facilities this project cannot be used for (1) community-based immunization that receive Federal funds in which Construction, (2) renovation, (3) the registries (in which both public and education, library, child care, health purchase or lease of passenger vehicles private immunization providers care, and early childhood development or vans, or (4) supplanting any current participate) are vital to the efforts of the services are provided to children. applicant expenditures. National Immunization Program (NIP) to Eligible Applicants Restrictions on Lobbying achieve and maintain high Eligible applicants include nonprofit Applicants should be aware of immunization levels. organizations. Thus, State and local restrictions on the use of HHS funds for Key defining characteristics of a health departments, other State and lobbying of Federal or State legislative ‘‘fully developed’’ immunization local government agencies, universities, bodies. Under the provisions of 31 registry at this point in time include: (1) colleges, research institutions, hospitals, U.S.C. 1352 (which has been in effect A mechanism for including all births in other public and private non-profit since December 23, 1989), recipients the target area; (2) system functionality organizations, including small, minority (and their subtier contractors) are to support parental or guardian recall of and/or women-owned non-profit prohibited from using appropriated children whose immunizations are past businesses are eligible to apply. Federal funds (other than profits from a due; (3) ability to help prevent ‘‘missed An organization described in section Federal contract) for lobbying Congress opportunities’’ by automatically 501(c)(4) of the Internal Revenue Code or any Federal agency in connection evaluating immunization status at every of 1986 which engages in lobbying with the award of a particular contract, visit; and, (4) ability to assess activities shall not be eligible to receive grant, cooperative agreement, or loan. immunization coverage at levels of Federal funds constituting an award, This includes grants/cooperative individual providers, clinics, and grant, loan, or any other form. agreements that, in whole or in part, geographic localities. Applications will be considered for involve conferences for which Federal Immunization registries are now being funding to conduct a study to address a funds cannot be used directly or implemented in all States and many single research question. The research indirectly to encourage participants to localities. This represents a substantial question chosen should be clearly lobby or to instruct participants on how public health investment. There is indicated in the 1-page response to the to lobby. reason to believe that registries will Program Requirements which is to In addition, the FY 1997 HHS achieve their potential to help in appear as the first page of text in the Appropriations Act, which became meeting national immunization goals. application. effective October 1, 1996, expressly However, the development and prohibits the use of 1997 appropriated operation of registries is complicated by Availability of Funds funds for indirect or ‘‘grass roots’’ the absence of essential information Approximately $1,000,000 is available lobbying efforts that are designed to about them including specific, in FY 1997 to fund up to ten cooperative support or defeat legislation pending systematically collected information on agreements. It is expected that the before State legislatures. This new law, their cost, the best methods for average award will be $100,000 per year Section 503 of Public Law 104–208, developing and maintaining them, and (including direct and indirect costs), provides as follows: optimal system architectures. ranging from $50,000 to $150,000, with Section 503(a) No part of any Accordingly, NIP will support awards being made on or before appropriation contained in this Act investigation of the research questions Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28713 posed in this program announcement to 3. The applying institution, scientific approach is taken in this begin supplying this key information. organization, or agency is designating project. one such experienced and published 4. Cooperate in the preparation and Purpose investigator as this project’s principal publication of study results. The purposes of this program are to investigator. Application Contents (1) Increase collective knowledge about 4. The principal investigator on this the dimensions of these problems, (2) project has access to an immunization Applicants must use the following yield bona fide information upon which registry to the extent, and for the time, format for the narrative portion of their solutions to these problems can be necessary to carry out this project. applications. Single spacing is optional, based, and (3) identify problematic Provide a succinct but informative but an applicant must observe the aspects which point to the need for response to each application specified page limitations and use no further research to yield additional requirement. Your response must not less than a 12-point font. Applicants workable solutions. exceed 1 page. As evidence of meeting should include a Table of Contents (not to exceed 1 page) to provide a guide for Programmatic Priorities the requirements, you may either present independent attachments or locating key topics. Applicants should Select the focus of the proposed make reference to appropriate text in, or also provide an abstract of the proposed research project from among the attachments to, the body of your program (not to exceed 1 page) that following specific research questions application. Your response may follow summarizes the research question to be (proposed research must be in one of the your Table of Contents, but must appear addressed, the priority activities to be following): as the first page of the text of your undertaken to successfully answer the 1. What are the most efficient application and be titled, ‘‘Program research question, the principal methods for assuring each child has a Requirements.’’ An affirmative response investigator’s educational and unique identification in an to Requirements 1–4 is required to professional backgrounds and research immunization registry (i.e., un- qualify for further review. experience, and the registry to be used duplicating records)? for the purposes of this research. 2. What are the direct and indirect Cooperative Activities When developing the application, costs of maintaining a fully developed In conducting activities of this applicants should refer to the relevant community immunization registry? program, the recipient shall be program requirements and guidance to 3. What are the most effective ways to responsible for the activities under A. address A.-F. below, which correspond both secure and maintain the active below and CDC shall be responsible for to review and evaluation criteria in the participation of private providers in an conducting activities under B. below. next section. immunization registry? 4. How effective and feasible is it to A. Recipient Activities A. Rationale for the Research Question adapt existing billing and/or patient Chosen To Be Addressed (Not to Exceed 1. Implement the proposed study management systems to obtain accurate 1 Page) design developed to answer the specific and complete immunization Describe the research question chosen research question which is the selected information for entry into a registry? to be addressed and the rationale for focus of this research project. To assist in making this selection, this selection. Included in this should 2. Implement an evaluation plan please refer to ‘‘Guidelines to Help be an explanation of why this question designed to determine the extent to Determine Effective Answers to is a priority for the investigator(s) and which the chosen research question is Immunization Registry Research what types of interest, experience, or answered. Questions’’ (included in the application expertise the investigator(s) bring to the kit), for thoughts on some of the 3. Specify remaining or newly particular problem inherent in the possible dimensions of these research identified aspects of the research chosen research question, and the questions. question. anticipated value to immunization 4. Completely document the process Program Requirements registry development or operations that involved in answering each aspect of a workable solution is likely to mean. The following are application the research question. requirements. Please respond with a 5. Publish the results of the research B. Objectives of the Research (Not to clear but succinct description and in a peer-reviewed health sciences or Exceed 1 Page) supportive references regarding how medical journal. Itemize the objectives and time lines each of the statements apply in the case B. CDC Activities of the research in relation to the chosen of your application: research question. If a second year is 1. The applying institution, 1. Provide epidemiologic, necessary to answer the chosen research organization, or agency has a track programmatic, and educational question, itemize the objectives and record of successful health economics consultation and technical assistance in time lines that will take the project to research, health services research, or planning, operating, improving, and a successful conclusion. health information systems research. evaluating the research project. 2. The applying institution, 2. Provide ongoing technical C. Design of the Research (Not to Exceed organization, or agency employs or can assistance to principal investigators to 3 Pages) engage investigators in the fields of ensure that they are able to avoid the Describe the proposed methodology of economics, health services research, or retesting of flawed or failed techniques, the research, how it is expected that information systems research who have systems, or approaches from prior various activities will result in direct experience at establishing, efforts of various U.S. immunization answering the chosen research question, working with, and/or researching programs which are known to NIP/CDC, and how the design will ensure immunization programs or related but which may not be common generalizability of the findings. This topics, and with a corresponding record knowledge. description should include, as of substantial publication in the peer- 3. Provide technical assistance and appropriate, (a) the proposed plan for reviewed scientific literature. oversight to ensure that a rigorous the inclusion of both sexes and racial 28714 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices and ethnic minority populations for Evaluation Criteria project is sufficiently typical of appropriate representation; (b) the Upon receipt, applications will be registries around the country so that a proposed justification when such screened by CDC staff for completeness solution to the research question will representation is limited or absent; (c) a and responsiveness as outlined under have the broadest possible application, statement as to whether the design of the previous heading, ‘‘Program (2) the principal investigator has the study is adequate to measure Requirements’’ (A.–F.). Incomplete sufficient access and ability to alter or differences when warranted; and (d) a applications and applications which are manipulate it for the purposes of statement as to whether the plans for not responsive will be returned to the carrying out this research project, and recruitment and outreach for study applicant without further consideration. (3) if applicable, the attached evidence participants include the process of Applications accepted for full review of collaboration specifies the establishing partnerships with will be evaluated according to the commitment of the registry owner(s) community(ies) and recognitions of following criteria: and provides collaboration details, mutual benefits. including the terms of access to the A. Rationale for the Research Question registry and any specified limits to D. Background and Experience of the Chosen To Be Addressed collaboration for the purposes of this Principal Investigator and the Applying The extent to which the rationale for project. (20 Points) Institution, Organization, or Agency the chosen research question (1) Is F. Budget and Budget Justification (Not to Exceed 2 Pages) based on the interest, experience, and/ or expertise of the investigator(s) with The extent to which the budget is Describe the educational and immunization registries, and (2) clearly reasonable, consistent with the intended professional background of the principal communicates the anticipated value to use of these cooperative agreement investigator, and document the relevant immunization registry development or funds, and consistent with the experience of the principal investigator operations that a workable effective objectives of this research project; and if and qualifications of the applying solution is likely to mean. (10 Points) a 2-year project period is requested, the institution, organization, or agency for extent to which the estimated needs for carrying out health economics, health B. Objectives of the Research a second budget period are services, or information systems The extent to which the objectives of appropriately reflected. (Not scored) the chosen research question and are research. Funding Priorities numerically measurable, specific, E. Immunization Registry To Be Used realistic, and time-phased, and that To the extent that there are a for the Research (Not to Exceed 2 Pages) project time lines are reasonable; if a sufficient number of high-ranking second year is necessary to answer the applications, NIP/CDC plans to make Trace the history of the registry, chosen research question, the extent to awards that will address each of the four describe the hardware, software, which those objectives and time lines research questions. capacity, and access mechanisms for the meet these same criteria. (15 Points) registry, describe the owner(s) of the Technical Reporting Requirements registry, and describe the principal C. Design of the Research Semi-annual progress reports in a investigator’s ability to alter or The extent to which the proposed CDC-approved format are required of all manipulate it for the purposes of methodology of the research is cooperative agreement recipients. Time carrying out this research project. scientifically sound, realistic, appears lines for the semi-annual reports will be Describe the commitment of the registry likely to answer the chosen research established at the time of award, but are owner(s) (if other than the applicant), question, and will produce typically due 30 days after the end of which will be a public health agency in generalizable findings; and, if the month which ends the semi-annual most cases, for collaboration on this appropriate, the degree to which the period. The narrative progress reports project. If applicable, attach applicant has met the CDC policy must include the following for each goal documentation (e.g., a letter of support, requirements regarding the inclusion of or activity involved in the study: (1) A a preliminary memorandum-of- women, ethnic, and racial groups in the comparison of actual accomplishments agreement, a contractual proposal) from proposed research as specified in the to the objectives established for the the registry owner(s) providing Application Contents section. (35 period; (2) the reasons for slippage if collaboration details, including the Points) established goals were not met; and (3) terms of access to the registry, and any other pertinent information essential to D. Background and Experience of the evaluating progress; and (4) data specified limits to collaboration for the Principal Investigator and of the purposes of this project. pertaining to various project activities. Applying Institution, Organization, or The annual financial status report and F. Budget and Budget Justification (Not Agency performance reports are required no to Exceed 4 Pages) The extent to which the educational later than 90 days after the end of the and professional background of the budget period. Submit the original and Provide a detailed budget with principal investigator, and relevant two copies of the reports to the Grants justification describing resources experience and expertise of the Management Branch, CDC. needed to address all aspect of the principal investigator and qualifications Executive Order 12372 Review proposed research plan. The budget of the applying institution, organization, should be consistent with the intended or agency, give confidence that the Applications are subject to use of these cooperative agreement chosen research question will be Intergovernmental Review of Federal funds and with the objectives of this answered. (20 Points) Programs as governed by Executive project. If the project is anticipated to Order (E.O.) 12372. E.O. 12372 sets up extend beyond a 1-year project period, E. Immunization Registry To Be Used a system for State and local government include an estimated itemization and for the Research review of proposed Federal assistance level of budgetary needs for the second The extent to which (1) The registry applications. Applicants should contact budget period. used in carrying out this research their State Single Point of Contact Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28715

(SPOC) as early as possible to alert them Department of Health and Human B. Application to the prospective applications and Services Regulations, 45 CFR part 46, The application should be carefully receive any necessary instructions on regarding the protection of human completed, following the directions the State process. For proposed projects subjects. Assurance must be provided to provided in this program serving more than one State, the demonstrate that the project will be announcement. The original and two applicant is advised to contact the SPOC subject to initial and continuing review copies of the application PHS Form for each affected State. The application by an appropriate institutional review 5161–1 (OMB Number 0937–0189) must kit includes a current list of SPOCs. If committee. The applicant will be be submitted to Lisa G. Tamaroff, Grants the SPOCs have any State process responsible for providing assurance in Management Specialist, Grants recommendations on applications accordance with the appropriate Management Branch, Procurement and submitted to CDC, they should send guidelines and forms provided in the Grants Office, Centers for Disease them to Lisa G. Tamaroff, Grants application kit. Control and Prevention (CDC), 255 East Management Specialist, Grants Women and Minority Inclusion Policy Paces Ferry Road, NE., Room 300, Management Branch, Procurement and Mailstop E–13, Atlanta, Georgia 30305, Grants Office, Centers for Disease It is the policy of CDC to ensure that on or before July 29, 1997. Control and Prevention (CDC), 255 East women and racial and ethnic groups 1. Deadline Paces Ferry Road, NE., Atlanta, Georgia will be included in CDC-supported 30305, no later than 60 days after the research projects involving human Applications will be considered as application due date. Please include the subjects, whenever feasible and meeting the deadline if they are either: Program Announcement Number and appropriate. a. Received on or before the deadline Program Title on the letter. date; or Racial and ethnic groups are defined b. Sent on or before the deadline date Public Health System Reporting in OMB Directive No. 15 and include and received in time for submission to Requirement American Indian, Alaskan Native, the review process. Applicants must Asian, Pacific Islander, Black, and This program is subject to the Public request a legibly dated U.S. Postal Hispanic. Applicants shall ensure that Health System Reporting Requirements. Service postmark or obtain a legibly women, racial and ethnic minority Under these requirements, all dated receipt from a commercial carrier populations are appropriately community-based non-governmental or U.S. Postal Service. Private metered represented in applications for research applicants must prepare and submit the postmarks shall not be acceptable as involving human subjects. Where a clear items identified below to the head of the proof of timely mailing. and compelling rationale exists that appropriate State and/or local health inclusion is inappropriate or not 2. Late Applications agency(s) in the program area(s) that feasible, this situation must be may be impacted by the proposed Applications that do not meet the explained as part of the application. project by the receipt date of the Federal criteria in 1.a. or 1.b. above are application. The applicant determines In conducting the review of considered late applications. Late the appropriate State and/or local health applications for scientific merit, review applications will not be considered and agency. The following information must groups will evaluate proposed plans for will be returned to the applicant. inclusion of minorities and both sexes be provided: Where To Obtain Additional as part of scientific assessment and A. A copy of the face page of the Information application (SF 424). assigned score. This policy does not To receive additional written B. A summary of the project that apply to research studies when the information call (404) 332–4561. You should be titled ‘‘Public Health System investigator cannot control the race, will be asked to leave your name, Impact Statement’’ (PHSIS), not to ethnicity, and/or sex of subjects. Further address, and telephone number and will exceed one page, and include the guidance to this policy is contained in need to refer to Announcement 794. following: the Federal Register, Vol. 60, No. 179, You will receive a complete program 1. A description of the population to Friday, September 15, 1995, pages description, information on application be served; 47947–47951. procedures and application forms. 2. A summary of the services to be Application Submission and Deadline If you have questions after reviewing provided; and A. Preapplication Letter of Intent the contents of all documents, business 3. A description of the coordination management technical assistance may plans with the appropriate State and/or Although not a prerequisite of be obtained from Lisa Tamaroff, Grants local health agencies. application, a non-binding letter of Management Specialist, Grants If the State and/or local health official intent-to-apply is requested from Management Branch, Procurement and should desire a copy of the entire potential applicants. The letter should Grants Office, Centers for Disease application, it may be obtained from the be submitted to the Grants Management Control and Prevention (CDC), 255 East State Single Point of Contact (SPOC) or Specialist (whose address is reflected in Paces Ferry Road, NE., Room 300, directly from the applicant. section B., ‘‘Applications’’). It should be Mailstop E–13, Atlanta, Georgia 30305, Catalog of Federal Domestic Assistance postmarked no later than one month telephone (404) 842–6796; Internet Number prior to the planned submission address: [email protected] deadline (e.g., June 29 for a July 29, Programmatic technical assistance The Catalog of Federal Domestic 1997 submission). The letter should may be obtained from Robert Linkins, Assistance number is 93.268. identify the announcement number, and Data Management Division, National Other Requirements the name of the applicant institution. Immunization Program, Centers for The letter of intent does not influence Disease Control and Prevention (CDC), Human Subjects review or funding decisions, but it will Building 12, Corporate Square If the proposed project involves enable CDC to plan the review more Boulevard, Mailstop E–62, Atlanta, research on human subjects, the efficiently and thereby potentially Georgia 30333, telephone (404) 639– applicant must comply with the benefit all applicants. 8728; Internet address: [email protected] 28716 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

Please refer to Announcement the Determination of the Associate Director CONTACT PERSON FOR MORE INFORMATION: Number 794 when requesting for Management and Operations, CDC, Jill Leslie, Division of HIV/AIDS information and submitting an pursuant to Public Law 92–463. Prevention, NCHSTP, CDC, M/S E40, Contact Person For More Information: application. James S. Belloni, Associate Director, State 1600 Clifton Road, NE, Atlanta, Georgia This and other CDC announcements and Community Activities, National Center 30303, telephone 404/639–2918. are also available through the CDC for Injury Prevention and Control, CDC, M/ Dated: May 19, 1997. homepage on the Internet. The address S K02, 4770 Buford Highway, NE, Atlanta, John C. Burckhardt, for the CDC homepage is http:// Georgia 30341–3724, telephone 770/488– www.cdc.gov. 4538. Acting Director, Management Analysis and CDC will not send application kits by Services Office, Centers for Disease Control Dated: May 14, 1997. and Prevention (CDC). facsimile or express mail. Carolyn J. Russell, [FR Doc. 97–13746 Filed 5–23–97; 8:45 am] Potential applicants may obtain a Director, Management Analysis and Services BILLING CODE 4163±18±P copy of Healthy People 2000 (Full Office, Centers for Disease Control and Report, Stock No. 017–001–00474–0) or Prevention (CDC). Healthy People 2000 (Summary Report, [FR Doc. 97–13747 Filed 5–23–97; 8:45 am] DEPARTMENT OF HEALTH AND Stock No. 017–001–00473–1) referenced BILLING CODE 4163±18±P HUMAN SERVICES in the Introduction through the Superintendent of Documents, Food and Drug Administration Government Printing Office, DEPARTMENT OF HEALTH AND Washington, DC 20402–9325, telephone: HUMAN SERVICES [Docket No. 97M±0203] 202–512–1800. Centers for Disease Control and Dated: May 20, 1997. Bard Vascular Systems Division, C. R. Prevention Bard, Inc.; Premarket Approval of Joseph R. Carter, Bard Albumin Coated DeBakey Acting Associate Director for Management The National Center for HIV, STD, and Vasculour-II Vascular Prosthesis and Operations Centers for Disease Control TB Prevention (NCHSTP) of the and Prevention (CDC). Centers for Disease Control and AGENCY: Food and Drug Administration, [FR Doc. 97–13744 Filed 5–23–97; 8:45 am] Prevention (CDC); Announces the HHS. BILLING CODE 4163±18±P Following Meeting ACTION: Notice. Name: Consultation on Guidelines for SUMMARY: The Food and Drug DEPARTMENT OF HEALTH AND HIV Partner Notification Conducted in Administration (FDA) is announcing its HUMAN SERVICES Disease Control Efforts by Public Health Programs in the United States. approval of the application by C. R. Centers for Disease Control and Times and Dates: 8:30 a.m.–5 p.m., Bard, Inc., Billerica, MA, for premarket approval, under the Federal Food, Drug, Prevention June 17, 1997, 8:30 a.m.–12 p.m., June  18, 1997. and Cosmetic Act (the act), of Bard  Disease, Disability, and Injury Place: Wyndham Gardens Hotel, 125 Albumin Coated DeBakey  Prevention and Control Special 10th Street, NE (Midtown), Atlanta, Vasculour -II Vascular Prosthesis. Emphasis Panel (SEP): Cooperative Georgia, 30309, telephone 404/873– FDA’s Center for Devices and Agreement for Research Projects for 4800, fax 404/870–1530. Radiological Health (CDRH) notified the Persons With Disabilities and Status: Open to the public for applicant, by letter on October 21, 1994, Prevention of Secondary Conditions, participation, comment, and of the approval of the application. Program Announcement 731, Part 2: observation, limited only by the space DATES: Petitions for administrative Meeting available. The meeting room review by June 26, 1997. accommodates approximately 25 ADDRESSES: Written requests for copies In accordance with section 10(a)(2) of people. the Federal Advisory Committee Act of the summary of safety and Purpose: To invite comment from effectiveness data and petitions for (Pub. L. 92–463), the Centers for Disease representatives of public health agencies Control and Prevention (CDC) administrative review, to the Dockets and the public on revising the existing Management Branch (HFA–305), Food announces the following committee HIV partner notification guidelines. meeting. and Drug Administration, 12420 Currently CDC requires all health Parklawn Dr., rm. 1–23, Rockville, MD Name: Disease, Disability, and Injury department recipients of HIV prevention 20857. Prevention and Control SEP: Cooperative funding to ‘‘establish standards and Agreement for Research Projects for Persons implement procedures for partner FOR FURTHER INFORMATION CONTACT: with Disabilities and Prevention of notification consistent with State/local Dorothy B. Abel, Center for Devices and Secondary Conditions, Program Radiological Health (HFZ–450), Food Announcement 731, Part 2. needs, priorities, and resource availability.’’ and Drug Administration, 9200 Time and Date: 8:30 a.m.–2:00 p.m., June Corporate Blvd., Rockville, MD 20850, 13, 1997 Matters to be Discussed: Agenda items Place: Koger Office Park, Vanderbilt will focus on discussion of HIV partner 301–443–8262. Building, Room 1004–A, 2939 Flowers Road, notification guidelines that will SUPPLEMENTARY INFORMATION: On South, Atlanta, Georgia 30341. accompany the announcement for FY 98 January 14, 1993, C. R. Bard, Inc., Status: Closed. HIV Prevention Cooperative Billerica, MA 01821, submitted to CDRH Matters to be Discussed: The meeting will Agreements. Discussion will also an application for premarket approval of include the review, discussion, and include directions of supplemental HIV Bard Albumin Coated DeBakey evaluation of applications received in Vasculour-II Vascular Prosthesis. The response to Program Announcement 731, partner notification guidelines for the Part 2. purpose of disease control in the United device is a vascular graft prosthesis and The meeting will be closed to the public States concerning HIV and STD. is indicated for replacement or bypass in accordance with provisions set forth in Agenda items are subject to change as procedures in aneurysmal and occlusive section 552b(c) (4) and (6), Title 5 U.S.C., and priorities dictate. diseases of the abdominal arteries. Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28717

In accordance with the provisions of document. Received petitions may be Masur Auditorium, 9000 Rockville Pike, section 515(c)(2) of the act (21 U.S.C. seen in the office above between 9 a.m. Bethesda, MD. Parking in the Clinical 360e(c)(2)) as amended by the Safe and 4 p.m., Monday through Friday. Center visitor area is reserved for Medical Devices Act of 1990, this This notice is issued under the Clinical Center patients and their premarket approval application (PMA) Federal Food, Drug, and Cosmetic Act visitors. If you must drive, please use an was not referred to the Circulatory (secs. 515(d), 520(h) (21 U.S.C. 360e(d), outlying lot such as Lot 41B. Free System Devices Panel of the Medical 360j(h))) and under authority delegated shuttle bus service is provided from Lot Devices Advisory Committee, an FDA to the Commissioner of Food and Drugs 41B to the Clinical Center every 8 advisory committee, for review and (21 CFR 5.10) and redelegated to the minutes during rush hour and every 15 recommendation because the Director, Center for Devices and minutes at other times. information in the PMA substantially Radiological Health (21 CFR 5.53). Type of meeting and contact person. duplicates information previously Dated: April 18, 1997. Open public hearing, June 26, 1997, 9 reviewed by this panel. Joseph A. Levitt, a.m. to 10 a.m., unless public On October 21, 1994, CDRH approved participation does not last that long; Deputy Director for Regulations Policy, Center the application by a letter to the for Devices and Radiological Health. open committee discussion, 10 a.m. to applicant from the Director of the Office 5:30 p.m.; closed committee [FR Doc. 97–13824 Filed 5–23–97; 8:45 am] of Device Evaluation, CDRH. deliberations, June 27, 1997, 9 a.m. to 12 A summary of the safety and BILLING CODE 4160±01±F m.; Joan C. Standaert, Center for Drug effectiveness data on which CDRH Evaluation and Research (HFD–110), based its approval is on file in the DEPARTMENT OF HEALTH AND 419–259–6211, or Danyiel D’Antonio Dockets Management Branch (address HUMAN SERVICES (HFD–21), 301–443–5455, Food and above) and is available from that office Drug Administration, 5600 Fishers upon written request. Requests should Food and Drug Administration Lane, Rockville, MD 20857, or FDA be identified with the name of the Advisory Committee Information device and the docket number found in Advisory Committee; Notice of Meeting Hotline, 1–800–741–8138 (301–443– brackets in the heading of this 0572 in the Washington, DC area), AGENCY: document. Food and Drug Administration, Cardiovascular and Renal Drugs HHS. Opportunity for Administrative Review Advisory Committee, code 12533. ACTION: Notice. Please call the hotline for information Section 515(d)(3) of the act authorizes SUMMARY: This notice announces a concerning any possible changes. any interested person to petition, under General function of the committee. section 515(g) of the act, for forthcoming meeting of a public advisory committee of the Food and The committee reviews and evaluates administrative review of CDRH’s data on the safety and effectiveness of decision to approve this application. A Drug Administration (FDA). This notice also summarizes the procedures for the marketed and investigational human petitioner may request either a formal drugs for use in cardiovascular and hearing under 21 CFR part 12 of FDA’s meeting and methods by which interested persons may participate in renal disorders. administrative practices and procedures Agenda—Open public hearing. open public hearings before FDA’s regulations or a review of the Interested persons may present data, advisory committees. application and CDRH’s action by an information, or views, orally or in independent advisory committee of FDA has established an Advisory writing, on issues pending before the experts. A petition is to be in the form Committee Information Hotline (the committee. Those desiring to make of a petition for reconsideration under hotline) using a voice-mail telephone formal presentations should notify the 21 CFR 10.33(b). A petitioner shall system. The hotline provides the public contact person before June 12, 1997, and identify the form of review requested with access to the most current submit a brief statement of the general (hearing or independent advisory information on FDA advisory committee nature of the evidence or arguments committee) and shall submit with the meetings. The advisory committee they wish to present, the names and petition supporting data and hotline, which will disseminate current addresses of proposed participants, and information showing that there is a information and information updates, an indication of the approximate time genuine and substantial issue of can be accessed by dialing 1–800–741– required to make their comments. material fact for resolution through 8138 or 301–443–0572. Each advisory Open committee discussion. On June administrative review. After reviewing committee is assigned a 5-digit number. 26, 1997, the committee will discuss the petition, FDA will decide whether to This 5-digit number will appear in each new drug application (NDA) 19–922, grant or deny the petition and will individual notice of meeting. The CorlopamTM (fenoldopam mesylate, publish a notice of its decision in the hotline will enable the public to obtain Neurex), for the short-term treatment of Federal Register. If FDA grants the information about a particular advisory hypertension when oral therapy is not petition, the notice will state the issue committee by using the committee’s 5- feasible or possible and for use in to be reviewed, the form of the review digit number. Information in the hotline hypertensive crisis; NDA 20–164, to be used, the persons who may is preliminary and may change before a Lovenox Injection (enoxaparin participate in the review, the time and meeting is actually held. The hotline sodium, Rhone-Poulenc Rorer), to be place where the review will occur, and will be updated when such changes are indicated for the treatment of unstable other details. made. angina and non-Q-wave myocardial Petitioners may, at any time on or MEETING: The following advisory infarction, concurrently administered before June 26, 1997, file with the committee meeting is announced: with aspirin. Dockets Management Branch (address Cardiovascular and Renal Drugs Closed committee deliberations. On above) two copies of each petition and Advisory Committee June 27, 1997, the committee will supporting data and information, review trade secret and/or confidential identified with the name of the device Date, time, and place. June 26 and 27, commercial information relevant to and the docket number found in 1997, 9 a.m., National Institutes of pending investigational new drug brackets in the heading of this Health, Clinical Center, Bldg. 10, Jack applications and/or NDA’s. This portion 28718 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices of the meeting will be closed to permit from the Freedom of Information Office Examples of portions of FDA advisory discussion of this information (5 U.S.C. (HFI–35), Food and Drug committee meetings that ordinarily shall 552b(c)(4)). Administration, 5600 Fishers Lane, rm. not be closed include the review, Each public advisory committee 12A–16, Rockville, MD 20857, discussion, and evaluation of general meeting listed above may have as many approximately 15 working days after the preclinical and clinical test protocols as four separable portions: (1) An open meeting, at a cost of 10 cents per page. and procedures for a class of drugs or public hearing, (2) an open committee The transcript may be viewed at the devices; consideration of labeling discussion, (3) a closed presentation of Dockets Management Branch (HFA– requirements for a class of marketed data, and (4) a closed committee 305), Food and Drug Administration, drugs or devices; review of data and deliberation. Every advisory committee 12420 Parklawn Dr., rm. 1–23, information on specific investigational meeting shall have an open public Rockville, MD 20857, approximately 15 or marketed drugs and devices that have hearing portion. Whether or not it also working days after the meeting, between previously been made public; includes any of the other three portions the hours of 9 a.m. and 4 p.m., Monday presentation of any other data or will depend upon the specific meeting through Friday. Summary minutes of information that is not exempt from involved. The dates and times reserved the open portion of the meeting may be public disclosure pursuant to the FACA, for the separate portions of each requested in writing from the Freedom as amended; and, deliberation to committee meeting are listed above. of Information Office (address above) formulate advice and recommendations The open public hearing portion of beginning approximately 90 days after to the agency on matters that do not the meeting(s) shall be at least 1 hour the meeting. independently justify closing. long unless public participation does The Commissioner has determined for This notice is issued under section not last that long. It is emphasized, the reasons stated that those portions of 10(a)(1) and (a)(2) of the Federal however, that the 1 hour time limit for the advisory committee meetings so Advisory Committee Act (5 U.S.C. app. an open public hearing represents a designated in this notice shall be closed. 2), and FDA’s regulations (21 CFR part minimum rather than a maximum time The Federal Advisory Committee Act 14) on advisory committees. for public participation, and an open (FACA) (5 U.S.C. app. 2, 10(d)), permits public hearing may last for whatever Dated: May 19, 1997. such closed advisory committee longer period the committee Michael A. Friedman, meetings in certain circumstances. chairperson determines will facilitate Deputy Commissioner for Operations. Those portions of a meeting designated the committee’s work. [FR Doc. 97–13821 Filed 5–23–97; 8:45 am] as closed, however, shall be closed for Public hearings are subject to FDA’s the shortest possible time, consistent BILLING CODE 4160±01±F guideline (subpart C of 21 CFR part 10) with the intent of the cited statutes. concerning the policy and procedures for electronic media coverage of FDA’s The FACA, as amended, provides that DEPARTMENT OF HEALTH AND public administrative proceedings, a portion of a meeting may be closed HUMAN SERVICES including hearings before public where the matter for discussion involves advisory committees under 21 CFR part a trade secret; commercial or financial Food and Drug Administration information that is privileged or 14. Under 21 CFR 10.205, [Docket No. 93S±0220] representatives of the electronic media confidential; information of a personal nature, disclosure of which would be a may be permitted, subject to certain Discontinuation of an Electronic clearly unwarranted invasion of limitations, to videotape, film, or Docket for Medical Device/Radiological personal privacy; investigatory files otherwise record FDA’s public Health Policy Statements and compiled for law enforcement purposes; administrative proceedings, including Operating Procedures Guide; information the premature disclosure of presentations by participants. Establishment of World Wide Web Site Meetings of advisory committees shall which would be likely to significantly be conducted, insofar as is practical, in frustrate implementation of a proposed AGENCY: Food and Drug Administration, accordance with the agenda published agency action; and information in HHS. in this Federal Register notice. Changes certain other instances not generally ACTION: Notice. in the agenda will be announced at the relevant to FDA matters. beginning of the open portion of a Examples of portions of FDA advisory SUMMARY: The Food and Drug meeting. committee meetings that ordinarily may Administration (FDA) is announcing Any interested person who wishes to be closed, where necessary and in that it is discontinuing an electronic be assured of the right to make an oral accordance with FACA criteria, include docket for policy speeches, policy presentation at the open public hearing the review, discussion, and evaluation statements, and standard operating portion of a meeting shall inform the of drafts of regulations or guidelines or procedure guides pertaining to product contact person listed above, either orally similar preexisting internal agency evaluation and regulatory enforcement or in writing, prior to the meeting. Any documents, but only if their premature for its medical device and radiological person attending the hearing who does disclosure is likely to significantly health programs. In its place, the agency not in advance of the meeting request an frustrate implementation of proposed has established a World Wide Web opportunity to speak will be allowed to agency action; review of trade secrets (WWW) site. The electronic docket, a make an oral presentation at the and confidential commercial or computer bulletin board service which hearing’s conclusion, if time permits, at financial information submitted to the has been operating since 1993, served the chairperson’s discretion. agency; consideration of matters both as a repository for critical policy The agenda, the questions to be involving investigatory files compiled documents generated by the Center for addressed by the committee, and a for law enforcement purposes; and Devices and Radiological Health (CDRH) current list of committee members will review of matters, such as personnel and as a public display mechanism for be available at the meeting location on records or individual patient records, access by representatives of the industry the day of the meeting. where disclosure would constitute a and other interested persons. That Transcripts of the open portion of the clearly unwarranted invasion of service ended October 1, 1996, and its meeting may be requested in writing personal privacy. contents transferred to a CDRH web site Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28719 on the WWW. FDA believes that the of time, this electronic docket. The University of Maryland have been transfer will allow CDRH to expand agency also decided to stop maintaining developing a reliable and easy to use both the amount of information a public ‘‘hard copy’’ docket. During its detection system for identifying various available and the number of users that trial period, the success of the electronic infectious agents. The detection system can access the information. docket as an information dissemination can identify, with high specificity, ADDRESSES: Submit written comments source was clearly demonstrated by the infectious agents by type and subtype on the electronic docket to the Dockets high volume of electronic accessions (e.g. HIV, HCV and HIV–1 type A, HIV– Management Branch (HFA–305), Food and transfers. However, demand soon 2 type B respectively. This technology is and Drug Administration, 12420 outstripped the ability of the computer based upon enzyme recognition and Parklawn Dr., rm. 1–23, Rockville, MD bulletin board service, which restricts site-directed cleavage of a DNA oligo 20857. the numbers of users that can probe, whose sequence allows for FOR FURTHER INFORMATION CONTACT: John simultaneously access the system. In hybridization with an RNA or DNA F. Stigi, Center for Devices and order to increase the level of service to target strand. Further development is Radiological Health (HFZ–220), Food the public, the computer bulletin board needed to improve sensitivity for and Drug Administration, 1350 Piccard service has been supplanted by the diagnostic use via signal amplification Dr., Rockville, MD 20850, 301–443– WWW. The technology offered by the methodologies. WWW has enabled CDRH to 6597 ext. 124, E-Mail: ADDRESSES: logarithmically expand both the amount For more information, [email protected]. please contact John Gill (Tel# 301–496– SUPPLEMENTARY INFORMATION: In the of information available and the number # of users that can access the information. 0477, Fax 301–402–2117), Office of Federal Register of July 27, 1993 (58 FR Technology Development, National 40150), FDA announced, among other The CDRH web site Home Page is located at TTP://WWW.FDA.GOV/ Cancer Institute, 6120 Executive Plaza things, the establishment of a public South, Ste. 450; Bethesda, MD 20892– docket for policy speeches, policy CDRH and is linked to FDA’s Home Page. Through FDA’s Home Page, the 7182. For hand carry or overnight statements, and standard operating delivery please substitute ‘‘Rockville, procedure guides pertaining to product web site Home Pages of many other FDA components, such as Import Operations MD 20852’’ for ‘‘Bethesda, MD 20892– evaluation and regulatory enforcement 7182’’ in the above address. for its medical device and radiological and Field Activities, can also be health programs. This docket was accessed. DATES: In view of the important priority intended to operate on a 1-year trial Interested persons may submit to the of developing the diagnostic systems, basis and serve as a repository for Dockets Management Branch (address interested parties should notify this critical policy documents generated by above) written comments on the office in writing no later than July 28, the Center for Devices and Radiological discontinuation of the electronic docket. 1997. Health (CDRH) and as a public display Two copies of any comments are to be submitted, except that individuals may SUPPLEMENTARY INFORMATION: A mechanism for access by representatives Cooperative Research and Development of the industry and other interested submit one copy. Comments are to be identified with the docket number Agreement of ‘‘CRADA’’ means the persons. The public docket contained anticipated joint agreement to be ‘‘hard copies’’ of documents and was found in brackets in the heading of this document. Received comments may be entered into by NIHCC pursuant to the maintained through FDA’s Dockets Federal Technology Transfer Act Management Branch. This action was seen in the office above between 9 a.m. and 4 p.m., Monday through Friday. (‘‘FTTA’’) of 1986 and amendments intended to serve as an overall (including 104 P.L. 113) to collaborate communications initiative to endure Dated: May 19, 1997. on the specific research project uniform and timely access to important William K. Hubbard, described below. As provided by the information. The trial period for this Associate Commissioner for Policy FTTA, the selected CRADA partner is public began July 27, 1993, and was Coordination. granted an option to elect an exclusive intended to end July 27, 1994. [FR Doc. 97–13819 Filed 5–23–97; 8:45 am] or non-exclusive license to a field of use To further increase industry access to BILLING CODE 4160±01±F for subject invention(s) arising under major CDRH documents in a real time and within the scope the CRADA and dynamic fashion, a nationwide research plan. electronic docket was established DEPARTMENT OF HEALTH AND concurrently with the public (‘‘hard HUMAN SERVICES NIHCC Will— copy’’) docket and contained the same National Institutes of Health Provide assay information, protocol(s) information as the public docket. The and/or method(s) for the detection and electronic docket allowed medical Opportunity for a Cooperative subtyping of various infectious agents; device companies, clinical researchers, Research and Development Agreement Provide intellectual guidance and manufacturers of radiation-emitting (CRADA) Partner To Develop a products, and others to electronically assistance for improving assay Diagnostic System for Identifying sensitivity by signal amplification; access the same documents available in Infectious Agents the public docket. The documents could Provide facilities and biological be read directly on the requestor’s SUMMARY: The Department of Health and materials for evaluation and validation computer screen, printed at the Human Services (DHHS), National of the assay; requestor’s terminal, downloaded to the Institute of Health Clinical Center Provide information on nuclei acid requestor’s personal computer, or be (NIHCC) is seeking a Cooperative sequence and expression of the enzyme; requested by mail. The system was Research and Development Agreement menu-driven and included automated (CRADA) partner to further develop a Provide assistance with subcloning, searching capabilities. collaboration with NIHCC, a diagnostic over-expression and purification of the In the Federal Register of February 7, system for identifying infectious agents. enzyme; 1995 (60 FR 7204), FDA issued a notice Investigators at the National Institute Provide personnel to support and that extended, for an indefinite period of Health, Clinical Center (NIHCC) and facilitate completion of the studies. 28720 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

Collaborator Will— for the further development, evaluation Contraceptive Development Branch Identify, through appropriate means, and commercialization of testosterone (CDB) of the National Institute for Child gene(s) encoding a thermostable bucyclate and pharmaceutical Health and Human Development at its enzyme; compositions thereof. The invention Biological Testing Facility. Chemically, claimed in the issued U.S. patent testosterone bucyclate is Testosterone Perform subcloning and over- β expression of gene(e) encoding a referenced below is available for either 17 -(trans-4n-butyl) cyclohexyl thermostable enzyme; exclusive or non-exclusive licensing. carboxylate. This ester of the natural Purify to homogeneity adequate Licensing by NIH is subject to 35 U.S.C. hormone, testosterone, exhibits quantities of thermostable enzyme(s) to 207 and 37 CFR part 404. prolonged activity when administered intramuscularly as an aqueous complete the studies; Long-Acting Androgenic Compounds crystalline suspension in all species Conduct assays to measure enzyme and Pharmaceutical Compositions studied, including man. The drug was activity at various temperatures and Thereof substrate concentrations; evaluated, including pharmacokinetics Inventors: Sydney Archer, Gabriel Develop a method for improving assay and metabolic studies in both rodents Bialy, Richard P. Blye, Pierre Crabbe, sensitivity by signal amplification using and primates, by CDB. WHO supported Egon R. Diczfalusy, Carl Djerassi, Josef a thermostable enzyme having certain studies in primates as well as the first Fried and Hyun K. Kim. selected for characteristics. clinical studies in hypogonadal and Assignees: National Institutes of normal men. The patent is jointly held Selection Criteria Health and the World Health by NIH and WHO. NIH and WHO intend Organization. Demonstrated ability in protein to continue joint development of Issued: August 14, 1990. engineering and molecular biology. testosterone bucyclate. Patent Number: 4,948,790. Although each patentee may proceed Particular expertise in cloning, over- To expedite the research, with granting a non-exclusive license expression and purification of a thermal development and commercialization of independently, joint licensing is stable enzyme; testosterone bucyclate, the National envisaged. Licensing will include use of Scientific expertise and demonstrated Institutes of Health and the World testosterone bucyclate as a hormonal commitment to the development of Health Organization are seeking one or diagnostic systems; more CRADA and/or license agreements method of male contraception, use for Experience in preclinical and clinical with pharmaceutical or biotechnology androgen replacement in other methods diagnostic development; companies in accordance with the of male contraception, which usually Experience and ability to produce, regulations governing the transfer of compromise the endocrine as well as package, market and distribute Government-developed agents and the gametogenic function of the testis pharmaceutical products; WHO’s public sector objectives, as and use as a therapeutic androgen for Willingness to cooperate with NIHCC outlined below. Any proposal to use or patients with androgen deficiency in the collection, evaluation, develop these drugs will be considered. syndromes. A ‘‘Notice of Claimed publication and maintenance of data Investigational Exemption For A New SUPPLEMENTARY INFORMATION: from pre-clinical studies and clinical Drug’’ (IND) was filed with the FDA in Androgens are principally employed in trials regarding the diagnostic system. October, 1996. therapeutic medicine for replacement or The National Institute of Child Health Dated: May 15, 1997. supplementation in androgen deficiency and Human Development and the World Thomas D. Mays, states but also find use in Health Organization seeks partners for hypopituitarism, menstrual disorders, Director, Office of Technology Development, the further development and National Cancer Institute, National Institutes anemia, promotion of anabolism, commercialization of testosterone of Health. suppression of lactation and as a bucyclate. [FR Doc. 97–13831 Filed 5–23–97; 8:45 am] palliative measure in recurrent and The role of the National Institute of BILLING CODE 4410±01±M metastatic carcinoma of the breast. Child Health and Human Development NIH’s and WHO’s interest is to develop and the World Health Organization is testosterone bucyclate for use in a expected to be as follows: DEPARTMENT OF HEALTH AND hormonal method of male contraception 1. Provide the commercial partner HUMAN SERVICES and for androgen replacement in other with all biological data on testosterone methods of male contraception which National Institutes of Health bucyclate covered by the agreement. usually compromise the endocrine as 2. Provide samples of the drug and, well as the gametogenic function of the Opportunity for a Cooperative upon successful completion of ongoing testis. Long-term androgen therapy is Research and Development Agreement formulation studies, clinical dosage complicated by the side effectes and/or (CRADA) and Licensing Opportunity forms. poor bioavailability of oral preparations for Testosterone Bucyclate 3. Provide, upon successful and the need for frequent injections of completion of ongoing studies, chemical AGENCY: National Institute of Child parenteral products. Two of the most data on testosterone bucyclate, Health and Human Development, commonly used injectable androgens, including routes of synthesis, analytical National Institutes of Health, Public testosterone enanthate and testosterone methods employed, purity, stability and Health Service, DHHS; and UNDP/ cypionate, must be administered about formulation. UNFPA/WHO/World Bank Special every two weeks. There is thus a crucial 4. Provide reports of all safety studies Programme of Research, Development need for longer-acting injectable of the drug. and Research Training in Human androgens. 5. Continue studies on the Reproduction (WHO/HRP). Testosterone bucyclate emanated, in pharmacokinetics and biological activity ACTION: Notice. 1980, from a joint NIH-WHO-sponsored of testosterone bucyclate and steroid synthesis program in which the formulations thereof. SUMMARY: The National Institutes of preparation of selected steroid esters 6. Conduct appropriate studies to Health and the World Health was contracted by WHO and the optimize formulations of testosterone Organization are seeking (a) partner(s) resulting compounds screened by the bucyclate. Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28721

7. Participate in meetings with the DATES: In view of the high priority for 404.7(a)(1)(i) that the National Institutes Food and Drug Administration for developing and commercializing of Health (NIH), Department of Health establishment of the protocols for Phase testosterone bucyclate, all proposals and Human Services, is contemplating I, II and III clinical investigations and must be received no later than June 26, the grant of a limited field of use provide liaison with the FDA. 1997 for priority consideration. exclusive world-wide license to practice The role of the commercial partner is ADDRESSES: CRADA proposals and the invention embodied in U.S. Patent expected to be as follows: questions should be addressed to Dr. Application Serial Nos. 08/119,677 1. Obtain a commercialization license Diana Blithe, Contraceptive (field 09/10/93), 08/487,826 (field 06/ from the NIH and the WHO. Development Branch, Center for 07/95), and 08/568,459 (filed 12/07/95), 2. Assume responsibility for Population Research, National Institutes entitled ‘‘Binding Domains from regulatory affairs including amending of Child Health and Human Plasmodium Vivax and Plasmodium the IND as necessary. Development, Room 8B 13, 6100 Falciparum Erythrocyte Binding 3. Assume responsibility for Executive Boulevard, Rockville, Proteins,’’ and related foreign patent preparation and formulation of the drug Maryland 20892 (Telephone: 301/496– applications, to EntreMed, Inc. of for all pre-Phase III safety studies and 1661); with a copy to Director, UNDP/ Rockville, MD. The patent rights in clinical trials. UNFPA/WHO/World Bank Special these inventions have been assigned to 4. Undertake such additional safety Programme of Research, Development the United States of America. studies as may be required for Phase III and Research Training in Human The prospective exclusive license will clinical trials and for NDA submission. Reproduction, World Health be royalty-bearing and will comply with 5. Undertake an orderly sequence of Organization, 20, Avenue Appia, CH– the terms and conditions of 35 U.S.C. clinical investigations of testosterone 1211 Geneva 27, Switzerland. 209 and 37 CFR 404.7. It is anticipated bucyclate as a hormonal methods of Responders interested in submitting a that this license may be limited to male contraception and for androgen CRADA proposal should simultaneously vaccine for Malaria. replacement in other methods of male submit a license application concerning This prospective exclusive license contraception. the above-mentioned patent rights to may be granted unless within 60 days 6. Assume responsibility for NIH and WHO for commercialization of from the date of this published notice, preparation and filing of the NDA. NIH receives written evidence and 7. Assume responsibility for products arising from the CRADA. Requests for copies of the U.S. patent, argument that establishes that the grant commercial manufacture and license application forms, or questions of the license would not be consistent distribution of the final products. about the licensing opportunity should with the requirements of 35 U.S.C. 209 8. Ensure availability of the final be addressed to Ms. Carol Lavrich, and 37 CFR 404.7. products to the public sector of Technology Licensing Specialist, Office SUPPLEMENTARY INFORMATION: developing countries in sufficient The patent of Technology Transfer, National quantities, at a preferential price, in applications identify function domains Institutes of Health, 6011 Executive accordance with WHO’s public sector of Plasmodium proteins which can be Boulevard, Suite 325, Rockville, objectives. used for the prevention or treatment of Selection criteria for choosing Maryland 20852–3804 (Telephone: 301/ malaria. The parasite invades commercial partners will furthermore 496–7735 ext. 287), with a copy to erythrocytes by attaching to surface include, but will not be limited to the Office of the Legal Counsel, World receptors. The erthyrocyte binding following: Health Organization, 20 Avenue Appia, domains of the sialic acid binding 1. The proposal must contain a clear CH–1211 Geneva 27, Switzerland protectin (SABP) of P. falciparum and statement of capabilities and experience (Telephone: 00–41–22 7912685). the Duffy antigen binding protein with respect to the tasks to be Completed license applications should (DABP) can be used in vaccines to undertaken. This would include be submitted to the same addresses. induce immune responses which block experience in drug development, Pertinent information not yet publicly erythrocyte binding and invasion by P. regulatory affairs and marketing. described can be obtained under a falciparum and P. vivax meroszoites. 2. The proposal must contain a clear Confidential Disclosure Agreement with USSN 089/487,826 further includes and concise outline of the work to be the appropriate agency. genes and nucleotide sequences and undertaken, a schedule of significant Dated: May 16, 1997. predicted polypeptide sequences of the events, an outline of objectives to be Barbara M. McGarey, P. falciparum DBL (Duffy-binding like) accomplished with individual and Deputy Director, Office of Technology gene family which codes for overall times frames, and details of Transfer. antigenically variant binding domains. experimental procedures and [FR Doc. 97–13832 Filed 5–23–97; 8:45 am] ADDRESSES: Requests for a copy of the techniques to be employed. BILLING CODE 4140±01±M patent applications, inquiries, 3. The proposal must contain the level comments and other materials relating of financial support which will be to the contemplated license should be supplied for the development of DEPARTMENT OF HEALTH AND directed to: Gloria H. Richmond, Patent testosterone bucyclate. HUMAN SERVICES Advisor, Office of Technology Transfer, 4. Agreement to be bound by DHHS National Institutes of Health, 6011 and WHO rules and regulations National Institutes of Health Executive Boulevard, Suite 325, regarding patent rights, the ethical Rockville, MD 20852–3804; Telephone: treatment of animals, the involvement of Prospective Grant of Exclusive 301/496–7057; Facsimile: 301/402– human subjects in clinical License: Vaccine for Malaria 0200; E-mail: Gloria investigations and the conduct of AGENCY: National Institutes of Health, [email protected]. A signed randomized clinical trials. Public Health Service, DHHS. Confidential Disclosure Agreement will 5. Agreement with provisions for ACTION: Notice. be required to receive a copy of the equitable distribution of patent rights to patent applications. any inventions developed under the SUMMARY: This is notice in accordance Applications for a non-exclusive or CRADA and license agreements. with 15 U.S.C. 209(c)(1) and 37 CFR exclusive license filed in response to 28722 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices this notice will be treated as objections the use of CC49 monoclonal antibodies and objections submitted to this notice to the grant of the contemplated license. only in conjunction with Bismuth–213 will not be made available for public Only written comments and/or as research reagents. inspection and, to the extent permitted applications for a license which are DATES: Only written comments and/or by law, will not be released under the received by NIH on or before July 28, applications for a license which are Freedom of Information Act, 5 U.S.C. 1997 will be considered. received by NIH on or before July 28, 552. Comments and objections submitted 1997 will be considered. Dated: May 19, 1997. in response to this notice will not be ADDRESSES: Requests for copies of the Barbara M. McGarey, made available for public inspection, patent applications, inquiries, and, to the extent permitted by law, will Deputy Director, Office of Technology comments and other materials relating Transfer. not be released under the Freedom of to the contemplated licenses should be Information Act, 5 U.S.C. 552. [FR Doc. 97–13833 Filed 5–23–97; 8:45 am] directed to: Joseph G. Contrera, M.S., BILLING CODE 4140±01±M Dated: May 15, 1997. J.D., Technology Licensing Specialist, Barbara M. McGarey, Office of Technology Transfer, National Deputy Director, Office of Technology Institutes of Health, 6011 Executive DEPARTMENT OF HEALTH AND Transfer. Boulevard, Suite 325, Rockville, HUMAN SERVICES [FR Doc. 97–13830 Filed 5–23–97; 8:45 am] Maryland 20852–3804; Telephone: (301) BILLING CODE 4140±01±M 496–7056 ext. 244; Facsimile: (301) National Institutes of Health 402–0220. A signed Confidentiality Agreement will be required to receive National Eye Institute; Notice of DEPARTMENT OF HEALTH AND copies of the patent applications. Meeting HUMAN SERVICES SUPPLEMENTARY INFORMATION: The Pursuant to Public Law 92–463, prospective exclusive license will be National Institutes of Health notice is hereby given of the meeting of royalty-bearing and will comply with the Vision Research Program Planning the terms and conditions of 35 U.S.C. Prospective Grant of Limited Exclusive Subcommittee of the National Advisory 209 and 37 CFR 404.7. The prospective License: Radioimmunotherapy Eye Council on June 11, 1997, Executive exclusive license may be granted unless Utilizing Bismuth 213 and Monoclonal Plaza South, 6120 Executive Boulevard, within sixty (60) days from the date of Antibodies Having Binding Specificity Suite 350, Bethesda, Maryland. this published notice, NIH receives to Tag±72 and Human Carcinomas written evidence and argument that The meeting will be held from 3:00 p.m. to 5:00 p.m. and will be open to the AGENCY: National Institutes of Health, establishes that the grant of the license Public Health Service, DHHS. would not be consistent with the public. The purpose of the meeting is to update the subcommittee on the ACTION: Notice. requirements of 35 U.S.C. 209 and 37 CFR 404.7. progress of the program planning panels SUMMARY: This notice in accordance The invention relates to a monoclonal in preparing their reports and to discuss with 35 U.S.C. 209(c)(1) and 37 CFR anti-tumor antibody, designated CC49 the next steps in developing the 404.7(a)(1)(i) that the National Institutes which is a second generation Council’s strategic plan. Attendance by of Health, Department of Health and monoclonal antibody of the B72.3 the public will be limited to space Human Services, is contemplating the antibody. CC49 recognizes the tumor available. grant of an exclusive world-wide license associated glycoprotein, TAG–72. The Ms. Lois DeNinno, Council Assistant, to practice the inventions embodied in TAG–72 antigen is expressed on at least National Eye Institute, (301) 496–9110, U.S. Patent Applications SN 08/299,999 75% of colorectal cancers; 85% of will provide a summary of the meeting, and corresponding foreign patent ovarian, endometrial, gastric, and roster of committee members, and applications entitled, ‘‘Production Of A pancreatic cancers; 60% of prostate substantive program information upon Single-Gene Encoded Immunoglobulin’’; cancers; and approximately 50% of request. Individuals who plan to attend ‘‘Second Generation Monoclonal breast and lung cancers. Of particular and need special assistance, such as Antibodies Having Binding Specificity importance is the fact that B72.3, the sign language interpretation or other To Tag–72 And Human Carcinomas’’ first generation monoclonal antibody reasonable accommodations, should (07/073,685, 07/547,336, now U.S. specific for TAG–72, was the first contact Ms. DeNinno in advance. Patent 5,512,443, issued 4/30/96)’’, and monoclonal antibody to be approved by Dated: May 21, 1997. U.S. Patent Application PHS Ref. No. D– the Food and Drug Administration LaVerne Y. Stringfield, 001–96/0 ‘‘Humanized Monoclonal (FDA) for in-vivo use. Committee Management Officer, NIH. Antibodies Specific to TAG–72; For working with B72.3, a second Methods For Their Manufacture and generation antibody, designated CC49 [FR Doc. 97–13836 Filed 5–23–97; 8:45 am] Usage in The Treatment Or Diagnosis of was developed which is highly specific BILLING CODE 4140±01±M Cancer’’ to Bio-Nucleonics, Inc. of for the same TAG–72 antigen. The CC49 Miami, Florida. The patent rights in monoclonal antibody specific for TAG– DEPARTMENT OF HEALTH AND these inventions have been assigned to 72 glycoprotein is currently in HUMAN SERVICES the United States of America, except for preclinical studies, and shows superior PHS Ref. No. D–001–96/0 in which the results over B72.3. The CC49 National Institutes of Health patent rights in this invention has been monoclonal antibody and the gene assigned to the United States of America which encodes for it, is the subject National Heart, Lung, and Blood and Dow Chemical, Inc. technology of this exclusive license Institute; Notice of Closed Meetings The prospective exclusive license application. field of use may be limited to: The use Applications for a license in the field Pursuant to section 10(d) of the of CC49 monoclonal antibodies only in of use filed in response of this notice Federal Advisory Committee Act, as conjunction with Bismuth–213 for will be treated as objections to the grant amended (5 U.S.C. Appendix 2), notice human radioimmunotherapy (RIT) and of the contemplated licenses. Comments is hereby given of the following Heart, Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28723

