Pages 29923±30126 Vol. 61 6±13±96 No. 115 federal register June 13,1996 Thursday announcement ontheinsidecoverofthisissue. For informationonbriefingsinWashington,DC,see Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996

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2 III

Contents Federal Register Vol. 61, No. 115

Thursday, June 13, 1996

Agency for International Development Census Bureau NOTICES NOTICES Housing guaranty program: Agency information collection activities: Morocco, 30094–30095 Proposed collection; comment request, 30032

Agricultural Marketing Service Coast Guard RULES RULES Hazelnuts grown in Oregon and Washington, 29924–29926 Drawbridge operations: Peanuts, domestically produced, 29926–29928 New Jersey, 29959–29960 Tobacco inspection: Organization, functions, and authority delegations: Growers; referendum results, 29923–29924 Coast Guard areas, districts, and marine inspection and NOTICES captain of port zones; reorganization, 29958–29959 Poultry grade standards, voluntary: Tentative, for raw, ready-to-cook, boneless, skinless Commerce Department poultry products, 30031 See Census Bureau See International Trade Administration Agriculture Department See National Oceanic and Atmospheric Administration See Agricultural Marketing Service See Patent and Trademark Office See Forest Service NOTICES Agency information collection activities: Committee for the Implementation of Textile Agreements Submission for OMB review; comment request, 30031 NOTICES Cotton, wool, and man-made textiles: Alcohol, Tobacco and Firearms Bureau Guatemala, 30046–30047 RULES Jamaica, 30047 Alcohol; viticultural area designations: Philippines, 30047–30048 Malibu-Newton Canyon, CA, 29949–29952 Taiwan, 30048–30049 Paso Robles, CA, 29952–29954 Organization, functions, and authority delegations: Consumer Product Safety Commission District Directors, 29956–29957 NOTICES Practice and procedure: Settlement agreements: Procedural rules statement; CFR part removed; and National Media Corp., 30049–30050 procedure and administration; Federal regulatory reform, 29954–29956 Defense Department PROPOSED RULES NOTICES Alcoholic beverages: Agency information collection activities: Denatured alcohol and rum; distribution and use; Federal Proposed collection; comment request, 30050–30051 regulatory review, 30019 Distilled spirits; labeling and advertising— Grape brandy, unaged, 30015–30017 Drug Enforcement Administration Tax-free alcohol; distribution and use, 30019–30021 NOTICES Volatile fruit-flavor concentrate; production, 30017– Applications, hearings, determinations, etc.: 30018 Garcia, Nestor A., M.D., 30099–30102 Alcohol, tobacco, and other excise taxes: Liquors and articles from Puerto Rico and Virgin Islands; Education Department Federal regulatory review, 30021–30023 RULES Practice and procedure: Postsecondary education: Federal regulatory review, 30013–30014 Student assistance general provisions— Men’s and women’s intercollegiate athletic programs; Antitrust Division Equity in Athletics Disclosure Act implementation; NOTICES reporting and recordkeeping requirements, 29960– National cooperative research notifications: 29961 Embedded Mass Formed Passives Consortium, 30098 NOTICES National Industrial Information Infrastructure Protocols Agency information collection activities: Solutions for Manufacturing-Adaptable Replicable Proposed collection; comment request, 30051 Technology, 30098–30099 Meetings: X Consortium, Inc., 30099 President’s Board of Advisors on Historically Black Colleges and Universities, 30052 Arms Control and Disarmament Agency PROPOSED RULES Energy Department Privacy Act; implementation, 30009–30012 See Federal Energy Regulatory Commission IV Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Contents

Environmental Protection Agency Passenger facility charges; applications, etc.: RULES Texas A&M University, TX, et al., 30105–30107 Air quality implementation plans; approval and promulgation; various States; air quality planning Federal Communications Commission purposes; designation of areas: PROPOSED RULES New Mexico, 29970–29973 Common carrier services: Air quality implementation plans; approval and Federal-State Joint Board on Universal Service— promulgation; various States: Meeting, 30028 Indiana, 29961–29963, 29965–29970 NOTICES Virginia, 29963–29965 Agency information collection activities: PROPOSED RULES Proposed collection; comment request, 30067 Air quality implementation plans; approval and Reporting and recordkeeping requirements, 30068–30071 promulgation; various States: Applications, hearings, determinations, etc.: Indiana, 30023–30024 Family Broadcasting, Inc., 30067–30068 Louisiana, 30024–30028 Virginia, 30023 Federal Deposit Insurance Corporation NOTICES NOTICES Agency information collection activities: Meetings; Sunshine Act, 30071 Proposed collection; comment request, 30061–30063 Border Environment Cooperation Commission: Federal Energy Regulatory Commission Environmental infrastructure projects; submission NOTICES guidelines and certification criteria; availability, Electric rate and corporate regulation filings: 30063 Kansas Gas & Electric Co. et al., 30054–30056 Grants and cooperative agreements; availability, etc.: Louisville Gas & Electric Co. et al., 30057–30059 Multimedia environmental justice through pollution Environmental statements; availability, etc.: prevention program, 30063–30064 Great Lakes Gas Transmission L.P., 30059–30060 Meetings: Natural gas certificate filings: Environmental Policy and Technology National Advisory Williams Natural Gas Co. et al., 30060–30061 Council, 30064 Applications, hearings, determinations, etc.: Municipal solid waste landfill permit programs; adequacy Cleveland Electric Illuminating Co. et al., 30052 determinations: Eastern Shore Natural Gas Co., 30052–30053 Utah, 30065–30067 East Tennessee Natural Gas Co., 30052 Superfund; response and remedial actions, proposed Louisiana State Gas Corp., 30053 settlements, etc.: PECO Energy Co. et al., 30053 Waukegan Paint & Lacquer Co., Inc. Site, IL, 30067 Tennessee Gas Pipeline Co., 30053–30054 Toxic and hazardous substances control: Williams Natural Gas Co., 30054 Premanufacture notices receipts; correction, 30120–30125

Federal Aviation Administration Federal Reserve System RULES NOTICES Airworthiness directives: Banks and bank holding companies: AlliedSignal, Inc., 29932–29934 Change in bank control, 30071 Teledyne Continental Motors, 29934–29936 Formations, acquisitions, and mergers, 30071–30072 Teledyne Continental Motors et al., 29931–29932 Permissible nonbanking activities, 30072 Airworthiness standards: Rotorcraft, normal and transport category— Federal Trade Commission European Joint Aviation Authorities requirements; RULES harmonization; correction, 29931 Appliances, consumer; energy costs and consumption Rotorcraft, transport category— information in labeling and advertising: Takeoff, climb, and landing performance requirements; Comparability ranges— determination factors; correction, 29931 Clothes washers, 29939–29940 Special conditions— Agusta models A109D and A109E helicopters, 29928– Fish and Wildlife Service 29931 PROPOSED RULES Class E airspace, 29936–29937 Migratory bird hunting: Colored Federal airways, 29937 Annual hunting regulations; and migratory bird hunting Federal airways and jet routes, 29937–29938 by Indian Tribes Jet routes, 29938–29939 Meetings, 30114–30118 PROPOSED RULES NOTICES Airworthiness directives: Meetings: Airbus, 29996–30001 North American Wetlands Conservation Council, 30093 Beech, 29994–29996 New Piper Aircraft, Inc., 29992–29994 Food and Drug Administration NOTICES PROPOSED RULES Environmental statements; availability, etc.: Human drugs: New Bedford Municipal Airport, MA, 30105 Internal analgesic, antipyretic, and antirheumatic Global analysis and information network prototype products (OTC); tentative final monograph, 30002– development, 30107–30108 30009 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Contents V

Forest Service Justice Department NOTICES See Antitrust Division Meetings: See Drug Enforcement Administration Klamath Provincial Advisory Committee, 30031–30032 See National Institute of Corrections National Forest System lands: NOTICES Forest lieu selection lands; title; correction, 30032 Grants and cooperative agreements; availability, etc.: COPS innovative community policing; problem solving General Services Administration partnerships, 30095–30096 PROPOSED RULES Pollution control; consent judgments: Federal property management: Chevron U.S.A. Inc. et al., 30096 Public buildings and space— Mobil Oil Corp., 30096–30097 Small purchase authority, 30028 Montrose Chemical Corp. of California et al., 30097 Ultramar, Inc., 30097–30098 Health and Human Services Department Union Oil Co. of California, 30098 See Food and Drug Administration See Health Care Financing Administration Labor Department See Health Resources and Services Administration See Occupational Safety and Health Administration See Indian Health Service See National Institutes of Health Land Management Bureau NOTICES Health Care Financing Administration Environmental statements; availability, etc.: NOTICES Alta Gold Co., Washoe County, NV, 30091–30092 Agency information collection activities: Meetings: Proposed collection; comment request, 30072 Resource advisory councils— Clinical laboratories improvement: John Day-Snake, 30092 Laboratories exemption; Oregon, 30072–30075 Realty actions; sales, leases, etc.: Nevada, 30092 Health Resources and Services Administration Withdrawal and reservation of lands: NOTICES Nevada, 30092–30093 Grants and cooperative agreements; availability, etc.: Community scholarship programs, 30075–30077 Maritime Administration Non-acute health care facilities; renovation or NOTICES construction projects, 30077–30088 Agency information collection activities: Submission for OMB review; comment request, 30108 Indian Health Service NOTICES Minerals Management Service Inpatient and outpatient medical care in facilities operated NOTICES by IHS; reimbursement rates (1996 CY), 30088–30089 Environmental statements; availability, etc.: Gulf of Mexico OCS— Interior Department Oil and gas operations, 30093 See Fish and Wildlife Service See Land Management Bureau National Institute of Corrections See Minerals Management Service NOTICES See National Park Service Meetings: NOTICES Advisory Board, 30102 Central Utah Water Conservatory District: Environmental statements; availability, etc.— National Institutes of Health Wasatch County Water Efficiency Project and Daniel NOTICES Replacement Project; efficiency improvements, Agency information collection activities: 30090–30091 Proposed collection; comment request, 30089 Meetings: Internal Revenue Service National Heart, Lung and Blood Institute, 30089 PROPOSED RULES National Institute of Environmental Health Sciences, Estate and gift taxes: 30089 Sale of seized property; setting of minimum price, National Institute of Mental Health, 30090 30012–30013 Research Grants Division special emphasis panels, 30090

International Development Cooperation Agency National Oceanic and Atmospheric Administration See Agency for International Development RULES Pacific Halibut Commission, International: International Trade Administration Pacific halibut fisheries, 29975 NOTICES PROPOSED RULES Committees; establishment, renewal, termination, etc.: Fishery conservation and management: Environmental Technologies Trade Advisory Committee, Northeast multispecies, 30029–30030 30033 NOTICES Export trade certificates of review, 30032–30033 Marine mammals: Grants and cooperative agreements; availability, etc.: Incidental taking; authorization letters, etc. Market development cooperator program, 30033–30037 Schmidt, Henrik, et al., 30037–30040 VI Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Contents

Permits: Nationality and passports: Endangered and threatened species, 30040 Passport information release, 29940

National Park Service Surface Transportation Board NOTICES RULES Agency information collection activities: Rail licensing procedures: Submission for OMB review; comment request, 30093– Connecting track and rail construction; class exemptions, 30094 29973–29975 Meetings: NOTICES Delaware and Lehigh Navigation Canal National Heritage Railroad operation, acquisition, construction, etc.: Corridor Commission, 30094 Consolidated Rail Corp., 30108–30109 K&E Railway Co., 30109 National Science Foundation NOTICES Textile Agreements Implementation Committee Meetings: See Committee for the Implementation of Textile Chemistry Special Emphasis Panel, 30102 Agreements National Transportation Safety Board NOTICES Thrift Supervision Office Railroad accidents; hearings, etc.: PROPOSED RULES Silver Spring, MD; MARC commuter passenger train Operations: derailment and collision with AMTRAK train 29, Subsidiaries and equity investments; Federal regulatory Capitol Limited, 30102 review, 29976–29992

Nuclear Regulatory Commission Transportation Department NOTICES See Coast Guard Applications, hearings, determinations, etc.: See Federal Aviation Administration Carolina Power & Light Co., 30102–30103 See Maritime Administration GPU Nuclear Corp., 30103–30104 See Surface Transportation Board NOTICES Occupational Safety and Health Administration Aviation proceedings: RULES Hearings, etc.— Shipyard employment safety and health standards: Florida West International Airways, Inc., 30105 Personal protective equipment Correction, 29957–29958 Treasury Department See Alcohol, Tobacco and Firearms Bureau Patent and Trademark Office See Internal Revenue Service NOTICES See Thrift Supervision Office Application filing date; procedure change, 30041–30046 United States Information Agency Postal Rate Commission NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Meetings; Sunshine Act, 30104 Hubert H. Humphrey fellowship program, 30109–30111 Public Health Service See Food and Drug Administration Utah Reclamation Mitigation and Conservation See Health Resources and Services Administration Commission See Indian Health Service NOTICES See National Institutes of Health Environmental statements; availability, etc.: Provo River restoration project, 30111 Railroad Retirement Board NOTICES Veterans Affairs Department Agency information collection activities: NOTICES Submission for OMB review; comment request, 30104 Real property; enhanced-use leases: Reno, NV Veterans Affairs Medical Center; child Securities and Exchange Commission development center, 30111 NOTICES Meetings; Sunshine Act, 30104–30105 Securities: Separate Parts In This Issue Suspension of trading— Home Link Corp., 30104 Part II State Department Interior Department, Fish and Wildlife Service, 30114– RULES 30118 Federal regulatory reform: Shipping and seamen; CFR parts removed, 29940–29941 Part III Longshore work by U.S. nationals; foreign prohibitions, Environmental Protection Agency, 30120–30125 29941–29949 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Contents VII

Reader Aids Electronic Bulletin Board Additional information, including a list of public laws, Free Electronic Bulletin Board service for Public Law telephone numbers, reminders, and finding aids, appears in numbers, Federal Register finding aids, and a list of the Reader Aids section at the end of this issue. documents on public inspection is available on 202–275– 1538 or 275–0920. VIII Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR Proposed Rules: 29 (2 documents) ...... 29923, 52 (4 documents) ...... 30023, 29924 30024 982...... 29924 41 CFR 997...... 29926 998...... 29926 Proposed Rules: 101±20...... 30028 12 CFR Proposed Rules: 47 CFR 545...... 29976 Proposed Rules: 559...... 29976 36...... 30028 560...... 29976 69...... 30028 563...... 29976 49 CFR 567...... 29976 1150...... 29973 571...... 29976 50 CFR 14 CFR 301...... 29975 27 (2 documents) ...... 29928, 29931 Proposed Rules: 29 (2 documents) ...... 29931 20...... 30114 39 (3 documents) ...... 29931, 651...... 30029 29932, 29934 71 (4 documents) ...... 29936, 29937, 29938 Proposed Rules: 39 (3 documents) ...... 29992, 29994, 29996 16 CFR 305...... 29939 21 CFR Proposed Rules: 343...... 30002 22 CFR 51...... 29940 81...... 29940 82...... 29940 83...... 29940 84...... 29940 85...... 29940 86...... 29940 87...... 29940 88...... 29940 89...... 29941 Proposed Rules: 603...... 30009 26 CFR Proposed Rules: 301...... 30012 27 CFR 9 (2 documents) ...... 29949, 29952 70...... 29954 71...... 29954 200...... 29956 Proposed Rules: 0...... 30013 5...... 30015 18...... 30017 20...... 30019 22...... 30019 70...... 30013 250...... 30021 29 CFR 1915...... 29957 33 CFR 3...... 29958 117...... 29959 34 CFR 668...... 29960 40 CFR 52 (4 documents) ...... 29961, 29963, 29965, 29970 81...... 29970 29923

Rules and Regulations Federal Register Vol. 61, No. 115

Thursday, June 13, 1996

This section of the FEDERAL REGISTER Marketing Service, United States This final rule has been reviewed contains regulatory documents having general Department of Agriculture, P.O. Box under Executive Order 12788, Civil applicability and legal effect, most of which 96456, Washington, DC 20090–6456; Justice Reform. This action is not are keyed to and codified in the Code of telephone number (202) 260–0151. intended to have retroactive effect. The Federal Regulations, which is published under final rule will not preempt any State or 50 titles pursuant to 44 U.S.C. 1510. SUPPLEMENTARY INFORMATION: A notice was published in the March 18, 1996, local laws, regulations, or policies, The Code of Federal Regulations is sold by issue of the Federal Register (61 FR unless they present an irreconcilable the Superintendent of Documents. Prices of 10902) announcing that a referendum conflict with this rule. There are no new books are listed in the first FEDERAL would be conducted among active administrative procedures which must REGISTER issue of each week. burley producers who sold tobacco on be exhausted prior to any judicial either Boone, West Jefferson, or challenge to the provisions of this rule. Additionally, in conformance with DEPARTMENT OF AGRICULTURE Mountain City, during the previous season to ascertain if such producers the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), full Agricultural Marketing Service favor the consolidation. consideration has been given to the The notice of referendum announced 7 CFR Part 29 potential economic impact upon small the determination by the Secretary that business. Most tobacco producers and [Docket No. TB±95±15] the consolidated market of Boone and many tobacco warehouses are small West Jefferson, North Carolina, and businesses as defined in the Regulatory Tobacco Inspection; Growers' Mountain City, Tennessee, would be Flexibility Act. This action will not Referendum Results designated as a burley tobacco auction substantially affect the normal market and receive mandatory Federal AGENCY: Agricultural Marketing Service, movement of the commodity in the USDA. grading of tobacco sold at auction for marketplace. It has been determined the 1996 and succeeding seasons, ACTION: Final rule. that this action will not have a subject to the results of the referendum. significant impact on a substantial SUMMARY: This document contains the The determination was based on the number of small entities. determination with respect to the evidence and arguments presented at a referendum on the merger of Boone and public hearing held in Boone, North List of Subjects in 7 CFR Part 29 West Jefferson, North Carolina, and Carolina, on September 15, 1995, Administrative practices and Mountain City, Tennessee, to become pursuant to applicable provisions of the procedures, Advisory committees, the consolidated market of Boone-West regulations issued under the Tobacco Government publications, Imports, Jefferson-Mountain City. A mail Inspection Act, as amended. The Pesticides and pests, Reporting and referendum was conducted April 15–26, referendum was held in accordance recordkeeping procedures, Tobacco. with the provisions of the Tobacco 1996, among tobacco growers who sold For the reasons set forth in the Inspection Act, as amended (7 U.S.C. tobacco on these markets the previous preamble, 7 CFR part 29, subpart D, is 511d) and the regulations set forth in 7 season to determine producer approval/ amended as follows: disapproval of the designation of these CFR 29.74. three markets as one consolidated Ballots for the April 15–26 PART 29Ð[AMENDED] market. Growers approved the merger. referendum were mailed to 3,423 Therefore, for the 1996 and succeeding producers. Approval required votes in Subpart DÐOrder of Designation of burley marketing seasons, the Boone favor of the proposal by two-thirds of Tobacco Markets and West Jefferson, North Carolina, and the eligible voters who cast valid Mountain City, Tennessee, tobacco ballots. The Department received a total 1. The authority citation for 7 CFR markets shall be designated as and of 923 responses: 685 eligible producers part 29, subpart D, continues to read as called Boone-West Jefferson-Mountain voted in favor of the consolidation; 204 follows: City. The regulations are amended to eligible producers voted against the Authority: Sec. 5, 49 Stat. 732, as amended reflect this new designated market. consolidation; and 34 ballots were by sec. 157 (a)(1), 95 Stat. 374 (7 U.S.C. EFFECTIVE DATE: July 15, 1996. determined to be invalid. 511d). FOR FURTHER INFORMATION CONTACT: The Department of Agriculture is 2. In § 29.8001, the table is amended Rebecca Fial, Assistant to the Director, issuing this rule in conformance with by adding a new entry (nnn) to read as Tobacco Division, Agricultural Executive Order 12866. follows:

Types of Order of Territory tobacco Auction markets designation Citation

******* (nnn) North Carolina, Tennessee ...... Burley ...... Boone-West Jefferson-Mountain City ...... July 15, 1996.

VerDate 29-MAY-96 20:21 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\P13JN0.PT1 13jnr1 29924 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations

Dated: June 5, 1996. SUPPLEMENTARY INFORMATION: A notice intended to have retroactive effect. The Kenneth C. Clayton, was published in the March 18, 1996, final rule will not preempt any State or Acting Administrator. issue of the Federal Register (61FR, local laws, regulations, or policies, [FR Doc. 96–14971 Filed 6–12–96; 8:45 am] 10902) announcing that a referendum unless they present an irreconcilable BILLING CODE 3410±02±P would be conducted among active conflict with this rule. There are no burley producers who sold tobacco on administrative procedures which must either Horse Cave, Glasgow, or be exhausted prior to any judicial 7 CFR Part 29 Greensburg markets to ascertain if such challenge to the provisions of this rule. producers favored the consolidation. Additionally, in conformance with [Docket No. TB±95±13] The notice of referendum announced the provisions of the Regulatory Tobacco Inspection; Growers' the determination by the Secretary that Flexibility Act (5 U.S.C. 601 et seq.), full Referendum Results the consolidated market of Horse Cave- consideration has been given to the Glasgow-Greensburg, Kentucky, would potential economic impact upon small AGENCY: Agricultural Marketing Service, be designated as a burley tobacco business. Most tobacco producers and USDA. auction market and receive mandatory many tobacco warehouses are small ACTION: Final Rule. Federal grading of tobacco sold at businesses as defined in the Regulatory auction for the 1996 and succeeding Flexibility Act. This action will not SUMMARY: This document contains the seasons, subject to the results of the substantially affect the normal determination with respect to the referendum. The determination was movement of the commodity in the referendum on the merger of Horse based on the evidence and arguments marketplace. It has been determined Cave, Glasgow, and Greensburg, presented at a public hearing held in that this action will not have a Kentucky, to become the consolidated Cave City, Kentucky, on September 13, significant impact on a substantial market of Horse Cave-Glasgow- 1995, pursuant to applicable provisions number of small entities. Greensburg. A mail referendum was of the regulations issued under the List of Subjects in 7 CFR Part 29 conducted during the period of April Tobacco Inspection Act, as amended. 15–26, 1996, among tobacco growers The referendum was held in accordance Administrative practices and who sold tobacco on these markets the with the provisions of the Tobacco procedures, Advisory committees, previous season to determine producer Inspection Act, as amended (7 U.S.C. Government publications, Imports, approval/disapproval of the designation 511d) and the regulations set forth in 7 Pesticides and pests, Reporting and of these three markets as one CFR 29.74. recordkeeping procedures, Tobacco. consolidated market. Growers approved Ballots for the April 15–26 For the reasons set forth in the the merger. Therefore, for the 1996 and referendum were mailed to 7,602 preamble, 7 CFR part 29, subpart D, is succeeding burley marketing seasons, producers. Approval required votes in amended as follows: the Horse Cave, Glasgow, and favor of the proposal by two-thirds of Greensburg, Kentucky, tobacco markets the eligible voters who cast valid PART 29Ð[AMENDED] shall be designated as and called Horse ballots. The Department received a total Cave-Glasgow-Greensburg. The of 2,124 responses: 1,815 eligible Subpart DÐOrder of Designation of regulations are amended to reflect this producers voted in favor of the Tobacco Markets new designated market. consolidation; 213 eligible producers 1. The authority citation for 7 CFR EFFECTIVE DATE: July 15, 1996. voted against the consolidation; and 96 Part 29, subpart D, continues to read as FOR FURTHER INFORMATION CONTACT ballots were determined to be invalid. : follows: Rebecca Fial, Assistant to the Director, The Department of Agriculture is Tobacco Division, Agricultural issuing this rule in conformance with Authority: Sec. 5, 49 Stat. 732, as amended Marketing Service, United States Executive Order 12866. by sec. 157(a)(1), 95 Stat. 374 (7 U.S.C. 511d). Department of Agriculture, P.O. Box This final rule has been reviewed 2. In § 29.8001, the table is amended 96456, Washington, DC 20090–6456; under Executive Order 12788, Civil by adding a new entry (mmm) to read telephone number (202) 260–0151. Justice Reform. This action is not as follows:

Types of to- Order of designa- Territory bacco Auction markets tion Citation

******* (mmm) Kentucky ...... burley ...... Horse Cave-Glasgow-Greensburg, KY ...... July 15, 1996.

Dated: June 5, 1996. 7 CFR Part 982 Hazelnut Marketing Board (Board) Kenneth C. Clayton, under Marketing Order No. 982 for the [Docket No. FV96±982±1IFR] Acting Administrator. 1996–97 and subsequent marketing [FR Doc. 96–14970 Filed 6–12–96; 8:45 am] Hazelnuts Grown in Oregon and years. The Board is responsible for local BILLING CODE 3410±02±P Washington; Assessment Rate administration of the marketing order which regulates the handling of AGENCY: Agricultural Marketing Service, hazelnuts grown in Oregon and USDA. Washington. Authorization to assess ACTION: Interim final rule with request hazelnut handlers enables the Board to for comments. incur expenses that are reasonable and SUMMARY: This interim final rule necessary to administer the program. establishes an assessment rate for the

VerDate 29-MAY-96 20:21 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\P13JN0.PT1 13jnr1 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations 29925

DATES: Effective July 1, 1996. Comments any obligation imposed in connection expenditures of $558,974 and an received by July 15, 1996, will be with the order is not in accordance with assessment rate of $0.007 per pound of considered prior to issuance of a final law and request a modification of the hazelnuts. In comparison, last year’s rule. order or to be exempted therefrom. Such budgeted expenditures were $483,685. ADDRESSES: Interested persons are handler is afforded the opportunity for The assessment rate of $0.007 is the invited to submit written comments a hearing on the petition. After the same as last year’s established rate. concerning this rule. Comments must be hearing the Secretary would rule on the Major expenditures recommended by sent in triplicate to the Docket Clerk, petition. The Act provides that the the Board for the 1996–97 year include Fruit and Vegetable Division, AMS, district court of the United States in any $50,020 for personal services (salaries), USDA, P.O. Box 96456, room 2523–S, district in which the handler is an $5,640 for rent, $5,000 for auditing, Washington, DC 20090–6456, FAX 202– inhabitant, or has his or her principal $5,000 for compliance, $15,000 for a 720–5698. Comments should reference place of business, has jurisdiction to crop survey, $275,000 for promotion, the docket number and the date and review the Secretary’s ruling on the and $182,364 for the emergency fund. page number of this issue of the Federal petition, provided an action is filed not Budgeted expenses for these items in Register and will be available for public later than 20 days after the date of the 1995–96 were $50,735, $5,650, $3,500, inspection in the Office of the Docket entry of the ruling. $5,000, $11,000, $250,000, and Clerk during regular business hours. Pursuant to requirements set forth in $140,000, respectively. The Board will FOR FURTHER INFORMATION CONTACT: the Regulatory Flexibility Act (RFA), the consider using emergency funds for Martha Sue Clark, Marketing Order Agricultural Marketing Service (AMS) authorized activities when it is Administration Branch, Fruit and has considered the economic impact of reasonably certain that its estimate of Vegetable Division, AMS, USDA, P.O. this rule on small entities. assessable hazelnuts will be reached. It Box 96456, room 2523–S, Washington, The purpose of the RFA is to fit will not be able to make this DC 20090–6456, telephone 202–720– regulatory actions to the scale of determination until December 1996, the 9918, FAX 202–720–5698, or Teresa L. business subject to such actions in order month in which the hazelnut harvest Hutchinson, Northwest Marketing Field that small businesses will not be unduly and deliveries to handlers usually are Office, Fruit and Vegetable Division, or disproportionately burdened. completed. Hence, any decision on AMS, USDA, Green-Wyatt Federal Marketing orders issued pursuant to the whether or not to undertake additional Building, room 369, 1220 Southwest Act, and the rules issued thereunder, are activities will not be made until Third Avenue, Portland, OR 97204, unique in that they are brought about December 1996, at the earliest. telephone 503–326–2724, FAX 503– through group action of essentially The assessment rate recommended by 326–7440. small entities acting on their own the Board was derived by dividing SUPPLEMENTARY INFORMATION: This rule behalf. Thus, both statutes have small anticipated expenses by expected is issued under Marketing Agreement entity orientation and compatibility. shipments of Oregon and Washington and Order No. 982, both as amended (7 There are approximately 1,000 hazelnuts. Hazelnut shipments for the CFR part 982; April 22, 1996, 61 FR producers of Oregon and Washington year are estimated at 20,000,000 pounds 17556), regulating the handling of hazelnuts in the production area and which should provide $280,000 in hazelnuts grown in Oregon and approximately 25 handlers subject to assessment income. Income derived Washington. The order is effective regulation under the marketing order. from handler assessments, interest, and under the Agricultural Marketing Small agricultural producers have been from the Nut Growers Society in Agreement Act of 1937, as amended (7 defined by the Small Business payment for services performed by the U.S.C. 601–674), hereinafter referred to Administration (13 CFR 121.601) as Board under an agreement with the as the ‘‘Act.’’ those having annual receipts of less than Society, along with funds from the The Department of Agriculture $500,000, and small agricultural service Board’s authorized reserve, will be (Department) is issuing this rule in firms are defined as those whose annual adequate to cover budgeted expenses. conformance with Executive Order receipts are less than $5,000,000. The Funds remaining in the reserve at the 12866. majority of Oregon and Washington end of the 1996–97 marketing year This rule has been reviewed under hazelnut producers and handlers may should be about $196,240. Funds in the Executive Order 12778, Civil Justice be classified as small entities. reserve will be kept within the Reform. Under the marketing order now The Oregon and Washington hazelnut maximum permitted by the order. in effect, Oregon-Washington hazelnut marketing order provides authority for While this rule will impose some handlers are subject to assessments. the Board, with the approval of the additional costs on handlers, the costs Funds to administer the order are Department, to formulate an annual are in the form of uniform assessments derived from such assessments. It is budget of expenses and collect on all handlers. Some of the additional intended that the assessment rate as assessments from handlers to administer costs may be passed on to producers. issued herein will be applicable to all the program. The members of the Board However, these costs will be offset by assessable hazelnuts beginning July 1, are producers and handlers of the benefits derived by the operation of 1996, and continuing until amended, hazelnuts. They are familiar with the the marketing order. Therefore, the AMS suspended, or terminated. This rule will Board’s needs and with the costs for has determined that this rule will not not preempt any State or local laws, goods and services in their local area have a significant economic impact on regulations, or policies, unless they and are thus in a position to formulate a substantial number of small entities. present an irreconcilable conflict with an appropriate budget and assessment The assessment rate established in this rule. rate. The assessment rate is this rule will continue in effect The Act provides that administrative recommended by a mail vote and indefinitely unless modified, proceedings must be exhausted before discussed reconfirmed in a public suspended, or terminated by the parties may file suit in court. Under meeting. Thus, all directly affected Secretary upon recommendation and section 608c(15)(A) of the Act, any persons have an opportunity to information submitted by the Board or handler subject to an order may file participate and provide input. other available information. with the Secretary a petition stating that The Board, in a mail vote, Although this assessment rate is the order, any provision of the order, or unanimously recommended 1996–97 effective for an indefinite period, the

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Board will continue to conduct a mail PART 982ÐHAZELNUTS GROWN IN concerning this rule. Comments must be vote prior to or during each fiscal period OREGON AND WASHINGTON sent in triplicate to the Docket Clerk, to recommend a budget of expenses and Fruit and Vegetable Division, AMS, 1. The authority citation for 7 CFR consider recommendations for USDA, P.O. Box 96456, room 2523–S, part 982 continues to read as follows: modification of the assessment rate. Any Washington, DC 20090–6456, FAX 202– mail votes will be discussed and Authority: 7 U.S.C. 601–674. 720–5698. Comments should reference reconfirmed at a public meeting. The 2. A new subpart—Assessment Rates the docket number and the date and dates and times of Board meetings are and a new § 982.340 are added to read page number of this issue of the Federal available from the Board or the as follows: Register and will be available for public Department. Board meetings are open to inspection in the Office of the Docket the public and interested persons may SubpartÐAssessment Rates Clerk during regular business hours. FOR FURTHER INFORMATION CONTACT: express their views at these meetings. § 982.340 Assessment rate. The Department will evaluate Board Martha Sue Clark, Marketing Order On and after July 1, 1996, an Administration Branch, Fruit and recommendations and other available assessment rate of $0.007 per pound of information to determine whether Vegetable Division, AMS, USDA, P.O. assessable hazelnuts is established for Box 96456, room 2523–S, Washington, modification of the assessment rate is Oregon and Washington hazelnuts. needed. Further rulemaking will be DC 20090–6456, telephone 202–720– undertaken as necessary. The Board’s Dated: June 7, 1996. 9918, FAX 202–720–5698, or William G. 1996–97 budget and those for Robert C. Keeney, Pimental, Southeast Marketing Field subsequent fiscal periods will be Director, Fruit and Vegetable Division. Office, Fruit and Vegetable Division, reviewed and, as appropriate, approved [FR Doc. 96–14985 Filed 6–12–96; 8:45 am] AMS, USDA, P.O. Box 2276, Winter Haven, FL 33883–2276, telephone 941– by the Department. BILLING CODE 3410±02±P 299–4770, FAX 941–299–5169. After consideration of all relevant SUPPLEMENTARY INFORMATION: This rule material presented, including the 7 CFR Parts 997 and 998 is issued pursuant to the requirements information and recommendation [Docket No. FV96±998±1IFR] of the Agricultural Marketing submitted by the Board and other Agreement Act of 1937, as amended (7 available information, it is hereby found Increased Assessment Rate for U.S.C. 601–674), and as further that this rule, as hereinafter set forth, Domestically Produced Peanuts amended December 12, 1989, will tend to effectuate the declared Handled By Persons Not Subject to hereinafter referred to as the ‘‘Act’’; Pub. policy of the Act. Peanut Marketing Agreement No. 146 L. 101–220, section 4(1), (2), 103 Stat. Pursuant to 5 U.S.C. 553, it is also and for Marketing Agreement No. 146 1878, December 12, 1989; Pub. L. 103– found and determined upon good cause Regulating the Quality of Domestically 66, section 8b(b)(1), 107 Stat. 312, that it is impracticable, unnecessary, Produced Peanuts August 10, 1993; and under Marketing and contrary to the public interest to Agreement 146 (7 CFR part 998) AGENCY: Agricultural Marketing Service, give preliminary notice prior to putting regulating the quality of domestically USDA. this rule into effect and that good cause produced peanuts. exists for not postponing the effective ACTION: Interim final rule with request The Department is issuing this rule in date of this action until 30 days after for comments. conformance with Executive Order publication in the Federal Register 12866. SUMMARY: This interim final rule This rule has been reviewed under because: (1) The Board needs to have increases the administrative assessment Executive Order 12778, Civil Justice sufficient funds to pay its expenses rate under Marketing Agreement 146 Reform. The Department established a which are incurred on a continuous (agreement) for the 1995–96 crop year. 1995–96 crop year assessment rate basis; (2) the 1996–97 marketing year Authorization of the increase in the applicable to non-signatory and begins on July 1, 1996, and the administrative assessment rate enables signatory handlers effective July 1, 1995, marketing order requires that the rate of the Peanut Administrative Committee through June 30, 1996. This rule assessment for each marketing year (Committee) to collect sufficient funds increases the administrative assessment apply to all assessable hazelnuts to pay expenses for the remainder of the rates for the crop year which began July handled during such marketing year; (3) year. Funds to administer this program 1, 1995. Farmers’ stock peanuts received handlers are aware of this action which are derived from assessments on or acquired by non-signatory handlers was unanimously recommended by the handlers who have signed the and farmers’ stock peanuts received or Board in a mail vote and is similar to agreement. Public Law 103–66 requires acquired by handlers signatory to the the assessment rate action issued last the Department of Agriculture agreement, other than from those year; and (4) this interim final rule (Department) to impose an described in §§ 998.31 (c) and (d), are provides a 30-day comment period, and administrative assessment on farmers subject to the assessments. This rule all comments timely received will be stock peanuts received or acquired by will not preempt any State or local laws, considered prior to finalization of this handlers who are not signatory (non- regulations, or policies, unless they rule. signatory handlers) to the agreement. present an irreconcilable conflict with Therefore, this same increase in the this rule. There are no administrative List of Subjects in 7 CFR Part 982 assessment rate under the agreement procedures which must be exhausted will apply to all non-signatory handlers. Filberts, Hazelnuts, Marketing prior to any judicial challenge to the DATES: Effective July 1, 1995, through agreements, Nuts, Reporting and provisions of this rule. June 30, 1996. Comments received by recordkeeping requirements. Pursuant to requirements set forth in July 15, 1996, will be considered prior the Regulatory Flexibility Act (RFA), the For the reasons set forth in the to issuance of a final rule. Agricultural Marketing Service (AMS) preamble, 7 CFR part 982 is amended as ADDRESSES: Interested persons are has considered the economic impact of follows: invited to submit written comments this rule on small entities.

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The purpose of the RFA is to fit applied to actual receipts and a significant economic impact on a regulatory actions to the scale of acquisitions, it must be established at a substantial number of small entities. business subject to such actions in order rate which will produce sufficient After consideration of all relevant that small businesses will not be unduly income to pay the Committee’s matter presented, including the or disproportionately burdened. expenses. Approximately 95 percent of information and recommendations There are approximately 45 handlers the domestically produced peanut crop submitted by the Committee and other of peanuts who have not signed the is marketed by handlers who are agreement and, thus, will be subject to signatory to the agreement. available information, it is hereby found the regulations specified herein. Also, Pub. L. 101–220 amended section that this rule, as hereinafter set forth, there are approximately 47,000 608b of the Act to require that all will tend to effectuate the declared producers of peanuts in the 16 States peanuts handled by persons who have policy of the Act. covered under the agreement and not entered into the agreement (non- Pursuant to 5 U.S.C. 553, it is also approximately 76 handlers subject to signers) be subject to quality and found and determined upon good cause regulation under the agreement. Small inspection requirements to the same that it is impracticable, unnecessary, agricultural producers have been extent and manner as are required under and contrary to the public interest to defined by the Small Business the Agreement. Approximately 5 give preliminary notice prior to putting Administration (13 CFR 121.601) as percent of the U.S. peanut crop is this rule into effect and that good cause those having annual receipts of less than marketed by non-signer handlers. exists for not postponing the effective $500,000, and small agricultural service Pub. L. 103–66 (107 Stat. 312) date of this action until 30 days after firms are defined as those whose annual provides for mandatory assessment of receipts are less than $5,000,000. A farmer’s stock peanuts acquired by non- publication in the Federal Register majority of the producers and the non- signatory peanut handlers. Under this because: (1) The Committee needs to signatory handlers may be classified as law, paragraph (b) of section 1001, of have sufficient funds to pay its expenses small entities, and some of the handlers the Agricultural Reconciliation Act of which are incurred on a continuous covered under the agreement are small 1993, specified that: (1) Any assessment basis; (2) Pub. L. 103–66 requires the entities. (except indemnification assessments) Department to impose an administrative Under the agreement, the assessment imposed under the Agreement on assessment on peanuts received or rate for a particular crop year applies to signatory handlers also shall apply to acquired for the account of non- all assessable tonnage handled from the non-signatory handlers, and (2) such signatory handlers; (3) the 1995–96 crop beginning of such year (i.e., July 1). assessment shall be paid to the year began on July 1, 1995, and the Funds to administer the peanut Secretary. marketing agreement and Pub. L. 103– agreement program are paid to the The 1995–96 Committee budget was 66 require that the rate of assessment for Committee and are derived from published in the Federal Register as an the crop year apply to all peanuts signatory handler assessments. An interim final rule on May 17, 1995, (60 handled during the crop year; (4) annual budget of expenses is prepared FR 26348), and finalized on July 18, handlers are aware of this action which by the Committee and submitted to the 1995 (60 FR 36635). The non-signatory was unanimously recommended by the handler assessment rate was published Department for approval. The members Committee at a public meeting and is of the Committee are handlers and in the Federal Register as an interim similar to other budget actions issued in producers of peanuts. They are familiar final rule on August 21, 1995 (60 FR past years; and (5) this interim final rule with the Committee’s needs and with 43353), and finalized on November 24, the costs for goods, services, and 1995 (60 FR 57907). The administrative provides a 30-day comment period, and personnel for program operations and, expenses and assessment rate for the all comments timely received will be thus, are in a position to formulate 1995–96 crop year were based on an considered prior to finalization of this appropriate budgets. The budgets are estimated assessable tonnage of rule. formulated and discussed at industry- 1,525,000. The Committee now projects List of Subjects wide meetings. Thus, all directly that total tonnage will only be about affected persons have an opportunity to 1,300,000. In order to have sufficient 7 CFR Part 997 provide input in recommending the revenue to cover budgeted expenses of budget and assessment rate. The $1,067,500, the Committee met on Food grades and standards, Peanuts, handlers of peanuts who are directly March 19, 1996, and unanimously Reporting and recordkeeping affected have signed the marketing recommended that the 1995–96 crop requirements. agreement authorizing the expenses that year administrative assessment be 7 CFR Part 998 may be incurred and the imposition of increased from $0.70 to $0.83 per net assessments. ton of assessable farmers’ stock peanuts. Marketing agreements, Peanuts, The assessment rate recommended by While this action will impose some Reporting and recordkeeping the Committee for the 1995–96 crop additional costs on handlers, the costs requirements. year was derived by dividing are in the form of uniform assessments anticipated expenses by expected on all handlers signatory to the For the reasons set forth in the receipts and acquisitions of farmers’ agreement. Some of the additional costs preamble, 7 CFR parts 997 and 998 are stock peanuts. It applies to all assessable may be passed on to producers. amended as follows: peanuts received or acquired by However, these costs will be 1. The authority citation for 7 CFR handlers from July 1, 1995. Farmers’ significantly offset by the benefits parts 997 and 998 continues to read as stock peanuts received or acquired by derived from the operation of the follows: non-signatory handlers and farmers’ marketing agreement. This stock peanuts received or acquired by administrative assessment is required by Authority: 7 U.S.C. 601–674. handlers signatory to the agreement, law to be applied uniformly to all non- Note: These sections will not appear in the other than from those described in signatory handlers and will be of benefit Code of Federal Regulations. §§ 998.31 (c) and (d), are subject to to all. Therefore, the AMS has assessments. Because that rate is determined that this rule will not have

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PART 997ÐPROVISIONS must be received on or before August which the following statement is made: REGULATING THE QUALITY OF 12, 1996. ‘‘Comments to Docket No. 96–ASW–3.’’ DOMESTICALLY PRODUCED ADDRESSES: Comments on this proposal The postcard will be date and time PEANUTS HANDLED BY PERSONS may be mailed in duplicate to the stamped and returned to the NOT SUBJECT TO THE PEANUT Federal Aviation Administration (FAA), commenter. MARKETING AGREEMENT Office of the Assistant Chief Counsel, Background Attn: Rules Docket No. 96–ASW–1, Fort § 997.100 [Amended] Worth, Texas 76193–0007, or delivered Agusta S.p.A., Cascina Costa, Italy, 2. Section 997.100 is amended by in duplicate to the Office of the applied for an amendment to U.S. Type removing ‘‘$0.70’’ and adding in its Assistant Chief Counsel, 2601 Meacham Certificate H7EU through the Registro place ‘‘$0.83.’’ Blvd., Fort Worth, Texas. Comments Aeronautico Italiano (RAI) September must be marked Docket No. 96–ASW–1. 23, 1992, updated July 26, 1993, to PART 998ÐMARKETING AGREEMENT Comments may be inspected in the include Model A109D and A109E REGULATING THE QUALITY OF Rules Docket weekdays, except Federal helicopters based on previously DOMESTICALLY PRODUCED holidays, between 9 a.m. and 3 p.m. certified A109C and A109K2 PEANUTS FOR FURTHER INFORMATION CONTACT: helicopters. The A109D and A109E § 998.408 [Amended] Mr. Carroll Wright, FAA, Rotorcraft helicopters differ from the previously Directorate, Regulations Group, Fort certificated model helicopters because 3. In § 998.408, paragraph (c) is they contain the following: amended by removing ‘‘$1.70’’ and Worth, Texas 76193–0111; telephone (817) 222–5120. a. Allison 250–C22(A109D) or Pratt & adding in its place ‘‘$1.83’’ and by Whitney PW206C(A109E) FADEC SUPPLEMENTARY INFORMATION: The FAA removing ‘‘$0.70’’ and adding in its controlled engines. has determined that notice and place ‘‘$0.83.’’ b. A main landing gear that is held in opportunity for prior public comment Dated: June 7, 1996. position by two crossbeams that are hereon are impracticable because these covered by pods and is retractable into Robert C. Keeney, procedures would significantly delay the bottom of the helicopter. Director, Fruit and Vegetable Division. issuance of the design approval and c. A new main rotor titanium hub, [FR Doc. 96–14987 Filed 6–12–96; 8:45 am] thus delay delivery of the affected composite tension links, electomeric BILLING CODE 3410±02±P helicopter. These notice and comment bearings, with dampers derived from the procedures are also considered Model A129 helicopter. unnecessary since the public has been d. Updated fuselage and fuel systems; previously provided with a substantial DEPARTMENT OF TRANSPORTATION and number of opportunities to comment on e. A new cockpit layout with flat Federal Aviation Administration substantially identical special panel displays (IDS) for powerplant data conditions, and their comments have monitoring. 14 CFR Part 27 been fully considered. Therefore, good [Docket No. 96±ASW±1; Special Condition cause exists for making this special Type Certification Basis No. 27±ASW±3] condition effective upon issuance. The certification basis established for Comments Invited the Agusta Model A109D and A109E Special Condition: Agusta Models helicopters includes: 14 Code of Federal Although this final special condition A109D and A109E, High Intensity Regulations (CFR) § 21.29 and 14 CFR was not subject to notice and Radiated Fields part 27 effective February 1, 1965, opportunity for prior public comment, including Amendments 27–1 through AGENCY: Federal Aviation comments are invited on this final 27–8, except as more specifically Administration, DOT. special condition. Interested persons are required by the following paragraph ACTION: Final special condition; request invited to comment on this final special amendment levels: for comments. condition by submitting such written data, views, or arguments as they may SUMMARY Amend- : This special condition is desire. Communications should identify Paragraph ment issued for the Agusta Model A109D and the regulatory docket number and be A109E helicopters. These helicopters submitted in duplicate to the address 27.2 ...... 28 will have a novel or unusual design specified under the caption ADDRESSES. 27.21 ...... 21 feature associated with electronic All communications received on or 27.45 ...... 21 systems that perform critical functions. before the closing date for comments 27.71 ...... 21 The applicable airworthiness will be considered. This special 27.79 ...... 21 27.141 ...... 21 regulations do not contain adequate or condition may be changed in light of appropriate safety standards for the 27.143 ...... 21 comments received. All comments 27.175 ...... 21 protection of the electronic systems that received will be available in the Rules 27.177 ...... 21 perform critical functions from the Docket for examination by interested 27.401 ...... 27 effects of external high intensity persons, both before and after the 27.610 ...... 21 radiated fields (HIRF). This special closing date of comments. A report 27.901 ...... 23 condition contains the additional safety summarizing each substantive public 27.903 ...... 23 standards that the Administrator contact with FAA personnel concerning 27.927 ...... 23 considers necessary to establish a level this rulemaking will be filed in the 27.954 ...... 23 27.1091 ...... 23 of safety equivalent to that established docket. Persons wishing the FAA to by the applicable airworthiness 27.1093(b) ...... 23 acknowledge receipt of their comments 27.1189 ...... 23 standards. submitted in response to this final rule 27.1305 ...... 23 DATES: The effective date of this special must submit with those comments a 27.1309 ...... 21 condition is June 13, 1996. Comments self-addressed, stamped postcard on 27.1321 ...... 13

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Amend- flight and landing of the helicopters. A radio frequency emitters and the Paragraph ment FADEC is an electronic device that expected increase in the future. performs the critical functions of engine The FAA recognizes the need for 27.1322 ...... 11 control. The control of the engines is aircraft certification standards to keep 27.1323 ...... 13 critical to the continued safe flight and pace with technological developments 27.1325 ...... 13 and a changing environment and, in 27.1401 ...... 10 landing of the helicopter during visual 27.1505 ...... 21 flight rules (VFR) and instrument flight 1986, initiated a high priority program 27.1519 ...... 21 rules (IFR) operations. to (1) determine and define 27.1521 ...... 23 If it is determined that this helicopter electromagnetic energy levels; (2) 27.1527 ...... 14 currently or at a future date incorporates develop guidance material for design, 27.1529 ...... 18 other electrical/electronic systems test, and analysis; and (3) prescribe and 27.1549 ...... 23 performing critical functions, those promulgate regulatory standards. The 27.1555 ...... 21 systems also will be required to comply FAA participated with industry and 27.1557 ...... 11 with the requirements of this special airworthiness authorities of other 27.1581 ...... 14 27.1583 ...... 16 condition. countries to develop internationally 27.1585 ...... 21 Recent advances in technology have recognized standards for certification. 27.1587 ...... 21 prompted the design of aircraft that The FAA and airworthiness include advanced electrical and authorities of other countries have Section 29.903(b), effective February electronic systems that perform identified a level of HIRF environment 1, 1965, for category ‘‘A’’ engine functions required for continued safe that a helicopter could be exposed to isolation, elected by the applicant; flight and landing. However, these during IFR operations. While the HIRF Special Conditions No. 27–54–EU–17 advanced systems respond to the requirements are being finalized, the for Agusta Model A109 helicopter, transient effects of induced electrical FAA is adopting a special condition for issued on June 26, 1973; equivalent current and voltage caused by the HIRF the certification of aircraft that employ safety in lieu of compliance shown for: incident on the external surface of the electrical/electronic systems that • Section 27.1189, regarding shut-off helicopters. These induced transient perform critical functions. The accepted means, and currents and voltages can degrade the maximum energy levels that civilian • Section 27.1305(d), regarding the performance of the electrical/electronic helicopter system installations must fuel quantity indicator. systems by damaging the components or withstand for safe operation are based If the Administrator finds that the by upsetting the systems’ functions. on surveys and analysis of existing radio applicable airworthiness regulations do Furthermore, the electromagnetic frequency emitters. This special not contain adequate or appropriate environment has undergone a condition will require the helicopters’ safety standards for these helicopters transformation not envisioned by the electrical/electronic systems and because of a novel or unusual design current application of § 29.1309(a). associated wiring be protected from feature, special conditions are Higher energy levels radiate from these energy levels. These external prescribed under the provisions of operational transmitters currently used threat levels are believed to represent § 21.16 to establish a level of safety for radar, radio, and television; the the worst-case exposure for a helicopter equivalent to that established in the number of transmitters has increased operating under IFR. regulations. significantly. The HIRF environment specified in Special conditions, as appropriate, are Existing aircraft certification this special condition is based on many issued in accordance with § 11.49 after requirements are inappropriate in view critical assumptions. With the exception public notice, as required by §§ 11.28 of these technological advances. In of takeoff and landing at an airport, one and 11.29(b), and become part of the addition, the FAA has received reports of these assumptions is the aircraft type certification basis in accordance of some significant safety incidents and would be not less than 500 feet above with § 21.101(b)(2). accidents involving military aircraft ground level (AGL). Helicopters Special conditions are initially equipped with advanced electrical/ operating under visual flight rules (VFR) applicable to the model for which they electronic systems when they were routinely operate at less than 500 feet are issued. Should the type certificate exposed to electromagnetic radiation. AGL and perform takeoffs and landings for that model be amended later to The combined effects of technological at locations other than controlled include any other model that advances in helicopter design and the airports. Therefore, it would be incorporates the same novel or unusual changing environment have resulted in expected that the HIRF environment design feature, or should any other an increased level of vulnerability of the experienced by a helicopter operating model already included on the same electrical and electronic systems VFR may exceed the defined type certificate be modified to required for the continued safe flight environment by 100 percent or more. incorporate the same novel or unusual and landing of the helicopters. Effective This special condition will require the design feature, the special conditions measures to protect these helicopters systems that perform critical functions, would also apply to the other model against the adverse effects of exposure as installed in the aircraft, to meet under the provisions of § 21.101(a)(1). to HIRF will be provided by the design certain standards based on either a and installation of these systems. The defined HIRF environment or a fixed Discussion following primary factors contributed to value using laboratory tests. The Agusta Model A109D and A109E the current conditions: (1) increased use The applicant may demonstrate that helicopters, at the time of the of sensitive electronics that perform the operation and operational capability application for amendment to U.S. Type critical functions, (2) reduced of the installed electrical/electronic Certificate H7EU, were identified as electromagnetic shielding afforded systems that perform critical functions incorporating one and possibly more helicopter systems by advanced are not adversely affected when the electrical, electronic, or combination of technology airframe materials, (3) aircraft is exposed to the defined HIRF electrical and electronic (electrical/ adverse service experience of military environment. The FAA has determined electronic) systems that will perform aircraft using these technologies, and (4) that the environment defined in Table 1 functions critical to the continued safe an increase in the number and power of is acceptable for critical functions in

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It is not a rule of functions can withstand a peak operation of the system under test, general applicability and affects only electromagnetic field strength in a based on its design characteristics, the applicant who applied to the FAA frequency range of 10 KHz to 18 GHz. should be selected. For example, flight for approval of these features on the If a laboratory test is used to show control system may be susceptible to 3 affected helicopter. compliance with the defined HIRF Hz square wave modulation while the The substance of this special environment, no credit will be given for video signals for electronic display condition for similar installations in a signal attenuation due to installation. A systems may be susceptible to 400 Hz level of 100 v/m and other sinusoidal modulation. If the worst-case variety of helicopters has been subjected considerations, such as an alternate modulation is unknown or cannot be to the notice and comment procedure technology backup that is immune to determined, default modulations may be and has been finalized without HIRF, are appropriate for critical used. Suggested default values are a 1 substantive change. It is unlikely that functions during IFR operations. A level KHz sine wave with 80 percent depth of prior public comment would result in a of 200 v/m and further considerations, modulation in the frequency range from significant change from the substance such as an alternate technology backup 10 KHz to 400 MHz and 1 KHz square contained herein. For this reason, and that is immune to HIRF, are more wave with greater than 90 percent depth because a delay would significantly appropriate for critical functions during of modulation from 400 MHz to 18 GHz. affect the certification of the helicopter, VFR operations. For frequencies where the unmodulated which is imminent, the FAA has Applicants must perform a signal would cause deviations from determined that prior public notice and preliminary hazard analysis to identify normal operation, several different comment are unnecessary and electrical/electronic systems that modulating signals with various impractical, and good cause exists for perform critical functions. The term waveforms and frequencies should be adopting this special condition ‘‘critical’’ means those functions whose applied. immediately. Therefore, this special failure would contribute to or cause a Acceptable system performance condition is being made effective upon failure condition that would prevent the would be attained by demonstrating that issuance. The FAA is requesting continued safe flight and landing of the the critical function components of the comments to allow interested persons to helicopters. The systems identified by system under consideration continue to submit views that may not have been the hazard analysis as performing perform their intended function during submitted in response to prior critical functions are required to have and after exposure to required opportunities for comment. HIRF protection. electromagnetic fields. Deviations from List of Subjects in 14 CFR Parts 21 and A system may perform both critical system specifications may be acceptable 29 and noncritical functions. Primary but must be independently assessed by electronic flight display systems and the FAA on a case-by-case basis. Aircraft, Air transportation, Aviation their associated components perform safety, Rotorcraft, Safety. critical functions such as attitude, TABLE 1.ÐFIELD STRENGTH VOLTS/ The authority citation for this special altitude, and airspeed indications. HIRF METER condition is as follows: requirements would apply only to the systems that perform critical functions. Aver- Authority: 42 U.S.C. 7572; 49 U.S.C. Compliance with HIRF requirements Frequency Peak age 106(g), 40105, 40113, 44701, 44702, 44704, will be demonstrated by tests, analysis, 44709, 44711, 44713, 44715, 45303. models, similarity with existing 10±100 KHz ...... 50 50 The Special Condition systems, or a combination of these 100±500 ...... 60 60 methods. The two basic options of 500±2000 ...... 70 70 Accordingly, pursuant to the 2±30 MHz ...... 200 200 authority delegated to me by the either testing the rotorcraft to the 30±100 ...... 30 30 defined environment or laboratory 100±200 ...... 150 33 Administrator, the Federal Aviation testing may not be combined. The 200±400 ...... 70 70 Administration (FAA) issues the laboratory test allows some frequency 400±700 ...... 4020 935 following special condition as a part of areas to be under tested and requires 700±1000 ...... 1700 170 the type certification basis for the other areas to have some safety margin 1±2 GHz ...... 5000 990 Agusta Model A109D and A109E when compared to the defined 2±4 ...... 6680 840 helicopters. 4±6 ...... 6850 310 environment. The areas required to have 6±8 ...... 3600 670 Protection for Electrical and Electronic some safety margin are those that have 8±12 ...... 3500 1270 Systems From High Intensity Radiated been, by past testing, shown to exhibit 12±18 ...... 3500 360 Fields greater susceptibility to adverse effects 18±40 ...... 2100 750 from HIRF; and laboratory tests, in Each system that performs critical general, do not accurately represent the As discussed above, these special functions must be designed and aircraft installation. Service experience conditions are applicable initially to the installed to ensure that the operation alone will not be acceptable since such Model A109D and A109E helicopters. and operational capabilities of these experience in normal flight operations Should Agusta apply at a later date for critical functions are not adversely may not include an exposure to HIRF. a change to the type certificate to affected when the helicopters are Reliance on a system with similar include another model incorporating the exposed to high intensity radiated fields design features for redundancy, as a same novel or unusual design feature, external to the helicopters.

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Issued in Fort Worth, Texas, on May 31, Correction of Publication FOR FURTHER INFORMATION CONTACT: Jerry 1996. In rule document 96–11494, on page Robinette, Aerospace Engineer, Atlanta Daniel P. Salvano, 21894, in the issue of Friday, May 10, Aircraft Certification Office, FAA, Small Manager, Rotorcraft Directorate, Aircraft 1996, make the following correction: Airplane Directorate, Campus Building, Certification Service. On page 21894, in the first column, in 1701 Columbia Ave., Suite 2–160, [FR Doc. 96–14761 Filed 6–12–96; 8:45 am] the heading, Amendment ‘‘No. 20–40]’’ College Park, GA 30337–2748; BILLING CODE 4910±13±M should read ‘‘No. 29–39]’’. telephone (404) 305–7371, fax (404) 305–7348. Issued in Washington, DC on June 7, 1996. SUPPLEMENTARY INFORMATION: A 14 CFR Parts 27 and 29 Joseph A. Conte, proposal to amend part 39 of the Federal Acting Assistant Chief Counsel. [Docket No. 28008; Amendment No. 27±33, Aviation Regulations (14 CFR part 39) 29±40] [FR Doc. 96–15066 Filed 6–12–96; 8:45 am] by superseding airworthiness directive BILLING CODE 4910±13±M (AD) 77–13–03, Amendment 39–2925 RIN 2120±AF65 (42 FR 31770, June 23, 1977), which is applicable to Teledyne Continental Rotorcraft Regulatory Changes Based 14 CFR Part 39 on European Joint Aviation Motors (TCM) O–200A, O–200B, was Requirements [Docket No. 94±ANE±53; Amendment 39± published in the Federal Register on 9648; AD 96±12±06] June 15, 1995 (60 FR 31421). That action AGENCY: Federal Aviation proposed to retain the 24° before top Administration (FAA), DOT. RIN 2120±AA64 center (BTC) engine timing for engines ACTION: Final rule; correction. with cylinders that have part number Airworthiness Directives; Teledyne (P/N) lower than 641917; allow the SUMMARY: This document contains a Continental Motors and Rolls-Royce, return to 28° BTC engine timing for correction to the final rule published in plc O±200 Series Reciprocating those engines with cylinder P/N 641917 the Federal Register on May 10, 1996; Engines and subsequent (higher) part numbers, (61 FR 21904). The final rule amended restamp the engine data plate to indicate AGENCY: Federal Aviation the airworthiness standards for normal engine timing of 28° BTC; and drop the Administration, DOT. and transport category rotorcraft. TCM O–200C series engines from the EFFECTIVE DATE: August 8, 1996. ACTION: Final rule. AD’s applicability. The actions must be FOR FURTHER INFORMATION CONTACT: SUMMARY: This amendment supersedes accomplished in accordance with TCM Carroll Wright, (817) 225–5120. two existing airworthiness directives Service Bulletin (SB) No. SB94–8, dated September 14, 1994. Correction of Publication (AD’s), applicable to Teledyne Continental Motors and Rolls-Royce, plc This AD also supersedes AD 78–19– In rule document 96–11493, on page O–200 series reciprocating engines, that 02, Amendment 39–3301 (43 FR 41374, 21904, in the issue of Friday, May 10, currently require resetting engine timing September 18, 1978), applicable to 1996, make the following correction: to 24° Before Top Center (BTC). This Rolls-Royce, plc (R–R) O–200A, O– On page 21904, in the first column, in amendment returns to the 28° BTC 200B, and O–200C series engines, which the heading, Amendment ‘‘No. 29–39]’’, also requires resetting the engine timing engine timing for those engines ° should read ‘‘No. 29–40]’’. equipped with improved cylinders that to 24 . This AD combines the TCM Issued in Washington, DC on June 7, 1996. have strengthened heads. In addition, applicability of AD 77–13–03 with the Joseph A. Conte, this amendment drops the TCM O–200C R–R applicability of AD 78–19–02 into one, superseding AD. Acting Assistant Chief Counsel. model which never went into production. This amendment is Interested persons have been afforded [FR Doc. 96–15067 Filed 6–12–96; 8:45 am] an opportunity to participate in the BILLING CODE 4910±13±M prompted by the availability of improved cylinders. The actions making of this amendment. specified by this AD are intended to One commenter (the manufacturer) states that the timing adjustment may be 14 CFR Part 29 prevent possible cylinder cracking with ° ° subsequent loss of engine power. set to the limits of (+1 , ¥1 ). The [Docket No. 24802; Amendment No. 29±39] NPRM incorrectly limited the timing DATES: Effective July 18, 1996. ° ° RIN 2120±AB36 adjustment to (+1 , ¥0 ). The FAA The incorporation by reference of concurs and has revised this final rule Airworthiness Standards; Transport certain publications listed in the accordingly. Category Rotorcraft Performance regulations is approved by the Director After careful review of the available of the Federal Register as of July 18, data, including the comments noted AGENCY: Federal Aviation 1996. above, the FAA has determined that air Administration, (FAA), DOT. ADDRESSES: The service information safety and the public interest require the ACTION: Final rule; correction. referenced in this AD may be obtained adoption of the rule with the changes from Teledyne Continental Motors, P.O. described previously. The FAA has SUMMARY: This document contains a Box 90, Mobile, AL 36601; telephone determined that these changes will correction to the final rule published in (334) 438–3411. This information may neither increase the economic burden the Federal Register on May 10, 1996 be examined at the Federal Aviation on any operator nor increase the scope (61 FR 21894). The final rule adopted Administration (FAA), New England of the AD. new and revised airworthiness Region, Office of the Assistant Chief The FAA estimates that 23,500 standards for the performance of Counsel, 12 New England Executive engines installed on aircraft of U.S. transport category rotorcraft. Park, Burlington, MA 01803–5299; or at registry will be affected by this AD, that EFFECTIVE DATE: June 10, 1996. the Office of the Federal Register, 800 it will take approximately 2 work hours FOR FURTHER INFORMATION CONTACT: T.E. North Capitol Street, NW., suite 700, per engine to accomplish the required Archer, (817) 222–5126. Washington, DC. actions, and that the average labor rate

VerDate 29-MAY-96 20:21 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\P13JN0.PT1 13jnr1 29932 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations is $60 per work hour. This AD adds no airworthiness directive, Amendment (g) An alternative method of compliance or additional requirements; the resetting of 39–9648, to read as follows: adjustment of the compliance time that provides an acceptable level of safety may be engine timing for engines with the 96–12–06 Teledyne Continental Motors and improved cylinders is optional. used if approved by the Manager, Atlanta Rolls-Royce, plc.: Amendment 39–9648. Aircraft Certification Office. The request Therefore, there is no cost imposed by Docket 94–ANE–53. Supersedes AD 77– should be forwarded through an appropriate the required actions. However, if the 13–03, Amendment 39–2925 and AD 78– FAA Maintenance Inspector, who may add timing was reset on all applicable 19–02, Amendment 39–3301. comments and then send it to the Manager, engines, based on these figures, the total Applicability: Teledyne Continental Atlanta Aircraft Certification Office. cost impact of the AD on U.S. operators Motors (TCM) Model O–200A and O–200B Note: Information concerning the existence is estimated to be $2,820,000. and Rolls-Royce, plc. Model O–200A, O– of approved alternative method of 200B, and O–200C reciprocating engines. compliance with this AD, if any, may be The regulations adopted herein will These engines are installed on but not obtained from the Atlanta Aircraft not have substantial direct effects on the limited to American Champion Models 7ECA Certification Office. States, on the relationship between the and 402; Cessna Model 150, 150A through (h) Special flight permits may be national government and the States, or 150M, A150K through A150M; Reims Models issued in accordance with sections on the distribution of power and F–150G through F–150M, FA–150K and FA– 150L; and Taylorcraft Model F19 aircraft. 21.197 and 21.199 of the Federal responsibilities among the various Note: This airworthiness directive (AD) Aviation Regulations (14 CFR 21.197 levels of government. Therefore, in applies to each engine identified in the and 21.199) to operate the aircraft to a accordance with Executive Order 12612, preceding applicability provision, regardless location where the requirements of this it is determined that this final rule does of whether it has been modified, altered, or AD can be accomplished. not have sufficient federalism repaired in the area subject to the (i) The actions required by this AD implications to warrant the preparation requirements of this AD. For engines that shall be done in accordance with the of a Federalism Assessment. have been modified, altered, or repaired so that the performance of the requirements of following service bulletin: For the reasons discussed above, I this AD is affected, the owner/operator must certify that this action (1) is not a use the authority provided in paragraph (g) Document No. Pages Date ‘‘significant regulatory action’’ under to request approval from the Federal Aviation Executive Order 12866; (2) is not a Administration (FAA). This approval may TCM SB No. 1±6 September 14, address either no action, if the current SB94±8. 1994. ‘‘significant rule’’ under DOT Total pages: 6. Regulatory Policies and Procedures (44 configuration eliminates the unsafe FR 11034, February 26, 1979); and (3) condition, or different actions necessary to address the unsafe condition described in This incorporation by reference was will not have a significant economic this AD. Such a request should include an approved by the Director of the Federal impact, positive or negative, on a assessment of the effect of the changed Register in accordance with 5 U.S.C. 552(a) substantial number of small entities configuration on the unsafe condition and 1 CFR part 51. Copies may be obtained under the criteria of the Regulatory addressed by this AD. In no case does the from Teledyne Continental Motors, P.O. Box Flexibility Act. A final evaluation has presence of any modification, alteration, or 90, Mobile, AL 36601; telephone (334) 438– been prepared for this action and it is repair remove any engine from the 3411. Copies may be inspected at the FAA, New England Region, Office of the Assistant contained in the Rules Docket. A copy applicability of this AD. Compliance: Required as indicated, unless Chief Counsel, 12 New England Executive of it may be obtained from the Rules Park, Burlington, MA; or at the Office of the Docket at the location provided under accomplished previously. To prevent possible cylinder cracking with Federal Register, 800 North Capitol Street, the caption ADDRESSES. subsequent loss of engine power, accomplish NW., suite 700, Washington, DC. (j) This amendment becomes effective on List of Subjects in 14 CFR Part 39 the following: (a) For engines that have one or more July 18, 1996. Air Transportation, Aircraft, Aviation cylinders with part numbers (P/N) lower than Issued in Burlington, Massachusetts, on safety, Incorporation by reference, 641917, within the next 50 hours time in May 29, 1996. service (TIS) after the effective date of this Robert E. Guyotte, Safety. ° ° ¥ ° AD, reset the engine timing to 24 (+1 , 1 ) Acting Manager, Engine and Propeller Before Top Center (BTC) on both magnetos in Adoption of the Amendment Directorate, Aircraft Certification Service. accordance with the magneto to engine [FR Doc. 96–14867 Filed 6–12–96; 8:45 am] Accordingly, pursuant to the timing procedure for direct drive engines in authority delegated to me by the TCM Service Bulletin (SB) No. SB94–8, dated BILLING CODE 4910±13±U September 14, 1994. Administrator, the Federal Aviation (b) For engines that have all four cylinders Administration amends part 39 of the with P/N 641917 or higher, the engine timing 14 CFR Part 39 Federal Aviation Regulations (14 CFR may be reset to 28° (+1°, ¥1°) BTC on both part 39) as follows: magnetos in accordance with the magneto [Docket No. 95±ANE±16; Amendment 39± engine timing procedure for direct drive 9647; AD 96±12±05] PART 39ÐAIRWORTHINESS engines in TCM SB No. SB94–8, dated RIN 2120±AA64 DIRECTIVES September 14, 1994. (c) Subsequent installation of cylinders Airworthiness Directives; AlliedSignal, 1. The authority citation for part 39 must be of the P/N listed in paragraph (b) of Inc. (Formerly Textron Lycoming) this AD to retain the 28° BTC timing. continues to read as follows: LTS101 Series Turboshaft and LTP101 Note: The P/N is stamped on the cylinder Series Turboprop Engines Authority: 49 U.S.C 106(g), 40113, 44701. barrel flange. (d) This AD supersedes AD 77–13–03 and § 39.13 [Amended] AGENCY: Federal Aviation AD 78–19–02. Administration, DOT. 2. Section 39.13 is amended by (e) When paragraph (a) is accomplished, restamp the engine data plate to indicate ACTION: Final rule. removing Amendment 39–2925 (42 FR magneto timing of 24° BTC. 31770, June 23, 1977), and Amendment (f) When paragraph (b) is accomplished, SUMMARY: This amendment adopts a 39–3301 (43 FR 41374, September 18, restamp the engine data plate to indicate new airworthiness directive (AD), 1978), and by adding a new magneto timing of 28° BTC. applicable to AlliedSignal, Inc.

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(formerly Textron Lycoming) LTS101 engines installed on aircraft of U.S. § 9.13 [Amended] series turboshaft and LTP101 series registry will be affected by this AD, that 2. Section 39.13 is amended by turboprop engines, that requires it will take approximately 25 work adding the following new airworthiness identifying, removing, and replacing hours per engine to accomplish the directive: certain defective power turbine rotors. required actions, and that the average This amendment is prompted by reports 96–12–05 AlliedSignal, Inc.: Amendment 39– labor rate is $60 per work hour. The 9647. Docket 95–ANE–16. of workmanship deficiencies on certain manufacturer has advised the FAA that power turbine rotors that can reduce the Applicability: AlliedSignal, Inc. (formerly all required hardware will be provided Textron Lycoming) LTS101 series turboshaft published life limit of the disk. The at no cost to the operators. Based on engines installed on, but not limited to, the actions specified by this AD are these figures, the total cost impact of the Eurocopter AS350 and SA366G1, intended to prevent power turbine rotor AD on U.S. operators is estimated to be Messerschmitt-Bolkow-Blohm/Kawasaki failure, which could result in loss of $645,000. MBB–BK117 and the Bell Helicopter Textron engine power. 222 aircraft, and LTP101 series turboprop DATES: Effective August 12, 1996. The regulations adopted herein will engines, installed on but not limited to, the The incorporation by reference of not have substantial direct effects on the Piaggio P166DL and Airtractor AT302 certain publications listed in the States, on the relationship between the aircraft. regulations is approved by the Director national government and the States, or Note: This airworthiness directive (AD) of the Federal Register as of August 12, on the distribution of power and applies to each engine identified in the responsibilities among the various preceding applicability provision, regardless 1996. of whether it has been modified, altered, or ADDRESSES: The service information levels of government. Therefore, in repaired in the area subject to the referenced in this AD may be obtained accordance with Executive Order 12612, requirements of this AD. For engines that from AlliedSignal Engines, 111 South it is determined that this final rule does have been modified, altered, or repaired so 34th Street, Phoenix, AZ 85072; not have sufficient federalism that the performance of the requirements of telephone (602) 365–2493, fax (602) implications to warrant the preparation this AD is affected, the owner/operator must 365–2210. This information may be of a Federalism Assessment. use the authority provided in paragraph (c) examined at the Federal Aviation to request approval from the Federal Aviation For the reasons discussed above, I Administration (FAA). This approval may Administration (FAA), New England certify that this action (1) is not a address either no action, if the current Region, Office of the Assistant Chief ‘‘significant regulatory action’’ under configuration eliminates the unsafe Counsel, 12 New England Executive Executive Order 12866; (2) is not a condition, or different actions necessary to Park, Burlington, MA; or at the Office of address the unsafe condition described in ‘‘significant rule’’ under DOT the Federal Register, 800 North Capitol this AD. Such a request should include an Street, NW., suite 700, Washington, DC. Regulatory Policies and Procedures (44 assessment of the effect of the changed FR 11034, February 26, 1979); and (3) FOR FURTHER INFORMATION CONTACT: configuration on the unsafe condition Dave Keenan, Aerospace Engineer, will not have a significant economic addressed by this AD. In no case does the presence of any modification, alteration, or Engine Certification Office, FAA, Engine impact, positive or negative, on a substantial number of small entities repair remove any engine from the and Propeller Directorate, 12 New applicability of this AD. England Executive Park, Burlington, MA under the criteria of the Regulatory Flexibility Act. A final evaluation has Compliance: Required as indicated, unless 01803–5299; telephone (617) 238–7139, accomplished previously. fax (617) 238–7199. been prepared for this action and it is To prevent power turbine rotor failure, SUPPLEMENTARY INFORMATION: A contained in the Rules Docket. A copy which could result in loss of engine power, proposal to amend part 39 of the Federal of it may be obtained from the Rules accomplish the following: Aviation Regulations (14 CFR part 39) to Docket at the location provided under (a) For all LTS101 series turboshaft engines include an airworthiness directive (AD) the caption ADDRESSES. except the LTS101–750B2 model, and all that is applicable to AlliedSignal, Inc. LTP101 series turboprop engines, remove List of Subjects in 14 CFR Part 39 and replace power turbine rotors identified (formerly Textron Lycoming) LTS101 in Table 1 of Textron Lycoming Service series turboshaft and LTP101 series Air transportation, Aircraft, Aviation Bulletin (SB) No. LT101–72–50–0144, dated turboprop engines was published in the safety, Incorporation by reference, January 15, 1993, in accordance with the Federal Register on October 16, 1995 Safety. accomplishment procedures in Textron (60 FR 53548). That action proposed to Lycoming SB No. LT101–72–50–0144, dated require identifying, removing, and Adoption of the Amendment January 15, 1993, and the following schedule: replacing certain defective power (1) For power turbine rotors with more Accordingly, pursuant to the turbine rotors in accordance with than 1,000 hours time since new (TSN) on authority delegated to me by the the effective date of this AD, remove and Textron Lycoming Service Bulletins Administrator, the Federal Aviation replace within the next 50 hours time in (SB’s) No. LT101–72–50–0144, dated service (TIS), not to exceed 1,800 cycles since January 15, 1993, and No. LT101–72– Administration amends part 39 of the Federal Aviation Regulations (14 CFR new (CSN). 50–0145, dated November 27, 1991. (2) For power turbine rotors with 1,000 Interested persons have been afforded part 39) as follows: hours TSN or less, but more than 800 hours an opportunity to participate in the TSN on the effective date of this AD, remove making of this amendment. No PART 39ÐAIRWORTHINESS and replace within the next 100 hours TIS, comments were received on the DIRECTIVES not to exceed 1,800 CSN. proposal or the FAA’s determination of (3) For power turbine rotors with 800 hours the cost to the public. The FAA has 1. The authority citation for part 39 TSN or less, but more than 400 hours TSN continues to read as follows: on the effective date of this AD, remove and determined that air safety and the replace within the next 150 hours TIS, not to public interest require the adoption of Authority: 49 U.S.C. 106(g), 40113, 44701. exceed 1,800 CSN. the rule as proposed. (4) For power turbine rotors with 400 hours There are approximately 645 engines TSN or less on the effective date of this AD, of the affected design in the worldwide remove and replace no later than 600 hours fleet. The FAA estimates that 430 TSN, not to exceed 1,800 CSN.

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(b) For all LTS101–750B2 model engines, provides an acceptable level of safety may be if any, may be obtained from the Engine remove and replace power turbine rotors, in used if approved by the Manager, Engine Certification Office. accordance with the accomplishment Certification Office. The request should be (d) Special flight permits may be issued in procedures of Textron Lycoming SB No. forwarded through an appropriate FAA accordance with sections 21.197 and 21.199 LT101–72–50–0145 dated November 27, Principal Maintenance Inspector, who may of the Federal Aviation Regulations (14 CFR 1991, within the next 100 hours TIS after the add comments and then send it to the 21.197 and 21.199) to operate the aircraft to effective date of this AD, or 800 hours TSN Manager, Engine Certification Office. a location where the requirements of this AD on the power turbine rotor, whichever occurs can be accomplished. first. Note: Information concerning the existence (e) The actions required by this AD shall (c) An alternative method of compliance or of approved alternative methods of be done in accordance with the following adjustment of the compliance time that compliance with this airworthiness directive, Textron Lycoming SB’s:

Document No. Pages Revision Date

LT101±72±50±0144 ...... 1±9 Original Jan. 15, 1993. Total Pages: 9. LT101±72±50±0145 ...... 1±3 Original Nov. 27, 1991. Total Pages: 3.

This incorporation by reference was riveted impulse coupling assemblies equipped with impulse couplings. That approved by the Director of the Federal with serviceable riveted impulse action was prompted by reports of Register in accordance with 5 U.S.C. 552(a) couplings or snap ring impulse numerous magneto failures. That and 1 CFR part 51. Copies may be obtained couplings. This amendment is prompted condition, if not corrected, could result from AlliedSignal Engines, 111 South 34th in magneto failure and subsequent Street, Phoenix, AZ 85072; telephone (602) by the availability of an improved 365–2493, fax (602) 365–2210. Copies may be design for the impulse coupling engine failure. inspected at the FAA, New England Region, assembly. The actions specified by this A proposal to amend part 39 of the Office of the Assistant Chief Counsel, 12 New AD are intended to prevent magneto Federal Aviation Regulations was England Executive Park, Burlington, MA; or failure and subsequent engine failure. published as a notice of proposed at the Office of the Federal Register, 800 DATES: Effective July 18, 1996. rulemaking (NPRM) in the Federal North Capitol Street NW., suite 700, The incorporation by reference of Register on September 21, 1993 (58 FR Washington, DC. certain publications listed in the 48987). That NPRM would have (f) This amendment becomes effective on retained the repetitive inspections for August 12, 1996. regulations is approved by the Director of the Federal Register as of July 18, wear required by the current AD, but Issued in Burlington, Massachusetts, on 1996. would have also required replacement, May 29, 1996. if necessary, of the riveted impulse ADDRESSES: Robert E. Guyotte, The service information coupling assembly with newly Acting Manager, Engine and Propeller referenced in this AD may be obtained designed, improved, snap ring impulse Directorate, Aircraft Certification Service. from Teledyne Continental Motors, P.O. coupling assemblies. In addition, the [FR Doc. 96–14868 Filed 6–12–96; 8:45 am] Box 90, Mobile, AL 36601; telephone proposed AD would have required (334) 438–3411. This information may BILLING CODE 4910±13±U marking the magneto data plate to be examined at the Federal Aviation indicate installation of a snap ring Administration (FAA), New England impulse coupling assembly. Installation 14 CFR Part 39 Region, Office of the Assistant Chief of snap ring impulse coupling Counsel, 12 New England Executive assemblies would have constituted [Docket No. 93±ANE±07; Amendment 39± Park, Burlington, MA 01803–5299; or at 9649; AD 96±12±07] terminating action to the inspection the Office of the Federal Register, 800 requirements of this AD. That NPRM RIN 2120±AA64 North Capitol Street, NW., suite 700, was prompted by the manufacturer Washington, DC. redesigning the impulse coupling Airworthiness Directives; Teledyne FOR FURTHER INFORMATION CONTACT: Jerry Continental Motors (formerly Bendix) assembly to include snap ring fastening Robinette, Aerospace Engineer, Atlanta technology which strengthens the cam S±20, S±1200, D±2000, and D±3000 Certification Office, FAA, Small Series Magnetos axle and reduces wear. The snap ring Airplane Directorate, Campus Building, impulse coupling assembly was AGENCY: Federal Aviation 1701 Columbia Avenue, Suite 2–160, believed not to have the failure mode of Administration, DOT. College Park, GA, 30337–2748; the previous design. telephone (404) 305–7371, fax (404) ACTION: Final rule. Since the issuance of that NPRM, the 305–7348. FAA received reports of snap ring SUMMARY: This amendment supersedes SUPPLEMENTARY INFORMATION: On impulse coupling assemblies being an existing airworthiness directive (AD), January 4, 1983, the Federal Aviation worn beyond limits. The FAA applicable to Teledyne Continental Administration (FAA) issued determined that it was necessary to Motors (TCM) (formerly Bendix) S–20, airworthiness directive (AD) 78–09–07 reopen the proposal for public S–1200, D–2000, and D–3000 series R3, Amendment 39–4538 (48 FR 1482, comment, so a Supplemental NPRM was magnetos equipped with impulse January 13, 1983), to require inspections published in the Federal Register on couplings, that currently requires for wear, and replacement, if necessary, November 17, 1994 (59 FR 59391). That inspections for wear, and replacement, of the impulse coupling assemblies on Supplemental NPRM proposed to retain if necessary, of the impulse coupling certain Teledyne Continental Motors the 500 hour repetitive inspections for assemblies. This amendment requires (TCM) (formerly Bendix) S–20, S–1200, wear required by the current AD, but replacement, if necessary, of worn D–2000, and D–3000 series magnetos would require these inspections for

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Motors (TCM) (formerly Bendix) S–20, S– there has been no production of riveted 1200, D–2000, and D–3000 series magnetos impulse couplings since January 1992, The regulations adopted herein will equipped with impulse couplings, installed distributors still have some left as this not have substantial direct effects on the on but not limited to reciprocating engine was a common, relatively high use item. States, on the relationship between the powered aircraft manufactured by Beech, The FAA determined that it was national government and the States, or Cessna, Mooney, and Piper. necessary to reopen the proposal for on the distribution of power and Note 1: This airworthiness directive (AD) public comment, so a Supplemental responsibilities among the various applies to each magneto identified in the preceding applicability provision, regardless NPRM was published in the Federal levels of government. Therefore, in of whether it has been modified, altered, or Register on October 16, 1995 (60 FR accordance with Executive Order 12612, repaired in the area subject to the 53558). That Supplemental NPRM it is determined that this final rule does requirements of this AD. For magnetos that proposed to require replacement of not have sufficient federalism have been modified, altered, or repaired so worn impulse couplings with implications to warrant the preparation that the performance of the requirements of serviceable impulse couplings of either of a Federalism Assessment. this AD is affected, the owner/operator must riveted or snap ring design. use the authority provided in paragraph (c) Interested persons have been afforded For the reasons discussed above, I to request approval from the Federal Aviation an opportunity to participate in the certify that this action (1) is not a Administration (FAA). This approval may making of this amendment. No ‘‘significant regulatory action’’ under address either no action, if the current Executive Order 12866; (2) is not a configuration eliminates the unsafe comments were received since condition, or different actions necessary to publication of the last Supplemental ‘‘significant rule’’ under DOT address the unsafe condition described in NPRM. Regulatory Policies and Procedures (44 this AD. Such a request should include an Since the issuance of that FR 11034, February 26, 1979); and (3) assessment of the effect of the changed Supplemental NPRM, the manufacturer will not have a significant economic configuration on the unsafe condition has advised the FAA that the cost for impact, positive or negative, on a addressed by this AD. In no case does the replacement of the impulse coupling substantial number of small entities presence of any modification, alteration, or repair remove any magneto from the assembly has increased from $125 to under the criteria of the Regulatory $140. The economic analysis of this applicability of this AD. Flexibility Act. A final evaluation has Note 2: The FAA has received reports of final rule has been revised accordingly. been prepared for this action and it is After careful review of the available some confusion as to what is meant by S–20, contained in the Rules Docket. A copy data, the FAA has determined that air S–1200, D–2000, and D–3000 series magnetos of it may be obtained from the Rules as referenced in TCM Mandatory Service safety and the public interest require the Bulletin (MSB) No. MSB645, dated April 4, adoption of the rule with the changes Docket at the location provided under the caption ADDRESSES. 1994, and this airworthiness directive (AD). described previously. The FAA has A typical example is S6RN–25, where the S determined that these changes will not List of Subjects in 14 CFR Part 39 designates single type ignition unit (a D increase the scope of the AD. designates a dual ignition unit), the 6 The FAA estimates that 130,000 Air Transportation, Aircraft, Aviation designates the number of cylinders, the R magnetos installed on aircraft of U.S. safety, Incorporation by reference, designates right hand rotation, the N is the registry will be affected by this AD, that Safety. manufacturer designation (this did not it will take approximately 1 work hour, change when TCM purchased the Bendix plus 1 work hour to change the impulse Adoption of the Amendment magneto product line), and the number after the dash indicates the series (a –25 is a S– coupling, and that the average labor rate Accordingly, pursuant to the 20 series magneto while a –3200 is a D–3000 is $60 per work hour. The average authority delegated to me by the series magneto, etc.). utilization of the fleet of these airplanes Compliance: Required as indicated, unless is estimated to be evenly divided Administrator, the Federal Aviation Administration amends part 39 of the accomplished previously. between commercial/commuter service To prevent magneto failure and subsequent and private owners. The commercial/ Federal Aviation Regulations (14 CFR engine failure, accomplish the following: commuter service population is part 39) as follows: (a) For magnetos with riveted or snap ring estimated to operate 500 hours time in impulse coupling assemblies, having less PART 39ÐAIRWORTHINESS service (TIS) per year; therefore the cost than 450 hours time in service (TIS) since to perform the inspections required by DIRECTIVES new, or overhaul, or since last inspection, on the effective date of this AD, accomplish the the AD will be approximately 1. The authority citation for part 39 following: $3,900,000 per year. The FAA estimates continues to read as follows: (1) Prior to the accumulation of 500 hours that private owners operate their aircraft TIS since new, or overhaul, or since last between 50 and 100 hours TIS per year; Authority: 49 U.S.C. 106(g), 40113, 44701. inspection, inspect riveted or snap ring therefore it will take approximately 5 to impulse coupling assemblies for wear, and 10 years to reach 500 hours time in § 39.13 [Amended] replace, if necessary, prior to further flight, with serviceable riveted or snap ring impulse service. The estimated cost for these 2. Section 39.13 is amended by owners will also be $3,900,000 spread coupling assemblies, in accordance with the removing Amendment 39–4538 (48 FR Detailed Instructions of TCM MSB No. over a time period of 5 to 10 years or 1482, January 13, 1983) and by adding MSB645, dated April 4, 1994, and TCM SB 780,000 per year for 5 years or $390,000 a new airworthiness directive, No. 639, dated March 1993. for 10 years. The cost to replace the (2) Thereafter, at intervals not to exceed impulse coupling assembly is $140 per 500 hours TIS since the last inspection,

VerDate 29-MAY-96 20:21 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\P13JN0.PT1 13jnr1 29936 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations inspect riveted or snap ring impulse wear, and replace, if necessary, prior to Aircraft Certification Office. The request coupling assemblies for wear, and further flight, with serviceable riveted or should be forwarded through an appropriate replace, if necessary, prior to further snap ring impulse coupling assemblies in FAA Maintenance Inspector, who may add flight, with serviceable riveted or snap accordance with the Detailed Instructions of comments and then send it to the Manager, TCM MSB No. MSB645, dated April 4, 1994, Atlanta Aircraft Certification Office. ring impulse coupling assemblies, in and TCM SB No. 639, dated March 1993. accordance with the Detailed Note: Information concerning the existence (2) Thereafter, at intervals not to exceed of approved alternative methods of Instructions of TCM MSB No. MSB645, 500 hours TIS since the last inspection, compliance with this airworthiness directive, inspect riveted or snap ring impulse coupling dated April 4, 1994, and TCM SB No. if any, may be obtained from the Atlanta assemblies for wear, and replace, if 639, dated March 1993. Aircraft Certification Office. (b) For magnetos with riveted or snap ring necessary, prior to further flight, with (d) Special flight permits may be issued in impulse coupling assemblies, having 450 or serviceable riveted or snap ring impulse coupling assemblies, in accordance with the accordance with sections 21.197 and 21.199 more hours TIS since new, or overhaul, or Detailed Instruction of TCM MSB No. of the Federal Aviation Regulations (14 CFR since last inspection, on the effective date of MSB645, dated April 4, 1994, and TCM SB 21.197 and 21.199) to operate the aircraft to this AD, or an unknown TIS on the effective No. 639, dated March 1993. a location where the requirements of this AD date of this AD, accomplish the following: (c) An alternative method of compliance or can be accomplished. (1) Within the next 50 hours TIS after the adjustment of the compliance time that (e) The actions required by this AD shall effective date of this AD, inspect riveted or provides an acceptable level of safety may be be done in accordance with the following snap ring impulse coupling assemblies for used if approved by the Manager, Atlanta TCM service documents:

Document No. Pages Revision Date

MSB No. MSB645 ...... 1±6 Original .... Apr. 4, 1994. Total Pages: 6 SB No. 639 ...... 1±2 Original .... Mar. 1993. Total Pages: 2

This incorporation by reference was airspace to contain instrument flight Datum 83. Class E airspace designations approved by the Director of the Federal rule (IFR) operations for aircraft for airspace areas extending upward Register in accordance with 5 U.S.C. 552(a) executing the GPS SIAP to RWY 02 at from 700 feet or more AGL are and 1 CFR part 51. Copies may be obtained Las Vegas Municipal Airport, Las Vegas, from Teledyne Continental Motors, P.O. Box published in Paragraph 6005 of FAA 90, Mobile, AL 36601; telephone (334) 438– NM. Order 7400.9C dated August 17, 1995, 3411. Copies may be inspected at the FAA, EFFECTIVE DATE: 0901 UTC, August 15, and effective September 16, 1995, which New England Region, Office of the Assistant 1996. is incorporated by reference in 14 CFR Chief Counsel, 12 New England Executive FOR FURTHER INFORMATION CONTACT: 71.1. The Class E airspace designation Park, Burlington, MA; or at the Office of the Donald J. Day, Operations Branch, Air listed in this document will be Federal Register, 800 North Capitol Street, Traffic Division, Southwest Region, published subsequently in the Order. NW., suite 700, Washington, DC. Federal Aviation Administration, Fort (f) This amendment becomes effective on The Rule July 18, 1996. Worth, TX 76193–0530, telephone 817– Issued in Burlington, Massachusetts, on 222–5593. This amendment to part 71 of the May 29, 1996. SUPPLEMENTARY INFORMATION: Federal Aviation Regulations (14 CFR part 71) revises the Class E airspace Robert E. Guyotte, History Acting Manager, Engine and Propeller located at Las Vegas, NM, to provide Directorate, Aircraft Certification Service. On January 31, 1996, a proposal to controlled airspace extending upward [FR Doc. 96–14869 Filed 6–12–96; 8:45 am] amend part 71 of the Federal Aviation from 700 feet AGL for aircraft executing Regulations (14 CFR part 71) to revise BILLING CODE 4910±13±U the GPS SIAP to RWY 02 at Las Vegas the Class E airspace at Las Vegas, NM, Municipal Airport. was published in the Federal Register The FAA has determined that this 14 CFR Part 71 (61 FR 3349). A GPS SIAP to RWY 02 developed for Las Vegas Municipal regulation only involves an established [Airspace Docket No. 95±ASW±31] Airport, Las Vegas, NM, requires the body of technical regulations that need revision of Class E airspace at this frequent and routine amendments to Revision of Class E Airspace; Las airport. The proposal was to establish keep them operationally current. It, Vegas, NM controlled airspace extending upward therefore—(1) is not a ‘‘significant AGENCY: Federal Aviation from 700 feet AGL to contain IFR regulatory action’’ under Executive Administration (FAA), DOT. operations in controlled airspace during Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies ACTION: Final rule. portions of the terminal operation and while transitioning between the enroute and Procedures (44 FR 11034; February SUMMARY: This action revises the Class and terminal environments. 26, 1979); and (3) does not warrant E airspace extending upward from 700 Interested parties were invited to preparation of a regulatory evaluation as feet above ground level (AGL) at Las participate in this rulemaking the anticipated impact is so minimal. Vegas, NM. The development of a proceeding by submitting written Since this is a routine matter that will Global Positioning System (GPS) comments on the proposal to the FAA. only affect air traffic procedures and air standard instrument approach No comments to the proposal were navigation, it is certified that this rule procedure (SIAP) to Runway (RWY) 02 received. The rule is adopted as will not have a significant economic at Las Vegas Municipal Airport has proposed. impact on a substantial number of small made this action necessary. This action The coordinates for this airspace entities under the criteria of the is intended to provide adequate Class E docket are based on North American Regulatory Flexibility Act.

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List of Subjects in 14 CFR Part 71 Marathon Nondirectional Beacon (NDB), List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, FL. The establishment of B–9 will Airspace, Incorporation by reference, Navigation (air). enhance the management of air traffic Navigation (air). and accommodate the users of that Adoption of the Amendment airspace. Adoption of the Amendment In consideration of the foregoing, the EFFECTIVE DATE: August 15, 1996. In consideration of the foregoing, the Federal Aviation Administration Federal Aviation Administration amends 14 CFR part 71 as follows: FOR FURTHER INFORMATION CONTACT: amends 14 CFR part 71, as follows: Patricia P. Crawford, Airspace and Rules PART 71Ð[AMENDED] Division, ATA–400, Office of Air Traffic PART 71Ð[AMENDED] Airspace Management, Federal Aviation 1. The authority citation for 14 CFR 1. The authority citation for part 71 Administration, 800 Independence part 71 continues to read as follows: continues to read as follows: Avenue, SW., Washington, DC 20591; Authority: 49 U.S.C. 40103, 40113, 40120; telephone: (202) 267–8783. Authority: 49 U.S.C. 106(g), 40103, 40113, E.O. 10854; 24 FR 9565, 3 CFR, 1959–1963 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Comp., p. 389; 49 U.S.C. 106(g); 14 CFR SUPPLEMENTARY INFORMATION: 1963 Comp., p. 389; 14 CFR 11.69. 11.69. History § 71.1 [Amended] § 71.1 [Amended] 2. The incorporation by reference in 2. The incorporation by reference in On February 6, 1996, the FAA 14 CFR 71.1 of the Federal Aviation 14 CFR 71.1 of the Federal Aviation proposed to amend Title 14 of the Code Administration Order 7400.9C, Airspace Administration Order 7400.9C, Airspace of Regulations part 71 (14 CFR part 71) Designations and Reporting Points, Designations and Reporting Points, to establish a Colored Federal Airway, dated August 17, 1995, and effective dated August 17, 1995, and effective B–9, in Florida (61 FR 04380). Interested September 16, 1995, is amended as September 16, 1995, is amended as parties were invited by the FAA to follows: follows: participate in this rulemaking effort by Paragraph 6005: Class E Airspace areas submitting written comments on the Paragraph 6009(b)—Blue Federal Airways extending upward from 700 feet or more proposal. Except for editorial changes, * * * * * above the surface of the earth. this amendment is the same as proposed B–9 [New] * * * * * in the notice. Colored Federal airways ° are published in paragraph 6009(d) of From INT Pahokee, FL, 211 and Fort Myers, ASW NM E5 Las Vegas, NM [Revised] FL, 138° radials; Marathon, FL. FAA Order 7400.9C dated August 17, Las Vegas Municipal Airport, NM 1995, and 95–ASO–20 2 effective * * * * * ° ′ ′′ ° ′ ′′ Issued in Washington, DC, on June 4, 1996. (Lat. 35 39 15 N., long. 105 08 33 W.) September 16, 1995, which is Las Vegas VORTAC Harold W. Becker, ° ′ ′′ ° ′ ′′ incorporated by reference in 14 CFR (Lat. 35 39 27 N., long. 105 08 08 W.) 71.1. The Colored Federal airway listed Acting Program Director for Air Traffic That airspace extending upward from 700 in this document will be published Airspace Management. feet above the surface within a 6.7-mile [FR Doc. 96–15063 Filed 6–12–96; 8:45 am] radius of Las Vegas Municipal Airport and subsequently in the Order. within 2.6 miles each side of the 025° radial BILLING CODE 4910±13±P of the Las Vegas VORTAC extending from the The Rule 6.7-mile radius to 8.4 miles northeast of the This amendment to 14 CFR part 71 airport and within 2.4 miles each side of the 14 CFR Part 71 220° radial of the Las Vegas VORTAC establishes a new Colored Federal [Airspace Docket No. 95±ANE±35] extending from the 6.7-mile radius to 7.5 Airway, B–9, from the DEEDS miles southwest of the airport and within 1.6 Intersection to the Marathon NDB, FL. Alteration of V±99, V±451 and J±62 miles each side of the 215° bearing from the This action will enhance the airport extending from the 6.7-mile radius to management of air traffic and AGENCY: Federal Aviation 8.2 miles southwest of the airport. accommodate the users of that airspace. Administration (FAA), DOT. * * * * * The FAA has determined that this ACTION: Final rule. Issued in Fort Worth, TX, on May 15, 1996. regulation only involves an established Albert L. Viselli, body of technical regulations for which SUMMARY: This rule alters Federal Acting Manager, Air Traffic Division, frequent and routine amendments are Airways V–99, V–451, and Jet Route 62 Southwest Region. necessary to keep them operationally (J–62) in the states of Massachusetts and [FR Doc. 96–13942 Filed 6–12–96; 8:45 am] current. It, therefore—(1) is not a Connecticut. Specific portions of both BILLING CODE 4910±13±M ‘‘significant regulatory action’’ under airways and the jet route, in the above Executive Order 12866; (2) is not a mentioned states, are no longer ‘‘significant rule’’ under DOT necessary for navigation and are being 14 CFR Part 71 Regulatory Policies and Procedures (44 revoked. Removing these obsolete [Airspace Docket No. 95±ASO±20] FR 11034; February 26, 1979); and (3) segments will eliminate clutter on does not warrant preparation of a aeronautical charts. Establishment of Federal Colored regulatory evaluation as the anticipated EFFECTIVE DATE: 0901 UTC, August 15, Airway B±9; FL impact is so minimal. Since this is a 1996. AGENCY: Federal Aviation routine matter that will only affect air FOR FURTHER INFORMATION CONTACT: Administration (FAA), DOT. traffic procedures and air navigation, it Patricia P. Crawford, Airspace and Rules ACTION: Final rule. is certified that this rule will not have Division, ATA–400, Office of Air Traffic a significant economic impact on a Airspace Management, Federal Aviation SUMMARY: This rule establishes a substantial number of small entities Administration, 800 Independence Colored Federal Airway, Blue–9 (B–9), under the criteria of the Regulatory Avenue, SW., Washington, DC 20591; from the DEEDS Intersection to the Flexibility Act. telephone: (202) 267–8783.

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SUPPLEMENTARY INFORMATION: Adoption of the Amendment to enhance traffic flows and reduce controllers’ workload. History In consideration of the foregoing, the Federal Aviation Administration EFFECTIVE DATE: 0901 UTC, August 15, On December 21, 1995, the FAA amends 14 CFR part 71 as follows: 1996. proposed to amend Title 14 of the Code FOR FURTHER INFORMATION CONTACT: of Federal Regulations part 71 (14 CFR PART 71Ð[AMENDED] Bill Nelson, Airspace and Rules part 71) to alter V–99, V–451, and J–62 Division ATA–400, Office of Air Traffic 1. The authority citation for part 71 Airspace Management, Federal Aviation (60 FR 66181). Interested parties were continues to read as follows: invited to participate in this rulemaking Administration, 800 Independence proceeding by submitting written Authority: 49 U.S.C. 106(g), 40103, 40113, Avenue, SW., Washington, DC 20591; 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– telephone: (202) 267–8783. comments on the proposal to the FAA. 1963 Comp., p. 389; 14 CFR 11.69. No comments objecting to the proposal SUPPLEMENTARY INFORMATION: were received. Except for editorial § 71.1 [Amended] History changes, this amendment is the same as 2. The incorporation by reference in that proposed in the notice. Jet Routes 14 CFR 71.1 of the Federal Aviation On June 9, 1993, the FAA proposed to and Domestic Very High Frequency Administration Order 7400.9C, Airspace amend Title 14 of the Code of Federal Omnidirectional Range (VOR) Federal Designations and Reporting Points, Regulations part 71 (14 CFR part 71) to airways are published in paragraphs dated August 17, 1995, and effective alter J–86 and J–92 (58 FR 32313). 2004 and 6010(a), respectively, of FAA September 16, 1995, is amended as Interested parties were invited to Order 7400.9C dated August 17, 1995, follows: participate in this rulemaking proceeding by submitting written and effective September 16, 1995, which Paragraph 2004—Jet Routes comments on the proposal to the FAA. is incorporated by reference in 14 CFR * * * * * No comments objecting to the proposal 71.1. The jet route and airways listed in J–62 [Revised] were received. Except for editorial this document will be published changes, this amendment is the same as From Robbinsville, NJ; to Nantucket, MA. subsequently in the Order. that proposed in the notice. Jet Routes * * * * * The Rule are published in paragraph 2004 of FAA Paragraph 6010(a)—Domestic VOR Federal Order 7400.9C dated August 17, 1995, This amendment to 14 CFR part 71 Airways and effective September 16, 1995, which alters V–99, V–451, and J–62. Specific * * * * * is incorporated by reference in 14 CFR portions of both the airways and the jet 71.1. The jet routes listed in this route are no longer necessary for V–99 [Revised] document will be published ° navigation and are being revoked. The From LaGuardia, NY, via INT LaGuardia 043 subsequently in the Order. and Hartford, CT, 245° radials; Hartford. airspace designation for V–99 will be The Rule revoked between Hartford, CT, and the * * * * * This amendment to 14 CFR part 71 GRAYM intersection; V–451 will be V–451 [Revised] extends J–86 from the Boulder City, NV, revoked between Groton, CT, and the From LaGuardia, NY; INT LaGuardia 063° SEEDY intersection; and J–62 will be ° VORTAC to the Beatty, NV, VORTAC. and Hampton, NY, 289 radials; INT Extending J–86 will enable air traffic revoked east of the Nantucket, CT, VOR. Hampton 289° and Calverton, NY, 044° controllers to provide pilots with an Removing these obsolete segments will radials; INT Calverton 044° and Groton, CT, 243° radials; Groton. alternate route from the Boulder City eliminate clutter on aeronautical charts. VORTAC to the Beatty VORTAC during The FAA has determined that this * * * * * Issued in Washington, DC, on June 5, 1996. the times Restricted Area 4808S is in regulation only involves an established use. This action also realigns J–92 direct Harold W. Becker, body of technical regulations for which from the Boulder City VORTAC to the frequent and routine amendments are Acting Program Director for Air Traffic Beatty VORTAC, providing a route that Airspace Management. necessary to keep them operationally is normally requested by pilots. This [FR Doc. 96–15061 Filed 6–12–96; 8:45 am] current. It, therefore—(1) is not a action will enhance the traffic flow and ‘‘significant regulatory action’’ under BILLING CODE 4910±13±M reduce the controllers’ workload. Executive Order 12866; (2) is not a The FAA has determined that this regulation only involves an established ‘‘significant rule’’ under DOT 14 CFR Part 71 Regulatory Policies and Procedures (44 body of technical regulations for which frequent and routine amendments are FR 11034; February 26, 1979); and (3) [Airspace Docket No. 93±AWP±4] does not warrant preparation of a necessary to keep them operationally regulatory evaluation as the anticipated Alteration of Jet Routes J±86 and J±92 current. It, therefore—(1) is not a ‘‘significant regulatory action’’ under impact is so minimal. Since this is a AGENCY: Executive Order 12866; (2) is not a routine matter that will only affect air Federal Aviation Administration (FAA), DOT. ‘‘significant rule’’ under DOT traffic procedures and air navigation, it ACTION: Final rule. Regulatory Policies and Procedures (44 is certified that this rule will not have FR 11034; February 26, 1979); and (3) a significant economic impact on a SUMMARY: This rule extends Jet Route 86 does not warrant preparation of a substantial number of small entities (J–86) from the Boulder City, NV, Very regulatory evaluation as the anticipated under the criteria of the Regulatory High Frequency Omnidirectional Range/ impact is so minimal. Since this is a Flexibility Act. Tactical Air Navigation (VORTAC) to routine matter that will only affect air List of Subjects in 14 CFR Part 71 the Beatty, NV, VORTAC. This action traffic procedures and air navigation, it also realigns J–92 direct from the is certified that this rule will not have Airspace, Incorporation by reference, Boulder City VORTAC to the Beattty a significant economic impact on a Navigation (air). VORTAC. The FAA is taking this action substantial number of small entities

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EFFECTIVE DATE: September 11, 1996. comparability, and the addition of the Adoption of the Amendment FOR FURTHER INFORMATION CONTACT: ‘‘front-loading’’ and ‘‘top-loading’’ sub- James Mills, Attorney, Division of categories to the ‘‘standard’’ and In consideration of the foregoing, the Enforcement, Federal Trade ‘‘compact’’ categories. Federal Aviation Administration Commission, Washington, DC 20580 amends 14 CFR part 71 as follows: Section 305.8(b) of the Rule requires (202–326–3035). manufacturers, after filing an initial PART 71Ð[AMENDED] SUPPLEMENTARY INFORMATION: Section report, to report annually by specified 324 of the Energy Policy and dates for each product type.8 These 1. The authority citation for part 71 Conservation Act of 1975 reports, which are to assist the continues to read as follows: 1 (‘‘EPCA’’) requires the Federal Trade Commission in preparing the ranges of Authority: 49 U.S.C. 106(g), 40103, 40113, Commission (‘‘Commission’’) to comparability, contain the estimated 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– consider labeling rules for the annual energy consumption or energy 1963 Comp., p. 389; 14 CFR 11.69. disclosure of estimated annual energy efficiency ratings for the appliances § 71.1 [Amended] cost or alternative energy consumption derived from tests performed pursuant information for at least thirteen 2. The incorporation by reference in to the DOE test procedures. Because categories of appliances. Clothes 14 CFR 71.1 of the Federal Aviation manufacturers regularly add new washers are included in those Administration Order 7400.9C, Airspace models to their lines, improve existing categories. The statute also requires the Designations and Reporting Points, models, and drop others, the data base Department of Energy (‘‘DOE’’) to from which the ranges of comparability dated August 17, 1995, and effective develop test procedures that measure are calculated is constantly changing. September 16, 1995, is amended as how much energy the appliances use. In To keep the required information follows: addition, DOE is required to determine consistent with these changes, under Paragraph 2004—Jet Routes the representative average cost a Section 305.10 of the Rule of consumer pays for the different types of * * * * * Commission will publish new ranges energy available. J–86 [Revised] On November 19, 1979, the (but not more often than annually) if an From Beatty, NV; INT Beatty 131° and Commission issued a final rule covering analysis of the new information ° Boulder City, NV, 284 radials; Boulder City; seven of the thirteen appliance indicates that the upper or lower limits Peach Springs, AZ; Winslow, AZ; El Paso, categories that were then covered by of the ranges have changed by more TX; Fort Stockton, TX; Junction, TX; Austin, than 15%. Otherwise, the Commission TX; Humble, TX; Leeville, LA; INT Leeville DOE test procedures: refrigerators and ° ° refrigerator-freezers, freezers, will publish a statement that the prior 104 and Sarasota, FL, 286 radials; Sarasota; ranges remain in effect for the next year. INT Sarasota 103° and La Belle, FL, 313° dishwashers, water heaters, clothes radials; La Belle; to Miami, FL. washers, room air conditioners and The annual submissions of data for * * * * * furnaces (this category includes clothes washers have been made and boilers).2 The Commission has extended have been analyzed by the Commission. J–92 [Revised] the coverage of the Appliance Labeling The Commission has found a significant From Klamath Falls, OR; via Mustang, NV, Rule (’’Rule’’) four times since it number of the upper and lower limits of Coaldale, NV; Beatty, NV; Boulder City, NV; originally issued the Rule: in 1987 the ranges have changed by more than Drake, AZ; Phoenix, AZ; Stanfield, AZ; INT (central air conditioners, heat pumps, of Stanfield 145° and Tucson, AZ, 300° 15%. Accordingly, the Commission is radials; Tucson; to the INT of Tucson 182° and pulse combustion and condensing publishing new ranges of comparability 3 radial and the United States/Mexican Border. furnaces); 1989 (fluorescent lamp for the clothes washer category. These ballasts); 4 1993 (certain plumbing ranges will supersede the current ranges * * * * * 5 Issued in Washington, DC, on June 5, 1996. products ), and 1994 (certain lighting for clothes washers, which were products 6). On July 1, 1994, the 9 Harold W. Becker, published on May 25, 1995. Commission amended the Rule to make In consideration of the foregoing, the Acting Program Director for Air Traffic certain improvements, including Airspace Management. Commission revises Appendix F of its making the label format more ‘‘user- Appliance Labeling Rule by publishing [FR Doc. 96–15062 Filed 6–12–96; 8:45 am] friendly,’’ changing the energy usage the following ranges of comparability BILLING CODE 4910±13±M descriptors required on labels, and for use in required disclosures adopting new product sub-categories for (including labeling) for clothes washers ranges of comparability purposes.7 In manufactured on or after September 11, FEDERAL TRADE COMMISSION addition to the new format, which 1996. In addition, as of this effective applies to labels for all products, the 16 CFR Part 305 date, the disclosures of estimated annual operating cost required at the Rule Concerning Disclosures 1 42 U.S.C. 6294 2 44 FR 66466, 16 CFR Part 305 (Nov. 19, 1979). bottom of the EnergyGuide for clothes Regarding Energy Consumption and The Statement of Basis and Purpose for the final washers must be based on the 1996 Water use of Certain Home Appliances Rule describes the reasons the Commission Representative Average Unit Costs of and Other Products Required Under determined not to cover the other categories of Energy for electricity (8.6 cents per the Energy Policy and Conservation covered products. Id. at 66467–69. 3 kilowatt-hour) and natural gas (62.6 Act (``Appliance Labeling Rule'') 52 FR 46888 (Dec. 10, 1987). 4 54 FR 28031 (July 5, 1989). cents per therm) that were published by AGENCY: Federal Trade Commission. 5 58 FR 54955 (Oct. 25, 1993). 6 8 ACTION: Final rule. 59 FR 25176 (May 13, 1994). Reports for clothes washers are due March 1. 7 59 FR 34014. 9 60 FR 27690.

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DOE on January 19, 1996,10 and by the regarding release of passport Dated: May 20, 1996. Commission on February 14, 1996.11 information. Mary A. Ryan, Assistant Secretary of State for Consular List of Subjects of 16 CFR Part 305 EFFECTIVE DATE: June 13, 1996. Affairs. Advertising, Energy conservation, FOR FURTHER INFORMATION CONTACT: [FR Doc. 96–14825 Filed 6–12–96; 8:45 am] Household appliances, Labeling, Willaim B. Wharton, Director, Office of BILLING CODE 4710±06±M Reporting and recordkeeping requirements. Passport Policy and Advisory Services, telephone (202) 955–0231. Accordingly, 16 CFR Part 305 is 22 CFR Parts 81, 82, 83, 84, 85, 86, 87, amended as follows: SUPPLEMENTARY INFORMATION: Present and 88 regulations provide for the release of [Public Notice 2406] PART 305Ð[AMENDED] passport information in accordance with 1. The authority citation for Part 305 the provisions of the Privacy Act, the Shipping and Seamen continues to read as follows: Freedom of Information Act and applicable provisions of 22 CFR Part AGENCY: Bureau of Consular Affairs, Authority: 42 U.S.C. 6294. 171 and Part 172. This rule is not State. 2. Appendix F to Part 305 is revised expected to have significant impact on ACTION: Final rule. to read as follows: a substantial number of small entities SUMMARY: As part of the President’s Appendix F to Part 305—Clothes under the criteria of the Regulatory Regulatory Reinvention Initiative, the Washers Flexibility Act. In addition, this rule Bureau of Consular Affairs is repealing does not impose information collection Range Information all of its regulations on Shipping and requirements under the provisions of Seamen, which are found at 22 CFR ‘‘Compact’’ includes all household clothes the Paperwork Reduction Act of 1980. Parts 81 through 88. Several of the washers with a tub capacity of less than 1.6 This rule has been reviewed as required current regulations are obsolete and cu. ft. or 13 gallons of water. by E.O. 12778 and certified to be in ‘‘Standard’’ includes all household clothes some of the regulations are merely washers with a tub capacity of 1.6 cu. ft. or compliance therewith. This rule is word-for-word repetitions of existing 13 gallons of water or more. exempt from review under E.O. 12866, statutes. At the same time, most of the but has been reviewed internally by the procedural aspects of consular work Range of esti- Department to ensure consistency with relating to shipping and seamen are mated annual the objectives thereof. In addition, as covered in the Foreign Affairs Manual, energy con- Capacity sumption (kWh/ this amendment involves ‘‘a matter which provides guidance and yr.) relating to agency management,’’ it is instructions to consuls performing these exempt from the requirement of notice responsibilities worldwide, and do not Low High and comment pursuant to section need to be covered in regulations. The Bureau is currently considering whether Compact: 553(a)(2) of the Administrative Top Loading ...... 607 1061 Procedures Act; and, accordingly, it may to propose a replacement section, to be Front Loading ...... (*) (*) be promulgated as a final rule. designated as 22 CFR Part 80. If the Standard: Bureau decides that such regulations are Top Loading ...... 616 1335 List of Subjects in 22 CFR Part 51 necessary, it will propose new Front Loading ...... 241 280 Passports and visas, Reporting and regulations that will be up to date and more appropriate in scope and content. (*) No data submitted. recordkeeping requirements. In the interim, the Department will By direction of the Commission. For the reasons set forth in the rely directly on its statutory authorities Donald S. Clark, preamble, 22 CFR Part 51 is amended as in this area and the procedures in the Secretary. follows: Foreign Affairs Manual to perform [FR Doc. 96–15022 Filed 6–12–96; 8:45 am] shipping and seamen functions. BILLING CODE 6750±01±M PART 51ÐPASSPORTS EFFECTIVE DATE: June 13, 1996. FOR FURTHER INFORMATION CONTACT: Subpart BÐApplication Carmen A. DiPlacido, or Michael DEPARTMENT OF STATE Meszaros, Overseas Citizens Services, 1. The authority citation for section Department of State, 202–647–3666 or Bureau of Consular Affairs 51.33 is revised to read as follows: 202–647–4994. 22 CFR Part 51 Authority: 22 U.S.C. 2658 and 3926; 5 SUPPLEMENTARY INFORMATION: This rule U.S.C. 552, 552a. eliminates Parts 81 through 88 of the [Public Notice Number 2401] Title 22 of the Code of Federal 2. Section 51.33 is revised to read as Regulations. These rules relate to Passports follows: consular services provided to seamen AGENCY: Bureau of Consular Affairs, § 51.33 Release of passport information. and in connection with U.S. registered State. vessels. In recent years, the number of Information in passport files is subject ACTION: Final rule. U.S. citizens serving as merchant to the provisions of the Freedom of seamen has declined. Also, the number SUMMARY: This rule amends the Information Act (FOIA) and the Privacy of merchant vessels registered in the regulations at 22 CFR Part 51, Subpart Act. Release of this information may be United States has declined. B to eliminate obsolete language requested in accordance with the Proportionately, the quantity of consular implementing regulations set forth in services provided to U.S. seamen has 10 61 FR 1366. Subchapter R, Part 171 or Part 172 of also declined. Currently, very few 11 61 FR 5679. this title. foreign service posts are called upon to

VerDate 29-MAY-96 20:21 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\P13JN0.PT1 13jnr1 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations 29941 provide services related to shipping and being taken as a final rule, pursuant to Longshore work is defined broadly to seamen. Those they do perform are very the ‘‘good cause’’ provision of 5 U.S.C. include ‘‘any activity relating to the routine functions. While historically section 553 (b); notice and comment are loading or unloading of cargo, the important, protection of seamen is not not necessary in light of the fact that operation of cargo-related equipment any longer a significant function Department is merely repealing (whether or not integral to the vessel), performed by consular officers. regulations that are obsolete or and the handling of mooring lines on In addition, there have been major repetitive of other statutory or the dock when the vessel is made fast legislative changes since Chapters 81–88 procedural guidance. Moreover, the or let go, in the United States or the were promulgated. Many of the current Department will continue to have coastal waters thereof.’’ The Act goes regulations have been unchanged since authority to act with respect to shipping on, however, to define a number of 1957, and a good portion have become and seamen by relying directly upon exceptions to the general prohibition on obsolete. For example, 22 CFR section existing statutory authority. such work. 87.1 authorizes consular officers to issue Section 258(b)(2), in what is known as a certificate of American Ownership or List of Subjects in 22 CFR Parts 81, 82, the ‘‘Exception for Safety and a Provisional Certificate of Registry. In 83, 84, 85, 86, 87, and 88 Environmental Protection,’’ excludes fact, Provisional Certificates of Registry Foreign Service, Seamen, Vessels. from the definition of longshore work have not been issued since 1981. Pursuant to the above authorities, under this statute ‘‘the loading or Another example is 22 CFR section Title 22 of the Code of Federal unloading of any cargo for which the 84.8(b), which refers to ‘‘shipping Regulations is amended as set forth Secretary of Transportation has, under commissioners.’’ There are no longer below: the authority contained in chapter 37 of any shipping commissioners. In title 46, United States Code (relating to addition, some of the statutes on which PARTS 81 THROUGH 88Ð[REMOVED] Carriage of Liquid Bulk Dangerous the regulations are based have been Cargoes), section 311 of the Federal repealed (e.g., 46 U.S.C. 593, and 46 1. Parts 81 through 88 are removed. Water Pollution Control Act (33 U.S.C. U.S.C. 621 to 628) and replaced by new Dated: May 31, 1996. 1321), section 4106 of the Oil Pollution and different legislation. Mary A. Ryan, Act of 1990, or section 105 or 106 of the In repealing the regulations on Assistant Secretary for Consular Affairs. Hazardous Materials Transportation Act Shipping and Seamen, the Bureau of [FR Doc. 96–14822 Filed 6–12–96; 8:45 am] (49 U.S.C. App. 1804, 1805) prescribed Consular Affairs has consulted with the regulations which govern—(A) the Coast Guard and the United Seamen’s BILLING CODE 4710±06±M handling or stowage of such cargo, (B) Service. It was determined that many of the manning of vessels and the duties, the current regulations merely restate Bureau of Economic and Business qualifications, and training of the statutory or common law, or deal with Affairs officers and crew of vessels carrying the internal policy of the Department of such cargo, and (C) the reduction or State. As such, they are unnecessary and [Public Notice 2396] elimination of discharge during can be removed. ballasting, tank cleaning, handling of If new regulations are proposed, they 22 CFR Part 89 such cargo.’’ will be much simpler and consistent Section 258(c), in what is known as Foreign Prohibitions on Longshore with the current State Department the ‘‘Prevailing Practice Exception,’’ Work by U.S. Nationals dealings with shipping and seamen. The exempts particular activities of core functions (responsibilities to AGENCY: Bureau of Economics and longshore work in and about a local port vessels, relief and repatriation of Business Affairs, State. if there is a collective bargaining individual seamen) will be spelled out ACTION: Final rule. agreement covering at least 30 percent as necessary. of the longshore workers in the area that It is hereby certified that the repeal of SUMMARY: In accordance with the permits the activities or if there is no these regulations will not have a Immigration and Nationality Act of such collective bargaining agreement significant economic impact on a 1952, as amended, the Department of and the employer of the alien crew files substantial number of small entities State is issuing a rule updating the list, an appropriate attestation, in a timely under the criteria of the Regulatory of longshore work by particular activity, fashion, that the performance of the Flexibility Act, 5 U.S.C. 605(b), because of countries where performance of such activity by alien crewmen is permitted the issues addressed are not of an a particular activity by crewmembers under the prevailing practice of the economic nature and a very small aboard United States vessels is particular port. The attestation is not number of U.S. vessels will be affected. prohibited by law, regulation or in required for activities consisting of the In addition, the repeal of these practice in the country. use of an automated self-unloading regulations will not impose information EFFECTIVE DATE: June 13, 1996. conveyor belt or vacuum-actuated collection requirements under the system on a vessel unless the Secretary ADDRESSES: Office of Maritime and Land provisions of the Paperwork Reduction of Labor finds, based on a Act of 1995, 44 U.S.C. Chapter 35. Nor Transport (EB/TRA/MA), Room 5828, preponderance of evidence which may do these rules have federalism Department of State, Washington, D.C. be submitted by any interested party, implications warranting the preparation 20520–5816. that the performance of such particular of a Federalism Assessment in FOR FURTHER INFORMATION CONTACT: activity is not the prevailing practice in accordance with E.O. 12612. Richard T. Miller, Office of Maritime the area or that certain labor actions are Review under E.O. 12988 is not and Land Transport, Department of underway. required, because no new regulations State, (202) 647–6961. Section 258(d), the ‘‘State of Alaska are being proposed at this time. This SUPPLEMENTARY INFORMATION: Section Exception,’’ provides detailed regulatory action is exempt from review 258 of the Immigration and Nationality conditions under which alien under E.O. 12866, but has been Act of 1952, 8 U.S.C. 1288, determines crewmembers may be allowed to undertaken consistent with the policies that alien crewmen may not perform perform longshore activities in Alaska, and principles thereof. This action is longshore work in the United States. including the filing of an attestation

VerDate 29-MAY-96 20:21 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\P13JN0.PT1 13jnr1 29942 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations with the Secretary of Labor at least 30 Department received 79 written and most-favored-nation treatment, such days before the performance of the work comments and oral demarches from two treaties typically contain clauses which setting forth facts and evidence to show foreign governments. subject the entry privileges granted that the employer will make a bona fide therein to the immigration laws of each Comments and Responses request for U.S. longshore workers who party and deny any right to engage in are qualified and available, will employ General gainful occupations in contravention of all such workers made available who are Comment: Four commenters, all from limitations expressly imposed, needed, and has informed appropriate U.S. labor unions, supported the according to internal laws and labor unions, stevedores, and dock Department’s interpretation of the term regulations, as a condition of their operators of the attestation, and that the ‘‘in practice’’ as including restrictive admittance. attestation is not intended to influence practices irrespective of government Comment: One commenter recalled an election of bargaining involvement. The writers said that the that the definition in Section 258 of the representatives. rule would protect American longshore Immigration and Nationality Act of Finally, Section 258(e), in what is longshore work differs from the rules, known as the ‘‘Reciprocity Exception,’’ workers from incursions by foreign mariners doing cargo handling as regulations and practice in other allows the performance of activities countries and asserted that application constituting longshore work by alien distinguished from navigational duties. A number of commenters, on the other of the definition in the U.S. legislation crew aboard vessels flagged and owned to foreign ships would hinder the in countries where such activities are hand, took exception to the proposal to consider private activities when sovereignty a flag state exercises over a permitted by crews aboard U.S. ships. ship in its register. In this connection, The Secretary of State is directed to determining eligibility for the reciprocity exemption and observed that several commenters expressed concerns compile and annually maintain a list, of about U.S. citizens doing certain longshore work by particular activity, of the Government Accounting Office found the interpretation used in longshore activities, such as handling of countries where performance of such a ships’ stores, repairs to ships, particular activity by crewmembers previous rulemakings on this subject legally supportable. Several of them midstream loading, opening and closing aboard United States vessels is of cargo hatches, and fueling, which, prohibited by law, regulation, or in asserted that the legislative history did not support the proposed rule. They they said, the crew traditionally carries practice in the country. The Department out and can better do. of State (hereinafter the Department) disputed the Department’s conclusion Response: The definition of longshore published such a list as a final rule on that the reciprocity provision is a work contained in Section 258 is indeed December 27, 1991 (56 FR 66970), limited exception. broad, encompassing ‘‘any activity corrected on January 14, 1992 (57 FR Response: In its report, the GAO relating to the loading or unloading of 13804). An updated list was last concluded that the statutory phrase ‘‘in cargo, the operation of cargo-related published on December 13, 1993 (58 FR practice’’ is susceptible to differing equipment (whether or not integral to 65118). interpretations and noted that the At the request of the Committee on language of the law and its legislative the vessel), and the handling of mooring Foreign Affairs of the House of history could support an interpretation lines on the dock when the vessel is Representatives, the Government under which privately negotiated made fast or let go, in the United States Accounting Office (hereinafter the GAO) collective bargaining agreements would or the coastal waters thereof.’’ Under reviewed the Department’s criteria and disqualify a country for a reciprocal this broad definition, the Department is methodology for compiling the list of exception. On the basis of its review of directed in the law to maintain the list countries in the past. The GAO the statute, the Department concurs. The of countries ‘‘by particular activity.’’ concluded that ‘‘with relatively small impact on the list of this change is Only those particular activities changes in how it obtains information modest, however; only six countries restricted in a foreign country will be and determines which countries to have been added to the list solely restricted in the United States. Thus, in place on the list, State can significantly because of private collective bargaining no case will the application of the law improve its data collection and agreements. The Department’s provide for restrictions broader than decision-making procedures.’’ With conclusion that the reciprocity those applied by the foreign country in respect to the statute’s use of the phrase exception is a ‘‘limited exception’’ is which the ship in question is flagged or ‘‘in practice’’, the GAO concluded that based on the statutory scheme embodied owned. Similarly, practices traditionally differing interpretations were legally in section 258, which prohibits performed by ships’ crews will not be supportable and observed that the longshore work by alien seamen in restricted in the U.S. unless the interpretation being followed tended to general, and then enumerates specific, performance of such practices is maximize the number of countries limited circumstances, including on the restricted in a foreign country. granted a reciprocity exception. basis of reciprocity, in which such work Comment: Several commenters After giving notice on March 24, 1994 may be performed. expressed fear that the proposed rule (59 FR 13904) that it was updating the Comment: One commenter said that would increase the danger of accidents list, the Department issued a proposed the proposed rule would violate U.S. and environmental mishaps. The writers rule on November 24, 1995 (60 FR treaty commitments with a number of said that transient port workers could 58026) with a revised list. The proposed countries, since many U.S. treaties of not acquire the level of experience and rule reflected changes in methodology Friendship, Commerce and Navigation training necessary to operate recommended by the Government accord vessels of the other party sophisticated cargo transfer equipment, Accounting Office and, in an effort to national treatment and most-favored- which often differs from ship to ship. ensure that the list reflects restrictive nation treatment. The commenters expressed concerns practices in foreign countries fully and Response: While many U.S. treaties of that at the high rates of cargo discharge accurately, standards for reciprocity Friendship, Commerce and Navigation the equipment makes possible, taking into account practices, whether accord vessels of the other party, and mishandling might cause serious injury or not required or sanctioned by nationals of the other party engaged in to personnel and create environmental governments. In response, the commercial activity, national treatment hazards.

