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2 III

Contents Federal Register Vol. 62, No. 162

Thursday, August 21, 1997

Agriculture Department Meetings: See Commodity Credit Corporation Chemical Transportation Advisory Committee, 44507– See Forest Service 44508 See Grain Inspection, Packers and Stockyards Houston/Galveston Navigation Safety Advisory Administration Committee, 44508–44509 See Natural Resources Conservation Service See Rural Housing Service Commerce Department NOTICES See Economic Development Administration Agency information collection activities: See National Oceanic and Atmospheric Administration Submission for OMB review; comment request, 44438– NOTICES 44439 Agency information collection activities: Submission for OMB review; comment request, 44441 Antitrust Division NOTICES Commodity Credit Corporation National cooperative research notifications: RULES National Center for Manufacturing Sciences, Inc., 44488– Emergency livestock assistance: 44489 Disaster reserve assistance program, 44391–44393

Arms Control and Disarmament Agency Commodity Futures Trading Commission NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Privacy Act: William C. Foster fellows visiting scholars program, Systems of records, 44442–44461 44440–44441 Customs Service Army Department NOTICES NOTICES Customhouse broker license cancellation, suspension, etc.: Environmental statements; availability, etc.: Abe, Valerie J. et al., 44514 Base realignment and closure— Western Army National Guard Aviation Training Site, Defense Department AZ; expansions of existing training areas and See Army Department facilities, 44461 NOTICES Agency information collection activities: Centers for Disease Control and Prevention Submission for OMB review; comment request, 44461 NOTICES Vessel sanitation program; operations manual, 44475 Economic Development Administration Voice/Fax Information Service (VIS); toll free access; NOTICES availability, 44475–44476 Grants and cooperative agreements; availability, etc.: Children and Families Administration Disaster recovery projects to assist affected States and NOTICES local communities in recovering from 1997 floods, Grants and cooperative agreements; availability, etc.: tornadoes, and other natural disasters; correction, Low income home energy assistance program; 1996 FY 44515 funds reallotment, 44476 Education Department Civil Rights Commission NOTICES NOTICES Agency information collection activities: Meetings; State advisory committees: Proposed collection; comment request, 44462 Kentucky, 44441 Energy Department Coast Guard See Federal Energy Regulatory Commission RULES See Hearings and Appeals Office, Energy Department Regattas and marine parades: Clifton River Days, 44412 Environmental Protection Agency MY102 Boomsday, 44411 RULES Riverfest, 44410–44411 Air quality implementation plans; approval and PROPOSED RULES promulgation; various States: Ports and waterways safety: Pennsylvania, 44413–44415 Mississippi River and Mississippi River Gulf Outlet; port Antarctica; environmental impact assessment of access routes, 44428–44429 nongovernmental activities: NOTICES Reporting and recordkeeping requirements, 44412–44413 Boating safety: Clean Air Act: Boats and associated equipment— Special exemptions— Rented boats; propeller injury prevention, 44507 Guam, 44415–44416 IV Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Contents

PROPOSED RULES Federal Maritime Commission Air quality implementation plans; approval and NOTICES promulgation; various States: Casualty and nonperformance certificates: Pennsylvania, 44429–44430 American Canadian Caribbean Line, Inc., et al., 44473 Superfund program: Celebrity Cruises, Inc., et al., 44473 National oil and hazardous substances contingency Freight forwarder licenses: plan— Worldwide Freight Services, Inc., et al., 44473–44474 National priorities list update, 44430–44434 Federal Reserve System NOTICES Executive Office of the President Agency information collection activities: See Presidential Documents Submission for OMB review; comment request, 44474 Banks and bank holding companies: Federal Aviation Administration Change in bank control, 44474 RULES Formations, acquisitions, and mergers, 44474–44475 Air carrier certification and operations: Permissible nonbanking activities, 44475 Digital flight data recorder upgrade requirements Correction, 44408 Federal Transit Administration Airworthiness directives: NOTICES RAPCO, Inc., 44406–44408 Environmental statements; notice of intent: Raytheon, 44404–44406 Tren Urbano, San Juan, Puerto Rico; tranportation NOTICES improvements, 44512–44513 Airport noise compatibility program: Greater Pittsburgh International Airport, PA, 44509 Fish and Wildlife Service Noise exposure map— NOTICES Nashville International Airport, TN, 44510 Endangered and threatened species: Exemption petitions; summary and disposition, 44510– Recovery plans— 44512 Kauai plant cluster, 44483–44484 Meetings: Pedate checkermallow, etc., 44484–44485 RTCA, Inc., 44512 Food and Drug Administration RULES Federal Communications Commission Animal drugs, feeds, and related products: RULES New drug applications— Radio stations; table of assignments: Doramectin, 44409–44410 Wisconsin, 44416 NOTICES PROPOSED RULES Food additive petitions: Radio stations; table of assignments: Eastman Chemical Co., 44476–44477 New York, 44435–44436 Human drugs: New York et al., 44436 Patent extension; regulatory review period South Dakota, 44435 determinations— West Virginia, 44434–44435 INTEGRA, 44477–44478 Wisconsin, 44434 Meetings: Grass Roots Biotechnology, 44478

Federal Energy Regulatory Commission Forest Service NOTICES NOTICES Agency information collection activities: Meetings: Proposed collection; comment request, 44462–44465 National Urban and Community Forestry Advisory Environmental statements; availability, etc.: Council, 44439 Great Lakes Gas Transmission Limited Partnership, 44470 Applications, hearings, determinations, etc.: General Services Administration Caprock Pipeline Co., 44465 RULES Central Nebraska Public Power and Irrigation District et Acquisition regulations: al., 44465–44466 Commercial items and open season solicitations, 44518– CNG Transmission Corp., 44466 44525 Consolidated Edison Co. of New York, 44466 Multiple award schedule program; small entity Empire District Electric Co., 44466 compliance guide, 44526 Florida Gas Transmission Co., 44466–44467 K N Wattenberg Transmission Limited Liability Co., Grain Inspection, Packers and Stockyards Administration 44467 NOTICES Midcoast Interstate Transmission, Inc., 44467 Agency designation actions: Mississippi River Transmission Corp., 44467–44468 Indiana, 44439–44440 NEPOOL Executive Committee, 44468 Overthrust Pipeline Co., 44468 Health and Human Services Department Southern Natural Gas Co., 44468–44469 See Centers for Disease Control and Prevention Southwestern Public Service Co., 44469 See Children and Families Administration TCP Gathering Co., 44469–44470 See Food and Drug Administration Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Contents V

See Health Care Financing Administration National Communications System See National Institutes of Health NOTICES Meetings: Health Care Financing Administration Telecommunications Service Priority System Oversight NOTICES Committee, 44494 Agency information collection activities: Proposed collection; comment request, 44478 National Highway Traffic Safety Administration Submission for OMB review; comment request, 44478– RULES 44479 Motor vehicle theft prevention standard: High theft lines for 1995 model year; listing, 44416– Hearings and Appeals Office, Energy Department 44421 NOTICES Cases filed, 44470–44472 National Institutes of Health Decisions and orders, 44472–44473 NOTICES Meetings: Housing and Urban Development Department National Institute of General Medical Sciences, 44480– NOTICES 44481 Agency information collection activities: National Institute of Neurological Disorders and Stroke, Submission for OMB review; comment request, 44481– 44480, 44481 44483 National Institute of Nursing Research, 44480 National Institute on Aging, 44481 Interior Department National Institute on Alcohol Abuse and Alcoholism, See Fish and Wildlife Service 44479 See Land Management Bureau National Institute on Drug Abuse, 44479 Research Grants Division special emphasis panels, 44481 International Trade Commission NOTICES National Oceanic and Atmospheric Administration Import investigations: RULES U.S.-European Union sectoral trade liberalization; likely Emergency rules, use; policy guidelines, 44421–44422 impact, 44486–44487 Fishery conservation and management: Meetings; Sunshine Act, 44487 Northeastern United States fisheries— Summer flounder, 44424–44425 Justice Department West Coast States and Western Pacific fisheries— See Antitrust Division Northern anchovy, 44425–44426 NOTICES Tuna, Atlantic bluefin fisheries, 44422–44424 Pollution control; consent judgments: PROPOSED RULES Consolidated Coal Co. et al., 44488 Ocean and coastal resource management: UNOCAL, 44488 Marine sanctuaries— Labor Department Gulf of the Farallones National Marine Sanctuary, CA, 44427–44428 NOTICES Agency information collection activities: Natural Resources Conservation Service Proposed collection; comment request, 44489 NOTICES Land Management Bureau Meetings: Small Farms National Commission, 44440 NOTICES Meetings: Northeast Dairy Compact Commission Resource advisory councils— PROPOSED RULES Colorado, 44485 Over-order price regulations: Idaho, 44485 Compact over-order price regulations— Oil and gas leases: Meeting, 44427 Wyoming, 44485–44486 Realty actions; sales, leases, etc.: Nuclear Regulatory Commission Arizona, 44486 NOTICES Utah, 44486 Environmental statements; availability, etc.: Duke Power Co., 44495 National Aeronautics and Space Administration Virginia Electric and Power Co., 44495–44496 NOTICES Meetings: Environmental statements; availability, etc.: Water reactor safety information, 44497 Advanced Space Transportation Program, 44490–44491 Applications, hearings, determinations, etc.: Meetings: Florida Power and Light Co., et al., 44494–44495 Advisory Council, 44491 Aeronautics and Space Transportation Technology Presidential Documents Advisory Council, 44491 PROCLAMATIONS Life and Microgravity Sciences and Applications Special observances: Advisory Committee, 44492 Women’s Equality Day (Proc. 7017), 44529–44530 Space Science Advisory Committee, 44493 EXECUTIVE ORDERS Senior Executive Service: Iran; prohibiting certain transactions with (EO 13059), Performance Review Board; membership, 44493–44494 44531–44533 VI Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Contents

President's Commission on Critical Infrastructure Social Security Administration Protection NOTICES NOTICES Agency information collection activities: Meetings, 44497 Proposed collection; comment request, 44506

Surface Transportation Board Public Health Service NOTICES See Centers for Disease Control and Prevention Railroad operation, acquisition, construction, etc.: See Food and Drug Administration Consolidated Rail Corp., 44514 See National Institutes of Health Tennessee Valley Authority Railroad Retirement Board NOTICES RULES Agency information collection activities: Debt Collection Improvement Act of 1996: Submission for OMB review; comment request, 44506– Collection of debts by offset against Federal payments, 44507 44409 Railroad Unemployment Insurance Act: Transportation Department Sickness benefits; acceptance of statement of sickness See Coast Guard executed by substance-abuse professional in support See Federal Aviation Administration of payment, 44408–44409 See Federal Transit Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration Research and Special Programs Administration See Surface Transportation Board PROPOSED RULES Pipeline safety: Treasury Department Hazardous liquid transportation— See Customs Service Pipeline corrosion and corrosion control; public meeting, 44436–44437 NOTICES Pipeline Risk Management Demonstration Program: Separate Parts In This Issue Electronic update; satellite-based video presentations, 44513 Part II General Services Administration, 44518–44526

Rural Housing Service Part III RULES The President, 44529–44533 Federal Agriculture Improvement and Reform Act of 1996; implementation: Inventory property management provisions, 44393–44404 Reader Aids Additional information, including a list of public laws, Securities and Exchange Commission telephone numbers, reminders, and finding aids, appears in NOTICES the Reader Aids section at the end of this issue. Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 44500–44501 Municipal Securities Rulemaking Board, 44501–44503 Electronic Bulletin Board National Association of Securities Dealers, Inc., 44503– Free Electronic Bulletin Board service for Public Law 44506 numbers, Federal Register finding aids, and a list of Applications, hearings, determinations, etc.: documents on public inspection is available on 202–275– Aetna Variable Fund, et al., 44497–44500 1538 or 275–0920. Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / 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.

3 CFR 195...... 44436 Proclamations: 50 CFR 7017...... 44529 285 (2 documents) ...... 44422, Executive Orders: 44423 Ch. VI...... 44421 12613 (Revoked in 648...... 44424 part by EO 660...... 44425 13059) ...... 44531 12957 (Revoked in part by EO 13059) ...... 44531 12959 (Revoked in part by EO 13059) ...... 44531 13059...... 44531 7 CFR 1439...... 44391 1955...... 44393 Proposed Rules: Ch. XIII...... 44427 14 CFR 39 (2 documents) ...... 44404, 44406 121...... 44408 125...... 44408 129...... 44408 135...... 44408 15 CFR Proposed Rules: 922...... 44427 20 CFR 335...... 44408 367...... 44409 21 CFR 522...... 44409 33 CFR 100 (3 documents) ...... 44410, 44411, 44412 Proposed Rules: 167...... 44428 40 CFR 9...... 44412 52...... 44413 69...... 44415 Proposed Rules: 52...... 44429 300...... 44430 47 CFR 73...... 44416 Proposed Rules: 73 (5 documents) ...... 44434, 44435, 44436 48 CFR Ch. V...... 44526 504...... 44518 507...... 44518 510...... 44518 511...... 44518 512...... 44518 514...... 44518 515...... 44518 538...... 44518 539...... 44518 543...... 44518 546...... 44518 552...... 44518 570...... 44518 49 CFR 541...... 44416 Proposed Rules: 192...... 44436 44391

Rules and Regulations Federal Register Vol. 62, No. 162

Thursday, August 21, 1997

This section of the FEDERAL REGISTER Regulatory Flexibility Act will be provided to OMB before July 31, contains regulatory documents having general It has been determined that the 1997. applicability and legal effect, most of which are keyed to and codified in the Code of Regulatory Flexibility Act is not Executive Order 12612 applicable to this rule because neither Federal Regulations, which is published under It has been determined that this rule FSA nor the CCC is required by 5 U.S.C. 50 titles pursuant to 44 U.S.C. 1510. does not have sufficient Federalism 553 or any other provision of law to implications to warrant the preparation The Code of Federal Regulations is sold by publish a notice of proposed rulemaking of a Federalism Assessment. The the Superintendent of Documents. Prices of with respect to the subject matter of this provisions contained in this rule will new books are listed in the first FEDERAL rule. REGISTER issue of each week. not have a substantial direct effect on Environmental Evaluation States or their political subdivisions, or It has been determined by an on the distribution of power and DEPARTMENT OF AGRICULTURE environmental evaluation that this responsibilities among the various action will have no significant impact levels of Government. Commodity Credit Corporation on the quality of the human Federal Assistance Programs environment. Therefore, neither an 7 CFR Part 1439 This program is listed in the Catalog environmental assessment nor an of Federal Domestic Assistance under RIN 0560±AF11 environmental impact statement is No. 10.452. needed. Disaster Reserve Assistance Program Background Executive Order 12988 AGENCY: Commodity Credit Corporation, Pursuant to the authority set forth in The final rule has been reviewed in USDA. section 813 of the Agricultural Act of accordance with Executive Order 12988. ACTION: Final rule. 1970, as amended, it has been The provisions of this final rule preempt determined that: SUMMARY: The Commodity Credit State laws to the extent such laws are 1. Severe and prolonged natural Corporation (CCC) published an interim inconsistent with the provisions of this disasters adversely affecting livestock rule in the Federal Register (62 FR rule. The provisions of this rule are producers across the country warrant 3195) on January 22, 1997, to announce retroactive to January 10, 1997. Before implementing additional provisions of the availability of assistance under the any judicial action may be brought DRAP to alleviate the distress caused by Disaster Reserve Assistance Program concerning the provisions of this rule, the natural disaster conditions and (DRAP). The assistance was for livestock the administrative remedies must be unforeseen consequences brought on by producers whose production of exhausted. the severity of the natural disasters. livestock feed was adversely affected by Executive Order 12372 2. An interim rule published on severe winter disaster conditions. January 22, 1997, (62 FR 3195) amended This program is not subject to the Authority for the program is set forth in part 1439 to provide assistance for feed provisions of Executive Order 12372, section 813 of the Agricultural Act of losses in crop year 1996, occurring which require intergovernmental 1970, as amended. This final rule adopts because of snow and freezing the interim rule with modifications that consultation with State and local officials. See the notice related to 7 CFR conditions. Consequently, in became necessary during the implementing these regulations CCC administration of the program due to part 3015, subpart V, published at 48 FR 29115 (June 24, 1983). made several changes in the program circumstances unforeseen at the time due to the severity of the natural the interim rule was written, but which Unfunded Mandates disaster conditions. Presidential became necessary because of the Disaster Declarations M1156 and M1157 severity of the disaster. The provisions of the Unfunded Mandates Reform Act of 1995 are not were issued for all counties in North EFFECTIVE DATE: August 21, 1997. applicable to this rule because neither Dakota and South Dakota; therefore, all FOR FURTHER INFORMATION CONTACT: FSA nor CCC is required by 5 U.S.C. 553 livestock producers in these States who Chris Niedermayer, Acting Director, or any other provision of the law to met all eligibility requirements, as Emergency and Noninsured Assistance publish a notice of proposed rulemaking determined by the Deputy Program Division, Farm Service Agency with respect to the subject matter of this Administrator for Farm Programs (FSA), United States Department of rule. (DAFP), and timely filed requests, were Agriculture, STOP 0526, 1400 eligible for assistance under the herein Independence Avenue, SW, Paperwork Reduction Act contained Emergency Feed Grain Washington, D.C. 20250–0526, The amendments to 7 CFR 1439 set Donation Program (EFGDP). telephone (202) 720–6635. forth in this final rule have been Subsequently, DAFP determined that SUPPLEMENTARY INFORMATION: approved by OMB under an emergency livestock producers in North Dakota, submission of 0560–0029. An South Dakota, and in the Minnesota Executive Order 12866 information collection notice was counties designated as primary counties This final rule is issued in published in the Federal Register (62 in Presidential Disaster Declaration conformance with Executive Order FR 3195) on January 22, 1997. No M1158 who met all eligibility 12866 and has been determined to be comments were received regarding requirements, as determined by DAFP, significant and has been reviewed by information collections. A regular and timely filed requests, were eligible the Office of Management and Budget. submission of information collection for assistance under the herein 44392 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations contained Foundation Livestock Relief allow the Secretary authority to § 1439.402 Assistance Program (FLRP). The interim rule did delineate the areas of the U.S. eligible (a) Assistance is for eligible livestock not specify that producers in counties for DRAP as the terms of the program which are commingled, stranded, and contiguous to primary counties where have already expired. (2) Under unidentified as to the livestock owner. an emergency declaration was made by § 1439.602(b), assistance is provided as * * * * * the President would be eligible for reimbursement for expenses relating to 3. Sections 1439.601 and 602 are assistance under EFGDP and FLRP. transportation assistance on or after added as follows: Inadvertently, the following counties January 10, 1997, specifically related to contiguous to the States of North Dakota providing access to existing feed SubpartÐEmergency Feed Grain and South Dakota were erroneously supplies or to the livestock and Donation Program (EFGDP) included as being eligible for FLRP: reimbursement for expenses relating to Lyon, Plymouth, Sioux, and Woodbury § 1439.601 General statement. Counties in Iowa; Carter, Fallon, eligible livestock feed purchased on or (a)(1) This subpart sets forth the terms Richland, Roosevelt, Sheridan, and after January 10, 1997, and donation of and conditions of the EFGDP. This Wibaux Counties in Montana; Boyd, CCC-owned feed grains. There is no program may be authorized only for Cedar, Cherry, Dakota, Dawes, Dixon, restriction on how the livestock owner livestock owners in a State or county, by Keya Paha, Sheridan, and Sioux uses the reimbursed funds. However, the Deputy Administrator for Farm Counties in Nebraska; and Crook, according to § 1439.8, CCC-owned feed Programs (DAFP), Farm Service Agency Niobrara, and Weston Counties in grains obtained under this part shall not (FSA), upon a determination that a Wyoming. Applications for FLRP be exchanged for any ingredients, sudden livestock feed emergency exists assistance were accepted in the services, cash, credit, or any other thing and a Presidential disaster declaration aforementioned contiguous counties of value. (3) Under § 1439.602(f), has been issued for such a State or through February 25, 1997. FSA maximum assistance for snow removal county as a result of snow and freezing determined that withdrawal of its offer is limited to the lesser of the actual cost and related conditions. Under the to provide cost share assistance after the to move snow to gain access to the program, CCC will provide to the final date for submitting an application available feed or stranded livestock, or livestock owner whose access to would not be in the best interest of the the monetary value of multiplying the livestock and normal livestock feed public because producers in the number of livestock, by type and weight supplies was adversely affected by erroneously approved counties would range, by the allowance per day in natural disasters either or both of the have already made previous pounds of corn, as determined by CCC, following: commitments. Accordingly, FSA elected (i) Reimbursement for expenses by $0.05 per pound, by a feeding period to grant relief in accordance with 7 relating to eligible livestock feed of 15 days. There is no restriction on U.S.C. 1339a on the basis of ‘‘misaction’’ purchases and transportation assistance; by the Agency. whether the livestock owner or a (ii) CCC-owned feed grains on a This final rule adopts the interim rule, contractor removes the snow. donation basis. with some modifications and additions. 3. This rule will modify part 1439 to (2) Assistance may be given to other The comments received and CCC add sections 1439.601 and 1439.602 and persons or entities (public and private), responses are as follows: 1439.701 and 1439.702. These sections who certify that the eligible livestock Comment: § 402(a) One comment set out program regulations for EFGDP were, or are, in danger of perishing received from a national livestock and FLRP. without their immediate assistance. association recommended that: This program shall terminate at the 4. Based on the above determinations, (1) The Secretary of Agriculture conclusion of the 1996 livestock feed the EFGDP and the FLRP are authorized should have the authority to delineate crop year. the areas of the U.S. that are eligible for for the 1996 livestock feed crop year for (b) The EFGDP is authorized for the the DRAP. livestock owners who are determined 1996 livestock feed crop year when both (2) Producers who qualify for the eligible. Program payments will be of the following apply: DRAP should be allowed to use the contingent on the availability of CCC (1) The FSA State committee funds for snow removal, clearing of funds. determines and documents a livestock flood related debris, removal of mud, List of Subjects in 7 CFR part 1439 feed emergency on a county by county repair and maintenance of farm roads, basis, when the danger of eligible rebuilding of fences due to high water Animal feeds, Disaster assistance, livestock perishing as a result of snow or snow, purchase of hay and high Livestock. and freezing and related conditions protein feed supplements and minerals, exists in the county, and and maintenance and continued usage Accordingly, for the reasons set forth (2) The livestock owner, or other of water supplies of adequate quality in the Preamble, the interim rule person or entities (public or private) and quantities. published on January 22, 1997, (62 FR certify that the eligible livestock were, (3) Producers be reimbursed whether 3195) is adopted as final with changes, or are, in danger of perishing without they remove the disaster related snow, as set forth below. immediate assistance and that normal mud and/or debris themselves, or they livestock feed supplies were, or are, use an outside contractor. PART 1439ÐEMERGENCY inaccessible. Response: (1) Authorization for the ASSISTANCE PROGRAMS program was limited to the 1996 crop § 1439.602 Assistance. year, allowing USDA to provide 1. The authority citation for part 1439 (a) Assistance is for eligible livestock assistance for feed loss or inaccessibility continues to read as follows: which are in danger of perishing as a result of snow or freezing Authority: 15 U.S.C. 714b and 714c and 7 without immediate assistance. Eligible conditions where an emergency U.S.C. 1427a. livestock includes beef and dairy cattle; declaration has been made by the buffalo and beefalo; equine animals, President. DAFP believes it is not 2. In section 1439.402, paragraph (a) including horses, mules, donkeys; prudent to seek legislative change to is revised to read as follows: sheep; goats; and swine. Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44393

(b) Assistance may be provided as any or county as a result of snow and DEPARTMENT OF AGRICULTURE of the following: freezing and related conditions. Under (1) Reimbursement for expenses the program, CCC will provide cash Rural Housing Service relating to transportation assistance on reimbursement for eligible livestock Rural Business-Cooperative Service or after January 10, 1997, specifically feed purchases to the livestock owner related to providing access to existing and other persons or entities (public and Rural Utilities Service feed supplies or to the livestock; private), whose usage of normal (2) Reimbursement for expenses livestock feed supplies was adversely Farm Service Agency relating to eligible livestock feed affected by natural disasters. Cost-share 7 CFR Part 1955 purchased on or after January 10, 1997; assistance is provided at 30 percent of or the lesser of actual eligible livestock RIN 0560±AE88 (3) Donation of CCC-owned feed feed costs shown on acceptable feed grains. purchase documents or the calculated Implementation of the Inventory (c) Requests for reimbursement for feed allowance for eligible livestock for Property Management Provisions of transportation assistance and eligible a period not to exceed 30 days. This the Federal Agriculture Improvement livestock feed purchases shall include program shall terminate at the and Reform Act of 1996 verifiable sales receipts, service conclusion of the 1996 livestock feed AGENCIES: Rural Housing Service, Rural agreements, or any other documentation crop year. Business-Cooperative Service, Rural as determined by the FSA county (b) As determined by DAFP, FLRP Utilities Service, and Farm Service committee. may be authorized for any length of time Agency, USDA. (d) Individuals who provide not to exceed a 30-day feeding period. assistance to livestock which is in ACTION: Interim rule with request for Subsequent feeding periods of the same comments. danger of perishing without immediate or different duration may be designated assistance or where the owner of the by DAFP for the same or related disaster SUMMARY: This implements provisions livestock is not known, shall only conditions. of the Federal Agriculture Improvement receive CCC-owned feed grain on a and Reform Act of 1996 (1996 Act) that donation basis, not to exceed the § 1439.702 Assistance. affect the farm credit programs of the amount of feed grain actually used. (a) Assistance is limited to livestock Farm Service Agency (FSA), formerly (e) Assistance shall not exceed the owners who have eligible foundation or administered by the Farmers Home monetary value of multiplying the replacement livestock, as determined by Administration (FmHA). The provisions number of livestock, by type and weight DAFP. Eligible livestock includes beef of this rule affect the acquisition, range, by the allowance per day in and dairy cattle, buffalo and beefalo, management and disposal of inventory pounds of corn as determined in sheep, goats, swine, and equine animals farm property by FSA. accordance with § 1439.3, by $0.05 per used to raise livestock that will be used DATES: Effective August 21, 1997. pound, by a feeding period of 15 days. for human consumption or in the (f) For snow removal, the maximum Comments must be submitted by production of food or fiber on the October 20, 1997. assistance shall be the lesser of: owner’s farm. (1) Actual cost to move snow to gain ADDRESSES: Submit written comments access to the available feed or stranded (b) Assistance shall be provided as a to the Farm Credit Programs Loan livestock; or 30 percent cost-share payment based on Servicing and Property Management (2) The maximum assistance the lesser of: Division, Farm Service Agency, United calculated in accordance with paragraph (1) Eligible livestock feed purchased Sates Department of Agriculture, Room (e) of this section. and received during the period 5449–S, Stop 0523, 1400 Independence (g) For feed purchases, the maximum designated by DAFP, or Avenue, SW, Washington, DC 20013– assistance shall be the lesser of: (2) The calculated feed allowance for 0523. (1) The monetary value of purchased the eligible livestock for up to 30 days, FOR FURTHER INFORMATION CONTACT: eligible feed; or as determined by DAFP. James P. Fortner, Senior Realty (2) The maximum assistance (c) Requests for reimbursement of Specialist, Farm Service Agency; calculated in accordance with paragraph eligible livestock feed purchases shall Telephone: 202–720–1976; Facsimile: (e) of this section. include verifiable sales receipts and any 202–690–0949. E-mail: (h) The maximum assistance for other documentation the FSA county [email protected] donated grain is a 15 day feed allowance committee requires. SUPPLEMENTARY INFORMATION calculated in accordance with paragraph : (e) of this section. (d) Assistance shall not exceed the Executive Order 12866 monetary value of multiplying the 4. Sections 1439.701 and 1439.702 are This rule has been determined to be added as follows: number of livestock, by type and weight range, by the allowance per day in significant and was reviewed by the SubpartÐFoundation Livestock Relief pounds of corn as determined in Office of Management and Budget under Program (FLRP) accordance with § 1439.3, by $0.05 per Executive Order 12866. § 1439.701 General statement. pound, by the number of days in the Regulatory Flexibility Act feeding period designated by DAFP. (a) This subpart sets forth the terms The Farm Service Agency (FSA) and conditions of the FLRP. This Signed at Washington, DC, on August 14, certifies that this rule will not have a program may be authorized by DAFP, 1997. significant impact on a substantial upon a determination that foundation Bruce R. Weber, number of small entities as defined in livestock owners have been forced to Acting Executive Vice President, Commodity the Regulatory Flexibility Act, Pub. L. feed excessive quantities of livestock Credit Corporation. 96–534, as amended (5 U.S.C. 601). feed and a Presidential disaster [FR Doc. 97–22128 Filed 8–20–97; 8:45 am] In addition, the Regulatory Flexibility declaration has been issued for the State BILLING CODE 3410±05±P Act is not applicable to this rule since 44394 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations the Farm Service Agency (FSA) is not (48 FR 29115, June 24, 1983), the voluntarily convey the real property to required by 5 U.S.C. 553, or any other programs within this rule are not FSA, FSA will, not less than 30 days provisions of law, to publish a notice of affected by Executive Order 12372. prior to the foreclosure sale of the proposed rulemaking to effect these property, provide the Native American Programs Affected administrative changes. borrower and owner with the option of This rule does not affect any programs (1) requiring FSA to assign the loan and Environmental Impact Statement listed in the Catalog of Federal Domestic security instruments to the Secretary of This document has been reviewed in Assistance. the Interior, or (2) requiring FSA to accordance with 7 CFR part 1940, Paperwork Reduction Act assign the loan and security instruments subpart G, Environmental Program. The to the tribe having jurisdiction over the issuing agencies have determined that The information collection reservation where the property is this action does not significantly affect requirements contained in this located pursuant to the quality of human environment, and regulation have been approved by OMB § 335(e)(1)(D)(v)(I)(bb) of the CONACT. in accordance with the National under the provisions of 44 U.S.C. If the Native American borrower and Environmental Policy Act of 1969, Pub. chapter 35 and have been assigned OMB owner require FSA to assign the loan L. 91–190, an Environmental Impact control numbers 0575–0109 and 0575– and security instruments to the Statement is not required. 0110 in accordance with the Paperwork Secretary of the Interior and the Reduction Act of 1995 (44 U.S.C. 3507). Secretary of the Interior agrees to the The Unfunded Mandate Reform Act of This interim rule does not revise or assignment, pursuant to 1995 impose any new information collection § 335(e)(1)(D)(v)(aa) the Secretary of Title II of the Unfunded Mandate or recordkeeping requirement from Agriculture is released from all further Reform Act of 1995 (UMRA), Pub. L. those approved by OMB. responsibility for collection of the loan. 104–4, established requirements for Discussion of the Interim Rule If the Native American borrower and Federal agencies to assess the effects of owner elect to require FSA to assign the their regulatory actions on State, local, On April 4, 1996, the 1996 Act was loan to the tribe, the tribe must assume and tribal governments and the private signed into law and required certain the loan and the loan terms will be sector. Under section 202 of the UMRA, provisions to be implemented either restructured to be consistent with FSA generally must prepare a written immediately or no later than 90 days Indian Land Acquisition Loans made statement, including a cost-benefit from the date of enactment. The specific pursuant to 25 U.S.C. § 488 and the assessment, for proposed and final rules changes to the acquisition, management, principal amount will be the lesser of with Federal mandates that may result and disposal of real and chattel property the fair market value of the property or in expenditures to State, local, or tribal which served as security for FSA farm the outstanding principal and interest governments, in the aggregate, or to the credit programs loans are discussed on the date of the assignment. While the private sector of $100 million or more below: narrow language of in any 1 year. When such a statement Liquidation and Acquisition § 335(e)(1)(D)(v)(I)(bb) only provides for is needed for a rule, section 205 of the the assignment of the loan to the tribe UMRA generally requires FSA to The 1996 Act eliminated the and could be interpreted as releasing the identify and consider a reasonable Leaseback/Buyback program which Government’s interest in the repayment number of regulatory alternatives and provided the former borrower and of the loan, in the context of the adopt the least costly, more cost- owner, the borrower’s spouse or amendment made to § 335(e)(1)(D) by effective or least burdensome alternative children, stockholder in the corporation the 1996 Act, there is no indication that that achieves the objectives of the rule. if the borrower and owner was a Congress intended for the Government This rule contains no Federal corporation held exclusively by to release the Government’s right to be mandates (under regulatory provisions members of the same family, or the repaid and in effect make a grant to the of title II of the UMRA) for State, local, previous operator with rights to lease tribe. Had Congress intended for the and tribal governments or the private back an acquired property for up to 5 loan to be transferred to the tribe with sector. Thus, this rule is not subject to years with an option to purchase. no repayment responsibility, language the requirements of sections 202 and Several changes were made by the 1996 similar to the language for assignment to 205 of the UMRA. Act in relationship to the voluntary the Secretary of the Interior could have conveyance of property by Native been used. We interpret Executive Order 12988 American borrowers when new property § 335(e)(1)(D)(v)(III) as requiring that, if This interim final rule has been is located within the boundaries of an the loan is assigned to the tribe, it must reviewed under Executive Order 12998, Indian reservation. Leaseback/buyback be assumed by the tribe as well. Civil Justice Reform. In accordance with rights as well as the regular leasing this rule: (1) All State and local laws authority were eliminated for Native Management and regulations that are in conflict with American borrowers. See § 638(1) of the The 1996 Act eliminated FSA’s ability this rule will be preempted; (2) no 1996 Act which eliminated the to lease inventory farm property except retroactive effect will be given to this leaseback/buyback program, as well as to those beginning farmers or ranchers rule: and (3) administrative proceedings most of the Agency’s authority to lease who are selected to purchase an in accordance with 7 CFR part 11 must inventory property (previously inventory property but are unable to do be exhausted before bringing suit in contained in § 335(e)(3) of the so due to a lack of Agency credit funds. court challenging action taken under Consolidated Farm and Rural Leases with beginning farmers or this rule unless those regulations Development Act) (CONACT) and to ranchers who were selected to purchase specifically allow bringing suit at an resolve disputes over lease terms an inventory property on a credit sale earlier time. (previously contained in § 335(e)(9) of may not exceed 18 months or the date the CONACT). that FSA credit assistance becomes Executive Order 12372 Under the program provided by the available, whichever is earlier. For reasons set forth in the Notice 1996 Act, if the Native American We have added a paragraph asserting regarding 7 CFR part 3015, subpart V borrower and owner does not FSA’s limited authority to lease Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44395 property pursuant to § 335(b) of the appraisal. If more than one qualified for transfer, FSA must provide at least CONACT. While the statute is not free beginning farmer or rancher submits an two public notices, hold at least one from doubt because § 638(2) of the 1996 application to purchase an inventory public meeting if requested, and consult Act limits leasing to beginning farmers property, FSA will select a purchaser with the Governor and at least one and ranchers, § 335(b) was not repealed through a random selection process. elected county official of the State and by the 1996 Act. It states as follows: Appeal rights for participation in the county where the property requested for Except as provided in subsections (c) random selection as a qualified transfer is located. and (e), real property administered beginning farmer or rancher were under the provisions of this title may be eliminated by § 638(2) of the 1996 Act List of Subjects in 7 CFR Part 1955 operated or leased by the Secretary for and replaced by an expedited review by Foreclosure, Government property. such period or periods as the Secretary the State Executive Director that is Chapter XVIII, Title 7, Code of Federal may deem necessary to protect the administratively final. If inventory Regulations is amended as follows: Government’s investment therein. property is not sold to a beginning Based on this authority as modified farmer or rancher within 75 days from PART 1955ÐPROPERTY by the limitation that inventory property acquisition, § 638(2) of the 1996 Act MANAGEMENT should be sold within 105 days of requires FSA, not later than 30 days acquisition, we have provided limited after the 75-day period, to sell the 1. The authority citation for part 1955 authority to lease property upon the property by means of a public sale, such continues to read as follows: approval of the Administrator when it is as a public auction or sealed bids, at the Authority: 5 U.S.C. 301; 7 U.S.C. 1989; and impossible to sell it. best price obtainable. 42 U.S.C. 1480. Disposal A transitional rule provides that properties under a lease upon passage of Subpart AÐLiquidation of Loans The 1996 Act placed new the 1996 Act would be advertised for Secured by Real Estate and requirements on FSA to dispose of sale no later than 60 days after the lease Acquisition of Real and Chattel inventory property. The definition of a expires and properties in inventory Property beginning farmer contained in § 640(1) upon passage of the 1996 Act, but not 2. Section 1955.3 is amended by of the 1996 Act was amended to raise under a lease, would be advertised no removing the definition of ‘‘Leaseback/ the maximum amount of farm or ranch later than 60 days from April 4, 1996. property that may be owned from 15 Buyback Property.’’ The transitional rule was implemented 3. Section 1955.4(a) is amended by percent to 25 percent of the median in Notice FC–37 which informed FSA removing the word ‘‘Assistant’’ in the farm size in the county in which the county and State offices that property in property is located. However, the first sentence and adding in its place the inventory and not leased before April 5, word ‘‘Deputy.’’ Agency will use 25 percent of the mean 1996, will be offered for sale within 60 rather than the median farm size in this 4. Section 1955.9 is revised to read as days of the enactment of the 1996 Act. follows: definition since median farm sizes are The Notice also stated that property unavailable in the Census of then under the lease will be offered for § 1955.9 Requirements for voluntary Agriculture. Inventory must be sale no later than 60 days after the lease conveyance of real property located within advertised for sale no later than 15 days expires. The transitional rule for leased a federally recognized Indian reservation after acquisition by the Agency. Not properties is also contained in owned by a Native American borrower- later than 75 days from the date of § 1955.107(a) of this rule. owner. acquisition, the Agency will offer to sell While section 638 of the 1996 Act by (a) The borrower-owner is a member inventory property to qualified its terms applies to all property acquired of the tribe that has jurisdiction over the beginning farmers or ranchers at the under the CONACT, and thus applies to reservation in which the real property is current market value based on a current non-FSA programs, these programs located. An Indian tribe may also meet appraisal. Based on the statutory rarely acquire or lease inventory the borrower-owner criterion if it is language contained in § 638(2) of the property. Therefore, compliance with indebted for Farm Credit Programs 1996 Act which provides a priority in the 1996 Act will be achieved by loans. the sale of inventory property only to guidance given on a case-by-case basis, (b) A voluntary conveyance will be beginning farmers and ranchers, the rather than through published accepted only after all preacquisition Agency has removed the regulatory procedures, by requiring program primary and preservation servicing priorities previously contained in officials to immediately contact the actions have been considered in § 1955.107(f)(1). The previous priorities National Office whenever they acquire accordance with subpart S of part 1951 were as follows: first priority to inventory property. See § 1955.108. of this chapter. beginning farmers and ranchers who The 1996 Act modified how (c) When all servicing actions have were also socially disadvantaged conservation easements are placed on been considered under subpart S of part applicants (SDA); second priority to wetlands located on inventory property. 1951 of this chapter and a positive beginning farmers and ranchers; third Wetland conservation easements will outcome cannot be achieved, the priority to operators of not larger than only be placed on those wetlands or following additional actions are to be family-size farms who were also SDAs; converted wetlands located on taken: fourth priority to operators of not larger inventory property that were not (1) The county official will notify the than family size farms who meet the considered as cropland on the date of Native American borrower-owner and Agency’s eligibility requirements and acquisition and were not used for the tribe by certified mail, return receipt fifth priority to operators of not larger farming at any time during the 5-year requested, and by regular mail if the than family size farms who are not period prior to acquisition. The 1996 certified mail is not received, that: eligible for Agency credit. Under this Act also amended the process whereby (i) The borrower-owner may convey interim rule, the only remaining priority inventory property can be transferred to the real estate security to FSA and FSA is to beginning farmers and ranchers Federal or State agencies for will consider acceptance of the property who can purchase the property at the conservation purposes. The 1996 Act into inventory in accordance with current market value based on a current requires that, upon receipt of a request paragraph (d) of this section. 44396 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations

(ii) The borrower-owner must inform (4) FSA will accept the offer of 7. Exhibit G–1 of subpart A is FSA within 60 days from receipt of this voluntary conveyance of the property amended by removing the words notice of the borrower and owner’s unless a hazardous substance, as ‘‘County Supervisor’’ and ‘‘State decision to deed the property to FSA; defined in the Comprehensive Director’’ and adding in their place the (iii) The borrower-owner has the Environmental Response, words ‘‘County Official’’ and ‘‘State opportunity to consult with the Indian Compensation, and Liability Act of Executive Director,’’ respectively, and tribe that has jurisdiction over the 1980, is located on the property which by revising the heading of the exhibit reservation in which the real property is will require FSA to take remedial action and the first paragraph to read as located, or counsel, to determine if State to protect human health or the follows: or tribal law provides rights and environment if the property is taken Exhibit G–1 of Subpart A—Worksheet protections that are more beneficial than into inventory. In this case, a voluntary for Determining Farm Credit those provided the borrower-owner conveyance will be accepted only if Programs, Maximum Bid on Real under Agency regulations; FSA determines that it is in the best Estate Property (2) If the borrower-owner does not interests of the Government to acquire lllllllllllllllllllll voluntarily deed the property to FSA, title to the property. (present owner/borrower) not later than 30 days before the (d) When determining whether to Refer to Exhibit I in FmHA Instruction 1951– foreclosure sale, FSA will provide the accept a voluntary conveyance of a S for guidance in estimating the incomes Native American borrower-owner with Native American borrower-owner’s real and expenses to be used in this exhibit. the following options: property, the county official must The holding period to be used is 105 days (3.5 months). (i) The Native American borrower- consider: owner may require FSA to assign the (1) The cost of cleaning or mitigating * * * * * loan and security instruments to the the effects if a hazardous substance is Subpart BÐManagement of Property Secretary of the Interior. If the Secretary found on the property. A deduction of the Interior agrees to such an equal to the amount of the cost of a 8. Section 1955.53 is amended by assignment, FSA will be released from hazardous waste clean-up will be made removing the definitions of ‘‘Leaseback/ all further responsibility for collection to the fair market value of the property Buyback Property’’ and ‘‘Socially of any amounts with regard to the loans to determine if it is in the best interest disadvantaged applicant’’ and by secured by the real property. of the Government to accept title to the revising the definitions of ‘‘Suitable (ii) The Native American borrower- property. FSA will accept the property property’’ and ‘‘Surplus property’’ to owner may require FSA to complete a if clear title can be obtained and if the read as follows: transfer and assumption of the loan to value of the property after removal of § 1955.53 Definitions: the tribe having jurisdiction over the hazardous substances exceeds the cost reservation in which the real property is of hazardous waste clean-up. * * * * * located if the tribe agrees to the (2) If the property is located within Suitable property. For FSA inventory assumption. If the tribe assumes the the boundaries of a federally recognized property, real property that can be used loans, the following actions shall occur: Indian reservation, and is owned by a for agricultural purposes, including (A) FSA shall not foreclose the loan member of the tribe with jurisdiction those farm properties that may be used because of any default that occurred over the reservation, FSA will credit the as a start up or add-on parcel of before the date of the assumption. Native American borrower-owner’s farmland. It also includes a residence or (B) The assumed loan shall be for the account based on the fair market value other off-farm site that could be used as lesser of the outstanding principal and of the property or the FSA debt against a basis for a farming operation. For interest of the loan or the fair market the property, whichever is greater. agencies other than FSA, real property value of the property as determined by 5. Section 1955.15(b)(3) is amended that could be used to carry out the an appraisal. by revising the reference to objectives of the Agency’s loan program (C) The assumed loan shall be treated ‘‘§ 1955.137(e)’’ in the first sentence to with financing provided through that as though it is a regular Indian Land read ‘‘§ 1955.137(c)’’ and the reference program. Surplus property. For FSA inventory Acquisition Loan made in accordance to ‘‘§ 1955.137(b)’’ in the first sentence property, real property that cannot be with subpart N of part 1823 of this to read ‘‘§ 1955.137(c).’’ used for agricultural purposes including chapter. 6. Exhibit G of subpart A is amended nonfarm properties. For other agencies, (3) If a Native American borrower- by removing the words ‘‘County property that cannot be used to carry owner does not voluntarily convey the Supervisor’’ and ‘‘State Director’’ and out the objectives of financing available real property to FSA, not less than 30 adding in their place, the words ‘‘County Official’’ and ‘‘State Executive through the applicable loan program. days before a foreclosure sale of the 9. Section 1955.63 is amended by Director,’’ respectively and by revising property, FSA will provide written revising the introductory text and the heading of the exhibit and the first notice to the Indian tribe that has paragraphs (a) and (b) to read as follows: jurisdiction over the reservation in paragraph to read as follows: which the real property is located of the Exhibit G of Subpart A—Worksheet for § 1955.63 Suitability determination. following: Accepting a Voluntary Conveyance As soon as real property is acquired, (i) The sale; of Farm Credit Program Security a determination must be made as to (ii) The fair market value of the Property into Inventory whether or not the property can be used property; and lllllllllllllllllllll for program purposes. The suitability (iii) The ability of the Native (present owner/borrower) determination will be recorded in the American borrower-owner to require the Refer to Exhibit I in FmHA Instruction 1951– running record of the case file. assignment of the loan and security S for guidance in estimating the incomes and (a) Determination. Property which instruments either to the Secretary of expenses to be used in this exhibit. The secured loans or was acquired under the the Interior or the tribe (and the holding period to be used is 105 days (3.5 CONACT will be classified as suitable consequences of either action) as months). or surplus in accordance with the provided in § 1955.9(c)(2). * * * * * definitions for‘‘suitable’’ and ‘‘surplus’’ Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44397 found in § 1955.53 of this subpart. For following conditions. Except for farm commitment to finance the purchase of FSA property, the county committee property proposed for a lease under the the property. will make this determination. For other Homestead Protection Program, any (E) Chattel property will not normally agencies, this determination will be property that is listed or eligible for be leased unless it is attached to the real made by the State Director, or designee. listing on the National Register of estate as a fixture or would normally (b) Grouping and subdividing farm Historic Places may be leased only after pass with the land. properties larger than family-size. The the servicing official and the State (F) The property may not be used for county official will subdivide farm Historic Preservation Officer determine any purpose that will contribute to properties larger than family-size that the lease will adequately ensure the excessive erosion of highly erodible whenever possible into parcels for the property’s condition and historic land or to conversion of wetlands to purpose of creating one or more suitable character. produce an agricultural commodity. See farm properties. Properties may also be (i) SFH. SFH inventory will generally Exhibit M of subpart G of part 1940 of subdivided to facilitate the granting or not be leased; however, if unusual this chapter. All prospective lessees of selling of a conservation easement or the circumstances indicate leasing may be inventory property will be notified in fee title transfer of portions of a property prudent, the county official is writing of the presence of highly for conservation purposes. Such land authorized to approve the lease. erodible land, converted wetlands and shall be subdivided into parcels of land (ii) MFH. MFH projects will generally wetland and other important resources the shape and size of which are suitable not be leased, although individual living such as threatened or endangered for farming, the value of which shall not units may be leased under a species. This notification will include a exceed the direct farm ownership loan management agreement. After the copy of the completed and signed Form limit of $200,000 or the guaranteed farm property is placed under a management SCS–CPA–26, ‘‘Highly Erodible Land ownership loan limit of $300,000. The contract, the contractor will be and Wetland Conservation county official may also group two or responsible for leasing the individual Determination,’’ which identifies whether the property contains wetland more individual properties into one or units in accordance with subpart C of or converted wetlands or highly more suitable farm properties. The part 1930 of this chapter. In cases where erodible land. The notification will also environmental effects will also be an acceptable management contract state that the lease will contain a considered pursuant to subpart G of part cannot be obtained, the District Director restriction on the use of such property 1940 of this chapter. Also refer to may execute individual leases. § 1955.140 of subpart C of this part. and that the Agency’s compliance (iii) Farm property. (A) Any property * * * * * requirements for wetlands, converted which secures an insured loan made wetlands, and highly erodible lands are 10. Section 1955.66 is revised to read under the CONACT and which contains as follows: contained in Exhibit M of subpart G of a dwelling (whether located on or off part 1940 of this chapter. Additionally, § 1955.66 Lease of real property. the farm) that is possessed and occupied a copy of the completed and signed When inventory real property, except as a principal residence by a prior Form SCS–CPA–26 will be attached to for FSA and MFH properties, cannot be owner who was personally liable for a the lease and the lease will contain a sold promptly, or when custodial Farm Credit Programs loan must first be special stipulation as provided on the property is subject to lengthy considered for Homestead Protection in FMI to Form RD 1955–20, ‘‘Lease of liquidation proceedings, leasing may be accordance with subpart S of part 1951 Real Property,’’ prohibiting the use of used as a management tool when it is of this chapter. the property as specified above. clearly in the best interest of the (B) Other than for Homestead (iv) Organization property other than Government. Leasing will not be used as Protection and except as provided in MFH. Only the State Director, with the a means of deferring other actions paragraph (c), the county official may advice of appropriate National Office which should be taken, such as only approve the lease of farm property staff, may approve the lease of liquidation of loans in abandonment to a beginning farmer or rancher who organization property other than MFH, cases or repair and sale of inventory was selected through the random such as community facilities, recreation property. Leases will provide for selection process to purchase the projects, and businesses. A lease of cancellation by the lessee or the Agency property but is not able to complete the utilities may require approval by State on 30-day written notice unless Special purchase due to the lack of Agency regulatory agencies. Stipulations in an individual lease for funding. (b) Selection of lessees for other than good reason provide otherwise. If (C) When the servicing official farm property. When the property to be extensive repairs are needed to render a determines it is impossible to sell farm leased is residential, a special effort will custodial property suitable for property after advertising the property be made to reach prospective lessees occupancy, this will preclude its being for sale and negotiating with interested who might not otherwise apply because leased since repairs must be limited to parties in accordance with §1955.107 of of existing community patterns. A lessee those essential to prevent further subpart C of this part, farm property will be selected considering the deterioration of the security in may be leased, upon the approval of the potential as a program applicant for accordance with § 1955.55(c) of this Administrator, on a case-by-case basis. purchase of the property (if property is subpart. The requirements of subpart G This authority cannot be delegated. Any suited for program purposes) and ability of part 1940 of this chapter will be met lease under this paragraph shall be for to preserve the property. The leasing for all leases. 1 year only, and not subject to renewal official may require verification of (a) Authority to approve lease of or extension. If the servicing official income or a credit report (to be paid for property. (1) Custodial property. determines that the prospective lessee by the prospective lessee) as he or she Custodial property may be leased may be interested in purchasing the deems necessary to assure payment pending foreclosure with the servicing property, the lease may contain an ability and creditworthiness of the official approving the lease on behalf of option to purchase. prospective lessee. the Agency. (D) When a lease with an option to (c) Selection of lessees for FSA (2) Inventory property. Inventory purchase is signed, the lessee should be property. FSA inventory property may property may be leased under the advised that FSA cannot make a only be leased to an eligible beginning 44398 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations farmer or rancher who was selected to (6) Properties within a reservation servicing official or the contractor, and purchase the property through the formerly owned by entities and non- delivered to the prospective lessee or random selection process in accordance tribal members will be treated as regular tenant at least one day before the lease with §1955.107(a)(2)(ii) of subpart C of inventory that is not located on an is signed. A copy of the notice will be this part. The applicant must have been Indian Reservation and disposed of attached to the original and each copy able to demonstrate a feasible farm plan pursuant to this part. of the lease. Property containing and Agency funds must have been (e) Lease amount. Inventory property floodplains and wetlands will be leased unavailable at the time of the sale. Any will be leased for an amount equal to subject to the same use restrictions as applicant determined not to be a that for which similar properties in the contained in § 1955.137(a)(1) of subpart beginning farmer or rancher may request area are being leased or rented (market C of this part. that the State Executive Director rent). Inventory property will not be (g) Highly erodible land. If farm conduct an expedited review in leased for a token amount. inventory property contains ‘‘highly accordance with §1955.107(a)(2)(ii) of (1) Farm property. To arrive at a erodible land,’’ as determined by the subpart C of this part. market rent amount, the county official NRCS, the lease must include (d) Property securing Farm Credit will make a survey of lease amounts of conservation practices specified by the Programs loans located within an farms in the immediate area with NRCS and approved by FSA as a Indian Reservation. (1) State Executive similar soils, capabilities, and income condition for leasing. Directors will contact the Bureau of potential. The income-producing (h) Lease of FSA property with option Indian Affairs Agency supervisor to capability of the property during the to purchase. A beginning farmer or determine the boundaries of Indian term of the lease must also be rancher lessee will be given an option Reservations and Indian allotments. considered. This rental data will be to purchase farm property. Terms of the (2) Not later than 90 days after maintained in an operational file as well option will be set forth as part of the acquiring a property, FSA will afford as in the running records of case files for lease as a special stipulation. the Indian tribe having jurisdiction over leased inventory properties. While cash (1) The lease payments will not be the Indian reservation within which the rent is preferred, the lease of a farm on applied toward the purchase price. inventory property is located an a crop-share basis may be approved if (2) The purchase price (option price) opportunity to purchase the property. this is the customary method in the will be the advertised sales price as area. The lessee will market the crops, The purchase shall be in accordance determined by an appraisal prepared in provide FSA with documented evidence with the priority rights as follows: accordance with subpart E of part 1922 of crop income, and pay the pro rata (i) To a member of the Indian tribe of this chapter. share of the income to FSA. (3) For inventory properties leased to that has jurisdiction over the reservation (2) SFH property. The lease amount a beginning farmer or rancher applicant, within which the real property is will be the market rent unless the lessee the term of the lease shall be the earlier located; is a potential program applicant, in of: (ii) To an Indian corporate entity; which case the lease amount may be set (i) A period not to exceed 18 months (iii) To the Indian tribe. at an amount approximating the from the date that the applicant was (3) The Indian tribe having monthly payment if a loan were made selected to purchase the inventory farm, jurisdiction over the Indian reservation (reflecting payment assistance, if any) or may revise the order of priority and may calculated on the basis of the price of (ii) The date that direct, guaranteed, restrict the eligibility for purchase to: the house and income of the lessee, plus credit sale or other Agency funds (i) Persons who are members of such 1⁄12 of the estimated real estate taxes, become available for the beginning Indian tribe; property insurance, and maintenance farmer or rancher to close the sale. (ii) Indian corporate entities that are which would be payable by a (4) Indian tribes or tribal corporations authorized by such Indian tribe to homeowner. which utilize the Indian Land purchase lands within the boundaries of (3) Property other than farm or SFH. Acquisition program will be allowed to the reservation; or Any inventory property other than a purchase the property for its market (iii) The Indian tribe itself. farm or single-family dwelling will value less the contributory value of the (4) If any individual, Indian corporate generally be leased for market rent for buildings, in accordance with subpart N entity, or Indian tribe covered in that type property in the area. However, of part 1823 of this chapter. paragraphs (d)(1) and (d)(2) of this such property may be leased for less (i) Costs. The costs of repairs to leased section wishes to purchase the property, than market rent with prior approval of property will be paid by the the county official must determine the the Administrator. Government. However, the Government prospective purchaser has the financial (f) Property containing wetlands or will not pay costs of utilities or any resources and management skills and located in a floodplain or mudslide other costs of operation of the property experience that is sufficient to assure a hazard area. Inventory property located by the lessee. Repairs will be obtained reasonable prospect that the terms of the in areas identified by the Federal pursuant to subpart B of part 1924 of purchase agreement can be fulfilled. Insurance Administration as special this chapter. Expenditures on custodial (5) If the real property is not flood or mudslide hazard areas will not property as limited in § 1955.55 (c) (2) purchased by any individual, Indian be leased or operated under a of this subpart will be charged to the corporate entity or Indian tribe pursuant management contract without prior borrower’s account as recoverable costs. to paragraphs (d)(1) and (d)(2) of this written notice of the hazard to the (j) Security deposit. A security deposit section and all appeals have concluded, prospective lessee or tenant. If property in at least the amount of one month’s the State Executive Director shall is leased by FSA, the servicing official rent will be required from all lessees of transfer the property to the Secretary of will provide the notice, and if property SFH properties. The security deposit for the Interior if they are agreeable. If is leased under a management contract, farm property should be determined by present on the property being the contractor must provide the notice considering only the improvements or transferred, important resources will be in compliance with a provision to that facilities which might be subject to protected as outlined in §§1955.137 and effect included in the contract. The misuse or abuse during the term of the 1955.139 of subpart C of this part. notice must be in writing, signed by the lease. For all other types of property, the Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44399 leasing official may determine whether above, please contact our office. If the Tribe § 1955.106 Disposition of farm property. or not a security deposit will be wishes to purchase the property, but is (a) Rights of previous owner and required and the amount of the deposit. unable to do so at this time, contact with the notification. Before property which (k) Lease form. Form RD 1955–20 FSA county office should be made. secured a Farm Credit Programs loan is approved by OGC will be used by the Sincerely, taken into inventory, the FSA county agency to lease property. County official official will advise the borrower-owner (l) Lease income. Lease proceeds will of Homestead Protection rights (see be remitted according to subpart B of Subpart CÐDisposal of Inventory subpart S of part 1951 of this chapter.) part 1951 of this chapter. Property * * * * * (1) Custodial property. The proceeds 12. Section 1955.102 is amended by (c) Nonprogram (NP) borrowers. from a lease of custodial property will revising the fifth sentence to read as Nonprogram (NP) borrowers are not be applied to the borrower’s account as follows: eligible for Homestead Protection an extra payment unless foreclosure provisions as set forth in subpart S of proceedings require that such payments § 1955.102 Policy. part 1951 of this chapter. When it is be held in suspense. *** Examples are: (RH) property; determined that all conditions of (2) Inventory property. The proceeds detached Labor Housing or Rural Rental § 1951.558(b) of subpart L of part 1951 from a lease of inventory property will Housing units may be sold as SFH units; of this chapter have been met, loans for be applied to the lease account. or SFH units may be sold as a Rural unauthorized assistance will be treated 11. Exhibit B of subpart B is revised Rental Housing project. *** as authorized loans and will be eligible to read as follows. 13. Section 1955.103 is amended by for homestead protection. Exhibit B—Notification of Tribe of removing the number ‘‘15’’ and 16. Section 1955.107 is revised to read Availability of Farm Property for replacing it with the number ‘‘25’’ in the as follows: first sentence of paragraph (5) of the Purchase § 1955.107 Sale of FSA property (To Be Used By Farm Service Agency to definition of ‘‘Beginning farmer or (CONACT). Notify Tribe) rancher,’’ by removing the definitions FSA inventory property will be From: County official for ‘‘Agricultural production unit,’’ advertised for sale in accordance with To: (Name of Tribe and address) ‘‘Cropland,’’ ‘‘Forage production area,’’ the provisions of this subpart. If a Subject: Availability of Farm Property for ‘‘Leaseback/Buyback,’’ ‘‘Leaseback/ request is received from a Federal or Purchase Buyback Property,’’ ‘‘Marketable [To be Used within 90 days of acquisition] State agency for transfer of a property agricultural production unit comparable Recently the Farm Service Agency (FSA) for conservation purposes, the acquired title to llll acres of farm real to that acquired,’’ and ‘‘Previous advertisement should be conditional on property located within the boundaries of operator,’’ and by revising the that possibility. Real property will be your Reservation. The previous owner of this definitions of ‘‘Suitable property’’ and llll managed in accordance with the property was . The property is ‘‘Surplus property’’ to read as follows: provisions of subpart B of this part until available for purchase by persons who are sold. members of your tribe, an Indian Corporate § 1955.103 Definitions. (a) Suitable Property. Not later than entity, or the tribe itself. Our regulations * * * * * provide for those three distinct priority Suitable property. For FSA inventory 15 days from the date of acquisition, the categories which may be eligible; however, property, real property that can be used Agency will advertise suitable property you may revise the order of the priority for agricultural purposes, including for sale. For properties currently under categories and may restrict the eligibility to those farm properties that may be used a lease, except leases to beginning one or any combination of categories. as a start-up or add-on parcel of farmers and ranchers under Following is a more detailed description of § 1955.66(a)(2)(iii) of subpart B of this these categories: farmland. It would also include a residence or other off-farm site that part, the property will be advertised for 1. Persons who are members of your Tribe. sale not later than 60 days after the lease could be used as a basis for a farming Individuals so selected must be able to meet expires or is terminated. There will be the eligibility criteria for the purchase of operation. For Agencies other than FSA, a preference for beginning farmers or Government inventory property and be able real property that could be used to carry ranchers. The advertisement will to carry on a family farming operation. Those out the objectives of the Agency’s loan contain a provision to lease the property persons not eligible for FSA’s regular programs with financing provided to a beginning farmer or rancher for up programs may also purchase this property as through that program. a Non-Program loan on ineligible rates and Surplus property. For FSA inventory to 18 months should FSA credit terms. property, real property that cannot be assistance not be available at the time of 2. Indian corporate entities. You may sale. The first advertisement will not be restrict eligible Indian corporate entities to used for agricultural purposes including nonfarm properties. For other agencies, required to contain the sales price but those authorized by your Tribe to purchase it should inform potential beginning lands within the boundaries of your property that cannot be used to carry Reservation. These entities also must meet out the objectives of financing available farmer or rancher applicants that the basic eligibility criteria established for through the applicable loan program. applications will be accepted pending the type of assistance granted. completion of the advertisement 3. The Tribe itself is also considered § 1955.105 [Amended] process. When possible, the sale of eligible to exercise their right to purchase the 14. Section 1955.105 is amended by suitable FSA property should be property. If available, Indian Land removing the words ‘‘Leaseback/ handled by county officials. Farm Acquisition funds may be used or the Buyback and,’’ removing the word ‘‘are’’ property will be advertised for sale by property financed as a Non-Program loan on and replacing it with the word ‘‘is’’ in publishing, as a minimum, two weekly ineligible rates and terms. advertisements in at least two We are requesting that you notify the local the last sentence of paragraph (a) and FSA county office of your selection or revising the reference ‘‘§1955.137(f)’’ to newspapers that are widely circulated intentions within 45 days of receipt of this read ‘‘§1955.137(d)’’ in paragraph (d). in the area in which the farm is located. letter, regarding the purchase of this real 15. Section 1955.106 is amended by Consideration will be given to estate. If you have questions regarding revising paragraphs (a) and (c) to read as advertising inventory properties in eligibility for any of the groups mentioned follows: major farm publications. Either Form 44400 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations

RD 1955–40 or Form RD 1955–41, public, and applicants will be advised sale by sealed bid or auction to the ‘‘Notice of Sale,’’ will be posted in a of the time and place. highest bidder as provided in paragraph prominent place in the county. (iii) Notification of applicants not (b)(1) of this section. All prospective Maximum publicity should be given to selected to purchase suitable farmland. buyers will be notified in writing as a the sale under guidance provided by When the Agency selects an applicant to part of the property advertisement of the § 1955.146 of this subpart and care purchase suitable farmland, in presence of highly erodible land, should be taken to spell out eligibility accordance with this paragraph, all converted wetlands, floodplains, criteria. Tribal Councils or other applicants not selected will be notified wetlands, or other special recognized Indian governing bodies in writing that they were not selected. characteristics of the property that may having jurisdiction over Indian The outcome of the random selection by limit its use or cause an easement to be reservations (see § 1955.103 of this lot is not appealable if such selection is placed on the property. subpart) shall be responsible for conducted in accordance with this (1) Advertising surplus property. FSA notifying those parties in § 1955.66(d)(2) subpart. will advertise surplus property for sale of subpart B of this part. (3) Credit sale procedure. Subject to by sealed bid or auction within 15 days (1) Price. Property will be advertised the availability of funds, credit sale to from the date of acquisition or, for those for sale for its appraised market value program applicants will be processed as suitable properties not sold to beginning based on the condition of the property follows: farmers or ranchers in accordance with at the time it is made available for sale. (i) The interest rate charged by the the provisions or paragraph (a) of this The market value will be determined by Agency will be the lower of the interest section, within 75 days of the date of an appraisal made in accordance with rates in effect at the time of loan acquisition. subpart E of part 1922 of this chapter. approval or closing. (2) Sale by sealed bid or auction. Property contaminated with hazardous (ii) The loan limits for the requested Surplus real estate must be offered for waste will be appraised ‘‘as improved’’ type of assistance are applicable to a public sale by sealed bid or auction and which will be used as the sale price for credit sale to an eligible applicant. must be sold no later than 105 days advertisement to beginning farmers or (iii) Title clearance and loan closing from the date of acquisition to the ranchers. for a credit sale and any subsequent highest bidder. Preference will be given (2) Selection of purchaser. After loan to be closed simultaneously must to a cash offer which is at least *percent homestead protection rights have be the same as for an initial loan except of the highest offer requiring credit. expired, suitable farmland must be sold that: (*Refer to Exhibit B of RD Instruction in the priority outlined in this (A) Form RD 1955–49, ‘‘Quitclaim 440.1 (available in any Agency office) paragraph. When farm inventory Deed,’’ or other form of nonwarranty for the current percentage.) Equally property is larger than family size, the deed approved by the Office of the acceptable sealed bid offers will be property will be subdivided into General Counsel (OGC) will be used. decided by lot. suitable family size farms pursuant to (B) The buyer will pay attorney’s fees (3) Negotiated sale. If no acceptable § 1955.140 of this subpart. and title insurance costs, recording fees, bid is received through the sealed bid or (i) Sale to Beginning Farmers/ and other customary fees unless they are auction process, the State Executive Ranchers. Not later than 75 days from included in a subsequent loan. A Director will sell surplus property at the the date of acquisition, FSA will sell subsequent loan may not be made for maximum price obtainable without suitable farm property, with a priority the primary purpose of paying closing further public notice by negotiation given to applicants who are classified as costs and fees. with interested parties, including all beginning farmers or ranchers, as (iv) Property sold on credit sale may previous bidders. The rates and terms defined in § 1955.103 of this subpart, as not be used for any purpose that will offered for a credit sale through of the time of sale. contribute to excessive erosion of highly negotiation will be within the (ii) Random selection. The county erodible land or to the conversion of limitations established in paragraph (b) official will first determine whether wetlands to produce an agricultural (4) of this section. A sale made through applicants meet the eligibility commodity, see Exhibit M of subpart G negotiation will require a bid deposit of requirements of a beginning farmer or of part 1940 of this chapter. All not less than 10 percent of the rancher. For applicants who are not prospective buyers will be notified in negotiated price in the form of a determined to be beginning farmers or writing as a part of the property cashier’s check, certified check, postal ranchers, they may request that the State advertisement of the presence of highly or bank money order, or bank draft Executive Director provide an expedited erodible land and wetlands on payable to FSA. Preference will be given review and determination of whether inventory property. to a cash offer which is at least * percent the applicant is a beginning farmer or (b) Surplus Property and Suitable of the highest offer requiring credit. rancher for the purpose of acquiring Property not sold to a Beginning Farmer [*Refer to Exhibit B of RD Instruction inventory property. This review shall or Rancher. Except where a lessee is 440.1 (available in any Agency office) take place not later than 30 days after exercising the option to purchase under for the current percentage.] Equally denial of the application. The State the Homestead Protection provision of acceptable offers will be decided by lot. Executive Director’s review decision subpart S of part 1951 of this chapter, (4) Rates and terms. Subject to the shall be final and is not administratively surplus property will be offered for availability of funds, rates and terms for appealable. When there is more than public sale by sealed bid or auction Homestead Protection will be in one beginning farmer or rancher within 15 days from the date of accordance with subpart S of part 1951 applicant, the Agency will select by lot acquisition in accordance with of this chapter. Sales of suitable by placing the names in a receptacle and §1955.147 or §1955.148 of this subpart. property offered to program eligible drawing names sequentially. Drawn Suitable farm property which has been applicants will be on rates and terms offers will be numbered and those advertised for sale to a beginning farmer provided in subpart A of part 1943 of drawn after the first drawn name will be or rancher in accordance with this chapter. Surplus property and held in suspense pending sale to the §1955.107 (a) of this subpart but has not suitable property which has not been successful applicant. The random sold within 75 days from the date of sold to program eligible applicants will selection drawing will be open to the acquisition will be offered for public be offered for cash or on ineligible terms Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44401 in accordance with subpart J of part Barrier Resources System (CBRS). (1) (iii) For purposes of this section, 1951 of this chapter. The State Use restrictions. Executive Order 11988, additional development means the Executive Director will determine the ‘‘Floodplain Management,’’ and expansion, but not maintenance, loan terms for surplus property within Executive Order 11990, ‘‘Protection of replacement-in-kind, reconstruction, or these limitations. A credit sale made on Wetlands,’’ require the conveyance repair of any roads, structures or ineligible terms will be closed at the instrument for inventory property facilities. Water and waste disposal interest rate in effect at the time the containing floodplains or wetlands facilities as well as community facilities credit sale was approved. After which is proposed for lease or sale to may be repaired to the extent required extensive sales efforts where no specify those uses that are restricted to meet health and safety requirements, acceptable offer has been received, the under identified Federal, State and local but may not be improved or expanded State Executive Director may request the floodplains or wetlands regulations as to serve new users, patients or residents. Administrator to permit offering surplus well as other appropriate restrictions. (iv) A sale which is not in conflict property for sale on more favorable rates The restrictions shall be to the uses of with the limitations in paragraph and terms; however, the terms may not the property by the lessee or purchaser (a)(3)(ii) of this section shall not be be more favorable than those legally and any successors, except where completed until the approval official permissible for eligible borrowers. prohibited by law. Applicable has consulted with the appropriate Surplus property will be offered for sale restrictions will be incorporated into Regional Director of the U.S. Fish and for cash or terms that will provide the quitclaim deeds in a format similar to Wildlife Service and the Regional best net return for the Government. The that contained in Exhibits H and I of RD Director concurs that the proposed sale term of financing extended may not be Instruction 1955–C (available in any does not violate the provisions of the longer than the period for which the Agency office). A listing of all CBRA. property will serve as adequate security. restrictions will be included in the (v) Any proposed sale that does not All credit sales on ineligible terms will notices required in paragraph (a)(2) of conform to the requirements of be identified as NP loans. this section. paragraph (a)(3)(ii) of this section must 17. Section 1955.108 is revised to read (2) Notice of hazards. Acquired real be forwarded to the Administrator for as follows: property located in an identified special review. Approval will not be granted flood or mudslide hazard area as unless the Administrator determines, §1955.108 Sale of (CONACT) property defined in, subpart B of part 1806 of this through consultation with the other than FSA property. Department of Interior, that the chapter will not be sold for residential Program officials will immediately proposed sale does not violate the purposes unless determined by the contact the National Office whenever provisions of the CBRA. county official or district director to be they acquire real property to obtain (b) Wetlands located on FSA safe (that is, any hazard that exists further instructions on the time frames inventory property. Perpetual wetland would not likely endanger the safety of and procedures for advertising and conservation easements (encumbrances dwelling occupants). disposing of such property. in deeds) to protect and restore (3) Limitations placed on financial wetlands or converted wetlands that § 1955.109 [Amended] assistance. (i) Financial assistance is exist on suitable or surplus inventory 18. Section 1955.109 is amended by limited to property located in areas property will be established prior to sale adding the word ‘‘FSA’’ before the word where flood insurance is available. of such property. The provisions of ‘‘applicants’’ in the second sentence of Flood insurance must be provided at paragraphs (a) (2) and (3) of this section paragraph (a) and by removing the closing of loans on program-eligible and also apply, as does paragraph (a)(1) of words ‘‘Farmer Credit Programs’’ and nonprogram (NP)-ineligible terms. this section insofar as floodplains are adding in their place the word ‘‘FSA’’ in Appraisals of property in flood or concerned. This requirement applies to the third sentence of paragraph (a). mudslide hazard areas will reflect this either cash or credit sales. Similar condition and any restrictions on use. restrictions will be included in leases of § 1955.122 [Amended] Financial assistance for substantial inventory properties to beginning 19. Section 1955.122 is amended by improvement or repair of property farmers or ranchers. Wetland removing paragraph (b) and located in a flood or mudslide hazard conservation easements will be redesignating paragraphs (c) through (g) area is subject to the limitations established as follows: as paragraphs (b) through (f), outlined in, paragraph 3b (1) and (2) of (1) All wetlands or converted respectively. Exhibit C of subpart G of part 1940. wetlands located on FSA inventory § 1955.130 [Amended] (ii) Pursuant to the requirements of property which were not considered the Coastal Barrier Resources Act 20. Section 1955.130 is amended by cropland on the date the property was (CBRA) and except as specified in acquired and were not used for farming adding the words ‘‘and surplus FSA’’ paragraph (a)(3)(v) of this section, no before ‘‘CONACT’’ in the heading and at any time during the period beginning credit sales will be provided for on the date 5 years before the property revising the reference ‘‘§ 1955.106’’ to property located within a CBRS where: read ‘‘§ 1955.107’’ in paragraph (c)(5), was acquired and ending on the date the (A) It is known that the purchaser and revising the heading ‘‘Surplus property was acquired will receive a plans to further develop the property; CONACT’’ to read ‘‘Suitable and wetland conservation easement. (B) A subsequent loan or any other (2) All wetlands or converted Surplus Non-FSA CONACT’’ and type of Federal financial assistance as wetlands located on FSA inventory revising the reference ‘‘§ 1955.107’’ to defined by the CBRA has been requested property that were considered cropland read ‘‘§ 1955.108’’ in paragraph (c)(6). 21. Section 1955.137 is revised to read for additional development of the on the date the property was acquired as follows: property; or were used for farming at any time (C) The sale is inconsistent with the during the period beginning on the date § 1955.137 Real property located in special purpose of the CBRA; or 5 years before the property was acquired areas or having special characteristics. (D) The property to be sold was the and ending on the date the property was (a) Real property located in flood, subject of a previous financial acquired will not receive a wetland mudslide hazard, wetland or Coastal transaction that violated the CBRA. conservation easement. 44402 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations

(3) The following steps should be fish and wildlife agency having purchaser through a notice procedure taken in determining if conservation counterpart responsibilities to the FWS similar to that in §1955.13(a)(2) of this easements are necessary for the is willing to assume easement subpart. protection of wetlands or converted management and administration (d) Highly erodible farmland. (1) The wetland on inventory property: responsibilities. The costs associated FSA county official will determine if (i) NRCS will be contacted first to with such easement management any inventory property contains highly identify the wetlands or converted responsibilities shall be the erodible land as defined by the NRCS wetlands and wetland boundaries of responsibility of the agency that and, if so, what specific conservation each wetland or converted wetland on assumes easement management and practices will be made a condition of a inventory property. administration. sale of the property. (ii) After receiving the wetland (8) County officials are encouraged to (2) If the county official does not determination from NRCS, the FSA begin the easement process before the concur in the need for a conservation county committee will review the property is taken into inventory, if practice recommended by NRCS, any determination for each inventory possible, in order to have the program differences shall be discussed with the property and determine if any of the completed before the statutory time recommending NRCS office. Failure to wetlands or converted wetlands requirement for sale. reach an agreement at that level shall identified by NRCS were considered (c) Historic preservation. (1) Pursuant require the State Executive Director to cropland on the date the property was to the requirements of the National make a final decision after consultation acquired or were used for farming at any Historic Preservation Act and Executive with the NRCS State Conservationist. time during the period beginning on the Order 11593, ‘‘Protection and (3) Whenever NRCS technical date 5 years before the property was Enhancement of the Cultural assistance is requested in implementing acquired and ending on the date the Environment,’’ the Agency official these requirements and NRCS responds property was acquired. Property will be responsible for the conveyance must that it cannot provide such assistance considered to have been used for determine if the property is listed on or within a time frame compatible with the farming if it was primarily used for eligible for listing on the National proposed sale, the sale arrangements agricultural purposes including but not Register of Historic Places. (See subpart will go forward. The sale will proceed, limited to such uses as cropland, F of part 1901 of this chapter for conditioned on the requirement that a pasture, hayland, orchards, vineyards additional guidance.) The State Historic purchaser will immediately contact and tree farming. Preservation Officer (SHPO) must be (NRCS) have a conservation plan (iii) After the county committee has consulted whenever one of the developed and comply with this plan. completed their determination of following criteria are met: The county official will monitor the whether the wetlands or converted (i) The property includes a structure borrower’s compliance with the wetlands located on an inventory that is more than 50 years old. recommendations in the conservation property were used for cropland or (ii) Regardless of age, the property is plan. If problems occur in obtaining farming, the U.S. Fish and Wildlife known to be of historical or NRCS assistance, the State Executive Service (FWS) will be contacted. Based archaeological importance; has apparent Director should consult with the NRCS on the technical considerations of the significant architectural features; or is State Conservationist. potential functions and values of the similar to other Agency properties that (e) Notification to purchasers of wetlands on the property, FWS will have been determined to be eligible. inventory property with reportable identify those wetlands or converted (iii) An environmental assessment is underground storage tanks. If the wetlands that require protection with a required prior to a decision on the Agency is selling inventory property wetland conservation easement along conveyance. containing a storage tank which was with the boundaries of the required (2) If the result of the consultations reported to the Environmental wetland conservation easement. FWS with the SHPO is that a property may Protection Agency (EPA) pursuant to the may also make other recommendations be eligible or that it is questionable, an provisions of §1955.57 of subpart B of if needed for the protection of important official determination must be obtained this part, the potential purchaser will be resources such as threatened or from the Secretary of the Interior. informed of the reporting requirement endangered species during this review. (3) If a property is listed on the and provided a copy of the report filed (4) The wetland conservation National Register or is determined by the Agency. easement will provide for access to eligible for listing by the Secretary of (f) Real property that is unsafe. If the other portions of the property as Interior, the Agency official responsible Agency has in inventory, real property, necessary for farming and other uses. for the conveyance must consult with exclusive of any improvements, that is (5) The appraisal of the property must the SHPO in order to develop any unsafe, that is it does not meet the be updated to reflect the value of the necessary restrictions on the use of the definition of ‘‘safe’’ as contained in land due to the conservation easement property so that the future use will be §1955.103 of this subpart and which on the property. compatible with preservation objectives cannot be feasibly made safe, the State (6) Easement areas shall be described and which does not result in an Director or State Executive Director will in accordance with State or local laws. unreasonable economic burden to submit the case file, together with If State or local law does not require a public or private interest. The Advisory documentation of the hazard and a survey, the easement area can be Council on Historic Preservation must recommended course of action to the described by rectangular survey, plat be consulted by the State Director or National Office, ATTN: appropriate map, or other recordable methods. State Executive Director after the Deputy Administrator, for review and (7) In most cases the FWS shall be discussions with the SHPO are guidance. responsible for easement management concluded regardless of whether or not (g) Real property containing and administration responsibilities for an agreement is reached. hazardous waste contamination. All such areas unless the wetland easement (4) Any restrictions that are developed inventory property must be inspected area is an inholding in Federal or State on the use of the property as a result of for hazardous waste contamination property and that entity agrees to the above consultations must be made either through the use of a preliminary assume such responsibility, or a State known to a potential bidder or hazardous waste site survey or Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44403

Transaction Screen Questionnaire. If habitat for recovery pertaining to the conservation use of the property. The possible contamination is noted, a Phase Endangered Species Act. date and time for a public meeting I or II environmental assessment will be (E) Fish and wildlife habitats of local, should be advertised. completed per the advice of the State regional, State or Federal importance on (iii) Written notice must be provided Environmental Coordinator. lands that provide or have the potential to the Governor of the State in which 22. Section 1955.139 is amended by to provide habitat value to species of the property is located as well as at least revising the introductory text of Federal trust responsibility (e.g., one elected official of the county in paragraph (a)(3) and paragraph (c) to Migratory Bird Treaty Act, Anadromous which the property is located. The read as follows: Fish Conservation Act). notification should provide information (F) Aquifer recharges areas of local, on the request and solicit any comments §1955.139 Disposition of real property regional, State or Federal importance. regarding the proposed transfer. All rights and title to real property. (G) Areas of high water quality or procedural requirements in paragraph (a) * * * scenic value. (c) (3) of this section must be completed (3) For FSA properties only, (H) Areas containing historic or in 75 days. easements, restrictions, development cultural property; or (5) Determining priorities for transfer rights or similar legal rights may be (iii) A predominance of land with or inventory lands. granted or sold separately from the special management importance. This is (i) A Federal entity will be selected underlying fee or sum of all other rights land that meets the following criteria: over a State entity. possessed by the Government if such (A) Lands that are in holdings, lie (ii) If two Federal agencies request the conveyances are for conservation adjacent to, or occur in proximity to, same land tract, priority will be given to purposes and are transferred to a State, Federally or State-owned lands or the Federal agency that owns or controls a political subdivision of a State, or a interest in lands. property adjacent to the property in private nonprofit organization. (B) Lands that would contribute to the question or if this is not the case, to the Easements may be granted or sold to a regulation of ingress or egress of persons Federal agency whose mission or Federal agency for conservation or equipment to existing Federally or expertise best matches the conservation purposes as long as the requirements of State-owned conservation lands. purposes for which the transfer would §1955.139(c)(2) of this subpart are (C) Lands that would provide a be established. followed. If FSA has an affirmative necessary buffer to development if such (iii) In selecting between State responsibility such as protecting an development would adversely affect the agencies, priority will be given to the endangered species as provided for in existing Federally or State-owned lands. State agency that owns or controls paragraph (a)(3(v) of this section, the (D) Lands that would contribute to property adjacent to the property in requirements in §1955.139(c) of this boundary identification and control of question or if that is not the case, to the subpart do not apply. existing conservation lands. State agency whose mission or expertise * * * * * (2) When a State or Federal agency best matches the conservation (c) Transfer of FSA inventory property requests title to inventory property, the purpose(s) for which the transfer would for conservation purposes. (1) In State Executive Director will make a be established. accordance with the provisions of this preliminary determination as to whether (6) In cases where land transfer is paragraph, FSA may transfer, to a the property can be transferred. requested for conservation purposes that Federal or State agency for conservation (3) If a decision is made by the State would contribute directly to the purposes (as defined in paragraph Executive Director to deny a transfer furtherance of International Treaties or (a)(3)(i) of this section), inventory request by a Federal or State agency, the Plans (e.g., Migratory Bird Treaty Act or property, or an interest therein, meeting requesting agency will be informed of North American Waterfowl Management any one of the following three criteria the decision in writing and informed Plan), to the recovery of a listed and subject only to the homestead that they may request a review of the endangered species, or to a habitat of protection rights of all previous owners decision by the FSA Administrator. National importance (e.g., wetlands as having been met. (4) When a State or Federal agency addressed in the Emergency Wetlands (i) A predominance of the land being requests title to inventory property and Resources Act), priority consideration transferred has marginal value for the State Executive Director determines will be given to land transfer for agricultural production. This is land that the property is suited for transfer, conservation purposes, without that NRCS has determined to be either the following actions must be taken reimbursement, over other land disposal highly erodible or generally not used for prior to approval of the transfer: alternatives. cultivation, such as soils in classes IV, (i) At least two public notices must be (7) An individual property may be V, VII or VIII of NRCS’s Land Capability provided. These notices will be subdivided into parcels and a parcel can Classification, or published in a newspaper with a wide be transferred under the requirements of (ii) A predominance of land is circulation in the area in which the this paragraph as long as the remaining environmentally sensitive. This is land requested property is located. The parcels to be sold make up a viable sales that meets any of the following criteria: notice will provide information on the unit, suitable or surplus. (A) Wetlands, as defined in Executive proposed use of the property by the 23. Section 1955.140 is revised to read Order 11990 and USDA Regulation requesting agency and request any as follows: 9500. comments concerning the negative or (B) Riparian zones and floodplains as positive aspects of the request. A 30-day §1955.140 Sale in parcels. they pertain to Executive Order 11988. comment period should be established (a) Individual property subdivided. (C) Coastal barriers and zones as they for the receipt of comments. An individual property, other than Farm pertain to the Coastal Barrier Resources (ii) If requested, at least one public Credit Programs property, may be Act or Coastal Zone Management Act. meeting must be held to discuss the offered for sale as a whole or subdivided (D) Areas supporting endangered and request. A representative of the into parcels as determined by the State threatened wildlife and plants requesting agency should be present at Director. For MFH property, guidance (including proposed and candidate the meeting in order to answer will be requested from the National species), critical habitat, or potential questions concerning the proposed Office for all properties other than RHS 44404 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations projects. When farm inventory property that is widely advertised and held on a DEPARTMENT OF TRANSPORTATION is larger than a family-size farm, the regularly scheduled basis without county official will subdivide the solicitation. Form RD 1955–46 will be Federal Aviation Administration property into one or more tracts to be used for auction sales. At the auction, 14 CFR Part 39 sold in accordance with §1955.107 of successful bidders will be required to this subpart. Division of the land or make a bid deposit. For program and [Docket No. 97±CE±73±AD; Amendment 39± separate sales of portions of the suitable property, the bid deposit will 10111; AD 97±17±08] property, such as timber, growing crops, be the same as outlined in RIN 2120±AA64 inventory for small business enterprises, §1955.130(e)(1) of this subpart. For NP buildings, facilities, and similar items property sales, a bid deposit of 10 Airworthiness Directives; Raytheon may be permitted if a better total price percent is required. Deposits will be in Aircraft Company Model 1900D for the property can be obtained in this Airplanes (Formerly Known as Beech manner. Environmental effects should the form of cashier’s check, certified check, postal or bank money order or Aircraft Corporation Model 1900D also be considered pursuant to subpart Airplanes) G of part 1940 of this chapter. Any bank draft payable to the Agency, cash applicable State laws will be set forth in or personal checks may be accepted AGENCY: Federal Aviation a State supplement and will be when deemed necessary for a successful Administration, DOT. complied with in connection with the auction by the person conducting the ACTION: Final rule; request for division of land. Subdivision of auction. Where credit sales are comments. acquired property will be reported on authorized, all notices and publicity Form RD 1955–3C, ‘‘Acquired should provide for a method of prior SUMMARY: This amendment adopts a Property—Subdivision,’’ in accordance approval of credit and the credit limit new airworthiness directive (AD) that is applicable to Raytheon Aircraft with the FMI. for potential purchasers. This may Company (Raytheon) Model 1900D (b) Grouping of individual properties. include submission of letters of credit or airplanes (formerly known as Beech The county official for FCP cases, and financial statements prior to the auction. the State Director for all other cases, Aircraft Corporation Model 1900D The auctioneer should not accept a bid airplanes) that have not had the may authorize the combining of two or which requests credit in excess of the more individual properties into a single propeller removed and re-installed since market value. When the highest bid is factory installation. This action requires parcel for sale as a suitable program lower than the minimum amount property. inspecting the propeller mounting bolts acceptable to the Agency, negotiations 24. Section 1955.148 is revised to read for the proper torque and replacing or as follows: should be conducted with the highest re-torquing any propeller bolt with the bidder or in turn, the next highest wrong torque level. The manufacturer §1955.148 Auction sales. bidder or other persons to obtain an discovered some under-torqued This section provides guidance on the executed bid at the predetermined propeller mounting bolts during factory sale of all inventory property by minimum. Upon purchaser’s default, installation of the propeller. The actions auction, except FSA real property. the approval official will remit the bid specified by this AD are intended to Before an auction, the State Director, deposit as a Miscellaneous Collection prevent fatigue cracking and failure of with the advice of the National Office according to RD Instruction 1951–B the propeller mounting bolts, which if for organizational property, will (available in any agency office). The bid not detected and corrected, could result determine and document the minimum deposit will be remitted only when the in loss of the propeller. sale price acceptable. In determining a bidder defaults; otherwise it will be DATES: Effective September 24, 1997. minimum sale price, the State Director used at closing towards a down Comments for inclusion in the rules will consider the length of time the payment or closing costs, as applicable. docket must be received on or before October 30, 1997. property has been in inventory, The closing will be conducted in previous marketing efforts, the type accordance with the procedures ADDRESSES: Submit comments in property involved, and potential prescribed in this subpart for the type triplicate to the Federal Aviation purchasers. Program financing will be Administration (FAA), Central Region, property and program involved. offered on sales of program and Office of the Assistant Chief Counsel, property. For NP property, credit may Dated: June 30, 1997. Attention: Rules Docket 97–CE–73–AD, be offered to facilitate the sale. Credit, James W. Schroeder, Room 1558, 601 E. 12th Street, Kansas however, may not exceed the market Acting Under Secretary for Farm and Foreign City, Missouri 64106. value of the property nor may the term Agricultural Services. Service information that applies to this AD may be obtained from Raytheon exceed the period for which the Dated: July 8, 1997. property will serve as adequate security. Aircraft Company, 9709 E. Central, P.O. For program property sales, no Jill Long Thompson, Box 85, Wichita, Kansas 67201–0085. preference will be given to program Under Secretary for Rural Development. This information may also be examined purchasers. The State Director will also [FR Doc. 97–22004 Filed 8–20–97; 8:45 am] at the Federal Aviation Administration consider whether an Agency employee BILLING CODE 3410±05±P (FAA), Central Region, Office of the will conduct an auction or whether the Assistant Chief Counsel, Attention: services of a professional auctioneer are Rules Docket 97–CE–73–AD, Room necessary due to the complexity of the 1558, 601 E. 12th Street, Kansas City, sale. Missouri 64106. When the services of a professional FOR FURTHER INFORMATION CONTACT: Mr. auctioneer are advisable, the services Randy Griffith, Aerospace Engineer, will be procured by contract in Wichita Aircraft Certification Office, accordance with RD Instruction 2024-A Room 100, 1801 Airport Rd., Wichita, (available in any Agency Office). Chattel Kansas 67209; telephone (316) 946– property may be sold at public auction 4145; facsimile (316) 946–4407. Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44405

SUPPLEMENTARY INFORMATION: cause exists for making this amendment involves an emergency regulation under Discussion effective in less than 30 days. DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it Comments Invited The FAA has received three reports is determined that this emergency from operators and has recently been Although this action is in the form of regulation otherwise would be notified by Raytheon Aircraft Company a final rule that involves requirements significant under DOT Regulatory (Raytheon) (formerly known as Beech affecting immediate flight safety and, Policies and Procedures, a final Aircraft Corporation) that certain thus, was not preceded by notice and regulatory evaluation will be prepared Raytheon Model 1900D airplane opportunity to comment, comments are and placed in the rules docket propellers were inadvertently installed invited on this rule. Interested persons (otherwise, an evaluation is not with under-torqued propeller mounting are invited to comment on this rule by required). A copy of it, if filed, may be bolts at factory installation. The bolts submitting such written data, views, or obtained from the rules docket. were not being torqued to the end arguments as they may desire. List of Subjects in 14 CFR Part 39 torque requirement of 100 to 105 ft-lbs. Communications should identify the These bolts have a three stage, wet rules docket number and be submitted Air transportation, Aircraft, Aviation torque requirement ending at a value of in triplicate to the address specified safety, Safety. above. All communications received on 100 to 105 ft-lbs. Originally it was Adoption of the Amendment believed that the bolts were being or before the closing date for comments torqued to at least 80 ft-lbs (the second will be considered, and this rule may be Accordingly, pursuant to the stage of the torque procedure), but three amended in light of the comments authority delegated to me by the cases of bolts with less than 60 ft-lbs received. Factual information that Administrator, the Federal Aviation have been reported. The manufacturer supports the commenter’s ideas and Administration amends part 39 of the of the propeller and Raytheon notified suggestions is extremely helpful in Federal Aviation Regulations (14 CFR the owners/operators of the affected evaluating the effectiveness of the AD part 39) as follows: Model 1900D airplanes (serial numbers action and determining whether additional rulemaking action would be PART 39ÐAIRWORTHINESS (S/N) UE–176 through UE–280, UE–282 DIRECTIVES and UE–284) by ‘‘urgent action’’ letter. needed. If the propeller bolts are not torqued to Comments are specifically invited on 1. The authority citation for part 39 the right level, fatigue cracking could the overall regulatory, economic, continues to read as follows: result. environmental, and energy aspects of the rule that might suggest a need to Authority: 49 U.S.C. 106(g), 40113, 44701. Relevant Service Information modify the rule. All comments § 39.13 [Amended] submitted will be available, both before Raytheon has issued an urgent action 2. Section 39.13 is amended by and after the closing date for comments, Letter No. 52–0092, dated July 22, 1997, adding a new airworthiness directive in the rules docket for examination by which references the propeller bolt (AD) to read as follows: interested persons. A report that torque problem and the recommended summarizes each FAA-public contact 97–17–08. Raytheon Aircraft Company: action to fix the torque levels. concerned with the substance of this AD Amendment 39–10111; Docket No. 97– CE–73–AD. The FAA’s Determination will be filed in the rules docket. Commenters wishing the FAA to Applicability: Model 1900D airplanes (serial numbers UE–176 through UE–280, After examining the circumstances acknowledge receipt of their comments and reviewing all available information UE–282 and UE–284) certificated in any submitted in response to this rule must category, that have not had the propeller related to the incidents described above, submit a self-addressed, stamped including the relevant service removed and re-installed since factory postcard on which the following installation, or have not had the attaching information, the FAA has determined statement is made: ‘‘Comments to bolts re-torqued. that AD action should be taken to Docket No. 97–CE–73–AD.’’ The Note 1: This AD applies to each airplane prevent fatigue cracking and failure of postcard will be date stamped and identified in the preceding applicability the propeller mounting bolts, which if returned to the commenter. provision, regardless of whether it has been not detected and corrected, could result modified, altered, or repaired in the area in loss of the propeller. Regulatory Impact subject to the requirements of this AD. For airplanes that have been modified, altered, or Explanation of the Provisions of the AD The regulations adopted herein will not have substantial direct effects on the repaired so that the performance of the requirements of this AD is affected, the Since an unsafe condition has been States, on the relationship between the identified that is likely to exist or owner/operator must request approval for an national government and the States, or alternative method of compliance in develop in certain Raytheon Model on the distribution of power and accordance with paragraph (c) of this AD. 1900D airplanes of the same type design responsibilities among the various The request should include an assessment of that have not had the propeller removed levels of government. Therefore, in the effect of the modification, alteration, or and re-installed, this AD requires accordance with Executive Order 12612, repair on the unsafe condition addressed by inspecting the propeller mounting bolts it is determined that this final rule does this AD; and, if the unsafe condition has not for correct torque level, and re-torquing not have sufficient federalism been eliminated, the request should include or replacing the bolts as necessary. implications to warrant the preparation specific proposed actions to address it. of a Federalism Assessment. Compliance: Required within the next 50 Determination of the Effective Date of hours time-in-service (TIS), unless already the AD The FAA has determined that this regulation is an emergency regulation accomplished (accomplished according to Raytheon Aircraft Company Letter No. 52– Since a situation exists that requires that must be issued immediately to 0092, dated July 22, 1997). the immediate adoption of this correct an unsafe condition in aircraft, To prevent fatigue cracking and failure of regulation, it is found that notice and and is not a significant regulatory action the propeller mounting bolts, which if not opportunity for public prior comment under Executive Order 12866. It has detected and corrected, could result in loss hereon are impracticable, and that good been determined further that this action of the propeller, accomplish the following: 44406 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations

(a) Accomplish the following if the DEPARTMENT OF TRANSPORTATION pressure filters that may be installed on, airplane records indicate that the propeller but not limited to, the following has not been removed and re-installed since Federal Aviation Administration airplanes: the factory installation. (1) Remove spinner dome, cowling, and 14 CFR Part 39 Manufacturer Model hardware as required to access propeller [Docket No. 97±CE±71±AD; Amendment 39± Cessna Aircraft Com- 310R and T310R. attachment bolts. 10103; AD 97±16±10] (2) Reposition the beta system, using beta pany (Cessna). positioning tool, and remove the safety wire RIN 2120±AA64 Raytheon Aircraft E33A, F33A, V35A, Company V35B, 36, A36, 58, from the propeller mounting bolts (part Airworthiness Directives; RAPCO, Inc. (Raytheon) (for- 65±B80, 70, 95± number (P/N) B3347). Filter, Part Numbers RA±1J4±4, RA± merly known as B55, D55, E55. (3) Check the torque level of the P/N B3347 Beech Aircraft Cor- propeller bolts. 1J4±6, and RA±1J4±7 From Lot Numbers 05597, 07797, and 12597 poration). (i) If the torque is less than 60 ft-lbs, prior The New Piper Air- PA±31±300, PA±31± to further flight, replace the bolts with AGENCY: Federal Aviation craft, Inc. (Piper). 325, PA±31P, PA± another FAA-approved propeller bolt using Administration, DOT. 31P±350, PA±31T, PA±34±200T. the installation procedures and torque ACTION: Final rule; request for sequence detailed in the Model 1900D comments. Maintenance Manual (61–10–00) (A/Steps 1, This priority letter AD results from 2, and B/Step 3). SUMMARY: This document publishes in recent operator reports and the (ii) If torque is 60 ft-lbs or greater, torque the Federal Register an amendment manufacturer’s report of several cracked the bolts to a value of 100–105 ft-lbs using adopting Airworthiness Directive (AD) filter housings on RAPCO, Inc. in-line the torque sequence detailed in the Model 97–16–10, which was sent previously to pressure filters produced from lot 1900D Maintenance Manual (61–10–00) (B/ owners of airplanes known to have numbers 05597, 07797, and 12597 with Step 3). RAPCO, Inc. (RAPCO) in-line pressure part numbers (P/N) RA–1J4–4, RA–1J4– (4) Re-safety wire the propeller bolts and filters installed. This AD requires 6, and RA–1J4–7. This product is an in- remove the beta system positioning tool. removing RAPCO filters with part line pressure filter used on single and (5) Re-install the hardware, the spinner, numbers (P/N) RA–1J4–4, RA–1J4–6, twin-engine airplanes with pressure- and the cowlings. and RA–1J4–7 that are from Lot driven primary and standby flight (b) Special flight permits may be issued in Numbers 05597, 07797, and 12597. instruments (attitude gyros). The filters accordance with sections 21.197 and 21.199 Recent operator reports and the are designed to remove the carbon of the Federal Aviation Regulations (14 CFR manufacturer’s report of several cracked particles between the vacuum pump 21.197 and 21.199) to operate the airplane to filter housings on these RAPCO, Inc. in- outlet and the instrument pressure inlet. a location where the requirements of this AD line pressure filters prompted this AD. Failure of this filter results in failure of can be accomplished. The actions specified by this AD are the flight instruments, which could (c) An alternative method of compliance or intended to prevent failure of the flight cause loss of control of the airplane. adjustment of the compliance time that instruments during flight because of a Further investigation has revealed provides an equivalent level of safety may be failed in-line pressure filter, which that some of the plastic filter housings approved by the Manager, Wichita Aircraft could cause loss of control of the have cracked during flight when Certification Office, Room 100, 1801 Airport airplane. exposed to high temperatures and low Rd., Wichita, Kansas 67209. The request shall DATES: Effective September 18, 1997, to humidity conditions. The failure is be forwarded through an appropriate FAA occurring anytime between 2 and 6 Maintenance Inspector, who may add all persons except those to whom it was made immediately effective by priority hours time-in-service (TIS). The comments and then send it to the Manager, manufacturer discovered that the Wichita Aircraft Certification Office. letter AD 97–16–10, issued July 31, 1997, which contained the requirements vendor of the plastic made a Note 2: Information concerning the of this amendment. manufacturing change, moving the sonic existence of approved alternative methods of Comments for inclusion in the Rules weld machine and the housings into a compliance with this AD, if any, may be Docket must be received on or before high humidity area. Apparently, the obtained from Wichita Aircraft Certification October 17, 1997. sonic weld time was doubled due to a Office. higher moisture content in the plastic. ADDRESSES: Submit comments in (d) Information related to this AD may be This condition leads to brittle plastic triplicate to the Federal Aviation inspected at the FAA, Central Region, Office filter housings that crack when exposed Administration (FAA), Central Region, of the Assistant Chief Counsel, Room 1558, to low humidity/high temperature Office of the Assistant Chief Counsel, 601 E. 12th Street, Kansas City, Missouri ambient conditions. Attention: Rules Docket 97–CE–71–AD, 64106. This condition, if not corrected, could Room 1558, 601 E. 12th Street, Kansas (e) This amendment (39–10111) becomes result in failure of the operators’ flight City, Missouri 64106. effective on September 24, 1997. instruments during flight. FOR FURTHER INFORMATION CONTACT: Roy Issued in Kansas City, Missouri, on August The FAA’s Determination and 14, 1997. Boffo, Aerospace Engineer, Chicago Aircraft Certification Office, 2300 E. Explanation of the AD Michael Gallagher, Devon, Des Plaines, Illinois 60018, Since an unsafe condition has been Manager, Small Airplane Directorate, Aircraft telephone (847) 294–7564; facsimile identified that is likely to exist or Certification Service. (847) 294–7834. develop in airplanes that have RAPCO [FR Doc. 97–22146 Filed 8–20–97; 8:45 am] SUPPLEMENTARY INFORMATION: in-line pressure filters marked with part BILLING CODE 4910±13±U numbers RA–1J4–4, RA–1J4–6, or RA– Discussion 1J4–7 from Lot Numbers 05597, 07797, On July 31, 1997, the FAA issued or 12597 installed, the FAA issued priority letter AD 97–16–10, which priority letter AD 97–16–10 on July 31, applies to certain RAPCO in-line 1997, to prevent failure of the flight Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44407 instruments during flight because of a submitted will be available, both before § 39.13 [Amended] failed in-line pressure filter, which and after the closing date for comments, 2. Section 39.13 is amended by could cause loss of control of the in the Rules Docket for examination by adding a new airworthiness directive airplane. The AD requires removing the interested persons. A report that (AD) to read as follows: filters from service. summarizes each FAA-public contact 97–16–10 RAPCO, INC.: Amendment 39– Compliance Time concerned with the substance of this AD 10103; Docket No. 97-CE–71-AD. will be filed in the Rules Docket. The compliance time of this AD is Applicability: Filter Part Numbers (P/N) Commenters wishing the FAA to RA–1J4–4, RA–1J4–6, or RA–1J4–7 from Lot presented in calendar time instead of acknowledge receipt of their comments Numbers 05597, 07797, or 12597 installed hours time-in-service (TIS). The FAA submitted in response to this rule must on, but not limited to, the following has determined that a calendar time submit a self-addressed, stamped airplanes, certificated in any category: compliance is the most desirable postcard on which the following method because of the diversity of the statement is made: ‘‘Comments to Manufacturer Model affected fleet. Therefore, to ensure that Docket No. 97–CE–71–AD.’’ The Cessna Aircraft Com- 310R and T310R. the above-referenced condition is postcard will be date stamped and corrected within a reasonable period of pany (Cessna). returned to the commenter. Raytheon Aircraft E33A, F33A, V35A, time, a compliance schedule based upon Company V35B, 36, A36, 58, calendar time instead of hours TIS is Regulatory Impact (Raytheon) (for- 65±B80, 70, 95± utilized. The regulations adopted herein will merly known as B55, D55, E55. Determination of the Effective Date of not have substantial direct effects on the Beech Aircraft Cor- poration). the AD States, on the relationship between the The New Piper Air- PA±31±300, PA±31± Since it was found that immediate national government and the States, or craft, Inc. (Piper). 325, PA±31P, PA± corrective action was required, notice on the distribution of power and 31P±350, PA±31T, and opportunity for prior public responsibilities among the various PA±34±200T. comment thereon were impracticable levels of government. Therefore, in and contrary to the public interest, and accordance with Executive Order 12612, Note 1: This AD applies to each airplane with one or more of these filters installed that good cause existed to make the AD it is determined that this final rule does not have sufficient federalism is identified in the preceding applicability effective immediately by individual provision, regardless of whether it has been letters issued on July 31, 1997, to all implications to warrant the preparation of a Federalism Assessment. modified, altered, or repaired in the area known U.S. owners/operators of subject to the requirements of this AD. For airplanes that may have certain RAPCO The FAA has determined that this airplanes that have been modified, altered, or in-line pressure filters installed. regulation is an emergency regulation repaired so that the performance of the These conditions still exist, and the that must be issued immediately to requirements of this AD is affected, the AD is hereby published in the Federal correct an unsafe condition in aircraft, owner/operator must request approval for an Register as an amendment to section and is not a ‘‘significant regulatory alternative method of compliance in accordance with paragraph (d) of this AD. 39.13 of the Federal Aviation action’’ under Executive Order 12866. It has been determined further that this The request should include an assessment of Regulations (14 CFR 39.13) to make it the effect of the modification, alteration, or effective as to all persons. action involves an emergency regulation repair on the unsafe condition addressed by under DOT Regulatory Policies and Comments Invited this AD; and, if the unsafe condition has not Procedures (44 FR 11034, February 26, been eliminated, the request should include Although this action is in the form of 1979). If it is determined that this specific proposed actions to address it. a final rule that involves requirements emergency regulation otherwise would Compliance: Required within 2 days after affecting immediate flight safety and, be significant under DOT Regulatory the effective date of this AD or prior to thus, was not preceded by notice and Policies and Procedures, a final further flight, whichever occurs later, unless opportunity to comment, comments are regulatory evaluation will be prepared already accomplished, except to those operators receiving this action by priority invited on this rule. Interested persons and placed in the Rules Docket. A copy letter issued July 31, 1997, which made these are invited to comment on this rule by of it, if filed, may be obtained from the actions effective immediately upon receipt. submitting such written data, views, or Rules Docket at the location provided To prevent failure of the flight instruments arguments as they may desire. under the caption ADDRESSES. during flight because of a failed in-line Communications should identify the pressure filter, which could cause loss of List of Subjects in 14 CFR Part 39 Rules Docket number and be submitted control of the airplane, accomplish the in triplicate to the address specified Air transportation, Aircraft, Aviation following: above. All communications received on safety, Safety. (a) Remove any filter with an applicable or before the closing date for comments part number and lot number and replace with Adoption of the Amendment an FAA-approved filter that incorporates a will be considered, and this rule may be part number (P/N) and lot number not amended in light of the comments Accordingly, pursuant to the covered by this AD. received. Factual information that authority delegated to me by the supports the commenter’s ideas and Note 2: RAPCO, Inc. distributed a news Administrator, the Federal Aviation letter entitled RAPCO, Inc Reporter, dated suggestions is extremely helpful in Administration amends part 39 of the January 1, 1995, Issue 6, that discusses the evaluating the effectiveness of the AD Federal Aviation Regulations (14 CFR care and maintenance of the in-line filters action and determining whether part 39) as follows: and hoses to prevent damage. additional rulemaking action would be (b) Upon the effective date of this AD, no needed. PART 39ÐAIRWORTHINESS person may equip an aircraft with any Comments are specifically invited on DIRECTIVES RAPCO filters marked with P/N RA–1J4–4, the overall regulatory, economic, RA–1J4–6, or RA–1J4–7 that are from Lot environmental, and energy aspects of 1. The authority citation for part 39 Numbers 05597, 07797, or 12597. the rule that might suggest a need to continues to read as follows: Note 3: Production of the affected filters modify the rule. All comments Authority: 49 U.S.C. 106(g), 40113, 44701. has ceased. The affected lots were produced 44408 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations in February 1997, and a check of the aircraft CONTACT: in the sixth line, the telephone professional. The DOT regulations also records will give a good indication as to number ‘‘(202) 267–8096’’ should read include alcohol and drug abuse whether these filters have been installed on ‘‘(202) 267–8166’’. counselors certified by the National an aircraft. Issued in Washington, DC, on August 15, Association of Alcoholism and Drug (c) Special flight permits may be issued for Abuse Counselors (NAADAC) daytime visual flight rules (VFR) flight only, 1997. in accordance with sections 21.197 and Brenda D. Courtney, Certification Commission, a national 21.199 of the Federal Aviation Regulations Manager, Aircraft and Airports Rules organization imposing qualification (14 CFR 21.197 and 21.199) to operate the Division. standards for treatment of alcohol and airplane to a location to accomplish the [FR Doc. 97–22262 Filed 8–20–97; 8:45 am] drug-related disorders. requirement of this AD. Under the DOT regulations, an SAP (d) An alternative method of compliance or BILLING CODE 4910±13±M adjustment of the compliance time that must have knowledge of, and clinical provides an equivalent level of safety may be experience in, the diagnosis and approved by the Manager, Chicago Aircraft RAILROAD RETIREMENT BOARD treatment of alcohol and controlled Certification Office, 2300 E. Devon, Des substances-related disorders. Plaines, Illinois 60018. The request shall be 20 CFR Part 335 Accordingly, those individuals who forwarded through an appropriate FAA have the requisite degrees or certificates, Maintenance Inspector, who may concur or RIN 3220±AB30 but who lack knowledge and clinical comment and then send it to the Manager, experience in alcohol and substance Chicago Aircraft Certification Office. Sickness Benefits abuse-related disorders, would not meet Note 4: Information concerning the existence of approved alternative methods of AGENCY: Railroad Retirement Board. the criteria of a qualified SAP under this compliance with this AD, if any, may be ACTION: Final rule. part. obtained from the Chicago Aircraft The Board published this rule as a Certification Office. SUMMARY: The Railroad Retirement proposed rule on April 18, 1997 (62 FR (e) Information related to this AD may be Board (Board) hereby amends its 19072), and invited comments by June inspected at the FAA, Central Region, Office regulations under the Railroad 17, 1997. No comments were received. of the Assistant Chief Counsel, Room 1558, Unemployment Insurance Act (RUIA) to 601 E. 12th Street, Kansas City, Missouri permit a substance-abuse professional to The Board, with the concurrence of 64106. execute a statement of sickness in the Office of Management and Budget, (f) This amendment (39–10103) becomes has determined that this is not a effective on September 18, 1997, to all support of payment of sickness benefits under the RUIA. significant regulation action for persons except those persons to whom it was purposes of Executive Order 12866. made immediately effective by priority letter EFFECTIVE DATE: This rule will be Therefore, no regulatory impact analysis AD 97–16–10, issued July 31, 1997, which effective September 22, 1997. contained the requirements of this is required. There are no information amendment. ADDRESSES: Secretary to the Board, collections associated with this rule. Railroad Retirement Board, 844 North Issued in Kansas City, Missouri, on August List of Subjects in 20 CFR Part 335 14, 1997. Rush Street, Chicago, Illinois 60611. Michael Gallagher, FOR FURTHER INFORMATION CONTACT: Railroad employees, Railroad sickness Manager, Small Airplane Directorate, Aircraft Thomas W. Sadler, Senior Attorney, benefits. Certification Service. Railroad Retirement Board, 844 North For the reasons set out in the [FR Doc. 97–22147 Filed 8–20–97; 8:45 am] Rush Street, Chicago, Illinois 60611, (312) 751–4513, TDD (312) 751–4701. preamble, title 20, chapter II, part 335 of BILLING CODE 4910±13±U the Code of Federal Regulations is SUPPLEMENTARY INFORMATION: Section amended as follows: 335.2(a)(2) of the Board’s regulations DEPARTMENT OF TRANSPORTATION provides that in order to be entitled to PART 335ÐSICKNESS BENEFITS sickness benefits under the RUIA, a Federal Aviation Administration claimant must provide a ‘‘statement of 1. The authority citation for part 335 sickness.’’ Section 335.3(a) of the continues to read as follows: 14 CFR Parts 121, 125, 129, and 135 Board’s regulations lists the individuals Authority: 45 U.S.C. 362(i) and 362(l). [Docket No. 28109; Amendment Nos. 121± from whom the Board will accept a 266, 125±30, 129±27, 135±69] statement of sickness. That list does not 2. Section 335.3(a) is amended by RIN 2120±AF76 currently include a ‘‘substance-abuse removing ‘‘or’’ at the end of paragraph professional’’ (SAP), although (a)(8) of this section, by removing the Revisions to Digital Flight Data employees may claim sickness benefits period at the end of paragraph (a)(9) of Recorder Rules under circumstances resulting from this section and adding ‘‘; or’’, and by alcohol or controlled-substances-related AGENCY: Federal Aviation adding a new paragraph (a)(10) to read disorders. In providing that an SAP as follows: Administration, DOT. under this part must meet the ACTION: Final rule; correction. qualifications outlined in the § 335.3 Execution of statement of sickness Department of Transportation (DOT) and supplemental doctor's statement. Correction regulations at 49 CFR part 40.3, the (a) * * * In rule document 97–18514 beginning Board recognizes the importance of on page 38362 in the issue of Thursday, nationally-accepted standards for SAPs. (10) A substance-abuse professional as July 17, 1997, make the following The DOT regulations define an SAP as defined in 49 CFR part 40.3, if the correction: a licensed physician (Medical Doctor or infirmity involves alcohol or controlled FOR FURTHER INFORMATION CONTACT: Doctor of Osteopathy), a licensed or substances-related disorders. [Corrected] certified psychologist, a licensed or * * * * * 1. On page 38362, in the first column, certified social worker, or a licensed or Dated: August 12, 1997. under FOR FURTHER INFORMATION certified employee assistance By Authority of the Board. Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44409

For the Board. Section 367.3 is amended to provide Administration, 7500 Standish Pl., Beatrice Ezerski, that the Board shall refer nontax debts Rockville, MD 20855, 301–594–1643. over 10 days delinquent to the Treasury Secretary to the Board. SUPPLEMENTARY INFORMATION: Pfizer, Offset Program and that in cases of [FR Doc. 97–22131 Filed 8–20–97; 8:45 am] Inc., 235 East 42d St., New York, NY mandatory referral of delinquent debt, BILLING CODE 7905±01±P±M 10017–5755, is sponsor of NADA 141– unless otherwise directed by the 061 that provides for the use of Secretary of Treasury, the Board is not Dectomax 1% injectable solution required to determine whether RAILROAD RETIREMENT BOARD (doramectin) for treatment and control administrative offset is feasible, of certain gastrointestinal roundworms, 20 CFR Part 367 allowable, and appropriate. lungworms, eyeworms, grubs, lice, and The Board, with the concurrence of RIN 3220±AB26 mange mites of cattle, and protection the Office of Management and Budget, against infection or reinfection with O. has determined that this is not a Collection of Debts ostertagi for up to 21 days. The firm significant regulatory action under filed a supplemental NADA that AGENCY: Railroad Retirement Board. Executive Order 12866. Therefore, no provides for added use in cattle to ACTION: Final rule. regulatory impact analysis is required. control infections and to protect from There are no new information reinfection with C. punctata and D. SUMMARY: The Railroad Retirement collections associated with this rule. Board (Board) amends its regulations The Board published this rule as an viviparus for 28 days after treatment. pertaining to the collection of debts by interim final rule on April 21, 1997 (62 The supplemental NADA also amends offset against Federal payments to FR 19219) and comments were invited the wording of the claim for ‘‘* ** reflect amendments to section 3716 of by June 20, 1997. No Comments were protection against infection or Title 31 by the Debt Collection received. Accordingly, the interim final reinfection with Ostertagia ostertagi for Improvement Act of 1996 (Pub. L. 104– rule is adopted as a final rule without 21 days’’ and incorporates the claim 134). change. into the new indication statement. The DATES: Effective Date: This Regulation supplemental NADA is approved as of Dated: August 12, 1997. will be effective August 21, 1997. July 18, 1997, and the regulations are By Authority of the Board. amended in 21 CFR 522.770(d)(2) to ADDRESSES: Secretary to the Board, For the Board. reflect the approval. The basis of Railroad Retirement Board, 844 North approval is discussed in the freedom of Rush Street, Chicago, Illinois 60611. Beatrice Ezerski, Secretary to the Board. information summary. FOR FURTHER INFORMATION CONTACT: Michael C. Litt, General Attorney, [FR Doc. 97–22130 Filed 8–20–97; 8:45 am] In accordance with the freedom of Bureau of Law, Railroad Retirement BILLING CODE 7905±01±P±M information provisions of 21 CFR part Board, 844 North Rush Street, Chicago, 20 and 514.11(e)(2)(ii), a summary of Illinois 60611, (312) 751–4929, TDD data and information submitted to (312) 751–4701. DEPARTMENT OF HEALTH AND support approval of this application may be seen in the Dockets Management SUPPLEMENTARY INFORMATION: HUMAN SERVICES Part 367 of Branch (HFA–305), Food and Drug the Board’s regulations provides for the Food and Drug Administration Administration, 12420 Parklawn Dr., collection of debts by administrative rm. 1–23, Rockville, MD 20857, from 9 offset under the authority of the Debt 21 CFR Part 522 a.m. to 4 p.m., Monday through Friday. Collection Act of 1982, 31 U.S.C. 3716. The Debt Collection Improvement Act of Implantation or Injectable Dosage Under section 512(c)(2)(F)(iii) of the 1996 (Pub. L. 104–134) amended 31 Form New Animal Drugs; Doramectin Federal Food, Drug, and Cosmetic Act, U.S.C. 3716 to provide for referral of this supplemental approval for food- delinquent Federal nontax debts to the AGENCY: Food and Drug Administration, producing animals qualifies for 3 years Department of Treasury for HHS. of marketing exclusivity beginning July administrative offset (‘‘Treasury Offset ACTION: Final rule. 18, 1997, because the supplement Program’’), and to provide for the contains substantial evidence of the mandatory referral of such debts over SUMMARY: The Food and Drug effectiveness of the drug involved, 180 days delinquent to the Treasury Administration (FDA) is amending the studies of animal safety or, in the case Offset Program, subject to certain animal drug regulations to reflect of food-producing animals, human food exceptions. Accordingly, the Board approval of a supplemental new animal safety studies (other than amends this part to implement the drug application (NADA) filed by Pfizer, bioequivalence or residue studies) provisions of Public Law 104–134. Inc. The supplemental NADA provides required for approval of the supplement Section 367.1 is revised to cite the for use of doramectin in cattle to control and conducted or sponsored by the authority of Public Law 104–134 and its infections and to protect from applicant. Exclusivity applies only to provision for the referral of delinquent reinfection with Cooperia punctata and the added indication to control Federal nontax debts to the Treasury Dictyocaulus viviparus for 28 days after infections and to protect cattle from Offset Program. treatment. This supplemental NADA reinfection with C. punctata and D. Section 367.2 is amended to provide also amends the wording of the claim viviparus for 28 days after treatment. that only nontax debts will be referred for protection against infection or The agency has determined under 21 to the Treasury Offset Program, and that reinfection with Ostertagia ostertagi for CFR 25.24(d)(1)(i) that this action is of a debt will not be referred if the Board’s 21 days and incorporates the claim into a type that does not individually or records show that foreclosure is pending the new indication statement. cumulatively have a significant effect on on collateral securing the debt or if the EFFECTIVE DATE: August 21, 1997. the human environment. Therefore, debt has been referred to the FOR FURTHER INFORMATION CONTACT: neither an environmental assessment Department of Justice or is otherwise in Thomas Letonja, Center for Veterinary nor an environmental impact statement litigation with the Board. Medicine (HFV–135), Food and Drug is required. 44410 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations

List of Subjects in 21 CFR Part 522 FOR FURTHER INFORMATION CONTACT: Federalism Assessment Animal drugs. LTJG Tom Tarrants, Marine Safety The Coast Guard has analyzed this Therefore, under the Federal Food, Office, Paducah, KY Tel: (502) 442– action in accordance with the principles Drug, and Cosmetic Act and under 1621. and criteria of Executive Order 12612 authority delegated to the Commissioner SUPPLEMENTARY INFORMATION: and has determined that this rule does of Food and Drugs and redelegated to not raise sufficient federalism the Center for Veterinary Medicine, 21 Regulatory History implications to warrant the preparation CFR part 522 is amended as follows: In accordance with 5 U.S.C. 553, a of a Federalism Assessment. notice of proposed rulemaking for this PART 522ÐIMPLANTATION OR Environmental Assessment regulation has not been published, and INJECTABLE DOSAGE FORM NEW good cause exists for making it effective The Coast Guard considered the ANIMAL DRUGS in less than 30 days from the date of environmental impact of this rule and concluded that under section 2.B.2.C. of 1. The authority citation for 21 CFR publication. Following normal Commandant Instruction M16475.1B (as part 522 continues to read as follows: rulemaking procedures would have been impracticable. The details of the revised by 61 FR 13563; March 27, Authority: Sec. 512 of the Federal Food, 1996), this rule is categorically excluded Drug, and Cosmetic Act (21 U.S.C. 360b). event were not finalized until July 24, 1997, and there was not sufficient time from further environmental 2. Section 522.770 is amended by remaining to publish a proposed rule in documentation. revising paragraph (d)(2) to read as advance of the event or to provide for List of Subjects in 33 CFR Part 100 follows: a delayed effective date. Marine safety, Navigation (water), § 522.770 Doramectin. Background and Purpose Reporting and recordkeeping requirements. * * * * * The marine event requiring this (d) * * * regulation includes boat drag races on Temporary Regulation (2) Indications for use. For treatment the Cumberland River. The event is In consideration of the foregoing, part and control of gastrointestinal sponsored by the City of Clarksville. 100 of title 33, Code of Federal roundworms, lungworms, eyeworms, Spectators will be able to view the event Regulations, is amended as follows: grubs, lice, and mange mites. To from areas designated by the sponsor. effectively control infections and to Non-participating vessels will be able to PART 100Ð[AMENDED] protect cattle from reinfection with transit the area after each race has 1. The authority citation for part 100 Ostertagia ostertagi for 21 days, and ended. Cooperia punctata and Dictyocaulus continues to read as follows: viviparus for 28 days after treatment. Regulatory Evaluation Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35. * * * * * This rule is not a significant Dated: August 1, 1997. regulatory action under section 3(f) of 2. A temporary section 100.35–T08– Stephen F. Sundlof, Executive Order 12866 and does not 026 is added to read as follows: require an assessment of potential costs Director, Center for Veterinary Medicine. § 100.35±T08±026 Cumberland River, [FR Doc. 97–22264 Filed 8–20–97; 8:45 am] and benefits under section 6(a)(3) of that Clarksville, Tennessee. order. It has not been reviewed by the BILLING CODE 4160±01±F (a) Regulated Area: Cumberland River Office of Management and Budget under Mile 126.5 to 128.5. that order. It is not significant under the (b) Special Local Regulation: All regulatory policies and procedures of DEPARTMENT OF TRANSPORTATION persons and/or vessels not registered the Department of Transportation (DOT) with the sponsors as participants or (44 FR 11040; February 26, 1979). The Coast Guard official patrol vessels are considered Coast Guard expects the economic spectators. The ‘‘official patrol’’ consists impact of this rule to be so minimal that 33 CFR Part 100 of any Coast Guard, public, state or local a full Regulatory Evaluation under [CGD08±97±026] law enforcement and/or sponsor paragraph 10e of the regulatory policies provided vessels assigned to patrol the RIN 2115±AE46 and procedures of DOT is unnecessary event. because of the event’s short duration. Special Local Regulation; Riverfest, (1) No spectators shall anchor, block, Cumberland River Mile 126.5 to 128.5, Small Entities loiter in, or impede the through transit Clarksville, Tennessee of participants or official patrol vessels The Coast Guard finds that the impact in the regulated area during effective AGENCY: Coast Guard, DOT. on small entities, if any, is not dates and times, unless cleared for such ACTION: Temporary final rule. substantial. Therefore, the Coast Guard entry by or through an official patrol certifies under section 605(b) of the vessel. SUMMARY: A temporary special local Regulatory Flexibility Act (5 U.S.C. 601 (2) When hailed and/or signaled by an regulation is being adopted for the et seq.) that this temporary rule will not official patrol vessel, a spectator shall Riverfest. This event will be held on have a significant economic impact on come to an immediate stop. Vessels September 7, 1997 from 8 a.m. until 6 a substantial number of small entities shall comply with all directions given. p.m. at the riverfront in Clarksville, because of the event’s short duration. Failure to comply may result in the Tennessee. This regulation is needed to Collection of Information issuance of a citation. provide for the safety of life on (3) The Coast Guard Patrol navigable waters during the event. This rule contains no information Commander is empowered to forbid and EFFECTIVE DATE: This temporary collection requirements under the control the movement of all vessels in regulation is effective from 8 a.m. until Paperwork Reduction Act (44 U.S.C. the regulated area. The Patrol 6 p.m. on September 7, 1997. 3501 et seq.). Commander may terminate the event at Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44411 any time it is deemed necessary for the waterfront and an evening fireworks List of Subjects in 33 CFR Part 100 protection of life and/or property. The display. During the event, a large Patrol Commander can be reached on number of pleasure craft are expected Marine safety, Navigation (water), VHF–FM Channel 16 by using the call on the river to view the live Reporting and recordkeeping sign ‘‘PATCOM’’. entertainment and the fireworks. The requirements. (c) Effective Date: This regulation will event is sponsored by the MY102 Temporary Regulation be effective on September 7, 1997 from WMYU FM Radio. Spectators will be 8 a.m. until 6 p.m. able to view the entertainment and In consideration of the foregoing, part Dated: August 1, 1997. fireworks from areas designated by the 100 of title 33, Code of Federal T.W. Josiah, sponsor. Regulations, is amended as follows: Rear Admiral, U.S. Coast Guard Commander, PART 100Ð[AMENDED] Eighth Coast Guard District. Regulatory Evaluation [FR Doc. 97–22140 Filed 8–20–97; 8:45 am] This rule is not a significant 1. The authority citation for part 100 BILLING CODE 4910±14±M regulatory action under section 3(f) of continues to read as follows: Executive Order 12866 and does not Authority: 33 U.S.C. 1233; 49 CFR 1.46 and require an assessment of potential costs DEPARTMENT OF TRANSPORTATION 33 CFR 100.35. and benefits under section 6(a)(3) of that Coast Guard order. It has not been reviewed by the 2. A temporary § 100.35–T08–027 is Office of Management and Budget under added to read as follows: 33 CFR Part 100 that order. It is not significant under the § 100.35±T08±027 Tennessee River, [CGD08±97±027] regulatory policies and procedures of Knoxville, Tennessee. the Department of Transportation (DOT) RIN 2115±AE46 (44 FR 11040; February 26, 1979). The (a) Regulated Area: Tennessee River Coast Guard expects the economic Mile 645 to 649. Special Local Regulation; MY102 Boomsday, Tennessee River Mile 645 impact of this rule to be so minimal that (b) Special Local Regulation: All to 649, Knoxville, Tennessee a full Regulatory Evaluation under persons and/or vessels not registered paragraph 10e of the regulatory policies with the sponsors as participants or AGENCY: Coast Guard, DOT. and procedures of DOT is unnecessary official patrol vessels are considered ACTION: Temporary final rule. because of the event’s short duration. spectators. The ‘‘official patrol’’ consists of any Coast Guard, public, state or local SUMMARY: A temporary special local Small Entities law enforcement and/or sponsor regulation is being adopted for the The Coast Guard finds that the impact provided vessels assigned to patrol the MY102 Boomsday. This event will be event. held on September 1, 1997 from 12:00 on small entities, if any, is not noon until 10:00 p.m. at the riverfront substantial. Therefore, the Coast Guard (1) No spectators shall anchor, block, in Knoxville, Tennessee. This temporary certifies under section 605(b) of the loiter in, or impede the through transit regulation is needed to provide for the Regulatory Flexibility Act (5 U.S.C. 601 of participants or official patrol vessels safety of life on navigable waters during et seq.) that this temporary rule will not in the regulated area during the event. have a significant economic impact on effectiveness dates and times, unless cleared for such entry by or through an EFFECTIVE DATE: a substantial number of small entities This regulation is official patrol vessel. effective from 12 p.m. until 10 p.m. on because of the event’s short duration. (2) When hailed and/or signaled by an September 1, 1997. Collection of Information FOR FURTHER INFORMATION CONTACT: official patrol vessel, a spectator shall LTJG Tom Tarrants, Marine Safety This rule contains no information come to an immediate stop. Vessels Office Paducah, KY Tel: (502) 442–1621. collection requirements under the shall comply with all directions given. Paperwork Reduction Act (44 U.S.C. Failure to comply may result in the SUPPLEMENTARY INFORMATION: 3501 et seq.). issuance of a citation. Regulatory History (3) The Coast Guard Patrol Federalism Assessment In accordance with 5 U.S.C. 553, a Commander is empowered to forbid and notice of proposed rulemaking for this The Coast Guard has analyzed this control the movement of all vessels in regulation has not been published, and action in accordance with the principles the regulated area. The Patrol Commander may terminate the event at good cause exists for making them and criteria of Executive Order 12612 any time it is deemed necessary for the effective in less than 30 days from the and has determined that this rule does protection of life and/or property. The date of publication. Following normal not raise sufficient federalism Patrol Commander can be reached on rulemaking procedures would have implications to warrant the preparation VHF–FM Channel 16 by using the call been impracticable. The details of the of a Federalism Assessment. event were not finalized until July 24, sign ‘‘PATCOM’’. 1997, and there was not sufficient time Environmental Assessment (c) Effective Date: This regulation will remaining to publish a proposed rule in be effective on September 1, 1997 from advance of the event or to provide for The Coast Guard considered the 12 p.m. until 10 p.m. a delayed effective date. environmental impact of this rule and concluded that under section 2.B.2.C. of Dated: August 1, 1997. Background and Purpose Commandant Instruction M16475.1B (as T.W. Josiah, The marine event requiring this revised by 61 FR 13563; March 27, Rear Admiral, U.S. Coast Guard, Commander, regulation is the Labor Day celebration 1996), this rule is categorically excluded Eighth Coast Guard District. & fireworks on the river. The event from further environmental [FR Doc. 97–22139 Filed 8–20–97; 8:45 am] includes live entertainment on the documentation. BILLING CODE 4910±14±M 44412 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION the Department of Transportation (DOT) with the sponsors as participants or (44 FR 11040; February 26, 1979). The official patrol vessels are considered Coast Guard Coast Guard expects the economic spectators. The ‘‘official patrol’’ consists impact of this rule to be so minimal that of any Coast Guard, public, state or local 33 CFR Part 100 a full Regulatory Evaluation under law enforcement and/or sponsor [CGD08±97±028] paragraph 10e of the regulatory policies provided vessels assigned to patrol the and procedures of DOT is unnecessary event. RIN 2115±AE46 because of the event’s short duration. (1) No spectators shall anchor, block, loiter in, or impede the through transit Special Local Regulation; Clifton River Small Entities Days, Tennessee River Mile 158 to 160, of participants or official patrol vessels The Coast Guard finds that the impact Clifton, Tennessee in the regulated area during effective on small entities, if any, is not dates and times, unless cleared for such AGENCY: Coast Guard, DOT. substantial. Therefore, the Coast Guard entry by or through an official patrol ACTION: Temporary final rule. certifies under section 605(b) of the vessel. Regulatory Flexibility Act (5 U.S.C. 601 (2) When hailed and/or signaled by an SUMMARY: A temporary special local et seq.) that this temporary rule will not official patrol vessel, a spectator shall regulation is being adopted for the have a significant economic impact on come to an immediate stop. Vessels Clifton River Days. This event will be a substantial number of small entities shall comply with all directions given. held on August 24, 1997 from 9 a.m. because of the event’s short duration. Failure to comply may result in the until 5 p.m. at the river front in Clifton, Collection of Information issuance of a citation. Tennessee. This regulation is needed to (3) The Coast Guard Patrol provide for the safety of life on This rule contains no information Commander is empowered to forbid and navigable waters during the event. collection requirements under the control the movement of all vessels in EFFECTIVE DATE: This temporary Paperwork Reduction Act (44 U.S.C. the regulated area. The Patrol regulation is effective from 9 a.m. until 3501 et seq.). Commander may terminate the event at 5 p.m. on August 24, 1997. Federalism Assessment any time it is deemed necessary for the protection of life and/or property. The FOR FURTHER INFORMATION CONTACT: The Coast Guard has analyzed this LTJG Tom Tarrants, Marine Safety Patrol Commander can be reached on action in accordance with the principles VHF–FM Channel 16 by using the call Office, Paducah, KY, Tel: (502) 442– and criteria of Executive Order 12612 1621. sign ‘‘PATCOM’’. and has determined that this rule does (c) Effective Date: This regulation will SUPPLEMENTARY INFORMATION: not raise sufficient federalism be effective on August 24, 1997 from 9 implications to warrant the preparation a.m. until 5 p.m. Regulatory History of a Federalism Assessment. In accordance with 5 U.S.C. 553, a Dated: August 4, 1997. Environmental Assessment notice of proposed rulemaking for this T.W. Josiah, regulation has not been published, and The Coast Guard considered the Rear Admiral, U.S. Coast Guard, Commander, good cause exists for making them environmental impact of this rule and Eighth Coast Guard District. effective in less than 30 days from the concluded that under section 2.B.2.C. of [FR Doc. 97–22137 Filed 8–20–97; 8:45 am] date of publication. Following normal Commandant Instruction M16475.1B (as BILLING CODE 4910±14±M rulemaking procedures would have revised by 61 FR 13563; March 27, been impracticable. The details of the 1996), this rule is categorically excluded event were not finalized until July 24, from further environmental ENVIRONMENTAL PROTECTION 1997, and there was not sufficient time documentation. AGENCY remaining to publish a proposed rule in List of Subjects in 33 CFR Part 100 advance of the event or to provide for 40 CFR Part 9 a delayed effective date. Marine safety, Navigation (water), Reporting and recordkeeping [FRL±5483±4] Background and Purpose requirements. OMB Approval Numbers Under the The marine event requiring this Temporary Regulation Paperwork Reduction Act regulation includes boat drag races on In consideration of the foregoing, part the river. The event is sponsored by the AGENCY: Environmental Protection 100 of title 33, Code of Federal Wayne County Jaycees. Spectators will Agency (EPA). Regulations, is amended as follows: be able to view the event from areas ACTION: Final rule. designated by the sponsor. Non- PART 100Ð[AMENDED] SUMMARY: participating vessels will be able to In compliance with the transit the area after each race has 1. The authority citation for part 100 Paperwork Reduction Act (PRA), this ended. continues to read as follows: technical amendment amends the table that lists the Office of Management and Regulatory Evaluation Authority: 33 U.S.C. 1233; 49 CFR 1.46 and Budget (OMB) control numbers issued 33 CFR 100.35 This rule is not a significant under the PRA for Environmental 2. A temporary § 100.35–T08–028 is regulatory action under section 3(f) of Impact Assessment of Nongovernmental added to read as follows: Executive Order 12866 and does not Activities in Antarctica. require an assessment of potential costs § 100.25±T08±028 Tennessee River, EFFECTIVE DATE: This final rule is and benefits under section 6(a)(3) of that Clifton, Tennessee. effective August 21, 1997. order. It has not been reviewed by the (a) Regulated Area: Tennessee River FOR FURTHER INFORMATION CONTACT: Office of Management and Budget under Mile 158 to 160. Joseph Montgomery or Katherine Biggs, that order. It is not significant under the (b) Special Local Regulation: All Office of Federal Activities (2252A), regulatory policies and procedures of persons and/or vessels not registered U.S. Environmental Protection Agency, Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44413

401 M Street, S.W., Washington, D.C. PART 9ÐOMB APPROVALS UNDER sources located in Pennsylvania. The 20460; telephone: (202) 564–7157 or THE PAPERWORK REDUCTION ACT intended effect of this action is to (202) 564–7144, respectively. approve source-specific operating 1. The authority citation for part 9 SUPPLEMENTARY INFORMATION: EPA is permits that establish the above- continues to read as follows: today amending the table of currently mentioned RACT requirements in approved information collection request Authority: 7 U.S.C. 135 et seq., 136–136y; accordance with the Clean Air Act. This (ICR) control numbers issued by OMB 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; action is being taken under section 110 for various regulations. Today’s 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 of the Clean Air Act. U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, amendment updates the table to list DATES: This action is effective October 1321, 1326, 1330, 1342, 1344, 1345 (d) and those information requirements (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 20, 1997 unless notice is received on or promulgated under the PRA for 1971–1975 Comp. p. 973; 42 U.S.C. 241, before September 22, 1997 that adverse Environmental Impact Assessment of 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, or critical comments will be submitted. Nongovernmental Activities in 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, If the effective date is delayed, timely Antarctica which appeared in the 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., notice will be published in the Federal Federal Register on April 30, 1997 (62 6901–6992k, 7401–7671q, 7542, 9601–9657, Register. FR 23538–23549). The affected 11023, 11048. ADDRESSES: Comments may be mailed to regulations are codified at title 40 of the 2. Section 9.1 is amended by adding David J. Campbell, Air, Radiation, and Code of Federal Regulations (CFR), part a new centerheading and entry in Toxics Division, Mailcode 3AT22, U.S. 8. EPA will continue to present OMB numerical order to the table to read as Environmental Protection Agency, control numbers in a consolidated table follows: Region III, 841 Chestnut Building, format to be codified in 40 CFR part 9 Philadelphia, Pennsylvania 19107. of the Agency’s regulations, and in each § 9.1 OMB approvals under the Paperwork Copies of the documents relevant to this CFR volume containing EPA Reduction Act. action are available for public regulations. The table lists the section * * * * * inspection during normal business numbers with reporting and hours at the Air, Radiation, and Toxics recordkeeping requirements, and the OMB con- Division, U.S. Environmental Protection 40 CFR citation trol No. current OMB control numbers. This Agency, Region III, 841 Chestnut listing of the OMB control numbers and Building, Philadelphia, Pennsylvania their subsequent codification in the CFR 19107; the Air and Radiation Docket satisfy the requirements of the and Information Center, U.S. Paperwork Reduction Act (44 U.S.C. Environmental Protection Agency, 401 3501 et seq.) and OMB’s implementing M Street, SW, Washington, DC 20460; regulations at 5 CFR part 1320. Pennsylvania Department of Because of the importance of Environmental Protection, Bureau of Air facilitating the prompt entry into force * * * * * Quality Control, P.O. Box 8468, 400 of Protocol on Environmental Protection Environmental Impact Assessment of Market Street, Harrisburg, Pennsylvania to the Antarctic Treaty, EPA stated in its Nongovernmental Activities in 17105. Preamble to the final rule that it Antarctica FOR FURTHER INFORMATION CONTACT: Rose believed it had good cause under 5 8.5–8.10—2020–0007 Quinto, (215) 566–2182, at the EPA U.S.C. 553(b)(B) to find that Region III office or via e-mail at implementation of notice and comment * * * * * [email protected]. While procedures for the interim final rule [FR Doc. 97–21964 Filed 8–20–97; 8:45 am] information may be requested via e- would be contrary to the public interest BILLING CODE 6560±50±P mail, any comments must be submitted and unnecessary. For these reasons, the in writing to the above Region III interim final regulations were issued address. without notice and an opportunity to ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: On comment. In addition, for the same AGENCY January 10, 1996 and September 13, reasons, under 5 U.S.C. 553(d)(3), the 1996, the Commonwealth of interim final regulations took effect 40 CFR Part 52 Pennsylvania submitted formal immediately upon publication. As a [PA±4051a; FRL±5865±8] revisions to its State Implementation result, EPA finds that there is ‘‘good Plan (SIP). Each source subject to this cause’’ under section 553(b)(B) of the Approval and Promulgation of Air rulemaking will be identified and Administrative Procedure Act (5 U.S.C. Quality Implementation Plans; discussed below. Any plan approvals 553(b)(B)) to amend this table without Pennsylvania; Approval of VOC and and operating permits submitted prior notice and comment. Due to the NO RACT Determinations for X coincidentally with those being technical nature of the table, further Individual Sources approved in this document, and not notice and comment would be identified below, will be addressed in a unnecessary. AGENCY: Environmental Protection Agency (EPA). separate rulemaking action. List of Subjects in 40 CFR Part 9 ACTION: Direct final rule. Pursuant to sections 182(b)(2) and Reporting and recordkeeping 182(f) of the Clean Air Act (CAA), requirements. SUMMARY: EPA is approving a State Pennsylvania is required to implement Implementation Plan (SIP) revision RACT for all major VOC and NOX Dated: August 13, 1997. submitted by the Commonwealth of sources by no later than May 31, 1995. William D. Dickerson, Pennsylvania. This revision establishes The major source size is determined by Acting Director, Office of Federal Activities. and requires volatile organic its location, the classification of that For the reasons set out in the compounds (VOC) and nitrogen oxides area and whether it is located in the preamble, 40 CFR part 9 is amended as (NOX) reasonably available control ozone transport region (OTR), which is follows: technology (RACT) on two major established by the CAA. The 44414 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations

Pennsylvania portion of the submittals that are the subject of this determination of VOC or NOX RACT. Philadelphia ozone nonattainment area notice are meant to satisfy the RACT Consequently, these provisions are not consists of Bucks, Chester, Delaware, requirements for two sources in being included in this approval for Montgomery, and Philadelphia Counties Pennsylvania. source-specific VOC or NOX RACT. and is classified as severe. The Summary of SIP Revision RACT Determinations remaining counties in Pennsylvania are The details of the RACT requirements classified as either moderate or marginal for the source-specific plan approvals The following table identifies the nonattainment areas or are designated and operating permits can be found in individual operating permits EPA is attainment for ozone. However, under the docket and accompanying technical approving. The specific emission section 184 of the CAA, at a minimum, support document (TSD) and will not be limitations and other RACT moderate ozone nonattainment area reiterated in this notice. Briefly, EPA is requirements for these sources are requirements (including RACT as approving a revision to the summarized in the accompanying specified in sections 182(b)(2) and Pennsylvania SIP pertaining to the technical support document, which is 182(f)) apply throughout the OTR. determination of RACT for two major available upon further request, from the Therefore, RACT is applicable statewide sources. The operating permits contain EPA Region III office listed in the in Pennsylvania. The Pennsylvania conditions irrelevant to the ADDRESSES section of this document.

PENNSYLVANIAÐVOC AND NOX RACT DETERMINATIONS FOR INDIVIDUAL SOURCES

Plan approval (PA #) operating ``Major Source County permit (OP #) Source type source'' compliance per- pollutant mit (CP #)

Heinz Pet Products ...... Columbia ...... OP±19±0003 Pet food processing and can manufacturing ... VOC Graco Children's Products, Inc ...... Chester ...... OP±15±0006 Children's products manufacturing (surface VOC coating).

EPA is approving this SIP revision Final Action Alternatively, EPA may certify that without prior proposal because the EPA is approving two operating the rule will not have a significant Agency views this as a noncontroversial permits as RACT for two individual impact on a substantial number of small amendment and anticipates no adverse sources. entities. Small entities include small comments. However, in a separate Nothing in this action should be businesses, small not-for-profit document in this Federal Register construed as permitting or allowing or enterprises, and government entities publication, EPA is proposing to establishing a precedent for any future with jurisdiction over populations of approve the SIP revision should adverse request for revision to any state less than 50,000. SIP approvals under section 110 and or critical comments be filed. This implementation plan. Each request for subchapter I, part D of the Clean Air Act action will be effective October 20, 1997 revision to the state implementation do not create any new requirements but unless, by September 22, 1997, adverse plan shall be considered separately in simply approve requirements that the or critical comments are received. light of specific technical, economic, State is already imposing. Therefore, and environmental factors and in If EPA receives such comments, this because the Federal SIP approval does relation to relevant statutory and action will be withdrawn before the not impose any new requirements, the regulatory requirements. effective date by publishing a Administrator certifies that it does not subsequent document that will Administrative Requirements have a significant impact on any small withdraw the final action. All public entities affected. Moreover, due to the A. Executive Order 12866 comments received will then be nature of the Federal-State relationship addressed in a subsequent final rule This action has been classified as a under the CAA, preparation of a based on this action serving as a Table 3 action for signature by the flexibility analysis would constitute proposed rule. EPA will not institute a Regional Administrator under the Federal inquiry into the economic second comment period on this action. procedures published in the Federal reasonableness of state action. The Any parties interested in commenting Register on January 19, 1989 (54 FR Clean Air Act forbids EPA to base its on this action should do so at this time. 2214–2225), as revised by a July 10, actions concerning SIPs on such If no such comments are received, the 1995 memorandum from Mary Nichols, grounds. Union Electric Co. v. U.S. EPA, public is advised that this action will be Assistant Administrator for Air and 427 U.S. 246, 255–66 (1976); 42 U.S.C. Radiation. The Office of Management effective on October 20, 1997. If adverse 7410(a)(2). and Budget (OMB) has exempted this comments are received that do not regulatory action from E.O. 12866 C. Unfunded Mandates pertain to all documents subject to this review. Under Section 202 of the Unfunded rulemaking action, those documents not Mandates Reform Act of 1995 affected by the adverse comments will B. Regulatory Flexibility Act (‘‘Unfunded Mandates Act’’), signed be finalized in the manner described Under the Regulatory Flexibility Act, into law on March 22, 1995, EPA must here. Only those documents that receive 5 U.S.C. 600 et seq., EPA must prepare prepare a budgetary impact statement to adverse comments will be withdrawn in a regulatory flexibility analysis accompany any proposed or final rule the manner described here. assessing the impact of any proposed or that includes a Federal mandate that final rule on small entities. 5 U.S.C. 603 may result in estimated costs to State, and 604. local, or tribal governments in the Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44415 aggregate; or to private sector, of $100 dioxide, Ozone, Reporting and ENVIRONMENTAL PROTECTION million or more. Under Section 205, recordkeeping requirements. AGENCY EPA must select the most cost-effective Dated: July 22, 1997. and least burdensome alternative that 40 CFR Part 69 Thomas Voltaggio, achieves the objectives of the rule and [FRL±5878±6] is consistent with statutory Acting Regional Administrator, Region III. requirements. Section 203 requires EPA 40 CFR part 52 is amended as follows: Special Exemptions From to establish a plan for informing and Requirements of the Clean Air Act for advising any small governments that PART 52Ð[AMENDED] the Territory of Guam may be significantly or uniquely AGENCY: impacted by the rule. Environmental Protection 1. The authority citation for part 52 Agency (‘‘EPA’’). EPA has determined that the approval continues to read as follows: ACTION: action proposed/promulgated does not Final rule. Authority: 42 U.S.C. 7401–7671q. include a Federal mandate that may SUMMARY: On February 11, 1997, the result in estimated costs of $100 million Subpart NNÐPennsylvania Governor of Guam submitted a petition or more to either State, local, or tribal (‘‘Petition’’) to the Administrator of EPA governments in the aggregate, or to the 2. Section 52.2020 is amended by seeking a waiver of certain Clean Air private sector. This Federal action adding paragraph (c)(119) to read as Act (‘‘CAA’’) requirements which apply approves pre-existing requirements follows: to two baseload diesel electric under State or local law, and imposes generators to be located at the Piti no new Federal requirements. § 52.2020 Identification of plan. Power Plant on Guam. The Petition was Accordingly, no additional costs to * * * * * submitted pursuant to Section 325(a) of State, local, or tribal governments, or to the CAA. The waiver will help to ease the private sector, result from this (c) * * * a serious and ongoing energy emergency action. (119) Revisions to the Pennsylvania on Guam. Based upon the information Regulations, Chapter 129.91 pertaining D. Submission to Congress and the in the Petition, EPA proposed to grant General Accounting Office to VOC and NOX RACT, submitted on the waiver requested on June 30, 1997. January 10, 1996 and September 13, 62 FR 35113. EPA received no Under section 801(a)(1)(A) as added 1996 by the Pennsylvania Department of comments on its proposal. by the Small Business Regulatory Environmental Resources (now known EFFECTIVE DATE: August 15, 1997. Enforcement Fairness Act of 1996, EPA as the Pennsylvania Department of FOR FURTHER INFORMATION CONTACT: submitted a report containing this rule Environmental Protection): Norman Lovelace, Chief, Insular Area and other required information to the (i) Incorporation by reference. Program, Cross Media Division (CMD– U.S. Senate, the U.S. House of 5), U.S. Environmental Protection Representatives and the Comptroller (A) Two letters submitted by the Agency, Region IX, 75 Hawthorne General of the General Accounting Pennsylvania Department of Street, San Francisco, California 94105. Office prior to publication of the rule in Environmental Resources (now, the Telephone: (415) 744–1599. today’s Federal Register. This rule is Pennsylvania Department of not a ‘‘major rule’’ as defined by section Environmental Protection) transmitting SUPPLEMENTARY INFORMATION: 804(2). source-specific VOC and/or NOX RACT Background E. Petitions for Judicial Review determinations in the form of operating Via a letter dated February 11, 1997, permits on the following dates: January Governor Gutierrez of Guam submitted Under section 307(b)(1) of the Clean 10, 1996 and September 13, 1996. a petition (‘‘Petition’’) to the Air Act, petitions for judicial review of (B) Operating permits (OP): Administrator of EPA. The Petition this action must be filed in the United seeks a waiver of certain Clean Air Act (1) Heinz Pet Products, Columbia States Court of Appeals for the (‘‘CAA’’) requirements for the County, OP–19–0003, effective appropriate circuit by October 20, 1997. construction of two 45 megawatt Filing a petition for reconsideration by November 27, 1995, except for the baseload slow speed diesel electric the Regional Administrator of this final expiration date of the operating permit generators and associated waste heat rule does not affect the finality of this and conditions No. 15 through No. 24 recovery boilers with a steam generator. rule for the purposes of judicial review pertaining to non-VOC and non-NOX These units will be part of the Piti nor does it extend the time within pollutants. Power Plant. The units will be which a petition for judicial review may (2) Graco Children’s Products, Inc., designated as Piti Units No. 8 and No. be filed, and shall not postpone the Chester County, OP–15–0006, effective 9. Based upon the information in the effectiveness of such rule or action. This November 30, 1995, except for the Petition, EPA proposed to grant the action to approve VOC and NOX RACT expiration date of the operating permit. waiver requested on June 30, 1997. 62 determinations for a number of FR 35113. individual sources in Pennsylvania as a (ii) Additional material. The waiver application seeks to allow revision to the Commonwealth’s SIP (A) Remainder of the Commonwealth construction of Piti Units No. 8 and No. may not be challenged later in of Pennsylvania’s January 10, 1996 and 9 prior to receipt of a Prevention of proceedings to enforce its requirements. September 13, 1996 submittals. Significant Deterioration (‘‘PSD’’) (See section 307(b)(2).) * * * * * permit. Neither of these Piti Units will operate prior to receipt of a final PSD List of Subjects in 40 CFR Part 52 [FR Doc. 97–22069 Filed 8–20–97; 8:45 am] permit. Environmental protection, Air BILLING CODE 6560±50±P EPA received no comments regarding pollution control, Hydrocarbons, its proposal to grant the waiver. Incorporation by reference, Therefore, EPA is issuing the waiver as Intergovernmental relations, Nitrogen proposed. 44416 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations

Regulatory Analysis generator), with the following inspection and copying during normal Under the Regulatory Flexibility Act, conditions: business hours in the Commission’s (i) Piti Units No. 8 and No. 9 shall not 5 U.S.C. 600 et seq., EPA must prepare Reference Center (Room 239), 1919 M operate until final PSD permits are a Regulatory Flexibility Analysis Street NW., Washington, DC. The received for these units; complete text of this decision may also assessing the impact of any proposed or (ii) Piti Units No. 8 and No. 9 shall final rule on small entities. 5 U.S.C. 603 be purchased from the Commission’s not operate until they comply with all copy contractors, International and 604. Alternatively, EPA may certify requirements of their PSD permits, that the rule will not have a significant Transcription Services, Inc., 1231 20th including, if necessary, retrofitting with Street NW., Washington, DC 20036, economic impact on a substantial BACT; number of small entities. Small entities (202) 857–3800, facsimile (202) 857– (iii) If either Piti Units No. 8 or No. 3805. include small businesses, small not-for- 9 operate either prior to the issuance of profit enterprises, and government a final PSD permit or without BACT List of Subjects in 47 CFR Part 73 entities with jurisdiction over equipment, the Piti Unit(s) shall be Radio broadcasting. populations of less than 50,000. deemed in violation of this waiver and Part 73 of title 47 of the Code of This rulemaking applies only to two the CAA beginning on the date of large sources of air emissions used to Federal Regulations is amended as commencement of construction of the follows: generate electrical power on Guam. unit(s). These sources of electrical power will PART 73Ð[AMENDED] be constructed by an independent [FR Doc. 97–22061 Filed 8–20–97; 8:45 am] power producer which is not a small BILLING CODE 6560±50±P 1. The authority citation for Part 73 entity. Therefore, this rulemaking will continues to read as follows: not impact small entities. Authority: Secs. 303, 48 Stat., as amended, This action has been classified as a FEDERAL COMMUNICATIONS 1082; 47 U.S.C. 154, as amended. Table 3 action for signature by the COMMISSION Administrator under the procedures § 73.202 [Amended] published in the Federal Register on 47 CFR Part 73 2. Section 73.202(b), the Table of FM January 19, 1989 (54 FR 2214–2225). [MM Docket No. 97±10; RM±8984 and 9033] Allotments under Wisconsin, is The Office of Management and Budget amended by adding Mount Horeb, has exempted this regulatory action Radio Broadcasting Services; Channel 294A. from Executive Order 12866 review. Dodgeville, Mazomanie and Mount Federal Communications Commission. Horeb, WI List of Subjects in 40 CFR Part 69 John A. Karousos, AGENCY: Environmental protection, Air Federal Communications Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. pollution control, Guam. Commission. ACTION: Final rule. [FR Doc. 97–22114 Filed 8–20–97; 8:45 am] Dated: August 15, 1997. BILLING CODE 6712±01±P Carol Browner, SUMMARY: Action in this document Administrator. allots Channel 294A to Mount Horeb, Wisconsin, as that community’s first Part 69 of chapter I, title 40 of the DEPARTMENT OF TRANSPORTATION local service in response to a petition Code of Federal Regulations is amended filed by First Congregational Services. as follows: National Highway Traffic Safety See 62 FR 3653, January 24, 1997. There Administration PART 69Ð[AMENDED] is a site restriction 9.6 kilometers (6 miles) west of the community. The 49 CFR Part 541 1. The authority citation for part 69 coordinates for Channel 294A are 42– continues to read as follows: 59–22 and 89–51–12. The [Docket No. 96±122; Notice 02] Authority: Sec. 325, Clean Air Act, as counterproposal filed by Shopper RIN 2127±AG33 amended (42 U.S.C. 7625–1). Stopper, Ltd. requesting the allotment of Channel 257A at Mazomanie, Final Theft Data; Motor Vehicle Theft 2. Section 69.11 is amended by Wisconsin, and substitution of Channel Prevention Standard adding paragraph (d) to read as follows: 294A for Channel 257A at Dodgeville, AGENCY: National Highway Traffic Wisconsin, is denied. With this action, § 69.11 New exemptions. Safety Administration (NHTSA), this proceeding is terminated. * * * * * Department of Transportation. DATES: Effective September 29, 1997. (d)(1) Pursuant to Section 325(a) of ACTION: Publication of final theft data. the CAA and a petition submitted by the The window period for filing Governor of Guam on February 11, 1997 applications for Channel 294A at Mount SUMMARY: This document publishes the (‘‘1997 Petition’’), the Administrator of Horeb, Wisconsin, will open on final data on thefts of model year (MY) EPA conditionally exempts Piti Power September 29, 1997 and close on 1995 passenger motor vehicles that Plant Units No. 8 and No. 9 from certain October 30, 1997. occurred in calendar year (CY) 1995. CAA requirements. FOR FURTHER INFORMATION CONTACT: The final 1995 theft data indicate a (2) A waiver of the requirement to Kathleen Scheuerle, Mass Media decrease in the vehicle theft rate when obtain a PSD permit prior to Bureau, (202) 418–2180. compared to the theft rate experienced construction is granted for the electric SUPPLEMENTARY INFORMATION: This is a in CY/MY 1994. The final theft rate for generating units identified in the 1997 summary of the Commission’s Report MY 1995 passenger vehicles stolen in Petition as Piti Units No. 8 and No. 9 and Order, MM Docket No. 97–10, calendar year 1995 (3.57 thefts per (two 45 megawatt baseload diesel adopted August 6, 1997, and released thousand vehicles produced) decreased electric generators and associated waste August 15, 1997. The full text of this by 14.4 percent from the theft rate for heat recovery boilers with a steam Commission decision is available for CY/MY 1994 vehicles (4.17 thefts per Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44417 thousand vehicle produced). MY 1995, as reported to the the agency for the Eagle Talon was Publication of these data fulfills Environmental Protection Agency erroneously listed. However, after NHTSA’s statutory obligation to (EPA). further review of the production periodically obtain accurate and timely The final 1995 theft data show a volumes Chrysler reported to EPA, it theft data and publish the information decrease in the vehicle theft rate when was confirmed that the production for review and comment. The data were compared to the theft rate experienced volume listed by the agency was not in calculated for informational purposes in CY/MY 1994. The final theft rate for error. Therefore, the Eagle Talon only. MY 1995 passenger vehicles stolen in production volume and the theft rate FOR FURTHER INFORMATION CONTACT: Ms. CY 1995 decreased to 3.57 thefts per will remain unchanged. Rosalind Proctor, Office of Planning and thousand vehicles produced, a decrease Ford informed the agency that the Consumer Programs, NHTSA, 400 of 14.4 percent from the rate of 4.17 number of reported thefts as shown in Seventh Street, S.W., Washington, D.C. thefts per thousand vehicles the preliminary data for the MY 1995 20590. Ms. Proctor’s telephone number experienced by MY 1994 vehicles in CY F150 Pickup Trucks was significantly is (202) 366–0846. Her fax number is 1994. For MY 1995 vehicles, out of a higher than the number of thefts (202) 493–2739. total of 208 vehicle lines, 85 lines had reported for previous years. Ford SUPPLEMENTARY INFORMATION: NHTSA a theft rate higher than 3.5826 per requested that the agency reanalyze its administers a program for reducing thousand vehicles, the established preliminary data for the number of motor vehicle theft. The central feature median theft rate for MYs 1990/1991. thefts shown for the F150 Pickup Trucks of this program is the Federal Motor (See 59 FR 12400, March 16, 1994). Of with a gross vehicle weight rating of Vehicle Theft Prevention Standard, 49 the 85 vehicle lines with a theft rate 6,000 pounds or less. In response to CFR Part 541. The standard specifies higher than 3.5826, 70 are passenger car Ford’s comment, the agency corrected performance requirements for inscribing lines, 13 are multipurpose passenger the theft figures reported for the F150 and affixing vehicle identification vehicle lines, and 2 are light-duty truck Pickup Trucks by subtracting the numbers (VINs) onto certain major lines. number of thefts for the F150 Pickup original equipment and replacement On Friday, February 21, 1997, NHTSA Trucks with a gross vehicle weight parts of high-theft lines of passenger published the preliminary theft rates for rating over 6,000 pounds from the total motor vehicles. CY 1995 passenger motor vehicles in the previously reported. As a result of the The agency is required by 49 U.S.C. Federal Register (62 FR 7987). The reanalysis, the Ford F150 Pickup Truck, 33104(b)(4) to periodically obtain, from agency tentatively ranked each of the previously ranked No. 17 with a theft the most reliable source, accurate and MY 1995 vehicle lines in descending rate of 7.6797 is now correctly ranked timely theft data and publish the data order of theft rate. The public was No. 109 with a theft rate of 2.7148. for review and comment. To fulfill this requested to comment on the accuracy Additionally, Volkswagen commented statutory mandate, NHTSA has of the data and to provide final that the listing did not include the published theft data annually since production figures for individual Volkswagen Cabrio car line. In response 1983/84. Continuing to fulfill the vehicle lines. In response to the to Volkswagen’s comment, NHTSA is § 33104(b)(4) mandate, this document February 1997 notice, the agency correcting the final theft data to include reports the final theft data for CY 1995, received written comments from the the Cabrio car line. As a result of these the most recent calendar year for which Chrysler Corporation (Chrysler), Ford corrections, the Volkswagen Cabrio, not data are available. Motor Company (Ford), and Volkswagen previously listed, is now ranked No. 123 In calculating the 1995 theft rates, of America, Inc. (Volkswagen). In their with a theft rate of 2.3185. Additionally, NHTSA followed the same procedures it comments, all three manufacturers Volkswagen commented that the used in calculating the MY 1994 theft provided the agency with corrected production volume for the Audi S6 was rates. (For 1994 theft data calculations, production figures for their vehicle incorrect. In response to this comment, see 61 FR 50069, September 24, 1996). lines. (The written corrections are the production volume for the Audi S6 As in all previous reports, NHTSA’s available at the docket number cited at has been corrected and the final theft data were based on information the beginning of this notice.) list has been revised accordingly. provided to NHTSA by the National The agency used all written Crime Information Center (NCIC) of the comments to make the necessary In addition to the above changes, it Federal Bureau of Investigation. The adjustments to its data. As a result of the was discovered that the production NCIC is a government system that adjustments, the final theft rate and volume for the Eagle Summit was receives vehicle theft information from ranking of the vehicle lines changed incorrect. Therefore, the production nearly 23,000 criminal justice agencies from those published in the February volume for the Eagle Summit has been and other law enforcement authorities 1997 notice. corrected and the final theft list has throughout the United States. The NCIC In its comments, Chrysler informed been revised accordingly. data also include reported thefts of self- the agency that it stopped production of The following list represents insured and uninsured vehicles, not all its LeBaron Coupe model at the end of NHTSA’s final calculation of theft rates of which are reported to other data the 1993 model year; and that, therefore, for all 1995 passenger motor vehicle sources. the listing should be modified to lines. This list is intended to inform the The 1995 theft rate for each vehicle indicate only the LeBaron Convertible public of calendar year 1995 motor line was calculated by dividing the model. In response to Chrysler’s vehicle thefts of model year 1995 number of reported thefts of MY 1995 comment, NHTSA is making the vehicles and does not have any affect on vehicles of that line stolen during necessary corrections to the final theft the obligations of regulated parties calendar year 1995 by the total number data. Additionally, Chrysler commented under 49 U.S.C. Chapter 331, Theft of vehicles in that line manufactured for that the production volume reported by Prevention. 44418 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations

THEFT RATES OF MODEL YEAR 1995 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 1995

1995 (per Production 1,000 vehi- Manufacturer Make/model (line) Thefts 1995 (mfgr's) cles pro- 1995 duced) theft rate

1 TOYOTA ...... SUPRA ...... 31 1,542 20.1038 2 MITSUBISHI ...... DIAMANTE ...... 249 12,947 19.2323 3 CHRYSLER CORP ...... LEBARON CONVERTIBLE ...... 537 35,844 14.9816 4 MITSUBISHI ...... MONTERO ...... 459 31,643 14.5056 5 CHRYSLER CORP ...... DODGE SPIRIT ...... 341 24,557 13.8861 6 TOYOTA ...... LEXUS GS ...... 100 7,700 12.9870 7 CHRYSLER CORP ...... PLYMOUTH ACCLAIM ...... 308 23,761 12.9624 8 HONDA/ACURA ...... LEGEND ...... 296 22,847 12.9557 9 PORSCHE ...... 911 ...... 96 7,487 12.8222 10 HYUNDAI ...... SCOUPE ...... 101 8,673 11.6453 11 MITSUBISHI ...... MIRAGE ...... 692 60,209 11.4933 12 MITSUBISHI ...... EXPO ...... 79 7,347 10.7527 13 BMW ...... M3 ...... 98 9,279 10.5615 14 MITSUBISHI ...... GALANT/SIGMA ...... 676 80,384 8.4096 15 FORD MOTOR CO ...... MUSTANG ...... 1,388 165,831 8.3700 16 NISSAN ...... 300ZX ...... 28 3,624 7.7263 17 NISSAN ...... ALTIMA ...... 1,245 163,237 7.6269 18 FIAT ...... FERRARI F355 ...... 4 529 7.5614 19 TOYOTA ...... LEXUS SC ...... 120 15,915 7.5401 20 NISSAN ...... INFINITI Q45 ...... 64 8,579 7.4601 21 MITSUBISHI ...... ECLIPSE ...... 435 61,045 7.1259 22 HONDA ...... PRELUDE ...... 93 13,763 6.7572 23 HONDA/ACURA ...... 2.5TL ...... 3 444 6.7568 24 NISSAN ...... PATHFINDER ...... 666 104,565 6.3692 25 NISSAN ...... 240SX ...... 157 25,114 6.2515 26 GENERAL MOTORS ...... OLDSMOBILE CUTLASS CIERA ...... 769 123,593 6.2220 27 GENERAL MOTORS ...... CHEVROLET CORVETTE ...... 124 19,949 6.2159 28 HYUNDAI ...... ELANTRA ...... 298 50,215 5.9345 29 HONDA/ACURA ...... INTEGRA ...... 411 72,753 5.6493 30 TOYOTA ...... 4±RUNNER ...... 565 101,650 5.5583 31 CHRYSLER CORP ...... JEEP GRAND CHEROKEE ...... 1,464 263,571 5.5545 32 PORSCHE ...... 968 ...... 3 559 5.3667 33 MERCEDES BENZ ...... 140 (S-CLASS) ...... 140 26,141 5.3556 34 TOYOTA ...... TERCEL ...... 494 93,018 5.3108 35 GENERAL MOTORS ...... BUICK CENTURY ...... 581 110,291 5.2679 36 MITSUBISHI ...... 3000GT ...... 82 15,597 5.2574 37 BMW ...... 3 ...... 284 54,625 5.1991 38 MAZDA ...... 626/MX±6 ...... 573 110,320 5.1940 39 CHRYSLER CORP ...... TOWN & COUNTRY MPV ...... 64 12,365 5.1759 40 GENERAL MOTORS ...... GEO TRACKER ...... 266 51,400 5.1751 41 HONDA/ACURA ...... NSX ...... 4 781 5.1216 42 NISSAN ...... MAXIMA ...... 779 154,596 5.0389 43 TOYOTA ...... COROLLA/COROLLA SPORT ...... 1,042 211,049 4.9372 44 HYUNDAI ...... SONATA ...... 161 32,807 4.9075 45 CHRYSLER CORP ...... DODGE STEALTH ...... 22 4,497 4.8922 46 TOYOTA ...... TOYOTA PICKUP TRUCK ...... 218 44,724 4.8743 47 CHRYSLER CORP ...... PLYMOUTH NEON ...... 843 173,510 4.8585 48 CHRYSLER CORP ...... NEW YORKER/LHS ...... 241 49,779 4.8414 49 CHRYSLER CORP ...... JEEP WRANGLER ...... 500 104,244 4.7964 50 CHRYSLER CORP ...... EAGLE TALON ...... 164 34,297 4.7818 51 CHRYSLER CORP ...... PLYMOUTH VOYAGER/GRAND ...... 782 163,590 4.7802 52 TOYOTA ...... CAMRY ...... 1,489 314,047 4.7413 53 GENERAL MOTORS ...... CHEVROLET CORSICA ...... 669 142,074 4.7088 54 MAZDA ...... MPV WAGON ...... 77 16,379 4.7011 55 GENERAL MOTORS ...... CHEVROLET BERETTA ...... 333 71,753 4.6409 56 CHRYSLER CORP ...... DODGE NEON ...... 943 203,881 4.6252 57 GENERAL MOTORS ...... PONTIAC TRANS SPORT ...... 198 42,984 4.6064 58 SUZUKI ...... SIDEKICK ...... 144 31,741 4.5367 59 FORD MOTOR CO ...... LINCOLN TOWN CAR ...... 488 107,707 4.5308 60 BMW ...... 5 ...... 164 36,329 4.5143 61 CHRYSLER CORP ...... DODGE CARAVAN/GRAND ...... 976 217,893 4.4793 62 HYUNDAI ...... ACCENT ...... 225 51,061 4.4065 63 CHRYSLER CORP ...... EAGLE VISION ...... 110 25,140 4.3755 64 FORD MOTOR CO ...... ASPIRE ...... 272 62,775 4.3329 65 HONDA ...... ACCORD ...... 1,411 327,746 4.3052 66 MERCEDES BENZ ...... 129 (SLÐCLASS) ...... 36 8,380 4.2959 67 MAZDA ...... 323/PROTEGE ...... 352 82,433 4.2701 68 HONDA ...... PASSPORT ...... 155 36,620 4.2327 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44419

THEFT RATES OF MODEL YEAR 1995 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 1995ÐContinued

1995 (per Production 1,000 vehi- Manufacturer Make/model (line) Thefts 1995 (mfgr's) cles pro- 1995 duced) theft rate

69 GENERAL MOTORS ...... BUICK SKYLARK ...... 220 52,743 4.1712 70 BMW ...... 8 ...... 5 1,230 4.0650 71 CHRYSLER CORP ...... INTREPID ...... 611 151,118 4.0432 72 GENERAL MOTORS ...... CHEVROLET CAMARO ...... 495 122,959 4.0257 73 GENERAL MOTORS ...... PONTIAC GRAND AM ...... 1,055 262,739 4.0154 74 MAZDA ...... 929 ...... 17 4,248 4.0019 75 GENERAL MOTORS ...... GEO PRIZM ...... 408 103,820 3.9299 76 FORD MOTOR CO ...... PROBE ...... 229 58,275 3.9296 77 FORD MOTOR CO ...... MERCURY TRACER ...... 249 63,707 3.9085 78 NISSAN ...... INFINITI J30 ...... 77 20,117 3.8276 79 HONDA ...... CIVIC ...... 1,242 325,199 3.8192 80 GENERAL MOTORS ...... OLDSMOBILE ACHIEVA ...... 192 51,388 3.7363 81 FORD MOTOR CO ...... LINCOLN MARK VIII ...... 75 20,107 3.7300 82 MITSUBISHI ...... MITSUBISHI PICKUP TRUCK ...... 37 9,991 3.7033 83 FORD MOTOR CO ...... MERCURY SABLE ...... 380 102,624 3.7028 84 CHRYSLER CORP ...... DODGE AVENGER ...... 121 33,055 3.6606 85 GENERAL MOTORS ...... PONTIAC FIREBIRD ...... 187 51,279 3.6467 86 TOYOTA ...... LEXUS LS ...... 80 22,659 3.5306 87 TOYOTA ...... CELICA ...... 88 25,391 3.4658 88 ISUZU ...... ISUZU PICKUP TRUCK ...... 57 16,493 3.4560 89 FORD MOTOR CO ...... MERCURY MYSTIQUE ...... 229 66,690 3.4338 90 FORD MOTOR CO ...... THUNDERBIRD ...... 389 114,919 3.3850 91 NISSAN ...... INFINITI G20 ...... 59 17,457 3.3797 92 GENERAL MOTORS ...... CHEVROLET LUMINA APV ...... 198 58,819 3.3663 93 KIA MOTORS ...... SEPHIA ...... 68 20,250 3.3580 94 TOYOTA ...... PASEO ...... 14 4,211 3.3246 95 NISSAN ...... SENTRA ...... 425 128,110 3.3175 96 TOYOTA ...... LEXUS ES ...... 128 38,608 3.3154 97 GENERAL MOTORS ...... GEO METRO ...... 252 76,079 3.3123 98 JAGUAR ...... XJ6 ...... 40 12,195 3.2800 99 CHRYSLER CORP ...... SEBRING ...... 67 20,613 3.2504 100 FORD MOTOR CO ...... ESCORT ...... 1,186 364,969 3.2496 101 MAZDA ...... MX±3 ...... 28 8,627 3.2456 102 TOYOTA ...... MR2 ...... 1 309 3.2362 103 FORD MOTOR CO ...... TAURUS ...... 1,238 396,050 3.1259 104 FORD MOTOR CO ...... CONTOUR ...... 546 179,245 3.0461 105 CHRYSLER CORP ...... JEEP CHEROKEE ...... 376 123,859 3.0357 106 MAZDA ...... MILLENIA ...... 134 45,891 2.9200 107 FORD MOTOR CO ...... MERCURY COUGAR ...... 170 60,279 2.8202 108 NISSAN ...... NISSAN PICKUP TRUCK ...... 479 173,383 2.7627 109 FORD MOTOR CO ...... F150 PICKUP TRUCK ...... 298 109,770 2.7148 110 FORD MOTOR CO ...... LINCOLN CONTINENTAL ...... 88 32,816 2.6816 111 CHRYSLER CORP ...... DODGE STRATUS ...... 126 48,060 2.6217 112 VOLKSWAGEN ...... JETTA III ...... 208 79,470 2.6173 113 GENERAL MOTORS ...... CHEVROLET CAVALIER ...... 398 152,457 2.6106 114 CHRYSLER CORP ...... DODGE DAKOTA PICKUP ...... 307 117,873 2.6045 115 CHRYSLER CORP ...... EAGLE SUMMIT ...... 30 11,632 2.5791 116 GENERAL MOTORS ...... PONTIAC GRAND PRIX ...... 341 132,266 2.5781 117 ISUZU ...... RODEO ...... 231 89,961 2.5678 118 CHRYSLER CORP ...... CIRRUS ...... 158 61,913 2.5520 119 GENERAL MOTORS ...... GMC SAFARI ...... 132 52,479 2.5153 120 GENERAL MOTORS ...... CHEVROLET CAPRICE ...... 134 55,459 2.4162 121 MAZDA ...... MX±5 MIATA ...... 47 19,822 2.3711 122 VOLKSWAGEN ...... GOLF III/GTI ...... 50 21,285 2.3491 123 VOLKSWAGEN ...... CABRIO ...... 19 8,195 2.3185 124 SUBARU ...... IMPREZA ...... 69 29,916 2.3065 125 GENERAL MOTORS ...... OLDSMOBILE SILHOUETTE ...... 40 17,347 2.3059 126 GENERAL MOTORS ...... OLDSMOBILE CUTLASS SUPREME ...... 238 104,586 2.2756 127 SUZUKI ...... SAMURAI ...... 1 440 2.2727 128 GENERAL MOTORS ...... CADILLAC DEVILLE/SIXTY ...... 238 105,621 2.2533 129 GENERAL MOTORS ...... CHEVROLET S±10 PICKUP ...... 530 245,938 2.1550 130 CHRYSLER CORP ...... DODGE VIPER ...... 3 1,431 2.0964 131 TOYOTA ...... TACOMA PICKUP TRUCK ...... 162 79,946 2.0264 132 KIA MOTORS ...... SPORTAGE ...... 21 10,473 2.0052 133 MAZDA ...... RX±7 ...... 1 501 1.9960 134 GENERAL MOTORS ...... CHEVROLET ASTRO ...... 308 157,562 1.9548 135 GENERAL MOTORS ...... PONTIAC BONNEVILLE ...... 179 92,140 1.9427 136 JAGUAR ...... XJ12 ...... 1 520 1.9231 44420 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations

THEFT RATES OF MODEL YEAR 1995 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 1995ÐContinued

1995 (per Production 1,000 vehi- Manufacturer Make/model (line) Thefts 1995 (mfgr's) cles pro- 1995 duced) theft rate

137 GENERAL MOTORS ...... OLDSMOBILE CUTLASS CRUISER ...... 17 8,865 1.9177 138 VOLKSWAGEN ...... PASSAT ...... 30 15,712 1.9094 139 GENERAL MOTORS ...... CADILLAC ELDORADO ...... 46 24,488 1.8785 140 TOYOTA ...... T100 PICKUP TRUCK ...... 66 35,352 1.8669 141 GENERAL MOTORS ...... SATURN SC ...... 111 59,912 1.8527 142 VOLVO ...... 850 ...... 108 58,537 1.8450 143 MERCEDES BENZ ...... 124 (E±CLASS) ...... 58 31,583 1.8364 144 GENERAL MOTORS ...... CHEVROLET BLAZER S±10 ...... 405 221,093 1.8318 145 GENERAL MOTORS ...... PONTIAC SUNFIRE ...... 97 53,129 1.8257 146 GENERAL MOTORS ...... GMC SONOMA TRUCK ...... 108 59,435 1.8171 147 FORD MOTOR CO ...... EXPLORER ...... 468 260,844 1.7942 148 GENERAL MOTORS ...... SATURN SL ...... 362 208,457 1.7366 149 GENERAL MOTORS ...... BUICK REGAL ...... 155 90,290 1.7167 150 NISSAN ...... QUEST ...... 111 65,072 1.7058 151 FORD MOTOR CO ...... MERCURY GRAND MARQUIS ...... 161 94,519 1.7034 152 TOYOTA ...... AVALON ...... 100 60,370 1.6565 153 FORD MOTOR CO ...... CROWN VICTORIA ...... 106 64,247 1.6499 154 FORD MOTOR CO ...... AEROSTAR ...... 181 109,873 1.6474 155 FORD MOTOR CO ...... WINDSTAR ...... 523 321,744 1.6255 156 MERCEDES BENZ ...... 202 (C±CLASS) ...... 55 34,068 1.6144 157 GENERAL MOTORS ...... GMC JIMMY S±15 ...... 112 71,652 1.5631 158 TOYOTA ...... PREVIA ...... 31 20,905 1.4829 159 JAGUAR ...... XJS ...... 8 5,441 1.4703 160 GENERAL MOTORS ...... CHEVROLET LUMINA ...... 477 337,623 1.4128 161 FORD MOTOR CO ...... RANGER PICKUP ...... 310 220,493 1.4059 162 SAAB ...... 900 ...... 34 24,332 1.3973 163 SUBARU ...... LEGACY ...... 106 78,271 1.3543 164 JAGUAR ...... XJR ...... 1 750 1.3333 165 SUZUKI ...... SWIFT ...... 7 5,330 1.3133 166 ISUZU ...... TROOPER ...... 31 24,647 1.2578 167 MAZDA ...... B SERIES PICKUP ...... 37 29,848 1.2396 168 SAAB ...... 9000 ...... 9 7,338 1.2265 169 VOLVO ...... 940 ...... 15 12,238 1.2257 170 BMW ...... 7 ...... 22 17,960 1.2249 171 GENERAL MOTORS ...... CADILLAC SEVILLE ...... 42 35,789 1.1735 172 GENERAL MOTORS ...... OLDSMOBILE AURORA ...... 52 45,677 1.1384 173 GENERAL MOTORS ...... BUICK RIVIERA ...... 45 39,626 1.1356 174 GENERAL MOTORS ...... CADILLAC FLEETWOOD ...... 16 14,839 1.0782 175 AUDI ...... CABRIOLET ...... 1 950 1.0526 176 FORD MOTOR CO ...... MERCURY VILLAGER (MPV) ...... 81 87,745 0.9231 177 GENERAL MOTORS ...... SATURN SW ...... 16 17,900 0.8939 178 CHRYSLER CORP ...... CONCORDE ...... 46 51,524 0.8928 179 GENERAL MOTORS ...... BUICK LESABRE ...... 144 163,726 0.8795 180 GENERAL MOTORS ...... OLDSMOBILE 88 ROYALE ...... 59 70,346 0.8387 181 SUBARU ...... SVX ...... 1 1,228 0.8143 182 VOLVO ...... 960 ...... 11 14,228 0.7731 183 AUDI ...... 90 ...... 3 4,475 0.6704 184 GENERAL MOTORS ...... BUICK PARK AVENUE ...... 36 60,667 0.5934 185 AUDI ...... A6 ...... 5 8,492 0.5888 186 GENERAL MOTORS ...... OLDSMOBILE 98/TOURING ...... 13 24,161 0.5381 187 GENERAL MOTORS ...... BUICK ROADMASTER ...... 15 28,375 0.5286 188 HONDA ...... ODYSSEY ...... 15 32,065 0.4678 189 SUZUKI ...... ESTEEM ...... 2 4,466 0.4478 190 GENERAL MOTORS ...... GMC G15/25/35 VANDURA ...... 4 31,897 0.1254 191 GENERAL MOTORS ...... CHEVROLET G10/20/30 ...... 12 102,383 0.1172 192 AUDI ...... S6 ...... 0 2,377 0.0000 193 FIAT ...... ALFA ROMEO 164 ...... 0 361 0.0000 194 FIAT ...... FERRARI 348 ...... 0 181 0.0000 195 FIAT ...... FERRARI 456 ...... 0 155 0.0000 196 FIAT ...... FERRARI 512 ...... 0 76 0.0000 197 FIAT ...... FERRARI F50 ...... 0 56 0.0000 198 GENERAL MOTORS ...... BUICK COACHBUILDER ...... 0 98 0.0000 199 GENERAL MOTORS ...... GMC G15/25/35 RALLY ...... 0 1,650 0.0000 200 LAMBORGHINI ...... DIABLO ...... 0 285 0.0000 201 LOTUS ...... ESPIRIT ...... 0 241 0.0000 202 PORSCHE ...... 928 ...... 0 77 0.0000 203 ROLLS-ROYCE ...... BROOKLANDS ...... 0 25 0.0000 204 ROLLS-ROYCE ...... CORNICHE/CONTINENTAL ...... 0 105 0.0000 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44421

THEFT RATES OF MODEL YEAR 1995 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR 1995ÐContinued

1995 (per Production 1,000 vehi- Manufacturer Make/model (line) Thefts 1995 (mfgr's) cles pro- 1995 duced) theft rate

205 ROLLS-ROYCE ...... SIL SPIRIT/SPUR/MULS ...... 0 132 0.0000 206 ROLLS-ROYCE ...... TURBO R ...... 0 19 0.0000 207 VOLKSWAGEN ...... EUROVAN ...... 0 1,814 0.0000 208 VOLVO ...... LIMOUSINE ...... 0 6 0.0000