Lung, and Blood Special Emphasis patentable material and personal information DEPARTMENT OF HEALTH AND Panel (SEP) meetings: concerning individuals associated with the HUMAN SERVICES Name of SEP: Mitochondrial Defects in applications and/or proposals, the disclosure Development of Cardiac Disease. of which would constitute a clearly National Institutes of Health Date: June 17–18, 1997. unwarranted invasion of personal privacy. Time: 7:30 p.m. (Catalog of Federal Domestic Assistance National Institutes of Nursing Place: Gaithersburg Marriott Washington Programs Nos. 93.837, Heart and Vascular Research; Notice of Closed Meeting Center, 9751 Washingtonian Boulevard, Diseases Research; 93.838, Lung Diseases Gaithersburg, Maryland 20878. Research; and 93.839 Blood Diseases and Purusant to Section 10(d) of the Contact Person: Jon Ranhand, Ph.D., Two Resources Research, National Institutes of Federal Advisory Committee Act, as Rockledge Center, Room 7188, 6701 Health) amended (5 U.S.C. Appendix 2), notice Rockledge Drive, Bethesda, MD 20892–7924, is hereby given of the following Dated: May 20, 1997. (301) 435–0280. meeting: Purpose/Agenda: To review and evaluate LaVerne Y. Stringfield, Name of Committee: National Institute of grant applicants. Committee Management Officer, NIH. Nursing Research Initial Review Group. Name of SEP: Human Anti-HIV [FR Doc. 97–13829 Filed 5–23–97; 8:45 am] Monoclonal Antibodies in Immunotherapy of Date: June 26–27, 1997. HIV. BILLING CODE 4140±01±M Time: 8:30 a.m. until adjournment. Date: June 19–20, 1997. Place: Holiday Inn Chevy Chase, 5520 Time: 7:00 p.m. Wisconsin Avenue, Chevy Chase, Maryland Place: Bethesda Mariott Hotel, 5151 Pooks DEPARTMENT OF HEALTH AND 20815. Hill Road, Bethesda, Maryland 20814. HUMAN SERVICES Contact Person: Mary Stephens-Frazier, Contact Person: Diane M. Reid, M.D., Two Ph.D., Building 45, Room 3AN–18, 45 Center Rockledge Center, Room 7182, 6701 National Institutes of Health Drive, Bethesda, MD 20892, (301) 594–5971. Rockledge Drive, Bethesda, MD 20892–7924, Purpose/Agenda: To review and evaluate (301) 435–0277. National Institute of Allergy and grant applications. Purpose/Agenda: To review and evaluate Infectious Diseases; Notice of Closed This meeting will be closed in accordance grant applications. with the provisions set forth in sections Meeting 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Name of SEP: POSH: Long-Term Mortality Applications and the discussions could and Morbidity. Pursuant to Section 10(d) of the reveal confidential trade secrets or Date: June 24, 1997. Federal Advisory Committee Act, as commercial property such as patentable Time: 9:00 a.m. amended (5 U.S.C. Appendix 2), notice material and personal information Place: Bethesda Holiday Inn, 8120 Wisconsin Avenue, Bethesda, Maryland is hereby given of the following concerning individuals associated with the 20814. National Institute of Allergy and applications, the disclosure of which would Contact Person: C. James Scheirer, Ph.D., Infectious Diseases Special Emphasis constitute a clearly unwarranted invasion of Two Rockledge Center, Room 7220, 6701 Panel (SEP) meeting: personal privacy. Rockledge Drive, Bethesda, MD 20892–7924, (Catalog of Federal Domestic Assistance Name of SEP: Asthma, Allergic & (301) 435–0266. Program No. 93.361, Nursing Research, Immunologic Diseases Cooperative Research Purpose/Agenda: To review and evaluate National Institutes of Health) Centers. grant applications. Dated: May 20, 1997. Date: June 23–26, 1997. Name of SEP: Lung Health Study: Long- Time: 7:30 p.m. LeVerne Y. Stringfield, Term Followup. Place: Georgetown Holiday Inn, Walker Committee Management Officer, NIH. Date: June 24, 1997. Time: 1:30 p.m. Room, 2101 Wisconsin Avenue, N.W., [FR Doc. 97–13828 Filed 5–23–97; 8:45 am] Place: Bethesday Holiday Inn, 8120 Washington, D.C. 20007, (202) 338–4600. BILLING CODE 4140±01±M Wisconsin Avenue, Bethesda, Maryland Contact Person: Dr. Allen Stoolmiller, 20814. Scientific Review Adm., 6003 Executive Contact Person: Anne P. Clark, Ph.D., Two Boulevard, Solar Bldg., Room 4C05, DEPARTMENT OF HEALTH AND Rockledge Center, Room 7186, 6701 Bethesda, MD 20892, (301) 496–7966. HUMAN SERVICES Rockledge Drive, Bethesda, MD 20892–7924, Purpose/Agenda: To evaluate grant (301) 435–0280. applications. National Institutes of Health Purpose/Agenda: To review and evaluate The meeting will be closed in accordance grant applications. with the provisions set forth in sections National Institute of Diabetes and Name of SEP: Demonstration and 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Digestive and Kidney Disease; Notice Education Research Applications (R18s) and Applications and/or proposals and the of Closed Meeting Child and Adolescent Trial for discussions could reveal confidential trade Cardiovascular Health (UO1s). secrets or commercial property such as Pursuant to Section 10(d) of the Date: July 22–23, 1997. patentable material and personal information Federal Advisory Committee Act, as Time: 9:00 a.m. concerning individuals associated with the amended (5 U.S.C. Appendix 2), notice Place: Washington National Airport Hilton, applications and/or proposals, the disclosure is hereby given of the following 2399 Jefferson Davis Highway, Arlington, of which would constitute a clearly National Institute of Diabetes and Virginia 22202. unwarranted invasion of personal privacy. Digestive and Kidney Diseases Special Contact Person: Louise Corman, Ph.D., (Catalog of Federal Domestic Assistance Two Rockledge Center, Room 7180, 6701 Emphasis Panel meeting: Rockledge Drive, Bethesda, MD 20892–7924, Programs Nos. 93.855, Immunology, Allergic Name of SEP: The Developing Kidney in (301) 435–0270. and Immunologic Diseases Research; 93.856, Health and Disease. Purpose/Agenda: To review and evaluate Microbiology and Infectious Diseases Date: June 29–July 1, 1997. grant applications. Research, National Institutes of Health) Time: 7:30 p.m. These meetings will be closed in Dated: May 20, 1997. Place: Albert Einstein College of Medicine, accordance with the provisions set forth in LaVerne Y. Stringfield, 1300 Morris Park Avenue, Bronx, New York sections 552b(c)(4) and 552b(c)(6), Title 5, 10461. Committee Management Officer, NIH. U.S.C. Applications and/or proposals and the Contact Person: Sharee Pepper, Ph.D., discussions could reveal confidential trade [FR Doc. 97–13827 Filed 5–23–97; 8:45 am] Scientific Review Administrator, Review secrets or commercial property such as BILLING CODE 4140±01±M Branch, DEA, NIDDK, Natcher Building, 28724 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

Room 6as–25E, National Institutes of Health, (Catalog of Federal Domestic Assistance Dated: May 20, 1997. Bethesda, Maryland 20892–6600, Phone: Program No. 93.847–849, Diabetes, Endocrine Jeri Lipov, (301) 594–7798. and Metabolic Diseases; digestive Diseases Committee Management Officer SAMHSA. Purpose/Agenda: To review and evaluate and Nutrition; and Kidney Diseases, Urology grant applications. [FR Doc. 97–13758 Filed 5–21–97; 11:55 am] and Hematology Research, National Institutes This meeting will be closed in accordance BILLING CODE 4162±20±P with the provisions set forth in sections of Health) 552b(c)(4) and 552b(c)(6), Title 5 U.S.C. Dated: May 21, 1997. Applications and/or proposals and the LaVerne Y. Stringfield, DEPARTMENT OF HEALTH AND discussions could reveal confidential trade HUMAN SERVICES secrets or commercial property such as Committee Management Officer, NIH. patentable material and personal information [FR Doc. 97–13835 filed 5–23–97; 8:45 am] Substance Abuse and Mental Health concerning individuals associated with the BILLING CODE 4140±01±M Services Administration applications and/or proposals, the disclosure of which would constitute a clearly Center for Substance Abuse unwarranted invasion of personal privacy. DEPARTMENT OF HEALTH AND Treatment; Notice of Meeting (Catalog of Federal Domestic Assistance HUMAN SERVICES Program No. 93.847–849, Diabetes, Endocrine Pursuant to Public Law 92–463, and Metabolic Diseases; Digestive Diseases Substance Abuse and Mental Health notice is hereby given of a meeting of and Nutrition; and Kidney Diseases, Urology Services Administration (SAMHSA) the Center for Substance Abuse and Hematology Research, National Institutes Treatment (CSAT) National Advisory of Health) Notice of Meeting Council to be held in June 1997. Dated: May 21, 1997. A portion of the meeting will be open LaVerne Y. Stringfield, Pursuant to Public Law 92–463, and include discussion of the future Committee Management Officer, NIH. notice is hereby given of the following directions for the Center’s Knowledge [FR Doc. 97–13834 Filed 5–23–97; 3:09 pm] meeting of the SAMHSA Special Development and Applications Agenda BILLING CODE 4140±01±M Emphasis Panel II in May. for FY 1998 and discussion of the Center’s policy issues and current A summary of the meeting may be administrative, legislative, and program obtained from: Ms. Dee Herman, DEPARTMENT OF HEALTH AND developments. HUMAN SERVICES Committee Management Liaison, The meeting will also include the SAMHSA Office of Extramural review, discussion, and evaluation of National Institute of Health Activities Review, 5600 Fishers Lane, individual contract proposals and Room 17–89, Rockville, Maryland discussion of information about the National Institute of Diabetes and 20857. Telephone: 301–443–4783. Center’s procurement plans. Therefore a Digestive and Kidney Diseases; Notice Substantive program information may portion of the meeting will be closed to of Closed Meeting be obtained from the individual named the public as determined by the Pursuant to Section 10(d) of the as Contact for the meeting listed below. Administrator, SAMHSA, in accordance Federal Advisory Committee Act, as The meeting will include the review, with Title 5 U.S.C. 552b(c)(3), (4), and amended (5 U.S.C. Appendix 2), notice discussion and evaluation of individual (6) and 5 U.S.C. App. 2, section 10(d). is hereby given of the following contract proposals. This discussion A summary of the meeting and roster National Institute of Diabetes and could reveal personal information of council members may be obtained Digestive and Kidney Diseases Special concerning individuals associated with from: Mrs. Julie A. Stevens, CSAT, Emphasis Panel meeting: the proposals and confidential and National Advisory Council, Rockwall II Name of SEP: Exploratory CRF in Children. financial information about an Building, Suite 619, 5600 Fishers Lane, Date: June 12–13, 1997. individual’s proposal. This discussion Rockville, Maryland 20857, Telephone: Time: 7:30 p.m. may also reveal information about (301) 443–5050. Place: Doubletree Guest Suites, 1300 procurement activities exempt from Substantive program information may Concourse Drive, Linthicum, Maryland disclosure by statute and trade secrets be obtained from the contact whose 21090. and commercial or financial information name and telephone number is listed Contact Person: William, E. Elzinga, Ph.D., below. Scientific Review Administrator, Review obtained from a person and privileged Branch, DEA, NIDDK, Natcher Building, and confidential. Accordingly, the Committee Name: Center for Substance Room 6as–37A, National Institutes of Health, meeting is concerned with matters Abuse Treatment National Advisory Council. Bethesda, Maryland 20892–6600, Phone: exempt from mandatory disclosure in Meeting Date: June 4, 1997–1:30 p.m.–4:30 (301) 594–8895. Title 5 U.S.C. 552b(c)(3), (4), and (6) and p.m. June 5, 1997–8:30 a.m.–5:00 p.m. Place: Holiday Inn/Chevy Chase, 5520 Purpose/Agenda: To review and evaluate 5 U.S.C. App. 2, § 10(d). grant applications. Wisconsin Avenue, Chevy Chase, Maryland This notice is being published less than 15 Committee Name: SAMHSA Special 20815. days prior to the above meeting due to the Emphasis Panel II. Open: June 4, 1997–1:30 p.m.–4:30 p.m., urgent need to meet timing limitations Meeting Dates: May 22, 1997. June 5, 1997–9:00 a.m.–5:00 p.m., Closed: June 5, 1997–8:30 a.m.–9:00 a.m. imposed by the review and funding cycle. Place: Hotel Sofitel, 1914 Connecticut Contact: Marjorie M. Cashion, Executive This meeting will be closed in accordance Avenue, NW, Salon South, Washington, DC with the provisions set forth in secs. Secretary, Telephone: (301) 443–5050, and 20009. FAX: (301) 480–6077. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C. Closed: May 22, 1997 8:30 a.m.—5:00 p.m. Applications and/or proposals and the Contact: Constance M. Burtoff, 17–89, Dated: May 20, 1997. discussion could reveal confidential trade Parklawn Building, Telephone: 301–443– Jeri Lipov, secrets of commercial property such as Committee Management Officer, Substance patentable material and personal information 2437 and FAX: 301–443–3437. Abuse and Mental Health Services concerning individuals associated with the This notice is being published less than 15 Administration. applications and/or proposals, the disclosure days prior to the meeting due to the urgent of which would constitute a clearly need to meet timing limitations imposed by [FR Doc. 97–13759 Filed 5–23–97; 8:45 am] unwarranted invasion of personal privacy. the review and funding cycle. BILLING CODE 4162±20±P Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28725

DEPARTMENT OF HEALTH AND DEPARTMENT OF HOUSING AND regulations). Also, up to five percent of HUMAN SERVICES URBAN DEVELOPMENT Homeownership Zone grant funds can be used for administrative costs as [Docket No. FR±4238±N±02] Substance Abuse and Mental Health defined under 24 92.207 (of HUD’s Services Administration (SAMHSA) Submission for OMB Review; HOME regulations). Eligible applicants Comment Request are any units of general local Notice of Meeting government as defined in Title I, AGENCY: Office of the Assistant Section 102(a)(1) of the Housing and Pursuant to Public Law 92–463, Secretary for Community Planning and Community Development Act of 1974. notice is hereby given of the following Development, HUD. The information collection is essential meeting of the SAMHSA Special ACTION: Notice. so that HUD Staff may determine the Emphasis Panel I in June. eligibility, qualifications and capability SUMMARY: The proposed information of applicants to carry our A summary of the meeting and a collection requirement described below roster of the members may be obtained Homeownership Zone activities. HUD has been submitted to the Office of will review the information provided by from: Ms. Dee Herman, Committee Management and Budget (OMB) for the applicants against the selection Management Liaison, SAMHSA Office emergency review and approval, as criteria contained in the NOFA in order of Extramural Activities Review, 5600 required by the Paperwork Reduction to rate and rank the applications and Fishers Lane, Room 17–89, Rockville, Act. The Department is soliciting public select the best and most qualified Maryland 20857. Telephone: 301–443– comments on the subject proposal. individual applications for funding. The 4783. DATES: The due date for comments is: selection criteria are: (1) Quality of Substantive program information may June 3, 1997. Homeownership Zone; (2) Distress; (3) be obtained from the individual named ADDRESSES: Interested persons are Financial Soundness; (4) Leveraging of as Contact for the meeting listed below. invited to submit comments regarding Nonfederal Resources; (5) Capacity to The meeting will include the review, this proposal. Comments must be Successfully Carry Out the Plan; and (6) discussion and evaluation of individual received within seven (7) days from the Affirmatively Furthering Fair Housing Practices. grant applications. These discussions date of this Notice. Comments should The Department has submitted the could reveal personal information refer to the proposal by name and should be sent to: Joseph F. Lackey, Jr., proposal for the collection of concerning individuals associated with HUD Desk Officer, Office of information, as described below, to the applications. Accordingly, this Management and Budget, New OMB for review, as required by the meeting is concerned with matters Executive Office Building, Washington, Paperwork Reduction Act (44 U.S.C. exempt from mandatory disclosure in DC 20503. Chapter 35): Title 5 U.S.C. 552b(c)(6) and 5 U.S.C. FOR FURTHER INFORMATION CONTACT: (1) Title of the information collection App.2, § 10(d). Kay F. Weaver, Reports Management proposal: NOFA: Homeownership Zone Committee Name: SAMHSA Special Officer, Department of Housing and Program. Emphasis Panel I (SEP I). Urban Development, 451, Seventh (2) Summary of the collection of Meeting Dates: June 2–4, 1997. Street, SW, Washington, DC 20410, information: Each applicant for Place: Sheraton City Center Hotel, City telephone (202) 708–0050. This is not a Homeownership Zone funds would be Center II Room, 1143 New Hampshire toll-free number. Copies of available required to submit current information, Avenue, NW, Washington, DC 20037. documents submitted to OMB may be as listed below: a. Form S.F. 424—Application for Closed: June 2–3, 1997—9:00 a.m.–5:00 obtained from Ms. Weaver. Federal Assistance; p.m. June 4, 1997—9:00 a.m.—adjournment SUPPLEMENTARY INFORMATION: This Panel: Center for Mental Health Services b. Certification—Concerning Use of Notice informs the public that the Federal Funds for Lobbying; and Center for Substance Abuse Treatment Department of Housing and Urban Cooperative Agreements on Criminal Justice c. An Executive Summary of the Development (HUD) has submitted to proposal; Diversion Interventions for Individuals with OMB, for emergency processing, a Co-occurring Mental Illness and Substance d. Narratives for each of the selection proposed Notice of Fund Availability criteria; Abuse Disorders. (NOFA) for the Homeownership Zone Contact: Stan Kusnetz, M.S. Ed., Room 17– e. A map of the Homeownership Program. HUD seeks to implement this 89, Parklawn Building, Telephone: 301–443– Zone. by May 30, 1997. (3) Description of the need for the 3042 and FAX: 301–443–3437. Under the Homeownership Zone information and its proposed use: The This notice is being published less than 15 Program, HUD will provide days prior to the meeting due to the urgent information collection is essential so approximately $20 million to promote need to meet timing limitations imposed by that HUD staff may determine the large scale development of distressed the review and funding cycle. eligibility, qualifications and capability areas. This program promotes of applicants to carry out Dated: May 20, 1997. homeownership as a foundation for Homeownership Zone activities. HUD Jeri Lipov, physical, social and economic will review the information provided by Committee Management Officer, Substance revitalization of impoverished the applicants against the selection Abuse and Mental Health Services neighborhoods. The eligible expenses criteria contained in the NOFA in order Administration. for program funds are land acquisition, to rate and rank the applications and [FR Doc. 97–13757 Filed 5–23–97; 8:45 am] site preparation, housing construction, select the best and most qualified BILLING CODE 4162±20±P housing rehabilitation, direct assistance individual applications for funding. to homebuyers, homeownership (4) Description of the likely counseling, homebuyer education, respondents, including the estimated relocation project marketing, and project number of likely respondents, and related soft costs as defined under 24 proposed frequency of response to the CFR 92.206(d) of (HUD’s Home collection of information: Eligible 28726 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices applicants are units of general local Development Program Fiscal Year 1997, Permit No. 779910 government. The estimated number of published in the Federal Register on Applicant: William E. Haas, San respondents is 70. The proposed April 24, 1997 at 62 FR 20068, is Diego, California. frequency of the response to the corrected as follows: The applicant requests an amendment collection of information is one-time. On page 20071, in the table at the of his permit to take (toe-clip; collect The application need only be submitted bottom of the page, in section F. blood) the southwestern willow once. Selection Criteria, in paragraph 2 that flycatcher (Empidonax traillii extimus) (5) Estimate of the total reporting and begins with ‘‘The number of units in San Diego County, California in record keeping burden that will result awarded ** *’’, in the column under conjunction with genetic research for from the collection of information: ‘‘Northwest’’, ‘‘25’’ is corrected to read the purpose of enhancing its survival. Reporting Burden: ‘‘5’’, ‘‘20’’ is corrected to read ‘‘5’’, ‘‘15’’ Number of Respondents: 70. is corrected to read ‘‘5’’, and ‘‘10’’ is Permit No. 818627 Total Burden Hours (@100 hours per corrected to read ‘‘5’’. Applicant: Oregon Department of Fish response): 7000. Dated: May 19, 1997. and Wildlife, Corvallis, Oregon. Total Estimated Burden Hours: 7000. The applicant requests an amendment Camille E. Acevedo, Authority: Section 3506 of the Paperwork of his permit to take (capture, otolith Reduction Act of 1995, 44 U.S.C. Chapter 35, Assistant General Counsel for Regulations. mark, captively rear, sacrifice, and as amended. [FR Doc. 97–13732 Filed 5–23–97; 8:45 am] release) the Oregon chub (Oregonichthys Dated: May 19, 1997. BILLING CODE 4210±33±P crameri) at Shady Dell Pond, and East David S. Cristy, Fork Minnow Creek Pond in Lane Director, IRM Policy and Management County, Oregon in conjunction with Division. ecological research and growth rate [FR Doc. 97–13731 Filed 5–23–97; 8:45 am] DEPARTMENT OF THE INTERIOR studies for the purpose of enhancing its survival. BILLING CODE 4210±29±M Fish and Wildlife Service Permit No. 788074 Endangered and Threatened Species Applicant: Ellen T. Bauder, San Diego DEPARTMENT OF HOUSING AND Permit Applications URBAN DEVELOPMENT State University, San Diego, California. AGENCY: Fish and Wildlife Service. The applicant requests an amendment [Docket No. FR±4167±C±02] of her permit to take (collect) San Diego ACTION: Notice of receipt of permit fairy shrimp (Branchinecta Notice of Funding Availability; The applications. Traditional Indian Housing sandiegonensis) in conjunction with ecological research on Eryngium Development Program Fiscal Year SUMMARY: The following applicants have 1997; Correction aristulatum ssp. parishii (San Diego applied for a scientific research permit button celery) in San Diego County, AGENCY: Office of the Assistant to conduct certain activities with California for the purpose of enhancing Secretary for Public and Indian endangered species pursuant to section its survival. Housing, HUD. 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (16 U.S.C. Permit No. 827499 ACTION: Notice of Funding Availability 1531, et seq.). (NOFA) for fiscal year 1997; Correction. Applicant: Richard E. Farris, Agoura Permit No. 783010 Hills, California. SUMMARY: On April 24, 1997 (62 FR The applicant requests a permit to 20068), the Department published a Applicant: California Department of take (harass by survey) the southwestern notice that announced the availability of Transportation, Santa Ana, California. willow flycatcher (Empidonax traillii Fiscal Year (FY) 1997 funding for the The applicant requests an amendment extimus) in conjunction with surveys development of new Indian Housing of her permit for take (harass by survey, and population monitoring in Ventura, (IH) units and provided the applicable locate and monitor nests) of the Los Angeles, Orange, San Diego, criteria, processing requirements and southwestern willow flycatcher Riverside, and San Bernardino Counties, action timetable. The purpose of this (Empidonax traillii extimus) and for California for the purpose of enhancing document is to correct the table in take (locate and monitor nests) of the its survival. section ‘‘F. Selection Criteria’’, least Bell’s vireo (Vireo bellii pusillus) to Permit No. 827498 paragraph 2, by correcting the number include the species ranges throughout of units awarded for the ‘‘Northwest’’ California in conjunction with Applicant: Jesus Maldonado, Los jurisdiction to read ‘‘5’’ for each parallel population monitoring for the purpose Angeles, California. The applicant requests a permit to category listed in the column entitled, of enhancing their survival. ‘‘Waiting list by program type’’. take (capture, mark, and release) the Permit No. 827496 Pacific pocket mouse (Perognathus DATES: The dates for the notice longimembris pacificus) in conjunction published April 24, 1997 are still Applicant: Matthew Gitzendanner, with surveys and ecological research in applicable. Pullman, Washington. San Pedro, California for the purpose of FOR FURTHER INFORMATION CONTACT: The applicant requests a permit to enhancing its survival. Refer to Appendix 1 of the April 24, remove and reduce to possession 1997 notice for a complete list of the specimens of Lomatium bradshawii Permit No. 785108 appropriate area ONAP’s and telephone (Bradshaw’s desert parsley) on Federal Applicant: Tierra Consultants, Inc., numbers. lands in Linn and Lane Counties, Riverside, California. SUPPLEMENTARY INFORMATION: Oregon, and Clark County, Washington The applicant requests an amendment Accordingly, FR–Doc. 97–10639, a in conjunction with scientific research to his permit to take (harass by survey) Notice of Funding Availability for the for the purpose of enhancing its the Delhi Sands flower-loving fly Traditional Indian Housing propagation and survival. (Rhaphiomidas terminatus abdominalis) Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28727 in conjunction with surveys in San Fresno, Merced, and Santa Barbara collect tissue samples, and sacrifice) the Bernardino and Riverside Counties, Counties, California for the purpose of Mojave tui chub (Gila bicolor California for the purpose of enhancing enhancing their survival. mojavensis) and Owens tui chub (Gila its survival. bicolor snyderi) in conjunction with Permit No. 802160 genetic research in Inyo, Mono, Madera, Permit No. 827500 Applicant: Bayfront Conservancy and San Bernardino Counties, California Applicant: Sean J. Barry, Dixon, Trust, Chula Vista, California. for the purpose of enhancing their California. The applicant requests a permit to survival. The applicant requests a permit to take (collect eggs) the light-footed take (capture and release; collect clapper rail (Rallus longirostris levipes) Permit No. 829204 voucher specimens) the California red- in conjunction with a captive breeding Applicant: H. Lee Jones, Lake Isabella, legged frog (Rana aurora draytonii) and program at the Chula Vista Nature California. take (capture and release; collect blood, Center, San Diego County, California for The applicant requests a permit to tissue and voucher specimens) the giant the purpose of enhancing its survival. take (harass by survey) the southwestern garter snake (Thamnophis gigas) in Personnel from the Fish and Wildlife willow flycatcher (Empidonax traillii conjunction with surveys, population Service’s Fish and Wildlife Office, extimus) and the least Bell’s vireo (Vireo monitoring, and genetic research in Carlsbad, California will collect the bellii pusillus) in conjunction with northern California for the purpose of eggs. surveys and population monitoring in enhancing their survival. San Diego, Orange, Riverside, Los Permit No. 811615 Permit No. 787924 Angeles, San Bernardino, Kern, Ventura, Applicant: Cynthia Jones, San Diego, and Santa Barbara Counties, California Applicant: Markus Spiegelberg, San California. for the purpose of enhancing their Diego, California. The applicant requests an amendment survival. The applicant requests an amendment to her permit to take (locate and monitor to his permit to take (locate and monitor nests) the southwestern willow Permit No. 829250 nests) the southwestern willow flycatcher (Empidonax traillii extimus) Applicant: Hawaii Wildlife Fund, flycatcher (Empidonax traillii extimus) in conjunction with removal of brown- Laie, Hawaii. in conjunction with population headed cowbird (Molothrus ater) eggs The applicant requests a permit to monitoring and removal of brown- throughout the species range in take (capture; flipper-tag; satellite and headed cowbird (Molothrus ater) eggs in California for the purpose of enhancing radio-tag; and release) the hawksbill sea Orange, Riverside, and San Diego its survival. turtle (Eretmochelys imbricata) in Counties, California for the purpose of Permit No. 828741 conjunction with reproductive and enhancing its survival. ecological research in Hawaii and Maui Applicant: Johnson Wang, Clayton, Permit No. 811894 Counties, Hawaii for the purpose of California. enhancing its survival. Applicant: Samuel M. McGinnis, The applicant requests a permit to Hayward, California. take (capture/release; collect voucher Permit No. 828708 The applicant requests an amendment specimens) the tidewater goby Applicant: Maria-Paloma Nieto, of his permit for take (capture, mark, (Eucyclogobius newberryi) in Nipomo, California. and release) of the San Francisco garter conjunction with life history studies in The applicant requests a permit to snake (Thamnophis sirtalis tetrataenia) Marin County, California for the take (locate and monitor nests) the to include the greater Pacifica area, San purpose of enhancing its survival. California least tern (Sterna antillarum Mateo County, California and for take Permit No. 758175 brownii) and western snowy plover (capture and release; radio-tag) the (Charadrius alexandrinus nivosus) in California red-legged frog (Rana aurora Applicant: John and Jane Griffith, San conjunction with population monitoring draytonii) in the greater Pacifica area Clemente, California. in Santa Barbara and San Luis Obispo and the San Francisco International The applicants request an amendment Counties, California for the purpose of Airport, San Mateo County, California of their permit to take (harass by survey) enhancing their survival. in conjunction with population studies the light-footed clapper rail (Rallus DATES: Written comments on these longirostris levipes) and the Yuma and ecological research for the purpose permit applications must be received on clapper rail (Rallus longirostris of enhancing their survival. or before June 26, 1997. yumanensis), and take (harass by survey Permit No. 810678 and nest monitoring) the southwestern ADDRESSES: Written data or comments Applicant: Harmsworth Associates, willow flycatcher (Empidonax traillii should be submitted to the Chief, Dove Canyon, California. extimus) in Imperial County, California Division of Consultation and The applicant requests an amendment and Yuma County, Arizona, and take Conservation Planning, Ecological of his permit to take (harass by survey; (harass by survey, locate and monitor Services, U.S. Fish and Wildlife Service, capture and release; collect and sacrifice nests, capture, band and release) the 911 N.E. 11th Avenue, Portland, Oregon voucher specimens) the Conservancy least Bell’s vireo (Vireo bellii pusillus) 97232–4181; FAX: 503–231–6243. fairy shrimp (Branchinecta conservatio), in Imperial County, California in Please refer to the respective permit longhorn fairy shrimp (Branchinecta conjunction with surveys and life number for each application when longiantenna), vernal pool tadpole history studies for the purpose of submitting comments. All comments, shrimp (Lepidurus packardi), San Diego enhancing their survival. including names and addresses, fairy shrimp (Brachinecta received will become part of the official sandiegonensis), and Riverside fairy Permit No. 829201 administrative record and may be made shrimp (Streptocephalus woottoni) in Applicant: Bernard May, Davis, available to the public. conjunction with surveys in vernal California. FOR FURTHER INFORMATION CONTACT: pools in San Diego, Orange, Riverside, The applicant requests a permit to Documents and other information San Bernardino, Los Angeles, Kern, take (capture/release, electroshock, submitted with these applications are 28728 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices available for review, subject to the The tract will be leased to the Bids received after that time will not be requirements of the Privacy Act and qualified bidder of the highest cash considered. Freedom of Information Act, by any amount, provided that the high bid SUPPLEMENTARY INFORMATION: Bidding party who submits a written request for meets the fair market value of the coal instructions for the offered tract are a copy of such documents within 20 resource. The minimum bid for the tract included in the Detailed Statement of days of the date of publication of this is $100 per acre or fraction thereof. No Lease Sale. Copies of the statement and notice to the address above; telephone: bid that is less than $100 per acre, or the proposed coal lease are available at 503–231–2063. Please refer to the fraction thereof, will be considered. The the Montana State Office. Casefile respective permit number for each minimum bid is not intended to documents are also available for public application when requesting copies of represent fair market value. The fair inspection at the Montana State Office. documents. market value will be determined by the Dated: May 16, 1997. Dated: May 20, 1997. authorized officer after the sale. Francis R. Cherry, Jr., Thomas J. Dwyer, COAL OFFERED: The coal resource to be Acting State Director. Regional Director, Region 1 Portland, Oregon. offered consists of all recoverable [FR Doc. 97–13698 Filed 5–23–97; 8:45 am] [FR Doc. 97–13745 Filed 5–23–97; 8:45 am] reserves in the following-described BILLING CODE 4310±DN±P BILLING CODE 4310±55±P lands located approximately 10 miles west of the town of Colstrip, Montana: T. 1 N., R. 39 E., P.M.M. DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR Sec. 2: S1⁄2NW1⁄4, N1⁄2NE1⁄4SE1⁄4 T. 1 N., R. 40 E., P.M.M. Bureau of Land Management Bureau of Land Management Sec. 6: Lots 1, 2, 3, 4, S1⁄2N1⁄2, S1⁄2 1 1 1 [MT±921±07±1320±01; MTM 80697] Sec. 8: E ⁄2, N ⁄2NW ⁄4 Sec. 14: S1⁄2SW1⁄4, SE1⁄4 [AK±020±1410±00±P; FF091732] Coal Lease Offering T. 2 N., R. 40 E., P.M.M Sec. 32: All. Environmental Impact Statement: AGENCY: Bureau of Land Management, Containing 2,061 acres. Fairbanks, Alaska Interior. Rosebud County, Montana. AGENCY: Bureau of Land Management ACTION: Notice of coal lease offering by The Rosebud seam, averaging 22.3 (BLM), Interior. sealed bid MTM 80697—Western feet in thickness, is the only Energy Company. ACTION: Notice of Intent To Prepare an economically minable coal seam within Environmental Impact Statement on the SUMMARY: Notice is hereby given that the tract. The tract contains an Northern Intertie Project. the coal resources in the lands described estimated 35.6 million tons of below in Rosebud County, Montana, recoverable reserves. Coal quality, as SUMMARY: The BLM is issuing this will be offered for competitive lease by received, averages 8,360 BTU/lb., 25.52 notice to advise the public that an sealed bid. This offering is being made percent moisture, 10.03 percent ash, and environmental impact statement (EIS) as a result of an application filed by 0.97 percent sulfur. This coal bed is will be prepared for a proposed 230kV Western Energy Company, in being mined in adjoining tracts by power transmission line between Healy accordance with the provisions of the Western Energy Company. and Fairbanks, Alaska, in accordance Mineral Leasing Act of 1920 (41 Stat. RENTAL AND ROYALTY: A lease issued as with the Federal Land Policy and 437; 30 U.S.C. 181–287), as amended. a result of this offering will provide for Management Act of 1976 (43 U.S.C. An Environmental Assessment of the payment of an annual rental of $3 per 1701 et seq.), as amended; the National proposed coal development and related acre, or fraction thereof, and a royalty Environmental Policy Act of 1969 (42 requirements for consultation, public payable to the United States of 12.5 U.S.C. 4321 et seq.), as amended; and involvement, and hearing have been percent of the value of coal mined by the regulations at 43 CFR Part 2800. completed in accordance with 43 CFR surface methods and 8.0 percent of the part 3425. Concerns and issues SUPPLEMENTARY INFORMATION: Golden value of coal mined by underground Valley Electric Association has applied expressed by the public during the methods. The value of the coal shall be public scoping process centered on for a right-of-way to construct, operate, determined in accordance with 43 CFR and maintain a 230kV power social, economic, and cultural impacts 3485.2. to the Northern Cheyenne and Crow transmission line between Healy and Tribes, hydrologic impacts to the area, DATES: Lease Sale—The lease sale will Fairbanks, Alaska. The powerline is and the need to do an Environmental be held at 10 a.m., Wednesday, July 2, approximately 90 miles long and Impact Statement (EIS) as the 1997, in the Conference Room on the approximately 150 feet wide. An appropriate level of environmental Sixth Floor of the Granite Tower environmental analysis was prepared documentation for the development of Building, Bureau of Land Management, for the project which analyzed eight the coal resources. Three alternatives 222 North 32nd Street, Billings, different route proposals. A Finding of (Preferred, No Action, and Cultural Montana 59107. No Significant Impact was not issued Resource Avoidance) were developed to Bids—Sealed bids must be submitted due to a high level of public controversy analyze impacts and to address issues on or before 9 a.m., Wednesday, July 2, which resulted from the selection of the relating to the proposed action. The 1997, to the cashier, Bureau of Land preferred alternative. The decision was Preferred Alternative, including special Management, Montana State Office, then made to prepare an EIS. stipulations and mitigation measures, Second Floor, Granite Tower Building, Additional scoping meetings for this was chosen because it will maximize 222 North 32nd Street, Post Office Box project will be held to identify issues the beneficial use of the subject coal 36800, Billings, Montana 59107–6800. which were not addressed during the resource and will mitigate impacts to The bids should be sent by certified original scoping meetings and public one historic site and two sites which mail, return receipt requested, or be meetings. These scoping meetings will have high values as traditional cultural hand-delivered. The cashier will issue a be held according to the tentative properties. receipt for each hand-delivered bid. schedule described below: Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28729

Fairbanks, Alaska—June 23, 1997— continuing paleontological research and identified 37, 550 acres as potential BLM, Northern District, Office Bldg., for the display and interpretation of the wilderness additions. The National Park 1150, University Ave. scientific specimens uncovered at such Service (NPS) depicted the wilderness Healy, Alaska—June 24, 1997—Tri sites, and to facilitate the protection and and potential wilderness additions in Valley School, Lunchroom exhibition of a valuable collection of maps entitled ‘‘Joshua Tree Anderson, Alaska—June 25, 1997— Native American artifacts and relics that Wilderness,’’ numbered 156–20,003D Council Chambers, Anderson City are representative of an important phase and dated February 1977. In May 1978, Hall, 260, W. First St. of Native American history. the NPS published the legal description Nenana, Alaska—June 26, 1997— Public Law 89–33 authorized the of the wilderness and potential Nenana Public School, 2nd and C St. Secretary of the Interior to acquire by wilderness additions. The maps and The meetings will be held in an open- donation, or by purchase with donated legal description are on file at the house format from 1:00 p.m. to 6:00 or appropriated funds, or otherwise, headquarters of Joshua Tree National p.m. and a public workshop format will title or a lesser interest in not more than Park, 74485 National Park Drive, be conducted from 7:00 p.m. until 10:00 three thousand one hundred and fifty Twentynine Palms, California 92277, p.m. Any changes to the above meeting acres of land in Township 28 North, and at the NPS Denver Service Center, times or locations will be posted in the Range 55 West, Sixth Principal Technical Information Center at 12795 local newspaper and in local public Meridian, Sioux County, Nebraska, for West Alameda Parkway, Lakewood, buildings. Public scoping for this EIS inclusion in the Agate Fossil Beds Colorado. will end on July 11, 1997. All written National Monument in accordance with The maps and legal description of comments must be postmarked on or the boundary designation made 1977 and 1978 respectively show before July 11, 1997. pursuant to Section 2 thereof, which 422,320 acres of wilderness and 30,740 Information, comments, and boundary may include such right-of- acres of potential wilderness additions, nominations on specific issues to be way as is needed for a road between the a lesser amount than cited in Public addressed in the EIS are sought from all Stenomylus Quarry site and the Law 94–567. However, under section 2 interested parties. monument lands lying in Section 3 or of Public Law 94–567 the maps and 10 of the said Township and Range. legal description ‘‘* * * have the same FOR FURTHER INFORMATION CONTACT: Gary Further, upon completion of land force and effect as if included in this Foreman, (907) 474–2339 or acquisition, the Secretary of the Interior Act.’’ [email protected]., or by mail at may establish the park area by Public Law 94–567 provided that 1150 University Avenue, Fairbanks, publishing a notice in the Federal ‘‘* * * corrections of clerical and Alaska 99709. Register, and any subsequent typographical errors in such maps and Dated: May 19, 1997. adjustment of its boundaries shall be descriptions may be made.’’ The NPS, Dee Ritchie, effectuated in the same manner. after careful review of the maps and Northern District Manager. The National Park Service has legal description of 1977 and 1978 [FR Doc. 97–13743 Filed 5–23–97; 8:45 am] prepared a map identified as Boundary respectively, detected two typographical BILLING CODE 4130±84±P Map of Agate Fossil Beds National errors. On January 15, 1997, the NPS Monument, Drawing Number 165/ corrected the errors which resulted in a 80,023, dated May 1997, which depicts recalculation of wilderness established DEPARTMENT OF THE INTERIOR the boundaries established by this by the Public Law 94–567 maps and notice. A copy of the map is available legal description as 422,520 acres. This National Park Service at the following locations: The is an increase of 200 acres. The potential Department of the Interior, National wilderness additions remain at 30,740 Establishment of the Agate Fossil acres. Beds National Monument Park Service, Land Resources Division, 1849 ‘‘C’’ Street, NW, Room 2444, Section 3 of Public Law 94–567 AGENCY: National Park Service, Washington, D.C. 20240; the National provided a process whereby potential Department of the Interior. Park Service, Midwest Field Area, 1709 wilderness additions within the former Joshua Tree National Monument would SUMMARY: Notice to announce the formal Jackson Street, Omaha, Nebraska 68102; become wilderness upon publication in establishment of the Agate Fossil Beds and Scotts Bluff National Monument or the Federal Register of a notice by the National Monument, effective June 14, Agate Fossil Beds National Monument Secretary of the Interior that all uses on 1997. at the address listed above. the land, prohibited by the Wilderness FOR FURTHER INFORMATION CONTACT: Dated: May 13, 1997. Act (Pub. L. 88–577) have ceased. Superintendent, Scotts Bluff National William W. Schenk, The NPS has determined that all the Monument, P.O. Box 27, Gering, Field Director, Midwest Field Area. Wilderness Act prohibited activities of Nebraska 69341–0027; or telephone [FR Doc. 97–13768 Filed 5–23–97; 8:45 am] the following described designated 308–436–4340. BILLING CODE 4310±70±P potential wilderness additions have SUPPLEMENTARY INFORMATION: Public ceased. Such lands are entirely in Law 89–33 (79 Stat. 123.) approved June Federal ownership. Because such lands 5, 1965, authorized the Secretary of the DEPARTMENT OF THE INTERIOR fully comply with Congressional Interior to establish the Agate Fossil directions in section 3 of Public Law Beds National Monument in the State of National Park Service 94–567, this notice hereby changes the Nebraska as a unit of the National Park Notice of Designation of Potential status of the land, totalling 3,502.20 System. The park was authorized to Wilderness as Wilderness, Joshua acres, more or less, from potential preserve for the benefit and enjoyment Tree National Park wilderness additions to wilderness. This of present and future generations the acreage will be added to the National outstanding paleontological sites known Public Law (Pub. L.) 94–567, Wilderness Preservation System and as the Agate Springs Fossil Quarries, approved October 20, 1976, designated bring the total wilderness acreage of the and nearby related geological 429,690 acres as wilderness in Joshua former Joshus Tree National Monument phenomena, to provide a center for Tree National Monument and further to 426,022 acres, more or less. The 28730 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices potential wilderness additions will then (62 Stat. 906 as amended; 16 U.S.C. SUMMARY: Notice is hereby given that consist of 27,238 acres, more or less. 1274), notice is hereby given that the the National Park Service has prepared Note that Congress abolished Joshua official, detailed boundary maps, an Environmental Assessment for the Tree National Monument and Drawing Number 656–80000, dated management of the deer population in designated its lands and additional April 25, 1997, for the Niobrara National Cuyahoga Valley National Recreation areas as the Joshua Tree National Park Scenic River are completed and Area, located within Summit and in Public Law 103–433, October 31, available. Cuyahoga Counties, Ohio. 1994. Public Law 103–433 designated as FOR FURTHER INFORMATION CONTACT: The environmental assessment and additional 131,780 wilderness acres in Superintendent Niobrara/Missouri management plan are available for the part of Joshua Tree National Park National Scenic Riverways, P.O. Box public review and comment for a period that was added to the unit in 1994. The 591, O’Neill, Nebraska 68763–0591, of 30 days from the publication date of potential wilderness lands hereby telephone 402–336–3970. this notice. The documents can be designated as wilderness are described SUPPLEMENTARY INFORMATION: On May viewed during normal business hours at as: 24, 1991, the 76-mile stretch of the the Office of the Superintendent, Wilderness Unit 2 Niobrara River east of Valentine, Cuyahoga Valley National Recreation Nebraska, at Borman Bridge to Highway Area, 15610 Vaughn Road, Brecksville, Potential Wilderness Additions 137 was designated a scenic river by Ohio. Copies can be requested from the T. 3S., R. 7E., surveyed, Public Law 102–50, an amendment to Superintendent, Cuyahoga Valley Sec. 13, NE1⁄4 and S1⁄2; the Wild and Scenic Rivers Act. In National Recreation Area, 15610 Sec. 14, SE1⁄4; Vaughn Road, Brecksville, Ohio 44141. 1 1 accordance with section 3(c) of the Wild Sec. 21, N ⁄2 and that portion of S ⁄2 lying Please forward all comments to the northeasterly of Joshua Tree National and Scenic Rivers Act notice is hereby Park boundary; given that the above said maps are now Superintendent at this address. Sec. 22, NE1⁄4 and S1⁄2; available for inspection at the following DESCRIPTION OF ACTION: This plan Sec. 23, N1⁄2 and SW1⁄4; seven locations: The Department of the proposes the management of white- Sec. 24, NW1⁄4; Interior, National Park Service, Land tailed deer within Cuyahoga Valley Sec. 27, that portion of W1⁄2 lying Resources Division, 1849 C Street NW, National Recreation Area in Summit northeasterly of the Joshua Tree National Room 2444, Washington, D.C. 20240; and Cuyahoga counties, Ohio. The plan Park boundary; Midwest Field Area, Land Resources 1 will examine and analyze four Sec. 28, that portion of NE ⁄4 lying Division, 1709 Jackson Street, Omaha, northeasterly of Joshua Tree National alternatives for deer management in the Part boundary. Nebraska 68102; Niobrara/Missouri park, and will identify one of them as T. 3S., R. 8E., surveyed National Scenic Riverways a preferred alternative. The final Sec. 18, W1⁄2 NE1⁄4 NW1⁄4, E1⁄2 NW1⁄4 Headquarters, 114 North 6th Street, decision will be made at least thirty NW1⁄4, W1⁄2 W1⁄2 W1⁄2 and Lots 3, 4, 9 O’Neill, Nebraska 68763–0591; Cherry days after release of the document. and 10. County Court House, County Clerk’s ALTERNATIVES CONSIDERED: (A) No Containing 2,742.20 acres, more or less. Office, 365 North Main Street, Action/Status Quo; (B) Reproductive Valentine, Nebraska; Keya Paha County Wilderness Unit 3 Intervention; (C) Population Court House, County Clerk’s Office, Management (reduction by Potential Wilderness Additions Court House Square, Springview, sharpshooting/capture and euthanasia); T. 4S., R. 11E., fractional township, Nebraska; Brown County Court House, (D) Combined Management (reduction, Sec 10, unsurveyed, N1⁄4 NE1⁄4, SW1⁄4 NE1⁄4 County Clerk’s Office, 148 West 4th 1 reproductive intervention when and NW ⁄4; Street, Ainsworth, Nebraska; Rock feasible). Sec 11, unsurveyed, N1⁄2 NW1⁄4. County Court House, County Clerk’s FOR FURTHER INFORMATION CONTACT: Containing 360 acres, more or less. Office 400 State Street, Bassett, Superintendent, Cuyahoga Valley Wilderness Unit 6 Nebraska. Maps are also available in six public libraries as follows: Ainsworth, National Recreation Area, 15610 Potential Wilderness Additions Atkinson, Bassett, Norfolk, Stuart, and Vaughn Road, Brecksville, Ohio 44141, T 5S., R. 11E., surveyed Valentine. Please address any questions or telephone 216–546–5903. Sec. 36, E1⁄2 and E1⁄2 SW1⁄4. or requests to Superintendent at the Dated: May 15, 1997. Containing 400 acres, more or less. address given above. John P. Debo, Jr., Dated: April 18, 1997 Dated: May 19, 1997. Superintendent, Cuyahoga Valley National Deny Galvin, William W. Schenk, Recreation Area. Director, National Park Service. Field Director, Midwest Field Area. [FR Doc. 97–13769 Filed 5–23–97; 8:45 am] [FR Doc. 97–13770 Filed 5–23–97; 8:45 am] [FR Doc. 97–13764 Filed 5–23–97; 8:45 am] BILLING CODE 4310±70±P BILLING CODE 4310±70±M BILLING CODE 4310±70±P DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR National Park Service National Park Service National Park Service Dayton Aviation Heritage Commission; Niobrara National Scenic Riverway; Cuyahoga Valley National Recreation Notice of Meeting Availability Area; Notice of Availability AGENCY: National Park Service, Interior. AGENCY: National Park Service, Interior. AGENCY: National Park Service, Interior. ACTION: Notice of meeting. ACTION: Availability of final boundary ACTION: Notice of availability of SUMMARY: This notice sets the schedule map. environmental assessment and for the forthcoming meeting of the management plan for the white-tailed SUMMARY: In accordance with section Dayton Aviation Heritage Commission. deer. 3(b) of the Wild and Scenic Rivers Act Notice of this meeting is required under Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28731 the Federal Advisory Committee Act Michigan 49913–0471, or telephone INTERNATIONAL TRADE (Pub. L. 92–463). 906–337–3168. COMMISSION DATE, TIME, AND ADDRESS: Tuesday, June SUPPLEMENTARY INFORMATION: The Investigations Nos. 731±TA±757±759 3, 1997, 5:15 p.m. to 6:30 p.m., Keweenaw National Historical Park was Innerwest Priority Board conference (Final); Collated Roofing Nails From established by Public Law 102–543 on China, Korea, and Taiwan room, 1024 West Third Street, Dayton, October 27, 1992. Ohio 45407. Dated: May 13, 1997. AGENCY: United States International This business meeting will be open to Trade Commission. William W. Schenk, the public. Space and facilities to ACTION: Field Director, Midwest Field Area. Scheduling of the final phase of accommodate members of the public are antidumping investigations. limited and persons accommodated on [FR Doc. 97–13767 Filed 5–23–97; 8:45 am] a first-come, first-served basis. The BILLING CODE 4310±70±P SUMMARY: The Commission hereby gives Chairman will permit attendees to notice of the scheduling of the final address the Commission, but may phase of antidumping investigations restrict the length of presentations. An DEPARTMENT OF THE INTERIOR Nos. 731–TA–757–759 (Final) under section 735(b) of the Tariff Act of 1930 agenda will be available from the National Park Service Superintendent, Dayton Aviation, 1 (19 U.S.C. 1673d(b)) (the Act) to week prior to the meeting. Agenda for the June 11, 1997 Public determine whether an industry in the United States is materially injured or FOR FURTHER INFORMATION CONTACT: Meeting for the Advisory Commission threatened with material injury, or the William Gibson, Superintendent, for the San Francisco Maritime establishment of an industry in the Dayton Aviation, National Park Service, National Historical Park; Public United States is materially retarded, by P.O. Box 9280, Wright Brothers Station, Meeting Fort Mason Center, Building F reason of less-than-fair-value imports Dayton, Ohio 45409, or telephone 513– 10:00 AM±12:15 PM from China, Korea, and Taiwan of 225–7705. 1 10:00 AM collated roofing nails, provided for in SUPPLEMENTARY INFORMATION: The subheading 7317.00.55 of the Welcome—Neil Chaitin, Chairman Dayton Aviation Heritage Commission Harmonized Tariff Schedule of the was established by Public Law 102–419, Opening Remarks—Neil Chaitin, United States. October 16, 1992. Chairman William G. Thomas, For further information concerning Dated: May 13, 1997. Superintendent the conduct of this phase of the William W. Schenk, Approval of Minutes—February 12, investigations, hearing procedures, and rules of general application, consult the Field Director, Midwest Field Area. 1997 meeting Commission’s Rules of Practice and [FR Doc. 97–13766 Filed 5–23–97; 8:45 am] 10:15 AM Update—Programmatic Agreement Procedure, part 201, subparts A through BILLING CODE 4310±70±P E (19 CFR part 201), and part 207, between the Park, the State Historic subparts A and C (19 CFR part 207), as Preservation Officer, and the amended by 61 FR 37818, July 22, 1996. DEPARTMENT OF THE INTERIOR Advisory Council on Historic Preservation, regarding historical EFFECTIVE DATE: May 9, 1997. National Park Service compliance issues within the Draft FOR FURTHER INFORMATION CONTACT: Fred General Management of 1996. Ruggles (202–205–3187), Office of Keweenaw National Historical Park Stephen Canright, Curator of Investigations, U.S. International Trade Advisory Commission; Notice of History Commission, 500 E Street SW, Meeting Washington, DC 20436. Hearing- 10:30 AM impaired persons can obtain AGENCY: National Park Service, Interior. Update—Haslett Warehouse, William information on this matter by contacting ACTION: Notice of meeting. G. Thomas, Superintendent the Commission’s TDD terminal on 202– 10:40 AM 205–1810. Persons with mobility SUMMARY: This notice announces an Update—General Management Plan, impairments who will need special upcoming meeting of the Keweenaw William G. Thomas assistance in gaining access to the National Historical Park Advisory 10:50 AM Commission should contact the Office Commission. Notice of this meeting is of the Secretary at 202–205–2000. Status—Space needs, 2nd floor required under the Federal Advisory General information concerning the building E, William G. Thomas Committee Act (Pub. L. 92–463). Commission may also be obtained by DATES: Tuesday, June 3, 1997; 8:30 a.m. 11:00 AM accessing its internet server (http:// until 4:30 p.m. Status—Ship Preservation Update, www.usitc.gov or ftp://ftp.usitc.gov). ADDRESSES Wayne Boykin and Staff : Keweenaw National SUPPLEMENTARY INFORMATION: Historical Park Headquarters, 100 Red 11:45 AM Jacket Road (second floor), Calumet, WAPAMA—Status of Alarm System Background Michigan 49913–0471. This meeting is Marc Hayman, Chief IRM The final phase of these investigations open to the public. We will begin with 11:55 AM is being scheduled as a result of the Chairman’s welcome; minutes of the Public comments and questions previous meeting; update on the general 1 For purposes of these investigations, Commerce management plan; update on park 12:15 PM has defined the subject merchandise as ‘‘collated 13 activities; old business; new business; Agenda items/Date for next meeting roofing nails made of steel, having a length of ⁄16 inch to 113⁄16 inches (or 20.64 to 46.04 millimeters), next meeting date; adjournment. William G. Thomas, a head diameter of 0.330 inch to 0.415 inch (or 8.38 FOR FURTHER INFORMATION CONTACT: Superintendent. to 10.54 millimeters), and a shank diameter of 0.100 inch to 0.125 inch (or 2.54 to 3.18 millimeters), Superintendent, Keweenaw National [FR Doc. 97–13765 Filed 5–23–97; 8:45 am] whether or not galvanized, that are collated with Historical Park, P.O. Box 471, Calumet, BILLING CODE 4310±70±P two wires.’’ 28732 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices affirmative preliminary determinations Hearing sections 201.6, 207.3, and 207.7 of the by the Department of Commerce that Commission’s rules. imports of collated roofing nails from The Commission will hold a hearing In accordance with sections 201.16(c) China, Korea, and Taiwan are being sold in connection with the final phase of and 207.3 of the Commission’s rules, in the United States at less than fair these investigations beginning at 9:30 each document filed by a party to the value within the meaning of section 733 a.m. on September 30, 1997, at the U.S. investigations must be served on all of the Act (19 U.S.C. § 1673b). The International Trade Commission other parties to the investigations (as investigations were requested in a Building. Requests to appear at the identified by either the public or BPI petition filed on November 26, 1996, by hearing should be filed in writing with service list), and a certificate of service the Paslode Division of Illinois Tool the Secretary to the Commission on or must be timely filed. The Secretary will Works Inc., Vernon Hills, IL. before September 23, 1997. A nonparty not accept a document for filing without who has testimony that may aid the a certificate of service. Participation in the Investigations and Commission’s deliberations may request Public Service List Authority: These investigations are being permission to present a short statement conducted under authority of title VII of the at the hearing. All parties and Tariff Act of 1930; this notice is published Persons, including industrial users of nonparties desiring to appear at the the subject merchandise and, if the pursuant to section 207.21 of the hearing and make oral presentations Commission’s rules. merchandise is sold at the retail level, should attend a prehearing conference representative consumer organizations, Issued: May 20, 1997. to be held at 9:30 a.m. on September 25, By order of the Commission. wishing to participate in the final phase 1997, at the U.S. International Trade of these investigations as parties must Donna R. Koehnke, Commission Building. Oral testimony Secretary. file an entry of appearance with the and written materials to be submitted at [FR Doc. 97–13783 Filed 5–23–97; 8:45 am] Secretary to the Commission, as the public hearing are governed by provided in section 201.11 of the sections 201.6(b)(2), 201.13(f), and BILLING CODE 7020±02±P Commission’s rules, no later than 21 207.24 of the Commission’s rules. days prior to the hearing date specified Parties must submit any request to in this notice. A party that filed a notice INTERNATIONAL TRADE present a portion of their hearing COMMISSION of appearance during the preliminary testimony in camera no later than 7 phase of the investigations need not file days prior to the date of the hearing. [Inv. No. 337±TA±398] an additional notice of appearance during this final phase. The Secretary Written Submissions In the Matter of Certain Multiple will maintain a public service list Implement, Multi-Function Pocket containing the names and addresses of Each party who is an interested party Knives and Related Packaging and all persons, or their representatives, shall submit a prehearing brief to the Promotional Materials; Notice of who are parties to the investigations. Commission. Prehearing briefs must Investigation conform with the provisions of section Limited Disclosure of Business 207.23 of the Commission’s rules; the AGENCY: U.S. International Trade Proprietary Information (BPI) Under an deadline for filing is September 24, Commission. Administrative Protective Order (APO) 1997. Parties may also file written ACTION: Institution of investigation and BPI Service List testimony in connection with their pursuant to 19 U.S.C. 1337. presentation at the hearing, as provided Pursuant to section 207.7(a) of the in section 207.24 of the Commission’s SUMMARY: Notice is hereby given that a Commission’s rules, the Secretary will rules, and posthearing briefs, which complaint was filed on March 13, 1997, make BPI gathered in the final phase of must conform with the provisions of under section 337 of the Tariff Act of these investigations available to section 207.25 of the Commission’s 1930, as amended, 19 U.S.C. 1337, on authorized applicants under the APO rules. The deadline for filing behalf of Swiss Army Brands, Inc. and issued in the investigations, provided posthearing briefs is October 8, 1997; Swiss Army Brand Ltd., One Research that the application is made no later witness testimony must be filed no later Drive, Shelton, Connecticut 06484 and than 21 days prior to the hearing date than three days before the hearing. In Precise Imports Corporation (d/b/a specified in this notice. Authorized addition, any person who has not Precise International), 15 Corporate applicants must represent interested entered an appearance as a party to the Drive, Orangeburg, New York 10962– parties, as defined by 19 U.S.C. 1677(9), investigations may submit a written 2625. Supplements to the Complaint who are parties to the investigations. A statement of information pertinent to were filed on March 21, 1997, March 27, party granted access to BPI in the the subject of the investigations on or 1997, and April 29, 1997, and preliminary phase of the investigations before October 8, 1997. On October 27, amendments were filed on March 28, need not reapply for such access. A 1997, the Commission will make 1997 and May 8, 1997. The Complaint, separate service list will be maintained available to parties all information on as amended and supplemented, alleges by the Secretary for those parties which they have not had an opportunity a violation of section 337 in the authorized to receive BPI under the to comment. Parties may submit final importation into the United States, the APO. comments on this information on or sale for importation, and the sale within Staff Report before October 29, 1997, but such final the United States after importation of comments must not contain new factual certain multiple implement, multi- The prehearing staff report in the final information and must otherwise comply function pocket knives and related phase of these investigations will be with section 207.30 of the Commission’s packaging and promotional materials by placed in the nonpublic record on rules. All written submissions must reason of (a) infringement of common September 17, 1997, and a public conform with the provisions of section law trademarks in the words ‘‘Swiss version will be issued thereafter, 201.8 of the Commission’s rules; any Army’’ and in a cross-and-shield design, pursuant to section 207.22 of the submissions that contain BPI must also (b) infringement of U.S. Trademark Commission’s rules. conform with the requirements of Registration Nos. 1,734,665, 1,715,093, Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28733