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Response: The law does not give the longshore work by U.S. seamen, and is Economic Impact authority to grant a reciprocity prepared to investigate information Comment: Several comments exemption for safety or environmental supplied by interested parties and questioned the rationale and concerns, except for countries that adjust the list accordingly. The methodology leading to the regulate longshore activities in their Department is required to update the list Department’s conclusion that the ports and waters on this basis. Congress annually. The Department’s goal is to benefits of the proposed rule for U.S. separately addressed environmental and maintain the list in a fashion that longshore workers and seamen safety issues regarding the handling of reflects laws, regulations and practices outweigh the benefits to U.S. businesses certain types of hazardous cargo in in foreign countries as accurately as under the previous interpretation. The Section 258(b)(2) discussed earlier. possible. Where technological change writers generally agreed that the law is Comment: Several commenters results in a change in such laws, intended to protect the jobs of U.S. highlighted the practical difficulties of regulations or practices, that will be longshore workers but contended that applying a rule to longshore activities reflected in the list. The responsibility the proposed rule would require that take place in private terminals, for interpreting the list and authorizing longshore workers in many situations many of which are in remote areas or denying the performance of activities where they are not needed. Many where no shoreside labor is available or by alien members of foreign ships’ commenters feared that the proposed where there may be no port facilities at crews in specific instances lies with the rule would have a negative impact on all. Immigration and Naturalization Service business, in particular for shippers of Response: The Department notes that (INS). The Department is prepared to bulk commodities and exporters of the ‘‘Prevailing Practice Exception’’ assist the INS in cases where more timber products. Other comments described above would appear to cover detailed information about specific suggested that the proposed rule would the circumstances described by these practices in foreign countries would be have an impact on the budgets of state commentators. In those cases where the useful in their determination. While the and local governments in the snow belt Department obtained particular expansion of the list of countries in by raising the transport costs of road information about practices in private which restrictions have been found may salt, a heavy bulk commodity whose terminals, that information has been change the determination by the INS in transport costs can exceed the initial reflected in the list of countries. specific cases, it is not anticipated that acquisition costs. Some comments also Implementation Procedures the workload of the INS would expand significantly as a result. expressed concern that the rule would Comment: One commenter said that Comment: One commenter noted that discourage technological innovation. the survey was too limited because it the Department has not placed countries One suggested that the proposed rule did not take general labor laws into about which it has no information on would give foreign competitors an account. Another commenter expressed the list. The writer said that any country advantage in the world market by the fear that the standardized should be on the list unless the country diverting modern, more efficient vessels methodology developed by the can conclusively demonstrate its to other countries. Department would generate inaccurate eligibility for a reciprocity exemption. Response: In the Department’s view, findings and overlook local rules in Response: The law directs the the economic rationale for Section 258 foreign countries affecting specialized Department to maintain a list of rests on the fact that all of the longshore vessels. The writer noted that countries where restrictions exist. The workers or seamen to whom benefits appropriate procedures for specialized Department is not in a position to may accrue are U.S. citizens, while the ships may not exist in many smaller assume such restrictions absent specific businesses that may pay higher costs, countries where such ships rarely call. information. and their consumers, are often foreign. The commenter doubted whether the Comment: One commenter said that In those cases where the effect of the follow-up procedures would be countries whose ships are currently law is, ceteris paribus, to shift work thorough enough to make accurate or prohibited from calling on U.S. ports from foreign crews to U.S. longshore fair determinations. Another commenter should be put on the list in case the workers, there will be an obvious gain recommended a provision for periodic prohibition ends during the life of the for the U.S. economy. In those cases review to account for changes in Department’s rule. where the shift to U.S. longshore longshore work resulting from Response: The Department is workers results in higher loading or technological change. Noting some prepared to consider the situation with unloading costs, but the activity activities enumerated in the list, another respect to such countries at the time continues at the same levels, for commenter asked for a procedure to their ships become eligible to enter U.S. example in the case of the import of secure official interpretations of waters, and revise the list if necessary. road salt, there may still be an overall authorized longshore work exemptions Comment: One commenter questioned net gain for the U.S. economy as a for nations generally listed as ineligible the Department’s decision not to survey whole. From a macroeconomic point of for the reciprocity exception. Several laws, regulations and practices in view, increased costs to American commenters worried that the proposed countries, dependencies and other businesses, municipalities, or rule would overburden U.S. geographic entities with a population of consumers would be offset by the immigration inspectors by making them less than 5,000 people. The writer noted increased income and spending of U.S. responsible for interpreting differing that there is nothing in the statute or the longshore workers or seamen; in those customs and practice in each port. legislative history to support this. cases where at least part of the increased Response: The GAO report urged the Response: The Department does not cost was borne by foreign entities, there Department to develop standardized believe that it has omitted areas whose would be a net gain for the U.S. methodology to ensure consistent ships are likely to call in the United economy as a whole. A number of treatment of countries. The Department States. Interested parties are encouraged companies have raised the possibility of has made every effort to obtain full and to provide the Department with job losses or other external negative accurate information about the countries information concerning longshore rules, effects in the United States. While it is listed, including general labor laws regulations or practices in areas not on certainly possible that application of the where they affect the performance of the list. law could result in higher shipping

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The widespread existence in a number of cases, concerns were rule on specialized vessels. Noting the of restrictive collective bargaining expressed about the loss of a reciprocity special training required for the safe and agreements at liner terminals and public exception in industries and situations efficient operation of equipment aboard ports was confirmed, requiring the where, in the Department’s view, a these ships, several commenters inclusion of Canada on the list of ‘‘Prevailing Practice Exception’’ would requested a blanket exemption for self- countries with restrictive practices. almost certainly apply. This is unloading bulk vessels and log carriers. However, the technical corrections to particularly likely in the case of bulk Response: The Department does not the exceptions for bulk cargo at Great shippers operating in private ports or have the authority to grant a blanket Lakes ports were found to reflect actual terminals. In other cases, one or another exception for self-loading/unloading practice and have been incorporated in of the other exceptions in section 258 bulk vessels or log carriers, or, indeed, the list. Two U.S. operators of may apply. any specific class of ships. Country- specialized self-loading/unloading log In cases where no exception applies, specific reciprocity exceptions of this carriers confirmed that they have been other measures that may be available to type were sometimes possible, however. able to operate in Canadian Pacific ports businesses to mitigate any negative The Department notes that the law and waters without restrictions on their effects from this ruling include the refers specifically to vessels with self- U.S. crews, and an exception has employment of U.S. citizens aboard unloading conveyor belts and vacuum- therefore been added in this regard. foreign-owned or flagged vessels to actuated systems in discussing the Exceptions were also added for a perform the work in question, the use of ‘‘Prevailing Practice Exception.’’ number of shipboard activities found to U.S. flag ships, and the reflagging of be generally excepted in Canadian Comment: One commenter contended vessels in countries eligible for the collective bargaining agreements. that the law was not intended to apply reciprocity exception. In all cases, Finally, U.S. carriers, Canadian to passenger vessels. companies will be able, at a minimum, government and industry officials, and to utilize the collective bargaining Response: The Department agrees, labor union officials advised the U.S. process to seek cost structures that based on language in the Conference Consulates in Montreal, Halifax and maximize the collective economic Report, that the law was not intended to Vancouver that restrictions in collective benefit for all concerned. apply to passenger vessels. bargaining agreements do not apply to With respect to fears that companies Status of Individual Countries U.S. self-loading/unloading bulk vessels might have to employ unnecessary calling on private terminals, so an labor, the Department notes that Section Canada: A large number of comments exception was added for these vessels at 258 is quite explicit in prohibiting the discussed Canada’s eligibility for a private terminals. performance of work by alien seamen. reciprocity exception. Referring to the Chile: After reviewing the report from The intent is to substitute U.S. labor for historically close links and free trade the U.S. Embassy in Santiago, a foreign labor, not to add unnecessary commitments between Canada and the commenter questioned the decision not labor, although this would be allowed U.S., several comments called for a to place Chile on the list because of a on a reciprocity basis if it were an blanket exemption for the entire provision in Chilean law allowing accepted practice in the foreign country country. One commenter contended that authorities to restrict access to port in question. Canada has a general regulation that the areas by any person. As to the possible diversion of Canadian Government might not be The Department acknowledges the modern more-efficient vessels to other enforcing which requires an existence of the law, but notes that it countries, companies may wish to employment validation for foreign crew does not require access to be restricted. explore provisions in the Immigration members. The writer called for placing According to information provided by and Naturalization Act which allow Canada on the list because of this legal the U.S. Embassy in Santiago, access by foreign workers with specialized skills requirement. Many comments went into U.S. mariners is not restricted. to work in the United States. The great detail about practices in different Therefore, Chile has not been added to Department notes, for example, that parts of Canada. Twenty-six the list. operators of specialized equipment commenters stressed the importance of Congo: A commenter notes that the connected with the log trade have maintaining an exception for Canadian U.S. Embassy in Brazzaville did not find entered the United States, after bulk vessels in the Great Lakes. They any restrictions on longshore work, but appropriate determinations, with warned that elimination of the had reported in response to inquiries to specialized visas other than those issued exception would hurt the special trade compile earlier lists that the Congo did to crew members. The Department is of relationship between the United States prohibit foreign mariners from carrying the view that such workers do not fall and Canada by raising transport costs out longshore work. within the scope of Section 258, which for a variety of bulk commodities. A The Department has asked the U.S. relates specifically to persons eligible to number of them noted that the crews of Embassy in Libreville Congo to enter the United States under section U.S. bulk ships in Canadian Great Lakes investigate further. Based on the most 101(a)(15)(D)(i). ports are free to carry out longshore current information, Congo will not be With respect to the specific industries work. The writers offered technical added to the list at this time. about which questions were raised, the suggestions about the exception in the France: One commenter noted that Department notes that in some cases it listing for that region. Another the U.S. Embassy in Paris did not find was possible to confirm information commenter reported that a collective any restrictions on longshore work, but supplied about alleged restricted or bargaining agreement in Vancouver, had reported in response to inquiries to

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(a) All longshore activities. workers employed by a stevedore Oman: One commenter pointed out (b) Exceptions: company at a French port. France that information received in response to (1) Opening and closing of hatches therefore has been placed on the list. the Department’s questionnaire differed (2) Rigging of ship’s gear, and (3) Loading and discharge of cargo on Greece: The U.S. Embassy in Athens from that reported in the past. board the ship if local labor is paid as had reported that there were not any The Department has asked the U.S. if they had done the work. restrictions on longshore work, but the Embassy in Muscat, Oman to investigate Department received other reports that further. Pending confirmation of its Argentina local dockworkers have the exclusive initial report, the Department is not (a) All longshore activities. right to do longshore work. adding Oman to the list. The Department asked the U.S. (b) Exceptions: Sierra Leone: One commenter pointed Embassy in Athens to investigate (1) Cargo tiedown and untying, further. The Embassy has confirmed that out that information received in (2) When a disaster occurs, foreign crew may not operate shore- response to the Department’s (3) Provision of vessel supplies, and based equipment to load/unload a questionnaire differed from that (4) Opening and closing of hatches. reported in the past. vessel, as a license is required to operate Australia such equipment. Greece is therefore In response, the Department reviewed being added to the list of countries. conditions in Sierra Leone and (a) All longshore activities. Greenland: The Government of determined that the Sierra Leone Ports (b) Exceptions: Denmark reported that Greenland does Authority is the only agency designated (1) When shore labor cannot be not possess a separate ship registry and by the government to engage in obtained at rates prescribed by asked that Greenland be treated the stevedoring services. Sierra Leone has collective bargaining agreements, same as Denmark for purposes of therefore been added to the list of (2) Opening and closing of hatches, possible inclusion in the list of countries in which there are restrictions. and countries. Vanuatu: Two commenters asserted (3) Rigging of ship’s gear. The U.S. Embassy in Denmark that there are no government rules, Bahamas confirmed the Danish Government’s regulations or collective bargaining (a) All longshore activities. report and provided information agreements restricting longshore work (b) Exceptions: indicating that U.S. mariners were not by U.S. mariners in Vanuatu. (1) Operation of cargo related restricted in activities defined as In response, the Department reconfirmed with the U.S. Embassy in equipment on board the ship, longshore work in the statute. (2) Opening and closing of hatches, Greenland has therefore been dropped Port Moresby that actual practice in Vanuatu was restrictive in some (3) Rigging of ship’s gear, and from the list. (4) Use of specialized equipment Italy: After reviewing reports from the respects. Vanuatu has therefore been which port workers cannot handle U.S. Embassy in Rome, a commenter retained on the list, in slightly modified alone, with the concurrence of the local questioned whether Italy should be form. longshore union. placed on the list for line handling. The List of Subjects in 22 CFR Part 89 commenter noted that Italian law does Bangladesh Aliens, Crewmembers, Immigration, not consider line handling as longshore (a) All longshore activities. Labor, Longshore and harbor workers, activity and requires authorization by (b) Exceptions: Seamen. government authorities. The commenter (1) Operation of cargo-related also questioned whether Italian law For the reasons set out in the equipment integral to the vessel when only allows mariners from EU member preamble, 22 CFR Chapter I is amended there is a shortage of port workers able countries to perform longshore work. as follows: to operate the equipment and with the At the request of the Department, the permission of the port authority, and PART 89ÐPROHIBITIONS ON U.S. Embassy in Rome investigated (2) Opening and closing of hatches. further and determined that certain LONGSHORE WORK BY U.S. longshore activities, including cargo NATIONALS Belgium loading, discharge and transfer, may be (a) All longshore activities. performed by EU and non-EU mariners 1. The authority citation for part 89 with authorization from the national continues to read as follows: Belize maritime authority or port authority Authority: 8 U.S.C. 1288, Public Law 101– (a) All longshore activities. where a maritime office is not present. 649 Stat. 4878 (b) Exceptions: Italian law, on the other hand, does not 2. Part 89 is amended by revising (1) Operation of cargo related allow foreign mariners to handle § 89.1 to read as follows: equipment, mooring lines on the dock or do other (2) Opening and closing of hatches, activities not immediately related to § 89.1 Prohibitions on Longshore work by and cargo handling. Italy is therefore being U.S. nationals; listing by country. (3) Rigging of ship’s gear. added to the list. The Secretary of State has determined Norway: A commenter noted that the that, in the following countries, Benin U.S. Embassy in Oslo did not find any longshore work by crewmembers aboard (a) All longshore activities. restrictions on longshore work, but had United States vessels is prohibited by (b) Exceptions:

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(1) Operation of cargo related by the crews of bulk vessels calling at Egypt equipment, private terminals, and (a) Cargo loading and unloading (2) Opening and closing of hatches, (9) Operation of specialized self- activities not on board the ship. and loading/unloading log carriers on the (3) Rigging of ship’s gear. Pacific Coast. El Salvador Bermuda Cape Verde (a) All longshore activities. (a) Loading and discharge of cargo (a) All longshore activities. Eritrea using cranes and loading equipment China (a) All longshore activities. situated on the docks or wharves. (b) Exception: Opening and closing of (a) Handling of mooring lines. (b) Line handling on the docks. hatches and rigging of ship’s gear if port Brazil Colombia labor is paid as if it had done the work. (a) All longshore activities. Estonia (a) All longshore activities at public (a) All longshore activities. terminals. (b) Exception: When local workers are unable or unavailable to provide (b) Exceptions: Bulgaria longshore services. (1) On-board mooring activities, (2) Replacement of lines, (a) All longshore activities. Comoros (3) Lifting and movement of ladders, (b) Exceptions: (a) All longshore activities. (4) Movement of vessel’s equipment, (1) Operation of cargo related (5) Loading of food and vessel’s equipment, (b) Exceptions: (1) Operation of cargo related equipment by cargo-related equipment (2) Opening and closing of hatches, equipment, of the vessel, and (3) Rigging of ship’s gear, (2) Opening and closing of hatches, (6) Securing of general cargo, vehicles (4) Mooring and line handling, and (3) Rigging of ship’s gear, and and containers to the vessel. (5) Operation of special equipment (4) Other activities with government Fiji and discharge of dangerous cargo, with authorization. the preliminary authorization of the Port (a) All longshore activities. Administration and Harbor Master. Costa Rica (b) Exceptions: Burma (a) Operation of equipment fixed to (1) Operation of cargo related the ground. equipment, except for discharging cargo, (a) All longshore activities. (2) Opening and closing of hatches, Cote d’Ivoire (b) Exceptions: and (1) Opening and closing of hatches, (a) All longshore activities. (3) Rigging of ship’s gear. and (b) Exceptions: (2) Rigging of ship’s gear. (1) Opening and closing of hatches, Finland Cameroon and (a) All longshore activities. (2) Rigging of automated ship’s gear. (b) Exceptions, when not related to (a) All longshore activities. Croatia cargo loading and discharge: (b) Exceptions: (1) Operation of cargo-related (1) Opening and closing of hatches, (a) All longshore activities. equipment, and (b) Exceptions: (2) Opening and closing of hatches, (2) Rigging of ship’s gear. (1) Operation of cargo-related and equipment on board the ship when Canada (3) Rigging of ship’s gear. outside of port, and (a) All longshore activities. (2) Operation of specialized unloading France (b) Exceptions: equipment. (a) All longshore activities. (1) Opening and closing of hatches, Cyprus (b) Exceptions: (2) Cleaning of holds and tanks, (1) Loading and discharge of the (3) Loading of ship’s stores, (a) All longshore activities. ship’s own material and provisions if (b) Exceptions: (4) Operation of onboard rented done by the ship’s own equipment or by (1) Opening and closing of hatches, equipment, the owner of the merchandise using his (5) Ballasting and deballasting, and (2) Rigging of ship’s gear. own personnel, (6) Rigging of ship’s gear, (2) Opening and closing of hatches, (7) Exceptions in connection with Djibouti (3) Rigging of ship’s gear, bulk cargo at Great Lakes ports only: (4) Operation of cargo-related (i) Handling of mooring lines on the (a) All longshore activities. (b) Exception: Operation of cranes equipment to shift cargo internally, dock when the vessel is made fast, aboard ship. (5) Handling operations connected shifted or let go, with shipbuilding and refitting, and (ii) Moving the vessel to place it Dominica (6) Offloading fish by the crew or under shoreside loading and unloading (a) All longshore activities. personnel working for the ship owner. equipment, (iii) Moving the vessel in position to Dominican Republic Gabon unload the vessel onto specific cargo (a) All longshore activities. (a) All longshore activities. piles, hoppers or conveyor belt systems, (b) Exception: Operation of equipment (b) Exception: All longshore activities and with which local port workers are not if local workers are paid as if they had (iv) Operation of cargo related familiar. done the work. equipment integral to the vessel. (8) Operation of self-loading/ Ecuador Georgia unloading equipment and line handling (a) All longshore activities. (a) All longshore activities.

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(b) Exception: All longshore activities (b) Exceptions: (2) Maintenance of port equipment, if local workers are paid as if they had (1) With the permission of the port (3) Receiving and fixing of dock ropes done the work. administrator, when no local port to harbor equipment, workers with requisite skills are (4) Transportation of cargo within the Germany available, and port, and (a) All longshore activities. (2) In the event of an emergency. (5) Warehousing and security. (b) Exceptions: (b) Exception: Opening and closing of (1) Opening and closing of hatches, Ireland hatches. and (a) All longshore activities. (2) Rigging of ship’s gear. Madagascar Israel (a) All longshore activities. Ghana (a) All longshore activities. (a) All longshore activities. Malaysia (b) Exceptions: Italy (a) All longshore activities. (1) Operation of cargo-related (a) Cargo loading, discharge and (b) Exception: Loading and discharge equipment, transfer without the permission of the of hazardous materials. (2) Opening and closing of hatches, Maritime Administration or the local Maldive Islands and port authority, if no office of the (3) Rigging of ship’s gear. Maritime Administration is present, and (a) All longshore activities. Greece a deposit for possible use of port (b) Exceptions: (1) Operation of cargo-related (a) Operation of shore-based stevedoring services. (b) Handling of lines on the dock and equipment aboard ship, equipment to load/unload a vessel. (2) Opening and closing of hatches, other longshore activities not immediate Guatemala (3) Rigging of ship’s gear, and related to cargo handling. (4) Other longshore activities within (a) All longshore activities. Jamaica port limits, when authorized by the port authority in cases when the port Guinea (a) All longshore activities. (b) Exceptions: authority is unable to provide longshore (a) All longshore activities. workers. (b) Exceptions: (1) Operation of equipment integral to (1) Opening and closing of hatches, the vessel, Malta (2) Opening and closing of hatches, and (a) All longshore activities. (2) Rigging of ship’s gear. jointly with local port workers, and (b) Exceptions: (3) Rigging of ship’s gear jointly with Guyana (1) Opening and closing of hatches, local port workers. (a) All longshore activities. and (b) Exceptions: Japan (2) Rigging of ship’s gear. (1) Operation of cargo-related (a) All longshore activities. Mauritania equipment aboard ship, (2) Opening and closing of hatches, Jordan (a) All longshore activities on shore. and (a) All longshore activities. Mauritius (3) Rigging of ship’s gear. Kenya (a) All longshore activities. Haiti (b) Exceptions: (a) All longshore activities. (a) All longshore activities. (1) Opening and closing of hatches, (b) Exceptions: and Honduras (1) Opening and closing of hatches, (2) Rigging of ship’s gear. (2) Rigging of ship’s gear, (a) All longshore activities. (3) In an emergency declared by the Mexico (b) Exceptions: (1) Operation of cargo-related port authority, and (a) All longshore activities. (4) Direct transfer of cargo from one equipment, (b) Exception: Onboard activities if (2) Opening and closing of hatches, ship to another. local workers are paid as if they had and Korea done the work. (3) Rigging of ship’s gear. (a) All longshore activities. Micronesia Hong Kong Kuwait (a) All longshore activities. (a) Operation of equipment on the (b) Exceptions: pier. (a) All longshore activities. (1) Operation and rigging of gear (b) Exceptions, when activities are which local port workers cannot do, and Iceland declined by port workers: (2) When no qualified citizens are (a) All longshore activities. (1) Operation of cargo-related available. (b) Exception: Operation of shipboard equipment, Morocco equipment and cranes. (2) Opening and closing of hatches, and (a) All longshore activities. India (3) Rigging of ship’s gear. (b) Exceptions: (a) All longshore activities. (1) Operation of ship’s gear which (b) Exception: Operation of shipboard Liberia port workers cannot operate, equipment that local port workers (a) Longshore activities on shore. (2) Opening and closing of hatches, cannot operate. (3) Rigging of ship’s gear aboard ship, Lithuania and Indonesia (a) The following activities in harbor: (4) Fastening and unfastening (a) All longshore activities. (1) Loading and discharge of cargo, containers.

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Mozambique (2) Longshore activities for hazardous Sierra Leone (a) All longshore activities on shore. or polluting cargoes, and (a) All longshore activities. (3) Longshore activities on Namibia government vessels. Slovenia (a) Longshore activities on shore. Poland (a) All longshore activities. Nauru (b) Exceptions: (a) All longshore activities. (1) Opening and closing of hatches, (b) Exceptions: (a) All longshore activities. and (1) Operation of cargo-related (2) Rigging of ship’s gear. Netherlands equipment, (a) All longshore activities. (2) Opening and closing of hatches, Solomon Islands (b) Exception: Regular crew activities and (a) All longshore activities. on board ship, including operation of (3) Rigging of ship’s gear. (b) Exceptions: cargo-related equipment, opening and Portugal (including Azores) (1) Opening and closing of hatches, closing of hatches, and rigging of ship’s and gear. (a) All longshore activities. (b) Exceptions: (2) Rigging of ship’s gear. Netherlands Antilles (1) Military operations, South Africa (2) Operations in an emergency, when (a) All longshore activities. (a) All longshore activities. under the supervision of the maritime (b) Exceptions: (b) Exceptions: authorities, (1) Operation of ship’s gear, (1) Opening and closing of hatches, (2) Opening and closing of hatches, (3) Security or inspection operations, (4) Loading and discharge of supplies and and (2) Rigging of ship’s gear. (3) Rigging of ship’s gear. for the vessel and its crew, (5) Loading and discharge of fuel and Spain New Zealand petroleum products at special terminals, (a) All longshore activities. (a) All longshore activities. (6) Loading and discharge of chemical products if required for safety reasons, Sri Lanka Nicaragua (7) Placing of trailers and similar (a) Longshore activities on shore. (a) All longshore activities. material in parking areas when done (b) Exception: Shipboard activities if before loading or after discharge, Sweden local workers are paid as if they had (8) Cleaning of the vessel, and (a) Loading and discharge of cargo. done the work. (9) Loading, discharge and disposal of (b) Rigging of cargo nets, straps and merchandise in other boats. Pakistan wires to make ready for loading by the (a) Longshore activities on shore. Qatar crane. (c) Cargo handling. (b) Handling of mooring lines. (a) All longshore activities. (c) Exception: Operation of equipment (d) Line handling on the dock. Romania which dock workers are not capable of Taiwan operating. (a) All longshore activities. (b) Exceptions: (a) All longshore activities. Panama (1) Operation of specialized shipboard (b) Exceptions: (a) All longshore activities. equipment, and (1) Operation of cargo-related (b) Exceptions: (2) Loading and discharge of cargo equipment which local longshoremen (1) Rigging of ship’s gear, requiring special operations. cannot operate, and (2) Cargo handling operations with (2) Opening and closing of hatches ship’s gear, when port authority St. Lucia operated automatically. equipment is not available to load or (a) All longshore activities. Tanzania unload a vessel. St. Vincent and the Grenadines (a) All longshore activities. Papua New Guinea (a) All longshore activities. (b) Exception: All longshore activities (a) All longshore activities. if local workers are paid as if they had Saudi Arabia (b) Exceptions: done the work. (1) Opening and closing of hatches, (a) All longshore activities. Thailand and Senegal (2) Rigging of ship’s gear. (a) Longshore activities on shore. (a) All longshore activities. (b) Exception: Longshore activities in Peru (b) Exceptions: private ports. (1) Opening and closing of hatches, (a) All longshore activities. Togo (b) Exceptions: (2) Rigging of ship’s gear, and (1) Handling of certain types of (3) Cargo handling when necessary to (a) All longshore activities. hazardous cargo, and ensure the safety or stability of the (b) Exceptions: (2) Operation of shipboard equipment vessel. (1) Operation of cargo-related requiring special training. equipment on board the ship, and Seychelles (2) Opening and closing of hatches, Philippines (a) All longshore activities. upon the agreement of the port officer (a) All longshore activities. (b) Exceptions: on duty. (b) Exceptions: (1) Opening and closing of hatches, (1) Activities on board ship, except for and Trinidad and Tobago loading and discharge of cargo, (2) Rigging of ship’s gear. (a) All longshore activities.

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(b) Exceptions: ACTION: Final rule, Treasury decision. viticultural area. Any interested person (1) Opening and closing of hatches, if may petition ATF to establish a grape- done automatically, and SUMMARY: This final rule establishes a growing region as a viticultural area. (2) Rigging of ship’s gear. viticultural area in the State of The petition should include: California to be known as ‘‘Malibu- (a) Evidence that the name of the Tunisia Newton Canyon.’’ The petition for this proposed viticultural area is locally (a) All longshore activities. viticultural area was filed by Mr. George and/or nationally known as referring to (b) Exception: When the number of Rosenthal, President of Rancho the area specified in the petition; local dock workers is insufficient or Escondido, Inc. (b) Historical or current evidence that when the workers are not qualified to do The ‘‘Malibu-Newton Canyon’’ the boundaries of the viticultural area the work. viticultural area comprises are as specified in the petition; approximately 850 acres within Newton Uruguay (c) Evidence relating to the Canyon, a bowl-shaped valley located geographical features (climate, soil, (a) Stowing, unstowing, loading and on the south-facing side of the Santa elevation, physical features, etc.) which discharge, and related activities on Monica Mountains. Vineyards currently distinguish the viticultural features of board ships in commercial ports. within the proposed viticultural area are the proposed area from surrounding (b) Cargo handling on the docks and located on the Rancho Escondido Estate. areas; piers of commercial ports. Rancho Escondido is comprised of (d) A description of the specific (c) Exception: Activities usually approximately 157 acres, all of which boundaries of the viticultural area, performed by the ship’s crew, including lie within the proposed area. based on the features which can be operation of cargo-related equipment, Approximately 14 of these acres are found on United States Geological opening and closing of hatches and planted with premium wine producing Survey (U.S.G.S.) maps of the largest rigging of ship’s gear. vineyards. Varietals include Cabernet applicable scale; and Vanuatu Savignon, Merlot, Cabernet Franc, (e) A copy of the appropriate U.S.G.S. Chardonnay and Petite Verdot. map(s) with the boundaries prominently (a) All longshore activities on shore. Currently, there are no wineries located marked. within the proposed ‘‘Malibu-Newton Venezuela Petition Canyon’’ area. (a) Longshore activities in private ATF believes that the establishment of ATF received a petition from Mr. ports and terminals. viticultural area names as appellations George Rosenthal, President of Rancho Western Samoa of origin in wine labeling and Escondido, Inc., proposing to establish a advertising allows wineries to designate new viticultural appellation in the (a) All longshore activities. Malibu area of Los Angeles County, (b) Exceptions: the specific areas where the grapes used California, to be known as ‘‘Malibu- (1) Opening and closing of hatches, to make the wine were grown and Newton Canyon.’’ The viticultural area, and enables consumers to better identify the comprising approximately 850 acres, is (2) Rigging of ship’s gear. wines they purchase. EFFECTIVE DATE: June 13, 1996. located within Newton Canyon which is Yemen a bowl-shaped valley located on the FOR FURTHER INFORMATION CONTACT: south-facing side of the Santa Monica (a) All longshore activities. David Brokaw, Wine, Beer and Spirits Mountains. Vineyards currently within Regulations Branch, Bureau of Alcohol, Zaire the viticultural area are located on the Tobacco and Firearms, 650 Rancho Escondido Estate. Rancho (a) All longshore activities. Massachusetts Avenue, NW., Escondido is comprised of (b) Exception: Operation of cargo- Washington, DC 20226 (202–927–8230). related equipment, when authorized by approximately 157 acres, all of which the Port Authority. SUPPLEMENTARY INFORMATION: lie within the ‘‘Malibu-Newton Canyon’’ viticultural area. Approximately 14 of Dated: May 16, 1996. Background these acres are planted with premium Alan P. Larson, On August 23, 1978, ATF published wine producing vineyards. Varietals Acting Assistant Secretary, Economic and Treasury Decision ATF–53 (43 FR include Cabernet Savignon, Merlot, Business Affairs, Department of State. 37672, 54624) revising regulations in 27 Cabernet Franc, Chardonnay and Petite [FR Doc. 96–14821 Filed 6–12–96; 8:45 am] CFR Part 4. These regulations allow the Verdot. Currently, there are no wineries BILLING CODE 4710±07±P establishment of definitive viticultural located within the ‘‘Malibu-Newton areas. The regulations allow the name of Canyon’’ viticultural area. an approved viticultural area to be used DEPARTMENT OF THE TREASURY as an appellation of origin on wine Notice of Proposed Rulemaking labels and in wine advertisements. On In response to Mr. George Rosenthal’s Bureau of Alcohol, Tobacco and October 2, 1979, ATF published petition, ATF published a notice of Firearms Treasury Decision ATF–60 (44 FR proposed rulemaking, Notice No. 817, in 56692) which added a new Part 9 to 27 the Federal Register on December 22, 27 CFR Part 9 CFR, for the listing of approved 1995 [60 FR 66535], proposing the RIN 1512±AA07 American viticultural areas. establishment of the Malibu-Newton Section 4.25a(e)(1), Title 27 CFR, Canyon viticultural area. The notice [TD ATF±375 ] defines an American viticultural area as requested comments from all interested The Malibu-Newton Canyon Viticultural a delimited grape-growing region persons by February 20, 1996. Area (95R±014P) distinguishable by geographical features, the boundaries of which have Comments on Notice of Proposed AGENCY: Bureau of Alcohol, Tobacco been delineated in Subpart C of Part 9. Rulemaking and Firearms, Department of the Section 4.25a(e)(2) outlines the ATF did not receive any letters of Treasury. procedure for proposing an American comment in response to Notice No. 817.

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Two letters of support from landowners including Newton Canyon, the location Peak is another distinguishing feature located within the Malibu-Newton of the viticultural area. which marks one of the highest points Canyon viticultural area were received The petitioner provided a 1:250,000 in the Santa Monica Mountains at 2,824 prior to issuing Notice No. 817. scale Topographic-Bathymetric map of feet. Accordingly, this final rule establishes a Los Angeles to document the use of the The petitioner further states that Malibu-Newton Canyon viticultural area name, ‘‘Malibu.’’ An article in the approximately two-thirds of the with boundaries identical to those October 15, 1994, issue of the ‘‘Wine surrounding Malibu area contains proposed in Notice No. 817. The Spectator,’’ entitled ‘‘A Vineyard Grows slopes greater than 25 percent, with petition provides the following in Malibu Canyon,’’ refers to the area only one-fifth having relatively level information as evidence that the around ‘‘The Malibu Estate’’ (Rancho terrain. Throughout the past several viticultural area meets the regulatory Escondido, Inc.) as ‘‘Malibu Hills.’’ decades, most of the usable land in the requirements discussed previously. Also, included as an exhibit was a copy Malibu area has been developed. of an article from, ‘‘The Underground Because of increasingly high land Evidence That the Name of the Area Is Wine Journal,’’ 1994, entitled, Locally or Nationally Known prices, very little of the land in the ‘‘Distinctive New Wines.’’ This article general Malibu area is still used for According to the petitioner, the origin refers to ‘‘The Malibu Estate’’ as being agriculture. The Santa Monica of the name Malibu comes from the located ‘‘in the hills above Malibu.’’ Mountains also have thousands of acres ancient Chumash Indian word MALA I According to the petitioner, the name dedicated to State and national parks, BOO, meaning ‘‘Place on the Cliff,’’ and ‘‘Newton Canyon’’ is generally known with more acreage being aggressively was the name of an Indian village just as describing the specific area in which acquired by public conservation beyond Malibu Beach. After the the viticultural area is located. This is agencies. Spaniards took control of southern evidenced by the name of the main California, the encompassing Chumash street running through the viticultural Evidence Relating to the Geographical ranchera UMALIBO became known as area— ‘‘Newton Canyon Road.’’ In Features (Climate, Soil, Elevation, the Malibu Rancho. A Spanish settler, addition, maps of the area, including the Physical Features, etc.) Which Jose Bartolome Tapia gained control of U.S.G.S. map referenced and shown Distinguish the Viticultural Features of the rancho and was later granted the within the petition, label the area as, the Area From Surrounding Areas land by the Governor of the Californias. ‘‘Newton Canyon.’’ The petitioner states Climate The present day spelling appears on the that, ‘‘Newton Canyon alone is not name of the Topanga Malibu Sequit descriptive enough to describe the Based upon a 1994 climate study grant dated July 12, 1805. It originally general location of the viticultural area, completed by Fox Weather, Oxnard, totalled 13,315 acres, one of the largest and further, might possibly cause public California, the petitioner asserts the southern California Ranchos at that confusion in relation to Newton following: The general climate of the time. Vineyards, located in the Napa Valley.’’ Malibu area is typical of southern The petitioner further states that Therefore, the petitioner proposed the California with mild, rainy winters, and throughout the 19th century, Rancho name, ‘‘Malibu-Newton Canyon.’’ warm, dry summers. However, there are Malibu changed hands many times but several climatological factors which remained intact. Until the construction Historical or Current Evidence that the distinguish the ‘‘Malibu-Newton of the Pacific Coast Highway in the Boundaries of the Viticultural Area Are Canyon’’ viticultural area from the 1930’s, the privacy of Rancho Malibu As Specified in The Petition surrounding region. had not been invaded. With the The boundaries of the ‘‘Malibu- While summer temperatures often burgeoning economy of southern Newton Canyon’’ viticultural area exceed 80 degrees in the afternoon, California, conditions greatly changed. follow the natural ridge lines which cooling ocean breezes flow into the This historic rancho was finally define Newton Canyon and are valley in the evening, according to the subdivided during the same decade. delineated on the U.S.G.S. Point Dume, petitioner. Moreover, during the evening Following soon after, the famous Malibu California, quadrangle map. and early morning a light fog often Beach Colony was established where Newton Canyon is a bowl-shaped filters into the valley and settles along movie stars and industry moguls began valley located on the south-facing side the slopes, creating a unique constructing their homes. The Malibu of the Santa Monica Mountains, in the microclimate which is significantly area then quickly developed into the Malibu area of Los Angeles County. The cooler than the surrounding inland highly recognized community of Los canyon is oriented along an east-west areas. Typically, the morning sun shines Angeles as it is known today. axis. The valley floor lies at an elevation through the fog, which in turn is swept Throughout this region there exists of approximately 1,400 feet. The out by warm winds and high daytime topography in the form of roads, a creek, surrounding ridgeline ranges in temperatures. The valley enjoys a lake, a canyon, a beach, hiking trails, elevation from 1,800–2,100 feet on the southern exposure to the sun parks, vistas, etc. which denote the southern ocean side of the canyon, throughout the afternoon. According to name ‘‘Malibu.’’ The region lying continuing to 2,100–2,800 feet on the the petitioner, these conditions are ideal roughly from the ridge line of the Santa high side of the canyon to the north. for premium grape growing. Monica Mountains to the ocean, and According to the petitioner, the Because of its high elevation and from Topanga Canyon to the Ventura elevation of the southern rim of the orientation, the viticultural area does County line is commonly known as canyon is low enough to allow evening not experience the constantly overcast Malibu, according to the petitioner. fog to sift into the valley, but high skies and cooler temperatures of the While the city of Malibu was enough to keep out the marine layer that coastal region immediately below. incorporated in 1992, the entire shrouds much of the coastline Newton Canyon, within which the surrounding area described above throughout the daytime. The northern viticultural area is located, is a unique continues to be recognized as Malibu. rim of the canyon joins the crest of the pocket protected from marine influence. ‘‘Malibu’’ could be applied to any of the Santa Monica Mountains that divides The coastline near sea level is a more hills/mountains which drain toward the oceanside from leeside. Lying at the temperate climate controlled by marine ocean through the city of Malibu, eastern most side of the canyon, Castro stratus with uniformly cold

VerDate 29-MAY-96 20:21 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\P13JN0.PT1 13jnr1 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations 29951 temperatures, fog and low clouds. This hot and dry. The petitioner provided a uplands with poor soil capability. These cooler and more humid coastal diagram illustrating the ‘‘Malibu- soils are usually shallower than those environment, mainly affecting areas Newton Canyon’’ microclimate and a found in the viticultural area, and are below the 1,300 foot level, can create November 29, 1994, subject to erosion. grape rot and delay maturation. ‘‘CLIMATOLOGICAL SURVEY FOR The petitioner claims that the RANCHO ESCONDIDO VINEYARDS,’’ Boundary ‘‘Malibu-Newton Canyon’’ viticultural by Alan D. Fox of Fox Weather. The boundary of the ‘‘Malibu-Newton area is, in the daytime, a sunny warm Canyon’’ viticultural area may be found oasis for a coastal location. The area is Physical Features on one United States Geological Survey located at an elevation which lies just at According to the petitioner, the map, entitled Point Dume Quadrangle, the bottom of the inversion layer and primary distinction of the viticultural California, 7.5 minute series, with a just at the top of the marine layer. area is its unique combination of shape, Typically, the marine layer ceiling is elevation, orientation and relative scale of 1:24,000. approximately 1,400 feet on average. location to the marine influences of the Executive Order 12866 The southern or bottom rim of the Pacific Ocean. The viticultural area lies canyon acts as a barrier to the marine within a clearly defined valley with a It has been determined that this layer, preventing the bulk of the coastal ‘‘bowl’’ shape resting high on the regulation is not a significant regulatory fog and low clouds from penetrating the oceanside of the Santa Monica action as defined by Executive Order valley for extended periods of time. This Mountains. These physical features 12866. Accordingly, this proposal is not allows the ‘‘Malibu-Newton Canyon’’ create a pocket which harbors the subject to the analysis required by this viticultural area to enjoy favorable distinct microclimatic described above. executive order. cooling effects of the Pacific ocean and The petitioner provided aerial photos to Regulatory Flexibility Act have the warm sunny daytime illustrate these physical features. temperatures found in the adjacent Drainage It is hereby certified that this interior valleys. regulation will not have a significant Nearby inland areas experience All of the viticultural area drains into economic impact on a substantial uniformly hot summer temperatures Newton Canyon Creek, continuing to number of small entities. The similar to those experienced in the Zuma Creek which then drains into the establishment of a viticultural area is upper elevations on the oceanside of the Pacific Ocean at Point Dume’s westward neither an endorsement nor approval by Santa Monica Mountains. However, beach, according to the petitioner. ATF of the quality of wine produced in these inland areas receive little or no fog the area, but rather an identification of and much less precipitation than the Soils oceanside regime, according to the As evidence of soil types, the an area that is distinct from surrounding petitioner. petitioner provided a 1994 soils study areas. ATF believes that the An additional distinctive aspect is an completed by Soil & Plant Laboratory, establishment of viticultural areas increasing amount of precipitation with Inc., Orange, California, in addition to merely allows wineries to describe more increasing elevation. The petitioner ‘‘Soils of the Malibu Area California’’ accurately the origin of their wines to states that upland weather stations published by the Soil Conservation consumers, and helps consumers report practically twice the mean Service, United States Department of identify the wines they purchase. Thus, precipitation of the nearby lowland Agriculture. any benefit derived from the use of a stations. Furthermore, the greatest According to this information, major viticultural area name is the result of the monthly precipitation during the rainy soils within the viticultural area range proprietor’s own efforts and consumer season is from 1.5 to 3.0 times as great from loam to clay loam in texture. acceptance of wines from that area. as that for the lowland stations. Subsoil texture ranges from clay loam to Accordingly, a regulatory flexibility Precipitation is concentrated in the clay. Current plantings are mainly on analysis is not required because this winter months. The average annual Castaic and Rincon silty clay loams and final rule is not expected (1) to have rainfall is about 24 inches, with Malibu loam which are lower elevation significant secondary, or incidental approximately 12 percent occurring terrace soils that are moderately deep, effects on a substantial number of small from the months of April to October. with favorable Capability Class ratings entities; or (2) to impose, or otherwise The viticultural area experiences of II to IV. Steeper hillside soils (mostly cause a significant increase in the typical low temperatures in the winter above the 1,700 foot contour line) are reporting, recordkeeping, or other time, just above freezing temperatures. shallower with Capability Class ratings compliance burdens on a substantial Infrequent winter freezes have been ranging from IV to VIII. number of small entities. known to occur during the dormant Soils in the viticultural area have winter growing cycle. moderate to high inherent fertility. Soil Paperwork Reduction Act In summary, the petitioner states that reaction in surface soils ranges from the viticultural area is characterized by moderately acid to slightly alkaline. The provisions of the Paperwork an isolated microclimate that captures Subsoil ph varies with type and several Reduction Act of 1980, Pub. L. No. 96– the favorable climatic conditions areas are calcareous. 511, 44 U.S.C. Chapter 35, and its necessary for premium wine grape According to the petitioner, soil tests implementing regulations, 5 CFR Part growing. In contrast, the petitioner performed prior to the planting of 1320, do not apply to this rulemaking states that the surrounding areas found vineyards in 1988 revealed that the because no requirement to collect on the oceanside of the Santa Monica topsoil found in much of lower Newton information is proposed. Mountains (i.e, Malibu, Oxnard, Santa Canyon contained crushed rock, as a Drafting Information Monica) are uniformly cool and result of the construction of the nearby overcast. Surrounding inland areas Kanan Dume Road tunnel, which is The principal author of this document found on the leeside of the Santa ideal for good drainage. is David Brokaw, Wine, Beer and Spirits Monica Mountains (i.e, Thousand Oaks, The surrounding areas are mainly Regulations Branch, Bureau of Alcohol, Agoura, Woodland Hills) are uniformly steep hillsides and mountainous Tobacco and Firearms.

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List of Subjects in 27 CFR Part 9 northern ridgeline of Newton Canyon to origin on wine labels and in wine Administrative practices and Latigo Canyon Road in section 18. advertisements. On October 2, 1979, procedures, Consumer protection, (7) Then southwest along the natural ATF published Treasury Decision ATF– Viticultural areas, and Wine. ridgeline of Newton Canyon to the 60 (44 FR 56692) which added a new intersection of Kanan Dume Road and Part 9 to 27 CFR, for the listing of Authority and Issuance the 1,600 foot contour line in the approved American viticultural areas. Title 27, Code of Federal Regulations, southeastern portion of section 13. Section 4.25a(e)(1), Title 27 CFR, Part 9, American Viticultural Areas, is (8) Then southeasterly along Kanan defines an American viticultural area as amended as follows: Dume Road to the beginning point. a delimited grape-growing region Signed: May 7, 1996. distinguishable by geographical PART 9ÐAMERICAN VITICULTURAL features, the boundaries of which have Bradley C. Buckles, AREAS been delineated in Subpart C of Part 9. Acting Director. Par. 1. The authority citation for Part Section 4.25a(e)(2) outlines the 9 continues to read as follows: Approved: May 24, 1996. procedure for proposing an American Authority: 27 U.S.C. 205. John P. Simpson, viticultural area. Any interested person Deputy Assistant Secretary (Regulatory, Tariff may petition ATF to establish a grape- Subpart CÐApproved American and Trade Enforcement). growing region as a viticultural area. Viticultural Areas [FR Doc. 96–14857 Filed 6–12–96; 8:45 am] The petition should include: BILLING CODE 4810±31±P (a) Evidence that the name of the Par. 2. Subpart C is amended by proposed viticultural area is locally adding § 9.152 to read as follows: and/or nationally known as referring to * * * * * Bureau of Alcohol, Tobacco, and the area specified in the petition; § 9.152 Malibu-Newton Canyon. Firearms (b) Historical or current evidence that the boundaries of the viticultural area (a) Name. The name of the viticultural 27 CFR Part 9 are as specified in the petition; area described in this petition is [T.D. ATF±377; Ref: Notice No. 818, T.D. (c) Evidence relating to the ‘‘Malibu-Newton Canyon.’’ geographical features (climate, soil, (b) Approved maps. The appropriate ATF±148] elevation, physical features, etc.) which map for determining the boundary of RIN 1512±AA07 distinguish the viticultural features of the Malibu-Newton Canyon viticultural the proposed area from surrounding area is the U.S.G.S. map, ‘‘Point Dume Extension Of The Paso Robles areas; Quadrangle, California’’ (7.5 Minute Viticultural Area (93F±026T) (d) A description of the specific Series 1:24,000 Topographic map, boundaries of the viticultural area, photorevised 1981). AGENCY: Bureau of Alcohol, Tobacco (c) Boundary. The Malibu-Newton and Firearms (ATF), Department of based on the features which can be Canyon viticultural area is located in Treasury. found on United States Geological Los Angeles County, California. The ACTION: Final rule. Treasury decision. Survey (U.S.G.S.) maps of the largest boundary is as follows: applicable scale; and (1) Beginning at the intersection of the SUMMARY: This final rule extends the (e) A copy of the appropriate U.S.G.S. Newton Canyon creek (lowest elevation) western border of the Paso Robles map with the boundaries prominently and an unnamed medium duty road viticultural area in San Luis Obispo marked. referred to by the petitioner as Kanan County, California. This extension will Petition Dume Road at the boundary of section include vineyard land similar to land in The original petition to extend the 13 and 18 on the U.S.G.S. map ‘‘Point the current Paso Robles viticultural area western border of the Paso Robles Dume Quadrangle.’’ which was established on October 4, (2) Then south along Kanan Dume 1983, by the issuance of Treasury viticultural area was filed in July 1993, Road to the point where an unnamed, Decision ATF–148 (48 FR 45241). This by Justin C. Baldwin as spokesperson unimproved dirt road referred to by the extension of the western border adds for his own vineyard and winery and for petitioner as Ramerez Mountain Way approximately 52,618 acres, of which five other vineyards in the area. All of crosses over Kanan Dume Road at the 235 acres are being planted to the vineyards and the winery, which are tunnel in the northwest corner of vineyards. located outside the western border of the current Paso Robles viticultural area, section 19. EFFECTIVE DATE: August 12, 1996. (3) Then east along Ramerez were established after the original Paso FOR FURTHER INFORMATION CONTACT: Robles viticultural area was approved. Mountain Way, following the southern Mary Lou Blake, Wine, Beer, and Spirits ridgeline of Newton Canyon, to Latigo At the time Mr. Baldwin submitted his Regulations Branch, Bureau of Alcohol, Canyon Road in the southwest corner of petition additional information was still Tobacco and Firearms, 650 section 17. needed to complete the petition. Until (4) Then south along Latigo Canyon Massachusetts Avenue, NW., the additional information could be Road to an unnamed, unimproved dirt Washington, DC 20226 (202–927–8210). obtained, the original petition was road referred to by the petitioner as SUPPLEMENTARY INFORMATION: returned to Mr. Baldwin. July Ackerman, Executive Director of Newton Mountain Way at the southern Background boundary of section 17. the Paso Robles Vintners and Growers (5) Then northeast along Newton On August 23, 1978, ATF published Association, later resubmitted the Mountain Way, following the Treasury Decision ATF–53 (43 FR petition in December 1994. Ms. southeastern ridgeline of Newton 37672, 54624) revising regulations in 27 Ackerman, in her official role as Canyon, to an unnamed, unimproved CFR Part 4. These regulations allow the Executive Director, along with members dirt road referred to by the petitioner as establishment of definitive American of the Paso Robles Vintners and Growers Castro Mountain Way in section 16. viticultural areas. The regulations allow Association, supported the extension. (6) Then west along Castro Mountain the name of an approved viticultural The petition also included the names of Way, past Castro Peak, following the area to be used as an appellation of 71 people in the grape and wine

VerDate 29-MAY-96 20:21 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\P13JN0.PT1 13jnr1 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations 29953 industries who supported the expansion Historically, the Santa Lucia Obispo,’’ scale 1:250,000 (1956, revised area. Mountain range has been known as the 1969). Ms. Ackerman stated the expansion western border of the Paso Robles area. Paperwork Reduction Act area has always been considered a part All seven of the vineyards planted since of the Paso Robles Wine Country. In 1983 are located east of the Santa Lucia The provisions of the Paperwork fact, the petition noted that the Mountain Range, just beyond the Reduction Act of 1980, Pub. L. 96–511, expansion area was included in the western border of the current Paso 44 U.S.C. Chapter 35, and its original petition but was removed due Robles Viticultural area and north of the implementing regulations, 5 CFR Part to a petition involving a contiguous York Mountain viticultural area. 1320, do not apply to this final rule area. The expansion area is between the In addition, the expansion area because no requirement to collect boundaries set forth in these two contains the same telephone number information is imposed. petitions. In 1989 the Paso Robles prefixes and post office zip codes as the Regulatory Flexibility Act Chamber of Commerce published ‘‘A existing viticultural area. Further, the History and Tour Guide of the Paso expansion area utilizes the same It is hereby certified that this Robles Wine Country.’’ Included in this government services (i.e. schools, fire regulation will not have a significant publication was one of the vineyards departments, etc.) as the existing economic impact on a substantial and wineries located in the expansion viticultural area. number of small entities. Any benefit area. As noted, the expansion area was derived from the use of a viticultural also originally included in the petition Geographical Evidence area name is the result of the for the current Paso Robles viticultural The petitioner provided geographical proprietor’s own efforts and consumer area. However, a concurrent petition evidence derived from the ‘‘Soil Survey acceptance of wines from that region. was being considered for the York of San Luis Obispo County, California’’ No new recordkeeping or reporting Mountain viticultural area and to —Paso Robles Area. This survey was a requirements are imposed. Accordingly, prevent any intrusion into York cooperative effort of the Soil a regulatory flexibility analysis is not Mountain the petitioner for Paso Robles Conservation Service and the University required. amended the southwestern border. At of California Agriculture Experiment Executive Order 12866 the same time, the western boundary Station. Petitioner’s data also reflects was amended to begin at the next most information collected from airports, It has been determined that this eastern range line. At the time of this forestry stations, city and county regulation is not a significant regulatory amendment, no vineyards had been historical records and individual action as defined by Executive Order established in the area beyond the agriculturalists. 12866. Therefore, a regulatory amended western boundary. The expansion area is characterized assessment is not required. The expanded western border of the by rolling hills, 750 feet to 1800 feet, Paso Robles viticultural area will Drafting Information similar to the current Paso Robles continue to maintain a southwestern The principal author of this document appellation and unlike the more border adjacent to York Mountain’s is Mary Lou Blake, Wine, Beer, and mountainous area of York Mountain. northern border. This expansion would Spirits Regulations Branch, Bureau of Soils generally consist of Nacimiento add approximately 52,618 acres to the Alcohol, Tobacco and Firearms. Ayar, Nacimento Los Osos Balcom existing viticultural area. Since the final Series and Linne-Calodo Series, three of List of Subject in 27 CFR Part 9 rule for the Paso Robles viticultural area the four soil types found in the current was published in 1983, seven vineyards Administrative practices and appellation. have been planted in the expansion procedures, Consumer protection, area. Temperatures in the expansion area Viticultural areas, and Wine. are the same as the current appellation, Notice of Proposed Rulemaking ranging between 20–110 degrees Authority and Issuance In response to Ms. Ackerman’s Fahrenheit. Rainfall in the current Title 27, Code of Federal Regulations, petition, ATF published a notice of appellation is between 10 and 25 inches Part 9, American Viticultural Areas, is proposed rulemaking, Notice No. 818, in per year. The expansion area averages amended as follows: the Federal Register on January 10, 25 inches per year maintaining a 1996 (61 FR 706), proposing the similarity with the current appellation PART 9ÐAMERICAN VITICULTURAL extension of the western border. This and less than the 45 inches per year AREAS notice requested comments from all within the York Mountain Viticultural Paragraph 1. The authority citation interested persons. Written comments Area. Degree days of 2500—3500 are for Part 9 continues to read as follows: were to be received on or before April also the same for both the current 9, 1996. No comments were received in appellation and the expansion area. Authority: 27 U.S.C. 205. Par. 2. Subpart C is amended by response to Notice No. 818. Boundaries revising section 9.84(c) to read as Historical and Current Evidence The boundaries for the extension of follows: The name of the area comes from the the Paso Robles viticultural area use Spanish name ‘‘El Paso de Robles’’ range and township lines, the county Subpart CÐApproved American (meaning ‘‘the Pass of the Oaks’’), which line and other points of reference. These Viticultural Areas was given to the area by travelers same features are used as boundaries for * * * * * between the missions of San Miguel and the existing Paso Robles viticultural San Luis Obispo. A land grant, in this area. § 9.84 Paso Robles. name, was conveyed by Governor The points of reference for the * * * * * Micheltorena to Pedro Narvaez on May boundaries of the current viticultural (c) Boundaries. The Paso Robles 12, 1844. This land grant included the area and the expansion area are found viticultural area is located within San present area of Paso Robles, Templeton, on United States Geological Survey Luis Obispo County, California. From and Adelaida. (U.S.G.S.) map entitled ‘‘San Luis the point of beginning where the county

VerDate 29-MAY-96 20:21 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\P13JN0.PT1 13jnr1 29954 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations lines of San Luis Obispo, Kings and Statement of Procedural Rules, which contained in 31 CFR part 1. Part 1 Kern Counties converge, the county line are duplicated in 31 CFR Part 1, contains the regulations of the also being the township line between Disclosure of Records. It also transfers Department of Treasury concerning T.24S. and T.25S., in R.16E.: certain regulations from 27 CFR Part 71 disclosure of records, and provides (1) Then in a westerly direction along to 27 CFR Part 70, resulting in the Appendices specifically relating to the this county line for 42 miles to the range elimination of Part 71. component Bureaus of the Treasury line between R.9E. and R.10E.; EFFECTIVE DATE: This final rule is Department, including ATF. (2) Then in a southerly direction for effective August 12, 1996. ATF has decided that it is 12 miles along the range line to the FOR FURTHER INFORMATION CONTACT: unnecessary to provide identical southwest of corner of T.26S. and Nancy Bryce, Tax Compliance Branch, information regarding the disclosure of R.10E.; (202–927–8220) or Eric O’Neal, records in two separate titles of the (3) Then in a southeasterly direction, Disclosure Branch, (202–927–8480), Code of Federal Regulations. Thus, we approximately 5.5 miles to a point of Bureau of Alcohol, Tobacco and are removing sections 71.21—71.25 and intersection of the Dover Canyon Jeep Firearms, 650 Massachusetts Avenue, Appendix A. So that users of Title 27 will know where to look for the ATF Trail and Dover Canyon Road; NW, Washington, DC 20226. (4) Then in an easterly direction along regulations on disclosure of records, we Dover Canyon Road, approximately 1.5 SUPPLEMENTARY INFORMATION: have added a new section which cross- miles, to the western border line of Background references the disclosure regulations of Rancho Paso de Robles; the Department of Treasury. The new (5) Then, following the border of the On February 21, 1995, President section also informs the public that Paso Robles land grant, beginning in an Clinton announced a regulatory reform inquiries regarding the disclosure of easterly direction, to a point where it initiative. As part of this initiative, each ATF records may be directed to the intersects the range line between R.11E. Federal agency was instructed to Chief, Disclosure Branch. The appendix and R.12E.; conduct a page by page review of all in 31 CFR part 1 relating to ATF will be (6) Then southeasterly for agency regulations to identify those updated to reflect the locations where approximately 16.5 miles to the point of which are obsolete or burdensome and the public may inspect and copy ATF intersection of the township line those whose goals could be better documents. between T.29S. and T.30S. and the achieved through the private sector, Certain sections within part 71 range line between R.12E. and R.13E.; self-regulation or state and local contain information which is not found (7) Then in an easterly direction for governments. In cases where the in 31 CFR part 1. Section 71.26 provides approximately 6 miles to the range line agency’s review disclosed regulations rules for disclosure of certain specified between R.13E. and R.14E.; which should be revised or eliminated, matters relating to ATF. Section 71.27 (8) Then in a northerly direction for the agency would, as soon as possible, explains the procedures for requesting approximately 6 miles to the township propose administrative changes to its or demanding disclosure of records or line between T.28S. and T.29S.; regulations. information in testimony or related (9) Then in an easterly direction for The page by page review of all matters. Section 71.41 explains the approximately 18 miles to the range line regulations was completed as directed procedures for issuing rules and between R.16E. and R.17E.; by the President. In addition, on April regulations. Section 71.42 deals with the (10) Then in a northerly direction for 13, 1995, the Bureau published Notice issuance of forms and instructions. All approximately 24 miles to the point of No. 809 (60 FR 18783) in the Federal of these sections will be moved to 27 beginning. Register requesting comments from the CFR part 70, since they relate to public regarding which ATF regulations Signed: May 17, 1996. procedure and administration. In could be improved or eliminated. As a addition, the pertinent sections in part Bradley A. Buckles, result of the Bureau’s analysis of its 70 relating to the scope of the part, and Acting Director. regulations and the public comments the definitions of terms used in the part, Approved: May 24, 1996. received, a number of regulatory are amended to reflect the new sections John P. Simpson, initiatives were developed which are incorporated from part 71. Deputy Assistant Secretary (Regulatory, Tariff intended to accomplish the President’s As a result of these changes, part 71 and Trade Enforcement). goals. will be removed from the Code of Pursuant to the President’s directive, [FR Doc. 96–14854 Filed 6–12–96; 8:45 am] Federal Regulations. Certain other ATF reviewed 27 CFR part 71, BILLING CODE 4810±31±U minor technical changes have been Statement of Procedural Rules. ATF made to the regulations which have determined that there were regulations been redesignated in this final rule. Bureau of Alcohol, Tobacco and in part 71 which were largely Paperwork Reduction Act Firearms duplicative of regulations found in 31 CFR part 1, Disclosure of Records. ATF The provisions of the Paperwork 27 CFR Parts 70 and 71 also decided that certain regulations in Reduction Act of 1980, Public Law 96– [T.D. ATF±378; CRT 93±137] part 71 should be transferred to 27 CFR 511, 44 U.S.C. Chapter 35, and its part 70, Procedure and Administration, implementing regulations, 5 CFR Part RIN 1512±AB53 since they were related to the subject 1320, do not apply to this final rule Statement of Procedural Rules matter of part 70. because no requirement to collect Part 71 deals primarily with the information is imposed. AGENCY: Bureau of Alcohol, Tobacco procedures for the disclosure of records and Firearms (ATF), Department of the and the publication of rules, regulations, Regulatory Flexibility Act Treasury. forms, and instructions. ATF has The provisions of the Regulatory ACTION: Treasury Decision, final rule. determined that the information Flexibility Act relating to a final contained in sections 71.21, 71.22, regulatory flexibility analysis (5 U.S.C. SUMMARY: This Treasury decision 71.23, 71.24, and 71.25 is largely 604) are not applicable to this final rule removes regulations in 27 CFR Part 71, duplicative of information already because the agency was not required to

VerDate 29-MAY-96 20:21 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\P13JN0.PT1 13jnr1 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations 29955 publish a notice of proposed rulemaking 6862, 6863, 6901, 7011, 7101, 7102, 7121, Subpart HÐRules, Regulations and under 5 U.S.C. 553 or any other law. 7122, 7207, 7209, 7214, 7304, 7401, 7403, Forms 7406, 7423, 7424, 7425, 7426, 7429, 7430, Executive Order 12866 7432, 7502, 7503, 7505, 7506, 7513, 7601– Par. 7. The newly redesignated It has been determined that this rule 7606, 7608–7610, 7622, 7623, 7653, 7805. § 70.701 is amended by revising the first is not a significant regulatory action, §§ 71.26, 71.27, 71.41 and 71.42 sentence of paragraph (a)(1), the first because (1) it will not have an annual [Redesignated] sentence in paragraph (d)(1) and the effect on the economy of $100 million ninth sentence in paragraph (d)(1), or more or adversely affect in a material Par. 2–3. Sections 71.26, 71.27, 71.41 removing the last sentence in paragraph way the economy, a sector of the and 71.42 are redesignated as follows: (d)(1), and removing the last sentence in paragraph (d)(2)(i)(B) to read as follows. economy, productivity, competition, New sec- jobs, the environment, public health or Old section tion § 70.701 Rules and regulations. safety, or State, local or tribal governments or communities; (2) Create 71.26 ...... 70.802 (a) Formulation. (1) Alcohol, tobacco, a serious inconsistency or otherwise 71.27 ...... 70.803 firearms, and explosives rules take interfere with an action taken or 71.41 ...... 70.701 various forms. * ** planned by another agency; (3) 71.42 ...... 70.702 * * * * * Materially alter the budgetary impact of (d) Publication of rules and entitlements, grants, user fees, or loan Par. 4. Section 70.1 is amended by regulations. (1) General. All Bureau of programs or the rights and obligations of adding paragraphs (e) and (f) to read as Alcohol, Tobacco and Firearms recipients thereof; or (4) Raise novel follows: regulations and amendments thereto are legal or policy issues arising out of legal § 70.1 General. published as Treasury Decisions which mandates, the President’s priorities, or appear in the Federal Register, the Code the principles set forth in Executive * * * * * of Federal Regulations, and the Order 12866. (e) The regulations in Subpart H of quarterly Alcohol, Tobacco and this part relate to rules, regulations and Administrative Procedure Act Firearms (ATF) Bulletin. * * * The forms. The most important rules are Bulletin is published quarterly and may Because this final rule merely makes issued as Treasury decisions. This be obtained, on a subscription basis, technical amendments and conforming subpart also applies to the development from the Superintendent of Documents, changes to improve the clarity of the and availability of tax return forms and U.S. Government Printing Office, regulations, and removes information instructions and other forms and Washington, DC 20402. found elsewhere in the regulations, it is instructions. * * * * * unnecessary to issue this Treasury (f) The regulations in Subpart I of this Par. 8. The newly redesignated decision with notice and public part relate to the disclosure of matters § 70.702 is amended by revising the first procedure under 5 U.S.C. 553(b). such as accepted offers in compromise, sentence of paragraph (a) to read as Drafting Information applications for permits, certificates of follows. label approval, true identities of The principal author of this document companies authorized to use trade § 70.702 Forms and instructions. is Nancy Bryce, Tax Compliance names, information relating to the tax (a) Tax return forms and instructions. Branch, Bureau of Alcohol, Tobacco and classification of a roll of tobacco Tax forms and instructions are Firearms. wrapped in reconstituted tobacco, and developed by the Bureau to explain the List of Subjects in 27 CFR Part 70 comments received in response to a requirements of Chapters 32, 51, 52, and notice of proposed rulemaking. This Administrative practice and 53 of Title 26 of the United States Code subpart also applies to requests or procedure, Authority delegations, or regulations issued thereunder, and demands for disclosure in testimony Claims, Customs duties and inspection, are issued for the assistance of taxpayers and in related matters. Disaster assistance, Excise taxes, in exercising their rights and Freedom of information, Government Par. 5. Section 70.11 is amended by discharging their duties under such employees, Law enforcement, Law adding two definitions in alphabetical laws and regulations. * ** enforcement officers, Privacy. order to read as follows: * * * * * § 70.11 Meaning of Terms Par. 9 . A new section 70.801 is added Authority and Issuance to read as follows: Chapter I of title 27, Code of Federal * * * * * Regulations is amended as follows: Delegate. Any officer, employee, or § 70.801 Publicity of information. agency of the Department of the For information relating to the Part 70ÐPROCEDURE AND Treasury authorized by the Secretary of disclosure of records that is not ADMINISTRATION the Treasury directly, or indirectly by contained in this Subpart I, see 31 CFR one or more redelegations of authority, Part 1 and the Appendix of that Part Paragraph 1. The authority citation to perform the function mentioned or relating to the Bureau of Alcohol, for Part 70 continues to read as follows: described in the delegation order. Tobacco and Firearms. Direct further Authority: 5 U.S.C. 301 and 552; 26 U.S.C. * * * * * questions to the Chief, Disclosure 4181, 4182, 5064, 5146, 5203, 5207, 5275, Secretary. The Secretary of the Branch, Washington, DC 20226, (202) 5367, 5415, 5504, 5555, 5684(a), 5741, 927–8480. 5761(b), 5802, 6020, 6021, 6064, 6102, 6155, Treasury or designated delegate. Par. 10. 27 CFR Part 70 is amended by 6159, 6201, 6203, 6204, 6301, 6303, 6311, * * * * * 6313, 6314, 6321, 6323, 6325, 6326, 6331– adding a heading for Subpart I, 6343, 6401–6404, 6407, 6416, 6423, 6501– Par. 6. 27 CFR Part 70 is amended by immediately preceding the new 6503, 6511, 6513, 6514, 6532, 6601, 6602, adding a heading for Subpart H, § 70.801, to read as follows: 6611, 6621, 6622, 6651, 6653, 6656, 6657, immediately preceding the redesignated 6658, 6665, 6671, 6672, 6701, 6723, 6801, § 70.701, to read as follows: Subpart IÐDisclosure

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Par. 11. The newly redesignated (g) Comments received in response to 511, 44 U.S.C. Chapter 35, and its § 70.802 is amended by revising the first a notice of proposed rulemaking. *** implementing regulations, 5 CFR part sentence in paragraph (a), the first and Comments may be inspected in the 1320, do not apply to this final rule third sentences in paragraph (d), the Disclosure Branch, Bureau of Alcohol, because there are no recordkeeping or first sentence in paragraph (f) and the Tobacco and Firearms, Washington, DC reporting requirements. second and last sentences in paragraph 20226. * * * The provisions of 31 CFR Regulatory Flexibility Act (g) to read as follows: 1.7, relating to fees, apply with respect to requests made in accordance with Because no notice of proposed § 70.802 Rules for disclosure of certain this paragraph. rulemaking is required for this rule, the specified matters. provisions of the Regulatory Flexibility (a) Accepted offers in compromise. PART 71ÐSTATEMENT OF Act (5 U.S.C. 601 et seq.) does not For each offer in compromise submitted PROCEDURAL RULESÐ [REMOVED] apply. and accepted pursuant to 26 U.S.C. 7122 in any case arising under Chapter 32 Par. 12. 27 CFR Part 71 is removed. Executive Order 12866 (relating to firearms and ammunition Signed: May 20, 1996. It has been determined that this rule excise taxes) and Subtitle E (relating to John W. Magaw, is not a significant regulatory action alcohol, tobacco, and certain other Director. because it will not, (1) Have an annual effect on the economy of $100 million excise taxes) of Title 26 of the United Approved: May 24, 1996. States Code, under section 107 of the or more or adversely affect in a material Deputy Assistant Secretary (Regulatory, Tariff way the economy, a sector of the Federal Alcohol Administration Act (27 and Trade Enforcement). U.S.C. 207) in any case arising under economy, productivity, competition, [FR Doc. 96–14855 Filed 6–12–96; 8:45 am] that Act, or in connection with property jobs, the environment, public health or seized under Title I of the Gun Control BILLING CODE 4810±31±U safety, or State, local or tribal Act of 1968 (18 U.S.C., Chapter 44) or governments or communities; (2) Create a serious inconsistency or otherwise title XI of the Organized Crime Control 27 CFR Part 200 Act of 1970 (18 U.S.C., Chapter 40), a interfere with an action taken or copy of the abstract and statement [T.D. 374] planned by another agency; (3) relating to the offer shall be kept Materially alter the budgetary impact of available for public inspection, for a RIN 1512±AB56 entitlements, grants, user fees, or loan period of 1 year from the date of Technical Amendments programs or the rights and obligations of acceptance, in the office of the regional recipients thereof; or (4) Raise novel director (compliance) who received the AGENCY: Bureau of Alcohol, Tobacco legal or policy issues arising out of legal offer and in the office of the Assistant and Firearms (ATF) Treasury. mandates, the President’s priorities, or Director (Liaison and Public ACTION: Final rule, Treasury decision. the principles set forth in Executive Information), Bureau of Alcohol, Order 12866. SUMMARY: This Treasury decision Tobacco and Firearms, Washington, DC Administrative Procedures Act 20226. * * * changes the titles Regional Regulatory (d) Information relating to certificates Administrator and Regional Director Because this final rule merely makes of label approval for distilled spirits, (Compliance) to District Director. All technical amendments and conforming wine, and malt beverages. Upon written changes are to provide clarity and changes to improve the clarity of the request, the Chief, Alcohol and Tobacco uniformity throughout title 27 Code of regulations, it is unnecessary to issue Programs Division, Bureau of Alcohol, Federal Regulations. this final rule with notice and public Tobacco and Firearms, Washington, DC EFFECTIVE DATE: June 13, 1996. procedure under 5 U.S.C. 553(b). 20226, shall furnish information as to FOR FURTHER INFORMATION CONTACT: Julie Drafting Information the issuance, pursuant to section 105(e) F. Cox, Tax Compliance Branch, 650 The principal author of this document of the Federal Alcohol Administration Massachusetts Avenue, NW., is Julie F. Cox, Tax Compliance Branch, Act (27 U.S.C. 205(e)) and Part 4, 5, or Washington, DC 20226, (202–927–8220). Bureau of Alcohol, Tobacco and 7 of this chapter, of certificates of label SUPPLEMENTARY INFORMATION: The Firearms. approval, or of exemption from label Bureau of Alcohol, Tobacco and approval, for distilled spirits, wine, or Firearms (ATF) administers regulations List of Subjects in 27 CFR 200 malt beverages. * * * The person published in chapter I of title 27 Code Administrative practice and making the request may obtain of Federal Regulations. Upon reviewing procedure, Authority delegations. reproductions or certified copies of such title 27 for the annual revision, ATF Authority and Issuance certificates upon payment of the determined that the regulations in part established fees prescribed by 31 CFR 200 should be revised to reflect the ATF Title 27, Code of Federal Regulations 1.7. * * * field structure reorganization that is amended as follows: * * * * * established District Directors in place of (f) Information relating to the tax the Regional Directors (Compliance) PART 200ÐRULES OF PRACTICE IN classification of a roll of tobacco (formerly Regional Regulatory PERMIT PROCEEDINGS wrapped in reconstituted tobacco. Upon Administrators). Paragraph 1. The authority citation written request, the Deputy Associate These amendments do not make any for part 200 continues to read as Director (Regulatory Enforcement substantive changes and are only follows: Programs), Bureau of Alcohol, Tobacco intended to improve the clarity of title and Firearms, Washington, DC 20226, 27. Authority: 26 U.S.C. 7805, 27 U.S.C. 204. shall furnish information as to a Bureau Part 200Ð[AMENDED] determination of the tax classification of Paperwork Reduction Act a roll of tobacco wrapped in The provisions of the Paperwork Par. 3. Section 200.5 is amended by reconstituted tobacco. * ** Reduction Act of 1980, Public Law 96– removing the definition of ‘‘Regional

VerDate 29-MAY-96 20:21 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\P13JN0.PT1 13jnr1 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations 29957 regulatory administrator’’, adding the (pp) Section 200.116; Information, Division of Consumer definition ‘‘District director’’, and by (qq) Section 200.117; Affairs, Room N–3647, Department of revising the following terms to read as (rr) Section 200.126; Labor, 200 Constitution Ave., N.W., follows: (ss) Section 200.129. Washington, D.C. 20210; Telephone * * * * * Par. 5. Before § 200.107 the (202) 219–8151. Attorney for the Government. The undesignated section heading is SUPPLEMENTARY INFORMATION: This Attorney in the office of the Chief amended by removing the words document contains corrections to the Counsel (assigned to the National or ‘‘Regional Director (Compliance)’’ and final rule for Personal Protective district office) authorized to represent adding the words ‘‘District Director’’ in Equipment for Shipyard Employment, the district director in the proceeding. place thereof. which was published on May 24, 1996 * * * * * § 200.27 [Amended] (61 FR 26322). As published, the final rule contained an error in the placement District director. The principal ATF Par. 6. Section 200.27 heading is district official responsible for of Note 1 to § 1915.152(b) in the amended by removing the words regulatory text of the final rule. administering the regulations in this ‘‘regional director (compliance)’’ and part. adding the words ‘‘district director’’ in Authority: This document was prepared * * * * * place thereof. under the direction of Joseph A. Dear, Initial decision. The decision of the Assistant Secretary of Labor for Occupational district director or administrative law § 200.107a [Amended] Safety and Health, U.S. Department of Labor, judge in a proceeding on the Par. 7. Section 200.107a heading is 200 Constitution Avenue, NW., Washington, D.C. 20210. suspension, revocation or annulment of revised by removing the words a permit. ‘‘Regional director’s’’ and adding the Signed at Washington, DC this 10th day of June, 1996. words ‘‘District director’s’’ in place * * * * * Joseph A. Dear, Par. 4. Remove the phrase ‘‘regional thereof. Assistant Secretary of Labor. director (compliance)’’ each place it Signed: May 17, 1996. appears and add, in place thereof, the Bradley A. Buckles, Accordingly, the publication on May 24, 1996 of Personal Protective phrase ‘‘district director’’ in the Acting Director. following sections: Equipment for Shipyard Employment (a) Section 200.25; Approved: May 24, 1996. (61 FR 26322) is hereby corrected as set (b) Section 200.27; John P. Simpson, forth below. (c) Section 200.29; Deputy Assistant Secretary (Regulatory, Tariff § 1915.152 [Corrected] (d) Section 200.31; and Trade Enforcement). (e) Section 200.35; [FR Doc. 96–14856 Filed 6–12–96; 8:45 am] 1. On page 26352, in the third (f) Section 200.36; BILLING CODE 4810±31±U column, paragraph (b) is corrected to (g) Section 200.37; read: (h) Section 200.38; * * * * * (i) Section 200.45; DEPARTMENT OF LABOR (b) Hazard assessment and (j) Section 200.46; equipment. The employer shall assess (k) Section 200.48; Occupational Safety and Health its work activity to determine whether (l) Section 200.49; Administration there are hazards present, or likely to be (m) Section 200.49a; present, which necessitate the (n) Section 200.49b; 29 CFR Part 1915 employee’s use of PPE. If such hazards (o) Section 200.55(a); [Docket No. S±045] are present, or likely to be present, the (p) Section 200.57; employer shall: (q) Section 200.59; RIN 1218±AA74 (AB06) (1) Select the type of PPE that will (r) Section 200.60(a), (b) and (c); protect the affected employee from the Personal Protective Equipment for (s) Section 200.61; hazards identified in the occupational Shipyard Employment (PPE) (t) Section 200.62; hazard assessment; (u) Section 200.63; AGENCY: Occupational Safety and Health (2) Communicate selection decisions (v) Section 200.64(a), (b) and (c); Administration, Department of Labor. to affected employees; (w) Section 200.65; ACTION: Final Rule; corrections. (3) Select PPE that properly fits each (x) Section 200.70; affected employee; and (y) Section 200.71; SUMMARY: This document makes (4) Verify that the required (z) Section 200.72; corrections to the final rule on Personal occupational hazard assessment has (aa) Section 200.73; Protective Equipment for Shipyard been performed through a document (bb) Section 200.75; Employment, which was published in that contains the following information: (cc) Section 200.78; the Federal Register on May 24, 1996 at occupation, the date(s) of the hazard (dd) Section 200.79(b); 61 FR 26322. assessment, and the name of the person (ee) Section 200.80; performing the hazard assessment. (ff) Section 200.85; EFFECTIVE DATE: Section 1915.152(b) (gg) Section 200.95; will not become effective until an Office Note 1 to paragraph (b): A hazard (hh) Section 200.105; of Management and Budget (OMB) assessment conducted according to the trade (ii) Section 200.106; control number is received and or occupation of affected employees will be (jj) Section 200.107; displayed for this ‘‘collection of considered to comply with paragraph (b) of this section, if the assessment addresses any (kk) Section 200.107a; information’’ in accordance with the Paperwork Reduction Act of 1995 (44 PPE-related hazards to which employees are (ll) Section 200.108; exposed in the course of their work activities. (mm) Section 200.109; U.S.C. 3501 et seq.). Note 2 to paragraph (b): Non-mandatory (nn) Section 200.110; FOR FURTHER INFORMATION CONTACT: Ms. Appendix A to this subpart contains (oo) Section 200.115; ANNE C. CYR, Acting Director, Office of examples of procedures that will comply

VerDate 29-MAY-96 20:21 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\P13JN0.PT1 13jnr1 29958 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations with the requirement for an occupational City, to Portsmouth, VA, and relocated with the disestablishment of the Second hazard assessment. the Eleventh District office from Long District as a result of its merger into the * * * * * Beach, CA, to Alameda, CA. The Eighth District. [FR Doc. 96–15052 Filed 6–12–96; 8:45 am] Atlantic and Pacific Area Commanders § 3.10–10 through 03.10–50. These BILLING CODE 4510±26±P also serve as the Fifth and Eleventh sections, describing the six Marine District Commanders, respectively. The Inspection and Captain of the Port separate authorities and responsibilities Zones within the prior Second District, DEPARTMENT OF TRANSPORTATION of the Area Commanders and District are redesignated under Subpart 3.40 to Commanders are unaffected by the conform with the reassignment of these Coast Guard consolidated of their command staffs. MI and COTP zones to Eighth District as Second District—Merger Into the Eighth a result of the merger of the Second 33 CFR Part 3 District District into the Eighth District. [CGD 96±025] Previously, the Second Coast Guard § 3.40–1. This section, describing the RIN 2115±AF32 District and Eighth District exercised Eighth District, is revised to describe its jurisdiction in their respective regions. new boundaries which incorporate the Reorganization of Coast Guard Areas, In 1996, the Coast Guard realigned its prior Second District boundaries as a Districts, and Marine Inspection and field command and control structure in result of the merger of the Second Captain of the Port Zones the Gulf of Mexico and Midwestern District into the Eighth District. regions through the merger of the AGENCY: Coast Guard, DOT. The current CFR descriptions do not Second District into the Eighth District. reflect the reorganizations in the Coast ACTION: Final rule. The Second District has been Guard Areas, affected Coast Guard SUMMARY: To conform with an internal disestablished and the Eighth District District, and the realignment of Marine reorganization of its field command boundaries have been expanded to Inspection (MI) and Captain of the Port structure, the Coast Guard is amending include the prior Second District area of (COTP) Zones. Since this is a matter the descriptions of the Second and responsibilities. This realignment relating to agency organization, Eighth Coast Guard District boundaries enables more efficient internal procedure, and management, it is and redesignating several Marine management and enhances mission excluded from the requirements of Inspection and Captain of the Port performance in the affected region. The section 553(b)(3)(A) of the Zones. In addition, the Coast Guard is merger streamlined command and Administrative Procedure Act (5 U.S.C. amending the description of the location control of activities within the 551 et seq.) for a notice of proposed of the Atlantic Area, Pacific Area, and combined Second and Eighth District rulemaking and public comment. These Eleventh Coast Guard District offices. regions. The Eighth District Commander changes are administrative and will not These changes are administrative and now exercises authority over the impact the type of level of Coast Guard will not impact the type or level of combined geographic region. The services performed. Further, since the Coast Guard services performed. merger will not adversely affect the rule has no substantial effect on service public, since there will be no change in EFFECTIVE DATE: to the public, good cause exists under 5 This rule is effective Coast Guard operational assets or Coast June 13, 1996, except for § 3.04–1(a) U.S.C. 553(d) to make the rule effective Guard services in the respective regions. less than 30 days after publication. which is effective June 14, 1996, and The descriptions of Marine Inspection § 3.04–3(a) which is effective June 28, and Captain of the Port Zones which Regulatory Evaluation 1996. belonged to the Second District are This rule is not a significant ADDRESSES: Unless otherwise indicated, being renumbered to reflect their regulatory action under section 3(f) of documents referred to in the preamble realignment with the Eighth District. are available for inspection or copying Executive Order 12866 and does not at the Office of the Executive Secretary, Discussion of Changes require an assessment of potential costs Marine Safety Council (G–LRS/3406), § 3.01–1. This section, describing and benefits under section 6(a)(3) of that U.S. Coast Guard Headquarters, 2100 generally the Area Commanders’ order. It has not been reviewed by the Second Street SW., Room 3406, responsibilities, is revised to reflect the Office of Management and Budget under Washington, DC 20593–0001 between 8 fact that the Atlantic Area Commander that order. It is not significant under the a.m. and 3 p.m., Monday through also serves as Fifth District Commander regulatory policies and procedures of Friday, except Federal holidays. The and the Pacific Area Commander also the Department of Transportation telephone number is (202) 267–1477. serves as the Eleventh District (DOT)(44 FR 11040; February 26, 1979). The Coast Guard expects the economic FOR FURTHER INFORMATION CONTACT: Commander. Ms. Maureen Melton, Plans and Policy § 3.04–1. This section, describing the impact of this rule to be so minimal that Division (G–CPP), U.S. Coast Guard Area offices and jurisdictions, is revised a full Regulatory Evaluation under Headquarters, between 8 a.m. and 4 to reflect the relocation of the Atlantic paragraph 10(e) of the regulatory p.m. Monday through Friday, except Are office from New York, NY to policies and procedures of DOT is Federal holidays. The telephone Portsmouth, VA and eliminates unnecessary. This rule merely Number is (202) 267–2299. reference to the Second Coast Guard implements administrative changes District which was disestablished with within the Coast Guard structure. Coast SUPPLEMENTARY INFORMATION: its merger into the Eighth District. The Guard services to the public will not be Background and Purpose section is also revised to correctly changed. reflect the location of the Pacific Area Collection of Information Atlantic Area and Pacific Area office as Alameda, CA and to reflect During 1996, the Coast Guard relocation of Eleventh District office This rule contains no collection-of- reorganized the Area field command from Long Beach, CA to Alameda, CA. information requirements under the and control structures and relocated the § 3.10–1. This section, describing the Paperwork Reduction Act (44 U.S.C. Atlantic Area office from New York Second District, is removed to conform 3501 et seq.)

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Federalism 3. In § 3.04–1, paragraph (a) is revised, the Florida coast at 83°50′ W. longitude and in paragraph (b), the word (the coastal end of the Seventh and The Coast Guard has analyzed this ‘‘Second’’ is removed to read as follows: Eighth Coast Guard District land rule under the principles and criteria boundary.) [DATUM NAD83] contained in Executive Order 12612 and § 3.04±1 Atlantic Area. 13. In § 3.55–1, paragraph (a) is has determined that this rule does not (a) The Area Office is in Portsmouth, revised to read as follows: have sufficient federalism implications VA. to warrant the preparation of a * * * * * 3.55±1 Eleventh District. Federalism Assessment. 4. In § 3.04–3, paragraph (a) is revised (a) The District Office is in Alameda, Environment to read as follows: California. § 3.04±3 Pacific Area. * * * * * The Coast Guard considered the Dated: May 28, 1996. environmental impact of this rule and (a) The Area Office is in Alameda, CA. Kent H. Williams, concluded that, under paragraph 2.B.2 * * * * * of Commandant Instruction M16475.1B, Vice Admiral, U.S. Coast Guard Chief of Staff. as revised by 59 FR 38654, July 29, Subpart 3.10ÐSecond Coast Guard [FR Doc. 96–15046 Filed 6–12–96; 8:45 am] 1994, this rule is categorically excluded District [Heading Removed] BILLING CODE 4910±14±M from further environmental § 3.10±1 [Removed]; § 3.10±10 documentation. This rule is an [Redesignated as § 3.40±40]; § 3.10±5 33 CFR Part 117 administrative change under paragraph [Redesignated as § 3.40±45]; § 3.10±30 2.B.2.1, and will not impact the [Redesignated as § 3.40±50]; § 3.10±35 [CGD05±94±065] environment. A ‘‘Categorical Exclusion [Redesignated as § 3.40±55]; § 3.10±40 Determination’’ is available in the [Redesignated as § 3.40±60]; and § 3.10±50 RIN 2115±AE47 docket for inspection or copying where [Redesignated as § 3.40±65] Drawbridge Operation Regulations; indicated under ADDRESSES. 5. In Subpart 3.10, the subpart Nacote Creek, NJ heading and § 3.10–1 are removed; List of Subjects in 33 CFR Part 3 § 3.10–10 is redesignated as § 3.40–40; AGENCY: Coast Guard, DOT. Organization and functions § 3.10–15 is redesignated as § 3.40–45; ACTION: Final rule. (Government Agencies). § 3.10–30 is redesignated as § 3.40–50; For the reasons set out in the § 3.10–35 is redesignated as § 3.40–55; SUMMARY: At the request of the New preamble, the Coast Guard amends 33 § 3.10–40 is redesignated as § 3.40–60; Jersey Department of Transportation CFR part 3 as follows: and § 3.10–50 is redesignated as § 3.40– (NJDOT), the Coast Guard is changing 65. the regulations governing the operation PART 3ÐCOAST GUARD AREAS, 6. In § 3.40–1, paragraph (b) is revised of the Route 9 Bridge across Nacote DISTRICTS, MARINE INSPECTION to read as follows: Creek, mile 1.5, in Smithville, Atlantic County, New Jersey. The change will ZONES, AND CAPTAIN OF THE PORT § 3.40±1 Eighth district. ZONES require the Route 9 Bridge to open on * * * * * signal except from 11 p.m. to 7 a.m., 1. The authority citation for part 3 (b) The Eighth Coast Guard District is when a two hour advance notice for continues to read as follows: comprised of North Dakota, South openings will be required. This change Dakota, Wyoming, Nebraska, Iowa, Authority: 14 U.S.C. 633; 49 CFR 1.45, should help relieve the bridge owner of 1.46. Colorado, Kansas, Missouri, Kentucky, the burden of having a bridge tender West Virginia, Tennessee, Arkansas, constantly available at times when there 2. In § 3.01–1, paragraph (b) is revised Oklahoma, New Mexico, Texas, are few or no requests for openings, to read as follows: Louisiana, Mississippi, and Alabama; while still providing for the needs of that part of Pennsylvania south of 41° N. § 3.01±1 General description. navigation. latitude and west of 79° W. longitude; * * * * * those parts of Ohio and Indiana south of EFFECTIVE DATE: This rule is effective on (b) The two Coast Guard Areas are the 41° N. latitude; Illinois, except that part July 15, 1996. Atlantic Area (see § 3.04–1) and the north of 41° N. latitude and east of 90° FOR FURTHER INFORMATION CONTACT: Pacific Area (see §3.04–3). The Coast W. longitude; that part of Wisconsin Ann B. Deaton, Bridge Administrator, Guard Area Commander is in command south of 46°20′ N. latitude and west of Fifth Coast Guard District, at (804) 398– of a Coast Guard Area; the offices are 90° W. longitude; that part of Minnesota 6222. referred to as a Coast Guard Area Office. ° ′ south of 46 20 N. latitude; those parts SUPPLEMENTARY INFORMATION: The office of the Commander, Atlantic of Florida and Georgia west of a line Area, is located in the Fifth Coast Guard starting at the Florida coast at 83°50′ W. Regulatory History District and the Commander, Atlantic longitude; thence northerly to 30°15′ N. On December 20, 1995, the Coast Area, also serves as the Fifth District latitude, 83°50′ W. longitude; thence Guard published a notice of proposed Commander. The office of the due west to 30°15′ N. latitude, 84°45′ W. rulemaking entitled ‘‘Drawbridge Commander, Pacific Area, is located in longitude; thence due north to the Operation Regulations, Nacote Creek, the Eleventh Coast Guard District and southern bank of the Jim Woodruff New Jersey’’ in the Federal Register (60 the Commander, Pacific Area, also Reservoir at 84°45′ W. longitude; thence FR 65613). The Coast Guard received serves as the Eleventh District northeasterly along the eastern bank of one letter commenting on the notice of Commander. Area Commanders have the Jim Woodruff Reservoir and proposed rulemaking. No public hearing the responsibility of determining when northerly along the eastern bank of the was requested, and none was held. operational matters require the Flint River to Montezuma, GA.; thence coordination of forces and facilities of northwesterly to West Point, GA.; and Background and Purpose more than one district. the Gulf of Mexico area west of a line The Route 9 Bridge across Nacote * * * * * bearing 199 T. from the intersection of Creek, mile 1.5, at Smithville, Atlantic

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County, NJ, has a vertical clearance of February 26, 1979). The Coast Guard PART 117ÐDRAWBRIDGE 5′ above mean high water (MHW) and 8′ expects the economic impact of this rule OPERATION REGULATIONS above mean low water (MLW) in the to be so minimal that a full Regulatory closed position. The current regulations Evaluation, under paragraph 10e of the 1. The authority citation for Part 117 require the bridge to open on signal at regulatory policies and procedures of continues to read as follows: all times. DOT is unnecessary. This conclusion is Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 Review of the bridge logs provided by based on the fact that the rule will not CFR 1.05–1(g); section 117.255 also issued NJDOT revealed that between 11 p.m. prevent mariners from passing through under the authority of Pub. L. 102–587, 106 and 7 a.m., there were limited requests the Route 9 Bridge but will only require Stat. 5039. for bridge openings for the years 1992, mariners to provide two hours advance 2. Section 117.732 is revised to read 1993 and 1994. NJDOT is seeking relief notice from 11 p.m. to 7 a.m. Removal as follows: from the requirement that a bridge of the public vessel provision from this § 117.732 Nacote Creek. tender be present during the hours of 11 rule will have no impact since this p.m. and 7 a.m. when there are minimal provision is included at 33 CFR 117.31. (a) The Route 9 bridge, mile 1.5, shall requests for openings. The NJDOT open on signal, except that from 11 p.m. requested a permanent change to the Small Entities to 7 a.m., the draw shall open if at least regulations governing operation of the two hours notice is given. Route 9 Bridge to require the draw to Under the Regulatory Flexibility Act (b) The draw of the Atlantic County open on signal, except from 11 p.m. to (5 U.S.C. 601 et seq.), the Coast Guard (Rte. 575) bridge, mile 3.5 at Port 7 a.m., which will require a two hour considered whether this rule will have Republic, shall open on signal if at least advance notice. At all other times the a significant economic impact on a eight hours notice is given. substantial number of small entities. bridge will open on signal. The bridge Dated: May 10, 1996. ‘‘Small entities’’ include independently tenders will be on call to open the draw W.J. Ecker, when the advance notice is given. A 24 owned and operated small businesses that are not dominant in their fields and Rear Admiral, U.S. Coast Guard Commander, hour special telephone number will be Fifth Coast Guard District. posted on the bridge and maintained by that otherwise qualify as ‘‘small [FR Doc. 96–15045 Filed 6–12–96; 8:45 am] the NJDOT. business concerns’’ under section 3 of Accordingly, a new provision the Small Business Act (15 U.S.C. 632). BILLING CODE 4910±14±M allowing the draw of the Route 9 bridge, Therefore, for the reasons set out under at mile 1.5, to remain closed from 11 Regulatory Evaluation, the Coast Guard p.m. to 7 a.m. unless two hours advance certifies under 5 U.S.C. 605(b) that this DEPARTMENT OF EDUCATION notice is given will be designated as rule will not have a significant 34 CFR Part 668 paragraph (a). The current provision economic impact on a substantial allowing the draw of the Atlantic number of small entities. RIN: 1840±AC14 and 1840±AB44 County (Rte. 575) bridge, at mile 3.5, to remain closed unless eight hours Collection of Information Student Assistance General Provisions advance notice is given will be This rule contains no collection of AGENCY: Department of Education. designated as paragraph (b). A general information requirements under the ACTION: Final regulations. provision requiring the passage of Paperwork Reduction Act (44 U.S.C. Federal, State, and local government 3501 et seq.). SUMMARY: The Secretary amends the vessels used for public safety through Student Assistance General Provisions all drawbridges is published at 33 CFR Federalism Assessment regulations to add the Office of 117.31, and is no longer required to be Management and Budget (OMB) control The Coast Guard has analyzed this published for each waterway. Therefore, number to certain sections of the rule under the principles and criteria in this change will remove the provision regulations. These sections contain Executive Order 12612 and has requiring passage of public vessels from information collection requirements determined that this rule does not raise section 117.732. approved by OMB. The Secretary takes sufficient federalism implications to this action to inform the public that Discussion of Comments and Changes warrant preparation of a Federalism these requirements have been approved Assessment. The Coast Guard received one and affected parties must comply with comment from the New Jersey State Environment them. Historic Preservation office which EFFECTIVE DATE: These regulations are offered no objection to the Coast Guard’s The Coast Guard considered the effective on July 1, 1996. proposed rulemaking. Therefore, no environmental impact of this rule and FOR FURTHER INFORMATION CONTACT: changes to the proposed rule were concluded that, under paragraph Paula Husselmann or David Lorenzo, made. 2.B.2.e.(32)(e) of Commandant U.S. Department of Education, 600 Instruction M16475.1B (as amended, 59 Regulatory Evaluation Independence Avenue, S.W., (Room FR 38654, 29 July 1994), this rule is 3053, ROB–3) Washington, D.C. 20202. This rule is not a significant categorically excluded from further Telephone (202) 708–7888. Individuals regulatory action under section 3(f) of environmental documentation. Executive Order 12866 and does not who use a telecommunications device require an assessment of potential costs List of Subjects in 33 CFR Part 117 for the deaf (TDD) may call the Federal and benefits under section 6(a)(3) of that Information Relay Service (FIRS) at 1– order. It has been exempted from review Bridges. 800–877–8339 between 8 a.m. and 8 by the Office of Management and Regulations p.m. Eastern time, Monday through Budget under that order. It is not Friday. significant under the regulatory policies For the reasons set out in the SUPPLEMENTARY INFORMATION: Final and procedures of the Department of preamble, the Coast Guard amends 33 regulations for the Student Assistance Transportation (DOT) (44 FR 11040; CFR part 117 as follows: General Provisions were published in

VerDate 29-MAY-96 20:21 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\P13JN0.PT1 13jnr1 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations 29961 the Federal Register on November 29 number following each section to read SUPPLEMENTARY INFORMATION: and December 1, 1995 (60 FR 61424 as follows: ‘‘(Approved by the Office of I. Background [Equity in Athletics Disclosure Act], Management and Budget under control 61776 [Student Right-to-Know Act]). number 1840–0719)’’ Indiana’s submittal of August 29, 1995, contains revisions to Title 326 Compliance with information collection [FR Doc. 96–14819 Filed 6–12–96; 8:45 am] requirements in certain sections of these Indiana Administrative Code (326 IAC) regulations was delayed until those BILLING CODE 4000±01±P 6–1–12. The purpose of these changes is requirements were approved by OMB to provide a combined annual emission under the Paperwork Reduction Act of limit for several boilers at Allison, and 1995. OMB approved the information ENVIRONMENTAL PROTECTION to set an emission limit of zero tons per collection requirements in the AGENCY year for 2 boilers which have shut regulations on March 14, 1996 for the down. The proposed rules were published in graduation rate portion of the Student 40 CFR Part 52 the Indiana Register on March 1, 1995. Right-to-Know Act and Campus [IN59±1±7217a; FRL±5510±7] Public hearings were held on the rules Security Act, and March 29, 1996 for the on January 11, 1995, and April 5, 1995, Equity in Athletics Disclosure Act. The Approval and Promulgation of in Indianapolis, Indiana. The rules were information collection requirements in Implementation Plans; Indiana adopted by the Indiana Air Pollution these regulations will therefore become Control Board on April 5, 1995; were effective with all of the other provisions AGENCY: Environmental Protection published in the Indiana Register on of the regulations on July 1, 1996. Agency. ACTION: Direct final rule. November 1, 1995, and, became Waiver of Proposed Rulemaking effective on November 3, 1995. It is the practice of the Secretary to SUMMARY: On August 29, 1995, the State II. Analysis of State Submittal offer interested parties the opportunity of Indiana submitted a State The rule revisions in the August 29, to comment on proposed regulations. Implementation Plan (SIP) revision 1995, submittal provide for new However, the publication of OMB request to the United States particulate matter (measured as total control numbers is purely technical and Environmental Protection Agency (EPA) suspended particulate) limits for three does not establish substantive policy. for rule changes specific to Allison stacks at Allison’s plants 5 and 8. Therefore, the Secretary has determined Engine Company (Allison) plants 5 and Previously, the stack serving boilers 1– under 5 U.S.C. 553(b)(B), that public 8 located in Marion County, Indiana. 4 (plant 5) had a limit of 173.0 tons per comment on the regulations is The submittal provides for an annual year (tpy), the stack serving boiler 2 unnecessary and contrary to the public particulate matter ‘‘bubble’’ limit (a (plant 8) had a limit of 3.2 tpy, the stack interest. single limit which applies to the combined emissions from more than serving boilers 3–6 (plant 8) had a limit List of Subjects in 34 CFR Part 668 one source) for several boilers, and the of 9.3 tpy, and the stack serving boilers Administrative practice and shutdown of two other boilers. Short 7–11 (plant 8) had a limit of 12.2 tpy. procedure, Colleges and universities, term particulate matter emission limits These stacks also had limits of 0.337, Consumer protection, Education, for all remaining stacks remain 0.15, 0.15, and 0.15 pounds per million Reporting and recordkeeping unchanged. This submittal represents a British Thermal Units (lb/MMBTU), requirements, Student aid, Vocational reduction in allowable particulate respectively. The revision provides education. emissions of 67.7 tons per year, and the limits of 0 tons per year for boilers 2 and 11, which have shut down. The hourly Dated: June 6, 1996. State has submitted a modeling analysis which shows that the revised rules will mass limits remain unchanged at 0.337 David A. Longanecker, not have an adverse effect on air quality. lbs/MMBTU for boilers 1–4 of plant 5, Assistant Secretary for Postsecondary 0.15 lbs/MMBTU for boilers 3–6 of plant DATES: The ‘‘direct final’’ is effective on Education. 8, and 0.15 lbs/MMBTU for boilers 7– August 12, 1996, unless EPA receives The Secretary amends Part 668 of 10 of plant 8. The rule provides for a adverse or critical comments by July 15, Title 34 of the Code of Federal combined limit of 130.0 tons per year 1996. If the effective date is delayed, Regulations as follows: for the boilers mentioned above, as well timely notice will be published in the as new limits on the types and amounts Federal Register. PART 668ÐSTUDENT ASSISTANCE of fuel which may be burned at the GENERAL PROVISIONS ADDRESSES: Copies of the revision boilers, and a recordkeeping request are available for inspection at requirement to document compliance. 1. The authority citation for Part 668 the following address: U.S. continues to read as follows: One problem which occurs several Environmental Protection Agency, times in the rule is that, in the emissions Authority: 20 U.S.C. 1085, 1088, 1091, Region 5, Air and Radiation Division, 77 limitations table, a list of several sources 1092, 1094, 1099c, and 1141 unless West Jackson Boulevard, Chicago, is followed by a single limit. For otherwise noted. Illinois 60604. (It is recommended that example, boilers 1–4 have a limit of .337 §§ 668.41, 668.48 [Amended] you telephone David Pohlman at (312) lbs/MMBTU. It is not clear from this 886–3299 before visiting the Region 5 2. Sections 668.41 and 668.48 are whether the limit is meant to apply to Office.) amended by republishing the OMB individual boilers, or a single stack Written comments should be sent to: control number following the section to serving several boilers in common. The J. Elmer Bortzer, Chief, Regulation read as follows: ‘‘(Approved by the State has informed EPA that its Development Section, Air Programs Office of Management and Budget under intention in such cases is that the limit Branch (AR–18J), U.S. Environmental control number 1840–0711)’’ applies to each boiler. Also, the State Protection Agency, 77 West Jackson has agreed to correct this problem, §§ 668.41, 668.46, 668.49 [Amended] Boulevard, Chicago, Illinois 60604. which occurs in a number of Indiana 3. Sections 668.41, 668.46, and 668.49 FOR FURTHER INFORMATION CONTACT: PM rules. The EPA believes that, since are amended by adding the OMB control David Pohlman at (312) 886–3299. there is no more lenient interpretation

VerDate 29-MAY-96 20:21 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\P13JN0.PT1 13jnr1 29962 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations than the one intended by the State, the memorandum from Mary D. Nichols, that the rule will not have a significant EPA believes this interpretation will not Assistant Administrator for Air and impact on a substantial number of small impede the enforceability of the Allison Radiation. The Office of Management entities. Small entities include small rules. and Budget has exempted this businesses, small not-for-profit This SIP revision will result in an regulatory action from Executive Order enterprises, and government entities overall reduction in allowed particulate 12866 review. with jurisdiction over populations of matter emissions of 67.7 tpy. The State Nothing in this action should be less than 50,000. has submitted a modeling analysis construed as permitting, allowing or SIP approvals under section 110 and which shows the maximum particulate establishing a precedent for any future subchapter I, part D of the Clean Air Act impact off plant property to be 1.53 request for revision to any SIP. EPA do not create any new requirements, but micrograms per cubic meter. The shall consider each request for revision simply approve requirements that the allowable impact for this type of bubble to the SIP in light of specific technical, State is already imposing. Therefore, (see 51 FR 43814) is 5 micrograms per economic, and environmental factors because the Federal SIP-approval does cubic meter. Therefore, the EPA and in relation to relevant statutory and not impose any new requirements, I concludes that the new regulations will regulatory requirements. certify that it does not have a significant protect air quality in Marion County, Section 202 of the Unfunded impact on any small entities affected. Indiana. Mandates Reform Act of 1995 Moreover, due to the nature of the (‘‘Unfunded Mandates Act’’) (signed III. Final Rulemaking Action into law on March 22, 1995) requires Federal-State relationship under the Indiana’s submittal includes revisions that the EPA prepare a budgetary impact Act, preparation of a regulatory to 326 IAC 6–1–12. The EPA has statement before promulgating a rule flexibility analysis would constitute completed an analysis of this SIP that includes a Federal mandate that Federal inquiry into the economic revision request based on a review of may result in expenditure by State, reasonableness of the State action. The the materials presented by Indiana and local, and tribal governments, in Clean Air Act forbids EPA to base its has determined that it is approvable aggregate, or by the private sector, of actions concerning SIPs on such because it will result in a decrease in $100 million or more in any one year. grounds. Union Electric Co. v. EPA., 427 allowable particulate matter emissions Section 203 requires the EPA to U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C. and will protect the air quality in the establish a plan for obtaining input from 7410(a)(2). Marion County area. and informing, educating, and advising Under section 307(b)(1) of the Clean The EPA is publishing this action any small governments that may be Air Act, petitions for judicial review of without prior proposal because EPA significantly or uniquely affected by the this action must be filed in the United views this action as a noncontroversial rule. States Court of Appeals for the revision and anticipates no adverse Under section 205 of the Unfunded appropriate circuit by August 12, 1996. comments. However, EPA is publishing Mandates Act, the EPA must identify Filing a petition for reconsideration by a separate document in this Federal and consider a reasonable number of the Administrator of this final rule does Register publication, which constitutes regulatory alternatives before not affect the finality of this rule for the a ‘‘proposed approval’’ of the requested promulgating a rule for which a purposes of judicial review nor does it SIP revision and clarifies that the budgetary impact statement must be extend the time within which a petition rulemaking will not be deemed final if prepared. The EPA must select from for judicial review may be filed, and timely adverse or critical comments are those alternatives the least costly, most shall not postpone the effectiveness of filed. The ‘‘direct final’’ approval shall cost-effective, or least burdensome such rule or action. This action may not be effective on August 12, 1996, unless alternative that achieves the objectives be challenged later in proceedings to EPA receives adverse or critical of the rule, unless the EPA explains why enforce its requirements. (See Section comments by July 15, 1996. If EPA this alternative is not selected or the 307(b)(2)). receives comments adverse to or critical selection of this alternative is of the approval discussed above, EPA inconsistent with law. List of Subjects in 40 CFR Part 52 will withdraw this approval before its Because this final rule is estimated to Environmental protection, Air effective date by publishing a result in the expenditure by State, local, pollution control, Incorporation by subsequent Federal Register document and tribal governments or the private reference, Particulate matter. which withdraws this final action. All sector of less then $100 million in any public comments received will then be one year, the EPA has not prepared a Dated: May 15, 1996. addressed in subsequent rulemaking. budgetary impact statement or Valdas V. Adamkus, Please be aware that EPA will institute specifically addressed the selection of Regional Administrator. another comment period on this action the least costly, most cost-effective, or For the reasons stated in the only if warranted by significant least burdensome alternative. Because preamble, part 52, chapter I, title 40 of revisions to the rulemaking based on small governments will not be the Code of Federal Regulations is any comments received in response to significantly or uniquely affected by this amended as follows: today’s action. Any parties interested in rule, the EPA is not required to develop commenting on this action should do so a plan with regard to small PART 52Ð[AMENDED] at this time. If no such comments are governments. This rule only approves received, EPA hereby advises the public the incorporation of existing State rules 1. The authority citation for part 52 that this action will be effective on into the SIP. It imposes no additional continues to read as follows: August 12, 1996. requirements. Authority: 42 U.S.C. 7401–7671q. This action has been classified as a Under the Regulatory Flexibility Act, Table 3 action for signature by the 5 U.S.C. 600 et seq., EPA must prepare Subpart PÐIndiana Regional Administrator under the a regulatory flexibility analysis procedures published in the Federal assessing the impact of any proposed or 2. Section 52.770 is amended by Register on January 19, 1989 (54 FR final rule on small entities. (5 U.S.C. 603 adding paragraph (c)(108) to read as 2214–2225), as revised by a July 9, 1995, and 604.) Alternatively, EPA may certify follows:

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§ 52.770 Identification of plan. DATES: This final rule is effective July a reasonably available control * * * * * 29, 1996 unless within July 15, 1996, technology determination (RACT) (c) * * * adverse or critical comments are determination for Laminator No. 3. (108) On August 29, 1995, Indiana received. If the effective date is delayed, Reynolds states that this operation is not submitted a site specific SIP revision timely notice will be published in the a packaging rotogravure operation request for Allison Engine Company in Federal Register. because of certain unique features. If, in Marion County, Indiana. The revision ADDRESSES: Comments may be mailed to fact, this source is not a packaging provides limits of 0 tons per year for Marcia L. Spink, Associate Director, Air rotogravure operation, it would be boilers 2 and 11, which have shut down. Programs, Mailcode 3AT00, U.S. considered a non-CTG source (i.e a The hourly mass limits remain Environmental Protection Agency, source for which EPA has not issued a unchanged at 0.337 pounds per million Region III, 841 Chestnut Building, Control Technique Guideline). The 1990 British Thermal Units (lbs/MMBTU) for Philadelphia, Pennsylvania 19107. Clean Air Act Amendments require that boilers 1–4 of plant 5, 0.15 lbs/MMBTU Copies of the documents relevant to this major sources in ozone nonattainment for boilers 3–6 of plant 8, and 0.15 lbs/ action are available for public areas be subject to RACT. Richmond, MMBTU for boilers 7–10 of plant 8. The inspection during normal business where Reynolds is located, is a rule provides for a combined limit of hours at the Air, Radiation, and Toxics moderate ozone nonattainment area. 130.0 tons per year for the boilers Division, U.S. Environmental Protection Virginia’s plan limits the total emissions mentioned above, as well as new limits Agency, Region III, 841 Chestnut from this operation to 2 tons per day, in on the types and amounts of fuel which Building, Philadelphia, Pennsylvania lieu of any other limit. EPA is proposing may be burned at the boilers, and a 19107; the Air and Radiation Docket to approve the 2 ton per day emission recordkeeping requirement to document and Information Center, U.S. cap as RACT for Laminator No. 3. compliance. Environmental Protection Agency, 401 Description of the Alternative (i) Incorporation by reference. Indiana M Street, SW, Washington, DC 20460; Compliance Plan for the South (Foil) Administrative Code Title 326: Air and the Virginia Department of Plant Pollution Control Board, Article 6: Environmental Quality, 629 East Main Particulate Rules, Rule 1: Street, Richmond, Virginia 23219. The printing presses participating in Nonattainment Area Limitations, FOR FURTHER INFORMATION CONTACT: this alternative compliance plan are: Section 12: Marion County. Added at 19 Marcia L. Spink, (215) 566–2104. email (1) Cigarette Machines Nos. 1, 2, 3, 4 In. Reg. 186. Effective November 3, address: [email protected] (2) Coloring Machines No. 7 1995. SUPPLEMENTARY INFORMATION: On (3) Glue Mounter Nos. 1, 23 [FR Doc. 96–14961 Filed 6–12–96; 8:45 am] November 4, 1986, the Virginia State Air (4) Reseal Machines Nos. 2, 3, 4, 5 (5) Coloring Machines Nos. 1, 2, 6 BILLING CODE 6560±50±P Pollution Control Board (now known as the Virginia Department of air Pollution (unless exhausted to incinerator) Control) submitted alternative (6) In-line Machine No. 24 (unless 40 CFR Part 52 compliance plans as a revision to its exhausted to incinerator) State Implementation Plan (SIP) for the The alternative compliance plan is [VA010±5545a; FRL±5514±6] Reynolds Metals—Bellwood plant and configured such that if the equipment in Approval and Promulgation of Air the Reynolds Metals—South plant, both items (5) and/or (6) above are exhausted Quality Implementation Plans; Virginia; located in Richmond, Virginia. Both of to an incinerator, they will not Approval of Alternative Compliance these facilities are subject to the participate in the plan. Plans for the Reynolds Metals Graphic federally approved Virginia graphic arts SIP Submittal Arts Plants regulation, Section 4.55(m) [currently cited as Rule 4–36, Sections 120–04– The November 4, 1986 SIP submittal AGENCY: Environmental Protection 3601 through 120–04–3615]. The package from Virginia consisted of the Agency (EPA). alternative compliance plans allow each following documents: ACTION: Direct Final rule. of these facilities to average emissions, (1) Cover letter dated 11/4/86 from on a daily basis, in order to meet the Richard Cook, VA to James Seif, EPA SUMMARY: EPA is approving a State applicable packaging rotogravure Region III. Implementation Plan (SIP) revision standard in Virginia Rule 4–36. (2) Consent Order for South-Foil submitted by the Commonwealth of The applicable Virginia SIP graphic plant, DSE 412A–86 amended 10/86 Virginia. This revision establishes and arts regulation requires that packaging dated 10/30/86. requires four packaging rotogravure rotogravure sources reduce emissions by (3) Consent Order for Bellwood plant, printing presses at the Reynolds 65% by weight of volatile organic DSE 413A–86 amended 10/86 dated 10/ Metals—Bellwood plant, located in compound (VOC) emissions on a line- 30/86. Richmond, Virginia and six packaging by-line basis. The Virginia SIP further (4) Public hearing certification for 9/ rotogravure printing presses at the requires that compliance be based on 30/85 public hearing. Reynolds Metals—South plant also daily averages. (5) Letter to Ray Cunningham, EPA located in Richmond, Virginia to meet Region III, from Virginia submitting the emission limits by averaging emissions, Description of the Alternative SAPCB meeting agenda. on a daily basis, within each of the two Compliance Plan for the Bellwood Plant (6) Letter dated 11/4/86 from John plants. The intended effect of this action The printing presses participating in Daniel, VA to David Arnold, EPA is to approve two graphic arts this alternative compliance plan are: Region III. alternative compliance plans; one for (1) Presses No. 1, 2, 4, 6, 8, 9, 10, 11 The Consent Orders for South and for the Reynolds Metals—Bellwood plant (2) Extrudes No. 1, 2, 3, 4 Bellwood each require that 65% and one for the Reynolds Metals—South (3) Treating Station for Press #3 emission reduction be achieved at the plant (also known as the Foil plant). (4) Laminator No. 1 (by incineration) plant over the historical amount of This action is being taken under Section Included in the description of the solvent used to apply the same amount 110 of the Clean Air Act. Bellwood alternative compliance plan is of solids. On December 5, 1986, EPA

VerDate 29-MAY-96 20:21 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\P13JN0.PT1 13jnr1 29964 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations sent a letter to Virginia, requesting comments. However, in a separate flexibility analysis would constitute additional information concerning the document in this Federal Register Federal inquiry into the economic formulas used to determine compliance publication, EPA is proposing to reasonableness of state action. The and the effect of the revised alternative approve the SIP revision should adverse Clean Air Act forbids EPA to base its compliance plan configurations on the or critical comments be filed. This actions concerning SIPs on such proposed Richmond SIP. On February action will be effective July 29, 1996 grounds. Union Electric Co. v. U.S. EPA, 12, 1987, Virginia responded with unless, by July 15, 1996, adverse or 427 U.S. 246, 255–66 (1976); 42 U.S.C. additional information which included critical comments are received. 7410(a)(2). changes and clarification to the If EPA receives such comments, this Under Section 202 of the Unfunded formulas. action will be withdrawn before the Mandates Reform Act of 1995 effective date by publishing a (‘‘Unfunded Mandates Act’’), signed Virginia Graphic Arts Regulations subsequent document that will into law on March 22, 1995, EPA must The Virginia graphic arts regulations withdraw the final action. All public prepare a budgetary impact statement to were cited as being deficient in the June comments received will then be accompany any proposed or final that 14, 1988 follow-up letter to the May 26, addressed in a subsequent final rule includes a Federal mandate that may 1988 SIP call. Specifically, the graphic based on this action serving as a result in estimated costs to State, local, arts regulation requires, for packaging proposed rule. EPA will not institute a or tribal governments in the aggregate; rotogravure operations, a 65% second comment period on this action. or to the private sector, of $100 million reduction. The baseline from which this Any parties interested in commenting or more. Under section 205, EPA must reduction is to be calculated is not on this action should do so at this time. select the most cost-effective and least specified. EPA’s guidelines for graphic If no such comments are received, the burdensome alternative that achieves arts sources require that a waterborne public is advised that this action will be the objectives of the rule and is ink (75% water/exempt solvent by effective on July 29, 1996. consistent with statutory requirements. volume) or a high-solids ink (60% The Agency has reviewed this request Section 203 requires EPA to establish a solids) be used. If such inks are not for revision of the Federally-approved plan for informing and advising any used, the VOC content of those inks State implementation plan for small governments that may be must be reduced by 65% for packaging conformance with the provisions of the significantly or uniquely impacted by rotogravure operations. Such a 1990 amendments enacted on November the rule. percentage reduction would be 15, 1990. The Agency has determined EPA has determined that the approval calculated based on the VOC content of that this action conforms with those action promulgated does not include a the inks used each day. The reductions requirements irrespective of the fact that Federal mandate that may result in obtained by following EPA’s guidelines the submittal preceded the date of estimated costs of $100 million or more would be larger than those calculated enactment. to either State, local, or tribal from a historical average, as Virginia is Nothing in this action should be governments in the aggregate, or to the proposing for Reynolds. Therefore, the construed as permitting or allowing or private sector. This Federal action graphic arts regulation, 4.55(m), was not establishing a precedent for any future approves pre-existing requirements considered RACT. The deficiencies with request for revision to any state under State or local law, and imposes the graphic arts regulation were implementation plan. Each request for no new Federal requirements. identified in the June 14, 1988 follow- revision to the state implementation Accordingly, no additional costs to up letter to the May 26, 1988 SIP call. plan shall be considered separately in State, local, or tribal governments, or to On May 10, 1991, Virginia submitted a light of specific technical, economic, the private sector, result from this request to revise the graphic arts and environmental factors and in action. regulation, among other regulations, in relation to relevant statutory and This action has been classified as a response to the comments made in the regulatory requirements. Table 3 action for signature by the June 14, 1988 EPA letter. The revised Under the Regulatory Flexibility Act, Regional Administrator under the State regulations were effective July 10, 5 U.S.C. 600 et seq., EPA must prepare procedures published in the Federal 1991. EPA approved the amended a regulatory flexibility analysis Register on January 19, 1989 (54 FR version of Rule 4–36 as a revision to the assessing the impact of any proposed or 2214–2225), as revised by a July 10, Virginia SIP on March 31, 1994 (59 FR final rule on small entities. 5 U.S.C. 603 1995 memorandum from Mary Nichols, 15117) and incorporated it by reference and 604. Alternatively, EPA may certify Assistant Administrator for Air and into the SIP at 52.2420(c)(99)(i)(B)(3). that the rule will not have a significant Radiation. The Office of Management Further details regarding the specifics of impact on a substantial number of small and Budget (OMB) has exempted this the alternative compliance plans for the entities. Small entities include small regulatory action from E.O. 12866 two Reynolds Metals plants and issues businesses, small not-for-profit review. relating to approval of these plans can enterprises, and government entities Under section 307(b)(1) of the Clean be found in the accompanying technical with jurisdiction over populations of Air Act, petitions for judicial review of support document. less than 50,000. this action must be filed in the United SIP approvals under section 110 and States Court of Appeals for the Final Action subchapter I, part D of the Clean Air Act appropriate circuit by August 12, 1996. EPA is approving the alternative do not create any new requirements but Filing a petition for reconsideration by compliance plans for the Reynolds simply approve requirements that the the Administrator of this final rule does Metals-Bellwood and Reynolds Metals- State is already imposing. Therefore, not affect the finality of this rule for the South plants, which were submitted on because the Federal SIP approval does purposes of judicial review nor does it November 4, 1986 as a revision to the not impose any new requirements, the extend the time within which a petition Virginia SIP. Administrator certifies that it does not for judicial review may be filed, and EPA is approving this SIP revision have a significant impact on any small shall not postpone the effectiveness of without prior proposal because the entities affected. Moreover, due to the EPA’s action to approve alternative Agency views this as a noncontroversial nature of the Federal-State relationship compliance plans for the Reynolds amendment and anticipates no adverse under the CAA, preparation of a Metals—Bellwood and the Reynolds

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Metals—South plants. This action may 40 CFR Part 52 Protection Agency, 77 West Jackson not be challenged later in proceedings to Boulevard, Chicago, Illinois 60604. [IN61±1±7230a; FRL±5509±5] enforce its requirements. (See section FOR FURTHER INFORMATION CONTACT: 307(b)(2).) Approval and Promulgation of Mark J. Palermo at (312) 886–6082. List of Subjects in 40 CFR Part 52 Implementation Plans; Indiana SUPPLEMENTARY INFORMATION: AGENCY: Environmental Protection Environmental protection, Air I. Submittal Background Agency (EPA). pollution control, Incorporation by Section 182(b)(1) of the Clean Air Act reference, Ozone, Reporting and ACTION: Direct final rule. (the Act) requires all moderate and above ozone nonattainment areas to recordkeeping requirements. SUMMARY: On September 19, 1995, and achieve a 15% reduction of 1990 Dated: May 17, 1996. November 8, 1995, the State of Indiana submitted a State Implementation Plan emissions of VOC by November 15, W. Michael McCabe, 1996. In Indiana, Lake and Porter Regional Administrator, Region III. (SIP) revision request to the EPA establishing regulations for automobile Counties are classified as ‘‘severe’’ nonattainment for ozone, while Clark 40 CFR part 52 is amended as follows: refinishing operations in Clark, Floyd, Lake, and Porter Counties, as part of the and Floyd Counties are classified as PART 52Ð[AMENDED] State’s 15 percent (%) Rate of Progress ‘‘moderate’’ nonattainment. As such, (ROP) plan control strategies for Volatile these counties are subject to the 15% 1. The authority citation for part 52 Organic Compounds (VOC) emissions. ROP requirement. The Act specifies under section continues to read as follows: VOC is an air pollutant which combines 182(b)(1)(C) that the 15% emission with oxides of nitrogen in the Authority: 42 U.S.C. 7401–7671q. reduction claimed under the ROP plan atmosphere to form ground-level ozone, must be achieved through the commonly known as smog. Ozone Subpart VVÐVirginia implementation of control measures pollution is of particular concern through revisions to the SIP, the because of its harmful effects upon lung 2. Section 52.2420 is amended by promulgation of federal rules, or the tissue and breathing passages. ROP adding paragraph (c)(110) to read as issuance of permits under Title V of the plans are intended to bring areas which follows: Act, by November 15, 1996. Control have been exceeding the public health- measures implemented before § 52.2420 Identification of plan. based Federal ozone air quality standard November 15, 1990, are precluded from closer to attaining the ozone standard. * * * * * counting toward the 15% reduction. In This rule establishes VOC content limits (c) * * * addition, section 172(c)(9) requires for suppliers and users of coating and moderate areas to adopt contingency (110) Alternative Compliance Plans surface preparation products applied in measures by November 15, 1993. The submitted on November 4, 1986 by the motor vehicle/mobile equipment General Preamble for the Virginia State Air Pollution Control refinishing operations, as well as Implementation of Title I of the Clean Board: requires subject refinishing facilities to Air Act Amendments of 1990 (April 28, meet certain work practice standards to (i) Incorporation by reference. 1992, 57 FR at 18070), states that the further reduce VOC. Indiana expects (A) Letter of November 4, 1986 from contingency measures generally must that the control measures specified in the Virginia State Air Pollution Control provide reductions of 3% from the 1990 this automobile refinishing SIP will base-year inventory, which can be met Board transmitting alternative reduce VOC emissions by 4,679 pounds compliance plans for the Reynolds through additional SIP revisions. per day (lbs/day) in Lake and Porter Indiana has adopted and submitted Metals—Bellwood and South Plants, Counties and 1,172 lbs/day in Clark and Richmond, Virginia. automobile refinishing rules for the Floyd Counties. This rule is being control of VOC as a revision to the SIP (B) The below-described Consent approved because it meets all the for the purpose of meeting the 15% ROP Agreements and Orders between the applicable Federal requirements. plan control measure requirement for Commonwealth of Virginia and the DATES: The ‘‘direct final’’ rule is Clark and Floyd Counties, as well as Reynolds Metals Company, effective effective on August 12, 1996, unless meeting the contingency measure October 31, 1986: EPA receives adverse or critical requirement for Lake and Porter (1) DSE–413A–86—Consent comments by July 15, 1996. If the Counties. Determination of what Agreement and Order Addressing effective date is delayed, timely emission credit the State can take for Reynolds Metals Company’s Bellwood notification will be published in the these rules for purposes of the 15% ROP Printing Plant (Registration No. 50260). Federal Register. plan and contingency measures will be (2) DSE–412A–86—Consent ADDRESSES: Copies of the revision addressed in a subsequent rulemaking Agreement and Order Addressing request are available for inspection at action addressing the 15% ROP plan Reynolds Metals Company’s Richmond the following address: Environmental and measures as a whole. Foil Plant (Registration No. 50534). Protection Agency, Region 5, Air and On June 7, 1995, the Indiana Air Radiation Division, Air Programs Pollution Control Board (IAPCB) (ii) Additional material. Branch, 77 West Jackson Boulevard, adopted the automobile refinishing rule. (A) Remainder of November 4, 1986 Chicago, Illinois 60604. (It is Public hearings on the rule were held on State submittal. recommended that you telephone Mark January 11, 1995, April 5, 1995, and (B) Letter of February 12, 1987 from J. Palermo at (312) 886–6082 before June 7, 1995, in Indianapolis, Indiana. the Virginia State Air Pollution Control visiting the Region 5 Office.) The rule was signed by the Secretary of Board. Written comments should be sent to: State on October 3, 1995, and became J. Elmer Bortzer, Chief, Regulation effective on November 2, 1995; it was [FR Doc. 96–14967 Filed 6–12–96; 8:45 am] Development Section, Air Programs published in the Indiana State Register BILLING CODE 6560±50±P Branch (AR–18J), Environmental on November 1, 1995. The Indiana

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Department of Environmental Clark and Floyd 15% ROP and application. Section 2(24) defines Management (IDEM) formally submitted contingency measures SIP. (EPA will ‘‘graphic design application’’ to mean the automobile refinishing rule to EPA take rulemaking on the overall 15% the application of logos, letters, on September 19, 1995, as a revision to ROP and contingency measures in a numbers, and graphics to a painted the Indiana SIP for ozone; supplemental subsequent rulemaking action(s).) It surface, with or without the use of a documentation to this revision was should also be noted that Indiana’s template. ‘‘Touch-up coating’’ is defined submitted on November 8, 1995. EPA automobile refinishing rules are not in section 2(52) to mean a coating made a finding of completeness in a required to be reviewed for purposes of applied by brush or hand held, letter dated February 9, 1996. Reasonably Available Control nonrefillable aerosol can to repair minor The September 19, 1995, and Technology (RACT) requirements under surface damage and imperfections. November 8, 1995, submittals include the Act, because no automobile The applicability criteria in section 1 the following rules: refinishing facility in Indiana has the clearly indicate the industry and potential to emit at least 25 tons of VOC, activities subject to the rule. The rule’s 326 Indiana Air Code (IAC) 8–10 which would qualify a major source for applicability criteria are, therefore, Automobile Refinishing RACT purposes. approvable. (1) Applicability In order to determine the Definitions (2) Definitions approvability of the Indiana automobile (3) Requirements refinishing SIP, the rule was reviewed The rule’s definitions in section 2, (4) Means to limit volatile organic for its consistency with section 110 and which are based upon similar compound emissions part D of the Act, and its enforceability. definitions in the ACT and draft CTG, (5) Work practice standards Used in this analysis were EPA policy accurately describe the subject industry, (6) Compliance procedures guidance documents, including the draft the subject and exempt coating (7) Test procedures CTG for automobile refinishing; the categories, and the applicable control (8) Control system operation, ACT for automobile refinishing; the methods and equipment specified in the maintenance, and monitoring June 1992, model VOC rules as they rule. These definitions are, therefore, (9) Record keeping and reporting pertain to add-on control systems; and approvable. The rule establishes, for Clark, Floyd, a memorandum from G.T. Helms to the Compliance Dates Lake, and Porter Counties, VOC content Air Branch Chiefs, dated August 10, limits for motor vehicle/mobile 1990, on the subject of ‘‘ Exemption for Section 3 clearly identifies all the equipment refinishing coatings and Low-Use Coatings.’’ A discussion of the required components of the rule and surface preparation products which rule and EPA’s rule analysis follows. corresponding compliance dates. Each must be met by both the suppliers of the manufacturer or distributor of coating or coatings and products and the Applicability surface preparation products refinishers which use them. As an The rule’s applicability criteria in manufactured or distributed for use in alternative to using compliant coatings, section 1 establishes that manufacturers Clark, Floyd, Lake, and Porter Counties owners or operators of subject and suppliers of refinishing coatings must comply with the rule’s applicable refinishing facilities can install and used in the subject counties, as well as VOC content limits and compliance operate add-on control systems, such as the owners or operators of the facilities procedures by November 1, 1995. incinerators, carbon adsorbers, etc., that refinish motor vehicles or mobile Any person commercially providing which must achieve an overall equipment in those counties, are subject refinishing coatings or surface reduction of VOC by 81% for to this rule. Activities exempt by section preparation products for use in the four compliance with the rule. The rule also 1 from this rule are aerosol coating, subject counties which were establishes certain work practice graphic design, and touch-up coating manufactured after November 1, 1995, standards for subject refinishers to applications. must meet the rule’s applicable VOC further reduce VOC, including For purposes of this rule, ‘‘motor content and compliance procedures by equipment, housekeeping, and training vehicles’’ is defined in section 2(31) to February 1, 1996. Section 3 does allow requirements. Indiana based its rules mean automobiles, buses, trucks, vans, the distribution of non-compliant upon EPA’s draft Control Techniques motor homes, recreational vehicles, and coatings intended to be used by sources Guidelines (CTG) for automobile motorcycles. ‘‘Mobile equipment’’ is which meet the rule requirements refinishing, Alternative Control defined in section 2(30) to mean any through an add-on control system rather Techniques (ACT) for automobile equipment which may be driven or than through compliant coatings, if refinishing, EPA’s 1992 VOC model drawn on a roadway, including but not certain compliance procedures are rules, as well as automobile refinishing limited to the following: truck bodies; followed in section 6. rules adopted in other states. truck trailers; cargo vaults; utility Section 3 further provides that any bodies; camper shells; construction person applying any refinishing coating II. Evaluation of Submittal equipment such as mobile cranes, or surface preparation product must As previously discussed, Indiana bulldozers, and concrete mixers; meet the applicable control intends that this SIP revision submittal farming equipment such as tractors, requirements, work practice standards, will be one of the control measures plows, and pesticide sprayers; and compliance procedures, test procedures, which will satisfy 15% ROP plan and miscellaneous equipment such as street control system provisions, and record contingency measure requirements cleaners, golf carts, ground support keeping and reporting requirements of under the Act. vehicles, tow motors, and fork lifts. the rule, by May 1, 1996. A review of what emission reduction The activities exempt from the Finally, on and after May 1, 1996, this SIP achieves for purposes of the requirement of the rule are defined as section 3 prohibits any person from Indiana 15% ROP plans and follows. Section 2(2) defines ‘‘aerosol soliciting or requiring any refinishing contingency measures will be addressed coating products’’ to mean a mixture of facility to use a refinishing coating or when EPA takes rulemaking action on resins, pigments, liquid solvents, and surface preparation product that does the Lake and Porter 15% ROP and gaseous propellants, packaged in a not comply with applicable VOC contingency measures SIP, and the disposable can for hand-held content limits contained in the rule,

VerDate 29-MAY-96 20:21 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\P13JN0.PT1 13jnr1 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations 29967 unless that facility operates a compliant are necessary due to unusual and or electrostatic equipment meet the 65% add-on control system. These dates are uncommon job performance transfer efficiency requirement, the all well within the November 15, 1996, requirements, including but not limited refinisher is required under section 5 to deadline by which rules must be to, the following: weld-through primers, submit sufficient data for IDEM to be implemented in order to be creditable adhesion promoters, uniform finish able to determine accuracy of the toward the 15% ROP plan. blenders, elastomeric materials, gloss transfer efficiency claims. All coating flatteners, bright metal trim repair, and applicators as well as applicator Emission Limitations multi-color coatings. These sub- cleaning devices are further required The rule’s VOC content limits for categories of specialty coatings are under section 5 to be operated and coatings and surface preparation further defined in section 2 of the rule. maintained according to the products are established in section 4, Work Practice Standards manufacturer’s recommendations, and and are generally consistent with option those recommendations shall be 1 limits specified in the ACT and draft In addition to coating and surface available for inspection by IDEM or EPA CTG. The limits specified in section 4 preparation product emission limits, upon request. of the rule are as follows: subject owners or operators of As for storage equipment refinishing facilities must comply with requirements, section 5 specifies that VOC content limit certain work practice standards under closed, gasket-sealed containers must be section 5, which include equipment, Coating category grams/ lbs/gal- used exclusively to store spent solvent, liter lon housekeeping, and training waste coating, spray booth filter, paper requirements, to further reduce VOC. and cloth used in surface preparation Pretreatment wash prim- The rule’s work practice standards and surface cleanup, and used er ...... 780 6.5 require certain equipment be used to automotive fluids until disposed of off- Precoat ...... 660 5.5 apply coatings, to clean the coating site. Primer/Primer surfacer 576 4.8 applicators, and to store waste solvent, In addition to equipment standards, Primer sealer ...... 552 4.6 coating, and other materials used in section 5 requires subject refinishers to Topcoat: surface preparation, coating application, Single and two stage 600 5.0 adopt certain housekeeping practices, Three and four stage 624 5.2 and clean-up. These equipment such as scheduling operations of a Specialty ...... 840 7.0 standards are based upon similar similar nature to reduce VOC material Surface Preparation provisions in the ACT and draft CTG. and applying coatings and surface Products (Plastic) ...... 780 6.5 Section 5 specifies that coating preparation products in a manner that Surface Preparation applicators be cleaned in an enclosed minimizes overspray. Operators and Products (Other) ...... 168 1.4 device that: (1) is closed during coating owners of subject refinishing facilities applicator equipment cleaning must also, under section 5, develop an For purposes of this rule, ‘‘VOC operations except when depositing and annual training program using written content,’’ is defined under section 2(54) removing objects to be cleaned, (2) is and hands-on procedures to properly to mean the weight of VOC, less water, closed during non-cleaning operations instruct employees on how to and less exempt solvent, per unit with the exception of the device’s implement these housekeeping volume, of coating or surface maintenance and repair, (3) recirculates practices, how to properly use and preparation product. Subject refinishers cleaning solvent during the cleaning maintain the equipment required by must meet these VOC content limits on operation so that the solvent is available section 5, prepare coatings for an as-applied basis. for reuse on-site or for disposal off-site. As an alternative to meeting the VOC Section 5 also specifies that subject application according to manufacturer’s content limits of this rule, section 4 refinishers can only use the following instructions so that coatings meet allows subject refinishers to operate a equipment for coating application: (1) applicable VOC content limits as control system which must achieve an High-Volume Low-Pressure (HVLP) applied, and comply with the overall reduction of VOC of at least 81% spray equipment, (2) electrostatic recordkeeping requirements of the rule. in order to be in compliance. For equipment, or (3) any other coating Untrained employees are allowed to purposes of this rule, overall control application equipment that has been perform regulated activities for not more efficiency is defined in section 2 as the demonstrated, to the satisfaction of than 180 days. product of the capture and control IDEM, to be capable of achieving at least Compliance Procedures, Record device efficiencies of the control system. 65% transfer efficiency. For purposes of Keeping, and Reporting The capture efficiency is the fraction of this rule, ‘‘HVLP spray’’ is defined all VOC applied that is directed to a under section 2(27) to mean technology VOC Content Limits control device and control device used to apply coating to a substrate by In order to demonstrate compliance efficiency is the ratio of the pollution means of coating application equipment with the VOC content limits of the rule, destroyed or secured by a control device which operates between 0.1 and 10 section 6(a) requires refinishing product and the pollution introduced into the pounds per square inch gauge air manufacturers to keep, for each coating control device, expressed as a fraction. pressure measured dynamically at the or surface preparation product supplied, Section 4 also requires that the center of the air cap and at the air horns the following: (1) the product application of all specialty coatings of the spray system. ‘‘Electrostatic description; (2) the date of manufacture; except anti-glare/safety coatings shall application’’ is defined under section (3) the thinning instructions; (4) the not exceed 5% by volume of all coatings 2(20) to mean the application to a VOC content in grams per liter and applied on a monthly basis, based upon substrate of charged atomized paint pounds per gallon, as supplied and as a draft CTG recommendation to assure droplets which are deposited by applied after any thinning that specialty coatings are not used as electrostatic attraction. Equipment recommended by the manufacturer; (5) substitutes for coatings which have which matches any of the above a statement that the coating is, or is not, more stringent emission limits. definitions is acceptable to be used in compliance with the VOC limits in ‘‘Specialty coatings’’ is defined at under the rule. To determine whether section 4(b) of the rule, and that if the section 2(45) to mean coatings which applicator equipment other than HVLP coating is not in compliance, this rule

VerDate 29-MAY-96 20:21 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\P13JN0.PT1 13jnr1 29968 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations prohibits its application at a refinishing not capable of being used as substitutes or before May 1, 1996, in accordance facility that does not control VOC for the subject coatings. with the test method and requirements emissions with the application of a Owners and operators must also, of section 7, which, as stated before, control system; and (6) the name, under section 9(a)(3), maintain include 40 CFR 60 Appendix A and 326 address, telephone number, and documents such as Material Safety Data IAC 8–1–4. Section 4 also requires an signature of the person purchasing the Sheets (MSDS), product, or other data operating parameter value be product. The manufacturer must also sheets provided by the coating established during the initial provide a document containing this manufacturer, distributor, or supplier, of compliance test, that, when measured information to the owner or operator of the coatings or surface preparation through control system monitoring, the refinishing facility. products for a period of 3 years indicates compliance with the 81% Commercial providers of coating or following use of the product, which may overall control efficiency requirement. surface preparation products in the be used by EPA or IDEM to verify the Section 8(b) establishes the procedures subject counties are required under VOC content, as supplied. Except when for determining and monitoring the section 6(b) to both provide to the using a control system, section 9(a)(4) operating parameter for each type of recipient and keep the following records requires any incidence in which a non- control device, which are consistent of all such products supplied in those compliant coating was used to be with the 1992 VOC model rules. Section counties: (1) the product description; (2) reported to IDEM within 30 days, along 7(c) requires additional compliance tests the amount supplied; (3) the date with the reasons for use of the non- every two years after the date of the supplied; (4) the VOC content in grams compliant coating and corrective actions initial compliance test, whenever the per liter and pounds per gallon, as taken. control system is operated under supplied and as applied after thinning Owners and operators are allowed conditions different from those which recommended by the manufacturer; and under section 7 to use data provided were in place at the time of the previous (5) the name, address, telephone with the coatings or surface preparation compliance test, and within 30 days of number, and signature of the person products formulation information, such a written request by IDEM or the EPA. purchasing the product. as the container label, the product data These compliance tests are required to The owner or operator of a refinishing sheet, and the MSDS sheet, in order to be submitted to IDEM as required by facility subject to this rule is required comply with the limits and record section 7(c). under section 6(c) to submit to IDEM a keeping; however, section 7 provides Section 4(c)(5) specifies that statement certifying that the facility has that owners and operators of refinishing continuous compliance is demonstrated acquired and will continuously employ facilities are nonetheless subject to the when the operating parameter value coating or surface preparation products applicable test methods of 326 IAC 8– remains within a specified range from meeting the rule’s VOC limits, or that an 1–4 and 40 CFR part 60, Appendix A. the operating parameter measured add-on control system in compliance of 326 IAC 8–1–4, the State’s VOC rule during the most recent compliance test this rule has been installed, including a testing procedures, was approved by that demonstrated the facility was in description of the control system. EPA and incorporated in the Indiana compliance. Section 9(b) requires that Further, the owner or operator must SIP on March 6, 1992 (57 FR at 8082). continuous monitoring records of the meet coating and surface preparation 40 CFR Part 60 Appendix A is Method control system’s operating parameter record keeping requirements under 24, EPA’s established test method for measured shall be maintained, as well section 9 which includes keeping, for a determining VOC content. as records of all 3 hour periods of minimum of 3 years, records of each IDEM and EPA are allowed under operation when controls systems exceed refinishing job performed, the job section 7 to require VOC content parameter deviations acceptable under identification number and the date or verification of any coating or surface section 4(c)(5). dates the job was performed, and for preparation product using EPA Method Section 8(a) requires control systems each coating or surface preparation 24. In the event of any inconsistency be operated and maintained according product used: (1) the records of the between Method 24 and product to the manufacturer’s specification and category the coating or product falls formulation data used by the facility, instructions, with a copy of these under the rule; (2) the quantity of section 7 provides that Method 24 shall operating and maintenance procedures coating or product used; (3) the VOC govern in determining compliance. maintained as close to the control content of the coating as supplied; (4) The record keeping/reporting system as possible for reference of the name and identification of additives requirements for subject facilities are personnel and inspectors. The operation added; (5) the quantity of additives generally consistent with the draft CTG of the control system may be modified added; (6) the VOC content of the and assure compliance on an as-applied upon written request of IDEM or EPA additives; and (7) for each surface basis. Additionally, the rule’s based on the results of the initial or preparation product, the type of requirements for manufacturers and subsequent compliance test. Section substrate to which the product is distributors to meet the coating limits 9(b) requires that a log of the operating applied. Although the VOC policy should assure sufficient supply of time of the facility and the facility’s memo ‘‘Exemptions for Low-Use compliant coatings so that owners or capture system, control device, and Coatings’’ recommends usage operators of refinishing facilities can monitoring equipment, along with a limitations and record keeping of rule- comply with the rule. The compliance, maintenance log for the control system, exempt coatings in order to assure testing, and record keeping and the monitoring equipment detailing exempted coatings are not used as requirements for coatings and surface all routine and nonroutine maintenance substitutes for coatings subject to limits preparation products are, therefore, performed. The log shall include the under the rule, additional record approvable. dates and duration of any outages of the keeping to cover the aerosol coating, capture system, the control device, or graphic design application coatings, and Add-on Control Systems the monitoring system. Control system touch-up coatings exempted under For demonstration of compliance with and monitoring record keeping, shall, section 1 of the rule is not needed, the control system requirements, section like coating record keeping, be kept for because these coatings are typically 4 requires the source to perform an at least 3 years. Section 9(b)(7) requires dispensed from small containers and are initial compliance test of the system on that sources report within 30 days of