Issued on: August 18, 1997. the Federal Register on January 6, 1992 created the emergency no longer exist, L. Robert Shelton, (57 FR 375). These guidelines were provided that the public has had an Associate Administrator for Safety consistent with the requirements of opportunity to comment on the Performance Standards. section 305(c) of the Magnuson Fishery regulation after it has been published, [FR Doc. 97–22263 Filed 8–20–97; 8:45 am] Conservation and Management Act. On and in the case of a public health BILLING CODE 4910±59±P October 11, 1996, President Clinton emergency, the Secretary of Health and signed into law the Sustainable Human Services concurs with the Fisheries Act (Public Law 104–297), Secretary’s action. which made numerous amendments to DEPARTMENT OF COMMERCE Policy the Magnuson-Stevens Act. The National Oceanic and Atmospheric amendments significantly changed the The NOAA Office of General Counsel Administration process under which fishery has defined the phrase ‘‘unanimous management plans (FMPs), FMP vote,’’ in paragraphs 2 and 3 above, to 50 CFR Chapter VI amendments, and most regulations are mean the unanimous vote of a quorum reviewed and implemented. Because of of the voting members of the Council [Docket No. 970728184±7184±01; I.D. these changes, NMFS is revising the only. An abstention has no effect on the 060997C] policy guidelines for the preparation unanimity of the quorum vote. The only and approval of emergency regulations. legal prerequisite for use of the Policy Guidelines for the Use of Secretary’s emergency authority is that Emergency Rules Another change to section 305(c), concerning interim measures to reduce an emergency must exist. Congress AGENCY: National Marine Fisheries overfishing, will be addressed in intended that emergency authority be Service (NMFS), National Oceanic and revisions to the national standards available to address conservation, Atmospheric Administration (NOAA), guidelines. biological, economic, social, and health Commerce. emergencies. In addition, emergency Rationale for Emergency Action regulations may make direct allocations ACTION: Policy guidelines for the use of among user groups, if strong emergency rules. Section 305(c) of the Magnuson- Stevens Act provides for taking justification and the administrative SUMMARY: NMFS is issuing revised emergency action with regard to any record demonstrate that, absent guidelines for the Regional Fishery fishery, but does not define the emergency regulations, substantial harm Management Councils (Councils) in circumstances that would justify such will occur to one or more segments of determining whether the use of an emergency action. Section 305(c) the fishing industry. Controversial emergency rule is justified under the provides that: actions with serious economic effects, authority of the Magnuson-Stevens 1. The Secretary of Commerce except under extraordinary Fishery Conservation and Management (Secretary) may promulgate emergency circumstances, should be done through Act (Magnuson-Stevens Act). The regulations to address an emergency if normal notice-and-comment guidelines were also developed to the Secretary finds that an emergency rulemaking. provide the NMFS Regional exists, without regard to whether a The preparation or approval of Administrators guidance in the fishery management plan exists for that management actions under the development and approval of fishery; emergency provisions of section 305(c) regulations to address events or 2. The Secretary shall promulgate of the Magnuson-Stevens Act should be problems that require immediate action. emergency regulations to address the limited to extremely urgent, special These revisions make the guidelines emergency if the Council, by a circumstances where substantial harm consistent with the requirements of unanimous vote of the voting members, to or disruption of the resource, fishery, or community would be caused in the section 305(c) of the Magnuson-Stevens requests the Secretary to take such time it would take to follow standard Act, as amended by the Sustainable action; rulemaking procedures. An emergency Fisheries Act. 3. The Secretary may promulgate emergency regulations to address the action may not be based on DATES: Effective August 21, 1997. emergency if the Council, by less than administrative inaction to solve a long- FOR FURTHER INFORMATION CONTACT: a unanimous vote of its voting members, recognized problem. In order to approve Paula N. Evans, NMFS, 301/713–2341. requests the Secretary to take such an emergency rule, the Secretary must SUPPLEMENTARY INFORMATION: action; and have an administrative record justifying 4. The Secretary may promulgate emergency regulatory action and Background emergency regulations that respond to a demonstrating its compliance with the On February 5, 1992, NMFS issued public health emergency or an oil spill. national standards. In addition, the policy guidelines for the use of Such emergency regulations may remain preamble to the emergency rule should emergency rules that were published in in effect until the circumstances that indicate what measures could be taken 44422 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations or what alternative measures will be (4) Public health—to prevent ICCAT. The authority to issue considered to effect a permanent significant adverse effects to health of regulations has been delegated from the solution to the problem addressed by participants in a fishery or to the Secretary to the Assistant Administrator the emergency rule. consumers of seafood products. for Fisheries, NOAA (AA). The process of implementing Dated: August 14, 1997. Background information about the need to implement trade restrictions emergency regulations limits Gary C. Matlock, substantially the public participation in and the related ICCAT recommendation Acting Assistant Administrator for Fisheries, was provided in the preamble to the rulemaking that Congress intended National Marine Fisheries Service. under the Magnuson-Stevens Act and proposed rule (62 FR 38246, July 17, [FR Doc. 97–22094 Filed 8–20–97; 8:45 am] the Administrative Procedure Act. The 1997) and is not repeated here. These Councils and the Secretary must, BILLING CODE 3510±22±F regulatory changes will further NMFS’ whenever possible, afford the full scope management objectives for the Atlantic tuna fisheries. of public participation in rulemaking. In DEPARTMENT OF COMMERCE addition, an emergency rule may delay Proposed Import Restrictions the review of non-emergency rules, National Oceanic and Atmospheric because the emergency rule takes In order to conserve and manage Administration North Atlantic bluefin tuna, ICCAT precedence. Clearly, an emergency adopted two recommendations at its action should not be a routine event. 50 CFR Part 285 1996 meeting requiring its Contracting Guidelines [Docket No. 970702161±7197±02; I.D. Parties to take the appropriate measures 041097C] NMFS provides the following to prohibit the import of ABT and its products in any form from Belize, guidelines for the Councils to use in RIN 0648±AJ93 Honduras, and Panama. The first determining whether an emergency recommendation was that its exists: Atlantic Highly Migratory Species Fisheries; Import Restrictions Contracting Parties take appropriate Emergency Criteria steps to prohibit the import of ABT and AGENCY: National Marine Fisheries its products in any form harvested by For the purpose of section 305(c) of Service (NMFS), National Oceanic and vessels of Belize and Honduras as soon the Magnuson-Stevens Act, the phrase Atmospheric Administration (NOAA), as possible following the entry into ‘‘an emergency exists involving any Commerce. force of the ICCAT recommendation. fishery’’ is defined as a situation that: ACTION: Final rule. Accordingly, the prohibition with (1) Results from recent, unforeseen respect to these countries is effective events or recently discovered SUMMARY: NMFS amends the regulations August 20, 1997. The second circumstances; and governing the Atlantic highly migratory recommendation was that the (2) Presents serious conservation or species fisheries to prohibit importation Contracting Parties take appropriate management problems in the fishery; of Atlantic bluefin tuna (ABT) and its steps to prohibit such imports harvested and products in any form harvested by by vessels of Panama effective January (3) Can be addressed through vessels of Panama, Honduras, and 1, 1998. This would allow Panama an emergency regulations for which the Belize. The amendments are necessary opportunity to present documentary immediate benefits outweigh the value to implement International Commission evidence to ICCAT, at its 1997 meeting of advance notice, public comment, and for the Conservation of Atlantic Tunas or before, that Panama has brought its deliberative consideration of the (ICCAT) recommendations designed to fishing practices for ABT into impacts on participants to the same help achieve the conservation and consistency with ICCAT conservation extent as would be expected under the management objectives for ABT and management measures. normal rulemaking process. fisheries. Accordingly, the prohibition with Emergency Justification DATES: Effective August 20, 1997. respect to Panama will become effective January 1, 1998. If the time it would take to complete Restrictions on Honduras and Belize are applicable August 20, 1997; restrictions Under current regulations, all ABT notice-and-comment rulemaking would shipments imported into the United result in substantial damage or loss to a on Panama are applicable January 1, 1998. States are required to be accompanied living marine resource, habitat, fishery, by a Bluefin Statistical Document (BSD). ADDRESSES: Copies of the supporting industry participants or communities, or Under this final rule, United States documentation are available from substantial adverse effect to the public Customs officials, using the BSD, will Rebecca Lent, Chief, Highly Migratory health, emergency action might be deny entry into the customs territory of Species Management Division, Office of justified under one or more of the the United States of shipments of ABT Sustainable Fisheries (F/SF1), NMFS, following situations: harvested by vessels of Panama, 1315 East-West Highway, Silver Spring, (1) Ecological—(A) to prevent Honduras, and Belize and exported after MD 20910–3282. overfishing as defined in an FMP, or as the effective dates of the trade defined by the Secretary in the absence FOR FURTHER INFORMATION CONTACT: restrictions. Entry will not be denied for of an FMP, or (B) to prevent other Chris Rogers or Jill Stevenson, 301–713– any shipment in transit prior to the serious damage to the fishery resource 2347. effective date of trade restrictions. or habitat; or SUPPLEMENTARY INFORMATION: The Upon determination by ICCAT that (2) Economic—to prevent significant Atlantic tuna fisheries are managed Panama, Honduras, and/or Belize has direct economic loss or to preserve a under the authority of the Atlantic brought its fishing practices into significant economic opportunity that Tunas Convention Act (ATCA). Section consistency with ICCAT conservation otherwise might be foregone; or 971d(c)(1) of the ATCA authorizes the and management measures, NMFS will (3) Social—to prevent significant Secretary of Commerce (Secretary) to publish a final rule in the Federal community impacts or conflict between issue regulations as may be necessary to Register that will remove import user groups; or carry out the recommendations of the restrictions for the relevant party. In Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44423 such case, ABT harvested by Panama, was proposed, that, if adopted, it would § 285.87 Import restrictions for Belize, Honduras, and Belize and exported not have a significant economic impact Honduras, and Panama. prior to the effective date of the removal on a substantial number of small (a) Effective August 20, 1997 all of import restrictions would continue to entities. No comments were received shipments of Atlantic bluefin tuna or be prohibited from entry. that would change the basis for that Atlantic bluefin tuna products in any form harvested by a vessel of Honduras Changes From the Proposed Rule certification and accordingly, a final regulatory flexibility analysis was not or Belize will be denied entry into the No changes were made to the prepared. United States, unless a validated Bluefin proposed rule. NMFS conducted a Notwithstanding any other provision Statistical Document required under public hearing on the proposed rule of law, no person is required to respond subpart F of this part, §§ 285.200 where one oral comment was received. to nor shall a person be subject to a through 285.205, shows that a particular NMFS also received one written penalty for failure to comply with a shipment of such bluefin tuna was comment over the 14-day comment collection of information subject to the exported prior to August 20, 1997. period. The oral comment suggested requirements of the Paperwork (b) Effective January 1, 1998, all that the rule would be ineffective at Reduction Act (PRA) unless that shipments of Atlantic bluefin tuna or furthering management objectives collection of information displays a Atlantic bluefin tuna products in any considering that the United States currently valid OMB Control Number. form harvested by a vessel of Panama imports no ABT from the affected This final rule restates an information will be denied entry into the United countries. NMFS acknowledges that no collection requirement subject to the States, unless a validated Bluefin ABT are imported from these countries; PRA that is currently approved under Statistical Document required under however, it is necessary to close a OMB Control Number 0648–0040. The subpart F of this part, §§ 285.200 potential market when other existing burden to complete and transmit a through 285.205, shows that a particular shipment of such bluefin tuna was markets, such as Japan, are closed. Bluefin Tuna Statistical Document is exported prior to January 1, 1998. Therefore, it is necessary to take this estimated at 20 minutes per document. action. The written comment supported 3. In § 285.205, paragraphs (k) and (l) This final rule has been determined the rule as necessary to encourage other are added to read as follows: not to be significant for purposes of E.O. Contracting Parties to do the same. 12866. § 285.205 Prohibitions. Relation to Proposed Consolidation The AA has determined that with * * * * * The regulatory amendments respect to the prohibitions on imports (k) Import any Atlantic bluefin tuna or contained in this final rule, when by vessels of Belize or Honduras, there Atlantic bluefin tuna products into the proposed, were drafted to be consistent is good cause to waive the 30-day delay United States from Belize or Honduras with a proposed rule to consolidate all in the effective date required by 5 U.S.C. after August 20, 1997 unless a validated of the regulations for Atlantic highly 553(d). This rule implements an ICCAT Bluefin Statistical Document required migratory species (HMS) fisheries, recommendation with respect to these under this subpart F, §§ 285.200 through published on November 6, 1996 (61 FR countries that must be implemented as 285.205, shows that a particular 57361). The proposed consolidation soon as possible after August 4, 1997, shipment of such bluefin tuna was would group all regulations pertaining the date the ICCAT recommendation exported prior to August 20, 1997. to Atlantic HMS under 50 CFR part 630. entered into force. NMFS will rapidly (l) Import any Atlantic bluefin tuna or The final consolidated regulations have communicate these dates to tuna Atlantic bluefin tuna products into the not yet been issued. Accordingly, the importers and trade representatives United States from Panama after January regulatory amendments contained in through the FAX network and a press 1, 1998, unless a validated Bluefin this final rule were revised to make the release. As such, there is good cause to Statistical Document required under appropriate changes to the existing text delay the effective date of this rule with this subpart F, §§ 285.200 through at 50 CFR part 285. The regulatory respect to those two countries. The 285.205, shows that a particular amendments contained in this final rule effective date with respect to Panama is shipment of such bluefin tuna was will eventually be incorporated into the January 1, 1998. exported prior to January 1, 1998. [FR Doc. 97–21984 Filed 8–20–97; 8:45 am] final consolidated regulations at 50 CFR List of Subjects in 50 CFR Part 285 part 630. Copies of the proposed BILLING CODE 3510±22±F consolidation rule may be obtained by Fisheries, Fishing, Penalties, writing (see ADDRESSES) or calling the Reporting and recordkeeping contact person (see FOR FURTHER requirements, Treaties. DEPARTMENT OF COMMERCE INFORMATION CONTACT). Dated: August 14, 1997. National Oceanic and Atmospheric Classification Rolland A. Schmitten, Administration Assistant Administrator for Fisheries, This rule is published under the National Marine Fisheries Services. 50 CFR Part 285 authority of the ATCA, 16 U.S.C. 971 et seq. The AA has determined that the For the reasons set out in the [I.D. 081597B] regulations contained in this rule are preamble, 50 CFR part 285 is amended necessary to implement the as follows: Atlantic Tuna Fisheries; Atlantic Bluefin Tuna Fishery recommendations of ICCAT and are PART 285ÐATLANTIC TUNA necessary for the conservation and FISHERIES AGENCY: National Marine Fisheries management of the Atlantic tuna Service (NMFS), National Oceanic and fisheries. 1. The authority citation for part 285 Atmospheric Administration (NOAA), The Assistant General Counsel for continues to read as follows: Commerce. Legislation and Regulation of the Authority: 16 U.S.C. 971 et seq. ACTION: Closure. Department of Commerce certified to the Chief of Advocacy of the Small 2. New § 285.87 is added to subpart D SUMMARY: NMFS closes the fishery for Business Administration when this rule to read as follows: school Atlantic bluefin tuna (ABT) 44424 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations conducted by Angling category and small medium ABT is now closed the remainder of calendar year 1997, fishermen in the waters off Delaware for the season. unless additional quota becomes and states south. Closure of this fishery The fishery for school, large school, available through a transfer. Regulations is necessary because the annual quota of small medium, and trophy ABT governing the summer flounder fishery 51 metric tons (mt) of school ABT (measuring greater than 73 inches), for require publication of this notice to allocated for this subcategory in waters the waters off New Jersey and states advise the State of Maryland that the off Delaware and states south is north is not affected by this closure, and quota has been harvested and to advise projected to be attained by August 18, remains open until further notice at a vessel and dealer permit holders that no 1997. The intent of this action is to catch limit of one fish per vessel per commercial quota is available for prevent overharvest of the quota day. landing summer flounder in Maryland. established for this fishery. A small amount of trophy ABT DATES: Effective August 20, 1997, DATES: Effective 11:30 p.m. local time remains in the southern area; pending through December 31, 1997. on August 18, 1997, through December attainment of the annual quota for FOR FURTHER INFORMATION CONTACT: 31, 1997. trophy fish, large medium or giant ABT Lucille L. Helvenston, Fishery (73 inches (185 cm) total curved fork FOR FURTHER INFORMATION CONTACT: Management Specialist, 508–281–9347. length or greater) may still be landed Sarah McLaughlin, 301–713–2347, or SUPPLEMENTARY INFORMATION: Mark Murray-Brown, 508–281–9260. under the Angling category subject to the trophy fish limit of one per vessel Regulations governing the summer SUPPLEMENTARY INFORMATION: per year. Such large medium or giant flounder fishery are found at 50 CFR Regulations promulgated under the ABT must be reported to the nearest part 648. The regulations require annual authority of the Atlantic Tunas NMFS enforcement office as required specification of a commercial quota that Convention Act (16 U.S.C. 971 et seq.) under § 285.24. In North Carolina, is apportioned among the states from regulating the harvest of ABT by trophy fish must be reported to the North Carolina through Maine. The persons and vessels subject to U.S. Coast Guard at 919–995–6403. Anglers process to set the annual commercial jurisdiction are found at 50 CFR part should verify that the trophy category quota and the percent allocated to each 285. remains open by calling the NMFS 24– state are described in § 648.100. Section 285.22(d)(1) of the regulations The initial total commercial quota for hour Information Line at 301–713–1279 provides for an annual quota of 51 mt summer flounder for the 1997 calendar prior to each fishing trip. of school ABT to be harvested from year was set equal to 11,111,298 lb waters off Delaware and states south by Classification (5,040,000 kg) (March 7, 1997, 62 FR individuals in the Angling category. The This action is taken under 50 CFR 10473). The percentage allocated to Assistant Administrator for Fisheries, 285.20(b) and 50 CFR 285.22 and is vessels landing summer flounder in NOAA (AA), is authorized under exempt from review under E.O. 12866. Maryland is 2.03910 percent, or 226,570 § 285.20(b)(1) to monitor the catch and lb (102,770 kg). landing statistics and, on the basis of Authority: 16 U.S.C. 971 et seq. Section 648.100(d)(2) stipulates that those statistics, to project a date when Dated: August 18, 1997. any overages of commercial quota the catch of ABT will equal any quota Gary C. Matlock, landed in any state be deducted from under § 285.22. The AA is further Director, Office of Sustainable Fisheries, that state’s annual quota for the authorized under § 285.20(b)(1) to National Marine Fisheries Service. following year. In the calendar year prohibit fishing for, or retention of, [FR Doc. 97–22258 Filed 8–18–97; 2:48 pm] 1996, a total of 264,886 lb (120,150 kg) Atlantic bluefin tuna by those fishing in BILLING CODE 3510±22±F were landed in Maryland. The amount the category subject to the quota when allocated for Maryland landings in 1996 the catch of tuna equals the quota was 226,570 lb (102,770 kg), creating a established under § 285.22. The AA has DEPARTMENT OF COMMERCE 38,316 lb (17,380 kg) overage that was determined, based on the reported catch deducted from the amount allocated for and estimated fishing effort, that the National Oceanic and Atmospheric landings in that state during 1997 (July annual quota of school ABT for those Administration 15, 1997, 62 FR 37741 and as corrected fishing in waters off Delaware and states on August 12, 1997, 62 FR 43127). The 50 CFR Part 648 south will be attained by August 18, resulting quota for Maryland is 188,254 1997. Fishing for, catching, possessing, [Docket No. 961210346±7035±02; I.D. lb (85,391 kg). or landing any school ABT (measuring 081597C] Section 648.101(b) requires the 27 inches to less than 47 inches (69 cm Administrator, Northeast Region, NMFS to less than 119 cm)) in the closed area Fisheries of the Northeastern United (Regional Administrator), to monitor must cease at 11:30 p.m. local time on States; Summer Flounder Fishery; commercial quotas and to determine August 18, 1997. Commercial Quota Harvested for when a state’s commercial quota is However, anglers may continue to tag Maryland harvested. The Regional Administrator and release ABT of all sizes under the AGENCY: National Marine Fisheries is further required to publish a notice in NMFS tag-and-release program (50 CFR Service (NMFS), National Oceanic and the Federal Register advising a state and 285.27). The southern area Angling Atmospheric Administration (NOAA), notifying Federal vessel and dealer category fishery for bluefin tuna in the Commerce. permit holders that, effective upon a large school and small medium size ACTION: Commercial quota harvest. specific date, the state’s commercial classes (47 inches to less than 59 inches quota has been harvested and no (119 cm to less than 150 cm), and 59 SUMMARY: NMFS announces that the commercial quota is available for inches to less than 73 inches (150 cm to summer flounder commercial quota landing summer flounder in that state. less than 185 cm) curved fork length, available to the State of Maryland has Because the available information respectively) was closed effective July been harvested. Vessels issued a indicates that the State of Maryland has 20, 1997 (62 FR 35447, July 1, 1997). commercial Federal fisheries permit for attained its quota for 1997, the Regional Therefore, the southern area Angling the summer flounder fishery may not Administrator has determined based on category fishery for school, large school, land summer flounder in Maryland for dealer reports and other available Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44425 information, that the state’s commercial invited. If no changes are necessary, Reports of the Planning Team and the quota has been harvested. these interim final quotas will become Advisory Subpanel were then presented The regulations at § 648.4(b) provide final quotas without further notice. The to the Council at its June 23–25 meeting that Federal permit holders agree as a intended effect of this action is to in Seattle, WA. Although no additional condition of the permit not to land establish allowable harvest levels for the information was provided to the summer flounder in any state that the central subpopulation of Pacific Council regarding anticipated domestic Regional Administrator has determined anchovy. use of anchovy, the Council no longer has commercial quota DATES: Effective on August 15, 1997. recommended that the entire 61,600 mt available. Therefore, effective 0001 Comments will be accepted until available for reduction fishing be hours August 20, 1997, further landings September 15, 1997. allocated to the domestic fishery (70 of summer flounder in Maryland by ADDRESSES: Submit comments on the percent of the biomass above 300,000 vessels holding commercial Federal interim final quotas to Dr. William T. mt). There is some uncertainty with fisheries permits are prohibited for the Hogarth, Acting Regional Administrator, regard to what the domestic fishery will remainder of the 1997 calendar year, Southwest Region, NMFS, 501 West harvest, and there is always great unless additional quota becomes Ocean Blvd., Suite 4200, Long Beach, uncertainty with regard to what Mexico available through a transfer and is CA 90802–4213. Administrative Reports will harvest. Nevertheless, the U.S. announced in the Federal Register. LJ–95–11 and LJ–97–08 are available harvest has remained low. The Mexican Effective the date above, federally from this same address. harvest increased significantly in 1995 permitted dealers are also advised that FOR FURTHER INFORMATION CONTACT: Mr. but dropped to a moderate level in 1996. they may not purchase summer flounder James J. Morgan, Southwest Region, With the information available, the best from Federally permitted vessels that NMFS, (562) 980–4036. estimate of domestic use for reduction land in Maryland for the remainder of fishing is 13,000 mt. SUPPLEMENTARY INFORMATION: In the calendar year, or until additional According to the formula in the FMP, consultation with the California the U.S. optimum yield (OY) is 61,600 quota becomes available through a Department of Fish and Game and the transfer. mt (70 percent of the biomass above NMFS Southwest Fisheries Science 300,000), which is allocated to Classification Center, the Acting Administrator, reduction fisheries, plus 4,900 mt for This action is required by 50 CFR part Southwest Region, NMFS, (Regional non-reduction fisheries. Since there is 648 and is exempt from review under Administrator) has decided to use the no agreement with Mexico on the E.O. 12286. 1995 estimate of 388,000 mt spawning management of northern anchovy, a biomass for the central subpopulation of Authority: 16 U.S.C. 1801 et seq. portion of the biomass (30 percent) northern anchovy, Engraulis mordax, to above 300,000 mt is designated as the Dated: August 18, 1997. set harvest limits for the 1997–98 amount to account for this unregulated Gary C. Matlock, fishing year. This is the same biomass harvest. Any portion of the U.S. OY not Director, Office of Sustainable Fisheries, estimate that was used for the 1995–96 used by U.S. fishermen is identified as National Marine Fisheries Service. and the 1996–97 fishing years and is total allowable level of foreign fishing [FR Doc. 97–22259 Filed 8–18–97; 2:48 pm] being used because no new assessment (TALFF) and is available to foreign BILLING CODE 3510±22±F has been made. Recently examined fishing. indices of relative abundance of The amount of the TALFF is based on anchovy schools from airplane fish- the portion of the U.S. OY that will not DEPARTMENT OF COMMERCE spotter logs and egg production from be used by U.S. fishermen, minus the research cruises indicate that the amount of harvest by Mexican vessels National Oceanic and Atmospheric biomass remains at or above that Administration that is in excess of that allocated to estimated in 1995. Mexico according to the formula in the The biomass estimate was derived 50 CFR Part 660 FMP. The estimate of Mexican excess from a stock assessment model using harvest is based on the largest harvest in [Docket No. 970813196±7196±01; ID. spawning biomass estimated by five the last 3 years; however, the biomass 073197A] indices of abundance. Documentation of has been so low during this time that the spawning biomass is contained in there was no significant fishery off Fisheries Off West Coast States and in Administrative Report LJ–95–11, the Western Pacific; Northern Anchovy Mexico until 1995, and there has been published by the Southwest Fisheries no excess Mexican harvest as defined in Fishery; Quotas for the 1997±98 Science Center, NMFS (see ADDRESSES). Fishing Year the FMP. Administrative Report LJ–97–08 After considering the above, the AGENCY: National Marine Fisheries examining indices of relative abundance Regional Administrator has made the Service (NMFS), National Oceanic and was provided at a public meeting of the following determinations for the 1997– Atmospheric Administration (NOAA), Pacific Fishery Management Council’s 98 fishing year by applying the formulas Commerce. (Council) Coastal Pelagics Planning in the FMP and in 50 CFR Part ACTION: Interim final quotas. Team and Advisory Subpanel in Long 660.509(b): Beach, CA, on June 18, 1997. At that 1. The total U.S. OY for northern SUMMARY: NMFS announces the time, a review of the status of the anchovy is 66,500 mt, plus an estimated spawning biomass and anchovy resource was presented by the unspecified amount for use as live bait. interim final harvest quotas for the Planning Team, and NMFS requested 2. The total U.S. harvest quota for northern anchovy fishery in the estimates of domestic processing needs reduction purposes exclusive economic zone south of Point from the fishing industry so that a basis is 13,000 mt. Reyes, CA, the 1997–98 fishing year. could be established for setting annual a. Of the total reduction harvest quota, These quotas may only be adjusted if quotas. As was the case in 1996, 1,300 mt is reserved for the reduction inaccurate data were used or if errors representatives of the industry felt that fishery in Subarea A (north of Pt. were made in the calculations. 13,000 mt would meet the needs of the Buchon). The FMP requires that 10 Comments on these two points are reduction industry. percent of the U.S. reduction quota or 44426 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations

9,072 mt, whichever is less, be reserved 7. Domestic annual harvest capacity public comment would serve no useful for the northern fishery. This is not a (DAH) is 13,000 mt. DAH is the sum of purpose. special quota, but only a reduction in DAP and JVP. Because this rule merely establishes a the amount allocated to the southern 8. The TALFF is 48,600 mt. quota and does not require any fishery south of Pt. Buchon (Subarea B). participants in the fishery to take action After the northern fishery has harvested The fishery will be monitored during the year and evaluated with respect to or to come into compliance, the AA 1,300 mt, any unused portion of the finds for good cause under 5 U.S.C. Subarea B allocation may also be the OY and the estimated needs of the fishing industry. Adjustments may be 553(d)(3) that delaying the effective date harvested north of Pt. Buchon. of this rule for 30 days is unnecessary. b. The reduction quota for subarea B made to comply with the requirements Further, because establishing a quota (south of Pt. Buchon) is 11,700 mt. of the FMP and its implementing 3. The U.S. harvest quota for non- regulations. allows the opening of the fishery, it relieves a restriction and under 5 U.S.C. reduction fishing This action is authorized by 50 CFR (i.e., fishing for anchovy for use as 553(d)(1) is not subject to a delay in part 660.509 and is exempt from review effective date. Accordingly the AA dead bait or human consumption) is under E.O. 12866. 4,900 mt (as set by § 660.509(b)). makes the quota effective upon the date 4. There is no U.S. harvest limit for The Assistant Administrator for of filing for public inspection with the the live bait Fisheries, NOAA (AA) finds for good Office of the Federal Register. fishery. cause under 5 U.S.C. 553(b)(B) that Authority: 16 U.S.C. 1801 et seq. 5. The domestic annual processing providing prior notice and an Dated: August 15, 1997. capacity (DAP) is 13,000 mt. opportunity for public comment on this 6. The amount allocated to joint action is unnecessary because Rolland A. Schmitten, venture processing establishing the quota is a ministerial Assistant Administrator for Fisheries, (JVP) is zero, because there is no act, determined by applying a formula National Marine Fisheries Service. history of, nor are there applications for, in the FMP. Accordingly, providing [FR Doc. 97–22093 Filed 8–15–97; 3:46 pm] joint ventures. prior notice and an opportunity for BILLING CODE 3510±22±F 44427

Proposed Rules Federal Register Vol. 62, No. 162

Thursday, August 21, 1997

This section of the FEDERAL REGISTER enforcement of the present Compact ADDRESSES: Comments should be sent to contains notices to the public of the proposed Over-Order Price regulation. Ed Ueber, Gulf of the Farallones issuance of rules and regulations. The National Marine Sanctuary, Fort Mason, purpose of these notices is to give interested (Authority: (a) Article V, Section 11 of the # Northeast Interstate Dairy Compact, and all Building 201, San Francisco, persons an opportunity to participate in the California, 94123, or Elizabeth Moore, rule making prior to the adoption of the final other applicable Articles and Sections, as rules. approved by 7 U.S.C. 7256, and as thereby set Sanctuaries and Reserves Division, forth in S.J. Res. 28(1)(b) of the 104th National Oceanic and Atmospheric Congress; Finding of Compelling Public Administration, 1305 East West NORTHEAST DAIRY COMPACT Interest by United States Department of Highway, SSMC4, N/ORM2, Silver Agriculture Secretary Dan Glickman, August COMMISSION Spring, Maryland, 20910. Comments 8, 1996 and March 20, 1997. (b) Bylaws of will be available for public inspection at the Northeast Dairy Compact Commission, 7 CFR Chapter XIII adopted November 21, 1996.) the same addresses. FOR FURTHER INFORMATION CONTACT: Daniel Smith, Ed Notice of Meeting Ueber at (415) 561–6622 or Elizabeth Executive Director. Moore at (301) 713–3141 ext. 170. AGENCY: Northeast Dairy Compact [FR Doc. 97–22173 Filed 8–20–97; 8:45 am] SUPPLEMENTARY INFORMATION: Commission. In BILLING CODE 1650±01±P recognition of the national significance ACTION: Notice of meeting. of the unique marine environment centered around the Farallon Islands, SUMMARY: The Compact Commission DEPARTMENT OF COMMERCE California, the Gulf of the Farallones will hold its regular monthly meeting to National Marine Sanctuary (GFNMS or National Oceanic and Atmospheric consider whether to initiate the notice Sanctuary) was designated in January Administration and comment procedure for rulemaking 1981. Final regulations to implement related to re-establishment of a Compact 15 CFR Part 922 that designation (15 CFR Part 922 Over-Order Price Regulation. The Subpart H) were issued on January 26, current price regulation expires on [Docket No. 970626156±7156±01] 1981. The GFNMS regulations at 15 CFR December 31, 1997. The Commission RIN 0648±AK01 922.82 prohibit a relatively narrow will also consider certain matters range of activities and thus makes it relating to office administration and Operation of Motorized Personal unlawful for any person to conduct implementation of its current over-order Watercraft in the Gulf of the Farallones them or cause them to be conducted. price regulation. National Marine Sanctuary Operation of motorized personal DATES: The meeting is scheduled for watercraft (e.g., jet skis, wet bikes, surf August 28, 1997 commencing at 10:00 AGENCY: Sanctuaries and Reserves jets, etc.), also referred to as ‘‘thrill a.m. to adjournment. Division (SRD), Office of Ocean and craft,’’ in the Sanctuary is currently Coastal Resource Management (OCRM), ADDRESSES: The meeting will be held in neither directly regulated nor prohibited National Ocean Service (NOS), National Room 301–303 at the New Hampshire by Sanctuary regulations, although it is Oceanic and Atmospheric Legislative Office Building located on within NOAA’s purview to do so. Administration (NOAA), Department of 33 North State Street in Concord, NH SRD received a petition on April 18, Commerce (DOC). (exit 14 off Interstate 93). 1996, from the Environmental Action ACTION: Notice of inquiry; request for Committee of West Marin, California FOR FURTHER INFORMATION CONTACT: information. (EAC) to ban the use of motorized Daniel Smith, Executive Director, personal watercraft in the GFNMS. EAC Northeast Dairy Compact Commission, SUMMARY: The National Oceanic and believes that ‘‘the use of motorized 43 State Street, PO Box 1058, Atmospheric Administration’s (NOAA) personal watercraft . . . is completely Montpelier, VT 05601. Telephone (802) Sanctuaries and Reserves Division incompatible with the existence of a 229–1941. (SRD) is soliciting any information from marine sanctuary,’’ and gives such SUPPLEMENTARY INFORMATION: Notice is interested parties that would assist in reasons as the danger of such craft to hereby given that the Northeast Dairy evaluating the operation of motorized biological resources, and users of the Compact Commission will hold its personal watercraft (e.g., jet skis, wet Sanctuary. SRD has also received 195 regularly scheduled monthly meeting. bikes, surf jets, etc.), also referred to as letters from members of the public in The Commission will consider whether ‘‘thrill craft,’’ in the area of the Gulf of response to media publicity about the to initiate the notice and comment the Farallones National Marine petition. Sixty-four percent are against procedure under Section 11 of the Sanctuary (GFNMS or Sanctuary). This any regulation of motorized personal Compact, including the conduct of a information will be used by NOAA in watercraft, with the majority of these public hearing, for rulemaking related to assessing the present and potential use letters from owners of motorized re-establishment of a Compact Over- and impacts of motorized personal personal watercraft. Thirty-three percent Order Price regulation. The current watercraft in the Sanctuary and the of the letters support a ban; of these, price regulation expires December 31, need, if any, for appropriate regulation nine were from environmental 1997. The Commission will also to protect Sanctuary resources or reduce organizations, two were from civic consider certain administrative matters, user conflict in the Sanctuary. groups, and two were from kayaking a technical change to the bylaws, and DATES: Comments must be received by groups. Three percent of the letters issues relating to administration and October 6, 1997. expressed no clear position. 44428 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Proposed Rules

SRD has been reviewing the petition other traffic management measures in are invited. All comments received and obtaining information from various the approaches to the Mississippi River. during the comment period will be sources in order to determine the Concerns for the safety of navigation in considered in the study and in present and potential use and impacts of these areas have been expressed by the development of any regulatory motorized personal watercraft in the Associated Branch Pilots and the Coast proposals. Sanctuary. In order to facilitate the Guard Marine Safety Office in New The Coast Guard intends to hold at review of the petition, SRD is seeking Orleans, LA. This port access route least one public meeting to listen to the the following information: (1) The study will determine what, if any, vessel users, both commercial and recreational, number of motorized personal routing or other traffic management of the waters in the study area. We are watercraft being operated in the measures are needed in the approaches particularly interested in the source of Sanctuary; (2) possible future trends in to the Mississippi River and the delays that slow down commercial such numbers; (3) the customary Mississippi River Gulf Outlet. As a vessels and the source of upsets that launching areas for motorized personal result of the study, vessel routing interfere with the recreational boaters watercraft in or near the Sanctuary; (4) measures or other vessel operating enjoyment of the waterway. Details of the areas of use of motorized personal requirements may be proposed in the the meeting will be announced in a watercraft activity in the Sanctuary, Federal Register. separate notice as well as locally. including areas of concentrated use; (5) DATES: Comments must be received on The Eighth Coast Guard District will the periods (e.g., time of year) of use of or before November 19, 1997. conduct the study and develop motorized personal watercraft in the ADDRESSES: Comments should be recommendations. Captain M.M. Ledet, Sanctuary, including periods of high mailed to Commander (mov–1), Eighth Vessel Traffic Management Section, incidence of use; (6) studies or technical Coast Guard District, Hale Boggs Federal Marine Safety Branch, Eighth Coast articles concerning the impacts of Building, 501 Magazine Street, New Guard District (504) 589–4686 is the motorized personal watercraft on Orleans, LA 70130–3396. The comments project officer responsible for the study. marine resources and other users; (7) and other materials related to this notice Background and Purpose first person or documented accounts of will be available for inspection and impacts of motorized personal copying at 501 Magazine Street, New The 1978 amendments to the Ports watercraft on marine resources and Orleans, LA, room 1341. Normal office and Waterways Safety Act (PWSA), 33 other users; and (8) any other hours are 7 a.m. to 3:30 p.m., Monday U.S.C. 1223(c), require that a port access information or other comments that may through Friday, except holidays. route study be conducted prior to be pertinent to this issue. Comments may also be hand delivered establishing or adjusting fairways or to this address. TSS’s. The Coast Guard is undertaking List of Subjects in 15 CFR Part 922 a port access route study to determine FOR FURTHER INFORMATION CONTACT: Administrative practice and Captain M.M. Ledet (504) 589–4686 or if a vessel routing system is needed in procedure, Coastal zone, Education, M.Ledet/ the study area. An internationally recognized vessel Environmental protection, Marine [email protected] routing system is one or more routes or resources, Natural resources, Penalties, (Internet), or Margie Hegy (202) 267– routing measures aimed at reducing the Recreation and recreation areas, 0415 or [email protected] risk of casualties. A system may include Reporting and recordkeeping (Internet). requirements, Research. TSS’s, two-way routes, recommended SUPPLEMENTARY INFORMATION: tracks, areas to be avoided, inshore Federal Domestic Assistance Catalog Request for Comments traffic zones, roundabouts, Number 11.429. Marine Sanctuary precautionary areas, and deep-water Program. The Coast Guard is interested in routes. Dated: August 14, 1997. receiving information and opinions A TSS is a routing measure which Nancy Foster, from persons who have an interest in minimizes the risk of collision by Assistant Administrator for Ocean Services safe routing of ships in the study area. separating vessels into opposing streams and Coastal Zone Management. Vessel owners and operators are of traffic through the establishment of [FR Doc. 97–22172 Filed 8–20–97; 8:45 am] specifically invited to comment on any traffic lanes. safety concerns they may have when BILLING CODE 3510±08±M A two-way route is a route within operating in the study area. Negative defined limits inside which two-way impacts that may result from the traffic is established, aimed at providing establishment of a routing measure, DEPARTMENT OF TRANSPORTATION safe passage of ships through waters such as a traffic separation scheme where navigation is difficult or Coast Guard (TSS), or a regulated navigation area dangerous. (RNA) with vessel operating A recommended track is a route 33 CFR Part 167 requirements should be identified and which has been specially examined to supported with documentation of any ensure so far as possible that it is free [CGD 97±044] costs or benefits. of dangers and along which ships are Commenters should include their Port Access Routes; Approaches to advised to navigate. names and addresses, identify this the Mississippi River via Southwest An area to be avoided is a routing notice (CGD 97–044), and give reasons Pass, South Pass, Tiger Pass Including measure comprising an area within for each comment. Receipt of comments the Mississippi River Gulf Outlet defined limits in which either will be acknowledged if a stamped, self- navigation is particularly hazardous or AGENCY: Coast Guard, DOT. addressed post card or envelope is it is exceptionally important to avoid ACTION: Notice of study. enclosed. In addition to the specific casualties and which should be avoided questions asked herein, comments from by all ships, or certain classes of ships. SUMMARY: The Coast Guard is the maritime community, offshore An inshore traffic zone comprises a conducting a port access route study to development concerns, environmental designated area between the landward evaluate the need for vessel routing or groups and any other interested parties boundary of a TSS and the adjacent Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Proposed Rules 44429 coast and is used in accordance with Issues proceeding to and from U.S. ports, the Rule 10(d) of the 72 COLREGS. The Coast Guard is trying to PWSA directs that the Secretary A roundabout is a routing measure determine the scope of any safety designate necessary fairways and TSS’s comprising a separation point or problems associated with vessel transit in which the paramount right of circular separation zone and a circular in the study area. It is expected that navigation over all other uses shall be traffic lane within defined limits. Traffic information will be gathered during the recognized. Before a designation can be within the roundabout is separated by study that will identify the problems made, the Coast Guard is required to moving in a counterclockwise direction and appropriate solutions. undertake a study of potential traffic around the separation point or zone. In addition to information that you density and the need for safe access A precautionary area is a defined area wish to provide, the Coast Guard is routes. where ships must navigate with particularly interested in your responses During the study, the Coast Guard is particular caution and within which the to the following questions: directed to consult with federal and direction of traffic flow may be 1. What is the nature of your work state agencies and to consider the views recommended. that causes you to navigate in the study of representatives of the maritime A deep-water route is a route within area? community, port and harbor authorities defined limits which has been 2. How many trips do you make in the or associations, environmental groups, accurately surveyed for clearance of sea study area in a 24-hour period? and other parties who may be affected bottom and submerged obstacles as 3. What route do you take? Please by the proposed action. indicated on nautical charts. specify point of origin and destination? In accordance with 33 U.S.C. 1223(c), the Coast Guard will, to the extent The approaches to the Mississippi 4. Considering all the passes leading practicable, reconcile the need for safe River and the Mississippi River Gulf to the Gulf of Mexico, which would be access routes with the needs of all other Outlet were last studied in 1984. The the most direct to your destination? reasonable uses of the area involved. study concluded that there was a need 5. Are there passes that you do not The Coast Guard will also consider for the establishment of the existing use? Why not? previous studies and experience in the shipping safety fairways. 6. If the U.S. Corps of Engineers maintained each pass to a areas of vessel traffic management, The U.S. Army Corps of Engineers’ predetermined depth, would you use all navigation, shiphandling, the effects of Waterborne Commerce of The United the passes? weather, and prior analysis of the traffic States reports that, from 1984 to 1993, 7. What should be the maintained density in certain regions. volume of traffic increased from 397.1 depth of each pass? Data needed to gain a clear million tons to 520.3 million tons. 8. Have you had an accident or near understanding of the waterway and its Channel depths were increased to 45 miss when transiting the mouth of the uses will be gathered by a contractor. feet in 1994. Mississippi River? If so, where? Please The Coast Guard will focus on The Associated Branch Pilots describe the incident. interaction with waterway users and Association and the Coast Guard’s 9. Would a traffic separation scheme stakeholders to scope out safety Marine Safety Office in New Orleans to separate opposing streams of traffic concerns and determine an appropriate have expressed concern about the safety help in preventing accidents or near solution. of navigation due to the frequency of misses? The results of this study will be collisions that have the potential to 10. Would improved aids to published in the Federal Register. If the close one of the busiest ports in the navigation help in preventing accidents Coast Guard determines that new United States. In addition to safety or near misses? What improvements routing or other regulatory measures are concerns, several collisions in the past would you suggest? needed, a notice of proposed few years have demonstrated the 11. Would mandatory vessel transit rulemaking will be published. It is potential for far reaching economic restrictions or operating requirements in anticipated that the study will be impact. The most recent collision the passes and near shore waters help? concluded by 30 January 1998. involving the M/V FORMOSA SIX and 12. Do you have other suggestions to the M/V FLORA partially closed the improve navigational safety in the study Dated: August 7, 1997. waterway with an estimated cost of over area? R.C. North, one million dollars per day. The study may recommend the Rear Admiral, U.S. Coast Guard, Assistant following: Commandant for Marine Safety and Study Area 1. No vessel routing measures are Environmental Protection. The study area is bounded by a line needed. [FR Doc. 97–22136 Filed 8–20–97; 8:45 am] connecting the following geographic 2. Establish one or more of the BILLING CODE 4910±14±M positions: following vessel routing measures: (a) TSS in the approach to Southwest Latitude Longitude Pass of the Mississippi River; ENVIRONMENTAL PROTECTION (b) TSS in the approach to the AGENCY 29°02′20′′ N ...... 89°40′15′′ W Mississippi River Gulf Outlet; 29°33′00′′ N ...... 89°02′39′′ W 40 CFR Part 52 ° ′ ′′ ° ′ ′′ (c) Precautionary area(s) near either or 29 32 45 N ...... 88 42 40 W both approaches; or, 29°03′30′′ N ...... 88°45′12′′ W [PA4051b; FRL±5865±7] 28°36′30′′ N ...... 89°18′09′′ W (d) Inshore traffic zone(s) near either 28°26′15′′ N ...... 89°41′15′′ W or both approaches; and, Approval and Promulgation of Air 3. Establish a regulated navigation Quality Implementation Plans; The study area encompasses the area with specific vessel operating Pennsylvania; Approval of VOC and approaches to the Mississippi River, the requirements to ensure safe navigation. NOX RACT Determinations for Mississippi River Gulf Outlet as well as Individual Sources the area offshore of southeast Louisiana Procedural Requirements used by commercial vessels transiting to In order to provide safe access routes AGENCY: Environmental Protection and between these ports. for movement of vessel traffic Agency (EPA). 44430 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Proposed Rules

ACTION: Proposed rule. mail, comments must be submitted in site and to determine what CERCLA- writing to the above Region III address. financed remedial action(s), if any, may SUMMARY: EPA proposes to approve the SUPPLEMENTARY INFORMATION: See the be appropriate. State Implementation Plan (SIP) information pertaining to this action, EPA is proposing today to add to the revision submitted by the VOC and NOX RACT determinations for Montrose Chemical Corporation Commonwealth of Pennsylvania for the individual sources located in National Priorities Listing certain DDT- purpose of establishing volatile organic Pennsylvania, provided in the direct and PCB-contaminated sediments found compound (VOC) and nitrogen oxides final action of the same title which is on the seafloor off the coast of the Palos (NOX) reasonably available control located in the Rules and Regulations Verdes Peninsula in Southern technology (RACT) for two major Section of this Federal Register. California. EPA is also soliciting sources located in Pennsylvania. In the comments from the public on this final rules section of this Federal Authority: 42 U.S.C. 7401–7671q. proposal consistent with 40 CFR Register, EPA is approving the Dated: July 22, 1997. 300.425(d)(5)(i). Commonwealth’s SIP revision as a Thomas Voltaggio, DATES: Comments on this proposal must direct final rule without prior proposal Acting Regional Administrator, Region III. be submitted (postmarked) on or before because the Agency views this as a [FR Doc. 97–22063 Filed 8–20–97; 8:45 am] October 20, 1997. noncontroversial SIP revision and BILLING CODE 6560±50±P ADDRESSES: By Mail: Mail original and anticipates no adverse comments. A three copies of comments (no facsimiles detailed rationale for the approval is set or tapes) to Docket Coordinator, forth in the direct final rule and the ENVIRONMENTAL PROTECTION Headquarters; U.S. EPA; CERCLA accompanying technical support AGENCY Docket Office (Mail Code 5201G); 401 M document. If no adverse comments are Street, SW; Washington, DC 20460; received in response to this proposed 40 CFR Part 300 (703) 603–9232. rule, no further activity is contemplated [FRL±5878±4] By Overnight Mail: Send original and in relation to this rule. If EPA receives three copies of comments (no facsimiles adverse comments, the direct final rule National Priorities List for Uncontrolled or tapes) to Docket Coordinator, will be withdrawn and all public Hazardous Waste Sites, Proposed Rule Headquarters; U.S. EPA; CERCLA comments received will be addressed in AGENCY: Environmental Protection Docket Office; 1235 Jefferson Davis a subsequent final rule based on this # Agency. Highway; Crystal Gateway 1, First proposed rule. EPA will not institute a Floor; Arlington, VA 22202. ACTION: second comment period on this action. Proposed rule; Amendment of By E-Mail: Comments in ASCII format Any parties interested in commenting Montrose Chemical Corporation Site only may be mailed directly to SUPER- on this action should do so at this time. Listing. [email protected]. If adverse comments are received that SUMMARY: The Comprehensive E-mailed comments must be followed do not pertain to all documents subject up by an original and three copies sent to this rulemaking action, those Environmental Response, Compensation, and Liability Act of 1980 by mail or Federal Express. documents not affected by the adverse If you wish to view documents comments will be finalized in the (‘‘CERCLA’’ or ‘‘the Act’’) requires that the National Oil and Hazardous themselves, requests for appointments manner described here. Only those or copies of the background information documents that receive adverse Substances Pollution Contingency Plan (‘‘NCP’’), found at 40 CFR part 300, from the public docket should be comments will be withdrawn in the directed to: manner described here. include a list of national priorities among the known releases or threatened Docket Coordinator, Headquarters, DATES: Comments must be received in U.S. EPA CERCLA Docket Office (Mail releases of hazardous substances, # writing by September 22, 1997. pollutants, or contaminants throughout Code 5201G); Crystal Gateway 1, 1st ADDRESSES: Written comments on this the United States. The National Floor; 1235 Jefferson Davis Highway; action should be addressed to David J. Priorities List (‘‘NPL’’) constitutes this Arlington, VA 22202. Phone: (703) 603– Campbell, Air, Radiation, and Toxics list. The NPL is found in Appendix B of 9232; Hours: 9:00 a.m. to 4:00 p.m. Division, Mailcode 3AT22, U.S. 40 CFR part 300. Monday through Friday excluding Environmental Protection Agency, The principal mechanism for placing Federal holidays. (Please note this is the Region III, 841 Chestnut Building, sites on the NPL is the Hazard Ranking viewing address only. Do not mail Philadelphia, Pennsylvania 19107. System (HRS). Under the HRS various documents to this address.) Copies of the documents relevant to this conditions at a site (for example, FOR FURTHER INFORMATION CONTACT: action are available for public volumes of waste present or relative Carolyn Douglas, NPL Coordinator, U.S. inspection during normal business toxicity of pollutants) are assigned EPA Region 9, (415) 744–2343. hours at the Air, Radiation, and Toxics numerical values to develop a total SUPPLEMENTARY INFORMATION: Division, U.S. Environmental Protection score that measures the relative risk at Agency, Region III, 841 Chestnut a site compared with other sites. The I. Introduction II. Contents of This Proposed Rule Building, Philadelphia, Pennsylvania HRS is found in Appendix A of 40 CFR 19107; and the Pennsylvania III. Executive Order 12866 part 300. A site with a total score in IV. Unfunded Mandates Department of Environmental excess of 28.5 under the HRS is eligible V. Effect on Small Businesses Protection, Bureau of Air Quality for listing on the NPL. Control, P.O. Box 8468, 400 Market The NPL is intended primarily to I. Introduction Street, Harrisburg, Pennsylvania 17105. guide the Environmental Protection The Palos Verdes Shelf area that is FOR FURTHER INFORMATION CONTACT: Rose Agency (‘‘EPA’’ or ‘‘the Agency’’) in subject to this rulemaking is an Quinto, (215) 566–2182, at the EPA determining which sites warrant further extremely important commercial and Region III office or via e-mail at investigation to assess the nature and recreational fishing area and an area of [email protected]. While extent of public health and high marine productivity that has information may be requested via e- environmental risks associated with the become highly contaminated with Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Proposed Rules 44431 hazardous substances that have the referred to as the ‘‘Superfund’’) only • EPA anticipates that it will be more potential to severely impact human after it is placed on the NPL, as cost-effective to use its remedial health and the environment. This area provided in the NCP at 40 CFR authority (available only at NPL sites) has been the subject of intense 300.425(b)(1). than to use its removal authority to investigation by federal agencies However, under 40 CFR 300.425(b)(2) respond to the release. charged with protection of human placing a site on the NPL ‘‘does not EPA promulgated an original NPL of health and the environment and has imply that monies will be expended.’’ 406 sites on September 8, 1983 (48 FR generated complex litigation. EPA may pursue other appropriate 40658). The NPL has been expanded In view of the serious potential public authorities to remedy the releases, since then, most recently on April 1, health and environmental risks including enforcement action under 1997 (62 FR 15572). associated with this area, EPA is CERCLA and other laws. Further, the The NPL serves primarily proposing to add the Palos Verdes Shelf NPL is only of limited significance, as informational purposes, identifying for contamination to the existing Montrose it does not assign liability to any party the States and the public those facilities Chemical Corporation National or to the owner of any specific property. and sites or other releases which appear Priorities Listing. A discussion of See Report of the Senate Committee on to warrant remedial actions. Inclusion of background on this issue follows. Environment and Public Works, Senate a facility or site on the NPL does not Statutory and Regulatory Background Rep. No. 96–848, 96th Cong., 2d Sess. require an owner or operator to 60 (1980), quoted at 48 FR 40659 undertake any action, nor does it assign In 1980, Congress enacted the (September 8, 1983). liability to any person. Separate Comprehensive Environmental Three mechanisms for placing sites on Response, Compensation, and Liability government action in the form of the NPL are included in the NCP at 40 Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or remedial or removal actions or CFR 300.425(c). Under 40 CFR ‘‘the Act’’), in response to the dangers of enforcement actions would be necessary 300.425(c)(1), a site may be included on uncontrolled hazardous waste sites. in order to do so, and these actions the NPL if it scores sufficiently high on CERCLA was amended on October 17, would be attended by all procedural the Hazard Ranking System (‘‘HRS’’), 1986, by the Superfund Amendments safeguards required by law. and Reauthorization Act (‘‘SARA’’), which EPA promulgated as Appendix A The purpose of the NPL is primarily Public Law No. 99–499, stat. 1613 et of 40 CFR Part 300. On December 14, to serve as an informational and seq. To implement CERCLA, EPA 1990 (55 FR 51532), EPA promulgated management tool. The identification of promulgated the revised National Oil revisions to the HRS partly in response a site on the NPL is intended primarily and Hazardous Substances Pollution to CERCLA section 105(c), added by to guide EPA in determining which sites Contingency Plan (‘‘NCP’’), 40 CFR Part SARA. The revised HRS evaluates four warrant further investigation to assess 300, on July 16, 1982 (47 FR 31180), pathways: ground water, surface water, the nature and extent of the public pursuant to CERCLA section 105 and soil exposure, and air. health and environmental risks Executive Order 12316 (46 FR 42237, The HRS serves as a screening device associated with the site and to August 20, 1981). The NCP sets forth the to evaluate the relative potential of determine what CERCLA response guidelines and procedures needed to uncontrolled hazardous substances to actions, if any, may be appropriate. The respond under CERCLA to releases and pose a threat to human health or the NPL also serves to notify the public of threatened releases of hazardous environment. Those sites that score sites that EPA believes warrant further substances, pollutants, or contaminants. 28.50 or greater on the HRS are eligible investigation and potentially, cleanup EPA has revised the NCP on several for the NPL. activities. Under a second mechanism for occasions. The most recent The Palos Verdes Shelf comprehensive revision was on March adding sites to the NPL, each State may 8, 1990 (55 FR 8666). designate a single site as its top priority, General History. From 1947 until Section 105(a)(8)(A) of CERCLA regardless of the HRS score. This 1982, Montrose Chemical Corporation of requires that the NCP include ‘‘criteria mechanism is provided by the NCP at California, Inc. (Montrose) operated a for determining priorities among 40 CFR 300.425(c)(2). Statutory manufacturing facility in Los Angeles releases or threatened releases authority for this provision is provided for the production of dichloro-diphenyl throughout the United States for the in CERCLA section 105(a)(8)(B) which trichloroethane (DDT), an agricultural purpose of taking remedial action. provides that, to the extent practicable, pesticide. During this period, Montrose * * *’’ the NPL include one facility designated was among the largest producers of DDT Pursuant to section 105(a)(8)(B) of by each State representing the greatest in the United States. CERCLA, as amended by SARA, EPA danger to public health, welfare, or the There were numerous releases of DDT has promulgated a list of national environment among known facilities in and other hazardous substances from priorities among the known or the State. the Montrose plant as a result of spills threatened releases of hazardous The third mechanism for listing, of contaminated wastewater, storage and substances, pollutants, or contaminants included in the NCP at 40 CFR disposal of contaminated wastewater in throughout the United States. That list, 300.425(c)(3), allows certain sites to be an unlined pond, surface water runoff, which is Appendix B of 40 CFR Part listed regardless of their HRS score, if and aerial dispersion. In addition, 300, is the National Priorities List all of the following conditions are met: Montrose discharged process (‘‘NPL’’). • The Agency for Toxic Substances wastewater containing large quantities CERCLA section 105(a)(8)(B) defines and Disease Registry (ATSDR) of the of DDT into the sewer system the NPL as a list of ‘‘releases’’ and as a U.S. Public Health Service has issued a maintained by County Sanitation list of the highest priority ‘‘facilities.’’ health advisory that recommends District No. 2 of Los Angeles County CERCLA section 105(a)(8)(B) also dissociation of individuals from the (LACSD). This contaminated wastewater requires that the NPL be revised at least release. flowed to a wastewater treatment plant annually. A site may undergo remedial • EPA determines that the release owned by LACSD and was discharged to action financed by the Trust Fund poses a significant threat to public the Pacific Ocean through submarine established under CERCLA (commonly health. outfalls on the Palos Verdes Shelf, 44432 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Proposed Rules resulting in DDT contamination of the Corporation of California, et al., No. CV PCBs in the tissue of fish and eggs of sediments on the Shelf. 90–3122–AAH(Jrx) (C.D. Cal.). Two birds in this offshore area. DDT and other hazardous substances claims are asserted in that action. First, After reviewing the federal and state from the Montrose plant also reached federal and state natural resource natural resource trustees’ damage the Pacific Ocean via surface water trustees—e.g., the National Oceanic and assessment reports, EPA in December runoff that was carried via stormwater Atmospheric Administration (NOAA), 1994 began to consider whether it channels to the Consolidated Slip in the the U.S. Fish and Wildlife Service, the should undertake response actions Los Angeles harbor. National Park Service, the California directed at the DDT and PCB EPA began investigating releases from Department of Fish and Game, the contamination on the Palos Verdes the Montrose plant in 1982. In 1984 California State Lands Commission and Shelf. EPA had long been addressing EPA proposed to add the Montrose the California Department of Parks and DDT contamination at and emanating Chemical Corporation site to the NPL. Recreation—seek to recover natural from the Montrose plant, including (49 FR 40320, October 15, 1984) resource damages for injury to trust contamination through the groundwater, Following further investigation, on resources as a result of DDT and PCB through stormwater runoff channels, October 4, 1989, EPA issued a final contamination on the Palos Verdes Shelf into neighboring properties, through the regulation amending the NPL to add and other marine areas. Second, EPA is sewer system, and into the consolidated several sites, including the Montrose seeking compel the implementation of slip. The information in the trustees’ Chemical Corporation Site (Montrose response actions and to recover damage assessments confirmed that the NPL Site). (54 FR 41015) The response costs incurred and to be DDT and PCBs on the Palos Verdes administrative record supporting the incurred by the United States under Shelf pose a continuing threat to natural 1989 listing decision includes an EPA CERCLA in connection with the releases resources in the area. study concluding that the DDT from the Montrose plant and related In July 1996, EPA initiated its own contamination on the Palos Verdes Shelf operations to the soil, groundwater, and CERCLA investigation of the Palos resulted from the DDT releases at the the stormwater and sewer pathways. Verdes Shelf. In a memorandum, dated July 9, 1996 and approved on July 10, Montrose plant: Several response actions are currently 1996, EPA decided to initiate a Montrose sewer discharges (which have underway to address these releases. Superfund removal investigation, now been controlled) have created a large Montrose is performing an RI/FS known as an Engineering Evaluation ‘‘reservoir’’ of the pesticide in offshore concerning contaminated soil and and Cost Analysis (EE/CA), to evaluate sediment * * *. groundwater at and in the vicinity of the the need for action and to evaluate According to recent EPA estimates * ** Montrose plant. EPA is conducting a consumption of seafood from the Whites alternatives for addressing the removal action to identify and excavate Point area may present an elevated health contaminated sediment on the Palos DDT-contaminated fill in several nearby risk due to DDT contamination. Verdes Shelf. 1 This memorandum residential properties and has begun an United States EPA Region 9, Toxics extensively documents the threat to investigation of DDT dust that may have and Waste Management Div., human health and the environment Investigative Report, No. C (83) E002 been released from the Montrose plant posed by the DDT and PCB (April 11, 1983) at 7, included in U.S. and deposited in nearby residential and contamination on the Palos Verdes EPA Hazard Ranking Package and commercial/industrial areas. EPA is also Shelf. By this memorandum, EPA staff Support Document for the Montrose conducting an investigation of the was authorized to gather information NPL Site (Reference 13). Also in the historic and current stormwater regarding whether response activities administrative record for the 1989 pathway from the Montrose plant to the should be undertaken to address the listing decision is an October 7, 1970, Consolidated Slip in Los Angeles contamination on the Palos Verdes Shelf Los Angeles Times article attributing Harbor. EPA is pursuing removal of and, if so, to evaluate possible cleanup 75% of the DDT contamination in the DDT-contaminated sediments in the actions. Santa Monica Bay to the Montrose LACSD sewer lines adjacent to and At the same time EPA also decided plant. downstream from the Montrose plant. that the investigation of the Palos The PCB contamination in sediments While EPA has been conducting Verdes Shelf should be managed as part on the Palos Verdes Shelf originated, in response actions at and in the vicinity of the response activities being part, at a plant operated in Los Angeles of the Montrose plant, the federal and conducted by EPA in connection with County by Westinghouse Electric state CERCLA natural resource trustees the Montrose NPL Site. Finding that the Corporation (Westinghouse). From 1956 (the trustees) have conducted an majority of the DDT present on the Palos to the mid-1990’s, Westinghouse investigation of DDT and PCB Verdes Shelf originated at the Montrose manufactured and repaired electrical contamination on the Palos Verdes Shelf plant, EPA concluded that a equipment at this plant. Like DDT from and of the impact of this contamination consolidated management approach the Montrose Chemical plant, PCBs on natural resources in the area. The would facilitate the funding, staffing, from the Westinghouse plant and other results of the trustees’ damage and administration of its investigation. plants in the Los Angeles area entered assessment investigation, including The memorandum memorializing this the LACSD sewer system, flowed to the extensive expert evaluations, were made decision was issued at the same time as LACSD treatment plant, and were available to EPA and the public in the memorandum approving the EE/ discharged to the Pacific Ocean via October 1994. CA. 2 outfalls located on the Palos Verdes These studies indicate that there are Shelf. approximately 100 metric tons of DDT 1 This memorandum is titled ‘‘Engineering In June, 1990, the United States and and 10 metric tons of PCBs in a well- Evaluation and Cost Analysis Approval Memorandum for Addressing Contaminated Marine the State of California filed suit in U.S. defined deposit of sediment covering a Sediments on the Palos Verdes Shelf,’’ from district court in California against 16 square mile area on the shelf and Andrew Lincoff and Michael Montgomery, various parties associated with the adjacent continental slope in the Remedial Project Managers, to Keith Takata, Acting Director, Hazardous Waste Management Division, Montrose and Westinghouse plants vicinity of the LACSD wastewater EPA Region 9. under Section 107 of CERCLA. United outfall. These studies further confirm 2 This memorandum is titled ‘‘Management of States v. Montrose Chemical extremely elevated levels of DDT and EPA Superfund Response Activities as Part of EPA Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Proposed Rules 44433

II. Contents of This Proposed Rule The Headquarters docket for this analysis, for proposed and final rules with ‘‘Federal mandates’’ that may EPA is proposing to amend the rulemaking contains the following information for the Palos Verdes Shelf: result in expenditures to State, local, Montrose Chemical Corporation HRS score sheets; a Documentation and tribal governments, in the aggregate, National Priorities Listing to include the Record describing the information used or to the private sector, of $100 million DDT and PCB contamination on the to compute the score; pertinent or more in any one year. When a written Palos Verdes Shelf, discussed above. information regarding application of the statement is needed for an EPA rule, EPA’s proposal is based on an HRS EPA Aggregation Policy in this matter; section 205 of the UMRA generally score for the Palos Verde Shelf of 50, and a list of documents referenced in requires EPA to identify and consider a well above the HRS score of 28.50 the Documentation Record. The Region reasonable number of regulatory necessary for NPL eligibility. However, 9 docket in this matter contains all of alternatives and adopt the least costly, rather than proposing the Palos Verdes the information in the Headquarters most cost-effective or least burdensome Shelf as a separate site, EPA is instead docket, plus the actual reference alternative that achieves the objectives proposing to amend the existing documents containing the data of the rule. The provisions of section Montrose Chemical Corporation principally relied upon and cited by 205 do not apply when they are National Priorities Listing to include the EPA in calculating the HRS score for the inconsistent with applicable law. DDT and PCB contamination on the Palos Verdes Shelf. Moreover, section 205 allows EPA to Palos Verdes Shelf. In this regard, EPA The Headquarters docket also adopt an alternative other than the least is applying its site aggregation policy. contains an ‘‘Additional Information’’ costly, most cost-effective or least The site aggregation policy is discussed document which provides a general burdensome alternative if the in a memorandum to the file, from discussion of the statutory requirements Administrator publishes with the final Carolyn Douglas, NPL Coordinator, EPA affecting NPL listing, the purpose and rule an explanation why that alternative Region 9, dated August 13, 1997, which implementation of the NPL, and the was not adopted. Before EPA establishes is included in the listing package. economic impacts of NPL listing. any regulatory requirements that may By this proposed rulemaking, EPA EPA will consider all comments significantly or uniquely affect small intends to make clear to the public that received during the comment period. governments, including tribal the Agency believes there are immediate During the comment period, comments governments, it must have developed and serious public health and are placed in the Headquarters docket under section 203 of the UMRA a small environmental risks associated with the and are available to the public on an ‘‘as government agency plan. The plan must Palos Verdes Shelf, as reflected in the received’’ basis. A complete set of provide for notifying potentially HRS evaluation, and that the Agency comments will be available for viewing affected small governments, giving them believes the Palos Verdes Shelf should in the Region 9 docket approximately meaningful and timely input in the be designated as part of the Montrose one week after the formal comment development of EPA regulatory Chemical Corporation National period closes. Comments received after proposals with significant Federal Priorities Listing. the comment period closes will be intergovernmental mandates, and Public Comment available in the Headquarters and informing, educating, and advising Regional dockets on an ‘‘as received’’ small governments on compliance with The documents that form the basis for basis. EPA cannot delay its final the regulatory requirements. EPA’s evaluation and scoring of sites in decision in this matter solely to Today’s rule contains no Federal this rule are contained in dockets accommodate late comments. mandates (within the meaning of Title located both at EPA Headquarters and in Comments that include or rely on II of the UMRA) for State, local, or tribal EPA Region 9. The dockets are available complex or voluminous reports, or governments or the private sector. Nor for viewing, by appointment only, after materials prepared for purposes other does it contain any regulatory the appearance of this proposed rule. than HRS scoring, should point out the requirements that might significantly or The hours of operation for the specific information that EPA should uniquely affect small governments. This Headquarters docket are from 9:00 a.m. consider and how it affects the is because today’s listing decision does to 4:00 p.m., Monday through Friday individual HRS factor values. See not impose any enforceable duties upon excluding Federal holidays. The hours Northside Sanitary Landfill v. Thomas, any of these governmental entities or the of operation of the Region 9 docket are 849 F.2d 1516 (D.C. Cir. 1988). EPA will private sector. Inclusion of a site on the from 8 a.m. to 5 p.m., Monday through make its final decision in this matter NPL does not itself impose any costs. It Friday, excluding Federal holidays. after considering the relevant comments does not establish that EPA necessarily Docket Coordinator, Headquarters, U.S. received during the comment period. will undertake remedial action, nor does it require any action by a private party EPA CERCLA Docket Office, (Mail III. Executive Order 12866 Code 5201G), Crystal Gateway #1, 1st or determine its liability for site Floor, 1235 Jefferson Davis Highway, The Office of Management and Budget response costs. Costs that arise out of Arlington, VA 22202, 703/603–9232. (OMB) has exempted this regulatory site responses result from site-by-site action from Executive Order 12866 decisions about what actions to take, not (Please note this is the viewing address review. directly from the act of listing itself. only. Mail comments to address listed Therefore, today’s rulemaking is not in ADDRESSES section above.) IV. Unfunded Mandates subject to the requirements of sections Carolyn Douglas SFD5, U.S. EPA, Title II of the Unfunded Mandates 202, 203 or 205 of the Unfunded Region 9, 75 Hawthorne Street, San Reform Act of 1995 (UMRA), Pub. L. Mandates Reform Act. Francisco, CA 94105, 415/744–2343. 104–4, establishes requirements for Federal agencies to assess the effects of V. Effect on Small Businesses Response Actions Taken in Connection With the their regulatory actions on State, local, The Regulatory Flexibility Act of 1980 Montrose Chemical NPL Site,’’ from Andrew and tribal governments and the private requires EPA to review the impacts of Lincoff and Michael Montgomery, Remedial Project Managers, to Keith Takata, Acting Director, sector. Under section 202 of the UMRA, this action on small entities, or certify Hazardous Waste Management Division, EPA EPA generally must prepare a written that the action will not have a Region 9. statement, including a cost-benefit significant impact on a substantial 44434 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Proposed Rules number of small entities. By small FEDERAL COMMUNICATIONS For information regarding proper entities, the Act refers to small COMMISSION filing procedures for comments, see 47 businesses, small government CFR 1.415 and 1.420. jurisdictions, and nonprofit 47 CFR Part 73 List of Subjects in 47 CFR Part 73 organizations. [MM Docket No. 97±180, RM±9105] While this rule proposes to revise the Radio broadcasting. NPL, an NPL revision is not a typical Radio Broadcasting Services; Federal Communications Commission. regulatory change since it does not Hawthorne, WI John A. Karousos, automatically impose costs. As stated AGENCY: Federal Communications Chief, Allocations Branch, Policy and Rules above, adding sites to the NPL does not Division, Mass Media Bureau. Commission. in itself require any action by any party, [FR Doc. 97–22112 Filed 8–20–97; 8:45 am] ACTION: Proposed rule. nor does it determine the liability of any BILLING CODE 6712±01±P party for the cost of cleanup at the site. SUMMARY: This document requests Further, no identifiable groups are comments on a petition filed by Bruce affected as a whole. As a consequence, Elving proposing the allotment of FEDERAL COMMUNICATIONS impacts on any group are hard to Channel 293A to Hawthorne, COMMISSION predict. A site’s inclusion on the NPL Wisconsin, as that community’s first 47 CFR Part 73 could increase the likelihood of adverse local broadcast service. There is a site impacts on responsible parties (in the restriction 5.4 kilometers (3.3 miles) [MM Docket No. 97±177; RM±9131] form of cleanup costs), but at this time west of the community at coordinates EPA cannot identify the potentially 46–29–37 and 91–55–34. Canadian Radio Broadcasting Services; Kenova, affected businesses or estimate the concurrence will be requested for the WV number of small businesses that might allotment of Channel 293A at also be affected. AGENCY: Federal Communications Hawthorne. Commission. EPA does not expect the listing of this DATES: Comments must be filed on or ACTION: Proposed rule. site to have a significant economic before October 6, 1997, and reply impact on a substantial number of small comments on or before October 21, SUMMARY: The Commission requests businesses. 1997. comments on a petition filed by Billy R. In any case, economic impacts would ADDRESSES: Federal Communications Evans proposing the allotment of occur only through enforcement and Commission, Washington, DC. 20554. In Channel 250A at Kenova, West Virginia, cost-recovery actions, which EPA takes addition to filing comments with the as the community’s first local aural at its discretion on a site-by-site basis. FCC, interested parties should serve the transmission service. Channel 250A can EPA considers many factors when petitioner, as follows: Bruce Elving, be allotted to Kenova in compliance determining enforcement actions, P.O. Box 336, Esko, MN 55733–0336. with the Commission’s minimum including not only a firm’s contribution distance separation requirements with a FOR FURTHER INFORMATION CONTACT: to the problem, but also its ability to site restriction of 2.5 kilometers (1.6 Kathleen Scheuerle, Mass Media pay. The impacts (from cost recovery) miles) south to avoid a short-spacing to Bureau, (202) 418–2180. on small governments and nonprofit the licensed site of Station WZQQ(FM), organizations would be determined on a SUPPLEMENTARY INFORMATION: This is a Channel 250C3, Hyden, Kentucky. The similar case-by-case basis. summary of the Commission’s Notice of coordinates for Channel 250A at Kenova Proposed Rule Making, MM Docket No. For the foregoing reasons, I hereby are North Latitude 38–22–38 and West 97–180, adopted August 6, 1997, and certify that this proposed rule, if Longitude 82–34–33. released August 15, 1997. The full text promulgated, will not have a significant DATES: Comments must be filed on or of this Commission decision is available economic impact on a substantial before October 6, 1997, and reply for inspection and copying during number of small entities. Therefore, this comments on or before October 21, normal business hours in the proposed regulation does not require a 1997. Commission’s Reference Center (Room regulatory flexibility analysis. 239), 1919 M Street, NW., Washington, ADDRESSES: Federal Communications List of Subjects in 40 CFR Part 300 DC. The complete text of this decision Commission, Washington, DC 20554. In may also be purchased from the addition to filing comments with the Environmental protection, Air Commission’s copy contractors, FCC, interested parties should serve the pollution control, Chemicals, Hazardous International Transcription Services, petitioner, his counsel, or consultant, as materials, Intergovernmental relations, Inc., 1231 20th Street, NW., follows: Billy R. Evans, 111 Picardy Ct., Natural resources, Oil pollution, Washington, DC. 20036, (202) 857–3800, Elizabethtown, Kentucky 42701 Reporting and recordkeeping facsimile (202) 857–3805. (Petitioner). requirements, Superfund, Waste Provisions of the Regulatory FOR FURTHER INFORMATION CONTACT: treatment and disposal, Water pollution Flexibility Act of 1980 do not apply to Sharon P. McDonald, Mass Media control, Water supply. this proceeding. Bureau, (202) 418–2180. Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. Members of the public should note SUPPLEMENTARY INFORMATION: This is a 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, that from the time a Notice of Proposed synopsis of the Commission’s Notice of 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, Rule Making is issued until the matter Proposed Rule Making, MM Docket No. 3 CFR, 1987 Comp., p. 193. is no longer subject to Commission 97–177, adopted August 6, 1997, and Dated: August 14, 1997. consideration or court review, all ex released August 15, 1997. The full text Timothy Fields, Jr., parte contacts are prohibited in of this Commission decision is available Acting Assistant Administrator, Office of Commission proceedings, such as this for inspection and copying during Solid Waste and Emergency Response. one, which involve channel allotments. normal business hours in the FCC [FR Doc. 97–22066 Filed 8–20–97; 8:45 am] See 47 CFR 1.1204(b) for rules Reference Center (Room 239), 1919 M BILLING CODE 6560±50±P governing permissible ex parte contact. Street, NW., Washington, DC. The Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Proposed Rules 44435 complete text of this decision may also petitioner, his counsel, or consultant, as the reallotment of Channel 259A from be purchased from the Commission’s follows: Victor A. Michael, Jr., Old Forge, NY, to Newport Village, NY, copy contractor, International President, West Wind Broadcasting, c/o and the modification of its outstanding Transcription Service, Inc., (202) 857– Magic City Media, 1912 Capitol Avenue, construction permit (BPH–940203MC) 3800, 1231 20th Street, NW., Suite 300, Cheyenne, Wyoming 82001 to specify Newport Village as the Washington, DC 20036. (Petitioner). station’s community of license. The Provisions of the Regulatory FOR FURTHER INFORMATION CONTACT: reallotment could provide Newport Flexibility Act of 1980 do not apply to Sharon P. McDonald, Mass Media Village with its first local aural service. this proceeding. Bureau, (202) 418–2180. Channel 259A can be allotted to Newport Village in compliance with the Members of the public should note SUPPLEMENTARY INFORMATION: This is a Commission’s minimum distance that from the time a Notice of Proposed synopsis of the Commission’s Notice of separation requirements with a site Rule Making is issued until the matter Proposed Rule Making, MM Docket No. restriction of 10 kilometers (6.2 miles) is no longer subject to Commission 97–176, adopted August 6, 1997, and northwest, at coordinates 43–15–43 consideration or court review, all ex released August 15, 1997. The full text North Latitude and 75–05–02 West parte contacts are prohibited in of this Commission decision is available Longitude, to avoid a short-spacing to Commission proceedings, such as this for inspection and copying during Station WTKW, Channel 258A, one, which involve channel allotments. normal business hours in the FCC Bridgeport, NY, and Station WRVE, See 47 CFR 1.1204(b) for rules Reference Center (Room 239), 1919 M Channel 258B, Schenectady, NY. governing permissible ex parte contacts. Street, NW., Washington, DC. The Newport Village is located within 320 For information regarding proper complete text of this decision may also kilometers (200 miles) of the U.S.- filing procedures for comments, see 47 be purchased from the Commission’s Canadian border. Therefore, the CFR 1.415 and 1.420. copy contractor, International Commission must obtain the Transcription Service, Inc., (202) 857– List of Subjects in 47 CFR Part 73 concurrence of the Canadian 3800, 1231 20th Street, NW., Radio broadcasting. government in the proposal. Washington, DC 20036. Federal Communications Commission. Provisions of the Regulatory DATES: Comments must be filed on or John A. Karousos, Flexibility Act of 1980 do not apply to before October 6, 1997, and reply Chief, Allocations Branch, Policy and Rules this proceeding. comments on or before October 21, Division, Mass Media Bureau. Members of the public should note 1997. [FR Doc. 97–22109 Filed 8–20–97; 8:45 am] that from the time a Notice of Proposed ADDRESSES: Federal Communications BILLING CODE 6712±01±P Rule Making is issued until the matter Commission, Washington, DC 20554. In is no longer subject to Commission addition to filing comments with the consideration or court review, all ex FCC, interested parties should serve the FEDERAL COMMUNICATIONS parte contacts are prohibited in petitioner, or its counsel or consultant, COMMISSION Commission proceedings, such as this as follows: James L. Primm, President one, which involve channel allotments. and Counsel, 21st Century Radio 47 CFR Part 73 See 47 CFR 1.1204(b) for rules Ventures, Inc., 530 Wilshire Blvd., Suite [MM Docket No. 97±176; RM±9141] governing permissible ex parte contacts. 301, Santa Monica, CA 90401 For information regarding proper (Petitioner). Radio Broadcasting Services; Roscoe, filing procedures for comments, see 47 FOR FURTHER INFORMATION CONTACT: SD CFR 1.415 and 1.420. Leslie K. Shapiro, Mass Media Bureau, (202) 418–2180. AGENCY: Federal Communications List of Subjects in 47 CFR Part 73 SUPPLEMENTARY INFORMATION: This is a Commission. Radio broadcasting. synopsis of the Commission’s Notice of ACTION: Proposed rule. Federal Communications Commission. Proposed Rule Making, MM Docket No. 97–179, adopted August 6, 1997, and SUMMARY: The Commission requests John A. Karousos, released August 15, 1997. The full text comments on a petition filed by West Chief, Allocations Branch, Policy and Rules of this Commission decision is available Wind Broadcasting proposing the Division, Mass Media Bureau. for inspection and copying during allotment of Channel 287A at Roscoe, [FR Doc. 97–22110 Filed 8–20–97; 8:45 am] normal business hours in the FCC South Dakota, as the community’s first BILLING CODE 6712±01±P Reference Center (Room 239), 1919 M local aural transmission service. Street, NW., Washington, DC. The Channel 287A can be allotted to Roscoe complete text of this decision may also in compliance with the Commission’s FEDERAL COMMUNICATIONS be purchased from the Commission’s minimum distance separation COMMISSION copy contractor, International requirements at city reference Transcription Services, Inc., (202) 857– coordinates. The coordinates for 47 CFR Part 73 3800, 1231 20th Street, NW, Channel 287A at Roscoe are North [MM Docket No. 97±179, RM±9064] Washington, DC 20036. Latitude 45–27–00 and West Longitude Provisions of the Regulatory 99–20–12. Radio Broadcasting Services; Old Forge and Newport Village, NY Flexibility Act of 1980 do not apply to DATES: Comments must be filed on or this proceeding. before October 6, 1997, and reply AGENCY: Federal Communications Members of the public should note comments on or before October 21, Commission. that from the time a Notice of Proposed 1997. ACTION: Proposed rule. Rule Making is issued until the matter ADDRESSES: Federal Communications is no longer subject to Commission Commission, Washington, DC 20554. In SUMMARY: The Commission requests consideration or court review, all ex addition to filing comments with the comments on a petition filed by 21st parte contacts are prohibited in FCC, interested parties should serve the Century Radio Ventures, Inc., seeking Commission proceedings, such as this 44436 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Proposed Rules one, which involve channel allotments. WPLR, Channel 256B, New Haven, CT, Federal Communications Commission. See 47 CFR 1.1204(b) for rules and WFSO, Channel 202A, Olivebridge, John A. Karousos, governing permissible ex parte contacts. NY. Channel 273A can be allotted to Chief, Allocations Branch, Policy and Rules For information regarding proper Sharon at Station WQQQ’s presently Division, Mass Media Bureau. filing procedures for comments, see 47 licensed transmitter site, at coordinates [FR Doc. 97–22113 Filed 8–20–97; 8:45am] CFR 1.415 and 1.420. 41–55–08; 73–34–22. Canadian BILLING CODE 6712±01±P List of Subjects in 47 CFR Part 73 concurrence in the Rosendale and West Hurley allotment is required since the Radio broadcasting. two communities are located within 320 DEPARTMENT OF TRANSPORTATION Federal Communications Commission. kilometers (200 miles) of the U.S.- John A. Karousos, Canadian border. Research and Special Programs Chief, Allocations Branch, Policy and Rules DATES: Comments must be filed on or Administration Division, Mass Media Bureau. before October 6, 1997, and reply 49 CFR Parts 192 and 195 [FR Doc. 97–22111 Filed 8–20–97; 8:45 am] comments on or before October 21, BILLING CODE 6712±01±P 1997. [Docket No. RSPA±97±2762]

ADDRESSES: Federal Communications Pipeline Safety: Pipeline Corrosion FEDERAL COMMUNICATIONS Commission, Washington, DC 20554. In Control COMMISSION addition to filing comments with the FCC, interested parties should serve the AGENCY: Research and Special Programs 47 CFR Part 73 petitioners, or their counsel or Administration, DOT. [MM Docket No. 97±178, RM±8329, RM± consultant, as follows: Raymond A. ACTION: Notice of public meeting. 8739] Natole, P.O. Box 327, Shokan, NY 12481 (Petitioner for West Hurley, NY); Mark SUMMARY: The Research and Special Radio Broadcasting Services; West N. Lipp, Esq., Ginsburg, Feldman and Programs Administration (RSPA) invites Hurley and Rosendale, NY, North Bress, Chartered, 1250 Connecticut representatives of the gas and hazardous Canaan and Sharon, CT Avenue, NW, Suite 800, Washington, liquid pipeline industry, state and local D.C. 20036–2604 (Counsel to Sacred government, and the public to an open AGENCY: Federal Communications Heart University, Inc.) meeting on pipeline corrosion and Commission. corrosion control on Monday, FOR FURTHER INFORMATION CONTACT: ACTION: Proposed rule. September 8, 1997. The public meeting Leslie K. Shapiro, Mass Media Bureau, will be held in conjunction with the SUMMARY: The Commission requests (202) 418–2180. comments on two mutually exclusive National Association of Corrosion SUPPLEMENTARY INFORMATION: This is a petitions for rule making. Raymond A. Engineers (NACE) Fall Committee synopsis of the Commission’s Notice of Natole requests the allotment of Meeting. The purpose of this meeting is Proposed Rule Making, MM Docket No. Channel 255A to West Hurley, NY, as to gather information on experience 97–178, adopted October 6, 1997, and the community’s first local aural with the current Federal pipeline safety released October 21, 1997. The full text transmission service. Sacred Heart regulations on corrosion control, as of this Commission decision is available University, Inc., requests the allotment prescribed in 49 CFR Parts 192 and 195, for inspection and copying during of Channel *277A to North Canaan, CT, and to solicit comments and suggestions normal business hours in the FCC and its reservation for noncommercial to improve these regulations. Among the Reference Center (Room 239), 1919 M educational use, as the community’s issues is whether the current regulations Street, NW., Washington, DC. The first local aural transmission service. To should be revised, supplemented, or complete text of this decision may also accommodate the North Canaan replaced by reference to applicable be purchased from the Commission’s allotment, SHU also requests the industry standards and recommended copy contractor, International substitution of Channel 273A for practices. Transcription Services, Inc., (202) 857– Channel 277A at Sharon, CT, the DATES: The meeting will be held on 3800, 1231 20th Street, NW, modification of Station WQQQ’s license Monday, September 8, 1997, beginning Washington, DC 20036. to specify the alternate channel, and the at 9:00 a.m. Interested persons are substitution of Channel 255A for Provisions of the Regulatory invited to attend the meeting and unoccupied but applied-for Channel Flexibility Act of 1980 do not apply to present oral or written statements on the 273A at Rosendale, NY. Channel 255A this proceeding. Members of the public matters set for the meeting. Any person can be allotted to West Hurley without should note that from the time a Notice who wishes to speak should notify the imposition of a site restriction, at of Proposed Rule Making is issued until Jenny Donohue at (202) 366–4046. coordinates 42–00–06 North Latitude the matter is no longer subject to Please estimate the time that will be and 74–06–00 West Longitude. Channel Commission consideration or court required for your presentation. If *277A can be allotted to North Canaan review, all ex parte contacts are necessary, RSPA reserves the right to with a site restriction of 2.8 kilometers prohibited in Commission proceedings, limit the time of each speaker to ensure (1.7 miles) northwest, at coordinates 42– such as this one, which involve channel that everyone who requests an 03–21; 73–20–56, to avoid a short- allotments. See 47 CFR 1.1204(b) for opportunity to speak is allocated spacing to Stations WDRC–FM, Channel rules governing permissible ex parte sufficient time. Other speakers may 275B, Hartford, CT, WHRL, Channel contacts. have an opportunity to present 276A, Albany, NY, and WODS, Channel For information regarding proper statements as time allows. 277B, Boston, MA. Channel 255A can be filing procedures for comments, see 47 ADDRESSES: This meeting will be held in allotted to Rosendale with a site CFR 1.415 and 1.420. conjunction with the NACE restriction of 10 kilometers (6.2 miles) List of Subjects in 47 CFR Part 73 International Fall Conference at the north, at coordinates 41–55–43; 74–07– Hyatt Regency Oakbrook Hotel, 1909 45, to avoid a short-spacing to Stations Radio broadcasting. Spring Road, Oakbrook, Illinois. Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Proposed Rules 44437

COMMENTS: Written comments on the regarding the subject matter of this public to participate in discussing subject of this notice may be submitted notice. pipeline corrosion issues and suggesting ways to enhance pipeline safety. by November 8, 1997, to the Dockets SUPPLEMENTARY INFORMATION: To further Facility, U.S. Department of the goals of the President’s National OPS seeks input on any concerns the Transportation, Plaza 401, 400 Seventh Performance Review (NPR) and public has with the pipeline safety Street, SW, Washington, DC 20590– Regulatory Reinvention Initiative (RRI), corrosion control regulations, including, 0001. Comments should identify the RSPA has implemented a program but not limited to the following: docket number of this notice (RSPA–97– review of those parts of the gas and (1) Should OPS adopt NACE 2762). Persons should submit the hazardous liquid pipeline regulations recommended practices for pipeline original document and one (1) copy. that address corrosion and corrosion corrosion control to supplement current Persons wishing to receive confirmation control. The purpose of this review is to Federal Regulations? of receipt of their comments must eliminate or revise those regulations (2) Are the pipeline corrosion control regulations in Parts 192 and 195 include a stamped, self-addressed that are outdated or in need of reform. sufficient to ensure safety? If not, what postcard. Alternatively, comments may In addition, the Administration changes to the regulations are needed? be submitted via e-mail to encourages increased use of applicable standards to improve safety and to (3) Should corrosion control ‘‘[email protected]’’. The requirements for the gas and hazardous Dockets Facility is located on the plaza remove unnecessary burdens from the regulated community. See Office of liquid pipelines be the same? level of the Nassif Building in Room (4) Are there other industry standards Number 401, 400 Seventh Street, SW, Management and Budget (OMB) Circular A119. concerning corrosion control that OPS Washington, DC. The Dockets Facility is should consider for adoption? open from 10:00 a.m. to 5:00 p.m., In organizing this public meeting in OPS’s goal is to receive input from all Monday through Friday, except on association with NACE International, a interested parties, so no formal agenda Federal holidays. professional society involved in the will be prepared. development of technical standards on FOR FURTHER INFORMATION CONTACT: corrosion control and prevention, OPS Issued in Washington, D.C., on August 15, Gopala K. Vinjamuri, (202) 366–4503, expects attendance from leading 1997. U.S. Department of Transportation, corrosion experts, pipeline operators, Richard B. Felder, RSPA, 400 Seventh Street, SW, state pipeline safety officials, and other Associate Administrator for Pipeline Safety. Washington, D.C. 20590, or e-mail, interested parties. OPS believes this [FR Doc. 97–22107 Filed 8–20–97; 8:45 am] [email protected], forum is a good opportunity for the BILLING CODE 4910±60±P 44438

Notices Federal Register Vol. 62, No. 162

Thursday, August 21, 1997

This section of the FEDERAL REGISTER displays a currently valid OMB control Number of Respondents: 2,088. contains documents other than rules or number. Frequency of Responses: Reporting: proposed rules that are applicable to the Annually. Food and Consumer Service public. Notices of hearings and investigations, Total Burden Hours: 2,088. committee meetings, agency decisions and Title: Food Stamp Forms, Periodic rulings, delegations of authority, filing of Reporting, Notice of Late/Incomplete Rural Business-Cooperative Service petitions and applications and agency statements of organization and functions are Report, etc. Title: 7 CFR 4284–F, Rural examples of documents appearing in this OMB Control Number: 0584–0064. Cooperative Development Grant. section. Summary of Collection: Information OMB Control Number: 0570–0006. collected includes an application for Summary of Collection: Information food stamps and reports and action collected includes an application for DEPARTMENT OF AGRICULTURE taken by State agencies. Federal assistance, applicant’s Need and Use of the Information: The experience with similar projects, Submission for OMB Review; information is used to administer the description of work, and plan narrative. Comment Request Food Stamp Act of 1977. Need and Use of the Information: The Description of Respondents: State, August 15, 1997. information will be used to evaluate the Local, or Tribal Government; applicant’s ability to carry out the The Department of Agriculture has Individuals or households. purpose of the program. submitted the following information Number of Respondents: 18,305,000. Description of Respondents: collection requirement(s) to OMB for Frequency of Responses: Individuals or households; Not-for- review and clearance under the Recordkeeping; Reporting: On occasion; profit institutions; State, Local, or Tribal Paperwork Reduction Act of 1995, Monthly. Government. Total Burden Hours: 20,027,943. Public Law 104–13. Comments Number of Respondents: 25. regarding: (a) Whether the collection of Food and Consumer Service Frequency of Responses: Reporting: information is necessary for the proper Title: Tracking Nutrition Security On occasion. performance of the functions of the Total Burden Hours: 1,012. agency, including whether the Changes: State Choices and the National information will have practical utility; Food Stamp Program. Food and Consumer Service OMB Control Number: 0584–New. (b) the accuracy of the agency’s estimate Title: Food Stamp Program of burden including the validity of the Summary of Collection: Information will be collected on State food stamp Identification Card, 7 CFR 274.10(a). methodology and assumptions used; (c) OMB Control Number: 0584–0124. ways to enhance the quality, utility and policy choices. Need and Use of the Information: The Summary of Collection: Food Stamp clarity of the information to be Program (FSP) regulations require that collected; (d) ways to minimize the information will be used to more fully understand the extent and nature of State agencies issue an FSP burden of the collection of information identification card to each household on those who are to respond, including State food stamp choices. The information will also enable FCS and certified eligible to participate. through the use of appropriate Need and Use of the Information: The automated, electronic, mechanical, or public policymakers to make informed policy decisions with regard to State identification card is used to protect the other technological collection programs integrity and to decrease the techniques or other forms of information flexibility in the Food Stamp Program. Description of Respondents: State, number of unauthorized issuance of technology should be addressed to: Desk benefits. Officer for Agriculture, Office of Local, or Tribal Government; Not-for- profit institutions. Description of Respondents: State, Information and Regulatory Affairs, Local, or Tribal Government; Office of Management and Budget Number of Respondents: 365. Frequency of Responses: Reporting: Individuals or households. (OMB), Washington, D.C. 20503 and to One time. Number of Respondents: 958,328 Department Clearance Office, USDA, Total Burden Hours: 500. Frequency of Responses: Reporting, OCIO, Mail Stop 7602, Washington, D.C. Recordkeeping: On occasion. 20250–7602. Comments regarding these Food and Consumer Service Total Burden Hours: 61,480. information collections are best assured Title: WIC Annual Participation Food and Consumer Service of having their full effect if received Report. within 30 days of this notification. OMB Control Number: 0584–0347. Title: NSWP—National Survey of WIC Copies of the submission(s) may be Summary of Collection: WIC State Participants and Their Local Agencies. obtained by calling (202) 720–6746. agencies report their average OMB Control Number: 0584–New. An agency may not conduct or participation by priority group and the Summary of Collection: Information sponsor a collection of information average number of migrant participants will be collected on income, household unless the collection of information for the most recent 12 months. composition and program participation. displays a currently valid OMB control Need and Use of the Information: FCS Need and Use of the Information: The number and the agency informs uses this data to monitor targeting information collected will serve as a potential persons who are to respond to success and to allocate funds to States. research base with a special focus of the collection of information that such Description of Respondents: State, analyzing sources of income persons are not required to respond to Local, or Tribal Government; Not-for- information to more fully describe the collection of information unless it profit institutions. household circumstances. Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44439

Description of Respondents: State, FOR FURTHER INFORMATION CONTACT: machine at 202–690–2755, attention: Local, or Tribal Government; Suzanne M. del Villar, Cooperative Janet M. Hart. If an application is Individuals or households. Forestry Staff, (970) 928–9264. submitted by telecopier, GIPSA reserves Number of Respondents: 3,100. SUPPLEMENTARY INFORMATION: The the right to request an original Frequency of Responses: Reporting: Challenge Cost-Share grant categories, application. All applications and one-time. identified by the Council, are advertised comments will be made available for Total Burden Hours: 2,736 annually to solicit proposals for projects public inspection at this address located Food and Consumer Service to advance the knowledge of, and at 1400 Independence Avenue, S.W., promote interest in, urban and during regular business hours. Title: WIC Financial Management and community forestry. Pursuant to 5 FOR FURTHER INFORMATION CONTACT: Participation Report. U.S.C. 552b(c)(9)(B), the meeting will be Janet M. Hart, telephone 202–720–8525. OMB Control Number: 0584–0045. closed from approximately 8:30 to 10:00 Summary of Collection: Information SUPPLEMENTARY INFORMATION: a.m. on September 6 in order for the collected includes monthly financial This action has been reviewed and Council to vote on the categories for the and participation data. determined not to be a rule or regulation 1998 Challenge Cost-Share grant Need and Use of the Information: The as defined in Executive Order 12866 program. Otherwise, the meeting is open information is used for program and Departmental Regulation 1512–1; to the public. monitoring, funds allocation and therefore, the Executive Order and Persons who wish to bring urban and management, budget projections, Departmental Regulation do not apply community forestry matters to the monitoring caseload and policy to this action. attention of the Council may file written development. East Indiana has asked GIPSA to statements with the Council staff before Description of Respondents: State, remove the Northeast Indiana region or after the meeting. Public input Local, or Tribal Government; from its assigned geographic area. The sessions will be provided and Individuals or households. Northeast Indiana region consists of the individuals who made written requests Number of Respondents: 2,088. following geographic area, in the State Frequency of Responses: Reporting: by August 22 will have the opportunity of Indiana: Monthly. to address the Council. Council Bounded on the North by the northern Total Burden Hours: 19,242. discussion is limited to Forest Service Lagrange and Steuben County lines; staff and Council members. Donald Hulcher, Bounded on the East by the eastern Steuben, De Kalb, Allen, and Adams, Department Clearance Officer. Dated: August 15, 1997. County lines; [FR Doc. 97–22200 Filed 8–20–97; 8:45 am] Dan Glickman, Secretary of Agriculture. Bounded on the South by the BILLING CODE 3410±01±M southern Adams and Wells County [FR Doc. 97–22279 Filed 8–20–97; 8:45 am] lines; and BILLING CODE 3410±11±M Bounded on the West by the western DEPARTMENT OF AGRICULTURE Wells County line; the southern Forest Service DEPARTMENT OF AGRICULTURE Huntington and Wabash County lines; the western Wabash County line north National Urban and Community Grain Inspection, Packers and to State Route 114; State Route 114 Forestry Advisory Council Stockyards Administration northwest to State Route 19; State Route 19 north to Kosciusko County; the AGENCY: Forest Service, USDA. Opportunity for Designation to Provide western and northern Kosciusko County ACTION: Notice of meeting. Official Services in the Northeast lines; the western Noble and Lagrange Indiana (IN) Region County lines. SUMMARY: The National Urban and The following grain elevator, located Community Forestry Advisory Council AGENCY: Grain Inspection, Packers and outside of the above contiguous will meet in Milwaukee, Wisconsin, Stockyards Administration (GIPSA). geographic area, is part of this September 4–6, 1997. The purpose of ACTION: Notice. geographic area assignment: E. M. P. the meeting is to review the status of the Grain, Payne, Paulding County, Ohio SUMMARY: Council’s annual report, continue East Indiana Grain Inspection, (located inside Lima Grain Inspection discussion on emerging issues in Urban Inc. (East Indiana), has asked GIPSA to Service, Inc.’s, area). and Community Forestry, and vote on amend its designation to remove the Section 7(f)(1) of the United States the grant categories for the 1998 Northeast Indiana region from their Grain Standards Act, as amended Challenge Cost-Share grant program. assigned geographic area. GIPSA is (USGSA), authorizes GIPSA’s DATES: The meeting will be held asking persons interested in providing Administrator, after determining that September 4–6, 1997. official services in the Northeast Indiana there is sufficient need for official region to submit an application for ADDRESSES: The meeting will be held at services, to designate a qualified the Ramada Inn Downtown Milwaukee, designation. applicant to provide official services in 633 West Michigan Street, Milwaukee, DATE: Applications must be postmarked a specified area after determining that Wisconsin. A tour of local projects will or sent by telecopier (FAX) on or before the applicant is qualified and is better be September 4, 9:00 a.m.–3:00 p.m. September 16, 1997. able than any other applicant to provide Individuals who wish to speak at the ADDRESSES: Applications must be such official services. GIPSA is asking meeting or to proposed agenda items submitted to USDA, GIPSA, FGIS, Janet persons interested in providing official must send their names and proposals to M. Hart, Chief, Review Branch, services in the Northeast Indiana region Suzanne M. del Villar, Executive Compliance Division, STOP 3604, 1400 to submit an application for designation. Assistant, National Urban and Independence Avenue, S.W., The applicant selected for designation Community Forestry Advisory Council, Washington, DC 20090–3604. in the Northeast Indiana region will be 1042 Park West Court, Glenwood Telecopier (FAX) users may send assigned by GIPSA’s Administrator Springs, CO 81601. applications to the automatic telecopier according to Section 7(f)(1) of the Act. 44440 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

Interested persons are hereby given an ideas and recommendations based on on Small Farms, U.S. Department of opportunity to apply for designation to the following questions. Concerns or Agriculture, P.O. Box 2890, Room 5237, provide official services in the Northeast problems of individual farms that relate South Building, Washington, D.C. Indiana region under the provisions of to specific USDA programs should be 20013. Section 7(f) of the Act and section addressed only in the context of a FOR FURTHER INFORMATION CONTACT: 800.196(d) of the regulations issued recommendation for the Commission to Jennifer Yezak Molen, Director, National thereunder. Applications and other consider. Commission on Small Farms, at the available information will be considered The questions are: address above or at (202) 690–0648 or in determining which applicant will be 1. How are current USDA programs (202) 690–0673. The fax number is (202) designated. helping or hurting the viability of small 720–0596. Designation in the Northeast Indiana farms? SUPPLEMENTARY INFORMATION: The region is for the period beginning about 2. What are the needs of small farms purpose of the Commission is to gather January 1, 1998, and not to exceed 3 in terms of financing, research, and evaluate background information, years as prescribed in section 7(g)(1) of extension, marketing and risk studies, and data pertinent to small the Act. Persons wishing to apply for management and other areas? What farms and ranches, including limited- designation should contact the recommendations would you make resource farmers. On the basis of the Compliance Division at the address about these needs that could be part of review, the Commission shall analyze listed above for forms and information. a long-range strategy to ensure the all relevant issues and make findings, AUTHORITY: Pub. L. 94–582, 90 Stat. 2867, continued viability of small farms? develop strategies, and make as amended (7 U.S.C. 71 et seq.) 3. Are there innovative non- recommendations for consideration by Dated: August 14, 1997. governmental or state efforts to assist the Secretary of Agriculture toward a Neil E. Porter, beginning and smaller independent national strategy on small farms. The farms that might be replicated or Director, Compliance Division. national strategy shall include, but not supplemented at the Federal level? be limited to: changes in existing [FR Doc. 97–22012 Filed 8–20–97; 8:45 am] 4. What changes in USDA policy or BILLING CODE 3410±EN±F policies, programs, regulations, training, practices are needed to make USDA and program delivery and outreach programs in the areas of credit, research, systems; approaches that assist DEPARTMENT OF AGRICULTURE extension, marketing, risk management beginning farmers and involve the and other areas more effective in private sectors and government, Natural Resources Conservation enabling small farms to survive and including assurances that the needs of Service thrive? minorities, women, and persons with 5. What new programs could provide disabilities are addressed; areas where National Commission on Small Farms; effective and affordable support for new partnerships and collaborations are Meeting small farmers as commodity programs needed; and other approaches that it are phased out? AGENCY: Natural Resources would deem advisable or which the 6. What can be done to assist Conservation Service, USDA. Secretary of Agriculture or the Chief of beginning farmers and farm workers to ACTION: Notice of public meeting. the Natural Resources Conservation become farm owners? Service may request the Commission to SUMMARY: The Secretary of Agriculture 7. What role should the Federal consider. by Departmental Regulation No. 1043– government play to ensure a diversified, The Secretary of Agriculture has 43 dated July 9, 1997, established the decentralized and competitive farm determined that the work of the National Commission on Small Farms structure? Commission is in the public interest and (Commission) and further identified 8. What do small farms contribute to within the duties and responsibilities of NRCS to provide support to the your community and your state? USDA. Establishment of the Commission. The purpose of the 9. What other generic issues Commission also implements a Commission is to gather and analyze pertaining to small farms should the recommendation of the USDA Civil information regarding small farms and Commission consider? Rights Action Report to appoint a ranches and recommend to the Interested parties wishing to testify diverse commission to develop a Secretary of Agriculture a national must contact the office of the National national policy on small farms. Commission on Small Farms by August policy and strategy to ensure their Dated: August 8, 1997. continued viability. The chair of the 26, 1997 in order to be placed on a list of witnesses. Oral presentations will be Pearlie S. Reed, Commission has decided that the Acting Assistant Secretary for Commission may hold subcommittee limited to 5 minutes. Those wishing to testify, but unable to notify the Administration. meetings in order to gather public input [FR Doc. 97–22092 Filed 8–20–97; 8:45 am] from different regions of the country. Commission office by August 26, will be Place, Date and Time of Meeting: The able to sign up as a presenter September BILLING CODE 3410±16±P Commission’s first subcommittee 2. Sign up will begin at 9:30 a.m. and meeting will be at the Marriot, 189 Wolf end at 12:00 Noon. These presenters Road, Albany, New York. The will testify on a first come, first served ARMS CONTROL AND DISARMAMENT subcommittee will meet from 10:00 a.m. basis and comments will be limited AGENCY based on the time available and the to 4:00 p.m. on September 2, to hear Announcement of the William C. Foster public testimony. The meeting is open number of presenters. Written statements will be accepted at the Fellows Visiting Scholars Program for to the public. We are seeking testimony the 1998±99 Academic Year from various sources to arrive at meeting or may be mailed or faxed to conclusions and recommendations that the Commission office by September 12, The U.S. Arms Control and will ensure the continued viability of 1997. Disarmament Agency (ACDA) will small farms. The Commission requests ADDRESSES: Comments and statements conduct a competition to select visiting that testimony and comments include should be sent to National Commission scholars to serve at the Agency during Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44441 the 1998–99 academic year. University appointment, all candidates will be DEPARTMENT OF COMMERCE faculty from a variety of fields are subject to a full-field background sought, including those in the physical investigation for a Top Secret security Submission for OMB Review; sciences, engineering, international clearance, as required by Section 45 of Comment Request relations, economics, chemistry, the Arms Control and Disarmament Act, The Department of Commerce (DOC) biology, mathematics and computer as amended. Visiting scholars will be has submitted to the Office of science. subject to applicable Federal conflict of Management and Budget (OMB) for Section 28 of the Arms Control and interest laws and standards of conduct. Disarmament Act (22 U.S.C. 2568), as clearance the following proposal for To apply, candidates must submit a amended, provides that ‘‘a program for collection of information under letter outlining their interests and visiting scholars in the field of arms provisions of the Paperwork Reduction qualifications, a curriculum vitae, control, nonproliferation, and Act (44 U.S.C. Chapter 35). copies of two publications, and optional disarmament shall be established by the Agency: Bureau of Export supporting material such as letters of Director in order to obtain the services Administration (BXA). reference. Applicants will be evaluated of scholars from the faculties of Title: Exception to Reporting based on their potential to provide recognized institutions of higher Requirement under the Import expertise or to perform services critical learning.’’ The law states that ‘‘the Certificate/Delivery Verification purpose of the program will be to give to ACDA’s mission. The application Procedures. specialists in the physical sciences and deadline for assignments for the 1998– Agency Form Number: None. other disciplines relevant to the 99 academic year is January 31, 1998, OMB Approval Number: 0694–0001. Agency’s activities an opportunity for subject to extension at the Agency’s Type of Request: Extension of a active participation in the arms control, discretion. ACDA expects to announce currently approved collection. nonproliferation, and disarmament tentative selections in June or July 1998. Burden: 11 hours. activities of the Agency and to gain for For an information brochure, please write Avg. Hours Per Response: the Agency the perspective and to: Foster Fellows Program, U.S. Arms Approximately 30 minutes. expertise such persons can offer * * *.’’ Control and Disarmament Agency, 320 21st Number of Respondents: 21. Scholars are known as William C. Foster Street, NW, Washington, DC 20451; or call Needs and Uses: The U.S. and Fellows, in honor of the first Director of (202) 647–8090. participating countries have agreed to ACDA, who served from 1961 to 1969. Dated: August 12, 1997. establish an Import Certificate and Assignments are available in the James Sweeney, Delivery Verification requirements to Bureaus of Strategic and Eurasian Chief Science Advisor. help control the disposition of Affairs (SEA); Multilateral Affairs (MA); [FR Doc. 97–22197 Filed 8–20–97; 8:45 am] strategically important commodities. Intelligence, Verification and When exporters are unable to comply Information Management (IVI); and BILLING CODE 6820±32±M with the requirement or feel that Nonproliferation and Regional Arms obtaining the required documentation is Control (NP). Visiting scholars impractical, exporters must provide participate in a wide range of Agency certain information to BXA. The COMMISSION ON CIVIL RIGHTS activities, such as performing arms information is used to determine if an control research and analyses, Notice of Cancellation of Public exception to either requirement would evaluating data relating to compliance Meeting of the Kentucky Advisory be appropriate. with treaties in force, supporting Committee Affected Public: Businesses or other interagency development of arms for-profit organizations. control policy, and taking part in Notice is hereby given, pursuant to Frequency: On occasion. international arms control and the provisions of the rules and Respondent’s Obligation: Required to disarmament negotiations. regulations of the U.S. Commission on obtain or retain a benefit. Visiting scholars will be detailed to Civil Rights, that a meeting of the OMB Desk Officer: Victoria Baecher- ACDA by their universities for one full Kentucky Advisory Committee to the Wassmer, (202) 395–7340. year. The institutions will be Commission which was to have Copies of the above information compensated for the scholar’s salaries convened at 1:00 p.m. and adjourned at collection proposal can be obtained by and benefits in accordance with the 5:00 p.m. on September 4, 1997, at the calling or writing Linda Engelmeier, Intergovernmental Personnel Act of Louisville Free Public Library, Western DOC Forms Clearance Officer, (202) 1970 and within Agency budgetary Branch, 604 S. 10th Street, Louisville, 482–3272, Department of Commerce, limitations. Each Fellow will receive Kentucky, has been canceled. The Room 5327, 14th and Constitution reimbursement for travel to and from original notice for the meeting was Avenue, N.W., Washington, D.C. 20230. the Washington, DC area for his/her one announced in the Federal Register on Written comments and year assignment and either a per diem August 7, 1997, FR Doc. 97–20835, 62 recommendations for the proposed allowance during the one year detail or FR 42483. information collection should be sent relocation costs. within 30 days of publication of this Qualified candidates must be citizens Persons desiring additional notice to Victoria Baecher-Wassmer, of the United States, on the faculty of a information should contact Bobby D. OMB Desk Officer, Room 10202, New recognized U.S. institution of higher Doctor, Director of the Southern Executive Office Building, Washington, learning, and tenured or on a tenure Regional Office, 404–562–7000 (TDD D.C. 20503. track. 404–562–7004). Dated: August 13, 1997 ACDA is an equal opportunity Dated at Washington, DC, August 12, 1997. employer. Selections will be made Linda Engelmeier, without regard to race, color, religion, Carol-Lee Hurley, Departmental Forms Clearance Officer, Office sex, national origin, age, or physical Chief, Regional Programs Coordination Unit. of Management and Organization. handicap that does not interfere with [FR Doc. 97–22193 Filed 8–20–97; 8:45 am] [FR Doc. 97–22143 Filed 8–20–97; 8:45 am] performance of duties. Prior to BILLING CODE 6335±01±P±M BILLING CODE: 3510±DEBT±P 44442 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