1,636,710, 1,636,849, 1,636,878, 1,636,710, and 1,636,849, (iv) passing considered by the Commission if 1,636,915, 1,636,955, 1,642,001, and off, and (v) false representation of received not later than 20 days after the 1,642,224, (c) dilution of the ‘‘SWISS source, the threat or effect of which is date of service by the Commission of the ARMY’’ common law and registered to destroy or substantially injure an complaint and the notice of trademarks and dilution of the cross- industry in the United States; and investigation. Extensions of time for and-shield common law and registered (b) Whether there is a violation of submitting responses to the complaint trademarks, (d) infringement of subsection (a)(1)(C) of section 337 in the will not be granted unless good cause Complainants’ trade dress, (e) passing importation into the United States, the therefor is shown. off, and (f) false designation of origin. sale for importation, or the sale within Failure of a respondent to file a timely The Complaint also alleges that there the United States after importation of response to each allegation in the exists a domestic industry with respect certain multiple implement, multi- complaint and in this notice may be to the asserted intellectual property. The function pocket knives and related deemed to constitute a waiver of the Complaint further alleges that the threat packaging and promotional materials by right to appear and contest the or effect of the proposed Respondents’ reason of infringement of U.S. allegations of the complaint and this unfair acts is to destroy or substantially Registered Trademark Nos. 1,734,665, notice, and to authorize the injure that domestic industry. 1,715,093, 1,636,710, and 1,636,849. administrative law judge and the The complainant requests that the (2) For the purpose of the Commission, without further notice to Commission institute an investigation investigation so instituted, the following the respondent, to find the facts to be as and, after a hearing, issue a permanent are hereby named as parties upon which alleged in the complaint and this notice exclusion order and permanent cease this notice of investigation shall be and to enter both an initial and desist orders. served: determination and a final determination ADDRESSES: The complaint, except for (a) The complainants are— containing such findings, and may any confidential information contained Swiss Army Brands, Inc., One Research result in the issuance of a limited therein, is available for inspection Drive, Shelton, Connecticut 06484 exclusion order or a cease and desist during official business hours (8:45 a.m. Swiss Army Brand Ltd., One Research order or both directed against such to 5:15 p.m.) in the Office of the Drive, Shelton, Connecticut 06484 respondent. Secretary, U.S. International Trade Precise Imports Corporation, d/b/a Issued: May 20, 1997. Precise International, 15 Corporate Commission, 500 E Street, S.W., Room By order of the Commission. Drive, Orangeburg, NY 10962–2625 112, Washington, D.C. 20436, telephone Donna R. Koehnke, (b) The respondents are the following 202–205–2000. Hearing-impaired Secretary. individuals are advised that information companies alleged to be in violation of [FR Doc. 97–13782 Filed 5–23–97; 8:45 am] on this matter can be obtained by section 337, and are the parties upon contacting the Commission’s TDD which the complaint is to be served: BILLING CODE 7020±02±P terminal on 202–205–1810. Arrow Trading Co., Inc., 1115 FOR FURTHER INFORMATION CONTACT: Kent Broadway, New York, NY 10010 R. Stevens, Esq., Office of Unfair Import Ewins Hardware Pte. Ltd., Block 6, 154 DEPARTMENT OF JUSTICE Investigations, U.S. International Trade Tagore Lane, Singapore 2678 Commission, telephone 202–205–2579. China Light Industrial Products, Import Office of Justice Programs and Export Co., 209 Yuan Ming Yuan Authority: The authority for institution of Road, Shanghai 200002, People’s Office of Juvenile Justice and this investigation is contained in section 337 Delinquency Prevention of the Tariff Act of 1930, as amended, and Republic of China International Branded Cutlery, Inc., 98 in section 210.10 of the Commission’s Rules Agency Information Collection of Practice and Procedure, 19 C.F.R. 210.10. Cuttermill Road, Great Neck, NY 11021 Activities: Proposed Collection; Scope of Investigation Thomas Jewelers, 73 North Main Street, Comment Request Having considered the complaint, the Logan, Utah 84321 ACTION: Notice of information collection U.S. International Trade Commission, Sapp Brothers, 2914 Upland Parkway, under review; 1996 National Youth on May 19, 1997, Ordered that— Sidney, Nebraska 69162 Gang Survey. (1) Pursuant to subsection (b) of (c) Kent R. Stevens, Esq., Office of section 337 of the Tariff Act of 1930, as Unfair Import Investigations, U.S. The proposed information collection amended, an investigation be instituted International Trade Commission, 500 E is published to obtain comments from to determine: Street, S.W., Room 401-L, Washington, the public and affected agencies. (a) Whether there is a violation of D.C. 20436, shall be the Commission Comments are encouraged and will be subsection (a)(1)(A) of section 337 in the investigative attorney, party to this accepted until July 28, 1997. This importation into the United States, the investigation; and process is conducted in accordance with sale for importation, or the sale within (3) For the investigation so instituted, 5 CFR 1320.10. the United States after importation of the Honorable Paul J. Luckern is Request written comments and certain multiple implement, multi- designated as the presiding suggestions from the public and affected function pocket knives and related administrative law judge. agencies concerning the proposed packaging and promotional materials by Responses to the complaint and the collection of information. Your reason of (i) infringement of common notice of investigation must be comments should address one or more law trademarks in the words ‘‘Swiss submitted by the named respondents in of the following four points: Army’’ and in a cross-and-shield design, accordance with section 210.13 of the 1. Evaluate whether the proposed (ii) misappropriation of trade dress, (iii) Commission’s Rules of Practice and collection of information is necessary dilution of common law trademarks in Procedure, 19 C.F.R. 210.13. Pursuant to for the proper performance of the the words ‘‘Swiss Army’’ and in a cross- sections 201.16(d) and 210.13(a) of the functions of the agency, including and-shield design and of U.S. Registered Commission’s Rules, 19 C.F.R. 201.16(d) whether the information will have Trademark Nos. 1,734,665, 1,715,093, and 210.13(a), such responses will be practical utility; 28734 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

2. Evaluate the accuracy of the 6. An estimate of the total public including the validity of the agencies estimate of the burden of the burden (in hours) associated with the methodology and assumptions used; proposed collection of information, collection: 1000 hours. * Enhance the quality, utility, and including the validity of the If additional information is required clarity of the information to be methodology and assumptions used; contact: Mr. Robert B. Briggs, Clearance collected; and 3. Enhance the quality, utility, and Officer, United States Department of * Minimize the burden of the clarity of the information to be Justice, Information Management and collection of information on those who collected; and Security Staff, Justice Management are to respond, including through the 4. Minimize the burden of the Division, Suite 850, Washington Center, use of appropriate automated, collection of information on those who 1001 G Street, NW., Washington, DC electronic, mechanical, or other are to respond, including through the 20530. technological collection techniques or other forms of information technology, use of appropriate automated, Dated: May 20, 1997. e.g., permitting electronic submissions electronic, mechanical, or other Robert B. Briggs, of responses. technological collection techniques or Department Clearance Officer, United States other forms of information technology, ADDRESSES: Mark Wolkow, Department Department of Justice. of Labor, Room S–4502 Frances Perkins e.g., permitting electronic submission of [FR Doc. 97–13684 Filed 5–23–97; 8:45 am] responses. Building, 200 Constitution Ave. NW, BILLING CODE 4410±18±M Washington, D.C. 20210; 202–219–8184 Comments and/or suggestions x123 (phone); 202–219–4975 (fax); regarding the item(s) contained in this mwolkowdol.gov (email). notice, especially regarding the DEPARTMENT OF LABOR estimated public burden and associated SUPPLEMENTARY INFORMATION: response time should be directed to Ms. Office of the Chief Financial Officer; I. Background: The Debt Collection D. Elen Grigg, Office of Juvenile Justice Proposed Collection; Comment Act of 1982 and the Office of Personnel and Delinquency Prevention (phone Request Management salary offset regulations, as number and address listed below). If implemented in the Department by 29 you have additional comments, ACTION: Notice. CFR part 20, require Federal agencies to suggestions, or need a copy of the afford debtors the opportunity to SUMMARY: The Department of Labor, as proposed information collection exercise certain rights before the agency part of its continuing effort to reduce instrument with instructions, or makes a salary offset to collect a debt. paperwork and respondent burden additional information, please contact In the exercise of these rights, the debtor conducts a preclearance consultation Ms. D. Elen Grigg, (202) 616–3651, may be asked to provide a written program to provide the general public Office of Juvenile Justice and explanation of the basis for disputing and Federal agencies with an Delinquency Prevention, Room 742, 633 the amount or existence of a debt opportunity to comment on proposed Indiana Avenue, NW, Washington, DC alleged owed the agency. A debtor may and/or continuing collections of 20531. also be required to provide asset, information in accordance with the Overview of this information income, liability, or other information Paperwork Reduction Act of 1995 collection: necessary for the agency to determine (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This 1. Type of information collection: the debtor’s ability to repay the debt, program helps to ensure that requested New Collection. including any interest, penalties and data can be provided in the desired administrative costs assessed. 2. The title of the form/collection: format, reporting burden (time and 1996 National Youth Gang Survey. Information provided by the debtor financial resources) is minimized, will be evaluated by an independent 3 The agency form number, if any, collection instruments are clearly and the applicable component of the hearing official in order to reconsider understood, and the impact of collection the responsible agency official’s Department sponsoring the collection: requirements on respondents can be None: Office of Juvenile Justice and decision with regard to the existence or properly assessed. Currently, the Office amount of the debt. Information Delinquency Prevention, Office of of the Chief Financial Officer is Justice Programs, United States concerning the debtor’s assets, income, soliciting comments concerning the liabilities, etc., will be used by the Department of Justice. proposed extension of Department of 4. Affected public who will be asked independent hearing official to Labor regulations implementing the determine whether the agency’s action or required to respond, as well as a brief Salary Offset provision of the Debt abstract: Primary: State or Local law with regard to salary would create Collection Act of 1982. undue financial hardship for the debtor, enforcement agencies (mainly police DATES: Written comments must be and sheriff’s departments, and in rare or to determine whether the agency submitted to the office listed in the should accept the debtor’s proposed cases, state law enforcement agencies). addressee section below on or before Other: None. repayment schedule. July 28, 1997. If a debtor disputes or asks for Abstract: This collection will gather The Department of Labor is reconsideration of the agency’s information related to youth and their particularly interested in comments determination concerning the debt, the activities for research and assessment which: debtor will be required to provide the purposes. * Evaluate whether the proposed information or documentation necessary 5. An estimate of the total number of collection of information is necessary to state his/her case. While much or all respondents and the amount of time for the proper performance of the of this information might be available in estimated for an average respondent to functions of the agency, including agency records, it would only be respond: whether the information will have appropriate to offer the debtor the Survey-Version A: 4,000 respondents: practical utility; opportunity to supply any information 5 minutes to respond. * Evaluate the accuracy of the deemed relevant to his/her case. Survey-Version B: 4,000 respondents: agency’s estimate of the burden of the Information concerning the debtor’s 10 minutes to respond. proposed collection of information, assets, income, liabilities, etc., would Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28735 typically not be available to the agency Dated: May 20, 1997. participants. Visitors will be requested unless submitted by the debtor. Mark M. Wolkow, to sign a visitors register. II. Current Actions: Failure of the Financial Systems Analyst. Dated: May 20, 1997. agency to request the information [FR Doc. 97–13800 Filed 5–23–97; 8:45 am] Leslie M. Nolan, described would either violate the BILLING CODE 4510±23±M Advisory Committee Management Officer. debtor’s rights under the Debt Collection [FR Doc. 97–13814 Filed 5–23–97; 8:45 am] Act of 1982 or limit the agency’s ability BILLING CODE 7510±01±M to collect outstanding debts. NATIONAL AERONAUTICS AND If a debtor wishes to appeal an agency SPACE ADMINISTRATION action based on undue financial [Notice 97±073] NATIONAL ARCHIVES AND RECORDS hardship, he/she may be asked to ADMINISTRATION submit information on his/her assets, NASA Advisory Council, Aeronautics income, liabilities, or other information and Space Transportation Technology Records Schedules; Availability and considered necessary by the hearing Advisory Committee, Air Traffic Request for Comments official for evaluating the appeal. Use of Management Research and the information will be explained to the AGENCY: National Archives and Records Development Executive Steering Administration, Office of Records debtor when it is requested; consent to Committee; Meeting use the information for the specified Services. purpose will be implied from the AGENCY: National Aeronautics and ACTION: Notice of availability of debtor’s submission of the information. Space Administration. proposed records schedules; request for III. Type of Review: Extension without ACTION: Notice of meeting. comments. change. SUMMARY: SUMMARY: In accordance with the The National Archives and IV. Agency: Office of the Chief Federal Advisory Committee Act, Public Records Administration (NARA) Financial Officer. Law 92–463, as amended, the National publishes notice at least once monthly V. Title: Salary Offset. Aeronautics and Space Administration of certain Federal agency requests for VI. OMB Number: 1225–0038. announces a NASA Advisory Council, records disposition authority (records schedules). Records schedules identify VII. Agency Number: N/A. Aeronautics and Space Transportation records of sufficient value to warrant VIII. Affected Public: Federal Technology Advisory Committee, Air Traffic Management Research and preservation in the National Archives of employees. the United States. Schedules also IX. Cite/Reference/Form/etc: It is Development Executive Steering Committee meeting. authorize agencies after a specified estimated that 25% of the individuals period to dispose of records lacking DATES: indebted to the Department will contest June 11 and 12, 1997, 8:00 a.m. administrative, legal, research, or other the proposed collection action and will to 5:30 p.m. value. Notice is published for records request a review and/or appeal an action ADDRESSES: National Aeronautics and schedules that propose the destruction based on undue financial hardship. In Space Administration, Ames Research of records not previously authorized for some cases the debtor will make one Center, Building 262, Room 100, Moffett disposal, or reduce the retention period request, but not the other. However, in Field, CA 94035. for records already authorized for most cases, it is expected that the debtor FOR FURTHER INFORMATION CONTACT: disposal. NARA invites public will request both actions—first, review Mr. Herbert W. Schlickenmaier, comments on such schedules, as of the determination of indebtedness, National Aeronautics and Space required by 44 U.S.C. 3303a(a). and second, relief because of undue Administration, Headquarters, DATES: Requests for copies must be financial hardship. Washington, DC 20546, 202/358–4638. received in writing on or before June 11, Annual burden was estimated based SUPPLEMENTARY INFORMATION: The 1997. Once the appraisal of the records on a review of debtor responses to meeting will be open the public up to is completed, NARA will send a copy of similar requests for information. Debtors the seating capacity of the room. Agenda the schedule. The requester will be typically respond in 1–2 page letters, topics for the meeting are as follows:. given 30 days to submit comments. supplemented by copies of documents. —FAA reports on the National Airspace ADDRESSES: Address requests for single Letters are most often typewritten. System (NAS) Operational Concept copies of schedules identified in this 1 Annual burden is based on a 1 ⁄4 hour for 2005; NAS Architecture; and notice to the Civilian Appraisal Staff time allotment to prepare and type a Flight 2000 (NWRC), National Archives and Records letter. Debtors will not be asked to —Reports on Industry-Government Administration, College Park, MD respond on a form. ‘‘Communications Navigation and 20740–6001. Requesters must cite the X. Estimated Total Burden Hours: Surveillance (CNS)/Air Traffic control number assigned to each 375. Management (ATM) Focus Team’’ schedule when requesting a copy. The XI. Estimated Total Burden Cost: —Report from the FAA–NASA control number appears in the Estimated annual cost to the Federal Interagency Air Traffic Management parentheses immediately after the name Government: $31,485. Integrated Product Team of the requesting agency. Estimated annual cost to the respondents: —NASA reports on Advanced Air FOR FURTHER INFORMATION CONTACT: $8,136. Traffic Technology and Terminal Area Michael L. Miller, Director, Records Comments submitted in response to —Productivity elements of Advanced Management Programs, National this comment request will be Subsonic Technology program; and Archives and Records Administration, summarized and/or included in the related on-going ATM-related 8601 Adelphi Road, College Park, MD request for Office of Management and research and technology 20740–6001, telephone (301) 713–7110. Budget approval of the information It is imperative that the meeting be SUPPLEMENTARY INFORMATION: Each year collection request; they will also held on these dates to accommodate the U.S. Government agencies create become a matter of public record. scheduling priorities of the key billions of records on paper, film, 28736 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices magnetic tape, and other media. In order Dated: May 16, 1997. Place: National Science Foundation, 4201 to control this accumulation, agency Michael J. Kurtz, Wilson Boulevard, Room 390, Arlington, Va records managers prepare records Assistant Archivist, for Record Services— 22230. Washington, DC. Type of Meeting: Closed. schedules specifying when the agency Contact Person: H. Frederick Bowman, no longer needs the records and what [FR Doc. 97–13686 Filed 5–23–97; 8:45 am] Program Director, Biomedical Engineering happens to the records after this period. BILLING CODE 7515±01±P and Research to Aid Persons with Some schedules are comprehensive and Disabilities, Division of Bioengineering and cover all the records of an agency or one Environmental Systems, National Science Foundation, 4201 Wilson Boulevard, of its major subdivisions. These NATIONAL SCIENCE FOUNDATION comprehensive schedules provide for Arlington, VA 22230, Telephone: (703) 306– 1318. the eventual transfer to the National Advisory Panel for Anthropological Purpose of Meeting: To provide advice and Archives of historically valuable records and Geographic Sciences; Notice of recommendations concerning proposals and authorize the disposal of all other Meeting submitted to NSF for financial support. records. Most schedules, however, cover Agenda: To review and evaluate proposals records of only one office or program or In accordance with the Federal as part of the selection process for awards. a few series of records, and many are Advisory Committee Act (Pub. L. 92– Reason for Closing: The proposals being 463, as amended), The National Science updates of previously approved reviewed include information of a Foundation (NSF) announces the proprietary or confidential nature, including schedules. Such schedules also may following meeting: technical information; financial data, such as include records that are designated for salaries; and personal information permanent retention. Name: Advisory Panel for Anthropological concerning individuals associated with the and Geographic Sciences (1757). proposals. These matters are exempt under 5 Destruction of records requires the Date & Time: June 13, 1997 8:30 a.m.—5:00 approval of the Archivist of the United U.S.C. 552b(c), (4) and (6) of the Government p.m. in the Sunshine Act. States. This approval is granted after a Place: National Science Foundation, Dated: May 20, 1997. thorough study of the records that takes Stafford Place, 4201 Wilson Boulevard, Room into account their administrative use by 320, Arlington, VA 22230. M. Rebecca Winkler, the agency of origin, the rights of the Contact Person: Dr. John E. Yellen Program Committee Management Officer. Director for SBER/MRI Instrumentation, [FR Doc. 97–13733 Filed 5–23–97; 8:45 am] Government and of private persons National Science Foundation, 4201 Wilson directly affected by the Government’s Boulevard, Arlington, VA 22230. Telephone: BILLING CODE 7555±01±M activities, and historical or other value. (703) 306–1759. This public notice identifies the Type of Meeting: Closed. Purpose of Meeting: To provide advice and NATIONAL SCIENCE FOUNDATION Federal agencies and their subdivisions recommendations concerning support for requesting disposition authority, research proposals submitted to the NSF for Special Emphasis Panel in the Division includes the control number assigned to financial support. of Electrical and Communications each schedule, and briefly describes the Agenda: To review and evaluate SBER/MRI Systems; Notice of Meetings records proposed for disposal. The Instrumention proposals as part of the records schedule contains additional selection process for awards. This notice is being published in information about the records and their Reason for Closing: The proposals being accord with the Federal Advisory reviewed include information of a Committee Act (Pub. L. 92–463, as disposition. Further information about proprietary of confidential nature, including the disposition process will be amended). During the period June 1 technical information; financial data, such as through June 30, 1997, the Special furnished to each requester. salaries; and personal information concerning individuals associated with the Emphasis Penal will be holding panel Schedules Pending proposals. These matters are exempt under 5 meetings to review and evaluate research proposals. The dates, contact 1. Department of Health and Human U.S.C. 552b(c)(4) and (6) of the Government in the Sunshine Act. person, and types of proposals are as Services, Centers for Disease Control Dated: May 21, 1997. follows: and Prevention (N1–442–97–1). Comprehensive schedule for records of M. Rebecca Winkler, Special Emphasis Panel in the Division of Electrical and Communications System the National Immunization Program. Committee Management Officer. [FR Doc. 97–13795 Filed 5–23–97; 8:45 am] (1196) 2. General Services Administration, BILLING CODE 7555±01±M 1. Date: June 16–17, 1997. Public Buildings Service (N1–121–96– Contact: Radhakishan Baheti, Program 1). Physical security records, and safety Director, Knowledge, Modeling and and environmental records. NATIONAL SCIENCE FOUNDATION Computational Intelligence, Division of Electrical and Communications Systems, 3. General Services Administration, Special Emphasis Panel in Room 675, 703–306–1339. Federal Supply Service (N1–137–96–2). Type of Proposal: Knowledge, Modeling Fleet management and motor vehicle Bioengineering and Environmental and Computational Intelligence. Systems; Notice of Meeting records. 2. Date: June 19–20, 1997. 4. Office of Government Ethics (N1– In accordance with the Federal Contact: Radhakishan Baheti, Program Advisory Committee Act (Pub. L. 92– Director, Knowledge, Modeling and 522–97–1). Records of the Office of the Computational Intelligence, Division of Director (substantive program records 463, as amended), the National Science Electrical and Communications Systems, are scheduled for permanent retention). Foundation announces the following Room 675, 703–306–1339. meeting: 5. Panama Canal Commission (N1– Type of Proposal: Knowledge, Modeling 185–97–11). Personnel Management Name: Special Emphasis Panel in and Computational Intelligence. records. Bioengineering and Environmental Systems 3. Date: June 19–20, 1997. (No. 1189). Contact: Deborah Crawford, Program 6. Tennessee Valley Authority (N1– Date and Time: June 10–11, 1997; 8:00 Director Physical Foundation and Enabling 142–97–4). Employee benefits records. am—5:00 pm. Technologies, Division of Electrical and Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28737

Communications Systems, Room 675, 703– 4. Follow up on development of a strategic Date & Time: Thursday, June 26–Friday, 306–1339. plan for the Committee and other items from June 27, 1997; 8:30 a.m.–5:00 p.m. Type of Proposal: Physical Foundation and previous meetings. Place: Room 730, National Science Enabling Technologies. Dated: May 20, 1997. Foundation, 4201 Wilson Blvd., Arlington, Times: 8:30 to 5:00 p.m. each day. M. Rebecca Winkler, VA. Place: National Science Foundation, 4201 Type of Meeting: Closed. Committee Management Officer. Wilson Blvd., Arlington, Va. Contact Person: Dr. Bruce Malfait, Program Type of Meetings: Closed. [FR Doc. 97–13734 Filed 5–23–97; 8:45 am] Director, Ocean Drilling Program, National Purpose of Meetings: To provide advice BILLING CODE 7555±01±M Science Foundation, 4201 Wilson Blvd., and recommendations concerning proposals Arlington, VA 22230. Telephone: (703) 306– submitted to NSF for financial support. 1581. Agenda: To review and evaluate proposals NATIONAL SCIENCE FOUNDATION Purpose of Meeting: To provide advice and submitted to the Division as part of the recommendations concerning proposals selection process for awards. Advisory Committee for Geosciences; submitted to NSF for financial support. Reason for Closing: The proposals being Committee of Visitors; Notice of Agenda: To review and evaluate Ocean reviewed include information of a Meeting Drilling Program proposals as part of the proprietary or confidential nature, including selection process for awards. technical information; financial data, such as Reason for Closing: The proposal being salaries, and personal information In accordance with the Federal Advisory Committee Act (Pub. L. 92– reviewed include information of a concerning individuals associated with the proprietary or confidential nature, including proposals. These matters are exempt under 5 463, as amended), the National Science technical information; financial data, such as U.S.C. 552b(c) (4) and (6) of the Government Foundation announces the following salaries; and personal information in the Sunshine Act. meeting: concerning individuals associated with the Dated: May 20, 1997. Name: Advisory Committee for proposals. These matters are exempt under 5 M. Rebecca Winkler, Geosciences; Committee of Visitors (#1755). U.S.C. 552b(c), (4) and (6) of the Government Committee Management Officer. Date and Time: June 19–20, 1997 from 8:30 in the Sunshine Act. [FR Doc. 97–13736 Filed 5–23–97; 8:45 am] am to 5:00 pm. Dated: May 21, 1997. Place: Room 380, NSF, 4201 Wilson M. Rebecca Winkler, BILLING CODE 7555±01±M Boulevard, Arlington, Va. Committee Management Officer. Type of Meeting: Closed. Contact Person: Dr. Michael Mayhew, [FR Doc. 97–13794 Filed 5–23–97; 8:45 am] NATIONAL SCIENCE FOUNDATION Division of Earth Sciences, National Science BILLING CODE 7555±01±M Foundation, 4201 Wilson Boulevard, Committee on Equal Opportunities in Arlington, VA 22230. Telephone: (703) 306– Science and Engineering; Notice of 1557. NATIONAL SCIENCE FOUNDATION Meeting Purpose of Meeting: To carry out Committee of Visitors (COV) review, Special Emphasis Panel in Graduate In accordance with the Federal including examination of decisions on Education; Notice of Meeting Advisory Committee Act, Public Law proposals, reviewer comments, and other 92–463, as amended, the National privileged materials. In accordance with the Federal Science Foundation announces the Agenda: To provide oversight review of the Advisory Committee Act (Pub. L. 92– following meeting: education and human resource activities in all divisions of the Directorate for 463, as amended), the National Science Name: Committee on Equal Opportunities Geosciences. Foundation announces the following in Science and Engineering (1173). Reason for Closing: The meeting is closed meeting: Date & Time: June 11–12, 1997; 12:00 p.m. to the public because the Committee is to 5:30 p.m. and 8:30 a.m. to 5:00 p.m. Name: Special Emphasis Panel in Graduate reviewing proposal actions that include Place: Room 1235, National Science Education (57). privileged intellectual property and personal Foundation, 4201 Wilson Blvd., Arlington, Date and Time: June 12–13, 1997; 8:00 a.m. Va. information that could harm individuals if to 5:00 p.m. Type of Meeting: Open. they are disclosed. If discussions were open Place: NSF, Room 320, 4201 Wilson Blvd., Contact Person: Sue Kemnitzer, Executive to the public, these matters that are exempt Arlington, Va 22230. Secretary, Room 585, NSF, 4201 Wilson under 5 U.S.C. 552b(c) (4) and (6) of the Type of Meeting: Closed. Blvd., Arlington, Va. 22230. Phone: (703) Government in the Sunshine Act would be Contact Person: Dr. Sonia Ortega, Program 306–1382. improperly disclosed. Director, PFSMETE, Room 907N, National Minutes: May be obtained from the contact Dated: May 20, 1997. Science Foundation, 4201 Wilson Blvd., person at the above address. M. Rebecca Winkler, Arlington, Va. 22230, telephone (703) 306– Purpose of Meeting: To advise NSF on Committee Management Officer. 1697. policies and activities of the Foundation to Purpose of Meeting: To provide advice and [FR Doc. 97–13737 Filed 5–23–97; 8:45 am] encourage full participation of women, recommendations concerning proposals minorities, and persons with disabilities BILLING CODE 7555±01±M submitted to NSF for financial support. currently underrepresented in scientific, Agenda: To review and evaluate proposals engineering, professional, and technical submitted to the NSF Postdoctoral fields and to advise NSF concerning NATIONAL SCIENCE FOUNDATION Fellowships in Science, Mathematics, implementation of the provisions of the Engineering and Technology Education Science and Engineering Equal Opportunities Special Emphasis Panel in program as part of the selection process for Act. Geosciences; Notice of Meeting awards. Reason for Closing: The proposals being Agenda In accordance with the Federal reviewed include information of a 1. Congressional Report; Advisory Committee Act (Pub. L. 92– proprietary or confidential nature, including 2. Discussions with the Human Resource 463, as amended), the National Science technical information; financial data, such as Working Group, receive update on Merit Foundation announces the following salaries, and personal information Review Task Force, and briefing on concerning individuals associated with the Demographic Characteristics of NSF; meeting. proposals. The matters are exempt under 5 3. Discussion on Women, Minorities, and Name: Special Emphasis Panel in USC 552b(c) (4) and (6) of the Government Persons with Disabilities Report; Geosciences (1756). in the Sunshine Act. 28738 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

Dated: May 20, 1997. information under the provisions of the 26, 1997. Edward Michlovich, Office of M. Rebecca Winkler, Paperwork Reduction Act of 1995 (44 Information and Regulatory Affairs, Committee Management Officer. U.S.C. Chapter 35). (3150–0017, –0020, –0011, –0009, and [FR Doc. 97–13735 Filed 5–23–97; 8:45 am] 1. Type of submission, new, revision, –0132), NEOB–10202, Office of BILLING CODE 7555±01±M or extension: Revision. Management and Budget, Washington, 2. The title of the information DC 20503. collection: Proposed Rule, 10 CFR parts Comments can also be submitted by NATIONAL SCIENCE FOUNDATION 30, 40, 50, 70, and 72, Self-Guarantee of telephone at (202) 395–3084. Decommissioning Funding by Non- The NRC Clearance Officer is Brenda Advisory Committee for Polar Profit and Non-Bond Issuing Licensees. Jo. Shelton, (301) 415–7233. 3. The form number if applicable: Not Programs; Committee of Visitors; Dated at Rockville, Maryland, this 19th day Notice of Meeting applicable. of May, 1997. 4. How often the collection is In accordance with the Federal required: Annually and one-time For the Nuclear Regulatory Commission. Advisory Committee Act (Pub. L. 92– submittal of revised decommissioning Arnold E. Levin, 463, as amended), the National Science funding plan. Acting Designated Senior Official for Foundation announces the following 5. Who will be required or asked to Information Resources Management. meeting: report: Licensees opting to use self- [FR Doc. 97–13779 Filed 5–23–97; 8:45 am] Name: Advisory Committee for Polar guarantee. BILLING CODE 7590±01±P Programs (1130); Committee of Visitors. 6. An estimate of the number of Date and Time: June 24–25, 1997; 8:30 a.m. responses: 42. to 5:00 p.m. 7. The estimated number of annual NUCLEAR REGULATORY Place: Rm. 330, National Science respondents: 42. COMMISSION Foundation, 4201 Wilson Boulevard, 8. An estimate of the total number of Arlington, Va. hours needed annually to complete the Agency Information Collection Type of Meeting: Closed. requirement or request: 277 hours (6.6 Activities: Submission for OMB Contact Person: Dr. Erick Chiang, Acting hrs. per response). Review; Comment Request Deputy Director, Office of Polar Programs, 9. An indication of whether Section Rm. 755, National Science Foundation, 4201 AGENCY: U.S. Nuclear Regulatory 3507(d). Pub. L. 104–13 applies: Wilson Boulevard, Arlington, Va 22230. Commission (NRC). Telephone: (703) 306–1033. Applicable. ACTION: Notice of the OMB review of Purpose of Meeting: To carry out 10. Abstract: The proposed rule Committee of Visitors (COV) review, would establish self-guarantee as an information collection and solicitation including examination of decisions on additional voluntary mechanism for of public comment. proposals, reviewer comments, and other financial assurance by non-profit and SUMMARY: The NRC has recently privileged materials. non-bond issuing licensees if specified submitted to OMB for review the Agenda: To provide oversight review of the criteria are met. Arctic and Antarctic Science Program. Submit, by June 26, 1997, comments following proposal for the collection of Reason for Closing: The meeting is closed that address the following questions: information under the provisions of the to the public because the Committee is 1. Is the proposed collection of Paperwork Reduction Act of 1995 (44 reviewing proposal actions that will include U.S.C. Chapter 35). The NRC hereby privileged intellectual property and personal information necessary for the NRC to properly perform its functions? Does the informs potential respondents that an information that could harm individuals if agency may not conduct or sponsor, and they are disclosed. If discussions were open information have practical utility? to the public, these matters that are exempt 2. Is the burden estimate accurate? that a person is not required to respond under 5 U.S.C. 552b(c) (4) and (6) of the 3. Is there a way to enhance the to, a collection of information unless it Government in the Sunshine Act would be quality, utility, and clarity of the displays a currently valid OMB control improperly disclosed. information to be collected? number. Dated: May 20, 1997. 4. How can the burden of the 1. Type of submission, new, revision, M. Rebecca Winkler, information collection be minimized, or extension: extension. 2. The title of the information Committee Management Officer. including the use of automated collection techniques or other forms of collection: 10 CFR part 40, ‘‘Domestic [FR Doc. 97–13738 Filed 5–23–97; 8:45 am] information technology? Licensing of Source Material,’’ NRC BILLING CODE 7555±01±M A copy of the submittal may be Form 244, ‘‘Registration Certificate— viewed free of charge at the NRC Public Use of Depleted Uranium under General Document Room, 2120 L Street NW, License,’’ and NRC Form 484, NUCLEAR REGULATORY (lower level), Washington, DC. The ‘‘Domestic Monitoring Data Report.’’ COMMISSION proposed rule indicated in ‘‘The title of 3. The form number if applicable: the information collections’’ is or has NRC Form 244 and NRC Form 484. Documents Containing Reporting or been published in the Federal Register 4. How often the collection is Recordkeeping Requirements: Office within several days of the publication required: Reports required under 10 of Management and Budget (OMB) date of this Federal Register notice. CFR part 40 are collected and evaluated Review Instructions for accessing the electronic on a continuing basis as events occur. AGENCY: U.S. Nuclear Regulatory OMB clearance package for the There is a one-time submittal of Commission (NRC). rulemaking have been appended to the information to receive a license. ACTION: Notice of the OMB review of electronic rulemaking. Members of the Renewal applications need to be information collection and solicitation public may access the electronic OMB submitted every 5 to 10 years. of public comment. clearance package by following the Information in previous applications directions for electronic access provided may be referenced without being SUMMARY: The NRC has recently in the preamble to the titled rulemaking. resubmitted. In addition, recordkeeping submitted to OMB for review the Comments and questions should be must be performed on an on-going basis. following proposal for the collection of directed to the OMB reviewer by June NRC Form 244 is submitted when Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28739 depleted uranium is received or determination on whether the License Nos. NPF–41, NPF–51, and transferred under general license. NRC possession, use, and transfer of source NPF–74, issued to Arizona Public Form 484 is submitted biannually to and byproduct material is in Service Company (the licensee), for report groundwater data necessary to conformance with the Commission’s operation of the Palo Verde Nuclear implement EPA groundwater standards. regulations for protection of public Generating Station Unit Nos. 1, 2, and 5. Who will be required or asked to health and safety. 3, located in Maricopa County, Arizona. report: 10 CFR part 40: Applicants for A copy of the submittal may be Environmental Assessment and holders of NRC licenses authorizing viewed free of charge at the NRC Public the receipt, possession, use, or transfer Document Room, 2120 L Street, NW Identification of Proposed Action of radioactive source and byproduct (Lower Level), Washington, DC. The proposed action would exempt material. Members of the public who are in the Arizona Public Service Company from NRC Form 244: Persons receiving, Washington, DC, area can access the the requirements of 10 CFR 70.24, possessing, using, or transferring submittal via modem on the Public which requires a monitoring system that depleted uranium under the general Document Room Bulletin Board (NRC’s will energize clear audible alarms if license established in 10 CFR 40.25(a). Advanced Copy Document Library) NRC NRC Form 484: Uranium recovery accidental criticality occurs in each area subsystem at FedWorld, 703–321–3339. in which special nuclear material is facility licensees reporting groundwater Members of the public who are located monitoring data pursuant to 10 CFR handled, used, or stored. The proposed outside of the Washington, DC, area can action would also exempt the licensee 40.65. dial FedWorld, 1–800–303–9672, or use 6. An estimate of the number of from the requirements to maintain the FedWorld Internet address: emergency procedures for each area in responses: 10 CFR part 40: 447 for NRC fedworld.gov (Telnet). The document licensees and 311 for Agreement State which this licensed special nuclear will be available on the bulletin board material is handled, used, or stored to licensees. for 30 days after the signature date of NRC Form 244: 20 for NRC licensees ensure that all personnel withdraw to an this notice. If assistance is needed in area of safety upon the sounding of the and 40 for Agreement State licensees. accessing the document, please contact NRC Form 484: Included in 10 CFR alarm, to familiarize personnel with the the FedWorld help desk at 703–487– evacuation plan, and to designate Part 40, above. 4608. Additional assistance in locating 7. The estimated number of annual responsible individuals for determining the document is available from the NRC the cause of the alarm, and to place respondents: 10 CFR part 40: 156 for Public Document Room, nationally at 1– NRC licensees and 172 for Agreement radiation survey instruments in 800–397–4209, or within the accessible locations for use in such an State licensees. Washington, DC, area at 202–634–3273. NRC Form 244: 20 for NRC licensees emergency. Comments and questions should be and 40 for Agreement State licensees. The proposed action is in accordance directed to the OMB reviewer by June NRC Form 484: Included in 10 CFR with the licensee’s application for 26, 1997. Edward Michlovich, Office of Part 40, above. exemption dated March 28, 1997. 8. An estimate of the total number of Information and Regulatory Affairs The Need for the Proposed Action hours needed annually to complete the (3150–0020 and 3150–0031), NEOB– requirement or request: 10 CFR part 40: 10202, Office of Management and Power reactor license applicants are 26,049 hours for reporting requirements Budget, Washington, DC 20503. evaluated for the safe handling, use, and and 9,019 hours for recordkeeping Comments can also be submitted by storage of special nuclear material. The requirements, or a total of 35,068 hours telephone at (202) 395–3084. proposed exemption from criticality for NRC licensees; 28,083 hours for The NRC Clearance Officer is Brenda accident requirements is based on the reporting requirements and 9,398 hours Jo. Shelton, (301) 415–7233. original design for radiation monitoring for recordkeeping requirements, or a Dated at Rockville, Maryland, this 19th day at Palo Verde Nuclear Generating total of 37,481 hours for Agreement of May, 1997. Station, Unit Nos. 1, 2, and 3 (PVNGS) State licensees. For the Nuclear Regulatory Commission. as discussed in the NUREG–0857, NRC Form 244: 20 hours for NRC Arnold E. Levin, ‘‘Safety Evaluation Report Related to the licensees and 40 hours for Agreement Acting Designated Senior Official for Operation of Palo Verde Nuclear State licensees for reporting Information Resources Management. Generating Station, Units 1, 2, and 3.’’ requirements. [FR Doc. 97–13780 Filed 5–23–97; 8:45 am] The exemption was granted with the NRC Form 484: Included in 10 CFR BILLING CODE 7590±01±P original Part 70 license, for the PVNGS Part 40, above. units, but it expired with the issuance 9. An indication of whether Section of the Part 50 licenses when the 3507(d), Public Law 104–13 applies: Not NUCLEAR REGULATORY exemption was inadvertently not applicable. COMMISSION included in those licenses. Therefore, 10. Abstract: 10 CFR part 40 the exemption is needed to clearly establishes requirements for licenses for [Docket Nos. STN 50±528, STN±529, and define the design of the plant as STN±530] the receipt, possession, use, and transfer evaluated and approved for licensing. of radioactive source and byproduct Arizona Public Service Company; Palo material. NRC Form 244 is used to Environmental Impacts of the Proposed Verde Nuclear Generating Station, Unit Action report receipt and transfer of depleted Nos. 1, 2, and 3 Environmental uranium under general license, as Assessment and Finding of No The Commission has completed its required by 10 CFR part 40. NRC Form Significant Impact evaluation of the proposed action and 484 is used to report certain concludes that there is no significant groundwater monitoring data required The U.S. Nuclear Regulatory environmental impact if the exemption by 10 CFR part 40 for uranium recovery Commission (the Commission) is is granted. Inadvertent or accidental licensees. The application, reporting, considering issuance of an exemption criticality will be precluded through and recordkeeping requirements are from certain requirements of its compliance with the Palo Verde necessary to permit the NRC to make a regulations for Facility Operating Technical Specifications, the design of 28740 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices the fuel storage racks providing Alternatives to the Proposed Action NUCLEAR REGULATORY geometric spacing of fuel assemblies in COMMISSION their storage locations, and Since the Commission has concluded administrative controls imposed on fuel that there is no measurable Save Wills Creek Water Resources handling procedures. Technical environmental impact associated with Committee Receipt of Petition and Specifications requirements specify the proposed action, any alternatives Issuance of a Director's Decision reactivity limits for the fuel storage with equal or greater environmental Under 10 CFR 2.206 impact need not be evaluated. As an racks and minimum spacing between Notice is hereby given that by Petition alternative to the proposed exemption, the fuel assemblies in the storage racks. dated July 22, 1996, Sherwood Bauman, the staff considered denial of the Appendix A of 10 CFR Part 50,— on behalf of the Save Wills Creek Water requested exemption. Denial of the General Design Criteria for Nuclear Resources Committee, requested that the Power Plants, Criterion 62, requires the request would result in no change in Nuclear Regulatory Commission criticality in the fuel storage and current environmental impacts. The (Commission) take action with regard to handling system shall be prevented by environmental impacts of the proposed Shieldalloy Metallurgical Corporation physical systems or processes, action and the alternative action are and Foote Mineral Company (now preferably by use of geometrically-safe similar. Cyprus Foote Mineral Company). configurations. This is met at PVNGS, as Alternative Use of Resources Specifically, the Petitioner requested identified in the Technical NRC to take the following actions: Specifications and the Updated Final This action does not involve the use (1) NRC should reinstate Foote Mineral’s Safety Analysis Report (UFSAR). of any resources not previously original license so that Shieldalloy and PVNGS Technical Specifications considered in the ‘‘Final Environmental Cyprus Foote become co-responsible Section 5.3.1.3, states that the new fuel Statement Related to the Operation of licensees concerning the proper remediation storage racks are designed and shall be Palo Verde Nuclear Generating Station, and decommissioning of the Shieldalloy site; maintained with Keff less than or equal Units 1, 2, and 3,’’ dated February 1982, (2) Any and all parties involved in any wrongdoing, as alleged in the Petitioner’s to 0.95, if fully flooded with unborated (NUREG–0841). letter, should be terminated from water, and less than or equal to 0.98, if Agencies and Persons Consulted employment, and where appropriate, moderated by aqueous foam, and a criminal charges pursued; nominal 17-inch center to center In accordance with its stated policy, (3) NRC should terminate the development distance between fuel assemblies placed on April 3, 1997, the staff consulted of the environmental impact statement (EIS) in the storage racks. UFSAR Section for the Shieldalloy site; with the Arizona State official, Mr. (4) In place of the EIS, Shieldalloy and 9.1.1.1, New Fuel Storage Design Bases, William Wright of the Arizona states that accidental criticality shall be Cyprus Foote should be jointly ordered to Radiation Regulatory Agency, regarding submit a decommissioning plan for licensed prevented for the most reactive the environmental impact of the material that includes only a plan to arrangement of new fuel stored, with proposed action. The State official had remediate licensed material, including optimum moderation, by assuring that no comments. grading and evaluation of all various assorted Keff is less than 0.98, under normal and options. One option considered should be accident conditions. UFSAR Section Finding of No Significant Impact offsite disposal at a licensed disposal facility; 9.1.1.3, Safety Evaluation, states that the and new fuel rack design and location Based upon the environmental (5) The Ohio Environmental Protection ensures that the design bases of Section assessment, the Commission concludes Agency (OEPA) and Ohio Department of that the proposed action will not have Health should evaluate all unlicensed slag 9.1.1.1 are met. found at the Shieldalloy site. a significant effect on the quality of the The proposed exemption would not As a basis for the request, the result in any significant radiological human environment. Accordingly, the Commission has determined not to Petitioner asserts that there has been impacts. The proposed exemption collusion among agencies and would not affect radiological plant prepare an environmental impact statement for the proposed action. responsible parties to remediate offsite effluent nor cause any significant slag, that NRC failed to properly police occupational exposures since the For further details with respect to the Foote Mineral for a period of 12 years, Technical Specifications, design proposed action, see the licensee’s letter and that NRC then allowed Foote controls (including geometric spacing of dated March 28, 1997, which is Mineral to retire its license without fuel assembly storage spaces) and available for public inspection at the investigating the licensee’s claims that administrative controls preclude Commission’s Public Document Room, no licensable materials remained onsite. inadvertent criticality. The amount of which is located at The Gelman The Petitioner also asserts that NRC radioactive waste would not be changed Building, 2120 L Street, NW., illegally allowed Foote Mineral to return by the proposed exemption. Washington, D.C., and at the local slag to a site owned by Shieldalloy, in The proposed exemption does not public document room located at the the process conspiring with State of result in any significant non- Phoenix Public Library, 1221 N. Central Ohio agencies. radiological environmental impacts. The Avenue, Phoenix, Arizona 85004. The Petitioner further argues that proposed exemption involves features Dated at Rockville, Maryland, this 16th day Shieldalloy has a decommissioning plan located entirely within the restricted of May 1997. that would wrongfully mix licensed and area as defined in 10 CFR Part 20. It unlicensed waste. In support of this For the Nuclear Regulatory Commission. does not affect non-radiological plant claim, he states his belief that the effluents and has no other James Clifford, material at the Shieldalloy site is made environmental impact. Accordingly, the Senior Project Manager, Project Directorate up of 150,000 tons of licensed material Commission concludes that there are no IV–2, Division of Reactor Projects III/IV, Office and 350,000 tons of nonlicensed significant non-radiological of Nuclear Reactor Regulation. material. The Petitioner believes that environmental impacts associated with [FR Doc. 97–13781 Filed 5–23–97; 8:45 am] Shieldalloy’s decommissioning plan the proposed action. BILLING CODE 7590±01±P illegally combined both licensed and Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28741 unlicensed materials, thus greatly of Management and Budget a request for and Exchange Commission reducing the real risk factors from emergency clearance of the following (‘‘Commission’’) has submitted to the exposure to licensed material and revised information collection. RI 10– Office of Management and Budget wrongfully enhancing the company’s 72, Client Satisfaction Survey, is used to requests for extension of the previously own preferred plan for in-situ disposal, determine how well the U.S. Office of approved collections of information which would require the NRC to waive Personnel Management has served discussed below. enforcement rules and regulations. The Federal civil service annuitants and Rule 12b–1 under the Investment Petitioner also alleges an NRC-Ohio survivor annuitants. Company Act of 1940 (‘‘1940 Act’’) conspiracy to allow in-situ disposal to The questionnaire will be sent to permits a registered open-end proceed. approximately 1500 annuitants and will management investment company The NRC response to the Petitioner’s require approximately 25 minutes to (‘‘mutual fund’’) to distribute its own requests have been evaluated by the complete. The annual estimated burden shares and pay expenses of distribution Director of the Office of Nuclear is 625 hours. provided, among other things, the Material Safety and Safeguards. After For copies of this proposal, contact mutual fund adopts a written plan, and review of the Petition, the Director has Jim Farron on (202) 418–3208, or E-mail has in writing any agreements relating denied the Petitioner’s requests. to [email protected]. to the implementation of the plan. The The Director’s Decision concluded DATES: Comments on this proposal rule requires the plan to be approved by that no health and safety issues have should be received on or before June 2, the mutual fund’s directors and been raised regarding Shieldalloy or 1997. OMB will have 5 calendar days to shareholders; provides for quarterly Cyprus Foote that would require the act after the close of this Federal reports to the board regarding amounts actions requested by the Petitioner. The Register Notice. spent under the plan; requires the board Petitioner has not provided any to review the plan at least annually; ADDRESSES: Send or deliver comments information in support of his requests of to Chris Brown, Chief, Management requires board and shareholder approval which the NRC was not already aware. for certain changes to the plan; and Information Branch, Quality Assurance The complete ‘‘Director’s Decision imposes certain recordkeeping Division, Retirement and Insurance under 10 C.F.R. 2.206’’ (DD–97–12) is requirements. Service, U.S. Office of Personnel available for public inspection in the It is estimated that approximately Management, 1900 E Street, NW, Room Commission’s Public Document Room 4,165 mutual funds rely on the rule each 4316, Washington, DC 20415–0001. located at 2120 L Street, N.W., year, and the average annual burden per Washington, D.C. 20555. The Director’s FOR INFORMATION REGARDING fund is estimated to be 40 hours. The Decision is also available on the NRC ADMINISTRATIVE COORDINATION CONTACT: total annual burden for all mutual funds Electronic Bulletin Board at 1–(800)– Mary Beth Smith-Toomey, Management relying on the rule is estimated to be 952–9676. Services Division, (202) 606–0623. 166,600 hours. A copy of this Decision will be filed U.S. Office of Personnel Management. Rule 17f–1 under the 1940 Act with the Secretary for the Commission’s James B. King, provides that any registered review, in accordance with 10 CFR Director. management investment company (‘‘fund’’) that wishes to place its assets 2.206. As provided by this regulation, [FR Doc. 97–13628 Filed 5–23–97; 8:45 am] the Decision will constitute the final in the custody of a national securities BILLING CODE 6325±01±M′ action of the Commission 25 days after exchange may do so only pursuant to a the date of issuance of the Decision written contract that must ratified unless the Commission on its own initially and approved annually by a SECURITIES AND EXCHANGE motion institutes a review of the majority of the fund’s board of directors COMMISSION Decision within that time. and that contains certain specified provisions. The rule also requires that Dated at Rockville, Maryland this 14th day Submission for OMB Review; the fund’s assets in such custody be of May 1997. Comment Request examined by an independent public For the Nuclear Regulatory Commission. Extension: account at least three times during the Malcolm R. Knapp, Rule 12b–1, SEC File No. 270–188, fund’s fiscal year. The rule requires the Deputy Director, Office of Nuclear Material OMB Control No. 3235–0212 written contract and the certificate of Safety and Safeguards. Rule 17f–1, SEC File No. 270–236, each examination to be transmitted to [FR Doc. 97–13778 Filed 5–23–97; 8:45 am] OMB Control No. 3235–0222 the Commission. The annual burden of BILLING CODE 7590±01±P Form N–SAR, SEC File No. 270–292, the rule’s requirements is estimated to OMB Control No. 3235–0330 be about 21⁄2 hours for each of Form N–17f–1, SEC File No. 270–316, approximately 31 funds that maintain OFFICE OF PERSONNEL OMB Control No. 3235–0359 their assets with a national securities MANAGEMENT N–17f–2, SEC File No. 270–317, OMB exchange, for an estimated total of 77.5 Control No. 3235–0360 burden hours annually. Submission for OMB Emergency Form ADV–E, SEC File No. 270–318, Form N–SAR under the 1940 Act is Clearance of the Revised Information OMB Control No. 3235–0361 used by registered investment Collection RI 10±72 30b2–1, SEC File No. 270–213, OMB companies for annual or semi-annual AGENCY: Office of Personnel Control No. 3235–0220 reports required to be filed with the Management. Upon Written Request, Copies Commission. The annual burden is ACTION: Notice. Available From: Securities and approximately to 31.5 hours. Exchange Commission, Office of Filings Form N–17f–1 is the cover sheet for SUMMARY: In accordance with the and Information Services, Washington, accountant examination certificates Paperwork Reduction Act of 1995 (Pub. DC 20549. filed pursuant to rule 17f–1 under the L. 104–13, May 22, 1995), this notice Notice is hereby given that, pursuant 1940 Act by management investment announces that the Office of Personnel to the Paperwork Reduction Act of 1995 companies maintaining securities or Management has submitted to the Office (44 U.S.C. 3501 et seq.), the Securities other investments with companies that 28742 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices are members of a national securities APLLICANTS: Eaton Vance Management, Applicants’ Representations exchange. The time needed for Eaton Vance Distributors, Inc. 1. The Funds and the Portfolio are investment companies to comply with (collectively, ‘‘Eaton Vance’’), Boston registered closed-end management the requirements of the form is Management and Research (‘‘BMR’’), investment companies. Eaton Vance approximately nine minutes annually. Eaton Vance Prime Rate Reserves serves as principal underwriter, Form N–17f–2 is the coversheet for (‘‘Prime Rate’’), EV Classic Senior investment adviser, and/or account examination certificates filed Floating-Rate Fund (‘‘Classic Senior’’), administrator for the Funds. BMR, a pursuant to rule 17f–2 under the 1940 and Senior Debt Portfolio (the wholly-owned subsidiary of Eaton Act by management investment ‘‘Portfolio’’). Prime Rate and Classic Vance Management, serves as companies maintaining custody of Senior collectively are referred to as the investment adviser to the Portfolio. securities or other investments. The ‘‘Funds.’’ Applicants request that the order apply time needed for investment companies RELEVANT ACT SECTIONS: Order requested to any registered closed-end investment to comply with the requirements of the under sections 6(c) and 23(c) of the Act company for which Eaton Vance, BMR, form is approximately nine minutes for an exemption from certain or any entity controlling, controlled by, annually. provisions of rule 23c–3. or under common control with Eaton Form ADV–E is the coversheet for Vance acts as principal underwriter, accountant examination certificates SUMMARY OF APPLICATION: Applicants investment adviser, or administrator. filed pursuant to rule 206(4)–2 under seek an order to permit certain closed- Each investment company that the Investment Advisers Act by end investment companies to make presently intends to rely on the investment advisers retaining custody of rotating, monthly tender offers and requested relief is named as an client securities or funds. Registrants impose early withdrawal charges (‘‘EWCs’’). applicant. each spend approximately three 2. The Funds invest all of their FILING DATES: The application was filed minutes annually to comply with the investable assets in ‘‘interests’’ of the on March 25, 1996, and amended on requirements of the form. Portfolio pursuant to a master-feeder Rule 30b2–1 requires the filing of four October 21, 1996. Applicants have investment structure.1 Through their copies of every periodic or interim agreed to file an additional amendment, investment in the Portfolio, all three report transmitted by or on behalf of any the substance of which is incorporated feeder funds invest in senior secured registered investment company to its herein, during the notice period. floating rate loans. The Portfolio invests shareholders. The annual burden of HEARING OR NOTIFICATION OF HEARING: An at least 80 percent of its total assets in filing the reports is estimated to be order granting the application will be senior secured floating rate loans under negligible. issued unless the SEC orders a hearing. normal circumstances. Up to 20 percent General comments regarding the Interested persons may request a of the Portfolio’s assets may be held in above information should be directed to hearing by writing to the SEC’s cash, and invested in investment grade the following persons: (i) Desk Officer Secretary and serving applicants with a short-term debt obligations and interests for the Securities and Exchange copy of the request, personally or by in unsecured loans. Commission, Office of Information and mail. Hearing requests should be 3. Investment management and Regulatory Affairs, Office of received by the SEC by 5:30 p.m. on custodial activities are performed, and Management and Budget, Room 3208, June 13, 1997, and should be associated expenses are incurred, at the New Executive Office Building, accompanied by proof of service on master fund level. The feeder funds Washington, D.C. 20503; and (ii) applicants, in the form of an affidavit, share in these expenses in proportion to Michael E. Bartell, Associate Executive or, for lawyers, a certificate of service. their respective interests in the master Director, Office of Information Hearing requests should state the nature fund. Administration, distribution, and Technology, Securities and Exchange of the writer’s interest, the reason for the shareholder servicing activities are Commission, 450 Fifth Street, N.W., request, and the issues contested. performed, and related expenses are Washington, D.C. 20549. Comments Persons who wish to be notified of a incurred, at the feeder fund level. Such must be submitted to OMB within 30 hearing may request notification of a expenses vary among the feeder funds. days of this notice. hearing by writing to the SEC’s 4. The Funds continuously offer their Dated: May 19, 1997. Secretary. shares to the public at net asset value. Margaret H. McFarland, ADDRESSES: Secretary, SEC, 450 5th There is no secondary market for shares Deputy Secretary. Street, N.W., Washington, D.C. 20549. of the Funds. The Funds’ trustees [FR Doc. 97–13806 Filed 5–23–97; 8:45 am] Applicants: (except the Portfolio) 24 consider, with the expectation of adopting, quarterly repurchase offers to BILLING CODE 8010±01±M Federal Street, Boston, MA 02110; the Portfolio, c/o IBT Trust Company shareholders under section 23(c)(2) of (Cayman), Ltd., The Bank of Nova Scotia the Act. The Funds obtain cash to SECURITIES AND EXCHANGE Building, P.O. Box 501, Georgetown, consummate repurchase offers through COMMISSION Grand Cayman, Cayman Islands, BWI. quarterly offers by the Portfolio to FOR FURTHER INFORMATION CONTACT: repurchase interests held by the Funds [Investment Company Act Rel. No. 22670; in the Portfolio. Those repurchases are 812±10056] Christine Y. Greenlees, Branch Chief, at (202) 942–0564, or Elizabeth G. made at net asset value of the interests Eaton Vance Management, et al.; Osterman, Assistant Director, at (202) on the expiration date of the Portfolio’s Notice of Application 942–0564 (Division of Investment repurchase offer. Each Fund uses the Management, Office of Investment proceeds from the interests that it May 19, 1997. Company Regulation). tenders to the Portfolio to purchase AGENCY: Securities and Exchange shares tendered by its shareholders at SUPPLEMENTARY INFORMATION: Commission (‘‘SEC’’). The net asset value on the Portfolio’s following is a summary of the ACTION: Notice of application for application. The complete application is exemption under the Investment 1 A third feeder fund, EV Medallion Senior- available for a fee at the SEC’s Public Company Act of 1940 (the ‘‘Act’’). Floating Rate Fund, offers shares to foreign Reference Branch. investors outside the United States. Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28743 repurchase offer’s expiration date (less will comply with rule 11a–3 under the of the other shareholders in that feeder any EWC).2 Act as if the Funds were open-end fund. 5. The Funds impose EWCs on shares investment companies subject to such 12. Consistent with rule 23c–3(b)(5), if accepted for repurchase that have been rule. Applicants believe that the shareholders in a feeder fund tendered held for less than a certain period of exchange option is consistent with rule more than the repurchase offer amount, time. The EWCs are paid to Eaton Vance 23c–3 under the Act. the feeder fund could repurchase shares Distributions, Inc. to allow it to recover 8. Applicants propose to convert the beyond the repurchase offer amount. To a portion of its distribution expenses. Funds and the Portfolio to ‘‘interval obtain the cash necessary for the Applicants state that are EWCs also are funds’’ as provided in rule 23c–3 under increased repurchase, the feeder fund intended to discourage investors from the Act and to organize additional could request that the Portfolio agree to purchasing Fund shares and quickly interval funds in the future. The Funds repurchase up to an additional two redeeming them in tender offers. Prime and the Portfolio expect to continue percent of the outstanding interests in Rate’s EWC varies from three percent of operating in a master-feeder structure the Portfolio. To ensure equal treatment the value of the shares accepted for after conversion to interval fund status. of the feeder funds, if the Portfolio repurchase (for shares held less than The Funds would continue to make agreed to purchase a certain percentage one year) to zero (for shares held more quarterly repurchase offers to their of additional interests from one feeder than five years). Classic Senior imposes shareholders at net asset value, using fund, it would agree to maintain an EWC of one percent of the value of the cash proceeds of interests they sufficient liquid assets to purchase an shares accepted for repurchase held less tender to the Portfolio. Applicants equal percentage of additional interests than one year. propose, however, that the Portfolio from any other feeder fund making such 6. Classic Senior also pays service fees would make separate, quarterly tender a request during the succeeding two pursuant to a plan (the ‘‘Service Plan’’) offers to each feeder fund on a rotating tender offers. If a repurchase offer were that is designed to meet the basis, with each of the feeder funds oversubscribed, the Portfolio and/or requirements of the National receiving a tender offer once a quarter. feeder funds would repurchase the Association of Securities Dealers 9. The Portfolio would offer to tendered interests or shares on a pro (‘‘NASD’’) Conduct Rule 2830(d) as if purchase an identical percentage of the rata basis. Classic Senior were an open-end interests held by each feeder fund 3 13. Under applicants’ master-feeder investment company. Under the during each quarter. The Portfolio’s structure, responsibility for each Service Plan, Classic Senior may make board would determine the applicable requirement of rule 23c–3 would be service fee payments in amounts not to percentage in advance of the upcoming allocated to the Portfolio, the feeder exceed .25% of its average daily net quarter such that the first feeder fund funds, or both, as appropriate. Liquidity assets for any fiscal year. Classic making a tender offer in that quarter and portfolio monitoring functions Senior’s trustees have implemented the would be able to notify its shareholders would be performed at the master fund Service Plan by authorizing Classic of the repurchase offer amount no less level. The Portfolio’s board of trustees Senior to make quarterly payments to than twenty-one days before the would, pursuant to rule 23c– Eaton Vance Distributors, Inc. and other repurchase request deadline for that 3(b)(10)(iii), adopt procedures authorized firms in amounts not tender offer. reasonably designed to ensure that the expected to exceed .15% of Classic 10. If Eaton Vance creates additional Portfolio has liquid assets sufficient to Senior’s average daily net assets for any feeder funds, such funds would be comply with its fundamental policy to fiscal year. assigned a tender offer schedule make repurchase offers to the feeder 7. The Funds offer their shareholders corresponding with the tender offer funds and satisfy the liquidity an exchange option whereby schedule for one of the three existing requirements of the rule. The boards of shareholders tendering shares may use feeder funds. Each new feeder fund the feeder funds would oversee the proceeds from their shares to invest in would be assigned a tender offer Portfolio’s board’s administration of rule certain Eaton Vance open-end schedule so as to most effectively 23c–3’s liquidity requirements. investment companies without balance the size of the Portfolio’s 14. Notification and filing incurring the EWC they would have monthly tender offers. In all events, requirements would be performed at the paid had they received cash for their there would remain three dates in each feeder fund level. The feeder funds tendered shares.4 Any exchange option quarter (one in each month of the would provide notice to their quarter) on which the Portfolio would shareholders about upcoming 2 To make tender offers while engaging in a make tender offers. continuous offering of its shares under rule 415 repurchase offers and suspensions or under the Securities Act of 1933 (‘‘Securities Act’’), 11. Each feeder fund would make a postponements of repurchase offers in each Fund received an exemption from rule 10b– tender offer to all of its shareholders accordance with rule 23c–3(b)(4), and 6 under the Securities Exchange Act of 1934 during the month in which the Portfolio (‘‘Exchange Act’’) that prohibited participants in a would file such notices with the SEC as makes a tender offer to it, using the cash 5 distribution of securities from contemporaneously required by the rule. The feeder funds buying securities of the same class being obtained from interests purchased by would comply with the requirements of distributed. See Eaton Vance Prime Rate Reserves the Portfolio to purchase shares rule 23c–3(b)(11) related to (pub. avail. July 20, 1989); EV Classic Senior tendered by its shareholders. All advertisements and sales literature. Floating-Rate Fund (pub. avail. Apr. 13, 1995). On shareholders in a particular feeder fund March 4, 1997, the SEC adopted Regulation M, Because the Portfolio does not issue which, among other things, replaces rule 10b–6. If would receive a tender offer at the same the requested relief is granted, applicants will rely time, and under the same terms, as all 5 Applicants submit that no purpose would be on the exception for interval funds provided by rule served by requiring the Portfolio to duplicate the 102 of Regulation M. Vance Prime Rate Reserves (pub. avail. Jan. 15, feeder funds’ notice to public shareholders 3 Neither the Portfolio nor either of the Funds 1993); EV Classic Senior Floating-Rate Fund (pub. regarding upcoming repurchase offers. Applicants imposes distribution fees similar to those charged avail. Apr. 13, 1995). The Funds expect to continue state that the Portfolio would, however, provide by open-end investment companies under rule 12b– offering an exchange option if the requested relief notice to the feeder funds regarding the repurchase 1 under the Act. is granted, although they will no longer rely on offer amount sufficiently in advance of tender offers 4 The Funds offer the exchange option pursuant these exemptions. Rather, they intend to rely on the by the feeder funds to allow the feeder funds to to exemptions from the best price provisions of rule exemption from rule 13e–4 provided for interval comply with rule 23c–3(b)(4)’s shareholder notice 13e–4(f)(8)(ii) under the Exchange Act. See Eaton funds. requirements. 28744 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices shares to the public, rule 23c–3(b)(11) which permits certain post-effective legislative purpose of that provision was does not apply to the Portfolio. registration statements filed by interval to ‘‘insure fair treatment of all security 15. Both the Portfolio and the feeder funds to become effective immediately. holders’’ in connection with tender funds would comply with the majority 5. Under rule 23c–3(b), interval funds offers by investment companies.7 of the requirements of rule 23c–3, are required to make repurchases from Applicants submit that all feeder funds including the rule’s requirements their shareholders ‘‘at periodic intervals, (and all shareholders of the feeder related to pricing, adoption of pursuant to repurchase offers made to funds) would be treated alike in that fundamental policy to make periodic all holders of the stock.’’ ‘‘Periodic they would receive a quarterly tender repurchase offers, suspension of interval’’ is defined in rule 23c–3(a)(1) offer on the same terms, i.e., at net asset purchase offers, repurchase of more as an interval of three, six, or twelve value. Applicants believe that the fact than repurchase amount, withdrawal of months. Applicants request relief from that one feeder fund would receive a repurchase requests, composition of the requirements of rule 23c–3(b) to tender in a month different from another board of trustees, senior securities, and permit the Portfolio to make quarterly feeder fund within the same quarter is debt obligations. tender offers on a rotating basis to one not the unfair discrimination at which of the three feeder funds during each Applicants’ Legal Analysis the all holders requirement is directed. month within a quarter, with each of the 8. If the Funds and the Portfolio 1. Applicants request an order feeder funds receiving a tender offer became interval funds, they could pursuant to sections 6(c) and 23(c) of once each quarter. Applicants request postpone or suspend a tender offer only the Act exempting them from certain relief to the extent that such rotating under one of the extraordinary provisions of rule 23c–3 under the Act tender offers may be deemed circumstances set forth in rule 23c– to the extent necessary to: (a) Permit the inconsistent with rule 23c–3(b)’s 3(b)(3), and then only pursuant to a Portfolio to make rotating, monthly requirements that: (a) Repurchase offers majority vote of the board of trustees. tender offers to one feeder fund at a made by interval funds be made to all Applicants state that this requirement time; and (b) permit the Funds to holders of the fund’s shares; and (b) would preclude the Portfolio’s board impose EWCs. repurchase offers be made at intervals of from unfairly discriminating among the 2. Section 23(c) provides in relevant three, six, or twelve months. part that no registered closed-end feeder funds by making a tender offer to 6. Applicants believe that the use of less than all of the funds in a given investment company shall purchase any staggered tender offers would permit the securities of any class of which it is the quarter. Portfolio to satisfy the liquidity 9. Because rule 23c–3(b)(1) would issue except: (a) On a securities requirements of rule 23c–3 while exchange or other open market; (b) require the Portfolio to purchase holding liquid assets that constitute a interests tendered at the Portfolio’s net purchase to tenders, after reasonable lower percentage of the Portfolio’s total asset value as of the repurchase pricing opportunity to submit tenders given to assets than would be required for a date, applicants believe that there all holders of securities of the class to tender offer to all feeder funds at once. would not be any discrimination in the be purchased; or (c) under other Applicants argue that, by tendering to method by which the Portfolio circumstances as the SEC may permit by the feeder funds on a cyclical basis, calculates the price paid to the feeder rules and regulations or orders for the rather than all at once, the Portfolio funds for the interests tendered. In protection of investors. The Funds would realize substantial cost savings. addition, applicants argue that, because currently repurchase their shares Applicants also believe that the the Portfolio invests in senior secured pursuant to section 23(c)(2). staggered tender offers may enable the loan interests that are unlikely to 3. Rule 23c–3 permits a registered Portfolio to make larger tender offers to materially fluctuate in value, the net closed-end investment company (an the Funds, thereby enabling the Funds asset value paid to one feeder fund ‘‘interval fund’’) to make repurchase to make larger tender offers to their would not vary substantially from that offers of between five and twenty-five shareholders. percent of its outstanding shares at net 7. Rule 23c–3(b) requires that periodic paid to another feeder. asset value to shareholders at periodic repurchase offers be made ‘‘to all 10. The Portfolio’s monthly tenders intervals pursuant to a fundamental holders of the stock.’’ Separate, monthly may be construed to be prohibited by policy of the investment company. An tender offers by the Portfolio to each rule 23c–3(b)’s requirement that interval fund may not suspend or feeder fund could be construed to be repurchase offers be made at periodic postpone a repurchase offer except by inconsistent with this requirement intervals, as defined in rule 23c–3(a)(1). vote of the fund’s directors/trustees, and because, in any given month, the Applicants state that, according to the then only under limited circumstances. Portfolio would make a tender offer to adopting release for rule 23c–3, shorter 4. Applicants believe that conversion one, rather than all, feeder funds. intervals were not considered to interval fund status would benefit compatible with the notification Applicants believe, however, that 8 shareholders for several reasons. First, staggered tender offers would not requirements of the rule. Applicants each interval fund would be required to implicate the abusive practices to which believe that the concern was that a fund adopt as a fundamental policy a the ‘‘all holders’’ requirement is could be forced to notify shareholders of commitment to its shareholders to make addressed. Applicants cite the adopting the repurchase offer amount for an periodic repurchase offers. Currently, release for rule 23c–3, which provides upcoming tender offer before knowing neither the Funds nor the Portfolio have that the all holders requirement ‘‘is the amount of shares tendered in the adopted such policies. Second, intended to protect against unfair prior tender offer. This would cause a fund to commit to a repurchase amount applicants believe that shareholders discrimination.’’ 6 According to for the next tender offer and possibly would benefit from cost savings to the applicants, rule 23c–3’s all holders incur an obligation to maintain a high Funds created by exemptions from requirement is substantially similar to tender offer rules under the Exchange the all holder requirement in section Act for periodic tender offers made 7 S. Rep. No. 1775, 76th Cong., 3d Sess. (1940) at 23(c)(2). Applicants argue that the 16; H.R. Rep. No. 2639, 76th Cong., 3d Sess. (1940) pursuant to rule 23c–3. Applicants also at 21. believe that the Funds would benefit 6 Investment Company Act Release No. 19399, 8 Investment Company Act Release No. 19399, from rule 486 under the Securities Act, Section II.A.1.b.2 (Apr. 7, 1993). Section II.A.4. Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28745 level of liquid assets due to the rule’s believe that the requested relief meets ACTION: Notice of application for liquidity requirements, while unaware this standard. exemption under the Investment of the number of shares tendered in the Company Act of 1940 (the ‘‘Act’’). Applicants’ Conditions current repurchase offer and the resulting decrease in liquid assets. Applicants agree that any order APPLICANTS: Masters’ Select Investment 11. Applicants state that, because the granting the requested relief shall be Trust (the ‘‘Trust’’), each open-end Portfolio would determine the subject to the following conditions: management investment company repurchase offer amount at the 1. The Portfolio will offer to advised by, or in the future advised by beginning of each quarter, information repurchase an identical percentage of Litman/Gregory Fund Advisors, LLC about the number of shares tendered in the interests held by each feeder fund (‘‘Litman/Gregory’’) (collectively with the previous offer is not material. In during each quarter. the Trust, the ‘‘Funds’’), and Litman/ Gregory. addition, because staggered tender offers 2. The determination of the would permit the Portfolio to maintain percentage in condition 1 will be made RELEVANT ACT SECTIONS: Exemption fewer liquid assets than it would by the Portfolio’s board in time for the requested under section 6(c) of the Act otherwise be required to maintain, first feeder fund to make a tender offer from section 15(a) and rule 18f–2 applicants believe that maintaining in the upcoming quarter to notify its thereunder, and from certain disclosure liquid assets sufficient for two tender shareholders of the repurchase offer requirements set forth in item 22 of offers in a quarter would not unduly amount no less than 21 days before the Schedule 14A under the Securities burden the Portfolio. repurchase request deadline for that Exchange Act of 1934 (the ‘‘Exchange 12. Rule 23c–3(b)(1) provides that an tender offer. Act’’); items 2, 5(b)(iii), and 16(a)(iii) of interval fund may deduct from 3. If the Portfolio agrees to purchase Form N–1A; item 3 of Form N–14; item repurchase proceeds only a repurchase from a feeder fund a percentage of 48 of Form N–SAR; and sections 6–07(2) fee, not to exceed two percent of the shares in addition to the repurchase (a), (b), and (c) of Regulation S–X. proceeds, that is reasonably intended to offer amount pursuant to rule 23c– SUMMARY OF APPLICATION: Applicants compensate the fund for expenses 3(b)(5), it will agree to maintain liquid seek an order permitting Litman/ directly related to the repurchase. assets sufficient to repurchase the same Gregory, as investment adviser to Applicants request relief from this percentage of additional shares from all certain portfolios of the Funds, to enter provision to the extent that it would feeder funds requesting the purchase of into and modify sub-advisory contracts prohibit the imposition of an EWC on additional shares during the succeeding without obtaining shareholder approval, tendered shares that have been held for two tender offers. and permitting the Funds to disclose less than a specified period. 4. Any feeder fund imposing an EWC only the aggregate sub-advisory fee for 13. Applicants note that, in the will comply with rule 6c–10 under the each portfolio in their prospectuses and release adopting rule 23c–3, the SEC Act as if such rule were applicable. Any other reports. stated that ‘‘consideration [regarding the feeder fund imposing a service fee will FILING DATES: The application was filed use of contingent deferred sales loads by comply with the National Association of on October 18, 1996, and amended on closed-end interval funds] may be Securities Dealers Conduct Rule 2830(d) January 29, 1997, and March 19, 1997. appropriate after the [SEC] considers as if such rule were applicable. HEARING OR NOTIFICATION OF HEARING: An whether to adopt proposed rule 6c–10.’’ 5. Any fund operating under relief order granting the application will be Rule 6c–10 was adopted on February 23, granted through the application will issued unless the SEC orders a hearing. 1995,9 and applicants have agreed as a maintain an investment policy that Interested persons may request a condition to any relief granted that they requires, under normal conditions, that hearing by writing to the SEC’s will comply with rule 6c–10 under the at least 65 percent of the value of its Secretary and serving applicants with a Act as if such rule were applicable to total assets will be invested in senior copy of the request, personally or by them. The Funds also will comply with secured floating-rate loan interests. mail. Hearing requests should be the NASD Conduct Rule’s limits on 6. The boards of the feeder funds and received by the SEC by 5:30 p.m. on service fees. the Portfolio will review annually the June 12, 1997, and should be 14. Applicants believe that EWCs may repurchase offer procedures set forth in accompanied by proof of service on be necessary for its distributor to the application to ensure that no feeder applicants, in the form of an affidavit or, recover distribution costs from fund is being disadvantaged as a result for lawyers, a certificate of service. shareholders who redeem early. In of such procedures. Hearing requests should state the nature addition, EWCs may create a For the SEC, by the Division of Investment of the writer’s interest, the reason for the disincentive for shareholders to engage Management, under delegated authority. request, and the issues contested. in frequent trading, which applicants Margaret H. McFarland, Persons who wish to be notified of a believe imposes costs on shareholders. Deputy Secretary. hearing may request notification by writing to the SEC’s Secretary. 15. Section 6(c) provides that the SEC [FR Doc. 97–13694 Filed 5–23–97; 8:45 am] may exempt any person, security, or ADDRESSES: Secretary, SEC, 450 Fifth BILLING CODE 8010±01±M transaction from my provision of the Street, NW., Washington, DC 20549. Act, if and to the extent that such Applicants, 4 Orinda Way, Suite 230–D, exemption is necessary or appropriate SECURITIES AND EXCHANGE Orinda, CA 94563. in the public interest and consistent COMMISSION FOR FURTHER INFORMATION CONTACT: with the protection of investors and the Brian T. Houihan, Senior Counsel, at purposes fairly intended by the policy [Rel. No. IC±22669; 812±10410] (202) 942–0526, or Mercer E. Bullard, and provisions of the Act. Applicants Masters' Select Investment Trust et al.; Branch Chief, at (202) 942–0564 Notice of Application (Division of Investment Management, 9 Investment Company Act Release No. 20916 Office of Investment Company (Feb. 23, 1995). Rule 6c–10 permits open-end funds May 19, 1997. Regulation). to charge contingent deferred sales loads, subject to certain requirements for calculating those changes AGENCY: Securities and Exchange SUPPLEMENTARY INFORMATION: The and a uniform treatment requirement. Commission (‘‘SEC’’). following is a summary of the 28746 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices application. The complete application recommendations, but does not exercise 11. Regulation S–X sets forth the may be obtained for a fee from the SEC’s investment discretion, Litman/Gregory requirements for financial statements Public Reference Branch. will be responsible for authorizing required to be included as part of portfolio transactions based on such investment company registration Applicants’ Representations recommendations. statements and shareholder reports filed 1. The Trust is a registered open-end 5. As investment adviser, Litman/ with the SEC. Sections 6–07(2) (a), (b), management investment company Gregory receives a fee from the Equity and (c) of Regulation S–X require that organized as a Delaware business trust. Portfolio computed as a percentage of investment companies include in their The Trust currently consists of one the portfolio’s net assets. Litman/ financial statements information about investment portfolio, The Masters Select Gregory pays the Investment Managers investment advisory fees. Equity Fund (the ‘‘Equity Portfolio’’). out of this fee. The fee paid to each 12. With respect to investment Additional portfolios may be formed in Investment Manager is separately advisory fees, applicants propose to the future with different investment negotiated and may differ from one disclose (both as a dollar amount and as objectives and policies (collectively Investment Manager to another. a percentage of a Portfolio’s net assets) with the Equity Portfolio, the 6. Applicants request an exemption only the: (a) Total advisory fee charged ‘‘Portfolios’’). from section 15(a) and rule 18f–2 to by Litman/Gregory with respect to each 2. Litman/Gregory, a registered permit the Funds to enter into and Portfolio; (b) aggregate fees paid by investment adviser, acts as the modify Management Agreements Litman/Gregory to all Investment investment adviser to the Equity without obtaining shareholder approval. Managers managing assets of each Portfolio and is expected to act as Applicants also request an exemption Portfolio; and (c) net advisory fee investment adviser to any future from the various provisions described retained by Litman/Gregory with respect Portfolios of the Trust and Portfolios of below that may require them to disclose to each Portfolio after Litman/Gregory other existing and future Funds. the fees paid by Litman/Gregory to the pays all Investment Managers managing Litman/Gregory will operate the Investment Managers. assets of the Portfolio (collectively, the Portfolios in a manner substantially 7. From N–1A is the registration ‘‘Aggregate Fee’’). For any Portfolio that different from that of conventional statement used by open-end investment employs an Investment Manager that is investment companies. Litman/Gregory companies. Items 2, 5(b)(iii), and an ‘‘affiliated person’’ (as defined in has developed an investment 16(a)(iii) of Form N–1A require section 2(a)(3) of the Act) of the philosophy for the Equity Portfolio that disclosure of the method and amount of Portfolio or Litman/Gregory, other than applicants believe capitalizes on the investment adviser’s compensation. by reason of serving as an Investment Litman/Gregory’s extensive experience 8. From N–14 is the registration form Manager of the Portfolio (an ‘‘Affiliated evaluating investment advisory firms for business combinations involving Manager’’), the Portfolio will provide using a specified set of criteria. Litman/ open-end investment companies. Item 3 separate disclosure of any fees paid to Gregory’s investment strategy for the of Form N–14 requires the inclusion of such Affiliated Manger. Equity Portfolio is based, in part, on its a ‘‘table showing the current fees for the belief that it is possible to identify registrant and the company being Applicants’ Legal Analysis investment managers who will deliver acquired and pro forma fees, if different, 1. Section 15(a) of the Act provides, superior performance relative to their for the registrant after giving effect to in relevant part, that it is unlawful for peer group. the transaction.’’ any person to act as an investment 3. In each instance in which Litman/ 9. Rule 20a–1 under the Act requires adviser to a registered investment Gregory acts or will act as investment proxies solicited with respect to an company except pursuant to a written adviser to a Portfolio, the Portfolio may investment company to comply with contract which has been approved by have one or more external sub-advisers Schedule 14A under the Exchange Act. the vote of a majority of the outstanding (the ‘‘Investment Managers’’) pursuant Item 22(a)(3)(iv) of Schedule 14A voting securities of such registered to separate sub-advisory agreements requires a proxy statement for a investment company. Rule 18f–2 (‘‘Management Agreements’’). The shareholder meeting at which a new fee provides that any investment advisory Equity Portfolio has six Investment will be established or an existing fee contract that is submitted to the Managers. Litman/Gregory’s investment increased to include a table of the shareholders of a series investment strategy for the Equity Portfolio is to current and pro forma fees. Items company under section 15(a) shall be allocate assets to Investment Managers 22(c)(1)(ii), 22(c)(1)(iii), 22(c)(8), and deemed to be effectively acted upon who, based on Litman/Gregory’s 22(c)(9), taken together, require a proxy with respect to any class or series of research, represent complementary style statement for a shareholder meeting at such company if a majority of the groups. Applicants anticipate that which the advisory contract will be outstanding voting securities of such Litman/Gregory may apply a similar voted upon to include the ‘‘rate of class or series vote for the approval of strategy to future Portfolios. compensation of the investment such matter. 4. As investment adviser, Litman/ adviser,’’ the ‘‘aggregate amount of the 2. Applicants believe that the Gregory has overall responsibility for investment adviser’s fees,’’ a description requested exemption from shareholder assets under management, allocates of ‘‘the terms of the contract to be acted voting requirements should be granted assets among Investment Managers, upon,’’ and, if a change in the advisory because Litman/Gregory will operate the monitors and evaluates the performance fee is proposed, the existing and Portfolios in a manner so different from of the Investment Managers, and proposed fees and the difference that of conventional investment recommends selection of Investment between the two fees. companies that shareholder approval Managers to the Trust’s board of 10. Form N–SAR is the semi-annual would not serve any meaningful trustees. Each Investment Manager report filed with the SEC by registered purpose. Applicants argue that, by exercises investment discretion over or investment companies. Item 48 of Form investing in a Portfolio, shareholders, in makes investment recommendations N–SAR requires investment companies effect, will hire Litman/Gregory to with respect to a portion of the assets of to disclose the rate schedule for fees manage the Portfolio’s assets by using the Portfolio. In circumstances where paid to their investment advisers, external portfolio managers (i.e., the Investment Manager makes including the Investment Managers. advisory firms not affiliated with Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28747