VerDate 29-MAY-96 20:21 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\P13JN0.PT1 13jnr1 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations 29969 occurrence of maintenance or repairs on have been trained, and the date by timely adverse or critical comments are control system or monitoring which the trainee completed each filed. The ‘‘direct final’’ approval shall equipment, and any 3 hour period of training topic, as well as a statement be effective on August 12, 1996, unless operation where the acceptable signed by the trainer certifying each EPA receives adverse or critical parameter range under section 4(c)(5) is trainee who satisfactorily completed comments by July 15, 1996. If EPA exceeded, along with the corrective training in the equipment, receives comments adverse to or critical action taken. housekeeping, and record keeping of the approval discussed above, EPA The above requirements are generally requirements of the rule as they apply will withdraw this approval before its consistent with the 1992 VOC model to the specific job responsibilities of the effective date by publishing a rules’ compliance procedures and employee. These record keeping subsequent Federal Register document record keeping/reporting requirements requirements are approvable. which withdraws this final action. All as they pertain to add-on control public comments received will then be equipment, except that the 1992 VOC Enforcement addressed in a subsequent rulemaking model rules do not allow for acceptable The Indiana Code (IC) 13–7–13–1, document. Any parties interested in operating parameter deviations from the states that any person who violates any commenting on this action should do so parameter value established through provision of IC 13–1–1, IC 13–1–3, or IC at this time. If no such comments are compliance testing, and EPA has no 13–1–11, or any regulation or standard received, EPA hereby advises the public technical support which demonstrates adopted by one (1) of the boards (i.e., that this action will be effective on that control systems still meet the 81% IAPCB), or who violates any August 12, 1996. requirement when operating under the determination, permit, or order made or B. Executive Order 12866 rule’s allowable performance deviations. issued by the commissioner (of IDEM) However, because compliant coatings pursuant to IC 13–1–1, or IC 13–1–3, is This action has been classified as a will be readily available due to the liable for a civil penalty not to exceed Table 3 action for signature by the rule’s coating supplier requirements, twenty-five thousand dollars per day of Regional Administrator under the and add-on control equipment is cost any violation. Because this submittal is procedures published in the Federal prohibitive for most autobody shops, a regulation adopted by the IAPCB, a Register on January 19, 1989 (54 FR EPA does not expect that many violation of which subjects the violator 2214–2225), as revised by a July 10, refinishing facilities will comply with to penalties under IC 13–7–13–1, and 1995, memorandum from Mary D. the Indiana rule through means of a because a violation of the ozone SIP Nichols, Assistant Administrator for Air control system. Since control systems would also subject a violator to and Radiation. The Office of are expected to be rarely used by enforcement under section 113 of the Management and Budget (OMB) has Indiana’s automobile refinishing Act by EPA, EPA finds that the exempted this regulatory action from facilities, EPA will not request Indiana submittal contains sufficient Executive Order 12866 review. to remove the operating parameter enforcement authority for approval. In C. Applicability to Future SIP Decisions deviation allowance for approval. It addition, IDEM has submitted a civil should be noted that such acceptable penalty policy document which Nothing in this action should be parameter deviations will not be accounts for various factors in the construed as permitting, allowing or acceptable in RACT rules without assessment of an appropriate civil establishing a precedent for any future sufficient technical support. Based on penalty for noncompliance with IAPCB request for revision to any SIP. EPA the above analysis, the compliance, rules, among them, the severity of the shall consider each request for revision testing, and record keeping provisions violation, intent of the violator, and to the SIP in light of specific technical, for add-on control systems are frequency of violations. EPA finds these economic, and environmental factors approvable. criteria sufficient to deter non- and in relation to relevant statutory and regulatory requirements. Work Practice Standards compliance. The draft CTG recommends record III. Final Rulemaking Action D. Unfunded Mandates Section 202 of the Unfunded keeping be required to assure Based upon the analysis above, the Mandates Reform Act of 1995 compliance with equipment standards EPA finds that Indiana’s regulation (‘‘Unfunded Mandates Act’’) (signed under the rule, including maintenance covering automobile refinishing into law on March 22, 1995) requires and repair records, and for equipment operations, 326 IAC 8–10, as submitted that the EPA prepare a budgetary impact cleaners, records of guns cleaned and on September 19, 1995, and November statement before promulgating a rule solvent added and removed. 8, 1995, includes enforceable state Although the Indiana rule does not that includes a Federal mandate that regulations consistent with Federal identify specific record keeping for may result in expenditure by State, requirements. EPA is, therefore, equipment covered under the rule, local, and tribal governments, in approving this SIP revision submittal. inspection of coating applicators, aggregate, or by the private sector, of cleaning equipment, and storage IV. Procedural Background $100 million or more in any one year. containers used at a given facility, along Section 203 requires the EPA to A. Direct Final Action with the manufacturer’s maintenance establish a plan for obtaining input from instructions required to be available at The EPA is publishing this action and informing, educating, and advising the facility under the rule, should without prior proposal because EPA any small governments that may be suffice to indicate compliance with the views this action as a noncontroversial significantly or uniquely affected by the equipment standards. revision and anticipates no adverse rule. As for the Indiana rule’s comments. However, EPA is publishing Under section 205 of the Unfunded housekeeping and annual training a separate document in this Federal Mandates Act, the EPA must identify requirements, section 5 requires that the Register publication, which constitutes and consider a reasonable number of owner or operator keep for a minimum a ‘‘proposed approval’’ of the requested regulatory alternatives before of 3 years a list of persons, by name and SIP revision and clarifies that the promulgating a rule for which a activity, and the topics in which they rulemaking will not be deemed final if budgetary impact statement must be

VerDate 29-MAY-96 20:21 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\P13JN0.PT1 13jnr1 29970 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Rules and Regulations prepared. The EPA must select from purposes of judicial review nor does it November 1, 1995. Effective November those alternatives the least costly, most extend the time within which a petition 2, 1995. cost-effective, or least burdensome for judicial review may be filed, and * * * * * alternative that achieves the objectives shall not postpone the effectiveness of [FR Doc. 96–14965 Filed 6–12–96; 8:45 am] of the rule, unless the EPA explains why such rule or action. This action may not BILLING CODE 6560±50±P this alternative is not selected or the be challenged later in proceedings to selection of this alternative is enforce its requirements. (See Section inconsistent with law. 307(b)(2)). 40 CFR Parts 52 and 81 This final rule only approves the incorporation of existing state rules into List of Subjects in 40 CFR Part 52 [NM 28±1±7312; FRL±5514±2] the SIP and imposes no additional Environmental protection, Air requirements. This rule is estimated to Approval and Promulgation of result in the expenditure by State, local, pollution control, Incorporation by Implementation Plans and Designation and tribal governments or the private reference, Ozone, Volatile organic of Areas for Air Quality Planning sector of less than $100 million in any compounds. Purposes; State of New Mexico; one year. EPA, therefore, has not Dated: May 13, 1996. Approval of the Vehicle Inspection and prepared a budgetary impact statement Maintenance Program, Emissions Valdas V. Adamkus, Inventory, and Maintenance Plan; or specifically addressed the selection of Regional Administrator. the least costly, most cost-effective, or Redesignation to Attainment; least burdensome alternative. For the reasons stated in the Albuquerque/Bernalillo County, New Furthermore, because small preamble, part 52, chapter I, title 40 of Mexico; Carbon Monoxide governments will not be significantly or the Code of Federal Regulations is AGENCY: Environmental Protection uniquely affected by this rule, the EPA amended as follows: Agency (EPA). is not required to develop a plan with ACTION: Final rule. regard to small governments. PART 52Ð[AMENDED] E. Regulatory Flexibility SUMMARY: EPA is redesignating to 1. The authority citation for part 52 attainment the Albuquerque/Bernalillo Under the Regulatory Flexibility Act, continues to read as follows: County carbon monoxide (CO) 5 U.S.C. section 600 et seq., EPA must Authority: 42 U.S.C. 7401–7671q. nonattainment area. This action is in prepare a regulatory flexibility analysis response to a request from the Governor 2. Section 52.770 is amended by assessing the impact of any proposed or of New Mexico on behalf of the adding paragraph (c)(106) to read as final rule on small entities. (5 U.S.C. Albuquerque and Bernalillo County follows: sections 603 and 604.) Alternatively, carbon monoxide nonattainment area. EPA may certify that the rule will not § 52.770 Identification of plan. The Governor’s request included a have a significant impact on a * * * * * revision to the State Implementation substantial number of small entities. Plan (SIP) for the administration of a Small entities include small businesses, (c) * * * vehicle inspection and maintenance (I/ small not-for-profit enterprises, and (106) On September 19, 1995, and M) program, a 1993 emissions inventory government entities with jurisdiction November 8, 1995, Indiana submitted for Albuquerque/Bernalillo County, and over populations of less than 50,000. automobile and mobile equipment an attainment maintenance plan. On SIP approvals under section 110 and refinishing rules for Clark, Floyd, Lake, February 16, 1996, the EPA proposed subchapter I, part D of the Clean Air Act and Porter Counties as a revision to the approval of the Albuquerque/ Bernalillo do not create any new requirements, but State Implementation Plan. This rule County I/M program, 1993 periodic simply approve requirements a State has requires suppliers and refinishers to emissions inventory, the maintenance already imposed. Therefore, because the meet volatile organic compound content plan, and the request for redesignation, Federal SIP-approval does not impose limits or equivalent control measures for because all met the requirements set any new requirements, I certify that it coatings used in automobile and mobile forth in the Clean Air Act (Act). This does not have a significant impact on equipment refinishing operations in the final action promulgates the rule, any small entities affected. Moreover, four counties, as well as establishing redesignating the area to attainment, due to the nature of the Federal-State certain coating applicator and and incorporating the request into the relationship under the Act, preparation equipment cleaning requirements. SIP. of a regulatory flexibility analysis would EFFECTIVE DATE: constitute Federal inquiry into the (i) Incorporation by reference. 326 July 15, 1996. economic reasonableness of the State Indiana Administrative Code 8–10: ADDRESSES: Copies of the documents action. The Clean Air Act forbids EPA Automobile refinishing, Section 1: relevant to this action are available for to base its actions concerning SIPs on Applicability, Section 2: Definitions, public inspection during normal such grounds. Union Electric Co. v. Section 3: Requirements, Section 4: business hours at the addresses listed EPA., 427 U.S. 246, 256–66 (S.Ct. 1976); Means to limit volatile organic below. The interested persons wanting 42 U.S.C. section 7410(a)(2). compound emissions, Section 5: Work to examine these documents should practice standards, Section 6: make an appointment with the F. Petitions for Judicial Review Compliance procedures, Section 7: Test appropriate office at least twenty-four Under section 307(b)(1) of the Clean procedures, Section 8: Control system hours before the visiting day. Air Act, petitions for judicial review of operation, maintenance, and Air and Radiation Docket and this action must be filed in the United monitoring, and Section 9: Record Information Center (Air Docket Room States Court of Appeals for the keeping and reporting. Adopted by the M1500), Environmental Protection appropriate circuit by August 12, 1996. Indiana Air Pollution Control Board Agency, 401 M Street SW., Filing a petition for reconsideration by June 7, 1995. Filed with the Secretary of Washington, D. C. 20460 the Administrator of this final rule does State October 3, 1995. Published at Environmental Protection Agency, not affect the finality of this rule for the Indiana Register, Volume 19, Number 2, Region 6, Air Planning Section (6PD–

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L), 1445 Ross Avenue, Suite 1200, (section 187(a)(4)); and (6) an III. Response to Comments Dallas, Texas 75202–2733 oxygenated fuels program (section Albuquerque Environmental Health 211(m)). The EPA received one letter Department, Air Pollution Control containing adverse comments to the Several of these items required to be Division, One Civic Plaza Room 3023, proposed action. in the City/County CO SIP were Albuquerque, New Mexico 87102. Comment: The commenter questioned approved at different times prior to this FOR FURTHER INFORMATION CONTACT: Mr. whether the City of Albuquerque and action. The 1990 base year inventory, Bernalillo County would be in Matthew Witosky, Air Planning Section the oxygenated fuels program, and the (6PD–L), Multimedia Planning and attainment if a previously operational winter wood burning program were Permitting Division, EPA Region 6, 1445 special-purpose monitor were still in approved on November 29, 1993, at 58 Ross Avenue, Dallas, Texas 75202–2733, place. The commenter contended that FR 62535. The nonattainment New telephone (214) 665–7214. the permanent monitoring network in Source Review program was approved place does not accurately reflect air SUPPLEMENTARY INFORMATION: on December 21, 1994, at 58 FR 67326. quality in the ‘‘Uptown’’ area of the I. Background Required contingency measures were City. approved on May 5, 1995, at 59 FR Albuquerque/Bernalillo County, New Response: The EPA disagrees with 23167. Transportation conformity rules Mexico, was designated nonattainment this comment in two respects. The City/ were approved on November 8, 1995, at for CO and classified as moderate with County operates an extensive CO 60 FR 56238. This action provides final a design value below 12.7 parts per monitoring network that sufficiently million (ppm) (specifically 11.1 ppm), approval for the 1993 emissions covers the nonattainment area, under sections 107(d)(4)(A) and 186(a) inventory, the vehicle inspection and operating more monitors than required of the Act, upon enactment of the Clean maintenance program, the attainment of cities of equal or greater population Air Act Amendments (CAAA) of 1990 maintenance plan, and the maintenance and area. All current monitoring sites 2 (the Act).1 Please reference 56 FR 56694 contingency provisions. Hence, the meet the siting criteria the EPA uses to (November 6, 1991) and 57 FR 13498 City/County has a completely approved evaluate the location of individual and 13529 (April 16, 1992). On SIP for the purposes of redesignation. monitors. The network as a whole also November 5, 1992, the Governor of New The Albuquerque/Bernalillo County conforms to the current EPA policy and Mexico submitted to the EPA a SIP Air Quality Control Board has ambient guidance that dictate coverage and revision for CO concerning monitoring data showing attainment of resolution of monitoring data within a Albuquerque/Bernalillo County that was the CO National Ambient Air Quality given domain to demonstrate intended to satisfy the Act’s Standards (NAAQS) during the period attainment. requirements due on November 15, from 1992 through all of 1995. The EPA reviewed the comment with 1992. The Act outlines certain required Therefore, in an effort to comply with the City/County to determine if air items to be included in CO SIPs. The the Act and to ensure continued quality analysis had been conducted in required items for the Albuquerque/ attainment of the CO NAAQS, on April the ‘‘Uptown’’ area of the City. The City/ Bernalillo County CO SIP, due 14, 1995, the Governor of New Mexico County provided documentation and November 15, 1992, included: (1) a submitted a CO redesignation request analysis of a monitoring exercise carried comprehensive, accurate, and current and a maintenance plan for the out in the high CO season of 1995. The inventory of actual emissions from all Albuquerque/Bernalillo County area. City/County deployed two special sources of CO in the nonattainment area The redesignation request and purpose monitors for 11 days to discern (sections 172(c)(3) and 187(a)(1) of the maintenance plan were both approved if a CO ‘‘hot spot’’ exists at the Act); (2) no later than September 30, by the Albuquerque/Bernalillo County intersection nearest the previous site of 1995, and no later than the end of each Air Quality Control Board (hereafter the special purpose monitor. Direct three year period thereafter, until the referred to as City/County) after a public monitoring data showed little area is redesignated to attainment, a hearing held on April 13, 1995. possibility that ambient CO revised inventory meeting the concentrations currently present a requirements of sections 187(a)(1) and II. Evaluation of Petition problem for human health or the 187(a)(5) of the Act; (3) a permit environment. The monitoring data program to be submitted by November The Act revised section 107(d)(3)(E) to provide specific requirements that an generated by the special purpose 15, 1993, which meets the requirements monitor indicate CO levels in of section 173 for the construction and area must meet in order to be redesignated from nonattainment to compliance with the national standards. operation of new and modified major It should be pointed out that the special stationary sources of CO (section attainment. The EPA performed a detailed analysis of the City/County’s purpose monitors were placed to 172(c)(5)); (4) contingency measures due measure the highest possible November 15, 1993, that are to be petition and proposed approval on concentrations at the locations in implemented if the EPA determines that February 16, 1996 (see 61 FR 6179). The question, and CO levels still remained the area has failed to attain the primary EPA concluded that the City/County below national standards. Statistical standards by the applicable date had met all applicable requirements. No tests on the correlation between CO (section 172(c)(9)); (5) a commitment to comments received during the public values at the permanent and special upgrade and submit a SIP revision for comment period have given the EPA purpose monitors indicate that the the I/M program by November 15, 1993, cause to rescind the proposed approval. monitoring data were representative of Please see the proposed rule and air quality, reasonable and accurate. 1 The Clean Air Act as amended (1990 Technical Support Document (TSD) for Hence, the City/County has adequately Amendments) made significant changes to the air the complete analysis. quality planning requirements for areas that do not ascertained that the existing monitoring meet (or that significantly contribute to ambient air network accurately reflects air quality in quality in a nearby area that does not meet) the CO 2 The attainment contingency measure approved NAAQS (see Pub. L. No. 101–549, 104 Stat. 2399). on May 5, 1995 at 59 FR 23167 would become one the ‘‘Uptown’’ area. To review the References herein are to the CAAA, 42 U.S.C. of two maintenance contingency measures through information provided by City/County, sections 7401 et seq. final action on this petition. see the addendum to the Technical

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Support Document (TSD) in the docket and addressed comments on the such rule or action. This action may not file. proposed approval of all these elements be challenged later in proceedings to Comment: The commenter asserted of the complete CO SIP. enforce its requirements. [See section that efforts of the City of Albuquerque This action has been classified as a 307(b)(2).] and Bernalillo County to reduce vehicle- Table 3 action under the procedures miles travelled (VMT) in the published in the FR on January 19, 1989 Unfunded Mandates nonattainment area are inadequate for (54 FR 2214–2225), as revised by a July Under sections 202, 203, and 205 of the City/County to achieve attainment. 10, 1995, memorandum from Mary the Unfunded Mandates Reform Act of Response: The EPA disagrees that the Nichols, Assistant Administrator for Air 1995 (Unfunded Mandates Act), signed City/County should be required to and Radiation. The Office of into law on March 22, 1995, EPA must implement additional reductions in Management and Budget has exempted undertake various actions in association VMT to attain the standard. The main this regulatory action from Executive with proposed or final rules that include components of the CO control program Order 12866 review. a Federal mandate that may result in are the vehicle inspection and Nothing in this action should be estimated costs of $100 million or more maintenance program, the oxygenated construed as permitting, allowing or to the private sector, or to State, local, fuels program, the episode contingency establishing a precedent for any future or tribal governments in the aggregate. plan, and the new source review permit request for revision to any SIP. The EPA program. The City/County has also shall consider each request for revision Through submission of this state adopted general and transportation to the SIP in light of specific technical, implementation plan or plan revision, conformity rules that are also currently economic, and environmental factors the State and any affected local or tribal being applied. Although the commenter and in relation to relevant statutory and governments have elected to adopt the specifically mentions high occupancy regulatory requirements. program provided for under section 110 vehicle (HOV) lanes, the use of mass of the Act. These rules may bind State, Miscellaneous transit, public education campaigns, local and tribal governments to perform and pedestrian and bike trails, these Under the Regulatory Flexibility Act, certain actions and also require the programs do not constitute the mainstay 5 U.S.C. § 600 et seq., the EPA must private sector to perform certain duties. of the CO control program, upon which prepare a regulatory flexibility analysis To the extent that the rules being the City/County achieved attainment assessing the impact of any proposed or approved by this action will impose no and requested redesignation. The main final rule on small entities (5 U.S.C. new requirements; such sources are parts of the control program, in §§ 603 and 604). Alternatively, the EPA already subject to these regulations conjunction with other federal may certify that the rule will not have under State law. Accordingly, no programs, have enabled the area to a significant impact on a substantial additional costs to State, local, or tribal achieve four years of continuous number of small entities. Small entities governments, or to the private sector, attainment with the CO standard. include small businesses, small not-for- result from this action. The EPA has Should the main parts of the program profit enterprises, and government also determined that this action does not achieve maintenence of the entities with jurisdiction over not include a mandate that may result standard, contingency measures will be populations of less than 50,000. in estimated costs of $100 million or applied without further action by the The SIP approvals under section 110 more to State, local, or tribal City/County to bring the area back into and subchapter I, part D, of the Act do governments in the aggregate or to the attainment. See the proposed rule for not create any new requirements, but private sector. simply approve requirements that the discussion of the applicable List of Subjects contingency measures. State is already imposing. Therefore, Comment: The commenter asserted because the Federal SIP-approval does 40 CFR Part 52 not impose any new requirements, I that implementation of the Intermodal Environmental protection, Air certify that it does not have a significant Multimodal Transporation Plan and pollution control, Carbon monoxide, impact on any small entities affected. Transportation Improvement Program is Incorporation by reference. deficient. Moreover, due to the nature of the Response: The implementation of the Federal-State relationship under the 40 CFR Part 81 Intermodal Multimodal Transporation Act, preparation of a regulatory Air pollution control, National parks, Plan and Transportation Improvement flexibility analysis would constitute and Wilderness areas. Plans (TIP) are not under the purview of Federal inquiry into the economic the EPA. The EPA takes this reasonableness of State action. The Act Dated: May 15, 1996. opportunity to point out that the U.S. forbids the EPA to base its actions Carol M. Browner, Department of Transportation renders concerning SIPs on such grounds Administator. the determination that the TIP does or (Union Electric Co. v. U.S. E.P.A., 427 40 CFR Parts 52 and 81 are amended does not conform to the SIP, for U.S. 246, 256–66 (1976); 42 U.S.C. as follows: transportation planning purposes. § 7410(a)(2)). Under section 307(b)(1) of the Act, PART 52Ð[AMENDED] IV. Final Action petitions for judicial review of this The EPA is issuing final approval of action must be filed in the United States 1. The authority citation for part 52 the request of the State of New Mexico Court of Appeals for the appropriate continues to read as follows: and Albuquerque/Bernalillo County to circuit by August 12, 1996. Filing a redesignate the Albuquerque CO petition for reconsideration by the Authority: 42 U.S.C. 7401–7671q. nonattainment area to attainment status. Administrator of this final rule does not The EPA is also issuing final approval affect the finality of this rule for the Subpart GGÐNew Mexico of the vehicle inspection and purposes of judicial review nor does it maintenance program, the 1993 periodic extend the time within which a petition 2. Section 52.1620 is amended by emissions inventory, and the attainment for judicial review may be filed, and adding paragraph (c)(63) to read as maintenance plan. The EPA received shall not postpone the effectiveness of follows:

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§ 52.1620 Identification of plan. Plan for Albuquerque/Bernalillo County 13, 1995, meets the requirements of * * * * * New Mexico. Section 172 of the Clean Air Act, and is (B) Albuquerque/Bernalillo County (c) * * * therefore approved. Air Quality Control Board Regulation (63) A revision to the New Mexico SIP No. 28, Motor Vehicle Inspection, as PART 81Ð[AMENDED] approving a request for redesignation to amended April 12, 1995 and effective attainment, a vehicle inspection and on July 1, 1995. 1. The authority citation for part 81 maintenance program, and the required (ii) Additional material. Carbon continues to read as follows: maintenance plan for the Albuquerque/ Monoxide Redesignation Request and Authority: 42 U.S.C. 7401–7671q. Bernalillo County CO nonattainment Maintenance Plan for Albuquerque/ area, submitted by the Governor on May Bernalillo County New Mexico, 11, 1995. The 1993 emissions inventory approved and adopted by the Air Subpart CÐSection 107 Attainment and projections were included in the Quality Control Board on April 13, Status Designations maintenance plan. 1995. 2. In § 81.332 the table for ‘‘New (i) Incorporation by reference. 3. Section 52.1627 is revised to read as follows: Mexico-Carbon Monoxide’’ is amended (A) A letter from the Governor of New by revising the entry for the Mexico to EPA dated April 14, 1995, in § 52.1627 Control strategy and Albuquerque Area Bernalillo County to which the Governor requested regulations: Carbon monoxide. read as follows: redesignation to attainment based on the Part D Approval. The Albuquerque/ adopted Carbon Monoxide Bernalillo County carbon monoxide § 81.332 New Mexico. Redesignation Request and Maintenance maintenance plan as adopted on April * * * * *

NEW MEXICO-CARBON MONOXIDE

Designation Classification

Date1 Type Date1 Type

Albuquerque Area Bernalillo County ...... July 15, 1996 ... Attainment...... 1 This date is November 15, 1990, unless otherwise noted.

* * * * * SUPPLEMENTARY INFORMATION: The on June 13, 1996. To purchase a copy [FR Doc. 96–14968 Filed 6–12–96; 8:45 am] exemption for the construction of of the decision, write to, call, or pick up BILLING CODE 6560±50±P connecting track was initially proposed in person from: DC News & Data, Inc., in Ex Parte No. 392 (Sub-No. 2). By 1201 Constitution Avenue, N.W., Room decision served on September 15, 1992, 2229, Washington, D.C. 20423. and notice of proposed rulemaking DEPARTMENT OF TRANSPORTATION (Assistance for the hearing impaired is published in the Federal Register on available through TDD service (202) Surface Transportation Board September 16, 1992 (57 FR 42733), our 927–5721.) predecessor agency, the Interstate 49 CFR Part 1150 Commerce Commission (ICC), sought List of Subjects in 49 CFR Part 1150 public comments on proposed changes [Ex Parte No. 392 (Sub-Nos. 2 and 3)] to 49 CFR Part 1150 that would Administrative practice and establish a class exemption for all rail procedure, Railroads. Class Exemption for the Construction construction, or, alternatively, for Decided: May 29, 1996. of Connecting Track and Rail construction of connecting railroad By the Board, Chairman Morgan, Vice Construction Under 49 U.S.C. 10901 tracks. The Board is adopting (with Chairman Simmons, and Commissioner minor changes) the proposed class AGENCY: Surface Transportation Board. Owen. exemption for the construction and Vernon A. Williams, ACTION: Final rule. operation of connecting tracks. We believe the changes will facilitate Secretary. SUMMARY: The Surface Transportation expanded rail service and reduce Board (the Board) grants final approval For the reasons set forth in the regulatory delay and also satisfy the to a class exemption for the construction preamble, Title 49, Chapter X, part 1150 requirements of the environmental laws, and operation of connecting railroad is amended as set forth below: because the exemption has been track in Ex Parte No. 392 (Sub-No. 2) structured so as to assure that there will PART 1150ÐCERTIFICATE TO and terminates the Ex Parte No. 392 be a full and timely environmental (Sub-No. 3) proceeding that proposed to CONSTRUCT, ACQUIRE, OR OPERATE review in each case. We do not believe RAILROAD LINES adopt a different class exemption for all a class exemption for other rail rail construction projects not covered by constructions is warranted. Therefore, the connecting track exemption. Final 1. The authority citation for part 1150 we will terminate the Ex Parte No. 392 is revised to read as follows: regulations establishing the exemption (Sub-No. 3) proceeding and simply for connecting track are set forth below. continue our practice of expeditiously Authority: 5 U.S.C. 553 and 559; 49 U.S.C. EFFECTIVE DATE: July 13, 1996. handling individual construction 701 note (sec. 204 of the ICC Termination Act of 1995), 721(a), 10502, and 10901. FOR FURTHER INFORMATION CONTACT: exemption requests as an alternative to Joseph Dettmar, (202) 927–5660. [TDD the class exemption the ICC had 2. A new § 1150.36 is added to read for the hearing impaired: (202) 927– proposed. Additional information is as follows: 5721.] contained in the Board’s decision served

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§ 1150.36 Exempt construction of Clearinghouse (if there is no serious adverse environmental connecting track. clearinghouse, the State Environmental consequences that cannot be adequately (a) Scope. This class exemption Protection Agency), of each State mitigated, it may deny authority to applies to proceedings involving the involved. The pre-filing notice shall proceed with the construction under the construction and operation of include: the name and address of the class exemption (the ‘‘no-build’’ connecting lines of railroad within railroad (or other entity proposing to alternative). Persons believing that they existing rail rights-of-way, or on land construct the line) and the proposed can show that the need for a particular owned by connecting railroads, under operator; a complete description of the line outweighs the adverse 49 U.S.C. 10901 (a), (b), and (c). (See the proposed construction and operation, environmental consequences can file an reference to connecting track in 49 CFR including a map; an indication that the application for approval of the proposed 1105.6(b)(1).) This class exemption is class exemption procedure is being construction under 49 U.S.C. 10901. designed to expedite and facilitate used; and the approximate date that (5) No construction may begin until connecting track construction while construction is proposed to begin. This the Board has completed its ensuring full and timely environmental pre-filing notice shall include a environmental review and issued a final review. The Surface Transportation certification that the petitioner will decision. Board (Board) has found that its prior comply with the Board’s environmental (6) Petitions to stay the effective date review of connecting track construction regulations, codified at 49 CFR part of the notice of exemption on other than and operation is not necessary to carry 1105, and a statement that those environmental and/or historic out the rail transportation policy of 49 regulations generally require the Board preservation grounds must be filed U.S.C. 10101; that continued regulation to: within 10 days of the Federal Register is not necessary to protect shippers from (i) Prepare an environmental publication. Petitions to stay the abuse of market power; and that the assessment (EA) (or environmental effective date of the notice on construction of connecting track would impact statement (EIS) if necessary), environmental and/or historic be of limited scope. See 49 U.S.C. (ii) Make the document (EA or EIS, as preservation grounds may be filed at 10502. To use this class exemption, a appropriate) available to the parties (and any time but must be filed sufficiently pre-filing notice, environmental report, to the public, upon request to SEA); and in advance of the effective date to allow historic report, and notice of exemption (iii) Accept for filing and the Board to consider and act on the must be filed that complies with the consideration comments on the petition before the notice becomes procedures in § 1150.36 (b) and (c), and environmental document as well as effective. Petitions for reconsideration the Board’s environmental rules, petitions for stay and reconsideration. must be filed within 20 days of the codified at 49 CFR part 1105. (2) Petitioner must file a verified Federal Register publication. (b) Environmental requirements. The notice of exemption with the Board at (7) The exemption generally will be environmental regulations at 49 CFR least 90 days before the construction is effective 70 days after publication in the part 1105 must be complied with fully. proposed to begin. In addition to the Federal Register, unless stayed. If the An environmental report containing the information contained in notice of exemption contains false or information specified at 49 CFR § 1150.36(c)(1), the notice shall include misleading information, the exemption 1105.7(e), as well as an historic report a statement certifying compliance with is void ab initio and the Board shall containing the information specified at the environmental rules at 49 CFR part summarily reject the exemption notice. 49 CFR 1105.8(d), must be filed either 1105 and the pre-filing notice (8) Where significant environmental before or at the same time as the notice requirements of 49 CFR 1150.36(c)(1). issues have been raised or discovered of exemption is filed. See 49 CFR (3) The Board, through the Director of during the environmental review 1105.7(a). The entity seeking the the Office of Proceedings, shall publish process, the Board shall issue, on or exemption authority must also serve a notice in the Federal Register within before the effective date of the copies of the environmental report on 20 days after the notice of exemption is exemption, a final decision allowing the the agencies listed at 49 CFR 1105.7(b). received that describes the construction exemption to become effective and Because the environmental report must project and invites comments. SEA will imposing appropriate mitigating include a certification that appropriate then prepare an EA (or, if necessary, an conditions or taking other appropriate agencies have been consulted in its EIS). The EA generally will be made action such as selecting the ‘‘no build’’ preparation (see 49 CFR 1105.7(c)), available 15 days after the Federal alternative. parties should begin environmental and Register notice. It will be served on all (9) Where there has been full historic consultations well before the parties and appropriate agencies. Others environmental review and no significant notice of exemption is filed. may request a copy from SEA. The environmental issues have been raised Environmental requirements may be deadline for submission of comments on or discovered, the Board, through the waived or modified where a petitioner the EA will generally be within 30 days Director of the Office of Proceedings, demonstrates in writing that such action of its availability (see 49 CFR shall issue, on or before the effective is appropriate. See 49 CFR 1105.10(c). It 1105.10(b)). If an EIS is prepared, the date of the exemption, a final decision is to the advantage of parties to consult time frames and procedures set forth in consisting of a Finding of No Significant with the Board’s Section of 49 CFR 1105.10(a) generally will apply. Impact (FONSI) to show that the Environmental Analysis (SEA) at the (4) The Board’s environmental environmental record has been earliest possible date to begin document (together with any comments considered (see 49 CFR 1105.10(g)). environmental review. and SEA’s recommendations) shall be (10) The Board, on its own motion or (c) Procedures and dates. (1) At least used in deciding whether to allow the at the request of a party to the case, will 20 days prior to the filing of a notice of particular construction project to stay the effective date of individual exemption with the Board, the party proceed under the class exemption and notices of exemption when an informed seeking the exemption authority must whether to impose appropriate decision on environmental issues notify in writing: the State Public mitigating conditions upon its use cannot be made prior to the date that the Service Commission, the State (including use of an environmentally exemption authority would otherwise Department of Transportation (or preferable route). If the Board concludes become effective. Stays will be granted equivalent agency), and the State that a particular project will result in initially for a period of 60 days to

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Proposed Rules Federal Register Vol. 61, No. 115

Thursday, June 13, 1996

This section of the FEDERAL REGISTER Susan Miles, Senior Attorney, investments regulations and related contains notices to the public of the proposed Regulations and Legislation Division, policy statements. issuance of rules and regulations. The (202) 906–6798; Dean Shahinian, Senior purpose of these notices is to give interested Since commencing its reinvention Counsel for Corporate Activities, initiative in the spring of 1995, OTS has persons an opportunity to participate in the Business Transactions Division, (202) rule making prior to the adoption of the final already repealed eight percent of its rules. 906–7289; or Deborah Dakin, Assistant regulations. In addition, in January of Chief Counsel, (202) 906–6445, 1996, OTS issued a comprehensive Regulations and Legislation Division, proposal on its lending and investment Chief Counsel’s Office, Office of Thrift DEPARTMENT OF THE TREASURY regulations.1 That proposal, once Supervision, 1700 G Street, NW., adopted in final form, will reduce the Office of Thrift Supervision Washington, D.C. 20552. number of lending and investment 12 CFR Parts 545, 559, 560, 563, 567, SUPPLEMENTARY INFORMATION: regulations from 43 to 23. Burden 571 Table of Contents reduction proposals regarding charter and bylaws and insurance referrals and [No. 96±47] I. Background of the Proposal II. Objectives loan-related fees will be issued in the RIN 1550±AA88 A. Create More User-Friendly Subsidiary near future. and Equity Investment Regulations Today’s proposal regarding Subsidiaries and Equity Investments B. Codify Pass-through Investment subsidiaries and equity investments is Authority AGENCY: Office of Thrift Supervision, C. Update the List of Preapproved also expected to result in significant Treasury. Activities for Service Corporations regulatory burden reduction. In ACTION: Notice of proposed rulemaking. D. Streamline Subsidiary Notice and developing this proposal, OTS Application Procedures considered the relevant regulations, SUMMARY: The Office of Thrift E. Clarify and Simplify Computation of the guidance, legal interpretations, and Supervision (OTS) is proposing to Service Corporation Investment Limit reporting requirements of the other update, reorganize, and streamline its F. Clarify What Constitutes a ‘‘Subsidiary’’ federal banking agencies. In addition, as subsidiaries and equity investment Under Various Regulatory Provisions and, in so Doing, Simplify Calculations with our other regulatory reinvention regulations and policy statements. This efforts, this proposal was prepared in proposal follows a detailed review of of Capital III. Historical Overview consultation with those who use the each pertinent regulation and policy A. Service Corporations regulations on a daily basis, including statement to determine whether it is B. Finance Subsidiaries the agency’s regional examination staff necessary, imposes the least possible C. Operating Subsidiaries and a focus group composed of burden consistent with safety and D. Pass-Through Investments representatives of the thrift industry. soundness, and is written in a clear, IV. Section-by-Section Analysis straightforward manner. Today’s A. New Part 559—Subsidiaries The consensus that emerged from this proposal is being made pursuant to the B. Amendments to Proposed New Part process is that the primary need in the 560—Lending and Investment Regulatory Reinvention Initiative of the subsidiaries and equity investment area C. Disposition of Existing Regulations is to enhance flexibility and clarify Vice President’s National Performance V. Chart Showing the Proposed Disposition Review and section 303 of the of Regulations available investment options, as Community Development and VI. Request for Comment opposed to simply eliminating large Regulatory Improvement Act of 1994. VII. Paperwork Reduction Act of 1995 portions of regulatory text. Thus, DATES: Comments must be received on VIII. Executive Order 12866 although today’s proposal does call for or before August 12, 1996. IX. Regulatory Flexibility Act Analysis the elimination of 12 paragraphs of X. Unfunded Mandates Act of 1995 regulatory text, the most significant ADDRESSES: Send comments to Manager, Dissemination Branch, Records I. Background of the Proposal burden reduction is expected to result from clarifying investment options and Management and Information Policy, In a comprehensive review of the streamlining procedural requirements. Office of Thrift Supervision, 1700 G agency’s regulations in the spring of Street, NW., Washington, D.C. 20552, 1995, OTS identified numerous II. Objectives Attention Docket No. 96–47. These provisions for immediate repeal, plus submissions may also be hand-delivered several key regulatory areas for further The overarching goal of OTS’s to 1700 G Street, NW., from 9:00 A.M. intensive, systematic regulatory burden reinvention initiative is to reduce to 5:00 P.M. on business days or may be analysis. These areas—lending and regulatory burden on savings sent by facsimile transmission to FAX investment authority, subsidiaries and associations to the greatest extent Number (202) 906–7755. Comments will equity investments, insurance referrals possible consistent with statutory be available for inspection at 1700 G and loan-related fees, and charter and requirements and safety and soundness. Street, NW., from 9:00 A.M. until 4:00 bylaws—were selected because they are In the context of the subsidiary and P.M. on business days. vital to thrift operations, and have not equity investment regulations, we FOR FURTHER INFORMATION CONTACT: been developed on an interagency basis believe that maximum burden reduction Debra Merkle, Project Manager, or been comprehensively reviewed for can be achieved by pursuing the Supervision Policy, (202) 906–5688; many years. Today’s proposal presents following six specific objectives: Donna Miller, Senior Program Manager, the results of an intensive review of Supervision Policy, (202) 906–7488; OTS’s subsidiary and equity 1 61 FR 1162 (January 17, 1996).

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A. Create More User-Friendly Subsidiary in companies that engage exclusively in The proposal also reemphasizes and Equity Investment Regulations activities that federal savings OTS’s longstanding position that federal Our first objective is to make it easier associations may conduct directly. thrifts may, on a case-by-case basis, for savings associations to find and These companies generally are apply for approval for their service understand the regulations governing organized as mutual funds or limited corporations to engage in any activity subsidiaries and equity investments. partnerships. Indirect investments of not on the preapproved list that is Industry representatives and other this type often offer important reasonably related to the operation of a benefits—such as risk spreading, reviewers expressed concern that the thrift. The preapproved list reflects the enhanced liquidity, and greater current subsidiary and equity most common service corporation investment security (due to any investment regulations are scattered activities and is not intended to be a overcollateralization or recourse throughout the regulations and are comprehensive statement of every commitment offered by the organizer of worded in a confusing manner. conceivable reasonably related activity. the pass-through entity). Accordingly, this proposal: D. Streamline Subsidiary Notice and • Because pass-through investment Reorganizes the regulations for authority has been discussed in OTS Application Procedures easier reference. New part 559 opinions and policy statements (rather The industry focus group made the consolidates all of the regulations that than the regulations), some institutions apply directly to subsidiaries. It features agency aware of confusion over may be unaware of this investment subsidiary notice and application a chart to allow ready comparisons of option and applicable restrictions. Even the requirements applicable to operating requirements, including what institutions that are aware of the option procedures apply when converting a subsidiaries and service corporations. frequently feel the need to write to OTS This should make it easier for savings subsidiary from a service corporation to seeking confirmation or clarification of an operating subsidiary or the reverse. associations to determine which the circumstances under which they structure will best meet their needs. The Regulations governing service may exercise this authority. To resolve corporations were first promulgated in lending and investment chart and this uncertainty, OTS proposes to codify regulations in proposed part 560 are 1965, finance subsidiaries in 1984, and pass-through investment authority in operating subsidiaries in 1992. The also being expanded to include proposed part 560. permissible equity investments. procedures for establishing and • Employs plain language drafting. C. Update the List of Preapproved operating each type of entity have never Proposed part 559 utilizes plain Activities for Service Corporations been thoroughly harmonized. language drafting techniques that have OTS’s service corporation regulation Thus, OTS has reviewed these been pioneered by the Department of contains a list of preapproved activities procedural requirements with a view the Interior and promoted by the Vice that service corporations of most federal toward enhancing consistency and President’s Regulatory Reinvention savings associations may conduct after clarity and substituting notices for more Initiative. If thrifts find this approach notifying OTS. Service corporations burdensome applications (or helpful, OTS will expand the use of wanting to engage in activities not on recordkeeping for notices) wherever plain language drafting to encompass the preapproved list must submit a feasible. As a result, the proposal: other regulatory projects. The goal of formal application to OTS • Allows all savings associations to plain language drafting is to decrease demonstrating, among other things, that establish or acquire operating industry frustration, inadvertent errors, the proposed activity is reasonably subsidiaries upon 30 days notice to the need to seek clarification in related to the business of a federal thrift. OTS. Under current regulations, all but correspondence and phone calls, and The list of pre-approved service the strongest institutions must submit the amount of staff time institutions corporation activities has not been an application for prior OTS approval to must devote to understanding the updated for many years. As a result, establish an operating subsidiary. As regulations. Plain language drafting institutions are often required to file part of this application, institutions emphasizes the use of informative applications for activities that are must affirmatively demonstrate that the headings, lists and charts where clearly reasonably related, but have not proposed operating subsidiary will appropriate, short sentences, sections yet been added to the preapproved list. improve the institution’s financial and and paragraphs, non-technical language The proposal updates the managerial condition. By contrast, the (including the use of ‘‘you’’), and preapproved list in several respects. strongest institutions (i.e., those eligible sentences in the active voice. First, the list is being amended to for expedited treatment under 12 CFR confirm that all activities that federal 516.3(a)) need only notify OTS 30 days B. Codify Pass-Through Investment savings associations may conduct before establishing an operating Authority directly are preapproved. This general subsidiary and, unless OTS objects, can Institutions and examiners have also authorization is substituted for the establish their subsidiaries at the end of expressed concern that OTS’s subsidiary current detailed (but incomplete) listing that period. Based on the agency’s and equity investment regulations do of specific activities that thrifts may experience with operating subsidiaries, not reflect all significant investment conduct directly. Second, the proposal we have concluded that the 30-day options. As a result, some institutions broadens the universe of customers for notice procedure provides adequate may not be aware of options that have whom certain services that are already information and opportunity to object been recognized in various OTS preapproved may be provided. Third, whenever an operating subsidiary is opinions and policy statements. the proposal adds activities that OTS proposed by any federal thrift— The most significant gap in the has routinely approved on a case-by- especially since operating subsidiaries current regulations concerns pass- case basis and other specific finance- can only engage in activities that federal through investment authority. As is related activities that have been thrifts may conduct directly. explained more fully below, federal authorized for bank service corporations Accordingly, OTS is proposing to apply savings associations have long been and bank operating subsidiaries. Each of the notice procedure to all federal thrifts permitted to exercise pass-through these changes is described in more who wish to form operating investment authority, that is, to invest detail below. subsidiaries.

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• Clarifies the procedures for service corporation investment limit of deduct the actual amount of their redesignating a subsidiary as an 3% of assets (see the discussion of indirect investment in the lower-tier operating subsidiary or a service proposed § 559.4 below for details). The nonincludable subsidiary. corporation. The current regulations are proposal also removes the confusing The OTS is hopeful that the foregoing unclear about how and when a service distinctions tied to a thrift’s percentage reforms, taken as a whole, will result in corporation may be converted into an ownership of the service corporation. A a significant decrease in the regulatory operating subsidiary, or an operating single rule regarding the amount of burden associated with establishing and subsidiary into a service corporation, qualifying loans to service corporations operating thrift subsidiaries and making and whether a notice or application that will be exempt from the 3% pass-through equity investments. The must be filed with OTS. Both operating investment cap will be applied to all remainder of this preamble provides a subsidiaries and service corporations federal thrifts regardless of percentage of historical overview of the regulation of are incorporated under state law. The ownership of the service corporation. thrift subsidiaries and a detailed distinctions based on ownership, F. Clarify What Constitutes a section-by-section description of the control, and activities that separate an ‘‘Subsidiary’’ Under Various Regulatory proposed amendments. operating subsidiary from a service Provisions and, in so Doing, Simplify corporation for OTS regulatory purposes III. Historical Overview Calculations of Capital do not affect this underlying corporate Regulations affecting the ability of form. OTS, therefore, has taken the Another concern expressed by the savings associations to invest in service position that merely redesignating a industry focus group was the corporations and other subsidiaries and service corporation as an operating complexity of determining the to make limited equity investments have subsidiary or vice versa, without adding appropriate amount of capital to be held evolved over the past 30 years in new activities, does not constitute an against service corporation investments, response to changes in statutes, event requiring notice or application to especially when the service corporation competition, and the financial markets. OTS. The proposal makes this position itself has investments in lower-tier The result has been increased flexibility clear by establishing explicit, entities. A further complication is that in service corporation activities and in streamlined recordkeeping provisions to the HOLA ties OTS regulations in the the permissible form of corporate document all such redesignations. areas of transactions with affiliates, structures (e.g., finance subsidiaries and • Streamlines salvage power lending limits, and capital to a variety operating subsidiaries). With this procedures affecting service of banking statutes and regulations that increased flexibility, however, has come corporations. Under the current in turn define ‘‘subsidiary’’ differently added complexity and elements of regulations, a savings association must and not entirely consistently. • inconsistency. file an application and obtain formal Defines ‘‘subsidiary’’ in a manner In order to provide a context for that is more consistent with the other OTS approval before using its salvage OTS’s current proposal, a brief history banking agencies. The proposal adopts powers to make an additional of key developments in the subsidiary the same definition of ‘‘subsidiary’’ used investment to protect its interest in a and equity investment authority of by the other banking agencies for troubled service corporation. The federal thrifts is provided. proposal allows a savings association to purposes of transactions with affiliates, file a notice in lieu of a formal lending limits, and notices regarding A. Service Corporations application. Under the proposal, subsidiaries. The proposal also modifies In 1964, Congress authorized federal institutions will be permitted to proceed the capital definition of ‘‘subsidiary’’ to savings associations to invest up to one with salvage investments in service follow Generally Accepted Accounting percent of their assets in service Principles (GAAP) and to be more corporations within 30 days of filing corporations.2 The statute did not limit consistent with the other federal notice, unless the OTS raises objection. the types of activities in which such banking agencies. Currently, the OTS service corporations could engage. The E. Clarify and Simplify Computation of employs a definition of ‘‘subsidiary’’ for accompanying legislative history noted, the Service Corporation Investment capital purposes that is far more however, that such investments were Limit encompassing than the definitions used expected to be reasonably related in Section 5(c)(4)(B) of the Home by the other banking agencies and purpose to the savings and loan Owners’ Loan Act (HOLA) limits a GAAP. This sometimes results in higher business.3 This standard was federal savings association’s aggregate capital requirements for thrifts. incorporated into the implementing investment in service corporations to • Defines ‘‘includable subsidiary’’ in regulations of the Federal Home Loan 3% of total assets. The implementing a manner that eliminates overstatement Bank Board (FHLBB), the predecessor regulations have long provided that all of the risk presented by lower-tier regulatory agency to the OTS. The loans to service corporations count nonincludable subsidiaries. Under the FHLBB regulations expressly indicated toward this investment limit, except for current capital regulations (as that certain service corporation ‘‘conforming loans.’’ The amount of interpreted by instructions in the Thrift activities met the reasonably related conforming loans that qualify for Financial Report), a savings standard and established an application exclusion from the 3% limit varies on association’s investment in a first-tier process for considering other proposed the basis of whether the lending subsidiary engaged exclusively in activities. This allowed federal savings institution owns more than 10% of the activities permissible for national banks associations and the agency to gain stock of the borrowing service must be completely deducted from experience in identifying appropriate corporation. capital if a lower-tier subsidiary engages Institutions have expressed frustration in any activity impermissible for a service corporation activities. at the complexity and ambiguity of national bank. Deduction is required The HOLA was amended in 1980 to these service corporation investment even when the first-tier subsidiary’s expand the authority of federal savings rules. Accordingly, today’s proposal investment in the lower-tier subsidiary 2 Pub. L. 88–560, section 905, amending 12 U.S.C. clarifies which loans to service constitutes a tiny portion of its total 1464. corporations may be considered assets. Under the proposal, savings 3 H. Rep. 1703, 1964 U.S. Code Congressional and separately from the general statutory associations will only be required to Administrative News 3444.

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Finance Subsidiaries percent of its assets.5 shares of a mutual fund, a partnership In December 1980, the FHLBB In 1984, the FHLBB recognized a interest in a limited partnership, or proposed to update the list of federal savings association’s incidental interests in a similar investment vehicle, preapproved activities for service authority to establish finance provided the pass-through entity’s corporations.6 In determining which subsidiaries.10 These entities are activities are limited to those a federal activities were appropriate for dedicated financing vehicles created to thrift could conduct directly. At about preapproval, the FHLBB ‘‘examined issue securities that the parent the same time, the OCC, through legal activities that have been approved association is authorized to issue and to opinions and guidance, authorized consistently for service corporations remit the proceeds to the parent. The similar investments for national banks. upon application to the Board, newly securities issued via finance These types of pass-through authorized activities for Federal subsidiaries have typically been investments do not count against service associations, and the present needs of collateralized mortgage obligations, corporation limits, nor are they deemed the residential mortgage market.’’ 7 This mortgage-backed bonds or Eurobonds to be operating subsidiaries. The pass- list of preapproved activities remains in backed by mortgages or mortgage-related through entity must comply with the effect today,8 with only a few additions securities. The finance subsidiary same restrictions that would apply if the and modifications, such as securities regulation has fallen into disuse since thrift engaged in the activity or held the brokerage services (added in 1989).9 OTS promulgated the operating asset directly. Additional restrictions In 1989, the Financial Institutions subsidiary regulation. Operating have been imposed on a case-by-case Reform, Recovery, and Enforcement Act subsidiaries can do all that finance basis. These include limiting the (FIRREA) mandated that OTS adopt subsidiaries can do and more. Thus, we amount of investment that a thrift can capital regulations requiring substantial are proposing to repeal the finance make in any one pass-through entity to amounts of additional capital to be held subsidiary rule. the amount that would be permitted against thrifts’ investments in C. Operating Subsidiaries under the loans to one borrower (LTOB) subsidiaries, such as service rule. (Pass-through investment authority corporations, that engaged as principal In October, 1992, the OTS authorized has recently proven to be an important in activities not permissible for national federal savings associations to establish vehicle for authorizing several 11 banks. The OTS adopted these operating subsidiaries. Thrift community development investments, regulations in November, 1989. operating subsidiaries were modeled on such as purchasing limited partnership No new activities have been added to national bank operating subsidiaries. interests in Low Income Housing Tax the preapproved list since 1989, Under the OTS operating subsidiary Credit partnerships.) although the OTS has continued to regulation, a federal thrift may make Several other legal opinions have receive, review, and process unlimited investments in an operating authorized federal savings associations applications to engage in new activities subsidiary, provided the thrift is the (like national banks) to invest, with on a case-by-case basis. majority owner and has effective certain restrictions, in certain ‘‘special Thus, the same basic regulatory operating control and the subsidiary purpose corporations’’ that engage structure for service corporations first engages only in activities that the thrift exclusively in activities federal savings established in 1964—a list of could conduct directly. Unlike service associations may conduct directly. To preapproved activities, coupled with corporations, operating subsidiaries can date, such corporations have been used authorization to apply to engage in any issue minority ownership interests to to enable thrifts to pool resources with other reasonably related activities—has investors that are not savings others to obtain basic support services continued until the present. Nothing in associations. Thus, operating (such as data processing and ATM today’s proposal would alter this basic subsidiaries offer federal thrifts greater operations) free from the operating structure. Instead, OTS is proposing to structural flexibility. Unlike service subsidiary control requirement and the update the preapproved list, clarify how corporations, however, operating service corporation investment limits. subsidiaries can only do what a federal One of the key objectives of today’s 4 S. Rep. 96–368 at 13, 1980 U.S. Code thrift could do directly. proposal is to rationalize and harmonize Congressional and Administrative News 248. See D. Pass-Through Investments these various pass-through investment also 45 FR 85049 (Dec. 24, 1980). options. Codification of these options 5 Depository Institutions Deregulation and Finance subsidiaries and operating will ensure industry awareness, reduce Monetary Control Act of 1980, Pub. L. 96–221, 94 subsidiaries are examples of pass- Stat. 132, section 401, amending 12 U.S.C. confusion, and facilitate consistent 1464(c)(4)(B). through investments. In both instances, application of relevant safety and 6 45 FR 85048 (Dec. 24, 1980) (proposed rule); 46 a savings association acquires an soundness standards. FR 24526 (May 1, 1981) (final rule). interest in a company that in turn 7 45 FR at 85049. engages exclusively in activities that the IV. Section-by-Section Analysis 8 In 1982, the FHLBB proposed a much broader savings association can perform A. New Part 559—Subsidiaries list of potential preapproved activities, 47 FR 9855 directly. However, pass-through (March 8, 1982), but did not adopt the proposal in investment options have not been OTS proposes to adopt a new part the wake of the Garn-St Germain Depository 559, Subsidiaries, that will include all Institutions Act of 1982 (DIA), which significantly restricted to operating subsidiaries and expanded federal savings association activities. The finance subsidiaries. of the agency’s regulations affecting FHLBB did add personal property leasing and In 1982, the FHLBB issued a legal commercial lending (activities that the DIA had opinion, which was followed by a 12 Memorandum T–79a, issued on June 10, 1986, authorized for federal savings associations) and memorialized this authority. T-memoranda issued rearranged the list for ease of reference, 48 FR by the FHLBB were the counterparts of OTS Thrift 23032 (May 23, 1983). 10 49 FR 29357 (July 20, 1984). Bulletins. Memorandum T–79a has not been 9 54 FR 32954 (Aug. 11, 1989). 11 57 FR 48942 (Oct. 29, 1992). superseded by a later Thrift Bulletin.

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This new part will (Proposed) subject to the same limitations that utilize techniques of ‘‘plain language’’ Proposed § 559.2 authorizes federal would apply to the federal savings association (e.g., data processing drafting, employing simple expression savings associations to establish or services and leasing). As set forth in the and short sentences to the full extent acquire operating subsidiaries and subsidiaries chart at § 559.2(i), possible. service corporations. The introductory investments made by service text explains that OTS may limit this corporations are not aggregated with the Section 559.1 What Does This Part authority for supervisory, legal, or safety parent thrift for purposes of determining Cover? (Proposed) and soundness reasons. the parent thrift’s compliance with any The majority of proposed § 559.2 This proposed section explains the investment limits, such as those that takes the form of a chart that lists, in a scope of new part 559 and sets forth appear in section 5(c) of the HOLA. For side-by-side format, the different OTS’s basic statutory authority over example, the educational loans made by characteristics of, and requirements that operating subsidiaries and service a service corporation do not count apply to, operating subsidiaries and corporations. The section first explains against the parent thrift’s educational service corporations. These include which regulations in part 559 apply lending cap (5% of assets). ownership, activities, investment limits, only to federal savings associations and • Include certain activities that the the applicability of other federal statutes OTS already routinely approves on a which apply to all savings associations. and regulations, and notices. The chart It then incorporates into one place case-by-case basis (i.e., foreign currency reiterates that in addition to exchange, operating a collection agency, language from current §§ 545.74(b)(5) preapproved service corporation and 545.81(h) regarding limits that OTS and distributing welfare benefits). activities, a federal thrift may continue • Specifically include community may impose on subsidiary activities for to apply to the OTS for case-by-case development and charitable activities, supervisory, safety or soundness, or approval to engage in any activity that including investing in community legal reasons. is reasonably related to the operation of development financial institutions. Proposed § 559.1 also incorporates a thrift.The regulation also confirms that • Allow business and professional language from current § 545.81(i). That state law is preempted for operating activities that involve financial paragraph provides that the OTS may subsidiaries to the same extent as it is documents, financial clients, or are impose conditions in writing when for the parent federal savings generally finance-related to be authorizing a federal thrift to acquire or association, as has been the case since performed for any person. These establish an operating subsidiary or to operating subsidiaries were first activities—clerical, accounting, and engage in new activities in an existing authorized. However, state law is not internal auditing services, advertising, preempted for service corporations. operating subsidiary and that such liquidity management and credit Where appropriate, and for ease of conditions are enforceable. This analysis, developing personnel benefit reference, the subsidiaries chart cross- statement is true for conditions OTS plans, establishing and maintaining references other applicable OTS remote service units, and purchasing imposes in all of its approvals and regulations that have been the subject of authorizations, not just those involving office supplies and equipment— frequent questions to the agency. The currently have been preapproved only operating subsidiaries. The regulation chart is derived in large part from the when performed for other financial merely makes explicit what is already current regulations at 12 CFR 545.74 institutions. implicit in OTS’s safety and soundness and 12 CFR 545.81. OTS expects that • Expand the list to include a limited jurisdiction. this format will make it easier for a number of services that have not been Subpart A—Regulations Applicable to federal savings association to compare previously authorized, but are Federal Savings Associations (Proposed) these two structures and determine reasonably related to the operation of a which best fits the association’s needs. federal savings association and have This subpart will contain regulations Section 559.3 What Activities Are been permitted for bank operating directly applicable only to operating Permissible for Service Corporations? subsidiaries and bank service subsidiaries and service corporations of (Proposed) corporations. These include financial federal savings associations. The courier services and check and credit subpart may indirectly apply to This section replaces the list of card guaranty and verification services. preapproved activities found in current operating subsidiaries and service OTS seeks comment on whether § 545.74(c). OTS proposes to revise the corporations of state-chartered savings certain other activities that have been list of preapproved activities to: associations by virtue of various permitted only upon application, such • Specifically affirm that any activity as acting as an insurance agent for statutory and regulatory provisions that a federal thrift may conduct directly, tie state savings associations to certain private mortgage insurance, or except deposit-taking, is preapproved underwriting insurance or reinsurance, requirements applicable to federal for a service corporation, when should be preapproved activities for thrifts.13 conducted in the same manner as service corporations. allowed at the federal savings association level. This includes all Section 559.4 How Much May a activities listed in the HOLA and Savings Association Invest in Service proposed part 560, as well as other Corporations? (Proposed) incidental powers addressed in OTS This proposed section replaces 13 See 12 U.S.C. 1828(m) and 1831e, and 12 CFR legal opinions and guidance. As a result, current § 545.74(d). It reiterates that a 303.13. OTS proposes to delete various savings association may invest in the

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In requiring that securities issued by all (1) A limited partnership; addition, the proposal revises and subsidiaries indicate that they are not (2) An open-end management significantly simplifies the rules covered by federal deposit insurance investment company (mutual fund); governing when a federal savings and may not be called or accelerated in (3) A closed-end investment trust; or association may make loans to service the event of the savings association’s (4) An entity in which the federal corporations separate from the 3% of insolvency. savings association invests primarily to assets limit. Such loans are only use the services provided (e.g., data Section 559.13 How May a Savings permitted when: processing); Association Exercise Its Salvage Power (1) The federal savings association has so long as the entity in which the the authority elsewhere under the in Connection With Its Service Corporation? investment is made: HOLA to make the loan; (1) Is engaged solely in activities in (2) The thrift has adequate capacity This section replaces the application which the federal savings association under any applicable percentage of procedure of current § 563.38 with a 30- itself may engage directly; and assets limit to make the loan (e.g., 10% day notice requirement. In its notice, an (2) Would not be controlled by the of assets for commercial loans); and institution must fully document its savings association; (3) The loan complies with the loans- additional investment in a manner that 14 and the thrift: to-one borrower regulation. demonstrates how its action is (1) Has liability limited to the amount This proposed treatment is more consistent with safety and soundness of its investment; consistent with the OCC’s treatment of and document other salvage alternatives (2) Has adequate capacity within the loans to bank service corporations. It considered. The agency may take relevant HOLA investment category would remove the current aggregate objection to, or grant conditional (e.g., 10% of assets for commercial regulatory limit of 50% of capital on approval of, a notice to exercise salvage loans); loans to multiple service corporations, power to assist a troubled service (3) Is able to monitor internal but subjects loans to any one service corporation. corporation to the LTOB requirements. managerial controls to ensure they are A thrift (like a bank) would be able to B. Amendments to Proposed New Part equivalent to those the thrift would be exceed this limit only when making 560—Lending and Investment required to have in place if engaging in loans to a service corporation that are OTS is also proposing to add the activity directly; and secured with exceptionally high quality provisions dealing with subsidiary and (4) Does not, after making the collateral. equity-related investments to proposed investment, have more than 50% of its capital invested in pass-through Subpart B—Regulations Applicable to new part 560—Lending and Investments. investments. All Savings Associations (Proposed) A savings association must provide Section 559.10 What Must a Savings Section 560.30 General Lending and written notice to OTS before making any Association and Its Subsidiary Do To Investment Powers for Federal Savings pass-through investment that does not Maintain Separate Corporate Identities? Associations meet the foregoing standards. OTS will This section describes what a savings In the interest of completeness, OTS review these notices and may object or association and its subsidiaries must do proposes to add several equity- and impose conditions for supervisory, to establish that they have separate subsidiary-related investments to the legal, or safety and soundness reasons. identities. The purpose for these lending and investment powers chart This structure will clarify the rules requirements is to reduce the potential contained in this regulation. The chart applicable to pass-through investments, for customer confusion or for a court to will now include investments in small thereby enhancing savings association hold the parent liable for the business investment corporations access to this investment option and subsidiary’s conduct or obligations. The chartered pursuant to section 301(d) of establishing uniform safety and requirements are derived from current the Small Business Act, open-end soundness constraints. This structure §§ 545.81(f), 563.37, and 571.21. management investment companies, will ensure that the OTS is aware of, and service corporations. and has opportunity to object, to any Section 559.11 What Notices Are move by a thrift to place significant Required To Establish or Acquire a New Section 560.32 Pass-Through amounts of its assets under the Subsidiary or Engage in New Activities Investments operating control of third parties. Through an Existing Subsidiary? This new section will codify federal OTS solicits comments on whether This section combines and savings associations’ authority to invest other structures, such as limited liability streamlines the overlapping notice in entities, such as limited partnerships companies, should be preapproved. requirements currently contained in and mutual funds, that hold only assets, §§ 545.74(b)(2), 545.81(c), and 563.37(c). and engage only in activities, Section 560.33 De Minimis permissible for federal savings Investments Section 559.12 How May a Subsidiary associations. Unlike an operating OTS and its predecessor have long of a Savings Association Issue subsidiary, a thrift does not have recognized that a federal savings Securities? effective operating control over such association’s incidental powers include This section replaces current investments. To allow thrifts flexibility the ability to make charitable § 563.132 and reiterates its basic while maintaining effective OTS contributions that assist its community. supervision of such investments, OTS In the past, thrifts have sometimes 14 The LTOB regulation is also being amended to proposes to establish a safe harbor. requested permission to make (and clarify that it does apply to service corporations. It will remain inapplicable to a savings association’s Investments made in accordance with book) de minimis equity investments in loans to its operating subsidiaries. the safe harbor standards will not community organizations in an amount

VerDate 29-MAY-96 21:54 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\P13JN2.PT1 13jnp1 29982 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules equal to what they could otherwise service corporations that can engage in HOLA specifically authorizes thrifts to directly contribute. To further thrifts’ such activities reasonably related to the invest up to 3% of their assets in the community development activities, OTS activities of federal associations as the stock and obligations of service proposes to add a section specifically OTS may approve. The OTS proposes to corporations (generally, 2% confirming that a federal savings retain this general rule and move it to undesignated authority plus an association may make these types of de the new subsidiaries chart at additional 1% for community- minimis investments. The proposed § 559.2(e)(2). Paragraph (c) next explains development). Since 1970, the regulation provides that the investments how to apply for approval to engage in regulations have allowed a federal thrift must be of a type that would be such activities. OTS proposes to to make additional loans to its service permissible for a national bank under 12 incorporate this requirement into the corporations if the thrift has the CFR Part 24 and in the aggregate may chart at § 559.2(e)(2)(iii). authority under the HOLA to make the not exceed the greater of $100,000 or The next sentence in paragraph (c) same loan to a third party. This lending one-fourth of 1% of a thrift’s total authorizes service corporations of most authority has been subject to limitations savings associations to engage in the capital. that changed over time, but has always listed preapproved activities upon been separate and apart from the 3% of C. Disposition of Existing Regulations satisfying a notice requirement. This assets limitation. Part 545 Operations (Federal Savings requirement has been moved to Associations) § 559.2(e)(2)(i). For example, the current regulatory Finally, paragraph (c) lists the provisions allow a federal thrift to make Section 545.74 Service Corporations preapproved activities. The proposal ‘‘conforming loans’’ of up to 100% of its Paragraph (a) of § 545.74 defines would replace this list with a revised, capital to any service corporation in terms specific to the service corporation updated compilation of new which the thrift has an ownership section. The OTS is proposing to preapproved activities. For example, interest of less than 10%, with no remove this paragraph. The operative currently, a variety of activities that a aggregate limit. A separate aggregate provisions of new part 559 will cover federal savings association itself may limit of 50% of capital applies to loans the matters now addressed by the conduct are scattered throughout the list made to all other service corporations. definitions. as preapproved for service corporations. ‘‘Conforming loans’’ is broadly defined Paragraph (b) begins by restating the Instead of individually listing these at § 545.74(a)(2) as any type of loan a broad statutory authority of federal activities, the proposal simply federal savings association may make savings associations under section preapproves for service corporations all except for nonconforming real estate 5(c)(4)(B) of the HOLA to invest in activities that a thrift may conduct loans and unsecured construction loans. service corporations that are organized directly, other than taking deposits. The Thus, if a thrift currently has only one under the laws of the state in which the list would be reorganized by grouping association’s home office is located. wholly-owned service corporation, it related activities and moving the list to may, to the extent it has commercial This authority will be incorporated into proposed § 559.3, as discussed more the proposed lending/investment chart loan authority available under the fully in section IV.A. of this preamble. statutory 10% of assets limit, make in part 560, with a cross-reference to the Paragraph (c)(4) contains safeguards commercial loans to its service more extensive provisions contained in that apply to securities brokerage proposed part 559. activities of service corporations. These corporation of up to 50% of its capital. Paragraphs (b)(1)–(5) set forth general safeguards will remain in that When these provisions were last notice, application, examination, and paragraph, with one exception, while substantively amended in 1985, the activities provisos. The proposed OTS considers whether to incorporate 100% of capital limit paralleled the subsidiaries chart at § 559.2(e)(2) them into new part 559, or modify the then-existing LTOB limit. The incorporates the requirement in safeguards and apply them to all percentage limits in the regulation do paragraph (b)(1) that a service securities sales programs taking place not reflect the new lower LTOB limit of corporation’s activities be either pre- on thrift premises by subsidiaries, 12 CFR 563.93, although paragraph (d) approved by regulation or specifically affiliates, and broker dealers. OTS is does state that these loans are subject to approved by application. The OTS proposing to remove paragraph any applicable LTOB requirements. The proposes to move the notice (c)(4)(ii)(F), which has barred savings LTOB regulation itself, however, states requirements contained in paragraph associations (not their service that it does not apply to loans made to (b)(2) into new § 559.11. Paragraph corporations) from contracting with subsidiaries. (b)(3) requires weaker savings third parties for securities brokerage As the foregoing overview indicates, associations to apply to OTS for activities. This restriction predates the the rules governing service corporation permission to engage in any activities 1994 Interagency Guidelines on Retail investment limits and conforming loans beyond what a federal savings Sales of Nondeposit Investment are needlessly complex and confusing, association may conduct directly. This Products. The Guidelines now contain and in some respects inconsistent. The requirement has been incorporated into safeguards to ensure that any OTS proposes to substantially revise proposed § 559.2(e)(2)(ii). The contractual relationship with a third- and simplify these rules and incorporate examination requirement currently party broker-dealer will be conducted in them into new § 559.4, as discussed found in paragraph (b)(4) will be a proper manner. Thus, paragraph more fully in Section IV.A. of this included in the subsidiaries chart at (c)(4)(ii)(F) has become unnecessary. preamble. § 559.2(o)(2). The restriction on Removing this restriction will provide activities where OTS has supervisory thrifts with greater flexibility in Paragraph (e) describes the objections contained in paragraph (b)(5) structuring operations involving the sale circumstances under which a federal has been incorporated into the of nondeposit investment products. savings association must dispose of its introductory text of § 559.1. Paragraph (d) addresses the investment in a service corporation. The Paragraph (c) of § 545.74 first sets permissible aggregate amount of OTS proposes to retain this paragraph in forth the OTS’s general rule that federal investments in, or loans to, service the new subsidiaries chart as savings associations may invest in corporations by a federal thrift. The § 559.2(q)(2).

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Section 545.76 Investment in Open- or establish an operating subsidiary. requirement will be included in the End Management Investment Paragraph (c)(1) contains requirements subsidiaries chart at § 559.2(o)(1). Companies for federal savings associations that are Paragraph (h) provides that OTS may Paragraph (a) reiterates the HOLA’s eligible for ‘‘expedited treatment’’ in the limit, at any time, the activities of an statutory grant of authority to federal processing of applications as defined in operating subsidiary for supervisory or savings associations to buy, sell or § 516.3. Paragraph (c)(2) covers legal reasons. OTS proposes to place otherwise deal in registered securities of requirements for all other federal this provision in § 559.1(a). Paragraph (i) sets forth OTS’s any open-end management investment savings associations. In general, authority to impose conditions on an company that restricts its portfolio to institutions that qualify for expedited operating subsidiary for supervisory, investments that federal savings treatment need only give 30 days notice legal or safety and soundness reasons. associations may buy, sell or otherwise to OTS before establishing an operating This authority has also been inherent in deal in without limitation as to subsidiary, whereas other institutions the review of the establishment of, or percentage of assets.15 The OTS must file an application and obtain commencement of new activities by, proposes to incorporate this provision advance approval. OTS proposes to service corporations, but has not been into the lending and investment chart in apply the notice procedure to all specifically set forth in regulation. The proposed § 560.30. An endnote to that institutions. Because operating OTS proposes to move this paragraph to chart will indicate that federal thrifts subsidiaries can only engage in § 559.1(b), where it will explicitly apply may be able to invest limited amounts activities that are permissible for federal to all conditions contained in all in a broader range of pass-through thrifts themselves, requiring a formal approvals affecting subsidiaries. investments under proposed new application and advance approval seems unduly burdensome. OTS can always Paragraph (j) authorizes parent § 560.32. savings associations to own a deposit- Paragraph (b) provides that the object during the 30-day notice period taking operating subsidiary under maximum investment a federal thrift in the unlikely event that an operating certain conditions. This authority would may make in any one open-end subsidiary proposal raises concerns. be retained and included in the management investment company is Paragraph (c)(3) addresses the proposed subsidiaries chart at limited to 5% of total assets. Paragraph additional notice requirements of § 559.2(e)(1)(ii). (b) also applies the regulatory section 18(m) of the FDIA, the Paragraph (k) addresses changing limitations imposed on a federal thrift’s regulations associated with section from an operating subsidiary to a service investments in commercial paper and 18(m) and all applicable clearances corporation. The OTS proposes to corporate debt securities to the under those requirements. The notice incorporate this provision into the commercial paper and corporate debt requirements will be consolidated with subsidiaries chart at § 559.2(p), where securities investments of open-end similar requirements for all subsidiaries the rules governing changes from a management investment companies in and moved into the new notice § 559.11. service corporation to an operating which thrifts invest. The OTS proposes Paragraph (d) details the conditions subsidiary will also be stated. to remove paragraph (b) because its under which a federal savings subject matter will be covered by the association may convert its service Section 545.82 Finance Subsidiaries pass-through investment provisions of corporation to an operating subsidiary. Section 545.82 authorizes federal proposed new § 560.32. The OTS proposes to substantially savings associations to establish Section 545.80 Small Business simplify this paragraph and incorporate subsidiaries solely for the purpose of Investment Corporations the conditions in new § 559.2(p). issuing securities that the thrift may Paragraph (e) indicates that all federal issue directly. Thrifts were authorized Section 545.80 reiterates section laws, regulations and policies of the to establish finance subsidiaries before 5(c)(4)(D) of the HOLA’s grant of OTS covering the operations of federal being authorized to establish operating statutory authority for federal savings thrifts apply to the operations of subsidiaries. Because operating associations to invest in small business operating subsidiaries. The paragraph investment corporations pursuant to subsidiaries may perform the same also requires consolidation of the parent section 301(d) of the Small Business activities as finance subsidiaries association and its operating subsidiary Investment Company Act of 1958. The without as many restrictions, the OTS for application of statutory and proposal moves this section into the proposes to delete this section as regulatory requirements and limitations, proposed lending and investment redundant and obsolete, except for unless otherwise provided by statute, powers chart in § 560.30. paragraphs (d)(2) and (d)(3). Paragraph regulation or OTS policy. OTS proposes (d)(2) of current § 545.82 prohibits a Section 545.81 Operating Subsidiaries to incorporate the substance of this finance subsidiary from issuing or Paragraph (a) sets forth federal savings paragraph into the subsidiaries chart at dealing in the deposits or savings associations’ authority to establish or § 559.2(h)(1). accounts of its parent federal savings acquire operating subsidiaries subject to Paragraph (f) subjects operating association and from representing in certain requirements. The OTS proposes subsidiaries and their parent federal any way that securities issued by it are to incorporate this paragraph into the savings associations to the same insured by the Federal Deposit introductory text of § 559.2. separate corporate existence Insurance Corporation. Paragraph (d)(3) Paragraph (b) defines the term requirements as apply to service prohibits a finance subsidiary from ‘‘operating subsidiary.’’ The substance corporations of savings associations issuing any security that would permit of this definition would be covered in under 12 CFR 571.21 and 563.37. As accelerated payment, maturity or the proposed subsidiaries chart as discussed below, OTS proposes to redemption upon the condition that its § 559.2 (c)(1) and (e)(1). consolidate these overlapping sections parent federal savings association was Paragraph (c) spells out the notice and into a new § 559.10. insolvent or had been placed in application requirements that a federal Paragraph (g) subjects each operating receivership. The agency believes both savings association must meet to acquire subsidiary to the same examination and of these restrictions should apply to the supervision authority as its parent issuance of securities by any subsidiary 15 12 U.S.C. 1464(c)(1)(Q). federal savings association. This of a federal savings association.

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Therefore, it proposes to incorporate reduce burden by substituting a notice Part 567—Capital them into proposed § 559.12, which will for the current application. While the replace current § 563.132 and cover notice would still contain much of the Section 567.1 Definitions those issuances, as discussed below. current information, the change would OTS proposes to amend two Because the requirements for finance allow the savings association to make definitions in its capital regulation. subsidiaries go beyond those applicable the salvage investment if OTS had not First, § 567.1(dd), which defines to operating subsidiaries, OTS proposes objected to the notice or imposed subsidiary, is being amended to mirror to deem all existing finance subsidiaries conditions within 30 days. The notice the OCC’s definition of a subsidiary in to be operating subsidiaries for all requirement will appear as new its risk-based capital regulation, 12 CFR purposes. § 559.13. Part 3, Appendix A. This definition is more consistent with GAAP, defining a Part 563—Operations Section 563.41 Loans and Other subsidiary as a company where the Section 563.37 Operation of Service Transactions With Affiliates and institution owns a majority of the stock. Corporation, Liability of Savings Subsidiaries. Currently, OTS employs a much broader Association for Debt of Service OTS proposes to modify the definition of subsidiary, which can Corporation definition of ‘‘subsidiary’’ in this sometimes result in higher capital regulation to mirror the statutory requirements. Proposed § 567.1(dd) Paragraphs (a) and (b) of section includes language from the footnote 563.37 require savings associations and definition of section 23A of the Federal Reserve Act, 12 U.S.C. 371c, rather than currently located in § 567.1(dd), which their service corporations to maintain a provides that OTS reserves the right to the OTS capital regulation. This will separate corporate existence and review investments on a case-by-case make it clear that the scope of the insulate the thrift from liability for debt basis to determine whether the subsidiaries covered by the regulation is of its service corporation. The OTS investment is more appropriately the same for thrifts as for banks. proposes to combine these requirements treated as a subsidiary or as an equity with those of 12 CFR 571.21, the policy Section 563.93 Lending Limitations investment. statement regarding separate corporate Second, § 567.1(l), which defines existence of a service corporation, and Similarly, the OTS proposes to amend ‘‘includable subsidiary,’’ currently move them into a new § 559.10. the scope of its loans-to-one-borrower encompasses subsidiaries that ‘‘directly Paragraph (c), which sets forth notice regulation to better conform with the or indirectly’’ engage in any activity not requirements for all savings association scope of the OCC’s lending limits permissible for a national bank. The service corporations (not just service regulation. This section will not apply regulatory reference to ‘‘indirect’’ corporations of federal thrifts), would be to loans to a thrift’s operating activities, which does not appear in the incorporated in the new notice section, subsidiaries, but will apply to loans to statutory provision upon which the § 559.11, where the notice requirements its service corporations. regulation is based,16 has been applicable to federal thrift service Section 563.132 Securities Issued interpreted (in the Thrift Financial corporations will also appear. Through Subsidiaries Report) as requiring a savings association’s entire investment in a Section 563.38 Salvage Power of This section requires savings subsidiary engaged exclusively in Savings Association To Assist Service associations to notify OTS when issuing activities permissible for national banks Corporation securities through a subsidiary. OTS to be deducted from capital if a lower- Section 563.38 addresses a savings proposes to remove outdated provisions tier subsidiary engages in any activity association’s use of its salvage power to from this section and transfer the impermissible for a national bank. assist a troubled service corporation. remaining notice requirements to new Deduction is required even when the The salvage power doctrine permits a § 559.12. first-tier subsidiary’s investment in the thrift to exceed applicable investment Paragraph (a), which defines terms for lower-tier subsidiary constitutes a limitations where an infusion of this section, is being deleted as those minute portion of its total assets. additional capital is necessary to terms are no longer necessary. Eliminating the regulatory reference to preserve the existing investment. Paragraph (b), which excludes certain ‘‘indirect’’ activities will enable OTS to Paragraph (a) prohibits a savings securities in addressing the amount of revise the instruction in the Thrift association from exercising its salvage securities issued by a subsidiary, is Financial Report. Thereafter, savings power to assist a troubled service being removed as obsolete. The associations will only be required to corporation without prior OTS proposed regulation does not limit the deduct the actual amount of their approval. Paragraph (b) conditions such amount of securities a subsidiary may indirect investment in the lower-tier approval on the OTS receiving an issue. nonincludable subsidiary. application demonstrating that the Paragraph (c) sets forth the notice and Part 571—Statements of Policy proposed action ‘‘is for the protection of application requirements that a parent the savings association’s investment and savings association must satisfy prior to Section 571.21 Separate Corporate is consistent with safe, sound, and establishing a finance subsidiary, Existence of a Service Corporation economical home financing.’’ The transferring additional assets to an Paragraph (a) sets forth the attributes application must also address existing finance subsidiary, or issuing of corporate separateness that should be alternative solutions, including those securities through a subsidiary defined maintained by a savings association and not involving financial assistance, to the in paragraph (a)(1)(ii) of the section. The its service corporation. Maintaining this service corporation’s financial problem, OTS proposes to modify the notice separate corporate identity is important and contain other information as the requirements of paragraph (c) by to minimize the risks that a court, for OTS deems necessary. removing the references and equitable reasons, might pierce the While it is important for the OTS to requirements pertaining to finance corporate veil of a service corporation have advance knowledge of proposed subsidiaries and by reducing the and hold the parent savings association salvage investments in service application requirements to uniform corporations, the OTS proposes to notice requirements. 16 12 U.S.C. 1464(t)(5)

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V.ÐCHART SHOWING THE PROPOSED DISPOSITION OF REGULATIONS

Original provision New provision Comment

545.74(a) ...... Removed 545.74(b) introductory text ...... 560.30 ...... Incorporated into lending and investment powers chart. 545.74(b)(1) ...... 559.2(e)(2) 545.74(b)(2) ...... 559.11 545.74(b)(3) ...... 559.2(e)(2)(ii) 545.74(b)(4) ...... 559.2(o)(2) 545.74(b)(5) ...... 559.1(a) 545.74(c) introductory text ...... 559.2(e)(2) 545.74(c)(1)±(7) ...... 559.3 545.74(d) ...... 559.4 ...... Substantially revised. 545.74(e) ...... 559.2(q)(2) 545.76(a) ...... 560.30 545.76(b) ...... Removed. 545.80 ...... 560.30 545.81(a) ...... 559.2 545.81(b) ...... 559.2(c)(1), (e)(1) 545.81(c)(1),(2) ...... 559.2(a)(1) 545.81(c)(3) ...... 559.11 545.81(d) ...... 559.2(p) 545.81(e) ...... 559.2(h)(1) 545.81(f) ...... 559.10 545.81(g) ...... 559.2(o)(1) 545.81(h) ...... 559.1(a) 545.81(i) ...... 559.1(b) ...... Modified. 545.81(j) ...... 559.2(e)(1)(ii) 545.81(k) ...... 559.2(p) 545.82 ...... Removed. 563.37(a), (b) ...... 559.10 ...... Modified. 563.37(c) ...... 559.11 563.38 ...... 559.13 ...... Modified. 563.41(b)(4) ...... Modified. 563.93(a) ...... Modified. 563.132(a),(b) ...... Removed. 563.132(c) ...... 559.12 ...... Modified. 567.1(l) ...... Modified. 567.1(dd) ...... Modified. 571.21 ...... 559.10 ...... Modified.

VI. Request for Comment whether the information shall have We are proposing to repeal § 545.82 The OTS requests comments on all practical utility, (ii) the accuracy of the (finance subsidiaries) and the related aspects of this proposal. estimate of the burden of the collection OMB package (Control No. 1550–0033). of information, (iii) ways to enhance the The requirements in new § 560.32 VII. Paperwork Reduction Act quality of the information collected, and will be reflected in the OMB approved The reporting requirements contained (iv) ways to minimize the burden of the package No. 1550–0078. The package in this proposed rule have been collection of information on has been amended to reflect the submitted to the Office of Management respondents, including the use of following data for the requirements in and Budget for review in accordance automated collection techniques or new § 560.32. with the Paperwork Reduction Act of other forms of information technology. The information is needed by the OTS 1995. Comments on the collection of The reporting requirements in this to assist in regulating savings information should be sent to the Office proposed rule are currently found in 12 associations and their subsidiaries. of Management and Budget, Paperwork CFR 545.74, 545.81, 563.38, and Estimated number of respondents: Reduction Project (1550), Washington, 563.132. These requirements will be 1,460. DC 20503, with copies to the Office of Thrift Supervision, 1700 G Street, NW., now be found in §§ 559.2, 559.3, 559.11, Estimated average burden per Washington, DC 20552. 559.12, and 559.13. These requirements respondent: 8 hours. Comments are invited on (i) whether are currently addressed in the following Estimated annual frequency of the collection of information is OMB approved packages: Control Nos. responses: 1. necessary for the proper performance of 1550–0013; 1550–0077; and 1550–0065. Estimated total annual reporting the functions of the agency, including burden: 11,680.

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Under the Paperwork Reduction Act Mortgages, Reporting and recordkeeping Subpart AÐRegulations Applicable to of 1995, no persons are required to requirements, Savings associations. Federal Savings Associations respond to a collection of information 559.2 What are the characteristics of, and unless it displays a valid OMB control 12 CFR Part 559 what requirements apply to, operating subsidiaries and service corporations of number. The valid OMB control number Savings associations, Subsidiaries. assigned to the collection of information federal savings associations? in these proposed regulations will be 12 CFR Part 560 559.3 What activities are preapproved for service corporations? displayed in the table at 12 CFR 559.4 How much may a savings association 506.1(b). Consumer protection, Investments, Manufactured homes, Mortgages, invest in service corporations? VIII. Executive Order 12866 Reporting and recordkeeping Subpart BÐRegulations Applicable to All The Director of the OTS has requirements, Savings associations, Savings Associations determined that this proposed rule does Securities. 559.10 What must a savings association and not constitute a ‘‘significant regulatory its subsidiary do to maintain separate action’’ for the purposes of Executive 12 CFR Part 563 corporate identities? Order 12866. 559.11 What notices are required to Accounting, Advertising, Crime, establish or acquire a new subsidiary or IX. Regulatory Flexibility Act Analysis Currency, Flood insurance, Investments, engage in new activities through a Pursuant to section 605(b) of the Morgages, Reporting and recordkeeping subsidiary? 559.12 How may a subsidiary of a savings Regulatory Flexibility Act, the OTS requirements, Savings associations, Securities, Surety bonds. association issue securities? certifies that this proposed rule will not 559.13 How may a savings association have a significant economic impact on 12 CFR Part 567 exercise its salvage power in connection a substantial number of small entities. with its service corporation? The proposal reorganizes the regulation Capital, Savings associations. Authority: 12 U.S.C. 1462, 1462a, 1463, to make it easier for small savings 1464, 1828. associations to locate applicable rules. It 12 CFR Part 571 § 559.1 What does this part cover? streamlines requirements for all savings Accounting, Conflict of interests, associations. It simplifies the applicable (a) Subpart A of this part 559 contains Investments, Reporting and requirements applicable to operating requirements when savings associations recordkeeping requirements, Savings create, invest in, or conduct new subsidiaries and service corporations of associations. activities through subsidiaries and federal savings associations. Subpart B clarifies the statutorily required notices Accordingly, and for the reasons set of this part 559 applies to subsidiaries for such actions. forth in the preamble, the Office of of all savings associations. OTS is issuing this part 559 pursuant to its X. Unfunded Mandates Act of 1995 Thrift Supervision proposes to amend chapter V, title 12, Code of Federal general rulemaking and supervisory Section 202 of the Unfunded Regulations, as set forth below. authority under the Home Owners’ Loan Mandates Reform Act of 1995, Pub. L. Act, 12 U.S.C. 1462 et seq., and its 104–4 (Unfunded Mandates Act) PART 545ÐOPERATIONS specific authority under section 18(m) requires that an agency prepare a of the Federal Deposit Insurance Act, 12 budgetary impact statement before 1. The authority citation for part 545 U.S.C. 1828(m). OTS may at any time promulgating a rule that includes a continues to read as follows: limit a savings association’s investment federal mandate that may result in in a subsidiary or service corporation, or expenditure by state, local, and tribal Authority: 12 U.S.C. 1462a, 1463, 1464, may limit or refuse to permit any governments, in the aggregate, or by the 1828. activities of a subsidiary or service private sector, of $100 million or more § 545.74 [Amended] corporation for supervisory, legal, or in any one year. If a budgetary impact safety and soundness reasons. statement is required, Section 205 of the 2. Section 545.74 is amended by (b) Notices under this part are deemed Unfunded Mandates Act also requires removing and reserving paragraphs (a), to be applications for purposes of an agency to identify and consider a (b), (d) and (e), by amending paragraph statutory and regulatory references to reasonable number of regulatory (c) by removing and reserving the ‘‘applications.’’ Any conditions that alternatives before promulgating a rule. introductory text and paragraphs (c)(1) OTS imposes for supervisory, legal, or As discussed in the preamble, this through (c)(3) and (c)(5) through (c)(7), safety and soundness reasons in proposed rule streamlines and reduces by removing and reserving paragraph approving any application shall be requirements on savings associations. (c)(4)(ii)(F), and by amending the enforceable as a condition imposed in The OTS has therefore determined that introductory text to paragraph (c)(4)(i) writing by the OTS in connection with the proposed rule will not result in by removing the words ‘‘Execution of’’ the granting of a request by a savings expenditures by state, local, or tribal and adding in their place ‘‘A service association within the meaning of 12 governments or by the private sector of corporation may execute’’. U.S.C. 1818(b) or 1818(i). $100 million or more. Accordingly, sections 202 and 205 do not require a §§ 545.76, 545.80 through 545.82 Subpart AÐRegulations Applicable to budgetary impact statement or [Removed] Federal Savings Associations discussion of regulatory alternatives to 3. Sections 545.76, 545.80, 545.81, § 559.2 What are the characteristics of, this proposal. and 545.82 are removed. and what requirements apply to, operating List of Subjects subsidiaries and service corporations of 4. Part 559 is added to read as follows: federal savings associations? 12 CFR Part 545 PART 559ÐSUBSIDIARIES A federal savings association (‘‘you’’) Accounting, Consumer protection, that meets the requirements of this Credit, Electronic funds transfers, Sec. section, as detailed in the following Investments, Manufactured homes, 559.1 What does this part cover? chart, may establish, acquire, or acquire

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Operating subsidiaries Service corporations

(a) How may a savings association es- (1) To establish an operating subsidiary, you must (2) To establish a service corporation, you must tablish an operating subsidiary or a file a notice satisfying § 559.11 file a notice satisfying § 559.11. Depending service corporation? upon your condition and the activities in which the service corporation will engage, you may have to submit an application under § 559.2(e)(2). (b) Who may own stock? (1) Anyone may own stock in an operating sub- (2) Only savings associations with home offices in sidiary the state where you have your home office may own stock in any service corporation in which you invest. (c) What are the ownership require- (1) You must hold at least 50% of the voting stock (2) You are not required to hold a particular ments? of the operating subsidiary. No one else may amount of stock and need not have control of exercise effective operating control the service corporation. (d) Where may the subsidiary be incor- (1) There are no geographic restrictions on where (2) A service corporation must be incorporated in porated? an operating subsidiary may be incorporated. the state where your home office is located. (e) What activities are permissible? (1)(i) After you have notified OTS in accordance (2) (i) If you are eligible for expedited treatment with § 559.11, an operating subsidiary may en- under § 516.3(a) of this chapter, and notify OTS gage in any activity that you may conduct di- as required by § 559.11, your service corpora- rectly. tion may engage in activities listed in § 559.3. (ii) You may hold another insured depository insti- (ii) If you are subject to standard treatment under tution as an operating subsidiary. § 516.3(b) of this chapter, you must apply and receive OTS approval for your service corpora- tion to engage in any activities except those au- thorized by § 559.3(a). (iii) Any finance subsidiary that existed on [insert (iii) A service corporation may also engage in any effective date of final rule] shall be deemed an activity reasonably related to the activities of fi- operating subsidiary. nancial institutions, but not preapproved under § 559.3, after applying to OTS in accordance with § 516.1 of this chapter and receiving OTS's prior written approval. (f) May the subsidiary invest in other (1)(i) An operating subsidiary may itself hold an (2) A service corporation may invest in other enti- entities? operating subsidiary. All of the requirements of ties, including corporations, partnerships, and this part 559 apply equally to such a lower tier other joint ventures. All of the requirements of operating subsidiary. In applying the regulations this part apply equally to such entities except for in this part, operating subsidiaries should sub- paragraphs (b)(2), (d)(2), and (g)(2) of this sec- stitute ``operating subsidiary'' wherever this part tion. refers to ``you'' or ``savings association.'' (ii) An operating subsidiary may invest in a service corporation. Such a service corporation is sub- ject to all of the requirements of this part. (g) Are there any limits on how much a (1) There are no limits on the amount you may in- (2) You may invest up to the amounts set forth in savings association may invest? vest in your operating subsidiaries, either sepa- § 559.4 in service corporations. rately or in the aggregate.. (h) Do federal statutes and regulations (1) Unless otherwise specifically provided by stat- (2) (i) If the federal statute or regulation specifi- that apply to the savings association ute, regulation, or OTS policy, all federal stat- cally refers to ``service corporation,'' it applies to also apply to its subsidiaries? utes and regulations apply to operating subsidi- all service corporations, regardless of whether aries in the same manner as they apply to you. you control the service corporation or whether it You and your operating subsidiary are generally would be a subsidiary under GAAP. consolidated and treated as a unit for statutory and regulatory purposes. (ii) If the federal statute or regulation refers to ``subsidiary,'' it applies only to service corpora- tions that you control. (i) Do the investment limits that apply (1) Your assets and those of your operating sub- (2) Your service corporation's assets are not sub- to federal savings associations sidiary are aggregated when calculating invest- ject to the same investment limitations that (HOLA section 5(c) and part 560 of ment limitations. apply to you. this chapter) apply to subsidiaries? (j) How does the capital regulation (1) Your assets and those of your operating sub- (2) The capital treatment of a service corporation (part 567 of this chapter) apply? sidiary are consolidated for all capital purposes. depends upon whether it is an includable sub- sidiary. That determination is based upon fac- tors set forth in part 567 of this chapter, includ- ing your percentage ownership of the service corporation and the activities in which the serv- ice corporation engages.

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Operating subsidiaries Service corporations

(k) How does the loans-to-one-bor- (1) The LTOB regulation does not apply to loans (2) The LTOB regulation applies to loans from you rower (LTOB) regulation (§ 563.93 of from you to your operating subsidiary or loans to your service corporation, but does not apply this chapter) apply? from your operating subsidiary to you. Other to loans from your service corporation to you. loans made by your operating subsidiary are Other loans made by your service corporation aggregated with your loans for LTOB purposes. are aggregated with your loans for LTOB pur- poses. (l) How does transactions with affiliates (1) Section 563.41 of this chapter explains how (2) Section 563.41 of this chapter explains how (TWA) apply to subsidiaries? TWA applies to subsidiaries. TWA applies to subsidiaries. (m) How does the Qualified Thrift (1) Under 12 U.S.C. 1467a(m)(5), you may deter- (2) Under 12 U.S.C. 1467a(m)(5), you may deter- Lender (QTL) test apply to subsidi- mine whether you wish to consolidate the as- mine whether you wish to consolidate the as- aries? sets of a particular subsidiary for purposes of sets of a particular subsidiary for purposes of calculating your qualified thrift investments. Sec- calculating your qualified thrift investments. Sec- tion 563.51 of this chapter contains the calcula- tion 563.51 of this chapter contains the calcula- tions that follow from this determination. tions that follow from this determination. (n) Does state law apply? (1) State law applies to operating subsidiaries only (2) State law applies to service corporations re- to the extent it applies to you. gardless of whether it applies to you. (o) Is the subsidiary subject to exam- (1) An operating subsidiary is subject to examina- (2) A service corporation must agree in writing to ination by OTS? tion by OTS. permit and to pay the cost of such examinations as OTS deems necessary. (p) What must be done to redesignate (1) Before redesignating an operating subsidiary (2) Before redesignating a service corporation as an operating subsidiary as a service as a service corporation, you should consult an operating subsidiary, you should consult with corporation or a service corporation with the OTS Regional Director for the Region the OTS Regional Director for the Region in as an operating subsidiary. in which your home office is located. You must which your home office is located. You must maintain adequate internal records, available for also maintain adequate internal records, avail- examination by OTS, demonstrating that the re- able for examination by OTS, demonstrating designated subsidiary meets all of the applica- that the redesignated subsidiary meets all of the ble requirements of this part and that your applicable requirements of this part and that board of directors has approved the redesigna- your board of directors has approved the redes- tion. ignation. (q) What happens if the subsidiary fails (1) If an operating subsidiary fails to continue to (2) If a service corporation, or any entity in which to comply with the requirements of qualify as an operating subsidiary for any rea- the service corporation invests pursuant to para- this part. son, you must notify OTS. Unless otherwise ad- graph (f)(2) of this section, fails to meet any of vised by OTS, if the subsidiary cannot comply the requirements of this section, you must notify within 90 days with all of the requirements for OTS. Unless otherwise advised by OTS, if the either an operating subsidiary or a service cor- subsidiary cannot comply within 90 days with all poration under this section, you must promptly of the requirements for either an operating sub- dispose of your investment in the subsidiary. sidiary or a service corporation under this sec- tion, you must promptly dispose of your invest- ment in the subsidiary.

§ 559.3 What activities are preapproved for (11) Research studies and surveys; or leasing to others for such service corporations? and construction, or for use as manufactured To the extent permitted by (12) Software development and home sites, in accordance with a § 559.2(e)(2), a service corporation may systems integration. prudent program of property engage in the following activities: (c) Credit related activities: development; (a) Any activity that all federal (1) Abstracting; (2) Acquiring improved real estate or savings associations may conduct (2) Appraising; manufactured homes to be held for directly, except taking deposits. (3) Collection agency; rental or resale, for remodeling, (b) Business and professional services. (4) Credit analysis; renovating, or demolishing and The following services are preapproved (5) Check or credit card guaranty and rebuilding for sale or rental, or to be for service corporations only when they verification; used for offices and related facilities of are limited to financial documents or (6) Escrow agent or trustee (under a stockholder of the service corporation; financial clients or are generally deeds of trust, including executing and (3) Maintaining and managing real finance-related: deliverance of conveyances, estate; and (1) Accounting or internal audit; reconveyances and transfers of title); (4) Real estate brokerage for property (2) Advertising, marketing research (7) Leasing; and owned by an association that owns and other marketing; (8) Loan inspection. capital stock of the service corporation, (3) Clerical; (d) Consumer services: the service corporation, or a joint (4) Courier; (1) Financial advisory or consulting; venture in which the service (5) Data processing; (2) Foreign currency exchange; corporation participates. (6) Data storage facilities operation (3) Home ownership counseling; (f) Securities brokerage, insurance and and related services; (4) Income tax return preparation; related services: (7) Office supplies, furniture, and (5) Postal services; (1) Nondeposit investment product equipment purchasing and distribution; (6) Stored value instrument sales; and brokerage. Execution of transactions in (8) Personnel benefit program (7) Welfare benefit distribution. securities or other nondeposit development or administration; (e) Real estate related services: investment products on an agency or (9) Relocation of personnel; (1) Acquiring real estate for prompt riskless principal basis solely upon the (10) Remote service unit operation, development or subdivision, for order of and for the account of leasing, ownership or establishment; construction of improvements, for resale customers, provided that the service

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If you have an aggregate (4) Each is held out to the public as the provisions of § 545.74(c)(4) of this outstanding investment in excess of 2% a separate enterprise; and chapter; of your assets, that excess investment (5) Unless the parent savings (3) Insurance brokerage or agency for must serve primarily community, inner association has guaranteed a loan by the liability, casualty, automobile, life, city, or community development subsidiary, all borrowings by the health, accident or title insurance; purposes. You must designate the subsidiary indicate that the parent is not (4) Liquidity management; investments serving those purposes, liable. (5) Issuing notes, bonds, debentures or which include: (b) OTS regulations that apply both to other obligations or securities; and (1) Investments in governmentally savings associations and subsidiaries (6) Purchase or sale of coins issued by insured, guaranteed, subsidized or shall not be construed as requiring a the U.S. Treasury. otherwise sponsored programs for savings association and its subsidiaries (g) Investments: housing, small farms, or businesses that to operate as a single entity. (1) Tax-exempt bonds used to finance are local in character; residential real property for family (2) Investments for the preservation or § 559.11 What notices are required to units; revitalization of either urban or rural establish or acquire a new subsidiary or (2) Tax-exempt obligations of public communities; engage in new activities through an existing subsidiary? housing agencies used to finance (3) Investments designed to meet the housing projects with rental assistance community development needs of, and When required by section 18(m) of the subsidies; primarily benefit, low- and moderate- Federal Deposit Insurance Act, a savings (3) Small business investment income communities; or association (‘‘you’’) must file a notice companies licensed by the U.S. Small (4) Other community, inner city, or (‘‘Notice’’) in accordance with § 516.1(c) Business Administration to invest in community development-related of this chapter at least 30 days before small businesses engaged exclusively in investments approved by OTS. establishing or acquiring a subsidiary or the activities listed in paragraphs (a) (b) Except as provided in paragraph engaging in new activities in a through (i) of this section; and (c) of this section, your aggregate subsidiary. The Notice must contain all (4) Investing in savings accounts of a investment in service corporations of the information the FDIC requires stockholder thrift. includes all loans (except accounts pursuant to 12 CFR 303.13. Providing (h) Community development and payable incurred in the ordinary course OTS with a copy of the notice you file charitable activities: of business and paid within 60 days) with the FDIC will satisfy this (1) Investments in governmentally and all guarantees or take out requirement. If OTS notifies you within insured, guaranteed, subsidized or commitments of such loans to a service 30 days that the Notice presents otherwise sponsored programs for corporation and to any entity in which supervisory concerns, or raises housing, small farms, or businesses that the service corporation invests, whether significant issues of law or policy, you are local in character; or not you hold stock in that entity. must apply for and receive OTS’s prior (2) Investments that meet the (c) In addition to the amounts you written approval in accordance with community development needs of, and may invest under paragraph (a) of this § 516.1(c) of this chapter before primarily benefit, low- and moderate- section, and to the extent you have establishing or acquiring the subsidiary income communities; authority under section 5(c) of the or engaging in new activities in the (3) Investments in low-income HOLA and part 560 of this chapter, you subsidiary. housing tax credit projects and entities may make loans to any service § 559.12 How may a subsidiary of a authorized by statute (e.g., Community corporation in which you hold stock. Such loans are subject to the loans-to- savings association issue securities? Development Financial Institutions) to one-borrower regulation, § 563.93 of this promote community, inner city, and (a) A subsidiary may issue, either chapter. For purposes of the investment community development purposes; and directly or through a third party limits of section 5(c) of the HOLA and (4) Establishing a corporation that is intermediary, any securities that its part 560 of this chapter, loans under this recognized by the Internal Revenue parent savings association (‘‘you’’) are paragraph (c) will be aggregated with Service as organized for charitable authorized to issue (or if you are a any other loans of that type you make. purposes under Section 501(c)(3) of the mutual savings association, would be Internal Revenue Code (26 U.S.C. authorized to issue if you converted to Subpart BÐRegulations Applicable to the stock form). The subsidiary must not 501(c)(3)) and making a reasonable All Savings Associations contribution to capitalize it, provided state or imply that the securities it that the corporation engages exclusively § 559.10 What must a savings association issues are covered by federal deposit in activities designed to promote the and its subsidiary do to maintain separate insurance. A subsidiary may not issue well-being of communities in which the corporate identities? any security the payment, maturity, or shareholders of the service corporation (a) Each savings association and redemption of which may be accelerated operate. subsidiary thereof must be operated in upon the condition that you are (i) Activities reasonably incident to a manner that demonstrates to the insolvent or have been placed into those listed in paragraphs (a) through public the separate corporate existence receivership. (h) of this section for service of the savings association and (b) You must file a notice with OTS corporations engaged in those activities. subsidiary. Each must operate so that: in accordance with § 516.1 of this (1) Their respective business chapter at least 30 days before issuing § 559.4 How much may a savings transactions, accounts, and records are any securities through an existing association invest in service corporations? not intermingled; subsidiary or in conjunction with (a) A federal savings association (2) Each observes the formalities of establishing or acquiring a new (‘‘you’’) may invest in the capital stock, their separate corporate procedures; subsidiary. If OTS notifies you within

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30 days that the notice presents (7) Where the subsidiary intends to (b) If OTS notifies you within 30 days supervisory concerns or raises market the securities; and that the Notice presents supervisory significant issues of law or policy, you (8) A statement that within 10 days concerns, or raises significant issues of must receive OTS’s prior written after the issuance of any securities law or policy, you must apply for and approval before issuing securities through a subsidiary, you will notify the receive OTS’s prior written approval in through your subsidiary. The notice OTS in writing that you have issued the accordance with § 516.1(c) of this must contain: securities and provide a copy of any chapter before making a salvage (1) The amount of your assets or prospectus, offering circular, or similar investment in a service corporation. liabilities (including any guarantees you document concerning such issuance. make with respect to the securities PART 560ÐLENDING AND (c) Sales of the subsidiary’s securities INVESTMENT issuance) that you will transfer or make to retail customers must comply with available to the subsidiary; the § 545.74(c)(4) of this chapter. 5. Part 560 as proposed to be added percentage that such amount represents at 61 FR 1177 is amended as follows: of the current book value of your assets § 559.13 How may a savings association exercise its salvage power in connection a. The authority citation for part 560 on an unconsolidated basis; and the continues to read as follows: current book value of all such assets of with its service corporation? the subsidiary; (a) In accordance with this section, a Authority: 12 U.S.C. 1462, 1462a, 1463, 1464, 1828, 1701j–3, 3803, 3806; 42 U.S.C. (2) The terms of any guarantee(s) to be savings association (‘‘you’’) may 4106. issued by you or any third party; exercise your salvage power to make a (3) A description of the securities the contribution or a loan (including a b. Section 560.30 is revised to read as subsidiary will issue; guarantee of a loan made by any other follows: (4) An estimate of the net proceeds person) to your service corporation § 560.30 General lending and investment from the issuance of securities (or the (‘‘salvage investment’’) that exceeds the powers of federal savings associations. maximum amount otherwise permitted pro rata portion of the net proceeds from Pursuant to section 5(c) of the Home under law or regulation. You must securities issued through a jointly Owners Loan Act (HOLA), 12 U.S.C. notify OTS at least 30 days before owned subsidiary); the anticipated 1464(c), a federal savings association making a salvage investment in a service amount of gross proceeds of the may make, invest in, purchase, sell, corporation. This notice must securities issuance; and the current participate in, or otherwise deal in demonstrate that: market value of assets collateralizing the (including brokerage or warehousing) all securities issuance (any assets of the (1) The salvage investment protects loans and investments allowed under subsidiary, including any guarantees of your interest in the service corporation; section 5(c) of the HOLA including, its securities issuance you have made); (2) The salvage investment is without limitation, the following loans, (5) The anticipated interest or consistent with safety and soundness; extensions of credit, and investments, dividend rates and yields, or the range and subject to the limitations indicated and thereof, and the frequency of payments (3) You considered alternatives to the any such terms, conditions, or on the subsidiary’s securities; salvage investment and determined that limitations as may be prescribed from (6) The minimum denomination of such alternatives would not adequately time to time by the Office by policy the subsidiary’s securities; satisfy paragraphs (a)(1) and (a)(2). directive, order, or regulation:

LENDING AND INVESTMENT POWERS CHART

Statutory percentage of assets limitations Category HOLA au- (endnotes contain applicable regulatory limi- thorization tations)

Commercial loans ...... 5(c)(2)(A) 10% of total assets. Commercial paper and corporate debt securities ...... 5(c)(2)(D) Up to 30% of total assets.1 2 Community development ...... 5(c)(3)(B) 5% of total assets. Community development direct investments ...... 5(c)(3)(B) 2% of total assets.3 Consumer loans ...... 5(c)(2)(D) Up to 35% of total assets.1 4 Credit cards ...... 5(b)(4) None.5 Education loans ...... 5(c)(3)(A) 5% of total assets. Finance leasing ...... 5(c)(1)(B) Based on collateral type for property fi- 5(c)(2)(A) nanced.6 5(c)(2)(D) Foreign assistance investments ...... 5(c)(4)(C) 1% of total assets.7 General leasing ...... 5(c)(2)(C) 10% of assets.6 Home improvement loans ...... 5(c)(1)(J) None.5 Home (residential) loans 8 ...... 5(c)(1)(B) None.5 9 Letters of credit ...... 5(c)(2)(A) Included in aggregate 10% of assets com- mercial lending limitation.10 Loans secured by accounts ...... 5(c)(1)(A) None.5 11 Loans to financial institutions, brokers, and dealers ...... 5(c)(1)(L) None.5 12 Manufactured home loans ...... 5(c)(1)(J) None.5 13 Nonresidential real property loans ...... 5(c)(2)(B) 400% of total capital.14 Open-end management investment companies a ...... 5(c)(1)(Q) None.5 Service corporations ...... 5(c)(4)(B) 3% of total assets, as long as any amount in excess of 2% of total assets furthers community, inner city, or community de- velopment purposes.b Small business investment companies c ...... 5(c)(4)(D) 1% of total assets.

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LENDING AND INVESTMENT POWERS CHARTÐContinued

Statutory percentage of assets limitations Category HOLA au- (endnotes contain applicable regulatory limi- thorization tations)

State and local government obligations ...... 5(c)(1)(H) None.5 15 State housing corporations ...... 5(c)(1)(P) None.5 16 Transaction account loans, including overdrafts ...... 5(c)(1)(A) None.5 17 Notes: 1 For purposes of determining a Federal savings association's percentage assets limitation, investment in commercial paper and corporate debt securities must be aggregated with the Federal savings association's investment in consumer loans. 2 A Federal savings association may invest in commercial paper and corporate debt securities, which includes corporate debt securities con- vertible into stock, subject to the provisions of § 560.40. 3 This 2% of assets limitation is a sublimit within the overall 5% of assets limitation on community development loans and investments. 4 Amounts in excess of 30% of assets, in aggregate, may be invested only in loans made by the association directly to the original obligor and for which no finder's or referral fees have been paid. A Federal savings association may include loans to dealers in consumer goods to finance inventory and floor planning in the total investment made under this section. 5 While there is no statutory limit on certain categories of loans and investments, including credit card loans, home improvement loans, and de- posit account loans, the OTS may establish an individual limit on such loans or investments if the association's concentration in such loans or in- vestments presents a safety and soundness concern. 6 A Federal savings association may engage in leasing activities subject to the provisions of § 560.41. 7 This 1% of assets limitation applies to the aggregate outstanding investments made under the Foreign Assistance Act and in the capital of the Inter-American Savings and Loan Bank. Such investments may be made subject to the provisions of § 560.43. 8 A home (or residential) loan includes loans secured by on one-to-four family dwellings, multi-family residential property and loans secured by a unit or units of a condominium or housing cooperative. 9 A Federal savings association may make home loans subject to the provisions of § 560.34. 10 A Federal savings association may issue letters of credit subject to the provisions of § 560.120. 11 Loans secured by savings accounts and other time deposits may be made without limitation, provided the Federal savings association ob- tains a lien on, or a pledge of, such accounts. Such loans may not exceed the withdrawable amount of the account. 12 A Federal savings association may only invest in loans secured by obligations of, or by obligations fully guaranteed as to principal and inter- est by, the United States or any of its agencies or instrumentalities where the borrower is a financial institution insured by the Federal Deposit In- surance Corporation or is a broker or dealer registered with the Securities and Exchange Commission and the market value of the securities for each loan at least equals the amount of the loan at the time it is made. 13 If the wheels and axles of the manufactured home have been removed and it is permanently affixed to a foundation, a loan secured by a combination of a manufactured home and developed residential lot on which it sits may be treated as a home loan. 14 Without regard to any limitations of this part, a Federal savings association may make or invest in the fully insured or guaranteed portion of nonresidential real estate loans insured or guaranteed by the Economic Development Administration, the Farmers Home Administration, or the Small Business Administration. Unguaranteed portions of guaranteed loans must be aggregated with uninsured loans when determining an asso- ciation's compliance with the 400% of capital limitation for other real estate loans. a This authority is limited to investments in open-end management investment companies that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940. The portfolio of the investment company must be restricted by the company's invest- ment policy (changeable only if authorized by shareholder vote) solely to investments that a Federal savings association may, without limitation as to percentage of assets, invest in, sell, redeem, hold, or otherwise deal in. Separate and apart from this authority, a Federal savings associa- tion may make pass-through investments to the extent authorized by § 560.32. b A Federal savings association may invest in service corporations subject to the provisions of part 559 of this chapter. c A Federal savings association may only invest in small business investment companies formed pursuant to section 301(d) of the Small Busi- ness Investment Act of 1958. 15 This category includes obligations issued by any state, territory, or possession of the United States or political subdivision thereof (including any agency, corporation, or instrumentality of a state or political subdivision), subject to § 560.42. 16 A Federal savings association may invest in state housing corporations subject to the provisions of § 560.121. 17 Payments on accounts in excess of the account balance (overdrafts) on commercial deposit or transaction accounts shall be considered commercial loans for purposes of determining the association's percentage of assets limitation.

C. Sections 560.32 and 560.33 are (1) You do not invest more than 15% you that an investment presents added to read as follows: of your capital in one company; supervisory, legal, or safety and (2) You have not invested more than soundness concerns, you must file an § 560.32 Pass-Through Investments 50% of your total capital in pass- application with OTS in accordance (a) A federal savings association through investments; with § 516.1 of this chapter and may not (‘‘you’’) may make pass-through (3) Your investment would not give make the investment without first investments. A pass-through investment you direct or indirect control of the is one where you invest in an entity receiving OTS’s prior written approval. company; Notices under this section are deemed (‘‘company’’) that engages only in (4) Your liability is limited to the to be applications for purposes of activities that you may conduct directly. amount of your investment; You must comply with all the statutes (5) The company falls into one of the statutory and regulatory references to and regulations that would apply if you following categories: ‘‘applications.’’ Any conditions that were engaging in the activity directly. (i) A limited partnership; OTS imposes for supervisory, legal, or For example, your proportionate share (ii) An open-end mutual fund; safety and soundness reasons on any of the company’s assets will be (iii) A closed-end investment trust; or pass-through investment shall be aggregated with the assets you hold (iv) An entity in which you are enforceable as a condition imposed in directly in calculating investment limits investing primarily to use the writing by the OTS in connection with (e.g., 10% of assets for commercial company’s services (e.g., data the granting of a request by a savings loans). processing). association within the meaning of 12 (b) You may make a pass-through (c) If you want to make other pass- U.S.C. 1818(b) or 1818(i). investment without prior notice to OTS through investments, you must provide if all of the following conditions are OTS with 30 days’ advance notice. If met: within that 30-day period OTS notifies

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§ 560.33 De minimis investments. holds more than a 50% ownership airplanes prompted the proposal. Since A federal savings association may interest.1 This definition does not issuance of the proposal, the Federal invest in the aggregate up to the greater include ownership interests that were Aviation Administration (FAA) has of one-fourth of 1% of its capital or taken in satisfaction of debts previously determined that additional serial $100,000, in community development contracted, provided that the reporting numbers of Piper Model PA31T2 investments of the type permitted for a association has not held the interest for airplanes should be included in the national bank under 12 CFR Part 24. more than five years or a longer period Applicability section of the proposed approved by the OTS. AD, and that revised service information PART 563ÐOPERATIONS * * * * * should be incorporated. The actions 6. The authority citation for part 563 specified by the proposed AD are continues to read as follows: PART 571ÐSTATEMENTS OF POLICY intended to prevent the brake cylinder from chafing against the landing gear Authority: 12 U.S.C. 375b, 1462, 1462a, 12. The authority citation for part 571 emergency extension air line when the 1463, 1464, 1467a, 1468, 1817, 1828, 3806; continues to read as follows: 42 U.S.C. 4106. gear is in the up and locked position, Authority: 5 U.S.C. 552, 559; 12 U.S.C. which could result in damage to the air §§ 563.37, 563.38, 563.132 [Removed] 1462a, 1463, 1464. line and subsequent loss of emergency 7. Sections 563.37, 563.38, and § 571.21 [Removed] gear extension capability. Since the 563.132 are removed. comment period for the original 13. Section 571.21 is removed. 8. Section 563.41 is amended by proposal has closed and the change revising paragraph (b)(4) to read as Dated: May 28, 1996. described above goes beyond the scope follows: By the Office of Thrift Supervision. of what was originally proposed, the Jonathan L. Fiechter, FAA is allowing additional time for the § 563.41 Loans and other transactions public to comment. with affiliates and subsidiaries. Acting Director. DATES: Comments must be received on * * * * * [FR Doc. 96–13828 Filed 6–12–96; 8:45 am] (b) * * * BILLING CODE 6720±01±P or before August 16, 1996. (4) The term subsidiary with respect ADDRESSES: Submit comments in to a specified savings association means triplicate to the Federal Aviation a company that is controlled by such DEPARTMENT OF TRANSPORTATION Administration (FAA), Central Region, specified savings association; Office of the Assistant Chief Counsel, * * * * * Federal Aviation Administration Attention: Rules Docket No. 95–CE–21– AD, Room 1558, 601 E. 12th Street, 9. Section 563.93 is amended by 14 CFR Part 39 revising paragraph (a) to read as follows: Kansas City, Missouri 64106. Comments [Docket No. 95±CE±21±AD] may be inspected at this location § 563.93 Lending limitations. between 8 a.m. and 4 p.m., Monday (a) Scope. This section applies to all RIN 2120±AA64 through Friday, holidays excepted. loans and extensions of credit to third Service information that applies to the Airworthiness Directives; The New parties made by a savings association proposed AD may be obtained from the Piper Aircraft, Inc. (Formerly Piper and its subsidiaries or service Parker Hannifin Corporation, Aircraft Aircraft Corporation) Model PA31T2 corporations. This section does not Wheel & Brake, 1160 Center Road, P.O. Airplanes apply to loans made by a savings Box 158, Avon, Ohio 44011; telephone association to operating subsidiaries or AGENCY: Federal Aviation (216) 937–6211; facsimile (216) 937– affiliates of the savings association. The Administration, DOT. 5409. This information also may be term operating subsidiary has the same ACTION: Supplemental notice of examined at the Rules Docket at the meaning indicated in § 559.2 of this proposed rulemaking (NPRM); address above. chapter. The terms subsidiary and Reopening of the comment period. FOR FURTHER INFORMATION CONTACT: affiliate have the same meanings as Mr. Nick Miller, Aerospace Engineer, those terms are defined in § 563.41. SUMMARY: This document proposes to FAA, Chicago Aircraft Certification * * * * * revise an earlier proposed airworthiness Office, FAA, 2300 East Devon Avenue, directive (AD), which would have Des Plaines, Illinois 60018; telephone PART 567ÐCAPITAL required rerouting the landing gear (847) 294–7837; facsimile (847) 294– 10. The authority citation for part 567 emergency extension air line on The 7834. continues to read as follows: New Piper Aircraft, Inc. (Piper) Model PA31T2 airplanes that have Parker SUPPLEMENTARY INFORMATION: Authority: 12 U.S.C. 1462, 1462a, 1463, Hannifin Wheel and Brake Conversion 1464, 1467a, 1828 (note). Comments Invited Kit 199–111 incorporated in accordance 11. Section 567.1 is amended by with Supplemental Type Certificate Interested persons are invited to removing in paragraph (l)(1) the phrase (STC) SA599GL. Three incidents of the participate in the making of the ‘‘(either directly or through ownership brake cylinder contacting the landing proposed rule by submitting such of a subsidiary)’’, and by revising gear emergency extension air line on written data, views, or arguments as paragraph (dd) to read as follows: both wheel wells of the affected they may desire. Communications should identify the Rules Docket § 567.1 Definitions. 1 The Office reserves the right to review a savings number and be submitted in triplicate to * * * * * association’s investment in a subsidiary on a case- the address specified above. All (dd) Subsidiary. The term subsidiary by-case basis. If the Office determines that such communications received on or before means any corporation, partnership, investment is more appropriately treated as an the closing date for comments, specified equity security or an ownership interest in a business trust, joint venture, association subsidiary it will make such determination above, will be considered before taking or similar organization in which a regardless of the percentage of ownership held by action on the proposed rule. The savings association directly or indirectly the savings association. proposals contained in this

VerDate 29-MAY-96 21:54 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\P13JN2.PT1 13jnp1 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules 29993 supplemental notice may be changed in Evaluation of All Applicable Revision B. Based on each of the 31 kits light of the comments received. Information being incorporated on an affected Comments are specifically invited on After examining the circumstances airplane, the cost impact of the the overall regulatory, economic, and reviewing all available information proposed AD on U.S. owners and environmental, and energy aspects of related to the subject described above, operators would be reduced 50 percent the proposed rule. All comments including the comments received, the from $16,120 to $8,060. The reduction submitted will be available, both before FAA has determined that the NPRM results from the difference between the and after the closing date for comments, should be revised to include the above- 62 airplanes that are type certificated to in the Rules Docket for examination by referenced serial number change and have a Parker Hannifin Wheel and Brake interested persons. A report that revised service bulletin, and that AD Conversion Kit 199–111 incorporated summarizes each FAA-public contact action should still be taken to prevent (in accordance with STC SA599GL) and concerned with the substance of this brake cylinders from chafing against the the 31 kits that have already been proposal will be filed in the Rules landing gear emergency extension air distributed. Docket. line when the gear is in the up and Commenters wishing the FAA to locked position. This condition could Regulatory Impact acknowledge receipt of their comments result in damage to the air line and submitted in response to this The regulations proposed herein subsequent loss of emergency gear would not have substantial direct effects supplemental notice must submit a self- extension capability. on the States, on the relationship addressed, stamped postcard on which Since this revision of the NPRM to between the national government and the following statement is made: add serial numbers for the Piper Model the States, or on the distribution of ‘‘Comments to Docket No. 95–CE–21– PA31T2 airplanes proposes actions that AD.’’ The postcard will be date stamped go beyond the scope of what was power and responsibilities among the and returned to the commenter. already proposed, the FAA is reopening various levels of government. Therefore, in accordance with Executive Order Availability of Supplemental NPRM the comment period to allow the public additional time to comment on this 12612, it is determined that this Any person may obtain a copy of this proposed action. proposal would not have sufficient supplemental NPRM by submitting a federalism implications to warrant the request to the FAA, Central Region, Explanation of the Provisions of the preparation of a Federalism Assessment. Office of the Assistant Chief Counsel, Proposed AD For the reasons discussed above, I Attention: Rules Docket No. 95–CE–21– Since an unsafe condition has been certify that this action (1) is not a AD, Room 1558, 601 E. 12th Street, identified that is likely to exist or ‘‘significant regulatory action’’ under Kansas City, Missouri 64106. develop in other Piper Model PA31T2 Executive Order 12866; (2) is not a Discussion airplanes of the same type design that ‘‘significant rule’’ under DOT have a Parker Hannifin Wheel and Brake Regulatory Policies and Procedures (44 A proposal to amend part 39 of the Conversion Kit 199–111 incorporated in FR 11034, February 26, 1979); and (3) if Federal Aviation Regulations (14 CFR accordance with STC SA599GL, the promulgated, will not have a significant part 39) to include an AD that would proposed AD would require rerouting economic impact, positive or negative, apply to certain Piper Model PA31T2 the landing gear emergency extension on a substantial number of small entities airplanes that have Parker Hannifin air line. Accomplishment of the under the criteria of the Regulatory Wheel and Brake Conversion Kit 199– proposed action would be in accordance 111 incorporated in accordance with Flexibility Act. A copy of the draft with Parker Hannifin Service Bulletin regulatory evaluation prepared for this STC SA599GL was published in the SB7034, Revision B, dated December 19, action has been placed in the Rules Federal Register on April 17, 1995 (60 1995. FR 19174). The action proposed to Docket. A copy of it may be obtained by require rerouting the landing gear Cost Impact contacting the Rules Docket at the emergency extension air line. The FAA has determined that there location provided under the caption Accomplishment of the proposed action are 62 Piper Model PA31T2 airplanes in ADDRESSES. would be in accordance with Parker the U.S. registry that could incorporate List of Subjects in 14 CFR Part 39 Hannifin Service Bulletin SB7034, dated a Parker Hannifin Wheel and Brake March 23, 1994 (since revised to Conversion Kit 199–111 (in accordance Air transportation, Aircraft, Aviation Revision B, dated December 19, 1995). with STC SA599GL), that it would take safety, Safety. Interested persons have been afforded approximately 4 workhours per airplane an opportunity to participate in the to accomplish the proposed action, and The Proposed Amendment making of this amendment. No that the average labor rate is Accordingly, pursuant to the comments were received on the approximately $60 an hour. Parts cost authority delegated to me by the proposed rule or the FAA’s approximately $20 per airplane. Based Administrator, the Federal Aviation determination of the cost to the public. on these figures, the total cost impact of Administration proposes to amend part Since issuance of the notice of the proposed AD on U.S. operators 39 of the Federal Aviation Regulations proposed rulemaking (NPRM), the FAA could be as much as $16,120 if all has determined that the Applicability affected airplanes had the referenced (14 CFR part 39) as follows: section of the proposed AD should be conversion kit installed. PART 39ÐAIRWORTHINESS revised to include additional serial Parker Hannifin has informed the DIRECTIVES numbers of Piper Model PA31T2 FAA that it has distributed 31 kits airplanes. In addition, Parker Hannifin (shipped after March 28, 1994) to Piper 1. The authority citation for part 39 Service Bulletin SB7034 has been Model PA31T2 airplane owners/ continues to read as follows: revised (Revision B, dated December 19, operators. Kits shipped after March 28, 1995) to reflect the Piper Model PA31T2 1994, included the replacement parts Authority: 49 U.S.C. 106(g), 40113, 44701. airplane serial numbers change. referenced in Parker Hannifin SB7034,

VerDate 29-MAY-96 21:54 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\P13JN2.PT1 13jnp1 29994 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules

§ 39.13 [Amended] Issued in Kansas City, Missouri, on June 4, Service information that applies to the 2. Section 39.13 is amended by 1996. proposed AD may be obtained from the adding a new airworthiness directive Henry A. Armstrong, Beech Aircraft Corporation, P.O. Box 85, (AD) to read as follows: Acting Manager, Small Airplane Directorate, Wichita, Kansas 67201–0085. This The New Piper Aircraft, Inc.: Docket No. 95– Aircraft Certification Service. information also may be examined at CE–21–AD. [FR Doc. 96–14954 Filed 6–12–96; 8:45 am] the Rules Docket at the address above. Applicability: Model PA31T2 airplanes BILLING CODE 4910±13±P FOR FURTHER INFORMATION CONTACT: Mr. (serial numbers 31T–8166001 through 31T– Steve Potter, Aerospace Engineer, 8166062), certificated in any category, that Wichita Aircraft Certification Office, have a Parker Hannifin Wheel and Brake 14 CFR Part 39 FAA, 1801 Airport Road, Mid-Continent Conversion Kit 199–111 incorporated in Airport, Wichita, Kansas 67209; accordance with Supplemental Type [Docket No. 96±CE±11±AD] Certificate (STC) SA599GL. telephone (316) 946–4124; facsimile RIN 2120±AA64 (316) 946–4407. Note 1: This AD applies to each airplane identified in the preceding applicability Airworthiness Directives; Beech SUPPLEMENTARY INFORMATION: provision, regardless of whether it has been Aircraft Corporation 90, 99, 100, 200, Comments Invited modified, altered, or repaired in the area and 1900 Series Airplanes subject to the requirements of this AD. For Interested persons are invited to airplanes that have been modified, altered, or AGENCY: Federal Aviation participate in the making of the repaired so that the performance of the Administration, DOT. requirements of this AD is affected, the proposed rule by submitting such ACTION: owner/operator must request approval for an Notice of proposed rulemaking written data, views, or arguments as alternative method of compliance in (NPRM). they may desire. Communications accordance with paragraph (c) of this AD. should identify the Rules Docket SUMMARY: This document proposes to The request should include an assessment of number and be submitted in triplicate to supersede AD 92–27–10, which the effect of the modification, alteration, or the address specified above. All currently requires inspecting the pilot repair on the unsafe condition addressed by communications received on or before this AD; and, if the unsafe condition has not and copilot chairs to ensure that the the closing date for comments, specified been eliminated, the request should include locking pins will fully engage in the seat above, will be considered before taking specific proposed actions to address it. tracks on certain Beech Aircraft action on the proposed rule. The Compliance: Required within the next 100 Corporation (Beech) 90, 99, 100, 200, proposals contained in this notice may hours time-in-service after the effective date and 1900 series airplanes, and be changed in light of the comments of this AD, unless already accomplished. modifying any chair where any locking To prevent the brake cylinder from chafing received. pin fails to fully engage or is misaligned. against the landing gear emergency extension Comments are specifically invited on Reports of pilot and copilot chair air line when the gear is in the up and locked the overall regulatory, economic, locking pin malfunctions prompted AD position, which could result in damage to the environmental, and energy aspects of air line and subsequent loss of emergency 92–27–10. Since issuance of that AD, the proposed rule. All comments gear extension capability, accomplish the the Federal Aviation Administration submitted will be available, both before following: (FAA) has determined that additional and after the closing date for comments, (a) Reroute the landing gear emergency airplanes should be affected by the pilot in the Rules Docket for examination by extension air line in accordance with the and copilot chair locking pins ACCOMPLISHMENT INSTRUCTIONS interested persons. A report that inspection and modification (if section of Parker Hannifin Service Bulletin summarizes each FAA-public contact required), and that the inspection SB7034, Revision B, dated December 19, concerned with the substance of this should be accomplished in accordance 1995. proposal will be filed in the Rules (b) Special flight permits may be issued in with revised procedures. The proposed Docket. accordance with sections 21.197 and 21.199 action would retain the inspection and Commenters wishing the FAA to of the Federal Aviation Regulations (14 CFR modification requirements of AD 92– acknowledge receipt of their comments 21.197 and 21.199) to operate the airplane to 27–10; incorporate additional airplanes a location where the requirements of this AD submitted in response to this notice into the applicability over that included can be accomplished. must submit a self-addressed, stamped in AD 92–27–10; and require the (c) An alternative method of compliance or postcard on which the following inspection in accordance with revised adjustment of the compliance time that statement is made: ‘‘Comments to service information. The actions provides an equivalent level of safety may be Docket No. 96–CE–11–AD.’’ The approved by the Manager, Chicago Aircraft specified by the proposed AD are postcard will be date stamped and Certification Office (ACO), FAA, 2300 East intended to prevent inadvertent returned to the commenter. Devon Avenue, Des Plaines, Illinois 60018. movement of the pilot or copilot chair, The request shall be forwarded through an which could result in loss of control of Availability of NPRMs appropriate FAA Maintenance Inspector, who may add comments and then send it to the airplane if it occurs during a critical Any person may obtain a copy of this the Manager, Chicago ACO. flight maneuver. NPRM by submitting a request to the Note 2: Information concerning the DATES: Comments must be received on FAA, Central Region, Office of the existence of approved alternative methods of or before August 16, 1996. Assistant Chief Counsel, Attention: compliance with this AD, if any, may be ADDRESSES: Submit comments in Rules Docket No. 96–CE–11–AD, Room obtained from the Chicago ACO. triplicate to the Federal Aviation 1558, 601 E. 12th Street, Kansas City, (d) All persons affected by this directive Administration (FAA), Central Region, Missouri 64106. may obtain copies of the document referred Office of the Assistant Chief Counsel, to herein upon request to the Parker Hannifin Attention: Rules Docket No. 96–CE–11– Discussion Corporation, Aircraft Wheel & Brake, 1160 AD, Room 1558, 601 E. 12th Street, AD 92–27–10, Amendment 39–8444 Center Road, P.O. Box 158, Avon, Ohio 44011; or may examine this document at the Kansas City, Missouri 64106. Comments (58 FR 5923, January 25, 1993), FAA, Central Region, Office of the Assistant may be inspected at this location currently requires the following on Chief Counsel, Room 1558, 601 E. 12th between 8 a.m. and 4 p.m., Monday certain Beech Aircraft Corporation Street, Kansas City, Missouri 64106. through Friday, holidays excepted. (Beech) 90, 99, 100, 200, and 1900 series

VerDate 29-MAY-96 21:54 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\P13JN2.PT1 13jnp1 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules 29995 airplanes: inspecting the pilot and type design, the proposed AD would For the reasons discussed above, I copilot chairs to ensure that the locking supersede AD 92–27–10 with a new AD certify that this action (1) is not a pins will fully engage in the seat tracks, that would (1) retain the requirement of ‘‘significant regulatory action’’ under and modifying any chair where any inspecting the pilot and copilot chairs to Executive Order 12866; (2) is not a locking pin fails to fully engage or is ensure that the locking pins will fully ‘‘significant rule’’ under DOT misaligned. Accomplishment of the engage in the seat tracks, and modifying Regulatory Policies and Procedures (44 inspection required by AD 92–27–10 is any chair where any locking pin fails to FR 11034, February 26, 1979); and (3) if in accordance with Beech Service fully engage or is misaligned; (2) promulgated, will not have a significant Bulletin (SB) No. 2444, Revision 1, incorporate additional airplanes into the economic impact, positive or negative, dated September 1992. applicability over that included in AD on a substantial number of small entities Reports of pilot and copilot chair 92–27–10; and (3) require the inspection under the criteria of the Regulatory locking pin malfunctions, including one in accordance with Beech SB No. 2444, Flexibility Act. A copy of the draft instance where the pilot chair slid back Revision II, dated May 1995. regulatory evaluation prepared for this from the full forward position, action has been placed in the Rules Cost Impact prompted the FAA to issue AD 92–27– Docket. A copy of it may be obtained by 10. Since issuance of that AD, the FAA The FAA estimates that 4,971 contacting the Rules Docket at the has determined that additional airplanes airplanes in the U.S. registry would be location provided under the caption should be affected by the pilot and affected by the proposed AD, that it ADDRESSES. copilot chair locking pins inspection would take approximately 1 workhour and modification, and that the per airplane to accomplish the proposed List of Subjects in 14 CFR Part 39 inspection should be accomplished in inspection, and that the average labor Air transportation, Aircraft, Aviation accordance with revised procedures. rate is approximately $60 an hour. No safety, Safety. Applicable Service Information parts are required to accomplish the proposed action. Based on these figures, The Proposed Amendment The Beech Aircraft Corporation has the total cost impact of the proposed AD revised SB No. 2444 to the Revision II on U.S. operators is estimated to be Accordingly, pursuant to the level (dated May 1995). The SB revision $298,260. This figure only takes into authority delegated to me by the updates airplane serial number account the cost of the inspection and Administrator, the Federal Aviation effectivity, and incorporates an does not take into account the cost of Administration proposes to amend 14 additional procedure to Step 5 of the modifying any pilot or copilot seat CFR part 39 of the Federal Aviation ACCOMPLISHMENT INSTRUCTIONS where the locking mechanism fails to Regulations as follows: section. fully engage or is misaligned. If a pilot PART 39ÐAIRWORTHINESS Evaluation of All Applicable or copilot seat fails to fully engage or is DIRECTIVES Information misaligned, the modification would take After examining the circumstances approximately 2 workhours per airplane 1. The authority citation for part 39 and reviewing all available information at an average labor rate of $60 per hour continues to read as follows: ($120 per airplane). related to the incidents described above, Authority: 49 USC 106(g), 40113, 44701. including the referenced SB revision, Regulatory Impact the FAA has determined that AD action § 39.13 [Amended] should be taken to prevent inadvertent The regulations proposed herein movement of the pilot or copilot chair, would not have substantial direct effects 2. Section 39.13 is amended by which could result in loss of control of on the States, on the relationship removing Airworthiness Directive (AD) the airplane if it happens during a between the national government and 92–27–10, Amendment 39–8444 (58 FR critical flight maneuver. the States, or on the distribution of 5923, January 25, 1993), and by adding power and responsibilities among the a new AD to read as follows: Explanation of the Provisions of the various levels of government. Therefore, Beech Aircraft Corporation: Docket No. 96– Proposed AD in accordance with Executive Order CE–11–AD. Supersedes AD 92–27–10, Since an unsafe condition has been 12612, it is determined that this Amendment 39–8444. identified that is likely to exist or proposal would not have sufficient Applicability: The following model and develop in other Beech 90, 99, 100, 200, federalism implications to warrant the serial number airplanes, certificated in any and 1900 series airplanes of the same preparation of a Federalism Assessment. category:

Models Serial No.