COMMODITY FUTURES TRADING 3. The categories of individuals on Where multiple locations are involved COMMISSION whom records are maintained in the in a system notice, rather than listing system; each address the notice merely Privacy Act of 1974; Systems of 4. The categories of records identifies the offices and refers to this Records; Annual Publication maintained in the system; introductory section for each address. 5. The authority for maintaining the The Commission’s headquarters office is ACTION: Publication of annual notice of system; in Washington, DC, and is referred to in existence and character of each system 6. The routine uses of records the systems notice as the ‘‘principal of records that the Commodity Futures maintained in the system, including the office.’’ The Commission maintains Trading Commission (‘‘Commission’’) categories of users and the purposes of regional offices in Chicago and New maintains which contains information such uses; York and smaller offices in Kansas City, about individuals. 7. The policies and practices for Minneapolis and Los Angeles. For SUMMARY: The purpose of this notice is storing, retrieving, accessing, retaining, purposes of this notice, the regional to announce the existence and character and disposing of records in the system; offices and smaller offices are referred to of the systems of records of the 8. The title and business address of collectively as the ‘‘regional offices.’’ Commodity Futures Trading the system manager, the agency official ‘‘All CFTC offices’’ means the Commission as required by the Privacy who is responsible for the system of headquarters office, the regional offices Act of 1974, Pub.L. 93–579, 5 U.S.C. records; and the smaller offices. 552a. 9. The agency procedures by which an In many cases, records within a Pursuant to 5 U.S.C. 552a(f), the individual can find out whether the system will not all be available at each Commission, on September 4, 1975, system of records contains a record of the offices listed in the system notice. promulgated rules relating to records pertaining to him, how he may gain For example, case files are basically maintained by the Commission access to any record pertaining to him maintained in the office where the concerning individuals (40 FR 41056). contained in the system of records, and investigation is conducted, but certain The rules as amended (17 CFR part 146) how he can contest the content of the information may be maintained in other deal with an individual’s right to know records; and offices as well. Similarly, many but not what information the Commission has 10. The categories of sources of necessarily all employee records are in its files concerning the individual, records in the system. maintained in the particular office the individual’s right to have access to The following four systems of records where the employee works. In addition, those records, the individual’s right to have been exempted as set forth in the the Commission’s computers are petition the Commission to have descriptions of these systems of records physically located in Chicago and also inaccurate or incomplete records from certain requirements of the Privacy in the Washington, DC headquarters amended or corrected, and the Act, as authorized under 5 U.S.C. office, although information in individual’s right not to have personal 552a(k): computer printout form may be information disseminated to CFTC–9 Confidential information available in any office. Of course, it will be the Commission’s unauthorized persons. The full text of obtained during employee background responsibility, unless otherwise the Commission’s rules implementing investigations. specified in the system notice, to the Privacy Act should be consulted for CFTC–10 Investigatory material determine where the particular records a detailed description of the procedures compiled for law enforcement purposes. CFTC 31 Information pertaining to being sought are located. However, if to be followed. the individual seeking the records in Under 5 U.S.C. 552a(e)(4) and 17 CFR individuals discussed at closed fact knows the location, it would be 146.11(a), the Commission is required to Commission meetings. helpful to the Commission if the publish annually a notice of the CFTC 32 Investigatory materials requester would indicate that location. existence and character of each system compiled by the Office of the Inspector of records it maintains which contains General. Scope and Content of Systems of information about individuals. This The Location of Systems of Records Records notice implements this requirement The eighth item described above calls The Privacy Act applies to personal and, when read together with the for the address of the Commission office information about individuals. Personal Commission’s rules, will provide involved. The Commission offices are in information subject to the provisions of individuals with the information they the following locations: the Privacy Act may sometimes be need to exercise fully their rights under • Three Lafayette Centre, 1155 21st found in a system of records that might the Privacy Act. Street, NW., Washington, DC 20581, appear to relate solely to commercial FOR FURTHER INFORMATION CONTACT: Telephone: (202) 418–5000. matters. For example, the system of Edward W. Colbert, Assistant Secretary • 300 Riverside Plaza, Suite 1600 records entitled ‘‘registration of futures to the Commission, Freedom of North, Chicago, Illinois 60606, commission merchants’’ contains Information Act, Privacy Act and Telephone: (312) 353–5990. essentially business information. Government in the Sunshine Act • 4900 Main Street, Suite 721, Kansas However, the application for registration Compliance Office, Commodity Futures City, Missouri 64112, Telephone: (816) contains a few items of personal Trading Commission, Three Lafayette 931–7600. information concerning key personnel Centre, 1155 21st Street, NW, • One World Trade Center, Suite of the registrant firm. Since the Washington, DC 20581, (202) 418–5105. 3747, New York, New York 10048, capability exists through the National SUPPLEMENTARY INFORMATION: Telephone: (212) 466-2061. Futures Association’s computer system • Murdock Plaza, 10900 Wilshire to retrieve information from this system Content of Systems Notices Blvd, Suite 400, Los Angeles, California of records not only by use of the name Each of the notices contains the 90024, Telephone: (310) 235–6783. of the futures commission merchant but following information: • 510 Grain Exchange Building, also by the use of the name of these 1. The name of the system; Minneapolis, Minnesota 55415, individuals, this information is within 2. The location of the system; Telephone: (612) 370–3255. the purview of the Privacy Act. See the Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44443 definition of system of records in the Commission participates as amicus extent that the information is believed Privacy Act, 5 U.S.C. 552(a)(5), and curiae. to be relevant to the prospective § 146.2(g) of the Commission’s Privacy 2. The information may be given to employer’s decision in the matter. Act rules, 17 CFR 148.2(g). the Justice Department, the Securities 8. The information may be disclosed Such a capability would generally not and Exchange Commission, the United to any person, pursuant to section 12(a) exist, however, in a Commission staff States Postal Service, the Internal of the Commodity Exchange Act, 7 investigation of the activities of the Revenue Service, the Department of U.S.C. 16(a), when disclosure will futures commission merchant (FCM), Agriculture, the Office of Personnel further the policies of that Act or of except in the rare instance when an Management, and to other federal, state other provisions of law. Section 12(a) individual is registered as an FCM. or local law enforcement or regulatory authorizes the Commission to cooperate Thus, if the investigation was opened agencies for use in meeting with various other government under the name of the FCM, information responsibilities assigned to them under authorities or with ‘‘any person.’’ To would be retrievable only under that the law, or made available to any avoid unnecessary repetition of these name. Accordingly, information about member of Congress who is acting in his routine uses, where they are generally principals of a firm under investigation capacity as a member of Congress. applicable, the system notice refers the that might be developed during the 3. The information may be given to reader to the above description. Unless investigation would generally not be any board of trade designated as a otherwise indicated, where the system retrievable by the name of the contract market by the Commission if notice contains a reference to the individual, and the provisions of the the Commission has reason to believe foregoing routine uses, all of the eight Privacy Act would not apply. this will assist the contract market in routine uses listed above apply to that carrying out its responsibilities under system. General Statement of Routine Uses the Commodity Exchange Act, 7 U.S.C. System Notices A principal purpose of the Privacy 1, et seq., and to any national securities Act is to restrict the unauthorized exchange or national securities The Commission’s systems of records dissemination of personal information association registered with the are set forth below. For further concerning an individual. In this Securities and Exchange Commission, to information contact: Freedom of connection, the Privacy Act and the assist those organizations in carrying Information Act (FOIA), Privacy Act and Commission’s rules prohibit all out their self-regulatory responsibilities Government in the Sunshine Act dissemination except for specific under the Securities Exchange Act of Compliance Staff, Office of the purposes. Individuals should refer to 1934, 15 U.S.C. 78a, et seq. Secretariat, Commodity Futures Trading 4. At the discretion of the the full text of the Privacy Act, 5 U.S.C. Commission, Three Lafayette Centre, Commission staff, the information may 552a(b), and to the Commission’s rules 1155 21st Street, NW, Fourth Floor, be given or shown to anyone during the for a complete list of authorized Washington, DC 20581, (202) 418–5105. course of a Commission investigation if disclosures. Only those arising most the staff has reason to believe that the Index frequently have been mentioned herein. person to whom it is disclosed may CFTC–1 Matter Register and Matter Indices The Privacy Act and the rules have further information about the CFTC–2 Correspondence Files specifically provide that disclosure may matters discussed therein, and those CFTC–3 Docket Files CFTC–4 Employee Leave, Time, and be made with the written consent of the matters appear relevant to the subject of individual to whom the record pertains. Attendance the investigation. CFTC–5 Employee Personnel/Payroll Disclosure may also be made to those 5. The information may be included officers and employees of the Records in a public report issued by the CFTC–6 Employee Travel Records Commission who need the record in the Commission following an investigation, CFTC–7 Deleted-Incorporated in CFTC–4 performance of their duties. In addition, to the extent that this is authorized and CFTC–6 disclosures are authorized if they are under Section 8 of the Commodity CFTC–8 Employment Applications made pursuant to the terms of the Exchange Act, 7 U.S.C. 12. Section 8 CFTC–9 Exempted Employee Background Freedom of Information Act, 5 U.S.C. authorizes publication of such reports Investigation Material CFTC–10 Exempted Investigation Records 552. but contains restrictions on the In addition, the Privacy Act and the CFTC–11 Deleted-Incorporated in CFTC–20 publication of certain types of sensitive and CFTC–22 Commission’s rules permit disclosure of business information developed during CFTC–12 Fitness Investigations individual records if it is for a ‘‘routine an investigation. In certain contexts, CFTC–13 Interpretation Files use,’’ which is defined as a use of a some of this information might be CFTC–14 Matter Files record that is compatible with the considered personal in nature. CFTC–15 Large Trader Report Files purpose for which it was collected. The 6. The information may be disclosed CFTC–16 Case Files system notice for each system of records to a federal agency in response to its CFTC–17 Litigation Files-OGC CFTC–18 Logbook on Speculative Limit is required to list each of these routine request in connection with the hiring or uses. Violations retention of an employee, the issuance CFTC–19 Deleted-Incorporated in CFTC–29 Many of the routine uses of of a security clearance, the reporting of CFTC–20 Registration of Floor Brokers, Commission records are applicable to a an investigation of an employee, the Floor Traders, Futures Commission number of systems. These include the letting of a contract or the issuance of Merchants, Introducing Brokers, following: a license, or a grant or other benefit by Commodity Trading Advisors, 1. The information in the system may the requesting agency, to the extent that Commodity Pool Operators, Leverage be used by the Commission in any the information may be relevant to the Transaction Merchants, and Associated administrative proceeding before the requesting agency’s decision on the Persons Commission, in any injunctive action CFTC–21 Deleted-Incorporated in CFTC–20 matter. CFTC–22 Deleted-Incorporated in CFTC–20 authorized under the Commodity 7. The information may be disclosed CFTC–23 Deleted-Incorporated in CFTC–20 Exchange Act or in any other action or to a prospective employer in response to CFTC–24 Deleted-Incorporated in CFTC–20 proceeding in which the Commission or its request in connection with the hiring CFTC–25 Deleted its staff participates as a party or the or retention of an employee, to the CFTC–26 Deleted-Incorporated in CFTC–14 44444 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

CFTC–27 Deleted RETRIEVABILITY: certain offices, by individual name of CFTC–28 SRO Disciplinary Action File By name of investigation. the correspondent. CFTC–29 Reparations Complaints CFTC–30 Open Commission Meetings SAFEGUARDS: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: CFTC–31 Exempted Closed Commission General building security. In 44 U.S.C. 3101. Meetings appropriate cases, the records are CFTC–32 Office of the Inspector General ROUTINE USES OF RECORDS MAINTAINED IN THE maintained in lockable file cabinets. Investigative Files SYSTEM, INCLUDING CATEGORIES OF USERS AND CFTC–33 Electronic Key Card Usage RETENTION AND DISPOSAL: THE PURPOSES OF SUCH USES: CFTC–34 Telephone System The records are destroyed when no See ‘‘General Statement of Routine CFTC–35 Interoffice and Internet E-Mail Uses.’’ System longer needed. CFTC–36 Internet Web Site and News SYSTEM MANAGER(S) AND ADDRESS: POLICIES AND PRACTICES FOR STORING, Group Browsing System RETRIEVING, ACCESSING, RETAINING, AND Director, Division of Enforcement in CFTC–37 Lexis/Westlaw Billing DISPOSING OF RECORDS IN THE SYSTEM: Information System the Commission’s principal office and CFTC–38 Automated Library Circulation Regional Counsel in New York, Chicago STORAGE: System and Los Angeles. See ‘‘The Location of Paper records in file folders, in loose- Systems of Records.’’ leaf binders, on index cards, computer CFTC±1 memory and printouts, and related NOTIFICATION PROCEDURE: SYSTEM NAME: indices on magnetic disk. Individuals seeking to determine Matter Register and Matter Indices. whether this system of records contains RETRIEVABILITY: SYSTEM LOCATION: information about themselves or seeking By name of correspondent, subject This system is located in the Division access to records about themselves in matter, date or assigned number. The of Enforcement in the Commission’s this system of records, or contesting the name may be either the name of the principal office and regional offices. See content of records about themselves person who sent or received the letter, ‘‘The Location of Systems of Records.’’ contained in this system of records or the person on whose behalf the letter should address written inquiry to the was sent or received. It may also be CATEGORIES OF INDIVIDUALS COVERED BY THE FOI, Privacy and Sunshine Acts another person who was the principal SYSTEM: Compliance Staff, Commodity Futures subject of the letter, where a. Persons found or alleged to have, or Trading Commission, 1155 21st Street, circumstances appear to justify this suspected of having, violated the NW., Washington, DC 20581. Telephone treatment. See previous discussion Commodity Exchange Act or the rules, (202) 418–5105. concerning the category of records regulations or orders of the Commission maintained in this system. adopted thereunder. RECORD SOURCE CATEGORIES: b. Persons lodging complaints with Persons submitting complaints to the SAFEGUARDS: the Commission. Commission, and miscellaneous sources Secured rooms or on secured c. Agency referrals. including customers, law enforcement premises with access limited to those and regulatory agencies, commodity CATEGORIES OF RECORDS IN THE SYSTEM: whose official duties require access. exchanges, trade sources, and An index system to CFTC–14 Matter Commission staff generated items. RETENTION AND DISPOSAL: Files and CFTC–16 Case Files, Maintained indefinitely depending on including: CFTC±2 the policies and practices of the offices a. The matter register. A file number involved. is assigned to each case and the record SYSTEM NAME: is filed according to that number. The Correspondence Files. SYSTEM MANAGER(S) AND ADDRESS: register also indicates the date opened, SYSTEM LOCATION: Office of the Secretariat; Director, the disposition and status, the date This system is located in the Office of Public Affairs; Director, Office closed, and the staff member assigned. of Legislative and Intergovernmental b. The matter register also includes Commission’s principal offices at 1155 21st Street, NW, Washington, DC 20581. Affairs; Executive Director; General reports recommending opening and Counsel; Director, Division of closing of investigations. CATEGORIES OF INDIVIDUALS COVERED BY THE Enforcement; Director, Division of SYSTEM: AUTHORITY FOR THE MAINTENANCE OF THE Trading and Markets; and, Director, SYSTEM: Persons corresponding with the Division of Economic Analysis. All are Section 8 of the Commodity Exchange Commission, directly or through their located at 1155 21st Street, NW, Act, 7 U.S.C. 12. representatives. Persons discussed in Washington, DC 20581. correspondence to or from the NOTIFICATION PROCEDURE: ROUTINE USES OF RECORDS MAINTAINED IN THE Commission. SYSTEM, INCLUDING CATEGORIES OF USERS AND Individuals seeking to determine THE PURPOSES OF SUCH USES: CATEGORIES OF RECORDS IN THE SYSTEM: whether this system of records contains See ‘‘General Statement of Routine Incoming and outgoing information about themselves, or Uses.’’ correspondence and indices of seeking access to records about correspondence, and certain internal themselves in this system of records, or POLICIES AND PRACTICES FOR STORING, reports and memoranda related to the contesting the content of records about RETRIEVING, ACCESSING, RETAINING, AND correspondence. This system includes themselves contained in this system of DISPOSING OF RECORDS IN THE SYSTEM: only those records that are part of a records should address written inquiry STORAGE: general correspondence file maintained to the FOI, Privacy and Sunshine Acts Paper records in file folders, loose-leaf by the office involved. It includes Compliance Staff, Commodity Futures binders, computer memory, computer correspondence indexed by subject Trading Commission, 1155 21st Street, printouts, and index cards. matter, date or assigned number and, in NW, Washington, DC 20581. Telephone Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44445

(202) 418–5105. Specify the system SAFEGUARDS: ROUTINE USES OF THE RECORDS MAINTAINED IN manager, if known. Only items that the Commission or THE SYSTEM, INCLUDING CATEGORIES OF USERS the presiding officer has directed be AND THE PURPOSES OF SUCH USES: RECORD SOURCE CATEGORIES: kept nonpublic are segregated. a. In response to legitimate requests, Persons corresponding with the Precautions are taken as to these items this information may be provided to Commission and correspondence and to assure that access is restricted to other federal agencies for the purpose of memoranda prepared by the authorized personnel only. hiring or retaining employees, and may Commission. be provided to other prospective RETENTION AND DISPOSAL: employers, to the extent that the CFTC±3 Maintained in the Office of information is relevant to the SYSTEM NAME: Proceedings with the presiding officer prospective employer’s decision in the Docket Files. until disposition by the presiding matter. officer, and then the entire record of the b. The information may be provided SYSTEM LOCATION: proceeding is forwarded to the to the Justice Department or other This system is located in the Office of Proceedings Clerk’s office for federal agencies or used by the Proceedings, Proceedings Clerk’s Office, maintenance. Commission in connection with any Commodity Futures Trading investigation, or administrative or legal SYSTEM MANAGER(S) AND ADDRESS: Commission, 1155 21st Street, NW., proceeding involving any violation of Fourth Floor, Washington, DC. Proceedings Clerk, Office of any federal law or regulation Proceedings, 1155 21st Street, NW., thereunder. CATEGORIES OF INDIVIDUALS COVERED BY THE Fourth Floor, Washington, DC 20581. SYSTEM: POLICIES AND PRACTICES FOR STORING, All persons involved in any CFTC NOTIFICATION PROCEDURE: RETRIEVING, ACCESSING, RETAINING, AND proceeding. Individuals seeking to determine DISPOSING OF RECORDS IN THE SYSTEM: whether this system of records contains STORAGE: CATEGORIES OF RECORDS IN THE SYSTEM: information about themselves, or Hard copies of time and attendance All pleadings, motions, applications, seeking access to records about worksheets, leave request slips and stipulations, affidavits, transcripts and themselves, or contesting the content of signed printouts; diskettes; mainframe documents introduced as evidence, records about themselves contained in computer (NFC). briefs, orders, findings, opinions, and this system of records should address other matters that are part of the record written inquiry to the FOI, Privacy and RETRIEVABILITY: of an administrative or reparations Sunshine Acts Compliance Staff, By the name of the employee or by the proceeding. They also include related Commodity Futures Trading employee number, cross-indexed by correspondence and indices. Commission, 1155 21st Street, NW., name. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Washington, DC 20581. Telephone (202) 418–5105. SAFEGUARDS: The Commission is authorized or Lock boxes and/or locked file required to conduct hearings under RECORD SOURCE CATEGORIES: drawers. Password required for access to several provisions of the Commodity Commission staff members; opposing diskettes and NFC computer system. Exchange Act. These files are a parties and their attorneys; proceeding necessary concomitant for the conduct witnesses; and miscellaneous sources. RETENTION AND DISPOSAL: of orderly hearings. See also 44 U.S.C. Hard copy records, including leave 3101. CFTC±4 slips, signed printouts from the PC– SYSTEM NAME: TARE system, overtime approval slips ROUTINE USES OF RECORDS MAINTAINED IN THE and budget account code worksheets are SYSTEM, INCLUDING CATEGORIES OF USERS AND Employee Leave, Time and retained for six years, then destroyed. THE PURPOSES OF SUCH USES: Attendance. Diskettes are written over on a 12 month These records are public records SYSTEM LOCATION: rotating cycle. unless the Commission or assigned The information in the system is kept presiding officer determines for good SYSTEM MANAGER(S) AND ADDRESS: in the CFTC offices in which the cause to treat them as nonpublic records Office of Human Resources, 1155 21st employee described by the records is consistent with the provisions of the Street, NW, Washington, DC 20581. Freedom of Information Act. Nonpublic located. Information is also kept portions may be used for any purpose centrally on the computer system NOTIFICATION PROCEDURE: specifically authorized by the located in the Department of Individuals seeking to determine Commission or by the presiding officer Agriculture’s National Finance Center, whether this system of records contains who ordered such nonpublic treatment New Orleans, Louisiana. information about themselves, or of the records. CATEGORIES OF INDIVIDUALS COVERED BY THE seeking access to records about SYSTEM: themselves in this system of records, or POLICIES AND PRACTICES FOR STORING, All CFTC employees. contesting the content of records about RETRIEVING, ACCESSING, RETAINING, AND themselves contained in this system of DISPOSING OF RECORDS IN THE SYSTEM: CATEGORIES OF RECORDS IN THE SYSTEM: records should address written inquiry STORAGE: Various records reflecting CFTC to the FOI, Privacy and Sunshine Acts Paper records in file folders, computer employees’ time and attendance and Compliance Staff, Commodity Futures memory, computer printouts, index leave status, as well as the allocation of Trading Commission, 1155 21st Street, cards, and microfiche. employee time to designated budget NW, Washington, DC 20581. Telephone account codes. (202) 418–5105. RETRIEVABILITY: By the docket number and cross- AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RECORD SOURCE CATEGORIES: indexed by complainant and respondent 5 U.S.C. 6101–6133; 5 U.S.C. 6301– The individual on whom the record is names. 6326; 44 U.S.C. 3101. maintained. 44446 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

CFTC±5 other federal agencies for the purpose of SYSTEM LOCATION: hiring or retaining employees, and may SYSTEM NAME: This system is located in the be provided to other prospective Commission’s office at 1155 21st Street, Employee Personnel/Payroll Records. employers, to the extent that the NW, Washington, DC. SYSTEM LOCATION: information is relevant to the CATEGORIES OF INDIVIDUALS COVERED BY THE This system is located in the Office of prospective employer’s decision in the matter. SYSTEM: Human Resources at 1155 21st Street, Any Commission member, employee, NW., Washington, DC 20581. b. The information may be provided to the Justice Department, the Office of witness, expert, advisory committee CATEGORIES OF INDIVIDUALS COVERED BY THE Personnel Management or other federal member or non-CFTC employee SYSTEM: agencies, or used by the Commission in traveling on official business for the All CFTC employees. connection with any investigation or Commission. administrative or legal proceeding CATEGORIES OF RECORDS IN THE SYSTEM: CATEGORIES OF RECORDS IN THE SYSTEM: involving any violation of federal law or General records relating to the regulation thereunder. Contains the name, address, employee including information from destination, itinerary, mode and the notification of personnel action (SF– POLICIES AND PRACTICES FOR STORING, purpose of travel, dates, expenses, 50) and other related sources, employee RETRIEVING, ACCESSING, RETAINING, AND miscellaneous claims, amounts DISPOSING OF RECORDS IN THE SYSTEM: name, Social Security or other employee advanced, amounts claimed, and number, birth date, veteran’s preference, STORAGE: amounts reimbursed. Includes travel tenure, leave group, insurance coverage, Paper records in file folders, computer authorizations, travel vouchers, copies type of employment, date service memory, and computer printouts. of government transportation requests, commenced and ended, grade and step, receipts and other records. RETRIEVABILITY: base salary, duty station, various AUTHORITY FOR MAINTENANCE OF THE SYSTEM: computation dates, leave codes and By the name or social security number 5 U.S.C. 5701–5752; 31 U.S.C. 1, et status, employing office and other of the employee. seq; 44 U.S.C. 3101. miscellaneous information. SAFEGUARDS: Payroll related information for CFTC ROUTINE USES OF RECORDS MAINTAINED IN THE employees, including payroll and leave Lockable cabinets for paper records. SYSTEM, INCLUDING CATEGORIES OF USERS AND data for each employee relating to rate Computer records accessible through THE PURPOSE OF SUCH USES: and amount of pay, leave and hours password protected security system. The information may be provided to worked, and leave balances, tax and RETENTION AND DISPOSAL: the Justice Department or other federal retirement deductions, life insurance Maintained according to retention agencies or used by the Commission in and health insurance deductions, schedules prescribed by NARA for each connection with any investigation, or savings allotments, savings bonds and type of personnel/payroll record. administrative or legal proceeding charity deductions, mailing addresses involving any violation of federal law or and home addresses, and copies of the SYSTEM MANAGER(S) AND ADDRESS: regulation thereunder. CFTC time and attendance reports as Office of Human Resources, except for POLICIES AND PRACTICES FOR STORING, well as authorities relating to records maintained under the deductions. RETRIEVING, ACCESSING, RETAINING, AND Commission’s rules of conduct and the DISPOSING OF RECORDS IN THE SYSTEM: The records maintained in the Ethics in Government Act, for which the principal office for all employees General Counsel is the system manager. STORAGE: include: a. Forms required and records See ‘‘The Location of Systems of Paper records in file folders, computer maintained under the Commission’s Records.’’ memory and computer printout. rules of conduct and the Ethics in Government Act; b. Pre-employment NOTIFICATION PROCEDURE: RETRIEVABILITY: inquiries not included with ‘‘exempted Individuals seeking to determine By the name of the Commission employee background investigation whether this system of records contains member, employee witness, expert, materials’’; c. Various summary information about themselves or seeking advisory committee member or CFTC materials received in computer printout access to records about themselves in employee traveling on official business form; d. Awards information; and e. this system of records, or contesting the for the Commission, and by Commission Training information. content of records about themselves identification number. The official personnel records contained in this system of records SAFEGUARDS: maintained by the Commission are should address written inquiry to the described in the system notices FOI, Privacy and Sunshine Acts Access to the computer records is published by the Office of Personnel Compliance Staff, Commodity Futures protected by a security system. General Management, and are not included Trading Commission, 1155 21st Street, building security limits access to paper within this system. NW., Washington, DC 20581. Telephone records kept in files of support staff in (202) 418–5105. the offices of travelers and in the Travel AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Office. 44 U.S.C. 3101, 5 U.S.C. APP. RECORD SOURCE CATEGORIES: RETENTION AND DISPOSAL: (Personnel Financial Disclosure Individual on whom the record is Requirements). maintained; personnel office records; Records are retained for three years after the period covered by the account. ROUTINE USES OF RECORDS MAINTAINED IN THE and miscellaneous sources. SYSTEM, INCLUDING CATEGORIES OF USERS AND CFTC±6 SYSTEM MANAGER(S) AND ADDRESS: THE PURPOSES OF SUCH USES: Accounting Officer and Network a. In response to legitimate requests, SYSTEM NAME: Manager, 1155 21st Street, NW, this information may be provided to Employee Travel Records. Washington, DC 20581. Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44447

NOTIFICATION PROCEDURE: announcements that are filled through SAFEGUARDS: Individuals seeking to determine examining authority delegated from the Lockable cabinets in secured offices whether this system of records contains Office of Personnel Management (OPM) or buildings. information about themselves, or are kept for 5 years, then destroyed. seeking access to records about RETENTION AND DISPOSAL: SYSTEM MANAGER(S) AND ADDRESS: themselves in this system of records or These records are retained for three contesting the content of records about Office of Human Resources, 1155 21st years, then destroyed. Street, NW., Washington, DC 20581. themselves contained in this system of SYSTEM MANAGER(S) AND ADDRESS: records should address written inquiry NOTIFICATION PROCEDURE: Security Officer, Office of Human to the FOI, Privacy and Sunshine Acts Individuals seeking to determine Resources, 1155 21st Street, NW., Compliance Staff, Commodity Futures whether this system of records contains Washington, DC 20581. Trading Commission, 1155 21st Street, information about themselves, or NW, Washington, DC 20581. Telephone seeking access to records about SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS (202) 418–5105. themselves in this system of records, or OF THE ACT: The records in this system have been RECORD SOURCE CATEGORIES: contesting the content of records about themselves contained in this system of exempted by the Commission from The individual on whom the record is certain provisions of the Privacy Act, 5 maintained. records should address written inquiry to the FOI, Privacy and Sunshine Acts U.S.C. 552a(k)(5), and the Commission’s CFTC±7 Compliance Staff, Commodity Futures rules promulgated thereunder, 17 CFR 146.12. These records are exempt from Deleted—Incorporated into CFTC–4 Trading Commission, 1155 21st Street, the notification procedures, record and CFTC–6. NW, Washington, DC 20581. Telephone (202) 418–5105. access procedures, and record contest CFTC±8 procedures set forth in the system RECORD SOURCE CATEGORIES: notices of other record systems, and SYSTEM NAME: The individual on whom the record is from the requirement that the sources of Employment Applications. maintained. records in the system be described. SYSTEM LOCATION: CFTC±9 CFTC±10 This system is located in Office of SYSTEM NAME: Human Resources at 1155 21st Street, SYSTEM NAME: NW., Washington, DC 20581. Exempted Employee Background Exempted Investigation Records. Investigation Material. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM LOCATION: SYSTEM LOCATION: SYSTEM: This system is located in the Applicants for positions with the This system is located in the Office of Commission’s principal and regional CFTC. Human Resources at 1155 21st Street, offices. See ‘‘The Location of Systems of NW., Washington, DC 20581. CATEGORIES OF RECORDS IN THE SYSTEM: Records.’’ CATEGORIES OF INDIVIDUALS COVERED BY THE Contains the application and/or the CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: resume of the applicant. SYSTEM: Employees and prospective a. Individuals whom the staff has AUTHORITY FOR MAINTENANCE OF THE SYSTEM: employees of the CFTC. reason to believe have violated, are 44 U.S.C. 3101. CATEGORIES OF RECORDS IN THE SYSTEM: violating, or are about to violate the ROUTINE USES OF RECORDS MAINTAINED IN THE Investigatory material complied for Commodity Exchange Act and the rules, SYSTEM, INCLUDING CATEGORIES OF USERS AND the purpose of determining suitability, regulations and orders promulgated THE PURPOSES OF SUCH USES: eligibility, or qualifications for CFTC thereunder. Information about these records is employment obtained under an express b. Individuals whom the staff has used in making inquiries concerning the promise that the identity of the source reason to believe may have information qualifications of the applicant. would be held in confidence. concerning violations of the Commodity Exchange Act and the rules, regulations POLICIES AND PRACTICES FOR STORING, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RETRIEVING, ACCESSING, RETAINING, AND and orders promulgated thereunder. DISPOSING OF RECORDS IN THE SYSTEM: 44 U.S.C. 3101; 5 U.S.C. 552a(k)(5). c. Individuals involved in investigations authorized by the STORAGE: ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND Commission concerning the activities of Paper records in file folders. THE PURPOSES OF SUCH USES: members of the Commission or its RETRIEVABILITY: See ‘‘General Statement of Routine employees based upon formal complaint By job announcement number. Uses’’ except that general routine use or otherwise. Summary information of applications is number (3) is not applicable. Disclosure d. Individuals filing applications with also available to staff of the Office of pursuant to the other routine uses may the Commission for their own Human Resources through an automated be subject to the consent of the person registration or registration of a firm. applicant tracking system. furnishing the information. CATEGORIES OF RECORDS IN THE SYSTEM:

SAFEGUARDS: POLICIES AND PRACTICES FOR STORING, Investigatory materials compiled for Lockable cabinets for paper records. RETRIEVING, ACCESSING, RETAINING, AND law enforcement purposes whose DISPOSING OF RECORDS IN THE SYSTEM: Access to applicant tracking system disclosure the Commission staff has granted only to appropriate personnel. STORAGE: determined could impair the Paper records in file folders. effectiveness and orderly conduct of the RETENTION AND DISPOSAL: Commission’s regulatory and Most applicant records are retained RETRIEVABILITY: enforcement program, or compromise for two years, then destroyed. Job By employee name. Commission investigations. This system 44448 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices may include all or any part of the CFTC±12 including this system, are set forth records developed during the under the ‘‘General Statement of SYSTEM NAME: investigation or inquiry. Routine Uses.’’ In addition, information Fitness Investigations. contained in this system of records may AUTHORITY FOR MAINTENANCE OF THE SYSTEM: be disclosed by the Commission as Section 8 of the Commodity Exchange SYSTEM LOCATION: Records for floor brokers and floor follows: Act, 7 U.S.C. 12; 44 U.S.C. 3101; 5 1. Information contained in this U.S.C. 552a(k)(2). traders with respect to matters commenced prior to August 1, 1994: system of records may be disclosed to ROUTINE USES OF RECORDS MAINTAINED IN THE Division of Trading and Markets, 1155 any person with whom an applicant or SYSTEM, INCLUDING CATEGORIES OF USERS AND 21st Street, NW, Washington, DC 20581. registrant is or plans to be associated as THE PURPOSES OF SUCH USES: Records for futures commission an associated person or affiliated as a See ‘‘General Statement of Routine merchants, introducing brokers, principal. 2. Information contained in this Uses’’ except that general routine use commodity pool operators, commodity system of records may be disclosed to number (5) is not applicable. trading advisors, their respective any registered futures commission associated persons and principals, with POLICIES AND PRACTICES FOR STORING, merchant with whom an applicant or active registration status in any capacity RETRIEVING, ACCESSING, RETAINING, AND registered introducing broker has or DISPOSING OF RECORDS IN THE SYSTEM: on or after October 1, 1983; leverage plans to enter into a guarantee transaction merchants and their STORAGE: agreement in accordance with associated persons and principals with Paper records in file folders, disks, Commission regulation 1.10 (17 CFR active registration status as such on or computer memory, computer printouts. 1.10). after August 1, 1994; floor brokers and A summary index of material is also NFA may disclose information floor traders with active registration stored on the computer. contained in those portions of this status as such on or after August 1, system of records, but any such RETRIEVABILITY: 1994: National Futures Association disclosure must be made in accordance (NFA), 200 West Madison Street, Suite By assigned case number or case title. with Commission-approved NFA rules 1400, Chicago, Illinois 60606–3447. (See Cases filed by number are cross-indexed and under circumstances authorized by also ‘‘Retention and Disposal,’’ infra.) by case title. the Commission as consistent with the SAFEGUARDS: CATEGORIES OF INDIVIDUALS COVERED BY THE Commission’s regulations and routine In addition to normal office and SYSTEM: uses. No specific consent is required by building security, certain of these Persons who have applied or who an applicant or registered introducing records are maintained in locked file may apply for registration as floor broker to disclosure of information to cabinets. All employees are aware of the brokers, floor traders, as associated the futures commission merchant with sensitive nature of the information persons, and principals (as defined in whom it has or plans to enter a gathered during investigations. 17 CFR 3.1) of futures commission guarantee agreement. merchants, introducing brokers, POLICIES AND PRACTICES FOR STORING RETENTION AND DISPOSAL: , commodity pool operators, commodity RETRIEVING, ACCESSING, RETAINING, AND Maintained until exemption is no trading advisors and leverage DISPOSING OF RECORDS IN THE SYSTEM: longer necessary, then returned to the transaction merchants. appropriate nonexempt system. STORAGE: CATEGORIES OF RECORDS IN THE SYSTEM: Paper records in file folders, computer SYSTEM MANAGER(S) AND ADDRESS: Information pertaining to the fitness memory, computer printouts, index Director, Division of Enforcement, of the above-described individuals to cards, microfiche. except for those records maintained engage in business subject to the under the Commission’s rules of Commission’s jurisdiction. The system RETRIEVABILITY: conduct and the Ethics in Government contains information in computerized By the name of the individual or firm, Act, for which the General Counsel is and hardcopy format including or by assigned identification number. the system manager. See ‘‘The Location registration forms, schedules and Where applicable, the NFA’s computer of Systems of Records.’’ supplements, fingerprint cards, cross-indexes the individual’s file to the correspondence relating to registration, name of the futures commission SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS merchant, introducing broker, OF THE ACT: and reports and memoranda reflecting information developed from various commodity trading advisor, commodity The records in this system have been pool operator or leverage transaction exempted by the Commission from sources. In addition, the system contains records of each fitness merchant with which the individual is certain provisions of the Privacy Act of associated or affiliated. 1974 pursuant to the terms of the investigation. Privacy Act, 5 U.S.C. 552a(k)(2), and the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SAFEGUARDS: Commission’s rules promulgated Sections 4f(1), 4k(4), 4k(5), 4n(1), General office security measures thereunder, 17 CFR 146.12. These 8a(1)–(5), 8a(10), 8a(11), 17(o) and 19 of include secured rooms or premises and, records are exempt from the notification the Commodity Exchange Act as in appropriate cases, lockable file procedures, records access procedures, amended, 7 U.S.C. 6f(1), 6k(4), 6k(5), cabinets with access limited to persons and record contest procedures set forth 6n(1), 12a(1)–(5), 12a(10), 12a(11), 21(o) whose official duties require access. in the system notices of other record and 23 (1988 and Supp. IV 1992). Access to computer systems is password systems, and from the requirement that protected and limited to authorized the sources of records in the system be ROUTINE USES OF RECORDS MAINTAINED IN THE personnel only. described. SYSTEM INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: RETENTION AND DISPOSAL: CFTC±11 The routine uses applicable to all of Hard copies of applications, Deleted—Incorporated into CFTC–20. the Commission’s systems of records, biographical supplements, other forms, Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44449 related documents and correspondence or the NFA Disciplinary Information ROUTINE USES OF RECORDS MAINTAINED IN THE are maintained, as applicable, for two Access Line at 1–800–676–4632. NFA SYSTEM, INCLUDING CATEGORIES OF USERS AND years after the individual’s will query the computer database about THE PURPOSES OF SUCH USES: registration(s), or that of the firm(s) with the individual’s current registration a. Pursuant to the Commission’s rules, which the individual is associated as an status and registration history, and 17 CFR 140.98, interpretation letters and associated person or affiliated as a provide instructions on how to make the related requests for interpretation principal, becomes inactive. Hard copy written requests for copies of records. that discuss matters of general records are then stored at an appropriate applicability are made public and site for an additional eight years before RECORD SOURCE CATEGORIES: published by the Commission. Portions being destroyed. CFTC-held records are of such letters or information will be The individual or firm on whom the deleted or omitted to the extent stored in the Federal Records Center, record is maintained; the individual’s and NFA-held records are to be stored necessary to prevent a clearly employer; federal, state and local unwarranted invasion of personal either on NFA’s premises or in regulatory and law enforcement appropriate fireproof off-site facilities. privacy or to the extent they otherwise agencies; commodities and securities contain material considered nonpublic Since 1991, NFA has scanned, indexed exchanges, National Futures Association and stored hard copy records on the under the Freedom of Information Act and National Association of Securities and the Commission’s rules computer via imaging software so the Dealers; foreign futures and securities information may be retrieved and implementing that Act. authorities and INTERPOL; and other b. Information in these files may be printed. Like the hard copy records, miscellaneous sources. Computer these imaged records are maintained by used as a reference in responding to records are prepared from the forms, later inquiries from the same party or in NFA for 10 years after the individual’s supplements, attachments and related registration(s), or the registration of the following up on earlier correspondence documents submitted to the involving the same person. firm(s) with which the individual is Commission or NFA and from affiliated as an associated person or c. Also see ‘‘General Statement of information developed during the Routine Uses.’’ principal becomes inactive. fitness inquiry. NFA also maintains an index and POLICIES AND PRACTICES FOR STORING, summary of the hard copy records of CFTC±13 RETRIEVING, ACCESSING, RETAINING AND this system in a data base, the DISPOSING OF RECORDS IN THE SYSTEM: Membership, Registration, Receivables SYSTEM NAME: STORAGE: System (MRRS). The MRRS records are maintained permanently on CFTC’s or Interpretation Files. Paper records in file folders. NFA’s premises, as applicable, and are SYSTEM LOCATION: RETRIEVABILITY: updated periodically as long as the By futures commission merchant, individual’s application is pending for Files are kept in the office responsible floor broker, commodity pool operator, registration in any capacity or affiliated for preparing the interpretation letter, commodity trading advisor or associated with any registrant in any capacity. including the Division of Trading and person if the request is made by them MRRS records on persons who may Markets, the Office of the General or on their behalf. If it is made on behalf apply may be maintained indefinitely; Counsel, and the Division of Economic of another individual, it will be filed by microfiche records, when produced, are Analysis. Copies of the interpretation the name of the individual. If the maintained permanently on the CFTC’s letters without the supporting identity of these persons is not known, or NFA’s premises. documentation are also kept in the the record will be maintained in the Secretariat and the Office of Public SYSTEM MANAGER(S) AND ADDRESS: name of the attorney or other Affairs. All offices are located at 1155 representative filing the request. Assistant Director for Registration, 21st Street, NW, Washington, DC 20581. Division of Trading and Markets, at the SAFEGUARDS: Commission’s principal office, or a CATEGORIES OF INDIVIDUALS COVERED BY THE Access limited to the offices where designee. For records held by NFA, the SYSTEM: the records are maintained. systems manager is the Vice President for Registration, National Futures Persons who have requested the RETENTION AND DISPOSAL: Association, 200 West Madison Street, Commission to provide them with its Maintained permanently (on premises Suite 1400, Chicago, Illinois 60606– interpretation of provisions of the for 5 years then transferred to the 3447, or a designee. Commodity Exchange Act or various Federal Records Center). After 20 years, rules and regulations adopted by the NOTIFICATION PROCEDURE: offered to the National Archives and Commission. The requests may have Records Service. Individuals seeking to determine been made directly by the individual, or whether this system of records contains through the individual’s attorney or SYSTEM MANAGER(S) AND ADDRESS: information about themselves, seeking other representative. Chief Counsel, Division of Trading access to records about themselves in and Markets; the General Counsel; this system of records or contesting the CATEGORIES OF RECORDS IN THE SYSTEM: Director, Division of Economic content of records about themselves Analysis; the Secretary to the should address written inquiry to the Interpretation letters furnished, the request for an interpretation, and any Commission; and the Director, Office of FOI, Privacy and Sunshine Acts Public Affairs. All system managers are Compliance Staff, Commodity Futures related internal memoranda and supporting documents. located in the Commission’s principal Trading Commission, 1155 21st Street, office. See ‘‘The Location of Systems of NW, Washington, DC 20581. Telephone AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Records.’’ (202) 418–5105. Individuals may also request registration information by Section 2(a)(4) of the Commodity NOTIFICATION PROCEDURE: telephone directly from the NFA Exchange Act, 7 U.S.C. 4a(c), 44 U.S.C. Individuals seeking to determine information center at 1–800–676–3570 3101. whether this system of records contains 44450 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices information about themselves, or statements and other trading records, RETENTION AND DISPOSAL: seeking access to records about exchange records, bank records and In the principal office, opening and themselves in this system of records, or credit information, business records, closing reports, complaints, and contesting the content of records about reports of interviews, transcripts of significant orders are kept permanently. themselves contained in this system of testimony, exhibits to transcripts, Once an investigation is closed without records should address written inquiry affidavits, statements by witnesses, institution of a case, the files, other than to the FOI, Privacy and Sunshine Acts registration information, contracts and the materials described above, are Compliance Staff, Commodity Futures agreements. Also contains internal shipped to off-site storage within ninety Trading Commission, 1155 21st Street, memoranda, reports of investigation, days of closing. Records of preliminary NW, Washington, DC 20581. Telephone orders of investigation, subpoenas, inquiries closed without further action, (202) 418–5105. warning letters, stipulations of are forwarded to off-site storage within compliance, correspondence and other a year following closure. Records are RECORD SOURCE CATEGORIES: miscellaneous matters. The nature of the maintained in off-site storage for 5 Individuals, proprietorships, personal information contained in these years, then destroyed. In the regional corporations, other business files varies according to what is offices, records are maintained on the organizations, or representatives seeking considered relevant by the attorney premises for 3 years after the matter is interpretation of the provisions of the assigned based on the circumstances of closed, then sent to the Federal Records Commodity Exchange Act or the particular case under investigation, Center for 5 years before being Commission rules. and may include personal background destroyed. CFTC±14 information about the individual If an investigatory matter is not involved, his education and closed, but becomes a Commission SYSTEM NAME: employment history, information on injunctive or administrative action, the Matter Files. prior violations, and a wide variety of matter files become part of the case files financial information, as well as a described in CFTC–16. SYSTEM LOCATION: detailed examination of the individual’s SYSTEM MANAGER(S) AND ADDRESS: This system is located in the activities during the period in question. Commission’s principal and regional Director, Division of Enforcement in offices. Pending investigation files may AUTHORITY FOR MAINTENANCE OF THE SYSTEM: the Commission’s principal office. be located in the office that is Section 8 of the Commodity Exchange Regional Counsel of the region where conducting the investigation. See ‘‘The Act, 7 U.S.C. 12; 44 U.S.C. 3101. the investigation is being conducted. Location of Systems of Records.’’ See ‘‘The Location of Systems of ROUTINE USES OF RECORDS MAINTAINED IN THE Records.’’ CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM, INCLUDING CATEGORIES OF USERS AND SYSTEM: THE PURPOSES OF SUCH USES: NOTIFICATION PROCEDURE: a. Individuals whom the staff has See ‘‘General Statement of Routine Individuals seeking to determine reason to believe have violated, are Uses.’’ Information concerning traders whether this system of records contains violating, or are about to violate the and their activities may be disclosed information about themselves, or Commodity Exchange Act and the rules, and made public by the Commission to seeking access to records about regulations, and orders promulgated the extent permitted by law when themselves in this system of records, or thereunder, or the rules and regulations deemed appropriate to further the contesting the content of records about of any board of trade designated as a practices and policies of the Commodity themselves contained in this system of contract market. Exchange Act. Information collected records should address written inquiry b. Individuals whom the staff has during the investigation may be to the FOI, Privacy and Sunshine Acts reason to believe may have information included in a public report issued by Compliance Staff, Commodity Futures concerning violations of the Commodity the Commission following an Trading Commission, 1155 21st Street, Exchange Act and the rules, regulations, investigation, to the extent that this is NW, Washington, DC 20581. Telephone and orders promulgated thereunder, or authorized under section 8 of the (202) 418–5105. the rules and regulations of any board Commodity Exchange Act, 7 U.S.C. 12. RECORD SOURCE CATEGORIES: of trade designated as a contract market. c. Individuals involved in POLICIES AND PRACTICES FOR STORING, a. Reporting forms and other RETRIEVING, ACCESSING, RETAINING, AND investigations authorized by the information filed with the Commission; DISPOSING OF RECORDS IN THE SYSTEM: Commission concerning the activities of b. boards of trade; c. persons or firms members of the Commission or its STORAGE: covered by the Commission’s employees based upon formal complaint Paper records in file folders, disks, registration requirements; d. federal, or otherwise. computer memory, computer printouts. state and local regulatory and law d. Individuals filing an application for A summary index of material is also enforcement agencies; e. banks, credit registration as associated person, floor stored on the computer. organizations and other institutions; f. trader or floor broker Form 8-R corporations; g. individuals having (biographical information questionnaire) RETRIEVABILITY: knowledge of the facts; h. attorneys; i. in connection with an application for By assigned matter title, person or publications; j. courts; and k. registration with the Commission. firm. miscellaneous sources. e. Individuals indicted or convicted SAFEGUARDS: CFTC±15 for criminal violations of the Act or other commodity related violations. In addition to normal office and SYSTEM NAME: building security, certain of these Large Trader Report Files. CATEGORIES OF RECORDS IN THE SYSTEM: records are maintained in locked file Anything obtained during the course cabinets. All employees are aware of the SYSTEM LOCATION: of an investigation including data from sensitive nature of the information The copies of original reports and Commission reporting forms, account gathered during investigations. related correspondence are located in Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44451 the CFTC office where filed. See further in part 17 of the Commission’s rules and AUTHORITY FOR MAINTENANCE OF THE SYSTEM: description below. Ancillary records regulations, for each ‘‘special account.’’ Sections 4g, 4i, and 8 of the and information (computer printout) Shows customer account number, Commodity Exchange Act, 7 U.S.C. 6g, may be located in any CFTC office. See reportable position held in each 6i, and 12. ‘‘The Location of Systems of Records.’’ commodity future and information concerning deliveries and exchanges of ROUTINE USES OF RECORDS MAINTAINED IN THE CATEGORIES OF INDIVIDUALS COVERED BY THE futures for physicals by persons with SYSTEM, INCLUDING CATEGORIES OF USERS AND SYSTEM: THE PURPOSES OF SUCH USES: reportable positions. These reports are Individuals holding reportable filed, mostly in machine readable form, See ‘‘General Statement of Routine positions. in the CFTC office in the city where the Uses.’’ In addition, information concerning traders and their activities CATEGORIES OF RECORDS IN THE SYSTEM: contract market involved is located. If there is no CFTC office in that city, they may be disclosed and made public by 1. Reports filed by the individual the Commission to the extent permitted holding the reportable position: are filed in the office where the CFTC instructs that they be filed. by law when deemed appropriate to a. Statements of Reporting Trader further the practices and policies of the (CFTC Form 40) contains information 3. Computer records prepared from Commodity Exchange Act. described in part 18 of the information on the forms described in Commission’s rules and regulations, items (1) and (2) above. The computer POLICIES AND PRACTICES FOR STORING, including the name, address, number, system is located in Chicago. Printouts RETRIEVING, ACCESSING, RETAINING, AND and principal occupation of the may be located in some or all of the DISPOSING OF THE RECORDS IN THE SYSTEM: reporting trader, financial interest in Commission’s offices. STORAGE: and control of commodity futures 4. Correspondence and memoranda of Paper records in file folders, computer accounts, and information about the telephone conversations between the memory, and computer printout. trader’s business associations; Commission and the individual or b. Large trader reporting form (Series between the Commission and other RETRIEVABILITY: 03 Form). Contains information agencies dealing with matters of official Form 40, Form 102, correspondence described in part 18 of the business concerning the individual. and other miscellaneous information are Commission’s rules and regulations, maintained directly under the name of 5. Other miscellaneous information, including the trader’s identifying the reporting trader. The series 01, 03, including intra-agency correspondence number, previous open contracts, trades and 04 forms are maintained by and memoranda concerning the and deliveries that day, open contracts identifying code number. However, individual and documents relating to at the end of the day, and classification information from these forms is official actions taken by the Commission as to speculation or hedging (available included in the computer and on a non-routine basis by special call); against the individual. retrievable by individual name from the c. Large trader reporting form (Series 6. Reports from contract markets computer. 04 Form). Contains information concerning futures and options: described in part 19 of the SAFEGUARDS: Commission’s rules and regulations, to a. Positions and Transactions of Clearing Member Firms. Information is General office security measures, with be filed by merchants, processors and recent trading reports stored in lockable dealers in commodities that have provided in machine readable form and contains the data prescribed in part 16 file cabinets. Access is limited to those federally imposed speculative position whose official duties require access. limits. Includes trader’s identifying of the Commission’s regulations. The number, stocks owned, fixed price sale information includes an identification RETENTION AND DISPOSAL: number for each clearing member, open and purchase commitments. These CFTC Form 40, CFTC Form 102, contracts at the firm for proprietary and reports are filed in the CFTC office in correspondence, memoranda, etc. are customer accounts and transactions the city where the reporting trader is retained on the premises until the such as trades, exchanges of futures for located. If there is no CFTC office in that account has been inactive for 5 years cash, delivery notices issued and city, the reports are filed according to and are then destroyed. Form 01, 03, received, and transfers and option specific instructions of the CFTC. and 04 reports are maintained for 6 exercises. The information is filed in the 2. Reports to be filed by futures months on the premises and then held city where the exchange is located or as commission merchants, members of at the Federal Records Center for 5 years instructed by the Commission. Data is contract markets, foreign brokers and for before being destroyed. The computer transmitted to the CFTC computer large option traders by contract markets. file is maintained for 10 years for Form system and printouts are available at all a. Identification of ‘‘Special 01, 03, and 04 reports and large trader CFTC offices. Accounts’’ (CFTC Form 102). Contains options data reported by contract material described in part 17 of the b. Large Option Trader Data. markets. Clearing member positions and Commission’s rules and regulations. Information is provided in machine transactions are maintained for 2 years. Includes the name, address, and readable form and contains the data Trader code numbers and related occupation of a customer whose prescribed in Commission Rule 16.02. information are maintained for 5 years accounts have reached the reporting Shows customer account number and after a trader becomes nonreportable. level. Also includes the account number reportable option positions as specified Account numbers assigned by an FCM that the futures commission merchant in Rule 16.02. Machine readable media are maintained on the system for 1 year uses to identify this customer on the is delivered to the Commission office in after the account is no longer reported. firm’s 01 report (see next paragraph), which the contract market is located or and whether the customer has control of as instructed by the Commission. The SYSTEM MANAGER(S) AND ADDRESS: or financial interest in accounts of other data is transmitted to the CFTC Chief, Surveillance Branch, in the traders. computer system and printouts of the region where the records are located. b. Large trader reporting form (Series data are available in each Commission See ‘‘The Location of Systems of 01 Form). Contains material described office. Records.’’ 44452 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

NOTIFICATION PROCEDURE: federal statutes. See, e.g., section 6c of Office, the relevant court, and Individuals seeking to determine the Commodity Exchange Act, 7 U.S.C. miscellaneous sources. whether this system of records contains 13a–1, authorizing injunctive actions, CFTC±17 information about themselves, or and various provisions in that Act seeking access to records about authorizing administrative actions. SYSTEM NAME: themselves in this system of records, or ROUTINE USES OF RECORDS MAINTAINED IN THE Litigation Files-OGC. contesting the content of records about SYSTEM, INCLUDING CATEGORIES OF USERS AND themselves contained in this system of THE PURPOSES OF SUCH USES: SYSTEM LOCATION: records should address written inquiry See ‘‘General Statement of Routine to the FOI, Privacy and Sunshine Acts This system is located in the Office of Uses.’’ The information in these files is Compliance Staff, Commodity Futures the General Counsel at 1155 21st Street, generally a matter of public record and Trading Commission, 1155 21st Street, NW, Washington, DC 20581. may be disclosed without restriction. NW, Washington, DC 20581. Telephone CATEGORIES OF INDIVIDUALS COVERED BY THE (202) 418–5105. Include code number POLICIES AND PRACTICES FOR STORING, SYSTEM: assigned by the Commission for filing RETRIEVING, ACCESSING, RETAINING, AND reports, the name of the futures DISPOSING OF RECORDS IN THE SYSTEM: Parties involved in litigation with the commission merchant through whom Commission or litigation in which the STORAGE: Commission has an interest including, traded, and the time period for which Paper records in file folders or information is sought. but not limited to: binders, disks, computer memory, a. Administrative proceedings before RECORD SOURCE CATEGORIES: computer printouts. A summary index the Commission; The individual on whom the record is of material is also stored on the b. Injunctive actions brought by the maintained and futures commission computer. Commission; merchants through whom the individual RETRIEVABILITY: c. Other federal court cases to which trades. Correspondence and memoranda By case title or in some instances by the Commission is a party; prepared by the Commission or its staff. docket number. d. Litigation in which the Correspondence from firms, agencies, or Commission is participating as amicus individuals requested to provide SAFEGUARDS: curiae; and information on the individual. General office security measures e. Other cases involving issues of CFTC±16 including secured premises with access concern to the Commission, including limited to those whose official duties those brought by other law enforcement SYSTEM NAME: require access. and regulatory agencies and those Case Files. RETENTION AND DISPOSAL: brought by private parties. SYSTEM LOCATION: After an action is complete, the CATEGORIES OF RECORDS IN THE SYSTEM: complaint, final decision, and order are This system is located in the Papers, disks, computer memory or kept indefinitely at the headquarters Commission’s principal and regional computer printouts comprising or office. The remainder of the litigation offices. Pending litigation files may be included in the record of the case, and file is shipped to off-site storage 90 days located in other participating offices. briefs and correspondence related to after the case is completed. Most case See ‘‘The Location of Systems of that action. May also include internal files are destroyed after 15 years; unique Records.’’ memoranda and other documents precedent setting cases are destroyed pertaining to the matter being litigated. CATEGORIES OF INDIVIDUALS COVERED BY THE after 20 years. SYSTEM: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Persons or firms against whom the SYSTEM MANAGER(S) AND ADDRESS: Commission has taken enforcement Director, Division of Enforcement at The Commodity Exchange Act, 7 action based on violations of the the Commission’s principal office and U.S.C. 1, et seq., entrusts the Commodity Exchange Act or the rules Regional Counsel for the region where Commission with broad regulatory and regulations promulgated the records are located. See ‘‘The responsibilities over commodity futures thereunder. Location of Systems Records.’’ transactions. In this connection, the Commission is authorized to bring both CATEGORIES OF RECORDS IN THE SYSTEM: NOTIFICATION PROCEDURE: administrative proceedings and Copies of various papers filed by or Individuals seeking to determine injunctive actions where there appear to with the Commission or the courts in whether this system of records contains have been violations of the Act. connection with administrative information about themselves or seeking Furthermore, to effectuate the purposes proceedings or injunctive actions access to records about themselves in of the Act, it is necessary that the brought by the Commission. It includes, this system of records, or contesting the Commission staff be familiar with as a minimum, a copy of the complaint content of records about themselves developments in other actions brought and the final decision and order, and contained in this system of records by others that have implications in the may contain other documents as well, should address written inquiry to the commodity law areas. including records described in CFTC– FOI, Privacy and Sunshine Acts 14, Matter Files, as well as pleadings Compliance Staff, Commodity Futures ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND and litigation correspondence. Trading Commission, 1155 21st Street, THE PURPOSES OF SUCH USES: NW, Washington, DC 20581. Telephone AUTHORITY FOR MAINTENANCE OF THE SYSTEM: (202) 418–5105. The information in these files is These files are necessary for the generally a matter of public record and orderly and effective conduct of RECORD SOURCE CATEGORIES: may be disclosed without restriction. litigation authorized under the The parties, their attorneys, the Also see ‘‘General Statement of Routine Commodity Exchange Act and other Commission’s Proceedings Clerk’s Uses.’’ Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44453

POLICIES AND PRACTICES FOR STORING, CATEGORIES OF INDIVIDUALS COVERED BY THE NW, Washington, DC 20581. Telephone RETRIEVING, ACCESSING, RETAINING, AND SYSTEM: (202) 418–5105. DISPOSING OF RECORDS IN THE SYSTEM: Individuals who have exceeded RECORD SOURCE CATEGORIES: STORAGE: speculative limits in a particular fiscal year. Series 03 reports filed by traders. Paper records in file folders, as well Correspondence prepared by the as disks, computer memory and CATEGORIES OF RECORDS IN THE SYSTEM: Commission or by the individual or computer printouts. A listing, by year, of the violations of individual’s representative. speculative limits imposed by the RETRIEVABILITY: CFTC±19 Commission and the exchanges. It Alphabetically by caption of the case. includes the trader’s assigned code Deleted—Incorporated into CFTC–29. number, the commodity involved, the SAFEGUARDS: CFTC±20 General office security measures name of the trader, the type of violation, including secured rooms or premises the date of the violation, the date the SYSTEM NAME: with access limited to those whose violation ceased, and the action taken. Registration of Floor Brokers, Floor official duties require access. Copies of warning letters and replies Traders, Futures Commission pertaining to the violation listed are Merchants, Introducing Brokers, RETENTION AND DISPOSAL: maintained with the logbook. Commodity Trading Advisors, Maintained in the active files until the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Commodity Pool Operators, Leverage action is completed, including final Transaction Merchants, and Associated Sections 4i and 8 of the Commodity review at the appellate level. Thereafter, Persons. Exchange Act, 7 U.S.C. 6i and 12. transferred to the inactive case files, SYSTEM LOCATION: where a skeletal record of pleadings, ROUTINE USES OF RECORDS MAINTAINED IN THE briefs, findings, and opinions and other SYSTEM, INCLUDING CATEGORIES OF USERS AND National Futures Association (NFA), particularly relevant papers may be THE PURPOSES OF SUCH USES: 200 West Madison Street, Suite 1400, maintained. These records are See ‘‘General Statement of Routine Chicago, Illinois 60606–3447. maintained on premises for five years, Uses.’’ CATEGORIES OF INDIVIDUALS COVERED BY THE then transferred to the Federal Records SYSTEM: POLICIES AND PRACTICES FOR STORING, Center. A copy of some of the Persons who have applied for documents may be kept in precedent RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: registration as floor brokers, floor files for use in later legal research or traders or as associated persons, and STORAGE: preparation of filings in other matters. principals (as defined in 17 CFR 3.1) of Paper records in file folders. SYSTEM MANAGER(S) AND ADDRESS: futures commission merchants, introducing brokers, commodity trading General Counsel, 1155 21st Street, RETRIEVABILITY: advisors, commodity pool operators, NW, Washington, DC 20581. By fiscal year, and within each year and leverage transaction merchants. by the name of the violator. NOTIFICATION PROCEDURE: CATEGORIES OF RECORDS IN THE SYSTEM: SAFEGUARDS: Individuals seeking to determine Information pertaining to the whether this system of records contains General office security measures registration and fitness of the above- information about themselves, or including secured rooms or premises described individuals to engage in seeking access to records about with access limited to those whose business subject to the Commission’s themselves in this system of records, or official duties require access. jurisdiction. The system includes contesting the content of records about RETENTION AND DISPOSAL: applications for registration forms, themselves contained in this system of schedules, and supplements; fingerprint records should address written inquiry Maintained on the premises for 5 years, then held in Federal Records cards; correspondence relating to to the FOI, Privacy and Sunshine Acts registration; and reports and Compliance Staff, Commodity Futures Center for 15 years before being destroyed. memoranda reflecting information Trading Commission, 1155 21st Street, developed from various sources. NW, Washington, DC 20581. Telephone SYSTEM MANAGER(S) AND ADDRESS: Computerized systems, consisting (202) 418–5105. Chief, Surveillance Branch, 233 South primarily of information taken from the RECORD SOURCE CATEGORIES: Wacker Drive, Suite 4600, Chicago, registration forms, are maintained by Illinois 60606; Chief, Surveillance NFA. Computer records include the The court or regulatory authority name, date and place of birth, social before whom the action is pending, the Branch, One World Trade Center, Suite 4747, New York, New York 10048. security number (optional), exchange attorneys for one of the named parties, membership (floor brokers and floor and miscellaneous sources. NOTIFICATION PROCEDURE: traders only), firm affiliation, and the CFTC±18 Individuals seeking to determine residence or business address, or both, whether this system of records contains of each associated person, floor broker, SYSTEM NAME: information about themselves or seeking floor trader and principal. Computer Logbook on Speculative Limit access to records about themselves records also include information Violations. contained in this system of records or relating to name, trade name, principal contesting the content of records about office address, records address, names SYSTEM LOCATION: themselves contained in this system of of principals and branch managers of This system is located in the records should address written inquiry futures commission merchants, Commission’s Chicago and New York to the FOI, Privacy and Sunshine Acts introducing brokers, commodity pool regional offices. See ‘‘The Location of Compliance Staff, Commodity Futures operators, commodity trading advisors, Systems of Records.’’ Trading Commission, 1155 21st Street, and leverage transaction merchants. 44454 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

Directories, when produced, list the RETRIEVABILITY: FOI, Privacy and Sunshine Acts name, business address, and exchange By the name of the individual or firm, Compliance Staff, Commodity Futures membership affiliation of all registered or by assigned identification number. Trading Commission, 1155 21st Street, floor brokers and the name and firm Where applicable, the NFA’s computer NW, Washington, DC 20581. Telephone affiliation of all associated persons and cross-indexes the individual’s primary (202) 418–5105. Individuals may also principals. These directories, as well as registration file to the name of the request registration information by registration forms and biographical futures commission merchant, telephone from the NFA information supplements, except for any introducing broker, commodity trading center at 1–800–676–3570 or from the confidential information on advisor, commodity pool operator or Disciplinary Information Access Line at supplementary attachments to the leverage transaction merchant with 1–800–676–4632. NFA will query the forms, are publicly available to any whom the individual is associated or MRRS system about current registration person for disclosure, inspection and affiliated. status and registration history, and copying. provide instructions on how to make SAFEGUARDS: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: written requests for copies of records. General office security measures Sections 4f(1), 4k(4), 4k(5), 4n(1), including secured rooms or premises RECORD SOURCE CATEGORIES: 8a(1), 8a(5), 8a(10) and 19 of the and, in appropriate cases, lockable file The individual or firm on whom the Commodity Exchange Act as amended, cabinets, with access limited to those record is maintained; the individual’s 7 U.S.C. 6f(1), 6k(4), 6k(5), 6n(1), 12a(1), whose official duties require access. employer; federal, state and local 12a(5), 12a(10), and 23 (1988), as regulatory and law enforcement amended by the Futures Trading RETENTION AND DISPOSAL: agencies; commodities and securities Practices Act of 1992, Pub L. 102–546, Hard copies of applications, exchanges, National Futures Association 106 Stat. 3590. biographical supplements, other forms, and National Association of Securities ROUTINE USES OF THE RECORDS MAINTAINED IN related documents and correspondence Dealers; foreign futures and securities THE SYSTEM, INCLUDING CATEGORIES OF USERS are maintained on the NFA’s premises, authorities and INTERPOL; and other AND THE PURPOSES OF SUCH USES: as applicable, for two years after the miscellaneous sources. The computer See ‘‘General Statement of Routine individual’s registration(s), or that of the records are prepared from the forms, Uses.’’ In addition, information firm(s) with which the individual is supplements, attachments and related contained in this system of records may associated as an associated person or documents submitted to the NFA and be disclosed by the Commission as affiliated as a principal, becomes from information developed during the follows: inactive. Hard copies of records are then fitness inquiry. 1. Information contained in this stored at an appropriate site for an system of records may be disclosed to additional eight years before being CFTC±21 any person with whom an applicant or destroyed. Records are to be stored Deleted—Incorporated into CFTC–20. registrant is or plans to be associated as either on NFA’s premises or in an associated person or affiliated as a appropriate fireproof off-site facilities. CFTC±22 principal. NFA also maintains an index and Deleted—Incorporated into CFTC–20. 2. Information contained in this summary of the hard copy records of system of records may be disclosed to this system in a data base, the CFTC±23 any registered futures commission Membership, Registration, Receivables Deleted—Incorporated into CFTC–20. merchant with whom an applicant or System (MRRS). The MRRS records are CFTC±24 registered introducing broker has maintained permanently and are entered or plans to enter into a updated periodically as long as the Deleted—Incorporated into CFTC–20. guarantee agreement in accordance with individual is pending for registration, CFTC±25 Commission regulation 1.10 (17 CFR registered in any capacity or affiliated 1.10). with any registrant as a principal. MRRS Deleted. NFA may disclose information records on persons who may apply may CFTC±26 contained in those portions of this be maintained indefinitely. system of records maintained by NFA, Deleted—Incorporated into CFTC–14. but any such disclosure must be made SYSTEM MANAGER(S) AND ADDRESS: in accordance with Commission- Assistant Director for Registration, CFTC±27 approved NFA rules and under Division of Trading and Markets, Deleted. circumstances authorized by the Commodity Futures Trading Commission as consistent with the Commission, 1155 21st Street, NW, CFTC±28 Commission’s regulations and routine Washington, DC 20581, and Vice SYSTEM NAME: uses. No specific consent is required by President for Registration, National SRO Disciplinary Action File. an applicant or registered introducing Futures Association, 200 West Madison broker to disclosure of information to Street, Suite 1400, Chicago, Illinois SYSTEM LOCATION: the futures commission merchant with 60606–3447. Records in this system are maintained whom it has or plans to enter a at the Commission’s principal and NOTIFICATION PROCEDURE: guarantee agreement. regional offices. See ‘‘The Location of Individuals seeking to determine Systems of Records.’’ POLICIES AND PRACTICES FOR STORING, whether this system of records contains RETRIEVING, ACCESSING, RETAINING, AND information about themselves, seeking CATEGORIES OF INDIVIDUALS COVERED BY THE DISPOSING OF RECORDS IN THE SYSTEM: access to records about themselves in SYSTEM: STORAGE: this system of records, or contesting the Persons who have been suspended, Paper records in file folders, computer content of records about themselves expelled, disciplined, or denied access memory, computer printouts, indexed contained in this system of records, to or by a self-regulatory organization cards, and microfiche. should address written inquiry to the (SRO). Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44455

CATEGORIES OF RECORDS IN THE SYSTEM: CATEGORIES OF INDIVIDUALS COVERED BY THE Trading Commission, 1155 21st Street, Letters of notification of disciplinary SYSTEM: NW, Washington, DC 20581. Telephone or other adverse action taken by an Individuals filing customer reparation (202) 418–5105. exchange that include the name of the complaints, as well as the firms and person against whom such action was individuals named in the complaints. RECORD SOURCE CATEGORIES: taken, the action taken and the reasons Persons or firms filing reparation therefore. CATEGORIES OF RECORDS IN THE SYSTEM: complaints or answers. Reparation complaints, answers, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: supporting documentation and CFTC±30 Section 8c(1)(B) of the Commodity correspondence filed with the Office of SYSTEM NAME: Exchange Act, 7 U.S.C. 12c(1)(B). Proceedings. If the complaint is Open Commission Meetings—CFTC. ROUTINE USES OF RECORDS MAINTAINED IN THE forwarded for decision by an SYSTEM, INCLUDING CATEGORIES OF USERS AND administrative law judge or proceedings SYSTEM LOCATION: THE PURPOSES OF SUCH USES: officer, records become part of CFTC–3, This system is located in the Office of See ‘‘General Statement of Routine Docket Files. the Secretariat, Commodity Futures Uses.’’ Trading Commission, 1155 21st Street, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: NW, Washington, DC 20581. POLICIES AND PRACTICES FOR STORING, Section 14 of the Commodity RETRIEVING, ACCESSING, RETAINING, AND Exchange Act, 7 U.S.C. 18. CATEGORIES OF INDIVIDUALS COVERED BY THE DISPOSING OF RECORDS IN THE SYSTEM: SYSTEM: ROUTINE USES OF RECORDS MAINTAINED IN THE STORAGE: Persons who are the subject of SYSTEM, INCLUDING CATEGORIES OF USERS AND Loose-leaf binders, computer memory, THE PURPOSES OF SUCH USES: discussion at a Commission meeting and computer printouts. open for public observation. These records are used in the conduct RETRIEVABILITY: of the Commission’s reparation CATEGORIES OF RECORDS IN THE SYSTEM: By chronological order according to program. Also see ‘‘General Statement of Information pertaining to the the self-regulatory organization that took Routine Uses.’’ individuals who are the subject of the disciplinary or other adverse action POLICIES AND PRACTICES FOR STORING, discussion at an open Commission that is the subject of the notice and by RETRIEVING, ACCESSING, RETAINING, AND meeting. the name of the individual. DISPOSING OF RECORDS IN THE SYSTEM: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SAFEGUARDS: STORAGE: Government in the Sunshine Acts, 5 General office security measures. Paper records in file folders, computer U.S.C. 552b(f) and Commission RETENTION AND DISPOSAL: memory, computer printouts. regulations at 17 CFR 147.7. Retained indefinitely. RETRIEVABILITY: ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND SYSTEM MANAGER(S) AND ADDRESS: By docket number and cross-indexed THE PURPOSES OF SUCH USES: Assistant Director, Contract Markets by the name of the complainant and Section, Commodity Futures Trading respondent. The information in these files is a matter of public record and may be Commission, 1155 21st Street, NW, SAFEGUARDS: Washington, DC 20581. disclosed without restriction. Also see General office security including ‘‘General Statement of Routine Uses.’’ NOTIFICATION PROCEDURE: secured rooms and, in appropriate Individuals seeking to determine cases, lockable file cabinets, with access POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND whether this system of records contains limited to those whose official duties DISPOSING OF RECORDS IN THE SYSTEM: information about themselves, or require access. seeking access to records about STORAGE: themselves in this system of records, or RETENTION AND DISPOSAL: Paper records in file folders or contesting the content of records about The records are maintained for 10 microfiche; audio cassette tapes. themselves contained in this system of years after the case is closed, except that records should address written inquiry complaints, decisions, and Commission RETRIEVABILITY: to the FOI, Privacy and Sunshine Acts opinions and orders, are retained The indices to the recordings, Compliance Staff, Commodity Futures indefinitely. transcripts, and minutes of all Trading Commission, 1155 21st Street Commission meetings are organized by SYSTEM MANAGER(S) AND ADDRESS: NW, Washington, DC 20581. Telephone year in chronological order. Each yearly (202) 418–5105. Office of Proceedings, Complaints index is further indexed in alphabetical Section, 1155 21st Street, NW, order according to subject matter, RECORD SOURCE CATEGORIES: Washington, DC 20581. including the names of individuals, Self-regulatory organizations notifying NOTIFICATION PROCEDURE: firms, exchanges or other topics that are the Commission of disciplinary or other discussed at the meetings. adverse actions taken. Individuals seeking to determine whether this system of records contains SAFEGUARDS: CFTC±29 information about themselves, or General office security measures, with SYSTEM NAME: seeking access to records about access limited to persons whose official Reparation Complaints. themselves in this system of records, or duties require access. contesting the content of records about SYSTEM LOCATION: themselves contained in this system of RETENTION AND DISPOSAL: This system is located in the Office of records should address written inquiry Maintained on the premises for at Proceedings, 1155 21st Street, NW, to the FOI, Privacy and Sunshine Acts least the statutory period required by Washington, DC 20581. Compliance Staff, Commodity Futures the Sunshine Act and Commission 44456 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices regulations (i.e., at least two years after for the purpose of determining procedures set forth in the system each meeting or at least one year after suitability, eligibility, or qualifications notices of other record systems, and the conclusion of any agency for employment with the Commission to from the requirement that the source of proceeding with respect to which the the extent that it identifies a records in the system be described. meeting or portion of the meeting was confidential source. held, whichever is later); then retired to CFTC±32 AUTHORITY FOR MAINTENANCE OF THE SYSTEM: the National Archives or stored on the SYSTEM NAME: Government in the Sunshine Act, 5 premises. Office of the Inspector General U.S.C. 552b(f), and Commission Investigative Files. SYSTEM MANAGER(S) AND ADDRESS: regulations at 17 CFR 147.7. Secretary of the Commission, SYSTEM LOCATION: ROUTINE USES OF RECORDS MAINTAINED IN THE Commodity Futures Trading Office of the Inspector General, Commission, 1155 21st Street, NW, SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Commodity Futures Trading Washington, DC 20581. See ‘‘General Statement of Routine Commission, 1155 21st Street NW., NOTIFICATION PROCEDURES: Uses.’’ Washington, DC 20581. Individuals seeking to determine CATEGORIES OF INDIVIDUALS COVERED BY THE POLICIES AND PRACTICES FOR STORING, whether this system of records contains SYSTEM: RETRIEVING, ACCESSING, RETAINING AND information about themselves, seeking DISPOSING OF RECORDS IN THE SYSTEM: Individuals who are part of an access to records about themselves in investigation of fraud and abuse this system of records, or contesting the STORAGE: concerning Commission programs or content of records about themselves Paper records in file folders, operations. contained in this system of records microfiche, and audio cassette tapes. should address written inquiry to the CATEGORIES OF RECORDS IN THE SYSTEM: RETRIEVABILITY: FOIA, Privacy and Sunshine Acts All correspondence relevant to the Compliance Staff, Commodity Futures The indices to the recordings, investigation; all internal staff Trading Commission, 1155 21st Street, transcripts, and minutes of all memoranda, copies of all subpoenas NW, Washington, DC 20581. Telephone Commission meetings are organized by issued during the investigation, (202) 418–5105. year in chronological order. Each yearly affidavits, statement from witnesses, index is further indexed in alphabetical transcripts of testimony taken in the RECORD SOURCE CATEGORIES: order according to subject matter, investigation and accompanying 1. The information recorded during including the names of individuals, exhibits; documents and records or Commission meetings concerning firms, exchanges or other topics, which copies obtained during the individuals who are the subject of are discussed at the meetings. investigation; and opening reports, discussion at the meetings is generated progress reports and closing reports. by the staff in one or more Divisions. SAFEGUARDS: 2. The indices are prepared from the General office security measures, with AUTHORITY FOR MAINTENANCE OF THE SYSTEM: recordings, transcripts and/or minutes. access limited to persons whose official Pub. L. 95–452, as amended, 5 U.S.C. duties require access. App. 3. CFTC±31 RETENTION AND DISPOSAL: ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM NAME: Maintained on the premises for at SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Exempted Closed Commission least the statutory period required by Meetings—CFTC. the Sunshine Acts and Commission 1. The information in the system may be used or disclosed by the Commission SYSTEM LOCATION: regulations (i.e., at least two years after each meeting or at least one year after in any administrative proceeding before This system is located in the Office of the Commission, in any injunctive the Secretariat, Commodity Futures the conclusion of any agency proceeding with respect to which action, or in any other action or Trading Commission, 1155 21st Street, proceeding authorized under the NW, Washington, DC 20581. meeting was held, whichever is later); then retired to the National Archives or Commodity Exchange Act or the CATEGORIES OF INDIVIDUALS COVERED BY THE stored on the premises. Inspector General Act of 1978 in which SYSTEM: the Commission or any member of the Persons who are the subject of SYSTEM MANAGER(S) AND ADDRESS: Commission or its staff participates as a discussion at a closed Commission Secretary of the Commission, party or the Commission participates as meeting. Commodity Futures Trading amicus curiae. Commission, 1155 21st Street, NW, 2. In any case in which records in the CATEGORIES OF RECORDS IN THE SYSTEM: Washington, DC 20581. system indicates a violation or potential Information pertaining to individuals violation of law, whether civil, criminal who are the subject of discussion at a SYSTEM EXEMPTED FROM CERTAIN PROVISIONS or regulatory in nature, whether arising closed Commission meeting. This OF THE ACT: by general statute or particular program information consists of (a) investigatory The records in this system have been statute, or by regulation, rule or order materials compiled for law enforcement exempted by the Commission from issued pursuant thereto, the relevant purposes whose disclosure the certain provisions of the Privacy Act of records may be referred to the Commission has determined could 1974 pursuant to the terms of the appropriate agency, whether Federal, impair the effectiveness and orderly Privacy Act, 5 U.S.C. 552a, and the foreign, state or local, charged with conduct of the Commission’s regulatory, Commission’s rules promulgated enforcing or implementing the statute, enforcement and contract market thereunder, 17 CFR 146.12. These regulation, rule or order. surveillance programs or compromise records are exempted from the 3. In any case in which records in the Commission investigations, or (b) notification procedures, record access system indicate a violation or potential investigatory materials compiled solely procedures and record contest violation of law, whether civil, criminal Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44457 or regulatory in nature, the relevant defendant in litigation is: (a) Any SYSTEM EXEMPTIONS FROM CERTAIN PROVISIONS records may be referred to the component of the Commission or any OF THE PRIVACY ACT: appropriate board of trade designated as member or employee of the Commission Under 5 U.S.C. 552a(j)(2), the Office a contract market by the Commission or in his or her official capacity, or (b) the of the Inspector General Investigative to the appropriate futures association United States or any agency thereof. The Files are exempted from 5 U.S.C. 552a registered with the Commission, if the information may also be disclosed to except subsections (b), (c)(1), and (2), OIG has reason to believe this will assist counsel for any Commission member or (3)(4) (A) through (F), (e)(6), (7), (9), the contract market or registered futures employee in litigation or in anticipation (10), and (11), and (i) to the extent the association in carrying out its self- of litigation in his or her individual system of records pertains to the regulatory responsibilities under the capacity where the Commission or the enforcement of criminal laws. Under 5 Commodity Exchange Act, 7 U.S.C. 1 et Department of Justice agrees to U.S.C. 552(k)(2), the Office of the seq., and regulations, rules or orders represent such employee or authorizes Inspector General Investigative Files are issued pursuant thereto, and such representation by another. exempted from 5 U.S.C. 552a except records may also be referred to any subsections (c)(3), (d), (e)(1), (e)(4) (G), POLICIES AND PRACTICES FOR STORING, national securities exchange or national RETRIEVING, ACCESSING, RETAINING, AND (H), and (I) and (f) to the extent the securities association registered with the DISPOSING OF RECORDS IN THE SYSTEM: system of records consists of Securities and Exchange Commission, to investigatory material compiled for law STORAGE: assist those organizations in carrying enforcement purposes. These out their self-regulatory responsibilities Paper records in file folders, computer exemptions are contained at 17 CFR under the Securities Exchange Act of diskettes and computer memory. 146.13. 1934, 15 U.S.C. 78a et seq., and RETRIEVABILITY: CFTC±33 regulations, rules or orders issued By the name of the subject of the pursuant thereto. investigation or by assigned SYSTEM NAME: 4. The information may be given or identification number. Electronic Key Card Usage. shown to anyone during the course of an OIG investigation if the staff has SAFEGUARDS: SYSTEM LOCATION: reason to believe that disclosure to the The records are kept in limited access Office of Administrative Services, person will further the investigation. areas during duty hours and in file Commodity Futures Trading Information may also be disclosed to cabinets in locked offices at all other Commission, 1155 21st Street, NW, Federal, foreign, state or local times. These records are available only Washington, DC 20581. authorities in order to obtain to those persons whose official duties information or records relevant to an require such access. CATEGORIES OF INDIVIDUALS COVERED BY THE OIG investigation. SYSTEM: 5. The information may be given to RETENTION AND DISPOSAL: Authorized key card holders, which independent auditors or other private The Office of the Inspector General may include CFTC employees, on-site firms with which the OIG has Investigative Files are destroyed ten contractors, visitors, or representatives contracted to carry out an independent years after the case is closed. of landlords. audit, or to collate, aggregate or SYSTEM MANAGER(S) AND ADDRESS: CATEGORIES OF RECORDS IN THE SYSTEM: otherwise refine data collected in the system of records. These contractors Inspector General, Office of the Computer print-outs showing key will be required to maintain Privacy Act Inspector General, Commodity Futures card number and, in some cases, name safeguards with respect to such records. Trading Commission, 1155 21st Street, of assigned user. NW., Washington, DC 20581. 6. The information may be disclosed AUTHORITY FOR MAINTENANCE OF THE SYSTEM: to a Federal, foreign, state or local NOTIFICATION PROCEDURE: Sections 2(a)(2)(A)(b) and 12(b)(3), government agency where records in Individuals seeking to determine Commodity Exchange Act, 7 U.S.C. either system of records pertain to an whether the system of records contains 4a(e) and 16(b)(3). applicant for employment, or to a information about themselves, seeking current employer of that agency where access to records about themselves in ROUTINE USES OF RECORDS MAINTAINED IN THE the records are relevant and necessary to the systems of records, or contesting the SYSTEM, INCLUDING CATEGORIES OF USERS AND an agency decision concerning the content of records about themselves, THE PURPOSES OF SUCH USES: hiring or retention of an employee or should address written inquiry to the See the Commission’s ‘‘General disciplinary or other administrative FOI, Privacy and Sunshine Acts Statement of Routine Uses,’’ Nos. 1, 2, action concerning an employee. Compliance Staff, Commodity Futures 6 and 7, Privacy Act Issuances, 1995 7. The information may be disclosed Trading Commission, 1155 21st Street, Comp. In addition, information to a Federal, foreign, state, or local NW., Washington, DC 20581. contained in this system may be government agency in response to its disclosed by the Commission (1) to any request in connection with the issuance RECORD SOURCE CATEGORIES: person in connection with architectural, of a security clearance, the letting of a Information in these records is security or other surveys concerning use contract, or the issuance of a license, supplied by: Individuals including, of office space and (2) to employees and grant or other benefit by the requesting where practicable, those to whom the contractors for the purpose of agency, to the extent that the information relates; witnesses, maintenance or service of data information is relevant and necessary to corporations and other entities; records processing systems. the requesting agency’s decision in the of individuals and of the Commission; matter. records of other entities; federal, foreign, POLICIES AND PRACTICES FOR STORING, 9. The information may be disclosed state or local bodies and law RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: to the Department of Justice or other enforcement agencies; documents, counsel to the Commission for legal correspondence relating to litigation, STORAGE: advice or to pursue claims and to and transcripts of testimony; and Paper records in file folders, computer government counsel when the miscellaneous other sources. diskettes and computer memory. 44458 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

RETRIEVABILITY: card calls are located in the Office of RETENTION AND DISPOSAL: By name of the subject, by assigned Administrative Services, Commodity In accordance with the general record key card number, by time period and by Futures Trading Commission, Three schedules and the Commission’s record entry point. Lafayette Centre, 1155 21st Street, NW, management handbook, the records in Washington, DC 20581. The most the system are considered temporary SAFEGUARDS: current record of the phone numbers and are destroyed when no longer Information from the Commission’s and calling card numbers assigned to required, usually every three months. landlords’ data bases may only be individual employees and contractors is requested from the landlords by the kept by the administrative office in each SYSTEM MANAGER(S) AND ADDRESS: Director of the Office of Administrative regional location except Los Angeles. Director, Office of Administrative Services, or his/her designee. The Los Angeles telephone assignment Services, Commodity Futures Trading Commission maintains all key card records are kept in the Washington, DC, Commission, 1155 21st Street, NW, usage records in limited access areas at Office of Administrative Services. Washington, DC 20581. all times. CATEGORIES OF INDIVIDUALS COVERED BY THE NOTIFICATION PROCEDURES: RETENTION AND DISPOSAL: SYSTEM: Individuals seeking to determine In accordance with the general record Individuals (generally Commission whether the system of records contains schedules and the Commission’s record employees and on-site contractor information about themselves, seeking management handbook the records in personnel) who make telephone calls access to records about themselves in the system are considered temporary from Commission telephones or use the system of records or contesting the and are destroyed when no longer government issued calling cards. content of records about themselves required. CATEGORIES OF RECORDS IN THE SYSTEM: should address written inquiries to the SYSTEM MANAGER(S) AND ADDRESS: Records relating to the use of FOI, Privacy and Sunshine Acts Director, Office of Administrative Commission telephones or calling cards Compliance Staff, Commodity Futures Services, Commodity Futures Trading to place calls; records indicating Trading Commission, 1155 21st Street, Commission, 1155 21st Street, NW, assignment of telephone or calling card NW, Washington, DC 20581. Washington, DC 20581. numbers to employees; and records RECORD ACCESS PROCEDURES: relating to requests for telephone call See ‘‘Notification Procedures,’’ above. NOTIFICATION PROCEDURES: detail information. Individuals seeking to determine CONTESTING RECORD PROCEDURES: whether the system of records contains AUTHORITY FOR MAINTENANCE OF THE SYSTEM: information about themselves, seeking 5 U.S.C. 301 and 41 CFR part 101–35. See ‘‘Notification Procedures,’’ above. access to records about themselves in RECORD SOURCE CATEGORIES: the system of records or contesting the ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND Telephone and calling card content of records about themselves THE PURPOSES OF SUCH USES: should address written inquiry to the assignment records; call detail listings See the Commission’s ‘‘General FOI, Privacy and Sunshine Acts received from local and long distance Statement of Routine Uses,’’ Nos. 1 and Compliance Staff, Commodity Futures service providers; results of 2, Privacy Act Issuances, 1995 Comp. In Trading Commission, 1155 21st Street, administrative inquiries relating to addition, records and data may be NW, Washington, DC 20581. The system assignment of responsibility for disclosed as necessary (1) to of records and the notification, access placement of specific long distance representatives of the General Services and challenge procedures apply only to calls. Administration or the National Archives records of key card usage in the and Records Administration who are CFTC 35 Commission’s actual possession. None conducting records management of these applies to any information SYSTEM NAME: inspections under the authority of 44 solely in a landlord’s possession. Interoffice and Internet E-Mail U.S.C. 2904 and 2906; (2) to a System. RECORD SOURCE CATEGORIES: telecommunications company or With one exception, information in consultant providing SYSTEM LOCATION: telecommunications support to permit the system is supplied by the File servers in each system location servicing the account. Commission’s landlords, typically on (Washington, DC, Chicago, New York, request. Information supplied is a POLICIES AND PRACTICES FOR STORING, Kansas City, Minneapolis, and Los record of use of electronic key cards and RETRIEVING, ACCESSING, RETAINING AND Angeles) retain records. Records are in that sense the information is obtained DISPOSING OF RECORDS IN THE SYSTEM: backed up nightly onto magnetic tape in directly from the users of the key cards. STORAGE: all locations except Minneapolis. Information in the data base maintained Records are backed up weekly onto Records are stored on computer in Chicago by the Commission itself is magnetic tape in the Minneapolis office. printouts. also merely recorded usage of electronic The most recent two weeks of tapes are key cards and similarly is obtained RETRIEVABILITY: kept in locked boxes in the Washington, directly from the user of the key card. Records are retrievable by a DC, and Chicago locations. Tapes with CFTC±34 Commission telephone or calling card information covering the prior two number that is assigned to an weeks are kept at an off-site storage SYSTEM NAME: individual. facility in Washington, DC, and Chicago. Telephone System. Tapes with information covering the SAFEGUARDS: most recent four week period are kept SYSTEM LOCATION: In addition to general building on-site, in a secured area, in the New Monthly billing records for local toll security, records are maintained in York, Kansas City, Los Angeles, and calls, long distance calls, and calling limited access areas at all times. Minneapolis locations. Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44459

CATEGORIES OF INDIVIDUALS COVERED BY THE management have keys to the locked Internet protocol address assigned to SYSTEM: boxes. In the New York, Kansas City, each computer, as well as information All CFTC employees and on-site Los Angeles and Minneapolis locations, on the date and time of the web site or contractors. tapes are kept in unlocked boxes, either news group access. stored in a fireproof safe or vault. Only CATEGORIES OF RECORDS IN THE SYSTEM: designated office personnel have access AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Records on the use of the interoffice to the safe or vault. 5 U.S.C. 301 and section 12(b)(3) of and Internet e-mail system, including the Commodity Exchange Act, 7 U.S.C. address of sender and receiver(s), RETENTION AND DISPOSAL: 16(b)(3). subject, date sent or received, name of Records on magnetic tape are retained attachment and certification status. On for four weeks, then destroyed as the ROUTINE USES OF RECORDS MAINTAINED IN THE a restricted basis, records may include tape is written over with new SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: the contents of an individual’s mailbox. information. Records are retained on the file server until the sender and receiver The records are used by CFTC AUTHORITY FOR MAINTENANCE OF THE SYSTEM: delete the information from the e-mail network administrators for maintenance 5 U.S.C. 301 and section 12(b)(3) of system. Internet e-mail information that of the firewall system that protects the the Commodity Exchange Act, 7 U.S.C. is received by the postmaster due to an CFTC from unauthorized access to its 16(b)(3). error in delivery is considered data. The network administrators may temporary and is destroyed after the also use the information to evaluate the ROUTINE USES OF RECORDS MAINTAINED IN THE level of use of the agency’s Internet SYSTEM, INCLUDING CATEGORIES OF USERS AND problem is corrected. THE PURPOSES OF SUCH USES: browsing capability. See also the SYSTEM MANAGER(S) AND ADDRESS: Commission’s ‘‘General Statement of The records are used by CFTC Network Manager, Commodity Routine Uses,’’ Nos. 1, and 2, Privacy network administrators who have a Futures Trading Commission, Three Act Issuances, 1995 Comp. Records may need for the records in the performance Lafayette Centre, 1155 21st Street NW., also be disclosed as necessary to the of their duties. See also the Washington, DC 20581. agency’s Internet service provider or Commission’s ‘‘General Statement of agency contractor to the extent the Routine Uses,’’ Nos. 1, and 2, Privacy NOTIFICATION PROCESS: information is necessary for Act Issuances, 1995 Comp. In addition, Individuals seeking to determine maintenance of the agency’s Internet the records and data, other than the whether the system of records contains access. content of individual mailboxes, may information about themselves, seeking also be disclosed as necessary to access to records about themselves in POLICIES AND PRACTICES FOR STORING, contractors as necessary for assessment, the system of records, or contesting the RETRIEVING, ACCESSING, RETAINING AND modification, or maintenance of the e- content of records about themselves DISPOSING OF RECORDS IN THE SYSTEM: mail system. should address written inquiries to the STORAGE: FOI, Privacy and Sunshine Acts POLICIES AND PRACTICES FOR STORING, Records are kept on the software Compliance Staff, Commodity Futures RETRIEVING, ACCESSING, RETAINING AND maintained on the firewall gateway DISPOSING OF RECORDS IN THE SYSTEM: Trading Commission, 1155 21st Street server in the headquarters computer NW., Washington, DC 20581. STORAGE: room. In addition, a record of the Records are stored on the file servers RECORD ACCESS PROCEDURES: Internet browsing done on each in each CFTC location. Servers are See ‘‘Notification Procedures’’ above. computer is maintained on that PC. The backed up nightly and the information length of time of storage on the firewall CONTESTING RECORD PROCEDURES: is transferred to magnetic tape. In gateway server is governed by available See ‘‘Notification Procedures’’ above. Washington, DC, and Chicago, the most disk space on the server. At current levels of browsing usage, the recent two weeks of magnetic tape are RECORD SOURCE CATEGORIES: information is stored on the server for kept in a locked box in the Computer Internet e-mail, interoffice e-mail. Room. The prior two weeks are kept at approximately three days. Information an off-site storage facility in CFTC 36 on web sites visited by each PC is also stored in the PC’s history file or cache Washington, DC, and Chicago. The SYSTEM NAME: entire four weeks of magnetic tape directory. The information is stored on Internet Web Site and News Group information is kept in unlocked boxes in the individual PC until the cache Browsing System. a secured area in the New York, Kansas directory consumes 1% of total disk space. Oldest items are then removed City, Los Angeles and Minneapolis SYSTEM LOCATION: until the directory is equal to or less locations. Firewall software, located on PC in than 1% of the total disk space. History the Washington, DC, office’s computer RETRIEVABILITY: file records are maintained until 100 room. Information on use of each The information can be retrieved by URLs are entered. (URL stands for personal computer is stored on that assigned interoffice or Internet mail ‘‘Uniform Resource Locator’’ and is the computer. address. address of the site visited, for example, CATEGORIES OF INDIVIDUALS COVERED BY THE http://www.cftc.gov.) The oldest URLs SAFEGUARDS: SYSTEM: are deleted until the total URL count is Only network administrators have All CFTC employees and on-site equal to or less than 100 entries. access to the e-mail information. This contractors who are users of the Internet RETRIEVABILITY: access is generally limited to the Web Site and News Group Browsing ‘‘header’’ information described under capability. The information can be retrieved by ‘‘Categories of Records.’’ The tapes are Internet protocol address. The network kept in locked storage boxes in CATEGORIES OF RECORDS IN THE SYSTEM: administrators have access to Washington, DC, and Chicago, and only Records on the web sites and news information about the office location network administrators and OIRM groups visited, as identified by the and individuals assigned to each 44460 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices computer, as identified by Internet CATEGORIES OF INDIVIDUALS COVERED BY THE NOTIFICATION PROCEDURES: protocol address. SYSTEM: Individuals seeking to determine All CFTC employees and on-site whether the system of records contains SAFEGUARDS: contractors who are users of the Lexis/ information about themselves, seeking Network administrators, through use Westlaw research system. access to records about themselves in the system of records, or contesting the of a password protection, have access to CATEGORIES OF RECORDS IN THE SYSTEM: the Internet web browsing system content of records about themselves information that is stored on the firewall Records on the name, search subject, should address written inquiries to the gateway server in the headquarters database searched, date, elapsed time, FOI, Privacy and Sunshine Acts computer room. Access to the computer type of charge, and total charge for a Compliance Staff, Commodity Futures room is limited to OIRM employees. search in the Lexis/Westlaw automated Trading Commission, 1155 21st Street The Director of OIRM may grant the research system. NW., Washington, DC 20581. Commission’s Internet service provider AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RECORDS ACCESS PROCEDURES: access to the Internet web browsing 5 U.S.C. 301 and section 12(b)(3) of See ‘‘Notification Procedures’’ above. system information for maintenance the Commodity Exchange Act, 7 U.S.C. purposes. However, the provider would 16(b)(3). CONTESTING RECORD PROCEDURES: not have access to the information that links Internet protocol addresses to ROUTINE USES OF RECORDS MAINTAINED IN THE See ‘‘Notification Procedures’’ above. SYSTEM, INCLUDING CATEGORIES OF USERS AND particular computers, locations and RECORDS SOURCE CATEGORIES: individuals. THE PURPOSES OF SUCH USES: Records are used primarily by the Lexis/Westlaw billing information. RETENTION AND DISPOSAL: Administrative Officer, OIRM, to CFTC 38 Records are retained on the monitor expenditures and to ensure the Commission’s firewall software for availability of funds. The records SYSTEM NAME: approximately three days, then over containing usage information are Automated Library Circulation written. distributed monthly to the System. administrative officers in each office for SYSTEM MANAGER(S) AND ADDRESS: their confirmation that Lexis/Westlaw SYSTEM LOCATION: Library, Commodity Futures Trading Network Manager, Commodity use was authorized. See the Commission, Three Lafayette Centre, Futures Trading Commission, Three Commission’s ‘‘General Statement of 1155 21st Street, NW., Washington, DC Lafayette Centre, 1155 21st Street NW., Routine Uses,’’ Nos. 1 and 2, Privacy 20581. Washington, DC 20581. Act Issuances, 1995 Comp. Lexis/ Westlaw can also access the information and uses it for statistical analysis and CATEGORIES OF INDIVIDUALS COVERED BY THE NOTIFICATION PROCEDURE: SYSTEM: billing purposes. Individuals seeking to determine Individual CFTC employees who whether the system of records contains POLICIES AND PRACTICES FOR STORING, check out books and periodicals from information about themselves, seeking RETRIEVING, ACCESSING, RETAINING AND the CFTC Library. access to records about themselves in DISPOSING OF RECORDS IN THE SYSTEM: CATEGORIES OF RECORDS IN THE SYSTEM: the system of records, or contesting the STORAGE: content of records about themselves Billing information is maintained by Records showing the bar code should address written inquiries to the the Administrative Officer, OIRM, in a assigned to employees who use the FOI, Privacy and Sunshine Acts locked file drawer. library, title, due date, and hold Compliance Staff, Commodity Futures information on library materials Trading Commission, 1155 21st Street RETRIEVABILITY: checked-out by individual CFTC NW., Washington, DC 20581. By division, by month of use, by employees; records of overdue materials database accessed, by user name and and of employee notification of overdue RECORD ACCESS PROCEDURES: user identification number. Retrieval is materials. See ‘‘Notification Procedures’’ above. done manually. AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