Litman/Gregory), in combination with shareholders in the form of a lower included in a proxy statement, except as Litman/Gregory’s proprietary Investment Manager fee. Applicants modified by the order with respect to investment adviser selection and believe that disclosure of each sub- the disclosure of fees paid to the monitoring process, rather than by using advisory fee arrangement would be Investment Managers. Such information Litman/Greogy’s own employees to complex and, given the varying asset will include disclosure of the Aggregate manage the Portfolio assets. Thus, allocation to each Investment Manager, Fee and any proposed material change applicants contend that shareholders would not necessarily provide any in the Portfolio’s Management will expect Litman/Gregory, under the meaningful information to a Agreement with such new Investment overall authority of the board of shareholder. Applicants claim that, by Manager. To meet this obligation, trustees, to take responsibility for limiting disclosure to the Aggregate Fee, Litman/Gregory will provide overseeing Investment Managers and the requested relief will enable shareholder with an information recommending their hiring, termination, shareholders to understand more clearly statement meeting the requirements of and replacement. Applicants note that the relevant cost/expense structure of Regulation 14C, Schedule 14C, and Item each Portfolio’s investment advisory each Portfolio. 22 of Schedule 14A under the Exchange agreement with Litman/Gregory will be 5. Section 6(c) authorizes the SEC to Act, except as modified by the order subject to shareholder approval under exempt persons or transactions from the with respect to the disclosure of specific section 15(a). Finally, applicants state provisions of the Act to the extent that fees paid to the Investment Managers. that the trustees of each Fund, including such exemptions are appropriate in the 4. Litman/Gregory will not enter into each trustee who is not an ‘‘interested public interest and consistent with the a Management agreement with any person’’ of the Fund as defined in protection of investors and the purposes Affiliated Manager without such section 2(a)(19) of the Act fairly intended by the policies and agreement, including the compensation (‘‘Independent Trustees’’), will consider provisions of the Act. Applicants to be paid thereunder, being approved and approve each Management believe that this standard has been by the shareholders of the applicable Agreement (including the specific sub- satisfied for the reasons discussed Portfolio. advisory fee arrangements) in the above. 5. At all times, a majority of each Fund’s board of trustees will be manner required by the Act and the Applicant’s Conditions rules thereunder. Independent Trustees, and the 3. Applicants also believe that the Applicants agree that the following nomination of new or additional requested exemption will benefit conditions may be imposed in any order Independent Trustees will be placed shareholders by enabling the Portfolios of the SEC granting the requested relief: within the discretion of the then to operate in a less costly and more 1. Before a Portfolio may rely on the existing Independent Trustees. efficient manner. Applicants argue that order requested in the application, the 6. When an Investment Manager the requested relief will reduce operation of the Portfolio in the manner change is proposed for a Portfolio with expenses because the Portfolios will not described in the application will be an Affiliated Manager, the Fund’s have to prepare and solicit proxies each approved by a majority of each trustees, including a majority of the time a Management Agreement is Portfolio’s outstanding voting securities, Independent Trustees, will make a entered into or modified. Applicants as defined in the Act, or, in the case of separate finding, reflected in the believe that the Portfolios will be able a new Portfolio whose public applicable Fund’s board minutes, that to operate more efficiently by permitting shareholders purchase shares on the such change is in the best interests of each Portfolio to hire, terminate, and basis of a prospectus containing the the Portfolio and its shareholders and replace Investment Managers according disclosure contemplated by condition 2 does not involve a conflict of interest to the judgment of its board and Litman/ below, by the sole shareholder before from which Litman/Gregory or the Gregory. Applicants also argue that the offering shares of the Portfolio to the Affiliated Manager derives an requested relief will relieve public. inappropriate advantage. shareholders of the very responsibility 2. The prospectus for each Portfolio 7. Independent counsel that they are paying Litman/Gregory to will disclose the existence, substance, knowledgeable about the Act and the assume: the selection, termination, and and effect of the order. In addition, each duties of Independent Trustees will be replacement of Investment Managers. Portfolio will hold itself out to the engaged to represent the Independent 4. Applicants also believe that public as employing the management Trustees of each Fund. The selection of disclosure of the fees that Litman/ structure described in the application. independent counsel will be placed Gregory pays to each Investment The prospectus and any sales materials within the discretion of the Independent Manager would not serve any or other shareholder communications Trustees. meaningful purpose since investors will relating to a Portfolio (collectively, 8. Litman/Gregory will provide each pay Litman/Gregory to retain and ‘‘Marketing Communications’’) will Fund’s board of trustees no less compensate the Investment Managers. prominently disclose that Litman/ frequently than quarterly with Applicants state that, while investment Gregory has ultimate responsibility for information about Litman/Gregory’s advisers typically are willing to the investment performance of the profitability for each Portfolio relying on negotiate fees lower than those posted Portfolio due to its responsibility to the relief requested in the application. in their fee schedules, particularly with oversee Investment Managers and The information will reflect the impact large institutional clients, they are recommend their hiring, termination, on profitability of the hiring or reluctant to do so where the negotiated and replacement. termination of Investment Managers fees are disclosed to other prospective 3. Within 60 days of the hiring of any during the quarter. and existing customers. Thus, new Investment Manager or the 9. Whenever an Investment Manager applicants argue that the requested implementation of any proposed to a particular Portfolio is hired or relief will facilitate lower overall material change in a Management terminated, Litman/Gregory will investment advisory fees because Agreement, Litman/Gregory will furnish provide that Fund’s board of trustees Investment Managers may accept lower shareholders all information about the with information showing the expected advisory fees from Litman/Gregory, the new Investment Manager or impact on Litman/Gregory’s benefits of which will be passed on to Management Agreement that would be profitability. 28748 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

10. Litman/Gregory will provide less than 25% of the voting securities of are capable of being market leaders in general management and administrative each company. segments of the information technology services to the Portfolio and, subject to FILING DATES: The application was filed industry and which can benefit from board review and approval, will (a) set on November 12, 1996 and amended on applicant’s business development, the Portfolio’s overall investment May 16, 1997. management support, financing, and strategies, (b) recommend Investment HEARING OR NOTIFICATION OF HEARING: An market knowledge. Applicant generally Managers, (c) allocate and, when order granting the application will be invests in companies in which it can appropriate, reallocate the Portfolio’s issued unless the SEC orders a hearing. purchase a large enough stake to enable assets among Investment Managers, (d) Interested persons may request a it to have substantial influence over the monitor and evaluate Investment hearing by writing to the SEC’s management and polices of the Manager performance, and (e) oversee Secretary and serving applicants with a company. Investment Manager compliance with copy of the request, personally or by 2. Applicant is the largest single the Portfolio’s investment objective, mail. Hearing requests should be shareholder of Cambridge and policies, and restrictions. received by the SEC by 5:30 p.m. on USDATA, owning 17% of the voting 11. No director, trustee, or officer of June 13, 1997, and should be stock of Cambridge and 20% of the the Funds or Litman/Gregory will own accompanied by proof of service on voting stock of USDATA. Cambridge directly or indirectly (other than applicants, in the form of an affidavit or, provides technical expertise to through a pooled investment vehicle for lawyers, a certificate of service. organizations with large scale over which such person does not have Hearing requests should state the nature information processing needs. USDATA control) any interest in an Investment of the writer’s interest, the reason for the is an international supplier of real-time Manager except for (a) ownership of request, and the issues contested. software applications development tools interests in Litman/Gregory or any Persons may request notification of a and related integration services. Five of entity that controls, is controlled by or hearing by writing to the SEC’s the nine members of the Cambridge is under common control with Litman/ Secretary. board and five of the eight members of the USDATA board are associated with Gregory; or (b) ownership of less than ADDRESSED: Secretary, SEC, 450 5th applicant. 1% of the outstanding securities of any Street N.W., Washington, D.C. 20549. class of equity or debt of a publicly Applicant, 800 Safeguard Building, 435 Applicant’s Legal Analysis traded company that is either an Devon Park Drive, Wayne, Pennsylvania Investment Manager or an entity that 1. Applicant requests an order under 19087. section 2(a)(9) declaring that it controls controls, is controlled by or is under FOR FURTHER INFORMATION CONTACT: common control with an Investment Cambridge and USDATA even though Elaine M. Boggs, Senior Counsel, at Safeguard owns less than 25% of the Manager. (202) 942–0572, or Mary Kay French, 12. Each Portfolio will disclose in its voting securities of Cambridge and Branch Chief, at (202) 942–0564 registration statement the respective USDATA. (Division of Investment Management, Aggregate Fee. 2. Section 2(a)(9) defines ‘‘control’’ as Office of Investment Company the power to exercise a controlling For the Commission, by the Division of Regulation). influence over the management or Investment Management, under delegated SUPPLEMENTARY INFORMATION: The policies of a company. That section authority. following is a summary of the creates a presumption that owners of Margaret H. McFarland, application. The complete application 25% or less of a company’s voting Deputy Secretary. may be obtained for a fee at the SEC’s securities do not control such company. [FR Doc. 97–13695 Filed 5–23–97; 8:45 am] Public Reference Branch. The presumption may be rebutted by BILLING CODE 8010±01±M evidence of control. Applicant’s Representations 3. Applicant argues that its 1. Applicant, a Pennsylvania controlling influence over Cambridge SECURITIES AND EXCHANGE corporation, is engaged primarily in the and USDATA is demonstrated by the COMMISSION business of identifying, acquiring following: [Rel. No. IC±22666; 812±10422] interests in, and developing a. Applicant is the largest single ‘‘partnership companies,’’ most of shareholder of Cambridge and Safeguard Scientifics, Inc.; Notice of which are engaged in information USDATA. Applicant states that the only Application technology businesses. Applicant is not other significant shareholders of required to register as an investment Cambridge are two registered mutual May 19, 1997. company under the Act by virtue of rule funds, each of which own AGENCY: Securities and Exchange 3a–1 under the Act.1 Applicant’s approximately 10% of Cambridge. Two Commission (‘‘SEC’’ or ‘‘Commission’’). strategy is to invest in companies which venture funds affiliated with applicant ACTION: Notice of application for own 15% each of USDATA. Applicant exemption under the Investment 1 Rule 3a–1 provides that an issuer meeting the submits that it has significant links with Company Act of 1940 (the ‘‘Act’’). statutory definition of an investment company is both venture funds and that the funds not an investment company if: (a) not more than have never acted together in opposition APPLICANT: Safeguard Scientifics, Inc. 45% of the value of its total assets (exclusive of government securities and cash items) consists of to applicant’s control of USDATA and it RELEVANT ACT SECTION: Declaration of securities other than government securities, is unlikely that they would do so in the the Commission sought under section securities issued by employee securities companies, future. Further, applicant states that the 2(a)(9). securities of certain majority-owned subsidiaries, and securities issued by companies under the only other significant shareholder of SUMMARY OF APPLICATION: Applicant primary control of the issuer that are not investment USDATA is its founder and former CEO, requests an order declaring that it companies; and (b) no more than 45% of its income who currently owns 13% of the controls Cambridge Technology after taxes (over the last four fiscal quarters company’s stock. combined) is relieved from such securities. Partners, Inc. (‘‘Cambridge’’) and Applicant does not seek, and any order would not b. Applicant asserts that it has been USDATA Corporation (‘‘USDATA’’), grant, any relief with respect to applicant’s reliance involved in managing Cambridge and notwithstanding that applicant owns on rule 3a–1. USDATA for years and has developed Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28749 and restructured both companies. For Cambridge recruit a new CEO, chief I. Self-Regulatory Organization’s instance, applicant helped USDATA go administrative officer, chief technology Statement of the Terms of Substance of public in 1995 and also helped officer, and six directors. Applicant the Proposed Rule Change Cambridge to complete a secondary submits that it supports the managers at public offering. Moreover, applicant both Cambridge and USDATA with The purpose of the proposed rule submits that it is committed to holding ongoing programs and practical change is to impose booth and significant equity stakes in both business and administrative guidance telecommunications fees for companies and to participating in their intended to promote the development of participation in the New York Stock strategic management over the long- each company. Further, applicant Exchange (‘‘NYSE’’) Options Program. term, so long as they fit within asserts that managers of the companies CBOE proposes to impose these fees applicant’s overall strategy. have the freedom to use applicant’s from the start of trading of those options c. Applicant states that it has resources in the manner and to the on CBOE’s alternate trading floor developed numerous processes for extent that suits their own style. (‘‘Green Badge Floor’’) on April 28, managing its own business which it 1997.2 f. In addition, applicant states that it shares with its partnership companies, maintains control over Cambridge and II. Self-Regulatory Organization’s including Cambridge and USDATA. In USDATA through a series of cross- Statement of the Purpose of, and addition, applicant states that it directorships involving individuals who Statutory Basis for, the Proposed Rule encourages Cambridge and USDATA to Change collaborate and to do business with each are associated with applicant through other and with other of applicant’s their service as current and former In its filing with the Commission, partnership companies. Cambridge and directors and officers of applicant or its CBOE included statements concerning USDATA, along with other partnership other partnership companies. Applicant the purpose of and basis for the companies, assist each other and states that these board members help proposed rule change and discussed any applicant in identifying or reviewing each company define its general comments that it received on the potential candidates for acquisitions or business strategy and actively proposed rule change. The text of these investment, and recruiting new participate in adopting operating plans statements may be examined at the managers and directors. and budgets. These board members also places specified in Item IV below. CBOE d. Applicant has chosen to style its participate in key corporate decisions. has prepared summaries, set forth in relationship with each company as a For the Commission, by the Division of sections (A), (B), and (C) below, of the ‘‘partnership’’ to reflect the realities of Investment Management, pursuant to most significant aspects of such the entrepreneurial and rapidly delegated authority. statements. changing information services industry. Margaret H. McFarland, (A) Self-Regulatory Organization’s Applicant believes that traditional Deputy Secretary. corporate structures would inhibit the Statement of the Purpose of, and [FR Doc. 97–13693 Filed 5–23–97; 8:45 am] flexibility and creativity necessary for Statutory Basis for, the Proposed Rule growth and that giving entrepreneurs BILLING CODE 8010±01±M Change the power to create their own wealth by The purpose of the proposed rule increasing the value of their equity in SECURITIES AND EXCHANGE change is to impose Exchange fees for their company (without being affected COMMISSION booth and telecommunications costs by the results of other divisions or which are different than the fees set subsidiaries of the ‘‘parent’’ company) forth in CBOE’s standards fee schedule. maximizes the entrepreneurs’ incentive [Release No. 34±38654; File No. SR±CBOE± 97±20] The fees for the NYSE Options Program to fuel innovation and growth. will be imposed from the start of trading Applicant states, however, that despite Self-Regulatory Organizations; The of these options on the CBOE on April its emphasis on ‘‘partnership’’ it is 28, 1997. willing and able to intervene directly Chicago Board Options Exchange, and effectively in the management of Inc.; Notice of Filing and Immediate The proposed fees are: (1) For non- Cambridge and USDATA when either Effectiveness of a Proposed Rule Options Clearing Corporation member company fails to meet its expectations. Change Relating to Fees Charged for firms, the Green Badge space flat fee of For example, in March 1997, applicant Participation in the NYSE Options $500 per month per booth with no replaced the outgoing CEO of USDATA Program variable fee; (2) for Options Clearing Corporation member firms, a flat fee of with one of its officers as acting CEO May 19, 1997. and will be instrumental in the or $150 per month per booth with no 3 recruitment and selection of the Pursuant to Section 19(b)(1) of the variable fee; for initial installation permanent CEO. Applicant argues that Securities Exchange Act of 1934 only, a fee of $250 per Exchange phone; this management change evidences its (‘‘Act’’),1 notice is hereby given that on ability to assert its power to control the April 25, 1997, the Chicago Board 2 On April 23, 1997, the Commission approved Options Exchange (‘‘CBOE’’ or proposed rule changes regarding the transfer of the direction and operation of USDATA. NYSE Options business to CBOE. See Securities e. Applicant’s executives and staff ‘‘Exchange’’) filed with the Securities Exchange Act Release No. 38541 (April 23, 1997), provide assistance to both companies in and Exchange Commission 62 FR 23516 (order approving File No. SR–CBOE– identifying and introducing potential (‘‘Commission’’) the proposed rule 97–14); and 38542 (April 23, 1997), 62 FR 23521 new clients. Applicant states that it change as described in Items, I, II, and (order approving File No. SR–NYSE–97–05). III below, which items have been 3 Although CBOE’s proposed rule change assists USDATA in structuring and indicates that the $150 flat fee applies to CBOE negotiating business alliances, financial prepared by CBOE. The Commission is member firms, CBOE has clarified that the fee planning and reporting, and tax publishing this notice to solicit applies to Options Clearing Corporation members planning. In addition, applicant states comments on the proposed rule change participating in the NYSE Options Program. from interested persons. Telephone conversation between Timothy that it has helped Cambridge find and Thompson, Senior Attorney, CBOE and Margaret R. secure clients, arranged for a new Blake, Division of Market Regulation, Commission headquarters building, and helped 1 15 U.S.C. 78s(b)(1) (1988). (May 13, 1997). 28750 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices and (4) for initial installation only, a fee Commission that such action is prepared primarily by MBSCC. The of $50 per single line set. necessary or appropriate in the public Commission is publishing this notice to CBOE proposes the imposition of interest, for the protection of investors, solicit comments from interested these fees pursuant to CBOE Rule 2.22. or otherwise in furtherance of the persons on the proposed rule change. The Exchange will distribute a circular purposes of the Act. to its members to notify them of the I. Self-Regulatory Organization’s IV. Solicitation of Comments imposition of these Exchange fees.4 Statement of the Terms of Substance of The Exchange is imposing these fees Interested persons are invited to the Proposed Rule Change as a result of the transfer of the NYSE submit written data, views, and Options Program. The fees are less than arguments concerning the foregoing. The proposed rule change modifies comparable fees charged on the CBOE Persons making written submissions MBSCC’s schedule of charges to classify main floor because of the reduced value should file six copies thereof with the certain charges as fees rather than of the Green Badge floor space relative Secretary, Securities and exchange penalties. Commission, 450 Fifth Street, N.W., to the value of booth space on the CBOE II. Self-Regulatory Organization’s Washington, D.C. 20549. Copies of the main floor. The telecommunications Statement of the Purpose of, and fees are reduced for initial installation submission, all subsequent amendments, all written statements Statutory Basis for, the Proposed Rule only with fees reverting back to the Change standard schedule after the relocation is with respect to the proposed rule completed. The purpose for the reduced change that are filed with the In its filing with the Commission, telecommunications fees is due to the Commission, and all written MBSCC included statements concerning communications relating to the Green Badge Floor having been newly the purpose of and basis for the constructed, causing the phone proposed rule change between the Commission and any person, other than proposed rule change and discussed any installation costs to be substantially less comments it received on the proposed than adding a phone to a pre-existing those that may be withheld from the public in accordance with the rule change. The text of these statements location. may be examined at the places specified CBOE believes the proposed rule provisions of 5 U.S.C. 552, will be in Item IV below. MBSCC has prepared change is consistent with its available for inspection and copying in summaries, set forth in sections (A), (B), requirements under the Act, specifically the Commission’s Public Reference with Section 6(b)(4),5 in that it provides Room, 450 Fifth Street, N.W., and (C) below, of the most significant 2 for the equitable allocation of reasonable Washington, D.C. 20549. Copies of such aspects of such statements. filing will also be available for dues, fees, and other charges among its (A) Self-Regulatory Organization’s inspection and copying at the principal members and issuers and other persons Statement of the Purpose of, and using its facilities. office of the Exchange. All submissions should refer to the File No. SR–CBOE– Statutory Basis for, the Proposed Rule (B) Self-Regulatory Organization’s 97–20 and should be submitted by June Change Statement on Burden on Competition 17, 1997. The purpose of the proposed rule CBOE does not believe that the For the Commission by the Division of change is to modify MBSCC’s schedule proposed rule change will impose any Market Regulation, pursuant to delegated of charges to classify certain charges as 8 burden on competition. authority. fees rather than penalties. Currently, Margaret H. McFarland, (C) Self-Regulatory Organization’s MBSCC maintains a schedule of charges Deputy Secretary. Statement on Comments on the for dealer accounts, a schedule of Proposed Rule Change Received From [FR Doc. 97–13696 Filed 5–23–97; 8:45 am] changes for broker accounts, and a Members, Participants, or Others BILLING CODE 8010±01-M schedule of penalty fees. MBSCC No written comments were solicited believes it is more appropriate that the or received with respect to the proposed SECURITIES AND EXCHANGE charges set forth on the schedule of rule change. COMMISSION penalty fees appear on the schedule of charges as ordinary charges because III. Date of Effectiveness of the [Release No. 34±38660; File No. SR± they are intended to encourage Proposed Rule Change and Timing for MBSCC±97±04] participants to take alternative actions, Commission Action Self-Regulatory Organizations; MBS such as earlier submission of data, The foregoing rule change established Clearing Corporation; Notice of Filing rather than penalize participants. or changes a due, fee, or other charge and Immediate Effectiveness of Therefore, the entire schedule of penalty imposed by the Exchange and therefore, Proposed Rule Change Relating to fees will be deleted, and those charges has become effective pursuant to Modification of Schedule of Charges will now appear on the MBSCC Section 19(b)(3)(A)(ii) 6 of the Act and schedule of charges. Rule 19b–4(e)(2) 7 thereunder. At any May 20, 1997. time within sixty days of the filing of Pursuant to Section 19(b)(1) 1 of the MBSCC believes the proposed rule such proposed rule change, the Securities Exchange Act of 1934 change is consistent with the Commission may summarily abrogate (‘‘Act’’), notice is hereby given that on requirements of Section 17A(b)(3)(D) of such rule change if it appears to the April 3, 1997, the MBS Clearing the Act 3 and the rules and regulations Corporation (‘‘MBSCC’’) filed with the thereunder because it provides for the 4 Prior to the transfer of NYSE Options business, Securities and Exchange Commission equitable allocation of reasonable dues, CBOE notified NYSE Options firms of the (‘‘Commission’’) the proposed rule fees, and other charges among MBSCC’s telecommunication and booth fees. Memorandum participants. from Ed Joyce, CBOE, to relocating NYSE Options change as described in Items I, II, and firms (March 31, 1997). III below, which items have been 5 15 U.S.C. 78f(b)(4). 2 The Commission has modified the text of the 6 15 U.S.C. 78s(b)(3)(A)(ii). 8 17 CFR 200.30–3(a)(12). summaries prepared by MBSCC. 7 17 CFR 240.19b–4(e)(2). 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78q–1(b)(3)(D). Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28751

(B) Self-Regulatory Organization’s For the Commission by the Division of deposited with OCC as a form of margin. Statement on Burden on Competition Market Regulation, pursuant to delegated First, to conform to the Uniform authority.6 Commercial Code and to avoid any MBSCC does not believe that the Margaret H. McFarland, ambiguity as to the latest time for proposed rule change will impact or Deputy Secretary. honoring demands upon letters of impose a burden on competition. [FR Doc. 97–13804 Filed 5–23–97; 8:45 am] credit, letters of credit must state (C) Self-Regulatory Organization’s BILLING CODE 8010±01±M expressly that payment must be made Statement on Comments on the prior to the close of business on the Proposed Rule Change Received From third banking day following demand. Members, Participants or Others SECURITIES AND EXCHANGE Second, letters of credit must be COMMISSION irrevocable. Third letters of credit must No written comments have been expire on a quarterly basis. Fourth, OCC solicited or received. MBSCC will notify [Release No. 34±38659; File No. SR±OCC± included language in its Rule 604 to the Commission of any written 96±15] make explicit OCC’s authority to draw comments received by MBSCC. Self-Regulatory Organizations; The upon letters of credit at any time, III. Date of Effectiveness of the Options Clearing Corporation; Order whether or not the clearing member that Proposed Rule Change and Timing for Approving a Proposed Rule Change deposited the letter of credit has been Commission Action Relating to Revisions to the Standards suspended or is in default, if OCC for Letters of Credit Deposited as determines that such draws are The foregoing rule change has became Margin advisable to protect OCC, other clearing effective pursuant to Section members, or the general public. 19(b)(3)(A)(ii) 4 of the Act and pursuant May 20, 1997. to Rule 19b–4(e)(2) 5 promulgated On November 4, 1996, The Options II. Discussion thereunder in that the proposed rule Clearing Corporation (‘‘OCC’’) filed with Section 17A(b)(3)(F) of the Act 4 change establishes or changes a due, fee, the Securities and Exchange requires the rules of a clearing agency to or other charge imposed by MBSCC. At Commission (‘‘Commission’’) a be designated to assure the safeguarding any time within sixty days of the filing proposed rule change (File No. SR– of securities and funds in its custody or of such rule change, the Commission OCC–96–15) pursuant to Section control or for which it is responsible. may summarily abrogate such rule 19(b)(1) of the Securities Exchange Act The Commission believes the proposed change if it appears to the Commission of 1934 (‘‘Act’’).1 Notice of the proposal rule change is consistent with OCC’s that such action is necessary or was published in the Federal Register obligation under the Act because the appropriate in the public interest, for on February 21, 1997.2 No comment modified standards for letters of credit the protection of investors, or otherwise letters were received. For the reasons will enable OCC to draw upon a letter in furtherance of the purposes of the discussed below, the Commission is of credit when the OCC determines that Act. approving the proposed rule change. a draw is advisable to protect OCC, the IV. Solicitation of Comments I. Description clearing members, or the general public. This ability will allow OCC as needed Interested persons are invited to The proposed rule change makes to increase the liquidity of its margin submit written data, views, and permanent the Commission’s previous deposits by enabling OCC to substitute arguments concerning the foregoing. temporary approvals 3 of OCC’s cash collateral for a clearing member’s Persons making written submissions modifications to its Rule 604, which sets letter of credit. The rule change also will should file six copies thereof with the forth the standards for letters of credit increase the reliability of the letters of Secretary, Securities and Exchange credit because an issuer will no longer Commission, 450 Fifth Street, N.W., 6 17 CFR 200.30–3(a)(12). be able to revoke a letter of credit when 1 Washington, D.C. 20549. Copies of the 15 U.S.C. 78s(b)(1). the clearing member is experiencing submission, all subsequent 2 Securities Exchange Act Release No. 38284 (February 13, 1997), 62 FR 8070. financial difficulty and poses the amendments, all written statements 3 Securities Exchange Act Release Nos. 29641 greatest credit risk. with respect to the proposed rule (August 30, 1991), 56 FR 46027 [File No. SR–OCC– In addition, requiring that the letters change that are filed with the 91–13] (order temporarily approving proposed rule of credit expire quarterly rather than Commission, and all written change through February 28, 1992); 30424 annually will result in the issuers (February 28, 1992), 57 FR 8160 [File No. SR–OCC– communications relating to the 92–06] (order temporarily approving proposed rule conducting more frequent credit reviews proposed rule change between the change through May 31, 1992); 30763 (June 1, of the clearing members for whom the Commission and any person, other than 1992), 57 FR 24284 [File No. SR–OCC–92–11] letters of credit are issued. More those that may be withheld from the (order temporarily approving proposed rule change frequent credit reviews should facilitate through August 31, 1992); 31126 (September 1, public in accordance with the 1992), 57 FR 40925 [File No. SR–OCC–92–19] the discovery of any adverse provisions of 5 U.S.C. 552, will be (order temporarily approving proposed rule change developments in a more timely manner. available for inspection and copying in through December 31, 1992); 31614 (December 17, By increasing the liquidity and the Commission’s Public Reference 1992), 57 FR 61142 [File No. SR–OCC–92–37] reliability of the letters of credit and the (order temporarily approving proposed rule change Section, 450 Fifth Street, N.W., through June 30, 1993); 32532 (June 28, 1993), 58 frequency of reviews of its members, Washington, D.C. 20549. Copies of such FR 36232 [File No. SR–OCC–93–14] (order OCC has increased its ability to assure filing also will be available for temporarily approving proposed rule change the safeguarding of securities and funds inspection and coping at the principal through June 30, 1994); 34206 (June 13, 1994), 59 which are in the custody or control of FR 31661 [File No. SR–OCC–94–06] (order office of MBSCC. All submissions temporarily approving proposed rule change the clearing agency or for which it is should refer to File No. SR–MBSCC–97– through June 30, 1995); 36138 (August 23, 1995), 60 responsible. 04 and should be submitted by June 17, FR 44926 [File No. SR–OCC–95–9] (order Finally, when the Commission 1997. temporarily approving proposed rule change granted temporary approval to OCC’s through June 28, 1996); and 37618 (August 29, 1996), 61 FR 46889 [File No. SR–OCC–96–07] revisions to the standards for letters of 4 15 U.S.C. 78s(b)(3)(A)(ii). (order temporarily approving proposed rule change 5 17 CFR 240.19b–4(e)(2). through June 30, 1997). 4 15 U.S.C. 78q–1(b)(3)(F). 28752 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices credit deposited as margin, the FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Commission stated that the temporary Curtis B. Rich, Management Analyst, National Highway Traffic Safety approval period would allow the Small Business Administration, 409 3rd Administration (NHTSA) Commission and other interested parties Street, SW., Suite 5000, Washington, DC an opportunity to assess the effects 20416. Phone Number: 202–205–6629. Title: Insurer Reporting Requirement for 49 CFR Part 544—Motor Vehicle these revised standards would have on SUPPLEMENTARY INFORMATION: letter of credit issuance and margin Title: ‘‘Application for Business Theft Law Enforcement Act of 1984. deposits at OCC.5 The Commission OMB No.: 2127–0547. Loan’’. Type of Request: Reinstatement, with initially granted temporary approval for Type of Request: Extension of a the rule change on August 30, 1991. For change, of a previously approved Currently Approved Collection. collection for which approval has that year, letters of credit deposited as Form No’s.: 4I, 4Schedule A, 4L, 4EX, margin constituted approximately $1.9 expired. 4Short. Affected Public: Specific vehicle billion of OCC’s total margin deposit of Description of Respondents: insurance companies, and rental/leasing approximately $19.5 billion (9.7 percent Applicants for an SBA Business Loan. companies (which have a fleet size of of the total margin deposit).6 As of Annual Responses: 33,150. 50,000 or more and are not covered by December 31, 1996, the amount of Annual Burden: 656,038. letters of credit deposited as margin theft insurance policies issued by motor Comments: Send all comments vehicle insurers). Specific motor vehicle increased to approximately $2.5 billion regarding this information to Mike of OCC’s total margin deposits of insurance companies and subject rental Dowd, Director, Office of Loan and leasing companies are listed in approximately $18.3 billion (13.7 Programs, Financial Assistance, Small percent of the total margin deposits).7 Appendices A, B, and C of Part 544. Business Administration, 409 3rd Street, Abstract: The Motor Vehicle Theft Therefore, it appears that the rule SW., Suite 8300, Washington, DC 20416. Law Enforcement Act of 1984 was change has neither hindered the use of Phone No.: 202–205–6570. Send amended by the Anti Car Theft Act the letters of credit nor increased their comments regarding whether this use beyond a reasonable level. (ACTA) of 1992 (Pub. L. 102–519) information collection is necessary for which mandated this information III. Conclusion the proper performance of the function collection. One component of the of the agency, accuracy of burden comprehensive theft prevention package On the basis of the foregoing, the estimate, in addition to ways to Commission finds that the proposal is required the Secretary of Transportation minimize this estimate, and ways to (delegated to the NHSTA) to promulgate consistent with the requirements of the enhance the quality. Act and in particular with the a theft prevention standard to provide requirements of Section 17A of the Act Dated: May 20, 1997. for the identification of certain motor and the rules and regulations Jacqueline White, vehicles and their major replacement thereunder. Chief, Administrative Information Branch. parts to impede motor vehicle theft. It is therefore ordered, pursuant to [FR Doc. 97–13784 Filed 5–23–97; 8:45 am] Section 615 of the ACTA requires Section 19(b)(2) of the Act, that the BILLING CODE 8025±01±M insurance companies and rental/leasing proposed rule change (File No. SR– companies to provide information to OCC–96–15) be and hereby is approved. NHTSA on comprehensive insurance For the Commission by the Division of DEPARTMENT OF TRANSPORTATION premiums which address motor vehicle Market Regulation, pursuant to delegated theft. authority.8 Office of the Secretary Need: These reports are required to be Margaret H. McFarland, submitted in a specified format as Deputy Secretary. Reports, Forms and Recordkeeping shown in Parts 544.5 and 544.6, giving requirements and contents of the report. [FR Doc. 97–13805 Filed 5–23–97; 8:45 am] Requirements Agency Information Collection Activity Under OMB Review The information will be used by NHTSA BILLING CODE 8010±01±M in exercising its statutory authority to AGENCY: Office of the Secretary, DOT. help reduce comprehensive insurance ACTION: Notice. premiums charged by insurers of motor SMALL BUSINESS ADMINISTRATION vehicles due to motor vehicle thefts. SUMMARY: In compliance with the The report will also show the rate of Data Collection Available for Public Paperwork Reduction Act (44 U.S.C. Comments and Recommendations theft and recoveries of stolen vehicles 3501 et seq.), this notice announces that that they insure by type and other ACTION: Notice and request for the Information Collection Request (ICR) categories. Without this information, the comments. abstracted below has been forwarded to agency cannot adequately assess the the Office of Management and Budget effectiveness of the ACTA as directed by SUMMARY: In accordance with the (OMB) for reinstatement. The ICR Congress. Paperwork Reduction Act of 1995, this describes the nature of the information Estimated Annual Burden: 197,390 notice announces the Small Business collection and its expected burden. The hours. Administration’s intentions to request Federal Register Notice with a 60-day ADDRESSES: Send comments to the approval on a new, and/or currently comment period soliciting comments on Office of Information and Regulatory approved information collection. the following collection of information Affairs, Office of Management and DATES: Comments should be submitted was published in 61 FR 68811–68812, Budget, 725—17th Street, NW., on or before July 28, 1997. December 30, 1996. Washington, DC 20503, Attention DOT DATES: Comments must be submitted on Desk Officer. 5 Supra note 3. or before June 26, 1997. Comments are invited on: Whether 6 Conversation between Michael G. Vitek, OCC, FOR FURTHER INFORMATION CONTACT: and Jeffrey S. Mooney, Attorney, Commission, (May the proposed collection of information 15, 1997). Edward Kosek, NHTSA Information is necessary for the proper performance 7 OCC 1996 Annual Report, pg 22. Collection Clearance Officer at (202) of the functions of the Department, 8 17 CFR 200.30–3(a)(12). 366–2589. including whether the information will Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28753 have practical utility; the accuracy of 18, 1997 at the Tysons Westpark Hotel, Issued: May 19, 1997. the Department’s estimate of the burden 8401 Westpark Drive, in McLean, VA. L. Robert Shelton, of the proposed information collection; Associate Administrator for Safety ADDRESSES: Questions for the June 18, ways to enhance the quality, utility and Performance Standards. NHTSA Technical Industry Meeting, clarity of the information to be [FR Doc. 97–13739 Filed 5–23–97; 8:45 am] relating to the agency’s vehicle collected; and ways to minimize the BILLING CODE 4910±59±M burden of the collection of information regulatory program, should be on respondents, including the use of submitted to Delia Gage, NPS–01, automated collection techniques or National Highway Traffic Safety DEPARTMENT OF TRANSPORTATION other forms of information technology. Administration, Room 5401, 400 Seventh Street, SW., Washington, DC National Highway Traffic Safety Issued in Washington, DC, on May 20, 1997. 20590, Fax Number 202–366–4329. The Administration Vanester M. Williams, meeting will be held at the Hilton Suites [Docket No. 97±032; Notice 1] Clearance Officer, United States Department Hotel, 8600 Wickham Road, Romulus, of Transportation. Michigan. Notice of Receipt of Petition for [FR Doc. 97–13741 Filed 5–23–97; 8:45 am] FOR FURTHER INFORMATION CONTACT: Decision That Nonconforming 1989 Chrysler Shadow Passenger Cars Are BILLING CODE 4910±62±P Delia Gage, (202) 366–1810. Eligible for Importation SUPPLEMENTARY INFORMATION: NHTSA AGENCY: National Highway Traffic DEPARTMENT OF TRANSPORTATION holds this regular, quarterly meeting to answer questions from the public and Safety Administration, DOT. National Highway Traffic Safety the regulated industries regarding the ACTION: Notice of receipt of petition for Administration agency’s vehicle regulatory program. decision that nonconforming 1989 Questions on aspects of the agency’s Chrysler Shadow passenger cars are Safety Performance Standards and research and development activities that eligible for importation. Research and Development Programs relate directly to ongoing regulatory Meetings SUMMARY: This notice announces receipt actions should be submitted, as in the by the National Highway Traffic Safety AGENCY: National Highway Traffic past, to the agency’s Safety Performance Administration (NHTSA) of a petition Safety Administration. Standards Office. The purpose of this for a decision that a 1989 Chrysler ACTION: Notice of NHTSA industry meeting is to focus on those phases of Shadow manufactured for the Middle meetings. NHTSA activities which are technical, Eastern market that was not originally interpretative or procedural in nature. manufactured to comply with all SUMMARY: This notice announces a Transcripts of these meetings will be applicable Federal motor vehicle safety public meeting at which NHTSA will available for public inspection in the standards is eligible for importation into answer questions from the public and NHTSA Technical Reference Section in the United States because (1) it is the automobile industry regarding the Washington, DC, within four weeks after substantially similar to a vehicle that agency’s vehicle regulatory program. In the meeting. Copies of the transcript was originally manufactured for sale in addition, NHTSA will hold a separate will then be available at ten cents a the United States and that was certified public meeting to describe and discuss page, (length has varied from 100 to 150 by its manufacturer as complying with specific research and development pages) upon request to NHTSA the safety standards, and (2) it is capable projects. Technical Reference Section, Room of being readily altered to conform to DATES: The Agency’s regular, quarterly 5108, 400 Seventh Street, SW., the standards. public meeting relating to its vehicle Washington, DC 20590. The Technical DATES: The closing date for comments regulatory program will be held on June Reference Section is open to the public on the petition is June 26, 1997. 18, 1997, beginning at 9:45 a.m. and ADDRESSES: ending at approximately 12:30 p.m. from 9:30 a.m. to 4:00 p.m. We would Comments should refer to Questions relating to the vehicle appreciate the questions you send us to the docket number and notice number, regulatory program must be submitted be organized by categories to help us to and be submitted to: Docket Section, in writing by May 30, 1997, to the process the questions into agenda form Room 5109, National Highway Traffic address shown below. If sufficient time more efficiently. Sample format as Safety Administration, 400 Seventh St., is available, questions received after follows: SW, Washington, DC 20590. [Docket hours are from 9:30 a.m. to 4 p.m.] May 30 may be answered at the meeting. I. Rulemaking The individual, group or company A. Crash avoidance FOR FURTHER INFORMATION CONTACT: submitting a question(s) does not have B. Cashworthiness George Entwistle, Office of Vehicle to be present for the questions(s) to be C. Other Rulemakings Safety Compliance, NHTSA (202–366– answered. A consolidated list of the II. Consumer Information 5306). questions submitted by May 30, 1997, III. Miscellaneous SUPPLEMENTARY INFORMATION: and the issues to be discussed, will be transmitted to interested persons by NHTSA will provide auxiliary aids to Background June 16, 1997, and will be available at participants as necessary. Any person Under 49 U.S.C. 30141(a)(1)(A), a the meeting. Also, the agency will hold desiring assistance of ‘‘auxiliary aids’’ motor vehicle that was not originally a second public meeting June 19, (e.g., sign-language interpreter, manufactured to conform to all devoted exclusively to a presentation of telecommunications devices for deaf applicable Federal motor vehicle safety research and development programs. persons (TDDs), readers, taped texts, standards shall be refused admission That meeting is described more fully in Brailled materials, or large print into the United States unless NHTSA a separate announcement. The next materials and/or a magnifying device), has decided that the motor vehicle is NHTSA vehicle regulatory program please contact Delia Gage on (202) 366– substantially similar to a motor vehicle meeting will take place on September 1810, by COB June 16, 1997. originally manufactured for importation 28754 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices into and sale in the United States, 202 Head Restraints, 203 Impact Register pursuant to the authority certified under 49 U.S.C. 30115, and of Protection for the Driver from the indicated below. the same model year as the model of the Steering Control System, 204 Steering Authority: 49 U.S.C. 30141(a)(1)(A) and motor vehicle to be compared, and is Control Rearward Displacement, 205 (b)(1); 49 CFR 593.8; delegations of authority capable of being readily altered to Glazing Materials, 206 Door Locks and at 49 CFR 1.50 and 501.8. conform to all applicable Federal motor Door Retention Components, 207 Issued on: May 20, 1997. vehicle safety standards. Seating Systems, 208 Occupant Crash Marilynne Jacobs, Petitions for eligibility decisions may Protection, 209 Seat Belt Assemblies, Director Office of Vehicle Safety Compliance. be submitted by either manufacturers or 210 Seat Belt Assembly Anchorages, 212 importers who have registered with Windshield Retention, 214 Side Impact [FR Doc. 97–13740 Filed 5–23–97; 8:45 am] NHTSA pursuant to 49 CFR Part 592. As Protection, 216 Roof Crush Resistance, BILLING CODE 4910±59±P specified in 49 CFR 593.7, NHTSA 219 Windshield Zone Intrusion, 301 publishes notice in the Federal Register Fuel System Integrity, and 302 DEPARTMENT OF TRANSPORTATION of each petition that it receives, and Flammability of Interior Materials. affords interested persons an Additionally, the petitioner states that Surface Transportation Board opportunity to comment on the petition. the non-U.S. certified 1989 Chrysler At the close of the comment period, Shadow complies with the Bumper NHTSA decides, on the basis of the Standard found in 49 CFR Part 581 and [STB Finance Docket No. 33397] petition and any comments that it has the requirements for vehicle received, whether the vehicle is eligible Illinois Central Railroad Company; identification number plates found in 49 Trackage Rights Exemption; The for importation. The agency then CFR Part 565. publishes this decision in the Federal Burlington Northern and Santa Fe Petitioner also contends that the Railway Company Register. vehicle is capable of being readily J.K. Motors of Kingsville, Maryland altered to meet the following standards, The Burlington Northern and Santa Fe (‘‘J.K.’’) (Registered Importer 90–006) in the manner indicated: has petitioned NHTSA to decide Railway Company has agreed to grant Standard No. 101 Controls and overhead trackage rights to Illinois whether 1989 Chrysler Shadow Displays: (a) substitution of a lens passenger cars manufactured for the Central Railroad Company over trackage marked ‘‘Brake’’ for a lens with a Middle Eastern market are eligible for located between Broadway Street and noncomplying symbol on the brake importation into the United States. The Louisiana Street in Memphis, TN. failure indicator lamp; (b) replacement vehicle which J.K. believes is of the speedometer with a unit The transaction is expected to be substantially similar is the 1989 Dodge calibrated in miles per hour. consummated on May 20, 1997, the Shadow that was manufactured for sale effective date of the exemption. in the United States and certified by its Standard No. 108 Lamps, Reflective Devices and Associated Equipment: (a) As a condition to this exemption, any manufacturer, Chrysler Corporation, as employees affected by the trackage conforming to all applicable Federal installation of U.S.-model sealed rights will be protected by the motor vehicle safety standards. headlamps and front sidemarker lights; conditions imposed in Norfolk and The petitioner claims that it carefully (b) installation of U.S.-model taillamp Western Ry. Co.—Trackage Rights—BN, compared the non-U.S. certified 1989 assemblies which incorporate rear 354 I.C.C. 605 (1978), as modified in Chrysler Shadow to the 1989 Dodge sidemarker lights; (c) installation of a Mendocino Coast Ry., Inc.—Lease and Shadow, and found the two vehicles to U.S.-model high mounted stop lamp. Operate, 360 I.C.C. 653 (1980). be substantially similar with respect to Standard No. 110 Tire Selection and compliance with most Federal motor Rims: installation of a tire information This notice is filed under 49 CFR vehicle safety standards. placard. 1180.2(d)(7). If the notice contains false J.K. submitted information with its Standard No. 111 Rearview Mirror: or misleading information, the petition intended to demonstrate that replacement of the passenger side exemption is void ab initio. Petitions to the non-U.S. certified 1989 Chrysler rearview mirror with a U.S.-model revoke the exemption under 49 U.S.C. Shadow, as originally manufactured, component. 10502(d) may be filed at any time. The conforms to many Federal motor vehicle Interested persons are invited to filing of a petition to revoke will not safety standards in the same manner as submit comments on the petition stay the transaction. the 1989 Dodge Shadow, or is capable described above. Comments should refer An original and 10 copies of all of being readily altered to conform to to the docket number and be submitted pleadings, referring to STB Finance those standards. to: Docket Section, National Highway Docket No. 33397, must be filed with Specifically, the petitioner claims that Traffic Safety Administration, Room the Surface Transportation Board, Office the non-U.S. certified 1989 Chrysler 5109, 400 Seventh Street, S.W., of the Secretary, Case Control Unit, 1925 Shadow is identical to the 1989 Dodge Washington, DC 20590. It is requested K Street, N.W., Washington, DC 20423– Shadow with respect to compliance but not required that 10 copies be 0001 and served on: Anne E. Keating, with Standard Nos. 102 Transmission submitted. General Solicitor, Illinois Central Shift Lever Sequence . . . ., 103 All comments received before the Railroad Company, 455 North Cityfront Defrosting and Defogging Systems, 104 close of business on the closing date Plaza Drive, Chicago, IL 60611–5504. Windshield Wiping and Washing indicated above will be considered, and Systems, 105 Hydraulic Brake Systems, will be available for examination in the Decided: May 19, 1997. 106 Brake Hoses, 109 New Pneumatic docket at the above address both before By the Board, David M. Konschnik, Tires, 113 Hood Latch Systems, 114 and after that date. To the extent Director, Office of Proceedings. Theft Protection, 116 Brake Fluid, 118 possible, comments filed after the Vernon A. Williams, Power Window Systems, 124 closing date will also be considered. Secretary. Accelerator Control Systems, 201 Notice of final action on the petition [FR Doc. 97–13807 Filed 5–23–97; 8:45 am] Occupant Protection in Interior Impact, will be published in the Federal BILLING CODE 4915±00±P Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28755