65±90, 65±A90, B90, C90, and C90A ...... LJ±1 through LJ±1307. 65±A90±1 (U±21A) ...... LM±1 through LM±63, LM±65, LM±67 through LM±69, LM±71 through LM±99, and LM± 112 through LM±114. 65±A90±1 (JU±21A) ...... LM±64, LM±66, and LM±70. 65±A90±1 (RU±21D) ...... LM±100, LM±102 through LM±106, and LM±116 through LM±124. 65±A90±1 (RU±21H) ...... LM±101 LM±107, LM±115, LM±125, LM±127, LM±128, LM±129, LM±132, LM±133, LM± 136, LM±137, and LM±138. 65±A90±1 (RU±21A) ...... LM±108 through LM±111. 65±A90±1 (U±21G) ...... LM±126, LM±130, LM±131, LM± 134, LM±135, and LM±139 through LM±141. 65±A90±2 (RU±21B) ...... LS±1, LS±2, and LS±3. 65±A90±3 (RU±21C) ...... LT±1 and LT±2. 65±A90±4 (RU±21E) ...... LU±1, LU±3, LU±4, LU±7, LU±8, and LU±14. 65±A90±4 (RU±21H) ...... LU±2, LU±5, LU±6, LU±9, LU±10 through LU±13, and LU±15. E90 ...... LW±1 through LW±347. H90 (T±44A) ...... LL±1 through LL±61. F90 ...... LA±2 through LA±236.

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Models Serial No.

99, 99A, A99A, B99, and C99 ...... U±1 through U±239. 100 and A100 ...... B±1 through B±94 and B±100 through B±247. A100 (U±21F) ...... B±95 through B±99. A100±1 (U±21J) ...... BB±3, BB±4, and BB±5. B100 ...... BE±1 through BE±137. 200 and B200 ...... BB±2 and BB±6 through BB±1440. 200C and B200C ...... BL±1 through BL±72 and BL±124 through BL±137. 200CT and B200CT ...... BN±1 through BN±4. 200T and B200T ...... BT±1 through BT±34. A200 (C±12A, C±12C) ...... BD±1 through BD±30, and BC±1 through BC±75. A200 (UC±12B) ...... BJ±1 through BJ±66. A200CT (C±12D) ...... BP±1, BP±22, and BP±24 through BP±51. A200CT(FWD±12D) ...... BP±7 through BP±11. A200CT (RC±12D) ...... GR±1 through GR±13. A200CT (C±12F) ...... BP±52 through BP±63. A200CT (RC±12G) ...... FC±1, FC±2, and FC±3. A200CT (RC±12H) ...... GR±14 through GR±19. A200CT (RC±12K) ...... FE±1 through FE±23. B200C (C±12F) ...... BL±73 through BL±112, and BL±118 through BL±123. B200C (UC±12F) ...... BU±1 through BU±10. B200C (RC±12F) ...... BU±11 and BU±12. B200C (UC±12M) ...... BV±1 through BV±10. B200C (RC±12M) ...... BV±11 and BV±12. B200CT (FWD±12D) ...... FG±1 and FG±2. B200CT (C±12F) ...... BP±64 through BP±71. 1900 ...... UA±1, UA±2, and UA±3. 1900C ...... UB±1 through UB±74, and UC±1 through UC±174. 1900C (C±12) ...... UD±1 through UD±6. 1900D ...... UE±1 through UE±17.

Note 1: This AD applies to each airplane Beech SB No. 2444, Revision I, dated Issued in Kansas City, Missouri, on June 4, identified in the preceding applicability September 1992. 1996. provision, regardless of whether it has been (c) Special flight permits may be issued in Henry A. Armstrong, modified, altered, or repaired in the area accordance with sections 21.197 and 21.199 Acting Manager, Small Airplane Directorate, subject to the requirements of this AD. For of the Federal Aviation Regulations (14 CFR Aircraft Certification Service. airplanes that have been modified, altered, or 21.197 and 21.199) to operate the airplane to [FR Doc. 96–14989 Filed 6–12–96; 8:45 am] repaired so that the performance of the a location where the requirements of this AD requirements of this AD is affected, the BILLING CODE 4910±13±U can be accomplished. owner/operator must request approval for an (d) An alternative method of compliance or alternative method of compliance in accordance with paragraph (d) of this AD. adjustment of the compliance time that 14 CFR Part 39 provides an equivalent level of safety may be The request should include an assessment of [Docket No. 95±NM±227±AD] the effect of the modification, alteration, or approved by the Manager, Wichita Aircraft repair on the unsafe condition addressed by Certification Office (ACO), 1801 Airport RIN 2120±AA64 this AD; and, if the unsafe condition has not Road, Room 100, Mid-Continent Airport, been eliminated, the request should include Wichita, Kansas 67209. The request shall be Airworthiness Directives; Airbus Model specific proposed actions to address it. forwarded through an appropriate FAA A300, A300±600, A310, and A320 Compliance: Required within the next 150 Maintenance Inspector, who may add Series Airplanes hours time-in-service after the effective date comments and then send it to the Manager, AGENCY: Federal Aviation of this AD, unless already accomplished. Wichita ACO. Alternative methods of Administration, DOT. To prevent inadvertent movement of the compliance approved in accordance with AD pilot or copilot chair, which could result in 92–27–10 (superseded by this action) are not ACTION: Notice of proposed rulemaking loss of control of the airplane if it occurs considered approved as alternative methods (NPRM). during a critical flight maneuver, accomplish of compliance with this AD. SUMMARY: This document proposes the the following: Note 2: Information concerning the (a) Inspect the pilot and copilot chairs to supersedure of an existing airworthiness existence of approved alternative methods of directive (AD), applicable to certain ensure that the locking pins will fully engage compliance with this AD, if any, may be in the seat tracks in accordance with the Airbus Model A300, A300–600, A310, obtained from the Wichita ACO. ACCOMPLISHMENT INSTRUCTIONS and A320 series airplanes, that currently section of Beech Service Bulletin (SB) No. (e) All persons affected by this directive requires an inspection of the landing 2444, Revision II, dated May 1995. Prior to may obtain copies of the document referred gear brakes for wear, and replacement if further flight, modify any chair where any to herein upon request to the Beech Aircraft the specified wear limits are not met. locking pin fails to fully engage or is Corporation, P.O. Box 85, Wichita, Kansas That AD also requires incorporation of misaligned in accordance with the 67201–0085; or may examine this document the specified wear limits into the FAA- maintenance manual as specified in Beech at the FAA, Central Region, Office of the approved maintenance inspection SB No. 2444, Revision II, dated May 1995. Assistant Chief Counsel, Room 1558, 601 E. (b) The inspection and modification program. This action would require that 12th Street, Kansas City, Missouri 64106. certain wear limits that are dependent required by paragraph (a) of this AD are still (f) This amendment supersedes AD 92–27– mandatory even if the actions were on brake stack weight be used in 10, Amendment 39–8444. previously accomplished in accordance with conjunction with specified brake stack Beech SB No. 2444, dated April 1992, or weights, and that maximum allowable

VerDate 29-MAY-96 21:54 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\P13JN2.PT1 13jnp1 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules 29997 brake wear limits for additional brake the proposed rule. All comments unable to withstand maximum RTO units be incorporated into the FAA- submitted will be available, both before energy with the wear pin limit specified approved maintenance program. This and after the closing date for comments, in the existing AD due to lower brake proposal is prompted by a report that in the Rules Docket for examination by stack weights. Consequently, the FAA some brakes that are subject to the interested persons. A report has determined that a requirement that requirements of the existing AD have summarizing each FAA-public contact certain wear limits that are dependent not been removed from service and by concerned with the substance of this on brake stack weight must be used in the determination of the maximum proposal will be filed in the Rules conjunction with appropriate brake allowable brake wear limits for Docket. stack weights specified in the brake additional brake unit part numbers. The Commenters wishing the FAA to manufacturer’s Component actions specified by the proposed AD acknowledge receipt of their comments Maintenance Manual (CMM), certain are intended to prevent the loss of brake submitted in response to this notice service bulletins, or the Airplane effectiveness during a high energy must submit a self-addressed, stamped Maintenance Manual. rejected takeoff. postcard on which the following Further, additional brake unit part DATES: Comments must be received by statement is made: ‘‘Comments to numbers that were not addressed in AD July 22, 1996. Docket Number 95–NM–227–AD.’’ The 94–26–05 have since been evaluated, ADDRESSES: Submit comments in postcard will be date stamped and and the maximum allowable brake wear triplicate to the Federal Aviation returned to the commenter. limits for these brake units have been determined in accordance with a Administration (FAA), Transport Availability of NPRMs Airplane Directorate, ANM–103, methodology approved by the FAA. The Attention: Rules Docket No. 95–NM– Any person may obtain a copy of this newly identified maximum brake wear 227–AD, 1601 Lind Avenue, SW., NPRM by submitting a request to the limits must be applied to these brake Renton, Washington 98055–4056. FAA, Transport Airplane Directorate, configurations in order to ensure their Comments may be inspected at this ANM–103, Attention: Rules Docket No. braking effectiveness. The FAA has location between 9:00 a.m. and 3:00 95–NM–227–AD, 1601 Lind Avenue, determined that airplanes equipped p.m., Monday through Friday, except SW., Renton, Washington 98055–4056. with these brake units are currently Federal holidays. Discussion subject to the same unsafe condition The service information referenced in addressed in the existing AD. On December 14, 1994, the FAA the proposed rule may be obtained from The FAA also finds that references to issued AD 94–26–05, amendment 39– Messier Services, 45635 Willow Pond certain brake part numbers that were 9101 (59 FR 65927, December 22, 1994), Plaza, Sterling, Virginia 20164; Allied specified in the existing AD must be applicable to certain Airbus Model Signal Aerospace, Technical clarified to indicate that the listing A300, A300–600, A310, and A320 series Publications, Dept. 65–70, P.O. Box refers to a ‘‘series’’of brake part airplanes, to require an inspection of 52170, Phoenix, Arizona 85072–2170; or numbers. certain landing gear brakes for wear, and BFGoodrich Company, Aircraft Additionally, the FAA has replacement if the specified wear limits Evacuation Systems, Department 7916, determined that certain service are not met. That AD also requires Phoenix, Arizona 85040. This information specified in the existing AD incorporation of the specified wear information may be examined at the must be revised to specify issuance limits into the FAA-approved FAA, Transport Airplane Directorate, dates and revision levels. maintenance inspection program. That 1601 Lind Avenue, SW., Renton, action was prompted by an accident in Type Certification of the Affected Washington. which a transport category airplane Airplanes FOR FURTHER INFORMATION CONTACT: Joe executed a rejected takeoff (RTO) and These airplane models are Jacobsen, Aerospace Engineer, was unable to stop on the runway due manufactured in France and are type Standardization Branch, ANM–113, to worn brakes, and subsequent review certificated for operation in the United FAA, Transport Airplane Directorate, of allowable brake wear limits for all States under the provisions of section 1601 Lind Avenue, SW., Renton, transport category airplanes. The 21.29 of the Federal Aviation Washington 98055–4056; telephone requirements of that AD are intended to Regulations (14 CFR 21.29) and the (206) 227–2011; fax (206) 227–1149. prevent the loss of brake effectiveness applicable bilateral airworthiness SUPPLEMENTARY INFORMATION: during a high energy RTO. agreement. Comments Invited Actions Since Issuance of Previous Rule Explanation of Requirements of Interested persons are invited to Since the issuance of that AD, the Proposed Rule participate in the making of the airplane manufacturer and one brake Since an unsafe condition has been proposed rule by submitting such unit manufacturer have advised the identified that is likely to exist or written data, views, or arguments as FAA that certain brake part numbers develop on other airplanes that are of they may desire. Communications shall and maximum brake wear information the same type design, that are equipped identify the Rules Docket number and provided to the FAA and specified in with the subject brake configurations, be submitted in triplicate to the address AD 94–26–05 was incorrect and must be and that are registered in the United specified above. All communications revised. The FAA finds that this States, the proposed AD would received on or before the closing date information must be revised in order to supersede AD 94–26–05. This proposed for comments, specified above, will be ensure that any brake worn beyond its AD would continue to require considered before taking action on the maximum wear limit is replaced with a inspection of certain landing gear brakes proposed rule. The proposals contained brake within that limit. for wear, replacement of the brakes if in this notice may be changed in light Additionally, the FAA has been certain wear limits are not met, and of the comments received. advised that some brakes that are incorporation of the specified wear Comments are specifically invited on subject to the requirements of AD 94– limits into the FAA-approved the overall regulatory, economic, 26–05 have not been removed from maintenance inspection program. environmental, and energy aspects of service. These particular brakes are Additionally, the proposed AD would:

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• Revise certain brake part numbers Required parts would cost PART 39ÐAIRWORTHINESS and maximum brake wear information approximately $2,236 per airplane. DIRECTIVES specified in the existing AD; Based on these figures, the cost impact • Require that certain wear limits that on the affected U.S. operator of the 1. The authority citation for part 39 are dependent on brake stack weight be proposed requirements of this AD is continues to read as follows: used in conjunction with appropriate estimated to be $3,136 per airplane. Authority: 49 U.S.C. 106(g), 40113, 44701. brake stack weights specified in various The cost impact figures discussed service documents; and above are based on assumptions that no § 39.13 [Amended] • Require that maximum allowable operator has yet accomplished any of brake wear limits for additional brake the current or proposed requirements of 2. Section 39.13 is amended by units be incorporated into the FAA- this AD action, and that no operator removing amendment 39–9101 (59 FR approved maintenance program. would accomplish those actions in the 65927, December 22, 1994), and by future if this AD were not adopted. adding a new airworthiness directive Cost Impact (AD), to read as follows: Regulatory Impact There are approximately 165 Model Airbus Industrie: Docket 95–NM–227–AD. A300, A300–600, A310, and A320 series The regulations proposed herein Supersedes AD 94–26–05, Amendment airplanes of U.S. registry that would be would not have substantial direct effects 39–9101. affected by this proposed AD. on the States, on the relationship Applicability: Model A300, A300–600, Incorporation of the revision of the between the national government and A310, and A320 series airplanes equipped FAA-approved maintenance inspection the States, or on the distribution of with Messier-Bugatti, BFGoodrich, Allied program, which is currently required by power and responsibilities among the Signal (ALS) Aerospace Company (Bendix), AD 94–26–05, takes approximately 20 various levels of government. Therefore, or Aircraft Braking Systems (ABS) brakes; work hours per operator (for 4 U.S. in accordance with Executive Order certificated in any category. operators) to accomplish, at an average 12612, it is determined that this Note 1: This AD applies to each airplane labor rate of $60 per work hour. Based proposal would not have sufficient identified in the preceding applicability on these figures, the cost impact on U.S. federalism implications to warrant the provision, regardless of whether it has been operators to accomplish this currently preparation of a Federalism Assessment. modified, altered, or repaired in the area required action is estimated to be For the reasons discussed above, I subject to the requirements of this AD. For certify that this proposed regulation (1) $4,800, or $1,200 per operator. airplanes that have been modified, altered, or is not a ‘‘significant regulatory action’’ The inspection currently required by repaired so that the performance of the under Executive Order 12866; (2) is not requirements of this AD is affected, the AD 94–26–05 takes approximately 15 a ‘‘significant rule’’ under the DOT owner/operator must request approval for an work hours per airplane to accomplish, Regulatory Policies and Procedures (44 alternative method of compliance in at an average labor rate of $60 per work FR 11034, February 26, 1979); and (3) if accordance with paragraph (d) of this AD. hour. The cost of required parts to promulgated, will not have a significant The request should include an assessment of accomplish the change in wear limits economic impact, positive or negative, the effect of the modification, alteration, or for these airplanes (that is, the cost on a substantial number of small entities repair on the unsafe condition addressed by resulting from the requirement to under the criteria of the Regulatory this AD; and, if the unsafe condition has not change the brakes before they are worn Flexibility Act. A copy of the draft been eliminated, the request should include to their previously approved limits for regulatory evaluation prepared for this specific proposed actions to address it. a one-time change) will be action is contained in the Rules Docket. Compliance: Required as indicated, unless approximately $2,236 per airplane. The A copy of it may be obtained by accomplished previously. FAA estimates that 46 of the 165 contacting the Rules Docket at the To prevent the loss of brake effectiveness affected airplanes of U.S. registry will be location provided under the caption during a high energy rejected takeoff (RTO), accomplish the following: required to accomplish the inspection. ADDRESSES. Based on these figures, the cost impact RESTATEMENT OF REQUIREMENTS OF on U.S. operators to accomplish the List of Subjects in 14 CFR Part 39 AD 94–26–05 currently required inspection is Air transportation, Aircraft, Aviation estimated to be $144,256, or $3,136 per (a) Within 180 days after January 23, 1995 safety, Safety. (the effective date of AD 94–26–05, airplane. The Proposed Amendment amendment 39–9101), accomplish The new actions that are proposed in paragraphs (a)(1) and (a)(2) of this AD. this AD action would affect one U.S. Accordingly, pursuant to the (1) Inspect main landing gear brakes having operator of 8 airplanes. The FAA authority delegated to me by the the brake part numbers listed in Table 1, estimates that the new actions would Administrator, the Federal Aviation below, for wear. Any brake worn more than take approximately 15 work hours per Administration proposes to amend part the maximum wear limit specified in Table airplane to accomplish, at an average 39 of the Federal Aviation Regulations 1, below, must be replaced, prior to further labor rate of $60 per work hour. (14 CFR part 39) as follows: flight, with a brake within that limit.

TABLE 1 [Airbus Industrie Model A300, A300±600, A310, and A320 Series Airplanes Equipped with Messier-Bugatti, BFGoodrich, Allied Signal (ALS) Aerospace Company (Bendix), or Aircraft Braking Systems (ABS) Brakes]

Maximum brake wear limit (inch/ Airplane model/series Brake manufacturer Brake part No. mm)

A300 B2±100 Messier-Bugatti 286349±115 0.98′′(25.0 mm). A300 B2±100 Messier-Bugatti 286349±116 0.98′′ (25.0 mm). A300 B2±100 BFGoodrich 2±1449 1.4′′ (35.6 mm). A300 B2±100 BFGoodrich 2±1449 1.1′′ (27.9 mm) S.C.* A300 B4±100 Messier-Bugatti A21329±41±7 1.1′′ (28.0 mm).

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TABLE 1ÐContinued [Airbus Industrie Model A300, A300±600, A310, and A320 Series Airplanes Equipped with Messier-Bugatti, BFGoodrich, Allied Signal (ALS) Aerospace Company (Bendix), or Aircraft Braking Systems (ABS) Brakes]

Maximum brake wear limit (inch/ Airplane model/series Brake manufacturer Brake part No. mm)

A300 B4±100 Messier-Bugatti A21329±41±17 1.1′′ (28.0 mm). A300 B4±100 ALS (Bendix) 2606802±3/±4/±5 0.9′′ (22.9 mm). A300 B4±100 ALS (Bendix) 2606802±3/±4/±5 1.48′′ (37.6 mm) S.C.* A300 B4±100 BFGoodrich 2±1449 1.4′′ (35.6 mm). A300 B4±100 BFGoodrich 2±1449 1.1′′ (27.9 mm) S.C.* A300 B4±200 Messier-Bugatti C20060±100 1.1′′ (28.0 mm). and A300±600 A300±600 ALS (Bendix) 2607932±1 0.9′′ (22.9 mm). A300±600 ALS (Bendix) 2607932±1 1.48′′ (37.6 mm) S.C.* A300 B4±600R Messier-Bugatti C20210000 1.97′′ (50.0 mm). A300 B4±600R Messier-Bugatti C20210200 1.97′′ (50.0 mm). A310±200 Messier-Bugatti C20089000 1.1′′ (28.0 mm). A310±200 ALS (Bendix) 2606822±1 1.26′′ (32.0 mm). A310±200 ALS (Bendix) 2606822±1 1.5′′ (38.2 mm) S.C.* A310±300 Messier-Bugatti C20194000 1.97′′ (50.0 mm). A310±300 Messier-Bugatti C20194200 1.97′′ (50.0 mm). A310±300 ABS 5010995 1.97′′ (50.0 mm). A320 Messier-Bugatti C20225000 1.97′′ (50.0 mm). A320 Messier-Bugatti C20225200 1.97′′ (50.0 mm). A320 BFGoodrich 2±1526±2 1.97′′ (50.0 mm). A320 BFGoodrich 2±1526±3/±4 2.68′′ (68.0 mm). * S.C. represents ``Service Configured'' brakes, which are marked according to the instructions provided in the brake manufacturer's Compo- nent Maintenance Manual (CMM). Note 2: Measuring instructions that must be revised to accommodate the new brake wear limits specified in Table 1, above, can be found in Chapter 32–42–27 of the Airplane Maintenance Manual (AMM), in Chapter 32–32–( ) or 32–44–( ) of the brake manufacturer’s CMM, or in certain service bulletins (SB), as listed in Table 2, below:

TABLE 2

Brake manufacturer Part No. Document/chapter Date/revision (or later revisions)

FOR MODEL A300 B2±100 SERIES AIRPLANES: Messier-Bugatti 286349±115 CMM 32±42±27 April 1991. Messier-Bugatti 286349±116 CMM 32±42±27 April 1991. BFGoodrich 2±1449 and S.C.* CMM 32±44±37 January 1993. SB 567 (2±1449±32±4) January 30, 1993. FOR MODEL A300 B4±100 SERIES AIRPLANES: ALS (Bendix) 2606802±3 CMM 32±42±02 September 1993. 2606802±4 SB 2606802±32±003 March 31, 1993. 2606802±5 and S.C.* BFGoodrich 2±1449 and S.C.* CMM 32±44±37 January 1993. SB 567 (2±1449±32±4) January 30, 1993. FOR MODEL A300 B4±200 AND A300±600 SERIES AIRPLANES: ALS (Bendix) 2607932±1 and S.C.* CMM 32±42±27 September 1993. SB 2607932±32±002 March 31,1993 and Revision 1/ October 1, 1993. FOR MODEL A300 B4±600R SERIES AIRPLANES: Messier-Bugatti C20210000 Airbus SB 470±32±675 April 6, 1990. and C20210200 FOR MODEL A310±200 SERIES AIRPLANES: ALS (Bendix) 2606822±1 & S.C.* CMM 32±42±03 September 1993. SB 2606822±32±002 March 31, 1993. FOR MODEL A310±300 SERIES AIRPLANES: Messier-Bugatti C20225000 Airbus SB 470±32±675 April 6, 1990. and C20225200 * S.C. represents ``Service Configured'' brakes, which are marked according to the instructions provided in the brake manufacturer's CMM. (2) Incorporate into the FAA-approved maintenance inspection program the maximum brake wear limits specified in paragraph (a)(1) of this AD. Note 3: Once an operator has complied with the requirements of paragraphs (a)(1) and (a)(2) of this AD, those paragraphs do not require that operators subsequently record accomplishment of those requirements each time a brake is inspected or overhauled in accordance with that operator’s FAA-approved maintenance inspection program.

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NEW REQUIREMENTS OF THIS AD (b) Within 90 days after the effective date of this AD, revise the FAA-approved maintenance program to include the requirements of paragraphs (b)(1), (b)(2), (b)(3), and (b)(4) of this AD. Accomplishment of these requirements terminates the requirements of paragraph (a) of this AD. (1) Incorporate the maximum wear pin limits specified in Table 3 of this AD into the FAA-approved maintenance program. (2) Comply with those measurements thereafter. (3) Measure the brake wear in accordance with Chapter 32–42–27 of the AMM, with Chapter 32–32–( ) of the brake manufacturer’s CMM, or with certain service bulletins (SB), as listed in Table 4, below. Brake wear limits specified in Table 3, below, that are identified in the service information specified in Table 4, below, as being dependent on brake stack weights shall be used in conjunction with the brake stack weights specified in that service information. (4) If any brake has measured wear beyond the maximum wear limits specified in Table 3 of this AD, prior to further flight, replace it with a brake that is within the wear limits specified in Table 3.

TABLE 3 Airbus Industrie Model A300, A300±600, A310, and A320 Series Airplanes Equipped with Messier-Bugatti, BFGoodrich, Allied Signal (ALS) Aerospace Company (Bendix), or Aircraft Braking Systems (ABS) Brakes

Maximum brake wear limit (inch/ Airplane model/series Brake manufacturer Brake part No. mm)

A300 B2±100 Messier-Bugatti 286349±115 0.98′′ (25.0 mm). A300 B2±100 Messier-Bugatti 286349±116 0.98′′ (25.0 mm). A300 B2±100 BFGoodrich 2±1449 1.4′′ (35.6 mm). A300 B2±100 BFGoodrich 2±1449 1.1′′ (27.9 mm) S.C.* A300 B4±100 Messier-Bugatti A21329±41±7 1.1′′ (28.0 mm). A300 B4±100 Messier-Bugatti A21329±41±17 1.1′′ (28.0 mm). A300 B4±100/±200 ALS (Bendix) 2606802±3/±4/±5 0.9′′ (22.9 mm). A300 B4±100/±200 ALS (Bendix) 2606802±3/±4/±5 1.48′′ (37.6 mm) S.C.* A300±B4±100 BFGoodrich 2±1449 1.4′′ (35.6 mm). A300±B4±100 BFGoodrich 2±1449 1.1′′ (27.9 mm) S.C.* A300±600 Messier-Bugatti C20060±100 Series 1.1′′ (28.0 mm). A300±600 ALS (Bendix) 2607932±1 0.9′′ (22.9 mm). A300±600 ALS (Bendix) 2607932±1 1.48′′ (37.6 mm) S.C.* A300 B4±600R Messier-Bugatti C20210000 Series 1.97′′ (50.0 mm). A300 B4±600R Messier-Bugatti C20210200 Series 1.97′′ (50.0 mm). A310±200 Messier-Bugatti C20089000 Series 1.1′′ (28.0 mm). A310±200 ALS (Bendix) 2606822±1 1.26′′ (32.0 mm). A310±200 ALS (Bendix) 2606822±1 1.5′′ (38.2 mm) S.C.* A310±300 Messier-Bugatti C20194000 Series 1.97′′ (50.0 mm). A310±300 Messier-Bugatti C20194200 Series 1.97′′ (50.0 mm). A310±300 ABS 5010995 2.22′′ (56.39 mm). A320 Messier-Bugatti C20225000 Series 1.97′′ (50.0 mm). A320 Messier-Bugatti C20225200 Series 1.97′′ (50.0 mm). A320 BFGoodrich 2±1526 1.97′′ (50.0 mm). A320 BFGoodrich 2±1526±2 1.97′′ (50.0 mm). A320 BFGoodrich 2±1526±5 1.97′′ (50.0 mm). A320 BFGoodrich 2±1526±3/±4 2.68′′ (68.0 mm). A320 BFGoodrich 2±1572 2.68′′ (68.0 mm). A320 ABS 5011075 2.14′′ (54.36 mm). * S.C. represents ``Service Configured'' brakes, which are marked according to the instructions provided in the brake manufacturer's CMM.

TABLE 4

Brake manufacturer Part No. Document/chapter Date/revision (or later revisions)

FOR MODEL A300 B2±100 SERIES AIRPLANES: Messier-Bugatti 286349±115 CMM 32±42±27 April 30, 1991. Messier-Bugatti 286349±116 CMM 32±42±27 April 30, 1991. BFGoodrich 2±1449 and S.C.* CMM 32±44±37 January 30, 1993. SB 567 (2±1449±32±4) January 30,1993. FOR MODEL A300 B4±100 SERIES AIRPLANES: Messier-Bugatti A21329±41±17 CMM 32±44±37 January 30, 1993. ALS (Bendix) 2606802±3 CMM 32±42±02 Revision 7/April 30, 1995. 2606802±4 SB 2606802±32±003 March 31, 1993, and 2606802±5 and S.C.* Revision 1/October 1, 1993. BFGoodrich 2±1449 and S.C.* CMM 32±44±37 January 30, 1993. SB 567 (2±1449±32±4) January 30, 1993. FOR MODEL A300 B4±200 SERIES AIRPLANES: Messier-Bugatti C20060±100 Series CMM 32±44±24 December 31, 1991. ALS (Bendix) 2606802±3 CMM 32±42±02 Revision 7/April 30, 1995. 2606802±4 SB 2606802±32±003 March 31, 1993, and 2606802±5 and S.C.* Revision 1/October 1, 1993.

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TABLE 4ÐContinued

Brake manufacturer Part No. Document/chapter Date/revision (or later revisions)

FOR MODEL A300±600 SERIES AIRPLANES: Messier-Bugatti C20060±100 Series CMM 32±44±24 December 31, 1991. ALS (Bendix) 2607932±1 and S.C.* CMM 32±42±05 Revision 4/February 15,1992. SB 2607932±32-002 March 31,1993, and SB 2607932±32±003 Revision 1/October 1, 1993. May 31, 1995. FOR MODEL A300 B4±600R SERIES AIRPLANES: Messier-Bugatti C20210000 CMM 32±44±51 August 31, 1994. and SB 470±32±675 Revision 1/ C20210200 Series September 26, 1994. FOR MODEL A310±200 SERIES AIRPLANES: Messier-Bugatti C20089000 Series CMM 32±46±23 January 31, 1992. ALS (Bendix) 2606822±1 and S.C. CMM 32±42±03 Revision 5/ January 31, 1991. SB 2606822±32±002 March 31, 1993. FOR MODEL A310±300 SERIES AIRPLANES: Messier-Bugatti C20194000 and CMM 32±46±37 August 31, 1994. C20194200 Series SB 470±32±675 Revision 1/ September 26, 1994. ABS 5010995 CMM 32±43±97 February 28, 1991. FOR MODEL A320 SERIES AIRPLANES: Messier-Bugatti C20225000 and CMM 32±47±20 January 31, 1995. C20225200 Series SB 580±32±3042 Revision 1/June 30, 1995. BFGoodrich 2±1526/±2/±5 CMM 32±44±38 March 15, 1993. 2±1526±3/±4 CMM 32±44±38 March 15, 1993. 2±1572 CMM 32±41±63 April 29, 1994. ABS 5011075 CMM 32±41±18 February 28, 1991. * S.C. represents ``Service Configured'' brakes, which are marked according to the instructions provided in the brake manufacturer's CMM. NOTE 4: Once an operator has complied with the requirement of paragraph (b) of this AD, that paragraph does not require that the operator subsequently record accomplishment of those requirements each time a brake is inspected or overhauled in accordance with that operator’s FAA-approved maintenance inspection program. (c) Prior to installation of any brake having a part number other than those specified in Table 3 of this AD, revise the FAA- approved maintenance program to include the provisions specified in paragraph (b) of this AD for that part number brake, that have been approved by the Manager, Standardization Branch, ANM–113, FAA, Transport Airplane Directorate. (d) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Standardization Branch, ANM–113. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Standardization Branch, ANM– 113. Note 5: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Standardization Branch, ANM–113. (e) Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished. Issued in Renton, Washington, on June 6, 1996. James V. Devany, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 96–14988 Filed 6–12–96; 8:45 am] BILLING CODE 4910±13±U

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DEPARTMENT OF HEALTH AND containing aspirin, buffered aspirin, and (1.5 million units (MU)) and 8,595 HUMAN SERVICES aspirin in combination with an antacid received an intravenous placebo for certain cardiovascular and (hepatitis-B-antigen-free albumin). Food and Drug Administration cerebrovascular uses to: (1) Reduce the Streptokinase or placebo was risk of death and/or nonfatal MI in intravenously infused over about 1 hour 21 CFR Part 343 patients with a previous infarction or in 50 to 200 milliliters of physiological [Docket No. 77N±094A] unstable angina pectoris, and (2) reduce saline. Of the subjects, 8,587 were also the risk of recurrent transient ischemic allocated randomly to receive oral RIN 0910±AA01 attacks (TIA’s) or stroke in men who aspirin (162.5 milligrams (mg), enteric- Internal Analgesic, Antipyretic, and have had transient ischemia of the brain coated) daily for 1 month (the first dose Antirheumatic Drug Products for Over- due to fibrin platelet emboli. crushed, sucked, or chewed), and 8,600 received oral placebo (enteric-coated the-Counter Human Use; Proposed The agency has received two citizen starch tablets). Thus, within 24 hours of Amendment to the Tentative Final petitions (Refs. 1 and 2), submitted in the onset of symptoms, 4,300 subjects Monograph accord with § 10.30 (21 CFR 10.30), requesting that the professional labeling received streptokinase plus oral AGENCY: Food and Drug Administration, section of the monograph for OTC placebo, 4,295 received aspirin plus HHS. internal analgesic, antipyretic, and placebo infusion, 4,292 received both ACTION: Notice of proposed rulemaking. antirheumatic drug products be active treatments, and 4,300 received amended to include an indication for double placebo. Subjects in whom acute SUMMARY: The Food and Drug the use of aspirin in treating acute MI. MI was suspected but not confirmed Administration (FDA) is proposing to One petition included reports of four were eligible for the study if they were amend the tentative final monograph for studies to support this indication. The entered within 24 hours of the onset of over-the-counter (OTC) internal petitions are on public display in the symptoms and had no clear indication analgesic, antipyretic, and Dockets Management Branch (address for, or contraindication to, streptokinase antirheumatic drug products to include above). or aspirin. Subjects from 417 hospitals the use of aspirin, buffered aspirin, and FDA has reviewed the information in in 16 countries were included in the aspirin in combination with antacid to the petitions and finds that it supports study. Information collected and reduce the risk of vascular mortality in the safety and effectiveness of aspirin, recorded prior to randomization people with a suspected acute buffered aspirin, or aspirin in included patient identifiers, age, myocardial infarction (MI). This combination with antacid to reduce the systolic blood pressure, hours from proposal is in response to two citizen risk of vascular mortality in patients onset of pain, aspirin use in the week petitions and is part of the ongoing with a suspected acute MI. Therefore, prior to admission, and details review of OTC drug products conducted the agency is proposing to amend the concerning the planned treatment. by FDA. professional labeling in § 343.80 of the Ancillary treatment (including treatment with aspirin) was not DATES: Submit written comments by 1988 TFM for OTC internal analgesic restricted. Electrocardiogram (ECG) September 11, 1996. Written comments drug products to include information on results were not used as a basis for on the agency’s economic impact aspirin, buffered aspirin, or aspirin in randomization. Once enrolled, subjects determination by September 11, 1996. combination with antacid for this remained in the assigned treatment The agency is proposing that any final indication. Final agency action on this group for an intent-to-treat analysis of rule that may issue based on this proposal will occur in a future issue of the Federal Register. results. proposal be effective 12 months after the An ECG done prerandomization was date of its publication in the Federal II. The Citizen Petitions submitted along with information on Register. compliance with the study treatment, ADDRESSES: Written comments to the A. The Agency’s Evaluation of the Citizen Petitions other drug use, and adverse events. Dockets Management Branch (HFA– Observers blind to the treatment 305), Food and Drug Administration, One citizen petition (Ref. 1) included assignment read the ECG’s and reviewed 12420 Parklawn Dr., rm. 1–23, reports of four clinical trials conducted the deaths. Causes of death were Rockville, MD 20857. to evaluate the safety and effectiveness categorized as ‘‘vascular’’ or FOR FURTHER INFORMATION CONTACT: of aspirin in treating acute MI (Refs. 3 ‘‘nonvascular.’’ The protocol defined William E. Gilbertson, Center for Drug through 6). The petition cited the vascular deaths as those attributed to Evaluation and Research (HFD–105), results of the Second International cardiac, cerebral, hemorrhagic, other Food and Drug Administration, 5600 Study of Infarct Survival (ISIS–2) (Ref. vascular, or unknown causes. Further Fishers Lane, Rockville, MD 20857, 3) as primary support for the safety and details of reports of stroke were 301–827–2304. effectiveness of aspirin in the treatment collected for blinded review by a SUPPLEMENTARY INFORMATION: of acute MI to reduce the risk of fatal neurologist. and nonfatal cardiovascular and Three primary analyses were I. Introduction cerebrovascular events. conducted to assess the following In the Federal Register of November The ISIS–2 study was undertaken effects: (1) Streptokinase on vascular 16, 1988 (53 FR 46204), the agency after a pilot study (Ref. 7) of 619 mortality during the first 35 days, (2) published a tentative final monograph subjects suggested that aspirin was streptokinase on vascular mortality (TFM) to establish conditions under effective in reducing the incidence of during the entire study period (a median which OTC internal analgesic, nonfatal reinfarction, death, and stroke followup of 15 months), and (3) oral antipyretic, and antirheumatic drug in subjects with suspected acute MI. daily aspirin on vascular mortality products are generally recognized as The ISIS–2 study was a 2 x 2 factorial during the first 35 days. The effects of safe and effective and not misbranded study of 17,187 subjects (both men and allocated treatment on clinical events (hereinafter referred to as the 1988 women) with suspected acute MI, (reinfarction, cardiac rupture, cardiac TFM). The 1988 TFM included randomized so that 8,592 subjects arrest, bleeding, and stroke) and on professional labeling for drug products received a single dose of streptokinase nonvascular mortality were also

VerDate 29-MAY-96 21:54 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\P13JN2.PT1 13jnp1 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules 30003 evaluated. Although not specified in the 8,587 subjects randomized to receive median followup. One nonvascular protocol, subgroup analysis on vascular oral aspirin, and 1,016 (11.8 percent) death occurred before 5 weeks, and 24 mortality in days 0 to 35 was performed vascular deaths in the 8,600 subjects deaths occurred after 5 weeks in the for certain parameters, such as age, randomized to placebo. These results aspirin group, compared to 7 and 32, gender, diabetes, and systolic blood represent an absolute reduction of 2.4 respectively, in the placebo group. Total pressure. percent in the mean 35-day vascular mortality (vascular plus nonvascular) Results were presented as absolute mortality attributable to aspirin and a was reduced at both 35 days (9.4 changes and as changes in the odds of highly significant (23 percent) reduction percent versus 11.9 percent, odds ratio death. The report states: ‘‘* * * a change in the odds of vascular death (2p < 0.77) and after 15 months median from 10 percent dead (odds 10/90) to 8 0.00001, confidence interval 15 to 30 followup (16.0 percent versus 18.1 percent dead (odds 8/92) involves an percent). Although not an endpoint percent odds ratio 0.87) for the aspirin odds ratio of 8/92 divided by 10/90, or specified in the protocol, an effect of group and placebo group). The 0.78, and is therefore described as a 22 aspirin was still present after the reduction in all-cause mortality was percent reduction in the odds of death median 15-month followup was highly significant (2p < 0.001) at both (rather than as a 20 percent reduction in completed, with a total reduction of times. the risk of death).’’ (A change from 10 early and late vascular mortality of 1.9 The beneficial effects of aspirin on percent dead (risk 10/100) to 8 percent percent, highly significant (2p < 0.001). vascular mortality in days 0 to 35 was found to be independent of dead (risk 8/100) would represent a 20 The number of nonvascular deaths in streptokinase infusion. (See Table 1.) percent reduction in risk of death.) subjects allocated to receive aspirin was During the first 35 days, there were not significantly different from subjects TABLE 1.ÐBENEFICIAL EFFECTS OF ASPIRIN ON 804 (9.4 percent) vascular deaths in the receiving placebo for the 15-month VASCULAR MORTALITY IN DAYS 0 TO 35

Percent Percent Treatment1 Tablet/Infusion Vascular Deaths/No. of Subjects Percent Absolute Reduction in Change Odds of Death

A/S+A/P 804/8,5872 9.4 vs P/S+P/P 1,016/8,6003 11.8 -2.4 23 (2p<0.00001)

A/P 461/4,295 10.7 vs P/P 568/4,300 13.2 -2.5 21 (2p<0.001)

A/S 343/4,292 8.0 vs P/S 448/4,300 10.4 -2.4 25 (2p<0.001)

A/S 343/4,292 8.0 vs P/P 568/4,300 13.2 -5.2 42 (2p<0.00001)

A/S 343/4,292 8.0 vs A/P 461/4,295 10.7 -2.7 28 (2p<0.0001)

P/S 448/4,300 10.4 vs P/P 568/4,300 13.2 -2.8 23 (2p<0.0001)

A/S+P/S 791/8,5924 9.2 vs A/P+P/P 1,029/8,5955 12.0 -2.8 25 (2p<0.00001) 1 A=aspirin, S=streptokinase, and P=placebo. 2 Inludes 4,295 allocated aspirin tablets + placebo infusion and 4,292 allocated aspirin tablets + streptokinase infusion. 3 Includes 4,300 allocated placebo tablets + placebo infusion and 4,300 allocated placebo tablets + streptokinase infusion. 4Includes 4,292 allocated aspirin tablets + placebo infusion and 4,300 allocated streptokinase infusion + placebo tablets. 5Includes 4,295 allocated aspirin tablets + placebo infusion and 4,300 allocated placebo tablets + placebo infusion.

Each subject received one tablet and percent (SD 6) in people given a placebo plus streptokinase was approximately one infusion (e.g., each subject was infusion (2p < 0.001). Thus, aspirin was additive. The 35-day vascular mortality allocated either a single active effective in reducing mortality both in of the group that received aspirin plus ingredient plus placebo, both active the presence and absence of streptokinase was 8 percent compared ingredients, or two placebos). Aspirin streptokinase. to 13.2 percent for the double-placebo reduced the odds of death within 35 Similarly, there were significantly group. These results represent an days by 25 percent (standard deviation fewer deaths in the streptokinase group absolute reduction of 5.2 percent and a (SD) 6) in people who were also given compared to the placebo both in the 42-percent reduction in odds of death in presence and absence of aspirin. The streptokinase infusion, and by 21 effect of the combined therapy of aspirin

VerDate 29-MAY-96 21:54 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\P13JN2.PT1 13jnp1 30004 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules the aspirin plus streptokinase group (2p stroke (0.4 percent absolute reduction, of aspirin plus streptokinase compared < 0.00001). 41.5 percent odds reduction, 2p < 0.01). to double placebo for specific clinical When specific clinical events (fatal Moreover, the effect of aspirin over and events were 1.1 percent in reinfarction, plus nonfatal) that occurred in the above its effect on mortality was 2.5 percent in cardiac arrest, and 0.5 hospital were evaluated separately, evidenced by small, but significant, percent (2p = 0.02) in total stroke. The statistically significant absolute reductions in vascular morbidity in effects of aspirin and aspirin in reductions favoring aspirin were found those subjects who were discharged. combination with streptokinase on for reinfarction (1.5 percent absolute The combination of streptokinase major clinical events that occurred in a reduction, 45 percent odds reduction, infusion and daily aspirin was hospital is shown in Table 2. 2p < 0.00001), cardiac arrest (1.2 significantly better than either active TABLE 2.ÐEFFECTS OF ASPIRIN AND ASPIRIN percent absolute reduction, 14.2 percent treatment alone for vascular mortality PLUS STREPTOKINASE ON MAJOR CLINICAL odds reduction, 2p < 0.01), and total (See Table 1). The differences in favor EVENTS IN HOSPITAL

Aspirin Aspirin plus Streptokinase Percent Placebo Percent Asprin Tablets Placebo Absolute Aspirin and Infusion and Absolute Tablets Change Streptokinase Tablet Change

Number randomized 8,587 8,600 4,292 4,300 Number discharged alive 8,492 8,489 4,239 4,238 Reinfarction (any) 156 284 1.5 77 123 1.1 (any discharged alive) 83 170 1.0 46 61 0.4 Cardiac rupture (any) 69 81 0.1 31 38 0.2 (any discharged alive) 7 5 0.0 2 1 0.0 Cardiac arrest (any) 690 793 1.2 311 417 2.5 (any discharged alive) 259 289 0.4 133 129 -0.1 Stroke (any) 47 81 0.4 25 45 0.5 (fatal) 20 30 0.1 12 18 0.1 (disabled) 17 23 0.1 9 15 0.1 (not disabled) 10 28 0.2 4 12 0.2 (hemorrhagic) 5 2 0.0 5 0 -0.1 (any discharged alive) 27 51 0.3 13 27 0.3 Major bleeds (transfused) 31 33 0.0 24 11 -0.3 Minor bleeds (not transfused) 215 163 -0.6 167 33 -3.2

Subgroup analysis was done for 35- years old (1,718 on aspirin versus 1,693 Aspirin produced similar-sized day vascular mortality for 3,945 women on placebo) appeared to have the reductions in vascular mortality among assigned to either aspirin (1,994) or oral greatest (4.7 percent) absolute reduction subjects treated early and treated late placebo (1,951), and for 13,125 men in vascular death. The relative risk after the onset of symptoms (odds assigned to aspirin (6,540) or oral reduction in subjects over 70 years old reductions at 0 to 4, 5 to 12, and 13 to placebo (6,585). Vascular mortality was was 21 percent for those who received 24 hours were 25 percent, 21 percent, higher in women than men in both the aspirin. and 21 percent, respectively). The placebo and the aspirin group, but the However, the agency agrees with the effects of streptokinase appeared to be absolute reduction of risk of vascular investigators’ conclusion that more greatest among those treated earliest. death was 2.6 percent for women and weight should be placed on the overall When comparing subjects who received 2.4 percent for men, representing a 19 results than on any particular subgroup both aspirin and streptokinase to percent (p = 0.018) odds reduction for of people. The agency has determined subjects who received double placebo, women and a 25 percent (p < 0.0001) that the evidence is insufficient at the odds of death were more reduced odds reduction for men. These data present to validate efficacy results in among those subjects randomized 0 to 4 suggest that beneficial effects of aspirin particular subsets of patients with hours (53 percent odds reduction; 2p < may be expected in treating both men suspected acute MI. 0.00001) after the onset of pain than and women for an acute MI. The principal entry criterion for those randomized later: 5 to 12 hours Subgroup analyses suggest that all age subjects in the ISIS–2 study was that the (32 percent odds reduction; 2p < groups analyzed benefited from aspirin. responsible physician suspected acute 0.0001), and 13 to 24 hours (38 percent There were 1 percent fewer vascular MI based on clinical presentation. The odds reduction; 2p < 0.01). deaths recorded for 3,870 subjects under protocol did not require that MI be The aspirin regimen was well 60 years of age who received aspirin documented in those entering the study. tolerated. There was no difference in the than for 3,850 subjects who received The agency notes that the only incidence of major bleeding (bleeds oral placebo (18 percent relative risk preliminary indications of an MI are requiring transfusion) between the two reduction). In subjects 60 to 69 years chest pain and changes in the ECG. The groups (0.4 percent for aspirin; 0.4 old, 3.1 percent fewer vascular deaths report did not indicate how many of the percent for placebo). There was a small were recorded for 2,999 subjects who subjects actually had an acute MI. In a but statistically significant 0.6 percent received aspirin than for 3,057 subjects retrospective analysis, about 98 percent (SD = 0.2, 2p < 0.01) increase in minor who received placebo (22 percent of the subjects admitted to the study had bleeding in people taking aspirin relative risk reduction). Subjects over 70 some ECG abnormality. compared to placebo (2.5 versus 1.9

VerDate 29-MAY-96 21:54 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\P13JN2.PT1 13jnp1 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules 30005 percent). No other significant adverse by initial simultaneous treatment with versus 35 days). Only subjects with effects were reported. Although there heparin. early signs of first anterior wall were five confirmed cerebral A few side effects were reported with infarction were eligible for entry in the hemorrhages in the aspirin group the daily aspirin dose used in this third study, while in the ISIS–2 study compared with two in the placebo study, although details were not subjects with only ‘‘suspected acute MI’’ group, this difference was not provided. Hematological side effects were eligible. The more stringent entry statistically significant. As discussed were reported to be rare and minor. criteria and the longer followup period above, the incidence of stroke of any Gastrointestinal side effects were similar may account for the higher incidence of cause was lower in subjects taking in the aspirin and placebo groups at 1 reinfarction in the control group and the aspirin when compared to those on oral month, but were more frequent with significant effect of aspirin on placebo (47 versus 81), a 0.4 percent aspirin (5.2 percent to 6.5 percent) than reinfarction in the third study. A absolute reduction and a 41.5 percent with placebo (0.7 percent to 1.9 percent) detailed report of this study was not reduction in odds of stroke (2p < 0.01) at 3 months. submitted to the agency. Based on the in subjects taking aspirin. This study primarily involved the use information provided, this study The second study (Ref. 4) was a study of aspirin in subjects with unstable provides little additional evidence of of low dose aspirin (75 mg daily) and angina. The agency has already accepted the effectiveness of aspirin in treating intravenous heparin in 945 men with the benefits of aspirin in unstable acute MI. unstable coronary artery disease, angina and has included that indication The fourth study (Ref. 6) was an defined as non-Q-wave MI or increasing in § 343.80(c). uncontrolled study to evaluate infarct The third study (Ref. 5) compared the angina within the previous 4 weeks vessel patency in subjects started on effect of aspirin (100 mg daily) to associated with ischemia (deficiency of both aspirin (325 mg/day) and placebo for 3 months on infarct size, oxygen supply to the heart muscle, due dipyridamole (75 mg/day) after death, reinfarction, unstable angina, and to the constriction or obstruction of a thrombolytic therapy with revascularization in 100 subjects with blood vessel) in a resting ECG or during streptokinase. In the absence of a early symptoms of first anterior wall a predischarge exercise test. The control group, the study cannot provide acute MI. All subjects also received subjects were randomized within 72 any information on the effectiveness of subcutaneous heparin until they were aspirin in treating acute MI. hours after admission to coronary care mobilized. In addition, those subjects units to receive bolus intravenous who were less than 70 years of age and The second petition (Ref. 2) also injections of heparin (10,000 units 4 had symptoms for less than 4 hours requested the agency to approve times a day for 1 day and 7,500 units 4 when recruited (24 subjects on aspirin professional labeling for aspirin for times a day for 4 additional days) or and 26 subjects on placebo) also prevention of fatal and nonfatal placebo (saline) for 5 days, and oral received thrombolysis therapy cardiovascular events in patients with aspirin (75 mg daily) or placebo for 1 (intravenous streptokinase). The study suspected acute MI. The petition year. The study was stopped early after was randomized for aspirin but not for requested approval of an initial dose of publication of the ISIS–2 study. As a thrombolysis. ‘‘at least 162 mg aspirin’’ during the 24 result, the minimum period of The primary endpoint was infarct size hours following acute MI, with randomized treatment was reduced to 3 in the first 72 hours. The size of the continued treatment for at least the months. A detailed report of this study infarct was determined by the subsequent 30-day followup period at has not been submitted to the agency for cumulative release of serum lactate the minimum dose of 162 mg/day. The review. dehydrogenase (LDH) in the first 72 petition relied primarily on the results One hundred and forty-nine subjects hours. Secondary endpoints were death, of ISIS–2 (Ref. 3) to support the labeling were excluded from the study (115 with reinfarction, unstable angina, and claim. Data from that study are no evidence of myocardial ischemia revascularization. The results showed a summarized above. after an exercise test, and 34 with an 10 percent difference in infarct size In addition to ISIS–2, the petition anterior Q-wave MI before recruitment). (1,431 ± 782 versus 1,592 ± 1,082 LDH included results of four published The remaining 796 subjects were units per liter) for the aspirin versus efficacy studies of aspirin in acute MI randomized to either double placebo placebo group. This difference was not (Refs. 5, 7, 8, and 9). The study by (199), heparin and aspirin (210), aspirin statistically significant (p = 0.35). Of the Verheugt et al. (Ref. 5) was also and placebo (189), or heparin and secondary endpoints evaluated, only submitted in the first petition and is placebo (198). reinfarction was significantly lower in discussed above. The combined rate of MI or death in the aspirin than the placebo group (4 In the ISIS–2 pilot study (Ref. 7), there subjects on aspirin (aspirin with placebo percent versus 18 percent, p < 0.03) at was a nonsignificant reduction in and aspirin with heparin) was 9.1 3 months. Mortality rate was 20 percent nonfatal reinfarction in 313 subjects percent and 10.6 percent lower at 1 and in subjects given aspirin compared to 24 who received 325 mg aspirin on 3 months, respectively, than the percent in those given placebo. This alternate days compared with 306 combined rate for subjects receiving difference was not statistically subjects who received placebo. In- placebo (double placebo or placebo with significant (p = 0.65). hospital death (all causes) was reported heparin), a risk reduction of 68 percent The significant reduction in incidence to be significantly lower in the aspirin- at 1 month (p = 0.0001) and 62 percent of reinfarction in this study is surprising treated group. Postdischarge death was at 3 months (p = 0.0001). Heparin alone because of the small size of the study reported at a similar rate in both the did not appear to affect the rate of death and may depend on an atypical aspirin and placebo subjects. or MI. However, the combination of incidence of reinfarction in the control Elwood and Williams (Ref. 8) found heparin and aspirin was the only group (18 percent at 3 months). This no evidence of reduced mortality in regimen that significantly reduced the was much higher than in the control males or females evaluated up to 28 risk of MI during the first 5 days in the group of the ISIS–2 study days after a single 300 mg dose of hospital. Thus, the authors suggested (approximately 3 percent at 35 days). aspirin. Aspirin or placebo was that reduction of events in the aspirin Followup for this third study was longer administered to 2,530 subjects, upon treated group may have been influenced than for the ISIS–2 study (3 months first suspicion of acute MI. Analysis was

VerDate 29-MAY-96 21:54 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\P13JN2.PT1 13jnp1 30006 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules confined to 1,705 subjects in whom acute and subacute MI setting, but do ‘‘Suspected Acute MI,’’ under the acute MI was subsequently confirmed. not provide substantial support for headings ‘‘Indications,’’ ‘‘Clinical Husted et al. (Ref. 9) compared aspirin ISIS–2. While the dosage in the ISIS–2 Trials,’’ and ‘‘Dosage and 100 mg/day, aspirin 1,000 mg/day, and study was 162.5 mg enteric-coated Administration;’’ revise the text under placebo in 293 subjects with suspected aspirin daily, the agency believes one- ‘‘Gastrointestinal Reactions’’ and change acute MI. An intent-to-treat analysis half of a conventional 325-mg tablet or from 300 mg aspirin to 160 mg aspirin showed no significant difference two 80- or 81-mg tablets are also daily the dosage level at which subjects between groups. A significant benefit of reasonable doses (i.e., a range of 160 to should have biochemical measurements 100 mg/day (but not 1,000 mg/day) on 162.5 mg). assessed; add a subheading, ‘‘Bleeding,’’ the combined incidence of cardiac death In the 1988 TFM (53 FR 46204 at under the heading ‘‘Adverse Reactions’’ and nonfatal MI was found when 46229 and 46231), the agency proposed (after ‘‘Gastrointestinal Reactions’’); subjects who withdrew from the study (in § 343.20(b)(3)) that aspirin, buffered renumber existing reference (8) as were excluded from the analysis. No aspirin, and aspirin in combination with reference (9); and add a new reference conclusions were drawn as to the antacids are effective to treat patients (8). reasons for the difference in effect with TIA, a previous MI, or unstable between a 100 mg and 1,000 mg daily angina pectoris. That proposal was IV. References dose. based on recommendations of the The following references are on The agency received additional Peripheral and Central Nervous System display in the Dockets Management comments that raised other issues Drugs Advisory Committee, the agency’s Branch (address above) and may be seen related to professional labeling of review of data submitted to show that by interested persons between 9 a.m. aspirin for cardiovascular use. Those buffered aspirin would be expected to and 4 p.m., Monday through Friday. issues will be addressed in a future have similar effects, and on the data (1) Comment No. CP9, Docket No. 77N– issue of the Federal Register. from an unstable angina trial that used 0094, Dockets Management Branch. (2) Comment No. CP10, Docket No 77N– B. Summary of the Agency’s Evaluation a highly buffered aspirin solution. Based on those data, the agency is proposing 0094, Dockets Management Branch. The agency has determined that the that aspirin, buffered aspirin, or aspirin (3) ISIS–2 (Second International Study of ISIS–2 study (Ref. 3) supports the use of Infarct Survival) Collaborative Group, in combination with an antacid may be ‘‘Randomized Trial of Intravenous aspirin at a dose of 162.5 mg/day, used to treat patients with a suspected started as soon as possible after an Streptokinase, Oral Aspirin, Both, or Neither acute MI. After the 30-day Among 17,187 Cases of Suspected Acute infarction and continued for at least 30 recommended treatment with aspirin for Myocardial Infarction: ISIS–-2,’’ Lancet, days to reduce the risk of fatal and acute MI, physicians should consider 2:349–360, 1988. nonfatal cardiovascular and further therapy based on the labeling for (4) RISC Group, ‘‘Risk of Myocardial cerebrovascular events in subjects with dosage and administration of aspirin for Infarction and Death During Treatment with a suspected acute MI. The study also prevention of recurrent MI Low Dose Aspirin and Intravenous Heparin shows that the effect of aspirin is not (reinfarction). in Men with Unstable Coronary Artery diminished with concomitant early Based on the above discussion, the Disease,’’ Lancet, 336:827–830, 1990. treatment with a thrombolytic (i.e., an agency is now proposing several (5) Verheugt, F. W. et al., ‘‘Effects of Early Intervention with Low-dose Aspirin (100 mg) immediate 1-hour, single-dose, infusion changes in the professional labeling of 1.5 million units of streptokinase). on Infarct Size, Reinfarction and Mortality in proposed in § 343.80(c) for OTC drug Anterior Wall Acute Myocardial Infarction,’’ Aspirin treatment should be started as products containing aspirin proposed in American Journal of Cardiology, 66:267–270, soon as the physician suspects an MI, § 343.10(b) or permitted combinations 1990. rather than delaying treatment until proposed in § 343.20(b)(3) as follows: (1) (6) Hays, L. J. et al., ‘‘Short-term Infarct definitive testing can be done. A Add information for treatment of a Vessel Patency with Aspirin and significant benefit of aspirin in reducing suspected acute MI, and (2) revise some Dipyridamole Started 24 to 36 Hours After the risk of vascular death was seen in of the previously proposed text based on Intravenous Streptokinase,’’ American Heart ISIS–2 for aspirin alone compared to additional information from the ISIS–2 Journal, 115:717–721, 1988. (7) ISIS Pilot Study Investigators, placebo as well as for aspirin plus study (Ref. 8). streptokinase compared to streptokinase ‘‘Randomized Factorial Trial of High-Dose III. Summary of Agency Changes Intravenous Streptokinase, of Oral Aspirin alone, representing, in effect, two and of Intravenous Heparin in Acute separate studies showing a benefit of In summary, the agency is proposing Myocardial Infarction,’’ European Heart aspirin. This internal replication to add the following to the professional Journal, 8:634–642, 1987. supports the indication for treatment of labeling in § 343.80(c): An indication for (8) Elwood, P. C., and W. O. Williams, ‘‘A acute MI. The large number of aspirin to reduce the risk of vascular Randomized Controlled Trial of Aspirin in investigators involved in the study and mortality in patients with a suspected the Prevention of Early Mortality in the consistency of results among acute MI; the findings of the ISIS–2 Myocardial Infarction,’’ Journal of the Royal countries lend further credibility to the study under ‘‘Clinical Trials;’’ a dosage College of General Practitioners, 29:413–416, results of this single study. of 160 to 162.5 mg for a suspected acute 1979. The benefit of aspirin is evident for (9) Husted, S. E. et al., ‘‘Acetylsalicylic MI taken as soon as the infarct is Acid 100 mg and 1,000 mg Daily in Acute both all-cause mortality and vascular suspected and then daily for at least 30 Myocardial Infarction Suspects: A Placebo- mortality for aspirin alone and for days; and a statement that this use of Controlled Trial,’’ Journal of Internal aspirin in addition to early thrombolytic aspirin applies to both solid, oral dosage Medicine, 226:303–310, 1989. treatment. Although the most important forms and buffered aspirin in solution. effect of aspirin in acute MI is the To add the findings of the ISIS–2 V. Enforcement Policy reduction in mortality, small, but study and to improve readability, the The agency is allowing the proposed statistically significant, decreases in agency is also proposing the following: professional labeling to be used prior to nonfatal reinfarction and stroke were Change the heading from ‘‘Indication’’ the completion of a final rule for OTC also found. Overall, the other studies to ‘‘Indications;’’ add the subheadings, internal analgesic, antipyretic, and included in the petitions are consistent ‘‘Recurrent MI (Reinfarction) or antirheumatic drug products. This with a favorable effect of aspirin in the Unstable Angina Pectoris’’ and decision is based on the substantial data

VerDate 29-MAY-96 21:54 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\P13JN2.PT1 13jnp1 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules 30007 supporting the safety and effectiveness the agency certifies that the proposed office above between 9 a.m. and 4 p.m., of aspirin for suspected acute MI and on rule will not have a significant Monday through Friday. the importance of early dissemination of economic impact on a substantial List of Subjects in 21 CFR Part 343 this information to health professionals. number of small entities. Therefore, Manufacturers who disseminate this under the Regulatory Flexibility Act, no Labeling, Over-the-counter drugs. information must use the exact further analysis is required. Therefore, under the Federal Food, professional labeling set forth in this The agency invites public comment Drug, and Cosmetic Act and under proposal. Such labeling may be regarding any substantial or significant authority delegated to the Commissioner disseminated pending issuance of a economic impact that this rulemaking of Food and Drugs, it is proposed that final rule, subject to the risk that the would have on the professional labeling 21 CFR part 343 (proposed in the agency may, in the final rule, adopt a of OTC internal analgesic, antipyretic, Federal Register of November 16, 1988, different position that could require and antirheumatic drug products that 53 FR 46204) be amended as follows: relabeling, recall, or other regulatory contain aspirin, buffered aspirin, or action. Those manufacturers who do not aspirin in combination with antacid. PART 343ÐINTERNAL ANALGESIC, wish to revise the professional labeling Types of impact may include, but are ANTIPYRETIC, AND ANTIRHEUMATIC in accordance with this proposal may not limited to, costs associated with DRUG PRODUCTS FOR OVER±THE± continue to disseminate the labeling relabeling. Comments regarding the COUNTER HUMAN USE proposed in the 1988 TFM (53 FR 46204 impact of this rulemaking on these OTC 1. The authority citation for 21 CFR at 46258 through 46260) until a final drug products should be accompanied part 343 continues to read as follows: rule becomes effective. Dissemination of by appropriate documentation. The Authority: Secs. 201, 501, 502, 503, 505, professional labeling that is not in agency will evaluate any comments and 510, 701 of the Federal Food, Drug, and accord with the labeling in the 1988 supporting data that are received and Cosmetic Act (21 U.S.C. 321, 351, 352, 353, TFM or with this proposed amendment will reassess the economic impact of 355, 360, 371). to the 1988 TFM may result in this rulemaking in the preamble to the 2. Section 343.80 is amended by regulatory action against the product, final rule. the marketer, or both. revising paragraph (c) to read as follows: VII. Paperwork Reduction Act of 1995 § 343.80 Professional labeling. VI. Analysis of Impacts FDA tentatively concludes that the * * * * * FDA has examined the impacts of the labeling requirements proposed in this (c) For products containing aspirin proposed rule under Executive Order document are not subject to review by identified in § 343.10(b) or permitted 12866 and the Regulatory Flexibility Act the Office of Management and Budget combinations identified in (Pub. L. 96–354). Executive Order 12866 because they do not constitute a § 343.20(b)(3). The labeling states, under directs agencies to assess all costs and ‘‘collection of information’’ under the the heading ‘‘ASPIRIN FOR benefits of available regulatory Paperwork Reduction Act of 1995 (44 MYOCARDIAL INFARCTION,’’ the alternatives and, when regulation is U.S.C. 3501 et seq.). Rather, the following: necessary, to select regulatory proposed labeling statements are a Indications: approaches that maximize net benefits ‘‘public disclosure of information Recurrent Myocardial Infarction (MI) (including potential economic, originally supplied by the Federal (Reinfarction) or Unstable Angina Pectoris environmental, public health and safety, Government to the recipient for the Aspirin is indicated to reduce the risk of and other advantages; distributive purpose of disclosure to the public’’ (5 death and/or nonfatal MI in patients with a impacts; and equity). The agency CFR 1320.3(c)(2)). previous MI or unstable angina pectoris. believes that this proposed rule is Suspected Acute MI consistent with the regulatory VIII. Environmental Impact Aspirin is indicated to reduce the risk of philosophy and principles identified in The agency has determined under 21 vascular mortality in patients with a suspected acute MI. the Executive Order. In addition, the CFR 25.24(c)(6) that this action is of a Clinical Trials: proposed rule is not a significant type that does not individually or Recurrent MI (Reinfarction) and Unstable regulatory action as defined by the cumulatively have a significant effect on Angina Pectoris Executive Order and so is not subject to the human environment. Therefore, The indication is supported by the results review under the Executive Order. neither an environmental assessment of six large, randomized multicenter, The Regulatory Flexibility Act nor an environmental impact statement placebo-controlled studies involving 10,816, requires agencies to analyze regulatory is required. predominantly male, post-MI subjects and options that would minimize any one randomized placebo-controlled study of significant impact of a rule on small IX. Request for Comments 1,266 men with unstable angina (1–7). entities. If this proposed rule becomes a Interested persons may, on or before Therapy with aspirin was begun at intervals final rule, direct one-time costs September 11, 1996, submit to the after the onset of acute MI varying from less than 3 days to more than 5 years and associated with changing professional Dockets Management Branch (address continued for periods of from less than 1 year labeling will be imposed. That cost is above) written comments regarding this to 4 years. In the unstable angina study, estimated to be less than $1 million. proposal. Written comments on the treatment was started within 1 month after Also, there appears to be a limited agency’s economic impact the onset of unstable angina and continued number of aspirin products involved determination may be submitted on or for 12 weeks, and patients with complicating because many manufacturers of these before September 11, 1996. Three copies conditions such as congestive heart failure products do not distribute professional of all comments are to be submitted, were not included in the study. labeling for their products. except that individuals may submit one Aspirin therapy in MI subjects was Manufacturers who do distribute such copy. Comments are to be identified associated with about a 20-percent reduction in the risk of subsequent death and/or professional labeling will have an with the docket number found in nonfatal reinfarction, a median absolute additional claim to make for their brackets in the heading of this decrease of 3 percent from the 12- to 22- product(s) and will have 1 year after document and may be accompanied by percent event rates in the placebo groups. In publication of the final rule to a supporting memorandum or brief. aspirin-treated unstable angina patients the implement this relabeling. Accordingly, Received comments may be seen in the reduction in risk was about 50 percent, a

VerDate 29-MAY-96 21:54 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\P13JN2.PT1 13jnp1 30008 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules reduction in the event rate of 5-percent from Gastrointestinal Reactions the Joint National Committee on Detection, the 10-percent rate in the placebo group over Doses of 1,000 milligrams per day of Evaluation, and Treatment of High Blood the 12-weeks of the study. aspirin caused gastrointestinal symptoms and Pressure’’ (9). Daily dosage of aspirin in the post-MI bleeding that in some cases were clinically Dosage and Administration: studies was 300 milligrams in one study and significant. In the Aspirin Myocardial Recurrent MI (Reinfarction) and Unstable 900 to 1,500 milligrams in five studies. A Infarction Study (AMIS) (4) with 4,500 post- Angina Pectoris dose of 325 milligrams was used in the study infarction subjects, the percentage incidences Although most of the studies used dosages of unstable angina. of gastrointestinal symptoms for the aspirin exceeding 300 milligrams, two trials used Suspected Acute MI (1,000 milligrams of a standard, solid-tablet only 300 milligrams, and pharmacologic data The use of aspirin in patients with a formulation) and placebo-treated subjects, indicate that this dose inhibits platelet suspected acute MI is supported by the respectively, were: Stomach pain (14.5 function fully. Therefore, 300 milligrams or results of a large, multicenter 2 x 2 factorial percent, 4.4 percent); heartburn (11.9 a conventional 325 milligram aspirin dose is study of 17,187 subjects with suspected acute percent, 4.8 percent); nausea and/or vomiting a reasonable, routine dose that would MI (8). Subjects were randomized within 24 (7.6 percent, 2.1 percent); hospitalization for minimize gastrointestinal adverse reactions. hours of the onset of symptoms so that 8,587 gastrointestinal disorder (4.8 percent, 3.5 This use of aspirin applies to both solid, oral subjects received oral aspirin (162.5 percent). Symptoms and signs of dosage forms (buffered and plain aspirin) and milligrams, enteric-coated) daily for 1 month gastrointestinal irritation were not buffered aspirin in solution. (the first dose crushed, sucked, or chewed) significantly increased in subjects treated for Suspected Acute MI and 8,600 received oral placebo. Of the unstable angina with 325 milligrams buffered The recommended dose of aspirin to treat subjects, 8,592 were also randomized to aspirin in solution. suspected acute MI is 160 to 162.5 milligrams receive a single dose of streptokinase (1.5 Bleeding taken as soon as the infarct is suspected and million units) infused intravenously for In the AMIS and other trials, aspirin- then daily for at least 30 days. (One-half of about 1 hour, and 8,595 received a placebo treated subjects had increased rates of gross a conventional 325-milligram aspirin tablet infusion. Thus, 4,295 subjects received gastrointestinal bleeding. In the ISIS–2 study or two 80- or 81-milligram aspirin tablets aspirin plus placebo, 4,300 received (8), there was no significant difference in the may be taken.) This use of aspirin applies to streptokinase plus placebo, 4,292 received incidence of major bleeding (bleeds requiring both solid, oral dosage forms (buffered, plain, aspirin plus streptokinase, and 4,300 transfusion) between 8,587 subjects taking and enteric-coated aspirin) and buffered received double placebo. 162.5 milligrams aspirin daily and 8,600 aspirin in solution. If using a solid dosage Vascular mortality (attributed to cardiac, subjects taking placebo (31 versus 33 form, the first dose should be crushed, cerebral, hemorrhagic, other vascular, or subjects). There were five confirmed cerebral sucked, or chewed. After the 30-day unknown causes) occurred in 9.4 percent of hemorrhages in the aspirin group compared the subjects in the aspirin group and in 11.8 with two in the placebo group, but the treatment, physicians should consider further percent of the subjects in the oral placebo incidence of stroke of all causes was therapy based on the labeling for dosage and group in the 35-day followup. This significantly reduced from 81 to 47 for the administration of aspirin for prevention of represents an absolute reduction of 2.4 placebo versus aspirin group (0.4 percent recurrent MI (reinfarction). percent in the mean 35-day vascular absolute change). There was a small and (1) Elwood, P. C. et al., ‘‘A Randomized mortality attributable to aspirin and a 23- statistically significant excess (0.6 percent) of Controlled Trial of Acetylsalicylic Acid in percent reduction in the odds of vascular minor bleeding in people taking aspirin (2.5 the Secondary Prevention of Mortality from death (2p < 0.00001). percent for aspirin, 1.9 percent for placebo). Myocardial Infarction,’’ British Medical Significant absolute reductions in mortality No other significant adverse effects were Journal, 1:436–440, 1974. and corresponding reductions in specific reported. (2) The Coronary Drug Project Research clinical events favoring aspirin were found (Other applicable warnings related to the Group, ‘‘Aspirin in Coronary Heart Disease,’’ for reinfarction (1.5 percent absolute use of aspirin as described in § 343.50(c) may Journal of Chronic Diseases, 29:625–642, reduction, 45 percent odds reduction, 2p < also be included here.) 1976. 0.00001), cardiac arrest (1.2 percent absolute Cardiovascular and Biochemical (3) Breddin, K. et al., ‘‘Secondary reduction, 14.2 percent odds reduction, 2p < In the AMIS trial (4), the dosage of 1,000 Prevention of Myocardial Infarction: A 0.01), and total stroke (0.4 percent absolute milligrams per day of aspirin was associated Comparison of Acetylsalicylic Acid, reduction, 41.5 percent odds reduction, 2p < with small increases in systolic blood Phenprocoumon or Placebo,’’ Homeostasis, 0.01). The effect of aspirin over and above its pressure (BP) (average 1.5 to 2.1 millimeters 470:263–268, 1979. effect on mortality was evidenced by small, Hg) and diastolic BP (0.5 to 0.6 millimeters (4) Aspirin Myocardial Infarction Study but significant, reductions in vascular Hg), depending upon whether maximal or Research Group, ‘‘A Randomized, Controlled morbidity in those subjects who were last available readings were used. Blood urea Trial of Aspirin in Persons Recovered from discharged. nitrogen and uric acid levels were also Myocardial Infarction,’’ Journal of the The beneficial effects of aspirin on increased, but by less than 1.0 milligram American Medical Association, 243:661–669, mortality were present with or without percent. 1980. streptokinase infusion. Aspirin reduced Subjects with marked hypertension or (5) Elwood, P. C., and P. M. Sweetnam, vascular mortality from 10.4 to 8.0 percent renal insufficiency had been excluded from ‘‘Aspirin and Secondary Mortality After for days 0 to 35 in subjects given the trial so that the clinical importance of Myocardial Infarction,’’ Lancet, II:1313–1315, streptokinase and reduced vascular mortality these observations for such subjects or for December 22–29, 1979. from 13.2 to 10.7 percent in subjects given no any subjects treated over more prolonged (6) The Persantine-Aspirin Reinfarction streptokinase. periods is not known. It is recommended that Study Research Group, ‘‘Persantine and The effects of aspirin and thrombolytic patients placed on long-term aspirin Aspirin in Coronary Heart Disease,’’ therapy with streptokinase in this study were treatment, even at doses of 160 milligrams Circulation, 62:449–461, 1980. approximately additive. Subjects who per day, be seen at regular intervals to assess (7) Lewis, H. D. et al., ‘‘Protective Effects received the combination of streptokinase changes in these measurements. of Aspirin Against Acute Myocardial infusion and daily aspirin had significantly Sodium in Buffered Aspirin for Solution Infarction and Death in Men with Unstable lower vascular mortality at 35 days than Formulations: Angina, Results of a Veterans Administration those who received either active treatment One tablet daily of buffered aspirin in Cooperative Study,’’ New England Journal of alone (combination 8.0 percent, aspirin 10.7 solution adds 553 milligrams of sodium to Medicine, 309:396–403, 1983. percent, streptokinase 10.4 percent, and no that in the diet and may not be tolerated by (8) ISIS–2 (Second International Study of treatment 13.2 percent). While this study patients with active sodium-retaining states Infarct Survival) Collaborative Group, demonstrated that aspirin has an additive such as congestive heart or renal failure. This ‘‘Randomized Trial of Intravenous benefit in patients given streptokinase, there amount of sodium adds about 30 percent to Streptokinase, Oral Aspirin, Both, or Neither is no reason to restrict its use to that specific the 70- to 90-milliequivalent intake suggested Among 17,187 Cases of Suspected Acute thrombolytic. as appropriate for dietary treatment of Myocardial Infarction: ISIS–2,’’ Lancet, Adverse Reactions: essential hypertension in the ‘‘1984 Report of 2:349–360, August 13, 1988.

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(9) ‘‘1984 Report of the Joint National pertaining to the individual and can § 603.1 Purpose and scope. Committee on Detection, Evaluation, and request disclosure and amendment of This part 603 contains the regulations Treatment of High Blood Pressure,’’ United such records. These regulations also set of the U.S. Arms Control and States Department of Health and Human forth the bases for denying amendment Services and United States Public Health Disarmament Agency implementing the Service, National Institutes of Health, requests and the procedures for provisions of the Privacy Act of 1974, 5 Publication No. NIH 84–1088, 1984. appealing such denials. ACDA does not U.S.C. 552a. In addition to containing intend the proposed rules to materially internal policies and procedures, these Dated: June 5, 1996. affect current ACDA standards, policies, William K. Hubbard, regulations set forth procedures or practices. whereby an individual can determine if Associate Commissioner for Policy a system of records maintained by the Coordination. Regulatory Flexibility Act Certification Agency contains records pertaining to [FR Doc. 96–14894 Filed 6–12–96; 8:45 am] It is hereby certified that the proposed the individual and can request BILLING CODE 4160±01±F rule will not have a significant disclosure and amendment of such economic impact on a substantial records. These regulations also set forth number of small entities. Accordingly, a the bases for denying amendment ARMS CONTROL AND DISARMAMENT regulatory flexibility analysis is not requests and the procedures for AGENCY required. appealing such denials. 22 CFR Part 603 Executive Order 12866 Determination § 603.2 Definitions. Privacy Act Policy and Procedures ACDA has determined that the As used in this part: proposed rule is not a significant (a) Act means the Privacy Act of 1974, AGENCY: Arms Control and Disarmament regulatory action within the meaning of 5 U.S.C. 552a. Agency. section 3(f) of that Executive Order. (b) ACDA and Agency mean the U.S. ACTION: Notice of proposed rulemaking. Arms Control and Disarmament Agency. Paperwork Reduction Act Statement SUMMARY: The United States Arms (c) Privacy Act Officer means the Control and Disarmament Agency The proposed rule is not subject to the Agency official who receives and acts (ACDA) proposes to revise and restate in provisions of the Paperwork Reduction upon inquiries, requests for access and their entirety its rules that govern the Act because it does not contain any requests for amendment. means by which individuals can information collection requirements (d) Deputy Director means the Deputy examine and request correction of within the meaning of that Act. Director of the Agency. (e) Individual means a citizen of the ACDA records containing personal Unfunded Mandates Act Determination information. By clarifying these rules, United States or an alien lawfully this proposal will help the public ACDA has determined that the admitted for permanent residence; interact better with ACDA and is part of proposed rule will not result in (f) Maintain includes maintain, ACDA’s effort to update and streamline expenditures by state, local, and tribal collect, use, or disseminate; its regulations. ACDA invites comments governments, or by the private sector, of (g) Record means any item, collection, from interested groups and members of more than $100 million in any one year. or grouping of information about an the public on the proposed regulations. Accordingly, a budgetary impact individual that is maintained by an DATES: To be considered, comments statement is not required under section agency, including, but not limited to, must be delivered by mail or in person 202 of the Unfunded Mandates Reform education, financial transactions, to the address, or faxed to the telephone Act of 1995, 2 U.S.C. 1532. medical history, and criminal or number, listed below by 5 p.m. on employment history and that contains List of Subjects in 22 CFR Part 603 Friday, July 19, 1996. the name of, or the identifying number, ADDRESSES: Comments should be Privacy Act. symbol, or other identification directed to the Office of the General particularly assigned to, the individual, The Proposed Regulations Counsel, United States Arms Control such as a finger or voice print or a and Disarmament Agency, Room 5635, ACDA proposes to revise 22 CFR part photograph; 320 21st Street, NW., Washington, DC 603 to read as follows: (h) System of records means a group 20451; FAX (202) 647–0024. Comments of any records under the control of any will be available for inspection between PART 603ÐPRIVACY ACT POLICY agency from which information is 8:15 a.m. and 5 p.m. at the same AND PROCEDURES retrieved by the name of the individual address. or by some identifying number, symbol, Sec. or other identification particularly FOR FURTHER INFORMATION CONTACT: 603.1 Purpose and scope. Frederick Smith, Jr., United States Arms 603.2 Definitions. assigned to the individual; Control and Disarmament Agency, 603.3 Policy. (i) Statistical record means a record in Room 5635, 320 21st Street, NW., 603.4 Requests for determination of a system of records maintained for Washington, DC 20451, telephone (202) existence of records. statistical research or reporting purposes 647–3596. 603.5 Requests for disclosure to an only and not used in whole or in part SUPPLEMENTARY INFORMATION: ACDA individual of records pertaining to the in making any determination about an proposes to update, clarify, reorganize, individual. identifiable individual, except as 603.6 Requests for amendment of records. provided by section 8 of title 13 U.S.C.; and streamline its rules implementing 603.7 Appeals from denials of requests. the Privacy Act, as amended. In 603.8 Exemptions. and addition to containing internal policies 603.9 New and amended systems of (j) Routine use means, with respect to and procedures, these regulations set records. the disclosure of a record, the use of forth procedures whereby an individual 603.10 Fees. such record for a purpose which is can determine if a system of records Authority: 5 U.S.C. 552a; 22 U.S.C. 2581; compatible with the purpose for which maintained by ACDA contains records and 31 U.S.C. 9701. it was collected.

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§ 603.3 Policy. the health or safety of an individual if (g) Agency records pertaining to an (a) It is the policy of the Agency that upon such disclosure notification is individual shall be made available to only such information about an transmitted to the last known address of that individual to the greatest extent individual as is relevant and necessary such individual; possible. to accomplish a purpose of the Agency (9) To either House of Congress, or, to (h) No lists of names and addresses required to be accomplished by statute the extent of matter within its will be rented or sold unless such action or by executive order of the President jurisdiction, any committee or is specifically authorized by law, shall be maintained in an Agency subcommittee thereof, any joint provided that names and addresses record. No information about the committee of Congress or subcommittee otherwise permitted to be made public political or religious beliefs and of any such joint committee; will not necessarily be withheld when activities of an individual will be (10) To the Comptroller General, or requested. maintained within such records unless any authorized representatives, in the (i) All requests for information under specifically authorized by statute or by course of the performance of the duties the Privacy Act received by the Agency the subject individual, or unless of the General Accounting Office; or will be acted upon as promptly as pertinent to and within the scope of a (11) Pursuant to the order of a court possible. law enforcement activity. of competent jurisdiction. (b) The Agency will not disclose any (c) Except for disclosures of § 603.4 Requests for determination of record that is contained in a system of information to Agency employees existence of records. records to any person, or to another having need for the information in the Any individual desiring to know agency, except pursuant to a written official performance of their duties or whether any system of records request by, or with the prior written required under the provisions of the maintained by the Agency contains a consent of, the individual to whom the Freedom of Information Act, an accurate record pertaining to the individual shall record pertains, unless disclosure of the accounting of each disclosure will be send a written request to the Privacy Act record is: made and retained for five years after Officer, U.S. Arms Control and (1) To those officers and employees of the disclosure or for the life of the Disarmament Agency, 320 21st Street, the Agency who have a need for the record, whichever is longer. The NW., Washington, DC 20451. All record in the performance of their accounting will include the date, nature, requests for determination of the duties; and purpose of each disclosure and the existence of records should include (2) Required under the Freedom of name and address of the person or sufficient information to identify the Information Act, as amended (5 U.S.C. agency to whom the disclosure is made. system of records, such as its name or 552); Each such disclosure, unless made to Federal Register identifier number if (3) For a routine use, notice of which agencies engaged in law enforcement known, in addition to such identifying has been published in accordance with activities in accordance with paragraph information as the individual’s name the Act; (b)(7) of this section, will be made and date of birth. (4) To the Bureau of the Census for available to the individual upon request. purposes of planning or carrying out a (d) To the greatest extent practicable, § 603.5 Requests for disclosure to an census or survey or related activity information that may result in an individual of records pertaining to the individual. pursuant to the provisions of title 13 adverse determination about an U.S.C.; individual shall be collected from that (a) An individual desiring access to or (5) To a recipient who has provided individual, and the individual will be copies of records maintained by the the Agency with advance adequate informed of the purposes for which the Agency shall send a written request to written assurance that the record will be information will be used and any rights, the Privacy Act Officer, U.S. Arms used solely as a statistical research or benefits, and obligations with respect to Control and Disarmament Agency, 320 reporting record, and the record is to be supplying the data. 21st Street, NW., Washington, DC transferred in a form that is not (e) The Agency shall ensure that all 20451. All requests for disclosure to an individually identifiable; records that are used by the Agency to individual of records pertaining to that (6) To the National Archives of the make a determination about any individual should include sufficient United States as a record that has individual are maintained with such information to identify the record or sufficient historical or other value to accuracy, relevance, timeliness and system of records such as its name or warrant its continued preservation by completeness as is reasonably necessary Federal Register identifier number if the United States Government, or for to assure fairness to the individual. known, in addition to such identifying evaluation by the Administrator of Whenever information about an information as the individual’s name General Services or his/her designee to individual contained in an Agency and date of birth. determine whether the record has such record is used or disclosed, the (b)(1) Except as provided in paragraph value; custodian of the system of records in (b)(2) of this section: (7) To another agency or to an which the record is located will make (i) If the individual making a written instrumentality of any governmental every effort to ensure that it is accurate, request is not personally known to the jurisdiction within or under the control relevant, timely and complete. Privacy Act Officer or to other Agency of the United States for a civil or (f) The Agency shall establish personnel processing the request, the criminal law enforcement activity if the appropriate administrative, technical, written request must include activity is authorized by law, and if the and physical safeguards to ensure that satisfactory evidence that the requester head of the agency or instrumentality records are disclosed only to those who is in fact the individual to whom the has made a written request to the are authorized to have access to them requested records pertain. For this Agency that maintains the record and to protect against any anticipated purpose, the Agency normally will be specifying the particular portion desired threats or hazards to their security or satisfied by the receipt of the requester’s and the law enforcement activity for integrity that would result in substantial statement of identity made under which the record is sought; harm, embarrassment, inconvenience, or penalty of perjury. (8) To a person pursuant to a showing unfairness to any individual on whom (ii) If the individual making a request of compelling circumstances affecting information is maintained. in person is not personally known to the

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Privacy Act Officer or to other Agency § 603.6 Requests for amendment of denial complained of, and reasons for personnel processing the request, the records. appeal from the denial. requester must present two (a) An individual may request (b) Review shall be made by the identification documents (at least one of amendment of a record pertaining to Deputy Director on the submitted which must bear the requester’s picture) that individual by sending a written record. No personal appearance, oral containing the individual’s signature request to the Privacy Act Officer, U.S. argument, or hearing shall be permitted. and other suitable evidence of identity. Arms Control and Disarmament Agency, (c) Review will be completed and a Examples of acceptable evidence are a 320 21st Street, NW., Washington, DC final determination made not later than driver’s license, passport, employee 20451. The request should identify the 30 days (excluding Saturdays, Sundays identification card, or military record sought to be amended, specify and legal holidays) from the date on identification card. the precise nature of the requested which the request for such review is (2) Evidence that the requester is in amendment, and state why the requester received. This 30-day limitation may be fact the individual to whom the believes that the record is not accurate, extended, at the discretion of the requested records pertain is not required relevant, timely or complete. Agency for good cause shown. The for information that would be required (b) Not later than ten (10) days after requester will be notified in writing of to be made available to a third party receipt of such request (excluding the Agency’s final determination. under the Freedom of Information Act Saturdays, Sundays and legal holidays), (d) If, after completion of the review, (5 U.S.C. 552). the Privacy Act Officer will promptly: the Deputy Director also refuses to (c)(1) Access to or copies of records (1) Make any correction of any portion disclose or amend the record as requested pursuant to this section shall of the record pertaining to the requested, the notice to the individual be furnished except as provided in individual which the Agency considers will advise the individual of the right to paragraph (c)(3) of this section: appropriate; and file with the Agency a concise statement (i) To an individual making a request (2) Inform the requester in writing of setting forth the reasons for in person, upon verification of personal the action taken by the Agency, of the disagreement with this refusal. identity as required in paragraph (b) of reasons for refusing to comply with any (e) When an individual has filed with this section, to that individual, and if portion of the request, and of the the Agency a statement of disagreement the individual is accompanied by any procedures established by the Agency to following a refusal to amend the record other person, upon the individual’s consider requests for review of such as requested, the Agency will clearly request, to that person, except that the refusals. note that portion of the record that is Agency may require the individual to (c) The Privacy Act Officer will refuse disputed and will send copies of the furnish a written statement authorizing to amend a record if the information statement of disagreement to the last disclosure of the individual’s record in therein is deemed by the Agency: known address of all previous recipients the presence of the accompanying (1) To be relevant and necessary to of the disputed record shown in the person. accomplish a purpose of the Agency Agency’s Privacy Act Requests File. (ii) To an authorized representative or required to be accomplished by statute designee of an individual, if the or by executive order of the President; § 603.8 Exemptions. individual has provided verification of and (a) As authorized by the Act, the personal identity as required in (2) To be maintained with such following categories of records are paragraph (b) of this section, and accuracy, relevance, timeliness and hereby exempted from the requirements submits a signed, notarized statement completeness as is reasonably necessary of sections (c)(3), (d), (e)(4)(G), (H) and authorizing and consenting to access or to assure fairness to the individual in (I), and (f) of 5 U.S.C. 552a, and will not disclosure to the representative or making any determination about the be disclosed to the individuals to which designee. individual; and they pertain: (iii) To a physician authorized by a (3) Not to describe how the individual (1) System of Records of ACDA–4— signed, notarized statement made by the exercises rights guaranteed by the First Statements by Principals during the individual making the request, in the Amendment unless expressly Strategic Arms Limitation Talks, Mutual event that the records requested are authorized by statute or by the Balanced Force Reduction negotiations, medical records of such a nature that individual about whom the record is and the Standing Consultative the Privacy Act Officer has determined maintained. Committee. This system contains that the release of such medical (d) When the Privacy Act Officer information classified pursuant to information directly to the requester agrees to amend a record, written notice Executive Order 12958 that is exempt could have an adverse effect on the that the record has been amended and from disclosure by the Act (5 U.S.C. requester. The individual making the the substance of the amendment will be 522a(k)(1)) in that disclosure could request must also provide verification of sent to the last known address of all damage national security. personal identity as required in previous recipients of that record shown (2) System of Records ACDA–3— paragraph (b) of this section. in Agency’s Privacy Act Requests File. Security Records. This system contains (2) Access to records or copies of investigatory material compiled for law records requested shall be furnished as § 603.7 Appeals from denials of requests. enforcement purposes which is exempt promptly as possible. (a) An individual who disagrees with from disclosure by the Act (5 U.S.C. (3) Access to or copies of records the refusal of the Privacy Act Officer to 522a(k)(2)): Provided, however, that if requested pursuant to this section shall disclose or amend a record may request any individual is denied any right, not be granted if: a review of such refusal within 30 days privilege, or benefit to which the (i) The individual making the request of receipt of notice of the refusal. Such individual would otherwise be entitled does not comply with the requirements request should be addressed to the by Federal law, or for which the for verification of personal identity as Deputy Director, U.S. Arms Control and individual would otherwise be eligible, required in paragraph (b) of this section; Disarmament Agency, 320 21st Street, as a result of the maintenance of such or NW., Washington, DC 20451, and material, such material will be provided (ii) The records are exempt from should include a copy of the written to such individual, except to the extent disclosure pursuant to § 603.8. request that was refused, a copy of the that disclosure of such material would

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Section 1570 of the Tax Reform Act of confidence. 1986 amended section 6335(e) of the Dated: May 30, 1996. Code to require the Secretary to (3) Systems of Records ACDA–3— Mary Elizabeth Hoinkes, determine before the sale of seized Security Records. This system contains General Counsel. property whether it would be in the best investigatory materials compiled solely [FR Doc. 96–15027 Filed 6–12–96; 8:45 am] interest of the United States to purchase for the purpose of determining BILLING CODE 6820±32±M such property at the minimum price set suitability, eligibility, or qualifications by the Secretary. The best interest for Federal civilian employment, determination is to be based on criteria military service, Federal contracts, or DEPARTMENT OF THE TREASURY prescribed by the Secretary. If, at the access to classified information which is sale, one or more persons offer at least exempt from disclosure by the Act (5 Internal Revenue Service the minimum price, the property shall U.S.C. 552a(k)(5)), but only to the extent be sold to the highest bidder. If no one that disclosure of such material would 26 CFR Part 301 offers at least the minimum price and reveal the identity of a source who [GL±007±96] the Secretary has determined that it furnished information to the would be in the best interest of the Government under an express promise RIN 1545±AU13 United States to purchase the property that the identity of the source would be for the minimum price, the property Sale of Seized Property held in confidence, or, if furnished to will be declared sold to the United the Government prior to September 27, AGENCY: Internal Revenue Service (IRS), States for the minimum price. If no one 1975, under an implied promise that the Treasury. offers the minimum price and the identity of the source would be held in ACTION: Notice of proposed rulemaking. Secretary has not determined that it confidence. would be in the best interest of the (b) Nothing in these regulations shall SUMMARY: This document contains United States to purchase the property be construed to allow an individual proposed regulations relating to the sale for the minimum price, the property access to: of seized property. The proposed shall be released to the owner of the (1) Any information compiled in regulations reflect changes concerning property and the expense of the levy reasonable anticipation of a civil action the setting of a minimum price for and sale shall be added to the amount or proceeding; or seized property by the Tax Reform Act of tax for the collection of which the of 1986. The proposed regulations affect United States made the levy. Any (2) Testing or examination material all sales of seized property. property released shall remain subject to used solely to determine individual any lien imposed by subchapter C of qualification for appointment or DATES: Written comments and requests for a public hearing must be received by chapter 64 of subtitle F of the Code. promotion in the Federal Service, the The proposed regulations reflect the disclosure of which would compromise September 11, 1996. ADDRESSES: Send submissions to: changes made by the Tax Reform Act of the objectivity or fairness of the testing 1986. The regulations propose to or examination process. CC:DOM:CORP:R (GL–007–96), room 5228, Internal Revenue Service, POB authorize district directors to make the § 603.9 New and amended systems of 7604, Ben Franklin Station, Washington, required determination whether it records. DC 20044. In the alternative, would be in the best interest of the submissions may be hand delivered to: United States to purchase seized (a) The Agency shall provide adequate property for the minimum price. In advance notice to Congress and to the CC:DOM:CORP:R (GL–007–96), room 5228, Internal Revenue Service, 1111 addition, the regulations propose to set Office of Management and Budget of forth factors the district director may any proposal to establish or alter any Constitution Avenue NW., Washington, DC. consider when determining the best system of records. Such notice shall be interest of the United States. The district FOR FURTHER INFORMATION CONTACT: in a form consistent with guidance on director may consider all relevant facts content, format and timing issued by the Concerning the regulations, Kevin B. and circumstances including for Office of Management and Budget. Connelly, (202) 622–3640 (not a toll-free example: (1) marketability of the (b) The Agency shall publish by number). property; (2) cost of maintaining the August 31 of each year in the Federal SUPPLEMENTARY INFORMATION: property; (3) cost of repairing or Register a notice of the existence and restoring the property; (4) cost of Background character of each system of records transporting the property; (5) cost of maintained by the Agency. Such notice This document contains proposed safeguarding the property; (6) cost of shall be consistent with guidance on amendments to the Procedure and potential toxic waste cleanup; and (7) format contained in the Act and issued Administration Regulations (26 CFR other factors pertinent to the type of by the General Services Administration. part 301) relating to the sale of seized property. At least 30 days before any new or property under section 6335 of the changed routine use of records Internal Revenue Code (Code). The Tax Special Analyses contained within a system of records Reform Act of 1986 amended section It has been determined that this notice can be made, the Agency shall publish 6335(e), relating to the manner and of proposed rulemaking is not a notice of such new or changed use in conditions of sale, to authorize the significant regulatory action as defined the Federal Register. Secretary to determine whether it would in EO 12866. Therefore, a regulatory

VerDate 29-MAY-96 21:54 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\P13JN2.PT1 13jnp1 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules 30013 assessment is not required. It also has (c) * * * Any property released under this been determined that section 553(b) of (3) Determinations relating to paragraph (c)(4)(iii) shall remain subject the Administrative Procedure Act (5 minimum price—(i) Minimum price. to any lien imposed by subchapter C of U.S.C. chapter 5) and the Regulatory Before the sale of property seized by chapter 64 of subtitle F of the Internal Flexibility Act (5 U.S.C. chapter 6) do levy, the district director shall Revenue Code. not apply to these regulations, and, determine a minimum price, taking into (iv) Effective date. This paragraph therefore, a Regulatory Flexibility account the expenses of levy and sale, (c)(4) applies to dispositions of property Analysis is not required. Pursuant to for which the property shall be sold. at sale made on or after [date final section 7805(f) of the Internal Revenue The internal revenue officer conducting regulations are published in the Federal Code, this notice of proposed the sale may either announce the Register]. minimum price before the sale begins, rulemaking will be submitted to the * * * * * Chief Counsel for Advocacy of the Small or defer announcement of the minimum Business Administration for comment price until after the receipt of the Margaret Milner Richardson, on its impact on small business. highest bid, in which case, if the highest Commissioner of Internal Revenue. bid is greater than the minimum price, [FR Doc. 96–14123 Filed 6–12–96; 8:45 am] Comments and Requests for a Public no announcement of the minimum price BILLING CODE 4830±01±U Hearing shall be made. Before these proposed regulations are (ii) Purchase by the United States. adopted as final regulations, Before the sale of property seized by Bureau of Alcohol, Tobacco and consideration will be given to any levy, the district director shall Firearms written comments that are submitted determine whether the purchase of 27 CFR Parts 0 and 70 timely (preferably a signed original and property by the United States at the eight (8) copies) to the IRS. All minimum price would be in the best comments will be available for public interest of the United States. In [Notice No. 824] inspection and copying. A public determining whether the purchase of hearing may be scheduled if requested property would be in the best interest of RIN 1512±AB54 in writing by a person that timely the United States, the district director submits written comments. If a public may consider all relevant facts and Recodification of the Statement of hearing is scheduled, notice of the date, circumstances including for example— Procedural Rules in Part 70 (96R±007P) time, and place for the hearing will be (a) Marketability of the property; published in the Federal Register. (b) Cost of maintaining the property; AGENCY: Bureau of Alcohol, Tobacco (c) Cost of repairing or restoring the and Firearms (ATF), Department of the Drafting Information: The principal author Treasury. of these regulations is Kevin B. Connelly, property; Office of Assistant Chief Counsel (General (d) Cost of transporting the property; ACTION: Notice of proposed rulemaking. Litigation) CC:EL:GL, IRS. However, other (e) Cost of safeguarding the property; (f) Cost of potential toxic waste personnel from the IRS and Treasury SUMMARY: As part of a regulatory reform Department participated in their cleanup; and initiative, the Bureau of Alcohol, (g) Other factors pertinent to the type development. Tobacco and Firearms (ATF) is of property. List of Subjects in 26 CFR Part 301 (iii) Effective date. This paragraph proposing to revise the statement of procedural rules in subpart E of 27 CFR Employment taxes, Estate taxes, (c)(3) applies to determinations relating Part 70, and recodify this statement as Excise taxes, Gift taxes, Income taxes, to minimum price made on or after [date a new part 0 of 27 CFR. ATF solicits Penalties, Reporting and recordkeeping final regulations are published in the comments on its proposals and requirements. Federal Register]. (4) Disposition of property at sale—(i) suggestions for further improvements in Proposed Amendments to the Sale to highest bidder at or above the statement of procedural rules. Regulations minimum price. If one or more persons DATES: Written comments must be Accordingly, 26 CFR part 301 is offer to buy the property for at least the received by August 12, 1996. proposed to be amended as follows: amount of the minimum price, the ADDRESSES: Send written comments to: property shall be sold to the highest Chief, Wine, Beer and Spirits PART 301ÐPROCEDURE AND bidder. Regulations Branch, Bureau of Alcohol, ADMINISTRATION (ii) Property deemed sold to United Tobacco and Firearms, P.O. Box 50221, States at minimum price. If no one Paragraph 1. The authority citation Washington, DC 20091–0221, Attn: offers at least the amount of the for part 301 continues to read in part as Notice No. 824. Copies of written minimum price for the property and the follows: comments received in response to this Secretary has determined that it would notice of proposed rulemaking will be Authority: 26 U.S.C. 7805 * * * be in the best interest of the United available for public inspection during States to purchase the property for the Par. 2. Section 301.6335–1 is normal business hours at: ATF minimum price, the property shall be amended as follows: Reference Library, Office of Public declared to be sold to the United States 1. Paragraph (c)(3) is revised. Affairs and Disclosure, Room 6480, 650 2. Paragraphs (c)(4) through (c)(9) are for the minimum price. (iii) Release to owner. If the property Massachusetts Avenue, NW, redesignated as paragraphs (c)(5) Washington, DC 20226. through (c)(10). is not declared to be sold under 3. New paragraph (c)(4) is added. paragraph (c)(4)(i) or (ii) of this section, FOR FURTHER INFORMATION CONTACT: The additions and revision read as the property shall be released to the Marjorie D. Ruhf, Wine, Beer and Spirits follows: owner of the property and the expense Regulations Branch, Bureau of Alcohol, of the levy and sale shall be added to Tobacco and Firearms, 650 § 301.6335±1 Sale of seized property. the amount of tax for the collection of Massachusetts Avenue, NW., * * * * * which the United States made the levy. Washington, DC 20226 (202–927–8230).

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SUPPLEMENTARY INFORMATION: to wine labels mixed in with Paperwork Reduction Act Background discussions of nonindustrial use of distilled spirits and establishment of Although the information collections On February 21, 1995, President breweries, we will adopt an described in sections 70.411 through Clinton announced a regulatory reform arrangement which will place 70.414, 70.431 and 70.433 of subpart E initiative. As part of this initiative, each descriptions of all ATF procedural rules of Part 70 merely summarize and Federal agency was instructed to which affect wine labeling together in reference the parts of Title 27 CFR conduct a page by page review of all one location. where the information collections are agency regulations to identify those imposed, these sections were reviewed Public Participation which are obsolete or burdensome and and approved by the Office of those whose goals could be better ATF requests comments from all Management and Budget under control achieved through the private sector, interested persons on the proposals numbers 1512–0141 and 1512–0472. self-regulation or state and local presented in this notice. We particularly These control numbers were in effect on governments. In cases where the request suggestions for any additional agency’s review disclosed regulations October 1, 1995, the effective date of the information which should be placed in Paperwork Reduction Act of 1995. Any which should be revised or eliminated, the statement of procedural rules to comments on these collections of the agency would propose make it more useful, and any information may be sent to the Office of administrative changes to its suggestions for arrangement or indexing regulations. In addition, on April 13, of the information already contained in Management and Budget, Attention: 1995, the Bureau published Notice 809 the statement. Desk officer for the Department of the (60 FR 18783) requesting comments After consideration of all comments Treasury, Bureau of Alcohol, Tobacco from the public regarding which ATF and suggestions, ATF may issue a and Firearms, Office of Information and regulations could be improved or Treasury decision. The proposals Regulatory Affairs, Washington, DC eliminated. discussed in this notice may be 20503, with copies to the Chief, No specific comments were received modified due to comments and Document Services Branch, Room 3450, in response to that notice concerning suggestions received. Bureau of Alcohol, Tobacco and the content or arrangement of the Comments received on or before the Firearms, 650 Massachusetts Avenue, statement of procedural rules in subpart closing date will be carefully NW, Washington, DC 20226. No E of 27 CFR Part 70. The Bureau, in its considered. Comments received after additional requirement to collect own review, determined that the the closing date will be given the same information is proposed in this statement of procedural rules should be consideration if it is practical to do so, document. removed from its present location and but assurance of consideration cannot placed in a location which reflects its be given except as to comments received Drafting Information: The principal author unique function as a summary statement on or before the closing date. ATF will of this document is Marjorie D. Ruhf of the of the regulations and the formal and not recognize any material or comments Wine, Beer and Spirits Regulations Branch, Bureau of Alcohol, Tobacco and Firearms. informal procedures applicable to the as confidential. All comments submitted activities conducted under the laws in response to this notice will be List of Subjects in 27 CFR Part 70 administered and enforced by ATF. In available for public inspection. Any addition, the statement of procedural material that the commenter considers Administrative practice and rules will soon need substantial revision confidential or inappropriate for procedure, Alcohol and alcoholic to reflect ongoing projects consolidating, disclosure to the public should not be beverages, Authority delegations, eliminating and revising other parts of included in the comment. The name of Bankruptcy, Claims, Disaster assistance, the regulations. Finally, ATF wishes to the person submitting the comment is Excise taxes, Firearms and ammunition, improve the usefulness of the statement not exempt from disclosure. Government employees, Law of procedural rules to the public and Executive Order 12866 enforcement, Law enforcement officers, regulated industries as a guide to agency Penalties, Reporting and recordkeeping operations. It has been determined that this requirements, Seizures and forfeitures, document is not a significant regulatory Proposed Changes Surety bonds, Tobacco. action as defined in E.O. 12866; When the pending regulatory reform therefore, a regulatory assessment is not Authority: This notice of proposed projects are complete, ATF plans to required. rulemaking is issued under the authority in revise the statement of procedural rules 18 U.S.C. 847 and 926; 26 U.S.C. 7805; 27 in order to provide current descriptions Regulatory Flexibility Act U.S.C. 201–219a. and citations. At the same time, ATF It is hereby certified that these Signed: May 21, 1996. proposes to move the statement of proposed regulations will not have a John W. Magaw, procedural rules from its current significant economic impact on a Director. location as sections 70.411 to 70.462 of substantial number of small entities. subpart E of 27 CFR Part 70 to a new Accordingly, a regulatory flexibility Approved: May 24, 1996. location as 27 CFR Part 0 at the analysis is not required. The changes John P. Simpson, beginning of 27 CFR for ease of use. We proposed are for the purpose of Deputy Assistant Secretary (Regulatory, Tariff also plan to restructure the statement. clarifying the existing regulations and and Trade Enforcement). We believe the statement will be more making them easier to use. No [FR Doc. 96–14851 Filed 6–12–96; 8:45 am] helpful and easier to use as a reference substantive changes are proposed. BILLING CODE 4810±31±U tool if it is divided into more sections, Pursuant to section 7805(f) of the to allow for better indexing, and Internal Revenue Code, this proposed arranged by commodity, so that all regulation has been submitted to the provisions relating to a particular Chief Counsel for Advocacy of the Small subject will be together. For example, Business Administration for comment instead of having information pertaining on its impact on small business.

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Bureau of Alcohol, Tobacco, and advertising purposes. Section 5.22(d)(1) Division, Internal Revenue Service, Firearms provides, in part, that ‘‘fruit brandy’’ is Department of the Treasury, stated: brandy distilled solely from the The single proposal contained in the notice 27 CFR Part 5 fermented juice or mash of whole, has as its objective an improvement in the sound, ripe fruit, or from standard [Notice No. 826] existing quality standards for grape brandy. grape, citrus, or other fruit wine. Fruit Heretofore no minimum age has been RIN 1512±AB46 brandy, derived from grapes, must be specified for this product, the only designated as ‘‘grape brandy’’ or requirement contained in the regulations Labeling of Unaged Grape Brandy ‘‘brandy’’. This section further provides with respect to young brandy being that an (95R±018P) that in the case of brandy (other than age statement must appear upon the brand neutral brandy, pomace brandy, marc label of any brandy which has not been aged AGENCY: Bureau of Alcohol, Tobacco for at least two years. brandy, or grappa brandy) distilled from and Firearms (ATF), Department of the the fermented juice, mash, or wine of The proposal precluded the use of the Treasury. grapes, or the residue thereof, which has unqualified term ‘‘brandy’’ or ‘‘grape ACTION: Notice of proposed rulemaking. been stored in oak containers (i.e., brandy’’ on the label of any grape ‘‘aged’’) for less than 2 years, the SUMMARY: The Bureau of Alcohol, brandy stored in wood containers less statement of class and type must be Tobacco and Firearms (ATF) is than 2 years. immediately preceded, in the same size proposing to amend the regulations to According to a trade association and kind of type, by the word permit the optional use of the word representing the California wine and ‘‘immature’’ (e.g., ‘‘immature grape ‘‘unaged’’, instead of ‘‘immature’’, to brandy industry, the amendment of the brandy’’, ‘‘immature brandy’’, describe grape brandy which has never regulations was necessary ‘‘to advise the ‘‘immature residue brandy’’). As a result been stored in oak containers. ATF consumer more adequately as to the of this section, brandy which has never believes that the proposed regulations difference between a proper standard been aged in oak containers is also provide industry members with greater brandy and a product that is only labeled as ‘‘immature.’’ flexibility in labeling their unaged grape potentially a brandy because of the brandy, while ensuring that the Petition inadequacy of its age.’’ Several alternative proposals were consumer is adequately informed as to ATF has received a petition, dated the identity of the product. July 10, 1995, filed on behalf of a offered in the Notice of Hearing The proposed amendment is part of domestic brandy producer, requesting (November 19, 1955; 20 FR 8574) to the Administration’s Reinventing an amendment of the regulations describe grape brandy not aged a Government effort to reduce regulatory concerning the labeling of grape brandy minimum of 2 years, including ‘‘young burdens and streamline requirements. which has never been stored in oak brandy’’, ‘‘substandard brandy’’, and DATES: Written comments must be containers. The petitioner wishes to ‘‘immature brandy’’. The last received on or before September 11, produce and market a clear, unaged designation was adopted in the final 1996. grape distillate which the petitioner rule. ATF and its predecessor agencies ADDRESSES: Send written comments to: states will have distinct varietal have historically taken the position that Chief, Wine, Beer and Spirits characteristics without the influence of the material from which a spirit is Regulations Branch; Bureau of Alcohol, wood extracts. According to the distilled is the determining factor Tobacco and Firearms; P.O. Box 50221; petitioner, aging such a distillate in oak insofar as the designation of the product Washington, DC 20091–0221; ATTN: containers for 2 years would remove is concerned. Since 1936, with the Notice No. 826. most, if not all, of the varietal character. The petitioner states that an amendment issuance of the first distilled spirits FOR FURTHER INFORMATION CONTACT: regulations promulgated under the FAA James P. Ficaretta, Wine, Beer and of the regulations is needed ‘‘so this style of brandy can be made and labeled Act, brandy has generally been defined Spirits Regulations Branch, Bureau of in the standards of identity as an Alcohol, Tobacco and Firearms, 650 in a manner that will not cause consumer deception or rejection based alcoholic distillate obtained from the Massachusetts Avenue, NW., fermented juice, mash, or wine of fruit, Washington, DC 20226 (202–927–8230). on the negative use of the word ‘immature’ as now required.’’ Therefore, or from the residue thereof, produced in SUPPLEMENTARY INFORMATION: the petitioner has requested an such manner that the distillate possesses the taste, aroma, and Background amendment of section 5.22(d)(1) that would add a new sentence that states: characteristics generally attributed to Section 105(e) of the Federal Alcohol the product. A newly distilled brandy Administration Act (FAA Act), 27 Grape brandy which has not been aged in has a characteristic taste and aroma, and wood and does not have added coloring may U.S.C. 205(e), vests broad authority in use the statement ‘unaged’ in lieu of aging does not change these basic the Director of ATF, as a delegate of the ‘immature’. properties. Although traditionally Secretary of the Treasury, to prescribe described as harsh, raw, etc., a newly regulations intended to prevent Discussion distilled brandy still has brandy deception of the consumer, and to The requirement to label grape brandy character. Likewise, a newly distilled provide the consumer with adequate which has not been stored in oak brandy will have the same congeners information as to the identity and containers for a minimum of 2 years as (e.g., esters, aldehydes, furfurals, etc.) as quality of the product. ‘‘immature’’ dates back to May 25, 1956, an aged brandy, although there will be Regulations which implement the with the publication in the Federal a difference in the amount present. provisions of section 105(e), as they Register of T.D. 6174 (21 FR 3535). The Aging in wood generally serves to relate to distilled spirits, are set forth in need for such rulemaking was brought reduce or remove the harsh, burning Title 27, Code of Federal Regulations out in the December 1, 1955, hearing taste and generally unpleasant character (CFR), Part 5. Subpart C of Part 5 sets which preceded T.D. 6174. In his of a brandy distillate obtained directly forth the standards of identity for opening remarks at that hearing the from the still. This results in a smoother distilled spirits for labeling and Director of the Alcohol and Tobacco Tax tasting and less harsh product.

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Although the material from which the thereof. Grape brandy stored in oak Disclosure spirits are distilled is the determining containers for any amount of time less Copies of this notice and the written factor in designating the product, ATF than 2 years must still be designated as comments will be available for public and its predecessors have required ‘‘immature’’. modifiers on the label to further inspection during normal business Finally, the petitioner asked that ATF hours at: ATF Public Reading Room, describe the final product. For example, prohibit the addition of coloring to an section 5.22(b)(1)(iii) provides that Room 6480, 650 Massachusetts Avenue, ‘‘unaged brandy’’. Under the current NW, Washington, DC. whisky which has been aged in oak regulations, § 5.23, harmless flavoring, containers for a minimum of 2 years blending, or coloring materials Drafting Information: The author of this must be further designated as ‘‘straight.’’ (including caramel) may be added to document is James P. Ficaretta, Wine, Beer In the matter at hand, a review of the any class and type of distilled spirits, and Spirits Regulations Branch, Bureau of Alcohol, Tobacco and Firearms. earlier rulemaking record indicates that within certain limitations, without the designation ‘‘immature brandy’’ for altering the class or type of the distilled List of Subjects in 27 CFR Part 5 newly distilled spirits aged less than 2 spirits. While ATF is not proposing to Advertising, Consumer protection, years in wood correctly describes the amend § 5.23, the Bureau is soliciting Customs duties and inspection, Imports, product, since the record shows that it comments on whether there should be Labeling, Liquors, Packaging and takes at least 2 years of aging to remove any restrictions on the addition of containers. the rawness from the brandy. harmless coloring, flavoring, or blending Proposed Regulatory Amendments materials in the case of unaged grape Authority and Issuance brandy. ATF believes that a distinction should ATF is proposing to amend Part 5 in be made in the labeling of ‘‘mature’’ Executive Order 12866 Title 27 of the Code of Federal grape brandy, i.e., brandy which has Regulations as follows: It has been determined that this been aged for at least 2 years, and proposed rule is not a significant ‘‘immature’’ grape brandy, i.e., brandy PART 5ÐLABELING AND regulatory action as defined in E.O. which has either never been aged or has ADVERTISING OF DISTILLED SPIRITS 12866. Therefore, a regulatory been aged for some period of time less assessment is not required. than 2 years. These distinctions are Par. 1. The authority citation for 27 necessary, pursuant to the Bureau’s Regulatory Flexibility Act CFR Part 5 continues to read as follows: responsibilities under the FAA Act, to Authority: 26 U.S.C. 5301, 7805; 27 U.S.C. It is hereby certified that this provide the consumer with adequate 205. proposed regulation will not have a information as to the identity and significant economic impact on a Par. 2. Section 5.22(d)(1) is amended quality of the product. On the other substantial number of small entities. by revising the third sentence to read as hand, the Bureau believes in reducing follows: the regulatory burden placed upon the The proposed rule is liberalizing in industry and providing industry nature in that brandy producers will § 5.22 The standards of identity. members with greater flexibility in the have greater choices in labeling their products. Accordingly, a regulatory * * * * * labeling of their products. This is (d) * * * consistent with the Administration’s flexibility analysis is not required. (1) * * * Fruit brandy, derived from Reinventing Government effort to Public Participation grapes, shall be designated as ‘‘grape reduce regulatory burdens and brandy’’ or ‘‘brandy’’, except that in the streamline requirements. ATF requests comments on the ATF also believes that the word proposed regulations from all interested case of brandy (other than neutral ‘‘unaged’’ accurately describes a grape persons. Comments received on or brandy, pomace brandy, marc brandy or brandy which has never been stored in before the closing date will be carefully grappa brandy) distilled from the oak containers and, as such, is equally considered. Comments received after fermented juice, mash, or wine of as informative to consumers than the that date will be given the same grapes, or the residue thereof: which has designation ‘‘immature.’’ Therefore, the consideration if it is practical to do so, been stored in oak containers for some Bureau is proposing to require grape but assurance of consideration cannot period of time less than 2 years, the brandy that has never been aged in be given except as to comments received statement of class and type shall be wood to be labeled either ‘‘immature’’ or on or before the closing date. immediately preceded, in the same size ‘‘unaged’’. ATF believes that either ATF will not recognize any material and kind of type, by the word word on the label will provide in comments as confidential. Comments ‘‘immature’’; or which has never been consumers with adequate information as may be disclosed to the public. Any stored in oak containers, the statement to the identity of the product. material which the commenter of class and type shall be immediately Nevertheless, ATF is interested in considers to be confidential or preceded, in the same size and kind of comments on whether the continued inappropriate for disclosure to the type, by the word ‘‘immature’’ or use of ‘‘immature’’ to describe brandy public should not be included in the ‘‘unaged’’. * ** that has never been aged and brandy comment. The name of the person * * * * * that has been aged for some time but submitting a comment is not exempt Par. 3. Section 5.40 is amended by less than 2 years could lead to consumer from disclosure. revising the first sentence in paragraph confusion. Furthermore, brandy Any interested person who desires an (b) and the second proviso in paragraph producers will have greater choices in opportunity to comment orally at a (e)(2) to read as follows: labeling their products. public hearing should submit his or her The proposal applies to grape brandy request, in writing, to the Director § 5.40 Statements of age and percentage. (other than neutral brandy, pomace within the 90-day comment period. The * * * * * brandy, marc brandy, or grappa brandy) Director, however, reserves the right to (b) Statements of age for rum, brandy, distilled from the fermented juice, determine, in light of all circumstances, and Tequila. Age may, but need not, be mash, or wine of grapes, or the residue whether a public hearing is necessary. stated on labels of rums, brandies, and

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Tequila, except that an appropriate SUMMARY: Pursuant to the President’s juice of any fruit. Section 5511 also statement with respect to age shall regulatory reform initiative, the Bureau places certain restrictions on the appear on the brand label in the case of of Alcohol, Tobacco and Firearms (ATF) manufacture of volatile fruit-flavor brandy (other than immature or unaged is proposing to amend the regulations in concentrate. Pursuant to section brandies, as provided in § 5.22(d)(1), 27 CFR Part 18. The proposed 5511(1), the concentrate, and the mash and fruit brandies which are not amendment would specifically or juice from which it is produced, must customarily stored in oak containers) authorize the transfer of volatile fruit- contain no more alcohol than is not stored in oak containers for a period flavor concentrate (VFFC) unfit for reasonably unavoidable in the of at least 2 years. * ** beverage use from one VFFC plant to manufacture of such concentrate. * * * * * another for further processing. The Section 5511(2) provides that the (e) * * * proposed amendment would clarify the concentrate must be rendered unfit for (2) * * * And provided further, That regulations in order to allow greater use as a beverage before removal from the labels of whiskies and brandies flexibility in the production processes of the place of manufacture; however, (except immature or unaged brandies, as VFFC plants. concentrate which is fit for beverage use provided in § 5.22(d)(1)) not required to DATES: Written comments must be and which does not exceed 24 percent bear a statement of age, and rum and received on or before August 12, 1996. alcohol by volume may be transferred to Tequila aged for not less than 4 years, ADDRESSES: Submit written comments a bonded wine cellar for use in may contain general inconspicuous age, to: Chief, Wine, Beer, and Spirits production of natural wine. Finally, maturity or similar representations Regulations Branch, Bureau of Alcohol, section 5511(3) authorizes the Secretary without the label bearing an age Tobacco and Firearms, P.O. Box 50221, to prescribe such regulations as are statement. Washington, DC 20091–0221. ATTN: necessary for the protection of the Par. 4. Section 5.65(c) is amended by Notice No. 823. revenue regarding applications, records, revising the last sentence to read as FOR FURTHER INFORMATION CONTACT: reports, bonds, and other requirements follows: Mary A. Wood, Wine, Beer, and Spirits with respect to the production, removal, sale, transportation, and use of § 5.65 Prohibited practices. Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, 650 concentrate and the mash or juice from * * * * * Massachusetts Avenue NW.ca which the concentrate is produced. Volatile fruit-flavor concentrate which (c) Statement of age. * * * An a13jn2.071, Washington, DC 20226; is produced in accordance with the advertisement for any whisky or brandy (202) 927–8210. (except immature or unaged brandies, as requirements of the regulations is not provided in § 5.22(d)(1)) which is not SUPPLEMENTARY INFORMATION: subject to the distilled spirits or wine required to bear a statement of age on Background excise tax. However, section 5001(a)(6) the label or an advertisement for any provides for the imposition of tax on rum or Tequila, which has been aged for On February 21, 1995, President any volatile fruit-flavor concentrate (or not less than 4 years may, however, Clinton announced a regulatory reform any fruit mash or juice from which such contain inconspicuous, general initiative. As part of this initiative, each concentrate is produced) containing representations as to age, maturity or Federal agency was instructed to one-half of 1 percent or more of alcohol other similar representations even conduct a page by page review of all by volume, which is manufactured free though a specific age statement does not agency regulations to identify those from tax under section 5511, and is then appear on the label of the advertised which are obsolete or burdensome and sold, transported, or used by any person product and in the advertisement itself. those whose goals could be better in violation of Chapter 51 or the achieved through the private sector, regulations promulgated thereunder. * * * * * self-regulation or state and local Signed: April 25, 1996. governments. In cases where the Proposed Amendment Bradley A. Buckles, agency’s review disclosed regulations The current regulations in 27 CFR Acting Director. which should be revised or eliminated, 18.54(a) allow the transfer of volatile Approved: May 15, 1996. the agency would, as soon as possible, fruit-flavor concentrate (‘‘concentrate’’) Dennis M. O’Connell, propose administrative changes to its which is unfit for beverage use for any Acting Deputy Assistant Secretary, regulations. purpose authorized by law. However, (Regulatory, Tariff and Trade Enforcement). The page by page review of all ATF recently received a request from a [FR Doc. 96–14859 Filed 6–12–96; 8:45 am] regulations was completed as directed VFFC producer as to whether a BILLING CODE 4810±31±U by the President. In addition, on April concentrate unfit for beverage use could 13, 1995, the Bureau published Notice be transferred from one VFFC plant to No. 809 (60 FR 18783) in the Federal another for further processing. Bureau of Alcohol, Tobacco and Register requesting comments from the Apparently it was more cost-effective Firearms public regarding which ATF regulations for the second VFFC plant to conduct could be improved or eliminated. No the processing operation at issue. While 27 CFR Part 18 comments were received regarding 27 the transfer of the concentrate was [Notice No. 823] CFR part 18, Production of Volatile clearly authorized by current Fruit-Flavor Concentrate; however, ATF regulations, since the concentrate was RIN 1512±AB59 is proposing a clarifying amendment to unfit for beverage use, there was nothing this part based on a variance request in the current regulations which Production of Volatile Fruit-Flavor received from a volatile fruit-flavor specifically authorized the second VFFC Concentrate (95R±026P) concentrate (VFCC) producer. plant to receive concentrate for further AGENCY: Bureau of Alcohol, Tobacco The Internal Revenue Code of 1986, processing. and Firearms (ATF), Department of the 26 U.S.C. 5511, authorizes the The existing regulations in section Treasury. manufacture of volatile fruit-flavor 18.51 allow proprietors to receive concentrate by any process which processing material which is produced ACTION: Notice of proposed rulemaking. includes evaporations from the mash or elsewhere, subject to certain restrictions

VerDate 29-MAY-96 21:54 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\P13JN2.PT1 13jnp1 30018 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules and recordkeeping requirements. ATF will not recognize any material 0046 and 1512–0098. The proposed However, the term ‘‘processing as confidential. Any material which the amendment is not expected to result in material’’ is defined in section 18.11 to commenter considers to be confidential any change in the total number of mean ‘‘[t]he fruit mash or juice from or inappropriate for disclosure should burden hours. which concentrate is produced.’’ This not be included in the comment. The Drafting Information: The principal author definition does not include concentrate name of the person submitting the of this document is Mary A. Wood of the intended for further processing. The comment is not exempt from disclosure. Wine, Beer, and Spirits Regulations Branch, regulations in section 18.56 authorize a Any interested person who desires an Bureau of Alcohol, Tobacco and Firearms. VFFC producer to accept the return of opportunity to comment orally at a a shipment of concentrate shipped by it, public hearing should submit a request, List of Subjects in 27 CFR Part 18 and provide recordkeeping and in writing, to the Director within the 60- Administrative practice and reporting requirements regarding the day comment period. The Director, procedure, Authority delegations, returned concentrate. However, these however, reserves the right to Excise taxes, Exports, Labeling, regulations do not specifically authorize determine, in light of all circumstances, Reporting requirements, Security the proprietor to accept concentrate whether a public hearing will be measures, Spices and flavorings, Stills, from another proprietor for further scheduled. and Surety bonds. processing. Written comments will be available In response to the request from the for public inspection during normal Authority and Issuance VFFC producer, ATF determined that business hours at the following address: nothing in the Internal Revenue Code or ATF Reading Room, Office of Public ATF is proposing to amend Part 18 in existing regulations precludes one VFFC Affairs and Disclosure, Room 6480, 650 Title 27 of the Code of Federal proprietor from accepting concentrate Massachusetts Avenue, NW, Regulations as follows: from another VFFC proprietor for Washington, DC. further processing. However, since the PART 18ÐPRODUCTION OF existing regulations do not specifically Regulatory Flexibility Act VOLATILE FRUIT-FLAVOR authorize such an operation, ATF is It is hereby certified that this CONCENTRATE proposing to amend section 18.56 to proposed regulation, if implemented as specifically allow a proprietor to accept a final rule, will not have a significant Par. 1. The authority citation for Part concentrate which is unfit for beverage economic impact on a substantial 18 continues to read as follows: use for further processing. Such number of small entities. The proposed Authority: 26 U.S.C. 5001, 5172, 5178, concentrate will be subject to the amendment would liberalize the 5179, 5203, 5511, 5552, 6065, 7805; 44 U.S.C. existing recordkeeping and reporting regulations to add a provision that will 3504(h). requirements for concentrate which is allow for the transfer of concentrate returned to the proprietor. ATF believes from one VFFC plant to another for Par. 2. Section 18.56 is revised to read that the proposed amendment will further processing. Accordingly, a as follows: clarify to VFFC proprietors that the regulatory flexibility analysis is not § 18.56 Receipt of concentrate. transfer of concentrate from one plant to required because the proposal, if another for further processing is promulgated as a final rule, will not (a) General. The proprietor of a allowed, as long as the concentrate have a significant economic impact on concentrate plant may accept the return meets the definition of a concentrate a substantial number of small entities. of concentrate that it shipped. In unfit for beverage use at the time it Pursuant to section 7805(f) of the addition, concentrate that is unfit for leaves the place of manufacture. This Internal Revenue Code, this proposed beverage use may be received from liberalizing amendment will allow regulation has been submitted to the another concentrate plant for further VFFC proprietors greater flexibility in Chief Counsel for Advocacy of the Small processing in accordance with this part. production operations without Business Administration for comment (b) Record of concentrate received. jeopardizing the revenue in any way. on its impact on small business. When concentrate is received, the Other Possible Changes Executive Order 12866 proprietor shall record the receipt, including the name of the consignor and ATF also solicits public comment It has been determined that this a notation regarding any loss in transit concerning other possible changes to the proposed regulation is not a significant or other discrepancy. regulations in Part 18, such as regulatory action as defined in amendments which would authorize Executive Order 12866. Accordingly, (c) Report of concentrate received. VFFC plants to alternate the use of their this proposal is not subject to the The quantity of concentrate received premises so as to operate temporarily as analysis required by this Executive shall be reported on an unused line on a distilled spirits plant, bonded winery, Order. the annual report, ATF Form 1695 or other regulated facility. Comments on (5520.2). Paperwork Reduction Act this proposal, as well as any other (Approved by the Office of Management and suggestions, are welcome. Under the Paperwork Reduction Act Budget under control numbers 1512–0046 of 1995, no persons are required to and 1512–0098). Public Participation respond to a collection of information Signed: May 20, 1996. ATF requests written comments from unless it displays a valid OMB control John W. Magaw, all interested persons. All comments number. The collections of information Director. received on or before the closing date contained in the regulations proposed to will be carefully considered. Comments be amended by this notice have been Approved: May 24, 1996. received after that date will be given the previously reviewed and approved by John P. Simpson, same consideration if it is practical to the Office of Management and Budget in Deputy Assistant Secretary (Regulatory, Tariff do so, but assurance of consideration accordance with the Paperwork and Trade Enforcement). cannot be given except as to comments Reduction Act of 1980 (44 U.S.C. [FR Doc. 96–14860 Filed 6–12–96; 8:45 am] received on or before the closing date. 3504(h)) under control numbers 1512– BILLING CODE 4810±31±U

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27 CFR Part 20 ATF solicits comments on the Executive Order 12866 following issues: [Notice No. 827] It has been determined that this (1) Are specific regulations in Part 20 proposed regulation is not a significant RIN 1512±AB57 duplicative and unnecessary? Can regulatory action as defined in specific sections of the regulations be Distribution and Use of Denatured Executive Order 12866. Accordingly, combined to eliminate such Alcohol and Rum (95R±028P) this proposal is not subject to the duplication? analysis required by this Executive AGENCY: Bureau of Alcohol, Tobacco (2) Can the permit application, Order. and Firearms (ATF), Department of the approved formula or statement of Drafting Information: The principal author Treasury. process, or loss claim requirements in of this document is Mary A. Wood of the ACTION: Advance notice of proposed these regulations be made more Wine, Beer, and Spirits Regulations Branch, rulemaking. streamlined, while continuing to Bureau of Alcohol, Tobacco and Firearms. provide adequate safeguards to the SUMMARY: Pursuant to the President’s List of Subjects in 27 CFR Part 20 revenue? regulatory reform initiative, ATF is Administrative practice and (3) Can the labeling requirements for conducting a complete review of all procedure, Advertising, Alcohol and articles or packages of specially Federal government regulations relating alcohol beverages, Authority denatured spirits be simplified? to the distribution and use of denatured delegations, Claims, Excise taxes, alcohol and rum. ATF believes that the (4) Are there any other suggestions for Reporting and recordkeeping regulations can be modernized and providing flexibility in the provisions in requirements, Surety bonds. simplified since the last major revision Part 20, including the recovery of in 1985. denatured spirits and the reuse of the Authority and Issuance ATF is issuing this advance notice to recovered spirits. This advance notice of proposed solicit comments on ways in which the (5) Overall, ATF would like to solicit rulemaking is issued under the regulations can be simplified so as to general comments on ways in which it authority in 26 U.S.C. 5001, 5206, 5214, greatly reduce or eliminate unnecessary could reduce recordkeeping paperwork 5241–5276, 5311, 5552, 5555, 5607, regulatory burdens on industry and/or simplify procedures, while 6065, 7805. members, while continuing to provide continuing to maintain adequate adequate protection of the revenue. Signed: May 17, 1996. safeguards to the revenue. DATES: Comments must be submitted by Bradley A. Buckles, August 12, 1996. (6) Finally, under the current Acting Director. regulations, ATF may grant a ADDRESSES: Submit all comments to: Approved: May 24, 1996. Chief, Wine, Beer, and Spirits permittee’s request for an alternate method or procedure as a variance from John P. Simpson, Regulations Branch; Bureau of Alcohol, Deputy Assistant Secretary (Regulatory, Tariff Tobacco and Firearms; P.O. Box 50221; some regulatory requirements. ATF is interested in comments from permittees and Trade Enforcement). Washington, DC 20091–0221. ATTN: [FR Doc. 96–14858 Filed 6–12–96; 8:45 am] Notice No. 827. concerning their experience with such variances and whether these regulations BILLING CODE 4810±31±P FOR FURTHER INFORMATION CONTACT: should be revised to incorporate some of Mary A. Wood; Wine, Beer, and Spirits the practices authorized by existing 27 CFR Part 22 Regulations Branch; Bureau of Alcohol, variances. Tobacco and Firearms; 650 Massachusetts Avenue, NW; Participation [Notice No. 828] Washington, DC 20226; (202) 927–8210. ATF requests comments from all SUPPLEMENTARY INFORMATION: interested persons. All comments RIN 1512±AB51 received on or before the closing date Background Distribution and Use of Tax-Free will be carefully considered. Comments Alcohol (95R±030P) ATF wishes to solicit comments from received after that date will be given the the public on its proposal to conduct a same consideration if it is practical to AGENCY: Bureau of Alcohol, Tobacco complete review of the regulatory do so, but assurance of consideration requirements in Part 20 pertaining to the and Firearms (ATF), Department of the cannot be given except as to comments Treasury. distribution and use of denatured received on or before the closing date. alcohol and rum. ATF aims to eliminate, ACTION: Notice of proposed rulemaking. revise, or simplify the regulations where ATF will not recognize any material SUMMARY: Pursuant to the President’s necessary. ATF believes that the current as confidential. Comments may be regulatory reform initiative, the Bureau regulations may contain unnecessary disclosed to the public. Any material of Alcohol, Tobacco and Firearms (ATF) provisions and ATF desires to delete which the commenter considers to be is proposing revisions in this notice to regulatory requirements which have confidential or inappropriate for eliminate and liberalize certain become obsolete. disclosure should not be included in the ATF wants to ensure that the comment. The name of the person regulatory requirements relating to tax- regulations provided for in this part are submitting the comment is not exempt free alcohol. ATF believes that these made as simple as possible, while still from disclosure. proposed revisions will greatly reduce providing the necessary protection to During the comment period, any and simplify the qualification process the revenue. In updating the regulations, person may request an opportunity to governing the tax-free alcohol permit primary emphasis will be given to the present oral testimony at a public application process. simplification of procedures for hearing. However, the Director reserves DATES: Written comments must be qualifying as a denatured alcohol and the right, in light of all circumstances, received on or before August 12, 1996. rum distributor and user or for keeping to determine if a public hearing is ADDRESSES: Submit written comments records and filing reports. necessary. to: Chief, Wine, Beer, and Spirits

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Regulations Branch; Bureau of Alcohol, manufactured from or containing tax- person submitting the application. ATF Tobacco and Firearms; P.O. Box 50221; free alcohol. Any permittee who uses is, therefore, proposing that regulatory Washington, DC 20091–0221. ATTN: tax-free alcohol in a manner that provisions be made that will allow the Notice No. 828. violates the laws and regulations regional director (compliance) to waive FOR FURTHER INFORMATION CONTACT: becomes liable for the tax and other detailed applications with supporting Mary A. Wood, Wine, Beer, and Spirits provisions of the Internal Revenue Code data for all applicants. The regulations Regulations Branch; Bureau of Alcohol, of 1986, 26 U.S.C. 5001(a)(4). will continue to recognize the current Tobacco and Firearms; 650 ATF believes that the present bond waiver category of applicants who are Massachusetts Avenue, NW; requirements are unnecessary and the governmental entities and the waiver Washington, DC 20226; (202) 927–8210. qualification requirements can be category based on the 1,500 proof gallon effectively streamlined. Therefore, ATF annual withdrawal and usage is SUPPLEMENTARY INFORMATION: is proposing to delete the bond encompassed by the proposed amended Background requirements and revise the regulation. qualification requirements for obtaining There are certain registration a permit to withdraw and use tax-free Public Participation requirements under the law and its alcohol and is soliciting public ATF requests written comments from implementing regulations that must be comments on them. all interested persons. All comments met prior to the issuance of a permit to received on or before the closing date withdraw and use tax-free alcohol. Bonds and Consents of Surety will be carefully considered. Comments Depending upon the class of the Section 5272 of the Internal Revenue received after that date will be given the applicant, these registration Code of 1986 provides that bond same consideration if it is practical to requirements may include the coverage may be required as part of the do so, but assurance of consideration submission of a detailed application and tax-free alcohol permit qualification cannot be given except as to comments supporting data, the payment of special process. Subpart E of the implementing received on or before the closing date. (occupational) tax (SOT) and the regulations at 27 CFR Part 22, requires ATF will not recognize any material acquisition of bond coverage. Once such every applicant, with certain as confidential. Any material which the registration requirements are met, the exceptions, to obtain a bond prior to the commenter considers to be confidential applicant is issued a tax-free alcohol issuance of a permit. In 1985, the tax- or inappropriate for disclosure should users permit and may commence free regulations were revised and the not be included in the comment. The conducting any of the uses authorized exemption from bond coverage was name of the person submitting the under the law and regulations for tax- expanded. See, T.D. ATF–199, 50 Fed. comment is not exempt from disclosure. free alcohol permittees. The permittee is Reg. 9152 (March 6, 1985). Under those Any interested person who desires an allowed to purchase and acquire alcohol revisions, the percentage of users of tax- opportunity to comment orally at a from a registered distilled spirits plant free alcohol who were exempt from public hearing should submit his or her (DSP) free of the excise tax payments filing a surety bond increased from 36 request, in writing, to the Director normally required to be made by the percent under the prior regulations to 75 within the 60-day comment period. The DSP proprietor. percent under the adopted regulations. Director, however, reserves the right to For this reason, tax-free alcohol Based on the post-1985 experience in determine, in light of all circumstances, authorized uses and users are limited or administering Part 22, ATF believes that whether a public hearing will be restricted under the law. Tax-free bond coverage should no longer be scheduled. alcohol may not be withdrawn and used required of any applicant for a tax-free Written comments will be available for beverage purposes, in food products, alcohol permit. for public inspection during normal or in any preparation used in preparing Additionally, ATF believes that business hours at the following address: beverage or food products. Tax-free elimination of the bond requirement ATF Reading Room, Office of Public alcohol may not be sold, used in the under Subpart E will result in Affairs and Disclosure, Room 6480, 650 manufacture of any product for sale, or substantially reduced administrative Massachusetts Avenue, NW, sold in any product resulting from the and financial burdens on the tax-free Washington, DC. use of tax-free alcohol. Finally, tax-free alcohol permittees. alcohol or products resulting from the Regulatory Flexibility Act use of tax-free alcohol may not be Qualification It is hereby certified that this removed from the permit premises. Section 5271 of the Internal Revenue proposed regulation will not have a Authorized users of tax-free alcohol Code of 1986 requires the submission of significant economic impact on a include any State or political an application before a permit may be substantial number of small entities. subdivision of a State, or the District of issued to procure and use tax-free The regulations will give ATF specific Columbia acquiring the alcohol for alcohol. Current regulations require the regulatory authority to relax and remove nonbeverage purposes. Tax-free alcohol submission of a detailed application certain registration requirements. The may also be used by any educational with supporting data by all applicants. regulations will not increase organization (exempt from income tax), The regional director (compliance) is recordkeeping or reporting scientific university or college of authorized to waive some of the detailed requirements. Accordingly, a regulatory learning, laboratory for use exclusively data for applicants who are a State, flexibility analysis is not required in scientific research, hospital, blood political subdivisions thereof or the because the proposal, if promulgated as bank, sanitarium, pathological District of Columbia or whose annual a final rule, will not have a significant laboratory exclusively engaged in withdrawal and usage of tax-free alcohol economic impact on a substantial making analyses, or tests, for hospitals will not exceed 1,500 proof gallons. number of small entities. or sanitariums, or clinic operated for ATF believes that this waiver should charity and not for profit. These be available to all applicants when the Executive Order 12866 permittees are unique in that they are regional director (compliance) It has been determined that this not engaged in the business of selling concludes that the revenue is proposed regulation is not a significant tax-free alcohol or any product adequately protected with respect to the regulatory action as defined in

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Executive Order 12866. Accordingly, § 22.43 Exceptions to application Signed: May 8, 1996. this proposal is not subject to the requirements. Bradley A. Buckles, analysis required by this Executive (a) * * * Acting Director. Order. (2) Applications, Form 5150.22, filed Approved: May 24, 1996. by applicants where the regional Paperwork Reduction Act John P. Simpson. director (compliance) has determined The provisions of the Paperwork that the waiver of such requirements Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement). Reduction Act of 1980, Pub. L. 96–511, does not pose any jeopardy to the 44 U.S.C. Chapter 35, and its revenue or a hindrance of the effective [FR Doc. 96–14850 Filed 6–12–96; 8:45 am] implementing regulations, 5 CFR Part administration of this part. BILLING CODE 4810±13±U 1320, do not apply to this notice (b) The waiver provided for in this because no new information collection section will terminate for a permittee, 27 CFR Part 250 requirements are being proposed. other than States or political The existing collections of subdivisions thereof or the District of [Notice No. 825] information contained in this notice of Columbia, when the permittee files an RIN: 1512±AB50 proposed rulemaking have been application to amend the permit and the previously reviewed and approved by regional director (compliance) Liquors and Articles From Puerto Rico the Office of Management and Budget in determines that the conditions justifying and the Virgin Islands (1512±AB50) accordance with the requirements of the the waiver no longer exist. In this case, Paperwork Reduction Act of 1980 (44 the permittee will furnish the AGENCY: Bureau of Alcohol, Tobacco U.S.C. 3504(h) under control numbers information in respect to the previously and Firearms (ATF), Department of the 1512–0334 and 1512–0335. waived items, as provided in Treasury. Drafting Information: The principal drafter § 22.57(a)(2). ACTION: Advance notice of proposed of this document is Mary A. Wood of the rulemaking. Wine, Beer, and Spirits Regulations Branch, § 22.59 [Amended] SUMMARY: Bureau of Alcohol, Tobacco, and Firearms. Par. 7. In § 22.59, the second sentence ATF is considering the of the section is removed. revision and recodification of the List of Subjects in 27 CFR Part 22 regulations regarding liquors and Administrative practice and § 22.60 [Amended] articles (hereinafter ‘‘alcoholic procedure, Advertising, Alcohol and Par. 8. Section 22.60 is amended as products’’) which are brought into the alcohol beverages, Authority delegations follows: United States from Puerto Rico or the Virgin Islands. The purpose of the (Government agencies), Claims, Excise 1. Paragraph (b) is removed. proposed revision/recodification is to taxes, Reporting and recordkeeping 2. Paragraph (c) is redesignated as requirements, Surety bonds. update and simplify the regulations in paragraph (b). 27 CFR Part 250 and to reissue those Authority and Issuance 3. Paragraph (d) is redesignated as regulations as part of the same chapter. paragraph (c). ATF is proposing to amend Part 22 in ATF is issuing this advance notice to Title 27 of the Code of Federal § 22.62 [Amended] solicit comments on its proposal to Regulations as follows: eliminate application and transaction Par. 9. Section 22.62 is amended by forms required to be submitted by the removal of the last sentence in the PART 22ÐDISTRIBUTION AND USE OF persons who bring alcoholic products section. TAX-FREE ALCOHOL into the United States from Puerto Rico. § 22.63 [Amended] Comments are also being solicited on Par. 1. The authority citation for Part proposals to coordinate with the U.S. 22 continues to read as follows: Par. 10. Section 22.63 is amended as Customs Service to reduce duplicate follows: efforts involving shipments of Authority: 26 U.S.C. 5001, 5121, 5142, 1. Paragraph (b) is removed. 5143, 5146, 5206, 5214, 5271–5276, 5311, merchandise from Puerto Rico to the 5552, 5555, 6056, 6061, 6065, 6109, 6151, 2. The paragraph letter and title ‘‘(a) United States. ATF would also like to 6806, 7011, 7805; 31 U.S.C. 9304, 9306. Permit.’’ designation is removed. receive comments regarding other suggestions for reducing or eliminating § 22.21 [Amended] § 22.68 [Amended] unnecessary regulatory burdens on Par. 2. Section 22.21(a) is amended by Par. 11. Section 22.68 is amended as proprietors in both Puerto Rico and the removing the word ‘‘bonds,’’ from the follows: United States while continuing to first sentence. 1. Paragraph (b) is removed. provide adequate protection to the 2. The paragraph letter and title ‘‘(a) § 22.25 [Removed] revenue. Notice.’’ designation is removed. DATES: Written comments must be Par. 3. Section 22.25 is removed. received on or before September 11, Subpart E [Removed and Reserved] § 22.26 [Redesignated] 1996. Par. 4. Section 22.26 is redesignated Par. 12. Subpart E (Bonds and ADDRESSES: Comments must be as § 22.25. Consent of Surety) is removed and submitted to the Chief, Wine, Beer, and reserved. Spirits Branch, P.O. Box 50221, § 22.27 [Redesignated] Washington, DC 20091–0221. ATTN § 22.152 [Amended] Par. 5. Section 22.27 is redesignated Notice No. 825. as § 22.26. Par. 13. Section 22.152 is amended as FOR FURTHER INFORMATION CONTACT: follows: Tami Light, Wine, Beer and Spirits § 22.43 [Amended] 1. Paragraph (b) is removed. Branch, Bureau of Alcohol, Tobacco and Par. 6. In § 22.43, paragraphs (a)(2) 2. Paragraph (c) is redesignated as Firearms, Washington, DC 20226, (202) and (b) are revised as follows: paragraph (b). 927–8210.