CONTESTING RECORD PROCEDURES: SAFEGUARDS: 5 U.S.C. 301 and 41 CFR part 101–27. Billing information is kept in locked See ‘‘Notification Procedures’’ above. ROUTINE USES OF RECORDS MAINTAINED IN THE desks at all times. Information is SYSTEM, INCLUDING CATEGORIES OF USERS AND RECORD SOURCE CATEGORIES: provided only to the Administrative THE PURPOSES OF SUCH USES: Officer, OIRM, and is circulated to the Internet, web site and news group administrative officer for each office. The Library staff uses the information browsing, web site access. to track the location of library materials, RETENTION AND DISPOSAL: to provide users on request with a list CFTC 37 Hard copies of monthly billing of materials currently shown as in their possession, and to issue, as necessary, SYSTEM NAME: statements are retained for two years, then destroyed. overdue notices for materials. See the Lexis/Westlaw Billing Information Commission’s ‘‘General Statement of System. SYSTEM MANAGER(S) AND ADDRESS: Routine Uses,’’ Nos. 1 and 2, Privacy Administrative Officer, Office of Act Issuances, 1995 Comp. The records SYSTEM LOCATION: Information Resources Management, may also be disclosed as necessary to Office of Information Resources Commodity Futures Trading agency contractors in connection with Management, Three Lafayette Centre, Commission, Three Lafayette Centre, assessment, modification or 1155 21st Street NW., Washington DC 1155 21st Street NW., Washington, DC maintenance of the automated 20581. 20581. circulation system. Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44461

POLICIES AND PRACTICES FOR STORING, DEPARTMENT OF DEFENSE Dated: August 15, 1997. RETRIEVING, ACCESSING, RETAINING AND Patricia L. Toppings, DISPOSING OF RECORDS IN THE SYSTEM: Office of the Secretary Alternate OSD Federal Register Liaison Officer, Department of Defense. STORAGE: Submission for OMB Review; [FR Doc. 97–22141 Filed 8–20–97; 8:45 am] Comment Request Records are stored on the CFTC local BILLING CODE 5000±04±M area network file server. Records on the identifying bar codes assigned to ACTION: Notice. individuals are stored in the file server DEPARTMENT OF DEFENSE and on rolodex cards. The Department of Defense has submitted to OMB for clearance, the Department of the Army RETRIEVABILITY: following proposal for collection of information under the provisions of the Record of Decision for the Records are retrievable by employee Paperwork Reduction Act (44 U.S.C. Environmental Impact Statement (EIS) name or by the employee’s bar code Chapter 35). for Proposed Western Army National number. Title and OMB Number: Stars and Guard Aviation Training Site Expansion, Arizona SAFEGUARDS: Stripes Audience Survey; OMB Number 0704–0314. Records may be accessed only by AGENCY: Department of the Army, DoD. Type of Request: Reinstatement. authorized CFTC staff members, who ACTION: Notice of availability. are principally staff of the Library or the Number of Respondents: 3,000. Office of Information Resources Responses per Respondent: 1. SUMMARY: The Record of Decision (ROD) was signed on July 31, 1997. Management. Staff members must use Annual Responses: 3,000. an individual password to gain access to The decision made in the ROD was to Average Burden per Response: 24 the information stored in the computer. implement the proposed action and a minutes. series of mitigation measures to RETENTION AND DISPOSAL: Annual Burden Hours: 1,200. minimize the environmental impacts of this action. The proposed action Records in the system are considered Needs and Uses: This information collection requirement is necessary to consists of three components: (1) temporary. The records of library Increase the size of the original Tactical transactions are destroyed when an item evaluate current Stars and Stripes newspaper policies and practices, and Flight Training Area (TFTA) to improve on loan is returned or reimbursement is training, enhance training safety made for replacement of the item. provide information on demographics and consumer habits of Stars and through reduced training congestion, allowing limited ground training SYSTEM MANAGER(S) AND ADDRESS: Stripes readers for use in marketing initiatives. Respondents are Department support activities, and to reduce noise Administrative Librarian, Commodity of Defense civilian employees and their and environmental impacts through Futures Trading Commission, 1155 21st families living in areas served by the closing some parts of the existing TFTA; Street NW., Washington, DC 20581. Stars and Stripes readership. As the last (2) increase the number of helicopter similar survey was conducted in 1990, gunnery training operations through NOTIFICATION PROCEDURES: no current information exists on reader construction of new ranges or Individuals seeking to determine demographics, preferences, opinions, modification to existing ranges; and (3) whether the system of records contains and purchasing habits. This information construct new facilities for housing, information about themselves, seeking will assist in evaluating current policies training, maintenance and to comply access to records about themselves in and practices, provide guidance on with changing environmental the system of records, or contesting the potential changes in current activities, requirements. content of records about themselves and guide future activities in the areas ADDRESSES: Copies of the ROD will be should address written inquiries to the of circulation and advertising. mailed to individuals who participated FOI, Privacy and Sunshine Acts Affected Public: Individuals or in the public scoping process. Copies Compliance Staff, Commodity Futures households. will also be sent to Federal, State, regional, and local agencies; interested Trading Commission, 1155 21st Street Frequency: Triennially. NW., Washington, DC 20581. organizations and agencies; and public Respondent’s Obligation: Voluntary. libraries. Individuals not currently on RECORDS ACCESS PROCEDURES: OMB Desk Officer: Mr. Edward C. the mailing list may obtain a copy by request. See ‘‘Notification Procedures’’ above. Springer. Written comments and FOR FURTHER INFORMATION CONTACT: CONTESTING RECORDS PROCEDURES: recommendations on the proposed The EIS Project Officer, Captain Ron information collection should be sent to Skaggs, Environmental Officer, Arizona See ‘‘Notification Procedures’’ above. Mr. Springer at the Office of Army National Guard, 5636 East Management and Budget, Desk Officer McDowell Road, Phoenix, Arizona RECORDS SOURCE CATEGORIES: for DoD, Room 10236, New Executive 85008–3495 or telephone (602) 267– Library user bar code identifiers; Office Building, Washington, DC 20503. 2742. library materials use; overdue notices. DOD Clearance Officer: Mr. Robert Dated: August 14, 1997. Issued in Washington, DC, on August 14, Cushing. Raymond J. Fatz, 1997, by the Commission. Written requests for copies of the Deputy Assistant Secretary of the Army, Jean A. Webb, information collection proposal should (Environment, Safety, and Occupational Secretary of the Commission. be sent to Mr. Cushing, WHS/DIOR, Health), OASA (I, L&E). [FR Doc. 97–22050 Filed 8–20–97; 8:45 am] 1215 Jefferson Davis Highway, Suite [FR Doc. 97–22186 Filed 8–20–97; 8:45 am] BILLING CODE 6351±01±P 1204, Arlington, VA 22202–4302. BILLING CODE 3710±08±M 44462 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

DEPARTMENT OF EDUCATION opportunity to comment on information Additional Information: This form collection requests. The Office of provides instructions and information Notice of Proposed Information Management and Budget (OMB) may for States to submit a count of children Collection Requests amend or waive the requirement for and youth with disabilities receiving public consultation to the extent that special education and related services. AGENCY: Department of Education public participation in the approval This information is used by the Office ACTION: Notice of proposed information process would defeat the purpose of the of Special Education Programs (OSEP) collection requests. information collection, violate State or as the basis for providing Federal assistance to States. In addition, OSEP SUMMARY: The Acting Deputy Chief Federal law, or substantially interfere uses this information to assist in Information Officer, Office of the Chief with any agency’s ability to perform its establishing programmatic priorities Information Officer, invites comments statutory obligations. The Acting Deputy (such as expanding or adapting services on the proposed information collection Chief Information Officer, Office of the for students with serious emotional requests as required by the Paperwork Chief Information Officer, publishes this disturbance), to monitor States to ensure Reduction Act of 1995. notice containing proposed information collection requests at the beginning of compliance with Federal statute and DATES: An emergency review has been the Departmental review of the regulations, and to disseminate data to requested in accordance with the Act information collection. Each proposed Congress and the public. (44 U.S.C. Chapter 3507 (j)), since information collection, grouped by Emergency clearance is requested on public harm is reasonably likely to office, contains the following: (1) Type the basis of a statutory deadline. result if normal clearance procedures of review requested, e.g., new, revision, Revisions to the form were necessitated are followed. Approval by the Office of extension, existing or reinstatement; (2) by the passage of P.L. 105–17, the Management and Budget (OMB) has Title; (3) Summary of the collection; (4) Individuals with Disabilities Education been requested by September 19, 1997. Description of the need for, and Act Amendments of 1997. While the A regular clearance process is also proposed use of, the information; (5) data collection requirements (Section beginning. Interested persons are Respondents and frequency of 618) of this law do not go into effect invited to submit comments on or before collection; and (6) Reporting and/or until July 1, 1998, two sections of the October 20, 1997. Recordkeeping burden. ED invites law—Section 602 and Section 611— ADDRESSES: Written comments public comment at the address specified which impact the 1997 data collection regarding the emergency review should above. Copies of the requests are went into effect on June 4, 1997. be addressed to the Office of available from Patrick J. Sherrill at the Therefore, this emergency clearance Information and Regulatory Affairs, address specified above. must be effective for the statutory collection of child count data on Attention: Dan Chenok, Desk Officer: The Department of Education is Department of Education, Office of October 31 or December 1, 1997. especially interested in public comment Frequency: Annually. Management and Budget, 725 17th addressing the following issues: (1) Is Street, NW., Room 10235, New Affected Public: State, local or Tribal this collection necessary to the proper Gov’t, SEAs or LEAs Executive Office Building, Washington, functions of the Department, (2) will D.C. 20503. Requests for copies of the Annual Reporting and Recordkeeping this information be processed and used Hour Burden: proposed information collection request in a timely manner, (3) is the estimate Responses: 58. should be addressed to Patrick J. of burden accurate, (4) how might the Burden Hours: 15,196. Sherrill, Department of Education, 7th & Department enhance the quality, utility, [FR Doc. 97–22123 Filed 8–20–97; 8:45 am] D Streets, S.W., Room 5624, Regional and clarity of the information to be BILLING CODE 4000±01±U Office Building 3, Washington, D.C. collected, and (5) how might the 20202–4651. Department minimize the burden of this Written comments regarding the collection on the respondents, including DEPARTMENT OF ENERGY regular clearance and requests for copies through the use of information of the proposed information collection technology. requests should be addressed to Patrick Federal Energy Regulatory J. Sherrill, Department of Education, 600 Dated: August 15, 1997. Commission Independence Avenue, S.W., Room Linda C. Tague [FERC±511] 5624, Regional Office Building 3, Acting Deputy Chief Information Officer, Washington, DC 20202–4651, or should Office of the Chief Information Officer. Proposed Information Collection and be electronic mailed to the internet Request for Comments Office of Special Education and address #[email protected], or should be Rehabilitative Services August 15, 1997. faxed to 202–708-9346. AGENCY: Federal Energy Regulatory Type of Review: Emergency. FOR FURTHER INFORMATION CONTACT: Commission. Patrick J. Sherrill (202) 708–8196. Title: Report of Children and Youth ACTION: Notice of proposed information Individuals who use a with Disabilities Receiving Special collection and request for comments. telecommunications device for the deaf Education Under Part B of Individuals (TDD) may call the Federal Information with Disabilities Education Act. SUMMARY: In compliance with the Relay Service (FIRS) at 1–800–877–8339 Abstract: This package provides requirements of Section 3506(c)(2)(a) of between 8 a.m. and 8 p.m., Eastern time, instructions and forms necessary for the Paperwork Reduction Act of 1995 Monday through Friday. States to report the number of children (Pub. L. 104–13), the Federal Energy SUPPLEMENTARY INFORMATION: Section with disabilities served under IDEA-B Regulatory Commission (Commission) is 3506 (c)(2)(A) of the Paperwork receiving special education and related soliciting public comment on the Reduction Act of 1995 (44 U.S.C. services. It serves as the basis for specific aspects of the information Chapter 3506 (c)(2)(A)) requires that the distributing Federal assistance, collection described below. Director of OMB provide interested monitoring, implementing, and DATES: Comments are due October 20, Federal agencies and the public an early Congressional reporting. 1997. Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44463

ADDRESSES: Copies of the proposed Power Act (FPA) 16 U.S.C. 792–828c. in the format of a written application for collection of information can be Section 4(e) authorizes the Commission transfer of license, executed jointly by obtained from and written comments to issue licenses for the construction, the parties to the proposed transfer. The may be submitted to the Federal Energy operation and maintenance of transfer of a license may be occasioned Regulatory Commission, Attn: Michael reservoirs, power houses and by the sale or merger of a licensed P. Miller, Information Services Division, transmission lines or other facilities hydroelectric project. It is used by the ED–12.4, 888 First Street N.E., necessary for development and Commission’s staff to determine the Washington, D.C. 20426. improvement of navigation and for the qualifications of the proposed transferee FOR FURTHER INFORMATION CONTACT: development, transmission, and to hold the license, and to prepare the Michael P. Miller may be reached by utilization of power from bodies of transfer of the license order. The telephone at (202) 208–1415, by fax at water Congress has jurisdiction over. Commission implements these filing (202) 273–0873, and by e-mail at Section 8 of the FPA provides that the requirements in the Code of Federal [email protected]. voluntary transfer of any license can Regulations (CFR) under 18 CFR Part 9. SUPPLEMENTARY INFORMATION: The only be made with the written approval Action: The Commission is requesting information collected under the of the Commission. Any successor to the a three-year extension of the current requirements of FERC–511 ‘‘Application licensee may assign the rights of the expiration date, with no changes to the for Trasnfer of License’’ (OMB No. original licensee but is subject to all of existing collection of data. 1902–0069) is used by the Commission the conditions of the license. The Burden Statement: Public reporting to implement the statutory provisions of information filed with the Commission burden for this collection is estimated Part I, Sections 4(e) and 8 of the Federal is a mandatory requirement contained as:

Number of Average bur- Number of responses den Total annual respondents per respond- hours per re- burden hours annually ent sponse (1) × (2) × (3) (1) (2) (3)

23 ...... 1 40 920

Estimated cost burden to respondents: is necessary for the proper performance ACTION: Notice of proposed information 920 hours / 2,087 hours per year × of the functions of the Commission, collection and request for comments. $110,000 per year = $48,491. The cost including whether the information will SUMMARY: per respondent is equal to $2,108. have practical utility; (2) the accuracy of In compliance with the The reporting burden includes the the agency’s estimate of the burden of requirements of Section 3506(c)(2)(a) of the Paperwork Reduction Act of 1995 total time, effort, or financial resources the proposed collection of information, (Pub. L. No. 104–13), the Federal Energy expended to generate, maintain, retain, including the validity of the Regulatory Commission (Commission) is disclose, or provide the information methodology and assumptions used; (3) soliciting public comment on the including: (1) Reviewing instructions; ways to enhance the quality, utility and (2) developing, acquiring, installing, and specific aspects of the information clarity of the information to be collection described below. utilizing technology and systems for the collected; and (4) ways to minimize the DATES: Comments are due October 20, purposes of collecting, validating, burden of the collection of information 1997. verifying, processing, maintaining, on those who are to respond, including disclosing and providing information; the use of appropriate automated, ADDRESSES: Copies of the proposed (3) adjusting the existing ways to electronic, mechanical, or other collection of information can be comply with any previously applicable technological collection techniques or obtained from and written comments instructions and requirements; (4) other forms of information technology may be submitted to the Federal Energy training personnel to respond to a e.g. permitting electronic submission of Regulatory Commission, Attn: Michael Miller, Information Services Division, collection of information; (5) searching responses. ED–12.4, 888 First Street, NE., data sources; (6) completing and Linwood A. Watson, Jr., reviewing the collection of information; Washington, DC 20426. and (7) transmitting, or otherwise Acting Secretary. FOR FURTHER INFORMATION CONTACT: disclosing the information. [FR Doc. 97–22201 Filed 8–20–97; 8:45 am] Michael Miller may be reached by The estimate of cost for respondents BILLING CODE 6717±01±M telephone at (202) 208–1415, by fax at is based upon salaries for professional (202) 273–0873, and by e-mail at and clerical support, as well as direct [email protected]. and indirect overhead costs. Direct costs DEPARTMENT OF ENERGY SUPPLEMENTARY INFORMATION: The include all costs directly attributable to information collected under the providing this information, such as Federal Energy Regulatory requirements of FERC–515 administrative costs and the cost for Commission ‘‘Hydropower License—Declaration of information technology. Indirect or Intention’’ (OMB No. 1902–0079) is overhead costs are costs incurred by an [FERC±515] used by the Commission to implement organization in support of its mission. the statutory provisions of Part I, These costs apply to activities which Proposed Information Collection and Section 23(b) of the Federal Power Act benefit the whole organization rather Request for Comments (FPA) 16 U.S.C. 817). This statutory than any one particular function or provision requires the Commission to activity. August 15, 1997. make a determination as to its Comments are invited on: (1) Whether AGENCY: Federal Energy Regulatory jurisdiction over a proposed the proposed collection of information Commission, DOE. hydroelectric project. The information 44464 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices to be submitted to the Commission is a interstate commerce. The information Federal Regulations (CFR) under 18 CFR mandatory requirement in the format of collected is used by the Commission’s Part 24.1. a written declaration of intention to staff to research the jurisdictional Action: The Commission is requesting develop a project at sites where aspects. This research consists of a three-year extension of the current Commission jurisdiction may be in examining maps and land ownership expiration date, with no changes to the question. These sites are generally on records to establish whether there is existing collection of data. streams other than those defined as U.S. Federal jurisdiction over the lands and navigation waters, and over which waters affected by the proposed project. Burden Statement: Public reporting Congress has jurisdiction under its The Commission implements these burden for this collection is estimated authority to regulate foreign and filing requirements in the Code of as:

Number of Number of Average burden Total annual respondents responses per hours per burden hours annually respondent response × × (1) (2) (3) (1) (2) (3)

10 1 80 800

Estimated cost burden to respondents: burden of the collection of information (202) 273–0873, and by e-mail at 800 hours/2,087 hours per year × on those who are to respond, including [email protected]. $110,000 per year = $42,166. The cost the use of appropriate automated, SUPPLEMENTARY INFORMATION: The per respondent is equal to $4,217. electronic, mechanical, or other information collected under the The reporting burden includes the technological collection techniques or requirements of FERC–577 ‘‘Gas total time, effort, or financial resources other forms of information technology Pipeline Certificates: Environmental expended to generate, maintain, retain, e.g. permitting electronic submission of Impact Statement’’ (OMB No. 1902– disclose, or provide the information responses. 0128) is a filing requirement pertaining including: (1) Reviewing instructions; Linwood A. Watson, Jr., to environmental assessment of pipeline (2) developing, acquiring, installing, and Acting Secretary. and Liquefied Natural Gas (LNG) facility utilizing technology and systems for the [FR Doc. 97–22202 Filed 8–20–97; 8:45 am] construction projects. The filing collects purposes of collecting, validating, BILLING CODE 6717±01±M data from all Natural Gas Act (NGA) verifying, processing, maintaining, jurisdictional pipeline companies as disclosing and providing information; well as companies whose Natural Gas (3) adjusting the existing ways to DEPARTMENT OF ENERGY Policy Act projects are reviewed by the comply with any previously applicable Commission. The Commission instructions and requirements; (4) Federal Energy Regulatory implements these filing requirements in training personnel to respond to a Commission the Code of Federal Regulations (CFR) under 18 CFR Parts 2; 157; 284; 375 and collection of information; (5) searching [FERC±577] data sources; (6) completing and 380. The information collected under reviewing the collection of information; Proposed Information Collection and the requirements of FERC–577 is used and (7) transmitting, or otherwise Request for Comments by the Commission to implement the disclosing the information. statutory provisions of Section 102(2)(C) The estimate of cost for respondents August 15, 1997. of the National Environmental Policy is based upon salaries for professional AGENCY: Federal Energy Regulatory Act of 1969 (NEPA) (Pub. L. 91–190) and clerical support, as well as direct Commission. (1969). NEPA requires that all Federal and indirect overhead costs. Direct costs ACTION: Notice of proposed information agencies must include in every include all costs directly attributable to collection and request for comments. recommendation or report on proposals providing this information, such as for legislation and other major Federal administrative costs and the cost for SUMMARY: In compliance with the actions significantly affecting the information technology. Indirect or requirements of Section 3506(c)(2)(a) of quality of human environment, a detail overhead costs are costs incurred by an the Paperwork Reduction Act of 1995 statement on: the environmental impact organization in support of its mission. (Pub. L. 104–13), the Federal Energy of the proposed actions; any adverse These costs apply to activities which Regulatory Commission (Commission) is environmental effects which cannot be benefit the whole organization rather soliciting public comment on the avoided should the proposal be than any one particular function or specific aspects of the information implemented; alternatives to the activity. collection described below. proposed action; the relationship Comments are invited on: (1) Whether DATES: Comments are due October 20, between local short-term uses of man’s the proposed collection of information 1997. environment and the maintenance and is necessary for the proper performance ADDRESSES: Copies of the proposed enhancement of long term productivity; of the functions of the Commission, collection of information can be and any irreversible and irretrievable including whether the information will obtained from and written comments commitment of resources which would have practical utility; (2) the accuracy of may be submitted to the Federal Energy be involved in the proposed action the agency’s estimate of the burden of Regulatory Commission, Attn: Michael should it be implemented. The the proposed collection of information, Miller, Information Services Division, Commission uses the pipeline’s data to including the validity of the ED–12.4, 888 First Street NE., evaluate the environmental aspects of methodology and assumptions used; (3) Washington, DC 20426. construction proposals and may be used ways to enhance the quality, utility and FOR FURTHER INFORMATION CONTACT: in the Commission staff’s independent clarity of the information to be Michael Miller may be reached by preparation of Environmental collected; and (4) ways to minimize the telephone at (202) 208–1415, by fax at Assessments or Environmental Impact Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44465

Statements. The staff examines and resources and pipeline and liquefied Burden Statement: Public reporting projects potential effects on soils, natural gas (LNG) safety. burden for this collection is estimated geology, water resources, land use, Action: The Commission is requesting as: recreation, aesthetics, air and noise a three-year extension of the current quality, vegetation, wildlife, cultural expiration date.

Number of Number of Average burden Total annual respondents responses per hours per burden hours annually respondent response × × (1) (2) (3) (1) (2) (3)

70 16.9 154 182,182

Estimated cost burden to respondents: technological collection techniques or Regulations. Protests will be considered 182,182 hours divided by 2,087 hours other forms of information technology by the Commission in determining the per year times $110,000 per year equals e.g. permitting electronic submission of appropriate action to be taken, but will $9,602,310. The cost per respondent is responses. not serve to make the protestants parties equal to $137,176. Linwood A. Watson, Jr., to the proceeding. Copies of this filing The reporting burden includes the Acting Secretary. are on file with the Commission and are total time, effort, or financial resources [FR Doc. 97–22204 Filed 8–20–97; 8:45 am] available for public inspection. expended to generate, maintain, retain, BILLING CODE 6717±01±M Linwood A. Watson, Jr., disclose, or provide the information including: (1) Reviewing instructions; Acting Secretary. [FR Doc. 97–22214 Filed 8–20–97; 8:45 am] (2) developing, acquiring, installing, and DEPARTMENT OF ENERGY utilizing technology and systems for the BILLING CODE 6717±01±M purposes of collecting, validating, Federal Energy Regulatory verifying, processing, maintaining, Commission disclosing and providing information; DEPARTMENT OF ENERGY [Docket No. RP97±139±006] (3) adjusting the existing ways to comply with any previously applicable Federal Energy Regulatory Caprock Pipeline Company; Notice of Commission instructions and requirements; (4) Tariff Filing training personnel to respond to a collection of information; (5) searching August 15, 1997. [Project No. 1417; Project No. 1835] data sources; (6) completing and Take notice that on August 12, 1997, reviewing the collection of information; Caprock Pipeline Company (Caprock), Central Nebraska Public Power and and (7) transmitting, or otherwise tendered for filing the following revised Irrigation District; Nebraska Public disclosing the information. sheets, to be effective June 1, 1997: Power District; Notice of Informal The estimate of cost for respondents First Revised Volume No. 1 Settlement Conference is based upon salaries for professional Second Revised Sheet No. 37 August 15, 1997. and clerical support, as well as direct First Revised Sheet No. 38 and indirect overhead costs. Direct costs In addition, Caprock tendered for An informal settlement conference include all costs directly attributable to filing the following revised tariff sheets, will be convened on Tuesday and providing this information, such as to be effective August 1, 1997: Wednesday, September 23 and 24, 1997, administrative costs and the cost for at 10:00 a.m., at the offices of the First Revised Volume No. 1 information technology. Indirect or Federal Energy Regulatory Commission, overhead costs are costs incurred by an Second Revised Sheet No. 29A Substitute Second Revised Sheet No. 29A 888 First Street, N.E., Washington, DC, organization in support of its mission. 20426. Subsequent meetings will be These costs apply to activities which Caprock states that these tariff sheets scheduled as necessary. The purpose of benefit the whole organization rather are being filed to comply with the these off-the-record meetings is to than any one particular function or Commission’s order in Docket Nos. explore which issues remain contested activity. RP97–139–003, 004 and 005 issued July and to work toward achieving Comments are invited on: (1) Whether 29, 1997, directing Caprock to submit the proposed collection of information revised pagination for tariff sheets settlement on any contested issues. is necessary for the proper performance related to Order No. 587. Discussion will cover any proposals for of the functions of the Commission, Caprock states that copies of the filing settlement that may be presented. Any including whether the information will were served upon Caprock’s person appearing at the conference in a have practical utility; (2) the accuracy of jurisdictional customers, interested representative capacity must be the agency’s estimate of the burden of public bodies, and all parties to the authorized to negotiate and, to the the proposed collection of information, proceedings. extent authorized by law, settle matters including the validity of the Any person desiring to protest said addressed at the conference. methodology and assumptions used; (3) filing should file a protest with the Any party, as defined by 18 CFR ways to enhance the quality, utility and Federal Energy Regulatory Commission, 385.102(c), is invited to send a clarity of the information to be 888 First Street, NE, Washington, DC representative to the conference. Any collected; and (4) ways to minimize the 20426, in accordance with Section party wishing to make a presentation or burden of the collection of information 385.211 of the Commission’s Rules of needing additional information should on those who are to respond, including Practice and Procedure. All such contact Merrill F. Hathaway at (202) the use of appropriate automated, protests must be filed as provided in 208–0825, or John A. Schnagl at (202) electronic, mechanical, or other Section 154.210 of the Commission’s 44466 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

219–2661. Initial presentations will be are on file with the Commission and are First Street, NE., Washington, DC 20426 limited to 10 minutes duration. available for public inspection. in accordance with Rules 211 and 214 Linwood A. Watson, Jr., Linwood A. Watson, Jr., of the Commission’s Rules of Practice Acting Secretary. Acting Secretary. and Procedure (18 CFR 385.211 and 18 [FR Doc. 97–22217 Filed 8–20–97; 8:45 am] CFR 385.214). All such motions or [FR Doc. 97–22213 Filed 8–20–97; 8:45 am] protests should be filed on or before BILLING CODE 6717±01±M BILLING CODE 6717±01±M August 27, 1997. Protests will be considered by the Commission in DEPARTMENT OF ENERGY determining the appropriate action to be DEPARTMENT OF ENERGY taken, but will not serve to make Federal Energy Regulatory protestants parties to the proceeding. Federal Energy Regulatory Commission Any person wishing to become a party Commission must file a motion to intervene. Copies [Docket No. ER97±2970±000] of this filing are on file with the [Docket No. RP97±412±001] Consolidated Edison Company of New Commission and are available for public York; Notice of Filing inspection. CNG Transmission Corporation; Notice Linwood A. Watson, Jr., of Proposed Changes in FERC Gas August 15, 1997. Acting Secretary. Tariff Take notice that on July 11, 1997, [FR Doc. 97–22212 Filed 8–20–97; 8:45 am] Consolidated Edison Company of New August 15, 1997. BILLING CODE 6717±01±M York tendered for filing an amendment Take notice that on August 6, 1997, in the above-referenced docket. CNG Transmission Corporation (CNG) Any person desiring to be heard or to DEPARTMENT OF ENERGY tendered for filing as part of its FERC protest said filing should file a motion Gas Tariff, Second Revised Volume No. to intervene or protest with the Federal Federal Energy Regulatory 1, the following tariff sheets with an Energy Regulatory Commission, 888 Commission First Street, N.E., Washington, D.C. effective date of August 1, 1997: [Docket No. CP97±690±000] 20426, in accordance with Rules 211 Sub. Twenty-Eighth Revised Sheet No. 32 and 214 of the Commission’s Rules of Sub. Twenty-Eighth Revised Sheet No. 33 Florida Gas Transmission Company; Practice and Procedure (18 CFR 385.211 Notice of Application CNG states that the purpose of this and 18 CFR 385.214). All such motions filing is to comply with the July 22, or protests should be filed on or before August 15, 1997. 1997, letter order in the captioned August 27, 1997. Protests will be Take notice that on August 8, 1997, proceeding, by which the Commission considered by the Commission in Florida Gas Transmission Company accepted CNG’s July 1, 1997, quarterly determining the appropriate action to be (FGT), 1400 Smith Street, Houston, Texas 77002 filed in Docket No. CP97– Section 18.2.B surcharge filing effective taken, but will not serve to make 690–000 an application pursuant to August 1, 1997. The July 22 order protestant parties to the proceedings. Section 7(b) and 7(c) of the Natural Gas specified that CNG’s tariff accepted Any person wishing to become a party must file a motion to intervene. Copies Act for permission and approval for sheets were also subject to concurrent FGT to reroute and/or relocate and Commission action in CNG’s pending of this filing are on file with the Commission and are available for public abandon a portion a 24-inch mainline general rate proceeding in Docket No. located in Calcasieu Parish, Louisiana, RP97–406. The Commission has inspection. Linwood A. Watson, Jr., all as more fully set forth in the suspended the rates in Docket No. application on file with the Commission Acting Secretary. RP97–406, until January 1, 1998. CNG and open to public inspection. proposes substitute Sheet Nos. 32 and [FR Doc. 97–22210 Filed 8–20–97; 8:45 am] Specifically, FGT requests an order be 33 that reflect the updated Section BILLING CODE 6717±01±M issued authorizing one reroute and two 18.2.B surcharge, along with the pre- relocations totaling approximately existing rates that will remain in effect 18,370 feet of 24-inch mainline located DEPARTMENT OF ENERGY during the suspension period in Docket in Calcasieu Parish, Louisiana. FGT No. RP97–406. Federal Energy Regulatory states that the purpose of the reroute CNG states that copies of the filing are Commission and/or relocation is to comply with the being mailed to CNG’s customers and safety requirements of the U.S. [Docket Nos. ER97±3494±000, ER97±3497± interested state commissions. Department of Transportation, which 000, ER97±3498±000, ER97±3500±000, requires heavier wall pipe due to the Any person desiring to protest said ER97±3503±000, ER97±3515±000, and proximity of new residential and filing should file a protest with the ER97±3517±000] commercial construction in the vicinity Federal Energy Regulatory Commission, of FGT’s mainline. FGT proposes to 888 First Street, NE., Washington, DC The Empire District Electric Company; Notice of Filing abandon in place, the three sections of 20426, in accordance with Section 24-inch pipeline that will be taken out 385.211 of the Commission’s Rules of August 15, 1997. of service. FGT estimates the total cost Practice and Procedure. All such Take notice that on July 16, 1997, The of the proposal to be approximately protests must be filed as provided in Empire District Electric Company $3,762,161. Section 154.210 of the Commission’s tendered for filing amendments in the Any person desiring to be heard or to Regulations. Protests will be considered above-referenced dockets. make any protest with reference to said by the Commission in determining the Any person desiring to be heard or to application should on or before appropriate action to be taken, but will protest said filing should file a motion September 5, 1997, file with the Federal not serve to make the protestants parties to intervene or protest with the Federal Energy Regulatory Commission, to the proceeding. Copies of this filing Energy Regulatory Commission, 888 Washington, D.C. 20426, a motion to Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44467 intervene or a protest in accordance First Revised Sheet No. 34A charge assessed Midcoast by the with the requirements of the First Revised Sheet No. 66A Commission. Commission’s Rules of Practice and In addition, Wattenberg submits for Midcoast requests any waiver that Procedure (18 CFR 385.214 or 385.211) filing the following revised tariff sheets, may be required in order to accept and and the Regulations under the Natural to be effective August 1, 1997: approve this filing as submitted. Gas Act (18 CFR 157.10). All protests Midcoast states that copies of the Original Volume No. 1 filed with the Commission will be tariff filing have been served upon the Second Revised Sheet No. 66A Company’s affected customers and considered by it in determining the Substitute Second Revised Sheet No. 66A appropriate action to be taken but will interested public bodies. not serve to make the protestants parties Wattenberg states that these tariff Any person desiring to be heard or to to the proceeding. Any person wishing sheets are being filed to comply with an protest said filing should file a motion to become a party to a proceeding or to OPR Letter Order in Docket Nos. RP97– to intervene or protest with the Federal participate as a party in any hearing 144–003, 004 and 005 issued July 28, Energy Regulatory Commission, 888 therein must file a motion to intervene 1997, directing Wattenberg to submit First Street, NE., Washington, DC 20426, in accordance with the Commission’s revised pagination for tariff sheets in accordance with Sections 385.211 Rules. related to Order No. 587. and 385.214 of the Commission’s Rules Take further notice that, pursuant to Wattenberg states that copies of the of Practice and Procedure. All such the authority contained in and subject to filing were served upon Wattenberg’s motions or protests must be filed in jurisdiction conferred upon the Federal jurisdictional customers, interested accordance with Section 154.210 of the Energy Regulatory Commission by public bodies, and all parties to the Commission’s Regulations. Protests will Sections 7 and 15 of the Natural Gas Act proceedings. be considered by the Commission in and the Commission’s Rules of Practice Any person desiring to protest said determining the appropriate action to be and Procedure, a hearing will be held filing should file a protest with the taken but will not serve to make without further notice before the Federal Energy Regulatory Commission, protestants parties to the proceeding. Commission or its designee on this 888 First Street, NE., Washington, DC Any person wishing to become a party application if no motion to intervene is 20426, in accordance with Section to the proceeding must file a motion to filed within the time required herein, if 385.211 of the Commission’s Rules of intervene. Copies of this filing are on the Commission on its own review of Practice and Procedure. All such file with the Commission and are the matter finds that a grant of the protests must be filed as provided in available for public inspection. certificate is required by the public Section 154.210 of the Commission’s Linwood A. Watson, Jr., convenience and necessity. If a motion Regulations. Protests will be considered Acting Secretary. for leave to intervene is timely filed, or by the Commission in determining the [FR Doc. 97–22218 Filed 8–20–97; 8:45 am] if the Commission on its own motion appropriate action to be taken, but will BILLING CODE 6717±01±M believes that a formal hearing is not serve to make the protestants parties required, further notice of such hearing to the proceeding. Copies of this filing will be duly given. are on file with the Commission and are DEPARTMENT OF ENERGY Under the procedure herein provided available for public inspection. for, unless otherwise advised, it will be Linwood A. Watson, Jr., Federal Energy Regulatory unnecessary for FGT to appear or be Acting Secretary. Commission represented at the hearing. [FR Doc. 97–22216 Filed 8–20–97; 8:45 am] [Docket No. CP97±693±000] Linwood A. Watson, Jr., BILLING CODE 6717±01±M Acting Secretary. Mississippi River Transmission Corporation; Notice of Application [FR Doc. 97–22206 Filed 8–20–97; 8:45 am] DEPARTMENT OF ENERGY BILLING CODE 6717±01±M August 15, 1997. Federal Energy Regulatory Take notice that on August 12, 1997, Commission Mississippi River Transmission DEPARTMENT OF ENERGY Corporation (MRT), 1600 Smith Street, [Docket No. TM98±1±1±000] Federal Energy Regulatory Houston, Texas 77002, filed in Docket No. CP97–693–000 an application Commission Midcoast Interstate Transmission, Inc.; pursuant to Section 7(c) of the Natural Notice of ACA Filing [Docket No. RP97±144±006] Gas Act for authorization to return to August 15, 1997. service for a 3-year period a 93-mile K N Wattenberg Transmission Limited Take notice that on August 12, 1997, segment of its 22-inch Main Line No. 1 Liability Company; Notice of Tariff and facilities appurtenant thereto in Filing Midcoast Interstate Transmission, Inc. (formerly Alabama-Tennessee Natural Missouri and Arkansas, all as more fully August 15, 1997. Gas Company) (Midcoast), tendered for set forth in the application on file with Take notice that on August 12, 1997, filing as part of its FERC Gas Tariff, the Commission and open to public K N Wattenberg Transmission Limited Second Revised Volume No. 1, the inspection. Liability Company (Wattenberg) following tariff sheet with a proposed MRT states that it received tendered for filing the following revised effective date of October 1, 1997: authorization to abandon this mainline tariff sheets, to be effective June 1, 1997: segment in Docket No. CP95–228–000 as Fourteenth Revised Sheet No. 4 part of its multiyear System Original Volume No. 1 Midcoast states that the purpose of Modernization Plan. It is stated that as First Revised Sheet No. 17A this filing is to reflect a $0.0001 per part of MRT’s rate case filing in Docket Second Revised Sheet No. 18 First Revised Sheet No. 18B dekatherm increase in Midcoast’s rates No. RP96–199–000 MRT has agreed to Second Revised Sheet No. 33 under its Annual Charge Adjustment file this request to retain the mainline First Revised Sheet No. 33A (ACA) clause that results from a segment in service for a 3-year period to Second Revised Sheet No. 34 corresponding increase in the annual expire no later than April 30, 2001. It is 44468 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices asserted that retention of the line will unnecessary for MRT to appear or be defined in 18 CFR 385.102(b), is invited make available to MRT’s customers represented at the hearing. to attend. Persons wishing to become a additional capacity of 19,630 MMBtu Linwood A. Watson, Jr., party must move to intervene and equivalent of natural gas per day. It is Acting Secretary. receive intervenor status pursuant to the explained that there are outstanding [FR Doc. 97–22208 Filed 8–20–97; 8:45 am] Commission’s regulations (18 CFR requests in MRT’a firm transportation BILLING CODE 6717±01±M 385.214). queue establishing an unmet demand For additional information, please for additional capacity in MRT’s market contact Sandra J. Delude at 208–0583 or area. DEPARTMENT OF ENERGY Kathleen M. Dias at (202) 208–0524. Linwood A. Watson, Jr., MRT states that it has determined this Federal Energy Regulatory Acting Secretary. proposal to be the most economical, Commission efficient and timely alternative to [FR Doc. 97–22203 Filed 8–20–97; 8:45 am] providing the additional capacity [Docket No. ER97±3329±000] BILLING CODE 6717±01±M required. It is asserted that the segment NEPOOL Executive Committee; Notice has remained in an operational ready of Filing DEPARTMENT OF ENERGY state. It is further asserted that returning the segment to service would have no August 15, 1997. Federal Energy Regulatory rate impact on MRT’s existing Take notice that on July 23, 1997, The Commission customers, and that all costs would be NEPOOL Executive Committee tendered [Docket No CP97±691±000] absorbed by MRT during the limited for filing an amendment in the above- period. MRT estimates that it will spend referenced docket. Southern Natural Gas Company; $2.1 million to operate the segment over Any person desiring to be heard or to Notice of Application the 3-year period. protest said filing should file a motion to intervene or protest with the Federal August 15, 1997. Any person desiring to be heard or to Energy Regulatory Commission, 888 Take notice that on August 8, 1997, make any protest with reference to said First Street, NE., Washington, DC 20426 Southern Natural Gas Company application should on or before August in accordance with Rules 211 and 214 (Southern), P.O. Box 2563, Birmingham, 25, 1997, file with the Federal Energy of the Commission’s Rules of Practice Alabama 35202–2563, filed in Docket Regulatory Commission, Washington, and Procedure (18 CFR 385.211 and 18 No. CP97–691–000 an application, D.C. 20426, a motion to intervene or a CFR 385.214). All such motions or pursuant to Section 7(c) of the Natural protest in accordance with the protests should be filed on or before Gas Act, for a certificate of public requirements of the Commission’s Rules August 26, 1997. Protests will be convenience and necessity authorizing of Practice and Procedure (18 CFR considered by the Commission in it to construct and operate mainline 385.214 or 385.211) and the Regulations determining the appropriate action to be looping and measurement facilities, all under the Natural Gas Act (18 CFR taken, but will not serve to make as more fully set forth in the application 157.10). All protests filed with the protestants parties to the proceeding. which is on file with the Commission Commission will be considered by it in Any person wishing to become a party and open to public inspection. determining the appropriate action to be must file a motion to intervene. Copies Southern states that it has executed taken but will not serve to make the of this filing are on file with the contracts with three shippers, Alabama protestants parties to the proceeding. Commission and are available for public Power Company, Kimberly Clark Any person wishing to become a party inspection. Corporation, and Interconn Resources, to a proceeding or to participate as a Linwood A. Watson, Jr., Inc., to provide new firm transportation party in any hearing therein must file a Acting Secretary. services under Southern’s Rate motion to intervene in accordance with Schedule FT. It is indicated that the [FR Doc. 97–22211 Filed 8–20–97; 8:45 am] the Commission’s Rules. shippers have subscribed a total of BILLING CODE 6717±01±M Take further notice that, pursuant to 34,125 Mcf per day (Mcfd) of new FT the authority contained in and subject to service. the jurisdiction conferred upon the DEPARTMENT OF ENERGY To provide capacity to render the Federal Energy Regulatory Commission additional FT services, Southern by Sections 7 and 15 of the Natural Gas Federal Energy Regulatory proposes to construct and operate 3.3 Act and the Commission’s Rules of Commission miles of 30-inch pipeline loop extending from Mile Post 180.356 to Practice and Procedure, a hearing will [Docket No. RP97±301±000] Mile Post 183.659 on the South Main be held without further notice before the 3rd loop line in Dallas County, Commission or its designee on this Overthrust Pipeline Company; Notice Alabama. In addition, Southern application if no motion to intervene is of Informal Settlement Conference proposes to install a meter station at filed within the time required herein, if August 18, 1997. Mile Post 208.498 which would consist the Commission on its own review of Take notice that the informal of two 6-inch meter runs and the matter finds that a grant of the settlement conference will be convened appurtenant facilities. Southern certificate is required by the public in this proceeding on Wednesday, proposes to place the facilities in service convenience and necessity. If a motion August 27, 1997, at 10:00 a.m., at the by November 1, 1998. Southern for leave to intervene is timely filed, or offices of the Federal Energy Regulatory estimates that the project would cost if the Commission on its own motion Commission, 888 First Street, N.E., $4,191,300, which would be financed, believes that a formal hearing is Washington, D.C. 20426, for the purpose initially, through short-term instruments required, further notice of such hearing of exploring a possible settlement of the and cash available from operations. will be duly given. above-referenced proceeding. In addition to the basic project cost, Under the procedure herein provided Any party, as defined by 18 CFR Southern states that it has agreed to for, unless otherwise advised, it will be 385.102(c), or any participant, as make a Contribution in Aid of Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44469

Construction to Alabama Gas list, will receive copies of and 214 of the Commission’s Rules of Corporation (Alagasco) to cover the cost environmental documents and will be Practice and Procedure (18 CFR 385.211 of construction of certain facilities able to participate in meetings and 18 CFR 385.214). All such motions necessary for Alagasco to provide a associated with the Commission’s or protests should be filed on or before distribution service to Alabama Power environmental review process. August 27, 1997. Protests will be Corporation for the volumes transported Commenters will not be required to considered by the Commission in on Southern’s system. Southern states serve copies of filed documents on all determining the appropriate action to be that the cost of Alagasco facilities is other parties. However, commenters taken, but will not serve to make estimated at $3,000,000. Southern will not receive copies of all documents protestants parties to the proceedings. explains that its cost of service filed by other parties or issued by the Any person wishing to become a party calculations reflect the Alagasco Commission and will not have the right must file a motion to intervene. Copies contribution. to seek rehearing or appeal the of this filing are on file with the Southern requests that the Commission’s final order to a federal Commission and are available for public Commission issue a predetermination court. inspection. that rolled-in rates are appropriate for The Commission will consider all Linwood A. Watson, Jr., the proposed facilities. Southern asserts comments and concerns equally, Acting Secretary. that the facilities will be physically and whether filed by commenters or those operationally integrated with Southern’s requesting intervenor status. [FR Doc. 97–22209 Filed 8–20–97; 8:45 am] existing facilities and will be used for Take further notice that, pursuant to BILLING CODE 6717±01±M the benefit of all customers on the the authority contained in and subject to system. Specifically, Southern notes the jurisdiction conferred upon the DEPARTMENT OF ENERGY revenues generated by the project will Federal Energy Regulatory Commission exceed expenses and that the loop will by Sections 7 and 15 of the Natural Gas Federal Energy Regulatory enhance system reliability downstream Act and the Commission’s Rules of Commission of the Selma Compressor Station. Practice and Procedure, a hearing will Any person desiring to participate in be held without further notice before the [Docket No. RP97±143±006] the hearing process or to make any Commission or its designee on this protest with reference to said application if no motion to intervene is TCP Gathering Co.; Notice of Tariff application should on or before filed within the time required herein, if Filing September 5, 1997, file with the Federal the Commission on its own review of August 16, 1997. Energy Regulatory Commission, the matter finds that a grant of the Take notice that on August 12, 1997, Washington, D.C. 20426, a motion to certificate is required by the public TCP Gathering Co. (TCP) tendered for intervene or a protest in accordance convenience and necessity. If a motion filing as part of its FERC Gas Tariff, the with the requirements of the for leave to intervene is timely filed, or following revised tariff sheets, to be Commission’s Rules of Practice and if the Commission on its own motion effective June 1, 1997: Procedure (18 CFR 385.214 or 385.211) believes that a formal hearing is and the Regulations under the Natural required, further notice of such hearing Original Volume No. 1 Gas Act (18 CFR 157.10). All protests Second Revised Sheet No. 18 will be duly given. First Revised Sheet No. 18A filed with the Commission will be Under the procedure herein provided Second Revised Sheet No. 46 considered by it in determining the for, unless otherwise advised, it will be Second Revised Sheet No. 47 appropriate action to be taken but will unnecessary for Southern to appear or First Revised Sheet No. 47A not serve to make the protestants parties be represented at the hearing. Second Revised Sheet No. 103 to the proceeding. Any person wishing Linwood A. Watson, Jr., In addition, TCP submits for filing as to become a party to a proceeding or to Acting Secretary. part of its FERC Gas Tariff, the following participate as a party in any hearing [FR Doc. 97–22207 Filed 8–20–97; 8:45 am] revised tariff sheets to be effective therein must file a motion to intervene BILLING CODE 6717±01±M August 1, 1997: in accordance with the Commission’s Rules. Original Volume 1 Third Revised Sheet No. 103 A person obtaining intervenor status DEPARTMENT OF ENERGY will be placed on the service list Substitute Third Revised Sheet No. 103 maintained by the Secretary of the Federal Energy Regulatory TCP states that these tariff sheets are Commission and will receive copies of Commission being filed to comply with an OPR all documents filed by the applicant and Letter Order in Docket Nos. RP97–143– [Docket No. ER97±2757±000] by every one of the intervenors. An 003, 004 and 005 issued July 28, 1997, intervenor can file for rehearing of any Southwestern Public Service directing TCP to submit revised Commission order and can petition for Company; Notice of Filing pagination for tariff sheets related to court review of any such order. Order No. 587. However, an intervenor must submit August 15, 1997. TCP states that copies of the filing copies of comments or any other filing Take notice that on July 22, 1997, were served upon TCP’s jurisdictional it makes with the Commission to every Southwestern Public Service Company customers, interested public bodies, and other intervenor in the proceeding, as tendered for filing an amended quarterly all parties to the proceedings. well as 14 copies with the Commission. report for the period January 1, 1997 Any person desiring to protest said A person does not have to intervene, through March 31, 1997. filing should file a protest with the however, in order to have comments Any person desiring to be heard or to Federal Energy Regulatory Commission, considered. A person, instead, may protest said filing should file a motion 888 First Street, NE., Washington, DC submit two copies of comments to the to intervene or protest with the Federal 20426, in accordance with Section Secretary of the Commission. Energy Regulatory Commission, 888 385.211 of the Commission’s Rules of Commenters will be placed on the First Street, N.W., Washington, D.C. Practice and Procedure. All such Commission’s environmental mailing 20426, in accordance with Rules 211 protests must be filed as provided in 44470 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

Section 154.210 of the Commission’s b. Install two NEMA-rated 7,400 First St., N.E., Room 1A, Washington, Regulations. Protests will be considered horsepower (hp) compressor unit D.C. 20426; by the Commission in determining the additions, one unit apiece and • Label one copy of the comments for appropriate action to be taken, but will appurtenant facilities at the existing St. the attention of the Environmental not serve to make the protestants parties Vincent Compressor Station in Kittson Review and Compliance Branch, PR– to the proceeding. Copies of this filing County, Minnesota and at the existing 11.2 are on file with the Commission and are Farwell Compressor Station in Clare • Reference Docket No. CP96–647– available for public inspection. County, Michigan; 000; and Linwood A. Watson, Jr., c. Replacement of an existing • Mail your comments so that they Acting Secretary. aerodynamic assembly at the Thief will be received in Washington, DC on [FR Doc. 97–22215 Filed 8–20–97; 8:45 am] River Falls Compressor Station in or before September 15, 1997. Marshall County, Minnesota; and BILLING CODE 6717±01±M Comments will be considered by the d. Construction of minor permanent Commission but will not serve to make aboveground ancillary facilities; the commentor a party to the • DEPARTMENT OF ENERGY Three crossover assemblies at the proceeding. Any person seeking to new loop ends at MPs 22.7, 159.2, and become a party to the proceeding must Federal Energy Regulatory 306.3 in Kittson and Hubbard Counties, file a motion to intervene pursuant to Commission Minnesota, and Douglas County, Rule 214 of the Commission’s Rules of Wisconsin, respectively; Practice and Procedures (18 CFR • [Docket No. CP96±647±000] Expansion of five existing mainline 385.214). valve sites at MPs 0.7 and 16.3 in The date for filing timely motions to Great Lakes Gas Transmission Limited Kittson County, Minnesota; MPs 150.0 intervene in this proceeding has passed. Partnership; Notice of Availability of an and 283.5 in Beltrami and Carlton Therefore, parties now seeking to file Environmental Assessment for the Counties, Minnesota, respectively; and late interventions must show good Proposed 1998 Expansion Project MP 299.3 in Douglas County, cause, as required by Section Wisconsin; and 385.214(b)(3), why this time limitation August 15, 1997. • Removal of the existing end-of-loop should be waived. Environmental issues The staff of the Federal Energy valve and crossover assembly at MP Regulatory Commission (FERC or have been viewed as good cause for late 132.5 in Clearwater County, Minnesota. intervention. You do not need Commission) has prepared an The purpose of the proposed facilities environmental assessment (EA) on the intervenor status to have your would be to provide an additional firm comments considered. natural gas pipeline facilities proposed transportation service of 126,000 Linwood A. Watson, Jr., by Great Lakes Gas Transmission thousand cubic feet per day of gas Limited Partnership in the above- between Emerson, Minnesota, and St. Actng Secretary. referenced docket. Clair, Michigan to serve its existing [FR Doc. 97–22205 Filed 8–20–97; 8:45 am] The EA was prepared to satisfy the shippers and to provide increased BILLING CODE 6717±01±M requirements of the National system reliability and lower Environmental Policy Act. The staff maintenance costs. DEPARTMENT OF ENERGY concludes that approval of the proposed The EA has been placed in the public project, with appropriate mitigating files of the FERC. A limited number of measures, would not constitute a major Notice of Cases Filed With the Office copies of the EA are available for of Hearings and Appeals Federal action significantly affecting the distribution and public inspection at: quality of the human environment. Federal Energy Regulatory Commission, Week of July 21 Through July 25, 1997 The EA assesses the potential Public Reference and Files Maintenance environmental effects of the During the Week of July 21 through Branch, 888 First Street, N.E., Room 2A, July 25, 1997, the appeals, applications, construction and operation of the Washington, DC 20426, (202) 208–1371. proposed natural gas transmission petitions or other requests listed in this Copies of the EA have been mailed to Notice were filed with the Office of facilities including: Federal, State and local agencies, public a. Three 36-inch-diameter loops Hearings and Appeals of the Department interest groups, interested individuals, of Energy. totaling about 71.5 miles of pipeline: newspapers, and parties to this Any person who will be aggrieved by • Loop 1—about 22.0 miles long, proceeding. the DOE action sought in any of these extending from the existing St. Vincent Any person wishing to comment on cases may file written comments on the Compressor Station at milepost (MP) 0.7 the EA may do so. To ensure application within ten days of to MP 22.7 in Kittson County, consideration prior to a Commission publication of this Notice or the date of Minnesota; decision on the proposal, it is important receipt of actual notice, whichever • Loop 2—about 26.7 miles long, that we receive your comments before occurs first. All such comments shall be extending from MP 132.5 to MP 159.2 the date specified below. Please filed with the Office of Hearings and in Clearwater, Beltrami, and Hubbard carefully follow these instructions to Appeals, Department of Energy, Counties, Minnesota; and ensure that your comments are received Washington, DC 20585–0107. • Loop 3—about 22.8 miles long, in time and properly recorded: extending from MP 283.5 to MP 306.3 • Send two copies of your comments Dated: August 14, 1997. in Carlton County, Minnesota and to: Lois Cashell, Secretary, Federal George B. Breznay, Douglas County, Wisconsin. Energy Regulatory Commission, 888 Director, Office of Hearings and Appeals. Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44471

LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALS [Week of July 21 through July 25, 1997]

Date Name and location of applicant Case No. Type of submission

7/21/97 ...... Egan & Associates, P.C. Washington, VFA±0318 Appeal of an Information Request Denial. If Granted: The July 9, 1997 DC. Freedom of Information Act Request Denial issued by the Office of Exec- utive Secretariat would be rescinded, and Egan & Associates, P.C. would receive access to all documentation submitted to or sent by any Depart- ment of Energy Headquarters office pertaining to Envirocare of Utah, Inc., or Waste Control Specialists LLC of Pasenda, Texas. 7/21/97 ...... Los Alamos Study Group, Santa Fe, VFA±0316 Appeal of an Information Request Denial. If Granted: The June 16, 1997 New Mexico. Freedom of Information Act Request Denial issued by the Albuquerque Field Office would be rescinded, and Los Alamos Study Group would re- ceive access to lists of all Los Alamos National Laboratory's contractors, consultants, associates, and fellows for the calendar year l996 and the amount paid to them. 7/21/97 ...... Ralph C. Elkins, Sugar Grove, Ohio .. VFA±0317 Appeal of an Information Request Denial. If Granted: The June 27, 1997 Privacy Act Request Denial issued by the Office of Executive Secretariat would be rescinded, and Ralph C. Elkins would receive access to all of his records. 7/22/97 ...... Willard Oil Company, Inc., VEE±0047 Exception to the Reporting Requirements. If Granted: Willard Oil Company, Spartanburg, SC. Inc. would not be required to file Form EIA±782B ``Resellers'/Retailers' Monthly Petroleum Product Sales Report.'' 7/21/97 ...... William H. Payne, Albuquerque, NM .. VFA±0315 Appeal of an Information Request Denial. If Granted: The June 23, 1997 Privacy Act Request Denial issued by the Office of Executive Secretariat would be rescinded, and a privacy record would be amended. 7/24/97 ...... National Security Archive, Washing- VFA±0319 Appeal of an Information Request Denial. If Granted: The June 2, 1997, ton, DC. Freedom of Information Act Request Denial issued by the Department of Defense would be rescinded, and National Security Archive would receive access to information withheld from ``MIRV: A Brief History of Minuteman and Multiple Re-entry Vehicles,'' dated February 1976. 7/25/97 ...... Personnel Security Hearing ...... VSO±0167 Personnel Security Hearing. If Granted: An individual employed by the De- partment of Energy would receive a hearing under 10 C.F.R. part 710. 7/25/97 ...... Personnel Security Hearing ...... VSO±0168 Personnel Security Hearing. If Granted: An individual employed by the De- partment of Energy would receive a hearing under 10 C.F.R. part 710. 7/25/97 ...... Personnel Security Hearing ...... VSO±0169 Personnel Security Hearing. If Granted: An individual employed by the De- partment of Energy would receive a hearing under 10 C.F.R. part 710.

[FR Doc. 97–22188 Filed 8–20–97; 8:45 am] applications, petitions or other requests filed with the Office of Hearings and BILLING CODE 6450±01±P listed in this Notice were filed with the Appeals, Department of Energy, Office of Hearings and Appeals of the Washington, DC 20585–0107. Department of Energy. DEPARTMENT OF ENERGY Dated: August 14, 1997. Any person who will be aggrieved by George B. Breznay, Notice of Cases Filed With the Office the DOE action sought in any of these Director, Office of Hearings and Appeals. of Hearings and Appeals cases may file written comments on the application within ten days of Week of July 28 through August 1, 1997 publication of this Notice or the date of During the Week of July 28 through receipt of actual notice, whichever August 1, 1997, the appeals, occurs first. All such comments shall be

LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALS [Week of July 28 Through August 1, 1997]

Date Name and location of applicant Case No. Type of Submission

7/29/97 ...... Citizen Action, Washington, DC ...... VFA±0320 Appeal of an Information Request Denial. If Granted: Citizen Action would receive a determination regarding its Freedom of Information Request and access to certain DOE information. 7/30/97 ...... Curry Contracting Co., Inc., College VFA±0321 Appeal of an Information Request Denial. If Granted: The June 30, 1997 Park, Georgia. Freedom of Information Request Denial issued by the Oak Ridge Oper- ations Office would be rescinded, and Curry Contracting Co., Inc. would receive access to (1) copies of OSHA Reports filed against the Depart- ment of Energy at the OSTI Building for the past three years; (2) copies of reports on Curry Contracting Co., Inc.; and (3) copies of Award Fee/In- centive Fee contracts for the past three years. 7/30/97 ...... Vessels Gas Processing Co., Denver, VFX±0012 Supplemental Order. If Granted: The volumetric factor in the Vessels Gas Colorado. Processing Co. Special refund proceeding will be changed from $0.0185 to $0.0261. 44472 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALSÐContinued [Week of July 28 Through August 1, 1997]

Date Name and location of applicant Case No. Type of Submission

7/31/97 ...... Personnel Security Review ...... VSA±0132 Request for Review of Opinion under 10 C.F.R. part 710. If Granted: The June 10, 1997 Opinion of the Office of Hearings and Appeals, Case No. VSO±0132, would be reviewed at the request of an individual employed by the Department of Energy. 8/1/97 ...... Burlin McKinney, Oliver Springs, Ten- VFA±0322 Appeal of an Information Request Denial. If Granted: The July 23, 1997 nessee. Freedom of Information Request Denial issued by Oak Ridge Operations Office would be rescinded, and Burlin McKinney would receive access to certain DOE information.

[FR Doc. 97–22189 Filed 8–20–97; 8:45 am] Dated: August 14, 1997. pursuant to the FOIA. The documents BILLING CODE 6450±01±P George B. Breznay, pertained to the transportation of spent Director, Office of Hearings and Appeals. nuclear fuel from foreign sources across the northern part of Nevada. After DECISION LIST NO. 43 DEPARTMENT OF ENERGY reviewing the search that was Appeals conducted, the DOE determined that Office of Hearings and Appeals Barton J. Bernstein, 7/21/97, VFA–0117 additional responsive documents may exist which were not provided to NIEC. Notice of Issuance of Decisions and Barton J. Berstein filed an Appeal Consequently, NIEC’s Appeal was Orders During the Week of July 21 from a denial by the Albuquerque granted. Through July 25, 1997 Operations Office of a request for information that he filed under the Personnel Security Hearing During the week of July 21 through Freedom of Information Act (FOIA). July 25, 1997, the decisions and orders Because the withheld information was Personnel Security Hearing, 7/25/97, summarized below were issued with identified as classified under the VSO–0138 respect to appeals, applications, Atomic Energy Act, the DOE withheld it A Hearing Officer recommended that petitions, or other requests filed with under Exemption 3 of the FOIA. In access authorization be restored to an the Office of Hearings and Appeals of considering the information that was individual whose access was suspended the Department of Energy. The withheld, the DOE determined on when he entered a plea of no contest to following summary also contains a list appeal that the majority of the a charge of having unlawful sexual of submissions that were dismissed by information must continue to be intercourse with a minor. At the the Office of Hearings and Appeals. withheld under Exemption 3. However, hearing, the individual brought forward Copies of the full text of these more precise redaction permitted the testimony from a number of witnesses decisions and orders are available in the DOE to release a portion of the showing that he had not engaged in Public Reference Room of the Office of previously withheld material. sexual intercourse with the underage Hearings and Appeals, Room 1E–234, Accordingly, the Appeal was granted in complainant and had entered a plea of Forrestal Building, 1000 Independence part. no contest to avoid the risks and Avenue, SW, Washington, D.C. 20585– Nevada Indian Environmental burdens of a criminal trial. Coalition, 7/21/97, VFA–0303 0107, Monday through Friday, between Refund Applications the hours of 1:00 p.m. and 5:00 p.m., The Nevada Indian Environmental except federal holidays. They are also Coalition (NIEC) filed an Appeal from a The Office of Hearings and Appeals available in Energy Management: determination issued to it by the issued the following Decisions and Federal Energy Guidelines, a Director of the Office of the Executive Orders concerning refund applications, commercially published loose leaf Secretariat (Director) of the Department which are not summarized. Copies of reporter system. Some decisions and of Energy (DOE). In its Appeal, NIEC the full texts of the Decisions and orders are available on the Office of asserted that the Director failed to Orders are available in the Public Hearings and Appeals World Wide Web conduct an adequate search for Reference Room of the Office of site at http://www.oha.doe.gov. documents, which were requested Hearings and Appeals.

Name Case no. Date

Garuda Indonesia Airways ...... RA272±77 ...... 7/24/97 Gulf Oil Corporation/Cox Brothers et al ...... RF300±13404 ...... 7/24/97 Gulf Oil Corporation/Phillips Gulf Service ...... RF300±20137 ...... 7/22/97 Lembke Construction Co., Inc. et al ...... RK272±04477 ...... 7/25/97 Polish Ocean Lines et al ...... RG272±195 ...... 7/21/97 Robert Defilippis et al ...... RK272±2000 ...... 7/25/97 The Byerlite Company ...... RF272±97060 ...... 7/25/97 West Penn Power Company ...... RG272±633 ...... 7/22/97 Wion Sales and Service ...... RK272±040 ...... 7/24/97 Wion Sales and Service ...... RC272±00365 ......

Dismissals The following submissions were dismissed. Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44473

Name Case No.

Buckeye Village Market, Inc ...... RF272±98782 Dealers Transit, Inc ...... RF272±98679 Linden Butane ...... RF300±18415 Linden Butane ...... RF300±18790 National Applicators, Inc ...... RK272±04463 The Times-News ...... VFA±0305 Wales Transportation, Inc ...... RR272±00296

[FR Doc. 97–22187 Filed 8–20–97; 8:45 am] Vessel: Costa Romantica Cunard Line Limited (d/b/a Majesty BILLING CODE 6450±01±U Cunard Line Limited (d/b/a Majesty Cruise Line), 901 S. America Way, Cruise Line) and Crown Dynasty Inc., Pier 7, Miami, Florida 33132–2073 901 S. America Way, Pier 7, Miami, Vessel: Crown Majesty FEDERAL MARITIME COMMISSION Florida 33132–2073 Glacier Bay Parks Concessions, Inc. and Vessel: Crown Majesty Security for the Protection of the Glacier Bay Marine Services, Inc., 520 Public Financial Responsibility to Meet Cunard Line Limited and Cunard Pike Street, Suite 1400, Seattle, Liability Incurred for Death or Injury to Charter Hire Ltd., 555 Fifth Avenue, Washington 98101 New York, New York 10017 Passengers or Other Persons on Vessel: Wilderness Discoverer Voyages; Notice of Issuance of Vessel: Vistafjord Norwegian Cruise Line Limited (d/b/a Certificate (Casualty) Norweigian Cruise Line Limited (d/b/a Norwegian Cruise Line), Cunard Line Norwegian Cruise Line), 7665 Notice is hereby given that the Limited and Crown Dynasty, Inc., Corporate Center Drive, Miami, following have been issued a Certificate 7665 Corporate Center Drive, Miami, Florida 33126 of Financial Responsibility to Meet Florida 33126 Vessel: Norwegian Dynasty Liability Incurred for Death or Injury to Vessel: Norwegian Dynasty Passengers or Other Persons on Voyages Norwegian Cruise Line Limited (d/b/a Silversea Cruises, Ltd, and CO.I.MAR. pursuant to the provisions of Section 2, Majesty Cruise Line), 901 S. America S.p.A., 110 East Broward Blvd., Fort Pub. L. 89–777 (46 U.S.C. § 817(d)) and Way, Pier 7, Miami, Florida 33132– Lauderdale, Florida 33301 the Federal Maritime Commission’s 2073 Vessels: Silver Cloud and Silver Wind. implementing regulations at 46 C.F.R. Vessel: Royal Majesty. part 540, as amended: Dated: August 18, 1997. Dated: August 18, 1997. American Canadian Caribbean Line, Inc. Joseph C. Polking, Joseph C. Polking, and C.P. Leasing Corp., 461 Water Secretary. Secretary. Street, Warren, Rhode Island 02885 [FR Doc. 97–22175 Filed 8–20–97; 8:45 am] [FR Doc. 97–22174 Filed 8–20–97; 8:45 am] Vessel: Grande Caribe BILLING CODE 6730±01±M BILLING CODE 6730±01±M Celebrity Cruises Inc. and Seabrook Maritime Inc., 5201 Blue Lagoon Drive, Miami, Florida 33126 FEDERAL MARITIME COMMISSION FEDERAL MARITIME COMMISSION Vessel: Mercury Security for the Protection of the Costa Crociere S.p.A. and Prestige Ocean Freight Forwarder License Public Indemnification of Passengers Applicants Cruises N.V., World Trade Center, 80 for Nonperformance of Transportation; S.W. 8th Street, Miami, Florida Notice of Issuance of Certificate Notice is hereby given that the 33130–3097 (Performance) Vessels: Costa Allegra and Costa following applicants have filed with the Victoria Notice is hereby given that the Federal Maritime Commission applications for licenses as ocean freight Costa Crociere S.p.A., Presitge Cruises following have been issued a Certificate forwarders pursuant to section 19 of the N.V. and Italian Cruise Lines S.r.l., of Financial Responsibility for Shipping Act of 1984 (46 U.S.C. app. World Trade Center, 80 S.W. 8th Indemnification of Passengers for 1718 and 46 CFR part 510). Street, Miami, Florida 33130–3097 Nonperformance of Transportation Vessel: Costa Classica pursuant to the provisions of Section 3, Persons knowing of any reason why Costa Crociere S.p.A., Presitge Cruises Pub. L. 89–777 (46 U.S.C. § 817(e)) and any of the following applicants should N.V. and Mediterranean Cruise Lines the Federal Maritime Commission’s not receive a license are requested to S.r.l., World Trade Center, 80 S.W. implementing regulations at 46 CFR part contact the Office of Freight Forwarders, 8th Street, Miami, Florida 33130– 540, as amended: Federal Maritime Commission, 3097 Celebrity Cruises, Inc. and Seabrook Washington, D C 20573. Vessel: Costa Marina Maritime Inc., 5201 Blue Lagoon Worldwide Freight Services, Inc. d/b/a, Costa Crociere S.p.A., Presitge Cruises Drive, Miami, Florida 33126 Worldwide Freight Systems, 5 West N.V. and Family Cruise of Italy S.r.l., Vessel: Mercury 36th Street, Suite 304, New York, NY World Trade Center, 80 S.W. 8th Costa Cruise Lines N.V., Costa Crociere 10018, Office: Capitan Mohammed Street, Miami, Florida 33130–3097 S.p.A. and Prestige Cruises N.V., Tahir, President Vessel: Costa Riviera World Trade Center, 80 S.W. 8th S.A. Maritime International, Inc., 10333 Costa Crociere S.p.A., Presitge Cruises Street, Miami, Florida 33130–3097 Northwest Freeway, Suite 317, N.V. and Interocean Italia S.r.l., World Vessels: Costa Allegra, Costa Classica, Houston, TX 77092–8217, Officers: Trade Center, 80 S.W. 8th Street, Costa Marina, Costa Riviera and Costa Maria L. Flores, President, Ignacio Miami, Florida 33130–3097 Romantica Flores, Vice President 44474 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

Challenge Warehousing, Inc., 1217 S.W. 1. Report title: Report of Terms of North Pearl Street, Dallas, Texas 75201- 1st Avenue, Ft. Lauderdale, FL 33315, Credit Card Plans 2272: Officer: Julie Elder-O’Driscoll, Vice Agency form number: FR 2572 1. Lacy J. Harbor, Denison, Texas; to President OMB Control number: 7100-0239 acquire an additional 89.6 percent, for a Superior Link International Inc., 20547 Effective Date: Reporting period ending total of 100 percent, of the voting shares E. Walnut Drive, Suite B1–G, Walnut, January 31, 1998 of Marble Falls National Bancshares, CA 91789, Officer: Lisa Wong, CEO. Frequency: Semiannually Inc., Marble Falls, Texas, and thereby Worldserv Transport Corporation, 5855 Reporters: Financial institutions indirectly acquire Marble Falls National Naples Plaza, Suite 216, Long Beach, Annual reporting hours: 77 Bank, Marble Falls, Texas. CA 90803, Officers: Bernardo F. Lim, Estimated average hours per response: Board of Governors of the Federal Reserve President, Amelia G. Lim, Secretary 0.25 System, August 15, 1997. Nashnev International Shipping Inc., d/ Number of respondents: 153 Jennifer J. Johnson, b/a Pro-Order, 333 Falkenburg Road Small businesses are not affected. Deputy Secretary of the Board. N., Suite A101, Tampa, FL 33619, General description of report: This [FR Doc. 97–22118 Filed 8–20–97; 8:45 am] Officers: Gary John Nash, President, information collection is voluntary (15 Peter L. Nevins, Vice President U.S.C. 1646(b)) and is not given BILLING CODE 6210±01±F Cincus, Inc., 2244 Luna Road, Suite 100, confidential treatment. Carrollton, TX 75006, Officers: Jerry Abstract: The FR 2572 collects data FEDERAL RESERVE SYSTEM Ware, President, Ernest Conner, Vice on credit card pricing and availability President from a sample of at least 150 financial Formations of, Acquisitions by, and Stevens Forwarders, Inc., 155 Diplomat institutions that offer credit cards. The Mergers of Bank Holding Companies Drive, Suite D, Columbia City, IN information is reported to the Congress 46725, Officers: Morrison M. Stevens, and made available to the public in The companies listed in this notice President, John H. Stevens, Treasurer order to promote competition within the have applied to the Board for approval, Dated: August 18, 1997. industry. The revisions modify the pursuant to the Bank Holding Company Joseph C. Polking, report instructions to clarify the Act of 1956 (12 U.S.C. 1841 et seq.) Secretary. treatment of introductory or teaser rates (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes [FR Doc. 97–22171 Filed 8–20–97; 8:45 am] and modify the reporting form to and regulations to become a bank BILLING CODE 6730±01±M include an option to indicate the availability of such a rate. The general holding company and/or to acquire the instructions now define more explicitly assets or the ownership of, control of, or the power to vote shares of a bank or FEDERAL RESERVE SYSTEM the nature of the credit card plan to be reported. bank holding company and all of the Agency Information Collection Board of Governors of the Federal Reserve banks and nonbanking companies Activities: Submission to OMB Under System, August 14, 1997. owned by the bank holding company, Delegated Authority William W. Wiles, including the companies listed below. Secretary of the Board. The applications listed below, as well Background as other related filings required by the [FR Doc. 97–22122 Filed 8–90–97; 8:45 am] Board, are available for immediate Notice is hereby given of the final Billing Code 6210±01±F approval of a proposed information inspection at the Federal Reserve Bank collection by the Board of Governors of indicated. The application also will be the Federal Reserve System (Board) FEDERAL RESERVE SYSTEM available for inspection at the offices of under OMB delegated authority, as per the Board of Governors. Interested 5 CFR 1320.16 (OMB Regulations on Change in Bank Control Notices; persons may express their views in Controlling Paperwork Burdens on the Acquisitions of Shares of Banks or writing on the standards enumerated in Public). The Federal Reserve may not Bank Holding Companies the BHC Act (12 U.S.C. 1842(c)). If the conduct or sponsor, and the respondent proposal also involves the acquisition of The notificants listed below have is not required to respond to, an a nonbanking company, the review also applied under the Change in Bank information collection that has been includes whether the acquisition of the extended, revised, or implemented on or Control Act (12 U.S.C. 1817(j)) and § nonbanking company complies with the after October 1, 1995, unless it displays 225.41 of the Board’s Regulation Y (12 standards in section 4 of the BHC Act. a currently valid OMB control number. CFR 225.41) to acquire a bank or bank Unless otherwise noted, nonbanking FOR FURTHER INFORMATION CONTACT: holding company. The factors that are activities will be conducted throughout Chief, Financial Reports Section—Mary considered in acting on the notices are the United States. M. McLaughlin—Division of Research set forth in paragraph 7 of the Act (12 Unless otherwise noted, comments and Statistics, Board of Governors of U.S.C. 1817(j)(7)). regarding each of these applications the Federal Reserve System, The notices are available for must be received at the Reserve Bank Washington, DC 20551 (202-452-3829) immediate inspection at the Federal indicated or the offices of the Board of OMB Desk Officer—Alexander T. Reserve Bank indicated. The notices Governors not later than September 15, Hunt—Office of Information and also will be available for inspection at 1997. Regulatory Affairs, Office of the offices of the Board of Governors. A. Federal Reserve Bank of Management and Budget, New Interested persons may express their Richmond (A. Linwood Gill III, Executive Office Building, Room views in writing to the Reserve Bank Assistant Vice President) 701 East Byrd 3208, Washington, DC 20503 (202- indicated for that notice or to the offices Street, Richmond, Virginia 23261-4528: 395-7860) of the Board of Governors. Comments 1. Calvin B. Taylor Bankshares, Inc., Final approval under OMB delegated must be received not later than Berlin, Maryland; to acquire 100 percent authority of the extension for three September 4, 1997. of the voting shares of Calvin B.Taylor years, with revision, of the following A. Federal Reserve Bank of Dallas Banking Company of Berlin Maryland, report: (Genie D. Short, Vice President) 2200 Berlin, Maryland, and thereby indirectly Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44475 acquire Calvin B. Taylor Bank of received at the Reserve Bank indicated sent by mail or facsimile to: Daniel Delaware, Ocean View, Delaware. or the offices of the Board of Governors Harper, VSP Program Manager, National 2. Wachovia Corporation, Winston- not later than September 4, 1997. Center for Environmental Health, CDC, Salem, North Carolina; to acquire 100 A. Federal Reserve Bank of St. Louis 4770 Buford Highway, NE. (F–29), percent of the voting shares of 1st (Randall C. Sumner, Vice President) 411 Atlanta, GA 30341–3724, facsimile (770) United Bancorp, Boca Raton, Florida, Locust Street, St. Louis, Missouri 63102- 488–4127, or e-mail [email protected]. and thereby indirectly acquire First 2034: SUPPLEMENTARY INFORMATION: The United Bank, Boca Raton, Florida. 1. Union Planters Corporation, Vessel Sanitation Program (VSP) is a In connection with this application, Memphis, Tennessee, and its wholly- cooperative activity between the cruise Applicant also has applied to acquire owned bank holding company ship industry and the Centers for United Bancorp’s subsidiary, Island subsidiary, Capital Bancorporation, Inc., Disease Control and Prevention (CDC), Investment Service, Inc., Palm Beach, Memphis, Tennessee; to acquire Sho-Me U.S. Department of Health and Human Florida, and thereby engage in securities Financial Corporation, Mt. Vernon, Services. The purpose and goals of the brokerage activities, pursuant to § Missouri, and its wholly-owned savings VSP are to achieve and maintain a level 225.28(b)(7)(i) of the Board’s Regulation association subsidiary, 1st Savings of sanitation that will lower the risk for Y. Bank, f.s.b., Mt. Vernon, Missouri, and gastrointestinal disease outbreaks and B. Federal Reserve Bank of San thereby engage in operating a savings assist the passenger line industry in its Francisco (Pat Marshall, Manager of institution, pursuant to § 225.28(b)(4)(ii) effort to provide a healthful Analytical Support, Consumer of the Board’s Regulation Y. environment for passengers and crew. Regulation Group) 101 Market Street, Board of Governors of the Federal Reserve Dated: August 15, 1997. San Francisco, California 94105-1579: System, August 15, 1997. 1. Zions Bancorporation, Salt Lake Joseph R. Carter, City, Utah; to merge with GB Jennifer J. Johnson, Acting Associate Director for Management Bancorporation, San Diego, California, Deputy Secretary of the Board. and Operations, Centers for Disease Control and thereby indirectly acquire [FR Doc. 97–22120 Filed 8–20–97; 8:45 am] and Prevention (CDC). Grossmont Bank, San Diego, California. BILLING CODE 6210±01±F [FR Doc. 97–22151 Filed 8–20–97; 8:45 am] BILLING CODE 4163±18±P Board of Governors of the Federal Reserve System, August 15, 1997. DEPARTMENT OF HEALTH AND Jennifer J. Johnson, DEPARTMENT OF HEALTH AND HUMAN SERVICES Deputy Secretary of the Board. HUMAN SERVICES [FR Doc. 97–22119 Filed 8–20–97; 8:45 am] Centers for Disease Control and Centers for Disease Control and BILLING CODE 6210±01±F Prevention Prevention Request for Comments on Revision of Conversion of CDC Voice/Fax FEDERAL RESERVE SYSTEM the Vessel Sanitation Program's Information Service to Toll Free Operations Manual (August 1989) Notice of Proposals to Engage in Access Permissible Nonbanking Activities or AGENCY: Centers for Disease Control and AGENCY: Centers for Disease Control and to Acquire Companies that are Prevention (CDC), Department of Health Prevention (CDC), Department of Health Engaged in Permissible Nonbanking and Human Services. and Human Services. Activities ACTION: Notice of request for comments. ACTION: Notice. The companies listed in this notice SUMMARY: This notice solicits comments SUMMARY: This notice announces the have given notice under section 4 of the and suggestions for consideration and Bank Holding Company Act (12 U.S.C. availability of disease and health risk possible incorporation into a revision of information by voice and fax as a toll- 1843) (BHC Act) and Regulation Y, (12 the Vessel Sanitation Program’s (VSP) CFR Part 225) to engage de novo, or to free service to the public. Operations Manual. The document was FOR FURTHER INFORMATION CONTACT: acquire or control voting securities or last revised in August 1989. Input from assets of a company that engages either Dottie Knight, Information Resources the cruise line, interested industry, Management Office, Office of Program directly or through a subsidiary or other travel, consumer and other groups is company, in a nonbanking activity that Support, Centers for Disease Control critical to the revision of the manual. and Prevention (CDC), 1600 Clifton is listed in § 225.28 of Regulation Y (12 Input and participation from the cruise CFR 225.28) or that the Board has Road, NE., Mail/Stop C–04, Atlanta, GA line industry and others will be 30333, Telephone: 404–639–2250. determined by Order to be closely requested throughout the revision SUPPLEMENTARY INFORMATION: Consistent related to banking and permissible for process. This initial set of comments with OMB A–130 circular, Section bank holding companies. Unless and suggestions will be used by the VSP 8.a.(6)(j), Federal agencies are required otherwise noted, these activities will be to draft a revised and expanded to: ‘‘Provide adequate notice when conducted throughout the United States. Operations Manual to reflect CDC’s and Each notice is available for inspection initiating, substantially modifying, or industry’s current knowledge. This draft at the Federal Reserve Bank indicated. terminating significant information will form the basis for further The notice also will be available for dissemination products * * *.’’ discussions and opportunities for input. inspection at the offices of the Board of The CDC Voice/Fax Information Governors. Interested persons may DATES: To be considered, written Service (VIS) allows any caller access to express their views in writing on the comments must be received by October the most current health related question whether the proposal complies 6, 1997. information using a touch-tone with the standards of section 4 of the ADDRESSES: Requests for copies of the telephone. The CDC VIS has been in BHC Act. current Operations Manual must be operation for approximately 9 years and Unless otherwise noted, comments made by calling (770) 488–7093. Written in the most recent 12 month period, it regarding the applications must be comments on the document should be has received nearly 1 million telephone 44476 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices calls, provided automated voice- Association of Village Council DEPARTMENT OF HEALTH AND response information to those callers, Presidents (Alaska) requesting that they HUMAN SERVICES and provided 1.5 million pages of be permitted to retain the funds that automated fax information. Information were in excess of the 10 per cent Food and Drug Administration is provided in several levels of detail carryover, and thus, subject to [Docket No. 97F±0339] and complexity in order to reach a reallotment. broad audience more effectively Also under section 2607(b) of the Act, Eastman Chemical Co.; Filing of Food including the general public and health grantees are required to obligate funds Additive Petition care professionals. available by the end of the fiscal year in During August 1997, the Voice/Fax AGENCY: Food and Drug Administration, which they are appropriated and may Information Service (VIS) will be HHS. carry over no more than 10 per cent of converting to toll-free access for callers ACTION: Notice. funds available for obligation in the to ensure health and prevention following fiscal year. We are not able to information availability to all audiences. SUMMARY: The Food and Drug allow grantees to retain funds that were Callers will continue to be able to access Administration (FDA) is announcing not obligated in a timely fashion and information via voice-response and fax- that Eastman Chemical Co. has filed a that exceed the 10 per cent carryover on-demand. The new number for petition proposing that the food additive limit. HHS does not have the authority information via voice response is 1–888- regulations be amended to provide for to waive the requirements of the Act CDC-FACTS (1–888–232–3228) and 1– the expanded safe use of 2,2-dimethyl- regarding the reallotment of LIHEAP 888-CDC-FAXX (1–888–232–3299) for 1,3-propanediol as a polyhydric alcohol information via fax. In the future, CDC funds. for use only in forming polyester resins will be offering all of the information on The Tanana Chiefs Conference, Inc., for coatings to include contact with health topics via TDD services for the also informed HHS that it had $98,572 alcoholic foods. hearing-impaired and several languages. in funds for reallotment instead of DATES: Written comments on the In addition, much of this same $21,184 as originally reported. petitioner’s environmental assessment information is available through the In accordance with the requirements by September 22, 1997. Internet on CDC’s web site at: http:// of section 2607(2)(C), a revised total of ADDRESSES: Submit written comments www.cdc.gov. $534,410 will be reallotted to most to the Dockets Management Branch Dated: August 15, 1997. current LIHEAP grantees based upon the (HFA–305), Food and Drug Joseph R. Carter allocation formula contained in section Administration, 12420 Parklawn Dr., rm. 1–23, Rockville, MD 20857. Acting Associate Director for Management 2604 of the Act and under the terms of and Operations, Centers for Disease Control applicable State/Tribe agreements, FOR FURTHER INFORMATION CONTACT: Vir and Prevention (CDC). except that HHS will not issue grants D. Anand, Center for Food Safety and [FR Doc. 97–22150 Filed 8–20–97; 8:45 am] under $25 because the cost of issuing Applied Nutrition (HFS–215), Food and BILLING CODE 4163±18±P the grant for that amount is greater than Drug Administration, 200 C St. SW., the amount of the grant. These reallotted Washington, DC 20204, 202–418–3081. funds are being distributed by statutory SUPPLEMENTARY INFORMATION: Under the DEPARTMENT OF HEALTH AND formula to States, Indian Tribes and Federal Food, Drug, and Cosmetic Act HUMAN SERVICES Tribal organizations, and insular areas (sec. 409(b)(5) (21 U.S.C. 348(b)(5))), that are currently grantees under the notice is given that a food additive Administration for Children and LIHEAP program for FY 1997. No other petition (FAP 7B4552) has been filed by Families entities may apply for or receive the Eastman Chemical Co., P.O. Box 431, funds from HHS. Kingsport, TN 37662. The petition Reallotment of Funds for FY 1996; Low The reallotted funds must be treated proposes to amend the food additive Income Home Energy Assistance regulations in § 175.300 Resinous and Program (LIHEAP) by LIHEAP grantees receiving them as an amount appropriated for FY 1997. As polymeric coatings (21 CFR 175.300) to AGENCY: Office of Community Services, FY 1997 funds, they will be subject to provide for the expanded safe use of 2,2- ACF, DHHS. all of the requirements of the Act, dimethyl-1,3-propanediol as a ACTION: Notice of determination including section 2607(b)(2), which polyhydric alcohol for use only in concerning funds available for requires that a grantee must obligate its forming polyester resins for coatings to reallotment. total block grant allocation for a fiscal include contact with alcoholic foods. The potential environmental impact year by the end of the fiscal year for SUMMARY of this action is being reviewed. To : In accordance with section which the funds are appropriated, that encourage public participation 2607(b) of the Low Income Home is, by September 30, 1997. Energy Assistance Act (the Act), Title consistent with regulations promulgated XXVI of the Omnibus Budget FOR FURTHER INFORMATION CONTACT: under the National Environmental Reconciliation Act of 1981 (42 U.S.C. Janet Fox, Director, Division of Energy Policy Act (40 CFR 1501.4(b)), the 8621 et seq.), as amended, a notice was Assistance, Office of Community agency is placing the environmental published in the Federal Register on Services, Administration for Children assessment submitted with the petition May 21, 1997 (62 FR 27768) announcing and Families, 370 L’Enfant Promenade, that is the subject of this notice on the Secretary’s preliminary S.W., Washington, D.C. 20447; public display at the Dockets determination that $457,022 in Fiscal telephone (202) 401–9351. Management Branch (address above) for Year 1996 Low Income Home Energy Dated: August 15, 1997. public review and comment. Interested Assistance Program (LIHEAP) funds persons may, on or before September 22, Donald Sykes, may be available for reallotment to other 1997, submit to the Dockets LIHEAP grantees. Director, Office of Community Services. Management Branch (address above) We received comments from the [FR Doc. 97–22177 Filed 8–20–97; 8:45 am] written comments. Two copies of any Tanana Chiefs Conference, Inc., and the BILLING CODE 4184±01±U comments are to be submitted, except Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44477 that individuals may submit one copy. Restoration Act of 1984 (Pub. L. 98–417) INTEGRA Artificial Skin is 4,477 days. Comments are to be identified with the and the Generic Animal Drug and Patent Of this time, 3,173 days occurred during docket number found in brackets in the Term Restoration Act (Pub. L. 100–670) the testing phase of the regulatory heading of this document. Received generally provide that a patent may be review period, while 1,304 days comments may be seen in the office extended for a period of up to 5 years occurred during the approval phase. above between 9 a.m. and 4 p.m., so long as the patented item (human These periods of time were derived from Monday through Friday. FDA will also drug product, animal drug product, the following dates: place on public display any medical device, food additive, or color 1. The date a clinical investigation amendments to, or comments on, the additive) was subject to regulatory involving this device was begun: petitioner’s environmental assessment review by FDA before the item was November 30, 1983. FDA has verified without further announcement in the marketed. Under these acts, a product’s the applicant’s claim that the date the Federal Register. If, based on its review, regulatory review period forms the basis investigational device exemption (IDE), the agency finds that an environmental for determining the amount of extension required under section 520(g)of the impact statement is not required and an applicant may receive. Federal Food, Drug, and Cosmetic Act, this petition results in a regulation, the A regulatory review period consists of for human tests to begin became notice of availability of the agency’s two periods of time: A testing phase and effective on November 30, 1983. finding of no significant impact and the an approval phase. For medical devices, 2. The date an application was evidence supporting that finding will be the testing phase begins with a clinical initially submitted with respect to the published with the regulation in the investigation of the device and runs device under section 515 of the Federal Federal Register in accordance with 21 until the approval phase begins. The Food, Drug, and Cosmetic Act (21 U.S.C. CFR 25.40(c). approval phase starts with the initial 360e): August 6, 1992. The applicant submission of an application to market claims May 4, 1990, as the date the Dated: July 31, 1997. the device and continues until premarket approval application (PMA) Alan M. Rulis, permission to market the device is for INTEGRA Artificial Skin (PMA Director, Office of Premarket Approval, granted. Although only a portion of a P900033) was initially submitted. Center for Food Safety and Applied Nutrition. regulatory review period may count However, FDA records indicate that the [FR Doc. 97–22265 Filed 8–20–97; 8:45 am] toward the actual amount of extension PMA P900033, which was mailed May BILLING CODE 4160±01±F that the Commissioner of Patents and 4, 1990, was received by FDA on May Trademarks may award (half the testing 7, 1990. However, FDA notified the phase must be subtracted as well as any applicant that the PMA contained DEPARTMENT OF HEALTH AND time that may have occurred before the insufficient information for filing on HUMAN SERVICES patent was issued), FDA’s determination June 22, 1990. After a number of of the length of a regulatory review additional documents were submitted to Food and Drug Administration period for a medical device will include the PMA, the PMA was ultimately filed [Docket No. 96E±0272] all of the testing phase and approval based on a document received August 6, phase as specified in 35 U.S.C. 1992, which is considered the initially Determination of Regulatory Review 156(g)(3)(B). submitted date for the PMA. Period for Purposes of Patent FDA recently approved for marketing 3. The date the application was Extension; INTEGRA Artificial Skin the medical device INTEGRA approved: March 1, 1996. FDA has Artificial Skin. INTEGRA Artificial verified the applicant’s claim that PMA AGENCY: Food and Drug Administration, Skin is indicated for the post-excisional P900033 was approved on March 1, HHS. treatment of life-threatening full- 1996. ACTION: Notice. thickness or deep partial-thickness This determination of the regulatory thermal injury where sufficient autograft review period establishes the maximum SUMMARY: The Food and Drug is not available at the time of excision potential length of a patent extension. Administration (FDA) has determined However, the U.S. Patent and the regulatory review period for or not desirable due to the physiological  condition of the patient. Subsequent to Trademark Office applies several INTEGRA Artificial Skin and is statutory limitations in its calculations publishing this notice of that this approval, the Patent and Trademark Office received a patent term restoration of the actual period for patent extension. determination as required by law. FDA application for INTEGRA Artificial In its application for patent extension, has made the determination because of Skin (U.S. Patent No. 4,947,840) from this applicant seeks 923 days of patent the submission of an application to the the Massachusetts Institute of term extension. Commissioner of Patents and Technology, and the Patent and Anyone with knowledge that any of Trademarks, Department of Commerce, Trademark Office requested FDA’s the dates as published is incorrect may, for the extension of a patent which assistance in determining this patent’s on or before October 20, 1997, submit to claims that medical device. eligibility for patent term restoration. In the Dockets Management Branch ADDRESSES: Written comments and a letter dated March 12, 1997, FDA (address above) written comments and petitions should be directed to the advised the Patent and Trademark ask for a redetermination. Furthermore, Dockets Management Branch (HFA– Office that this medical device had any interested person may petition FDA, 305), Food and Drug Administration, undergone a regulatory review period on or before February 17, 1998, for a 12420 Parklawn Dr., rm. 1–23, and that the approval of INTEGRA determination regarding whether the Rockville, MD 20857. Artificial Skin represented the first applicant for extension acted with due FOR FURTHER INFORMATION CONTACT: commercial marketing of the product. diligence during the regulatory review Brian J. Malkin, Office of Health Affairs Shortly thereafter, the Patent and period. To meet its burden, the petition (HFY–20), Food and Drug Trademark Office represented that FDA must contain sufficient facts to merit an Administration, 5600 Fishers Lane, determine the product’s regulatory FDA investigation. (See H. Rept. 857, Rockville, MD 20857, 301–443–1382. review period. part 1, 98th Cong., 2d sess., pp. 41–42, SUPPLEMENTARY INFORMATION: The Drug FDA has determined that the 1984.) Petitions should be in the format Price Competition and Patent Term applicable regulatory review period for specified in 21 CFR 10.30. Comments 44478 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices and petitions should be submitted to the Council, 245 First St., 14th Fl., minimize the information collection Dockets Management Branch (address Cambridge, MA 02142, 617–577–8198. burden. above) in three copies (except that Because attendance is limited to 100, Type of Information Collection individuals may submit single copies) preregistration is recommended. Request: Extension of a currently and identified with the docket number However, there is no cutoff date for approved collection; Title of found in brackets in the heading of this registration. Information Collection: Medicaid document. Comments and petitions may If you need special accommodations Sterilization Regulations 45 CFR 96.73, be seen in the Dockets Management due to a disability, please contact 42 CFR 441 subpart F and Consent Branch between 9 a.m. and 4 p.m., Donald J. Johnson at least 7 days in Form; Form No.: HCFA–R–94; Use: All Monday through Friday. advance. Medicaid-eligible individuals seeking sterilization are required to sign the Dated: August 14, 1997. Supplementary Information: This federally mandated consent form, Allen B. Duncan, meeting will feature a general session at acknowledging that they understand the Acting Associate Commissioner for Health which Federal regulations and benefits and risks of sterilization, and Affairs. procedures will be discussed, followed have received oral information [FR Doc. 97–22266 Filed 8–20–97; 8:45 am] by four morning breakout sessions to concerning the sterilization operation BILLING CODE 4160±01±F identify problems or concerns in the from the provider. Frequency: Other topical areas, and four afternoon (each time sterilization is sought); breakout sessions to recommend Affected Public: Individuals or DEPARTMENT OF HEALTH AND solutions to the problems or concerns Households; Number of Respondents: HUMAN SERVICES identified previously. 112,526; Total Annual Responses: A summary of the meeting will be 112,526; Total Annual Hours: 140,658. Food and Drug Administration provided to all registered participants. To obtain copies of the supporting However, the public may request a Grass Roots Biotechnology Meeting statement for the proposed paperwork summary of the meeting in writing from collections referenced above, or to AGENCY: Food and Drug Administration, the Freedom of Information Office (HFI– obtain the supporting statement and any HHS. 35), Food and Drug Administration, rm. related forms, E-mail your request, 12A–16, 5600 Fishers Lane, Rockville, ACTION: Notice of meeting. including your address and phone MD 20857. number, to [email protected], or call The Food and Drug Administration Dated: August 15, 1997. the Reports Clearance Office on (410) (FDA) is announcing the following William K. Hubbard, 786–1326. Written comments and meeting: Grass Roots Biotechnology Acting Deputy Commissioner for Policy. recommendations for the proposed information collections must be mailed Meeting. The topics to be discussed are [FR Doc. 97–22267 Filed 8–20–97; 8:45 am] within 60 days of this notice directly to product classification (Biologic/Device/ BILLING CODE 4160±01±F Drug/Food), the preapproval inspection the HCFA Paperwork Clearance Officer process, the inspectional environment designated at the following address: after product approval, and overall DEPARTMENT OF HEALTH AND HCFA, Office of Information Services, communications with the field offices. HUMAN SERVICES Information Technology Investment This meeting, which is cosponsored by Management Group, Division of HCFA FDA’s Office of External Affairs and the Health Care Financing Administration Enterprise Standards, Attention: John New England District, Northeast Region; Rudolph, Room C2–26–17, 7500 the Massachusetts Biotechnology [Document Identifier: HCFA±R±94] Security Boulevard, Baltimore, Council; and the Biotechnology Maryland 21244–1850. Association of Maine, is being held to Agency Information Collection Dated: August 11, 1997. promote the President’s initiative for a Activities: Proposed Collection; John P. Burke III, partnership approach between frontline Comment Request HCFA Reports Clearance Officer, Division of regulators and the people affected by the In compliance with the requirement HCFA Enterprise Standards, Health Care work of the agency. of section 3506(c)(2)(A) of the Financing Administration. Date and Time: The meeting will be Paperwork Reduction Act of 1995, the [FR Doc. 97–22124 Filed 8–20–97; 8:45 am] held on Tuesday, September 23, 1997 (8 Health Care Financing Administration BILLING CODE 4120±03±U a.m. to 8:30 a.m. registration), 8:30 a.m. (HCFA), Department of Health and to 4 p.m. Human Services, is publishing the DEPARTMENT OF HEALTH AND Location: The meeting will be held at following summary of proposed HUMAN SERVICES Ramada Hotel, 15 Middlesex Canal collections for public comment. Park, Woburn, MA, 617–279–1675. Interested persons are invited to send Health Care Financing Administration Contact: Donald J. Johnson, Special comments regarding the burden Assistant to the District Director, New estimate or any other aspect of this [Document Identifier: HCFA±216] England District Office, Northeast collection of information, including any Agency Information Collection Region, Food and Drug Administration of the following subjects: (1) The Activities: Submission for OMB (HFR–NE 252), Food and Drug necessity and utility of the proposed Review; Comment Request Administration, One Montvale Ave., information collection for the proper Stoneham, MA 02180, 617–279–1675, performance of the agency’s functions; AGENCY: Health Care Financing ext. 129, FAX 617–279–1733. (2) the accuracy of the estimated Administration, HHS. Registration: Send registration burden; (3) ways to enhance the quality, In compliance with the requirement information (including name, title, firm utility, and clarity of the information to of section 3506(c)(2)(A) of the name, address, telephone, and fax be collected; and (4) the use of Paperwork Reduction Act of 1995, the number) to Janice T. Bourque, Executive automated collection techniques or Health Care Financing Administration Director, Massachusetts Biotechnology other forms of information technology to (HCFA), Department of Health and Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44479