DEPARTMENT OF VETERANS the use of other forms of information to the notice. This notice solicits AFFAIRS technology. comments on requirements relating to Title and Form Number: Request for the release of personal liability to the [OMB Control No. 2900±0365] Disinterment, VA Form 40–4970. Government for a VA-guaranteed OMB Control Number: 2900–0365. mortgage. Proposed Information Collection Type of Review: Revision of a DATES: Written comments and Activity: Proposed Collection; currently approved collection. recommendations on the proposed Comment Request; Revision Abstract: Interments made in national collection of information should be cemeteries are permanent and final. AGENCY: received on or before July 28, 1997. National Cemetery System, Disinterments will be permitted for Department of Veterans Affairs. ADDRESSES: Submit written comments cogent reasons, and then with prior on the collection of information to ACTION: Notice. written authorization only, usually by Nancy J. Kessinger, Veterans Benefits the Cemetery Director. Approval can be SUMMARY: The National Cemetery Administration (20S52), Department of granted when all immediate family System (NCS) is announcing an Veterans Affairs, 810 Vermont Avenue, members of the decedent, including the opportunity for public comment on the NW, Washington, DC 20420. Please refer person who initiated the interment, give proposed collection of certain to ‘‘OMB Control No. 2900–0112’’ in their written consent. An order from a information by the agency. Under the any correspondence. court of local jurisdiction can be Paperwork Reduction Act (PRA) of FOR FURTHER INFORMATION CONTACT: accepted in lieu of submitting VA form 1995, Federal agencies are required to Nancy J. Kessinger at (202) 273–8310 or 40–4970. The form is used to allow a publish notice in the Federal Register FAX (202) 275–4884. person to request removal of remains concerning each proposed collection of from a national cemetery for interment SUPPLEMENTARY INFORMATION: Under the information, including each proposed at another location. The information is PRA of 1995 (Pub.L. 104–13; 44 U.S.C., revision of a currently approved used for approving or disapproving the 3501–3520), Federal agencies must collection, and allow 60 days for public disinterment request. obtain approval from the Office of comment in response to the notice. This Affected Public: Individuals or Management and Budget (OMB) for each notice solicits comments on households. collection of information they conduct requirements relating to a request for Estimated Annual Burden: 33 hours. or sponsor. This request for comment is disinterment from a national cemetery. Estimated Average Burden Per being made pursuant to Section DATES: Written comments and Respondent: 10 minutes. 3506(c)(2)(A) of the PRA. recommendations on the proposed Frequency of Response: On occasion. With respect to the following collection of information should be Estimated Number of Respondents: collection of information, VBA invites received on or before July 28, 1997. 197. comments on: (1) Whether the proposed collection of information is necessary ADDRESSES: Submit written comments Dated: May 15, 1997. on the collection of information to for the proper performance of VBA’s By direction of the Secretary. Frances Willis, National Cemetery functions, including whether the System (402D), Department of Veterans Donald L. Neilson, information will have practical utility; Affairs, 810 Vermont Avenue, NW, Director, Information Management Service. (2) the accuracy of VBA’s estimate of the Washington, DC 20420. Please refer to [FR Doc. 97–13707 Filed 5–23–97; 8:45 am] burden of the proposed collection of ‘‘OMB Control No. 2900–0365’’ in any BILLING CODE 8320±01±P information; (3) ways to enhance the correspondence. quality, utility, and clarity of the information to be collected; and (4) FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF VETERANS ways to minimize the burden of the Frances Willis at (202) 273–5189. AFFAIRS collection of information on SUPPLEMENTARY INFORMATION: Under the [OMB Control No. 2900±0112] respondents, including through the use PRA of 1995 (Pub.L. 104–13; 44 U.S.C., of automated collection techniques or 3501–3520), Federal agencies must Proposed Information Collection the use of other forms of information obtain approval from the Office of Activity: Proposed Collection; technology. Management and Budget (OMB) for each Comment Request; Reinstatement Title and Form Number: Statement of collection of information they conduct Holder or Servicer of Veteran’s Loan, or sponsor. This request for comment is AGENCY: Veterans Benefits Form Letter 26–559. being made pursuant to Section Administration, Department of Veterans OMB Control Number: 2900–0112. 3506(c)(2)(A) of the PRA. Affairs. Type of Review: Reinstatement, With respect to the following ACTION: Notice. without change, of a previously collection of information, NCS invites approved collection for which approval comments on: (1) Whether the proposed SUMMARY: The Veterans Benefits has expired. collection of information is necessary Administration (VBA) is announcing an Abstract: Veteran-borrowers may sell for the proper performance of NCS’s opportunity for public comment on the their home subject to the existing VA- functions, including whether the proposed collection of certain guaranteed mortgage lien without the information will have practical utility; information by the agency. Under the prior approval of the VA if the (2) the accuracy of NCS’s estimate of the Paperwork Reduction Act (PRA) of commitment for the loan was made burden of the proposed collection of 1995, Federal agencies are required to prior to March 1, 1988. However, if they information; (3) ways to enhance the publish notice in the Federal Register wish to be released from personal quality, utility, and clarity of the concerning each proposed collection of liability to the Government in the event information to be collected; and (4) information, including each proposed of a subsequent default by a transferee, ways to minimize the burden of the reinstatement, without change, of a the VA must determine, pursuant to 38 collection of information on previously approved collection for U.S.C. § 3713(a), that: (1) the loan respondents, including through the use which approval has expired, and allow payments are current; (2) the transferee of automated collection techniques or 60 days for public comment in response will assume the veteran’s legal liabilities 28756 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices in connection with the loan; and (3) the notice solicits comments on Estimated Annual Burden: 2,067 purchaser qualifies from a credit requirements relating to the application hours. standpoint. Also, veteran-borrowers to become a fee basis appraiser to Estimated Average Burden Per may sell their home to veteran- appraise residential real estate and Respondent: 20 minutes. transferees in accordance with 38 U.S.C. recommend value for loan purposes. Frequency of Response: On occasion. § 3702(b)(2). However, eligible DATES: Comments must be submitted on Estimated Number of Respondents: transferees must meet all the or before July 28, 1997. 6,200. requirements of 38 U.S.C. § 3713(a) in ADDRESSES: Submit written comments Dated: May 15, 1997. addition to having sufficient available on the collection of information to By direction of the Secretary. loan guaranty entitlement to replace the Nancy J. Kessinger, Veterans Benefits Donald L. Neilson, amount of entitlement used by the seller Administration (20S52), Department of Director, Information Management Service. in obtaining the original loan. In performing the credit underwriting Veterans Affairs, 810 Vermont Avenue, [FR Doc. 97–13709 Filed 5–23–97; 8:45 am] functions associated with processing a NW, Washington, DC 20420. Please refer BILLING CODE 8320±01±P veteran’s request for release from to ‘‘OMB Control No. 2900–0113’’ in liability and/or substitution of any correspondence. DEPARTMENT OF VETERANS entitlement, loan specialists at VA field FOR FURTHER INFORMATION CONTACT: AFFAIRS stations must collect and verify Nancy J. Kessinger at (202) 273–8310 or FAX (202) 275–4884. information from the current holder or [OMB Control No. 2900±0567] servicer of the loan. Form Letter 26–559 SUPPLEMENTARY INFORMATION: Under the collects information on the mortgage PRA of 1995 (Pub. L. 104–13; 44 U.S.C., Proposed Information Collection loan amount, payment terms, taxes, 3501–3520), Federal agencies must Activity: Proposed Collection; insurance and liens which are used to obtain approval from the Office of Comment Request; Extension compute the total monthly mortgage Management and Budget (OMB) for each cost to the borrower. collection of information they conduct AGENCY: National Cemetery System, Affected Public: Business or other for- or sponsor. This request for comment is Department of Veterans Affairs. profit—Individuals or households. being made pursuant to Section ACTION: Notice. Estimated Annual Burden: 2,500 3506(c)(2)(A) of the PRA. SUMMARY: The National Cemetery hours. With respect to the following System (NCS) is announcing an Estimated Average Burden Per collection of information, VBA invites opportunity for public comment on the Respondent: 10 minutes. comments on: (1) Whether the proposed proposed collection of certain Frequency of Response: One-time. collection of information is necessary information by the agency. Under the Estimated Number of Respondents: for the proper performance of VBA’s Paperwork Reduction Act (PRA) of 15,000. functions, including whether the 1995, Federal agencies are required to Dated: May 15, 1997. information will have practical utility; publish notice in the Federal Register By direction of the Secretary. (2) the accuracy of VBA’s estimate of the concerning each proposed collection of burden of the proposed collection of Donald L. Neilson, information, including each proposed information; (3) ways to enhance the Director, Information Management Service. extension of a currently approved quality, utility, and clarity of the [FR Doc. 97–13708 Filed 5–23–97; 8:45 am] collection, and allow 60 days for public information to be collected; and (4) BILLING CODE 8320±01±P comment in response to the notice. This ways to minimize the burden of the notice solicits comments on collection of information on requirements relating to requests for respondents, including through the use DEPARTMENT OF VETERANS additional or the reissue of memorial of automated collection techniques or AFFAIRS certificates. the use of other forms of information [OMB Control No. 2900±0113] technology. DATES: Written comments and Title and Form Number: Application recommendations on the proposed Proposed Information Collection for Fee Personnel Designation, VA Form collection of information should be Activity: Proposed Collection; 26–6681. received on or before July 28, 1997. Comment Request; Extension. OMB Control Number: 2900–0113. ADDRESSES: Submit written comments on the collection of information to AGENCY: Veterans Benefits Type of Review: Extension of a Frances Willis, National Cemetery Administration, Department of Veterans currently approved collection. System (402D), Department of Veterans Affairs. Abstract: The form solicits Affairs, 810 Vermont Avenue, NW, ACTION: Notice. information on the fee personnel applicant’s background and experience Washington, DC 20420. Please refer to SUMMARY: The Veterans Benefits in the real estate valuation field. VA ‘‘OMB Control No. 2900–0567’’ in any Administration (VBA) is announcing an regional offices and centers use the correspondence. opportunity for public comment on the information contained on the form to FOR FURTHER INFORMATION CONTACT: proposed collection of certain evaluate applicants’ experience for the Frances Willis at (202) 273–5189. information by the agency. Under the purpose of designating qualified SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act (PRA) of individuals to serve on the fee roster for PRA of 1995 (Public Law 104–13; 44 1995, Federal agencies are required to their stations. Qualifications are stated U.S.C., 3501–3520), Federal agencies publish notice in the Federal Register in 38 CFR 36.4339. Collection of this must obtain approval from the Office of concerning each proposed collection of information is essential in evaluating Management and Budget (OMB) for each information, including each proposed the professional expertise of fee collection of information they conduct extension of a currently approved applicants. or sponsor. This request for comment is collection, and allow 60 days for public Affected Public: Individuals or being made pursuant to Section comment in response to the notice. This households. 3506(c)(2)(A) of the PRA. Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28757

With respect to the following DEPARTMENT OF VETERANS of information on respondents, collection of information, NCS invites AFFAIRS including through the use of automated collection techniques or the use of other comments on: (1) Whether the proposed [OMB Control No. 2900±0091] collection of information is necessary forms of information technology. for the proper performance of NCS’s Proposed Information Collection Title and Form Numbers: Application functions, including whether the Activity: Proposed Collection; for Medical Benefits, VA Form 10–10; information will have practical utility; Comment Request; Revision Insurance Information, VA Form 10–10I; (2) the accuracy of NCS’s estimate of the Financial Worksheet, VA Form 10–10F; AGENCY: and Funeral Arrangements, VA Form burden of the proposed collection of Veterans Health Administration, Department of Veterans 10–2065. information; (3) ways to enhance the Affairs. OMB Control Number: 2900–0091. quality, utility, and clarity of the ACTION: Notice. Type of Review: Revision of a information to be collected; and (4) currently approved collection. ways to minimize the burden of the SUMMARY: The Veterans Health Abstract: The forms are used to collection of information on Administration (VHA) is announcing an collect information in connection with respondents, including through the use opportunity for public comment on the providing medical care benefits, of automated collection techniques or proposed collection of certain obtaining health insurance information the use of other forms of information information by the agency. Under the for third party billing purposes, technology. Paperwork Reduction Act (PRA) of obtaining income and asset information, and for the purposes of making funeral Title: PMC (Presidential Memorial 1995, Federal agencies are required to and burial arrangements for deceased Certificate) Insert. publish notice in the Federal Register concerning each proposed collection of veterans. The purpose of the collection OMB Control Number: 2900–0567. information, including each proposed of information is outlined below: Type of Review: Extension of a revision of a currently approved a. VA Form 10–10 is used to establish currently approved collection. collection, and allow 60 days for public a system of records on veterans applying for medical benefits. The information is Abstract: The PMC Program was comment in response to the notice. This notice solicits comments on used to identify the veterans applying initiated in March 1962 by President for medical care, establish initial John F. Kennedy to honor the memory requirements relating to the collection of information from veterans during the eligibility for care, and to provide of honorably discharged, deceased medical care application process and emergency contacts, employment veterans, and has been continued by all when making funeral and burial information, military service data, and subsequent Presidents. A PMC is mailed arrangements. income screening for pharmacy co- to deceased veterans relatives and DATES: Written comments and payment. friends honoring their military service b. VA Form 10–10F is used to collect recommendations on the proposed to our Nation. In most cases involving financial information on veterans whose collection of information should be eligibility for VA health care benefits is recent deaths, the local VA regional received on or before July 28, 1997. office originates the process without a based on income. Nonservice-connected ADDRESSES: Submit written comments request from the next-of-kin. With the veterans and noncompensable service- on the collection of information to Ann connected veterans rated 0% seeking automation of the program, the insert Bickoff, Veterans Health Administration will accompany the issuance of the care for their nonservice-connected (161A1), Department of Veterans conditions complete the form to original certificate. The insert provides Affairs, 810 Vermont Avenue, NW, a convenient method for the recipients establish their eligibility for cost-free Washington, DC 20420. Please refer to health care, mileage reimbursement and of the original PMC to request ‘‘OMB Control No. 2900–0091’’ in any additional certificates and/or prescription co-payment exemption correspondence. benefits. Veterans with compensable replacement or corrected certificates. FOR FURTHER INFORMATION CONTACT: Ann The information will be used by the service-connected disabilities rated 0, Bickoff at (202) 273–8310. 10 or 20% may provide their income NCS to promptly reissue or provide SUPPLEMENTARY INFORMATION: Under the information to establish their eligibility additional certificates. PRA of 1995 (Pub. L. 104–13; 44 U.S.C., for prescription co-payment exemption Affected Public: Individuals or 3501–3520), Federal agencies must and mileage reimbursement. Veterans households. obtain approval from the Office of with service-connected disabilities rated Estimated Annual Burden: 925 hours. Management and Budget (OMB) for each 30 or 40% may provide their income collection of information they conduct information to determine their Estimated Average Burden Per or sponsor. This request for comment is eligibility for prescription co-payment Respondent: 2 minutes. being made pursuant to Section exemption. Frequency of Response: On occasion. 3506(c)(2)(A) of the PRA. c. VA Form 10–10I is used to collect Estimated Number of Respondents: With respect to the following health insurance information and to bill 27,740. collection of information, VHA invites health insurance carries to recover the comments on: (1) Whether the proposed cost of medical care furnished to Dated: May 15, 1997. collection of information is necessary veterans for treatment of nonservice- By direction of the Secretary. for the proper performance of VHA’s connected conditions. Donald L. Neilson, functions, including whether the d. VA Form 10–2065 serves as an Director, Information Management Service. information will have practical utility; official record of the funeral director to [FR Doc. 97–13710 Filed 5–23–97; 8:45 am] (2) the accuracy of VHA’s estimate of which the person making funeral BILLING CODE 8320±01±P the burden of the proposed collection of arrangements wishes the remains to be information; (3) ways to enhance the released. It is used as a control quality, utility, and clarity of the document when VA is requested to information to be collected; and (4) way arrange for the transportation of the to minimize the burden of the collection deceased from the place of death to the 28758 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices place of burial, and/or when burial is SUPPLEMENTARY INFORMATION: By direction of the Secretary. requested in a National Cemetery. Donald L. Neilson, Affected Public: Individuals or Title and Form Number: VA Police Director Information Management Service. Officer Pre-Employment Screening households. [FR Doc. 97–13711 Filed 5–23–97; 8:45 am] Checklist, VA Form 0120 (formerly VA Estimated Annual Burden: 3,212,738 BILLING CODE 8320±01±P hours. Form 10–0120). a. VA Form 10–10—2,175,000 hours. OMB Control Number: 2900–0524. b. VA Form 10–10F—454,667 hours. DEPARTMENT OF VETERANS c. VA Form 10–10I—580,000 hours. Type of Review: Reinstatement, AFFAIRS d. VA Form 10–2065—3,071 hours. without change, of a previously Estimated Average Burden Per approved collection for which approval Scientific Review and Evaluation Respondent: 21 minutes. has expired. Board for Health Services Research a. VA Form 10–10—45 minutes. and Development Service; Notice of Abstract: Each VA medical center has Meeting b. VA Form 10–10F—20 minutes. authority to hire its own VA police c. VA Form 10–10I—12 minutes. officers. Prior to employment of a The Department of Veterans Affairs, d. VA Form 10–2064—5 minutes. qualified applicant, each facility is Veterans Health Administration, gives Frequency of Response: On occasion. required to conduct an FBI arrest record notice under Public Law 92–463, that a Estimated Number of Respondents: inquiry and to contact listed former meeting of the Scientific Review and 7,198,850. employers for a determination of any Evaluation Board for Health Services a. VA Form 10–10—2,900,000. adverse performance or suitability Research and Development Service will b. VA Form 10–10F—1,364,000. information. VA Form 0120 is be held at the Westin, 1400 M Street, c. VA Form 10–10I—2,900,000. completed by each VA facility human N.W., Washington, D.C., June 23 d. VA Form 10–2064—34,850. resources office and serves as the record through June 25, 1997, from 8:00 a.m. until 5:00 p.m. (Eastern Time) each day. Dated: May 15, 1997. of pre-employment screening to The purpose of the meeting is to review By direction of the Secretary. determine the qualifications and suitability of the applicant. The Office research and development applications Donald L. Neilson, of Security and Law Enforcement concerned with the measurement and Director, Information Management Service. reviews each completed form and evaluation of health care systems and [FR Doc. 97–13712 Filed 5–23–97; 8:45 am] authorizes the VA police badge set with testing new methods of health care BILLING CODE 8320±01±P issuance only in those instances where delivery and management. Applications screening documentation is satisfactory are reviewed for scientific and technical accomplished. The form serves as a merit. Recommendations regarding their DEPARTMENT OF VETERANS standard means of ensuring the funding are prepared for the Chief AFFAIRS completion of the pre-employment Research and Development Officer (12). process. This meeting will be open to the [OMB Control No. 2900±0524] public at the start of the June 23 session An agency may not conduct or for approximately one half-hour to cover Agency Information Collection sponsor, and a person is not required to administrative matters and to discuss Activities Under OMB Review respond to a collection of information the general status of the program. The unless it displays a currently valid OMB closed portion of the meeting involves AGENCY: Office of Security and Law control number. The Federal Register discussion, examination, reference to, Enforcement, Department of Veterans Notice with a 60-day comment period and oral review of staff and consultant Affairs. soliciting comments on this collection critiques of research protocols and ACTION: Notice. of information was published on March similar documents. During this portion 12, 1996 at page 10062. of the meeting, discussion and SUMMARY: In compliance with the Affected Public: State, Local or Tribal recommendations will deal with the Paperwork Reduction Act (PRA) of 1995 Government, Business or other for- qualifications of the personnel (44 U.S.C., 3501 et seq.), this notice profit, and Federal Government. conducting the studies (the disclosure of announces that the Office of Security which would constitute a clearly and Law Enforcement, Department of Estimated Annual Burden: 250 hours. unwarranted invasion of personal Veterans Affairs, has submitted the Estimated Average Burden Per privacy), as well as research information collection of information abstracted Respondent: 10 minutes. (the premature disclosure of which below to the Office of Management and Frequency of Response: Generally would be likely to frustrate significantly Budget (OMB) for review and comment. one-time. implementation of proposed agency The PRA submission describes the action regarding such research projects). nature of the information collection and Estimated Number of Respondents: As provided by the subsection 10(d) of its expected cost and burden; it includes 1,500. Public Law 92–463, as amended by the actual data collection instrument. Send comments and Public Law 94–409, closing portions of recommendations concerning any DATE: Comments must be submitted on these meetings is in accordance with 5 aspect of the information collection to or before June 26, 1997. U.S.C. 552b(c)(6) and (9)(B). FOR FURTHER INFORMATION OR A COPY OF VA’s OMB Desk Officer, Allison Eydt, Due to the limited seating capacity of THE SUBMISSION CONTACT: Ron Taylor, OMB Human Resources and Housing the room, those who plan to attend the Information Management Service Branch, New Executive Office Building, open session should contact Mr. E. (045A4), Department of Veterans Room 10235, Washington, DC 20503 William Judy, MSHA, Review Program Affairs, 810 Vermont Avenue, NW, (202) 395–4650. Please refer to OMB Manager (124F), Health Services Washington, DC 20420, (202) 273–8015 Control No. 2900–0524 in any Research and Development Service, or FAX (202) 273–5981. Please refer to correspondence. Department of Veterans Affairs, 810 ‘‘OMB Control No. 2900–0524.’’ Dated: May 15, 1997. Vermont Avenue, N.W., Washington, Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28759

D.C., at least five days before the SUMMARY: The Secretary of the SUPPLEMENTARY INFORMATION: 38 U.S.C. meeting. For further information, he can Department of Veterans Affairs is 8161 et seq., specially provides that the be reached at (202) 273–8254. designating the St. Cloud, MN, Secretary may enter into an Enhanced- Dated: May 19, 1997. Department of Veterans Affairs Medical Use lease, if the Secretary determines Center (VAMC) for an Enhanced-Use By Direction of the Secretary. that at least part of the use of the development. The Department intends property under the lease will be to Heyward Bannister, to enter into a long-term lease of real provide appropriate space for an activity Committee Management Officer. property with the City of St. Cloud. The contributing to the mission of the [FR Doc. 97–13705 Filed 5–23–97; 8:45 am] City will operate an existing golf course Department; the lease will not be and will construct and operate BILLING CODE 8320±01±M inconsistent with and will not adversely additional recreation facilities on the affect the mission of the Department; site, and will, as consideration for the and the lease will enhance the property. DEPARTMENT OF VETERANS lease, provide specified services to the This project meets these requirements. AFFAIRS Department at no cost. FOR FURTHER INFORMATION CONTACT: Approved: May 16, 1997. The Enhanced-Use Development of the Jacob Gallun, Office of Asset and Jesse Brown, VAMC St. Cloud, MN; Notice Enterprise Development (189), Veterans Secretary of Veterans Affairs. Health Administration, Department of [FR Doc. 97–13706 Filed 5–23–97; 8:45 am] AGENCY: Department of Veterans Affairs. Veterans Affairs, 810 Vermont Avenue NW, Washington, DC, 20420, (202) 565– BILLING CODE 8320±01±M ACTION: Notice of designation. 4307. 28760

Corrections Federal Register Vol. 62, No. 101

Tuesday, May 27, 1997

This section of the FEDERAL REGISTER DEPARTMENT OF JUSTICE On page 27563, in the first column, in contains editorial corrections of previously the fifth line, the entry ‘‘by ESA’’ should published Presidential, Rule, Proposed Rule, Drug Enforcement Administration read ‘‘to ESA’’ and Notice documents. These corrections are BILLING CODE 1505-01-D prepared by the Office of the Federal Register. Agency prepared corrections are [Docket No. 96-28] issued as signed documents and appear in DEPARTMENT OF TRANSPORTATION the appropriate document categories Robert G. Hallermeier, M.D. elsewhere in the issue. Continuation of Registration With Restrictions Coast Guard Correction 33 CFR Parts 5, 26, 27, 95, 100, 110, DEPARTMENT OF ENERGY 130, 136, 138, 140, 151, 153, 177 In notice document 97–12802 Federal Energy Regulatory beginning on page 26818 in the issue of 46 CFR Part 2 Commission Thursday, May 15, 1997, make the following corrections: [CGD 96-052] [Docket No. RP97-116-003] 1. On page 26821, in the third column, second paragraph, ‘‘(1) For the Koch Gateway Pipeline Company; RIN 2105-AC63 Notice of Compliance Filing years...’’ should read ‘‘(1) For three years...’’ Civil Money Penalties Inflation Correction 2. On page 26821, at the end of the Adjustments In notice document 97–13137 third column, the signature and title appearing on page 27597 in the issue of should have appeared below the date Correction Tuesday, May 20, 1997, make the and should read: In rule document 97–8781 beginning following correction: James S. Milford, on page 16695 in the issue of Tuesday, On page 27597, in the second column, Acting Deputy Administrator. April 8, 1997 make the following in the first document, the Docket No. BILLING CODE 1505-01-D should read as set forth above. corrrections: BILLING CODE 1505-01-D (1) On page 16696, in Table A -- DEPARTMENT OF LABOR SUMMARY OF CIVIL MONETARY PENALTY INFLATION ADJUSTMENT FEDERAL TRADE COMMISSION Employment Standards Administration CALCULATIONS, under the ‘‘U.S. Code [File No. 952-3331] citation’’ heading, in the last entry ‘‘33 20 CFR Parts 718, 722, 725, 726, and U.S.C 1319(a)(2)(A)’’ should read ‘‘33 America Online, Inc.; Analysis to Aid 727 U.S.C 1319(g)(2)(A)’’. Public Comment (2) On page 16697, also in Table A, RIN 1215-AA99 Correction under the same heading, in the fifth entry ‘‘33 U.S.C. 3121(b)(6)(B)(i)’’ Regulations Inplementing the Federal In notice document 97–12581 should read ‘‘33 U.S.C. 1321(b)(6)(B)(i)’’. beginning on page 26510 in the issue of Coal Mine Health and Safety Act of Wednesday, May 14, 1997, make the 1969, as Amended; Notice of Public PART 140--[CORRECTED] following correction: Hearings On page 26510, in the first column, (3) On page 16703, in the second Correction the second line in the DATES section, column, in the authority citation for Part ‘‘[60 days after Federal Register In proposed rule document 97–13166 140, in the first line ‘‘42 U.S.C. 1333, publication date]’’ should read ‘‘July 14, beginning on page 27562 in the issue of 1348, 1350’’ should read ‘‘43 U.S.C. 1997.’’ Tuesday, May 20, 1997 make the 1333, 1348, 1350’’ BILLING CODE 1505-01-D following correction: BILLING CODE 1505-01-D federal register May 27,1997 Tuesday Funding AvailabilityÐFY1997;Notice Supportive HousingfortheElderly; Development Housing andUrban Department of Part II 28761 28762 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

DEPARTMENT OF HOUSING AND request, will provide the applicant with In accordance with the waiver authority URBAN DEVELOPMENT an acknowledgement of receipt. provided in the Act, the Secretary is FOR FURTHER INFORMATION CONTACT: The waiving the following statutory and [Docket No. FR±4202±N±01] HUD office for your jurisdiction, as regulatory provision: The term of the listed in Appendix B to this NOFA. project rental assistance contract is Notice of Funding Availability (NOFA) reduced from 20 years to a minimum SUPPLEMENTARY INFORMATION: for Supportive Housing for the Elderly term of 5 years and a maximum term I. Purpose and Substantive Description which can be supported by funds AGENCY: Office of the Assistant authorized by the Act. HUD anticipates A. Authority Secretary for Housing-Federal Housing that at the end of the contract terms, Commissioner, HUD. The Supportive Housing for the renewals will be approved subject to the ACTION: Notice of funding availability Elderly program, or the Section 202 availability of funds. In addition to this (NOFA) for Fiscal Year (FY) 1997. program, is authorized by section 202 of provision, HUD will reserve project the Housing Act of 1959 (12 U.S.C. rental assistance contract funds based SUMMARY: This NOFA announces HUD’s 1701q). Section 202 was amended by on 75 percent rather than on 100 funding for supportive housing for the section 801 of the Cranston-Gonzalez percent of the current operating cost elderly. This NOFA describes the National Affordable Housing Act standards for approved units in order to following: (a) the purpose of the NOFA, (NAHA) (Pub. L. 101–625; approved take into account the average tenant and information regarding eligibility, November 28, 1990). Section 202 was contribution toward rent. submission requirements, available also amended by the Housing and In accordance with an agreement amounts, and selection criteria; and (b) Community Development Act of 1992 between HUD and the Rural Housing application processing, including how (HCD Act of 1992) (Pub. L. 102–550; Service (RHS) to coordinate the to apply and how selections will be approved October 28, 1992), and by administration of the agencies’ made. Public Law 104–19, enacted on July 27, respective rental assistance programs, APPLICATION PACKAGE: The Application 1995. Under the Section 202 program, HUD is required to notify RHS of Package can be obtained from the the Secretary is authorized to provide applications for housing assistance it Multifamily Housing Clearinghouse, assistance to private nonprofit receives. This notification gives RHS the P.O. Box 6424, Rockville, MD 20850; organizations and nonprofit consumer opportunity to comment if it has telephone 1–800–685–8470 (the TTY cooperatives to expand the supply of concerns about the demand for number is 1–800–483–2209), from the supportive housing for the elderly. HUD additional assisted housing and possible appropriate HUD office identified in provides the assistance as capital harm to existing projects in the same Appendix B to this NOFA and also advances and contracts for project rental housing market area. HUD will consider appears under the HUD Homepage on assistance in accordance with 24 CFR the RHS comments in its review and the Internet which can be accessed part 891. This assistance may be used to project selection process. finance the construction or under ‘‘Development’’ at http:// B. Promoting Comprehensive www.hud.gov/fha/fhamf.html. The rehabilitation of a structure, or acquisition of a structure from the Approaches to Housing and Community Application Package includes a Development checklist of exhibits and steps involved Federal Deposit Insurance Corporation in the application process. (formerly held by the Resolution Trust HUD is interested in promoting Corporation) (FDIC/RTC), to be used as comprehensive, coordinated approaches DATES: The deadline for receipt of supportive housing for the elderly in to housing and community applications in response to this NOFA accordance with part 891. development. Economic development, is 4 p.m. local time on July 28, 1997. Note that on March 22, 1996, HUD community development, public The application deadline is firm as to published a final rule (61 FR 11948) that housing revitalization, homeownership, date and hour. In the interest of fairness consolidated the regulations for the assisted housing for special needs to all applicants, HUD will not consider Section 202 Program of Supportive populations, supportive services, and any application that is received after the Housing for the Elderly and the Section welfare-to-work initiatives can work deadline. Sponsors should take this into 811 Program of Supportive Housing for better if linked at the local level. account and submit applications as Persons with Disabilities in 24 CFR part Toward this end, HUD in recent years early as possible to avoid the risk of 891. has developed the Consolidated unanticipated delays or delivery-related For supportive housing for the Planning process designed to help problems. In particular, Sponsors elderly, the Departments of Veterans communities undertake such intending to mail applications must Affairs and Housing and Urban approaches. provide sufficient time to permit Development, and Independent In this spirit, it may be helpful for delivery on or before the deadline date. Agencies Appropriations Act, 1997 applicants under this NOFA to be aware Acceptance by a post office or private (Pub. L. 104–204; approved September of other related NOFAs that HUD has mailer does not constitute delivery. 26, 1996) (the Act) provides recently published or expects to publish HUD will not accept facsimile (fax), $645,000,000 for capital advances, in the near future. By reviewing these COD, and postage due applications. including amendments to capital NOFAs with respect to their program ADDRESSES: Applications must be advance contracts (not procurement purposes and the eligibility of delivered to the Director of the contracts), for housing for the elderly as applicants and activities, applicants Multifamily Housing Division in the authorized by section 202 of the may be able to relate the activities HUD office for your jurisdiction. A Housing Act of 1959 (as amended by the proposed for funding under this NOFA listing of HUD offices, their addresses, NAHA and HCD Act of 1992), and for to the recent and upcoming NOFAs and and telephone numbers, including TTY project rental assistance, and to the community’s Consolidated Plan. numbers is attached as Appendix B to amendments to contracts for project On April 8, 1997, HUD published in this NOFA. HUD will date and time rental assistance, for supportive housing the Federal Register the NOFA for stamp incoming applications to for the elderly under section 202(c)(2) of Continuum of Care Assistance. On April evidence timely receipt, and, upon the Housing Act of 1959, as amended. 10, 1997, HUD published the NOFA for Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28763

Rental Assistance for Persons with nofas.html. HUD may consider feasible projects in both metropolitan Disabilities in Support of Designated additional steps on NOFA coordination and nonmetropolitan areas, the funds Housing Allocation Plans, and the for FY 1998. may be allocated to only one of the NOFA for Mainstream Housing For help in obtaining a copy of your geographical areas. community’s Consolidated Plan, please Opportunities for Persons with The capital advance amount available contact the community development Disabilities. On April 18, 1997, HUD to the Wisconsin State HUD Office, as office of your municipal government. published the NOFA for the Family stated below in this NOFA, may be Unification Program. On May 7, 1997, C. Allocation Amounts reduced or eliminated due to ongoing HUD published the NOFA for Housing In accordance with 24 CFR part 791, legal proceedings between HUD and the Opportunities for Persons with AIDS. City of Milwaukee. The determination Other NOFAs related to special the Assistant Secretary will allocate the amounts available for capital advances of whether to reduce or eliminate those population programs include the NOFA funds is entirely within the discretion of for the Section 811 Program of for supportive housing for the elderly. HUD reserves project rental assistance HUD. If HUD takes such action or Supportive Housing for Persons with funds based upon 75 percent of the actions, it will publish a notice to that Disabilities, which is published current operating cost standards to effect in the Federal Register. elsewhere in today’s Federal Register, support the units selected for capital and the NOFA for Service Coordinator As a result of a rating error in the advances sufficient for minimum 5-year Funds which HUD expects to publish Massachusetts State Office, the project rental assistance contracts. application of the Rural Housing within the next few weeks. The allocation formula for Section Improvements was not selected and To foster comprehensive, coordinated 202 funds consists of a measure of the funded under the Fiscal Year 1996 approaches by communities, HUD number of one-and two-person elderly Supportive Housing for the Elderly intends for the remainder of FY 1997 to renter households with incomes at or Program. Since this was a HUD error, continue to alert applicants to upcoming below the very low income limit (50 that application will be funded from the and recent NOFAs as each NOFA is percent of area median family income, published. In addition, a complete as determined by HUD, with an Fiscal Year 1997 allocation to the schedule of NOFAs to be published adjustment for household size) that have Massachusetts State Office. during the fiscal year and those already housing deficiencies based on data from Based on the allocation formula, HUD published appears under the HUD the 1990 Census. has allocated the available capital Homepage on the Internet, which can be Since the allocations to some HUD advance funds as shown on the accessed at http://www.hud.gov/ offices are not sufficient to develop following chart:

FISCAL YEAR 1997 ALLOCATIONS FOR SUPPORTIVE HOUSING FOR THE ELDERLYÐFISCAL YEAR 1997 SECTION 202 ALLOCATIONS

Metropolitan capital ad- Nonmetropolitan cap- Totals Offices vance ital advance Capital advance Authority Units Authority Units Authority Units

New England: Massachusetts * ...... $13,224,738 163 $1,452,400 18 $14,677,138 181 Connecticut ...... 5,330,691 66 2,028,960 25 7,359,651 91 New Hampshire ...... 2,901,442 45 2,113,447 32 5,014,889 77 Rhode Island ...... 4,535,046 56 0 0 4,535,046 56

Total ...... 25,991,917 330 5,594,807 75 31,586,724 405

New York/New Jersey: New York ...... 38,524,740 475 723,054 9 39,247,794 484 Buffalo ...... 9,966,925 132 1,911,935 25 11,878,860 157 New Jersey ...... 16,004,754 197 0 0 16,004,754 197

Total ...... 64,496,419 804 2,634,989 34 67,131,408 838

Mid-Atlantic: Maryland ...... 4,992,253 72 680,858 10 5,673,111 82 West Virginia ...... 1,285,008 20 1,048,721 16 2,333,729 36 Pennsylvania ...... 12,788,228 166 1,555,444 20 14,343,672 186 Pittsburgh ...... 5,773,367 85 1,178,624 17 6,951,991 102 Virginia ...... 3,949,284 68 1,319,703 23 5,268,987 91 D.C ...... 5,258,701 73 0 0 5,258,701 73

Total ...... 34,046,841 484 5,783,350 86 39,830,191 570

Southeast/Caribbean: Georgia ...... 4,548,592 77 2,015,141 34 6,563,733 111 Alabama ...... 3,359,260 59 1,380,968 24 4,740,228 83 Caribbean ...... 3,320,946 41 1,138,410 14 4,459,356 55 South Carolina ...... 2,989,534 48 1,088,659 17 4,078,193 65 North Carolina ...... 5,889,849 80 2,695,611 36 8,585,460 116 Mississippi ...... 1,088,875 20 1,572,105 29 2,660,980 49 Jacksonville ...... 14,503,828 232 911,639 15 15,415,467 247 Kentucky ...... 3,135,284 50 1,662,350 27 4,797,634 77 28764 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

FISCAL YEAR 1997 ALLOCATIONS FOR SUPPORTIVE HOUSING FOR THE ELDERLYÐFISCAL YEAR 1997 SECTION 202 ALLOCATIONSÐContinued

Metropolitan capital ad- Nonmetropolitan cap- Totals Offices vance ital advance Capital advance Authority Units Authority Units Authority Units

Knoxville ...... 2,098,457 38 626,016 11 2,724,473 49 Tennessee ...... 2,828,198 50 1,226,999 22 4,055,197 72

Total ...... 43,762,823 695 14,317,898 229 58,080,721 924

Midwest: Illinois ...... 17,560,581 216 2,572,490 32 20,133,071 248 Cincinnati ...... 4,060,883 65 312,798 5 4,373,681 70 Cleveland ...... 7,530,815 107 996,071 14 8,526,886 121 Ohio ...... 2,871,557 46 1,249,596 20 4,121,153 66 Michigan ...... 8,111,211 113 358,450 5 8,469,661 118 Grand Rapids ...... 2,758,296 45 1,086,645 18 3,844,941 63 Indiana ...... 5,257,918 81 1,468,433 23 6,726,351 104 Wisconsin ...... 6,059,408 85 2,117,599 30 8,177,007 115 Minnesota ...... 6,010,579 80 1,665,724 22 7,676,303 102

Total ...... 60,221,248 838 11,827,806 169 72,049,054 1,007

Southwest: Texas/New Mexico ...... 5,861,192 101 1,765,910 30 7,627,102 131 Houston ...... 3,787,923 65 685,013 12 4,472,936 77 Arkansas ...... 1,882,145 37 1,346,577 26 3,228,722 63 Louisiana ...... 3,708,951 66 893,565 16 4,602,516 82 Oklahoma ...... 2,450,407 44 1,155,160 21 3,605,567 65 San Antonio ...... 3,727,875 69 0 0 3,727,875 69

Total ...... 21,418,493 382 5,846,225 105 27,264,718 487

Great Plains: Iowa ...... 2,356,158 40 1,487,426 25 3,843,584 65 Kansas/Missouri ...... 3,818,889 63 1,590,400 27 5,409,289 90 Nebraska ...... 1,445,634 25 570,579 10 2,016,213 35 St. Louis ...... 4,210,350 60 1,381,817 20 5,592,167 80

Total ...... 11,831,031 188 5,030,222 82 16,861,253 270

Rocky Mountains: Colorado ...... 5,236,189 81 2,274,376 38 7,510,565 119

Total ...... 5,236,189 81 2,274,376 38 7,510,565 119

Pacific/Hawaii: Hawaii (Guam) ...... 2,434,752 20 608,688 5 3,043,440 25 Los Angeles ...... 27,990,373 351 399,029 5 28,389,402 356 Arizona ...... 3,499,778 61 553,762 10 4,053,540 71 Sacramento ...... 4,766,253 60 829,814 10 5,596,067 70 California ...... 15,624,582 196 940,675 12 16,565,257 208

Total ...... 54,315,738 688 3,331,968 42 57,647,706 730

Northwest/Alaska: Alaska ...... 2,434,752 20 608,688 5 3,043,440 25 Oregon ...... 4,152,210 60 1,558,795 23 5,711,005 83 Washington ...... 5,909,649 80 1,195,392 16 7,105,041 96

Total ...... 12,496,611 160 3,362,875 44 15,859,486 204

National Total ...... 333,817,310 4,650 60,004,516 904 393,821,826 5,554 * This amount includes Capital Advance Authority of $2,120,900 to fund Rural Housing Improvements, Bolton, Massachusetts. Since this 28- unit project was not selected in Fiscal Year 1996 by HUD error, this application will be funded from the Fiscal Year 1997 allocation to the Massa- chusetts State HUD Office.

