Pages 25389±25548 Vol. 61 5±21±96 No. 99 federal register May 21,1996 Tuesday of thisissue. Washington, DC,seeannouncementontheinsidecover For informationonbriefingsinChicago,ILand Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996

SUBSCRIPTIONS AND COPIES

PUBLIC Subscriptions: Paper or fiche 202–512–1800 FEDERAL REGISTER Published daily, Monday through Friday, Assistance with public subscriptions 512–1806 (not published on Saturdays, Sundays, or on official holidays), by General online information 202–512–1530 the Office of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Single copies/back copies: Act (49 Stat. 500, as amended; 44 U.S.C. Ch. 15) and the Paper or fiche 512–1800 regulations of the Administrative Committee of the Federal Register Assistance with public single copies 512–1803 (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC FEDERAL AGENCIES 20402. Subscriptions: The Federal Register provides a uniform system for making Paper or fiche 523–5243 available to the public regulations and legal notices issued by Assistance with Federal agency subscriptions 523–5243 Federal agencies. These include Presidential proclamations and For other telephone numbers, see the Reader Aids section Executive Orders and Federal agency documents having general applicability and legal effect, documents required to be published at the end of this issue. by act of Congress and other Federal agency documents of public interest. Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless FEDERAL REGISTER WORKSHOP earlier filing is requested by the issuing agency. The seal of the National Archives and Records Administration THE FEDERAL REGISTER: WHAT IT IS AND authenticates this issue of the Federal Register as the official serial HOW TO USE IT publication established under the Federal Register Act. 44 U.S.C. 1507 provides that the contents of the Federal Register shall be FOR: Any person who uses the Federal Register and Code of Federal judicially noticed. Regulations. The Federal Register is published in paper, 24x microfiche and as WHO: Sponsored by the Office of the Federal Register. an online database through GPO Access, a service of the U.S. WHAT: Free public briefings (approximately 3 hours) to present: Government Printing Office. The online database is updated by 6 1. The regulatory process, with a focus on the Federal Register a.m. each day the Federal Register is published. The database system and the public’s role in the development of includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. Free public access is available on a regulations. Wide Area Information Server (WAIS) through the Internet and via 2. The relationship between the Federal Register and Code of asynchronous dial-in. Internet users can access the database by Federal Regulations. using the World Wide Web; the Superintendent of Documents l 3. The important elements of typical Federal Register home page address is http://www.access.gpo.gov/su docs/, by documents. using local WAIS client software, or by telnet to swais.access.gpo.gov, then login as guest, (no password required). 4. An introduction to the finding aids of the FR/CFR system. Dial-in users should use communications software and modem to WHY: To provide the public with access to information necessary to call (202) 512–1661; type swais, then login as guest (no password research Federal agency regulations which directly affect them. required). For general information about GPO Access, contact the GPO Access User Support Team by sending Internet e-mail to There will be no discussion of specific agency regulations. [email protected]; by faxing to (202) 512–1262; or by calling (202) 512–1530 between 7 a.m. and 5 p.m. Eastern time, Monday– Friday, except for Federal holidays. CHICAGO, IL The annual subscription price for the Federal Register paper edition is $494, or $544 for a combined Federal Register, Federal WHEN: June 11, 1996 at 9:00 am Register Index and List of CFR Sections Affected (LSA) WHERE: Metcalfe Federal Building, Conference Room subscription; the microfiche edition of the Federal Register 328, 77 West Jackson, Chicago, Illinois including the Federal Register Index and LSA is $433. Six month 60604 subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $8.00 for each issue, or $8.00 RESERVATIONS: 1–800–688–9889 for each group of pages as actually bound; or $1.50 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign WASHINGTON, DC handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit [Two Sessions] Account, VISA or MasterCard. Mail to: New Orders, WHEN: June 18, 1996 at 9:00 am, and Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA June 25, 1996 at 9:00 am 15250–7954. WHERE: Office of the Federal Register Conference There are no restrictions on the republication of material appearing Room, 800 North Capitol Street, NW., in the Federal Register. Washington, DC (3 blocks north of Union How To Cite This Publication: Use the volume number and the Station Metro) page number. Example: 61 FR 12345. RESERVATIONS: 202–523–4538

2 III

Contents Federal Register Vol. 61, No. 99

Tuesday, May 21, 1996

Agriculture Department Environmental Protection Agency See Animal and Plant Health Inspection Service RULES See Forest Service Air pollutants; hazardous; national emission standards: Perchloroethylene emissions from dry cleaning Animal and Plant Health Inspection Service facilities— RULES California, 25397–25400 Import and export user fees PROPOSED RULES Correction, 25513 Acquisition regulations: Source selection process, 25440–25443

Census Bureau Federal Aviation Administration NOTICES PROPOSED RULES Agency information collection activities: Airports: Proposed collection; comment request, 25478–25480 Passenger facility charges, 25420–25421 Airworthiness directives: Centers for Disease Control and Prevention Beech, 25418–25420 PROPOSED RULES de Havilland, 25417–25418 Respiratory devices used to protect workers in hazardous environments, certification; NIOSH meeting Federal Communications Commission Correction, 25513 NOTICES NOTICES Meetings: Meetings: 1997 World Radiocommunication Conference Industry Public Health Service Activities and Research at DOE Committee (WRC–97 Advisory Committee), 25490 Sites Citizens Advisory Committee, 25495 Payment accepted from non-Federal sources; semiannual report, 25490–25491

Commerce Department Federal Contract Compliance Programs Office See Census Bureau PROPOSED RULES See National Institute of Standards and Technology Government contractors, affirmative action requirements; See National Oceanic and Atmospheric Administration EO 11246 implementation, 25516–25526 See National Telecommunications and Information Administration Federal Emergency Management Agency RULES Defense Department Flood elevation determinations: RULES Alabama et al., 25405–25407 Acquisition regulations: Arizona et al., 25400–25402 Direct submission of vouchers to disbursing office, 25409 Florida et al., 25402–25403 Higher education institutions with anti-ROTC policy, Georgia et al., 25403–25405 25408–25409 PROPOSED RULES NOTICES Flood elevation determinations: Meetings: Arizona et al., 25435–25440 Electron Devices Advisory Group, 25482 Connecticut et al., 25429–25435 Science Board task forces, 25482–25483 Wage Committee, 25483 Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.: Education Department Midwest Hydraulic Co., 25488–25489 NOTICES Hydroelectric applications, 25489–25490 Agency information collection activities: Applications, hearings, determinations, etc.: Submission for OMB review; comment request, 25483– Colorado Interstate Gas Co., 25486 25484 East Tennessee Natural Gas Co., 25486 Meetings: Great Lakes Transmission L.P., 25486–25487 National Educational Research Policy and Priorities Mississippi River Transmission Corp., 25487 Board, 25484–25485 Tennessee Gas Pipeline Co., 25487 Texas Eastern Transmission Corp., 25487–25488 Energy Department Williams Natural Gas Co., 25488 See Federal Energy Regulatory Commission NOTICES Federal Maritime Commission Meetings: NOTICES Environmental Management Site-Specific Advisory Agreements; additional information requests: Board— Crowley American Transport, Inc., et al., 25491 Fernald Site, 25485–25486 Freight forwarder licenses: Pantex Plant, TX, 25485 AAA International Shipping et al., 25491 IV Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Contents

Federal Reserve System Health and Human Services Department RULES See Centers for Disease Control and Prevention Availability of funds and collection of checks (Regulation See Food and Drug Administration CC): See National Institutes of Health Technical amendments, 25389–25390 See Substance Abuse and Mental Health Services NOTICES Administration Banks and bank holding companies: Change in bank control, 25491–25492 Interior Department Formations, acquisitions, and mergers, 25492 See Land Management Bureau Permissible nonbanking activities, 25492–25493 See Minerals Management Service See National Park Service Federal Trade Commission See Surface Mining Reclamation and Enforcement Office NOTICES Prohibited trade practices: Justice Department Atlas Supply Co., 25493 See Justice Programs Office Blenheim Expositions, Inc., 25493 Devro International plc et al., 25493 Justice Programs Office Johnson & Johnson Consumer Products, Inc., 25493– NOTICES 25494 Agency information collection activities: Praxair, Inc., 25494 Proposed collection; comment request, 25506–25507 Safe Brands Corp. et al., 25494 Grants and cooperative agreements; availability, etc.: Stop & Shop Companies, Inc., et al., 25494–25495 Program plans (1996 FY); correction, 25507 West Point-Pepperell, Inc., 25495 Labor Department Food and Drug Administration See Federal Contract Compliance Programs Office RULES See Occupational Safety and Health Administration Chlorofluorocarbon propellants in self-pressurized containers: Land Management Bureau Sterile aerosol talc— NOTICES Addition to list of essential uses, 25390–25392 Alaska Native claims selection: Food additives: Arviq Inc., 25500 Adjuvants, production aids, and sanitizers— Meetings: Formaldehyde, polymer with 1-naphthylenol, 25395– Arizona Resource Advisory Council, 25500 25396 Lower Snake River District Resource Advisory Council, Chlorine dioxide; correction, 25392 25500 Paper and paperboard components— Resource management plans, etc.: Diethanolamine, 25392–25395 PROPOSED RULES Churchill County, NV, 25500–25501 Food for human consumption: Withdrawal and reservation of lands: Food labeling— Idaho, 25501 Nutrient content claims; ‘‘healthy’’ definition; fruits, vegetables, etc., inclusion; correction, 25421 Minerals Management Service NOTICES PROPOSED RULES Biological product licenses: Royalty management: Worldwide Biologicals, Inc., 25495–25496 Federal leases; natural gas valuation regulations; Federal regulatory review: amendments, 25421–25425 Grassroots regulatory partnership meetings— NOTICES Pacific Region; medicated feed industry, 25496–25497 Outer Continental Shelf operations: Human drugs: Sand and gravel resources lease sale, 25501–25504 Glyburide tablets 4.5 milligrams; determination that it was not withdrawn from sale for reasons of safety or National Aeronautics and Space Administration effectiveness, 25497 NOTICES Hydrocortisone acetate topical ointment 2.5%; Meetings: determination that it was not withdrawn from sale Space Science Advisory Committee, 25507–25508 for reasons of safety or effectiveness, 25497–25498 Medroxyprogesterone acetate 100 milligrams per National Institute of Standards and Technology milliliter; determination that it was not withdrawn NOTICES from sale for reasons of safety or effectiveness, Meetings: 25498–25499 Computer System Security and Privacy Advisory Board, 25480 Forest Service Manufacturing engineering tool kits project; cooperative NOTICES research and development consortium, 25480–25481 Environmental statements; availability, etc.: Summit County et al., UT; petroleum pipeline, 25477– National Institutes of Health 25478 NOTICES Forest Legacy Program guidelines; revision; comment Meetings: request, 25478 National Institute of Mental Health, 25499 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Contents V

National Oceanic and Atmospheric Administration Applications, hearings, determinations, etc.: PROPOSED RULES Santa Fe Pacific Gold Corporation, 25510–25511 International fisheries in U.S. Exclusive Economic Zone and on high seas; regulations consolidation, 25443– Substance Abuse and Mental Health Services 25475 Administration NOTICES NOTICES Meetings: Grant and cooperative agreement awards: Pacific Fishery Management Council, 25481 National Association of State Mental Health Program Permits: Directors, 25499–25500 Marine mammals, 25481

National Park Service Surface Mining Reclamation and Enforcement Office PROPOSED RULES NOTICES Boundary establishment, descriptions, etc.: Permanent program and abandoned mine land reclamation Big Thicket National Preserve, TX; Menard Creek plan submissions: Corridor Unit, 25505 North Dakota, 25425–25426 Environmental statements; availability, etc.: Oklahoma, 25426–25428 Santa Rosa Island, Channel Islands National Park, CA, 25505 Surface Transportation Board National Register of Historic Places: NOTICES Pending nominations, 25505–25506 Railroad operation, acquisition, construction, etc.: Coopersville & Marne Railway Co., 25511 National Telecommunications and Information Administration Transportation Department NOTICES See Federal Aviation Administration Grants and cooperative agreements; availability, etc.: See Surface Transportation Board Public telecommunications facilities planning and RULES construction program, 25528–25547 Americans with Disabilities Act; implementation: Accessibility guidelines— Nuclear Regulatory Commission Transportation for individuals with disabilities, 25409– NOTICES 25416 Agency information collection activities: Submission for OMB review; comment request, 25508– Treasury Department 25509 RULES Meetings; Sunshine Act, 25509 Tobacco products; sale and distribution restriction, 25396 Petitions; Director’s decisions: Maine Yankee Atomic Power Co., 25509–25510 United States Information Agency Regulatory guides; issuance, availability, and withdrawal, NOTICES 25510 Art objects; importation for exhibition: Applications, hearings, determinations, etc.: Masterpieces from the Palazzo Doria Pamphilj, Rome, Carolina Power & Light Co., 25509 25511–25512 Occupational Safety and Health Administration NOTICES Veterans Affairs Department Meetings: PROPOSED RULES Occupational Safety and Health National Advisory Medical benefits: Committee, 25507 Alcohol and drug dependence disorders; contract program; eligibility criteria, 25428–25429 Pension Benefit Guaranty Corporation NOTICES RULES Committees; establishment, renewal, termination, etc.: Single-employer and multiemployer plans: Structural Safety of Veterans Affairs Department Valuation of plan benefits, etc.— Facilities Advisory Committee, 25512 Interest rates and factors, etc; correction, 25513 Meetings: Scientific Review Board for Health Services Research and Public Health Service Development Service, 25512 See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Separate Parts In This Issue See Substance Abuse and Mental Health Services Administration Part II Labor Department, Federal Contract Compliance Programs Railroad Retirement Board Office, 25516–25526 RULES Public information availability; fee schedule, 25390 Part III Securities and Exchange Commission Commerce Department, National Telecommunications and NOTICES Information Administration, 25528–25547 Meetings; Sunshine Act, 25511 VI Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Contents

Reader Aids Electronic Bulletin Board Additional information, including a list of public laws, Free Electronic Bulletin Board service for Public Law telephone numbers, reminders, and finding aids, appears in numbers, Federal Register finding aids, and a list of the Reader Aids section at the end of this issue. documents on public inspection is available on 202–275– 1538 or 275–0920. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Contents VII

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.

9 CFR 50 CFR 130...... 25513 Proposed Rules: 246...... 25443 12 CFR 280...... 25443 229...... 25389 281...... 25443 282...... 25443 14 CFR 298...... 25443 Proposed Rules: 299...... 25443 39 (2 documents) ...... 25417, 300...... 25443 25418 301...... 25443 158...... 25420 371...... 25443 380...... 25443 695...... 25443 20 CFR 200...... 25390

21 CFR 2...... 25390 173...... 25392 176...... 25392 178...... 25395 Proposed Rules: 101...... 25421

29 CFR 2619...... 25513

30 CFR Proposed Rules: 202...... 25421 206...... 25421 211...... 25421 934...... 25425 936...... 25426

31 CFR 12...... 25396

38 CFR Proposed Rules: 17...... 25428

40 CFR 63...... 25397

41 CFR Proposed Rules: 60±1...... 25516 60±60...... 25516

42 CFR Proposed Rules: 84...... 25513

44 CFR 65 (3 documents) ...... 25400, 25402, 25403 67...... 25405 Proposed Rules: 67 (2 documents) ...... 25429, 25435

48 CFR 209...... 25408 242...... 25409 243...... 25408 Proposed Rules: 1515...... 25440 1552...... 25440

49 CFR 37...... 25409 38...... 25409 25389

Rules and Regulations Federal Register Vol. 61, No. 99

Tuesday, May 21, 1996

This section of the FEDERAL REGISTER regulation allow banks to place longer adjust their internal procedures for contains regulatory documents having general holds on nonlocal checks than on local assigning funds availability. For applicability and legal effect, most of which checks. A nonlocal check is one for example, beginning on October 15, are keyed to and codified in the Code of which the paying bank 2 is located in a 1996, checks deposited in the former Federal Regulations, which is published under different check-processing region than Jericho region will now be considered 50 titles pursuant to 44 U.S.C. 1510. the depositary bank. Regulation CC local checks in the East Rutherford The Code of Federal Regulations is sold by defines ‘‘check-processing region’’ as region (and vice versa). Banks that now the Superintendent of Documents. Prices of ‘‘the geographical area served by an distinguish between the Jericho and East new books are listed in the first FEDERAL office of a Federal Reserve Bank for Rutherford regions in assigning REGISTER issue of each week. purposes of its check-processing availability will need to realign their activities.’’ 3 Appendix A of Regulation internal operating systems to reflect the CC lists the Federal Reserve check- consolidation. FEDERAL RESERVE SYSTEM processing offices and the 4-digit Banks also need to reflect any routing number prefixes that are local to availability policy changes in their 12 CFR Part 229 each office. Appendix B of Regulation disclosures, as the availability for [Regulation CC; Docket No. R±0925] CC lists 4-digit routing number prefixes certain checks may be improved. to which reduced availability schedules Section 229.18(e) of Regulation CC Availability of Funds and Collection of apply in certain cases. provides that, in the case of an Checks Effective October 15, 1996, the availability policy change that expedites Federal Reserve Bank of New York will the availability of funds, a bank shall AGENCY: Board of Governors of the discontinue processing checks at its Federal Reserve System. send a notice of the change to holders Jericho office and will incorporate the of consumer accounts not later than 30 ACTION: Final rule; technical Jericho check-processing region into the days after implementation. amendment. East Rutherford check-processing The amendments adopted by the SUMMARY: The Board is publishing region. This consolidation is part of a Board are technical amendments that technical amendments to Appendices A larger effort by the Federal Reserve Bank reflect the realignment of Federal and B of Regulation CC. The of New York to achieve greater Reserve check-processing regions and amendments will conform the efficiency in its check operations by are required by the statutory and consolidating systems, equipment, and regulatory definitions of ‘‘check- Appendices to a realignment in Federal 4 Reserve check-processing regions by operations. Accordingly, the routing processing region.’’ Accordingly, 5 number list in Appendix A is being adding the routing numbers formerly U.S.C. 553(b), requiring public changed to reflect the Jericho-East assigned to the Jericho check-processing comment, does not apply. Rutherford consolidation. The reference region to the East Rutherford check- in Appendix B to routing numbers Final Regulatory Flexibility Analysis processing region in Appendix A, and formerly assigned to the Jericho office by eliminating the reference to routing The amendment will apply to all that were subject to a reduced numbers formerly assigned to the banks, regardless of size. There is no availability schedule for depositary Jericho office that were subject to a possible alternative rule for small banks, banks in the East Rutherford check- reduced availability schedule for as ‘‘check-processing region’’ is defined processing territory is also being depositary banks in the East Rutherford by the Expedited Funds Availability deleted, because those routing numbers Act, which applies to all banks. The check-processing territory in Appendix are now all ‘‘local’’ with respect to the B. amendment will affect only those banks East Rutherford check-processing in the current Jericho and East EFFECTIVE DATE: October 15, 1996. territory. Rutherford check-processing regions FOR FURTHER INFORMATION CONTACT: Although the substance of Regulation that distinguish between checks drawn Stephanie Martin, Senior Attorney (202/ CC will be unaffected by the on paying banks located in those two 452–3198), or Heatherun Allison, amendments to Appendices A and B, regions for purposes of assigning Attorney (202/452–3565), Legal the consolidation of check-processing availability. The Board expects that the Division. For the hearing impaired only: regions may require some banks to majority of small institutions located in Telecommunications Device for the those two regions will be unaffected by Deaf, Dorothea Thompson (202/452– 2 The paying bank is the bank by, at, or through the amendment. 3544). which a check is payable. The depositary bank is the first bank to which a check is transferred. List of Subjects in 12 CFR Part 229 SUPPLEMENTARY INFORMATION: The 3 12 CFR § 229.2(m). The Act’s definition is Board’s Regulation CC (12 CFR part 229) substantially similar (12 U.S.C. 4001(9)). Banks, banking, Federal Reserve implements the Expedited Funds 4 In 1992 the Federal Reserve Bank of New York System, Reporting and recordkeeping Availability Act (12 U.S.C. 4001 et seq.) transferred its head office check-processing requirements. 1 operations to its Jericho office. The Board made and requires banks to make funds corresponding changes to Appendix A of For the reasons set out in the deposited into transaction accounts Regulation CC at that time. 58 FR 2, January 4, preamble, 12 CFR part 229 is amended available for withdrawal within 1993. Similarly, the Federal Reserve Bank of New as follows: specified time frames. The Act and York in 1994 discontinued check-processing at its Buffalo office and incorporated the Buffalo check- processing region into the Utica check-processing PART 229Ð[AMENDED] 1 The term bank refers to any depository region. The Board made corresponding changes to institution, including commercial banks, savings Appendices A and B–2 at that time. 59 FR 48789, 1. The authority citation for part 229 institutions, and credit unions. September 23, 1994. continues to read as follows: 25390 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations

Authority: 12 U.S.C. 4001 et seq. The Board is authorized to charge for 2. Section 200.4 is amended by 2. In Appendix A to part 229, under such costs of reproduction and search revising paragraph (g)(2)(v) to read as the heading ‘‘SECOND FEDERAL time by section 12(d) of the Railroad follows: RESERVE DISTRICT,’’ the numbers Unemployment Insurance Act (45 U.S.C. 362(d)) which provides, in § 200.4 Availability of information to appearing directly under the subheading public. ‘‘Jericho Office’’ are transferred in pertinent part, that: * * * * * numerical order under the subheading ** * the Board may furnish such (g) * * * ‘‘East Rutherford Office’’, and the information to any person or organization (2) * * * subheading ‘‘Jericho Office’’ is removed. upon payment by such person or (v) All other requesters. For requesters 3. In Appendix B to part 229, the organization to the Board of the cost incurred who do not fall within the purview of entry for ‘‘East Rutherford’’ is removed. by the Board by reason thereof; and the amounts so paid to the Board shall be paragraphs (g)(2) (i), (ii), (iii), or (iv) of By order of the Board of Governors of the credited to the railroad unemployment this section, the RRB will charge the full Federal Reserve System, May 15, 1996. insurance administration fund established direct cost of searching for and William W. Wiles, pursuant to section 11(a) of this Act. reproducing records that are responsive Secretary of the Board. to the request. The RRB will not charge This provision is incorporated into the [FR Doc. 96–12683 Filed 5–20–96; 8:45 am] for such costs to be assessed if the total Railroad Retirement Act by section BILLING CODE 6210±01±P is less than $10.00. If the total is $10.00 7(b)(3) of that Act (45 U.S.C. 231f(b)(3)). or more, the RRB may waive the charge The Board has been receiving an or reduce it if it determines that RAILROAD RETIREMENT BOARD increasing number of genealogical disclosure of the information is in the requests (almost 700 for the first six public interest because it is likely to 20 CFR Part 200 months of 1995 compared with about contribute significantly to public 450 for the same period in 1994) with RIN 3220±AB19 understanding of the operations or a current estimated cost per request of activities of the government and is not Availability of Information to Public $16.00. The Board has determined that primarily in the commercial interest of it is more equitable that the costs for the requester. AGENCY: Railroad Retirement Board. provision of this information be borne * * * * * ACTION: Final rule. by the individuals who need the Dated: May 7, 1996. information, rather than the railroad By authority of the Board. SUMMARY: The Railroad Retirement industry as a whole. Accordingly, the For the Board. Board (Board) hereby amends its Board proposes to eliminate the regulations establishing fees to be exemption from charge for the first 100 Beatrice Ezerski, assessed in connection with the search pages of reproduction and the first two Secretary to the Board. for records and provision of documents hours of search time for requesters [FR Doc. 96–12737 Filed 5–20–96; 8:45 am] by the Board. The revision will covered by § 200.4(g)(2)(v). BILLING CODE 7905±01±P eliminate the exemption from charge for This rule was published as a proposed the first 100 pages of reproduction and rule on January 18, 1996, inviting the first two hours of search time for comments on or before March 18, 1996 DEPARTMENT OF HEALTH AND requesters of documents who are not (61 FR 1252). No comments were HUMAN SERVICES included within the specific categories received. provided in the regulations. Food and Drug Administration The Board, with the concurrence of EFFECTIVE DATE: May 21, 1996. the Office of Management and Budget, 21 CFR Part 2 ADDRESSES: Secretary to the Board, has determined that this is not a Railroad Retirement Board, 844 Rush significant regulatory action for [Docket No. 95P±0088] Street, Chicago, Illinois 60611. purposes of Executive Order 12866. Chlorofluorocarbon Propellants in FOR FURTHER INFORMATION CONTACT: Therefore, no regulatory impact analysis Michael C. Litt, Bureau of Law, Railroad Self-Pressurized Containers; Addition is required. There are no information to List of Essential Uses Retirement Board, 844 Rush Street, collections associated with this rule. Chicago, Illinois 60611, (312) 751–4929, AGENCY: Food and Drug Administration, TDD (312) 751–4701. List of Subjects in 20 CFR Part 200 HHS. SUPPLEMENTARY INFORMATION: Section Railroad employees, Railroad ACTION: Final rule. 200.4(g)(2)(v) of the Board’s regulations retirement, Railroad unemployment provides for fees to be assessed in insurance. SUMMARY: The Food and Drug connection with the production of Administration (FDA) has granted the documents for ‘‘All other requesters’’, For the reasons set out in the petition of Bryan Corp. (Bryan) to add i.e. those requesters who do not fall preamble, title 20, chapter II, part 200 of sterile aerosol talc to the list of products within other categories provided for in the Code of Federal Regulations is containing a chlorofluorocarbon (CFC) the regulation. Those other categories amended as follows: propellant for an essential use. Essential use products are exempt from FDA’s include requests by commercial users, PART 200ÐGENERAL ban on the use of CFC propellants in by educational and non-commercial ADMINISTRATION scientific institutions, by representatives FDA-regulated products and the of the news media, and by subjects of 1. The authority citation for part 200 Environmental Protection Agency’s records in Privacy Act Systems of continues to read as follows: (EPA’s) ban on the use of CFC’s in pressurized dispensers. This document Records. Currently § 200.4(g)(2)(v) Authority: 45 U.S.C. 231f(b)(5) and 45 provides that the Board does not charge U.S.C. 362; § 200.4 also issued under 5 U.S.C. amends FDA’s regulations governing ‘‘other requesters’’ for the first 100 pages 552; § 200.5 also issued under 5 U.S.C. 552a; use of CFC’s to include sterile aerosol of reproduction and the first two hours § 200.6 also issued under 5 U.S.C. 552b; and talc as an essential use. of search time. § 200.7 also issued under 31 U.S.C. 3717. EFFECTIVE DATE: June 4, 1996. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations 25391

FOR FURTHER INFORMATION CONTACT: the Clean Air Act (42 U.S.C. 7671(8)) use of the product would involve a Wayne H. Mitchell, Center for Drug defines ‘‘medical device’’ as any device limited release of CFC’s into the Evaluation and Research (HFD–7), Food (as defined in the Federal Food, Drug, atmosphere and the release is warranted and Drug Administration, 7500 Standish and Cosmetic Act), diagnostic product, by the health benefits of the product. Pl., Rockville, MD 20855, 301–594– drug (as defined in the Federal Food, Based on the evidence before it in the 1049. Drug, and Cosmetic Act), and drug petition and in Bryan’s new drug SUPPLEMENTARY INFORMATION: delivery system, if such device, product, application for the drug product, the drug, or drug delivery system uses a agency has determined that for many I. Background class I or class II ozone-depleting patients suffering from pleural In the Federal Register of March 1, substance for which no safe and effusions, the use of sterile aerosol talc 1996 (61 FR 8002), FDA published, in effective alternative has been developed provides a special benefit that would be response to a citizen petition submitted (and where necessary, approved by the unavailable without the use of CFC’s. by Bryan, a proposed rule to amend Commissioner of Food and Drugs (the FDA also agrees that the use of CFC’s for § 2.125 (21 CFR 2.125) to add sterile Commissioner)); and if such device, this product does not involve a aerosol talc administered intrapleurally product, drug, or drug delivery system significant release of CFC’s into the by thoracoscopy for human use to the has, after notice and opportunity for atmosphere. Therefore, FDA is list of products containing a CFC public comment, been approved and amending § 2.125(e) to include sterile propellant for an essential use. determined to be essential by the aerosol talc administered intrapleurally Under § 2.125 (21 CFR 2.125), any Commissioner in consultation with the by thoracoscopy for human use in the food, drug, device, or cosmetic in a self- Administrator of EPA (the list of essential uses of CFC propellants. pressurized container that contains a Administrator). Class I substances A copy of the proposed rule was CFC propellant for a nonessential use is include CFC’s, halons, carbon provided to the Administrator. adulterated, or misbranded, or both, tetrachloride, methyl chloroform, Interested persons were given 30 days to under the Federal Food, Drug, and methyl bromide, and other chemicals comment on the proposed rule. FDA Cosmetic Act. This prohibition is based not relevant to this document (see 40 received no comments on the proposed on scientific research indicating that CFR part 82, appendix A to subpart A). rule. CFC’s may reduce the amount of ozone Class II substances include Analysis of Impacts in the stratosphere and thereby increase hydrochlorofluorocarbons (HCFC’s) (see the amount of ultraviolet radiation 40 CFR part 82, appendix B to subpart FDA has examined the impacts of the reaching the earth. An increase in A). final rule under Executive Order 12866 ultraviolet radiation may increase the and the Regulatory Flexibility Act (Pub. incidence of skin cancer, change the II. Petition Received by FDA L. 96–354). Executive Order 12866 climate, and produce other adverse Bryan submitted a petition under directs agencies to assess all costs and effects of unknown magnitude on § 2.125(f) and 21 CFR part 10 requesting benefits of available regulatory humans, animals, and plants. Section an addition to the list of CFC uses alternatives and, when regulation is 2.125(d) exempts from the adulteration considered essential. The petition is on necessary, to select regulatory and misbranding provisions of file under the docket number appearing approaches that maximize net benefits § 2.125(c) certain products containing in the heading of this document and (including potential economic, CFC propellants that FDA determines may be seen in the Dockets Management environmental, public health and safety, provide unique health benefits that Branch (HFA–305), Food and Drug and other advantages; distributive would not be available without the use Administration, 12420 Parklawn Dr., impacts; and equity). The agency of a CFC. rm. 1–23, Rockville, MD 20857. The believes that this final rule is consistent These products are referred to in the petition requested that sterile aerosol with the regulatory philosophy and regulation as essential uses of CFC’s and talc be included in § 2.125(e) as an principles identified in the Executive are listed in § 2.125(e). Under § 2.125(f), essential use of CFC’s. The petition Order. In addition, the final rule is not any person may petition the agency to contained a discussion supporting the a significant regulatory action as defined request additions to the list of uses position that there are no technically by the Executive Order and so is not considered essential. To demonstrate feasible alternatives to the use of CFC’s subject to review under the Executive that the use of a CFC is essential, the in the product. It included information Order. petition must be supported by an showing that no alternative delivery The Regulatory Flexibility Act adequate showing that: (1) There are no systems (e.g., the pneumatic atomizer) requires agencies to analyze regulatory technically feasible alternatives to the can assure consistent sterility. The options that would minimize any use of a CFC in the product; (2) the petition also stated that Bryan is significant impact of a rule on small product provides a substantial health, unaware of any appropriate substitute entities. Because the agency is not aware environmental, or other public benefit propellants (e.g., compressed gases). of any adverse impact this final rule will unobtainable without the use of the Also, the petition stated that the product have on any small entities, the agency CFC; and (3) the use does not involve a provides a substantial health benefit certifies that the final rule will not have significant release of CFC’s into the that would not be obtainable without a significant economic impact on a atmosphere or, if it does, the release is the use of CFC’s. In this regard, the substantial number of small entities. warranted by the consequence if the use petition contained information to Therefore, under the Regulatory were not permitted. support the use of this product in the Flexibility Act, no further analysis is EPA regulations implementing treatment of malignant pleural required. provisions of the Clean Air Act contain effusions, a condition in which fluid a general ban on the use of CFC’s in accumulates in the space between the List of Subjects in 21 CFR Part 2 pressurized dispensers (40 CFR 82.64(c) outside surface of the lung and the Administrative practice and and 82.66(d)). These regulations exempt inside surface of the chest wall (pleural procedure, Cosmetics, Devices, Drugs, from the general ban ‘‘medical devices’’ cavity) as a result of involvement by an Foods. that FDA considers essential and that underlying cancer. The petition also Therefore, under the Federal Food, are listed in § 2.125(e). Section 601(8) of provided information indicating that Drug, and Cosmetic Act and under 25392 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations authority delegated to the Commissioner and Drug Administration, 200 C St. SW., arachidonic acid)’’ is corrected to read of Food and Drugs, 21 CFR part 2 is Washington, DC 20204–0001, 202–418– ‘‘linoleic and linolenic acid)’’, and in amended as follows: 3074. the same paragraph, in line 11, ‘‘levels In FR Doc. 95–5275, appearing on 7 to 10 times’’ is corrected to read PART 2ÐGENERAL ADMINISTRATIVE page 11899 in the Federal Register of ‘‘levels 8 to 22 times’’. RULINGS AND DECISIONS Friday, March 3, 1995, the following 9. On page 11900, in the first column, corrections are made: in the second full paragraph, in line 4, 1. The authority citation for 21 CFR 1. On page 11899, in the second part 2 continues to read as follows: ‘‘measurable’’ is corrected to read column, in the first full paragraph, ‘‘significant’’. Authority: Secs. 201, 301, 305, 402, 408, beginning in line 8, ‘‘reaction of 10. On page 11900, in the first 409, 501, 502, 505, 507, 512, 601, 701, 702, chlorine with sodium chlorite’’ is 704 of the Federal Food, Drug, and Cosmetic column, in the third full paragraph, in corrected to read ‘‘oxidation of sodium line 6, ‘‘no’’ is corrected to read Act (21 U.S.C. 321, 331, 335, 342, 346a, 348, chlorite’’; in the same paragraph, 351, 352, 355, 357, 360b, 361, 371, 372, 374); ‘‘negligible’’. beginning in line 10, ‘‘acidification of 15 U.S.C. 402, 409. 11. On page 11900, in the third sodium chlorite’’ is corrected to read column, Ref. 1a is added to read ‘‘1a. 2. Section 2.125 is amended by ‘‘disproportionation of sodium chlorite U.S. patent No. 4,247,531.’’, and Ref. 6 adding new paragraph (e)(15) to read as in the presence of acids (Ref. 1).’’; and is corrected to read ‘‘6. CRC Handbook follows: in the same paragraph, beginning in line of Chemistry and Physics, 71st ed., 16, ‘‘(Ref. 1).’’ is corrected to read ‘‘Ref. § 2.125 Use of chlorofluorocarbon 1990–1991, David R. Lide, Editor-in- 1a).’’ propellants in self-pressurized containers. Chief, CRC Press, Boca Raton, FL. See 2. On page 11899, in the second * * * * * Table of Electrochemical Potentials (re column, in the second full paragraph, in (e) * * * chlorite and chlorate), sections 8–16.’’ line 5, ‘‘of chlorine’’ is corrected to read (15) Sterile aerosol talc administered ‘‘with chlorine’’. Dated: May 14, 1996. intrapleurally by thoracoscopy for 3. On page 11899, in the second William K. Hubbard, human use. column, in the fourth full paragraph, in Associate Commissioner for Policy * * * * * the 4th line from the bottom, ‘‘studies’’ Coordination. Dated: May 15, 1996. is corrected to read ‘‘safety studies’’ and [FR Doc. 96–12757 Filed 5–20–96; 8:45 am] William K. Hubbard, in the 3rd line from the bottom BILLING CODE 4160±01±F Associate Commissioner for Policy ‘‘petitioner were’’ is corrected to read Coordination. ‘‘petitioner on poultry were’’. [FR Doc. 96–12758 Filed 5–21–96; 8:45 am] 4. On page 11899, in the third 21 CFR Part 176 column, in the first paragraph, in line 3, BILLING CODE 4160±01±F ‘‘3 ppm’’ is corrected to read ‘‘100 ppm’’. [Docket No. 92F±0313] 5. On page 11899, in the third 21 CFR Part 173 Indirect Food Additives: Paper and column, in the first paragraph, Paperboard Components [Docket No. 93F±0483] beginning in line 5 and ending in line 21, ‘‘These data show that organic * * Secondary Direct Food Additives AGENCY: Food and Drug Administration, * in drinking water.)’’ is corrected to HHS. Permitted in Food for Human read ‘‘These data show that comparable Consumption; Correction trace levels of chloroform and ACTION: Final rule. AGENCY: Food and Drug Administration, dichloromethane were detected in both SUMMARY: The Food and Drug HHS. untreated and chlorine dioxide-treated poultry process water and that chlorine Administration (FDA) is amending the ACTION: Final rule; correction. dioxide treatment did not appear to food additive regulations to provide for contribute to their formation.’’ the safe use of diethanolamine as a SUMMARY: The Food and Drug 6. On page 11899, in the third boiler water additive in paper mill Administration (FDA) is correcting the column, in the first paragraph, in line boilers used in the manufacture of paper final rule that appeared in the Federal 23, ‘‘20’’ is corrected to read ‘‘100’’, and and paperboard intended for use in Register of March 3, 1995 (60 FR beginning in line 24, ‘‘no mutagenic’’ is contact with aqueous and fatty food. 11899). The document amended the corrected to read ‘‘negligible This action is in response to a food food additive regulations to provide for mutagenic’’. additive petition filed by Betz the safe use of chlorine dioxide to 7. On page 11899, in the third Laboratories, Inc. control the microbial population in column, in the third paragraph, DATES: Effective May 21, 1996; written poultry process water. The document beginning in line 8, ‘‘(No chlorite or was published with some errors. This objections and requests for a hearing by chlorate could * * * for the method June 20, 1996. document corrects those errors. used).’’ is removed. Additionally, the agency is revising (Note: The finding of no significant ADDRESSES: Submit written objections to some of the discussion in the preamble residues of chlorite and chlorate was not the Dockets Management Branch (HFA– for clarification. These changes are not based on chemical analysis. The agency 305), Food and Drug Administration, substantive and do not affect the determined that any residues of chlorite 12420 Parklawn Dr., rm 1–23, Rockville, agency’s conclusion regarding the use of and chlorate remaining on poultry MD 20857. chlorine dioxide in poultry process would be converted to chloride (a major FOR FURTHER INFORMATION CONTACT: water. The codified regulation remains component of table salt) during Diane E. Robertson, Center for Food unchanged. cooking.) Safety and Applied Nutrition (HFS– FOR FURTHER INFORMATION CONTACT: 8. On page 11900, in the first column, 216), Food and Drug Administration, Robert L. Martin, Center for Food Safety in the first full paragraph, beginning in 200 C St. SW., Washington, DC 20204, and Applied Nutrition (HFS–217), Food line 3, ‘‘linoleic, linolenic, and 202–418–3089. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations 25393

SUPPLEMENTARY INFORMATION: III. Safety of Petitioned Use of the 10-14, or 6.9 in 100 trillion (Ref. 5). I. Background Additive Because of the numerous conservative FDA estimates that the petitioned use assumptions used in calculating the In a notice published in the Federal of the additive, diethanolamine, will exposure estimate, the actual lifetime- Register of September 14, 1992 (57 FR result in exposure to no greater than 5 averaged individual exposure to 1,4- 41944), FDA announced that a food parts per billion (ppb) of the additive in dioxane is expected to be substantially additive petition (FAP 2B4329) had the daily diet (3 kilograms (kg)) or an less than the worst-case exposure, and been filed by Betz Laboratories, Inc., estimated daily intake (EDI) of 15 therefore, the upper-bound limit of risk would be less. Thus, the agency 4636 Somerton Rd., Trevose, PA 19053– micrograms per person per day (µ/ concludes that there is a reasonable 6783. The petition proposed to amend person/day) (Ref. 1) and that the certainty that no harm from exposure to the food additive regulations in cumulative dietary concentration of the 1,4-dioxane would result from the § 176.170 Components of paper and additive from all regulated uses is proposed use of the additive. paperboard in contact with aqueous and conservatively 58 ppb in the daily diet fatty foods (21 CFR 176.170) to provide or an EDI of 170 µ/person/day. B. Ethylene Oxide for the safe use of diethanolamine as a FDA does not ordinarily consider FDA has estimated the hypothetical boiler water additive in paper mill chronic toxicological studies to be boilers. worst-case exposure to ethylene oxide necessary to determine the safety of an from the petitioned use of the additive In its evaluation of the safety of this additive whose use will result in such additive, FDA has reviewed the safety of in the manufacture of paper to be 0.6 low exposure levels (Ref. 2), and the ppq of the daily diet (3 kg), or 2 pg/ the additive itself and the chemical agency has not required such testing impurities that may be present in the person/day (Ref. 3). The agency used here. However, the agency has reviewed data from a carcinogenesis bioassay on additive resulting from its the available toxicological data on the manufacturing process. Although the ethylene oxide conducted for the additive and concludes that a small Institute of Hygiene, University of additive itself has not been shown to increase in dietary exposure is safe. Mainz, Germany to estimate the upper- cause cancer, it may contain minute FDA has evaluated the safety of this bound limit of lifetime human risk from amounts of 1,4-dioxane and ethylene additive under the general safety clause, exposure to ethylene oxide resulting oxide, which are carcinogenic considering all available data and using from the proposed use of the additive impurities, resulting from the risk assessment procedures to estimate (Ref. 6). The results of the bioassay on manufacture of the additive. Residual the upper-bound limit of risk presented ethylene oxide demonstrated that the amounts of reactants and manufacturing by 1,4-dioxane and ethylene oxide, material was carcinogenic for female aids, such as 1,4-dioxane and ethylene carcinogenic chemicals that may be rats under the conditions of the study. oxide, are commonly found as present as impurities in the additive. The test material caused significantly contaminants in chemical products, This risk evaluation of 1,4-dioxane and increased incidence of squamous cell including food additives. ethylene oxide has two aspects: (1) carcinomas of the forestomach and II. Determination of Safety Assessment of the worst-case exposure carcinomas in situ of the glandular to these impurities from the proposed stomach. Under the so-called ‘‘general safety use of the additive; and (2) extrapolation Based on the estimated worst-case clause’’ of the Federal Food, Drug, and of the risk observed in the animal exposure to ethylene oxide of 2 pg/ Cosmetic Act (the act) (21 U.S.C. bioassays to the conditions of probable person/day, FDA estimates that the 348(c)(3)(A)),’’ a food additive cannot be exposure to humans. upper-bound limit of lifetime human approved for a particular use unless a A. 1,4-Dioxane risk from the use of the subject additive fair evaluation of the data available to is 3.7 x 10-12, or 3.7 in 1 trillion (Ref. FDA establishes that the additive is safe FDA has estimated the hypothetical 5). Because of the numerous for that use. FDA’s food additive worst-case exposure to 1,4-dioxane from conservative assumptions used in regulations (21 CFR 170.3(i)) define safe the petitioned use of the additive in the calculating the exposure estimate, actual as ‘‘a reasonable certainty in the minds manufacture of paper to be 0.6 part per lifetime-averaged individual exposure to of competent scientists that the quadrillion (ppq) of the daily diet (3 kg), ethylene oxide is likely to be substance is not harmful under the or 2 picograms (pg)/person/day (Ref. 3). substantially less than the worst-case intended conditions of use.’’ The agency used data from a exposure, and therefore, the upper- The food additives anticancer, or carcinogenesis bioassay on 1,4-dioxane bound limit of risk would be less. Thus, Delaney, clause of the act (21 U.S.C. conducted by the National Cancer the agency concludes that there is a 348(c)(3)(A)) provides that no food Institute (Ref. 4), to estimate the upper- reasonable certainty that no harm from additive shall be deemed safe if it is bound limit of lifetime human risk from exposure to ethylene oxide would result found to induce cancer when ingested exposure to this chemical resulting from from the proposed use of the additive. by man or animal. Importantly, the proposed use of the additive (Ref. 4). however, the Delaney clause applies to The results of the bioassay on 1,4- C. Need for Specifications the additive itself and not to the dioxane demonstrated that the material The agency has also considered impurities in the additive. That is, was carcinogenic for female rats under whether specifications are necessary to where an additive itself has not been the conditions of the study. The test control the amount of 1,4-dioxane and shown to cause cancer, but contains a material caused significantly increased ethylene oxide present as impurities in carcinogenic impurity, the additive is incidence of squamous cell carcinomas the additive. The agency finds that properly evaluated under the general and hepatocellular tumors in female specifications are not necessary for the safety clause using risk assessment rats. following reasons: (1) Because of the procedures to determine whether there Based on the estimated worst-case low level at which 1,4-dioxane and is a reasonable certainty that no harm exposure to 1,4-dioxane of 2 pg/person/ ethylene oxide may be expected to will result from the proposed use of the day, FDA estimates that the upper- remain as impurities following additive, Scott v. FDA, 728 F.2d 322 bound limit of lifetime human risk from production of the additive, the agency (6th Cir. 1984). the use of the subject additive is 6.9 x would not expect these impurities to 25394 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations become components of food at other VI. Objections 2. Kokoski, C. J., ‘‘Regulatory Food Additive Toxicology,’’ in Chemical Safety than extremely small levels; and (2) the Any person who will be adversely upper-bound limits of lifetime risk from Regulation and Compliance, edited by F. affected by this regulation may at any Homburger and J. K. Marquis, S. Karger, New exposure to these impurities, even time on or before June 20,1996, file with under worst-case assumptions, are very York, NY, pp. 24–33, 1985. the Dockets Management Branch 3. Memorandum dated April 28, 1994, low, less than 6.9 in 100 trillion for 1,4- (address above) written objections from the Chemistry Review Branch (HFS– dioxane and less than 3.7 in 1 trillion thereto. Each objection shall be 247) to the Indirect Additives Branch (HFS– for ethylene oxide, respectively. separately numbered, and each 216) concerning ‘‘FAP 2B4329 (MATS No. IV. Conclusion numbered objection shall specify with 654; M 2.4): Diethanolamine. Paper mill particularity the provisions of the boiler additive. Betz Laboratories-Submission FDA has evaluated the data in the regulation to which objection is made of 4/8/94.’’ petition and other relevant material and 4. ‘‘Bioassay of 1,4-Dioxane for Possible concludes that the proposed use of the and the grounds for the objection. Each Carcinogenicity,’’ National Cancer Institute, additive in paper mill boilers used in numbered objection on which a hearing NCI–CG–TR–80, 1978. the manufacture of paper and is requested shall specifically so state. 5. Memorandum, Report of the paperboard products intended for use in Failure to request a hearing for any Quantitative Risk Assessment Committee, contact with aqueous and fatty food is particular objection shall constitute a October 28, 1994. waiver of the right to a hearing on that 6. Dunkelberg, H., ‘‘Carcinogenicity of safe. Based on this information, the Ethylene Oxide and 1,2-Propylene Oxide agency has also concluded that the objection. Each numbered objection for which a hearing is requested shall Upon Intragastric Administration to Rats,’’ additive will have the intended British Journal of Cancer, 46:924, 1982. technical effect. Therefore, § 176.170 include a detailed description and should be amended as set forth below. analysis of the specific factual List of Subjects in 21 CFR Part 176 information intended to be presented in In accordance with § 171.1(h) (21 CFR Food additives, Food packaging. 171.1(h)), the petition and the support of the objection in the event Therefore, under the Federal Food, documents that FDA considered and that a hearing is held. Failure to include Drug, and Cosmetic Act and under relied upon in reaching its decision to such a description and analysis for any approve the petition are available for particular objection shall constitute a authority delegated to the Commissioner inspection at the Center for Food Safety waiver of the right to a hearing on the of Food and Drugs, 21 CFR part 176 is and Applied Nutrition by appointment objection. Three copies of all documents amended as follows: shall be submitted and shall be with the information contact person PART 176ÐINDIRECT FOOD identified with the docket number listed above. As provided in 21 CFR ADDITIVES: PAPER AND found in brackets in the heading of this 171.1(h), the agency will delete from the PAPERBOARD COMPONENTS documents any materials that are not document. Any objections received in available for public disclosure before response to the regulation may be seen 1. The authority citation for 21 CFR making the documents available for in the Dockets Management Branch part 176 continues to read as follows: inspection. between 9 a.m. and 4 p.m., Monday through Friday. Authority: Secs. 201, 402, 406, 409, 721 of V. Environmental Impact the Federal Food, Drug, and Cosmetic Act (21 VII. References U.S.C. 321, 342, 346, 348, 379e). The agency has carefully considered the potential environmental effects of The following references have been 2. Section 176.170 is amended in the this action. FDA has concluded that the placed on display in the Dockets table in paragraph (a)(5) by revising the action will not have a significant impact Management Branch (address above) entry for ‘‘Diethanolamine’’ under the on the human environment, and that an and may be seen by interested persons heading ‘‘Limitations’’ to read as environmental impact statement is not between 9 a.m. and 4 p.m., Monday follows: required. The agency’s finding of no through Friday. significant impact and the evidence 1. Memorandum dated September 8, 1993, § 176.170 Components of paper and supporting that finding, contained in an from the Chemistry Review Branch (HFS– paperboard in contact with aqueous and 247), to the Indirect Additives Branch (HFS– fatty foods. environmental assessment, may be seen 216) concerning ‘‘FAP 2B4329 (MATS No. * * * * * in the Dockets Management Branch 654; M 2.1). Submission of 6/5/92; Betz (address above) between 9 a.m. and 4 Laboratories. Diethanolamine in papermill (a) * * * p.m., Monday through Friday. boilers.’’ (5) * * *

List of Substances Limitations

******* Diethanolamine ...... For use only: 1. As an adjuvant to control pulp absorbency and pitch content in the manufacture of paper and paperboard prior to the sheet-forming operation. 2. In paper mill boilers. ******* Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations 25395

* * * * * FDA is listing the additive in § 178.3860 this action. FDA has concluded that the Dated: May 15, 1996. Release agents. action will not have a significant impact FDA has evaluated data in the William K. Hubbard, on the human environment, and that an petition and other relevant material. The environmental impact statement is not Associate Commissioner for Policy agency concludes that the proposed use Coordination. required. The agency’s finding of no of the additive is safe and that the significant impact and the evidence [FR Doc. 96–12762 Filed 5–20–96; 8:45 am] regulations in § 178.3860 should be supporting that finding, contained in an BILLING CODE 4160±01±F amended as set forth below. environmental assessment, may be seen FDA’s review of the petition indicates in the Dockets Management Branch that the additive may contain trace 21 CFR Part 178 (address above) between 9 a.m. and 4 amounts of formaldehyde as an p.m., Monday through Friday. [Docket No. 93F±0385] impurity. The potential carcinogenicity of formaldehyde was reviewed by the Any person who will be adversely Indirect Food Additives: Adjuvants, Cancer Assessment Committee (the affected by this regulation may at any Production Aids, and Sanitizers Committee) of FDA’s Center for Food time on or before June 20, 1996, file Safety and Applied Nutrition. The with the Dockets Management Branch AGENCY: Food and Drug Administration, (address above) written objections HHS. Committee noted that for many years, formaldehyde has been known to be a thereto. Each objection shall be ACTION: Final rule. carcinogen by the inhalation route, but separately numbered, and each numbered objection shall specify with SUMMARY: The Food and Drug it concluded that these inhalation particularity the provisions of the Administration (FDA) is amending the studies are not appropriate for assessing regulation to which objection is made food additive regulations to provide for the potential carcinogenicity of and the grounds for the objection. Each the safe use of formaldehyde, polymer formaldehyde in food. The Committee’s numbered objection on which a hearing with 1-naphthylenol, as a release agent, conclusion was based on the fact that is requested shall specifically so state. applied on the internal parts of reactors the route of administration (inhalation) Failure to request a hearing for any employed in the production of is not relevant to the safety of particular objection shall constitute a polyvinyl chloride and acrylic formaldehyde residues in food and the waiver of the right to a hearing on that copolymers intended for food-contact fact that tumors were observed only objection. Each numbered objection for applications. This action is in response locally at the portal of entry (nasal which a hearing is requested shall to a petition filed by Compagnia Italiana turbinates). In addition, the agency has include a detailed description and di Ricerca e Sviluppo, srl (CIRS). received literature reports of two analysis of the specific factual DATES: Effective May 21, 1996; written drinking water studies on formaldehyde: (1) A preliminary report information intended to be presented in objections and requests for a hearing by support of the objection in the event June 20, 1996. of a carcinogenicity study purported to be positive by Soffritti et al. (1989), that a hearing is held. Failure to include ADDRESSES: Submit written objections to conducted in Bologna, Italy (Ref. 1); and such a description and analysis for any the Dockets Management Branch (HFA– (2) a negative study by Til et al. (1989), particular objection shall constitute a 305), Food and Drug Administration, conducted in The Netherlands (Ref. 2). waiver of the right to a hearing on the 12420 Parklawn Dr., rm. 1–23, The Committee reviewed both studies objection. Three copies of all documents Rockville, MD 20857. and concluded that data concerning the shall be submitted and shall be FOR FURTHER INFORMATION CONTACT: Vir Soffritti study reported, ‘‘* * * were identified with the docket number D. Anand, Center for Food Safety and unreliable and could not be used in the found in brackets in the heading of this Applied Nutrition (HFS–216), Food and assessment of the oral carcinogenicity of document. Any objections received in Drug Administration, 200 C St. SW., formaldehyde’’ (Ref. 3). This conclusion response to the regulation may be seen Washington, DC 20204, 202–418–3081. is based on a lack of critical details in in the Dockets Management Branch SUPPLEMENTARY INFORMATION: In a notice the study, questionable between 9 a.m. and 4 p.m., Monday published in the Federal Register of histopathological conclusions, and the through Friday. November 18, 1993 (58 FR 60859), FDA use of unusual nomenclature to describe References announced that a food additive petition the tumors. Based on the Committee’s (FAP 3B4380) had been filed by evaluation, the agency has determined The following references have been Compagnia Italiana di Ricerca e that there is no basis to conclude that placed on display in the Dockets Sviluppo, srl (CIRS), formaldehyde is a carcinogen when Management Branch (address above) c/o AAC Consulting Group, 1730 Rhode ingested. and may be seen by interested persons Island Ave. NW., Washington, DC In accordance with § 171.1(h) (21 CFR between 9 a.m. and 4 p.m., Monday 20036. The petition proposed to amend 171.1(h)), the petition and the through Friday. the food additive regulations in part 178 documents that FDA considered and 1. Soffritti, M., F. Maltoni, and R. Biagi, (21 CFR part 178) to provide for the safe relied upon in reaching its decision to ‘‘Formaldehyde: An Experimental use of formaldehyde, polymer with 1- approve the petition are available for Multipotential Carcinogen,’’ Toxicology and naphthylenol, as an antiscaling agent, inspection at the Center for Food Safety Industrial Health, vol. 5, No. 5:699–730, applied on the internal parts of reactors and Applied Nutrition by appointment 1989. employed in the production of with the information contact person 2. Til, H. P., R. A. Woutersen, V. J. Feron, polyvinyl chloride and acrylic listed above. As provided in 21 CFR V. H. M. Hollanders, H. E. Falke, and J. J. copolymers intended for food-contact 171.1(h), the agency will delete from the Clary, ‘‘Two-Year Drinking Water Study of applications. During its review, the documents any materials that are not Formaldehyde in Rats,’’ Food Chemical agency determined that the use of the available for public disclosure before Toxicology, vol. 27, No. 2, pp. 77–87, 1989. additive as an antiscaling agent has making the documents available for 3. Memorandum of conference concerning essentially the same technical effect as inspection. ‘‘formaldehyde;’’ meeting of the Cancer that of a release agent. This final rule The agency has carefully considered Assessment Committee, FDA; April 24, 1991, reflects this conclusion and therefore the potential environmental effects of and March 4, 1993. 25396 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations

List of Subjects in 21 CFR Part 178 PART 178ÐINDIRECT FOOD 2. Section 178.3860 is amended in the ADDITIVES: ADJUVANTS, table in paragraph (b) by alphabetically Food additives, Food packaging. PRODUCTION AIDS, AND SANITIZERS adding a new entry under the headings Therefore, under the Federal Food, ‘‘List of substances’’ and ‘‘Limitations’’ Drug, and Cosmetic Act and under 1. The authority citation for 21 CFR to read as follows: authority delegated to the Commissioner part 178 continues to read as follows: § 178.3860 Release agents. of Food and Drugs, 21 CFR part 178 is Authority: Secs. 201, 402, 409, 721 of the amended as follows: Federal Food, Drug, and Cosmetic Act (21 * * * * * U.S.C. 321, 342, 348, 379e). (b) * * *

List of substances Limitations

******* Formaldehyde, polymer with 1-naphthylenol (CAS Reg. No. 25359±91± For use only as an antiscaling or release agent, applied on the internal 5). parts of reactors employed in the production of polyvinyl chloride and acrylic copolymers, provided that the residual levels of the addi- tive in the polymer do not exceed 4 parts per million. *******

Dated: May 15, 1996. Regulatory Flexibility Act does not tobacco, smokeless tobacco, snuff, and William K. Hubbard, apply. chewing tobacco. Associate Commissioner for Policy List of Subjects in 31 CFR Part 12 Coordination. § 12.3 Sale of tobacco products in vending machines prohibited. [FR Doc. 96–12761 Filed 5–20–96; 8:45 am] Concessions, Federal buildings and BILLING CODE 4160±01±F facilities, Vending machines. The sale of tobacco products in For the reasons set forth in the vending machines located in or around preamble, 31 CFR part 12 is added as any Federal building under the follows: jurisdiction of the Secretary of the DEPARTMENT OF THE TREASURY Treasury is prohibited, except in areas PART 12ÐRESTRICTION OF SALE designated pursuant to § 12.5 of this Departmental Offices AND DISTRIBUTION OF TOBACCO part. PRODUCTS 31 CFR Part 12 § 12.4 Distribution of free samples of Sec. tobacco products prohibited. Sale and Distribution of Tobacco 12.1 Purpose. Products 12.2 Definitions. The distribution of free samples of 12.3 Sale of tobacco products in vending tobacco products in or around any AGENCY: Departmental Offices, machines prohibited. Department of the Treasury. 12.4 Distribution of free samples of tobacco Federal building under the jurisdiction ACTION: Final rule. products prohibited. of the Secretary of the Treasury is 12.5 Prohibitions not applicable in areas prohibited, except in areas designated SUMMARY: Section 636 of the Department designated by the Secretary of the pursuant to § 12.5 of this part. of the Treasury’s Appropriations Act, Treasury. Pub. L. 104–52, requires the Secretary of Authority: Sec. 636, Pub. L. 104–52, 109 § 12.5 Prohibitions not applicable in areas the Treasury to promulgate regulations Stat. 507. designated by the Secretary of the Treasury. that restrict the sale of tobacco products § 12.1 Purpose. in vending machines and the The prohibitions set forth in this part distribution of free samples of tobacco This part contains regulations shall not apply in areas designated by products in any Federal building under implementing the ‘‘Prohibition of the Secretary as exempt from the Cigarette Sales to Minors in Federal the jurisdiction of the Secretary of the prohibitions, but all designated areas Buildings Act,’’ Public Law 104–52, Treasury. Section 636 permits the must prohibit the presence of minors. Section 636, with respect to buildings Secretary to designate areas not subject George Mun˜ oz, to these prohibitions, if such areas also under the jurisdiction of the Department prohibit the presence of minors. of the Treasury. Assistant Secretary for Management and Chief Financial Officer. EFFECTIVE DATE: May 21, 1996. § 12.2 Definitions. [FR Doc. 96–12273 Filed 5–20–96; 8:45 am] FOR FURTHER INFORMATION CONTACT: As used in this part— BILLING CODE 4810±25±P Robert T. Harper, (202) 622–0500. (1) the term Federal building under SUPPLEMENTARY INFORMATION: The the jurisdiction of the Secretary of the Department of the Treasury has Treasury includes the real property on determined that this rule is not a which such building is located; significant regulatory action for the (2) the term minor means an purposes of Executive Order 12866. individual under the age of 18 years; Pursuant to 5 U.S.C. sec. 553(a)(2), this and rule is not required to be published for (3) the term tobacco product means notice and comment. Therefore, the cigarettes, cigars, little cigars, pipe Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations 25397

ENVIRONMENTAL PROTECTION Director of the Federal Register as of technology for dry cleaning facilities in AGENCY June 20, 1996. place of 40 CFR 63.325. ADDRESSES: Copies of CARB’s requests On October 17, 1995, EPA announced 40 CFR Part 63 for approval are available for public in the Federal Register (see 60 FR [FRL±5444±6] inspection at the following locations: 53728) its receipt of CARB’s requests U.S. Environmental Protection Agency, and the availability for the public to State of California; Approval of Section Region IX, Rulemaking Section (A–5– comment on CARB’s application. This 112(l) Authority for Hazardous Air 3), Air and Toxics Division, 75 announcement included a detailed Pollutants; Perchloroethylene Air Hawthorne Street, San Francisco, discussion of the background and Emission Standards for Dry Cleaning California 94105–3901. format of CARB’s application. Facilities California Air Resources Board, II. Summary of Public Comments AGENCY: Environmental Protection Stationary Source Division, 2020 ‘‘L’’ EPA received letters from four Agency (EPA). Street, P.O. Box 2815, Sacramento, commenters regarding CARB’s requests. ACTION: Final rule. California 95812–2815. All four commenters were in favor of U.S. Environmental Protection Agency, granting California the authority to SUMMARY: The California Air Resources Air and Radiation Docket and implement and enforce its dry cleaning Board (CARB) requested approval, Information Center (Mail Code 6102), ATCM in place of the dry cleaning under section 112(l) of the Clean Air Act 401 M Street SW, Washington, D.C. NESHAP. One commenter also believed (CAA), to implement and enforce 20460. California’s ‘‘Airborne Toxic Control that California has adequate authorities FOR FURTHER INFORMATION CONTACT: Measure for Emissions of Mae and resources to implement and enforce Perchloroethylene from Dry Cleaning Wang, Rulemaking Section (A–5–3), Air all CAA section 112 programs and rules. Operations’’ (dry cleaning ATCM) in and Toxics Division, U.S. Comments regarding CARB’s place of the ‘‘National Environmental Protection Agency, supplemental request for the authority Perchloroethylene Air Emission Region IX, 75 Hawthorne Street, San to determine equivalency of control Standards for Dry Cleaning Facilities’’ Francisco, California 94105–3901, (415) technology for dry cleaning facilities is (dry cleaning NESHAP) for area sources. 744–1200. discussed in section III.A.3 below. In addition, to streamline the approval SUPPLEMENTARY INFORMATION: III. EPA Action process for future CAA section 112(l) applications, CARB also requested I. Background A. California’s Dry Cleaning ATCM approval of its demonstration that On September 22, 1993, the Under CAA section 112(l), EPA may California has adequate authorities and Environmental Protection Agency (EPA) approve State rules or programs to be resources to implement and enforce all promulgated the National Emission implemented and enforced in place of CAA section 112 programs and rules, Standards for Hazardous Air Pollutants certain otherwise applicable CAA with the exception of the accidental (NESHAP) for perchloroethylene dry section 112 Federal rules, emission release prevention program to be cleaning facilities (see 58 FR 49354), standards, or requirements. The Federal promulgated pursuant to CAA section which has been codified in 40 CFR Part regulations governing EPA’s approval of 112(r). The Environmental Protection 63, Subpart M, ‘‘National State rules or programs under section Agency (EPA) has reviewed CARB’s Perchloroethylene Air Emission 112(l) are located at 40 CFR Part 63, requests for approval and has found that Standards for Dry Cleaning Facilities’’ Subpart E (see 58 FR 62262, dated these requests satisfy all of the (dry cleaning NESHAP). On July 10, November 26, 1993). Under these requirements necessary to qualify for 1995, EPA received the California Air regulations, a State has the option to approval, with the exception of CARB’s Resources Board’s (CARB) request for request EPA’s approval to substitute a supplemental request for the authority approval to implement and enforce State rule for the applicable Federal to determine equivalent emission section 93109 of Title 17 of the rule. Upon approval, the State is given control technology for dry cleaning California Code of Regulations, the authority to implement and enforce facilities. Thus, EPA is hereby granting ‘‘Airborne Toxic Control Measure for its rule in place of the otherwise California the authority to implement Emissions of Perchloroethylene from applicable Federal rule. To receive EPA and enforce its dry cleaning ATCM in Dry Cleaning Operations’’ (dry cleaning approval using this option, the place of the dry cleaning NESHAP, ATCM), in place of the dry cleaning requirements of 40 CFR 63.91 and 63.93 except for those provisions of the dry NESHAP for area sources. As part of its must be met. cleaning NESHAP that apply to major dry cleaning ATCM application, CARB After reviewing CARB’s request for sources; disapproving CARB’s also requested approval of its approval of its dry cleaning ATCM, EPA supplemental request for approval of the demonstration that California has has determined that CARB’s request authority to determine equivalent adequate authorities and resources to meets all the requirements necessary to emission control technology for dry implement and enforce all Clean Air Act qualify for approval under CAA section cleaning facilities; and approving (CAA) section 112 programs and rules, 112(l) and 40 CFR 63.91 and 63.93. CARB’s demonstration that California with the exception of the accidental Accordingly, with the exception of the has adequate authorities and resources release prevention program to be dry cleaning NESHAP provisions to implement and enforce all CAA promulgated pursuant to CAA section discussed in sections III.A.2 and III.A.3 section 112 programs and rules, with 112(r). The purpose of this below, California is granted the the exception of the accidental release demonstration is to streamline the authority to implement and enforce its prevention program to be promulgated approval process for future CAA section dry cleaning ATCM in place of the dry pursuant to CAA section 112(r). 112(l) applications. Finally, as a cleaning NESHAP. Although California EFFECTIVE DATE: This action is effective supplement to its request for approval of now has primary implementation and on June 20, 1996. The incorporation by the dry cleaning ATCM, CARB also enforcement responsibility, EPA retains reference of certain publications listed requested approval of the authority to the right, pursuant to CAA section in the regulations is approved by the determine equivalent emission control 112(l)(7), to enforce any applicable 25398 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations emission standard or requirement under While one commenter was in favor of opportunity for comment, from EPA CAA section 112. As of the effective EPA delegating this authority to before using such alternative means of date of this final notice, the dry cleaning California, another commenter, who emission limitation for the purpose of ATCM is the Federally-enforceable also supported such delegation, complying with CAA section 112. standard in California and is enforceable believed that EPA should retain some B. California’s Authorities and by the Administrator and citizens under authority for the equivalency Resources To Implement and Enforce the CAA. determination to provide a minimum CAA Section 112 Standards amount of consistency among the 1. Stringency various State programs; otherwise, Any request for approval under CAA When a State requests EPA’s approval according to this commenter, section 112(l) must meet the approval to substitute a State rule for the manufacturers of alternative criteria in 112(l)(5) and 40 CFR Part 63, applicable CAA section 112 Federal technologies may have to seek approval Subpart E. To streamline the approval rule, EPA is required to make a detailed from a number of State authorities in process for future applications, a State and thorough evaluation of the State’s order to develop a national market for may submit a one-time demonstration submittal to ensure that it meets the their equipment. In its response to this that it has adequate authorities and stringency and other requirements of 40 latter comment, CARB stated that the resources to implement and enforce any CFR 63.93. During its evaluation of the authority to approve alternative CAA section 112 standards. If such dry cleaning ATCM, EPA noted that equipment relates solely to alternative demonstration is approved, then the several provisions of the dry cleaning equipment offered for sale to the State would no longer need to resubmit NESHAP did not directly correlate with California perchloroethylene dry a demonstration of these same provisions of the dry cleaning ATCM, cleaning industry. According to CARB, authorities and resources for every including some of the equipment nationwide consistency will be subsequent request for delegation of installation compliance deadlines and maintained for any equipment offered CAA section 112 standards. However, some of the reporting and recordkeeping for sale both in California and other EPA maintains the authority to requirements. On the other hand, EPA States because EPA would continue to withdraw its approval if the State does also noted that many aspects of the dry approve that alternative equipment not adequately implement or enforce an cleaning ATCM afford greater overall under the dry cleaning NESHAP; if approved rule or program. emission reductions than the dry other States receive this authority, then As part of its dry cleaning ATCM cleaning NESHAP. In the final analysis, the manufacturers of alternative application, CARB also requested EPA believes that approval of the dry equipment who wish to target approval of its demonstration that cleaning ATCM will result in emission nationwide sales may have to design California has adequate authorities and reductions from each affected source alternative technologies that meet the resources to implement and enforce all that are no less stringent than would most stringent standard, whether it is a CAA section 112 programs and rules, result from the dry cleaning NESHAP. State or Federal standard. with the exception of the accidental EPA is disapproving CARB’s release prevention program to be 2. Major Dry Cleaning Sources supplemental request based on the promulgated pursuant to CAA section Under the dry cleaning NESHAP, dry statutory language of CAA section 112(r). After reviewing CARB’s cleaning facilities are divided between 112(h)(3). This disapproval, however, is demonstration of California’s authorities major sources and area sources. CARB’s limited only to those provisions within and resources, EPA is approving this request for approval included only those the dry cleaning ATCM (i.e., sections demonstration as meeting the approval provisions of the dry cleaning NESHAP 93109(a)(17); 93109(g)(3)(A)(5); criteria of 40 CFR 63.91(b) (1), (3), and that apply to area sources. Thus, dry 93109(g)(3)(B)(2)(iii); and 93109(h)) that (6). Although this approval will not cleaning facilities that are major allow for the use of alternative emission result in delegation of the CAA section sources, as defined by the dry cleaning control technology without previous 112 standards, it will obviate the need NESHAP, remain subject to the dry approval from EPA under CAA section for CARB to resubmit a demonstration cleaning NESHAP and the CAA Title V 112(h)(3) and 40 CFR 63.325. of these same authorities and resources operating permit program. The delegation of authority to for every subsequent request for determine equivalent emission control 3. Authority to Determine Equivalent delegation of CAA section 112 technology was discussed in EPA’s Emission Control Technology for Dry standards, regardless of whether CARB notice of final rulemaking, ‘‘Approval of Cleaning Facilities requests approval of rules that are State Programs and Delegation of identical to or differ from the CAA Under the dry cleaning NESHAP, any Federal Authorities,’’ published on section 112 standards as promulgated. person may petition the EPA November 26, 1993 (see 58 FR 62262). Since the above demonstration is also Administrator for a determination that In that notice, it was concluded that required under 40 CFR Part 70, EPA will the use of certain equipment or ‘‘EPA does not delegate authority to evaluate this demonstration as it applies procedures is equivalent to the determine equivalency of emission to Part 70 sources when it evaluates the standards contained in the dry cleaning control technologies to the States * ** Part 70 program applications submitted NESHAP (see 40 CFR 63.325). As a because these determinations require by the California air pollution control or supplement to its request for approval of notice and opportunity for comment air quality management districts. the dry cleaning ATCM, CARB also and impact National [sic] consistency requested approval of the authority to standards.’’ 58 FR 62279. While States 1. Penalty Authorities determine equivalent emission control may develop procedures for alternative As part of its request for approval, technology for dry cleaning facilities. control technology demonstrations and CARB submitted a finding by This supplement included the following make their own equivalency California’s Attorney General stating sections of the dry cleaning ATCM that determinations under State law, a that ‘‘State law provides civil and CARB requested to be approved in place source seeking permission to use an criminal enforcement authority of 40 CFR 63.325: sections 93109(a)(17); alternative means of emission limitation consistent with [40 CFR] 63.91(b)(1)(i), 93109(g)(3)(A)(5); 93109(g)(3)(B)(2)(iii); under CAA section 112(h)(3) must also 63.91(b)(6)(i), and 70.11, including and 93109(h). receive approval, after notice and authority to recover penalties and fines Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations 25399 in a maximum amount of not less than before using such alternative means of Dated: March 1, 1996. $10,000 per day per violation * * *.’’ emission limitation for the purpose of Felicia Marcus, [emphasis added]. In accordance with complying with CAA section 112. Regional Administrator. this finding, EPA understands that the IV. Administrative Requirements Title 40, chapter I, part 63 of the Code California Attorney General interprets of Federal Regulations is amended as section 39674 and the applicable A. Unfunded Mandates Reform Act follows: sections of Division 26, Part 4, Chapter Under sections 202, 203, and 205 of 4, Article 3 (‘‘Penalties’’) of the PART 63Ð[AMENDED] California Health and Safety Code as the Unfunded Mandates Reform Act of allowing the collection of penalties for 1995, EPA must undertake various 1. The authority citation for Part 63 multiple violations per day. In addition, actions in association with proposed or continues to read as follows: EPA also understands that the California final rules that include a Federal Authority: 42 U.S.C. 7401, et seq. Attorney General interprets section mandate that may result in estimated costs of $100 million or more to the 2. Section 63.14 is amended by 42400(c)(2) of the California Health and adding paragraph (d) to read as follows: Safety Code as allowing for, among private sector or to State, local, or tribal other things, criminal penalties for governments in the aggregate. § 63.14 Incorporation by Reference. knowingly rendering inaccurate any The rule being approved by this * * * * * monitoring method required by a toxic action will impose no new requirements (d) State and Local Requirements. The air contaminant rule, regulation, or because affected sources are already materials listed below are available at permit. subject to these regulations under State the Air and Radiation Docket and As stated in section III.A above, EPA law. Therefore, no additional costs to Information Center, U.S. EPA, 401 M retains the right, pursuant to CAA State, local, or tribal governments or to Street, SW., Washington, DC. section 112(l)(7), to enforce any the private sector result from this action. (1) California Regulatory applicable emission standard or EPA has also determined that this final Requirements Applicable to the Air requirement under CAA section 112, determination does not include a Toxics Program, March 1, 1996, IBR including the authority to seek civil and mandate that may result in estimated approved for § 63.99(a)(5)(ii) of subpart criminal penalties up to the maximum costs of $100 million or more to State, E of this part. amounts specified in CAA section 113. local, or tribal governments in the (2) [Reserved] aggregate or to the private sector. 2. Variances Subpart EÐApproval of State Division 26, Part 4, Chapter 4, Articles B. Regulatory Flexibility Act Programs and Delegation of Federal 2 and 2.5 of the California Health and Under the Regulatory Flexibility Act, Authorities Safety Code provide for the granting of 5 U.S.C. section 600 et seq., EPA must 3. Subpart E is amended by reserving variances under certain circumstances. prepare a regulatory flexibility analysis §§ 63.97 and 63.98; and by adding EPA regards these provisions as wholly assessing the impact of any proposed or § 63.99 to read as follows: external to CARB’s requests for approval final rule on small entities. 5 U.S.C. to implement and enforce CAA section sections 603 and 604. Alternatively, § 63.97 [Reserved] 112 programs or rules and, EPA may certify that the rule will not § 63.98 [Reserved] consequently, is proposing to take no have a significant economic impact on action on these provisions of State law. a substantial number of small entities. § 63.99 Delegated Federal Authorities. EPA has no authority to approve Small entities include small businesses, (a) This section lists the specific provisions of State or local law, such as small not-for-profit enterprises, and source categories that have been the variance provisions referred to, that government entities with jurisdiction delegated to the air pollution control are inconsistent with the CAA. EPA over populations of less than 50,000. agencies in each State under the does not recognize the ability of a State Approvals under 40 CFR 63.93 do not procedures described in this subpart. or local agency who has received (1)–(4) [Reserved] delegation of a CAA section 112 create any new requirements, but simply approve requirements that the (5) California program or rule to grant relief from the (i) [Reserved] State is already imposing. Therefore, duty to comply with such Federally- (ii) Affected sources must comply because this approval does not impose enforceable program or rule, except with the California Regulatory any new requirements, it does not have where such relief is granted in Requirements Applicable to the Air a significant impact on affected small accordance with procedures allowed Toxics Program, March 1, 1996 entities. under CAA section 112. As stated (incorporated by reference as specified above, EPA retains the right, pursuant to C. Executive Order 12866 in § 63.14) as described below. CAA section 112(l)(7), to enforce any (A) The material incorporated in applicable emission standard or The Office of Management and Budget Chapter 1 of the California Regulatory requirement under CAA section 112. has exempted this regulatory action Requirements Applicable to the Air Similarly, section 39666(f) of the from Executive Order 12866 review. Toxics Program pertains to the California Health and Safety Code List of Subjects in 40 CFR Part 63 perchloroethylene dry cleaning source allows local agencies to approve category, and has been approved under alternative methods from those required Environmental protection, the procedures in § 63.93 to be in the ATCMs, but only as long as such Administrative practice and procedure, implemented and enforced in place of approvals are consistent with the CAA. Air pollution control, Hazardous Subpart M—National Perchloroethylene As mentioned in section III.A.3 above, substances, Intergovernmental relations, Air Emission Standards for Dry a source seeking permission to use an Incorporation by reference, Reporting Cleaning Facilities, as it applies to area alternative means of emission limitation and recordkeeping requirements. sources only, as defined in § 63.320(h). under CAA section 112 must also Authority: This action is issued under the (1) Authorities not delegated. receive approval, after notice and authority of Section 112 of the Clean Air Act, (i) California is not delegated the opportunity for comment, from EPA as amended, 42 U.S.C. Section 7412. Administrator’s authority to implement 25400 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations and enforce those provisions of Subpart elevations may be changed during the National Environmental Policy Act M which apply to major sources, as 90-day period. This rule is categorically excluded defined in § 63.320(g). Dry cleaning ADDRESSES: The modified base flood from the requirements of 44 CFR Part facilities which are major sources elevations for each community are 10, Environmental Consideration. No remain subject to Subpart M. available for inspection at the office of environmental impact assessment has (ii) California is not delegated the the Chief Executive Officer of each been prepared. Administrator’s authority of § 63.325 to community. The respective addresses determine equivalency of emissions are listed in the table below. Regulatory Flexibility Act control technologies. Any source FOR FURTHER INFORMATION CONTACT: seeking permission to use an alternative The Acting Associate Director for Michael K. Buckley, P.E., Chief, Hazard Mitigation certifies that this rule is means of emission limitation, under Identification Branch, Mitigation sections 93109(a)(17), 93109(g)(3)(A)(5), exempt from the requirements of the Directorate, 500 C Street, SW., Regulatory Flexibility Act because 93109(g)(3)(B)(2)(iii), and 93109(h) of Washington, DC 20472, (202) 646–2756. the California Airborne Toxic Control modified base flood elevations are SUPPLEMENTARY INFORMATION: The required by the Flood Disaster Measure, must also receive approval modified base flood elevations are not from the Administrator before using Protection Act of 1973, 42 U.S.C. 4105, listed for each community in this and are required to maintain community such alternative means of emission interim rule. However, the address of limitation for the purpose of complying eligibility in the NFIP. No regulatory the Chief Executive Officer of the flexibility analysis has been prepared. with section 112. community where the modified base [FR Doc. 96–12475 Filed 5–20–96; 8:45 am] flood elevation determinations are Regulatory Classification available for inspection is provided. BILLING CODE 6560±50±W This interim rule is not a significant Any request for reconsideration must regulatory action under the criteria of be based on knowledge of changed Section 3(f) of Executive Order 12866 of conditions or new scientific or technical September 30, 1993, Regulatory FEDERAL EMERGENCY data. MANAGEMENT AGENCY The modifications are made pursuant Planning and Review, 58 FR 51735. 44 CFR Part 65 to Section 201 of the Flood Disaster Executive Order 12612, Federalism Protection Act of 1973, 42 U.S.C. 4105, [Docket No. FEMA±7180] and are in accordance with the National This rule involves no policies that Flood Insurance Act of 1968, 42 U.S.C. have federalism implications under Changes in Flood Elevation 4001 et seq., and with 44 CFR Part 65. Executive Order 12612, Federalism, Determinations For rating purposes, the currently dated October 26, 1987. effective community number is shown AGENCY: Federal Emergency Executive Order 12778, Civil Justice and must be used for all new policies Reform Management Agency (FEMA). and renewals. ACTION: Interim rule. The modified base flood elevations This rule meets the applicable are the basis for the floodplain standards of Section 2(b)(2) of Executive SUMMARY: This interim rule lists management measures that the Order 12778. communities where modification of the community is required to either adopt List of Subjects in 44 CFR Part 65 base (1% annual chance) flood or to show evidence of being already in elevations is appropriate because of new effect in order to qualify or to remain Flood insurance, Floodplains, scientific or technical data. New flood qualified for participation in the Reporting and recordkeeping insurance premium rates will be National Flood Insurance Program requirements. calculated from the modified base flood (NFIP). Accordingly, 44 CFR Part 65 is elevations for new buildings and their These modified elevations, together amended to read as follows: contents. with the floodplain management criteria DATES: These modified base flood required by 44 CFR 60.3, are the PART 65Ð[AMENDED] elevations are currently in effect on the minimum that are required. They dates listed in the table below and should not be construed to mean that 1. The authority citation for Part 65 revise the Flood Insurance Rate Map(s) the community must change any continues to read as follows: in effect prior to this determination for existing ordinances that are more Authority: 42 U.S.C. 4001 et seq.; the listed communities. stringent in their floodplain Reorganization Plan No. 3 of 1978, 3 CFR, From the date of the second management requirements. The 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, publication of these changes in a community may at any time enact 3 CFR, 1979 Comp., p. 376. newspaper of local circulation, any stricter requirements of its own, or person has ninety (90) days in which to pursuant to policies established by other § 65.4 [Amended] request through the community that the Federal, State, or regional entities. 2. The tables published under the Acting Associate Director for Mitigation The changes in base flood elevations authority of § 65.4 are amended as reconsider the changes. The modified are in accordance with 44 CFR 65.4. follows:

Dates and name of news- State and county Location paper where notice was Chief executive officer Effective date of modi- Community published of community fication No.

Arizona: Pima ...... City of Tucson ...... Mar. 21, 1996, Mar. 28, The Honorable George Feb. 22, 1996 ...... 040076 1996, Arizona Daily Star. Miller, Mayor, City of Tucson, P.O. Box 27210, Tucson, Ari- zona 85710±7210. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations 25401

Dates and name of news- State and county Location paper where notice was Chief executive officer Effective date of modi- Community published of community fication No.

Colorado: Summit ...... Unincorporated areas Mar. 6, 1996, Mar. 13, The Honorable Marsha Feb. 8, 1996 ...... 080290 1996, Summit County Osborn, Chairperson, Journal. Summit County Board of Commissioners, P.O. Box 68, Breck- enridge, Colorado 80424. Kansas: Johnson ...... City of Olathe ...... Mar. 20, 1996, Mar. 27, The Honorable Larry Feb. 23, 1996 ...... 200173 1996, Johnson County Campbell, Mayor, Sun. City of Olathe, P.O. Box 768, Olathe, Kansas 66051±0768. Johnson ...... City of Overland Park Mar. 20, 1996, Mar. 27, The Honorable Ed Feb. 23, 1996 ...... 200174 1996, Johnson County Eilert, Mayor, City of Sun. Overland Park, P.O. Box 168, Overland Park, Kansas 66212. Sedgwick ...... Unincorporated areas Mar. 1, 1996, Mar. 8, The Honorable Mark Feb. 12, 1996 ...... 200321 1996, Daily Reporter. Schroeder, Chairman, Board of County Commissioners, Sedgwick County, 525 North Main Street, Suite 320, Wichita, Kansas 67203. Maryland: Montgomery City of Gaithersburg .... Mar. 20, 1996, Mar. 27, The Honorable W. Ed- Feb. 27, 1996 ...... 240050 1996, Gaithersburg Ga- ward Bohrer, Jr., zette. Mayor, City of Gaithersburg, 31 South Summit Ave- nue, Gaithersburg, Maryland 20877± 2098. Montana: Fergus ...... Town of Denton ...... Mar. 20, 1996, Mar. 27, The Honorable Robert Feb. 23, 1996 ...... 300020 1996, Lewistown News- Patterson, Mayor, Argus. Town of Denton, Of- fice of the Town Clerk, Denton, Mon- tana 59430. Oklahoma: Canadian City of Oklahoma City Mar. 13, 1996, Mar. 20, The Honorable Ronald Feb. 26, 1996 ...... 405378 1996, Journal Record. J. Norick, Mayor, City of Oklahoma City, 200 North Walker Av- enue, Oklahoma City, Oklahoma 73102. Texas: Travis ...... City of Austin ...... Mar. 13, 1996, Mar. 20, The Honorable Bruce Jan. 19, 1996 ...... 480624 1996, Williamson Coun- Todd, Mayor, City of ty Sun. Austin, P.O. Box 1088, Austin, Texas 78767. Tarrant ...... City of Bedford ...... Mar. 22, 1996, Mar. 29, The Honorable Rick D. Mar. 5, 1996 ...... 480585 1996, Fort Worth Star- Hurt, Mayor, City of Telegram. Bedford, P.O. Box 157, Bedford, Texas 76095±0157. El Paso ...... City of El Paso ...... Mar. 7, 1996, Mar. 14, The Honorable Larry Feb. 16, 1996 ...... 480214 1996, El Paso Times. Francis, Mayor, City of El Paso, Two Civic Center Plaza, El Paso, Texas 79901± 1196. Bexar, Comal, and City of Schertz ...... Mar. 7, 1996, Mar. 14, The Honorable Earl W. Feb. 14, 1996 ...... 480269 Guadalupe. 1996, Herald News- Sawyer, Mayor, City paper. of Schertz, P.O. Drawer I, Schertz, Texas 78154. 25402 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations

Dates and name of news- State and county Location paper where notice was Chief executive officer Effective date of modi- Community published of community fication No.

Smith ...... City of Tyler ...... Mar. 21, 1996, Mar. 28, The Honorable Smith T. Feb. 20, 1996 ...... 480571 1996, Tyler Morning Reynolds, Jr., Mayor, Telegraph. City of Tyler, P.O. Box 2039, Tyler, Texas 75710±2039. Williamson ...... Unincorporated areas Mar. 13, 1996, Mar. 20, The Honorable John Jan. 19, 1996 ...... 481079 1996, Williamson Coun- Doerfler, Williamson ty Sun. County Judge, Williamson County Courthouse, 710 Main Street, George- town, Texas 78626.

(Catalog of Federal Domestic Assistance No. Directorate, 500 C Street, SW., environmental impact assessment has 83.100, ‘‘Flood Insurance.’’) Washington, DC 20472, (202) 646–2756. been prepared. Dated: May 13, 1996. SUPPLEMENTARY INFORMATION: The Regulatory Flexibility Act Richard W. Krimm, modified base flood elevations are not Acting Associate Director for Mitigation. listed for each community in this The Acting Associate Director, [FR Doc. 96–12718 Filed 5–20–96; 8:45 am] interim rule. However, the address of Mitigation Directorate, certifies that this BILLING CODE 6718±04±P the Chief Executive Officer of the rule is exempt from the requirements of community where the modified base the Regulatory Flexibility Act because flood elevation determinations are modified base flood elevations are 44 CFR Part 65 available for inspection is provided. required by the Flood Disaster Any request for reconsideration must [Docket No. FEMA±7178] Protection Act of 1973, 42 U.S.C. 4105, be based upon knowledge of changed and are required to maintain community Changes in Flood Elevation conditions, or upon new scientific or eligibility in the National Flood Determinations technical data. Insurance Program. No regulatory The modifications are made pursuant flexibility analysis has been prepared. AGENCY: Federal Emergency to section 201 of the Flood Disaster Management Agency, FEMA. Protection Act of 1973, 42 U.S.C. 4105, Regulatory Classification and are in accordance with the National ACTION: Interim rule. This interim rule is not a significant Flood Insurance Act of 1968, 42 U.S.C. regulatory action under the criteria of SUMMARY: This interim rule lists 4001 et seq., and with 44 CFR part 65. communities where modification of the For rating purposes, the currently section 3(f) of Executive Order 12866 of base (1% annual chance) flood effective community number is shown September 30, 1993, Regulatory elevations is appropriate because of new and must be used for all new policies Planning and Review, 58 FR 51735. scientific or technical data. New flood and renewals. Executive Order 12612, Federalism insurance premium rates will be The modified base flood elevations calculated from the modified base flood are the basis for the floodplain This rule involves no policies that elevations for new buildings and their management measures that the have federalism implications under contents. community is required to either adopt Executive Order 12612, Federalism, DATES: These modified base flood or to show evidence of being already in dated October 26, 1987. elevations are currently in effect on the effect in order to qualify or to remain Executive Order 12778, Civil Justice dates listed in the table and revise the qualified for participation in the Reform Flood Insurance Rate Map(s) (FIRMs) in National Flood Insurance Program. effect prior to this determination for These modified elevations, together This rule meets the applicable each listed community. with the floodplain management criteria standards of section 2(b)(2) of Executive From the date of the second required by 44 CFR 60.3, are the Order 12778. minimum that are required. They publication of these changes in a List of Subjects in 44 CFR Part 65 newspaper of local circulation, any should not be construed to mean that the community must change any person has ninety (90) days in which to Flood insurance, Floodplains, existing ordinances that are more request through the community that the Reporting and recordkeeping stringent in their floodplain Acting Associate Director reconsider the requirements. changes. The modified elevations may management requirements. The be changed during the 90-day period. community may at any time enact Accordingly, 44 CFR part 65 is stricter requirements of its own, or amended to read as follows: ADDRESSES: The modified base flood pursuant to policies established by other elevations for each community are Federal, state or regional entities. PART 65Ð[AMENDED] available for inspection at the office of The changes in base flood elevations the Chief Executive Officer of each are in accordance with 44 CFR 65.4. 1. The authority citation for part 65 community. The respective addresses continues to read as follows: are listed in the following table. National Environmental Policy Act Authority: 42 U.S.C. 4001 et seq.; FOR FURTHER INFORMATION CONTACT: This rule is categorically excluded Reorganization Plan No. 3 of 1978, 3 CFR, Michael K. Buckley, P.E., Chief, Hazard from the requirements of 44 CFR Part 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Identification Branch, Mitigation 10, Environmental Consideration. No 3 CFR, 1979 Comp., p. 376. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations 25403

§ 65.4 [Amended] 2. The tables published under the authority of § 65.4 are amended as follows:

Dates and name of news- State and county Location paper where notice was Chief executive officer Effective date of modi- Community published of community fication No.

Florida: Lake ...... Unincorporated areas Mar. 26, 1996, Apr. 2, Ms. Sue Whittle, Lake Mar. 18, 1996 ...... 120421 B 1996 The Lake Sentinel. County Manager, P.O. Box 7800, Tavares, Florida 32778. Georgia: Bryan ...... Unincorporated areas Mar. 27, 1996, Apr. 3, Mr. Thomas Bacon, Mar. 19, 1996 ...... 130016 A 1996, Richmond Hill- Chairman of the Bryan County News. Bryan County Board of Commissioners, P.O. Box 430, Pem- broke, Georgia 31321. Illinois: McHenry Coun- Lake-In-The-Hills (Vil- Mar. 15, 1996, Mar. 22, Ms. Christine Mar. 7, 1996 ...... 170481 C ty. lage). 1996, The Northwest Thornrose, President Herald. of the Village of Lake- In-The-Hills, 1115 Crystal Lake Road, Lake-In-The-Hills, Illi- nois 60102. Indiana: Lake ...... Schererville (town) ...... Mar 27, 1996, Apr. 3, Mr. Stephen Z. Kil, July 2, 1996 ...... 180142 B 1996, Post-Tribune. Manager of the Town of Schererville, 833 West Lincoln High- way, Schererville, In- diana 46375. New Jersey: Union ...... Roselle (borough) ...... Apr. 11, 1996, Apr. 18, The Honorable Joseph April 2, 1996 ...... 340472 A 1996, Roselle Spectator. L. Picaro, Mayor of the Borough of Ro- selle, 210 Chestnut Street, Roselle, New Jersey 07203. North Carolina: Dare ... Unincorporated areas Apr. 2, 1996, Apr. 9, 1996, Mr. Robert V. Owens, Mar. 25, 1996 ...... 375348 E The Coastal Times. Chairman of the Dare County Board of Commissioners, P.O. Box 1000, Manteo, North Carolina 27954. Puerto Rico ...... Commonwealth ...... Mar. 19, 1996, Mar. 25, Ms. Norma N. Burgos- Sept. 13, 1996 ...... 720000 C 1996, El Nuevo Dia. Andujar, Chairwoman of the Puerto Rico Planning Board, Minillas Station, P.O. Box 41119, San Juan, Puerto Rico 00940±9985.

(Catalog of Federal Domestic Assistance No. SUMMARY: Modified base (1% annual community. The respective addresses 83.100, ‘‘Flood Insurance.’’) chance) flood elevations are finalized are listed in the following table. Dated: May 13, 1996. for the communities listed below. These FOR FURTHER INFORMATION CONTACT: Richard W. Krimm, modified elevations will be used to Michael K. Buckley, P.E., Chief, Hazard Acting Associate Director for Mitigation. calculate flood insurance premium rates Identification Branch, Mitigation [FR Doc. 96–12716 Filed 5–20–96; 8:45 am] for new buildings and their contents. Directorate, 500 C Street, SW., BILLING CODE 6718±03±P EFFECTIVE DATES: The effective dates for Washington, DC 20472, (202) 646–2756. these modified base flood elevations are SUPPLEMENTARY INFORMATION: The 44 CFR Part 65 indicated on the following table and Federal Emergency Management Agency revise the Flood Insurance Rate Map(s) makes the final determinations listed Changes in Flood Elevation (FIRMs) in effect for each listed below of modified base flood elevations Determinations community prior to this date. for each community listed. These modified elevations have been ADDRESSES: The modified base flood AGENCY: Federal Emergency published in newspapers of local Management Agency, FEMA. elevations for each community are circulation and ninety (90) days have available for inspection at the office of elapsed since that publication. The ACTION: Final rule. the Chief Executive Officer of each Acting Associate Director has resolved 25404 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations any appeals resulting from this community may at any time enact section 3(f) of Executive Order 12866 of notification. stricter requirements of its own, or September 30, 1993, Regulatory The modified base flood elevations pursuant to policies established by other Planning and Review, 58 FR 51735. are not listed for each community in Federal, state or regional entities. Executive Order 12612 Federalism this notice. However, this rule includes These modified elevations are used to the address of the Chief Executive meet the floodplain management This rule involves no policies that Officer of the community where the requirements of the NFIP and are also have federalism implications under modified base flood elevation used to calculate the appropriate flood Executive Order 12612, Federalism, determinations are available for insurance premium rates for new dated October 26, 1987. inspection. buildings built after these elevations are The modifications are made pursuant made final, and for the contents in these Executive Order 12778, Civil Justice to section 206 of the Flood Disaster buildings. The changes in base flood Reform Protection Act of 1973, 42 U.S.C. 4105, elevations are in accordance with 44 CFR 65.4. This rule meets the applicable and are in accordance with the National standards of section 2(b)(2) of Executive Flood Insurance Act of 1968, 42 U.S.C. National Environmental Policy Act Order 12778. 4001 et seq., and with 44 CFR part 65. This rule is categorically excluded For rating purposes, the currently List of Subjects in 44 CFR Part 65 from the requirements of 44 CFR Part effective community number is shown 10, Environmental Consideration. No and must be used for all new policies Flood insurance, Floodplains, environmental impact assessment has and renewals. Reporting and recordkeeping been prepared. The modified base flood elevations requirements. are the basis for the floodplain Regulatory Flexibility Act Accordingly, 44 CFR part 65 is management measures that the The Acting Associate Director, amended to read as follows: community is required to either adopt Mitigation Directorate, certifies that this or to show evidence of being already in rule is exempt from the requirements of PART 65Ð[AMENDED] effect in order to qualify or to remain the Regulatory Flexibility Act because qualified for participation in the modified base flood elevations are 1. The authority citation for part 65 National Flood Insurance Program. required by the Flood Disaster continues to read as follows: These modified elevations, together Protection Act of 1973, 42 U.S.C. 4105, Authority: 42 U.S.C. 4001 et seq.; with the floodplain management criteria and are required to maintain community Reorganization Plan No. 3 of 1978, 3 CFR, required by 44 CFR 60.3, are the eligibility in the National Flood 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, minimum that are required. They Insurance Program. No regulatory 3 CFR, 1979 Comp., p. 376. should not be construed to mean that flexibility analysis has been prepared. § 65.4 [Amended] the community must change any existing ordinances that are more Regulatory Classification 2. The tables published under the stringent in their floodplain This final rule is not a significant authority of § 65.4 are amended as management requirements. The regulatory action under the criteria of follows:

Dates and name of news- State and county Location paper where notice was Chief executive officer Effective date of modi- Community published of community fication No.

Georgia: Cobb (FEMA City of Marietta ...... Dec. 1, 1995, Dec. 8, The Honorable Ansley Oct. 23, 1995 ...... 130226F Docket No. 7169). 1995, Marietta Daily Meaders, Mayor of Journal. the City of Marietta, P.O. Box 609, Mari- etta, Georgia 30061. Indiana: Hamilton (FEMA City of Carmel ...... Nov. 8, 1995, Nov. 15, The Honorable James Oct. 31, 1995 ...... 180081 Docket No. 1995, Carmel News Brainard, Mayor of 7169). Tribune. the City of Carmel, One Civic Square, Carmel, Indiana 46032. Johnson (FEMA Unincorporated areas Oct. 18, 1995, Oct. 25, Mr. Joseph Dettart, Jan. 23, 1996 ...... 180111C Docket No. 1995, Daily Journal. Chairman of the 7165). Johnson County Board of Commis- sioners, 86 West Court Street, Court- house Annex, Frank- lin, Indiana 46131. New Jersey: Bergen Borough of Rockleigh Oct. 18, 1995, Oct. 25, The Honorable Roberta Oct. 13, 1995 ...... 340071F (FEMA Docket No. 1995, The Record. Adams, Mayor of the 7165). Borough of Rockleigh, 26 Rockleigh Road, Rockleigh, New Jer- sey 07647. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations 25405

Dates and name of news- State and county Location paper where notice was Chief executive officer Effective date of modi- Community published of community fication No.

Pennsylvania: Clinton Borough of Flemington Nov. 21, 1995, Nov. 28, Mr. Gerry Yanneralla, Nov. 13, 1995 ...... 420326B (FEMA Docket No. 1995, The Lock Haven President of the 7169). Express. Flemington Borough Council, 126 High Street, Flemington, Pennsylvania 17745. Wisconsin: Juneau Unincorporated areas June 1, 1995, June 8, Mr. James Barrett, May 25, 1995 ...... 550580C (FEMA Docket No. 1995, Juneau County President of the Ju- 7165). Star Times. neau County Board, 220 State Street, Ju- neau, Wisconsin 53948.