Human Services, is publishing the DEPARTMENT OF HEALTH AND (NIDA) Special Emphasis Panel following summary of proposed HUMAN SERVICES meetings: collections for public comment. Purpose/Agenda: To evaluate and review National Institutes of Health Interested persons are invited to send contract proposals. comments regarding this burden National Institute on Alcohol Abuse Name of Committee: NIDA Special estimate or any other aspect of this Emphasis Panel (Controlled Release collection of information, including any and Alcoholism; Notice of Closed Meeting Parenteral Delivery System of of the following subjects: (1) The Buprenorphine). necessity and utility of the proposed Pursuant to Section 10(d) of the Date: August 18, 1997. information collection for the proper Federal Advisory Committee Act, as Time: 1:30 p.m. performance of the agency’s functions; amended (5 U.S.C. Appendix 2), notice Place: Office of Extramural Program (2) the accuracy of the estimated is hereby given of the following Review, National Institute on Drug Abuse, burden; (3) ways to enhance the quality, meeting: NIH, 5600 Fishers Lane, Room 10–49, utility, and clarity of the information to Rockville, MD 20857 (Telephone Purpose/Agenda: To review and evaluate a Conference). be collected; and (4) the use of request for application (RFA). automated collection techniques or Contact Person: Mr. Eric Zatman, Contract Name of Committee: National Institute on Review Specialist, Office of Extramural other forms of information technology to Alcohol Abuse and Alcoholism Special Program Review, National Institute on Drug minimize the information collection Emphasis Panel. Abuse, 5600 Fishers Lane, Room 10–42, burden. Date of Meeting: August 26, 1997. Time: 8:00 A.M. to adjournment. Rockville, MD 20857, Telephone (301) 443– Type of Information Collection Place of Meeting: Radison Barcelo Hotel 1644. Request: Revision of a currently 2121 P Street, NW, Washington, DC 20037. Name of Committee: NIDA Special approved collection; Title of Contact Person: Mark Green, 6000 Emphasis Panel (Preparation of Standardized Information Collection: Organ Executive Boulevard, Suite 409, Rockville, Nicotine and Cigarettes for Addiction). Procurement Organization/ Md 20892–7003, 301–443–2860. Date: August 18, 1997. Histocompatibility Laboratory The meeting will be closed in Time: 2:30 p.m. Statement of Reimbursable Costs, accordance with the provisions set forth Place: Office of Extramural Program Manual Instructions and Supporting in sections 552b(c)(4) and 552b(c)(6), Review, National Institute on Drug Abuse, Regulations Contained in 42 CFR 413.20 Title 5 U.S.C. The proposal and NIH, 5600 Fishers Lane, Room 10–49, and 413.24; Form No.: HCFA–216 (OMB discussions could reveal confidential Rockville, MD 20857 (Telephone Conference). No. 0938–0102); Use: This form is trade secrets or commercial property required by statute for participation in Contact Person: Mr. Eric Zatman, Contract such as patentable material, and Review Specialist, Office of Extramural the Medicare program. The information personal information concerning Program Review, National Institute on Drug is used to determine reasonable costs individuals associated with the Abuse, 5600 Fishers Lane, Room 10–42, incurred to furnish treatment to End proposal, the disclosure of which would Rockville, MD 20857, Telephone (301) 443– Stage Renal Disease (ESRD) patients by constitute a clearly unwarranted 1644. Organ Procurement Organizations and invasion of personal privacy. Histocompatibility Laboratories. This notice is being published less This notice is being published less Frequency: Annually; Affected Public: than 15 days prior to the meeting due than 15 days prior to the meetings due Business or other for-profit, Not-for- to the urgent need to meet timing to the urgent need to meet timing profit institutions, and State, Local or limitations imposed by the review and limitations imposed by the review and Tribal Government; Number of funding cycle. funding cycle. Respondents: 100; Total Annual (Catalog of Federal Domestic Assistance, The meetings will be closed in Responses: 100; Hours: 4,500. Program Nos. 93.271, Alcohol Research accordance with provisions set forth in To obtain copies of the supporting Career Development Awards for Scientists sections 552b(c)(4) and 552b(c)(6), Title statement and any related forms for the and Clinicians; 93.272, Alcohol National 5, U.S.C. The applications and/or Research Service Awards for Research proposals and the discussions could proposed paperwork collections Training; 93.273, Alcohol Research Programs; referenced above, E-mail your request, 93.891, Alcohol Research Center Grants; reveal confidential trade secrets or including your address and phone National Institutes of Health) commercial property such as patentable number, to [email protected], or call Dated: August 13, 1997. material and personal information the Reports Clearance Office on (410) LaVerne Y. Stringfield, concerning individuals associated with 786–1326. Written comments and the applications and/or proposals, the Committee Management Officer, NIH. recommendations for the proposed disclosure of which would constitute a information collections must be mailed [FR Doc. 97–22162 Filed 8–20–97; 8:45 am] clearly unwarranted invasion of within 30 days of this notice directly to BILLING CODE 4140±01±M personal privacy. the OMB desk officer: OMB Human (Catalog of Federal Domestic Assistance Resources and Housing Branch, DEPARTMENT OF HEALTH AND Program Numbers: 93.277, Drug Abuse Attention: Allison Eydt, New Executive HUMAN SERVICES Scientist Development, Research Scientist Office Building, Room 10235, Development, and Research Scientist Washington, D.C. 20503. National Institutes of Health Awards; 93.278, Drug Abuse National Dated: August 14, 1997. Research Service Awards for Research National Institute on Drug Abuse; Training; 93.279, Drug Abuse Research John P. Burke III, Notice of Closed Meetings Programs, National Institutes of Health) HCFA Reports Clearance Officer, HCFA Office Dated: August 13, 1997. of Information Services, Information Pursuant to Section 10(d) of the Technology Investment Management Group, Federal Advisory Committee Act, as LaVerne Y. Stringfield, Division of HCFA Enterprise Standards. amended (5 U.S.C. Appendix 2), notice Committee Management Officer, NIH. [FR Doc. 97–22199 Filed 8–20–97; 8:45 am] is hereby given of the following [FR Doc. 97–22164 Filed 8–20–97; 8:45 am] BILLING CODE 4120±03±P National Institute on Drug Abuse BILLING CODE 4140±01±M 44480 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Place: Courtyard by Marriott, 124 St. HUMAN SERVICES HUMAN SERVICES Charles Avenue, New Orleans, Louisiana 70130. National Institutes of Health National Institutes of Health Contact Person: Dr. Alfred W. Gordon, Scientific Review Administrator, Scientific National Institute of Nursing Research; National Institute of Neurological Review Branch, NINDS, National Institutes of Notice of Meeting of the National Disorders and Stroke; Notice of Health, Federal Building, Room 9C–10, Advisory Council for Nursing Research Meetings Bethesda, MD 20892, (301) 496–9223. and its Subcommittee (Catalog of Federal Domestic Assistance Pursuant to Public Law 92–463, Program No. 93.853, Clinical Research Pursuant to Public Law 92–463, notice is hereby given of meetings of the Related to Neurological Disorders; No. notice is hereby given of the meeting of National Institute of Neurological 93.854, Biological Basis Research in the the National Advisory Council for Disorders and Stroke. Neurosciences) Nursing Research, National Institute of The meetings will be closed to the Dated: August 14, 1997. Nursing Research, National Institutes of public in accordance with the LaVerne Y. Stringfield, Health and its Planning Subcommittee provisions set forth in sections Committee Management Officer, NIH. on September 22–23, 1997, National 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Institutes of Health, William H. Natcher and section 10(d) of Public Law 92–463, [FR Doc. 97–22166 Filed 8–20–97; 8:45 am] Building, 45 Center Drive, Conference for the review, discussion and BILLING CODE 4140±01±M Room E1 and E2, Bethesda, Maryland evaluation of individual grant 20892. applications. These applications and DEPARTMENT OF HEALTH AND The Council meeting will be open to discussions could reveal confidential HUMAN SERVICES the public on September 23 from 8:30 trade secrets or commercial property a.m. to 3:00 p.m. for discussion of such as patentable material, and National Institutes of Health program policies and issues. Attendance personal information concerning by the public will be limited to space individuals associated with the National Institute of General Medical available. applications, the disclosure of which Sciences; Notice of Closed Meeting In accordance with the provisions set would constitute a clearly unwarranted forth in sections 552b(c)(4) and invasion of personal privacy. Pursuant to Section 10(d) of the 552b(c)(6), Title 5 U.S.C. and section Summaries of meetings, rosters of Federal Advisory Committee Act, as 10(d) of Public Law 92–463, the Council committee members, and other amended (5 U.S.C. Appendix 2), notice meeting will be closed to the public information pertaining to the meetings is hereby given of the following from 3:00 p.m. to adjournment on can be obtained from the Scientific advisory committee meeting of the September 23. There will also be a Review Administrator indicated. National Institute of General Medical meeting, closed to the public, of the Sciences Special Emphasis Panel: Planning Subcommittee on September Name of Committee: National Institute of Neurological Disorders and Stroke Initial 22 from 3:00 p.m. to 5:00 p.m. in Committee Name: Biomedical Research Review Group, Subcommittee B. and Research Training–4. Building 31, Room 5B03. These Date: October 15–17, 1997. Date: November 7, 1997. meetings are closed for the review, Time: Time: 8:30 a.m.-5:00 p.m. discussion and evaluation of individual October 15, 7:00 p.m.—recess grant applications. These applications Place: The Hyatt Regency Hotel, One October 16, 8:00 a.m.—recess Bethesda Metro Center, Bethesda, MD 20814. and discussions could reveal October 17, 8:00 a.m.—adjournment Contact Person: Bruce K. Wetzel, Ph.D., confidential trade secrets or commercial Place: The Clarion Hampshire Hotel, 1310 Scientific Review Administrator, NIGMS, property such as patentable material, New Hampshire Avenue, N.W., Washington, Office of Scientific Review, 45 Center Drive, and personal information concerning DC 20036. Room 1AS–19K, Bethesda, MD 20892–6200, individuals associated with the Contact Person: Dr. Paul Sheehy, Scientific 301–594–3907. applications, the disclosure of which Review Administrator, Scientific Review Purpose: To review and evaluate program would constitute a clearly unwarranted Branch, NINDS, National Institutes of Health, project applications. invasion of personal privacy. Federal Building, Room 9C–10, Bethesda, A summary of the meetings, rosters of MD 20892, (301) 496–9223. This meeting will be closed in committee members, and other Name of Committee: National Institute of accordance with the provisions set forth information may be obtained from the Neurological Disorders and Stroke Initial in sections 552b(c)(4) and 552b(c)(6), Review Group, Subcommittee A. Executive Secretary, Dr. Lynn Amende, Title 5 U.S.C. The discussions of these Date: October 15–17, 1997. applications could reveal confidential NINR, NIH, Building 45, Room 3AN–12, Time: Bethesda, Maryland 20892, 301/594– trade secrets or commercial property October 15, 7:30 p.m.—recess such as patentable material and 5968. Individuals who plan to attend October 16, 8:30 a.m.—recess and need special assistance, such as October 17, 8:30 a.m.—adjournment personal information concerning individuals associated with the sign language interpretation or other Place: Embassy Suites Hotel, 1250 22nd reasonable accommodations, should Street, N.W., Washington, DC 20037. applications, the disclosure of which contact the Executive Secretary in Contact Person: Dr. Katherine Woodbury, would constitute a clearly unwarranted advance of the meeting. Scientific Review Administrator, Scientific invasion of personal privacy. Review Branch, NINDS, National Institutes of (Catalog of Federal Domestic Assistance (Catalog of Federal Domestic Assistance Program No. 93.361, Nursing Research, Health, Federal Building, Room 9C–10, Program Nos. 93.821, Biophysics and National Institutes of Health) Bethesda, MD 20892, (301) 496–9223. Physiological Sciences; 93.859, Dated: August 14, 1997. Name of Committee: Training Grant and Pharmacological Sciences; 93.862, Genetics Career Development Review Committee. Research; 93.863, Cellular and Molecular LaVerne Y. Stringfield, Date: October 23–24, 1997. Basis of Disease Research; 93.880, Minority Committee Management Officer, NIH. Time: Access Research Careers [MARC]; and [FR Doc. 97–22165 Filed 8–20–97; 8:45 am] October 23, 8:00 a.m.—recess 93.375, Minority Biomedical Research BILLING CODE 4140±01±M October 24, 8:00 a.m.—adjournment Support [MBRS]) Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44481

Dated: August 14, 1997. (Catalog of Federal Domestic Assistance Place: NIH, Rockledge 2, Room 5172, LaVerne Y. Stringfield, Program No. 13.853, Clinical Basis Research; Telephone Conference. Contact Person: Dr. Leonard Jakubczak, Committee Management Officer, NIH. No. 13.854, Biological Basis Research) Dated: August 14, 1997. Scientific Review Administrator, 6701 [FR Doc. 97–22167 Filed 8–20–97; 8:45 am] Rockledge Drive, Room 5172, Bethesda, LaVerne Y. Stringfield, BILLING CODE 4140±01±M Maryland 20892, (301) 435–1247. Committee Management Officer, NIH. This notice is being published less than 15 [FR Doc. 97–22168 Filed 8–20–97; 8:45 am] days prior to the above meeting due to the DEPARTMENT OF HEALTH AND BILLING CODE 4140±01±M urgent need to meet timing limitations HUMAN SERVICES imposed by the grant review and funding cycle. National Institutes of Health DEPARTMENT OF HEALTH AND Name of SEP: Clinical Sciences. HUMAN SERVICES Date: September 9–10, 1997. National Institute of Neurological Time: 7:00 p.m. Disorders and Stroke; Notice of National Institutes of Health Place: Ana Hotel, Washington, DC. Meeting, Board of Scientific Contact Person: Dr. J. Terrell Hoffeld, Counselors National Institute on Aging; Amended Scientific Review Administrator, 6701 Notice of Meeting of the National Rockledge Drive, Room 4116, Bethesda, Pursuant to Public Law 92–463, Advisory Council on Aging Maryland 20892, (301) 435–1781. notice is hereby given of the meeting of Name of SEP: Clinical Sciences. the Board of Scientific Counselors, Notice is hereby given of a change in Date: September 10, 1997. National Institute of Neurological the agenda for the meeting of the Time: 1:30 p.m. Disorders and Stroke, Division of National Advisory Council on Aging, Place: NIH, Rockledge 2, Room 4128, Intramural Research on October 5–7, National Institute on Aging, September Telephone Conference. 1997, at the National Institutes of 25–26, 1997, to be held at the National Contact Person: Dr. Anshumali Chaudhari, Institutes of Health, Building 31, Scientific Review Administrator, 6701 Health, Building 31, Conference Room Rockledge Drive, Room 4128, Bethesda, 6C6, 31 Center Drive, Bethesda, Conference Room 6, Bethesda, Maryland Maryland 20892, (301) 435–1210. published in the Federal Register on Maryland 20892. Name of SEP: Multidisciplinary Sciences. This meeting will be open to the July 18, 1997 (62 FR 38571). This Date: October 14, 1997. public from 8:30 a.m. to 12:05 p.m. and meeting was scheduled to be open to the Time: 8:00 a.m. from 1:05 p.m. to 6:00 p.m. on October public on Thursday, September 25, from Place: Georgetown Inn, Washington, DC. 6th, to discuss planning and program 9:00 a.m. to 3:00 p.m., and Friday, Contact Person: Dr. Eileen Bradley, accomplishments. Attendance by the September 26, from 8:00 a.m. until Scientific Review Administrator, 6701 public will be limited to space available. adjournment. The meeting was Rockledge Drive, Room 4182, Bethesda, scheduled to be closed on Thursday, Maryland 20892, (301) 435–1179. In accordance with the provisions set September 25, from 3:00 p.m. to recess. The meetings will be closed in accordance forth in section 552b(c)(6), Title 5, The meeting will now be open to the with the provisions set forth in sections U.S.C. section 10(d) of Public Law 92– public on Thursday, September 25, from 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. 463, the meeting will be closed to the Applications and/or proposals and the 1:00 p.m. until recess, and again on public from 8:00 p.m.to 10:00 p.m. on discussions could reveal confidential trade Friday, September 26, from 10:00 a.m. October 5th, and from 8:30 a.m. until secrets or commercial property such as until adjournment. The meeting will be adjournment on October 7th, for the patentable material and personal information closed on Friday, September 26, from review, discussion and evaluation of concerning individuals associated with the 8:00 to 10:00 a.m. applications and/or proposals, the disclosure individual programs and projects of which would constitute a clearly Dated: August 15, 1997. conducted by the NINDS. The programs unwarranted invasion of personal privacy. LaVerne Y. Stringfield, and discussions include consideration (Catalog of Federal Domestic Assistance of personnel qualifications and Committee Management Officer, NIH. Program Nos. 93.306, 93.333, 93.337, 93.393– performances, the competence of [FR Doc. 97–22169 Filed 8–20–97; 8:45 am] 93.396, 93.837–93.844, 93.846–93.878, individual investigators and similar BILLING CODE 4140±01±M 93.892, 93,893, National Institutes of Health, items, the disclosure of which would HHS) constitute a clearly unwarranted Dated: August 13, 1997. invasion of personal privacy. DEPARTMENT OF HEALTH AND LaVerne Y. Stringfield, The Freedom of Information HUMAN SERVICES Committee Management Officer, NIH. Coordinator, Mr. John Seachrist, Federal National Institutes of Health [FR Doc. 97–22163 Filed 8–20–97; 8:45 am] Building, Room 1012, 7550 Wisconsin BILLING CODE 4140±01±M Avenue, Bethesda, MD 20892, telephone Division of Research Grants; Notice of (301) 496–9231 or the Executive Closed Meetings Secretary, Dr. Story Landis, Director, DEPARTMENT OF HOUSING AND Division of Intramural Research, NINDS, Pursuant to Section 10(d) of the URBAN DEVELOPMENT Building 36, Room 5A05, National Federal Advisory Committee Act, as Institutes of Health, Bethesda, MD amended (5 U.S.C. Appendix 2), notice [Docket No. FR±4263±N±06] 20892, telephone (301) 435–2232, will is hereby given of the following Division furnish a summary of the meeting and Submission for OMB Review: of Research Grants Special Emphasis Comment Request a roster of committee members upon Panel (SEP) meetings: request. Individuals who plan to attend Purpose/Agenda: To review individual AGENCY: Office of Administration, HUD. and need special assistance, such as grant applications. ACTION: Notice. sign language interpretation or other Name of SEP: Behavioral and reasonable accommodations, should Neurosciences. SUMMARY: The proposed information contact the Executive Secretary in Date: August 27, 1997. collection requirement described below advance of the meeting. Time: 2:00 p.m. has been submitted to the Office of 44482 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

Management and Budget (OMB) for for the collection of information, as Dated: August 13, 1997. review, as required by the Paperwork described below, to OMB for review, as David S. Cristy, Reduction Act. The Department is required by the Paperwork Reduction Acting Director, Information Resources, soliciting public comments on the Act (44 U.S.C. Chapter 35). Management Policy and Management subject proposal. The Notice lists the following Division. DATES: Comments due date: September information: (1) The title of the Notice of Submission of Proposed 22, 1997. information collection proposal; (2) the office of the agency to collect the Information Collection of OMB ADDRESSES: Interested persons are information; (3) the OMB approval invited to submit comments regarding Title of Proposal: Issuer’s Monthly number, if applicable; (4) the this proposal. Comments must be description of the need for the Accounting Report. received within thirty (30) days from the information and its proposed use; (5) Office: Government National date of this Notice. Comments should the agency form number, if applicable; Mortgage Association. refer to the proposal by name and/or (6) what members of the public will be OMB Approval Number: 2503–0004. OMB approval number and should be affected by the proposal; (7) how sent to: Joseph F. Lackey, Jr., OMB Desk frequently information submissions will Description of the Need for the Officer, Office of Management and be required; (8) an estimate of the total Information and Its Proposed Use: Budget, Room 10235, New Executive number of hours needed to prepare the Issuers will use these forms to report Office Building, Washington, DC 20503. information submission including monthly on their securities accounting. FOR FURTHER INFORMATION CONTACT: Kay number of respondents, frequency of The information is necessary to assure F. Weaver, Reports Management Officer, response, and hours of response; (9) issuers are performing pursuant to the Department of Housing and Urban whether the proposal is new, an guaranty agreement and investors are Development, 451 7th Street, extension, reinstatement, or revision of receiving all funds due them. Southwest, Washington, DC 20410, an information collection requirement; Form Number: HUD–11710A, 1710B, telephone (202) 708–0050. This is not a and (10) the names and telephone 1710C, 11710D, and 11710E. toll-free number. Copies of the proposed numbers of an agency official familiar Respondents: Business or Other For- forms and other available documents with the proposal and of the OMB Desk Profit and the Federal Government. submitted to OMB may be obtained Officer for the Department. from Ms. Weaver. Frequency of Submission: On Authority: Section 3507 of the Paperwork Occasion and Monthly. SUPPLEMENTARY INFORMATION: The Reduction Act of 1995, 44 U.S.C. 35, as Department has submitted the proposal amended. Reporting Burden:

Number of re- Frequency of Hours per Burden spondents x response x response = hours

HUD±11710A ...... 620 656 .012 4,877 HUD±1710B ...... 10 12 .25 30 HUD±1710C ...... 2 2 .16 1 HUD±11710D ...... 620 12 .25 1,860 HUD±11710E ...... 620 24 .16 2,381

Total Estimated Burden Hours: 9,149. soliciting public comments on the SUPPLEMENTARY INFORMATION: The Status: Reinstatement, with changes. subject proposal. Department has submitted the proposal Contact: Sonya K. Suarez, HUD, (202) for the collection of information, as DATES: Comments due date: September 708–2772 x4975; Joseph F. Lackey, Jr. described below, to OMB for review, as OMB, (202) 395–7316. 22, 1997. required by the Paperwork Reduction Dated: August 13, 1997. ADDRESSES: Interested persons are Act (44 U.S.C. Chapter 35). invited to submit comments regarding The Notice lists the following [FR Doc. 97–22249 Filed 8–20–97; 8:45 am] this proposal. Comments must be information: (1) The title of the BILLING CODE 4210±01±M received within thirty (30) days from the information collection proposal; (2) the date of this notice. Comments should office of the agency to collect the DEPARTMENT OF HOUSING AND refer to the proposal by name and/or information; (3) the OMB approval URBAN DEVELOPMENT OMB approval number and should be number, if applicable; (4) the sent to: Joseph F. Lackey, Jr., OMB Desk description of the need for the Officer, Office of Management and information and its proposed use; (5) [Docket No. FR±4263±N±07] Budget, Room 10235, New Executive the agency form number, if applicable; Submission for OMB Review: Office Building, Washington, DC 20503. (6) what members of the public will be Comment Request affected by the proposal; (7) how FOR FURTHER INFORMATION CONTACT: frequently information submissions will AGENCY: Office of Administration, HUD. Kay F. Weaver, Reports Management be required; (8) an estimate of the total ACTION: Notice. Officer, Department of Housing and number of hours needed to prepare the Urban Development, 451 7th Street, information submission including SUMMARY: The proposed information Southwest, Washington, DC 20410, number of respondents, frequency of collection requirement described below telephone (202) 708–0050. This is not a response, and hours of response; (9) has been submitted to the Office of toll-free number. Copies of the proposed whether the proposal is new, an Management and Budget (OMB) for forms and other available documents extension, reinstatement, or revision of review, as required by the Paperwork submitted to OMB may be obtained an information collection requirement; Reduction Act. The Department is from Ms. Weaver. and (10) the names and telephone Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44483 numbers of an agency official familiar Dated: August 13, 1997. lenders to provide borrowers the Special with the proposal and of the OMB Desk David S. Cristy, Information Booklet and the Good Faith Officer for the Department. Acting Director, Information Resources, Estimate of Settlement Costs that Management Policy and Management informs them of the nature and costs of Authority: Section 3507 of the Paperwork Division. real estate settlement services. Section 4 Reduction Act of 1995, 44 U.S.C. 35, as amended. Notice of Submission of Proposed of RESPA requires settlement agents to Information Collection to OMB provide the borrowers and the sellers with a HUD–1 form which sets forth all Title of Proposal: Good Faith Estimate settlement costs. and Special Information Booklet. Form Number: HUD–1. Office: Housing. OMB Approval Number: 2502–0265. Respondents: Business or Other For- Description of the Need for the Profit and Individuals or Households. Information and Its Proposed Use: Frequency of Submission: On Section 5 of the Real Estate Settlement Occasion and Third Party Disclosure. Procedures Act (RESPA) requires Reporting Burden:

Number of × Frequency of × Hours per Burden respondents response response = hours

Good Faith Estimate and HUD±1 ...... 20,000 173.5 .17 491,006

Total Estimated Burden Hours: Fish and Wildlife Service, Pacific consider all information presented 491,006. Islands Office, 300 Ala Moana during the public comment period prior Status: Reinstatement, with changes. Boulevard, room 3108, P.O. Box 50088, to approval of each new or revised Contact: Ivy M. Jackson, HUD, (202) Honolulu, Hawaii 96850 (phone 808/ Recovery Plan. Substantive technical 708–4560; Joseph F. Lackey, Jr., OMB, 541–3441); Kauai Regional Library, 4344 comments will result in changes to the (202) 395–7316. Hardy Ave., Lihue, Hawaii 96766. plans. Substantive comments regarding Dated: August 13, 1997. Requests for copies of the draft recovery recovery plan implementation may not plan and written comments and necessarily result in changes to the [FR Doc. 97–22250 Filed 8–20–97; 8:45 am] materials regarding this plan should be recovery plans, but will be forwarded to BILLING CODE 4210±01±M addressed to Field Supervisor, Fish and appropriate Federal or other entities so Wildlife Office, at the above Honolulu that they can take these comments into address. account during the course of DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: implementing recovery actions. Christine Willis, Fish and Wildlife Fish and Wildlife Service Individualized responses to comments Biologist, at the above Honolulu will not be provided. address. Availability of Draft Kauai II: The Recovery Plan for the Kauai Plant Addendum to the Recovery Plan for SUPPLEMENTARY INFORMATION: Cluster, finalized in 1995, covered 37 the Kauai Plant Cluster (USFWS 1995) Background plant species. This draft addendum to the Recovery Plan for the Kauai Plant AGENCY: Fish and Wildlife Service, Restoring endangered or threatened Cluster covers 19 plant taxa, 17 of Interior. animals and plants to the point where ACTION: Notice of document availability. they are again secure, self-sustaining which are listed as endangered and 2 as members of their ecosystems is a threatened. All of these taxa are SUMMARY: The U.S. Fish and Wildlife primary goal of the Service’s endemic to the island of Kauai, Service announces the availability for endangered species program. To help Hawaiian Islands. The plants listed as public review of a draft Kauai II: guide the recovery effort, the Service is endangered are: Alsinidendron Addendum to the Recovery Plan for the working to prepare recovery plans for lychnoides (kuawawaenohu), Kauai Plant Cluster (USFWS 1995). most of the listed species native to the Alsinidendron viscosum (no common There are 19 taxa of plants included in United States. Recovery plans describe name (NCN)), Cyanea remyi (haha), this plan, 17 of which are listed as actions considered necessary for the Cyrtandra cyaneoides (mapele), Delissea endangered and 2 as threatened. All 19 conservation of the species, establish rivularis (oha), Hibiscadelphus woodii are known only from the island of criteria for the recovery levels for (hau kuahiwi), Hibiscus waimeae ssp. Kauai. This draft plan addendum downlisting or delisting them, and hannerae (koki o keokeo), Kokia supplements the Recovery Plan for the estimate time and cost for implementing kauaiensis (kokio), Labordia tinifolia Kauai Plant cluster finalized in 1995. A the recovery measures needed. var. wahiawaensis (kamakahala), limited number of copies of the Kauai The Endangered Species Act, as Phyllostegia knudsenii (NCN), Plant Cluster Recovery Plan are amended (16 U.S.C. 1531 et seq.) (Act), Phyllostegia wawrana (NCN), available, although the Service is not requires the development of recovery Pritchardia napaliensis (loulu), seeking comments on that document. plans for listed species unless such a Pritchardia viscosa (loulu), Schiedea DATES: Comments on the draft recovery plan would not promote the helleri (NCN), Schiedea membranacea plan received by October 20, 1997 will conservation of a particular species. (NCN), Schiedea stellarioides be considered by the Service. Section 4(f) of the Act as amended in (laulihilihi), Viola kauaensis var. ADDRESSES: Copies of the draft recovery 1988 requires that public notice and an wahiawaensis (nani waialeale). The plan are available for inspection, by opportunity for public review and plants listed as threatened are: Cyanea appointment, during normal business comment be provided during recovery recta (haha) and Myrsine linearifolia hours at the following locations: U.S. plan development. The Service will (kolea). 44484 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

The 19 taxa included in this occur or occurred historically. Each of were listed by the Service as endangered addendum grow mostly in the northern these populations must be naturally on August 31, 1984 (49 FR 34500). In and northwestern portions of Kauai, and reproducing, stable or increasing in addition, each species was listed as grow in a variety of vegetation number, and secure from threats, with a endangered by the State of California communities (shrublands, forests, and minimum of 100 mature individuals per (California Department of Fish and mixed communities), elevational zones population for long-lived perennials and Game) in 1989. (lowland to montane), and moisture a minimum of 300 mature individuals The Service solicits review and regimes (dry to wet). Only one species, per population for short-lived comment from the public on this plan. Pritchardia napaliensis, is found in perennials. Each population should DATES: Comments on the draft recovery lowland dry communities. These taxa persist at this level for a minimum of 5 plan received by October 20, 1997 will and their habitats have been variously consecutive years before downlisting is be considered by the Service. affected or are currently threatened by considered. For delisting, a total of 8 to ADDRESSES: Persons wishing to review one or more of the following: 10 populations of each taxon should be the draft recovery plan may obtain a competition for space, light, water, and documented on Kauai where they now copy by contacting the Field Supervisor nutrients by introduced vegetation; occur or occurred historically. Each of at the following address: Carlsbad Field habitat degradation by feral or domestic these populations must be naturally Office, U.S. Fish and Wildlife Service, animals (axis deer, goats, pigs, sheep, reproducing, stable or increasing in 2730 Loker Avenue West, Carlsbad, and cattle); erosion of substrate number, and secure from threats, with a California 92008. Telephone requests produced by hurricane, weathering, minimum of 100 mature individuals per may be made by calling 619/431–9440. human- or animal-caused disturbance; population for long-lived perennials and Comments and material received are and predation by animals (goats, rats, a minimum of 300 mature individuals available for public inspection by and slugs). In addition, due to the small per population for short-lived appointment, during normal business number of existing individuals and their perennials. Each population should hours at the above address. very narrow distributions, these taxa persist at this level for a minimum of 5 FOR FURTHER INFORMATION CONTACT: and most of their populations are consecutive years. Douglas Krofta at the above address and subject to an increased likelihood of Public Comments Solicited telephone number. extinction and/or reduced reproductive vigor from stochastic events. The Service solicits written comments SUPPLEMENTARY INFORMATION: The objective of the Addendum to the on the Addendum to the Recovery Plan Background described. All comments received by Recovery Plan for the Kauai Plant Restoring an endangered or the date specified above will be Cluster (USFWS 1995) is to provide a threatened animal or plant to the point considered prior to approval of this framework for the recovery of these 19 where it is again a secure, self- addendum. taxa so that their protection by the sustaining member of its ecosystem is a Endangered Species Act (ESA) is no Authority primary goal of the Fish and Wildlife longer necessary. The interim objective The authority for this action is section Service. To help guide the recovery is to stabilize all existing populations of 4(f) of the Endangered Species Act, 16 effort, the Service is working to prepare the Kauai II taxa. To be considered U.S.C. 1533(f). recovery plans for most of the listed stable, each taxon must be managed to species native to the United States. control threats (e.g., fenced) and be Dated: July 28, 1997. Recovery plans describe actions represented in an ex situ (such as a Thomas J. Dwyer, considered necessary for conservation of nursery or arboretum) collection. In Acting Regional Director, U.S. Fish and the species. Plans also establish criteria addition, a minimum total of three Wildlife Service, Region 1. for the recovery levels necessary for populations of each taxon should be [FR Doc. 97–22149 Filed 8–20–97; 8:45 am] downlisting or delisting the species. documented on Kauai, where they now BILLING CODE 4310±55±P They also provide an estimation of time occur or occurred historically. Each of and cost of implementing the recovery these populations must be naturally measures needed. reproducing and increasing in number, DEPARTMENT OF THE INTERIOR The Endangered Species Act of 1973, with a minimum of 25 mature as Amended (U.S.C. 1531 et seq.) (Act) individuals per population for long- Fish and Wildlife Service requires the development of recovery lived perennials (Hibiscadelphus Notice of Availability of a Draft plans for listed species, unless such a woodii, Hibiscus waimeae ssp. Recovery Plan for the Pedate plan would not promote the hannerae, Kokia kauaiensis, Labordia Checkermallow (Sidalcea Pedata) and conservation of a particular species. tinifolia var. wahiawaensis, Myrsine the Slender-Petaled Mustard Section 4(f) of the Act, as amended in linearifolia, Pritchardia napaliensis, (Thelypodium Stenopetalum) for 1988, requires that public notice, to Pritchardia viscosa) and a minimum of Review and Comment provide an opportunity for public 50 mature individuals per population review and comment, be given during for short-lived perennials AGENCY: Fish and Wildlife, Interior. plan development. The Service will (Alsinidendron lychnoides, ACTION: Notice of document availability. consider all significant information Alsinidendron viscosum, Cyanea recta, presented during a public comment Cyanea remyi, Cyrtandra cyaneoides, SUMMARY: The Fish and Wildlife Service period prior to the approval of each new Delissea rivularis, Phyllostegia announces the availability for public or revised Recovery Plan. The Service knudsenii, Phyllostegia wawrana, review of a draft recovery plan for two and other Federal agencies also will take Schiedea helleri, Schiedea plant species endemic to montane these comments into account in the membranacea, Schiedea stellarioides, meadow habitat in the San Bernardino course of implementing approved Viola kauaensis var. wahiawaensis). For Mountains of southern California. Both recovery plans. downlisting, a total of five to seven Sidalcea pedata (Pedate Both plant species addressed in the populations of each taxon should be Checkermallow) and Thelypodium draft recovery plan are endemic to the documented on Kauai where they now stenopetalum (Slender-petaled Mustard) Big Bear Valley region of the San Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44485

Bernardino Mountains, San Bernardino 970–240–5335; TDD 970–240–5366; e- council meeting will have a time County, California. Each species occurs mail [email protected] allocated for hearing public comments. on Federal, State, and private lands. SUPPLEMENTARY INFORMATION: The The public comment period for the Sidalcea pedata is a several stemmed September 11, 1997 meeting will begin council meeting is listed below. perennial 2–4 decimeters tall and at 9:00 a.m. at the BLM Montrose Depending on the number of persons Thelypodium stenopetalum is a simple- District Office, 2465 South Townsend, wishing to comment, and time available, stemmed biennial 3–8 decimeters tall. Montrose, Colorado. The agenda will the time for individual oral comments The plant species occur as components include introductions of new members, may be limited. Individuals who plan to in moist to wet montane meadow a presentation on BLM’s budget process, attend and need further information habitat associated with swales, an update on the activities of other about the meetings, or need special drainages and the shores of Big Bear and RACs, and discussions on the Gunnison assistance such as sign language Baldwin Lakes. Although commercial Gorge Fee Pilot, management of interpretation or other reasonable and residential development is wilderness study areas, and the accommodations, should contact Debra considered the primary threat to the two possibility of an all-Colorado RAC Kovar at the Shoshone Resource Area species, changes in surface hydrology, meeting. Time will be provided for Office, P. O. Box 2–B, Shoshone, ID, recreational activities and livestock public comments. 83352, (208) 886–7201. grazing also threaten these species. All Resource Advisory Council DATE AND TIME: Date is September 11, Protection and management of the meetings are open to the public. 1997, starts at 9:00 a.m. at the Snake species’ habitat are the primary goals of Interested persons may make oral River Resource Area Office at 15 East the recovery effort. statements to the Council, or written 200 South, Burley, Idaho. Public Public Comments Solicited statements may be submitted for the comments received from 10:00 to 10:30 Council’s consideration. If necessary, a a.m. The Service solicits written comments per-person time limit may be SUPPLEMENTARY INFORMATION: The on the recovery plan described. All established by the Montrose District purpose of the council is to advise the significant comments received by the Manager. Secretary of the Interior, through the date specified above will be considered Summary minutes for Council BLM, on a variety of planning and prior to the approval of the plan. meetings are maintained in the management issues associated with the Authority Montrose District Office and on the management of the public lands. World Wide Web at http:// FOR FURTHER INFORMATION: The authority for this action is section Contact www.co.blm.gov/mdo/ Debra Kovar, Shoshone Resource Area 4(f) of the Endangered Species Act of mdolswlrac.htm and are available for 1973, as amended (16 U.S.C. 1533(f)). Office, P. O. Box 2-B, Shoshone, ID public inspection and reproduction 83352, (208) 886–7201. Dated: August 15, 1997. within thirty (30) days following each Dated: August 12, 1997. David L. McMullen, meeting. Howard Hedrick, Acting Regional Director, Region 1, Portland, Dated: August 12, 1997. District Manager. Oregon. Mark W. Stiles, [FR Doc. 97–22148 Filed 8–20–97; 8:45 am] [FR Doc. 97–22198 Filed 8–20–97; 8:45 am] District Manager. BILLING CODE 4310±GG±P BILLING CODE 4310±55±P [FR Doc. 97–22196 Filed 8–20–97; 8:45 am] BILLING CODE 4310±JB±P DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR Bureau of Land Management DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY±921±41±5700; WYW135939] [CO±030±07±1820±00±1784] Bureau of Land Management

Southwest Resource Advisory Council [ID±990±1020±01] Notice of Proposed Reinstatement of Terminated Oil and Gas Lease Meeting Notice of Meeting Pursuant to the provisions of 30 AGENCY: Bureau of Land Management, AGENCY: Bureau of Land Management, U.S.C. 188 (d) and (e), and 43 CFR Interior. Interior. 3108.2–3 (a) and (b)(1), a petition for ACTION: Notice; Resource Advisory ACTION: Resource Advisory Council reinstatement of oil and gas lease Council meeting. meeting location and time. WYW135939 for lands in Washakie County, Wyoming, was timely filed and SUMMARY: In accordance with the SUMMARY: In accordance with the Federal Advisory Committee Act (5 was accompanied by all the required Federal Land Policy and Management rentals accruing from the date of USC), notice is hereby given that the Act and the Federal Advisory Southwest Resource Advisory Council termination. Committee Act of 1972 (FACA), 5 The lessee has agreed to the amended (Southwest RAC) will meet on U.S.C., the Department of the Interior, lease terms for rentals and royalties at Thursday, September 11, 1997, at the Bureau of Land Management (BLM) rates of $5.00 per acre, or fraction BLM Montrose District Office in council meeting of the Upper Snake thereof, per year and 162⁄3 percent, Montrose, Colorado. River Districts Resource Advisory respectively. DATES: The meeting will be held on Council will be held as indicated below. The lessee has paid the required $500 Thursday, September 11, 1997. The agenda includes the review of the administrative fee and $125 to ADDRESSES: For additional information, UCRB–EIS and implementation of the reimburse the Department for the cost of contact Roger Alexander, Bureau of healthy rangeland standard and this Federal Register notice. The lessee Land Management, Montrose District guidelines. All meetings are open to the has met all the requirements for Office, 2465 South Townsend Avenue, public. The public may present written reinstatement of the lease as set out in Montrose, Colorado 81401; telephone comments to the council. Each formal Section 31 (d) and (e) of the Mineral 44486 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

Lands Leasing Act of 1920 (30 U.S.C. except for lease under the Airport Act minerals in the lands would be reserved 188), and the Bureau of Land of May 24, 1928. The segregative effect to the United States. Detailed Management is proposing to reinstate will end upon issuance of the lease or information concerning the sale will be lease WYW135939 effective April 1, 1 year from the date of this publication, available to interested parties from the 1997, subject to the original terms and whichever occurs first. For a period of Richfield District Office, Bureau of Land conditions of the lease and the 45 days from the date of publication of Management, 150 East 900 North, increased rental and royalty rates cited this notice in the Federal Register, Richfield, Utah 84701. above. interested parties may submit comments For a period of 45 days from the date Pamela J. Lewis, regarding the proposed lease of the of publication of this notice in the Chief, Leasable Minerals Section. lands to the Field Manager, Yuma Field Federal Register, interested persons [FR Doc. 97–22190 Filed 8–20–97; 8:45 am] Office, 2555 East Gila Ridge Road, may submit comments regarding the BILLING CODE 4310±22±P Yuma, Arizona 85365. sale of the lands to the District Manager, EFFECTIVE DATE: In the absence of any Richfield District at the above address. objections, the decision to approve this In the absence of timely objections, this DEPARTMENT OF THE INTERIOR realty action will become the final proposal shall become the final determination of the Department of the determination of the Department of the Bureau of Land Management Interior. Interior. [AZ±050±07±1430±01; AZA±25117] FOR FURTHER INFORMATION CONTACT: Dated: August 13, 1997. Realty Specialist Dave Curtis, Yuma David R. Henderson, Arizona: Notice of Realty Action; Lease Field Office, 2555 East Gila Ridge Road, Associate District Manager. of Public Lands for Airport Purposes in Yuma, Arizona 85365, telephone (520) [FR Doc. 97–22191 Filed 8–20–97; 8:45 am] La Paz County, Arizona 317–3237. BILLING CODE 4310±DQ±P±M AGENCY: Bureau of Land Management, Dated: August 11, 1997. Interior. Maureen A. Merrell, ACTION: Notification of public lands for Program Manager. INTERNATIONAL TRADE Airport Purposes Lease. [FR Doc. 97–22126 Filed 8–20–97; 8:45 am] COMMISSION BILLING CODE 4310±32±M [Investigation 332±382] SUMMARY: The following described public lands in La Paz County, Arizona, The Likely Impact of U.S.±EU Sectoral have been examined and found suitable DEPARTMENT OF THE INTERIOR Trade Liberalization for lease under the provisions of the Act of May 24, 1928 (49 U.S.C. Appendices Bureau of Land Management AGENCY: United States International 211–213). The Town of Quartzsite [UT±050±1430±01±24±1A] Trade Commission. proposes to use the land for a ACTION: Institution of investigation and community airport. Notice of Realty Action scheduling of public hearing. Gila and Salt River Meridian, Arizona AGENCY: Bureau of Land Management, EFFECTIVE DATE: August 15, 1997. T. 4 N., R. 18 W., Interior. SUMMARY: Following receipt on August Sec. 19, those lands south of Interstate 10 ACTION: Notice of realty action. within lot 4, SE1⁄4SW1⁄4, S1⁄2SE1⁄4; 11, 1997, of a request from the Office of Sec. 30, lots 1 to 4, inclusive, E1⁄2, E1⁄2W1⁄2; SUMMARY: The following public lands in the U.S. Trade Representative (USTR), Sec. 31, lots 1 to 4, inclusive, E1⁄2, E1⁄2W1⁄2. Sevier and Piute Counties, Utah, have the Commission instituted investigation The area described contains approximately been examined and found suitable for No. 332–382, The Likely Impact of U.S.– 1,380 acres. sale utilizing non-competitive EU Sectoral Trade Liberalization, under SUPPLEMENTARY INFORMATION: The land procedures, at not less than the fair section 332(g) of the Tariff Act of 1930 is not required for any Federal purposes. market value. Authority for the sale is (19 U.S.C. 1332(g)). The lease is consistent with current Section 203 of the Federal Land Policy FOR FURTHER INFORMATION: Information Bureau planning for this area and would and Management Act of 1976 (FLPMA). on economic aspects of the investigation be in the public interest. The lease, The land will not be offered for sale may be obtained from Joseph Flynn, when issued, would be subject to the until at least 60 days after the date of Office of Economics (202–205–3251), following terms, conditions, and this notice. Salt Lake Meridian, Utah. T. Sandra Rivera, Office of Economics reservations: 30 S., R. 4 W. Section 23, SE1⁄4 SW1⁄4 (202–205–3007), or William Donnelly, 1. Provisions of the Airport Act of SW1⁄4 and T. 26 S., R. 1 W., Section 11, Office of Economics (202–205–3223), May 24, 1928, and to all applicable S1⁄2 NE1⁄4 NE1⁄4 SE1⁄4, containing 15.0 and on legal aspects, from William regulations of the Secretary of the acres. Gearhart, Office of the General Counsel Interior. SUPPLEMENTARY INFORMATION: Upon (202–205–3091). The media should 2. A 15-foot-wide right-of-way (AZA publication of this notice in the Federal contact Margaret O’Laughlin, Office of 22287) for a buried communication Register, the lands described above will External Relations (202–205–1819). cable. be segregated from all forms of Hearing impaired individuals are 3. A road right-of-way (AZPHX appropriation under the public land advised that information on this matter 086772) for a county road. laws, including the mining laws, can be obtained by contacting the TDD 4. A 50-foot-wide right-of-way (AZA pending disposition of this action or 270 terminal on (202–205–1810). 21968) for a natural gas pipeline. days from the date of publication of this BACKGROUND: The USTR’s letter DATES: On or before August 21, 1997, notice, whichever occurs first. requesting the investigation was the above described lands will be The land is being offered to Circleville received on August 11, 1997. The letter segregated from all forms of Town, Circleville, Utah, and Mr. Phillip noted that the United States and the appropriation under the public land Burr of Burrville, Utah, At not less than European Union (EU) have agreed to laws, including the general mining laws, the appraised fair market value. All conduct a joint study to consider the Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44487 potential effects of creating a closer conduct a liberalization simulation that interested persons. To be assured of economic integration between the U.S. encompasses, to the extent possible, all consideration by the Commission, and the EU. It also stated that the Office significant U.S. and EU trade barriers written statements relating to the of the U.S. Trade Representative and the (including those in the zero-for-zero Commission’s phase I report should be European Commission established an sectors identified in the Statement of submitted at the earliest practical date approach to the study involving Administration Action accompanying and should be received no later than focusing on sectors or issue areas that the Uruguay Round Agreements Act, but October 2, 1997, and written statements warrant analysis of the potential effects not listed above). The Commission will relating to the Commission’s phase II of the removal of barriers to U.S.–EU also provide, to the extent possible, an report should be submitted at the trade, while also assessing the broad analysis of trade liberalization of global earliest practical date and should be economic impact of such liberalization. electronic commerce, consistent with received no later than February 13, As requested by USTR, the the Administration’s objectives, during 1998. All submissions should be Commission in its report on the phase II. The Commission will not addressed to the Secretary, U.S. investigation will provide a study include actions resulting from final International Trade Commission, 500 E analyzing the likely impact on U.S. antidumping or countervailing duty St SW, Washington, DC 20436. commerce of potential U.S.–EU sectoral investigations in its analysis. Persons with mobility impairments trade liberalization. The sectors to be The Commission will provide the who will need special assistance in studied are (1) automobiles and light phase II report by April 30, 1998. gaining access to the Commission trucks, (2) biotechnology (utilized in the Public Hearing: A public hearing in should contact the Office of the production of goods), (3) chemicals, (4) connection with the investigation will Secretary at 202–205–2000. electronics, (5) non-ferrous metals, (6) be held in the Commission hearing Issued: August 15, 1997. paper and paper products, and (7) room, 500 E Street, SW, Washington, DC pharmaceuticals. 20436, beginning at 9:30 a.m. on By Order of the Commission. As requested, the Commission will September 23, 1997. Donna R. Koehnke, conduct the analysis in two phases: (1) All persons have the right to appear Secretary. in phase I it will seek to identify and by counsel or in person to present [FR Doc. 97–22095 Filed 8–20–97; 8:45 am] describe the most significant barriers to information and to be heard. Requests to BILLING CODE 7020±02±U trade and investment in the U.S. and EU appear at the public hearing should be for each study sector; and (2) in phase filed with the Secretary, United States II it will assess, wherever possible, the International Trade Commission, 500 E INTERNATIONAL TRADE likely impact of removing these barriers Street, SW, Washington, DC 20436 no COMMISSION on the individual study sectors and on later than COB, September 17, 1997. Sunshine Act Meeting the U.S. economy in general. Hearing statements should be filed not later than COB September 18, 1997. Any As requested, the phase I report will posthearing submissions must be filed TIME AND DATE: August 29, 1997 at 11:00 contain detailed descriptions of the not later than COB October 2, 1997. a.m. most significant U.S. and EU barriers to In the event that, as of COB trade and investment that the PLACE: Room 101, 500 E Street S.W., September 17, 1997, no witnesses have Commission has identified in the study Washington, DC 20436. filed a request to appear at the hearing, sectors, as well as a brief profile of U.S. STATUS: Open to the public. the hearing will be canceled. Any and EU trade and investment in each person interested in attending the MATTERS TO BE CONSIDERED: study sector. For each of the study hearing as an observer or non- 1. Agenda for future meeting: none sectors being examined, the participant may call the Secretary to the 2. Minutes Commission will provide, to the extent Commission (202–205–1816) after 3. Ratification List possible, the following information for September 17, 1997, to determine each barrier: 4. Inv. No. 731–TA–752 (Final) • whether the hearing will be held. Description of barrier, including Written Submissions: Interested (Crawfish Tail Meat from China)— administrative basis, if any; persons are invited to submit written briefing and vote. • Production and exports in the statements (one original and 14 copies) 5. Outstanding action jackets: affected sector or products; concerning the matters to be addressed 1. Document No. GC–97–044: • Qualitative information on the in the report. Commercial or financial Approval of disposition of civil penalty, effect of the barrier and its removal on information that a party desires the remedy, public interest, and bonding U.S. producers, exporters, and investors; Commission to treat as confidential issues in Inv. No. 337–TA–372 (Certain • A summary of past or ongoing must be submitted on separate sheets of Neodymium-Iron-Boron Magnets, efforts to remove a particular barrier, paper, each clearly marked Magnet Alloys, and Articles Containing e.g. the Uruguay Round; ‘‘Confidential Business Information’’ at Same (Enforcement)). • Relevant data on industry structure, the top. (Generally, submission of In accordance with Commission performance, employment, etc. separate confidential and public policy, subject matter listed above, not The Commission will provide the versions of the submission would be disposed of at the scheduled meeting, phase I report by November 21, 1997. appropriate.) All submissions requesting may be carried over to the agenda of the The phase II analysis will provide confidential treatment must conform following meeting. trade liberalization model simulations with the requirements of § 201.6 of the Issued: August 18, 1997. that assess the impact of the removal of Commission’s Rules of Practice and the barriers on the individual study Procedure (19 CFR 201.6). All written By order of the Commission. sectors and the U.S. economy in general, submissions, except for confidential Donna R. Koehnke, including information on the effects on business information, will be made Secretary. employment, output, trade, and prices. available in the Office of the Secretary [FR Doc. 97–22306 Filed 8–19–97; 8:45 am] In addition, the Commission will to the Commission for inspection by BILLING CODE 7020±02±U 44488 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

DEPARTMENT OF JUSTICE (30) days from the date of this create 3 acres of wetlands in the Neches publication. Comments should be River basin as compensation for natural Notice of Lodging of Consent Decree addressed to the Assistant Attorney resource damages suffered as a result of Pursuant to Comprehensive General, Environment and Natural a discharge of crude oil from a UNOCAL Environmental Response, Resources Division, U.S. Department of air eliminator discharge line on April Compensation, and Liability Act Justice, P.O. Box 7611, Ben Franklin 20, 1993, plus $20,000 in future (CERCLA) Station, Washington, D.C., 20044, and administrative costs. should refer to United States v. In accordance with Departmental Contemporaneously with lodging the Consolidation Coal Company, et al., policy, 28 CFR 50.7, and 42 U.S.C. Consent Decree, the United States and DOJ Number 90–11–2–1006. 9622(d)(2), notice is hereby given that the State of Texas jointly filed a Commenters may request an on August 12, 1997, a proposed Consent complaint alleging that UNOCAL is an opportunity for a public meeting in the Decree in United States v. Consolidation owner or operator of the facility that affected area, in accordance with Coal Company, et. al., Civil Action No. released the crude oil within the Section 7003(d) of the Resource C2–94–785, was lodged with the United meaning of the OPA. Conservation and Recovery Act, 42 States District Court for the Southern The Department of Justice will U.S.C. 6973(d). District of Ohio, Eastern Division. The receive, for a period of thirty (30) days The proposed Consent Decree may be from the date of this publication, proposed Consent Decree resolves the examined at any of the following offices: United States pending cost-recovery comments relating to the proposed (1) The Office of the United States Consent Decree. Comments should be claims under Section 107 of the Attorney, Southern District of Ohio, 280 Comprehensive Environmental addressed to the Assistant Attorney N. High Street, 4th Floor, Columbus, OH General for the Environment and Response, Compensation, and Liability (614) 469–5715; (2) the U.S. Act (‘‘CERCLA’’), 42 U.S.C. 9607, as Natural Resources Division, Department Environmental Protection Agency, of Justice, Washington, D.C. 20530, and well as claims under CERCLA Section Region 5, 77 W. Jackson Blvd., Chicago, 106, 42 U.S.C. 9606, for implementation should refer to United States v. Illinois 60604, (312) 886–6842; (3) the UNOCAL, DOJ Reference Number 90–5– of remedial action relating to the Consent Decree Library, 1120 G Street, Buckeye Reclamation Landfill Site (the 1–1–4340. N.W., 4th Floor, Washington, D.C. The proposed Consent Decree may be ‘‘Site’’), located in Richland Township, 20005, (202) 624–0892. Copies of the examined at the Consent Decree Library, Belmont County, Ohio. proposed Decree may be obtained by The Site is a 658-acre property that 1120 G Street, N.W., 4th Floor, mail from the Consent Decree Library, was a disposal area for mine refuse until Washington, D.C. 20005, (202) 624– 1120 G Street, N.W., 4th Floor, the early 1950s. In 1973, approximately 0892. Washington, D.C. 20005. For a copy of 50 acres of the Site was licensed as a A copy of the proposed Consent the Consent Decree (without public sanitary landfill. The facility Decree may be obtained in person or by attachments), please enclose a check for accepted municipal waste from local mail from the Consent Decree Library, $25.50 ($.25 per page reproduction municipalities and villages, but also 1120 G Street, N.W., 4th Floor, charge) payable to ‘‘Consent Decree received industrial sludge and liquids. Washington, D.C. 20005. In requesting a Library.’’ The estimated total volumes of copy please refer to the referenced case industrial waste received are 4.7 million Bruce S. Gelber, and enclose a check in the amount of gallons of liquid and 3,300 tons of Deputy Chief, Environmental Enforcement $3.50 (25 cents per page reproduction industrial solid wastes. The Site was Section, Environment and Natural Resources. costs), payable to the Consent Decree listed on the National Priorities List on [FR Doc. 97–22194 Filed 8–20–97; 8:45 am] Library. September 9, 1983. BILLING CODE 4410±15±M Walker Smith, The settling defendants (collectively, Deputy Chief, Environmental Enforcement the ‘‘Settlors’’) are four owner/operators Section, Environment and Natural Resources (Belmont County, Consolidation Coal DEPARTMENT OF JUSTICE Division. [FR Doc. 97–22195 Filed 8–20–97; 8:45 am] Company, Cravat Coal Company, and Notice of Lodging of Consent Decree Ohio Resources Corp.) and 10 generators Pursuant to the Oil Pollution Act of BILLING CODE 4410±15±M (Allegheny Ludlum Corporation, 1990 Aristech Chemical Corporation, Ashland, Inc., Beazer East, Inc., Notice is hereby given that a proposed DEPARTMENT OF JUSTICE National Steel Corporation, The Consent Decree in United States v. Antitrust Division Pullman Company, SKF USA, Inc., UNOCAL Civil Action #H–97–2678 was Triangle Wire & Cable, Inc., USX lodged on August 5, 1997, with the Notice Pursuant to the National Corporation, and Wheeling-Pittsburgh United States District Court for the Cooperative Research and Production Steel Corporation). The Settlors agree in Southern District of Texas, Houston Act of 1993ÐNational Center for the proposed Consent Decree to Division. The parties to the Consent Manufacturing Sciences, Inc. (Spindles implement the clean up at the Site Decree are the United States, on behalf Project) consistent with the Record of Decision of the Secretary of the Department of the dated August 19, 1991, as modified by Interior (‘‘DOI’’ or ‘‘Federal Trustee’’) Notice is hereby given that, on July 8, the Explanation of Significant and the State of Texas on behalf of the 1997, pursuant to Section 6(a) of the Differences dated July 17, 1997 Texas General Land Office (‘‘TGLO’’), National Cooperative Research and (collectively, the ‘‘ROD’’) at an the Texas Natural Resource Production Act of 1993, 15 U.S.C. estimated cost of $26 million; and to Conservation Commission (‘‘TNRCC’’), § 4301 et seq. (‘‘the Act’’), the National reimburse EPA all future oversight costs and the Texas Parks and Wildlife Center for Manufacturing Sciences, Inc. in excess of $300,000. Department (‘‘TPWD’’) (collectively, (‘‘NCMS’’) has filed written notifications The Department of Justice will receive ‘‘State Trustees’’) and UNOCAL. Under simultaneously with the Attorney comments concerning the proposed the terms of the Consent Decree, General and the Federal Trade Consent Decree for a period of thirty UNOCAL agrees to pay $200,000 to Commission disclosing changes in its Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44489 membership status. The notifications information collection request (ICR) can and national origin information only were filed for the purpose of extending be obtained by contacting the office occurs at the point of hiring. DOL needs the Act’s provisions limiting the listed below in the addresses section of to collect data on the pools of applicants recovery of antitrust plaintiffs to actual this notice. which result from the various targeted damages under specified circumstances. DATES: Written comments must be recruitment strategies listed above. After Specifically, the following company, submitted to the office listed in the the certification and selection process ORSCO, Inc., Madison Heights, MI, is addressee section below on or before has been completed, it is necessary to no longer a participant in the ‘‘Spindles October 20, 1997. The Department of verify individual applications by name Project.’’ Labor is particularly interested in and social security number within a No other changes have been made in comments which: merit staffing file in order to analyze the either the membership or planned • Evaluate whether the proposed data collected. With the information activity of the group research project. collection of information is necessary from this new collection, DOL can Membership in this group research for the proper performance of the adjust and redirect its targeted project remains open, and NCMS functions of the agency, including recruitment to achieve the best result. intends to file additional written whether the information will have DOL will also be able to respond to notification disclosing all changes in practical utility; requests for information received from membership. • Evaluate the accuracy of the OPM in the course of OPM’s evaluation On February 20, 1987, NCMS filed its agency’s estimate of the burden of the and oversight activities. original notification pursuant to Section proposed collection of information, II. Current Actions 6(a) of the Act. The Department of including the validity of the Justice published a notice in the Federal methodology and assumptions used; This new collection will consist of a Register pursuant to Section 6(b) of the • Enhance the quality, utility, and series of questions to be answered by all Act on March 17, 1987 (52 FR 8375). clarity of the information to be job applicants external to DOL, and On June 6, 1994, NCMS filed its collected; and submitted together with the job original (‘‘Spindle Project’’) notification • Minimize the burden of the application. The collection will request pursuant to Section 6(a) of the Act. The collection of information on those who the applicant’s name, sex, race and/or Department of Justice published a notice are to respond, including through the national origin, whether or not disabled, in the Federal Register pursuant to use of appropriate automated, and the source of information about the Section 6(b) of the Act on July 15, 1994 electronic, mechanical, or other vacancy applied for (e.g., newspaper, (59 FR 36218). technological collection techniques or school recruitment, internet, etc.) Constance K. Robinson, other forms of information technology, Type of Review: New. Director of Operations, Antitrust Division. e.g., permitting electronic submissions Agency: U.S. Department of Labor. [FR Doc. 97–22129 Filed 8–20–97; 8:45 am] of responses. BILLING CODE 4410±11±M ADDRESSES: Anderson Glasgow, U.S. Title: Applicant Background Department of Labor, Human Resources Questionnaire. Services Center, 200 Constitution Ave. Agency Number: 1225–0000. DEPARTMENT OF LABOR N.W. Room C–5516, Washington, D.C. Affected Public: Applicants for 20210; Phone: 202–219–6555 ext. 115; positions in the Department of Labor Office of the Secretary fax: 202–219–5820; internet: who are not current DOL employees. [email protected]. Proposed Collection; Comment Total Respondents: 5000 per year Request SUPPLEMENTARY INFORMATION: (estimate). I. Background Frequency: one time per respondent. ACTION: Notice. The Department of Labor, as part of its Total Responses: 5000 per year SUMMARY: The Department of Labor, as obligation to provide equal employment (estimate). part of its continuing effort to reduce opportunities, is charged with ensuring Average Time per Response: 5 paperwork and respondent burden that qualified individuals in groups that minutes. conducts a preclearance consultation have historically been underrepresented Estimated Total Burden Hours: 417 program to provide the general public in various employments, are included in hours. and Federal agencies with an applicant pools for Department opportunity to comment on proposed positions. See 5 U.S.C. 7201(c); 29 Total Burden Cost (capital/startup): an/or continuing collections of U.S.C. 791; 29 U.S.C. 2000e–16; 5 C.F.R. $2285. information in accordance with the 720.204; 29 C.F.R. 1614.101(a). To Total Burden Cost (operating/ Paperwork Reduction Act of 1995 achieve this goal, DOL employment maintaining): $2238. (PRA95) (44 U.S.C. 3506(c)(2)(A). This offices have outreach to a variety of Comments submitted in response to program helps to ensure that requested sources, including educational this comment request will be data can be provided in the desired institutions, professional organizations, summarized and/or included in the format, reporting burden (time and newspapers and magazines. DOL has request for Office of Management and financial resources) is minimized, also participated in career fairs and Budget approval of the information collection instruments are clearly conferences, that reach high collection request; they will also understood, and the impact of collection concentrations of Hispanics, African become a matter of public record. requirements on respondents can be Americans, Native Americans, and properly assessed. Currently, the persons with disabilities. Dated: August 18, 1997. Department of Labor is soliciting At the present, DOL does not have the Larry K. Goodwin, comments concerning the proposed new ability to evaluate the effectiveness of Director of Human Resources. collection, the Applicant Background any of these targeted recruiting [FR Doc. 97–22251 Filed 8–20–97; 8:45 am] Questionnaire. A copy of the proposed strategies because collection of racial BILLING CODE 4510±23±M 44490 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

NATIONAL AERONAUTICS AND (c) Jet Propulsion Laboratory, Visitors The activities would be designed to SPACE ADMINISTRATION Lobby, Building 249, 4800 Oak Grove demonstrate the technology maturity Drive, Pasadena, CA 91109 (828–354– levels necessary to reduce the [Notice (97±111)] 5179). development risk of the selected National Environmental Policy Act; (d) Huntsville Library, 915 Monroe propulsion system(s) to an acceptable Advanced Space Transportation Street, SW, Huntsville, AL 35801. level and to produce a highly operable, Program (e) Huntsville Library, Madison high thrust-to-weight propulsion Branch, 181, Hughes Road, Suite 6, system(s). Therefore, NASA is AGENCY: National Aeronautics and Madison, AL 35758. proposing to develop and test liquid Space Administration (NASA). (f) Triana Town Hall, 101 Main Street, engines and components that could be ACTION: Notice of availability of final Triana, AL 35758. used in the final configuration(s) of a environmental impact statement (FEIS) (g) Hancock County Library, 312, new space vehicle(s). Engines under for the Engine Technology Support for Highway 90, Bay St. Louis, MS 39520. consideration would use liquid oxygen NASA’s Advanced Space (h) Margaret Reed Crosby Memorial as the oxidizer. The fuel would be Transportation Program. Library, 900 Goodyear Boulevard, liquid hydrogen, kerosene, or a Picayune, MS 39466 combination of the two. NASA’s SUMMARY: Pursuant to the National (i) St. Tammany Parish Library, 555 preferred alternative is to primarily Environmental Policy Act of 1969 Robert Avenue, Slidell, LA 70458 conduct the propulsion testing at SSC (NEPA), as amended (42 U.S.C. 4321 et (j) Palmdale City Library, 700 East with some engine system component seq.), the Council on Environmental Palmdale Boulevard, Palmdale, testing at MSFC. Quality Regulations for Implementing California 93550 The reasonable alternative under the Procedural Provisions of NEPA (40 In addition, the FEIS may be consideration for testing these engines CFR parts 1500–1508), and NASA examined at the following NASA include, but are not limited to, those policy and procedures (14 CFR part locations by contacting the pertinent located at MSFC and SSC. Existing test 1216, subpart 1216.3), NASA has Freedom of Information Act Office: facilities at these two NASA Centers prepared and issued a FEIS for the (d) NASA, Ames Research Center, may need to be upgraded to Engine Technology Support of NASA’s Moffett Field, CA 94035 (415–604– accommodate objectives. Modifications Advanced Space Transportation 4190). may include addition of a kerosene tank Program. The proposed action by NASA (e) NASA, Dryden Flight Research on the test stand(s), a common is to test new and advanced engines, Center, Edwards, CA 93523 (805–258– structural and functional interface, and components, and to modify facilities to 3448). an engine mounting adapter. Many support the programmatic development (f) NASA, Goddard Space Flight aspects of the program would be similar of future launch vehicles. NASA is Center, Greenbelt, MD 20771 (301–286– to test activities of propulsion considering a wide variety of liquid- undertaken in the 1960’s associated fueled engines to accommodate the 0730). (g) NASA, Johnson Space Center, with the Apollo program. propulsion requirements of new space All test facilities at MSFC are located vehicle(s). The primary sites being Houston, TX 77058 (713–483–8612). (h) NASA, Langley Research Center, in the southern portion of the Center evaluated for the testing activities are and in the center of Redstone Arsenal’s NASA’s Marshall Space Flight Center Hampton, VA 23665 (757–864–2497). (i) NASA, Lewis Research Center, 15,400 hectares (38,000 acres). The (MSFC) in Huntsville, Alabama, and closest private property is John C. Stennis Space Center (SSC) in 21000 Brookpark Road, Cleveland, OH 44135 (216–433–2222). approximately 4 kilometers (2.4 miles) Hancock, Mississippi. In addition, from the proposed MSFC test facilities. Edwards Air Force Base near Lancaster (j) NASA, Marshall Space Flight Center, AL 35812 (205–544–0031). SSC occupies 5,585 hectares (13,800 County, California, is also being acres) and is surrounded by 50,616 considered as a potential test site. (k) NASA, Stennis Space Center, MS 39529 (601–688–2164). hectares (125,071 acres) of acoustical DATES: NASA will take no final action Limited copies of the FEIS are buffer zone primarily in western on the proposed testing of new and available, on a first request basis, by Hancock County, Mississippi and advanced engines, components, and contacting Dr. Rebecca McCaleb, eastern St. Tammany Parish, Louisiana. modification of facilities for the Engine Alternatives for this proposal include, Director, Environmental Engineering Technology Support for NASA’s but are not necessarily limited to: (1) and Management Office, Code AE01, Advanced Space Transportation Alternative test sites; (2) test facility Marshall Space Flight Center, Alabama Program before September 22, 1997, or construction and modification options; at the address or telephone number 30 days from the date of publication in (3) fuels, engines and components; (4) indicated below. the Federal Register of the U.S. disapproval of the proposed activities Environmental Protection Agency’s FOR FURTHER INFORMATION CONTACT: (‘‘no action’’). notice of availability of the Engine Dr. Rebecca McCaleb, Director, The FEIS considers potential Technology Support for NASA’s Environmental Engineering and environmental impacts associated with Advanced Space Transportation Management Office, Code AE01, the proposed testing activities and any Program FEIS, whichever is later. Marshall Space Flight Center, needed construction or modification of ADDRESSES: The FEIS may be reviewed Huntsville, AL 35812; telephone 205– facilities. The areas of potential at the following locations: 544–4367; or Mr. Ron Magee, environmental concern include (a) NASA Headquarters, Library, Environmental Officer, Code GAOO, primarily impact on air quality and from Room 1J20, 300 E Street SW, Stennis Space Center, MS 39529; noise. However, analyses indicate that Washington, DC 20546. telephone 601–688–7384. air quality will remain within the (b) Spaceport U.S.A., Room 2001, SUPPLEMENTARY INFORMATION: To meet National Ambient Air Quality Standards John F. Kennedy Space Center, FL the technical and programmatic at both MSFC and SSC. If MSFC and or 32899. Please call Lisa Fowler challenges of developing a new space SSC were selected, no substantial beforehand at 407–867–2497 so that vehicle(s), key advanced technologies in environmental impact is anticipated on arrangements can be made. propulsion systems need to be explored. biological resources, threatened and Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44491 endangered species, cultural resources, —Review of Task Force Fact-Finding the scheduling priorities of the key wetlands, or recreational or scenic areas. meeting held in Houston, Texas, participants. No facilities would be constructed August 25, 1997; Dated: August 13, 1997. —Review of joint meeting with Russia’s within the 100 year flood plain. Leslie M. Nolan, Comments on the draft environmental Advisory Expert Council, September Advisory Committee Management Officer. impact statement were solicited from 15–19, 1997, Moscow, Russia. Federal, State and local agencies, It is imperative that the meeting be [FR Doc. 97–22098 Filed 8–20–97; 8:45 am] organizations, and members of the held on these dates to accommodate the BILLING CODE 7510±01±M general public through: (a) Notices scheduling priorities of the key published in the Federal Register— participants. Visitors will be requested NATIONAL AERONAUTICS AND NASA notice on November 14, 1996 (61 to sign a visitors register. SPACE ADMINISTRATION FR 58426), and U.S. Environmental Dated: August 14, 1997. Protection Agency notice on November Leslie M. Nolan, [Notice (97±121)] 15, 1996 (61 FR 58548). Comments Advisory Committee Management Officer. received have been addressed in the [FR Doc. 97–22080 Filed 8–20–97; 8:45 am] NASA Advisory Council, Aeronautics FEIS. BILLING CODE 7510±01±M and Space Transportation Technology Benita A. Cooper, Advisory Committee, Flight Research Associate Administrator for Management Subcommittee; Meeting Systems and Facilities. NATIONAL AERONAUTICS AND [FR Doc. 97–22252 Filed 8–20–97; 8:45 am] SPACE ADMINISTRATION AGENCY: National Aeronautics and BILLING CODE 7510±01±M [Notice 97±118] Space Administration. ACTION: Notice of meeting. NASA Advisory Council (NAC), NATIONAL AERONAUTICS AND Aeronautics and Space Transportation SPACE ADMINISTRATION SUMMARY: In accordance with the Technology Advisory Committee Federal Advisory Committee Act, Pub. [Notice 97±115] (ASTTAC); Propulsion Systems L. 92–463, as amended, the National Subcommittee; Meeting Aeronautics and Space Administration NASA Advisory Council (NAC), Task AGENCY: National Aeronautics and announces a NASA Advisory Council, Force on International Space Station Space Administration. Aeronautics and Space Transportation Operational Readiness, Task Force on ACTION: Notice of meeting. Technology Advisory Committee, Flight Shuttle-Mir Rendezvous and Docking Research Subcommittee meeting. Missions; Meeting SUMMARY: In accordance with the DATES: Federal Advisory Committee Act, Pub. September 23, 1997, 8:00 a.m. to AGENCY: National Aeronautics and L. 92–463, as amended, the National 5 p.m.; and September 24, 1997, 8:00 Space Administration. Aeronautics and Space Administration a.m. to 5 p.m. ACTION: Notice of meeting. announces a NAC, Aeronautics and ADDRESSES: National Aeronautics and SUMMARY: In accordance with the Space Transportation Technology Space Administration, Dryden Flight Federal Advisory Committee Act, Pub. Advisory Committee, Propulsion Research Center, Building 4800, L. 92–463, as amended, the National System Subcommittee meeting. Executive Council Room, Edwards, CA Aeronautics and Space Administration DATES: September 15, 1997, 8:00 a.m. to 93535. announces a meeting of the NAC Task 5 p.m., September 16, 1997. 8:00 a.m. to FOR FURTHER INFORMATION CONTACT: Force on International Space Station 5 p.m., and September 17, 1997, 8:00 a.m. to 5 p.m. Mr. Dwain A. Deets, National Operational Readiness and Task Force Aeronautics and Space Administration, ADDRESSES: National Aeronautics and on Shuttle-Mir Rendezvous and Docking Dryden Flight Research Center, Space Administration, Lewis Research Missions. Edwards, CA 93523, 805/258–3136. DATES: September 24, 1997, 2:00 p.m. to Center, Building 3, Room 215, 21000 5:00 p.m. Brookpark Road, Cleveland, OH 44135. SUPPLEMENTARY INFORMATION: The FOR FURTHER INFORMATION CONTACT: Dr. meeting will be open to the public up ADDRESSES: National Aeronautics and to the seating capacity of the room. Space Administration, Room 7W31, 300 Carol J. Russo, National Aeronautics and Agenda topics for the meeting are as E Street, S.W., Washington, DC 20546– Space Administration, Lewis Research follows: 0001. Center, 21000 Brookpark Road, Cleveland, OH 44135, 216/433–2965.. FOR FURTHER INFORMATION CONTACT: Mr. —Overview of Restructured Program SUPPLEMENTARY INFORMATION: The Dennis McSweeney, Code IH, National —Review of Flight Research R&T Base meeting will be open to the public up Aeronautics and Space Administration, Program to the seating capacity of the room. The Washington, DC 20546–0001, 202/358– agenda for the meeting is as follows: —Review of Flight Projects 4556. —NASA Aeronautics Program It is imperative that the meeting be SUPPLEMENTARY INFORMATION: This Overviews held on these dates to accommodate the meeting will be open to the public up —NASA Lewis Aeropropulsion scheduling priorities of the key to the seating capacity of the room. The Overview participants. Visitors will be requested agenda for the meeting is as follows: —Propulsion Systems Research Program to sign a visitors register. —Review the readiness of the STS–86 Reviews Shuttle-Mir Rendezvous and Docking —Review of Aeroacoustics and Dated: August 13, 1997. Mission; Emissions Work Leslie M. Nolan, —Review of Task Force Fact-Finding —Restructured Base Overview Advisory Committee Management Officer. meeting held in Denver, Colorado, It is imperative that the meeting [FR Doc. 97–22101 Filed 8–20–97; 8:45 am] July 23–24, 1997; beheld on these dates to accommodate BILLING CODE 7510±01±M 44492 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

NATIONAL AERONAUTICS AND NATIONAL AERONAUTICS AND NATIONAL AERONAUTICS AND SPACE ADMINISTRATION SPACE ADMINISTRATION SPACE ADMINISTRATION [Notice 97±116] [Notice 97±117] [Notice 97±119] NASA Advisory Council, Life and NASA Advisory Council, Life and Microgravity Sciences and Microgravity Sciences and NASA Advisory Council, Life and Applications Advisory Committee, Life Applications Advisory Committee, Microgravity Sciences and and Biomedical Sciences and Aerospace Medicine and Occupational Applications Advisory Committee, Applications Advisory Subcommittee; Health Advisory Subcommittee; Commercial Advisory Subcommittee; Meeting Meeting Meeting AGENCY: National Aeronautics and AGENCY: National Aeronautics and AGENCY: National Aeronautics and Space Administration. Space Administration. Space Administration. ACTION: Notice of meeting. ACTION: Notice of meeting. ACTION: Notice of meeting. SUMMARY: In accordance with the SUMMARY: In accordance with the Federal Advisory Committee Act, Pub. Federal Advisory Committee Act, Pub. SUMMARY: L. 92–463, as amended, the National In accordance with Federal L. 92–463, as amended, the National Advisory Committee Act, Pub. L. 92– Aeronautics and Space Administration Aeronautics and Space Administration 463, as amended, the National announces a meeting of the NASA announces a meeting of the NASA Aeronautics and Space Administration Advisory Council, Life and Microgravity Advisory Council, Life and Microgravity Sciences and Applications Advisory Sciences and Applications Advisory announces a meeting of the NASA Committee, Life and Biomedical Committee, Aerospace Medicine and Advisory Council, Life and Microgravity Sciences and Applications Advisory Occupational Health Advisory Sciences and Applications Advisory Subcommittee Meeting. Subcommittee. Committee, Commercial Advisory DATES: September 10, 1997, 8:30 a.m. to DATES: September 10, 1997, 8:30 a.m. to Subcommittee. 5:00 p.m. 5:00 p.m. DATES: September 10, 1997, 8:30 a.m. to ADDRESSES: National Aeronautics and ADDRESSES: NASA Headquarters, Room 5:30 p.m. Space Administration Headquarters, 300 MIC–6, 300 E Street, SW, Washington, ADDRESSES: E Street, SW, Program Review Center, DC 20546. NASA Headquarters, Room Room 9H40, Washington, DC 20546. FOR FURTHER INFORMATION CONTACT: 7H46, 300 E Street SW, Washington DC Dr. Sam L. Pool, Code SD, Lyndon B. 20546 FOR FURTHER INFORMATION CONTACT: Dr. Johnson Space Center, National Frank M. Sulzman, Code UL, National FOR FURTHER INFORMATION CONTACT: Ms. Aeronautics and Space Administration, Aeronautics and Space Administration, Candace Livingston, Code UX, National Houston, TX 77058, 281–483–7109. Washington, DC 20546, 202/358–0220. Aeronautics and Space Administration, SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION: The meeting will be open to the public up Washington, DC 20546, 202/358–0697. meeting will be closed to the public to the seating capacity of the room. The SUPPLEMENTARY INFORMATION: The from 1:00 p.m. to 2:00 p.m. in agenda for the meeting is as follows: accordance with 5 U.S.C. 522b (c)(6), to meeting will be open to the public up —Ethics Briefing to the seating capacity of the room. allow for discussion on Committee —Report on the Status of Medical membership. The remainder of the Advance notice of attendance to the Support for Long Duration Missions Executive Secretary is requested. The meeting will be open to the public up —Report on Occupational Health agenda for the meeting will include: to the seating capacity of the room. The Transfer to Kennedy Space Center agenda for the meeting is as follows: —Status of National Space Biomedical —Overview of Space Development and —Update: Office of Life & Microgravity Research Institute Commercial Research Activities —Status of Shuttle/Mir Missions Sciences and Applications, Life —Overview of Commercial Space Sciences Division —International Space Station Strategies —Radiation Update for Medical Operations Center Activities —Interagency Update —Proposed Office of Life and —Roles and Responsibilities of the —Changes in Shuttle/Station Manifest Microgravity Sciences and Subcommittee —Biology Pillars Discussion Applications and Aerospace Medicine —Commercial Issues —Closed Session on Membership Division Budget —Discussion of Committee Findings —Summary of Findings and It is imperative that the meeting be and Recommendations Recommendations held on these dates to accommodate the —Subcommittee Report Review —Discussion of Action Items scheduling priorities of the key It is imperative that the meeting be It is imperative that the meeting be participants. Visitors will be requested held on this date to accommodate the held on this date to accommodate the to sign a visitor’s register. scheduling priorities of the key scheduling priorities of the key participants. Visitors will be required to participants. Visitors will be requested Dated: August 13, 1997. sign a visitor’s register. to sign a visitor’s register. Leslie M. Nolan, Dated: August 14, 1997. Dated: August 13, 1997. Advisory Committee Management Officer, Leslie M. Nolan, Leslie M. Nolan, National Aeronautics and Space Advisory Committee Management Officer, Advisory Committee Management Officer, Administration. National Aeronautics and Space National Aeronautics and Space [FR Doc. 97–22099 Filed 8–20–97; 8:45 am] Administration. Administration. BILLING CODE 7510±01±M [FR Doc. 97–22096 Filed 8–20–97; 8:45 am] [FR Doc. 97–22097 Filed 8–20–97; 8:45 am] BILLING CODE 7510±01±M BILLING CODE 7510±01±M Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44493

NATIONAL AERONAUTICS AND ACTION: Notice of meeting. SUMMARY: The Civil Service Reform Act SPACE ADMINISTRATION of 1978, Pub. L. 95–454 (Section 405) SUMMARY: In accordance with the requires that appointments of individual [Notice 97±120] Federal Advisory Committee Act, Pub. members to a Performance Review L. 92–463, as amended, the National NASA Advisory Council (NAC), Space Board be published in the Federal Aeronautics and Space Administration Register. Science Advisory Committee (SScAC); announces a forthcoming meeting of the Meeting The performance review function for NASA Advisory Council, Space Science the Senior Executive Service in the AGENCY: National Aeronautics and Advisory Committee, ORIGINS National Aeronautics and Space Space Administration. Subcommittee. Administration is being performed by ACTION: Notice of meeting. DATES: Tuesday, September 16, 1997, the NASA Performance Review Board 8:30 a.m. to 5:00 p.m.; and Wednesday, (PRB) and the NASA Senior Executive SUMMARY: In accordance with the September 17, 1997, 8:30 a.m. to 5:00 Committee. The latter performs this Federal Advisory Committee Act, Pub. p.m. function for senior executives who L. 92–463, as amended, the National ADDRESSES: NASA Headquarters, report directly to the Administrator or Aeronautics and Space Administration Conference Room MIC 6–A/B West, 300 the Deputy Administrator and members announces a forthcoming meeting of the E Street, SW, Washington, DC 20546. of the PRB. The following individuals NASA Advisory Council, Space Science FOR FURTHER INFORMATION CONTACT: are serving on the Board and the Advisory Committee. Dr. Edward J. Weiler, Code SA, National Committee: DATES: Monday, September 22, 1997, Aeronautics and Space Administration, 8:30 a.m. to 5:00 p.m.; Tuesday, Washington, DC 20546, 202/358–2150. Performance Review Board September 23, 1997, 8:30 a.m. to 5:00 SUPPLEMENTARY INFORMATION: The Robert E. Whitehead, Chairperson, p.m.; Wednesday, September 24, 1997, meeting will be closed to the public on Associate Administrator for 8:30 a.m. to 2:30 p.m. Wednesday, September 17, 1997, from Aeronautics and Space Transportation ADDRESSES: Room MIC 7, NASA 8:30 a.m. to 9:00 a.m. in accordance Technology, NASA Headquarters Headquarters, 300 E Street, SW, with 5 U.S.C. 522b(c)(6), to allow for John T. Pennington, Executive Washington, DC 20546. discussion on qualifications of Secretary, Chief, Agency Executive FOR FURTHER INFORMATION CONTACT: individuals being considered for Personnel Branch, NASA Dr. Guenter R. Riegler, Code SR, membership to the Committee. The Headquarters National Aeronautics and Space remainder of the meeting will be open Vicki A. Novak, Director, Personnel Administration, Washington, DC 20546, to the public up to the capacity of the Division, NASA Headquarters 202/358–1588. room. The agenda for the meeting Robert M. Stephens, Deputy General SUPPLEMENTARY INFORMATION: The includes the following topics: Counsel, NASA Headquarters meeting will be open to the public up —ORIGINS Programmatic Update Oceola S. Hall, Deputy Associate to the capacity of the room. The agenda —Institute Concepts/Status Administrator for Equal Opportunity for the meeting is as follows: —Astrobiology-Underlying Concepts Programs, NASA Headquarters Michael A. Greenfield, Deputy —Status of prior SScAC —Astrobiology-Management/CAN Status Associate Administrator for Safety recommendations and Mission Assurance, NASA —Subcommittee Business —ORIGINS Institutes —Results from the OSS Strategic —OSS Strategic Plan/Status Headquarters —ORIGINS Roadmap: Issues & Gregory M. Reck, Deputy Chief Planning Meeting —Current OSS Strategic Plan Implementation Technologist, NASA Headquarters —JPL Interferometry Program/Status Richard J. Wisniewski, Deputy It is imperative that the meeting be It is imperative that the meeting be Associate Administrator for Space held on these dates to accommodate the held on these dates to accommodate the Flight, NASA Headquarters scheduling priorities of the key scheduling priorities of the key William F. Townsend, Deputy Associate participants. Visitors will be requested participants. Visitors will be requested Administrator for Mission to Planet to sign a visitor’s register. to sign a visitor’s register. Earth (Programs), NASA Headquarters Dated: August 13, 1997. Dated: August 15, 1997. Earle K. Huckins, Deputy Associate Leslie M. Nolan, Administrator for Space Science, Leslie M. Nolan, Advisory Committee Management Officer, NASA Headquarters Advisory Committee Management Officer, National Aeronautics and Space Geoffrey H. Vincent, Deputy Associate National Aeronautics and Space Administration. Administration. Administrator for Public Affairs, [FR Doc. 97–22100 Filed 8–20–97; 8:45 am] NASA Headquarters [FR Doc. 97–22253 Filed 8–20–97; 8:45 am] BILLING CODE 7510±01±M Martin P. Kress, Deputy Director, NASA BILLING CODE 7510±01±M Lewis Research Center James L. Jennings, Deputy Director for NATIONAL AERONAUTICS AND NATIONAL AERONAUTICS AND Business Operations, NASA Kennedy SPACE ADMINISTRATION SPACE ADMINISTRATION Space Center William E. Berry, Acting Deputy [Notice 97±122] [Notice (97±123)] Director, NASA Ames Research NASA Advisory Council (NAC), Space Center Performance Review Board, Senior Carolyn S. Griner, Deputy Director, Science Advisory Committee (SScAC), Executive Service Astronomical Search for Origins and NASA Marshall Space Flight Center Planetary Systems (ORIGINS) AGENCY: National Aeronautics and Senior Executive Committee Subcommittee; Meeting Space Administration (NASA). J.R. Dailey, Chairperson, Associate ACTION: Notice of Membership of SES AGENCY: National Aeronautics and Deputy Administrator, NASA Performance Review Board. Space Administration. Headquarters 44494 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