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SUPPLEMENTARY INFORMATION: United States when such products are (6) ATF would like specific comments Background shipped from Puerto Rico, however, the on the experience of the industry with responsibilities of Customs with respect respect to any duplicative regulatory Pursuant to section 7652 of the to shipments from the Virgin Islands efforts by ATF and the U.S. Customs Internal Revenue Code of 1986, would remain unchanged. Service on shipments of distilled spirits alcoholic products of Puerto Rican Under current regulations, before from Puerto Rico to the United States. manufacture which are brought into the distilled spirits, wine or beer may be United States for consumption or sale, (7) Finally, under the current shipped from Puerto Rico to the United regulations, ATF may grant an industry and alcoholic products coming into the States, an application on ATF Form United States from the Virgin Islands, member’s request for an alternate 5110.51, Application, Permit and method or procedure as a variance from are subject to a tax equal to the tax Report-Wine and Beer (Puerto Rico), imposed on similar products of some regulatory requirements. ATF is must be submitted and a permit interested in comments from industry domestic manufacturer. received to verify computation of the Under section 5232, distilled spirits members concerning their experience internal revenue tax. After tax brought into the United States in bulk with such variances and whether these determination, a second application and containers from Puerto Rico or the regulations should be revised to permit on ATF Form 487–B (5170.5) Virgin Islands may be withdrawn from incorporate some of the practices Application and Permit to Ship Liquors Customs custody and transferred to the authorized by existing variances. and Articles of Puerto Rican bonded premises of a distilled spirits Manufacturer Taxpaid to the United Public Participation plant without payment of tax. States, is required in order to ship the On September 8, 1992, ATF published ATF requests comments from all taxpaid or tax determined products to in the Federal Register an advanced interested persons. All comments the United States. notice of proposed rulemaking, Notice received on or before the closing date No. 751, 57 FR 40885, in order to solicit ATF is considering ways to reduce will be carefully considered. Comments comments on its proposal to review and paperwork and simplify the procedures received after the closing date will be update the regulations pertaining to for shipping distilled spirits, beer or given the same consideration if it is shipments of alcoholic products from wine from Puerto Rico to the United practical to do so, but assurance of Puerto Rico or the Virgin Islands to the States. We would like comments on the consideration cannot be given except as United States, and plans to recodify and following proposals: to comments received on or before the reissue such regulations now in 27 CFR (1) Should the regulations be closing date. part 250 as part 26 of the same chapter. amended to permit the proprietor of qualified premises in Puerto Rico to ATF will not recognize any material In response to Notice No. 751, two or comments as confidential. All favorable comments were received from maintain a record of tax determination in lieu of the application and permit to comments submitted in response to this the Jim Beam Co. (Beam) and the advance notice will be available for National Association of Beverage compute the tax? ATF is proposing that, in lieu of the initial application and public inspection during normal Importers, Inc. In general, both of these business hours at: ATF Public Reading comments supported ATF’s proposed permit currently required to compute the tax, a record of tax determination be Room, room 6480, 650 Massachusetts simplification of application and Avenue NW., Washington, DC. Any recordkeeping requirements. In kept by the proprietor containing sufficient information to allow an ATF material that the commenter considers addition, Beam supported ATF’s confidential or inappropriate for proposed coordination with the U.S. officer to verify the tax liability represented by the document. disclosure to the public should not be Customs Service to streamline included in the comment. The name of regulation of Puerto Rican products. (2) Should the regulations be amended to allow such record of tax the person submitting a comment is not Given ATF’s continued interest in these exempt from disclosure. proposals, the relative lack of comments determination to be an invoice, bill of received during its initial airing, and the lading, or other commercial document Executive Order 12866 length of time since these issues were which would contain the necessary data It has been determined that this first considered, ATF is reairing its elements? proposed regulation is not a significant proposal in its entirety to give industry (3) If ATF adopts the above proposals regulatory as defined by Executive and concerned citizens another what additional safeguards to the Order 12866. Accordingly, this proposal opportunity to comment. revenue would be necessary? (4) Do the current provisions in part is not subject to the analysis required by Proposals 250 adequately address the bulk this Executive Order. ATF would like to reorganize the shipment of distilled spirits from Puerto Drafting Information: The principal author regulations to eliminate often lengthy Rico to the United States? ATF is of this document is Tami Light of the Wine, duplication of requirements that apply interested in whether or not the Beer and Spirits Branch, Bureau of Alcohol, equally to operations in Puerto Rico and regulations reflect the current Tobacco and Firearms. the Virgin Islands. We are considering technology or shipment and distribution List of Subjects in 27 CFR Part 250 deleting many regulatory requirements practices in this area. which may be unnecessary. (5) In this advance notice, ATF would Administrative practice and In updating the regulations, primary like to solicit comments on specific procedure, Alcohol and alcoholic emphasis will be given to the ways in which it could reduce beverages, Authority delegations, Beer, simplification of procedures for the paperwork, simplify existing procedures Customs duties and inspection, taxpayment and shipment of alcoholic and eliminate unnecessary regulations Electronic fund transfers, Excise taxes, products from Puerto Rico to the United in any area concerning Puerto Rico or Liquors, Packaging and containers, States. ATF is also considering the Virgin Islands that is currently Puerto Rico, Reporting and proposals to coordinate with the U.S. covered in part 250, while continuing to recordkeeping requirements, Surety Customs Service to reduce duplicate maintain adequate safeguards to the bonds, Transportation, Virgin Islands, efforts at the port of arrival in the revenue. Warehouses, Wine.

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Authority: This advance notice of inspection at: Regulation Development ADDRESSES: Written comments on this proposed rulemaking is issued under the Section, Air Programs Branch (AR–18J), action should be addressed to Marcia L. authority in 26 U.S.C. 7805. U.S. Environmental Protection Agency, Spink, Associate Director, Air Programs, Signed: May 17, 1996. Region 5, 77 West Jackson Boulevard, Mailcode 3AT00, U.S. Environmental Bradley A. Buckles, Chicago, Illinois 60604. Protection Agency, Region III, 841 Acting Director. FOR FURTHER INFORMATION CONTACT: Chestnut Building, Philadelphia, Approved: May 24, 1996. David Pohlman, Regulation Pennsylvania 19107. Copies of the documents relevant to this action are John P. Simpson. Development Section, Air Programs Branch (AR–18J), U.S. Environmental available for public inspection during Deputy Assistant Secretary (Regulatory, Tariff normal business hours at the Air, and Trade Enforcement). Protection Agency, Region 5, 77 West Radiation, and Toxics Division, U.S. [FR Doc. 96–14852 Filed 6–12–96; 8:45 am] Jackson Boulevard, Chicago, Illinois 60604, (312) 886–3299. Environmental Protection Agency, BILLING CODE 4810±31±U Region III, 841 Chestnut Building, SUPPLEMENTARY INFORMATION: For Philadelphia, Pennsylvania 19107 and additional information see the direct the Virginia Department of final rule published in the rules section ENVIRONMENTAL PROTECTION Environmental Quality, 629 East Main of this Federal Register. AGENCY Street, Richmond, Virginia 23219. Dated: May 15, 1996. 40 CFR Part 52 FOR FURTHER INFORMATION CONTACT: Valdas V. Adamkus, Marcia L. Spink, (215) 566–2104. [IN59±1±7217b; FRL±5510±8] Regional Administrator. SUPPLEMENTARY INFORMATION: See the information provided in the Direct Final Approval and Promulgation of [FR Doc. 96–14962 Filed 6–12–96; 8:45 am] action of the same title which is located Implementation Plans; Indiana BILLING CODE 6560±50±P in the Rules and Regulations Section of AGENCY: Environmental Protection this Federal Register. Agency (EPA). 40 CFR Part 52 Authority: 42 U.S.C. 7401–7671q. ACTION: Proposed rule. Dated: May 17, 1996. [VA010±5545b; FRL±5514±7] SUMMARY: On August 29, 1995, the State W. Michael McCabe, Regional Administrator, Region III. of Indiana submitted a State Approval and Promulgation of Air [FR Doc. 96–14966 Filed 6–12–96; 8:45 am] Implementation Plan (SIP) revision Quality Implementation Plans; Virginia; request to the EPA for rule changes Proposed Approval of Alternative BILLING CODE 6560±50±P specific to Allison Engine Company Compliance Plans for the Reynolds (Allison) plants 5 and 8 located in Metals Graphic Arts Plants Marion County, Indiana. The EPA 40 CFR Part 52 proposes to approve Indiana’s request. AGENCY: Environmental Protection [IN61±1±7230b; FRL±5509±6] In the final rules section of this Federal Agency (EPA). Register, the EPA is approving this ACTION: Proposed rule. Approval and Promulgation of action as a direct final rule without Implementation Plans; Indiana prior proposal because the EPA views SUMMARY: EPA proposes to approve the AGENCY: Environmental Protection State Implementation Plan (SIP) this as a noncontroversial action and Agency (EPA). anticipates no adverse comments. A revision submitted by the ACTION: detailed rationale for the approval is set Commonwealth of Virginia for the Proposed rule. forth in the direct final rule. If no purpose of establishing alternative SUMMARY: The EPA proposes to approve adverse comments are received in compliance plans for the Reynolds the State Implementation Plan (SIP) response to that direct final rule, no Metals—Bellwood and South Plants revision request submitted by the State further activity is contemplated in located in Richmond, Virginia. In the of Indiana on September 19, 1995, and relation to this proposed rule. If the EPA Final Rules section of this Federal November 8, 1995, which establishes receives adverse comments, the direct Register, EPA is approving the State’s regulations for suppliers and users of final rule will be withdrawn and all SIP revision as a direct final rule automobile/mobile equipment public comments received will be without prior proposal because the refinishing coatings in Clark, Floyd, addressed in a subsequent final rule Agency views this as a noncontroversial Lake, and Porter Counties. In the final based on the proposed rule. The EPA SIP revision and anticipates no adverse rules section of this Federal Register, will not institute a second comment comments. A detailed rationale for the the EPA is approving this action as a period on this action. Any parties approval is set forth in the direct final direct final rule without prior proposal interested in commenting on this notice rule. If no adverse comments are because EPA views this as a should do so at this time. received in response to this proposed noncontroversial action and anticipates DATES: Comments on this proposed rule rule, no further activity is contemplated no adverse comments. A detailed must be received on or before July 15, in relation to this rule. If EPA receives rationale for the approval is set forth in 1996. adverse comments, the direct final rule the direct final rule. If no adverse ADDRESSES: Written comments should will be withdrawn and all public comments are received in response to be mailed to: J. Elmer Bortzer, Chief, comments received will be addressed in that direct final rule, no further activity Regulation Development Section, Air a subsequent final rule based on this is contemplated in relation to this Programs Branch (AR–18J), U.S. proposed rule. EPA will not institute a proposed rule. If EPA receives adverse Environmental Protection Agency, second comment period on this action. comments, the direct final rule will be Region 5, 77 West Jackson Boulevard, Any parties interested in commenting withdrawn and all public comments Chicago, Illinois 60604. on this action should do so at this time. received will be addressed in a Copies of the State submittal and the DATES: Comments must be received in subsequent final rule based on the EPA’s analysis of it are available for writing by July 15, 1996. proposed rule. Any parties interested in

VerDate 29-MAY-96 21:54 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 E:\FR\FM\P13JN2.PT1 13jnp1 30024 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules commenting on this document should Register). The exemption for conformity The Amendments to the Act (1990 do so at this time. NOX requirements is found, generally, Amendments) made significant changes DATES: Comments on this proposed rule in 40 CFR part 93, subparts T and W. to the air quality planning requirements must be received on or before July 15, The section 182(f) NOX provisions are for areas that do not meet the ozone 1996. explained fully in the EPA’s NOX standard. Subparts 1 and 2 of part D, title I of the Act contain the air quality ADDRESSES: Written comments should Supplement to the General Preamble, planning requirements for ozone be mailed to: J. Elmer Bortzer, Chief, published in the Federal Register (FR) nonattainment areas. Title I includes Regulation Development Section, Air on November 25, 1992. The State of new requirements to control NO Programs Branch (AR18–J), Louisiana made the request for X emissions in certain ozone Environmental Protection Agency, Calcasieu Parish based on a nonattainment areas and ozone Region 5, 77 West Jackson Boulevard, demonstration that additional NOX transport regions. Section 182(f) Chicago, Illinois 60604. reductions would not contribute to requires States to apply the same control Copies of the State submittal are ozone attainment in the nonattainment requirements to major stationary sources available for inspection at: Regulation area. of NO as are applied to major Development Section, Air Programs DATES: Comments on this proposed X stationary sources of VOC. For marginal Branch (AR18–J), Environmental action must be received in writing on or before July 15, 1996. areas, the NOX requirement is to provide Protection Agency, Region 5, 77 West for nonattainment new source review Jackson Boulevard, Chicago, Illinois ADDRESSEES: Written comments on (NSR). In addition, there are new NOX 60604. these actions should be addressed to Mr. requirements under the general and FOR FURTHER INFORMATION CONTACT: Thomas Diggs, Chief, Planning Section, transportation conformity provisions of Mark J. Palermo, Regulation at the EPA Regional Office listed below. section 176(c). This approval exempts Development Section, Air Programs Copies of the documents relevant to the area from the section 182(f) NSR these proposed actions are available for Branch (AR–18J), Environmental NOX requirements (see the NOX Protection Agency, Region 5, 77 West public inspection during normal Supplement to the General Preamble 57 business hours at the following Jackson Boulevard, Chicago, Illinois FR 55620), and from the NOX 60604, (312) 886–6082. locations. The interested persons requirements of the general, as well as wanting to examine these documents SUPPLEMENTARY INFORMATION: For the NOX requirements of the build/no additional information see the direct should make an appointment with the build provisions of the transportation, final rule published in the rules section appropriate office at least 24 hours conformity rules (see also 58 FR 63214 of this Federal Register. before the visiting day. published on November 24, 1993 and 58 U.S. Environmental Protection Agency, Dated: May 13, 1996. FR 62188 published on November 30, Region 6, Air Planning (6PD–L), 1445 Valdas V. Adamkus, 1993, as amended, particularly at 60 FR Ross Avenue, Suite 700, Dallas, Texas 44790, 44794, of August 29, 1995). Regional Administrator. 75202–2733. [FR Doc. 96–14964 Filed 6–12–96; 8:45 am] Louisiana Department of Environmental Applicable EPA Guidance BILLING CODE 6560±50±P Quality, N.B. Garlock Building, 7290 The Act specifies in section 182(f) Bluebonnet, Baton Rouge, Louisiana that if one of the conditions listed below 70810. is met, the new NOX requirements 40 CFR Part 52 FOR FURTHER INFORMATION CONTACT: would not apply: [LA±22±1±6870; FRL±5520±4] Mr. Matthew Witosky or Mr. Quang 1. In any area, the net air quality Nguyen, Planning Section (6PD–L), benefits are greater without NOX Approval and Promulgation of Section Multimedia Planning and Permitting reductions from the sources concerned; 182(f) Exemption to the Nitrogen Division, U.S. EPA Region 6, 1445 Ross 2. In a nontransport region, additional NO reductions would not contribute to Oxides (NOX) Control Requirements Avenue, Dallas, Texas 75202–2733, X for the Calcasieu Parish Ozone telephone (214) 665–7214. ozone attainment in the nonattainment Nonattainment Area; Louisiana area; or SUPPLEMENTARY INFORMATION: 3. In a transport region, additional AGENCY: Environmental Protection Background NOX reductions would not produce net Agency (EPA). ozone benefits in the transport region. ACTION: Proposed rulemaking. NOX are precursors to ground level In addition, section 182(f)(2) states (tropospheric) ozone, or urban ‘‘smog.’’ that the application of the new NOX SUMMARY: The EPA proposes to approve When released into the atmosphere, requirements may be limited to the a petition from the State of Louisiana NOX will react with volatile organic extent that any portion of those requesting that the Calcasieu Parish compounds (VOC) in the presence of reductions are demonstrated to result in marginal ozone nonattainment area be sunlight to form ozone. Tropospheric ‘‘excess reductions’’ of NOX. The exempt from applicable NOX control ozone is an important factor in the previously-described NOX provisions of requirements of section 182(f) of the nation’s urban air pollution problem. the conformity rules would also not Clean Air Act (Act). The section 182(f) Calcasieu Parish, Louisiana, was apply in certain areas that are granted a NOX requirement from which the area designated nonattainment for ozone and section 182(f) exemption (see will be exempt is NOX new source classified as marginal pursuant to amendment to transportation review (NSR). In addition, approval of sections 107(d)(4) and 181(a) of the Act. conformity rule and associated the section 182(f) petition would Under section 181(a), marginal areas explanation at 60 FR 44794). In remove the NOX general conformity must attain the National Ambient Air addition, certain NOX provisions of the provisions and the NOX build/no build Quality Standard for ozone (the ozone I/M rule would not apply in an area that provisions of the transportation standard) by November 15, 1993. Please is granted a section 182(f) exemption conformity rule (for conformity reference 56 FR 56694 (November 6, (see 57 FR 52989). provisions, see the November 24, 1993 1991, codified for Louisiana at 40 CFR The EPA’s Guideline for Determining and November 30, 1993 Federal 81.319). the Applicability of Nitrogen Oxides

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Requirements Under Section 182(f) State’s submission includes a letter from nonattainment area, the Act did not (December 1993), and 2 revisionary Gustave Von Bodungen, Assistant require Calcasieu Parish to perform such memoranda signed by John S. Seitz, Secretary of the LDEQ, to Jane N. modeling for the purpose of an Director of the EPA Office of Air Quality Saginaw, Regional Administrator of the attainment demonstration. Thus, where Planning and Standards, dated May 27, EPA Region 6, and LDEQ’s summary of such an area can make an adequate 1994 and February 8, 1995, describe the State’s photochemical grid modeling showing of the effects of NOX how the EPA will interpret the NOX results. Further, the State’s submission reductions with respect to attainment exemption provisions of section 182(f). requesting redesignation to attainment through alternative means that are As described more fully in the Seitz for Calcasieu Parish contains quality- otherwise consistent with relevant memoranda, petitions submitted under assured and quality-controlled data guidance, EPA could approve the area’s section 182(f)(3) are not required to be showing attainment of the ozone demonstration. submitted as State Implementation Plan standard. This data is for the three-year The LDEQ submitted the results of a (SIP) revisions. Consequently, the State time period of 1993 to 1995. photochemical grid modeling exercise is not required under the Act to hold a that was carried out, in conjunction Analysis of State Submission public hearing in order to petition for an with Calcasieu’s attainment efforts, to area-wide NOX exemption The following items are the basis for determine if the Calcasieu area was the determination. Similarly, it is not the EPA’s action proposing to approve object of ozone and precursor transport. necessary to have the Governor submit the State of Louisiana’s section 182(f) Although the modeling utilized for this the petition. NOX exemption petition for the exercise does not precisely replicate the It should be noted with respect to the Calcasieu Parish ozone nonattainment procedures EPA guidance suggests be application of section 182(f) NOX area. Please refer to the EPA’s Technical used to support a 182(f) exemption waivers to certain NOx requirements of Support Document and the State’s petition. However, the EPA believes the the transportation conformity rule that submittal for more detailed information. modeling analysis that was performed the EPA has revised the transportation A. Consistency With EPA Section 182(f) by LDEQ when combined with the conformity rule to ensure consistency Guidance area’s clean air data is comprehensive with section 176(c) (see especially 60 FR enough to use in determining if the area 44790, 44794). This rule revision Chapter 4 of the EPA’s December 1993 should receive an exemption. requires areas subject to section section 182(f) guidance states that the The LDEQ used UAM version IV, an 182(b)(1) (moderate and above, but not typical procedure for demonstrating that EPA-approved photochemical grid marginal ozone nonattainment areas) to additional NOX reductions would not model, to develop the attainment submit transportation conformity NOX contribute to ozone attainment is to demonstration for Calcasieu Parish. The exemption requests as revisions to the utilize photochemical grid modeling, State’s modeling activities were SIP. Because Calcasieu is classified as such as UAM, to simulate conditions performed in accordance with the EPA’s marginal, the revision addressing resulting from three emission reduction ‘‘Guideline for Regulatory Application 182(b)(1) is not applicable. scenarios: (1) Substantial VOC of the Urban Airshed Model.’’ The reductions; (2) substantial NOX State Submittal discussion below summarizes the EPA’s reductions; and (3) both VOC and NOX analysis on how the State’s modeling On October 28, 1994, the Louisiana reductions. To demonstrate that NOX demonstrations complied with the Department of Environmental Quality reductions are not beneficial to EPA’s guidance. Please refer to the (LDEQ) submitted to the EPA a petition attainment, the area-wide predicted EPA’s Technical Support Document for pursuant to section 182(f) which maximum 1-hour ozone concentration more detailed information. requests that the Calcasieu Parish for each day modeled under scenario (1) nonattainment area be exempted by the must be less than or equal to that from 1. Episode Selection EPA from the NOX control requirements scenarios (2) and (3) for the same day. The State used the EPA ‘‘Guideline of section 182(f) of the Act. On Chapter 7 specifies that the application For Regulatory Application of The December 21, 1995, the Governor of of UAM should be consistent with the Urban Airshed Model’’ to select Louisiana submitted a request for techniques specified in the EPA episodes for use in the Calcasieu Parish redesignation of the area to attainment ‘‘Guideline on Air Quality Models UAM modeling exercises. Data from which contained additional information (Revised),’’ and ‘‘Guideline for 1991 and 1992 were examined for relevant to the State’s NOX exemption Regulatory Application of the UAM episodes which cover at least 48 petition. The request for redesignation is (July 1991).’’ This guidance specifically consecutive hours and the worst-case currently under review and will be applies to moderate and higher meteorological conditions. Three addressed in a separate rulemaking classification ozone nonattainment episodes from 1992 were selected for action. areas. As discussed in the following the UAM analysis for the area. The State’s NOX waiver petition was sections, the EPA believes that the Episodes selected for the Lake Charles based on urban airshed modeling State’s UAM demonstration together modeling represent three different (UAM). Subsequently, an analysis of with the ambient air quality data meteorological regimes which can be ambient air quality data (‘‘clean air showing that the area is attaining the characterized as exhibiting potential for data’’) indicates that the area is ozone standard support the granting of transport of pollutants from source areas currently in attainment of the ozone an exemption from the NOX near Baton Rouge to the Lake Charles standard, prompting the state to submit requirements of section 182(f) of the area, absence of transport potential, and a request that the area be redesignated CAA. potential for transport from areas in as attainment. The state’s modeling and Texas. monitoring data together demonstrate B. UAM Modeling Analysis 2. Model Domain and Meteorological that additional NOX reductions would Although many ozone nonattainment not contribute to attainment of the areas used photochemical grid modeling Input ozone standard in the area. Overall, this that was required by the Act for their The LDEQ used a large modeling demonstration is consistent with the attainment demonstrations to apply for domain for Calcasieu Parish to ensure EPA’s section 182(f) guidance. The a NOX exemption as a marginal that the model captured the movement

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of VOC and NOX emissions generated by recommended ranges for statistical area’s ambient air quality data provide the surface sources. The domain covers accuracy, there are no rigid criterion to adequate justification for proposing all or part of seven counties in Texas accept or reject a model exercise. approval of the NOX exemption petition. and eight parishes in Louisiana. The Similarly, qualitative characterizations The justification related to clean air domain modeled encompassed 32,000 such as good, satisfactory, fair, or poor quality data is discussed in Section C of square kilometers of surface area. describe the EPA’s best professional this notice. Meteorological data were collected from judgment about graphed model The LDEQ’s modeling considered numerous monitoring stations in the performance, but are not used to grade across-the-board reductions in the area. The LDEQ followed the methods the model exercise as acceptable or projected NOX point source emission described in the UAM User’s Guides to unacceptable. inventories. The State modeled 50 and develop model inputs for wind field Based on the above criteria, the 25 percent emission reductions in the data, mixing heights, temperature, and Calcasieu model performance was NOX point sources inventory for each of meteorological scalars for the areas. Data satisfactory. Both graphical and the three episode-days. This generated was obtained from the Aerometric statistical performance measures were six different sensitivity tests to gauge Information and Retrieval System employed for all meteorological the direction and intensity of the (AIRS), LDEQ data gathering activities, episodes and monitoring networks. atmospheric reaction to NOX reductions. the Texas Natural Resource Sensitivity analysis was also conducted The State modeled 25 percent NOX Conservation Commission (TNRCC), to assess the stability of the models reductions to characterize the effect of and other direct measurement across a range of possible input NOX control strategies that could have techniques. parameters. a more immediate impact. For all three For the August 20–21, 1991 episode, episodes at 25 and 50 percent 3. Boundary and Initial Conditions two of the three EPA-criterion statistical reductions, the results for the LDEQ used the air quality data measures obtained for the area are well controlling day show that domain-wide collected at monitoring stations within the EPA’s recommended ranges predicted maximum ozone throughout the domain to construct the for good model performance (see Table concentrations increase as the NOX initial conditions of the model exercise. 2 of the technical support document). reductions are applied. Some default values were used where For the April 7–8, 1992 episode, the As explained in the EPA’s 182(f) actual measurements were not available. statistical analysis for the primary day, guidance, the EPA believes it is The applied boundary conditions were April 8, indicates fair model appropriate to focus this analysis on the developed to measure possible transport performance. The statistical measures area-wide maximum 1-hour predicted into the area from the east and west. were well within the EPA- ozone concentration, since this value is recommended ranges for the primary critical for the typical attainment 4. Emissions Inventory episode day. However, simulated demonstration. For all three episodes, The Calcasieu Parish modeling maximum concentrations are, in the controlling day showed that the exercises were conducted using VOC general, lower than observed peak domain-wide predicted maximum and NOX emission inventories compiled concentrations. For the April 20–21, ozone concentrations are lower without by survey and direct measurement by 1992 episode, the model performance is NOX reductions. The model results lead the LDEQ. The modeling emissions good. The statistical measures all fall to the conclusion that NOX reductions inventories are composed of point within the EPA-recommended ranges, would increase the domain-wide source, area, on-road mobile, off-road and the temporal profiles of many sites maximum ozone concentrations. Please mobile, and biogenic emissions. Where were fairly well simulated. refer to the EPA’s Technical Support applicable, emissions were adjusted for Both graphical and statistical Document for more detailed pertinent conditions related to the performance measures were used to information. evaluate the model. Using these episode day to be modeled, thus C. Clean Data Eligibility for NO analyses, the predicted results from the X producing day-specific emissions. The Exemption EPA procedures for developing episode- model were compared to the observed specific emission inventories were results for each episode. These analyses On December 21, 1995, the EPA followed. indicate that the model performed received a request from the State to For Calcasieu Parish, the LDEQ satisfactorily for the three episodes used redesignate the Calcasieu area to developed three emission inventories for the UAM demonstration. attainment. The request for for all three episodes modeled. redesignation is based upon three years 6. Section 182(f) Demonstration Although the projected inventory does of quality-assured monitoring data that not reflect the attainment year for the As noted previously, Calcasieu Parish show no violations of the ozone area, the inventory projected for 1993 is a marginal ozone nonattainment area standard. The data that constitute the does not differ significantly from 1991 and EPA’s NOX exemption guidance substance of the redesignation request is and 1992 inventories. Hence, the EPA does not fully address the requirements available to the EPA through the believes the State’s analysis still for less than moderate nonattainment Aerometric Information and Retrieval provides a valid technical basis to areas that were not required to utilize System (AIRS). Since the data were not evaluate the NOX contributions. photochemical grid modeling for their available when the State initially attainment demonstrations. For requested a NOX exemption, the State 5. Model Performance purposes of their 182(f) demonstration, chose to base its waiver request on For all UAM activities, model the LDEQ modeled the three episodes modeling data. Now that monitoring performance is measured quantitatively discussed above under a substantial data are available, the EPA believes it is and qualitatively. The EPA has issued NOX reduction strategy only. The VOC- appropriate to consider the air quality guidelines to statistically measure only and VOC plus NOX reduction data in conjunction with the modeling accuracy. In addition, the EPA strongly modeling strategies listed in EPA information contained in the State’s recommends that agencies submit guidance were not performed. EPA NOX exemption petition in determining graphical analysis, as a complement to nonetheless feels that the State’s UAM whether to approve the State’s NOX statistical analysis. While the EPA has demonstration in combination with the exemption request. Moreover, since the

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EPA’s NOX guidance provides for required to adopt the applicable NOX small not-for-profit enterprises, and granting NOX exemptions based solely provisions of the NSR and conformity government entities with jurisdiction on clean air data, the State could have rules except to the extent that NOX over populations of less than 50,000. resubmitted a request for a NOX waiver reductions are shown to be ‘‘excess Approvals of NOX exemption based only on clean data. However, reductions.’’ In the rulemaking action petitions under section 182(f) of the rather than having the state resubmit an which removes the exempt status, the CAA do not create any new additional petition, the EPA decided EPA would provide specific information requirements. Therefore, because the that the air quality data and modeling regarding the reapplication of the NSR Federal approval of the petition does information already before the Agency, rules and the conformity rules. not impose any new requirements, the when analyzed in combination, The subsequent modeling analyses EPA certifies that it does not have a constituted an adequate basis to propose mentioned above need not be limited to significant impact on affected small approval of the waiver request. The EPA the purpose of demonstrating entities. Moreover, due to the nature of will act upon the State’s request for attainment as required by section the Federal-State relationship under the redesignation in a subsequent notice. 182(c)(2)(A). For example, an area might CAA, preparation of a regulatory An EPA review of the AIRS ambient want to consider a strategy that phases flexibility analysis would constitute air quality data concluded that no in NOX reductions only after certain Federal inquiry into the economic violations of the ozone standard VOC reductions are implemented. As reasonableness of State action. The CAA occurred in the area from 1993 through improved emission inventories and forbids the EPA to base its actions 1995. Since the absence of such ambient data become available, areas concerning SIP’s on such grounds violations over a 3-year period indicates may choose to remodel. In addition, [Union Electric Co. v. U.S. E.P.A. , 427 that an area is in attainment of the alternative control strategy scenarios U.S. 246, 256–66 (S. Ct. 1976); 42 U.S.C. ozone standard, this data provides might be considered in subsequent 7410 (a)(2)]. The Office of Management further support for the conclusion that modeling analyses in order to improve and Budget has exempted this action the section 182(f) test is met. This is true the cost-effectiveness of the attainment from review under Executive Order because for an area, like Calcasieu, that plan. 12866. is already attaining it is clear that In summary, the UAM modeling Unfunded Mandates additional reductions of oxides of results together with ambient air quality nitrogen would not contribute to ozone data showing no violations of the ozone Under sections 202, 203, and 205 of attainment in that area. ‘‘Guideline for standard during the last 3 years in the Unfunded Mandates Reform Act of Determining the Applicability of Calcasieu Parish support the conclusion 1995 (‘‘Unfunded Mandates Act’’), Nitrogen Oxide Requirements Under that additional NOX reductions would signed into law on March 22, 1995, EPA section 182(f)’’ December 1993. See the not contribute to attainment of the must undertake various actions in TSD for additional information ozone standard in this area. The EPA association with proposed or final rules regarding the area’s air quality data. therefore proposes to approve a NOX that include a Federal mandate that may exemption for the Calcasieu Parish area. result in estimated costs of $100 million Proposed Rulemaking Action Approval of this petition means that the or more to the private sector, or to State, In this action, the EPA proposes to area is exempt from new source review local, or tribal governments in the approve the 182(f) NOX exemption for sources of NOX, the NOX aggregate. petition submitted by the State of requirements of the general conformity Through submission of this state implementation plan or plan revision, Louisiana for the Calcasieu Parish ozone rule, and the NOX ‘‘build/no build’’ nonattainment area. The EPA believes provisions of the transportation the State and any affected local or tribal that all section 182(f) exemptions that conformity rule (see 58 FR 63214 and 58 governments have elected to adopt the are approved should be approved only FR 62188). This exemption will remain program provided for under section 110 on a contingent basis. As described in effective for only as long as modeling of the Clean Air Act. These rules may bind State, local and tribal governments the EPA’s NOX Supplement to the continues to show that NOX control General Preamble (57 FR 55628, activities would not be beneficial in the to perform certain actions and also November 25, 1992), the EPA would Calcasieu Parish nonattainment area, require the private sector to perform rescind a NOX exemption in cases and/or so long as, prior to redesignation certain duties. To the extent that the where NOX reductions were later found to attainment, the area does not violate rules being approved by this action will to be beneficial in the area’s attainment the ozone standard. impose no new requirements, such plan. That is, a modeling based sources are already subject to these exemption would last for only as long Request for Public Comments regulations under State law. as the area’s modeling continued to The EPA requests comments on all Accordingly, no additional costs to demonstrate attainment without the aspects of this proposal. As indicated at State, local, or tribal governments, or to additional NOX reductions required by the outset of this action, the EPA will the private sector, result from this section 182(f). Similarly, if an area that consider any comments received by July action. EPA has also determined that received an exemption based on clean 15, 1996. this action does not include a mandate air quality data which shows that the that may result in estimated costs of area is attaining the ozone standard Regulatory Process $100 million or more to State, local, or experiences a violation prior to Under the Regulatory Flexibility Act, tribal governments in the aggregate or to redesignation of the area to attainment, 5 U.S.C. 600 et. seq., the EPA must the private sector. the exemption would no longer be prepare a regulatory flexibility analysis List of Subjects in 40 CFR Part 52 applicable. assessing the impact of any proposed or If the EPA later determines, based on final rule on small entities (5 U.S.C. 603 Environmental protection, Air new photochemical grid modeling that and 604). Alternatively, the EPA may pollution control, Hydrocarbons, NOX reductions would be beneficial in certify that the rule will not have a Intergovernmental relations, Nitrogen Calcasieu Parish, or because of an ozone significant economic impact on a dioxide, Ozone, Volatile organic violation, the area would be removed substantial number of small entities. compounds. from exempt status and would be Small entities include small businesses, Authority: 42 U.S.C. 7401–7671q.

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Dated: June 7, 1996. The Paperwork Reduction Act does satisfactory completion of the ordered Carol M. Browner, not apply because the revisions do not work. All work must conform to GSA Administrator. impose record keeping or information fire and safety standards. GSA at [FR Doc. 96–15034 Filed 6–12–96; 8:45 am] collection requirements, or collections anytime has the authority to make BILLING CODE 6560±50±P of information from offerors, inspections and require correction if the contractors, or members of the public project is found not in compliance with which require the approval of the Office GSA fire and safety standards. As-built GENERAL SERVICES of Management and Budget under 44 drawings must be submitted to the GSA ADMINISTRATION U.S.C. 3501, et seq. buildings manager within 30 days of This rule is not required to be completion of work. 41 CFR Part 101±20 published in the Federal Register for Dated: April 5, 1996. notice and comment. Therefore, the Robert A. Peck, RIN 3090±AG00 Regulatory Flexibility Act does not apply. Commissioner, Public Buildings Service. Small Purchase Authority [FR Doc. 96–15002 Filed 6–12–96; 8:45 am] List of Subjects in 41 CFR Part 101–20 AGENCY: General Services BILLING CODE 6820±23±M Administration. Concessions, Federal buildings and ACTION: Proposed rule. facilities, Government property management. SUMMARY: This General Services For the reasons set forth in the FEDERAL COMMUNICATIONS Administration (GSA) proposed rule preamble, it is proposed to amend 41 COMMISSION revises the regulations regarding the CFR Part 101–20 as follows: delegation of authority to occupant 47 CFR Parts 36 and 69 agencies to contract for reimbursable PART 101±20ÐMANAGEMENT OF space alterations. The present FPMR BUILDINGS AND GROUNDS [CC Docket 96±45; DA±96±926] provisions stated in 101–20.106.1 cite a 1. The authority citation for Part 101– Federal-State Joint Board on Universal project accomplishment threshold of 20 continues to read as follows: $25,000. This threshold was established Service; Meeting based on the small purchase authority Authority: Sec. 205(c) of Pub. L. 152, 63, Stat., 390, 40 U.S.C., 486(c). AGENCY: Federal Communications in place at the time of the original Commission. publication of this provision. Subpart 101±20.1ÐBuildings Since the purpose of this FPMR Operations, Maintenance, Protection, ACTION: Notice of meeting. provision is to provide occupant and Alterations agencies choices in their use of a service SUMMARY: The purpose of the notice is provider, it is recommended that the 2. Section 202–20.106–1 is amended to inform the general public of a Simplified Acquisition Procurement by revising paragraphs (b) and (e) to meeting that will be held by the Federal- threshold be used. Rather than establish read as follows: State Joint Board on universal service. an authority at a selected value, the § 101±20.106±1 Placing of orders for DATES: The Federal-State Joint Board in reference should be changed to link it to reimbursable alterations by occupant CC Docket 96–45 will hold an open the Federal Acquisition Streamlining agencies. meeting on Wednesday, June 19, 1996 at Act of 1994. Therefore, if the value of * * * * * 9 a.m. the statute changes the FPMR would not (b) No individual order, or ADDRESSES: The meeting will be held in require a change. The present combination of orders for a single Simplified Acquisition Procedures Room 856 at 1919 M Street, NW., alteration project, shall exceed the Washington, DC. (SAP) authority is $50,000 for GSA statutory limitation for a simplified procurement activities. acquisition procedure, and agencies FOR FURTHER INFORMATION CONTACT: Modifying the FPMR provisions to tie shall not split orders so as to circumvent Irene Flannery, Accounting and Audits to the SAP authority gives occupants this limitation. Division, Common Carrier Bureau, at increased flexibility in accomplishing (202) 418–0847. alteration tasks and fully delegates the * * * * * (e) Where no GSA contracts or authority to do the work. SUPPLEMENTARY INFORMATION: At the No other changes are suggested. agreements are in effect, an agency may meeting, the Federal-State Joint Board contract directly for services up to the DATES: will hear from two panels of experts Comments must be received on maximum of the statutory limitation for or before July 15, 1996. addressing universal service issues set simplified acquisition procedures per forth in Section 254 of the ADDRESSES: Written comments should project after obtaining written approval be sent to General Services Telecommunications Act. Specifically, of the GSA buildings manager. Agencies the panelists will address what types of Administration, Office of Property contracting directly must provide the Management, Portfolio Customer Team functionalities schools, libraries, and GSA buildings manager with complete rural health care providers require of (PMX), 18th and F Streets, NW, Room documentation of the scope of work and G118, Washington, DC 20405. telecommunications services, as well as contract specifications at the time of the cost, on a nationwide basis, of FOR FURTHER INFORMATION CONTACT: submission for approval. Each project providing services able to deliver those Jeffrey Neely, Portfolio Customer Team, shall include appropriate reviews by the functionalities. PMX, (202) 208–1497. regional safety staff. If contracting for Federal Communications Commission. SUPPLEMENTARY INFORMATION: The security systems, agencies must submit General Services Administration (GSA) the design work to the regional Federal William F. Caton, has determined that this rule is not a Protective Service Division for review Acting Secretary. significant regulatory action for the and approval. Agencies shall be [FR Doc. 96–15146 Filed 6–11–96; 11:17 am] purposes of Executive Order 12866. responsible for inspecting and certifying BILLING CODE 6712±01±M

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DEPARTMENT OF COMMERCE Possession Limit Open Access category activities on regulated species would be under Amendment 5. The remainder of controlled by the fishery exemption National Oceanic and Atmospheric Amendment 7 was published as a program that only allows those fisheries Administration proposed rule on March 5, 1996 (61 FR that have a minimal bycatch of 8540). The first two of the three regulated species. 50 CFR Part 651 disapproved measures were resubmitted On April 17–18, 1996, the Council [Docket No. 960216032±6158±05; I.D. by the Council. The measure that would passed a motion to resubmit the 052196A] have allowed a 300–lb (136.1 kg) proposed possession limit permit regulated species possession limit for category, redefining it as an open access Northeast Multispecies Fishery; vessels fishing with 8–inch (20.32 cm) permit category for nonregulated species Amendment 7; Resubmission of mesh in an exempted fishery was again and renaming it the ‘‘Nonregulated Disapproved Measure for an Open disapproved, and the measure that Multispecies’’ permit category. This Access Permit for Nonregulated would give additional multispecies DAS permit category would allow fishing for Multispecies to all limited access multispecies nonregulated multispecies by vessels vessels fishing exclusively with large using various gear types that do not AGENCY: National Marine Fisheries mesh was published as a proposed rule qualify for a limited access multispecies Service (NMFS), National Oceanic and on April 18, 1996 (61 FR 16892), and permit and would eliminate any Atmospheric Administration (NOAA), was added to the final rule to inequity or administrative burden Commerce. implement Amendment 7, which was associated with the need to qualify for ACTION: Proposed rule; request for published on May 31, 1996 (61 FR a permit. The Council believes that comments. 27710). Pursuant to section 304(b)(3)(A) implementation of this permit category of the Magnuson Fishery Conservation jeopardizes neither the nonregulated SUMMARY: NMFS proposes regulations to and Management Act (Magnuson Act), multispecies, because they are not implement a revised measure that was the Council has resubmitted the currently categorized as overfished, nor disapproved in the preliminary measure that would implement a the regulated species, because a fishery evaluation of Amendment 7 to the possession limit permit by revising it to allowed under this permit would be Northeast Multispecies Fishery allow possession of nonregulated required to be exempted and meet the Management Plan (FMP) as revised and multispecies, defined to be silver hake, regulated multispecies bycatch limit of resubmitted by the New England red hake, and ocean pout. This 5 percent. Fishery Management Council (Council). proposed permit is now named the Classification This revision would rename the existing ‘‘open access nonregulated multispecies open access Possession Limit Permit, permit.’’ Section 304(a)(1)(D)(ii) of the and allow certain fisheries to continue On February 27–28, 1996, the Council Magnuson Act, as amended, requires under this permit category that would discussed the three disapproved NMFS to publish implementing otherwise be prohibited by Amendment measures and voted to resubmit regulations proposed by a Council 7. The intended effect of this action is revisions of the first and second while within 15 days of the receipt of an to continue to allow fishing for deferring action on the third measure amendment and proposed regulations. nonregulated multispecies (silver hake, pending further discussions. The third At this time, NMFS has not determined red hake, and ocean pout) by vessels measure disapproved by NMFS was the whether the amendment this rule would that do not qualify for a limited access proposed implementation of a limited implement is consistent with the multispecies permit. access possession limit permit under the national standards, other provisions of DATES: Comments on this proposed rule FMP. An inequity would have been the Magnuson Act, and other applicable must be received by July 1, 1996. established if this measure were law. NMFS, in making that determination, will take into account ADDRESSES: Comments should be sent to implemented, because vessels would Dr. Andrew A. Rosenberg, Director, have to qualify for a permit that would the information, views and comments NMFS, Northeast Regional Office, 1 not allow fishing for regulated received during the comment period. This proposed rule has been Blackburn Drive, Gloucester, MA 01930. multispecies, whereas, if vessel owners determined to be not significant for Mark on the outside of the envelope selected an open access category and used appropriate gear, they would be purposes of E.O. 12866. ‘‘Comments on Possession Limit Permit The Assistant General Counsel for Category.’’ allowed to catch regulated and nonregulated multispecies. Legislation and Regulation of the FOR FURTHER INFORMATION CONTACT: Furthermore, an administrative burden Department of Commerce certified to Peter W. Christopher, Fishery would have been created because vessel the Chief Counsel for Advocacy of the Management Specialist, 508–281–9288. permit applications would have to be Small Business Administration that this SUPPLEMENTARY INFORMATION: The processed through a review procedure proposed rule, if adopted, would not Council submitted Amendment 7 to the to qualify for the permit, with a have a significant economic impact on FMP on February 5, 1996. After a possibility that no fishing for a substantial number of small entities. preliminary evaluation, the following multispecies finfish would be allowed Vessels benefitting from this open three measures in the amendment were after this time. access permit could have an increase in disapproved on February 14, 1996: An Subsequent to the disapproval of this gross ex-vessel revenues of more than 5 additional allowance of days-at-sea measure, several affected fishermen percent compared to the status quo. (DAS) for trawl vessels enrolled in the contacted the Council and indicated However, the number of small entities Individual DAS category that use 8–inch that, if an open access permit for being affected in this manner is believed (20.32 cm) mesh, a 300–lb (136.1 kg) nonregulated multispecies were not to be much less than 20 percent of the possession limit of regulated species for established, they would be denied an vessels that are in the Northeast vessels that use 8–inch (20.32 cm) mesh opportunity to fish for or retain a multispecies fishery (all of which are in an exempted fishery, and the bycatch of nonregulated multispecies. considered small entities). No vessels establishment of a limited access The fishermen indicated that this would are expected to cease operations if the category for vessels that fished in the occur even though the impact of their proposed action is implemented, nor are

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Notices Federal Register Vol. 61, No. 115

Thursday, June 13, 1996

This section of the FEDERAL REGISTER Washington and Northeast Oregon ready-to-cook boneless-skinless poultry contains documents other than rules or Marketing Order No. 956. products without added ingredients, proposed rules that are applicable to the Summary: The market order sets based on tentative grade standards. The public. Notices of hearings and investigations, provisions regulating the handling of test-market period is scheduled to end committee meetings, agency decisions and Walla sweet onion. Handlers provide June 12, 1996, after which AMS will rulings, delegations of authority, filing of petitions and applications and agency information on shipments of onions. evaluate the test results. If AMS decides statements of organization and functions are Need and Use of the Information: The to amend the current poultry grade examples of documents appearing in this purpose is to provide orderly marketing standards, a proposal with comment section. conditions in interstate commerce and period will be published in the Federal to improve returns to growers. The Register. To allow processors to information provides a mechanism to continue grade identifying these DEPARTMENT OF AGRICULTURE collect assessments. products while the Agency evaluates Description of Respondents: Business test results, AMS has determined that it Submission for OMB Review; or other for-profit; farms. is appropriate to extend the test-market Comment Request Number of Respondents: 82. period until a final determination is Frequency of Responses: June 7, 1996. made about the tentative grade Recordkeeping; Reporting: on occasion; standards. The Department of Agriculture has annually. Dated: June 7, 1996. submitted the following information Total Burden Hours: 25. collection requirement(s) to OMB for Emergency processing of this Kenneth C. Clayton, review and clearance under the submission has been requested by June Acting Administrator. Paperwork Reduction Act of 1995, 15, 1996. [FR Doc. 96–14986 Filed 6–12–96; 8:45 am] Public Law 104–13. Comments Donald Hulcher, BILLING CODE 3410±02±P regarding these information collections Deputy Departmental Clearance Officer. are best assured of having their full [FR Doc. 96–14972 Filed 6–12–96; 8:45 am] effect if received within 30 days of this Forest Service notification. Comments should be BILLING CODE 3410±01±M addressed to: Desk Officer for Klamath Provincial Advisory Committee (PAC) Agriculture, Office of Information and Agricultural Marketing Service Regulatory Affairs, Office of AGENCY: Forest Service, USDA. Management and Budget (OMB), [Docket No. PY±95±002] Washington, D.C. 20503 and to ACTION: Notice of meeting. Department Clearance Officer, USDA, Tentative Voluntary Poultry Grade OIRM, Ag Box 7630, Washington, D.C. Standards SUMMARY: The Klamath Provincial 20250–7630. Copies of the AGENCY: Agricultural Marketing Service, Advisory Committee will meet on June submission(s) may be obtained by USDA. 24 and June 25, 1996 at the Shilo Inn Klamath Lake Room, 2500 Almond calling (202) 720–6204 or (202) 720– ACTION: Notice; extension of test-market Street, Klamath Falls, Oregon. The 6746. period. meeting on Monday, June 24, is a field National Agricultural Statistics Service SUMMARY: On June 12, 1995, the trip, beginning at 10:00 a.m. and leaving Title: Field Crops Objective Yield. Agricultural Marketing Service (AMS) from the front of Shilo Inn. The field Summary: Data collected sets yield published a notice in the Federal trip will adjourn at approximately 3:30 estimates for wheat, corn, cotton, Register (60 FR 30830) announcing a p.m. The meeting on Tuesday, June 25, soybeans, potatoes, and Burley tobacco. one-year test-market period for USDA will convene at 8:00 a.m. in the Klamath Need and Use of the Information: grade identified raw ready-to-cook Lake Room and continue until 5:00 p.m. Yield estimates are used in conjunction boneless-skinless poultry products Agenda items to be covered include: (1) with price data to estimate production without added ingredients, based on Government to Government Relations; and value of crops. USDA uses the tentative grade standards. AMS is (2) salvage timber sale monitoring; (3) production forecasts to anticipate loan extending the test-market period beyond land management services contracting receipts and pricing of loan stocks for its scheduled end, June 12, 1996, until and existing timber contract authorities; grains. Congress uses the information in it makes a final determination about the (4) updates concerning the formulating farm legislation and farmers tentative standards. implementation monitoring progress; (5) use it in marketing decisions. FOR FURTHER INFORMATION CONTACT: Rex standing committee reports; and (6) Description of Respondents: Farms. A. Barnes, Acting Chief, Grading public comment periods. All PAC Number of Respondents: 7,725. Branch, Poultry Division, 202–720– meetings are open to the public. Interested citizens are encouraged to Frequency of Responses: Reporting: 3271. attend. annually. SUPPLEMENTARY INFORMATION: On June Total Burden Hours: 3,829. 12, 1995, the Agricultural Marketing FOR FURTHER INFORMATION CONTACT: Service (AMS) published a notice in the Connie Hendryx, USDA, Klamath Agricultural Marketing Service Federal Register (60 FR 30830) National Forest, 1312 Fairlane Road, Title: Sweet Onions Grown in the announcing a one-year test-market Yreka, California 96097; telephone 916– Walla Walla Valley of Southeast period for USDA grade identified raw 842–6131, (FTS) 700–467–1309. 30032 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

Dated: June 4, 1996. FOR FURTHER INFORMATION CONTACT: practical utility; (b) the accuracy of the Nancy J. Gibson, Requests for additional information or agency’s estimate of burden (including Administrative Officer. copies of the information collection hours and cost) of the proposed [FR Doc. 96–15001 Filed 6–12–96; 8:45 am] instrument(s) and instruction(s) should collection of information; (c) ways to BILLING CODE 3410±11±M be directed to Karen S. Seebold, Bureau enhance the quality, utility and clarity of the Census, 3701 St. Barnabas Road, of the information to be collected; and Silver Hill Executive Plaza, Room 2A, (d) ways to minimize the burden of the Title to Forest Lieu Selection Lands Washington, D.C. 20233– 6500, (301) collection of information on 763–8416. respondents, including the use of AGENCY: Forest Service, USDA. automated collection techniques or ACTION: Correction of legal description. SUPPLEMENTARY INFORMATION: other forms of information technology. I. Abstract Comments submitted in response to SUMMARY: The Forest Service is this notice will be summarized and/or correcting the legal description of a Historically, recruiting enough qualified staff to complete decennial included in the request for OMB parcel in Table 2, Final List of Lands approval of this information collection; Quitclaimed by the United States, field activities within a short, specified time frame is the most difficult task the they also will become a matter of public included in the notice concerning Title record. to Forest Lieu Selection Lands that was Census Bureau faces. This task is further published in the Federal Register complicated by the need to hire a Dated: June 6, 1996. December 26, 1995 (60 FR 66791). culturally diverse workforce to meet Dan Haigler, This legal description in Table 2 is broad census goals. We need an accurate Acting Departmental Forms Clearance corrected as follows: On page 66791, the applicant profile that provides summary Officer, Office of Management and first line under San Bernardino County, information derived from the BC–1431 Organization. ‘‘68, Schneider, F., T.1N., R.1W., sec. 8, data to monitor recruiting efforts that [FR Doc. 96–15025 Filed 6–12–96; 8:45 am] S/Lot 5, Lot 8, 80’’ should read ‘‘68, will guide our strategies in recruiting BILLING CODE 3510±07±P Schneider, F., T.1N., R.1W., sec. 14, S/ applicants who are representative of the Lot 5, Lot 8, 80.’’ area being enumerated and who are also International Trade Administration EFFECTIVE DATE: This correction is familiar with the dominant culture of the locality. The Census Bureau’s goal is effective June 13, 1996. Export Trade Certificate of Review; to recruit and hire workers who are the FOR FURTHER INFORMATION CONTACT: Notice of Clarification Marsha Butterfield, Lands Staff, Forest best qualified, who are indigenous to Service, USDA, Washington, D.C. the area that is being enumerated, and SUMMARY: On Tuesday, May 28, 1996, 20090–6090, (202) 205–1248. are most familiar with the dominant the Office of Export Trading Company cultures and languages of the area. The Affairs, International Trade Dated: June 3, 1996. BC–1431 data are vital to controlling Administration, Department of Valdis E. Mezainis, large-scale census and survey recruiting Commerce, notified, at 61 FR 26499, Acting Chief. operations. receipt of an application for an Export [FR Doc. 96–15050 Filed 6–12–96; 8:45 am] Trade Certificate of Review (Certificate) II. Method of Collection BILLING CODE 3410±11±M from the Rice Millers’ Association We collect this information at the (RMA). The notice identified nineteen time of testing. Applicants are advised RMA member companies who were DEPARTMENT OF COMMERCE completion of this information is applying for protection under the voluntary. Certificate. This notice provides Bureau of the Census III. Data clarification of the identity of one of the prospective members of the Certificate. [BC±1431, Applicant Background OMB Number: 0607–0494. FOR FURTHER INFORMATION CONTACT: W. Questionnaire] Form Number: BC–1431. Dawn Busby, Director, Office of Export Type of Review: Regular submission. Proposed Agency Information Affected Public: Individuals. Trading Company Affairs, International Collection Activity; Comment Request Estimated Number of Respondents: Trade Administration, (202) 482–5131. This is not a toll-free number. SUMMARY: The Department of 48,750 annually. Estimated Time Per Response: 2.5 SUPPLEMENTARY INFORMATION: Title III of Commerce, as part of its continuing the Export Trading Company Act of effort to reduce paperwork and minutes. Estimated Annual Burden Hours: 1982 (15 U.S.C. 4001–21) authorizes the respondent burden, invites the general 2,032. Secretary of Commerce to issue Export public and other Federal agencies to Estimated Total Cost: The only cost to Trade Certificates of Review. A take this opportunity to comment on the respondent is his/her time for Certificate of Review protects the holder proposed and/or continuing information completing the BC–1431. The total cost and the members identified in the collections, as required by the to administer the BC–1431 is included Certificate from state and federal Paperwork Reduction Act of 1995, in the overhead budget associated with government antitrust actions and from Public Law 104–13 (44 U.S.C. 3506 the Census Bureau’s various surveys private treble damage antitrust actions (c)(2)(A)). and censuses. The estimated annual cost for the export conduct specified in the DATES: Written comments must be to administer the BC–1431 is $14,224. Certificate and carried out in submitted on or before August 12, 1996. compliance with its terms and ADDRESSES: Direct all written comments IV. Request for Comments conditions. Section 302(b)(1) of the Act to Dan Haigler, Acting Departmental Comments are invited on: (a) Whether and 15 CFR 325.6(a) require the Forms Clearance Officer, Department of the proposed collection of information Secretary to publish a notice in the Commerce, Room 5327, 14th and is necessary for the proper performance Federal Register identifying the Constitution Avenue, NW, Washington, of the functions of the agency, including applicant and summarizing its proposed D.C. 20230. whether the information shall have export conduct. Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30033

On Tuesday, May 28, 1996, the Office Dated: June 4, 1996. described below. No one of these of Export Trading Company Affairs, Anne L. Alonzo, activities or any combination of these International Trade Administration, Deputy Assistant Secretary for Environmental activities must be included for a Department of Commerce, notified, at 61 Technologies Exports. proposal to receive favorable FR 26499, receipt of an application for [FR Doc. 96–14950 Filed 6–12–96; 8:45 am] consideration. The Department of a Certificate from the Rice Millers’ BILLING CODE 3510±DR±P Commerce encourages applicants to Association (RMA). The notice propose activities that (1) would be identified nineteen RMA member most appropriate to market companies who were applying for [Docket No. 950207043±6128±02] development needs of their industry or protection under the Certificate. The RIN 0625±ZA03 industries; and (2) display the Office of Export Trading Company imagination and innovation of the Affairs hereby notifies a clarification of Market Development Cooperator applicant working in partnership with the identity of the following prospective Program the Government to obtain the maximum member: market development impact. AGENCY: International Trade 1. Cargill Rice Milling, of Greenville, Administration (ITA), Commerce. A public meeting for parties Mississippi is a division of Cargill, ACTION: Notice. considering applying for funding under Incorporated, of Wayzata, Minnesota. the MDCP will be held on July 11, 1996. The membership list in the notice of SUMMARY: The mission of ITA is to Attendance at this public meeting is not application should therefore read: promote U.S. exports and to strengthen required of potential applicants. The Cargill, Incorporated, of Wayzata, the international trade position of the purpose of the meeting is to provide Minnesota, for the activities of its United States. Building partnerships general information regarding the MDCP division Cargill Rice Milling, of with the private sector enhances ITA’s procedures, selection process, and Greenville, Mississippi. ability to fulfill its mission. To proposal preparation to potential Dated: June 6, 1996. encourage such partnerships, ITA has applicants. No discussion of specific Jude Kearney, created the Market Development proposals will occur at this meeting. Deputy Assistant Secretary for Service Cooperator Program (MDCP) to develop, DATES: The public meeting will be held Industries and Finance. maintain and expand markets for July 11, 1996. Completed applications [FR Doc. 96–15026 Filed 6–12–96; 8:45 am] nonagricultural goods and services must be received no later than 5:00 p.m. BILLING CODE 3510±DR±P produced in the United States. Eastern Standard Time August 8, 1996. The MDCP aims to: • Competitive application kits will be Challenge the private sector to think available from the Department of International Trade Administration strategically about foreign markets; Commerce starting June 13, 1996. • Be the catalyst that spurs private ACTION: Renewal of the Environmental sector innovation and investment in ADDRESSES: The public meeting will be Technologies Trade Advisory export marketing; and held at the Herbert Clark Hoover Committee. • Increase the number of American Building, U.S. Department of companies taking decisive export Commerce, 14th and Constitution SUMMARY: The Environmental actions. Avenue, N.W., Washington, D.C. Technologies Trade Advisory The advantage of a joint effort is that Contact the information contact for Committee (ETTAC) is renewed. The it permits the Government to pool room location. renewal of the ETTAC is in accordance expertise and funds with non-Federal To obtain an application kit, please with the Federal Advisory Committee sources so that each maximizes its send a written request with a self- Act, 5 U.S.C. App.2, and 41 CFR parts market development resources. addressed mailing label to Mr. Greg 101–5.10(1990), Federal Advisory Partnerships of this sort also may O’Connor, Manager, Market Committee Management Rule. provide a sharper focus on long-term Development Cooperator Program, ETTAC was established May 31, 1994, export market development than do Trade Development/OPCRM, Room to advise the Secretary of Commerce in traditional trade promotion activities 3211, U.S. Department of Commerce, his capacity as the Chairman of the and serve as a mechanism for improving Washington, D.C. 20230. Application Trade Promotion Coordinating Government-industry relations. kits may also be picked up in Room Committee (TPCC), as well as other While the Department of Commerce 3211, U.S. Department of Commerce, TPCC heads and officials on issues sponsors, guides and partially funds the 14th and Constitution Avenue, N.W., related to the export of environmental MDCP with a matching requirement by Washington, D.C. 20230. The technologies. the recipient, the Department of application kit contains all forms ETTAC functions as an advisory body Commerce expects applicants to necessary to participate in the MDCP in accordance with the Federal develop, initiate and carry out market application process. Advisory Committee Act. On October development project activities. As an Please send completed applications to 22, 1994, the Congress passed the Jobs active partner, ITA will provide the Office of Planning, Coordination and Through Trade Enhancement Act, 15 assistance identified by the applicant as Resource Management, Trade U.S.C. 4728 (c). This Act mandated the being essential to the achievement of Development, Room 3211, 14th & creation of such an advisory committee project goals and objectives. U.S. Constitution Avenue, N.W., on the promotion of environmental industry is best able to assess its Washington, D.C. 20230. technologies exports. problems and needs in the foreign FOR FURTHER INFORMATION CONTACT: The marketplace and to recommend FOR FURTHER INFORMATION CONTACT: Mr. Office of Environmental Technologies innovative solutions and programs that Greg O’Connor, Manager, Market Exports, Trade Development, can be the formula to success in Development Cooperator Program, International Trade Administration, international trade. Trade Development, Room 3211, Department of Commerce, (202) 482– Examples of activities that might be Washington, D.C. 20230, (202) 482– 5225. included in an applicant’s project are 3197. 30034 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

SUPPLEMENTARY INFORMATION: but could include co-location with a direct costs are those that are Authority: The Omnibus Trade and US&FCS Commercial Center; specifically associated with an award, Competitiveness Act of 1988, Pub. L. No. (2) Detailing a private sector and usually include expenses such as 100–418, Title II, sec. 2303, 102 Stat. 1342, individual to a US&FCS post in personnel, fringe benefits, travel, 15 U.S.C. 4723. accordance with 15 U.S.C. 4723(c); equipment, supplies and contractual Catalog of Federal Domestic Assistance (3) Entering into a contract with a obligations relating directly to program (CFDA): No. 11.112, Market Development market research company to conduct activity. Allowable costs will be Cooperator Program. detailed, product-specific market determined on the basis of the research; Program Description: The goal of the applicable cost principles, i.e., OMB (4) Assigning industry specialists to MDCP identified in authorizing Circulars A–21, A–87, and A–122; 45 work with Department of Commerce/ legislation is to develop, maintain, and CFR Part 74, Appendix E; and 48 CFR U.S. Executive Director Procurement Part 31. No indirect costs will be paid expand foreign markets for Liaison Offices at the Multilateral with Department of Commerce funding nonagricultural goods and services Development Banks to seek out and under this program. produced in the United States. For develop procurement opportunities; A minimum of one half (1⁄2) of each purposes of this program, (5) Underwriting the cost of overseas applicant’s support must be in the form ‘‘nonagricultural goods and services’’ market research or overseas trade of new cash outlays expressly for the means goods and services other than exhibitions and trade missions to project. The balance of the applicant’s agricultural products as defined in 7 promote U.S. exports, or covering the support may consist of in-kind U.S.C. 451. ‘‘Produced in the United expenses of reverse trade missions and/ contributions (goods and services). In States’’ means having substantial inputs or foreign buyer group travel to U.S. the proposed budget, all in-kind of materials and labor originating in the domestic trade shows; contributions to be used in meeting the United States, such inputs constituting (6) Overseas U.S. product applicant’s share of costs should be at least 50 percent of the value of the demonstrations; listed in a separate column from cash good or service to be exported. The (7) Export seminars in the United contributions. A separate budget intended beneficiaries of the program States or market penetration seminars in narrative describing these in-kind are U.S. producers of nonagricultural the market(s) to be developed; contributions should also be included goods or services that seek to export (8) Technical trade servicing that with the proposal. This information such goods or services. helps overseas buyers to choose the should be in sufficient detail for a MDCP funds should not be viewed as right U.S. good(s) or service(s) and to determination to be made that the a replacement for funding from other use the good or service efficiently; requirements of OMB Circular A–110, sources, either public or private. An (9) Joint promotions of U.S. goods or section 23(a), and 15 CFR Part 24.24 (a) important aspect of this program is to services, with foreign customers; and (b) are met. increase the sum of Federal and non- (10) Training of foreign nationals to Applicants may charge companies in Federal export market development perform after-sales service or to act as the industry or other industry activities. This result can best be distributors for U.S. goods or services; organizations reasonable fees to take achieved by using program funds to (11) Working with organizations in part in or avail themselves of services encourage new initiatives. In addition to the foreign marketplace responsible for provided as part of applicants’ projects. new initiatives, expansion of the scope setting standards and for product testing Applicants should describe in detail of an existing project also may qualify to improve market access for U.S. goods plans to charge fees. for funding consideration. Eligible or services; Type of Funding Instrument: Since organizations that have previously (12) Publishing an export resource ITA will be substantially involved in the received an MDCP award must propose guide or an export product directory for implementation of each project for a new project or expansion of an the U.S. industry or industries in which an award is made, the funding existing project to receive consideration question if no comparable one exists; instrument for this program will be a for a new award. and cooperative agreement. For each award, The Department of Commerce (13) Establishing an electronic the recipient and ITA Program Officer encourages applicants to propose business information system to identify shall establish a project team to include activities that would be most trade leads and facilitate matches with personnel from ITA. The project team appropriate to the market development foreign partners. will: collaborate with the recipient by needs of their U.S. industry or Funding Availability: The total working jointly with the recipient in industries. The following are examples amount of funds available for this carrying out the scope of work of the of activities which applicants might program is $2.0 million for fiscal year project effort; specify direction or include in an application (no one of (FY) 96. The Department expects to redirection of the scope of work due to these activities or any combination of conclude a minimum of four (4) inter-relationships with other projects these activities must be included for an cooperative agreements with eligible such as requiring the recipient to application to receive favorable entities for this program. Each achieve a specific level of cooperation consideration). Many of these activities cooperative agreement will not exceed a with other projects; and determine are being undertaken by current Market total of $500,000, regardless of the mode of project operations and other Development Cooperator Program award duration of the award. management processes, coupled with winners: Matching Requirements: Applicants close monitoring or operational (1) Opening an overseas office or will be expected to supply two thirds involvement during performance of the offices to perform a variety of market (2⁄3) of total project costs, with the project. development services for companies Federal portion to be one third (1⁄3). The Eligibility Criteria: Trade associations, joining a consortium to avail themselves Department of Commerce will support nonprofit industry organizations, state of such services; such an office should only a portion of the direct costs of each trade departments and their regional not duplicate the programs or services project. Each applicant will support a associations including centers for of the U.S. and Foreign Commercial portion of the direct costs (to be international trade development, and Service (US&FCS) post(s) in the region, specified in the application). Generally, private industry firms or groups of firms Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30035 in cases where no entity described marketplace and the export promotion addition to the BEMs, strong relations above represents that industry are history of the eligible entity or entities with mature export markets such as eligible to apply for cooperative submitting the application. Europe and Japan are encouraged. agreements under this program. For the Project proposals must be compatible Sectors: Major project infrastructure purpose of this program, a ‘‘nonprofit with U.S. trade and commercial policy. development, transportation industry organization’’ is defined as any Award Period: Funds may be technologies, energy technologies, nonprofit organization (such as some expended over the period of time information technologies, health chambers of commerce and world trade required to complete the scope of work, technologies, environmental centers) made up of firms in an but not to exceed three (3) years from technologies and financial services. industry, or which is established or the date of the award. In addition, projects that concentrate funded by and which operates on behalf Indirect Costs: The total dollar on the following priorities present of an industry. For the purpose of this amount of the indirect costs proposed in opportunities to develop, maintain and program, a ‘‘trade association’’ is an application under this program must expand overseas markets and create and defined as consisting of member firms not exceed the indirect cost rate support U.S. jobs: in the same industry, or in related negotiated and approved by a cognizant (1.) Advocacy: (a.) Assistance to U.S. industries, or which share common Federal agency prior to the proposed companies/consortia bidding on major commercial concerns. The purpose of effective date of the award or 100 foreign contracts; (b.) Development of a the trade association is to further the percent of the total proposed direct response to foreign anti-competitive commercial interests of its members costs dollar amount in the application, practices, such as bribery and subsidies, whichever is less. Department of through the exchange of information, that unfairly disadvantage U.S. Commerce funds can not be used to pay legislative activities, and the like. companies in global competitions; Eligible entities may join together to indirect costs. Application Forms and Kit: Standard (2.) Trade Agreements Monitoring: submit an application as a joint venture Monitoring of foreign compliance with and to share costs. One organization Forms 424 (Rev. 4–92) Application for Federal Assistance, 424A (Rev. 4–92) our trade agreements such as NAFTA, must be designated as the recipient WTO and sector-specific agreements; organization for administrative purposes Budget Information—Non-Construction Programs, 424B (Rev. 4–92) (3.) Facilitating the involvement in for joint venture applicants. For exporting of small and medium-sized example, two trade associations Assurances—Non-Construction Programs, SF–LLL, Disclosure of U.S. businesses and traditionally representing different segments of a disadvantaged or under served groups, single industry or related industries may Lobbying Activities and other especially as suppliers/subcontractors pool their resources and submit one Department of Commerce forms (CD– for major infrastructure projects; application. Foreign businesses and 511, Certifications Regarding (4.) Working cooperatively to support private groups also may join with Debarment, Suspension and Other ITA market development initiatives. eligible U.S. organizations to submit Responsibility Matters; Drug-Free Examples of such activities could applications and to share the costs of Workplace Requirements and Lobbying; include: participating in the activities of proposed projects. The Department of CD–512, Certifications Regarding Business Development Committees or Commerce will accept applications from Debarment, Suspension, Ineligibility eligible entities representing any and Voluntary Exclusion—Lower Tier Councils ITA establishes with other industry, subsector of an industry or Covered Transactions and Lobbying), countries such as Argentina, Brazil, related industries. Each applicant must which are required as part of the Russia, South Africa, India, China; permit all companies in the industry in application, are available from the locating an office at, or actively utilizing question to participate, on equal terms, contact person indicated above. the facilities of a U.S. Department of in all activities that are scheduled as Applicants must submit a signed Commerce-sponsored Commerical part of a proposed project whether or original and two (2) copies of the Center, such as those already not the company is a member or application and supporting materials. established in Sao Paulo, Brazil and constituent of the eligible organization. Project Funding Priorities: Jakarta, Indonesia and soon-to-be Eligible entities desiring to participate Applications may be targeted for any established in Shanghai, China; and in this program must demonstrate the market in the world and/or industry supporting ITA-sponsored trade events. ability to provide a competent, covered by ITA’s industry units Developing a project plan requires experienced staff and other resources to (Technology and Aerospace Industries, solid background research. Applicants assure adequate development, Basic Industries, Service Industries and should study, and applications should supervision and execution of the Finance, Textiles, Apparel and reflect such study of, the following: proposed project activities. Applicants Consumer Goods Industries, 1. The market potential of the U.S. must describe in detail all assistance Environmental Technologies Exports good(s) or service(s) to be promoted in expected from the Department of and Tourism Industries). In ITA’s view a particular market(s), Commerce or other Federal Government the following markets and industry 2. The competition from host-country agencies to implement project activities sectors offer exceptional opportunities and third-country suppliers, and successfully. Each applicant must for U.S. exports and export related job 3. The economic situation and provide a description of the creation or support in the U.S.: prospects that bear upon the ability of membership qualifications, structure Geographic Markets: The Big a country to import the U.S. good(s) or and composition of the eligible entity, Emerging Markets (BEMs) of Argentina, service(s). the degree to which the entity the Association of Southeast Asian Applicants should present in their represents the industry or industries in Nations (ASEAN—Brunei, Indonesia, applications an assessment of industry question, and the role, if any, foreign Malaysia, the Philippines, Singapore, resources that can be brought to bear on membership plays in the affairs of the Thailand and Vietnam), Brazil, the developing a market; the industry’s eligible entity. Applicants should Chinese Economic Area (Peoples ability to meet potential market demand summarize both the recent history of Republic of China, Taiwan and Hong expeditiously; and the industry’s after- their industry or industries’ Kong), India, Korea (South), Mexico, sales service capability in a particular competitiveness in the international Poland, South Africa, and Turkey. In foreign market(s). 30036 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

After describing their completed basic evaluate the applications submitted or final impacts (the effect of an research, applicants should develop under the program. The Senior Officer outcome). marketing plans that set forth the overall Review Panel, consisting of at least Applicants for this year’s MDCP objectives of the projects and the three people, will review all competition should describe in their specific activities applicants will applications based on the criteria stated proposals performance indicators of the undertake as part of these projects. above. The Senior Officer Review Panel type envisioned by GPRA that they Applications should display the will identify and rank the top ten intend to use to measure the results of imagination and innovation of the proposals and make recommendations their MDCP projects. Applicants should private sector working in partnership to the Assistant Secretary for Trade consult the MDCP application kit for with the Government to obtain the Development concerning which of the more information, key terms and maximum market development impact. proposals should receive awards. The definitions used in developing Evaluation Criteria: The Department Assistant Secretary for Trade performance indicators under GPRA. of Commerce is interested in projects Development will make the final Other Requirements that demonstrate the possibility of both recommendations regarding the funding significant results during the project of applications from the group of ten (1) Federal Policies and Procedures— period and lasting benefits extending identified by the Senior Officer Review Recipients and subrecipients are subject beyond the project period. To that end, Panel. to all Federal laws and Federal and consideration for financial assistance In making his decision, the Assistant Department of Commerce policies, under the MDCP will be based upon the Secretary for Trade Development will regulations, and procedures applicable following evaluation criteria: consider the following: to Federal financial assistance awards. (1) Potential of the project to generate 1. The evaluations of the individual (2) Past Performance—Unsatisfactory export sales or major foreign project/ reviewers of the Senior Officer Review performance under prior Federal awards contract success stories in both the short Panel; may result in an application not being and medium-term. Applicant should 2. The degree to which applications considered for funding. provide estimates of projected project satisfy the MDCP’s goals and objectives (3) Preaward Activities—If applicants results, along with detailed as established under the Project Funding incur any costs prior to an award being explanations. Priorities listed above; made, they do so solely at their own risk (2) The degree to which the proposal 3. The geographic distribution of the of not being reimbursed by the furthers or is compatible with ITA’s proposed awards; Government. Notwithstanding any priorities and the markets and industry 4. The diversity of industry sectors verbal or written assurance that they sectors identified above and the degree covered by the proposed grant awards; may have received, there is no to which a proposal initiates or 5. The diversity of project activities obligation on the part of the Department enhances partnership with the represented by the proposed awards; of Commerce to cover preaward costs. Department of Commerce. 6. Avoidance of redundancy and (4) No Obligation for Future (3) Creativity and innovation conflicts with the initiatives of other Funding—If an application is selected displayed by the work plan while at the Federal agencies; and for funding, the Department of same time being realistic. 7. The availability of funds. Commerce has no obligation to provide (4) The institutional capacity of the Performance Measures any additional future funding in applicant to carry out the work plan and connection with that award. Renewal of the willingness and ability of the On August 3, 1993, the Government an award to increase funding or extend applicant to back up promotional Performance and Results Act (GPRA) the period of performance is at the total activities with aggressive marketing and was enacted into law (Public Law 103– discretion of the Department of after-sales service. 62). Section 4 of the GPRA requires each Commerce. (5) Reasonableness of the itemized agency to submit to the Office of (5) Delinquent Federal Debts—No budget for project activities and Management and Budget (OMB), award of Federal funds shall be made to probability that the project can be beginning with FY 99, a strategic plan an applicant who has an outstanding continued on a self-sustained basis after for program activities. Among other delinquent Federal debt until either: the completion of the award. things, each plan is to include i. The delinquent account is paid in (6) Projected increase in the number ‘‘performance indicators to be used in full, of U.S. companies operating (multiplier measuring or assessing the relevant ii. A negotiated repayment schedule is effect) in the market(s) selected. outputs, service levels and outcomes of established and at least one payment is Applicant should provide quantifiable each program activity.’’ received, or estimates of projected increases. Intent OMB decided not to wait to begin iii. Other arrangements satisfactory to and capability of the applicant to enlist development of the new performance the Department of Commerce are made. the participation of small and medium indicators called for in GPRA. As part 6. Name Check Review. All non-profit size U.S. companies in consortia and of the process of preparing the and for-profit applicants are subject to a activities that are to be part of the President’s FY 1996 budget, OMB asked name check review process. Name proposed project. agencies to submit prospective GPRA- checks are intended to reveal if any key type performance indicators they intend individuals associated with the Evaluation Criteria to use in future years. applicant have been convicted of or are Criterion #1—maximum 20 points Accordingly, current MDCP presently facing criminal charges such Criterion #2—maximum 20 points participants were asked to identify new as fraud, theft, perjury, or other matters Criterion #3—maximum 20 points GPRA-type performance indicators as which significantly reflect on the Criterion #4—maximum 15 points part of their FY 1996 operating plans. applicant’s management honesty or Criterion #5—maximum 15 points These indicators will include not only financial integrity. Criterion #6—maximum 10 points program inputs and outputs, but also 7. Primary Applicant Certifications. Selection Procedures: Each measures that may be applied to All primary applicants must submit a application will receive an independent, determine outcomes (what happens as a completed Form CD–511, objective review by a panel qualified to direct result of an output being created) ‘‘Certifications Regarding Debarment, Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30037

Suspension and Other Responsibility subject to Executive Order 12372, Protected Resources at 301–713–2055, Matters; Drug Free Workplace ‘‘Intergovernmental Review of Federal or Brent Norberg, Northwest Regional Requirements and Lobbying,’’ and the Programs.’’ Office at 206–526–6733. following explanations are hereby 11. Buy American-Made Equipment SUPPLEMENTARY INFORMATION: provided: and Products—Applicants are hereby i. Nonprocurement Debarment and notified that they will be encouraged, to Background Suspension. Prospective participants (as the greatest extent practicable, to Section 101(a)(5)(A) of the MMPA (16 defined at 15 CFR part 26, section 105) purchase American-made equipment U.S.C. 1361 et seq.) directs NMFS to are subject to 15 CFR part 26, and products with funding provided allow, upon request, the incidental, but ‘‘Nonprocurement Debarment and under this program. not intentional, taking of marine Suspension’’ and the related section of Classification: This notice has been mammals by U.S. citizens who engage the certification form prescribed above determined to be not significant for in a specified activity (other than applies; purposes of Executive Order 12866. The commercial fishing) within a specified ii. Drug-Free Workplace. Grantees (as standard forms reference in this notice geographical region if certain findings defined at 15 CFR part 26, section 605) are cleared under OMB Control No. are made and regulations are issued. are subject to 15 CFR part 26, subpart 0348–0043, 0348–0044, 0348–0040, and Permission may be granted if NMFS F, ‘‘Governmentwide Requirements for 0348–0046 pursuant to the Paperwork finds that the taking will have a Drug-Free Workplace (Grants)’’ and the Reduction Act. negligible impact on the species or related section of the certification form Dated: June 7, 1996. stock(s), will not have an unmitigable prescribed above applies; Jerome S. Morse, adverse impact on the availability of the iii. Anti-Lobbying. Persons (as defined species or stock(s) for subsistence uses, at 15 CFR part 28, section 105) are Director, Resource Management and Planning, Staff, Trade Development. and the permissible methods of taking subject to the lobbying provisions of 31 and requirements pertaining to the [FR Doc. 96–15013 Filed 6–12–96; 8:45 am] U.S.C. 1352, ‘‘Limitations on use of monitoring and reporting of such taking appropriated funds to influence certain BILLING CODE 3510±DR±P are set forth. Federal contracting and financial The MMPA Amendments of 1994 transactions,’’ and the lobbying section established an expedited process by National Oceanic and Atmospheric of the certification form prescribed which citizens of the United States can Administration above applies to applications/bids for apply for an authorization to grants, cooperative agreements, and [I.D. 051496A] incidentally take small numbers of contracts for more than $100,000, and marine mammals by harassment. The loans and loan guarantees for more than Small Takes of Marine Mammals MMPA defines ‘‘harassment’’ as: $150,000, or the single family maximum Incidental to Specified Activities; Haro Strait Oceanographic Experiment ** *any act of pursuit, torment, or mortgage limit for affected programs, annoyance which (a) has the potential to whichever is greater; and AGENCY: National Marine Fisheries injure a marine mammal or marine mammal iv. Anti-Lobbying Disclosures. Any stock in the wild; or (b) has the potential to applicant that has paid or will pay for Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), disturb a marine mammal or marine mammal lobbying using any funds must submit stock in the wild by causing disruption of an SF–LLL, ‘‘Disclosure of Lobbying Commerce. behavioral patterns, including, but not Activities,’’ as required under 15 CFR ACTION: Notice of issuance of an limited to, migration, breathing, nursing, part 28, Appendix B. incidental harassment authorization. breeding, feeding, or sheltering. 8. Lower Tier Certifications. SUMMARY: In accordance with provisions New subsection 101(a)(5)(D) Recipients shall require applicants/ of the Marine Mammal Protection Act establishes a 45-day time limit for bidders for subgrants, contracts, (MMPA) as amended, notification is NMFS review of an application subcontracts, or other lower tier covered hereby given that an Incidental followed by a 30-day public notice and transactions at any tier under the award Harassment Authorization to take small comment period on any proposed to submit, if applicable, a completed numbers of marine mammals by authorizations for the incidental Form CD–512, ‘‘Certifications Regarding harassment incidental to conducting a harassment of small numbers of marine Debarment, Suspension, Ineligibility physical oceanography experiment in mammals. Within 45 days of the close and Voluntary Exclusion—Lower Tier Haro Strait, Puget Sound, WA has been of the comment period, NMFS must Covered Transactions and Lobbying’’ issued jointly to Prof. Henrik Schmidt of either issue or deny issuance of the and disclosure form, SF–LLL, the Department of Ocean Engineering, authorization. ‘‘Disclosure of Lobbying Activities.’’ and Mr. Patrick Miller of the Form CD–512 is intended for the use of Summary of Request Department of Biology, Massachusetts recipients and should not be transmitted On January 31, 1996, NMFS received Institute of Technology (MIT), to the Department of Commerce. SF– a complete application from MIT Cambridge, MA. LLL submitted by any tier recipient or requesting an authorization for the EFFECTIVE DATE: subrecipient should be submitted to the This authorization is harassment of small numbers of marine Department of Commerce in accordance effective from June 10, 1996, to July 5, mammals incidental to conducting a with the instructions contained in the 1996. physical oceanography experiment that award document. ADDRESSES: The application, uses sound to study the flow field and 9. False Statements. A false statement authorization, and environmental mixing processes in Haro Strait, in the on an application is grounds for denial assessment (EA) are available from the San Juan Island Archipelago (Puget or termination of funds and grounds for following office: Marine Mammal Sound) WA, just south of Stuart Island possible punishment by a fine or Division, Office of Protected Resources, (48o39’00’’ N, 123o11’00’’ W). imprisonment as provided in 18 U.S.C. NMFS, 1315 East-West Highway, Silver The experiment, which will be from 1001. Spring, MD 20910. June 10 through July 5, 1996, for a total 10. Intergovernmental Review— FOR FURTHER INFORMATION CONTACT: of 26 days, is scheduled to take Applications under this program are not Kenneth Hollingshead, Office of advantage of the extreme ebb tides that 30038 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices occur only twice a year. The species of conducting activities otherwise allowed sources that will be used by this marine mammals requested for by law would be to deny an exemption experiment. Calculations indicate that incidental harassment are as follows: that is authorized by the MMPA marine mammals would need to be Harbor porpoise (Phocoena phocoena), provided the best scientific information closer than .25 m of the long-base-line killer whale (Orcinus orca), Dall’s and evidence available indicates that transponders in order to potentially porpoise (Phocoenoides dalli), and the take is incidental, only small receive hearing damage; for other harbor seal (Phoca vitulina). Additional numbers of marine mammals are taken, sources, animals would need to be even species that are rare or only occasionally and the impact on marine mammals and closer. However, the applicant presumes seen in the area at the time of the their habitat is negligible. that the near-field effects might cause experiment may include: Minke whale, Comment: The purpose of the project the distance to be slightly greater (but elephant seal, Pacific white-sided would be to negatively impact marine less than 1 m), than calculated by dolphin, northern sea lion, California life, specifically and intentionally to spherical spreading alone. As a result, sea lion, humpback whale, and gray cause harassment or harm; sounds are NMFS and the applicant believe that whale. General information on these being broadcast to determine if it will there is virtually no possibility of species can be found in Barlow et al. affect marine mammals; and sounds are inflicting permanent hearing damage on 1995 (NOAA Tech. Mem. NMFS- being transmitted to see if they can any marine mammals. SWFSC–219). More specific information withstand the noise. Comment: Marine mammals on marine mammals species in Puget Response: As stated in the proposed (especially killer whales) already endure Sound waters, and a description of the authorization, the project is a physical an unacceptable amount of noise physical oceanography experiment can oceanography project that uses various pollution and harassment due to depth be found in the application and in an sound sources to study the flow field finders, boat/tanker traffic, and whale- EA, which are available upon request and mixing processes in Haro Strait, watching expeditions. NMFS should (see ADDRESSES). Puget Sound, WA. It is not a research consider assessing whether sounds to be A notice of receipt of the application project designed to study the effects of used in the proposed experiment, sound on marine mammals. However, and the proposed authorization was combined with sounds from other an extensive mitigation and monitoring published on March 28, 1996 (61 FR sources, could have non-negligible program, as required under section 13847) and a 30-day public comment effects on marine mammals. 101(a)(5)(D) of the MMPA, has been period was provided on the application Response: NMFS notes that, even and proposed authorization. Additional designed as part of this project to assess impacts of sounds that may potentially with various sources of anthropogenic information on the mitigation and sources of noise in the marine monitoring program was provided on harass marine mammals and to ensure that these impacts are the lowest level environment, the southern resident April 9, 1996 (61 FR 15785). During the community of killer whales in Puget comment period and subsequent to its practicable. Therefore, in addition to providing information on the physical Sound has increased 40 percent since closure, several letters were received. 1976. However, activities and the Other than information necessary to oceanographic processes in Haro Strait, the experiment will also provide potential impact of unregulated noise respond to comments, additional from these activities on marine information on the activity and information and data on the effects of high frequency sounds on marine mammals are of concern to NMFS. The authorization request can be found in monitoring measures planned in the above-mentioned Federal Register mammals. Comment: Sounds would cause harm conjunction with this short-term documents and does not need to be to a variety of ocean mammals and other oceanography project may provide some repeated here. sea creatures. insight into behavioral responses by Comments and Responses Response: The proposed authorization marine mammals to high frequency analyzed potential impacts and the sounds. Authorization Concerns mitigation measures proposed to reduce Habitat Exclusion Concerns Comment: Do not permit this these potential impacts on marine experiment. mammals to the lowest level Comment: The marine mammals may Response: NMFS would like to make practicable. These impacts are also be negatively affected to the point where clear that it does not authorize the analyzed in the EA prepared for this they vacate the area of the experiment. project, only the incidental harassment authorization. Based upon the best This will have a very negative effect on of marine mammals occurring as a result scientific information available, NMFS the animals, depriving them of their of this project. Not issuing a permit does has determined that this physical natural and normal foraging area. Also, not necessarily terminate the project. oceanography project would have only by forcing marine mammals from their Comment: Because there are too many a negligible impact on the stocks of habitats would result in competition unknowns as to the impacts on their marine mammals in the Haro Straits with other species over scarce food. sonar, hearing and feeding habits, the area. While statutorily authorized under Response: The only marine mammal research permit should be denied. the MMPA, the potential to cause Level species that might be affected by habitat Response: The requested A harassment (injury) to marine exclusion are the harbor porpoise and authorization is for an exemption to the mammals is considered unlikely, killer whale. As a result, a monitoring MMPA’s prohibition on taking for the provided planned mitigation and program will be implemented that will harassment of small numbers of marine monitoring measures that have been involve suspension of the experiment, mammals incidental to conducting a proposed by the applicant are recovery of species abundance in the specified activity within a specified incorporated. area and termination if habitat exclusion geographic region. This is an Comment: Sound may damage the continues. Please refer to the earlier authorization issued under section hearing of marine mammals. Federal Register notices (61 FR 13847, 101(a)(5)(D) of the MMPA, not for a Response: The proposed authorization March 28, 1996 and 61 FR 15785, April scientific research permit under section provided detailed analyses on the 9, 1996) for detailed discussion on the 104 of the MMPA. To prohibit potential for auditory damage to marine mitigation measures planned to address incidental takings that occur while mammals from the various sound this concern. Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30039

Comment: The sound would impact would also benefit from spring harassment authorization. For that an area far wider than suggested, given freshwater flows. The winter alternative reason, NMFS determined that issuance the rock faces, steep pitches and water is unacceptable to the applicant and of an incidental harassment mass interactions in Haro Straits. NMFS, because weather conditions at authorization to MIT was categorically Response: The applicant has provided that time of the year would make excluded (CE) (as defined in 40 CFR detailed analyses of the attenuation of operations extremely difficult and 1508.4) from the preparation of either an these sources, using spherical and would make marine mammal environmental impact statement or an cylindrical models and factoring in monitoring virtually impossible. EA under the National Environmental propagation loss. Without providing Policy Act and section 6.02.c.3(i) of Monitoring Concerns scientific information or references to NOAA Administrative Order 216–6 for support the comment, NMFS is unable Comment: There would not be any Environmental Review Procedures to analyze the veracity of this comment. independent monitoring. The (published August 6, 1991). However, as Comment: If this experiment should researchers would be basically policing a result of the comments received on somehow affect the orcas in that they themselves, because the person in this application, NMFS has reviewed decide to move out of the area for a charge of monitoring impacts is also the conditions under which it number of days the whale watching employed by Woods Hole. considered the incidental harassment industry would be economically Response: There is no requirement authorization to MIT to be a CE and has affected. The marine mammals are the under the MMPA that monitoring be determined that, because of the lack of natural resource that the whalewatching independent of the activity. As noted in public perception on the effects of high industry relies upon to exist. the proposed authorization, the frequency noise on marine mammals, an Response: Since NMFS does not applicant is a faculty member of the EA should be prepared to address these authorize the project, only the Department of Ocean Engineering, MIT, concerns. Based upon that EA, the harassment of marine mammals while the person conducting the Assistant Administrator has determined incidental to the activity, the economic monitoring is in the Department of that issuance of this authorization will impact on the commercial whale watch Biology, MIT. Because the monitoring not have a significant impact on the industry is not within the scope for program under this activity is more human environment. As a result of this consideration under the MMPA. complex than most, NMFS has determination, an environmental impact However, as noted in the application determined that both participants statement is not required. The EA is and in the previous notices, the should be covered under the available upon request (see ADDRESSES). experiment will contain mitigation and authorization. In addition to a monitoring measures that will avoid to monitoring team, the applicants have Conclusions the extent possible habitat exclusion by established an advisory board for Based upon the information provided harbor porpoise and killer whales. monitoring this activity’s impacts on in this notice, the two notices of Comment: During June and July, marine mammals. These advisors are proposed authorization, and in an EA resident orcas have superpods in that scientists operating in Haro Strait and on this matter, area with the intent of mating. If this are from the Friday Harbor Whale NMFS has determined that the short- experiment should thwart the superpod Museum, the University of Victoria, the term impact on marine mammals from mating, the results will not be clear to University of Washington, and the conducting a physical oceanography us now but could affect the future of the Canadian Department of Fisheries and experiment between June 10 and July 5, resident pods. Oceans, none are from MIT. The 1996, using high-frequency sound to Response: According to the applicants have agreed to follow the study the flow field and mixing information available to NMFS, there recommendations of the scientific processes in Haro Strait, Puget Sound, are approximately 90 resident killer oversight committee in scheduling WA, will result in a negligible impact whales in the southern community and activities. on marine mammals. This impact is 45 transient animals. Based upon Comment: The sound source must be expected to be limited to a short-term Olesiuk et al. (1990) and Bain (pers. monitored at all times during these tests modification in behavior by certain comm. to B. Norberg, May 1996), there with assurances that it will be halted if species of marine mammals. While appears to be a bimodal calving period any marine mammals are observed behavioral modifications may be made for killer whales which would indicate having behavioral changes or injuries. by these species to avoid noise, this that successful breeding is mostly taking Response: NMFS agrees. Please refer behavioral change is expected to have place from April to mid-June and again to the notice of proposed authorization only a negligible impact on the animals. in Sept/Oct. This bi-modal period, the (61 FR 13847, March 28, 1996) where However, the mitigation and monitoring short-term of the research project (June this issue was addressed in detail. measures that are part of the 10–July 5) and the mitigation measures authorization will provide additional imposed to protect killer whales, National Environmental Policy Act protection to ensure that the project’s indicates that this comment does not Concerns impact on marine mammals is at the appear to warrant additional mitigation Comment: An Environmental Impact lowest level practicable. NMFS has also measures be imposed on the Statement must be prepared prior to determined that this experiment will experiment. authorization. not have an unmitigable adverse impact Comment: The experiment should be Response: In the notice of proposed on the availability of this stock for done in winter months (so the authorization (61 FR 13847, March 28, subsistence uses. whalewatching industry would be 1996), NMFS announced that it had Since NMFS is assured that the taking unaffected). conducted a review of the potential will not result in more than the Response: As discussed in the impacts on marine mammals from the incidental harassment (as defined by the proposed authorization, the experiment, issuance of an incidental harassment MMPA Amendments of 1994) of small which will be from June 10 through July authorization to MIT and determined numbers of certain species of marine 5, 1996, is scheduled to take advantage that there would be no more than a mammals, would have only a negligible of the extreme ebb tides that occur only short-term, negligible impact on marine impact on these stocks, will not have an twice a year. This time of the year mammals from the issuance of the unmitigable adverse impact on the 30040 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices availability of these stocks for and wildlife permits (50 CFR parts 217– numbers of smolt releases in and near subsistence uses, and would result in 222). Redfish Lake from the Idaho Department the least practicable impact on the Notice was published on February 27, of Fish and Game’s captive broodstock stocks, NMFS has determined that the 1996 (61 FR 7241) that an application program. Modification 2 is valid for the requirements of section 101(a)(5)(D) had been filed by CZESD (P770#66) for duration of the permit. Permit 946 have been met and the authorization can modification 3 to scientific research expires on December 31, 1999. be issued. permit 900. Modification 3 to permit 900 was issued on June 5, 1996. Permit Notice was published on February 29, Authorization 900 authorizes CZESD a direct take of 1996 (61 FR 7776) that an application For the above reasons, NMFS has juvenile, threatened, naturally-produced had been filed by NBS (P45L) for issued an incidental harassment and artificially-propagated, Snake River modification 1 to scientific research authorization for approximately 30 days spring/summer chinook salmon permit 905. Modification 1 to permit between June 10 and July 5, 1996 for the (Oncorhynchus tshawytscha) and an 905 was issued on June 6, 1996. Permit above described experiment provided incidental take of juvenile, threatened, 905 authorizes a direct take of juvenile, the above mentioned mitigation, Snake River fall chinook salmon threatened, Snake River fall chinook monitoring and reporting requirements (Oncorhynchus tshawytscha) and salmon (Oncorhynchus tshawytscha) are undertaken. juvenile, endangered, Snake River and an indirect take of juvenile, sockeye salmon (Oncorhynchus nerka) Dated: June 7, 1996. threatened, Snake River spring/summer associated with three scientific research chinook salmon (Oncorhynchus Patricia A. Montanio, studies. For modification 3, CZESD is Deputy Director, Office of Protected tshawytscha) associated with four dam authorized to supplement their annual and reservoir passage survival studies Resources, National Marine Fisheries Service. take of ESA-listed fish associated with [FR Doc. 96–15060 Filed 6–12–96; 8:45 am] on the Snake River. For modification 1, Study 1, a dam and reservoir passage NBS is authorized to expand their BILLING CODE 3510±22±F survival study, with juvenile, ESA- sampling locations to include all of the listed, Snake River spring/summer Snake River dams and McNary Dam on chinook salmon captured as an indirect [I.D. 060796C] take by NBS under the authority of the Columbia River. The sampling scientific research permit 817. Permit location expansion is needed to acquire Endangered Species; Permits 817 authorizes NBS takes of ESA-listed the desired sample size of juvenile ESA- listed fish currently authorized to be AGENCY: National Marine Fisheries juvenile fish associated with a fall taken for electrophoretic genetic Service (NMFS), National Oceanic and chinook salmon study. In addition, Atmospheric Administration (NOAA), CZESD is authorized a take of ESA- research. NBS is also authorized to Commerce. listed juvenile fish associated with an capture, handle, and release a greater additional project designed to evaluate number of ESA-listed juvenile fish: 1) to ACTION: Issuance of modification 3 to the new surface collector at Lower obtain non-lethal tissue samples from permit 900 (P770#66), modification 2 to Granite Dam on the Snake River in WA run-at-large juvenile spring chinook permit 946 (P770#68), and modification and to release the ESA-listed juvenile 1 to permit 905 (P45L). salmon and fall chinook salmon fish to be captured and handled for yearlings for genetic analysis, and 2) to SUMMARY: Notice is hereby given that Study 1 in the free-flowing Snake River acquire non-lethal gill samples from NMFS has issued modifications to upstream of Lower Granite Reservoir. juvenile fall chinook salmon for a new permits that authorize takes of Modification 3 is valid for the duration study designed to relate passage Endangered Species Act-listed species of Study 1 of the permit. Study 1 of survival to physiological development. for the purpose of scientific research, permit 900 expires on December 31, Modification 1 is valid for the duration subject to certain conditions set forth 1998. of the permit. Permit 905 expires on Notice was published on February 27, therein, to the Coastal Zone and December 31, 1996. Estuarine Studies Division of the 1996 (61 FR 7241) that an application Issuance of the modifications, as Northwest Fisheries Science Center, had been filed by CZESD (P770#68) for required by the ESA, was based on a NMFS at Seattle, WA (CZESD) and the modification 2 to scientific research National Biological Service at Cook, WA permit 946. Modification 2 to permit finding that such actions: (1) Were (NBS). 946 was issued on June 4, 1996. Permit requested in good faith, (2) will not 946 authorizes CZESD takes of juvenile, operate to the disadvantage of the ESA- ADDRESSES: The applications and threatened, naturally-produced and listed species that are the subject of the related documents are available for artificially-propagated, Snake River permits, and (3) is consistent with the review in the following offices, by spring/summer chinook salmon appointment: purposes and policies set forth in (Oncorhynchus tshawytscha); juvenile, section 2 of the ESA and the NMFS Office of Protected Resources, F/PR8, threatened, Snake River fall chinook NMFS, 1315 East-West Highway, Silver regulations governing ESA-listed salmon (Oncorhynchus tshawytscha); species permits. Spring, MD 20910–3226 (301-713-1401); and juvenile, endangered, Snake River and sockeye salmon (Oncorhynchus nerka) Dated: June 7, 1996. Environmental and Technical associated with two survival studies Robert C. Ziobro, Services Division, 525 NE Oregon related to barge transportation. For Acting Chief, Endangered Species Division, Street, Suite 500, Portland, OR 97232– modification 2, CZESD is authorized an Office of Protected Resources, National 4169 (503–230–5400). increase in their takes of juvenile, Marine Fisheries Service. SUPPLEMENTARY INFORMATION: The endangered, Snake River sockeye [FR Doc. 96–15059 Filed 6–12–96; 8:45 am] modifications to permits were issued salmon to adjust for an increase in the BILLING CODE 3510±22±F under the authority of section 10 of the anticipated annual juvenile sockeye Endangered Species Act of 1973 (ESA) salmon outmigration numbers. Annual (16 U.S.C. 1531–1543) and the NMFS sockeye salmon outmigration numbers regulations governing ESA-listed fish are expected to be higher due to greater Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30041

Patent and Trademark Office actual inventor(s) (e.g., an application within two months of the date of the naming the inventorship only as ‘‘Jane ‘‘Notice of Omitted Items’’ (37 CFR [Docket No. 951019254±6136±02] Doe et al.’’) as required by 37 CFR 1.181(f)). An applicant desiring to RIN 0651±XX05 1.41(a) and 1.53(b) is not affected by the submit the omitted page(s) in a adoption of the procedure set forth in nonprovisional application and accept Change in Procedure Relating to an this notice. the date of such submission as the Application Filing Date In a Notice entitled ‘‘Proposed application filing date must file any Changes in Procedures Relating to an AGENCY: Patent and Trademark Office, omitted page(s) with an oath or Application Filing Date’’ (Filing Date Commerce. declaration in compliance with 37 CFR Notice), published in the Federal 1.63 and 1.64 referring to such page(s) ACTION: Notice of change in procedure. Register at 60 FR 56982–84 (November and a petition under 37 CFR 1.182 (with SUMMARY: The Patent and Trademark 13, 1995), and in the PTO Official the petition fee under 37 CFR 1.17(h)) Office (PTO) is implementing a change Gazette at 1181 Off. Gaz. Pat. Office 12– requesting the later filing date within in procedure relating to the treatment of 13 (December 5, 1995), the PTO two months of the date of the ‘‘Notice applications filed without all the pages proposed a change in procedure relating of Omitted Items’’ (37 CFR 1.181(f)). of the specification or without all of the to the treatment of applications filed An applicant willing to accept the figures of the drawings. Under this new without all the pages of the specification application as deposited in the PTO procedure, the PTO will accord a filing or without all of the figures of the need not respond to the ‘‘Notice of date to any application that contains drawings. In view of the comments Omitted Items,’’ and the failure to file a something that can be construed as a received in response to the Filing Date petition under 37 CFR 1.53(c) or 1.182 written description, any necessary Notice, the PTO is adopting the (and the requisite petition fee) as drawing, and, in a nonprovisional proposed change. discussed above within two months of application, at least one claim, The adopted procedure for the the date of the ‘‘Notice of Omitted regardless of whether the application is treatment of applications filed without Items’’ (37 CFR 1.181(f)) will be treated all the pages of the specification or filed without all the pages of the as constructive acceptance by the without all of the figures of the specification or without all of the applicant of the application as drawings is set forth below. figures of the drawings. Applications deposited in the PTO. Amendment of filed without all the pages of the Applications Filed Without All Pages of the specification is required in a specification or without all of the Specification nonprovisional application to renumber the pages consecutively and cancel any figures of the drawings will be treated The Initial Application Examination by mailing a notice indicating that the incomplete sentences caused by the Division reviews application papers to absence of the omitted pages. Such application has been accorded a filing determine whether all of the pages of amendment should be by way of date, but is missing pages of the the specification are present in the preliminary amendment submitted prior specification of figures of drawings. application. If the application is filed to the first Office action to avoid delays The notice will indicate that failure to without all of the page(s) of the timely (37 CFR 1.181(f)) file a petition in the prosecution of the application. specification, but containing something If the application does not contain under 37 CFR 1.53(c) of 1.182 in that can be construed as a written anything that can be construed as a response to such notice will result in description, at least one drawing figure, written description, the Initial the PTO treating the original application if necessary under 35 U.S.C. 113, the Application Examination Division will papers (the original disclosure of the names of all the inventors, and, in a mail a Notice of Incomplete Application intention) as including only those nonprovisional application, at least one (PTO–1123) indicating that the application papers present in the PTO claim, the Initial Application application lacks the specification on the date of deposit. Examination Division will mail a required by 35 U.S.C. 112. The EFFECTIVE DATE: July 22, 1996. ‘‘Notice of Omitted Items’’ indicating applicant may file a petition under 37 FOR FURTHER INFORMATION CONTACT: that the application papers so deposited CFR 1.53(c) (and the petition fee under Robert W. Bahr by telephone at (703) have been accorded a filing date, but are 37 CFR 1.17(i) (37 CFR 1.17(q) in a 305–9285, by facsimile at (703) 308– lacking some page(s) of the provisional application)) asserting that: 6916, or Jeffrey V. Nase by telephone at specification. (1) the missing specification was (703) 305–9285, or by mail addressed to The mailing of a ‘‘Notice of Omitted submitted, or (2) the application papers Box Comments—Patents, Assistant Items’’ will permit the applicant to as deposited contain an adequate Commissioner for Patents, Washington, either: (1) Promptly establish prior written description under 35 U.S.C. 112. D.C. 20231. receipt in the PTO of the page(s) at issue The petition under 37 CFR 1.53(c) must SUPPLEMENTARY INFORMATION: The PTO (generally by way of a date-stamped be accompanied by sufficient evidence is implementing a change in procedure postcard receipt (MPEP 503)), or (2) (37 CFR 1.181(b)) to establish the relating to the treatment of applications promptly submit the omitted page(s) in applicant’s entitlement to the requested filed without all the pages of the a nonprovisonal application and accept filing date (e.g., a date-stamped postcard specification (Section 608.01 of the the date of such submission as the receipt (MPEP 503) to establish prior Manual of Patent Examining Procedure application filing date. An applicant receipt in the PTO of the missing (MPEP)) (e.g., with page numbering asserting that the page(s) was in fact specification). Alternatively, the revealing that page(s) are missing), or deposited in the PTO with the applicant may submit the omitted without all of the figures of the application papers must file a petition specification, including at least one drawings (MPEP 608.02) (e.g., without under 37 CFR 1.53(c) (and the petition claim in a nonprovisional application, drawing figures that are mentioned in fee under 37 CFR 1.17(i) (37 CFR 1.17(q) accompanied by an oath or declaration the specification). The procedure set in a provisional application), which will in compliance with 37 CFR 1.63 and forth in this notice will be incorporated be refunded if it is determined that the 1.64 referring to the specification being into the next revision of the MPEP. page(s) was in fact received by the PTO submitted and accept the date of such The current treatment of applications with the application papers deposited submission as the application filing that fail to identify the names of the on filing) with evidence of such deposit date. 30042 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

Original claims form part of the of Incomplete Application’’ will be significant details of structure or original disclosure and provide their mailed to the applicant(s) indicating arrangement are involved in the article own written description See In re that no filing date has been granted and claims; Anderson, 471 F.2d 1237, 176 USPQ setting a period for submitting a claim. II. Articles made from a particular 331 (CCPA 1973). As such, an The filing date will be the date of material or composition: where the application that contains at least one receipt of at least one claim. See In re invention consists in making an article claim, but dues not contain anything Mattson, 208 USPQ 168 (Comm’r Pats. of a particular material or composition, which can be construed as a written 1980). unless significant details of structure or description of such claim(s), would be As 37 CFR 1.53(b)(2)(ii) permits the arrangement are involved in the article unusual. conversion of an application filed under claims; 35 U.S.C. 111(a) to an application under III. Laminated Structures: where the Nonprovisional Applications Filed 35 U.S.C. 111(b), an applicant in an claimed invention involves only Without at Least One Claim application, other than for a design laminations of sheets (and coatings) of 35 U.S.C. 111(a)(2) requires that an patent, filed under 35 U.S.C. 111(a) on specified material unless significant application for patent include, inter or after June 8, 1995, without at least details of structure or arrangement alia, ‘‘a specification as prescribed by one claim has the alternative of filing a (other than the mere order of the layers) section 112 of this title,’’ and 35 U.S.C. petition under 37 CFR 1.53(b)(2)(ii) to are involved in the article claims; or 111(a)(4) provides that the ‘‘filing date convert such application into an IV. Articles, apparatus or systems of an application shall be the date on application under 35 U.S.C. 111(b), where sole distinguishing feature is which the specification and any which does not require a claim to be presence of a particular material: where required drawing are received in the entitled to its date of deposit as a filing the invention resides solely in the use Patent and Trademark Office.’’ 35 U.S.C. date. Such a petition, however, must be of a particular material in an otherwise 112, first paragraph, provides, in part, filed prior to the expiration of twelve old article, apparatus or system recited that ‘‘[t]he specification shall contain a months after the date of deposit of the broadly in the claims, for example: written description of the invention,’’ application under 35 U.S.C. 111(a), and a. A hydraulic system distinguished and 35 U.S.C. 112, second paragraph, comply with the other requirements of solely by the use therein of a particular provides that ‘‘[t]he specification shall 37 CFR 1.53(b)(20(ii). hydraulic fluid; conclude with one or more claims b. Packaged sutures wherein the Applications Filed Without Any particularly pointing out and distinctly structure and arrangement of the Drawings claiming the subject matter which the package are conventional and the only applicant regards as his invention.’’ 35 U.S.C. 111(a)(2)(B) and 111(b)(2)(B) distinguishing feature is the use of a Also, the Court of Appeals for the each provide, in part, that an particular material. Federal Circuit stated in Litton Systems, ‘‘application shall include * * * a A nonprovisional application having Inc. v. whirlpool Corp.: drawing as prescribed by section 113 of at least one claim, or a provisional this title’’ and 35 U.S.C. 111(a)(4) and application having at least some Both statute, 35 U.S.C. 111[(a)], and federal disclosure, directed to the subject matter regulations, 37 CFR 1.151[(a)(1)], make clear 111(b)(4) each provide, in part, that the the requirement that an application for a ‘‘filing date * * * shall be the date on discussed above for which a drawing is patent must include * * * a specification which * * * any required drawing are usually not considered essential for a and claims. * * * The omission of any one received in the Patent and Trademark filing date, not describing drawing of these component parts makes a patent Office.’’ 35 U.S.C. 113 in turn provides figures in the specification, and filed application incomplete and thus not entitled that an ‘‘applicant shall furnish a without drawings will usually be to a filing date. drawing where necessary for the processed for examination, so long as 728 F.2d 1423, 1437, 221 USPQ 97, 105 understanding of the subject matter the application contains something that (Fed. Cir. 1984) (citing Gearon v. United sought to be patented.’’ can be construed as a written States, 121 F.Supp 652, 654, 101 USPQ Applications filed without drawings description and the names of all the 460, 461 (Ct. Cl. 1954), cert. denied, 348 are initially inspected to determine inventors. A nonprovisional application U.S. 942, 104 USPQ 409 (1955)) whether a drawing is referred to in the having at least one claim, or a (emphasis in the original). specification, and if not, whether a provisional application having at least Therefore, in an application filed drawing is necessary for an some disclosure, directed to the subject under 35 U.S.C. 111(a), a claim is a understanding of the invention. 35 matter discussed above for which a statutory requirement for according a U.S.C. 113. drawing is usually not considered filing date to the application. 35 U.S.C. In general, it has been PTO practice to essential for a filing date, describing 162 and 171 make 35 U.S.C. 112 treat an application that contains at least drawing figure(s) in the specification, applicable to plant and design one process or method claim as an but filed without drawings will be applications, and 35 U.S.C. 162 application for which a drawing is not treated as an application filed without specifically requires the specification in necessary for an understanding of the all of the drawing figures referred to in a plant patent application to contain a invention under 35 U.S.C. 113. The the specification as discussed below, so claim. 35 U.S.C. 111(b)(2), however, same practice has been followed in long as the application contains provides that ‘‘[a] claim, as required by composition applications. Other something that can be construed as a the second through fifth paragraphs of situations in drawings are usually not written description and the names of all section 112, shall not be required in a considered necessary for an the inventors. In a situation in which provisional application.’’ Thus, with the understanding of the invention under 35 the appropriate examining group exception of provisional applications U.S.C. 113 are: determines that drawings are necessary filed under 35 U.S.C. 111(b), any I. Coated articles or products: where under 35 U.S.C. 113 the filing date issue application filed without at least one the invention resides solely in coating will be reconsidered on reference from claim is incomplete and not entitled to or impregnating a conventional sheet the examining group. a filing date. (e.g., paper or cloth, or an article of If a nonprovisional application does If a nonprovisional application does known and conventional character with not have at least one claim, or a not contain at least one claim, a ‘‘Notice a particular composition), unless provisional application does not have at Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30043 least some disclosure, directed to the contains something that can be the drawing figures consecutively subject matter discussed above for construed as a written description, at (showing the proposed changes in red which a drawing is usually not least one drawing, if necessary under 35 ink), if necessary, and amendment of the considered essential for a filing date, U.S.C. 113, the names of all the specification is required to correct the and is filed without drawings, the Initial inventors, and, in a nonprovisional references to the drawing figures to Application Examination Division will application, at least one claim, the correspond with any relabelled drawing mail a ‘‘Notice of Incomplete Initial Application Examination figures, both in the brief and detailed Application’’ indicating that the Division will mail a ‘‘Notice of Omitted descriptions of the drawings. Such application lacks drawings and that 35 Items’’ indicating that the application amendment and correction to the U.S.C. 113 requires a drawing where papers so deposited have been accorded drawing figures, if necessary, should be necessary for the understanding of the a filing date, but are lacking some of the by way of preliminary amendment subject matter sought to be patented. drawings described in the specification. submitted prior to the first office action The application may file a petition The mailing of a ‘‘Notice of Omitted to avoid delays in the prosecution of the under 37 CFR 1.53(c) (and the petition Items’’ will permit the applicant to application. fee under 37 CFR 1.17(i) (37 CFR 1.17(q) either: (1) Promptly establish prior in a provisional application) asserting receipt in the PTO of the drawing(s) at Subsequent Treatment of Application that (1) the drawing(s) at issue was issue (generally by way of a date- In instances in which a ‘‘Notice of submitted, or (2) the drawing(s) is not stamped postcard receipt (MPEP 503)), Incomplete Application’’ has been necessary under 35 U.S.C. 113 for a or (2) promptly submit the omitted mailed, further action by the applicant filing date. The petition must be drawing(s) in a nonprovisional is necessary for the application to be accompanied by sufficient evidence to application and accept the date of such accorded a filing date. As such, the establish the applicant’s entitlement to submission as the application filing application will be retained in the the requested filing date (e.g., a date- date. An applicant asserting that the Initial Application Examination stamped postcard receipt (MPEP 503) to drawing(s) was in fact deposited in the Division to await such action. Unless establish prior receipt in the PTO of the PTO with the application papers must the applicant either completes the drawing(s) at issue). Alternatively, the file a petition under 37 CFR 1.53(c) (and application or files a petition under 27 applicant may submit drawing(s) the petition fee under 37 CFR 1.17(i) (37 CFR 1.53(c) (and the petition fee under accompanied by an oath or declaration CFR 1.17(q) in a provisional 37 CFR 1.17(i) or 1.17(q)) within the in compliance with 37 CFR 1.63 and application), which will be refunded if period set in the ‘‘Notice of Incomplete 1.64 referring to the drawing(s) being it is determined that the drawing(s) was Application,’’ the application will be submitted and accept the date of such in fact received by the PTO with the processed as an incomplete application submission as the application filing application papers deposited on filing) under 37 CFR 1.53(c). date. with evidence of such deposit within In instances in which a ‘‘Notice of In design applications, the Initial two months of the date of the ‘‘Notice Omitted Items’’ has been mailed, the Application Examination Division will of Omitted Items’’ (37 CFR 1.181(f)). An application will be retained in the mail a ‘‘Notice of Incomplete applicant desiring to submit the omitted Initial Application Examination Application’’ indicating that the drawings in a nonprovisional Division for a period of two months application lacks the drawings required application and accept the date of such from the mailing date of ‘‘Notice of under 35 U.S.C. 113. The applicant may: submission as the application filing date Omitted Items’’ to permit the applicant (1) Promptly file a petition under 37 must file any omitted drawing(s) with to either: (1) Establish prior receipt in CFR 1.53(c) (and the petition fee under an oath or declaration in compliance the PTO of the page(s) or drawing(s) at 37 CFR 1.17(i)) asserting that the with 37 CFR 1.63 and 1.64 referring to issue, or (2) promptly submit the missing drawing(s) was submitted, or (2) such drawing(s) and a petition under 37 omitted page(s) or drawing(s) in a promptly submit drawing(s) CFR 1.182 (with the petition fee under nonprovisional application and accept accompanied by an oath or declaration 37 CFR 1.17(h)) requesting the later the date of such submission as the in compliance with 37 CFR 1.63 and filing date within two months of the application filing date. Extensions of 1.64 and accept the date of such date of the ‘‘Notice of Omitted Items’’ time under 37 CFR 1.136 will not be submission as the application filing (37 CFR 1.181(f)). applicable to this two-month time date. 37 CFR 1.154(a) provides that the An applicant willing to accept the period. claim in a design application ‘‘shall be application as deposited in the PTO The grant of a petition under 37 CFR in formal terms to the ornamental need not respond to the ‘‘Notice of 1.182 to accept the omitted page(s) or design for the article (specifying name) Omitted Items,’’ and the failure to file a drawing(s) in a nonprovisional as shown, or as shown and described.’’ petition under 37 CFR 1.53(c) or 1.182 application and accord the date of such As such, petitions under 37 CFR 1.53(c) (and the requisite petition fee) as submission as the application filing date asserting that drawings are unnecessary discussed above within two months of will be indicated by the issuance of a under 35 U.S.C. 113 for a filing date in the date of the ‘‘Notice of Omitted new filing receipt indicating the filing a design application will not be found Items’’ (37 CFR 1.181(f)) will be treated date accorded the application. persuasive. as constructive acceptance by the Unless the applicant timely files a applicant of the application as petition under 37 CFR 1.53(c) or 1.182 Applications Filed Without All Figures deposited in the PTO. Amendment of (and the requisite petition fee), the of Drawings the specification is required in a application will maintain the filing date The Initial Application Examination nonprovisional application to cancel all as of the date of deposit of the Division reviews application papers to references to the omitted drawing, both application papers in the PTO, and the determine whether all mentioned in the brief and detailed descriptions of original application papers (i.e., the drawing figures in the specification are the drawings and including any original disclosure of the invention) will present in the application. If the reference numerals shown only in the include only those application papers application is filed without all of the omitted drawings. In addition, a present in the PTO on the date of drawing figure(s) referred to in the separate letter is required in deposit. Nonprovisional applications specification, and the application nonprovisional application to renumber that are complete under 35 CFR 30044 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