(Catalog of Federal Domestic Assistance No. SUPPLEMENTARY INFORMATION: The final or modified base flood elevations 83.100, ‘‘Flood Insurance.’’) Federal Emergency Management Agency are required by the Flood Disaster Dated: May 13, 1996. (FEMA or Agency) makes final Protection Act of 1973, 42 U.S.C. 4104, Richard W. Krimm, determinations listed below of base and are required to establish and Acting Associate Director for Mitigation. flood elevations and modified base maintain community eligibility in the [FR Doc. 96–12715 Filed 5–20–96; 8:45 am] flood elevations for each community National Flood Insurance Program. No BILLING CODE 6718±03±P listed. The proposed base flood regulatory flexibility analysis has been elevations and proposed modified base prepared. flood elevations were published in Regulatory Classification 44 CFR Part 67 newspapers of local circulation and an opportunity for the community or This final rule is not a significant Final Flood Elevation Determinations individuals to appeal the proposed regulatory action under the criteria of determinations to or through the section 3(f) of Executive Order 12866 of AGENCY: Federal Emergency community was provided for a period of Management Agency (FEMA). September 30, 1993, Regulatory ninety (90) days. The proposed base Planning and Review, 58 FR 51735. ACTION: Final rule. flood elevations and proposed modified base flood elevations were also Executive Order 12612, Federalism SUMMARY: Base (1% annual chance) published in the Federal Register. flood elevations and modified base This final rule is issued in accordance This rule involves no policies that flood elevations are made final for the with section 110 of the Flood Disaster have federalism implications under communities listed below. The base Protection Act of 1973, 42 U.S.C. 4104, Executive Order 12612, Federalism, flood elevations and modified base and 44 CFR part 67. dated October 26, 1987. flood elevations are the basis for the The Agency has developed criteria for Executive Order 12778, Civil Justice floodplain management measures that floodplain management in floodprone Reform each community is required either to areas in accordance with 44 CFR part adopt or to show evidence of being 60. This rule meets the applicable already in effect in order to qualify or Interested lessees and owners of real standards of section 2(b)(2) of Executive remain qualified for participation in the property are encouraged to review the Order 12778. National Flood Insurance Program proof Flood Insurance Study and Flood List of Subjects in 44 CFR Part 67 (NFIP). Insurance Rate Map available at the EFFECTIVE DATE: The date of issuance of address cited below for each Administrative practice and the Flood Insurance Rate Map (FIRM) community. procedure, Flood insurance, Reporting showing base flood elevations and The base flood elevations and and recordkeeping requirements. modified base flood elevations for each modified base flood elevations are made Accordingly, 44 CFR part 67 is community. This date may be obtained final in the communities listed below. amended as follows: by contacting the office where the maps Elevations at selected locations in each community are shown. are available for inspection as indicated PART 67Ð[AMENDED] on the table below. National Environmental Policy Act ADDRESSES: The final base flood This rule is categorically excluded 1. The authority citation for part 67 elevations for each community are from the requirements of 44 CFR Part continues to read as follows: available for inspection at the office of 10, Environmental Consideration. No Authority: 42 U.S.C. 4001 et seq.; the Chief Executive Officer of each environmental impact assessment has Reorganization Plan No. 3 of 1978, 3 CFR, community. The respective addresses been prepared. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, are listed in the table below. 3 CFR, 1979 Comp., p. 376. FOR FURTHER INFORMATION CONTACT: Regulatory Flexibility Act § 67.11 [Amended] Michael K. Buckley, P.E., Chief, Hazard The Acting Associate Director, Identification Branch, Mitigation Mitigation Directorate, certifies that this 2. The tables published under the Directorate, 500 C Street, SW., rule is exempt from the requirements of authority of § 67.11 are amended as Washington, DC 20472, (202) 646–2756. the Regulatory Flexibility Act because follows: 25406 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations

# Depth in # Depth in # Depth in feet above feet above feet above ground. ground. ground. Source of flooding and location * Elevation Source of flooding and location * Elevation Source of flooding and location * Elevation in feet in feet in feet (NGVD) (NGVD) (NGVD)

ALABAMA Maps available for inspection Maps available for inspection at the Hartland Township Of- at the Elmira Town Hall, 1255 Oneonta (city), Blount County fice, 3191 Hartland Road, West Water Street, Elmira, (FEMA Docket No. 7168) Hartland, Michigan. New York. Dry Creek: ÐÐÐ Approximately 0.4 mile down- MINNESOTA Elmira Heights (village), stream of Pocoda Drive ...... *785 Chemung County (FEMA At U.S. Route 231 ...... *850 Koochiching County (unin- Docket No. 7164) Maps available for inspection corporated areas) (FEMA McCann's Tributary: at the Oneonta City Hall, 202 Docket No. 7138) At McCann's Boulevard ...... *861 Third Avenue East, Oneonta, Rainy River: Approximately 1,000 feet up- Alabama. At downstream county bound- stream of McCann's Boule- ary with the City of Inter- vard ...... *862 MASSACHUSETTS national Falls ...... *1,111 Maps available for inspection At Canadian National Railroad at the Elmira Heights Village Gay Head (town), Dukes bridge ...... *1,112 Hall, 215 Elmwood Avenue, County (FEMA Docket No. Maps available for inspection Elmira Heights, New York. 7164) at the Administration Office, ÐÐÐ Atlantic Ocean: Koochiching County Court- Approximately 0.7 mile west of Geneseo (town), Livingston house, International Falls, Min- County (FEMA Docket No. the intersection of Black nesota. Brook and Moshup Trail ...... *9 7168) Approximately 1,400 feet Jaycox Creek: southwest of the intersection NORTH CAROLINA At Lima Road ...... *815 of Moshup Trail and South Approximately 2.79 miles up- Road near Lighthouse Road *11 Williamston (town), Martin stream of Lima Road ...... *1001 Menemsha Bight: County (FEMA Docket No. Maps available for inspection Approximately 600 feet north 7164) at the Geneseo Town Office, of the intersection of Roanoke River: 119 Main Street, Geneseo, Lobsterville Road and West Approximately 0.3 mile down- New York. Payson Road ...... *12 stream of U.S. Route 13 ..... *12 ÐÐÐ Approximately 500 feet north Approximately 0.4 mile up- Geneseo (village), Livingston of the intersection of stream of U.S. Route 13 ..... *12 County (FEMA Docket No. Lobsterville Road and West Maps available for inspection 7168) Payson Road ...... *10 at the Town Hall, 100 East Vineyard Sound: Jaycox Creek: Main Street, Williamston, Approximately 0.4 mile north of Approximately 75 feet down- North Carolina. the intersection of Lighthouse stream of downstream cor- Road and Moshup Trail ...... *11 porate limits ...... *822 NEW YORK Approximately 330 feet up- Maps available for inspection stream of Seminole Avenue *867 at the Office of the Building In- Genesee River: spector, 65 State Road, Gay Dresden (town), Washington At downstream corporate limit *557 Head, Massachusetts. County (FEMA Docket No. 7164) At upstream corporate limit ..... *558 ÐÐÐ Lake George: Maps available for inspection West Tisbury (Town), Dukes at the Geneseo Village Office, County (FEMA Docket No. Entire shoreline within commu- nity ...... *321 119 Main Street, Geneseo, 7164) New York. Maps available for inspection Atlantic Ocean: ÐÐÐ Approximately 700 feet south at the Town Hall, Dresden of the end of Butlers Pond Center Road, RD 1, Whitehall, Hague (town), Warren County Road ...... *10 New York. (FEMA Docket 7168) Approximately 650 feet south ÐÐÐ Lake George: of the intersection of Jennie Elmira (town), Chemung Entire shoreline within commu- Athearn Road and Little County (FEMA Docket No. nity ...... *321 Homer Pond Road ...... *9 7164) Maps available for inspection Maps available for inspection Newtown Creek: at the Town of Hague Com- munity Center, Route 8, at the West Tisbury Town Hall, Approximately 0.5 mile down- Hague, New York. 1059 State Street, West stream of confluence of Tisbury, Massachusetts. Diven Creek ...... *861 ÐÐÐ Approximately 0.51 mile up- Hillburn (village), Rockland MICHIGAN stream of confluence of County (FEMA Docket No. Diven Creek ...... *862 7164) Hartland (township), Living- McCann's Tributary: Ramapo River: ston County (FEMA Docket At confluence with Diven Approximately 550 feet down- No. 7155) Creek ...... *861 stream of the downstream North Ore Creek: Approximately 825 feet up- crossing of the Conrail ...... *277 At Parshallville Road ...... *909 stream of McCann's Boule- At upstream corporate limits ... *299 At Fenton Road ...... *966 vard ...... *862 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations 25407

# Depth in # Depth in # Depth in feet above feet above feet above ground. ground. ground. Source of flooding and location * Elevation Source of flooding and location * Elevation Source of flooding and location * Elevation in feet in feet in feet (NGVD) (NGVD) (NGVD)

Maps available for inspection OHIO North side of intersection of at the Village Hall, 31 Moun- Fairpark Avenue and Fairfax tain Avenue, Hillburn, New Dayton (city), Montgomery Avenue ...... #2 York. County (FEMA Docket No. Shallow Ponding Area (Zone ÐÐÐ 7164) AH): Approximately 700 feet north- Horseheads (town), Chemung Lilly Creek: west of the intersection of County (FEMA Docket No. Approximately 0.15 mile up- Byesville Boulevard and 7164) stream of confluence with Mad River ...... *761 Fairfax Avenue ...... *766 Beaver Brook: Approximately 0.60 mile up- Approximately 500 feet north At confluence with Newtown stream of Byesville Boule- of intersection of Glendean Creek ...... *877 vard ...... *781 Avenue and Springfield Ave- Approximately 1,035 feet up- Shallow Ponding Area (Zone nue ...... *766 stream of East Mills Street *885 AH): Maps available for inspection North Branch Newtown Creek: Just Southeast of Springfield at the City Hall, 1791 At confluence with Newtown Pike; approximately 900 feet Harshman Road, Riverside, Creek ...... *929 northeast of unnamed road *767 Ohio. Approximately 325 feet upstream Approximately 200 feet north- of confluence with Newtown west of Springfield Pike ...... *766 PENNSYLVANIA Creek ...... *932 Maps available for inspection Maps available for inspection at the Dayton City Hall, 101 Shirley (Township), Hunting- at the Horseheads Town Hall, West Third Street, Dayton, don County (FEMA Docket 150 Wygant Road, Horse- Ohio. No. 7164) heads, New York. ÐÐÐ Aughwick Creek: ÐÐÐ Montgomery County (unin- Approximately 1,090 feet up- Horseheads (village), corporated areas) (FEMA stream of U.S. Route 522 ... *571 Chemung County (FEMA Docket No. 7168) Approximately 1,775 feet up- Docket No. 7164) Lilly Creek: stream of U.S. Route 522 ... *571 Approximately 100 feet down- Newtown Creek: Maps available for inspection stream of downstream cor- at the Shirley Township Build- Approximately 750 feet down- porate limits ...... *780 ing, Shirleysburg, Pennsylva- stream of Route 14/17 ...... *877 At upstream corporate limits ... *786 nia. Approximately 535 feet up- Maps available for inspection stream of East Franklin at the County Planning Com- Street ...... *891 PUERTO RICO mission, 451 North Third Maps available for inspection Street, Dayton, Ohio. Commonwealth (FEMA Docket at the Horseheads Village ÐÐÐ No. 7149) Hall, 202 South Main Street, Horseheads, New York. Riverside (city), Montgomery Espiritu Santo River: County (FEMA Docket No. Approximately 0.65 kilometer ÐÐÐ 7168) upstream of the confluence Lake George (village), Warren Lilly Creek: with the Atlantic Ocean ...... *2.2 County (FEMA Docket No. Approximately 200 feet up- Approximately 4.61 kilometers 7159) stream of Byesville Boule- upstream of the confluence Lake George: vard ...... *768 with the Atlantic Ocean ...... *6.9 Entire shoreline within commu- Approximately 132 feet down- Rio Guanajibo: nity ...... *321 stream of Harshman Road *787 Approximately 1,200 meters Maps available for inspection Shallow Ponding Area (Zone downstream of Puerto Rico at the Village of Lake George AH): Highway 2 ...... *80.0 Administrative Building, Am- Approximately 700 feet north- Approximately 870 meters herst Street, Lake George, west of the intersection of downstream of Puerto Rico New York. Byesville Boulevard and Highway 368 ...... *100.8 Fairfax Avenue ...... *766 ÐÐÐ *Elevation in meters (Mean Sea Approximately 500 feet north Level) Lewis (town), Lewis County of intersection of Glendean Maps available for inspection (FEMA Docket No. 7168) Avenue and Springfield Ave- at the North Minillas Building, East Branch Mohawk River: nue ...... *766 Just south of intersection of Dediezo Avenue, 22 Top, Approximately 0.47 mile down- Springfield Pike and Fairfax Santurce, Puerto Rico. stream of State Route 26 .... *1457 Avenue ...... *767 Approximately 0.74 mile up- North side of intersection of (Catalog of Federal Domestic Assistance No. stream of State Route 26 .... *1499 Fairfax Avenue and Derwent 83.100, ‘‘Flood Insurance.’’) Maps available for inspection Drive ...... *767 Dated: May 13, 1996. at the Lewis Town Clerk's Of- Shallow Flooding Area (Zone Richard W. Krimm, fice, 791 Main Street, West AO): Acting Associate Director for Mitigation. Leyden, New York. Southside of intersection of Fairfax Avenue and Derwent [FR Doc. 96–12713 Filed 5–20–96; 8:45 am] Drive ...... #2 BILLING CODE 6718±04±P 25408 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations

DEPARTMENT OF DEFENSE C. Paperwork Reduction Act any institution of higher education that, The Paperwork Reduction Act does as determined by the Secretary of 48 CFR Parts 209 and 243 not apply because the rule does not Defense, has an anti-ROTC policy and at [DFARS Case 96±D305] impose any information collection which, as determined by the Secretary, requirements which require the the Secretary would otherwise maintain Defense Federal Acquisition approval of the Office of Management or seek to establish a unit of the Senior Regulation Supplement; Institutions of and Budget under 44 U.S.C. 3501, et Reserve Officer Training Corps, or at Higher Education seq. which the Secretary would otherwise enroll or seek to enroll students for AGENCY: Department of Defense (DoD). D. Determination to Issue an Interim participation in a unit of the Senior ACTION: Interim rule with request for Rule Reserve Officer Training Corps at comments. A determination has been made under another nearby institution of higher education. This prohibition applies to SUMMARY: The Director of Defense the authority of the Secretary of Defense new contracts and all contract Procurement is amending the Defense to issue this rule as an interim rule. modifications. (See 243.105.) This Federal Acquisition Regulation Compelling reasons exist to promulgate prohibition shall cease to apply to that Supplement (DFARS) to implement a this rule without prior opportunity for institution upon a determination by the statutory prohibition on providing funds public comment. This rule implements Secretary that the institution no longer to institutions of higher education Section 541 of the National Defense has an anti-ROTC policy. which have an anti-ROTC policy. Authorization Act for Fiscal year 1996 (b) Institutions of higher education (Public Law 104–106), which was DATES: Effective date: May 21, 1996. that are determined under 32 CFR part effective upon enactment on February Comment date: Comments on the 216 to have the policy or practice in 10, 1996. However, comments received interim rule should be submitted in paragraph (a)(1) or (a)(2) of this in response to the publication of this writing to the address shown below on subsection shall be listed as ineligible rule will be considered in formulating or before July 22, 1996, to be considered on the List of Parties Excluded from in the formulation of the final rule. the final rule. Federal Procurement and ADDRESSES: Interested parties should List of Subjects in 48 CFR Parts 209 and Nonprocurement Programs published by submit written comments to: Defense 243 the General Services Administration. Acquisition Regulations Council, Attn: Government procurement. (See FAR 9.404.) Mr. Michael Pelky, PDUSD (A&T) DP (c) In cases where a determination is (DAR), IMD 3D139, 3062 Defense Michele P. Peterson, made under 32 CFR part 216 that Pentagon, Washington, D.C. 20301– Executive Editor, Defense Acquisition specific subordinate elements of an 3062. Telefax number (703) 602–0350. Regulations Council. institution of higher education, rather Please cite DFARS Case 96–D305 in all Therefore, 48 CFR Parts 209 and 243 than the institution as a whole, have the correspondence related to this issue. are amended as follows: policy or practice in paragraph (a)(1) or FOR FURTHER INFORMATION CONTACT: (a)(2) of this subsection, 32 CFR part 216 Michael Pelkey, (703) 602–0131. PART 209ÐCONTRACTOR provides that the prohibition on use of QUALIFICATIONS SUPPLEMENTARY INFORMATION: DoD funds applies only to those subordinate elements. A. Background The authority citation for 48 CFR Parts 209 and 243 continues to read as 209.470±2 Procedures. This interim rule implements Section follows: 541 of the National Defense (a) Agencies shall not solicit offers Authorization Act for Fiscal Year 1996 Authority: 41 U.S.C. 421 and 48 CFR from, award contracts to, or consent to (Public Law 104–106). Section 541 Chapter 1. subcontracts with ineligible contractors. provides that no funds available to DoD 2. Sections 209.470–1 and 209.470–2 (b) After a determination of may be provided by contract or grant to are revised to read as follows: ineligibility under 209.470–1(a)(1), institutions of higher education which departments and agencies shall make no have an anti-ROTC policy. 209.470±1 Policy. further payments under existing (a)(1) Section 558 of the National contracts with the institutions, and shall B. Regulatory Flexibility Act Defense Authorization Act for Fiscal initiate termination action. The Interim rule is not expected to Year 1995 (Public Law 103–337) have a significant economic impact on provides that no funds available to DoD PART 243ÐCONTRACT a substantial number of small entities may be provided by grant or contract to MODIFICATIONS within the meaning of the Regulatory any institution of higher education that 3. Section 243.105 is revised to read Flexibility Act, 5 U.S.C. 601, et seq., has a policy of denying or that as follows: because the rule only applies to effectively prevents the Secretary of institutions of higher education which Defense from obtaining for military 243.105 Availability of funds. are determined to have an anti-ROTC recruiting purposes— (a)(i) 10 U.S.C. 2405 prohibits policy. An initial regulatory flexibility (i) Entry to campuses or access to adjustments in price under a analysis has therefore not been students on campuses; or shipbuilding contract entered into after performed. Comments are invited from (ii) Access to directory information December 7, 1983, for a claim, request small businesses and other interested pertaining to students. for equitable adjustment, or demand for parties. Comments from small entities (2) Section 541 of the National payment under the contract, arising out concerning the affected DFARS subparts Defense Authorization Act for Fiscal of events occurring more than 18 will be considered in accordance with Year 1996 (10 U.S.C. 983) provides that months before submission of the claim, Section 610 of the Act. Such comments no funds appropriated or otherwise request, or demand. must be submitted separately and cite available to DoD may be obligated by (ii) Section 558 of the National DFARS Case 96–D305 in contract or by grant, including a grant of Defense Authorization Act for Fiscal correspondence. funds to be available for student aid, to Year 1995 (Public Law 103–337) Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations 25409 provides that no funds available to DoD comments should cite DFARS Case 96– The first change will ensure that the may be provided by contract or contract D007 in correspondence. rule treats independent private schools modification, nor may contract similarly to other schools. The second C. Paperwork Reduction Act payments be made, to an institution of change will apply the same gap higher education that has a policy of This rule does not impose any new standard to high speed automated denying or that effectively prevents the information collection requirements guideway transit (AGT) systems as is Secretary of Defense from obtaining for which require the approval of the Office applied to other rapid and light rail military recruiting purposes— of Management and Budget under 44 systems. The third petition granted in (A) Entry to campuses or access to U.S.C. 3501, et seq. this rule will give local jurisdictions more discretion with respect to advance students on campuses; or List of Subjects in 48 CFR Part 242 (B) Access to directory information reservation systems for paratransit pertaining to students. (See 209.470.) Government procurement. services. However, the Department is (iii) Pursuant to 10 U.S.C. 983, no Michele P. Peterson, withdrawing a proposal that would have funds may be obligated by contract or Executive Editor, Defense Acquisition permitted transit authorities to contract modification to an institution Regulations Council. determine that certain bus stops may be of higher education that has an anti- Therefore, 48 CFR Part 242 is designated as non-accessible stops. This rule will also make six ROTC policy. (See 209.470.) amended as follows: amendments that derive from the [FR Doc. 96–12766 Filed 5–20–96; 8:45 am] Department’s own proposals. The first BILLING CODE 5000±04±M PART 242ÐCONTRACT ADMINISTRATION will decrease the paperwork burden of producing annual paratransit plan 1. The authority citation for 48 CFR 48 CFR Part 242 updates once the paratransit system Part 242 continues to read as follows: reaches full compliance with ADA [DFARS Case 96±D007] Authority: 41 U.S.C. 421 and 48 CFR regulations. The second will clarify a Chapter 1. visitor’s eligibility for paratransit Defense Federal Acquisition services. The third will clarify the 2. Section 242.803 is amended by Regulation Supplement; Direct vehicle acquisition requirements for redesignating paragraphs (b)(i)(C) and Submission of Vouchers to Disbursing private entities not primarily engaged in (b)(i)(D) as paragraphs (b)(i)(D) and Office the business of transporting people. The (b)(i)(E), respectively, and by adding a fourth amendment will remove AGENCY: Department of Defense (DOD). new paragraph (b)(i)(C) to read as ‘‘inability to comply’’ as a condition of ACTION: Final rule. follows: gaining a determination of equivalent SUMMARY: The Director of Defense 242.803 Disallowing costs after facilitation. The final two amendments Procurement is amending the Defense incurrence. will eliminate confusion in a cross Federal Acquisition Regulation * * * * * reference within the regulation and Supplement (DFARS) to allow the (b) * * * correct a typographical error. The contract auditor to authorize direct (i) * * * Department has concluded that no submission of interim vouchers for (C) Authorizing direct submission of change is warranted in the regulatory provisional payment to the disbursing interim vouchers for provisional definition of a personal care attendant. office, for contractors with approved payment to the disbursing office for EFFECTIVE DATE: This final rule is billing systems. contractors with approved billing effective June 20, 1996. EFFECTIVE DATE: May 21, 1996. systems. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Rick * * * * * Robert C. Ashby, Deputy Assistant Layser, PDUSD(A&T)DP(DAR), IMD [FR Doc. 96–12765 Filed 5–20–96; 8:45 am] General Counsel for Regulation and 3D139, 3062 Defense Pentagon, BILLING CODE 5000±04±M Enforcement, Department of Washington, DC 20301–3062. Telefax Transportation, 400 7th Street, SW., (703) 602–0350. Please cite DFARS Case Room 10424, Washington, DC 20590. 96–D007. DEPARTMENT OF TRANSPORTATION (202) 366–9306 (voice); (202) 755–7687 (TDD); or Richard Wong, Office of Chief SUPPLEMENTARY INFORMATION: Office of the Secretary Counsel, Federal Transit A. Background Administration, same street address, This final rule amends DFARS 49 CFR Parts 37 and 38 Room 9316. (202) 366–4011. 242.803 to reduce unnecessary review [Docket No. 49658] SUPPLEMENTARY INFORMATION: and approval, by the contract auditor, of RIN 2105±AC13 I. Introduction interim vouchers for provisional The Department published its notice payment under DoD contracts. Transportation for Individuals With of proposed rulemaking (NPRM) on the Disabilities B. Regulatory Flexibility Act issues covered by this rule on July 21, This final rule does not constitute a AGENCY: Department of Transportation 1994. The NPRM included proposed significant DFARS revision within the (DOT), Office of the Secretary. amendments that were petitioned for by meaning of FAR 1.501 and Public Law ACTION: Final rule. the public on which the Department 98–577 and publication for public took no initial position and proposals comment is not required. Therefore, the SUMMARY: The Department is amending that the Department generated Regulatory Flexibility Act does not several provisions of its rules internally. The Department received apply. However, comments from small implementing the Americans with over 275 comments on the NPRM, most entities concerning the affected DFARS Disabilities Act (ADA). Some of the of which came from individuals with subpart will be considered in changes are being made in response to disabilities, organizations representing accordance with 5 U.S.C. 610. Such petitions received by the Department. them and transit authorities. Additional 25410 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations comments were received from state the presumed abilities of a class of there were a number of interesting disability advocates, engineering persons with disabilities. nuances in transit provider comments. groups, paratransit providers and Finally, a number of these Some emphasized the necessity of equipment manufacturers, as well as commenters noted that, if individuals working with the disability community others. are denied use of stops, they will on bus stop access issues, including become eligible for paratransit, which public hearings or other opportunities II. Petitions for Rulemaking will increase costs to transit authorities. for public participation. Improving or 1. Bus Stops There could also be situations in which moving existing bus stops was a step people would be denied service This issue, raised in the NPRM on the mentioned by others. Differences among altogether because of limited capacity basis of a petition from Seattle Metro, buses and passengers need to be taken on paratransit systems, one commenter was the most controversial in the into consideration, others said. noted. (Two transit authority rulemaking. Disability community Prodding the Department of Justice to commenters said, on the other hand, issue regulations requiring local commenters were virtually unanimous that transit authorities’ desire to avoid governments to work on making bus in strongly opposing Seattle’s suggestion adding to paratransit costs would be a stops under their control program that transit authorities be authorized to deterrent to abuse of discretion to limit accessible was another suggestion. declare a bus stop ‘‘off limits’’ to passengers’ use of unsafe stops.) Better training for drivers on how to wheelchair users, or in some cases, to Many disability community deploy lifts safely in a variety of all lift users, on the basis that conditions commenters, and several transit situations was also recommended. Some at the stop made its use too dangerous authorities as well, opposed the commenters also mentioned (but for such passengers. These commenters petition’s suggestion that the standard apparently did not favor) the possibility included disability advocacy for determining the suitability of a stop of closing stops to all passengers if they organizations, individuals, the U.S. for disabled passengers be the new were not safely usable by passengers Department of Justice, and state and construction standard for bus stops in with disabilities. local government agencies. A few transit the Americans with Disabilities Act This is a case in which both sides of agencies also shared their point of view. Accessibility Guidelines (AADAG). This the debate have genuine concerns. The The first point these commenters standard, they said, was of questionable petitioner and comments supporting its made was that individuals with relevance to streetside bus stops in mass position worry, in good faith, about disabilities—not transit agencies— transit systems, and was inappropriate potential safety problems facing should decide when a given stop is for use in a situation involving existing wheelchair users at some bus stops and appropriate for them to use. Individuals facilities in any event. The obligation about ensuing liability problems that with disabilities know their own that public entities have for existing may result for transit providers. In the abilities better than anyone else, and facilities, they noted, is to make them absence of legal constraints on the use can make reasonable choices about what program accessible, not necessarily to of classifications based on disability, it is or is not safe for them. Allowing other bring them up to new construction could arguably be rational for transit parties, such as transit agencies, to make standards. The new construction providers to take the kind of action that these choices smacks of paternalism and standard was never intended to be a the petition proposes. is the sort of well-intended constraint safety standard, or a criterion to However, the ADA imposes strong on the activities of persons with determine when an individual with legal constraints on the use of disabilities that the ADA is specifically disabilities would be allowed to use a classifications based on disability. intended to prevent. Providing facility. The petitioner was the only Under the ADA, a proposed action discretion to transit authorities to deny commenter to support the proposal to which treats a disability-based class of to passengers with disabilities the use of use the new construction standard. persons differently from the rest of the facilities that other passengers are A large majority of the transit public cannot be accepted merely allowed to use is a clear violation of the providers that commented supported because it may assuage a party’s good ADA’s nondiscrimination mandate, the idea that they should have faith concerns about safety. This is a many commenters said. discretion to declare stops ‘‘off limits’’ position that the Department has taken What made the proposal additionally to lift users on the basis of safety. consistently as it has developed and objectionable, many of these Because some stops had hazards that implemented its ADA regulations. commenters said, was that there was no affect passengers with disabilities in For example, before and during the empirical evidence that there was a ways that other passengers are not development of Part 37, there was significant safety problem at bus stops. affected (e.g., stops that have a narrow considerable discussion of transit There might be speculation that a safety area for maneuvering that present a providers’ good-faith safety concerns problem existed, and worry about problem to wheelchair users but not about transporting three-wheeled potential liability, but there were few, if ambulatory persons, stops with a drop- ‘‘scooters.’’ Many commenters asserted any, facts presented that the problem off that can result in a wheelchair that these devices were unstable and was real. When there is a overturning), it is rational to prevent difficult to secure, and asked that transit nondiscrimination mandate like that of accidents and injuries by denying use of providers have the discretion to exclude the ADA, any classification that denies these stops to persons for whom the them on the basis of these safety-related services to the protected class must be hazards are serious. Concern about concerns. The Department required that based on demonstrated facts, they said, liability was another reason advanced providers carry such mobility devices, not on fear. Many of these commenters by many transit commenters. Seattle noting the absence of ‘‘information in pointed to the ADA’s ‘‘direct threat’’ said it had experienced seven accidents the record that would support a finding concept as a model for determining because of bus stop problems since that carrying non-traditional when it is acceptable to deny services or 1987, including one serious injury that wheelchairs would constitute a ‘direct facilities to individuals with disabilities resulted in a settlement of over threat’ to the safety of others. * * *’’ (56 based on a safety risk. This concept, $400,000. FR 45617; September 6, 1991). they noted, focuses on the individual While the transit community Subsequently, transit community situation of each disabled person, not on generally supported Seattle’s petition, commenters raised the issue of the use Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations 25411 of lifts by standees, which the original exception to the nondiscrimination persuasive to the Department than those version of Part 37 required. The mandate of the ADA. points made by its proponents. These commenters expressed the concern that In thinking about situations in which points add to the discussion above as standees could fall off the lifts or hit safety reasons are advanced for using reasons for the Department’s decision. disability-based classifications, the their heads, resulting in injury to The Department believes that transit Department finds it useful to consider passengers and liability for providers. providers which, like Seattle, sincerely With one exception (concerning a the ‘‘direct threat’’ provisions that exist in other provisions of the ADA. ‘‘Direct desire both to provide particular lift model that was no longer nondiscriminatory service to being manufactured), there was little threat’’ permits exceptions—specific to individuals with disabilities and to information in the record demonstrating an individual—to be made to ADA maximize bus stop safety have some that a real safety problem, as distinct nondiscrimination requirements on the means available to achieve these from speculation or fears concerning basis of safety. The Department of objectives. For example, a transit potential safety problems, existed. The Justice (DOJ) rule implementing Title III provider could provide information to Department rejected the proposal, of the ADA in the context of public saying that— accommodations defines the concept as lift users about potential hazards at follows: certain stops and offer informational on [t]he ADA is a nondiscrimination statute, alternative stops or routings to such intended to ensure * * * that people with Direct threat means a significant risk to the health or safety of others that cannot be passengers, where alternatives were disabilities have access to transportation available. The provider could also offer services. To permit a transportation provider eliminated by a modification of policies, to exclude a category of persons with practices, or procedures, or by the provision paratransit to those passengers who disabilities from * * * access to a vehicle on of auxiliary aids or services. In determining chose to avoid using the stops as a whether an individual poses a direct threat the basis of a perceived safety hazard, absent result. to the health or safety of others, a public information in the record that the hazard is accommodation must make an The transit provider could make real, would be inconsistent with the statute. individualized assessment, based on a operational modifications to mitigate ** * While we understand the concerns of reasonable judgment that relies on current potential hazards. For example, if there transit agency commenters about the medical knowledge or on the best available potential safety risks that may be involved, is limited space or a potential hazard at objective evidence, to ascertain: the nature, a stop, the bus could let a wheelchair the Department does not have a basis in the duration, and severity of the risk; the rulemaking record for authorizing a probability that the potential injury will user board at a nearby area that was restriction on lift use by standees. (58 FR actually occur; and whether reasonable easier to use or stop at a greater distance 63096; November 30, 1993). modifications of policies, practices, or from the curb. We are aware that transit procedures will mitigate the risk. (28 CFR providers are often reluctant to depart The Department’s analysis of the 36.208 (b)–(c)). from normal practices in this regard Seattle petition is very similar to its Very similar regulatory language (although such deviations appear response to these two previous issues. appears in the Equal Employment commonplace during inclement The petition presents a genuine, good- Opportunity Commission (EEOC) rules weather, such as when bottomless faith concern that a certain condition implementing Title I of the ADA in the puddles, ‘‘Blizzard of ’96’’-size (here, terrain or other problems at context of employment (29 CFR snowbanks, or carnivorous potholes particular bus stops) may create a safety 1630.2(r); see also discussion 56 FR make access to normal stops difficult for hazard for a class of persons with 35745; July 26, 1991). The Department all passengers). Nevertheless, these are disabilities. There is, in the comments of Justice regulation implementing Title among the kinds of ‘‘reasonable favoring the petition, agreement that II of the ADA in the context of state and modifications of policies, practices, or difficult conditions at some stops might, local government programs does not procedures [to] mitigate the risk’’ that indeed, create some safety risks for include ‘‘direct threat’’ language in its the ADA calls for. wheelchair users or other persons with regulatory text, but the preamble applies disabilities. But there is little in the Transit providers can also urge local the concept to the essential eligibility record to suggest that there is governments to improve accessibility to requirements for participating in state substantial, pervasive, or strong bus stops, mitigate hazards at stops, or, and local programs (56 FR 35701; July evidence that a real, as distinct from if need be, move stops to better 26, 1991). speculative, safety problem exists. locations. The Department is aware that While the DOJ and EEOC language transit providers often do not control To its credit, the petitioner attempted concerning ‘‘direct threat’’ does not the placement of stops or the land on to show the Department that problem necessarily apply in its entirety to which they are located, though we stops existed for which the petitioner’s transportation issues, the Department believe that transit providers should proposed remedy was needed. The believes that it is appropriate, and in continue the effort to work with their petitioner provided a videotaped keeping with the language and intent of local governments on these matters. demonstration of wheelchair users the statute, to determine that disability- attempting to get on and off buses using based classifications in transportation For these reasons, the Department is lifts at several problem stops. After having a safety rationale are supportable withdrawing the proposal, based on the reviewing the tape, the Department only on the basis of analysis that Seattle petition, to permit transit concluded that it is reasonable to incorporates the essentials of the ‘‘direct providers to limit the use of certain bus believe that at such stops, wheelchair threat’’ concept in a way consistent with stops by lift users. The existing rule’s users may well have greater difficulty, the nature of transportation programs. language (49 CFR 37.167(g)) will remain and take longer, in using bus lifts than The petition at issue in this rulemaking in effect, without change. Any transit at other stops. In some of the situations, does not, in the Department’s view, provider that may have instituted limits there could be a higher risk to closely approach what is necessary to be on the use of particular stops by lift wheelchair users than at other, more adopted under such an analysis. users, except as authorized by this ‘‘normal,’’ stops. The Department does As a general matter, the points raised provision, must cease implementing the not find this evidence sufficient, by commenters opposed to the proposal, limits, as they are explicitly contrary to however, to justify carving out an as described above, have been more the Department’s ADA rule. 25412 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations

2. Requirements for Private School appropriate to the needs of the 20 mph at any point on the system to Transportation individual and is equivalent to the comply with the rapid/light rail gap The Department has decided to grant service provided other individuals standards of a 3 inch horizontal gap and 5 the petition of the National Association ** *’’ 49 C.F.R. § 37.105. Any test for ⁄8 inch vertical gap. One commenter of Independent Schools (NAIS) and equivalence under § 37.105 would go suggested that the larger gap only be adopt the proposed private school beyond providing equal access to permitted on sections of the track on exemption. In doing so, the Department transportation to and from school and which the AGT system actually ran at emphasizes the importance of ensuring include transportation to and from all of over 20 mph. The suggestion is being that schools provide disabled students the school’s extracurricular activities. rejected because it ignores the with equal access to all of the schools’ This approach is consistent with the underlying rationale for the speed Department of Education’s requirement academic and extracurricular programs. division. If the AGT vehicle is to be that non-academic and extracurricular capable of traveling at higher speeds on Private schools will therefore have to activities and services be provided in other segments of the system, it will provide equivalent transportation such a way as to ensure disabled require the more sophisticated services to disabled students in order to students an equal opportunity for suspension, which will in turn make the be eligible for the exemption. The final participation. See 34 C.F.R. smaller gap standard more difficult to rule will apply the same standard for § 104.37(a)(1). In fact, the Department of meet at all stops. equivalent service as is found in Education goes so far as to include ASCE pointed out that the Access § 37.105. transportation itself as a covered non- Board’s preamble discussion refers to This change is being made because academic service. See id. at ‘‘AGT vehicles that travel at slow the current requirement that all new § 104.37(a)(2). speed,’’ and subsequent Access Board buses purchased be lift equipped does One commenter raised the possibility manuals suggest that the rapid/light rail not apply to most schools. Public that a school that does not purchase lift gap standard should apply to faster AGT schools are exempt because their equipped buses because it has no vehicles. The Access Board has transportation services are excluded disabled students might exclude interpreted its guidelines as permitting from the ADA’s definition of disabled applicants in the future to the construction that ASCE urges and ‘‘designated public transportation.’’ avoid the expense of purchasing lifts. the Department’s action today will Schools with a religious affiliation are This concern could be valid. However, prevent any conflict or confusion exempt based on the ADA’s exemption the possibility of the rule change between the guidelines and the rule. for religious organizations. Private encouraging future discrimination in the 4. 14-Day Advance Reservations elementary and secondary schools that admissions process is speculative and receive Federal financial assistance get the Department has neither the The proposal to remove the 14-day the same exemption as public schools if authority nor the expertise to address advance reservation requirement they provide equivalent transportation admissions discrimination. generated significant interest among services to students with disabilities commenters of all types. While and are covered by section 504 of the 3. People Mover Gap Standards approximately 130 commenters Rehabilitation Act of 1973. By now, the The Department has decided to adopt advocated keeping the reservation Department’s regulation exempts all the NPRM’s proposal to allow high requirement, most expressed schools except private, non-religious speed AGT systems to comply with the dissatisfaction with current reservation schools that receive no Federal financial same train door to platform gap systems, suggested different reservation assistance. standard as other high speed rail times, capacity allotments for advanced The NAIS petition pointed out the systems. The petition was submitted by reservations or demonstration projects anomalous result of the regulation the American Society of Civil Engineers before a change in the requirement is applying more stringent and costly (ASCE). ASCE cited the wide variation made. Of the approximately 60 standards to schools that receive no in AGT system speed—5 to 80 miles per commenters who advocated repealing Federal financial assistance than is hour—and requested that faster AGT the requirement, many made similar applied to schools that do receive systems be subjected to the less recommendations. assistance. In response to the NAIS stringent requirements applied to rapid Approximately 45 commenters made petition, the NPRM proposed amending and light rail systems. ASCE had 11 different suggestions for changing the § 37.27 to apply the same equivalent studied existing AGT systems and number of days allowed for advance services standard to independent claimed that most do not meet current reservations. Ten of these commenters schools as is applied to private schools AGT standards of one inch horizontal believed that the number of days should that receive Federal assistance. The and half inch vertical gaps between the be flexible and made no specific majority of the comments received on train door and the platform edge. suggestion, five others suggested a range this aspect of the proposal supported According to ASCE’s analysis, AGT of 1 to 3 days, one commenter suggested extending the private school exemption. systems that run at under 20 miles per 3 to 7 days and one suggested 7 to 8 However, many commenters did express hour can reasonably be expected to meet days. Among the 27 commenters who concerns about disabled students’ the current gap standards. Faster AGT endorsed a specific number of days, access to school events. This concern systems, however, require vehicles with there were seven different was shared by the few commenters who larger, more complicated suspensions recommendations, ranging from 1 day to opposed the exemption. that make it more difficult to meet the 10 days, with 7 days being the most The Department also shares these smaller gap standard. popular (13 commenters). concerns. The independent private The proposal was not controversial. Eight commenters suggested limiting schools will be subject to the same Only one of the 17 comments received the percentage of paratransit capacity equivalent service standard that other objected to the principle of a speed which could be reserved in advance. private schools must meet, namely that division and two objected to the Most of these eight commenters did not ‘‘when viewed in [their] entirety’’ proposed 3-inch gap standard for the offer a specific percentage limit, those transportation services must be higher speed trains. The proposal would who did were split between 40 and 50 ‘‘provided in the most integrated setting allow AGT systems that operate at over percent. Three other commenters Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations 25413 suggested capping the number of trips While we do not believe that this kind that the public participation an individual rider could reserve in of situation is sufficient, given the requirements accompanying the annual advance. Similarly, these commenters downsides of an advance reservation update was a good opportunity for the did not agree on any one number. requirement, to justify mandating disability community to have input The most common complaint about advance reservations, we suggest that, as concerning service problems. Indeed, advance reservations was that they transit providers consult with their some commenters said, public caused an unmanageable number of communities about reservation system participation provisions should be cancellations and no-shows. Twenty changes, that they explore means of strengthened. one commenters suggested penalties for addressing this concern. Some of the comments also pointed to riders who failed to show up for It should be emphasized that, in order a statutory issue. Section 233(c)(7)(B) of scheduled rides. Twelve other to meet Part 37 requirements, all the ADA provides that the Department’s commenters suggested that this problem paratransit systems must provide at regulations shall require each public could be solved by requiring least one-day advance reservations at all entity that operates fixed route service confirmation. Among these twelve times. One of the apparent reasons that to submit a paratransit plan to the comments were three different users take advantage of existing advance Secretary within 18 months after the suggestions for when the confirmation reservation systems in large numbers is effective date of the section and ‘‘on an should be made; there was also their apprehension that, if they wait annual basis thereafter, submit to the disagreement over whether the rider or until the day before travel, the capacity Secretary, and commence the transit provider should be of the system to serve them will have implementation of, a plan for providing responsible for making the confirmation been exhausted. This can lead, in turn, [paratransit] services.’’ In its original call. to the scheduling, no-show, and ADA rule, the Department implemented Finally, ten commenters complained cancellation problems cited in many this requirement by establishing the that long reservation times created comments. To make a short-term annual plan update requirement. prioritization, illegally favoring reservation or real-time scheduling This requirement makes sense during individuals with certain types of system work properly, transit providers the phase-in period for paratransit disabilities or favoring certain types of need to make sure that adequate vehicle service. While a transit authority is trips. Eight commenters pointed out that and communications capacity is gradually building up its paratransit advance reservations drain the capacity available, such that systematic denials service to the point where it meets all of paratransit systems, but seven others of service do not exist to an extent that service criteria, it is reasonable for the countered that the real problem is would constitute a capacity constraint transit authority to send in annual limited capacity, which in turn causes (see § 37.131(f)(3)((i)(B)). progress reports that have been reservation problems. In light of the substantial III. DOT-Proposed Adjustments to the developed through the public dissatisfaction with the current 14-day Rule participation process set forth in the reservation requirement evident from rule. Once the transit authority has fully 1. Reduction of Paperwork for the comments and the abundant and met all the service criteria, however, Paratransit Plan Updates varied suggestions for improving there is no new ‘‘progress’’ to report. reservation systems, the Department has The NPRM proposed that transit There is no implementation to decided to remove the requirement and authorities that had fully implemented ‘‘commence,’’ since the service required allow local transit providers, in the paratransit requirements of the rule by the rule is already up and running, conjunction with the riding public, the would no longer have to send in annual and need only be continued for the discretion to establish reservation updates to FTA. The thinking behind transit authority to meet its ADA systems that best meet local needs. this proposal was that, once full paratransit obligations. Under the amended rule, transit systems compliance had been achieved, annual Once the transit authority is fully can establish any reservation system updates, and the process required to meeting all service criteria (including that meets the other requirements of this generate them, would become an the criterion concerning capacity part, with a maximum 14-day advance unnecessary administrative burden. constraints), submitting an annual reservation period. Paratransit systems Instead, there would be a simple certification that it is continuing to meet that wish to take advantage of the certification of compliance. If, for any all these criteria as provided in its flexibility provided by this amendment reason, a transit authority slipped out of previously-approved plan meets the by changing their reservation systems full compliance, it would have to inform letter and intent of § 223(c)(7)(B). Of will have to ensure public participation FTA and file updates until it was once course, should the transit authority fall in the decision to change and local again in full compliance. below full compliance with all criteria, review of the functioning of the new Transit agencies generally supported it would need to inform FTA and system. The public participation the proposed change, citing the resume substantive annual updates until requirements of § 37.137(b) will apply. difficulty that many small providers it was once again in full compliance. One of the points commenters made have with annual paperwork In response to comments, the in favor of retaining some advance submissions. Some of these commenters Department will make two reservation capacity in paratransit said, however, that there should be modifications to the proposed systems was the added security it other means (e.g., additions to the regulatory language. First, as noted affords concerning occasional, National Transportation Database) of above, there would need to be a report important, time-sensitive trips. For monitoring and reporting data on to FTA if the transit authority fell out of example, if someone has airline paratransit costs and service. Disability compliance. Second, we are adding a reservations, the person needs to be at community commenters, on the other provision authorizing FTA to direct a the airport at a particular time on a hand, favored retention of the existing transit authority to conduct a public particular day. The person is likely to be requirement. Some were suspicious of participation process and submit a plan more comfortable if he or she knows, claims by transit authorities that they update if, in FTA’s judgment (based, for prior to the day before travel, that a were really in full compliance. A example, on consumer complaints about paratransit reservation is confirmed. common theme in these comments was service), there is a reasonable basis for 25414 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations concern about continuing full When an individual with a disability mistaken impression that there are no compliance. travels to another city, it remains the service standards which apply to these Because the regulation already Department’s policy that he or she have systems. The ADA does require private requires a mechanism for continuing open and ready access to local mass operators of demand responsive systems public participation (see § 37.137(c)), transit without any need to have to provide equivalent service to the Department is not persuaded that planned the trip in advance. Indeed, individuals with disabilities regardless the public participation process often the traveler will be unfamiliar of whether or not they purchase any accompanying plan updates is essential with the new city and have no way to new vehicles. This requirement is to provide public input to providers know in advance what his or her travel contained in Section 302(b)(2)(C) of the about paratransit service. While changes needs will be. For this reason, the ADA and is reflected in the to National Transit Database reporting Department’s amendment to this Department’s regulations in § 37.171. concerning paratransit are outside the provision emphasizes that in no case Section 37.171 applies the same scope of this rulemaking, the Federal may a transit provider require a visitor standard for overall equivalent service Transit Administration will consider to apply for or be granted eligibility as is found in § 37.105. whether some modifications to this certification before being able to use the To eliminate the confusion which has report to provide more data about provider’s paratransit service as resulted from these requirements, this paratransit service are desirable. provided in § 37.127. final rule adds a new paragraph to Given the desire commenters § 37.101 which explicitly states that 2. Visitor Eligibility expressed for clarification of how the private entities operating demand The NPRM requested comment on its visitor eligibility provision is intended responsive systems that purchase proposal to clarify the eligibility of to work, and the likelihood that there vehicles with capacity of 16 or fewer visitors to use paratransit services. The may be many situations in which must provide equivalent service to proposed change would have specified individuals (e.g., business travelers, individuals with disabilities. The new that the 21 days that transit operators weekend trip visitors) will make repeat paragraph refers the reader to both the must provide service to eligible visitors trips to a given city during a year, the requirement stated in § 37.171 and the was 21 days within a year period, as Department has decided to require that standard articulated in § 37.105. transit authorities permit a visitor to use opposed to 21 continuous days. The 4. Personal Care Attendants proposed regulatory text would have the service on any combination of 21 days throughout a 365-day period. For The NPRM requested comments on read: ‘‘A public entity is not required to example, if Ms. Smith first uses the the question of how to define a personal provide service to a visitor for more service on April 1, she could use the care attendant (PCA), and whether than 21 days per year from the date of service on April 2–6, May 17, July 10– further definition was necessary, for the the first paratransit trip used by the 15, October 7, etc. until she had used purposes of determining eligibility to visitor.’’ (emphasis added). The the service on 21 days in the period ride paratransit free while Department has decided to clarify the extending through March 31 of the next accompanying a paratransit eligible provision by specifying that the calendar year. The way that XYZ individual. Half of all comments maximum amount of service which chooses to implement visitor eligibility received on the NPRM addressed this transit providers must provide eligible should be made part of its paratransit issue. Individuals with disabilities and visitors is 21 days per calendar year. program and visitors should be advocacy groups were overwhelmingly The Department will further amend the provided materials clearly explaining opposed to any attempt to further define rule to allow local providers the option how XYZ’s visitor policy works. a PCA, often expressing the opinion that of restricting the 21 days of service use further definition would constitute an to 21 continuous service days following 3. Vehicle Acquisition for ‘‘Private Not invasion of privacy. the first trip. Primarily Engaged’’ Providers Transit authorities were divided on Transit providers were split on Section 37.101 contains the vehicle the question, with eight believing that whether visitors should be eligible for acquisition requirements for private there was no problem and no further 21 continuous days or 21 days per year. entities not primarily engaged in the action warranted, and more than a Approximately half of the providers business of transporting people. dozen believing that something should who commented complained of Paragraph (d) of the section applies to be done. Three transit authorities administrative difficulties inherent in private entities which operate demand suggested registering the PCAs keeping track of 21 days of service responsive systems which purchase themselves, and three more believed spread out over an entire year. It was vehicles with seating capacity over 16. that only PCAs needed for the trip also pointed out that with 21 days per When these entities purchase such a should qualify, not those whose services year, paratransit operators have more vehicle, it must be accessible to were required at the destination. Several difficulty managing capacity because individuals who use wheelchairs, commenters suggested that individuals they cannot predict demand. Other unless the entity can show that when who needed PCAs should register that providers disagreed, reporting no viewed in its entirety, its system need as part of the application process— administrative burden or capacity drain provides equivalent service to something that the Appendix already from allowing visitors 21 days per year. individuals with disabilities. The allows paratransit providers to require. Capital Metro of Austin, Texas believes standard for equivalent service is found Three of the transit authorities that that 21 continuous days of eligibility is in § 37.105, to which paragraph (d) supported requiring riders to register the insufficient to meet the needs of refers the reader. need for a PCA went further to suggest frequent visitors, such as college Neither § 37.101 nor the ADA has any that individuals who have registered a students returning home on breaks, and vehicle acquisition requirement for need for a PCA be denied service when instead allows visitors six months of private entities not primarily engaged in riding alone. service before requiring them to apply transporting people which operate The Department has decided not to for local eligibility. Individuals with demand responsive systems which amend the regulatory text regarding disabilities and advocacy groups almost purchase vehicles with seating capacity PCAs. We wish to reemphasize, all favored 21 days per year. of 16 or less. This has created the however, that the existing definition of Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations 25415 a PCA does not distinguish between did not allow any decrease in Regulatory Analyses and Notices PCAs whose services are required accessibility. Members of the disability This final rule is not significant under during the paratransit ride and those community voiced strong dissent to the Executive Order 12866. It is significant required at the destination. Limiting proposal. Almost all of the comments under the Department’s Regulatory riders to PCAs who were required on filed by individuals with disabilities Policies and procedures, because it the paratransit trip could leave a rider and their advocacy groups viewed the amends a significant rule having unable to function at his or her change as a weakening of the ADA’s substantial public interest. We expect destination, thereby making the trip accessibility standards and many economic impacts to be minimal, so we meaningless. expressed distrust of the Department’s Finally, several commenters suggested have not prepared a regulatory ability to ensure legitimate equivalence. evaluation. There are no Federalism requiring those who register as using a Recognizing that significant costs can PCA be denied service when riding impacts sufficient to warrant the be associated with ADA compliance, the preparation of a Federalism assessment. alone. The Department did not adopt Department feels that to ensure the most this suggestion. Riders who use a PCA The Department certifies that the rule widespread long-term compliance, it will not have a significant economic for destination needs may well have must allow as much flexibility as varying needs depending on the trip impact on a substantial number of small possible and encourage the entities. purposes. Requiring these riders to be development of new, more cost effective accompanied by a PCA even when they technologies. Accordingly, the Issued this 7th day of March, 1996, at Washington, DC. do not expect to require assistance will requirement that an entity show that it create unnecessary expenses for the is unable to comply with current Federico Pen˜ a, rider and further burden the seating standards is being eliminated from the Secretary of Transportation. capacity of the transit provider. Other petition for equivalent facilitation. For the reasons set forth in the riders may have varying levels of Petitioning entities must continue to preamble, the Department proposes to assistance needs over time, and show that their alternative method amend 49 CFR Part 37 and 49 CFR Part requiring these riders to either further actually provides equal or greater 38 as follows: define their needs in advance or always accessibility. This point protects the travel with a PCA is unjustifiably interests of the disability community PART 37Ð[AMENDED] intrusive. concerning maintaining the strength of 1. The authority citation for 49 CFR 5. Equivalent Facilitation accessibility requirements. The other Part 37 is proposed to continue to read reporting requirements of the petition The final substantive change as follows: proposed in the NPRM was to delete the found in § 37.7 and § 37.9 will also Authority: Americans with Disabilities Act requirement that an entity demonstrate remain, such as demonstrating the effectiveness of the alternative measures of 1990 (42 U.S.C. 12101–12213); 49 U.S.C. an inability to comply with existing 322. requirements as a condition of obtaining for compliance and documenting the a determination of equivalent public participation used in developing 2. The authority citation for 49 CFR facilitation. As explained in the NPRM, the alternative method. The Department Part 38 is proposed to be revised to read the original purpose of the provision notes that the original purpose of the as follows: was to limit departures from established requirement, encouraging uniformity Authority: Americans with Disabilities Act regulatory standards and promote and predictability, remains an important of 1990 (42 U.S.C. 12101–12213); 49 U.S.C. uniformity and predictability. The goal. 322. Department was concerned, however, 6. Clarification of Appendix Statement 3. In part 37, § 37.27(b) is proposed to that requiring a showing of inability to on Vehicle Lift Dimensions be revised to read as follows: comply was having the effect of stifling innovation and discouraging the The NPRM proposed to clarify a § 37. 27 Transportation for elementary and development of new technologies that reference to the Part 38 standards for secondary education systems. might provide equal or even greater accessible vehicles. Appendix D to Part * * * * * accessibility at a lower cost. 37 contains explanatory statements and (b) The requirements of this part do The discussion of this change that guidelines for Part 37. In Appendix D, not apply to the transportation of school appeared in the preamble of the NPRM section 37.13, the discussion of section children to and from a private addressed only whether a petitioning 37.13 of the rule refers to the ‘‘new 30′′ elementary or secondary school, and its entity should have to demonstrate its by 48′′ lift platform specifications.’’ This school-related activities, if the school is inability to comply. A drafting error in statement was intended to refer to the providing transportation service to the proposed regulatory text created the Part 38 standards for lift platforms. The students with disabilities equivalent to impression that the amendment would reference oversimplifies the Part 38 that provided to students without have gone further, eliminating other standard, which requires 30 × 48 inch disabilities. The test of equivalence is reporting requirements associated with dimensions at a height of 2 inches above the same as that provided in § 37.105. If the petition for equivalent facilitation. the platform base, but only requires a the school does not meet the The Department apologizes for the error width of 28.5 inches at the base itself. requirement of this paragraph for and wishes to note that at no time were To eliminate the confusion created by exemption from the requirements of this the other requirements considered for the reference, section 37.13 of Part 37, part, it is subject to the requirements of removal. Appendix D will be amended to replace this part for private entities not Commenters were split on this the words ‘‘new 30′′ by 48′′ ’’ with the primarily engaged in transporting proposal. All commenting transit words ‘‘Part 38’’. people. authorities and providers agreed with 7. Typographical Errors the proposal, as did a few other § 37.3 [Amended] commenters. Many of these commenters The typographical errors in §§ 37.3 4. In part 37, § 37.3 the definition of clearly conditioned their support on the and 37.11(a) will be corrected as the term ‘‘Designated public Department ensuring that the change described in the NPRM. transportation’’ is amended by replacing 25416 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Rules and Regulations the word ‘‘containing’’ with the word 9. In Part 37, § 37.127(e) is revised to (2) In the event of any change in ‘‘continuing.’’ read as follows: circumstances that results in an entity 5. In Part 37, § 37.7 is amended by which has submitted a certification of § 37.127 Complementary paratransit continued compliance falling short of revising paragraph (b)(2)(ii) and service for visitors. removing and reserving (b)(2)(iii) to read compliance with §§ 37.121–37.133, the as follows: * * * * * entity shall immediately notify FTA in (e) A public entity shall make the writing of the problem. In this case, the § 37.7 Standards for accessible vehicles. service to a visitor required by this entity shall also file a plan update section available for any combination of * * * * * meeting the requirements of §§ 37.137– 21 days during any 365-day period (b) * * * 37.139 of this part on the next following beginning with the visitor’s first use of (2) * * * January 26 and in each succeeding year the service during such 365-day period. (ii) Specific provision of part 38 of until the entity returns to full In no case shall the public entity require this title concerning which the entity is compliance. a visitor to apply for or receive seeking a determination of equivalent (3) An entity that has demonstrated facilitation. eligibility certification from the public entity before receiving the service undue financial burden to the FTA shall * * * * * required by this section. file a plan update meeting the 6. In Part 37, § 37.9 is amended by 10. In part 37, § 37.131(b)(4) is revised requirements of §§ 37.137–37.139 of this revising paragraph (d)(2)(ii) to read as to read as follows: part on each January 26 until full follows and removing and reserving compliance with §§ 37.121–37.133 is (d)(2)(iii): § 37.131 Service criteria for attained. complementary paratransit. (4) If FTA reasonably believes that an § 37.9 Standards for accessible facilities. * * * * * entity may not be fully complying with * * * * * (b)* * * all service criteria, FTA may require the (d) * * * * * * * * entity to provide an annual update to its (2) * * * (4) The entity may permit advance plan. (ii) Specific provision of Appendix A reservations to be made up to 14 days to Part 37 concerning which the entity in advance of an ADA paratransit Appendix D [Amended] is seeking a determination of equivalent eligible individual’s desired trips. When 12. In Part 37, Appendix D, the facilitation. an entity proposes to change its paragraph entitled ‘‘Section 37.13 * * * * * reservations system, it shall comply Effective Date for Certain Vehicle Lift with the public participation Specifications’’ is proposed to be § 37.11 [Amended] requirements equivalent to those of amended by replacing the words ‘‘new 7. In part 37, § 37.11(a) is amended by § 37.131(b) and (c). 30′′ by 48′′’’ with the words ‘‘Part 38.’’ replacing the words ‘‘subpart F’’ with * * * * * the words ‘‘subpart C.’’ 11. In Part 37, § 37.135 is amended by § 38.173 [Amended] 8. In Part 37, § 37.101 is amended by revising paragraph (c) to read as follows: 13. In part 38, § 38.173(a) is amended adding a new paragraph (e), to read as § 37.135 Submission of paratransit plan. by adding the words ‘‘(i.e., at a speed of follows: no more than 20 miles per hour at any * * * * * location on their route during normal § 37.101 Purchase or lease of vehicles by (c) Annual Updates. Except as operation)’’ after the words ‘‘slow private entities not primarily engaged in the provided in this paragraph, each entity speed.’’ business of transporting people. shall submit an annual update to its * * * * * plan on January 26 of each succeeding 14. In part 38, § 38.173(d) is amended (e) Demand Responsive System, year. by adding the following sentence at the Vehicle Capacity of 16 or Fewer. (1) If an entity has met and is end thereof, to read as follows: Entities providing demand responsive continuing to meet all requirements for § 38.173 Automated guideway transit transportation covered under this complementary paratransit in vehicles and systems. section are not specifically required to §§ 37.121–37.133 of this part, the entity * * * * * ensure that new vehicles with seating may submit to FTA an annual (d) * * * AGT systems whose capacity of 16 or fewer are accessible to certification of continued compliance in vehicles travel at a speed of more than individuals with wheelchairs. These lieu of a plan update. Entities that have 20 miles per hour at any location on entities are required to ensure that their submitted a joint plan under § 37.141 their route during normal operation are systems, when viewed in their entirety, may submit a joint certification under covered under this paragraph rather meet the equivalent service this paragraph. The requirements of than under paragraph (a) of this section. requirements of §§ 37.171 and 37.105, §§ 37.137–37.139 do not apply when a regardless of whether or not the entities certification is submitted under this [FR Doc. 96–11935 Filed 5–20–96; 8:45 am] purchase a new vehicle. paragraph. BILLING CODE 4910±62±P 25417

Proposed Rules Federal Register Vol. 61, No. 99

Tuesday, May 21, 1996

This section of the FEDERAL REGISTER Directorate, 1601 Lind Avenue, SW., Havilland Model DHC–7 series contains notices to the public of the proposed Renton, Washington. airplanes. Transport Canada Aviation issuance of rules and regulations. The FOR FURTHER INFORMATION CONTACT: Sol advises that it has received a report purpose of these notices is to give interested Maroof, Aerospace Engineer, Airframe indicating that, during a routine persons an opportunity to participate in the inspection, disbonding was discovered rule making prior to the adoption of the final and Propulsion Branch, ANE–171, FAA, rules. New York Aircraft Certification Office, on a fuselage skin panel. Investigation Engine and Propeller Directorate, 10 revealed that the apparent cause of the Fifth Street, Third Floor, Valley Stream, disbonding was due to the initial DEPARTMENT OF TRANSPORTATION New York 11581; telephone (516) 256– material preparation process that was 7522; fax (516) 568–2716. used on the fuselage skin panels during Federal Aviation Administration manufacture. Such disbonding, if not SUPPLEMENTARY INFORMATION: corrected, could result in degradation of 14 CFR Part 39 Comments Invited the structural capability of the airplane fuselage. [Docket No. 95±NM±264±AD] Interested persons are invited to RIN 2120±AA64 participate in the making of the Explanation of Relevant Service proposed rule by submitting such Information Airworthiness Directives; de Havilland written data, views, or arguments as Bombardier has issued Service Model DHC±7 Series Airplanes they may desire. Communications shall Bulletin S.B. 7–51–1, Revision ‘A’, identify the Rules Docket number and dated March 31, 1995, which describes AGENCY: Federal Aviation be submitted in triplicate to the address Administration, DOT. procedures for conducting repetitive specified above. All communications non-destructive inspections of de ACTION: Notice of proposed rulemaking received on or before the closing date Havilland Model DHC–7 series (NPRM). for comments, specified above, will be airplanes to detect disbonding of the SUMMARY: This document proposes the considered before taking action on the fuselage skin panels. Transport Canada adoption of a new airworthiness proposed rule. The proposals contained Aviation classified this service bulletin directive (AD) that is applicable to in this notice may be changed in light as mandatory and issued Canadian certain de Havilland Model DHC–7 of the comments received. airworthiness directive CF–94–15 in series airplanes. This proposal would Comments are specifically invited on order to assure the continued require repetitive non-destructive the overall regulatory, economic, airworthiness of these airplanes in inspections to detect disbonding of environmental, and energy aspects of Canada. the proposed rule. All comments fuselage skin panels, and repair, if FAA’s Conclusions necessary. This proposal is prompted by submitted will be available, both before This airplane model is manufactured a report of disbonding on fuselage skin and after the closing date for comments, in Canada and is type certificated for panels, which was attributed to a in the Rules Docket for examination by operation in the United States under the manufacturing process error. The interested persons. A report provisions of section 21.29 of the actions specified by the proposed AD summarizing each FAA-public contact Federal Aviation Regulations (14 CFR are intended to prevent disbonding of concerned with the substance of this 21.29) and the applicable bilateral the skin panels of the fuselage, which proposal will be filed in the Rules airworthiness agreement. Pursuant to could result in degradation of the Docket. Commenters wishing the FAA to this bilateral airworthiness agreement, structural capability of the airplane acknowledge receipt of their comments Transport Canada Aviation has kept the fuselage. submitted in response to this notice FAA informed of the situation described DATES: Comments must be received by must submit a self-addressed, stamped above. The FAA has examined the July 1, 1996. postcard on which the following findings of Transport Canada Aviation, ADDRESSES: Submit comments in statement is made: ‘‘Comments to reviewed all available information, and triplicate to the Federal Aviation Docket Number 95–NM–264–AD.’’ The determined that AD action is necessary Administration (FAA), Transport postcard will be date stamped and for products of this type design that are Airplane Directorate, ANM–103, returned to the commenter. certificated for operation in the United Attention: Rules Docket No. 95–NM– States. 264–AD, 1601 Lind Avenue, SW., Availability of NPRMs Explanation of the Requirements of the Renton, Washington 98055–4056. Any person may obtain a copy of this Proposed Rule Comments may be inspected at this NPRM by submitting a request to the location between 9:00 a.m. and 3:00 FAA, Transport Airplane Directorate, Since an unsafe condition has been p.m., Monday through Friday, except ANM–103, Attention: Rules Docket No. identified that is likely to exist or Federal holidays. 95–NM–264–AD, 1601 Lind Avenue, develop on other airplanes of the same The service information referenced in SW., Renton, Washington 98055–4056. type design, the proposed AD would the proposed rule may be obtained from require repetitive non-destructive Bombardier, Inc., Bombardier Regional Discussion inspections to detect disbonding of the Aircraft Division, Garratt Boulevard, Transport Canada Aviation, which is fuselage skin panels. These inspections Downsview, Ontario, Canada M3K 1Y5. the airworthiness authority for Canada, would be required to be accomplished This information may be examined at recently notified the FAA that an unsafe in accordance with the service bulletin the FAA, Transport Airplane condition may exist on certain de described previously. 25418 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

If any disbonding is detected on any 39 of the Federal Aviation Regulations a location where the requirements of this AD fuselage skin panel, its repair would be (14 CFR part 39) as follows: can be accomplished. required to be accomplished in Issued in Renton, Washington, on May 14, accordance with a method approved by PART 39ÐAIRWORTHINESS 1996. the FAA. DIRECTIVES S. R. Miller, Acting Manager,Transport Airplane Cost Impact 1. The authority citation for part 39 Directorate, Aircraft Certification Service. continues to read as follows: The FAA estimates that 50 de [FR Doc. 96–12602 Filed 5–20–96; 8:45 am] Havilland Model DHC–7 series Authority: 49 U.S.C. 106(g), 40113, 44701. BILLING CODE 4910±13±P airplanes of U.S. registry would be § 39.13 [Amended] affected by this proposed AD, that it would take approximately 18 work 2. Section 39.13 is amended by 14 CFR Part 39 adding the following new airworthiness hours per airplane to accomplish the [Docket No. 96±NM±54±AD] proposed inspections, and that the directive: average labor rate is $60 per work hour. De Havilland, Inc: Docket 95–NM–264–AD. RIN 2120±AA64 Based on these figures, the cost impact Applicability: Model DHC–7 series Airworthiness Directives; Beech of the proposed AD on U.S. operators is airplanes, serial numbers 003 through 113 estimated to be $54,000, or $1,080 per inclusive, certificated in any category. (Raytheon) Model Hawker 1000 and BAe 125±1000A Series Airplanes airplane, per inspection cycle. Note 1: This AD applies to each airplane The cost impact figure discussed identified in the preceding applicability AGENCY: Federal Aviation above is based on assumptions that no provision, regardless of whether it has been Administration, DOT. operator has yet accomplished any of modified, altered, or repaired in the area subject to the requirements of this AD. For ACTION: Notice of proposed rulemaking the proposed requirements of this AD airplanes that have been modified, altered, or (NPRM). action, and that no operator would repaired so that the performance of the accomplish those actions in the future if requirements of this AD is affected, the SUMMARY: This document proposes the this AD were not adopted. owner/operator must request approval for an supersedure of an existing airworthiness alternative method of compliance in directive (AD), applicable to Beech Regulatory Impact accordance with paragraph (b) of this AD. (Raytheon) Model Hawker 1000 and The regulations proposed herein The request should include an assessment of BAe 125–1000A series airplanes, that would not have substantial direct effects the effect of the modification, alteration, or currently requires inspections to detect on the States, on the relationship repair on the unsafe condition addressed by various discrepancies of the fuel hose this AD; and, if the unsafe condition has not between the national government and assemblies on the auxiliary power unit been eliminated, the request should include (APU), and correction of any the States, or on the distribution of specific proposed actions to address it. power and responsibilities among the discrepancy found. That AD was Compliance: Required as indicated, unless prompted by several reports of heat various levels of government. Therefore, accomplished previously. in accordance with Executive Order To prevent disbonding of the skin panels damage to the fuel hose assembly on the 12612, it is determined that this of the fuselage, which could result in APU. This action would add a proposal would not have sufficient degradation of the structural capability of the requirement to replace the existing federalism implications to warrant the airplane fuselage, accomplish the following: conduit of the fuel feed hose with new preparation of a Federalism Assessment. (a) Within 6 months after the effective date improved conduit, which would For the reasons discussed above, I of this AD, perform a non-destructive terminate the repetitive inspections. The inspection to detect disbonding of the actions specified by the proposed AD certify that this proposed regulation (1) fuselage skin panels, in accordance with the is not a ‘‘significant regulatory action’’ are intended to prevent failure of a fuel Accomplishment Instructions of Bombardier hose due to heat damage caused by under Executive Order 12866; (2) is not Service Bulletin S.B. 7–51–1, Revision ’A’, a ‘‘significant rule’’ under the DOT dated March 31, 1995. incorrect routing or bleed air leakage; Regulatory Policies and Procedures (44 (1) If no disbonding is detected, repeat the such failure could result in a FR 11034, February 26, 1979); and (3) if inspection thereafter at intervals not to malfunction of the APU, a fuel fire in promulgated, will not have a significant exceed 3 years. the fuselage rear equipment bay, and economic impact, positive or negative, (2) If any disbonding is detected, prior to reduced structural integrity of the on a substantial number of small entities further flight, repair it in accordance with a surrounding structure. method approved by the Manager, New York DATES: Comments must be received by under the criteria of the Regulatory Aircraft Certification Office (ACO), FAA, Flexibility Act. A copy of the draft Engine and Propeller Directorate. July 1, 1996. regulatory evaluation prepared for this (b) An alternative method of compliance or ADDRESSES: Submit comments in action is contained in the Rules Docket. adjustment of the compliance time that triplicate to the Federal Aviation A copy of it may be obtained by provides an acceptable level of safety may be Administration (FAA), Transport contacting the Rules Docket at the used if approved by the Manager, New York Airplane Directorate, ANM–103, location provided under the caption ACO. Operators shall submit their requests Attention: Rules Docket No. 96–NM– ADDRESSES. through an appropriate FAA Principal 54–AD, 1601 Lind Avenue, SW., Maintenance Inspector, who may add Renton, Washington 98055–4056. List of Subjects in 14 CFR Part 39 comments and then send it to the Manager, New York ACO. Comments may be inspected at this Air transportation, Aircraft, Aviation location between 9:00 a.m. and 3:00 Note 2: Information concerning the safety, Safety. existence of approved alternative methods of p.m., Monday through Friday, except Federal holidays. The Proposed Amendment compliance with this AD, if any, may be obtained from the New York ACO. The service information referenced in Accordingly, pursuant to the (c) Special flight permits may be issued in the proposed rule may be obtained from authority delegated to me by the accordance with sections 21.197 and 21.199 Beech Aircraft Corporation, Hawker Administrator, the Federal Aviation of the Federal Aviation Regulations (14 CFR Customer Support Department, P.O. Box Administration proposes to amend part 21.197 and 21.199) to operate the airplane to 85, Wichita, Kansas 67201–0085. This Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25419 information may be examined at the unit (APU), and correction of any accordance with Beech (Hawker/ FAA, Transport Airplane Directorate, discrepancy found. That action was Raytheon) Service Bulletin SB.49–47– 1601 Lind Avenue, SW., Renton, prompted by several reports of heat 25A825A, dated August 1, 1995, as Washington. damage to the fuel hose assembly on the described previously. FOR FURTHER INFORMATION CONTACT: Karl APU. The requirements of that AD are The FAA has determined that long Schletzbaum, Aerospace Engineer, intended to prevent failure of a fuel term continued operational safety will ACE–116W, Wichita Aircraft hose due to heat damage caused by be better assured by modifications or Certification Office, FAA, Small incorrect routing or bleed air leakage; design changes to remove the source of Airplane Directorate, 1801 Airport such failure could result in a the problem, rather than by repetitive Road, Room 100, Mid-Continent malfunction of the APU, a fuel fire in inspections. Long term inspections may Airport, Wichita, Kansas; telephone the fuselage rear equipment bay, and not be providing the degree of safety (316) 946–4146; fax (316) 946–4407. reduced structural integrity of the assurance necessary for the transport surrounding structure. airplane fleet. This, coupled with a SUPPLEMENTARY INFORMATION: better understanding of the human Actions Since Issuance of AD 95–10–01 Comments Invited factors associated with numerous Since the issuance of that AD, the repetitive inspections, has led the FAA Interested persons are invited to FAA has reviewed and approved Beech to consider placing less emphasis on participate in the making of the (Hawker/Raytheon) Service Bulletin special procedures and more emphasis proposed rule by submitting such SB.49–47–25A825A, dated August 1, on design improvements. The proposed written data, views, or arguments as 1995, which describes procedures for modification requirement is in they may desire. Communications shall the replacement of existing vinyl consonance with these considerations. identify the Rules Docket number and conduit (Pt. No. SLV–40–11⁄2)of the fuel be submitted in triplicate to the address feed hose for the APU with a new Cost Impact specified above. All communications improved conduit (Pt. No. 20 97 04415). There are approximately 48 Beech received on or before the closing date The new conduit is made from Model Hawker 1000 and BAe 125– for comments, specified above, will be convoluted PTFE (a commercial fluoro 1000A series airplanes of the affected considered before taking action on the plastic tubing), which can withstand design in the worldwide fleet. The FAA proposed rule. The proposals contained temperatures of up to 240 degrees estimates that 31 airplanes of U.S. in this notice may be changed in light Centigrade. Accomplishment of this registry would be affected by this of the comments received. replacement eliminates the need for proposed AD. Comments are specifically invited on repetitive inspections, as described in The actions that are currently the overall regulatory, economic, Raytheon Service Bulletin SB 49–44, required by AD 95–10–01 take environmental, and energy aspects of dated January 20, 1995 (which was cited approximately 1 work hour per airplane the proposed rule. All comments in AD 95–10–01 as the appropriate to accomplish, at an average labor rate submitted will be available, both before source of service information). of $60 per work hour. Based on these and after the closing date for comments, figures, the cost impact on U.S. FAA’s Conclusions in the Rules Docket for examination by operators of the actions currently interested persons. A report The FAA has determined that required is estimated to be $1,860, or summarizing each FAA-public contact replacement of the existing conduit with $60 per airplane, per inspection cycle. concerned with the substance of this convoluted PTFE tubing will positively The new actions that are proposed in proposal will be filed in the Rules address the unsafe condition identified this AD action would take Docket. as failure of a fuel hose due to heat approximately 4 work hours per Commenters wishing the FAA to damage caused by incorrect routing or airplane to accomplish, at an average acknowledge receipt of their comments bleed air leakage; such failure could labor rate of $60 per work hour. submitted in response to this notice result in a malfunction of the APU, a Required parts would cost must submit a self-addressed, stamped fuel fire in the fuselage rear equipment approximately $218 per airplane. Based postcard on which the following bay, and reduced structural integrity of on these figures, the cost impact on U.S. statement is made: ‘‘Comments to the surrounding structure. operators of the new proposed Docket Number 96–NM–54–AD.’’ The Explanation of the Requirements of the requirements of this AD is estimated to postcard will be date stamped and Proposed Rule be $14,198, or $458 per airplane. returned to the commenter. The cost impact figures discussed Since an unsafe condition has been above are based on assumptions that no Availability of NPRMs identified that is likely to exist or operator has yet accomplished any of Any person may obtain a copy of this develop on other products of this same the current or proposed requirements of NPRM by submitting a request to the type design, the proposed AD would this AD action, and that no operator FAA, Transport Airplane Directorate, supersede AD 95–10–01. It would would accomplish those actions in the ANM–103, Attention: Rules Docket No. continue to require inspections to detect future if this AD were not adopted. 96–NM–54–AD, 1601 Lind Avenue, various discrepancies of the fuel hose SW., Renton, Washington 98055–4056. assemblies on the auxiliary power unit Regulatory Impact (APU), and correction of any The regulations proposed herein Discussion discrepancy found. However, this would not have substantial direct effects On April 27, 1995, the FAA issued proposed AD also would add a new on the States, on the relationship AD 95–10–01, amendment 39–9218 (60 requirement to replace the existing vinyl between the national government and FR 22501, May 8, 1995), applicable to conduit of the fuel feed hose for the the States, or on the distribution of certain Beech (Raytheon) Model Hawker APU with a new improved conduit, power and responsibilities among the 1000 and BAe 125–1000A series which would constitute terminating various levels of government. Therefore, airplanes, to require inspections to action for the repetitive inspection in accordance with Executive Order detect various discrepancies of the fuel requirements. The new action would be 12612, it is determined that this hose assemblies on the auxiliary power required to be accomplished in proposal would not have sufficient 25420 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules federalism implications to warrant the been eliminated, the request should include (d) Special flight permits may be issued in preparation of a Federalism Assessment. specific proposed actions to address it. accordance with sections 21.197 and 21.199 For the reasons discussed above, I Note 2: Beech (Raytheon) Model BAe 125– of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to certify that this proposed regulation (1) 1000B series airplanes are similar in design to the airplanes that are subject to the a location where the requirements of this AD is not a ‘‘significant regulatory action’’ requirements of this AD and, therefore, also can be accomplished. under Executive Order 12866; (2) is not may be subject to the unsafe condition Issued in Renton, Washington, on May 14, a ‘‘significant rule’’ under the DOT addressed by this AD. However, as of the 1996. Regulatory Policies and Procedures (44 effective date of this AD, those models are S.R. Miller, FR 11034, February 26, 1979); and (3) if not type certificated for operation in the United States. Airworthiness authorities of Acting Manager, Transport Airplane promulgated, will not have a significant Directorate, Aircraft Certification Service. economic impact, positive or negative, countries in which the Model BAe 125– [FR Doc. 96–12601 Filed 5–20–96; 8:45 am] on a substantial number of small entities 1000B series airplanes are approved for under the criteria of the Regulatory operation should consider adopting BILLING CODE 4910±13±U Flexibility Act. A copy of the draft corrective action, applicable to those models, that is similar to the corrective action regulatory evaluation prepared for this required by this AD. 14 CFR Part 158 action is contained in the Rules Docket. Compliance: Required as indicated, unless [Docket No. 27791; Notice No. 96±3A] A copy of it may be obtained by accomplished previously. contacting the Rules Docket at the To prevent failure of a fuel hose assembly RIN 2120±AF69 location provided under the caption on the auxiliary power unit (APU), which ADDRESSES. could result in a malfunction of the APU, a Passenger Facility Charges potential fuel fire in the fuselage rear bay, List of Subjects in 14 CFR Part 39 and reduced structural integrity of the AGENCY: Federal Aviation Air transportation, Aircraft, Aviation surrounding structure, accomplish the Administration, DOT. safety, Safety. following: ACTION: Advance notice of proposed (a) Within 30 days after May 23, 1995 (the rulemaking (ANPRM); extension of The Proposed Amendment effective date of AD 95–10–01, amendment comment period. 39–9218), perform inspections to detect Accordingly, pursuant to the discrepancies of the fuel feed hose SUMMARY: This document announces an authority delegated to me by the assemblies on the APU; an inspection to extension of the comment period on The Administrator, the Federal Aviation assure proper positioning of the air leak ANPRM entitled, ‘‘Passenger Facility Administration proposes to amend part detection system; and an inspection of the Charges’’ (61 FR 16678; April 16, 1996). 39 of the Federal Aviation Regulations bleed air system for signs of leakage; in This comment period is extended from (14 CFR part 39) as follows: accordance with paragraph 2.B. of the Accomplishment Instructions of Raytheon May 16, 1996, until August 16, 1996. PART 39ÐAIRWORTHINESS Service Bulletin SB 49–44, dated January 20, The extension responds to the request of DIRECTIVES 1995. the Air Transport Association of (1) If no discrepancy is found: Thereafter, America (ATA) and is needed to permit 1. The authority citation for part 39 following the last flight of each day, perform ATA, and other affected parties, continues to read as follows: an inspection to detect discoloration of the additional time to develop comments fuel hose assembly (outlet from the fuel responsive to the ANPRM. Authority: 49 U.S.C 106(g), 40113, 44701. pump box) on the APU, in accordance with DATES: The comment period is being § 39.13 [Amended] paragraph 2.B.(2) and 2.C. of the Accomplishment Instructions of the service extended from May 16, 1996, to August 2. Section 39.13 is amended by bulletin. 16, 1996. removing amendment 39–9218 (60 FR (2) If any discrepancy is found, prior to ADDRESSES: As stated in Notice No. 96– 22501, May 8, 1995), and by adding a further flight, correct the discrepancy in 3, comments should be mailed or new airworthiness directive (AD), to accordance with paragraph 2.B. of the delivered in triplicate, to: Federal read as follows: Accomplishment Instructions of the service Aviation Administration, Office of the bulletin. Beech Aircraft Corporation (formerly (b) Within 200 flight hours after the Chief Counsel, Attn: Rules Docket DeHavilland; Hawker Siddeley; British effective date of this AD, replace the existing (AGC–200), Docket No. 27791, 800 Aerospace, plc; Raytheon Corporate Jets, conduit of the fuel feed hose for the auxiliary Independence Avenue, SW., Inc.): Docket 96–NM–54–AD. Supersedes power unit (APU) with new improved Washington, DC 20591. Comments AD 95–10–01, Amendment 39–9218. conduit (modification 25A825A), in delivered must be marked Docket No. Applicability: Model Hawker 1000 and accordance with Beech (Raytheon/Hawker) 27791. Comments may be examined in BAe 125–1000A series airplanes, post Service Bulletin SB.49–47–25A825A, dated Room 915G on weekdays, except modification 259722C, certificated in any August 1, 1995. Accomplishment of the Federal holidays, between 8:30 a.m. and category. replacement constitutes terminating action 5:00 p.m. Note 1: This AD applies to each airplane for paragraph (a) of this AD. FOR FURTHER INFORMATION CONTACT: identified in the preceding applicability (c) An alternative method of compliance or provision, regardless of whether it has been adjustment of the compliance time that Sheryl Scarborough, Passenger Facility otherwise modified, altered, or repaired in provides an acceptable level of safety may be Charge Branch (App–530), Airports the area subject to the requirements of this used if approved by the Manager, Wichita Financial Assistance Division, Office of AD. For airplanes that have been modified, Aircraft Certification Office (ACO), FAA, Airports Planning and Programming, altered, or repaired so that the performance Small Airplane Directorate. Operators shall Federal Aviation Administration, 800 of the requirements of this AD is affected, the submit their requests through an appropriate Independence Avenue, SW., owner/operator must request approval for an FAA Principal Maintenance Inspector, who Washington, DC 20591; telephone (202) may add comments and then send it to the alternative method of compliance in 267–8825. accordance with paragraph (c) of this AD. Manager, Wichita ACO. The request should include an assessment of Note 3: Information concerning the SUPPLEMENTARY INFORMATION: On April the effect of the modification, alteration, or existence of approved alternative methods of 16, 1996, the Federal Aviation repair on the unsafe condition addressed by compliance with this AD, if any, may be Administration (FAA) issued Notice No. this AD; and, if the unsafe condition has not obtained from the Wichita ACO. 96–3, entitled ‘‘Passenger Facility Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25421

Charges’’ that sought public comment DEPARTMENT OF HEALTH AND DEPARTMENT OF THE INTERIOR on changes to several sections of Title HUMAN SERVICES 14, Code of Federal Regulations, Part Minerals Management Service 158 that deal with the collection, Food and Drug Administration 30 CFR Parts 202, 206, and 211 handling, and remittance of PFC’s. The 21 CFR Part 101 notice specified the quantity and quality RIN 1010±AC02 of airline cost data necessary for the [Docket Nos. 91N±384H and 95P±0241] Amendments to Gas Valuation FAA to determine an adequate rate of RIN 0910±AA19 airline compensation. In addition, the Regulations for Federal Leases notice included several proposed Food Labeling: Nutrient Content AGENCY: Minerals Management Service, modifications to part 158 that would Claims, Definition of Term: Healthy Interior. allow air carriers to be compensated ACTION: Notice of reopening of public AGENCY: Food and Drug Administration, based on PFC’s collected; would comment period. implement the statutory prohibition HHS. (FAA Authorization Act of 1994) on ACTION: Proposed rule; correction. SUMMARY: The Minerals Management Service (MMS) is reopening the public collection of PFC’s from passengers The Food and Drug Administration traveling on frequent flyer awards; and comment period under a proposed rule (FDA) is correcting a proposed rule that published in the Federal Register on clarified various terms. Finally, the appeared in the Federal Register of notice requested comments on several November 6, 1995, amending the February 12, 1996 (61 FR 5349). The regulations governing the valuation for proposals dealing with ways to document proposed to amend the food safeguard PFC revenue in the event of royalty purposes of natural gas labeling regulations to permit certain produced from Federal leases (60 FR carrier bankruptcy. processed fruits and vegetables and 56007). In the December 13, 1995, By a request dated April 23, 1996, enriched cereal-grain products that Federal Register we extended the ATA asked that the comment period be conform to a standard of identity to bear comment period through February 5, extended 90 days to allow interested the term ‘‘healthy.’’ The document was 1996 (60 FR 64000). Based on the parties to respond adequately to the published with an inadvertent error. diversity of comments received under complex issues in the notice. ATA states This document corrects that error. the proposed rule, in this notice we are that in light of the demands that the cost DATES: Written comments by July 18, publishing a summary of those data guidance will place upon 1996. FDA proposes that any final rule comments, outlining five options for responding carriers and the carrier that may issue based on this proposal proceeding with further rulemaking, response rate that the FAA has become effective on the date of and requesting public comment on the established, an extension is needed to publication in the Federal Register. five options. permit the submission of the ADDRESSES: Submit written comments to DATES: Comments must be submitted on information in the detail and to the the Dockets Management Branch (HFA– or before July 22, 1996. extent that the FAA wishes. 305), Food and Drug Administration, ADDRESSES: You must send comments 12420 Parklawn Dr., rm. 1–23, The FAA has determined that an to: David S. Guzy, Chief, Rules and Rockville, MD 20857. extension of the comment period will Procedures Staff, Minerals Management allow ATA and its members additional FOR FURTHER INFORMATION CONTACT: Service, Royalty Management Program, Felicia B. Satchell, Center for Food time for a more thorough review of P.O. Box 25165, MS 3101, Denver, Safety and Applied Nutrition (HFS– applicable issues and questions raised Colorado 80225–0165, telephone (303) 158), Food and Drug Administration, by the ANPRM, and the drafting of 231–3432, fax (303) 231–3194, e-Mail 200 C St. SW., Washington, DC 20204, Davidl [email protected], courier responsive comments. 202–205–5099. delivery to building 85, Room A–212, In order, therefore, to give all In FR Doc. 96–2980, appearing on Denver Federal Center, Denver, CO interested persons additional time to page 5349 in the Federal Register of 80225. complete their comments, the FAA Monday, February 12, 1996, the FOR FURTHER INFORMATION CONTACT: finds that it is in the public interest to discussion that appears on page 5354 in David S. Guzy, Chief, Rules and extend the comment period. the first column under the heading ‘‘V. Procedures Staff, Minerals Management Accordingly, the comment period will Environmental Impact’’ is corrected by Service, Royalty Management Program, close on August 16, 1996. removing the paragraph that appears telephone (303) 231–3432, fax (303) there in its entirety and adding in its 231–3194, e-Mail Issued in Washington, DC, on May 16, place ‘‘The agency has determined [email protected]. 1996. under 21 CFR 25.24(a)(11) that this Paul L. Galis, action is of a type that does not SUPPLEMENTARY INFORMATION: Director, Office of Airport Planning and individually or cumulatively have a I. Background Programming. significant effect on the human environment. Therefore, neither an On June 27, 1994, in response to the [FR Doc. 96–12739 Filed 5–16–96; 3:32 pm] Vice President’s National Performance BILLING CODE 4910±13±M environmental assessment nor an environmental impact statement is Review, the Secretary chartered the required.’’ Federal Gas Valuation Negotiated Rulemaking Committee (Committee) for Dated: May 15, 1996. the purpose of improving the William K. Hubbard, regulations that govern the valuation, Associate Commissioner for Policy for royalty purposes, of gas produced Coordination. from Federal leases. The Committee was [FR Doc. 96–12689 Filed 5–20–96; 8:45 am] comprised of representatives from large BILLING CODE 4160±01±F oil and gas companies, independents, 25422 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules trade associations, States, and MMS. We We also received comments on five They pointed out that gross proceeds asked the Committee to address the specific issues associated with the should be acceptable and that the rule valuation and reporting of gas from proposed amendments for which should state so explicitly. approved Federal unit and comments were requested: A form letter was submitted by 17 communitization agreements and the 1. How should we improve the small independents outlining their valuation of gas sold under non-arm’s- benchmarks (at 30 CFR § 206.152(c) and concerns. They asserted that the rule, length contracts. We later expanded the 206.153(c)) for valuing gas sold under because of the increased costs under charter of the Committee to include the non-arm’s-length contracts when the gas index valuation (and associated safety valuation of gas sold under arm’s-length is not subject to the alternative net median value and transportation contracts in a post-Federal Energy valuation methods? allowance requirements), would violate Regulatory Commission Order No. 636 2. Should we require royalties on the Regulatory Flexibility Act. Many marketing environment. Other issues, amounts received by lessees using claimed that they did not have the staff such as allowable gathering and index-based valuation for gas contract to implement the different options and compression deductions, transportation settlements entered into after the to track the published index points. allowance determinations, effective date of the rule? They also cited overall concerns that a transportation and processing allowance 3. What should be the consequences more complex rule coupled low prices forms, and dual accounting, also were if we do not publish the final safety net and higher transportation costs, the subject of the Committee’s attempt median value (as defined in the particularly in the Rocky Mountains, at streamlining and simplifying the November 6, 1995, Federal Register would harm them. However, one large procedures for valuing Federal gas. Notice) within 2 years after the end of independent expressed its support for On November 6, 1995, we published the relevant calendar year? index-based valuation. a proposed rule reflecting the consensus 4. How should we process a credit for royalties paid on volumes in excess of All independents objected to paying decisions of the Committee that would additional royalties under the safety net amend the regulations governing the the volume a lessee is entitled to take from a mixed agreement during the median value procedure if MMS is late valuation of Federal gas. The in publishing the final safety net median amendments would add several relevant calendar year? 5. How should we address the value. Many objected to comparing spot alternative valuation methods to the additional reporting on the Report of sales valued on an index price to other existing regulations. The amendments Sales and Royalty Remittance (Form types of sales valued on gross proceeds would allow lessees to choose from MMS–2014) that would be necessary to under the safety net procedure. They several options for valuing gas for implement the proposed rule? also objected to paying royalties on their royalty purposes, including for example entitled share of production under a published index prices, affiliated II. Summary of Public Comments mixed agreement because it would companies’ arm’s-length resale prices, We received comments from 44 discriminate against them as a small and residue gas prices applied to the entities, including independents, major producer who cannot market its full wellhead. The amendments would oil and gas companies, trade share of production every month. eliminate several administrative associations, States, a royalty owner, Both small and large independents functions such as allowance form filing and a pipeline company. Below is a supported: and accounting for comparison, also summary of those comments. On (1) eliminating the allowance forms known as ‘‘dual accounting’’ as well as January 22, 1996, we held a public and dual accounting for Federal leases, redefine specific terms to provide meeting to receive verbal comments on (2) using a residue gas price or an certainty regarding their deductibility the proposed rule. Five industry index price to value gas at the wellhead, from royalty. The amendments would participants provided verbal comments and also clarify who is responsible for that were consistent with the written (3) the new definitions of gathering reporting and paying royalties on gas comments submitted by their companies produced from approved Federal and compression. In addition, the larger or trade associations. We have a independents recommended: agreements containing a mix of leases transcript of those comments available with different lessors, royalty rates, or (1) reordering the benchmarks for for review. If you are interested in valuing mixed agreement production to funds recipients, so called ‘‘mixed reviewing either the written comments agreements’’. which the lessee is entitled but does not in full or the transcript of the public sell, While the proposed rule reflected the meeting, you may contact David S. consensus decisions of the Committee, Guzy, Chief, Rules and Procedures Staff, (2) including exceptions to we received many comments opposing Minerals Management Service, Royalty entitlements reporting for mixed the proposed valuation alternatives and Management Program, telephone (303) agreements and exceptions to takes the reporting and payment requirements 231–3432, fax (303) 231–3194, e-Mail reporting (as explained in the June 9, for mixed agreements. Many of the Davidl [email protected]. A 1995, Federal Register, 60 FR 30492, comments focused on the complexity of complete set of the public comments is Amendments of Regulations to Establish the rule that arose from trying to also available on the Internet at Liability for Royalty Due on Federal and develop options for valuing gas sold www.rmp.mms.gov. Indian Leases, and To Establish under an array of marketing Responsibility to Pay and Report environments. While many comments Independents (24 Commenters) Royalty and Other Payments) for were supportive of allowing various In general, most independents agreements containing only Federal options, clarifying terms, and opposed index pricing as a valuation leases with the same royalty rate and eliminating certain administrative alternative. They claimed its complexity fund recipients, so-called 100 percent burdens, we received a significant discriminates against them from a Federal agreements, and number of comments that raise concerns competitive standpoint. They also (3) clarifying that royalties must be about whether we should proceed in feared that index-based valuation would reported and paid on a lessee’s takes for publishing a final rule based on the lead to it becoming a minimum for 100 percent Federal agreements. consensus of the Committee. royalties in excess of gross proceeds. The larger independents opposed: Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25423

(1) the provision denying royalty-free —Allowance forms, condition’’ requirement applicable to use of gas downstream from the facility —Dual accounting, gross proceeds. measurement point (FMP), —Wellhead valuation option, The States also believed there should (2) the proposal to require royalties on —Takes for 100 percent Federal be no limit on additional royalties under gas contract settlement monies received agreements with exceptions, the safety net median value procedure by payors using index-based valuation, —Mixed agreement benchmarks, because: (3) the concept of looking to an —Royalty-free use of gas downstream of (1) the median value calculation affiliate’s resale under the benchmarks, the FMP, protects the lessee from high-priced and —Royalties on gas contract settlement contracts, (4) the exclusion of coalbed methane monies, (2) the limits were only agreed to for consideration as a separate zone (as —Late publication of the final safety net prior to developing the abundance of defined in the November 6, 1995, median value, options, and Federal Register Notice) under index- —Looking to an affiliate’s resale price, (3) lessees should pay on the full based valuation. and market value of production, not a —Coalbed methane. percentage. Majors (9 Commenters) They also recommended: The States were concerned that index The majors held the same views as the (1) allowing all compression after the prices or residue gas prices applied to independents on many issues: separator as a cost of transportation, the wellhead would cost them revenues (2) retaining the term ‘‘location because of the forgone loss of the value —Allowance forms, differential’’ as adopted by the of liquids extracted from the gas. —Dual accounting, Committee (in the March 1995 Final Further, the States believed that there —Wellhead valuation option, Report of the Committee) in situations should be no interest holiday for the —Takes for 100 percent Federal where the lessee’s gas does not flow to period prior to the initial safety net agreements with exceptions, the Index Pricing Point (as defined in median value calculation (that is, —The mixed agreement benchmarks, the November 6, 1995, Federal Register interest should accrue from the date of —Royalty-free use of gas downstream of Notice) used for valuation, and production). They stressed that accurate the FMP, (3) allowing full depreciation on all reporting is critical to the safety net —Royalties on gas contract settlement newly purchased transportation or median value procedure. They were monies, processing facilities, regardless whether concerned that the new gathering —Late publication of the final safety net previously depreciated under an MMS definition would lead to a loss in median value, schedule. royalty revenue, and suggested using the —Looking to an affiliate’s resale price, Most all independent, major, and FMP as the dividing line between and trade association commenters agreed gathering and transportation. The States —Coalbed methane. that all reporting issues should be left to supported or recommended: However, the majors diverged from the Royalty Policy Committee’s (1) entitlements for mixed agreements, independents regarding entitlements Subcommittee on Royalty Reporting and with no exception to pay on takes for reporting for mixed agreements and Production Accounting. small producers. One State opposed index-based valuation. In keeping with waiving interest for lessees paying on the consensus of the Committee, the States (3 Commenters) takes for the period prior to the deadline majors advocated entitlements for The States’ basically objected to the to pay on entitlements. mixed agreements and index-based option to allow index-based valuation. (2) royalties due on gas contract valuation as an alternative to gross A few could live with it if the safety net settlement monies, proceeds. median value procedure remained (3) new benchmarks providing for One major requested that the rule be intact. However, they objected to the great latitude in establishing value, more explicit that MMS is accepting a limits imposed on additional royalties including looking to an affiliate’s resale ‘‘range’’ of values for royalty purposes and the abundance of options for price and prices reported to public utility commissions or the Federal and that the highest one isn’t valuation. Therefore, they insisted on Energy Regulatory Commission, necessarily what determines value. retaining an election period minimum (4) excluding quality as a factor in They also wanted assurance that gross of 2 years for all options to prevent determining zones (such as for coalbed proceeds values would not be subject to manipulation of royalty valuation. They methane), and additional royalties by comparison to also pointed out perceived inequities (5) developing zones only within or indices. They opposed any additional between lessees paying on gross close to areas with valid index prices. royalties if MMS delays publishing the proceeds and those paying on an index final safety net median value. price: III. Options for Proceeding (1) The election procedure Trade Associations (6 Commenters) Because the comments on the discriminates against dedicated (as proposed rule were substantial, The various trade associations defined in the November 6, 1995, particularly from independents and the represented primarily majors, Federal Register Notice) contract States, we are considering five options independents, or both groups. holders who have no options but to pay for proceeding with a final rulemaking Therefore, their comments were mixed on gross proceeds. on the valuation of gas from Federal on several issues. Only two trade (2) Lessees paying on gross proceeds leases. We request comments from all associations, representing independents, are treated inequitably if lessees paying interested parties on each of the provided negative views towards index- on an index price are allowed to pay on following five options. based valuation. Understandably, their less than market value. comments were very similar to the (3) Lessees paying on gross proceeds Option 1 independents’ comments. have less transportation allowance —Publish a final rule implementing the In general, the trade associations held options. consensus of the Committee with the same views as the other industry (4) Lessees paying on an index price minor modifications reflecting the groups regarding: are excused from the ‘‘marketable comments received from the public. 25424 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

1. Write the final rule in plain arm’s-length sales in the pool including Option 4 English. sales by an affiliate. If the weighted —Retain the Committee’s index-based 2. Adopt the minor procedural and average index-based value is within method but propose changes to technical improvements suggested in plus or minus a certain percent of the simplify the rule as follows: the public comments that would not weighted average pool price, then there 1. Eliminate the MMS-calculated modify the consensus of the Committee. is no additional royalty or no refund. safety net median value and instead use 3. Delete the second sentence in However, if the weighted average index- the self-implementing company-based proposed 30 CFR 202.450(b), denying based value for the zone for the year is safety net value described in option 2 royalty-free use of gas downstream of a certain percent (or more) greater than above. the FMP. the weighted average pool price net at 4. Include a provision for takes-based 2. The index-based value must be the lease, we would issue a refund to applied to the wellhead MMBtu. No reporting for 100 percent Federal the index-based payor. Likewise, if the agreements and stand alone leases. option to value residue gas based on an weighted average index-based value for index price. Gross proceeds payors Issues for Which MMS Specifically the year is a certain percent (or more) would have the option to apply a gross- Requested Comments in the Proposed less than the weighted average pool proceeds based residue value to the Rule price, then the index-based payor would wellhead MMBtu with a self- owe additional royalty. This provision 5. If the final safety net median value implementing safety net value would be self-implementing and subject procedure that compares the gross is not published within 2 years to audit. following the end of the applicable proceeds of their processed gas and calendar year, then we would not Option 3 NGL’s with the gross proceeds residue gas price applied to the wellhead require the lessee paying on an index- —Retain the basic philosophy of the MMBtu. Provisions for refund/payment based method to pay interest from the Committee’s index-based method but would be the same as under option 2 end of the 2 years until we publish the propose changes to simplify the rule above. final safety net median value. If we have as follows: still not published the final safety net 3. Determine the Index Pricing Point median value within 2 years and 6 1. Index-based valuation must be using the closest index pricing point to months after the end of the calendar applied to the wellhead MMBtu. No which the gas physically flows using year, then the initial safety net median option to value residue gas based on an any valid publication (as described in value becomes the final safety net index price and no option for gross the November 6, 1995, Federal Register median value. proceeds payors to apply a gross- Notice). 6. We would require index-based proceeds based residue value to the 4. For all arm’s-length transportation payors to pay royalty on contract wellhead MMBtu. and all jurisdictional transportation, the settlement proceeds received from 2. Retain the safety net median value transportation allowance would equal settlement entered into after the procedure, but eliminate the additional the actual rate paid to the closest index effective date of the rule. royalty limitations. pricing point. For non-arm’s-length, 7. For overtaken volumes in a mixed 3. Determine the Index Pricing Point non-jurisdictional transportation, use agreement by a small producer who using the weighted average method. No third-party arm’s-length transportation paid on takes, we would process the option to use the fixed-index method contracts as recommended by the credit through a recoupment based on (both of these methods are described in Committee. the weighted average value of the the November 6, 1995, Federal Register 5. In order to provide more certainty previous year’s sales. Notice). and consistency, modify the ‘‘bright 8. We would issue separate guidance 4. The safety net median value would line’’ (distinction) between on the reporting of gas valuation be based on the weighted average of all transportation and gathering to be at the methods consistent with the arm’s-length gross proceeds in the zone. FMP consistent with the ‘‘bright line’’ recommendations of the Royalty Policy 5. For all arm’s-length transportation test for the allowableness of Committee’s Subcommittee on Royalty and all jurisdictional (as defined in the compression. Exceptions may be Reporting and Production Accounting. November 6, 1995, Federal Register approved by us on a case-by-case basis. 9. We would publish a separate Notice) transportation, the Add a provision to prevent rulemaking on benchmark valuation transportation allowance would equal manipulation in location of taking into consideration the comments the weighted average of all of the actual compressors. received under the November 6, 1995, rates paid to each of the applicable Option 5 proposed rule. Index Pricing Points through which the lessee’s gas flowed. For non-arm’s- —Do not implement the alternative Option 2 length, non-jurisdictional valuation options recommended by —Retain the Committee’s index-based transportation, lessees would use third the Committee and instead: method but replace the MMS- party arm’s-length transportation 1. Maintain the current gross calculated safety net median value contracts as recommended by the proceeds-based valuation regulations with a safety net value based on Committee. with modifications to simplify the company specific data. 6. In order to provide more certainty current benchmark system for non- For example, at the end of the and consistency, modify the ‘‘bright arm’s-length sales at 30 CFR 206.152(c) applicable calendar year we would line’’ (distinction) between and 206.153(c) (1995) as follows: First require an index-based payor to transportation and gathering to be at the Benchmark: Weighted average of compare the weighted average of its FMP consistent with the ‘‘bright line’’ comparable arm’s-length contracts in index-based values for its production in test for the allowability of compression. the field or area between third parties the zone to its own weighted average We would approve exceptions on a and the lessee or its affiliate. pool price (net of transportation) for all case-by-case basis. Add a provision to Comparable arm’s-length contracts are of its arm’s-length sales of production prevent manipulation in location of those whose volumes are within plus or from the zone. This would include all compressors. minus 20 percent of the volumes sold Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25425 under the non-arm’s-length contract on this notice, only on the five options through Friday, excluding holidays. a monthly basis. MMS requests described above or other options Each requester may receive one free comments on whether the volume suggested for valuing gas from Federal copy of the proposed amendment by transferred under a non-arm’s-length leases. contacting OSM’s Casper Field Office. arrangement should be evaluated on the The policy of the Department is, Guy Padgett, Director, Casper Field basis of all gas under the contract or by whenever practicable, to give the public Office, Office of Surface Mining the size of each individual delivery an opportunity to participate in the Reclamation and Enforcement, 100 package. Second Benchmark: First bona- rulemaking process. Accordingly, you East B Street, Room 2128, Casper, fide arm’s-length sale by the affiliate, should submit written comments, Wyoming 82601–1918 except to retail customers. Third suggestions, or objections regarding this Louis A. Ogaard, Director, AML Benchmark: Other relevant matters. notice to the location identified in the Division, Public Service Commission, 2. Adopt the Committee’s ADDRESSES section of this notice. You Capitol Building, Bismarck, ND recommendation for entitlements-based should submit comments on or before 58505–0165 DATES reporting for mixed agreements, but the date identified in the section FOR FURTHER INFORMATION CONTACT: with no exception for small producers. of this notice. Guy Padgett, Telephone: (307) 261– Under limited circumstances, allow Dated: May 15, 1996. 6555, Internet address: MMS-approved exceptions to Michael A. Miller, [email protected]. entitlements-based reporting if all Acting Associate Director for Royalty lessees agree. Management. SUPPLEMENTARY INFORMATION: 3. Adopt industry’s comments to [FR Doc. 96–12723 Filed 5–20–96; 8:45 am] include in this rule the explicit BILLING CODE 4310±MR±P I. Background on the North Dakota provision for takes-based reporting for Plan 100 percent Federal agreements and On December 23, 1981, the Secretary stand alone leases. Office of Surface Mining Reclamation and Enforcement of the Interior approved the North 4. In response to the State’s comments Dakota plan. General background and in order to provide more certainty 30 CFR Part 934 information on the North Dakota plan, and consistency, modify the ‘‘bright including the Secretary’s findings and [ND±033±FOR] line’’ (distinction) between the disposition of comments, can be transportation and gathering to be at the North Dakota Abandoned Mine Land found in the December 23, 1981, FMP, consistent with the ‘‘bright line’’ Reclamation Plan Federal Register (46 FR 62253). test for the allowability of compression. Subsequent actions concerning North We may approve exceptions on a case- AGENCY: Office of Surface Mining Dakota’s plan and plan amendments can by-case basis. Add a provision to Reclamation and Enforcement, Interior. be found at 934.25. prevent manipulation in the location of ACTION: Proposed rule; reopening and compressors. extension of public comment period on II. Proposed Amendment proposed amendment. IV. Request for Public Comments By letter dated September 20, 1995, It is our intent to publish regulations SUMMARY: The Office of Surface Mining North Dakota submitted a proposed that are: (1) Clear and understandable Reclamation and Enforcement (OSM) is amendment to its plan (administrative (2) responsive to the changing needs of announcing receipt of additional record No. ND–X–02) pursuant to royalty payors, (3) equitable to all explanatory information pertaining to a SMCRA (30 U.S.C. 1201 et seq.). North affected parties, and (3) practical for us previously proposed amendment to the Dakota submitted the proposed to administer. Such regulations should North Dakota abandoned mine land amendment in response to a September reduce administrative costs to both reclamation (AMLR) plan (hereinafter, 26, 1994, letter (administrative record payors and MMS, while not generating the ‘‘North Dakota plan’’) under the No. ND–X–01) that OSM sent to North a significant loss of royalty revenues. Surface Mining Control and Dakota in accordance with 30 CFR Based on the comments received, we are Reclamation Act of 1977 (SMCRA). The 884.15(b), and at its own initiative. The concerned that the proposed rule may additional explanatory information for provisions of the North Dakota plan that not satisfy these goals. Therefore, we North Dakota’s proposed statute and North Dakota proposed to add or revise request input on how to improve the gas plan provisions pertain to contractor were: North Dakota Century Code valuation regulations so that all affected eligibility and sole-source procurement (NDCC) 38–14.2–03(14), powers and parties benefit. procedures and policies. The duties of the Commission; procurement We specifically request comments on amendment is intended to revise the procedures; contract procedures; policy the five options outlined above for North Dakota plan to meet the 2–01–81(5), procurement policy and finalizing the proposed regulations in requirements of the corresponding contract policy; and State agency light of the public comments we Federal regulations and to improve organizational chart. received. We recognize that, for each operational efficiency. OSM announced receipt of the affected party, each option holds DATES: Written comments must be proposed amendment in the October 16, benefits in certain areas while received by 4:00 p.m., m.d.t., June 20, 1995, Federal Register (60 FR 53564), containing drawbacks in other areas. We 1996. provided an opportunity for a public emphasize that the five listed options ADDRESSES: Written comments should hearing or meeting on its substantive are not exhaustive but merely be mailed or hand delivered to Guy adequacy, and invited public comment suggestions for an improved, simplified, Padgett at the address listed below. on its adequacy (administrative record and streamlined valuation process. We Copies of the North Dakota plan, the No. ND–X–05). Because no one welcome any new options or any proposed amendment, and all written requested a public hearing or meeting, modifications to the proposed options comments received in response to this none was held. The public comment for consideration. document will be available for public period ended on November 15, 1995. We are not requesting comments on review at the addresses listed below During its review of the amendment, the summary of comments outlined in during normal business hours, Monday OSM identified concerns relating to (1) 25426 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules the powers and duties of the Written comments should be specific, prepared and certification made that Commission at NDCC 38–14.2–03(14), pertain only to the issues proposed in such regulations would not have a concerning the eligibility of successful this rulemaking, and include significant economic effect upon a bidders to receive AMLR contracts and explanations in support of the substantial number of small entities. (2) procurement procedures at section commenter’s recommendations. Accordingly, this rule will ensure that IV. C. 5 of the North Dakota plan Comments received after the time existing requirements established by provisions, concerning noncompetitive indicated under ‘‘DATES’’ or at SMCRA or previously promulgated by negotiation (sole-source procurement) locations other than the Casper Field OSM will be implemented by the Tribe when emergency or severe time Office will not necessarily be or State. In making the determination as constraints preclude issuing a formal considered in the final rulemaking or to whether this rule would have a request for proposals. OSM notified included in the administrative record. significant economic impact, the Department relied upon the data and North Dakota of the concerns by letter IV. Procedural Determinations dated December 7, 1995 (administrative assumptions in the analyses for the record No. ND–X–04). North Dakota 1. Executive Order 12866 corresponding Federal regulations. responded in a letter dated April 30, This rule is exempted from review by 6. Unfunded Mandates Reform Act 1996, be submitting additional the Office of Management and Budget This rule will not impose a cost of explanatory information (administrative (OMB) under Executive Order 12866 $100 million or more in any given year record No. ND–X–09). (Regulatory Planning and Review). on any governmental entity or the North Dakota proposes additional 2. Executive Order 12988 private sector. explanatory information for NDCC 38– 14.2–03(14), contractor responsibility, The Department of the Interior has List of Subjects in 30 CFR Part 934 conducted the reviews required by in the form of a policy that provides Abandoned mine reclamation section 3 of Executive Order 12988 guidelines to govern the selection of programs, Intergovernmental relations, (Civil Justice Reform) and has successful bidders for AMLR contracts, Surface mining, Underground mining. and section IV. C. 5 of its plan determined that this rule meets the provisions, procurement procedures, in applicable standards of subsections (a) Dated: May 9, 1996. the form of a statement concerning sole- and (b) of that section. However, these Richard J. Seibel, source procurement. standards are not applicable to the Regional Director, Western Regional Specifically, North Dakota proposes to actual language of Tribe or State AMLR Coordinating Center. add a policy statement that requires a plans and revisions thereof since each [FR Doc. 96–12726 Filed 5–20–96; 8:45 am] background search of successful bidders such plan is drafted and promulgated by BILLING CODE 4310±05±M for AMLR contracts, provides the a specific Tribe or State, not by OSM. criteria to be used in determining the Decisions on proposed Tribe or State 30 CFR Part 936 eligibility of the successful bidder under AMLR plans and revisions thereof 30 CFR 773.15(b)(1) at the time of submitted by a Tribe or State are based [OK±018±FOR] contract award, limits the award of the on a determination of whether the AMLR contract to a successful bidder submittal meets the requirements of Oklahoma Regulatory Program Title IV of SMCRA (30 U.S.C. 1231– who meets the criteria used to AGENCY: Office of Surface Mining determine eligibility, and provides that 1243) and the applicable Federal regulations at 30 CFR Parts 884 and 888. Reclamation and Enforcement (OSM), the eligibility determination will be Interior. made through OSM’s Applicant/ 3. National Environmental Policy Act ACTION: Proposed rule; public comment Violator System for each AMLR contract No environmental impact statement is period and opportunity for public to be awarded. North Dakota also required for this rule since agency hearing on proposed amendment. proposes that the Federal regulation at decisions on proposed Tribe or State 43 CFR 12.76(d)(4)(i)(B), which is cited AMLR plans and revisions thereof are SUMMARY: OSM is announcing receipt of in OSM’s December 7, 1995, issue letter, categorically excluded from compliance a propose amendment to the Oklahoma and implements one part of the Office with the National Environmental Policy regulatory program (hereinafter, the of Management and Budget (OMB) Act (42 U.S.C. 4332) by the Manual of ‘‘Oklahoma program’’) under the Circular A–102 (commonly known as the Department of the Interior (516 DM Surface Mining Control and Reclamation Act of 1977 (SMCRA). The the ‘‘Common Rule’’), does not apply to 6, appendix 8, paragraph 8.4B(29)). States and that States are required to proposed amendment consists of abide by 43 CFR 12–76(a) only. 4. Paperwork Reduction Act revisions to Oklahoma’s Coal Program Rules and Regulations. Oklahoma III. Public Comment Procedures This rule does not contain information collection requirements that proposes to recodify and reinstate rules OSM is reopening the comment require approval by OMB under the pertaining to an exemption for coal period on the proposed North Dakota Paperwork Reduction Act (44 U.S.C. extraction incidental to government- plan amendment to provide the public 3507 et seq.). financed or other construction. The an opportunity to reconsider the amendment is intended to revise the adequacy of the proposed amendment 5. Regulatory Flexibility Act Oklahoma program to be consistent with in light of the additional materials The Department of the Interior has the corresponding Federal regulations. submitted. In accordance with the determined that this rule will not have DATES: Written comments must be provisions of 30 CFR 884.15(a), OSM is a significant economic impact on a received by 4:00 p.m., c.d.t., June 20, seeking comments on whether the substantial number of small entities 1996. If requested, a public hearing on proposed amendment satisfies the under the Regulatory Flexibility Act (5 the proposed amendment will be held applicable plan approval criteria of 30 U.S.C. 601 et seq.). The Tribe or State on June 17, 1996. Requests to present CFR 884.14. If the amendment is submittal which is the subject of this oral testimony at the hearing must be deemed adequate, it will become part of rule is based upon Federal regulations received by 4:00 p.m., c.d.t., on June 5, the North Dakota plan. for which an economic analysis was 1996. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25427

ADDRESSES: Written comments should extraction as an incidental part of requests an opportunity to testify at the be mailed or hand delivered to Jack R. government-financed construction. public hearing, the hearing will not be Carson, Acting Director, Tulsa Field held. Section 460:20–6–2, Responsibility Office, at the address listed below. Filing of a written statement at the Copies of the Oklahoma program, the This section specifies that the time of the hearing is requested as it proposed amendment, and all written Department of Mines is responsible for will greatly assist the transcriber. comments received in response to this enforcing the requirements of Submission of written statements in document will be available for public Subchapter 6. It also specifies that advance of the hearing will allow OSM review at the addresses listed below persons conducting coal extraction as an officials to prepare adequate responses during normal business hours, Monday incidental part of government-financed and appropriate questions. through Friday, excluding holidays. construction is responsible for keeping The public hearing will continue on Each requester may receive one free specified documentation on the site of the specified date until all persons copy of the proposed amendment by the extraction operation. scheduled to testify have been heard. contacting OSM’s Tulsa Field Office. Section 460:20–6–3, Definitions Persons in the audience who have not been scheduled to testify, and who wish Jack R. Carson, Acting Director, Tulsa This section contains definitions for Field Office, Office of Surface Mining to do so, will be heard following those the terms ‘‘Extraction of coal as an who have been scheduled. The hearing Reclamation and Enforcement, 5100 incidental part’’; ‘‘Government East Skelly Drive, Suite 470 Tulsa, will end after all persons scheduled to financing agency’’; and ‘‘Government- testify and persons present in the Oklahoma, 74135–6547, Telephone: financed construction.’’ (918) 581–6430. audience who wish to testify have been heard. Oklahoma Department of Mines, 4040 Section 460:20–6–4, Applicability N. Lincoln Blvd., Suite 107, This section specifies that a permit 3. Public Meeting Oklahoma City, Oklahoma 73105, must be obtained unless the coal If only one person requests an Telephone: (405) 521–3859. extraction is an incidental part of opportunity to testify at a hearing, a FOR FURTHER INFORMATION CONTACT: Jack government-financed construction. public meeting, rather than a public R. Carson, Telephone: (918) 581–6430. Section 460:20–6–5, Information to be hearing, may be held. Persons wishing SUPPLEMENTARY INFORMATION: Maintained on Site to meet with OSM representatives to discuss the proposed amendment may I. Background on the Oklahoma This section specifies the information request a meeting by contacting the Program that must be maintained on the site of person listed under FOR FURTHER the extraction operation. On January 19, 1981, the Secretary of INFORMATION CONTACT. All such meetings the Interior conditionally approved the III. Public Comment Procedures will be open to the public and, if possible, notices of meetings will be Oklahoma program. General background In accordance with the provisions of posted at the locations listed under information on the Oklahoma program, 30 CFR 732.17(h), OSM is seeking ADDRESSES. A written summary of each including the Secretary’s findings, the comments on whether the proposed meeting will be made a part of the disposition of comments, and the amendment satisfies the applicable administrative record. conditions of approval of the Oklahoma program approval criteria of 30 CFR program can be found in the January 19, 732.15. If the amendment is deemed IV. Procedural Determinations 1981, Federal Register (46 FR 4902). adequate, it will become part of the 1. Executive Order 12866 Subsequent actions concerning Oklahoma program. Oklahoma’s program and program This rule is exempted from review by amendments can be found at 30 CFR 1. Written Comments the Office of Management and Budget 936.15 and 936.16. Written comments should be specific, (OMB) under Executive Order 12866 II. Proposed Amendment pertain only to the issues proposed in (Regulatory Planning and Review). this rulemaking, and include 2. Executive Order 12988 By letter dated April 26, 1996, explanations in support of the Oklahoma submitted a proposed commenter’s recommendations. The Department of the Interior has amendment to its program pursuant to Comments received after the time conducted the reviews required by SMCRA (Administrative Record No. indicated under DATES or at locations section 3 of Executive Order 12988 OK–974). Oklahoma submitted the other than the Tulsa Field Office will (Civil Justice Reform) and has proposed amendment at its own not necessarily be considered in the determined that this rule meets the initiative. Oklahoma proposes to final rulemaking or included in the applicable standards of subsections (a) reinstate rules pertaining to an administrative record. and (b) of that section. However, these exemption for coal extraction incidental standards are not applicable to the to government-financed or other 2. Public Hearing actual language of State regulatory construction. These rules were Persons wishing to testify at the programs and program amendments previously codified as part 707. public hearing should contact the since each such program is drafted and Oklahoma proposes to recodify these person listed under FOR FURTHER promulgated by a specific State, not by rules at Oklahoma Administrative Code INFORMATION CONTACT by 4:00 p.m., OSM. Under sections 503 and 505 of (OAC) 460, Chapter 20, Subchapter 6. c.d.t., on June 5, 1996. Any disabled SMCRA (30 U.S.C. 1253 and 1255) and individual who has need for a special the Federal regulations at 30 CFR Section 460:20–6–1, Purpose accommodation to attend a public 730.11, 732.15, and 732.17(h)(10), This section specifies the purpose of hearing should contact the individual decisions on proposed State regulatory Subchapter 6 as establishing procedures listed under FOR FURTHER INFORMATION programs and program amendments for determining those surface coal CONTACT. The location and time of the submitted by the States must be based mining and reclamation operations that hearing will be arranged with those solely on a determination of whether the meet the exemption criteria for coal persons requesting the hearing. If no one submittal is consistent with SMCRA and 25428 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules its implementing Federal regulations DEPARTMENT OF VETERANS Room 1176, 801 Eye Street, NW., and whether the other requirements of AFFAIRS Washington, DC 20001 between the 30 CFR Parts 730, 731, and 732 have hours of 8:00 a.m. and 4:30 p.m., been met. 38 CFR Part 17 Monday through Friday (except holidays). 3. National Environmental Policy Act RIN 2900±AH77 FOR FURTHER INFORMATION CONTACT: No environmental impact statement is Contract Program for Veterans With Karen G. Boies, Ph. D., Deputy Associate required for this rule since section Alcohol and Drug Dependence Director for Addictive Disorders and 702(d) of SMCRA (30 U.S.C. 1292(d)) Disorders Psychiatric Rehabilitation, Veterans Health Administration, Department of provides that agency decisions on AGENCY: Department of Veterans Affairs. proposed State regulatory program Veterans Affairs, (202) 565–7316. ACTION: Proposed rule. provisions do not constitute major SUPPLEMENTARY INFORMATION: This proposed rule is authorized under Federal actions within the meaning of SUMMARY: This document proposes to provisions of 38 U.S.C. 501 and 38 section 102(2)(C) of the National amend 38 CFR Part 17 by modifying U.S.C. 1720A. Environmental Policy Act of 1969 (42 eligibility criteria for veterans The Secretary hereby certifies that the U.S.C. 4332(2)(C)). participating by contract in the provisions of the proposed rule would Department of Veterans Affairs’ program not have a significant economic impact 4. Paperwork Reduction Act of alcohol and drug dependence or on a substantial number of small entities abuse treatment and rehabilitation in This rule does not contain as they are defined in the Regulatory residential and nonresidential facilities. information collection requirements that Flexibility Act, 5 U.S.C. 601–612. There Current regulations stipulate that, prior require approval by OMB under the does not appear to be a basis for to participation in contract care under Paperwork Reduction Act (44 U.S.C. considering special provisions for small this program, veterans must be provided 3507 et seq.). entities since, in all likelihood, only hospital care in facilities over which the entities that are small entities would Secretary has direct jurisdiction. It is 5. Regulatory Flexibility Act conduct activities affected by this rule. proposed to change the regulations to Also, because of budgetary constraints The Department of the Interior has stipulate that, prior to participation in and the high utilization of this program, determined that this rule will not have contract care, veterans must have been we anticipate no change in the total a significant economic impact on a or must be receiving care (regardless of number of bed days of care paid by VA substantial number of small entities whether it was or is hospital care) by to participating small entities. under the Regulatory Flexibility Act (5 professional staff over whom the Therefore, pursuant to 5 U.S.C. 605(b), U.S.C. 601 et seq.). The State submittal Secretary has jurisdiction (regardless of this rule is exempt from the initial and that is the subject of this rule is based whether it is direct jurisdiction). The final regulatory flexibility analyses proposed elimination of the requirement upon counterpart Federal regulations for requirements of sections 603 and 604. which an economic analysis was of ‘‘hospital care’’ appears to be prepared and certification made that necessary to address changed clinical List of Subjects in 38 CFR Part 17 such regulations would not have a practices and continue the intended Alcoholism, Claims, dental health, significant economic effect upon a program. In the past, substance abuse Drug abuse, Foreign relations, substantial number of small entities. treatment generally was provided in a Government contracts, Grant program— Accordingly, this rule will ensure that hospital setting. Now, much substance health, Health care, Health facilities, existing requirements previously abuse treatment also is provided in an Health professions, Medical devices, promulgated by OSM will be ambulatory care or residential setting. Medical research, Mental health implemented by the State. In making the Also, the proposal to change ‘‘direct programs, Nursing homes, Philippines, determination as to whether this rule jurisdiction of the Secretary’’ to Veterans. ‘‘jurisdiction of the Secretary’’ would would have a significant economic allow for continuation of any cases in Approved: February 20, 1996. impact, the Department relied upon the which VA has had involvement Jesse Brown, data and assumptions for the (including, among other things, fee basis Secretary of Veterans Affairs. counterpart Federal regulations. care) and thereby help ensure that a For the reasons set out in the 6. Unfunded Mandates complete course of treatment is preamble, 38 CFR part 17 is proposed to provided. be amended as follows: This rule will not impose a cost of DATES: Comments must be received on $100 million or more in any given year or before July 22, 1996. PART 17ÐMEDICAL on any governmental entity or the ADDRESSES: Mail written comments 1. The authority citation for part 17 private sector. concerning these proposed regulations continues to read as follows: List of Subjects in 30 CFR Part 936 to: Director, Office of Regulations Authority: 38 U.S.C. 501, 1721, unless Management (02D), Department of otherwise noted. Intergovernmental relations, Surface Veterans Affairs, 810 Vermont Avenue, mining, Underground mining. NW., Washington, DC 20420; or hand 2. In section 17.80, paragraph (a)(1) is revised to read as follows: Dated: May 9, 1996. deliver written comments to: Office of Regulations Management, Room 1176, Brent Wahlquist, § 17.80 Alcohol and drug dependence or 801 Eye Street, NW., Washington, DC abuse treatment and rehabilitation in Regional Director, Mid-Continent Regional 20001. Comments should indicate that residential and nonresidential facilities by Coordinating Center. they are submitted in response to ‘‘RIN contract. [FR Doc. 96–12725 Filed 5–20–96; 8:45 am] 2900–AH77.’’ All written comments are (a) * * * BILLING CODE 4310±05±M available for public inspection in the (1) Veterans who have been or are Office of Regulations Management, being furnished care by professional Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25429 staff over which the Secretary has Identification Branch, Mitigation required by the Flood Disaster jurisdiction and such transitional care is Directorate, 500 C Street, SW., Protection Act of 1973, 42 U.S.C. 4104, reasonably necessary to continue Washington, DC 20472, (202) 646–2756. and are required to establish and treatment. SUPPLEMENTARY INFORMATION: The maintain community eligibility in the * * * * * Federal Emergency Management Agency National Flood Insurance Program. As a [FR Doc. 96–12662 Filed 5–20–96; 8:45 am] (FEMA or Agency) proposes to make result, a regulatory flexibility analysis BILLING CODE 8320±01±P determinations of base flood elevations has not been prepared. and modified base flood elevations for Regulatory Classification each community listed below, in FEDERAL EMERGENCY accordance with section 110 of the This proposed rule is not a significant MANAGEMENT AGENCY Flood Disaster Protection Act of 1973, regulatory action under the criteria of 42 U.S.C. 4104, and 44 CFR 67.4(a). section 3(f) of Executive Order 12866 of 44 CFR Part 67 These proposed base flood and September 30, 1993, Regulatory modified base flood elevations, together [Docket No. FEMA±7179] Planning and Review, 58 FR 51735. with the floodplain management criteria Executive Order 12612, Federalism Proposed Flood Elevation required by 44 CFR 60.3, are the Determinations minimum that are required. They This proposed rule involves no should not be construed to mean that policies that have federalism AGENCY: Federal Emergency the community must change any implications under Executive Order Management Agency, FEMA. existing ordinances that are more 12612, Federalism, dated October 26, ACTION: Proposed rule. stringent in their floodplain 1987. management requirements. The SUMMARY: Technical information or community may at any time enact Executive Order 12778, Civil Justice comments are requested on the stricter requirements of its own, or Reform proposed base (1% annual chance) flood pursuant to policies established by other elevations and proposed base flood This proposed rule meets the Federal, state or regional entities. These elevation modifications for the applicable standards of section 2(b)(2) of proposed elevations are used to meet communities listed below. The base Executive Order 12778. the floodplain management flood elevations are the basis for the requirements of the NFIP and are also List of Subjects in 44 CFR Part 67 floodplain management measures that used to calculate the appropriate flood the community is required either to Administrative practice and adopt or to show evidence of being insurance premium rates for new buildings built after these elevations are procedure, Flood insurance, Reporting already in effect in order to qualify or and recordkeeping requirements. remain qualified for participation in the made final, and for the contents in these National Flood Insurance Program buildings. Accordingly, 44 CFR part 67 is proposed to be amended as follows: (NFIP). National Environmental Policy Act DATES: The comment period is ninety This proposed rule is categorically PART 67Ð[AMENDED] (90) days following the second excluded from the requirements of 44 publication of this proposed rule in a CFR Part 10, Environmental 1. The authority citation for part 67 newspaper of local circulation in each Consideration. No environmental continues to read as follows: community. impact assessment has been prepared. Authority: 42 U.S.C. 4001 et seq.; ADDRESSES: The proposed base flood Reorganization Plan No. 3 of 1978, 3 CFR, elevations for each community are Regulatory Flexibility Act 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, available for inspection at the office of The Acting Associate Director, 3 CFR, 1979 Comp., p. 376. the Chief Executive Officer of each Mitigation Directorate, certifies that this § 67.4 [Amended] community. The respective addresses proposed rule is exempt from the are listed in the following table. requirements of the Regulatory 2. The tables published under the FOR FURTHER INFORMATION CONTACT: Flexibility Act because proposed or authority of § 67.4 are proposed to be Michael K. Buckley, P.E., Chief, Hazard modified base flood elevations are amended as follows:

#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified

Connecticut ...... Granby (Town), Dismal Brook ...... Upstream side of East Street ...... None * 279 Hartford County...... At the Massachusetts State boundary ..... None * 370 East Branch Salmon Approximately 1,830 feet downstream of None * 284 Brook. Silver Street Dam. At State boundary ...... None * 533 Creamery Brook ...... Approximately 2,000 feet upstream of the None * 219 confluence with East Branch Salmon Brook. Approximately 875 feet upstream of None * 252 Creamery Hill Road. Hungary Brook ...... At upstream side of Notch Road ...... None * 202 Approximately 0.87 mile upstream of None * 230 Quarry Road. Bradley Brook ...... At upstream side of Meadowbrook Road None * 216 25430 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified

Approximately 760 feet upstream of East None * 278 Street. West Branch Bradley Approximately 1,125 feet downstream of None * 226 Brook. Twilight Drive. Approximately 1,685 feet upstream of None * 255 Stardust Drive. East Branch Bradley At the confluence with Bradley Brook ...... None * 217 Brook. Approximately 150 feet upstream of East None * 259 Street. East Fork of East Branch At confluence with East Branch Bradley None * 243 Bradley Brook. Brook. Approximately 170 feet upstream of East None * 259 Street. Maps available for inspection at the Granby Town Hall, 15 North Granby Road, Granby, Connecticut. Send comments to Mr. William F. Smith, Jr., Granby Town Manager, Granby Town Hall, 15 North Granby Road, Granby, Connecticut 06035.