D. Eligibility instrumentality of a public body is single geographical region in this fiscal eligible to participate in the program. year in excess of that necessary to Private nonprofit organizations and No organization shall participate as finance the construction, rehabilitation, nonprofit consumer cooperatives are the only eligible applicants under this Sponsor or Co-sponsor in the filing of or acquisition (acquisition permitted program. Neither a public body nor an application(s) for a capital advance in a only with FDIC/RTC properties) of 200 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28765 units of housing and related facilities for environmental review in accordance Upon completion of technical the elderly. This limit shall apply to with 24 CFR part 50. processing, all acceptable applications organizations that participate as Co- Technical processing will also assure will be rated according to the selection sponsors regardless of whether the Co- that the Sponsor has complied with the criteria in section I.E.3. of this NOFA, sponsors are affiliated or nonaffiliated requirements in the civil rights below. Applications submitted in entities. In addition, the national limit certification in the Application Package. response to the advertised metropolitan for any one applicant is 10 percent of There must not have been an allocations or nonmetropolitan the total units allocated in all HUD adjudication of a civil rights violation in allocations that have a total base score offices. Affiliated entities that submit a civil action brought against the (without the addition of bonus points) separate applications shall be deemed to Sponsor, unless the Sponsor is of 60 points or more will be eligible for be a single entity for the purposes of operating in compliance with a court selection, and HUD will place them in these limits. No single application may order, or implementing a HUD-approved rank order per metropolitan or propose more than the number of units compliance agreement designed to nonmetropolitan allocation. After allocated to a HUD office or 125 units, correct the areas of noncompliance. adding any bonus points, HUD will whichever is less. Reservations for There must be no pending civil rights select these applications based on rank projects will not be approved for less suits against the Sponsor instituted by order, up to and including the last than 5 units. the Department of Justice, and no application that can be funded out of pending administrative actions for civil each of the local HUD office’s E. Initial Screening, Technical metropolitan or nonmetropolitan Processing, and Selection Criteria rights violations instituted by HUD (including a charge of discrimination allocations. HUD offices shall not skip 1. Initial Screening under the Fair Housing Act). There must over any applications in order to select one based on the funds remaining. HUD will review applications for be no outstanding findings of noncompliance with civil rights However, after making the initial Section 202 capital advances that are selections in each allocation area, any received by HUD at the appropriate statutes, Executive Orders, or regulations, as a result of formal residual funds may be used to fund the address by 4 p.m. local time on July 28, next rank-ordered application by 1997, to determine if all parts of the administrative proceedings, nor any charges issued by the Secretary against reducing the number of units by no application are included. HUD will not more than 10 percent rounded to the review the content of the application as the Sponsor under the Fair Housing Act, unless the Sponsor is operating under a nearest whole number, provided the part of initial screening. HUD will send reduction will not render the project deficiency letters by certified mail, conciliation or compliance agreement designed to correct the areas of infeasible. For this purpose, however, informing Sponsors of any missing parts HUD will not reduce the number of of the application. Sponsors must noncompliance. Moreover, there must not be a deferral of the processing of units in projects of nine units or less. correct such deficiencies within 8 Once this process has been applications from the Sponsor imposed calendar days from the date of the completed, HUD offices may combine by HUD under title VI of the Civil Rights deficiency letter. Any document their unused metropolitan and Act of 1964, HUD’s implementing requested as a result of the initial nonmetropolitan funds in order to select regulations (24 CFR 1.8), procedures screening may be executed or prepared the next ranked application in either (HUD Handbook 8040.1), and the within the deficiency period, except for category, using the unit reduction policy Attorney General’s Guidelines (28 CFR Forms HUD–92015–CAs, Articles of described above, if necessary. Incorporation, IRS exemption rulings, 50.3); or under section 504 of the Funds remaining after these processes Forms SF–424, Board Resolution Rehabilitation Act of 1973 and HUD’s are completed will be returned to committing the minimum capital implementing regulations (24 CFR 8.57), Headquarters. These funds will be used investment, and site control documents and the Americans with Disabilities Act. first to restore units to projects reduced (all of these excepted items must be Examples of reasons for technical by HUD offices as a result of the dated no later than the application processing rejection include an instructions above and, second, for deadline date). ineligible Sponsor or population to be selecting applications on a national rank served, project will have adverse impact 2. Technical Processing order. No more than one application on existing HUD-insured or assisted will be selected per HUD office from the All applications will be placed in housing, lack of legal capacity, lack of national residual amount, however, technical processing upon receipt of the site control, outstanding or pending unless there are insufficient approvable response to the deficiency letter or at civil rights findings/violations, applications in other HUD offices. If the end of the 8-day period. These insufficient need, and unacceptable site funds still remain, additional applications will undergo a complete based upon a site visit. The Secretary applications will be selected based on a analysis based upon the information will not reject an application based on national rank order, insuring an submitted in the application, including technical processing without giving equitable distribution among HUD that submitted in response to the notice of that rejection with all rejection offices. deficiency letter. If a reviewer finds that reasons, and affording the applicant an clarification of information submitted in opportunity to appeal. HUD will afford 3. Selection Criteria (Base Points) the application is needed to complete an applicant 10 calendar days from the HUD will rate applications for Section the review, or an exhibit is missing that date of HUD’s written notice to appeal 202 capital advances that successfully was not requested after initial screening, a technical rejection to the HUD office. complete technical processing using the the reviewer shall immediately advise The HUD office must respond within 5 selection criteria set forth below, and the Multifamily Housing Representative, working days to the Sponsor. The HUD the guidelines set forth in Appendix A who will: (a) request, by telephone, that office shall make a determination on an to this NOFA: the Sponsor submit the information appeal prior to making its selection (a) The Sponsor’s ability to develop within 5 working days; and (b) follow recommendations. All applications will and operate the proposed housing on a up by certified letter. As part of this be either rated or technically rejected at long-term basis, considering the analysis, HUD will conduct its the end of technical processing. following (52 points maximum): 28766 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

(1) The scope, extent, and quality of with site and neighborhood standards date and time is extended by a notice the Sponsor’s experience in providing (10 points); and published in the Federal Register. HUD housing or related services to those (3) Suitability of the site from the will not accept applications received proposed to be served by the project, standpoints of promoting a greater after the deadline date and time, even if and the scope of the proposed project choice of housing opportunities for postmarked by the deadline date. (i.e., number of units, services, minority elderly persons/families, and Applications submitted by facsimile are relocation costs, development, and affirmatively furthering fair housing (10 not acceptable. operation) in relationship to the points). Sponsor’s demonstrated development (c) Adequacy of the provision of Immediately upon publication of this and management capacity, as well as its supportive services and of the proposed NOFA, if HUD offices have not already financial management capability (30 facility, considering the following (20 provided names to the Multifamily points); points maximum): Housing Clearinghouse, the offices shall (2) The scope, extent, and quality of (1) The extent to which the proposed notify elderly and minority media, all the Sponsor’s experience in providing design will meet the special physical persons and organizations on their housing or related services to minority needs of elderly persons (3 points); mailing lists, minority and other persons or families (10 points). For (2) The extent to which the proposed organizations within their jurisdiction purposes of this NOFA, ‘‘minority’’ size and unit mix of the housing will involved in housing and community means the basic racial and ethnic enable the Sponsor to manage and development, and groups with special categories for Federal statistics and operate the housing efficiently and interest in housing for elderly administrative reporting, as defined in ensure that the provision of supportive households. OMB’s Statistical and Policy Directive services will be accomplished in an No. 15. (See 60 FR 44673, 44692; August economical fashion (4 points); Organizations interested in applying 28, 1995.); (3) The extent to which the proposed for a Section 202 capital advance should (3) The extent of local government design of the housing will accommodate contact the Multifamily Housing support for the project (5 points); the provision of supportive services that Clearinghouse at 1–800–685–8470 (the (4) The extent of the Sponsor’s are expected to be needed, initially and TTY number is 1–800–483–2209) for a activities in the community, including over the useful life of the housing, by copy of the application package, and previous experience in serving the area the category or categories of elderly advise the HUD office whether they where the project is to be located, and persons the housing is intended to serve wish to attend the workshop described the Sponsor’s demonstrated ability to (3 points); below. HUD encourages minority enlist volunteers and raise local funds (7 (4) The extent to which the proposed organizations to participate in this points). supportive services meet the identified program as Sponsors. HUD offices will (b) The need for supportive housing needs of the residents (5 points); and advise all organizations on their mailing for the elderly in the area to be served (5) The extent to which the Sponsor list of the date, time, and place of and the suitability of the site, demonstrated that the identified workshops at which HUD will explain considering the following (28 points supportive services will be provided on the Section 202 program. maximum): a consistent, long-term basis (5 points). (1) The extent of the need for the The maximum number of points an HUD strongly recommends that project in the area based on a application can earn without bonus prospective applicants attend the local determination by the HUD office. HUD points is 100. An application can earn HUD office workshop. Interested will make this determination by an additional 10 bonus points, as persons with disabilities should contact considering the Sponsor’s evidence of described immediately below, for a the HUD office to assure that any need in the area, as well as other maximum total of 110 points. necessary arrangements can be made to economic, demographic, and housing enable their attendance and market data available to the HUD office. 4. Bonus Points participation in the workshop. At the The data could include the availability (a) The Sponsor’s involvement of workshops, HUD will explain of existing Federally assisted housing elderly persons, particularly minority application procedures and (HUD and RHS) (e.g., considering elderly persons, in the development of requirements. HUD will also address availability and vacancy rates of public the application, and its intent to involve concerns such as local market housing) for the elderly and current elderly persons, particularly minority conditions, building codes, historic occupancy in such facilities; Federally elderly persons, in the development of preservation, floodplain management, assisted housing for the elderly under the project (5 bonus points); displacement and relocation, zoning, construction or for which fund (b) The project will be located within and housing costs. reservations have been issued; and in the boundaries of a Federally designated accordance with an agreement between Empowerment Zone, Urban While strongly urged to do so, if HUD and the RHS, comments from the Supplemental Empowerment Zone, Sponsors cannot attend a workshop, RHS on the demand for additional Enterprise Community, or an Urban they can obtain Application Packages assisted housing and the possible harm Enhanced Enterprise Community (5 from the Multifamily Housing to existing projects in the same housing bonus points). Clearinghouse (see address and market area (8 points); telephone number in the ‘‘Application II. Application Process (2) The proximity or accessibility of Package’’ section of this NOFA, above). the site to shopping, medical facilities, All applications for Section 202 However, Sponsors who cannot attend transportation, places of worship, capital advances submitted by eligible the workshops are strongly encouraged recreational facilities, places of Sponsors must be filed with the to contact the appropriate HUD office employment, and other necessary appropriate HUD office receiving an with any questions regarding the services to the intended occupants; allocation and must meet the submission of applications to that adequacy of utilities and streets; requirements of this NOFA. HUD will particular office and to request any freedom of the site from adverse not accept any application after 4 p.m. materials handed out at the workshop. environmental conditions; compliance local time on July 28, 1997, unless that Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28767

III. Application Submission payment of Federal income taxes, and (d) A certified Board Resolution, Requirements does not pay patronage dividends may acknowledging the responsibilities of be exempt from the requirement set out sponsorship, long-term support of the A. Application in the previous sentence if it is not project(s), willingness of Sponsor to Each application must include all of eligible for tax exemption. assist the Owner to develop, own, the information, materials, forms, and Note: Sponsors who have received a manage, and provide appropriate exhibits listed in section III.B., below section 202 fund reservation within the last services in connection with the (with the exception of applications three funding cycles are not required to proposed project, and that it reflects the submitted by Sponsors selected for a submit the documents described in (a), (b), will of its membership. Also, evidence, Section 202 fund reservation within the and (c), above. Instead, Sponsors Must in the form of a certified Board last three funding cycles), and must be Submit the project number of the latest Resolution, of the Sponsor’s willingness indexed and tabbed. Such previously application and the HUD office to which it to fund the estimated start-up expenses, was submitted. If there have been any selected Section 202 Sponsors are not the Minimum Capital Investment (one- required to submit the information modifications or additions to the subject documents, indicate such, and submit the half of 1 percent of the HUD-approved described in sections B.2. (a), (b), and (c) new material. capital advance, not to exceed $10,000, of this NOFA, below (Exhibits 2. a., b., if nonaffiliated with a National Sponsor; (d) Resolution of the board, duly and c. of the application), which are the one-half of 1 percent of the HUD- certified by an officer, that no officer or articles of incorporation, (or other approved capital advance, not to exceed director of the Sponsor or Owner has or organizational documents), by-laws, and $25,000, for all other Sponsors), and the will have any financial interest in any the IRS tax exemption, respectively. If estimated cost of any amenities or contract with the Owner or in any firm there has been a change in any of the features (and operating costs related or corporation that has or will have a eligibility documents since its previous thereto) that would not be covered by contract with the Owner, including a HUD approval, the Sponsor must submit the approved capital advance; current listing of all duly qualified and the updated information in its (e) Description, if applicable, of the sitting officers and directors by title, and application. The local HUD office will Sponsor’s efforts to involve elderly the beginning and ending dates of each base its determination of the eligibility persons, including minority elderly of a new Sponsor for a reservation of person’s term. 3. Sponsor’s purpose, community ties, persons, in the development of the Section 202 capital advance funds on application, as well as its intent to the information provided in the and experience, including the following: (a) A description of Sponsor’s involve elderly persons in the application. HUD offices will verify a development of the project. Sponsor’s indication of previous HUD purposes and activities, ties to the community (including the minority 4. Project information, including the approval by checking the project following: number and approval status with the community), local government support (including financial support and (a) Evidence of need for supportive appropriate HUD office. housing. Such evidence would include In addition to this relief of paperwork services), how long the Sponsor has been in existence, and any additional a description of the category or burden in preparing applications, categories of elderly persons the applicants will be able to submit related information; (b) A description of Sponsor’s housing housing is intended to serve and information and exhibits they have evidence demonstrating sustained previously prepared for prior and/or supportive services experience. The description should include any effective demand for supportive housing applications under Section 202, Section for that population in the market area to 811, or other funding programs. rental housing projects and/or supportive services facilities sponsored, be served, taking into consideration the Examples of exhibits that may be readily occupancy and vacancy conditions in adapted or amended to decrease the owned, and operated by the Sponsor; the Sponsor’s past or current existing Federally assisted housing for burden of application preparation the elderly (HUD and RHS; e.g., public include, among others, those on involvement in any programs other than housing that demonstrates the Sponsor’s housing); State or local data on the previous participation in the Section limitations in activities of daily living 202 or Section 811 programs, applicant management capabilities (including financial management) and experience; among the elderly in the area; aging in experience in provision of housing and place in existing assisted rentals; trends services, supportive services plan, the Sponsor’s experience in serving the elderly, including elderly persons with in demographic changes in elderly community ties, and experience serving population and households; the minorities. disabilities, and/or families and minorities; and the reasons for receiving numbers of income eligible elderly B. General Application Requirements any increases in fund reservations for households by size, tenure, and housing 1. Form HUD–92015–CA, Application developing and/or operating previously condition; the types of supportive for Section 202 Supportive Housing funded projects; services arrangements currently Capital Advance. (c) A description of Sponsor’s available in the area; and the use of such 2. Evidence of each Sponsor’s legal participation in joint ventures and services as evidenced by data from local status as a private nonprofit experience in contracting with minority- social service agencies or agencies on organization or nonprofit consumer owned businesses, women-owned aging. cooperative, including the following: businesses, and small businesses over (b) Description of the project, (a) Articles of Incorporation, the last 3 years, including a description including the following: constitution, or other organizational of the joint venture, partners and the (1) Narrative description of the documents; Sponsor’s involvement, and a summary building design, including a description (b) By-laws; of the total contract amounts awarded in of any special design features and (c) IRS tax exemption ruling (this each of the 3 categories for the community space, and how this design must be submitted by all Sponsors, preceding 3 years, and the percentage will facilitate the delivery of services in including churches). A consumer that amount represents of all contracts an economical fashion and cooperative that is tax exempt under awarded by the Sponsor in the relevant accommodate the changing needs of the State law, has never been liable for time period; residents over the next 10–20 years; 28768 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

(2) Description of whether and how proposed project permissible and the Note: This could be an expensive the project will promote energy basis for belief that the proposed action undertaking. The Cost of any clean-up and/ efficiency, and, if applicable, innovative will be completed successfully before or remediation must be borne by the sponsor. construction or rehabilitation methods the submission of the firm commitment (6) A letter from the State Historic or technologies to be used that will application (e.g., a summary of the Preservation Officer indicating whether promote efficient construction. results of any requests for rezoning on the proposed site has any historical (c) Evidence of site control and land in similar zoning classifications significance. permissive zoning, including the and the time required for such rezoning, (d) Provision of supportive services following: or preliminary indications of and proposed facility: (1) Evidence that the Sponsor has acceptability from zoning bodies); (1) A detailed description of the entered into a legally binding option (3) A narrative topographical and supportive services proposed to be agreement (which extends through the demographic description of the provided to the anticipated occupancy; end of the current fiscal year and suitability of the site and area, and how (2) A description of public or private contains a renewal provision so that the the site will promote greater housing sources of assistance that reasonably option can be renewed for at least an opportunities for minority elderly and could be expected to fund the proposed additional 6 months) to buy or lease the elderly persons with disabilities, services; proposed site; or has a copy of the thereby affirmatively furthering fair (3) The manner in which such contract of sale for the site, a deed, long- housing; services will be provided to such term leasehold, a request with all (4) A map showing the location of the persons (i.e., on or off-site), including supporting documentation, submitted site and the racial composition of the whether a service coordinator will either prior to or with the Application neighborhood, with the area of racial facilitate the adequate provision of such for Capital Advance, for a partial release concentration delineated; services, and how the services will meet of a site covered by a mortgage under a (5) A Phase I Environmental Site the identified needs of the residents. HUD program, or other evidence of legal Assessment, in accordance with the Note: Disability related supportive services ownership of the site (including American Society for Testing and cannot be a condition for tenancy. properties to be acquired from the FDIC/ Material (ASTM) Standards E 1527–93, 5. A list of the applications, if any, the RTC). The Sponsor must also identify as amended. Since the Phase I study Sponsor has submitted or is planning to any restrictive covenants, including must be completed and submitted with submit to any other HUD office in reverter clauses. In the case of a site to the application, it is important that the response to this NOFA or the NOFA for be acquired from a public body, Sponsor start the site assessment Section 811 Program of Supportive evidence that the public body possesses process as soon after publication of the Housing for Persons with Disabilities clear title to the site, and has entered NOFA as possible. (published elsewhere in today’s Federal into a legally binding agreement to lease If the Phase I study indicates the Register). Indicate by HUD office, the or convey the site to the Sponsor after possible presence of contamination and/ proposed location by city and State, and it receives and accepts a notice of or hazards, the Sponsor must decide the number of units requested for each Section 202 capital advance and whether to continue with this site or application. Include a list of all FY 1996 identification of any restrictive choose another site. Should the Sponsor and prior year projects to which the covenants, including reverter clauses. choose another site, the same Sponsor(s) is a party that have not been However, in localities where HUD environmental site assessment finally closed. Such projects must be determines the time constraints of the procedure identified above must be identified by project number and HUD funding round will not permit all of the followed for that site. office. required official actions (e.g., approval Note: For properties to be acquired from 6. HUD–2880, Applicant/Recipient of Community Planning Boards) that are the FDIC/RTC, include a copy of the FDIC/ Disclosure/Update Report, including necessary to convey publicly-owned RTC prepared Transaction Screen Checklist Social Security Numbers and Employer sites, a letter in the application from the or Phase I Environmental Site Assessment, Identification Numbers. mayor or director of the appropriate and applicable documentation, per the FDIC/ 7. Executive Order 12372 local agency indicating approval of RTC Environmental Guidelines. certification. A certification that the conveyance of the site contingent upon If the Sponsor chooses to continue Sponsor has submitted a copy of its the necessary approval action is with the original site on which the applications, if required, to the State acceptable and may be approved by the Phase I study indicated contamination agency (single point of contact) for State HUD office if it has satisfactory or hazards, then it must undertake a review in accordance with E.O. 12372. experience with timely conveyance of detailed Phase II Environmental Site 8. A statement that (a) identifies all sites from that public body. In such Assessment by an appropriate persons (families, individuals, cases, documentation must also include professional. If the Phase II Assessment businesses, and nonprofit a copy of the public body’s evidence of reveals site contamination, the extent of organizations), identified by race/ ownership and identification of any the contamination and a plan for clean- minority group, and status as owners or restrictive covenants, including reverter up of the site must be submitted to the tenants, occupying the property on the clauses; local HUD office. The plan for clean-up date of submission of the application for Note: A proposed project site may not be must include a contract for remediation a capital advance; (b) indicates the acquired or optioned from a general of the problem(s) and an approval letter estimated cost of relocation payments contractor (or its affiliate) that will construct from the applicable Federal, State, and/ and other services; (c) identifies the staff the section 202 project or from any other or local agency with jurisdiction over organization that will carry out the development team member. the site. In order for the application to relocation activities; and (d) identifies (2) Evidence that the project as be considered for review under this FY all persons that have moved from the proposed is permissible under 1997 funding competition, this site within the past 12 months. applicable zoning ordinances or information would have to be submitted Note: If any of the relocation costs will be regulations, or a statement of the to the local HUD office no later than funded from sources other than the Section proposed action required to make the August 25, 1997. 202 capital advance, the (sponsor must Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28769 provide evidence of a firm commitment of U.S.C. 12101 et seq.) to the extent $32,321 per family unit with one these funds. When evaluating applications, applicable; the affirmative fair housing bedroom; HUD will consider the total cost of proposals marketing requirements of 24 CFR part $38,979 per family unit with two (i.e., cost of site acquisition, relocation, 200, subpart M and the regulations in 24 bedrooms; construction, and other project costs). CFR part 108; and other applicable For elevator structures: 9. SF–424. A certification on SF–424, Federal, State, and local laws $29,500 per family unit without a Application for Federal Assistance, that prohibiting discrimination and bedroom; the Sponsor(s) is not delinquent on the promoting equal opportunity. $33,816 per family unit with one repayment of any Federal debt. (b) A certification that the Sponsor(s) bedroom; 10. A certification regarding Lobbying will comply with the requirements of $41,120 per family unit with two that complies with 24 CFR part 87 must the Drug-Free Workplace Act. bedrooms. be submitted by the Sponsor. If the (c) A certification that the project will (2) These cost limits reflect those Sponsor has made or has agreed to make comply with HUD’s project design and costs reasonable and necessary to any payment using nonappropriated cost standards; the Uniform Federal develop a project of modest design that funds for lobbying activity, as described Accessibility Standards and HUD’s complies with HUD minimum property in 24 CFR part 87, the submission must implementing regulations at 24 CFR part standards; the accessibility also include SF–LLL, Disclosure of 40; section 504 of the Rehabilitation Act requirements of § 891.120(b); and the Lobbying Activities. of 1973 (29 U.S.C. 794) and HUD’s project design and cost standards of 11. Certification of Consistency with implementing regulations at 24 CFR part the Consolidated Plan (Plan) for the § 891.120. 8; and for covered multifamily B. Increased development cost limits. jurisdiction in which the proposed dwellings designed and constructed for (1) HUD may increase the development project will be located must be first occupancy after March 13, 1991, submitted by the Sponsor. The cost limits set forth in section IV.A.(1) the design and construction of this NOFA, above, by up to 140 certification must be made by the unit requirements of the Fair Housing Act of general local government if it is percent in any geographic area where and HUD’s implementing regulations at the cost levels require, and may increase required to have, or has, a complete 24 CFR part 100; and the Americans Plan. Otherwise the certification may be the development cost limits by up to with Disabilities Act of 1990. 160 percent on a project-by-project made by the State, or by the unit of (d) A certification by the Sponsor(s) basis. general local government if the project that it will comply (or has complied) will be located within the jurisdiction of (2) If HUD finds that high with the acquisition and relocation construction costs in Alaska, Guam, the the unit of general local government requirements of the Uniform Relocation authorized to use an abbreviated Virgin Islands, or Hawaii make it Assistance and Real Property infeasible to construct dwellings, strategy, and if the unit of general local Acquisition Policies Act of 1970, as government is willing to prepare such a without the sacrifice of sound standards amended (URA), implemented by of construction, design, and livability, Plan. regulations in 49 CFR part 24, and 24 All certifications must be made by the within the development cost limits CFR 891.155(e). provided in section IV.A. of this NOFA, public official responsible for (e) A certification by the Sponsor(s) above, the amount of the capital submitting the Plan to HUD. The that it will: (i) form an ‘‘Owner’’ (as advances may be increased to certifications must be submitted as part defined in 24 CFR 891.205) after the compensate for such costs. The increase of the application by the application issuance of the capital advance; (ii) may not exceed the limits established submission deadline set forth in this cause the Owner to file a request for under this section (including any high NOFA. The Consolidated Plan determination of eligibility and a cost area adjustment) by more than 50 regulations are published in 24 CFR part request for capital advance; and (iii) percent. 91. provide sufficient resources to the 12. Sponsor Certifications. (a) A Owner to insure the development and V. Findings and Certifications certification that the Sponsor will long-term operation of the project, A. Paperwork Reduction Act Statement comply with section 504 of the including capitalizing the Owner at firm Rehabilitation Act of 1973 (29 U.S.C. commitment processing in an amount The information collection 794) and the implementing regulations sufficient to meet its obligations in requirements contained in this NOFA in 24 CFR part 8; the Fair Housing Act connection with the project. have been approved by the Office of (42 U.S.C. 3600–3619) and the Management and Budget (OMB) in implementing regulations in 24 CFR IV. Development Cost Limits accordance with the Paperwork parts 100, 108, and 110; title VI of the A. The following development cost Reduction Act of 1995 (44 U.S.C. 3501– Civil Rights Act of 1964 (42 U.S.C. limits, adjusted by locality as described 3520), and assigned OMB control 2000d) and the implementing in section IV.B. of this NOFA, below, number 2502–0267. An agency may not regulations in 24 CFR part 1; section 3 shall be used to determine the capital conduct or sponsor, and a person is not of the Housing and Urban Development advance amount to be reserved for required to respond to, a collection of Act of 1968 (12 U.S.C. 1701u) and the projects for the elderly: information unless the collection implementing regulations in 24 CFR (1) The total development cost of the displays a valid control number. part 135; the Age Discrimination Act of property or project attributable to 1975 (42 U.S.C. 6101–6107) and the dwelling use (less the incremental B. Environmental Impact implementing regulations in 24 CFR development cost and the capitalized This NOFA provides funding under, part 146; Executive Order 11246 (as operating costs associated with any and does not alter the environmental amended) and the implementing excess amenities and design features to provisions of, regulations in 24 CFR part regulations in 41 CFR Chapter 60; the be paid for by the Sponsor) may not 891, which were published in the regulations implementing Executive exceed: Federal Register on March 22, 1996 (61 Order 11063 (Equal Opportunity in Nonelevator structures: FR 11956). Accordingly, under 24 CFR Housing) in 24 CFR part 107; the $28,032 per family unit without a 50.19(c)(5), as published in the Federal Americans with Disabilities Act (42 bedroom; Register on September 27, 1996 (61 FR 28770 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

50914, 50919), this NOFA is Disclosures. HUD will make available legislative officers or employees in categorically excluded from to the public for 5 years all applicant connection with obtaining such environmental review under the disclosure reports (HUD Form 2880) assistance, or with its extension, National Environmental Policy Act of submitted in connection with this continuation, renewal, amendment, or 1969 (42 U.S.C. 4321). The NOFA. Update reports (also Form 2880) modification. The Byrd Amendment environmental review provisions of the will be made available along with the applies to the funds that are the subject Section 202 program regulations are in applicant disclosure reports, but in no of this NOFA. Therefore, applicants 24 CFR 891.155(b). case for a period less than 3 years. All must file a certification stating that they reports—both applicant disclosures and have not made and will not make any C. Federalism Executive Order updates—will be made available in prohibited payments, and if applicants The General Counsel, as the accordance with the Freedom of have made any payments or agreement Designated Official under section 6(a) of Information Act (5 U.S.C. 552) and to make payments of nonappropriated Executive Order 12612, Federalism, has HUD’s implementing regulations at 24 funds for these purposes, they must determined that this NOFA does not CFR part 15. submit a form SF–LLL disclosing such have substantial direct effects on States E. Prohibition Against Advance payments. The certification and the SF– or their political subdivisions, or on the Information on Funding Decisions LLL are included in the Application relationship between the Federal Package. Government and the States, or on the HUD’s regulation implementing The Lobbying Disclosure Act of 1995, distribution of power and section 103 of the Department of P.L. 104–65 (December 19, 1995), which responsibilities among the various Housing and Urban Development repealed Section 112 of the HUD Reform levels of government. This NOFA Reform Act of 1989, codified as 24 CFR Act and resulted in the elimination of merely notifies the public of the part 4, applies to the funding the regulations at 24 CFR Part 86, availability of capital advances and competition announced today. The requires all persons and entities who project rental assistance for supportive requirements of the rule continue to lobby covered Executive or Legislative apply until the announcement of the housing for the elderly. As a result, this Branch officials to register with the selection of successful applicants. HUD NOFA is not subject to review under the Secretary of the Senate and the Clerk of employees involved in the review of Order. the House of Representatives and file applications and in the making of reports concerning their lobbying D. Accountability in the Provision of funding decisions are prohibited by part activities. HUD Assistance 4 from providing advance information to any person (other than an authorized H. Catalog of Federal Domestic Section 102 of the Department of employee of HUD) concerning funding Assistance Program Housing and Urban Development decisions, or from otherwise giving any Reform Act of 1989 (42 U.S.C. 3545) The Catalog of Federal Domestic applicant an unfair competitive (HUD Reform Act) and the regulations Assistance Program title and number is advantage. Persons who apply for codified in 24 CFR part 4, subpart A, 14.157, Housing for the Elderly or assistance in this competition should contain a number of provisions that are Handicapped. confine their inquiries to the subject designed to ensure greater Authority: Section 202, Housing Act of areas permitted under 24 CFR part 4. 1959, as amended (12 U.S.C. 1701q); Section accountability and integrity in the Applicants or employees who have provision of certain types of assistance 7(d), Department of Housing and Urban ethics related questions should contact Development Act (42 U.S.C. 3535(d)). administered by HUD. On January 14, the HUD Ethics Law Division at (202) 1992 (57 FR 1942), HUD published a Dated: May 7, 1997. 708–3815 (this is not a toll-free Nicolas P. Retsinas, notice that also provides information on number). To access this number by TTY, the implementation of section 102. The Assistant Secretary for Housing—Federal dial 1–800–877–8339. HUD employees Housing Commissioner. documentation, public access, and who have specific program questions, disclosure requirements of section 102 such as whether particular subject Appendix A—Guidelines for Rating Section apply to assistance awarded under this matter can be discussed with persons 202 Applications FY 1997 Supportive NOFA as follows: outside HUD, should contact the Housing for the Elderly Documentation and public access appropriate Field Office Counsel, or Directions: In applications proposing a Co- requirements. HUD will ensure that Headquarters counsel for the program to Sponsor, the Sponsor and Co-Sponsor are to documentation and other information which the question pertains. be evaluated and scored separately. The regarding each application submitted higher score shall be awarded to the pursuant to this NOFA are sufficient to F. Prohibition Against Lobbying application. indicate the basis upon which Activities The full range of numerical ratings should be used. assistance was provided or denied. This Applicants for funding under this 1. In determining the Sponsor’s ability to material, including any letters of NOFA are subject to the provisions of develop and operate the proposed housing on support, will be made available for section 319 of the Department of Interior a long-term basis, consider: 52 points public inspection for a 5-year period and Related Agencies Appropriation Act maximum. beginning not less than 30 days after the for Fiscal Year 1991 (31 U.S.C. 1352) (MHR) (a) & AM avg’d)—The scope, extent award of the assistance. Material will be (the Byrd Amendment) and to the and quality of the Sponsor’s experience made available in accordance with the provisions of the Lobbying Disclosure in providing housing OR related services Freedom of Information Act (5 U.S.C. Act of 1995 (Pub. L. 104–65; approved to those proposed to be served by the 552) and HUD’s implementing December 19, 1995). project and the scope of the proposed regulations at 24 CFR part 15. In The Byrd Amendment, which is project (i.e., number of units, services, relocation costs, development, and addition, HUD will include the implemented in regulations at 24 CFR operation) in relationship to the recipients of assistance pursuant to this part 87, prohibits applicants of Federal Sponsor’s demonstrated development NOFA in its Federal Register notice of contracts and grants from using and management capacity and financial all recipients of HUD assistance appropriated funds to attempt to management capability (30 points awarded on a competitive basis. influence Federal executive or maximum). Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28771

25–30 Points—Sponsor must have developed 5 points—The application contains written 4 Points—The number of units proposed is and operated at least one housing project evidence that the local government 11 percent or more of the income eligible comparable in scope to the project being intends to provide financial assistance unmet need. applied for or provided related and community services to the proposed (VAL) (b)—The proximity or accessibility of supportive services for at least five years project and the project is consistent with the site to shopping, medical facilities, for the proposed population and, the Consolidated Plan which shows a transportation, places of worship, demonstrated a consistent performance need for elderly housing. recreational facilities, places of in timely development, effective 3 points—The application contains written employment, and other necessary marketing, and efficient management of evidence that the local government services to the intended occupants, housing and/or service delivery. Also, intends to provide community services adequacy of utilities and streets, freedom the Sponsor must not have received any to the proposed project and the project of the site from adverse environmental unreasonable increases in fund is consistent with the Consolidated Plan conditions, and compliance with site reservations for developing and/or which shows a need for elderly housing. and neighborhood standards (10 points operating previously funded projects. 1 point—The Sponsor has enlisted some maximum). 12–24 Points—Sponsor has at least three support in the community (i.e., letters of 7–10 points—All necessary services and years experience in providing housing support from other agencies) for the facilities, including shopping facilities and/or supportive services for the proposed project and the project is for daily necessities (groceries, toiletries proposed population and has consistent with the Consolidated Plan and medicines), are within safe walking demonstrated consistent performance in which shows a need for elderly housing. distance, or are easily accessible by timely development, effective marketing, MHR (d)—The extent of the Sponsor’s frequently operating public and efficient management of housing previous experience in serving the area transportation or by transportation and/or service delivery. where the project is to be located (i.e., provided by the Sponsor. Utilities and 1–11 Points—Sponsor has less than three extent of its activities, period of streets are available, adequate to serve years experience in providing either involvement, and the size of the the proposed use, and will require little housing or supportive services for the population served), and Sponsor’s or no off-site construction. proposed population, or, has not demonstrated ability to enlist volunteers Permissive zoning is in place. performed consistently in the and raise local funds (7 points No filling is necessary; soil shows no development, marketing, and maximum). evidence of instability; or, minimal management of housing and/or service 4–7 points—The Sponsor has provided grading is necessary to improve site delivery. documentation which demonstrates its drainage. Site is adequate in size, (FHEO) (b)—The scope, extent and quality of previous experience in serving the exposure, configuration, and topography the Sponsor’s experience in providing project locality, and has a good track with no special facilities required. Site is housing or related services to minority record of private fund raising and free from all adverse environmental persons or families (10 points enlisting volunteers in the community. conditions, including hazardous maximum). 1–3 points—The Sponsor has limited conditions, and adequate fire and police 10 points—Sponsor has significant previous experience in serving the area where the protection is readily available. experience in housing/serving minorities project is to be located, or in securing 4–6 points—Some necessary services and (i.e., previous housing assistance/related private funding or enlisting volunteers in facilities, including shopping facilities service to minorities was equal to or a community. for daily necessities, are within safe greater than the percentage of minorities 2. In determining the need for supportive walking distance OR are easily accessible in the jurisdiction where the previous housing for the elderly in the area to be by frequently operating public housing/service experience occurred); served and the suitability of the site, transportation or by transportation and the Sponsor has ties to the minority consider: 28 points maximum. provided by the Sponsor. community. (EMAS) (a)—The extent of the need for the Streets and/or utilities can be made available 8–9 points—Sponsor has significant previous project in the area based on a to the site with moderate extensions. experience in housing/serving determination by the HUD Office. This Rezoning is necessary and Sponsor provided minorities. There is no evidence that the determination will be made by taking a reasonable assurance that it will be Sponsor has ties to the minority into consideration the Sponsor’s accomplished with only minor community. evidence of need in the area, as well as extensions. 5–7 points—Sponsor has minimal experience other economic, demographic and Some filling is necessary; soil shows some in housing/serving minorities (i.e., housing market data available to the evidence of instability; or minor grading previous housing assistance/related HUD Office (8 points maximum). is necessary to improve site drainage. service to minorities was less than the Rating points for all projects, determined to Site is adequate in size, exposure, percentage of minorities in the be marketable, are to be based on the configuration and topography with no jurisdiction where the previous housing/ ratio of the number of units in the special facilities required. Site is free related service experience occurred); and proposed project to the estimate of from all hazardous environmental the Sponsor has ties to the minority unmet need for housing assistance by the conditions, but some minor adverse community. income eligible elderly households with conditions exist (e.g., higher than 3–4 points—Sponsor has minimal experience selected housing conditions, as follows. acceptable noise level). However, in housing/serving minorities but the Unmet housing need is defined as the mitigation is possible without significant Sponsor does not have ties to the number of very low-income renter expenditures of time and expense. minority community. households with housing problems, as of Adequate fire and police protection is 1–2 points—The Sponsor does not have the 1990 Census minus the number of readily available. experience in housing/serving Federally assisted housing units 1–3 points—Few necessary services and minorities, but there is evidence that the provided since the 1990 Census. HUD facilities, including shopping facilities Sponsor has ties to the minority will, to the extent practicable, consider for daily necessities are within safe community. all units provided for the elderly under walking distance. Description of the 0 points—None of the above. the Section 8 programs, the Public and availability of public transportation or (SEC (c) REP)—The extent of local Indian Housing programs, the Section the willingness, capacity and plan of the government support for the project. (5 202 program, and the Rural Housing Sponsor to provide transportation is points maximum). Service’s Section 515 Rural Rental vague. Housing program. Streets and/or utilities can be made available 8 Points—The number of units proposed is to the site only with significant 10 percent or less of the income eligible extensions. unmet need. 28772 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

Rezoning is necessary and the Sponsor 10 points—The site is located in a minority Situation #6—Housing market area where provided a reasonable assurance that it concentrated area with an unmet few or no nonminorities live. (There are no will be accomplished with moderate housing need for elderly and/or minority or few areas of nonminority concentration.) extensions. elderly persons. 10 points—The site is located in a housing Moderate filling is necessary; soil shows 8 points—The site is located in a racially market area with a population of only a evidence of instability including the mixed area bordering the minority few nonminorities. need for geo-technical and/or dynamic concentrated area with an unmet need soil analysis; or moderate regrading is for housing minority elderly persons. 5 points—The site is located in a housing market area with a population of no necessary to improve site drainage. Site 5 points—The site is located in a non- nonminorities. is minimally acceptable in terms of size, minority area but Sponsor has exposure, configuration, drainage, and comparable rental units in the minority 3. In determining the adequacy of the topography with some special facilities concentrated area that will be available provision of supportive services, consider the required. Site is free from all hazardous to minority elderly persons through following: 20 points maximum. environmental conditions, but some vacancies and/or turnover, thus (ARCH) (a)—The extent to which the minor adverse conditions exist (e.g., providing a housing choice to minority proposed design will meet the special higher than acceptable noise level). elderly persons who desire to remain in physical needs of elderly persons (3 However, mitigation is possible but with the minority community. points maximum). significant expenditures of time and 0 points—None of the above. The site, 3 points—The narrative is detailed and expense. Adequate fire and police although acceptable, does not promote a indicates how local codes and Section protection is readily available. greater choice of housing opportunities 202 program requirements will be met (FHEO) (c)Suitability of the site from the for minority elderly persons. and how Fair Housing Amendments and standpoints of promoting a greater # choice of housing opportunities for Situation 3—Housing market area where the Section 504 requirements will be minority persons and affirmatively existing housing for minority elderly persons included in the design development of furthering fair housing. (10 points is located in an area of minority the project’s interior and exterior spaces, maximum) concentration. There is still a housing need circulation, and recreation. FHEO awards points under this criterion by in the minority concentrated area, as well as 1–2 points—The narrative is general and considering the existence and location of in the community as a whole: indicates how local codes, Section 202, existing housing for minority persons Fair Housing Amendments and Section and whether a minority concentrated 10 points—The site is located in a racially 504 requirements will be achieved, and area has an unmet need for such housing mixed area. gives assurances that full compliance in determining whether a site promotes 8 points—The site is located in a non- will be achieved during the design housing choice. minority area. phase. 5 points—The site is located in a minority Situation #1—Housing market area where (ARCH) (b)—The extent to which the area but Sponsor has comparable rental proposed size and unit mix of housing there is no existing assisted housing for units outside of the minority will enable the Sponsor to manage and elderly minority persons (including Section concentrated area that will be available operate the housing efficiently and 202, low rent public housing, and other to minority elderly persons (through ensure that the provision of supportive assisted housing projects). There is a need for vacancies and/or turnover), thus services will be accomplished in an such housing both inside and outside areas providing a housing choice to minority economical manner (4 points maximum). of minority concentration. elderly persons who live outside the 3–4 points—The narrative provides a 10 points—The site is located in a racially minority community. detailed description about the proposed mixed area with a need for such housing. 0 points—None of the above. The site, project, including a description of the 8 points—The site is located in a although acceptable, does not promote a building type, unit configuration, special nonminority area with a need for such greater choice of housing opportunities design features, community spaces, housing. for minority elderly persons. amenities and proposed utilities, and # 5 points—The site is located in a minority Situation 4—Housing market area where how the proposed project will aid in the concentrated area with a need for such few or no minorities live. (There are no or delivery of services in an economical housing. The Sponsor has comparable few areas of minority concentration.) manner. The narrative indicates that the proposed size, unit mix and delivery of rental units outside of the minority 10 points—The site is located in a housing concentrated area that will be available services is well thought out and will market area with a population of only a foster easy management and economic to elderly minority persons through few minorities. vacancies and/or turnover, thus operation. There are no prohibited 5 points—The site is located in a housing providing a housing choice to those amenities or spaces not funded by the market area with a population of no elderly minority persons who live Sponsor. minorities. outside the minority community. 1–2 points—The narrative provides a general # 3 points—The site is located in a minority Situation 5—Housing market area where description about the proposed project or concentrated area with a need for existing assisted housing for the minority does not go into the level of detail as housing. Sponsor does not have elderly is inside a minority concentrated area indicated above, but sufficient comparable rental units outside of the and also outside a minority concentrated information is provided to come to the belief that the proposed size, unit mix minority concentrated area. area. Both areas have an unmet need for and delivery of services will foster easy 0 points—None of the above. The site, housing for minorities. although acceptable, does not promote a management and economic operation. greater choice of housing opportunities 10 points—The site is located Outside and There are no prohibited amenities or for minority elderly persons. the majority of assisted housing is spaces not funded by the Sponsor. located inside. (ARCH) (c)—The extent to which the Situation #2—Housing market area where 10 points—The site is located Inside and the proposed design of the housing will there is existing assisted housing for the majority of assisted housing is located accommodate the provision of minority elderly (including Section 202, outside. supportive services that are expected to other low rent public housing, and other 5 points—The site is located Outside and the be needed initially and over the useful assisted housing projects for minority elderly majority of assisted housing is located life of the housing, by the category or persons) and such housing is located in a outside. categories of elderly persons the housing nonminority area. There is an unmet need to 5 points—The site is located Inside and the is intended to serve (3 points maximum). house minority elderly persons in a minority majority of assisted housing is located concentrated area: inside. Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28773

3 points—The proposed population does not 1–2 points—The elderly group to be housed HUD—New York, New Jersey Area have any special needs requiring special and their supportive needs are generally New Jersey State Office, design features, and there will not be any described. Description of services and on-site services requiring special method of delivery are general in nature. Thirteenth Floor, One Newark Center, accommodations; HOWEVER, the Some specifics of the service plan may Newark, NJ 07102–5260, (201) 622–7900, Sponsor has addressed aging in place yet need to be developed. Aging in place TTY Number: (201) 645–3298 and described how supportive services needs are discussed. New York State Office will be made available to the residents in (MHR & AM avg’d)—(e) The extent to which 26 Federal Plaza, New York, NY 10278–0068, the future for the remaining useful life of the sponsor demonstrated that the (212) 264–6500, TTY Number: (212) 264– the project; identified supportive services will be 0927 or provided on a consistent long-term basis (5 points maximum). Buffalo Area Office The narrative indicates that special features Fifth Floor, Lafayette Court, 465 Main Street, to accommodate supportive services will 4–5 points—Well documented explanation Buffalo, NY 14203–1780, (716) 551–5755, be provided. These features are for the long-term provision of supportive TTY Number: (716) 551–5787 described in detail, indicating the items, services, including funding, for residents as they age in place. and their purpose, and may include HUD—Mid-Atlantic Area 1–3 points—Limited explanation for the other related information, such as, District of Columbia Office quantity, size, related codes and long-term provision of supportive standards, locations, and other pertinent services, including funding, for residents 820 First Street, NE, Washington, D.C. data. as they age in place. 20002–4502, (202) 275–9200, TTY The features may provide items such as: (1) 4. Bonus Points. Number: (202) 275–0772 adequate food storage, preparation, and (MHR)(a)—The Sponsor has involved elderly Maryland State Office consumption areas; (2) a convenient on- persons, including minority elderly Fifth Floor, City Crescent Building, 10 South site passenger pick-up and drop-off area; persons, in the development of the Howard Street, Baltimore, MD 21201–2505, and (3) any other required feature to application and will involve elderly (410) 962–2520, TTY Number: (410) 962– accommodate proposed supportive persons, including minority elderly 0106 services. persons, in the development of the These features constitute acceptable project (5 Bonus Points). [See Exhibit Pennsylvania State Office amenities, and do not include any 3e.] The Wanamaker Building, 100 Penn Square prohibited amenities not funded by the The Sponsor met with elderly persons at East, Philadelphia, PA 19107–3390, (215) Sponsor or clinical/health type least twice during the preparation of the 656–0600, TTY Number: (215) 656–3452 equipment. application to solicit comments, drafts of Virginia State Office 1–2 points—Same as above, except that the the application were circulated to elderly description is in general terms, and data persons for review, and/or the Sponsor The 3600 Centre, 3600 West Broad Street, such as quantity, sizes, and specific board includes at least 20 percent elderly P.O. Box 90331, Richmond, VA 23230– locations and applicable codes and members. Also, the Sponsor discussed 0331, (804) 278–4507, TTY Number: (804) standards are not included. The features the input received and whether the input 278–4501 constitute acceptable amenities, and do was accepted. West Virginia State Office not include prohibited amenities not (CPD)(b)—The project will be located within Suite 708, 405 Capitol Street, Charleston, WV funded by the Sponsor or clinical/health the boundaries of a Federally designated 25301–1795, (304) 347–7000, TTY type equipment. Empowerment Zone, Urban Number: (304) 347–5332 (MHR & AM avg’d)—(d) The extent to which Supplemental Empowerment Zone, Pittsburgh Area Office the proposed supportive services meet Enterprise Community, or an Urban the identified needs of the residents. (5 Enhanced Enterprise Community (5 339 Sixth Avenue, Sixth Floor, Pittsburgh, points maximum) bonus points). PA 15222–2515, (412) 644–6428, TTY 5 points—The proposed population does not Number: (412) 644–5747 Appendix B—HUD Offices have any special supportive service HUD—Southeast/Caribbean Area needs; However, the Sponsor has Note: The first line of the mailing address addressed aging in place and described for all offices is Department of Housing and Alabama State Office how supportive services will be made Urban Development. Telephone numbers Suite 300, Beacon Ridge Tower, 600 Beacon available to the residents in the future for listed are not toll-free. Parkway, West, Birmingham, AL 35209– the remaining useful life of the project; 3144, (205) 290–7617, TTY Number: (205) or HUD—New England Area 290–7630 Sponsor has comprehensively described the Connecticut State Office Caribbean Office specific supportive service needs of the First Floor, 330 Main Street, Hartford, CT New San Juan Office Building, 159 Carlos identified elderly group to be housed. 06106–1860, (203) 240–4523, TTY Chardon Avenue, San Juan, PR 00918– Proposed services address the identified Number: (860) 240–4665 1804, (809) 766–6121, TTY Number: (809) needs, provide for tailoring to individual 766–5909 Massachusetts State Office needs, and are consistent with program Georgia State Office requirements. Method of service delivery Room 375, Thomas P. O’Neill, Jr. Federal Richard B. Russell Federal Building, 75 is appropriate and clearly described. Building, 10 Causeway Street, Boston, MA Spring Street, S.W., Atlanta, GA 30303– Sponsor’s service plan discusses 02222–1092, (617) 565–5234, TTY provisions for those aging in place. 3388, (404) 331–5136, TTY Number: (404) Number: (617) 565–5453 3–4 points—The elderly group to be housed 730–2654 and their supportive needs are well New Hampshire State Office Kentucky State Office described. Proposed services address the Norris Cotton Federal Building, 275 Chestnut 601 West Broadway, P.O. Box 1044, principal needs identified, and the Street, Manchester, NH 03101–2487, (603) Louisville, KY 40201–1044, (502) 582– method of delivery is appropriate. The 666–7681, TTY Number: (603) 666–7518 5251, TTY Number: 1–800–648–6056 service plan is consistent with program requirements. Aging in place needs are Rhode Island State Office Mississippi State Office addressed. Sixth Floor 10 Weybosset Street, Providence, Suite 910, Doctor A.H. McCoy Federal RI 02903–3234, (401) 528–5351, TTY Building, 100 West Capitol Street, Jackson, Number: (401) 528–5403 MS 39269–1096, (601) 965–5308, TTY Number: (601) 965–4171 28774 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

North Carolina State Office Cincinnati Area Office Saint Louis Area Field Office Koger Building, 2306 West Meadowview 525 Vine Street, Seventh Floor, Cincinnati, Third Floor, Robert A. Young Federal Road, Greensboro, NC 27407–3707, (919) OH 45202–3188, (513) 684–2884, TTY Building, 1222 Spruce Street, St. Louis, 547–4001, TTY Number: (919) 547–4055 Number: (513) 684–6180 MO 63103–2836, (314) 539–6583, TTY South Carolina State Office Cleveland Area Office Number: (314) 539–6331 Strom Thurmond Federal Building, 1835–45 Fifth Floor, Renaissance Building, 1350 HUD—Rocky Mountains Area Euclid Avenue, Cleveland, OH 44115– Assembly Street, Columbia, SC 29201– 1815, (216) 522–4065, TTY Number: (216) Colorado State Office 2480, (803) 765–5592, TTY Number: (803) 522–2261 633 17th Street, Denver, CO 80202–3607, 253–3071 Grand Rapids Area Office (303) 672–5440, TTY Number: (303) 672– Tennessee State Office 5248 Trade Center Building, Third Floor, 50 Louis Suite 200, 251 Cumberland Bend Drive, Street, NW, Grand Rapids, MI 49503–2648, HUD—Pacific/Hawaii Area Nashville, TN 37228–1803, (615) 736– (616) 456–2100, TTY Number: (616) 456– Arizona State Office 5213, TTY Number: (615) 736–2886 2159 Suite 1600, Two Arizona Center, 400 North Jacksonville Area Office HUD—Southwest Area 5th Street, Phoenix, AZ 85004–2361, (602) Suite 2200, Southern Bell Tower, 301 West Arkansas State Office 379–4434, TTY Number: (602) 379–4464 Bay Street, Jacksonville, FL 32202–5121, Suite 900, TCBY Tower, 425 West Capitol California State Office (904) 232–2626, TTY Number: (904) 232– Avenue, Little Rock, AR 72201–3488, (501) 1241 324–5931, TTY Number: (501) 324–5931 Philip Burton Federal Building and U.S. Courthouse, 450 Golden Gate Avenue, P.O. Louisiana State Office Knoxville Area Office Box 36003, San Francisco, CA 94102–3448, Third Floor, John J. Duncan Federal Building, Ninth Floor, Hale Boggs Federal Building, (415) 436–6532, TTY Number: (415) 436– 710 Locust Street, Knoxville, TN 37902– 501 Magazine Street, New Orleans, LA 6594 70130–3099, (504) 589–7200, TTY 2526, (423) 545–4384, TTY Number: (423) Hawaii State Office 545–4559 Number: (504) 589–7279 Oklahoma State Office Suite 500, 7 Waterfront Plaza, 500 Ala Moana HUD—Midwest Area Boulevard, Honolulu, HI 96813–4918, 500 Main Plaza, 500 West Main Street, Suite (808) 522–8175, TTY Number: (808) 522– Illinois State Office 400, Oklahoma City, OK 73102–2233, (405) 8193 Ralph H. Metcalfe Federal Building, 77 West 553–7400, TTY Number: (405) 553–7480 Jackson Boulevard, Chicago, IL 60604– Texas State Office Los Angeles Area Office 3507, (312) 353–5680, TTY Number: (312) 1600 Throckmorton Street, P.O. Box 2905, 1615 West Olympic Boulevard, Los Angeles, 353–5944 Fort Worth, TX 76113–2905, (817) 978– CA 90015–3801, (213) 894–8000, TTY Number: (213) 894–8133 Indiana State Office 9000, TTY Number: (817) 978–9273 Sacramento Area Office 151 North Delaware Street, Indianapolis, IN Houston Area Office 46204–2526, (317) 226–6303, TTY Suite 200, Norfolk Tower, 2211 Norfolk, Suite 200, 777 12th Street, Sacramento, CA Number: (317) 226–7081 Houston, TX 77098–4096, (713) 313–2274, 95814–1997, (916) 498–5220, TTY TTY Number: (713) 834–3274 Number: (916) 498–5959 Michigan State Office San Antonio Area Office Patrick V. McNamara Federal Building, 477 HUD—Northwest/Alaska Area Michigan Avenue, Detroit, MI 48226–2592, Washington Square, 800 Dolorosa Street, San Alaska State Office Antonio, TX 78207–4563, (210) 472–6800, (313) 226–7900, TTY Number: (313) 226– TTY Number: (210) 472–6885 Suite 401, University Plaza Building, 949 6899 East 36th Avenue, Anchorage, AK 99508– Minnesota State Office HUD—Great Plains 4399, (907) 271–4170, TTY Number: (907) Iowa State Office 271–4328 220 Second Street, South, Minneapolis, MN 55401–2195, (612) 370–3000, TTY Room 239, Federal Building, 210 Walnut Oregon State Office Number: (612) 370–3186 Street, Des Moines, IA 50309–2155, (515) 400 Southwest Sixth Avenue, Suite 700, 284–4512, TTY Number: (515) 284–4728 Ohio State Office Portland, OR 97204–1632, (503) 326–2561, Kansas/Missouri State Office TTY Number: (503) 326–3656 200 North High Street, Columbus, OH 43215– Room 200, Gateway Tower II, 400 State Washington State Office 2499, (614) 469–5737, TTY Number: (614) Avenue, Kansas City, KS 66101–2406, 469–6694 (913) 551–5462, TTY Number: (913) 551– Suite 200, Seattle Federal Office Building, Wisconsin State Office 6972 909 First Avenue, Seattle, WA 98104–1000, (206) 220–5101, TTY Number: (206) 220– Nebraska State Office Suite 1380, Henry S. Reuss Federal Plaza, 5185 310 West Wisconsin Avenue, Milwaukee, Executive Tower Centre, 10909 Mill Valley WI 53203–2289, (414) 297–3214, TTY Road, Omaha, NE 68154–3955, (402) 492– [FR Doc. 97–13728 Filed 5–23–97; 8:45 am] Number: (414) 297–3123 3100, TTY Number: (402) 492–3183 BILLING CODE 4210±27±P federal register May 27,1997 Tuesday Disabilities; Notice Supportive HousingforPersonsWith Funding Availability(NOFA)for Development Housing andUrban Department of Part III 28775 28776 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

DEPARTMENT OF HOUSING AND evidence timely receipt, and, upon populations include the NOFA for the URBAN DEVELOPMENT request, will provide the applicant with Section 202 Program of Supportive an acknowledgement of receipt. Housing for the Elderly which is [Docket No. FR±4231±N±01] FOR FURTHER INFORMATION CONTACT: The published elsewhere in today’s Federal Notice of Funding Availability (NOFA) HUD Office for your jurisdiction, as Register and the NOFA for Service for Supportive Housing for Persons listed in Appendix B to this NOFA. Coordinator Funds which HUD expects to publish within the next few weeks. With Disabilities SUPPLEMENTARY INFORMATION: To foster comprehensive, coordinated AGENCY: Office of the Assistant Paperwork Reduction Act Statement approaches by communities, the Secretary for Housing—Federal Housing The information collection Department intends for the remainder of Commissioner, HUD. requirements contained in this NOFA FY 1997 to continue to alert applicants ACTION: Notice of funding availability have been approved by the Office of to upcoming and recent NOFAs as each for Fiscal Year (FY) 1997. Management and Budget (OMB), under NOFA is published. In addition, a complete schedule of NOFAs to be SUMMARY: This NOFA announces HUD’s the Paperwork Reduction Act of 1995 published during the fiscal year and funding for supportive housing for (44 U.S.C. 3501–3520), and assigned those already published appears under persons with disabilities. This OMB Control Number 2502–0267. An the HUD Homepage on the Internet, document describes the following: (a) agency may not conduct or sponsor, and which can be accessed at http:// The purpose of the NOFA and a person is not required to respond to, www.hud.gov/nofas.html. Additional information regarding eligibility, a collection of information unless the steps on NOFA coordination may be submission requirements, available collection displays a valid control considered for FY 1998. amounts, and selection criteria; and (b) number. application processing, including how Promoting Comprehensive Approaches For help in obtaining a copy of your to apply and how selections will be to Housing and Community community’s Consolidated Plan, please made. Development contact the community development office of your municipal government. APPLICATION PACKAGE: The Application HUD is interested in promoting Package can be obtained from the comprehensive, coordinated approaches I. Purpose and Substantive Description Multifamily Housing Clearinghouse, to housing and community A. Authority P.O. Box 6424, Rockville, MD 20850, development. Economic development, telephone 1–800–685–8470 (the TTY community development, public Section 811 of the Cranston-Gonzalez number is 1–800–483–2209), from the housing revitalization, homeownership, National Affordable Housing Act (the appropriate HUD Office identified in assisted housing for special needs NAHA) (Pub. L. 101–625, approved Appendix B to this NOFA and also populations, supportive services, and November 28, 1990), as amended by the appears under the HUD Homepage on welfare-to-work initiatives can work Housing and Community Development the Internet which can be accessed better if linked at the local level. Act of 1992) (HCD Act of 1992) (Pub. L. under ‘‘Development’’ at http:// Toward this end, the Department in 102–550, approved October 28, 1992), www.hud.gov/fha/fhamf.html. The recent years has developed the and by the Rescissions Act (Pub. L. 104– Application Package includes a Consolidated Planning process designed 19, approved July 27, 1995) authorized checklist of exhibits and steps involved to help communities undertake such a new supportive housing program for in the application process. approaches. persons with disabilities, and replaced DATES: The deadline for receipt of In this spirit, it may be helpful for assistance for persons with disabilities applications in response to this NOFA applicants under this NOFA to be aware previously covered by section 202 of the is 4:00 p.m. local time on July 28, 1997. of other related HUD NOFAs that have Housing Act of 1959 (section 202 The application deadline is firm as to recently been published or are expected continues, as amended by section 801 of date and hour. In the interest of fairness to be published in the near future. By the NAHA, and the HCD Act of 1992, to to all applicants, HUD will not consider reviewing these NOFAs with respect to authorize supportive housing for the any application that is received after the their program purposes and the elderly). HUD provides the assistance as deadline. Sponsors should take this into eligibility of applicants and activities, capital advances and contracts for account and submit applications as applicants may be able to relate the project rental assistance in accordance early as possible to avoid the risk of activities proposed for funding under with 24 CFR part 891. Capital advances unanticipated delays or delivery-related this NOFA to the recent and upcoming may be used to finance the construction, problems. In particular, Sponsors NOFAs and to the community’s rehabilitation, or acquisition with or intending to mail applications must Consolidated Plan. without rehabilitation, including provide sufficient time to permit On April 8, 1997, HUD published in acquisition from the Federal Deposit delivery on or before the deadline date. the Federal Register the NOFA for Insurance Corporation (formerly held by Acceptance by a Post Office or private Continuum of Care Assistance. On April the Resolution Trust Corporation) mailer does not constitute delivery. 10, 1997, HUD published the NOFA for (FDIC/RTC), of structures to be Facsimile (FAX), COD, and postage due Rental Assistance for Persons with developed into a variety of housing applications will not be accepted. Disabilities in Support of Designated options ranging from group homes and ADDRESSES: Applications must be Housing Allocation Plans, and the independent living facilities, to delivered to the Director of the NOFA for Mainstream Housing dwelling units in multifamily housing Multifamily Housing Division in the Opportunities for Persons with developments, condominium housing, HUD Office for your jurisdiction. A Disabilities. On April 18, 1997, HUD and cooperative housing. This listing of HUD Offices, their addresses, published the NOFA for the Family assistance may also cover the cost of and telephone numbers, including TTY Unification Program. On May 7, 1997, real property acquisition, site numbers, is attached as Appendix B to HUD published the NOFA for Housing improvement, conversion, demolition, this NOFA. HUD will date and time Opportunities for Persons with AIDS. relocation, and other expenses that the stamp incoming applications to Other NOFAs related to special Secretary determines are necessary to Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28777 expand the supply of supportive the RHS comments in its review and FISCAL YEAR 1997 ALLOCATIONS FOR housing for persons with disabilities. project selection process. SUPPORTIVE HOUSING FOR PER- Note that on March 22, 1996, HUD B. Allocation Amounts SONS WITH DISABILITIES published a final rule (61 FR 11948) that [Fiscal Year 1997 Section 811 Allocations] consolidated the regulations for the In accordance with 24 CFR part 791, Section 202 Program of Supportive the Assistant Secretary for Housing has Capital Housing for the Elderly and the Section allocated the funds available for capital Office Advance Units 811 Program of Supportive Housing for advances for supportive housing for Authority Persons with Disabilities in 24 CFR part persons with disabilities based on fair 891. share factors developed by the Assistant New England: Secretary for Policy Development and Massachusetts ..... 1,760,484 23 For supportive housing for persons Connecticut ...... 1,304,199 17 with disabilities, the Departments of Research. HUD reserves project rental New Hampshire ... 623,105 10 Veterans Affairs and Housing and Urban assistance funds based upon 75 percent Rhode Island ...... 775,704 10 Development, and Independent of the current operating cost standards Agencies Appropriations Act, 1997 to support the units selected for capital Total ...... 4,463,492 60 (Pub. L. 104–204, approved September advances sufficient for minimum 5-year New York/New Jersey: 26, 1996, (the Act) provides project rental assistance contracts. New York ...... 3,760,413 48 The allocation formula for Section Buffalo ...... 1,472,240 20 $194,000,000 for capital advances, Newark ...... 2,230,026 29 including amendments to capital 811 funds consists of two data elements advance contracts, for supportive from the 1990 Decennial Census: (1) The Total ...... 7,462,679 97 housing for persons with disabilities, as number of non-institutionalized persons Mid-Atlantic: authorized by section 811 of the NAHA, age 16 or older with a work disability Maryland ...... 1,175,695 18 and for project rental assistance, and and a mobility or self-care limitation West Virginia ...... 961,713 16 amendments to contracts for project and (2) the number of non- Pennsylvania ...... 2,267,878 31 rental assistance, for supportive housing institutionalized persons age 16 or older Pittsburgh ...... 1,285,018 20 having a mobility or self-care limitation Virginia ...... 1,089,612 20 for persons with disabilities, as D.C...... 1,230,690 18 authorized by section 811 of the NAHA. but having no work disability. Up to twenty-five percent of this A work disability is defined as a Total ...... 8,010,606 123 amount is being set aside for tenant- health condition that had lasted for 6 or Southeast/Caribbean: based rental assistance administered more months which limited the kind Georgia ...... 1,469,222 26 through public housing agencies (PHAs) (restricted the choice of jobs) or amount Alabama ...... 1,226,365 22 for persons with disabilities and was (not able to work full time) of work a Caribbean ...... 1,553,987 20 person could do at a job or business. A South Carolina ..... 1,173,059 20 announced through a separate notice in North Carolina ...... 1,903,273 27 the Federal Register on April 10, 1997 mobility limitation is defined as a Mississippi ...... 966,271 19 at 62 FR 17666. health condition that had lasted for 6 or Jacksonville ...... 2,679,429 45 In accordance with the waiver more months which made it difficult for Kentucky ...... 1,202,854 20 authority provided in the Act, the the person to go outside the home alone; Knoxville ...... 837,851 16 Secretary is waiving the following including outside activities such as Tennessee ...... 919,871 17 statutory and regulatory provision: The shopping or visiting a doctor’s office. A self-care limitation is defined as a health Total ...... 13,932,182 232 term of the project rental assistance Midwest: contract is reduced from 20 years to a care limitation that had lasted for 6 or Illinois ...... 2,791,293 36 minimum term of 5 years and a more months which made it difficult for Cincinnati ...... 948,806 16 maximum term which can be supported the person to take care of his/her own Cleveland ...... 1,551,613 23 by funds authorized by the Act. The personal needs such as dressing, Ohio ...... 947,399 16 Department anticipates that at the end bathing, or getting around inside the Michigan ...... 1,795,591 26 of the contract terms, renewals will be home. Temporary (short term) problems Grand Rapids ...... 581,778 10 approved subject to the availability of such as broken bones that are expected Indiana ...... 1,355,506 22 funds. In addition to this provision, the to heal normally are not considered Wisconsin ...... 1,251,414 18 Minnesota ...... 1,206,022 17 Department will reserve project rental problems. assistance contract funds based on 75 The fair share factors were developed Total ...... 12,429,422 184 percent rather than on 100 percent of by taking the sum of the number of Southwest: the current operating cost standards for persons in each of the two elements for Texas/New Mexico 1,594,725 29 approved units in order to take into each state, or state portion, of each local Houston ...... 1,157,042 21 account the average tenant contribution HUD Office jurisdiction as a percent of Arkansas ...... 849,164 17 toward rent. the sum of the two elements for the total Louisiana ...... 1,169,249 22 Oklahoma ...... 920,315 17 In accordance with an agreement United States. The resulting percentage San Antonio ...... 1,028,659 20 between HUD and the Rural Housing for each local HUD Office is then Service (RHS) to coordinate the adjusted to reflect the relative cost of Total ...... 6,719,154 126 administration of the agencies’ providing housing among the local HUD Great Plains: respective rental assistance programs, Office jurisdictions. The adjusted needs Iowa ...... 568,850 10 HUD is required to notify RHS of percentage for each local HUD Office is Kansas/Missouri ... 1,092,921 19 applications for housing assistance it then multiplied by the total amount of Nebraska ...... 552,689 10 receives. This notification gives RHS the capital advance funds available St. Louis ...... 1,165,599 18 opportunity to comment if it has nationwide. Total ...... 3,380,059 57 concern about the demand for The Section 811 capital advance Rocky Mountain: additional assisted housing and possible funds have been allocated, based on the Colorado ...... 1,277,277 21 harm to existing projects in the same formula above, to 51 local HUD Offices housing market area. HUD will consider as shown on the following chart: Total ...... 1,277,277 21 28778 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