Vicki A. Novak, Executive Director, Plant, Units 1 and 2. The licenses III Personnel Division, NASA provide, among other things, that the The SNM that could be assembled Headquarters licensee is subject to all rules, into a critical mass at St. Lucie, Units 1 Michael I. Mott, Associate Deputy regulations, and orders of the and 2, is in the form of nuclear fuel; the Administrator (Technical), NASA Commission now or hereafter in effect. quantity of SNM other than fuel that is Headquarters The facility consists of two stored on site is small enough to Robert E. Whitehead, Associate pressurized-water reactors at the preclude achieving a critical mass. The Administrator for Aeronautics and licensee’s site located in St. Lucie Commission’s technical staff has Space Transportation Technology, County, Florida. evaluated the possibility of an NASA Headquarters inadvertent criticality of the nuclear fuel Spence M. Armstrong, Associate II at St. Lucie, Units 1 and 2, and has Administrator for Human Resources determined that it is extremely unlikely Section 70.24 of Title 10 of the Code and Education, NASA Headquarters for such an accident to occur if the of Federal Regulations, ‘‘Criticality Daniel S. Goldin, licensee meets the following seven Accident Requirements,’’ requires that Administrator. criteria: [FR Doc. 97–22254 Filed 8–20–97; 8:45 am] each licensee authorized to possess 1. Only one fuel assembly is allowed special nuclear material (SNM) shall BILLING CODE 7510±01±M out of a shipping cask or storage rack at maintain a criticality accident one time. monitoring system in each area where 2. The k-effective does not exceed such material is handled, used, or NATIONAL COMMUNICATIONS 0.95, at a 95% probability, 95% stored. Subsections (a)(1) and (a)(2) of SYSTEM confidence level in the event that the 10 CFR 70.24 specify detection and fresh fuel storage racks are filled with Telecommunications Service Priority sensitivity requirements that these fuel of the maximum permissible U-235 System Oversight Committee monitors must meet. Subsection (a)(1) enrichment and flooded with pure also specifies that all areas subject to water. AGENCY: National Communications criticality accident monitoring must be 3. If optimum moderation occurs at System (NCS). covered by two detectors. Subsection low moderator density, then the k- ACTION: Notice of meeting. (a)(3) of 10 CFR 70.24 requires licensees effective does not exceed 0.98, at a 95% to maintain emergency procedures for probability, 95% confidence level in the A meeting of the Telecommunications each area in which this licensed SNM event that the fresh fuel storage racks Service Priority (TSP) System Oversight is handled, used, or stored and provides are filled with fuel of the maximum Committee will convene Thursday that (1) the procedures ensure that all permissible U-235 enrichment and September 25, 1997 from 9 a.m. to 12:00 personnel withdraw to an area of safety flooded with a moderator at the density a.m. The meeting will be held at Booz- upon the sounding of a criticality corresponding to optimum moderation. Allen & Hamilton 8283 Greensboro 4. The k-effective does not exceed Drive, McLean VA. accident monitor alarm, (2) the procedures must include drills to 0.95, at a 95% probability, 95% —Opening/Administrative Remarks familiarize personnel with the confidence level in the event that the —Status of the TSP Program evacuation plan, and (3) the procedures spent fuel storage racks are filled with —Working Group Reports designate responsible individuals for fuel of the maximum permissible U-235 —CPAS Program Update determining the cause of the alarm and enrichment and flooded with pure Anyone interested in attending or placement of radiation survey water. presenting additional information to the instruments in accessible locations for 5. The quantity of forms of special nuclear material, other than nuclear Committee, please contact LCDR Angela use in such an emergency. Subsection fuel, that are stored on site in any given Abrahamson, Manager, TSP Program (b)(1) of 10 CFR 70.24 requires licensees area is less than the quantity necessary Office, (703) 607–4930, or Betty Hoskin to have a means to identify quickly for a critical mass. (703) 607–4932 by September 15, 1997. personnel who have received a dose of Frank M. McClelland, 6. Radiation monitors, as required by 10 rads or more. Subsection (b)(2) of 10 General Design Criterion 63, are Acting Federal Register Liaison Officer, CFR 70.24 requires licensees to National Communications System. provided in fuel storage and handling maintain personnel decontamination areas to detect excessive radiation levels [FR Doc. 97–22125 Filed 8–20–97; 8:45 am] facilities, to maintain arrangements for a BILLING CODE 3610±05±M and to initiate appropriate safety physician and other medical personnel actions. qualified to handle radiation 7. The maximum nominal U-235 emergencies, and to maintain enrichment is limited to 5.0 weight NUCLEAR REGULATORY arrangements for the transportation of percent. COMMISSION contaminated individuals to treatment By letter dated February 19, 1997, and [Docket Nos. 50±335 and 50±389] facilities outside the site boundary. supplemented July 10, 1997, the Paragraph (c) of 10 CFR 70.24 exempts licensee requested an exemption from Florida Power and Light Company, et Part 50 licensees from the requirements 10 CFR 70.24. In this request the al., St. Lucie Plant, Units 1 and 2; of paragraph (b) of 10 CFR 70.24 for licensee addressed the seven criteria Exemption SNM used or to be used in the reactor. given above. The Commission’s Paragraph (d) of 10 CFR 70.24 states that technical staff has reviewed the I any licensee who believes that there is licensee’s submittals and has The Florida Power and Light good cause why he should be granted an determined that St. Lucie, Units 1 and Company, et al. (FPL or the licensee) is exemption from all or part of 10 CFR 2, meets the criteria for prevention of the holder of Facility Operating License 70.24 may apply to the Commission for inadvertent criticality; therefore, the Nos. DPR–67 and NPF–16, which such an exemption and shall specify the staff has determined that it is extremely authorize operation of the St. Lucie reasons for the relief requested. unlikely for an inadvertent criticality to Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44495 occur in SNM handling or storage areas Station, Units 1, 2, and 3 located in the application would result in no at St. Lucie, Units 1 and 2. Oconee County, South Carolina. change in current environmental The purpose of the criticality impacts. The environmental impacts of Environmental Assessment monitors required by 10 CFR 70.24 is to the proposed action and the alternative ensure that if a criticality were to occur Identification of Proposed Action action are similar. during the handling of SNM, personnel The proposed action would amend Alternative Use of Resources would be alerted to that fact and would the licenses to reflect the licensee’s This action does not involve the use take appropriate action. The staff has name change from ‘‘Duke Power of any resources not previously determined that it is extremely unlikely Company’’ to ‘‘Duke Energy considered in the Final Environmental that such an accident could occur; Corporation.’’ furthermore, the licensee has radiation The proposed action is in response to Statement related to the Oconee Nuclear monitors, as required by General Design the licensee’s application dated June 12, Station. Criterion 63, in fuel storage and 1997. Agencies and Persons Contacted handling areas. These monitors will In accordance with its stated policy, alert personnel to excessive radiation The Need for the Proposed Action on August 12, 1997, the staff consulted levels and allow them to initiate Duke Power Company changed its with the South Carolina State official, appropriate safety actions. The low name to ‘‘Duke Energy Corporation.’’ Virgil Autrey of the Bureau of probability of an inadvertent criticality, The facility operating licenses for Radiological Health, South Carolina together with the licensee’s adherence Oconee indicate the name of the Department of Health and to General Design Criterion 63, licensee as ‘‘Duke Power Company,’’ Environmental Control, regarding the constitutes good cause for granting an and therefore need to be amended to environmental impact of the proposed exemption to the requirements of 10 substitute the new name of the licensee. amendments. The State official had no CFR 70.24. The proposed action is purely administrative. comments. IV Environmental Impacts of the Proposed Finding of No Significant Impact The Commission has determined that, Action Based upon the foregoing pursuant to 10 CFR 70.14, this environmental assessment, the exemption is authorized by law, will not The Commission has completed its evaluation of the proposed action and Commission concludes that the endanger life or property or the common proposed amendments will not have a defense and security, and is otherwise concludes that there is no significant environmental impact if the significant effect on the quality of the in the public interest. Therefore, the human environment. Accordingly, the Commission hereby grants the Florida amendments are granted. No changes will be made to the design and licensing Commission has determined not to Power and Light Company, et al., an prepare an environmental impact exemption from the requirements of 10 bases, or procedures of the three units at the Oconee Nuclear Station. Other statement for the proposed CFR 70.24. amendments. Pursuant to 10 CFR 51.32, the than the name change, no other changes will be made to the facility operating For further details with respect to the Commission has determined that the proposed action, see the licensee’s granting of this exemption will have no licenses. The change will not increase the request for the amendments dated June significant impact on the environment 12, 1997, which is available for public (62 FR 43363). probability or consequences of accidents, no changes are being made in inspection at the Commission’s Public This exemption is effective upon Document Room, The Gelman Building, issuance. the types of any effluents that may be released offsite, and there is no 2120 L Street, NW., Washington, DC, Dated at Rockville, Maryland, this 14th day significant increase in the allowable and at the local public document room of August 1997. individual or cumulative occupational located at the Oconee County Library, For the Nuclear Regulatory Commission. radiation exposure. Accordingly, the 501 West South Street, Walhalla, South Samuel J. Collins, Commission concludes that there are no Carolina. Director, Office of Nuclear Reactor significant radiological environmental Dated at Rockville, Maryland, this 14th day Regulation. impacts associated with the proposed of August 1997. [FR Doc. 97–22178 Filed 8–20–97; 8:45 am] action. For the Nuclear Regulatory Commission. BILLING CODE 7590±01±U With regard to potential Herbert N. Berkow, nonradiological impacts, the proposed Director, Project Directorate II–2, Division of action does not affect nonradiological Reactor Projects—I/II, Office of Nuclear NUCLEAR REGULATORY plant effluents and has no other Reactor Regulation. COMMISSION environmental impact. Accordingly, the [FR Doc. 97–22180 Filed 8–20–97; 8:45 am] [Docket Nos. 50±269, 50±270, and 50±287] Commission concludes that there are no BILLING CODE 7590±01±U significant nonradiological Duke Power Company; Oconee environmental impacts associated with Nuclear Station, Units 1, 2, and 3; the proposed action. NUCLEAR REGULATORY COMMISSION Environmental Assessment and Alternatives to the Proposed Action Finding of No Significant Impact Since the Commission has concluded [Docket No. 50±280 and 50±281] The U.S. Nuclear Regulatory there is no measurable environmental Virginia Electric and Power Company, Commission (the Commission) is impact associated with the proposed Surry Power Station; Environmental considering issuance of amendments to action, any alternatives with equal or Assessment and Finding of No Facility Operating License Nos. DPR–38, greater environmental impact need not Significant Impact DPR–47, and DPR–55, issued to Duke be evaluated. As an alternative to the Power Company (the licensee), for proposed action, the staff considered The U.S. Nuclear Regulatory operation of the Oconee Nuclear denial of the proposed action. Denial of Commission (the Commission) is 44496 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices considering issuance of an exemption ensure the safety of personnel during nonradiological environmental impacts from certain requirements of its the handling of special nuclear associated with the proposed action. regulations for Facility Operating materials at commercial power reactors. License No. DPR–32 and Facility Alternatives to the Proposed Action Environmental Impacts of the Proposed Operating License No. DPR–37, issued Action Since the Commission has concluded to Virginia Electric and Power Company that there is no measurable (the licensee), for operation of the Surry The Commission has completed its evaluation of the proposed action and environmental impact associated with Power Station located in Surry County, the proposed action, any alternatives Virginia. concludes that there is no significant environmental impact if the exemption with equal or greater environmental Environmental Assessment is granted. Inadvertent or accidental impact need not be evaluated. As an alternative to the proposed exemption, Identification of Proposed Action criticality will be precluded through compliance with the Surry Power the staff considered denial of the The proposed action would exempt Station Technical Specifications (TS), requested exemption. Denial of the Virginia Electric and Power Company the design of the fuel storage racks request would result in no change in from the requirements of 10 CFR providing geometric spacing of fuel current environmental impacts. The 70.24(a), which requires a monitoring assemblies in their storage locations, environmental impacts of the proposed system that will energize clear audible and administrative controls imposed on action and the alternative action are alarms if accidental criticality occurs in fuel handling procedures. TS similar. each area in which special nuclear requirements specify reactivity limits Alternative Use of Resources material is handled, used, or stored. The for the fuel storage racks and minimum proposed action would also exempt the spacing between the fuel assemblies in This action does not involve the use licensee from the requirements to the storage racks. of any resources not previously maintain emergency procedures for each Appendix A of 10 CFR Part 50, area in which this licensed special considered in the ‘‘Final Environmental ‘‘General Design Criteria for Nuclear Statement for the Surry Power Station.’’ nuclear material is handled, used, or Power Plants,’’ Criterion 62, requires stored to ensure that all personnel that criticality in the fuel storage and Agencies and Persons Consulted withdraw to an area of safety upon the handling system shall be prevented by sounding of the alarm, to familiarize physical systems or processes, In accordance with its stated policy personnel with the evacuation plan, and preferably by use of geometrically safe the NRC staff consulted with Mr. to designate responsible individuals for configurations. This is met at Surry Foldesi of the Virginia Department of determining the cause of the alarm, and Units 1 and 2, as identified in the TS. Health on August 15, l997, regarding the to place radiation survey instruments in Surry TS Section 5.4, Fuel Storage, environmental impact of the proposed accessible locations for use in such an states that the new fuel assemblies are action. The State official had no emergency. stored vertically in an array with a comments. The proposed action is in accordance distance of 21 inches between with the licensee’s application for assemblies to assure that the effective Finding of No Significant Impact exemption dated January 28, 1997, as neutron multiplication factor, Keff, will ≤ Based upon the environmental supplemented March 24, 1997. remain 0.95 if fully flooded with assessment, the Commission concludes unborated water, and to assure K ≤ The Need for the Proposed Action eff that the proposed action will not have 0.98 under conditions of low-density a significant effect on the quality of the The purpose of 10 CFR 70.24 is to optimum moderation. The spent fuel human environment, Accordingly, the ensure that if a criticality were to occur assemblies are stored vertically in an Commission has determined not to during the handling of special nuclear array with a distance of 14 inches prepare an environmental impact material, personnel would be alerted to between assemblies to assure Keff ≤ 0.95 statement for the proposed action. that fact and would take appropriate if fully flooded with unborated water. action. At a commercial nuclear power The proposed exemption would not For further details with respect to the plant the inadvertent criticality with result in any significant radiological proposed action, see the licensee’s letter which 10 CFR 70.24 is concerned could impacts. The proposed exemption dated January 28, 1997, as occur during fuel handling operations. would not affect radiological plant supplemented March 24, 1997, which is The special nuclear material that could effluents nor cause any significant available for public inspection at the be assembled into a critical mass at a occupational exposures since the TS, Commission’s Public Document Room, commercial nuclear power plant is in design controls, including geometric which is located at The Gelman the form of nuclear fuel; the quantity of spacing of fuel assembly storage spaces, Building, 2120 L Street, NW., other forms of special nuclear material and administrative controls preclude Washington, DC, and at the local public that is stored on site is small enough to inadvertent criticality. The amount of document room located at the Swem preclude achieving a critical mass. radioactive waste would not be changed Library, College of William and Mary, Because the fuel is not enriched beyond by the proposed exemption. Williamsburg, Virginia. 4.1 weight percent Uranium-235 and The proposed exemption does not Dated at Rockville, Maryland, this 15th day because commercial nuclear plant result in any significant nonradiological of August 1997. licensees have procedures and features environmental impacts. The proposed designed to prevent inadvertent exemption involves features located For the Nuclear Regulatory Commission. criticality, the staff has determined that entirely within the restricted area as Herbert N. Berkow, inadvertent criticality is not likely to defined in 10 CFR Part 20. It does not Director, Project Directorate II–2, Division of occur due to the handling of special affect nonradiological plant effluents Reactor Projects I/II, Office of Nuclear Reactor nuclear material at a commercial power and has no other environmental impact. Regulation. reactor. The requirements of 10 CFR Accordingly, the Commission concludes [FR Doc. 97–22179 Filed 8–20–97; 8:45 am] 70.24(a), therefore, are not necessary to that there are no significant BILLING CODE 7590±01±U Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44497

NUCLEAR REGULATORY Nuclear Regulatory Research, U.S. findings of the Commission. COMMISSION Nuclear Regulatory Commission, Commissioners will present results of Washington, DC 20555, telephone (301) studies of the critical infrastructures to Twenty-Fifth Water Reactor Safety 415–5838. include the legal landscape and research Information Meeting Dated at Rockville, Maryland, this 15th day and development. AGENCY: Nuclear Regulatory of August, 1997. PUBLIC PARTICIPATION: On September 5, Commission. For the Nuclear Regulatory Commission. 1997, from 9:00 a.m. to 12:00 p.m., the meeting will be open to the public. ACTION: Notice of meeting. Alois J. Burda, Deputy Director, Financial Management, Written comments may be filed with the SUMMARY: The Twenty-Fifth Water Procurement and Administration Staff, Office Committee after the meeting. Written Reactor Safety Information Meeting will of Nuclear Regulatory Research. comments may be given to the be held on October 20–22, 1997, 8:30 [FR Doc. 97–22181 Filed 8–20–97; 8:45 am] Designated Federal Officer, after the a.m. to 5:00 p.m., in the Bethesda BILLING CODE 7590±01±M conclusion of the open meeting; sent to Marriott Hotel, 5151 Pooks Hill Road, PCCIP, P.O. Box 46258, Washington, Bethesda, Maryland 20814. D.C., 20050–6258; or e-mailed to The Water Reactor Safety Information PRESIDENT'S COMMISSION ON [email protected]. Meeting will be opened by NRC CRITICAL INFRASTRUCTURE CLOSED MEETING DELIBERATIONS: On Chairman Shirley Ann Jackson as the PROTECTION September 5, 1997, from 1:00 p.m. to keynote speaker for the plenary session 6:00 p.m., the meeting will be closed to on October 20, 1997, at 9:00 a.m. A Advisory Committee for the permit discussion of national security panel discussion on Risk Informed President's Commission on Critical matters. (5 U.S.C. 552b(c)(1)(1982)). Regulation will be held on Tuesday Infrastructure Protection; Advisory Notice of this meeting is given under morning, October 21, 1997, at 8:30 a.m. Committee Meeting Notice the Federal Advisory Committee Act (5 There will be speakers after lunch on U.S.C. app. 2). Monday, October 20, 1997, and TIME AND DATE: 9:00 a.m.–6:00 p.m., Friday, September 5, 1997. James H. Kurtz, Tuesday, October 21, 1997, and Dr. Executive Secretary, President’s Commission ACTION: Notice of open meeting. Herbert J.C. Kouts, a member of the on Critical Infrastructure Protection. Defense Nuclear Facilities Safety Board, SUMMARY: Pursuant to the provisions of [FR Doc. 97–22176 Filed 8–20–97; 8:45 am] will speak after lunch on Wednesday, the Federal Advisory Committee Act BILLING CODE 3110±$$±M October 22, 1997. (Pub. L. 92–463, 86 Stat. 770), notice is The meeting is international in scope hereby given for the first meeting of the and includes presentations by personnel Advisory Committee on the President’s from the NRC, U.S. Government SECURITIES AND EXCHANGE Commission on Critical Infrastructure COMMISSION laboratories, private contractors, Protection. universities, the Electric Power ADDRESSES: The Hyatt Arlington @ Key [Rel. No. IC±22788; 812±10540] Research Institute, reactor vendors, and Bridge, 1325 Wilson Blvd., Arlington a number of foreign agencies. This Aetna Variable Fund, et al.; Notice of VA 22209, (703) 525–1234. This facility meeting is sponsored by the NRC and Application is accessible to persons with disabilities. conducted by the Brookhaven National Laboratory. FOR FURTHER INFORMATION CONTACT: August 15, 1997. The preliminary agenda for this year’s Carla Sims, Public Affairs Officer, (703) AGENCY: Securities and Exchange meeting includes 12 sessions, along 696–9395, [email protected]. Commission (‘‘SEC’’). Hearing-impaired individuals are with the panel discussions, on the ACTION: Notice of application for an following topics: Pressure Vessel advised to contact the Virginia Relay order under (i) section 6(c) of the Research, BWR Strainer Blockage & Center [Text Telephone (800) 828–1120 Investment Company Act of 1940 (the Other Generic Safety Issues, or Voice (800) 828–1140], or their local ‘‘Act’’) granting relief from sections Environmentally Assisted Degradation relay system. 13(a)(2), 18(f)(1), 22(f), and 22(g) of the of LWR Components, Update on Severe SUPPLEMENTARY INFORMATION: The Act and rule 2a–7; (ii) sections 6(c) and Accident Code Improvements and Advisory Committee was established by 17(b) of the Act granting relief from Applications, Human Reliability the President to provide expert advice to section 17(a) of the Act; and (iii) section Analysis & Human Performance the Commission as it develops a 17(d) of the Act and rule 17d–1 to Evaluation, Technical Issues Related to comprehensive national policy and permit certain joint transactions. Rulemakings, Risk Informed implementation strategy for protecting Performance Based Initiatives the nation’s critical infrastructures. The SUMMARY OF APPLICATION: Applicants (including Risk Informed Regulation Committee is co-chaired by the request an order to permit certain Activities, IPEEE Insights, Performance Honorable Jamie Gorelick, Vice Chair of investment companies to enter into Based Regulation Initiatives), High Fannie Mae, and the Honorable Sam deferred compensation arrangements Burnup Fuel, Thermal-Hydraulic Nunn, Partner with the Law Firm of with certain of their directors, and the Research and Codes (two sessions), King & Spaulding. The Committee companies and participating directors to Digital Instrumentation and Control, currently consists of eight members effect transactions incident to the and Structural Performance. representing various industry sectors. deferred compensation arrangements. Those who wish to attend may PURPOSE OF THE MEETING: This is the first APPLICANTS: Aetna Variable Fund; Aetna register at the meeting or in advance by advisory meeting of the Committee. The Income Shares; Aetna Variable Encore contacting Susan Monteleone, Committee will receive information Fund; Aetna Investment Advisers Fund, Brookhaven National Laboratory, from the Commission and focus on Inc.; Aetna GET Fund; Aetna Variable Department of Nuclear Energy, Building Committee operations. Portfolios, Inc.; Aetna Generation 130, Upton, NY 11973, telephone (516) TENTATIVE AGENDA: The Advisory Portfolios, Inc.; and Aetna Series Fund, 282–7235; or Christine Bonsby, Office of Committee meeting will focus on the Inc. (collectively, the ‘‘Investment 44498 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

Companies’’); and Aetna Life Insurance Company.1 Applicants request that the or amendments caused by an and Annuity Company (the ‘‘Adviser’’). requested relief apply to the Investment amendment of an exemptive order. Companies and any registered open-end 5. Each Fund will establish a FILING DATES: The application was filed management investment companies or bookkeeping account in the name of on March 3, 1997, and an amendment their series (including ‘‘successors in each Eligible Director (a ‘‘Deferral was filed on July 11, 1997. Applicants interest’’), currently or in the future Account’’) and credit it with an amount have agreed to file an additional advised by the Adviser or its successors equal to that Eligible Director’s amendment, the substance of which is in interest, or any entity controlling, compensation at the time that included in this notice, during the controlled by, or under common control compensation would otherwise have notice period. with the Adviser (collectively with the been paid. Eligible Directors may elect HEARING OR NOTIFICATION OF HEARING: An Investment Companies, the ‘‘Funds’’).2 to participate in the Plan with each or order granting the application will be 2. Aetna Money Market Fund, a series any combination of Funds that adopt issued unless the SEC orders a hearing. of Aetna Series Fund, Inc., and Aetna the Plan. An Eligible Director’s election Interested persons may request a Variable Encore Fund are money market to participate will be made by execution hearing by writing to the SEC’s funds that compute current price per of a deferral agreement that continues in Secretary and serving applicants with a share using the amortized cost method effect for each subsequent calendar year copy of the request, personally or by in reliance on rule 2a–7 (together, and (each such calendar year, including the mail. Hearing requests should be collectively with any future money fiscal year in which the election is first received by the SEC by 5:30 p.m. on market Funds, the ‘‘Money Market made effective, the ‘‘Deferral Year’’). September 9, 1997, and should be Funds’’). Under the Plan, an Eligible Director will accompanied by proof of service on 3. Each director of a Fund who is not be able to elect to defer receipt of applicants, in the form of an affidavit or, an employee of that Fund, of the Fund’s Deferred Fees with respect to any for lawyers, a certificate of service. distributor or administrator, of the Deferral Year until the Director’s Hearing requests should state the nature Adviser, or of any affiliate of the retirement, death, or termination of services by reason other than retirement of the writer’s interest, the reason for the Adviser, and who is not eligible to or death. Payments will be made in a request, and the issues contested. participate in the Retirement Plan for lump sum or in installments over a Persons who wish to be notified of a Employees of Aetna, Inc. will be eligible period of twenty-five years as selected hearing may request notification by (‘‘Eligible Director’’) to participate in the by the Eligible Director. In the event of writing to the SEC’s Secretary. Deferred Compensation Plan for Eligible death, amounts payable to the Eligible Directors (the ‘‘Plan’’). Eligible Directors ADDRESSES: Secretary, SEC, 450 Fifth Director under the Plan will become currently receive compensation paid Street, N.W., Washington, D.C. 20549. payable in a lump sum (i) to a proportionately by each Fund based on Applicants, 151 Farmington Avenue, beneficiary designated by the Director, the net assets of the Fund as of the date Hartford, Connecticut 06156, Attn: Amy (ii) in the event no beneficiary was the compensation is earned. The R. Doberman, Esq. selected by the Director, to the purpose of the Plan is to permit Eligible Director’s estate, (iii) in the event the FOR FURTHER INFORMATION CONTACT: Directors to defer receipt of all or a beneficiary does not survive the period Brian T. Hourihan, Senior Counsel, at portion of their compensation (the during which such payments are to be (202) 942–0526, or Mercer E. Bullard, ‘‘Deferred Fees’’) to enable them to defer made, to the beneficiary’s estate, or, (iv) Branch Chief, at (202) 942–0564 payment of income taxes or to in the event there is more than one (Division of Investment Management, accomplish other financial goals. beneficiary who does not survive the Office of Investment Company 4. Each Fund will determine whether period during which such payments are Regulation). or not to adopt the Plan. With respect to be made, proportionately to the to each Fund, the Plan will become SUPPLEMENTARY INFORMATION: The surviving beneficiaries until the death of effective upon adoption of a written following is a summary of the the last beneficiary, then to the estate of resolution by the Fund’s board of application. The complete application the last beneficiary to die. In all other directors or trustees, as applicable, after may be obtained for a fee from the SEC’s events, the Eligible Director’s right to the issuance of the requested exemptive Public Reference Branch, 450 Fifth receive Deferred Fees will be order. The Plan may be amended from Street, N.W., Washington D.C. 20549 nontransferable. time to time. The amendments will be (tel. (202) 942–8090). 6. Under the Plan, Deferred Fees limited to immaterial amendments, credited to a Deferral Account will be Applicants’ Representations amendments made to conform to deemed invested as soon as practicable applicable laws, amendments approved in one or more of the Funds that the 1. Each Investment Company is a by the SEC pursuant to an application, Plan administrator makes available registered open-end management under the Plan (collectively, the investment company. Four of the 1 On the effective date of the post-effective ‘‘Investment Options’’) that are selected Investment Companies are Maryland amendment to the Aetna Series Fund, Inc.’s by the Eligible Director. The Investment corporations, and four are registration statement that was filed with the SEC Options will be used to measure the Massachusetts business trusts. Shares of on July 9, 1997, Aetna Investment Services, Inc., an affiliate of the Adviser, will commence service as notional investment performance of an the Investment Companies, other than principal underwriter to the Aetna Series Fund, Inc. Eligible Director’s Deferral Account. The the Aetna Series Fund, Inc., are sold 2 For purposes of this application, ‘‘successors in value of a Deferral Account, as of any solely to insurance company separate interest’’ are limited to entities that result from a date, will be equal to the value that accounts to fund variable annuity reorganization into another jurisdiction or a change in the type of business organization. All existing Account would have had if the amount contracts and variable life insurance Funds that currently intend to rely on the requested credited to it had been invested and policies. The Adviser, an investment relief have been named as parties to the application. reinvested in shares of the Investment adviser registered under the Investment Any existing Funds that currently do not intend to Option(s) designated by the Eligible Advisers Act of 1940, serves as the rely on the relief but which may in the future, and any future Funds that subsequently rely on the Director (the ‘‘Designated Shares’’). Each investment adviser and principal relief, will do so only in accordance with the terms Deferral Account will be credited or underwriter for each Investment and conditions set forth in the application. charged with book adjustments Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44499 representing all interest, dividends and purposes fairly intended by the policy method or the penny-rounding method, other earnings and all gains and losses and provisions of the Act. Applicants provided that the fund meets certain that would have been realized had the submit that, for the reasons discussed conditions. These conditions include, amounts credited to such Account below, the requested relief satisfies this among others, that the money market actually been invested in the Designated standard. fund will (i) limit its investments to Shares from the date of original 3. Section 18(f)(1) generally prohibits securities that have remaining maturity designation or subsequent change of the a registered open-end investment of 397 days or less and that meet certain Investment Option. Each Fund intends company from issuing any class of credit quality standards, and (ii) not generally to purchase and maintain senior security or selling any senior maintain a dollar-weighted average Designated Shares in an amount equal security of which it is the issuer. In portfolio maturity that exceeds 90 days. to the deemed investments of the addition, section 13(a)(2) requires that a Applicants request relief from the rule Deferral Accounts of its Eligible registered investment company obtain to the extent required to permit the Directors. However, when Deferred Fees authorization by the vote of a majority Money Market Funds to invest in are owed by a Fund that serves as an of its outstanding voting securities Designated Shares (and to exclude Eligible Director’s Investment Option, it before issuing any senior securities not Designated Shares from the calculation is not anticipated that the Fund would contemplated by the recitals of policy of such Funds’ dollar-weighted average purchase its own shares. Rather, monies contained in its registration statement. maturities). Applicants believe that the equal to the amount credited to the Applicants state that the Plan will not requested relief will permit the Money Deferral Account will be invested as give rise to the concerns underlying Market Funds to achieve an exact part of the general investment these provisions such as excessive matching of Designated Shares with the operations of that Fund. borrowing by investment companies, deemed investments of the Deferral 7. A participating Fund’s obligation to confusing capital structures, and Account, thereby ensuring that the make payments with respect to a inappropriately speculative deferred compensation arrangements Deferral Account will be a general investments. will not affect the Money Market Funds’ obligation of the Fund and each Eligible 4. Section 22(f) prohibits restrictions net asset value. Applicants state that the Director will be a general unsecured on the transferability or negotiability of Deferred Fees involved will in all cases creditor. The Plan will not create an redeemable securities issued by an be de minimis in relation to the total net obligation of any fund to any Eligible open-end investment company unless assets of each Money Market Fund, and Director to purchase, hold or dispose of the restriction is disclosed in its will have no effect on such Fund’s per any investments. If a Fund should registration statement and does not share net asset value. choose to purchase investments in order contravene SEC rules and regulations. 7. Section 17(a) generally prohibits an to ‘‘match’’ exactly its obligations to Applicants state that the concerns affiliated person of a registered credit or charge the Deferral Account underlying this provision are met investment company, or any affiliated with the earnings and gains or losses because the restrictions on person of such person, from selling any attributable to the Designated Shares, all transferability of an Eligible Director’s security to or purchasing any security such investments will continue to be Deferred Fees under the Plan will be from the company. Section 2(a)(3)(C) part of the general assets and property clearly set forth in the Plan and will not defines the term ‘‘affiliated person’’ of of such Fund. The Plan will not obligate adversely affect the interests of the another person to include any person any Fund to retain the services of an Eligible Directors, the Funds, or any controlling, controlled by, or under Eligible Director, nor obligate any Fund shareholder of any Fund. common control with such person. to pay any (or any particular level of) 5. Section 22(g) generally prohibits Because the Funds have the same compensation to any Eligible Director. registered open-end investment investment adviser and the same The amount of compensation owed to companies from using any of their directors and officers, each Fund could Eligible Directors is expected to be securities for services or for property be deemed to be under common control insignificant in comparison to the total other than cash or securities. with the other Funds and, therefore, net assets of each Fund. Applicants assert that the legislative might be deemed to be an affiliated history of the Act suggests that Congress person of the other Funds. Applicants Applicants’ Legal Analysis was primarily concerned with the assert that section 17(a) was designed to 1. Applicants request an order under dilutive effect on the equity and voting prevent sponsors of investment (i) section 6(c) of the Act granting relief power of common stock of, or units of companies from using investment from sections 13(a)(2), 18(f)(1), 22(f) and beneficial interest in, an investment company assets as capital for enterprises 22(g) of the Act and rule 2a–7; (ii) company if the company’s securities with which they are associated or to sections 6(c) and 17(b) of the Act were issued for consideration not acquire controlling interests in such granting relief from section 17(a) of the readily valued. Applicants contend that enterprises and other types of Act; and (iii) section 17(d) of the Act the Plan does not raise these concerns ‘‘overreaching.’’ Applicants state that and rule 17d–1 to the extent necessary because it will provide solely for the purchase and sale of securities to permit the Funds to enter into deferral of the payment of compensation issued by the Funds pursuant to the deferred compensation arrangements and thus any rights issued under the Plan will not implicate the concerns with Eligible Directors, and the Funds Plan to the Eligible Directors should be underlying section 17(a), but merely and Eligible Directors to effect viewed as issued not for services but in will facilitate the matching of the transactions incident to the deferred consideration of the Fund’s not being liabilities for compensation deferrals compensation arrangements. required to pay the compensation on a with Designated Shares, the value of 2. Section 6(c) provides that the SEC current basis. which determines the amount of such may exempt any person, security, or 6. Rule 2a–7 provides that, liabilities. transaction from any provision of the notwithstanding the requirements of 8. Section 17(b) authorizes the SEC to Act, if and to the extent that such section 2(a)(41) of the Act and rules 2a– exempt a proposed transaction from exemption is necessary or appropriate 4 and 22c–1, the current price per share section 17(a) if evidence establishes that in the public interest and consistent of any money market fund may be the terms of the proposed transaction, with the protection of investors and the computed by use of the amortized cost including the consideration to be paid 44500 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices or received, are reasonable and fair and SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s do not involve overreaching on the part COMMISSION Statement of the Purpose of, and of any person concerned, the proposed Statutory Basis for, the Proposed Rule transaction is consistent with the [Release No. 34±38937; File No. SR±CBOE± Change policies of the registered investment 97±35] The purpose of the proposed rule company and the general purposes of change is to amend Rule 6.3 to remove the Act. Applicants believe that the Self-Regulatory Organizations; Notice the requirement that a halt declared by relief requested satisfies the standards of of Filing of Proposed Rule Change by Floor Officials may continue for only sections 6(c) and 17(b). Chicago Board Options Exchange, Inc. two consecutive business days, to delete 9. Section 17(d) and rule 17d–1 Relating to Trading Halts and Rule 6.4 regarding the suspension of prohibit affiliated persons from Suspensions trading by the Board, and to make certain conforming amendments to participating in joint arrangements with August 14, 1997. a registered investment company unless Rules 21.12 and 23.8 and to authorized by the SEC. In passing on Pursuant to Section 19(b)(1) of the Interpretation .02 of Rule 21.19 Pursuant to existing Rule 6.3, any two applications for such orders, rule 17d– Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Floor Officials may halt trading in any 1 provides that the SEC will consider security in the interests of a fair and whether the participation of such notice is hereby given that on July 25, 1997, the Chicago Board Options orderly market for a period not in excess investment company is consistent with of two consecutive business days. the provisions, policies, and purposes of Exchange, Inc. (‘‘CBOE’’ or ‘‘Exchange’’) filed with the Securities and Exchange Pursuant to existing Rule 6.4, the the Act and the extent to which such CBOE’s Board may suspend trading in Commission (‘‘SEC’’ or ‘‘Commission’’) participation is on a basis different from any security in the interests of a fair and the proposed rule change as described or less advantageous than that of other orderly market. The Exchange believes participants. Applicants acknowledge in Items I, II and III below, which Items that there is no practical difference that the Plan may be deemed to have been prepared by the CBOE. The between a halt in trading and a constitute a joint arrangement within Commission is publishing this notice to suspension in trading, except for the the meaning of rule 17d–1. Applicants solicit comments on the proposed rule present two-day limit for a halt and the state that an Eligible Director will change from interested parties. fact that a halt is declared by two Floor neither directly nor indirectly receive a I. Self-Regulatory Organization’s Officials and a suspension is declared benefit that would otherwise inure to Statement of the Terms of Substance of by the Board. The same factors are the Funds or any of their shareholders. the Proposed Rule Change considered by the Board in deciding Moreover, applicants note that the whether to ‘‘suspend’’ trading as are changes in value made to the Deferral The CBOE proposes to amend Rule considered by Floor Officials in Accounts to reflect the income, gain or 6.3 to remove the requirement that a deciding whether to ‘‘halt’’ trading. loss with respect to the Designated halt declared by Floor Officials may Rules 6.3 and 6.4 require, however, that Shares will be identical to the changes continue for only two consecutive trading may be stopped for more than in share value experienced by the business days and to delete Rule 6.4 two consecutive business days only if shareholders of the Funds during the regarding the suspension of trading by the Board acts to ‘‘suspend’’ trading. The CBOE believes it is not necessary same period. the Board of Directors (‘‘Board’’). The CBOE also proposes to make certain to require the Board to decide whether trading in an options class may be Applicants’ Condition conforming amendments to Rules 21.12 stopped for more than two days. The and 23.8 and to Interpretation .02 of Applicants agree that any order of the Exchange believes that in practice, Rule 21.19. SEC granting the requested relief will be senior exchange officials would be subject to the following conditions that, The text of the proposed rule change aware of and would participate in any with respect to the requested relief from is available at the Office of the decision concerning a halt that rule 2a–7, any Money Market Fund that Secretary, the CBOE and at the continued in excess of two days. The values its assets by the amortized cost Commission. Exchange believes this input from method or penny-rounding method will senior exchange officials is sufficient II. Self-Regulatory Organization’s buy and hold Designated Shares that and that Board participation is not Statement of the Purpose of, and determine the performance of Deferred necessary. The Exchange also believes Statutory Basis for, the Proposed Rule Accounts to achieve an exact match that it is unduly cumbersome and often, Change between the liability of any such Fund impractical, to convene the Board on to pay compensation deferrals and the In its filing with the Commission, the short notice just to decide whether assets that offset that liability. CBOE included statements concerning trading in an options class may be stopped for more than two days. the purpose of and basis for the For the Commission, by the Division of Pursuant to the proposed rule change, Investment Management, under delegated proposed rule change and discussed any the duration of a halt declared by two authority. comments it received on the proposed Floor Officials pursuant to Rule 6.3 Margaret H. McFarland, rule change. The text of these statements would not be limited to a particular Deputy Secretary. may be examined at the places specified number of days. The proposed rule [FR Doc. 97–22185 Filed 8–20–97; 8:45 am] in Item IV below. The CBOE has change correspondingly would delete prepared summaries, set forth in BILLING CODE 8010±01±M Rule 6.4, so that Board action no longer sections A, B, and C below, of the most would be required before trading in an significant aspects of such statements. options class could be stopped for more than two consecutive business days. 1 15 U.S.C. 78s(b)(1). Instead, Floor Officials would determine 2 17 CFR 240.19b–4. whether to halt trading based upon the Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44501 factors set forth in Rule 6.3, which are circumstances and to halt trading for as For the Commission, by the Division of the same factors currently considered by long as necessary in the interests of a Market Regulation, pursuant to delegated the Board in a suspension decision. This fair and orderly market. authority.5 proposed approach is consistent with Margaret H. McFarland, the procedure for index options under B. Self-Regulatory Organization’s Deputy Secretary. Rule 24.7, where trading halts or Statement on Burden on Competition [FR Doc. 97–22184 Filed 8–20–97; 8:45 am] suspensions do not require action by the CBOE does not believe that the BILLING CODE 8010±01±M Board. proposed rule will impose any burden In addition, the proposed rule change on competition. would make clear that trading may SECURITIES AND EXCHANGE resume only upon a determination by C. Self-Regulatory Organization’s COMMISSION two Floor Officials that such a Statement on Comments on the [Release No. 34±38935; File No. SR±MSRB± resumption is in the interests of a fair Proposed Rule Change Received From 97±04] and orderly market. The present form of Members, Participants or Others Rule 6.3(b) allows trading to resume Self-Regulatory Organizations; Notice when two Floor Officials determine No written comments were solicited of Filing of Proposed Rule Change by either that the conditions that led to the or received with respect to the proposed the Municipal Securities Rulemaking halt no longer are present or that a rule change. Board Relating to Its Arbitration Code resumption of trading would serve the III. Date of Effectiveness of the interests of a fair and orderly market. August 14, 1997. The Exchange believes that taken Proposed Rule Change and Timing for Pursuant to Section 19(b)(1) of the literally, this would enable trading to Commission Action Securities Exchange Act of 1934 resume if the conditions that led to the Within 35 days of the date of (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is 1 halt no longer are present, even if a publication of this notice in the Federal hereby given that on May 22, 1997, the resumption of trading would be contrary Register or within such longer period (i) Municipal Securities Rulemaking Board to the interests of a fair and orderly as the Commission may designate up to (‘‘Board’’ or ‘‘MSRB’’) filed with the market, an interpretation that would 90 days of such date if it finds such Securities and Exchange Commission conflict with the CBOE’s practice and longer period to be appropriate and (‘‘Commission’’) the proposed rule would be contrary to the policies under publishes its reasons for so finding or change as described in Items I, II, and the Act: Accordingly, the Exchange (ii) as to which the self-regulatory III below, which Items have been believes that the proposed rule change organization consents, the Commission prepared by the self-regulatory would make clear that: (1) Option will: (A) by order approve such organization. The Commission is trading may resume after a halt if, and proposed rule change, or publishing this notice to solicit only if, two Floor Officials determine comments on the proposed rule change that such a resumption would be in the (B) institute proceedings to determine from interested persons. interests of a fair and orderly market; whether the proposed rule change and (2) the fact that the conditions should be disapproved. I. Self-Regulatory Organization’s leading to the halt no longer are present Statement of the Terms of Substance of IV. Solicitation of Comments is just one of the factors that Floor the Proposed Rule Change Officials may consider in determining Interested persons are invited to The Board is filing a proposed rule whether the interests of a fair and submit written data, views and change to amend Rule G–35, the Board’s orderly market would be served by a arguments concerning the foregoing. Arbitration Code. The proposed rule resumption of trading. The CBOE notes Persons making written submissions change would create two sections: that the Exchange has proposed similar should file six copies thereof with the Section 37 would state that the Board changes to Rule 24.7(b), which governs Secretary, Securities and Exchange will not accept any new arbitration the resumption of trading after a trading Commission, 450 Fifth Street, N.W., claims filed on or after January 1, 1998; 3 halt in index options. Washington, D.C. 20549. Copies of the and Section 38 would provide that, as Finally, because of the deletion of submission, all subsequent of January 1, 1998, every bank dealer (as Rule 6.4, the Exchange believes that it amendments, all written statements defined in Rule D–8) shall be subject to also is necessary to make conforming with respect to the proposed rule the Code of Arbitration Procedure of the deletions of certain non-substantive change that are filed with the National Association of Securities references to trading suspensions under Commission, and all written Dealers, Inc. (‘‘NASD’’) for every claim, Rule 6.4 that appear in Rule 21.12 and communications relating to the dispute or controversy arising out of or Interpretation .02 of Rule 21.19 proposed rule change between the in connection with the municipal (concerning government securities Commission and any person, other than securities activities of the bank dealer options) and in Rule 23.8 (concerning those that may be withheld from the acting in its capacity as such. New interest rate option contracts). Section 38 would further provide that The Exchange believes that the public in accordance with the provisions of 5 U.S.C. 552, will be each bank dealer shall be subject to, and proposed rule change is consistent with shall abide by, the NASD’s Code of and furthers the objectives of Section available for inspection and copying in the Commission’s Public Reference Arbitration Procedure as if the bank 6(b)(5) of the Act 4 in that it is designed dealer were a ‘‘member’’ of the NASD. to perfect the mechanism of a free and Section, 450 Fifth Street, N.W., Washington, D.C. 20549. Copies of all open market and to protect investors 5 such filings will also be available for 17 CFR 200.30–3(a)(12). and the public interest by enabling 1 The MSRB filed Amendment No. 1 to the Floor Officials to evaluate and to inspection and copying at the principal proposed rule change on August 14, 1997, the consider market conditions and office of CBOE. All submissions should substance of which has been incorporated into the refer to File No. SR–CBOE–97–35 and notice. See letter from Jill C. Finder, Assistant General Counsel, MSRB, to Katherine A. England, 3 See File No. SR–CBOE–97–36. should be submitted by September 11, Assistant Director, Market Regulation, Commission, 4 15 U.S.C. 78f(b)(5). 1997. dated August 14, 1997. 44502 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

The text of the proposed rule change is received in this manner.2 In 1993, the The Board notes that, pursuant to the as follows, with additions in italics: NASD amended its arbitration code to proposed rule change, the enforcement require a customer’s consent before it mechanism for bank dealers would not Arbitration could transfer a case to another self- be altered; the bank regulatory agencies Rule G–35. Every broker, dealer and regulatory organization (‘‘SRO’’). The (e.e., the Office of Comptroller of the municipal securities dealer shall be practical effect of this amendment has Currency, the Federal Reserve Board, subject to the Arbitration Code set forth been to virtually halt the transfer of and the Federal Deposit Insurance herein. municipal cases to the Board’s Corporation) would continue to be arbitration program because customers responsible for the inspection and Arbitration Code choose to remain at the NASD. enforcement of bank dealers’ municipal Section 1 through Section 36. No Consequently, the Board’s caseload has securities activities, including change. declined dramatically from 115 cases arbitration. Thus, for example, a bank Section 37. Arbitration Claims Filed received in 1988 to 10 cases received in dealer’s failure to pay an arbitration On or After January 1, 1998. The Board 1996. For 1997, the Board has thus far award rendered pursuant to the NASD’s will not accept any new arbitration received two cases. Code of Arbitration Procedure would claims filed on or after January 1, 1998. The Board believes that its declining constitute a violation of Board Rule G– Section 38. Arbitration Involving Bank caseload makes it difficult to justify the 35; since it is that rule, as amended, that Dealers. As of January 1, 1998, every cost of continuing to operate the subjects bank dealers to the NASD’s bank dealer (as defined in rule D–8) arbitration program. Accordingly, the Code. Similarly, a bank dealer’s refusal shall be subject to the Code of Board has determined that, effective to submit to arbitration pursuant to the Arbitration Procedure of the National January 1, 1998, it will no longer accept NASD’s Code of Arbitration Procedure Association of Securities Dealers, Inc. any new claims filed with its arbitration would constitute a violation of Board (‘‘NASD’’) for every claim, dispute or program. The Board will, however, Rule G–35. The NASD would notify the controversy arising out of or in continue to operate its program in order Board Of any such violations and the connection with the municipal to administer its current, open cases and Board, in turn, would contact the securities activities of the bank dealer any new claims received prior to appropriate bank regulatory agency. January 1, 1998, but will discontinue its acting in its capacity as such. For 2. Statutory Basis purposes of this rule, each bank dealer arbitration program when all such cases 3 shall be subject to, and shall abide by, have been closed. The Board believes that the proposed the NASD’s Code of Arbitration The Board notes that, currently, any rule change is consistent with Sections Procedure as if the bank dealer were a customer or securities dealer with a 15B(b)(2) (C) and (D) of the Act, which ‘‘member’’ of the NASD. claim, dispute, or controversy against a provide, respectively, that the Board’s dealer involving its municipal securities rules shall: II. Self-Regulatory Organization’s activities may submit that claim to the Statement of the Purpose of, and arbitration forum of any SRO of which be designed* * *, in general, to protect investors and the public interest * * *. [and Statutory Basis for, the Proposed Rule the dealer is a member, including the Change if the Board deems appropriate, provide for NASD. Bank dealers, however, are the arbitration of claims, disputes, and In its filing with the Commission, the unique in that they are subject to the controversies relating to transactions in Board included statements concerning Board’s rules but are not members of municipal securities * * *. the purpose of and basis for the any other SRO. In light of the Board’s As discussed above, the Board deems proposed rule change and discussed any decision not to accept any new it no longer appropriate to operate an comments it received on the proposed arbitration claims on or after January 1, arbitration program. The Board believes rule change. The text of these statements 1998, it is necessary to amend Rule G– that the proposed rule change provides may be examined at the places specified 35 to state this and to provide an for the protection of investors and the in Item IV below. The Board has alternative forum for claims involving public interest, particularly those public prepared summaries, set forth in the municipal securities activities of investors who wish to pursue arbitration Sections A, B, and C below, of the most bank dealers. The proposed rule change claims against bank dealers in significant aspects of such statements. accomplishes this by subjecting every bank dealer, as of January 1, 1998, to the connection with their municipal A. Self-Regulatory Organization’s NASD’s Code of Arbitration Procedure securities activities. The proposed rule Statement of the Purpose of, and for every claim, dispute or controversy change ensures that there is an Statutory Basis for, the Proposed Rule arising out of or in connection with the arbitration forum available for those Change municipal securities activities of the claims. bank dealer acting in its capacity as 1. Purpose B. Self-Regulatory Organization’s such. In addition, the proposed rule Statement on Burden on Competition The Board’s arbitration program, change requires that bank dealers abide which is limited to the resolution of by the NASD’s Code just as if they were The Board does not believe that the disputes involving municipal securities, ‘‘members’’ of the NASD for purposes of proposed rule change will impose any has been in effect since December 1978. arbitration. burden on competition not necessary or The Board’s caseload grew steadily for appropriate in furtherance of the a time; for example, 21 cases were 2 The NASD also transferred cases (other than purposes of the Act since the proposed received in 1980, 82 in 1986, and 115 those involving municipal securities) to other self- regulatory organizations (‘‘SROs’’), such as the New rule change would make all bank in 1988. Between 1978 and 1993, the York Stock Exchange and the American Stock dealers subject to the NASD’s Code of NASD automatically transferred to the Exchange, if the particular claim arose out of a Arbitration Procedure in connection Board’s arbitration program any claims transaction in that SRO’s market. with their municipal securities received involving municipal securities, 3 At such time, the Board will submit a filing to the Commission to delete sections 1 through 36 of activities. Non-bank dealers already are and until approximately 1993 the Rule G–35, as well as new Section 37, and to subject to this Code by virtue of being majority of the Board’s cases were rescind Rule A–16 on arbitration fees and deposits. NASD members. Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44503

C. Self-Regulatory Organization’s IV. Solicitation of Comments I. Self-Regulatory Organization’s Statement on Comments on the Statement of the Terms of Substance of Proposed Rule Change Received From Interested persons are invited to the Proposed Rule Change Members, Participants, or Others submit written data, views, and arguments concerning the foregoing. NASD Regulation is proposing to In September 1996, the Board Persons making written submissions amend NASD Rule 2320(g) to provide published a notice expressing its should file six copies thereof with the authority to the staff of NASD concern over the costs of operating the Secretary, Securities and Exchange Regulation to grant exemptions from arbitration program in light of the Commission, 450 Fifth Street, N.W., such provision. Below is the text of the decreasing number of cases filed with Washington, D.C. 20549. Copies of the proposed rule change. Proposed new 4 the Board. The Board stated that the submission, all subsequent language is in italics. decline in its caseload makes it difficult amendments, all written statements Rule 2320. Best Execution and to justify the cost of continuing to with respect to the proposed rule Interpositioning operate the arbitration program, and that change that are filed with the (g) (1) In any transaction for or with it was considering discontinuing its Commission, and all written a customer pertaining to the execution arbitration program. The Board communications relating to the of an order in a non-Nasdaq security (as requested comment on the impact that proposed rule change between the defined in the Rule 6700 Series), a such action would have on the public Commission and any person, other than member or person associated with a and the industry, and specifically those that may be withheld from the member, shall contact and obtain requested comment on what effect, if public in accordance with the quotations from three dealers (or all any, the elimination of its arbitration provisions of 5 U.S.C. 552, will be dealers if three or less) to determine the program would have on bank dealers available for inspection and copying at best inter-dealer market for the subject who are not NASD members. the Commission’s Public Reference security. In response to its request, the Board Room. Copies of such filing will also be (g)(2) The staff, upon written request, received comment letters from a dealer available for inspection and copying at after taking into consideration all and from an individual who serves as an the principal office of the Board. All relevant factors, may exempt any arbitrator for the Board. The dealer submissions should refer to File No. transaction or classes of transactions, expressed its concern that arbitrators SR–MSRB–97–04 and should be either unconditionally or on specified serving in other SRO arbitration submitted by September 11, 1997. programs do not have sufficient terms from any or all of the provisions knowledge of the municipal securities For the Commission, by the Division of of this paragraph if it determines that industry. In an attempt to address this Market Regulation, pursuant to delegated such exemption is consistent with the authority. concern, the Board, in the next few purpose of this rule, the protection of months, plans to forward its list of Margaret H. McFarland, investors, and the public interest. Any arbitrators to the NASD. Deputy Secretary. decision whether to grant such an With regard to bank dealers, the [FR Doc. 97–22182 Filed 8–20–97; 8:45 am] exemption may be appealed to the dealer stated that the Board’s program BILLING CODE 8010±01±M National Business Conduct Committee. should not be eliminated until an II. Self-Regulatory Organization’s arbitration forum is established for these Statement of the Purpose of, and dealers, and suggested that the Board SECURITIES AND EXCHANGE COMMISSION Statutory Basis for, the Proposed Rule require bank dealers to use the NASD’s Change arbitration program for resolving disputes involving municipal securities. [Release No. 34±38936; File No. SR±NASD± In its filing with the Commission, the The proposed rule change accomplishes 97±42] self-regulatory organization included this. statements concerning the purpose of The other commentator expressed his Self-Regulatory Organizations; Notice and basis for the proposed rule change belief that elimination of the Board’s of Filing of Proposed Rule Change by and discussed any comments it received program will not impair the industry’s the National Association of Securities on the proposed rule change. The text arbitration process. Dealers, Inc. To Amend NASD Rule of these statements may be examined at 2320(g) To Provide Authority to the the places specified in Item IV below. III. Date of Effectiveness of the Staff of NASD Regulation To Grant The self-regulatory organization has Proposed Rule Change and Timing for Exemptions From Such Provision prepared summaries, set forth in Commission Action Sections A, B, and C below, of the most August 14, 1997. Within 35 days of the publication of significant aspects of such statements. this notice in the Federal Register or Pursuant to Section 19(b)(1) of the A. Self-Regulatory Organization’s within such longer period (i) as the Securities Exchange Act of 1934 Statement of the Purpose of, and Commission may designate up to 90 (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is Statutory Basis for, the Proposed Rule days of such date if it finds such longer hereby given that on June 17, 1997, the Change period to be appropriate and publishes National Association of Securities its reasons for so finding or (ii) as to Dealers, Inc. (‘‘NASD’’ or ‘‘Association’’) 1. Purpose which the self-regulatory organization filed with the Securities and Exchange NASD Rule 2320(g) (‘‘The Three consents, the Commission will: Commission (‘‘Commission’’) the Quote Rule’’ or ‘‘Rule’’) originally was (A) By order approve the proposed proposed rule change as described in adopted on May 2, 1988 1 as an rule change, or Items I, II, and III below, which Items amendment to the NASD’s best (B) Institute proceedings to determine have been prepared by the self- execution interpretation (‘‘Interpretation whether the proposed rule change regulatory organization. The of the Board of Governors—Execution of should be disapproved. Commission is publishing this notice to solicit comments on the proposed rule 1 See Securities Exchange Act Release No. 25637 4 MSRB Reports, Vol. 16, No. 3 (Sept. 1996) at 25. change from interested persons. (May 2, 1988), 53 FR 16488 (May 9, 1988). 44504 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

Retail Transactions in the Over-the- introduced the OTC Bulletin Board to surveillance capabilities have been Counter Market’’) under Article III, allow NASD eligible members to enter, enhanced, among other things, to permit Section 1 of the NASD’s Rules of Fair update and retrieve quotation computerized analyses of market Practice (currently NASD Rules).2 The information on a real-time basis in non- makers’ quotation entries and reported amendment expanded a member’s best Nasdaq securities.6 transactions. execution obligation to customers by Since the establishment of the OTC Application of the Three Quote Rule setting forth additional requirements for Bulletin Board, significant market, customer transactions in non-Nasdaq regulatory and technology related Some members who are active dealers securities. In particular, the amendment improvements have occurred in the in the non-Nasdaq market have requires members that execute non-Nasdaq marketplace. In particular, questioned the value of the Three Quote transactions in non-Nasdaq securities on the NASD has implemented Rule in various situations in which it is behalf of customers to contact a enhancements to the OTC Bulletin claimed that adherence to the minimum of three dealers (or all dealers Board to increase the reliability of requirement may not assure the if three or less) and obtain quotations in information contained therein. These satisfaction of the best execution determining the best inter-dealer changes include: requiring that all obligation and, in fact, may hinder market. Under the best execution priced quotations entered by market satisfaction of the obligation because of interpretation, each member is generally makers in domestic securities be firm the time delays involved in contacting required to use reasonable diligence to for at least one trading unit; 7 calculating and collecting quotations from three ascertain the best inter-dealer market for inside quotes for individual securities separate dealers. Some member broker- a security, and to buy or sell in that and disseminating this information dealers have questioned whether the market so that the resultant price to the through vendors; and establishing larger Three Quote Rule should continue to customer is as favorable as possible minimum-size requirements for market apply to all customer transactions in under prevailing market conditions.3 makers’ quotes in domestic securities. non-Nasdaq securities due to the The Three Quote Rule was adopted in Most recently, in July, 1993, the technological and regulatory connection with the NASD’s efforts to Commission approved an NASD rule improvements to the non-Nasdaq develop a nationwide automated market change to implement real-time trade marketplace, and, in particular, to the surveillance program for non-Nasdaq, reporting for members’ over-the-counter OTC Bulletin Board, over the past seven over-the-counter (‘‘OTC’’) securities transactions in certain non-Nasdaq years. 8 (commonly referred to as ‘‘pink sheet’’ equity securities, and in April, 1994, Certain Non-Nasdaq Securities Quoted stocks). Concurrent with these activities, the NASD commenced real-time on the OTC Bulletin Board the NASD proposed and the dissemination of transaction reports via Commission approved new Schedule H the Nasdaq network and the networks of NASD Regulation believes that to the NASD’s By-Laws, which commercial vendors, providing member general exemptive authority under the established an electronic system of firms and their customers access to last- Rule may be appropriate to provide mandatory price and volume reporting sale price and volume information for some flexibility to respond to changing for the over-the-counter non-Nasdaq these securities throughout the business market conditions and respond to securities.4 The Three Quote Rule was day. particular fact situations. NASD designed to create a standard to help The OTC Bulletin Board meets the Regulation has not yet determined, assure that members would fulfill their requirements of an ‘‘automated however, whether any particular class of best execution responsibilities to quotation system’’ as the characteristics transactions should be exempted. Based customers in non-Nasdaq securities, of such system are described in Section on the technological and regulatory especially transactions involving 17B of the Act.9 As such, the OTC improvements made to the OTC Bulletin relatively illiquid securities with non- Bulletin Board has assisted member Board market, arguably certain classes transparent prices. broker-dealer in complying with certain of transactions on the OTC Bulletin OTC Bulletin Board Developments: disclosure regulations under Section Board may warrant an exemption from On May 1, 1990, the Commission issued 15(g) of the Act (Penny Stock Rules),10 the requirements of the Three Quote an order approving the operation of the and has deterred fraudulent and Rule if it can be demonstrated that the NASD’s OTC Bulletin Board Display manipulative trading practices in Penny Rule could serve as an impediment to Service (‘‘OTC Bulletin Board’’) for a Stocks 11 due to, among other things, satisfying the best execution obligation. pilot term of one year.5 The NASD real-time transaction reporting. Due to For example, certain customer agency the technological improvements to the orders in domestic equity securities may 2 The Best Execution Interpretation in Article III, OTC Bulletin Board, the NASD’s pose different issues and concerns than Section 1 of the NASD’s Rules of Fair Practice was trades in the same securities in which converted into new NASD Rule 2320 in connection 6 See Securities Exchange Act Release No. 27975 the member firm acts as principal in with the NASD’s Manual revision project. See (May 1, 1990), 55 FR 19123 (May 8, 1990). Securities Exchange Act Release No. 36698 (January effecting a transaction with its customer. 7 11, 1996), 61 FR 1419 (January 19, 1996). See Securities Exchange Act Release No. 29261 Facts to be considered in determining (May 31, 1991), 56 FR 29297 (June 26, 1991). 3 See NASD Rule 2320(a). whether to grant an exemptive request 8 See Securities Exchange Act Release No. 32647 4 New Schedule H of the By-laws required NASD could include: (1) The number of firms members executing principal transactions in non- (July 16, 1993), 58 FR 39262 (July 22, 1993). 9 publishing firm quotations and the Nasdaq securities to report price and volume data On October 15, 1990, the Securities Enforcement for the days on which their sales or purchases Remedies and Penny Stock Reform Act of 1990 period of time during which such exceeded 50,000 shares or $10,000. In 1993, (‘‘Reform Act’’) was signed into law. Among other quotations were published; (2) the size member obligations under Schedule H were things, the Reform Act amended the Exchange Act of the customer order in relation to the modified or eliminated as a result of the NASD by adding new Section 17B, which requires the adopting real-time reporting of transactions for non- Commission to facilitate the development of one or minimum size of the market makers’ Nasdaq securities. See Securities Exechange Act more automated quotation systems for the quotations; (3) the transaction volume of Release No. 32647 (July 16, 1993) , 58 FR 39262 collection and dissemination of information for all the security in question; and (4) the (July 22, 1993). penny stocks. number of dealers publishing quotations 5 10 See Rules 15g–1 through 15g–9 under the Act, On March 31, 1997, the SEC granted permanent through an electronic quotation medium approval of the OTC Bulletin Board. See Securities 17 CFR 240.15g–1 through 240.15g–90. Exchange Act Release No. 38456 (March 31, 1997), 11 Penny Stock is defined under Rule 3a51–1 of in comparison to dealers in the security 62 FR 16635 (April 7, 1997) . the Act, 17 CFR 240.3a51–1. that do not publish such quotes. Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44505

Certain Foreign Securities Listed on a Rule would not limit a member’s best B. Self-Regulatory Organization’s Foreign Exchange execution obligation. The staff expects Statement on Burden on Competition. Questions have been raised about the that the range of circumstances in which NASD does not believe that the application of the Three Quote Rule to exemptions may be granted would be proposed rule change will impose any the execution of customer transactions limited to those circumstances in which inappropriate burden on competition. it can be shown that the Three Quote in securities that are traded on certain C. Self-Regulatory Organization’s Rule would in fact hinder a member’s foreign exchanges, but not United States Statement on Comments on the best execution obligation. exchanges. Because the Three Quote Proposed Rule Change Received From Rule applies to transactions in all non- The Office of the General Counsel of Members, Participants, or Others Nasdaq securities,12 which are defined NASD Regulation would be responsible to exclude securities traded only on a No written comments were either for strict compliance with discharging solicited or received. ‘‘national securities exchange,’’ the rule this exemptive authority. Member by its terms applies to transactions broker-dealers would be instructed to III. Date of Effectiveness of the effected on any foreign exchange.13 For submit all requests for exemptions to Proposed Rule Change and Timing for example, where a member firm’s the Office of General Counsel, NASD Commission Action customer places an agency order to buy Regulation, and would be required to Within 35 days of the publication of or sell a foreign security listed on a this notice in the Federal Register or foreign exchange, the Three Quote Rule limit the requests to actual within such longer period (i) as the would require that the member broker- contemplated transactions or situations. Commission may designate up to 90 dealer contact at least three dealers and The staff will not provide exemptions in response to hypothetical situations or days of such date if it finds such longer obtain quotations prior to executing the period to be appropriate and publishes agency trade.14 In some circumstances, transactions. The request should be detailed and include all relevant its reasons for so finding or (ii) as to it is argued, the exchange market may which the self-regulatory organization constitute the best market for the information necessary for the staff to reach a determination on the request. If consents, the Commission will: securities that are listed on that market, (A) By order approve the proposed and the time delay involved in a particular exemption involves a rule change, or contacting three dealers in advance of a particular class of transactions or class (B) Institute proceedings to determine customer transaction could hinder of customers that may be relevant to whether the proposed rule change obtaining the best execution for the other member broker-dealers, the staff should be disapproved. customer. will also publish such results to the IV. Solicitation of Comments Nature of Customer membership through a Notice to Members or similar publication or Interested persons are invited to The nature of particular classes of broadcast. submit written data, views, and customers may be another factor in arguments concerning the foregoing. In Staff determination will be subject to determining whether an exemption is particular, the Commission wishes to appropriate. In some circumstances, for review by the National Business solicit comment on whether an example, an institutional customer may Conduct Committee. exemption from the three quote rule prefer not to inform or broadcast to 2. Statutory Basis should be available on an individual other intermediaries or market market maker basis, or whether an professionals its particular intent to buy NASD Regulation believes that the exemption should only be available for or sell a particular non–Nasdaq security. proposed rule change is consistent with all market makers in a particular Under these circumstances, when a Sections 11A(a)(1)(C),15 15A(b) (6),16 security or class of securities. Also, the member broker-dealer contacts three and 15A(b) (9) 17 of the Act. Section Commission is soliciting comment on other dealers in collecting quotations, as 11A(a) (1) (C) provides that it is in the the ability of market makers to monitor required by the Rule, in certain markets, public interest to, among other things, and report on the quality of their this activity may trigger or invite assure the economically efficient customers’ executions in securities that additional market activity by the parties execution of securities transactions. have been exempted from the Three contacted or others that may affect the Section 15A(b) (6) requires that the rules Quote Rule. Persons making written market price of the subject security. of a national securities association be submissions should file six copies thereof with the Secretary, Securities Procedures in Exercising Exemptive designed to prevent fraudulent and and Exchange Commission, 450 Fifth Authority manipulative acts and practices, to Street, N.W., Washington, D.C. 20549. promote just and equitable principles of It is important to note that the grant Copies of the submission, all subsequent trade, and to remove impediments to of an exemption to the Three Quote amendments, all written statements and perfect the mechanism of a free and with respect to the proposed rule 12 Non-Nasdaq security is defined in NASD Rule open market and a national market change that are filed with the 6710 as ‘‘any equity security that is neither system and in general to protect Commission, and all written included in the Nasdaq Stock Market nor traded on investors and the public interest. any national securities exchange * * *.’’ communications relating to the 13 The term ‘‘national securities exchange’’ is not Section 15A(b) (9) requires that rules of proposed rule change between the defined in NASD rules, but the requirements to an Association not impose any burden Commission and any person, other than qualify are set forth in Sections 6(a) and 19(a) of the on competition not necessary or those that may be withheld from the Act. appropriate in furtherance of the 14 If a transaction is subject to the Three Quote public in accordance with the Rule (NASD Rule 2320(g)), then for books and purposes of the Act. provisions of 5 U.S.C. 552, will be records purposes NASD Rule 3110(b)(2) requires available for inspection and copying at that ‘‘a person associated with a member shall the Commission’s Public Reference indicate on the memorandum for each transaction 1515 U.S.C. 78k–1(a)(1)(C). in a non-Nasdaq security * * * the name of each Room. Copies of such filing will also be dealer contacted and the quotation received to 1615 U.S.C. 78o–3(b)(6). available for inspection and copying at determine the best inter-dealer market.’’ 1715 U.S.C. 78o–3(b)(9). the principal office of the NASD. All 44506 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices submissions should refer to File No. individuals who allege discrimination Dated: August 15, 1997. SR–NASD–97–42 and should be on the grounds described above. Nicholas E. Tagliareni, submitted by September 11, 1997. Number of Respondents: 250. Reports Clearance Officer, Social Security Frequency of Response: 1. For the Commission, by the Division of Administration. Market Regulation, pursuant to delegated Average Burden Per Response: 1 hour. [FR Doc. 97–22170 Filed 8–20–97; 8:45 am] authority. Estimated Annual Burden: 250 hours. 3. Beneficiary Recontact Report— BILLING CODE 4190±29±U Margaret H. McFarland, 0960–0536. SSA uses the information Deputy Secretary. collected on form SSA–1587–OCR–SM [FR Doc. 97–22183 Filed 8–20–97; 8:45 am] to ensure that eligibility for benefits TENNESSEE VALLEY AUTHORITY BILLING CODE 8010±01±M continues after entitlement is established for children ages 15 through Paperwork Reduction Act of 1995, as 17. Studies show that children who Amended by Public Law 104±13; SOCIAL SECURITY ADMINISTRATION marry fail to report the marriage (which Submission for OMB Review; is a terminating event). SSA asks Comment Request Agency Information Collection children ages 15, 16 and 17 information Activities: Proposed Collection about marital status to detect AGENCY: Tennessee Valley Authority. Requests overpayments and to avoid continuing ACTION: Submission for OMB review; This notice lists information payments to those no longer entitled. comment request. collection packages that will require The respondents are applicants for Title submission to the Office of Management II benefits, ages 15 through 17. SUMMARY: The proposed information and Budget (OMB), in compliance with Number of Respondents: 835,492. collection described below will be Public Law 104–13 effective October 1, Frequency of Response: 1. submitted to the Office of Management Average Burden Per Response: 3 1995, The Paperwork Reduction Act of and Budget (OMB) for review, as minutes. required by the Paperwork Reduction 1995. Estimated Annual Burden: 41,775 1. Electronic Request for Replacement Act of 1995 (44 U.S.C. Chapter 35, as hours. SSA–1099/SSA–1042—0960–NEW. The 4. Waiver of Right to Appear, amended). The Tennessee Valley information requested will be used by Disability Hearing—0960–0534. Form Authority is soliciting public comments the Social Security Administration SSA–773–U4 is used by claimants to on this proposed collection as provided (SSA) to provide replacement copies of request waiver of their right to appear at by 5 CFR 1320.8(d)(1). Requests for Forms SSA–1099/SSA–1042 needed to a disability hearing. The information information, including copies of the prepare Federal tax returns. Over collected will be used to document that information collection proposed and 700,000 requests are received annually claimants understand their right to supporting documentation, should be for replacement forms from Social appear and the effects of their decision directed to the Acting Agency Clearance Security beneficiaries by SSA field to waive that right. The respondents are Officer: Wilma H. McCauley, Tennessee offices and teleservice centers. We claimants who wish to waive their right Valley Authority, 1101 Market Street intend to offer the public the option to to appear at a disability hearing, under (WR 4Q), Chattanooga, Tennessee use the Internet to request that SSA mail Titles II and XVI of the Social Security 37402–2801; (423) 751–2523. to them a replacement SSA–1099/SSA– Act. Comments should be sent to OMB 1042, eliminating the need for a phone Number of Respondents: 194. Office of Information and Regulatory call to a teleservice center or a visit to Frequency of Response: 1. Affairs, Attention: Desk Officer for a field office. The respondents are Title Average Burden Per Response: 15 Tennessee Valley Authority no later II Social Security beneficiaries. minutes. than September 22, 1997. Number of Respondents: 7,000. Estimated Annual Burden: 48 hours. Frequency of Response: 1. Written comments and SUPPLEMENTARY INFORMATION: Average Burden Per Response: 5 recommendations regarding the Type of Request: Regular submission, minutes. information collection(s) should be sent proposal to extend without revision a Estimated Annual Burden: 583 hours. within 60 days from the date of this currently approved collection of 2. Discrimination Complaint Form— publication, directly to the SSA Reports information (OMB control number 0960–NEW. The information collected Clearance Officer at the following 3316–0019). on form SSA–437 will be used by SSA address: Social Security Administration, Title of Information Collection: to investigate and informally resolve DCFAM, Attn: Nicholas E. Tagliareni, Energy Right Residential Program. complaints of discrimination based on 6401 Security Blvd., 1–A–21 Operations race, color, national origin, sex, age, Frequency of Use: On occasion. Bldg., Baltimore, MD 21235. Type of Affected Public: Individuals religion and retaliation in any program In addition to your comments on the or households. or activity conducted by SSA. A person accuracy of the Agency’s burden who believes that he or she has been estimate, we are soliciting comments on Small Business or Organizations discriminated against on any of the the need for the information; its Affected: No. above bases may file a written practical utility; ways to enhance its Federal Budget Functional Category complaint of discrimination. The quality, utility and clarity; and on ways Code: 271. information will be used to identify the to minimize burden on respondents, Estimated Number of Annual complainant; identify the alleged including the use of automated Responses: 12,000. discriminatory act; ascertain the date of collection techniques or other forms of Estimated Total Annual Burden the alleged act; obtain the identity of the information technology. Hours: 3,600. individual(s)/facility/component that To receive a copy of any of the forms Estimated Average Burden Hours Per allegedly discriminated; and ascertain or clearance packages, call the SSA Response: .3. other relevant information that would Reports Clearance Officer on (410) 965– This information is used by assist in the investigation and resolution 4125 or write to him at the address distributors of TVA power to assist in of the complaints. The respondents are listed above. identifying and financing energy Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44507 improvements for their electrical energy SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION customers. Request for Comments William S. Moore, Coast Guard Senior Manager, Administrative Services. The Coast Guard encourages [CGD 97±054] [FR Doc. 97–22192 Filed 8–20–97; 8:45 am] interested persons to comment by submitting written data, views, or BILLING CODE 8120±08±U arguments. Persons submitting Chemical Transportation Advisory comments should include their names Committee; Subcommittee on and addresses, identify this docket (CGD Prevention Through People DEPARTMENT OF TRANSPORTATION 95–041) and the specific section of this AGENCY: Coast Guard, DOT. document to which each comment ACTION: Notice of meeting. Coast Guard applies, and give the reason for each comment. Please submit two copies of SUMMARY: The Prevention Through [CGD 95±041] all comments and attachments in an People (PTP) Subcommittee of the unbound format, no longer than 81⁄2 by Chemical Transportation Advisory Propeller Injury Prevention Involving 11 inches, suitable for copying and Committee (CTAC) will meet to Rented Boats electronic filing. Persons wanting commerce its work on reviewing the acknowledgment of receipt of comments content of a tank barge’s Certificate of AGENCY: Coast Guard, DOT. should enclose stamped, self-addressed Inspection (COI). The group will also ACTION: Notice; extension of comment postcards or envelopes. meet to discuss current initiatives to period. develop a PTP Internet Web Site. The Background Information meeting will be open to the public. SUMMARY: In a notice published April Based on comments received, other 28, 1997 [62 FR 22991] the Coast Guard DATES: The PTP Subcommittee will research efforts and after consultation meet on Tuesday, August 26, 1997, from solicited comments on the effectiveness with the National Boating Safety of specific devices and interventions 9 a.m. to 4 p.m. Written material and Advisory Council in November 1996, requests to make oral presentations which have been suggested for reducing several potential devices and the numbers of recreational boating should reach the Coast Guard on or interventions have been suggested to aid before August 22, 1997. accidents involving rented power boats in propeller injury prevention. ADDRESSES: in which individuals are injured by the For complete descriptions of each The PTP Subcommittee will propeller. In response to the notice, the suggested potential device or meet in the training academy conference Coast Guard received only two intervention, see the Notice published room, ABS Plaza, 16855 Northchase comments and a request from an in the Federal Register on April 28, Drive, Houston, TX 77060. For organization called Stop Propeller 1997 (62 FR 22991). Persons submitting directions to the meeting, please contact Injuries Now (SPIN) for an extension of comments should do as directed under Lieutenant Rick Raksnis, Commandant the comment period. This notice ‘‘Request for Comments’’, and reply to (G–MSO–3), U.S. Coast Guard extends the comment period. the following specific suggested devices Headquarters, 2100 Second Street SW., DATES: Comments must be received by and interventions. Form letters simply Washington, DC 20593–0001. Send February 17, 1998. citing anecdotal evidence and stating written material and requests to make oral presentations to Lieutenant Rick ADDRESSES: You may mail comments to support for or opposition to regulations, without providing substantive data or Raksnis, Commandant (G–MSO–3), U.S. the Executive Secretary, Marine Safety Coast Guard Headquarters, 2100 Second Council (G–LRA/3406) (CGD 95–041), arguments do not supply support for regulations. Street SW., Washington, DC 20593– U.S. Coast Guard Headquarters, 2100 0001. Second Street SW., Washington, DC 1. Swimming ladders. FOR FURTHER INFORMATION CONTACT: 20593–0001, or deliver them to room (a) Location (b) Interlocks Lieutenant Rick Raksnis, telephone 3406 at the same address between 9:30 2. Large Warning Notices. 202–267–0084, fax 202–267–4570 or Mr. a.m. and 2 p.m., Monday through 3. Clear Vision Aft. Calvin A. Bancroft, Ocean Shipholdings, Friday, except Federal holidays. The 4. Propeller Shaft Engagement Alarm. Inc., 16211 Park Ten Place, Houston, TX telephone number is 202–267–1477. 5. Kill Switch/Auto Throttle and Neutral 77084; telephone 281–579–3700, fax The Executive Secretary maintains the Return. 6. Education. 281–579–3329. public docket for this notice. Comments, and documents as indicated in this Comments and information regarding SUPPLEMENTARY INFORMATION: Notice of preamble will become part of this propeller guards, pump jet (jet drives), this meeting is given pursuant to the docket and will be available for alternatives to propeller guards, and any Federal Advisory Committee Act, 5 inspection or copying at room 3406, other devices that might reduce the U.S.C. App. 2. likelihood of an accident or the severity U.S. Coast Guard Headquarters, between Agenda of Meetings 9:30 a.m. and 2 p.m., Monday through of an injury are also solicited. The agenda includes the following: Friday, except Federal holidays. The Coast Guard will consider all relevant comments in determining what (1) Assess the value to a tankerman- FOR FURTHER INFORMATION CONTACT: action may be necessary to address person in charge of the written Randolph Doubt, Project Manager, recreational boating accidents involving requirements on a tank barge’s COI to Recreational Boating Product Assurance rented power boats in which include, but not limited to, stability/ Division, (202) 267–6810. You may individuals are injured by the propeller. loading information and cargo names. obtain a copy of this Federal Register (2) Review/discuss current initiatives Notice and the original Federal Register Dated: August 8, 1997. by the Coast Guard to develop a PTP Notice by calling the Coast Guard A.S. Tangeman, Internet Web Site. Customer Infoline at 1–800–368–5647, Captain, U.S. Coast Guard, Director of or on the Office of Boating Safety Operations Policy, Acting. Procedural internet website at URL address: http:/ [FR Doc. 97–22134 Filed 8–20–97; 8:45 am] This meeting is open to the public. At /www.uscgboating.org. BILLING CODE 4910±14±M the Chair’s discretion, members of the 44508 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices public may make oral presentations requests to make oral presentations to ACTION: Notice of full meeting and during the meeting. If you would like to Lieutenant J.J. Plunkett, Commandant subcommittee meetings. make an oral presentation at the (G–MSO–3), U.S. Coast Guard meeting, please notify Lieutenant Headquarters, 2100 Second Street SW., SUMMARY: The two Subcommittees Raksnis no later than August 22, 1997. Washington DC 20593–0001. (Waterways and Navigation) and the full committee of the Houston/Galveston Written material for distribution at the FOR FURTHER INFORMATION CONTACT: Navigation Safety Advisory Committee meeting should reach the Coast Guard Lieutenant J.J. Plunkett, telephone 202– (HOGANSAC) will meet to discuss no later than August 22, 1997. If you 267–0087, fax 202–267–4570 or Mr. waterway improvements, aids to would like a copy distributed to each Paul J. Book, American Commercial navigation, current matters, and various member of the subcommittee in advance Barge Line Company, 1701 East Market other navigation safety matters affecting of the meeting, please submit 25 copies Street, Box 610, Jeffersonville, IN the Houston/Galveston area. All to Lieutenant Raksnis no later than 47131–0610; telephone 812–288–0220, meetings will be open to the public. August 22, 1997. fax 812–288–0478. DATES: The meeting of the Navigation SUPPLEMENTARY INFORMATION: Notice of Information on Services for Individuals Subcommittee will be held on this meeting is given as required by the With Disabilities Thursday, September 4, 1997 at 9 a.m. Federal Advisory Committee Act, 5 For information on facilities or and immediately following, the U.S.C. App. 2. services for individuals with disabilities Waterways Subcommittee will meet. or to request special assistance at the Agenda of Meeting The meeting of HOGANSAC full meeting, contact Lieutenant Raksnis as The agenda includes the following: committee will be held on Thursday, soon as possible. (1) Discussion and summary of the September 11, 1997 from 9 a.m. to Dated: August 8, 1997. subcommittee’s final draft report for the approximately 1 p.m. Members of the Joseph J. Angelo, Facility and Vessel Work Groups. public may present written or oral statements at the meetings. Director of Standards, Marine Safety and (2) Discussion of joint facility/vessel Environmental Protection. opportunities for improvements to the ADDRESSES: The subcommittee meetings [FR Doc. 97–22133 Filed 8–20–97; 8:45 am] VCS program. will be held at the Port of Houston Authority, 111 East Loop North, BILLING CODE 4910±14±M Procedural Houston, Texas. The HOGANSAC full This meeting is open to the public. At committee meeting will be held in the DEPARTMENT OF TRANSPORTATION the Chair’s discretion, members of the conference room of the Houston Pilots public may make oral presentations Office, 8150 South Loop East, Houston, Coast Guard during the meeting. If you would like to Texas. [CGD 97±052] make an oral presentation at the FOR FURTHER INFORMATION CONTACT: meeting, please notify Lieutenant Captain Kevin Eldridge, Executive Chemical Transportation Advisory Plunkett no later than August 15, 1997. Director of HOGANSAC, telephone Committee; Subcommittee on the Written material for distribution at the (713) 671–5199, or Commander Paula Review/Update of Vapor Control meeting should reach the Coast Guard Carroll, Executive Secretary of System Regulations no later than August 15, 1997. If you HOGANSAC, telephone (713) 671–5164. would like a copy distributed to each SUPPLEMENTARY INFORMATION: Notice of AGENCY: Coast Guard, DOT. member of the subcommittee in advance this meeting is given pursuant to the ACTION: Notice of meeting. of the meeting, please submit 25 copies Federal Advisory Committee Act, 5 to Lieutenant Plunkett no later than U.S.C. App. 2. SUMMARY: The Vapor Control System August 15, 1997. (VCS) Regulations Review/Update Agendas of the Meetings Subcommittee of the Chemical Information on Services for Individuals Subcommittee on Waterways. The Transportation Advisory Committee With Disabilities tentative agenda includes the following: (CTAC) will meet to finalize its work on For information on facilities or (1) Presentation by each work group developing recommended revisions to services with disabilities or to request of its accomplishments and plans for the the marine vapor control regulations special assistance at the meeting, future, including permanent VTS found in Title 33, Code of Federal contact Lieutenant Plunkett as soon as deviations, aids to navigation Regulations, part 154 and Title 46, Code possible. knockdown discrepancies and the of Federal Regulations, part 39. The Hurricane Plan. meeting will be open to the public. Dated: August 7, 1997. Joseph J. Angelo, (2) Review and discuss the work DATES: The VCS Subcommittee will completed by each work group. meet on Wednesday, August 20, 1997, Director of Standards, Marine Safety and Environmental Protection. Subcommittee on Navigation. The from 9 a.m. to 4 p.m. Written material [FR Doc. 97–22135 Filed 8–18–97; 3:42 pm] tentative agenda includes the following: and requests to make oral presentations (1) Presentation by each work group BILLING CODE 4910±14±M should reach the Coast Guard on or of its accomplishments and plans for the before August 15, 1997. future, including ACOE dredging ADDRESSES: The VCS Subcommittee will DEPARTMENT OF TRANSPORTATION projects, current meters, National meet in Salon 2, Wyndham Greenspoint Weather Service and Baytown Tunnel Hotel, 12400 Greenspoint Drive, Coast Guard removal. Houston, TX 77060. For directions to (2) Review and discuss the work the meeting, please contact Lieutenant [CGD08±97±029] completed by each work group. J.J. Plunkett, Commandant (G–MSO–3), Houston/Galveston Navigation Safety Houston/Galveston Navigation Safety U.S. Coast Guard Headquarters, 2100 Advisory Committee Meetings Advisory (full) Committee Second Street SW., Washington DC (HOGANSAC). The tentative agenda 20593–0001. Send written material and AGENCY: Coast Guard, DOT. includes the following: Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44509

(1) Opening remarks by the Executive 1992. The Noise Compatibility Program effective on August 13, 1997. It was Director (Capt. Eldridge) and chairman for Greater Pittsburgh International requested that the FAA review this (Tim Leitzell). Airport was approved by the FAA on material and that the noise mitigation (2) Approval of the May 15, 1997 June 8, 1993. The proposed amendment measures to be implemented jointly by minutes. to the approved noise compatibility the airport and surrounding (3) Report from the Waterways program will be approved or communities, be approved as a noise Subcommittee. disapproved on or before February 13, compatibility program under section (4) Report from the Navigation 1998. 104(b) of the Act. Preliminary review of Subcommittee. EFFECTIVE DATE: The effective date of the the submitted material indicates that it (5) Status reports on Committee start of FAA’s review of the noise conforms to the requirements for the membership, VTS rules deviations, compatibility program is August 13, submittal of noise compatibility Galveston anchorages, Bayport Tunnel 1997. The public comment periods ends programs, but that further review will be removal, Army Corps of Engineers’ September 13, 1997. necessary prior to approval or dredging projects, and comments and FOR FURTHER INFORMATION CONTACT: disapproval of the program. The formal discussions from the floor. Frank Squeglia, Environmental review period, limited by law to a Procedural Protection Specialist, AEA–610, maximum of 180 days, will be Planning and Programming Branch, completed on or before February 13, All meetings are open to the public. Eastern Region, Federal Aviation 1998. Members of the public may make oral Administration, Federal Building, JFK The FAA’s detailed evaluation will be presentations during the meetings. International Airport, Jamaica, New conducted under the provisions of 14 Information on Services for the York 11430. Telephone 718 553–3325. CFR Part 150, section 150.33. The Handicapped Comments on the proposed noise primary considerations in the compatibility program should also be evaluation process are whether the For information on facilities or submitted to the above office. proposed measures may reduce the level services for the handicapped or to SUPPLEMENTARY INFORMATION: This of aviation safety, create an undue request special assistance at the notice announces that the FAA is burden on interstate or foreign meetings, contact the Executive Director reviewing a proposed amendment to the commerce, or be reasonably consistent as soon as possible. approved noise compatibility program with obtaining the goal of reducing Dated: August 4, 1997. for Greater Pittsburgh International existing noncompatible land uses and T.W. Josiah, Airport which will be approved or preventing the introduction of Rear Admiral, U.S. Coast Guard Commander, disapproved on or before February 13, additional noncompatible land uses. Eighth Coast Guard District. 1998. This notice also announces the Interested persons are invited to [FR Doc. 97–22138 Filed 8–20–97; 8:45 am] availability of this program for public comment on the proposed program with BILLING CODE 4910±14±M review and comment. The proposed specific reference to these factors. All amendment to the sole remedial land comments, other than those properly use measure included in the approved addressed to local land use authorities, DEPARTMENT OF TRANSPORTATION noise compatibility program (a will be considered by the FAA to the voluntary sound insulation program) is Federal Aviation Administration extent practicable. Copies of the to allow persons willing to convey an proposed amendment, the FAA’s aerial easement to the County to elect Receipt of Amendment to Approved evaluation of the data presented, and its either to participate in the sound Noise Compatibility Program and effect on the approved noise insulation program or receive cash Request for Review for Greater compatibility program are available for compensation. The amendment also Pittsburgh International Airport, examination at the following locations: will eliminate the requirement that Pittsburgh, PA participants in the program be non- Federal Aviation Administration, National Headquarters, 800 AGENCY: Federal Aviation litigants. Litigants will then be Administration, DOT. permitted to participate in the program Independence Avenue SW., Room 617, Washington, DC 20591 ACTION: Notice. and receive sound insulation or cash compensation and related fees in Federal Aviation Administration, SUMMARY: The Federal Aviation exchange for the conveyance of an aerial Eastern Region Office, AEA–610 Administration (FAA) announces that it easement. Federal Building, JFK International is reviewing a proposed amendment to An airport operator who has Airport, Jamaica, NY 11430 the approved noise compatibility submitted noise exposure maps that are Mr. Gary L. Bishop, Director, Allegheny program that was submitted for Greater found by FAA to be in compliance with County Department of Aviation, Pittsburgh International Airport under the requirements of Federal Aviation Pittsburgh International Airport, the provisions of Title I of the Aviation Regulations (FAR) Part 150, Pittsburgh, PA 15231–0370 Safety and Noise Abatement Act of 1979 promulgated pursuant to Title I of the Questions may be directed to the (Pub. L. 96–193) (hereinafter referred to Act, may submit a noise compatibility individual named above under the as ‘‘the Act’’) and 14 CFR Part 150 by program for FAA approval which sets heading FOR FURTHER INFORMATION the Allegheny County Department of forth the measures the operator has CONTACT. Aviation (ACDA). This program was taken or proposes for the reduction of submitted subsequent to a existing noncompatible uses and for the Issued in Jamaica, New York, on August determination by the FAA that the prevention of the introduction of 13, 1997. associated noise exposure maps additional noncompatible uses. Harvey DeGraw, submitted under CFR Part 150 for The FAA has formally received the Acting Manager, Airports Division, Eastern Greater Pittsburgh International Airport proposed amendment to the approved Region, AEA–600. were in compliance with applicable noise compatibility program for Greater [FR Doc. 97–22103 Filed 8–20–97; 8:45 am] requirements effective December 10, Pittsburgh International Airport, BILLING CODE 4910±13±M 44510 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

DEPARTMENT OF TRANSPORTATION Nashville Airport Authority. The Federal Aviation Administration, 2851 specific maps under consideration are Directors Cove, Suite 3, Memphis, TN Federal Aviation Administration entitled Noise Exposure Map—1996 and 38131–0301 Noise Exposure Map—2001 in the General William G. Moore, President, Noise Exposure Map Notice; Nashville submission. The airport owner has One Terminal Drive, Suite 501, International Airport, Nashville, verified that the existing and forecast Nashville, TN 37214–4114. Tennessee conditions presented in the 1996 and Questions may be directed to the AGENCY: Federal Aviation 2001 noise exposure maps are individual named above under the Administration, DOT. considered to be representative of 1997 heading FOR FURTHER INFORMATION ACTION: Notice. and 2002 conditions, respectively. The CONTACT. FAA has determined that these maps for Issued in Memphis, Tennessee, August 5, SUMMARY: The Federal Aviation Nashville International Airport are in 1997. Administration (FAA) announces its compliance with applicable LaVerne F. Reid, determination that the noise exposure requirements. This determination is Manager, Memphis Airports District Office. maps submitted by the Metropolitan effective on August 5, 1997. FAA’s Nashville Airport Authority for determination on an airport operator’s [FR Doc. 97–22260 Filed 8–20–97; 8:45 am] Nashville International Airport under noise exposure maps is limited to a BILLING CODE 4910±13±M the provisions of Title I of the Aviation finding that the maps were developed in Safety and Noise Abatement Act of 1979 accordance with the procedures DEPARTMENT OF TRANSPORTATION (Pub. L. 96–193) and 14 CFR Part 150 contained in appendix A of FAR Part are in compliance with applicable 150. Such determination does not Federal Aviation Administration requirements. constitute approval of the applicant’s [Summary Notice No. PE±97±43] EFFECTIVE DATE: The effective date of the data, information or plans, or a commitment to approve a noise FAA’s determination on the noise Petitions for Exemption; Summary of compatibility program or to fund the exposure maps is August 5, 1997. Petitions Received; Dispositions of implementation of that program. FOR FURTHER INFORMATION CONTACT: Petitions Issued Charles L. Harris, 2851 Directors Cove, If questions arise concerning the Suite 3, Memphis, TN 38131–0301, precise relationship of specific AGENCY: Federal Aviation 901–544–3495. properties to noise exposure contours Administration (FAA), DOT. SUPPLEMENTARY INFORMATION: This depicted on a noise exposure map ACTION: Notice of petitions for notice announces that the FAA finds submitted under section 103 of the Act, exemption received and of dispositions that the noise exposure maps submitted it should be noted that the FAA is not of prior petitions. for Nashville International Airport are involved in any way in determining the SUMMARY: in compliance with applicable relative locations of specific properties Pursuant to FAA’s rulemaking requirements of Part 150, effective with regard to the depicted noise provisions governing the application, August 5, 1997. contours, or in interpreting the noise processing, and disposition of petitions Under section 103 of the Aviation exposure maps to resolve questions for exemption (14 CFR Part 11), this Safety and Noise Abatement Act of 1979 concerning, for example, which notice contains a summary of certain (hereinafter referred to as ‘‘the Act’’), an properties should be covered by the petitions seeking relief from specified airport operator may submit to the FAA provisions of section 107 of the Act. requirements of the Federal Aviation noise exposure maps which meet These functions are inseparable from Regulations (14 CFR Chapter I), applicable regulations and which depict the ultimate land use control and dispositions of certain petitions noncompatible land uses as of the date planning responsibilities of local previously received, and corrections. of submission of such maps, a government. These local responsibilities The purpose of this notice is to improve description of projected aircraft are not changed in any way under Part the public’s awareness of, and operations, and the ways in which such 150 or through FAA’s review of noise participation in, this aspect of FAA’s operations will affect such maps. The exposure maps. Therefore, the regulatory activities. Neither publication Act requires such maps to be developed responsibility for the detailed of this notice nor the inclusion or in consultation with interested and overlaying of noise exposure contours omission of information in the summary affected parties in the local community, onto the map depicting properties on is intended to affect the legal status of government agencies, and persons using the surface rests exclusively with the any petition or its final disposition. the airport. airport operator which submitted those DATES: Comments on petitions received An airport operator who has maps, or with those public agencies and must identify the petition docket submitted noise exposure maps that are planning agencies with which number involved and must be received found by FAA to be in compliance with consultation is required under section on or before September 10, 1997. the requirements of Federal Aviation 103 of the Act. The FAA has relied on ADDRESSES: Send comments on any Regulations (FAR) Part 150, the certification by the airport operator, petition in triplicate to: Federal promulgated pursuant to Title I of the under § 150.21 of FAR Part 150, that the Aviation Administration, Office of the Act, may submit a noise compatibility statutorily required consultation has Chief Counsel, Attn: Rule Docket (AGC– program for FAA approval which sets been accomplished. 200), Petition Docket No. llll, 800 forth the measures the operator has Copies of the noise exposure maps Independence Avenue, SW., taken or proposes for the reduction of and of the FAA’s evaluation of the maps Washington, D.C. 20591. existing noncompatible uses and for the are available for examination at the Comments may also be sent prevention of the introduction of following locations: electronically to the following internet additional noncompatible uses. address: 9–NPRM–[email protected]. The FAA has completed its review of Federal Aviation Administration, 800 The petition, any comments received, the noise exposure maps and related Independence Avenue, SW., Room and a copy of any final disposition are descriptions submitted by Metropolitan 617, Washington, D.C. 20591 filed in the assigned regulatory docket Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44511 and are available for examination in the 30 days after failure without presenting processing, and disposition of petitions Rules Docket (AGC–200), Room 915G, a signed statement certifying additional for exemption (14 CFR part 11), this FAA Headquarters Building (FOB 10A), instruction in the failed area; and (4) notice contains a summary of certain 800 Independence Avenue, SW., administer the aviation mechanic petitions seeking relief from specified Washington, D.C. 20591; telephone written test to students immediately requirements of the Federal Aviation (202) 267–3132. after they successfully complete the Regulations (14 CFR Chapter I), FOR FURTHER INFORMATION CONTACT: general curriculum but before they meet dispositions of certain petitions Heather Thorson (202) 267–7470 or the experience requirements of § 65.77. previously received, and corrections. The purpose of this notice is to improve Angela Anderson (202) 267–9681 Office Dispositions of Petitions of Rulemaking (ARM–1), Federal the public’s awareness of, and Aviation Administration, 800 Docket No.: 27998. participation in, this aspect of FAA’s Independence Avenue, SW., Petitioner: Petroleum Helicopters, Inc. regulatory activities. Neither publication Washington, DC 20591. Sections of the FAR Affected: 14 CFR of this notice nor the inclusion or This notice is published pursuant to 43.3.(g). omission of information in the summary paragraphs (c), (e), and (g) of § 11.27 of Description of Relief Sought/ is intended to affect the legal status of Part 11 of the Federal Aviation Disposition: To permit appropriately any petition or its final disposition. trained pilots employed by PHI to Regulations (14 CFR part 11). DATES: remove and reinstall the copilot’s Comments on petitions received Issued in Washington, D.C., on August 14, must identify the petition docket 1997. ‘‘quick release’’ cyclic and collective controls (copilot’s controls) and the tail number involved and must be received Donald P. Byrne, rotor pedal shield (shield panel) on Bell on or before September 2, 1997. Assistant Chief Counsel for Regulations. Model 230 helicopters owned and ADDRESSES: Send comments on any Petitions for Exemption operated by PHI. petition in triplicate to: Federal Denial, 7/30/97, Exemption No. 6663. Docket No.: 28946. Aviation Administration, Office of the Petitioner: Construcciones Docket No.: 28638. Chief Counsel, Attn: Rule Docket (AGC– Aeronauticas, S.A. Petitioner: U.S. Department of Justice, 200), Petition Docket No. 28998, 800 Sections of the FAR Affected: 14 CFR Immigration and Naturalization Service. Independence Avenue, SW., 25.571(e)(1). Sections of the FAR Affected: 14 CFR Washington, D.C. 20591. Description of Relief Sought: to permit 91.111(b), 91.159(a), and 91.209(a). Comments may also be sent exemption, for the CASA C–295 Description of Relief Sought/ electronically to the following internet airplane, from the bird strike provisions Disposition: To permit INS to conduct address: 9–NPRM–[email protected]. of § 25.257(e)(1) to allow compliance in-flight identification, surveillance, and The petition, any comments received, with the requirement using bird impact pursuit operations consistent with the and a copy of any final disposition are velocity of Vc at sea level or 0.85Vc at assigned mission of INS. filed in the assigned regulatory docket 8,000 feet, whichever is more critical. Grant, 8/6/97, Exemption No. 1533D. and are available for examination in the Docket No.: 28963. Docket No.: 26326. Rules Docket (AGC–200), Room 915G, Petitioner: Wiggins Airways, Inc. Petitioner: T.B.M., Inc., and Butler FAA Headquarters Building (FOB 10A), Sections of the FAR Affected: 14 CFR Aircraft Co. 800 Independence Avenue, SW., 43.3. Sections of the FAR Affected: 14 CFR Washington, D.C. 20591; telephone Description of Relief Sought: In the 91.611. (202) 267–3132. event of an ignition box failure, permit Description of Relief Sought/ FOR FURTHER INFORMATION CONTACT: appropriately trained certificated pilots Disposition: To permit T.B.M. and Heather Thorson (202) 267–7470 or employed by Wiggins to change the Butler to conduct ferry flights with one Angela Anderson (202) 267–9681 Office electrical leads from the ignition box to engine inoperative on its Lockheed C– of Rulemaking (ARM–1), Federal the spare ignition box on Wiggins’ 130A aircraft without obtaining a Aviation Administration, 800 Cessna C208B caravan aircraft used in special flight permit for each flight. Independence Avenue, SW., operations conducted under 14 CFR part Grant, 8/6/97, Exemption No. 6667. 135. Washington, DC 20591. [FR Doc. 97–22104 Filed 8–20–97; 8:45 am] Docket No.: 28954. This notice is published pursuant to Petitioner: Heart of Georgia Technical BILLING CODE 4910±13±M paragraphs (c), (e), and (g) of § 11.27 of Institute. Part 11 of the Federal Aviation Regulations (14 CFR Part 11). Sections of the FAR Affected: 14 CFR DEPARTMENT OF TRANSPORTATION 65.17(a), 65.19(b), 65.75 (a) and (b), Issued in Washington, D.C., on August 14, 183.11(b). Federal Aviation Administration 1997. Description of Relief Sought: To allow Donald P. Byrne, [Summary Notice No. PE±97±44] HGTI to: (1) Administer the Federal Assistant Chief Counsel for Regulations. Aviation Administration (FAA) oral and Petitions for Exemption; Summary of Petitions for Exemption practical mechanic tests to students at Petitions Received; Dispositions of times and places identified in HGTI’s Petitions Issued Docket No.: 28998. FAA-approved Aviation Maintenance Petitioner: Trans Continental Airlines, Technology Policies, Procedures, and AGENCY: Federal Aviation Inc. Curriculum Handbook; (2) conduct oral Administration (FAA), DOT. Sections of the FAR Affected: 14 CFR and practical mechanics tests as an ACTION: Notice of petitions for 21.93(b)(2)(2)(iii). integral part of the education process exemption received and of dispositions rather than conducting the tests after of prior petitions. Description of Relief Sought: To students successfully complete the permit petitioner to continue the mechanics written tests; (3) allow SUMMARY: Pursuant to FAA’s rulemaking operation of a DC–8–62 aircraft for an applicants to apply for retesting within provisions governing the application, additional 60 days without its Stage III 44512 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