Michigan ...... Fork (Township) Chippewa River ...... Approximately 2.1 miles downstream None *941 Mecosta County. from 19 Mile Road. Approximately 100 feet upstream of 10th None *956 Avenue. Maps available for inspection at the Fork Township Hall, 147 Northern Avenue, Barryton, Michigan. Send comments to Mr. Louis McNelley, Supervisor of Fork Township, 5186 Hoover Road, Barryton, Michigan 49305.

New York ...... Atlantic Beach (Vil- Atlantic Ocean ...... At intersection of Bay Boulevard and Ber- None *10 lage). muda Street. Nassau County ...... Approximately 550 feet south of intersec- *14 *15 tion of Ocean Boulevard and Wayne Avenue. Reynolds Channel ...... Approximately 500 feet north of Bay Bou- *7 *8 levard and Albany Boulevard. Maps available for inspection at the Village Hall, 65 The Plaza, Atlantic Beach, New York. Send comments to The Honorable Earliene Shipper, Mayor of the Village of Atlantic Beach, 65 The Plaza, Atlantic Beach, New York 11509.

New York ...... Bayville (Village) Mill Neck Creek/Oyster Approximately 600 feet Northeast of *13 *15 Nassau County. Bay Harbor. Bayville Bridge enters community. Maps available for inspection at the Village Hall, 34 School Street, Bayville, New York. Send comments to The Honorable Victoria Siegel, Mayor of the Village of Bayville, Village Hall, 34 School Street, Bayville, New York 11709.

New York ...... Cedarhurst (Village) Head of Bay/Motts Creek Intersection of Oxford Road and Arlington None *8 Nassau County. Place. Maps available for inspection at the Village Hall, 200 Cedarhurst, Cedarhurst, New York. Send comments to The Honorable Andrew J. Parise, Mayor of the Village of Cedarhurst, 200 Cedarhurst, Cedarhurst, New York 11516.

New York ...... East Rockaway (Vil- Mill River ...... At intersection of Rhame Avenue and None *7 lage) Nassau Althouse Avenue. County. At intersection of Williamson Street and *8 *7 6th Avenue. Maps available for inspection at the East Rockaway Village Hall, 376 Atlantic Avenue, East Rockaway, New York. Send comments to The Honorable Charles H. Formont, Mayor of the Village of East Rockaway, 376 Atlantic Avenue, East Rockaway, New York 11518±0189.

New York ...... Freeport (Village) Atlantic Ocean/Baldwin Approximately 200 feet west of intersec- *9 *8 Nassau County. Bay. tion of Suffolk Street and South Long Beach Avenue. Baldwin Bay ...... Approximately 150 feet south of intersec- *7 *8 tion of Morris Avenue and Meister Bou- levard. Hudson Bay ...... Approximately 1,750 feet southeast of *7 *9 intersection of Anchorage Way and South Grove Avenue. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25431

#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified

Maps available for inspection at the Freeport Village Building Department, 46 North Ocean Avenue, Freeport, New York. Send comments to The Honorable Richard Wissler, Mayor of the Village of Freeport, 46 North Ocean Avenue, Freeport, New York 11520.

New York ...... Great Neck (Village) Manhasset Bay ...... Approximately 200 feet southeast of the *15 *14 Nassau County. intersection of East Shore Road and Vista Hill Road. Maps available for inspection at the Great Neck Village Hall, 61 Baker Hill Road, Great Neck, New York. Send comments to The Honorable Isabel Varlotta, Mayor of the Village of Great Neck, 61 Baker Hill Road, Great Neck, New York 11023.

New York ...... Great Neck Plaza Russells Creek ...... Approximately 1,640 feet downstream of None *63 (Village) Nassau Clent Road. County. At Clent Road ...... None *74 Maps available for inspection at the Village Hall, Building Department, 2 Gussack Plaza, Great Neck, New York. Send comments to The Honorable Robert Rosegarden, Mayor of the Village of Great Neck Plaza, 2 Gussack Plaza, Great Neck, New York 11022.

New York ...... Hempstead (Town) Head of Bay ...... Approximately 250 feet west of intersec- *9 *8 Nassau County. tion of West Avenue and Baker Ave- nue. Hewlett Bay/Macy Chan- Approximately 700 feet east of intersec- *8 *7 nel. tion of Elinor Road and Cedar Avenue. Brosewere Bay ...... Approximately 500 feet south of intersec- *9 *8 tion of Woodmere Boulevard and Hick- ory Road. Valley Stream ...... Approximately 300 feet west of the inter- *8 *10 section of Mill Road and Sidney Place. Hewlett Bay ...... Approximately 50 feet south of West *8 *9 Boulevard extended. East Rockaway Inlet ...... Approximately 200 feet west of intersec- *11 *10 tion of Bay Boulevard and Granada Street. Atlantic Ocean ...... Approximately 500 feet south of Malone *14 *15 Avenue extended. Reynolds Channel ...... Approximately 1,200 feet north from inter- *7 *8 section of Yates Avenue and West Beach Street. Freeport Creek ...... Approximately 1,000 feet southeast of the *9 *7 end of South Main Street. Maps available for inspection at the Engineering Department, 350 Front Street, Hempstead, New York. Send comments to Mr. Gregory Peterson, Hempstead Town Supervisor, 1 Washington Avenue, Hempstead, New York 11550±4923.

New York ...... Hewlett Bay Park Hewlett Bay: Macy Chan- At intersection of Everett Avenue and None *7 (Village) Nassau nel. Seawane Drive. County. Approximately 650 feet east of intersec- *8 *7 tion of Piermont Avenue and Veeder Drive. Maps available for inspection at the Village Hall, 30 Piermont Avenue, Hewlett, New York. Send comments to The Honorable Mitchell Sahn, Mayor of the Village of Hewlett Bay Park, 30 Piermont Avenue, Hewlett, New York 11557.

New York ...... Hewlett Harbor Hewlett Bay: Thixton Approximately 500 feet southeast of *8 *9 (Villiage) Nassau Creek. intersection of Harbor Road and County. Thixton Drive. Hewlett Bay: Macy Chan- Intersection of Everett Avenue and *8 *7 nel. Seawane Drive. Maps available for inspection at the Hewlett Harbor Village Hall, 449 Pepperidge Road, Hewlett Harbor, Hew York. Send comments to The Honorable Gerald H. Morganstern, Mayor of the Villiage of Hewlett Harbor, 449 Pepperidge Road, Hewlett Harbor, New York 11557.

New York ...... Hewlett Neck (Vil- Brosewere Bay: Georges Approximately 600 feet southeast of the *8 *7 lage) Nassau Creek. intersection of Dolphin Drive and Curtis County. Road. Approximately 50 feet east of Adams *8 *7 Cane cul-de-sac. 25432 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified

Hewlett Bay: Georges Approximately 300 feet east of intersec- None *7 Creek. tion of Hewlett Neck Road and Dolphin Lane. Maps available for inspection at the Village Hall, 30 Piermont Avenue, Hewlett, New York. Send comments to The Honorable Sheldon Shame, Mayor of the Village of Hewlett Neck, 30 Piermont Avenue, Hewlett, New York 11557.

New York ...... Island Park (Village) Wreck Lead Channel ...... Approximately 500 feet southwest of *7 *8 Nassau County. intersection of Railroad Place and Bridge Plaza. Hog Island Channel ...... Approximately 475 feet north of intersec- *7 *8 tion of Island Parkway and Sherborne Place. Maps available for inspection at the Village Hall, 127 Long Beach Road, Island Park, New York. Send comments to The Honorable Jacqueline Papatsos, Mayor of the Village of Island Park, 127 Long Beach Road, Island Park, New York 11558.

New York ...... Lawrence (Village) Brosewere Bay ...... Approximately 1,000 feet south of the *8 *7 Nassau County. intersection of Burton Lane and Albro Lane. Approximately 1,000 feet southeast from *8 *9 intersection of Buxton Lane and Albro Lane. Broad Channel ...... Approximately 1,000 feet southeast of *8 *9 confluence with Post Lead. Reynolds Channel ...... Approximately 250 feet southeast from *8 *10 2nd Street extended. Bannister Creek ...... Approximately 1,000 feet south of the None *7 intersection of Rock Hall Road and Nassau Expressway. Intersection of North Street and Monroe *8 *7 Street. Maps available for inspection at the Lawrence Village Building Department, 196 Central Avenue, Lawrence, New York. Send comments to The Honorable Nancy B.W. Coe, 196 Central Avenue, Lawrence, New York 11559

New York ...... Long Beach (City) Atlantic Ocean ...... Approximately 850 feet southeast of the *14 15 Nassau County. intersection of East Broadway and Roosevelt Boulevard. Reynolds Channel ...... Approximately 500 feet north of intersec- *7 *8 tion of Lindell Boulevard and West Bay Drive. Maps available for inspection at the City Hall, 1 West Chester Street, Long Beach, New York. Send comments to Mr. Edwin L. Eaton, Long Beach City Manager, City Hall, 1 West Chester Street, Long Beach, New York 11561.

New York ...... Malverne (Village) Motts Creek ...... At Motley Street ...... None *24 Nassau County. Approximately 220 feet upstream of None *30 Franklin Avenue. Maps available for inspection at the Village Hall, 99 Church Street, Malverne New York. Send comments to The Honorable Joseph Canzoneri, Mayor of the Village of Malverne, 99 Church Street, Malverne, New York 11561.

New York ...... Massapequa Park Atlantic Ocean: South Approximately 350 feet south of the inter- *8 *9 (Village) Nassau Oyster Bay. section of Skylark Road and County. Whitewood Drive. Approximately 125 feet southwest of the *7 *8 intersection of Knell Drive and Harbor Lane East. Massapequa Creek ...... Approximately 250 feet downstream of None *38 Southern State Parkway. At Clark Street ...... None *18 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25433

#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified

Maps available for inspection at the Village Hall, 151 Front Street, Massapequa Park, New York. Send comments to The Honorable George Nussbaum, Mayor of the Village of Massapequa Park, 151 Front Street, Massapequa Park, New York 11762.

New York ...... North Hempstead Little Neck Bay ...... Approximately 200 feet southwest of the *14 *13 (Town) Nassau intersection of Shorecliff Place and County. Bayside Road. Approximately 400 feet northwest of the None *13 intersection of Woodland Place and Bayview Avenue. Manhasset Bay ...... Approximately 175 feet west of West *14 *16 Shore Drive and Bayview Avenue. Russells Creek ...... Approximately 700 feet upstream of Mel- None *115 bourne Road. Maps available for inspection at the North Hempstead Town Hall, 220 Plandome Road, Manhasset, New York. Send comments to Ms. Mary Newburger, North Hempstead Town Supervisor, 220 Plandome Road, Manhasset, New York 11030.

New York ...... Plandome Heights Manhasset Bay ...... Approximately 100 feet west of the water- None *14 (Village) Nassau way and Shore Drive at the intersec- County. tion of Shore Drive and The Beachway. At northern corporate limits approximately None *16 500 feet west of intersection of The Beachway and Shore Drive. Maps available for inspection at the Plandome Heights Village Office, 34 Grandview Circle, Manhassett, New York. Send comments to The Honorable John Keitz, Mayor of the Village of Plandome Heights, P.O. Box 1384, Manhasset, New York 11030.

New York ...... Plandome Manor Manhasset Bay ...... Approximately 750 feet west of intersec- * 17 * 16 (Village) Nassau tion of Lake and Bayview Roads. County. Maps available for inspection at the Plandome Manor Village Hall, 1526 North Plandome Road, Plandome Manor, New York. Send comments to Mr. Richard Rode, Plandome Manor Village Building Inspector, P.O. Box 951, Plandome Manor, New York 11030.

New York ...... Plandome (Village) Manhasset Bay ...... Approximately 600 feet west of intersec- None * 14 Nassau County. tion of Shoreview Lane and Plandome Road. Approximately 750 feet west of intersec- None * 16 tion of Shoreview Lane and Plandome Road. Maps available for inspection at the Plandome Village Hall, 65 South Drive, Plandome, New York. Send comments to The Honorable Brian J. Vincent, Mayor of the Village of Plandome, 65 South Drive, Plandome, New York 11030.

New York ...... Rockville Centre Mill River ...... Approximately 360 feet west of intersec- None * 7 (Village) Nassau tion of River Avenue and Demott Place. County. Maps available for inspection at the Rockville Centre Village Engineer's Office, 110 Maple Avenue, Rockville Centre. Send comments to Mr. Anthony M. Cancellieri, Rockville Centre Village Administrator, P.O. Box 950, Rockville Centre, New York 11571.

New York ...... Sands Point (Vil- Sandspoint/Hempstead Approximately 800 feet east of intersec- * 17 * 10 lage) Nassau Harbor. tion of Harbor Road and Todd Drive. County. Maps available for inspection at the Sands Point Village Hall, Tibbits Lane, Port Washington, New York. Send comments to The Honorable Leonard Wurzel, Mayor of the Village of Sands Point, P.O. Box 188, Port Washington, New York 11050.

New York ...... Thomaston (Village) Manhasset Bay ...... Approximately 500 feet northeast of Colo- None *15 Nassau County. nial Road and East Shore Road. Russells Creek ...... At Clent Road ...... None *74 Approximately 0.15 mile upstream of None *92 Clent Road. 25434 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

#Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified

Maps available for inpsection at the Thomaston Village Hall, 100 East Shore Road, Great Neck, New York. Send comments to The Honorable Bryan J. Holzberg, Mayor of the Village of Thomaston, 100 East Shore Road, Great Neck, New York 11023.

New York ...... Valley Stream (Vil- Motts Creek ...... Approximately 120 feet northeast of the None *8 lage) Nassau intersection of Hungry Harbor Road County. and Rosedale Road. Maps available for inpsection at the Valley Stream Village Hall, 123 South Central Avenue, Valley Stream, New Y ork. Send comments to The Honorable James Darcy, Mayor of the Village of Valley Stream, 123 South Central Avenue, Valley Stream, New York 11582.

New York ...... Woodsburgh (Vil- Woodmere Channel ...... At intersection of Meadow Drive and None *7 lage) Nassau Channel Road. County. Approximately 500 feet south of intersec- *8 *7 tion of Channel Road and Meadow Drive. Brosewere Bay ...... Approximately 450 feet southeast of *8 *9 intersection of Bay Drive and Hickory Road. Maps available for inspection at the Woodsburgh Village Hall, 30 Piermont Avenue, Hewlett, New York. Send comments to The Honorable Susan L. Schlaff, Mayor of the Village of Woodsburgh, 30 Piermont Avenue, Hewlett, New York 11557.

North Carolina ...... Whiteville (City) Co- Griffith Branch ...... Approximately 0.5 mile downstream of None * 55 lumbus County. Nolan Avenue. Approximately 210 feet upstream of None * 79 Bentmoor Drive. Mollies Branch ...... At Seaboard Coastline Railroad ...... None * 59 Approximately 0.4 mile upstream of U.S. None * 72 Business Routes 74±76. Soules Swamp ...... Approximately 0.9 mile downstream of None * 53 U.S. Route 701 Bypass. Approximately 0.6 mile upstream of U.S. None * 58 Route 701 Bypass. White Marsh ...... At Seaboard Coastline Railroad ...... None * 54 Approximately 20 feet upstream of U.S. None * 59 Route 74±76 Bypass. Maps available for inspection at the Whiteville City Hall, 317 South Madison Street, Whiteville, North Carolina. Send comments to Mr. Jeff Emory, Whiteville City Manager, P.O. Box 607, Whiteville, North Carolina 28472.

Pennsylvania ...... Hartfield (Borough) West Branch Neshaminy Approximately 300 feet downstream of None * 300 Montgomery Creek. Lakewood Avenue. County. Approximately 150 feet upstream of None * 301 Lakewood Avenue. Maps available for inspection at the Borough Hall, 401 South Main Street, Hatfield, Pennsylvania. Send comments to Ms. Stephanie Teoli, Manager of the Borough of Hatfield, P.O. Box 190, Hatfield, Pennsylvania 19440±0190.

Pennsylvania ...... Tredyffrin (Town- Little Valley Creek ...... On the upstream side of Mill Road ...... * 149 * 147 ship) Chester County. Approximately 1,800 feet upstream of None * 245 Church Road. Tributary No. 2 of Trout At confluence with Trout Creek ...... * 155 * 160 Creek. Approximately 100 feet upstream of the * 159 * 160 confluence with Trout Creek. East Tributary to Crum Approximately 650 feet upstream of None * 467 Creek. Devon Road. Approximately 830 feet upstream of None * 470 Devon Road. Maps available for inspection at the Tredyffrin Municipal Building, 1100 DuPortail Road, Berwyn, Pennsylvania. Send comments to Mr. Jospeh A. Janasik, Tredyffrin Township Manager, 1100 DuPortail Road, Berwyn, Pennsylvania 19312. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25435

(Catalog of Federal Domestic Assistance No. Identification Branch, Mitigation proposed or modified base flood 83.100, ‘‘Flood Insurance.’’) Directorate, 500 C Street, SW, elevations are required by the Flood Dated May 13, 1996. Washington, DC 20472, (202) 646–2756. Disaster Protection Act of 1973, 42 Richard W. Krimm, SUPPLEMENTARY INFORMATION: The U.S.C. 4104, and are required to Acting Associate Director for Mitigation. Federal Emergency Management Agency establish and maintain community [FR Doc. 96–12714 Filed 5–20–96; 8:45 am] proposes to make determinations of base eligibility in the NFIP. No regulatory BILLING CODE 6718±04±P flood elevations and modified base flexibility analysis has been prepared. flood elevations for each community Regulatory Classification listed below, in accordance with Section 44 CFR Part 67 110 of the Flood Disaster Protection Act This proposed rule is not a significant [Docket No. FEMA±7181] of 1973, 42 U.S.C. 4104, and 44 CFR regulatory action under the criteria of 67.4(a). Section 3(f) of Executive Order 12866 of Proposed Flood Elevation These proposed base flood elevations September 30, 1993, Regulatory Determinations and modified base flood elevations, Planning and Review, 58 FR 51735. together with the floodplain AGENCY: Federal Emergency management criteria required by 44 CFR Executive Order 12612, Federalism Management Agency (FEMA). 60.3, are the minimum that are required. This proposed rule involves no ACTION: Proposed rule. They should not be construed to mean policies that have federalism that the community must change any SUMMARY: Technical information or implications under Executive Order comments are requested on the existing ordinances that are more 12612, Federalism, dated October 26, proposed base (1% annual chance) flood stringent in their floodplain 1987. elevations and proposed base flood management requirements. The community may at any time enact Executive Order 12778, Civil Justice elevation modifications for the Reform communities listed below. The base stricter requirements of its own, or flood elevations and modified base pursuant to policies established by other This proposed rule meets the flood elevations are the basis for the Federal, State, or regional entities. applicable standards of Section 2(b)(2) floodplain management measures that These proposed elevations are used to of Executive Order 12778. meet the floodplain management the community is required either to List of Subjects in 44 CFR Part 67 adopt or to show evidence of being requirements of the NFIP and are also already in effect in order to qualify or used to calculate the appropriate flood Administrative practice and remain qualified for participation in the insurance premium rates for new procedure, Flood insurance, Reporting National Flood Insurance Program buildings built after these elevations are and recordkeeping requirements. (NFIP). made final, and for the contents in these buildings. Accordingly, 44 CFR Part 67 is DATES: The comment period is ninety proposed to be amended as follows: (90) days following the second National Environmental Policy Act publication of this proposed rule in a This proposed rule is categorically PART 67Ð[AMENDED] newspaper of local circulation in each excluded from the requirements of 44 community. CFR Part 10, Environmental 1. The authority citation for Part 67 ADDRESSES: The proposed base flood Consideration. No environmental continues to read as follows: elevations for each community are impact assessment has been prepared. Authority: 42 U.S.C. 4001 et seq.; available for inspection at the office of Reorganization Plan No. 3 of 1978, 3 CFR, the Chief Executive Officer of each Regulatory Flexibility Act 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, community. The respective addresses The Acting Associate Director for 3 CFR, 1979 Comp., p. 376. are listed in the table below. Mitigation certifies that this proposed 2. The tables published under the FOR FURTHER INFORMATION CONTACT: rule is exempt from the requirements of authority of § 67.4 are proposed to be Michael K. Buckley, P.E., Chief, Hazard the Regulatory Flexibility Act because amended as follows:

#Depth in feet above ground. *Elevation in feet. State City/town/county Source of flooding Location (NGVD) Existing Modified

Arizona ...... Pima County (Unin- Santa Cruz River ...... Just upstream of Pima Mine Road ...... *2,663 *2,668 corporated Area). 4,650 feet upstream of Pima Mine Road *2,671 *2,673 3,850 feet downstream of Sahura Rita *2,698 *2,698 Road. Just upstream of Sahura Rita Road ...... *2,709 *2,711 1,870 feet upstream of Sahura Rita Road *2,716 *2,716 3,350 feet downstream of U.S. Highway *2,736 *2,741 89. Just upstream of U.S. Highway 89 ...... *2,751 *2,751 1,770 feet upstream of U.S. Highway 89 *2,755 *2,758 11,270 feet upstream of U.S. Highway 89 *2,791 *2,790 5,010 feet downstream of Continental *2,830 *2,829 Road. 25436 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

#Depth in feet above ground. *Elevation in feet. State City/town/county Source of flooding Location (NGVD) Existing Modified

370 feet upstream of Continental Road ... *2,854 *2,850 7,340 feet upstream of Continental Road *2,868 *2,869 12,410 feet upstream of Continental *2,886 *2,888 Road. 21,540 feet upstream of Continental *2,917 *2,924 Road. 19,800 feet downstream of Pima County- *2,961 *2,960 Santa Cruz. 7,128 feet downstream of Pima County- *3,005 *3,004 Santa Cruz County corporate limits. 500 feet downstream of Pima County- *3,027 *3,029 Santa Cruz County corporate limits. Just downstream of Pima County-Santa *3,028 *3,030 Cruz County corprate limits. Maps are available for inspection at Pima County Department of Transportation and Flood Control District, Public Works, Building, 201 North Stone Avenue, Tucson, Arizona. Send comments to the Honorable Paul Marsh, Chairman, Pima County Board of Supervisors, 130 West Congress Street, Tucson, Arizona 85701.

California ...... Hesperia (City) San Antelope Valley Wash ...... At confluence with the Mojave River ...... None *2,900 Bernardino County. Approximately 150 feet upstream of Lake None *2,940 Arrowhead Road. At Peach Avenue ...... None *2,974 Approximately 50 feet upstream of Pico None *3,035 Avenue. Approximately 200 feet upstream of None *3,120 Joshua Street. At Ash Street ...... None *3,154 At E Avenue ...... None *3,182 Approximately 850 feet upstream of Ran- None *3,206 chero Road. Maps are available for inspection at the City of Hesperia, 15776 Main Street, Hesperia, California Send comments to Mr. David A. Berger, City Manager, City of Hesperia, City Hall, 15776 Main Street, Hesperia, California 92345

California ...... Vacaville (City) So- Ulatis Creek ...... At Leisure Town Road ...... *81 +85 lano County. Approximately 100 feet upstream of *111 +114 Ulatis Drive. Approximately 2,250 feet upstream of Al- *129 +133 lison Drive. Just downstream of East Monte Vista *170 +172 Drive. Just downstream of Fruitvale Road ...... *194 +195 At Farrell Road ...... *232 +233 Laguna Creek ...... At confluence with Alamo Creek ...... *181 +183 Approximately 100 feet upstream of High- *198 +205 way 80. Alamo Creek ...... Approximately 2,000 feet downstream of *96 +100 Alamo Drive (main channel). Approximately 2,000 feet downstream of N/A +103 Alamo Drive (west overbank). Approximately 1,600 feet downstream of *105 +108 Nut Tree Road. Just upstream of Tulare Drive ...... *120 +125 Just downstream of Crystal Lane ...... *174 +176 At confluence with Encinosa Creek ...... *208 +213 Approximately 5,300 feet upstream of the *233 +234 confluence of Encinosa Creek. Encinosa Creek ...... At confluence with Alamo Creek ...... *208 +213 Approximately 3,100 feet upstream of *233 +233 Alamo Drive. Bucktown Creek ...... Approximately 400 feet downstream of *224 +227 Farrell Road. Just downstream of Farrell Road ...... *228 +229 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25437

#Depth in feet above ground. *Elevation in feet. State City/town/county Source of flooding Location (NGVD) Existing Modified

*Elevation in feet (NGVD of 1929) (To convert to NAVD, and 2.59 feet to NGVD elevation). +Elevation in feet (NAVD of 1988). Maps are available for inspection at the City of Vacaville, City Hall, Department of Community Development, 650 Merchant Street, Vacaville, California. Send comments to The Honorable David Fleming, Mayor, City of Vacaville, 650 Merchant Street, Vacaville, California 95688.

Texas ...... Aledo (City) Parker Clear Fork Trinity River .... At the southern corporate limit ...... None *792 County. At confluence of the unnamed tributary None *795 near Hidden Valley Drive. At Old Tunnel Road on the western cor- None *798 porate limit. Maps are available for inspection at the City of Aledo, Aledo City Hall, 200 Old Annetta Road, Aledo, Texas. Send comments to The Honorable Robert A. Lewis, P.O. Drawer R, Aledo, Texas 76008.

Texas ...... Annetta (Town) Clear Fork Trinity River .... At eastern corporate limit south of None *800 Parker County. Annetta Road. At eastern corporate limit, near South None *804 Fork Trinity River. Maps are available for inspection at the Town of Annetta, City Office, 405±407 Highway 1187 North, Aledo, Texas. Send comments to The Honorable Bruce Moore, Mayor, Town of Annetta, P.O. Box 91, Aledo, Texas 76008.

Texas ...... Annetta North Clear Fork Trinity River .... Just upstream of Union Pacific Railroad None *808 (Town) Parker Bridge. Couty. At eastern corporate limit approximately None *809 3,000 feet upstream of Underwood Road. Approximately 2 miles upstream of None *816 Underwood Road. Maps are available for inspection at the home of the Town Secretary, Town of Annetta North, 457 Qual Ridge Drive, Aledo, Texas. Send comments to The Honorable Kenneth Hensley, Mayor, Town of Annetta North, P.O. Box 262, Aledo, Texas 76008.

Texas ...... Annetta South Clear Fork Trinity River .... At the southern corporate limit ...... None *786 (Town) Parker County. At the northern corporate limit ...... None *789 Maps are available for inspection at the home of The Honorable Douglas Koldin, Mayor, Town of Annetta South, 403 Koldin Drive, Aledo, Texas. Send comments to The Honorable Douglas Koldin, Mayor, Town of Annetta South, P.O. Box 61, Aledo, Texas 76008.

Texas ...... Hays County ...... San Marcos River ...... At the border of Hays County and Gua- *552 *551 dalupe County. At confluence of Sink Creek ...... *577 *577 Plum Creek ...... At the border of Township of Uhland and *542 *538 Caldwell County. 8,500 feet upstream of Interstate High- *730 *732 way 35 Bridge. Stream Plum-1 ...... At confluence with Plum Creek ...... *632 *631 Just above Sledge Street bridge ...... None *729 Brushy Creek ...... Just above State Highway 21 ...... *544 *542 1,150 feet upstream of Satterwhite Road *653 *654 bridge. Stream Brushy-1 ...... At confluence with Brushy Creek ...... *557 *556 650 feet upstream of County Road 131 *645 *643 Bridge. Stream Brushy-1A ...... At confluence with Stream Brushy-1 ...... *597 *596 Behind dam located 1,200 feet from *631 *631 County Road 157 Bridge. Cottonwood Creek ...... At Old Bastrop Highway bridge ...... *593 *592 200 feet upstream of Center Point Road None *669 Stream CC±1 ...... At confluence with Cottonwood Creek ..... *603 *601 Just west of Interstate Highway 35 ...... None *642 Stream CC±2 ...... At confluence with Cottonwood Creek ..... *643 *639 25438 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

#Depth in feet above ground. *Elevation in feet. State City/town/county Source of flooding Location (NGVD) Existing Modified

1,870 feet upstream of Hunter Road *711 *711 Bridge. Stream CC±2D ...... At confluence with Cottonwood Creek ..... *637 *634 Just upstream of Interstate Highway 35 *654 *656 Stream CC±IH35 ...... At confluence with Stream CC±1 ...... None *643 At the divergence from Cottonwood *654 *656 Creek. Blanco River ...... At confluence with San Marcos River ...... *572 *571 3,300 feet upstream of confluence of *1,029 *1,021 Wanslow Creek. Bypass Creek ...... 2,500 feet south of Missouri, Kansas, None *563 Texas Railroad bridge. 1,050 feet upstream of Harris Hill Road *606 *603 Bridge. Stream BPC±1 ...... At confluence with Stream BPC±2 ...... *579 *573 At divergence from Blanco River ...... *590 *593 Stream BPC±2 ...... At confluence with Bypass Creek ...... *581 *573 At the divergence from Blanco River ...... *597 *599 Loneman Creek ...... At confluence with Blanco River ...... *767 *760 Just above Deer Lake Road bridge ...... *917 *913 200 feet downstream of County Road *1,044 *1,042 317. Smith Creek ...... At confluence with Loneman Creek ...... *877 *872 Above earthen dam 4,700 feet upstream *1,015 *1,015 from Deer Lake Road Bridge. Cypress Creek ...... At confluence with Blanco River ...... *841 *839 1,250 feet above confluence of Stream *1,004 *1,001 CC±3. Stream Cypress-1 ...... At confluence with Cypress Creek ...... *972 *967 3,900 feet upstream of Valley Spring *1,035 *1,033 Road. Wilson Creek ...... At confluence with Blanco River ...... *848 *843 100 feet downstream of dirt road that *1,006 *1,005 intersects FM 2325. Willow Springs Creek ...... At confluence with San Marcos River ...... *574 *571 2,400 feet upstream of McCarty Lane ..... *716 *715 Stream WSC±RR ...... At confluence with Purgatory Creek ...... *586 *582 At the diversion from Willow Springs *591 *592 Creek. Stream WSC±1 ...... At confluence with Willow Springs Creek *671 *672 600 feet upstream of McCarty Lane ...... *707 *707 Purgatory Creek ...... At confluence with San Marcos River ...... *574 *571 Approximately 20,000 feet upsteam of *910 *910 SCS Dam #4. Stream PC±1 ...... At confluence with Purgatory Creek ...... *656 653 6,300 feet upstream of McCarty Lane *793 *792 bridge. Sink Creek ...... At confluence with San Marcos River ...... *579 *577 At County Road 213 crossing ...... *802 *801 Onion Creek ...... At the border of Travis County and Hays *649 *644 County. Approximately 2,5 miles upstream of *1,145 *1,141 County Road 190 bridge. Bear Creek ...... At the border of Hays County and Travis *805 *805 County. At dam located 2,000 feet upstream of *983 *986 Wildwood Hills Lane. Little Bear Creek ...... At the border of Hays County and Travis *675 *672 County. 2,500 feet upstream of Arbor Trail ...... *814 *815 Stream LB±1 ...... At confluence with Little Bear Creek ...... *743 *741 2,500 feet upstream of Chaparral Road *791 *790 Stream Bear-1 ...... At confluence with Bear Creek ...... *848 *848 At the border of Hays County and Travis *923 *922 County. Stream Bear-1A ...... At confluence with Stream Bear-1 ...... *851 *851 2,000 feet upstream of Todd Road bridge *1,036 *1,037 Stream Bear-2 ...... At confluence with Bear Creek ...... *850 *848 4,650 feet upstream of confluence with *920 *921 Bear Creek. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25439

#Depth in feet above ground. *Elevation in feet. State City/town/county Source of flooding Location (NGVD) Existing Modified

Barton Creek ...... At the border of Hays County and Travis *951 *942 County. At County Road 169 ...... None *1,133 Long Branch ...... At the border of Hays County and Travis *1,036 *1,035 County. Above dam located 3,000 feet upstream *1,160 *1,160 of Carriage House Lane. Stream BC±1 ...... At confluence with Barton Creek ...... *955 *948 3,300 feet upstream of confluence of *1,151 *1,151 Stream BC±1A. Stream BC±1A ...... At confluence with Stream BC±1 ...... *1,085 *1,085 1,870 feet upstream of confluence with *1,124 *1,124 Stream BC±1. Roy Branch ...... At confluence with Barton Creek ...... *962 *957 2,100 feet upstream of Oakwood Lane *1,105 *1,103 Bridge. Cottonwood Branch ...... At confluence with Ray Branch ...... *993 *991 1,000 feet upstream of Hidden Hills Drive *1,096 *1,096 bridge. Little Barton Creek ...... At confluence with Barton Creek ...... *996 *989 2,500 feet upstream of Spring Lake Drive *1,246 *1,245 bridge. Stream BC±2 ...... At confluence with Barton Creek ...... *1,100 *1,096 750 feet upstream of County Road 169 ... *1,227 *1,227 Stream BC±2A ...... At confluence with Stream BC±2 ...... *1,154 *1,153 Approximately 5,500 feet upstream of *1,236 *1,236 confluence with Stream BC±2. School House Hollow ...... At confluence with Barton Creek ...... None *1,119 Above dam located 2,000 feet upstream *1,192 *1,192 of County Road 169 bridge. Stream SH±1 ...... At confluence with School House Hollow *1,186 *1,185 Approximately 4,000 feet upstream of *1,262 *1,261 confluence with School House Hollow. Purgatory Creek Diversion At confluence with Purgatory Creek ...... *584 *583 #1. At divergence from Purgatory Creek ...... *605 *602 Purgatory Creek Diversion At confluence with Willow Springs Creek *581 *581 #2. At divergence from Purgatory Creek ...... *586 *585 Maps are available for inspection at Hays County Environmental Health Department, 1251 Civic Center Loop, San Marcos, Texas. Send comments to The Honorable Eddie Etheredge, Judge, Hays County Courthouse, 102 North L.B.J. Drive, San Marcos, Texas 78666. Maps are available for inspection at the City of Kyle, Department of Public Works, City Hall, 101 South Burleson, Kyle, Texas. Send comments to The Honorable Marle D. Wilkins, Mayor, City of Kyle, P.O. Box 40, Kyle, Texas 78640. Maps are available for inspection at the City of San Marcos, Engineering Department, San Marcos City Hall, 630 East Hopkins Street, San Marcos, Texas. Send comments to The Honorable Kathy Morris, Mayor, City of San Marcos, 630 East Hopkins Street, San Marcos, Texas 78666. Maps are available for inspection at the City of Woodcreek, 17 Wildwood, Wimberley, Texas 78676. Send comments to The Honorable Jeannie Pool, Mayor, City of Woodcreek, P.O. Box 1570, Woodcreek, Texas 78676. Maps are available for inspection at the City of Buda, City Hall, 121 North Main Street, Buda, Texas. Send comments to The Honorable W.G. White, Mayor, City of Buda, P.O. Box 1218, Buda, Texas 78610. Maps are available for inspection at the City of Hays, c/o Mayor of Hays, 12633 Red Bud Trail, Buda, Texas. Send comments to The Honorable William Couch, Mayor, City of Hays, 12633 Red Bud Trail, Buda, Texas 78610. Maps are available for inspection at the City of Niederwald, Go Forth Water Supply, 13841 Comino Real, Neiderwald, Texas. Send comments to The Honorable Fern Howze, Mayor, City of Neiderwald, 13851 Comino Real, Neiderwald, Texas 78640. Maps are available for inspection at the Township of Uhland, 17 Cotton Gin Road, Uhland, Texas. Send comments to The Honorable Dan Sorrells, Mayor, Township of Uhland, 17 Cotton Gin Road, Uhland, Texas 78640.

Texas ...... Newton County Sabine River ...... At the border of Orange County and None *17 (Unincorporated Newton County. Areas). At the State Highway 12 bridge ...... None *24 At the U.S. Highway 190 bridge ...... None *72 At the State Highway 63 bridge ...... None *107 25440 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

#Depth in feet above ground. *Elevation in feet. State City/town/county Source of flooding Location (NGVD) Existing Modified

At the border of Newton County and None *117 Sabine Parish. Maps are available for inspection at the Newton County Courthouse, Highway 190 West, Newton, Texas. Send comments to The Honorable Lon Sharver, Newton County Judge, P.O. Box J, Newton, Texas 75966.

Texas ...... Parker County (Un- Clear Fork Trinity River .... At Tarrant County-Parker County Line ..... None *734 incorporated Areas). Just downstream of Armageddon Ranch None *752 Road. At Underwood Road ...... None *808 Approximately 150 feet upstream of *847 *843 Crown Road Bridge. At City of Weatherford corporate limits .... *859 *856 Stream CF (WP)±1 ...... Approximately 1,200 feet downstream of None *827 East Bankhead Drive. Approximately 120 feet downstream of None *835 East Bankhead Drive. Just upstream of East Bankhead Drive ... None *841 Maps are available for inspection at the Floodplain Department, Office of the County Judge, One Courthouse Square, Weatherford, Texas. Send comments to The Honorable Ben Long, County Judge, Parker County Courthouse, One Courthouse Square, Weatherford, Texas 76086.

Texas ...... Weatherford (City) Clear Fork Trinity River .... At the corporate limits approximately *859 *856 Parker County. 1,000 feet downstream of West Lake Drive. Approximately 400 feet upstream of West None *860 Lake Road. Maps are available for inspection at the Department of Code Enforcement, City of Weatherford, City Hall, 303 Palo Pinto Street, Weatherford, Texas. Send comments to The Honorable Sherry Watson, Mayor, City of Weatherford, P.O. Box 255, Weatherford, Texas 76086.

Texas ...... Willow Park (City) Clear Fork Trinity River .... At the corporate limits approximately 400 *833 *830 feet downstream of East Bankhead Highway. Approximately 100 feet upstream of Inter- *839 *834 state Highway 20. At the upstream corporate limits approxi- *845 *843 mately 6,300 feet upstream of Inter- state Highway 20 westbound. Maps are available for inspection at City Hall, City of Willow Park, 101 Stage Coach Trail, Willow Park, Texas. Send comments to The Honorable William Clemens, Mayor, City of Willow Park, 101 Stage Coach Trail, Willow Park, Texas 76086.

(Catalog of Federal Domestic Assistance No. ENVIRONMENTAL PROTECTION process. EPA is aware that Part 15 of the 83.100, ‘‘Flood Insurance.’’) AGENCY Federal Acquisition Regulation is Dated: May 13, 1996. currently undergoing revision. The Richard W. Krimm, 48 CFR Parts 1515 and 1552 Agency believes that its changes will Acting Associate Director for Mitigation. [FRL±5505±3] not conflict with any subsequent revisions to Part 15. Additionally, the [FR Doc. 96–12717 Filed 5–20–96; 8:45 am] Acquisition Regulation; Source Agency believes that the changes to its BILLING CODE 6718±04±P Selection Process acquisition regulation are needed now as an interim measure to streamline the AGENCY: Environmental Protection process and empower Contracting Agency. Officers at EPA. This rule is also ACTION: Proposed rule. necessary to implement portions of the SUMMARY: The Environmental Protection Federal Acquisition Streamlining Act of Agency (EPA) is proposing to revise its 1994. acquisition regulation (48 CFR Chapter DATE: Comments should be submitted 15) coverage on the source selection not later than July 22, 1996. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25441

ADDRESSES: Written comments should Category Regulated entity Office, the SSO has the discretion of be submitted to the contact listed below assigning this evaluation responsibility at the following address: U.S. Industry ...... EPA Contractors. to the Project Officer, if appropriate, or Environmental Protection Agency, to the TEP. When offerors’ past Office of Acquisition Management List of Subjects in 48 CFR Parts 1515 performance is evaluated as part of the (3802F), 401 M Street SW., Washington, and 1552 technical proposal evaluation process, DC 20460. Comments and data may also Government procurement. the past performance evaluation shall be be submitted electronically by sending conducted by the TEP, or by the Authority: The provisions of this electronic mail (e-mail) to: Contracting Officer and the Project regulation are issued under 5 U.S.C. 301; Sec. Officer. Based on input from the Project [email protected]. 205(c), 63 Stat. 390, as amended, 40 U.S.C. Electronic comments must be submitted 486(c). Officer, the Contracting Officer has the discretion of assigning this as an ASCII file avoiding the use of Dated: May 7, 1996. special characters and any form of responsibility to the TEP or to the Betty L. Bailey, Contracting Officer and Project Officer. encryption. Comments and data will Director, Ofice of Acquisition Management. also be accepted on disks in (d) Business Evaluation Panel (BEP). WordPerfect in 5.1 format or ASCII file Therefore, 48 CFR chapter 15 is (1) The Contracts Office has the format. No Confidential Business proposed to be amended as set forth responsibility for reviewing solicitation Information (CBI) should be submitted below: evaluation criteria and the Statement of through e-mail. Electronic comments on Work from a business perspective; PARTS 1515 AND 1552Ð[AMENDED] evaluating the business, pricing, and this proposed rule may be filed on-line contractual aspects of the offerors’ at many Federal Depository Libraries. 1. The authority citations for parts 1515 and 1552 continue to read as business and technical proposals; and FOR FURTHER INFORMATION CONTACT: follows: examining other factors such as the Louise Senzel, Environmental responsibility of the offerors. Based on Protection Agency, Office of Acquisition Authority: Sec. 205(c), 63 Stat. 390, as the recommendation of the Contracting amended, 40 U.S.C. 486(c). Management (3802F), 401 M Street SW., Officer, the SSO has the discretion to Washington, DC 20460. Telephone: § 1515.407 [Amended] designate these responsibilities to the (202) 260–6204. 2. Section 1515.407 is amended by Contracting Officer or designating a BEP. Sections 1515.612(a) (vi) and (vii) SUPPLEMENTARY INFORMATION: removing paragraph (a)(1) and by redesignating paragraphs (a) (2) and (3) are applicable only when the SSO has A. Executive Order 12866 as (a) (1) and (2). designated a BEP. (2) When no BEP is 3. Section 1515.604 is amended by convened, the Contracting Officer shall The proposed rule is not a significant revising paragraphs (a), (c) and (d) to perform a preliminary cost evaluation of regulatory action for the purposes of read as follows: each offeror’s cost/price proposal to Executive Order 12866; therefore, no identify any cost elements that appear review is required by the Office of 1515.604 Responsibilities and duties. unreasonable or questionable. When Information and Regulatory Affairs. * * * * * cost analysis is employed, the Contracting Officer shall perform a B. Paperwork Reduction Act (a) Source Selection Official. The Source Selection Official (SSO) is the detailed cost analysis of the business The Paperwork Reduction Act does official responsible for overall proposal which includes an evaluation not apply because this proposed rule management of the source selection of the offeror’s subcontracting program, does not contain information collection process. Duties of the SSO include, but management structure, and any other requirements that require the approval are not limited to, appointing members relevant factors which may prevent of OMB under the Paperwork Reduction and chairpersons of the Source award to an offeror. This analysis may Act of 1980 (44 U.S.C. 3501 et seq.) Evaluation Board, the Technical be included in a separate report, in the Evaluation Panel (TEP), and the competitive range determination, or in C. Regulatory Flexibility Act Business Evaluation Panel (BEP); and the pre/post-negotiation memorandum. approving solicitation related 4. Section 1515.604–70 is amended by The EPA certifies that this proposed documents. However, the Contracting adding paragraph (c) to read as follows: rule does not exert a significant Officer is responsible for approving economic impact on a substantial 1515.604±70 Personal conflicts of interest. amendments to solicitation documents. number of small entities. The The SSO may waive the requirement in * * * * * requirements to contractors under the 1515.612(a)(v) for at least one member (c) Each EPA employee (including proposed rule impose no reporting, of the TEP to be an individual not special employees) involved in source record-keeping, or any compliance involved in managing the current evaluation and selection is required to costs. contract. The SSO also approves the comply with the Office of Government Ethics ethics provisions at 5 CFR part D. Unfunded Mandates competitive range determination and makes the source selection decision. 2635. 5. Section 1515.605 is amended by This proposed rule will not impose * * * * * unfunded mandates on state or local revising paragraphs (a) and (b) and (c) Technical Evaluation Panel (TEP). adding paragraph (c) to read as follows: entities, or others. The Program Office has the E. Regulated Entities responsibility for developing the 1515.605 Evaluation factors. technical evaluation criteria and * * * * * EPA contractors are entities statement of work for the solicitation. (a) The Contracting Officer shall insert potentially affected by this action. The TEP has the responsibility for the provisions at 1552.215–70, ‘‘EPA Specifically, those entities competing evaluating the technical aspects of the Source Evaluation and Selection under solicitations for negotiated offerors’ technical proposals. Based on Procedures—Negotiated Procurement’’ procurements will be affected. the recommendation of the Program and either: the provision in 1552.215– 25442 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

71, ‘‘Evaluation Factors for Award,’’ are acceptable or unacceptable, and/or deficiencies, or questions associated where all evaluation factors other than whether the offerors’ response to with their technical proposals. The cost or price when combined are individual criteria are acceptable or Contracting Officer may review the significantly more important than cost unacceptable. technical proposals and TEP evaluation, or price; or the provision in Alternate I and submit any additional to 1552.215–71, where all evaluation SCORING PLAN interrogatories deemed appropriate. factors other than cost or price when (2)(i) A statement that the respective combined are significantly less Value Descriptive statement technical evaluation panel members are important than cost or price; or the free from actual or potential personal provision in Alternate II to 1552.215–71, 0 ...... The factor is not addressed, or is to- conflicts of interest and are in where award will be made to the offeror tally deficient and without merit. 1 ...... The factor is addressed, but contains compliance with the Office of with the lowest-evaluated cost or price deficiencies and/or weaknesses that Government Ethics ethics provisions at whose technical proposal meets the can be corrected only by major or 5 CFR Part 2635. minimum needs of the Government; or significant changes to relevant por- * * * * * the provision in Alternate III where all tions of the proposal, or the factor is (3) The Contracting Officer may evaluation factors other than cost or addressed so minimally or vaguely release the cost/price proposals to the price when combined are approximately that there are widespread informa- entire TEP or solely to the TEP tion gaps. In addition, because of equal to cost or price. The Contracting Chairperson, after the TEP has Officer may use provisions substantially the deficiencies, weaknesses, and/ or information gaps, serious con- completed its evaluation of initial the same as 1552.215–71, Alternate I to proposals. The TEP or Chairperson 1552.215–71, Alternate II to 1552.215– cerns exist on the part of the TEP about the offeror's ability to perform should evaluate cost/price proposals to 71, or Alternate III to 1552.215–71 the required work. determine whether the offerors’ cost/ without requesting a deviation to the 2 ...... Information related to the factor is in- price proposals adequately reflect their EPAAR. complete, unclear, or indicates an technical proposals and the (b) Technical evaluation criteria inadequate approach to, or under- requirements of the solicitation, and should be prepared in accordance with standing of the factor. The TEP be- demonstrate that the proposed price or FAR 15.605 and inserted into paragraph lieves there is question as to wheth- cost provides an adequate (b) of the provision at 1552.215–71, er the offeror would be able to per- understanding of the requirements of Alternate I, and Alternate III. If form satisfactorily. the solicitation. Any inconsistencies technical evaluation criteria are used in 3 ...... The response to the factor is ade- between the proposals and the Alternate II, the criteria should be quate. Overall, it meets the speci- fications and requirements, such solicitation requirements should be prepared in accordance with FAR that the TEP believes that the identified. Any inconsistencies between 15.605 and inserted into paragraph (b). offeror could perform to meet the the cost and technical proposals should When past performance is to be used as Government's minimum require- also be identified. an evaluation factor, the Contracting ments. Officer must develop a criteria for 4 ...... The response to the factor is good * * * * * evaluating past performance and with some superior features. Infor- 7. Section 1515.609 is amended by include such criteria in section M of the mation provided is generally clear, revising paragraph (c) to read as follows: and the approach is acceptable with solicitation. 1515.609 Competitive range. (c) Evaluation Methodologies. the possibility of more than ade- quate performance. (a) * * * Evaluation criteria may be developed 5 ...... The response to the factor is superior (b) * * * using methodologies other than in most features. The goal of the (c)(1) When a single proposal is the numerical scoring, e.g., adjectival technical evaluation is to under- only proposal in the competitive range, ratings or color scoring. The relative stand each offeror's proposal and to as part of the required discussion in the importance of the evaluation criteria assess each proposal relative to the competitive range determination, must be clearly identified in the specified evaluation factors. The Contracting Officers shall address at a solicitation. The Contracting Officer TEP report(s) should address any minimum the following factors: whether should identify and prepare evaluation perceived strengths, as well as any the requirement could have been broken criteria consistent with FAR 15.605. perceived weaknesses or defi- 6. Section 1515.608 is amended by ciencies, and risks associated with up into smaller components; whether the offerors' performance. Scores revising paragraphs (a)(1), (b)(1)(ii), and the solicitation provided adequate may or may not change from the response time; whether the requirement (b)(2)(i); by adding paragraph (b)(3); by initial evaluation to the supple- removing paragraph (c) and by could have been satisfied with reduced mental evaluation, depending on staffing levels (discussion may be redesignating paragraphs (d) and (e) as the offeror's response to interrog- (c) and (d) to read as follows: atories. The supplemental TEP re- combined with the first factor); and if port must explain the rationale for applicable, whether the work required 1515.608 Proposal evaluation. no change in score as well as any onsite could otherwise be performed at (a) * * * decrease or increase in score as a a contractor’s facility, avoiding the cost (1) Technical proposals shall be result of the offeror's response to and logistical implications of relocating evaluated solely on the factors specified interrogatories. employees. in the solicitation and in accordance (2) In cases where only a single with FAR 15.608. Additionally, the * * * * * proposal has been received and a evaluation of technical proposals (b) * * * competitive range determination has not (including past performance factors) (1) * * * been prepared, the discussion of the shall be accomplished using the scoring (i) * * * reasons for receipt of the single proposal plan shown below or one specifically (ii) Any interrogatories the which otherwise would be contained in developed for the solicitation. Contracting Officer should submit to the competitive range determination Contracting Officers may request that offerors to clarify their technical shall be included in the source selection the TEP also indicate whether proposals proposals to address any weaknesses, document. The discussion in the source Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25443 selection document at a minimum shall Procedures in EPAAR Part 1515 (48 CFR part (End of Provision) 1515). The significant features of this address the factors referenced in Evaluation Factors for Award (XX 1996) paragraph (c)(1) of this section. procedure are: Alternate III (XX 96) (3) The Contracting Officer shall (1) The Government will perform either cost analysis or price analysis of the offeror’s (a) The Government will make award to the provide a copy of the competitive range responsible offeror(s) whose offer conforms cost/business proposal in accordance with determination or source selection to the solicitation and is most advantageous document to the Competition Advocate FAR parts 15 and 31, as appropriate. In to the Government, cost or price, and other for review and concurrence prior to addition, the Government will also evaluate factors considered. For this solicitation, all approval. proposals to determine contract cost or price evaluation factors other than cost or price 8. Section 1515.611 is revised to read realism. Cost or price realism relates to an when combined are approximately equal to offeror’s demonstrating that the proposed as follows: cost or price. cost or price provides an adequate reflection (b) Technical Evaluation Criteria. 1515.611 Best and final offers. of the offeror’s understanding of the (End of Provision) The Contracting Officer shall establish requirements of this solicitation, i.e., that the cost or price is not unrealistically low or 1552.215±72 [Removed] a common cut-off date for receipt of unreasonably high. 12. Section 1552.215–72 is removed. revised proposals and/or confirmations (2) The Government will evaluate technical of negotiations (best and final offers) proposals as specified in 1552.215–71, [FR Doc. 96–12628 Filed 5–20–96; 8:45 am] upon completion of negotiations. Evaluation Factors for Award. BILLING CODE 6560±50±P 9. Section 1515.612 is amended by (b) In addition to evaluation of the revising paragraphs (a)(1) (iii), (iv) and previously discussed elements, the (v); and by adding paragraph (c) to read Government will consider in any award DEPARTMENT OF COMMERCE as follows: decision the responsibility factors set forth in FAR part 9. National Oceanic and Atmospheric 1515.612 Formal source selection. (End of Provision) Administration (a) * * * (1) * * * 11. Section 1552.215–71 is revised as 50 CFR Parts 246, 280, 281, 282, 298, (iii) SEB Membership—The SSO will follows: 299, 300, 301, 371, 380, and 695 determine the organizational levels of 1552.215±71 Evaluation Factors for Award. [Docket No. 960419115±6115±01; I.D. the individuals to serve on the SEB. 032196A] (iv) TEP Chairperson—The SSO will As prescribed in 1515.605, insert one RIN 0648±AI22 determine, based on the of the following provisions. recommendation of the requesting International Fisheries; Consolidation program office, the Chairperson of the Evaluation Factors for Award (XX 1996) of Regulations TEP. For recompetes or follow-on (a) The Government will make award to the contracts, the Chairperson should responsible offeror(s) whose offer conforms AGENCY: National Marine Fisheries normally not be the incumbent to the solicitation and is most advantageous Service (NMFS), National Oceanic and contract’s Project Officer. to the Government, cost or price and other Atmospheric Administration (NOAA), (v) TEP Membership—At least two factors considered. For this solicitation, all Commerce. evaluation factors other than cost or price members, in addition to the Project ACTION: when combined are significantly more Proposed rule; request for Officer, who are knowledgeable of the comments. procurement’s technical aspects. If the important than cost or price. (b) Technical Evaluation Criteria. procurement is a follow-on to an SUMMARY: NMFS proposes to existing contract, at least one of the TEP (End of Provision) consolidate 10 CFR parts into one part members should be someone who is not Evaluation Factors for Award (XX 1996) that would contain regulations involved in managing the current Alternate I (XX 96) governing international fisheries in the U.S. Exclusive Economic Zone (EEZ) contract, preferably from outside of the (a) The Government will make award to the and on the high seas. All but one of the program division which originated the responsible offeror(s) whose offer conforms requirement. See 1515.605(a) for waiver to the solicitation and is most advantageous consolidated parts implement an of this requirement. to the Government, cost or price, and other international agreement, convention, or * * * * * factors considered. For this solicitation, all treaty to which the United States is a (c) Source selection plan. No separate evaluation factors other than cost or price party. The consolidated text would be source selection plan is required. The when combined are significantly less reorganized into a more logical and Contracting Officer may include the important than cost or price. cohesive order, duplicative and information required by FAR 15.612(c) (b) Technical Evaluation Criteria. outdated provisions would be in the individual acquisition plan. (End of Provision) eliminated, and editorial changes would be made for readability, clarity, and 10. Section 1552.215–70 is revised to Evaluation Factors for Award—Proposal read as follows: uniformity. Framework procedures Meets the Minimum Needs of the would be added for the specifications of 1552.215±70 EPA Source Selection and Government With the Lowest Evaluated Cost/Price. Alternate II (XX 1996) annual management measures under Selection ProceduresÐNegotiated two parts. In addition, an obsolete CFR Procurements (XX 1996) (a) The Government will make award to the part would be removed. The purpose of As prescribed in 1515.605, insert the lowest-evaluated cost or price, technically this proposed rule is to make the following provision. acceptable, responsible offeror whose offer regulations more concise, better meets the minimum needs of the EPA Source Selection and Selection Government. In the event that there are two organized and, therefore, easier for the Procedures—Negotiated Procurements (XX or more technically acceptable, equal price public to use. This proposed action is 1996) (cost) offers, the Government will consider part of the President’s Regulatory (a) The Government will perform source other factors, as listed below in descending Reinvention Initiative. selection in accordance with FAR part 15 and order of importance: DATES: Comments must be received on the EPA Source Evaluation and Selection (b) Technical Evaluation Criteria. or before June 14, 1996. 25444 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

ADDRESSES: Comments should be sent to one set of regulations that is more facilitation of enforcement provisions Robert Gorrell, Office of Fisheries concise, clearer, and easier to use than are grouped by compliance assurance, Conservation and Management, NMFS, the existing regulations found in 11 communications, boarding, and signals. 1315 East-West Highway, Silver Spring, separate parts. Some subparts have their own MD 20910. Comments regarding burden- Reorganization of measures within the facilitation of enforcement provisions hour estimates or other aspects of the consolidated regulations and that are specific to each subpart. The collection-of-information requirements elimination of obsolete or duplicative general provisions were drawn from contained in this rule should be sent to provisions. NMFS proposes to simplify several of the existing parts that would Robert Gorrell at the above address and and shorten all the existing be consolidated; however, these to the Office of Information and international fisheries regulations and provisions are newly applicable for Regulatory Affairs, Office of recodify these in part 300. A subpart A most subparts. Management and Budget, Washington, containing general provisions would be Third, proposed subpart E—Pacific DC 20503 (Attention: NOAA Desk created with a separate subpart Halibut Fisheries would greatly reduce Officer). (subparts B through K) for each of the the existing Pacific halibut regulations FOR FURTHER INFORMATION CONTACT: 10 parts being consolidated. Because by eliminating from codification all but Robert Gorrell, 301–713–2343. portions of the existing regulations one of the existing sections containing contain identical or nearly identical management measures and substituting SUPPLEMENTARY INFORMATION: provisions, this rule would combine and a new International Pacific Halibut Background restructure text. Regulatory language Commission (IPHC) annual management would be revised to improve clarity and measures section (§ 300.62) and a new In March 1995, President Clinton consistency. catch sharing plan and domestic issued a directive to Federal agencies Duplicative and obsolete provisions management section (§ 300.63). Many of regarding their responsibilities under would be removed. Terms and other the definitions also would be removed his Regulatory Reinvention Initiative. regulatory provisions believed to be from codification, as those terms would This initiative is part of the National nonessential also would be removed. No no longer be used in codified text. The Performance Review and calls for substantive changes, except for those IPHC annual management measures comprehensive regulatory reform. The specifically identified below, are section would establish a procedure for President directed all agencies to intended. the Assistant Administrator for undertake a review of all their This proposed rule includes five types Fisheries, NMFS (Assistant regulations, with an emphasis on of substantive revisions. First, proposed Administrator), to publish the IPHC eliminating or modifying those that are subpart A—General includes a regulations by single notice in the obsolete, duplicative, or otherwise in definitions section (§ 300.2). The Federal Register. The catch sharing plan need of reform. This proposed rule is standard for inclusion under general section would establish a procedure for intended to carry out the President’s definitions is that the term have general the Assistant Administrator and the directive with respect to those applicability throughout the part. All appropriate Regional Fishery regulations governing international these terms were moved from one or Management Council to develop plans fisheries, other than whaling and more of the existing parts that would be to apportion catch limits adopted by the Atlantic highly migratory species, under consolidated. Where a term was defined IPHC and implement domestic the jurisdiction of NMFS. similarly in two or more existing parts, management measures by preliminary Consolidation of regulations into one a single definition was selected for and final notices in the Federal CFR part (50 CFR part 300). Currently, inclusion in § 300.2. Consequently, Register. A prohibitions section would regulations governing international definitions for some parts have been be added to make it unlawful to fish for fisheries, other than whaling and modified slightly, while others are halibut except in accordance with the Atlantic highly migratory species, are newly applicable. Some terms in IPHC’s annual management measures or contained in 11 separate parts of title 50 subpart A are defined differently in in accordance with the Assistant of the CFR. NMFS is proposing to certain other subparts. In those Administrator’s catch sharing plans and remove nine of the parts (parts 246 instances, the definition of the term as implementing management measures. (Marking of Containers or Packages), set forth in the program subpart applies The one existing section that would 280 (Pacific Tuna Fisheries), 282 (South therein, rather than the definition remain codified concerns fishing by Pacific Tuna Fisheries), 298 (United contained in the general subpart. U.S. treaty Indian tribes (§ 300.64). All States-Canada Fisheries Enforcement Second, proposed subpart A—General those management measures adopted by Agreement), 299 (U.S. Nationals Fishing includes both a general prohibitions the IPHC and NMFS and currently in in the Russian Fisheries), 301 (Pacific section (§ 300.4) and a facilitation of effect (as codified in the current 50 CFR Halibut Fisheries), 371 (Fraser River enforcement section (§ 300.5). The part 301 with 1996 revisions published Sockeye and Pink Salmon Fisheries), prohibitions and facilitation of at 61 FR 11337, March 20, 1996) would 380 (Antarctic Marine Living Resources enforcement sections contain provisions continue in effect until replaced by Convention Act of 1984), and 695 that are generally applicable to many management measures in 1997 to be (Vessels of the United States Fishing in situations. One group of prohibitions published in the Federal Register Columbian Treaty Waters)) and to deals with the protection of authorized pursuant to §§ 300.62 and 300.63 consolidate the regulations contained officers and observers, another group proposed by this rule. This substantive therein with the existing regulations in insures the validity of information and change is discussed in more detail part 300 (High Seas Fisheries). NMFS recordkeeping and assists in below. also is proposing to eliminate part 281 investigations, another protects against Fourth, proposed subpart H— (Restrictions on Tuna Imports) as no destruction of evidence, and another Antarctic Marine Living Resources longer necessary. The consolidated prohibits the transportation or would establish a framework procedure regulations would provide the public possession of illegally obtained living by which NMFS would publish annual with a single reference source for the marine resources. The prohibitions in management measures by single notice regulations applying to international the other subparts contain prohibitions in the Federal Register, rather than by fisheries. Consolidation would result in that are specific to each subpart. The codified rules. These management Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25445 measures are modified annually and potential for confusion would be unless otherwise modified or need not be codified. All those avoided. withdrawn. management measures adopted by the The parties to the Convention References to Other Proposed Rules. Commission for the Conservation of between the United States and Canada NMFS, in another rulemaking published Antarctic Marine Living Resources for the Preservation of the Halibut May 1, 1996, at 61 FR 19390, proposed (Commission) and published on March Fishery of the Northern Pacific Ocean to consolidate general provisions of the 5, 1996 (61 FR 8483), as well as other and Bering Sea convene an annual Magnuson Fishery Conservation and Commission measures still in effect, meeting in January. At the annual Management Act into 50 CFR part 600. would continue in effect until replaced meeting the Commission adopts final Because some of the general provisions by management measures in 1997 to be catch limits and other management to be consolidated into part 600 apply published in the Federal Register under measures after considering staff and to several international fisheries the proposed framework procedures at industry recommendations and public regulations proposed for consolidation § 300.111. This substantive change is testimony. These measures generally are in this rule, the regulatory text in this discussed in more detail below. revised annually. Because title 50 CFR rule includes references to the Fifth, the requirements of part 281— is published only once a year, reflecting consolidated part 600, rather than to Restrictions on Tuna Imports are measures in effect as of the preceding existing codified text. proposed for elimination because they October 1, many of the measures would Request for comments. NMFS are no longer necessary. For have been superseded and conceivably specifically requests comments or approximately 2 decades, there have not could cause confusion. Also, the Office suggestions for further consolidation or been yellowfin quotas under the of the Federal Register prefers not to elimination of obsolete or duplicative Convention for the Establishment of an codify regulations with limited effect, provisions contained in the proposed Inter-American Tropical Tuna i.e., generally a year or less. revision to international fisheries Establishment of broad framework Commission that the part 281 regulations. procedures for future Antarctic regulations were designed to address. If Under NOAA Administrative Order regulatory changes. Proposed subpart G there were a need in the future for a 205–11, 7.01, dated December 17, 1990, contains framework procedures to tuna quota regime under the Inter- the Under Secretary for Oceans and implement annual management American Tropical Tuna Commission, Atmosphere has delegated, to the measures by regulatory notice. By there would be adequate time to establishing a framework for Assistant Administrator, the authority to implement such a regulatory scheme. implementing management measures sign material for publication in the No quotas are expected in the that are adopted annually by the Federal Register. foreseeable future. Commission and agreed to by the Classification Decodification of the IPHC’s United States, the administration of the This proposed rule has been Regulations and NMFS’s Catch Sharing management program would be Regulations. Proposed subpart E improved, the potential for confusion determined to be not significant for the contains an annual management would be avoided, and the codification purposes of E.O. 12866. measures section that explains the of regulations would be reduced. The Assistant General Counsel for process for NMFS publishing IPHC’s The parties to the Convention on the Legislation and Regulation of the annual management measures by single Conservation of Antarctic Marine Living Department of Commerce certified to notice, with immediate regulatory effect, Resources meet annually to adopt the Chief Counsel for Advocacy of the in the Federal Register. The annual conservation and other management Small Business Administration that this management measures would need to be measures to govern fishing and related proposed rule, if adopted, would not published by March 15. In addition, the activities to be conducted in the have a significant economic impact on IPHC makes its regulations available to Antarctic region. Following the a substantial number of small entities. fishermen in handbook form. Presently, conclusion of the meeting, the Secretary The proposed consolidations and IPHC’s regulations are codified. Of the of State publishes a document for public revisions to the existing regulatory text current codified domestic halibut comment, in the Federal Register, of the are intended to make the regulations management sections, only one section measures adopted by the Commission. If more concise, better organized, and (Fishing by U.S. Treaty Indian Tribes) the United States does not object to the easier for the public to use and would would be retained. measures within 90 days of notification have little or no economic impact on Proposed subpart E also contains a by the Commission, the United States is any small entities. Applying selected catch sharing plan section that explains bound by those measures. After prohibitions and facilitation of implementation of catch sharing plans. considering any public comment on the enforcement provisions to all subparts It explains the two notice process for measures, the Assistant Administrator could result in improved enforcement of NMFS to implement management publishes a final rule codifying the the regulations, but are not expected to measures under the area 2A catch management measures. These measures change fishing practices, costs, or sharing plan. The preliminary notice of generally have a limited effect of revenues. As a result, a regulatory management measures would need to be approximately 1 year, when measures flexibility analysis was not prepared. published by January 1. The public for the succeeding year supersede This proposed rule contains would be provided a comment period current measures. Therefore codification collection-of-information requirements that extends until after the annual IPHC is not necessary and could cause subject to the Paperwork Reduction Act meeting when the final catch limits are confusion. Further, the Office of the (PRA) that were previously approved by announced. The measures will then be Federal Register prefers not to codify the Office of Management and Budget. published in a final notice, with regulations with limited effect. Under Notwithstanding any other provision immediate regulatory effect. the framework proposed in this rule, of the law, no person is required to By decodifying the IPHC regulations notification of annual measures would respond to, nor shall any person be and NMFS’s catch sharing regulations, be published in the Federal Register, subject to a penalty for failure to comply the administration of the management and would have force and effect until with a collection of information, subject program would be improved and the superseded by the next year’s notice, to the requirements of the PRA, unless 25446 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules that collection of information displays a (p) Approved under 0648–0305— 50 CFR Parts 280 and 282 currently valid OMB Control Number. Antarctic marine living resources, gear Fisheries, Reporting and The following collection-of- identification (§ 300.108(c)), estimated recordkeeping requirements, Treaties. information requirements have been at .25 hours per marking. approved by OMB for international (q) Approved under 0648–0194— 50 CFR Part 281 fisheries regulations under the following Antarctic marine living resources, Fisheries, Imports, Treaties. approval numbers: harvesting permits (§ 300.112), (a) Approved under 0648–0304—High estimated at .5 hours per response. 50 CFR Part 298 seas fisheries, vessel permits (§ 300.13), (r) Approved under 0648–0194— Canada, Fisheries, Treaties. estimated at .5 hours per response. Antarctic marine living resources, 50 CFR Part 299 (b) Approved under 0648–0148— import permits (§ 300.113), estimated at Pacific tuna fisheries, yellowfin tuna .5 hours per response. Fisheries, Reporting and recordkeeping and written reports (s) Approved under 0648–0205— recordkeeping requirements, Russian (§ 300.22), estimated at .1 hours per Vessels of the United States fishing in Federation, Treaties. response. Colombian Treaty waters, certificates 50 CFR Part 300 (c) Approved under 0648–0202— and permits (§ 300.123), estimated at .33 Fisheries, High seas fishing, Pacific bluefin tuna dealer permits hours per response. (§ 300.24), estimated at .083 hours per International agreements, Reporting and (t) Approved under 0648–0016— response. recordkeeping requirements, Permits. Vessels of the United States fishing in (d) Approved under 0648–0239— Colombian Treaty waters, recordkeeping 50 CFR Parts 301 and 695 Pacific bluefin tuna dealer and reporting (§ 300.124(b)), estimated recordkeeping and reporting (§ 300.25), Fisheries, Fishing, Reporting and at .22 hours per response. estimated at .25 hours per response. recordkeeping requirements, Treaties. (u) Approved under 0648–0306— (e) Approved under 0648–0239— 50 CFR Part 371 Pacific tuna fisheries, Pacific bluefin Vessels of the United States fishing in tuna affixing of tags (§ 300.26(c)), Colombian Treaty waters, vessel Canada, Fisheries, Fishing, Indians, estimated at .017 hours per response. identification (§ 300.125), estimated at Treaties. .25 hours per marking. (f) Approved under 0648–0239— 50 CFR Part 380 Pacific tuna fisheries, Pacific bluefin (v) Approved under 0648–0228—U.S. tuna removal of tags (§ 300.26(d)), nationals fishing in Russian fisheries, Administrative practice and estimated at .017 hours per response. permit procedures (§ 300.152), procedure, Antarctica, Fish, Imports, (g) Approved under 0648–0218— estimated at .5 hours per response. Marine resources, Reporting and South Pacific tuna fisheries, vessel (w) Approved under 0648–0228—U.S. recordkeeping requirements, Treaties, licenses (§ 300.32), estimated at .25 nationals fishing in Russian fisheries, Wildlife. hours per response. permit issuance, copies (§ 300.153(b)), Dated: May 13, 1996. (h) Approved under 0648–0306— estimated at .167 hours per response. Gary Matlock, South Pacific tuna fisheries, reporting (x) Approved under 0648–0228—U.S. Program Management Officer, National requirements (§ 300.34), estimated at .25 nationals fishing in Russian fisheries, Marine Fisheries Service. hours per marking. recordkeeping and reporting, vessel For the reasons set out in the (i) Approved under 0648–0306— permit abstract report (§ 300.154(b)), preamble, chapters II, III, and VI are South Pacific tuna fisheries, vessel and estimated at .5 hours per response. proposed to be amended as follows: gear identification (§ 300.35), estimated (y) Approved under 0648–0228—U.S. at .25 hours per marking. nationals fishing in Russian fisheries, CHAPTER IIÐNATIONAL MARINE (j) Approved under 0648–0194— recordkeeping and reporting, activity FISHERIES SERVICE, NATIONAL OCEANIC Antarctic marine living resources, reports (§ 300.154(c)), estimated at .5 AND ATMOSPHERIC ADMINISTRATION, procedure for according protection to hours per response. DEPARTMENT OF COMMERCE CCAMLR ecosystem monitoring (z) Approved under 0648–0228—U.S. PARTS 246, 280, 281, 282, 298, AND program sites, general (§ 300.103(a)), nationals fishing in Russian fisheries, 299 [REMOVED] estimated at 1 hour per response. recordkeeping and reporting, (k) Approved under 0648–0194— recordkeeping (§ 300.154(d)), estimated 1. Under the authority of 16 U.S.C. Antarctic marine living resources, at .083 hours per response. 3371–3378, 16 U.S.C. 951–961 and 971 scientific research (§ 300.104(d)), The estimated response times shown et seq., 16 U.S.C. 973–973r, and 16 estimated at 80 hours per response. include the time for reviewing U.S.C. 1801 et seq., 50 CFR parts 246, (l) Approved under 0648–0194— instructions, searching existing data 280, 281, 282, 298, and 299 are removed Antarctic marine living resources, sources, gathering and maintaining the and subchapter L is vacated. scientific research (§ 300.104(e)), data needed, and completing and 2. Chapter III is revised to read as estimated at .25 hours per response. reviewing the collection of information. follows: (m) Approved under 0648–0194— Send comments regarding burden Antarctic marine living resources, CHAPTER IIIÐINTERNATIONAL FISHING estimates, or any other aspect of the data AND RELATED ACTIVITIES initiating a new fishery (§ 300.105(c)), requirements, including suggestions for PART 300ÐINTERNATIONAL FISHERIES estimated at 16 hours per response. reducing the burden, to NMFS and OMB (n) Approved under 0648–0194— REGULATIONS (see ADDRESSES). Antarctic marine living resources, Subpart AÐGeneral exploratory fishing (§ 300.106(e)), List of Subjects Sec. estimated at 40 hours per response. 50 CFR Part 246 300.1 Purpose and scope. (o) Approved under 0648–0306— 300.2 Definitions. Antarctic marine living resources, vessel Exports, Fish, Imports, Labeling, 300.3 Relation to other laws. identification (§ 300.108(a)), estimated Reporting and recordkeeping 300.4 General prohibitions. at .25 hours per marking. requirements, Transportation, Wildlife. 300.5 Facilitation of enforcement. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25447

Subpart BÐHigh Seas Fisheries 300.104 Scientific research. § 300.1 Purpose and scope. 300.10 Purpose. 300.105 Initiating a new fishery. The purpose of this part is to 300.11 Definitions. 300.106 Exploratory fisheries. implement the fishery conservation and 300.12 Issuing offices. 300.107 Reporting and recordkeeping management measures provided for in requirements. 300.13 Vessel permits. the international treaties, conventions, 300.14 Vessel and gear identification. 300.108 Vessel and gear identification. 300.109 Gear disposal. or agreements specified in each subpart, [Reserved] as well as certain provisions of the 300.15 Prohibitions. 300.110 Mesh size. 300.16 Penalties. 300.111 Framework for annual management Lacey Act Amendments of 1981. The 300.17 Reporting and recordkeeping. measures. regulations in this part apply, except [Reserved] 300.112 Harvesting permits. where otherwise specified in this part, 300.113 Import permits. to all persons and all places subject to Subpart CÐPacific Tuna Fisheries 300.114 Appointment of a designated the jurisdiction of the United States 300.20 Purpose and scope. representative. under the acts implemented under each 300.21 Definitions. 300.115 Prohibitions. subpart. 300.22 Yellowfin Tuna—Recordkeeping 300.116 Facilitation of enforcement and and written reports. inspection. § 300.2 Definitions. 300.23 Yellowfin Tuna—Persons and 300.117 Penalties. In addition to the definitions in each vessels exempted. Figure 1 to Subpart G—Boundaries of the act, agreement, convention, or treaty 300.24 Pacific Bluefin Tuna—Dealer Statistical Reporting Area in the Southern permits. specified in subparts B through K of this Ocean part, the terms used in this part have the 300.25 Pacific Bluefin Tuna—Dealer Figure 2 to Subpart G—The Use of recordkeeping and reporting. following meanings: Streamer Lines to Minimize the Incidental Assistant Administrator means the 300.26 Pacific Bluefin Tuna—Tags. Mortality of Seabirds in the Course of 300.27 Pacific Bluefin Tuna— Longline Fishing or Longline Fishing Assistant Administrator for Fisheries, Documentation requirements. Research Operations in the Convention Area National Oceanic and Atmospheric 300.28 Pacific Bluefin Tuna—Prohibitions. Administration, Department of Subpart HÐVessels of the United States Subpart DÐSouth Pacific Tuna Fisheries Commerce, or a designee. Address: Fishing in Colombian Treaty Waters 300.30 Purpose and scope. Room 14555, 1315 East-West Highway, 300.120 Purpose. 300.31 Definitions. Silver Spring, MD 20910. 300.121 Definitions. 300.32 Vessel licenses. Authorized officer means: 300.33 Compliance with applicable 300.122 Relation to other laws. (1) Any commissioned, warrant, or national laws. 300.123 Certificates and permits. petty officer of the U.S. Coast Guard; or 300.34 Reporting requirements. 300.124 Recordkeeping and reporting. any U.S. Coast Guard personnel 300.35 Vessel and gear identification. 300.125 Vessel identification. accompanying and acting under the 300.36 Closed area stowage requirements. 300.126 Prohibitions. 300.127 Facilitation of enforcement. direction of a commissioned, warrant, or 300.37 Radio monitoring. petty officer of the U.S. Coast Guard; 300.38 Prohibitions. 300.128 Penalties. 300.129 Fishing year. (2) Any special agent or fisheries 300.39 Exceptions. enforcement officer of NMFS; or 300.40 Civil penalties. 300.130 Vessel and gear restrictions. 300.41 Investigation notification. 300.131 Conch harvest limitations. (3) Any person designated by the head 300.42 Findings leading to removal from 300.132 Lobster harvest limitations. of any Federal or state agency that has entered into an agreement with the fishing area. Subpart IÐUnited States-Canada Fisheries 300.43 Observers. Enforcement Secretary of Commerce or the 300.44 Other inspections. Commandant of the U.S. Coast Guard to 300.140 Purpose and scope. Subpart EÐPacific Halibut Fisheries enforce the provisions of any statute 300.141 Definitions. administered by the Secretary. 300.60 Purpose and scope. 300.142 Prohibitions. CCAMLR inspector means a person 300.143 Facilitation of enforcement. 300.61 Definitions. designated by a member of the 300.62 Annual management measures. 300.144 Penalties and sanctions. 300.63 Catch sharing plans and domestic Commission for the Conservation of Subpart JÐU.S. Nationals Fishing in management measures. Antarctic Marine Living Resources as an Russian Fisheries 300.64 Fishing by U.S. treaty Indian tribes. inspector under Article XXIV of the 300.65 Prohibitions. 300.150 Purpose. Convention on the Conservation of 300.151 Definitions. Antarctic Marine Living Resources to Subpart FÐFraser River Sockeye and Pink 300.152 Procedures. Salmon Fisheries verify compliance with measures in 300.153 Permit issuance. effect under the Convention. 300.90 Purpose and scope. 300.154 Recordkeeping and reporting. Director, Alaska Region, means 300.91 Definitions. 300.155 Requirements. Director, Alaska Region, NMFS, 709 300.92 Relation to other laws. 300.156 Prohibited acts. West Ninth Street, Suite 401, P.O. Box 300.93 Reporting requirements. 300.157 Penalties. 300.94 Prohibitions and restrictions. 21668, Juneau, AK 99802, or a designee. 300.95 Treaty Indian fisheries. Subpart KÐTransportation and Labeling of Director, Northeast Region, means 300.96 Penalties. Fish or Wildlife Director, Northeast Region, NMFS, One 300.97 Inseason orders. 300.160 Requirement for marking of Blackburn Drive, Gloucester, MA containers or packages. Subpart GÐAntarctic Marine Living 01930–2298, or a designee. 300.161 Alternatives and exceptions. Resources Director, Northwest Region, means Director, Northwest Region, NMFS, 300.100 Purpose and scope. Subpart AÐGeneral 7600 Sand Point Way, NE., BIN C15700, 300.101 Definitions. 300.102 Relationship to other treaties, Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. Bldg. 1, Seattle, WA 98115, or a conventions, laws, and regulations. 951–961 and 971 et seq.; 16 U.S.C. 973–973r; designee. 300.103 Procedure for according protection 16 U.S.C. 2431 et seq.; 16 U.S.C. 3371–3378; Director, Southeast Fisheries Science to CCAMLR Ecosystem Monitoring 16 U.S.C. 3636(b); 16 U.S.C. 5501 et seq.; and Center, means Director, Science and Program Sites. 16 U.S.C. 1801 et seq. Research, Southeast Fisheries Science 25448 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

Center, NMFS, 75 Virginia Beach Drive, USCG or the certificate number issued matter subject to investigation by an Miami, FL 33149, or a designee. by a state or the USCG for an authorized officer under this part. Director, Southeast Region, means undocumented vessel, or any equivalent (e) Refuse to allow an authorized Director, Southeast Region, NMFS, 9721 number if the vessel is registered in a officer to inspect any report or record Executive Center Drive, N., St. foreign nation. required to be made or kept under this Petersburg, FL 33702, or a designee. Operator means, with respect to any part. Director, Southwest Region, means vessel, the master or other individual (f) Falsify, cover, or otherwise Director, Southwest Region, NMFS, 501 aboard and in charge of that vessel. obscure, the name, home port, official West Ocean Boulevard, Suite 4200, Owner means, with respect to any number (if any), or any other similar Long Beach, CA 90802–4213, or a vessel: marking or identification of any fishing designee. (1) Any person who owns that vessel vessel subject to this part such that the Exclusive Economic Zone or EEZ in whole or part (whether or not the vessel cannot be readily identified from means the zone established by vessel is leased or chartered); an enforcement vessel or aircraft. (2) Any charterer of the vessel, Presidential Proclamation 5030, dated (g) Fail to comply immediately with whether bareboat, time, or voyage; March 10, 1983, as defined in 16 U.S.C. any of the enforcement and boarding (3) Any person who acts in the 1802(6). procedures specified in this part. capacity of a charterer, including but Fishing or to fish means: (h) Refuse to allow an authorized (1) The catching or taking of fish; not limited to parties to a management agreement, operating agreement, or any officer to board a fishing vessel, or enter (2) The attempted catching or taking any other area of custody (i.e., any of fish; similar agreement that bestows control over the destination, function, or vessel, building, vehicle, live car, (3) Any other activity that can pound, pier, or dock facility where fish reasonably be expected to result in the operation of the vessel; or (4) Any agent designated as such by might be found) subject to such person’s catching or taking of fish; or control, for the purpose of conducting (4) Any operations at sea in support a person described in this definition. any inspection, search, seizure, of, or in preparation for, any activity Person means any individual investigation, or arrest in connection described in paragraphs (1) through (3) (whether or not a citizen or national of with the enforcement of this part or any of this definition. the United States), any corporation, other applicable law. Fishing vessel means any vessel, boat, partnership, association, or other entity (i) Destroy, stave, or dispose of in any ship, or other craft that is used for, (whether or not organized, or existing manner, any fish, gear, cargo, or other equipped to be used for, or of a type under the laws of any state), and any matter, upon any communication or normally used for fishing. Federal, state, local, or foreign IATTC means the Inter-American government or any entity of any such signal from an authorized officer of the Tropical Tuna Commission, established government. United States, or upon the approach of pursuant to the Convention for the Secretary means the Secretary of such an officer, enforcement vessel, or Establishment of an Inter-American Commerce or a designee. aircraft, before the officer has had the Tropical Tuna Commission. USCG means the United States Coast opportunity to inspect same, or in Import means to land on, bring into, Guard. contravention of directions from such or introduce into, or attempt to land on, Yellowfin tuna means any fish of the an officer. bring into, or introduce into, any place species Thunnus albacares (synonomy: (j) Intentionally destroy evidence that subject to the jurisdiction of the United Neothunnus macropterus). could be used to determine if a violation States, whether or not such landing, of this part has occurred. § 300.3 Relation to other laws. (k) Assault, resist, oppose, impede, bringing, or introduction, constitutes an Other laws that may apply to fishing importation within the meaning of the intimidate, threaten, obstruct, delay, activities addressed herein are set forth prevent, or interfere, in any manner, customs laws of the United States. in § 600.705 of this chapter. IRCS means International Radio Call with an authorized officer in the Sign. § 300.4 General prohibitions. conduct of any boarding, inspection, Magnuson Act means the Magnuson It is unlawful for any person subject search, seizure, investigation, or arrest Fishery Conservation and Management to the jurisdiction of the United States in connection with enforcement of this Act, 16 U.S.C. 1801 et seq. to: part. National of the United States or U.S. (a) Violate the conditions or (l) Resist a lawful arrest or detention national means any person subject to restrictions of a permit issued under this for any act prohibited by this part. the jurisdiction of the United States, part. (m) Interfere with, delay, or prevent, including, but not limited to, a citizen (b) Fail to submit information, fail to by any means, the apprehension, arrest, or resident of the United States, or a submit information in a timely manner, or detection of another person, knowing person employed on a vessel of the or submit false or inaccurate that such person has committed any act United States. In the case of a information, with respect to any prohibited by this part. corporation, partnership or other non- information required to be submitted, (n) Interfere with, obstruct, delay, or natural person, this includes, but is not reported, communicated, or recorded prevent, by any means, an investigation, limited to, any entity that is the owner pursuant to this part. search, seizure, or disposition of seized of a vessel of the United States. (c) Make any false statement, oral or property in connection with NMFS means the National Marine written, to an authorized officer enforcement of this part. Fisheries Service, NOAA, Department of concerning the catching, taking, (o) Ship, transport, offer for sale, sell, Commerce. harvesting, possession, landing, purchase, import, export, or have NMFS Headquarters means NMFS, purchase, sale, or transfer of fish, or custody, control, or possession of, any 135 East-West Highway, Silver Spring, concerning any other matter subject to living marine resource taken or retained MD 20910. Attention: Office of Fisheries investigation by that officer under this in violation of this part. Conservation and Management. part. (p) Violate any provision of any Official number means the (d) Conceal any material fact statute implemented by this part. documentation number issued by the (including by omission), concerning any (q) Attempt to do any of the foregoing. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25449