1.51(a)(1) will then be forwarded to the comments expressly supported the application be accepted for any omitted appropriate examining group for proposed change, while the remaining sheets of drawings in the application, or examination of the application. four comments simply made additional the foreign priority application be Provisional applications that are comments or suggested additional accepted as the application as filed is complete under 35 CFR 1.51(a)(2) will changes, but did not oppose the relatively rare. In addition, the then be forwarded to Files Repository. proposed change. The written treatment of these few applications on The current practice for treating comments have been analyzed, and an ad hoc basis pursuant to 37 CFR applications that are not complete under responses to the comments follow. 1.182 and 1.183 has proven acceptable. 37 CFR 1.51(a) will remain unchanged Comment (1): One comment suggested Comment (2): One comment suggested (37 CFR 1.53(d)). that the PTO should, by rulemaking, that the PTO should consider requiring Any petition under 37 CFR 1.53(c) or permit the addition of subject matter in a declaration from the attorney averring 1.182 not filed within this two-month a foreign application for which priority that the omitted matter was period may be dismissed as untimely. is claimed. inadvertently omitted. 37 CFR 1.181(f). Under the adopted Response: Where an application Response: First, in view of a procedure, the PTO may strictly adhere includes in the papers deposited on registered practitioner’s responsibilities to the two-month period set forth in 37 filing with the application a certified as set forth in 37 CFR Part 10, the PTO CFR 1.181(f), and dismiss as untimely copy of a foreign application for which does not generally require verification of any petition not filed within this two- priority is claimed, the PTO will grant statements by registered practitioners. month period. This strict adherence to a timely petition under 37 CFR 1.182 See, e.g., 37 CFR 1.125 and 1.137. the two-month period set forth in 37 requesting that: (1) the corresponding Second, as there is no apparent benefit CFR 1.181(f) is justified as such sheets of drawings in the foreign to omitting material from an application applications will now be forwarded for priority application be accepted for any as deposited in the PTO, there appears examination at the end of this two- omitted sheets of drawings in the to be little justification for requiring month period. It is further justified in application, or (2) the foreign priority even a statement that the omitted matter instances in which the applicant seeks application be accepted as the was inadvertently omitted. to submit the omitted page(s) or application as filed, which may result in Comment (3): One comment drawing(s) in a nonprovisional the treatment of the foreign priority questioned whether the change would application and request the date of such application as an application filed in a be applicable to applications filed under submission as the application filing date non-English language (37 CFR 1.52(d)). 37 CFR 1.60 or 1.62. since: (1) According the application a In instances in which the foreign Response: The adopted procedure filing date later than the date of deposit priority application was not present applies to applications filed under 37 may affect the date of expiration of any among the papers deposited on filing CFR 1.53. patent issuing on the application due to with the application, any addition of 37 CFR 1.60 requires, inter alia, that the changes to 35 U.S.C. 154 contained subject matter from the foreign priority the application be a true copy of the in Public Law 103–465, § 532, 108 Stat. application into the application must be prior application (37 CFR 1.60(b)(2)), 4809 (1994), and (2) the filing of a considered as new matter under 35 and a copy that omits pages of continuation-in-part application is a U.S.C. 132 (and, as such, will not be specification or sheets of drawings from sufficiently equivalent mechanism for permitted by petition), unless the the prior application is not a true copy adding additional subject matter to application-as-filed specifically of the prior application. As such, a copy avoid the loss of patent rights. incorporates the foreign priority that omits pages of specification or The submission of omitted page(s) or application by reference. sheets of drawings from the prior drawing(s) in a nonprovisional Drawing figures do not require application is an improper application application and acceptance of the date translation of the subject matter shown under 37 CFR 1.60, and cannot be of such submission as the application therein and individual drawing figures accorded a filing date as an application filing date is tantamount to simply filing are sufficiently segregated that it is under 37 CFR 1.60 until the filing error a new application. Thus, applicants considered appropriate to permit, by is corrected. should consider filing a new application petition under 37 CFR 1.182, the The PTO considers 37 CFR 1.60 to be as an alternative to submitting a petition acceptance of the corresponding sheets unnecessary in view of changes to 37 under 37 CFR 1.182 (with the petition of drawings in the foreign priority CFR 1.4(d), and a trap for the unwary. fee under 37 CFR 1.17(h)) with any application for any omitted sheets of The PTO has previously proposed to omitted page(s) or drawing(s), which is drawings in the application. The eliminate 37 CFR 1.60 (See notice of a cost-effective alternative in instances specification of a foreign priority proposed rulemaking entitled ‘‘Changes in which an nonprovisional application application, however, is generally to Implement 20-Year Patent Term and is deposited without filing fees. subject to translation and revision prior Provisional Application’’ (20-Year Term Likewise, in view of the relatively low to its filing in the PTO as the Notice of Proposed Rulemaking) filing fee for provisional applications, specification of an application. As such, published in the Federal Register at 59 and the PTO’s desire to minimize the it is considered appropriate to permit, FR 63951 (December 12, 1994), and in processing of provisional applications, by petition under 37 CFR 1.182, the the Patent and Trademark Office Official the PTO will not grant petitions under acceptance of a foreign priority Gazette at 1170 Off. Gaz. Pat. Office 377 37 CFR 1.182 to accept omitted page(s) application as the application as filed, (January 3, 1995)), and will again or drawing(s) and accord an application but it is not considered acceptable to propose to eliminate 37 CFR 1.60, as filing date as of the date of such permit the acceptance of a translation of well as 37 CFR 1.62, in an impending submission. Instead, the applicant portions of the foreign priority rulemaking to implement the should simply refile the complete application for omitted pages of the Administration’s regulatory reform provisional application. specification. initiative. Finally, the occurrence of situations A continuation or divisional Response to Comments in which it is necessary for an applicant application may be filed under 35 Thirteen comments were received in to request that the corresponding sheets U.S.C. 111(a) using the procedures set response to the Filing Date Notice. Nine of drawings in the foreign priority forth in 37 CFR 1.53(b)(1), by providing Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30045 a copy of the prior application, application. Another comment for a design patent, filed under 35 including a copy of the oath or suggested that the decision as to U.S.C. 111(a) on or after June 8, 1995, declaration in such prior application, as whether an application is ‘‘incomplete’’ without at least one claim has the filed. The patent statutes and rules of should be made by the Examining alternative of filing a petition under 37 practice do not require that an oath or Corps, rather than on a formalistic basis CFR 1.53(b)(2)(ii) to convert such declaration include a recent date of by the Initial Application Examination application into an application under 35 execution, and the Examining Corps has Division. U.S.C. 111(b). The PTO does not been directed not to object to an oath or Response: The efficient pre- consider it appropriate to declaration as lacking either a recent examination processing of applications ‘‘automatically’’ consider an application date of execution or any date of is in the mutual interest of the PTO and filed under 35 U.S.C. 111(a) without a execution. This change in examining applicants. The PTO is currently in the claim to be an application under 35 practice will appear in the next revision process of modifying its pre- U.S.C. 111(b) (a provisional of the MPEP. As is currently the examination processing procedures to application), since the applicant may situation under 37 CFR 1.60 and 1.62, avoid any unnecessary delay. This new not desire an application under 35 the applicant’s duty of candor and good procedure will not impact the pre- U.S.C. 111(b), and may desire to file a faith including compliance with the examination processing of applications, claim to obtain an application filing duty of disclosure requirements of in that the Initial Application date as of the date of submission of such § 1.56 is continuous and applies to the Examination Division will mail a claim. continuation or divisional application, ‘‘Notice of Incomplete Application,’’ Comment (7): One comment suggested notwithstanding the lack of a newly ‘‘Notice of Omitted Items,’’ and ‘‘Notice that the MPEP should clearly indicate executed oath or declaration. to File Missing Parts’’ under this new that applications filed without all the 37 CFR 1.60(b)(4) and 1.62(a) procedure at the time the ‘‘Notice of pages of specification or all the figures currently permit the filing of a Incomplete Application’’ and ‘‘Notice to of drawings described in the continuation or divisional application File Missing Parts’’ are currently mailed. specification cannot automatically be by less than all of the inventors named The adopted procedure replaces treated as defective under 35 U.S.C. 112, in a prior application without a newly formalistic procedures with procedures but must be considered for compliance executed oath or declaration. The oath based upon the requirements for a filing with 35 U.S.C. 112 by the subject matter or declaration in an application filed date as set forth in 35 U.S.C. 111, 112, that is present in the application papers. under 37 CFR 1.53(b), however, must and 113. Filing date issues are Response: In an effort to improve the identify the inventorship of such ultimately decided by the Office of examination of applications, chapter application. Thus, unless it is necessary Petitions in the Office of the Deputy 2100 of the MPEP has been revised to to file a continuation or divisional Assistant Commissioner for Patent set forth specific guidelines for application under 37 CFR 1.60 to name Policy and Projects (MPEP 1002.02(b) rejections under 35 U.S.C. 101, 102, 103, less than all of the inventors named in (35)) on the basis of whether and when and 112. MPEP 2161 et seq. set forth the a prior application, applicants are the application meets the requirements guidelines for rejections under 35 U.S.C. encouraged to file continuing for a filing date as set forth in 35 U.S.C. 112, first and second paragraphs, and do applications under 37 CFR 1.53(b) (i.e., 111, 112, and 113, and not on the basis not authorize a rejection under 35 omit any reference to 37 CFR 1.60 in the of who made the initial decision not to U.S.C. 112 based merely upon the fact application papers) to avoid an accord a filing date to the application. that pages of specification or figures of inadvertent failure to comply with all of It should be recognized that there is drawing were omitted. the requirements of 37 CFR 1.60. tension between the comments objecting Comment (8): One comment An application under 37 CFR 1.62 to any review of the entitlement of an questioned whether the proposed uses the content of the prior application, application to a filing date by the Initial procedure for the treatment of and is itself only a request for an Application Examination Division applications filed without all the pages application under 37 CFR 1.62. As such, (arguing that this issue should be of specification or all the figures of there is no concern that an application considered only the Examining Corps) drawings described in the specification under 37 CFR 1.62 will be filed without and the desire for speedy notification to is applicable to provisional all the pages of the specification or the applicant that a portion of the applications, noting that 35 U.S.C. without all of the figures of the application appears to have been 111(b) provides that a claim is not drawings. omitted. To defer all review of the required in a provisional application. Comment (4): One comment entitlement of an application to a filing Response: The adopted procedure questioned whether a filing date would date until the application is picked-up applies to applications (both provisional be accorded if the name of an inventor for examination would cause a and nonprovisional) filed under 37 CFR were omitted. significant delay in any such 1.53. The procedure recognizes that 35 Response: 37 CFR 1.41 and 1.53 notification to the applicant. U.S.C. 111(b) does not require a claim currently require that an application be Comment (6): One comment noted in a provisional application. filed in the name of the actual inventor that 35 U.S.C. 111(b) does not require a Comment (9): One comment suggested or inventors, and this notice does not claim for a provisional application. that the two-month period for taking involve changes to the rules of practice. Several comments suggested that the action would be unfair in instances in The PTO will propose to eliminate this PTO automatically treat any which the PTO prepares and enters the requirement in 37 CFR 1.41 and 1.53 in nonprovisional application filed notice into the Patent Application the rulemaking to implement the without at least one claim as a Locating and Monitoring (PALM) Administration’s regulatory reform provisional application, if such system but fails to mail the notice or initiative. application is otherwise entitled to a mails the notice to an incorrect Comment (5): One comment suggested filing date as a provisional application. correspondence address. that the notices be mailed out as soon Response: A provisional application Response: The ‘‘Notice of Omitted as possible to avoid a loss of rights for does not require a claim to be entitled Items’’ is not an action within the those applicants who require to a filing date. As discussed supra, an meaning of 35 U.S.C. 113 to which a completion or refiling of the applicant in an application, other than response is required to avoid 30046 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices abandonment. An applicant simply has or delayed receipt of a ‘‘Notice of as set forth in 35 U.S.C. 111, 112, and the opportunity to file a petition, but Omitted Items.’’ Applicants are directed 113, and not on the basis of who made need not take action, in response to a to the Notice entitled ‘‘Withdrawing the the initial decision not to accord a filing ‘‘Notice of Omitted Items.’’ Thus, the Holding of Abandonment when Office date to the application. timeliness of any such petition is Actions Are Not Received,’’ published Comment (11): One comment governed by 37 CFR 1.181(f). 37 CFR in the PTO Official Gazette at 1156, Off. suggested that the proposed procedure 1.181(f) provides that any petition not Gaz. Pat. Office 53 (November 16, 1993), be adopted by rulemaking. Another filed within two months from the action for the evidence necessary to establish comment suggested that the proposed complained of may be dismissed as nonreceipt of a ‘‘Notice of Omitted procedure either be adopted by untimely. Items,’’ and the Notice entitled rulemaking or clearly set forth in the Establishing prior receipt in the PTO ‘‘Procedures For Restarting Response MPEP. of the page(s) or drawing(s) at issue or Periods,’’ published in the PTO Official submitting the omitted page(s) or Gazette at 1160 Off. Gaz. Pat. Office 14 Response: 37 CFR 1.53(b)(1) provides drawings(s) and accepting the date of (March 1, 1994), for the evidence that the ‘‘filing date of an application for such submission as the application necessary to establish delayed receipt of patent filed under this section, except filing date would result in an addition a ‘‘Notice of Omitted Items.’’ for a provisional application, is the date to the papers constituting the original Comment (10): One comment on which a specification containing a disclosure of the application, and suggested that while the proposed description pursuant to § 1.71 and at submitting the omitted page(s) or procedure is an improvement, it still least one claim pursuant to § 1.75; and drawings(s) and accepting the date of conflicts with 35 U.S.C. 112 and 113. any drawing required by § 1.81(a), are such submission as the application The comment specifically argues that filed in the Patent and Trademark Office filing date would result in a change in the sufficiency of an application is a in the name of the actual inventor or application filing date. As a change in matter for determination by an examiner inventors as required by § 1.41.’’ 37 CFR either the original disclosure or filing skilled in the subject matter of the 1.53(b)(2) provides that the ‘‘filing date date of an application would interfere application, in that Congress did not of a provisional application is the date with the examination of the application intend that the sufficiency of an on which: a specification as prescribed for compliance with 35 U.S.C. 102, 103, application be determined by the Initial by 35 U.S.C. 112, first paragraph; and and 112, the PTO will not forward an Patent Examination Division. any drawing required by § 1.81(a), are application in which a ‘‘Notice of Response: The adopted procedure filed in the Patent and Trademark Office Omitted Items’’ has been mailed for will accord a filing date to any in the name of the actual inventor or examination until it is apparent that the application that contains something that inventors as required by § 1.41.’’ Thus, applicant has not responded to the can be construed as a written no change to the rules of practice is ‘‘Notice of Omitted Items.’’ Thus, a description, any necessary drawing, necessary to adopt the procedure set nonprovisional application will not be and, in a nonprovisional application, at forth in this notice. processed for examination, and the least one claim. This procedure is It should be noted that the MPEP examination of the application will be consistent with the requirements for a 608.01 sets forth the former procedure delayed, until the expiration of two filing date as set forth in 35 U.S.C. 111, for treating an application filed without months from the mailing date of ‘‘Notice 112, and 113. 35 U.S.C. 113, second all of the pages of specification or filed of Omitted Items.’’ The two-month sentence, contemplates that drawings under 35 U.S.C. 111(a) without at least period set forth in 37 CFR 1.181(f) is may be filed after the filing date of an one claim. Likewise, MPEP 608.02 sets considered an appropriate balance application. 35 U.S.C. 113, however, forth the former procedure for treating between providing an applicant provides that an ‘‘application shall an application filed without drawings or sufficient time to take action in response furnish a drawing where necessary for all of the figures of drawings. to a ‘‘Notice of Omitted Items’’ and the understanding of the subject matter The next revision of the MPEP will avoiding unnecessary delays in the sought to be patented,’’ and 35 U.S.C. incorporate the change in procedure set examination of the application, which 111(a)(4) and 111(b)(4) each provide, in forth in this notice. would be undesirable in view of 35 part, that the ‘‘filing date * * * shall U.S.C. 154 as amended by Public Law be the date on which * * * any Dated: June 5, 1996. 103–465. While an applicant willing to required drawing are received in the Bruce A. Lehman, accept a nonprovisional application as Patent and Trademark Office.’’ As such, Assistant Secretary of Commerce and deposited in the PTO need not respond the PTO has the statutory authority, and Commissioner of Patents and Trademarks. to the ‘‘Notice of Omitted Items,’’ the responsibility, to determine whether a [FR Doc. 96–15049 Filed 6–12–96; 8:45 am] filing of an express communication to drawing is necessary under 35 U.S.C. BILLING CODE 3510±16±M that effect would permit the PTO to 113 in an application filed without proceed with the processing of the drawings prior to according a filing date application for examination, and, as to that application. such, may reduce the delay in the There is nothing in 35 U.S.C. 111, COMMITTEE FOR THE examination of the application. 112, or 113 that limits the authority of IMPLEMENTATION OF TEXTILE While a ‘‘Notice of Omitted Items’’ is the Commissioner to delegate the AGREEMENTS not an action within the meaning of 35 determination of whether or when any U.S.C. 133, the principles regarding application meets the requirements for a Adjustment of a Guaranteed Access nonreceipt or delayed receipt of a filing date as set forth in 35 U.S.C. 111, Levels for Certain Cotton Textile ‘‘Notice of Omitted Items,’’ due either to 112, and 113. In any event, filing date Products Produced or Manufactured in a failure on the part of the PTO to issues are, as discussed supra, Guatemala properly mail such notice or a failure on ultimately decided by Office of the the part of the U.S. Postal Service to Deputy Assistant Commissioner for June 6, 1996. deliver such notice to the Patent Policy and Projects on the basis AGENCY: Committee for the correspondence address in a timely of whether and when the application Implementation of Textile Agreements manner, are applicable to the nonreceipt meets the requirements for a filing date (CITA). Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30047

ACTION: Issuing a directive to the Effective on June 10, 1996, you are directed Agreements Act and the Uruguay Round Commissioner of Customs increasing a to increase the Guaranteed Access Level for Agreement on Textiles and Clothing, but guaranteed access level. Categories 347/348 to 1,600,000 dozen 1. are designed to assist only in the The Committee for the Implementation of implementation of certain of their EFFECTIVE DATE: June 10, 1996. Textile Agreements has determined that these actions fall within the foreign affairs provisions. FOR FURTHER INFORMATION CONTACT: Troy H. Cribb, Jennifer Aldrich, International Trade exception of the rulemaking provisions of 5 U.S.C. 553(a)(1). Chairman, Committee for the Implementation Specialist, Office of Textiles and Sincerely, of Textile Agreements. Apparel, U.S. Department of Commerce, Troy H. Cribb, (202) 482–4212. For information on the Committee for the Implementation of Textile Agreements quota status of these limits, refer to the Chairman, Committee for the Implementation of Textile Agreements. Quota Status Reports posted on the June 6, 1996. bulletin boards of each Customs port or [FR Doc. 96–14947 Filed 6–12–96; 8:45 am] Commissioner of Customs, call (202) 927–5850. For information on BILLING CODE 3510±DR±F Department of the Treasury, Washington, DC 20229. embargoes and quota re-openings, call (202) 482–3715. Dear Commissioner: This directive Adjustment of Guaranteed Access amends, but does not cancel, the directive SUPPLEMENTARY INFORMATION: Levels for Certain Cotton and Man- issued to you on January 11, 1996, by the Authority: Executive Order 11651 of March Made Fiber Textile Products Produced Chairman, Committee for the Implementation 3, 1972, as amended; section 204 of the or Manufactured in Jamaica of Textile Agreements. That directive Agricultural Act of 1956, as amended (7 concerns imports of certain cotton, wool and U.S.C. 1854); Uruguay Round Agreements June 6, 1996. man-made fiber textile products, produced or Act. AGENCY: Committee for the manufactured in Jamaica and exported Implementation of Textile Agreements during the twelve-month period which began On the request of the Government of on January 1, 1996 and extends through Guatemala, the U.S. Government agreed (CITA). December 31, 1996. to increase the 1996 Guaranteed Access ACTION: Issuing a directive to the Effective on June 6, 1996, you are directed Level for Categories 347/348. Commissioner of Customs increasing to increase the Guaranteed Access Levels for A description of the textile and guaranteed access levels. the following categories: apparel categories in terms of HTS numbers is available in the EFFECTIVE DATE: June 6, 1996. Guaranteed Access Category Level CORRELATION: Textile and Apparel FOR FURTHER INFORMATION CONTACT: Categories with the Harmonized Tariff Naomi Freeman, International Trade 338/339/638/639 ...... 4,000,000 dozen. Schedule of the United States (see Specialist, Office of Textiles and 352/652 ...... 13,000,000 dozen. Federal Register notice 60 FR 65299, Apparel, U.S. Department of Commerce, published on December 19, 1995). Also (202) 482–4212. For information on the The Committee for the Implementation of see 61 FR 1359, published on January quota status of these limits, refer to the Textile Agreements has determined that 19, 1996. Quota Status Reports posted on the these actions fall within the foreign affairs The letter to the Commissioner of bulletin boards of each Customs port or exception of the rulemaking provisions of 5 Customs and the actions taken pursuant call (202) 927–5850. For information on U.S.C. 553(a)(1). to it are not designed to implement all embargoes and quota re-openings, call Sincerely, of the provisions of the Uruguay Round (202) 482–3715. Troy H. Cribb, Agreements Act and the Uruguay Round Chairman, Committee for the Implementation SUPPLEMENTARY INFORMATION: Agreement on Textiles and Clothing, but of Textile Agreements. are designed to assist only in the Authority: Executive Order 11651 of March [FR Doc. 96–14946 Filed 6–12–96; 8:45 am] 3, 1972, as amended; section 204 of the BILLING CODE 3510±DR±F implementation of certain of their Agricultural Act of 1956, as amended (7 provisions. U.S.C. 1854); Uruguay Round Agreements Troy H. Cribb, Act. Adjustment of Import Limits for Certain Chairman, Committee for the Implementation On the request of the Government of of Textile Agreements. Cotton, Wool and Man-Made Fiber Jamaica, the U.S. Government agreed to Textiles and Textile Products and Silk Committee for the Implementation of Textile increase the 1996 Guaranteed Access Blend and Other Vegetable Fiber Agreements Levels for Categories 338/339/638/639 Apparel Produced or Manufactured in June 6, 1996. and 352/652. the Philippines Commissioner of Customs, A description of the textile and Department of the Treasury, Washington, DC apparel categories in terms of HTS June 6, 1996. 20229. numbers is available in the AGENCY: Committee for the Dear Commissioner: This directive CORRELATION: Textile and Apparel Implementation of Textile Agreements amends, but does not cancel, the directive Categories with the Harmonized Tariff (CITA). issued to you on November 29, 1995, by the Schedule of the United States (see ACTION: Issuing a directive to the Chairman, Committee for the Implementation Commissioner of Customs adjusting of Textile Agreements. That directive Federal Register notice 60 FR 65299, concerns imports of certain cotton, wool and published on December 19, 1995). Also limits. man-made fiber textile products, produced or see 61 FR 1359, published on January EFFECTIVE DATE: June 10, 1996. manufactured in Guatemala and exported 19, 1996. during the twelve-month period which began The letter to the Commissioner of FOR FURTHER INFORMATION CONTACT: on January 1, 1996 and extends through Customs and the actions taken pursuant Jennifer Aldrich, International Trade December 31, 1996. to it are not designed to implement all Specialist, Office of Textiles and of the provisions of the Uruguay Round Apparel, U.S. Department of Commerce, (202) 482–4212. For information on the 1 The limit has not been adjusted to account for quota status of these limits, refer to the any imports exported after December 31, 1995. Quota Status Reports posted on the 30048 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices bulletin boards of each Customs port or Category Adjusted limit 1 The Committee for the Implementation of call (202) 927–6713. For information on Textile Agreements has determined that embargoes and quota re-openings, call 369±S 3 ...... 221,684 kilograms. these actions fall within the foreign affairs (202) 482–3715. 431 ...... 184,503 dozen pairs. exception of the rulemaking provisions of 5 443 ...... 42,374 numbers. U.S.C. 553(a)(1). SUPPLEMENTARY INFORMATION: 447 ...... 7,897 dozen. Sincerely, Authority: Executive Order 11651 of March 611 ...... 5,544,949 square me- Troy H. Cribb, 3, 1972, as amended; section 204 of the ters. Agricultural Act of 1956, as amended (7 633 ...... 47,713 dozen. Chairman, Committee for the Implementation U.S.C. 1854); Uruguay Round Agreements 636 ...... 1,642,121 dozen. of Textile Agreements. Act. 638/639 ...... 1,767,077 dozen. [FR Doc. 96–14948 Filed 6–12–96; 8:45 am] 643 ...... 684,915 numbers. BILLING CODE 3510±DR±F The current limits for certain 645/646 ...... 685,288 dozen. categories are being adjusted, variously, 647/648 ...... 1,127,269 dozen. for swing, special shift, carryover and 649 ...... 7,450,205 dozen. carryforward. 650 ...... 97,642 dozen. Adjustment of Import Limits for Certain A description of the textile and 847 ...... 897,477 dozen. Cotton, Wool, and Man-Made Fiber apparel categories in terms of HTS Group II Textile Products Produced or numbers is available in the 200±229, 300±326, 138,169,957 square Manufactured in Taiwan CORRELATION: Textile and Apparel 330, 332, 349, meters equivalent. 4 Categories with the Harmonized Tariff 353, 354, 359±O , June 6, 1996. 360, 362, 363, Schedule of the United States (see 369±O 5, 400±414, AGENCY: Committee for the Federal Register notice 60 FR 65299, 432, 434±442, Implementation of Textile Agreements published on December 19, 1995). Also 444, 448, 459, (CITA). see 60 FR 62412, published on 464±469, 600± December 7, 1995. 607, 613±629, ACTION: Issuing a directive to the The letter to the Commissioner of 630, 632, 644, Commissioner of Customs increasing Customs and the actions taken pursuant 653, 654, 659±O 6, limits. to it are not designed to implement all 665, 666, 669±O 7, 8 of the provisions of the Uruguay Round 670±O , 831±846 EFFECTIVE DATE: June 10, 1996. and 850±859, as a Agreements Act and the Uruguay Round group. FOR FURTHER INFORMATION CONTACT: Agreement on Textiles and Clothing, but Jennifer Aldrich, International Trade are designed to assist only in the 1 The limits have not been adjusted to ac- Specialist, Office of Textiles and implementation of certain of their count for any imports exported after December 31, 1995. Apparel, U.S. Department of Commerce, provisions. 2 Category 359±C: only HTS numbers (202) 482–4212. For information on the Troy H. Cribb, 6103.42.2025, 6103.49.8034, 6104.62.1020, quota status of these limits, refer to the Chairman, Committee for the Implementation 6104.69.8010, 6114.20.0048, 6114.20.0052, 6203.42.2010, 6203.42.2090, 6204.62.2010, Quota Status Reports posted on the of Textile Agreements. 6211.32.0010, 6211.32.0025 and bulletin boards of each Customs port or Committee for the Implementation of Textile 6211.42.0010; Category 659±C: only HTS call (202) 927–6704. For information on Agreements numbers 6103.23.0055, 6103.43.2020, 6103.43.2025, 6103.49.2000, 6103.49.8038, embargoes and quota re-openings, call June 6, 1996. 6104.63.1020, 6104.63.1030, 6104.69.1000, (202) 482–3715. Commissioner of Customs, 6104.69.8014, 6114.30.3044, 6114.30.3054, Department of the Treasury, Washington, DC 6203.43.2010, 6203.43.2090, 6203.49.1010, SUPPLEMENTARY INFORMATION: 20229. 6203.49.1090, 6204.63.1510, 6204.69.1010, 6210.10.9010, 6211.33.0010, 6211.33.0017 Authority: Executive Order 11651 of March Dear Commissioner: This directive and 6211.43.0010. 3, 1972, as amended; section 204 of the amends, but does not cancel, the directive 3 Category 369±S: only HTS number Agricultural Act of 1956, as amended (7 issued to you on Novembr 30, 1995, by the 6307.10.2005. U.S.C. 1854). Chairman, Committee for the Implementation 4 Category 359±O: all HTS numbers except of Textile Agreements. That directive 6103.42.2025, 6103.49.8034, 6104.62.1020, The current limits for certain concerns imports of certain cotton, wool and 6104.69.8010, 6114.20.0048, 6114.20.0052, man-made fiber textiles and textile products 6203.42.2010, 6203.42.2090, 6204.62.2010, categories are being increased for swing 6211.32.0010, 6211.32.0025 and and special swing. and silk blend and other vegetable fiber 6211.42.0010 (Category 359±C). apparel, produced or manufactured in the 5 Category 369±O: all HTS numbers except A description of the textile and Philippines and exported during the twelve- 6307.10.2005 (Category 369±S). apparel categories in terms of HTS 6 month period beginning on January 1, 1996 Category 659±O: all HTS numbers except numbers is available in the and extending through December 31, 1996. 6103.23.0055, 6103.43.2020, 6103.43.2025, Effective on June 10, 1996, you are directed 6103.49.2000, 6103.49.8038, 6104.63.1020, CORRELATION: Textile and Apparel to adjust the limits for the following 6104.63.1030, 6104.69.1000, 6104.69.8014, Categories with the Harmonized Tariff categories, as provided for under the Uruguay 6114.30.3044, 6114.30.3054, 6203.43.2010, Schedule of the United States (see 6203.43.2090, 6203.49.1010, 6203.49.1090, Round Agreements Act and the Uruguay 6204.63.1510, 6204.69.1010, 6210.10.9010, Federal Register notice 60 FR 65299, Round Agreement on Textiles and Clothing: 6211.33.0010, 6211.33.0017, 6211.43.0010 published on December 19, 1995). Also (Category 659±C); 6502.00.9030, see 61 FR 3004, published on January Category Adjusted limit 1 6504.00.9015, 6504.00.9060, 6505.90.5090, 6505.90.6090, 6505.90.7090 and 30, 1996. Levels in Group I 6505.90.8090 (Category 659±H). The letter to the Commissioner of 237 ...... 1,698,166 dozen. 7 Category 669±O: all HTS numbers except 6305.32.0010, 6305.32.0020, 6305.33.0010, Customs and the actions taken pursuant 336 ...... 609,625 dozen. to it are not designed to implement all 341/641 ...... 886,076 dozen. 6305.33.0020 and 6305.39.0000 (Category 669±P). of the provisions of the bilateral 350 ...... 88,999 dozen. 8 Category 670±O: all HTS numbers except agreement, but are designed to assist 352/652 ...... 2,334,564 dozen. 4202.12.8030, 4202.12.8070, 4202.92.3020, 359±C/659±C 2 ...... 778,546 kilograms. 4202.92.3030 and 4202.92.9025 (Category 361 ...... 1,605,205 numbers. 670±L). Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30049 only in the implementation of certain of 2 Category 347±W: only HTS numbers ADDRESSES: Persons wishing to its provisions. 6203.19.1020, 6203.19.9020, 6203.22.3020, comment on this Settlement Agreement 6203.22.3030, 6203.42.4005, 6203.42.4010, Troy H. Cribb, 6203.42.4015, 6203.42.4025, 6203.42.4035, should send written comments to the Chairman, Committee for the Implementation 6203.42.4045, 6203.42.4050, 6203.42.4060, Comment 96–C0007, Office of the of Textile Agreements. 6203.49.8020, 6210.40.9033, 6211.20.1520, Secretary, Consumer Product Safety 6211.20.3810 and 6211.32.0040; Category Commission, Washington, DC 20207. Committee for the Implementation of Textile 348±W: only HTS numbers 6204.12.0030, Agreements 6204.19.8030, 6204.22.3040, 6204.22.3050, FOR FURTHER INFORMATION CONTACT: 6204.29.4034, 6204.62.3000, 6204.62.4005, June 6, 1996. William J. Moore, Trial Attorney, Office 6204.62.4010, 6204.62.4020, 6204.62.4030, of Compliance and Enforcement, Commissioner of Customs, 6204.62.4040, 6204.62.4050, 6204.62.4055, 6204.62.4065, 6204.69.6010, 6204.69.9010, Consumer Product Safety Commission, Department of the Treasury, Washington, DC 6210.50.9060, 6211.20.1550, 6211.20.6810, Washington, DC 20207; telephone (301) 20229. 6211.42.0030 and 6217.90.9050. 504–0626. Dear Commissioner: This directive 3 Category 647±W: only HTS numbers SUPPLEMENTARY INFORMATION: amends, but does not cancel, the directive 6203.23.0060, 6203.23.0070, 6203.29.2030, The text of 6203.29.2035, 6203.43.2500, 6203.43.3500, issued to you on January 24, 1996, by the the Agreement and Order appears 6203.43.4010, 6203.43.4020, 6203.43.4030, below. Chairman, Committee for the Implementation 6203.43.4040, 6203.49.1500, 6203.49.2015, of Textile Agreements. That directive 6203.49.2030, 6203.49.2045, 6203.49.2060, Dated: June 7, 1996. concerns imports of certain cotton, wool, 6203.49.8030, 6210.40.5030, 6211.20.1525, Sadye E. Dunn, man-made fiber, silk blend and other 6211.20.3820 and 6211.33.0030; Category 648±W: only HTS numbers 6204.23.0040, Secretary. vegetable fiber textiles and textile products, 6204.23.0045, 6204.29.2020, 6204.29.2025, produced or manufactured in Taiwan and 6204.29.4038, 6204.63.2000, 6204.63.3000, In the Matter of National Media Corporation, a corporation; CPSC Docket No. exported during the twelve-month period 6204.63.3510, 6204.63.3530, 6204.63.3532, 96–C0007. which began on January 1, 1996 and extends 6204.63.3540, 6204.69.2510, 6204.69.2530, 6204.69.2540, 6204.69.2560, 6204.69.6030, through December 31, 1996. 6204.69.9030, 6210.50.5035, 6211.20.1555, Settlement Agreement and Order Effective on June 10, 1996, you are directed 6211.20.6820, 6211.43.0040 and 1. National Media Corporation to increase the limits for the following 6217.90.9060. (hereinafter, ‘‘National Media’’ or categories, as provided for under the current The Committee for the Implementation of bilateral textile agreement concerning textile ‘‘Respondent’’), a corporation, enters Textile Agreements has determined that into this Settlement Agreement and products from Taiwan: these actions fall within the foreign affairs exception to the rulemaking provisions of 5 Order (hereinafter, ‘‘Agreement’’) with U.S.C. 553(a)(1). the staff of the Consumer Product Safety Category Adjusted twelve-month limit 1 Sincerely, Commission pursuant to the procedures Troy H. Cribb, set forth in 16 CFR § 1118.20 of the Sublevels in Group I Chairman, Committee for the Implementation Commission’s Procedures for 225/317/326 ...... 38,201,702 square of Textile Agreements. Investigations, Inspections,and Inquiries meters. [FR Doc.96–14949 Filed 6–12–96; 8:45 am] under the Consumer Product Safety Act, 611 ...... 3,102,180 square me- 15 U.S.C. 2051, et seq, (‘‘CPSA’’). ters. BILLING CODE 3510±DR±F 613/614/615/617 ...... 19,239,414 square I. The Parties meters. 2. The ‘‘staff’’ is the staff of the CONSUMER PRODUCT SAFETY 619/620 ...... 14,141,268 square Consumer Product Safety Commission meters. COMMISSION Within Group I Sub- (hereinafter, ‘‘Commission’’ or ‘‘CPSC’’), [CPSC Docket No. 96±C0007] group an independent regulatory commission 604 ...... 232,005 kilograms. of the United States established In the Matter of National Media pursuant to section 4 of the CPSA, 15 Sublevels in Group II Corporation, a Corporation; 336 ...... 115,756 dozen. U.S.C. 2053. Provisional Acceptance of a 3. National Media is a corporation 338/339 ...... 805,859 dozen. Settlement Agreement and Order 347/348 ...... 1,294,577 dozen of organized and existing under the laws of which not more than AGENCY: Consumer Product Safety the State of Delaware, with its principal 1,128,827 dozen Commission. corporate offices located at 1700 Walnut shall be in Cat- ACTION: Provisional acceptance of a Street, Philadelphia, PA 19103. egories 347±W/348± W 2. settlement agreement under the II. Allegations of the Staff Consumer Product Safety Act. 435 ...... 25,852 dozen. 4. Between 1991 and 1993, National 443 ...... 43,485 numbers. SUMMARY: It is the policy of the Media distributed approximately 77,000 444 ...... 61,930 numbers. Commission to publish settlements units of the Juice Tiger Juicer, Models 445/446 ...... 140,781 dozen. which it provisionally accepts under the No. 204–SP and JE–1000 (hereinafter, 647/648 ...... 5,571,721 dozen of Consumer Product Safety Act in the which not more than ‘‘Juice Tiger’’). National Media is, 5,248,544 dozen Federal Register in accordance with the therefore, a ‘‘distributor’’ and a ‘‘private shall be in Cat- terms of 16 CFR 1118.20(f). Published labeler’’ as those terms are defined in egories 647±W/648± below is a provisionally-accepted sections 3(a)(5) and (7)(A) of the W 3. Settlement Agreement with National Consumer Product Safety Act (CPSA), Within Group II Sub- Media Corporation, a corporation. 15 U.S.C. 2052(a)(5) and (7)(A). group DATES: Any interested person may ask 5. The Juice Tiger is a portable 447/448 ...... 21,223 dozen. the Commission not to accept this household appliance that pulps fruits 636 ...... 398,293 dozen. agreement or otherwise comment on its and vegetables and turns them into 1 The limits have not been adjusted to ac- contents by filing a written request with juice. The Juice Tiger is a ‘‘consumer count for any imports exported after December the Office of the Secretary by June 28, product’’ which was ‘‘ distributed in 31, 1995. 1996. commerce’’ as those terms are defined 30050 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices in sections 3(a) (1) and (11) of the CPSA, the civil penalty Settlement Agreement DEPARTMENT OF DEFENSE 15 U.S.C. 2052(a) (1) and (11). and Order. 6. The metal grater/filter basket of the 14. National Media agrees to entry of Notice and Request for Comments Juice Tiger can break apart, dislodging the attached Order, which is Regarding a Proposed Extension of an or breaking the protective plastic upper incorporated herein by reference, and to Approved Information Collection cover and allowing parts of the basket be bound by its terms. Requirement and/or cover to be propelled out of the 15. This Settlement Agreement is SUMMARY: In compliance with Section unit. binding upon National Media and the 3506(c)(2)(A) of the Paperwork In 1992 and 1993, National Media assigns or successors of National Media. Reduction Act of 1995, the DoD received complaints from consumers 16. Agreements, understandings, announces the proposed extension of a describing Juice Tiger failure in the representations, or interpretations made public information collection manner explained above. Some of the outside this Settlement Agreement and requirement and seeks public comment reported incidents have resulted in Order may not be used to vary or to on the provisions thereof. Comments are bruises, lacerations, and eye injury. contradict its terms. invited on: (a) Whether the proposed 7. National Media obtained National Media Corporation. collection of information is necessary information which reasonably Dated: March 26, 1996. for the proper performance of the supported the conclusion that its Juice functions of the agency, including Tiger contained defects which could Marshall A. Fleisher, Vice President, National Media Corporation. whether the information will have create a substantial product hazard but practical utility; (b) the accuracy of the The Consumer Product Safety Commission. failed to report that information to the agency’s estimate of the burden of the Commission as required by section 15(b) David Schmeltzer, proposed information collection; (c) of the CPSA, 15 U.S.C. 2064(b). Assistant Executive Director, Office of ways to enhance the quality, utility, and Compliance. III. Response of National Media clarity of the information to be Dated: June 6, 1996. collected; and (d) ways to minimize the 8. National Media denies the Eric L. Stone, burden of the information collection on allegations of the staff that the Juice Acting Director, Division of Administrative respondents, including through the use Tiger contains any defect which could Litigation, Office of Compliance. of automated collection techniques or create a substantial product hazard William J. Moore, other forms of information technology. pursuant to section 15(a) of the CPSA, Trial Attorney, Division of Administrative This information collection requirement 15 U.S.C. 2064(a), and further denies Litigation, Office of Compliance. is currently approved by the Office of that it violated the reporting Management and Budget (OMB) for use requirements of section 15(b) of the In the Matter of National Media Corporation, a corporation; CPSC Docket No. through December 31, 1996. DoD CPSA, 15 U.S.C. 2064(b). 96–C0007. proposes that OMB extend its approval for use through December 31, 1999. IV. Agreement of the Parties Order DATES: Consideration will be given to all 9. The Commission has jurisdiction Upon consideration of the Settlement over this matter under the Consumer comments received by August 12, 1996. Agreement entered into between ADDRESSES: Written comments and Product Safety Act (CPSA), 15 U.S.C. Respondent, National Media 2051 et seq. recommendations on the proposed Corporation, a corporation, and the staff information collection requirement 10. National Media, knowingly, of the Consumer Product Safety voluntarily and completely waives any should be sent to: Defense Acquisition Commission; and the Commission Regulations Council, Attn: Mr. Michael rights it may have (1) to an having jurisdiction over the subject administrative or judicial hearing with Pelkey, PDUSD(A&T)DP(DAR), IMD matter and National Media Corporation; 3D139, 3062 Defense Pentagon, respect to the staff allegations cited and it appearing that the Settlement herein, (2) to judicial review or other Washington, DC 20301–3062. Telefax Agreement and Order is in the public (703) 602–0350. Please cite OMB challenge or contest of the validity of interest, it is the Commission’s Order, (3) to a Control Number 0704–0353 in all Ordered, that the Settlement determination by the Commission as to correspondence related to this issue. Agreement be and hereby is accepted; whether a violation of section 15(b) of FOR FURTHER INFORMATION CONTACT: Mr. and it is further ordered, that upon final the CPSA, 15 U.S.C. 2064(b), has Michael Pelkey, at (703) 602–0131. A acceptance of the Settlement Agreement occurred, and (4) to a statement of copy of this information collection and Order, National Media Corporation findings of fact and conclusion of law requirement is available electronically shall pay the Commission a civil with regard to the staff allegations. via the Internet at: http://www.dtic.mil/ penalty in the amount of one hundred dfars/ 11. Upon provisional acceptance of fifty thousand and 00/100 dollars Paper copies may be obtained from this Settlement Agreement and Order by ($150,000.00) within ten (10) days after Mr. Michael Pelkey, the Commission, this Settlement service of this Final Order upon the PDUSD(A&T)DP(DAR), IMD 3D139, Agreement and Order shall be placed on Respondent, National Media 3062 Defense Pentagon, Washington, DC the public record and shall be published Corporation. in the Federal Register in accordance 20301–3062 Provisionally accepted and with 16 C.F.R. 1118.20(f). Provisional Order issued on 7th day of Title, Associated Form, and OMB 12. The Settlement Agreement and June 1996. Number: Responsible Prospective Order becomes effective upon final Contractors, Disclosure of Ownership or acceptance by the Commission and its By Order of the Commission. Control by a Foreign Government, service upon National Media. Sadye E. Dunn, Defense Federal Acquisition Regulation 13. Upon final acceptance of this Secretary, Consumer Product Safety Supplement (DFARS) Subpart 209.1 and Settlement Agreement by the Commission. the provision at 252.209–7002; no form Commission, the Commission will issue [FR Doc. 96–14942 Filed 6–12–96; 8:45 am] is used for this information collection; a press release to advise the public of BILLING CODE 6335±01±M OMB Number 0704–0353. Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30051

Needs and Uses: 10 U.S.C. 2536 ADDRESSES: Written comments the address specified above. Copies of prohibits award of a DoD contract under regarding the emergency review should the requests are available from Patrick J. a national security program to an entity be addressed to the Office of Sherrill at the address specified above. controlled by a foreign government, if Information and Regulatory Affairs, The Department of Education is Attention: Wendy Taylor, Desk Officer: access to a proscribed category of especially interested in public comment information is necessary for the Department of Education, Office of addressing the following issues: (1) is performance of the contract. This Management and Budget, 725 17th this collection necessary to the proper information collection is used by Street, NW., Room 10235, New contracting officers to identify offers Executive Office Building, Washington, functions of the Department, (2) will from companies controlled by a foreign D.C. 20503. Requests for copies of the this information be processed and used government, to ensure compliance with proposed information collection request in a timely manner, (3) is the estimate 10 U.S.C. 2536. should be addressed to Patrick J. of burden accurate, (4) how might the Affected Public: Businesses or other Sherrill, Department of Education, 7th & Department enhance the quality, utility, for-profit, not-for-profit institutions, and D Streets, S.W., Room 5624, Regional and clarity of the information to be small businesses or organizations. Office Building 3, Washington, D.C. collected, and (5) how might the Annual Burden Hours: 25. 20202–4651. Written comments Department minimize the burden of this Number of Responses: 25. regarding the regular clearance and collection on the respondents, including Responses Per Respondent: 1. requests for copies of the proposed through the use of information Average Burden Per Response: 1 hour. information collection requests should technology. Frequency: On occasion. be addressed to Patrick J. Sherrill, Dated: June 7, 1996. SUPPLEMENTARY INFORMATION: Department of Education, 600 Gloria Parker, Summary of Information Collection Independence Avenue, S.W., Room 5624, Regional Office Building 3, Director, Information Resources Group. The guidance at DFARS 209.104 (48 Washington, DC 20202–4651, or should CFR 209.104) and the solicitation Office of Elementary and Secondary be electronic mailed to the internet Education provision at DFARS 252.209–7002 (48 address #[email protected], or should be CFR 252.209–7002) implement the faxed to 202–708–9346. Type of Review: Reinstatement. requirements of 10 U.S.C. 2536. The FOR FURTHER INFORMATION CONTACT: Title: Safe and Drug-Free Schools and provision at DFARS 252.209–7002 Patrick J. Sherill (202) 708–8196. requires that offerors under solicitations Communities Federal Activities Grants Individuals who use a Program. for contracts involving proscribed telecommunications device for the deaf information disclose any interest a (TDD) may call the Federal Information Abstract: The Department of foreign government has in the offeror, Relay Service (FIRS) at 1–800–877–8339 Education has a need for high quality, when that interest constitutes control by between 8 a.m. and 8 p.m., Eastern time, research-based projects to prevent drug a foreign government. Monday through Friday. use by youth, remove weapons from Michele P. Peterson, SUPPLEMENTARY INFORMATION: Section school, prevent truancy and other Executive Editor, Defense Acquisition 3506 (c)(2)(A) of the Paperwork behaviors that result in youth being out Regulations Council. Reduction Act of 1995 (44 U.S.C. of the education mainstream, and [FR Doc. 96–14957 Filed 6–12–96; 8:45 am] Chapter 3506 (c)(2)(A) requires that the prevent violent, intimidating, and BILLING CODE 5000±04±M Director of OMB provide interested disruptive behavior among youth. Federal agencies and the public an early Information collected will be used to opportunity to comment on information evaluate applications from public and DEPARTMENT OF EDUCATION collection requests. The Office of private non-profit institutions and Management and Budget (OMB) may individuals. Notice of Proposed Information amend or waive the requirements for Collection Requests Additional Information: The public consultation to the extent that information provided in the application AGENCY: Department of Education. public participation in the approval will be used by the Department of process would defeat the purpose of the ACTION: Notice of proposed information Education to evaluate new applications information collection, violate State or collection requests. and ensure that available funds are used Federal law, or substantially interfere SUMMARY: The Director, Information with any agency’s ability to perform its for projects which are consistent with Resources Group, invites comments on statutory obligations. The Director of the the statute and will most effectively the proposed information collection Information Resources Group, publishes achieve the purposes of the Federal requests as required by the Paperwork this notice containing proposed Activities section of the Safe and Drug- Reduction Act of 1995. information collection requests at the Free Schools and Communities DATES: An emergency review has been beginning of the Departmental review of Program. requested in accordance with the Act the information collection. Each Frequency: Annually. (44 U.S.C. Chapter 3507 (j)), since proposed information collection, Affected Public: Not-for-profit public harm is reasonably likely to grouped by office, contains the institutions; State, local or Tribal Gov’t, result if normal clearance procedures following: (1) Type of review requested, SEAs and LEAs. are followed. Approval by the Office of e.g., new, revision, extension, existing Management and Budget (OMB) has or reinstatement; (2) Title; (3) Summary Reporting and Recordkeeping Hour been requested by June 11, 1996. A of the collection; (4) Description of the Burden: Responses: 300; Burden Hours: regular clearance process is also need for, and proposed use of, the 8,400. beginning. Interested persons are information; (5) Respondents and [FR Doc. 96–14984 Filed 6–12–96; 8:45 am] invited to submit comments on or before frequency of collection; and (6) BILLING CODE 4000±01±P [insert the 60th day after publication of Reporting and/or Recordkeeping this notice]. burden. ED invites public comment at 30052 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

President's Board of Advisors on DEPARTMENT OF ENERGY Original Sheet No. 55A Historically Black Colleges and Original Sheet No. 55B Universities; Meeting Federal Energy Regulatory East Tennessee states that it is filing Commission the instant tariff sheets to allow East AGENCY: President’s Board of Advisors [Docket No. EC96±26±000] Tennessee’ customers to use their firm on Historically Black Colleges and storage contracts with Tennessee Gas Universities, Education. Cleveland Electric Illuminating Pipeline Company (‘‘Tennessee’’) to Company and Jersey Central Power & manage the difference between ACTION: Notice of meeting. Light Company; Notice of Filing scheduled and actual flows on a daily basis at East Tennessee’s delivery SUMMARY: This notice sets forth the June 7, 1996. points. East Tennessee states that it is schedule and agenda of the meeting of Take notice that on June 6, 1996, filing revised tariff sheets so that it can the President’s Board of Advisors on Cleveland Electric Illuminating test the proposed Swing Storage Option Historically Black Colleges and Company (CEI) and Jersey Central with a designated group of customers in Universities. This notice also describes Power and Light Company (JCP&L) filed a Pilot Program. After completion of the the functions of the Board. Notice of this pursuant to Section 203 of the Federal Pilot Program, East Tennessee will move meeting is required under Section Power Act an application for approval to place the tariff sheets into effect on 10(a)(2) of the Federal Advisory of a lease by CEI to JCP&L of certain a systemwide basis or will propose Committee Act. jurisdictional facilities associated with modifications of those sheets based on CEI’s ownership interest in the Seneca actual operating experience. DATE AND TIME: June 27, 1996 from 1 pumped storage hydroelectric plant. the East Tennessee further states that p.m. to 5 p.m. and June 28, 1996 from generation capacity being acquired by Tennessee is making a filing 9:00 a.m to 5:00 p.m. JCP&L pursuant to the lease Agreement simultaneously herewith setting forth ADDRESSES: The meeting will be held at is intended to enable it to serve its the requirements during the Pilot the Park Hyatt Hotel located at 1201 customers in an economic and reliable Program to allow for downstream 24th Street NW, Washington, D.C. Call manner. pipelines and their customers to use Any person desiring to be heard or to (202) 708–8667 for further information. Tennessee’s storage in a similar fashion. protest said application should file a Any person desiring to be heard or to FOR FURTHER INFORMATION CONTACT: petition to intervene or protest with the make any protest with reference to said Nancy Davis, White House Initiative on Federal Energy Regulatory Commission, filing should file a petition to intervene Historically Black Colleges and 888 First Street, NE., Washington, DC or protest with the Federal Energy Universities, U.S. Department of 20426 in accordance with 18 CFR Regulatory Commission, 888 First Street Education, 600 Independence Avenue, 385.207 and 385.212. All such petitions N.E., Washington, D.C. 20426, in or protests should be filed on or before SW, The Portals Building, Suite 605, accordance with Section 211 and 214 of June 24, 1996. Protests will be the Commission’s Rules of Practice and Washington, DC 20202–5120. considered by the Commission in Procedure, 18 CFR 385.211 and 385.214. Telephone: (202) 708–8667. determining the appropriate action to be All such petitions or protests must be SUPPLEMENTARY INFORMATION: The taken, but will not serve to make filed as provided in Section 154.210 of President’s Board of Advisors on protestants parties to the proceeding. the Commission’s Regulations. Protests Historically Black Colleges and Any person wishing to become a party will be considered by the Commission Universities is to issue an annual report must file a petition to intervene. Copies in determining the appropriate action to to the President on HBCU participation of this application are on file with the be taken, but will not serve to make in Federal programs, and to advise the Commission and are available for public protestants parties to this proceeding. Secretary of Education on increasing the inspection. Any person wishing to become a party private sector role in strengthening Lois D. Cashell, must file a petition to intervene. Copies HBCUs. Secretary. of this filing are on file and available for public inspection in the Public The meeting of the Board is open to [FR Doc. 96–15018 Filed 6–12–96; 8:45 am] BILLING CODE 6717±01±M Reference Room. the public. The meeting will be Lois D. Cashell, primarily devoted to discussion of the Secretary. reauthorization of the Higher Education [Docket No. RP96±269±000] [FR Doc. 96–14992 Filed 6–12–96; 8:45 am] Act and other higher education issues. BILLING CODE 6717±01±M Records are kept of all Board East Tennessee Natural Gas Company; Notice of Tariff Filing proceedings, and are available for public [Docket No. TM96±10±23±001] inspection at the White House Initiative June 7, 1996. on Historically Black Colleges and Take notice that on June 5, 1996, East Eastern Shore Natural Gas Company; Universities located at 1250 Maryland Tennessee Natural Gas Company (East Notice of Proposed Changes in FERC Avenue, S.W., The Portals Building, Tennessee) tendered for filing as part of Gas Tariff Suite 605, Washington, DC 20202, from its FERC Gas Tariff, Second Revised the hours of 8:30 am to 5:00 pm. Volume No. 1, the following revised June 7, 1996. Take notice that on June 5, 1996, Dated: May 31, 1996. tariff sheets with a proposed effective date of July 1, 1996. Eastern Shore Natural Gas Company David A. Longanecker, (ESNG) tendered for filing as part of its First Revised Sheet No. 50 Assistant Secretary for Postsecondary First Revised Sheet No. 51 FERC Gas Tariff, First Revised Volume Education. Second Revised Sheet No. 52 No. 1, certain revised tariff sheets in the [FR Doc. 96–15068 Filed 6–12–96; 8:45 am] First Revised Sheet No. 52A above captioned docket, with proposed BILLING CODE 4000±01±M Second Revised Sheet No. 53 effective dates of April 1, 1996 and May Second Revised Sheet No. 55 1, 1996, respectively. Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30053

To Be Effective April 1, 1996 284.123(b)(2) of the Commission’s adjacent to Line 1–H of the Philadelphia Sub 1st Rev Sub Seventy-Eighth Rev Sheet regulations, a petition for rate approval Lateral at a cost in excess of $30 million. No. 6 requesting that the Commission approve Accordingly to PECO Energy it 1st Rev Sub Forty-Second Rev Sheet No. 12A as fair and equitable a rate of $0.1655 subsequently discovered that there was Sub 1st Rev Thirty-First Rev Sheet No. 14A per MMBtu for transportation services an existing lateral adjacent to Line 1–A. Sub 1st Rev Twenty-Ninth Rev Sheet No. performed under section 311(a)(2) of the Line 1–A is an existing certificated 15A Natural Gas Policy Act of 1978 (NGPA). facility. Texas Eastern neither has To Be Effective May 1, 1996 Louisiana states that it is an intrastate requested nor received abandonment Sub 1st Rev Seventy-Ninth Rev Sheet No. 6 pipeline within the meaning of section authorization for Line 1–A. Sub Thirty-Second Rev Sheet No. 14A 2(16) of the NGPA and it owns and PECO Energy further states that Texas Sub Thirtieth Rev Sheet No 15A operates an intrastate pipeline system in Eastern then offered to make Line 1–A On May 1, 1996, ESNG filed with the the State of Louisiana. Louisiana available for service but only on the Commission revised rates to track a) proposes an effective date of June 1, condition that PECO Energy pay Texas storage service purchased from 1996. Eastern $4.58 million for hydrostatic Transcontinental Gas Pipe Line Pursuant to section 284.123(b)(2)(ii), testing and a regulating facility. PECO Corporation (Transco) under Transco’s if the Commission does not act within Energy avers that Texas Eastern is Rate Schedules GSS and LSS the costs 150 days of the filing date, the rate will responsible for such costs given the of which are included in the rates and be deemed to be fair and equitable and certificated status of Line 1–A, and that charges payable under ESNG’s Rate not in excess of an amount which PECO Energy should be responsible Schedules GSS and LSS effective interstate pipelines would be permitted only for the cost of two new delivery beginning April 1, 1996 and b) storage to charge for similar transportation points. service purchased from Columbia Gas service. The Commission may, prior to PECO Energy states that it has served Transmission (Columbia) under the expiration of the 150-day period, copies of the complaint by express Columbia’s Rate Schedules SST and extend the time for action or institute a delivery to representatives of Texas FSS the costs of which are included in proceeding to afford parties an Eastern. the rates and charges payable under opportunity for written comments and Texas Eastern shall file any answer to ESNG’s Rate Schedules CWS and CFSS for oral presentation of views, data, and the complaint with the Commission on effective April 1, 1996 and May 1, 1996. arguments. or before July 3, 1996 in accordance It has since come to SNG’s attention, per Any person desiring to participate in with Section 385.213 of the FERC Order dated May 29, 1996, that this rate proceeding must file a motion Commission’s Rules and Regulations. ESNG’s original filing contained various to intervene in accordance with sections Any person desiring to be heard or to errors. Therefore, the instant filing is 385.211 and 385.214 of the protest said complaint should file a being made to correct those various Commission’s Rules of Practice and motion to intervene or a protest with the errors contained in the original filing. Procedures. All motions must be filed Federal Energy Regulatory Commission, ESNG states that copies of the filing with the Secretary of the Commission 825 North Capitol Street, N.E., have been served upon its jurisdictional on or before June 24, 1996. The petition Washington, D.C. 20426, in accordance customers and interested State for rate approval is on file with the with Rules 214 and 211 of the Commissions. Commission and is available for public Commission’s Rules of Practice and Any person desiring to protest said inspection. Procedure 18 CFR 385.214, 385.211. All filing should file a protest with the Lois D. Cashell, such motions or protests should be filed Federal Energy Regulatory Commission, Secretary. on or before July 3, 1996. Protests will 888 First Street, NE., Washington, DC [FR Doc. 96–14993 Filed 6–12–96; 8:45 am] be considered by the Commission in 20426, in accordance with Rule 211 of determining the appropriate action to be BILLING CODE 6717±01±M the Commission’s Rules of Practice and taken, but will not serve to make Procedure (18 CFR Section 325.211). All protestants parties to the proceeding. such protests must be filed as provided Any person wishing to become a party in Section 154.210 of the Commission’s [Docket No. RP96±265±000] must file a motion to intervene. Copies Regulations. Protests will be considered PECO Energy Company v. Texas of this filing are on file with the by the Commission in determining the Eastern Transmission Corporation, Commission and are available for public appropriate action to be taken, but will Notice of Complaint inspection. Answers to this complaint not serve to make protestants parties to shall be due on or before July 3, 1996. the proceeding. Copies of this filing are June 7, 1996. Lois D. Cashell, on file with the Commission and are Take notice that on June 3, 1996, Secretary. available for public inspection. PECO Energy Company (PECO Energy) [FR Doc. 96–14994 Filed 6–12 –96; 8:45 am] Lois D. Cashell, tendered for filing a complaint against BILLING CODE 6717±01±P Secretary. Texas Eastern Transmission Corporation [FR Doc. 96–14991 Filed 6–12–96; 8:45 am] (Texas Eastern.) PECO Energy requests that the Commission order Texas BILLING CODE 6717±01±M [Docket No. RP96±268±000] Eastern to provide service on Line 1–A of the Philadelphia Lateral so that: [Docket No. PR96±9±000] Tennessee Gas Pipeline Company; PECO Energy can meet 1996–1997 Notice of Tariff Filing Louisiana State Gas Corporation; winter heating requirements on its Notice of Petition for Rate Approval system. June 7, 1996. Specifically, PECO Energy states that Take notice that on June 5, 1996, June 7, 1996. it has sought increased deliverability off Tennessee Gas Pipeline Company Take notice that on May 31, 1996, the Philadelphia Lateral due to (Tennessee), tendered for filing as part Louisiana State Gas Corporation increased load growth. Texas Eastern of its FERC Gas Tariff, Fifth Revised (Louisiana) filed pursuant to section originally offered to build a new lateral Volume No. 1, the following revised 30054 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices tariff sheets with a proposed effective file and available for public inspection protestants parties to the proceedings. date of July 1, 1996. in the Public Reference Room. Copies of this filing are on file with the Lois D. Cashell, Commission and are available for public First Revised Sheet No. 209E Secretary. inspection in the Public Reference Original Sheet No. 209F [FR Doc. 96–14995 Filed 6–12–96; 8:45 am] Room. Original Sheet No. 209G BILLING CODE 6717±01±M Lois D. Cashell, Original Sheet No. 209H Original Sheet No. 593A Secretary. Original Sheet No. 593B [Docket No. TM96±2±43±005] [FR Doc. 96–14996 Filed 6–12–96; 8:45 am] BILLING CODE 6717±01±M Tennessee states that it is filing the Williams Natural Gas Company; Notice instant tariff sheets to allow Balancing of Proposed Changes in FERC Gas Parties on Tennessee who are also Tariff [Docket No. ER96±1891±000, et al.] interstate pipelines to enable their customers that have contracts with June 7, 1996. Take notice that on June 5, 1996, Kansas Gas and Electric Company, et Tennessee for firm storage under Rate Williams Natural Gas Company (WNG) al.; Electric Rate and Corporate Schedule FS, to use that Tennessee firm tendered for filing to become part of its Regulation Filings storage for balancing purposes. FERC Gas Tariff, Second Revised June 6, 1996. Specifically, the tendered tariff sheets Volume No. 1, the following tariff will enable customers that do not sheets, with a proposed effective date of Take notice that the following filings directly connect with Tennessee’s January 1, 1996: have been made with the Commission: system to use their FS storage for swing Third Substitute Eighth Revised Sheet No. 6 1. Kansas Gas and Electric Company purposes similar to the manner by Third Substitute Ninth Revised Sheet No. 6A which Tennessee’s directly connected [Docket No. ER96–1891–000] customers currently can use Tennessee’s WNG states that this filing is being made pursuant to Commission staff Take notice that on May 22, 1996, Storage Swing Option for balancing request. WNG made a filing in Kansas Gas and Electric Company purposes. Tennessee states that it is compliance with Commission order tendered for filing a Notice of filing the revised tariff sheets so that it (order) issued May 13, 1996, in Docket Cancellation of Supplement No. 4 to can test the proposed Downstream No. TM96–2–43–001 on May 22, 1996. Supplement No. 27 to Rate Schedule Storage Swing Option (‘‘DSS Option’’), Second Substitute Eighth Revised Sheet FERC No. 93. using its downstream affiliate pipeline, No. 6 in that filing contained an Comment date: June 20, 1996, in East Tennessee Natural Gas Company inadvertent error in footnote No. 5. (East Tennessee), and a group of East accordance with Standard Paragraph E Commission staff asked WNG to refile at the end of this notice. Tennessee customers that hold FS the tariff sheets to correct this error. storage on Tennessee in a Pilot Program. WNG states that this filing is also 2. Wisconsin Power and Light Company After completion of the Pilot Program, being made in compliance with the [Docket No. ER96–1916–000] Tennessee will move to place the sheets order, which directed WNG to file into effect on a systemwide basis or will revised tariff sheets within 15 days of Take notice that on May 24, 1996, propose modifications of those sheets the date of the order to comply with Wisconsin Power and Light Company based on actual operating experience. section 154.102(e)(5) of the (WP&L), tendered for filing a signed Commission’s regulations. Section Tennessee further states that East Service Agreement under WP&L’s Bulk 154.102(e)(5) requires tariff sheets Power Tariff between itself and Tennessee is filing tariff sheets which are filed to comply with a simultaneously herewith that will TransCanada Power Corp. WP&L Commission order to carry the following respectfully requests a waiver of the permit its designated customers to use notation in the bottom margin: ‘‘Filed to Commission’s notice requirements, and their Tennessee storage for balancing comply with order of the Federal Energy an effective date of May 1, 1996. purposes as part of the Pilot Program. Regulatory Commission, Docket No. Comment date: June 20, 1996, in Any person desiring to be heard or to (number), issued (date), (FERC Reports citation).’’ accordance with Standard Paragraph E make any protest with reference to said at the end of this notice. filing should file a petition to intervene WNG states that a copy of its filing or protest with the Federal Energy was served on all participants listed on 3. The Dayton Power and Light Regulatory Commission, 888 First Street the service lists maintained by the Company Commission in the dockets referenced NE., Washington, DC 20426, in [Docket No. ER96–1917–000] accordance with Sections 211 and 214 above and on all jurisdictional of the Commission’s Rules of Practice customers and interested state Take notice that on May 24, 1996, The commissions. Dayton Power and Light Company and Procedure, 18 CFR 385.211 and Any person desiring to protest this 385.214. All such petitions or protests (Dayton), tendered for filing an executed filing should file a protest with the Master Electric Interchange Agreement must be filed as provided in Section Federal Energy Regulatory Commission, 154.210 of the Commission’s between Dayton and Eastex Power 888 First Street, NE., Washington, DC Marketing Inc. (Eastex). Regulations. Protests will be considered 20426, in accordance with Section by the Commission in determining the 385.211 of the Commission’s Rules and Pursuant to the rate schedules appropriate action to be taken, but will Regulations. All such protests must be attached as Exhibit B to the Agreement, not serve to make protestants parties to filed as provided in Section 154.210 of Dayton will provide to Eastex power this proceeding. Any person wishing to the Commission’s Regulations. Protests and/or energy for resale. become a party must file a petition to will be considered by the Commission Comment date: June 20, 1996, in intervene. Copies of this filing are on in determining appropriate action to be accordance with Standard Paragraph E taken, but will not serve to make at the end of this notice. Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30055

4. The Dayton Power and Light 1996. The revised tariff sheets correct 9. Northern States Power Company Company ) the rate for the loss compensation (Minnesota Company) [Docket No. ER96–1918–000] service provided under the transmission [Docket No. ER96–1924–000] tariffs. The CSW Operating Companies Take notice that on May 24, 1996, The request that the revised tariff sheets be Take notice that on May 24, 1996, Dayton Power and Light Company accepted to become effective as of April Northern States Power Company (Dayton), tendered for filing an executed 10, 1996. (Minnesota)(NSP), tendered for filing Master Electric Interchange Agreement the following agreements: between Dayton and Western Power Copies of the filing have been served Æ Transmission Service Agreement Services Inc. (WPS). on all customers of the affected tariffs, between NSP and Commonwealth Pursuant to the rate schedules the Public Utility Commission of Texas, Edison Company. attached as Exhibit B to the Agreement, the Oklahoma Corporation Commission, Æ Transmission Service Agreement Dayton will provide to WPS power and/ the Arkansas Public Service between NSP and InterCoast Power or energy for resale. Commission, and the Louisiana Public Marketing Company. Comment date: June 20, 1996, in Service Commission. Copies of this Æ Transmission Service Agreement accordance with Standard Paragraph E filing will also be available for public between NSP and Minnesota Power and at the end of this notice. inspection in the general offices of CPL Light Company. in Corpus Christi, Texas, of WTU in Æ 5. Allegheny Power Service Transmission Service Agreement Abilene, Texas, of PSO in Tulsa, between NSP and Tennessee Power Corporation, on behalf of Monongahela Oklahoma, and of SWEPCO in Power Company, The Potomac Edison Company. Shreveport, Louisiana. NSP requests that the Commission Company, and West Penn Power accept the agreements effective April 25, Company (Allegheny Power) Comment date: June 20, 1996, in accordance with Standard Paragraph E 1996, and requests waiver of the [Docket No. ER96–1920–000] at the end of this notice. Commission’s notice requirements in Take notice that on May 24, 1996, order for the agreements to be accepted Allegheny Power Service Corporation 7. Cinergy Services, Inc. for filing on the date requested. on behalf of Monongahela Power [Docket No. ER96–1922–000] Comment date: June 20, 1996, in Company, The Potomac Edison accordance with Standard Paragraph E Company and West Penn Power Take notice that on May 24, 1996, at the end of this notice. Company (Allegheny Power), filed Cinergy Services, Inc. (Cinergy), 10. Northern States Power Company Service Agreements to add Coral Power, tendered for filing a service agreement (Minnesota Company) L.L.C., PanEnergy Power Services, Inc., under Cinergy’s Non-Firm Point-to- Southern Energy Marketing, Inc., Point Transmission Service Tariff (the [Docket No. ER96–1925–000] TransCanada Power Corp., and Western Tariff) entered into between Cinergy and Take notice that on May 24, 1996, Power Services, Inc. as Customers under TransCanada Power Corp. Northern States Power Company Allegheny Power’s Point-to-Point Comment date: June 20, 1996, in (Minnesota) (NSP), tendered for filing Transmission Service Tariff which has accordance with Standard Paragraph E the following agreements: been accepted for filing by the Federal at the end of this notice. Æ Transmission Service Agreement Energy Regulatory Commission. 8. Northern States Power Company between NSP and Commonwealth Allegheny Power proposes to make (Minnesota Company) Edison Company. service available to Customers as of May Æ Transmission Service Agreement 23, 1996. [Docket No. ER96–1923–000] between NSP and InterCoast Power Copies of the filing have been Take notice that on May 24, 1996, Marketing Company. provided to the Public Utilities Northern States Power Company Æ Transmission Service Agreement Commission of Ohio, the Pennsylvania (Minnesota)(NSP), tendered for filing between NSP and Minnesota Power and Public Utility Commission, the the following agreements: Light Company. Maryland Public Service Commission, Æ Transmission Service Agreement the Virginia State Corporation Æ Transmission Service Agreement between NSP and Tennessee Power Commission, the West Virginia Public between NSP and Commonwealth Company. Service Commission. Edison Company. NSP requests that the Commission Comment date: June 20, 1996, in Æ Transmission Service Agreement accept the agreements effective April 25, accordance with Standard Paragraph E between NSP and InterCoast Power 1996, and requests waiver of the at the end of this notice. Marketing Company. Commission’s notice requirements in order for the agreements to be accepted 6. Central Power and Light Company, Æ Transmission Service Agreement for filing on the date requested. West Texas Utilities Company, Public between NSP and Minnesota Power and Comment date: June 20, 1996, in Service Company of Oklahoma and Light Company. accordance with Standard Paragraph E Southwestern Electric Power Company Æ Transmission Service Agreement at the end of this notice. [Docket No. ER96–1921–000] between NSP and Tennessee Power Company. 11. Northern States Power Company Take notice that on May 24, 1996, (Minnesota Company) Central Power and Light Company, West NSP requests that the Commission Texas Utilities Company, Public Service accept the agreements effective April 26, [Docket No. ER96–1926–000] Company of Oklahoma and 1996, and requests waiver of the Take notice that on May 24, 1996, Southwestern Electric Power Company Commission’s notice requirements in Northern States Power Company (collectively CSW Operating order for the agreements to be accepted (Minnesota) (NSP), tendered for filing Companies), tendered for filing for filing on the date requested. the following agreements: corrected pages to their open access Comment date: June 20, 1996, in Æ Transmission Service Agreement transmission tariffs accepted for filing in accordance with Standard Paragraph E between NSP and Commonwealth the above-captioned docket on April 10, at the end of this notice. Edison Company. 30056 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

Æ Transmission Service Agreement Interconnection and Interchange Commission, and the North Carolina between NSP and InterCoast Power Agreement between NSP and United Utilities Commission. Marketing Company. Power Association (UPA). This Comment date: June 20, 1996, in Æ Transmission Service Agreement supplement establishes a second accordance with Standard Paragraph E between NSP and Minnesota Power and metered control area boundary at the at the end of this notice. Light Company. Benton County Substation, removes the Æ Transmission Service Agreement Elk River Interconnection, and corrects 17. Cinergy Services, Inc. between NSP and Tennessee Power a typographical error in the description [Docket No. ER96–1932–000] Company. of the Shafer Interconnection. Take notice that on May 28, 1996, NSP requests that the Commission NSP requests that the Commission Cinergy Services, Inc. (Cinergy), accept the agreements effective April 26, accept the supplement effective May 29, tendered for filing a service agreement 1996, and requests waiver of the 1996, and requests waiver of the under Cinergy’s Non-Firm Point-to- Commission’s notice requirements in Commission’s notice requirements in Point Transmission Service Tariff (the order for the agreements to be accepted order for the supplement to be accepted Tariff) entered into between Cinergy and for filing on the date requested. for filing on the date requested. South Carolina Public Service Comment date: June 20, 1996, in Comment date: June 20, 1996, in Authority. accordance with Standard Paragraph E accordance with Standard Paragraph E Comment date: June 20, 1996, in at the end of this notice. at the end of this notice. accordance with Standard Paragraph E 12. Central Illinois Public Service 15. Power Fuels, Inc. at the end of this notice. Company [Docket No. ER96–1930–000] 18. LS Power Marketing, LLC [Docket No. ER96–1927–000] Take notice that on May 28, 1996, [Docket No. ER96–1947–000] Take notice that on May 23, 1996, Power Fuels, Inc. (PFI), tendered for Central Illinois Public Service Company filing pursuant to Rule 205, 18 CFR Take notice that on May 29, 1996, LS (CIPS) submitted a Service Agreement 385.205, a petition for waivers and Power Marketing, LLC (LSPM), dated May 17, 1996, establishing blanket approvals under various petitioned the Commission for Carolina Power & Light Company regulations of the Commission and for acceptance of LSPM Rate Schedule No. (CP&L) as a customer under the terms of an order accepting Power Fuels, Inc. 1; the granting of certain blanket CIPS’ Coordination Sales Tariff CST–1 Electric Rate Schedule FERC No. 1 to be approvals, including the authority to (CST–1 Tariff). effective no later than sixty (60) days sell electricity at market-based rates; CIPS requests an effective date of May from the date of its filing. and the waiver of certain Commission 17, 1996, for the service agreement and PFI intends to serve the electric power Regulations. LSPM is an affiliate of the revised Index of Customers. market as a marketer of electric power. Granite Power Partners, L.P., Granite Accordingly, CIPS requests waiver of PFI seeks authority to purchase electric Power Partners II, L.P., LS Power, LLC the Commission’s notice requirements. capacity, energy or transmission and the LS Power Corporation, each of Copies of this filing were served upon services from third parties, and to sell which, through other subsidiaries, CP&L and the Illinois Commerce such capacity and energy to others at develops, owns equity interests in and Commission. negotiated, market-based rates. PFI does operates non-utility generating facilities Comment date: June 20, 1996, in not own or control nor is it affiliated in the United States. accordance with Standard Paragraph E with any entity which owns or controls Comment date: June 20, 1996, in at the end of this notice. electric generation, transmission, or accordance with Standard Paragraph E at the end of this notice. 13. Northern States Power Company distribution facilities. (Minnesota Company) Comment date: June 20, 1996, in Standard Paragraph accordance with Standard Paragraph E [Docket No. ER96–1928–000] at the end of this notice. E. Any person desiring to be heard or Take notice that on May 24, 1996, to protest said filing should file a 16. Virginia Electric and Power Northern States Power Company motion to intervene or protest with the Company (Minnesota) (NSP), tendered for filing Federal Energy Regulatory Commission, the Transmission Service Agreement [Docket No. ER96–1931–000] 888 First Street, NE., Washington, DC between NSP and Koch Power Services Take notice that on May 28, 1996, 20426, in accordance with Rules 211 Inc. Virginia Electric and Power Company and 214 of the Commission’s Rules of NSP requests that the Commission (Virginia Power), tendered for filing a Practice and Procedure (18 CFR 385.211 accept the agreement effective April 24, Service Agreement between MidCon and 18 CFR 385.214). All such motions 1996, and requests waiver of the Power Services Corporation and or protests should be filed on or before Commission’s notice requirements in Virginia Power, dated April 22, 1996, the comment date. Protests will be order for the agreement to be accepted under the Power Sales Tariff to Eligible considered by the Commission in for filing on the date requested. Purchasers dated May 27, 1994. Under determining the appropriate action to be Comment date: June 20, 1996, in the tendered Service Agreement taken, but will not serve to make accordance with Standard Paragraph E Virginia Power agrees to provide protestants parties to the proceeding. at the end of this notice. services to MidCon Power Services Any person wishing to become a party Corporation under the rates, terms and must file a motion to intervene. Copies 14. Northern States Power Company of this filing are on file with the (Minnesota Company) conditions of the Power Sales Tariff as agreed by the parties pursuant to the Commission and are available for public [Docket No. ER96–1929–000] terms of the applicable Service inspection. Take notice that on May 28, 1996, Schedules included in the Power Sales Lois D. Cashell, Northern States Power Company Tariff. Secretary. (Minnesota) (NSP), tendered for filing Copies of the filing were served upon [FR Doc. 96–15019 Filed 6–12–96; 8:45 am] Supplement No. 9 to the the Virginia State Corporation BILLING CODE 6717±01±P Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30057

[Docket No. ER92±533±002, et al.] between NSP and Western Power Comment date: June 21, 1996, in Services, Inc. accordance with Standard Paragraph E Louisville Gas and Electric Company, NSP requests that the Commission at the end of this notice. et al.; Electric Rate and Corporate accept the agreement effective April 28, 10. Cinergy Services, Inc. Regulation Filings 1996, and requests waiver of the June 7, 1996. Commission’s notice requirements in [Docket No. ER96–1941–000] Take notice that the following filings order for the agreements to be accepted Take notice that on May 28, 1996, have been made with the Commission: for filing on the date requested. Cinergy Services, Inc. (Cinergy), Comment date: June 21, 1996, in tendered for filing a service agreement 1. Louisville Gas and Electric Company accordance with Standard Paragraph E under Cinergy’s Non-Firm Point-to- [Docket No. ER92–533–002] at the end of this notice. Point Transmission Service Tariff (the Take notice that Louisville Gas and 6. Wisconsin Power and Light Company Tariff) entered into between Cinergy and Electric Company (LG&E), tendered for Utilicorp United Inc. [Docket No. ER96–1937–000] filing a Market Power Analysis in Comment date: June 21, 1996, in compliance with the Commission’s Take notice that on May 28, 1996, accordance with Standard Paragraph E order approving LG&E’s market-based Wisconsin Power and Light Company at the end of this notice. (WP&L), tendered for filing a signed rates in Docket No. ER92–533–000 dated 11. PECO Energy Company January 14, 1993. Service Agreement under WP&L’s Bulk Comment date: June 20, 1996, in Power Tariff between itself and [Docket No. ER96–1942–000] accordance with Standard Paragraph E Tennessee Valley Authority. WP&L Take notice that on May 28, 1996, at the end of this notice. respectfully requests a waiver of the PECO Energy Company (PECO), filed a Commission’s notice requirements, and Service Agreement dated May 13, 1996 2. Ohio Power Company an effective date of May 1, 1996. with Duke Power Company (Duke [Docket No. ER94–1555–000] Comment date: June 21, 1996, in Power) under PECO’s FERC Electric Take notice that on May 20, 1996, accordance with Standard Paragraph E Tariff Original Volume No. 4 (Tariff). Ohio Power Company tendered for at the end of this notice. The Service Agreement adds Duke filing a Petition to withdraw its August 7. Wisconsin Power and Light Company Power as a customer under the Tariff. 15, 1994 filing in the above-referenced PECO requests an effective date of docket. [Docket No. ER96–1938–000] May 13, 1996, for the Service Comment date: June 21, 1996, in Take notice that on May 28, 1996, Agreement. accordance with Standard Paragraph E Wisconsin Power and Light Company PECO states that copies of this filing at the end of this notice. (WP&L), tendered for filing a signed have been supplied to Duke Power and Service Agreement under WP&L’s Bulk to the Pennsylvania Public Utility 3. UtiliCorp United Inc. Power Tariff between itself and Aquila Commission. [Docket No. ER96–360–000] Power. WP&L respectfully requests a Comment date: June 21, 1996, in Take notice that on May 28, 1996, waiver of the Commission’s notice accordance with Standard Paragraph E UtiliCorp United Inc. tendered for filing requirements, and an effective date of at the end of this notice. an amendment in the above-referenced May 1, 1996. Comment date: June 21, 1996, in 12. Allegheny Power Service docket. Corporation, on behalf of Monongahela Comment date: June 21, 1996, in accordance with Standard Paragraph E at the end of this notice. Power Company, The Potomac Edison accordance with Standard Paragraph E Company and West Penn Power at the end of this notice. 8. Wisconsin Power and Light Company Company (Allegheny Power) 4. Northern States Power Company [Docket No. ER96–1939–000] [Docket No. ER96–1943–000] [Docket No. ER96–1934–000] Take notice that on May 28, 1996, Take notice that on May 24, 1996, Take notice that on May 28, 1996, Wisconsin Power and Light Company Allegheny Power Service Corporation Northern States Power Company (WP&L), tendered for filing a signed on behalf of Monongahela Power (Minnesota) (NSP), tendered for filing a Service Agreement under WP&L’s Bulk Company, The Potomac Edison Transmission Service Agreement Power Tariff between itself and Carolina Company and West Penn Power between NSP and Central Minnesota Power & Light Company. WP&L Company (Allegheny Power) filed Municipal Power Agency. respectfully requests a waiver of the Supplement No. 11 to add three (3) new NSP requests that the Commission Commission’s notice requirements, and Customers to the Standard Generation accept the agreement effective April 28, an effective date of May 1, 1996. Service Rate Schedule under which 1996, and requests waiver of the Comment date: June 21, 1996, in Allegheny Power offers standard Commission’s notice requirements in accordance with Standard Paragraph E generation and emergency service on an order for the agreement to be accepted at the end of this notice. hourly, daily, weekly, monthly or yearly for filing on the date requested. 9. Wisconsin Power and Light Company basis. Allegheny Power requests a Comment date: June 21, 1996, in waiver of notice requirements to make accordance with Standard Paragraph E [Docket No. ER96–1940–000] service available as of May 23, 1996, to at the end of this notice. Take notice that on May 28, 1996, Coral Power, L.L.C., TransCanada Power Wisconsin Power and Light Company 5. Northern States Power Company Corp., and Western Power Services, Inc. (WP&L), tendered for filing a signed Copies of the filing have been (Minnesota Company) Service Agreement under WP&L’s Bulk provided to the Public Utilities [Docket No. ER96–1935–000] Power Tariff between itself and Eastex Commission of Ohio, the Pennsylvania Take notice that on May 28, 1996, Power Marketing, Inc. WP&L Public Utility Commission, the Northern States Power Company respectfully requests a waiver of the Maryland Public Service Commission, (Minnesota) (NSP), tendered for filing Commission’s notice requirements, and the Virginia State Corporation the Transmission Service Agreement an effective date of May 1, 1996. Commission, the West Virginia Public 30058 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

Service Commission, and all parties of Comment date: June 21, 1996, in (Supplemental Agreement) to the 1990 record. accordance with Standard Paragraph E Integrated Operations Agreement (1990 Comment date: June 21, 1996, in at the end of this notice. IOA) with the City of Azusa (Azusa), accordance with Standard Paragraph E FERC Rate Schedule No. 247, and 15. Public Service Company of at the end of this notice. associated Firm Transmission Service Oklahoma and Southwestern Electric Agreement (FTS Agreement): 13. Jersey Central Power & Light Power Company Supplemental Agreement Between Southern Company, Metropolitan Edison [Docket No. ER96–1946–000] Company and Pennsylvania Electric California Edison Company and City of Company Take notice that on May 29, 1996, Azusa for the Integration of the DWR Public Service Company of Oklahoma Power Sale Agreement [Docket No. ER96–1944–000] (PSO) and Southwestern Electric Power Edison-Azusa, DWR Firm Transmission Take notice that on May 29, 1996, Company (SWEPCO) (jointly, the Service Agreement Between Southern GPU Service Corporation (GPU), on Companies) submitted for filing two California Edison Company and City of Azusa behalf of Jersey Central Power & Light Service Agreements, each dated April Company, Metropolitan Edison 24, 1996, establishing West Texas The Supplemental Agreement sets Company and Pennsylvania Electric Municipal Power Agency (WTMPA) as forth the terms and conditions by which Company (jointly referred to as the GPU a customer under the terms of each of Edison will integrate capacity and Operating Companies), filed an the Companies’ umbrella Coordination associated energy under Azusa’s DWR executed Service Agreement between Sales Tariffs CST–1 (CST–1 Tariffs). Power Sale Agreement with Department GPU and TransCanada Power The Companies request an effective of Water Resources of the State of Corporation (TPC), dated May 8, 1996. date of May 1, 1996, and, accordingly, California (DWR). The FTS Agreement This Service Agreement specifies that seek waiver of the Commission’s notice sets forth the terms and conditions by TPC has agreed to the rates, terms and requirements. Copies of this filing were which Edison, among other things, will conditions of the GPU Operating served upon WTMPA, the Oklahoma provide firm transmission service for Companies’ Operating Capacity and/or Corporation Commission, the Public the DWR Agreement. Edison seeks Energy Sales Tariff (Sales Tariff) Utility Commission of Texas, the waiver of the 60-day prior notice designated as FERC Electric Tariff, Arkansas Public Service Commission, requirement and requests the Original Volume No. 1. The Sales Tariff and the Louisiana Public Service Commission assign an effective date of was accepted by the Commission by Commission. June 1, 1996, to the Supplemental and letter order issued on February 10, 1995 Comment date: June 21, 1996, in FTS Agreement. in Jersey Central Power & Light Co., accordance with Standard Paragraph E Copies of this filing were served upon Metropolitan Edison Co. and at the end of this notice. the Public Utilities Commission of the Pennsylvania Electric Co., Docket No. State of California and all interested 16. Southern California Edison ER95–276–000 and allows GPU and parties. Company TPC to enter into separately scheduled Comment date: June 21, 1996, in transactions under which the GPU [Docket No. ER96–1949–000] accordance with Standard Paragraph E Operating Companies will make Take notice that on May 30, 1996, at the end of this notice. available for sale, surplus operating Southern California Edison Company 18. Southern California Edison capacity and/or energy at negotiated (Edison), tendered for filing a letter Company rates that are no higher than the GPU agreement dated May 17, 1996 Operating Companies’ cost of service. (Agreement) with the City of Azusa [Docket No. ER96–1951–000] GPU requests a waiver of the (Azusa) as initial rate schedule. Take notice that on May 30, 1996, Commission’s notice requirements for The Agreement sets forth the terms Southern California Edison Company good cause shown and an effective date and conditions by which Edison will act (Edison), tendered for filing the of May 8, 1996 for the Service as Azusa’s scheduling agent for flow- following 1996 Settlement Agreement Agreement. through transmission transactions (Settlement) with the City of Azusa GPU has served copies of the filing on between Sylmar and Palo-Verde which (Azusa) and Amendment No. 2 to the regulatory agencies in New Jersey and are not part of Azusa’s integrated San 1990 Integrated Operations Agreement Pennsylvania. Juan Unit 3 resource transactions. (1990 IOA), FERC Rate Schedule No. Comment date: June 21, 1996, in Edison seeks waiver of the 60-day prior 247: accordance with Standard Paragraph E notice requirement and requests that the 1996 Settlement Agreement Between at the end of this notice. Commission assign an effective date of Southern California Edison Company and May 31, 1996, to the Agreement. 14. The Montana Power Company the City Of Azusa, California Copies of this filing were served upon Amendment No. 2 to the 1990 Integrated [Docket No. ER96–1945–000] the Public Utilities Commission of the Operations Agreement Between Southern Take notice that on May 29, 1996, The State of California and all interested California Edison Company and the City of Montana Power Company (Montana), parties. Azusa tendered for filing with the Federal Comment date: June 21, 1996, in The Settlement sets forth the terms Energy Regulatory Commission accordance with Standard Paragraph E and conditions by which Edison agrees pursuant to 18 CFR 35.15, a Notice of at the end of this notice. to integrate a new Capacity Resource, Termination for Montana Rate Schedule 17. Southern California Edison supersedes parts of Appendix B to the FERC No. 139, the WNP–1 Project Company 1992 Settlement between Edison and Exchange Agreement between Montana, the Cities of Anaheim, Azusa, Banning, Bonneville Power Administration [Docket No. ER96–1950–000] Colton, and Riverside, California, (Bonneville), and Washington Public Take notice that on May 30, 1996, regarding integration of resources, and Power Supply System (WPPSS). Southern California Edison Company terminates the 1995 Power Sale A copy of the filing was served upon (Edison), tendered for filing the Agreement between Edison and Azusa. Bonneville and WPPSS. following Supplemental Agreement Additionally, Edison and Azusa have Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30059 agreed to amend the termination (Riverside), FERC Rate Schedule No. Commission and are available for public provisions of the 1990 IOA to only 250, and associated Firm Transmission inspection. require 3 years notice for termination. Service Agreement (FTS Agreement): Lois D. Cashell, Edison seeks waiver of the 60-day prior Secretary. Supplemental Agreement Between Southern [FR Doc. 96–15020 Filed 6–12–96; 8:45 am] notice requirement and requests that the California Edison Company and the City of Commission assign an effective date of Riverside for the Integration of the DWR BILLING CODE 6717±01±P June 1, 1996. Power Sale Agreement III Copies of this filing were served upon Edison-Riverside, DWR–III Firm the Public Utilities Commission of the Transmission Service Agreement Between [Docket Nos. CP66±111±003 and CP96±26± State of California and all interested Southern California Edison Company and 000] parties. City of Riverside Great Lakes Gas Transmission Limited Comment date: June 21, 1996, in Supplemental Agreement sets forth accordance with Standard Paragraph E Partnership; Notice of Availability of the terms and conditions by which the Environmental Assessment for the at the end of this notice. Edison will integrate capacity and 19. Southern California Edison Proposed St. Clair River Crossing associated energy under Riverside’s Project Company DWR Power Sale Agreement III (DWR [Docket No. ER96–1954–000] Agreement II) with Department of Water June 7, 1996. Take notice that on May 30, 1996, Resources of the State of California The staff of the Federal Energy Southern California Edison Company (DWR). The FTS Agreement sets forth Regulatory Commission (FERC or (Edison), tendered for filing the the terms and conditions by which Commission) has prepared an following Supplemental Agreement Edison, among other things, will environmental assessment (EA) on the (Supplemental Agreement) to the 1990 provide firm transmission service for natural gas pipeline facilities proposed Integrated Operations Agreement (1990 the DWR Agreement III. Edison seeks by Great Lakes Gas Transmission IOA) with the City of Riverside waiver of the 60 day prior notice Limited Partnership (Great Lakes) in the (Riverside), FERC Rate Schedule No. requirement and requests the above-referenced dockets. 250, and associated Firm Transmission Commission assign an effective date of The EA was prepared to satisfy the Service Agreement (FTS Agreement): June 1, 1996, to the Supplemental and requirements of the National Supplemental Agreement Between Southern FTS Agreement. Environmental Policy Act. The staff California Edison Company and the City of Copies of this filing were served upon concludes that approval of the proposed Riverside for the Integration Of The DWR project, with appropriate mitigating Power Sale Agreement IV the Public Utilities Commission of the Edison-Riverside, DWR–IV Firm State of California and all interested measures, would not constitute a major Transmission Service Agreement Between parties. Federal action significantly affecting the Southern California Edison Company and Comment date: June 21, 1996, in quality of the human environment. City of Riverside. accordance with Standard Paragraph E The EA assesses the potential The Supplemental Agreement sets at the end of this notice. environmental effects of the forth the terms and conditions by which construction and operation of the 21. Susquehanna Power Company and proposed St. Clair River crossing and Edison will integrate capacity and Philadelphia Electric Company associated energy under Riverside’s related aboveground facilities including: • DWR Power Sale Agreement IV (DWR [Docket Nos. ER94–168–000, ER94–169–000 About 1,500 feet of 36-inch- Agreement IV) with Department of and ER94–170–000] diameter pipeline to be directionally Water Resources of the State of Take notice that on June 4, 1996, drilled under the St. Clair River, and California (DWR). The FTS Agreement Susquehanna Power Company, • An aboveground pig launcher and sets forth the terms and conditions by Philadelphia Electric Company tendered mainline valve adjacent to Great Lakes’ which Edison, among other things, will for filing a Notice of Withdrawal in the existing facilities in the area. provide firm transmission service for above-referenced dockets. The proposed facilities at the the DWR Agreement IV. Edison seeks Comment date: June 21, 1996, in international border between the United waiver of the 60 day prior notice accordance with Standard Paragraph E States and Canada, in St. Clair County, requirement and requests the at the end of this notice. Michigan would interconnect with the Commission assign an effective date of facilities of TransCanada Pipelines Standard Paragraph June 1, 1996, to the Supplemental and Limited (TransCanada) in Canada. The FTS Agreement. E. Any person desiring to be heard or purpose of the proposed facilities would Copies of this filing were served upon to protest said filing should file a be to provide security and reliability to the Public Utilities Commission of the motion to intervene or protest with the Great Lakes’ river crossing facilities in State of California and all interested Federal Energy Regulatory Commission, this area and to provide 50,000 parties. 888 First Street, N.E., Washington, D.C. thousand cubic feet per day of firm Comment date: June 21, 1996, in 20426, in accordance with Rules 211 winter transportation service to accordance with Standard Paragraph E and 214 of the Commission’s Rules of TransCanada. at the end of this notice. Practice and Procedure (18 CFR 385.211 The EA has been placed in the public 20. Southern California Edison and 18 CFR 385.214). All such motions files of the FERC and is available for Company or protests should be filed on or before public inspection at: Federal Energy [Docket No. ER96–1955–000] the comment date. Protests will be Regulatory Commission, Public Take notice that on May 30, 1996, considered by the Commission in Reference and Files Maintenance Southern California Edison Company determining the appropriate action to be Branch, 888 First Street, NE., (Edison), tendered for filing the taken, but will not serve to make Washington, DC 20426 (202) 208–1371. following Supplemental Agreement protestants parties to the proceeding. Copies of the EA have been mailed to (Supplemental Agreement) to the 1990 Any person wishing to become a party Federal, state and local agencies, Integrated Operations Agreement (1990 must file a motion to intervene. Copies interested individuals, and parties to IOA) with the City of Riverside of this filing are on file with the this proceeding. 30060 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

A limited number of copies of the EA 157.212 and 157.216 of the Gas Act, for authority to abandon four are available from: Mr. Howard Commission’s Regulations under the lateral line compressors and related Wheeler, Environmental Project Natural Gas Act (18 CFR 157.205, facilities, located at Applicant’s Bibler Manager, Environmental Review and 157.212 and 157.216) for authorization Compressor Station, all as more fully Compliance Branch II, Office of Pipeline to utilize facilities originally installed described in the application on file with Regulation, PR–11.2, 888 First Street, for the delivery of NGPA Section 311 the Commission and open to public NE., Washington, DC 20426 (202) 208– transportation gas to Missouri Gas inspection. 2299. Energy (MGE) for purposes other than Applicant proposes to abandon the Any person wishing to comment on NGPA Section 311 transportation, to four compressors at the Bibler the EA may do so. Written comments abandon by reclaim the original Compressor Station, because there has must reference Docket No. CP96–26– Higginsville town border station, and to been a significant drop in gas volumes. 000, and be addressed to: Office of the abandon by sale to MGE approximately Applicant states that there is Secretary, Federal Energy Regulatory 1.4 miles of 6-inch lateral pipeline, all insufficient supply at the Bibler Commission, 888 First Street, NE., located in Lafayette County, Missouri, Compressor Station to operate the Washington, DC 20426. under WNG’s blanket certificate issued compressors. Gas will continue to be Comments should be filed as soon as in Docket No. CP82–479–000 pursuant routed to the Price Compressor Station. possible, but must be received no later to Section 7 of the Natural Gas Act, all Applicant states that after approval of than July 8, 1996, to ensure as more fully set forth in the request that the abandonment, it will retain three of consideration prior to a Commission is on file with the Commission and open the compressors for future use, and decision on this proposal. A copy of any to public inspection. salvage one. comments should also be sent to Mr. WNG proposes to utilize existing Comment date: June 26, 1996, in Howard Wheeler, Environmental Project NGPA Section 311 transportation accordance with Standard Paragraph F Manager, PR–11.2, at the above address. facilities for other deliveries of gas to at the end of this notice. Comments will be considered by the MGE to serve both the town of Commission but will not serve to make Higginsville and a 50 megawatt turbine 3. Ozark Gas Transmission System the commentor a party to the at a new power plant. WNG states that [Docket No. CP96–549–000] proceeding. Any person seeking to the facilities consist of a 6-inch tap, a 4- Take notice that on May 30, 1996, become a party to the proceeding must run, multi-size orifice meter tube Ozark Gas Transmission System setting, regulation, and appurtenances. file a motion to intervene pursuant to (Applicant), 13430 Northwest Freeway, WNG states that the facilities were Rule 214 of the Commission’s Rules of Suite 1200, Houston Texas 77040, filed installed in April, 1996 to replace the Practice and Procedures (18 CFR pursuant to Section 7(b) of the Natural town border facilities originally 385.214). Gas Act, for authority to abandon four installed in 1937. WNG states that the The date for filing timely motions to lateral line compressors and related new tap is located off of WNG’s 10-inch intervene in this proceeding has passed. facilities, located at Applicant’s Line XTB at the site of WNG’s existing Therefore, parties now seeking to file Shawnee Compressor Station, all as Higginsville gate. WNG states that the late interventions must show good more fully described in the application installation of the new tap at the site of cause, as required by section on file with the Commission and open the Higginsville gate allows WNG to sell 385.214(b)(3), why this time limitation to public inspection. should be waived. Environmental issues to MGE approximately 1.4 miles of 6- inch pipeline XTB–2 located Applicant is proposing to abandon the have been viewed as good cause for late four compressors at the Shawnee intervention. You do not need downstream of the existing Higginsville setting. Compressor Station, because there has intervenor status to have your been a significant drop in gas volumes. comments considered. WNG states that the combined peak day summer deliveries for the power Applicant states that there is currently Additional information about this insufficient gas supply at the Shawnee project is available from Mr. Howard plant and the town border are expected to be approximately 14,921 Dth with the Compressor Station to operate the Wheeler, Environmental Project compressors. Applicant states that if Manager. power plant operating from June through September. WNG states that the abandonment is approved it will salvage Lois D. Cashell, peak day winter deliveries to the town three of the compressors, and retain one Secretary. have historically been approximately for future use. [FR Doc. 96–14990 Filed 6–12–96; 8:45 am] 3,413 Dth. WNG states that the Comment date: June 26, 1996, in BILLING CODE 6717±01±M operation of the new town border accordance with Standard Paragraph F facilities will have no impact on WNG’s at the end of this notice. [Docket No. CP96±547±000, et al.] peak day or annual deliveries, and that 4. Ozark Gas Transmission System WNG has sufficient capacity to Williams Natural Gas Company, et al.; accomplish the delivery specified [Docket No. CP96–550–000] Natural Gas Certificate Filings without detriment or disadvantage to its Take notice that on May 30, 1996, other customers. Ozark Gas Transmission System June 5, 1996. Comment date: July 22, 1996, in (Applicant), 13430 Northwest Freeway, Take notice that the following filings accordance with Standard Paragraph G Suite 1200, Houston Texas 77040, filed have been made with the Commission: at the end of this notice. pursuant to Section 7(b) of the Natural Gas Act, for authority to abandon one 1. Williams Natural Gas Company 2. Ozark Gas Transmission System lateral line compressor located at [Docket No. CP96–547–000] [Docket No. CP96–548–000] Applicant’s Moss Compressor Station, Take notice that on May 29, 1996, Take notice that on May 30, 1996, all as more fully described in the Williams Natural Gas Company (WNG), Ozark Gas Transmission System application which is on file and open to P.O. Box 3288, Tulsa, Oklahoma 74101, (Applicant), 13430 Northwest Freeway, public inspection. filed in Docket No. CP96–547–000 a Suite 1200, Houston Texas 77040, filed Applicant is proposing to abandon request pursuant to Sections 157.205, pursuant to Section 7(b) of the Natural one of the two compressors at the Moss Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30061

Compressor Station, because there has to Section 157.205 of the Regulations and Standards, Research Triangle Park, been a significant drop in the gas under the Natural Gas Act (18 CFR North Carolina 27711. volumes. Applicant states that there is 157.205) a protest to the request. If no SUPPLEMENTARY INFORMATION: insufficient supply at the Moss protest is filed within the time allowed Compressor Station to operate both therefore, the proposed activity shall be I. Background compressors. Applicant states that one deemed to be authorized effective the Affected entities: Entities potentially compressor at the station will remain in day after the time allowed for filing a affected by this action are those which service. Applicant states that after protest. If a protest is filed and not must apply for and obtain an operating approval of abandonment, it will retain withdrawn within 30 days after the time permit under title V of the Clean Air Act the abandoned Compressor for future allowed for filing a protest, the instant (Act). use. request shall be treated as an Title: Clean Air Act Title V— Comment date: June 26, 1996, in application for authorization pursuant Operating Permits Regulations, OMB accordance with Standard Paragraph F to Section 7 of the Natural Gas Act. Control Number 2060–0234, expiring at the end of this notice. Lois D. Cashell, September 30, 1996. Standard Paragraphs Secretary. Abstract: In implementing title V of F. Any person desiring to be heard or [FR Doc. 96–15021 Filed 6–12–96; 8:45 am] the Act and EPA’s part 70 operating make any protest with reference to said BILLING CODE 6717±01±P permits regulations, State and local filing should on or before the comment agencies must develop programs and date file with the Federal Energy submit them to EPA for approval Regulatory Commission, 888 First ENVIRONMENTAL PROTECTION (section 502(d)), and sources subject to Street, NE., Washington, DC 20426, a AGENCY the program must develop operating motion to intervene or a protest in permit applications and submit them to accordance with the requirements of the [FRL±5520±7] the permitting authority within 1 year Commission’s Rules of Practice and after program approval (section 503). Operating Permits Program; Agency Procedure (18 CFR 385.211 and Permitting authorities will then issue Information Collection Activities: 385.214) and the Regulations under the permits (section 503(c)) and thereafter Comment Request Natural Gas Act (18 CFR 157.10). All enforce, revise, and renew those permits at 5-year intervals (section 502(d)). protests filed with the Commission will AGENCY: Environmental Protection be considered by it in determining the Agency (EPA). Permit applications and proposed appropriate action to be taken but will permits will be provided to, and are ACTION: Notice. not serve to make the protestants parties subject to review by, EPA (section to the proceeding. Any person wishing SUMMARY: In compliance with the 505(a)). All information submitted by a to become a party to a proceeding or to Paperwork Reduction Act (44 U.S.C. source and the issued permit shall also participate as a party in any hearing 3501 et seq.), this notice announces that be available for public review except for therein must file a motion to intervene EPA is planning to submit the following confidential information which will be in accordance with the Commission’s proposed Information Collection protected from disclosure (section Rules. Request (ICR) to the Office of 503(e)). Sources will semiannually Take further notice that, pursuant to Management and Budget (OMB): Clean submit compliance monitoring reports the authority contained in and subject to Air Act Title V—Operating Permits to the permitting authorities (section jurisdiction conferred upon the Federal Regulations, EPA ICR Number 1587.05, 504(a)). The EPA has the responsibility Energy Regulatory Commission by OMB Control Number 2060–0234, to oversee implementation of the Sections 7 and 15 of the Natural Gas Act expiring September 30, 1996. Before program and to administer a Federal and the Commission’s Rules of Practice submitting the ICR to OMB for review operating permits program in the event and Procedure, a hearing will be held and approval, EPA is soliciting a program is not approved for a State without further notice before the comments on changes to the previously (section 502(d)(3)), or if EPA determines Commission or its designee on this proposed information collection the permitting authority is not filing if no motion to intervene is filed (August 31, 1995, 60 FR 45563) as adequately administering its approved within the time required herein, if the described below. program (section 502(i)(4)). The Commission on its own review of the activities to carry out these tasks are DATES: Comments must be submitted on considered mandatory and necessary for matter finds that a grant of the or before August 12, 1996. certificate is required by the public implementation of title V and the proper convenience and necessity. If a motion ADDRESSES: Comments on the changes operation of the operating permits for leave to intervene is timely filed, or to the proposed ICR must be mailed to: program. This notice provides updated if the Commission on its own motion Roger Powell at the address indicated burden estimates from a previously believes that a formal hearing is below. Copies of the previously proposed ICR (60 FR 45563). required, further notice of such hearing proposed ICR may be obtained from: An agency may not conduct or will be duly given. EPA Air Docket (LE–131), Room M– sponsor, and a person is not required to Under the procedure herein provided 1500, Waterside Mall, 401 M Street SW., respond to, a collection of information for, unless otherwise advised, it will be Washington, DC 20460 (telephone 202– unless it displays a currently valid OMB unnecessary for the applicant to appear 260–7548). Ask for item number III–B– control number. The OMB control or be represented at the hearing. 2 in Docket Number A–93–50. numbers for EPA’s regulations are listed G. Any person or the Commission’s FOR FURTHER INFORMATION CONTACT: in 40 CFR Part 9 and 48 CFR Chapter staff may, within 45 days after the Roger Powell (telephone: 919–541– 15. issuance of the instant notice by the 5331, facsimile number: 919–541–5509, The EPA would like to solicit Commission, file pursuant to Rule 214 internet address: comments to: of the Commission’s Procedural Rules [email protected]), Mail (i) Evaluate whether the proposed (18 CFR 385.214) a motion to intervene Drop 12, U.S. Environmental Protection collection of information is necessary or notice of intervention and pursuant Agency, Office of Air Quality Planning for the proper performance of the 30062 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices functions of the agency, including 9,160 large major sources with over 100 additional burden incurred to whether the information will have tons per year emissions, 15,110 small implement the streamlining provisions practical utility; major sources emitting below 100 tons are 60 burden hours times 3,832 (ii) Evaluate the accuracy of the per year, and 1,277 sources able to be sources, or 229,920 hours. Once agency’s estimate of the burden of the covered by general permits. streamlining is implemented, sources proposed collection of information, will be able to eliminate monitoring and C. Burden Estimates including the validity of the reporting for subsumed applicable methodology and assumptions used; Burden means the total time, effort, or requirements for an ongoing resource (iii) Enhance the quality, utility, and financial resources expended by persons savings that will far exceed the one-time clarity of the information to be to generate, maintain, retain, or disclose burden of adopting streamlining. That collected; and or provide information to or for a burden savings from reduced (iv) Minimize the burden of the Federal agency. This includes the time monitoring and reporting has not yet collection of information on those who needed to review instructions; develop, been calculated and is not available at are to respond, including through the acquire, install, and utilize technology this time since the burden for use of appropriate automated electronic, and systems for the purposes of monitoring the various applicable mechanical, or other technological collecting, validating, and verifying requirements is not in the part 70 collection techniques or other forms of information, processing and program baseline. maintaining information, and disclosing information technology, e.g., permitting 2. Revised Burden Estimates electronic submission of responses. and providing information; adjust the existing ways to comply with any As previously noted, the August 1995 II. Proposed Changes to Draft ICR previously applicable instructions and proposed ICR included program changes A. Period of Coverage requirements; train personnel to be able associated with promulgation of to respond to a collection of proposed revisions to part 70. Today’s The EPA wishes to make information; search data sources; proposal would adjust some of the modifications to the August 1995 complete and review the collection of burden estimates associated with permit proposed draft ICR to make it information; and transmit or otherwise revisions under the proposed part 70 correspond more closely to the timing disclose the information. For the revisions. The burden for sources and specified in title V for the operating operating permits program, burden permitting authorities associated with permits program. The EPA proposes, in includes all the activities associated operating permit revisions for a change an attempt to get the ICR more closely with implementing the program. which is merged during its processing on track with the timetable of title V, to with a State program which requires 1. Effect of White Paper Number 2 modify the draft ICR to correspond to prior public and EPA review and for a the 3 years of November 15, 1996 On March 5, 1996, EPA issued its less environmentally significant permit through November 15, 1999. The ICR as second White Paper guidance document revision are increased. The burden for proposed would cover title V’s dates for which primarily addresses more participating in a public hearing for a a 3-year period of years 6, 7, and 8 of efficient methods of developing permit revision for sources and for the program. operating permits and complying with permitting authorities is decreased. In According to the title V timeframe, applicable requirements. The effect of addition, Table A–2 is proposed to be year 6 would be the last year of permit White Paper Number 2 is to reduce the revised to add a burden for permitting issuance. However, the timing of the burden on sources associated with authorities to issue a general permit. program varies for the 100 plus permit application development by These changes are felt by the Agency permitting authorities. Today’s approximately 6 percent and the burden to more realistically reflect the burden proposed revisions to the August 1995 on permitting authorities associated associated with these activities. draft ICR, therefore, includes estimates with issuing permits by approximately 1 of the burden associated with permit percent. The proposed changes to the III. Revised Total Burden Estimates application preparation and submittal ICR would include these adjustments to The burden estimates resulting from and permit issuance that will be the burden estimates. these proposed changes would be occurring during the proposed new 3- One provision in the second White slightly above 8 million burden hours year period that would be covered by Paper (i.e., streamlining) would allow both for sources and for permitting the ICR. Three years from now, after sources to comply with the more authorities over the proposed 3-year expiration of this proposed ICR covering stringent standard for an emissions unit period covered by the ICR. Annualized years 6, 7, and 8, all permits will have and demonstrate that compliance with burden would be just under 3 million been issued, the program will be more this standard would provide for burden hours per year for each. Total homogeneous, and all subsequent ICR assuring compliance with less stringent burden for both together would be renewals will be approximately on track requirements on that emissions unit. approximately 16.5 total burden hours with the title V timeframe. This would allow burden savings with over 3 years, and the annualized burden respect to monitoring and reporting for hours would be approximately 5.5 B. Source Mix these less stringent requirements in that million. The source population in the original only the more stringent standard would The Agency notes that more sources ICR and the draft ICR proposed August be monitored. However, preparing the are taking limits to make themselves 1995 is 34,324 sources. At this stage of demonstration that the more stringent nonmajor and therefore not subject to implementation of the operating permits standard would provide for compliance the program. When final proposed program by most agencies, better with other less stringent standards changes are made to the ICR prior to its estimates of the number of sources would require an approximate average submittal to OMB, the updated numbers subject to the program are available. The of 60 burden hours per source. This of sources will be used in the current estimate by permitting burden is proposed to be added to the calculations of burden. Also, at that authorities is a source population of draft ICR for the estimated 15 percent of time, a better estimate of the number of 25,547 sources. The changes proposed sources that would utilize this sources intending to use the today include this new source mix of streamlining approach. The total streamlining provisions of the Agency’s Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30063 second White Paper will be available extensive public review and comment, SUMMARY: EPA is soliciting grant and used. the BECC Board of Directors adopted the proposals under the Environmental Dated: June 6, 1996. BECC Guidelines for Project Submission Justice Through Pollution Prevention Robert G. Kellam, and Criteria for Project Certification (EJP2) grant program. EPA anticipates document (Criteria document) at its that between $750,000 and $1.5 million Acting Director, Information Transfer and Program Integration Division. Regular Public Meeting, August 31, will be available. The purpose of this 1995 in El Paso, TX. The Criteria program is to support pollution [FR Doc. 96–15035 Filed 6–12–96; 8:45 am] document provides guidelines for prevention approaches that address BILLING CODE 6560±50±P submission of projects using a two step environmental justice concerns. The process and indicates the eight grant funds will support national or [FRL±5520±6] fundamental areas of criteria for project regional environmental or certification, including: (1) General environmental justice organizations that Request for Public Comment on the project description, (2) environment and will provide financial or technical Border Environment Cooperation human health, (3) technical feasibility, assistance to community-based, grass- Commission (BECC) Guidelines for (4) economic and financial feasibility, roots groups, or Tribal organizations for Project Submission and Criteria for (5) social issues, (6) community projects that use pollution prevention Project Certification Document participation, (7) operations and approaches to address environmental AGENCY: Border Environment maintenance, and (8) sustainable justice concerns. Cooperation Commission. development. At the August 31, 1995 DATES: Applications must be ACTION: Notice of availability and BECC Public Meeting, the Board of postmarked by July 31, 1996, and request for public comment. Directors decided to provide the public received by EPA’s Pollution Prevention another opportunity to review and Division office in Washington, DC by SUMMARY: This notice announces the comment on the Criteria document after August 5, 1996. availability of the BECC Guidelines for one year of application. FOR FURTHER INFORMATION CONTACT: To Project Submission and Criteria for The BECC encourages public obtain copies of the EJP2 grant program Project Certification document for comments to be annotated directly on guidance and application package, or to public review and comment. the Criteria document. The document obtain more information regarding the DATES: Written comments must be may be found on the BECC Home Page EJP2 grant program, please contact Chen submitted to the BECC on or before July at http://cocef.interjuarez.com and may Wen at (202) 260-4109, or Pamela 10, 1996. Oral comments may be be requested on computer diskette, via Moseley at (202) 260-2722. You may received on July 18, 1996 at the BECC Email, or through the mail. also forward your requests and Board of Directors Public Meeting in The BECC is particularly interested in questions via the Internet, by writing to: San Diego, California. receiving comments in the areas of [email protected]. small community assistance and ADDRESSES: To mail comments, receive SUPPLEMENTARY INFORMATION: a copy of the document, or for further sustainable development. Public information contact: comments may be submitted to the I. Scope and Purpose of the EJP2 Grant Ms. April Lander, MEM, Program BECC in writing on or before July 10, Program Manager—Environment, Border 1996. Oral comments may be received at The purpose of the FY 1996 EJP2 Environment Cooperation the July 18, 1996 BECC Board of grants program is to fund national or Commission, P.O. Box 221648, El Directors Public Meeting in San Diego, regional environmental organizations Paso, TX 79913, Telephone: 011–52 California. The Criteria document will that will in turn support community (16) 29–23–95, Fax: 011–52 (16) 29– be revised following a review and organizations in using pollution 23–97, Email: synthesis of the written and oral prevention solutions to address the [email protected] comments made by the public. It is environmental problems of minority H. Roger Frauenfelder, General anticipated that a final draft document and low-income communities and Manager, Border Environment will be available for public review in tribes. This grant program is designed to Cooperation Commission, P.O. Box August. Furthermore, it is expected that fund projects which have a direct 221648, El Paso, TX 79913. the BECC Board of Directors will impact on affected communities. This consider the final document for SUPPLEMENTARY INFORMATION: The approach complements last year’s Border Environment Cooperation approval at its fall public meeting Environmental Justice Through Commission (BECC) is a binational scheduled for October 24, 1996. Pollution Prevention grant program, organization, created through an Dated: June 4, 1996. where grants were provided directly to agreement between the United States H. Roger Frauenfelder, grass-roots and community and Mexican governments via an General Manager. organizations. Funds awarded must be environmental side agreement to [FR Doc. 96–15038 Filed 6–12–96; 8:45 am] used to support pollution prevention NAFTA. The BECC assists communities BILLING CODE 6560±50±P programs in minority and low-income and other sponsors in coordinating and communities or Tribal lands. implementing environmental EPA is particularly interested in infrastructure projects to help resolve [OPPTS±00189; FRL±5375±7] innovative approaches which will result environmental and human health issues in activities and products that can be Notice of Availability of FY 1996 on both sides of the U.S./Mexican applied to other communities. The Multimedia Environmental Justice border. Projects certified by the BECC Agency strongly encourages cooperative Through Pollution Prevention Grant may be considered for North American efforts between communities, business Funds Development Bank (NADBank) and industry to address common financing and/or other sources of AGENCY: Environmental Protection pollution prevention goals. Projects financing. Agency (EPA). funded under this grant may involve Prior to certifying environment public education, training, ACTION: Notice of availability. infrastructure projects, and with demonstrations, research, 30064 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices investigations, experiments, surveys, the Green Lights program or the Waste Dated: June 6, 1996. studies, public-private partnerships, or Wise program) which promote resource William H. Sanders III, approaches to develop, evaluate, and efficiency, or EPA; industry sector Director, Office of Pollution, Prevention, and demonstrate non-regulatory strategies projects such as the Common Sense Toxics. Initiative. and technologies. [FR Doc. 96–15042 Filed 6–12–96; 8:45 am] • Provide funding, assistance, or II. Definitions of Environmental Justice technical support to organizations that BILLING CODE 6560±50±F and Pollution Prevention will conduct research, demonstrations, Environmental justice is defined by or public educational training activities EPA as the fair treatment of people of all to institutionalize sustainable [FRL±5519±5] races, cultures, and incomes with agricultural practices including respect to the development, integrated pest management techniques National Advisory Council for implementation, and enforcement of to reduce use of pesticides. Environmental Policy and Technology; environmental laws, regulations, • Provide funding, assistance, or Reinvention Criteria Committee; Public programs, and policies. Fair treatment technical support to organizations that Meeting will establish demonstration projects to means that no racial, ethnic or socio- AGENCY: provide financial assistance through Environmental Protection economic group should bear a Agency (EPA). disproportionate share of the negative establishment of revolving loan funds to environmental consequences resulting assist small businesses in obtaining ACTION: Notice of public meeting. from the operation of industrial, loans for pollution prevention-oriented SUMMARY: municipal, and commercial enterprises activities. Under the Federal Advisory • and from the execution of federal, state, Provide funding, assistance, or Committee Act, PL 92–463, EPA gives local, and tribal programs and policies. technical support to organizations that notice of a two-day meeting of the The Pollution Prevention Act of 1990 will be working with the business National Advisory Council for establishes a hierarchy of environmental community in a collaborative fashion to Environmental Policy and Technology management practices. In order of address community environmental (NACEPT) Reinvention Criteria preferences, these practices include: justice issues. Committee (RCC). NACEPT provides • advice and recommendations to the Pollution prevention IV. Eligibility • Recycling Administrator of EPA on a broad range • Treatment Eligible applicants include currently of environmental policy issues. The • Disposal incorporated organizations that are not RCC has been asked to identify criteria Pollution prevention means source intended to be profit-making the Agency can use to measure the reduction; that is, any practice that organizations, including any Federally- progress and success of specific reduces or eliminates any pollutant at recognized Tribal organizations. reinvention projects and its overall the source prior to recycling, treatment, Organizations must be incorporated by reinvention efforts; and to identify or disposal. Pollution prevention also July 31, 1996, in order to receive funds. criteria to promote opportunities for includes practices that reduce or Governments other than Tribal entities self-certification, similar to the concept eliminate the creation of pollutants are not eligible to receive funding under used for pesticide registration. This through: this program. Private businesses and meeting is being held to provide the Increased efficiency in the use of raw individuals are not eligible. EPA with perspectives from materials, energy, water, or other Organizations excluded from applying representatives of state and local resources; and directly are encouraged to work with government, academia, industry, and Protection of natural resources by eligible applicants in developing NGOs. proposals that will include them as conservation. DATES: The two-day public meeting will This grant program is focused on participants in the projects. For this be held on Wednesday, July 24, 1996, using the top of the hierarchy--pollution funding cycle, EPA especially from 9 a.m. to 5 p.m. and on Thursday, prevention--to bring about better encourages organizations that are not July 25, 1996 from 9 a.m. to 3 p.m. environmental protection. experienced in grant writing to seek out partnerships with national or regional- ADDRESSES: The meeting will be held at III. Possible Approaches based organizations. the Dupont Plaza Hotel, 1500 New Below are brief summaries of sample No applicant can have two grants for Hampshire Avenue, NW., Washington, projects which meet the definitions of the same project at one time. EPA will DC 20036. pollution prevention and environmental consider only one proposal for a given Materials, or written comments, may justice. These may help guide project. Applicants may submit more be transmitted to the Committee through applicants as they develop their than one application as long as the Gwendolyn Whitt, Designated Federal proposals. applications are for separate and Official, NACEPT/RCC, U.S. EPA, Office • Provide funding, assistance, or distinct projects. However, no of Cooperative Environmental technical support to organizations that organization will receive more than one Management (1601–F), 401 M Street, will assist minority and low-income grant per year under the EJP2 grant SW., Washington, DC 20460. communities and Tribal organizations program. Organizations seeking funds FOR FURTHER INFORMATION CONTACT: in obtaining environmental information from the EJP2 grants can request up to Gwendolyn Whitt, Designated Federal or designing and implementing training $250,000. EPA anticipates most grants Official for the Reinvention Criteria programs for such communities to will be awarded in the $100,000 and Committee at 202–260–9484. promote pollution prevention $200,000 range. All grants are subject to initiatives. a 5% matching requirement. All Dated: May 30, 1996. • Provide funding, assistance, or grantees are required to contribute at Gwendolyn C.L. Whitt, technical support to organizations that least 5% of the total project cost, either Designated Federal Official. will conduct demonstration programs in through in-kind or monetary [FR Doc. 96–15036 Filed 6–12–96; 8:45 am] concert with voluntary programs (e.g., contributions. BILLING CODE 6560±50±M Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30065

[FRL±5515±6] MSWLF permit program is adequate to EPA Regions will determine whether ensure compliance with the revised a State/Tribe has submitted an Utah; Final Determination of Adequacy MSWLF Criteria. After review of all ‘‘adequate’’ program based on the of State/Tribal Municipal Solid Waste comments received, EPA is today interpretation outlined above. EPA Permit Program issuing a final determination that Utah’s plans to provide more specific criteria program is adequate. for this evaluation in the proposed AGENCY: Environmental Protection State/Tribal Implementation Rule Agency (Region VIII). EFFECTIVE DATE: The determination of (STIR). EPA expects States/Tribes to adequacy for Utah shall be effective May ACTION: Notice of final determination of meet all of these requirements for all full program adequacy for Utah’s 29, 1996. elements of an MSWLF program before application. FOR FURTHER INFORMATION CONTACT: it gives full approval to an MSWLF Linda Walters, Pollution Prevention program. SUMMARY: Section 4005(c)(1)(B) of the On September 27, 1993, the EPA Program (8P2–P2), US EPA Region VIII, Resource Conservation and Recovery Administrator signed the final rule 999 18th Street, Suite 500, Denver, Act (RCRA), as amended by the extending the effective date of the Colorado 80202–2466, phone 303/312– Hazardous and Solid Waste landfill criteria for certain 6385. Amendments (HSWA) of 1984, requires classifications of landfills (proposed States to develop and implement permit rule 58 Federal Register 40568, July 28, SUPPLEMENTARY INFORMATION: programs to ensure that municipal solid 1993). Thus, for certain small landfills waste landfills (MSWLFs) which may A. Background that fit the small landfill exemption as receive hazardous household waste or defined in 40 CFR Part 258.1(f), the conditionally exempt small quantity On October 9, 1991, EPA promulgated Federal Criteria were effective on generator waste will comply with the October 9, 1995, rather than on October revised Federal MSWLF Criteria (40 revised Criteria for MSWLFs (40 CFR Part 258). Subtitle D of RCRA, as 9, 1993. The final ruling on the effective CFR Part 258). RCRA Section date extension was published in the 4005(c)(1)(C) requires the amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA), Federal Register October 1, 1993. Environmental Protection Agency (EPA) On August 10, 1995, the EPA to determine whether States have requires States to develop permitting programs to ensure that facilities published a proposed rule to solicit adequate ‘‘permit’’ programs for comments on a two-year delay, until MSWLFs, but does not mandate comply with the Federal Criteria under Part 258. Subtitle D also requires in October 9, 1997, of the general issuance of a rule for such compliance date of the MSWLF criteria determinations. On January 26, 1996, Section 4005 that EPA determine the adequacy of State municipal solid waste for qualifying small MSWLFs. This will EPA proposed a State/Tribal allow EPA time to finalize the proposed Implementation Rule (STIR) (40 CFR landfill permit programs to ensure that facilities comply with the revised alternatives. The final ruling on the Parts 239 and 258) that will provide delay of the compliance date was procedures by which EPA will approve, Federal Criteria. To fulfill this requirement, the Agency has proposed a published in the Federal Register on or partially approve, State/Tribal October 6, 1995. landfill permit programs. The Agency State/Tribal Implementation Rule (STIR)(40 CFR Parts 239 and 258, intends to approve adequate State/ B. State of Utah Tribal MSWLF permit programs as January 26, 1996). The rule will specify applications are submitted. Thus, these the requirements which State/Tribal On July 20, 1993, Utah submitted an approvals are not dependent on final programs must satisfy to be determined application for adequacy determination promulgation of the STIR. Prior to adequate. for the State’s MSWLF permit program. promulgation of the STIR, adequacy EPA intends to approve State/Tribal On October 8, 1993, EPA published a determinations will be made based on MSWLF permit programs prior to the final determination of partial program the statutory authorities and final promulgation of STIR. EPA adequacy for Utah’s program. Further requirements. In addition, States/Tribes interprets the requirements for States or background on the final determination may use the draft STIR as an aid in Tribes to develop ‘‘adequate’’ programs of partial program adequacy appears in interpreting these requirements. The for permits or other forms of prior 58 Federal Register 52489 (October 8, Agency believes that early approvals approval to impose several minimum 1993). In that action, EPA approved all have an important benefit. Approved requirements. First, each State/Tribe portions of the State’s MSWLF permit State/Tribal permit programs provide must have enforceable standards for program except Utah’s regulations interaction between the State/Tribe and new and existing MSWLFs that are incorporating the Federal financial the owner/operator regarding site- technically comparable to EPA’s revised assurance requirements in 40 CFR Part specific permit conditions. Only those MSWLF criteria. Next, the State/Tribe 258, Subpart G. owners/operators located in States/ must have the authority to issue a On November 28, 1994, the State of Tribes with approved permit programs permit or other notice of prior approval Utah submitted a revised application can use the site-specific flexibility to all new and existing MSWLFs in its package for full program adequacy. EPA provided by Part 258 to the extent the jurisdiction. The State/Tribe also must reviewed Utah’s application and State/Tribal permit program allows such provide for public participation in tentatively determined that the State’s flexibility. EPA notes that regardless of permit issuance and enforcement as Subtitle D program will ensure the approval status of a State/Tribe and required in Section 7004(b) of RCRA. compliance with the Federal financial the permit status of any facility, the Finally, EPA believes that the State/ assurance requirements in 40 CFR Federal Criteria will apply to all Tribe must show that it has sufficient 258.70 through 258.74. permitted and unpermitted MSWLFs. compliance monitoring and During its November 9, 1995 meeting, Utah applied for a determination of enforcement authorities to take specific the Utah Solid and Hazardous Waste adequacy under Section 4005 of RCRA. action against any owner or operator Control Board adopted proposed EPA reviewed Utah’s application and that fails to comply with an approved changes in the Utah Solid Waste proposed a determination that Utah’s MSWLF program. Permitting and Management Rules 30066 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

R315–309, Financial Assurance, as other criteria which assure compliance would approve the State’s program for required by 40 CFR Part 258, Subpart G. with 40 CFR Part 258. any portion of Indian Country, EPA EPA has reviewed Utah’s application In addition, members of the public would have to be satisfied that the State and has determined that all portions of have an opportunity to comment on the has authority, either pursuant to explicit the State’s MSWLF permit program will criteria by which EPA assures the Congressional authorization or ensure compliance with the revised adequacy of State/Tribal MSWLF permit applicable principles of Federal Indian Federal Criteria. In its application, Utah programs because the Agency discusses law, to enforce its laws against existing demonstrated that the State’s permit the criteria for approval of a permit and potential pollution sources within program adequately meets the location program when it publishes each any geographical area for which it seeks restrictions, operating criteria, design tentative determination notice in the program approval and that such criteria, groundwater monitoring and Federal Register. In the tentative approval would constitute sound corrective action requirements, closure determination notice for the State of administrative practice. and post-closure care requirements, and Utah’s permit program, the Agency set Section 4005(a) of RCRA provides that financial assurance criteria in the forth for public comment the revised Federal Criteria. In addition, the requirements for an adequate permit citizens may use the citizen suit State of Utah also demonstrated that its program (58 FR 42965–42967, August provisions of Section 7002 of RCRA to MSWLF permit program contains 12, 1993). enforce the Federal MSWLF criteria in specific provisions for public 40 CFR Part 258 independent of any participation, compliance monitoring, D. Decision State/Tribal enforcement program. As and enforcement. After reviewing the public comments, EPA explained in the preamble to the final MSWLF criteria, EPA expects that C. Public Comment I conclude that Utah’s application for adequacy determination meets all of the any owner or operator complying with The EPA received three public statutory and regulatory requirements provisions in a State/Tribal program comments on the tentative established by RCRA. Accordingly, Utah approved by EPA should be considered determination of adequacy for Utah’s is granted a determination of adequacy to be in compliance with the Federal MSWLF permit program. for all portions of its MSWLF permit Criteria. See 56 Federal Register 50978, The State of Utah, in two comments, program. 50995 (October 9, 1991). requested that EPA re-evaluate language This approval does not extend to in the tentative determination regarding This action takes effect on May 29, ‘‘Indian Country’’, as defined in 18 jurisdiction over ‘‘Indian Country’’, 1996. EPA believes it has good cause U.S.C. Section 1511, including lands especially the use of the term ‘‘former under Section 553(d) of the within the exterior boundaries of the Indian reservation lands’’. The Administrative Procedure Act, 5 U.S.C following Indian reservations located commentors requested that EPA 553(d), to put this action into effect less within or abutting the State of Utah: approve the State’s MSWLF permit than 30 days after publication in the program within the State of Utah except 1. Gosute Indian Reservation Federal Register. All of the for Indian lands. EPA has revised this 2. Navajo Indian Reservation requirements and obligations in the language in the section below entitled 3. Northwestern Band of the Shoshone State’s/Tribe’s program are already in ‘‘Decision’’. Nation of Utah (Washakie) Indian effect as a matter of State/Tribal law. In its application for adequacy Reservation EPA’s action today does not impose any determination, Utah has not asserted 4. Paiute Indian Tribe of Utah Indian new requirements with which the jurisdiction over ‘‘Indian Country’’ as Reservation regulated community must begin to defined in 18 U.S.C. Section 1511. Until 5. Skull Valley Band of Goshute Indians comply. Nor do these requirements EPA approves a State or Tribal MSWLF of Utah Indian Reservation become enforceable by EPA as Federal permitting program, the requirements of 6. Uintah and Ouray Indian Reservation law. Consequently, EPA finds that it 40 CFR Part 258 in Utah for any part of 7. Ute Mountain Indian Reservation does not need to give notice prior to ‘‘Indian Country’’ will automatically EPA is cognizant that the State of making its approval effective. apply to that area. Thereafter, the Utah and the United States Government Compliance With Executive Order requirements of 40 CFR Part 258 will differ as to the exact geographical extent 12866 apply to all owners/operators of of Indian Country within the Uintah and MSWLFs located in any part of ‘‘Indian Ouray Indian Reservation and are The Office of Management and Budget Country’’ that is not covered by an currently litigating this question in has exempted this notice from the approved State or Tribal MSWLF Federal Court. Until that litigation is requirements of Section 6 of Executive permitting program. For further completed and this question is resolved, Order 12866. information regarding this issue, see the EPA will enter into discussions with the ‘‘Decision’’ section. Ute Indian Tribe of the Uintah and Certification Under the Regulatory One commentor maintained that use Ouray Indian Reservation and the State Flexibility Act of the proposed STIR as guidance is a of Utah to determine the best interim violation of the Administrative approach to managing this program in Pursuant to the provisions of 5 U.S.C. Procedure Act (APA) requirements that the disputed area. EPA will notify the 605(b), I hereby certify that this a rule must go through notice and public of the outcome of these approval will not have a significant opportunity for comment. EPA does not discussions. In excluding Indian economic impact on a substantial believe that it is violating requirements Country from the scope of this approval, number of small entities. It does not of the APA. The Agency is not utilizing EPA is not making a determination that impose any new burdens on small the proposed STIR as a regulation which the State either has adequate entities. This notice, therefore, does not binds either the Agency or the States/ jurisdiction or lacks jurisdiction over require a regulatory flexibility analysis. Tribes. Instead, EPA is using the sources in Indian Country. Should the Authority: This notice is issued under the proposed STIR as guidance for State of Utah choose to seek program authority of Sections 2002, 4005 and 4010 of evaluating State/Tribal permit programs approval within Indian Country, it may the Solid Waste Disposal Act, as amended; 42 utilizing the proposed STIR and/or do so without prejudice. Before EPA U.S.C. 6912, 6945, 6949(a). Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30067

Dated: May 16, 1996. strongly recommended that you time allowed by this notice, you should Max Dodson, telephone Ms. Mila Bensing at (312) advise the contact listed below as soon Acting Regional Administrator. 353–2006 before visiting the Region 5 as possible. [FR Doc. 96–15031 Filed 6–12–96; 8:45 am] Office. U.S. Environmental Protection ADDRESS: Direct all comments to BILLING CODE 6560±50±P Agency, Region 5, Superfund Division, Dorothy Conway, Federal Emergency Response Branch, 77 West Communications, Room 234, 1919 M Jackson Boulevard, Chicago, Illinois St., NW., Washington, DC 20554 or via [FRL±5520±8] 60604–3590. internet to [email protected]. Authority: The Comprehensive FOR FURTHER INFORMATION CONTACT: For Settlement Under Section 122(h) of the Environmental Response, Compensation, and additional information or copies of the Liability Act of 1980, as amended, 42 U.S.C. Comprehensive Environmental information collections contact Dorothy Response, Compensation and Liability 9601 et seq. William E. Muno, Conway at 202–418–0217 or via internet Act; In the Matter of Waukegan Paint at [email protected]. and Lacquer Company, Inc., Director, Superfund Division. Waukegan, IL [FR Doc. 96–15037 Filed 6–12–96; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 6560±50±P OMB Approval Number: 3060–0398. AGENCY: Environmental Protection Title: Equipment Authorization Agency. Measurement Standards; Sections 2.948, ACTION: Settlement of CERCLA Section FEDERAL COMMUNICATIONS 15.117(G)(2). 107 Cost Recovery Matter. COMMISSION Form No.: None. Type of Review: Revision of existing SUMMARY: EPA is proposing to settle a Notice of Public Information collection. cost recovery claim with certain Collections being Reviewed by the Respondents: Businesses/For Profit potentially responsible parties (PRPs) Federal Communications Commission; Institutions. with regard to past costs at the Comments Requested Number of Respondents: 320. Waukegan Paint and Lacquer Company, June 3, 1996. Estimated Time Per Response: Inc. Site in Waukegan, Illinois. EPA is 28.4375 authorized under Section 122(h) of the SUMMARY: The Federal Communications, as part of its continuing effort to reduce Total Annual Burden: 9,100 hours Comprehensive Environmental Needs and Uses: The information Response, Compensation and Liability paperwork burden invites the general public and other Federal agencies to gathered is used by the Commission to Act of 1980, as amended (‘‘CERCLA’’) to ensure that data accompanying all enter into this administrative take this opportunity to comment on the following proposed and/or continuing requests for equipment authorization are settlement. valid, and that proper testing Response costs totalling $165,118 information collections, as required by the Paperwork Reduction Act of 1995, procedures are used. Testing ensures were incurred by EPA in connection that potential interference to radio with an emergency removal action at the Public Law 104–13. An agency may not conduct or sponsor a collection of communications is controlled, and if Waukegan Paint and Lacquer Site. On necessary, the data gathered may be February 23, 1995, U.S. EPA sent the information unless it displays a currently valid control number. No used for investigating complaints of PRPs a demand for reimbursement of harmful interference, or for verifying the the Agency’s past costs. The Settling person shall be subject to any penalty for failing to comply with a collection manufacturer’s compliance with the Parties have agreed to pay $94,000 to Commission’s Rules. This revision settle EPA’s claim for reimbursement of of information subject to the Paperwork Reduction Act (PRA) that does not eliminates the necessity for response costs related to the Site. EPA manufacturer’s to file UHF noise figure is proposing to approve this display a valid control number. Comments are requested concerning (a) data documenting the performance of administrative settlement because it TV receivers tested and marketed in the reimburses EPA, in part, for costs whether the proposed collection of information is necessary for the proper U.S. The requirement was eliminated incurred during its response activities at from the rules by the adoption of the this Site. performance of the functions of the Commission, including whether the Report and Order in ET Docket No. 95– DATES: Comments on this administrative information shall have practical utility; 144. settlement must be received by no later (b) the accuracy of the Commissions Federal Communications Commission. than July 15, 1996. burden estimates; (c) ways to enhance William F. Caton, ADDRESSES: Written comments relating the quality, utility, and clarity of the Acting Secretary. to this settlement, Docket Number V– information collected and (d) ways to W–96–C–325, should be sent to Cynthia minimize the burden of the collection of [FR Doc. 96–14959 Filed 6–12–96; 8:45 am] N. Kawakami, Associate Regional information on the respondents, BILLING CODE 6712±01±F Counsel, U.S. Environmental Protection including the use of automated Agency, Region 5, Mail Code: CM–29A, collection techniques or other forms of Renewal Application Designated for 77 West Jackson Boulevard, Chicago, information technology. Hearing Illinois 60604–3590. DATES: Written comments should be ADDITIONAL INFORMATION: Copies of the submitted on or before August 12, 1996. 1. The Assistant Chief, Audio Services Agreement and the Administrative If you anticipate that you will be Division, has before him the following Record for this Site are available at the submitting comments, but find it application for renewal of broadcast following address for review. It is difficult to do so within the period of license: 30068 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

MM docket Licensee City/State File No. No.