Burbank Aeronautical Corporation hush Issued in Washington, DC, on August 14, Administrator, Federal Transit kit. 1997. Administration, Region IV, (404) 562– Janice L. Peters, 3500. [FR Doc. 97–22105 Filed 8–20–97; 8:45 am] Designated Official. BILLING CODE 4910±13±M SUPPLEMENTARY INFORMATION: [FR Doc. 97–22261 Filed 8–20–97; 8:45 am] BILLING CODE 4910±13±M Description of Study Area and Project Need DEPARTMENT OF TRANSPORTATION The Tren Urbano project now under Federal Aviation Administration DEPARTMENT OF TRANSPORTATION construction will provide rail transit facilities along a 17.2-km route Federal Transit Administration RTCA, Inc., Special Committee 172; connecting the areas of Bayamo´n, Guaynabo, Rı´o Piedras, Hato Rey and Future Air-Ground Communications in Environmental Impact Statement on Santurce in the San Juan metropolitan the VHF Aeronautical Data Band (118± the Phase 1A Extension of Tren area. The double-tracked transit line 137 MHz) Urbano will include segments at grade, on aerial Pursuant to section 10(a) (2) of the AGENCY: Federal Transit Administration, structures and in a subway, depending Federal Advisory Committee Act (Pub. DOT. on right-of-way and physical and urban L. 92–463, 5 U.S.C., Appendix 2), notice ACTION: Notice of intent to prepare an factors. The Phase 1A extension of the is hereby given for Special Committee Environmental Impact Statement (EIS). line will bring rail transit facilities further into the Santurce residential, 172 meeting to be held September 9–12, SUMMARY: The Federal Transit business and government district by 1997, starting at 9:00 a.m. The meeting Administration and the Puerto Rico connecting the Minillas area to the rest will be held at RTCA, 1140 Connecticut Highway and Transportation Authority of the Tren Urbano system. Avenue, NW., Suite 1020, Washington, intend to prepare a Supplemental DC, 20036. Environmental Impact Statement (SEIS) Alternatives The agenda will be as follows: in accordance with the National The No Action alternative, which Tuesday, September 9: (1) Plenary Environmental Policy Act (NEPA) for includes the committed Tren Urbano Convenes at 9:00 a.m. for 30 minutes: transportation improvements in the city line already under construction, will (2) Introductory Remarks; (3) Review of San Juan, Puerto Rico, as part of the serve as the baseline for the evaluation and Approval of the Agenda; (4) Tren Urbano rail rapid transit project in of the ‘‘Build’’ alternatives below, and Working Group (WG)–2, VHF Data the San Juan metropolitan area. The any additional alternatives generated through public comments or other Radio Signal-in-Space MASPS, SEIS is intended to be a supplement to sources. Several alignments were Continue Work on VDL Modes 2 and 3. the Final Environmental Impact Statement (FEIS) for the Tren Urbano, considered for the expansion before the Wednesday, September 10: (a.m.) (5) final two were selected for formal WG–2 Continues; (p.m.) (6) WG–3, San Juan Metropolitan Area, issued in November 1995. analysis in the Draft SEIS. The Review of Activities in VHF Digital The SEIS for the Phase 1A project alternatives eliminated were dropped Radio MOPS Document Program. covers the extension of the original line due to their adverse consequences on Thursday, September 11: (7) WG–3 past its currently approved eastern estimated project costs, their Continues. Friday, September 12: (8) terminus at Segrado Corazo´n station to contribution to excessive urban Plenary Reconvenes at 9:00 a.m.: (9) a new terminus at Minillas, a distance disruption or design and engineering Review and Approval of the Minutes of of approximately 1,500 meters. In difficulties. The remaining two ‘‘Build’’ the Previous Meeting; (10) Reports from addition to the No Action Alternative, options proposed for further analysis WG’s 2 & 3 Activities; (11) Report on two remaining ‘‘Build’’ alternatives for have been designated Alternative A and VDL Activities; (12) Reports on TDMA the extension will be considered, Alternative B. They each encompass a Industry Users Session; (13) EUROCAE designated as Alternatives A and B. route extension of approximately 1,500 WG–47 Report and Discussion of Each includes an underground station at meters and include an underground Schedule for Joint Meeting with WG–3; Minillas and a station between Segrado station in the Minillas area, although in (14) Review Issues List and Address Corazo´n and Minillas. The intermediate differing configurations. Each Future Work; (15) Other Business station in Alternative A is located on an alternative also includes an (Address FAA Request for Possible aerial structure, while in Alternative B intermediate station between the current ´ Revisions to DO–186A); (16) Dates and the intermediate station is underground. terminal station at Sagrado Corazon and the proposed Minillas station. Places of Next Meetings. DATES: Written comments on the scope Attendance is open to the interested of alternatives to be considered and Alternative A: Elevated Alignment along public but limited to space availability. impacts to be studied should be sent to PR–1 and PR–22 the Puerto Rico Highway and With the approval of the chairman, This alternative would extend the Transportation Authority’s Tren Urbano members of the public may present oral elevated structure west from the end of Project Office by October 6, 1997. See statements at the meeting. Persons the tail tracks at Sagrado Corazo´n ADDRESSES below. wishing to present statements or obtain station along the north service road of ADDRESSES: Written comments on the information should contact the RTCA PR–1 from Segrado Corazo´n Street to the project scope should be sent to Carlos A. Secretariat, 1140 Connecticut Avenue, interchange of PR–1 and PR–22. The Colo´n, Deputy Executive Director, alignment would cross over the roadway NW., Suite 1020, Washington, DC Puerto Rico Highway and 20036; (202) 833–9339 (phone); (202) of PR–22 turning to the north to be Transportation Authority, P.O. Box parallel with PR–22 on the west side of 833–9434 (fax); or http://www.rtca.org 42007, San Juan, PR 00940–2007, FAX the roadway. The elevated guideway (web site). Members of the public may (787) 722–1321. would descend into a depressed cut present a written statement to the FOR FURTHER INFORMATION CONTACT: Ms. south of Ferna´ndez Juncos Avenue and committee at any time. Susan E. Schruth, Regional continue in an open cut to an Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices 44513 underground station south of Ponce de about demonstration projects in their more than ten years and has an Leo´n Avenue. Tail tracks would extend area, and the potential benefits that may extensive audience in the emergency underground parallel to PR–22 north, result. It will be aired as part of the services and emergency management beyond Ponce de Leo´n to approximately Federal Emergency Management communities. By using EENET, OPS has Latimer Street. In addition to the center Agency’s (FEMA) Emergency Education the opportunity to involve thousands of platform station at Ponce de Leo´n, an Network (EENET) 150th broadcast, from public safety and emergency intermediate stop would be built along 2:00 p.m. to 3:30 p.m., Eastern Daylight management officials who routinely PR–1 at Los Angeles Street. This station Time, and will be easily accessible receive these programs. EENET sites use would be elevated and have side nationwide. Meaningful community the widely available ‘‘backyard satellite platforms. involvement and effective dish’’ technology. communication are critical elements in Alternative B: Underground Alignment Here are the ways you can watch this the success of the Demonstration along Ponce de Leo´ n Avenue broadcast: Program. —View the broadcast via Internet This alternative is the currently DATE: The electronic update broadcast (address http://ops.dot.gov/ approved alignment by the Puerto Rico will be aired on September 17, 1997, tmvid.htm. Planning Board, and has been in the from 2:00 p.m. to 3:30 p.m., Eastern Plan Vial for the San Juan Metropolitan Daylight Time. —Contact your local television cable Region since the Board and the company and ask if they will carry FOR FURTHER INFORMATION CONTACT: Governor approved it in 1982. Under this EENET video broadcast. Eben M. Wyman, (202) 366–0918, or by this alternative, the extension of Tren e-mail ([email protected]), —Contact your local government cable Urbano would be via an underground regarding the subject matter of this access office for specific information. alignment beneath Ponce de Leo´n Notice. Contact the Dockets Unit, (202) Many local governments have Avenue. Similar to the previous dedicated internal cable systems alternative, two stations would be 366–5046, for other material in the docket. which carry programs such as these to constructed. As part of this alternative, their offices and other facilities. both stations would be underground. SUPPLEMENTARY INFORMATION: The Demonstration Program tests an —Use a local facility which has a The alignment would extend west from TeleVision Receive-Only (‘‘dish’’). the Sagrado Corazo´n station along the innovative regulatory approach to achieving superior safety performance Many schools (elementary, secondary, north marginal road of PR–1 until west and community colleges), hospitals, of Pedro de Castro Street. At this point, by allowing pipeline operators to or local hotels and motels have these the alignment would curve northwest customize safety activities. OPS aired an facilities. and descend to a tunnel portal south of electronic town meeting on June 5, Ferna´ndez Juncos Avenue. The Minillas 1997, to discuss the risk management —Rent a portable TeleVision Receive- station would be located immediately program and candidate projects. Based Only (‘‘dish’’) and have it set up at west of PR–22 under Ponce de Leo´n and on feedback received from this effort, your viewing place. have a center platform. The tail tracks OPS is using this method as a regular —Set up a TeleVision Receive-Only would extend to a point west of Dos feature of risk management (‘‘dish’’) at your viewing facility. Hermanos Street. An intermediate communication efforts. During the June The technical information necessary center platform station would be located 5th live broadcast, viewers had an to align the receiver dish with one of the at or near the corner of Fidalgo Dı´az opportunity to pose questions and voice satellites is: Avenue. concerns to OPS, State, industry and community representatives. OPS is C-Band Issued On: August 18, 1997. seeking ways to expand the audience to Galaxy 6 Susan E. Schruth, include local safety and environmental Regional Administrator. protection officials as well as other Transponder 11 [FR Doc. 97–22257 Filed 8–20–97; 8:45 am] community representatives. These Downlink Freq: 3920 MHz BILLING CODE 4910±57±U broadcasts are also available via new Audio Frequency: 6.2/6.8 Internet technology, which provided the Location: 74 degrees West information via linkage to properly Polarity: Horizontal DEPARTMENT OF TRANSPORTATION equipped personal computers. Links to KU-Band Research and Special Programs the show and necessary software to Administration view it are found at the Town Meeting SBS 6 Homepage. The Internet address is: Transponder 14 [Docket No. PS±142; Notice 8] http://ops.dot.gov/tmvid.htm. Downlink Freq: 12043.5 MHz Videotapes of these broadcasts are Pipeline Risk Management available to loan to interested parties Audio Frequency: 6.2/6.8 Demonstration Program; Electronic from their State pipeline safety office, or Location: 74 degrees West Update from OPS Headquarters. Individuals can Polarity: Vertical AGENCY: Office of Pipeline Safety, DOT. request to borrow a copy of the June 5th A technical test will be shown 15 ACTION: Notice. videotape via the OPS Homepage (http:/ minutes before broadcast. For additional /ops.dot.gov), or by contacting OPS by information, call EENET at 1–800–527– SUMMARY: On Wednesday, September e-mail ([email protected]). 4893. 17, 1997, the Office of Pipeline Safety During the coming months while OPS is (OPS) will sponsor the second in a evaluating candidate projects, Issued in Washington, D.C. on August 15, 1997. series of satellite-based video stakeholders are encouraged to ask presentations on the status of the questions and provide information they Richard B. Felder, Pipeline Risk Management feel is relevant. Associate Administrator for Pipeline Safety. Demonstration Program. The broadcast OPS programs will be broadcast via [FR Doc. 97–22142 Filed 8–20–97; 8:45 am] will show how communities can learn EENET, which has been broadcasting for BILLING CODE 4910±60±P 44514 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Notices

DEPARTMENT OF TRANSPORTATION decision will be issued by November 18, DEPARTMENT OF THE TREASURY 1997. Surface Transportation Board Customs Service Any offer of financial assistance [STB Docket No. AB±167 (Sub-No. 1179X)] (OFA) to subsidize continued rail [T.D. 97±71] service 1 under 49 CFR 1152.27(b)(2) Consolidated Rail CorporationÐ will be due no later than 10 days after Revocation of Customs Broker Discontinuance ExemptionÐin Suffolk service of a decision granting the Licenses County, MA petition for exemption. Each offer of AGENCY: U.S. Customs Service, On July 31, 1997, Consolidated Rail financial assistance must be Department of the Treasury. Corporation (Conrail) filed with the accompanied by the filing fee, which is ACTION: General notice. Surface Transportation Board (Board) a currently set at $900. See 49 CFR petition under 49 U.S.C. 10502 for 1002.2(f)(25). SUMMARY: Notice is hereby given that on exemption from the provisions of 49 All filings in response to this notice July 15, 1997, the Secretary of the U.S.C. 10903 to discontinue, for a must refer to STB Docket No. AB–167 Treasury, pursuant to Section 641, Tariff period of approximately 3 years, all rail (Sub-No. 1179X) and must be sent to: (1) Act of 1930, as amended, (19 U.S.C. transportation over a line of railroad Surface Transportation Board, Office of 1641), and Part 111.74 of the Customs known as the Boston Terminal Running the Secretary, Case Control Unit, 1925 K Regulations, as amended (19 CFR Track (also sometimes known as ‘‘Track Street, N.W., Washington, DC 20423– 111.74), ordered the revocation of the 61’’), lying between the west side of following Customs broker licenses due Summer Street at approximately 0001; and (2) John J. Paylor, 2001 Market Street—16A, Philadelphia, PA to the failure of the broker to file the railroad milepost 0.85 and the end of status report as required by 19 CFR 19101–1416. the track at Boston Harbor Pier, a 111.30(d). These licenses were issued in distance of approximately 0.50 mile, Persons seeking further information the Los Angeles District. The list of traversing U.S. Postal Service ZIP Code concerning abandonment or affected brokers is as follows: 02127, in the City of Boston, Suffolk discontinuance procedures may contact Valerie J. Abe ...... 11778 County, MA. the Board’s Office of Public Services at Ruth Ardette Abejon...... 10485 The right-of-way and track on this (202) 565–1592 or refer to the full Joan Virginia Allen ...... 10482 line are owned and maintained by the abandonment or discontinuance June Amaral ...... 10484 Massachusetts Port Authority and regulations at 49 CFR part 1152. David Lee Coggin ...... 11138 operated by Conrail. The Massachusetts Questions concerning environmental Lana Boyd Cohen...... 10726 Highway Department has requested issues may be directed to the Board’s Clive R. Costley...... 04153 Conrail to seek authority to discontinue Aaron Ralph Davidson...... 14085 Section of Environmental Analysis George Dobovanszky...... 14244 service over the line for a period of (SEA) at (202) 565–1545. [TDD for the approximately 3 years, to facilitate Regina M. Farin...... 11771 hearing impaired is available at (202) construction of a portion of the Central Muir Ferdun...... 11096 565–1695.] Linda Solveig Gerwig...... 09336 Artery/Tunnel highway project, Lisa L. Giuletti ...... 11144 including the South Boston Interchange. Decided: August 13, 1997. William Crayton Haynes...... 11942 After the projected completion of this By the Board, David M. Konschnik, Candace T. Hickman...... 05627 project in July 2000, the line will have Director, Office of Proceedings. Duk Ee Hong ...... 15247 been restored to operating condition, Vernon A. Williams, Julia Marie Hurley ...... 10727 Barbara Jacobs ...... 13173 and Conrail will be able to resume Secretary. common carrier rail freight service on Vinh Nguyen Le ...... 15111 [FR Doc. 97–22108 Filed 8–20–97; 8:45 am] the line. Pending issuance of a decision Morgan Libby ...... 11194 in this matter, Conrail has placed an BILLING CODE 4915±00±U James R. Linnehan ...... 05413 Caslav S. Maksimevic ...... 11087 embargo on the line. James Boyd McIntyre, Jr ...... 13067 Conrail states that it does not believe Karinina Mareia Mitts...... 14525 that this line contains any federally Timothy Morales...... 06655 granted rights-of-way. To the extent Robert Nolan Murphy...... 13426 there may be any documentation in Bruce E. Peterson ...... 03871 Conrail’s possession in this regard, it Aleksandar Dusan Protic ...... 13882 will be made available promptly to Pamela Louise Schnetter ...... 13140 those requesting it. Gordon Stevens...... 07192 The interest of railroad employees 1 OFAs to acquire the line for continued rail Ronald W. Wall...... 12203 will be protected by the conditions set service, public use and trail use requests, and Evelyn Y. Williams ...... 12228 James Shigeru Yamashiro...... 09787 forth in Oregon Short Line R. environmental reporting requirements do not apply Company—Abandonment—Goshen, 360 when only a discontinuance is sought. Under the Dated: August 11, 1997. circumstance described by Conrail, an OFA to Philip Metzger, I.C.C. 91 (1979). subsidize continued service over the line would Director, Trade Compliance. By issuance of this notice, the Board appear to be inconsistent with local construction is instituting an exemption proceeding plans, but Conrail has not sought an exemption [FR Doc. 97–22132 Filed 8–20–97; 8:45 am] pursuant to 49 U.S.C. 10502(b). A final from the applicable provisions of section 10904. BILLING CODE 4820±02±P 44515

Corrections Federal Register Vol. 62, No. 162

Thursday, August 21, 1997

This section of the FEDERAL REGISTER Wednesday, July 16, 1997 make the contains editorial corrections of previously following correction: published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are On page 38201, in the third column, prepared by the Office of the Federal under the heading ‘‘Other Information’’, Register. Agency prepared corrections are the table is corrected to read as follows: issued as signed documents and appear in the appropriate document categories elsewhere in the issue.

DEPARTMENT OF COMMMERCE Economic Development Administration [Docket No. 950302065-7163-08] RIN 0610-ZA03

Economic Development Assistance Program for Disaster Recovery Activities, Availability of Funds Correction In notice document 97–18695 beginning on page 38200 in the issue of

Philadelphia region States covered

R. Byron Davis, Economic Development Representative, 405 Capitol Street, Room 411, Charleston, West Virginia 25201, Telephone: (304) 347±5252, Internet Ad- West Virginia. dress: [email protected]. William J. Day, Jr., Regional Director, Atlanta Regional Office, 401 West Peachtree Street, NW., Suite 1820, Atlanta, GA 30308±3510, Telephone: (404) 730±3002, Internet Address: [email protected] Atlanta Region Bobby D. Hunter, Economic Development Representative, 771 Corporate Drive, Suite 200, Lexington, Kentucky 40503±5477, Telephone: (606) 224±7426, Internet Ad- Kentucky. dress: [email protected]. Mitchell Parks, Economic Development Representative, 261 Cumberland Bend Drive, Nashville, Tennessee 37228, Telephone: (615) 736±5911, Internet Address: Tennessee. [email protected]. John D. Woodward, Regional Director, Denver Regional Office, 1244 Speer Boulevard, Room 670, Denver, CO 80204, Telephone: (303) 844±4714, Internet Address: [email protected] Denver Region Paul Hildebrandt, Economic Development Representative, 608 East Cherry Street, Room B±2, Columbia, Missouri 65201, Telephone: (573) 442±8084, Internet Ad- North Dakota. dress: phildeb1@doc. gov. Robert I. Cecil, Economic Development Representative, Federal Building, Room 593A, 210 Walnut Street, Des Moines, Iowa 50309, Telephone: (515) 284±4746, South Dakota. Internet Address: [email protected]. Robert Turner, Regional Contact, 1244 Speer Boulevard, Room 670, Denver, Colorado 80204, Telephone: (303) 844±4474, Internet Address: [email protected] ...... North Dakota and South Dakota. C. Robert Sawyer, Regional Director, Chicago Regional Office, 111 North Canal Street, Suite 855, Chicago, Illinois 60606±7204, Telephone: (312) 353±7706, Internet Address: [email protected] Chicago Region John B. Arnold, Economic Development Representative, 515 West First Street, Room 104, Duluth, Minnesota 55802, Telephone: (218) 720±5326, Internet Address: Minnesota and Illinois. [email protected]. Robert F. Hickey, Economic Development Representative, 200 North High Street, Federal Building, Room 740, Columbus, Ohio 43215, Telephone: (614) 469±7314, Ohio and Indiana. Internet Address: [email protected]. Pedro Garza, Regional Director, Austin Regional Office, Homer Thornberry Building, Suite 121, 903 San Jacinto Boulevard, Austin, Texas 78701±2450, Telephone: (512) 916±5595, Internet Address: [email protected] Austin Region Ava J. Lee, Homer Thornberry Building, Suite 121, 903 San Jacinto Boulevard, Austin, Texas 78701±2450, Telephone (512) 916±5824, Internet Address: Arkansas. [email protected]..

BILLING CODE 1505-01-D federal register August 21,1997 Thursday Compliance Guide;FinalRules of CommercialItemsandSmallEntity GSA AcquisitionRegulations; 48 CFRPart504,etal. Administration General Services Part II 444517 444518 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations

GENERAL SERVICES solicitations for commercial items and offerors on notice of the Government’s ADMINISTRATION open season solicitations, that have expectations for data submissions. been issued but where no contract has (4) Maintaining the Government’s 48 CFR Parts 504, 507, 510, 511, 512, been awarded shall be amended to ability to make price adjustments so 514, 515, 538, 539, 543, 546, 552, and conform to this final rule. However, that, in the event the Government learns 570 offerors shall not be required to that inaccurate, not current or resubmit information on commercial incomplete information was submitted, [APD 2800.12A, CHGE 76] sales practices and any requests for the Government will have a contractual RIN 3090±AF86 additional information shall be limited remedy to recover any overcharges. to the minimum needed. Existing MAS (5) Maintaining a post-award audit General Services Administration contracts that will expire more than provision for monitoring compliance Acquisition Regulation; Acquisition of three (3) years after the effective date of with specific contract provisions such Commercial Items this rule shall be modified to conform as the Price Reduction clause, the to the requirements of this final rule. Industrial Funding Fee clause and for AGENCY: Office of Acquisition Policy, overbillings. GSA. A. Background GSA’s Office of Acquisition Policy ACTION: Interim rule adopted as final Recently, GSA has made a number of will continue to work with procurement with changes. changes in the MAS program. This final officials in GSA’s Federal Supply rule represents a continuation of GSA’s Service and the Department of Veterans SUMMARY: On February 16, 1996, GSA efforts to reinvent the MAS program in Affairs (VA) and the Inspectors General published an interim rule revising the order to move the program to a future of GSA and VA to ensure that General Services Administration environment of greater use of contracting personnel and contract Acquisition Regulation (GSAR) to commercial practices, increased auditors fully understand the new rules, implement Items I and III of Federal competition, and greater responsibility work together to protect the Acquisition Circular 90–32 which for making smart buying decisions Government’s interests, and put the new amended the Federal Acquisition within the framework of the MAS policies into effective operation. Contractors and prospective Regulation (FAR) to implement the program by contracting personnel at the contractors have long expressed their portions of the Federal Acquisition front-line closest to the need. In moving view that their participation in the Streamlining Act of 1994 (Pub. L. 103– toward this new environment, GSA is Multiple Award Schedule (MAS) 355) dealing with the Truth in continuing to promote policies Program is hampered by rules they Negotiations Act and with the regarding the solicitation, award, and believe are unduly burdensome and acquisition of commercial items (61 FR administration of MAS contracts that 6164 and corrections published at 61 FR difficult to implement. GSA believes will allow GSA to continue to use the that by making the changes embodied in 10846 and 61 FR 14032). The interim collective leverage of the Federal rule revised the GSAR to conform to the this final rule it has removed many of Government to set up MAS contracts, the barriers to participation or full FAR as revised by FAC 90–32 and to that will be easy for our customers to implement portions of the FAR where participation by both large and small use and that will provide a wide variety business concerns, including small necessary to provide agency procedures. of quality supplies and services at The interim rule also canceled the disadvantaged and women-owned small competitive prices. business concerns. By employing Multiple Award Schedule (MAS) Policy GSA initiated this rule in order to Statement of October 1, 1982 (47 FR procedures that are more consistent simplify and streamline the process for with commercial practice, GSA expects 50242, November 5, 1982). This final awarding and administering MAS rule modifies certain portions of the to increase competition and thereby contracts and to bring GSA’s policies provide a wider range of choices at interim rule and adopts the balance of and procedures for the MAS program in rule as final. competitive prices to customer agencies. line with the Federal Acquisition On February 16, 1996, GSA published DATES: Effective Date: August 21, 1997. Regulation (FAR) as amended to an interim rule revising the GSAR to Applicability Date: For solicitations implement the Federal Acquisition implement Items I and III of Federal issued on or after August 21, 1997, use Streamlining Act of 1994 and the Acquisition Circular 90–32 which of the new policies, provisions and Clinger-Cohen Act of 1996. amended the FAR to implement the clauses is optional for solicitations This final rule makes changes in the portions of the Federal Acquisition issued before December 19, 1997, and program by: Streamlining Act of 1994 (Pub. L. 103– mandatory for solicitations issued on or (1) Reducing the information/data 355) dealing with the Truth in after December 19, 1997. (See required of offerors seeking to obtain Negotiations Act and with the SUPPLEMENTARY INFORMATION for further MAS contracts and focusing whenever acquisition of commercial items (61 FR guidance.) possible on the offeror’s written pricing 6164). The interim rule revised the FOR FURTHER INFORMATION CONTACT: Al policies, or standard commercial sales GSAR to conform to the FAR as revised Matera, Office of Acquisition Policy, practices if the offeror has no written by FAC 90–32 and to implement (202) 501–1224. policies, instead of on transactional portions of the FAR where necessary to SUPPLEMENTARY INFORMATION: All new sales data. provide agency procedures. The interim solicitations for commercial items and (2) Emphasizing the use of pre-award rule also canceled the Multiple Award open season solicitations issued under audits of information submitted in Schedule (MAS) Policy Statement of the multiple award schedule program support of price negotiations and October 1, 1982 (47 FR 50242, after August 21, 1997 may use the expressly limiting the contractual right November 5, 1982). policies, provisions and clauses in this to conduct post-award audits of On September 4, 1996, a notice was final rule on an optional basis and proposal information. published in the Federal Register to solicitations issued on or after December (3) Eliminating requirements for familiarize the public with the status of 19, 1997 shall conform to this final rule. offerors to certify sales data as current, finalizing the interim rule. The notice To the maximum extent practical, accurate and complete while putting also extended the period for public Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 444519 comment and provided notification of a make a significant investment in risk Pricing Disclosure/Information public meeting to be held September 19, aversion infrastructure. Submission Requirements 1996. GSA provided the public The final rule provides for GSA to Industry commentors suggested the commentors with the proposed final continue to seek to obtain the offeror’s interim rule requires disclosures of rule, a line-in-line out of the interim best price (most favored customer) singular transactions at lower prices rule to illustrate the specific changes based on its evaluation of discounts, than those offered the Government reflected in the final rule, the terms, conditions, and concessions unless they involved erratic, ad hoc reconciliation of public comments, and offered to commercial customers for discounting. Commentors also found the an option paper that discussed the similar purchases. provisions on ad hoc discounting to be options being considered on the issue of The suggestion that FASA created a confusing and subject to a wide range of post-award audit rights relating to new standard by referring to ‘‘fair and interpretations. In addition, industry information other than cost and pricing reasonable pricing’’ is not accurate. A commentors suggested that the data submitted in connection with the ‘‘fair and reasonable’’ price has long requirement to distinguish ad hoc contract or modification. GSA made been the goal of the Federal discounts would require establishment revisions to the interim rule to address procurement system and has been of a database. public comments and to take into reflected in regulations for years. The In addition, some commentors account the enactment of the Federal pursuit of ‘‘most favored customer’’ suggested that the requirement to Acquisition Reform Act of 1996 pricing as a goal is consistent with disclose information on discounts other (renamed the Clinger-Cohen Act). commercial practice and totally than those given to commercial, large Others in the public who did not consistent with the objective of volume end user customers was comment during the public comment negotiating a fair and reasonable price. inappropriate. period were invited to request a copy of In fact, the GAO specifically Some commentors suggested the the information. recommended that the GSA Comments on the interim rule were statement in the instructions for the Administrator ‘‘amend MAS policies to Commercial Sales Practices Format, received from the American Bar clearly state that the price analysis GSA Association (ABA), AT&T, Canon which indicated that GSA expects does to establish the Government’s MAS information submitted to be current, U.S.A., Inc., the Coalition for negotiation objective should start with Government Procurement (CGP), the accurate, and complete, is an implied or the best discount given to any of the constructive (de facto) certification. Council of Defense and Space Industry vendor’s customers but that GSA must Associations (CODSIA), the Department The interim rule has been revised to consider legitimate differences in terms of Justice (DOJ), the Department of clarify GSA’s intent to obtain and conditions identified and valued by Veterans Affairs (VA), the Federal Bar information on the offeror’s written the offeror when negotiating the Association (FBA), Federal Schedules pricing policies, or standard commercial Government’s MAS discount.’’ (GAO/ Incorporated, Hewlett Packard (HP), the sale practices if the offeror has no GGD–93–123, Multiple Award Schedule Information Technology Association of written policies, and a general Contracting, August 1993). The final America (ITAA), the Information explanation of the circumstances and rule is consistent with GAO’s Technology Industry Council (ITI), the frequency of deviations from those recommendation. Office of Inspector General for GSA, the policies or standard practices. Square D Company, and the Xerox Corp. GSA agrees that to be fair and Generally, only in cases where the The major issues raised and GSA’s reasonable a price does not have to be offeror is deviating from its policies or resolution of those issues are outlined the offeror’s most favored price and the practices to such an extent that the below. final rule reflects that position. The final policies or practices alone cannot be rule expressly states that the relied upon by the contracting officer to Most Favored Customer Pricing Goal Government recognizes that the terms make a determination that the prices Several commentors suggested that and conditions of commercial sales vary offered are fair and reasonable, will the the negotiation objective of ‘‘most and that there may be legitimate reasons contracting officer ask for transactional favored customer’’ should be eliminated why the best price is not achieved. The information. In cases where information in favor of a goal of ‘‘fair and final rule also states that the contracting is requested, the request will be targeted reasonable’’ prices. The commentors officer may award a contract containing to limit the submission of sales data to indicated that GSA’s pricing policy is pricing which is less favorable than the that needed by the contacting officer to inconsistent with the FAR and the goals best price the offeror extends to any establish whether the price is fair and of Congress and the Administration. commercial customer making similar reasonable. They also assert that the most favored purchases when the contracting officer In the final rule, the use of the customer discount objective is determines that the prices offered to the terminology ‘‘ad hoc discounting’’ is inconsistent with FASA which defined Government are fair and reasonable eliminated. If the offeror deviates from fair and reasonable pricing as the even though comparable discounts were its written discount policies or standard objective for the Federal Government. not negotiated, and award of a contract commercial sales practices, the offeror is Commentors argue that a fair and is otherwise in the best interest of the requested to explain the circumstances reasonable price does not have to be an Government. surrounding the deviations and to offeror’s most favored price and GSA’s GSA and its contracting officers have explain how often the deviations occur. insistence on this policy runs counter to a fiduciary responsibility to the The offeror is also asked to describe the numerous actions that have been taken taxpayers and to customer agencies to controls employed to assure the by Congress and the Administration. take full advantage of the Government’s integrity of the offeror’s pricing. Industry commentors indicate that such leverage in the market in order to obtain Generally, only in cases where the a policy is not appropriate for an agency the best price (most favored customer) offeror is deviating from its policies or which has a history of pursuing civil based on an evaluation of discounts, practices to such an extent that the fraud settlements and judgments. They terms, conditions and concessions policies or practices alone cannot be suggest that as long as this policy offered to commercial customers for relied upon by the contracting officer to remains, commercial companies must similar purchases. make a determination that the prices 444520 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations offered are fair and reasonable, will the post-award audit rights for data such cases, the right to access expires 2 contracting officer ask for transactional provided in support of price years after the award or modification. information. negotiations prior to award or contract Such determinations must be made on The final rule provides for GSA to modification. DOJ and the IGs believe a schedule-by-schedule basis. This continue to seek information on the that retention of the post-award audit is approach is expected to enhance the customer(s) or category of customer(s) necessary to protect the Government Government’s relationship with its that receives the offeror’s best discount from fraudulent and inaccurate contractors because it more nearly as well as customers or categories of disclosures. approximates commercial practice. customers that receive better prices Some comments also were received This change reflects a policy decision (discounts and concessions in any on the post-award compliance audit to make post-award audit provisions for combination) than those offered to the rights. The Information Technology information submitted in support of Government. Contracting officers cannot Association of America indicated that price negotiations prior to award or negotiate the best price for MAS they agree that GSA needs to have modification the exception rather than products and services unless they access to records to determine the general rule. GSA believes, as a legal consider the discounts that MAS compliance with the administration of matter, that GSA can conduct post- offerors give to their best customers. the contract; i.e., price reductions, award audits of information submitted Discounts offerors give to dealers, billing, etc. The Coalition for in support of price negotiations prior to distributors, and original equipment Government Procurement expressed a award or contract modification. manufacturers (OEMs) should not be willingness to work with GSA on ways Expressly limiting the contractual post- considered ‘‘off limits’’ simply because to give GSA the ability to check for award audit access for information the Government does not perform billing errors if the post-award audit provided during negotiations certain functions that those types of rights of information submitted in concerning pricing does not impact the customers perform. GSA believes that support of price negotiations prior to Inspector General’s independent an offeror’s best discount should award or contract modification were authority under the Inspector General generally be the starting point of the eliminated. Act; nor would it preclude a contractor price analysis GSA uses to establish the The final rule deletes the contract from voluntarily providing audit access Government’s MAS negotiation clause that automatically provides post- should circumstances so warrant. It also objective. GSA, however, recognizes the award audit rights for pricing does not impact independent authority need to consider legitimate differences information in every schedule contract. granted by virtue of other statutes, for in the terms and conditions of sale GSA expects to shift its emphasis to use example 38 U.S.C. 8126. between the Government’s MAS of pre-award audits of information Post-award compliance audits for purchases and vendor’s other submitted in support of price overbillings, billing errors, compliance customers. negotiations. In addition to other with the Price Reduction clause and the The final rule maintains the statement contract pricing tools, this shift will Industrial Funding Fee clause are regarding GSA’s expectation of provide the contracting officer a maintained for all schedule contracts in receiving current, accurate, and mechanism for verifying information the final rule. complete data. GSA does not view a submitted by offerors and will help Price Adjustment Clause statement putting offeror/contractors on avoid the potential problem of notice of its expectations as a de facto overpricing by revealing inaccurate, Industry commentors suggest that certification. incomplete or defective data before the GSA’s inclusion of a price adjustment contract is awarded. This approach is clause, which covers situations after Post-Award Audit Rights designed to avoid problems instead of award in which incomplete, not current, Industry commentors vigorously uncovering problems after contract or inaccurate pricing information is opposed the portions of GSA’s interim award. Notwithstanding this shift to discovered, is not consistent with the rule and proposed final rule made pre-award audits, GSA recognizes that spirit and intent of the Federal available in August 1996 which there may be circumstances which Acquisition Streamlining Act and the maintained authority for post-award warrant a contractual right to access in Federal Acquisition Reform Act audits of data provided in support of order to conduct post-award audits of (renamed the Clinger-Cohen Act), and is price negotiations prior to award or information provided during more restrictive than similar provisions contract modification. The commentors negotiations. However, GSA anticipates used in commercial practice. argued that the post-award access to such instances will involve a limited The final rule retains the Price pre-award data presented to support number of schedules. Therefore, the Adjustment clause. Even though GSA price negotiations is directly in conflict final rule allows the contracting officer has limited post-award audits of with the intent of Congress as contained to modify the Examination of Records information submitted in support of in the Federal Acquisition Reform Act by GSA (Multiple Award Schedule) price negotiations, there are other of 1996 (FARA) (renamed the Clinger- clause to provide for post-award access circumstances that may result in the Cohen Act of 1996). In addition, to records to verify the pre-award/ Government discovering that the industry commentors suggested that it is modification pricing, sales or other data offeror/contractor submitted inaccurate, not a commercial practice to allow post- submitted related to the supplies or not current or incomplete information. award audits of information provided services offered under the contract For example, the IG may perform an during negotiations concerning pricing. which formed the basis for award or audit based on its authority under the Contractors have also expressed the modification was accurate, current, and Inspector General Act. The IG may not view that the MAS contracts provide a complete. Such a modification can only find fraud but may find that incomplete, relatively low profit margin and make it be made after the contracting officer not current or inaccurate information difficult for contractors to justify the makes a determination that there is a was provided GSA and that the lack of investment in infrastructure required. likelihood of significant harm to the information impacted the price the On the other hand, the Department of Government without access to verify the contracting officer negotiated. Without a Justice (DOJ), GSA and VA Inspectors information and obtains the Senior clause, GSA has no recourse other than General (IG’s) argued for retention of the Procurement Executive’s approval. In to try and convince the contractor to Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 444521 negotiate an equitable settlement. The policies and procedures are deemed to 538, 539, 543, 546, 552 and 570 contractor would be under no be the least onerous and least intrusive continues to read as follows: contractual or legal obligation to do so. ones for offerors and contractors, but Authority: 40 U.S.C. 486(c). still provide GSA with sufficient B. Executive Order 12866 information to fully evaluate offers and PART 515ÐCONTRACTING BY This final rule was submitted to the determine price reasonableness. NEGOTIATION Office of Management and Budget Since the establishment of the MAS (OMB) under Executive Order 12866, Improvement Project in 1990, GSA has 2. Section 515.106–70 is revised to Regulatory Planning and Review. This considered and tested numerous read as follows: rule is not a major rule under 5 U.S.C. alternative data submissions under the 515.106±70 Examination of records by 804. MAS Program. Of note are the pilot test GSA clause. C. Regulatory Flexibility Act solicitations conducted in accordance with the Federal Register notice dated (a) The contracting officer shall insert A Final Regulatory Flexibility February 18, 1992, two National the clause at 552.215–70, Examination Analysis (FRFA) has been prepared and Performance Review Reinvention Pilot of Records by GSA, in solicitations and may be obtained from the Office of test solicitations issued by GSA’s contracts, other than multiple award Acquisition Policy, 18th & F Streets, Information Technology Service, and schedule contracts, that NW., Washington, DC 20405. A copy of the pilot test solicitations issued (1) Involve the use and disposition of the FRFA has been submitted to the pursuant to FSS Acquisition Letter FC– Government-furnished property, Chief Counsel for Advocacy of the Small 94–3. The conduct of those procurement (2) Provide for advance payments, Business Administration. The analysis actions has been fully evaluated and progress payments based on cost, or is summarized as follows: considered in developing this final rule. guaranteed loan, This rule revises the GSAR to bring it All public comments also have been (3) Contain a price warranty or price into conformance with the Federal considered. The policies and procedures reduction clause, Acquisition Regulation (FAR) as set forth herein are deemed to be the (4) Involve income to the Government amended by Items I and III of Federal least onerous and least intrusive ones where income is based on operations Acquisition Circular 90–32 which for potential contractors, but still that are under the control of the implemented portions of the Federal provide GSA with sufficient information contractor, Acquisition Streamlining Act of 1994 to fully evaluate offers and determine (5) Include an economic price (Pub. L. 103–355) dealing with the price reasonableness. adjustment clause, acquisition of commercial items and the This final rule is expected to have a (6) Are requirements, indefinite- Truth in Negotiations Act. The two beneficial impact on small entities quantity, or letter type contracts as Final Regulatory Flexibility Analyses because the rule simplifies procedures defined in FAR part 16, (one for Commercial Items, FAR Case for the MAS program, reduces the (7) Are subject to adjustment based on 94–790, and the other for TINA, FAR amount of information provided to a negotiated cost escalation base, or Case 94–721) that support the FAR support price negotiations and limits (8) Contain the provision at FAR changes serve the same purpose for this post-award audits of contractors 52.223–4, Recovered Material implementation. This regulatory records. Certification. The contracting officer flexibility analysis focuses on the GSAR may modify the clause to define the changes relating to the Multiple Award D. Paperwork Reduction Act specific area of audit (e.g., the use or Schedule (MAS) Program. The Paperwork Reduction Act applies disposition of Government-furnished MAS solicitations will require the to this final rule. The information property, compliance with the price submission of information from each collection requirements in 515.804–6 reduction clause). Counsel and the offeror on its pricing and discount and related provisions and clauses have Assistant Inspector General—Auditing policies, business practices, commercial been approved by the Office of or Regional Inspector General— terms and conditions, and commercial Management and Budget (OMB) under Auditing, as appropriate, must concur pricelists. This submission is in OMB Control Number 9000–0013. The in any modifications to the clause. accordance with FAR 15.804–5, which information collection requirements in (b) The contracting officer shall insert provides for submission of information 552.212–70, Preparation of Offer the clause at 552.215–71, Examination other than cost or pricing data. Such (Multiple Award Schedule), represent of Records by GSA (Multiple Award information is considered to be the least customary commercial practice and are Schedule), in solicitations and multiple burdensome for offerors, yet still approved under OMB Control Number award schedule contracts. With the provide sufficient information to 3090–0250. Senior Procurement Executive’s determine price reasonableness. approval, the contracting officer may This rule will apply to all offerors List of Subjects in 48 CFR Parts 504, modify the clause to also provide for responding to MAS solicitations and to 507, 510, 511, 512, 514, 515, 538, 539, post-award access to and the right to MAS contractors. Of the estimated 4,000 543, 546, 552, and 570 examine records to verify that the pre- offers submitted annually in response to Government procurement. award/modification pricing, sales or the various MAS solicitations, Accordingly, the interim rule other data related to the supplies or approximately 75 percent are received amending 48 CFR Parts 504, 507, 510, services offered under the contract from small businesses. Thus, this rule is 511, 512, 514, 515, 538, 539, 543, 546, which formed the basis for the award/ expected to have an impact on and 552 and 570 published at 61 FR modification was accurate, current, and approximately 3,000 small businesses. 6164, February 16, 1996, and complete. Such a modification of the This rule will not have a significant corrections published at 61 FR 10846 clause shall provide for the right of economic impact on small businesses. (March 15, 1996) and 61 FR 14032 access to expire 2 years after award or As noted above, the commercial item (March 29, 1996) is adopted as a final modification. Before modifying the and TINA changes merely bring the rule with the following changes: clause, the contracting officer shall GSAR into conformance with recent 1. The authority citation for 48 CFR make a determination that absent such FAR changes. For the MAS element, the Parts 504, 507, 510, 511, 512, 514, 515, access there is a likelihood of significant 444522 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations harm to the Government and submit it extent necessary to determine whether the Ending llllll. In the event that a to the Senior Procurement Executive for price(s) offered is fair and reasonable. dollar value is not an appropriate measure of approval. Such determinations must be (4) By submission of an offer in response the sales, provide and describe your own made on a schedule-by-schedule basis. to this solicitation, the Offeror grants the measure of the sales of the item(s). Contracting Officer or an authorized (2) Show your total projected annual sales 3. Section 515.804–6 is revised to read representative the right to examine, at any to the Government under this contract for the as follows: time before initial award, books, records, contract term, excluding options, for each documents, papers, and other directly SIN offered. If you currently hold a Federal 515.804±6 Instructions for submission of pertinent records to verify the pricing, sales Supply Schedule contract for the SIN the cost or pricing data or information other and other data related to the supplies or total projected annual sales should be based than cost or pricing data. services proposed in order to determine the on your most recent 12 months of sales under (a) Contracting officers should use reasonableness of price(s). Access does not that contract. SIN llll $ llll; SIN llll llll llll llll Alternate IV of the FAR provision at extend to Offeror’s cost or profit information $ ; SIN $ 52.215–41, Requirements for Cost or or other data relevant solely to the Offeror’s (3) Based on your written discounting determination of the prices to be offered in policies (standard commercial sales practices Pricing Data or Information Other Than the catalog or marketplace. in the event you do not have written Cost or Pricing Data, to provide the (b) Contracting officers shall insert the discounting policies), are the discounts and format for submission of information any concessions which you offer the other than cost or pricing data for following format for commercial sales Government equal to or better than your best multiple award schedule (MAS) practices in the exhibits or attachments price (discount and concessions in any contracts. To provide for uniformity in section of the solicitation (see FAR combination) offered to any customer requests under the MAS program, 12.303). acquiring the same items regardless of ll COMMERCIAL SALES PRACTICES quantity or terms and conditions? YES contracting officers should insert the ll following in paragraph (b) of the FORMAT NO . (See definition of ‘‘concession’’ and ‘‘discount’’ in 552.212–70). provision. Name of Offeror llllll SIN(S) llll (4)(a) Based on your written discounting (1) An offer prepared and submitted in policies (standard commercial sales practices accordance with the clause at 552.212–70, Note: Please refer to clause 552.212–70, in the event you do not have written Preparation of Offer (Multiple Award PREPARATION OF OFFER (MULTIPLE discounting policies), provide information as Schedule); AWARD SCHEDULE), for additional requested for each SIN (or group of SINs for (2) Commercial sales practices. The Offeror information concerning your offer. Provide which the information is the same) in shall submit information in the format the following information for each SIN (or accordance with the instructions at Table provided in this solicitation in accordance group of SINs or SubSIN) for which 515–1 which is provided in this solicitation with the instructions at Table 515–1 of the information is the same. for your convenience. The information GSA Acquisition Regulation; or submit (1) Provide the dollar value of sales to the should be provided in the chart below or in information in the Offeror’s own format. general public at or based on an established an equivalent format developed by the (3) Any additional supporting information catalog or market price during the previous offeror. Rows should be added to requested by the Contracting Officer. The 12 month period or the offerors last fiscal accommodate as many customers as required. Contracting Officer may require additional year. $llll. State begining and ending of See definition of ‘‘concession’’ and supporting information, but only to the the 12 month period. Beginning llll ‘‘discount’’ in 552.212–70.

Column 1 Column 2 Column 5 Customer discount Column 3 quantity/volume Column 4 FOB term concessions

(b) Do any deviations from your written agreeing to a modification, to the information along with a listing of contact policies or standard commercial sales manufacturer’s sales records for the purpose information regarding each of the practices disclosed in the above chart ever of verifying the information submitted by the manufacturers whose products and/or result in better discounts (lower prices) or manufacturer. The information is required in services are included in the offer (include the concessions than indicated? llYES order to enable the Government to make a manufacturer’s name, address, the llNO. ll. If YES, explain deviations in determination that the offered price is fair manufacturer’s contact point, telephone accordance with the instructions at Table and reasonable. To expedite the review and number, and FAX number) for each model 515–1 which is provided in this solicitation processing of offers, you should advise the offered by SIN: for your convenience. manufacturer(s) of this requirement. The (a) Manufacturer’s Name (5) If you are a dealer/reseller without contracting officer may require the (b) Manufacturer’s Part Number significant sales to the general public, you information be submitted on electronic (c) Dealer’s/Reseller’s Part Number should provide manufacturers’ information media with commercially available (d) Product Description required by paragraphs (1) through (4) above spreadsheet(s). The information may be (e) Manufacturer’s List Price for each item/SIN offered, if the provided by the manufacturer directly to the (f) Dealer’s/Reseller’s percentage discount manufacturer’s sales under any resulting Government. If the manufacturer’s item(s) is from List Price or net prices contract are expected to exceed $500,000. being offered by multiple dealers/resellers, You must also obtain written authorization only one copy of the requested information (End of Format) from the manufacturer(s) for Government should be submitted to the Government. In (c) The contracting officer should access, at any time before award or before addition, you must submit the following include the instructions for completing Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 444523 the commercial sales practices format in Award Schedule). Indicate the best discount substantial sales of the item(s) in the Table 515–1 in solicitations issued (based on your written discounting policies commercial market consistent with the under the multiple award schedule or standard commercial discounting practices information reflected on the chart on the program. if you do not have written discounting Commercial Sales Practice Format, a policies) at which you sell to the customer description of the conditions surrounding TABLE 515–1—INSTRUCTIONS FOR or category of customer identified in column those sales deviations, or other information COMMERCIAL SALES PRACTICES 1, without regard to quantity; terms and that may be necessary in order for the FORMAT conditions of the agreements under which Contracting Officer to determine whether If you responded ‘‘YES’’ to question (3), on the discounts are given; and whether the your offered price(s) is fair and reasonable. In the COMMERCIAL SALES PRACTICES agreements are written or oral. Net prices or cases where additional information is FORMAT, complete the chart in question discounts off of other price lists should be requested, the Contracting Officer will target (4)(a) for the customer(s) who receive your expressed as percentage discounts from the the request in order to limit the submission best discount. If you responded ‘‘NO’’ price list which is the basis for your offer. If of data to that needed to establish the complete the chart in question (4)(a) showing the discount disclosed is a combination of reasonableness of the offered price. your written policies or standard sales various discounts (prompt payment, (d) The contracting officer shall insert practices for all customers or customer quantity, etc.), the percentage should be the clause at 48 CFR 552.215–72, Price broken out for each type of discount. If the categories to whom you sell at a price Adjustment—Failure to Provide (discounts and concessions in combination) price lists which are the basis of the that is equal to or better than the price(s) discounts given to the customers identified Accurate Information, in solicitations offered to the Government under this in the chart are different than the price list and contracts to be awarded under the solicitation or with which the Offeror has a submitted upon which your offer is based, multiple award schedule program. current agreement to sell at a discount which identify the type or title and date of each (e) The contracting officer should use equals or exceeds the discount(s) offered price list. The contracting officer may require Alternate IV of the FAR clause at under this solicitation. Such agreement shall submission of these price lists. To expedite 52.215–42, Requirements for Cost or be in effect on the date the offer is submitted evaluation, offerors may provide these price Pricing Data or Information Other Than or contain an effective date during the lists at the time of submission. Cost or Pricing Data—Modifications, to Column 3—Identify the quantity or volume proposed multiple award schedule contract provide for submission of information period. If your offer is lower than your price of sales. Insert the minimum quantity or sales to other customers or customer categories volume which the identified customer or other than cost and pricing data for you will be aligned with the customer or category of customer must either purchase/ MAS contracts. To provide for category of customer that receives your best order, per order or within a specified period, uniformity in requests under the MAS price for purposes of the Price Reduction to earn the discount. When purchases/orders program, the contracting officer should clause at 552.238–76. The Government must be placed within a specified period to insert the following in paragraph (b) of expects you to provide information required earn a discount indicate the time period. the clause. by the format in accordance with these Column 4—Indicate the FOB delivery term instructions that is, to the best of your for each identified customer. (See FAR 47.3 (1) Information required by the clause at knowledge and belief, current, accurate, and for an explanation of FOB delivery terms.) 552.243–72, Modifications (Multiple Award complete as of 14 calendar days prior to its Column 5—Indicate concessions regardless Schedule); (2) Any additional supporting information submission. You must also disclose any of quantity granted to the identified customer requested by the Contracting Officer. The changes in your price list(s), discounts and/ or category of customer. Concessions are Contracting Officer may require additional or discounting policies which occur after the defined in solicitation clause 552.212–70 supporting information, but only to the offer is submitted, but before the close of Preparation of Offers (Multiple Award extent necessary to determine whether the negotiations. If your discount practices vary Schedule). If the space provided is price(s) offered is fair and reasonable. by model or product line, the discount inadequate, the disclosure should be made (3) By submitting a request for information should be by model or product on a separate sheet by reference. modification, the Contractor grants the line as appropriate. You may limit the If you respond ‘‘YES’’ to question 4(b) in Contracting Officer or an authorized number of models or product lines reported the Commercial Sales Practices Format, representative the right to examine, at any to those which exceed 75% of actual provide an explanation of the circumstances time before agreeing to a modification, books, historical Government sales (commercial under which you deviate from your written records, documents, papers, and other sales may be substituted if Government sales policies or standard commercial sales directly pertinent records to verify the are unavailable) value of the special item practices disclosed in the chart on the pricing, sales and other data related to the number (SIN). Commercial Sales Practices Format and supplies or services proposed in order to Column 1—Identify the applicable explain how often they occur. Your determine the reasonableness of price(s). customer or category of customer. A explanation should include a discussion of Access does not extend to Contractor’s cost ‘‘customer’’ is any entity, except the Federal situations that lead to deviations from or profit information or other data relevant Government, which acquires supplies or standard practice, an explanation of how solely to the Contractor’s determination of services from the Offeror. The term customer often they occur, and the controls you the prices to be offered in the catalog or includes, but is not limited to original employ to assure the integrity of your marketplace. equipment manufacturers, value added pricing. Examples of typical deviations may resellers, state and local governments, include, but are not limited to, one time PART 538ÐFSS SCHEDULE distributors, educational institutions (an goodwill discounts to charity organizations CONTRACTING elementary, junior high, or degree granting or to compensate an otherwise disgruntled school which maintains a regular faculty and customer; a limited sale of obsolete or 4. Section 538.270 is revised to read established curriculum and an organized damaged goods; the sale of sample goods to as follows: body of students), dealers, national accounts, a new customer; or the sales of prototype and end users. In any instance where the goods for testing purposes. 538.270 Evaluation of multiple award Offeror is asked to disclose information for a If deviations from your written policies or schedule offers. customer, the Offeror may disclose standard commercial sales practices (a) The Government will seek to information by category of customer if the disclosed in the chart on the Commercial obtain the offeror’s best price (the best offeror’s discount policies or practices are the Sales Practices Format are so significant and/ price given to the most favored same for all customers in the category. (Use or frequent that the Contracting Officer a separate line for each customer or category cannot establish whether the price(s) offered customer). However, the Government of customer.) is fair and reasonable, then you may be asked recognizes that the terms and conditions Column 2—Identify the discount. The term to provide additional information. The of commercial sales vary and that there ‘‘discount’’ is as defined in solicitation clause Contracting Officer may ask for information may be legitimate reasons why the best 552.212–70 Preparation of Offer (Multiple to demonstrate that you have made price is not achieved. 444524 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations

(b) The contracting officer will 5. Section 538.271 is amended by (1) Two copies of the offeror’s current establish negotiation objectives based on revising paragraph (a) to read as follows: published (dated or otherwise identified) a review of relevant data and determine commercial descriptive catalogs and/or price 538.271 MAS contract awards. list(s) from which discounts are offered. If price reasonableness. special catalogs or price lists are printed for (c) When establishing negotiation (a) MAS awards will be for commercial items as defined in FAR the purpose of this offer, such descriptive objectives and determining price catalogs or price lists shall include a reasonableness, contracting officers will 2.101. Contracts will be negotiated as a statement indicating the special catalog or compare the terms and conditions of the discount from established catalog price list represent a verbatim extract from MAS solicitation with the terms and prices. the Offeror’s commercial catalog and/or price conditions of agreements with the * * * * * list and identify the descriptive catalog and/ offeror’s commercial customers. The or price list from which the information has been extracted. contracting officer will consider the PART 543ÐCONTRACT MODIFICATIONS (2) Next to each offered item in the following factors when determining the commercial catalog and/or price list, the Government’s price negotiation 6. Section 543.205 is amended by Offeror shall write the special item number objectives: revising paragraph (c) to read as follows: (SIN) under which the item is being offered. (1) Aggregate volume of anticipated Unless a special catalog or price list is purchases; 543.205 Contract clauses. submitted, all other items shall be marked (2) The purchase of a minimum * * * * * ‘‘excluded,’’ lined out, and initialed by the quantity or a pattern of historic (c) The contracting officer shall insert offeror. (3) The discount(s) offered under this purchases; the clause at 48 CFR 552.243–72, Modifications (Multiple Award solicitation. The description of discounts (3) Prices taking into consideration offered shall include all discounts, such as any combination of discounts and Schedule), in solicitations and multiple prompt payment discounts, quantity/dollar concessions offered to commercial award schedule contracts. volume discounts (indicate whether models/ customers; products can be combined within the SIN or PART 552ÐSOLICITATION (4) Length of the contract period; whether SINs can be combined to earn PROVISIONS AND CONTRACT (5) Warranties, training and/or discounts), blanket purchase agreement CLAUSES maintenance included in the purchase discounts, or purchase option credits. If the terms of sale appearing in the commercial price or provided at additional cost to 7. Section 552.212–70 is revised to catalogs or price list on which an offer is the product prices; read as follows: based are in conflict with the terms of this (6) Ordering and delivery practices; solicitation, the latter shall govern. 552.212±70 Preparation of Offer (Multiple and (4) A description of concessions offered Award Schedule) (7) Any other relevant information under this solicitation which are not granted including differences between the MAS As prescribed in 48 CFR to other customers. Such concessions may solicitation and commercial terms and 512.301(a)(1), insert the following include, but are not limited to, an extended clause: warranty, a return/exchange goods policy, or conditions that may warrant enhanced or additional services. differentials between the offer and the PREPARATION OF OFFER (MULTIPLE AWARD SCHEDULE) (AUG 1997) (5) If the Offeror is a dealer/reseller or the best prices offered to the most favored Offeror will use dealers to perform any aspect commercial customer(s). For example, if (a) Definitions. Concession, as used in this of contract awarded under this solicitation, it is more expensive for an offeror to sell solicitation, means a benefit, enhancement or describe the functions, if any, that the dealer/ to the Government than to the customer privilege (other than a discount), which reseller will perform. either reduces the overall cost of a customer’s who receives the offeror’s best price or acquisition or encourages a customer to (End of Clause) if the customer (e.g., dealer, distributor, consummate a purchase. Concessions 8. Section 552.212–71 is amended by OEM, other reseller) who receives the include, but are not limited to freight revising the date of the provision and best price performs certain value-added allowance, extended warranty, extended revising the title of provision number functions for the offeror that the price guarantees, free installation and bonus 552.215–72 in the body of the provision Government does not perform, then goods. to read as follows: some reduction in the discount given to Discount, as used in this solicitation, the Government may be appropriate. In means a reduction to catalog prices 552.212±71 Contract Terms and (published or unpublished). Discounts cases where the best price is not offered Conditions Applicable to GSA Acquisition include, but are not limited to, rebates, of Commercial Items. to the Government, the contracting quantity discounts, purchase option credits, officer should ask the offeror to identify and any other terms or conditions other than * * * * * and explain the reason for any concessions) which reduce the amount of CONTRACT TERMS AND differences. Offerors shall not be money a customer ultimately pays for goods CONDITIONS APPLICABLE TO GSA required to provide detailed cost or services ordered or received. Any net price ACQUISITION OF COMMERCIAL lower than the list price is considered a breakdowns. ITEMS (AUG 1997) (c) The contracting officer may award ‘‘discount’’ by the percentage difference from the list price to the net price. * * * * * a contract containing pricing which is (b) For each Special Item Number (SIN) less favorable than the best price the included in an offer, the Offeror shall provide 552.215–72 Price Adjustment—Failure offeror extends to any commercial the information outlined in paragraph (c). to Provide Accurate Information customer for similar purchases, when Offerors may provide a single response * * * * * the contracting officer makes a covering more than one SIN, if the information disclosed is the same for all 9. Section 552.212–73 is revised to determination that: read as follows: (1) The prices offered to the products under each SIN. If discounts and Government are fair and reasonable concessions vary by model or product line, 552.212±73 EvaluationÐCommercial Items offerors shall ensure that information is (Multiple Award Schedule). even though comparable discounts were clearly annotated as to item or items not negotiated, and referenced. As prescribed in 48 CFR (2) Award of a contract is otherwise (c) Provide information described below 512.301(a)(4), insert the following in the best interest of the Government. for each SIN: provisions: Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 444525

EVALUATION—COMMERCIAL ITEMS access to and the right to examine any books, 552.243±72 Modifications (Multiple Award (MULTIPLE AWARD SCHEDULE) (AUG documents, papers and records of the Schedule). 1997) Contractor involving transactions related to * * * * * (a) The Government may make multiple this contract for overbillings, billing errors, MODIFICATIONS (MULTIPLE AWARD awards for the supplies or services offered in compliance with the Price Reduction clause SCHEDULE) (AUG 1997) response to this solicitation that meet the and compliance with the Industrial Funding definition of a ‘‘commercial item’’ in FAR Fee clause of this contract. This authority (a) General. The Contractor may request a shall expire 3 years after final payment. The 52.202–1. Awards may be made to those contract modification by submitting a request basic contract and each option shall be responsible offerors that offer reasonable treated as separate contracts for purposes of to the Contracting Officer for approval, pricing, conforming to the solicitation, and applying this clause. except as noted in paragraph (d) of this will be most advantageous to the clause. At a minimum, every request shall Government, taking into consideration the (End of Clause) describe the proposed change(s) and provide multiplicity and complexity of items of 11. Section 552.215–72 is revised to the rationale for the requested change(s). various manufacturers and the differences in read as follows: performance required to accomplish or (b) * * * produce required end results, production and 552.215±72 Price adjustmentÐFailure to (1) Additional items/additional SIN’s. distribution facilities, price, compliance with provide accurate information. When requesting additions, the following delivery requirements, and other pertinent As prescribed in 48 CFR 515.804– information must be submitted: factors. By providing a selection of 6(d), insert the following clause: (i) Information requested in paragraphs (1) comparable supplies or services, ordering and (2) of the Commercial Sales Practice PRICE ADJUSTMENT—FAILURE TO activities are afforded the opportunity to Format to add SIN’s. fulfill their requirements with the item(s) that PROVIDE ACCURATE INFORMATION: (AUG 1997) (ii) Discount information for the new constitute the best value and that meet their item(s) or new SIN(s). Specifically, submit needs at the lowest overall cost. (a) The Government, at its election, may the information requested in paragraphs 3 (b) A written notice of award or acceptance reduce the price of this contract or contract through 5 as applicable of the Commercial of an offer, mailed or otherwise furnished to modification if the Contracting Officer the offeror within the time for acceptance determines after award of this contract or Sales Practice Format. If this information is specified in the offer, shall result in a binding contract modification that the price the same as the initial award, a statement to contract without further action by either negotiated was increased by a significant that effect may be submitted instead. party. Before the offer’s specified expiration amount because the Contractor failed to: * * * * * time, the Government may accept an offer (or (1) provide information required by this (viii) Any information requested by part of an offer), whether or not there are solicitation/contract or otherwise requested 52.212–3(f), Offerors Representations and negotiations after its receipt, unless a written by the Government; or Certifications—Commercial Items, that may notice of withdrawal is received before (2) submit information that was current, award. accurate, and complete; or be necessary to assure compliance with 552.225–9, Trade Agreements Act. (End of Provision) (3) disclose changes in the Contractor’s commercial pricelist(s), discounts or * * * * * Alternate I (AUG 1997): discounting policies which occurred after the (3) Price Reduction. The Contractor shall When anticipating competition of identical original submission and prior to the indicate whether the price reduction falls items, add the following paragraph after completion of negotiations. under the item (i), (ii), or (iii) of (b) The Government will consider paragraph (b) of the basic provision. subparagraph (c)(1) of the Price Reduction information submitted to be current, accurate (c) The Government reserves the right to clause at 552.238–76. If the Price reduction and complete if the data is current, accurate award only one contract for all or a part of falls under item (i), the Contractor shall a manufacturer’s product line. When two or and complete as of 14 calendar days prior to submit a copy of the dated commercial price more offerors (e.g., dealers/resellers) offer the the date it is submitted. identical product, award may be made (c) If any reduction in the contract price list. If the price reduction falls under item (ii) competitively to only one offeror on the basis under this clause reduces the price for items or (iii), the Contractor shall submit a copy of of the lowest price. (Discounts for early for which payment was made prior to the the applicable price list(s), bulletins or letters payment will not be considered as an date of the modification reflecting the price or customer agreements which outline the evaluation factor in determining the low reduction, the Contractor shall be liable to effective date, duration, terms and conditions offeror). During initial open season for an and shall pay the United States— of the price reduction. (1) The amount of the overpayment; and option period, any offers that are equal to or * * * * * lower than the current contract price (2) Simple interest on the amount of such received for identical items will be overpayment to be computed from the date(s) considered. Current contractors will also be of overpayment to the Contractor to the date PART 570ÐACQUISITION OF allowed to submit offers for identical items the Government is repaid by the Contractor LEASEHOLD INTERESTS IN REAL during this initial open season. The current at the applicable underpayment rate effective PROPERTY contractor which has the identical item on each quarter prescribed by the Secretary of contract will be included in the evaluation the Treasury under 26 U.S.C. 6621(a)(2). 13. Section 570.308–2 is amended by process. The Government will evaluate all (d) Failure to agree on the amount of the revising paragraph (e) to read as follows: offers and may award only one contract for decrease shall be resolved as a dispute. each specified product or aggregate group. (e) In addition to the remedy in paragraph 570.308±2 Cost or pricing data. (a) of this clause, the Government may 10. Section 552.215–71 is revised to read * * * * * as follows: terminate this contract for default. The rights and remedies of the Government specified (e) If the proposed lessor refuses to 552.215±71 Examination of records by herein are not exclusive, and are in addition provide data when required, the GSA (Multiple Award Schedule). to any other rights and remedies provided by contracting officer shall follow the As prescribed in 48 CFR 515.106–70, law or under this contract. procedures in FAR 15.804–6(e). insert the following clause: (End of Clause) Dated: August 15, 1997. EXAMINATION OF RECORDS BY GSA 12. Section 552.243–72 is amended by Ida M. Ustad, (MULTIPLE AWARD SCHEDULE) (AUG revising the date of the clause, by 1997) revising paragraphs (a), (b)(1) Deputy Associate Administrator for Acquisition Policy. The Contractor agrees that the introductory text, (b)(1) (i), (ii) and Administrator of General Services or any (viii), (b)(3), and by deleting paragraph [FR Doc. 97–22144 Filed 8–20–97; 8:45 am] duly authorized representative shall have (b)(4) and Alternate I to read as follows: BILLING CODE 6820±61±P 444526 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations

GENERAL SERVICES The following is a summary of the previously used ‘‘Discount Schedule ADMINISTRATION most significant provisions of the final and Marketing Data’’ sheets. rule as it applies to the Multiple Award • Discuss deviations from written 48 CFR Chapter V Schedule (MAS) program: discounting policies or standard • GSA will continue to seek to obtain discounting practices. General Services Administration the offeror’s best price (the best price • If requested by the contracting Acquisition Regulation; Small Entity given to the most favored customer). officer, provide additional information Compliance Guide • The Government recognizes that necessary for the Contracting Officer to AGENCY: Office of Acquisition Policy, conditions may exist where terms, establish whether the offered price is GSA. conditions, and provisions of the fair and reasonable. • Ensure that any data submitted is ACTION: Small Entity Compliance Guide. Government contract may differ substantially from those of the offeror’s current, accurate, and complete. • SUMMARY: This Small Entity Compliance commercial customers and there may be Submit two copies of their current Guide has been prepared in accordance legitimate reasons why the best price is published commercial catalog and/or with Section 212 of the Small Business not achieved. price list, annotated as defined to Regulatory Enforcement Fairness Act of • In most cases, the Government will indicate what is and is not being offered 1996 (Pub. L. 104–121). It summarizes no longer have post-award audit rights to the Government. • Change 76 which amended the General for information provided during Describe all discounts and Services Administration Acquisition negotiations relating to price, but retains concessions offered to the Government. • Regulation (GSAR) concerning the post-award audit authority in order to If a dealer or if dealers will Multiple Award Schedule (MAS) ensure compliance with the Price participate in the contract, describe the program. Further information regarding Reduction and Industrial Funding Fee functions to be performed by the the change may be obtained by referring clauses of the contract and to identify dealers. • to Change 76 which precedes this overbillings and billing errors. Agree to make available to GSA’s notice. • GSA’s Office of Inspector General Administrator or authorized FOR FURTHER INFORMATION CONTACT: maintains independent authority under representative any books, documents, Marjorie Ashby, GSA Acquisition Policy the Inspector General Act. papers, or records involving Division, (202) 501–1224. • The Price Reduction Clause will transactions related to a resulting continue to apply. contract for overbillings, billing errors, SUPPLEMENTARY INFORMATION: This final and compliance with the Price The final rule stipulates that offerors rule adopts the interim rule which Reduction and Industrial Funding Fees responding to an MAS solicitation must: amended the GSAR as a final rule with Clauses. changes. The interim rule was • Complete the Commercial Sales published in the Federal Register on Practices Format to disclose written Dated: August 15, 1997. February 16, 1996, at (61 FR 6164). The discounting policies or standard Ida M. Ustad, final rule affects both GSA contracting discounting practices and sales Deputy Associate Administrator for personnel and commercial entities information relative to the products/ Acquisition Policy. submitting offers under the MAS services being offered to the [FR Doc. 97–22145 Filed 8–20–97; 8:45 am] program. Government. The Format replaces the BILLING CODE 6820±61±M federal register August 21,1997 Thursday Certain TransactionsWithRespecttoIran Executive Order13059ÐProhibiting Day, 1997 Proclamation 7017ÐWomen'sEquality The President Part III 44527

44529

Federal Register Presidential Documents Vol. 62, No. 162

Thursday, August 21, 1997

Title 3— Proclamation 7017 of August 19, 1997

The President Women’s Equality Day, 1997

By the President of the United States of America

A Proclamation Each year, on Women’s Equality Day, we reflect on how far we have traveled on our journey to make America live up to the ideals of justice and equality articulated so powerfully in the Declaration of Independence, the Constitu- tion, and the Bill of Rights. Few constitutional amendments have affected that progress more profoundly than the 19th, which guarantees American women the right to vote. Looking back from today’s vantage point, where women hold positions of authority and responsibility at almost every level of government, it is hard to imagine that, for almost a century and a half, women were barred from exercising the most fundamental right of every democracy. There are women still living among us who can remember a time when they were prevented, by law, from having a role in shaping the destiny of their country and the impact of government on their own and their families’ lives. But thanks to women and men of extraordinary courage and conviction, who waged for years a determined campaign for women’s suffrage, the 19th Amendment was ratified in August of 1920 and opened the door for generations of American women to add their vision and voices to our national discourse. This year, we mark another milestone in the life of our democracy: the 25th anniversary of the enactment of Title IX of the Education Amendments of 1972. Title IX, building on the spirit of the 19th Amendment, prohibits discrimination against women in education and sports programs. For a quar- ter-century, it has enabled American girls and women to make the most of their abilities, to dream big dreams, and, more important, to achieve those dreams. In large measure, because of the 19th Amendment and Title IX, our Nation has reaped the rewards of women’s talents, accomplishments, wisdom, and perspective. In every activity and profession, in the home and outside—as astronauts and professional athletes, as teachers and univer- sity presidents, as farmers and firefighters, as caregivers, Cabinet members, and Supreme Court Justices—women have made lasting contributions to the quality of our lives and the strength of our democracy. Today, as Americans engage in a serious and profoundly important dialogue on the future of our multiracial, multiethnic, multicultural society, we do well to remember that we are all immeasurably enriched when we choose the path of inclusion and empowerment. Women’s Equality Day and the anniversary of Title IX remind us that by demanding an equal opportunity for every American, we ensure a brighter future for all Americans. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim August 26, 1997, as Women’s Equality Day. I call upon the citizens of our great Nation to observe this day with appropriate programs and activities. 44530 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Presidential Documents

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

[FR Doc. 97–22481 œ– Filed 8–20–97; 11:16 am] Billing code 3195–01–P Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Presidential Documents 44531 Presidential Documents

Executive Order 13059 of August 19, 1997

Prohibiting Certain Transactions With Respect to Iran

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (‘‘IEEPA’’), the National Emer- gencies Act (50 U.S.C. 1601 et seq.), section 505 of the International Security and Development Cooperation Act of 1985 (22 U.S.C. 2349aa-9) (‘‘ISDCA’’), and section 301 of title 3, United States Code, I, WILLIAM J. CLINTON, President of the United States of America, in order to clarify the steps taken in Executive Orders 12957 of March 15, 1995, and 12959 of May 6, 1995, to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States declared in Executive Order 12957 in response to the actions and policies of the Government of Iran, hereby order: Section 1. Except to the extent provided in section 3 of this order or in regulations, orders, directives, or licenses issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the effective date of this order, the importation into the United States of any goods or services of Iranian origin or owned or controlled by the Government of Iran, other than information or informational materials within the meaning of section 203(b)(3) of IEEPA (50 U.S.C. 1702(b)(3)), is hereby prohibited. Sec. 2. Except to the extent provided in section 3 of this order, in section 203(b) of IEEPA (50 U.S.C. 1702(b)), or in regulations, orders, directives, or licenses issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the effective date of this order, the following are prohibited: (a) the exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a United States person, wherever located, of any goods, technology, or services to Iran or the Government of Iran, including the exportation, reexportation, sale, or supply of any goods, tech- nology, or services to a person in a third country undertaken with knowledge or reason to know that: (i) such goods, technology, or services are intended specifically for supply, transshipment, or reexportation, directly or indirectly, to Iran or the Govern- ment of Iran; or (ii) such goods, technology, or services are intended specifically for use in the production of, for commingling with, or for incorporation into goods, technology, or services to be directly or indirectly supplied, transshipped, or reexported exclusively or predominantly to Iran or the Government of Iran; (b) the reexportation from a third country, directly or indirectly, by a person other than a United States person of any goods, technology, or services that have been exported from the United States, if: (i) undertaken with knowledge or reason to know that the reexportation is intended specifically for Iran or the Government of Iran, and (ii) the exportation of such goods, technology, or services to Iran from the United States was subject to export license application requirements under any United States regulations in effect on May 6, 1995, or thereafter 44532 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Presidential Documents

is made subject to such requirements imposed independently of the actions taken pursuant to the national emergency declared in Executive Order 12957; provided, however, that this prohibition shall not apply to those goods or that technology subject to export license application requirements if such goods or technology have been: (A) substantially transformed into a foreign-made product outside the Unit- ed States; or (B) incorporated into a foreign-made product outside the United States if the aggregate value of such controlled United States goods and technology constitutes less than 10 percent of the total value of the foreign-made product to be exported from a third country; (c) any new investment by a United States person in Iran or in property, including entities, owned or controlled by the Government of Iran; (d) any transaction or dealing by a United States person, wherever located, including purchasing, selling, transporting, swapping, brokering, approving, financing, facilitating, or guaranteeing, in or related to: (i) goods or services of Iranian origin or owned or controlled by the Government of Iran; or (ii) goods, technology, or services for exportation, reexportation, sale, or supply, directly or indirectly, to Iran or the Government of Iran; (e) any approval, financing, facilitation, or guarantee by a United States person, wherever located, of a transaction by a foreign person where the transaction by that foreign person would be prohibited by this order if performed by a United States person or within the United States; and (f) any transaction by a United States person or within the United States that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in this order. Sec. 3. Specific licenses issued pursuant to Executive Orders 12613 (of October 29, 1987), 12957, or 12959 continue in effect in accordance with their terms except to the extent revoked, amended, or modified by the Secretary of the Treasury. General licenses, regulations, orders, and directives issued pursuant to those orders continue in effect in accordance with their terms except to the extent inconsistent with this order or to the extent revoked, amended, or modified by the Secretary of the Treasury. Sec. 4. For the purposes of this order: (a) the term ‘‘person’’ means an individual or entity; (b) the term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, or other organization; (c) the term ‘‘United States person’’ means any United States citizen, permanent resident alien, entity organized under the laws of the United States (including foreign branches), or any person in the United States; (d) the term ‘‘Iran’’ means the territory of Iran and any other territory or marine area, including the exclusive economic zone and continental shelf, over which the Government of Iran claims sovereignty, sovereign rights, or jurisdiction, provided that the Government of Iran exercises partial or total de facto control over the area or derives a benefit from economic activity in the area pursuant to international arrangements; (e) the term ‘‘Government of Iran’’ includes the Government of Iran, any political subdivision, agency, or instrumentality thereof, and any person owned or controlled by, or acting for or on behalf of, the Government of Iran; (f) the term ‘‘new investment’’ means: (i) a commitment or contribution of funds or other assets; or (ii) a loan or other extension of credit, made after the effective date of Executive Order 12957 as to transactions prohibited by that order, or otherwise made after the effective date of Executive Order 12959. Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Presidential Documents 44533

Sec. 5. The Secretary of the Treasury, in consultation with the Secretary of State and, as appropriate, other agencies, is hereby authorized to take such actions, including the promulgation of rules and regulations, the require- ment of reports, including reports by United States persons on oil and related transactions engaged in by their foreign affiliates with Iran or the Government of Iran, and to employ all powers granted to me by IEEPA and the ISDCA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government. All agencies of the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order. Sec. 6. (a) The Secretary of the Treasury may authorize the exportation or reexportation to Iran or the Government of Iran of any goods, technology, or services also subject to export license application requirements of another agency of the United States Government only if authorization by that agency of the exportation or reexportation to Iran would be permitted by law. (b) Nothing contained in this order shall be construed to supersede the requirements established under any other provision of law or to relieve a person from any requirement to obtain a license or other authorization from another department or agency of the United States Government in compliance with applicable laws and regulations subject to the jurisdiction of that department or agency. Sec. 7. The provisions of this order consolidate the provisions of Executive Orders 12613, 12957, and 12959. Executive Order 12613 and subsections (a), (b), (c), (d), and (f) of section 1 of Executive Order 12959 are hereby revoked with respect to transactions occurring after the effective date of this order. The revocation of those provisions shall not alter their applicabil- ity to any transaction or violation occurring before the effective date of this order, nor shall it affect the applicability of any rule, regulation, order, license, or other form of administrative action previously taken pursuant to Executive Orders 12613 or 12959. Sec. 8. Nothing contained in this order shall create any right or benefit, substantive or procedural, enforceable by any party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. Sec. 9. The measures taken pursuant to this order are in response to actions of the Government of Iran occurring after the conclusion of the 1981 Algiers Accords, and are intended solely as a response to those later actions. Sec. 10. (a) This order is effective at 12:01 a.m. eastern daylight time on August 20, 1997. (b) This order shall be transmitted to the Congress and published in the Federal Register. œ–

THE WHITE HOUSE, August 19, 1997. [FR Doc. 97–22482 Filed 8–20–97; 11:16 am] Billing code 3195–01–P i

Reader Aids Federal Register Vol. 62, No. 162 Thursday, August 21, 1997

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 3 CFR 723...... 43917 For additional information 523±5227 918...... 43922 Proclamations: 922...... 41805 Presidential Documents 7016...... 42033 Executive orders and proclamations 523±5227 923...... 41805 7017...... 44529 924...... 41805 The United States Government Manual 523±5227 Executive Orders: 927...... 44201 11246 (See Final Rule 947...... 43457 of August 12, Other Services 981...... 43459 1997) ...... 44174 985...... 43461 Electronic and on-line services (voice) 523±4534 12613 (Revoked in 993...... 41808 Privacy Act Compilation 523±3187 part by EO 1126...... 41810 TDD for the hearing impaired 523±5229 13059) ...... 44531 1220...... 41486 12722 (See Notice July 1439...... 44391 ELECTRONIC BULLETIN BOARD 31, 1997)...... 41803 1464...... 43917 12924 (Continued by 1493...... 42651 Free Electronic Bulletin Board service for Public Law numbers, Notice of August 13, 1767...... 42284, 43201 Federal Register finding aids, and list of documents on public 1997) ...... 43629 1901...... 42385 inspection. 202±275±0920 12957 (Revoked in 1951...... 41251, 42385 FAX-ON-DEMAND part by EO 1955...... 44392 13059) ...... 44531 4284...... 42385 You may access our Fax-On-Demand service. You only need a fax 12959 (Revoked in Proposed Rules: machine and there is no charge for the service except for long part by EO 56...... 52944 distance telephone charges the user may incur. The list of 13059) ...... 44531 319...... 43487 documents on public inspection and the daily Federal Register’s 13057...... 41294 320...... 43487 table of contents are available using this service. The document 13058...... 43451 330...... 43487 numbers are 7050-Public Inspection list and 7051-Table of 13059...... 44531 352...... 43487 Contents list. The public inspection list will be updated Administrative Orders: 457...... 43236 immediately for documents filed on an emergency basis. Notice of July 31, Ch. XIII...... 44427 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 1997 ...... 41803 1446...... 43955 FILE AND NOT THE ACTUAL DOCUMENT. Documents on Notice of August 13, 1493...... 43675 public inspection may be viewed and copied in our office located 1997 ...... 43629 1724...... 41883 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand Presidential Determinations: 8 CFR telephone number is: 301±713±6905 No. 97±30 of August 7, 1997 ...... 44065 212...... 43466 Proposed Rules: FEDERAL REGISTER PAGES AND DATES, AUGUST 5 CFR 252...... 43676 Ch. LIV...... 43269 41249±41804...... 1 9 CFR 41805±42036...... 4 315...... 44199 362...... 44199 1...... 43272 42037±42208...... 5 890...... 41486 3...... 43272 42209±42384...... 6 1001...... 42897 77...... 42044 42385±42646...... 7 1201...... 43631 94 ...... 42664, 42899, 43924 42647±42896...... 8 4501...... 42897 145...... 44067 42897±43066...... 11 Proposed Rules: 147...... 44067 43067±43260...... 12 213...... 42943 304...... 42901 43269±43452...... 13 1650...... 42418 308...... 42901 43453±43628...... 14 310...... 42901 7 CFR 43629±43916...... 15 318...... 43631 43917±44066...... 18 3...... 42857 320...... 42901 327...... 42901 44067±44198...... 19 29...... 43430 381...... 42901 44199±44390...... 20 31...... 43430 32...... 43430 416...... 42901 44391±44534...... 21 36...... 43430 417...... 42901 46...... 43453 Proposed Rules: 52...... 43430 71...... 42703 53...... 43430 92...... 42705 54...... 43430 10 CFR 58...... 43430 278...... 42037, 42857 50...... 44071 301 ...... 43269, 43456, 44201 Proposed Rules: 400...... 42857 20...... 42948 401...... 42647 35...... 42219, 42707 457...... 42647 55...... ii Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Reader Aids

12 CFR 19 CFR 250...... 42667, 42669 42678, 42684, 42921, 43284, 43650, 43653, 44089 205...... 43467 10...... 42209 925...... 41842 271...... 43111 602...... 41253 134...... 44211 944...... 41845 300...... 41292, 42414 650...... 43633 Proposed Rules: Proposed Rules: 721...... 42690 960...... 41812 914...... 42713 118...... 44102 799...... 43820 Proposed Rules: 134...... 43958 936...... 42715 Proposed Rules: 3...... 42006 351...... 41322 31 CFR 6...... 42006 52 ...... 41325, 41326, 41905, 204...... 42708 20 CFR 27...... 42212, 44036 41906, 42079, 42087, 42088, 42221, 43133, 43134, 43139, 208...... 42006 335...... 44408 356...... 43091 43140, 43679, 43681, 43684, 225...... 42006 340...... 41270 357...... 43283 43959, 44104, 44247, 44429 325...... 42006 367...... 44409 Ch. V...... 41850 62...... 41906 565...... 42006 416...... 42410, 42411 560...... 41851 81 ...... 41326, 41906, 42717, 567...... 42006 Proposed Rules: Proposed Rules: 701...... 41313 1...... 42443 44104 200...... 43295 90...... 42645 722...... 41313 402...... 43489 27...... 42220 723...... 41313 91...... 42645 404...... 42439 32 CFR 131...... 42160 422...... 42439 13 CFR 199...... 42904, 42905 141...... 42221, 43492 142...... 42221 Proposed Rules: 21 CFR 247...... 42905 286...... 42916 281...... 41326, 42222 121...... 43584 5...... 43471 300...... 43684, 44430 124...... 43584 101...... 43071 Proposed Rules: 311...... 41323 439...... 42720 134...... 43584 175...... 43075 721 ...... 42090, 42732, 43297 177...... 42050 33 CFR 14 CFR 178...... 41271, 42050 41 CFR 39 ...... 41254, 41255, 41257 314...... 43639 100 ...... 42067, 42671, 43284, 43641, 44410, 44411 60±1...... 44174 41259, 41260, 41262, 41839, 520...... 42902 60±60...... 44174 42045, 42391, 42949, 42951, 522...... 41272, 44409 117 ...... 43096, 43097, 43931 165 ...... 41275, 42671, 42673, 101±37...... 43472 42952, 43067, 43925, 43926, 730...... 43071 101±17...... 42070 44204, 44206, 44207, 44208, Proposed Rules: 42674, 42676, 42677, 43098, 43099 301±8...... 42928 44404, 44406 111...... 44247 Proposed Rules: Proposed Rules: 71 ...... 41265, 42901, 43069, 201...... 43900 101±16...... 42444 43275, 44078, 44079 312...... 43900 117...... 43131 97 ...... 41266, 41268, 41269 314...... 43900 165...... 41324 42 CFR 121...... 44408 601...... 43900 167...... 44428 187...... 43958 412...... 43657 125...... 44408 413...... 43657 126...... 44408 22 CFR 36 CFR 414...... 43657 129...... 44408 22...... 42665 Proposed Rules: 418...... 42860 135...... 42364, 44408 Proposed Rules: 431...... 43931 241...... 43276 201...... 42712 1190...... 43133 1191...... 43133 442...... 43931 Proposed Rules: 488...... 43931, 44221 23 CFR 39 ...... 41320, 41839, 42077, 37 CFR 489...... 43931 42430, 42432, 42433, 42949, Proposed Rules: 498...... 43931 42951, 42952, 43128, 43956, 772...... 42903 1...... 43100 2...... 43100 Proposed Rules 44096, 44244, 44245 400...... 43962 71...... 42954, 42955 24 CFR 39 CFR 405...... 43962 107...... 41760 Proposed Rules: 3...... 41853, 43642 410...... 43962 108...... 41730 1000...... 43131 414...... 43962 139...... 41760 1003...... 43131 Proposed Rules: 1005...... 43131 775...... 42958 43 CFR 15 CFR 777...... 42958 10...... 41292 25 CFR 778...... 42958 738...... 42047 3400...... 44354 740...... 42047 46...... 44080 40 CFR 3470...... 44354 774...... 42047 3480...... 44354 902...... 43469 26 CFR 3...... 43269 9...... 44412 Proposed Rules: 1 ...... 41272, 42051, 44214 44 CFR 922...... 44427 50...... 43642 Proposed Rules: 51...... 43780 64...... 43291 1 ...... 41322, 43295, 44103 16 CFR 52...... 41275, 25...... 44103 41277, 41280, 41853, 41856, 45 CFR 305...... 42209 41865, 41867, 42068, 42216, 74...... 41877 28 CFR 1033...... 42397 42412, 42916, 43100, 43103, Proposed Rules: 16...... 44083 43104, 43109, 43471, 43643, 46 CFR 403...... 44099 43645, 43647, 44083, 44218, Proposed Rules 29 CFR 44219, 44413 67...... 43958 17 CFR 1910 ...... 42018, 42666, 43581 55...... 41870 90...... 44036 1...... 42398 2204...... 42957 62...... 41872 98...... 44036 12...... 43930 4044...... 43639 63...... 42918 125...... 44036 228...... 43581 69...... 44415 126...... 44036 229...... 43581 30 CFR 81 ...... 41280, 41867, 44083 127...... 44036 232...... 41841, 43581 210...... 42062 90...... 42638 128...... 44036 239...... 43581 218...... 42062 91...... 42638 129...... 44036 240...... 42664, 43581 227...... 43076 93...... 43780 130...... 44036 249...... 43581 228...... 43076 148...... 43109 131...... 44036 270...... 42401 229...... 43076 180 ...... 41283, 41286, 41874, 132...... 44036 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Reader Aids iii

133...... 44036 44435, 44436 215...... 44247 50 CFR 76...... 43963 134...... 44036 231...... 44248 17 ...... 42692, 44227, 44228 135...... 44036 242...... 44247, 44249 20...... 43444, 44229 136...... 44036 48 CFR 970...... 44350 217...... 43124 170...... 44036 Ch. 7 ...... 42929 222...... 43937 174...... 44036 204...... 44221 227...... 43124, 43937 175...... 44036 211...... 44223 49 CFR 285 ...... 42416, 43126, 44422, 225...... 44224 171...... 44038 47 CFR 242...... 44223 44423 193...... 41311 300...... 43126 0...... 42928 252...... 44223 541...... 44416 Ch. VI...... 44421 1...... 43474 253...... 44221 544...... 41882 2...... 41879, 43116 Ch. V...... 44526 622...... 42417 572...... 44225 648 ...... 43127, 43469, 43674, 15...... 41879, 43116 504...... 44518 Chapter X ...... 42075 32...... 43122 507...... 44518 44424 Proposed Rules: 53...... 43122 510...... 44518 660 ...... 43294, 43484, 44425 171...... 44374 54...... 41294 511...... 44518 679...... 43485, 172...... 44374 61...... 42217 512...... 44518 43486, 43954 64...... 43477 514...... 44518 173...... 44059 Proposed Rules: 68...... 43481 515...... 44518 175...... 44374 14...... 42091 69...... 41294 538...... 44518 177...... 44059 17 ...... 41328, 42092, 42473 73 ...... 42416, 43123, 43293, 539...... 44518 178...... 44059 20...... 43042 43294, 44416 904...... 42072 180...... 44059 23...... 42093 97...... 43116 909...... 42072 192...... 44436 216...... 42737 Proposed Rules: 923...... 42072 195...... 44436 227...... 43974 1...... 42224 926...... 42072 199...... 44250 229...... 43302 54...... 42457 952...... 42072 213...... 42733, 43201 600 ...... 41907, 42093, 42474 63...... 42091 970...... 42072 234...... 42733 622...... 42478 64...... 43493, 43686 Proposed Rules: 571...... 42226, 42469 648...... 42737 69...... 42457 213...... 44247 572...... 42469 679 ...... 43307, 43689, 43866, 73 ...... 43301, 43302, 44434, 214...... 44247 1155...... 42734 43977 iv Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Reader Aids

REMINDERS Lands and structures; compensation; ENVIRONMENTAL The items in this list were published 7-21-97 comments due by 8-29- PROTECTION AGENCY editorially compiled as an aid PERSONNEL MANAGEMENT 97; published 7-30-97 Air quality implementation to Federal Register users. OFFICE COMMERCE DEPARTMENT plans; approval and Inclusion or exclusion from Employment: National Oceanic and promulgation; various States: this list has no legal Presidential management Atmospheric Administration significance. intern program; published Fishery conservation and California; comments due by 8-20-97 management: 8-25-97; published 7-24- 97 POSTAL SERVICE Alaska; fisheries of RULES GOING INTO Exclusive Economic Tennessee; comments due EFFECT AUGUST 20, International Mail Manual: ZoneÐ by 8-28-97; published 7- 1997 Global package link (GPL) Scallop; comments due by 29-97 serviceÐ 8-29-97; published 8-14- Hazardous waste: DEFENSE DEPARTMENT Mexico and Singapore; 97 Mercury-containing lamps Acquisition regulations: published 8-20-97 West Coast States and (light bulbs); data Single Process Initiative; TRANSPORTATION Western Pacific availability; comments due supplement; published 8- DEPARTMENT fisheriesÐ by 8-25-97; published 7- 20-97 National Highway Traffic West Coast salmon; 11-97 Solid wastes: ENVIRONMENTAL Safety Administration comments due by 8-29- PROTECTION AGENCY Anthropomorphic test 97; published 8-14-97 Municipal solid waste dummies: Marine mammals: landfills; criteria revisions; Air quality implementation comments due by 8-28- Six year old child; design Commercial fishing plans; approval and 97; published 7-29-97 promulgation; various and performance operationsÐ States: specifications; published Commercial fisheries Superfund program: National oil and hazardous Virginia; published 7-21-97 8-20-97 authorization; list of substances contingency TREASURY DEPARTMENT fisheries categorized HEALTH AND HUMAN according to frequency planÐ Internal Revenue Service SERVICES DEPARTMENT of incidental takes; National priorities list Food and Drug Income taxes: comments due by 8-25- update; comments due Administration Allocations of depreciation 97; published 5-27-97 by 8-25-97; published Animal drugs, feeds, and recapture among partners Incidental takingÐ 7-25-97 related products: in partnership; published North Atlantic Energy National priorities list Fluoroquinolones and 8-20-97 Service Corp.; power update; comments due glycopeptides; extralabel plant activities; by 8-25-97; published use prohibition; published COMMENTS DUE NEXT comments due by 8-25- 7-25-97 5-22-97 WEEK 97; published 7-24-97 National priorities list Electronic identification/ Pacific Halibut Commission, update; comments due signatures in place of International: by 8-29-97; published AGRICULTURE handwritten signatures; Pacific halibut fisheriesÐ 7-30-97 DEPARTMENT published 3-20-97 Catch sharing plans; Toxic substances: Agricultural Marketing INTERIOR DEPARTMENT comments due by 8-27- Significant new usesÐ Service Fish and Wildlife Service 97; published 8-12-97 Butanamide, etc.; Raisins produced from grapes Endangered and threatened DEFENSE DEPARTMENT comments due by 8-27- grown in California; 97; published 8-8-97 species: comments due by 8-27-97; Acquisition regulations: Whooping crane; Rocky published 7-28-97 Miscellaneous amendments; FEDERAL comments due by 8-25- COMMUNICATIONS Mountains population; AGRICULTURE 97; published 6-24-97 COMMISSION published 7-21-97 DEPARTMENT Whooping cranes; Rocky Privacy Act; implementation; Common carrier services: Animal and Plant Health comments due by 8-25-97; Mountains population Inspection Service Illinois Public published 6-25-97 Telecommunications Correction; published 8- Exportation and importation of 20-97 DEFENSE DEPARTMENT Association; payphone animals and animal orders; remand issues; Migratory bird hunting: Engineers Corps products: pleading cycle; comments Danger zones and restricted Early season regulations Ports of entryÐ due by 8-26-97; published areas: (1997-1998); final Champlain, NY and Derby 8-15-97 frameworks; published 8- Pacific Ocean waters north Line, VT; closure; Radio services special: of Naval Air Weapons 20-97 comments due by 8-26- Station, Point Mugu, Maritime CommunicationsÐ INTERIOR DEPARTMENT 97; published 6-27-97 Ventura County, CA; Licensing process Minerals Management Interstate transportation of comments due by 8-27- simplification and Service animals and animal products 97; published 7-28-97 flexibility for public Outer Continental Shelf; oil, (quarantine): ENERGY DEPARTMENT coast stations; gas, and sulphur operations: Tuberculosis in cattleÐ comments due by 8-25- Federal Energy Regulatory 97; published 7-14-97 Surety bond coverage for State and area Commission leases; published 5-22-97 classifications; Natural gas companies INTERIOR DEPARTMENT comments due by 8-26- NUCLEAR REGULATORY (Natural Gas Act): Fish and Wildlife Service 97; published 6-27-97 COMMISSION Gas Research Institute; Alaska National Wildlife Radiation protection standards: Plant-related quarantine, research, development, Refuges: domestic: NRC-licensed facilities; and demonstration Administrative and visitor radiological criteria for Karnal bunt diseaseÐ funding; comments due by facility sites; comments decommissioning (license Wheat seed and straw 8-29-97; published 6-25- due by 8-26-97; published termination)Ð (1995-1996 crop); 97 6-27-97 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Reader Aids v

Endangered and threatened LIBRARY OF CONGRESS TRANSPORTATION Class E airspace; comments species: Copyright Office, Library of DEPARTMENT due by 8-25-97; published Congress Federal Aviation 7-25-97 Chinese Camp brodiaea, Sound recordings, publicly Administration etc. (ten plants from performed, of nonexempt TRANSPORTATION Airworthiness directives: foothills of Sierra Nevada subscription digital DEPARTMENT Mountains; comments due transmissions; notice and de Havilland; comments due Federal Railroad by 8-29-97; published 6- recordkeeping; comments by 8-29-97; published 7- Administration 30-97 due by 8-25-97; published 22-97 6-24-97 Boeing; comments due by Radio standards and Ione buckwheat, etc.; procedures: comments due by 8-25- PERSONNEL MANAGEMENT 8-25-97; published 7-18- 97; published 6-25-97 OFFICE 97 Wireless communications Political activities; Federal Lockheed; comments due devices requirements; INTERIOR DEPARTMENT employees residing in by 8-25-97; published 7- comments due by 8-25- designated localities; 18-97 97; published 6-26-97 Surface Mining Reclamation comments due by 8-25-97; McDonnell Douglas; and Enforcement Office published 6-24-97 TREASURY DEPARTMENT comments due by 8-25- Permanent program and TRANSPORTATION 97; published 6-25-97 Alcohol, Tobacco and abandoned mine land DEPARTMENT Firearms Bureau Coast Guard Airworthiness standards: reclamation plan Alcohol; viticultural area Electrical engineering: Special conditionsÐ submissions: designations: Merchant vessels; electrical Boeing model 747-SP Mississippi; comments due engineering requirements; airplanes; comments Diablo Grande, CA; by 8-29-97; published 7- comments due by 8-29- due by 8-28-97; comments due by 8-25- 30-97 97; published 6-30-97 published 7-29-97 97; published 6-24-97