§ 300.5 Facilitation of enforcement. (3) Except for those vessels with a subpart have the following meanings. If (a) Compliance. The operator of, or freeboard of 4 ft (1.25 m) or less, provide a term is defined differently in § 300.2, any other person aboard, any fishing a safe ladder, if needed, for the the Act, or the Agreement, the definition vessel subject to this part must authorized officer or CCAMLR inspector in this section shall apply. immediately comply with instructions and boarding party to come aboard. High seas means the waters beyond and signals issued by an authorized (4) When necessary to facilitate the the territorial sea or exclusive economic officer or CCAMLR inspector to stop the boarding or when requested by an zone (or the equivalent) of any Nation, vessel, and with instructions to facilitate authorized officer or CCAMLR to the extent that such territorial sea or safe boarding and inspection of the inspector, provide a manrope or safety exclusive economic zone (or the vessel, its gear, equipment, fishing line, and illumination for the ladder. equivalent) is recognized by the United record (where applicable), and catch for (5) Take such other actions as States. purposes of enforcing this part. necessary to facilitate boarding and to High seas fishing vessel means any (b) Communications. (1) Upon being ensure the safety of the authorized vessel of the United States used or approached by a USCG vessel or officer or CCAMLR inspector and the intended for use on the high seas for the aircraft, or other vessel or aircraft with boarding party. purpose of the commercial exploitation (d) Signals. The following signals, an authorized officer or CCAMLR of living marine resources as a extracted from the International Code of inspector aboard, the operator of a harvesting vessel, mothership, or any Signals, may be sent by flashing light by fishing vessel must be alert for other support vessel directly engaged in an enforcement unit when conditions communications conveying enforcement a fishing operation. do not allow communications by instructions. International conservation and loudhailer or radiotelephone. (2) VHF–FM radiotelephone is the management measures means measures Knowledge of these signals by vessel preferred method of communicating to conserve or manage one or more operators is not required. However, between vessels. If the size of the vessel species of living marine resources that knowledge of these signals and and the wind, sea, and visibility are adopted and applied in accordance appropriate action by a vessel operator conditions allow, a loudhailer may be with the relevant rules of international may preclude the necessity of sending used instead of the radio. Hand signals, law, as reflected in the 1982 United the signal ‘‘L’’ and the necessity for the placards, high frequency Nations Convention on the Law of the vessel to stop instantly. radiotelephone, voice, flags, whistle or Sea, and that are recognized by the (1) ‘‘AA’’ repeated (.– .–) is the call to horn may be employed by an authorized United States. an unknown station. The operator of the officer or CCAMLR inspector, and Regional Director means any one of signaled vessel should respond by message blocks may be dropped from an the Directors of the five NMFS regional identifying the vessel by radiotelephone aircraft. offices, defined under § 300.2, serving as or by illuminating the vessel’s the issuing office. (3) If other communications are not identification. practicable, visual signals may be (2) ‘‘RY–CY’’ (.–. –.– – –.–. –.– –) § 300.12 Issuing offices. transmitted by flashing light directed at means ‘‘you should proceed at slow Any Regional Director may issue the vessel signaled. USCG units will speed, a boat is coming to you.’’ This permits required under this subpart. normally use the flashing light signal signal is normally employed when While applicants for permits may ‘‘L’’ which, in the International Code of conditions allow an enforcement submit an application to any Regional Signals, means ‘‘you should stop your boarding without the necessity of the Director, applicants are encouraged to vessel instantly.’’ vessel being boarded coming to a submit their applications (with (4) Failure of a vessel’s operator complete stop, or, in some cases, envelopes marked ‘‘Attn: HSFCA promptly to stop the vessel when without retrieval of fishing gear that Permits’’) to the Regional Director with directed to do so by an authorized may be in the water. whom they normally interact on officer or CCAMLR inspector, or by an (3) ‘‘SQ3’’ (... – –.– ...– –) means ‘‘you fisheries matters. enforcement vessel or aircraft, using should stop or heave to; I am going to loudhailer, radiotelephone, flashing board you.’’ § 300.13 Vessel permits. light, flags, whistle, horn or other means (a) Eligibility. (1) Except for vessels constitutes prima facie evidence of the Subpart BÐHigh Seas Fisheries having unpaid or overdue civil offense of refusal to allow an authorized penalties, criminal fines, or other Authority: 16 U.S.C. 5501 et seq. officer or CCAMLR inspector to board. liabilities incurred in a judicial (5) A person aboard a vessel who does § 300.10 Purpose. proceeding under any statute not understand a signal from an This subpart implements the High administered by NOAA, any high seas enforcement unit and who is unable to Seas Fishing Compliance Act of 1995 fishing vessel of the United States is obtain clarification by loudhailer or (Act), which requires the Secretary to eligible to receive a permit under this radiotelephone must consider the signal license U.S. vessels fishing on the high subpart, unless the vessel was to be a command to stop the vessel seas. previously authorized to be used for immediately. fishing on the high seas by a foreign (c) Boarding. The operator of a vessel § 300.11 Definitions. nation, and— directed to stop must: In addition to the terms defined in (i) The foreign nation suspended such (1) Monitor Channel 16, VHF–FM, if § 300.2 and those in the Act and the authorization, because the vessel so equipped. Agreement to Promote Compliance with undermined the effectiveness of (2) Stop immediately and lay to or, if International Conservation and international conservation and appropriate and/or directed to do so by Management Measures by Fishing management measures, and the the authorized officer or CCAMLR Vessels on the High Seas, adopted by suspension has not expired; or inspector, maneuver in such a way as to the Conference of the Food and (ii) The foreign nation, within the 3 allow the safe boarding of the vessel by Agriculture Organization of the United years preceding application for a permit the authorized officer or CCAMLR Nations on November 24, 1993 under this section, withdrew such inspector and the boarding party. (Agreement), the terms used in this authorization, because the vessel 25450 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules undermined the effectiveness of current. A permit issued under this and persons subject to the jurisdiction international conservation and subpart is void when the name of the of the United States. management measures. owner or vessel changes, or in the event (2) The restrictions in paragraphs the vessel is no longer eligible for U.S. § 300.21 Definitions. (a)(1) (i) and (ii) of this section do not documentation, such documentation is In addition to the terms defined in apply if ownership of the vessel has revoked or denied, or the vessel is § 300.2, in the Act, the Convention for changed since the vessel undermined removed from such documentation. the Establishment of an Inter-American the effectiveness of international (g) Change in application information. Tropical Tuna Commission, and the conservation and management Any changes in vessel documentation International Convention for the measures, and the new owner has status or other permit application Conservation of Atlantic Tunas, the provided sufficient evidence to the information must be reported to the terms used in this subpart have the Regional Director demonstrating that the Regional Director in writing within 15 following meanings. If a term is defined owner and operator at the time the days of such changes. differently in § 300.2, the Act, or the vessel undermined the effectiveness of (h) Transfer. A permit issued under Conventions, the definition in this such measures has no further legal, this subpart is not transferable or section shall apply. Bluefin tuna means the fish species beneficial, or financial interest in, or assignable to another vessel or owner; it Thunnus thynnus that is found in any control of, the vessel. is valid only for the vessel and owner ocean area. (3) The restrictions in paragraphs to which it is issued. (a)(1) (i) and (ii) of this section do not Fishing vessel means any vessel, boat, (i) Display. A valid permit, or a copy apply if it is determined by the Regional ship, or other craft that is used for, thereof, issued under this subpart must Director that issuing a permit would not equipped to be used for, or of a type that be on board the vessel while operating subvert the purposes of the Agreement. is normally used for fishing or for (b) Application forms. The owner or on the high seas and available for assisting or supporting a vessel engaged operator of a high seas fishing vessel inspection by an authorized officer. in fishing, except purse seine skiffs. may apply for a permit under this Faxed copies of permits are acceptable. Pacific bluefin tuna means the subpart by completing an application § 300.14 Vessel and gear identification. subspecies of bluefin tuna Thunnus form. Applicants may obtain an [Reserved] thynnus orientalis that is found in the application form from a Regional Pacific Ocean. Director. § 300.15 Prohibitions. Regional Director means the Director, (c) Application information. An In addition to the prohibitions in Southwest Region. applicant must submit a complete and § 300.4, it is unlawful for any person to: Tag means the flexible, self-locking accurate permit application, signed by (a) Use a high seas fishing vessel on ribbon issued by the NMFS for the the owner or operator, to the the high seas in contravention of identification of bluefin tuna under appropriate Regional Director. international conservation and § 300.26 or § 285.30 of this chapter. (d) Fees. NMFS will charge a fee to management measures. recover the administrative expenses of § 300.22 Yellowfin tunaÐRecordkeeping (b) Use a high seas fishing vessel on and written reports. permit issuance. The amount of the fee the high seas, unless the vessel has on will be determined in accordance with The master or other person in charge board a valid permit issued under of a fishing vessel, or a person the procedures of the NOAA Finance § 300.13. Handbook, available from a Regional authorized in writing to serve as the Director, for determining administrative § 300.16 Penalties. agent for either person, must keep an accurate log of all operations conducted costs of each special product or service. Any person or high seas fishing vessel from the fishing vessel, entering for each The fee is specified with the application found to be in violation of the Act, this day the date, noon position (stated in form. The appropriate fee must subpart, or any permit issued under this latitude and longitude or in relation to accompany each application. Failure to subpart will be subject to the civil and known physical features), and the pay the fee will preclude issuance of the criminal penalty provisions, permit tonnage of fish on board, by species. permit. Payment by a commercial sanctions, and forfeiture provisions The record and bridge log maintained at instrument later determined to be prescribed in the Act, 15 CFR part 904 the request of the IATTC shall be insufficiently funded will invalidate any (Civil Procedures), and other applicable sufficient to comply with this permit. laws. (e) Issuance. (1) Except as provided in paragraph, provided the items of subpart D of 15 CFR part 904, the § 300.17 Reporting and recordkeeping. information specified are accurately Regional Director will issue a permit, [Reserved] entered in the log. which will include appropriate Subpart CÐPacific Tuna Fisheries § 300.23 Yellowfin tunaÐPersons and conditions or restrictions, within 30 vessels exempted. days of receipt of a completed Authority: 16 U.S.C. 951–961 and 971 et This subpart does not apply to: application and payment of the seq. (a) Any person or vessel authorized by appropriate fee. § 300.20 Purpose and scope. the IATTC, the Assistant Administrator, (2) The Regional Director will notify or any state of the United States to the applicant of any deficiency in the The regulations in this subpart engage in fishing for research purposes. application. implement the Tuna Conventions Act of (b) Any person or vessel engaged in (f) Validity. Permits issued under this 1950 (Act), the Atlantic Tunas sport fishing for personal use. subpart are valid for 5 years from the Convention Act of 1975, and the IATTC date of issuance. Renewal of a permit recommendations for the conservation § 300.24 Pacific bluefin tunaÐDealer prior to its expiration is the of yellowfin tuna and the permits. responsibility of the permit holder. For recommendations of the International (a) General. A dealer importing a permit to remain valid to its expiration Commission for the Conservation of Pacific bluefin tuna, or purchasing or date, the vessel’s USCG documentation Atlantic Tunas for the conservation of receiving for export Pacific bluefin tuna or state registration must be kept bluefin tuna, so far as they affect vessels first landed in the United States, must Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25451 have a valid permit issued under this special product or service. The fee may (b) Transfer. Tail tags issued under section. not exceed such costs and is specified this section are not transferable and are (b) Application. A dealer must apply on each application form. The usable only by the permitted dealer to for a permit in writing on an appropriate appropriate fee must accompany each whom they are issued. form obtained from the Regional application. Failure to pay the fee will (c) Affixing tags. At the discretion of Director. The application must be preclude issuance of the permit. dealers permitted under § 300.24, a tag signed by the dealer and be submitted Payment by a commercial instrument issued under paragraph (a) of this to the Regional Director at least 30 days later determined to be insufficiently section may be affixed to each Pacific before the date upon which the dealer funded shall invalidate any permit. bluefin tuna purchased or received by desires to have the permit made (k) Change in application the dealer. If so tagged, the tag must be effective. The application must contain information. Within 15 days after any affixed to the tuna between the fifth the following information: Company change in the information contained in dorsal finlet and the keel and tag name, principal place of business, an application submitted under this numbers must be recorded on NMFS owner’s or owners’ names, applicant’s section, the dealer issued a permit must reports required by § 300.25(a) and any name (if different from owner or report the change to the Regional documents accompanying the shipment owners) and mailing address and Director in writing. The permit is void of Pacific bluefin tuna for domestic telephone number, and any other if any change in information is not commercial use or export. information required by the Regional reported within 15 days. (d) Removal. An NMFS-issued tag Director. affixed to any Pacific bluefin tuna at the (c) Issuance. (1) Except as provided in § 300.25 Pacific bluefin tunaÐDealer option of any permitted dealer under subpart D of 15 CFR part 904, the recordkeeping and reporting. paragraph (c) of this section or any tag Regional Director will issue a permit Any person issued a dealer permit affixed to any Pacific bluefin tuna to within 30 days of receipt of a completed under § 300.24: meet the requirements of application. (a) Must submit to the Regional § 285.202(a)(6)(v) of this chapter must (2) The Regional Director will notify Director a biweekly report on bluefin remain on the tuna until the tuna is cut the applicant of any deficiency in the imports and exports on forms supplied into portions. If the tuna or tuna parts application. If the applicant fails to by NMFS. subsequently are packaged for transport correct the deficiency within 15 days (1) The report required by this for domestic commercial use or for following the date of notification, the paragraph (a) must be postmarked and export, the tag number must be written application will be considered mailed at the dealer’s expense within 10 legibly and indelibly on the outside of abandoned. days after the end of each 2-week any package or container. (d) Duration. Any permit issued reporting period in which Pacific (e) Reuse. Tags issued under this under this section is valid until bluefin tuna were exported. The section are separately numbered and December 31 of the year for which it is biweekly reporting periods are defined may be used only once, one tail tag per issued, unless suspended or revoked. as the first day to the 14th day of each fish, to distinguish the purchase of one (e) Alteration. Any permit that is month and the 15th day to the last day Pacific bluefin tuna. Once affixed to a substantially altered, erased, or of the month. tuna or recorded on any package, mutilated is invalid. (2) Each report must specify container or report, a tail tag and (f) Replacement. The Regional accurately and completely for each tuna associated number may not be reused. Director may issue replacement permits. or each shipment of bulk-frozen tuna An application for a replacement permit exported: Date of landing or import; any § 300.27 Pacific bluefin tunaÐ is not considered a new application. tag number (if so tagged); weight in documentation requirements. (g) Transfer. A permit issued under kilograms (specify if round or dressed); Bluefin tuna imported into, or this section is not transferable or and any other information required by exported or re-exported from the assignable; it is valid only for the dealer the Regional Director. At the top of each customs territory of the United States is to whom it is issued. form, the company’s name, license subject to the documentation (h) Inspection. The dealer must keep number, and the name of the person requirements specified in part 285 of the permit issued under this section at filling out the report must be specified. this chapter (§§ 285.200–285.203). his/her principal place of business. The In addition, the beginning and ending permit must be displayed for inspection dates of the 2-week reporting period § 300.28 Pacific bluefin tunaÐprohibitions. upon request of any authorized officer, must be specified by the dealer and In addition to the prohibitions in or any employee of NMFS designated by noted at the top of the form. § 300.4, it is unlawful for any person or the Regional Director for such purpose. (b) Must allow an authorized officer, vessel subject to the jurisdiction of the (i) Sanctions. The Assistant or any employee of NMFS designated by United States to: Administrator may suspend, revoke, the Regional Director for this purpose, (a) Import Pacific bluefin tuna or modify, or deny a permit issued or to inspect and copy any records of purchase or receive for export Pacific sought under this section. Procedures transfers, purchases, or receipts of bluefin tuna first landed in the United governing permit sanctions and denials Pacific bluefin tuna. States without a valid dealer permit are found at subpart D of 15 CFR part (c) Must retain at his/her principal issued under § 300.24. 904. place of business a copy of each (b) Remove any NMFS-issued tag (j) Fees. The Regional Director may biweekly report for a period of 2 years affixed to any Pacific bluefin tuna at the charge a fee to recover the from the date on which it was submitted option of any permitted dealer or any administrative expenses of permit to the Regional Director. tag affixed to a Pacific bluefin tuna to issuance. The amount of the fee is meet the requirements of calculated, at least annually, in § 300.26 Pacific bluefin tunaÐtags. § 285.202(a)(6)(v) of this chapter, before accordance with the procedures of the (a) Issuance. The Regional Director removal is allowed under § 300.26, or NOAA Finance Handbook, available will issue numbered tags to each person fail to write the tag number on the from the Regional Director, for receiving a dealer’s permit under shipping package or container as determining administrative costs of each § 300.24. specified in § 300.26. 25452 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

(c) Reuse any NMFS-issued tag affixed of fish; placing, searching for, or be used to fish, provided the number of to a Pacific bluefin tuna at the option of recovering fish aggregating devices or the issued license is available on board. a permitted dealer or any tag affixed to associated electronic equipment such as (c) Application forms for licenses to a Pacific bluefin tuna to meet the radio beacons; any operations at sea use a vessel to fish in the Licensing Area requirements of § 285.202(a)(6)(v) of this directly in support of, or in preparation may be requested from, and upon chapter or reuse any tag number for, any activity described in this completion, must be returned to, the previously written on a shipping paragraph; or aircraft use, relating to the Regional Director. All of the information package or container as prescribed by activities described in this definition, requested on the form and the following § 300.26. except for flights in emergencies must be supplied before the application involving the health or safety of crew will be considered complete: Subpart DÐSouth Pacific Tuna members or the safety of a vessel. (1) The licensing period for which the Fisheries Fishing arrangement means an license is requested. (2) The name of an agent, located in Authority: 16 U.S.C. 973–973r. arrangement between a Pacific Island Party and the owner of a U.S. fishing Port Moresby, Papua New Guinea, who, § 300.30 Purpose and scope. vessel that complies with section 6(b) of on behalf of the license holder, will This subpart implements the South the Act. receive and respond to any legal process Pacific Tuna Act of 1988 (Act) and the Fishing vessel or vessel means any issued in accordance with the Treaty. Treaty on Fisheries Between the boat, ship, or other craft that is used for, (3) Documentation from an insurance Governments of Certain Pacific Island equipped to be used for, or of a type company showing that the vessel will be States and the Government of the normally used for commercial fishing, fully insured for the licensing period United States of America (Treaty) and and that is documented under the laws against all risks and liabilities normally applies to persons and vessels subject to of the United States. covered by maritime liability insurance. the jurisdiction of the United States. Licensing Area means all waters in (4) If the owner or charterer is the the Treaty Area except for: subject of proceedings under the § 300.31 Definitions. (1) Those waters subject to the bankruptcy laws of the United States, In addition to the terms defined in jurisdiction of the United States in reasonable assurances that the owner or § 300.2, in the Act, and in the Treaty, accordance with international law. charterer will be financially able to and unless the context requires (2) Those waters within closed areas. fulfill any and all responsibilities under otherwise, the terms used in this (3) Those waters within limited areas the Treaty, Act, and regulations, subpart have the following meanings. If closed to fishing. including the payment of any penalties a term is defined differently in § 300.2, Licensing period means the period of or fines. the Act, or the Treaty, the definition in validity of licenses issued in accordance (5) A copy of the vessel’s USCG this section shall apply. with the Treaty. Certificate of Documentation. Administrator means the individual Limited area(s) means those areas so (d) The number of available licenses or organization designated by the Pacific identified in Schedule 3 of Annex I of are set forth in Schedule 2 of Annex II Island Parties to act on their behalf the Treaty. of the Treaty. under the Treaty and notified to the Operator means any person who is in (e) Applications for vessels may be United States. charge of, directs or controls a vessel, submitted at any time; complete Applicable national law means any including the owner, charterer and applications will be forwarded to the provision of law of a Pacific Island Party master. Secretary of State for transmittal to the that is described in paragraph 1(a) of Pacific Island Party means a Pacific Administrator. Annex I of the Treaty. island nation that is a party to the (f) The Secretary, in consultation with Authorized inspector means any Treaty. the Secretary of State, may determine individual authorized by a Pacific Regional Director means the Director, that a license application for a vessel Island Party or the Secretary to conduct Southwest Region, or a designee. should not be forwarded to the inspections, to remove samples of fish, Transship means to unload any or all Administrator if: and to gather any other information of the fish on board a licensed vessel (1) The application is not in accord relating to fisheries in the Licensing either ashore or onto another vessel. with the Treaty, Act, or regulations; Area. Treaty Area means the area described (2) The owner or charterer is the Authorized officer means any officer in paragraph 1(k) of Article I of the subject of proceedings under the who is authorized by the Secretary, or Treaty. bankruptcy laws of the United States, the Secretary of Transportation, or the and reasonable financial assurances head of any Federal or state agency that § 300.32 Vessel licenses. have not been provided to the Secretary has entered into an enforcement (a) Each vessel fishing in the that the owner or charterer will be agreement with the Secretary under Licensing Area must have a license financially able to fulfill any and all section 10(a) of the Act. issued by the Administrator for the responsibilities under the Treaty, Act, Authorized party officer means any licensing period being fished, unless and regulations, including the payment officer authorized by a Pacific Island excepted by § 300.39. Each licensing of any penalties or fines; Party to enforce the provisions of the period begins on June 15 and ends on (3) The owner or charterer has not Treaty. June 14 of the following year. established to the satisfaction of the Closed area means any of the closed (b) Upon receipt, the license or a duly Secretary that the vessel will be fully areas identified in Schedule 2 of Annex certified copy, facsimile or telex insured for the licensing period against I of the Treaty. confirmation must be carried on board all risks and liabilities normally covered Fishing means searching for, catching, the vessel when in the Licensing Area by maritime liability insurance; or taking, or harvesting fish; attempting to or Closed Areas and must be produced (4) The owner or charterer has not search for, catch, take, or harvest fish; at the request of authorized officers, paid any final penalty assessed by the engaging in any other activity that can authorized party officers, or authorized Secretary in accordance with the Act. reasonably be expected to result in the inspectors. Prior to receipt of the (g) An applicant will be promptly locating, catching, taking, or harvesting license, but after issuance, a vessel may notified if that applicant’s license Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25453 application will not be forwarded to the the background extending to provide a (7) To refuse to comply with the Administrator, and of the reasons border around the mark of not less than instructions of an authorized officer or therefor. Within 15 days of notification 16.7 cm. authorized party officer relating to by the Regional Director that the (b) On the vessel’s deck, on the body fishing activities under the Treaty. application will not be forwarded, an of any helicopter and on the hull of any (8) To refuse to permit an authorized applicant may request reconsideration skiff, with each letter and number being inspector full access to any place where by providing a petition for at least 30 cm high, and having a stroke fish taken in the Licensing Area is reconsideration accompanied by new or width of 5 cm with the background unloaded. additional information. extending to provide a border around (9) To refuse to allow an authorized the mark of not less than 5 cm. inspector to remove samples of fish § 300.33 Compliance with applicable (c) On any other equipment being from a vessel that fished in the national laws. carried by and intended to be separated Licensing Area. The operator of the vessel shall from the vessel during normal fishing (10) To forcibly assault, resist, oppose, comply with each of the applicable operations, with each letter and number impede, intimidate, or interfere with: national laws, and the operator of the being at least 10 cm high and having a (i) Any authorized officer, authorized vessel shall be responsible for the stroke width of 1.7 cm, with the party officer or authorized inspector in compliance by the vessel and its crew background extending to provide a the conduct of a search or inspection in with each of the applicable national border around the mark of not less than connection with the enforcement of laws, and the vessel shall be operated in 1.7 cm. these regulations, the Act or the Treaty; accordance with those laws. § 300.36 Closed area stowage or (ii) An observer in the conduct of § 300.34 Reporting requirements. requirements. observer duties under the Treaty. At all times while a vessel is in a (a) License holders shall comply with (11) To transship fish on board a Closed Area, the fishing gear of the the reporting requirements of parts 4 vessel that fished in the Licensing Area, vessel shall be stowed in a manner as and 5 of Annex I to the Treaty. except in accordance with the not to be readily available for fishing. In (b) Information provided by license conditions set out in parts 3 and 4 of particular, the boom shall be lowered as holders under Schedule 5 of Annex I of Annex I to the Treaty. the Treaty shall be provided on the far as possible so that the vessel cannot (b) Except as provided for in § 300.39, designated Forum Fisheries Agency be used for fishing, but so that the skiff it is unlawful for any person subject to form(s) to the Regional Director within is accessible for use in emergency the jurisdiction of the United States 2 days of reaching port. situations; the helicopter, if any shall be when in the Licensing Area: (c) Information provided by license tied down; and launches shall be (1) To use a vessel to fish unless holders under Schedule 6 of Annex I of secured. validly licensed as required by the the Treaty shall be provided on the § 300.37 Radio monitoring. Administrator. designated Forum Fisheries Agency The international distress frequency, (2) To use a vessel for directed fishing form(s) to the Regional Director within for southern bluefin tuna or for fishing 2 days of completing unloading. 2.182 mHz, and 156.8 mHz (Channel 16, VHF) shall be monitored continuously for any kinds of fish other than tunas, (d) Any information required to be except that fish may be caught as a recorded, or to be notified, from the vessel for the purpose of facilitating communication with the incidental bycatch. communicated or reported pursuant to a (3) To use a vessel for fishing by any requirement of these regulations, the fisheries management, surveillance and enforcement authorities of the Parties. method, except the purse-seine method. Act, or the Treaty shall be true, (4) To use any vessel to engage in complete and correct. Any change in § 300.38 Prohibitions. fishing after the revocation of its license, circumstances that has the effect of (a) Except as provided for in § 300.39, or during the period of suspension of an rendering any of the information in addition to the prohibitions in applicable license. provided false, incomplete or § 300.4, it is unlawful for any person (5) To operate a vessel in such a way misleading shall be communicated subject to the jurisdiction of the United as to disrupt or in any other way immediately to the Regional Director. States to do any of the following: adversely affect the activities of traditional and locally based fishermen § 300.35 Vessel and gear identification. (1) To violate the Act or any provision of any regulation or order issued and fishing vessels. While a vessel is in the Licensing pursuant to Act. (6) To use a vessel to fish in a manner Area, a Limited Area closed to fishing, (2) To use a vessel for fishing in inconsistent with an order issued by the or a Closed Area, a recent and up-to- violation of an applicable national law. Secretary under § 300.42 (section 11 of date copy of the International Code of (3) To violate the terms and the Act). Signals (INTERCO) shall be on board conditions of any fishing arrangement to (7) Except for circumstances involving and accessible at all times. The operator which that person is a party. force majeure and other emergencies shall comply with the 1989 Food and (4) To use a vessel for fishing in a involving the health or safety of crew Agricultural Organization standard Limited Area in violation of the members or the safety of the vessel, to specifications for the marking and requirements set forth in Schedule 3 of use aircraft in association with fishing identification of fishing vessels. The Annex I of the Treaty on ‘‘Limited activities of a vessel, unless it is international radio call sign of the vessel Areas’’. identified on the license application for shall be painted in white on a black (5) To use a vessel for fishing in any the vessel, or any amendment thereto. background, or in black on a white Closed Area. background, and be clear, distinct, and (6) To refuse to permit any authorized § 300.39 Exceptions. uncovered, in the following manner: officer or authorized party officer to (a) The prohibitions of § 300.38 and (a) On both sides of the vessel’s hull board a fishing vessel for purpose of the licensing requirements of § 300.32 or superstructure, with each letter and conducting a search or inspection in do not apply to fishing for albacore tuna number being at least 1 m high and connection with the enforcement of the by vessels using the trolling method having a stroke width of 16.7 cm, with Act or the Treaty. outside of the 200 nautical mile 25454 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules fisheries zones of the Pacific Island (2) There is probable cause to believe be acceptable to the Pacific Island Party Parties. that the fishing vessel— whose representative is serving as the (b) The prohibitions of § 300.38(a)(4), (i) Was used in violation of section observer. (a)(5), and (b)(3) do not apply to fishing 5(a)(4), (a)(5), (b)(2), or (b)(3) of the Act; under the terms and conditions of a (ii) Used an aircraft in violation of § 300.44 Other inspections. fishing arrangement. section 5(b)(7) of the Act; or The operator and each member of the (iii) Was involved in an incident in crew of any vessel from which any fish § 300.40 Civil penalties. which section 5(a)(7) of the Act was taken in the Licensing Area is unloaded The procedures of 15 CFR part 904 violated. or transshipped shall allow, or arrange apply to the assessment of civil (b) Upon being advised by the for, and assist any authorized inspector, penalties, except as modified by the Secretary of State that proper authorized party officer, or authorized requirements of section 8 of the Act. notification to Parties has been made officer to have full access to any place under paragraph 7 of Article 5 of the § 300.41 Investigation notification. where the fish is unloaded or Treaty that a Pacific Island Party is transshipped, to remove samples, to Upon commencement of an investigating an alleged infringement of have full access to the vessel’s records, investigation under section 10(b)(1) of the Treaty by a vessel in waters under including its log and documentation for the Act, the operator of any vessel the jurisdiction of that Pacific Island the purpose of inspection and concerned shall have 30 days after Party, the Secretary shall order the photocopying, and to gather any other receipt of notification of the vessel to leave those waters until the information relating to fisheries in the investigation and the operator’s rights Secretary of State notifies the Secretary Licensing Area without interfering under section 10(b)(1) to submit that the order is no longer necessary. unduly with the lawful operation of the comments, information, or evidence (c) The Secretary shall rescind any vessel. bearing on the investigation, and to order issued on the basis of a finding request in writing that the Secretary under paragraphs (a)(1)(iii) or (iv) of this Subpart EÐPacific Halibut Fisheries provide the operator an opportunity to section (subsections 11(a)(1)(C) or (D) of present the comments, information, or the Act) as soon as the Secretary Authority: 16 U.S.C. 773–773k. evidence orally to the Secretary or the determines that the facts underlying the § 300.60 Purpose and scope. Secretary’s representative. finding do not apply. (d) An order issued in accordance This subpart implements the North § 300.42 Findings leading to removal from Pacific Halibut Act of 1982 (Act) and is fishing area. with this section is not subject to judicial review. intended to supplement, not conflict (a) Following an investigation with, the annual fishery management conducted under section 10(b) of the § 300.43 Observers. measures adopted by the International Act, the Secretary, with the concurrence (a) The operator and each member of Pacific Halibut Commission of the Secretary of State, and upon the the crew of a vessel shall allow and (Commission) under the Convention request of the Pacific Island Party assist any person identified as an between the United States and Canada concerned, may order a fishing vessel observer under the Treaty by the Pacific for the Preservation of the Halibut that has not submitted to the Island Parties: Fishery of the Northern Pacific Ocean jurisdiction of that Pacific Island Party (1) To board the vessel for scientific, and Bering Sea (Convention). to leave immediately the Licensing compliance, monitoring and other Area, all Limited Areas, and all Closed functions at the point and time notified § 300.61 Definitions. Areas upon making a finding that: by the Pacific Island Parties to the In addition to the terms defined in (1) The fishing vessel— Secretary. § 300.2 and those in the Act and the (i) While fishing in the Licensing Area (2) Without interfering unduly with Convention, the terms used in this did not have a license under the Treaty the lawful operation of the vessel, to subpart have the following meanings. If to fish in the Licensing Area, and that have full access to and use of facilities a term is defined differently in § 300.2, under paragraph 2 of Article 3 of the and equipment on board the vessel that the Act, or the Convention, the Treaty, the fishing is not authorized to the observer may determine are definition in this section shall apply. be conducted in the Licensing Area necessary to carry out observer duties; without a license; have full access to the bridge, fish on Area 2A includes all waters off the (ii) Was involved in any incident in board, and areas that may be used to States of California, Oregon, and which an authorized officer, authorized hold, process, weigh and store fish; Washington. party officer, or observer was allegedly remove samples; have full access to Commercial fishing means fishing, the assaulted with resultant bodily harm, vessel’s records, including its log and resulting catch of which either is, or is physically threatened, forcibly resisted, documentation for the purpose of intended to be, sold or bartered. refused boarding or subjected to inspection and copying; have reasonable Person includes an individual, physical intimidation or physical access to navigation equipment, charts, corporation, firm, or association. interference in the performance of and radios, and gather any other Subarea 2A–1 includes all U.S. waters duties as authorized by the Act or the information relating to fisheries in the Treaty; off the coast of Washington that are Licensing Area. ° ′ ′′ (iii) Has not made full payment north of 46 53 18 N. lat. and east of (3) To disembark at the point and time ° ′ ′′ within 60 days of any amount due as a notified by the Pacific Island Parties to 125 44 00 W. long., and all inland result of a final judgement or other final the Secretary. marine waters of Washington. determination deriving from a violation (4) To carry out observer duties safely. Treaty Indian tribes means the Hoh, in waters within the Treaty Area of a (b) The operator shall provide the Jamestown S’Klallam, Lower Elwha Pacific Island Party; or observer, while on board the vessel, at S’Klallam, Lummi, Makah, Port Gamble (iv) Was not represented by an agent no expense to the Pacific Island Parties, S’Klallam, Quileute, Quinault, for service of process in accordance with food, accommodation and medical Skokomish, Suquamish, Swinomish, with the Treaty; or facilities of reasonable standard as may and Tulalip tribes. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25455

§ 300.62 Annual management measures. the following year and will seek public (c) Commercial fishing periods and Annual management measures may be comment. The comment period will management measures to implement added and modified through adoption extend until after the Commission’s paragraph (b) of this section will be by the Commission and publication in annual meeting, so the public will have established by treaty Indian tribal the Federal Register by the Assistant the opportunity to consider the final regulations. Administrator, with immediate area 2A total allowable catch (TAC) (d) Commercial fishing for halibut by regulatory effect. Such measures may before submitting comments. After the treaty Indians shall comply with the include, inter alia, provisions Commission’s annual meeting and Commission’s management measures governing: Licensing of vessels, review of public comments, NMFS will governing size limits, careful release of inseason actions, regulatory areas, publish in the Federal Register the final halibut, logs, and fishing gear fishing periods, closed periods, closed rule governing sport fishing in area 2A. (published pursuant to § 300.62), except areas, catch limits (quotas), fishing Annual management measures may be that the 72-hour fishing restriction period limits, size limits, careful release adjusted inseason by NMFS. preceding the opening of a halibut of halibut, vessel clearances, logs, (2) A portion of the commercial TAC fishing period shall not apply to treaty receipt and possession of halibut, is allocated as incidental catch in the Indian fishing. fishing gear, retention of tagged halibut, salmon troll fishery in Area 2A. Each (e) Ceremonial and subsistence supervision of unloading and weighing, year the landing restrictions necessary fishing for halibut by treaty Indians in and sport fishing for halibut. The to keep the fishery within its allocation subarea 2A–1 is permitted with hook- Assistant Administrator will publish the will be recommended by the Pacific and-line gear from January 1 to Commission’s regulations setting forth Fishery Management Council at its December 31. annual management measures in the spring meetings, and will be published (f) No size or bag limits shall apply to Federal Register by March 15 each year. in the Federal Register along with the the ceremonial and subsistence fishery, Annual management measures may be annual salmon management measures. except that when commercial halibut adjusted inseason by the Commission. (3) The commercial longline fishery in fishing is prohibited pursuant to area 2A is governed by the annual paragraph (b) of this section, treaty § 300.63 Catch sharing plans and management measures published domestic management measures. Indians may take and retain not more pursuant to §§ 300.62 and 300.63. than two halibut per person per day. Catch sharing plans (CSP) may be (4) The treaty Indian fishery is (g) Halibut taken for ceremonial and developed by the appropriate regional governed by § 300.64 and tribal subsistence purposes shall not be fishery management council, and regulations. The annual quota for the offered for sale or sold. approved by NMFS, for portions of the fishery will be announced with the (h) Any member of a U.S. treaty fishery. Any approved catch sharing Commission regulations under § 300.62 plan may be obtained from the Director, (b) The catch sharing plan for area 4 Indian tribe who is engaged in Northwest Region, or the Director, allocates the annual TAC among area 4 commercial or ceremonial and Alaska Region. subarea, and will be implemented by subsistence fishing under this section (a) The catch sharing plan for area 2A the Commission in management must have on his or her person a valid provides a framework that shall be measures published pursuant to treaty Indian identification card issued applied to the annual Area 2A total § 300.62. pursuant to 25 CFR part 249, subpart A, allowable catch (TAC) adopted by the and must comply with the treaty Indian Commission, and shall be implemented § 300.64 Fishing by U.S. treaty Indian vessel and gear identification through domestic and Commission tribes. requirements of Final Decision No. 1 regulations, which will be published in (a) Halibut fishing in subarea 2A–1 by and subsequent orders in United States the Federal Register each year before members of U.S. treaty Indian tribes v. Washington 384 F. Supp. 312 (W.D. March 15. The Area 2A CSP allocates located in the State of Washington is Wash., 1974). halibut among the treaty Indian fishery, governed by this section. (i) The following table sets forth the segments of the non-Indian commercial (b) Commercial fishing for halibut by fishing areas of each of the 12 treaty fishery, and segments of the recreational treaty Indians is permitted only in Indian tribes fishing pursuant to this fishery. subarea 2A–1 with hook-and-line gear section. Within subarea 2A–1, (1) Each year, before January 1, NMFS in conformance with the season and boundaries of a tribe’s fishing area may will publish a proposal to govern the quota established annually by the be revised as ordered by a Federal recreational fishery under the CSP for Commission. Court.

Tribe Boundaries

HOH ...... Between 47°54′18′′ N. lat. (Quillayute River) and 47°21′00′′ N. lat. (Quinault River), and east of 125°44′00′′ W. long. JAMESTOWN S'KLALLAM Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Deci- sion No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 626 F. Supp. 1486, to be places at which the Jamestown S'Klallam Tribe may fish under rights secured by treaties with the United States. LOWER ELWHA Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Deci- S'KLALLAM. sion No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 459 F. Supp. 1049 and 1066 and 626 F. Supp. 1443, to be places at which the Lower Elwha S'Klallam Tribe may fish under rights secured by treaties with the United States. LUMMI ...... Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Deci- sion No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 384 F. Supp. 360, as modified in Subproceeding No. 89±08 (W.D. Wash., February 13, 1990) (de- cision and order re: cross-motions for summary judgement), to be places at which the Lummi Tribe may fish under rights secured by treaties with the United States. MAKAH ...... North of 48°02′15′′ N. lat. (Norwegian Memorial), west of 123°42′30′′ W. long., and east of 125°44′00′′ W. long. 25456 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

Tribe Boundaries

PORT GAMBLE Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Deci- S'KLALLAM. sion No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 626 F. Supp. 1442, to be places at which the Port Gamble S'Klallam Tribe may fish under rights secured by treaties with the United States. QUILEUTE ...... Between 48°07′36′′ N. lat. (Sand Point) and 47°31′42′′ N. lat. (Queets River), and east of 125°44′00′′ W. long. QUINAULT ...... Between 47°40′06′′ N. lat. (Destruction Island) and 46°53′18′′ N. lat. (Point Chehalis), and east of 125°44′00′′ W. long. SKOKOMISH ...... Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Deci- sion No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 384 F. Supp. 377, to be places at which the Skokomish Tribe may fish under rights secured by treaties with the United States. SUQUAMISH ...... Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Deci- sion No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 459 F. Supp. 1049, to be places at which the Suquamish Tribe may fish under rights secured by treaties with the United States. SWINOMISH ...... Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Deci- sion No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 459 F. Supp. 1049, to be places at which the Swinomish Tribe may fish under rights secured by treaties with the United States. TULALIP ...... Those locations in the Strait of Juan de Fuca and Puget Sound as determined in or in accordance with Final Deci- sion No. 1 and subsequent orders in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974), and particularly at 626 F. Supp. 1531±1532, to be places at which the Tulalip Tribe may fish under rights secured by treaties with the United States.

§ 300.65 Prohibitions. Authorized officer means, in addition (5) Treaty Indian fishing gear means In addition to the prohibitions in to those individuals identified under fishing gear defined, authorized, and § 300.4, the following prohibitions authorized officer at § 300.2, any state, identified under treaty Indian tribal apply within this subpart. It is unlawful Federal, or other officer as may be laws and regulations in accordance with for any person to fish for halibut except authorized by the Secretary in writing, the requirements of Final Decision No. in accordance with: including any treaty Indian tribal 1 and subsequent orders in United (a) The management measures enforcement officer authorized to States v. Washington, 384 F. Supp. 312 published under § 300.62. enforce tribal fishing regulations. (W.D. Wash., 1974). (b) The catch sharing plans and Commission means the Pacific Fraser River Panel means the Fraser management measures implemented Salmon Commission established by the River Panel established by the Pacific under § 300.63. Pacific Salmon Treaty. Salmon Treaty. Consistent regulation or consistent Fraser River Panel Area (U.S.) means Subpart FÐFraser River Sockeye and order means any Federal, state, or treaty the United States’ portion of the Fraser Pink Salmon Fisheries Indian tribal regulation or order that is River Panel Area specified in Annex II in addition to and not in conflict with of the Treaty as follows: Authority: Pacific Salmon Treaty Act, 16 (1) The territorial water and the high U.S.C. 3636(b). (at least as restrictive as) any regime of the Commission, Fraser River Panel seas westward from the western coast of § 300.90 Purpose and scope. regulation, inseason order of the Canada and the United States of This subpart implements the Pacific Secretary, or these regulations. America and from a direct line drawn Salmon Treaty Act of 1985 (16 U.S.C. Fishing gear— from Bonilla Point, Vancouver Island, to 3631–3644) (Act) and is intended to (1) Gill net means a fishing net of the lighthouse of Tatoosh Island, supplement, not conflict with, the single web construction, not anchored, Washington—which line marks the fishery regimes and Fraser River Panel tied, staked, placed, or weighted in such entrance of Juan de Fuca Strait—and ° ° regulations adopted under the Treaty a manner that it cannot drift. embraced between 48 and 49 N. lat., between the Government of the United (2) Purse seine means all types of excepting therefrom, however, all the States of America and the Government fishing gear consisting of a lead line, waters of Barkley Sound, eastward of a of Canada Concerning Pacific Salmon, cork line, auxiliary lines, purse line and straight line drawn from Amphitrite signed at Ottawa, January 28, 1985 purse rings and of mesh net webbing Point to Cape Beale and all the waters (Treaty). fashioned in such a manner that it is of Nitinat Lake and the entrance thereto. used to encircle fish, and in addition (2) The waters included within the § 300.91 Definitions. prevent their escape under the bottom following boundaries: Beginning at In addition to the terms defined in or lead line of the net by drawing in the Bonilla Point, Vancouver Island, thence § 300.2 and those in the Act and the bottom of the net by means of the purse along the aforesaid direct line drawn Treaty, the terms used in this subpart line so that it forms a closed bag. from Bonilla Point to Tatoosh have the following meanings. If a term (3) Reef net means a non-self-fishing Lighthouse, Washington, described in is defined differently in § 300.2, the Act, open bunt square or rectangular section paragraph (1) of this definition, thence or the Treaty, the definition in this of mesh netting suspended between two to the nearest point of Cape Flattery, section shall apply. anchored boats fashioned in such a thence following the southerly shore of All-citizen means any person who is manner that to impound salmon passing Juan de Fuca Strait to Point Wilson, on not a treaty Indian fishing in that treaty over the net, the net must be raised to Whidbey Island, thence following the Indian’s tribal treaty fishing places the surface. western shore of the said Whidbey pursuant to treaty Indian tribal fishing (4) Troll fishing gear means one or Island, to the entrance to Deception regulations (whether in compliance more lines that drag hooks with bait or Pass, thence across said entrance to the with such regulations or not). lures behind a moving fishing vessel. southern side of Reservation Bay, on Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25457

Fidalgo Island, thence following the (W.D. Wash. 1974), to be places at specific provisions governing treaty western and northern shore line of the which that treaty Indian tribe may take Indian fisheries are found in regulations said Fidalgo Island to Swinomish fish under rights secured by treaty with and laws promulgated by each treaty Slough, crossing the said Swinomish the United States. Indian tribe for fishermen fishing Slough, in line with the track of the Treaty Indian means any member of pursuant to tribal authorization. Great Northern Railway (Burlington a treaty Indian tribe whose treaty fishing (e) Nothing in this subpart relieves a Northern Railroad), thence northerly place is in the Fraser River Panel Area person from any other applicable following the shoreline of the mainland (U.S.) or any assistant to a treaty Indian requirements lawfully imposed by the to Atkinson Point at the northerly authorized to assist in accordance with United States, the State of Washington, entrance to Burrard Inlet, British § 300.95(d). or a treaty Indian tribe. Columbia, thence in a straight line to Treaty Indian tribe means any of the the southern end of Bowen Island, then federally recognized Indian tribes of the § 300.93 Reporting requirements. westerly following the southern shore of State of Washington having fishing Any person fishing for sockeye or Bowen Island to Cape Roger Curtis, rights secured by treaty with the United pink salmon within the Fraser River thence in a straight line to Gower Point, States to fish for salmon stocks subject Panel Area (U.S.) and any person thence westerly following the shoreline to the Pacific Salmon Treaty in treaty receiving or purchasing fish caught by to Welcome Point on Sechelt Peninsula, fishing places within the Fraser River such persons are subject to State of thence in a straight line to Point Young Panel Area (U.S.). Currently these tribes Washington reporting requirements at on Lasqueti Island, thence in a straight are the Makah, Tribe, Lower Elwha Washington Administrative Code, line to Dorcas Point on Vancouver Klallam Tribe, Port Gamble Klallam Chapter 220–69. Treaty Indian Island, thence following the eastern and Tribe, Jamestown Klallam Tribe, fishermen are subject also to tribal southern shores of the said Vancouver Suquamish Tribe, Lummi Tribe, reporting requirements. No separate Island, to the starting point at Bonilla Nooksack Tribe, the Swinomish Indian Federal reports are required. Point, as shown on the British Tribal Community, and the Tulalip Admiralty Chart Number 579, and on Tribe. § 300.94 Prohibitions and restrictions. the U.S. Coast and Geodetic Survey In addition to the prohibitions in Chart Number 6300, as corrected to § 300.92 Relation to other laws. (a) Insofar as they are consistent with § 300.4, the following prohibitions and March 14, 1930, copies of which are restrictions apply. annexed to the 1930 Convention this part, any other applicable Federal between Canada and the United States law or regulation, or any applicable law (a) In addition to the prohibited acts of America for Protection, Preservation, and regulations of the State of set forth in the Act at 16 U.S.C. 3637(a), and Extension of the Sockeye Salmon Washington or of a treaty Indian tribe the following restrictions apply to Fishery in the Fraser River System as with treaty fishing rights in the Fraser sockeye and pink salmon fishing in the amended, signed May 26, 1930. [Note: River Panel Area (U.S.) will continue to Fraser River Panel Area (U.S.): U.S. Coast and Geodetic Survey Chart have force and effect in the Fraser River (1) The Fraser River Panel Area (U.S.) Number 6300 has been replaced and Panel Area (U.S.) with respect to fishing is closed to sockeye and pink salmon updated by NOAA Chart Number activities addressed herein. fishing, unless opened by Fraser River 18400.] (b) Any person fishing subject to this Panel regulations or by inseason orders (3) The Fraser River and the streams subpart is bound by the international of the Secretary issued under § 300.97 and lakes tributary thereto. boundaries now recognized by the that give effect to orders of the Fraser (4) The Fraser River Panel Area (U.S.) United States within the Fraser River River Panel, unless such orders are includes Puget Sound Management and Panel Area (U.S.) described in § 300.91, determined not to be consistent with Catch Reporting Areas 4B, 5, 6, 6A, 6B, notwithstanding any dispute or domestic legal obligations. Such 6C, 6D, 7, 7A, 7B, 7C, 7D, and 7E as negotiation between the United States regulations and inseason orders may be defined in the Washington State and Canada regarding their respective further implemented by regulations Administrative Code at Chapter 220–22 jurisdictions, until such time as promulgated by the United States, the as of June 27, 1986. different boundaries are published by State of Washington, or any treaty Fraser River Panel regulations means the United States. Indian tribe, which are also consistent regulations applicable to the Fraser (c) Any person fishing in the Fraser with domestic legal obligations. River Panel Area that are recommended River Panel Area (U.S.) who also fishes (2) It is unlawful for any person or by the Commission (on the basis of for groundfish in the EEZ should fishing vessel subject to the jurisdiction proposals made by the Fraser River consult Federal regulations at part 663 of the United States to fish for, or take Panel) and approved by the Secretary of of this title for applicable requirements, and retain, any sockeye or pink salmon: including the requirement that vessels State. (i) Except during times or in areas that Mesh size means the distance between engaged in commercial fishing for groundfish (except commercial are opened by Fraser River Panel the inside of one knot to the outside of regulations or by inseason order, except the opposite (vertical) knot in one mesh passenger vessels) have vessel identification in accordance with that this provision will not prohibit the of a net. direct transport of legally caught Pink salmon means Oncorhynchus § 663.6. Federal regulations governing sockeye or pink salmon to offloading gorbuscha. salmon fishing in the EEZ, which Sockeye salmon means the includes a portion of the Fraser River areas. anadromous form of Oncorhynchus Panel Area (U.S.), are at part 661 of this (ii) By means of gear or methods not nerka. title. Annual regulatory modifications authorized by Fraser River Panel Treaty fishing places (of an Indian are published in the Federal Register. regulations, inseason orders, or other tribe) means locations within the Fraser (d) Except as otherwise provided in applicable Federal, state, or treaty River Panel Area (U.S.) as determined in this subpart, general provisions Indian tribal law. or in accordance with Final Decision governing off-reservation fishing by (iii) In violation of any applicable No. 1 and subsequent orders in United treaty Indians are found at 25 CFR part area, season, species, zone, gear, or States v. Washington, 384 F. Supp. 312 249, subpart A. Additional general and mesh size restriction. 25458 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

(b) It is unlawful for any person or subject to the Fraser River Panel accordance with treaty-secured fishing fishing vessel subject to the jurisdiction regulations and inseason orders rights, permit any person 16 years of age of the United States to— applicable to all citizens, as well as to or older other than the authorized (1) Remove the head of any sockeye the restrictions set forth in this section. holder of a currently valid identification or pink salmon caught in the Fraser (b) Nothing in this section will relieve card issued in accordance with the River Panel Area (U.S.), or possess a a treaty Indian from any applicable law requirements of paragraphs (c) (1) and salmon with the head removed, if that or regulation imposed by a treaty Indian (2) of this section to fish for said treaty salmon has been marked by removal of tribe, or from requirements lawfully Indian, assist said treaty Indian in the adipose fin to indicate that a coded imposed by the United States or the fishing, or use any gear or fishing wire tag has been implanted in the head State of Washington in accordance with location identified as said treaty of the fish. the requirements of Final Decision No. Indian’s gear or location. (2) Fail to permit an authorized officer 1 and subsequent orders in United (3) Treaty Indians are prohibited from to inspect a record or report required by States v. Washington, 384 F. Supp. 312 participating in a treaty Indian fishery the State of Washington or treaty Indian (W.D. Wash., 1974). under this section at any time persons tribal authority. (c) Identification. (1) Any treaty who are not treaty Indians are aboard (c) Notwithstanding paragraph (a) of Indian fishing under the authority of the fishing vessel or in contact with this section, nothing in this subpart will this subpart must have in his or her fishing gear operated from the fishing be construed to prohibit the retention of possession at all times while fishing or vessel, unless such persons are sockeye or pink salmon caught by any engaged in any activity related to fishing authorized employees or officers of a person while lawfully engaged in a the treaty Indian identification required treaty Indian tribe or tribal fisheries fishery for subsistence or ceremonial by 25 CFR 249.3 or by applicable tribal management organization, the purposes pursuant to treaty Indian tribal law. Northwest Indian Fisheries regulations, for recreational purposes (2) Any person assisting a treaty Commission, the Commission, or a pursuant to recreational fishing Indian under the authority of paragraph fisheries management agency of the regulations promulgated by the State of (d) of this section must have in his or United States or the State of Washington, or as otherwise authorized her possession at all such times a valid Washington. by treaty Indian tribal or State of identification card issued by the Bureau Washington law or regulation, provided of Indian Affairs or by a treaty Indian § 300.96 Penalties. that such treaty Indian tribal or State tribe, identifying the holder as a person Any treaty Indian who commits any regulation is consistent with U.S.- qualified to assist a treaty Indian. The act that is unlawful under this subpart approved Commission fishery regimes, identification card must include the normally will be referred to the Fraser River Panel regulations, or name of the issuing tribe, the name, applicable tribe for prosecution and inseason orders of the Secretary address, date of birth, and photograph of punishment. If such tribe fails to applicable to fishing in the Fraser River the assistant, and the name and prosecute such persons in a diligent Panel Area (U.S.). identification number of the treaty manner for the offense(s) referred to the (d) The following types of fishing gear Indian whom the assistant is authorized tribe, or if other good cause exists, such are authorized, subject to the to assist. treaty Indian may be subject to the restrictions set forth in this subpart and (3) Identification described in penalties and procedures described in according to the times and areas paragraph (c) (1) or (2) of this section the Magnuson Act. established by Fraser River Panel must be shown on demand to an regulations or inseason orders of the authorized officer by the treaty Indian or § 300.97 Inseason orders. Secretary: authorized assistant. (a) During the fishing season, the (1) All citizens: Gill net, purse seine, (4) Any treaty Indian fishing under Secretary may issue orders that establish reef net, and troll fishing gear. Specific this subpart must comply with the fishing times and areas consistent with restrictions on all citizens gear are treaty Indian vessel and gear the annual Commission regime and contained in the Washington State identification requirements of Final inseason orders of the Fraser River Administrative Code of Chapter 220–47. Decision No. 1 and subsequent orders in Panel. Inseason orders will be consistent (2) Treaty Indians: Treaty Indian United States v. Washington, 384 F. with domestic legal obligations. fishing gear. Supp. 312 (W.D. Wash., 1974). Violation of such inseason orders is (e) Geographic descriptions of Puget (d) Fishing assistance. (1) Any violation of this subpart. Sound Salmon Management and Catch member of a treaty Indian tribe fishing (b) Notice of inseason orders. (1) Reporting Areas, which are referenced under this subpart may, if authorized by Official notice of such inseason orders in the Commission’s regimes, Fraser the treaty Indian’s tribe, receive fishing is available from NMFS (for orders River Panel regulations, and in inseason assistance from, and only from, the applicable to all-citizen fisheries) and orders of the Secretary, are found in the treaty Indian tribal member’s spouse, from the Northwest Indian Fisheries Washington State Administrative Code forebears, children, grandchildren, and Commission (for orders applicable to at Chapter 220–22. siblings, as authorized by the U.S. treaty Indian fisheries) through the District Court for the Western District of following Area Code 206 toll-free § 300.95 Treaty Indian fisheries. Washington in United States v. telephone hotlines: All-citizen fisheries: (a) Any treaty Indian must comply Washington, 384 F. Supp. 312 (W.D. 1–800–562–6513; Treaty Indian with this section when fishing for Wash., 1974). For purposes of this fisheries: 1–800–562–6142. sockeye and pink salmon at the treaty section, the treaty Indian tribal member (2) Notice of inseason orders of the Indian tribe’s treaty fishing places in the whom the assistant is authorized to Secretary and other applicable tribal Fraser River Panel Area (U.S.) during assist must be present aboard the fishing regulations may be published and the time the Commission or the vessel at all times while engaged in the released according to tribal procedures Secretary exercises jurisdiction over exercise of treaty Indian fishing rights in accordance with Final Decision No. these fisheries. Fishing by a treaty subject to this subpart. 1 and subsequent orders in United Indian outside the applicable Indian (2) No treaty Indian may, while States v. Washington, 384 F. Supp. 312 tribe’s treaty fishing places will be fishing at a treaty fishing place in (W.D. Wash., 1974). Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25459

(3) Inseason orders may also be Common displaying the pennant approved by the communicated through news releases to Scientific name name Commission to identify such vessel. radio and television stations and Land or landing means to begin newspapers in the Fraser River Panel Notothenia rossii ...... Marbled offloading any fish, to arrive in port Area (U.S.). rockcod. with the intention of offloading any fish, (4) Inseason orders of the Secretary Lepidorhirus squamifrons ...... Grey rockcod. or to cause any fish to be offloaded. will also be published in the Federal Dissostichus eleginoides ...... Patagonian NSF means National Science Register as soon as practicable after they toothfish. Foundation, 4201 Wilson Boulevard, are issued. Patagonothen brevicauda Patagonian Arlington, VA 22230. guntheri. rockcod. Recreational fishing means fishing Subpart GÐAntarctic Marine Living Pleuragramma antarcticum .... Antarctic sil- with hook and line for personal use and Resources verfish. not for sale. Trematomus spp...... Antarctic Authority: 16 U.S.C. 2431 et seq. Scientific research activity means any cods. activity for which a person has a permit § 300.100 Purpose and scope. Chaenocephalus aceratus ..... Blackfin from NMFS under § 216.31 of this title icefish. (a) This subpart implements the Chaenodraco wilsoni ...... Spiny icefish. or an award letter from NSF or a permit Antarctic Marine Living Resources Champsocephalus gunnari .... Mackerel from the NSF under 45 CFR part 670. Convention Act of 1984 (Act). icefish. Scientific research activities may also (b) This subpart regulates— Chionodraco rastrospinosus Ocellated include harvesting or other associated (1) The harvesting of Antarctic marine icefish. activities if such activities are living resources or other associated Pseudochaenichthys South Geor- designated as scientific research activities by any person subject to the georgianus. gia icefish. activities by the Assistant jurisdiction of the United States or by Administrator. any vessel of the United States. Antarctic marine living resources or (2) The importation into the United AMLR(s) means the populations of § 300.102 Relationship to other treaties, States of any Antarctic marine living finfish, mollusks, crustaceans, and all conventions, laws, and regulations. resource. other species of living organisms, (a) Other conventions and treaties to including birds, found south of the which the United States is a party and § 300.101 Definitions. Antarctic Convergence, and their parts other Federal statutes and implementing In addition to the terms defined in or products. regulations may impose additional § 300.2, in the Act, and in the Commission means the Commission restrictions on the harvesting and Convention on the Conservation of for the Conservation of Antarctic Marine importation into the United States of Antarctic Marine Living Resources, Living Resources established under AMLRs. done at Canberra, Australia, May 7, Article VII of the Convention. (b) The ACA implements the 1980 (Convention). Convention, the Convention waters means all waters Antarctic Treaty Agreed Measures for terms used in this subpart have the south of the Antarctic Convergence. the Conservation of Antarctic Fauna and following meanings. If a term is defined Directed fishing, with respect to any Flora (12 U.S.T. 794). The ACA and its differently in § 300.2, such Act, or such species or stock of fish, means any implementing regulations (45 CFR part Convention, the definition in this fishing that results in such fish 670) apply to certain defined activities section shall apply. comprising more than 1 percent by of U.S. citizens south of 60° S. lat. ACA means the Antarctic weight, at any time, of the catch on (c) The Marine Mammal Protection Conservation Act of 1978 (16 U.S.C. board the vessel. Act of 1972 (16 U.S.C. 1361 et seq.), the 2401 et seq.). Fish means finfish, mollusks, and Endangered Species Act of 1973 (16 Antarctic convergence means a line crustaceans. U.S.C. 1531 et seq.), the Migratory Bird joining the following points along the Fishery means: Treaty Act (16 U.S.C. 701 et seq.), and parallels of latitude and meridians of (1) One or more stocks of fish that can their implementing regulations also longitude: be treated as a unit for purposes of apply to the harvesting and importation conservation and management and that of AMLRs. Lat. Long. are identified on the basis of geographical, scientific, technical, § 300.103 Procedure for according ° 50 S ...... 0. recreational, and economic protection to CCAMLR Ecosystem 50° S ...... 30° E. Monitoring Program Sites. ° ° characteristics. 45 S ...... 30 E. (a) General. (1) Any person subject to 45° S ...... 80° E. (2) Any fishing for such stocks. 55° S ...... 80° E. Harvesting vessel means any vessel of the jurisdiction of the United States 55° S ...... 150° the United States (this includes any must apply for and be granted an entry E. boat, ship, or other craft), that is used permit authorizing specific activities 60° S ...... 150° for, equipped to be used for, or of a type prior to entering a CCAMLR Ecosystem E. that is normally used for harvesting. Monitoring Program (CEMP) Protected 60° S ...... 50° W. Individual permit means an NSF Site designated in accordance with the 50° S ...... 50° W. permit issued under 45 CFR part 670; or CCAMLR Conservation Measure ° 50 S ...... 0. an NSF award letter (demonstrating that describing the Procedures for According the individual has received an award Protection for CEMP Sites. Antarctic finfishes include the from NSF to do research in the (2) If a CEMP Protected Site is also a following: Antarctic); or a marine mammal permit site specially protected under the issued under § 216.31 of this chapter; or Antarctic Treaty (or the Protocol on Common Scientific name name an endangered species permit issued Environmental Protection to the under § 222.21 of this chapter. Antarctic Treaty and its Annexes, when Gobionotothen gibberifrons .... Humped Inspection vessel means a vessel it enters into force), an applicant rockcod. carrying a CCAMLR inspector and seeking to enter such a Protected Site 25460 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules must apply to the Director of the NSF (1) The specific activities meet the (2) If a requested modification is not for a permit under applicable provisions requirements of the Act. in compliance with the terms of the of the ACA or any superseding (2) There is sufficient reason, Protected Site’s Management Plan, the legislation. The permit granted by NSF established in the permit application, Assistant Administrator will treat the shall constitute a joint CEMP/ACA that the scientific purpose for the requested modification as an Protected Site permit and any person intended entry cannot be served application for a new CEMP permit and holding such a permit must comply elsewhere. so notify the holder. Modifications will with the appropriate CEMP Protected (3) The actions permitted will not be acted upon within 30 days of receipt. Site Management Plan. In all other violate any provisions or prohibitions of The CEMP permit holder must report to cases, an applicant seeking a permit to the Protected Site’s Management Plan the Assistant Administrator any change enter a CEMP Protected Site must apply submitted in compliance with the in previously submitted information to the Assistant Administrator for a CCAMLR Conservation Measure within 10 days of the change. CEMP permit in accordance with the describing the Procedures for According (3) Additional conditions and provisions of this section. Protection to CEMP Sites. restrictions. The Assistant (b) Responsibility of CEMP permit (f) Application process. An applicant Administrator may revise the CEMP holders and persons designated as seeking a CEMP permit from the permit effective upon notification of the agents under a CEMP permit. (1) The Assistant Administrator to enter a CEMP permit holder, to impose additional CEMP permit holder and person Protected Site shall include the conditions and restrictions as necessary designated as agents under a CEMP following in the application. to achieve the purposes of the permit are jointly and severally (1) A detailed justification that the Convention, the Act and the CEMP responsible for compliance with the scientific objectives of the applicant Management Plan. The CEMP permit Act, this subpart, and any permit issued cannot be accomplished elsewhere and holder must, as soon as possible, notify under this subpart. a description of how said objectives will any and all agents operating under the (2) The CEMP permit holder and be accomplished within the terms of the permit of any and all revisions or agents designated under a CEMP permit Protected Site’s Management Plan. modifications to the permit. are responsible for the acts of their (2) A statement signed by the (k) Revocation or suspension. CEMP employees and agents constituting applicant that the applicant has read permits may be revoked or suspended violations, regardless of whether the and fully understands the provisions based upon information received by the specific acts were authorized or and prohibitions of the Protected Site’s Assistant Administrator and such forbidden by the CEMP permit holder or Management Plan. Prospective revocation or suspension shall be agents, and regardless of knowledge applicants may obtain copies of the effective upon notification to the permit concerning their occurrence. relevant Management Plans and the holder. (1) A CEMP permit may be revoked or (c) Prohibitions regarding the CCAMLR Conservation Measure suspended based on a violation of the Antarctic Treaty System and other describing the Procedures for According permit, the Act, or this subpart. applicable treaties and statutes. Holders Protection to CEMP Sites by requesting (2) Failure to report a change in the of permits to enter CEMP Protected Sites them from the Assistant Administrator. information submitted in a CEMP are not permitted to undertake any (g) Conditions. CEMP permits issued permit application within 10 days of the activities within a CEMP Protected Site under this section will contain special change is a violation of this subpart and that are not in compliance with the and general conditions including a voids the application or permit, as provisions of: condition that the permit holder shall applicable. Title 15 CFR part 904 (1) The Antarctic Treaty, including submit a report describing the activities governs permit sanctions under this the Agreed Measures for the conducted under the permit within 30 subpart. Conservation of Antarctic Fauna and days of the expiration of the CEMP (l) Exceptions. Entry into a Protected Flora (including the Protocol on the permit. Site described in this section is lawful Environmental Protection to the (h) Duration. Permits issued under if committed under emergency Antarctic Treaty and its Annexes when this section are valid for a period of 1 conditions to prevent the loss of human it enters into force), as implemented year. Applicants requesting a permit to life, compromise human safety, prevent under by the ACA and any superseding reenter a Protected Site must include the loss of vessels or aircraft, or to legislation. (Persons interested in the report required by the general prevent environmental damage. conducting activities subject to the condition in the previously issued (m) Protected sites. (1) Sites protected Antarctic Treaty or the Protocol should CEMP permit describing the activities by the Antarctic Treaty and regulated contact the Office of Polar Programs, conducted under authority of that under the ACA are listed at 45 CFR part NSF). permit. 670 subparts G and H. (2) The Convention for the (i) Transfer. CEMP permits are not (2) The following sites have been Conservation of Antarctic Seals. transferable or assignable. A CEMP identified as CEMP Protected Sites (3) The Convention and its permit is valid only for the person to subject to the regulatory authority of the Conservation Measures in force, whom it is issued. Act: implemented under the Act. (j) Modification. (1) CEMP permits can (i) Seal Islands, South Shetland (d) Prohibitions on takings. Permits be modified by submitting a request to Islands—The Seal Islands are composed issued under this section do not the Assistant Administrator. Such of islands and skerries located authorize any takings as defined in the requests shall specify: approximately 7 km north of the applicable statutes and implementing (i) The action proposed to be taken northwest corner of Elephant Island, regulations governing the activities of along with a summary of the reasons South Shetland Islands. The Seal persons in Antarctica. therefore. Islands CEMP Protected Site includes (e) Issuance criteria. Permits (ii) The steps that the permit holder the entire Seal Islands group, which is designated in this section may be issued may take to demonstrate or achieve defined as Seal Island plus any land or by the Assistant Administrator upon a compliance with all lawful rocks exposed at mean low tide within determination that: requirements. a distance of 5.5 km of the point of Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25461 highest elevation on Seal Island. Seal (e) The following measures apply to (2) Biological information from Island is situated at 60°59′14′′ S. lat., any person planning to use any vessel comprehensive research/survey cruises, 55°23′04′′ W. long. for research purposes, when the such as distribution, abundance, (ii) Cape Shirreff and the San Telmo estimated catch is expected to be more demographic data and information on Islands. This designation takes effect on than 50 tons: stock identity. May 1, 1995. Cape Shirreff is a low, ice- (1) The person must use the CCAMLR (3) Details of dependent and free peninsula towards the western end Format for Reporting Plans for Finfish associated species and the likelihood of of the north coast of Livingston Island, Surveys in the Convention Area when them being affected by the proposed South Shetland Islands, situated at the Total Catch is Expected to be More fishery. 62°29′ S. lat., 60°47′ W. long., between Than 50 Tons to report the details of the (4) Information from other fisheries in Barclay Bay and Hero Bay. San Telmo research plan to the Assistant the region or similar fisheries elsewhere Island is the largest of a small group of Administrator at least 7 months in that may assist in the valuation of ice-free rock islets, approximately 2 km advance of the planned starting date for potential yield. the research. A copy of the format is west of Cape Shirreff. The boundaries of § 300.106 Exploratory fisheries. the Cape Shirreff CEMP Protected Site available from the Assistant (a) An exploratory fishery, for are identical to the boundaries of the Administrator. purposes of this section, is a fishery that Site of Special Scientific Interest No. 32, (2) The format requires: was previously defined as a new fishery as specified by ATCM Recommendation (i) The name of the CCAMLR Member. under § 300.105. XV–7. No manmade boundary markers (ii) Survey details. (iii) Description of the vessel. (b) A fishery will continue to be indicate the limits of the SSSI or (iv) Description of the fishing gear to classified as an exploratory fishery until protected site. The boundaries are be used. sufficient information is available to: defined by natural features and include (v) Description of acoustic gear to be (1) Evaluate the distribution, the entire area of the Cape Shirreff used. abundance, and demography of the peninsula north of the glacier ice tongue (vi) Survey design and methods of target species, leading to an estimate of margin, and most of the San Telmo data analyses. the fishery’s potential yield. Island group. For the purposes of the (vii) Data to be collected. (2) Review the fishery’s potential protected site, the entire area of Cape (3) A summary of the results of any impacts on dependent and related Shirreff and the San Telmo Island group research fishing subject to these species. is defined as any land or rocks exposed provisions must be provided to the (3) Allow the CCAMLR Scientific at mean low tide within the area Assistant Administrator within 150 days Committee to formulate and provide delimited by the map of SSSI No. 32 of the completion of the research fishing advice to the Commission on and available from the Assistant and a full report must be provided appropriate harvest catch levels and Administrator. within 11 months. fishing gear. (4) Catch and effort data resulting (c) Each vessel participating in an § 300.104 Scientific research. from the research fishing must be exploratory fishery must carry a (a) The management measures issued reported to the Assistant Administrator scientific observer. pursuant to the procedures at § 300.111 using the CCAMLR C4 haul-by-haul (d) The operator of any vessel do not apply to catches of less than 5 reporting format for research vessels. engaging in an exploratory fishery must tons taken by any vessel for research submit, by the date specified in the purposes, unless otherwise indicated. § 300.105 Initiating a new fishery. operator’s harvesting permit, catch, (b) Catches taken by any vessel for (a) A new fishery, for purposes of this effort, and related biological, ecological, research purposes will be considered as section, is a fishery on a species using and environmental data as required by part of any catch limit. a particular method in a statistical a data collection plan for the fishery (c) The catch reporting procedure subarea for which: formulated by the CCAMLR Scientific identified in management measures (1) Information on distribution, Committee. issued pursuant to the procedures at abundance, demography, potential yield (e) In addition to the requirements in § 300.111 applies whenever the catch and stock identity from comprehensive § 300.112, any individual planning to within any 5-day reporting period research/surveys or exploratory fishing enter an exploratory fishery must notify exceeds 5 tons, unless more specific has not been submitted to CCAMLR; the Assistant Administrator no later reporting requirements apply to the (2) Catch and effort data have never than 4 months in advance of the annual species being fished. been submitted to CCAMLR; or meeting of CCAMLR. The Assistant (d) Any person, organization or (3) Catch and effort data from the two Administrator will not issue a permit to institution planning to use a vessel for most recent seasons in which fishing enter an exploratory fishery until after research purposes, when the estimated occurred have not been submitted to the requirements of § 300.112 have been catch is expected to be less than 50 tons, CCAMLR. met and the meeting of CCAMLR, which must provide the following vessel and (b) An individual subject to these receives and considers the notice made research notification to the Assistant regulations intending to develop a new to the Assistant Administrator, has been Administrator at least 2 months in fishery shall notify the Assistant concluded. advance of the planned research: Administrator no later than July 1 of the (1) Name and registration number of year in which he or she intends to § 300.107 Reporting and recordkeeping vessel. initiate the fishery and shall not initiate requirements. (2) Division and subarea in which the fishery pending CCAMLR review. The operator of any vessel required to research is to be carried out. (c) The notification shall be have a permit under this subpart must: (3) Estimated dates of entering and accompanied by information on: (a) Accurately maintain on board the leaving CCAMLR Convention Area. (1) The nature of the proposed fishery, vessel a fishing logbook and all other (4) Purposes of research. including target species, methods of reports and records required by its (5) Fishing equipment to be used fishing, proposed region and any permit. (bottom trawl, midwater trawl, longline, minimum level of catches that would be (b) Make such reports and records crab pots, other). required to develop a viable fishery. available for inspection upon the 25462 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules request of an authorized officer or accordance with applicable Federal (c) The following procedure will be CCAMLR inspector. regulations by any authorized officer or used for determining compliance with (c) Within the time specified in the CCAMLR inspector. mesh size requirements. permit, submit a copy of such reports (d) Maintenance. The operator of each (1) Description of gauges. (i) Gauges and records to the Assistant harvesting vessel must: for determining mesh sizes will be 2 Administrator. (1) Keep the vessel and gear mm thick, flat, of durable material and identification clearly legible and in good capable of retaining their shape. They § 300.108 Vessel and gear identification. repair. may have either a series of parallel- (a) Vessel identification. (1) The (2) Ensure that nothing on the edged sides connected by intermediate operator of each harvesting vessel harvesting vessel obstructs the view of tapering edges with a taper of one to assigned an IRCS must display that call the markings from an enforcement or eight on each side, or only tapering sign amidships on both the port and inspection vessel or aircraft. edges with the taper defined above. starboard sides of the deckhouse or hull, (3) Ensure that the proper They will have a hole at the narrowest so that it is visible from an enforcement navigational lights and shapes are extremity. displayed for the harvesting vessel’s or inspection vessel, and on an (ii) Each gauge will be inscribed on its activity and are properly functioning. appropriate weather deck so that it is face with the width in millimeters both visible from the air. on the parallel-sided section, if any, and (2) The operator of each harvesting § 300.109 Gear disposal. on the tapering section. In the case of vessel not assigned an IRCS, such as a (a) The operator of a harvesting vessel the latter, the width will be inscribed small trawler associated with a may not dump overboard, jettison or every 1 mm interval, but the indication mothership or one of a pair of trawlers, otherwise discard any article or of the width may appear at regular must display the IRCS of the associated substance that may interfere with other intervals other than 1 mm. vessel, followed by a numerical suffix fishing vessels or gear, or that may catch (2) Use of the gauge. (i) The net will specific for the non-assigned vessel. fish or cause damage to any marine (3) The vessel identification must be resource, including marine mammals be stretched in the direction of the long in a color in contrast to the background and birds, except in cases of emergency diagonal of the meshes. and must be permanently affixed to the involving the safety of the ship or crew, (ii) A gauge as described in paragraph harvesting vessel in block roman or as specifically authorized by (c)(1) of this section will be inserted by alphabet letters and arabic numerals at communication from the appropriate its narrowest extremity into the mesh least 1 m in height for harvesting vessels USCG commander or authorized officer. opening in a direction perpendicular to over 20 m in length, and at least 0.5 m These articles and substances include, the plane of the net. in height for all other harvesting vessels. but are not limited to, fishing gear, net (iii) The gauge may be inserted into (b) Navigational lights and shapes. scraps, bale straps, plastic bags, oil the mesh opening either with a manual Each harvesting vessel must display the drums, petroleum containers, oil, toxic force or using a weight or dynamometer, lights and shapes prescribed by the chemicals or any manmade items until it is stopped at the tapering edges International Regulations for Preventing retrieved in a harvesting vessel’s gear. by the resistance of the mesh. Collisions at Sea, 1972 (TIAS 8587, and (b) The operator of a harvesting vessel (3) Selection of meshes to be 1981 amendment TIAS 10672), for the may not abandon fishing gear in measured. (i) Meshes to be measured activity in which the harvesting vessel Convention waters. will form a series of 20 consecutive (c) The operator of a harvesting vessel is engaged (as described at 33 CFR part meshes chosen in the direction of the must provide a copy of the CCAMLR 81). long axis of the net, except that the (c) Gear identification. (1) The information brochure ‘‘Marine Debris— meshes to be measured need not be operator of each harvesting vessel must A Potential Threat to Antarctic Marine consecutive if the application of Mammals’’ to each member of the crew ensure that all deployed fishing gear paragraph (c)(3)(ii) of this section of the harvesting vessel and must that is not physically and continuously prevents it. display copies of the CCAMLR placard attached to a harvesting vessel is clearly (ii) Meshes less than 50 cm from ‘‘Avoidance of Incidental Mortality of marked at the surface with a buoy lacings, ropes, or codline will not be Antarctic Marine Mammals’’ in the displaying the vessel identification of measured. This distance will be wheelhouse and crew quarters of the the harvesting vessel (see paragraph (a) measured perpendicular to the lacings, harvesting vessels. Copies of the of this section) to which the gear ropes or codline with the net stretched brochure and placard will be provided belongs, a light visible for 2 miles at in the direction of that measurement. No to each holder of a harvesting permit by night in good visibility, and a radio mesh will be measured which has been NMFS when issuing the permit. buoy. Trawl codends passed from one mended or broken or has attachments to vessel to another are considered § 300.110 Mesh size. the net fixed at that mesh. continuously attached gear and do not (a) The use of pelagic and bottom (iii) Nets will be measured only when have to be marked. trawls having the mesh size in any part wet and unfrozen. (2) The operator of each harvesting of a trawl less than indicated is (4) The measurement of each mesh vessel must ensure that deployed prohibited for any directed fishing for will be the width of the gauge at the longlines, strings of traps or pots, and the following Antarctic finfishes: point where the gauge is stopped, when gillnets are marked at the surface at each (1) Notothenia rossii and Dissostichus using this gauge in accordance with terminal end with a buoy displaying the eleginoides—120 mm. paragraph (c)(2) of this section. vessel identification of the harvesting (2) Champsocephalus gunnari—90 (5) Determination of the mesh size of vessel to which the gear belongs (see mm. the net will be the arithmetical mean in paragraph (a) of this section), a light (3) Gobionotothen gibberifrons, millimeters of the measurements of the visible for 2 miles at night in good Notothenia kempi and Lepidorhirus total number of meshes selected and visibility, and a radio buoy. squamifrons—80 mm. measured as provided for in paragraphs (3) Unmarked or incorrectly identified (b) Any means or device that would (c) (3) and (4) of this section, the fishing gear may be considered reduce the size or obstruct the opening arithmetical mean being rounded up to abandoned and may be disposed of in of the meshes is prohibited. the next millimeter. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25463

(6) Inspection procedure. (i) One (b) Preliminary notice. The Secretary permit issued under the Act and this series of 20 meshes, selected in of State shall publish preliminary notice subpart. accordance with paragraph (c)(3) of this in the Federal Register of the (2) The owners and operators of each section, will be measured by inserting management measures adopted by the such vessel are responsible for the acts the gauge manually without using a parties to the Convention. of their employees and agents weight or dynamometer. The mesh size (c) Procedure. At its annual meeting, constituting violations, regardless of of the net will then be determined in usually in October or November, the whether the specific acts were accordance with paragraph (c)(5) of this Commission may recommend new authorized or forbidden by the owners section. If the calculation of the mesh measures and that established measures or operators, and regardless of size shows that the mesh size does not be modified, removed, or re-instituted. knowledge concerning their occurrence. appear to comply with the rules in After public notice of those (3) The owner of such vessel must force, then two additional series of 20 recommendations by the Secretary of report any sale, change in ownership, or meshes selected in accordance with State and opportunity for public other disposition of the vessel to the paragraph (c)(3) of this section will be comment, and after considering the Assistant Administrator within 15 days measured. The mesh size will then be impact of instituting the measures and of the occurrence. recalculated in accordance with any public comment received by the (c) Application. Application forms for paragraph (c)(5) of this section, taking Secretary of State, the Assistant harvesting permits are available from into account the 60 meshes already Administrator may implement the the Assistant Administrator (Attn: measured; this recalculation will be the management measures by notice in the CCAMLR permits). A separate fully mesh size of the net. Federal Register, with immediate force completed and accurate application (ii) If the captain of the vessel contests and effect. The notification in the must be submitted for each vessel for the mesh size determined in accordance Federal Register will summarize new which a harvesting permit is requested with paragraph (c)(6)(i) of this section, management measures, and respond to at least 90 days before the date such measurement will not be any public comments received by the anticipated for the beginning of considered for the determination of the Secretary of State on the preliminary harvesting. mesh size and the net will be notice. (d) Issuance. The Assistant remeasured. (d) Types of management measures to Administrator may issue a harvesting be frameworked. Management measures (A) A weight or dynamometer permit to a vessel if the Assistant that may be implemented by regulatory attached to the gauge will be used for Administrator determines that the notice rather than by codified regulation remeasurement. The choice of weight or harvesting described in the application are those that generally will not remain dynamometer is at the discretion of the will meet the requirements of the Act in effect for more than 12 months and inspectors. The weight will be fixed to and will not: include catch restrictions, time and area the hole in the narrowest extremity of (1) Decrease the size of any harvested closures, and gear restrictions. the gauge using a hook. The population to levels below those that dynamometer may either be fixed to the § 300.112 Harvesting permits. ensure its stable recruitment. For this hole in the narrowest extremity of the (a) General. (1) Every vessel subject to purpose, the Convention recommends gauge or be applied at the largest the jurisdiction of the United States that that its size not be allowed to fall below extremity of the gauge. attempts to reduce or reduces any a level close to that which ensures the (B) The accuracy of the weight or AMLR to possession must have a greatest net annual increment. dynamometer must be certified by the harvesting permit authorizing the (2) Upset the ecological relationships appropriate national authority. attempt or reduction, unless the attempt between harvested, dependent, and (C) For nets of a mesh size of 35 mm or reduction occurs during recreational related populations of AMLRs and the or less as determined in accordance fishing or is covered by an individual restoration of depleted populations to with paragraph (c)(6)(i) of this section, permit. Boats launched from a vessel levels that will ensure stable a force of 19.61 newtons (equivalent to issued a harvesting permit do not recruitment. a mass of 2 kg) will be applied, and for require a separate permit, but are (3) Cause changes or increase the risk other nets, a force of 49.03 newtons covered by the permit issued the of changes in the marine ecosystem that (equivalent to a mass of 5 kg). launching vessel. Any enforcement are not potentially reversible over 2 or (D) For the purposes of determining action that results from the activities of 3 decades, taking into account the state the mesh size in accordance with a launched boat will be taken against of available knowledge of the direct and paragraph (c)(5) of this section, when the launching vessel. indirect impact of harvesting, the effect using a weight or dynamometer, one (2) Permits issued under this section of the introduction of alien species, the series of 20 meshes only will be do not authorize vessels or persons effects of associated activities on the measured. subject to the jurisdiction of the United marine ecosystem and of the effects of States to harass, capture, harm, kill, environmental changes, with the aim of § 300.111 Framework for annual harvest, or import marine mammals. No making possible the sustained management measures. marine mammals may be taken in the conservation of AMLRs. (a) Introduction. New management course of commercial fishing operations (4) Violate the management measures measures may be added and others unless the taking is allowed under the issued pursuant to § 300.111 of this modified through publication of a Marine Mammal Protection Act and/or subpart. regulatory action in the Federal the Endangered Species Act pursuant to (5) Violate any other conservation Register. The following framework an exemption or permit granted by the measures in force with respect to the process authorizes the implementation appropriate agency. United States under the Convention or of measures that may affect the (b) Responsibility of owners and the Act. operation of the commercial or operators. (1) The owners and operators (e) Duration. A harvesting permit is exploratory fisheries, gear, area of each harvesting vessel are jointly and valid from its date of issuance to its date restrictions, or changes in catch and/or severally responsible for compliance of expiration unless it is revoked or effort. with the Act, this subpart, and any suspended. 25464 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

(f) Transfer. Permits are not (i) Additional conditions and (b) Application. Application forms for transferable or assignable. A permit is restrictions. The Assistant import permits are available from the valid only for the vessel to which it is Administrator may revise the harvesting Assistant Administrator (Attn: CCAMLR issued. permit, effective upon notification to the permits). A fully completed and (g) Display. Each harvesting vessel permit holder, to impose additional accurate application must be submitted when engaged in harvesting must either conditions and restrictions on the for each import permit requested at least have on board an up-to-date copy of its harvesting vessel as necessary to 30 days before the anticipated date of harvesting permit or a fully completed achieve the purposes of the Convention the importation. and up-to-date harvesting vessel or the Act. The permit holder must, as (c) Issuance. The Assistant certificate and the vessel operator must soon as possible, direct the vessel Administrator may issue an import produce it for inspection upon the operator to revise the harvesting vessel permit if the Assistant Administrator request of an authorized officer or certificate, if any, accordingly. determines that the importation meets CCAMLR inspector. In order for the (j) Revision, suspension, or revocation the requirements of the Act and that the certificate to be considered complete, for violations. A harvesting permit may resources were not or will not be the vessel owner or operator must enter be revised, suspended, or revoked if the harvested in violation of any on it the name and IRCS of the vessel harvesting vessel is involved in the conservation measure in force with issued the harvesting permit, the commission of any violation of its respect to the United States or in number of the harvesting permit and its permit, the Act, or this subpart. Failure violation of any regulation in this date of issuance and expiration, the to report a change in the information subpart. Blank import tickets will be harvesting authorized by the permit, contained in an application within 15 attached to the permit. Additional blank and all conditions and restrictions days of the change is a violation of this import tickets are available from the contained in the permit. Blank subpart and voids the application or Assistant Administrator. certificates are available from the permit, as applicable. If a change in (d) Duration. An import permit is Assistant Administrator. vessel ownership is not reported, the valid from its date of issuance to its date of expiration unless it is revoked or (h) Changes in information submitted violation is chargeable to the previous suspended. by permit applicants or holders—(1) owner. Title 15 CFR part 904 governs permit sanctions under this subpart. (e) Transfer. An import permit is not Changes in pending applications. transferable or assignable. Applicants for a harvesting permit must § 300.113 Import permits. (f) Changes in information submitted report to the Assistant Administrator in (a) General. (1) Any AMLR may be by permit applicants or holders—(1) writing any change in the information imported into the United States if its Changes in pending applications. contained in the application. The harvest is authorized by an individual Applicants for an import permit must processing period for the application permit or a harvesting permit. The report in writing to the Assistant will be extended as necessary to review harvesting permit, the harvesting vessel Administrator any change in the the change. certificate, or the individual permit, or information submitted in their import (2) Changes occurring after permit a copy of any thereof, must accompany permit application. The processing issuance—(i) Changes other than in the the import. AMLRs harvested by entities period for the application will be manner and amount of harvesting. The not subject to U.S. jurisdiction and, extended as necessary to review the owner or operator of a vessel that has thus, not harvested under a U.S. issued change. been issued a harvesting permit must permit (i.e., a harvesting permit or an (2) Changes occurring after permit report to the Assistant Administrator in individual permit), also may be issuance. Any entity issued an import writing any change in previously imported into the United States if such permit must report in writing to the submitted information other than a harvesting will meet or met the Assistant Administrator any changes in proposed change in the location, requirements of the Act and will not or previously submitted information. Any manner, or amount of harvesting within did not violate any conservation changes that would not result in a 15 days of the change. Based on such measure in force with respect to the change in the importation authorized by reported information, the Assistant United States under the Convention or the permit must be reported on the Administrator may revise the permit the Act or violate any of the regulations import ticket required to be submitted to effective upon notification to the permit in this subpart, including resource the Assistant Administrator no later holder. As soon as possible, the vessel management measures contained than 10 days after the date of owner or operator must revise any therein. A NMFS issued import permit importation. Any changes that would harvesting vessel certificate evidencing or copy thereof must accompany such result in a change in the importation the permit, accordingly. an import as proof that the foreign authorized by the permit, such as (ii) Requested changes in the location, harvested resources met such country of origin, type and quantity of manner, or amount of harvesting. Any requirements. Further, the importer is the resource to be imported, and changes in the manner or amount of required to complete and return to the Convention statistical subarea from harvesting must be proposed in writing Assistant Administrator, no later than which the resource was harvested, must to the Assistant Administrator and may 10 days after the date of the importation, be proposed in writing to the Assistant not be undertaken unless authorized by an import ticket reporting the Administrator and may not be the Assistant Administrator through a importation. However, in no event may undertaken unless authorized by the permit revision or issuance of a new a marine mammal be imported into the Assistant Administrator by a permit permit. If a requested change in the United States unless authorized and revision or new permit. location, manner, or amount of accompanied by an import permit (g) Revision, suspension, or harvesting could significantly affect the issued under the Marine Mammal revocation. An import permit may be status of any Antarctic marine living Protection Act and/or the Endangered revised, suspended, or revoked based resource, the Assistant Administrator Species Act. upon information subsequently will treat the requested change as an (2) A permit issued under this section reported, effective upon notification to application for a new permit and so does not authorize the harvest of any the permit holder. An import permit notify the holder. AMLRs. may be revised, suspended, or revoked, Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25465 based upon a violation of the permit, the (d) Ship, transport, offer for sale, sell, following requirements apply to this Act, or this subpart. Failure to report a purchase, import, export or have subpart. change in the information contained in custody, control or possession of, any (a) Access and records. (1) The an import permit application is a AMLR that he or she knows, or owners and operator of each harvesting violation of this subpart and voids the reasonably should have known, was vessel must provide authorized officers application or permit, as applicable. harvested in violation of a conservation and CCAMLR inspectors access to all Title 15 CFR part 904 governs permit measure in force with respect to the spaces where work is conducted or sanctions under this subpart. United States under article IX of the business papers and records are (h) Disposition of resources not Convention or in violation of any prepared or stored, including but not accompanied by required regulation promulgated under this limited to personal quarters and areas documentation. (1) When AMLRs are subpart, without regard to the within personal quarters. If inspection imported into the United States citizenship of the person that harvested, of a particular area would interfere with unaccompanied by a permit authorizing or vessel that was used in the harvesting specific on-going scientific research, import, the importer must either: of, the AMLR. and if the operator of the harvesting (i) Abandon the resources; (e) Refuse to allow any CCAMLR vessel makes such assertion and (ii) Waive claim to the resources; or inspector to board a vessel of the United produces an individual permit that (iii) Place the resources into a bonded States or a vessel subject to the covers that specific research, the warehouse and attempt to obtain a jurisdiction of the United States for the authorized officer or CCAMLR inspector permit authorizing their importation. purpose of conducting an inspection will not disturb the area, but will record (2) If, within 60 days of such authorized by the Act, this subpart, or the information pertaining to the denial resources being placed into a bonded any permit issued under the Act. of access. warehouse, the District Director of the (f) Refuse to provide appropriate (2) The owner and operator of each U.S. Customs Service receives assistance, including access as harvesting vessel must provide to documentation that import of the necessary to communications authorized officers and CCAMLR resources into the United States is equipment, to CCAMLR inspectors. inspectors all records and documents authorized by a permit, the resources (g) Refuse to sign a written pertaining to the harvesting activities of will be allowed entry. If documentation notification of alleged violations of the vessel, including but not limited to of a permit is not presented within 60 Commission measures in effect prepared production records, fishing logs, days, the importer’s claim to the by a CCAMLR inspector. navigation logs, transfer records, resources will be deemed waived. (h) Assault, resist, oppose, impede, product receipts, cargo stowage plans or (3) When resources are abandoned or intimidate, or interfere with a CCAMLR records, draft or displacement claim to them waived, the resources will inspector in the conduct of any boarding calculations, customs documents or be delivered to the Administrator of or inspection authorized by the Act, this records, and an accurate hold plan NOAA, or a designee, for storage or subpart, or any permit issued under the reflecting the current structure of the Act. disposal as authorized by law. vessel’s storage and factory spaces. (i) Use any vessel to engage in (3) Before leaving vessels that have § 300.114 Appointment of a designated harvesting after the revocation, or been inspected, the CCAMLR inspector representative. during the period of suspension, of an will give the master of the vessel a (a) All holders of permits authorizing applicable permit issued under the Act. Certificate of Inspection and a written fishing in subarea 48.3 must appoint a (j) Fail to identify, falsely identify, fail notification of any alleged violations of designated representative in the United to properly maintain, or obscure the Commission measures in effect and will States. identification of a harvesting vessel or afford the master the opportunity to (b) The designated representative will its gear as required by this subpart. comment on it. The ship’s master must be notified of closures under § 300.111 (k) Fish in a closed area. sign the notification to acknowledge (l) Trawl with a mesh size in any part and must transmit this information to receipt and the opportunity to comment of the trawl net smaller than that the vessel on the grounds. on it. allowed for any directed fishing for (c) The designated representative may (b) Reports by non-inspectors. All Antarctic finfishes as specified in receive catch reports from the vessel scientists, fishermen, and other non- management measures issued pursuant and transmit the reports to NMFS in inspectors present in the Convention to § 300.111. writing. area and subject to the jurisdiction of (m) Use any means or device that the United States are encouraged to § 300.115 Prohibitions. would reduce the size or obstruct the report any violation of Commission In addition to the prohibitions in opening of the trawl meshes specified in conservation and management measures § 300.4, it is unlawful for any person to: management measures issued pursuant observed in the Convention area to the (a) Reduce to possession or attempt to to § 300.111. Office of Ocean Affairs (CCAMLR (n) Possess fish in violation of the reduce to possession any AMLRs Violations), Department of State, Room catch limit specified in management without a permit for such activity as 5801, Washington, DC 20520. measures issued pursuant to § 300.111. (c) Storage of AMLRs. The operator of required by § 300.112. (o) Discard netting or other substances (b) Import into the United States any each harvesting vessel storing AMLRs in in the Convention Area in violation of AMLRs without either a permit to a storage space on board the vessel must § 300.109. import those resources as required by (p) Violate or attempt to violate any ensure that non-resource items are § 300.113 or a permit to harvest those provision of this subpart, the Act, any neither stowed beneath nor covered by resources as required by § 300.112. other regulation promulgated under the resource items, unless required to (c) Engage in harvesting or other Act or any permit issued under the Act. maintain the stability and safety of the associated activities in violation of the vessel. Non-resource items include, but provisions of the Convention or in § 300.116 Facilitation of enforcement and are not limited to, portable conveyors, violation of a conservation measure in inspection. exhaust fans, ladders, nets, fuel force with respect to the United States In addition to the facilitation of bladders, extra bin boards, or other under Article IX of the Convention. enforcement provisions of § 300.5, the moveable non-resource items. These 25466 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules non-resource items may be in a resource storage space when necessary for the safety of the vessel or crew or for the storage of the items. Lumber, bin boards, or other dunnage may be used for shoring or bracing of product to ensure the safety of crew and to prevent shifting of cargo within the space. § 300.117 Penalties. Any person or harvesting vessel found to be in violation of the Act, this subpart, or any permit issued under this subpart will be subject to the civil and criminal penalty provisions and forfeiture provisions prescribed in the Act, 15 CFR part 904, and other applicable laws.

BILLING CODE 3510±22±W Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25467 25468 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

BILLING CODE 3510±22±C Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25469

Subpart HÐVessels of the United § 300.123 Certificates and permits. revoked, suspended, or modified under States Fishing in Columbian Treaty (a) Applicability. An owner of a vessel subpart D of 15 CFR part 904. Waters of the United States that fishes in treaty (e) Transfer. A certificate and permit waters is required to obtain an annual issued under this section are not Authority: 16 U.S.C. 1801 et seq. certificate issued by the Republic of transferable or assignable. They are § 300.120 Purpose. Colombia and an annual vessel permit valid only for the fishing vessel and owner for which they are issued. This subpart implements fishery issued by the Regional Director. (f) Display. A certificate and permit conservation and management measures (b) Application for certificate/permit. issued under this section must be as provided in fishery agreements (1) An application for a permit must be carried aboard the fishing vessel while pursuant to the Treaty Between the submitted and signed by the vessel’s it is in treaty waters. The operator of a Government of the United States of owner. An application may be fishing vessel must present the America and the Government of the submitted at any time, but should be certificate and permit for inspection Republic of Colombia Concerning the submitted to the Regional Director not upon request of an authorized officer or Status of Quita Sueno, Roncador and less than 90 days in advance of its need. an enforcement officer of the Republic Serrana (TIAS 10120) (Treaty). Applications for the ensuing calendar year should be submitted to the of Colombia. § 300.121 Definitions. Regional Director by October 1. (g) Sanctions and denials. Procedures In addition to the terms defined in (2) An applicant must provide the governing enforcement-related permit § 300.2, the Magnuson Act, and § 600.10 following: sanctions and denials are found at of this title, and in the Treaty, the terms (i) A copy of the vessel’s valid USCG subpart D of 15 CFR part 904. used in this subpart have the following certificate of documentation or, if not (h) Alteration. A certificate or permit meanings. If a term is defined documented, a copy of its valid state that is altered, erased, or mutilated is differently in § 300.2, the Magnuson registration certificate. invalid. Act, or the Treaty, the definition in this (ii) Vessel name and official number. (i) Replacement. A replacement section shall apply. (iii) Name, address, telephone certificate or permit may be issued upon Conch means Strombus gigas. number, and other identifying request. Such request must clearly state Factory vessel means a vessel that information of the vessel owner or, if the reason for a replacement certificate processes, transforms, or packages the owner is a corporation or or permit. aquatic biological resources on board. partnership, of the responsible corporate (j) Change in application information. Lobster means one or both of the officer or general partner. The owner of a vessel with a permit must notify the Regional Director within following: (iv) Principal port of landing of fish 30 days after any change in the (1) Smoothtail lobster, Panulirus taken from treaty waters. application information required by laevicauda. (v) Type of fishing to be conducted in paragraph (b)(2) of this section. The (2) Spiny lobster, Panulirus argus. treaty waters. permit is void if any change in the Regional Director means the Director, (vi) Any other information concerning information is not reported within 30 Southeast Region, or a designee. the vessel, gear characteristics, principal days. Science and Research Director means fisheries engaged in, or fishing areas, as the Director, Southeast Fisheries specified on the application form. § 300.124 Recordkeeping and reporting. Science Center. (vii) Any other information that may Treaty waters means the waters of one (a) Arrival and departure reports. The be necessary for the issuance or or more of the following: operator of each vessel of the United (1) Quita Sueno, enclosed by latitudes administration of the permit, as States for which a certificate and permit 13°55′ N. and 14°43′ N. between specified on the application form. have been issued under § 300.123 must longitudes 80°55′ W. and 81°28′ W. (c) Issuance. (1) The Regional Director report by radio to the Port Captain, San (2) Serrana, enclosed by arcs 12 will request a certificate from the Andres Island, voice radio call sign nautical miles from the low water line Republic of Colombia if: ‘‘Capitania de San Andres,’’ the vessel’s of the cays and islands in the general (i) The application is complete. arrival in and departure from treaty area of 14°22′ N. lat., 80°20′ W. long. (ii) The applicant has complied with waters. Radio reports must be made on (3) Roncador, enclosed by arcs 12 all applicable reporting requirements of 8222.0 kHz or 8276.5 kHz between 8:00 nautical miles from the low water line § 300.124 during the year immediately a.m. and 12 noon, local time (1300– of Roncador Cay, in approximate preceding the application. 1700, Greenwich mean time) Monday position 13°35′ N. lat., 80°05′ W. long. (2) Upon receipt of an incomplete through Friday. application, or an application from a (b) Catch and effort reports. Each § 300.122 Relation to other laws. person who has not complied with all vessel of the United States must report (a) The relation of this subpart to applicable reporting requirements of its catch and effort on each trip into other laws is set forth in § 600.705 of § 300.124 during the year immediately treaty waters to the Science and this title and paragraph (b) of this preceding the application, the Regional Research Director on a form available section. Particular note should be made Director will notify the applicant of the from the Science and Research Director. to the reference in § 600.705 to the deficiency. If the applicant fails to These forms must be submitted to the applicability of title 46 U.S.C., under correct the deficiency within 30 days of Science and Research Director so as to which a Certificate of Documentation is the Regional Director’s notification, the be received no later than 7 days after the invalid when the vessel is placed under application will be considered end of each fishing trip. the command of a person who is not a abandoned. citizen of the United States. (3) The Regional Director will issue a § 300.125 Vessel identification. (b) Minimum size limitations for permit as soon as the certificate is (a) Official number. A vessel with a certain species, such as reef fish in the received from the Republic of Colombia. permit issued pursuant to § 300.123, Gulf of Mexico, may apply to vessels (d) Duration. A certificate and permit when in treaty waters, must display its transitting the EEZ with such species are valid for the calendar year for which official number on the port and aboard. they are issued, unless the permit is starboard sides of the deckhouse or hull, 25470 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules and on an appropriate weather deck, so (n) Fail to return immediately to the § 300.131 Conch harvest limitations. as to be clearly visible from an water unharmed a berried or undersized (a) Size limit. The minimum size limit enforcement vessel or aircraft. The lobster, as specified in § 300.132(a) and for possession of conch in or from treaty official number must be permanently (b). waters is 7.94 oz (225 g) for an affixed to or painted on the vessel and uncleaned meat and 3.53 oz (100 g) for § 300.127 Facilitation of enforcement. must be in block arabic numerals in a cleaned meat. contrasting color to the background at (a) The provisions of § 600.730 of this (b) Closed area. The treaty waters of least 18 inches (45.7 cm) in height for title and paragraph (b) of this section Quita Sueno are closed to the harvest or fishing vessels over 65 ft (19.8 m) in apply to vessels of the United States possession of conch. length, and at least 10 inches (25.4 cm) fishing in treaty waters. (c) Closed season. During the period in height for all other vessel. (b) The operator of, or any other July 1 through September 30 of each (b) Duties of operator. The operator of person aboard, any vessel of the United year, the treaty waters of Serrana and each fishing vessel must— States fishing in treaty waters must Roncador are closed to the harvest or (1) Keep the official number clearly immediately comply with instructions possession of conch. legible and in good repair. and signals issued by an enforcement (2) Ensure that no part of the fishing officer of the Republic of Colombia to § 300.132 Lobster harvest limitations. vessel, its rigging, fishing gear, or any stop the vessel and with instructions to (a) Berried lobsters. A berried (egg- other material aboard obstructs the view facilitate safe boarding and inspection of bearing) lobster in treaty waters may not of the official number from an the vessel, its gear, equipment, fishing be retained on board. A berried lobster enforcement vessel or aircraft. record, and catch for purposes of must be returned immediately to the water unharmed. A berried lobster may § 300.126 Prohibitions. enforcing this subpart. not be stripped, scraped, shaved, In addition to the general prohibitions § 300.128 Penalties. clipped, or in any other manner specified in § 600.725 of this title and Any person committing or fishing molested to remove the eggs. the prohibited acts specified in § 300.4, vessel used in the commission of a (b) Size limit. The minimum size limit it is unlawful for any person to do any violation of the Magnuson Act or any for possession of lobster in or from of the following: regulation issued under the Magnuson treaty waters is 5.5 inches (13.97 cm), (a) Fish in treaty waters without the Act, is subject to the civil and criminal tail length. Tail length means the certificate and permit aboard, or fail to penalty provisions and civil forfeiture measurement, with the tail in a straight, display the certificate and permit, as provisions of the Magnuson Act, to part flat position, from the anterior upper specified in § 300.123 (a) and (f). 600 of this title, to 15 CFR part 904, and edge of the first abdominal (tail) (b) Fail to notify the Regional Director to other applicable law. In addition, segment to the tip of the closed tail. A of a change in application information, Colombian authorities may require a lobster smaller than the minimum size as specified in § 300.123(j). vessel involved in a violation of this limit must be returned immediately to (c) Fail to report a vessel’s arrival in subpart to leave treaty waters. the water unharmed. and departure from treaty waters, as required by § 300.124(a). § 300.129 Fishing year. Subpart IÐUnited States-Canada (d) Falsify or fail to display and The fishing year for fishing in treaty Fisheries Enforcement maintain vessel identification, as waters begins on January 1 and ends on required by § 300.125. December 31. Authority: 16 U.S.C. 1801 et seq. (e) Fail to comply immediately with § 300.140 Purpose and scope. instructions and signals issued by an § 300.130 Vessel and gear restrictions. This subpart implements the enforcement officer of the Republic of (a) Factory vessels. Factory vessels are Colombia, as specified in § 300.127. Agreement Between the Government of prohibited from operating in treaty the United States of America and the (f) Operate a factory vessel in treaty waters. waters, as specified in § 300.130(a). Government of Canada on Fisheries (b) Monofilament gillnets. A (g) Use a monofilament gillnet in Enforcement executed at Ottawa, monofilament gillnet made from nylon treaty waters, as specified in Canada, on September 26, 1990 or similar synthetic material are § 300.130(b). (Agreement), allowing each party to the prohibited from being used in treaty (h) Use autonomous or semi- Agreement to take appropriate waters. autonomous diving equipment in treaty measures, consistent with international waters, as specified in § 300.130(c). (c) Tanks and air hoses. Autonomous law, to prevent its nationals, residents (i) Use or possess in treaty waters a or semiautonomous diving equipment and vessels from violating those lobster trap or fish trap without a (tanks or air hoses) are prohibited from national fisheries laws and regulations degradable panel, as specified in being used to take aquatic biological of the other party. This subpart applies, § 300.130(d). resources in treaty waters. except where otherwise specified in this (j) Possess conch smaller than the (d) Trap requirements. A lobster trap subpart, to all persons and all places (on minimum size limit, as specified in or fish trap used or possessed in treaty water and on land) subject to the § 300.131(a). waters that is constructed of material jurisdiction of the United States under (k) Fish for or possess conch in the other than wood must have an escape the Magnuson Act. This includes, but is closed area or during the closed season, panel located in the upper half of the not limited to, activities of nationals, as specified in § 300.131 (b) and (c). sides or on top of the trap that, when residents and vessels of the United (l) Retain on board a berried lobster or removed, will leave an opening no States (including the owners and strip eggs from or otherwise molest a smaller than the throat or entrance of operators of such vessels) within waters berried lobster, as specified in the trap. Such escape panel must be subject to the fisheries jurisdiction of § 300.132(a). constructed of or attached to the trap Canada as defined in this subpart, as (m) Possess a lobster smaller than the with wood, cotton, or other degradable well as on the high seas and in waters minimum size, as specified in material. subject to the fisheries jurisdiction of § 300.132(b). (e) Poisons and explosives. [Reserved] the United States. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25471

§ 300.141 Definitions. (a) Engage in fishing in waters subject (j) Make any false statement, oral or In addition to the terms defined in to the fisheries jurisdiction of Canada written, to an authorized officer of § 300.2 and those in the Magnuson Act without the express authorization of the Canada in response to any inquiry by and the Agreement, the terms used in Government of Canada. that officer in connection with this subpart have the following (b) Take or retain fish in waters enforcement of any applicable Canadian meanings. If a term is defined subject to the fisheries jurisdiction of fisheries law. differently in § 300.2, the Magnuson Canada without the express (k) Falsify, cover, or otherwise Act, or the Agreement, the definition in authorization of the Government of obscure, the name, home port, official this section applies. Canada. number (if any), or any other similar Applicable Canadian fisheries law (c) Be on board a fishing vessel in marking or identification of any fishing means any Canadian law, regulation or waters subject to the fisheries vessel subject to this subpart such that similar provision relating in any manner jurisdiction of Canada, without stowing the vessel cannot be readily identified to fishing by any fishing vessel other all fishing gear on board either: from an enforcement vessel or aircraft. than a Canadian fishing vessel in waters (1) Below deck, or in an area where (l) Attempt to do any of the foregoing. subject to the fisheries jurisdiction of it is not normally used, such that the Canada, including, but not limited to, gear is not readily available for fishing; § 300.143 Facilitation of enforcement. any provision relating to stowage of or (a) General. Persons aboard fishing fishing gear by vessels passing through (2) If the gear cannot readily be vessels subject to this subpart must such waters, and to obstruction or moved, in a secured and covered immediately comply with instructions interference with enforcement of any manner, detached from all towing lines, and/or signals issued by an authorized such law or regulation. so that it is rendered unusable for officer of the United States or Canada, Authorized officer of Canada means fishing; unless the vessel has been or by an enforcement vessel or aircraft, any fishery officer, protection officer, authorized by the Government of to stop the vessel, and with instructions officer of the Royal Canadian Mounted Canada to fish in the particular location to facilitate safe boarding and inspection Police, or other employee authorized by within waters subject to the fisheries for the purpose of enforcing any the appropriate authority of any jurisdiction of Canada in which it is applicable Canadian fisheries law, the national or provincial agency of Canada operating. Agreement, or this subpart. All of the to enforce any applicable Canadian (d) While on board a fishing vessel in provisions of § 300.5 regarding fisheries law. waters subject to the fisheries communications, boarding, and signals Canadian fishing vessel means a jurisdiction of Canada, fail to respond to apply to this subpart. For purposes of fishing vessel: any inquiry from an authorized officer (1) That is registered or licensed in this subpart, authorized officer in § 305 of Canada regarding the vessel’s name, means an authorized officer of the Canada under the Canada Shipping Act flag state, location, route or destination, and is owned by one or more persons United States or Canada. (See paragraph and/or the circumstances under which (b) of this section for specific each of whom is a Canadian citizen, a the vessel entered such waters. person resident and domiciled in requirements for complying with signals (e) Violate the Agreement, any Canada, or a corporation incorporated and instructions issued by an applicable Canadian fisheries law, or under the laws of Canada or of a authorized officer of Canada.) the terms or conditions of any permit, province, having its principle place of (b) Canadian signals. In addition to license or any other authorization business in Canada; or signals set forth in § 300.5, persons granted by Canada under any such law. (2) That is not required by the Canada aboard fishing vessels subject to this Shipping Act to be registered or (f) Fail to comply immediately with subpart must immediately comply with licensed in Canada and is not registered any of the enforcement and boarding the following signals by an authorized or licensed elsewhere but is owned as procedures specified in § 300.143. officer of Canada. described in paragraph (1) of this (g) Destroy, stave, or dispose of in any (1) Authorized officers of Canada use definition. manner, any fish, gear, cargo or other the following signals to require fishing Waters subject to the fisheries matter, upon any communication or vessels to stop or heave to: signal from an authorized officer of jurisdiction of Canada means the (i) The hoisting of a rectangular flag, Canada, or upon the approach of such internal waters, territorial sea, and the known as the International Code Flag an officer, enforcement vessel or zone that Canada has established, ‘‘L’’, which is divided vertically and aircraft, before the officer has had the extending 200 nautical miles from its horizontally into quarters and colored opportunity to inspect same, or in coasts, in which it exercises sovereign so that: rights for the purpose of exploration, contravention of directions from such an officer. (A) The upper quarter next to the staff exploitation, conservation and and the lower quarter next to the fly are management of living marine resources, (h) Refuse to allow an authorized officer of Canada to board a vessel for yellow; and to the extent recognized by the United (B) The lower quarter next to the staff States. the purpose of conducting any inspection, search, seizure, investigation and the upper quarter next to the fly are § 300.142 Prohibitions. or arrest in connection with the black; The prohibitions in this section apply enforcement of any applicable Canadian (ii) The flashing of a light to indicate within waters subject to the fisheries fisheries law. the International Morse Code letter ‘‘L’’, jurisdiction of Canada and during hot (i) Assault, resist, oppose, impede, consisting of one short flash, followed pursuit therefrom by an authorized intimidate, threaten, obstruct, delay, by one long flash, followed by two short officer of Canada. It is unlawful for any prevent, or interfere, in any manner, flashes (. – . .); or national or resident of the United States, with an authorized officer of Canada in (iii) The sounding of a horn or whistle or any person on board a vessel of the the conduct of any boarding, inspection, to indicate the International Morse Code United States, or the owner or operator search, seizure, investigation or arrest in letter ‘‘L’’, consisting of one short blast, of any such vessel, to do any of the connection with the enforcement of any followed by one long blast, followed by following: applicable Canadian fisheries law. two short blasts (. – . .). 25472 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

(2) Authorized officers of Canada use Fishery resource means any fish, any Union of Soviet Socialist Republics, and the following signals to require a fishing stock of fish, any species of fish, and that is the successor party to the vessel to prepare to be boarded: any habitat of fish. Agreement of May 31, 1988. (i) The hoisting of flags representing Fishing or to fish means any activity Russian fisheries, Russian fishery the International Code Flag ‘‘SQ3’’; or that does, is intended to, or can resources, or fishery resources over (ii) The flashing of a light, or the reasonably be expected to result in which Russia exercises sovereign rights sounding of a horn or whistle, to catching or removing from the water or fishery management authority means indicate the International Morse Code fishery resources. Fishing also includes fishery resources within the Russian EZ, Signal ‘‘SQ3’’ (. . . – – . – . . . – –). the acts of scouting, processing, and fishery resources of the Russian support. continental shelf, and anadromous § 300.144 Penalties and sanctions. Operator, with respect to any vessel, species that originate in the waters of Any person, any fishing vessel, or the means the master or other individual on Russia, whether found in the Russian owner or operator of any such vessel, board and in charge of either the vessel, EZ or beyond any exclusive economic who violates any provision of the the vessel’s fishing operation, or both. zone or its equivalent. Agreement or this subpart, is subject to Owner, with respect to any vessel, Scouting means any operation by a the civil and criminal fines, penalties, means any person who owns that vessel vessel exploring (on behalf of the vessel forfeitures, permit sanctions, or other in whole or in part, whether or not it is or another vessel) for the presence of sanctions provided in the Magnuson leased or chartered to or managed by fish by any means that do not involve Act, part 600 of this title, 15 CFR part another person, or any charterer, the catching of fish. 904 (Civil Procedures), and any other whether bareboat, time, or voyage, and Support means any operation by a applicable law or regulation. any person who acts in the capacity of vessel assisting fishing by another a charterer, or manager, including but vessel, including— Subpart JÐU.S. Nationals Fishing in not limited to parties to a management (1) Transferring or transporting fish or Russian Fisheries agreement, operating agreement, or any fish products; or similar agreement that bestows control (2) Supplying a fishing vessel with Authority: 16 U.S.C. 1801 et seq. over the destination, function, or water, fuel, provisions, fishing § 300.150 Purpose. operation of the vessel, any officer, equipment, fish processing equipment, or other supplies. This subpart regulates U.S. nationals director, manager, controlling shareholder of any entity described in fishing in the Russian fisheries and § 300.152 Procedures. this definition, any agent designated as implements the Agreement between the (a) Application for annual permits. Government of the United States of such by any person described in this definition, and any affiliate of any U.S. vessel owners and operators must America and the Government of the have a valid permit issued by the Union of Soviet Socialist Republics on person described in this definition. Processing means any operation by a Russian Federation obtained pursuant to Mutual Fisheries Relations, signed May vessel to receive fish from a fishing a complete application submitted 31, 1988. vessel and/or the preparation of fish, through NMFS before fishing in the § 300.151 Definitions. including but not limited to cleaning, Russian EZ or for Russian fishery resources. Application forms and copies In addition to the terms defined in cooking, canning, smoking, salting, drying, or freezing, either on the vessel’s of applicable laws and regulations of the § 300.2 and those in the Magnuson Act, Russian Federation may be obtained the terms used in this subpart have the behalf or to assist another vessel. Regional Director means Director, from NMFS Headquarters. following meanings. If a term is defined (b) Other application information. differently in § 300.2 or the Magnuson Alaska Region, or a designee. Relevant laws and regulations of the Applications for motherships, Act, the definition in this section shall Russian Federation means those processing or transport vessels must apply. Russian laws and regulations that identify the type of fishing gear to be Affiliates means two persons concern fishing for fishery resources employed or the fishing quotas if the (including individuals and entities) over which Russia exercises sovereign vessel has received or is requesting a related in such a way that— rights or fishery management authority. quota. To facilitate processing, NMFS (1) One indirectly or directly controls Russian and Federation mean the requests that permit applications for or has power to control the other; or Russian Federation, its government, or more than 10 vessels be grouped by type (2) A third party controls or has any organ or entity of its government. and fishing area, and provide the name, power to control both. Indicia of control Russian continental shelf or address, telephone, and FAX number(s) include, but are not limited to, continental shelf of Russia means the of an individual who will be the official interlocking management or ownership, seabed and subsoil of the submarine point of contact for an application. identity of interests among family areas over which, consistent with (c) Review of Applications. NMFS will members, shared facilities and international law, Russia exercises review each application, and, if it is equipment, common use of employees, sovereign rights. complete, forward it to the Department or a reorganized entity having the same Russian Economic Zone or Russian of State for submission to the competent or similar management, ownership, or EZ means a zone of waters off the coast authorities of the Russian Federation. employees as a former entity. of Russia beyond and adjacent to the NMFS will notify the permit applicant Agreement means the Agreement Russian territorial sea extending a when the permit is submitted to the Between the Government of the United distance of up to 200 nautical miles Russian Federation. NMFS will return States of America and the Government from the baseline from which the incomplete applications to the of the Union of Soviet Socialist territorial sea is measured, within applicant. Republics on Mutual Fisheries which, consistent with international (d) Direct Communication. U.S. Relations, signed May 31, 1988. law, Russia has sovereign rights over the applicants may communicate directly Embassy of the Russian Federation fishery resources. with the Russian Federation with regard means the Fisheries Attache of the Russian Federation or Russia means to the status of their applications or embassy located in Washington, D.C. the governing entity that succeeded the permits and are encouraged to do so. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25473