Family Broadcasting, Inc...... Christiansted, Virgin Isalnds ...... BRH±951204YE 96±123

(Seeking renewal of the license for the OMB control numbers and Commission rules and that the WSTX(FM)). expiration dates should be directed to operation of the equipment is consistent 2. Pursuant to Section 309(e) of the Dorothy Conway, Federal with the initially documented test Communications Act of 1934, as Communications Commission, (202) results. amended, the above application has 418–0217. OMB Control No.: 3060–0436. been designated for hearing in a Federal Communications Commission Expiration Date: 5/31/99. proceeding upon the following issues: Title: Equipment Authorization, (a) To determine whether Family OMB Control No.: 3060–0696. Cordless Telephone Security Coding. Broadcasting, Inc. has the capability and Expiration Date: 4/30/99. Form: N/A. intent to expeditiously resume the Title: Physically Handicapped Special Estimated Annual Burden: 200 total broadcast operations of WSTX(FM), Showing. annual hours; average 1 hour per consistent with the Commission’s Rules. Form No.: N/A. respondent; 200 respondents. (b) To determine whether Family Estimated Annual Burden: 1 annual Description: Cordless telephone Broadcasting, Inc. has violated Sections hour; average 5 minutes per respondent; security features protect the public 73.1740 and/or 73.1750 of the 20 respondents. switched telephone network from Commission’s Rules. Description: Section 90.38(b) provides unintentional line seizure and (c) To determine, in light of the that persons claiming eligibility in the telephone dialing. These features evidence adduced pursuant to the Special Emergency Radio Service on the prevent unauthorized access to the foregoing issues, whether grant of the basis of being physically handicapped telephone line, the dialing of calls in subject renewal of license application must present a physician’s statement response to signals other than those would service the public interest, indicating that they are handicapped. from the owner’s handset and the convenience and necessity. Submissions of this information are unintentional ringing of a cordless A copy of the complete HDO in this necessary to ensure that frequencies are proceeding is available for inspection telephone handset. Use of the cordless reserved for licensing to handicapped telephone security features reduces the and copying during normal business individuals. Commission personnel use hours in the dockets section of the FCC harm caused by some cordless the data to determine applicant telephones to the ‘‘911’’ Emergency Reference Center (Room 239), 1919 M eligibility. Street, NW, Washington, DC. The Service Telephone System and the complete text may also be purchased OMB Control No.: 3060–0020. telephone network in general. from the Commission’s duplicating Expiration Date: 5/31/99. OMB Control No.: 3060–0223. contractor, International Transcription Title: Application for Ground Station Expiration Date: 5/31/99. Service, 2100 M Street, NW, Suite 140, Authorization in the Aviation Services. Title: Supplemental Information Washington, D.C. 20037 (telephone Form No.: 406. Routinely Submitted with Applications, 202–857–3800). Estimated Annual Burden: 1,600 total Non-Type Accepted Equipment - annual hours; average 1 hour per Section 90.129(b). Federal Communications Commission. respondent; 1,600 respondents. Form: N/A. Stuart B. Bedell, Description: FCC rules require Estimated Annual Burden: 50 total Assistant Chief, Audio Services Division, collecting this information for new, annual hours; average 30 minutes per Mass Media Bureau. modified or renewal Aviation Ground respondent; 100 respondents. [FR Doc. 96–14960 Filed 6–12–96; 8:45 am] Radio Station Authorizations. Data is Description: Section 90.129(b) BILLING CODE 6712±01±M used to update the existing database and requires applicants using non type- make efficient use of the frequency accepted equipment to provide a spectrum. Data is also used by the description of the equipment. The Public Information Collection Commission for enforcement and information is used to evaluate the Approved by Office of Management interference resolution. interference potential of the proposed and Budget OMB Control No.: 3060–0329. operation. June 4, 1996. Expiration Date: 4/30/99. OMB Control No.: 3060–0537. The Federal Communications Title: Equipment Authorization/ Expiration Date: 5/31/99. Commission (FCC) has received Office Verification—Section 2.955 Title: Section 13.217 Records. of Management and Budget (OMB) Form No.: N/A. Form: N/A. approval for the following public Estimated Annual Burden: 101,790 Estimated Annual Burden: 15 total information collection pursuant to the total annual hours; average 18 hours per annual hours; average 1 hour per Paperwork Reduction Act of 1995, Pub. respondent; 5,655 respondents. respondent; 15 respondents. L. 96–511. An agency may not conduct Description: The Commission rules Description: The recordkeeping or sponsor a collection of information require verification of compliance to requirement in section 13.217 is needed unless it displays a currently valid established technical standards for to assure that expenses and revenues control number. Not withstanding any certain Part 15 and 18 devices. collected by examination managers other provisions of law, no person shall Technical data is gathered and retained administering the commercial operators be subject to any penalty for failing to by the equipment manufactures in order examinations are available if needed. If comply with a collection of information to verify compliance with these the information were not collected, it is subject to the Paperwork Reduction Act regulations. The information may be conceivable that fraud and abuse could (PRA) that does not display a valid used to determine that the equipment occur in the commercial radio control number. Questions concerning marketed complies with the applicable examination program. Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30069

OMB Control No.: 3060–0290. OMB Control No.: 3060–0446. Estimated Annual Burden: 17,254 Expiration Date: 5/31/99. Expiration Date: 9/30/98. total annual hours; average .5 - 5 hours Title: Report of Operation Section Title: Pioneer’s Preference - Section per respondent; 12,195 respondents. 90.517. 1.402. Description: The FCC requires certain Form: N/A. Form: N/A. information from licensees in order to Estimated Annual Burden: 200 total Estimated Annual Burden: 1,120 total determine whether they should be annual hours; average 2 hours per annual hours; average 500 hours per granted or in the case of 800 MHz respondent; 100 respondents. respondent to submit new applications, Specialized Mobile radio licensees Description: Section 90.517 requires 10 hours per respondent to amend retain authority for additional time to developmental authorizations licensees existing applications; 14 respondents. construct their radio facilities; it also to file a report indicating the usefulness Description: The information will be requires information to determine how of such developmental operations when used to evaluation existing pioneer’s licensees’ radio facilities have been requesting renewal or termination of preference request in proceedings in modified; it also requires a developmental operations. which tentative decisions have not been demonstration that licensees have OMB Control No.: 3060–0692. made, as well as any new pioneer’s provided notification of intent to relate Expiration Date: 4/30/99. preference requests that may be certain incumbent licensees; it requires Title: Disposition of Cable Home received. The collection requires that an information about prospective licensees Wiring—Section 76.802 applicant submit a statement that a new in order to determine whether such Form: N/A. allocation of spectrum is necessary for licensees are entitled to special Estimated Annual Burden: 18,039 its innovation to be implemented. provisions as small businesses. total annual hours; average 5 minutes Further, if the applicant relied on OMB Control No.: 3060–0243. per respondent; 183,000 responses. experimental results to demonstrate the Expiration Date: 5/31/99. Description: This information technical feasibility of its innovation, it Title: Section 74.551 Equipment disclosure requirement ensures that must submit a summary of those results. Changes. consumers are informed of their cable OMB Control No.: 3060–0434. Form: N/A. home wiring purchase rights upon Expiration Date: 5/31/99. Estimated Annual Burden: 13 total termination of their cable services, Title: Stolen Vehicle Recovery System annual hours; average .5–1 hour per including information regarding the Requirements—Section 90.19. respondent; 25 respondents. purchase of their home wiring in a Form: N/A. Description: Section 74.551(b) single contact, and the use of wiring to Estimated Annual Burden: 80 total requires licensees of aural broadcast connect to an alternative video annual hours; average 1 hour per studio transmitter link (STL) or intercity programming service. respondent; 80 respondents. relay stations to notify the Commission in writing of minor equipment changes OMB Control No.: 3060–0402. Description: Section 90.517 requires upon completion of such changes. Data Expiration Date: 5/31/97. that applicants for stolen vehicle is used by FCC staff to ensure that Title: Application for a new or recovery systems perform an analysis changes comply with the FCC rules and Modified Microwave Radio Station for each base station to ensure that the regulations. License Under Part 21. system does not cause interference to Form: FCC 494. TV channel 7. OMB Control No.: 3060–0532. Expiration Date: 5/31/99. Estimated Annual Burden: 19,400 OMB Control No.: 3060–0280. Title: Scanning Receiving Compliance total annual hours; average 2 hours per Expiration Date: 5/31/99. Exhibit—Sections 2.975(a)(8) and respondent; 9,700 respondents. Title: Conventional Systems Loading Description: The FCC 494 is used by 2.1033(b)(12). Requirements, Wide Area Systems— Form: N/A. telecommunications entities to apply for Section 90.633 (f)(g). Estimated Annual Burden: 40 total facility licenses in the services governed Form: N/A. annual hours; average 1 hour per by 47 CFR Part 21. The data is used to Estimated Annual Burden: 10 total respondent; 40 respondents. determine whether the applicant is annual hours; average .5–1 hour per Description: An exhibit qualified legally, technically and respondent; 15 respondents. accompanying an FCC Form 731, financially to be licensed to use Description: The 800 and 900 MHz Application for Equipment microwave radio frequencies. radio systems are normally licensed to Authorization, determines the OMB Control No.: 3060–0398. cover a confined area of operation. compliance with Congressionally Expiration Date: 4/30/99. However, these sections allow mandated regulations of applicants Title: Equipment Authorization applicants who need specially requesting authorization to market Measurement Standards—Sections configured wide area or ribbon systems scanning receivers and frequency 2.948, 15.117(g)(2), 15.117(g)(3) to request authorization for such converters. The regulations prohibit the Form: N/A. systems upon showing of need. The marketing of radio scanners capable of Estimated Annual Burden: 9,350 total information is used by FCC licensing intercepting, or being modified to annual hours; average 27.5 hours per personnel to determine if such systems intercept cellular telephone respondent; 420 respondents. should be authorized. conversations. Description: Compliance testing of OMB Control No.: 3060–0307. OMB Control No.: 3060–0537. equipment is required prior to Expiration Date: 4/30/99. Expiration Date: 5/31/99. authorization for marketing. To ensure Title: Amendment to Part 90 of the Title: On-Site Verification of Field that data gathered is valid, verification Commission’s Rules to Facilitate Future Disturbance Sensors - Section 15.201(d). of certain measurement standards and Development of SMR Systems in the Form: N/A. practices, documentation of testing 800 MHz Frequency Band, First Report Estimated Annual Burden: 3,600 total procedures, and data collection and Order, Eighth Report and Order, annual hours; average 18 hours per employed by the equipment and Second Further Notice of Proposed respondent; 200 respondents. manufacturers or his representatives are Rulemaking Description: In order to monitor non- necessary. Form: N/A. licensed field disturbance sensors 30070 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices operating in the low VHF television Form: N/A. Service may use this form to acquire a bands, equipment testing is required at Estimated Annual Burden: 160 total temporary permit to operate their radio each installation. Data is retained by the annual hours; average .08 hours per station during processing of an holder of the equipment authorized respondent; 2,000 respondents. application for license grant. issued by the Commission and made Description: On February 8, 1996, the OMB Control No.: 3060–0139. available only at the request of the Commission adopted a NPRM that Expiration Date: 6/30/98. Commission. examines ways to establish a Title: Application for Antenna OMB Control No.: 3060–0245. comprehensive and consistent Structure Registration. Expiration Date: 5/31/99. regulatory scheme that simplifies and Form: FCC 854/854R. Title: Section 74.537 Temporary streamlines licensing procedures and Estimated Annual Burden: 21,500 Authorization. provides a flexible operating total annual hours; average 30 minutes Form: N/A. environment for both common carrier per respondent; 43,000 respondents. Estimated Annual Burden: 75 total and private paging service. The notice Description: Data is collected from annual hours; average 1–2 hours per imposed an interim across-the-board antenna structure owners for the respondent; 50 respondents. freeze on new paging applications. On purpose of registering antenna Description: Section 74.537 requires April 22, 1996 the Commission adopted structures with the Commission which licensees of aural broadcast studio the First Report and Order that modified may pose a hazard to air navigation and transmitter link (STL) or intercity relay the interim freeze imposed in the Notice require the assignment of painting and stations to file informal requests for to allow the incumbents in the paging lighting. special temporary authorizations for industry the flexibility needed to serve OMB Control No.: 3060–0386. operations of a temporary nature. FCC the public and upgrade to more Expiration Date: 5/31/99. staff uses the data to ensure that spectrally effective equipment. This Title: Special Temporary temporary operations will not cause Order allows incumbent common Authorization (STA)—Section 73.1635. interference to existing stations. carrier paging and private carrier paging Form: N/A. OMB Control No.: 3060–0572. licensees to expand their current paging Estimated Annual Burden: 4,740 total Expiration Date: 5/31/99. system by applying for additional annual hours; average 1 –4 hours per Title: Filing Manual for Annual transmission sites on the same channel respondent; 2,580 respondents. International Circuit Status Reports. within 65 kilometers from their existing Description: Section 73.1635 allows Form: N/A. operating transmission sites. This licensees/permittees of broadcast Estimated Annual Burden: 850 total modification of the interim rules is stations to file for special temporary annual hours; average 17 hours per limited to incumbent licensees. Paging authority to operate broadcast stations at respondent; 50 respondents. applicants must certify in writing that: specified variances from station Description: The information (1) the applicant is an incumbent paging authorizations not to exceed 180 days. compiled in the Annual Circuit Status licensee, and (2) the proposed site is OMB Control No.: 3060–0009. Report will be useful to current industry within 65 kilometers of an authorized Expiration Date: 5/31/99. members, potential new entrants into transmission site that was licensed to Title: Application for Consent to the international telecommunications the same applicant on the same channel Assignment of Broadcast Station industry and the Commission. The on or before February 8, 1996 and which Construction Permit or License or reports will also serve as a database for is operational as of the filing date of the Transfer of Control of Corporation determining and monitoring the application for the additional Holding Broadcast Station Construction payment of annual regulatory fees on transmitter site. Permit or License. active equivalent 64 Kb/s international Form: FCC 316. circuits. The information will also allow OMB Control No.: 3060–0444. Estimated Annual Burden: 2,990 total the Commission to continue to identify Expiration Date: 5/31/99. annual hours; average 1–3 hours per use of facilities as it streamlines its Title: 220 and 800 MHz Construction respondent; 1,575 respondents. facilities authorization procedures. Letter. Description: FCC 316 is required Form: FCC 800A. OMB Control No.: 3060–0105. when applying for authority for a Expiration Date: 2/28/99. Estimated Annual Burden: 11,500 voluntary/involuntary assignment of a Title: Licensee Qualifications Report. total annual hours; average 1 hour per broadcast license or construction permit Form: FCC 430. respondent; 11,500 respondents. or transfer of control of corporation Estimated Annual Burden: 3,800 total Description: FCC 800A is sent to holding broadcast license or annual hours; average 2 hours per licensees as a method of verifying if the construction permit. Data is used by respondent; 1,900 respondents. licensee has placed the station into FCC staff to determine if applicant Description: FCC 430 is submitted by operation in accordance with the meets basic statutory requirements. certain new applicants and by existing Commission’s Rules. These ensures OMB Control No.: 3060–0134. common carrier radio and satellite efficient use of the spectrum. Expiration Date: 5/31/99. licensees and permittees annually if OMB Control No.: 3060–0443. Title: Application for renewal of substantial changes occur in Expiration Date: 5/31/99. Private Radio Station License. organization structure. FCC 430 is used Title: Conditional Temporary Form: FCC 574–R. by the Commission to evaluate the Authorization to Operate a Part 90 Estimated Annual Burden: 27,720 applicant’s legal qualifications to Radio Station. total annual hours; average .33 hours become or remain a licensee. Form: FCC 572–C. per respondent; 84,000 respondents. OMB Control No.: 3060–0709. Estimated Annual Burden: 1,702 total Description: This form is filed by Expiration Date: 7/31/96. annual hours; average 6 minutes per applicants in the Private Land Mobile Title: Revision of Part 22 and Part 90 respondent; 17,023 respondents. and General Mobile Radio Services for to Facilitate Future Development of Description: Applicants eligible to renewal of an existing authorization. Paging Systems and Implementation of hold a radio station authorization below The data is used to determine eligibility Section 309(j) of the Communications 470 MHz or in the 929–930 MHz band for a renewal and issue a radio station Act. in the Private Land Mobile Radio license. Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30071

Federal Communications Commission. Memorandum and resolution re: Proposed Board of Governors of the Federal Reserve William F. Caton, amendment to Part 327—Assessment System, June 7, 1996. Acting Secretary. Provisions related to Adjusted Attributable Jennifer J. Johnson, Deposit Amount. [FR Doc. 96–15014 Filed 6–12–96; 8:45 am] Deputy Secretary of the Board. BILLING CODE 6712±01±F The meeting will be held in the Board [FR Doc. 96–14998 Filed 6–12–96; 8:45 am] Room on the sixth floor of the FDIC BILLING CODE 6210-01-F Building located at 550–17th Street, FEDERAL DEPOSIT INSURANCE N.W., Washington, D.C. CORPORATION The FDIC will provide attendees with Formations of, Acquisitions by, and auxiliary aids (e.g., sign language Mergers of Bank Holding Companies Notice of Agency Sunshine Act interpretation) required for this meeting. The companies listed in this notice Meeting Those attendees needing such assistance have applied to the Board for approval, should call (202) 416–2449 (Voice); pursuant to the Bank Holding Company Pursuant to the provisions of the (202) 416–2004 (TTY), to make ‘‘Government in the Sunshine Act’’ (5 Act of 1956 (12 U.S.C. 1841 et seq.) necessary arrangements. (BHC Act), Regulation Y (12 CFR part U.S.C. 552b), notice is hereby given that Requests for further information the Federal Deposit Insurance 225), and all other applicable statutes concerning the meeting may be directed and regulations to become a bank Corporation’s Board of Directors will to Mr. Robert E. Feldman, Deputy meet in open session at 2:00 p.m. on holding company and/or to acquire the Executive Secretary of the Corporation, assets or the ownership of, control of, or Monday, June 17, 1996, to consider the at (202) 898–6757. following matters: the power to vote shares of a bank or Dated: June 10, 1996. bank holding company and all of the Summary Agenda: No substantive banks and nonbanking companies discussion of the following items is Federal Deposit Insurance Corporation. anticipated. These matters will be resolved Robert E. Feldman, owned by the bank holding company, with a single vote unless a member of the Deputy Executive Secretary. including the companies listed below. The applications listed below, as well Board of Directors requests that an item be [FR Doc. 96–15148 Filed 6–11–96; 10:31 am] moved to the discussion agenda. as other related filings required by the BILLING CODE 6714±01±M Disposition of minutes of previous meetings. Board, are available for immediate Reports of actions approved by officers of the inspection at the Federal Reserve Bank Corporation pursuant to authority indicated. Once the application has delegated by the Board of Directors. FEDERAL RESERVE SYSTEM been accepted for processing, it will also Memorandum and resolution re: Rescission be available for inspection at the offices of the Statement of Policy on Time Limits Change in Bank Control Notices; of the Board of Governors. Interested for Filing Reports of Condition. persons may express their views in Memorandum and resolution re: Rescission Acquisitions of Shares of Banks or of the Interagency Policy Statement Bank Holding Companies writing on the standards enumerated in Regarding Advertising of NOW Accounts. the BHC Act (12 U.S.C. 1842(c)). If the Memorandum and resolution re: The notificants listed below have proposal also involves the acquisition of Amendments to the Statement of Policy applied under the Change in Bank a nonbanking company, the review also Regarding Independent External Auditing Control Act (12 U.S.C. 1817(j)) and § includes whether the acquisition of the Programs of State Nonmember Banks. 225.41 of the Board’s Regulation Y (12 nonbanking company complies with the Memorandum and resolution re: Final CFR 225.41) to acquire a bank or bank standards in section 4 of the BHC Act, amendment to 5 C.F.R. Part 3201, the holding company. The factors that are including whether the acquisition of the Supplemental Standards of Ethical considered in acting on the notices are Conduct for Employees of the Federal nonbanking company can ‘‘reasonably Deposit Insurance Corporation. set forth in paragraph 7 of the Act (12 be expected to produce benefits to the Memorandum and resolution re: Amendment U.S.C. 1817(j)(7)). public, such as greater convenience, to the Corporation’s rules and regulations The notices are available for increased competition, or gains in in the form of a new Part 367, to be entitled immediate inspection at the Federal efficiency, that outweigh possible ‘‘Suspension and Exclusion of Contractors Reserve Bank indicated. Once the adverse effects, such as undue and Termination of Contracts,’’ as an notices have been accepted for concentration of resources, decreased or interim final rule while seeking comments. processing, they will also be available unfair competition, conflicts of Memorandum and resolution re: Rescission for inspection at the offices of the Board of Part 324 of the Corporation’s rules and interests, or unsound banking practices’’ regulations, entitled ‘‘Agricultural Loan of Governors. Interested persons may (12 U.S.C. 1843). Any request for Loss Amortization.’’ express their views in writing to the a hearing must be accompanied by a Memorandum re: Quarterly Budget Variance Reserve Bank indicated for that notice statement of the reasons a written Summary Report. or to the offices of the Board of presentation would not suffice in lieu of Memorandum re: The Financing Corporation Governors. Comments must be received a hearing, identifying specifically any (FICO) Assessment Request. not later than June 27, 1996. questions of fact that are in dispute, Discussion Agenda: A. Federal Reserve Bank of New summarizing the evidence that would Memorandum and resolution re: Revision of York (Christopher J. McCurdy, Senior be presented at a hearing, and indicating the Statement of Policy on Assistance to Vice President) 33 Liberty Street, New how the party commenting would be Operating Insured Depository Institutions. York, New York 10045: aggrieved by approval of the proposal. Memorandum and resolution re: Proposed 1. Robert H. Abplanalp Irrevocable Unless otherwise noted, nonbanking amendments to Part 335 of the Retained Annuity Trust, Bronxville, activities will be conducted throughout Corporation’s rules and regulations, New York; to acquire a total of 16.3 entitled ‘‘Securities of Nonmember Insured the United States. Banks.’’ percent of the voting shares of Hudson Unless otherwise noted, comments Memorandum and resolution re: Proposed Valley Holdings Corp., Yonkers, New regarding each of these applications amendments to Part 325 of the York, and thereby indirectly acquire must be received at the Reserve Bank Corporation’s rules and regulations, Hudson Valley Bank, Yonkers, New indicated or the offices of the Board of entitled ‘‘Capital Maintenance.’’ York. Governors not later than July 8, 1996. 30072 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

A. Federal Reserve Bank of Atlanta Unless otherwise noted, comments burden; (3) ways to enhance the quality, (Zane R. Kelley, Vice President) 104 regarding the applications must be utility, and clarity of the information to Marietta Street, N.W., Atlanta, Georgia received at the Reserve Bank indicated be collected; and (4) the use of 30303: or the offices of the Board of Governors automated collection techniques or 1. ABC Bancorp, Moultrie, Georgia; to not later than June 27, 1996. other forms of information technology to merge with First National Financial A. Federal Reserve Bank of New minimize the information collection Corporation, Albany, Georgia, and York (Christopher J. McCurdy, Senior burden. thereby indirectly acquire First National Vice President) 33 Liberty Street, New Type of Information Collection Bank of South Georgia, Albany, Georgia. York, New York 10045: Request: Extension of a currently Board of Governors of the Federal Reserve 1. North Fork Bancorporation, Inc., approved collection; Title of System, June 7, 1996. Mattituck, New York; to acquire Haven Information Collection: Conditions of Jennifer J. Johnson, Bancorp, Inc., Woodhaven, New York, Coverage for Organ Procurement Deputy Secretary of the Board. and thereby indirectly acquire Columbia Organizations; Form No.: HCFA–R–13; [FR Doc. 96–14999 Filed 6–12–96; 8:45 am] Federal Savings Bank, Woodhaven, New Use: Organ procurement organizations York, and thereby engage in operating a BILLING CODE 6210-01-F are required to submit accurate data to federal savings and loan association, HCFA concerning population and pursuant to § 225.25(b)(9) of the Board’s information on donors and organs on an Notice of Proposals to Engage in Regulation Y. annual basis in order to assure Permissible Nonbanking Activities or B. Federal Reserve Bank of Kansas maximum effectiveness in the to Acquire Companies that are City (John E. Yorke, Senior Vice procurement and distribution of organs. Engaged in Permissible Nonbanking President) 925 Grand Avenue, Kansas Frequency: Annually; Affected Public: Activities City, Missouri 64198: Not-for-profit institutions; Number of 1. Commercial Guaranty Bancshares, Respondents: 66; Total Annual The companies listed in this notice Inc., Shawnee Mission, Kansas; to Responses: 66; Total Annual Hours have given notice under section 4 of the engage de novo through its subsidiary, Requested: 1. Bank Holding Company Act (12 U.S.C. C.G. Capital Corporation, Overland To request copies of the proposed 1843) (BHC Act) and Regulation Park, Kansas, in providing financial and paperwork collections referenced above, Y, (12 CFR part 225) to engage de novo, investment advice, pursuant to § call the Reports Clearance Office on or to acquire or control voting securities 225.25(b)(4) of the Board’s Regulation Y; (410) 786–1326. Written comments and or assets of a company that engages and in providing management recommendations for the proposed either directly or through a subsidiary or consulting services to depository information collections should be sent other company, in a nonbanking activity institutions, pursuant to § 225.25(b)(11) within 60 days of this notice directly to that is listed in § 225.25 of Regulation of the Board’s Regulation Y. the HCFA Paperwork Clearance Officer Y (12 CFR 225.25) or that the Board has Board of Governors of the Federal Reserve designated at the following address: determined by Order to be closely HCFA, Office of Financial and Human related to banking and permissible for System, June 7, 1996. Jennifer J. Johnson, Resources, Management Planning and bank holding companies. Unless Analysis Staff, Attention: Louis Blank, otherwise noted, these activities will be Deputy Secretary of the Board. Room C2–26–17, 7500 Security conducted throughout the United States. [FR Doc. 96–15000 Filed 6–12–96; 8:45 am] Boulevard, Baltimore, Maryland 21244– Each notice is available for inspection BILLING CODE 6210-01-F at the Federal Reserve Bank indicated. 1850. Once the notice has been accepted for Dated: June 5, 1996. processing, it will also be available for DEPARTMENT OF HEALTH AND Kathleen B. Larson, inspection at the offices of the Board of HUMAN SERVICES Director, Management Planning and Analysis Governors. Interested persons may Staff, Office of Financial and Human express their views in writing on the Health Care Financing Administration Resources. question whether the proposal complies [FR Doc. 96–15003 Filed 6–12–96; 8:45 am] [R±13] with the standards of section 4 of the BILLING CODE 4120±03±P BHC Act, including whether Agency Information Collection consummation of the proposal can Activities: Proposed Collection; [HSQ±231±N] ‘‘reasonably be expected to produce Comment Request benefits to the public, such as greater Medicare, Medicaid, and CLIA In compliance with the requirement convenience, increased competition, or Programs; Clinical Laboratory of section 3506(c)(2)(A) of the gains in efficiency, that outweigh Improvement Amendments of 1988 Paperwork Reduction Act of 1995, the possible adverse effects, such as undue Exemption of Laboratories in the State Health Care Financing Administration concentration of resources, decreased or of Oregon unfair competition, conflicts of (HCFA), Department of Health and interests, or unsound banking practices’’ Human Services, is publishing the AGENCY: Health Care Financing (12 U.S.C. 1843). Any request for a following summary of proposed Administration (HCFA), HHS. hearing on this question must be collections for public comment. ACTION: Notice. accompanied by a statement of the Interested persons are invited to send reasons a written presentation would comments regarding the burden SUMMARY: Section 353(p) of the Public not suffice in lieu of a hearing, estimate or any other aspect of this Health Service Act provides for the identifying specifically any questions of collection of information, including any exemption of laboratories from the fact that are in dispute, summarizing the of the following subjects: (1) The requirements of the Clinical Laboratory evidence that would be presented at a necessity and utility of the proposed Improvement Amendments of 1988 hearing, and indicating how the party information collection for the proper (CLIA) when the State in which they are commenting would be aggrieved by performance of the agency’s functions; located has requirements equal to or approval of the proposal. (2) the accuracy of the estimated more stringent than those of CLIA. This Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30073 notice grants exemption from CLIA II. Notice of Approval of CLIA review of laboratory requirements of requirements and is applicable only to Exemption to Laboratories in the State State laboratory programs. laboratories located within the State of of Oregon As specified in § 493.515, our review Oregon that possess a valid State In this notice, we grant CLIA of a State laboratory program includes license. exemption for all specialties and (but is not necessarily limited to) an EFFECTIVE DATE: The provisions of this subspecialties to all laboratories located evaluation of— notice are effective on June 13, 1996, in the State of Oregon that possess a • Whether the State’s requirements through December 31, 1999. valid license to perform laboratory for laboratories are equivalent to or FOR FURTHER INFORMATION CALL: Val testing effective June 13, 1996, through more stringent than the CLIA condition Coppola, (410) 786–3354. December 31, 1999. level requirements; • The State’s inspection process SUPPLEMENTARY INFORMATION: III. Evaluation of The Oregon State Laboratory Program requirements to determine— I. Background and Legislative —The comparability of the full Authority The following describes the process we used to determine whether we inspection and complaint inspection Section 353 of the Public Health should grant exemption from CLIA procedures to our procedures; Service Act, as amended by the Clinical requirements to licensed Oregon —The State’s enforcement procedures Laboratory Improvement Amendments laboratories. for laboratories found to be out of of 1988 (CLIA), requires any laboratory compliance with its requirements; that performs tests on human specimens A. Requirements for Granting CLIA and Exemption to meet the requirements established by —The ability of the State to provide us the Department of Health and Human To determine whether we should with electronic data and reports with Services. Under the provisions of the grant a CLIA exemption to all the adverse or corrective actions sentence following section 1861(s)(14) laboratories within the State of Oregon, resulting from proficiency testing and paragraph (s)(16) of the Social we conducted a detailed and indepth results that constitute unsuccessful Security Act, any laboratory that also comparison of Oregon State’s participation in HCFA-approved requests to be paid for services requirements for its laboratories to those proficiency testing programs and with furnished to Medicare beneficiaries of CLIA and evaluated whether Oregon other data we determine to be must meet the requirements of section State’s standards meet the requirements necessary for validation and 353 of the Public Health Service Act. at § 493.513. In summary, we evaluated assessment of the State’s inspection Subject to specified exceptions, whether the State of Oregon— process requirements; laboratories must have a current and • Has laws in effect that provide for • The State’s agreement to— valid CLIA certificate to test human requirements that are equal to or more specimens to be eligible for payment stringent than CLIA requirements; —Notify us within 30 days of the action from the Medicare or Medicaid program. • Has an agency that licenses or taken against any CLIA-exempt Regulations implementing section 353 approves laboratories meeting State laboratory that has had its licensure or of the Public Health Service Act are requirements that also meet or exceed approval withdrawn or revoked or contained in 42 CFR part 493, CLIA requirements, and would, been in any way sanctioned; Laboratory Requirements. therefore, meet the condition level —Notify us within 10 days of any Section 353(p) of the Public Health requirements of the CLIA regulations; deficiency identified in a CLIA- Service Act provides for the exemption • Demonstrates that it has exempt laboratory in cases when the of laboratories from CLIA requirements enforcement authority and deficiency poses an immediate in a State that applies requirements that administrative structures and resources jeopardy to the laboratory’s patients are equal to or more stringent than those adequate to enforce its laboratory or a hazard to the general public; of CLIA. The statute does not requirements; —Notify each laboratory licensed by the specifically require the promulgation of • Permits us or our agents to inspect State within 10 days of our criteria for the exemption of laboratories laboratories within the State; withdrawal of the exemption; • in a State. The decision to grant CLIA Requires laboratories within the —Provide us with written notification of exemption to laboratories within a State State to submit to inspections by us or any changes in its licensure (or is at HCFA’s discretion, acting on behalf our agents as a condition of licensure; approval) and inspection • of the Secretary of Health and Human Agrees to pay the cost of the requirements; Services. validation program administered by us —Disclose any laboratory’s proficiency Part 493, subpart E, Accreditation by and the cost of the State’s pro rata share testing results in accordance with the a Private, Nonprofit Accreditation of the general overhead to develop and State’s confidentiality requirements; Organization or Exemption Under an implement CLIA as specified in Approved State Laboratory Program §§ 493.645(a) Fee(s) applicable to —Take the appropriate enforcement implements section 353(p) of the Public accredited laboratories/approved State action against laboratories we find not Health Service Act. Section 493.513 licensure programs and 493.646(b) to be in compliance with provides that we may exempt from CLIA Payment of fees; and requirements comparable to condition requirements, for a period not to exceed • Takes appropriate enforcement level requirements and report these 6 years, State licensed or approved action against laboratories found by us enforcement actions to us; laboratories in a State if the State meets or our agents not to be in compliance —Notify us of all newly licensed specified conditions. Section 493.513(k) with requirements comparable to laboratories, including the specialties provides that we will publish a notice condition level requirements. and subspecialties for which any in the Federal Register announcing the We also evaluated whether the State laboratory performs testing, within 30 names and basis for exemption of States of Oregon laboratory program meets the days; and whose laboratories are exempt from requirements and licenses laboratories —Provide to us, as requested, inspection meeting the requirements of part 493. in accordance with § 493.515, Federal schedules for validation purposes. 30074 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

B. Evaluation of the Oregon State Subpart H, Participation in Proficiency Subpart Q, Inspection Request for CLIA Exemption Testing for Laboratories Performing Tests of Moderate Complexity Oregon laboratories that possess a The State of Oregon has formally (Including the Subcategory), High license for moderate or high complexity applied to us for an exemption from the Complexity, or Any Combination of testing are routinely inspected on-site, CLIA requirements for laboratories These Tests biennially. Routine inspections are located within the State that possess a usually announced. All complaint valid State license. The Oregon Administrative Rule inspections are unannounced. The We have evaluated the Oregon State’s requires licensed laboratories within Oregon State Laboratory Licensing CLIA exemption application and all Oregon to enroll and participate in a Section implements inspection subsequent submissions for equivalency HCFA-approved proficiency testing requirements and policies that are equal against the three major categories of program for all tests listed in Subpart I to those of CLIA. of the CLIA regulations. Oregon has CLIA rules: The implementing Subpart R, Enforcement Procedures regulations, the enforcement adopted the requirements of Subpart H, regulations, and the deeming/exemption Participation in proficiency testing for We have reviewed documentation of requirements. The statutory laboratories performing tests of Oregon State’s enforcement authority, requirements pertaining to laboratories moderate complexity (including the its administrative structure and the in Oregon are found at Chapter 438, subcategory), high complexity, or any resources used to enforce its standards. Clinical Laboratories, in the Oregon combination of these tests. The State appropriately applies Revised Statutes. We found the Therefore, the proficiency testing limitations and revocations of its Laboratory Licensing Section of the requirements of Oregon are equivalent licenses for laboratories as well as other Center for Public Health Laboratories, to those of CLIA. categories of penalties. Dependent upon which issues, implements, and enforces probable circumstances, Oregon may regulations specified in the Oregon Subpart J, Patient Test Management impose a directed plan of correction, it Administrative Rule, Division 24, for Moderate Complexity (Including the may refuse to issue a license or permit, Chapter 333, to administer a program Subcategory), High Complexity, or Any or, if necessary, it could initiate that is equal to the CLIA program, taken Combination of These Tests criminal penalties. as a whole. We performed an indepth The State of Oregon has provided us Oregon has modified its requirements evaluation of the Oregon application to with the mechanism it currently uses to for patient test management to be equal verify the State’s assurance of monitor the proficiency testing to those of the CLIA regulations. compliance with the following subparts performance of its laboratories. The of part 493. initial action taken by Oregon State for Subpart K, Quality Control for Tests of unsuccessful proficiency testing Moderate Complexity (Including the Subpart E, Accreditation by a Private, performance requires the laboratory to Subcategory), High Complexity, or Any determine the cause of the failure, Nonprofit Accreditation Organization Combination of These Tests or Exemption Under an Approved State document corrective actions and Laboratory Program provide an assurance that patient testing The Oregon Administrative Rule is correctly performed. If no response or recognizes the CLIA categorization of HCFA and the Centers for Disease an inadequate response is received, tests and stipulates quality control procedures to remove the analyte, Control and Prevention staff reviewers requirements for moderate complexity have examined the Oregon State subspecialty, or specialty from the (including the subcategory of provider laboratory’s license will be initiated. application and all subsequent performed microscopy), and high submissions against the exemption The State may perform an on-site complexity tests that are equivalent to inspection due to unsuccessful requirements that a State must meet in the respective CLIA requirements, taken proficiency testing performance. order to be granted CLIA-exempt status as a whole. (§ 493.513 and the applicable parts of The State of Oregon has provided §§ 493.515, 493.517, 493.519, and Subpart M, Personnel for Moderate appropriate documentation 493.521, which concern General Complexity (Including the demonstrating that its enforcement requirements for CLIA-exempt Subcategory) and High Complexity policies and procedures are equivalent to those of CLIA. laboratories; Federal review of Testing laboratory requirements of State IV. Federal Validation Inspections and laboratory programs; Validation The personnel requirements of the Continuing Oversight inspections of CLIA-exempt Oregon Administrative Rule are The Federal validation inspections of laboratories; Continuing Federal equivalent to those of CLIA for all levels CLIA-exempt laboratories, as specified oversight of an approved State of testing complexity. in § 493.517, will be conducted on a laboratory program; and Removal of Subpart P, Quality Assurance for representative sample basis as well as in CLIA exemption and final Moderate Complexity (Including the response to substantial allegations of determinations review). The State has Subcategory) or High Complexity noncompliance (complaint inspections). complied with the applicable CLIA Testing, or Any Combination of These The outcome of those validation requirements for exemption under this Tests inspections will be our principal means subpart. for verifying the appropriateness of the The applicable standards of the exemption given to laboratories in Oregon Administrative Rule are equal to Oregon. This Federal monitoring is an the CLIA requirements at §§ 493.1701 on-going process. The State of Oregon through 493.1721, which address will provide us with survey findings for quality assurance. each laboratory selected for validation. Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30075

V. Removal of Approval of Oregon costs and anticipated costs of actual Law 103–227, the Pro-Children Act of State Exemption validation and complaint investigation 1994, prohibits smoking in certain We will remove the CLIA exemption surveys. A final reconciliation for all facilities (or in some cases, any portion of laboratories located in the State of laboratories and all expenses will be of a facility) in which regular or routine Oregon that possess a valid license if we made. We will reimburse the State for education, library, day care, health care or early childhood development determine the outcome and any overpayment or bill it for any services are provided to children. comparability review of validation balance. In accordance with the provisions of inspections are not acceptable as DATES: Applications are due July 15, Executive Order 12866, this notice was described under § 493.521 or if the State 1996. Applications will be considered to not reviewed by the Office of fails to pay the required fee as stated have met the deadline if they are (1) Management and Budget. under § 493.645(a). received on or before the deadline date; Authority: Section 353 of the Public Health or (2) postmarked on or before the VI. Laboratory Data Service Act (42 U.S.C. 263a). established deadline date and received In accordance with Dated: May 13, 1996. in time for orderly processing. § 493.513(d)(2)(iii), Oregon State will Bruce C. Vladeck, Applicants should request a legibly dated U.S. Postal Service postmark or provide us with changes to a Administrator, Health Care Financing laboratory’s specialties or subspecialties Administration. obtain a receipt from a commercial carrier. Private metered postmarks will based on the State’s survey and with [FR Doc. 96–14969 Filed 6–12–96; 8:45 am] not be acceptable as proof of timely changes in a laboratory’s licensure BILLING CODE 4120±01±P status. mailing. Late applications not accepted for processing will be returned to the VII. Required Administrative Actions Health Resources and Services applicant. CLIA is a user-fee funded program. Administration ADDRESSES: Application materials may The registration fee paid by the be obtained from, and completed laboratories is used to cover the cost of Availability of Funds for the applications should be returned to: Ms. the development and administration of Community Scholarship Programs Alice H. Thomas, Grants Management the program. However, when a State’s Officer, Bureau of Primary Health Care AGENCY: Health Resources and Services application for exemption is approved, (BPHC), 4350 East-West Highway, 11th Administration, HHS. we may not charge a fee to laboratories Floor, Bethesda, Maryland 20814, (301) in the State that are covered by the ACTION: Notice of available funds. 594–4250. The Grants Management staff exemption. The State’s share of the costs SUMMARY: The Health Resources and is available to provide assistance on associated with CLIA must be collected Services Administration (HRSA) business management issues. from the State. Section 493.645 specifies announces the availability of Applications for these grants will be that Health and Human Services approximately $100,000 under section made on PHS Form 5161–1 with revised assesses fees that a State must pay for 338L of the Public Health Service (PHS) face sheet DHHS Form 424, as approved the following: Act for competing and project period by the Office of Management and • Costs of Federal inspection of renewal Grants to States for Community Budget (OMB) under control number laboratories in the State to verify that Scholarship Programs (CSP). 0937–0189. standards are enforced in an appropriate The purpose of the CSP is to enable FOR FURTHER INFORMATION CONTACT: For manner. The average cost per validation States to increase the availability of general program information and survey nationally is multiplied by the primary health care in urban and rural technical assistance, please contact number of surveys that will be federally designated health professional Sharley L. Chen, Division of conducted. shortage areas (HPSAs) by assisting Scholarships and Loan Repayments, • Costs incurred for Federal community organizations to provide BPHC, HRSA, 4350 East-West Highway, investigations and surveys triggered by scholarships for the education of 10th Floor, Bethesda, Maryland 20814, complaints that are substantiated. We individuals to serve as health at (301) 594–4400. bill the State for these costs. We professionals in these communities. SUPPLEMENTARY INFORMATION: In FY anticipate that most of these surveys The PHS is committed to achieving 1996, approximately $100,000 will be will be referred to the State and that the health promotion and disease awarded for 3–5 new and project period there will be little Federal activity in prevention objectives of Healthy People renewal grants ranging from $5,000 to this area. 2000, a PHS-led national activity. This $75,000 for a 12-month budget period • The State’s proportionate share of grant program is related to the objectives and up to a 3-year project period. Under general overhead costs for the items and of improving access to and availability this program, States enter into services it benefits from and only for of primary health care services for all agreements with public or private those paid for out of registration or Americans, especially the underserved nonprofit community organizations certificate fees we collected. populations. Potential applicants may located in federally designated HPSAs. In order to estimate Oregon State’s obtain a copy of Healthy People 2000 These organizations will recruit proportionate share of the general (Full Report: Stock No. 017–001–00474– qualified residents of their communities overhead costs, we determined the ratio 0) or Healthy People 2000 (Summary and provide scholarships to them to of laboratories in Oregon State to the Report; Stock No. 017–001–00473–1) become physicians, certified nurse total number of laboratories nationally. through the Superintendent of practitioners, certified nurse midwives, In that the general overhead costs apply Documents, Government Printing or physician assistants based on the equally to all laboratories, we Office, Washington, D.C. 20402–9325 needs of the communities. determined the cumulative overhead (telephone number 202–783–3238). This grant program is intended to be costs that should be assumed by the PHS strongly encourages all grant consistent with the efforts of the State of Oregon. recipients to provide a smoke-free National Health Service Corps (NHSC) The State of Oregon has agreed to pay workplace and promote the non-use of Scholarship Program, NHSC Loan us its pro rata share of the overhead all tobacco products. In addition, Public Repayment Program and NHSC State 30076 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

Loan Repayment Program to meet the involved, or to any other entity. Non- 5. The individual agrees that, in needs of underserved populations in Federal contributions required may be providing primary health care pursuant federally designated HPSAs through the provided directly by the State and to the scholarship, he/she: placement of primary care practitioners. community organization involved, and a. Will not, in the case of an For purposes of this program, the term may be provided through donations individual seeking care, discriminate on ‘‘primary health care’’ means health from public and private entities. States the basis of the ability of the individual services regarding family medicine, should be aware, however, that to pay for such care or on the basis that general internal medicine, general donations from providers may be payment for such care will be made pediatrics, or obstetrics and gynecology, subject to provisions of Public Law 102– pursuant to the programs established in that are provided by physicians, 234, the Medicaid Voluntary Titles XVIII (Medicare) or XIX certified nurse practitioners, certified Contribution and Provider-Specific Tax (Medicaid) of the Social Security Act; nurse midwives, or physician assistants. Amendments of 1991. and, The Secretary is required by statute b. Will accept assignment under Scholarship Requirement [Section 338L(l)(3) of the PHS Act] to Section 1842(b)(3)(B)(ii) of the Social ensure that, to the extent practicable, To receive a grant, the State must Security Act for all services for which not less than 50 percent of the amount agree that it will award a grant to a payment may be made under Part B of appropriated will be in the aggregate community organization for Title XVIII, and will enter into an expended by the States for making scholarships only if: appropriate agreement with the State agency that administers the State plan grants to community organizations that 1. The individual who is to receive for medical assistance under Title XIX are located in rural federally designated the scholarship under a contract is a HPSAs. to provide service to individuals resident of a federally designated HPSA entitled to medical assistance under the Eligibility Requirements in which the community organization is plan. located and will provide primary health In order for a State to receive a grant care services for: Evaluation Criteria under this program, the State must: 1. Receive funding for at least one a. A number of years equal to the For new and competing continuation grant, cooperative agreement, or number of years for which the grants the following criteria will be used contract under any provisions of the scholarship is provided, or for a period to evaluate applications: (a) The PHS Act other than section 338L for the of 2 years, whichever period is greater; magnitude and extent of the need for the fiscal year for which the State is or grant to provide primary health care, as applying; b. Such greater period of time as the described in the proposal; (b) The extent 2. Agree that the grant program will individual and the community to which the applicant’s and be administered directly by a single organization may agree. community’s recruitment plans are State agency; 2. The individual agrees, while consistent with the State’s plans for 3. Agree to make grants to community enrolled in a health professions school, meeting the needs of the community’s organizations located in federally to maintain an acceptable level of primary care system; (c) The adequacy designated HPSAs in order to assist academic standing (as determined by of the methodology for selecting those community organizations in the school) at the school as a full-time community organizations, and for providing scholarships to individuals student in accordance with regulation monitoring and evaluating the enrolled or accepted for enrollment as issued by the Secretary pursuant to community organization’s compliance full-time students in health professions Section 338A (f)(1)(B) (iii) of the PHS with the terms and conditions of the schools accredited by a body or bodies Act; grant; (d) The degree of documented recognized for accreditation purposes by 3. The individual and the community community commitment to and the Secretary of Education; organization agree that the scholarship: involvement with the grant; (e) The appropriateness of the proposed plan to 4. Agree that 40 percent of the total a. Will be expended only for tuition administer and manage the grant; and (f) costs of the scholarships will be paid expenses, other reasonable educational The soundness of the budget and the from the Federal grant made to the expenses, reasonable living expenses budget justification for assuring State; and incurred while in attendance at the 5. Agree that 60 percent of the total effective utilization of grant funds. For school, and/or payment to the costs of the scholarships will be paid competing continuation applications, individual of a monthly stipend of not from non-Federal contributions made in evaluation will also be made of program more than the amount authorized for cash by the State and the community outcomes and the degree to which NHSC scholarship recipients under organization through which the stated goals and objectives were Section 338A(g)(1)(B) of the PHS Act; scholarship is provided. achieved. a. The State must make available and Other Grant Information through these cash contributions not b. Will not, for any year of such less than 15 percent nor more than 25 attendance for which the scholarship is The CSP is subject to the provisions percent of the scholarship costs. provided, be in an amount exceeding of Executive Order 12372, as b. The community organization must the total amount required for the year implemented by 45 CFR Part 100, which make available through these cash for the purposes indicated in paragraph allows States the option of setting up a contributions not less than 35 percent (a) above. system for reviewing applications from nor more than 45 percent of the 4. The individual agrees to meet the within their States for assistance under scholarship costs. educational and certification or certain Federal programs. The c. Non-Federal contributions provided licensure requirements necessary to application package for this program in cash by the State and community become a primary care physician, will include a list of States with review organization (as described in a and b certified nurse practitioner, certified systems and the single point of contact above) may not include any amounts nurse midwife, or physician assistant in (SPOC) in each State for the review. provided by the Federal Government to the State in which the individual is to Applicants (other than federally- the State, or community organization practice under the contract; and, recognized Indian tribal governments) Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30077 should contact their State SPOCs as deadline date will be returned to the which will provide services for women early as possible to alert them to the applicant. with diverse socioeconomic and prospective applications and receive FOR FURTHER INFORMATION CONTACT: medical needs and which serves any necessary instructions on the State Additional information related to medically underserved populations. process. For proposed projects serving technical and program issues may be Approximately $3.3 million is available more than one State, the applicant is obtained from Mrs. Charlotte G. Pascoe, to fund between one and six projects in advised to contact the SPOC of each Director, Division of Facilities this category. affected State. The due date for State Compliance and Recovery, Bureau of B—Rural Health Care process recommendations is 60 days Health Resources Development, Health after the application deadline. The Resources and Services Administration, Construction or modernization of an BPHC does not guarantee that it will Parklawn Building, Room 7–47, 5600 outpatient medical facility located apart from a hospital or conversion of an accommodate or explain its response to Fishers Lane, Rockville, Maryland existing facility to an outpatient facility State process recommendations received 20857, (301) 443–4303. Grant which will serve medically underserved after that date. Grants will be applications and additional information populations and will improve rural administered in accordance with HHS regarding business, administrative or health care access. Approximately $3.3 regulations in 45 CFR Part 92. The OMB fiscal issues related to the awarding of million is available to fund between one Catalog of Federal Domestic Assistance grants under this Notice may be and six projects in this category. number for this program is 93.931. requested from Ms. Glenna Wilcom, Dated: June 7, 1996. Grants Management Officer, Bureau of C—Oral Health Care Ciro V. Sumaya, Health Resources Development, Health Construction or modernization of an Administrator. Resources and Services Administration, oral health care facility located apart Parklawn Building, Room 7–27, 5600 [FR Doc. 96–15024 Filed 6–12–96; 8:45 am] from a hospital or conversion of an Fishers Lane, Rockville, Maryland BILLING CODE 4160±15±P existing facility to an oral health care 20857, (301) 443–2280. Applicants for facility providing dental services to grants will use Form PHS 5161–1, medically and dentally underserved Project Grants for Renovation or approved under OMB Control Number populations, which also conducts oral Construction of Non-Acute Health Care 0937–0189. health services research. Approximately Facilities SUPPLEMENTARY INFORMATION: $3.3 million is available to fund between one and six projects in this AGENCY: Health Resources and Services Program Background and Objectives category. Administration. Pub. L. 104–134 provides funds for Eligible Applicants ACTION: Notice of availability of funds. grants under the authority of Section 1610 of the PHS Act. Section 1610(b) To be eligible, an applicant must: (1) Be a public or private non-profit SUMMARY: The Bureau of Health provides that the amount of any grant may not exceed 80 percent of the cost entity; Resources Development (BHRD), Health (2) Have a source of funding to meet of the project for which the grant is Resources and Services Administration the non-Federal portion of the eligible made unless the project is located in an (HRSA), announces that fiscal year (FY) construction cost; and 1996 funds are available for project area determined by the Secretary to be (3) Have title to a building site or have grants for the construction or renovation an urban or rural poverty area, in which a lease which includes the time of of health facilities. Funds were case the grant may cover up to 100 construction plus 20 years of operation, appropriated for these purposes by the percent of such costs. (Urban or rural or have a written commitment to Balanced Budget Downpayment Act, II, poverty area is defined as a medically acquire such title or lease within 3 Pub. L. 104–134, for FY 1996, under the underserved area designated by the months from the date of the grant authority of Section 1610 of the Public Secretary (42 CFR 51c.102).) To award. Health Service (PHS) Act. The determine if the proposed project In addition to the above general categories for funds are: A—Women’s location is in a medically underserved eligibility criteria, the following applies Health Care, B—Rural Health Care, and area, the applicant may contact the to specific categories: C—Oral Health Care. Analysis and Reporting Branch, Division of Facilities Compliance and A—Women’s Health Care DATES: To receive consideration, Recovery, (301) 443–4303. However, The applicant must serve a socio- applications for the renovation or before a determination can be made, the economically diverse population of construction of facilities must be census tract of the facility must be women with diverse health needs. received by the close of business July known. Appendix III provides the B—Rural Health Care 29, 1996 by the Grants Management telephone numbers for regional offices Officer, Ms. Glenna Wilcom, at the of the Census Bureau. The regional The applicant must meet one of the address below. Applications will meet offices can provide information about three requirements stated below. the deadline if they are either: (1) census tracts. (1) The proposed project is NOT Received on or before the deadline date; located in a Metropolitan Statistical or (2) postmarked on or before the Availability of Funds Area as defined by the Office of deadline date. A legibly dated receipt A total of $10,000,000 is available in Management and Budget. A list of the from a commercial carrier or the U.S. FY 1996 to be awarded in the following cities and counties that are designated Postal Service will be accepted instead categories: as Metropolitan Statistical Areas is of a postmark. included in Appendix I. IF THE Private metered postmarks will not be A—Health Care for Women PROPOSED PROJECT IS LOCATED IN acceptable as proof of timely mailing. Construction or modernization of an ONE OF THESE AREAS, IT IS NOT Hand delivered applications must be outpatient medical facility located apart ELIGIBLE FOR THE PROGRAM unless received by 5 p.m. July 29, 1996. Grant from a hospital or conversion of an it meets one of the other two criteria applications that are received after the existing facility to an outpatient facility listed below. 30078 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

(2) Some Metropolitan Statistical In addition, before grant funds can be viability of the project after the Areas on the list are extremely large. released, the grantee must: construction has been completed; Therefore, these areas have been (1) Record the notice of the Federal (10) Strength of demonstration of the divided into rural and urban census interest and grant recovery rights as applicant’s intent to maintain the tracts. Included in Appendix II is a list described in section 1622 of the PHS portion of the facility receiving this of these Metropolitan Statistical Areas Act at its local land records office; and Federal assistance for the purpose of the and the rural census tracts in each area. (2) Obtain a statement from the lessor grant for a period of at least 20 years; IF THE PROPOSED PROJECT IS (if the property is to be leased) that it and is understood that there will be a notice LOCATED WITHIN ONE OF THESE (11) Degree to which the applicant of the Federal interest and grant CENSUS TRACTS, IT IS ELIGIBLE FOR qualifies for one of the three categories recovery rights at the local land records THE PROGRAM. designated in ‘‘Availability of Funds.’’ office. (IF THE APPLICANT IS ELIGIBLE In addition to the above general UNDER THIS CRITERION, THE Evaluation Criteria evaluation criteria, the applicant will be COUNTY AND CENSUS TRACT MUST Applicants must meet the following evaluated on the following specific BE LISTED UNDER ITEM #5 ON THE criteria. Projects will be reviewed on a criteria: FACE PAGE OF THE APPLICATION OR competitive basis by an objective review THE APPLICATION WILL BE A—Women’s Health Care committee based on an assessment of RETURNED. Appendix III provides the how well applicants meet the evaluation (1) Degree to which the project will telephone numbers for regional offices criteria: provide services to low income of the Census Bureau. The appropriate (1) Clarity of defined service program population minority groups such as, office can provide information about goals and objectives; degree to which African Americans, Hispanics, Native census tracts.) the specific activities required to Americans, Alaskan Natives, and Asian (3) The proposed project will be accomplish the service goals of the and Pacific Islanders and will serve a constituted to exclusively provide proposed project are defined; diverse socio-economic group including services to migrant and seasonal (2) Degree to which the needs elderly women, homeless women, and farmworkers in rural areas and is assessment justifies the scope of adolescent women. supported under Section 329 of the services proposed by the project, (2) Appropriateness of how the Public Health Service Act. These including the number of persons to be diverse health needs of women will be projects are eligible regardless of the served. Adequacy of documentation that met, including HIV disease, mental urban or rural location. the proposed project will result in the health, maternal health, heart disease, C—Oral Health Care provision of services to a population diabetes, cancers, substance abuse, and that is medically underserved (and, for violence related health needs. (1) The applicant must be a dental Oral Health Care projects, dentally school, post-graduate training underserved); B—Rural Health Care (residency) institution, a local health (3) Adequacy of the description of the No specific criteria, the applicant department clinic, or a community quality and scope of medical care (or, based care organization; should respond to the 11 general for Oral Health Care projects, dental evaluation criteria. (2) The applicant must operate an care); strength of the qualifications of ongoing program of oral health services the staff to ensure appropriate care of C—Oral Health Clinic research; and patients; (1) Adequacy of assurances which (3) The proposed project must result (4) Degree to which (a) needs of racial in the provision of outpatient oral enhance coordination and continuity of and ethnic minorities have been care for the target population through health services needed by a medically considered, and (b) efforts will be made and dentally underserved population. collaboration and affiliation with to meet such needs; providers of primary health care and APPLICANTS MAY ONLY REQUEST (5) Strength of documentation that other supportive services, and with FUNDING FOR ONE CATEGORY. services to be provided will be specialty and inpatient dental and Further, applicants must agree in accessible and available to the target medical service providers. Degree to writing to provide: population; criteria include proximate which special efforts to establish (1) An assurance (referred to as the location of the project to the target collaborations and affiliations with community services assurance) that, at population; local transportation community-based organizations are all times after such application is availability and assistance; hours of reflected. approved, the facility or portion thereof operation; and outreach activities; to be constructed or renovated will be (6) The appropriateness of the project (2) Adequacy of the documentation made available to persons residing or design, facility construction/renovation that the training program is accredited employed in the area served by the plans and schematic drawings, and by the American Dental Association; facility who need the services offered by timeframes for initiation through and adequacy of a supervision strategy the facility, in accordance with 42 CFR completion of the project; (including strength of supervisory Part 124, Subpart G; and (7) The reasonableness and qualifications), if services are to be (2) An assurance (referred to as the justification for the itemized costs in the provided by dental students or uncompensated services assurance) that construction budget; residents. a reasonable volume of services will be (8) The ability of the applicant to (3) Adequacy of description of the available to persons unable to pay for provide more than the minimally oral health services research activities care in the facility or the portion thereof required matching amount of the cost (i.e., research focused on cost, quality, which is to be constructed or renovated, for the construction project; effectiveness of care, or access to care) in accordance with 42 CFR Part 124, (9) Adequacy of reimbursement which are to be conducted in the facility Subpart F (OMB Clearance Number sources and other funding sources to be renovated/constructed describing 0915–0077). THIS OBLIGATION sufficient to support program operations the purposes, objectives, methods, and CONTINUES IN PERPETUITY. and to maintain the ongoing financial timeframe for completion. Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30079

Allowable Costs prevention objectives of Healthy People Crittenden County 2000, a PHS-led national activity for Faulkner County A successful applicant under this Jefferson County Notice must spend funds it receives setting priority areas. The program announcement, ‘‘Project Grants for Lonoke County according to the approved application Miller County and budget; the authorizing legislation; Renovation or Construction of Non- Pulaski County Acute Health Care Facilities,’’ is related terms and conditions of the grant award; Saline County to the priority areas of maternal health, the regulations of the Department and Sebastian County oral health, and services to underserved Washington County PHS applicable to grants; the applicable populations. Potential applicants may Office of Management and Budget California obtain a copy of Healthy People 2000 (OMB) circular for public and private (Full Report: Stock No. 017–001–00474– Alameda County non-profit grantees; and Appendix II of **Butte County 0) or Healthy People 2000 (Summary the PHS Grants Policy Statement Contra Costa County Report: Stock No. 017–001–00473–1) applicable to construction. **El Dorado County through the Superintendent of **Fresno County State Offices of Rural Health Documents, Government Printing **Kern County Office, Washington, DC 20402–9325 **Los Angeles County Category B applicants should notify (Telephone (202) 783–3238). Marin County their State Office of Rural Health of their Merced County intent to apply for this grant program. Use of metric units in application plans, design, and project construction **Monterey County The State Office can provide Napa County information on rural health care needs Per Executive Order 12770, July 1991, Orange County within the State. all construction projects funded in **Placer County whole or in part with Federal funds **Riverside County Other Award Information must use System International (SI) Sacramento County Grants awarded under this notice are Metric Units. Usage shall conform to **San Bernardino County subject to the provisions of Executive Federal Standard 376B, Preferred Metric **San Diego County Units for General Use by the Federal San Francisco County Order 12372, as implemented under 45 **San Joaquin County CFR Part 100, which allows States the Government. Applicants must use this San Mateo County option of setting up a system for system (SI) for planning, estimating, **Santa Barbara County reviewing applications within their design and construction phases of **Santa Clara County States for assistance under certain Federally supported projects. Santa Cruz County Federal programs. The application (OMB Catalog of Federal Domestic Assistance **Shasta County packages to be made available by HRSA number for Section 1610(b) is 93.887) Solano County **Sonoma County will contain a listing of States which Dated: June 7, 1996. **Stanislaus County have chosen to set up such a review Ciro V. Sumaya, Sutter County system and will provide a point of Administrator. **Tulare County contact in the States for the review. **Ventura County Appendix I—Metropolitan Areas, by State Applicants (other than Federally Yolo County and County 1 as Designated by OMB—June Yuba County recognized Indian tribal governments) 30, 1990 should contact their State Single Point Colorado of Contact (SPOC) as early as possible to Alabama **Adams County Autauga County alert them to the prospective Arapahoe County **Baldwin County applications and receive any necessary Boulder County Blount County instructions on the State process. For Denver County Calhoun County proposed projects serving more than one Douglas County Colbert County El Paso County State, the applicant is advised to contact Dale County the SPOC of each affected State. The Elmore County Jefferson County due date for State process Etowah County **Larimer County recommendations is 60 days after the Houston County **Pueblo County *Weld County application deadline date for new and Jefferson County competing awards. The HRSA does not Lauderdale County Connecticut Lawrence County guarantee that it will accommodate or Fairfield County Madison County Bethel town explain its responses to State process **Mobile County Bridgeport town/city recommendations received after the due Montgomery County date. Morgan County Brookfield town PHS strongly encourages all grant and Russell County Danbury town/city contract recipients to provide a smoke- St. Clair County Darien town Shelby County Easton town free workplace and to promote the Fairfield town nonuse of all tobacco products. In **Tuscaloosa County Walker County Greenwich town addition, Public Law 103–227, the Pro- Monroe town Children Act of 1994, prohibits smoking Alaska New Canaan town in certain facilities (or in some cases, Anchorage Borough New Fairfield town any portion of a facility) in which Newtown town Arizona regular or routine education, library, Norwalk town/city day care, health care, or early childhood **Maricopa County Redding town Ridgefield town development services are provided to **Pima County Yuma County Shelton town/city children. Sherman town The PHS is committed to achieving Arkansas Stamford town/city the health promotion and disease Crawford County Stratford town 30080 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

Trumbull town Southbury town Seminole County Weston town Wallingford town Volusia County Westport town Waterbury town/city Wilton town West Haven town/city Georgia Hartford County (part) Wolcott town Barrow County Avon town Woodbridge town Bibb County Berlin town New London County (part) Butts County Bloomfield town Bozrah town Catoosa County Bristol town/city Colchester town Chatham County Burlington town East Lyme town Chattahoochee County Canton town Franklin town Cherokee County East Granby town Griswold town Clarke County East Hartford town Groton town Clayton County East Windsor town Ledyard town Cobb County Enfield town Lisbon town Columbia County Farmington town Montville town Coweta County Glastonbury town New London town/city Dade County Granby town North Stonington town DeKalb County Hartford town/city Norwich town/city Dougherty County Manchester town Old Lyme town Douglas County Marlborough town Preston town Effingham County New Britain town/city Salem town Fayette County Newington town Sprague town Forsyth County Stonington town Plainville town Fulton County Waterford town Rocky Hill town Gwinnett County Tolland County (part) Simsbury town Henry County Andover town Southington town Houston County Bolton town South Windsor town Jackson County Columbia town Suffield town Jones County Coventry town West Hartford town Lee County Ellington town Wethersfield town McDuffie County Hebron town Windsor town Madison County Somers town Windsor Locks town Muscogee County Litchfield County (part) Stafford town Tolland town Newton County Barkhamsted town Oconee County Bethlehem town Vernon town Willington town Paulding County Bridgewater town Peach County New Hartford town Windham County (part) Canterbury town Richmond County New Milford town Rockdale County Plymouth town Delaware Spalding County Thomaston town New Castle County Walker County Watertown town Walton County Woodbury town District of Columbia Middlesex County (part) Hawaii District of Columbia Clinton town Honolulu County Cromwell town Florida Idaho Durham town Alachua County East Haddam town Bay County Ada County East Hampton town Bradford County Illinois Haddam town Brevard County Killingworth town Broward County Boone County Middlefield town Clay County Champaign County Middletown town/city **Collier County Clinton County Portland town **Dade County Cook County New Haven County Duval County DuPage County Ansonia town/city Escambia County Grundy County Beacon Falls town Gadsden County Henry County Bethany town Hernando County Jersey County Branford town Hillsborough County Kane County Cheshire town Lee County Kankakee County Derby town/city Leon County Kendall County East Haven town Manatee County Lake County Guilford town **Marion County McHenry County Hamden town Martin County McLean County Madison town Nassau County Macon County Meriden town/city Okaloosa County Madison County Middlebury town Orange County Menard County Milford town/city **Osceola County Monroe County Naugatuck town/borough **Palm Beach County Peoria County New Haven town/city Pasco County Rock Island County North Branford town Pinellas County St. Clair County North Haven town **Polk County Sangamon County Orange town St. Johns County Tazewell County Oxford town St. Lucie County Will County Prospect town Santa Rosa County Winnebago County Seymour town Sarasota County Woodford County Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30081

Indiana LOUISIANA Anne Arundel County Allen County Ascension Parish Baltimore city Boone County Bossier Parish Baltimore County Clark County Caddo Parish Calvert County Clay County Calcasieu Parish Carroll County Dearborn County East Baton Rouge Parish Cecil County Charles County De Kalb County Jefferson Parish Frederick County Delaware County Lafayette Parish Harford County Elkhart County Lafourche Parish Howard County Floyd County Livingston Parish Montgomery County Hamilton County Orleans Parish Prince George’s County Hancock County Ouachita Parish **Rapides Parish Queen Anne’s County Harrison County Washington County Hendricks County St. Bernard Parish St. Charles Parish Howard County Massachusetts St. John the Baptist Parish Johnson County St. Martin Parish Berkshire County (part) Lake County St. Tammany Parish Cheshire town Madison County **Terrebonne Parish Dalton town Marion County West Baton Rouge Parish Hinsdale town Monroe County Lanesborough town Morgan County Maine Lee town Porter County Androscoggin County (part) Lenox town Posey County Auburn city Pittsfield city St. Joseph County Greene town Richmond town Shelby County Lewiston city Stockbridge town Tippecanoe County Lisbon town Bristol County (part) Tipton County Mechanic Falls town Acushnet town Vanderburgh County Poland town Attleboro city Vigo County Sabattus town Dartmouth town Warrick County Cumberland County (part) Easton town Whitley County Cape Elizabeth town Fairhaven town Cumberland town Fall River city Iowa Falmouth town Freetown town Black Hawk County Freeport town Mansfield town Bremer County Gorham town New Bedford city Dubuque County Gray town North Attleborough town Johnson County North Yarmouth town Norton town Linn County Portland city Raynham town Polk County Raymond town Rehoboth town Pottawattamie County Scarborough town Seekonk town South Portland city Scott County Somerset town Standish town Warren County Swansea town Westbrook city Woodbury County Westport town Windham town Essex County Kansas Yarmouth town Penobscot County (part) Amesbury town **Butler County Andover town Douglas County Bangor city Brewer city Beverly city Harvey County Boxford town Johnson County Eddington town Glenburn town Danvers town Leavenworth County Hampden town Essex town Miami County Hermon town Georgetown town Sedgwick County Holden town Gloucester city Shawnee County Kenduskeag town Groveland town Wyandotte County Old Town city Hamilton town Haverhill city Kentucky Orono town Orrington town Ipswich town Boone County Penobscot Indian Island Indian Reservation Lawrence city Bourbon County Veazie town Lynn city Boyd County Waldo County (part) Lynnfield town Bullitt County Winterport town Manchester town Campbell County York County (part) Marblehead town Carter County Berwick town Merrimac town Christian County Buxton town Methuen town Clark County Eliot town Middleton town Daviess County Hollis town Nahant town Fayette County Kittery town Newbury town Greenup County North Berwick town Newburyport city Henderson County Ogunquit town North Andover town Jefferson County Old Orchard Beach town Peabody city Jessamine County South Berwick town Rockport town Kenton County Wells town Rowley town Oldham County York town Salem city Scott County Salisbury town Shelby County Maryland Saugus town Woodford County Allegany County Swampscott town 30082 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

Topsfield town Watertown town Brookfield town Wenham town Wayland town Charlton town West Newbury town Westford town Clinton town Hampden County (part) Weston town Douglas town Agawam town Wilmington town Dudley town Chicopee city Winchester town East Brookfield town East Longmeadow town Woburn city Fitchburg city Hampden town Norfolk County Grafton town Holyoke city Avon town Harvard town Longmeadow town Bellingham town Holden town Ludlow town Braintree town Hopedale town Monson town Brookline town Lancaster town Montgomery town Canton town Leicester town Palmer town Cohasset town Leominster city Russell town Dedham town Lunenburg town Southwick town Dover town Mendon town Springfield city Foxborough town Milford town Westfield city Franklin town Millbury town West Springfield town Holbrook town Millville town Wilbraham town Medfield town Northborough town Hampshire County (part) Medway town Northbridge town Belchertown town Millis town North Brookfield town Easthampton town Milton town Oxford town Granby town Needham town Paxton town Huntington town Norfolk town Princeton town Northampton city Norwood town Rutland town Southampton town Plainville town Shrewsbury town South Hadley town Quincy city Southborough town Middlesex County Randolph town Spencer town Acton town Sharon town Sterling town Arlington town Stoughton town Sutton town Ashby town Walpole town Upton town Ashland town Wellesley town Uxbridge town Ayer town Westwood town Webster town Bedford town Weymouth town Westborough town Belmont town Wrentham town West Boylston town Billerica town Plymouth County (part) Westminster town Boxborough town Abington town Worcester city Burlington town Bridgewater town Cambridge city Brockton city Michigan Carlisle town Carver town Bay County Chelmsford town Duxbury town Berrien County Concord town East Bridgewater town Calhoun County Dracut town Halifax town Clinton County Dunstable town Hanover town Eaton County Everett city Hanson town Genesee County Framingham town Hingham town Ingham County Groton town Hull town Jackson County Holliston town Kingston town Kalamazoo County Hopkinton town Lakeville town Kent County Hudson town Marion town Lapeer County Lexington town Marshfield town Livingston County Lincoln town Mattapoisett town Macomb County Littleton town Middleborough town Midland County Lowell city Norwell town Monroe County Malden city Pembroke town Muskegon County Marlborough city Plymouth town Oakland County Maynard town Plympton town Ottawa County Medford city Rochester town Saginaw County Melrose city Rockland town St. Clair County Natick town Scituate town Washtenaw County Newton city West Bridgewater town Wayne County North Reading town Whitman town Pepperell town Suffolk County Minnesota Reading town Boston city Anoka County Sherborn town Chelsea city Benton County Shirley town Revere city Carver County Somerville city Winthrop town Chisago County Stoneham town Worcester County (part) Clay County Stow town Ashburnham town Dakota County Sudbury town Auburn town Hennepin County Tewksbury town Barre town Isanti County Townsend town Berlin town Olmsted County Tyngsborough town Blackstone town Ramsey County Wakefield town Bolton town **St. Louis County Waltham city Boylston town Scott County Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30083

Sherburne County Exeter town New York County **Stearns County Greenland town Niagara County Washington County Hampstead town Oneida County Wright County Hampton town Onondaga County Kingston town Ontario County Mississippi Londonderry town Orange County DeSoto County New Castle town Orleans County Hancock County Newfields town Oswego County Harrison County Newington town Putnam County Hinds County Newmarket town Queens County Jackson County Newton town Rensselaer County Madison County North Hampton town Richmond County Rankin County Plaistow town Rockland County Portsmouth city Saratoga County Missouri Rye town Schenectady County Boone County Salem town Suffolk County Buchanan County Sandown town Tioga County Cass County Seabrook town Warren County Christian County Stratham town Washington County Clay County Windham town Wayne County Crawford County (part) Strafford County (part) Westchester County Sullivan city Barrington town Franklin County Dover city North Carolina Greene County Durham town Alamance County Jackson County Farmington town Alexander County Jasper County Lee town Buncombe County Jefferson County Madbury town Burke County Lafayette County Milton town Cabarrus County Newton County Rochester city Catawba County Platte County Rollinsford town Cumberland County Ray County Somersworth city Davidson County St. Charles County Davie County St. Louis City New Jersey Durham County St. Louis County Atlantic County Forsyth County Bergen County Franklin County Montana Burlington County Gaston County **Cascade County Camden County Guilford County **Yellowstone County Cape May County Lincoln County Nebraska Cumberland County Mecklenburg County Essex County New Hanover County Dakota County Gloucester County Onslow County Douglas County Hudson County Orange County Lancaster County Hunterdon County Randolph County Sarpy County Mercer County Rowan County Washington County Middlesex County Stokes County Nevada Monmouth County Union County Morris County Wake County **Clark County Ocean County Yadkin County **Washoe County Passaic County North Dakota New Hampshire Salem County Somerset County **Burleigh County Hillsborough County (part) Sussex County Cass County Amherst town Union County **Grand Forks County Bedford town Warren County **Morton County Brookline town Goffstown town New Mexico Ohio Hollis town Bernalillo County Allen County Hudson town **Santa Fe County Auglaize County Litchfield town **Dona Ana County Belmont County Manchester city Los Alamos County Butler County Merrimack town Carroll County Milford town New York Clark County Mont Vernon town Albany County Clermont County Nashua city Bronx County Cuyahoga County Pelham town Broome County Delaware County Wilton town Chautauqua County Fairfield County Merrimack County (part) Chemung County Franklin County Allenstown town Dutchess County Fulton County Hooksett town Erie County Geauga County Rockingham County (part) Greene County Greene County Atkinson town **Herkimer County Hamilton County Auburn town Kings County Jefferson County Brentwood town Livingston County Lake County Candia town Madison County Lawrence County Danville town Monroe County Licking County Derry town Montgomery County Lorain County East Kingston town Nassau County Lucas County 30084 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

Madison County Rhode Island Sevier County Mahoning County Bristol County Shelby County Medina County Barrington town Sullivan County Miami County Bristol town Sumner County Montgomery County Warren town Tipton County Pickaway County Kent County (part) Unicoi County Portage County Coventry town Union County Richland County East Greenwich town Washington County Stark County Warwick city Williamson County Summit County West Warwick town Wilson County Trumbull County Newport County (part) Texas Union County Jamestown town Bell County Warren County Little Compton town **Bexar County Washington County Tiverton town Bowie County Wood County Providence County **Brazoria County Burrillville town Brazos County Oklahoma Central Falls city Cameron County Canadian County Cranston city Collin County Cleveland County Cumberland town Comal County Comanche County East Providence city Coryell County Creek County Foster town Dallas County Garfield County Glocester town Denton County Logan County Johnston town Ector County McClain County Lincoln town Ellis County Oklahoma County North Providence town El Paso County **Osage County North Smithfield town Fort Bend County Pottawatomie County Pawtucket city Galveston County Rogers County Providence city Grayson County Sequoyah County Scituate town Gregg County Tulsa County Smithfield town Guadalupe County Wagoner County Woonsocket city Hardin County Washington County (part) **Harris County Oregon Exeter town Harrison County **Clackamas County Hopkinton town Hays County **Jackson County Narragansett town **Hidalgo County **Lane County North Kingstown town Jefferson County Marion County Richmond town Johnson County Multnomah County South Kingstown town Kaufman County Polk County Westerly town Liberty County Washington County Lubbock County Yamhill County South Carolina McLennan County Aiken County Midland County Pennsylvania Anderson County Montgomery County Adams County Berkeley County Nueces County Allegheny County Charleston County Orange County Beaver County Dorchester County Parker County Berks County Florence County Potter County Blair County Greenville County Randall County Bucks County Lexington County Rockwall County Cambria County Pickens County San Patricio County Carbon County Richland County Smith County Centre County Spartanburg County Tarrant County Chester County York County Taylor County Columbia County Tom Green County Cumberland County South Dakota Travis County Dauphin County Minnehaha County Victoria County Delaware County *Pennington County Waller County Erie County Webb County Tennessee Fayette County Wichita County Lackawanna County Anderson County Williamson County Lancaster County Blount County Utah Lebanon County Carter County Lehigh County Cheatham County Davis County Luzerne County Davidson County Salt Lake County **Lycoming County Dickson County Utah County Mercer County Grainger County Weber County Monroe County Hamilton County Vermont Montgomery County Hawkins County Chittenden County (part) Northampton County Jefferson County Burlington city Perry County Knox County Charlotte town Philadelphia County Madison County Colchester town Somerset County Marion County Essex town Washington County Montgomery County Hinesburg town Westmoreland County Robertson County Jericho town Wyoming County Rutherford County Milton town York County Sequatchie County Richmond town Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30085

St. George town West Virginia Appendix II Shelburne town Brooke County * Census tract numbers are shown below South Burlington city Cabell County each county name. Williston town Hancock County State Winooski city Kanawha County Franklin County (part) Marshall County County Georgia town Mineral County Tract Number Grand Isle County (part) Ohio County Grand Isle town Putnam County Alabama South Hero town Wayne County Baldwin Wood County Virginia 0101 Albemarle County Wisconsin 0102 0106 Alexandria city Brown County 0110 Amherst County Calumet County 0114 Arlington County Chippewa County Bristol city 0115 Dane County 0116 Botetourt County **Douglas County Campbell County Eau Claire County Mobile Charles City County Kenosha County 0059 Charlottesville city La Crosse County 0062 Chesapeake city **Marathon County 0066 Chesterfield County Milwaukee County 0072.02 Colonial Heights city Outagamie County Danville city Ozaukee County Tuscaloosa Dinwiddie County Racine County 0107 Fairfax city Rock County Arizona Fairfax County St. Croix County Falls Church city Sheboygan County Maricopa Fluvanna County Washington County Gloucester County 0101 Waukesha County Goochland County 0405.02 Winnebago County Greene County 0507 0611 Hampton city Wyoming 0822.02 Hanover County **Laramie County 5228 Henrico County Natrona County 7233 Hopewell city James City County Puerto Rico Pima Loudoun County Aguada Municipio 0044.05 Lynchburg city Aguadilla Municipio 0048 Manassas city Aguas Buenas Municipio 0049 Manassas Park city Anasco Municipio California New Kent County Arecibo Municipio Newport News city Barceloneta Municipio Butte Norfolk city Bayamon Municipio 0024 Petersburg city Cabo Rojo Municipio Pittsylvania County 0025 Caguas Municipio 0026 Poquoson city Camuy Municipio Portsmouth city 0027 Canovanas Municipio 0028 Powhatan County Carolina Municipio 0029 Prince George County Catano Municipio 0030 Prince William County Cayey Municipio 0031 Richmond city Cidra Municipio 0032 Roanoke city Corozal Municipio 0033 Roanoke County Dorado Municipio 0034 Salem city Fajardo Municipio 0035 Scott County Florida Municipio 0036 Stafford County Guaynabo Municipio Suffolk city Gurabo Municipio El Dorado Virginia Beach city Hatillo Municipio 0301.01 Washington County Hormigueros Municipio 0301.02 York County Humacao Municipio 0302 Washington Isabela Municipio 0303 Juana Diaz Municipio 0304.01 **Benton County Juncos Municipio 0304.02 Clark County Las Piedras Municipio 0305.01 **Franklin County 0305.02 King County 0305.03 Kitsap County * The list includes minor civil divisions (MCDs) 0306 Pierce County and places independent of MCDs (treated as pseudo-MCDs by the Bureau of the Census for 0310 **Snohomish County statistical purposes) in New England, and areas 0311 **Spokane County treated by the Bureau of the Census as the 0312 Thurston County equivalents of counties for statistical purposes. 0313 **Whatcom County ** Denotes counties that have eligible Census 0314 **Yakima County Tracts—see Appendix II. 0315 30086 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

Fresno 0113 0210 0040 0114.01 0212.01 0063 0114.02 0212.02 0064.01 0115 0213 0064.03 Placer San Joaquin 0065 0066 0201.01 0040 0067 0201.02 0044 0068 0202 0045 0071 0203 0052.01 0072 0204 0052.02 0073 0216 0053.02 0074 0217 0053.03 0077 0219 0053.04 0078 0220 0054 0079 Riverside 0055 0080 0421 Santa Barbara 0081 0427.02 0082 0018 0427.03 0083 0019.03 0429 0084.01 0430 Santa Clara 0084.02 0431 5117.04 Kern 0432 5118 0444 0033.01 5125.01 0452.02 0033.02 5127 0453 0034 0454 Shasta 0035 0455 0036 0126 0456.01 0037 0127 0456.02 0040 1504 0457.01 0041 0457.02 Sonoma 0042 0458 0043 1506.04 0459 1537.01 0044 0460 0045 1541 0461 1542 0046 0462 0047 1543 0048 San Bernardino Stanislaus 0049 0089.01 0001 0050 0089.02 0051.01 0002.01 0090.01 0032 0052 0090.02 0053 0033 0091.01 0034 0054 0091.02 0055.01 0035 0093 0036.05 0055.02 0094 0056 0037 0095 0038 0057 0096.01 0058 0039.01 0096.02 0039.02 0059 0096.03 0060 0097.01 Tulare 0061 0097.03 0002 0063 0097.04 0003 0098 Los Angeles 0004 0099 0005 5990 0100.01 5991 0006 0100.02 0007 9001 0102.01 9002 0026 0102.02 0028 9004 0103 9012.02 0040 0104.01 0043 9100 0104.02 0044 9101 0104.03 9108.02 0105 Ventura 9109 0106 0001 9110 0107 0002 9200.01 0046 9201 San Diego 0075.01 9202 0189.01 9203.03 0189.02 Colorado 9301 0190 0191.01 Adams Monterey 0208 0084 0109 0209.01 0085.13 0112 0209.02 0087.01 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30087

El Paso 0155 0019 0156 0038 Nevada 0039.01 0157 0046 0158 Clark 0159 0057 Larimer 0160 0058 0161 0014 0059 0017.02 Kansas 0019.02 Washoe 0020.01 Butler 0031.04 0022 0201 0032 Pueblo 0203 0033.01 0204 0033.02 0028.04 0205 0033.03 0032 0209 0033.04 0034 0034 Louisiana Weld New Mexico Rapides 0019.02 Dona Ana 0020 0106 0024 0135 0014 0025.01 0136 0019 0025.02 Terrebonne Santa Fe Florida 0122 0101 0123 0102 Collier 0103.01 0111 Minnesota New York 0112 St. Louis 0113 Herkimer 0114 0105 0112 0101 Dade 0113 0105.02 0115 0114 0107 0121 0108 Marion 0122 0109 0002 0123 0110.01 0004 0124 0110.02 0005 0125 0111 0027 0126 0112 0127 0113.01 Osceola 0128 North Dakota 0401.01 0129 0401.02 0130 Burleigh 0402.01 0131 0114 0402.02 0132 0115 0403.01 0133 0403.02 0134 Grand Forks 0404 0135 0114 0405.01 0137.01 0115 0405.02 0137.02 0116 0405.03 0138 0118 0405.05 0139 0406 0141 Morton 0151 0205 Palm Beach 0152 0079.01 0153 Oklahoma 0154 0079.02 Osage 0080.01 0155 0103 0080.02 Stearns 0081.01 0104 0081.02 0103 0105 0082.01 0105 0106 0082.02 0106 0107 0082.03 0107 0108 0108 0083.01 Oregon 0083.02 0109 0110 Clackamas Polk 0111 0235 0125 Montana 0236 0126 0239 0127 Cascade 0240 0142 0105 0241 0143 0243 0144 Yellowstone 0152 0015 Jackson 0154 0016 0024 30088 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

0027 Washington Illinois, Indiana, Wisconsin Dallas, TX—214–767–7500 Lane Benton Louisiana, Mississippi, Texas 0001 0116 Denver, CO—303–969–6750 0005 0117 Arizona, Colorado, Nebraska, New Mexico, 0007.01 0118 North Dakota, South Dakota, Utah, 0007.02 0119 Wyoming 0008 0120 0013 Detroit, MI—313–259–0056 Franklin 0014 Michigan, Ohio, West Virginia 0015 0208 Kansas City, KS—913–551–6728 Arkansas, Iowa, Kansas, Missouri, New 0016 King Mexico, Oklahoma Pennsylvania 0327 Los Angeles, CA—818–904–6339 0328 Lycoming California 0330 Philadelphia, PA—215–597–8313 0101 0331 0102 Delaware, District of Columbia, Maryland, Snohomish New Jersey, Pennsylvania South Dakota 0532 Seattle, WA—206–728–5314 Pennington 0536 Idaho, Montana, Nevada, Oregon, 0537 Washington 0116 0538 0117 [FR Doc. 96–15023 Filed 6–12–96; 8:45 am] Spokane Texas BILLING CODE 4160±15±P 0101 Bexar 0102 1720 0103.01 Indian Health Service 1821 0103.02 1916 0133 Reimbursement Rates for Calendar 0138 Year 1996 Brazoria 0143 0606 Whatcom Notice is given that the Director of 0609 0610 0110 Indian Health Service, under the authority of sections 321(a) and 322(b) 0611 Yakima 0612 of the Public Health Service Act (42 0018 0613 U.S.C. 248(a) and 249(b)) and section 0019 0614 601 of the Indian Health Care 0020 0615 0021 Improvement Act (25 U.S.C. 1601), has 0616 0022 approved the following reimbursement 0617 0023 rates for inpatient and outpatient 0618 0024 medical care in facilities operated by the 0619 0025 Indian Health Service for Calendar Year 0620.01 0026 0620.02 1996: Medicare, and Medicaid 0621 Wisconsin Beneficiaries and Beneficiaries of other 0622 Federal Agencies. Alternatively, with Douglas 0623 respect to Medicaid rates, Indian Health 0624 0303 Service Facilities may elect to receive 0625.01 Marathon payments as set forth under an 0625.02 approved State Medicaid plan. 0625.03 0017 0626.01 0018 Inpatient Hospital Per Diem Rate (Medicaid 0626.02 0020 Only) 0627 0021 0022 $736 (Lower 48) 0628 $930 (Alaska) 0629 0023 0630 Wyoming Part B Inpatient Ancillary Per Diem 0631 (Medicare Only) Laramie 0632 $405 (Lower 48) 0016 Harris $512 (Alaska) 0017 0354 0018 Outpatient Per Visit Rate (Medicare and 0544 Medicaid) 0546 Appendix III—Bureau of the Census Regional Information Service $147 (Lower 48) Hidalgo Atlanta, GA—404–730–3957 $233 (Alaska) 0223 Alabama, Florida, Georgia Outpatient Surgery (Medicare Only) 0224 Boston, MA—617–424–0501 0225 Connecticut, Maine, Massachusetts, New Established rates for freestanding Ambulatory 0226 Hampshire, Rhode Island, Vermont, Surgery Centers 0227 Upstate New York 0228 Charlotte, NC—704–344–6142 Consistent with previous annual rate 0230 Kentucky, North Carolina, South Carolina, revisions, these rates will be effective 0231 Tennessee, Virginia for services provided on/or after January 0243 Chicago, IL—708–562–1350 1, 1996. Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30089

Dated: March 25, 1996. for the proper performance of the applications and/or proposals, the disclosure Michael H. Trujillo, function of the agency, including of which would constitute a clearly Assistant Surgeon General, Director. whether the information will have unwarranted invasion of personal privacy. practical utility; (2) Evaluate the [FR Doc. 96–14952 Filed 6–12–96; 8:45 am] This notice is being published less accuracy of the agency’s estimate of the BILLING CODE 4160±16±M than fifteen days prior to the meeting burden of the proposed collection of due to the urgent need to meet timing information, including the validity of limitations imposed by the review and National Institutes of Health the methodology and assumptions used; funding cycle. (3) Enhance the quality, utility, and Proposed Collection; Comment clarity of the information to be (Catalog of Federal Domestic Assistance Request; Agricultural Health StudyÐA collected; and (4) Minimize the burden Programs Nos. 93.837, Heart and Vascular Prospective Cohort Study of Cancer of the collection of information on those Diseases Research; 93.838, Lung Diseases and Other Diseases Among Men and who are to respond, including the use Research; and 93.839, Blood Diseases and Women in Agriculture of appropriate automated, electronic, Resources Research, National Institutes of Health) SUMMARY: In compliance with the mechanical, or other technological requirement of Section 3506(c)(2)(A) of collection techniques or other forms of Dated: June 10, 1996. the Paperwork Reduction Act of 1995, information technology. Susan K. Feldman, for opportunity for public comment on FOR FURTHER INFORMATION: To request Committee Management Officer, NIH. proposed data collection projects, the more information on the proposed [FR Doc. 96–15056 Filed 6–12–96; 8:45 am] National Cancer Institute (NCI), the project or to obtain a copy of the data BILLING CODE 4140±01±M National Institutes of Health (NIH) will collection plans and instruments, publish periodic summaries of proposed contact Michael C.R. Alavanja, Dr. P.H., projects to be submitted to the office of Epidemiology and Biostatistics Program, National Institute of Environmental Management and Budget (OMB) for Division of Cancer Etiology, National Health Sciences; Notice of Closed review and approval. Cancer Institute, EPN 430, 6130 Meeting PROPOSED COLLECTION: Title: Executive Boulevard, Rockville, MD Agricultural Health Study—A 20852, or call (310) 496–9093, or E-mail Pursuant to Section 10(d) of the Prospective Cohort Study of Cancer and your request, including your address to: Federal Advisory Committee Act, as Other Diseases Among Men and Women alavanjamepndce.nci.nih.gov. amended (5 U.S.C. Appendix 2), notice in Agriculture. Type of Information COMMENTS DUE DATE: Comments is hereby given of the following Collection Request: Revision (0925– regarding this information collection are meeting: 0406, expiration 8/31/96). Need and Use best assured of having their full effect if Name of Committee: Environmental Health of Information Collection: The received by no later than August 12, Sciences Review Committee. Agricultural Health Study is in its third 1996. Date: July 29–30, 1996. year of data collection on a prospective Dated: May 31, 1996. Time: 8:30 a.m. to Adjournment. cohort of 75,000 farmers, their spouses, Philip D. Amoruso, Place: National Institute of Environmental and commercial applicators of NCI Executive Director. Health Sciences, Building 101, Conference pesticides from Iowa and North Rooms A and B, South Campus, Research [FR Doc. 96–15057 Filed 6–12–96; 8:45 am] Carolina. Baseline questionnaires have Triangle Park, North Carolina. BILLING CODE 4140±01±M been completed by these applicators Contact Person: Dr. Ethel Jackson, and by spouses of the farmer Scientific Review Administrator, P.O. Box applicators. National Heart, Lung, and Blood 12233, Research Triangle Park, NC 27709, These questionnaires collected Institute; Notice of Closed Meeting (919) 541–7826. information about demographics, Purpose: To review and evaluate grant occupational history, medical history Pursuant to Section 10(d) of the applications. and family medical history. Frequency Federal Advisory Committee Act, as The meeting will be closed in accordance of Response: Single time reporting. amended (5 U.S.C. Appendix 2), notice with the provisions set forth in secs. Affected Public: Individuals or is hereby given of the following Heart, 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. households, Farms. Type of Lung, and Blood Special Emphasis Applications and the discussions could Respondents: Private pesticide Panel (SEP) meeting: reveal confidential trade secrets or applicators and their spouses. The commercial property such as patentable Name of SEP: Sickle Cell Disease Therapy. material, and personal information annual reporting burden is as follows: Date: June 20–21, 1996. concerning individuals associated with the Estimated Number of Respondents: Time: 7:30 p.m. 13,590; Estimated Number of Responses Place: Holiday Inn, Chevy Chase, 5522 applications, the disclosure of which would per Respondent: 1.0; Average Burden Wisconsin Avenue, Chevy Chase, Maryland constitute a clearly unwarranted invasion of Hours Per Response: .6143; and, 20815. personal privacy. Estimated Total Annual Burden Hours Contact Person: Ivan Baines, Ph.D., Two (Catalog of Federal Domestic Assistance Requested: 8,348. The annualized cost Rockledge Center, Room 7184, 6701 Program Nos. 93.113, Biological Response to Rockledge Drive, Bethesda, MD 20892–7924, Environmental Health Hazards; 93.114, to respondents is estimated at: $83,480. (301) 435–0277. There are no Capital Costs to report. Applied Toxicological Research and Testing; Purpose/Agenda: To review and evaluate 93.115, Biometry and Estimation; 93.894, There are no Operating or Maintenance grant applications. Research and Manpower Development, The meeting will be closed in accordance Costs to report. National Institutes of Health) REQUEST FOR COMMENTS: Written with the provisions set forth in secs. Dated: June 10, 1996. comments and/or suggestions from the 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Applications and/or proposals and the Susan K. Feldman, public and affected agencies are invited discussions could reveal confidential trade Committee Management Officer, NIH. on one or more of the following points: secrets or commercial property such as (1) Evaluate whether the proposed patentable material and personal information [FR Doc. 96–15053 Filed 6–12–96; 8:45 am] collection of information is necessary concerning individuals associated with the BILLING CODE 4140±01±M 30090 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

National Institute of Mental Health; is hereby given of the following Division Dated: July 10, 1996. Notice of Closed Meetings of Research Grants Special Emphasis Susan K. Feldman, Panel (SEP) meetings: Committee Management Officer, NIH. Pursuant to Section 10(d) of the Federal Advisory Committee Act, as Purpose/Agenda: To review individual [FR Doc. 96–15055 Filed 6–12–96; 8:45 am] amended (5 U.S.C. Appendix 2), notice grant applications. BILLING CODE 4140±01±M is hereby given of the following Name of SEP: Clinical Sciences. Date: June 19–21, 1996. meetings of the National Institute of Time: 8:00 a.m. DEPARTMENT OF THE INTERIOR Mental Health Special Emphasis Panel: Place: Pooks Hill Marriott, Bethesda, MD. Agenda/Purpose: To review and evaluate Contact Person: Dr. Jules Selden, Scientific Office of the Assistant Secretary; grant applications. Review Administrator, 6701 Rockledge Drive, Water and Science Committee Name: National Institute of Room 4108, Bethesda, Maryland 20892, (301) Mental Health Special Emphasis Panel. 435–1785. Central Utah Project Completion Act; Date: July 1, 1996. This notice is being published less than 15 Wasatch County Water Efficiency Time: 11 a.m. days prior to the above meeting due to the Place: Parklawn Building, Room 9C–26, Project and Daniel Replacement urgent need to meet timing limitations Project 5600 Fishers Lane, Rockville, MD 20857. imposed by the grant review and funding Contact Person: Phyllis D. Artis, Parklawn cycle. AGENCIES: Building, Room 9C–26, 5600 Fishers Lane, The Department of the Rockville, MD 20857, Telephone: 301–443– Purpose/Agenda: To review Small Interior (Department); the Utah 6470. Business Innovation Research. Reclamation Mitigation and Name of SEP: Multidisciplinary Sciences. Committee Name: National Institute of Conservation Commission Date: July 3, 1996. Mental Health Special Emphasis Panel. (Commission); and the Central Utah Time: 12:00 p.m. Date: July 2, 1996. Water Conservancy District (District). Place: NIH, Rockledge 2, Room 5116, Time: 4 p.m. ACTION: Notice of availability of the Place: Parklawn, Room 9C–18, 5600 Telephone Conference. Contact Person: Dr. Lee Rosen, Scientific Draft Environmental Impact Statement Fishers Lane, Rockville, MD 20857. (DEIS): Contact Person: Angela L. Redlingshafer, Review Administrator, 6701 Rockledge Drive, Room 5116, Bethesda, Maryland 20892, (301) Parklawn, Room 9C–18, 5600 Fishers Lane, SUMMARY: Pursuant to section 102(2)(C) 435–1171. Rockville, MD 20857, Telephone: 301–443– of the National Environmental Policy 1367. Name of SEP: Clinical Sciences. Act of 1969, as amended, the Date: July 9–10, 1996. Committee Name: National Institute of Department, Commission, and the Mental Health Special Emphasis Panel. Time: 8:30 a.m. Place: Holiday Inn, Chevy Chase, MD. District have issued a joint Draft Date: July 3, 1996. Environmental Impact Statement (DEIS) Time: 11:30 a.m. Contact Person: Dr. Nancy Shinowara, Place: Parklawn Building, Room 9C–26, Scientific Review Administrator, 6701 for the Wasatch County Water Efficiency 5600 Fishers Lane, Rockville, MD 20857. Rockledge Drive, Room 5216, Bethesda, Project and Daniel Replacement Project Contact Person: Phyllis D. Artis, Parklawn Maryland 20892, (301) 435–1173. (WCWEP & DRP). The DEIS analyzes Building, Room 9C–26, 5600 Fishers Lane, Name of SEP: Multidisciplinary Sciences. alternatives and impacts associated with Rockville, MD 20857, Telephone: 301–443– Date: July 25–27, 1996. efficiency improvements in the 6470. Time: 6:30 p.m. management, delivery, and treatment of The meetings will be closed in accordance Place: Marriott Hotel, BWI Airport, water in Wasatch County. The project with the provisions set forth in secs. Baltimore, MD. includes the conversion of some open 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Contact Person: Dr. Bill Bunnag, Scientific irrigation systems to pressurized Applications and/or proposals and the Review Administrator, 6701 Rockledge Drive, discussions could reveal confidential trade pipeline systems, thus conserving water Room 5212, Bethesda, Maryland 20892, (301) and making sprinkler irrigation secrets or commercial property such as 435–1177. patentable material and personal information possible. Conserved water would be Name of SEP: Biological and Physiological concerning individuals associated with the provided to the Daniel Irrigation Sciences. applications and/or proposals, the disclosure Company as a replacement supply for Date: July 26, 1996. of which would constitute a clearly the terminated transbasin diversions unwarranted invasion of personal privacy. Time: 9:00 a.m. Place: Washington/Dulles Airport Marriott from the Strawberry River, located in This notice is being published less Hotel, Chantilly, VA. the Colorado River Basin. With the than fifteen days prior to the meetings Contact Person: Dr. Harish Chopra, termination of the diversions from the due to the urgent need to meet timing Scientific Review Administrator, 6701 Strawberry River, natural stream flows limitations imposed by the review and Rockledge Drive, Room 5112, Bethesda, would be re-established in the upper funding cycle. Maryland 20892, (301) 435–1169. Strawberry River, thus completing a (Catalog of Federal Domestic Assistance The meetings will be closed in accordance major mitigation commitment Program Numbers 93.242, 93.281, 93.282) with the provisions set forth in secs. associated with the Strawberry Dated: June 10, 1996. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C . Aqueduct and Collection System of the Applications and/or proposals and the Susan K. Feldman, Bonneville Unit. Colorado River Storage discussions could reveal confidential trade Committee Management Officer, NIH. Project power would be used, as part of secrets or commercial property such as the WCWEP & DRP project, to conserve [FR Doc. 96–15054 Filed 6–12–96; 8:45 am] patentable material and personal information water, improve efficiencies, and provide BILLING CODE 4140±01±M concerning individuals associated with the applications and/or proposals, the disclosure a replacement water supply. of which would constitute a clearly Public participation has occurred Division of Research Grants; Notice of unwarranted invasion of personal privacy. throughout the EIS process. A Notice of Closed Meetings (Catalog of Federal Domestic Assistance Intent was filed in the Federal Register Program Nos. 93.306, 93.333, 93.337, 93.393– in December 1992. Since that time, open Pursuant to Section 10(d) of the 93.396, 93.837–93.844, 93.846–93.878, houses, public meetings, and mail-outs Federal Advisory Committee Act, as 93.892, 93.893, National Institutes of Health, have been conducted to solicit amended (5 U.S.C. Appendix 2), notice HHS) comments and ideas. Any comments Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30091 received throughout the process have Dated: June 10, 1996. Olinghouse Environmental Impact been considered. Ronald Johnston, Statement Project Manager. For additional information, write to DATES: Written comments on the DEIS CUPCA Program Director, Department of the the above address or call Terri Knutson must be submitted or postmarked no Interior. at (702) 885–6156. later than August 13, 1996. Comments [FR Doc. 96–15008 Filed 6–12–96; 8:45 am] on the DEIS may also be presented BILLING CODE 4310±RK±P SUPPLEMENTARY INFORMATION: Alta Gold verbally or submitted in writing at the Company has submitted a Plan of public hearings to be held at the Operations for development of their following times and locations: Bureau of Land Management Olinghouse Gold Mine located approximately six miles west of • [NV±030±96±1990±02, N36±96±001P] 6:00 p.m., July 16, 1996; Wasatch Wadsworth, Nevada in Washoe County. County Middle School, 800 South 200 Notice of Intent To Prepare an The proposed operation includes; East, Heber City, Utah development and condemnation drilling • Environmental Impact Statement on a 6:30 p.m., July 17, 1996; Salt Lake Plan of Operations for Alta Gold necessary for development of future County Commission Chambers, 2001 Company in Washoe County, Nevada; operations; construction of an open pit South State, Salt Lake City, Utah and Notice of Scoping Period and and associated overburden and The public hearings are being held to Public Meeting interburden disposal areas; construction address two separate actions: (1) The of a heap leach pad for ore processing; Wasatch County Water Efficiency AGENCY: Bureau of Land Management, construction of recirculation and Project and Daniel Replacement Project, Carson City District Office. pregnant solution ponds; and and (2) the Provo River Restoration SUMMARY: Pursuant to section 102(2)(c) construction of mine facilities. There are Project. Each action should be of the National Environmental Policy approximately 4300 acres within the addressed separately. Testimony may be Act of 1969 and 43 CFR Part 3809, the proposed project area and 465 acres given on each of the two actions but Bureau of Land Management will be within the actual area of disturbance on should be made and identified as two directing the preparation of an the proposed mine site. separate presentations. In order to be Environmental Impact Statement to be The Environmental Impact Statement included as part of the hearing record, produced by a third-party contractor on will address: surface and groundwater written testimony must be submitted at the impacts of a proposed Plan of quantity and quality; geology and the time of the hearing. Verbal Operations for development of the minerals; air quality; vegetation testimony will be limited to 5 minutes Olinghouse Gold Mine, an open pit, resources; soils; wildlife; threatened, for each DEIS. Those wishing to give cyanide heap leach gold mine operated endangered, or candidate animal and testimony at a hearing should submit a by Alta Gold Company, in Washoe plant species; range resources; land uses registration form, included at the end of County, Nevada. The Bureau invites and access; recreation; social and the DEIS, to the address listed below by comments on the scope of the analysis. economic values; cultural resources; reclamation; hazardous materials; and July 15, 1996. EFFECTIVE DATES: An open-house cumulative impacts. These topics will meeting will be held July 3, 1996, from ADDRESSES: Comments on the DEIS be evaluated by an interdisciplinary 5 p.m. to 8 p.m., at the Washoe County should be addressed to: Karen Ricks, team and will include review of the Commissioners Chambers, 1001 E. Project Manager, Central Utah Water Plan of Operations as well as other Ninth Street, Reno to allow the public Conservancy District, 355 West 1300 pertinent environmental documents and an opportunity to identify issues and South, Orem, Utah 84058. studies. A range of alternatives concerns to be addressed in the (including but not limited to alternative FOR FURTHER INFORMATION: Additional Environmental Impact Statement. This reclamation measures and the no-action copies of the DEIS, copies of the meeting will be a joint effort by the alternative), as well as mitigating resources technical reports, or Bureau and Washoe County. measures, will be considered to evaluate information on matters related to this Representatives of Alta Gold Company and minimize environmental impacts notice can be obtained on request from: will be available to answer questions and to assure that the proposed action Ms. Nancy Hardman, Central Utah about the Plan of Operations. Additional does not result in undue or unnecessary Water Conservancy District, 355 West scoping meetings may be held as 1300 South, Orem, Utah 84058, degradation of public lands. appropriate. Written comments on the Federal, state, and local agencies and Telephone: (801) 226–7187, Fax: (801) Plan of Operations and the scope of the 226–7150. other individuals or organizations who Environmental Impact Statement will be may be interested in or affected by the Copies are also available for accepted until July 19, 1996. Bureau’s decision on the Plan of A Draft Environmental Impact inspection at: Operations are invited to participate in Statement is expected to be completed Central Utah Water Conservancy District the scoping process with respect to this by November 1996 and made available 355 West 1300 South, Orem, Utah environmental analysis. These entities for public review and comment. At that 84058 and individuals are also invited to time a Notice of Availability of the Draft submit comments on the Draft Utah Reclamation Mitigation and Environmental Impact Statement will be Conservation Commission, 111 East Environmental Impact Statement. published in the Federal Register. The It is important that those interested in Broadway, Suite 310, Salt Lake City, comment period on the Draft Utah 84111 the proposal participate in the scoping Environmental Impact Statement will be and commenting processes. Comments Department of the Interior, Natural 60 days from the date the Notice of should be as specific as possible. Resource Library, Serials Branch, 18th Availability is published. The tentative project schedule is as and C Streets, NW, Washington, D.C. FOR FURTHER INFORMATION CONTACT: follows: 20240 Scoping comments may be sent to: Begin Public Comment Period: June Department of the Interior, Central Utah District Manager, Bureau of Land 1996. Project Completion Act Office, 302 Management, 1535 Hot Springs Road, Issuance of Draft Environmental East 1860 South, Provo, Utah 84606. Carson City, NV 89706. ATTN: Impact Statement: November 1996. 30092 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

File Final Environmental Impact [NV±930±5700±10; N±60819] For a period of 45 days from the date Statement: February 1997. of publication in the Federal Register, Notice of Realty Action; Nevada Record of Decision: April 1997. interested parties may submit comments AGENCY: Bureau of Land Management, to the Elko District Office, Bureau of Begin Expansion of Operation: Spring Interior. Land Management, 3900 E. Idaho St., of 1997. ACTION: Notice. Elko, NV 89801. Any adverse comments The Bureau of Land Management’s will be evaluated by the State Director, scoping process for the Environmental SUMMARY: The following land in Elko who may sustain, vacate or modify this Impact Statement will include: (1) County, Nevada has been examined and realty action and issue a final Identification of issues to be addressed; identified as suitable for disposal by determination. In the absence of timely (2) Identification of viable alternatives; direct sale, including the mineral estate filed objections, this realty action will (3) Notification of interested groups, with no known value, under Section become a final determination of the individuals, and agencies so that 203 and Section 209 of the Federal Land Department of the Interior. additional information concerning these Policy and Management Act (FLPMA) of Dated: May 31, 1996. October 21, 1976 (43 U.S.C. 1713 and issues, or other additional issues, can be Helen Hankins, obtained. 1719) at no less than fair market value: District Manager. Dated: June 6, 1996. Mount Diablo Meridian, Nevada [FR Doc. 96–15005 Filed 6–12–96; 8:45 am] Karl Kipping, T. 47 N., R. 64 E., BILLING CODE 4310±HC±P Sec. 12, NE1⁄4NE1⁄4SW1⁄4, Associate District Manager, Carson City NW1⁄4NE1⁄4SW1⁄4, NE1⁄4NW1⁄4SW1⁄4. District. Comprising 30.0 acres, more or less. [FR Doc. 96–14956 Filed 6–12–96; 8:45 am] [NV±930±1990±01; NV±37171] BILLING CODE 4310±HC±P The above described land is being offered as a direct sale to Elko County. Notice of Addition of Lands to The land will not be offered for sale Proposed Withdrawal; Nevada until at least 60 days after the date of [OR±050±1020±00: GP6±0183] AGENCY: Bureau of Land Management, publication of this notice in the Federal Interior. Register. Notice of Meeting of John Day-Snake ACTION: Notice. Resource Advisory Council FOR FURTHER INFORMATION CONTACT: Detailed information concerning this SUMMARY: The Department of the Navy AGENCY: Bureau of Land Management, action is available for review at the has filed a request to add approximately Prineville District. Bureau of Land Management, 3900 E. 3,010 acres to their withdrawal Idaho Street, Elko, Nevada. application for the Fallon Range ACTION: Meeting of John Day-Snake SUPPLEMENTARY INFORMATION: The land Training Complex of the Naval Air Resource Advisory Council; Lewiston, has been identified as suitable for Station, Fallon, Nevada (formerly Idaho; July 22–24, 1996. disposal by the Wells Resource known as the Master Land Withdrawal). Management Plan. The land is not The original Notice of Proposed SUMMARY: A meeting of the John Day- needed for any resource program and is Withdrawal was published in the Snake Resource Advisory Council will not suitable for management by the Federal Register, 47 FR 46892, October be held on July 22, 1996, from 1 p.m. Bureau or another Federal department 21, 1982, and amended by 57 FR 43468, to 5 p.m. and on July 24, 1996 from 8 or agency. The proposal has been September 21, 1992, and 61 FR 2261, a.m. to 12:00 noon at the Ramada Inn, reviewed and approved by the Elko January 25, 1996. 621 21st Street, Lewiston, Idaho 83501. County Planning Commission. DATE: Comments should be received on Public comments will be received from The mineral estate, which has been or before September 11, 1996. 4 p.m. to 5 p.m. on Monday, July 22, found to have no known value, will be ADDRESS: Comments should be sent to 1996. Topics to be discussed are the conveyed simultaneously with the sale the Nevada State Director, BLM, 850 Interior Columbia Basin Ecosystem of the surface estate. Acceptance of the Harvard Way, P.O. Box 12000, Reno, Management Project and standards for direct sale offer will constitute an Nevada 89520. rangeland health and guidelines for application to purchase the mineral livestock grazing on the public lands. estate having no known value. A FOR FURTHER INFORMATION CONTACT: On July 23, the council will view nonrefundable fee of $50.00 will be Dennis J. Samuelson, BLM Nevada State noxious weed infestations on public and required with the purchase money. Office, 702–785–6507. private land in the Snake River Canyon. Failure to submit the purchase money SUPPLEMENTARY INFORMATION: On May The entire meeting is open to the public; and the nonrefundable filing fee for the 24, 1996, the Department of the Navy however, transportation into the Snake mineral estate within the time frame filed a request to add certain lands to River Canyon will not be provided to specified by the authorized officer will their existing withdrawal application. the public. result in cancellation of the sale. These lands are in addition to those The patent, when issued, will contain published in the Federal Register, 47 FR FOR FURTHER INFORMATION, CONTACT: the following reservations to the United 46892, October 21, 1982, 57 FR 43468, James L. Hancock, Bureau of Land States: September 21, 1992, and 61 FR 2261, Management, Prineville District Office, 1. A right-of-way thereon for ditches January 25, 1996. The following 3050 NE Third Street, Prineville, Oregon and canals constructed by the authority described public lands are to be 97754 or call 541–416–6700. of the United States, Act of August 30, withdrawn from settlement, sale, Dated: June 4, 1996. 1890, (43 U.S.C. 945). And will be location, or entry under the general land subject to: James L. Hancock, laws, including the mining laws, subject District Manager. Nev–050805, a powerline right-of-way grant to valid existing rights: held by Idaho Power Company. [FR Doc. 96–15004 Filed 6–12–96; 8:45 am] N–60489, an access road right-of-way grant Mount Diablo Meridian, Nevada BILLING CODE 4310±33±M held by Elko County. T. 16 N., R. 27 E., Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30093

Sec. 1, lots 1 to 7, inclusive, SW1⁄4NE1⁄4, Dated: June 6, 1996. Minerals Management Service S1⁄2NW1⁄4, SW1⁄4, and W1⁄2SE1⁄4; William K. Stowers, 1 1 Sec. 2, lots 1 to 4, inclusive, S ⁄2N ⁄2, and Lands Team Lead. Environmental Documents Prepared S1⁄2; for Proposed Oil and Gas Operations [FR Doc. 96–14955 Filed 6–12–96; 8:45 am] Sec. 11; N1⁄2; on the Gulf of Mexico Outer BILLING CODE 4310±HC±P Sec. 12, lots 1 and 2, W1⁄2NE1⁄4, and NW1⁄4. Continental Shelf (OCS) T. 16 N., R. 28 E., 1 1 AGENCY: Minerals Management Service, Sec. 5, lots 1 to 4, inclusive, and S ⁄2N ⁄2; Fish and Wildlife Service Sec. 6, lots 1 to 7, inclusive, S1⁄2NE1⁄4, Interior. SE1⁄4NW1⁄4, E1⁄2SW1⁄4, and SE1⁄4; ACTION: Publication of Revised Outer North American Wetlands Sec. 7, lots 1 and 2, E1⁄2NW1⁄4, and NE1⁄4. Continental Shelf Protraction Diagrams. Conservation Council; Meeting The area contains 3,010.48 acres in Announcement SUMMARY: Notice is hereby given that Churchill County. effective with this publication, the The additional lands are needed to AGENCY: Fish and Wildlife Service, following OCS Official Protraction change the approach to the Bravo 16 Interior. Diagrams, last revised on the date indicated, are on file and available for bombing range. The withdrawal would ACTION: Notice of meeting. establish a safety buffer for armed information only, in the Gulf of Mexico OCS Regional Office, New Orleans, overflights. SUMMARY: The North American Louisiana. In accordance with Title 43, Wetlands Conservation Council This withdrawal will be authorized Code of Federal Regulations, these (Council) will meet on July 10 to review under the Act of February 28, 1958, 43 Official Protraction Diagrams are the proposals for funding submitted U.S.C 155–158, and requires legislative basic record for the description of pursuant to the North American action by Congress. mineral and oil and gas lease sales in Wetlands Conservation Act. Upon the geographic areas they represent. For a period of 90 days from the date completion of the Council’s review, of publication of this notice, all persons proposals will be submitted to the REVISED MAPS* who wish to submit comments, Migratory Bird Conservation suggestions, or objections in connection Commission with recommendations for Latest revision with the addition of the 3,010 acres to funding. The meeting is open to the Description date the proposed withdrawal may present public. their views in writing to the Nevada Mississippi Canyon, NH16± May 1, 1996. State Director of the Bureau of Land DATES: July 10, 1996, 9:30 a.m. 10. Management. ADDRESSES: The meeting will be held at *Change includes the addition of block label Notice is hereby given that an open the Hampton Inn, 3985 Bennet Drive, 363A. house meeting in connection with the Hospitality Suite, Bellingham, FOR FURTHER INFORMATION: Copies of proposed withdrawal of the 3,010 acres Washington. The North American these Official Protraction Diagrams may identified in this notice and the 7,584 Wetlands Conservation Council be purchased for $2.00 each from the acres identified in the notice in 61 FR Coordinator is located at Fish and Public Information Unit (MS 5034), 2261, January 25, 1996, will be held on Wildlife Service, Arlington Square Minerals Management Service, Gulf of July 17, 1996, at the BLM Carson City Building, 4401 N. Fairfax Drive, Suite Mexico OCS Region, 1201 Elmwood District Office, 1535 Hot Springs Road, 110, Arlington, Virginia 22203. Park Boulevard, New Orleans, Louisiana Carson City, Nevada, from 4:00 p.m. to FOR FURTHER INFORMATION CONTACT: 70123–2394 or by telephone at (504) 6:00 p.m. The purpose of the open 736–2519. Bryon Kenneth Williams, Coordinator, house meeting is to provide an SUPPLEMENTARY INFORMATION: Technical opportunity for public involvement North American Wetlands Conservation Council, (703) 358–1784. comments or questions pertaining to regarding the addition of these lands to these maps should be directed to the the application. SUPPLEMENTARY INFORMATION: In Office of Leasing and Environment, For a period of 2 years from the date accordance with the North American Supervisor, Sales and Support Unit at of publication of this notice in the Wetlands Conservation Act (Pub. L. (504) 736–2768. 101–233, 103 Stat. 1968, December 13, Federal Register, the additional Dated: June 3, 1996. 1989, as amended), the North American described lands will be segregated, as Chris C. Oynes, specified above unless the application is Wetlands Conservation Council is a Federal-State-private body which meets Regional Director, Gulf of Mexico OCS Region. denied or canceled or the withdrawal is [FR Doc. 96–15006 Filed 6–12–96; 8:45 am] approved prior to that date. The to consider wetlands acquisition, BILLING CODE 4310±MR±M temporary uses which will be permitted restoration, enhancement and during this segregative period are rights- management projects for recommendation to and final approval of-way, leases, permits, or discretionary by the Migratory Bird Conservation National Park Service land use authorizations that do not Commission. Proposals from State, significantly disturb the surface of the 30 Day Notice of Submission to OMB; Federal, and private sponsors require a land or impair values of the resources. Opportunity for Public Comment minimum of 50 percent non-Federal The temporary segregation of the matching funds. AGENCY: National Park Service, additional land in connection with the Dated: June 4, 1996. Department of Interior. withdrawal application shall not affect John G. Rogers, ACTION: Notice of submission to OMB administrative jurisdiction over the and request for comments. land, and the segregation shall not have Director, U.S. Fish and Wildlife Service. the effect of authorizing any use of the [FR Doc. 96–15011 Filed 6–12–96; 8:45 am] SUMMARY: Under the provisions of the land by the Department of the Navy. BILLING CODE 4310±55±M Paperwork Reduction Act of 1995 30094 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

(Public Law 104–13, 44 U.S.C., Chapter Estimated average burden hours per AGENCY FOR INTERNATIONAL 3507 (a)(1)((D)) the National Park onsite interview: 4 minutes (for half DEVELOPMENT Service invites public comments on a study population). Housig Guaranty Program; Notice of proposed information collection request Estimted average number of Investment Opportunity (ICR), which has been submitted to respondents: 500. OMB for approval. Comments are The U.S. Agency for International invited on: (1) the need for the Estimated frequency of response: Development (USAID) has authorized information including whether the once. the guaranty of a loan to Fonds information has practical utility; (2) the Dated: June 4, 1996. d’Equipment Communal (FEC) accuracy of the reporting burden Terry N. Tesar, (‘‘Borrower’’) guarantied by the estimate; (3) ways to enhance the Information Collection Clearance Officer, Government of the Kingdom of Morocco quality, utility, and clarity of the Audit and Accountability Team Office, as part of USAID’s development information to be collected; and (4) National Park Service. assistance program. The proceeds of this ways to minimize the burden of the [FR Doc. 96–14951 Filed 6–12–96; 8:45 am] loan will be to provide infrastructure information collection on respondents, BILLING CODE 4310±70±M and environmental services for shelter including use of automated collection projects for the benefit of low-income techniques or other forms of information families in Morocco. At this time, the technology. Delaware and Lehigh Navigation Canal Borrower has authorized USAID to National Heritage Corridor THE PRIMARY PURPOSE OF THE PROPOSED request proposals from eligible lenders Commission Meeting ICR: To identify characteristics, use for a loan under this program of $15 patterns, perceptions and preferences of Million U.S. Dollars (US$15,000,000). AGENCY: National Park Service, Interior. visitors at Isle Royale National Park. The name and address of the Borrower’s Results will be used by managers in ACTION: Notice of meeting. representative to be contacted by ongoing planning and management to interested U.S. lenders or investment improve services, protect resources and SUMMARY: This notice announces an bankers, and the amount of the loan and better serve the visitors. upcoming meeting of the Delaware and project number are indicated below: DATES: Public comments will be Lehigh Navigation Canal National Fonds d’Equipment Communal (FEC) accepted for thirty days from the date Heritage Corridor Commission. Notice (Kingdom of Morocco) listed at the top of this page in the of this meeting is required under the Federal Register. Federal Advisory Committee Act (Public Project No.: 608–HG–004. Housing Guaranty Loan No.: 608–HG– ADDRESSES: Send comments to David W. Law 92–463). 007 A01. Lime, Ph.D., Senior Research Associate, Meeting Date and Time: Wednesday, Cooperative Park Studies Unit, Amount: U.S. $15,000,000. June 19, 1996; 1:30 p.m. until 4:30 p.m. Attention: Mr. Abdelghani Guezzar, Department of Forest Resources, Address: Commission Offices, 10 E. Directeur Financier du FEC, Fonds University of Minnesota, 115 Green Hall Church Street, Bethlehem, PA 18018. d’Equipement Communal. 1530 N. Cleveland Ave., St. Paul, MN Mailing address: Fonds d’Equipement 55108. The agenda for the meeting will focus Communal BP 8020, Rabat, Morocco. All responses to this notice will be on implementation of the Management Telex No.: 212–7–365–81. summarized and given to OMB. All Action Plan for the Delaware and Telefax No: 212–7–77–80–95 comments will become a matter of Lehigh Canal National Heritage Corridor and State Heritage Park. The (preferred communication). public record. Copies of the proposed Telephone No.: 212–777–8055 and ICR requirement can be obtained from Commission was established to assist the Commonwealth of Pennsylvania and 212–7–77–80–91. David W. Lime, Ph.D., Senior Research Interested lenders should contact the Associate, Cooperative Park Studies its political subdivisions in planning and implementing an integrated strategy Borrower as soon as possible and Unit, Department of Forest Resources, indicate their interest in providing University of Minnesota, 115 Green Hall for protecting and promoting cultural, historic and natural resources. The financing for the Housing Guaranty 1530 N. Cleveland Ave., St. Paul, MN Program. Interested lenders should 55108. Commission reports to the Secretary of the Interior and to Congress. submit their bids to the Borrower’s For further information contact Dave representative by Tuesday, June 25, Lime, 612–624–2250. SUPPLEMENTARY INFORMATION: The 1996, 12:00 noon Eastern Daylight Time. SUPPLEMENTARY INFORMATION: Delaware and Lehigh Navigation Canal Bids should be open for a period of 48 National Heritage Corridor Commission hours from the bid closing date. Copies Title: Isle Royale National Park was established by Public Law 100–692, of all bids should be simultaneously Visitor Use Study. November 18, 1988. sent to the following: Ms. Erna Kerst, Form: none. Housing and Urban Development Office, OMB Number: FOR FURTHER INFORMATION CONTACT: Deputy Director, Delaware and Lehigh RHO USAID/Rabat, Morocco, c/o Expiration date: American Embassy, PSC 74, Box 022, Type of request: visitor use survey. Navigational Canal, National Heritage Corridor Commission, 10 E. Church APO AE 09718, (Street address: USAID/ Description of need: for Park planning Street, Room P–208, Bethlehem, PA Rabat, 137 Avenue Allal Ben Abdellah, and management. 18018, (610) 861–9345. B.P. 120, Rabat, Morocco. Description of respondents: Telex No: 31005M. Individuals who visit Isle Royale Dated: May 22, 1996. Telefax No: 212–7–70–79–30 National Park. David B. Witwer, (preferred communication). Estimated annual reporting burden: Deputy Director, Delaware and Lehigh Telephone No.: 212–7–76–22–65, ext. 187 burden hours. Navigation Canal, NHC Commission. 2346. Estimated average burden hours per [FR Doc. 96–15075 Filed 6–12–96; 8:45 am] Address: Mr. Peter Pirnie, U.S. questionnaire: 20 minutes. BILLING CODE 6820±PE±M Agency for International Development, Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30095

Office of Environment and Urban thereafter, subject to approval by and community-based entities under Programs, G/ENV/UP, Room 409, SA– USAID. Disbursements under the loan COPS innovative community policing 18, Washington, D.C. 20523–1822. will be subject to certain conditions (ICOP). Eligible applicants for Problem- Telex No: 892703 AID WSA. required of the Borrower by USAID as Solving Partnerships are all state, local, Telefax No: (703) 875–4639 or (703) set forth in agreements between USAID Indian Tribal, and other public law 875–4384 (preferred communication). and the Borrower. enforcement agencies committed to the Telephone No: (703) 875–4300 or The full repayment of the loans will philosophy of community policing. (703) 875–4510. be guaranteed by USAID. The USAID DATES: Problem-Solving Partnerships For your information the Borrower is guaranty will be backed by the full faith applications will be available mid June, currently considering the following and credit of the United States of 1996. Completed proposals postmarked terms: America and will be issued pursuant to on or before July 22, 1996 will be (1) Amount: U.S. $15 million. authority in Section 222 of the Foreign considered under Round I. Proposals (2) Term: 30 years. Assistance Act of 1961, as amended (the postmarked after July 22, 1996, but (3) Grace Period: Ten years grace on ‘‘Act’’). postmarked on or before August 15, repayment of principal. (During grace Lenders eligible to receive the USAID 1996, will be considered under Round period, semi-annual payments of guaranty are those specified in Section II. interest only). If variable interest rate, 238(c) of the Act. They are: (1) U.S. ADDRESSES: Problem-Solving repayment of principal to amortize in citizens; (2) domestic U.S. corporations, Partnerships Application Kits and the equal, semi-annual installments over the partnerships, or associations companion guide, ‘‘Problem-Solving remaining 20-year life of the loan. If substantially beneficially owned by U.S. Tips: A Guide to Reducing Crime and fixed interest rate, semi-annual level citizens; (3) foreign corporations whose Disorder Through Problem-Solving payments of principal and interest over share capital is at least 95 percent Partnerships’’ will be mailed to all the remaining 20-year life of the loan. owned by U.S. citizens; and, (4) foreign current COPS grantees, or my be (4) Interest Rate: Alternatives of both partnerships or associations wholly obtained by calling the Department of fixed and variable rates, are requested. owned by U.S. citizens. Justice Response Center, (202) 307–1480 (a) Fixed Interest Rate: If rates are to To be eligible for the USAID guaranty, of 1–800–421–6770, or the full be quoted based on a spread over an the loans must be repayable in full no application and guide is also available index, the lender should use as its index later than the thirtieth anniversary of on the COPS Office web site at: http:// a long bond, specifically the 6% U.S. the disbursement of the principal www.usdoj.gov/cops/. Completed Treasury Bond due February 15, 2026. amount thereof and the interest rates applications should be sent to Problem- Such rate is to be set at the time of may be no higher than the maximum Solving partnerships, COPS Office, 1100 acceptance. rate established from time to time by Vermont Avenue, N.W., Washington, (b) Variable Interest Rate: To be based USAID. D.C. 20530. on the six-month British Bankers Information as to the eligibility of Association LIBOR, preferably with FOR FURTHER INFORMATION CONTACT: The investors and other aspects of the Department of Justice Crime Bill terms relating to Borrower’s right to USAID housing guaranty program can convert to fixed. The rate should be Response Center, (202) 307–1480 or 1– be obtained from: Ms. Viviann Gary, 800–421–6770. adjusted weekly. Director, Office of Environment and (5) Prepayment: Urban Programs, U.S. Agency for SUPPLEMENTARY INFORMATION: (a) Offers should include any options International Development, Room 409, Overview for prepayment and mention SA–18, Washington, D.C. 20523–1822. prepayment premiums, if any, and Fax Nos: (703) 875–4384 or 875–4639. The Violent Crime Control and Law specify the earliest date the option can Telephone: (703) 875–4300. Enforcement Act of 1994 (Pub. L. 103– be exercised without penalty. 322) authorizes the Department of (b) Only in an extraordinary event to Dated: June 10, 1996. Justice to make grants to increase assure compliance with statutes binding Michael G. Kitay, deployment of law enforcement officers USAID, USAID reserves the right to Assistant General Counsel, Bureau for Global devoted to community policing on the accelerate the loan (it should be noted Programs, Field Support and Research, U.S. streets and rural routes in this nation. that since the inception of the USAID Agency for International Development. Problem-Solving Partnerships is Housing Guaranty Program in 1962, [FR Doc. 96–15029 Filed 6–12–96; 8:45 am] designed to provide policing agencies USAID has not exercised its right of BILLING CODE 6116±01±M and community based entities with a acceleration). unique opportunity to work together to (6) Fees: Offers should specify the address persistent crime and disorder placement fees and other expenses, DEPARTMENT OF JUSTICE problems through innovative including USAID fees and Paying and community policing Transfer Agent fees. Lenders are Office of Community Oriented Policing Problem-Solving Partnerships grants requested to include all legal fees and Services; FY 1996 Community Policing will permit eligible agencies to fund out-of-pocket expenses in their Discretionary Grants resources that enhance a community’s placement fee. Such fees and expenses AGENCY: Office of Community Oriented ability to do creative problem solving. shall be payable at closing from the Policing Services, Department of Justice. These resources may include computer proceeds of the loan. All fees should be ACTION: Notice of availability. technology, such as geographic clearly specified in the offer. information systems/mapping, crime (7) Closing Date: As early as SUMMARY: The Department of Justice, analysis personnel, subject matter practicable, but not to exceed 60 days Office of Community Oriented Policing experts, neighborhood and from date of selection of lender. Services (‘‘COPS’’) announces the environmental surveys, victim/offender Selection of investment bankers and/ availability of grants to fund resources interviews, community organizers, and or lenders and the terms of the loan are that enhance a community’s ability to training and technical assistance in initially subject to the individual do creative problem solving through collaborative problem solving. discretion of the Borrower, and partnerships between policing agencies Applications will be available in mid 30096 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