FISCAL YEAR 1997 ALLOCATIONS FOR the end of the 8-day period. All Examples of reasons for technical SUPPORTIVE HOUSING FOR PER- applications will undergo a complete processing rejection include an SONS WITH DISABILITIESÐContin- analysis based upon the information ineligible Sponsor, ineligible population ued submitted in the application, including to be served, lack of legal capacity, that submitted in response to the outstanding or pending civil rights [Fiscal Year 1997 Section 811 Allocations] deficiency letter. If a reviewer finds that findings/violations, insufficient need for the project, insufficient evidence that Capital clarification of information submitted in Office Advance Units the application is needed to complete the Sponsor will obtain control of the Authority the review or an exhibit is missing that identified site within six months of fund was not requested after initial screening, reservation award if the Sponsor did not Pacific/Hawaii: the reviewer shall immediately advise submit site control evidence with its Hawaii (Guam) ..... 1,163,556 10 the Multifamily Housing Representative, application, the project will adversely Los Angeles ...... 3,897,954 51 affect other HUD insured and/or Arizona ...... 950,760 17 who will: (a) Request, by telephone, that Sacramento ...... 759,544 10 the Sponsor submit the information assisted housing or an unsatisfactory California ...... 2,348,425 31 within five (5) working days; and (b) Supportive Services Certification by the follow up by certified letter. As part of appropriate State or local agency. Total ...... 9,120,239 119 this analysis, HUD will conduct its The Secretary will not reject an Northwest/Alaska: environmental review in accordance application based on technical Alaska ...... 1,163,556 10 with 24 CFR part 50 only on those processing without giving notice of that Oregon ...... 1,112,336 17 rejection with all rejection reasons and Washington ...... 1,255,089 18 applications containing satisfactory evidence of site control. (Applications affording the applicant an opportunity Total ...... 13,530,981 45 selected with sites identified will to appeal. HUD will afford an applicant receive environmental reviews after 10 calendar days from the date of HUD’s National Total 70,326,091 1,064 submission to HUD of satisfactory written notice to appeal a technical evidence of site control and prior to rejection to the HUD Office. The HUD C. Eligibility approval of the sites.) Office must respond within five (5) working days to the Sponsor. The HUD Technical processing will also assure Nonprofit organizations that have a Office shall make a determination on an Section 501(c)(3) tax exemption from that the Sponsor has complied with the appeal prior to making its selection the Internal Revenue Service are the requirements in the civil rights recommendations. All applications will only eligible applicants under this certification in the Application Package. be either rated or technically rejected at program. A single Sponsor shall not There must not have been an the end of technical processing. request more units in a given HUD adjudication of a civil rights violation in Upon completion of technical Office than permitted for that HUD a civil action brought against the processing, all acceptable applications Office in this NOFA. Sponsor, unless the Sponsor is will be rated according to the selection operating in compliance with a court criteria in section I.D.3. below. D. Initial Screening, Technical order, or implementing a HUD-approved Processing, and Selection Criteria Applications that have a total base score compliance agreement designed to of 60 points or more (without the 1. Initial Screening correct the areas of noncompliance. addition of bonus points) will be HUD will review applications for There must be no pending civil rights eligible for selection and will be placed section 811 capital advances that HUD suits against the Sponsor instituted by in rank order. These applications, after receives at the appropriate address by the Department of Justice, and no adding any bonus points, will be 4:00 p.m. local time on July 28, 1997 to pending administrative actions for civil selected based on rank order to and determine if all parts of the application rights violations instituted by HUD including the last application that can are included. HUD will not review the (including a charge of discrimination be funded out of each local HUD content of the application as part of under the Fair Housing Act). There must Office’s allocation. HUD Offices shall initial screening. HUD will send be no outstanding findings of not skip over any applications in order deficiency letters by certified mail, noncompliance with civil rights to select one based on the funds informing Sponsors of any missing parts statutes, Executive Orders, or remaining. However, after making the of the application. Sponsors must regulations, as a result of formal initial selections, any residual funds correct such deficiencies within 8 administrative proceedings, nor any may be utilized to fund the next rank- calendar days from the date of the charges issued by the Secretary against ordered application by reducing the deficiency letter. Any document the Sponsor under the Fair Housing Act, units by no more than 10 percent requested as a result of the initial unless the Sponsor is operating under a rounded to the nearest whole number, screening may be executed or prepared conciliation or compliance agreement provided the reduction will not render within the deficiency period, except for designed to correct the areas of the project infeasible. For this purpose, Forms HUD–92016–CAs, Articles of noncompliance. Moreover, there must however, projects of nine units or less Incorporation, IRS exemption rulings, not be a deferral of the processing of may not be reduced. Forms SF–424, Board Resolution applications from the Sponsor imposed Funds remaining after this process is committing the minimum capital by HUD under Title VI of the Civil completed will be returned to investment, and site control documents Rights Act of 1964, HUD’s Headquarters. These funds will be used (all of these excepted items must be implementing regulations (24 CFR 1.8), first to restore units to projects reduced dated no later than the application procedures (HUD Handbook 8040.1), by HUD Offices as a result of the deadline date). and the Attorney General’s Guidelines instructions above and, second, for (28 CFR 50.3); or under section 504 of selecting applications on a national rank 2. Technical Processing the Rehabilitation Act of 1973 and order. No more than one application All applications will be placed in HUD’s implementing regulations (24 will be selected per HUD Office from technical processing upon receipt of the CFR 8.57), and the Americans with the national residual amount unless response to the deficiency letter or at Disabilities Act. there are insufficient approvable Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28779 applications in other HUD Offices. If persons with disabilities under allocation and must meet the funds still remain, additional construction or for which fund requirements of this NOFA. No applications will be selected based on a reservations have been issued, and, in application will be accepted after 4:00 national rank order, insuring an accordance with an agreement between p.m. local time on July 28, 1997 unless equitable distribution among HUD HUD and RHS, comments from RHS on that date and time is extended by a Offices. the demand for additional assisted Notice published in the Federal Register. HUD will not accept 3. Selection Criteria (Base Points) housing and the possible harm to existing projects in the same housing applications received after that date and HUD will rate applications for Section market area (8 points); time, even if postmarked by the 811 capital advances that successfully (2) The proximity or accessibility of deadline date. Applications submitted complete technical processing using the the site to shopping, medical facilities, by facsimile are not acceptable. following selection criteria set forth transportation, places of worship, Immediately upon publication of this below, and the guidelines set forth in recreational facilities, places of NOFA, if HUD Offices have not already Appendix A to this NOFA): employment, and other necessary provided names to the Multifamily (a) The Sponsor’s ability to develop services to the intended tenants; Housing Clearinghouse, the Offices shall and operate the proposed housing on a adequacy of utilities and streets, and notify minority media and media for long-term basis, considering the freedom of the site from adverse persons with disabilities, all persons following (57 points maximum): environmental conditions (site control and organizations on their mailing lists, (1) The scope, extent, and quality of projects only); and compliance with the minority and other organizations within the Sponsor’s experience in providing site and neighborhood standards (15 their jurisdiction involved in housing housing or related services to those points); and community development, the State proposed to be served by the project and (3) Suitability of the site from the Independent Living Council, the local the scope of the proposed project (i.e., standpoints of promoting a greater Center for Independent Living and other number of units, services, relocation choice of housing opportunities for groups with special interest in housing costs, development, and operation) in minority persons with disabilities and for disabled households. relationship to the Sponsor’s affirmatively furthering fair housing (10 Organizations interested in applying demonstrated development and points); and for a Section 811 capital advance should management capacity as well as its (4) The extent to which the proposed contact the Multifamily Housing financial management capability. (32 design will meet any special needs of Clearinghouse at 1–800–685–8470 (the points); persons with disabilities the housing is TTY number is 1–800–483–2209) for a (2) The scope, extent, and quality of expected to serve (10 points). copy of the Application Package, and the Sponsor’s experience in providing advise the appropriate HUD Office if housing or related services to minority 4. Selection Criteria (Bonus Points) they wish to attend the workshop persons or families (10 points). For (a) Applications submitted by described below. HUD encourages purposes of this NOFA ‘‘minority’’ Sponsors whose boards are comprised minority organizations to participate in means the basic racial and ethnic of at least 51 percent persons with this program as Sponsors. HUD Offices categories for Federal statistics and disabilities (including persons who have will advise all organizations on their administrative reporting, as defined in similar disabilities to those of the mailing list of the date, time, and place OMB’s Statistical and Policy Directive prospective residents) (5 bonus points); of workshops at which HUD will No. 15. (See 60 FR 44673, at 44692, (b) The Sponsor’s involvement of explain the Section 811 program. August 28, 1995.); persons with disabilities (including HUD strongly recommends that (3) The extent of local government minority persons with disabilities) in prospective applicants attend the local support for the project (5 points); the development of the application, and HUD Office workshop. Interested (4) The extent of the Sponsor’s its intent to involve persons with persons with disabilities should contact activities in the community, including disabilities (including minority persons the HUD Office to assure that any previous experience in serving the area with disabilities) in the development necessary arrangements can be made to where the project is to be located, and and operation of the project (5 bonus enable their attendance and the Sponsor’s demonstrated ability to points). participation in the workshop. At the raise local funds (10 points); (c) Applications containing acceptable workshops, HUD will distribute (b) The need for supportive housing evidence of control of an approvable site Application Packages and explain for persons with disabilities in the area (10 bonus points); application procedures and to be served, suitability of the site, and (d) The project will be located within requirements. Also, HUD will address the design of the project, considering the boundaries of a Federally-designated concerns such as local market (43 points maximum): Empowerment Zone, Urban conditions, building codes and (1) The extent of the need for the Supplemental Empowerment Zone, accessibility requirements, historic project in the area based on a Enterprise Community, or an Urban preservation, floodplain management, determination by the HUD Office. This Enhanced Enterprise Community (5 displacement and relocation, zoning, determination will be made by bonus points). and housing costs. considering the Sponsor’s evidence of The maximum number of points an If Sponsors cannot attend a workshop, need in the area, as well as other application can earn without bonus Application Packages can also be economic, demographic, and housing points is 100. An application can earn obtained from the Multifamily Housing market data available to the HUD Office. an additional 25 bonus points for a Clearinghouse (see address and The data could include the availability maximum total of 125 points. telephone number in the ‘‘Application of existing Federally assisted housing Package’’ section, above). However, (HUD and RHS) (e.g., considering II. Application Process Sponsors who cannot attend the availability and vacancy rates of public All applications for Section 811 workshops are strongly encouraged to housing) for persons with disabilities capital advances submitted by eligible contact the appropriate HUD Office with and current occupancy in such Sponsors must be filed with the any questions regarding the submission facilities, Federally assisted housing for appropriate HUD Office receiving an of applications to that particular office 28780 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices and to request any materials distributed (c) IRS section 501(c)(3) tax (f) A description of Sponsor’s at the workshop. exemption ruling (this must be participation in joint ventures and submitted by all Sponsors, including experience in contracting with minority- III. Application Submission churches). owned businesses, women-owned Requirements Note: Sponsors who have received a businesses, and small businesses over A. Application Section 811 fund reservation within the last the last three years, including a description of the joint venture, partners Each application shall include all of three funding cycles are not required to submit the documents described in (a), (b), and the Sponsor’s involvement and a the information, materials, forms, and and (c), above. Instead, sponsors must submit summary of the total contract amounts exhibits listed in section III.B., below, of the project number of the latest application awarded in each of the three categories this NOFA (with the exception of submitted and the HUD office to which it for the preceding three years, and the applications submitted by Sponsors was submitted. If there have been any percentage that amount represents of all selected for a Section 811 fund modifications or additions to the subject contracts awarded by the Sponsor in the reservation within the last three funding documents, indicate such, and submit the relevant time period; new material. cycles), and must be indexed and (g) A certified Board Resolution tabbed. Such previously selected (d) A resolution of the board, duly acknowledging responsibilities of Section 811 Sponsors are not required to certified by an officer, that no officer or sponsorship, long-term support of the submit the information described in B.2. director of the Sponsor or Owner has or project(s), willingness of Sponsor to (a), (b), and (c), below, of this NOFA will have any financial interest in any assist the Owner to develop, own, (Exhibits 2. a., b., and c. of the contract with the Owner or in any firm manage and provide appropriate application), which are the articles of or corporation that has or will have a services in connection with the incorporation (or other organizational contract with the Owner and that proposed project, and that it reflects the documents), by-laws, and the IRS tax includes a current listing of all duly will of its membership. Also, evidence, exemption, respectively. If there has qualified and sitting officers and in the form of a certified Board been a change in any of the eligibility directors by title and the beginning and Resolution, of the Sponsor’s willingness documents since its previous HUD ending dates of each person’s term. to fund the estimated start-up expenses, approval, the Sponsor must submit the (e) The number of people on the the Minimum Capital Investment (one- updated information in its application. Sponsor’s board and the number of half of one-percent of the HUD- The HUD Office will base its those people who have disabilities approved capital advance, not to exceed determination of the eligibility of a new (including disabilities similar to those of $10,000), and the estimated cost of any Sponsor for a reservation of Section 811 the prospective residents). amenities or features (and operating capital advance funds on the 3. Sponsor’s purpose, community ties, costs related thereto) that would not be information provided in the application. and experience, including the following: covered by the approved capital HUD Offices will verify a Sponsor’s (a) A description of Sponsor’s advance; indication of previous HUD approval by purpose, current activities and how long (h) A description, if applicable, of the checking the project number and it has been in existence; Sponsor’s efforts to involve persons approval status with the appropriate with disabilities (including minority (b) A description of Sponsor’s ties to HUD Office. persons with disabilities and persons the community at large and to the with disabilities similar to those of the In addition to this relief of paperwork minority and disabled communities in prospective residents) in the burden in preparing applications, particular; applicants will be able to use development of the application and in (c) A description of local government information and exhibits previously the development and operation of the support (including financial support prepared for prior applications under project. and services); Section 811, Section 202, or other 4. Project information including the (d) Letters of support for the Sponsor funding programs. Examples of exhibits following: and for the proposed project from that may be readily adapted or amended (a) Evidence of need for supportive organizations familiar with the housing to decrease the burden of application housing. An identification of the and supportive services needs of the preparation include, among others, proposed population and evidence persons with disabilities that the those on previous participation in the demonstrating sustained effective Sponsor expects to serve in the Section 202 or Section 811 programs; demand for supportive housing for the proposed project; applicant experience in the provision of proposed population in the market area housing and services; supportive (e) A description of Sponsor’s housing to be served, taking into consideration services plan; community ties; and and/or supportive services experience. the occupancy and vacancy conditions experience serving minorities. The description should include any in existing Federally assisted housing rental housing projects (including for persons with disabilities (HUD and B. General Application Requirements integrated housing developments) and/ RHS; e.g., public housing), State or local Note: A Sponsor may apply for a scattered or supportive services facilities needs assessments of persons with site project in one application. sponsored, owned, and operated by the disabilities in the area, the types of Sponsor, the Sponsor’s past or current supportive services arrangements 1. Form HUD–92016–CA, Application involvement in any programs other than currently available in the area, and the for Section 811 Supportive Housing housing that demonstrates the Sponsor’s use of such services as evidenced by Capital Advance. management capabilities (including data from local social service agencies. 2. Evidence of each Sponsor’s legal financial management) and experience, (b) A description of the project, status as a nonprofit organization, and the Sponsor’s experience in serving including the following: including the following: persons with disabilities and minorities; (1) Number and type of structure(s), (a) Articles of Incorporation, and the reasons for receiving any number of bedrooms if group home, constitution, or other organizational increases in fund reservations for number of units with bedroom documents; developing and/or operating any distribution if independent living units (b) By-laws; previously funded projects. (including condos), number of residents Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28781 with disabilities, and any resident staff population cannot be met in a more application is consistent with State or per structure. integrated setting; local plans and policies governing the (2) An identification of all community (iii) A description of the Sponsor’s development and operation of housing spaces, amenities, or features planned experience in providing housing and/or for the same disabled population. for the housing. A description of how supportive services to the proposed (5) A description of residential staff, the spaces, amenities, or features will be occupants; and if needed; used, and the extent to which they are (iv) A description of how the Sponsor (6) Assurances that if the proposed necessary to accommodate the needs of will ensure that the occupants of the residents choose to receive supportive the proposed residents. If these proposed project(s) will be integrated services organized by the Sponsor they community spaces, amenities, or into the neighborhood and surrounding will be provided based on the residents’ features would not comply with the community. individual needs. project design and cost standards of (2) A detailed description of the (7) A statement indicating the § 891.120 and the special project supportive service needs of the persons Sponsor’s commitment that it will not standards of § 891.310, the Sponsor with disabilities that the housing is condition occupancy on the resident’s must demonstrate its ability and expected to serve. acceptance of any supportive services. (d) Supportive Services Certification. willingness to contribute both the (3) The Sponsor shall develop, and A certification from the appropriate incremental development cost and submit with its application, a list of State or local agency identified in the continuing operating cost associated community service providers, including Application Package indicating with the community spaces, amenities, those that are consumer controlled, and whether: (1) the provision of supportive or features; and include letters of intent to provide services to residents of the proposed services is well designed to serve the (3) A description of whether and how needs of persons with disabilities the the project will promote energy project(s) from as many potential service providers as possible. This list shall be housing is expected to serve, (2) efficiency, and, if applicable, innovative whether the supportive services will be construction or rehabilitation methods made available to any residents who wish to be responsible for acquiring provided on a consistent, long-term or technologies to be used that will basis, and (3) whether the proposed promote efficient construction. their own supportive services. However, a provider may not require residents to housing is consistent with State or local (c) A supportive services plan (a copy plans and policies governing the of which must be sent to the appropriate participate in any particular service. (4) A detailed description of a development and operation of housing State or local agency as instructed in comprehensive supportive services plan to serve individuals of the proposed section IV.C., below, of this NOFA) that organized by the Sponsor for those occupancy category. (The name, includes: residents who do not wish to take address, and telephone number of the (1) A detailed description of whether responsibility for acquiring their own appropriate agency will be identified in the housing is expected to serve persons services. Such a plan must include the the Application Package and can also be with physical disabilities, following: obtained from the appropriate HUD developmental disabilities or chronic (i) The name(s) of the agency(s) that Office.) mental illness. Include how and from will be responsible for providing the (e) Evidence of control of an whom/where persons will be referred to supportive services; approvable site, OR identification of a and admitted for occupancy in the (ii) The evidence of each service site for which the Sponsor provides project. The Sponsor may, with the provider’s (applicable even if the service reasonable assurances that it will obtain approval of the Secretary, limit provider will be the Sponsor) capability control within 6 months from the date occupancy within housing developed and experience in providing such of fund reservation (if Sponsor is under this NOFA to persons with supportive services; approved for funding). disabilities who have similar disabilities (iii) A description of how, when, how (1) If the Sponsor has control of the and require a similar set of supportive often, and where (on/off-site) the site, it must submit the following services in a supportive housing services will be provided; information: environment. However, the Owner must (iv) Identification of the extent of (i) Evidence that the Sponsor has permit occupancy by any qualified State and local funds to assist in the entered into a legally binding option person with a disability who could provision of supportive services; agreement (which extends through the benefit from the housing and/or services (v) Letters of intent from service end of the current fiscal year and provided, regardless of the person’s providers (including those that are contains a renewal provision so that the disability. consumer-controlled) or funding option can be renewed for at least an If the Sponsor is requesting approval sources, indicating commitments to additional six months) to purchase or to limit occupancy in its proposed fund or to provide the supportive lease the proposed site; or has a copy of project(s), it must submit the following: services, or that a particular service will the contract of sale for the site, a deed, (i) A description of the population of be available to proposed residents. If the long-term leasehold, a request with all persons with disabilities to which Sponsor will be providing any supporting documentation, submitted occupancy will be limited; supportive services or will be either prior to or with the Application (ii) An explanation of why it is coordinating the provision of any of the for Capital Advance, for a partial release necessary to limit occupancy of the supportive services, a letter indicating of a site covered by a mortgage under a proposed project(s) to the population its commitment to either provide the HUD program, or other evidence of legal described in (i) above. This should supportive services or ensure their ownership of the site (including include but is not limited to: provision for the life of the project; properties to be acquired from the FDIC/ (A) An explanation of how limiting (vi) If any State or local government RTC). The Sponsor must also identify occupancy to a subcategory of persons funds will be provided, a description of any restrictive covenants, including with disabilities promotes the goals of the State or local agency’s philosophy/ reverter clauses. In the case of a site to the Section 811 program; and, policy concerning housing for the be acquired from a public body, (B) An explanation of why the population to be served, and a evidence that the public body possesses housing and/or service needs of this demonstration by the Sponsor that the clear title to the site, and has entered 28782 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices into a legally binding agreement to lease (vi) A Phase I Environmental Site (C) The project is compatible with or convey the site to the Sponsor after Assessment, in accordance with the other residential development and the it receives and accepts a notice of American Society for Testing and population density of the area in which Section 811 capital advance, and Material (ASTM) Standards E 1527–93, the project is to be located; identification of any restrictive as amended. Since the Phase I study (D) The increased number of people covenants, including reverter clauses. must be completed and submitted with will not prohibit their successful However, in localities where HUD the application, it is important that the integration into the community; determines that the time constraints of Sponsor start the site assessment (E) The project is marketable in the the funding round will not permit all of process as soon after publication of the community; the required official actions (e.g., NOFA as possible. (F) The size of the project is approval of Community Planning If the Phase I study indicates the consistent with State and/or local Boards) that are necessary to convey possible presence of contamination and/ policies governing similar housing for publicly-owned sites, a letter in the or hazards, the Sponsor must decide the proposed population; and application from the mayor or director whether to continue with this site or (G) A statement that the Sponsor is of the appropriate local agency choose another site. Should the Sponsor willing to have its application processed indicating their approval of conveyance choose another site, the same at the project size limit should HUD not of the site contingent upon the environmental site assessment approve the exception. necessary approval action is acceptable procedure identified above must be (2) If the Sponsor has identified a site, and may be approved by the HUD Office followed for that site. but does not have it under control, it if it has satisfactory experience with must submit the following information: Note: For properties to be acquired from (i) A description of the location of the timely conveyance of sites from that the FDIC/RTC, include a copy of the FDIC/ public body. In such cases, site, including its street address, its unit RTC prepared Transaction Screen Checklist number (if condominium), documentation shall also include a copy or Phase I Environmental Site Assessment, of the public body’s evidence of and applicable documentation, per the FDIC/ neighborhood/community ownership and identification of any RTC Environmental Guidelines. characteristics (to include racial and ethnic data), amenities, adjacent restrictive covenants, including reverter If the Sponsor chooses to continue clauses. housing and/or facilities, and how the with the original site on which the site will promote greater housing Note: A proposed project site may not be Phase I study indicated contamination opportunities for minority persons with acquired or optioned from a general or hazards, then it must undertake a disabilities thereby affirmatively contractor (or its affiliate) that will construct detailed Phase II Environmental Site furthering fair housing; the Section 811 project or from any other Assessment by an appropriate development team member. (ii) A description of the activities professional. If the Phase II Assessment undertaken to identify the site, as well (ii) Evidence that the project as reveals site contamination, the extent of as what actions must be taken to obtain proposed is permissible under the contamination and a plan for clean- control of the site, if approved for applicable zoning ordinances or up of the site must be submitted to the funding; regulations, or a statement of the local HUD Office. The plan for clean-up (iii) An indication as to whether the proposed action required to make the must include a contract for remediation site is properly zoned. If it is not, an proposed project permissible and the of the problem(s) and an approval letter indication of the actions necessary for basis for belief that the proposed action from the applicable Federal, State, and/ proper zoning and whether these can be will be completed successfully before or local agency with jurisdiction over accomplished within six months of fund the submission of the firm commitment the site. In order for the application to reservation award, if approved for application (e.g., a summary of the be considered for review under this FY funding; results of any requests for rezoning on 1997 funding competition, this (iv) A status of the sale of the site; and land in similar zoning classifications information would have to be submitted (v) An indication as to whether the and the time required for such rezoning, to the local HUD Office no later than 30 site would involve relocation. or preliminary indications of days after the application submission 5. A list of the applications, if any, the acceptability from zoning bodies, etc.). deadline date. Sponsor has submitted or is planning to (iii) A narrative topographical and Note: This could be an expensive submit to any other HUD Office in demographic description of the undertaking. The cost of any clean-up and/ response to this NOFA or the NOFA for suitability of the site and area as well as or remediation must be borne by the sponsor. the Section 202 program of Supportive a description of the area surrounding Housing for the Elderly (published (vii) A letter from the State Historic elsewhere in today’s Federal Register). the site, the characteristics of the Preservation Officer indicating whether neighborhood, how the site will Indicate, by HUD Office, the number of the proposed site(s) has any historical units requested and the proposed promote greater housing opportunities significance. for minority persons with disabilities location by city and State for each (viii) If an exception to the project application. Include a list of all FY 1996 thereby affirmatively furthering fair size limits found in section IV.D., housing. and prior year projects to which the below, of this NOFA is being requested, Sponsor(s) is a party, identified by (iv) A statement that the Sponsor is describe why the site was selected and project number and HUD Office, which willing to seek a different site if the demonstrate the following: have not been finally closed. preferred site is unapprovable and that (A) People with disabilities similar to 6. HUD–2880, Applicant/Recipient site control will be obtained within six those of the prospective tenants have Disclosure/Update Report including months of notification of fund indicated their acceptance or preference Social Security Numbers and Employer reservation. to live in housing with as many units/ Identification Numbers. (v) A map showing the location of the people as proposed for the project; 7. Executive Order 12372. A site and the racial composition of the (B) The increased number of people is certification that the Sponsor has neighborhood, with the area of racial necessary for the economic feasibility of submitted a copy of its application, if concentration delineated. the project; required, to the State agency (single Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28783 point of contact) for State review in Rehabilitation Act of 1973 (29 U.S.C. commitment processing in an amount accordance with Executive Order 12372. 794) and the implementing regulations sufficient to meet its obligations in 8. A statement that: (a) Identifies all at 24 CFR part 8; the Fair Housing Act connection with the project. persons (families, individuals, (42 U.S.C. 3600–3619) and the (f) A certification that the Sponsor businesses, and nonprofit organizations) implementing regulations at 24 CFR will comply with the requirements of by race/minority group and status as parts 100, 108, 109, and 110; Title VI of the Lead-Based Paint Poisoning owners or tenants occupying the the Civil Rights Act of 1964 (42 U.S.C. Prevention Act (42 U.S.C. 4821–4846) property on the date of submission of 2000d) and the implementing and implementing regulations at 24 CFR the application for a capital advance; (b) regulations at 24 CFR part 1; section 3 part 35 (except as superseded in 24 CFR indicates the estimated cost of of the Housing and Urban Development 891.325). relocation payments and other services; Act of 1968 (12 U.S.C. 1701u) and the (g) A certification that the Sponsor (c) identifies the staff organization that implementing regulations at 24 CFR part will not require residents to accept any will carry out the relocation activities; 135; the Age Discrimination Act of 1975 supportive services as a condition of and (d) identifies all persons that have (42 U.S.C. 6101–6107) and the occupancy. moved from the site within the last 12 implementing regulations at 24 CFR part IV. Additional Information months. (This requirement applies to 146; Executive Order 11246 (as applications with site control only. amended) and the implementing A. Development Cost Limits Sponsors of applications with identified regulations at 41 CFR Chapter 60; the (a) The following development cost sites that are selected will be required regulations implementing Executive limits, adjusted by locality as described to submit this information at a later date Order 11063 (Equal Opportunity in in (b) below, shall be used to determine once they have obtained site control.) Housing) at 24 CFR part 107; the the capital advance amount to be Note: If any of the relocation costs will be Americans with Disabilities Act (42 reserved for projects for persons with funded from sources other than the Section U.S.C. 12101 et seq.) to the extent disabilities: 811 Capital Advance, the Sponsor must applicable; the affirmative fair housing (1) For independent living facilities: provide evidence of a firm commitment of marketing requirements of 24 CFR part The total development cost of the these funds. When evaluating applications, 200, subpart M and the implementing property or project attributable to HUD will consider the total cost of proposals regulations at 24 CFR part 108; and dwelling use (less the incremental (i.e., cost of site acquisition, relocation, other applicable Federal, State, and construction and other project costs). development cost and the capitalized local laws prohibiting discrimination operating costs associated with any 9. SF–424. A certification on SF–424, and promoting equal opportunity. excess amenities and design features to Application for Federal Assistance, that (b) A certification that the Sponsor(s) be paid for by the Sponsor) may not the Sponsor(s) is not delinquent on the will comply with the requirements of exceed: repayment of any Federal debt. the Drug-Free Workplace Act. 10. Certification Regarding Lobbying. (c) A certification that the project will Non-elevator structures: The Sponsor must submit the comply with HUD’s project design and $28,032 per family unit without a certification required by 24 CFR Part 87. cost standards and special project bedroom; standards; the Uniform Federal $32,321 per family unit with one bedroom; If the Sponsor has made or has agreed $38,979 per family unit with two to make any payment using Accessibility Standards and HUD’s bedrooms; nonappropriated funds for lobbying implementing regulations at 24 CFR part $49,893 per family unit with three activity, as described in 24 CFR Part 87, 40; section 504 of the Rehabilitation Act bedrooms; the submission must also include SF– of 1973 and HUD’s implementing $55,583 per family unit with four LLL, Disclosure of Lobbying Activities. regulations at 24 CFR part 8; and for bedrooms. 11. Certification of Consistency with covered multifamily dwellings designed For elevator structures: the Consolidated Plan (Plan) for the and constructed for first occupancy after $29,500 per family unit without a jurisdiction in which the proposed March 13, 1991, the design and bedroom; project will be located must be construction requirements of the Fair $33,816 per family unit with one bedroom; Housing Act and HUD’s implementing $41,120 per family unit with two submitted by the Sponsor. The bedrooms; certification must be made by the unit regulations at 24 CFR part 100; and the $53,195 per family unit with three of general local government if it is Americans with Disabilities Act of 1990. bedrooms; required to have, or has, a complete (d) A certification by the Sponsor(s) $58,392 per family unit with four Plan. Otherwise, the certification may that it will comply (or has complied) bedrooms. with the acquisition and relocation be made by the State, or by the unit of (2) For group homes only: general local government if the project requirements of the Uniform Relocation will be located within the jurisdiction of Assistance and Real Property Type of disability Acquisition Policies Act of 1970, as the unit of general local government Number of resi- authorized to use an abbreviated amended (URA), implemented by dents Physical/ Chronic regulations at 49 CFR part 24, and 24 devel- Mental Ill- strategy, and if it is willing to prepare opmental ness such a Plan. CFR 891.155(e). All certifications must be made by the (e) A certification by the Sponsor(s) 3 ...... $128,710 $124,245 public official responsible for that it will form an Owner (as defined 4 ...... 137,730 131,980 submitting the Plan to HUD. The in 24 CFR 891.305) after the issuance of 5 ...... 146,750 139,715 certifications must be submitted as part the capital advance, will cause the 6 ...... 155,760 147,450 of the application by the application Owner to file a request for submission deadline date set forth in determination of eligibility and a These cost limits reflect those costs this NOFA. The Plan regulations are request for capital advance, and will reasonable and necessary to develop a published in 24 CFR part 91. provide sufficient resources to the project of modest design that complies 12. Sponsor Certifications. Owner to insure the development and with HUD minimum property (a) A certification that the Sponsor long-term operation of the project, standards; the minimum group home will comply with section 504 of the including capitalizing the Owner at firm requirements of § 891.310(a); the 28784 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices accessibility requirements of Sponsors may select a site different consistent, long-term basis and whether §§ 891.120(b) and 891.310(b); and the from the one(s) submitted in their the proposed housing is consistent with project design and cost standards of original applications if the original State or local policies or plans § 891.120. site(s) is (are) not approvable. Selection governing the development and (b) Increased development cost limits. of a different site will require HUD operation of housing to serve (1) HUD may increase the performance of an environmental individuals of the proposed occupancy development cost limits set forth in review on the new site, which could category. If HUD receives an application paragraphs (a) (1) and (2) above by up result in rejection of that site. However, in which the Supportive Services to 140 percent in any geographic area if a Sponsor does not have site control Certification is missing, is received by where the cost levels require, and may for any reason 12 months after HUD after the deficiency period, or increase the development cost limits by notification of fund reservation, the indicates any of the following: (1) The up to 160 percent on a project-by-project assistance will be recaptured and provision of services is not well basis. reallocated. designed to meet the special needs of (2) If HUD finds that high Sponsors submitting satisfactory persons with disabilities, (2) the construction costs in Alaska, Guam, evidence of an approvable site (i.e., site Sponsor failed to demonstrate that the Virgin Islands or Hawaii make it control) will have 10 bonus points supportive services will be provided on infeasible to construct dwellings, added to the rating of their applications. a consistent, long-term basis, or (3) the without the sacrifice of sound standards Sponsors submitting proper proposed housing is not consistent with of construction, design, and livability, identification of a site will not be State or local agency’s plans/policies within the development cost limits eligible for the 10 bonus points. governing the development and Applications containing evidence of provided in paragraphs (a)(1) and (2) of operation of housing to serve the site control where either the evidence or this section, the amount of capital proposed population and the agency the site is not approvable will not be advances may be increased to will be a major funding or referral rejected provided the application source for the proposed project or be compensate for such costs. The increase indicates the Sponsor’s willingness to may not exceed the limits established responsible for licensing the project, the select another site and an assurance that application shall be rejected. under this section (including any high site control will be obtained within six cost area adjustment) by more than 50 Any prospective resident of a Section months of fund reservation notification. 811 project who believes he/she needs percent. In the case of a scattered site supportive services must be given the (3) For group homes only, HUD application submitted with evidence of choice to be responsible for acquiring Offices may approve increases in the site control for some or all of the sites, his/her own services or to take part in development cost limits in paragraph all of the sites must have satisfactory the Sponsor’s Supportive Services Plan (a)(2) above, in areas where Sponsors evidence of site control and all of the which must be designed to meet the can provide sufficient documentation sites must be approvable for the individual needs of each resident. that high land costs limit or prohibit application to receive the 10 bonus Sponsors may not require residents, as project feasibility. An example of points for site control. acceptable documentation is evidence of a condition of occupancy, to accept any at least three land sales which have C. Supportive Services supportive service. actually taken place (listed prices for The National Affordable Housing Act D. Project Size Limits land are not acceptable) within the last requires Sponsors submitting two years in the area where the project applications for Section 811 fund 1. Group home—The minimum is to be built. The average cost of the reservations to include a supportive number of persons with disabilities that documented sales must exceed seven services plan and a certification from can be housed in a group home is three percent of the development cost limit the appropriate State or local agency and the maximum number is six, with for which the project in question is that the provision of services identified one person per bedroom unless two eligible in order for an increase to be in the Supportive Services Plan is well residents choose to share one bedroom considered. designed to serve the special needs of or a resident determines he/she needs persons with disabilities. Paragraph another person to share his/her B. Sites III.B.4.(c) above outlines the information bedroom. The National Affordable Housing Act that must be in the Supportive Services 2. Independent living facility—The requires Sponsors submitting Plan. Sponsors must submit one copy of minimum number of units that can be applications for Section 811 fund their Supportive Services Plan to the applied for in one application is five; reservations to provide either (a) appropriate State or local agency well in not necessarily in one structure. The evidence of site control, or (b) advance of the application submission maximum number of persons with reasonable assurances that it will have deadline date in order for the State or disabilities that can be housed in an control of a site within six months of local agency to review the Supportive independent living facility is 18. 3. Exceptions—Sponsors may request notification of fund reservation. Services Plan and complete the an exception to the above project size Accordingly, if a Sponsor has control of Supportive Services Certification limits by providing the information a site at the time it submits its (Exhibit 4(d) of the Application required in the Application Package and application, it must include evidence of Package) and return it to the Sponsor for as outlined in section III. B. 4.(e)(1)(viii) such as described in Section III.b.4.(e)(1) inclusion with the application above. of this NOFA and in the Application submission to HUD. Package. If it does not have site control, Since the appropriate State or local V. Other Matters it must provide the information required agency will review the Supportive in Section III.b.4.(e)(2) and in the Services Plan on behalf of HUD, the A. Environmental Impact Application Package for identified sites Supportive Services Certification will This NOFA provides funding under, as a reasonable assurance that site also indicate whether the Sponsor and does not alter the environmental control will be obtained within six demonstrated that the supportive requirements of, regulations in 24 CFR months of fund reservation notification. services will be provided on a part 891, which were published in the Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28785

Federal Register on March 22, 1996 (61 CFR part 15. In addition, HUD will Disclosure Act of 1995, (Pub. L. 104–65; FR 11956). Accordingly, under 24 CFR include the recipients of assistance approved December 19, 1995). 50.19(c)(5), as published in the Federal pursuant to this NOFA in its Federal The Byrd Amendment, which is Register on September 27, 1996 (61 FR Register notice of all recipients of HUD implemented in regulations at 24 CFR 50914, 50919), this NOFA is assistance awarded on a competitive Part 87, prohibits applicants for Federal categorically excluded from basis. contracts and grants from using environmental review under the 2. Disclosures appropriated funds to attempt to National Environmental Policy Act of influence Federal Executive or 1969 (42 U.S.C. 4321). The HUD will make available to the public legislative officers or employees in environmental review provisions of the for five years all applicant disclosure connection with obtaining such Section 811 program regulations are in reports (HUD Form-2880) submitted in assistance, or with its extension, 24 CFR 891.155(b). connection with this NOFA. Update continuation, renewal, amendment or reports (also Form-2880) will be made B. Federalism Executive Order modification. The Byrd Amendment available along with the applicant applies to the funds that are the subject The General Counsel, as the disclosure reports, but in no case for a of this NOFA. Therefore, applicants Designated Official under section 6(a) of period less than three years. All must file a certification stating that they Executive Order 12612, Federalism, has reports—both applicant disclosures and have not made and will not make any determined that this NOFA does not updates—will be made available in prohibited payments, and if any have substantial direct effects on States accordance with the Freedom of payments or agreement to make or their political subdivisions, or on the Information Act (5 U.S.C. 552) and payments of nonappropriated funds for relationship between the Federal HUD’s implementing regulations at 24 these purposes have been made, a form government and the States, or on the CFR part 15. SF–LLL disclosing such payments must distribution of power and be submitted. The certification and the responsibilities among the various D. Prohibition Against Advance SF–LLL are included in the Application levels of government. This NOFA Information on Funding Decisions Package. merely notifies the public of the HUD’s regulation implementing The Lobbying Disclosure Act of 1995 availability of capital advances and section 103 of the Department of (Public Law 104–65; approved project rental assistance for supportive Housing and Urban Development December 19, 1995), which repealed housing for persons with disabilities. As Reform Act of 1989, codified as 24 CFR Section 112 of the HUD Reform Act and a result, this NOFA is not subject to part 4, applies to the funding resulted in the elimination of the review under the Order. competition announced today. The requirements of the rule continue to regulations at 24 CFR Part 86, requires C. Accountability in the Provision of apply until the announcement of the all persons and entities who lobby HUD Assistance selection of all successful applicants. covered Executive or Legislative Branch Section 102 of the Department of HUD employees involved in the review officials to register with the Secretary of Housing and Urban Development of applications and in the making of the Senate and the Clerk of the House Reform Act of 1989 (42 U.S.C. 3545) funding decisions are prohibited by part of Representatives and file reports (HUD Reform Act) and the regulations 4 from providing advance information concerning their lobbying activities. codified in 24 CFR part 4, subpart A, to any person (other than an authorized F. Catalog of Federal Domestic contain a number of provisions that are person) concerning funding decisions, Assistance Program designed to ensure greater or from otherwise giving any applicant accountability and integrity in the an unfair competitive advantage. The Catalog of Federal Domestic provision of certain types of assistance Persons who apply for assistance in this Assistance Program title and number is administered by HUD. On January 14, competition should confine their 14.181, Supportive Housing for Persons 1992, HUD published in the Federal inquiries to the subject areas permitted with Disabilities. Register (57 FR 1942) a notice that also under 24 CFR part 4. Authority: Section 811, National provides information on the Applicants or employees who have Affordable Housing Act, as amended (42 implementation of Section 102. The ethics related questions should contact U.S.C. 1803), Section 7(d), Department of documentation, public access, and the HUD Ethics Law Division (202) 708– Housing and Urban Development Act (42 disclosure requirements of section 102 3815 (This is not a toll-free number.) (To U.S.C. 3535(d)). apply to assistance awarded under this access this number by TTY, dial 1–800– Dated: May 19, 1997. NOFA as follows: 877–8339). HUD employees who have Nicolas P. Retsinas, specific program questions, such as Assistant Secretary for Housing-Federal 1. Documentation and Public Access whether particular subject matter can be Housing Commissioner. Requirements discussed with persons outside HUD, Appendix A HUD will ensure that documentation should contact the appropriate Field and other information regarding each Office Counsel, or Headquarters Counsel Guidelines for Rating Section 811 application submitted pursuant to this Applications FY 1997 Supportive Housing for for the program to which the question Persons with Disabilities NOFA are sufficient to indicate the basis pertains. upon which assistance was provided or DIRECTIONS: In applications proposing a denied. This material, including any E. Prohibition Against Lobbying Co-Sponsor, the Sponsor and Co-Sponsor letters of support, will be made Activities are to be evaluated and scored separately. The higher score shall be available for public inspection for a five- Applicants for funding under this awarded to the application. year period beginning not less than 30 NOFA are subject to the provisions of The full range of numerical ratings should days after the award of the assistance. Section 319 of the Department of be used. Material will be made available in Interior and Related Agencies 1. In determining the Sponsor’s ability to accordance with the Freedom of Appropriations Act for Fiscal Year 1991, develop and operate the proposed housing on Information Act (5 U.S.C. 552) and (31 U.S.C. 1352) (the Byrd Amendment) a long-term basis, consider: 57 points HUD’s implementing regulations at 24 and to the provisions of the Lobbying maximum. 28786 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

(MHR (a) & AM avg’d)—The scope, extent 1–2 points—The Sponsor does not have (VAL) (b)—The proximity or accessibility of and quality of the Sponsor’s experience experience in housing/serving the site to shopping, medical facilities, in providing housing OR related services minorities, but the Sponsor has ties to places of employment, places of to those proposed to be served by the the minority community. worship, transportation, recreational project and the scope of the proposed 0 points—None of the above. facilities, and other necessary services to project (i.e., number of units, services, (SEC (c) REP)—The extent of local the intended occupants, adequacy of relocation costs, development, and government support for the project. (5 utilities and streets and freedom of the operation) in relationship to the points maximum) site from adverse environmental Sponsor’s demonstrated development 5 points—The application contains written conditions (site control projects only), and management capacity and financial evidence that the local government and compliance with site and management capability (32 points intends to provide financial assistance neighborhood standards. (15 points maximum). and community services to the proposed maximum). 27–32 Points—Sponsor must have developed project and the project is consistent with Site Control Projects and operated at least one housing project the Consolidated Plan which shows a comparable in scope to the project being need for housing for persons with 10–15 points—All necessary services and applied for or provided related disabilities. facilities, including shopping facilities for daily necessities (groceries, toiletries supportive services for at least five years 3 points—The application contains written and medicines), are within safe walking for the proposed population and, evidence that the local government distance, OR are easily accessible by demonstrated a consistent performance intends to provide community services frequently operating public in timely development, effective to the proposed project and the project transportation or by transportation marketing, and efficient management of is consistent with the Consolidated Plan provided by the Sponsor. housing and/or service delivery. Also, which shows a need for housing for the Sponsor must not have received any persons with disabilities. Utilities and streets are available, adequate to serve the proposed use, and will require unreasonable increases in fund 1 point—The Sponsor has enlisted some little or no off-site construction. reservations for developing and/or support in the community (i.e., letters of operating previously funded projects. support from other agencies) for the Permissive zoning is in place. 14–26 Points—Sponsor has at least three proposed project and the project is No filling is necessary; soil shows no years experience in providing housing consistent with the Consolidated Plan evidence of instability; or, minimal and/or supportive services for the which shows a need for housing for grading is necessary to improve site proposed population and has persons with disabilities. drainage. Site is adequate in size, demonstrated consistent performance in (MHR) (d)—The extent of the Sponsor’s exposure, configuration, and topography timely development, effective marketing, activities in the community, including with no special facilities required. and efficient management of housing previous experience in serving the area Site is free from all adverse environmental and/or service delivery. where the project is to be located, and conditions, including hazardous 1–13 Points—Sponsor has less than three Sponsor’s demonstrated ability to raise conditions, and adequate fire and police years experience in providing either local funds. (10 points maximum) protection is readily available. housing or supportive services for the 7–10 points—The Sponsor has provided Site is located in an area which does not have proposed population, or has not extensive evidence of: a concentration of housing in which consistently performed the development, occupancy is limited to persons with marketing, and management of housing a. Sponsor’s past history of serving the disabilities. and/or service delivery. project locality (i.e., extent of its 4–9 points—Some necessary services and (FHEO) (b)—The scope, extent and quality of activities, period of involvement and the facilities, including shopping facilities the Sponsor’s experience in providing size of the population served); and, for daily necessities, are within safe housing or related services to minority b. Sponsor’s fund-raising ability. walking distance OR are easily accessible persons or families (10 points 4–6 points—The Sponsor has provided by frequently operating public maximum). documentation which demonstrates its transportation or by transportation 10 points—Sponsor has significant previous previous experience in serving the provided by the Sponsor. Streets and/or experience in housing/serving minorities project locality, and a good track record utilities can be made available to the site (i.e., previous housing assistance/related of private fund-raising in the with moderate extensions. service to minorities was equal to or community. Re-zoning is necessary and Sponsor provided greater than the percentage of minorities 1–3 points—The Sponsor has limited a reasonable assurance that it will be in the jurisdiction where the previous experience in serving the area where the accomplished with only minor housing/service experience occurred); project is to be located, or in securing extensions. and the Sponsor has ties to the minority private funding in a community. Some filling is necessary; soil shows community. 2. In determining the need for supportive 8–9 points—Sponsor has significant previous some evidence of instability; or minor housing for persons with disabilities in the grading is necessary to improve site experience in housing/serving area to be served, the suitability of the site, minorities. There is no evidence that the drainage. Site is adequate in size, and the design of the project, consider: 43 Sponsor has ties to the minority exposure, configuration and topography points maximum. community. with no special facilities required. Site 5–7 points—Sponsor has minimal experience Note: All references to ‘‘site’’ automatically is free from all hazardous in housing/serving minorities (i.e., include its plural form in the case of environmental conditions, but some previous housing assistance/related scattered site projects. service to minorities was less than the minor adverse conditions exist (e.g., (EMAS) (a)—The extent of need for the higher than desirable noise level, or percentage of minorities in the project in the area based on a jurisdiction where the previous housing/ determination made by the HUD Office. minimal air pollution). However, service experience occurred); and the This determination will be made by mitigation is possible without Sponsor has ties to the minority taking into consideration the Sponsor’s significant expenditures of time and community. evidence of need in the area, as well as expense. Adequate fire and police 3–4 points—Sponsor has minimal experience other economic, demographic, and protection is readily available. in housing/serving minorities but the housing market data available to the Site is located in an area which does not have Sponsor does not have ties to the HUD Office. (8 points maximum). a concentration of housing in which minority community. Note: This factor must be scored either 0 occupancy is limited to persons with or 8 points. disabilities. Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28787

1–3 points—Few necessary services and 1–3 points—Few necessary services and 8 points—The site is located in a racially facilities, including shopping facilities facilities, including shopping facilities mixed area bordering the minority for daily necessities are within safe for daily necessities are within safe concentrated area with an unmet need walking distance. Description of the walking distance. Description of the for housing minority persons with availability of public transportation or availability of public transportation or disabilities. the willingness, capacity and plan of the the willingness, capacity and plan of the 5 points—The site is located in a non- Sponsor to provide transportation is Sponsor to provide transportation is minority area but Sponsor has vague. vague. comparable, rental units in the minority Streets and/or utilities can be made available Re-zoning is necessary but the Sponsor concentrated area that will be available to the site only with significant indicated that it may take longer than six to minority persons with disabilities extensions. months beyond fund reservation award. through vacancies and/or turnover, thus Re-zoning is necessary and the Sponsor Site is located in an area which does not have providing a housing choice to minority provided a reasonable assurance that it a concentration of housing in which persons with disabilities who desire to will be accomplished with moderate occupancy is limited to persons with remain in the minority community. extensions. disabilities. 0 points—None of the above. The site, Moderate filling is necessary; soil shows (FHEO)(c)—Suitability of the site from the although acceptable, does not promote a evidence of instability; or moderate standpoints of promoting a greater greater choice of housing opportunities regrading is necessary to improve site choice of housing opportunities for for minority persons with disabilities. drainage. Site is minimally acceptable in minority persons and affirmatively Situation #3—Housing market area where the terms of size, exposure, configuration, furthering fair housing. (10 points existing housing for minority persons with drainage, and topography with some maximum) disabilities is located in an area of minority special facilities required. Site is free The FHEO Rating Criterion for Factor 2 concentration. There is still a housing need from all hazardous environmental awards points considering the existence in the minority concentrated area, as well as conditions, but some minor adverse and location of existing housing for in the community as a whole: conditions exist (e.g., higher than minority persons and whether a minority 10 points—The site is located in a racially desirable noise level, or minimal air concentrated area has an unmet need for mixed area. pollution). However, mitigation is such housing in determining whether a 8 points—The site is located in a non- possible but with significant site promotes housing choice. minority area. expenditures of time and expense. # Situation 1—Housing market area where 5 points—The site is located in a minority Adequate fire and police protection is there is no existing assisted housing for area but Sponsor has comparable, rental readily available. persons with disabilities and minority units outside of the minority Site is located in an area which does not have persons with disabilities (including Section concentrated area that will be available a concentration of housing in which 202, other Section 811 and low rent public to minority persons with disabilities occupancy is limited to persons with housing projects). There is a need for such (through vacancies and/or turnover), disabilities. housing both inside and outside areas of thus providing a housing choice to Site Identified Projects minority concentration. minority persons with disabilities who The site should be rated based upon the 10 points—The site is located in a racially live outside the minority community. Sponsor’s description and any information mixed area with a need for such housing. 0 points—None of the above. The site, you have about the site and the surrounding 8 points—The site is located in a non- although acceptable, does not promote a area without benefit of a site visit. minority area with a need for such greater choice of housing opportunities housing. 10–15 points—All necessary services and for minority persons with disabilities. 5 points—The site is located in a minority # facilities, including shopping facilities Situation 4—Housing market area where few concentrated area with a need for such for daily necessities (groceries, toiletries or no minorities live. (There are no or few housing. The Sponsor has comparable, and medicines), are within safe walking areas of minority concentration.) rental units outside of the minority distance, OR are easily accessible by concentrated area that will be available 10 points—The site is located in a housing frequently operating public to minority persons with disabilities market area with a population of only a transportation or by transportation through vacancies and/or turnover thus few minorities. provided by the Sponsor. providing a housing choice to those 5 points—The site is located in a housing Permissive zoning is in place. minority persons with disabilities who market area with a population of no Site is located in a community setting, will live outside the minority community. minorities. blend in with existing architecture, and # 3 points—The site is located in a minority Situation 5—Housing market area where will afford maximum integration of the concentrated area with a need for existing assisted housing for minority proposed residents. housing. Sponsor does not have persons with disabilities is inside a minority Site is located in an area which does not have comparable rental units outside of the concentrated area and also outside a minority a concentration of housing in which minority concentrated area. concentrated area. Both areas have an unmet occupancy is limited to persons with 0 points—None of the above. The site, need for housing for minorities. disabilities. although acceptable, does not promote a 4–9 points—Some necessary services and 10 points—The site is located Outside and greater choice of housing opportunities facilities, including shopping facilities the majority of assisted housing is for minority persons with disabilities. for daily necessities, are within safe located inside. #2 walking distance OR are easily accessible Situation —Housing market area where 10 points—The site is located Inside and the by frequently operating public there is existing assisted housing for minority majority of assisted housing is located transportation or by transportation persons with disabilities (including Section outside. provided by the Sponsor. 202, other Section 811, low rent public 5 points—The site is located Outside and the Re-zoning is necessary but Sponsor indicates housing and other assisted housing projects majority of assisted housing is located that it will be accomplished with only for minority persons with disabilities) and outside. minor extensions. such housing is located in a non-minority 5 points—The site is located Inside and the Site is located in a community setting, will area. There is an unmet need to house majority of assisted housing is located blend in with existing architecture, and minority persons with disabilities in a inside. # will afford maximum integration of the minority concentrated area: Situation 6—Housing market area where proposed residents. 10 points—The site is located in a minority few or no non-minorities live. (There are no Site is located in an area which does not have concentrated area with an unmet or few areas of non-minority concentration.) a concentration of housing in which housing need for persons with 10 points—The site is located in a housing occupancy is limited to persons with disabilities and/or minority persons with market area with a population of only a disabilities. disabilities. few non-minorities. 28788 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices

5 points—The site is located in a housing development and operation of the 0331, (804) 278–4507, TTY Number: (804) market area with a population of no non- project. 278–4501 minorities. (VAL) (c)—The application contains West Virginia State Office (ARCH)(d)—The extent to which the acceptable evidence of control of an Suite 708, 405 Capitol Street, Charleston, WV proposed design will meet any special approvable site. (10 bonus points) 25301–1795, (304) 347–7000, TTY needs of persons with disabilities the (CPD) (d)—The project will be located within housing is expected to serve. (10 points the boundaries of a Federally designated Number: (304) 347–5332 maximum) Empowerment Zone, Urban Pittsburgh Area Office 6–10 points—Although the individual needs Supplemental Empowerment Zone, 339 Sixth Avenue, Sixth Floor, Pittsburgh, of the population to be served by the Enterprise Community, or an Urban PA 15222–2515, (412) 644–6428, TTY project are not known at this time, it is Enhanced Enterprise Community (5 Number: (412) 644–5747 evident from the detailed narrative that bonus points) the Sponsor has thoroughly thought out HUD—Southeast/Caribbean Area the design of the building(s) as well as Appendix B—HUD Offices Alabama State Office anticipated the general design Note: The first line of the mailing address requirements of the prospective for all offices is U.S. Department of Housing Suite 300, Beacon Ridge Tower, 600 Beacon residents. As a result, the Sponsor and Urban Development. Telephone numbers Parkway, West, Birmingham, AL 35209– indicates: listed are not toll-free. 3144, (205) 290–7617, TTY Number: (205) The proposed population does not require 290–7630 HUD—New England Area any special design features and there Caribbean Office will not be any on-site services requiring Connecticut State Office special accommodations; New San Juan Office Building, 159 Carlos First Floor, 330 Main Street, Hartford, CT Chardon Avenue, San Juan, PR 00918– OR, 06106–1860, (203) 240–4523, TTY 1804, (787) 766–6121, TTY Number: (787) The proposed population will need certain Number: (860) 240–4665 766–5909 design features and identifies each Massachusetts State Office feature, its purpose, why it will be Georgia State Office needed, its location and specifications as Room 375, Thomas P. O’Neill, Jr., Federal Richard B. Russell Federal Building, 75 well as any other pertinent information. Building, 10 Causeway Street, Boston, MA Spring Street, S.W., Atlanta, GA 30303– The features do not include prohibited 02222–1092, (617) 565–5234, TTY 3388, (404) 331–5136, TTY Number: (404) amenities such as health care equipment. Number: (617) 565–5453 730–2654 1–5 points—The narrative is not detailed and New Hampshire State Office Kentucky State Office only provides a sketchy description of the overall design of the building(s) and Norris Cotton Federal Building, 275 Chestnut 601 West Broadway, P.O. Box 1044, just lists special design features without Street, Manchester, NH 03101–2487, (603) Louisville, KY 40201–1044, (502) 582– providing any descriptive information 666–7681, TTY Number: (603) 666–7518 5251, TTY Number: 1–800–648–6056 about them. It is evident from the Rhode Island State Office Mississippi State Office narrative that the Sponsor has not Sixth Floor, 10 Weybosset Street, Providence, thoroughly thought out the design of the Suite 910, Doctor A.H. McCoy Federal RI 02903–3234, (401) 528–5351, TTY Building, 100 West Capitol Street, Jackson, building(s) or the general design Number: (401) 528–5403 requirements of the prospective MS 39269–1096, (601) 965–5308, TTY residents. HUD—New York, New Jersey Area Number: (601) 965–4171 3. Bonus points New Jersey State Office North Carolina State Office (MHR) (a)—The Sponsor’s board is Thirteenth Floor, One Newark Center, Koger Building, 2306 West Meadowview comprised of at least 51 percent persons Newark, NJ 07102–5260, (201) 622–7900, Road, Greensboro, NC 27407–3707, (919) with disabilities. (5 bonus points) TTY Number: (201) 645–3298 547–4001, TTY Number: (919) 547–4055 (MHR) (b)—The Sponsor has involved persons with disabilities (including New York State Office South Carolina State Office minority persons with disabilities) in the 26 Federal Plaza, New York, NY 10278–0068, Strom Thurmond Federal Building, 1835–45 development of the application and will (212) 264–6500, TTY Number: (212) 264– Assembly Street, Columbia, SC 29201– involve persons with disabilities 0927 2480, (803) 765–5592, TTY Number: (803) (including minority persons with Buffalo Area Office 253–3071 disabilities) in the development and Tennessee State Office operation of the project. (5 bonus points) Fifth Floor, Lafayette Court, 465 Main Street, Buffalo, NY 14203–1780, (716) 551–5755, The following criteria must be met to receive Suite 200, 251 Cumberland Bend Drive, TTY Number: (716) 551–5787 the 5 bonus points: Nashville, TN 37228–1803, (615) 736– 5213, TTY Number: (615) 736–2886 (1) The Sponsor met with persons with HUD—Midatlantic Area disabilities (including minority persons District of Columbia Office Jacksonville Area Office with disabilities) at least twice during 820 First Street, NE, Washington, D.C. Suite 2200, Southern Bell Tower, 301 West preparation of the application to solicit 20002–4502, (202) 275–9200, TTY Bay Street, Jacksonville, FL 32202–5121, comments; Number: (202) 275–0772 (904) 232–2626, TTY Number: (904) 232– (2) Drafts of the application were circulated 1241 to persons with disabilities (including Maryland State Office Knoxville Area Office minority persons with disabilities) for Fifth Floor, City Crescent Building, 10 South review prior to submission of the Howard Street, Baltimore, MD 21201–2505, Third Floor, John J. Duncan Federal Building, application to HUD; (410) 962–2520, TTY Number: (410) 962– 710 Locust Street, Knoxville, TN 37902– (3) Sponsor discussed input received and 0106 2526, (423) 545–4384, TTY Number: (423) whether or not it was accepted. If not Pennsylvania State Office 545–4559 accepted, the reasons why were The Wanamaker Building, 100 Penn Square HUD—Midwest Area provided; and East, Philadelphia, PA 19107–3390, (215) Illinois State Office (4) Sponsor certifies that it will involve 656–0600, TTY Number: (215) 656–3452 people with disabilities (including Ralph H. Metcalfe Federal Building, 77 West minority persons with disabilities) in the Virginia State Office Jackson Boulevard, Chicago, IL 60604– next stages of application processing if The 3600 Centre, 3600 West Broad Street, 3507, (312) 353–5680, TTY Number: (312) selected for funding, as well as in the P.O. Box 90331, Richmond, VA 23230– 353–5944 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Notices 28789