Owners and operators should make forfeitures in accordance with its laws, (2) Return Report (Action code direct contact and work with Russian for violations of its relevant laws or RETURN). At least 24 hours before a industry and government authorities. regulations. vessel that has been in the Russian EZ (2) In the case of arrest and seizure of enters the EEZ, NMFS must receive the § 300.153 Permit issuance. a U.S. vessel by Russian authorities, following information: (a) Acceptance. Once the Department notification will be given promptly (i) The date (month and day), time of State has accepted the conditions and through diplomatic channels informing (hour and minute GMT), and position restrictions proposed by the Russian the United States of the facts and (latitude and longitude to the nearest Federation and all fees have been paid, actions taken. degree and minute), at which the vessel the competent authorities of the Russian (3) The Russian Federation will will enter the EEZ. Federation will approve the application. release U.S. vessels and their crews (ii) The weight in metric tons (to the The Russian Federation will issue a promptly, subject to the posting of nearest hundredth of a metric ton) of all permit to the vessel owner for each reasonable bond or other security. fish and fish products (listed by species fishing vessel for which it has approved (4) The sanctions for violations of and product codes) on board the vessel an application. That vessel will limitations or restrictions on fishing at the time it will enter the EEZ, and the thereupon be authorized by the Russian operations will be appropriate fines, areas (Russian EZ, U.S. EEZ, or other) in Federation to fish in accordance with penalties, forfeitures, or revocations or which such fish products were the Agreement and the terms and suspensions of fishing privileges. harvested or received. conditions set forth in the permit. The § 300.154 Recordkeeping and reporting. (3) All reports must specify: The vessel owner is prohibited from appropriate action code (‘‘DEPART’’ or transferring the permit to any other (a) General. The owner and operator ‘‘RETURN’’); the vessel’s name and vessel or person. Any such transfer, or of a vessel subject to this subpart are international radio call sign (IRCS); the responsible for complying with all the sale or other transfer of the vessel, sender’s name and telephone number, recordkeeping and reporting will immediately invalidate the permit. and FAX, TELEX, and COMSAT requirements in this part in a timely and The vessel owner must notify NMFS of numbers; the date (month and day) and accurate manner. Reports and records any change in the permit application time (hour and minute GMT) that the required by this subpart must be in information submitted to NMFS report is submitted to NMFS; and the English, in the formats specified, and Headquarters under § 300.152 within 7 intended date and U.S. port of landing. unless otherwise specified, based on calendar days of the change. A list of species and product codes may (b) Copies. The vessel owner and Greenwich mean time (GMT). (b) Vessel permit abstract report. (1) be obtained from the Regional Director. operator must mail a copy of each (d) Recordkeeping. The owner and The owner and operator of a vessel permit and any conditions and operator of a vessel subject to this subject to this subpart must submit to restrictions issued for that vessel by the subpart must retain all copies of all NMFS Headquarters a permit abstract Russian Federation within 7 calendar reports required by this subpart on report containing the following days of its receipt to NMFS board the vessel for 1 year after the end information: Headquarters. of the calendar year in which the report (c) Validity. Any permit issued by the (i) Vessel name. (ii) Russian Federation permit was generated. The owner and operator Russian Federation with respect to a number. must retain and make such records vessel subject to this subpart will be (iii) Duration of permit (e.g., 1/1/91– available for inspection upon the deemed to be a valid permit only if: 12/31/91). request of an authorized officer at any (1) A completed permit application (iv) Authorized areas of fishing time for 3 years after the end of the has been forwarded to the competent operations in geographic coordinates. calendar year in which the report was authorities of the Russian Federation as (v) Authorized catch quota in tons. generated, whether or not such records provided in § 300.152(b)(1). (vi) Authorized fishing gear. on board the vessel. (2) Such application has been (vii) Type of permit (e.g., catcher). approved and a permit issued by the (2) The report must be telefaxed to § 300.155 Requirements. competent authorities of the Russian (301) 713–0596 within 5 calendar days (a) Compliance with permit Federation as provided in paragraph (a) of receipt of the Russian permit. requirements. (1) U.S. nationals and of this section. (c) Activity reports. The owner and vessels subject to this subpart must have (3) The U.S. Department of State has operator of a vessel subject to this a valid permit, as specified in notified the competent authorities of the subpart must submit to the Regional § 300.153(c) in order to fish for Russian Russian Federation that it has accepted Director by telefax to (907) 586–7313, fishery resources. the conditions and restrictions as the following reports: (2) U.S. nationals and vessels subject provided in paragraph (a) of this (1) Depart Report (Action code to this subpart that are fishing for section. The permit will be rendered DEPART). At least 24 hours before the Russian fishery resources must comply invalid by: The transfer or sale of the vessel departs from the EEZ for the with all provisions, conditions, and permit specified in paragraph (a) of this Russian EZ, NMFS must receive the restrictions of any applicable permit. section; the failure to submit to NMFS following information: (b) Compliance with Russian law. U.S. any changes in permit application (i) The date (month and day), and nationals and vessels fishing for Russian information as required by paragraph (a) time (hour and minute GMT), and fishery resources must comply with the of this section; failure to submit to position (latitude and longitude to the relevant laws and regulations of the NMFS any permit copy required by nearest degree and minute), at which Russian Federation. paragraph (b) of this section or any other the vessel will depart the EEZ for the (c) Protection of marine mammals. information or report required by any Russian EZ. U.S. nationals and vessels fishing for other provision of this subpart; or the (ii) The weight in metric tons (to the Russian fishery resources may not failure to pay required permit fees. nearest hundredth of a metric ton) of all harass, hunt, capture, or kill any marine (d) Russian-imposed sanctions. (1) fish and fish product (listed by species mammal within the Russian EZ, attempt The Russian Federation will impose and product codes) on board the vessel to do so, except as may be provided for appropriate fines, penalties, or at the time it will depart the EEZ. by an international agreement to which 25474 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules both the United States and Russia are (4) Reimburse the Russian Federation parts thereof taken or retained, landed, parties, or in accordance with specific for the costs of providing an observer purchased, sold, traded, acquired, or authorization and controls established aboard the vessel. possessed, in any manner, in violation by the Russian Federation. The of the relevant laws and regulations of provisions of the Marine Mammal § 300.156 Prohibited acts. the Russian Federation, the Magnuson Protection Act (MMPA), 16 U.S.C. 1361 In addition to the prohibited acts Act, or this subpart. et seq. also apply to any person or vessel specified at § 300.4, it shall be unlawful (n) To enter the Russian EZ to fish subject to the jurisdiction of the United for any U.S. national or vessel, or the unless a permit application has been States while in the Russian EZ, and it owner or operator of any such vessel: submitted through NMFS to the shall not be a defense to any violation (a) To fish for Russian fishery competent authorities of the Russian of the MMPA that the person or vessel resources without a valid permit issued Federation by the U.S. Department of was acting in accordance with any by the competent authorities of the State for such vessel as provided in this permit or authorization issued by the Russian Federation. subpart. Russian Federation. (b) To violate the provisions, (o) To fish for Russian fisheries or to conditions, and restrictions of an (d) Cooperation with enforcement possess fish taken in Russian fisheries applicable permit. procedures. (1) The operator of, or any on board a vessel subject to this subpart (c) To violate the relevant laws and person aboard, any U.S. vessel subject to without a valid permit or other valid regulations of Russia. this subpart must immediately comply form of authorization issued by the (d) To harass, hunt, capture, or kill competent authorities of the Russian with instructions and signals issued by any marine mammal within the Russian an authorized officer of the Russian Federation on board the vessel. EZ, or while fishing for Russian fishery (p) To falsify, or fail to report to Federation to stop the vessel and with resources, except as provided in instructions to facilitate safe boarding NMFS, any change in the information § 300.155(c). contained in a permit application and inspection of the vessel, its gear, (e) To fail to comply immediately equipment, fishing record, and catch for subject to this subpart within 7 calendar with enforcement and boarding days of such change. purposes of enforcing the relevant laws procedures specified in § 300.155(d). and regulations of Russia. (q) To attempt to do, cause to be done, (f) To refuse to allow an authorized or aid and abet in doing, any of the (2) The operator of, and any person officer of the Russian Federation to foregoing. aboard, any U.S. vessel subject to this board and inspect a vessel subject to (r) To violate any other provision of subpart, must comply with directions this subpart for purposes of conducting this subpart. issued by authorized officers of the any search, inspection, arrest, or seizure Russian Federation in connection with in connection with the enforcement of § 300.157 Penalties. the seizure of the vessel for violation of the relevant laws and regulations of the In addition to any fine, penalty, or the relevant laws or regulations of the Russian Federation. forfeiture imposed by the Russian Russian Federation. (g) To assault, resist, oppose, impede, Federation, nationals and vessels of the (3) U.S. nationals and vessels subject intimidate, threaten, or interfere with, in United States violating the prohibitions to this subpart must pay all fines and any manner, any authorized officer of of § 300.156 are subject to the fines, penalties and comply with forfeiture the Russian Federation in the conduct of penalties, and forfeitures and the sanctions imposed by the Russian any search, inspection, seizure, or arrest adjudicative procedures provided in the Federation for violations of its relevant in connection with enforcement of the Magnuson Act, 16 U.S.C. 1858, 1860, laws and regulations. relevant laws and regulations of the 1861, and any other applicable laws and (4) The operator of, and any person Russian Federation. regulations of the United States. aboard, any U.S. vessel subject to this (h) To fail to pay fines or penalties or subpart must immediately comply with comply with forfeitures imposed for a Subpart KÐTransportation and instructions and signals issued by an violation of the relevant laws and Labeling of Fish or Wildlife regulations of the Russian Federation. authorized officer of the United States to Authority: 16 U.S.C. 3371–3378. stop the vessel and with instructions to (i) To refuse or fail to allow a Russian facilitate safe boarding and inspection of observer to board a vessel subject to this § 300.160 Requirement for marking of the vessel, its gear, equipment, fishing subpart while fishing in the Russian EZ, containers or packages. records, and catch for purposes of or for Russian fishery resources. Except as otherwise provided in this enforcing the Magnuson Act, the (j) To fail to provide to a Russian subpart, all persons are prohibited from Agreement, and this subpart. observer aboard a vessel fishing in the importing, exporting, or transporting in (e) Compliance with observer Russian EZ or for Russian fishery interstate commerce any container or requirements. The owner of, operator of, resources, the courtesies and package containing any fish or wildlife and any person aboard, any U.S. vessel accommodations provided to ship’s (including shellfish) unless each fishing in the Russian EZ or for Russian officers. container or package is conspicuously (k) To assault, resist, oppose, impede, fishery resources to which a Russian marked on the outside with both the intimidate, threaten, interfere with, observer is assigned must— name and address of the shipper and harass, or fail to cooperate, in any consignee and an accurate list of its (1) Allow and facilitate, on request, manner, with a Russian observer placed boarding of a U.S. vessel by the contents by species and number of each aboard a vessel subject to this subpart. species. observer. (l) To fail to reimburse the Russian (2) Provide to the observer, at no cost Federation for the costs incurred in the § 300.161 Alternatives and exceptions. to the observer or the Russian utilization of Russian observers placed (a) The requirements of § 300.160 may Federation, the courtesies and aboard such vessel. be met by complying with one of the accommodations provided to ship’s (m) To possess, have custody or following alternatives to the marking officers. control of, ship, transport, offer for sale, requirement: (3) Cooperate with the observer in the sell, purchase, transship, import, export, (1)(i) Conspicuously marking the conduct of his or her official duties. or traffic in any manner, any fish or outside of each container or package Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25475 containing fish or wildlife with the under authority of part 14 of this title. (ii) The fish or wildlife is otherwise word ‘‘fish’’ or ‘‘wildlife’’ as appropriate For each shipment marked in packaged and marked in accordance for its contents, or with the common accordance with this paragraph (a)(2), with this subpart. name of its contents by species, and the records maintained under § 14.93(d) (b) The requirements of § 300.160 do (ii) Including an invoice, packing list, of this title must include a copy of the not apply to containers or packages bill of lading, or similar document to invoice, packing list, bill of lading, or containing— accompany the shipment that accurately other similar document that accurately (1) Fox, nutria, rabbit, mink, states the name and address of the states the information required by chinchilla, marten, fisher, muskrat, and shipper and consignee, states the total paragraph (a)(1)(ii) of this section. karakul that have been bred and born in number of packages or containers in the (3) In the case of subcontainers or captivity, or their products, if a signed shipment, and for each species in the packages within a larger packing statement certifying that the animals shipment specifies: The common name container, only the outermost container were bred and born in captivity that identifies the species (examples must be marked in accordance with this accompanies the shipping documents; include: chinook (or king) salmon; section, provided, that for live fish or (2) Fish or shellfish contained in retail bluefin tuna; and whitetail deer); and wildlife that are packed in consumer packages labeled pursuant to the number of that species (or other subcontainers within a larger packing the Food, Drug and Cosmetic Act, 21 appropriate measure of quantity such as container, if the subcontainers are U.S.C. 301 et seq.; or gross or net weight). The invoice, numbered or labeled, the packing list, (3) Fish or shellfish that are landed packing list, bill of lading, or equivalent invoice, bill of lading, or other similar by, and offloaded from, a fishing vessel document must be securely attached to document, must reflect that number or (whether or not the catch has been the outside of one container or package label. carried by the fishing vessel interstate), in the shipment or otherwise physically as long as the fish or shellfish remain at accompany the shipment in a manner (4) A conveyance (truck, plane, boat, the place where first offloaded. that makes it readily accessible for etc.) is not considered a container for inspection; or purposes of requiring specific marking PART 695Ð[REMOVED] (2) Affixing the shipper’s wildlife of the conveyance itself, provided that: 3. Under the authority of 16 U.S.C. import/export license number preceded (i) The fish or wildlife within the 1801 et seq., 50 CFR part 695 is by ‘‘FWS’’ on the outside of each conveyance is carried loosely or is removed. container or package containing fish or readily identifiable, and is accompanied wildlife if the shipper has a valid by the document required by paragraph [FR Doc. 96–12447 Filed 5–15–96; 5:02 pm] wildlife import/export license issued (a)(1)(ii) of this section; or BILLING CODE 3510±22±W 25477

Notices Federal Register Vol. 61, No. 99

Tuesday, May 21, 1996

This section of the FEDERAL REGISTER pipeline design for pipeline protection, existing and proposed hiking and biking contains documents other than rules or systems and pipe monitoring, and trails; public safety; anticipated future proposed rules that are applicable to the emergency control. The pipeline would adjacent resident, commercial, and public. Notices of hearings and investigations, operate at a maximum pressure of 1,440 business developments; and others. committee meetings, agency decisions and psi and has a minimum operating life of Alternatives may include adjustments to rulings, delegations of authority, filing of petitions and applications and agency 25 years. No pump stations are the proposed right-of-way, various statements of organization and functions are proposed to be built within this pipeline approaches to construction and examples of documents appearing in this segment. Initial pipeline capacity is reclamation, exploring other section. proposed to be 55,000 barrels per day transportation means such as increasing with the capability of increasing capacity in existing lines, and no action. capacity to 70,000 barrels per day by No action would preclude construction DEPARTMENT OF AGRICULTURE adding a future pump to an existing line of the proposed pipeline across National near Coalville, Utah. The pipeline Forest System lands. Forest Service parallels existing utility rights-of-way In order to construct and operate the for most of its length. AREPI has line, other permits, rights-of-way, or Notice of Intent To Prepare an proposed initiation of construction in regulatory approvals would have to be Environmental Impact Statement late summer of 1997. obtained by the proponent from private SUMMARY: The Forest Service will Most of the proposed pipeline right- and public landowners, and local prepare an environmental impact of-way lies within municipal governments including the State of statement on a proposal to construct, watersheds of northern Utah’s Wasatch Utah, Summit County, Salt Lake operate, and maintain a petroleum Mountains and within the boundaries of County, Salt Lake City, and the City of pipeline across National Forest System the Wasatch-Cache National Forest. In North Salt Lake. Public agencies with lands. addition to Forest Service approvals, a regulatory authority over pipeline DATES: Comments concerning the scope number of local and state governmental construction and approval have of the analysis should be received in agencies would be involved in specifically been invited by the Forest writing by June 21, 1996. permitting or regulating pipeline Service to participate in the NEPA construction and right-of-way process. ADDRESSES: Send written comments to reclamation and maintenance. The public is invited to submit Michael Sieg, District Ranger, 6944 The Forest Service’s decisions are comments or suggestions to the address South 3000 East, Salt Lake City, Utah whether or not to issue Special Use above. The responsible official is Bernie 84121. Permits for the long-term operations and Weingardt, Forest Supervisor. A draft FOR FURTHER INFORMATION CONTACT: short-term construction rights-of-way on EIS is anticipated to be filed in Nancy Krebs, Project Leader, (801) 943– National Forest System lands as December 1996 and the final EIS filed 2763. proposed, with modifications, or not at in May 1997. SUPPLEMENTARY INFORMATION: Anschutz all taking into consideration the The comment period on the draft Ranch East Pipeline, Inc. (AREPI) has cumulative environmental effects of the environmental impact statement will be proposed construction of a 10-inch pipeline over its entire 27 miles. 45 days from the date the petroleum pipeline form Kimball The public scoping process will close Environmental Protection Agency’s Junction in Summit County, Utah to June 24. Scoping Notices describing the notice of availability appears in the North Salt Lake in Davis County, Utah. proposal, preliminarily identified Federal Register. It is very important The proposed buried pipeline would be issues, the Forest Service decision to be that those interested in the proposed approximately 27 miles long with about made, interests of other local and state action participate at that time. To be the nine miles of the pipeline on National government agencies, and opportunities most helpful, comments on the draft Forest System lands in Salt Lake for public participation was mailed on environmental impact statement should County, Utah. The purpose of the May 20 to over 600 individuals, be as specific as possible and may pipeline is to provide additional crude organizations, and agencies. Public address the adequacy of the statement or oil transportation capacity to five Salt scoping meetings will be held May 30 the merits of the alternatives discussed Lake area oil refineries. This new crude at the Burns Fire Hall, 700 West Bitner (see the Council on Environmental pipeline would transport Canadian Road, at Kimball Junction in Summit Quality Regulations for implementing crude that would arrive at Kimball County and on June 12 at the Read the procedural provisions of the Junction through a series of existing and Auditorium in Orson Spencer Hall, National Environmental Policy Act 40 proposed interstate and intrastate Central Campus Driver, the University CFR 1503.3). pipelines. It is also AREPI’s intent to of Utah, Salt Lake City, Utah. Both In addition, Federal court decisions install fiber optic cable in the pipeline meetings begin at 6:30 p.m. have established that reviews of the trench both for pipeline communication Preliminarily identified issues draft environmental impact statements purposes and for future commercial sale include potential effects to the must structure their participation in the of excess fiber optic capacity. watershed, surface water quality, and environmental review of the proposal so Pipe corrosion protection, a culinary water supplies; terrestrial and that it is meaningful and alerts an communication system, pig launchers aquatic plant and animal species and agency to the reviews’ position and and receivers, test leads, mainline their habitats; cultural and historic contentions. Vermont Yankee Nuclear sectionalizing valves and various check resources; open space and visual Power Corp. v. NRDC, 435 U.S. 519, 553 valves are incorporated into the initial quality; public use areas and parks; (1978). Environmental objections that 25478 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices could have been raised at the draft stage addressed to Ted Beauvais, Cooperative DEPARTMENT OF COMMERCE may be waived if not raised until after Forestry Staff, at (202) 205–1190. completion of the final environmental Bureau of the Census SUPPLEMENTARY INFORMATION: Section impact statement. City of Angoon v. 1217 of Title XII of the Food, Hodel, (9th Circuit, 1986) and The American Community Survey Agriculture, Conservation and Trade Wisconsin Heritages, Inc. v. Harris, 490 (ACS) Act of 1990 (104 Stat. 3526) and the F.Supp. 1334, 1338 (E.D. Wis. 1980). Federal Agricultural Improvement and ACTION: Proposed agency information The reason for this is to ensure that Reform Act of 1996 authorize the collection activity; comment request. substantive comments and objections Secretary of Agriculture to provide a are made available to the Forest Service SUMMARY: The Department of Federal grant to a designated State at a time when it can meaningfully Commerce, as part of its continuing agency for carrying out the Forest consider them and respond to them in effort to reduce paper work and Legacy Program. The purpose of the the final. respondent burden, invites the general Federal grant is to provide Optional public and other Federal agencies to Dated: May 14, 1996. State Grants to States for the acquisition take this opportunity to comment on Robert Cruz, of environmentally important private proposed and/or continuing information Environmental Coordinator. lands and interests in the lands with collections, as required by the [FR Doc. 96–12661 Filed 5–20–96; 8:45 am] title to the land vested in the State. Paperwork Reduction Act of 1995, BILLING CODE 3410±11±M Under section 7(a) of the Cooperative Public Law 104–13 (44 U.S.C. Forestry Assistance Act (16 U.S.C. 3506(c)(2)(A)). 2103c(c)), the Secretary of Agriculture DATES: Written comments must be Revised Forest Legacy Program continues to have authority to acquire submitted on or before July 22, 1996. Guidelines from willing landowners, ADDRESSES: Direct all written comments environmentally important forest lands to Linda Engelmeier, Acting AGENCY: Forest Service, USDA. and interests therein for Federal Departmental Forms Clearance Officer, ACTION: Notice of availability; request acquisition. for comment. Department of Commerce, Room 5327, The revised Forest Legacy Program 14th and Constitution Avenue NW., guidelines are divided into three parts: SUMMARY: The Cooperative Forestry Washington, DC 20230. Assistance Act of 1978 (CFAA) Part 1—General Program Guidelines: FOR FURTHER INFORMATION CONTACT: authorizes a Forest Legacy Program, the Program direction applicable to all Requests for additional information or purpose of which is to identify and aspects of the Forest Legacy Program. copies of the information collection protect environmentally important Part 2—Federal Acquisition Program instruments(s) and instructions should private forest lands that may be Guidelines: Program direction be directed to Lawrence S. McGinn, threatened by conversion to non-forest applicable to States and Forest Service Bureau of the Census, Room 2A, Silver uses. The Federal Agricultural units selecting the Federal acquisition Hill Executive Plaza, Washington, DC Improvement and Reform Act of 1996 and ownership process, where 20233–8400, (301) 763–8327. amended the CFAA to provide for ownership of lands or interests in lands SUPPLEMENTARY INFORMATION: Optional State Grants to States is vested in the United States. requesting funding support to carry out I. Abstract Part 3—State Grant Program the Program. The Forest Service hereby Guidelines: Program direction The Census Bureau is authorized to gives notice of the availability of revised applicable to States and Forest Service conduct surveys necessary to furnish guidelines for implementing the units where the State has elected the current data on subjects covered by the revisions to the Forest Legacy Program State grant option and acquisitions major census authorized by Title 13, in Fiscal Year 1996 and requests result in State ownership. United States Code. The data from the comments. ACS will determine the feasibility of a The guidelines are for the use of DATES: Comments must be received in continuous measurement system that writing on or before June 20, 1996. agencies, State Forest Stewardship provides socioeconomic data on a Coordinating Committees, and the continual basis throughout the decade ADDRESSES: Send written comments to Forest Service in implementing the for small areas and small Director, Cooperative Forestry Staff, Forest Legacy Program nationwide. subpopulations. Forest Service, USDA, P.O. Box 96090, The American Community Survey, Washington, D.C. 20090–6090, via FAX The revised implementation implemented in November 1995, is a at (202) 205–1271, or via the INTERNET guidelines are available for review and continuing full-scale operation of a (ASCII only) at /s=cf/oul=w01c@mhs- comment by the Governors through continuous measurement system in four fswa.attmail.com. State forestry agencies and to land trusts, conservation organizations, forest survey sites—Fulton County, FOR FURTHER INFORMATION CONTACT: industry groups, landowners, and other Pennsylvania; Rockland County, New Single copies of the guidelines for organizations interested in the Forest York; Brevard County, Florida; and implementing the Forest Legacy Legacy Program. Those entities Multnomah County, Oregon, including Program may be obtained by writing the currently on the Forest Legacy Program the city of Portland. The survey also Director, Cooperative Forestry Staff, mailing list maintained by the Forest includes a national sample to test Forest Service, USDA, P.O. Box 96090, Service will receive direct notice of the response rates and our ability to obtain Washington, D.C. 20090–6090, via FAX revised guidelines. telephone numbers for nonresponse at (202) 205–1271, or by calling (202) households. The data collected in this Dated: May 15, 1996. 205–1389. Information may also be survey will be within the general scope requested by E-Mail (ASCII only) at Jerry A. Sesco, and nature of those inquiries covered in /s=cf/oul=w01c@mhs=fswa.attmail.com. Acting Chief. the decennial census every ten years. Questions about the revised Forest [FR Doc. 96–12732 Filed 5–20–96; 8:45 am] We plan to continue sampling and Legacy Program Guidelines may be BILLING CODE 3410±11±M enumeration in the American Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25479

Community Survey in 1997 and 1998. use of automated collections techniques • First and most important, it We also plan to add testing of or others forms of information provides sampling populations and procedures for identification, sampling, technology. enumeration lists for the Census and data collection for special Comments submitted in response to Bureau’s economic surveys and populations, i.e. American Indian this notice will be summarized and/or censuses, and it serves as an integral reservations, military bases, college included in the request for OMB part of the statistical foundation dormitories, and institutional group approval of this information collection; underlying those programs. Essential for quarters such as hospitals. they also will become a matter of public this purpose is the SSEL’s ability to The American Community Survey record. identify all known United States will include a national sample, the business establishments and their Dated: May 15, 1996. present survey sites, and additional sites parent enterprises. Further, the SSEL in Douglas County, Nebraska; Otero Linda Engelmeier, must accurately record basic business County, New Mexico; Harris and Fort Acting Departmental Forms Clearance attributes needed to control sampling Bend Counties, Texas; and Franklin Officer, Office of Management and and enumeration. These attributes Organization. County, Ohio, including the entire city include industrial and geographic of Columbus. (FR Doc. 96–12667 Filed 5–20–96; 8:45 a.m.) classifications, measures of size and BILLING CODE 3510±07±P economic activity, ownership II. Method of Collection characteristics, and contact information In the urban areas, the Census Bureau (for example, name and address). will mail questionnaires to the Company Organization Survey • Second, it provides establishment households covered by the American ACTION: Proposed agency information data that serve as the basis for the Community Survey and request a collection activity; comment request. annual County Business Patterns (CBP) response as soon as possible after statistical series. CBP reports present receipt. In the rural sites where city- SUMMARY: The Department of data on number of establishments, first style addresses are not available, Field Commerce, as part of its continuing quarter payroll, annual payroll, and Representatives will deliver the effort to reduce paperwork and mid-March employment summarized by questionnaires to the household. For respondent burden, invites the general industry and employment size class for those households not returning the public and other Federal agencies to the United States, states, the District of questionnaire, we will collect take this opportunity to comment on Columbia, Puerto Rico, counties, and household information by both proposed and/or continuing information county-equivalents. No other annual or telephone interview and personal visit. collections, as required by the more frequent series of industry Participation of the selected households Paperwork Reduction Act of 1995, statistics provides comparable detail, will be mandatory in accordance with Public Law 104–13 (44 U.S.C. particularly for small geographic areas. the provisions of Title 13. 3506(c)(2)(A)). The Census Bureau plans to revise the existing COS collection, which is III. Data DATES: Written comments must be approved through November 1997. This submitted on or before July 22, 1996. OMB Number: 0607–0810. revision will not make substantive Form Number: TACS–1/1A, TACS– ADDRESSES: Direct all written comments changes to the survey’s content. Rather, 10/10A, TACS–12(L)/12A(L), TACS– to Linda Engelmeier, Acting it will amend instructions and add 13(L)/13A(L), TACS–14(L)/14A(L), Departmental Forms Clearance Officer, relatively short reference lists for TACS–15(L), TACS–16(L), TACS–20/ Department of Commerce, Room 5327, respondents to use as guides when 20A, TACS–30/30A. 14th and Constitution Avenue, NW, reporting updated industrial Type of Review: Regular. Washington, DC 20230. classifications for selected Affected Public: Individuals or FOR FURTHER INFORMATION CONTACT: establishments. These changes will households. Requests for additional information or improve collection of classification Estimated Number of Respondents: copies of the information collection information and obtain industry detail 135,000. instrument and instructions should be that is needed to prepare for Estimated Time Per Response: 30 directed to Paul S. Hanczaryk, Bureau of implementation of the North American minutes. the Census, Room 2546, Federal Industry Classification System in the Estimated Total Annual Burden Building 3, Washington, DC 20233– 1997 Economic Censuses. The revised Hours: 67,500 hours. 6100; telephone (301) 457–2580. collection will employ procedures that Estimated Total Annual Cost: $19.5 the Census Bureau tested and used for million. SUPPLEMENTARY INFORMATION: the 1987 COS, when the agency implemented the most recent revision to IV. Request for Comments I. Abstract the Standard Industrial Classification in Comments are invited on: (a) Whether The Census Bureau conducts the conjunction with the 1987 Economic the proposed collection of information annual Company Organization Survey Censuses. is necessary for the proper performance (COS) in order to update and maintain The planned change in the 1996 COS of the functions of the agency, including a central, multipurpose business collection will affect reporting for some whether the information shall have register, known as the Standard 120,000 establishments operated by practical utility; (b) the accuracy of the Statistical Establishment List (SSEL). In approximately 30,000 agency’s estimate of the burden particular, the COS supplies critical multiestablishment enterprises. The (including hours and cost) of the information to the SSEL concerning the impact on response burden for those proposed collection of information; (c) establishment composition, enterprises should be small, and overall ways to enhance the quality, utility and organizational structure, and operating estimated response burden for the clarity of the information to be characteristics of multiestablishment survey will actually decrease. The collected; and (d) ways to minimize the enterprises. decrease is due primarily to a reduction burden of the collection of information The SSEL serves two fundamental in panel size made possible by on respondents, including through the purposes: improved methodology for selectively 25480 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices targeting the collection to enterprises Type of Review: Regular submission. pertaining to federal computer systems. affected by changes in organization and/ Affected Public: Businesses or other All sessions will be open to the public. or operating characteristics. for-profit institutions, not-for-profit DATES: The meeting will be held on June A complementary collection, the 1997 institutions. 12 and 13, 1996 from 9:00 a.m. to 5:00 Economic Censuses Refile Classification Estimated Number of Respondents: p.m. Survey, will obtain improved 85,000 enterprises. ADDRESSES: The meeting will take place classification information from single- Estimated Time Per Response: 1.7 at the National Institute of Standards establishment enterprises and from hour. and Technology, Gaithersburg, Estimated Total Annual Burden selected small multiestablishment Maryland 20899–0001. enterprises not covered by the 1996 Hours: 144,500. COS. The Census Bureau will Estimated Total Annual Cost: AGENDA: coordinate these collections so as to Included in the total annual cost of the —Welcome and Overview —Issues Update avoid duplication and minimize SSEL, which is estimated to be $6.1 —Encryption Update response burden on businesses. million for fiscal year 1996. —Privacy Update II. Method of Collection IV. Request for Comments —Fingerprint Identification Briefing The 1996 COS will direct inquiries to —Pending Business Comments are invited on: (a) Whether —Public Participation 85,000 multiestablishment enterprises, the proposed collection of information —Agenda development for September which operate 1.1 million is necessary for the proper performance meeting establishments. This panel will be of the functions of the agency, including —Wrap-up. drawn from the SSEL universe of nearly whether the information shall have PUBLIC PARTICIPATION: The Board agenda 200,000 multiestablishment enterprises, practical utility; (b) the accuracy of the will include a period of time, not to which operate 1.5 million agency’s estimate of the burden exceed thirty minutes, for oral establishments. Additionally, the panel (including hours and cost) of the comments and questions from the will include approximately 1,000 new proposed collection of information; (c) public. Each speaker will be limited to payroll tax entities that have become ways to enhance the quality, utility, and five minutes. Members of the public active during 1996. The procedure for clarity of the information to be who are interested in speaking area constructing the COS panel selectively collected; and (d) ways to minimize the asked to contact the Board Secretariat at targets enterprises that are most likely to burden of the collection of information the telephone number indicated below. report changes in organization and/or on respondents, including through the In addition, written statements are operating characteristics, and it also use of automated collection techniques invited and may be submitted to the targets new payroll tax entities that are or other forms of information Board at any time. Written statements most likely to report affiliation with a technology. should be directed to the Computer multiestablishment enterprise. In Comments submitted in response to Systems Laboratory, Building 820, general, the selection of these units is this notice will be summarized and/or Room 426, National Institute of based on enterprise size/complexity and included in the request for OMB Standards and Technology, administrative records indications. approval of this information collection; Gaithersburg, MD 20899–0001. It would Additionally, the panel will include a they also will become a matter of public be appreciated if fifteen copies of small probability sample of the record. written material were submitted for multiestablishment enterprises not Dated: May 15, 1996. selected by the targeting procedure. distribution to the Board by June 5, The survey is conducted by mail Linda Engelmeier, 1996. Approximately 20 seats will be canvass. More than 300 larger Acting Departmental Forms Clearance available for the public and media. enterprises (accounting for Officer, Office of Management and FOR FURTHER INFORMATION CONTACT: Organization. approximately 22 percent of covered Mr. Edward Roback, Board Secretariat, establishments) return their COS reports [FR Doc. 96–12668 Filed 5–20–96; 8:45 a.m.] Computer Systems Laboratory, National by automated/electronic means. All BILLING CODE 3510±07±P Institute of Standards and Technology, other survey respondents return a paper Building 820, Room 426, Gaithersburg, questionnaire. Data content is identical MD 20899–0001, telephone: (301) 975– National Institute of Standards and 3696. for all reporting modes. The instrument Technology includes inquiries on ownership or Dated: May 16, 1996. control by a domestic parent, ownership Computer System Security and Privacy Samuel Kramer, or control by a foreign parent, and Advisory Board; Meeting Associate Director. ownership of foreign affiliates. Further, [FR Doc. 96–12749 Filed 5–20–96; 8:45 am] the instrument lists an inventory of AGENCY: National Institute of Standards BILLING CODE 3510±13±M establishments belonging to the and Technology. enterprise and its subsidiaries, and it ACTION: Notice of meeting. requests updates to the inventory, Announcement of an Opportunity To including additions, deletions, and SUMMARY: Pursuant to the Federal Advisory Committee Act, 5 U.S.C. App., Join a Cooperative Research and changes to information on Federal Development Consortium for the employer identification number, name notice is hereby given that the Computer System Security and Advisory Board Manufacturing Engineering Tool Kits and address, industrial classification, Project end-of-year operating status, mid-March will meet Wednesday, June 12 and employment, first quarter payroll, and Thursday, June 13, 1996 from 9:00 a.m. AGENCY: National Institute of Standards annual payroll. to 5:00 p.m. The Advisory Board was and Technology, Commerce. established by the Computer Security ACTION: Notice of public meeting. III. Data Act of 1987 (P.L. 100–235) to advise the OMB Number: 0607–0444. Secretary of Commerce and the Director SUMMARY: The National Institute of Form Number: NC–9901. of NIST on security and privacy issues Standards and Technology (NIST) Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25481 invites interested parties to attend a Dated: May 14, 1996. Dated: May 15, 1996. meeting on June 10–11, 1996 to discuss Samuel Kramer, Richard W. Surdi, setting up a cooperative research Associate Director. Acting Director, Office of Fisheries consortium. The goal of the consortium [FR Doc. 96–12746 Filed 5–20–96; 8:45 am] Conservation and Management, National is to develop an integrated tool kit for Marine Fisheries Service. BILLING CODE 3510±13±M the manufacturing industry. Parties [FR Doc. 96–12659 Filed 5–20–96; 8:45 am] interested in participating in the BILLING CODE 3510±22±F consortium should be prepared to invest National Oceanic and Atmospheric adequate resources in the collaboration Administration and be firmly committed to the goal of developing an integrated tool kit. [I.D. 050496D] [I.D. 051496B] The program will be within the scope Marine Mammals and confines of The Federal Technology Pacific Fishery Management Council; Transfer Act of 1986 (Public Law 99– Public Meeting AGENCY: National Marine Fisheries 502, 15 U.S.C. 3710a), which provides Service (NMFS), National Oceanic and federal laboratories, including NIST, AGENCY: National Marine Fisheries Atmospheric Administration (NOAA), with the authority to enter into Service (NMFS), National Oceanic and Commerce. 0 cooperative research agreements with Atmospheric Administration (NOAA), qualified parties. Under this law, NIST ACTION: Issuance of photography permit Commerce. may contribute personnel, equipment no. 1002 (P604). and facilities—but no funds—to the ACTION: Notice of public meeting. cooperative research program. SUMMARY: Notice is hereby given that Members will be expected to make an SUMMARY: The Pacific Fishery Mr. Andrew Byatt, Great Natural in-kind contribution to the consortium’s Management Council’s (Council) Journeys, Natural History Unit, BBC, efforts in the form of test parts, product Groundfish Management Team (GMT) Whiteladies Road, Bristol, England BS8 data, process data, manufacturing will hold a public meeting. 2LR, has been issued a permit to take by expertise, and personnel. The program Level B harassment several species of DATES: The meeting will be held on June is expected to last 18 months. This is non-threatened, non-endangered marine 11, beginning at 8 a.m. and may go into not a grant program. mammals for purposes of commercial the evening until business for the day is photography. DATES: Interested parties should contact completed. The meeting will reconvene NIST to confirm their interest and learn on June 12 at 8 a.m. and continue no ADDRESSES: The permit and related the exact times and location at the later than 5 p.m. documents are available for review address, telephone number or FAX upon written request or by appointment ADDRESSES: The meeting will be held at number shown below no later than July in the following offices: 7, 1996. the Council office, 2130 SW Fifth Avenue, Suite 224, Portland, OR 97201. Permits Division, Office of Protected ADDRESSES: Metrology Building, Room Resources, NMFS, 1315 East-West A127, National Institute of Standards FOR FURTHER INFORMATION CONTACT: Jim Highway, Room 13130, Silver Spring, and Technology, Gaithersburg, MD Glock, Groundfish Fishery Management MD 20910 (301/713–2289); 20899. Coordinator; telephone: (503) 326–6352. Director, Southwest Region, 501 West FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: The Ocean Blvd., Suite 4200, Long Beach, Swee K. Leong, Telephone: 301–975– primary purpose of this meeting is to CA 90802–4213 (310/980–4001); and 5426; FAX: 301–258–9749. review the Council’s April 1996 Director, Northwest Region, NMFS, SUPPLEMENTARY INFORMATION: instructions to the GMT and prepare 7600 Sand Point Way, NE, BIN C15700, Participating companies will contribute reports for the June 1996 Council Bldg. 1, Seattle, WA 98115–0070 (206/ product data, process data and a sample meeting. The GMT will review 526–6150). test part containing typical machining information relating to the rate of features that will be of similar size and groundfish landings, including analysis SUPPLEMENTARY INFORMATION: On April complexity as those found on the of the size of landings of various species 2, 1996, notice was published in the company’s product. National Institute of during 1995 and early 1996. The Federal Register (61 FR 14556) that the Standards and Technology (NIST) will proposed agenda also includes above-named applicant had submitted a use this information to develop test preliminary review of industry request for a permit to take several cases. NIST will use the data to integrate proposals relating to sale of amounts of species of marine mammals by Level B and demonstrate software and hardware fish landed in excess of trip limits, harassment during the course of systems within the Manufacturing restrictions on transfers (including commercial photographic activities. The Engineering Took Kit project. The leases) of limited entry permits, requested permit has been issued, under project will produce a virtual allowing vessels to begin their landing the authority of § 104(c)(6) of the Marine manufacturing system to demonstrate periods mid-month, and data collection. Mammal Protection Act of 1972, as how leading edge technology could be amended (16 U.S.C. 1361 et seq.). applied to automate the creation of NC Special Accommodations Dated: May 8, 1996. programs for machining operations, to conduct virtual NC tape try out, and to The meeting is physically accessible Ann D. Terbush, validate a manufacturing data package. to people with disabilities. Requests for Chief, Permits and Documentation Division, The collaborative effort would allow sign language interpretation or other Office of Protected Resources, National participating companies to evaluate auxiliary aids should be directed to Eric Marine Fisheries Service. these leading edge technologies and Greene at (503) 326–6352 at least 5 days [FR Doc. 96–12658 Filed 5–20–96; 8:45 am] systems more thoroughly at NIST. prior to the meeting date. BILLING CODE 3510±22±F 25482 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices

DEPARTMENT OF DEFENSE Meeting of the DOD Advisory Group on ACTION. Notice. Electron Devices Office of the Secretary SUMMARY: Working Group A (Microwave Office of the Secretary Devices) of the DoD Advisory Group on Meeting of the DOD Advisory Group on Electron Devices (AGED) announces a AGENCY: Electron Devices Department of Defense, closed session meeting. Advisory Group on electron Devices. DATES: The meeting will be held at AGENCY: Department of Defense, ACTION: Notice. 1800–2100, Thursday, May 23, 1996. advisory group on electron devices. SUMMARY: The DoD Advisory Group on ADDRESSES: The meeting will be held at ACTION: Notice. Electron Devices (AGED) announces a the Hyatt Regency Monterey, closed session meeting. Windjammer I, Old Golf Course Rd., SUMMARY: Working Group C (Electro- DATES: The meeting will be held at Monterey, CA 93940. Optics) of the DoD Advisory Group on 0900, Thursday, 30 May 1996. FOR FURTHER INFORMATION CONTACT: Electron Devices (AGED) announces a ADDRESSES: The meeting will be held at Walter Gelnovatch, AGED Secretariat, closed session meeting. Palisades Institute for Research 1745 Jefferson Davis Highway, Crystal Services, 1745 Jefferson Davis Highway, Square Four, Suite 500, Arlington, DATES: The meeting will be held at Suite 500, Arlington, VA 22202. Virginia 22202. 0900, Tuesday, 11 June 1996. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: The ADDRESSES: The meeting will be held at Mr. Eliot Cohen, AGED Secretariat, 1745 mission of the Advisory Group is to Palisades Institute for Research Jefferson Davis Highway, Crystal Square provide advice to the under Secretary of Services, 1745 Jefferson Davis Highway, Four, Suite 500, Arlington, Virginia Defense for Acquisition and Suite 500, Arlington, VA 22202. 22202. Technology, to the Director of Defense SUPPLEMENTARY INFORMATION: The Research and Engineering (DDR&E), and FOR FURTHER INFORMATION CONTACT: mission of the Advisory Group is to through the DDR&E to the Director, Elise Rabin, AGED Secretariat, 1745 provide advice to the under Secretary of Advance Research Projects Agency Jefferson Davis Highway, Crystal Square Defense for Acquisition and (ARPA) and the Military Departments in Four, Suite 500, Arlington, Virginia Technology, to the Director of Defense planning and managing an effective and 22202. Research and Engineering (DDR&E), and economical research and development program in the area of electron devices. SUPPLEMENTARY INFORMATION: The through the DDR&E to the Director, The Working Group A meeting will be mission of the Advisory Group is to Advanced Research Projects Agency and limited to review of research and provide advice to the Under Secretary of the Military Departments in planning development programs which the Defense for Acquisition and and managing an effective and Military Departments propose to initiate Technology, to the Director of Defense economical research and development program in the area of electron devices. with industry, universities or in their Research and Engineering (DDR&E), and The AGED meeting will be limited to laboratories. This microwave device through the DDR&E to the Director, review of research and development area includes programs on Advanced Research Projects Agency and programs which the Military developments and research related to the Military Departments in planning Departments propose to initiate with microwave tubes, solid state microwave and managing an effective and industry, universities or in their devices, electronic warfare devices, economical research and development laboratories. The agenda for this millimeter wave devices, and passive program in the area of electron devices. meeting will include programs on devices. The review will include details The Working Group C meeting will be Radiation Hardened Devices, of classified defense programs limited to review of research and Microwave Tubes, Displays and Lasers. throughout. development programs which the The review will include details of In accordance with Section 10(d) of Military Departments proposed to classified defense programs throughout. Public Law 92–463, as amended, (5 initiate with industry, universities or in In accordance with Section 10(d) of U.S.C. App. 10(d) (1994)), it has been their laboratories. This opto-electronic Public Law No. 92–463, as amended, (5 determined that this Advisory Group device area includes such programs as U.S.C. App. § 10(d) (1994)), it has been meeting concerns matters listed in 5 imaging device, infrared detectors and determined that this Advisory Group U.S.C. § 552b(c)(1) (1994), and that lasers. The review will include details meeting concerns matters listed in 5 accordingly, this meeting will be closed of classified defense programs U.S.C. § 552b(c)(1) (1994), and that to the public. throughout. accordingly, this meeting will be closed Dated: May 15, 1996. to the public. In accordance with Section 10(d) of L.M. Bynum, Public Law 92–463, as amended, (5 Dated: May 15, 1996. Alternate OSD Federal Register Liaison U.S.C. App. II § 10(d) (1988)), it has L. M. Bynum, OFficer, Department of Defense. been determined that this Advisory Alternate, OSD Federal Register Liaison [FR Doc. 96–12656 Filed 5–20–96; 8:45 am] Group meeting concerns matters listed Officer, Department of Defense. BILLING CODE 5000±04±M in 5 U.S.C. § 552b(c)(1) (1988), and that [FR Doc. 96–12655 Filed 5–20–96; 8:45 am] accordingly, this meeting will be closed BILLING CODE 5000±04±M to the public. Defense Science Board Task Force on Improved Application of Intelligence to Dated: May 15, 1996. Office of the Secretary the Battlefield, Follow-up L.M. Bynum, ACTION: Notice of advisory committee Alternate OSD Federal Register Liaison Meeting of the DoD Advisory on meeting. Officer, Department of Defense. Electron Devices [FR Doc. 96–12654 Filed 5–20–96; 8:45 am] AGENCY: Department of Defense, SUMMARY: The Defense Science Board BILLING CODE 5000±04±M Advisory Group on Electron Devices. Task Force on Improved Application of Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25483

Intelligence to the Battlefield, Follow-up Dated: May 15, 1996. requests to OMB. Each proposed will meet in closed session on May 30– L.M. Bynum, information collection, grouped by 31 and June 6, 1996, at the Pentagon, Alternate OSD Federal Register Liaison office, contains the following: (1) Type Arlington, Virginia. Officer, Department of Defense. of review requested, e.g., new, revision, The mission of the Defense Science [FR Doc. 96–12652 Filed 5–20–96; 8:45 am] extension, existing or reinstatement; (2) Board is to advise the Secretary of BILLING CODE 5000±04±M Title; (3) Summary of the collection; (4) Defense through the Under Secretary of Description of the need for, and Defense for Acquisition and Technology proposed use of, the information; (5) on scientific and technical matters as DEPARTMENT OF EDUCATION Respondents and frequency of they affect the perceived needs of the collection; and (6) Reporting and/or Department of Defense. At these Notice of Proposed Information Recordkeeping burden. OMB invites meetings the Task Force will evaluate Collection Requests public comment at the address specified the implementation of the Task Forces’ above. Copies of the requests are previous recommendations and AGENCY: Department of Education. available from Patrick J. Sherrill at the determine if other C4I/Information ACTION: Submission for OMB review; address specified above. comment request. systems improvements will enhance Dated: May 15, 1996. support to the coalition operating forces. Kent Hannaman, In accordance with Section 10(d) of SUMMARY: The Acting Director, the Federal Advisory Committee Act, Information Resources Group, invites Acting Director, Information Resources Public Law 92–463, as amended (5 comments on the proposed information Group. U.S.C. App. II, (1994)), it has been collection requests as required by the Office of Special Education and determined that these DSB Task Force Paperwork Reduction Act of 1995. Rehabilitative Services DATES: Interested persons are invited to meetings concern matters listed in 5 Type of Review: Extension. submit comments on or before June 20, U.S.C. 552b(c)(1) (1994), and that Title: Report of Children and Youth 1996. accordingly these meetings will be with Disabilities Receiving Special closed to the public. ADDRESSES: Written comments should Education Under Part B of Individuals Dated: May 14, 1996. be addressed to the Office of with Disabilities Education Act (IDEA). L. M. Bynum, Information and Regulatory Affairs, Frequency: Annually. Alternate OSD Federal Register Liaison Attention: Wendy Taylor, Desk Officer, Affected Public: State, local or Tribal Officer, Department of Defense. Department of Education, Office of Gov’t, SEAs or LEAs. [FR Doc. 96–12653 Filed 5–20–96; 8:45 am] Management and Budget, 725 17th Annual Reporting and Recordkeeping Street NW., Room 10235, New BILLING CODE 5000±04±M Hour Burden: Executive Office Building, Washington, Responses: 58. DC 20503. Requests for copies of the Burden Hours: 15,196. Department of Defense Wage proposed information collection Abstract: This package provides Committee; Notice of Closed Meetings requests should be addressed to Patrick instructions and forms necessary for J. Sherrill, Department of Education, 600 States to report the number of children Pursuant to the provisions of section Independence Avenue SW., Room 5624, with disabilities served under IDEA–B 10 of Public Law 92–463, the Federal Regional Office Building 3, Washington, receiving special education and related Advisory Committee Act, notice is DC 20202–4651. services. It serves as the basis for hereby given that closed meetings of the FOR FURTHER INFORMATION CONTACT: distributing federal assistance, Department of Defense Wage Committee Patrick J. Sherrill (202) 708–8196. monitoring, implementing, and will be held on June 4, 1996; June 11, Individuals who use a Congressional reporting. 1996; June 18, 1996; and June 25, 1996, telecommunications device for the deaf at 10:00 a.m. in room A105, The Nash Office of Special Education and (TDD) may call the Federal Information Building, 1400 Key Boulevard, Rosslyn, Rehabilitative Services Relay Service (FIRS) at 1–800–877–8339 Virginia. between 8 a.m. and 8 p.m., Eastern time, Type of Review: Extension. Under the provisions of section 10(d) Title: Personnel Employed and Monday through Friday. of Public Law 92–463, the Department Needed to Provide Special Education of Defense has determined that the SUPPLEMENTARY INFORMATION: Section and Related Services for Children and meetings meet the criteria to close 3506 of the Paperwork Reduction Act of Youth with Disabilities. meetings to the public because the 1995 (44 U.S.C. Chapter 35) requires Frequency: Annually. matters to be considered are related to that the Office of Management and Affected Public: State, local or Tribal internal rules and practices of the Budget (OMB) provide interested Gov’t, SEAs or LEAs. Department of Defense and the detailed Federal agencies and the public an early Annual Reporting and Recordkeeping wage data to be considered were opportunity to comment on information Hour Burden: obtained from officials of private collection requests. OMB may amend or Responses: 58. establishments with a guarantee that the waive the requirement for public Burden Hours: 10,585. data will be held in confidence. consultation to the extent that public Abstract: This package provides However, members of the public who participation in the approval process instructions and forms for States to may wish to do so are invited to submit would defeat the purpose of the report the number of personnel material in writing to the chairman information collection, violate State or employed and needed in the provision concerning matters believed to be Federal law, or substantially interfere of special education and related deserving of the Committee’s attention. with any agency’s ability to perform its services. Data are obtained from state Additional information concerning statutory obligations. The Acting and local education agencies and are the meetings may be obtained by writing Director of the Information Resources used to assess the implementation of the to the Chairman, Department of Defense Group publishes this notice containing Individuals with Disabilities Education Wage Committee, 4000 Defense proposed information collection Act and for monitoring, planning and Pentagon, Washington, DC 20301–4000. requests prior to submission of these reporting to Congress. 25484 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices

Office of Special Education and provided to infants and toddlers with for monitoring, implementing, and Rehabilitative Services disabilities served under the Individuals Congressional reporting. Type of Review: Extension. with Disabilities Education Act (IDEA), [FR Doc. 96–12665 Filed 5–20–96; 8:45 am] Part H. Data are obtained from State and Title: Individuals with Disabilities BILLING CODE 4000±01±P Education Act (IDEA), Part B, local service agencies and are used to Implementation of Free Appropriate assess the implementation of IDEA and Public Education (FAPE) Requirement. for monitoring, implementing, and National Educational Research Policy Frequency: Annually. Congressional reporting. and Priorities Board; Meeting Affected Public: State, local or Tribal Office of Special Education and AGENCY: National Educational Research Gov’t, SEAs or LEAs. Rehabilitative Services Policy and Priorities Board, Education. Annual Reporting and Recordkeeping Hour Burden: Type of Review: Extension. ACTION: Notice of meeting. Responses: 58. Title: Number and Type of Personnel Employed and Contracted and SUMMARY: This notice sets forth the Burden Hours: 198,418. schedule and proposed agenda of a Abstract: This package provides Additional Personnel Needed to Provide Early Intervention Services for Infants meeting of the National Educational instructions and forms for States to Research Policy and Priorities Board. report the setting in which children and Toddlers with Disabilities and Their Families. This notice also describes the functions with disabilities served under IDEA–B of the Board. Notice of this meeting is Frequency: Annually. receive special education and related required under Section 10 (a)(2) of the services. The form satisfies reporting Affected Public: State, local or Tribal Federal Advisory Committee Act and is requirements in this area and is used to Gov’t, SEAs or LEAs. intended to notify the public of their monitor SEAs and for Congressional Annual Reporting and Recordkeeping opportunity to attend. reporting. Hour Burden: DATES AND TIME: June 6, 1996, 2 p.m. to Responses: 58. Office of Special Education and 5 p.m.; June 7, 1996, 8 a.m. to 2:30 p.m. Burden Hours: 3,596. Rehabilitative Services ADDRESSES: First Floor Conference Abstract: This package provides Type of Review: Extension. Room, 80 F Street NW., Washington, instructions and forms necessary for D.C. 20208. Title: Report of Children and Youth States to report the number of personnel FOR FURTHER INFORMATION CONTACT: with Disabilities Exiting Special employed and needed in the provision John Christensen, Designated Federal Education During the 1996–97 School of early intervention services for infants Official, National Educational Research Year. and toddlers with disabilities served Policy and Priorities Board, 555 New Frequency: Annually. under the Individuals with Disabilities Jersey Avenue, NW., Washington, D.C. Affected Public: State, local or Tribal Education Act (IDEA), Part H. Data are 20208–7564. Telephone: (202) 219– Gov’t, SEAs or LEAs. obtained from state and local service 2065; Fax: (202) 219–1528. Internet: Annual Reporting and Recordkeeping agencies and are used to assess the [email protected]. Hour Burden: implementation of IDEA and for Responses: 58. monitoring, implementing, and SUPPLEMENTARY INFORMATION: The Burden Hours: 16,124. Congressional reporting. National Educational Research Policy Abstract: This package provides and Priorities Board is authorized by instructions and a form necessary for Office of Special Education and Section 921 of the Educational States to report the settings in which Rehabilitative Services Research, Development, Dissemination, children with disabilities served under Type of Review: Extension. and Improvement Act of 1994 (the Act). Individuals with Disabilities Education Title: Report of Infants and Toddlers The Board works collaboratively with Act, Part B receive special education Receiving Intervention Services in the Assistant Secretary for the Office of and related services. The form satisfies Accord with Part H and Report of Early Educational Research and Improvement reporting requirements and is used by Intervention Services on Individualized (the Office) to forge a national the Office of Special Education Family Service Plans (IFSPS) Provided consensus with respect to a long-term Programs to monitor SEAs and for to Infants and Toddlers and Their agenda for educational research, Congressional reporting. Families in Accord with Part H. development, and dissemination, and to provide advice and assistance to the Office of Special Education and Frequency: Annually. Assistant Secretary in administering the Rehabilitative Services Affected Public: State, local or Tribal duties of the Office. The Act directs the Type of Review: Extension. Gov’t, SEAs or LEAs. Board to provide guidance to the Title: Report of Program Settings Annual Reporting and Recordkeeping Congress in its oversight of the Office; Where Early Intervention Services are Hour Burden: to advise the United States on the Provided to Infants and Toddlers with Responses: 58. Federal educational research and Disabilities and Their Families. Burden Hours: 2,378. development effort; and to solicit advice Frequency: Annually. Abstract: This package provides from practitioners, policymakers, and Affected Public: State, local or Tribal instructions and forms necessary for researchers to define research needs and Gov’t, SEAs or LEAs. States to report the number of infants suggestions for research topics. The Annual Reporting and Recordkeeping and toddlers with disabilities served meeting of the Board is open to the Hour Burden: under the Individuals with Disabilities public. Responses: 58. Education Act (IDEA), Part H receiving The agenda for June 6 will center on Burden Hours: 928. early intervention services and the the solicitation of public comment prior Abstract: This package provides services provided as indicated on the to the development of a long-term instructions and forms necessary for IFSP. Data are obtained from State and Educational Research Priorities Plan. On States to report the program settings local service agencies and are used to June 7, the Board will review the where early intervention services are assess the implementation of IDEA and activities of several research and Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25485 development centers funded by the —EIS June Technical Briefing Environmental Management Site- Office. A final agenda will be available —Pantex Environmental Safety & Specific Advisory Board, Fernald from the Board’s office on May 29. Health Report Records are kept of all Board AGENCY: Department of Energy. proceedings, and are available for public 5:00 pm—Task Force Reports ACTION: Notice of open meeting. inspection at the office of the National —Sitewide Environmental Impact SUMMARY: Educational Research Policy and Statement Pursuant to the provisions of the Federal Advisory Committee Act Priorities Board, 555 New Jersey —Environmental Restoration Avenue, NW., Washington, D.C. 20208– (Public Law 92–463, 86 Stat. 770) notice —Public Participation/Public 7564. is hereby given of the following Information Advisory Committee meeting: Sharon P. Robinson, 5:30 pm—Adjourn. Environmental Management Site- Assistant Secretary, Office of Educational Specific Advisory Board (EM SSAB), Research and Improvement. Public Participation: The meeting is Fernald. [FR Doc. 96–12742 Filed 5–20–96; 8:45 am] open to the public. Written statements DATES: Saturday, June 8, 1996: 8:30 BILLING CODE 4000±01±M may be filed with the Committee either a.m.–12:30 p.m. (Public comment before or after the meeting. Written session, 11:45 a.m.–12:00 p.m.). comments will be accepted at the DEPARTMENT OF ENERGY address above for 15 days after the date ADDRESSES: Alpha Building, 10967 of the meeting. Individuals who wish to Hamilton Cleves Highway, Harrison, Environmental Management Site- make oral statements pertaining to Ohio. Specific Advisory Board, Pantex Plant agenda items should contact Tom FOR FURTHER INFORMATION CONTACT: John Williams’ office at the address or S. Applegate, Chair of the Fernald AGENCY: Department of Energy. telephone number listed above. Citizens Task Force, P.O. Box 544, Ross, ACTION: Notice of open meeting. Requests must be received 5 days prior Ohio 45061, or call the Fernald Citizens Task Force office (513) 648–6478. SUMMARY: Pursuant to the provisions of to the meeting and reasonable provision the Federal Advisory Committee Act will be made to include the presentation SUPPLEMENTARY INFORMATION: Purpose of (Public Law 92–463, 86 Stat. 770) notice in the agenda. The Designated Federal the Board: The purpose of the Board is is hereby given of the following Official is empowered to conduct the to make recommendations to DOE and Advisory Committee meeting: meeting in a fashion that will facilitate its regulators in the areas of future use, Environmental Management Site- the orderly conduct of business. Each cleanup levels, waste disposition and Specific Advisory Board (EM SSAB), individual wishing to make public cleanup priorities at the Fernald site. comment will be provided a maximum Pantex Plant. Tentative Agenda: Saturday, June 8, of 5 minutes to present their comments. 1996 DATE AND TIME: Tuesday, May 28, 1996: This notice is being published less than 1:30 p.m.–5:30 p.m. 15 days before the date of the meeting, 8:30 a.m.—Call to Order, Chair’s ADDRESSES: Amarillo Federation of due to programmatic issues that had to Remarks and New Business Women’s Clubs, 2001 Civic Circle, be resolved prior to publication. 8:45 a.m.—Communitee Chairs’ Reports Amarillo, Texas. 9:00 a.m.—Approve Changes to Minutes: The minutes of this meeting Operating Procedures and Ground FOR FURTHER INFORMATION CONTACT: Tom will be available for public review and Rules Williams, Program Manager, copying at the Pantex Public Reading 9:15 a.m.—On-Site Disposal Facility Department of Energy, Amarillo Area Rooms located at the Amarillo College 60% Design Issues Office, P.O. Box 30030, Amarillo, TX Lynn Library and Learning Center, 2201 10:15 a.m.—Break 79120 (806)477–3121. South Washington, Amarillo, TX phone 10:30 a.m.—Transportation Issues (806) 371–5400. Hours of operation are SUPPLEMENTARY INFORMATION: 11:45 a.m.—Opportunity for Public from 7:45 am to 10:00 pm, Monday Input Purpose of the Committee: The Board through Thursday; 7:45 am to 5:00 pm provides input to the Department of 12:00 p.m.—Wrap Up on Friday; 8:30 am to 12:00 noon on 12:15 p.m.—Adjourn. Energy on Environmental Management Saturday; and 2:00 pm to 6:00 pm on strategic decisions that impact future Sunday, except for Federal holidays. A final agenda will be available at the use, risk management, economic Additionally, there is a Public Reading meeting, Saturday, June 8, 1996. development, and budget prioritization Room located at the Carson County Public Participation: The meeting is activities. Public Library, 401 Main Street, open to the public. Written statements Tentative Agenda: Panhandle, TX phone (806) 537–3742. may be filed with the Task Force chair 1:30 pm—Welcome—Agenda Review— Hours of operation are from 9:00 am to either before or after the meeting. Approval of Minutes 7:00 pm on Monday; 9:00 am to 5:00 Individuals who wish to make oral 1:45 pm—Co-Chairs’ Comments pm, Tuesday through Friday; and closed statements pertaining to agenda items 2:00 pm—Subcommittee Reports Saturday and Sunday as well as Federal should contact the Task Force chair at —Community Outreach Holidays. Minutes will also be available the address or telephone number listed —Budget and Finance by writing or calling Tom Williams at above. Requests must be received 5 days —Nominations the address or telephone number listed prior to the meeting and reasonable —Program and Training above. provision will be made to include the —Policy and Personnel presentation in the agenda. The 2:45 pm—Updates Issued at Washington, DC on May 15, 1996. Designated Federal Official, Gary —Occurrence Reports—DOE Rachel M. Samuel, Stegner, Public Affairs Officer, Ohio 3:15 pm—Break Acting Deputy Advisory Committee Field Office, U.S. Department of Energy, 3:30 pm—Discussion Management Officer. is empowered to conduct the meeting in —Dr. Mark Somma, Core Value [FR Doc. 96–12708 Filed 5–20–96; 8:45 am] a fashion that will facilitate the orderly Assessment BILLING CODE 6450±01±P conduct of business. Each individual 25486 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices wishing to make public comment will available for public inspection in the Effective be provided a maximum of 5 minutes to Public Reference Room. present their comments. Lois D. Cashell, First revised volume No. 1: 6 Sub twenty-forth revised Minutes: The minutes of this meeting Secretary. will be available for public review and sheet No. 4 ...... 11/01/91 [FR Doc. 96–12671 Filed 5–20–96; 8:45 am] Sub twenty-fifth revised sheet copying at the Freedom of Information BILLING CODE 6717±01±M No. 4 ...... 04/01/93 Public Reading Room, 1E–190, Forrestal 6 Sub fortieth revised sheet No. Building, 1000 Independence Avenue, 57(i) ...... 11/01/91 SW, Washington, DC 20585 between Sub forty first revised sheet No. 9:00 a.m. and 4:00 p.m., Monday– [Docket No. RP95±128±002] 57(i) ...... 04/01/93 Friday, except Federal holidays. Second revised volume No. 1: East Tennessee Natural Gas Company; Fourth sub original sheet No. 4 11/01/93 Minutes will also be available by Notice of Cashout Report writing to John S. Applegate, Chair, the Substitute first revised sheet Fernald Citizens Task Force, P.O. Box No. 4 ...... 11/01/94 May 15, 1996. Substitute original sheet No. 4A 11/01/94 544, Ross, Ohio 45061 or by calling the Take Notice that on May 13, 1996, Third sub original sheet No. 5 11/01/93 Task Force message line at (513) 648– East Tennessee Natural Gas Company Original volume No. 2: 6478. (East Tennessee) tendered for filing a Sixth substitute twenty-sixth re- Issued at Washington, DC on May 15, 1996. report of cashout activity for the vised sheet No. 53 ...... 11/01/91 Substitute twenty-seventh re- Rachel Murphy Samuel, November 1993 through October 1994 vised sheet No. 53 ...... 04/01/93 Acting Deputy Advisory Committee period. Second substitute twenty-eight Management Officer. East Tennessee states that the cashout revised sheet No. 53 ...... 11/01/93 [FR Doc. 96–12709 Filed 5–20–96; 8:45 am] report reflects a total cashout loss Seventh substitute eighteenth BILLING CODE 6450±01±P during this period of $180,752. revised sheet No. 77 ...... 11/01/91 Second sub nineteenth revised Any person desiring to protest this sheet No. 77 ...... 04/01/93 filing should file a protest with the Third substitute forth revised Federal Energy Regulatory Federal Energy Regulatory Commission, Commission sheet No. 78 ...... 11/01/91 888 First Street, NE., Washington, DC Substitute fifth revised sheet 20426, in accordance with 385.211 of No. 78 ...... 04/01/93 [Docket No. RP96±190±001] the Commission’s Rules and Seventh substitute fourteenth Regulations. All such protests must be revised sheet No. 151 ...... 11/01/91 Colorado Interstate Gas Company; filed on or before May 22, 1996. Protests Second sub fifteenth revised Notice of Tariff Compliance Filing sheet No. 151 ...... 04/01/93 will be considered by the Commission Second substitute sixteenth re- May 15, 1996. in determining the appropriate action to vised sheet No. 151 ...... 11/01/93 Take notice that on May 10, 1996, be taken, but will not serve to make Sixth substitute eleventh re- Colorado Interstate Gas Company (CIG), protestants parties to the proceeding. vised sheet No. 223 ...... 11/01/91 tendered for filing revised tariff sheets Copies of this filing are on file with the Substitute twelfth revised sheet Commission and are available for public No. 223 ...... 04/01/93 to its FERC Gas Tariff, First Revised Second substitute thirteenth re- Volume No. 1. The new tariff sheets are inspection in the Public Reference Room. vised sheet No. 223 ...... 11/01/93 filed to comply with Ordering Paragraph Sixth substitute eleventh re- (c) of the Order issued April 25, 1996 in Lois D. Cashell, vised sheet No. 245 ...... 11/01/91 Docket No. RP96–190–000. Secretary. Substitute twelfth revised sheet In accordance with the April 25, 1996 [FR Doc. 96–12674 Filed 5–20–96; 8:45 am] No. 245 ...... 04/01/93 Order, Article 38 of the General Terms BILLING CODE 6717±01±M Second substitute thirteenth re- and Conditions of the Tariff has been vised sheet No. 245 ...... 11/01/93 revised to state that new and existing Sixth substitute fifth revised sheet No. 269 ...... 11/01/91 Shippers that pay the maximum [Docket No. RP91±143±035] Substitute sixth revised sheet recourse rates have the same right to No. 269 ...... 04/01/93 capacity as a Shipper willing to pay the Great Lakes Gas Transmission Limited Second substitute seventh re- higher negotiated rate. In addition, the Partnership; Notice of Revised vised sheet No. 269 ...... 11/01/93 revised tariff sheets state that negotiated Compliance Tariff Filing Sixth substitute eleventh re- rates do not apply as the price cap for vised sheet No. 294 ...... 11/01/91 capacity release transactions. May 15, 1996. Substitute twelfth revised sheet Any person desiring to protest said Take notice that Great Lakes Gas No. 294 ...... 04/01/93 Second substitute thirteenth re- filing should file a protest Federal Transmission Limited Partnership vised sheet No. 294 ...... 11/01/93 Energy Regulatory Commission, 888 (Great Lakes), on May 10, 1996, Seventh substitute sixth revised First Street NE., Washington, DC 20426, tendered its revised compliance filing sheet No. 603 ...... 11/01/91 in accordance with 18 CFR 385.211 of providing for refund and surcharge Substitute seventh revised the Commission’s Rules and amounts together with implementing sheet No. 603 ...... 04/01/93 Regulations. All such protests must be tariff changes as required by the Second substitute eighth re- filed as provided in Section 154.210 of Commission’s Order on Remand issued vised sheet No. 603 ...... 11/01/93 the Commission’s Regulations. All herein on July 26, 1995, and Order on Fourth substitute third revised protests filed with the Commission will Rehearing, Clarification and Compliance sheet No. 604 ...... 11/01/91 Substitute fourth revised sheet be considered by it in determining the Filing issued herein on April 25, 1996. No. 604 ...... 04/01/93 appropriate action to be taken, but will The tariff sheets setting forth the Second substitute fifth revised not serve to make the protestants parties applicable rates for the locked-in period sheet No. 604 ...... 11/01/93 to the proceedings. Copies of this filing from November 1, 1991 through Sixth substitute fourth revised are on file with the Commission and are September 30, 1995, are as follows: sheet No. 865 ...... 11/01/91 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25487

Effective Commission and are available for public [Docket No. RP96±195±000] inspection in the Public Reference Substitute fifth revised sheet Room. Tennessee Gas Pipeline Company; No. 865 ...... 04/01/93 Notice of Technical Conference Lois D. Cashell, Sixth substitute fourth revised sheet No. 866 ...... 11/01/91 Secretary. May 15, 1996. Substitute fifth revised sheet [FR Doc. 96–12676 Filed 5–20–96; 8:45 am] In the Commission’s order issued on April 26, 1996, in the above-captioned No. 866 ...... 04/01/93 BILLING CODE 6717±01±M Sixth substitute third revised proceeding,1 the Commission held that sheet No. 905 ...... 11/01/91 the filing raises issues for which a Substitute fourth revised sheet technical conference is to be convened. No. 905 ...... 04/01/93 [Docket No. TM96±4±25±001] The conference has been scheduled Sixth substitute fourth revised for Wednesday, May 29, 1996, at 1:00 sheet No. 906 ...... 11/01/91 Mississippi River Transmission Substitute fifth revised sheet p.m. in a room to be designated at the Corporation; Notice of Compliance offices of the Federal Energy Regulatory No. 906 ...... 04/01/93 Filing Fourth substitute first revised Commission, 888 First Street NE., sheet No. 1008 ...... 11/01/91 May 15, 1996. Washington, DC 20426. Substitute second revised sheet All interested persons and Staff are No. 1008 ...... 04/01/93 Take notice that on April 22, 1996, permitted to attend. Original volume No. 3: Mississippi River Transmission Lois D. Cashell, 7 Sub fourth revised sheet No. Corporation (MRT) submitted for filing 2 ...... 11/01/91 Secretary. 3 Sub fifth revised sheet No. 2 01/01/92 revised worksheets reflecting the [FR Doc. 96–12670 Filed 5–20–96; 8:45 am] 2 Sub sixth revised sheet No. 2 10/01/92 calculation of Miscellaneous Revenues BILLING CODE 6717±01±M 2 Sub seventh revised sheet in accordance with Section 18 of the No. 2 ...... 01/01/93 General Terms and Conditions of MRT’s Substitute eighth revised sheet FERC Gas Tariff, Third Revised Volume [Docket No. RP94±357±004] No. 2 ...... 04/01/93 No. 1 and in compliance with the April Substitute ninth revised sheet Texas Eastern Transmission No. 2 ...... 10/01/93 11, 1996 ‘‘Order Denying Request for Corporation; Notice of Report Filing 7 Sub fourth revised sheet No. Waiver’’ issued by the Federal Energy 3 ...... 11/01/91 Regulatory Commission in this May 15, 1996. 4 Sub fifth revised sheet No. 3 01/01/92 proceeding. Take notice that on April 30, 1996, 3 Sub alt sixth revised sheet MRT states that, as explained in its Texas Eastern Transmission Corporation No. 3 ...... 05/01/92 (Texas Eastern) filed a report discussing filing, the worksheets reflect the 2 Sub seventh revised sheet its actual experience regarding the calculation of Miscellaneous Revenues No. 3 ...... 10/01/92 ‘‘enhanced segment rights’’ and the 2 Sub eighth revised sheet No. applicable to the period November 1, 3 ...... 01/01/93 ‘‘capacity release’’ procedures. The 1993 through October 31, 1995 for the report is pursuant to an order issued Substitute ninth revised sheet cashout costs related to onsystem No. 3 ...... 04/01/93 April 17, 1995 in Docket No. RP94–357– Substitute tenth revised sheet imbalances, and the period November 1, 000. No. 3 ...... 10/01/93 1993 through March 31, 1995 for the The enhanced segmented cashout costs related to offsystem transportation rights allow customers to Great Lakes states that, pursuant to imbalances. receive and deliver their zone limit the Commission’s rehearing order, any MRT states that copies of the (MDQ adjusted for capacity release) party owing surcharge amounts must compliance filing have been mailed to once in each upstream market zone. notify Great Lakes in writing no later all parties on the official service list. These rights also give customers the than August 8, 1996, as to whether that right to deliver gas to Texas Eastern party elects to make such payment in a Any person desiring to protest said storage points without these deliveries lump sum or to amortize payment over filing should file a protest with the being included in the calculation of gas a period of three years or less. Federal Energy Regulatory Commission, delivered in excess of customer’s Great Lakes states that copies of the 888 First Street NE., Washington, DC contract MDQ. filing were served upon all parties to 20426, in accordance with 18 CFR Texas Eastern states that the report these proceedings, each of Great Lakes’ 385.211 of the Commission’s Rules and shows that 56 percent of enhanced customers, and the Public Service Regulations. All such protests must be segment rights transactions that Commissions of the States of Michigan, filed on or before May 22, 1996. All occurred during the period October Minnesota and Wisconsin. protests filed with the Commission will 1994 through February 1996 involved Any person desiring to protest said be considered by it in determining the the use of capacity under released filing should file a protest with the appropriate action to be taken, but will contracts. Texas Eastern also states that Federal Energy Regulatory Commission, not serve to make the protestants parties the report shows that the use of capacity 888 First Street NE., Washington, D.C. to the proceedings. Copies of this filing release on its system has increased 20426, in accordance with 18 CFR are on file with the Commission and are significantly. The report reflects that for 385.211 of the Commission’s rules and available for public inspection in the the 12 months ended February 29, 1996, Regulations. All such motions or Public Reference Room. as compared to the 12 months ended protests should be filed on or before February 28, 1995, capacity release Lois D. Cashell, May 22, 1996. Protests will be delivered volumes increased by 61 considered by the Commission in Secretary. percent, reservation charge credit backs determining the appropriate action to be [FR Doc. 96–12669 Filed 5–20–96; 8:45 am] increased by 66 percent, and total deals taken, but will not serve to make BILLING CODE 6717±01±M increased by 95 percent. protestants parties to the proceedings. Copies of this filing are on file with the 1 75 FERC ¶ 61,102 (1996). 25488 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices

Any person desiring to protest this above and on all of WNG’s jurisdictional will be considered by the Commission filing should file a protest with the customers and interested state in determining the appropriate action to Federal Energy Regulatory Commission, commissions. be taken, but will not serve to make 888 First Street NE., Washington, DC Any person desiring to protest said protestants parties to the proceedings. 20426, in accordance with 385.211 of filing should file a protest with the Copies of this filing are on file with the the Commission’s Rules and Federal Energy Regulatory Commission, Commission and are available for public Regulations. All such protests must be 888 First Street NE., Washington, DC inspection in the Public Reference filed on or before May 22, 1996. Protests 20426, in accordance with 18 CFR Room. will be considered by the Commission 385.211 of the Commission’s Rules and Lois D. Cashell, in determining the appropriate action to Regulations. All such protests must be Secretary. be taken, but will not serve to make filed as provided in Section 154.210 of [FR Doc. 96–12673 Filed 5–20–96; 8:45 am] protestants parties to the proceeding. the Commission’s Regulations. All BILLING CODE 6717±01±M Copies of this filing are on file with the protests filed with the Commission will Commission and are available for public be considered by it in determining the inspection in the Public Reference appropriate action to be taken, but will [Project No. 10805±002, WI] Room. not serve to make the protestants parties Midwest Hydraulic Company; Notice of Lois D. Cashell, to the proceedings. Copies of this fiing are on file with the Commission and are Site Visit and Scoping Pursuant to the Secretary. National Environmental Policy Act of [FR Doc. 96–12675 Filed 5–20–96; 8:45 am] available for public inspection in the Public Reference Room. 1969 BILLING CODE 6717±01±M Lois D. Cashell, May 15, 1996. Secretary. On April 23, 1993, the Federal Energy [Docket Nos. RP96±173±002 and RP89±183± [FR Doc. 96–12672 Filed 5–20–96; 8:45 am] 062] Regulatory Commission (Commission) BILLING CODE 6717±01±M issued a letter accepting the Midwest Williams Natural Gas Company; Notice Hydraulic Company’s application for license for the Hatfield Project, located of Proposed Changes in FERC Gas [Docket No. RP96±145±001] Tariff on the Black River in Jackson and Clark Williams Natural Gas Company; Notice Counties, Wisconsin. May 15, 1996. of Cash-Out Report The purpose of this notice is to: (1) Take notice that on May 9, 1996, advise all parties as to the proposed Williams Natural Gas Company (WNG), May 15, 1996. scope of the staff’s environmental tendered for filing as part of its FERC Take notice that on May 10, 1996, analysis, including cumulative effects, Gas Tariff, Second Revised Volume No. Williams Natural Gas Company (WNG) and to seek additional information 1, Substitute First Revised Sheet Nos. tendered for filing, pursuant to Article pertinent to this analysis; and (2) advise 8A and 8B and Original Sheet Nos. 8C 9.7(d) of the General Terms and all parties of their opportunity for and 8D, with the proposed effective date Conditions of its FERC Gas Tariff, a comment. of April 13, 1996, and Twelfth Revised revised report of net revenue received Sheet No. 6A, with the proposed from cash-outs. Scoping Process effective date of June 1, 1996. WNG states that it submitted its The Commission’s scoping objectives WNG states that on March 13, 1996, original report of net revenue received are to: it filed in Docket Nos. RP96–173–000 from cash-outs for the period October 1, • Identify significant environmental and RP89–183–000 to recover 1994 through September 30, 1995 on issues; approximately $6.0 million of February 16, 1996 pursuant to Article • Determine the depth of analysis additional contract reformation and gas 9.7(d) of the General Terms and appropriate to each issue; supply realignment costs pursuant to Conditions of its FERC Gas Tariff. By • Identify the resource issues not the November 24, 1992 Stipulation and letter order issued April 10, 1996, the requiring detailed analysis; and Agreement (November 24 S & A) in Commission accepted WNG’s cash-out • Identify reasonable project Docket No. RP89–183, et al. and Article report pursuant to WNG increasing the alternatives. 14 of its FERC Gas Tariff. On April 9, principal refund amount by $73,233.95, The purpose of the scoping process is 1996, the Commission issued an Order plus the appropriate amount of interest. to identify significant issues related to Accepting and Suspending Tariff Sheets WNG states that the instant filing is the proposed action and to determine Subject to Refund and Conditions (April being made to reflect this increase in what issues should be covered in the 9 order). WNG was directed to file refunds. environmental document pursuant to ‘‘revised tariff sheets reflecting the WNG states that a copy of its filing the National Environmental Policy Act allocation of 10 percent of the GSR costs was served on all participants listed on of 1969 (NEPA). The document entitled above $50 million to IT customers, to be the service list maintained by the ‘‘Scoping Document I’’ (SDI) will be recovered through a volumetric Commission in the docket referenced circulated shortly to enable appropriate surcharge and reflecting a 90 percent above and on all jurisdictional federal, state, and local resource allocation of the remaining GSR costs to customers and interested state agencies, developers, Indian tribes, the firm transportation customers, to be commissions. nongovernmental organizations recovered through a reservation Any person desiring to protest this (NGO’s), and other interested parties to surcharge.’’ WNG states that the instant filing should file a protest with the effectively participate in and contribute filing is made in compliance with the Federal Energy Regulatory Commission, to the scoping process. SDI provides a April 9 order. 888 First Street NE., Washington, DC brief description of the proposed action, WNG states that a copy of its filing 20426, in accordance with Section project alternatives, the geographic and were served on all participants listed on 385.211 of the Commission’s Rules and temporal scope of a cumulative effects the service lists maintained by the Regulations. All such protests must be analysis, and a list of preliminary issues Commission in the dockets referenced filed on or before May 22, 1996. Protests identified by staff. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25489

Project Site Visit Meeting Procedures The Commission staff will consider The applicant and the Commission The meetings will be recorded by a all written comments and may issue a staff will conduct a site visit of the stenographer and become a part of the Scoping Document II (SDII). SDII will Hatfield Project on June 6, 1996, at 9:00 formal record of the Commission include a revised list of issues, based on a.m. They will meet at the powerhouse proceeding on the Hatfield Project. the scoping sessions. For further information regarding the of the project site, located on Individuals presenting statements at the scoping process, please contact Powerhouse Road, in the city of meetings will be asked to identify Christopher Metcalf, Federal Energy Hatfield, Jackson and Clark Counties, themselves for the record. Regulatory Commission, Office of Wisconsin 54754. All interested Concerned parties are encouraged to Hydropower Licensing, 888 First Street individuals, NGO’s and agencies are offer us verbal guidance during public NE., Washington, DC 20426 at (202) invited to attend. All participants are meetings. Speaking time allowed for 219–2810. responsible for their own transportation individuals will be determined before and should bring a hard hat. For more each meeting, based on the number of Lois D. Cashell, details, interested parties should contact persons wishing to speak and the Secretary. Andrew Blystra, the applicant contact, approximate amount of time available [FR Doc. 96–12677 Filed 5–20–96; 8:45 am] at (616) 394–0606, prior to the site visit for the session, but all speakers will be BILLING CODE 6717±01±M date. provided at least 5 minutes to present their views. Scoping Meetings All those attending the meeting are Notice of Change of Name and The Commission staff will conduct urged to refrain from making any Transfer of License two scoping meetings. All interested communications concerning the merits May 15, 1996. individuals, organizations, and agencies of the application to any member of the Take notice that the following are invited to attend and assist the staff Commission staff outside of the hydroelectric application has been filed in identifying the scope of established process for developing the with the Commission and is available environmental issues that should be record as stated in the record of the for public inspection: analyzed in the NEPA document. proceeding. a. Type of Application: Change of The agency scoping meeting will be Persons choosing not to speak but Name and Transfer of License. wishing to express an opinion, as well held on June 5, 1996, from 1:00 p.m. to b. Project No: 2935–008. 4:00 p.m., at the Wisconsin Department as speakers unable to summarize their c. Date Filed: May 3, 1996. of Natural Resources, on Highway 54, positions within their allotted time, may d. Applicant: Graniteville Company Black River Falls, Wisconsin 54615. submit written statements for inclusion and GTXL, Inc. The public scoping meeting will be in the public record 15 days after June e. Name of Project: Enterprise. held on June 6, 1996, from 7:00 p.m. to 6, 1996. f. Location: On the Augusta Canal of 10:00 p.m. at the Jackson County Bank All filings should contain an original the Savannah River in the City of Community Room, 8 Main Street, Black and 14 copies. Failure to file an original Augusta, Richmond County, Georgia. River Falls, Wisconsin 54615. and 14 copies may result in appropriate g. Filed Pursuant to: Federal Power The Commission will decide, based staff not receiving the benefit of your Act, 16 U.S.C. § 791(a)–825(r). on the application, and agency and comments in a timely manner. See 18 h. Applicant Contact: Ms. Sharon public comments at the scoping session, CFR 4.34(h). In addition, commenters Rodgers, Vice President, Legal, whether licensing the Hatfield Project may submit a copy of their comments Graniteville Company, PO Box 128, constitutes a major federal action on a 31⁄2-inch diskette formatted for Graniteville, SC 29829–0128, (803) 663– significantly impacting the quality of MS–DOS based computers. In light of 2334. the human environment. Irrespective of our ability to translate MS–DOS based i. FERC Contact: Thomas F. the Commission’s determination to materials, the text need only be Papsidero, (202) 219–2715. prepare an environmental assessment or submitted in the format and version that j. Comment Date: June 21, 1996. an environmental impact statement for it was generated (i.e., MS Word, k. Description of Filing: Application the Hatfield Project, the Commission WordPerfect 5.1/5.2, ASCII, etc.). It is to change licensee’s name from staff will not hold additional scoping not necessary to reformat word Granitvellie Company to TXL Corp. and meetings other than those scheduled, as processor generated text to ASCII. For to transfer the license for the Enterprise listed above. Macintosh users, it would be helpful to Project from TXL Corp. to GTXL, Inc. save the documents in Macintosh word l. This notice also consists of the Objectives processor format and then write them to following standard paragraphs: B, C2 At the scoping meetings, the files on a diskette formatted for MS– and D2. Commission staff will: (1) summarize DOS machines. All comments should be B. Comments, Protests, or Motions to the environmental issues tentatively submitted to the Office of the Secretary, Interven—Anyone may submit identified for analysis in the NEPA Federal Energy Regulatory Commission, comments, a protest, or a motion to document; (2) solicit from the meeting 888 First Street, N.E., Washington, D.C. intervene in accordance with the participants all available information, 20426, and should clearly show the requirements of Rules of Practice and especially quantified data, on the following captions on the first page: Procedure, 18 CFR 385.210, .211, .214. resources at issue, and (3) encourage Hatfield Project, FERC No. 10805. In determining the appropriate action to statements from experts and the public Further, interested persons are take, the Commission will consider all on issues that should be analyzed in the reminded of the Commission’s Rules of protests or other comments filed, but NEPA document. Individuals, Practice and Procedures, requiring only those who file a motion to organizations, and agencies with parties or interceders (as defined in 18 intervene in accordance with the environmental expertise and concerns CFR 385.2010) to file documents on Commission’s Rules may become a are encouraged to attend the meetings each person whose name is on the party to the proceeding. Any comments, and to assist the staff in defining and official service list for this proceeding. protests, or motions to intervene must clarifying the issues to be addressed. See 18 CFR 4.34(b). be received on or before the specified 25490 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices comment date for the particular ADDRESSES: Federal Communications Semiannual Report of Payment application. Commission, 1919 M Street NW., Room Accepted From Non-Federal Sources C2. Filing and Service of Responsive 856, Washington, DC 20554. Under 31 U.S.C. 1353 for the Period Documents—Any filings must bear in FOR FURTHER INFORMATION CONTACT: Beginning October 1, 1995, Ending all capital letters the title Cecily C. Holiday, FCC International March 31, 1996, Summary Report; ‘‘COMMENTS,’’ Bureau, Satellite and Revision ‘‘RECOMMENDATIONS FOR TERMS Radiocommunication Division, at (202) Reimbursement/In-kind Payments in AND CONDITIONS,’’ ‘‘NOTICE OF 418–0749. Excess of $250 INTENT TO FILE COMPETING SUPPLEMENTARY INFORMATION: The APPLICATION,’’ ‘‘COMPETING Federal Communications Commission Total Number of Sponsored Events: APPLICATION,’’ ‘‘PROTEST,’’ or (FCC) established the Advisory 86. ‘‘MOTION TO INTERVENE,’’ as Committee for the 1997 World Total Number of Sponsoring applicable, and the Project Number of Radiocommunication Conference to Organizations: 76. the particular application to which the provide advice, technical support and Total Number of Different filing refers. Any of these documents recommendations relating to the must be filed by providing the original Commissioners/Employees Attending: preparation of recommended United 82. and the number of copies provided by States proposals and positions for the the Commission’s regulations to: The 1997 World Radiocommunication Total Amount of Reimbursement Secretary, Federal Energy Regulatory Conference (WRC–97). In accordance Received Commission, 888 First Street, N.E., with the Federal Advisory Committee Washington, D.C. 20426. A copy of a Act, Public Law 92–463, as amended, Check In-kind notice of intent, competing application, this notice advises interested persons of In excess of or motion to intervene must also be the third meeting of the WRC–97 served upon each representative of the $250 ...... $103,597.12 $42,156.78 Advisory Committee. Under $250 Applicant specified in the particular This meeting will continue reviewing (Detail not application. the work of the organization of the included) .... 948.25 356.60 D2. Agency Comments—Federal, Advisory Committee. It will also review state, and local agencies are invited to the schedule of meetings of the Total ... 104,545.37 42,513.38 file comments on the described International Telecommunication Union application. A copy of the application Radiocommunication Sector relating to Semiannual Report of Payment may be obtained by agencies directly international preparations for WRC–97 Accepted From Non-Federal Sources from the Applicant. If an agency does and provide an update on the FCC’s Under 31 U.S.C. 1353 for Period not file comments within the time preparatory process for WRC–97. Beginning April 1, 1995, Ending specified for filing comments, it will be The WRC–97 Advisory Committee has September 30, 1995 presumed to have no comments. One an open membership. All interested copy of an agency’s comments must also 1. Agency: Federal Communications parties are invited to participate in the Commission. be sent to the Applicant’s Advisory Committee and to attend its representatives. meetings. Further information regarding 2. Employee: Government Position: Jane Lois D. Cashell, the WRC–97 Advisory Committee is E. Mago—Revised, Senior Advisor to Secretary. available on the World Wide Web at: Commissioner, Rachelle B. Chong. [FR Doc. 96–12678 Filed 5–20–96; 8:45 am] http://www.fcc.gov/ib/wrc97/. 3. Event: 1995 FCBA Annual Seminar. BILLING CODE 6717±01±M The proposed agenda for the third 4. Sponsor of Event: Federal meeting is as follows: Communications, Bar Association— FCBA. Agenda 5. Sponsor Address: 1722 Eye Street FEDERAL COMMUNICATIONS Third Meeting of the WRC–97 Advisory NW., Suite 300, Washington, D.C. COMMISSION Committee, Federal Communications 20006. Commission, 1919 M Street NW., 6. Location of Event: Hot Springs, Third Meeting of the WRC±97 Advisory Room 856, Washington, DC 20554, Virginia. Committee Wednesday, May 29, 1996; 2:00 p.m.– 4:30 p.m. 7. Employee’s Role: Panelist. AGENCY: Federal Communications 8. Dates of Event: 05/19–21/95. Commission. 1. Opening Remarks 2. Agenda Approval 9. Travel Dates: 05/19–21/95. ACTION: Notice. 3. Report on the Progress of the Informal Working Groups (c) Type and SUMMARY: In accordance with the amount of pay- Federal Advisory Committee Act, this 4. Update on NTIA’s Radio Conference 10. (a) Nature of benefit ment notice advises interested persons that Subcommittee Activities Check In kind the next meeting of the WRC–97 5. Advisory Committee Meeting Advisory Committee will be held on Schedule 6. Timeline of Significant International 1. Round- Wednesday, May 29, 1996, at the trip Transpor- Federal Communications Commission. Events tation ...... $120.00 $ The purpose of the meeting is to 7. Other Business. 2. Hotel Room .... 432.64 continue preparations for the 1997 Federal Communications Commission. 3. Meals ...... 100.00 World Radiocommunication William F. Caton, 120.00 532.64 Conference. Acting Secretary. (b) Non-Fed DATES: May 29, 1996; 2:00 p.m.–4:30 [FR Doc. 96–12711 Filed 5–20–96; 8:45 am] Source: Same as p.m. BILLING CODE 6712±01±M No. 4. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25491

Federal Communications Commission. Name: Cargolink International, Inc. Date Revoked: March 30, 1996. William F. Caton, Address: 1401 N.W. 78th Ave., Ste. Reason: Failed to maintain a valid Acting Secretary. 201, Miami, FL 33126. surety bond. [FR Doc. 96–12710 Filed 5–20–96; 8:45 am] Date Revoked: March 30, 1996. License Number: 3906. BILLING CODE 6712±01±M Reason: Failed to maintain a valid Name: The Maust Corporation. surety bond. Address: 1762 6th Avenue South, License Number: 3569. Seattle, WA 98124. Date Revoked: May 3, 1996. FEDERAL MARITIME COMMISSION Name: Cojan Corporation d/b/a Ambassador International Services. Reason: Surrendered license Request for Additional Information Address: 7035 West 65th Street, voluntarily. Bedford Park, IL 60638. License Number: 3491. Agreement No.: 202–010424–032. Date Revoked: March 26, 1996. Name: Tsuyoshi Nakamura d/b/a T. Title: United States Atlantic and Gulf Reason: Surrendered license Nakamura CHB. Hispaniola Steamship Freight voluntarily. Address: 12620 Yukon Avenue, Association. Hawthorne, CA 90250. License Number: 2613. Parties: Crowley American Transport, Date Revoked: March 28, 1996. Inc., NPR, Inc. d/d/a Navieras, A.P. Name: Condor Shipping Company Reason: Failed to maintain a valid Moller-Maersk Line, Sea-Land Service, Inc. surety bond. Address: 35–35 149th Street, Inc. Bryant L. VanBrakle, Synopsis: Notice is hereby given that Flushing, NY 11354. Date Revoked: March 23, 1996. Director, Bureau of Tariffs, Certification and the Federal Maritime Commission Licensing. pursuant to section 6(d) of the Shipping Reason: Failed to maintain a valid surety bond. [FR Doc. 96–12648 Filed 5–20–96; 8:45 am] Act of 1984 (46 U.S.C. app. 1701–1720) BILLING CODE 6730±01±M has requested additional information License Number: 3045. from the parties to the Agreement in Name: General Cargo Services, Inc. Address: 1374 N.W. 78th Avenue, order to complete the statutory review FEDERAL RESERVE SYSTEM of Agreement No. 202–010424–032 as Miami, FL 33126. required by the Act. This action extends Date Revoked: April 25, 1996. Change in Bank Control Notices; the review period as provided in section Reason: Failed to maintain a valid Acquisitions of Shares of Banks or 6(c) the Act. surety bond. Bank Holding Companies Dated: May 16, 1996. License Number: 2609. Name: Jose Regil-Martinez d/b/a Regil The notificants listed below have By Order of the Federal Maritime applied under the Change in Bank Commission. International Transportation Company. Address: 932 Crestview Drive, Control Act (12 U.S.C. 1817(j)) and § Joseph C. Polking, Pasadena, CA 91107. 225.41 of the Board’s Regulation Y (12 Secretary. Date Revoked: April 6, 1996. CFR 225.41) to acquire a bank or bank [FR Doc. 96–12740 Filed 5–20–96; 8:45 am] Reason: Failed to maintain a valid holding company. The factors that are BILLING CODE 6730±01±M surety bond. considered in acting on the notices are License Number: 2741. set forth in paragraph 7 of the Act (12 Name: La Montana Moving & Storage, U.S.C. 1817(j)(7)). Ocean Freight Forwarder License Inc. The notices are available for Revocations Address: 1976 Crotona Parkway, immediate inspection at the Federal The Federal Maritime Commission Bronx, NY 10460. Reserve Bank indicated. Once the hereby gives notice that the following Date Revoked: March 29, 1996. notices have been accepted for freight forwarder licenses have been Reason: Failed to maintain a valid processing, they will also be available revoked pursuant to section 19 of the surety bond. for inspection at the offices of the Board of Governors. Interested persons may Shipping Act of 1984 (46 U.S.C. app. License Number: 2625. express their views in writing to the 1718) and the regulations of the Name: Manufacturers Export Service, Reserve Bank indicated for that notice Commission pertaining to the licensing Inc. or to the offices of the Board of of ocean freight forwarders, effective on Address: 8501 Inkster Road, Taylor, Governors. Comments must be received the corresponding revocation dates MI 48180. shown below: not later than June 5, 1996. Date Revoked: April 28, 1996. A. Federal Reserve Bank of Atlanta License Number: 1466. Reason: Failed to maintain a valid (Zane R. Kelley, Vice President) 104 Name: Ana T. Binns d/b/a AAA surety bond. Marietta Street, N.W., Atlanta, Georgia International Shipping. License Number: 1730. 30303: Address: 5730 W. Manchester Blvd., Name: Reliable International Inc. 1. Eldon Bracton Thoma, II, Los Angeles, CA 90045. Address: 550 Division Street, Tullahoma, Tennessee; to acquire an Date Revoked: January 13, 1996. Elizabeth, NJ 07201. additional 4.47 percent, for a total of Reason: Failed to maintain a valid Date Revoked: March 13, 1996. 27.82 percent, and Eldon Bracton surety bond. Reason: Failed to maintain a valid Thoma, III, Tullahoma, Tennessee, to License Number: 3811. surety bond. acquire an additional 4.27 percent, for a Name: Ben Odihirin Company, Inc. License Number: 2750. total of 25.01 percent, of the voting Address: 690 Wainwright Street, Name: Right-O-Way Ocean Transport shares of FN BancCorp., Inc., Union, NJ 07083. International, Inc. d/b/a Tullahoma, Tennessee, and thereby Date Revoked: March 28, 1996. Eurocontinental, The Right-O-Way indirectly acquire First National Bank of Reason: Failed to maintain a valid Maritime Co. Tullahoma, Tullahoma, Tennessee. surety bond. Address: 180 South Prospect Avenue, B. Federal Reserve Bank of Chicago License Number: 3860. Tustin, CA 92680. (James A. Bluemle, Vice President) 230 25492 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices

South LaSalle Street, Chicago, Illinois aggrieved by approval of the proposal. Y, (12 CFR part 225) to engage de novo, 60690: Unless otherwise noted, nonbanking or to acquire or control voting securities 1. Jean W. Lange, Winterset, Iowa; to activities will be conducted throughout or assets of a company that engages acquire an additional 35.44 percent, for the United States. either directly or through a subsidiary or a total of 38.28 percent of the voting Unless otherwise noted, comments other company, in a nonbanking activity shares of Madison Holding Company, regarding each of these applications that is listed in § 225.25 of Regulation Winterset, Iowa, and thereby indirectly must be received at the Reserve Bank Y (12 CFR 225.25) or that the Board has acquire Union State Bank, Winterset, indicated or the offices of the Board of determined by Order to be closely Iowa. Governors not later than June 14, 1996. A. Federal Reserve Bank of Cleveland related to banking and permissible for Board of Governors of the Federal Reserve bank holding companies. Unless System, May 15, 1996. (John J. Wixted, Jr., Vice President) 1455 East Sixth Street, Cleveland, Ohio otherwise noted, these activities will be Jennifer J. Johnson, conducted throughout the United States. Deputy Secretary of the Board. 44101: 1. F.N.B. Corporation, Hermitage, Each notice is available for inspection [FR Doc. 96–12680 Filed 5–20–96; 8:45 am] Pennsylvania; to acquire 100 percent of at the Federal Reserve Bank indicated. BILLING CODE 6210±01±F the voting shares of Southwest Bank, Once the notice has been accepted for Inc., Naples, Florida, and thereby processing, it will also be available for Formations of, Acquisitions by, and indirectly acquire First National Bank of inspection at the offices of the Board of Mergers of Bank Holding Companies Naples, Naples, Florida, and Cape Coral Governors. Interested persons may National Bank, Cape Coral, Florida. express their views in writing on the The companies listed in this notice B. Federal Reserve Bank of Atlanta question whether the proposal complies have applied to the Board for approval, (Zane R. Kelley, Vice President) 104 with the standards of section 4 of the pursuant to the Bank Holding Company Marietta Street, N.W., Atlanta, Georgia BHC Act, including whether 30303: Act of 1956 (12 U.S.C. 1841 et seq.) consummation of the proposal can (BHC Act), Regulation Y (12 CFR part 1. Palm Beach National Holding ‘‘reasonably be expected to produce 225), and all other applicable statutes Company, North Palm Beach, Florida; to benefits to the public, such as greater and regulations to become a bank become a bank holding company by holding company and/or to acquire the acquiring 100 percent of the voting convenience, increased competition, or assets or the ownership of, control of, or shares of Palm Beach National Bank & gains in efficiency, that outweigh the power to vote shares of a bank or Trust Company, North Palm Beach, possible adverse effects, such as undue bank holding company and all of the Florida. concentration of resources, decreased or banks and nonbanking companies C. Federal Reserve Bank of Dallas unfair competition, conflicts of owned by the bank holding company, (Genie D. Short, Vice President) 2200 interests, or unsound banking practices’’ including the companies listed below. North Pearl Street, Dallas, Texas 75201- (12 U.S.C. 1843). Any request for a The applications listed below, as well 2272: hearing on this question must be as other related filings required by the 1. Thera Holding Partners, Inc., accompanied by a statement of the Board, are available for immediate Houston, Texas (in formation); to reasons a written presentation would inspection at the Federal Reserve Bank become a bank holding company by not suffice in lieu of a hearing, indicated. Once the application has acquiring 33 percent of the voting shares identifying specifically any questions of been accepted for processing, it will also of Citizens Bankers, Inc., Baytown, fact that are in dispute, summarizing the be available for inspection at the offices Texas, and thereby indirectly acquire evidence that would be presented at a of the Board of Governors. Interested 100 percent of the voting shares of hearing, and indicating how the party persons may express their views in Citizens Bankers of Delaware, Inc., commenting would be aggrieved by writing on the standards enumerated in Wilmington, Delaware; 96.9 percent of approval of the proposal. the BHC Act (12 U.S.C. 1842(c)). If the the voting shares of Baytown State proposal also involves the acquisition of Bank, Baytown, Texas; 98.6 percent of Unless otherwise noted, comments a nonbanking company, the review also the voting shares of Citizens Bank and regarding the applications must be includes whether the acquisition of the Trust Company of Baytown, Baytown, received at the Reserve Bank indicated nonbanking company complies with the Texas; and 100 percent of the voting or the offices of the Board of Governors standards in section 4 of the BHC Act, shares of Pasadena State Bank, not later than June 5, 1996. including whether the acquisition of the Pasadena, Texas. A. Federal Reserve Bank of San nonbanking company can ‘‘reasonably Board of Governors of the Federal Reserve Francisco (Kenneth R. Binning, be expected to produce benefits to the System, May 15, 1996. Director, Bank Holding Company) 101 public, such as greater convenience, Jennifer J. Johnson, Market Street, San Francisco, California increased competition, or gains in Deputy Secretary of the Board. 94105: efficiency, that outweigh possible adverse effects, such as undue [FR Doc. 96–12681 Filed 5–20–96; 8:45 am] 1. Community Bancshares, Inc., concentration of resources, decreased or BILLING CODE 6210±01±F Joseph, Oregon; to acquire Citizens Title unfair competition, conflicts of and Escrow Service, Inc., Enterprise, Oregon, and thereby engage in interests, or unsound banking practices’’ Notice of Proposals To Engage in (12 U.S.C. 1843). Any request for insurance agency activities, including Permissible Nonbanking Activities or the sale of title insurance, in small a hearing must be accompanied by a To Acquire Companies That are statement of the reasons a written towns and escrow service activities, Engaged in Permissible Nonbanking pursuant to §§ 225.25(b)(8)(iii) and presentation would not suffice in lieu of Activities a hearing, identifying specifically any 225.25(b)(3) of the Board’s Regulation Y. questions of fact that are in dispute, The companies listed in this notice These activities will be conducted summarizing the evidence that would have given notice under section 4 of the throughout Enterprise, Oregon, and be presented at a hearing, and indicating Bank Holding Company Act (12 U.S.C. surrounding area not to exceed 5,000 in how the party commenting would be 1843) (BHC Act) and Regulation population. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25493

Board of Governors of the Federal Reserve unfair or deceptive acts or practices and collagen sausage casings in the United System, May 15, 1996. unfair methods of competition, this States and Canada. If the transaction is Jennifer J. Johnson, consent order prohibits, among other not completed in the prescribed time, Deputy Secretary of the Board. things, a Florida-based company, that the Commission may appoint a trustee [FR Doc. 96–12682 Filed 5–20–96; 8:45 am] produces franchise trade shows and to divest the assets. BILLING CODE 6210±01±F expositions, from misrepresenting the DATES: Complaint and Order issued sales, income or profits, or the success April 3, 1996.1 rate of franchise owners, unless it SUPPLEMENTARY INFORMATION: On FEDERAL TRADE COMMISSION possesses and relies upon competent Tuesday, December 19, 1995, there was and reliable scientific evidence to published in the Federal Register, 60 FR [Dkt. No. 5794] support the claims. In addition, the 65328, a proposed consent agreement respondent is prohibited from Atlas Supply Company; Prohibited with analysis In the Matter of Devro misrepresenting the validity, results, Trade Practices and Affirmative International plc, et al., for the purpose contents, conclusions, or interpretations Corrective Actions of soliciting public comment. Interested of any survey, test, poll or study. parties were given sixty (60) days in AGENCY: Federal Trade Commission. DATES: Complaint and Order issued which to submit comments, suggestions ACTION: Set aside order. December 22, 1995.1 or objections regarding the proposed FOR FURTHER INFORMATION CONTACT: form of the order. SUMMARY: This order reopens a 1951 Tom Cohn, FTC/H–238, Washington, Comments were filed and considered consent order—which prohibited Atlas DC 20580, (202) 326–3532. by the Commission. The Commission from receiving illegal allowances or SUPPLEMENTARY INFORMATION: On has ordered the issuance of the knowingly accepting or inducing Thursday, October 12, 1995, there was complaint in the form contemplated by discriminatory prices in their purchase published in the Federal Register, 60 FR the agreement, made its jurisdictional of automotive tires, tubes, batteries, 53186, a proposed consent agreement findings and entered an order to divest, accessories or other automobile with analysis In the Matter of Blenheim as set forth in the proposed consent products—and sets aside the consent Expositions, Inc., for the purpose of agreement, in disposition of this order pursuant to the Commission’s soliciting public comment. Interested proceeding. Sunset Policy Statement, under which parties were given sixty (60) days in (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret the Commission presumes that the which to submit comments, suggestions or apply sec. 5, 38 Stat. 719, as amended; sec. public interest requires terminating or objections regarding the proposed 7, 38 Stat. 731, as amended; 15 U.S.C. 45, 18) competition orders that are more than form of the order. Donald S. Clark, 20 years old. No comments having been received, Secretary DATES: Consent order issued July 19, the Commission has ordered the [FR Doc. 96–12702 Filed 5–20–96; 8:45 am] 1951. Set aside order issued August 24, issuance of the complaint in the form BILLING CODE 6750±01±M 1995.1 contemplated by the agreement, made FOR FURTHER INFORMATION CONTACT: its jurisdictional findings and entered Daniel Ducore, FTC/S–2115, an order to cease and desist, as set forth [Dkt. C±3636] Washington, D.C. 20580, (202) 326– in the proposed consent agreement, in 2526. disposition of this proceeding. Johnson & Johnson Consumer SUPPLEMENTARY INFORMATION: In the Products, Inc.; Prohibited Trade (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets Practices, and Affirmative Correction Matter of Atlas Supply Company. The or applies sec. 5, 38 Stat. 719, as amended; prohibited trade practices and/or 15 U.S.C. 45) Actions corrective actions are removed as Donald S. Clark, AGENCY: Federal Trade Commission. indicated. Secretary. ACTION: Consent order. (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret [FR Doc. 96–12701 Filed 5–20–96; 8:45 am] or apply sec. 5, 38 Stat. 719, as amended; BILLING CODE 6750±01±M SUMMARY: In settlement of alleged Sec. 2, 49 Stat. 1526; 15 U.S.C. 45, 13) violations of federal law prohibiting Donald S. Clark, unfair or deceptive acts or practices and [Dkt. C±3650] Secretary. unfair methods of competition, this consent order prohibits, among other [FR Doc. 96–12700 Filed 5–20–96; 8:45 am] Devro International plc, et al.; things, a New Jersey-based personal BILLING CODE 6750±01±M Prohibited Trade Practices, and health-care products company and its Affirmative Corrective Actions parent corporation from misrepresenting [Dkt. C±3633] AGENCY: Federal Trade Commission. the results or conclusions of any test or ACTION: Consent order. study concerning any over-the-counter Blenheim Expositions, Inc.; Prohibited products with a use relating to human Trade Practices, and Affirmative SUMMARY: In settlement of alleged reproduction, reproductive organs or Corrective Actions violations of federal law prohibiting sexually transmitted diseases (STDs). It unfair or deceptive acts or practices and AGENCY: Federal Trade Commission. requires the respondent to have unfair methods of competition, this ACTION: Consent order. competent and reliable scientific consent order requires, among other evidence for any claims regarding the SUMMARY: In settlement of alleged things, the respondents to divest, within efficacy of over-the-counter violations of federal law prohibiting three months to a Commission-approved contraceptives or products to protect acquirer, the assets they use to produce 1 Copies of the Consent Order and Set Aside 1 Copies of the Complaint, the Decision and Order are available from the Commission’s Public 1 Copies of the Complaint and the Decision and Order, and Commissioner Azuenaga’s statement are Reference Branch, H–130, 6th Street and Order are available from the Commission’s Public available from the Commission’s Public Reference Pennsylvania Avenue, N.W., Washington, D.C. Reference Branch, H–130, 6th Street and Branch, H–130, 6th Street & Pennsylvania Avenue, 20580. Pennsylvania Avenue NW., Washington, DC 20580. N.W., Washington, D.C. 20580. 25494 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices against STDs. In addition, the prescribed time, a trustee may be DATES: Complaint and Order issued respondent must have competent and appointed to divest the four plants. March 26, 1996.1 reliable scientific evidence to DATES: Compliant and Order issued FOR FURTHER INFORMATION CONTACT: Joel substantiate the advertising claims of April 1, 1996.1 Winston, FTC/S–4002, Washington, any personal lubricant and/or FOR FURTHER INFORMATION CONTACT: D.C. 20580, (202) 326–3153. spermicide. Ann Malester, FTC/S–2308, SUPPLEMENTARY INFORMATION: On DATES: Complaint and Order issued Washington, DC 20580, (202) 326–2682. Tuesday, December 12, 1995, there was January 18, 1996.1 SUPPLEMENTARY INFORMATION: On published in the Federal Register, 60 FR FOR FURTHER INFORMATION CONTACT: Monday, January 22, 1996, there was 63717, a proposed consent agreement Linda Badger or Matthew Gold, FTC/ published in the Federal Register 61 FR with analysis In the Matter of Safe San Francisco Regional Office, 901 1573, a proposed consent agreement Brands Corporation, et al., for the Market Street, Suite 570, San Francisco, with analysis in the matter of Praxair, purpose of soliciting public comment. CA 94103. Inc., for the purpose of soliciting public Interested parties were given sixty (60) SUPPLEMENTARY INFORMATION: On Friday, comment. Interested parties were given days in which to submit comments, October 27, 1995, there was published sixty (60) days in which to submit suggestions or objections regarding the in the Federal Register, 60 FR 55033, a comments, suggestions or objections proposed form of the order. proposed consent agreement with regarding the proposed form of the No comments having been received, analysis In the Matter of Johnson & order. the Commission has ordered the Johnson Consumer Products, Inc., for No comments having been received, issuance of the complaint in the form the purpose of soliciting public the Commission has ordered the contemplated by the agreement, made comment. Interested parties were given issuance of the complaint in the form its jurisdictional findings and entered sixty (60) days in which to submit contemplated by the agreement, made an order to cease and desist, as set forth comments, suggestions or objections its jurisdictional findings and entered in the proposed consent agreement, in regarding the proposed form of the an order to divest, as set forth in the disposition of this proceeding. order. proposed consent agreement, in (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets No comments having been received, disposition of this proceeding. or applies sec. 5, 38 Stat. 719, as amended; the Commission has ordered the 15 U.S.C. 45) issuance of the complaint in the form (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or apply sec. 5, 38 Stat. 719, as amended; sec. Donald S. Clark, contemplated by the agreement, made Secretary. its jurisdictional findings and entered 7, 38 Stat. 731, as amended; 15 U.S.C. 45, 18) [FR Doc. 96–12705 Filed 5–20–96; 8:45 am] an order to cease and desist, as set forth Donald S. Clark, in the proposed consent agreement, in Secretary. BILLING CODE 6750±01±M disposition of this proceeding. [FR Doc. 96–12704 Filed 5–20–96; 8:45 am] (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets BILLING CODE 6750±01±M [Dkt. C±3649] or applies sec. 5, 38 Stat. 719, as amended; 15 U.S.C. 45, 52) The Stop & Shop Companies, Inc., et Donald S. Clark, [Dkt. C±3647] al.; Prohibited Trade Practices, and Secretary. Affirmative Corrective Actions Safe Brands Corporation, et al.; [FR Doc. 96–12703 Filed 5–20–96; 8:45 am] AGENCY: Federal Trade Commission. BILLING CODE 6750±01±M Prohibited Trade Practices, and Affirmative Corrective Actions ACTION: Consent order. SUMMARY: [Dkt C±3648] AGENCY: Federal Trade Commission. In settlement of alleged violations of federal law prohibiting ACTION: Consent order. Praxair, Inc.; Prohibited Trade unfair or deceptive acts or practices and Practices, and Affirmative Corrective SUMMARY: In settlement of alleged unfair methods of competition, this Actions violations of federal law prohibiting consent order requires, among other unfair or deceptive acts or practices and things, the respondents to divest 17 AGENCY: Federal Trade Commission. unfair methods of competition, this supermarkets, within nine months, to ACTION: Consent order. consent order requires the respondents, Commission-approved acquirers. If the respondents fail to satisfy any of the SUMMARY: In settlement of alleged among other things, to have reliable divestiture provisions, the Commission violations of federal law prohibiting scientific evidence to substantiate may appoint a trustee to divest the unfair or deceptive acts or practices and certain claims regarding the supermarkets. unfair methods of competition, this environmental benefits, the level of consent order requires, among other engine protection and the safety of any DATES: Complaint and Order issued things, Praxair, Inc., a Connecticut antifreeze, coolant or deicer. The April 2, 1996.1 corporation, to divest, within 12 months consent order also requires the FOR FURTHER INFORMATION CONTACT: to Commission-approved acquirers, four respondents to provide a disclosure Ronald Rowe, FTC/S–2602, CBI atmospheric gases production statement cautioning consumers that Washington, DC 20580, (202) 326–2610. plants, located in Vacaville and Sierra antifreeze may be harmful if Irwindale, California; Bozrah, swallowed. In addition, the consent 1 Copies of the Complaint and Decision and Order order prohibits the respondents from are available from the Commission’s Public Connecticut; and Madison, Wisconsin. Reference Branch, H–130, 6th Street & Pennsylvania If the transaction is not completed in the misrepresenting the recyclability of Avenue, N.W., Washington, D.C. 20580. such products and their packages. 1 Copies of the Complaint, the Decision and 1 Copies of the Complaint, the Decision and Order, and Commissioner Azcuenaga’s statement Order, and Commissioner Azcuenaga’s statement 1 Copies of the Complaint and the Decision and are available from the Commission’s Public are available from the Commission’s Public Order are available from the Commission’s Public Reference Branch, H–130, 6th Street and Reference Branch, H–130, 6th Street & Pennsylvania Reference Branch, H–130, 6th Street and Pennsylvania Avenue NW., Washington, D.C. Avenue NW., Washington, D.C. 20580. Pennsylvania Avenue, NW., Washington, DC 20580. 20580. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25495

SUPPLEMENTARY INFORMATION: On corrective actions are removed as than radionuclides present at INEL (e.g., Wednesday, November 8, 1995, there indicated. chemicals: most toxic and carcinogenic). was published in the Federal Register, Authority: Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Agenda items are subject to change as 60 FR 56338, a proposed consent Interpret or apply sec. 5, 38 Stat. 719, as priorities dictate. agreement with analysis In the Matter of amended; sec. 7, 38 Stat. 731, as amended; Contact Persons For More The Stop & Shop Companies, Inc., et al., 15 U.S.C. 45, 18) Information: Arthur J. Robinson or for the purpose of soliciting public Donald S. Clark, Nadine Dickerson, Radiation Studies comment. Interested parties were given Secretary. Branch, Division of Environmental sixty (60) days in which to submit [FR Doc. 96–12707 Filed 5–20–96; 8:45 am] Hazards and Health Effects, NCEH, CDC, comments, suggestions or objections 4770 Buford Highway, NE, M/S F–35, regarding the proposed form of the BILLING CODE 6750±01±M Atlanta, Georgia 30341–3724, telephone order. 770/488–7040, FAX 770/488–7044. No comments having been received, Dated: May 15, 1996. the Commission has ordered the DEPARTMENT OF HEALTH AND John C. Burckhardt, HUMAN SERVICES issuance of the complaint in the form Acting Director, Management Analysis and contemplated by the agreement, made Centers for Disease Control and Services Office, Centers for Disease Control its jurisdictional findings and entered and Prevention (CDC). Prevention an order to divest, as set forth in the [FR Doc. 96–12686 Filed 5–20–96; 8:45 am] proposed consent agreement, in BILLING CODE 4163±18±M disposition of this proceeding. Citizens Advisory Committee on Public Health Service Activities and Research (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets at Department of Energy (DOE) Sites: or applies sec. 5, 38 Stat. 719, as amended; Idaho National Engineering Laboratory Food and Drug Administration 15 U.S.C. 45) Health Effects Subcommittee [Docket No. 92N±0438] Donald S. Clark, Secretary. In accordance with section 10(a)(2) of Worldwide Biologicals, Inc.; [FR Doc. 96–12706 Filed 5–20–96; 8:45 am] the Federal Advisory Committee Act Revocation of U.S. License No. 832± BILLING CODE 6750±01±M (Pub. L. 92–463), the Centers for Disease 003 Control and Prevention (CDC) announce the following meeting. AGENCY: Food and Drug Administration, [Dkt. C±3244] Name: Citizens Advisory Committee HHS. West Point-Pepperell, Inc.; Prohibited on Public Health Service Activities and ACTION: Notice. Research at Department of Energy (DOE) Trade Practices and Affirmative SUMMARY: The Food and Drug Corrective Actions Sites: Idaho National Engineering Laboratory Health Effects Subcommittee Administration (FDA) is announcing the AGENCY: Federal Trade Commission. (INEL). revocation of the establishment license ACTION: Set aside order. Times and Dates: 8 a.m.–5 p.m., June (U.S. License No. 832–003) and the 5, 1996; 7 p.m.–9 p.m., June 5, 1996; 8 product license issued to Worldwide SUMMARY: This order reopens a 1988 a.m.–12:15 p.m., June 6, 1996. Biologicals, Inc., for the manufacture of consent order—which required West Place: Quality Inn Pocatello Park Source Plasma. A notice of opportunity Point to divest certain towel and sheet Hotel, 1555, Pocatello Creek Road, for a hearing on a proposal to revoke the manufacturing facilities and prohibited Pocatello, Idaho 83201. licenses was published in the Federal West Point, for 10 years, from making Status: Open to the public, limited Register of March 22, 1993. Worldwide certain acquisitions in the sheet and only by the space available. The meeting Biologicals, Inc., subsequently requested towel industries without prior room accommodates approximately 50 a hearing. In a separate legal proceeding, Commission approval—and sets aside people. the responsible head of Worldwide the consent order pursuant to the Purpose: The Subcommittee is Biologicals, Inc., voluntarily Commission’s Prior Approval Policy charged with providing advice and surrendered U.S. License No. 832–003 Statement, under which the recommendations to the Director, CDC, pursuant to a plea agreement with the Commission presumes that the public and the Administrator, ATSDR, United States Attorney for the Southern interest requires setting aside the prior regarding community, American Indian District of Ohio and the Office of approval requirements in outstanding Tribes, and labor concerns pertaining to Consumer Litigation, United States merger orders and making them CDC’s and ATSDR’s public health Department of Justice, which consistent with that policy. activities and research at respective represented FDA in the proceeding. In DATES: Consent order issued December DOE sites. Activities shall focus on light of Worldwide Biologicals, Inc.’s, 14, 1988. Set aside order issued October providing a forum for community, surrender of its license, the firm’s 4, 1995.1 American Indian Tribal, and labor request for an opportunity for a hearing FOR FURTHER INFORMATION CONTACT: interaction and serve as a vehicle for on the issue of license revocation Daniel Ducore, FTC/S–2115, community concern to be expressed as became moot. FDA, therefore, Washington, D.C. 20580, (202) 326– advice and recommendations to CDC proceeded to revoke the licenses. 2526. and ATSDR. DATES: The revocation of the SUPPLEMENTARY INFORMATION: In the Matters To Be Discussed: Agenda establishment license (U.S. License No. Matter of West Point-Pepperell, Inc. The items include: the Biological Effects of 832–003) and product license became prohibited trade practices and/or Radiation—Radionuclides releases other effective September 29, 1994. than plutonium that could cause health FOR FURTHER INFORMATION CONTACT: 1 Copies of the Consent Order and Set Aside effects, declassification issues, high Stephen M. Ripley or Tracey H. Forfa, Order are available from the Commission’s Public Reference Branch, H–130, 6th Street and efficiency particulate air filters, Center for Biologics Evaluation and Pennsylvania Avenue NW., Washington, D.C. environmental monitoring—past and Research (HFM–635), Food and Drug 20580. present, discussion of Phase I, and other Administration, 1401 Rockville Pike, 25496 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices

Rockville, MD 20852–1448, 301–594– proposed license revocation. In the Grassroots Regulatory Partnership 3074. letter of May 20, 1993, Worldwide Meeting; Pacific Region San Francisco SUPPLEMENTARY INFORMATION: FDA has Biologicals, Inc., submitted its request District Office; Medicated Feed revoked the establishment license (U.S. for a hearing and set forth information Industry and factual analyses to support its License No. 832–003) and the product AGENCY: Food and Drug Administration, license for the manufacture of Source request. HHS. Plasma issued to Worldwide While the request for a hearing was ACTION: Notice of a public meeting. Biologicals, Inc., 508–A Owen Dr., pending, representatives of the U.S. Fayetteville, NC 28304. Department of Justice, on behalf of FDA, SUMMARY: The Food and Drug By letter dated June 15, 1992, issued charged the responsible head of Administration (FDA) (Office of pursuant to 21 CFR 601.5(b), FDA Worldwide Biologicals, Inc., with External Affairs, Office of Regulatory notified the firm of FDA’s intent to criminal violations of Federal laws Affairs, Office of the Pacific Region, and revoke U.S. License No. 832–003 and the Center for Veterinary Medicine) is governing the manufacturing, labeling, announced its intent to offer an announcing a free public meeting as a and shipping of human blood plasma. opportunity for a hearing. In a facsimile followup to a meeting held in April dated June 24, 1992, the firm notified On April 6, 1994, the responsible head 1995. FDA’s San Francisco District FDA of its intent to request a hearing on entered into a plea agreement with the Office (Pacific Region) and the Center the proposed license revocation. United States Attorney for the Southern for Veterinary Medicine will meet with In the Federal Register of March 22, District of Ohio and the Office of interested persons in the Pacific Region 1993 (58 FR 15351), FDA issued a notice Consumer Litigation, United States to address specific issues related to the of opportunity for a hearing, pursuant to Department of Justice. In a superseding medicated feed industry to help the 21 CFR 12.21(b), on the proposal to plea agreement filed on April 29, 1994, industry comply with FDA regulations. revoke the establishment license (U.S. with the clerk of the United States The agency is holding this meeting to License No. 832–003) and product District Court, Southern District of Ohio, promote the President’s initiative for a license issued to Worldwide Biologicals, Western Division, the responsible head partnership approach with front-line Inc., for the manufacture of Source of the firm agreed to surrender U.S. regulators and the people affected by the Plasma. As described in the notice of License No. 832 immediately upon work of this agency. opportunity for a hearing, the grounds sentencing. Sentencing took place on DATES: The public meeting will be held for the proposed license revocation September 23, 1994. FDA notified on Friday, May 31, 1996, from 8 a.m. to included the following: (1) The results Worldwide Biologicals, Inc., by letter of 4:30 p.m. of FDA inspections of the firm September 29, 1994, that the licenses ADDRESSES: The public meeting will be conducted from June 24 through July 2, had been revoked. held at the Red Lion Inn, 1401 Arden 1991; January 17 through January 27, Way, Sacramento, CA 95815. Attendees 1992; and May 5 and 6, 1992; as well Based on the voluntary surrender of U.S. License No. 832, Worldwide requiring overnight accommodations as from the inspection of Worldwide may contact the hotel at 916–922–8041. Biologicals, Inc., 1085 Ohio Pike, Biologicals Inc.’s request for a hearing on the issue of license revocation FOR FURTHER INFORMATION CONTACT: Cincinnati, OH, the site of the testing Regarding the Sacramento area: Karen became moot. Although the revocation laboratory approved to perform all L. Robles or Susan R. Nelson, Food and required testing for the Fayetteville proceedings that FDA initiated only Drug Administration, 650 Capitol Mall, facility, from July 18 through August 26, pertained to the firm’s Fayetteville, NC rm. 6002, Sacramento, CA 95814, 916– 1991; (2) a determination by FDA that location (U.S. License No. 832–003), the 498–6403 or 916–498–6400 or FAX the deviations documented during the surrender of U.S. License No. 832 affects 916–498–6401. inspections of the firm demonstrated all Worldwide Biologicals, Inc., Regarding the Fresno area: Robert J. significant noncompliance with the locations under that license. Anderson, Food and Drug applicable regulations and standards in Accordingly, under 21 CFR 601.5, Administration, 2202 Monterey St., the firm’s license; and (3) a section 351 of the Public Health Service suite 104E, Fresno, CA 93721, 209–487– determination by FDA that there was no Act (42 U.S.C. 262), and under authority 5321 or FAX 209–487–5305. assurance that the firm would properly delegated to the Commissioner of Food SUPPLEMENTARY INFORMATION: In the implement a corrective action plan that and Drugs (21 CFR 5.10) and Federal Register of April 20, 1995 (60 it had proposed. FDA’s determination redelegated to the Director, Center for FR 19753), FDA announced that a series was based on the firm’s failure to Biologics Evaluation and Research (21 of Grassroots Regulatory Partnerships adequately implement previously CFR 5.68), the establishment license meetings would be held. This document promised corrections. Documentation in announces a free public meeting as a (U.S. License No. 832–003) and the support of the proposed revocation had followup to the meetings held in April product license for the manufacture of been placed on file for public 1995. Those persons interested in Source Plasma issued to Worldwide examination with the Dockets attending this public meeting should Management Branch (HFA–305), Food Biologicals, Inc., were revoked, effective FAX their comments and registration and Drug Administration, rm. 1–23, September 29, 1994. including name, firm/organization, 12420 Parklawn Dr., Rockville, MD This notice is issued and published address, telephone and FAX numbers to 20857. under 21 CFR 601.8 and the the appropriate contact person listed Following publication of the notice of redelegation at 21 CFR 5.67. above, by Friday, May 24, 1996. opportunity for a hearing on March 22, There is no registration fee for this Dated: May 2, 1996. 1993, FDA’s Dockets Management meeting, but advance registration is Branch received two letters, dated April Kathryn C. Zoon, required. Space is limited and all 12, 1993, and May 20, 1993, from the Director, Center for Biologics Evaluation and interested parties are encouraged to firm’s responsible head. In the letter of Research. register early. The goals of this meeting April 12, 1993, Worldwide Biologicals, [FR Doc. 96–12688 Filed 5–20–96; 8:45 am] are to listen to concerns and ideas, and Inc., requested a hearing on the BILLING CODE 4160±01±F to identify next steps for the agency. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25497

Dated: May 15, 1996. agency withdraws or suspends approval that it does not intend to make a generic William K. Hubbard, of the drug’s NDA or ANDA for reasons drug that refers to Glynase PresTab Associate Commissioner for Policy of safety or effectiveness, or if FDA tablets available for sale until the Coordination. determines that the listed drug was expiration of the patent. Between now [FR Doc. 96–12650 Filed 5–20–96; 8:45 am] withdrawn from sale for reasons of and the time an ANDA for glyburide BILLING CODE 4160±01±F safety or effectiveness (§ 314.162 (21 tablets 4.5 mg is submitted, approved, or CFR 314.162)). Another FDA regulation the approval goes into effect, FDA may also provides that the agency must make obtain new information on the safety [Docket No. 95P±0285] a determination as to whether a listed and effectiveness of glyburide tablets drug was withdrawn from sale for Determination That Glyburide Tablets that will prevent the agency from reasons of safety or effectiveness before 4.5 Milligrams Was Not Withdrawn receiving or approving the ANDA. an ANDA that refers to that listed drug Dated: May 15, 1996. From Sale for Reasons of Safety or may be approved (§ 314.161(a)(1) (21 Effectiveness CFR 314.161(a)(1))). FDA may not William K. Hubbard, Associate Commissioner for Policy AGENCY: approve an ANDA that does not refer to Food and Drug Administration, Coordination. HHS. a listed drug. [FR Doc. 96–12759 Filed 5–20–96; 8:45 am] ACTION: Notice. Novopharm Ltd., submitted a citizen petition, dated August 21, 1995 (Docket BILLING CODE 4160±01±F SUMMARY: The Food and Drug No. 95P–0285/CP1), under 21 CFR 10.25(a) and 10.30 requesting that the Administration (FDA) has determined [Docket No. 95P±0128] that glyburide (Glynase PresTab) agency determine whether glyburide tablets 4.5 milligrams (mg) was not tablets 4.5 mg was withdrawn from sale Determination That Hydrocortisone withdrawn from sale for reasons of for reasons of safety or effectiveness Acetate Topical Ointment 2.5% Was safety or effectiveness. This and, if the agency determines that the Not Withdrawn From Sale for Reasons determination will allow sponsors to drug was not withdrawn from sale for of Safety or Effectiveness submit abbreviated new drug reasons of safety or effectiveness, to applications (ANDA’s) for glyburide keep the drug in the ‘‘Approved Drug AGENCY: Food and Drug Administration, tablets 4.5 mg. Products with Therapeutic Equivalence HHS. Evaluations.’’ Glyburide tablets 4.5 mg, FOR FURTHER INFORMATION CONTACT: ACTION: Notice. along with the 1.5-mg, 3-mg, and 6-mg Wayne H. Mitchell, Center for Drug strengths, is the subject of approved Evaluation and Research (HFD–7), Food SUMMARY: The Food and Drug NDA 20–051 held by the Upjohn Co. and Drug Administration, 7500 Standish Administration (FDA) has determined (Upjohn). Upjohn obtained approval to  Pl., Rockville, MD 20855, 301–594– that hydrocortisone (Cortef ) acetate market the 4.5-mg strength of glyburide 1049. topical ointment 2.5% was not tablets on September 24, 1993. Upjohn withdrawn from sale for reasons of SUPPLEMENTARY INFORMATION: In 1984, has never marketed the 4.5-mg strength safety or effectiveness. This Congress passed into law the Drug Price of glyburide tablets. FDA has determination will allow sponsors to Competition and Patent Term determined, for purposes of §§ 314.161 submit abbreviated new drug Restoration Act of 1984 (Pub. L. 98–417) and 314.162(c), that never marketing an applications (ANDA’s) for (the 1984 amendments), which approved drug product is equivalent to hydrocortisone acetate topical ointment authorized the approval of duplicate withdrawing the drug for sale. 2.5%. versions of drug products approved FDA has reviewed its records and, FOR FURTHER INFORMATION CONTACT: under an ANDA procedure. ANDA under §§ 314.161 and 314.162(c), has sponsors must, with certain exceptions, determined that glyburide tablets 4.5 mg Wayne H. Mitchell, Center for Drug show that the drug for which they are was not withdrawn from sale for reasons Evaluation and Research (HFD–7), Food seeking approval contains the same of safety or effectiveness and will and Drug Administration, 7500 Standish active ingredient in the same strength continue to list glyburide tablets 4.5 mg Pl., Rockville, MD 20855, 301–594– and dosage form as the listed drug, in the ‘‘Discontinued Drug Product List’’ 1049. which is a version of the drug that was contained in the ‘‘Approved Drug SUPPLEMENTARY INFORMATION: In 1984, previously approved under a new drug Products with Therapeutic Equivalence Congress passed into law the Drug Price application (NDA). Sponsors of ANDA’s Evaluations.’’ The ‘‘Discontinued Drug Competition and Patent Term do not have to repeat the extensive Product List’’ lists, among other items, Restoration Act of 1984 (Pub. L. 98–417) clinical testing otherwise necessary to drug products that have been (the 1984 amendments), which gain approval of an NDA. The only discontinued from marketing for reasons authorized the approval of duplicate clinical data required in an ANDA are other than safety or effectiveness. versions of drug products approved data to show that the drug that is the ANDA’s that refer to glyburide tablets under an ANDA procedure. ANDA subject of the ANDA is bioequivalent to 4.5 mg may be submitted to the agency. sponsors must, with certain exceptions, the listed drug. The agency notes that there is a patent show that the drug for which they are The 1984 amendments included what listed in the Orange Book for Glynase seeking approval contains the same is now section 505(j)(6) of the Federal PresTab tablets that will not expire active ingredient in the same strength Food, Drug, and Cosmetic Act (the act) until April 10, 2007. This patent will and dosage form as the listed drug, (21 U.S.C. 355(j)(6)), which requires prevent FDA from approving ANDA’s which is a version of the drug that was FDA to publish a list of all approved that refer to Glynase PresTab tablets previously approved under a new drug drugs. FDA publishes this list as part of with an effective date before April 10, application (NDA). Sponsors of ANDA’s the ‘‘Approved Drug Products with 2007, if the patent is valid and the do not have to repeat the extensive Therapeutic Equivalence Evaluations,’’ manufacture, use, or sale of the drug clinical testing otherwise necessary to which is generally known as the product for which approval is being gain approval of an NDA. The only ‘‘Orange Book.’’ Under FDA regulations, sought would infringe the patent. clinical data required in an ANDA are drugs are withdrawn from the list if the Novopharm Ltd., states in its petition data to show that the drug that is the 25498 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices subject of the ANDA is bioequivalent to Dated: May 15, 1996. ‘‘Orange Book.’’ Under FDA regulations, the listed drug. William K. Hubbard, drugs are withdrawn from the list if the The 1984 amendments included what Associate Commissioner for Policy agency withdraws or suspends approval is now section 505(j)(6) of the Federal Coordination. of the drug’s NDA or ANDA for reasons Food, Drug, and Cosmetic Act (the act) [FR Doc. 96–12690 Filed 5–20–96; 8:45 am] of safety or effectiveness, or if FDA (21 U.S.C. 355(j)(6)), which requires BILLING CODE 4160±01±F determines that the listed drug was FDA to publish a list of all approved withdrawn from sale for reasons of drugs. FDA publishes this list as part of safety or effectiveness (§ 314.162 (21 the ‘‘Approved Drug Products with [Docket No. 93P±0322] CFR 314.162)). Regulations also provide Therapeutic Equivalence Evaluations,’’ that the agency must make a Determination that which is generally known as the determination as to whether a listed Medroxyprogesterone Acetate 100 ‘‘Orange Book.’’ Under FDA regulations, drug was withdrawn from sale for drugs are withdrawn from the list if the Milligrams per Milliliter Was Not reasons of safety or effectiveness before agency withdraws or suspends approval Withdrawn From Sale for Reasons of an ANDA that refers to that listed drug of the drug’s NDA or ANDA for reasons Safety or Effectiveness may be approved (§ 314.161(a)(1) (21 of safety or effectiveness, or if FDA AGENCY: Food and Drug Administration, CFR 314.161(a)(1))). FDA may not determines that the listed drug was HHS. approve an ANDA that does not refer to withdrawn from sale for reasons of a listed drug. ACTION: safety or effectiveness (§ 314.162 (21 Notice. On August 30, 1993, King & Spalding CFR 314.162)). Regulations also provide SUMMARY: The Food and Drug submitted a citizen petition (Docket No. that the agency must make a Administration (FDA) has determined 93P–0322/CP1) under 21 CFR 10.25(a) determination as to whether a listed that medroxyprogesterone acetate and 10.30 requesting that the agency drug was withdrawn from sale for (Depo-Provera) 100 milligrams per determine whether reasons of safety or effectiveness before milliliter (mg/mL) was not withdrawn medroxyprogesterone acetate 100 mg/ an ANDA that refers to that listed drug from sale for reasons of safety or mL was withdrawn from sale for reasons may be approved (§ 314.161(a)(1) (21 effectiveness. This determination will of safety or effectiveness and, if the CFR 314.161(a)(1))). FDA may not allow sponsors to submit abbreviated agency determines that the drug was not approve an ANDA that does not refer to new drug applications (ANDA’s) for withdrawn from sale for reasons of a listed drug. medroxyprogesterone acetate 100 mg/ safety or effectiveness, to keep the drug On May 12, 1995, Reed & Carnrick mL. in the ‘‘Approved Drug Products with Pharmaceuticals submitted a citizen Therapeutic Equivalence Evaluations.’’ FOR FURTHER INFORMATION CONTACT: petition (Docket No. 95P–0128/CP1) Medroxyprogesterone acetate 100 mg/ Wayne H. Mitchell, Center for Drug under 21 CFR 10.25(a) and 10.30 mL, along with the 400 mg/mL strength, Evaluation and Research (HFD–7), Food requesting that the agency determine is the subject of approved NDA 12–541 and Drug Administration, 7500 Standish whether hydrocortisone acetate topical held by the Upjohn Co. (Upjohn). On Pl., Rockville, MD 20855, 301–594– ointment 2.5% was withdrawn from December 1, 1992, Upjohn withdrew sale for reasons of safety or effectiveness 1049. medroxyprogesterone acetate 100 mg/ and, if the agency determines that the SUPPLEMENTARY INFORMATION: In 1984, mL from sale. drug was not withdrawn from sale for Congress passed into law the Drug Price FDA has reviewed its records and, reasons of safety or effectiveness, to Competition and Patent Term under §§ 314.161 and 314.162(c), has keep the drug in the ‘‘Approved Drug Restoration Act of 1984 (Pub. L. 98–417) determined that medroxyprogesterone Products with Therapeutic Equivalence (the 1984 amendments), which acetate 100 mg/mL was not withdrawn Evaluations.’’ Hydrocortisone acetate authorized the approval of duplicate from sale for reasons of safety or topical ointment 2.5%, along with the versions of drug products approved effectiveness and will continue to list 1% strength, is the subject of approved under an ANDA procedure. ANDA medroxyprogesterone acetate 100 mg/ NDA 8–917 held by the Upjohn Co. sponsors must, with certain exceptions, mL in the ‘‘Discontinued Drug Product (Upjohn). On July 28, 1953, Upjohn show that the drug for which they are List’’ contained in the ‘‘Approved Drug obtained approval to market the 2.5% seeking approval contains the same Products with Therapeutic Equivalence strength of hydrocortisone acetate active ingredient in the same strength Evaluations.’’ The ‘‘Discontinued Drug topical ointment. Upjohn withdrew the and dosage form as the listed drug, Product List’’ lists, among other items, drug from sale in 1991. which is a version of the drug that was drug products that have been FDA has reviewed its records and, previously approved under a new drug discontinued from marketing for reasons under §§ 314.161 and 314.162(c), has application (NDA). Sponsors of ANDA’s other than safety or effectiveness. determined that hydrocortisone acetate do not have to repeat the extensive ANDA’s that refer to topical ointment 2.5% was not clinical testing otherwise necessary to medroxyprogesterone acetate 100 mg/ withdrawn from sale for reasons of gain approval of an NDA. The only mL may be submitted to the agency. safety or effectiveness and will continue clinical data required in an ANDA are FDA has also considered the comment to list hydrocortisone acetate topical data to show that the drug that is the submitted by Upjohn, dated November ointment 2.5% in the ‘‘Discontinued subject of the ANDA is bioequivalent to 19, 1993, opposing an FDA Drug Product List’’ contained in the the listed drug. determination that ‘‘Approved Drug Products with The 1984 amendments included what medroxyprogesterone acetate 100 mg/ Therapeutic Equivalence Evaluations.’’ is now section 505(j)(6) of the Federal mL was withdrawn from the market for The ‘‘Discontinued Drug Product List’’ Food, Drug, and Cosmetic Act (21 U.S.C. reasons other than safety or lists, among other items, drug products 355(j)(6)), which requires FDA to effectiveness. The comment does not that have been discontinued from publish a list of all approved drugs. contain any information indicating that marketing for reasons other than safety FDA publishes this list as part of the the drug was withdrawn for reasons of or effectiveness. ANDA’s that refer to ‘‘Approved Drug Products with safety or effectiveness, but rather hydrocortisone acetate topical ointment Therapeutic Equivalence Evaluations,’’ indicates that Upjohn did not perceive 2.5% may be submitted to the agency. which is generally known as the a need to keep medroxyprogesterone Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25499 acetate in a 100 mg/mL strength on the Substance Abuse and Mental Health The NASMHPD Board of Directors, in market because the 400 mg/mL strength, Services Administration close collaboration with the NASMHPD which Upjohn also marketed, was Research Institute, and the Boards of viewed as a more convenient strength Programmatic Supplement to the Directors of the National Association of for the approved indication of Cooperative Agreement With the State Alcohol and Drug Abuse Directors adjunctive therapy and palliative National Association of State Mental (NASADAD) and the American Public treatment of inoperable recurrent and Health Program Directors Welfare Association (APWA), have all metastatic endometrial or renal identified as their top mutual priority AGENCY: Center for Mental Health carcinoma. the development of performance Services (CMHS), Substance Abuse and measurement indicators that could be Dated: May 15, 1996. Mental Health Services Administration used by States that are letting contracts William K. Hubbard, (SAMHSA), HHS. for Medicaid managed behavioral health Associate Commissioner for Policy ACTION: Planned single-source care. NASMHPD, which represents the Coordination. supplemental award to assist State State mental health agencies in every [FR Doc. 96–12760 Filed 5–21–96; 8:45 am] mental health, substance abuse, and State, has a long history of facilitating BILLING CODE 4160±01±F Medicaid officials to develop pragmatic the voluntary collection of uniform performance measures and outcome mental health data across States. indicators for use in Medicaid managed NASMHPD has worked with State National Institutes of Health behavioral health care contracting. mental health agencies and CMHS on the Mental Health Statistics National Institute of Mental Health; SUMMARY: This notice is to provide Improvement Program (MHSIP) to foster Notice of Meeting information to the public concerning a the collection, analysis, and reporting of planned programmatic supplement to data which are useful for systems Pursuant to Pub. L. 92–463, notice is an ongoing cooperative agreement management, policy decisions, hereby given of the meeting of the between the Substance Abuse and evaluation, performance assessment, following National Institute of Mental Mental Health Services and research in the States, as well as Health Special Emphasis Panel. Administration’s (SAMHSA) Center for nationally. State health care reform efforts and the introduction of managed The meeting will be open to the Mental Health Services (CMHS) and the care financial arrangements have placed public to provide concept review of National Association of State Mental new demands on States for quality proposed contract or grant solicitations. Health Program Directors (NASMHPD). The ongoing cooperative agreement assurance and accountability Individuals who plan to attend and funds the Technical Assistance Center information. NASMHPD’s Technical need special assistance, such as sign for State Mental Health Planning. The Assistance Center cooperative language interpretation or other programmatic supplement is being agreement with CMHS represents a reasonable accommodations, should provided to address a need that arose unique capacity that does not exist inform the contact person named below from the recommendations of the anywhere else. The NASMHPD in advance of the meeting. SAMHSA Conference—Partnerships for Technical Assistance Center works closely with every State mental health Name of Committee: National Institute of Change. The conference highlighted agency. A supplement to the existing Mental Health Special Emphasis Panel national and State trends in organizing (Telephone Conference Call) and financing public mental health and cooperative agreement will allow the Date: May 22, 1996. substance abuse care. Federal and State NASMHPD Technical Assistance Center Time: 1:30 p.m. officials received strong encouragement to develop a consensus among State Place: Parklawn Building, Room 9–105, to expand their collaboration across mental health, substance abuse, and 5600 Fishers Lane, Rockville, MD 20857. levels of government and between Medicaid agencies around the collection Agenda: To provide concept review for a mental health, substance abuse, and of information about managed care that contract project entitled ‘‘Pilot Study of Medicaid agencies to prepare for rapid can be used internally by States for Verapamil in Females with Bipolar changes in their roles, responsibilities, quality assurance and contract Disorder.’’ and funding. A particularly acute need monitoring purposes, while, at the same Contact Person: Michael J. Moody, identified was a core set of quality time, assuring cooperation across States Contracts Review Coordinator, Parklawn assurance and performance measures so that data items and data collection Building, Room 9–105, 5600 Fishers Lane, that public purchasers of managed procedures are uniform so that valid Rockville, MD 20857, Telephone 301, 443– behavioral health care services could national and cross-state comparisons 3367. use to monitor the new contracting can be made. Therefore, SAMHSA’s mechanism. In the absence of a core set CMHS has determined that a This notice is being published less of measures, it is possible that persons supplement to the existing cooperative than 15 days prior to the above meeting with severe and persistent mental agreement with NASMHPD should be due to the urgent need to meet timing illnesses, chronic substance abuse made to carry out this important work. limitations imposed by the review and disorders, and children and adolescents This notice is not a request for funding cycle. with serious emotional problems may be applications; only NASMHPD is eligible (Catalog of Federal Domestic Assistance placed into managed care systems with to apply for the supplement to the Program Numbers 93.242, 93.281, 93.282) inadequate safeguards and controls. In existing cooperative agreement. If the NASMHPD supplemental application is Dated: May 16, 1996. fact, the network of community-based services that has been developed with recommended for approval by the Anna Snouffer, great difficulty over the last three Special Review Committee, funds will Committee Management Specialist, NIH. decades may be jeopardized if public be made available. [FR Doc. 96–12857 Filed 5–17–96; 1:41 pm] sector managed care contracts lack Authority: The programmatic supplement BILLING CODE 4140±01±M essential performance standards and to the ongoing cooperative agreement will be quality assurance guidelines. made under the authority of Section 1948(a) 25500 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices of the Public Health Service Act, as amended E, shall be deemed to have waived their FOR FURTHER INFORMATION CONTACT: (42 USC 300x–58). rights. Barry Rose, Lower Snake River District AVAILABILITY OF FUNDS: The Elizabeth Sherwood, Office (208–384–3393). programmatic supplement will be for a Land Law Examiner, ANCSA Team, Branch Dated: May 15, 1996. 6-month period with up to $80,000 total of 962 Adjudication. Barry Rose, costs (direct and indirect costs) [FR Doc. 96–12721 Filed 5–20–96; 8:45 am] Public Affairs Specialist. available for that period. BILLING CODE 4310±$$±P [FR Doc. 96–12722 Filed 5–20–96; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 4310±GG±P Richard J. Bast, CMHS Division of State and Community Development Systems, State of Arizona Resource Advisory Room 15C–26 Parklawn Building (301– Council Meeting [NV±930±1430±01; N±58667] 443–4257) or Eric Goplerud, SAMHSA AGENCY: Bureau of Land Management, Intent To Prepare a Planning Managed Care Initiative, Room 12C–10 Interior. Amendment to the Lahontan Resource Parklawn Building (301–443–4456). The ACTION: Arizona Resource Advisory Management Plan/Notice of Recreation mailing address is: 5600 Fishers Lane, Council Meeting, notice of meeting. and Public Purposes Act Rockville, Maryland 20857. Classification: Churchill County, NV Dated: May 14, 1996. SUMMARY: This notice announces the Richard Kopanda, fifth meeting of the Arizona Resource AGENCY: Bureau of Land Management, Acting Executive Officer, SAMHSA. Advisory Council. The meeting will be Interior. [FR Doc. 96–12649 Filed 5–20–96; 8:45 am] held June 13, 1996, beginning at 8:30 ACTION: Notice of intent to prepare a a.m. in the Washington Room at the plan amendment and environmental BILLING CODE 4162±20±P Bureau of Land Management National document and notice of classification of Training Center, 9828 N. 31st Avenue, land. Phoenix, Arizona. The agenda items to DEPARTMENT OF THE INTERIOR be covered at the business meeting SUMMARY: The following described include review of previous meeting public land in Churchill County, Bureau of Land Management minutes, report to the Council on Nevada has been examined and determined to be suitable for [AK±962±1410±00±P; Notice for Publication Standards and Guidelines briefings with F±14920±A] Federal and State organizations, classification pursuant to the Recreation discussion of standards and guidelines and Public Purposes Act of 1926, as Alaska Native Claims Selection draft working group document, amended (43 U.S.C. 869 et seq.): discussion of an open forum session for In accordance with Departmental Mount Diablo Meridian the Council to receive information from regulation 43 CFR 2650.7(d), notice is T. 16 N., R. 29 E., other organizations within Arizona, and 1 1 hereby given that a decision to issue Sec. 19, E ⁄2SE ⁄4. a report from the Public Relations 1 1 1 1 1 conveyance under the provisions of Sec. Sec. 20, SW ⁄4NE ⁄4, SE ⁄4NW ⁄4, SW ⁄4, working group. A public comment W1⁄2SE1⁄4. 14(a) of the Alaska Native Claims period will take place at 11:30 a.m. on Settlement Act of December 18, 1971, 43 This public land is within an area June 13, 1996 for any interested publics U.S.C. 1601, 1613(a), will be issued to currently identified in the Lahontan who wish to address the Council. Arviq Incorporated for approximately Resource Management Plan (RMP) for 5,189 acres. The lands involved are in FOR FURTHER INFORMATION CONTACT: retention in federal ownership for the vicinity of Platinum, Alaska, within Clinton Oke or Ken Mahoney, Bureau of multiple uses. The Bureau of Land T. 14 S., R. 74 W., Seward Meridian, Land Management, Arizona State Office, Management will consider amending Alaska. 3707 North 7th Street, Phoenix, Arizona the RMP to change the land designation A notice of the decision will be 85014, (602) 650–0512. of up to 400 acres, from retention status published once a week, for four (4) Michael A. Ferguson, to disposal status. The amendment and consecutive weeks, in The Tundra Deputy State Director, Resource Planning, Use associated environmental document Drums. Copies of the decision may be and Protection Division. will also analyze the suitability of the obtained by contacting the Alaska State [FR Doc. 96–12753 Filed 5–20–96; 8:45 am] land for conveyance to the City of Office of the Bureau of Land BILLING CODE 4310±32±P Fallon for use as a landfill. Conveyance Management, 222 West Seventh may only occur if the plan amendment Avenue, #13, Anchorage, Alaska 99513– is approved. 7599 ((907) 271–5960). [ID±990±01±1020±00)] DATES AND ADDRESSES: Interested Any party claiming a property interest persons may submit comments which is adversely affected by the Notice of Meeting regarding the proposed plan amendment decision, an agency of the Federal to the District Manager, Carson City government or regional corporation, SUMMARY: The Lower Snake River District Office, 1535 Hot Springs Road, shall have until June 20, 1996 to file an District Resource Advisory Council will Suite 300, Carson City, Nevada 89706 appeal. However, parties receiving conduct a field tour to examine U.S. Air until June 20, 1996. Additionally, for a service by certified mail shall have 30 Force proposed alternative locations for period of 45 days from the date of days from the date of receipt to file an new target and emitter sites on public publication, interested persons may appeal. Appeals must be filed in the lands in Owyhee County. submit comments regarding the land Bureau of Land Management at the DATES: June 3, 1996. The field tour will classification for public purposes address identified above, where the depart from the Lower Snake River appropriate under the Recreation and requirements for filing an appeal may be District Office at 6:00 a.m. Public Purposes Act. Comments on the obtained. Parties who do not file an ADDRESSES: The Lower Snake River classification are restricted to whether appeal in accordance with the District Office is located at 3948 the land is physically suited for requirements of 43 CFR Part 4, Subpart Development Avenue, Boise, Idaho development for public purposes, Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25501 whether the use will maximize the Dated this 8th day of May, 1996. bank of the Salmon River to AP–1 the Point future use or uses of the land, whether James M. Phillips, of Beginning. The area described contains 5.03 acres in the use is consistent with local planning Acting District Manager. Lemhi County. and zoning, or if the use is consistent [FR Doc. 96–12660 Filed 5–20–96; 8:45 am] For a period of 90 days, from the date with State and Federal programs. Any BILLING CODE 4310±HC±P objections to the classification will be of publication of this notice, all persons evaluated by the State Director. In the who wish to submit comments, absence of any objections, the [ID±933±1430±01; IDI±31786] suggestions, or objections in connection classification will become effective July with the proposed withdrawal may Notice of Proposed Withdrawal and 22, 1996. present their view in writing to the Opportunity for Public Meeting, Idaho Idaho State Director of the Bureau of SEGREGATION: This land is hereby AGENCY: Bureau of Land Management, Land Management. segregated from all forms of Notice is hereby given that appropriation under the public land Interior. ACTION: Notice. opportunity for a public meeting is laws, including the general mining laws, afforded in connection with the except for conveyance under the SUMMARY: The United States Department proposed withdrawal. All interested Recreation and Public Purposes Act and of Agriculture, Forest Service proposes persons who desire a public meeting for leasing under the mineral leasing laws. to withdraw 5.03 acres of National the purpose of being heard on the Pending a decision on plan amendment Forest System land for construction of proposed withdrawal must submit a and action on the City of Fallon’s the Salmon Canyon Copper Boating Site written request to the Idaho State Recreation and Public Purposes Recreation Area. Publication of this Director within 90 days from the date of application, this segregation shall notice in the Federal Register will close publication of this notice. Upon continue until an opening order is the land for up to two years from determination by the authorized officer published in the Federal Register or location and entry under the United that a public meeting will be held, a until issuance of a conveyance States mining laws. The land will notice of time and place will be document, whichever occurs first. remain open to mineral leasing and all published in the newspaper at least 30 SUPPLEMENTARY INFORMATION: The other uses which may be made of days before the scheduled date of the public land is located approximately 16 National Forest System lands. meeting. miles south of Fallon, Nevada, just west DATES: Comments and requests for a The application will be processed in of State Highway 95. The following public meeting must be received by accordance with the regulations set resources will be considered in August 19, 1996. forth in 43 CFR 2300. For a period of preparation of the amendment: lands, ADDRESSES: Comments and meeting two years from the date of publication recreation, wildlife, range, minerals, requests should be sent to the Idaho of this notice in the Federal Register, cultural resources, visual resources, soil, State Director, BLM, 3380 Americana the lands will be segregated as specified water, air, and threatened and Terrace, Boise, Idaho 83706. above unless the application is denied or canceled or the withdrawal is endangered species. Staff members FOR FURTHER INFORMATION CONTACT: representing each resource will be Cathie Foster, BLM, Idaho State Office, approved prior to that date. The temporary segregation of the consulted during preparation of the (208) 384–3163. environmental document. The State of lands in connection with this SUPPLEMENTARY INFORMATION: On April withdrawal application shall not affect Nevada Division of Environmental 16, 1996, the United States Department Protection has reviewed a site suitability administrative jurisdiction over the of Agriculture, Forest Service, filed an lands, and the segregation shall not have study and concurs that the site meets all application to withdraw the following- Federal (Subtitle D) and Nevada State the effect of authorizing any use of the described National Forest System lands lands by the Department of Agriculture. (NAC 444.678 through 444.6795) siting from location and entry under the criteria for a landfill. The public is United States mining laws, subject to Dated: May 7, 1996. invited to participate in the valid existing rights: Jimmie Buxton, identification of issues related to the Branch Chief, Lands and Minerals. proposed transfer of the subject land to Boise Meridian [FR Doc. 96–12738 Filed 5–20–96; 8:45 am] the City of Fallon for development and T. 23 N., R. 16 E., BILLING CODE 4310±GG±M operation of a landfill. Anticipated A tract of land being that part of the SE1⁄4 issues include: of unsurveyed sec. 26, more particularly (1) Transfer of public land out of described as follows: Minerals Management Service Federal ownership. Beginning at Salmon River Road GPS control point No. 9, a 31⁄2 inch aluminum cap Request for Federal Outer Continental (2) Change in character and use of on a 1-inch aluminum drive-in rod with NAD Shelf Lease Sale for Sand and Gravel ° ′ ′′ land from undeveloped open space 83 latitude 45 18 00.9169 North and Resources utilized mainly for recreation activities longitude 114°33′33.7864′′ West; thence and livestock grazing to a restricted- North 75°15′58′′ East, 2148.09 feet to the AGENCY: Minerals Management Service access facility. ordinary high water mark of the right bank (MMS), Interior. of the Salmon River and AP–1, a 31⁄2 inch (3) Potential impacts to recreationist ACTION: Request for Information and aluminum cap on a 1-inch aluminum drive- Interest (RFIN). and livestock grazing. in rod, the Point of Beginning; thence North ° ′ ′′ 1 (4) Potential visual impacts. 5 50 23 West, 755.08 feet to AP–2, a 3 ⁄2 SUMMARY: On February 12, 1996, the (5) Potential impacts to adjacent inch aluminum cap on a 1-inch aluminum Minerals Management Service received drive-in rod; thence North 89°54′35′′ East, landowner Planning documents and 640.79 feet to the ordinary high water mark a request for a nonenergy minerals (sand other pertinent materials may be of the right bank of the Salmon River and and gravel) lease sale. After reviewing examined at the Carson City District AP–3, a 31⁄2 inch aluminum cap on a 1-inch the request, MMS decided to initiate Office between 7:30 a.m. and 5:00 p.m. aluminum drive-in rod; thence southwesterly steps which may lead to a lease sale, the Monday through Friday. along the ordinary high water line of the right first being the publication of this RFIN. 25502 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices

The planning area under consideration the leasing process pursuant to the OCS map of the RFIN planning area in this RFIN is depicted on the Lands Act, as amended (43 U.S.C. 1331– (hereinafter referred to as the RFIN map) accompanying page-sized map. 1356 (1988)), and regulations at 30 CFR showing boundaries of the RFIN Authority: This RFIN is published Part 281. This RFIN does not imply, nor planning area with numbered blocks is pursuant to the Outer Continental Shelf should it be construed to indicate, that available from MMS at the following (OCS) Lands Act as amended (43 U.S.C. a preliminary decision to lease in the address: Minerals Management Service, 1331–1356, (1988) (OCSLA), and the area described below has been made. Office of International Activities and regulations issued thereunder (30 CFR 281). However, should MMS later decide to Marine Minerals (or INTERMAR), 381 Purpose of the RFIN offer any of the planning area for lease, Elden St., Mail Stop 4030, Herndon, VA parties to such action will be expected 22070 [Phone: (703) 787–1292–FAX: The purpose of the RFIN is to (1) to comply with all applicable laws (703) 787–1284]. determine whether additional interest including the National Environmental exists in obtaining leases for sand and The RFIN responses will help Policy Act, the OCS Lands Act, and the gravel resources on the Outer determine if lease tract size should Coastal Zone Management Act. Continental Shelf (OCS) and where that differ from present block configurations. interest lies within the planning area Description of the Area Tract sizes will be established if a and (2) obtain other information that proposed leasing notice is issued. would be relevant to the decision to The RFIN planning area is located off Instructions on the RFIN hold a sand and gravel lease sale. the northern coast of New Jersey Information and nominations within beginning 3 nautical miles from shore Industry respondents are requested to the defined planning area are sought and extending north to south from nominate specific blocks or acreage from all interested parties. State and Sandy Hook to Surf City. The landward within the RFIN planning area that they local governments, industry, other boundary is coincident with the 3-mile would like considered in a potential Federal agencies and all other interested demarcation between the Federal OCS OCS lease sale. Nominations must be parties may respond to a Request for and State submerged lands jurisdiction. depicted on the large scale RFIN map by Information and Interest. Information The seaward width of the RFIN planing outlining the area(s) of interest. provided may include but is not limited area is narrowest in the north Respondents are also asked to submit a to geologic, archaeologic, (approximately 12 miles) and broadens list of block numbers nominated environmental, socioeconomic, biologic, gradually to the south. The total area (including both whole and partial navigational, recreational, commercial available for nominations and blocks) to facilitate correct and multiple-use considerations within comments consists of 160 whole or interpretation of their nominations on the planning area. This early planning partial blocks (each whole block is the RFIN map. Although the identities and consultation step is important for approximately 9 square miles). of those submitting nominations become ensuring that all interests and concerns Respondents may nominate and a matter of public record, the individual are communicated to the Department of comment on any acreage within the acreage or block nominations are the Interior (DOI) for future decisions in entire RFIN planning area. A large scale deemed to be proprietary information. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25503

Respondents should rank areas conflicts. Comments may be in terms of and whether the prelease process nominated according to priority of broad areas or restricted to particular should be continued. Third, comments interest based on priority 1 (high), 2 blocks. Those submitting comments are may be used to identify potential (medium), or 3 (low). Areas nominated requested to list block numbers or conflicts between offshore activities and that do not indicate priorities will be clearly outline the subject area on the State or local CMPs. Finally, comments considered priority 3. Respondents are large-scale RFIN map. may be used in developing lease terms encouraged to be specific in indicating Nominations, information, and/or and conditions to ensure safe offshore areas or blocks by priority. Blanket comments must be received no later mineral development activities, if the priorities on large areas are less useful than 60 days following publication of lease sale is held. in the analysis of industry interest. The this document in the Federal Register in envelopes labeled ‘‘Nominations (or Shallow Dredging and Prohibition on name and telephone number of a person Disposal in the respondent’s organization to Information) for Northern New Jersey contact for additional information or RFIN’’. The RFIN map with indications To preserve ocean bottom topography clarifications should be included in the of interest and/or comments should be and promote rapid recolonization of response. submitted to: Minerals Management biota in dredged areas, MMS intends to Service, Office of International restrict dredging to relatively shallow Comments are sought from all Activities and Marine Minerals (or and uniform depths. The Agency does interested parties about particular INTERMAR), 381 Elden Street, Mail not intend to issue leases in areas geological, environmental, biological, Stop 4030, Herndon, VA 22070. archaeological, navigational, designated as mud dump sites nor will recreational, commercial, social, and Use of Information From the RFIN it permit lessees to mine deep pits for economic conditions, multiple-use Information submitted in response to use in the disposal of any material. considerations, or other information that this RFIN serves several purposes. First, While the MMS is generally aware of might bear upon potential leasing and responses will be used to identify areas the existence of navigation channels, development in the RFIN planning area. of potential mineral leasing and mud dump sites, shipwrecks and other Comments are also sought on potential development. Second, comments on factors that could have a bearing on conflicts with federally approved State possible environmental impacts and leasing in the planning area, more and local coastal zone management multiple-use conflicts will aid in the detailed information is solicited to plans (CMPs) that may result from the analysis and handling of concerns in insure that these factors receive full proposed sale or future mineral and near the RFIN planning area. Based consideration. development activities. If possible, these on this information a preliminary Dated: May 12, 1996. comments should identify specific CMP determination will be made on the Cynthia Quarterman, policies, the nature of the conflicts potential advantages and disadvantages foreseen, and steps that MMS could take of OCS sand and gravel exploration and Director, Minerals Management Service. to avoid or mitigate the potential development for the RFIN planning area BILLING CODE 4310±MR±P 25504 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices

[FR Doc. 96–12543 Filed 5–20–96; 8:45 am] BILLING CODE 4310±MR±C Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25505

National Park Service Background the Notice of Intent published in the The draft Resources Management Plan Federal Register on September 15, Notice of Boundary Revision, Menard and Environmental Impact Statement 1995). Inquiries about the DEIS/RMP Creek Corridor Unit, Big Thicket (DEIS/RMP) presents a proposal and and requests for copies of the document National Preserve four alternatives for improving water may be directed to the Superintendent quality and riparian areas and at the above address, or via telephone at SUMMARY: Section 1 of the Act of promoting the conservation of rare (805) 658–5776. The official responsible October 11, 1974, (88 Stat. 1254) species and their habitats on Santa Rosa for decisions regarding this plan is the provides for the establishment of Big Island. ‘‘Rare species’’ includes both Field Director, Pacific West Area, Thicket National Preserve and species which have been proposed for National Park Service. authorizes the United States to accept listing as threatened or endangered Dated: May 10, 1996. title to any lands, or interests in lands, under the Endangered Species Act, and located outside the boundaries of the Patricia Neubacher, those species which are candidates for preserve which any private person, Acting Field Director, Pacific West Area. such listing. organization, or public or private [FR Doc. 96–12756 Filed 5–20–96; 8:45 am] The proposed action, Alternative C, corporation may offer to donate to the BILLING CODE 4310±70±P Targeted Action, would improve water United States, if the Secretary finds that quality in surface streams and protect such lands would make a significant riparian habitat areas on Santa Rosa contribution to the purposes for which National Register of Historic Places; Island, by excluding cattle and horses the preserve was created and he may Notification of Pending Nominations from one pasture, by establishing a administer such lands as part of the seasonal grazing rotation in another preserve. Nominations for the following pasture, and by constructing small properties being considered for listing Notice is given that the boundary of riparian exclosures in several drainages. in the National Register were received the Menard Creek Corridor Unit of Big Conservation measures for rare species by the National Park Service before May Thicket National Preserve has been and their habitats would include 11, 1996. Pursuant to section 60.13 of 36 revised pursuant to the above act, to removing the island’s deer herd, CFR Part 60 written comments include 0.56 acres of land depicted as reducing its elk herd, and excluding concerning the significance of these Tract No. 126–30 on land acquisition cattle and horses from one pasture. Both properties under the National Register status map, segment 126, having objectives would be fostered by criteria for evaluation may be forwarded drawing no. 175–30,005 dated August increasing grazing management to the National Register, National Park 15, 1995, prepared by the Lands standards. Service, P.O. Box 37127, Washington, Program, Southwest System Support In addition, the following four (4) D.C. 20013–7127. Written comments Office. alternatives are considered in the DEIS/ should be submitted by June 5, 1996. This map is on file and available for RMP: Alternative A ‘‘No Action’’ would Carol D. Shull, inspection in the office of the National continue the existing cattle ranching Keeper of the National Register. Park Service, Department of the Interior, and commercial hunt operation, with no Lands Program, Southwest System changes. Alternative B ‘‘Minimal Arizona Support Office, and the Office of the Action’’ consists of excluding cattle Pima County from one pasture, removing the island’s Superintendent, Big Thicket National Pie Allen Historic District, Roughly bounded Preserve. deer herd, and constructing small by N. Euclid Ave., E. 6th St., N. Park Ave., riparian exclosures in several drainages. and E. 10th St., Tucson, 96000648 Dated: November 2, 1995. Alternative D ‘‘Conservation Team Ronald E. Everhart, Recommendations’’ includes phased Arkansas Acting Director, Intermountain Field Area. closure of pastures and phased Lafayette County [FR Doc. 96–12755 Filed 5–20–96; 8:45 am] reduction of cattle numbers, as well as Bradley Elementary School Building BILLING CODE 4310±70±P removal of the island’s deer and (Railroad Era Resources of Southwest reduction in the island’s elk herd. Arkansas MPS) Jct. of W. 7th St. and AR Alternative E ‘‘Immediate Removal of 160, SW corner, Bradley, 96000634 Draft Environmental Impact Statement/ Ungulates’’ consists of removal of all Bradley High School Gymnasium (Railroad Resources Management Plan for Santa cattle, horses, elk and deer from the Era Resources of Southwest Arkansas MPS) Rosa Island, Channel Islands National island within three years. Jct. of W. 6th and Central Sts., NE corner, Park; Notice of Availability Bradley, 96000635 Additional Details First Methodist Church (Railroad Era Resources of Southwest Arkansas MPS) Jct. SUMMARY: Pursuant to § 102(2)(c) of the Written comments on the DEIS/RMP of Chestnut and 4th Sts., NW corner, National Environmental Policy Act of may be addressed to the Lewisville, 96000639 1969 (P. L. 91–190, as amended), the Superintendent, Channel Islands First Presbyterian Church (Railroad Era National Park Service, Department of National Park, 1901 Spinnaker Drive, Resources of Southwest Arkansas MPS) Jct. the Interior, has prepared a Draft Ventura, CA 93001. All such comments of Market and Church Sts., SW corner, Environmental Impact Statement must be received no later than sixty (60) Stamps, 96000640 assessing the potential impacts of the days from the date of publication of this House at W. 7th St. (Railroad Era Resources proposed Resources Management Plan Notice. Also, a public meeting to of Southwest Arkansas MPS) Jct. of W. 7th for Improvement of Water Quality and facilitate DEIS/RMP review will be and Central Sts., SW corner, Bradley, Conservation of Rare Species and Their scheduled during July, 1996. This will 96000636 Peoples Bank and Loan Building (Railroad Habitats on Santa Rosa Island, Santa be advertised via local and regional Era Resources of Southwest Arkansas MPS) Barbara County, California. Once media and by written announcement Jct. of Spruce and 3rd Sts., SW corner, approved, the plan will guide resources mailed to all individuals, organizations, Lewisville, 96000637 management on Santa Rosa Island for and agencies who responded during the Triplett Company Building (Railroad Era the next 15 years. scoping period (which was initiated by Resources of Southwest Arkansas MPS) 25506 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices

2nd St., W of jct. with Spruce St., Maryland (3) Enhance the quality, utility and Lewisville, 96000638 Baltimore Independent City clarity of the information to be Little River County collected; and Loudon Park National Cemetery (Civil War (4) Minimize the burden of the Anderson—Hobson Mercantile Store Era National Cemeteries MPS) 3445 (Railroad Era Resources of Southwest Frederick Ave., Baltimore, 96000655 collection of information on those who Arkansas MPS) 201 Schuman St., Foreman, are to respond, including through the 96000642 New Jersey use of appropriate automated, First Christian Church (Railroad Era Hudson County electronic, mechanical, or other Resources of Southwest Arkansas MPS) Jct. Hale—Whitney Mansion, 100 Broadway, technological collection techniques or of 2nd and Commerce Sts., SW corner, Bayonne, 96000657 other forms of information technology, Ashdown, 96000632 e.g., permitting electronic submission of Hawkins House (Railroad Era Resources of Hunterdon County responses. Southwest Arkansas MPS) Jct. of 3rd Ave. Riegel Ridge Community Center, Co. Rt. 519, If you have additional comments, and 3rd St., NW corner, Foreman, approximately 1.5 mi N of NJ—PA state 96000641 suggestions, or need a copy of the line, Holland Township, Milford vicinity, Hunter—Coulter House (Railroad Era proposed information collection 96000656 Resources of Southwest Arkansas MPS) Jct. instrument with instructions, or of 2nd and Commerce Sts., NW corner, Warren County additional information, please contact Ashdown, 96000633 Port Murray Historic District, Roughly, Port the Violence Against Women Grants S. S. P. Mills and Son Building (Railroad Era Murray Rd. from Cherry Tree Bend Rd. to Office, 202–307–6026, U.S. Department Resources of Southwest Arkansas) Jct. of Hoffman Rd., Mansfield Township, of Justice, Fourth Floor, 633 Indiana Texarkana Ave. and Main St., NW corner, Washington vicinity, 96000658 Avenue, NW, Washington, DC 20531. Wilton, 96000631 Tennessee Additionally, comments and/or Sevier County suggestions regarding the item(s) DeQueen & Eastern Railraod Machine Shop Giles County contained in this notice, especially (Railroad Era Resources of Southwest Batte—Brown—Blackburn House, 318 W. regarding the estimated public burden Arkansas MPS) Northwestern edge of Madison St., Pulaski, 96000659 and associated response time should be DeQueen and Eastern RR yard, adjacent to directed to the address and phone AR 329, DeQueen, 96000643 [FR Doc. 96–12754 Filed 5–20–96; 8:45 am] BILLING CODE 4310±70±P number set forth. Gillham Jail (Railroad Era Resources of Overview of this information Southwest Arkansas MPS) Located in the park to the N of the Kansas City—Southern collection: RR tracks in the center of Gillham, (1) Type of Information Collection: Gillham, 96000647 DEPARTMENT OF JUSTICE New collection. Goff and Gamble Merchandise Store (2) Title of the Form/Collection: STOP (Railroad Era Resources of Southwest Office of Justice Programs Violence Against Women Formula Grant Arkansas MPS) 1 block N of the Kansas Program Subgrant Award Report City—Southern RR tracks in the center of Bureau of Justice Assistance (3) Agency form number, if any, and Gillham, Gillham, 96000646 the applicable component of the Hotel Dee Swift (Railroad Era Resources of Agency Information Collection Department of Justice sponsoring the Southwest Arkansas MPS) 123 N. Port Activities: Proposed Collection; collection: Form: None. Violence Arthur St., DeQueen, 96000644 Comment Request King Schoolhouse (Railroad Era Resources of Against Women Branch, Crime Act Support Division, Bureau of Justice Southwest Arkansas MPS) Approximately ACTION: Notice of information collection Programs, Office of Justice Programs, 1 mi. E of AR 71 near center of King, King, under review; subgrant award report for 96000645 United States Department of Justice. Violence Against Women Formula Grant (4) Affected public who will be asked Georgia Program. or required to respond, as well as a brief Fulton County The proposed information collection abstract: Primary: State, local or tribal Crescent Apartments, 979 Crescent Ave., is published to obtain comments from governments. Other: None. NW, Atlanta, 96000649 The Crime Act of 1994 enacted the the public and affected agencies. Violence Against Women Formula Grant Maine Comments are encouraged and will be Program. This program awards grant accepted for 60 days from the date listed Cumberland County money to the states and territories to at the top of this page in the Federal Friends School, Off W side of Leach Hill Rd., combat violence against women. The Register. Request written comments and .5 mi. SW of jct. with ME 121, Casco, Subgrant Award Report will be suggestions from the public and affected 96000650 completed by each of the states and agencies concerning the proposed Portland Packing Company Factory, 14—26 territories and will provide information collection of information. Your York St., Portland, 96000651 on each subgrant awarded under the comments should address one or more Oxford County program. of the following four points: (5) An estimate of the total number of Bennett, Nathaniel and Elizabeth, House, W (1) Evaluate whether the proposed side of Crockett Ridge Rd., 1.4 mi. N of jct. respondents and the amount of time with ME 117, Norway vicinity, 96000652 collection of information is necessary estimated for an average respondent to for the proper performance of the respond: 560 responses at 1.0 hour each. Piscataquis County functions of the agency, including (6) An estimate of the total public Harriman School, N side of North Rd., 1.7 mi. whether the information will have burden (in hours): associated with the NE of jct. with Parson Landing Rd., practical utility; collection: 560 annual burden hours. Dover—Foxcroft vicinity, 96000653 (2) Evaluate the accuracy of the If additional information is required Washington County agencies estimate of the burden of the contact: Mr. Robert B. Briggs, Clearance Union Evangelical Church, N side of Addison proposed collection of information, Officer, United States Department of Ridge Rd., 2 mi. S of US 1, Addison including the validity of the Justice, Information Management and vicinity, 96000654 methodology and assumptions used; Security Staff, Justice Management Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25507

Division, Suite 850, Washington Center, On June 12, OSHA will brief the NATIONAL AERONAUTICS AND 1001 G Street, NW., Washington, DC ACCSH regarding the status of SPACE ADMINISTRATION 20530. standards-related activities for [Notice 96±050] Dated: May 15, 1996. construction. In particular, the Agency Robert B. Briggs, will report on the draft final rule for NASA Advisory Council (NAC), Space Department Clearance Officer, United States scaffolds (subpart L); the deliberations Science Advisory Committee (SScAC); Department of Justice. of the Steel Erection Negotiated Meeting [FR Doc. 96–12733 Filed 5–20–96; 8:45 am] Rulemaking Advisory Committee; and AGENCY: National Aeronautics and BILLING CODE 4410±21±M the status of rulemaking efforts regarding fall protection (subpart M). Space Administration. Also, the work group on Safety and ACTION: Notice of meeting. [OJP No. 1083] Health Programs will report to the full SUMMARY: In accordance with the RIN 1121±ZA33 Advisory Committee and the full Federal Advisory Committee Act, Public Committee will discuss the report. Law 92–463, as amended, the National Notice of Program Plans for Fiscal After a lunch break, the work groups Aeronautics and Space Administration Year 1996; Correction on Safety and Health Programs, announces a forthcoming meeting of the Confined Spaces, and Health and Safety NASA Advisory Council, Space Science AGENCY: Department of Justice, Office of for Women in Construction will meet Advisory Committee. Justice Programs. from approximately 2 p.m. to 5 p.m. DATES: Monday, June 17, 1996, 8:30 a.m. ACTION: Correction. On June 13, the work groups on to 5:00 p.m.; Tuesday, June 18, 1996, Confined Spaces and Health and Safety 8:30 a.m. to 5:00 p.m.; Wednesday, June SUMMARY: In the notice document 61 FR for Women in Construction will report 19, 1996, 8:30 a.m. to 2:30 p.m. 21238 beginning on page 21238 in the back to the full Advisory Committee and ADDRESSES: NASA Headquarters, issue of Thursday, May 9, 1996, make the full Committee will discuss the Conference Room MIC 7–AB–West, 300 the following correction: reports from the work groups. E Street SW., Washington, DC 20546. On page 21288 in the second column, FOR FURTHER INFORMATION CONTACT: the address for receipt of a Program Written data, views or comments may be submitted, preferably with 20 copies, Dr. Guenter R. Reigler, Code SR, Announcement and Application Kit for National Aeronautics and Space the Office for Victims of Crime was to the Division of Consumer Affairs, at the address provided below. Any such Administration, Washington, DC 20546, listed as 1301 Pennsylvania Avenue, 202/358–1588. Suite 200, NW, Washington, D.C. 20531. submissions received prior to the SUPPLEMENTARY INFORMATION: The This should be changed to 633 Indiana meeting will be provided to the meeting will be open to the public up Avenue, NW, Washington D.C. 20531. members of the Committee and will be included in the record of the meeting. to the capacity of the room. The agenda Dated: May 16, 1996. for the meeting is as follows: Anyone who wishes to make on oral Reginald L. Robinson, —Status of prior SScAC presentation should notify the Division Deputy Assistant Attorney General, Office of recommendations Justice Programs. of Consumer Affairs before the meeting. —NASA Headquarters Reorganization [FR Doc. 96–12859 Filed 5–20–96; 8:45 am] The request should state the amount of —FY 97 Budget Request BILLING CODE 4410±18±P time desired, the capacity in which the —Subcommittee Business person will appear and a brief outline of It is imperative that the meeting be the content of the presentation. Persons held on these dates to accommodate the DEPARTMENT OF LABOR who request the opportunity to address scheduling priorities of the key the Advisory Committee may be participants. Visitors will be requested Occupational Safety and Health allowed to speak, as time permits, at the to sign a visitor’s register. Administration discretion of the Chairman of the Advisory Committee. Individuals with Dated: May 15, 1996. Advisory Committee on Construction disabilities who wish to attend the Leslie M. Nolan, Safety and Health; Full Committee meeting should contact Tom Hall, at the Advisory Committee Management Officer, Meeting address indicated below, if special National Aeronautics and Space accommodations are needed. Administration. Notice is hereby given that the [FR Doc. 96–12698 Filed 5–20–96; 8:45 am] For additional information contact: Advisory Committee on Construction BILLING CODE 7510±01±M Safety and Health, established under Tom Hall, Division of Consumer Affairs, section 107(e)(1) of the Contract Work Room N–3647, Telephone 202–219– Hours and Safety Standards Act (40 8615, at the Occupational Safety and [Notice 96±051] U.S.C. 333) and section 7(b) of the Health Administration, 200 Constitution Occupational Safety and Health Act of Avenue, NW., Washington, DC 20210. NASA Advisory Council (NAC), Solar 1970 (29 U.S.C. 656), will meet on June An official record of the meeting will be System Exploration Subcommittee 12–13, 1996 at the Frances Perkins available for public inspection at the (SSES); Meeting Building, U.S. Department of Labor, 200 OSHA Docket Office, Room N–2625, AGENCY: National Aeronautics and Constitution Avenue, NW., Room Telephone 202–219–7894. Space Administration. S4215A–C, Washington, DC. The Signed at Washington, DC this 15th day of ACTION: Notice of meeting cancellation. meetings of the full Committee are open May, 1996. to the public and will begin at 9 a.m. on FEDERAL REGISTER CITATION OF PREVIOUS June 12 and at 8:30 a.m. on June 13. The Joseph A. Dear, ANNOUNCEMENT: 61FR20839, notice meeting will conclude at approximately Assistant Secretary of Labor. number 96–047, May 8, 1996. 5 p.m. on June 12 and at approximately [FR Doc. 96–12750 Filed 5–20–96; 8:45 am] PREVIOUSLY ANNOUNCED DATES OF 12 p.m. on June 13. BILLING CODE 4510±26±M MEETING: Thursday, June 6, 1996, 8:30 25508 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices a.m. to 5:00 p.m.; and Friday, June 7, A copy of the submittal may be 1. Type of submission, new, revision, 1996, 8:30 to 1:00 p.m. viewed free of charge at the NRC Public or extension: Revision. Meeting has been cancelled. Document Room, 2120 L Street NW, 2. The title of the information CONTACT PERSON FOR FURTHER (lower level), Washington, DC. Members collection: INFORMATION CONTACT: of the public who are in the 10 CFR Part 74—Material Control and Dr. Jurgen Rahe, Code SA, National Washington, DC, area can access this Accounting of Special Nuclear Aeronautics and Space Administration, document via modem on the Public Material Washington, DC 20546, (202/358–2150). Document Room Bulletin Board (NRC’s NUREG 1065—Acceptance Criteria for Dated: May 14, 1996. Advanced Copy Document Library), the Low Enriched Uranium Reform Leslie M. Nolan, NRC subsystem at FedWorld, 703–321– Amendments 3339. Members of the public who are Advisory Committee Management Officer, NUREG/CR 5734—Acceptable Standard National Aeronautics and Space located outside of the Washington, DC, Format and Content for the Administration. area can dial FedWorld, 1–800–303– Fundamental Nuclear Material [FR Doc. 96–12699 Filed 5–20–96; 8:45 am] 9672, or use the FedWorld Internet Control (FNMC) Plan Required for address: fedworld.gov (Telnet). The Low-Enriched Uranium Enrichment BILLING CODE 7510±01±M document will be available on the Facilities and bulletin board for 30 days after the NUREG 1280—Standard Format and signature date of this notice. If Content Acceptance Criteria for the NUCLEAR REGULATORY assistance is needed in accessing the Material Control and Accounting COMMISSION document, please contact the FedWorld (MC&A) Reform Amendment Agency Information Collection help desk at 703–487–4608. Additional 3. The form number if applicable: Not Activities: Submission for OMB assistance in locating the document is applicable. Review; Comment Request available from the NRC Public 4. How often the collection is Document Room, nationally at 1–800– required: Submission of the AGENCY: Nuclear Regulatory 397–4209, or within the Washington, fundamental nuclear material control Commission (NRC). DC, area at 202–634–3273. plan is a one-time requirement which ACTION: Notice of the OMB review of Comments and questions should be has been completed by all current information collection and solicitation directed to the OMB reviewer by June licensees. Specified inventory and of public comment. 20, 1996: Peter Francis, Office of material status reports are required Information and Regulatory Affairs, annually or semiannually. Other reports SUMMARY: The NRC has recently NEOB–10202, Office of Management are submitted as events occur. submitted to OMB for review the and Budget, Washington, DC 20503. 5. Who will be required or asked to following proposal for the collection of Comments can also be submitted by report: Persons licensed under 10 CFR information under the provisions of the telephone at (202) 395–3084. Parts 70 or 72 who possess and use Paperwork Reduction Act of 1995 (44 The NRC Clearance Officer is Brenda certain forms and quantities of special U.S.C. Chapter 35). The NRC hereby Jo. Shelton, (301) 415–7233. nuclear material. informs potential respondents that an 6. An estimate of the number of agency may not conduct or sponsor, and Dated at Rockville, Maryland, this 13th day responses: 14. that a person is not required to respond of May 1996. 7. The estimated number of annual to a collection of information unless it For the Nuclear Regulatory Commission. respondents: 9. displays a currently valid OMB control Gerald F. Cranford, 8. An estimate of the total number of number. Designated Senior Official for Information hours needed annually to complete the 1. Type of submission, new, revision, Resources Management. requirement or request: 3,923 or extension: New. [FR Doc. 96–12694 Filed 5–20–96; 8:45 am] (Approximately 16 hours per response 2. The title of the information BILLING CODE 7590±01±P collection: Generic Clearance for for reports and 411 hours annually per Customer Satisfaction Surveys. recordkeeper). 3. The form number if applicable: Not Agency Information Collection 9. An indication of whether Section applicable. Activities: Submission for OMB 3507(d), Pub. L. 104–13 applies: Not 4. How often the collection is Review; Comment Request applicable. required: Three per year. 10. Abstract: 10 CFR Part 74 5. Who will be required or asked to AGENCY: U. S. Nuclear Regulatory establishes requirements for material report: Licensees, applicants, and the Commission (NRC). control and accounting of special public. ACTION: Notice of the OMB review of nuclear material, and specific 6. An estimate of the number of information collection and solicitation performance-based regulations for responses: 600. of public comment. licensees authorized to possess and use 7. An estimate of the number of strategic special nuclear material, or to annual respondents: 600. SUMMARY: The NRC has recently possess and use, or produce, special 8. The estimate of the number of submitted to OMB for review the nuclear material of low strategic hours needed annually to complete the following proposal for the collection of significance. The information is used by requirement or request: 300. information under the provisions of the the NRC to make licensing and 9. An indication of whether Section Paperwork Reduction Act of 1995 (44 regulatory determinations concerning 3507(d), Public Law 104–13 applies: Not U.S.C. Chapter 35). The NRC hereby material control and accounting of applicable. informs potential respondents that an special nuclear material and to satisfy 10. Abstract: The NRC plans to agency may not conduct or sponsor, and obligations of the United States to the conduct voluntary customer satisfaction that a person is not required to respond International Atomic Energy Agency surveys to evaluate its programs with to, a collection of information unless it (IAEA). Submission or retention of the respect to customer satisfaction and displays a currently valid OMB control information is mandatory for persons how NRC can improve its programs. number. subject to the requirements. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25509

A copy of the submittal may be (Operational Conditions 4 or 5 (Contact: William Travers, 301–415– viewed free of charge at the NRC Public respectively) and one of the second 8500) Document Room, 2120 L Street, NW unit’s offsite power circuits was Friday, May 31 10:00 a.m.—Briefing on NRC Inspection (Lower Level), Washington, DC. inoperable. Activities (PUBLIC MEETING). (Contact: Members of the public who are in the The Commission had previously Bill Borchardt, 301–415–1257) Washington, DC, area can access the issued a Notice of Consideration of 11:30 a.m.—Affirmation Session (PUBLIC submittal via modem on the Public Issuance of Amendment published in MEETING) (if needed). Document Room Bulletin Board (NRC’s the Federal Register on April 13, 1995 Week of June 3—Tentative Advance Copy Document Library) NRC (60 FR 18860). However, by letter dated subsystem at FedWorld, 703–321–3339. Monday, June 3 December 20, 1995, the licensee 10:00 a.m.—Briefing on Part 100 Final Rule Members of the public who are located withdrew the proposed change. on Reactor Site Criteria (PUBLIC outside of the Washington, DC, area can For further details with respect to this MEETING). (Contact: Charles Ader, 301– dial FedWorld, 1–800–303–9672, or use action, see the application for 415–5622) the FedWorld Internet address: amendment dated March 31, 1995, and Thursday, June 6 fedworld.gov (Telnet). The document 3:30 p.m.—Affirmation Session (PUBLIC the licensee’s letter dated December 20, MEETING) (if needed). will be available on the bulletin board 1995, which withdrew the application for 30 days after the signature date of for license amendment. The above Week of June 10—Tentative this notice. If assistance is needed in documents are available for public Tuesday, June 11 accessing the document, please contact inspection at the Commission’s Public 2:00 p.m.—Briefing on Status of Risk the FedWorld help desk at 703–487– Document Room, 2120 L Street NW., Harmonizaiton (PUBLIC MEETING). 4608. Additional assistance in locating Washington, DC 20555, and at the (Contact: Judith Greenwald, 301–415- the document is available from the NRC 6635) University of North Carolina at 3:30 p.m.—Affirmaiton Session (PUBLIC Public Document Room, nationally at 1– Wilmington, William Madison Randall 800–397–4209, or within the MEETING) (if needed). Library, 601 S. College Road, The schedule for Commisison meetings is Washington, DC, area at 202–634–3273. Wilmington, North Carolina 28403– Comments and questions should be subject to change on short notice. To verify 3297. the status of meetings call (recording)—(301) directed to the OMB reviewer by June Dated at Rockville, Maryland, this 14th day 415–1292. Contact person for more 20, 1996: Peter Francis, Office of information: BIll Hill (301) 415–1661. Information and Regulatory Affairs of May 1996. For the Nuclear Regulatory Commission. * * * * * (3150–0123), NEOB–10202, Office of This notice is distributed by mail to several Management and Budget, Washington, Brenda L. Mozafari, hundred subscribers; if you no longer wish DC 20503. Project Manager, Project Directorate II–1, to receive it, or would like to be added to it, Comments can also be submitted by Division of Reactor Projects—I/II, Office of please contact the Office of the Secretary, telephone at (202) 395–3084. Nuclear Reactor Regulation. Attn: Operations Branch, Washington, D.C. The NRC Clearance Officer is Brenda [FR Doc. 96–12697 Filed 5–20–96; 8:45 am] 20555 (301–415–1963). Jo. Shelton, (301) 415–7233. BILLING CODE 7590±01±P In addition, distribution of this meeting notice over the internet system is available. Dated at Rockville, Maryland, this 14th day If you are interested in receiving this of May 1996. Commission meeting schedule electronically, For the Nuclear Regulatory Commission. NUCLEAR REGULATORY please send an electronic message to COMMISSION Gerald F. Cranford, [email protected] or [email protected]. Designated Senior Official for Information Sunshine Act Meeting * * * * * Resources Management. Dated: May 16, 1996. [FR Doc. 96–12695 Filed 5–20–96; 8:45 am] AGENCY HOLDING THE MEETING: Nuclear Andrew L. Bates, BILLING CODE 7590±01±P Regulatory Commission. Senior Level Advisor, Office of the Secretary. [FR Doc. 96–12811 Filed 5–17–96; 10:23 am] DATE: Weeks of May 20, 27, June 3, and [Docket Nos. 50±325 and 50±324] 10, 1996. BILLING CODE 7590±01±M PLACE: Commissioners’ Conference Carolina Power & Light Company; Room, 11555 Rockville Pike, Rockville, Notice of Withdrawal of Application for NUCLEAR REGULATORY Maryland. Amendment to Facility Operating COMMISSION License STATUS: Public and Closed. [Docket No. 50±309] The U.S. Nuclear Regulatory MATTERS TO BE CONSIDERED: Maine Yankee Atomic Power Company, Commission (the Commission) has Week of May 20 Maine Yankee Atomic Power Station; granted the request of Carolina Power & Wednesday, May 22 Receipt of Petition for Director's Light Company (the licensee) to 10:00 a.m.—Affirmation Session (PUBLIC Decision Under 10 CFR 2.206 withdraw its March 31, 1995, MEETING) (if needed). application for proposed amendment to 2:00 p.m.—Briefing by International Notice is hereby given that by letter Facility Operating License Nos. 50–325 Programs (CLOSED—Ex. 1). dated January 20, 1996, Friends of the and 50–324 for the Brunswick Steam Friday, May 24 Coast—Opposing Nuclear Pollution Electric Plant, Units 1 and 2, located in 9:30 a.m.—Meeting with Advisory (Petitioner) requested that the Nuclear Brunswick County, North Carolina. Committee on Reactor Safeguards Regulatory Commission (NRC) take The proposed amendment would (ACRS) (PUBLIC MEETING). (Contact: action with regard to the Maine Yankee John Larkins, 301–415–7360) have provided an exception to Nuclear Power Station (Maine Yankee), Technical Specification (TS) 3.0.4 that Week of May 27—Tentative licensed to Maine Yankee Atomic Power would have permitted an operational Thursday, May 30 Company (licensee). mode change of a unit if the second unit 2:00 p.m.—Briefing on Status of Dry Cask Petitioner requests that the was in cold shutdown or refueling Storage Issues (PUBLIC MEETING). Commission take expedited action to: 25510 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices

(1) Suspend the operating license of thermal shock failure initiated by use of Publications Services, Office of Maine Yankee pending resolution of the the ECCS. Administration, U.S. Nuclear Regulatory Petition; (2) examine and test by plug The Petition has been referred to the Commission, Washington, DC 20555. sampling—or other ASME approved Director of the Office of Nuclear Reactor Regulatory guides are available for method—all large piping welds that Regulation (NRR) pursuant to 10 CFR inspection at the Commission’s Public may have been susceptible to micro- 2.206. As provided by Section 2.206, Document Room, 2120 L Street NW., fissures at the time of construction; (3) appropriate action will be taken on the Washington, DC. Single copies of reanalyze Maine Yankee containment as Petition within a reasonable time. By regulatory guides may be obtained free one located in an area where seismic letter dated May 13, 1996, the Director of charge by writing the Office of risk is not ‘‘low’’; (4) reduce the licensed denied the Petitioner’s request for Administration, Attention: Distribution operating capacity of Maine Yankee to suspension of Maine Yankee’s operating and Services Section, U.S. Nuclear a level consistent with a flawed license, pending resolution of the Regulatory Commission, Washington, containment and/or flawed reactor Petition. DC 20555–0001, or by fax at (301) 415– coolant piping welds; (5) provide an A copy of the Petition is available for 2260. Issued guides may also be informal public hearing in the area of inspection at the Commission’s Public purchased from the National Technical the plant regarding the Petition; and (6) Document Room at 2120 L Street NW., Information Service on a standing order place Petitioner on service and mailing Washington, D.C. 20555–0001 and the basis. Details on this service may be lists relevant to its interests in safety at local public document room in the obtained by writing NTIS, 5285 Port Maine Yankee and all public forums Wiscasset Public Library, High Street, Royal Road, Springfield, VA 22161. opened by the NRC. P.O. Box 367, Wiscasset, ME 04578. Regulatory guides are not copyrighted, As the basis for these requests, the Dated at Rockville, Maryland this 13th day and Commission approval is not Petition states that: (1) The containment of May 1996. required to reproduce them. is inadequate for power operation in For the Nuclear Regulatory Commission. (5 U.S.C. 552(a)) excess of the original license, and may William T. Russell, Dated at Rockville, Maryland, this 6th day be inadequate for the original power Director, Office of Nuclear Reactor of May 1996. operation limits because of Regulation. For the Nuclear Regulatory Commission insupportable original design [FR Doc. 96–12693 Filed 5–20–96; 8:45 am] Themis P. Speis, acceptance criteria, yet the NRC staff BILLING CODE 7590±01±P Deputy Director, Office of Nuclear Regulatory recommended to the Commission that it Research. grant a license amendment permitting [FR Doc. 96–12696 Filed 5–20–96; 8:45 am] Regulatory Guide; Issuance, this design. It is further stated that the BILLING CODE 7590±01±P Maine Yankee containment was Availability designed and constructed without The Nuclear Regulatory Commission diagonal reinforcement rods, based on has issued a revision to a guide in its SECURITIES AND EXCHANGE low seismic risk. Additionally, after a Regulatory Guide Series. This series has COMMISSION 1979 earthquake of 4.2 magnitude and been developed to describe and make [File No. 1±8627] an epicenter less than 10 miles from the available to the public such information plant site, the NRC ordered the as methods acceptable to the NRC staff Issuer Delisting; Notice of Application shutdown of Maine Yankee until piping for implementing specific parts of the To Withdraw From Listing and and piping supports could be Commission’s regulations, techniques Registration; (Santa Fe Pacific Gold seismically qualified. There is no public used by the staff in evaluating specific Corporation, Common Stock, $0.01 Par record, however, that the NRC problems or postulated accidents, and Value) reevaluated this marginally acceptable data needed by the staff in its review of containment design, including prior to applications for permits and licenses. May 15, 1996. granting license amendments to operate Revision 2 of Regulatory Guide 1.82, Santa Fe Pacific Gold Corporation at increased power; and (2) the Maine ‘‘Water Sources for Long-Term (‘‘Company’’ or ‘‘SFPG’’) has filed an Yankee emergency core cooling system Recirculation Cooling Following a Loss- application with the Securities and (ECCS), reactor coolant piping, and of-Coolant Accident,’’ has been revised Exchange Commission (‘‘Commission’’), other large piping have not been to provide current guidance on methods pursuant to Section 12(d) of the adequately analyzed for materials acceptable to the NRC staff for meeting Securities Exchange Act of 1934 (‘‘Act’’) degradation to ensure integrity at power the Commission’s requirements with and Rule 12d2–2(d) promulgated operation in excess of the originally respect to the sumps and suppression thereunder, to withdraw the above licensed power level, or under accident pools that perform the functions of specified security (‘‘Security’’) from conditions. The Atomic Energy water sources for emergency core listing and registration on the Chicago Commission’s concern with ‘‘micro- cooling, containment heat removal, and Stock Exchange, Inc. (‘‘CHX’’). fissures’’ in reactor coolant system containment atmosphere cleanup. This The reasons alleged in the application welds led to appointment of a task force, guide also updates the guidance on for withdrawing the Security from and prompted studies and reports in evaluating blockage by debris in the listing and registration include the 1971 (prior to heightened awareness of sumps and suppression pools of boiling following: embrittlement phenomena) that water nuclear power reactors. According to the Company, the concluded that the microfissures would Comments and suggestions in Security of SFPG is currently traded on not propagate or grow under foreseeable connection with items for inclusion in the NYSE and the CHX. The Company conditions. The Petitioner asserts that guides currently being developed or incurs annual fees for each of the large pipe welds next to the reactor improvements in all published guides exchanges. Currently SFPG is paying an vessel have endured 23 years of are encouraged at any time. Written annual fee of $2,500 to the CHX. corrosion, stress, vibration, and comments may be submitted to the From time to time SFPG has issued radiation and may fail, initiating a loss- Rules Review and Directives Branch, additional shares of Security for use in of-coolant accident, or may be subject to Division of Freedom of Information and connection with its employee benefit Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25511 plans and expects in the future to issue (10), permit consideration of the distance of 6.94 miles, for a total additional shares for the purpose of scheduled matter at the closed meeting. distance of 14.28 miles, in Kent and raising additional equity capital. For Commissioner Johnson, as duty Ottawa Counties, MI. new shares issued, SFPG will incur officer, voted to consider the item listed Consummation of the transaction was additional costs for listing new shares for the closed meeting in a closed to be on or after May 8, 1996. on the CHX. session. If the verified notice contains false or The majority of SFPG’s stock is traded The subject matter of the closed misleading information, the exemption on the NYSE. Since the vast majority of meeting scheduled for Tuesday, May 21, is void ab initio. Petitions to reopen the SFPG stock is currently traded on 1996, at 10:00 a.m., will be: proceeding to revoke the exemption NYSE, SFPG believes that it is not cost Institution of administrative under 49 U.S.C. 10502(d) may be filed effective to maintain a listing on a proceedings of an enforcement nature. at any time. The filing of a petition to regional exchange. The Company has The subject matter of the open revoke will not automatically stay the therefore determined that a single meeting scheduled for Thursday, May transaction. listing, on the NYSE, will be sufficient 23, 1996, at 10:00 a.m., will be: An original and 10 copies of all to serve the needs of its stockholders. The Commission will hear oral argument pleadings, referring to STB Finance Any interested person may, on or on an appeal by Robert D. Potts from the Docket No. 32942, must be filed with before June 6, 1996, submit by letter to decision of an administrative law judge. For the Surface Transportation Board, Office the Secretary of the Securities and further information, please contact Susan B. of the Secretary, Case Control Branch, Exchange Commission, 450 Fifth Street Mann at (202) 942–0902. 1201 Constitution Avenue, NW., NW., Washington, D.C. 20549, facts The subject matter of the closed Washington, DC 20423. In addition, a bearing upon whether the application meeting scheduled for Thursday, May copy of each pleading must be served on has been made in accordance with the 23, 1996, following the 10:00 a.m., open Fritz R. Kahn, Esq., Suite 750 West, rules of the exchanges and what terms, meeting, will be: 1100 New York Avenue, NW., if any, should be imposed by the Washington, DC 20005–3934. Post oral argument discussion. Commission for the protection of Decided: May 14, 1996. investors. The Commission, based on At times, changes in Commission By the Board, David M. Konschnik, the information submitted to it, will priorities require alterations in the Director, Office of Proceedings. issue an order granting the application scheduling of meeting items. For further Vernon A. Williams, after the date mentioned above, unless information and to ascertain what, if Secretary. any, matters have been added, deleted the Commission determines to order a [FR Doc. 96–12734 Filed 5–20–96; 8:45 am] hearing on the matter. or postponed, please contact: The Office BILLING CODE 4915±00±P For the Commission, by the Division of of the Secretary at (202) 942–7070. Market Regulation, pursuant to delegated Dated: May 17, 1996. authority. Jonathan G. Katz, UNITED STATES INFORMATION Jonathan G. Katz, Secretary. AGENCY Secretary. [FR Doc. 96–12900 Filed 5–17–96; 8:45 am] [FR Doc. 96–12735 Filed 5–20–96; 8:45 am] BILLING CODE 8010±01±M Culturally Significant Objects Imported BILLING CODE 8010±01±M for Exhibition; Determination Notice is hereby given of the DEPARTMENT OF TRANSPORTATION Sunshine Act Meeting; Agency following determination: Pursuant to the authority vested in me by the Act of Meetings 1 Surface Transportation Board October 19, 1965 (79 Stat. 985, 22 U.S.C. Notice is hereby given, pursuant to [STB Finance Docket No. 32942] 2459), Executive Order 12047 of March the provisions of the Government in the 27, 1978 (43 FR 13359, March 29, 1978), Sunshine Act, Pub. L. 94–409, that the Coopersville & Marne Railway and Delegation Order No. 85–5 of June Securities and Exchange Commission CompanyÐAcquisition and Operation 27, 1985 (50 FR 27393, July 2, 1985), I will hold the following meetings during ExemptionÐCentral Michigan Railway hereby determine that the objects in the the week of May 20, 1996. Company (19491) exhibit ‘‘Masterpieces from the Palazzo A closed meeting will be held on Doria Pamphilj, Rome’’ (See list1) Coopersville & Marne Railway Tuesday, May 21, 1996, at 10:00 a.m. An imported from abroad for the temporary Company of Coopersville, MI (CMR), a open meeting will be held on Thursday, exhibition without profit within the noncarrier, has filed a verified notice of May 23, 1996, at 10:00 a.m. A closed United States, are of cultural exemption under 49 CFR 1150.31 to meeting will be held on Thursday, May significance. These objects are imported acquire and operate certain railroad 23, 1996, following the 10:00 a.m. open pursuant to loan agreements with lines of Central Michigan Railway meeting. foreign lenders. I also determine that the Company (CMGN) from: (1) Milepost Commissioners, Counsel to the exhibition or display of the listed 1.16 at Marne, to milepost 8.5 at Commissioners, the Secretary to the exhibit objects at The National Gallery Coopersville, a distance of 7.34 miles; Commission, and recording secretaries of Art, Washington, D.C., from on or and (2) milepost 1.16, (old 166.44) at will extend the closed meeting. Certain about June 16, 1996, through on or Marne, to milepost 159.5 at Walker, a staff members who have an interest in about September 2, 1996, following a the matter may also be present. showing at the National Gallery, 1 The ICC Termination Act of 1995, Pub. L. No. The General Counsel of the 104–88, 109 Stat. 803, which was enacted on London, England, is in the national Commission, or his desginee, has December 29, 1995, and took effect on January 1, certified that, in his opinion, one or 1996, abolished the Interstate Commerce 1 A copy of this list may be obtained by Commission and transferred certain functions to the contacting Jacqueline Caldwell, Assistant General more of the exemptions set forth in 5 Surface Transportation Board (Board). This notice Counsel, at 202/619–6982; the address is Room 700, U.S.C. 552b (c)(4), (8), (9)(A) and (10) relates to functions that are subject to Board U.S. Information Agency, 301–4th Street, SW., and 17 CFR 200.402 (a)(4), (8), (9)(i) and jurisdiction pursuant to 49 U.S.C. 10901. Washington, D.C. 20547. 25512 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices interest. Public Notice of this p.m. (Eastern Time). The sessions NW, (Techworld), Washington, DC at determination is ordered to be scheduled for June 19 and 20 are least five days before the meeting. For published in the Federal Register. scheduled to begin at 8:00 a.m. and end further information, he can be reached Dated: May 15, 1996. at 5:00 p.m. (Eastern Time). The at 202.565.7298 until May 17, 1996. Les Jin, purpose of the meeting is to review Following that date, Mr. Judy’s new General Counsel. research and development applications telephone number will be 202.273.7298. [FR Doc. 96–12743 Filed 5–20–96; 8:45 am] concerned with the measurement and Dated: May 13, 1996. evaluation of health care systems and BILLING CODE 8230±01±M By Direction of the Secretary. with testing new methods of health care delivery and management. Applications Heyward Bannister, Committee Management Officer. DEPARTMENT OF VETERANS are reviewed for scientific and technical AFFAIRS merit. Recommendations regarding their IIR Project Merit Review—Agenda, funding are prepared for the Acting Health Services Research and Advisory Committee on Structural Chief Research and Development Officer Development Service, Department of Safety of Department of Veterans (12). Veterans Affairs This meeting will be open to the Affairs Facilities; Notice of Charter Holiday Inn, Government Center, 5 Renewal public (to the seating capacity of the room) at the start of the June 18 session Blossom Street, Boston, This gives notice under the Federal for approximately a half an hour to Massachusetts 02114, Tel. Advisory Committee Act (Pub. L. 92– cover administrative matters and to 617.742.7630, Fax. 617.742.4192 463) of October 6, 1972, that the discuss the general status of the June 18, 1996 Advisory Committee on Structural program. The closed portion of the Safety of Department of Veterans Affairs meeting involves discussion, 1:00 p.m.—Welcome, Introductions and Facilities has been renewed for a 2-year examination, reference to, and oral Instructions period beginning April 11, 1996, review of staff and consultant critiques 1:30 p.m.—Application Reviews through April 11, 1998. of research protocols, and similar 3:30 p.m.—Break 3:45 p.m.—Application Reviews Dated: May 13, 1996. documents. During this portion of the 5:00 p.m.—Meeting Recess By direction of the Secretary. meeting, discussion and Heyward Bannister, recommendations will deal with June 19, 1996 qualifications of personnel conducting Committee Management Officer. 8:00 p.m.—Application Reviews the studies, the disclosure of which [FR Doc. 96–12663 Filed 5–20–96; 8:45 am] 10:00 a.m.—Break would constitute a clearly unwarranted BILLING CODE 8320±01±M 10:15 a.m.—Application Reviews invasion of personal privacy, as well as 1:00 p.m.—Lunch research information, the premature 2:00 p.m.—Application Reviews disclosure of which would be likely to Scientific Review and Evaluation 3:30 p.m.—Break significantly frustrate implementation of Board for Health Services Research 3:45 p.m.—Application Reviews proposed agency action regarding such and Development Service; Notice of 5:00 p.m.—Meeting Recess Meeting research projects. As provided by the subsection 10(d) of Public Law 92–463, June 20, 1996 The Department of Veterans Affairs, as amended by Public Law 94–409, 8:00 p.m.—Application Reviews Veterans Health Administration, gives closing portions of these meetings is in 10:00 a.m.—Break notice under Public Law 92–463, that a accordance with 5 U.S.C. 552b(c)(6) and 10:15 a.m.—Application Reviews meeting of the Scientific Review and (9)(B). 1:00 p.m.—Lunch Evaluation Board for Health Services Due to the limited seating capacity of 2:00 p.m.—Application Reviews Research and Development Service will the room, those who plan to attend the 3:30 p.m.—Break be held at the Holiday Inn-Government open session should contact Mr. Bill 3:45 p.m.—Application Reviews Center, 5 Blossom Street, Boston, MA, Judy, Manager, Program Review (124F), 5:00 p.m.—Meeting Adjourned June 18, through June 20, 1996. The Health Services Research and session on June 18, 1996, is scheduled Development Service, Department of [FR Doc. 96–12664 Filed 5–20–96; 8:45 am] to begin at 1:00 p.m. and end at 5:00 Veterans Affairs, 810 Vermont Avenue, BILLING CODE 8320±01±M 25513

Corrections Federal Register Vol. 61, No. 99

day, May 21, 1996

This section of the FEDERAL REGISTER should read ‘‘3.75’’; and in the sixth On page 24740, in the second column, contains editorial corrections of previously column, in the ninth line, ‘‘3,631’’ under DATES, in 3., ‘‘June 8, 1996’’ published Presidential, Rule, Proposed Rule, should read ‘‘43,631’’. should read ‘‘June 12, 1996. and Notice documents. These corrections are BILLING CODE 1505±01±D prepared by the Office of the Federal § 130.10 [Corrected] Register. Agency prepared corrections are issued as signed documents and appear in 2. On page 20435, in the first column, the appropriate document categories in § 130.10(a), in the table, in the first PENSION BENEFIT GUARANTY elsewhere in the issue. column, the heading should read CORPORATION ‘‘Number of birds in isolette’’. 29 CFR Part 2619 BILLING CODE 1505±01±D DEPARTMENT OF AGRICULTURE Valuation of Plan Benefits in Single- Employer Plans; Valuation of Plan Animal and Plant Health Inspection DEPARTMENT OF HEALTH AND Benefits and Plan Assets Following Service HUMAN SERVICES Mass Withdrawal; Amendments Adopting Additional PBGC Rates 9 CFR Part 130 Centers for Disease Control and Correction [Docket No. 92-174-2] Prevention RIN 0579-AA67 In rule document 95–20141 beginning 42 CFR Part 84 on page 42037 in the issue of Tuesday, Import/Export User Fees August 15, 1995, make the following National Institute for Occupational correction: Correction Safety and Health (NIOSH); Meeting Appendix B to Part 2619 [Corrected] In rule document 96–11211 beginning Correction on page 20421 in the issue of Tuesday, On page 42039, in Appendix B to Part May 7, 1996, make the following In proposed rule document 96–11859 2619, the table at the top of the page corrections: beginning on page 24740 in the issue of should read ‘‘Table II [Annuity 1. On page 20430, in the table, in the Thursday, May 16, 1996, make the Valuations]’’. fifth column, in the ninth line, ‘‘3.754’’ following correction: BILLING CODE 1505±01±D federal register May 21,1996 Tuesday Executive Order11246;ProposedRule Action Requirements;Implementationof Government Contractors,Affirmative 41 CFRParts60±1and60±60 Programs Office ofFederalContractCompliance Department ofLabor Part II 25515 25516 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