Indiana State Office 70130–3099, (504) 589–7200, TTY HUD—Pacific/Hawaii Area 151 North Delaware Street, Indianapolis, IN Number: (504) 589–7279 Arizona State Office 46204–2526, (317) 226–6303, TTY Oklahoma State Office Suite 1600, Two Arizona Center, 400 North Number: (317) 226–7081 500 Main Plaza 500, West Main Street, Suite 5th Street, Phoenix, AZ 85004–2361, (602) Michigan State Office 400, Oklahoma City, OK 73102–2233, (405) 379–4434, TTY Number: (602) 379–4464 Patrick V. McNamara Federal Building, 477 553–7400, TTY Number: (405) 553–7480 California State Office Michigan Avenue, Detroit, MI 48226–2592, Texas State Office (313) 226–7900, TTY Number: (313) 226– Philip Burton Federal Building and U.S. 6899 1600 Throckmorton Street, P.O. Box 2905, Courthouse, 450 Golden Gate Avenue, P.O. Fort Worth, TX 76113–2905, (817) 978– Minnesota State Office Box 36003, San Francisco, CA 94102–3448, 9000, TTY Number: (817) 978–9273 (415) 436–6532, TTY Number: (415) 436– 220 Second Street, South, Minneapolis, MN Houston Area Office 55401–2195, (612) 370–3000, TTY 6594 Number: (612) 370–3186 Suite 200, Norfolk Tower, 2211 Norfolk, Hawaii State Office Houston, TX 77098–4096, (713) 313–2274, Ohio State Office Suite 500, 7 Waterfront Plaza, 500 Ala Moana TTY Number: (713) 834–3274 200 North High Street, Columbus, OH 43215– Boulevard, Honolulu, HI 96813–4918, 2499, (614) 469–5737, TTY Number: (614) San Antonio Area Office (808) 522–8175, TTY Number: (808) 522– 469–6694 Washington Square, 800 Dolorosa Street, San 8193 Wisconsin State Office Antonio, TX 78207–4563, (210) 472–6800, Los Angeles Area Office TTY Number: (210) 472–6885 Suite 1380, Henry S. Reuss Federal Plaza, 1615 West Olympic Boulevard, Los Angeles, 310 West Wisconsin Avenue, Milwaukee, HUD—Great Plains CA 90015–3801, (213) 251–7122, TTY WI 53203–2289, (414) 297–3214, TTY Iowa State Office Number: (213) 894–8133 Number: (414) 297–3123 Room 239, Federal Building, 210 Walnut Sacramento Area Office Cincinnati Area Office Street, Des Moines, IA 50309–2155, (515) Suite 200, 777 12th Street, Sacramento, CA 525 Vine Street, Seventh Floor, Cincinnati, 284–4512, TTY Number: (515) 284–4718 OH 45202–3188, (513) 684–2884, TTY 95814–1997, (916) 498–5220, TTY Number: (513) 684–6180 Kansas/Missouri State Office Number: (916) 498–5959 Cleveland Area Office Room 200, Gateway Tower II, 400 State HUD—Northwest/Alaska Area Avenue, Kansas City, KS 66101–2406, Fifth Floor, Renaissance Building, 1350 (913) 551–5462, TTY Number: (913) 551– Alaska State Office Euclid Avenue, Cleveland, OH 44115– 6972 Suite 401, University Plaza Building, 949 1815, (216) 522–4065, TTY Number: (216) 522–2261 Nebraska State Office East 36th Avenue, Anchorage, AK 99508– 4399, (907) 271–4170, TTY Number: (907) Executive Tower Centre, 10909 Mill Valley Grand Rapids Area Office 271–4328 Trade Center Building, Third Floor, 50 Louis Road, Omaha, NE 68154–3955, (402) 492– Oregon State Office Street, NW, Grand Rapids, MI 49503–2648, 3100, TTY Number: (402) 492–3183 (616) 456–2100, TTY Number: (616) 456– Saint Louis Area Field Office 400 Southwest Sixth Avenue, Suite 700, 2159 Third Floor, Robert A. Young Federal Portland, OR 97204–1632, (503) 326–2561, TTY Number: (503) 326–3656 HUD—Southwest Area Building, 1222 Spruce Street, St. Louis, Washington State Office Arkansas State Office MO 63103–2836, (314) 539–6583, TTY Number: (314) 539–6331 Suite 900, TCBY Tower, 425 West Capitol Suite 200, Seattle Federal Office Building, Avenue, Little Rock, AR 72201–3488, (501) HUD—Rocky Mountains Area 909 First Avenue, Seattle, WA 98104–1000, (206) 220–5101, TTY Number: (206) 220– 324–5931, TTY Number: (501) 324–5931 Colorado State Office 5185 Louisiana State Office 633 17th Street, Denver, CO 80202–3607, Ninth Floor, Hale Boggs Federal Building, (303) 672–5440, TTY Number: (303) 672– [FR Doc. 97–13729 Filed 5–23–97; 8:45 am] 501 Magazine Street, New Orleans, LA 5248 BILLING CODE 4210±27±P federal register May 27,1997 Tuesday Memorial Day1997 Proclamation 7006ÐPrayerforPeace, The President Part IV 28791

28793

Federal Register Presidential Documents Vol. 62, No. 101

Tuesday, May 27, 1997

Title 3— Proclamation 7006 of May 22, 1997

The President Prayer for Peace, Memorial Day, 1997

By the President of the United States of America

A Proclamation The observance of Memorial Day is one of America’s noblest traditions. At its core lies the most basic of the beliefs on which our Nation was founded: that freedom is so precious it is worth the price of our lives to preserve it. Throughout our history, we have been blessed by the courage and commit- ment of Americans who were willing to pay that price, and more than 1.3 million of them have died for our Nation. From Lexington and Concord to Iwo Jima and the Persian Gulf, on fields of battle across America and around the world, our men and women in uniform have risked—and lost— their lives to protect America’s interests, to advance the ideals of democracy, and to defend the liberty we hold so dear. This spirit of selfless sacrifice is an unbroken thread woven through our history. Wherever they came from, whenever they served, our fallen heroes knew they were fighting to preserve our freedom. On Memorial Day we remember them, and we acknowledge that we stand as a great, proud, and free Nation because of their devotion. But this is not the only day on which we honor their service and sacrifice. Whenever we lend our hearts and hands and voices to the work of peace in the world, whenever we show respect for the flag, cast a vote in an election, or exercise our freedoms of speech, assembly, and worship, we honor our fellow Americans who guaranteed those freedoms with their lives. In respect and recognition of these courageous men and women, the Congress, by joint resolution approved on May 11, 1950 (64 Stat. 158), requested that the President issue a proclamation calling upon the people of the United States to observe each Memorial Day as a day of prayer for permanent peace and designating a period on that day when the American people might unite in prayer. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, do hereby proclaim Memorial Day, May 26, 1997, as a day of prayer for permanent peace, and I designate the hour beginning in each locality at 11:00 a.m. of that day as a time to join in prayer. I urge the press, radio, television, and all other information media to take part in this observance. I also request the Governors of the United States and the Commonwealth of Puerto Rico, and the appropriate officials of all units of government, to direct that the flag be flown at half-staff during this Memorial Day on all buildings, grounds, and naval vessels throughout the United States and in all areas under its jurisdiction and control, and I request the people of the United States to display the flag at half-staff from their homes for the customary forenoon period. 28794 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Presidential Documents

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of May, in the year of our Lord nineteen hundred and ninety-seven, and of the Independence of the United States of America the two hundred and twenty-first.

[FR Doc. 97–14013 œ– Filed 5–23–97; 10:59 am] Billing code 3195–01–P i

Reader Aids Federal Register Vol. 62, No. 101 Tuesday, May 27, 1997

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 1997 ...... 28297 For additional information 523±5227 3 CFR Memorandums: Proclamations: March 27, 1997 ...... 26369 Presidential Documents 6996...... 24555 April 24, 1997 ...... 24797 Executive orders and proclamations 523±5227 6997...... 24557 The United States Government Manual 523±5227 6998...... 25105 5 CFR 6999...... 25421 530...... 25423 7000...... 26201 531...... 25423 Other Services 7001...... 26203 Electronic and on-line services (voice) 523±4534 532...... 28305 7002...... 26379 550...... 28305 Privacy Act Compilation 523±3187 7003...... 27167 551...... 28305 TDD for the hearing impaired 523±5229 7004...... 27927 591...... 25423 7005...... 28605 610...... 28305 7006...... 28793 ELECTRONIC BULLETIN BOARD 1312...... 25426 Executive Orders: 2641...... 26915 Free Electronic Bulletin Board service for Public Law numbers, December 5, 1913 3801...... 23941 Federal Register finding aids, and list of documents on public (Modified and Proposed Rules: inspection. 202±275±0920 revoked in part by 1603...... 25558 PLO 7261)...... 27773 FAX-ON-DEMAND 1640...... 25559 March 21, 1914 2423...... 28378 You may access our Fax-On-Demand service. You only need a fax (Modified and 2429...... 28378 machine and there is no charge for the service except for long revoked in part by distance telephone charges the user may incur. The list of PLO 7261)...... 27773 7 CFR documents on public inspection and the daily Federal Register’s June 24, 1914 28...... 25799 table of contents are available using this service. The document (Modified and 29...... 24559 numbers are 7050-Public Inspection list and 7051-Table of revoked in part by 35...... 27493 Contents list. The public inspection list will be updated PLO 7261)...... 27773 226...... 23613 immediately for documents filed on an emergency basis. February 29, 1916 301 ...... 23620, 23943, 24746, NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON (Revoked in part by 24753, 28108 FILE AND NOT THE ACTUAL DOCUMENT. Documents on PLO 7261)...... 27773 340...... 23628, 23945 public inspection may be viewed and copied in our office located August 2, 1916 400...... 28607 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand (Modified by PLO 401 ...... 25107, 28308, 28609 telephone number is: 301±713±6905 7261) ...... 27773 454...... 23628 January 3, 1917 457 ...... 23628, 25107, 26205, (Revoked in part by 28308, 28609 FEDERAL REGISTER PAGES AND DATES, MAY PLO 7261)...... 27773 718...... 25433 February 25, 1919 23613±23938...... 1 723...... 24799 (Modified by PLO 729...... 25433 23939±24324...... 2 7261) ...... 27773 947...... 27169 24325±24558...... 5 October 24, 1920 1131...... 26735 24559±24796...... 6 (Revoked in part by 1230...... 26205 24797±25106...... 7 PLO 7261)...... 27773 1464...... 24799 25107±25420...... 8 May 25, 1921 1466...... 28258 25421±25798...... 9 (Revoked in part by 1493...... 24560 25799±26204...... 12 PLO 7261)...... 27773 1494...... 24560 26205±26380...... 13 April 17, 1926 1710...... 27929 26381±26734...... 14 (Modified by PLO 1755...... 23958, 25017 26735±26914...... 15 7261) ...... 27773 1910...... 28618 5782 (Modified by PLO 26915±27166...... 16 1930...... 25062 7261) ...... 27773 27167±27492...... 19 1941...... 26918, 28618 6025 (Revoked in part 1943...... 28618 27493±27686...... 20 by PLO 7261)...... 27773 1944 ...... 25062, 25071, 26207 27687±27926...... 21 12975(Amended by 1945...... 28618 27927±28304...... 22 EO 13046)...... 27685 1951...... 25062 28305±28606...... 23 13046...... 27685, 28108 1965...... 25062 28607±28794...... 27 13047...... 28301 1980...... 28618 Administrative Orders: 3403...... 26168 Presidential Determinations: Proposed Rules: No. 97±21 of April 24, 319...... 24849, 25561 1997 ...... 23939 321...... 24849 No. 97±22 of May 5, 330...... 24849 1997 ...... 28295 401...... 23675 No. 97±23 of May 5, 405...... 25140 ii Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Reader Aids

416...... 23680, 26750 571...... 27177 736...... 25451 726 ...... 27000, 27562, 28760 425...... 23685 614...... 25831 738...... 25451 727 ...... 27000, 27562, 28760 435...... 26248 617...... 24562 740...... 25451 437...... 23690 618...... 25831 742...... 25451 21 CFR 457 ...... 23675, 23680, 23685, 620...... 24808 744...... 25451, 26922 5...... 28628 23690, 25140, 26248, 26750 630...... 24808 750...... 25451 101...... 28230 800...... 26252 931...... 26921 752...... 25451 172...... 26225 1005...... 27525 934...... 26921 754...... 25451 510...... 27691 1007...... 27525 Proposed Rules: 756...... 25451 520...... 27691, 28628 1011...... 27525 210...... 27547 758...... 25451 522 ...... 27692, 28629, 28630 1046...... 27525 307...... 26431 762...... 25451 530...... 27944 1126...... 26255 330...... 26435 764...... 25451 558...... 27693 1137...... 24610 343...... 26994 768...... 25451 588...... 28630 1138...... 26257 566...... 26449 770...... 25451 806...... 27183 Ch. XIII ...... 24849, 25140 Ch. IX...... 25563 772...... 25451 812...... 26228 1710...... 27546 902...... 27182 1310...... 27693 13 CFR 950...... 24812 Proposed Rules: 8 CFR 121...... 24325, 26381 Proposed Rules: Ch. I ...... 24619 245...... 28314 Proposed Rules: 3...... 27556 101...... 28234 292...... 23634 120...... 25874 178...... 25475 16 CFR 511...... 25212, 25153 9 CFR 14 CFR 303...... 28342 514...... 25152 51...... 27930 25...... 27687, 28315 305...... 26383 558...... 25477 56...... 27930 39 ...... 23640, 23642, 24009, Proposed Rules: 898...... 25477 71...... 27930 24013, 24014, 24015, 24017, 1015...... 24614 1308...... 24620, 27214 75...... 27930 24019, 24021, 24022, 24325, 76...... 27930 24567, 24568, 24570, 24809, 17 CFR 22 CFR 77...... 24801 24810, 25832, 25833, 25834, 1 ...... 24026, 25470, 26384, 41 ...... 24331, 24332, 24334 78...... 27930 25836, 25837, 25839, 26221, 27659 42...... 27693 80...... 27930 26223, 26381, 26737, 27293, 5...... 26384 122...... 27497 85...... 27930 27496, 27941, 27943, 28318, 15...... 24026, 27659 606...... 27947 92...... 23635, 27937 28321, 28322, 28324, 28325, 16...... 24026, 27659 23 CFR 94 ...... 24802, 25439, 27937, 28626 17...... 24026, 27659 71 ...... 23643, 23644, 23646, 28619 31...... 26384 1327...... 27193 23647, 34648, 23649, 23651, 160...... 25444 230...... 24572, 26386 23652, 23653, 23654, 23655, 24 CFR 161...... 25444 239...... 26386 23656, 24024, 25110, 25112, 5...... 24334, 27124 304...... 23639 240...... 26386 25445, 25448, 26224, 26383, 573...... 24573 308...... 23639, 26211 249...... 26386 26739, 27181, 27659, 27688, 941...... 27124 310...... 23639, 26211 270...... 26923 27690, 28328, 28329, 28330, 950...... 24334, 27124 318...... 27940 275...... 28112 28331, 28332, 28333, 28334, 968...... 27124 327...... 23639 279...... 28112 381...... 23639, 26211 28335, 28336, 28337, 28339, 3280...... 24337 416...... 23639, 26211 28340, 28341 Proposed Rules: 3282...... 24337 230...... 24160 417...... 23639 91...... 26890 Proposed Rules: 239...... 24160 95...... 25448 200...... 27486 Proposed Rules: 270...... 24160, 24161 97...... 24025, 25110 960...... 25728 3...... 24611 274...... 24160 121...... 27920 966...... 25728 10 CFR 125...... 27920 18 CFR 3500...... 25740 2...... 26219, 27494 135...... 27920 51...... 26730 187...... 24286, 24552 284...... 25842 25 CFR 52 ...... 25800, 27293, 27840 310...... 25840 Proposed Rules: Proposed Rules: 110...... 27494 374...... 25840 4...... 25874 181...... 27000 420...... 26724 Proposed Rules: 154...... 24853 26 CFR 430...... 26140 Ch. I ...... 26894 375...... 25874 450...... 26724 11...... 24288 430...... 25569 1 ...... 23657, 25498, 25502, 26740, 28630 703...... 24804 21...... 24288 19 CFR 1023...... 24804 25...... 24288, 26453 26...... 27498 Proposed Rules: 39 ...... 23695, 23697, 24851, 122...... 24814 301...... 25498, 26740 51...... 26733 25130, 25563, 25565, 25566, 351...... 27296 601...... 26740, 28630 71...... 25146 26258, 26261, 26456, 27211, 353...... 27296 602...... 25502 435...... 24164 27554, 27986, 27987, 28644, 355...... 27296 Proposed Rules: 28646 Proposed Rules: 1...... 26755, 27563 11 CFR 71 ...... 23699, 25568, 26263, 111...... 24374 301...... 26755 Proposed Rules: 26264, 26265, 26457, 27212, 163...... 24374 601...... 26755 100...... 24367 27705, 27706, 28389 351...... 25874 104...... 24367 93...... 26902 27 CFR 20 CFR 109...... 24367 401...... 28390 Proposed Rules: 110...... 24367 411...... 28390 429...... 24328 9...... 24622 413...... 28390 Proposed Rules: 28 CFR 12 CFR 415...... 28390 222...... 27989 203...... 28620 417...... 28390 229...... 27989 0...... 23657 217...... 26736 404...... 26997 45...... 23941 229...... 26220 15 CFR 416...... 26997 527...... 27872 327...... 27171 730...... 25451 718 ...... 27000, 27562, 28760 544...... 25098 543...... 27177 732...... 25451 722 ...... 27000, 27562, 28760 Proposed Rules: 552...... 27177 734...... 25451 725 ...... 27000, 27562, 28760 16...... 26458 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Reader Aids iii

58...... 28391 110...... 24378 81 ...... 24065, 26266, 28396, 111...... 23894 79...... 28393 117...... 27990 28650 112...... 23894 167...... 25576 82...... 27874 113...... 23894 29 CFR 87...... 25368 159...... 25525 9...... 28175 34 CFR 131...... 27707 160...... 25525 1601...... 26933 200...... 28248 148...... 26041 161...... 23894 4003...... 28631 299...... 28248 180 ...... 24065, 27002, 27132, 169...... 25525 4007...... 28631 668...... 27128 27142, 27149 199...... 25525 4011...... 28631 685...... 25515 194...... 27996 Proposed Rules: 4041...... 28631 Proposed Rules: 228...... 26267 2...... 23705 4041A ...... 28631 97...... 28156 260...... 24212, 25877 31...... 23705 4043...... 28631 1100...... 24860 261 ...... 24212, 25877, 26041, 71...... 23705 4044...... 26741 28650 91...... 23705 4050...... 28631 36 CFR 264...... 24212, 25877 107...... 23705 Proposed Rules: Proposed Rules: 265...... 24212, 25877 115...... 23705 1910...... 28649 7...... 24624 266...... 24212 126...... 23705 4231...... 23700 268...... 26041 175...... 23705 37 CFR 270...... 24212, 25877 176...... 23705 30 CFR Proposed Rules: 271 ...... 24212, 25877, 26041, 189...... 23705 28650 250...... 27948 1...... 24865 47 CFR 251...... 27948 2...... 24865 300 ...... 26463, 27998, 28407 256...... 27948 302...... 28650 0...... 24054 281...... 27948 38 CFR 372...... 24887, 28651 1...... 24576, 26235 282...... 27948 2 ...... 24576, 26239, 26684 21...... 27963 41 CFR 15...... 26239 Proposed Rules: Proposed Rules: 101±21...... 27972 24...... 27563 251...... 23705 3...... 23724 101±49...... 28368 64...... 24583, 24585 253...... 24375 17...... 23731 302±1...... 26374 68...... 24587 914...... 25875 36...... 24872, 24874 302±6...... 26374 73 ...... 24055, 24842, 24843, 24844, 25557, 26416, 26417, 31 CFR 39 CFR Proposed Rules: 101±47...... 24383 26418, 26419, 26684, 26966, 1...... 26934 20 ...... 25136, 25515, 28632 27700, 27701, 27702, 28369 351...... 24280 111 ...... 24340, 25752, 26086 42 CFR 74...... 26684 356...... 25113, 25224 Proposed Rules: 76 ...... 25865, 26235, 26245, 405...... 25844 Proposed Rules: 111...... 25876 28371 413...... 27210 103 ...... 27890, 27900, 27909 502...... 25876 101...... 24576, 28373 417...... 25844 207...... 25572 3001...... 25578 Proposed Rules: 356...... 24375 473...... 25844 493...... 25855 Ch. I ...... 25157 40 CFR 1 ...... 26465, 27710, 28652 32 CFR Proposed Rules: 52 ...... 24035, 24036, 24341, 2...... 24383 1001...... 28410 199...... 26939 24574, 24815, 24824, 24826, 24...... 27507 310...... 26389 26393, 26395, 26396, 26399, 43 CFR 25...... 24073 316...... 26389 26401, 26405, 26745, 26854, 73 ...... 24896, 26466, 27710, 317...... 26389 27195, 27198, 27199, 27201, 3800...... 26966 27711 706 ...... 23658, 26742, 26743 27204, 27964, 27968, 28344, Proposed Rules: Proposed Rules: 28349, 28634 3400...... 27563 48 CFR 285...... 25875 60...... 24824 3410...... 27563 1201...... 26419 70...... 26405 3420...... 27563 1202...... 26419 33 CFR 81 ...... 24036, 24038, 24552, 3440...... 27563 1203...... 26419 5...... 28760 24826, 26230, 27204, 28634 3450...... 27563 1211...... 26419 26...... 28760 87...... 25356 3460...... 27563 1214...... 26419 27...... 28760 148...... 26998 3470...... 27563 1237...... 26419 95...... 28760 180 ...... 24040, 24045, 24835, 3480...... 27563 1246...... 26419 110...... 28760 24839, 25518, 25524, 26407, 1252...... 26419 44 CFR 100 ...... 26229, 26744, 27498, 26412, 26941, 26946, 26949, 1253...... 26419 27499, 27960, 28760 26954, 26960, 28350, 28355, 64...... 24343, 27503 1831...... 24345 110...... 28760 28361 67...... 25858 6103...... 25865 117 ...... 24338, 25514, 27961, 244...... 24051 Proposed Rules: 6104...... 25868, 25870 27962 261...... 26998 62...... 23736 6105...... 25870 130...... 28760 268...... 26998 67...... 25880 Proposed Rules: 136...... 28760 271...... 26998, 27501 1...... 26640, 27214 138...... 28760 282...... 28364 45 CFR 2...... 26640, 27214 140...... 28760 372...... 23834 1610...... 27695 3...... 26640, 27214 151...... 28760 721...... 27694 1626...... 24054, 24159 4...... 26640, 27214 153...... 28760 799...... 28368 1642...... 25862 5...... 26640, 27214 154...... 25115 Proposed Rules: 6...... 26640, 27214 155...... 25115 Ch. I ...... 27991 46 CFR 7...... 26640, 27214 156...... 25115 51...... 27158 2...... 28760 8...... 27214 165 ...... 23659, 24339, 26390, 52 ...... 24060, 24380, 24632, 13...... 25115 9...... 26640, 27214 26392, 27500 24886, 24887, 26459, 26460, 15...... 25115 11...... 26640, 27214 177...... 28760 26463, 27158, 28396, 28650 30...... 25115 12 ...... 25786, 26640, 27214 325...... 26229 60 ...... 24212, 24887, 25877 35...... 25115 13...... 26640, 27214 334...... 24034 63 ...... 24212, 25370, 25877, 98...... 25115 14 ...... 25786, 26640, 27214 Proposed Rules: 27707 105...... 25115 15 ...... 25786, 26640, 27214 96...... 23705 68...... 17992 108...... 23894, 27659 16...... 26640, 27214 100...... 24377 80...... 24776, 25879 110...... 23894 17...... 26640, 27214 iv Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Reader Aids

19 ...... 25786, 26640, 27214 252...... 23741 1180...... 28375 630...... 26427 24...... 26640, 27214 1515...... 27712 Proposed Rules: 648 ...... 25138, 27978, 28638 25...... 26640, 27214 192...... 27715 660 ...... 24355, 24845, 25872, 27...... 26640, 27214 49 CFR 195...... 27715 27519, 27523, 28108, 28376 28...... 26640, 27214 1...... 23661 Ch. V...... 27578 670...... 24058 31...... 26640, 27214 8...... 23661 571...... 26466 674...... 26428 32 ...... 23740, 26640, 27214 10...... 23666 Ch. X...... 24896 678...... 26428, 27703 33 ...... 25786, 26640, 27214 107...... 24055 1039 ...... 27002, 27003, 28413 679 ...... 24058, 25138, 26246, 34...... 27214 171...... 24690 1121...... 23742 26428, 26429, 26749, 26854, 35...... 26640, 27214 172...... 24690 1150...... 23742 26992, 27210 36...... 26640, 27214 173...... 24690 42...... 26640, 27214 175...... 24690 Proposed Rules: 50 CFR 43...... 26640, 27214 176...... 24690 17 ...... 24387, 24388, 24632, 44...... 26640, 27214 178...... 24690 17...... 27973 26757, 28413, 28653 45...... 26640, 27214 190...... 24055 91...... 24844 227...... 28413 49...... 26640, 27214 571...... 25425 222...... 24345 229...... 28415, 28657 50...... 26640, 27214 572...... 27563 227...... 24345, 24588 425...... 28413 52 ...... 23740, 25786, 26640, 801...... 27702 285...... 27518 600 ...... 23744, 24897, 27214 27214 837...... 27702 600...... 23667 622...... 25158 53 ...... 25786, 26640, 27214 1002...... 28375 622...... 23671 648...... 24073 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Reader Aids v

REMINDERS Toll free service access Boeing; published 5-12-97 AGRICULTURE The items in this list were codes; published 4-25-97 General Electric Co.; DEPARTMENT editorially compiled as an aid Radio stations; table of published 3-26-97 Rural Business-Cooperative to Federal Register users. assignments: TRANSPORTATION Service Inclusion or exclusion from Louisiana; published 4-16-97 DEPARTMENT Program regulations: this list has no legal South Dakota; published 4- National Highway Traffic Community facilities grant significance. 16-97 Safety Administration program; comments due Television broadcasting: Fuel economy standards: by 6-6-97; published 4-7- RULES GOING INTO Digital broadcast television 97 licensees; digital television Passenger automobiles; EFFECT MAY 27, 1997 exemption; published 4-9- AGRICULTURE standard use requirement; DEPARTMENT published 3-25-97 97 Rural Housing Service AGRICULTURE HEALTH AND HUMAN Program regulations: DEPARTMENT SERVICES DEPARTMENT COMMENTS DUE NEXT Animal and Plant Health Food and Drug WEEK Community facilities grant Inspection Service Administration program; comments due by 6-6-97; published 4-7- Exportation and importation of Animal drugs, feeds, and AGRICULTURE 97 animals and animal related products: DEPARTMENT products: New drug applicationsÐ Agricultural Marketing AGRICULTURE Prohibited and restricted Cupric glycinate injection; Service DEPARTMENT importationsÐ published 5-27-97 Rural Utilities Service Garbage disposal by Milk marketing orders: Lasalocid; published 5-27- Program regulations: cruise ships in Alaskan Eastern Colorado; 97 Community facilities grant Port landfills; published comments due by 6-5-97; program; comments due 4-24-97 Milbemycin omxime/ published 5-6-97 lufenuron tablets; oral by 6-6-97; published 4-7- Genetically engineered AGRICULTURE dosage form; published 97 organisms and products; DEPARTMENT 5-27-97 requirements and ARCHITECTURAL AND Trenbolone acetate adn Animal and Plant Health procedures simplification; Inspection Service TRANSPORTATION published 4-24-97 estradiol; implantation or BARRIERS COMPLIANCE injectable dosage form; Plant-related quarantine, BOARD AGRICULTURE published 5-27-97 domestic: DEPARTMENT Telecommunications Act of Organization, functions, and Karnal bunt diseaseÐ 1996; implementation: Federal Crop Insurance authority delegations: Regulated and restricted Accessibility, usability, and Corporation Commissioner Office; areas; classification Crop insurance regulations: compatibility of equipment published 5-27-97 criteria modifications; and customer premises Onions; published 5-27-97 HOUSING AND URBAN comments due by 6-2- equipment; guidelines; AGRICULTURE DEVELOPMENT 97; published 5-1-97 comments due by 6-2-97; DEPARTMENT DEPARTMENT AGRICULTURE published 4-18-97 Farm Service Agency Mortgage and loan insurance DEPARTMENT COMMERCE DEPARTMENT Federal Agriculture programs: Commodity Credit National Oceanic and Improvement and Reform Lending institutions and Corporation Atmospheric Administration Act of 1996; implementation: mortgagees approval; Loan and purchase programs: Fishery conservation and Direct and guaranteed loan Federal regulatory reform; Sugar crop year definition management: making provisions published 4-24-97 and loan availability Magnuson Act provisions; Correction; published 5- INTERIOR DEPARTMENT period extension; 27-97 public meetings; Fish and Wildlife Service comments due by 6-2-97; comments due by 6-6-97; ENVIRONMENTAL National wildlife refuge published 4-2-97 published 5-19-97 PROTECTION AGENCY system: AGRICULTURE West Coast States and Air quality implementation Range and feral animal DEPARTMENT Western Pacific plans; approval and managementÐ Federal Crop Insurance fisheriesÐ promulgation; various Range animals; surplus Corporation States: Ocean salmon; comments disposition; published 4- Crop insurance regulations: due by 6-4-97; California; published 3-27-97 24-97 Canning and processing published 5-5-97 Connecticut; published 3-26- JUSTICE DEPARTMENT bean endorsement; DEFENSE DEPARTMENT 97 Civil Liberties Act redress comments due by 6-2-97; Civilian health and medical New Mexico; published 3- provisions: published 5-1-97 26-97 program of uniformed Persons of Japanese Pea; comments due by 6-2- Tennessee; published 3-26- services (CHAMPUS): ancestryÐ 97; published 5-1-97 97 TRICARE program; Restitution for evacuation, Peanuts; comments due by Air quality implementation nonavailability statement relocation, and 6-2-97; published 5-1-97 plans; √A√approval and internment by U.S. requirement; comments Sweet corn; comments due promulgation; various Government; persons due by 6-6-97; published by 6-2-97; published 5-1- States; air quality planning born after parents 4-7-97 97 purposes; designation of evacuated West Coast ENERGY DEPARTMENT areas: prohibited military AGRICULTURE Federal Energy Regulatory Maine et al. zones; published 4-24- DEPARTMENT Commission Correction; published 3- 97 Farm Service Agency Practice and procedure: 27-97 TRANSPORTATION Program regulations: Hydroelectric projects; FEDERAL DEPARTMENT Community facilities grant relicensing procedures; COMMUNICATIONS Federal Aviation program; comments due rulemaking petition; COMMISSION Administration by 6-6-97; published 4-7- comments due by 6-4-97; Common carrier services: Airworthiness directives: 97 published 5-12-97 vi Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Reader Aids

ENVIRONMENTAL Minnesota; comments due dispute resolution; release by 6-3-97; published 4-4- PROTECTION AGENCY by 6-2-97; published 4-16- of third party proprietary 97 Air pollutants, hazardous; 97 information; comments McDonnell Douglas; national emission standards: New Mexico; comments due due by 6-3-97; published comments due by 6-2-97; Pharmaceuticals production; by 6-2-97; published 4-16- 4-4-97 published 4-24-97 97 comments due by 6-2-97; INTERIOR DEPARTMENT Raytheon; comments due by published 4-2-97 FEDERAL TRADE National Park Service 6-2-97; published 4-24-97 Air quality implementation COMMISSION Special regulations: SOCATA; comments due by plans; approval and Magnuson-Moss Warranty Act: Cape Cod National 6-6-97; published 4-9-97 promulgation; various Consumer products written Seashore; off-road vehicle States: warranties; informal Textron Lycoming et al.; use; comments due by 6- comments due by 6-6-97; California; comments due by dispute settlement 5-97; published 5-6-97 6-2-97; published 5-6-97 procedures; comments published 4-7-97 INTERIOR DEPARTMENT Indiana; comments due by due by 6-2-97; published Class E airspace; comments 6-6-97; published 5-7-97 4-2-97 Surface Mining Reclamation due by 6-3-97; published 4- and Enforcement Office Pennsyvania; comments due Trade regulation rules: 30-97 by 6-2-97; published 5-2- Negative option plans use Initial and permanent War risk insurance: regulatory programs: 97 by sellers in commerce; Aviation insurance program; Surface coal mining and Utah; comments due by 6- costs and benefits; comments due by 6-2-97; reclamation operationsÐ 6-97; published 5-7-97 comment request; published 4-17-97 Wisconsin; comments due comments due by 6-2-97; Subdidence due to published 3-31-97 underground mining; Correction; comments due by 6-4-97; published 5-5- by 6-2-97; published 4- Ophthalmic practice rules; prohibition as a surface 97 22-97 Air quality implementation comments due by 6-2-97; coal mining operation; plans; √A√approval and published 4-3-97 interpretation; comments TRANSPORTATION promulgation; various HEALTH AND HUMAN due by 6-2-97; DEPARTMENT States; air quality planning SERVICES DEPARTMENT published 1-31-97 National Highway Traffic purposes; designation of Food and Drug Valid Existing Rights Safety Administration (VER) determination to areas: Administration Motor vehicle safety conduct surface coal Maine; comments due by 6- Food for human consumption standards: mining in areas where it 2-97; published 5-2-97 and animal drugs, feeds, is otherwise prohibited; Occupant crash protectionÐ Hazardous waste: and related products: comments due by 6-2- Air bag-equipped vehicles, Identification and listingÐ Food labelingÐ 97; published 1-31-97 testing; use of unbelted Exclusions; comments due Net quantity of contents; NATIONAL INSTITUTE FOR dummies moratarium; by 6-2-97; published 4- compliance; comments LITERACY comments due by 6-2- 18-97 due by 6-2-97; 97; published 4-1-97 Pesticides; tolerances in food, published 3-4-97 Literacy leadership fellowship program; comments due by Child restraint systems; animal feeds, and raw Food for human consumption: agricultural commodities: 6-6-97; published 5-7-97 air bag warning label Current good manufacturing on rear-facing child Propamocarb hydrochloride; practiceÐ TRANSPORTATION DEPARTMENT seats; modification; comments due by 6-2-97; Dietary supplements and comments due by 6-2- published 4-2-97 dietary supplement Coast Guard 97; published 4-17-97 Solid wastes: ingredients; comments Regattas and marine parades: TRANSPORTATION Hazardous waste due by 6-6-97; North Charleston Fireworks; DEPARTMENT combustors, etc.; published 5-6-97 comments due by 6-4-97; maximum acheivable INTERIOR DEPARTMENT published 5-5-97 Surface Transportation Board control technologies Indian Affairs Bureau TRANSPORTATION performance standards; Grants to tribally controlled DEPARTMENT Practice and procedure: comments due by 6-2-97; community colleges and Rail exemption procedures; published 5-2-97 Federal Aviation Navajo Community College; Administration comments due by 6-2-97; Superfund program: comments due by 6-2-97; Airworthiness directives: published 5-1-97 National oil and hazardous published 4-1-97 substances contingency AlliedSignal Inc.; comments TREASURY DEPARTMENT INTERIOR DEPARTMENT planÐ due by 6-2-97; published Fiscal Service Fish and Wildlife Service 4-1-97 National priorities list Marketable book-entry update; comments due Endangered and threatened Aviat Aircraft, Inc.; Treasury bills, notes, and by 6-2-97; published 4- species: comments due by 6-4-97; bonds; sale and issue; 1-97 Blackburn's sphinx moth published 3-6-97 uniform offering circular: (Hawaiian Islands); Boeing; comments due by FEDERAL Three decimal bidding in comments due by 6-2-97; 6-6-97; published 4-25-97 COMMUNICATIONS .005 increments, etc.; published 4-2-97 COMMISSION Fairchild; comments due by comments due by 6-4-97; Pallid Manzanita; comments Common carrier services: 6-2-97; published 4-24-97 published 5-5-97 due by 6-4-97; published General Electric Co.; Telephone number 5-5-97 TREASURY DEPARTMENT portability; North American comments due by 6-2-97; Thrift Supervision Office Numbering Council INTERIOR DEPARTMENT published 4-3-97 recommendations; Minerals Management Jetstream; comments due Federal regulatory review: comments due by 6-2-97; Service by 6-6-97; published 3-18- Deposits and electronic published 5-8-97 Royalty management: 97 banking; comments due Radio stations; table of Administrative appeals McCauley Propeller by 6-2-97; published 4-2- assignments: process and alternative Systems; comments due 97 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Reader Aids vii

CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: *1–59 ...... (869–032–00037–9) ...... 44.00 Jan. 1, 1997 This checklist, prepared by the Office of the Federal Register, is ●60–139 ...... (869–032–00038–7) ...... 38.00 Jan. 1, 1997 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–032–00039–5) ...... 16.00 Jan. 1, 1997 numbers, prices, and revision dates. 200–1199 ...... (869–032–00040–9) ...... 30.00 Jan. 1, 1997 ● An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–032–00041–7) ...... 21.00 Jan. 1, 1997 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–032–00042–5) ...... 21.00 Jan. 1, 1997 A ``●'' precedes each entry that is now available on-line through 300–799 ...... (869–032–00043–3) ...... 32.00 Jan. 1, 1997 the Government Printing Office's GPO Access service at http:// ●800–End ...... (869–032–00044–1) ...... 22.00 Jan. 1, 1997 www.access.gpo.gov/nara/cfr. For information about GPO Access 16 Parts: call 1-888-293-6498 (toll free). *0–999 ...... (869–032–00045–0) ...... 30.00 Jan. 1, 1997 A checklist of current CFR volumes comprising a complete CFR set, ●1000–End ...... (869–032–00046–8) ...... 34.00 Jan. 1, 1997 also appears in the latest issue of the LSA (List of CFR Sections 17 Parts: Affected), which is revised monthly. 1–199 ...... (869–028–00052–5) ...... 21.00 Apr. 1, 1996 The annual rate for subscription to all revised volumes is $951.00 200–239 ...... (869–028–00053–3) ...... 25.00 Apr. 1, 1996 domestic, $237.75 additional for foreign mailing. 240–End ...... (869–028–00054–1) ...... 31.00 Apr. 1, 1996 Mail orders to the Superintendent of Documents, Attn: New Orders, 18 Parts: P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be 1–149 ...... (869–028–00055–0) ...... 17.00 Apr. 1, 1996 accompanied by remittance (check, money order, GPO Deposit 150–279 ...... (869–028–00056–8) ...... 12.00 Apr. 1, 1996 Account, VISA, Master Card, or Discover). Charge orders may be 280–399 ...... (869–028–00057–6) ...... 13.00 Apr. 1, 1996 telephoned to the GPO Order Desk, Monday through Friday, at (202) 400–End ...... (869–028–00058–4) ...... 11.00 Apr. 1, 1996 512±1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your charge orders to (202) 512-2250. 19 Parts: *1–140 ...... (869–032–00053–1) ...... 33.00 Apr. 1, 1997 Title Stock Number Price Revision Date 141–199 ...... (869–028–00060–6) ...... 23.00 Apr. 1, 1996 ●1, 2 (2 Reserved) ...... (869–032–00001–8) ...... $5.00 Feb. 1, 1997 200–End ...... (869–028–00061–4) ...... 12.00 Apr. 1, 1996 ●3 (1996 Compilation 20 Parts: and Parts 100 and 1–399 ...... (869–028–00062–2) ...... 20.00 Apr. 1, 1996 101) ...... (869–032–00002–6) ...... 20.00 1 Jan. 1, 1997 ●400–499 ...... (869–028–00063–1) ...... 35.00 Apr. 1, 1996 ...... ●4 ...... (869–032–00003–4) ...... 7.00 Jan. 1, 1997 500–End (869–028–00064–9) 32.00 Apr. 1, 1996 5 Parts: 21 Parts: ● ●1–99 ...... (869–028–00065–7) ...... 16.00 Apr. 1, 1996 1–699 ...... (869–032–0004–2) ...... 34.00 Jan. 1, 1997 ● ●700–1199 ...... (869–032–00005–1) ...... 26.00 Jan. 1, 1997 100–169 ...... (869–028–00066–5) ...... 22.00 Apr. 1, 1996 ● ●170–199 ...... (869–028–00067–3) ...... 29.00 Apr. 1, 1996 1200–End, 6 (6 ● Reserved) ...... (869–032–00006–9) ...... 33.00 Jan. 1, 1997 200–299 ...... (869–028–00068–1) ...... 7.00 Apr. 1, 1996 ●300–499 ...... (869–028–00069–0) ...... 50.00 Apr. 1, 1996 7 Parts: ●500–599 ...... (869–028–00070–3) ...... 28.00 Apr. 1, 1996 ●0–26 ...... (869–032–00007–7) ...... 26.00 Jan. 1, 1997 ●600–799 ...... (869–028–00071–1) ...... 8.50 Apr. 1, 1996 ●27–52 ...... (869–032–00008–5) ...... 30.00 Jan. 1, 1997 ●800–1299 ...... (869–028–00072–0) ...... 30.00 Apr. 1, 1996 ●53–209 ...... (869–032–00009–3) ...... 22.00 Jan. 1, 1997 ●1300–End ...... (869–028–00073–8) ...... 14.00 Apr. 1, 1996 ●210–299 ...... (869–032–00010–7) ...... 44.00 Jan. 1, 1997 ●300–399 ...... (869–032–00011–5) ...... 22.00 Jan. 1, 1997 22 Parts: ●400–699 ...... (869–032–00012–3) ...... 28.00 Jan. 1, 1997 1–299 ...... (869–028–00074–6) ...... 36.00 Apr. 1, 1996 ●700–899 ...... (869–032–00013–1) ...... 31.00 Jan. 1, 1997 300–End ...... (869–028–00075–4) ...... 24.00 Apr. 1, 1996 ●900–999 ...... (869–032–00014–0) ...... 40.00 Jan. 1, 1997 23 ...... (869–028–00076–2) ...... 21.00 Apr. 1, 1996 ●1000–1199 ...... (869–032–00015–8) ...... 45.00 Jan. 1, 1997 ●1200–1499 ...... (869–032–00016–6) ...... 33.00 Jan. 1, 1997 24 Parts: *●1500–1899 ...... (869–032–00017–4) ...... 53.00 Jan. 1, 1997 0–199 ...... (869–028–00077–1) ...... 30.00 May 1, 1996 ●1900–1939 ...... (869–032–00018–2) ...... 19.00 Jan. 1, 1997 200–219 ...... (869–028–00078–9) ...... 14.00 May 1, 1996 ●1940–1949 ...... (869–032–00019–1) ...... 40.00 Jan. 1, 1997 220–499 ...... (869–028–00079–7) ...... 13.00 May 1, 1996 ●1950–1999 ...... (869–032–00020–4) ...... 42.00 Jan. 1, 1997 500–699 ...... (869–028–00080–1) ...... 14.00 May 1, 1996 ●2000–End ...... (869–032–00021–2) ...... 20.00 Jan. 1, 1997 700–899 ...... (869–028–00081–9) ...... 13.00 May 1, 1996 900–1699 ...... (869–028–00082–7) ...... 21.00 May 1, 1996 ●8 ...... (869–032–00022–1) ...... 30.00 Jan. 1, 1997 1700–End ...... (869–028–00083–5) ...... 14.00 May 1, 1996 9 Parts: 25 ...... (869–028–00084–3) ...... 32.00 May 1, 1996 ●1–199 ...... (869–032–00023–9) ...... 39.00 Jan. 1, 1997 ●200–End ...... (869–032–00024–7) ...... 33.00 Jan. 1, 1997 26 Parts: §§ 1.0-1–1.60 ...... (869–028–00085–1) ...... 21.00 Apr. 1, 1996 10 Parts: §§ 1.61–1.169 ...... (869–028–00086–0) ...... 34.00 Apr. 1, 1996 ● * 0–50 ...... (869–032–00025–5) ...... 39.00 Jan. 1, 1997 §§ 1.170–1.300 ...... (869–028–00087–8) ...... 24.00 Apr. 1, 1996 ● 51–199 ...... (869–032–00026–3) ...... 31.00 Jan. 1, 1997 §§ 1.301–1.400 ...... (869–028–00088–6) ...... 17.00 Apr. 1, 1996 ● * 200–499 ...... (869–032–00027–1) ...... 30.00 Jan. 1, 1997 §§ 1.401–1.440 ...... (869–028–00089–4) ...... 31.00 Apr. 1, 1996 *500–End ...... (869–032–00028–0) ...... 42.00 Jan. 1, 1997 §§ 1.441-1.500 ...... (869-028-00090-8) ...... 22.00 Apr. 1, 1996 ●11 ...... (869–032–00029–8) ...... 20.00 Jan. 1, 1997 §§ 1.501–1.640 ...... (869–028–00091–6) ...... 21.00 Apr. 1, 1996 §§ 1.641–1.850 ...... (869–028–00092–4) ...... 25.00 Apr. 1, 1996 12 Parts: §§ 1.851–1.907 ...... (869–028–00093–2) ...... 26.00 Apr. 1, 1996 ●1–199 ...... (869–032–00030–1) ...... 16.00 Jan. 1, 1997 §§ 1.908–1.1000 ...... (869–028–00094–1) ...... 26.00 Apr. 1, 1996 ●200–219 ...... (869–032–00031–0) ...... 20.00 Jan. 1, 1997 §§ 1.1001–1.1400 ...... (869–028–00095–9) ...... 26.00 Apr. 1, 1996 ●220–299 ...... (869–032–00032–8) ...... 34.00 Jan. 1, 1997 §§ 1.1401–End ...... (869–028–00096–7) ...... 35.00 Apr. 1, 1996 ●300–499 ...... (869–032–00033–6) ...... 27.00 Jan. 1, 1997 2–29 ...... (869–028–00097–5) ...... 28.00 Apr. 1, 1996 ●500–599 ...... (869–032–00034–4) ...... 24.00 Jan. 1, 1997 30–39 ...... (869–028–00098–3) ...... 20.00 Apr. 1, 1996 ●600–End ...... (869–032–00035–2) ...... 40.00 Jan. 1, 1997 40–49 ...... (869–028–00099–1) ...... 13.00 Apr. 1, 1996 ●13 ...... (869–032–00036–1) ...... 23.00 Jan. 1, 1997 50–299 ...... (869–028–00100–9) ...... 14.00 Apr. 1, 1996 viii Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Reader Aids

Title Stock Number Price Revision Date Title Stock Number Price Revision Date 300–499 ...... (869–028–00101–7) ...... 25.00 Apr. 1, 1996 ●300–399 ...... (869–028–00154–8) ...... 28.00 July 1, 1996 *500–599 ...... (869–032–00094–8) ...... 6.00 4 Apr. 1, 1990 ●400–424 ...... (869–028–00155–6) ...... 33.00 July 1, 1996 600–End ...... (869–028–00103–3) ...... 8.00 Apr. 1, 1996 ●425–699 ...... (869–028–00156–4) ...... 38.00 July 1, 1996 ● 27 Parts: 700–789 ...... (869–028–00157–2) ...... 33.00 July 1, 1996 ● ...... 1–199 ...... (869–028–00104–1) ...... 44.00 Apr. 1, 1996 790–End (869–028–00158–7) 19.00 July 1, 1996 200–End ...... (869–028–00105–0) ...... 13.00 Apr. 1, 1996 41 Chapters: 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 28 Parts: ...... 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 ...... 1-42 (869–028–00106–8) 35.00 July 1, 1996 3–6 ...... 14.00 3 July 1, 1984 ...... 43-end (869-028-00107-6) 30.00 July 1, 1996 7 ...... 6.00 3 July 1, 1984 29 Parts: 8 ...... 4.50 3 July 1, 1984 0–99 ...... (869–028–00108–4) ...... 26.00 July 1, 1996 9 ...... 13.00 3 July 1, 1984 100–499 ...... (869–028–00109–2) ...... 12.00 July 1, 1996 10–17 ...... 9.50 3 July 1, 1984 500–899 ...... (869–028–00110–6) ...... 48.00 July 1, 1996 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 900–1899 ...... (869–028–00111–4) ...... 20.00 July 1, 1996 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 1900–1910 (§§ 1900 to 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 1910.999) ...... (869–028–00112–2) ...... 43.00 July 1, 1996 19–100 ...... 13.00 3 July 1, 1984 1910 (§§ 1910.1000 to 1–100 ...... (869–028–00159–9) ...... 12.00 July 1, 1996 end) ...... (869–028–00113–1) ...... 27.00 July 1, 1996 101 ...... (869–028–00160–2) ...... 36.00 July 1, 1996 1911–1925 ...... (869–028–00114–9) ...... 19.00 July 1, 1996 102–200 ...... (869–028–00161–1) ...... 17.00 July 1, 1996 1926 ...... (869–028–00115–7) ...... 30.00 July 1, 1996 201–End ...... (869–028–00162–9) ...... 17.00 July 1, 1996 1927–End ...... (869–028–00116–5) ...... 38.00 July 1, 1996 42 Parts: 30 Parts: ●1–399 ...... (869–028–00163–7) ...... 32.00 Oct. 1, 1996 1–199 ...... (869–028–00117–3) ...... 33.00 July 1, 1996 ●400–429 ...... (869–028–00164–5) ...... 34.00 Oct. 1, 1996 200–699 ...... (869–028–00118–1) ...... 26.00 July 1, 1996 ●430–End ...... (869–028–00165–3) ...... 44.00 Oct. 1, 1996 700–End ...... (869–028–00119–0) ...... 38.00 July 1, 1996 43 Parts: 31 Parts: ●1–999 ...... (869–028–00166–1) ...... 30.00 Oct. 1, 1996 0–199 ...... (869–028–00120–3) ...... 20.00 July 1, 1996 ●1000–end ...... (869–028–00167–0) ...... 45.00 Oct. 1, 1996 200–End ...... (869–028–00121–1) ...... 33.00 July 1, 1996 ●44 ...... (869–028–00168–8) ...... 31.00 Oct. 1, 1996 32 Parts: 45 Parts: 2 1–39, Vol. I ...... 15.00 July 1, 1984 ●1–199 ...... (869–028–00169–6) ...... 28.00 Oct. 1, 1996 2 1–39, Vol. II ...... 19.00 July 1, 1984 ●200–499 ...... (869–028–00170–0) ...... 14.00 6 Oct. 1, 1995 2 1–39, Vol. III ...... 18.00 July 1, 1984 ●500–1199 ...... (869–028–00171–8) ...... 30.00 Oct. 1, 1996 1–190 ...... (869–028–00122–0) ...... 42.00 July 1, 1996 ●1200–End ...... (869–028–00172–6) ...... 36.00 Oct. 1, 1996 191–399 ...... (869–028–00123–8) ...... 50.00 July 1, 1996 400–629 ...... (869–028–00124–6) ...... 34.00 July 1, 1996 46 Parts: 630–699 ...... (869–028–00125–4) ...... 14.00 5 July 1, 1991 ●1–40 ...... (869–028–00173–4) ...... 26.00 Oct. 1, 1996 700–799 ...... (869–028–00126–2) ...... 28.00 July 1, 1996 ●41–69 ...... (869–028–00174–2) ...... 21.00 Oct. 1, 1996 800–End ...... (869–028–00127–1) ...... 28.00 July 1, 1996 ●70–89 ...... (869–028–00175–1) ...... 11.00 Oct. 1, 1996 ●90–139 ...... (869–028–00176–9) ...... 26.00 Oct. 1, 1996 33 Parts: ●140–155 ...... (869–028–00177–7) ...... 15.00 Oct. 1, 1996 1–124 ...... (869–028–00128–9) ...... 26.00 July 1, 1996 ●156–165 ...... (869–028–00178–5) ...... 20.00 Oct. 1, 1996 125–199 ...... (869–028–00129–7) ...... 35.00 July 1, 1996 ●166–199 ...... (869–028–00179–3) ...... 22.00 Oct. 1, 1996 200–End ...... (869–028–00130–1) ...... 32.00 July 1, 1996 ●200–499 ...... (869–028–00180–7) ...... 21.00 Oct. 1, 1996 34 Parts: ●500–End ...... (869–028–00181–5) ...... 17.00 Oct. 1, 1996 1–299 ...... (869–028–00131–9) ...... 27.00 July 1, 1996 47 Parts: 300–399 ...... (869–028–00132–7) ...... 27.00 July 1, 1996 ●0–19 ...... (869–028–00182–3) ...... 35.00 Oct. 1, 1996 400–End ...... (869–028–00133–5) ...... 46.00 July 1, 1996 ●20–39 ...... (869–028–00183–1) ...... 26.00 Oct. 1, 1996 35 ...... (869–028–00134–3) ...... 15.00 July 1, 1996 ●40–69 ...... (869–028–00184–0) ...... 18.00 Oct. 1, 1996 ●70–79 ...... (869–028–00185–8) ...... 33.00 Oct. 1, 1996 36 Parts ●80–End ...... (869–028–00186–6) ...... 39.00 Oct. 1, 1996 1–199 ...... (869–028–00135–1) ...... 20.00 July 1, 1996 200–End ...... (869–028–00136–0) ...... 48.00 July 1, 1996 48 Chapters: ●1 (Parts 1–51) ...... (869–028–00187–4) ...... 45.00 Oct. 1, 1996 37 ...... (869–028–00137–8) 24.00 July 1, 1996 ●1 (Parts 52–99) ...... (869–028–00188–2) ...... 29.00 Oct. 1, 1996 38 Parts: ●2 (Parts 201–251) ...... (869–028–00189–1) ...... 22.00 Oct. 1, 1996 0–17 ...... (869–028–00138–6) ...... 34.00 July 1, 1996 ●2 (Parts 252–299) ...... (869–028–00190–4) ...... 16.00 Oct. 1, 1996 18–End ...... (869–028–00139–4) ...... 38.00 July 1, 1996 ●3–6 ...... (869–028–00191–2) ...... 30.00 Oct. 1, 1996 ●7–14 ...... (869–028–00192–1) ...... 29.00 Oct. 1, 1996 39 ...... (869–028–00140–8) ...... 23.00 July 1, 1996 ●15–28 ...... (869–028–00193–9) ...... 38.00 Oct. 1, 1996 40 Parts: ●29–End ...... (869–028–00194–7) ...... 25.00 Oct. 1, 1996 ●1–51 ...... (869–028–00141–6) ...... 50.00 July 1, 1996 49 Parts: ●52 ...... (869–028–00142–4) ...... 51.00 July 1, 1996 ●1–99 ...... (869–028–00195–5) ...... 32.00 Oct. 1, 1996 ●53–59 ...... (869–028–00143–2) ...... 14.00 July 1, 1996 ●100–185 ...... (869–028–00196–3) ...... 50.00 Oct. 1, 1996 60 ...... (869-028-00144-1) ...... 47.00 July 1, 1996 ●186–199 ...... (869–028–00197–1) ...... 14.00 Oct. 1, 1996 ●61–71 ...... (869–028–00145–9) ...... 47.00 July 1, 1996 ●200–399 ...... (869–028–00198–0) ...... 39.00 Oct. 1, 1996 ●72–80 ...... (869–028–00146–7) ...... 34.00 July 1, 1996 ●400–999 ...... (869–028–00199–8) ...... 49.00 Oct. 1, 1996 ●81–85 ...... (869–028–00147–5) ...... 31.00 July 1, 1996 ●1000–1199 ...... (869–028–00200–5) ...... 23.00 Oct. 1, 1996 86 ...... (869–028–00148–3) ...... 46.00 July 1, 1996 ●1200–End ...... (869–028–00201–3) ...... 15.00 Oct. 1, 1996 ●87-135 ...... (869–028–00149–1) ...... 35.00 July 1, 1996 ●136–149 ...... (869–028–00150–5) ...... 35.00 July 1, 1996 50 Parts: ●150–189 ...... (869–028–00151–3) ...... 33.00 July 1, 1996 ●1–199 ...... (869–028–00202–1) ...... 34.00 Oct. 1, 1996 ●190–259 ...... (869–028–00152–1) ...... 22.00 July 1, 1996 ●200–599 ...... (869–028–00203–0) ...... 22.00 Oct. 1, 1996 ●260–299 ...... (869–028–00153–0) ...... 53.00 July 1, 1996 ●600–End ...... (869–028–00204–8) ...... 26.00 Oct. 1, 1996 Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 / Reader Aids ix

Title Stock Number Price Revision Date CFR Index and Findings Aids ...... (869–032–00047–6) ...... 45.00 Jan. 1, 1997 Complete 1997 CFR set ...... 951.00 1997 Microfiche CFR Edition: Subscription (mailed as issued) ...... 247.00 1997 Individual copies ...... 1.00 1997 Complete set (one-time mailing) ...... 264.00 1996 Complete set (one-time mailing) ...... 264.00 1995 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period Apr. 1, 1990 to Mar. 31, 1997. The CFR volume issued April 1, 1990, should be retained. 5 No amendments to this volume were promulgated during the period July 1, 1991 to June 30, 1996. The CFR volume issued July 1, 1991, should be retained. 6 No amendments were promulgated during the period October 1, 1995 to September 30, 1996. The CFR volume issued October 1, 1995 should be retained.