DEPARTMENT OF LABOR access to the FAX equipment, only proposed conforming changes would public comments of six or fewer pages affect several definitions and, for Office of Federal Contract Compliance will be accepted via FAX transmittal. example, some aspects of enforcement. Programs Receipts of FAX transmittals will not be Finally, today’s NPRM proposes the acknowledged, except that the sender deletion of most sections of part 60–60 41 CFR Parts 60±1 and 60±60 may request confirmation of receipt by from the regulations and the transfer of calling OFCCP at 202–219–9430 (voice), a few sections to part 60–1. The deleted Government Contractors, Affirmative 1–800–326–2577 (TDD). sections describe OFCCP’s traditional Action Requirements; Implementation compliance review process and the of Executive Order 11246 FOR FURTHER INFORMATION CONTACT: Joe N. Kennedy, Deputy Director, OFCCP, transferred sections relate to AGENCY: Office of Federal Contract Room C–3325, 200 Constitution preservation of confidentiality of data Compliance Programs (OFCCP), ESA, Avenue, N.W., Washington, DC 20210. submitted by contractors, the timeframe Labor. Telephone 202–219–9475 (voice), 1– within which a contractor must submit ACTION: Notice of proposed rulemaking. 800–326–2577 (TDD). Copies of this an affirmative action program and NPRM, including copies in alternate supporting documents and SUMMARY: This proposal would revise formats, may be obtained by calling authorization for agreements concerning certain provisions of the current 202–219–9430 (voice), 1–800–326–2577 nationwide AAP formats. Similar regulations implementing Executive (TDD). The alternate formats available deletions and transfers were contained Order 11246, as amended, to reduce are large print, electronic file on in the 1980 final rule and the 1981 burdens on the regulated community computer disk and audio-tape. proposal. and to improve administration of the Section-by-Section Analysis Order. The Executive Order prohibits all SUPPLEMENTARY INFORMATION: nonexempt Government contractors and Background Section 60–1.3 Definitions subcontractors, and federally assisted OFCCP’s regulations at 41 CFR The proposal adds one new definition construction contractors and chapter 60 implementing Executive for compliance evaluation and revises subcontractors, from discriminating in Order 11246, as amended (30 FR 12319, several others to render them consistent employment, and requires these September 28, 1965) have not with the definitions included in contractors to take affirmative action to undergone substantive revision since OFCCP’s Section 503 final rule. ensure that employees and applicants the 1970s. A final rule was published on ‘‘Compliance Evaluation.’’ The are treated without regard to race, color, December 30, 1980 (45 FR 86215; proposal adds a new definition of the religion, sex and national origin. The corrected at 46 FR 7332, January 23, term ‘‘compliance evaluation’’ to reflect proposed revisions to the regulations on 1981), but was stayed in accordance OFCCP’s authority to conduct a variety obligations of contractors and with Executive Order 12291 on January or range of activities to assess a subcontractors concern record retention, 28, 1981 (46 FR 9084). This rule later contractor’s compliance status. compliance monitoring, and segregated was stayed indefinitely on August 25, Previously OFCCP generally has facilities. In addition, the proposal 1981 (46 FR 42865), pending action on conducted a full compliance review of would amend certain provisions of the a notice of proposed rulemaking a contractor, assessing all its regulations to parallel provisions (NPRM) published on that same date (46 employment practices, whenever it included in OFCCP’s final rule FR 42968; supplemented at 47 FR reviewed a contractor’s status. As implementing Section 503 of the 17770, April 23, 1982). OFCCP has discussed in more detail in the Rehabilitation Act of 1973, as amended, taken no further action on the August preamble discussion of § 60–1.20, the which was published in the Federal 25, 1981, proposal, or consequently on proposal would allow OFCCP to use any Register on May 1, 1996. The proposal the 1980 stayed final rule. one or a combination of actions to also would transfer some sections of the Both the 1980 final rule and the 1981 examine a contractor’s compliance with regulations on contractor evaluation proposal addressed 41 CFR part 60–1. one or more of the Executive Order procedures for supplies and services to The changes they would have made to 11246 requirements. Thus, the proposal the regulations on obligations of 41 CFR part 60–1 have been considered would allow OFCCP to streamline the contractors and subcontractors and in developing today’s NPRM and, where review process for many contractors. delete the remainder of the sections. pertinent, are discussed in the Section- The proposal also would allow OFCCP Finally, this proposal would withdraw by-Section analysis below. To avoid to focus its investigatory resources portions of a final rule published on conflict with today’s NPRM, OFCCP where they are needed, while December 30, 1980 (and subsequently proposes to withdraw part 60–1 of the conducting some level of review of a suspended), and it hereby withdraws a 1980 final rule, and hereby withdraws broader segment of the contractor proposed rule published on August 25, the 1981 and 1982 NPRMs in their universe. 1981 (and supplemented on April 23, entirety. ‘‘Contract.’’ The current regulation 1982). As discussed in the Section-by- defines the term ‘‘contract’’ as ‘‘any DATES: To be assured of consideration, Section analysis, today’s NPRM Government contract or any federally comments must be in writing and must proposes changes to 41 CFR part 60–1 assisted construction contract.’’ The be received on or before July 22, 1996. provisions concerning record retention, proposal adds the word ‘‘subcontract’’ ADDRESSES: Comments should be sent to compliance monitoring, and segregated to this definition (‘‘any Government Joe N. Kennedy, Deputy Director, facilities. In addition, to ensure contract or subcontract or any federally OFCCP, Room C–3325, 200 Constitution consistency in OFCCP programs, today’s assisted construction contract or Avenue, N.W., Washington, DC 20210. NPRM proposes conforming certain part subcontract’’) to eliminate the need to As a convenience to commenters, 60–1 provisions to parallel provisions reference ‘‘subcontract’’ each time OFCCP will accept public comments revised by OFCCP’s final rule ‘‘contract’’ is referenced in the body of transmitted by facsimile (FAX) machine. implementing Section 503 of the the regulation. Accordingly, the The telephone number of the FAX Rehabilitation Act of 1973, as amended proposal generally references the term receiver is 202–219–6195. To assure (61 FR 19336; May 1, 1996). These ‘‘subcontract’’ only when necessary to Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25517 the context. This same change would the Northern Mariana Islands, and Wake strengthen the basic prohibition have been made by the 1980 final rule. Island. regarding segregated facilities, which OFCCP will continue to monitor ‘‘Deputy Assistant Secretary.’’ The Section 60–1.8 Segregated Facilities Director of OFCCP recently was through compliance investigations, the redesignated the Deputy Assistant Today’s proposal would revise § 60– proposed withdrawal of the certification Secretary for Federal Contract 1.8, which currently sets out a general requirement will not reduce protections Compliance Programs. The proposal, prohibition regarding the maintenance afforded to workers. therefore, substitutes a definition of of segregated facilities (paragraph (a)) Withdrawing the certification ‘‘Deputy Assistant Secretary,’’ for the and a certification requirement requirement will significantly reduce definition of ‘‘Director’’ in the current regarding compliance with that compliance burdens on contractors. The regulations, and makes this title change obligation (paragraph (b)). Government lets approximately 350,000 throughout the proposal. To ensure Specifically, under paragraph (a) of prime contracts each year. If it is internal consistency, OFCCP intends to § 60–1.8, nonexempt contractors and assumed that each prime contract issue a rule making a corresponding subcontractors must ensure that results in an average of four universal change to its regulations facilities they provide to their subcontracts, and that it takes about before publishing the final rule resulting employees are not segregated on the one-half hour to prepare and submit the from this proposal. basis of race, color, religion or national written certification, eliminating the origin. Further, paragraph (a) states that ‘‘Government Contract.’’ The certification requirement would reduce this obligation extends to all contracts proposed definition of ‘‘Government compliance burdens on the contractor containing the equal opportunity clause, contract’’ is revised to clarify that community by roughly 875,000 hours. regardless of the amount of the contract. covered contracts include those under This estimate may significantly Paragraph (b) of the regulation understate the savings; many which the Government is a seller of provides that, prior to the award of a goods or services, as well as those under contractors annually solicit the Government contract or federally certification from all of their prospective which it is a purchaser. This change assisted construction contract, each reflects OFCCP’s long-standing vendors rather than limiting their contracting agency or applicant for request to those firms that actually are interpretation of the scope of the Federal financial assistance involving a Executive Order, upheld in Crown subcontractors on Federal projects. construction contract shall require the The 1980 final rule, and the 1981 Central Petroleum Corp. v. Kleppe (424 prospective prime contractor to submit proposal, would have made similar F. Supp. 744 (D. Md. 1976)), that sales a certification that it does not and will revisions to the segregated facilities by the Government result in covered not maintain segregated employee regulation. contracts. Hence, the proposal facilities. Paragraph (b) also requires substitutes a reference to contracts for prime contractors and subcontractors, Section 60–1.12 Record Retention the ‘‘purchase, sale or use of personal prior to the award of subcontracts, to OFCCP’s primary Executive Order property or nonpersonal services’’ and a obtain such a certification from their recordkeeping and record retention definition of the term ‘‘personal prospective subcontractors. regulations are contained in 41 CFR 60– property’’ for the existing reference to This proposal would conform § 60– 1.40 and 60–4.3, and parts 60–2 and 60– the ‘‘furnishing’’ of supplies or services, 1.8 with the Executive Order’s general 3 (the Uniform Guidelines on Employee or for the use of real or personal nondiscrimination requirements, by Selection Procedures, hereafter UGESP). property, including lease arrangements. adding sex to the list of bases upon The regulations require certain ‘‘Rules, regulations and relevant which segregation is prohibited, with contractors to develop, implement and orders of the Secretary of Labor.’’ A rule the proviso that separate or single-user maintain a written affirmative action published on May 3, 1996 (61 Fed. Reg. restrooms and necessary dressing or program (AAP) for each of their 19982) amended the definition of sleeping areas shall be provided to establishments; to compile the results of ‘‘Secretary’’ to include a ‘‘designee’’ of assure privacy between the sexes. The the program; to update the program the Secretary of Labor. The definition of proposal also would make a number of annually; and to provide the program ‘‘rules, regulations and relevant orders stylistic changes to existing paragraph and supporting documentation to of the Secretary of Labor’’ in the current (a). OFCCP upon request; to maintain data regulations, which makes reference to OFCCP proposes to withdraw the on applicants, selection and referral the designee of the Secretary, therefore written certification requirement procedures and, as applicable, adverse is no longer necessary and is omitted in (paragraph (b) of the current regulation). impact and evidence of validity; and, if this proposal. The certification requirement originally engaged in Federal or federally assisted ‘‘Subcontract.’’ The proposal was incorporated into the Executive construction, to compile and maintain conforms the current definition of Order regulations in 1967 (see 32 FR data on employees and applicants for ‘‘subcontract’’ to the proposed 7439, May 19, 1967). At that time, construction jobs. Although retention of definition of ‘‘Government contract’’ segregation in employee facilities, relevant records is implicit in the above; that is, as revised, the proposed especially on the basis of race, was not requirement to analyze selection definition references agreements for the uncommon. The certification decision data, prepare an annual ‘‘purchase, sale or use’’ of personal requirement was intended in large part update, and provide supporting property or nonpersonal services. to put contractors on notice that such documentation, the Executive Order ‘‘United States.’’ OFCCP proposes to segregation was unlawful and would not regulations, with one exception, do not revise the current definition of ‘‘United be tolerated. In the intervening 28 years, expressly prescribe a record retention States’’ by deleting the Panama Canal as a result of civil rights law period. That exception is the Zone (which was ceded back to Panama enforcement and other factors, requirement under the UGESP to keep under the terms of the Panama Canal employers have become aware that certain adverse impact data for two Treaty) and by specifying the segregation in employee facilities is years after the adverse impact has been possessions and territories of the United unlawful. Indeed, such segregation has eliminated. States as: the Virgin Islands, Guam, been significantly reduced. Because Paragraph (a) of the proposal amends American Samoa, the Commonwealth of today’s proposal would retain and this obligation in several ways: First it 25518 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules makes the record retention obligation taken under the AAPs. Such Section 60–1.20 Compliance applicable to any personnel or documentation might reflect, for Evaluations employment record made or kept by the example, the contractor’s outreach and The proposal would revise paragraphs contractor, and sets out a listing of recruitment efforts undertaken to (a) and (d) of this section, which examples of the types of records that increase its pool of female or minority respectively address compliance must be retained. This provision applicants, or training programs reviews in general, and preaward conforms to the analogous requirement instituted to enhance the skills and clearance requirements. under Title VII of the Civil Rights Act talents of incumbent employees to In the current regulations, paragraph of 1964. (Thus, contractors with 15 or increase the pool of those eligible for (a) describes the purpose of a more employees, i.e., those that are promotion. This provision is intended compliance review of a contractor’s covered by Title VII of the Civil Rights to ensure that the AAPs are available to implementation of its Act, already are required to comply with OFCCP during a compliance evaluation. nondiscrimination and affirmative this requirement. The only contractors Proposed paragraph (c) provides that action obligations, provides that the that will be newly covered by this the failure to preserve the records review shall consist of a comprehensive requirement are those that have required by proposed paragraphs (a) and analysis of all relevant practices, and Government contracts subject to the (b) constitutes noncompliance with the provides that recommendations for Executive Order’s regulations (e.g., Order. Additionally, proposed appropriate sanctions shall be made. those with contracts that exceed paragraph (c), in a provision that is not The proposal specifically authorizes $10,000) and that have fewer than 15 paralleled in the current regulations, OFCCP’s use of additional methods to employees. This group of contractors states that where a contractor has evaluate a contractor’s compliance with consists almost entirely of small destroyed or failed to preserve required the regulations. The proposal specifies construction contractors.) records, there may be a presumption Second, proposed paragraph (a) that the compliance evaluation methods that such records would have been available to OFCCP, other than the full stipulates that the required record unfavorable to the contractor. However, retention period is two years. It is compliance review, may include a range this presumption will not apply where of activities designed to focus, for OFCCP’s practice to review the a contractor demonstrates that the contractor’s employment practices example, on the contractor’s written destruction or failure to preserve affirmative action plan; the accuracy of dating back two years prior to the records resulted from circumstances initiation of a compliance evaluation data submitted for review at desk audit; beyond the contractor’s control (e.g., or on one component or organizational and to assess liability for discriminatory fires, floods, tornados, or other natural practices dating back two years. unit of the contractor’s workforce. Thus, disasters). This provision is consistent the proposal would allow OFCCP to Proposed paragraph (a) requires smaller with EEOC’s practice under Title VII, as contractors (those that have fewer than streamline the review process in many set forth at § 632.3(b)(2)(ii) of EEOC’s 150 employees or that do not have a cases. Compliance Manual. The intent of this Government contract of at least The proposal also would revise provision is to deter contractors from $150,000) to retain records for a paragraph (d), which currently requires deliberate attempts to frustrate OFCCP’s minimum of one year, rather than two OFCCP to conduct a preaward compliance monitoring and years. Most contractors are covered by compliance review of contractors being enforcement efforts by destroying or the one year record retention period considered for contracts of $1 million or failing to preserve records. The adverse imposed by Title VII. OFCCP is more. The preaward provision has been inference established by paragraph (c) proposing a shorter record retention a component of OFCCP’s regulatory would be used by OFCCP in both period for smaller contractors as a procedures since 1968. The intent of the method of reducing regulatory burden investigations of compliance and in preaward clearance provision is to on such contractors. This proposal is enforcement litigation. prevent the award of large dollar consistent with a provision included in Proposed paragraph (d), which is not contracts to contractors which are either OFCCP’s Section 503 final rule. paralleled in the current regulations, in noncompliance or unwilling to Third, proposed paragraph (a) would clarify that the contractor is comply with the EEO clause of the requires that when a contractor has been obligated to preserve only those records contract. notified that a complaint has been filed, which are created or kept on or after the Specifically, § 60–1.20(d) requires the that a compliance evaluation has been effective date of the regulations. awarding agency to obtain clearance initiated or that an enforcement action The proposed regulation has been from OFCCP prior to awarding Federal has been commenced, the contractor carefully drafted to comport with supply/ service contracts of $1 million shall preserve all relevant personnel requirements under Title VII of the Civil or more. OFCCP must certify that a records until the final disposition of the Rights Act of 1964, the Age Federal contractor/prospective action. This provision conforms to the Discrimination in Employment Act contractor is in compliance before the corresponding record retention (ADEA), the Americans with Disabilities award of a contract. requirement under Title VII. The Act (ADA) and the requirement The concept of preaward compliance purpose of this requirement is included in OFCCP’s final rule reviews was premised on three obvious—to ensure that OFCCP can implementing Section 503 of the assumptions: (1) Contracts of a sizable obtain all relevant documents during a Rehabilitation Act of 1973, as amended. dollar amount tend to generate compliance investigation or The Title VII, ADEA, and ADA expanded hiring, promotion and enforcement action. regulations contain record retention upgrading opportunities; (2) the conduct Proposed paragraph (b) provides that requirements for similar records that of a compliance review immediately a contractor establishment required to vary from one to three years. The vast prior to the award is the most efficient develop a written affirmative action majority of Federal contractors already way of ensuring that those employment program (AAP) shall maintain its are subject to one or more of these opportunities be used to address the current AAP and its AAP for the statutes and thus already are required to consequences of any past job preceding AAP year, along with maintain the records described in this discrimination; and (3) contractors tend documentation of good faith efforts proposed regulation. to be more amenable to achieving Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25519 compliance across-the-board when it is contractor has held a covered Federal addition, OFCCP invites commenters to an immediate condition of the contract. contract before, whether the contractor address the option of moving from Although these assumptions generally has been reviewed before and, if so, preaward reviews to a system under are still correct, the preaward review whether prior reviews have revealed which OFCCP reviews would be has not been a successful compliance noncompliance at the same or other performed concurrent with the mechanism for the past 15 years. establishments, the length of time that awarding of a Federal contract. OFCCP has been severely hampered has passed since a prior review, and the Finally, as discussed under the in its efforts to plan and carry out EEO–1 profile of the contractor. It is heading of part 60–60 below, the compliance reviews because of the difficult to describe more precisely the proposal moves provisions now regulatory and other requirements factors OFCCP will use, because they contained in part 60–60 that relate to associated with preaward requests. may change over time as economic confidentiality of data, timely OFCCP recognized the shortcomings of conditions change. For example, in submission of documents to OFCCP, the preaward process as early as 1979 recent years the most growth in and nationwide AAP formats to this and attempted to modify the provision employment opportunities has occurred section. in the 1980 final rule. The 1981 in small businesses and that growth has Section 60–1.26 Enforcement proposal would have eliminated the occurred in the service sector of the Proceedings requirements for preaward clearance. economy. Because these facts may The ineffectiveness of the preaward change in future years, they are not The proposal revises and restructures provision also was identified and cited specified as factors OFCCP will consider for clarity § 60–1.26, which details in 1985 and 1988 reports of the when deciding whether to conduct a Executive Order enforcement Department of Labor Inspector General. preaward review. By making the procedures. With the exception of the Several factors contribute to the preaward review optional, the proposal provision relating to calculating interest, difficulties with the preaward process, allows OFCCP the necessary flexibility this proposal is not intended to make including: insufficient staff and budget and latitude in establishing the agency’s substantive changes to this section. to process the large volume of preaward enforcement priorities, rather than Proposed subsection (a) contains general requests—approximately 27,625 continuing to allow those priorities to provisions applicable to both preaward requests were received in FY be dictated by the incoming preaward administrative and judicial ’93; the short time available within requests. OFCCP invites commenters to enforcement. Proposed subsection (b) which to conduct preaward reviews; address whether it should make addresses administrative enforcement and court rulings that require a hearing preaward reviews optional, or should procedures, and proposed subsections before OFCCP may declare a contractor retain such reviews as mandatory. (c) and (d) cover judicial enforcement ineligible for contracts. See e.g., Illinois This proposal provides, as does the proceedings, which are handled by the Tool Works v. Marshall, 601 F.2d 943 current regulation, that OFCCP will Department of Justice. (7th Cir. 1979). provide an awarding agency with its The proposal also makes several In addition, some contracting agencies conclusions regarding clearance for an specific changes to this section that are have expressed concerns about the award. However, the proposal requires consistent with provisions included in traditional preaward process. OFCCP that OFCCP inform an awarding agency OFCCP’s Section 503 final rule at 41 has held consultations with various within 15 days of its intention to CFR 60–741.65(a)(1). First, it clarifies in contracting agencies during the past conduct a preaward review. If OFCCP subsection (a)(2) that OFCCP may seek year and has adopted a number of does not inform an awarding agency relief for victims of discrimination administrative reforms as a result. Those within that period of its intention to identified either during a compliance reforms relate to its interactions with conduct a preaward review, clearance evaluation or a complaint investigation the contracting agencies during the shall be presumed and the agency is whether or not such individuals have preaward process, and they were authorized to proceed with the award. If filed a complaint with OFCCP. OFCCP implemented in order to ensure that the OFCCP informs an awarding agency of has long maintained that such a process is as streamlined as possible. its intention to conduct a preaward limitation on available relief clearly is Those consultations are ongoing and review, OFCCP shall be allowed an inconsistent with the Order. OFCCP’s OFCCP will continue to work with the additional 20 days after the date that it position recently was upheld in a case contracting agencies to improve the so informs the agency to provide its under Section 503, OFCCP v. process. conclusions. If OFCCP does not provide Commonwealth Aluminum, 82–OFC–6 Based on the foregoing concerns with an awarding agency with its conclusions (Assistant Secretary for Employment the current preaward provision, OFCCP within that period, clearance shall be Standards, February 10, 1994), Federal considered a number of options presumed and the agency is authorized court review pending sub nom. including the complete elimination of to proceed with the award. This Commonwealth Aluminum Corporation the preaward provision, an increase in proposal ensures that the preaward v. United States (WD Ky., No. 94–0071– the dollar amount of the preaward review process will not contribute to O(C)). contract threshold, and the replacement any unnecessary delay in the Second, the proposal states, also in of the preaward review with a procurement process. subsection (a)(2), that interest on back postaward review. OFCCP decided to This proposal continues the threshold pay shall be compounded quarterly at promulgate this proposal which for preaward notification at $1 million. the percentage rate established by the modifies the provision by making the However, OFCCP invites commenters to Internal Revenue Service for the preaward compliance review optional. address whether the existing threshold underpayment of taxes. This provision Thus, preaward reviews will be should be changed or retained, in light would reverse the ruling of the conducted if OFCCP determines that a of the dual goals of streamlining the Department of Labor’s Assistant review would constitute the best use of procurement process and ensuring that Secretary for Employment Standards in its limited resources. OFCCP may OFCCP has the information necessary to OFCCP v. Washington Metropolitan consider factors such as whether the allow it to evaluate the compliance Area Transit Authority, 84–OFC–8 contract is likely to generate significant status of companies that may be (orders dated August 23 and November employment opportunities, whether the awarded new Government contracts. In 17, 1989), that simple interest, rather 25520 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules than compounded interest, should be set forth at § 60–1.26. In the 1980 final Executive Order program by deterring used in the calculation of back pay rule the combined sanctions and contractors from engaging in violations awards under Section 503. That Section enforcement proceedings regulation based upon ‘‘a cold weighing of the 503 ruling, which relied upon the appeared at § 60–1.29, and in the 1981 costs and benefits of noncompliance.’’ Department’s regulations (at 29 CFR part proposal the combined regulation Janik Paving & Construction v. Brock, 20) implementing Section 11 of the Debt appeared at § 60–1.68. 828 F.2d 84 (2d Cir. 1987). Where fixed Collection Act of 1982 (31 U.S.C. 3717), The proposal adds a new paragraph term debarment is ordered, in lieu of an could be construed as applicable also to specifically addressing the sanction of indefinite term debarment, the length of relief under the Executive Order. debarment. Paragraph (b) of the the debarment period will be OFCCP had a longstanding policy of proposal provides for a fixed term determined on a case-by-case basis, requiring that interest on back pay debarment for a period of six months or depending upon factors such as the awards under the Executive Order be more, as well as indefinite term nature and severity of the violations. A compounded; such policy is consistent debarment. The Secretary already has contractor debarred for a fixed term will with the case law under Title VII of the ordered the imposition of a fixed term not be automatically reinstated upon the Civil Rights Act of 1964. OFCCP debarment in OFCCP v. Disposable conclusion of the fixed term debarment believes that it must reinstate this policy Safety Wear, 92–OFC–11 (Decision and period. In making his or her to ensure that victims of discrimination Final Administrative Order of the determination as to whether obtain complete ‘‘make whole’’ relief. Secretary of Labor, September 29, 1992). reinstatement of such a contractor is Third, the proposal provides in See also OFCCP v. Blaine Construction appropriate, the Deputy Assistant subsection (b)(1) that administrative Co., 94–OFC–4 (Decision and Final Secretary shall consider whether the enforcement proceedings also may be Administrative Order of the ALJ, March contractor has demonstrated that it has instituted where OFCCP determines that 9, 1994); OFCCP v. KRT Drywall/ established and will carry out referral for formal enforcement (rather Acoustical, 94–OFC–14 (Order of the employment policies and practices in than settlement) is appropriate. Fourth, ALJ, August 18, 1994); OFCCP v. State compliance with the Executive Order. If the proposal specifies in subsection Construction of Southeast Wisconsin, the contractor failed to comply with the (b)(1) that the administrative Department’s Final Administrative 94–0FC–18 (Orders of the ALJ, August enforcement referral will be made to the Order, it would not be eligible for 31 and September 8, 1994). The Solicitor of Labor. reinstatement at the conclusion of the proposal simply provides contractors The proposal states that the rules of fixed term debarment period. evidence set out in the hearing rules with greater notice that a fixed term applicable to the Department’s debarment of six months or more may Section 60–1.30 Notification of Administrative Law Judges shall also be imposed in some cases instead of an Agencies apply to hearings conducted under 41 indefinite term debarment. OFCCP Consistent with a regulation in CFR part 60–30. These rules, which believes that the use of fixed period OFCCP’s Section 503 final rule, the were issued in 1990, are generally debarments will serve as a more proposal would delete the requirement applicable to the Department’s formal effective deterrent and encourage that OFCCP distribute a list of debarred adversarial adjudications. Consistent compliance among the recalcitrant contractors to all executive departments with a requirement included in contractors who repeatedly break their and agencies, and substitute a OFCCP’s Section 503 final rule, the promises of future compliance with requirement that the Deputy Assistant proposal also requires that the respect to affirmative action and Secretary ensure that the heads of Department’s Final Administrative recordkeeping and retention agencies are notified of debarments. Order in an Executive Order case be requirements. OFCCP has found that the Accordingly, the section would be issued within one year from the date of current practice of reinstating the renamed ‘‘Notification of agencies’’ the Administrative Law Judge’s contractor upon its simple instead of ‘‘Contract ineligibility list.’’ recommended decision, or the demonstration of compliance is The General Services Administration submission of the parties’ exceptions insufficient to ensure voluntary now publishes a listing of debarred and responses to exceptions to such compliance. Under the current contractors, and it would be redundant decision (if any), whichever is later. procedure the contractor may be for OFCCP to issue a separate list. OFCCP believes that this time limit is reinstated immediately without The 1980 final rule would have needed to ensure that aggrieved incurring any economic loss for a required that OFCCP promptly notify individuals obtain expeditious relief violation of an affirmative action the Comptroller General of the United and that contractors are assured of requirement (e.g., a contractor which States regarding contract cancellations closure of the administrative has failed to develop an AAP can and debarments. Further, that section of proceedings. simply do so to be eligible for the final rule would have required that reinstatement). A fixed term debarment OFCCP take appropriate steps to notify Section 60–1.27 Sanctions establishes a trial period during which prime contractors of the debarred The current sanction regulation a contractor can demonstrate its contractor’s ineligibility for provides only that the sanctions commitment and ability to establish subcontracts. Notice now is provided authorized by section 209 of the personnel practices that will ensure adequately by the General Services Executive Order may be exercised by or continued compliance with the Administration’s list of debarred with the approval of the Director of requirements of the Executive Order. contractors. OFCCP. The 1980 final rule and the Thus, in a Final Administrative Order, 1981 proposal deleted the current the Adminstrative Review Board could Section 60–1.31 Reinstatement of sanction regulation as a separate order a company to take specific action Ineligible Prime Contractors and provision, and they both generally to come into compliance and to submit Subcontractors merged the sanction regulation with the periodic reports to OFCCP regarding its The proposal would revise this regulation pertaining to enforcement compliance status during the fixed term section to make it consistent with proceedings. The regulation pertaining debarment period. A fixed term proposed § 60–1.27(b), which authorizes to enforcement proceedings currently is debarment scheme will strengthen the debarment either for an indefinite Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25521 period or for a fixed period of not less Section 60–1.34 Violation of a has been determined to be significant than six months. Accordingly, the Conciliation Agreement or Letter of for purposes of Executive Order 12866 proposal provides that a contractor Commitment and therefore has been reviewed by debarred for an indefinite period may The proposal contains a clarification OMB. This proposal does not meet the request reinstatement at any time, and that in enforcement proceedings related criteria of Section 3(f)(1) of Executive that a contractor debarred for a fixed to violation of a conciliation agreement, Order 12866 and therefore the period may request reinstatement after OFCCP is not required to present proof information enumerated in Section the expiration of the fixed period. In of the underlying violations resolved by 6(a)(3)(C) of that Order is not required. In accordance with section 6 of either type of debarment, the contractor, the agreement. This provision, which Executive Order 12866, an assessment as under the current regulations, would reflects OFCCP’s current practice and of the potential costs and benefits of the which is consistent with OFCCP’s be required to show that it has proposal has been made. Potential costs Section 503 final rule, is to remove any established and will carry out and benefits of record retention and doubt that OFCCP need not litigate employment practices in compliance certification proposals are discussed with the Executive Order. claims that have already been resolved below in the sections on the Regulatory through the agreement. Further, the proposal would adopt Flexibility Act and the Paperwork some of the 1980 final rule’s Section 60–1.42 Notices to be Posted Reduction Act. As noted therein, this reinstatement procedures. For instance, Technical corrections are made to the proposal would significantly reduce the similar to the 1980 final rule, the wording of the poster regarding the compliance burden on the contractor proposal specifies that the contractor jurisdictional coverage of Title VII and community by eliminating the segregated facilities certification may be subject to a compliance the address of EEOC. evaluation before a final determination requirement. OFCCP anticipates is made on the reinstatement request. Section 60–1.43 Access to Records and publishing an additional proposal Site of Employment relating to 41 CFR part 60–2 and the The 1980 final rule would have requirements of written affirmative established some additional detailed Consistent with a provision included action programs that would, if adopted, procedures that OFCCP, upon in OFCCP’s Section 503 final rule, the proposal specifies that computerized further reduce the burdens on reconsideration, does not believe need contractors. OFCCP’s goal in proposing to be incorporated into the regulations. records are among the records to which the contractor shall permit OFCCP regulatory changes is to streamline its Section 60–1.32 Intimidation and access for inspection and copying. In existing regulations and to reinvent its Interference addition, the proposal specifies that current processes in order make both contractors must permit OFCCP access contractor compliance and agency Currently, the regulations provide that to their premises for the purpose of enforcement more efficient and cost the sanctions and penalties contained conducting compliance evaluations and effective. Therefore, OFCCP invites therein may be exercised against any complaint investigations (the current comments on additional ways to reduce contractor which fails to ensure that no regulation mentions only compliance compliance burdens such as simplified person intimidates, threatens, coerces or reviews). Further, the proposal revises compliance procedures for small discriminates against any individual the list of uses which can be made of contractors. because he or she files a complaint or information OFCCP obtains from a Regulatory Flexibility Act otherwise participates in compliance contractor, to include the administration The proposed rule, if promulgated, activity under the Executive Order or a of other laws that are enforced, in whole will not have a significant economic similar Federal, state or local law. The or in part, by OFCCP. impact on a substantial number of small proposal contains a similar prohibition Part 60–60—Contractor Evaluation business entities. A requirement that but specifies that the contractor itself Procedures for Contractors for Supplies records be maintained for one to two shall not engage in such activities and and Services years (depending upon contractor size) shall ensure that all persons under its might result in a slight additional control do not do so, and adds that the Part 60–60 is to be deleted. Most of part 60–60 is properly characterized as storage burden for some small entities; prohibition applies to harassment. conversely, small entities and other Further, the proposal states that the internal operating procedures. A number of the procedures have been contractors would benefit from the prohibition applies to an individual’s incorporated into OFCCP’s Federal elimination of the segregated facilities opposition to any practice that is Contract Compliance Manual, and the certification. Therefore, a regulatory unlawful under the Order or similar provisions regarding confidentiality of flexibility analysis under the Regulatory Federal, state or local laws, and to the data furnished to OFCCP by contractors Flexibility Act is not required. exercise of any other right protected by are proposed to be incorporated into Paperwork Reduction Act the Order. The proposal is consistent part 60–1. Specifically, provisions The proposed rule would slightly with a provision included in OFCCP’s currently found at §§ 60–60.2(a), 60– Section 503 final rule, and it is revise information collection 60.3(a)(3), 60–60.3(d) and 60–60.4(a–d) requirements currently approved by substantially similar to the counterpart will be incorporated into § 60–1.20 with provision in the 1980 final rule (§ 60– OMB under the Paperwork Reduction minor changes. The 1980 final rule, and Act (44 U.S.C. 3501, et seq.). 1.28). The intent of the proposal is to the 1981 proposal, would have made As previously stated, withdrawing the incorporate strengthened provisions that similar revisions to part 60–60. certification requirement will ensure that individuals fully enjoy all Regulatory Procedures significantly reduce compliance rights protected under the Order, the burdens on contractors. The regulations and comparable Federal, Executive Order 12866 Government lets approximately 350,000 state and local laws without the threat The Department is issuing this prime contracts each year. If it is of harassment or intimidation. proposed rule in conformance with assumed that each prime contract Executive Order 12866. This proposal results in an average of four 25522 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules subcontracts, and that it takes about the use of appropriate automated, Authority: Sec. 201, E.O. 11246 (30 FR one-half hour to prepare and submit the electronic, mechanical, or other 12319), as amended by E.O. 12086. written certification, eliminating the technological collection techniques or 2. Section 60–1.3 is amended by certification requirement would reduce other forms of information technology, removing the definitions of Director and compliance burdens on the contractor e.g., permitting electronic submission of Rules, regulations, and relevant orders community by roughly 875,000 hours. responses. of the Secretary of Labor, by revising the This estimate may significantly The revised collections of information definitions of Contract, Government understate the savings; many contained in this proposed rule have contract, Subcontract and United States, contractors annually solicit the been submitted to OMB for review and by adding, in alphabetical order, the certification from all of their prospective under section 3507(d) of the Paperwork definitions of Compliance evaluation vendors rather than limiting their Reduction Act of 1995. Written and Deputy Assistant Secretary to read request to those firms that actually are comments on these proposed as follows: subcontractors on Federal projects. information collection revisions may Although for contractors with 150 or also be sent to the Office of Information § 60±1.3 Definitions. more employees and a contract of and Regulatory Affairs, Office of * * * * * $150,000 or more this proposal extends Management and Budget, Attention: Compliance evaluation means any to two years the current obligations such Desk Officer for Employment Standards, one or combination of actions OFCCP contractors already have under Title VII Washington, D.C. 20503. may take to examine a Federal and the ADA to retain records for one contractor or subcontractor’s year, there will be only a minimal Unfunded Mandates Reform Act compliance with one or more of the increase in burden imposed on The proposed rule, if promulgated, Executive Order 11246 requirements. contractors as a result of this change. A will not include any Federal mandate * * * * * similar conclusion was reached by that may result in the expenditure by Contract means any Government EEOC in 1991 when it doubled its state, local and tribal governments in contract or subcontract or any federally existing six-month retention period the aggregate, or by the private sector, of assisted construction contract or under Title VII to one year—an $100,000,000 or more in any one year. subcontract. obligation that applies to a significantly * * * * * larger universe of employers than does List of Subjects Deputy Assistant Secretary means the the obligation under the Executive 41 CFR Part 60–1 Deputy Assistant Secretary for Federal Order. See 56 FR 35753 (July 26, 1991). Administrative practice and Contract Compliance Programs, United Employers, especially larger ones, are procedure, Civil rights, Employment, States Department of Labor, or his or her increasingly maintaining electronic Equal employment opportunity, designee. records. Where this is the case, Government contracts, Government compliance with the requirement will * * * * * impose little or no additional burden. In procurement, Investigations, Reporting Government contract means any many cases, additional storage space and recordkeeping requirements. agreement or modification thereof would be needed only for applications 41 CFR Part 60–60 between any contracting agency and any of persons not hired (which generally person for the purchase, sale or use of Equal employment opportunity, personal property or nonpersonal are not cost effective to record and store Government procurement, Reporting electronically). services. The term ‘‘personal property,’’ and recordkeeping requirements. In addition, the proposal makes this as used in this section, includes retention obligation applicable to a Signed at Washington, D.C., this 10th day supplies, and contracts for the use of broader range of records than was of May, 1996. real property (such as lease previously required by the Executive Robert B. Reich, arrangements), unless the contract for Order regulations. However, this Secretary of Labor. the use of real property itself constitutes proposal would conform the obligation Bernard E. Anderson, real property (such as easements). The to the analogous requirement under Assistant Secretary for Employment term ‘‘nonpersonal services’’ as used in EEOC’s regulations (29 CFR 1602.14) Standards. this section includes, but is not limited issued pursuant to Title VII and the Shirley J. Wilcher, to, the following services: Utilities, construction, transportation, research, ADA. Deputy Assistant Secretary for Federal OFCCP solicits comments concerning Contract Compliance. insurance, and fund depository. The the proposed revisions to the collections term Government contract does not of information contained in this Accordingly, part 60–1 of the rule include: proposed rule. OFCCP solicits amending 41 CFR chapter 60 published (1) Agreements in which the parties comments to: (i) Evaluate whether the on December 30, 1980 (45 FR 86216), stand in the relationship of employer proposed collection of information is which was delayed indefinitely at 46 FR and employee; and necessary for the proper performance of 42865, is proposed to be withdrawn; the (2) Federally assisted construction the functions of the agency, including proposed rule published on August 25, contracts. 1981 (46 FR 42968; supplemented at 47 whether the information will have * * * * * practical utility; (ii) evaluate the FR 17770, April 23, 1982) is hereby Subcontract means any agreement or accuracy of the agency’s estimate of the withdrawn in its entirety; and under the arrangement between a contractor and burden of the proposed collection of authority of Executive Order 11246, as any person (in which the parties do not information, including the validity of amended, Title 41 of the Code of stand in the relationship of an employer the methodology and assumptions used; Federal Regulations, chapter 60, is and an employee): (iii) enhance the quality, utility, and proposed to be amended as follows: (1) For the purchase, sale or use of clarity of the information to be 60±1Ð[AMENDED] personal property or nonpersonal collected; and (iv) minimize the burden services which, in whole or in part, is of the collection of information on those The authority citation for part 60–1 necessary to the performance of any one who are to respond, including through continues to read as follows: or more contracts; or Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25523

(2) Under which any portion of the transfer, lay-off or termination, rates of been unfavorable to the contractor: contractor’s obligation under any one of pay or other terms of compensation, and Provided, That this presumption shall more contracts is performed, undertaken selection for training or apprenticeship, not apply where the contractor shows or assumed. and other records having to do with that the destruction or failure to * * * * * requests for reasonable accommodation, preserve records results from United States, as used herein, shall the results of any physical examination, circumstances that are outside of the include the several States, the District of job advertisements and postings, contractor’s control. Columbia, the Virgin Islands, the applications and resumes, tests and test (d) The requirements of this section Commonwealth of Puerto Rico, Guam, results, and interview notes. In the case shall apply only to records made or kept American Samoa, the Commonwealth of of involuntary termination of an on or after [30 days after date of the Northern Mariana Islands, and Wake employee, the personnel records of the publication of final rule]. Island. individual terminated shall be kept for 5. In § 60–1.20, the section heading 3. Section 60–1.8 is revised to read as a period of not less than two years from and paragraphs (a) and (d) are revised follows: the date of the termination, except that and paragraphs (e), (f) and (g) are added contractors that have fewer than 150 to read as follows: § 60±1.8 Segregated facilities. employees or that do not have a § 60±1.20 Compliance evaluations. To comply with its obligations under Government contract of at least the Order, a contractor must ensure that $150,000 shall keep such records for a (a) OFCCP may conduct compliance facilities provided for employees are period of not less than one year from the evaluations to determine if the prime provided in such a manner that date of the termination. Where the contractor or subcontractor maintains segregation on the basis of race, color, contractor has received notice that a nondiscriminatory hiring and religion, sex or national origin cannot complaint of discrimination has been employment practices and is taking result. The contractor may neither filed, that a compliance evaluation has affirmative action to ensure that require such segregated use by written been initiated, or that an enforcement applicants are employed and that or oral policies nor tolerate such use by action has been commenced, the employees are placed, trained, employee custom. The contractor’s contractor shall preserve all personnel upgraded, promoted, and otherwise obligation extends further to ensuring records relevant to the complaint, treated during employment without that its employees are not assigned to compliance evaluation or enforcement regard to race, color, religion, sex, or perform their services at any location, action until final disposition of the national origin. A compliance under the contractor’s control, where complaint, compliance evaluation or evaluation may consist of any one of the the facilities are segregated. This enforcement action. The term following or any combination thereof: obligation extends to all contracts ‘‘personnel records relevant to the (1) A compliance review, which containing the equal opportunity clause complaint,’’ for example, would include consists of comprehensive analysis and regardless of the amount of the contract. personnel or employment records evaluation of each aspect of the The term ‘‘facilities,’’ as used in this relating to the complainant and to all aforementioned practices, policies, and section, means waiting rooms, work other employees holding positions conditions resulting therefrom; areas, restaurants and other eating areas, similar to that held or sought by the (2) An off-site review of records, time clocks, restrooms, wash rooms, complainant and application forms or which could consist of a full desk audit, locker rooms, and other storage or test papers submitted by unsuccessful a review of the contractor’s affirmative dressing areas, parking lots, drinking applicant and by all other candidates for action plan or parts thereof, or a review fountains, recreation or entertainment the same position as that for which the of particular records such as personnel areas, transportation, and housing complainant unsuccessfully applied. activity data; provided for employees: Provided, That Where a compliance evaluation has (3) A compliance check, where separate or single-user restrooms and been initiated, all personnel and OFCCP ascertains whether or not the necessary dressing or sleeping areas employment records described above contractor has maintained records shall be provided to assure privacy are relevant until OFCCP makes a final consistent with § 60–1.12 and/or has between the sexes. disposition of the evaluation. developed an AAP consistent with § 60– 4. A new § 60–1.12 is added to (b) Affirmative action programs. A 1.40; or subpart A to read as follows: contractor establishment required under (4) A focused review, where OFCCP § 60–1.40 to develop a written restricts its on-site review to one or § 60±1.12 Record retention. affirmative action program (AAP) shall more components of the contractor’s (a) General requirements. Any maintain its current AAP and organization or one or more aspects of personnel or employment record made documentation of good faith effort, and the contractor’s employment practices. or kept by the contractor shall be shall preserve its AAP and * * * * * preserved by the contractor for a period documentation of good faith effort for (d) Preaward compliance evaluations. of not less than two years from the date the immediately preceding AAP year, Each agency shall include in the of the making of the record or the unless it was not then covered by the invitation for bids for each formally personnel action involved, whichever written AAP requirement. advertised nonconstruction contract or occurs later. However, if the contractor (c) Failure to preserve records. Failure state at the outset of negotiations for has fewer than 150 employees or does to preserve complete and accurate each negotiated contract, that if the not have a Government contract of at records as required by paragraphs (a) award, when let, should exceed the least $150,000, the minimum record and (b) of this section constitutes amount of $1 million or more, the retention period shall be one year from noncompliance with the contractor’s prospective contractor and its known the date of the making of the record or obligations under the Executive Order first-tier subcontractors with the personnel action involved, and this part. Where the contractor has subcontracts of $1 million or more may whichever occurs later. Such records destroyed or failed to preserve records be subject to a compliance evaluation include, but are not necessarily limited as required by this section, there may be before the award of the contract. The to, records pertaining to hiring, a presumption that the information awarding agency will notify OFCCP and assignment, promotion, demotion, destroyed or not preserved would have request appropriate action and findings 25524 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules in accordance with this subsection. request a ruling by the OFCCP District/ discrimination identified during a Within 15 days of the notice OFCCP Area Director. The OFCCP District/Area complaint investigation or compliance will inform the awarding agency of its Director shall issue a ruling promptly. evaluation. Such individuals need not intention to conduct a preaward review. The contractor may appeal that ruling to have filed a complaint as a prerequisite If OFCCP does not inform the awarding the OFCCP Regional Director within 10 to OFCCP seeking such relief on their agency within that period of its days of receipt. The Regional Director behalf. Interest on back pay shall be intention to conduct a preaward review, shall issue a final ruling promptly. calculated from the date of the loss and clearance shall be presumed and the Pending a final ruling, such information compounded quarterly at the percentage awarding agency is authorized to may not be copied by OFCCP and access rate established by the Internal Revenue proceed with the award. If OFCCP to the information shall be limited to the Service for the underpayment of taxes. informs the awarding agency of its compliance officer and personnel (b) Administrative enforcement. (1) intention to conduct a preaward review, involved in the determination of OFCCP may refer matters to the OFCCP shall be allowed an additional relevancy. Data determined to be not Solicitor of Labor with a 20 days after the date that it so informs relevant to the investigation will be recommendation for the institution of the awarding agency to provide its returned to the contractor immediately. administrative enforcement conclusions. If OFCCP does not provide (g) Public access to information. The proceedings, which may be brought to the awarding agency with its disclosure of information obtained from enjoin violations, to seek appropriate conclusions within that period, a contractor will be evaluated pursuant relief, and to impose appropriate clearance shall be presumed and the to the public inspection and copying sanctions. The referral may be made awarding agency is authorized to provisions of the Freedom of when violations have not been corrected proceed with the award. Information Act, 5 U.S.C. 552, and the in accordance with the conciliation (e) Each prime contractor or Department of Labor’s implementing procedures in this chapter, or when subcontractor with 50 or more regulations at 29 CFR part 70. OFCCP determines that referral for employees and a contract of $50,000 or 6. Section 60–1.26 is revised to read consideration of formal enforcement more is required to develop a written as follows: (rather than settlement) is appropriate. affirmative action program for each of However, if a contractor refuses to its establishments (§ 60–1.40). If a § 60±1.26 Enforcement proceedings. submit an affirmative action program, or contractor fails to submit an affirmative (a) General. (1) Violations of the refuses to supply records or other action program and supporting Order, the equal opportunity clause, the requested information, or refuses to documents, including the workforce regulations in this chapter, or applicable allow OFCCP access to its premises for analysis, within 15 days of a request, the construction industry equal an on-site review, and if conciliation enforcement procedures specified in employment opportunity requirements, efforts under this chapter are § 60–1.26(b) shall be applicable. may result in the institution of unsuccessful, OFCCP may immediately Contractors may reach agreement with administrative or judicial enforcement refer the matter to the Solicitor, OFCCP on nationwide AAP formats or proceedings. Violations may be found notwithstanding other requirements of on frequency of updating statistics. based upon, inter alia, any of the this chapter. (f) Confidentiality and relevancy of following: (2) Administrative enforcement information. If the contractor is (i) The results of a complaint proceedings shall be conducted under concerned with the confidentiality of investigation; the control and supervision of the such information as lists of employee (ii) The results of a compliance Solicitor of Labor and under the Rules names, reasons for termination, or pay review; of Practice for Administrative data, then alphabetic or numeric coding (iii) The results of a compliance Proceedings to Enforce Equal or the use of an index of pay and pay evaluation; Opportunity under Executive Order ranges, consistent with the ranges (iv) Analysis of an affirmative action 11246 contained in part 60–30 of this assigned to each job group, are program; chapter and the Rules of Evidence set acceptable for desk audit purposes. The (v) The results of an on-site review of out in the Rules of Practice and contractor must provide full access to the contractor’s compliance with the Procedure for Administrative Hearings all relevant data on-site as required by Order and its implementing regulations; Before the Office of Administrative Law § 60–1.43. Where necessary, the (vi) A contractor’s refusal to submit an Judges contained in 29 CFR part 18, compliance officer may take information affirmative action program; subpart B: Provided, That a Final made available during the on-site (vii) A contractor’s refusal to allow an Administrative Order shall be issued evaluation off-site for further analysis. on-site compliance evaluation to be within one year from the date of the An off-site analysis should be conducted; issuance of the recommended findings, conducted where issues have arisen (viii) A contractor’s refusal to conclusions and decision of the concerning deficiencies or an apparent establish, maintain and supply records Administrative Law Judge, or the violation which, in the judgment of the or other information as required by the submission of any exceptions and compliance officer, should be more regulations in this chapter or applicable responses to exceptions to such decision thoroughly analyzed off-site before a construction industry requirements; (if any), whichever is later. determination of compliance is made. (ix) A contractor’s alteration or (c) Referrals to the Department of The contractor must provide all data falsification of records and information Justice. (1) The Deputy Assistant determined by the compliance officer to required to be maintained by the Secretary may refer matters to the be necessary for off-site analysis. Such regulations in this chapter; or Department of Justice with a data may only be coded if the contractor (x) Any substantial or material recommendation for the institution of makes the code available to the violation or the threat of a substantial or judicial enforcement proceedings. There compliance officer. If the contractor material violation of the contractual are no procedural prerequisites to a believes that particular information provisions of the Order, or of the rules referral to the Department of Justice. which is to be taken off-site is not or regulations in this chapter. Such referrals may be accomplished relevant to compliance with the (2) OFCCP may seek back pay and without proceeding through the Executive Order, the contractor may other make whole relief for victims of conciliation procedures in this chapter, Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25525 and a referral may be made at any stage the Deputy Assistant Secretary. In or the implementing rules, regulations in the procedures under this chapter. addition to initiating lawsuits upon and orders of the Secretary of Labor. (2) Whenever a matter has been referral under this section, the Attorney Debarment may be imposed for an referred to the Department of Justice for General may, subject to approval by the indefinite term or for a fixed minimum consideration of judicial enforcement, Deputy Assistant Secretary, initiate period of at least six months. the Attorney General may bring a civil independent investigations of 8. Section 60–1.30 is revised to read action in the appropriate district court contractors which he/she has reason to as follows: of the United States requesting a believe may be in violation of the Order temporary restraining order, preliminary or the rules and regulations issued § 60±1.30 Notification of agencies. or permanent injunction (including pursuant thereto. If, upon completion of The Deputy Assistant Secretary shall relief against noncontractors, including such an investigation, the Attorney ensure that the heads of all agencies are labor unions, who seek to thwart the General determines that the contractor notified of any debarments taken against implementation of the Order and has in fact violated the Order or the any contractor. regulations), and an order for such rules and regulations issued thereunder, 9. Section 60–1.31 is revised to read additional sanctions or relief, including he/she shall make reasonable efforts to as follows: back pay, deemed necessary or secure compliance with the contract appropriate to ensure the full enjoyment § 60±1.31 Reinstatement of ineligible provisions of the Order. He/she may do prime contractors and subcontractors. of the rights secured by the Order, or so by providing the contractor and any any of the above in this paragraph (c)(2). other respondent with reasonable notice A prime contractor or subcontractor (3) The Attorney General is of the Department of Justice’s findings, debarred from further contracts for an authorized to conduct such its intent to file suit, and the actions that indefinite period under the Order may investigation of the facts as he/she may the Attorney General believes are request reinstatement in a letter filed deem necessary or appropriate to carry necessary to obtain compliance with the with the Deputy Assistant Secretary at out his/her responsibilities under the contract provisions of the Order without any time after the effective date of the regulations in this chapter. contested litigation, and by offering the debarment; a prime contractor or (4) Prior to the institution of any contractor and any other respondent a subcontractor debarred for a fixed judicial proceedings, the Attorney reasonable opportunity for conference period may make such a request upon General, on behalf of the Deputy and conciliation in an effort to obtain the expiration of the fixed debarment Assistant Secretary, is authorized to such compliance without contested period. In connection with the make reasonable efforts to secure litigation. If these efforts are reinstatement proceedings, all debarred compliance with the contract provisions unsuccessful, the Attorney General may, contractors shall be required to show of the Order. The Attorney General may upon approval by the Deputy Assistant that they have established and will carry do so by providing the contractor and Secretary, bring a civil action in the out employment policies and practices any other respondent with reasonable appropriate district court of the United in compliance with the Order and notice of his/her findings, his/her intent States requesting a temporary implementing regulations. Before to file suit, and the actions he/she restraining order, preliminary or reaching a decision, the Deputy believes necessary to obtain compliance permanent injunction, and an order for Assistant Secretary may conduct a with the contract provisions of the such additional sanctions or equitable compliance evaluation of the contractor Order without contested litigation, and relief, including back pay, deemed and may require the contractor to by offering the contractor and any other necessary or appropriate to ensure the supply additional information regarding respondent a reasonable opportunity for full enjoyment of the rights secured by the request for reinstatement. The conference and conciliation, in an effort the Order or any of the above in this Deputy Assistant Secretary shall issue a to obtain such compliance without paragraph (d). written decision on the request. contested litigation. (e) To the extent applicable, this 10. Section 60–1.32 is revised to read (5) As used in the regulations in this section and part 60–30 of this chapter as follows: part, the Attorney General shall mean shall govern proceedings resulting from § 60±1.32 Intimidation and interference. the Attorney General, the Assistant any Deputy Assistant Secretary’s Attorney General for Civil Rights, or any determinations under § 60–2.2(b) of this (a) The contractor, subcontractor or other person authorized by regulations chapter. applicant shall not harass, intimidate, or practice to act for the Attorney 7. Section 60–1.27 is revised to read threaten, coerce, or discriminate against General with respect to the enforcement as follows: any individual because the individual of equal employment opportunity laws, has engaged in or may engage in any of orders and regulations generally, or in a § 60±1.27 Sanctions. the following activities: particular matter or case. (a) General. The sanctions described (1) Filing a complaint; (6) The Deputy Assistant Secretary or in subsections (1), (5), and (6) of Section (2) Assisting or participating in any his/her designee, and representatives of 209(a) of the Order may be exercised manner in an investigation, compliance the Attorney General may consult from only by or with the approval of the evaluation, hearing, or any other activity time to time to determine what Deputy Assistant Secretary. Referral of related to the administration of the investigations should be conducted to any matter arising under the Order to Order or any other Federal, state or local determine whether contractors or the Department of Justice or to the Equal law requiring equal opportunity; groups of contractors or other persons Employment Opportunity Commission (3) Opposing any act or practice made may be engaged in patterns or practices shall be made by the Deputy Assistant unlawful by the Order or any other in violation of the Executive Order or Secretary. Federal, state or local law requiring these regulations, or of resistance to or (b) Debarment. A contractor may be equal opportunity; or interference with the full enjoyment of debarred from receiving future contracts (4) Exercising any other right any of the rights secured by them, or modifications or extensions of protected by the Order. warranting judicial proceedings. existing contracts, subject to (b) The contractor, subcontractor or (d) Initiation of lawsuits by the reinstatement pursuant to § 60–1.31, for applicant shall ensure that all persons Attorney General without referral from any violation of Executive Order 11246 under its control do not engage in such 25526 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules harassment, intimidation, threats, EQUAL EMPLOYMENT OPPORTUNITY IS SHOULD CONTACT THE LAW—DISCRIMINATION IS coercion or discrimination. The THE OFFICE OF FEDERAL CONTRACT PROHIBITED BY THE CIVIL RIGHTS ACT sanctions and penalties contained in COMPLIANCE PROGRAMS OF 1964 AND BY EXECUTIVE ORDER No. this part may be exercised by OFCCP 11246 U.S. Department of Labor, Washington, against any contractor, subcontractor or Title VII of the Civil Rights Act of 1964– D.C. 20210 applicant who violates this obligation. Administered by: * * * * * 11. In § 60–1.34, paragraph (a)(4) is THE EQUAL EMPLOYMENT 13. Section 60–1.43 is revised to read added to read as follows: OPPORTUNITY COMMISSION as follows: § 60±1.34 Violation of a conciliation Prohibits discrimination because of Race, § 60±1.43 Access to records and site of Color, Religion, Sex, or National Origin by agreement or letter of commitment. employment. Employers with 15 or more employees, by (a) * * * Labor Organizations, by Employment Each prime contractor and Agencies, and by Apprenticeship or Training subcontractor shall permit access during (4) In any proceeding involving an Programs. normal business hours to its premises alleged violation of a conciliation ANY PERSON for the purpose of conducting on-site agreement OFCCP may seek Who believes he or she has been compliance evaluations and complaint enforcement of the agreement itself and discriminated against investigations. Each contractor shall shall not be required to present proof of SHOULD CONTACT permit the inspecting and copying of the underlying violations resolved by such books and accounts and records, the agreement. THE EQUAL EMPLOYMENT including computerized records, and OPPORTUNITY COMMISSION * * * * * other material as may be relevant to the 1801 L Street N.W., Washington, D.C. matter under investigation and pertinent 12. Section 60–1.42 is amended by 20507 to compliance with the Order, and the revising paragraph (a) to read as follows: Executive Order No. 11246–Administered by: rules and regulations promulgated § 60±1.42 Notices to be posted. pursuant thereto by the agency, or the THE OFFICE OF FEDERAL CONTRACT Deputy Assistant Secretary. Information COMPLIANCE PROGRAMS (a) Unless alternative notices are obtained in this manner shall be used prescribed by the Deputy Assistant Prohibits discrimination because of Race, only in connection with the Secretary, the notices which prime Color, Religion, Sex, or National Origin, and requires affirmative action to ensure equality administration of the Order, the Civil contractors and subcontractors are of opportunity in all aspects of employment. Rights Act of 1964 (as amended), and required to post by paragraphs (1) and By all Federal Government Contractors and any other law that is or may be enforced (3) of the equal opportunity clause in Subcontractors, and by Contractors in whole or in part by OFCCP. § 60–1.4 will contain the following Performing Work Under a Federally Assisted language and be provided by the Construction Contract, regardless of the PART 60±60Ð[REMOVED] contracting or administering agencies: number of employees in either case. ANY PERSON 14. Part 60–60 is removed. Who believes he or she has been [FR Doc. 96–12687 Filed 5–20–96; 8:45 am] discriminated against BILLING CODE 4510±27±P federal register May 21,1996 Tuesday Program (PTFP);Notice Public TelecommunicationsFacilities Information Administration National Telecommunicationsand Commerce Department of Part III 25527 25528 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices

DEPARTMENT OF COMMERCE Closing Date, published in the Federal also purchase 74 compressed digital Register on February 22, 1996.3 receivers to receive the digital satellite National Telecommunications and Applications Received: In all, 251 service. Information Administration applications were received from 47 states, the District of Columbia, Guam, AL (Alabama) [Docket Number: 960205021±6132±02] the Commonwealth of Puerto Rico, File No. 96006 CTB Alabama ETV RIN 0660±ZA01 American Samoa, and the Commission, 2112 11th Avenue South, Commonwealth of the Northern Mariana Ste 400, Birmingham, AL 35205–2884. Public Telecommunications Facilities Islands. The total amount of funds Signed By: Ms. Judy Stone, APT Program (PTFP) requested by the applications is $54.9 Executive Director. Funds Requested: $186,878. Total Project Cost: $373,756. AGENCY: National Telecommunications million. Notice is hereby given that the PTFP Replace fourteen Alabama Public and Information Administration, received applications from the following Television microwave equipment Commerce. organizations. The list includes all shelters throughout the state network, ACTION: Notice, funding availability and applications received. Identification of add a shelter and wiring for an applications received. any application only indicates its emergency generator at WCIQ which receipt. It does not indicate that it has experiences AC power outages, and SUMMARY: The National been accepted for review, has been replace the network’s on-line editing Telecommunications and Information determined to be eligible for funding, or system at its only production facility in Administration (NTIA) previously that an application will receive an Montgomery, Alabama. announced the solicitation of grant award. File No. 96087 CTB 95055. City of applications for the Public Any interested party may file Prichard, 216 East Prichard Lane, Telecommunications Facilities Program comments with the Agency supporting Prichard, AL 36610. Signed By: Hon. (PTFP) for planning and construction or opposing an application and setting Jesse Norwood, Mayor. Funds grants for public telecommunications forth the grounds for support or Requested: $418,924. Total Project Cost: facilities. The PTFP had not received its opposition. Such comments must $668,924. To establish a low-power final status of funding at that time, and contain a certification that a copy of the noncommercial television station stated that PTFP would publish a notice comments has been delivered to the operating on Channel 60 in Prichard, when the funding status for fiscal year applicant. Comments must be sent to Alabama, to provide educational and 1996 was known. This notice will the following address: NTIA/PTFP, informational services to the city of announce the funding level, as well as Room 4625, 14th Street and Prichard and surrounding areas. announce the applications which were Constitution Ave., NW., Washington, File No. 96107 CRB Gadsden State received in response to the solicitation. DC 20230. Community College, 1001 George FOR FURTHER INFORMATION CONTACT: The Agency will incorporate all Wallace Drive, Gadsden, AL 35902. Dennis Connors, Director, Public comments from the public and any Signed By: Dr. Victor Ficker, President. Broadcasting Division, telephone: (202) replies from the applicant in the Funds Requested: $49,250. Total Project 482–5802; fax: (202) 482–2156. applicant’s official file. Cost: $98,500. To upgrade the power Information about the PTFP can also be and antenna height of noncommercial obtained electronically via Internet AK (Alaska) radio station, WSGN–FM, operating on (send inquiries to http:// File No. 96132 CTB Alaska Public 91.5 MHz from Gadsden State www.ntia.doc.gov) or through the NTIA Telecomm., Inc., 3877 University Drive, Community College in Gadsden, BBS at (202) 482–1199 (set computer Anchorage, AK 99508. Signed By: Ms. Alabama. modems for 8 stop bits, 0 polarity). Susan Reed, President. Funds File No. 96124 ICTN 95082. Black SUPPLEMENTARY INFORMATION: Funding Requested: $663,350. Total Project Cost: Warrior Telecom Consortium, 607 Availability: By Federal Register notice $844,479. To replace the 22-year-old Highway 80 West, Demopolis, AL dated February 22, 1996, the NTIA, transmitter for public TV station KAKM, 36732. Signed By: Mr. Marcus Walters, within the Department of Commerce, which operates on Ch. 7 in Anchorage. President. Funds Requested: $193,484. announced that the program was The project would also purchase a Total Project Cost: $257,978. To soliciting grant applications, and that replacement hot-standby STL for one of construct a video production studio and the closing date for receipt of the station’s STL hops, SAP generation purchase related test equipment for the applications was 5 p.m. EST, March 28, equipment, and diverse test equipment Black Warrior Telecommunications 1996.1 The Notice of Closing Date items. Consortium, Inc., Demopolis, Alabama. provided that announcement of File No. 96249 ICTB Bethel The studio will allow the Consortium to available funds would be made once Broadcasting, Inc., Pouch 468, Bethel, originate educational programming to be Congress appropriated an amount for AK 99559. Signed By: Mr. John transmitted over the ITFS systems the PTFP. On April 26, 1996, Congress McDonald, General Manager/Station operated by the Consortium members. appropriated $15.5 million for the KYUK. Funds Requested: $543,340. The Consortium is composed of five PTFP.2 Total Project Cost: $742,510. To school systems (Marengo, Greene, and Except for the notice that funding for purchase three digital encoders to Sumter Counties and the cities of the PTFP for FY 1996 is $15.5 million, convert the satellite offerings of the Demopolis and Linden City) and the all other information announced in the Distance Delivery Consortium from West Alabama Health Services, all Notice of Closing Date remains in effect. analog to digital service. The Distance located in rural west Alabama. For further information on the Public Delivery Consortium provides File No. 96178 ICTBN University of Telecommunications Facilities Program, instructional programming to 52 villages AL Board of Trustees, Box 870104,G– please refer to the program’s Notice of in the Yukon-Kuskokwim Delta of 60 Rose Admin. Bld, Tuscaloosa, AL Western Alaska, the Interior of Alaska, 35487. Signed By: Dr. Robert Wells, 1 61 FR 6912 (Feb. 22, 1996). and Southeast Alaska. The project will Ass’t Academic VP for Research. Funds 2 Balanced Budget Downpayment Act, II, Pub. L. Requested: $138,771. Total Project Cost: No. 104–134, 110 Stat. 1321 (1996). 3 61 FR 6912 (Feb. 22, 1996). $277,542. To convert an analog Ku-band Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25529 uplink to digital compression. The File No. 96250 ICRTN Government of Community College at Page; Eastern conversion to digital will enable American Samoa, Office of Governor, Arizona College at Payson; and continued distribution of three weekly Pago Pago, AS 96799. Signed By: Mr. Northland Pioneer College at Show instructional series on Integrated Aifili Lutali, Governor. Funds Low. The project would also install hub Science to over 150,000 students Requested: $398,600. Total Project Cost: site equipment at NAU/Flagstaff, NAU/ nationwide in grades 5, 6, and 7, and $398,600. To activate a new service for Yuma, and at the NAUNet hub site in will permit the delivery of this program distance education by purchasing a Phoenix. All system end-points would directly to schools and public television digital satellite system to serve include equipment for interface with entities. American Samoa. The system will host-institution Local Area Networks provide compressed digital video and be (LANs) and would provide students AR (Arkansas) affiliated with the Pan-Pacific with local dial-up access to e-mail, File No. 96105 CTB Arkansas ETV Educational and Communications bulletin boards, and Internet service. Commission, 350 South Donaghey, Experiments by Satellite (PEACESAT) File No. 96123 CRB Maricopa County Conway, AR 72032. Signed By: Ms. program headquartered in Hawaii. Cmty Coll. Dist., 3124 East Roosevelt, Susan Howarth, Executive Director. Phoenix, AZ 85008. Signed By: Dr. Funds Requested: $242,049. Total AZ (Arizona) Alfredo de los Santos, Vice Chancellor Project Cost: $484,099. To improve the File No. 96063 PRB Hopi Foundation, Ed. Dev. Funds Requested: $15,089. state’s public television network by Highway 264 Market 367–9,, Hotevilla, Total Project Cost: $30,178. To acquire establishing a production and distance AZ 86030. Signed By: Ms. Barbara 420 SCA radio receivers for use by learning studio in Little Rock thus Poley, Executive Director. Funds print-impaired persons. The special improving the AETN’s ability to Requested: $37,176. Total Project Cost: receivers will be distributed to all areas produce and broadcast news and $41,156. Conduct planning activities, served by the stations carrying the information programs from the state including engineering and research service. The main studio is in Phoenix, capital. AETN serves approximately studies, for the construction of a public with satellite facilities in Tucson and 2.35 million people. radio facility in Hotevilla, Arizona, Flagstaff. This 24-hour service provides File No. 96110 CRB Arkansas State serving the Hopi Indian reservation of the only radio reading service in AZ. University, 104 Cooley St, P.O. Drawer northeastern Arizona. File No. 96173 CRB White Mountain 2160, State University, AR 72467. File No. 96075 CTN San Carlos Apache Tribe, Tribal Exe Bldg SR 73, Signed By: Dr. Stanley Williams, VP for Apache Tribe, San Carlos Avenue, Bldg. PO Box 70, Whiteriver, AZ 85941. Finance & Admin. Funds Requested: # 13, San Carlos, AZ 85550. Signed By: Signed By: Mr. Ronnie Lupe, Chairman. $36,783. Total Project Cost: $73,567. To Mr. Raymond Stanley, Tribal Chairman. Funds Requested: $68,033. Total Project improve public radio station KASU–FM, Funds Requested: $12,980. Total Project Cost: $90,711. To expand the facilities 91.9 MHz, State University, by replacing Cost: $17,309. To purchase studio of public radio station KNNB–FM, 88.1 old, obsolete origination equipment. production equipment to allow the San MHz, in Whiteriver by relocating and KASU–FM will acquire digital Carlos Apache Tribe to originate increasing the power of the station. workstations, digital audio boards and programming to be transmitted over the KNNB–FM will acquire a new editing packages, two audio consoles, local cable television system on a transmitter, tower, antenna, monitor amplifiers, microphones and community access channel. transmission and other dissemination speakers and related equipment. KASU– File No. 96088 CTB Arizona State equipment. FM serves approximately 250,000 University, 10th & Myrtle, Box 871603, File No. 96186 CRB Northern Arizona people in AR, MO and TN. KAET, Tempe, AZ 85287–1405. Signed University, Comm. Bldg 16, Rm 229, File No. 96235 CTB AR Education TV By: Ms. Janice Bennett, Director, Res. & Osborn Rd, Flagstaff, AZ 86011. Signed Commission, 350 South Donaghey, Creative Act. Funds Requested: By: Dr. Jeanette Baker, Contract Officer. Conway, AR 72032. Signed By: Ms. $139,600. Total Project Cost: $279,200. Funds Requested: $108,351. Total Susan Howarth, Executive Director. To improve public television station Project Cost: $144,469. To activate a Funds Requested: $212,500. Total KAET–TV, Ch. 8, Phoenix (Tempe), by new FM public radio station on 90.9 Project Cost: $425,000. To improve replacing old, unreliable production MHz, in Page. Station will repeat the public television station KETS–TV, Ch. equipment including electronic editor, signal of KNAU–FM, Flagstaff, and have 2, in Little Rock, by strengthening the field production camera and video local origination capacity. Project commercial tower on which its antenna recorder, remote production switcher, includes sufficient local production is mounted. KETS–TV, the flagship monitors, character generator and four equipment to constitute a full service station of the AETN, serves more than Beta video recorders. KAET–TV serves facility. Studios will be located on the 1 million people. approximately 2.8 million people. Coconino Community College campus. File No. 96111 ICTN Northern New station will provide first public AS (American Samoa) Arizona University, Comm. Bldg, Rm radio service to approximately 9,448 File No. 96004 CTB American Samoa 123, Osborne Rd., Flagstaff, AZ 86011. people in northern AZ and southern UT. Government, Office of Public Signed By: Dr. Jeanette Baker, Contract Information, Pago Pago, AS 96799. Officer, NAU. Funds Requested: CA (California) Signed By: Mrs. Vaoita Savali, Director. $1,278,014. Total Project Cost: File No. 96008 CTB California Funds Requested: $253,470. Total $2,556,028. To purchase the Community TV Network, 559 E. Alisal Project Cost: $253,470. To improve the interconnection and video classroom Street, #106, Salinas, CA 93905. Signed production facilities of public television equipment required to expand Northern By: Mr. Wendell Chino, President. station KVZK–TV, operating on Ch. 2 in Arizona University’s (NAU) duplex Funds Requested: $324,748. Total Pago Pago, by purchasing three studio microwave-based distance learning Project Cost: $431,330. The California cameras and related equipment. The system—called NAUNet—to six Community Television Network, project will also provide test equipment additional sites: Arizona Western KCAH–TV in Salinas, CA., operating on to ensure continued operation of this College at San Luis; Central Arizona Channel 25, seeks a grant to help install facility which serves 57,000 residents of College at Apache Junction; Chinle a 10 kw transmitter and antenna system American Samoa. Unified School District; Coconino to provide the first public TV signal for 25530 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices significant portions of Santa Cruz, CA requests replacement of its 23 year first service of national programming to Monterey, Santa Clara and San Benito old transmitter and to link, by Digital a majority of the station’s 340,000 counties, sections of San Mateo, and Duplex, KLCS with the facilities at the potential listeners. small areas in Stanislaus, Merced and studios of the Educational File No. 96122 CTB KBSV–TV, P.O. Alameda counties, all of which include Telecommunications Network (ETN). Box 4116, Modesto, CA 95352. Signed 198,114 potential viewers who will ETN is an FCC licensed Ku-Band By: Dr. Sargon Dadesho, Director of receive first signal. Satellite network owned and operated Mass Media. Funds Requested: File No. 96016 CRB State of CA— by the Los Angeles County Office of $313,500. Total Project Cost: $418,000. Humboldt State Univ, Humboldt State Education. To improve KBSV–TV which will University, Arcata, CA 95521. Signed File No. 96044 CTB KQED, Inc., 2601 operate on Channel 23 starting April 16, By: Dr. Edward Webb, Vice President. Mariposa Street, San Francisco, CA 1996, by establishing a first Local Funds Requested: $67,860. Total Project 94110–1400. Signed By: Mrs. Mary G.F. Origination Capacity. The main Cost: $90,480. KASU–FM, operating on Bitterman, President & CEO. Funds objective of this station is to provide 90.5 MHz in Arcata, California seeks a Requested: $459,285. Total Project Cost: multicultural and educational programs grant to construct a repeater transmitter, $918,570. To improve KQED–TV, to the diversified population in its operating on 91.9 MHz, at Crescent City, Channel 9, in San Francisco, CA, by coverage area. Applicant claims no CA and establish a satellite studio replacing the editing system, by adding other station is serving the functions 1 ′′ facility in Crescent City which will two Digital ⁄2 VCR’s and adding the outlined above. The coverage area provide Del Notre County with its first Sales Tax and the A–133 Audit. The includes 370,000 potential viewers. public radio origination capability. The applicant provides service to 5.5 million File No. 96125 CRB Pacifica project will provide first public radio potential viewers in the San Francisco Foundation, 1929 MLK Jr. Avenue, service to approximately 13,000 area. Berkeley, CA 94704. Signed By: Ms. File No. 96050 CTB Valley Public potential listeners. Patricia Scott, Executive Director. Funds File No. 96025 PTN Ed T/C Television, Inc., 1544 Van Ness Avenue, Requested: $160,929. Total Project Cost: Consortium of Central CA, 1101 E. Fresno, CA 93721. Signed By: Mr. Colin $214,572. To improve KPFK–FM, University, Fresno, CA 93741. Signed Dougherty, Exec. Dir/General Manager. operating on 90.7 MHz, in North By: Dr. Robert Wyman, Executive Funds Requested: $270,137. Total Hollywood, CA and KPFT–FM, Director. Funds Requested: $199,865. Project Cost: $540,274. To improve operating on 90.1 MHz, in Houston, TX, Total Project Cost: $560,445. KVPT–TV, Channel 18, in Fresno, CA, by replacing a mismatched set of old Educational Telecommunications by replacing its 19 year old transmitter tape decks and cart machines with Consortium of Central Valley region of Applicant currently serves a potential digital technology. The applicant California, located in Fresno, CA, TV audience of 2,300,000. requests funding for a comprehensive File No. 96058 CRB KQED, Inc., 2601 provides service to approximately Planning project to develop a Four Mariposa Street, San Francisco, CA 13,840,832 listeners in North County regional area in Central 94110. Signed By: Mrs. Mary Bitterman, Hollywood and approximately California, including Fresno, Madera, President and CEO. Funds Requested: 3,192,000 listeners in Houston. Tulare and Kings Counties, to interface $97,010. Total Project Cost: $194,020. File No. 96135 IPTN Kern Community existing resources with those needed for KQED–FM, operating at 110kw ERP, on College District, 100 East College the region and for the purpose of 88.5 MHz, in San Francisco, CA, seeks Avenue, Porterville, CA 93257. Signed sharing training and technology to replace its 17 year-old transmitter and By: Dr. Bonnie Rogers, President. Funds resources both instructional and antenna, both at the end of their useful Requested: $46,185. Total Project Cost: administrative. This would allow life. KQED–FM provides service to 5.3 $82,867. To develop a plan for a professional staff and some students to million potential listeners. telecommunications system that would utilize new and emerging technology in File No. 96062 CRB San Diego Comm incorporate materials from the Kern a regional Center. College District, 1313 Twelfth Avenue, Educational Telecommunications File No. 96028 CTB San Mateo San Diego, CA 92101. Signed By: Mr. Consortium and other sources, in County Comm Coll District, 1700 West Augustine Gallego, Chancellor. Funds providing a distance learning and job Hillsdale Blvd., San Mateo, CA 94002. Requested: $61,383. Total Project Cost: training service to an underserved, Signed By: Dr. Lois Callahan, $122,766. To improve KSDS–FM, largely Hispanic and American Indian Chancellor. Funds Requested: $406,628. operating on 88.3 MHz, in San Diego, population in southern Tulare County, Total Project Cost: $813,257. KCSM–TV, CA, by replacing a 20 year old California. Ch 60, in San Mateo, CA, requests transmitter, a 19 year old antenna and File No. 96152 CRB Los Angeles replacement of its aged production transmission line, increasing its power, Radio Reading Service, 3580 Wilshire switcher, audio board, cameras, and and adding circular polarization, to Blvd. Suite 1660, Los Angeles, CA associated equipment and to construct a provide the station’s program service to 90010. Signed By: Mr. Paul J. satellite uplink to provide educational an extended population by increasing Vandeventer, Executive Director. Funds courses and adult learning materials, KSDS’s power capacity from 831 watts Requested: $19,275. Total Project Cost: teleconferences, etc, to colleges in the ERP to 19,000 watts ERP. $25,700. The Los Angeles Radio Bay Area, cable educational channels File No. 96112 CRB Nevada City Reading Service has been granted its and libraries in the communities of Community Broadcast Gp, 401 Spring subsidiary frequency by KCSN–FM in Northern California. This station serves Street, Nevada City, CA 95959. Signed Los Angeles and now requests funding 4,650,000 potential viewers. By: Mr. Brian Terhorst, General for a start-up inventory of 300 SCA File No. 96029 CTB Los Angeles Manager. Funds Requested: $42,907. receivers and multi-user site equipment Unified School Dist., 1061 West Temple Total Project Cost: $85,815. To improve for one convalescent home and two Street, Los Angeles, CA 90012. Signed KVMR–FM, operating on 89.5 MHz, in residential homes for those who are By: Mr. Sidney Thompson, Nevada City, CA, by replacing the blind. Additionally, the project includes Superintendent. Funds Requested: transmitter, antenna, feedlines, tower, an FM antenna and a low power $558,520. Total Project Cost: $1,117,040. STL antenna, adaptor and wattmeter transmitter, a transmit coupling, a KLCS–TV, Channel 58 in Los Angeles, and adding a satellite downlink to bring coaxial cable and wire cable. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25531

File No. 96159 CRB San Francisco Signed By: Dr. Kelly Blanton, Kern Manager. Funds Requested: $8,715. Unified School Dist., 2576 Harrison County Superintendent. Funds Total Project Cost: $17,430. To enhance Street, San Francisco, CA 94110. Signed Requested: $888,116. Total Project Cost: and improve the production facilities of By: Ms. Linda Davis, Deputy $1,184,155. To establish a KGNU–FM, operating on 88.5 in Superintendent. Funds Requested: noncommercial television station in Boulder, Colorado, by purchasing and $18,973. Total Project Cost: $37,945. To Bakersfield, CA, which will bring a first installing two Digital Audio improve KALW–FM, operating on 91.7 public TV signal to approximately Workstations. MHz, in San Francisco, CA, by replacing 780,000 residents of that area. In File No. 96095 ICTN 95262. National its 16 year old satellite dish and 10 year addition to some nationally-distributed Technological University, 700 Centre old audio console and to upgrade its public television programming, the Avenue, Ft. Collins, CO 80526. Signed communication system by purchasing a station will transmit a vast amount of By: Dr. Lionel Baldwin, President. telephone interface to allow on-air call instructional programming from the Funds Requested: $413,576. Total conferencing. Applicant currently Kern Educational Telecommunications Project Cost: $827,152. To construct two serves 1,977,000 potential listeners. Consortium, which has its headquarters additional Ku-band satellite uplinks in File No. 96161 CRB California State in Bakersfield. The new station will also the National Technological University Univ, Northridge, 18111 Nordhoff incorporate into its schedule system which will increase engineering Street, Northridge, CA 91330–8312. programming targeted towards the programming distributed nationwide. Signed By: Mr. Mark Lipschutz, Hispanic-American population, which The uplinks will be located at the Director, Res. & Spon. Project. Funds constitutes approximately 30% of the University of California, Berekely and Requested: $9,422. Total Project Cost: total population of the station’s the University of Florida, Gainesville. $18,844. To improve KCSN–FM, proposed service area. The project also proposes to add digital operating on 88.5 MHz, in Northridge, File No. 96207 ICTN Monterey compression equipment for existing Ku- CA, by adding digital editing equipment County Office of Education, 901 Blanco band uplinks at Kansas State University, which will optimize the applicant’s use Court, Salinas, CA 93901. Signed By: Manhattan, KS and the University of of the DAT and mini-disc equipment Mr. William Barr, Superintendent. Texas at Austin. KCSN acquired under a ’94 grant. The Funds Requested: $338,454. Total File No. 96106 IPTN Regis University, items requested include: the core Project Cost: $676,908. To add two ITFS 3333 Regis Blvd., Denver, CO 80221. system, interface, signal processor, links to the Monterey County Office of Signed By: Dr. William Husson, keyboard, hard drive, noise reduction, Education’s existing distance learning Academic Dean. Funds Requested: software, computer, tape drive and system, and purchase microwave $61,620. Total Project Cost: $140,760. monitor. The station serves equipment to interconnect the ITFS On behalf of the Association of Jesuit approximately 1.5 million people. system with diverse other transmission Colleges and Universities (AJCU), Regis File No. 96181 CRB Bet-Nahrain, Inc., outlets throughout the Office’s service University in Denver, Colorado will P.O. Box 4116, Modesto, CA 95352. area. manage the development of a plan for Signed By: Dr. Sargon Dedesho, Director File No. 96221 ICTN The National the use of telecommunications facilities of Mass Media. Funds Requested: Hispanic University, 14271 Story Road, in an interconnected system among the $182,235. Total Project Cost: $242,980. San Jose, CA 96127. Signed By: Dr. 28 AJCU institutions through local To enable KBES–FM, operating on 89.5 Roberto Cruz, President. Funds technology applications for distance MHz, located in Ceres, CA, to acquire Requested: $244,043. Total Project Cost: learning services including the sharing the necessary items of equipment to $305,053. To purchase a VSAT satellite of educational courses. bring the inventory of an already terminal and electronic classroom File No. 96117 CTB Region 10 League operating station to the basic level of facilities to permit the National for Economic, 300 North Cascade, Suite equipment requirements established by Hispanic University to become a 1, Montrose, CO 81401. Signed By: Mrs. PTFP. The equipment requested is a 150 participating member of the Hispanic Mary Helen deKoevend, Chairperson. to 200 watt transmitter, plus all the Educational Telecommunications Funds Requested: $57,705. Total Project items listed in the Guidelines Booklet System (HETS). Cost: $76,940. To maintain and improve for the On-Air Control Room, the broadcast services of KTSC–TV, Production Control Room, and News CO (Colorado) Channel 8 in Montrose, Colorado, by Control Room. Approximately 370,000 File No. 96024 CTB University of replacing four translator and one potential listeners benefit from the Southern Colorado, 2200 Bonforte transmitter serving over 47,000 KBES–FM Programming. Boulevard, Pueblo, CO 81001. Signed residents of Montrose, Ouray and Delta File No. 96182 CTB Bay Area By: Dr. Robert Shirley, President. Funds counties. Multicultural T/C Asso., 1740 Cesar Requested: $534,438. Total Project Cost: File No. 96162 IPTN Colorado Chavez Street, San Francisco, CA 94124. $1,068,876. To extend and improve the Community College, 9125 E. 10th Drive, Signed By: Mr. Humberto Cintron, facilities of KTSC–TV, Channel 8 in Aurora, CO 80010. Signed By: Mr. Don President, Board of Directors. Funds Pueblo by activating translators in Goodwin, Executive Director, HEAT Ctr. Requested: $263,166. Total Project Cost: Durango (Ch. 29), Ignacio (Ch. 15) and Funds Requested: $318,600. Total $350,888. To activate a minority public Towaoc (Ch. 49) to provide first public Project Cost: $498,600. To develop the TV station, operating on Channel 32 in television service to approximately technology master plan toward the San Francisco, CA, which will provide 56,000 residents of western Colorado. design of the Lowry programming for the 2.2 million Bay KTSC will also replace a failing 15-year- Telecommunications and Information Area residents who are members of 5 old 3⁄4 inch videotape system and will Infrastructure network in support of an minority groups. The applicant has upgrade its facilities to offer stereo open learning system for distance applied to the FCC to be granted the broadcast and descriptive video learning and training, through the license for Channel 32 in place of the services. Higher Education and Advanced current license-holder of Ch 32. File No. 96091 CRB Boulder Technology (HEAT) Center in the Lowry File No. 96188 ICTB Kern Educational Community Broadcasting, 1900 Folsom Community of Aurora, Colorado. T/com. Consortium, 1300 17th Street, Avenue, Suite 100, Boulder, CO 80302. File No. 96205 ICTN Northern City Centre, Bakerfield, CA 93301–4533. Signed By: Ms. Marty Durlin, Station Colorado Board of Coop., 830 South 25532 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices

Lincoln Street, Longmont, CO 80501. Cost: $38,772. To improve the facilities unreliable optical disc units with a Signed By: Dr. Jack Hale, Executive of public radio station WDCU–FM, video server. Director/NC BOCES. Funds Requested: operating on 90.1 MHz, by purchasing a File No. 96089 CTB Florida West $328,034. Total Project Cost: $1,125,148. C band satellite downlink. The Coast Pub. Brdcstg., 1300 North To establish a two-way, interactive downlink will enable the station to Boulevard, Tampa, FL 33677–4033. compressed video distance learning broadcast programming from National Signed By: Mr. Stephen L. Rogers, system to serve the diverse academic Public Radio and other sources President & CEO. Funds Requested: institutions of the northeast quadrant of distributed by the Public Radio Satellite $217,850. Total Project Cost: $435,700. Colorado. For this project, the Northern System. WDCU–FM serves 3 million To improve the production capacity of Colorado Board of Cooperative people in the Washington DC WEDU–TV, Channel 3 in Tampa, by Educational Services is acting on behalf metropolitan area. purchasing a switcher, editor and effects of a partnership of 38 K–12 school File No. 96232 IPRTN Soundprint equipment so that the station can districts, three community colleges, a Media Center, Incorp, 4000 Brandywine continue to produce programming for university, and the State’s Division of St. NW, Suite 620, Washington, DC local, state and national distribution. Telecommunications. The proposal 20016. Signed By: Ms. Moira Rankin, File No. 96090 ICTN School Board of would interconnect six existing distance Executive Producer. Funds Requested: Broward County, 600 Southeast Third education networks and extend service $99,565. Total Project Cost: $123,803. Avenue, Ft. Lauderdale, FL 33301. to five presently-unserved remote sites. To develop a plan based on research Signed By: Dr. Frank Petruzielo, The new network would be known as regarding the potential use of existing Superintendent of Schools. Funds the Colorado Information Infrastructure. and proposed new technologies at Requested: $136,962. Total Project Cost: public television and radio stations $273,924. To establish an Instructional CT (Connecticut) nationwide, that would determine the Television Fixed Service (ITFS) system, File No. 96083 IPTN Norwich possible integration of these with associated video classroom and Commun. Tech. Learning Ctr., 194 technologies in a telecommunications satellite receive-only earth station, to Washington Street, Norwich, CT 06360. network for distance learning services. bring distance learning to the public Signed By: Mr. William Stanley, school students of Broward County, Chairman, Board of Directors. Funds FL (Florida) Florida. Requested: $85,350. Total Project Cost: File No. 96030 CTB University of File No. 96113 CRB Florida Institute $335,350. To assist the Norwich Florida, Weimer Hall, Gainesville, FL of Technology, 150 W. University Blvd., Communications Technology Learning 32611. Signed By: Dr. Thomas Walsh, Melbourne, FL 32901. Signed By: Mr. Center, Inc. in planning how to put into Director of Research. Funds Requested: Robert Merrill, Director, Sponsored place the strategies, community support, $53,940. Total Project Cost: $107,880. Programs. Funds Requested: $23,126. and technological structures needed to To upgrade the facilities of WUFT–TV, Total Project Cost: $30,835. To improve establish interactive distance learning Channel 5 in Gainesville, by replacing its facilities and provide first public systems that would serve the schools worn-out and obsolete master control radio service to approximately 13,000 and businesses of Eastern Connecticut. equipment with digital video storage people, WFIT–FM, operating on 89.5 File No. 96192 CRB University of New technology. MHz in Melbourne, will increase its Haven, 300 Orange Avenue, West File No. 96037 CTB South Florida antenna height from 34 meters to 46 Haven, CT 06516. Signed By: Dr. James Public Telecom., Inc., 3401 South meters and its power from 2,350 Watts Uebelacker, Provost. Funds Requested: Congress Avenue, Boynton Beach, FL to 8,000 Watts. $17,400. Total Project Cost: $34,800. To 33426. Signed By: Mrs. Mary Souder, File No. 96139 ICTBN Coastal improve WNHU–FM, operating on 88.7 President/CEO. Funds Requested: Educational Broadcasters, 1200 W. MHz, in West Haven, CT, by replacing $166,600. Total Project Cost: $333,200. Intern’t Speedway Blvd., Daytona a 1970 vintage Moseley TFL–280BFN To improve the broadcast services of Beach, FL 32114. Signed By: Dr. Don Limiter and to replace 2 1974 vintage WXEL–TV, Channel 42 in Boyton Beach Thigpen, President. Funds Requested: cart machines with a digital master and to provide Descriptive Video $491,000. Total Project Cost: $982,000. control work station and storage facility. Services to blind and visually impaired To improve the transmission, Applicant provides service to individuals, by replacing the station’s origination, and test equipment of approximately 1 million potential 12-year-old routing system and the public TV station WCEU, broadcasting listeners. master control switcher with analog/ on Ch. 15 from Daytona Beach, FL. The digital equipment. project would embrace both broadcast DC (District of Columbia) File No. 96043 CTB Florida State and nonbroadcast elements. The File No. 96019 CRB American University, 1600 Red Barber Plaza, project’s transmission equipment would University, Brandywine Building, Tallahassee, FL 32310. Signed By: Dr. allow the station to add four educational Washington, DC 20016–8082. Signed Robert Johnson, VP for Research. Funds programming streams to the existing By: Mr. Donald Myers, Vice Pres. of Fin. Requested: $133,275. Total Project Cost: Daytona Beach Community College & Treasurer. Funds Requested: $47,000. $266,550. To ensure a continued high ITFS system. The origination equipment Total Project Cost: $188,000. To quality production and programming would permit WCEU–TV to produce improve the signal of public radio facility at WFSU and WFSG by additional programming for its over-the- station WAMU, 88.5 MHz, Washington, replacing 14-year-old, 3⁄4 inch editing air broadcast audience as well as to DC, by replacing its worn-out and equipment. integrate its broadcast and educational unreliable transmitter. The station File No. 96086 CTB University of services and to move to digital random serves a population of about 4,306,989. South Florida, 4202 Fowler Avenue, access and tape storage. The project also File No. 96053 CRB 95155. Univ. of WRB 219, Tampa, FL 33620. Signed By: includes equipment for an interactive the District of Columbia, 4200 Mr. James Heck, General Manager. video classroom; this would be used to Connecticut Ave, NW, Washington, DC Funds Requested: $41,812. Total Project originate instructional classes for high 20008. Signed By: Dr. Martha Cost: $83,624. To upgrade its broadcast school students. Bridgeforth, V.P., Institutional Adv. capabilities, WUSF–TV, Channel 16 in File No. 96174 CRB Sylum Education Funds Requested: $19,386. Total Project Tampa, by replacing its worn-out and Foundation, 485 N.E. 160 Terrace, North Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25533

Miami Beach, FL 33162. Signed By: Mr. transmitter in Marco Island operating on project will also replace obsolete test Chris Bain, President. Funds Requested: 91.7 MHz. and monitoring equipment necessary for $74,895. Total Project Cost: $99,866. To File No. 96241 CTB Community the station to continue service to 2.5 construct a noncommercial FM station, Communications, Inc., 11510 East million people in the greater Atlanta operating on 88.7 MHz, to provide radio Colonial Drive, Orlando, FL 32817. area. services targeted to the young people in Signed By: Mr. Stephen McKenney File No. 96130 IPTN Clark Atlanta the City of North Miami Beach and Steck, President. Funds Requested: University, James Brawley Dr. at Fair St. surrounding areas. $49,168. Total Project Cost: $98,336. To SW, Atlanta, GA 30314. Signed By: Dr. File No. 96198 ICTN Florida improve the post-production Kofi Bota, Vice President, Rsch/Spons International University, NE 151 Street capabilities of WMFE–TV, Channel 24 Pgm. Funds Requested: $67,507. Total and Biscayne Blvd., Miami, FL 33181. in Orlando, by purchasing a digital Project Cost: $79,347. To develop a Signed By: Dr Thomas Breslin, Vice video effects unit and a font generator plan, managed by Clark Atlanta Provost for Research. Funds Requested: to more effectively meet increased University, for a comprehensive $362,190. Total Project Cost: $848,692. demand for the station’s editing telecommunications system among To establish a distance learning system facilities. Historically Black Colleges and under the auspices of the South Florida File No. 96243 CTB WJCT, Inc., 100 Universities (HBCUs) and Minority Distance Learning Network, which is Festival Park Avenue, Jacksonville, FL Institutions (MIs) that could potentially composed of Florida International 32202. Signed By: Mr. William Dresser, incorporate various technologies in a University and other academic President & General Manager. Funds nationwide interactive distance learning institutions in the South Florida area. Requested: $190,000. Total Project Cost: service. The system will provide diverse $380,000. To maintain the high quality instructional programming to Dade, of the broadcast services of WJCT–TV, GU (Guam) Channel 7 in Jacksonville, Florida, by Broward, and Monroe Counties. The File No. 96167 ICRTN University of replacing three 12-year-old studio proposed system will transmit via fiber Guam, House 6 UOG Station, Mangilao, camera systems. optics and via the ITFS system of public GU 96923. Signed By: Ms. Carmen television station WLRN, Ch. 17, Miami. GA (Georgia) Fernandez, Director/CCE–OF. Funds Station WLRN–TV is licensed to the File No. 96076 PTB Albany Technical Requested: $354,200. Total Project Cost: Dade County School Board. $354,200. To activate a new service for File No. 96217 CRB 95116. University Institute, 1021 Lowe Road, Albany, GA distance education by purchasing a of Florida, 2208 Weimer Hall, 31701. Signed By: Dr. Anthony Parker, digital satellite system to serve Guam. Gainesville, FL 32611. Signed By: Mr. President. Funds Requested: $90,180. The system will provide compressed Richard Lehner, General Manager. Total Project Cost: $90,180. Conduct Funds Requested: $28,769. Total Project planning and research activities for the digital video and be affiliated with the Cost: $57,538. To install automation construction of a broadcast facility that Pan-Pacific Educational and equipment at WUFT–FM, operating on will provide distance learning services Communications Experiments by 89.1 MHz in Gainesville, to maintain 24- to students in rural, remote Satellite (PEACESAT) program hour a day programming in a cost- communities of Baker, Calhoun, Clay, headquartered in Hawaii. effective manner. Randolph and Terrell counties, Georgia. HI (Hawaii) File No. 96218 CTB Florida Gulf Coast File No. 96079 CRB 95281. GA Public University, Channel 30 Drive, Bonita Telecomm. Commission, 1540 Stewart File No. 96212 CTB Hawaii Public Springs, FL 33923. Signed By: Dr. Roy Ave., S.W., Atlanta, GA 30310. Signed Broadcasting Auth., 2350 Dole Street, McTarnaghan, President. Funds By: Mr. Frank Bugg, Deputy Director. Honolulu, HI 96822. Signed By: Mr. Requested: $342,114. Total Project Cost: Funds Requested: $27,000. Total Project Sheldon Robbs, Executive Director. $684,229. To improve the broadcast Cost: $54,000. Peach State Public Radio Funds Requested: $75,000. Total Project operations of WSFP–TV, Channel 30 in will establish a noncommercial FM Cost: $150,000. To improve the Bonita Springs, Florida, by replacing radio station operating on 88.3 MHz in transmission facilities of Hawaii Public obsolete, inefficient and trouble-prone Demorest, GA, to provide first service to Broadcasting on the island of Hawaii by origination equipment and acquiring a population of over 260,000 people in replacing six public television one LIS mass storage unit. the Northeast section of Georgia. translators and related equipment File No. 96219 CRB Florida Gulf Coast File No. 96082 CTN City of Atlanta, serving 57,000 people on the Big Island. University, 8111 College Parkway, Fort 68 Mitchell St. SW, Ste 1200, Atlanta, Replacement equipment will be placed Myers, FL 33919. Signed By: Dr. Roy GA 30335. Signed By: Dr. Renee Kemp- at translators located at Honohina, Hilo, McTarnaghan, President. Funds Rotan, Act. Dir., Bur. of Econ. Devel. Kilauea Military Camp, Naalehu, South Requested: $134,061. Total Project Cost: Funds Requested: $399,100. Total Point and Waimea. $268,123. To upgrade and improve its Project Cost: $798,200. To assist the City File No. 96251 PTN University of facilities, WSFP–FM, operating 90.1 of Atlanta in constructing four Hawaii, 2540 Maile Way, Spalding HL. MHz in Fort Myers, by replacing worn- electronic town centers and media parks 253, Honolulu, HI 96822. Signed By: Dr. out and obsolete local origination serving the residents of Atlanta’s Peter Garrod, Interim Director of equipment. Empowerment Zone neighborhoods. Research. Funds Requested: $98,051. File No. 96223 CRB Florida Gulf Coast File No. 96109 CTB Atlanta Board of Total Project Cost: $130,117. To develop University, 8111 College Parkway, Fort Education, 740 Bismark Road, NE, a plan for the extension of the Pan- Myers, FL 33919. Signed By: Dr. Roy Atlanta, GA 30324. Signed By: Dr. Pacific Education and Communication McTarnaghan, President. Funds Benjamin Canada, Superintendent. Experiments by Satellite (PEACESAT) Requested: $67,850. Total Project Cost: Funds Requested: $156,869. Total Network and its programs and services, $135,700. To bring first public radio Project Cost: $313,738. To improve the beyond the District Centers and into the programming services to approximately production facilities of WPBA–TV, Ch. outlying, underserved communities in 60,000 residents of Collier County, 30 in Atlanta, GA, by replacing 10 year American Samoa, Guam, and the WSFP–FM, operating on 90.1 MHz in old 1′′ video tape machines with Commonwealth of the Northern Mariana Fort Myers, will activate a repeater modern video cassette machines. The Islands. 25534 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices

IA (Iowa) By: Dr. Robert E. Dunker, President. Grade B or better public television File No. 96129 ICTN Eastern IA Funds Requested: $49,828. Total Project signal because of terrain, distance from Community College Dist., 306 West Cost: $99,656. To improve the signal a station, and other factors affecting River Drive, Davenport, IA 52801. quality of public radio station KWIT, reliable reception. The station now Signed By: Dr. John Blong, Chancellor. 90.3 MHz, Sioux City, IA, by replacing serves an estimated 237,886 persons. Funds Requested: $114,971. Total its worn-out 19-year-old transmitter. In File No. 96228 CRB University of Project Cost: $229,943. To construct two addition, the project will acquire a Illinois, 1110 West Main Street, Urbana, video classrooms, with associated dummy load and dehydrator and IL 61801. Signed By: Mr. Craig S. interconnection equipment, in the Kahl convert the station’s STL from analog to Bazzani, Comptroller. Funds Requested: digital operation. KWIT serves a Educational Center, located in $9,107. Total Project Cost: $18,214. To population of about 360,000. downtown Davenport. The Center is a improve the signal coverage of WILL– campus of Scott Community College, ID (Idaho) FM, 90.9 MHz, Champaign-Urbana, IL, which in turn is part of the Eastern Iowa by activating a translator to operate on File No. 96166 CTB Idaho Public 101.1 MHz in Urbana to overcome Community College District. The video Television, 1450 N. Orchard, Boise, ID classrooms will originate and receive interference from terrain features and 83706. Signed By: Mr. Jerold Garber, strong stations operating on near-by instructional programming transmitted General Manager. Funds Requested: over the Iowa Communications frequencies. WILL–FM serves a $305,312. Total Project Cost: $407,083. population of about 119,894 persons. Network. One classroom will focus on To replace worn out dissemination programming of regional interest, the equipment with an automated system IN (Indiana) second on classes for statewide which will improve the operations of File No. 96048 CTB Indiana distribution. KAID in Boise, KIPT in Twin Falls, File No. 96143 CRB 95238. Iowa State University, P.O. Box 1847, Bloomington, KISU in Pocatello, KUID in Moscow and IN 47402. Signed By: Dr. George Walker, Univ. of Science & Tech, Pammel Drive, KCDT in Coeur D’Alene. Ames, IA 50011. Signed By: Mr. Richard Vice President, Research. Funds E. Hasbrook, Contracts & Grants Officer. IL (Illinois) Requested: $52,088. Total Project Cost: Funds Requested: $159,777. Total File No. 96033 CTN City of Urbana, $104,176. To improve public television Project Cost: $213,037. To extend the 400 South Vine, Urbana, IL 61801. station WITU, operating on Ch, 30, signal of public radio station WOI-FM, Signed By: Ms. Amy Jordan, Urbana Bloomington, IN, by acquiring a new 90.1 MHz, Ames, IA, by constructing a Public TV Coordinator. Funds switcher and a hard-disk video file repeater station to operate on 89.1 MHz Requested: $59,325. Total Project Cost: server to replace worn-out and obsolete in Ottumwa, IA. The new station will $118,650. To help the City of Urbana master control equipment. The station provide the first public radio signal to establish a PEG cable television serves a population of about 485,800. about 63,295 residents of southeastern community access to transmit City File No. 96151 CTB Michiana Public Iowa. Council meetings and other Broadcasting Corp., 2300 Charger File No. 96154 CRB Kirkwood government-related programming. Boulevard, Elkhart, IN 46514. Signed Community College, P.O. Box 2068, File No. 96118 CTB West Central IL By: Ms. Trina Cutter, President/General Cedar Rapids, IA 52404. Signed By: Dr. Educ Telecom Corp, Shepherd Road, Manager. Funds Requested: $57,038. Norm Nielsen, President. Funds Bldg. K, Room 64, Springfield, IL 62707. Total Project Cost: $114,075. To Requested: $51,097. Total Project Cost: Signed By: Dr. Jerold Gruebel, improve public television station WNIT, $113,549. To improve the signal quality President/General Manager. Funds operating on Ch. 34, Elkhart, IN, by and production capability of public Requested: $155,874. Total Project Cost: replacing aging and obsolete video radio station KCCK, 88.3 MHz, Cedar $259,790. To improve the service of the editing and test equipment. The station Rapids, IA, by replacing its 18-year-old West Central Illinois Educational serves a population of about 791,000. transmitter, antenna, and transmission Telecommunications Corporation (dba File No. 96176 CRB Metro line, and by replacing worn-out and CONVOCOM), Springfield, IL, by Indianapolis Pub Bdcstg, Inc., 1401 obsolete audio recording and playback converting its Springfield translator to a North Meridian Street, Indianapolis, IN equipment. The station serves a full-power repeater operating on 46202. Signed By: Mr. Lloyd Wright, population of about 358,382 persons. Channel 65 by acquiring a high-gain President & General Manager. Funds File No. 96193 CTB Iowa Public antenna system and by establishing a Requested: $55,000. Total Project Cost: Broadcasting Board, 6450 Corporate reliable microwave link between $110,000. To improve public radio Drive, Johnston, IA 50131. Signed By: Springfield and CONVOCOM station station WFYI–FM, 90.1 MHz, Mr. C. David Bolender, Executive WSEC (TV), Jacksonville, IL. It is Indianapolis, IN, by replacing its 26- Director. Funds Requested: $90,281. estimated that some 258,542 persons year-old transmitter, which is worn-out Total Project Cost: $180,562. To will receive enhanced public television and obsolete. The station serves a improve the signals of two translators service from this project. population of about 2-million. operated by Iowa Public Television, File No. 96225 CTB Black Hawk File No. 96230 CTB Tri-State Public Johnston, IA, by replacing their College, 6600 34th Avenue, Moline, IL Teleplex, Inc., 405 Carpenter Street, transmitters and associated equipment. 61265. Signed By: Dr. Judith A. Evansville, IN 47708–1027. Signed By: The translators concerned broadcast on Redwine, President. Funds Requested: Mr. David Dial, President and General channel 14 in Decorah, IA, and on $944,732. Total Project Cost: $1,259,643. Manager. Funds Requested: $84,580. channel 41 in Lansing, IA. Together To extend and improve the signal of Total Project Cost: $169,161. To they serve about 35,137 persons. In public television station WQPT, improve the operation of public station addition to the translators, Iowa Public operating on Ch. 24, Moline, IL, by WNIN–TV, Ch. 9, Evansville, IN, by Television operates eight full-power TV relocating its transmitting facilities to replacing several items of worn-out and stations across the state. Orion, IL, and increasing its power and obsolete production equipment, File No. 96215 CRB Western Iowa antenna height. Benefiting from this including a character generator, lighting Tech. Cmty. College, 4647 Stone project will be an estimated 204,710 instruments, and a field camera and by Avenue, Sioux City, IA 51106. Signed persons who cannot now receive a acquiring a hard-disk digital video Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25535 editing system. The station serves a Manhattan, KS 66506–4701. Signed By: 21. Project also includes an Electronic population of about 750,000. Dr. R. W. Trewyn, Assoc. Vice Provost Field Production unit consisting of a File No. 96233 CTB Ball State for Res’ch. Funds Requested: $18,090. portable video camera, recorder and University, Ball State University, Total Project Cost: $36,180. To improve accessories to be used to provide Muncie, IN 47306–0080. Signed By: Dr. the facilities of public radio station additional production capacity to better James L. Pyle, Exec Dir, Academic KKSU–AM, 580 kHZ, in Manhattan, by serve the proposed coverage area. Research. Funds Requested: $230,738. converting the station to a stereo Station will provide a first over-the-air Total Project Cost: $461,476. To production facility, converting to digital signal to about 26,000 people. improve the operation of public record and playback technology, and File No. 96214 CRB Hutchinson television station WIPB, Ch. 49, Muncie, expanding the routing and distribution Community College, 815 N. Walnut, IN, by replacing obsolete and worn-out system due to additional demands. Suite 300, Hutchinson, KS 67501. cameras and a character generator. The KKSU–AM will also acquire an Signed By: Dr. Edward Berger, station serves a population of about oscilloscope. Station serves about 5.4 President. Funds Requested: $31,150. 980,000. million people in parts of KS, NE, MO, Total Project Cost: $62,300. To improve KS (Kansas) IA and OK. public radio station KHCC–FM, 90.1 File No. 96138 CRB Wichita State MHz, in Hutchinson, by replacing File No. 96002 ICTN Western Kansas University, 3317 East 17th Street, obsolete equipment with a digital audio Cmty Srvcs Consort., 1007 West Eighth Wichita, KS 67208. Signed By: Dr. storage system and interfaces, three Street, Pratt, KS 67124. Signed By: Ms. Gerald Loper, Associate Vice President. DAT recorders and four microphones. Joyce Hartmann, Executive Director. Funds Requested: $19,250. Total Project This station, and its two repeater Funds Requested: $168,883. Total Cost: $38,500. To improve the facilities stations, serve approximately 925,000 Project Cost: $356,589. To assist the of public radio station KMUW–FM, 89.1 people in central KS. Consortium’s five community colleges MHz, in Wichita, by installing an File No. 96222 CTB Washburn to extend their instructional uninterruptable power supply system to University of Topeka, 1700 Southwest programming throughout the keep the station on the air during power College Avenue, Topeka, KS 66621. Consortium’s 41-county educational outages and replacing 10-to-20 year old Signed By: Dr. Hugh Thompson, service area. Colby Community College analog production equipment with President. Funds Requested: $114,547. proposes to interconnect with two digital recording and editing equipment. Total Project Cost: $229,094. To existing distance learning networks. KMUW–FM serves about 678,000 improve public television station Dodge City Community College would people in south central KS. install four portable ITV classrooms in File No. 96140 CTB Kansas Public KTWU–TV, Ch. 11, in Topeka by rural areas and purchase a satellite Telecom. Service, 320 West 21st St., replacing its 42 year old transmission receive-only earth station. Garden City P.O. Box 288, Wichita, KS 67201. line, adding a backup studio to Community College will construct four Signed By: Mr. Zoel Parenteau, transmitter microwave system, and video classrooms, one at the Lee President & General Manager. Funds upgrading its master control operations Richardson Zoo. Pratt Community Requested: $14,357. Total Project Cost: by adding a digital video playback College will expand its connectivity to $28,715. To improve the facilities of system. KTWU–TV serves the existing A–Plus Network. Seward public television station KPTS–TV, Ch. approximately 1.26 million people. County Community College will equip a 8, in Wichita, by replacing an old, KY (Kentucky) video classroom in the community of obsolete video tape recorder, acquiring Johnson. a new waveform monitor, a new color File No. 96098 CRB Murray State File No. 96021 CRB Kanza Society, monitor and an FCC required EBS University, 15th & Olive Streets, Inc., 210 North Seventh, Garden City, encoder decoder. KPTS–TV serves Murray, KY 42071. Signed By: Dr. James KS 67846–5519. Signed By: Ms. approximately 388,000 people. Booth, Provost. Funds Requested: Kathleen Holt, Executive Director. File No. 96180 CRB Kansas Public $37,620. Total Project Cost: $50,160. To Funds Requested: $91,534. Total Project Broadcasting Council, 900 SW Jackson, improve reception to its current Cost: $140,821. To improve and extend Room 751S, Topeka, KS 66612–1275. audience and to reach approximately the signal of KANZ–FM (91.1 MHz) in Signed By: Mr. David M. Wilson, 54,000 new listeners, WKMS–FM, Garden City and KZNA–FM (90.5 MHz) Chairman. Requested: $41,528. Total operating on 91.3 MHz in Murray, in Hill City, by replacing (including Project Cost: $83,056. To purchase a Kentucky, will activate a translator in changing existing frequency), relocating portable Ku-band satellite uplink as Paducah (92.1 MHz) and a repeater in or changing the coverage of the well as six fixed downlinks to be placed Madisonville (90.1 MHz). following twelve FM translators: at public radio stations serving the state. File No. 96171 ICTN Center for Rural Ashland, KS (K252AX to 92.9 MHz); The equipment will be used to share Development, 2292 South Highway 27, Atwood, KS (K237CN); Colby, KS programming gathered from around the Suite 300, Somerset, KY 42501. Signed (K205BR); Dodge City, KS (K242AE to state. Downlinks will be placed at By: Mrs. Hilda Gay Legg, Executive 92.9 MHz); Elkhart, KS (K252AV to 90.3 KHCC–FM, Hutchinson, KANZ–FM, Director. Funds Requested: $619,588. MHz); Goodland, KS (K219AJ to 89.7 Garden City, KANU–FM, Lawrence, Total Project Cost: $826,117. To MHz); Guymon, OK (K205FP); Lamar, KKSU–AM, Manhattan, KRPS–FM, establish a production studio for The CO (K252BY to 90.7 MHz); Ness City, Pittsburg and KMUW–FM, Wichita. Center for Rural Development, KS (K252AY to 92.9 MHz); St. Francis, File No. 96202 CTB Smoky Hills Somerset, KY. The studio will allow the KS (K257DI to 96.3 MHz); Sharon Public Television, 604 Elm Street, Center to produce instructional Springs, KS (K214AU); and Tribune, KS Bunker Hill, KS 67626. Signed By: Mr. programming as part of its mandate to (K252AW to 89.5 MHz). The changes David Wilson, CEO/General Manager. act as a training and education center will result in approximately 35,217 Funds Requested: $58,000. Total Project for a 40-county service area. The people receiving a first public radio Cost: $116,000. To extend the signal of Center’s partners in this signal. public television station KOOD–TV, Ch. telecommunications enterprise are the File No. 96051 CRB Kansas State 9, in Bunker Hill, by constructing a new University of Kentucky and Kentucky University, Room 2, Fairchild Hall, repeater station in Dodge City, on Ch. Educational Television. 25536 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices

File No. 96196 CTB Kentucky shore and to the Stennis Space Center, WGBH Educational Foundation serves Educational Television, 600 Cooper which is located in Mississippi. approximately 5,430,000 viewers. Drive, Lexington, KY 40502. Signed By: File No. 96246 ICTN 95147. File No. 96220 ICTN Douglas Public Mrs. Virginia Fox, Executive Director. Northwestern State University, Kyser Schools, 21 Davis Street, East Douglas, Funds Requested: $689,076. Total Hall, Room 153, Natchitoches, LA MA 01516. Signed By: Mrs. Concetta Project Cost: $1,148,460. To improve the 71497. Signed By: Dr. Robert Alost, Verge, Superintendent. Funds broadcast services of WKMJ–TV, President. Funds Requested: $569,528. Requested: $19,323. Total Project Cost: Channel 68 in Louisville, Kentucky, by Total Project Cost: $759,371. To $38,647. To establish a video conference replacing the aging transmitter, the purchase a Ku-band mobile satellite classroom for the Douglas, Mass., Public transmission line and the antenna uplink to expand the distance learning Schools to be used for distance learning which was damaged by lightning. opportunities to under served areas of purposes. The project would use PicTel File No. 96210 CTB Fifteen Louisiana, Arkansas, Mississippi and equipment with the signals transmitted Telecommunications, Inc., 4421 Bishop Oklahoma. via ISDN. Lane/PO Box 37380, Louisville, KY File No. 96244 ICTN Springfield 40218. Signed By: Mr. John-Robert MA (Massachusetts) Technical Cmty College, One Armory Curtin, President & CEO. Funds File No. 96036 CRB 95145. Cape & Square, Springfield, MA 01105. Signed Requested: $39,975. Total Project Cost: Islands Commm Public Radio, 78 By: Dr. Andrew Scibelli, President. $79,950. To improve the broadcast Gardiner Road, Woods Hole, MA 02543. Funds Requested: $250,000. Total operations of WKPC–TV, Channel 15 in Signed By: Mr. Jay Allison, President. Project Cost: $500,000. To help establish Louisville, Kentucky by constructing a Funds Requested: $212,450. Total a T–1-based, compressed video, free standing 195 ft. tower for the Project Cost: $283,270. To provide first interactive distance learning network station’s STL and ITFS. public radio service to 70,639 citizens of that will allow Springfield Technical Community College (STCC) to provide LA (Louisiana) Woods Hole and Nantucket, MA by constructing new FM broadcast studios, instructional programming to eight File No. 96045 CTB Educational control rooms, antennas and schools and fifty small businesses in Broadcasting Fdn., 2929 South transmitters at 90.1 MHz, Woods Hole, Springfield, MA. The equipment will Carrollton Avenue, New Orleans, LA MA, and 91.1 MHz, Nantucket, MA. also permit STCC to interconnect with 70118. Signed By: Mr. James Kelly, the University of Massachusetts and 120 File No. 96131 CRB University of General Manager. Funds Requested: other national universities as well as Massachusetts, Amherst, MA 01003. $94,808. Total Project Cost: $189,617. with a New England-wide technical Signed By: Ms. Carol Sprague, Acting To improve the production facilities of training collaborative of eight colleges Assoc. Director. Funds Requested: public television station WLAE–TV, offering common curricula. The $46,827. Total Project Cost: $93,655. To operating on Ch. 32 in New Orleans, LA. proposed network will serve a large The project will replace a 20 year old improve WFCR–FM, operating on 88.5 section of Springfield that the Federal video production switcher for the MHz, in Amherst, MA, by replacing the Government has designated an production of local programs. WLAE– audio console and associated items, Enterprise Zone. TV serves 1.2 million people in the monitor amplifier, monitor speakers, greater New Orleans area. storage system, two cassette decks, two MD (Maryland) File No. 96093 CTB Greater New turntables, microphone processor, File No. 96073 CRB Univ. of Orleans ETV Found., 916 Navarre telephone hybrid, routing switcher, Maryland Eastern Shore, Backbone Avenue, New Orleans, LA 70124. cabinets, and test equipment. Applicant Road, Princess Anne, MD 21853. Signed Signed By: Mr. Randall Feldman, provides service to approximately By: Dr. William Hytche, President, President & General Manager. Funds 1,144,371 potential listeners. UMES. Funds Requested: $86,647. Total Requested: $191,500. Total Project Cost: File No. 96158 CRB University of Project Cost: $115,550. To provide first $383,000. To improve the production Massachusetts, 100 Morrissey Blvd., public radio service to over 70,000 facilities of public television station Boston, MA 02125. Signed By: Mr. Paul residents of Eastern Delaware and WYES–TV, operating on Ch. 12 in New O’Keefe, Director. Funds Requested: Northern Maryland, WESM–FM, Orleans, by replacing 1’’ video tape $67,730. Total Project Cost: $92,730. To operating on 91.3 MHz in Princess machines with digital video cassette improve WFPB–FM, operating on 91.9 Anne, Maryland, will construct a machines and replacing four Betacam MHz, in Falmouth, MA, by replacing the repeater station in Massey, MD. players with a disc storage system. The present temporary system, using mostly File No. 96078 ICTN Salisbury State project will also replace a 10 year old borrowed and rented equipment which University, 1101 Camden Avenue, DVE system with a dual channel system makes this project a middle ground Salisbury, MD 21801. Signed By: Dr. and purchase a non-linear editor for the between establishing a new first service Nelson Butler, Interim President. Funds production of local programs. WYES– and replacing an existing system. The Requested: $151,300. Total Project Cost: TV serves 1.7 million people in the applicant owns very few broadcast $201,762. A consortium of three State greater New Orleans area. items, so the equipment requested is higher education academic institutions File No. 96127 ICTN New Orleans basically an activation package. WFPB– would interconnect their three Educ. T/C Consortium, 2929 South FM will serve approximately 40,000 campuses to form a distance learning CarrolltonAvenue, New Orleans, LA listeners. system to serve Maryland’s lower 70118. Signed By: Dr. Robert Lucas, File No. 96208 CTB WGBH eastern shore. The three are Salisbury Executive Director. Funds Requested: Educational Foundational, 125 Western State University, the University of $287,293. Total Project Cost: $574,586. Avenue, Boston, MA 02134. Signed By: Maryland/Eastern Shore, and Wor-Wic To purchase T–1 interconnection and Mr. Andrew Griffiths, VP/Finance and Community College. The project would video classroom equipment to allow the Administration. Funds Requested: construct a duplex microwave system New Orleans Educational $587,605. Total Project Cost: $1,175,210. linking the three campuses and an STL Telecommunications Consortium to To improve WGBH–TV, operating on Ch system that would interconnect with an extend its ITFS-based distance learning 2, in Boston, MA, by replacing six existing ITFS transmission site near service to Lake Ponchartrain’s north eighteen-year-old studio cameras. Salisbury. The project would also install Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25537 a video classroom at Wor-Wic Michigan counties. The project would MHz, Traverse City, MI, by increasing Community College and receive sites at also purchase 40 personal computers in its power, moving its antenna, and high schools in 12 area communities. each school building or library in order changing its frequency to 90.7MHz. The File No. 96189 CTB Maryland Public to allow those facilities to interconnect station currently serves a population of Broadcasting Comm., 11767 Owings with the Internet. The project is a joint about 63,000. The project will add an Mills Boulevard, Owings Mills, MD effort between the applicant and the estimated 60,400 persons, who have 21117. Signed By: Dr. Archie Buffkins, Iosco Intermediate School District. access to public radio service from Interim President/CEO. Funds File No. 96066 CRB Central Michigan another station. Requested: $1,016,000. Total Project University, 3965 East Broomfield Road, File No. 96224 CRTB Northern Cost: $2,032,000. To upgrade the Mount Pleasant, MI 48859. Signed By: Michigan University, Northern broadcast operations of WMPT–TV, Dr. Leonard E. Plachta, President. Funds Michigan University, Marquette, MI Channel 22 in Annapolis, Maryland, by Requested: $321,991. Total Project Cost: 49855. Signed By: Dr. Michael J. Roy, replacing the 22-year-old transmitter $429,322. To activate a repeater station VP/Finance and Administration. Funds and the antenna/transmission line operating at 95.7 MHz to bring the first Requested: $53,620. Total Project Cost: system. public radio signal to approximately $107,240. To improve public station File No. 96201 ICTN Chesapeake 51,501 residents in and around Oscoda, WNMU–TV, Ch. 13, and WNMU–FM, Regional Network, Inc., 39 Old Hilltop MI. The new station will repeat the 90.1 MHz, Marquette, MI, by replacing Rd., Conowingo, MD 21918. Signed By: programming of public station WCMU- failing audio recording equipment, Mr. Douglas Donley, President. Funds FM, 89.5 MHz, Mt. Pleasant, MI, which upgrading their tower lighting, and Requested: $60,685. Total Project Cost: presently serves a population of about acquiring equipment for descriptive $84,285. To establish an Instructional 291,577. video, closed captioning, and FCC- Television Fixed Service (ITFS) to File No. 96068 CTB Detroit mandated Emergency Alert Notification. provide instructional programming to Educational Television Fndn, 7441 The stations serve a population of about rural Cecil County, located in Maryland Second Boulevard, Detroit, MI 48202– 200,000. 2796. Signed By: Mr. Steve Antoniotti, between Baltimore and Philadelphia, File No. 96226 CRB Northern President and General Manager. Funds PA. Michigan University, Northern Requested: $149,887. Total Project Cost: Michigan University, Marquette, MI ME (Maine) $299,775. To improve the operation of 49855. Signed By: Dr. Michael J. Roy, File No. 96014 CTN Pleasant Point public television station WTVS, Ch. 56, VP/Finance and Administration. Funds Passamaquoddy Tribe, P.O. Box 339, Detroit, MI, by replacing a worn-out and Requested: $8,513. Total Project Cost: Perry, ME 04667. Signed By: Ms. Pamela obsolete switcher and by acquiring an $17,026. To extend the signal of Francis, Executive Director. Funds emergency power generator for the Requested: $30,118. Total Project Cost: station’s transmitter. WTVS serves a WNMU–FM, 90.1 MHz, Marquette, MI, $46,335. To extend the cable television population of about 4,500,000. by activating a translator to operate at community access channel of the File No. 96134 IPTN Lansing 107.3 MHz in Stephenson, MI, bringing Passamaquoddy Tribe of Pleasant Point Community College, 528 N. Capitol, the first public radio signal to about to the entire Passamaquoddy Lansing, MI 48933. Signed By: Dr. 13,000 residents of the south-central Reservation. At present, the channel is Valerianna Moeller, Executive V. Pres./ Upper Peninsula of Michigan. The cablecast only to approximately 25% of Provost. Funds Requested: $75,300. project will also enable the re-activation the Reservation, to an area known as the Total Project Cost: $105,750. To explore of an existing translator on 91.3 MHz in Old Pleasant Point Reservation. the feasibility of various technologies Marinette, WI, that had to be shut down File No. 96080 PTB St. John that could be appropriate for an when a new full-power station overroad Plantation, RR 3 box 410, Fort Kent, ME interactive distance learning system in the signal from WNMU–FM. This 04743. Signed By: Mr. Fernald Jandreau, southeastern Michigan, among Lansing translator serves a population of about First Selectman. Funds Requested: Community College, and the K–12 15,518. $7,500. Total Project Cost: $7,500. This schools in the Livingston County File No. 96237 ICTN Hillsdale Co. is an ineligible application. The Educational Service District and the Intermed School Dist, 3471 Beck Road, applicant is a commercial station, Ingham County Intermediate School Hillsdale, MI 49242. Signed By: Mr. WFKT–TV, channel 4, in Fort Kent ME. District. Gary Moore, Superintendent. Funds Its basic purpose is to strengthen the File No. 96144 CTB Michigan State Requested: $847,191. Total Project Cost: broadcast capability of commercial University, 84 Wilson Road, East $1,129,588. To establish a fiber optics- television station WAGM–TV, channel Lansing, MI 48824–1212. Signed By: Mr. based, interactive distance learning 8, which evidently is owned by the Daniel Evon, Asst Dir, Grants Admin. system which will interconnect the applicant and to extend local Funds Requested: $549,925. Total eight schools served by the Hillsdale broadcasting capability of WFKT–TV to Project Cost: $1,099,851. To improve the County Intermediate School District, surrounding communities. In the time quality and reliability of the signal of located in extreme southern Michigan. pressure we have, there is no point in public station WKAR–TV, Ch. 23, East File No. 96238 CTB Grand Valley spending any more time on this Lansing, MI, by replacing its failing 18- State University, 301 West Fulton ineligible project. year-old transmitter, STL, and the Street, Grand Rapids, MI 49504–6492. associated control, monitoring. and test Signed By: Ms. Jean Enright, Secretary, MI (Michigan) equipment. The station serves a Board of Control. Funds Requested: File No. 96003 ICTN Alpena-Mont.- population of about 2,069,000. $104,679. Total Project Cost: $209,358. Alcona Ed. Srvc. Dist., 2118 U.S. 23 File No. 96185 CRB Northwestern To improve the operation of public South, Alpena, MI 49707. Signed By: Michigan College, 1701 East Front station WGVU–TV, Ch. 35, Grand Mr. Thomas Lanway, Superintendent. Street, Traverse City, MI 49684. Signed Rapids, MI, by replacing obsolete and Funds Requested: $433,750. Total By: Mr. Timothy Quinn, President. worn-out video tape recorders. The Project Cost: $870,250. To install cables Funds Requested: $39,055. Total Project project will also benefit WGVK–TV, Ch. for voice, video, and data transmission Cost: $52,073. To upgrade non- 52, which repeats the programming of into every classroom and library in four commercial radio station WNMC, 90.9 WGVU–TV in Kalamazoo, MI. The 25538 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices stations serve a population of about Earth Land Recovery Project, in White well as in Missouri. The proposed 1,274,200. Earth, MN, is requesting funding to system’s design is based on activate a first signal public radio interconnecting three large networks MN (Minnesota) station for the White Earth Ojibwe that are already established: the St. File No. 96056 CTB West Central Indian reservation in Northern Louis Community College Network; the Minnesota ETV CO, 120 West Minnesota. A PTFP Planning grant University of Missouri/St. Louis’s Schlieman Avenue, Appleton, MN awarded in 1995 enabled the applicant existing network; and the cable TV and 56208. Signed By: Mr. Ansel Doll, to conduct a community needs ITFS networks associated with the General Manager. Funds Requested: assessment and site review, and to Cooperating School Districts (the latter $176,310. Total Project Cost: $352,620. prepare a FCC construction permit consists of 28 K–12 public school To extend the service of KWCM–TV, application which have resulted in the districts in the area). operating on Ch. 10, in Appleton, MN, project. The proposed station will File No. 96160 ICTN Ozarks by activating a first signal repeater provide first service to approximately Technical Community College, 1417 station, operating on Ch 69, in Fergus 9,200 listeners. North Jefferson, Springfield, MO 65802. Falls, MN, an area of west central Signed By: Dr. Norman Myers, Minnesota not now served by public TV MO (Missouri) President. Funds Requested: $184,421. and containing a population of File No. 96010 CRB University of Total Project Cost: $245,895. To approximately 50,714 potential viewers. Missouri, 8001 Natural Bridge Road, St. construct an ISDN, telephone-line-based File No. 96104 CTN Asian Media Louis, MO 63121. Signed By: Mr. distance learning system to permit Access, Inc., 730 Henepin Avenue, # Douglas Wartzok, Assoc Vice Chan. Ozarks Technical Community College to 812, Minneapolis, MN 55403. Signed Dean of Grad. Funds Requested: transmit its instructional programming By: Mr. Virendra Ratnayake, President $25,860. Total Project Cost: $51,720. To to schools and the general population of the Board. Funds Requested: improve the production facilities of throughout its service area of southwest $844,380. Total Project Cost: $1,125,850. public radio station KWMU, 90.7 MHz, Arkansas. Specifically, the system will To construct the first Asian-American St. Louis, MO, by replacing worn-out reach five school districts—i.e., production studio in the United States and unreliable equipment, including a Republic, Strafford, Rogersville, Nixa, that will serve as a media center for console, CD players, microphones, and and Reeds Spring—all of which are to Asian American communities and will microphone processors. The station be found in a three-county area; the produce Asian Lanuguage news, serves a population of about 2,734,900 counties are Greene, Stone, and magazine shows, documentaries and persons. Christian. educational programming. File No. 96013 CRB Curators of the File No. 96187 CTB Public Television File No. 96137 CRB Red Lake Band of Univ. of Missouri, 8001 Natural Bridge 19, Inc., 125 East 31st Street, Kansas Chippewa Indians, Tribal Headquarters Road, St. Louis, MO 63121. Signed By: City, MO 64108. Signed By: Mr. William Building, Red Lake, MN 56671. Signed Mr. Douglas Wartzok, Assoc. Vice Chan. T. Reed, President & CEO. Funds By: Mr. Bobby Whitefeather, Tribal Dean of Grad. Funds Requested: Requested: $250,835. Total Project Cost: Chairman. Funds Requested: $617,725. $28,675. Total Project Cost: $57,350. To $501,670. To improve the facilities of Total Project Cost: $823,725. The improve the operational reliability of public television station KCPT, Ch. 19, purpose of this project is to construct a public radio station KWMU, 90.7 MHz, Kansas City, MO, by replacing seven new public radio station to serve the St. Louis, MO, by acquiring a back-up worn-out, obsolete video tape recorders Red Lake Indian Reservation and power generator and an Uninterruptable and test equipment, and by acquiring a surrounding areas in northern Power Supply. The station serves a second master control switcher and a Minnesota, providing the first signal for population of about 2,734,900. video ‘‘cache’’ system. KCPT serves a approximately 7,000 residents within File No. 96027 CRB New Wave population of about 1,900,000 persons. the coverage area. The station, if funded, Corporation, 915 East Broadway, will operate on 91.4 MHz with a power Columbia, MO 65201. Signed By: Mr. MP (Marianas Protectorate) of 100 KW, ERP. Brian Mann, Interim General Manager. File No. 96069 IPRTN Northern File No. 96206 CRB Minnesota Public Funds Requested: $8,125. Total Project Marianas College, P.O. Box 1250, Radio, 45 E 7th Street, St. Paul, MN Cost: $18,250. To improve the Saipan, MP 96950. Signed By: Ms. 55101. Signed By: Mr. Dennis Hamilton, production capability of public radio Agnes McPhetres, President. Funds Vice President. Funds Requested: station KOPN, 89.5 MHz, Columbia, Requested: $24,275. Total Project Cost: $206,194. Total Project Cost: $412,389. MO, by replacing an obsolete, 15-year- $24,275. To conduct a study and To improve the Minnesota Public Radio old on-air audio console. The project develop the design for the use of Network of 16 network stations by will also acquire the equipment for the technologies in a distance learning replacing an old C-Band portable uplink Emergency Alert System, which the FCC system to be established as the Pacific with a Ku-band uplink based at St. Paul, requires all stations to activate. KOPN Technical Education Network, between replacing cart machines at the 16 serves a population of about 250,000 Honolulu, Hawaii and Saipan, Northern network stations, and also in South persons. Marianas Islands. Dakota and Michigan. Additionally, this File No. 96041 ICTN University of project requests backup STLs for MPR Missouri/St. Louis, 8001 Natural Bridge MS (Mississippi) stations in Rochester and Duluth, MN. Rd., St. Louis, MO 63121–4499. Signed File No. 96172 CRTB Mississippi This network serves approximately By: Dr. Douglas Wartzok, Assoc. Vice Authority for ETV, 3825 Ridgewood 4,547,000 potential listeners. Chancel./Research. Funds Requested: Road, Jackson, MS 39211. Signed By: File No. 96236 CRB White Earth Land $775,131. Total Project Cost: $1,700,275. Mr. Larry Miller, Executive Director. Recovery Project, Box 327, White Earth, To construct a two-way, interactive Funds Requested: $88,242. Total Project MN 56591. Signed By: Ms. Roxanne telecommunications system—to be Cost: $176,484. Replace FM radio Struthers, Chairperson. Funds called St. Louis EdNet—linking diverse modulation monitoring equipment, FM Requested: $407,528. Total Project Cost: educational and cultural institutions exciters, and the radio and television $543,370. The Niijii Broadcast throughout the greater St. Louis area. high speed RF monitoring system at Corporation, a subsidiary of the White This includes locations in Illinois as transmitter sites throughout the state of Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25539

Mississippi, to improve FM stereo Rapids, NC, will relocate its antenna to TV, Ch. 26, in Omaha, by acquiring two performance, ensure compliance with a higher tower and will install a digital camera control systems that will allow power measurement requirements, and STL system. the use of two PTFP-funded field protect transmitters from potential File No. 96074 ICTN College of the cameras in the studio during damage. Albemarle, 1208 North Road St., productions which require more than Elizabeth City, NC 27906. Signed By: Dr. three studio cameras. Station provides MT (Montana) Larry R. Donnithorne, President. Funds service to more than 600,000 people. File No. 96034 CRB Montana State Requested: $136,000. Total Project Cost: File No. 96081 ICTN A DEC, University—Billings, 1500 North 30th $181,500. To construct a two-way University of Nebraska-Lincoln, Street, Billings, MT 59101–0298. Signed distance learning video classroom at the Lincoln, NE 68583. Signed By: Dr. Janet By: Dr. Ronald Sexton, Chancellor. College of the Albemarle to allow the Poley, President/CEO. Funds Requested: Funds Requested: $42,815. Total Project College to offer and receive instructional $1,364,587. Total Project Cost: Cost: $92,815. To purchase a Ku-band programming via its ITFS channels and $2,729,175. To purchase five additional satellite uplink system for KEMC–FM, the North Carolina Information C band uplinks, convert 12 existing operating on 91.7 MHz in Billings. The Highway. uplinks from analog to digital, and satellite system would place downlinks File No. 96231 CTB Univ. of NC equip 174 existing downlinks with to provide programming to six existing Center for Public TV, 10 T.W. Alexander digital reception equipment. Uplinks facilities operated by KEMC–FM. Drive, Research Triangle Park, NC will be placed at Delaware State Downlinks would be provided at a 27709. Signed By: Mr. Tom Howe, University, Florida A&M University, the repeater station serving Bozeman, MT Director & GM. Funds Requested: University of Illinois, Kansas State and translators serving Havre, Helena, $1,574,523. Total Project Cost: University and West Virginia and Miles City, MT, as well as Cody and $4,890,000. To improve broadcast University. Sheridan, WY. operations and extend its coverage area File No. 96096 CRB 95148. Sunrise File No. 96177 CRB Bd of Regents, to include approximately 779,000 Communications, Inc., 941 ‘‘O’’ Street, MT University System, 330 Strand potential new viewers in the state’s Suite 1025, Lincoln, NE 68508. Signed Union Building, Bozeman, MT 59717. northeast region by the replacement of By: Mr. Dick Noble, General Manager. Signed By: Mr. Philip Charles, General critical transmission equipment and Funds Requested: $84,612. Total Project Manager. Funds Requested: $30,495. construction of a taller tower at WUND– Cost: $112,816. To improve the facilities Total Project Cost: $52,995. To improve TV, Channel 2, in Columbia, SC. of public radio station KZUM-FM, 89.3 the facilities of noncommercial radio File No. 96242 CTB Gospel & MHz, in Lincoln by acquiring new and station KGLT–FM, operating on 91.9 Deliverance Ministry, Inc., Rt. 1, Box replacement equipment for the on-air MHz in Bozeman, MT by purchasing a 171–E, Shannon, NC 28386. Signed By: control and production control rooms as new FM antenna, exciter and related Mr. Gerald Locklear, President. Funds well as a C-band satellite downlink. equipment. The applicant has lost its Requested: $680,000. Total Project Cost: Station serves approximately 214,000 lease at its current transmitter site and $1,115,000. To construct a low-power people. the new equipment will ensure television station on Ch. 47 to serve the File No. 96142 CTB Nebraska Educ continued service to 47,000 people. The educational and training needs of the Telecomm Commission, 1800 N. 33rd transmitter will be relocated to a higher community, specifically the Native Street, Lincoln, NE 68501. Signed By: elevation and the new antenna will American population of Robeson Mr. Jack McBride, Secretary. Funds permit a power increase from 2 KW to County. Requested: $152,032. Total Project Cost: 68 KW. $304,065. To improve the production ND (North Dakota) facilities of the state’s public television NC (North Carolina) File No. 96141 CRB Dakota Radio network by replacing old, obsolete File No. 96032 CRB Wilkes Information Service, Liberty Mem. origination equipment. Items to be Community College, Collegiate Drive, Bldg., 604 E. Blvd., Bismarck, ND acquired include: a remote unit audio Wilkesboro, NC 28697. Signed By: Dr. 58505. Signed By: Ms. Marcella console, 7 mini-disk recorder/players, 7 Gordon Burns, President of WCC. Funds Schmaltz, President. Funds Requested: mini-disk players, a digital audio Requested: $36,999. Total Project Cost: $5,156. Total Project Cost: $6,875. To workstation, color and black/white $49,332. To provide first public radio acquire 125 SCA receivers for use by the monitors as well as waveform monitors services to approximately 47,000 print-impaired in western ND. The radio and vectorscopes test equipment. Much residents of northwest North Carolina reading service receivers would be of the equipment being replaced is in by upgrading WSIF–FM, operating on distributed in areas covered by six new excess of 20 years old is a maintenance 90.9 MHz in Wilkesboro, from a Class D FM radio translator stations which were problem. The network serves about 1.5 station to a Class A radio facility. WSIF– funded by PTFP in 1995. Since this is million people. FM will change frequency to 94.7 MHz, the first time 90.1 MHz has been used File No. 96147 CRB Nebraska Educ increase power and change the antenna in this area, there is no inventory of Telecomm Commission, 1800 N. 33rd system. receivers available for distribution. The Street, PO Box 8311, Lincoln, NE 68501. File No. 96046 CRB 95100. Better Life, service provides the only locally Signed By: Mr. Jack McBride, Secretary. Inc., 230–B Roanoke Avenue, Roanoke originated service in ND. It broadcasts Funds Requested: $23,212. Total Project Rapids, NC 27870. Signed By: Mr. on the stations licensed to Prairie Public Cost: $46,425. To improve the facilities George Campbell, Executive Director. Broadcasting. of the state’s public radio network by Funds Requested: $91,500. Total Project acquiring production equipment to Cost: $122,000. To upgrade its services NE (Nebraska) replace old, obsolete equipment that is and extend its coverage to provide first File No. 96018 CTB University of no longer operating properly. Requested public radio service and first radio Nebraska, 60th & Dodge Streets, Omaha, equipment includes: a digital audio reading services to approximately NE 68182–0022. Signed By: Dr. Delbert workstation, a telephone hybrid for on- 46,000 residents of northeast North Weber, Chancellor. Funds Requested: air call-ins, mini-disk recorder/player Carolina and southeast Virginia, WZRU, $38,000. Total Project Cost: $80,000. To and 4 mini-disk players. The state’s operating on 88.5 MHz in Roanoke improve public television station KYNE- public radio network serves 25540 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices approximately 872,000 people in NE $1,022,825. To install a cable-fiber optic Portales, NM 88130. Signed By: Mr. and parts of KS and WY. interconnection system that will, Duane Ryan, Director of Broadcasting. initially, extend the Mescalero Apache Funds Requested: $101,335. Total NH (New Hampshire) Reservation’s public television signal to Project Cost: $202,670. To improve the File No. 96031 CRB New Hampshire an additional 820 Reservation homes. facilities of the existing microwave Public Radio, 207 North Main Street, Over-the-air signal transmission to these interconnection system between the Concord, NH 03301–5048. Signed By: homes is blocked by terrain. Via three state public television stations: Mr. Mark Handley, President. Funds translators, the Mescalero Tribe receives KENW–TV, Ch. 3, in Portales, KNME– Requested: $40,422. Total Project Cost: the public television service of station TV, Ch. 5, in Albuquerque and KRWG– $80,845. To improve WEVO–FM, KENW–TV, Portales, NM. The cable will TV, Ch. 22, in Las Cruces. The system operating on 89.1 MHz, in Concord, NH, also be connected to the Mescalero also connects four public radio stations: by upgrading the station’s program hospital, the Mescalero public schools, KUNM–FM and KANW–FM in origination from tape to digital/audio and the Tribal and Federal Government Albuquerque; KRWG–FM, Las Cruces, production and automation, which will offices. and KENW–FM, Portales. Project would result in upgrading production both in File No. 96020 CRB Alamo Navajo replace existing hetrodyne microwave the studios and in master control. School Board, Inc., P.O. Box 907, receiver/transmitter equipment, replace File No. 96240 CTB University of New Magdalena, NM 87825. Signed By: Mr. analog audio subcarrier units with Hampshire, Route 155A, Mast Rd., PO George Apachito, President. Funds digital equipment and add video Box 110, Durham, NH 03824. Signed By: Requested: $13,781. Total Project Cost: synchronizers at microwave endpoints. Mr. Steven Bernstein, Sr. Grant & $18,375. To improve the facilities of System serves about 982,000 people in Contract Officer. Funds Requested: public radio station KABR–AM, 1500 NM. $130,000. Total Project Cost: $260,000. kHZ, in Magdalena, by replacing old File No. 96175 ICTN Hispanic Educ’l To improve originating station WENH- equipment in the on-air control room Telecom. System, Woodward Hall, TV, operating on Ch 11, in Durham, NH, with equipment that will upgrade its 115C, Albuquerque, NM 87131–4016. by replacing the studio production ability to automate part of the broadcast Signed By: Dr. Richard Peck, Chair of control switcher and field ENG Kit for day. This will permit an increase in HETS Board. Funds Requested: production of local programming. This broadcast hours without increasing the $840,606. Total Project Cost: $1,120,808. state network originating station serves staff size. Most of the station’s To expand participation in the Hispanic the entire state of New Hampshire, equipment is original and was Educational Telecommunications purchased in 1983 when it went on the totaling 1,109,252 potential viewers. System (HETS) project by constructing air. KABR–AM serves approximately NJ (New Jersey) VSAT satellite terminals and origination 11,000 people in west central NM. File No. 96070 CTB New Jersey Public File No. 96060 CRB Northern NM classrooms at seven colleges serving Broadcasting Auth, 25 South Stockton Radio Foundation, 116 West Buena Hispanic students: Kings River Street, Trenton, NJ 08625. Signed By: Vists, Santa Fe, NM 87501. Signed By: Community College in California; the Mrs. Elizabeth Christopherson, Mr. William Sims, President. Funds John Jay College of Criminal Justice in Executive Director. Funds Requested: Requested: $88,332. Total Project Cost: New York State; Florida International $118,600. Total Project Cost: $237,200. $117,777. To activate a new public radio University and Miami Dade Community To improve the network originating station on 89.5 MHz, in Las Vegas. College in Florida; and the University of station, WNJT–TV, operating on Ch 52, Station would be a Rocky Mountain Puerto Rico, John Jay College of Criminal Justice and the Ana Mendez in Trenton, NJ, by upgrading two 3⁄4′′ Alternative Station (RMAS) that would format Analog Videotape Editing repeat the signal of KANW–FM, University System in Puerto Rico. systems with two Non-Linear Digital Albuquerque. In addition, local Origination classrooms will also be Systems, and upgrading a 40 unit Video programming would be provided by the constructed at the University of Texas- Cart Playback System in Master Control RMAS station staff. Proposed 100-watt Brownsville in Texas, and Lehman with a Digital Video Server. This station would be located on the campus College in New York State, which originating station provides service of the Luna Vocational-Technical currently have HETS VSAT equipment. state-wide to approximately 7,730,188 Institute and would also be used to File No. 96179 ICTN No. New Mexico potential viewers. instruct students in broadcast skills. Network for Rural Ed, PO Box 640, Station would provide the first local Bernalillo, NM 87004. Signed By: Mr. NM (New Mexico) origination service to about 18,254 Hank Dominguez, President. Funds File No. 96001 CTB Univ. of NM & people in Las Vegas and surrounding Requested: $445,719. Total Project Cost: Albuquerque Schools, 1130 University Miguel County, NM. $891,438. To establish a distance Blvd. NE, Albuquerque, NM 87102. File No. 96163 CTB Eastern New education network serving schools and Signed By: Mrs. Ann Powell, Dir.Rsch.- Mexico University, 15th and Avenue O, colleges in 14 rural counties in Northern Admin. Univ. of NM. Funds Requested: Portales, NM 88130. Signed By: Mr. New Mexico. C-band VSAT satellite $400,000. Total Project Cost: $800,000. Duane Ryan, Director of Broadcasting. uplinks and origination studios will be To improve public television station Funds Requested: $49,230. Total Project placed at Northern New Mexico KNME–TV, Ch. 5, in Albuquerque. Cost: $98,460. To improve the facilities Community College in Espanola and Project will replace three studio of public television station, KENW–TV, New Mexico Highlands University at cameras, a still store, and editing Ch. 3, in Portales, by replacing an Las Vegas, NM. Satellite C-band equipment with new non-linear editing obsolete character generator and test/ downlinks will be placed at 10 sites, 15 equipment. KNME–TV serves about 1.1 monitoring equipment including a sites will receive both a C-band and Ku- million people. waveform/vectorscope, a signal test band downlink, and 18 existing File No. 96007 CTN Mescalero generator and a modulation monitor. downlinks will be upgraded to received Apache Tribe, 101 Central Street, KENW–TV serves about 350,000 compressed digital satellite signals. The Mescalero, NM 88340. Signed By: Mr. residents of eastern NM and west TX. project also includes a mobile VSAT Wendell Chino, President. Funds File No. 96168 CTB Eastern New terminal for program origination Requested: $767,119. Total Project Cost: Mexico University, 15th and Avenue O, throughout the region. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25541

File No. 96248 CRB Southern New File No. 96022 CRB Colleges of the 13220–2400. Signed By: Mr. Richard Mexico Radio Fdn., 1505 Crescent Seneca, Hobart & William, Smith Russell, President & CEO. Funds Drive, Alamogordo, NM 88310. Signed Colleges, Geneva, NY 14456. Signed By: Requested: $73,600. Total Project Cost: By: Mr. Robert Flotte, President. Funds Mr. Richard Guarasci, Dean, Hobart $147,200. To improve WCNY–TV, Ch 24 Requested: $174,039. Total Project Cost: College. Funds Requested: $26,500. and WCNY–FM, 91.3 MHz, in Syracuse, $232,052. To activate a new FM public Total Project Cost: $53,000. To improve NY, by replacing Channel 24’s STL, the radio station on 91.7 MHz, in WEOS–FM, operating on 89.7 MHz,in six-foot microwave transmit antenna Alamogordo to provide first local Geneva, NY, by replacing the Cart and dish, 400 feet of microwave origination to approximately 55,000 Machine, and upgrading the studio transmission line, a six-foot microwave people. Proposed new Rocky Mountain editing system by adding the Non- receive antenna and dish with 200 feet Alternative Station (RMAS) will repeat Linear editing system, the Audio Hard of transmission line at the Pompey the signal of KRWG–FM, Las Cruces, Disc and the Dat Cassette Recorder. The transmitter; by replacing for WCNY–FM and will also have local origination station serves approximately 83,000 the STL, and adding 500 receiving units capability. Studios will be located on listeners. for the applicant’s Radio Reading the Alamogordo Branch campus of New File No. 96039 CRBN WNYC, One Service. The applicant, with its 2 TV Mexico State University. Centre Street, New York, NY 10007. stations and 2 FM stations, serves Signed By: Ms. Laura Walker, President. approximately 1,775,000 people, a TV NV (Nevada) Funds Requested: $6,000. Total Project and Radio in Syracuse and two Radio File No. 96234 CTB Clark County Cost: $12,000. To improve WNYC–FM, stations, one in Utica and one in School District, 4210 Channel 10 Drive, operating on 93.9 MHz, in New York Watertown. Las Vegas, NV 89119. Signed By: Mr. City, by upgrading the master control File No. 96157 CRB WSKG Public T/ Thomas Axtell, General Manager. Funds room control station console due to the C Council, 601 Gates Road, Vestal, NY Requested: $484,100. Total Project Cost: addition of new equipment required for 13850. Signed By: Mr. Michael Ziegler, $818,600. To extend and improve the satellite operations. Applicant serves President & CEO. Funds Requested: services of KLVX–TV, Channel 10 in Las approximately 750,000 potential $123,750. Total Project Cost: $165,000. Vegas by activating 3 new translators to listeners and operates WNYC–AM on To expand the coverage of WSKG–FM, serve approximately 12,000 residents of frequency 820 Khz. operating on 89.3 MHz, in Vestal, NY, File No. 96047 CRTB 95122. WMHT Beatty, Goldfield, Mercury, Nevada Test by activating full power repeater Educational Telecommunications, 17 Site, Oasis Valley, Silver Peak and transmitter in Hornell, NY, which will Fern Avenue, PO Box 17, Schenectady, Tonopah. KLVX–TV will also install a provide first signal to approximately NY 12301. Signed By: Ms. Elizabeth new microwave system and replace 47,975 listeners. Hood, WMHQ Station. Total Requested: File No. 96194 IPTN Niagara County obsolete and worn out origination $330,300. Total Project Cost: $660,600. Community College, 3111 Saunders equipment including the main routing To improve WMHT–TV, CH 17 and Settlement Road, Sanborn, NY 14132. switcher, two production cameras and WMHT–FM, 89.1 MHz, in Albany, NY Signed By: Mr. Gerald Miller, President. test equipment. by replacing the routing systems Funds Requested: $78,292. Total Project NY (New York) interconnecting its television and radio Cost: $127,221. To assess the applicable stations, replacing its Master Control technologies that could potentially be File No. 96009 CRB 95108. State Console, Automation System, and appropriate to address distance learning University of NY, Oswego, 14 Lanigan Monitoring equipment, and by replacing needs in Niagara County, New York and Hall, Oswego, NY 13126. Signed By: Mr. the master control switchers for its two surrounding areas, and develop a William Shigley, Station Manager. Total TV stations, WMHT–TV and WMHQ– telecommunications implementation Requested: $62, 293. Total Project Cost: TV. This project will help to improve plan for distance learning and training $124,586. To improve WRVO–FM, the Public Radio and TV to services. operating on 89.9 MHZ, in Oswego, NY approximately 2,225,550 people in File No. 96203 CTB WSKG Public by replacing an old and wornout eastern New York, western Telecomm Council, 601 Gates Road, transmitter and related equipment. This Massachusetts, Connecticut, and Vestal, NY 13850. Signed By: Mr. station serves approximately 549, 000 Vermont. Michael Ziegler, President & CEO. listeners. This project is a reactivation File No. 96071 ICTN 95064. WXXI Funds Requested: $824,625. Total from last year. Public Broadcasting Council, 280 State Project Cost: $1,099,500. To expand File No. 96012 ICTN Rochester Street, Rochester, NY 14614. Signed By: WSKG–TV, Ch 46, in Vestal, NY, by Institute of Technology, 91 Lomb Mr. Norm Silverstein, President and establishing a full power repeater TV Memorial Drive, Rochester, NY 14623. CEO. Funds Requested: $97,461. Total station in Corning, NY, which will Signed By: Mr. Stanley D. McKenzie, Project Cost: $198,900. To construct a provide first signal to approximately Provost & VP. Funds Requested: Ku-band satellite uplink to permit 250,000 viewers. WSKG–TV now $383,581. Total Project Cost: $558,937. public television station WXXI–TV, operates a TV translator on channel 30 To establish a distance learning network operating on Ch. 21 in Rochester, NY, to at a power of 1 kilowatt in the Elmira, in collaboration with Genessee Valley distribute programming nationwide. New York area. This one kilowatt Board of Cooperative Education The uplink would permit the timely translator is on the same channel as the Services (BOCES) and five area distribution of programming such as full power unused allocation in community colleges located in the ‘‘Assignment: The World’’ after the Corning. The coverage provided by the Rochester-Syracuse-Binghamton area of demise of the New York Terrestrial new Corning allocation will also New York State. The project would Distribution System, which encompass the present coverage of the purchase multi-point, desk-top video interconnected all New York State channel 30 translator, which will reduce conferencing technology and software to public television stations with an uplink the total amount of first service. provide diverse educational services in New York City. and training opportunities to students File No. 96149 CRTB Pub Bdcstg OH (Ohio) who are, for the most part, located in Council of Central NY, 506 Old File No. 96023 CTB Public Bdcstg remote rural sites. Liverpool Rd., Box 2400, Syracuse, NY Fndn of NW Ohio, 136 Huron Street, 25542 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices

Toledo, OH 43604. Signed By: Ms. The station serves a population of $228,412. To install two compressed, Shirley E. Timonere, President & 1,866,000 in central and southern Ohio. interactive video classrooms as well as General Manager. Funds Requested: File No. 96146 CRB Public Bdcstg associated interconnection equipment to $561,060. Total Project Cost: $1,122,120. Fndn of NW Ohio, 136 Huron Street, allow Oklahoma State University/ To improve public station WGTE–TV, Toledo, OH 43604. Signed By: Ms. Technical Branch/Okmulgee to provide Ch. 30, Toledo, OH, by replacing worn- Shirley E. Timonere, President & graduate education to Okmulgee County out and obsolete transmission General Manager. Funds Requested: and, via the OneNet system, to equipment, including the transmitter, $63,265. Total Project Cost: $126,530. disseminate technical education antenna, transmission line, and remote To improve the operation of public programming throughout the State. control system. The station serves a station WGTE–FM, 91.3 MHz, Toledo, File No. 96195 ICTN Oklahoma State population of about 3,583,000. OH, by replacing items of worn-out and University, Stillwater, OK 74078. File No. 96057 CTB Bowling Green obsolete equipment, including its Signed By: Dr. Harry Birdwell, VP for State University, 245 Troup Street, transmitter, master control console, CD Bus. & Ext. Rel. Funds Requested: Bowling Green, OH 43403. Signed By: players, and DAT recorders, and by $130,901. Total Project Cost: $261,802. Dr. Louis I. Katzner, Assoc Vice acquiring a hard-disk audio storage To install a compressed video classroom President, Research. Funds Requested: system and digital audio workstations. and video bridge on the main campus of $130,750. Total Project Cost: $261,500. The station serves a population of Oklahoma State University. The To improve the operation of public 1,101,300. classroom will originate instructional station WBGU–TV, Ch. 27, Bowling File No. 96200 CTB ETV Assn of programming to be transmitted Green, OH, by replacing items of worn- Metropolitan Cleveland, 4300 statewide. The course work will be in out and obsolete production equipment, Brookpark Road, Cleveland, OH 44134– the areas of Health Care Management, including a routing switcher, an editing 1191. Signed By: Mr. Jerry Wareham, Engineering Management, Teacher President/General Manager. Funds system, a lighting control system, and Certification, Educational Specialist, Requested: $405,050. Total Project Cost: lighting fixtures. The station serves a and Telecommunications Management. population of about 1,300,000. $810,100. To improve public television station WVIZ, Ch. 25, Cleveland, OH, by File No. 96211 CRB 95198. University File No. 96114 CRB The Ohio State replacing worn-out and unreliable video of Central Oklahoma, 100 North University, 2400 Olentangy River Road, tape machines with a hard-disk video University Drive, Edmond, OK 73034. Columbus, OH 43210. Signed By: Mr. server and a robotic digital tape storage Signed By: Mr. Carl Reherman, Director Dale K. Ouzts, Dir of Telecomm & Gen system. The station serves a population of Outreach. Funds Requested: Manager. Funds Requested: $219,225. of about 3,700,000. $118,215. Total Project Cost: $157,620. Total Project Cost: $292,300. To extend File No. 96229 CTB Greater Dayton To provide first public radio service to the signal of public station WOSU–FM, Public TV, Inc., 110 South Jefferson over 40,000 residents of Pittsburgh 89.7 MHz, Columbus, OH, by activating Street, Dayton, OH 45402. Signed By: County, KCSC–FM, operating on 90.1 a repeater station on 91.1 MHz in Mr. David M. Fogarty, President and MHz in Edmond, Oklahoma, will Marion, OH. The new station will Gen Manager. Funds Requested: construct a repeater station in provide the first public radio signal to $99,449. Total Project Cost: $198,898. McAlester, operating on 91.9 MHz. about 19,061 persons, and the first To improve the operation of public OR (Oregon) nighttime public radio signal to nearly television station WPTD, Ch. 16, 130,000 persons. WOSU–FM serves a Dayton, OH, by replacing various items File No. 96216 CTB 95097. Oregon population of about 1,574,00. of worn-out, obsolete equipment, Public Broadcasting, 7140 SW Macadam File No. 96128 CRB Ohio University, including a routing switcher, a character Ave, Portland, OR 97219. Signed By: 9 South College Street, Athens, OH generator, and monitors, and by Mr. Maynard Orme, President/CEO. 45701. Signed By: Dr. Carol Blum, acquiring a non-linear tape editing Funds Requested: $158,875. Total Associate Vice President. Funds system and an Emergency Alert System. Project Cost: $317,750. To replace the 30 Requested: $138,298. Total Project Cost: The station serves a population of about year old broadcast antenna, $276,596. To improve the operation of 2,632,738. transmission line and tower of public public station WOUB–FM, 91.3 MHz, television station KOAC–TV, operating Athens, OH, by replacing worn-out and OK (Oklahoma) on Ch. 7 in Corvallis, OR. The project out-dated items of production File No. 96061 CTB Oklahoma will enable the station to continue equipment, including audio consoles, Educational TV Authority, 7403 North service to 220,000 residents of the DAT recorders, CD players, jack panels, Kelley Avenue, Oklahoma City, OK Willamette Valley and coastal distribution amplifiers, an audio editing 73113. Signed By: Mr. Robert Allen, communities in western Oregon. system, microphones, and an audio Executive Director. Funds Requested: PA (Pennsylvania) switcher and by acquiring a hard-disk $350,000. Total Project Cost: $700,000. audio storage system. The station serves To improve the facilities of KOET–TV, File No. 96052 CRB WQED Pittsburgh, a population of about 853,284. Channel 3 in Eufaula, and KWET–TV, 4802 Fifth Avenue, Pittsburgh, PA File No. 96136 CTB The Ohio State Channel 12 in Cheyenne by upgrading 15213. Signed By: Mr. H. Melvin Ming, University, 2400 Olentangy River Road, the transmitters to provide stereo Chief Operating Officer. Funds Columbus, OH 43210. Signed By: Mr. broadcast and SAP services to the Requested: $59,029. Total Project Cost: Dale K. Ouzts, Dir, Telecomm Ctr & Gen community. In addition, the Network’s $118,058. To expand and improve the Mgr. Funds Requested: $257,219. Total production center in Oklahoma City service of public radio station WQED– Project Cost: $514,438. To improve the will replace 17-year-old studio cameras FM, 89.3 MHz, Pittsburgh, PA, to the operation of public station WOSU–TV, and 16-year-old videotape recorders. Johnstown, PA, area by replacing a Ch. 34, Columbus, OH, by replacing File No. 96115 ICTN Oklahoma St. translator with a full-power repeater worn-out and obsolete items of Univ./Technical Branch, 1801 East 4th station. An estimated 168,102 persons production equipment, including video Street, Okmulgee, OK 74447. Signed By: in western Pennsylvania will receive tape machines, camera pedestals, and a Dr. Robert Klabenes, Provost. Funds their first public radio signal from the file server, and items of test equipment. Requested: $114,206. Total Project Cost: proposed new transmitter. Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25543

File No. 96067 CTB Public station WQED–TV, Ch. 13, Pittsburgh, turntable, console furniture, 2 stereo Broadcasting of NW PA, Inc., 8425 PA, by acquiring the necessary record/play cart machines, 4 reel to reel Peach Street, Erie, PA 16509. Signed By: equipment to implement descriptive record machines, 2 multi effects Mr. F. Brady Louis, President and video for an estimated 65,000 sight- processors, 4 studio monitor speakers, 2 General Manager. Funds Requested: impaired persons in the station’s digital work stations, and 4 Dat record/ $54,898. Total Project Cost: $109,797. coverage area, which included play machines. WRTU–FM currently To improve the production capability of approximately 3,250,000 people. serves approximately 2,400,000 public television station WQLN–TV, Ch. File No. 96164 CTB Pennsylvania listeners. 54, Erie, PA, by replacing obsolete and State University, 202 Wagner Building, File No. 96065 CRB University of worn-out cameras. The station serves a University Park, PA 16802–3899. Signed Puerto Rico, Ponce de Leon Ave. & population of about 713,000 persons. By: Mr. Robert Killoren, Director of Pastrana S, Rio Piedras, PR 00931. File No. 96077 CRB West Sponsored Programs. Funds Requested: Signed By: Dr. Efrain Gonzalez-Tejera, Philadelphia Ed Bdcst Corp, Inc, 3901 $28,533. Total Project Cost: $57,066. To Chancellor. Funds Requested: $167,623. Market Street, Philadelphia, PA 19104. improve the service of public television Total Project Cost: $335,246. To provide Signed By: Sis. Atikah Bey, Executive station WPSX, Ch. 3, University Park, first public radio service to Director. Funds Requested: $35,000. PA, by acquiring the necessary approximately 475,000 residents of the Total Project Cost: $70,000. To improve equipment to implement descriptive west coast of Puerto Rico by radio station WPEB, 88.1 MHz, video service for sight-impaired persons constructing a new FM station in Philadelphia, PA, by replacing in the station’s coverage area, which has Mayaguez, operating on 88.3 MHz. unspecified items of studio equipment. a population of about 1,365,627 persons. File No. 96094 CTB Lehigh Valley File No. 96190 CTB Pennsylvania SC (South Carolina) Pub. T/C Corp., 123 Sesame Street, State University, 202 Wagner Building, File No. 96092 CRB 95295. South Bethlehem, PA 18015. Signed By: Mr. University Park, PA 16802–3899. Signed Carolina State University, 300 College James Baum, President & General By: Mr. Robert Killoren, Director of Street, Orangeburg, SC 29117–0001. Manager. Funds Requested: $164,240. Sponsored Programs. Funds Requested: Signed By: Dr. Leroy Davis, Interim Total Project Cost: $328,480. To $60,576. Total Project Cost: $121,152. President. Funds Requested: $123,020. improve the production capability of To improve the production capability of Total Project Cost: $164,030. To public television station WLVT, Ch. 39, public television station WPSX, Ch. 3, improve and upgrade the facilities of Bethlehem, PA, by replacing its worn- University Park, PA, by replacing its non-commercial radio station WSSB, out and obsolete production switcher outmoded and worn-out off-line video 90.3 MHz, Orangeburg, SC, by replacing and acquiring a local insertion server. editing stations with a non-linear analog control room and production The station serves a population of about editing system. The station serves an equipment with digital and by acquiring 4,500,000 persons. area with a population of about a satellite downlink to gain access to File No. 96121 IPTN Philadelphia 1,365,627 persons. nationally distributed public radio Enterprise Center, 4601 Market Street, File No. 96239 ICTN Lancaster Co. programming. The station serves a Suite 4000, Philadelphia, PA 19139. Area Vo-Tech Schools, 1730 Hans Herr population of 114,730. Signed By: Mrs. Della Clark, President. Drive, Willow Street, PA 17584. Signed File No. 96155 ICTN South Carolina Funds Requested: $57,150. Total Project By: Dr. Richard Burley, Executive ETV Commission, 1101 George Rogers Cost: $114,300. To develop a plan for Director. Funds Requested: $318,881. Boulevard, Columbia, SC 29201. Signed the use of appropriate technologies that Total Project Cost: $637,762. To By: Mr. Ronald Schoenherr, Senior Vice would be feasible to establish a purchase the equipment for three President. Funds Requested: $359,296. telecommunications center, Project electronic classrooms and one video Total Project Cost: $718,592. To M.A.N. (Minority Alliance Network) production studio—as well as the construct a locally-programmed, four- that would provide a distance learning associated mixing routing, and channel ITFS distance learning system and training service to an underserved, switching equipment—all to be part of to serve Williamsburg County, in low-income, minority population in a private, fiber optics-based distance eastern South Carolina. The system will Philadelphia, Pennsylvania. learning system in Lancaster and primarily serve the educational needs of File No. 96145 CRB Pennsylvania Lebanon Counties in south central the elementary, middle, secondary, and State University, 202 Wagner Building, Pennsylvania. The system will vocational schools in the county, a total University Park, PA 16802–3899. Signed interconnect 22 school districts, four of 15 schools and over 7,000 students. By: Mr. Robert Killoren, Director of area vocational schools, one The system, however, will also offer Sponsored Programs. Funds Requested: intermediate unit, four colleges, the adult education courses to benefit the $30,447. Total Project Cost: $60,895. To public library system, a local hospital, entire population of the county. The improve the operation of public radio and area businesses/industries. proposed system will be part of the station WPSU, 91.5 MHz, University South Carolina Educational Television Park, PA, by acquiring equipment PR (Puerto Rico) Commission’s expanding statewide necessary to permit unattended File No. 96038 CRB University of telecommunications network. overnight operation. The project will Puerto Rico, Ponce de Leon Ave. & File No. 96245 ICTN Horry- also acquire the Emergency Alert Pastrana St, Rio Piedras, PR 00931. Georgetown Technical College, P.O. Box System equipment necessary to replace Signed By: Dr. Efrain Gonzalez-Tejera, 1966, Conway, SC 29526. Signed By: Dr. the old Emergency Broadcast System, as Chancellor. Funds Requested: $56,849. D. Kent Sharples, President. Funds required by the FCC. WPSU serves a Total Project Cost: $113,698. To Requested: $85,600. Total Project Cost: population of about 366,196 persons. improve WRTU–FM, operating on 89.7 $269,855. To assist Horry-Georgetown File No. 96156 CTB WQED Pittsburgh, MHz, Rio Piedras, PR, by upgrading and Technical College in interconnecting its 4802 Fifth Avenue, Pittsburgh, PA replacing production equipment for 2 of three campuses with a T–1-based 15213. Signed By: Mr. George Miles, Jr., its 3 studios. The items include two distance learning system. The project President & CEO. Funds Requested: stereo consoles, 22 stereo line inputs, 4 would purchase the basic multi-point $30,912. Total Project Cost: $61,913. To cardioid microphones, stereo cassette interconnection equipment for the improve the service of public television deck, 4 CD cart machines, direct drive College’s whole system and a video 25544 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices classroom for the Myrtle Beach campus. strategically-located sites in each of File No. 96099 CTB North Texas The College’s other two campuses are in those counties. It is hoped that the Public Broadcasting Inc, 3000 Harry Conway—the main campus—and in project would eventually serve residents Hines Blvd., Dallas, TX 75201. Signed Georgetown. The equipment would help of Hamilton, Bledsoe, Sequatchie, and By: Mr. Donald Boswell, Acting the College participate in the South Grundy Counties as well. The project President. Funds Requested: $25,000. Carolina Technical College Distance would be accomplished as a partnership Total Project Cost: $54,000. To improve Learning Network, which will permit with The Southeast Tennessee Private the facilities of KERA–TV, Ch. 13, the exchange of course work among the Industry Council, an employment and Dallas and KDTN–TV, Ch. 2, Denton, by 16 technical colleges statewide. training agency established to deliver replacing an 11-year old master control education and job training to a six- SD (South Dakota) still store. This piece of equipment is county area of southeast Tennessee. The essential to both stations since they File No. 96119 CRB Dakota Nation project’s distance learning classrooms share origination facilities, personnel Broadcasting Corp., BIA, Rd. 7 would be part of the Council’s planned and studios. The stations provide Tekakwitha Complex, Sisseton, SD One-Stop Career Centers in Rhea and service to approximately 4.6 million 57262. Signed By: Mr. Mike LaBelle, Marion Counties. people. Station Manager. Funds Requested: File No. 96197 CTB East Tennessee File No. 96108 CTB Central Texas $42,788. Total Project Cost: $61,725. To Pub. Comm. Corp., 1611 E. Magnolia College, 6200 W. Central Texas upgrade and improve the broadcast Avenue, Knoxville, TN 37917. Signed Expressway, Killeen, TX 76542. Signed operations of KSWS–FM, 89.3 MHz in By: Mr. Richard Meschendorf, Chair- By: Dr. James Anderson, Chancellor. Sesseton, South Dakota, by replacing the Board of Trustees. Funds Requested: Funds Requested: $27,000. Total Project worn-out and obsolete transmitter, $190,302. Total Project Cost: $380,604. Cost: $54,000. To improve public constructing a new 197 ft. tower in a To upgrade the facilities of WSJK–TV in television station KNCT–TV, Ch. 46, in new location and purchasing audio Sneedville and WKOP–TV in Knoxville Killeen by replacing aging industrial storage equipment. by replacing obsolete Master Control grade on-air U-Matic videotape TN (Tennessee) equipment and adding other non- machines with a digital hard-disk existent equipment to meet current File No. 96049 CTB 95069. Mid-South storage retrieval system. KNCT–TV broadcast standards. serves approximately 460,000 people. Public Com. Foundation, 900 Getwell File No. 96227 CRB University of Street, Memphis, TN 38111–1880. Tennessee, 615 McCallie Avenue, File No. 96133 CTB Alamo Public T/ Signed By: Mr. Michael LaBonia, Chattanooga, TN 37403. Signed By: Dr. C Council, 501 Broadway, San Antonio, President & CEO. Funds Requested: Frederick Obear, Chancellor. Funds TX 78215. Signed By: Ms. Joanne Winik, $83,100. Total Project Cost: $166,200. Requested: $36,759. Total Project Cost: President & General Manager. Funds To upgrade the facilities of WKNO–TV, $73,519. To improve broadcast Requested: $82,526. Total Project Cost: Channel 12 in Memphis, by replacing operations and ensure dependable $165,052. To improve public television worn-out and out-dated 3/4 inch video coverage, WUTC–FM, operating on 88.1 station KLRN–TV, Ch. 9, in San Antonio tape machines used daily in production, MHz in Chattanooga, will relocate its by acquiring off-line editing facilities, editing and on-air operations. antenna and replace the transmitter. multi-channel digital audio recording File No. 96084 CTB Metropolitan and editing capability. KLRN–TV would Board of Public Educ, 161 Rains TX (Texas) also replace two 10-year-old, worn out 3 ′′ Avenue, Nashville, TN 37203. Signed File No. 96017 CTB El Paso Public TV ⁄4 videocassette recorders. Market is By: Dr. Richard Benjamin, Director of Foundation, Education Bldg. Room 55.6% Hispanic. New equipment will Schools. Funds Requested: $200,000. #105, El Paso, TX 79902. Signed By: Mr. facilitate second language versions of Total Project Cost: $533,200. To upgrade Robert Munoz, President & General programming. KLRN–TV serves the facilities of WDCN–TV, Channel 8 in Manager. Funds Requested: $412,275. approximately 2 million people by over- Nashville, by replacing 20-year old field Total Project Cost: $549,701. To the-air broadcasts and cable. cameras, monitoring and related improve the facilities of public File No. 96165 ICTN Texas State equipment. television station KCOS–TV, Ch. 13, in Technical College, 300 College Drive, File No. 96120 CRB Cossitt Library, El Paso, by replacing its old 18-year old Sweetwater, TX 79556. Signed By: Dr. 1850 Peabody Avenue, Memphis, TN RCA transmitter and related equipment. Clay Johnson, President. Funds 38104. Signed By: Ms. Judith Drescher, The replacement equipment will permit Requested: $125,751. Total Project Cost: Director of Libraries. Funds Requested: KCOS–TV to broadcast in stereo and $251,502. To assist in the establishment $231,361. Total Project Cost: $308,481. have SAP capabilities. KCOS–TV serves of a distance learning network To extend the signal of WYPL–FM, approximately 650,000 people, 65% of interconnecting the main campus of the operating on 89.3 MHz in Memphis, to which are Hispanic. Texas State Technical College at provide Radio Reading Services to an File No. 96059 CTB University of Sweetwater with its three extension additional population of approximately Houston, 1600 Smith Street, Suite 3400, campuses at Abilene, Breckenridge, and 600,000 residents of Tennessee and Houston, TX 77004. Signed By: Mr. Brownwood. The project would equip a surrounding communities in James Crowther, General Counsel. sophisticated lecture video classroom at neighboring states. Funds Requested: $333,954. Total the main campus; this classroom would File No. 96170 ICTN The University Project Cost: $742,120. To improve have complementary tape production of Tennessee, 615 McCallie Ave., public television station KUHT–TV, Ch. and editing capabilities. The project Chattanooga, TN 37403. Signed By: Dr. 8, in Houston, by replacing its aging and would also install video classrooms at Frederick Obear, Chancellor. Funds outdated on-air routing switcher and on- the three extension campuses. The Requested: $96,537. Total Project Cost: air videotape machines with digital system will use V–Tel equipment to $193,074. To extend the compressed equipment. In addition, KUHT–TV will allow the College’s network to video distance learning systems of the acquire test equipment to allow it to interconnect with the V–Tel-based University of Tennessee/Chattanooga to maintain its digital broadcast Texas VIDNET system and the network Marion and Rhea Counties by equipment. KUHT–TV serves of the Southwest Center for Advanced constructing video classrooms in approximately 4.2 million people. Technological Education (SCATE). The Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25545

College’s system will use T–1 telephone Co.; K62BR, Virgin/Hurricane Mesa; 228, Norfolk, VA 23529–0526. Signed interconnection. K47AK Rural Washington Co.; K42AJ By: Dr. Robert Ash, Vice President/ File No. 96184 CTB Capital of Texas Richfield/Monroe; K60BU, Orangeville/ Research. Funds Requested: $867,138. Public T/C Council, 2504–B Whitis Rural Emery Co. Project also includes a Total Project Cost: $1,734,277. To Street, Austin, TX 78705. Signed By: microwave tv relay system connecting purchase varied equipment that would Mr. Bill Arhos, President. Funds Ford Ridge to Tabby Mountain and the allow Old Dominion University to Requested: $89,034. Total Project Cost: replacement of an aging video tape expand its distance learning service to $178,068. To improve public television recorder for KUED–TV. Project would the hearing-impaired. The project would station KLRU–TV, Ch. 18, in Austin by permit approximately 21,300 people to also obtain electronic field production acquiring a Local Insertion System (LIS) receive a first or improved public equipment and state-of-the-art editing and the accompanying digital audio and television signal. equipment so that the University might videotape support systems. The LIS will File No. 96213 ICTN Utah State incorporate pre-produced on-location eliminate the need to create a daily dub University, Eccles Conference Ctr., Rm. programming segments into televised reel in order to make quality station 102C, Logan, UT 84322–5035. Signed courses. In addition, other equipment breaks. This process will permit a more By: Mr. M. K. Jeppesen, Director, purchased by the project would permit efficient use of station equipment and Contracts & Grants. Funds Requested: the University’s faculty to use voice, personnel. KLRU–TV serves in excess of $608,345. Total Project Cost: $1,240,848. data, and video programming in their 1 million people and is a producer of To establish a video compression-based on-campus courses. nationally distributed programming. distance learning network that will File No. 96097 PRB Clinch Valley File No. 96209 ICTN INFO–NET, PO interconnect 47 sites of the Utah State College, 1 College Avenue, Wise, VA Box 838, Star, TX 76880. Signed By: Mr. University system. The network will 24293. Signed By: Dr. L. Jay Lemons, James Ethridge, Superintendent. Funds feature ten origination sites. It will use Chancellor. Funds Requested: $10,430. Requested: $394,330. Total Project Cost: full-motion video with extension Total Project Cost: $26,865. To conduct $569,330. To extend the INFO–NET computer networking. planning activities for the establishment distance learning system to four of a local public radio station that will VA (Virginia) additional schools districts in central serve the programming needs of Texas. The new INFO–NET members File No. 96015 CRB James Madison approximately 35,000 residents of the would be the Evant, Lometa, Richland University, PO Box 1292, Harrisonburg, City of Norton, Virginia, and of rural Springs, and San Saba Independent VA 22801. Signed By: Mr. Henry communities in Wise, Russell, Scott and School Districts. The INFO–NET system Schiefer, Assistant VP for Finance. Dickenson Counties. currently consists of eight rural Central Funds Requested: $10,400. Total Project File No. 96100 PTB Greater Texas schools districts: Brady, Cost: $20,800. To upgrade the Washington Educ. T/C Assoc., 3620 Cherokee, Goldthwaite, Lohn, Mullin, production facilities of WMRA–FM, South 27th Street, Arlington, VA 22206. Priddy, Rochelle, and Star. With the operating on 90.7 MHz in Harrisonburg, Signed By: Mr. Joseph Widoff, Sr. V.P., additional districts, the INFO–NET Virginia, by establishing a digital editing Operations & Admin. Funds Requested: systems would serve the following studio. $275,065. Total Project Cost: $550,130. counties: McCulloch, Mills, San Saba, File No. 96035 ICTN Southside VA To help public television station WETA Coryell, Hamilton, and Lampasas. Community College, 109 Campus Drive, plan for the development of the first Alberta, VA 23821. Signed By: Dr. John fully digital Advanced Television (ATV) UT (Utah) Cavan, President. Funds Requested: site in the United States. The project File No. 96011 CRB Utah State $200,000. Total Project Cost: $300,000. would prepare an HDTV/ATV University, 745 N 1200 E, Logan, UT To purchase the equipment for a hub implementation model to assist both 84322. Signed By: Mr. M.K. Jeppesen, site, with associated connectivity public and commercial television Director, Contracts & Grants. Funds equipment, that will allow the broadcasters in making the transition to Requested: $14,160. Total Project Cost: Southside Virginia Telecommunications ATV. WETA-TV operates on Ch. 26 $18,880. To extend the signal of public Network to extend its distance learning throughout the greater Washington, D.C. radio station KUSU–FM, 91.5 MHz, in systems to eight public high schools, area. Logan by establishing three FM one community college, and one four- File No. 96126 ICTB Hampton translators at the following locations: year senior institution. The system will University, 607 Orchard Road, Huntington (Green River/Rural Emery feature an integrated voice, video, and Hampton, VA 23668. Signed By: Dr. County), on 90.9 MHz; Panquitch, on data network. William Harvey, President. Funds 88.7 MHz; and Price, on 91.5 MHz. The File No. 96042 IPRTN Public Service Requested: $1,116,496. Total Project translators will provide a first public T/C Corporation, 5203 Leesburg Pike, Cost: $1,488,663. To construct a radio service to about 2,400 people and Falls Church, VA 22041. Signed By: Dr. noncommercial educational television will strengthen and improve the signal Louis Bransford, Chief Executive station on the campus of Hampton to others. Officer. Funds Requested: $95,660. University to operate on Ch. 55. The File No. 96183 CTB University of Total Project Cost: $95,660. To explore objective of the new station would be to Utah, Media Svcs, 101 Wasatch, Rm and determine the available time and broadcast telecourses to the 193, Salt Lake City, UT 84112. Signed potential capacity that may exist at communities of Hampton, Norfolk, By: Mr. Ted Capener, VP for University satellite uplink facilities in the Virginia Beach, Portsmouth, Relations. Funds Requested: $148,424. Washington, D.C. area and possibly Chesapeake, Suffolk, Newport News, Total Project Cost: $260,352. To other areas in the United States, so that Williamsburg, Yorktown and the lower improve and extend the signals of national educational organizations and eastern shore of Virginia. KUED–TV, Ch. 7, Salt Lake City and associations may be able to consider File No. 96169 ICTN Amer. Indian KULC–TV, Ch. 9, in Ogden, by replacing more cost-effective and efficient ways of Higher Ed Consortium, 121 Oronoco the following 8 television translators: sharing these resources for distance Street, Alexandria, VA 22314. Signed K38CJ, Teasdale/Bicknell; K30CW, learning and training services. By: Ms. Margarette Perez, President, Maryvale/Piute Co.; K40AH, Torrey/ File No. 96085 ICTN Old Dominion AIHEC. Funds Requested: $300,000. Teasdale; K63BY, Milford/Rural Beaver University, Education Building, Room Total Project Cost: $400,000. To 25546 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices establish satellite distance learning File No. 96102 CTN City of Tacoma, Prospect Street, Rhinelander, WI 54501. facilities at four additional tribal 747 Market Street, Tacoma, WA 98402. Signed By: Mr. Robert Fiocchi, colleges which are members of the Signed By: Mr. Ray E. Corpuz, Jr., City President. Funds Requested: $14,719. American Indian Higher Education Manager. Funds Requested: $308,822. Total Project Cost: $29,437. To improve Consortium. VSAT terminals and Total Project Cost: $411,763. To WXPR–FM, operating on 91.MHz, in instructional classrooms will be placed purchase the equipment for a remote Rhinelander, WI, by adding 4 tape at Cheyenne River Community College, video production studio, to be placed in recorders, 2 cart emulators, 4 SCSI Eable Butte, SD, College of the a van, that would improve the audio drives, the main CPU, the system Menominee Nation, Keshena, WI, Fort capabilities of the City of Takoma, WA, peripheral interface, and the Radio Berthold Community College, New to provide coverage of significant Systems DDS. WXPR–FM currently Town, ND and United Tribes Technical community events for transmission over serves approximately 66,000 listeners. College, Bismarch, ND. the City’s government access cable File No. 96054 CTB State of television channel. Wisconsin, 3319 West Beltline VT (Vermont) File No. 96116 CRB Washington State Highway, Madison, WI 53713–4296. File No. 96148 ICTN 95257. The University, Administration Road, Signed By: Mr. Thomas L. Fletemeyer, University of Vermont, 322 South Pullman, WA 99164–2530. Signed By: Executive Director. Funds Requested: Prospect Street, Burlington, VT 05401– Ms. Carol Zuiches, Dir., Off of Grant & $421,020. Total Project Cost: $935,600. 3505. Signed By: Ms. Regina White, Rsch Dev. Funds Requested: $233,149. The originating and distribution station Director, Sponsored Programs. Funds Total Project Cost: $310,866. To bring of the Wisconsin 6 station TV network, Requested: $558,074. Total Project Cost: public radio service to approximately WHA–TV, operating on channel 21, is $1,116,147. To provide a Ku-band 120,000 rural residents of western and requesting replacement of the worn-out, satellite uplink, master control and north central Washington State plus obsolete master control equipment. This classroom production equipment for the about 180,000 residents of southern will replace two electromechanical University of Vermont. The project will British Columbia, WSU will activate program origination devices with an all- provide for the satellite distribution of repeater stations in Omak (90.1 MHz.), electronic multichannel video library advanced placement and college degree Chehalis (88.9 MHz.) and Port Angeles system incorporating file servers and programs to sites throughout the state. (90.1 MHz). videotape machines. The network File No. 96153 CTB KCTS Television, provides full service for approximately WA (Washington) 401 Mercer Street, Seattle, WA 98109. 5,160,000 viewers. File No. 96026 CTB Bates Technical Signed By: Mr. Burnill Clark, President File No. 96064 IPTN Cooperative College, 1101 S Yakima Avenue, & CEO. Funds Requested: $507,905. Educ. Service Agency 7, 595 Baeten Rd, Green Bay, WI 54304. Signed By: Dr. Tacoma, WA 98405. Signed By: Mr. Total Project Cost: $677,207. To provide James Coles, Administrator. Funds William Mohler, President. Funds first public television service to over Requested: $154,849. Total Project Cost: Requested: $437,829. Total Project Cost: 237,000 residents of northwest $520,238. To design an interactive $583,773. To provide first public Washington, KCTS–TV, Channel 9 in regional telecommunications network television programming services to Seattle, will construct a repeater station for distance learning and training, approximately 175,000 residents of the in Bellingham, Washington, operating through the North and East Wisconsin north Puget Sound region of on Channel 34. File No. 96204 CTB KCTS Television, Alliance for Distance Education Washington State, KBTC–TV, Channel 401 Mercer Street, Seattle, WA 98109. (NEWADE) which includes four 28 in Tacoma, will activate a repeater Signed By: Mr. Burnill Clark, President technical colleges, two University of station (Ch. 34) with a transmitter to be & CEO. Funds Requested: $193,571. Wisconsin system colleges, a museum, located on Mt. Constitution in Orcas Total Project Cost: $297,802. To environmental center, library system, Island. improve and upgrade the broadcast and 27 K–12 school districts in the File No. 96040 CRB 95290. Spokane facilities of KYVE–TV, Channel 47 in Cooperative Educational Service Agency Public Radio, 2319 N. Monroe Street, Yakima, Washington, by replacing the 7 in a seven-county area surrounding Spokane, WA 99205. Signed By: Mr. antenna, which was damaged by Green Bay, Wisconsin. Richard Kunkel, General Manager. lightning, and adding stereo processing, File No. 96072 ICTN Western Funds Requested: $18,480. Total Project transmission and monitoring Wisconsin Technical College, 304 North Cost: $24,640. To provide first public equipment. Sixth Street, La Crosse, WI 54602–0908. radio service to about 9,100 residents of File No. 96247 ICTB Northwest Indian Signed By: Dr. Lee Rasch, President. Boundary County, Idaho, KPBX–FM, College, 2522 Kwina Road, Bellingham, Funds Requested: $31,750. Total Project operating on 91.1 MHz in Spokane, WA 98226. Signed By: Dr. Robert Cost: $63,500. To construct a video Washington, will activate a repeater Lorence, President. Funds Requested: conferencing system that will extend station in Bonners Ferry, ID, operating $210,726. Total Project Cost: $280,968. nursing educational and instructional on 92.1 MHz. To purchase 12 satellite downlink programming to the Western Wisconsin File No. 96101 CRB Spokane Public terminals which will extend the Technical College campuses in Radio, 2319 N. Monroe Street, Spokane, applicant’s distance learning offerings to Independence, Black River Falls, WA 99205. Signed By: Mr. Richard additional sites in Washington State, Mauston, and Viroqua. Kunkel, General Manager. Funds Oregon and Alaska. Northwest Indian File No. 96103 IPTN Project Bootstrap Requested: $115,710. Total Project Cost: College currently provides service to 4 Inc., 210 South Brooks Street, Madison, $154,280. To improve and upgrade its tribal communities via satellite and WI 53715–1562. Signed By: Mrs. Joanne broadcast facilities, KPBX–FM, participates in the American Indian Griffin, Executive Director. Funds operating on 91.1 MHz in Spokane, Higher Education Consortium’s satellite Requested: $10,475. Total Project Cost: Washington, by replacing worn-out and distance learning project. $17,915. To plan for methods of unreliable equipment, including a 16- enabling At-Risk high school and year-old transmitter, a 7-year-old STL WI (Wisconsin) middle school students in system, two main control boards and a File No. 96005 CRB White Pine disadvantaged areas of Dane County and DAT machine. Community Bdcstg, Inc, 303 W. particularly Madison, Wisconsin, Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Notices 25547 participate in distance learning Requested: $85,000. Total Project Cost: on 91.9 MHz., and all necessary satellite opportunities through the use of various $170,000. To improve one of the 7 equipment. technologies in an interconnected Wisconsin Public Television Network File No. 96191 PRB U.N.I.T.Y. classroom system. stations, WPNE, Ch 38 in Green Bay, by Communications, Inc., 1560 Jackson St., File No. 96150 CRB Back Porch Radio replacing 3 digital VTRs, an Editing P.O. Box 5605, Charleston, WV 25361. Brdcstg, Inc., 118 South Bedford Street, Controller and 3 Waveform Monitors. Signed By: Mr. Charles Blackmon, Madison, WI 53703. Signed By: Mr. WPNE–TV serves approximately President. Funds Requested: $989,789. Terry O’Laughlin, President, Board of 488,000 viewers in its coverage area. Total Project Cost: $989,789. To conduct a needs assessment and to develop a Directors. Funds Requested: $21,000. WV (West Virginia) Total Project Cost: $42,687. To improve plan for the establishment of a public WORT–FM, operating on 89.9 MHz, in File No. 96055 CRB WV Educational radio station that will serve the Afro- Madison, WI, by replacing the Brdstg Authority, 600 Capitol Street, American community of Charleston, transmitter and accessories and adding Charleston, WV 25301. Signed By: Ms. West Virginia, by providing educational a dial-up remote control unit. The 16 Rita Ray, Executive Director. Funds programming and training facilities in year old transmitter is in constant need Requested: $7,499. Total Project Cost: the field of radio broadcasting. of repair. The station provides service to $9,999. To provide first public radio Bernadette McGuire-Rivera, approximately 390,000 listeners. service to about 17,000 people in the Associate Administrator, Office of File No. 96199 CTB University of rural communities of Logan and Telecommunications and Information Wisconsin, 2420 Nicolet Drive, Green Bluefield, WVPN–FM, operating on 88.5 Applications. Bay, WI 54311. Signed By: Ms. Cheryl MHz in Charleston, West Virginia, will [FR Doc. 96–12792 Filed 5–20–96; 8:45 am] Gest, Administrative Officer. Funds install a translator in Logan, operating BILLING CODE 3510±60±P i

Reader Aids Federal Register Vol. 61, No. 99 Tuesday, May 21, 1996

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 Public inspection announcement line 523±5215 the revision date of each title. 1845...... 21361 Laws 3 CFR 1903...... 21361 Public Laws Update Services (numbers, dates, etc.) 523±6641 Proclamations: 1945...... 21361 For additional information 523±5227 6889...... 19503 1980...... 21361 6890...... 19803 Presidential Documents 2054...... 21361 6891...... 20419 3403...... 25366 Executive orders and proclamations 523±5227 6892...... 21045 Proposed Rules: The United States Government Manual 523±5227 6893...... 21047 51...... 24247 6894...... 24661 Other Services 911...... 20754 6895...... 24663 924...... 20756 Electronic and on-line services (voice) 523±4534 6896...... 25129 Privacy Act Compilation 523±3187 944...... 20754, 20756 Executive Orders: 958...... 20188 TDD for the hearing impaired 523±5229 11216 (See EO 1005...... 19861 13002) ...... 24665 1007...... 19861 ELECTRONIC BULLETIN BOARD 13001...... 21943 1011...... 19861 13002...... 24665 1046...... 19861 Free Electronic Bulletin Board service for Public Law numbers, 13003...... 25131 1160...... 20759 Federal Register finding aids, and list of documents on public Administrative Orders: 202±275±0920 inspection. Memorandums: 8 CFR FAX-ON-DEMAND April 26, 1996 ...... 19505 3 ...... 19976, 21065, 21228 April 26, 1996 ...... 24667 242 ...... 19976, 21065, 21228 You may access our Fax-On-Demand service. You only need a fax April 26, 1996 ...... 24877 machine and there is no charge for the service except for long April 28, 1996 ...... 19507 9 CFR distance telephone charges the user may incur. The list of documents on public inspection and the daily Federal Register’s 4 CFR 50...... 25135 table of contents are available using this service. The document 77...... 25135 Proposed Rules: 78...... 19976 numbers are 7050-Public Inspection list and 7051-Table of 21...... 19205 Contents list. The public inspection list will be updated 130...... 20421, 25513 immediately for documents filed on an emergency basis. 5 CFR Proposed Rules: 92 ...... 20189, 20190, 21389 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON Ch. LXIX ...... 20117 93...... 20190 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 300...... 19509 94...... 20190 public inspection may be viewed and copied in our office located 410...... 21947 95...... 20190 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 532...... 20701 96...... 20190 telephone number is: 301±713±6905 831...... 21953 98...... 20190 842...... 21953 301...... 19564 FEDERAL REGISTER PAGES AND DATES, MAY 7 CFR 304...... 19578 308...... 19578 19155±19502...... 1 28...... 19511 51...... 20702 317...... 19564, 19578 19503±19804...... 2 318...... 19564, 19578 19805±20116...... 3 53...... 19155 54...... 19155 319...... 19578 20117±20418...... 6 272...... 19155 320...... 19564 20419±20700...... 7 273...... 19155 381...... 19564, 19578 20701±21046...... 8 301...... 20877 10 CFR 21047±21360...... 9 319...... 24433 21361±21946...... 10 800...... 24669 20...... 24669 21947±24204...... 13 810...... 24669 30...... 24669 24205±24432...... 14 900...... 20717 40...... 24669 61...... 24669 24433±24664...... 15 915...... 19512 70...... 24669 24665±24874...... 16 916...... 19160 72...... 24669 24875±25134...... 17 917...... 19160 Proposed Rules: 25135±25388...... 20 946...... 20119 956...... 20121 26...... 21105, 24731 25389±25548...... 21 959...... 24877 72...... 24249 979...... 20718 985...... 20122 11 CFR 1002...... 20719 110...... 24533 1004...... 20719 1007...... 20124 12 CFR 1280 ...... 19514, 21049, 21053 5...... 19524 1485...... 24205 19...... 20330 1841...... 21361 20...... 19524 1843...... 21361 25...... 21362 ii Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Reader Aids

28...... 19524 1210...... 20503 600...... 24227 4...... 20721 205...... 19662, 19678 601...... 24227 7...... 20721 211...... 24439 17 CFR 740...... 20096 16...... 20721 220...... 20386 1...... 19177, 19830 801...... 20096 19...... 20721 228...... 21362 3...... 20127 Proposed Rules: 20...... 20721 229...... 25389 5...... 19830 Ch. 1 ...... 21392 21...... 20721 250...... 19805 10...... 21954 25...... 19476 22...... 20721 263...... 20338 31...... 19830 101...... 25421 24...... 20721, 21076 308...... 20344 140...... 21954 102...... 19220 25...... 20721 345...... 21362 200...... 20721, 25652 130...... 19220 53...... 20721 509...... 20350 228...... 25652 131...... 19220 55...... 20721 563e...... 21362 229...... 25652 133...... 19220 71...... 20721 614...... 20125 230...... 21356, 25652 135...... 19220 170...... 20721 Proposed Rules: 231...... 24644 136...... 19220 178...... 20721 207...... 20399 232...... 25652 137...... 19220 179...... 20721 215...... 19863 239...... 25652 139...... 19220 194...... 20721 220...... 20399 240...... 21354, 25652 145...... 19220 197...... 20721 221...... 20399 241...... 24644 146...... 19220 200...... 20721 614...... 24907 249...... 21354 150...... 19220 250...... 20721 251...... 20721 13 CFR 270...... 25652 152...... 19220 271...... 24644 155...... 19220 252...... 20721 Proposed Rules: 274...... 25652 156...... 19220 270...... 20721 121...... 20191 276...... 24644 158...... 19220 275...... 20721 285...... 20721 14 CFR Proposed Rules: 160...... 19220 290...... 20721 1...... 19869 161...... 19220 21...... 20696 296...... 20721 25...... 24208, 24213 156...... 19869 163...... 19220 27...... 21904 164...... 19220 28 CFR 18 CFR 165...... 19220 29...... 21894, 21904 58...... 24889 31...... 20877 35...... 21940 166...... 19220 168...... 19220 501...... 25120 39 ...... 19540, 19807, 19808, 37...... 21737 550...... 25120 385...... 21940 169...... 19220 19809, 19811, 19813, 19815, Proposed Rules: 20125, 20127, 20616, 20636, 1300...... 20117 210...... 20104 211...... 20104 90...... 24526 20638, 20639, 20641, 20643, Proposed Rules: 100...... 21396 20644, 20646, 20668, 20669, 35...... 21847 328...... 21392 20671, 20672, 20674, 20676, 161...... 19211 530...... 25118 29 CFR 589...... 24253 20677, 20679, 20681, 20682, 250...... 19211 1...... 19982 21066, 21068, 21070, 21071, 284...... 19211, 19832 22 CFR 2...... 19982 24206, 24214, 24216, 24218, 346...... 19878 4...... 19982 126...... 19841 24220, 24675, 24684, 24686, 5...... 19982 19 CFR 514...... 20437 24688, 24690, 24691, 24878, 6...... 19982 24881, 24883, 24884 10...... 19834, 24887 7...... 19982 43...... 19498 24 CFR 12...... 24888 8...... 19982 71 ...... 19541, 19542, 19816, 103...... 19835 0...... 19187 22...... 19982 19817, 21364, 21365, 21953, 145...... 24888 201...... 19788 24...... 19982 24222, 24223 161...... 24888 290...... 19188 32...... 19982 73...... 20127 Proposed Rules: 585...... 25124 91...... 24430 96...... 19982 101...... 19834 941...... 19708 97 ...... 25138. 25139, 25141 500...... 24694 970...... 19708 504...... 19982 159...... 19784 20 CFR Proposed Rules: 205...... 19164 507...... 19982 200...... 25390 206...... 21910 508...... 19982 323...... 19164 888...... 20982 385...... 19166 345...... 20070 530...... 19982 601...... 19982 901...... 20358 1601...... 21370 Proposed Rules: 3500...... 21394 29...... 20760 617...... 19982 1910...... 19547, 21228 1978...... 19982 39 ...... 20192, 20194, 20762, 626...... 19982 25 CFR 20764, 21146, 21979, 21980, 658...... 19982 2619 ...... 21228, 24444, 25513 Proposed Rules: 21982, 24250, 25417, 25418 702...... 19982 2627...... 24694 144...... 24731 71 ...... 19590, 19591, 19592, 2676...... 24444 21 CFR 250...... 19600 19593, 21910, 21984, 24533, Proposed Rules: 525...... 21394 25157 2...... 25390 Ch. XIV ...... 20768 4...... 19770 91...... 24582 5...... 24223 26 CFR 121 ...... 21149, 24582, 24533 101...... 20096, 21074 102...... 25158 127...... 24582 173...... 25392 1 ...... 19188, 19189, 19544, 30 CFR 135...... 24582 201...... 20096 19546, 21366, 21955 158...... 25420 310...... 25142 301...... 19189 75...... 20877 341...... 25142 602...... 19189 250...... 25147 15 CFR 369...... 20096 Proposed Rules: Proposed Rules: 902...... 19171, 21926 500...... 19542 1 ...... 20503, 20766, 20767, Ch. II...... 21977, 25160 981...... 21073 501...... 20096 21985, 21988 202...... 25421 Proposed Rules: 510...... 21075, 24440 31...... 20767 206...... 25421 946...... 19594 520...... 24441, 24443 32...... 20767 211...... 25421 522...... 21075, 24440 35a...... 20767 256...... 24466 16 CFR 556...... 24440, 24441 301...... 20503, 21989 901...... 20768 1500...... 19818 558 ...... 21075, 24443, 24694 902...... 20768 Proposed Rules: 582...... 19542 27 CFR 904...... 19881, 20768 254...... 19869 589...... 19542 1...... 20721 913...... 20768 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Reader Aids iii

914...... 20768 24706, 24709, 24712 45 CFR 2...... 19236 55...... 25149 915...... 20768 Proposed Rules: 15...... 24473, 24749 110...... 25149 916...... 20768 1311...... 24467 21...... 19236 917...... 20768 117...... 25149 22...... 24470 918...... 20768 60...... 20734, 21080 46 CFR 24...... 24470 63...... 21370, 25397 920...... 20768 Ch. I ...... 24464 64...... 25184 70 ...... 20150, 24457, 24715 934...... 25425 10...... 19858 73 ...... 19601, 20206, 20207, 80...... 20736 936...... 25426 15...... 19858 20505, 20789, 21425, 24262, 81 ...... 20458, 21372, 24239, 946...... 19885 30...... 25272 24263, 25183 24242 950...... 20773 31...... 25272 80...... 21151 89...... 20738 32...... 25272 90...... 25185 31 CFR 90...... 20738 33...... 25272 94...... 19236 123...... 20972 12...... 25396 35...... 25272 131...... 20686 48 CFR 361...... 20437 70...... 25272 585...... 24696 141...... 24354 Ch. 1 ...... 24263 167...... 25151 71...... 25272 Proposed Rules: 75...... 25272 209...... 25408 180 ...... 19842, 19845, 19847, 231...... 21973 356...... 25164 19849, 19850, 19852, 19854, 77...... 25272 78...... 25272 242...... 25409 19855, 20742, 20743, 20745, 33 CFR 90...... 25272 243...... 25408 21378, 24893, 25152 52...... 24233 91...... 25272 570...... 24720 185...... 25153 801...... 20491 100 ...... 19192, 20132, 21959, 300 ...... 20473, 24720, 24894 94...... 25272 21960, 21961, 21962, 25149 96...... 25272 803...... 20491 355...... 20473 804...... 20491 110...... 25149 421...... 24242 97...... 25272 117...... 24235, 25149 107...... 25272 805...... 20491 Proposed Rules: 108...... 25272 806...... 20491 165 ...... 19192, 19841, 21963, Ch. I ...... 19432 109...... 25272 808...... 20491 24697, 24698, 24699, 24701, 51...... 19231 114...... 20556 810...... 20491 24892 52 ...... 19233, 19601, 20199, 116...... 20556 812...... 20491 401...... 19548 20200, 20201, 20504, 21405, 117...... 20556 813...... 20491 21412, 24467, 24737, 24738 34 CFR 118...... 20556 815...... 20491 55...... 25173 119...... 20556 816...... 20491 361...... 24390 61...... 20775 120...... 20556 820...... 20491 685...... 24446 63...... 19887, 21414 121...... 20556 822...... 20491 Proposed Rules: 70...... 20202 122...... 20556 828...... 20491 100 ...... 20196, 21998, 21999, 80...... 20779 833...... 20491 22001 81...... 19233, 21415 125...... 25272 117...... 22002 89...... 20738 133...... 25272 834...... 20491 154...... 20084 90...... 20738 167...... 25272 836...... 20491 168...... 25272 155...... 20084 170...... 19889 837...... 20491 148...... 21418 170...... 20556, 24464 846...... 20491 36 CFR 180 ...... 19233, 20780, 20781, 171...... 24464 871...... 20493 173...... 20556, 24464 904...... 21975 292...... 20726 24738, 24911 175...... 20556 906...... 21975 1228...... 19552, 24702 185...... 20780 186 ...... 10780, 20781, 24911 176...... 20556 911...... 21975 Proposed Rules: 177...... 20556 912...... 21975 7...... 20775 261...... 21418, 25175 268...... 21418 178...... 20556 913...... 21975 100...... 19220 179...... 20556 915...... 21975 117...... 19223 271...... 21418 300 ...... 19889, 20202, 20785, 180...... 20556 919...... 21975 37 CFR 21422, 22004, 22006, 24261 181...... 20556 925...... 21975 182...... 20556 926...... 21975 Proposed Rules: 41 CFR 183...... 20556 933...... 21975 Ch. II...... 20197, 22004 50±203...... 19982 185...... 20556 950...... 21975 1...... 19224, 20877 60±1...... 19982, 25516 188...... 25272 952...... 21975 38 CFR 60±30...... 19982 189...... 25272 970...... 21975 60±60...... 25516 192...... 25272 2401...... 19468 2...... 20133, 20437 60±250...... 19366, 19982 195...... 25272 2402...... 19468 3...... 20438, 20726 60±741...... 19336, 19982 196...... 25272 2404...... 19468 4...... 20438, 20440 199...... 25272 2405...... 19468 9...... 20134 42 CFR 298...... 21302 2406...... 19468 17...... 21964, 24236 405...... 19722 381...... 24895 2409...... 19468 19...... 20447 412...... 21969 403...... 21081 2411...... 19468 20...... 20447 486...... 19722 404...... 21081 2412...... 19468 21...... 20727, 24237 2413...... 19468 Proposed Rules: 47 CFR Proposed Rules: 84...... 24740, 25513 2414...... 19468 3...... 24910 3...... 20155 2415...... 19468 17...... 25428 43 CFR 22...... 21380 2416...... 19468 11...... 20560 64...... 20746, 24897 2417...... 19468 39 CFR 73 ...... 20490, 20747, 21384, 2419...... 19468 3001...... 24447 44 CFR 21385, 21973, 24262, 24263, 2420...... 19468 Proposed Rules: 61...... 19197 24465 2426...... 19468 233...... 21404 62...... 24462 90...... 21380 2428...... 19468 64...... 19857 97...... 21385 2429...... 19468 40 CFR 65 ...... 25400, 25402, 25403 Proposed Rules: 2432...... 19468 52 ...... 19193, 19555, 20136, 67...... 25405 Ch. I ...... 22008 2434...... 19468 20139, 20142, 20145, 20147, 206...... 19197 0...... 21151 2436...... 19468 20453, 20455, 20458, 20730, Proposed Rules: 1 ...... 19236, 20505, 24743, 2437...... 19468 20732, 24239, 24457, 24702, 67...... 25429, 25435 25183 2442...... 19468 iv Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Reader Aids

2452...... 19468 564...... 20497 1122...... 19236 661...... 20175 2453...... 19468 571 ...... 19201, 19202, 19560, 1123...... 19236 663...... 21102 Proposed Rules: 19561, 20170, 20172, 20497 1124...... 19236 672 ...... 19976, 21104, 24729 Ch. 1 ...... 22010 604...... 19562 1125...... 19236 675 ...... 19976, 24730, 24905 Ch. 2 ...... 22010 609...... 19562 1126...... 19236 678...... 21978 52...... 24473 639...... 25088 1127...... 19236 Proposed Rules: 901...... 19891 1051...... 19859 1128...... 19236 16...... 24267 905...... 19891 1053...... 19859 1129...... 19236 17...... 19237, 21426 906...... 19891 1164...... 21387 1130...... 19236 246...... 25443 908...... 19891 1311...... 21387 1131...... 19236 280...... 25443 915...... 19891 1312...... 19859 1132...... 19236 281...... 25443 916...... 19891 1330...... 024722 1133...... 19236 282...... 25443 917...... 19891 Proposed Rules: 1134...... 19236 298...... 25443 922...... 19891 219...... 21149 1135...... 19236 299...... 25443 928...... 19891 382...... 21149 1136...... 19236 300...... 25443 932...... 19891 537...... 22010 1137...... 19236 301...... 25443 933...... 19891 571 ...... 19602, 24263, 24265 1138...... 19236 371...... 25443 935...... 19891 653...... 21149 1139...... 19236 380...... 25443 936...... 19891 654...... 21149 1140...... 19236 600...... 19390 942...... 19891 1002...... 20877 1141...... 19236 601...... 19390 945...... 19891 1100...... 19236 1142...... 19236 602...... 19390 952...... 19891 1101...... 19236 1143...... 19236 603...... 19390 971...... 19891 1102...... 19236 1144...... 19236 605...... 19390 1515...... 25440 1103...... 19236 1145...... 19236 611...... 19390 1552...... 25440 1104...... 19236 1146...... 19236 619...... 19390 1105...... 19236 1147...... 19236 620...... 19390 49 CFR 1106...... 19236 1148...... 19236 621...... 19390 18...... 21386 1107...... 19236 1149...... 19236 625...... 20506 37...... 25409 1108...... 19236 1185...... 22014 628...... 20789 38...... 25409 1109...... 19236 1300...... 21153 641...... 24267 90...... 21386 1110...... 19236 1305...... 24474 649...... 20207 107...... 21084 1111...... 19236 1312...... 19902 650...... 20207, 21431 171...... 21084, 24904 1112...... 19236 651...... 20207 172...... 20747 1113...... 19236 50 CFR 655...... 25185 173 ...... 20747, 21084, 24904 1114...... 19236 17...... 24722 652...... 19604 174...... 20747 1115...... 19236 91...... 25155 672...... 24475, 24750 176...... 20747 1116...... 19236 216...... 21926 673...... 19902, 21431 178...... 21084 1117...... 19236 222...... 21926 675...... 24475, 24750 180...... 24904 1118...... 19236 253...... 19171 676...... 24475 195...... 24244 1119...... 19236 255...... 19171 695...... 25443 228...... 20494 1120...... 19236 620...... 20175 397...... 20496 1121...... 19236 658...... 24728 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Reader Aids v

REMINDERS Horses; vesicular stomatitis; Volatile organic compound Radio frequency devices-- The rules and proposed rules comments due by 5-31- (VOC) emissions-- Vehicle radar systems in this list were editorially 96; published 4-1-96 Automobile refinish and radio astronomy compiled as an aid to Federal Interstate transportation of coatings; comments due operations; protection Register users. Inclusion or animals and animal products by 5-30-96; published from interference; use exclusion from this list has no (quarantine): 4-30-96 of frequency bands legal significance. Brucellosis in cattle and Air quality implementation above 40 GHz bison-- plans: restricted; comments Brucella vaccine approval; due by 5-28-96; Preparation, adoption, and published 3-29-96 RULES GOING INTO comments due by 5-31- submittal-- 96; published 4-1-96 Television broadcasting: EFFECT TODAY Volatile organic AGRICULTURE Telecommunications Act of coumpound definition; 1996-- DEFENSE DEPARTMENT DEPARTMENT HFC 43-10mee and Cable reform provisions; Acquisition regulations: Federal Crop Insurance HCFC 225ca and cb Corporation comments due by 5-28- Direct submission of exclusion; comments Crop insurance regulations: 96; published 4-30-96 vouchers to disbursing due by 5-31-96; Pear crop provisions; published 5-1-96 FEDERAL ELECTION office; published 5-21-96 COMMISSION comments due by 5-28- Air quality implementation Higher education institutions Reports by political 96; published 4-25-96 plans; approval and with anti-ROTC policy; committees: AGRICULTURE promulgation; various published 5-21-96 Electronic filing of reports; DEPARTMENT States: ENVIRONMENTAL Food Safety and Inspection comments due by 5-28- PROTECTION AGENCY California; comments due by 96; published 3-27-96 Service 5-30-96; published 4-30- GENERAL ACCOUNTING Air quality implementation Meat and poultry inspection: 96 plans; approval and OFFICE Processed meat and poultry Florida; comments due by promulgation; various products; nutrient content Practice and procedure: States: 5-28-96; published 4-25- Personnel Appeals Board-- claim and general 96 Rhode Island; published 3- definition and standard of Reductions in force; Kansas and Missouri; 22-96 identity; comment period comments due by 5-31- comments due by 5-28- extension; comments due 96; published 3-7-96 Wisconsin; published 3-22- 96; published 4-25-96 96 by 5-28-96; published 2- HEALTH AND HUMAN 27-96 Wisconsin; comments due SERVICES DEPARTMENT Pesticides; tolerances in food, by 5-29-96; published 4- COMMERCE DEPARTMENT Health Care Financing animal feeds, and raw 29-96 agricultural commodities: National Oceanic and Administration Atmospheric Administration Hazardous waste program Medicare and Medicaid: Captan, etc.; published 3- authorizations: 22-96 Fishery conservation and Prepaid health care management: Alabama; comments due by organizations; physician HEALTH AND HUMAN 5-28-96; published 4-25- incentive plans SERVICES DEPARTMENT Atlantic golden crab fishery, etc.; comments due by 5- 96 requirements; comments Food and Drug 28-96; published 4-11-96 Kentucky; comments due by due by 5-28-96; published Administration Northeast multispecies, 5-28-96; published 4-26- 3-27-96 Food additives: Atlantic sea scallop, and 96 HEALTH AND HUMAN Adjuvants, production aids, American lobster; North Carolina; comments SERVICES DEPARTMENT and sanitizers-- comments due by 5-30- due by 5-28-96; published Inspector General Office, Formaldehyde, polymer 96; published 5-6-96 4-25-96 Health and Human Services with 1-naphthylenol; Ocean salmon off coasts of South Carolina; comments Department published 5-21-96 Washington, Oregon, and due by 5-28-96; published Medicare and Medicaid: Paper and paperboard California; comments due 4-26-96 Prepaid health care organizations; physician components-- by 5-31-96; published 5-6- Pesticides; tolerances in food, incentive plans 96 animal feeds, and raw Diethanolamine; published requirements; comments 5-21-96 International fisheries in U.S. agricultural commodities: Exclusive Economic Zone due by 5-28-96; published RAILROAD RETIREMENT Aluminum tris (O- 3-27-96 and on high seas; ethylphosphonate); BOARD regulations consolidation; INTERIOR DEPARTMENT Public information availablty; comments due by 5-28- comments due by 5-30-96; 96; published 4-26-96 Fish and Wildlife Service fee schedule; published 5- published 5-21-96 Migratory bird hunting: Dicofol, etc.; comments due 21-96 Magnuson Act provisions; Migratory bird harvest by 5-30-96; published 3-1- TREASURY DEPARTMENT regulations consolidation information program; 96 Tobacco products; sale and and update; comments due participating States; Quizalofop ethyl; comments distribution restriction; by 5-31-96; published 5-1- comments due by 5-29- due by 5-28-96; published published 5-21-96 96 96; published 4-29-96 4-26-96 DEFENSE DEPARTMENT INTERIOR DEPARTMENT Federal Acquisition Regulation FEDERAL Tribal government: COMMENTS DUE NEXT (FAR): COMMUNICATIONS Self-governance program; WEEK Contractor overhead COMMISSION awarding negotiation and certification; comments Common carrier services: planning grants; procedure AGRICULTURE due by 5-28-96; published Microwave relocation for C, establishment; comments DEPARTMENT 3-29-96 D, E, and F blocks; due by 5-31-96; published Animal and Plant Health ENVIRONMENTAL voluntary negotiation 4-23-96 Inspection Service PROTECTION AGENCY period shortening, etc.; JUSTICE DEPARTMENT Exportation and importation of Air pollution; standards of comments due by 5-28- Immigration and animals and animal performance for new 96; published 5-15-96 Naturalization Service products: stationary sources: Communications equipment: Immigration: vi Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Reader Aids

Immigrant petitions-- Purified terephthalic acid AlliedSignal, Inc.; comments Specified rail services Battered or abused ground and unground; due by 5-28-96; published provision under specified spouses and children; comments due by 5-29- 3-26-96 rates and conditions; classification as 96; published 5-6-96 Beech; comments due by 5- comment due date immediate relative of Tabulating paper 28-96; published 4-15-96 extended; comments due U.S. citizen or (computer forms, CFM International; by 5-28-96; published 4- preference immigrant; manifold or continuous); comments due by 5-28- 22-96 self-petitioning; comments due by 5-29- 96; published 3-26-96 TREASURY DEPARTMENT comments due by 5-28- 96; published 5-6-96 McDonnell Douglas; 96; published 3-26-96 TRANSPORTATION comments due by 5-31- Customs Service JUSTICE DEPARTMENT DEPARTMENT 96; published 4-19-96 Prisons Bureau Coast Guard Airworthiness standards: Organization and functions; Inmate control, custody, care, Merchant marine officers and Special conditions-- field organization, ports of entry, etc.: etc.: seamen: Cessna model 425 Inmate personal property; Electronic records of airplanes; comments Columbus, OH; port limits authorized personal shipping articles and due by 5-30-96; extension; comments due property lists certificates of discharge; published 4-30-96 by 5-31-96; published 5-3- standardization and comments due by 5-28- Class E airspace; comments 96 transportation procedures; 96; published 3-28-96 due by 5-30-96; published comments due by 5-31- Tankermen and persons in 4-30-96 TREASURY DEPARTMENT 96; published 4-1-96 charge of dangerous Jet routes; comments due by Fiscal Service POSTAL SERVICE liquids and liquefied gases 5-30-96; published 4-16-96 transfers; qualifications; International Mail Manual: comment period TRANSPORTATION Treasury certificates of International package reopening; comments due DEPARTMENT indebtedness, notes, and consignment service by 5-28-96; published 3- Federal Highway bonds; State and local implementation; comments 26-96 Administration government series; comments due by 5-30-96; due by 5-31-96; published Regattas and marine parades: Motor carrier safety standards: 3-28-96 published 4-30-96 Harborwalk Boat Race; Commercial Driver's License SECURITIES AND comments due by 5-28- and Physical Qualification EXCHANGE COMMISSION 96; published 3-26-96 Requirements Negotiated Securities: Suncoast Kilo Run et al.; Rulemaking Advisory LIST OF PUBLIC LAWS Odd-lot tender offers by comments due by 5-31- Committee-- issuers; comments due by 96; published 5-1-96 Intent to establish; Note: No public bills which 5-28-96; published 4-25- TRANSPORTATION comments due by 5-29- have become law were 96 DEPARTMENT 96; published 4-29-96 received by the Office of the SMALL BUSINESS Federal Aviation TRANSPORTATION Federal Register for inclusion ADMINISTRATION Administration DEPARTMENT in today's List of Public Small business size standards: Airworthiness directives: Surface Transportation Laws. Nonmanufacturer rule; Airbus; comments due by 5- Board waivers-- 28-96; published 4-15-96 Railroad contracts: Last List May 20, 1996