June, 1996. Applications for Action No. C 96–2082 (N.D. Cal.) on 624–0892. A copy of the proposed consideration under Round I must be June 5, 1996, with the United States consent decree may be obtained in postmarked on or before July 22, 1996. District Court for the Northern District person or by mail from the Consent Applications postmarked after July 22, of California. The case is a civil action Decree Library, 1120 G Street, N.W., 4th 1996, but postmarked on or before under Section 113(b) of the Clean Air Floor, Washington, D.C. 20005. To August 15, 1996, will be considered Act (‘‘Act’’), 42 U.S.C. 7413(b), for request a copy of the consent decree in under Round II. violations of provisions of the Act and United States v. Chevron U.S.A. Inc. Applicants are required to focus on of the regulations for New Source and Chevron Pipe Line Company, please one specific crime or disorder problem. Performance Standards (‘‘NSPS’’) in refer to that case and DOJ Nos. 90–5–2– These include: residential or subparts Ka and Kb of Part 60 of 40 CFR 1–1965 and 90–11–3–1398 and enclose commercial burglary; auto theft; larceny; that require all openings in the roofs of a check for the amount of $4.50. Your homicide; assault; rape/sexual assault; petroleum storage tanks that are subject check should be payable to the Consent alcohol-related problems; street-level to the regulations to be sealed or Decree Library. drug dealing or drug-related problems; covered. Joel Gross, vandalism, prostitution or other The violations of the NSPS Chief, Environmental Enforcement Section, disorder problems. Applicants will regulations involved Chevron’s Environment and Natural Resources Division. conduct an in-depth inquiry into the Richmond Refinery in Richmond, [FR Doc. 96–14978 Filed 6–12–96; 8:45 am] causes of the problem, develop tailor- California and Chevron’s pipeline BILLING CODE 4410±01±M made responses to it, and assess the transfer station in La Mirada, California. impact of those responses. Petroleum storage tanks at these Problem-Solving Partnerships is facilities have ‘‘guideposts’’ that pass Notice of Lodging of Consent Decrees expected to be a very competitive grant through the roofs of the storage tanks. Pursuant to the Clean Air Act program. Up to $40,000,000 in Problem- The complaint alleges that the Solving partnership grants will be defendant’s use of ‘‘slotted’’ In accordance with Departmental awarded. No local match is required, guidepoles—guidepoles perforated by a policy, 28 CFR 50.7, notice is hereby but applicants are encouraged to series of slots along the length of the given that a consent decree was lodged contribute cash or in-kind resources to pole—violate NSPS that require all in U.S. v. Mobil Oil Corp., Civil Action their proposed projects. A minimum of openings in the roofs of petroleum No. CV 96–3981–RSWL (SHx) (C.D. 5 percent of the grant award must be storage tanks to be sealed or covered. Cal.) on June 5, 1996, with the United used to evaluate the impact of the The complaint seeks injunctive relief to States District court for the Central problem-solving effort on the targeted ensure future compliance with the District of California. The case is a civil crime or disorder problem. Grant funds NSPS regulations. Under the consent action under Section 113(b) of the Clean must be used to supplement, and not decree, Chevron Richmond will retofit a Air Act (‘‘Act’’), 42 U.S.C. § 7413(b), for supplant, state or local funds that total of 18 tanks with agreed upon violations of provisions of the Act and otherwise would be devoted to public emission control equipment and of the regulations for New Source safety activities. Chevron La Mirada will retrofit one Performance Standards (‘‘NSPS’’) in Law enforcement agencies generally tank. After retrofitting the specified subparts Ka and Kb of Part 60 of 40 CFR must partner with a non-profit, tanks, the defendant is required to that require all openings in the roofs of community-based entity or municipal operate the emissions control petroleum storage tanks that are subject agency. Such a partnership must be equipment specified by its consent to the regulations to be sealed or outlined in a collaboration agreement decree in compliance with the Clean Air covered. that accompanies the application. Law Act and its consent decree. The violations of the NSPS enforcement agencies (primary The Department of Justice will regulations involved Mobil’s Torrance applicants) only may submit one receive, for a period of thirty (30) days Refinery, located in Los Angeles application. Community-based entities from the date of this publication, County, California. Petroleum storage (secondary applicants) may partner with comments relating to the proposed tanks at this facility have ‘‘guidepoles’’ one or more law enforcement agencies consent decree. Comments should be that pass through the roofs of the storage and, therefore, may appear in more than addressed to the Assistant Attorney tanks. The complaint alleges that the one application. General for the Environment and defendant’s use of ‘‘slotted’’ An award under the Problem-Solving Natural Resources Division, Department guidepoles—guidepoles perforated by a Partnerships grant program will not of Justice, Washington, D.C. 20530, and series of slots along the length of the affect the eligibility of an agency to copied to Helen Kang, Environmental pole—violate NSPS that require all receive awards under any other COPS Enforcement Section, U.S. Department openings in the roofs of petroleum program. of Justice, 301 Howard Street, Suite 870, storage tanks to be sealed or covered. Dated: Dated June 6, 1996. San Francisco, CA 94105, and should The complaint seeks injunctive relief to Joseph E. Brann, refer to U.S. v. Chevron U.S.A. Inc. and ensure future compliance with the Director. Chevron Pipe Line Company, DOJ Nos. NSPS regulations. Under the consent 90–11–3–1398 and 90–5–2–1–1965. decree, Mobil will retrofit a total of 20 [FR Doc. 96–14973 Filed 6–12–96; 8:45 am] The proposed Chevron consent decree tanks with agreed upon emission BILLING CODE 4410±01±M may be examined at the office of the control equipment. After retrofitting the United States Attorney, Northern specified tanks, the defendant is Notice of Lodging of Consent Decrees District of California, 450 Golden Gate required to operate the emissions Pursuant to the Clean Air Act Avenue, San Francisco, California control equipment specified by its 94102; the Region IX Office of the consent decree in compliance with the In accordance with Departmental Environmental Protection Agency, 75 Clean Air Act and its consent decree. policy, 28 CFR 50.7, notice is hereby Hawthorne Street, San Francisco, The Department of Justice will given that a consent decree was lodged California 94105; and at the Consent receive, for a period of thirty (30) days in U.S. v. Chevron U.S.A. Inc. and Decree Library, 1120 G Street, N.W., 4th from the date of this publication, Chevron Pipe Line Company, Civil Floor, Washington, D.C. 20005, (202) comments relating to the proposed Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30097 consent decree. Comments should be Pursuant to the consent decrees, Notice of Lodging of Consent Decrees addressed to the Assistant Attorney sixteen settling parties, including two Pursuant to the Clean Air Act General for the Environment and agencies of the United States, will pay Natural Resources Division, Department approximately $6.656 million to resolve In accordance with Departmental of Justice, Washington, D.C. 20530, and their liability for the performance of policy, 28 CFR 50.7, notice is hereby copied to Richard L. Beal, remedial actions at the Site, and for given that a consent decree was lodged Environmental Enforcement Section, reimbursement of costs incurred by the in U.S. versus Ultramar Inc., Civil U.S. Department of Justice, 301 Howard United States at the Site. Some of those Action No. CV 96–3983–GHK (ASWx) Street, Suite 870, San Francisco, CA parties will also perform the remedial (C.D. Cal.), on June 5, 1996, with the 94105, and should refer to U.S. v. Mobil actions selected by the United States United States District Court for the Central District of California. The case is Oil Corp., DOJ No. 90–5–2–1–1994. Environmental Protection Agency for a civil action under Section 113(b) of The proposed Mobil consent decree the Site. The actions include capping an the Clean Air Act (‘‘Act’’), 42 U.S.C. may be examined at the office of the area where a pesticide formulation 7413(b), for violations of provisions of United States Attorney, Central District facility was once located and dredging the act and of the regulations for New of California, 1100 United States sediments from two nearby harbor areas. Source Performance Standards Courthouse, 312 North Spring Street, The four decrees also provide for the (‘‘NSPS’’) in subpart Ka of Part 60 of 40 Los Angeles, California 90012; the payment of $400,000 to the federal C.F.R. that require all openings in the Region IX Office of the Environmental natural resource trustees, the roofs of petroleum storage tanks that are Protection Agency, 75 Hawthorne Department of the Interior and the subject to the regulations to be sealed or Street, San Francisco, California 94105; National Oceanic and Atmospheric and the Consent Decree Library, 1120 G covered. Administration, as damages for natural The violations of the NSPS Street, N.W., 4th Floor, Washington, resource injuries and in reimbursement D.C. 20005, (202) 624–0892. A copy of regulations involved Ultramar Inc.’s of damage assessment costs. (‘‘Ultramar’s’’) Wilmington Refinery, the proposed consent decree may be As provided in 28 CFR 50.7 and which is located in Wilmington, obtained in person or by mail from the consistent with 42 U.S.C. 9622(d)(2)(B), California, Los Angeles County, Consent Decree Library, 1120 G Street, the Department of Justice will, for a California. A petroleum storage tank at N.W., 4th Floor, Washington, D.C. period of thirty (30) days from the date this facility has a ‘‘guidepole’’ that 20005. To request a copy of the consent of this publication, receive comments passes through the roof of the storage decree in United States v. Mobile Oil from persons who are not named as tank. The complaint alleges that the Corp., please refer to that case and DOJ parties to this action relating to the defendant’s use of a ‘‘drilled’’ No. 90–5–2–1–1994 and enclose a check proposed Consent Decrees for a period guidepole—a guidepole perforated by a in the amount of $4.25. Your check of thirty days from the date of this series of holes along the length of the should be payable to the Consent Decree publication. Comments should be pole—violates NSPS that require all Library. addressed to the Assistant Attorney openings in the roofs of petroleum Joel Gross, General of the Environment and Natural storage tanks to be sealed or covered. Chief, Environmental Enforcement Section, Resources Division, Department of Environment and Natural Resources Division. The complaint seeks injunctive relief Justice, Washington, D.C. 20530. All to ensure future compliance with the [FR Doc. 96–14979 Filed 6–12–96; 8:45 am] comments should refer to United States NSPS regulations. Under the consent BILLING CODE 4410±01±M v. Montrose Chemical Corporation of decree, Ultramar will retrofit the tank California, D.J. Ref. 90–11–3–598. with agreed upon emission control The proposed consent decrees may be equipment. After retrofitting the tank, Notice of Lodging of Consent Decrees examined at the office of the United the defendant is required to operate the Pursuant to the Comprehensive States Attorney, Northern District of emissions control equipment specified Environmental Response, California, 450 Golden Gate Avenue, by its consent decrees in compliance Compensation, and Liability Act San Francisco, California 94102; the with the Clean Air Act and its consent Region IX Office of the Environmental In accordance with Departmental decree. policy, 28 CFR § 50.7, and 42 U.S.C. Protection Agency, 75 Hawthorne The Department of Justice will 9622(d)(2)(B), notice is hereby given Street, San Francisco, California 94105; receive, for a period of thirty (30) days that four consent decrees were lodged in and at the Consent Decree Library, 1120 from the date of this publication, United States v. Montrose Chemical G Street, N.W., 4th Floor, Washington, comments relating to the proposed Corporation of California, consolidated D.C. 20005, (202) 624–0892. Copies of consent decree. Comments should be with Levin Metals Corp. v. Parr- the proposed consent decrees may be addressed to the Assistant Attorney Richmond Terminal Company, Civil obtained in person or by mail from the General for the Environment and Action No. C 96–02103 MEJ (N.D. Cal.), Consent Decree Library, 1120 G Street, Natural Resources Division, Department on June 6, 1996, with the United States N.W., 4th Floor, Washington, D.C. of Justice, Washington, D.C. 20530, and District Court for the Northern District 20005. In requesting a copy please refer copied to Robert R. Klotz, of California. The complaint in that to the referenced case and enclose a Environmental Enforcement Section, action alleges that defendants are liable check in the amount of $154.75 (25 U.S. Department of Justice, 301 Howard under the Comprehensive cents per page reproduction costs) for Street, Suite 870, San Francisco, CA Environmental Response, Compensation all four consent decrees with all 94105, and should refer to United States and Liability Act for cleanup and cost exhibits, and $56.50, for all four consent v. Ultramar Inc., DOJ No. 90–5–2–1– recovery at the United Heckathorn decrees without exhibits, payable to the 2002. National Priorities List Superfund Site Consent Decree Library. The proposed Ultramar consent in Richmond, California (‘‘Site’’). The Joel Gross, decree may be examined at the office of complaint also alleges that defendants Chief, Environmental Enforcement Section, the United States Attorney, Central are liable for damages for injury to, Environment and Natural Resources Division. District of California, 1100 United States destruction of, and loss of natural [FR Doc. 96–14981 Filed 6–12–96; 8:45 am] Courthouse, 312 North Spring Street, resources at or using the Site. BILLING CODE 4410±01±M Los Angeles, California 90012, or at the 30098 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

Region IX Office of the Environmental control equipment. After retrofitting the (1) the identities of the parties and (2) Protection Agency, 75 Hawthrone specified tanks, the defendant is the nature and objectives of the venture. Street, San Francisco, California 94105; required to operate the emissions The notifications were filed for the and at the Consent Decree Library, 1120 control equipment specified by its purpose of invoking the Act’s provisions G Street, N.W., 4th Floor, Washington, consent decree in compliance with the limiting the recovery of antitrust D.C. 20005, (202) 624–0892. A copy of Clean Air Act and its consent decree. plaintiffs to actual damages under the proposed consent decree may be The Department of Justice will specified circumstances. Pursuant to obtained in person or by mail from the receive, for a period of thirty (30) days Section 6(b) of the Act, the identities of Consent Decree Library, 1120 G Street, from the date of this publication, the parties are: Motorola, Inc., N.W., 4th Floor, Washington, D.C. comments relating to the proposed Schaumburg, IL; the Boeing Company, 20005. In requesting a copy of the consent decree. Comments should be Seattle, WA; Georgia Tech Research consent decree in United States versus addressed to the Assistant Attorney Corporation, Atlanta; GA; North Ultramar Inc., please refer to that case General for the Environment and Carolina State University, Raleigh, NC; and DOJ No. 90–5–2–1–2002 and Natural Resources Division, Department and PolyMore Circuit Technologies, enclose a check in the amount of $4.50 of Justice, Washington, D.C. 20530, and L.P., Maryville, TN. (25 cents per page reproduction costs). copied to Robert R. Klotz, The objective of the Consortium is to Your check should be payable to the Environmental Enforcement Section, develop low cost passive components Consent Decree Library. U.S. Department of Justice, 301 Howard which can be integrated into electronic Joel Gross, Street, Suite 870, San Francisco, CA packages, and to demonstrate this Chief, Environmental Enforcement Section, 94105, and should refer to U.S. v. Union technology for both military and Environment and Natural Resources Division. Oil Company of California, DOJ No. 90– commercial applications. [FR Doc. 96–14980 Filed 6–12–96; 8:45 am] 5–2–1–2017. Constance K. Robinson, BILLING CODE 4410±01±M The proposed Unocal consent decree Director of Operations, Antitrust Division. may be examined at the office of the [FR Doc. 96–14974 Filed 6–12–96; 8:45 am] United States Attorney, Central District BILLING CODE 4410±01±M Notice of Lodging of Consent Decrees of California, 1100 United States Pursuant to the Clean Air Act Courthouse, 312 North Spring Street, Los Angeles, California 90012; at the Notice pursuant to the National In accordance with Departmental Region IX Office of the Environmental Cooperative Research and Production Policy, 28 CFR 50.7, notice is hereby Protection Agency, 75 Hawthorne Act of 1993; National Industrial given that a consent decree was lodged Street, San Francisco, California 94105; Information Infrastructure Protocols in U.S. v. Union Oil Company of and at the Consent Decree Library, 1120 Solutions for ManufacturingÐ California, Civil Action No. CV 96– G Street, N.W., 4th Floor, Washington, Adaptable Replacable Technology 3980–WMB (RMCx) (C.D. Cal.), on June D.C. 20005, (202) 624–0892. A copy of 5, 1996, with the United States District Notice is hereby given that, on May 1, the proposed consent decree may be Court for the Central District of 1996, pursuant to section 6(a) of the obtained in person or by mail from the California. The case is a civil action National Cooperative Research and Consent Decree Library, 1120 G Street, under Section 113(b) of the Clean Air Production Act of 1993, 15 U.S.C. 4301 N.W., 4th Floor, Washington, D.C. Act (‘‘Act’’), 42 U.S.C. 7413(b), for et seq. (‘‘the Act’’), the National 20005. To request a copy of the consent violations of provisions of the Act and Industrial Information Infrastructure decree in United States v. Union Oil of the regulations for New Source Protocols Solutions for Manufacturing- Performance Standards (‘‘NSPS’’) in Company of California, please refer to Adaptable Replicable Technology suparts Ka and Kb of Part 60 of 40 C.F.R. that case and DOJ No. 90–5–2–1–2017 (‘‘NIIIP–SMART’’) has filed written that require all openings in the roofs of and enclose a check in the amount of notifications simultaneously with the petroleum storage tanks that are subject $4.25. Your check should be payable to Attorney General and the Federal Trade to the regulations to be sealed or the Consent Decree Library. Commission disclosing (1) the identities covered. Joel Gross, of the parties and (2) the nature and The violations of the NSPS Chief, Environmental Enforcement Section, objectives of the venture. The regulations involved Union Oil Environment and Natural Resources Division. notifications were filed for the purpose Company of California’s (Unocal’s) Los [FR Doc. 96–14977 Filed 6–12–96; 8:45 am] of invoking the Act’s provisions limiting Angeles Refinery, located in Los BILLING CODE 4410±01±M the recovery of antitrust plaintiffs to Angeles County, California, and actual damages under specified Unocal’s Santa Maria Refinery, located circumstances. Pursuant to section 6(b) in the San Luis Obispo County, Antitrust Division of the act, the identities of the parties California. Petroleum storage tanks at Notice Pursuant to the National are: IBM-Manufacturing Industry these facilities have ‘‘guidepoles’’ that Cooperative Research and Production Solutions, Charlotte, NC; IBM Software pass through the roofs of the storage Act of 1993ÐEmbedded Mass Formed Solutions Division, Somers, NY; General tanks. The complaint alleges that the Passives ConsortiumÐUSAF Wright Motors Corporation, Warren, MI; STEP defendant’s use of ‘‘slotted’’ Laboratory TOOLS, Inc., Troy, NY; UES Inc., guidepoles—guidepoles perforated by a Dublin, OH; University of Florida, series of slots along the length of the Notice is hereby given that, on May 7, Gainesville, FL; AMP incorporated, pole—violate NSPS that require all 1996, pursuant to Section 6(a) of the Harrisburg, PA; International openings in the roofs of petroleum National Cooperative Research and TechneGroup Inc., Milford, OH; Mesa storage tanks to be sealed or covered. Production Act of 1993, 15 U.S.C. 4301 International, Inc., Pittsburgh, PA; The complaint seeks injunctive relief to et seq. (‘‘the Act’’), the Embedded Mass Applied Automation Techneques, Inc., ensure future compliance with the Formed Passives Consortium has filed Miami Lakes, FL; Consilium, Mountain NSPS regulations. Under the consent written notifications simultaneously View, CA; Industrial Computer decree, Unocal will retrofit a total of 7 with the Attorney General and the Corporation, Atlanta, GA; FACT, Inc., tanks with agreed upon emission Federal Trade Commission disclosing Norcross, GA; FASTech Integrations, Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30099

Inc., Lincoln, MA; Promis Systems Drug Enforcement Administration forth. The Deputy Administrator adopts, Corporation, Toronto, Ontario, in full, the Opinion and Recommended [Docket No. 94±26] CANADA; and NIIIP Project Office, Ruling of the Administrative Law Judge, Stamford, CT. Nestor A. Garcia, M.D.; Grant of and his adoption is in no manner NIIIP’s area of planned activity is Restricted Registration diminished by any recitation of facts, development of open industry software issues and conclusions herein, or of any protocols that will integrate computing On February 18, 1994, the Deputy failure to mention a matter of fact or environments across the U.S. Assistant Administrator, Office of law. manufacturing base. Diversion Control, Drug Enforcement Specifically, the Deputy Administration (DEA), issued an Order Administrator finds that the parties Constance K. Robinson, to Show Cause to Nestor A. Garcia, have stipulated that Demerol is a Director of Operations, Antitrust Division. M.D., (Respondent) of North Miami, Schedule II controlled substance [FR Doc. 96–14976 Filed 6–12–96; 8:45 am] Florida, notifying him of an opportunity pursuant to 21 CFR 1308.12. the Deputy BILLING CODE 4410±01±M to show cause as to why DEA should Administrator also finds that Valium is not deny his application for registration the brand name for diazepam, a as a practitioner under 21 U.S.C. 823(f), Schedule IV controlled substance Notice Pursuant to the National as being inconsistent with the public pursuant to 21 CFR 1308.14. Cooperative Research and Production interest. Specifically, the Order to Show The Respondent is a physician who Act of 1993; X Consortium, Inc. Cause alleged in substance that: (1) specializes in psychiatry. On January Between April and August of 1990, the 26, 1993, he completed an Application Notice is hereby given that, on May Respondent entered three separate for Registration under the Controlled 29, 1996, pursuant to § 6(a) of the addiction programs for treatment of his Substances Act, requesting DEA register National Cooperative Research and abuse of Demerol, a Schedule II him as a practitioner and authorize him Production Act of 1993, 15 U.S.C. 4301 controlled substance. (2) On February to handle Schedule II nonnarcotic et seq. (‘‘the Act’’), the X Consortium, 13, 1991, the Florida Department of substances, both narcotic and Inc., has filed written notifications Professional Regulation (DPR) issued an nonnarcotic Schedule III substances, simultaneously with the Attorney emergency order suspending his state Schedule IV substances, and Schedule V General and the Federal Trade medical license, but on July 27, 1992, substances. The Respondent also Commission disclosing changes in its ordered the reinstatement of his state disclosed on the form that his medical membership. The notifications were license subject to certain limitations. license had been suspended on or about filed for the purpose of extending the However, there were three actions February 25, 1990, but had been Act’s provisions limiting the recovery of pending against his license. (3) On reinstated on December 8, 1992. antitrust plaintiffs to actual damages February 28, 1991, after the suspension, A detective from the Broward County, under specified circumstances. the Respondent submitted DEA Form Florida, Sheriff’s Department (Detective) Specifically, the changes are as follows: 222 to a pharmacy to order meperidine, testified at the hearing before Judge Draper Laboratory, Arlington, VA; a Schedule II controlled substance. (4) Bittner, stating that in late 1988, the Smithsonian Astrophysical Observatory, On November 5, 1991, the Respondent Respondent was arrested and charged Cambridge, MA; and TriTeal Corp., surrendered his DEA Certificate of with sexual activity, while in custodial Carlsbad, CA have been added to the Registration, AG2355370. and familial authority, with a sixteen- venture. AT&T Global Information On March 22, 1994, the Respondent, year-old girl, LW. The Detective testified Solutions, West Columbia, SC; through counsel, filed a timely request that LW told him that in November of Compagnie Europeene des Techniques for a hearing, and following prehearing 1988, while she was a patient at South de l’Ingeniere Assistee, Toulon, procedures, a hearing was held in Florida State Hospital, she had FRANCE; O’Reilly & Associates, Inc., Miami, Florida, on March 29, 1995, developed a relationship with the Cambridge, MA; Tatung Science and before Administrative Law Judge Mary Respondent, her treating psychiatrist. Technology, Milpitas, CA; and Visual Ellen Bittner. At the hearing, both She told the Detective that she had been Information Technologies, Inc., parties called witnesses to testify, and transferred to the psychiatric unit of Richardson, TX have withdrawn from the Government introduced Hollywood Memorial Hospital, had the venture. documentary evidence. After the escaped from that hospital, and had No other changes have been made in hearing, counsel for both sides lived with the Respondent in a motel either the membership or planned submitted proposed findings of fact, room across the street from the hospital activity of the group research project. conclusions of law and argument. On where he worked. LW told the Detective Membership in this group research December 5, 1995, Judge Bittner issued that she had maintained a sexual project remains open, and the X her Opinion and Recommended Ruling, relationship with the Respondent. The Consortium, Inc., intends to file recommending that the Respondent’s Detective testified that he was able to additional written notifications application for registration be granted verify some of the information provided disclosing all changes in membership. only as to controlled substances in by LW, specifically that the Respondent Schedules IV and V, with specifically had rented the motel room. However, On September 15, 1993, the X enumerated restrictions. Neither party the charges were eventually dropped. Consortium, Inc., filed its original filed exceptions to her decision, and on The Respondent did not testify before notification pursuant to § 6(a) of the Act. January 16, 1996, Judge Bittner Judge Bittner. However, Dr. Goetz, the The Department of Justice published a transmitted the record of these director of the Physicians’ Recovery notice in the Federal Register pursuant proceedings to the Deputy Network (PRN) testified, stating that he to § 6(b) of the Act on November 10, Administrator. had visited the Respondent on April 5, 1993 (58 FR 59737). The Deputy Administrator has 1990, and on that same day the Constance K. Robinson, considered the record, and pursuant to Respondent was admitted to the Director of Operations, Antitrust Division. 21 CFR 1316.67, hereby issues his final Chemical Dependency Unit of the Mt. [FR Doc. 96–14975 Filed 6–12–96; 8:45 am] order based upon findings of fact and Sinai Medical Center in Miami. There, BILLING CODE 4410±01±M conclusions of law as hereinafter set a urine sample tested positive for 30100 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices meperidine and benzodiazepine, and practice medicine with reasonable skill before Judge Bittner, the Respondent the Respondent was diagnosed as and safety to his patients, that his was still on probation with the Medical having advanced chemical dependency dependency was a chronic condition Board. However, since September of to intravenous and intramuscular that tends to relapse, and that he had 1991, the Respondent had complied Demerol. The Respondent admitted that failed to establish that he had recovered with the PRN requirements, including he had self-prescribed and self-injected from his impaired condition. On submitting to random urine tests. Demerol and Valium. November 5, 1991, the Respondent Dr. Jules Trop, a specialist in During the course of the Respondent’s voluntarily surrendered his DEA addictionology, also testified before treatment, he was transferred to the Certificate of Registration. Judge Bittner, stating that he had treated Talbott Recovery Center in Atlanta, Subsequently, on July 27, 1992, the approximately 10,000 addicts and Georgia, then to the Parkside Recovery Medical Board granted the Respondent’s alcoholics in his practice, and that, Center in Illinois, but he did not petition for reinstatement, ‘‘contingent since August of 1991, he had been the complete the treatment program at on his appearance before the Probation Respondent’s ‘‘monitoring physician’’, either location. After his discharge from Committee with a current psychiatric the physician who maintains contact Parkside, the Respondent returned to evaluation by a psychiatrist approved by with the Respondent on behalf of the Talbott for reassessment, and on August the Board and a very stringent proposed PRN and reports to the PRN about his 27, 1990, the medical directors of practice plan.’’ progress. However, Dr. Trop testified Talbott and Parkside recommended to Dr. Goetz further testified before Judge that, beginning in approximately June of the PRN that the Respondent refrain Bittner that, when he first met the 1994, he had ceased directly observing from practicing medicine for one year, Respondent in April of 1990, the the Respondent, who had been assigned allowing him time to focus on his Respondent was addicted to Demerol. to a small group for treatment. Yet Dr. recovery. He opined that addicts commonly Trop stated that he received reports In October of 1990, Dr. Goetz wrote to engage in the type of behavior displayed from the Respondent’s therapist, and the Florida Department of Professional by the Respondent, for drug addiction that ‘‘all reports are that [the Regulation (DPR), recommending that changes the addict’s ‘‘emotional Respondent’s] attendance has been the Respondent’s license be suspended responses,’’ affects sexual behavior, and regular. His cooperation has continued. because he had not progressed distorts the addict’s perceptions of His recovery is ongoing. His urines have satisfactorily in his recovery program, reality and his value system. However, been negative. That’s essentially it.’’ and because he was still exhibiting he also testified that once an individual Dr. Trop also testified that an addict drug-seeking behavior. On December 13, had been out of treatment, drug-free, typically loses his or her moral and 1990, the DPR ordered the Respondent and in recovery for a few years, he ethical standards, and that recovery is to submit to mental and physical typically is able to return to work. Dr. dependent upon regaining those examinations, and the physician who Goetz stated that ‘‘[a]ll of our records standards and behaviors. He observed conducted the mental examination indicate that [the Respondent] is in that he had seen change in the concluded that the Respondent’s compliance, that he’s been able to Respondent and believed that he is now chemical dependency and sociopathic function well since he’s been relicensed in ‘‘progressive recovery.’’ On cross- personality traits ‘‘could impair his by the Board of Medicine, and I think examination, Dr. Trop acknowledged ability to practice medicine with it’s fair to say that he is in early that the term ‘‘progressive recovery’’ reasonable skill and safety.’’ recovery.’’ As a result, on February 13, 1991, the Dr. Goetz also recalled that he had implies that recovery is never complete, DPR issued an emergency suspension previously testified before the Medical and that it is always possible that an order, suspending the Respondent’s Board, stating that the Respondent was addict will relapse. Like Dr. Goetz, Dr. state medical license on the grounds in a state of recovery and no longer Trop also testified that physicians were that he had violated Florida Statute posed a threat to the public interest. He particularly susceptible to addiction section 458.331(1)(s) by ‘‘being unable also opined before Judge Bittner that the because their work was high-stress, and to practice medicine with reasonable Medical Board’s decision to reinstate because physicians had money and skill and safety to patients by reason of the Respondent’s license represented a access to controlled substances. illness or use of alcohol, drugs, finding that the Respondent was fit to However, Dr. Trop also opined that a narcotics, chemicals, or any other type practice medicine. He concluded that physician who was being monitored by of materials or as a result of any mental the public interest would be served if the PRN was less likely to relapse, with or physical condition,’’ and based upon the Respondent were to receive a DEA the monitoring serving as a deterrent. a finding that the Respondent’s registration. Dr. Trop also agreed with Dr. Goetz, continued practice of medicine However, Judge Bittner noted in her stating that it would not be against the ‘‘constitutes an immediate and serious opinion that Dr. Goetz did not testify as public interest to grant the Respondent’s danger to the health, safety and welfare to any firsthand knowledge of the DEA application. of the public.’’ Yet on February 25, Respondent’s condition or state of Pursuant to 21 U.S.C. 823(f), the 1991, the Respondent used a DEA Form recovery, ‘‘but rather about addiction in Deputy Administrator may deny an 222 to order meperidine. general and about what he had learned application for registration as a After a formal hearing,on September of Respondent’s recovery from practitioner, if he determines that 23, 1991, the DPR’s Board of Medicine examining the PRN’s records.’’ Also, on granting the registration would be (Medical Board) issued a final order cross-examination, Dr. Goetz agreed that inconsistent with the public interest. suspending the Respondent’s medical an addict can have relapses even after Section 823(f) requires that the license for one year, ‘‘or until he years of sobriety, that a psychiatrist can following factors be considered: appears before the Board and exhibits practice without a Schedule II (1) The recommendation of the his ability to practice with skill and registration, and that physicians with appropriate State licensing board or safety.’’ The Medical Board found that self-abuse problems are particularly professional disciplinary authority. the Respondent was impaired as a hard to treat because they can so easily (2) The applicant’s experience in consequence of drug dependency, that obtain controlled substances. He also dispensing, or conducting research with the dependency rendered him unable to stated that, as of the date of the hearing respect to controlled substances. Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30101

(3) The applicant’s conviction record relating to controlled substances,’’ the terms. The Respondent has continued to under Federal or State laws relating to Deputy Administrator finds significant successfully participate in a drug the manufacture, distribution, or the Respondent’s history of self- rehabilitation program of counselling dispensing of controlled substances. prescribing and self-injecting of and urinalysis testing as monitored by (4) Compliance with applicable State, Demerol and Valium, leading to his self- the PRN. Although both Dr. Goetz and Federal, or local laws relating to professed addiction to Demerol. As Dr. Trop testified that the Respondent controlled substances. Judge Bittner wrote, ‘‘[the] Respondent’s was in ‘‘early recovery,’’ or that his (5) Such other conduct which may self-prescribing of Demerol to maintain recovery was ‘‘ongoing,’’ the Deputy threaten the public health or safety. his addiction was not for a legitimate Administrator concurs with Judge These factors are to be considered in medical purpose and was therefore not Bittner’s conclusion that ‘‘the evidence the disjunctive; the Deputy a lawful prescription within the that [the] Respondent remained drug- Administrator may rely on any one or a meaning of 21 CFR 1306.04.’’ free for three-and-one-half-years prior to combination of factors and may give Further, in February of 1991, after his the hearing weighs in favor of granting each factor the weight he deems medical license had been suspended, his application.’’ appropriate in determining whether a the Respondent used a DEA Form 222 Therefore, after reviewing the record, registration should be revoked or an to order meperidine, when he no longer the Deputy Administrator agrees with application for registration denied. See was authorized to so act. The Deputy Judge Bittner’s recommendation and Henry J. Schwarz, Jr., M.D., Docket No. Administrator agrees with Judge finds that the public interest is best 88–42, 54 FR 16422 (1989). Bittner’s finding that such unauthorized served by granting the Respondent a Noting the absence of any conviction ordering of Demerol violated applicable restricted registration. Specifically, that record, the Deputy Administrator finds state and federal law. portion of the Respondent’s application factors one, two, four, and five relevant As to factor five, ‘‘[s]uch other to handle controlled substances in conduct which may threaten the public in determining whether the Schedule II, nonnarcotic, and Schedule health or safety,’’ the Respondent’s Respondent’s registration would be III, is denied. However, the portion of actions documented in the record inconsistent with the public interest. As his application to handle controlled pertaining to LW in 1988 cause the to factor one, ‘‘recommendation of the substances in Schedules IV and V is Deputy Administrator concern. appropriate State licensing board,’’ the granted, with the following restrictions Specifically, the Detective’s testimony Florida DPR suspended the and conditions: (1) The Respondent’s concerning the Respondent’s actions Respondent’s medical license in 1991, controlled substances-handling with a sixteen-year-old patient who had and reinstated the license in July of authority is limited to the writing of escaped from a custodial psychiatric 1992, under probationary conditions prescriptions only. He shall not be that remain in effect through September treatment setting remains unrebutted in the record. The Respondent’s defense, authorized to dispense, possess, or store of 1996. The Deputy Administrator any controlled substances, except that concurs with Judge Bittner’s analysis of that such actions were a result of his drug addiction, does little to alleviate he may administer controlled the State licensing board’s actions. By substances in a hospoital setting, and he reinstating the Respondent’s medical the concern raised by his unprofessional conduct, especially given the may possess controlled substances that license, the DPR indicated that it are medically necessary for his own use viewed the Respondent’s condition as Respondent’s failure in the drug rehabilitation treatment programs at and have been obtained pursuant to a less threatening to the public’s interest valid prescription issued by another than in 1991. However, by levying Talbott and Parkside. The Deputy Administrator also finds it significant practitioner. (2) The Respondent is not probationary conditions upon his authorized to prescribe any controlled practice of medicine, the DPR asserted that both Dr. Goetz and Dr. Trop agreed that physicians were particularly substances for his own use. (3) For two that the Respondent’s conduct years from the effective date of this continued to require scrutiny for the susceptible to addiction because of their access to controlled substances. order, the Respondent shall, every protection of the public. calendar quarter, submit a log to the Although the Government placed into However, as to the Government’s offer of proof concerning more recent acts Special Agent in charge of the nearest the record two outstanding DEA office or his designee. The log shall administrative complaints, pending involving the Respondent and LW, the Deputy Administrator concurs with contain a list of all prescriptions for before the DPR since 1992, the Deputy controlled substances the Respondent Administrator agrees with Judge Judge Bittner’s ruling concerning the offered evidence. The Deputy has written during the previous quarter, Bittner’s evaluation of these complaints. to include the date of each prescription, She wrote: Administrator finds that, under the circumstances, due process requires that the patient’s name, the name and I conclude that it would be inappropriate he not consider the offered evidence in amount of the controlled substance(s) to rely on the unresolved administrative reaching a determination in this matter, prescribed, and the pathology for which complaints in deciding the issues before me, the prescription was written. for they are merely allegations, analogous to and, accordingly, he has not considered complaints in indictments, and do not prove the Detective’s testimony concerning the Accordingly, the Deputy the violations alleged therein by a Respondent’s conduct with LW in 1990. Administrator of the Drug Enforcement preponderance of the evidence. Cf. Alra Lab., The Deputy Administrator also finds Administration, pursuant to the Inc., No. 92–42, 59 Fed. Reg. 50620, 50620 that the Respondent provided mitigating authority vested in him by 21 U.S.C. (DEA 1994) (allegations contained in an evidence through the testimony of Dr. 823, and 28 CFR 0.100(b) and 0.104, indictment should not be considered because Goetz and Dr. Trop. Specifically, both hereby orders that the pending there was nothing on the record tending to doctors noted that the Respondent application of Nestor A. Garcia, M.D., prove or disprove them). remained in compliance with the for a DEA Certificate of Registration for As to factor two, the Respondent’s conditions of his probation. Further, the a practitioner be, and it hereby is, ‘‘experience in dispensing * ** Medical Board has found the denied in part and granted in part, controlled substances,’’ and factor four, Respondent fit to practice medicine, subject to the limitations enumerated the Respondent’s ‘‘[c]ompliance with although also finding it necessary to above. This order is effective July 15, applicable State, Federal, or local laws reinstate his license on probationary 1996. 30102 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

Dated: June 7, 1996. activities and the management of the STC. To Commission or NRC) now or hereafter Stephen H. Greene, make a recommendation on the future in effect. Deputy Administrator. funding of the STC. Reason for Closing: The proposal being II [FR Doc. 96–14953 Filed 6–12–96; 8:45 am] reviewed includes information of a BILLING CODE 4410±09±M proprietary or confidential nature, including Section III.J of Appendix R to Part 50 technical information, financial data, such as of Title 10 of the Code of Federal salaries; and personal information Regulations (10 CFR Part 50) requires National Institute of Corrections concerning individuals associated with the that emergency lighting units with at proposals. These matters are within least an 8-hour battery power supply be Advisory Board Meeting exemptions (4) and (6) of 5 U.S.C. 552b(c), provided in all areas needed for the Government in the Sunshine Act. Time and Date: 12:30 p.m., Monday, operation of post-fire safe shutdown Dated: June 10, 1996. June 24, 1996. equipment and in access and egress Place: Ramada Inn, 1117 Williston [FR Doc. 96–15012 Filed 6–12–96; 8:45 am] routes thereto. The NRC may grant Road, Burlington, Vermont. BILLING CODE 7555±01±M exemptions from the requirements of Status: Open. the regulations which, pursuant to 10 Matters To Be Considered: Update on CFR 50.12(a), are (1) Authorized by law, the reimbursement plan for NIC NATIONAL TRANSPORTATION will not present an undue risk to the services, Office of Justice Programs’ SAFETY BOARD public health and safety, and are update on the Violent Offender and consistent with the common defense Truth In Sentencing Grant Program, Public Hearing in Maryland: Railroad and security; and (2) present special update on the District of Columbia Accident circumstances. Special circumstances Department of Corrections Study, exist whenever, according to 10 CFR progress report from the task force on In connection with its investigation of 50.12(a)(2)(ii), ‘‘Application of the prison construction standardization and the collision and derailment of a MARC regulation in the particular techniques, update on the NIC commuter passenger train with circumstances would not serve the Executive Excellence Program, status of AMTRAK Train 29, The Capitol underlying purpose of the rule or is not the final report on the mental health in Limited, near Silver Spring, Maryland, necessary to achieve the underlying jails survey, status report on the on February 16, 1996, the National purpose of the rule * * *.’’ Transportation Safety Board will positional asphyxia video proposal, and III the FY 1997 program plan convene a public hearing at 9:00 a.m. recommendations. (local time), on June 26, 1996, at the By letters dated February 2, 1995, Contact Person for More Information: DoubleTree Hotel, 1750 Rockville Pike May 15, 1995, and September 29, 1995, Larry Solomon, Deputy Director, (202) (Route 355), Rockville, Maryland 20852. Carolina Power & Light Company (the 307–3106, ext. 155. For more information, contact Pat licensee), requested an exemption from Morris L. Thigpen, Cariseo, Office of Public Affairs, certain technical requirements of Washington, D.C. 20594, telephone Deputy Director. Section III.J of Appendix R to 10 CFR (202) 382–0660. [FR Doc. 96–15009 Filed 6–12–96; 8:45 am] Part 50 for HBR. Section III.J of BILLING CODE 4410±36±M Dated: June 7, 1996. Appendix R requires that emergency Bea Hardesty, lighting units with at least an 8-hour Federal Register Liaison Officer. battery power supply be provided in all NATIONAL SCIENCE FOUNDATION [FR Doc. 96–14997 Filed 6–12–96; 8:45 am] areas needed for operation of post-fire BILLING CODE 7533±01±P safe shutdown equipment and in access Special Emphasis Panel in Chemistry; and egress routes thereto. The licensee Notice of Meeting plans to implement procedure enhancements to its post-accident safe In accordance with the Federal NUCLEAR REGULATORY shutdown procedure that would require Advisory Committee Act (Pub. L. 92– COMMISSION manual operation of certain valves. The 463, as amended), the National Science [Docket No. 50±261] licensee proposed to use the diesel- Foundation announces the following backed security lighting system for meeting: Carolina Power & Light Company, H.B. access and egress to, and operation of, Name: Special Emphasis Panel in Robinson Steam Electric Plant, Unit auxiliary feedwater (AFW) valves AFW– Chemistry (#1191). No. 2; Exemption 1 and AFW–104 and instrument air (IA) Date and Time: July 1–2, 1996, 8:00 am to valve IA–297, stating that the use of the 5:00 pm. I diesel-backed security lighting system Place: University of Texas, Austin, TX. will provide an equivalent level of fire Type of Meeting: Closed. Carolina Power and Light Company Contact Person: Karolyn K. Eisenstein, (CP&L or the licensee) is the holder of safety to that achieved by compliance Program Director, Office of Special Projects, Facility Operating License No. DPR–23, with Section III.J of Appendix R to 10 Chemistry Division, Room 1055, National which authorizes operation of the H.B. CFR Part 50 for access and egress to, and Science Foundation, 4201 Wilson Blvd. Robinson Steam Electric Plant, Unit No. operation of, valves AFW–1 and AFW– Arlington, VA 22230, Telephone: (703) 306– 2 (HBR), at steady-state reactor power 104, located in fire zone 33, and valve 1850. level not in excess of 2300 megawatts IA–297, located in fire zone 25. Purpose of Meeting: To review the renewal thermal. The facility consists of one IV proposal, evaluate the Science and pressurized water reactor located at the Technology Center, and make a recommendation concerning future funding licensee’s site in Darlington County, Valves AFW–1, AFW–104, and IA– of the Science and Technology Center. South Carolina. The license provides, 297 are located in outdoor areas within Agenda: To evaluate: (a) the research among other things, that it is subject to the protected area. These areas and the program; (b) educational and outreach all rules, regulations and Orders of the access and egress paths do not have 8- activities; and (3) the knowledge transfer Nuclear Regulatory Commission (the hour fixed battery-operated emergency Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30103 lighting as required by Section III.J of confirmed that postulated fires requiring Dated at Rockville, Maryland, this 3rd day Appendix R to 10 CFR Part 50. the operators to travel to and operate of June 1996. Valves AFW–1 and AFW–104 are valves AFW–1, AFW–104, and IA–297 For the Nuclear Regulatory Commission. located in fire zone 33 at the bottom of would not affect the security lighting Steven A. Varga, the condensate storage tank (CST). system. In addition, the security lighting Director, Division of Reactor Projects—I/II, Failure to manually isolate valves system is backed by a standby diesel Office of Nuclear Reactor Regulation. AFW–1 and AFW–104 could result in generator that has been very reliable; [FR Doc. 96–15017 Filed 6–12–96; 8:45 am] overfilling the CST with service water records indicate only two failures in 250 BILLING CODE 7590±01±P after switchover of the AFW cooling surveillance starts. However, none of source from the CST to the service water the failures were failures to start but, system. These AFW valves are located rather, failures to come up to rated [Docket No. 50±219] in outdoor areas within the protected speed within the prescribed time of 10 GPU Nuclear Corporation; Notice of area and are provided with lighting from seconds. Should the diesel fail to start, Denial of Amendment to Facility the security lighting system. However, procedure OP–926, ‘‘TSC/ EOF/ PAT Operating License and Opportunity for the licensee may need to manually Diesel Generator,’’ provides instruction Hearing operate these valves during the hours of for manually starting the diesel, and darkness. Because the security lighting such an action would be initiated by a The U.S. Nuclear Regulatory system is also backed by a standby call to the control room operators. Commission (the Commission) has diesel generator, the licensee would like Therefore, in the event of a fire that denied a request by GPU Nuclear to rely on the security lighting system requires manual operation of valves Corporation, (licensee) for an with its standby diesel generator as an AFW–1, AFW–104, and IA–297, or in amendment to Facility Operating acceptable alternative fire protection the event of a loss of offsite power, there License No. DPR–16 issued to the configuration equivalent to that is reasonable assurance that the security licensee for operation of the Oyster achieved by conformance with the lighting system will be available and Creek Nuclear Generating Station, requirements of 10 CFR Part 50, will provide the light necessary to take located in Forked River, New Jersey. Appendix R, Section III.J. the actions described above. Notice of Consideration of Issuance of Valve IA–297 is located in an outdoor On the basis of this evaluation, the this amendment was published in the area within the protected area near the NRC staff has concluded that the use of Federal Register on December 7, 1995, southeast corner of the turbine the diesel-backed security lighting (60 FR 62895). mezzanine in fire zone 25 next to the system will provide an equivalent level The purpose of the licensee’s steam dump accumulator. The HBR safe of fire safety to that achieved by amendment request was to modify the shutdown analysis takes credit for the compliance with Section III.J of License Condition 2.C(5) to utilize a availability of the main steam safety Appendix R to 10 CFR Part 50 for access visual inspection technique in valves. The use of the nitrogen backup accordance with the American Society and egress to, and operation of, valves to the main steam power-operated relief of Mechanical Engineers (ASME) Code, AFW–1 and AFW–104, located in fire valves is a contingency evolution for Section XI, and to eliminate the zone 33, and valve IA–297, located in coping with a fire in the charging pump requirements to docket inspection fire zone 25. room. The licensee has already results and the need to obtain NRC committed to provide emergency The Commission, thus, has restart authorization for each refueling lighting with at least an 8-hour battery determined that, pursuant to 10 CFR outage. power supply for the main steam 50.12, the exemption requested by the The NRC staff has concluded that the isolation and relief valve area, also in licensee’s letters dated February 2, 1995, licensee’s request cannot be granted and the southeast corner of the turbine May 15, 1995, and September 29, 1995, has advised the licensee that the building mezzanine. The licensee would as discussed above, is authorized by law proposed amendment is denied because rely on that planned emergency lighting and will not endanger life or property the licensee has not provided adequate in the vicinity of IA–197 as well as the and is otherwise in the public interest. justification to resolve the staff’s security lighting system with its backup Furthermore, the Commission has concern over the long-term behavior of diesel generator to ensure the light determined, pursuant to 10 CFR the core spray sparger system. The necessary to take the actions described 50.12(a), that special circumstances as licensee was notified of the by the licensee. set forth in 10 CFR 50.12(a)(ii) are Commission’s denial of the proposed The manual actions would be limited present and applicable in that change by a letter dated June 7, 1996. to operating valves AFW–1, AFW–104, application of the regulation in these By July 15, 1996, the licensee may and IA–297 over their full travel, with particular circumstances is not demand a hearing with respect to the no requirement to partially open or necessary to achieve the underlying denial described above. Any person close a valve, by relying on instruments, purpose of the rule. whose interest may be affected by this or other means, to determine valve The Commission hereby grants an proceeding may file a written petition travel. exemption from the technical for leave to intervene. In the licensee’s submittal of requirements of 10 CFR Part 50, A request for hearing or petition for September 29, 1995, the licensee Appendix R, Section III.J, for the use of leave to intervene must be filed with the confirmed that a walkdown was the diesel-backed security lighting Secretary of the Commission, U.S. conducted in the areas for which the system for access and egress to, and Nuclear Regulatory Commission, exemption was requested. With the operation of, valves AFW–1 and AFW– Washington, DC 20555, Attention: normal lighting turned off, the light 104 and IA–297. Docketing and Services Branch, or may provided solely by the security lighting Pursuant to 10 CFR 51.32, the be delivered to the Commission’s Public system was adequate for access and Commission has determined that Document Room, the Gelman Building, egress to, and operation of, valves granting of this exemption will have no 2120 L Street, NW., Washington, DC, by AFW–1, AFW–104, and IA–297. During significant effect on the quality of the the above date. a telephone conference call on human environment (61 FR 6044). This A copy of any petitions should also be December 1, 1995, the licensee exemption is effective upon issuance. sent to the Office of the General 30104 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

Counsel, U.S. Nuclear Regulatory following proposal(s) for the collection broker-dealers, and to investors Commission, Washington, DC 20555, of information to the Office of concerning, among other things, the and to Ernest L. Blake, Jr., Esquire, Management and Budget for review and number of shares of common stock of Shaw, Pittman, Potts & Trowbridge, approval. the company currently outstanding, the 2300 N Street, NW., Washington, DC current capitalization of the company, Summary of Proposal(s) 20037, attorney for the licensee. whether the company is in fact pursuing For further details with respect to this (1) Collection title: Annual Earnings a NASDAQ listing, and the future action, see (1) The application for Questionnaire for Annuitants in Last business prospects of the company. amendment dated October 26, 1995, and Pre-Retirement Non-Railroad The commission is of the opinion that (2) the Commission’s letter to the Employment. the public interest and the protection of licensee dated June 7, 1996. (2) Form(s) submitted: G–19L. investors require a suspension of trading These documents are available for (3) OMB Number: 3220–0179. in the securities of the above listed public inspection at the Commission’s (4) Expiration date of current OMB company. Public Document Room, the Gelman clearance: July 31, 1996. Therefore, it is ordered, pursuant to Building, 2120 L Street, NW., (5) Type of request: Extension of a Section 12(k) of the Securities Exchange Washington, DC, and at the local public currently approved collection. Act of 1934, that trading in the above (6) Respondents: Individuals or document room located at the Ocean listed company is suspended for the households. County Library, Reference Department, period from 9:30 a.m. EDT, June 10, (7) Estimated annual number of 101 Washington Street, Tom’s River, NJ 1996 through 11:59 p.m. EDT, on June respondents: 6,000. 21, 1996. 08753. (8) Total annual responses: 6,000. Dated at Rockville, Maryland, this 7th day (9) Total annual reporting hours: By the Commission. of June 1996. 3,000. Margaret H. McFarland, For the Nuclear Regulatory Commission. (10) Collection description: Under Deputy Secretary. Donald S. Brinkman, Section 2(e)(3) of the Railroad [FR Doc. 96–15107 Filed 6–10–96; 4:25 pm] Acting Project Director, Project Directorate Retirement Act, an annuity is not BILLING CODE 8010±01±M I–2, Division of Reactor Projects—I/II, Office payable or is reduced for any month in of Nuclear Reactor Regulation. which the beneficiary works for a [FR Doc. 96–15016 Filed 6–12–96; 8:45 am] railroad or earns more than the Sunshine Act Meeting BILLING CODE 7590±01±P prescribed amounts. The collection Notice is hereby given, pursuant to obtains earnings information needed by the provisions of the Government in the the Railroad Retirement Board to Sunshine Act, Pub. L. 94–409, that the POSTAL RATE COMMISSION determine possible reductions in Securities and Exchange Commission annuities because of LPE earnings. will hold the following meeting during Sunshine Act Meeting; Washington, Additional Information or Comments: the week of June 17, 1996. D.C. 20268±0001 Copies of the form and supporting A closed meeting will be held on documents can be obtained from Chuck Wednesday, June 19, 1996, at 10:00 a.m. NAME OF AGENCY: Postal Rate Mierzwa, the agency clearance officer Commissioners, Counsel to the Commission. (312–751–3363). Comments regarding Commissioners, the Secretary to the TIME AND DATE: 10:00 a.m. on July 9, the information collection should be Commission, and recording secretaries 1996. addressed to Ronald J. Hodapp, Railroad will attend the closed meeting. Certain PLACE: Conference Room, 1333 H Street, Retirement Board, 844 North Rush staff members who have an interest in NW, Suite 300, Washington, DC 20268. Street, Chicago, Illinois 60611–2092 and the matters may also be present. the OMB reviewer, Laura Oliven (202– The General Counsel of the STATUS: Closed. 395–7316), Office of Management and Commission, or his designee, has MATTERS TO BE CONSIDERED: Issues in Budget, Room 10230, New Executive certified that, in his opinion, one or Docket No. MC96–2, Mail Classification Office Building, Washington, D.C. more of the exemptions set forth in 5 Schedule, 1996—Classification Reform 20503. U.S.C. 552b(c)(4), (8), (9)(A) and (10) II (Nonprofit Mail). Chuck Mierzwa, and 17 CFR 200.402(a)(4), (8), (9)(i) and CONTACT PERSON FOR MORE INFORMATION: Clearance Officer. (10), permit consideration of the Margaret P. Crenshaw, Secretary, Postal [FR Doc. 96–15030 Filed 6–12–96; 8:45 am] scheduled matters at the closed meeting. Rate Commission, Suite 300, 1333 H Commissioner Wallman, as duty Street, NW, Washington, DC 20268– BILLING CODE 7905±01±M officer, voted to consider the items 0001, Telephone (202) 789–6840. listed for the closed meeting in a closed session. Margaret P. Crenshaw, SECURITIES AND EXCHANGE Secretary. The subject matter of the closed COMMISSION meeting scheduled for Wednesday, June [FR Doc. 96–15167 Filed 6–11–96; 12:20 pm] 19, 1996, at 10:00 a.m., will be: BILLING CODE 7710±FW±P The Home Link Corporation; File No. 500±1; Order of Suspension of Trading Institution and settlement of administrative proceedings of an enforcement nature. June 10, 1996. Institution and settlement of an injunctive RAILROAD RETIREMENT BOARD It appears to the Securities and action. Agency Forms Submitted for OMB Exchange Commission that there is a At times, changes in Commission Review lack of current and accurate information priorities require alterations in the concerning the securities of The Home scheduling of meeting items. For further Summary: In accordance with the Link Corporation (‘‘Home Link’’) in information and to ascertain what, if Paperwork Reduction Act of 1995 (44 documents sent to and statements made any, matters have been added, deleted U.S.C. Chapter 35), the Railroad by Home Link and by others to market- or postponed, please contact: The Office Retirement Board has submitted the makers of the stock of Home Link, other of the Secretary at (202) 942–7070. Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30105

Dated: June 11, 1996. Federal Aviation Administration PUBLIC SCOPING MEETINGS: In order to Jonathan G. Katz, provide public input, a scoping meeting Secretary. Intent To Prepare an Environmental for federal, state, local, and non- Impact Statement and To Hold [FR Doc. 96–15184 Filed 6–11–96; 2:21 pm] governmental agencies will be held on Environmental Scoping Meetings for Tuesday, July 9, 1996, at 1:30 pm at the BILLING CODE 8010±01±M Runway Extension, Air Cargo Area, maintenance building adjacent to the and Related Development at New terminal building at New Bedford Bedford Municipal Airport, New Municipal Airport, 1569 Airport Road, Bedford, MA New Bedford, Massachusetts. An DEPARTMENT OF TRANSPORTATION additional meeting to receive public AGENCY: Federal Aviation Office of the Secretary input will be held on July 9 at 7:00 pm Administration, DOT. at the same location. These meetings ACTION: Notice of public environmental will be preceded by a field tour of the [Docket OST±95±418] scoping meetings. EIS project area at 10:00 am on the same day, for individuals who have not yet Application of Florida West SUMMARY: The Federal Aviation done so. The tour will commence from International Airways, Inc. for Transfer Administration (FAA) is issuing notice the entrance to the terminal building. of Certificate Authority to advise the public that an Federal, state, local, and non- Environmental Impact Statement (EIS) governmental agency representatives are AGENCY: Department of Transportation. will be prepared for a proposal by the encouraged to attend both scoping City of New Bedford to extend the ACTION: Notice of Order to Show Cause meetings. Additional information may primary runway and runway safety area, (Order 96–6–19). be obtained by contacting FAA at the develop an air cargo area and adjacent above address or telephone number. taxiway, and related development at SUMMARY: The Department of New Bedford Municipal Airport. To Issued in Burlington, Massachusetts, on Transportation is directing all interested ensure that all significant issues related May 31, 1996. persons to show cause why it should to the proposed action are identified, Vincent A. Scarano, not issue an order finding Florida West public scoping meetings will be held. Manager, Airports Division, FAA, New International Airways, Inc., fit, willing, England Region. FOR FURTHER INFORMATION CONTACT: and able to engage in interstate and [FR Doc. 96–15064 Filed 6–12–96; 8:45 am] John Silva, Manager, Environmental foreign charter air transportation of BILLING CODE 4910±13±M Programs, Airports Division, New persons, property, and mail, and England Region, Federal Aviation transferring to it certificates of public Administration, 12 New England convenience and necessity and other Notice of Passenger Facility Charge Executive Park, Burlington, (PFC) Approvals and Disapprovals operating authority currently held by Massachusetts 01803. Telephone Florida West Gateway, Inc. d/b/a number: 617–238–7602. AGENCY: Federal Aviation Florida West Airlines, Inc. SUPPLEMENTARY INFORMATION: The City Administration (FAA), DOT. DATES: Persons wishing to file of New Bedford is conducting an ACTION: Monthly Notice of PFC objections should do so no later than Airport Master Plan to determine future Approvals and Disapprovals. In May June 25, 1996. development needs. This Plan has 1996, there were 11 applications progressed to the point of determining approved. Additionally, three approved ADDRESSES: Objections and answers to the need to accommodate future air amendments to previously approved objections should be filed in Dockets cargo activity. Due primarily to the applications are listed. OST–95–418 and addressed to the potential for significant adverse SUMMARY: The FAA publishes a monthly Documentary Services Division (C–55, wetlands impacts and associated water notice, as appropriate, of PFC approvals Room PL–401), U.S. Department of quality issues, FAA has decided to and disapprovals under the provisions Transportation, 400 Seventh Street, prepare an Environmental Impact of 49 U.S.C. 40117 (Pub. L. 103–272) SW., Washington, DC 20590, and should Statement (EIS). and Part 158 of the Federal Aviation be served upon the parties listed in FAA has conducted several meetings Regulations (14 CFR Part 158). This Attachment A to the order. toward developing a Draft Scope of notice is published pursuant to Work for the EIS. Since the EIS will be FOR FURTHER INFORMATION CONTACT: Ms. paragraph d of § 158.29. prepared as a joint Environmental Delores King, Air Carrier Fitness Impact Report (EIR) under the PFC Applications Approved Division (X–56, Room 6401), U.S. Massachusetts Environmental Policy Department of Transportation, 400 Public Agency: Texas A&M Act, additional meetings have been held University, College Station, Texas. Seventh Street, SW., Washington, DC to address EIR requirements. Comments 20590, (202) 366–2343. Application Number: 96–01–C–00– and suggestions are presently invited CLL. Dated: June 10, 1996. from federal, state, and local agencies, Application Type: Impose and use a Patrick V. Murphy, and other interested parties, in order to PFC. Deputy Assistant Secretary for Aviation and ensure that a full range of issues related PFC Level: $3.00. International Affairs. to the proposed projects are identified Total Net PFC Revenue Approved in [FR Doc. 96–15071 Filed 6–12–96; 8:45 am] and addressed in a final Scope of Work This Application: $458,595. for the EIS. A copy of the Draft Scope Estimated Charge Effective Date: July BILLING CODE 4910±62±P of Work may be obtained from FAA at 1, 1996. the above address or telephone number. Estimated Charge Expiration Date: Comments and suggestions should be August 1, 1998. addressed to FAA at the above address Class of Air Carriers not Required to and mailed not later than July 19. Collect PFC’s: None. 30106 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

Brief Description of Projects Approved Total Net PFC Revenue Approved in Application Type: Use PFC revenue. for Collection and Use: Master Plan this Application: $77,000. PFC Level: $3.00. update, Passenger lift device, Airfield Estimated Charge Effective Date: June Total PFC Revenue Approved for Use safety improvements: Overlay a portion 1, 1997. in this Application: $85,954,000. of runway 10⁄28 and taxiway B including Estimated Charge Expiration Date: Charge Effective Date: August 1, 1992. safety area grading; installation of November 1, 1999. Estimated Charge Expiration Date: medium intensity runway lights and Class of Air Carriers not Required to November 1, 2003. upgrading of airfield guidance signs, Collect PFC’s: None. Class of Air Carriers not Required to Upgrade pilot guidance signage, Storm Brief Description of Project Approved Collect PFC‘s: No change from previous drainage renovation, Airport perimeter for Concurrent Authority to Impose and approvals. fencing, Avigation easement use: Terminal building remodel. Brief Description of Projects Approved reimbursement, Seal coat portions of Decision Date: May 10, 1996. for Use: Reconstruction of runway 18L/ runways 16⁄34, 10⁄28, 4⁄22, and selected FOR FURTHER INFORMATION CONTACT: 36R, Extension of runway 18L/36R. taxiways, PFC application, Safety Joseph R. Rodriguez, San Francisco Decision Date: May 15, 1996. equipment—runway sweeper. Airports District Office, (415) 876–2805. FOR FURTHER INFORMATION CONTACT: Jerry Decision Date: May 1, 1996. Public Agency: City of Los Angeles O. Bowers, Memphis Airports District FOR FURTHER INFORMATION CONTACT: Ben Department of Airports, Los Angeles, Office, (901) 544–3495. Guttery, Southwest Region Airports California. Public Agency: Memphis-Shelby Division, (817) 222–5614. Application Number: 96–03–C–00– County Airport Authority, Memphis, Public Agency: Laramie Regional LAX. Tennessee. Application Type: Impose and use a Airport Board, Laramie, Wyoming. Application Number: 96–04–C–00– PFC. Application Number: 96–01–C–00– MEM. PFC Level: $3.00. LAR. Application Type: Impose and use a PFC Revenue Approved for Use in this PFC. Application Type: Impose and use a Application: $59,902,000. PFC. PFC Level: $3.00. Charge Effective Date: June 1, 1993. Total PFC Revenue Approved in this PFC Level: $3.00. Charge Expiration Date: January 1, Total Net PFC Revenue: $126,457. Application: $15,847,000. 1996. Estimated Charge Effective Date: Earliest Charge Effective Date: August Class of Air Carriers not Required to 1, 1996. November 1, 2003. Collect PFC’s: None. Estimated Charge Expiration Date: Estimated Charge Expiration Date: Brief Description of Projects Approved February 1, 2005. October 1, 2000. for Collection at Los Angeles Classes of Air Carriers not Required to Class of Air Carriers not Required to International Airport (LAX) and Use at collect PFC’s: (A) On-demand air taxi/ Collect PFC’s: None. Ontario International Airport: Airport commercial operators that do not Brief Description of Project Approved Drive—west end, Transmitter receiver enplane passengers at the airport’s main for Collection and Use: Terminal relocation, Access control monitoring terminal buildings; and, (b) any air building remodel. systems (phase 1), Taxiway N—westerly Date: May 3, 1996. carrier that enplanes less than 500 extension. passengers per year at Memphis FOR FURTHER INFORMATION CONTACT: Brief Description of Projects Approved International Airport (MEM). Barbara Johnson, Denver Airports for Collection and Use at LAX: Taxiway Determination: Approved. Based on District Office, (303) 286–5533. C easterly extension—phase II, Remote information contained in the public Public Agency: City of Los Angeles aircraft gates boarding facilities and agency’s application, the FAA has Department of Airports, Los Angeles, special equipment, Interline baggage determined that each proposed class California. remodel—Tom Bradley International accounts for less than 1 percent of the Application Number: 96–02–U–00– Terminal (TBIT), Approach lighting for total annual enplanements at MEM. LAX. runway 6R, Southside taxiways WF, Brief Description of Projects Approved Application Type: Use PFC revenue. WG, N and extensions S and Q, Runway for Collection and Use: Rehabilitation of PFC Level: $3.00. 24R stopway, Hi-speed taxiway 85V. taxiway N, Slab and joint seal PFC Revenue Approved for Use in Brief Description of Project in Part for replacement program. This Application: $116,109,000. Collection and Use at LAX: TBIT Decision Date: May 15, 1996. Charge Effective Date: June 1, 1993. improvements. FOR FURTHER INFORMATION CONTACT: Jerry Charge Expiration Date: January 1, Determination: Approved in part. The O. Bowers, Memphis Airports District 1996. proposed project included five Office, (901) 544–3495. Class of Air Carriers not Required to elements. One of these elements, the Public Agency: County of Emmet, Collect PFC’s: None. second level structure, was disapproved Pellston, Michigan. Brief Description of Project Approved because the structure, as described in Application Number: 96–03–U–00– For Use: Ontario International Airport the application, was not proposed to PLN. terminal development program. contain any uses which would make the Application Type: Use PFC revenue. Decision Date: May 6, 1996. structure eligible under Airport PFC Level: $3.00. FOR FURTHER INFORMATION CONTACT: John Improvement Program or PFC criteria. Total PFC Revenue for Use in this P. Milligan, Western Pacific Region Decision Date: May 10, 1996. Application: $28,157. Airports Division, (310) 725–3621. FOR FURTHER INFORMATION CONTACT: John Charge Effective Date: March 1, 1993. Public Agency: City of Chico, P. Milligan, Western Pacific Region Estimated Charge Expiration Date: California. Airports Division, (310) 725–3621. November 1, 1996. Application Number: 96–02–C–00– Public Agency: Memphis-Shelby Class of Air Carriers not Required to CIC. County Airport Authority, Memphis, Collect PFC’s: No change from previous Application Type: Impose and use a Tennessee. approvals. PFC. Application Number: 96–03–U–00– Brief Description of Projects Approved PFC Level: $3.00. MEM. for Use: Rehabilitate taxiway A, Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30107

Rehabilitate medium intensity runway Brief Description of Projects Approved Public Agency: Charlottesville- lighting runway 5/23. for Collection and Use: Expand auto Albemarle Airport Authority, Brief Description of Project Approved parking lot, Rehabilitate existing Charlottesville, Virginia. in Part for Use: Purchase snow removal parking lot, Rehabilitate taxiway B, Application Number: 96–08–C–00– equipment (broom). Installation of chain link fencing. CHO. Determination: Partially approved. Decision Date: May 16, 1996. Application Type: Impose and use a The snow plow blade, salt spreader, and FOR FURTHER INFORMATION CONTACT: Jon PFC. box have been determined not to be B. Gilbert, Detroit Airports District PFC Level: $3.00. eligible accessories for a broom truck. Office, (313) 487–7281. Total Net PFC Revenue Approved in The carrier vehicle and small swath Public Agency: City of Wendover, this Application: $1,366,139. broom must meet the requirements of Utah. Advisory Circular 150/5220, change 1 to Application Number: 96–01–I–00– Estimated Charge Effective Date: retain this eligibility determination. ENV. February 1, 2002. Decision Date: May 16, 1996. Application Type: Impose a PFC. Estimated Charge Expiration Date: PFC Level: $3.00. FOR FURTHER INFORMATION CONTACT: Jon October 1, 2004. Total Approved Net PFC Revenue: Classes of Air Carriers not Required to B. Gilbert, Detroit Airports District $10,101,700. Office, (313) 487–7281. Collect PFC’s: (1) Air taxi/commercial Earliest Charge Effective Date: August operators filing FAA Form 1800–31; and Public Agency: County of Emmet, 1, 1996. (2) foreign air carriers. Pelleston, Michigan. Estimated Charge Expiration Date: Application Number: 96–04–C–00– January 1, 2026. Determination: Approved. Based on PLN. Class of Air Carriers not Required to information contained in the public Application Type: Impose and use a Collect PFC’s: None. agency’s application, the FAA has PFC. Brief Description of Projects Approved determined that each proposed class PFC Level: $3.00. for Collection: Environmental accounts for less than 1 percent of the Total PFC Revenue Approved in this assessment for new runway 8/26, total annual enplanements at Application: $27,600. update airport layout plan, Bond Charlottesville-Albemarle Airport. Estimated Charge Effective Date: preparation work (financial, market Brief Description of Projects Approved November 1, 1996. study), Partially refurbish aircraft rescue for Collection and Use: Terminal Estimated Charge Expiration Date: and firefighting building, Acquire land building construction and related debt January 1, 1998. for new runway 8/26, Design and service expenses, PFC administrative Class of Air Carriers not Required to construct new runway 8/26, Construct expenses (96–08–C–00–CHO Collect PFC’s: Air taxi/charter operators medium intensity approach lighting application), PFC administrative filing FAA Form 1800–31. system with runway alignment indicator expenses (94–05–I–00–CHO Determination: Approved. Based on lights on runway 26, Relocate west application). information contained in the public perimeter road, Construct connecting Decision Date: May 29, 1996. agency’s application, the FAA has taxiway to runway 8. FOR FURTHER INFORMATION CONTACT: determined that the proposed class Decision Date: May 17, 1996. Robert Mendez, Washington Airports accounts for less than 1 percent of the FOR FURTHER INFORMATION CONTACT: District Office, (703) 285–2570. total annual enplanements at Pellston Chris Schaffer, Denver Airports District Regional Airport of Emmet County. Office, (303) 286–5525. Amendments to PFC Approvals

Amended ap- Previous ap- Previous esti- Amended esti- Amendment No. city, state Amendment proved net proved net mated charge mated charge approved date PFC revenue PFC revenue exp. date exp. date

93±01±C±02±MFR Medford, OR...... 05/15/96 $546,814 $882,999 11/01/95 01/01/95 92±01±I±03±MEM Memphis, TN...... 05/15/96 62,529,000 73,474,000 07/01/03 11/01/03 93±02±C±02±MEM Memphis, TN...... 05/15/96 68,877,000 55,169,000 07/01/03 11/01/03

Issued in Washington, DC on June 6, 1996. SUMMARY: This notice announces an ADDRESSES: It is requested that all Kendall Ball, extension of time to submit comments comments be submitted via the Internet Acting Manager, Passenger Facility Charge concerning the notice entitled, ‘‘A Call by sending an e-mail message with your Branch. for the Development of Prototype(s) for comments (plain text preferred, no [FR Doc. 96–15065 Filed 6–12–96; 8:45 am] a Global Analysis and Information graphics please) to: conceptl BILLING CODE 4910±13±M Network (GAIN).’’ The FAA proposed [email protected]. GAIN to facilitate the collection, Please include your name and analysis, and dissemination of aviation organization. Comments must also be mailed in hard-copy (two copies) via safety information to help the industry [Docket No. 28567] regular mail to: Federal Aviation reach Zero Accidents. Due to A Call for the Development of Administration, 800 Independence considerable interest in GAIN, the FAA Ave., SW., Office of the Chief Counsel, Prototype(s) for a Global Analysis and is extending the comment period to July Information Network (GAIN) Attention: Rules Docket (AGC–200), 19, 1996, to facilitate the preparation of Docket No. 28567, Washington, DC comprehensive comments concerning AGENCY: Federal Aviation 20591. Administration (FAA), DOT. the GAIN concept. All comments must be marked: ‘‘Docket No. 28567.’’ Commenters ACTION: Notice; extension of comment DATE: The comment period is extended wishing the FAA to acknowledge period. until July 19, 1996. receipt of their comments must include 30108 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices a pre-addressed, stamped postcard on Maritime Administration Issued in Washington, DC, on June 6, 1996. which the following statement is made: Phillip A. Leach, ‘‘Comments to Docket No. 28567.’’ The Reports, Forms and Recordkeeping Clearance Officer, United States Department postcard will be date stamped and Requirements; Agency Information of Transportation. mailed to the commenter. Collection Activity Under OMB Review [FR Doc. 96–14982 Filed 6–12–96; 8:45 am] Comments submitted about this AGENCY: Department of Transportation BILLING CODE 4910±18±P Notice may be examined at the FAA at (DOT), Maritime Administration the above address in room 915G on (MARAD). Surface Transportation Board 1 weekdays, except on Federal holidays, ACTION: Notice. between 8:30 a.m. and 5:00 p.m. In [STB Finance Docket No. 32973] addition, commenters will be able to SUMMARY: In compliance with the review all other comments by Internet. Paperwork Reduction Act (44 U.S.C. Consolidated Rail CorporationÐ Your submission should not contain any 3501 et seq.), this notice announces that Trackage Rights ExemptionÐGrand proprietary or other information that the Information Collection Request (ICR) Trunk Western Railroad, Inc. you do not want to be made available abstracted below has been forwarded to Grand Trunk Western Railroad, Inc. to the public. the Office of Management and Budget (OMB) for review and comment. The (GTW) has agreed to grant overhead FOR FURTHER INFORMATION CONTACT: ICR describes the nature of the trackage rights to Consolidated Rail Mr. Chuck Fluet, Manager, Safety information collection and its expected Corporation (Conrail) over rail lines Analysis Division, Office of Aviation cost and burden. The Federal Register located on the GTW River Subdivision Safety, ASY–200, Federal Aviation notice with a 60-day comment period in Trenton, MI, beginning at milepost Administration, 400 7th Street, SW., soliciting comments on the following 10.23 at Quarry Road, extending Washington, DC 20590, telephone 202– collection of information was published southerly to and including the crossover 267–GAIN (202–267–4246). on March 7, 1996 [FR 61, page 9223]. tracks and rail connections at FN DATES: Comments must be submitted on Interlocker at milepost 10.99, SUPPLEMENTARY INFORMATION: On May or before July 8, 1996. continuing south through FN Interlocker 10, 1996, the Federal Aviation FOR FURTHER INFORMATION CONTACT: to West Road at milepost 11.86; and the Administration (FAA) issued a notice Joseph Freeman, (202) 366–6057, and sidetrack at milepost 11.26 and its [Notice] entitled, ‘‘A Call for the refer to the OMB Control Number. associated run-around track up to but Development of Prototype(s) for a not extending beyond King Road or the Global Analysis and Information SUPPLEMENTARY INFORMATION: GTW property line. The trackage rights Network (GAIN)’’ (61 FR 21522). The Title: Applications and Amendments agreement restricts Conrail to using the Notice solicited comments from all for Participant Under Section 651, trackage for purposes of serving the interested parties on the GAIN concept Subtitle B, Merchant Marine Act, 1936, Trenton Steel Warehouse in the city of and implementation strategy for as Amended. Trenton. The trackage rights were to collecting and analyzing aviation safety OMB Control Number: 2133–0525. become effective on or after June 5, data, and invited participation in the Abstract: The Maritime Security Bill 1996. development of proof-of-concept provides for the acceptance of This notice is filed under 49 CFR prototypes. The comment period for this applications for enrollment in the 1180.2(d)(7). If the notice contains false Notice was originally scheduled to end Maritime Security Fleet. Because each or misleading information, the June 14, 1996. vessel accepted as a participant in the exemption is void ab initio. Petitions to However, in order to give interested Maritime Security Fleet will receive revoke the exemption under 49 U.S.C. parties sufficient time to prepare support payments for up to ten years, 10502(d) may be filed at any time. The comprehensive comments concerning the information submitted on the filing of a petition to revoke will not the issues raised in the May 10, 1996, application must be certified to be true stay the transaction. Notice, the FAA has determined that it and correct. An original and 10 copies of all is in the public interest to extend the The information collected will form pleadings, referring to STB Finance comment period. In light of the pool of vessels from which the Docket No. 32973, must be filed with considerable interest in the GAIN Maritime Security Fleet will be selected. the Surface Transportation Board, Office The information collected is intended concept, this extension will allow of the Secretary, Case Control Branch, for: the initial application for commenters additional time to submit 1201 Constitution Avenue, NW., participation in the Maritime Security information. The additional time should Washington, DC 20423 and served on: Fleet, and amendments for additional result in more comprehensive David C. Ziccardi, Associate General vessels or changes to existing vessels or comments, which in turn will facilitate Counsel, Consolidated Rail Corporation, status of the applicant. 2001 Market Street, 16A, P. O. Box more productive communications Respondents: The respondents are between commenters and more fruitful 41416, Philadelphia, PA 19101–1416. carrier desiring to enroll their vessels in As a condition to this exemption, any exploration of potential joint ventures the Maritime Security Program Fleet. prior to the FAA hosting a conference to employees affected by the trackage Annual Reporting and Recordkeeping rights will be protected by the discuss refinements of the GAIN Burden: The number of respondents are concept and prototype(s) development. conditions imposed in Norfolk and approximately 10. The total annual Western Ry. Co.—Trackage Rights—BN, Accordingly, the comment period will responses are 10. The total annual close on July 19, 1996. burden hours are 80. 1 The ICC Termination Act of 1995, Pub. L. No. Issued in Washington, DC on June 11, 1996. Frequency: Reporting is one-time. 104–88, 109 Stat. 803, which was enacted on Send comments to the Office of December 29, 1995, and took effect on January 1, Christopher A. Hart, Information and Regulatory Affairs, 1996, abolished the Interstate Commerce Assistant Administrator for System Safety. Commission and transferred certain functions to the Office of Management and Budget, 725– Surface Transportation Board (Board). This notice [FR Doc. 96–15174 Filed 6–12–96; 8:45 am] 17th Street, NW, Washington, DC 20503, relates to functions that are subject to Board BILLING CODE 4910±13±M Attention MARAD Desk Officer. jurisdiction pursuant to 49 U.S.C. 11323–24. Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30109

354 I.C.C. 605 (1978), as modified in UNITED STATES INFORMATION FOR FURTHER INFORMATION CONTACT: Mendocino Coast Ry., Inc.—Lease and AGENCY Ms. Leigh Rieder, Specialized Programs Operate, 360 I.C.C. 653 (1980). Unit, E/ASU, Room 349, U.S. Hubert H. Humphrey Fellowship Decided: June 6, 1996. Information Agency, 301 4th Street, Program By the Board, David M. Konschnik, SW., Washington, DC 20547, telephone: Director, Office of Proceedings. ACTION: Notice; request for proposals. (202) 619–5289, fax: (202) 401–1433, Vernon A. Williams, Internet address: [email protected], to SUMMARY: The Office of Academic request a Solicitation Package Secretary. Programs of the United States [FR Doc. 96–15047 Filed 6–12–96; 8:45 am] containing more detailed award criteria, Information Agency’s Bureau of required application forms, and BILLING CODE 4915±00±P Educational and Cultural Affairs standard guidelines for preparing announces an open competition for an proposals, including specific criteria for assistance award. Washington-based preparation of the proposal budget. [STB Finance Docket No. 32972] public and private non-profit organizations meeting the provisions To Download a Solicitation Package via K & E Railway CompanyÐAcquisition described in IRS regulation 26 CFR Internet and Operation ExemptionÐThe 1.501(c)(3)–1 may apply to assist USIA The Solicitation Package may be Atchison, Topeka and Santa Fe in the administration of the Hubert H. downloaded from USIA’s website at Railway Company Humphrey Fellowship Program http://www.usia.gov/ or from the Washington Workshop. The Internet Gopher at gopher.usia.gov. K & E Railway Company, a noncarrier, organization will plan and implement a Under the heading ‘‘International has filed a verified notice of exemption conference up to four days for Exchange/Training,’’ select ‘‘Request for under 49 CFR 1150.31 to acquire and approximately 117 mid-career Proposals.’’ Please read ‘‘About the operate over approximately 57.69 miles professionals from developing Following RFPs’’ before downloading. of rail lines of The Atchison, Topeka countries, Central/Eastern Europe, and and Santa Fe Railway Company as the NIS between the dates of May 3 to Please specify USIA Program Officer follows: (i) Between milepost 0.6, at or May 21, 1997 (final dates to be Leigh Rieder on all inquiries and near Kiowa, KS, and milepost 56.98, at determined). correspondences. Interested applicants or near Blanton, OK; and (ii) between Overall grant making authority for should read the complete Federal mileposts 299.88 and 301.19 near this program is contained in the Mutual Register announcement before sending Cherokee, OK. Educational and Cultural Exchange Act inquiries or submitting proposals. Once The transaction was expected to be of 1961, Public Law 87–256, as the RFP deadline has passed, Agency consummated on or after May 30, 1996. amended, also known as the Fulbright- staff may not discuss this competition in Hays Act. The purpose of the Act is ‘‘to any way with applicants until the If the verified notice contains false or enable the Government of the United Bureau proposal review process has misleading information, the exemption States to increase mutual understanding been completed. is void ab initio. Petitions to reopen the between the people of the United States proceeding to revoke the exemption Submissions and the people of other countries * * *; under 49 U.S.C. 10502(d) may be filed to strengthen the ties which unite us at any time. The filing of a petition to Applicants must follow all with other nations by demonstrating the revoke will not automatically stay the instructions given in the Solicitation educational and cultural interests, transaction. Package. The original and six copies of developments, and achievements of the the proposal should be sent to: U.S. An original and 10 copies of all people of the United States and other Information Agency, Ref.: E/ASU–96– pleadings, referring to STB Finance nations * * * and thus to assist in the 05, Office of Grants Management, E/XE, Docket No. 32972, must be filed with development of friendly, sympathetic Room 326, 301 4th Street, SW., the Surface Transportation Board, Office and peaceful relations between the Washington, DC 20547. of the Secretary, Case Control Branch, United States and the other countries of Diversity Guidelines 1201 Constitution Avenue, NW., the world.’’ Programs and projects must Washington, DC 20423. In addition, a conform with Agency requirements and Pursuant to the Bureau’s authorizing copy of each pleading must be served on guidelines outlined in the Solicitation legislation, programs must maintain a Karl Morell, Ball, Janik & Novack, 1455 Package. USIA projects and programs non-political character and should be F Street, NW., Suite 225, Washington, are subject to the availability of funds. balanced and representative of the DC 20005. ANNOUNCEMENT TITLE AND NUMBER: All diversity of American political, social, Decided: June 6, 1996. communications with USIA concerning and cultural life. ‘‘Diversity’’ should be By the Board, David M. Konschnik, this announcement should refer to the interpreted in the broadest sense and Director, Office of Proceedings. above title and reference number E/ encompass differences including, but Vernon A. Williams, ASU–96–05. not limited to ethnicity, race, gender, Secretary. DEADLINE FOR PROPOSALS: All copies religion, geographic location, socio- [FR Doc. 96–15048 Filed 6–12–96; 8:45 am] must be received at the U.S. Information economic status, and physical BILLING CODE 4915±00±P Agency by 5 p.m. Washington, DC time challenges. Applicants are strongly on Thursday, July 11, 1996. Faxed encouraged to adhere to the 1 The ICC Termination Act of 1995, Pub. L. No. documents will not be accepted, nor advancement of this principle both in 104–88, 109 Stat. 803, which was enacted on will documents postmarked July 11 but program administration and in program December 29, 1995, and took effect on January 1, received at a later date. It is the content. Please refer to the review 1996, abolished the Interstate Commerce responsibility of each applicant to criteria under the ‘Support for Diversity’ Commission and transferred certain functions to the Surface Transportation Board (Board). This notice ensure that proposals are received by section for specific suggestions on relates to functions that are subject to Board the above deadline. Grant should begin incorporating diversity into the total jurisdiction pursuant to 49 U.S.C. 10901. on or about September 16, 1996. proposal. 30110 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

Overview The Agency encourages proposals 1. Quality/responsiveness of the The Hubert H. Humphrey Fellowship from organizations whose staffs reflect a program idea. Proposals should exhibit Program provides a year of non-degree, broad variety of ethnic backgrounds, originality, substance, precision, graduate level study and related whose programs encompass a range of cultural sensitivity and responsiveness professional experiences to mid-level diversity interests, and/or whose to the material set forth herein and in professionals from developing mission includes furthering the interest the solicitation package. Proposals countries, Central/Eastern Europe, and of traditionally under-represented should clearly demonstrate how the the NIS. Fellowships are granted groups. institution will meet the workshop’s competitively to public and private The recipient organization will be objectives. sector candidates with a commitment to responsible for most arrangements 2. Multiplier effect/impact. Proposed public service in the fields of natural associated with this workshop. These program should strengthen long-term resources/environmental management, include organizing a coherent schedule mutual understanding and encourage public policy analysis/administration, of activities, making lodging and collaboration among fellows after the economic development, agricultural transportation arrangements for fellowship year. development/economics, finance/ participants, preparing all necessary 3. Support of diversity. Proposals banking, human resource management/ support materials, working with should demonstrate the recipient’s personnel, urban and regional planning, Humphrey Coordinators from host commitment to promoting the public health policy/management, universities and IIE staff to achieve awareness and understanding of technology policy/management, maximum workshop effectiveness, diversity. educational planning, and conducting a final evaluation, and other 4. Institutional Capacity. Proposed communications/journalism. Fellows details which are outlined in the personnel and institutional resources are placed by professional field in solicitation package. Drafts of all printed should be adequate and appropriate to groups of seven to 13 at one of 11 materials developed for the workshop achieve the workshop’s goals. participating host universities around should be submitted to the Agency for 5. Institution’s Record/Ability. the country. The Agency is assisted in review and approval. All official Proposals should demonstrate past the administration of the program by the documents should highlight the U.S. success in administering workshops for Institute of International Education (IIE) Government’s role as program director international professional participants. under a cooperative agreement with the and funding source. Please refer to The Agency will consider the past Agency. Fellows are nominated for the program guidelines in the solicitation performance of prior recipients and the program by USIA overseas posts or package for further details. demonstrated potential of new Fulbright commissions based on their Proposed Budget applicants. potential for national leadership, 6. Project Evaluation. Proposals commitment to public service, and The award for this project may not exceed $158,000, and cost sharing is should include a plan to evaluate the professional and academic workshop’s success, both as the qualifications. By providing these future strongly encouraged. Applicants must submit a comprehensive, line-item activities unfold and at the end of the leaders with exposure to U.S. society, program. A draft survey questionnaire and to current U.S. approaches to the budget for the entire workshop. There must be a summary budget as well as or other technique plus description of a fields in which they work, the program methodology to link outcomes to provides a basis for establishing lasting separate break downs of administrative and program costs. Please refer to the original workshop objectives is ties among U.S. citizens and their recommended. professional counterparts in other solicitation package for complete budget guidelines and formatting instructions. 7. Cost-effectiveness. Staff salaries, countries. levels of staff support, and overhead The objectives of the workshop are to: Review Process should be kept as low as possible. The • Enhance fellows’ understanding of proposal will be judged on its U.S. social, cultural, and political USIA will acknowledge receipt of all responsiveness to achieving effective processes and institutions, including the proposals and will review them for administration at reduced funding unique political environment of technical eligibility. Proposals will be levels. Washington, D.C. deemed ineligible if they do not fully • Emphasize opportunities for adhere to the guidelines stated herein 8. Cost-sharing. Proposals should regional and professional networking and in the solicitation package. All maximize cost-sharing through other among fellows. eligible proposals will be reviewed by private sector support and institutional • Highlight fellows’ contributions to the program office and forwarded to a direct funding contributions. U.S. communities with U.S. decision panel of USIA officers for advisory Notice makers. review. Proposals may be reviewed by the Office of the General Counsel or by The terms and conditions published Guidelines other Agency elements. Funding in this RFP are binding and may not be Non-profit organizations with key decisions are at the discretion of the modified by any USIA representative. program staff based in the Washington, USIA Associate Director for Educational Explanatory information provided by D.C. metropolitan area and available for and Cultural Affairs. Final technical the Agency that contradicts published frequent meetings with USIA staff are authority for assistance awards (grants language will not be binding. Issuance invited to submit proposals. or cooperative agreements) resides with of the RFP does not constitute an award Organizations also must have the USIA grants officer. commitment on the part of the experience in conference management, Government. The Agency reserves the professional exchanges, and Review Criteria right to reduce, revise, or increase international exchanges. Only Technically eligible applications will proposal budgets in accordance with the organizations with at least four years of be competitively reviewed according to needs of the program and the experience in international exchange the criteria stated below. These criteria availability of funds. Awards made will activities are eligible to apply for this are not rank ordered, and all carry equal be subject to periodic reporting and award. weight in the proposal evaluation: evaluation requirements. Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30111

Notification in December 1992. Since that time, open and C Streets, NW, Washington, D.C. Final awards cannot be made until houses, public meetings, and mail-outs 20240. funds have been allocated and have been conducted to solicit Department of the Interior, Central Utah committed through internal USIA comments and ideas. Any comments Project Completion Act Office, 302 procedures. received throughout the process have East 1860 South, Provo, Utah 84606. been considered. Dated: June 5, 1996. Dated: June 10, 1996. DATES: Written comments on the DEIS Dell Pendergrast, Michael C. Weland, must be submitted or postmarked no Executive Director, Utah Reclamation Deputy Associate Director for Educational later than August 13, 1996. Comments and Cultural Affairs. Mitigation and Conservation Commission. on the DEIS may also be presented [FR Doc. 96–15007 Filed 6–12–96; 8:45 am] [FR Doc. 96–14728 Filed 6–12–96; 8:45 am] verbally or submitted in writing at the BILLING CODE 8230±01±M public hearings to be held at the BILLING CODE 4310±05±P following times and locations: • 6:00 p.m., July 16, 1996; Wasatch UTAH RECLAMATION MITIGATION County Middle School, 800 South 200 DEPARTMENT OF VETERANS AND CONSERVATION COMMISSION East, Heber City, Utah AFFAIRS • 6:30 p.m., July 17, 1996; Salt Lake Provo River Restoration Project County Commission Chambers, 2001 A Child Development Center at the AGENCIES: The Utah Reclamation South State, Salt Lake City, Utah VAMC, Reno, NV The public hearings are being held to Mitigation and Conservation address two separate actions: (1) The AGENCY Commission (Commission) and the : Veterans Affairs. Wasatch County Water Efficiency Department of the Interior (Department). ACTION: Notice of designation. Project and Daniel Replacement Project, ACTION: Notice of availability of the and (2) the Provo River Restoration SUMMARY: The Secretary of the Draft Environmental Impact Statement Project. Each action should be Department of Veterans Affairs is (DEIS). addressed separately. Testimony may be designating the Reno, NV, Department SUMMARY: Pursuant to section 102(2)(C) given on each of the two actions but of Veterans Affairs Medical Center of the National Environmental Policy should be made and identified as two (VAMC) for Enhanced-Use Act of 1969, as amended, the separate presentations. In order to be development. The Department intends Commission and the Department have included as part of the hearing record, to enter into a long-term lease of real issued a joint Draft Environmental written testimony must be submitted at property with the developer whose Impact Statement (DEIS) for the Provo the time of the hearing. Verbal proposal will provide the best quality River Restoration Project (PRRP). The testimony will be limited to 5 minutes child development and care at the DEIS analyzes alternatives and impacts for each DEIS. Those wishing to give greatest economic advantage for associated with measures to restore and testimony at a hearing should submit a children of VAMC employees. The improve the fish habitat, riparian registration form, included at the end of developer will be responsible for all habitat, and natural functioning of the the DEIS, to the address listed below by aspects of construction, ownership, Provo River between Jordanelle Dam July 15, 1996. maintenance, and operation of the Child and Deer Creek Reservoir, Wasatch ADDRESSES: Comments on the DEIS Development Center. County, Utah. These measures are should be addressed to: Michael C. FOR FURTHER INFORMATION CONTACT: required by the 1988 Aquatic Mitigation Weland, Executive Director, Utah Brian A. McDaniel, Office of Asset and Plan for the Strawberry Aqueduct and Reclamation Mitigation and Enterprise Development (189), Veterans Collection System (SACS) of the Conservation Commission, 355 West Health Administration, Department of Bonneville Unit of CUP as partial 1300 South, Orem, Utah 84058. Veterans Affairs, 810 Vermont Avenue, mitigation for past impacts of the CUP FOR FURTHER INFORMATION: Additional NW., Washington, DC 20420, (202) 565– to this and other reaches of the Provo copies of the DEIS, copies of the 4307. River and to other streams within the resources technical reports, or SUPPLEMENTARY INFORMATION: 38 U.S.C. Bonneville Unit area. The Central Utah information on matters related to this 8161 et seq., specifically provides that Project Completion Act (CUPCA) also notice can be obtained on request from: the Secretary may enter into an authorizes additional fish habitat Ms. Nancy Hardman, Central Utah Enhanced-Use lease, if the Secretary improvements, riparian habitat Water Conservancy District, 355 West determines that at least part of the use rehabilitation, and recreational facilities 1300 South, Orem, Utah 84058, of the property under the lease will be on the Provo River. The Provo River Telephone: (801) 226–7187, Fax: (801) to provide appropriate space for an Restoration Project plan presents three 226–7150. activity contributing to the mission of action alternatives which meet, to a Copies are also available for the Department; the lease will not be greater or lesser degree depending on inspection at: inconsistent with and will not adversely the alternative selected, the Central Utah Water Conservancy affect the mission of the Department; Commission’s habitat restoration and District, 355 West 1300 South, Orem, and the lease will enhance the property. improvement mitigation and Utah 84058. This project meets these requirements. conservation responsibilities associated Utah Reclamation Mitigation and with the Provo River corridor in Heber Conservation Commission, 111 East Approved: May 10, 1996. Valley. Broadway, Suite 310, Salt Lake City, Jesse Brown, Public participation has occurred Utah 84111. Secretary, Veterans Affairs. throughout the EIS process. A Notice of Department of the Interior, Natural [FR Doc. 96–14983 Filed 6–12–96; 8:45 am] Intent was filed in the Federal Register Resource Library, Serials Branch, 18th BILLING CODE 8310±01±M eDt 9MY9 05 u 2 96Jt009 O000Fm001Ft41 ft41 :F\MP3N.T 13jnp2 E:\FR\FM\P13JN2.PT2 Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt010199 20:54Jun12, 1996 VerDate 29-MAY-96 federal register June 13,1996 Thursday of Meetings;ProposedRule Game BirdHuntingRegulations;Notice Supplemental ProposalsforMigratory 50 CFRPart20 Fish andWildlifeService Interior Department ofthe Part II 30113 30114 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules

DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Paul recommendations for regular waterfowl R. Schmidt, Chief, Office of Migratory seasons and other species and seasons Fish and Wildlife Service Bird Management, U.S. Fish and not previously discussed at the early Wildlife Service, (703) 358–1714. season meetings. The August 1 meeting 50 CFR Part 20 SUPPLEMENTARY INFORMATION: will ensure that the Service develops its regulations recommendations in full RIN: 1018-AD69 Regulations Schedule for 1996 consultation. On March 22, 1996, the Service In accordance with Departmental Migratory Bird Hunting; Supplemental policy on meetings of the Service Proposals for Migratory Game Bird published in the Federal Register (61 FR 11992) a proposal to amend 50 CFR Migratory Bird Regulations Committee Hunting Regulations; Notice of attended by any person outside the Meetings. part 20. The proposal dealt with the establishment of seasons, limits, and Department, these meetings will be open to public observation. Members of AGENCY: Fish and Wildlife Service, other regulations for migratory game the public may submit written Interior. birds under §§ 20.101 through 20.107, comments on the matters discussed to ACTION: Proposed rule; supplemental. 20.109, and 20.110 of subpart K. This document is the second in a series of the Director. SUMMARY: The U.S. Fish and Wildlife proposed, supplemental, and final rules Announcement of Flyway Council Service (hereinafter the Service) for migratory game bird hunting Meetings proposed in an earlier document to regulations. The Service will propose On July 27-29, 1996, Service establish annual hunting regulations for early-season frameworks in late June certain migratory game birds for the representatives will attend the joint and and late-season frameworks in early individual Flyway Council meetings at 1996–97 hunting season. This August. The Service will publish final the Adams Mark Hotel in Kansas City, supplement to the proposed rule regulatory frameworks for early seasons Missouri. Although specific agendas are provides the regulatory schedule, on or about August 14, 1996, and those not yet available, these meetings will announces the Service Migratory Bird for late seasons on or about September begin the afternoon of the 27th and Regulations Committee and Flyway 23, 1996. close the afternoon of the 29th. Councils meetings, and describes On June 27, 1996, the Service will proposed changes from 1995–96 hold a public hearing in Washington, Review of Public Comments hunting regulations. DC, to review the status of migratory This supplemental rulemaking DATES: The Service Migratory Bird shore and upland game birds and describes recommended changes based Regulations Committee will consider waterfowl hunted during early seasons on the preliminary proposals published and develop proposed regulations for and the recommended hunting in the March 22, 1996, Federal Register. early-season migratory bird hunting on regulations for these species. This supplement includes only those June 25, 26, and 27, and for late-season On August 2, 1996, the Service will recommendations requiring either new migratory bird hunting on July 31, hold a public hearing in Washington, proposals or substantial modification of August 1, and 2. The Service will hold DC, to review the status of waterfowl the preliminary proposals. This public hearings on proposed early- and and recommended hunting regulations supplement does not include late-season frameworks at 9:00 a.m. on for regular waterfowl seasons, and other recommendations that support or June 27 and August 2, 1996, species and seasons not previously oppose but do not recommend respectively. The comment period for discussed at the June 27 public hearing. alternatives to the preliminary proposed migratory bird hunting-season proposals. The Service will consider Announcement of Service Migratory frameworks for Alaska, Hawaii, Puerto these comments later in the regulations- Bird Regulations Committee Meetings Rico, the Virgin Islands, and other early development process. The Service will seasons will end on July 25, 1996. The The June 25 meeting will review publish responses to proposals, written comment period for late-season information on the current status of comments, and public-hearing proposals will end on September 3, migratory shore and upland game birds testimony when it develops final 1996. and develop 1996–97 migratory game frameworks. ADDRESSES: The Service Migratory Bird bird regulations recommendations for The Service seeks additional Regulations Committee will meet in these species plus regulations for information and comments on the room 200 of the U.S. Fish and Wildlife migratory game birds in Alaska, Puerto recommendations in this supplemental Service’s Arlington Square Building, Rico, and the Virgin Islands; special proposed rule. The Service will 4401 N. Fairfax Drive, Arlington, September waterfowl seasons in consider all recommendations and Virginia. The Service will hold public designated States; special sea duck associated comments during hearings in the Auditorium of the seasons in the Atlantic Flyway; and development of the final frameworks. Department of the Interior Building, extended falconry seasons. In addition, New proposals and modifications to 1849 C Street, NW., Washington, DC. the Service will review and discuss previously described proposals are Parties should submit written comments preliminary information on the status of discussed below. Wherever possible, on the proposals and/or a notice of waterfowl as it relates to the they are discussed under headings intent to participate in either hearing to development of the regulatory packages corresponding to the numbered items in the Chief, Office of Migratory Bird for the 1996–97 regular waterfowl the March 22, 1996, Federal Register. Management, U.S. Fish and Wildlife seasons. The June 26 meeting will Service, Department of the Interior, ms ensure that the Service develops its 1. Ducks 634—ARLSQ, 1849 C Street, NW., regulations recommendations in full Categories used to discuss issues Washington, DC 20240. The public may consultation. related to duck harvest management are: inspect comments during normal The July 31 meeting will review (A) Harvest Strategy Considerations, (B) business hours in room 634, ARLSQ information on the current status of Framework Dates, (C) Season Length, Building, 4401 N. Fairfax Drive, waterfowl and develop 1996–97 (D) Closed Seasons, (E) Bag Limits, (F) Arlington, Virginia. migratory game bird regulations Zones and Split Seasons, and (G)

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Special Seasons/Species Management. pintails, recommendations for the 1996 harvest distribution pattern among Categories containing substantial regulations process. species or populations at either the State recommendations are discussed below. or Flyway level. The 1990 review did B. Framework Dates not show that the proliferation of these A. Harvest Strategy Considerations Council Recommendations: The options had increased harvest pressure; Council Recommendations: In the Lower-Region Regulations Committee of however, the ability to detect the impact March 22, 1996, Federal Register, the the Mississippi Flyway Council of zone/split configurations was poor Service reported on recommendations recommended the AHM technical because of poorly chosen response made by an Adaptive Harvest working group investigate the impacts variables, the lack of statistical tests to Management (AHM) technical working of a January 31 framework closing date. differentiate between real and perceived group for the 1996 regulatory process. C. Season Length changes, and the absence of adequate Comprised of representatives from the experimental controls. Therefore, the Service and the four Flyway Councils, Council Recommendations: In the 1990 strategy intended to provide a the working group was established in regulations packages recommended for framework for controlling the 1992 to develop recommendations for 1996–97, the Upper- and Lower-Region proliferation of changes in zone/split improving the regulation of duck Regulations Committees of the options and limited changes to 5-year harvests. The working group’s function Mississippi Flyway Council intervals. The first open season for is, however, strictly technical in nature. recommended the season length in the changes was in 1991 and the second All four Flyways continued to express ‘‘liberal’’ package be 51 days instead of occurs this year when zone/split support for the AHM approach to setting 50 days. The Central Flyway Council configurations will be established for duck hunting regulations. However, the recommended the season length in the the 1996–2000 period. Mississippi, Central, and Pacific Flyway ‘‘liberal’’ package be 67 days instead of Council Recommendations: The Councils recommended some 60 days. Flyway Councils made several recommendations on the Service’s modifications to the specific regulatory D. Bag Limits packages recommended by the working proposed guidelines on the use of zones Council Recommendations: The group, and these modifications are and split seasons for duck hunting. The Upper- and Lower-Region Regulations identified below under ‘‘Season Service published these guidelines in Committees of the Mississippi Flyway Length,’’ ‘‘Bag Limits,’’ and ‘‘Special the March 22, 1996, Federal Register. Council and the Central Flyway Council Seasons/Species Management.’’ The Central Flyway Council recommended the redhead daily bag recommended non-contiguous zones be The Atlantic Flyway Council limit in the ‘‘liberal’’ package be 2 birds allowed when supported by adequate endorsed the AHM technical working instead of 1. justification. The Council also made group’s recommendations regarding The Lower-Region Regulations several recommendations regarding the harvest-management objectives, use of Committee of the Mississippi Flyway use of additional days in the High Plains mid-continent mallard population Council also recommended the overall Management Unit. The Council models, and regulatory options for the daily bag limit in the ‘‘liberal’’ package recommended the restrictions ‘‘must be Atlantic Flyway in 1996. be 6 birds instead of 5, and within this consecutive’’ and ‘‘after the regular duck The Upper-Region Regulations overall limit, the daily bag limit for season’’ be removed from the proposed Committee of the Mississippi Flyway mottled ducks be 4 instead of 3; and the guidelines. Further, the Council Council expressed support for no more limit for ringnecks, scaup, goldeneyes, recommended additional days in the than three regulations packages, but and buffleheads be 4 instead of 5. Limits management unit be restricted to one recommended a harvest-management for black ducks, pintails, wood ducks, split (i.e., two segments). objective (objective function) that and canvasbacks would be the same as The Pacific Flyway Council achieves an equal balance between in 1995. recommended the guidelines for zones harvest and a breeding population Written Comments: The allow identical season dates and/or objective of 8.1 million mallards. Massachusetts Division of Fisheries and different zoning configurations with The Lower-Region Regulations Wildlife recommended any ‘‘liberal’’ different regulatory packages. Committee of the Mississippi Flyway regulatory package delete the hen Regarding Flyway Council Council requested the working group mallard restriction in the Atlantic recommendation for specific changes investigate the addition of both a more Flyway. requested by States, the Atlantic Flyway conservative and a more liberal Council recommended the State of regulatory package to the group of E. Zones and Split Seasons Maine be granted a waiver for its regulations packages offered for the In 1990, the Service established proposed zoning option for 1996–2000. 1997–98 hunting season. guidelines for the use of zones and split The Upper-Region Regulations The Central Flyway Council seasons for duck hunting (Federal Committee of the Mississippi Flyway supported the working group’s Register 55 FR 38901). These guidelines Council recommended the Service recommendation to modify the objective were based upon a cooperative review approve changes to zone-boundary function so that it continue to reflect the and evaluation of the historical use of configurations proposed by Illinois, broad resource values of the population zone/split options. The Service Indiana, Michigan, and Wisconsin for goals of the North American Waterfowl reiterated 1977 criteria that the primary the 1996–2000 period. The Central Management Plan (NAWMP), but purpose of these options would be to Flyway Council recommended the commented that many technical issues provide more equitable distribution of Service approve Nebraska’s duck will need to be resolved before AHM harvest opportunity for hunters hunting zone proposal. The Pacific will be fully operational for multiple throughout a State. In 1977, the Service Flyway Council recommended the stocks of ducks. had also stated that these regulations Service approve duck zone changes in The Pacific Flyway Council endorsed should not substantially change the Arizona, Nevada, Oregon, and Utah for the AHM working group’s 1996 duck pattern of harvest distribution among the 1996–2000 period. regulations approach and, with the States within a Flyway, nor should Written Comments: The Nebraska exception of a harvest strategy for these options detrimentally change the Game and Parks Commission and the

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Kansas Department of Wildlife and Regarding Flyway Council 2. Alternative Options: Where the Parks recommended the restrictions recommendations to alter the definition Basic Option is deemed undesirable, ‘‘must be consecutive’’ and ‘‘after the and interpretation of a ‘‘zone’’ that States may choose one of the following: regular duck season’’ be removed from would allow the establishment of a. No more than three zones with no the proposed guidelines on the use of hunting areas with non-contiguous splits, additional days in the High Plains boundaries or concurrent seasons, the b. A 3-way split with no zones, or Management Unit. Both noted these Service has reviewed the rationale c. Two zones with the option for 2- requirements were new and seemed provided with the recommendations way split seasons in one or both zones. unnecessary. and believes that the definition/ At the end of 5 years after any The Nebraska Game and Parks interpretations previously used are still changes in splits or zones (except Commission recommended the addition appropriate. The requirement for conversions to the Basic Option), States of a provision allowing the use of non- contiguous boundaries for zones and will be required to provide the Service contiguous zones when supported by different season dates among zones with a review of pertinent data (e.g., strong justification. The Wyoming Game supports a primary objective of the estimates of harvest, hunter numbers, and Fish Department also requested a guidelines for selecting zones/split hunter success, etc.). This review does variance from the contiguous-boundary seasons for duck hunting, which is to not have to be the result of a rigorous criterion, stating that the current zoning improve stability in hunting regimes. If experimental design, but nonetheless guidelines do not seem to contain the concurrent seasons among zones were should assist the Service in ascertaining flexibility needed to address the allowed, States would in effect have the whether major undesirable changes in considerable variation in hunting option to either zone or not zone. With harvest or hunter activity occurred as a opportunity associated with the diverse respect to non-contiguous boundaries, result of split and zone regulations. The physiographic regions found in many the Service believes that the current next open season for changes in zone/ Rocky Mountain States. guidelines allow States sufficient split configurations will be 2001. Service Response: For the 1996 open flexibility to address differences in Using the above revised guidelines, season, the Service proposed in the physiography, climate, etc. within a the Service reviewed specific proposals March 22, 1996, Federal Register use of State. Allowing either of these for zoning changes submitted to date, the existing 1990 guidelines, with an exceptions in interpretation could including those recommended by the exception for the handling of special further confound our ability to regulate Flyway Councils and those proposed by management units. The Service and evaluate overall harvest pressure on the various States. Proposals by the proposed to delete the following ducks. States of Arizona, Illinois, Kentucky, provision from the 1990 guidelines: The following zone/split-season Maine (boundary change), Michigan, Special Management Unit Limitation: guidelines apply only for the regular Mississippi, Montana, Nevada, Oregon, Within existing Flyway boundaries, duck season and include several South Dakota, Utah, and Wisconsin States may not zone and/or use a 3-way definitions and interpretations were within the established guidelines split season simultaneously within a developed in response to questions and are approved for the 1996–2000 special management unit and the during and following the first open period. Proposals by the States of remainder of the State. season in 1991. For clarification, these Indiana, Kansas, Maine (creation of The Service proposed this change are reiterated: third zone), and Wyoming did not with the understanding that the 1. A zone is a geographic area or comply with the revised guidelines and additional days allowed for a portion of a State, with a contiguous the Service requests these States revise management unit must be consecutive boundary, for which independent dates their proposals accordingly. and, for the Central Flyway, be held (at least 1 day difference) can be Regarding Nebraska’s proposed both after the Saturday nearest selected for the regular duck season. zoning plan, the Service does not December 10 and after the regular duck 2. Consideration of changes for support the Central Flyway Council’s season. While the Service continues to management-unit boundaries are not recommendation that would allow a support this proposed change, based on subject to the guidelines and provisions variance to Nebraska or any other State preliminary comments, the Service is governing the use of zones and split for establishment of non-contiguous now proposing an additional special seasons for ducks. zone boundaries. The use of ‘‘early’’ and provision for management units: For the ‘‘late’’ zones in the Low Plains portion 3. Only minor (less than a county in States that have a recognized of Nebraska during 1991–95 is clearly size) boundary changes will be allowed management unit and include a non- outside the established guidelines, but for any grandfather arrangement, and management unit portion, an was allowed (1991–95) under the changes are limited to the open season. independent 2-way split season with no grandfather clause. In the event that this zones can be selected for the 4. Any State may change its zone/split arrangement is now unacceptable, management unit. The remainder of the arrangement to the Basic Option at any Nebraska must use the guidelines State in the non-management unit time during the 5 years between open provided above to establish a zone/split portion can be zoned/split according to seasons. If such a change is made, the configuration for the 1996–2000 period. existing guidelines. Basic Option must be continued for the Under the grandfather arrangement, Regarding the Central Flyway Council remainder of the 5-year period. minor boundary changes are allowed recommendation that the criteria ‘‘must For the 1996–2000 period, any State and Nebraska’s proposed Low Plains be consecutive’’ and ‘‘after the regular may continue the configuration used in zone boundary changes would be duck season’’ be removed from the 1991–1995. If changes are made, the acceptable. guidelines on the use of additional High zone/split-season configuration must Plains Management Unit days, the conform to one of the following options: F. Special Seasons/Species Management Service reviewed the justification 1. Basic Option: The Basic Option, i. Canvasbacks provided and believes that restrictions available at any time to any State, would Council Recommendations: The regarding the use of additional days allow the regular duck season to be split Lower-Region Regulations Committee of should remain as proposed. into two segments with no zones. the Mississippi Flyway Council

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Snow and Ross’s Geese Central Flyway Council recommended a Council Recommendations: The harvest strategy for pintails based on the Atlantic Flyway Council recommended Council Recommendations: The breeding population size. The pintail the frameworks for September Canada Lower-Region Regulations Committee of daily bag limit would be 1 with a pintail goose seasons in the Atlantic Flyway be the Mississippi Flyway Council breeding population below 3.0 million; modified as follows: recommended the Service give serious 2 with a breeding population between September 1–15: Montezuma region consideration to innovative approaches 3.0 and 4.5 million; 3 with a breeding of New York, Lake Champlain region of to harvest management for snow geese. population between 4.5 and 5.6 million; New York and Vermont, Maryland The Committee also recommended the and equal to the overall daily bag limit (Caroline, Cecil, Dorchester, and Talbot Service consider recent changes in the with a breeding population above 5.6 Counties), South Carolina, and Migratory Bird Treaty to provide greater million. Delaware. hunter opportunities for snow geese. The Pacific Flyway Council September 1–20: North Carolina recommended guidelines for the 1996– The Central Flyway Council (Currituck, Camden, Pasquotank, recommended a March 10 framework 97 Pacific Flyway pintail harvest Perquimans, Chowan, Bertie, closing date for hunting light geese regulations based on a prescriptive Washington, Tyrrell, Dare, and Hyde throughout the Central Flyway. basis. A matrix of breeding population Counties). size from a subset of survey strata September 1–30: New Jersey and However, the Council further association with the Pacific Flyway remaining portion of North Carolina. recommended within the Rainwater breeding population and the numbers of September 1–25: Remaining portion Basin Region in Nebraska, the prairie ponds counted during the May of Flyway, except Georgia and Florida. framework closing date be February 1 survey would determine bag limits. The Lower-Region Regulations for hunting light geese on land owned iii. September Teal Seasons Committee of the Mississippi Flyway or controlled by the Nebraska Game and Council Recommendations: The Council recommended the Service Parks Commission or the Service. Upper-Region Regulations Committee of continue to closely monitor the impacts 8. Swans the Mississippi Flyway Council of early Canada goose seasons, recommended a 5-day experimental including both special seasons and Council Recommendations: The September teal season be offered to the September openings of regular seasons, Atlantic Flyway Council recommended production States of Iowa, Michigan, to insure that cumulative impacts do not eliminating the requirement that tundra Minnesota, and Wisconsin for a 3-year adversely affect migrant Canada geese swan seasons must be held during snow period. The Committee recommended a and to insure that special seasons goose seasons. daily bag limit of 4 teal with sunrise to adhere to the criteria established by the 9. Sandhill Cranes sunset shooting hours. Service. The Central Flyway Council The Upper-Region Regulations Council Recommendations: The recommended a harvest strategy of Committee of the Mississippi Flyway Central Flyway Council recommended linking regulatory packages developed Council and the Pacific Flyway Council Wyoming’s sandhill crane hunt area for the September teal season with those made several recommendations relating expand to include Park and Big Horn developed for the regular duck season to September Canada goose seasons. All Counties. under the Adaptive Harvest of the recommendations were within the The Pacific Flyway Council Management process. For 1996, the established criteria for special Canada recommended season modifications in Council recommended either a goose seasons published in the August Montana and Wyoming. In Montana, the ‘‘restrictive’’ package of 5 days with a 29, 1995, Federal Register (60 FR Council recommended a new hunt zone daily bag limit of 3 teal, a ‘‘moderate’’ 45020). in the Ovando-Helmville area. In package of 9 days with a daily bag limit Written Comments: The Wyoming, the Council recommended of 4 teal, or a ‘‘liberal’’ package of 16 Massachusetts Division of Fisheries and expanding the season from 3 to 8 days, days with a daily bag limit of 5 teal. Wildlife supported extending the iv. September Duck Seasons September frameworks for September increasing the number of permits, and Council Recommendations: The Canada goose seasons in the Atlantic establishing a new hunt zone in Park Upper-Region Regulations Committee of Flyway to September 25. and Big Horn Counties. the Mississippi Flyway Council 18. Alaska recommended Iowa be allowed to hold B. Regular Seasons up to 5 days of its regular duck hunting Council Recommendations: The Council Recommendations: The season in September, starting no earlier Upper-Region Regulations Committee of Pacific Flyway Council recommended than the Saturday nearest September 14. the Mississippi Flyway Council the establishment of separate basic The remainder of the Iowa regular duck recommended a September 21 limits for geese. For dark geese, the season could begin no earlier than framework opening date for the regular Council recommended a basic daily bag October 10. goose season in the Upper Peninsula of limit of 4, with 8 in possession. For light v. Other Species Michigan and statewide in Wisconsin. geese, the Council recommended a daily Council Recommendations: The The Pacific Flyway Council reiterated bag limit of 3, with 6 in possession. The Atlantic Flyway Council recommended its 1995 recommendation that Alaska, proposed limits would be subject to area black duck harvest restrictions in place Oregon, and Washington take actions to restrictions for Canada geese and limits during the 1990–94 period be continued reduce the harvest of dusky Canada for brant and emperor geese would or increased for a 3-year period where geese. remain separate.

VerDate 29-MAY-96 20:54 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00005 Fmt 4701 Sfmt 4701 E:\FR\FM\P13JN2.PT2 13jnp2 30118 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules

Public Comment Invited relevant comments received. The and Wildlife Service, Arlington Square The Service intends that adopted final Service will attempt to acknowledge Building, 4401 N. Fairfax Drive, rules be as responsive as possible to all received comments, but substantive Arlington, Virginia. concerned interests, and therefore response to individual comments may not be provided. Regulatory Flexibility Act; Executive desires to obtain the comments and Order (E.O.) 12866 and the Paperwork suggestions of the public, other NEPA Consideration Reduction Act concerned governmental agencies, non- governmental organizations, and other NEPA considerations are covered by In the Federal Register dated March private interests on these proposals. the programmatic document, ‘‘Final 22, 1996, the Service reported measures Such comments, and any additional Supplemental Environmental Impact it had undertaken to comply with information received, may lead to final Statement: Issuance of Annual requirements of the Regulatory regulations that differ from these Regulations Permitting the Sport Flexibility Act and the Executive Order. proposals. Hunting of Migratory Birds (FSES 88– These included preparing a Small Entity Special circumstances are involved in 14),’’ filed with EPA on June 9, 1988. Flexibility Analysis (Analysis) in 1995 The Service published a Notice of the establishment of these regulations to document the significant beneficial Availability in the June 16, 1988, which limit the amount of time that the economic effect on a substantial number Federal Register (53 FR 22582). The Service can allow for public comment. of small entities. The Analysis estimated Service published its Record of Decision Specifically, two considerations that migratory bird hunters would on August 18, 1988 (53 FR 31341). compress the time in which the spend between $258 and $586 million at Copies of these documents are available rulemaking process must operate: (1) the small businesses in 1995. Copies of the from the Service at the address need to establish final rules at a point Analysis are available upon request indicated under the caption early enough in the summer to allow from the Office of Migratory Bird ADDRESSES. affected State agencies to appropriately Management. This rule was not subject adjust their licensing and regulatory Endangered Species Act Consideration to review by the Office of Management mechanisms; and (2) the unavailability, and Budget under E.O. 12866. before mid-June, of specific, reliable As in the past, hunting regulations data on this year’s status of some this year will be designed, among other The Service examined these proposed waterfowl and migratory shore and things, to remove or alleviate chances of regulations under the Paperwork upland game bird populations. conflict between seasons for migratory Reduction Act of 1995 and found no Therefore, the Service believes that to game birds and the protection and information collection requirements. allow comment periods past the dates conservation of endangered and Authorship: The primary authors of this specified is contrary to the public threatened species. Consultations are proposed rule are Ron W. Kokel and Patricia interest. presently under way to ensure that R. Hairston, Office of Migratory Bird actions resulting from these regulatory Management. Comment Procedure proposals will not likely jeopardize the List of Subjects in 50 CFR Part 20 The policy of the Department of the continued existence of endangered or Interior, whenever practical, affords the threatened species or result in the Exports, Hunting, Imports, Reporting public an opportunity to participate in destruction or adverse modification of and recordkeeping requirements, the rulemaking process. Accordingly, their critical habitat. It is possible that Transportation, Wildlife. interested persons may participate by the findings from the consultations, The rules that eventually will be submitting written comments to the which will be included in a biological promulgated for the 1996–97 hunting Chief, Office of Migratory Bird opinion, may cause modification of season are authorized under 16 U.S.C. Management, U.S. Fish and Wildlife some regulatory measures proposed in 703–711, 16 U.S.C. 712, and 16 U.S.C. Service, Department of the Interior, ms this document. The final frameworks 742 a–j. 634—ARLSQ, 1849 C Street, NW., will reflect any modifications. The Washington, DC 20240. The public may Service’s biological opinions resulting Dated: June 5, 1996. inspect comments during normal from its consultation under Section 7 George T. Frampton, Jr., business hours at the Service’s office in are public documents and are available Assistant Secretary for Fish and Wildlife and room 634, Arlington Square Building, for public inspection in the Division of Parks. 4401 N. Fairfax Drive, Arlington, Endangered Species and the Office of [FR Doc. 96–15015 Filed 6–12–96; 8:45 am] Virginia. The Service will consider all Migratory Bird Management, U.S. Fish BILLING CODE 4310±55±F

VerDate 29-MAY-96 20:54 Jun 12, 1996 Jkt 010199 PO 00000 Frm 00006 Fmt 4701 Sfmt 4701 E:\FR\FM\P13JN2.PT2 13jnp2 federal register June 13,1996 Thursday Premanufacture Notices Protection Agency Environmental Part III 30119 30120 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

ENVIRONMENTAL PROTECTION Comments and data may also be SUPPLEMENTARY INFORMATION: The AGENCY submitted electronically by sending information contained in this document electronic mail (e-mail) to: was inadvertantly omitted in the [OPPTS±51841A; FRL±5376±7] [email protected]. Electronic Federal Register document of July 17, comments must be submitted as an 1995 (60 FR 36598). This also corrects Certain Chemicals; Premanufacture ASCII file avoiding the use of special an entry on page 36612, where under Notices characters and any form of encryption. the Case No., the only thing appearing Comments and data will also be was P–. The correct entry is P–95–0792 AGENCY: Environmental Protection accepted on disks in WordPerfect in 5.1 and will appear in its entirety in this Agency (EPA). file format or ASCII file format. All notice. ACTION: Notice. comments and data in electronic form must be identified by the docket number A record has been established for this SUMMARY: The information contained in [OPPTS–51841A]. No CBI should be notice under docket number ‘‘[OPPTS– this document was inadvertantly submitted through e-mail. Electronic 51841A]’’ (including comments and omitted in the Federal Register comments on this notice may be filed data submitted electronically as document of July 17, 1995. This online at many Federal Depository described below). A public version of document clears a backlog of notices Libraries. Additional information on this record, including printed, paper that was received from January 23, 1995 electronic submissions can be found versions of electronic comments, which to March 7, 1995. under ‘‘SUPPLEMENTARY does not include any information ADDRESSES: Written comments, INFORMATION’’ of this document. claimed as confidential business identified by the document control FOR FURTHER INFORMATION CONTACT: information (CBI), is available for number ‘‘[OPPTS–51841A]’’ and the Susan B. Hazen, Director, inspection from 12 noon to 4 p.m., specific PMN number, if appropriate, Environmental Assistance Division Monday through Friday, excluding legal should be sent to: Document Control (7408), Office of Pollution Prevention holidays. The public record is located in Office (7407), Office of Pollution and Toxics, Environmental Protection the TSCA Nonconfidential Information Prevention and Toxics, Environmental Agency, Rm. E–545, 401 M St., SW., Center (NCIC), Rm. NEM–B607, 401 M Protection Agency, 401 M St., SW., Rm. Washington, DC, 20460, (202) 554–1404, St., SW., Washington, DC 20460. ETG–099 Washington, DC 20460. TDD (202) 554–0551.

I. 240 PREMANUFACTURE NOTICES RECEIVED FROM 01/23/95 TO 03/07/95

Projected Case No. Received Notice End Manufacture/Importer Chemicals Date Date

P±95±0553 01/23/95 04/22/95 H.B. Fuller Company (G) Polyester isocyanate polymer P±95±0554 01/23/95 04/22/95 H.B. Fuller Company (G) Polyester isocyanate polymer P±95±555 01/23/95 04/22/95 H.B. Fuller Company (G) Polyester isocyanate polymer P±95±0556 01/23/95 04/22/95 H.B. Fuller Company (G) Polyester isocyanate polymer P±95±0557 01/23/95 04/22/95 H.B. Fuller Company (G) Polyester isocyanate polymer P±95±0558 01/23/95 04/22/95 H.B. Fuller (G) Polyester isocyanate polymer P±95±0559 01/23/95 04/22/95 CBI (G) Polyester isocyanate polymer P±95±0560 01/23/95 04/22/95 CBI (G) Polyester isocyanate polymer P±95±0561 01/23/95 04/22/95 CBI (G) Polyester isocyanate polymer P±95±0562 01/23/95 04/22/95 CBI (G) Polyester isocyanate polymer P±95±0563 01/23/95 04/22/95 CBI (G) Polyester isocyanate polymer P±95±0564 01/23/95 04/22/95 CBI (G) Polyester isocyanate polymer P±95±0565 01/23/95 04/22/95 (G)CBI (G) Polyester isocyanate polymer P±95±0566 01/23/95 04/22/95 CBI (G)Hexanedoic acid, polymer with alkanediols 3- hydroxy-2-(hydromethyl)-2-(hydromethyl)-2- methylpropanoic acid,-ethyl-2-(hydroxyl)-1,3- propanediols, cycloaliphatic isocyanate P±95±0567 01/23/95 04/22/95 CBI (G) Glycol terephthalates polyol ester P±95±0568 01/24/95 04/23/95 CBI (G)Modified acrylic polymer P±95±0569 01/24/95 04/23/95 CBI (G) Modified acrylic polymer P±95±0570 01/24/95 04/23/95 CBI (G) Neutralized waterborne acrylic polymer P±95±0571 01/24/95 04/23/95 CBI (G) Neutralized waterborne acrylic polymer P±95±0572 01/24/95 04/23/95 CBI (G) Neutralized waterborne acrylic polymer P±95±0573 01/24/95 04/23/95 CBI (G) Neutralized waterborne acrylic polymer P±95±0574 01/24/95 04/23/95 CBI (G) Neutralized waterborne acrylic polymer P±95±0575 01/24/95 04/24/95 CBI (G) Neutralized waterborne acrylic polymer P±95±0576 01/24/95 04/24/95 CBI (G) Acrylate/acrylonitrile copolymer P±95±0577 01/24/95 04/24/95 DIC Trading (USA) Inc. (G) Acrylic copolymer P±95±0578 01/25/95 04/25/95 Eastman Chemical Company (S) N-Propanol, reaction products with ethylene oxide (4 or more moles) P±95±0579 01/27/95 04/27/95 Reichhold Chemicals Inc (G) Alkyd modified acrylics P±95±0580 01/27/95 04/27/95 GE Corporate Research & Development (G) Thiol tosylate P±95±0581 01/27/95 04/27/95 CBI (G) Azo pigment P±95±0582 01/27/95 04/27/95 CBI (G) Epoxy acrylic resin P±95±0583 01/27/95 04/27/95 CBI (G) Epoxy acrylic resin P±95±0584 01/27/95 04/27/95 CBI (G) Epoxy acrylic resin P±95±0585 01/27/95 04/27/95 CBI (G) Epoxy acrylic resin P±95±0586 01/27/95 04/27/95 CBI (G) Epoxy acrylic resin Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30121

I. 240 PREMANUFACTURE NOTICES RECEIVED FROM 01/23/95 TO 03/07/95ÐContinued

Projected Case No. Received Notice End Manufacture/Importer Chemicals Date Date

P±95±0587 01/27/95 04/27/95 CBI (G) Epoxy acrylic resin P±95±0588 01/27/95 04/27/95 CBI (G) Epoxy acrylic resin P±95±0589 01/30/95 04/30/95 CBI (G) Triazole derivative P±95±0590 01/30/95 04/30/95 AKZO Nobel Resins (G) Polyurethane resin P±95±0591 01/30/95 04/30/95 CBI (G) N-((Substituted) alkylaminomonoheterocycle) -(substituted) phenylazo-hydroxy-amino- naphthalenesulfonic acid, sodium salt P±95±0592 01/27/95 04/27/95 CBI (G) Blocked polyisocyanate P±95±0593 01/30/95 04/30/95 Shell Oil Company (G) Synthetic alkanes, C10±24 P±95±0594 01/30/95 04/30/95 Shell Oil Company (G) Synthetic alkanes, C8±15 P±95±0595 01/31/95 05/01/95 CBI (S) Butanedioic acid, bis(1-methylethyl) ester (9CI) P±95±0596 02/01/95 05/02/95 CBI (G) Carboxylated vinyl acrylic copolymer P±95±0597 02/01/95 05/02/95 CBI (G) Reaction product of aluminum isopropoxide with 2-ethylhexanoic acid and an ester P±95±0598 02/01/95 05/02/95 CBI (S) Hexachloropropene or hexachloropropylene P±95±0599 02/02/95 05/03/95 Essex Specialty Products, Inc. (G) Alkoxysilane-isocyanate terminated polyether based urethane prepolymer P±95±0600 02/02/95 05/03/95 Essex Specialty Products, Inc. (G) Alkoxysilane-isocyanate terminated polyether based urethane prepolymer P±95±0601 02/02/95 05/03/95 Essex Specialty Products, Inc. (G) Alkoxysilane-isocyanate terminated polyether based urethane prepolymer P±95±0602 02/02/95 05/03/95 JSR Microelectronics (S) Triphenylsulfonium trifluoromethansulfonate P±95±0603 02/02/95 05/03/95 NOF America Corporation (G) Compatibility agent P±95±0604 02/02/95 05/03/95 CBI (G) Polyurethane salt P±95±0605 02/03/95 05/04/95 CBI (G) Trifunctional ketoximino silane P±95±0606 02/03/95 05/04/95 CBI (G) Trifunctional ketoximino silane P±95±0607 02/03/95 05/04/95 CBI (G) Aliphatic alcohol polymer P±95±0608 02/03/95 05/04/95 CBI (G) Alkanol amine salt P±95±0609 02/03/95 05/04/95 E.I. du Pont de Nemours & Company, Inc. (G) Dimethylamino ethylmethacrylate copolymer P±95±0610 02/03/95 05/04/95 E.I. du Pont de Nemours & Company,Inc (G) Dimethylamono ethylmethacrylate copolymer P±95±0611 02/03/95 05/04/95 E.I. du Pont de Nemours & Company, Inc. (G) Dimethylaminoethyl methacrylate polymer salt P±95±0612 02/03/95 05/04/95 E.I. du Pont de Nemours & Company, Inc. (G) Dimethylaminoethyl methacrylate polymer salt P±95±0613 02/03/95 05/04/95 CBI (G) Vegetable oil fatty acid modified styrene acrylic polymer P±95±0614 02/03/95 05/04/95 CBI (S) Polymer of: 1,6-hexanediol; hexanedioic acid; 1,3-benzene dicarboxylic acid; dimethylopropionic acid; isophorone diisocyanate; acetoacetic acid, ethyl ester; dimethylethanolamine P±95±0615 02/06/95 05/07/95 Arizona Chemical (S) Polymer of rosin, maleated, polymer with bisphenol A, and formaldehyde; potassium hy- droxide; water is used as solvent P±95±0616 02/06/95 05/07/95 Arizona Chemical (S) Polymer of rosin, maleated, polymer with bisphenol A, and formaldehyde; sodium hydrox- ide; water is used as solvent P±95±0617 02/06/95 05/07/95 E. I. du Pont de Nemours & Company, Inc. (G) Methacrylic acid copolymer salt P±95±0618 02/06/95 05/07/95 E. I. du Pont de Nemours & Company, Inc. (G) Methacrylic acid copolymer salt P±95±0619 02/07/95 05/08/95 CBI (G) Chelated iron P±95±0620 02/07/95 05/08/95 CBI (G) Fatty acid alkyd P±95±0621 02/07/95 05/08/95 Lilly Industrial Coatings, Inc. (G) Acrylic resin salt P±95±0622 02/07/95 05/08/95 Lilly Industrial Coatings, Inc. (G) Acrylic resin salt P±95±0623 02/07/95 05/08/95 Lilly Industrial Coatings, Inc. (G) Acrylic resin salt P±95±0624 02/07/95 05/08/95 Lilly Industrial Coatings, Inc. (G) Acrylic resin salt P±95±0625 02/07/95 05/08/95 Lilly Industrial Coatings, Inc. (G) Acrylic resin salt P±95±0626 02/07/95 05/08/95 Lilly Industrial Coatings, Inc. (G) Acrylic resin salt P±95±0627 02/07/95 05/08/95 Lilly Industrial Coatings, Inc. (G) Acrylic resin salt P±95±0628 02/07/95 05/08/95 Lilly Industrial Coatings, Inc. (G) Acrylic resin salt P±95±0629 02/07/95 05/08/95 CBI (G) Polyester, polyether based MDI, butanediol polyurethane P±95±0630 02/07/95 05/08/95 CBI (G) Polyester based TDI, propanediol polyurethane P±95±0631 02/07/95 05/08/95 E. I. du Pont de Nemours & Company, Inc. (G) Polyester resin P±95±0632 02/07/95 05/08/95 CBI (G) Styrene-maleic anhydride copolymer, reaction products with amino compounds P±95±0633 02/08/95 05/09/95 CBI (G) Sodium salt of azo acid dye P±95±0634 02/08/95 05/09/95 CBI (G) Rosin modified phenolic resin P±95±0635 02/08/95 05/09/95 The Dow Chemical Company (G) Modified phenylene ether polymer P±95±0636 02/08/95 05/09/95 The Dow Chemical Company (G) Modified phenylene ether polymer P±95±0637 02/10/95 05/11/95 E.I. du Pont de Nemours & Company, Inc. (S) Perfluoropent-2-ENE P±95±0638 02/10/95 05/11/95 E.I. du Pont de Nemours & Company, Inc. (S) Pentane, 1,1,1,2,3,4,4,5,5,5-decafluoro P±95±0639 02/08/95 05/09/95 CBI (G) Acrylated alkyd polymer P±95±0640 02/08/95 05/09/95 CBI (G) Epoxy ester polymer 30122 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

I. 240 PREMANUFACTURE NOTICES RECEIVED FROM 01/23/95 TO 03/07/95ÐContinued

Projected Case No. Received Notice End Manufacture/Importer Chemicals Date Date

P±95±0641 02/08/95 05/09/95 CBI (G) Alkyd polymer P±95±0642 02/09/95 05/10/95 E. I. du Pont de Nemours & Company, Inc. (G) Acrylic polymer P±95±0643 02/09/95 05/10/95 E.I. du Pont de Nemours & Company, Inc. (G) Macrocylic cobalt complex P±95±0644 02/09/95 05/10/95 E. I. du Pont de Nemours & Company, Inc. (G) Macrocylic cobalt complex P±95±0645 02/14/95 05/15/95 Olin Corporation (G) Polyalcohol allophanate modified HDI homopolymer P±95±0646 02/14/95 05/15/95 E.I. du Pont de Nemours & Company, Inc. (S) Butanedioic acid, bis (1-methylethyl) ester P±95±0647 02/14/95 05/15/95 CBI (G) Mannich base P±95±0648 02/14/95 05/15/95 Hoechst Celanese Corporation (S) 4-Hydroxy-alpha-oxo-benzenacetaldehyde monohydrate P±95±0649 02/14/95 05/15/95 CBI (G) Polyimidesulfone P±95±0650 02/15/95 05/16/95 Moore Business Forms, Inc. (S) 3-[4-[diethyl amino]-2-hydroxyphenyl]-3-[2- methoxy-4-methyl-5-(phenylamino) phenyl]-1(3h) -isobenzofuranone P±95±0651 02/16/95 05/17/95 3M Company (G) Epoxy resin/amine condensate P±95±0652 02/16/95 05/17/95 CBI (G) Acrylic polymer P±95±0653 02/16/95 05/17/95 CBI (G) Aliphatic diisocyanate P±95±0654 02/16/95 05/17/95 CBI (G) Hydrocarbon modified resinate P±95±0655 02/16/95 05/17/95 Ciba-Geigy Corporation (G) Substituted phenyl azo substituted phenyl nitro alkyl ester P±95±0656 02/21/95 05/22/95 Calgene, Inc. (S) Canola oil, lauric acid-high P±95±0657 02/17/95 05/18/95 BF Goodrich Company Specialty Chemicals (G) Polyurethane based on polyisocyanates, polyols and polyamines P±95±0658 02/17/95 05/18/95 BF Goodrich Company Specialty Chemicals (G) Polyurethane based on polyisocyanates, polyols and polyamines P±95±0659 02/17/95 05/18/95 BF Goodrich Company Specialty Chemicals (G) Polyurethane based on polyisocyanates, polyols and polyamines P±95±0660 02/17/95 05/18/95 BF Goodrich Company Specialty Chemicals (G) Polyurethane based on polyisocyanates, polyols and polyamines P±95±0661 02/17/95 05/18/95 BF Goodrich Company Specialty Chemicals (G) Polyurethane based on polyisocyanates, polyols and polyamines P±95±0662 02/17/95 05/18/95 BF Goodrich Company Specialty Chemicals (G) Polyurethane based on polyisocyanates, polyols and polyamines P±95±0663 02/17/95 05/18/95 BF Goodrich Company Specialty Chemicals (G) Polyurethane based on polyisocyanates, polyols and polyamines P±95±0664 02/17/95 05/18/95 BF Goodrich Company Specialty Chemicals (G) Polyurethane based on polyisocyanates, polyols and polyamines P±95±0665 02/21/95 05/22/95 3M Company (G) Copolymer with 2-propenoic acid, butyl ester P±95±0666 02/22/95 05/23/95 CBI (G) Polyether acrylate P±95±0667 02/21/95 05/22/95 CBI (G) Polyester resin P±95±0668 02/21/95 05/22/95 CBI (G) Alkyd resin P±95±0669 02/21/95 05/22/95 Sicpa Company (G) Intaglio ink varnish P±95±0670 02/21/95 05/22/95 GE Plastics (G) Sulphonated polystyrene amine complex P±95±0671 02/22/95 05/23/95 Shell Oil Company (S) A polymer of 1,2-ethanediol; 1,4- benzenedicarboxylic acid; 2,6- naphthalenedicarboxylic acid, dimethyl ester P±95±0672 02/22/95 05/23/95 Shell Oil Company (S) A polymer of 1,2-ethanediol; 1,4- benzenedicarboxylic acid; 2,6- naphthalenedicarboxylic acid, dimethyl ester; 2,2′-oxybisethanol P±95±0673 02/22/95 05/23/95 Shell Oil Company (S) A polymer of 1,2-ethanediol; 1,4- benzenedicarboxylic acid; 2,6- naphthalenedicarboxylic acid, dimethyl ester; 1,3- benzenedicarboxylic acid P±95±0674 02/22/95 05/23/95 Reichhold Chemicals Inc (G) Polyether polyester polyurethane P±95±0675 02/22/95 05/23/95 CBI (G) Cresol, aminobenzenesulfonic acid, formalde- hyde condensate P±95±0676 02/22/95 05/23/95 Hoechst Celanese Corporation (S) A polymer of: tert-butylacrylate; N- butylmethacrylate; glycidylmethyacrylate; styrene; methylmethacrylate; di-tert-butylperoxide P±95±0677 02/23/95 05/24/95 CBI (G) Antimony double oxide P±95±0678 02/23/95 05/24/95 CBI (G) Dimethylhydrogen stopped polysiloxane resin P±95±0679 02/23/95 05/24/95 CBI (G) Epoxyalkyl stopped polysiloxane resin P±95±0680 02/23/95 05/24/95 CBI (G) Hydroxy functional cyclic ether P±95±0681 02/23/95 05/24/95 CBI (G) Oxirane, polymer with hydroxy functional cyclic ether P±95±0682 02/23/95 05/24/95 CBI (G) Acrylic modified styrene/butadiene rubber P±95±0683 02/23/95 05/24/95 General Electric Company (G) Attached promoter catalyst P±95±0684 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0685 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30123

I. 240 PREMANUFACTURE NOTICES RECEIVED FROM 01/23/95 TO 03/07/95ÐContinued

Projected Case No. Received Notice End Manufacture/Importer Chemicals Date Date

P±95±0686 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0687 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0688 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0689 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0690 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0691 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0692 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0693 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0694 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0695 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0696 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0697 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0698 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0699 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0700 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0701 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0702 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0703 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0704 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0705 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0706 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0707 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0708 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0709 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0710 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0711 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0712 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0713 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0714 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0715 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0716 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0717 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0718 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0719 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0720 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0721 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0722 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0723 02/23/95 05/24/95 CBI (G) Waterborne urethane acrylate polymer P±95±0724 02/23/95 05/24/95 CBI (G) Antimony double oxide P±95±0725 02/24/95 05/25/95 CBI (G) Peg polymer with mono-and di-functional hydroxy-and amino-alkanes, alkanoic acid and alkanedioic acid P±95±0726 02/24/95 05/25/95 CBI (G) Peg polymer with mono-and di-functional hydroxy-and amino-alkanes, alkanoic acid and alkanedioic acid P±95±0727 02/24/95 05/25/95 CBI (G) Diester beta C16 P±95±0728 02/24/95 05/25/95 CBI (G) Ester beta C16 P±95±0729 02/24/95 05/25/95 CBI (G) Dihydro aldehyde beta C14 P±95±0730 02/24/95 05/25/95 CBI (G) Aromatic isocyanate-polyester based urethane prepolymer P±95±0731 02/27/95 05/28/95 FMC Company (G) Chloroalkyl alcohol P±95±0732 02/27/95 05/28/95 FMC Company (G) Silyloxy organolithium P±95±0733 02/27/95 05/28/95 CBI (G) Polyurethane-urea P±95±0734 02/27/95 05/28/95 Amoco Canada Marketing Corporation (G) Polyolefin-modified polyphthalamide P±95±0735 02/27/95 05/28/95 E.I. du Pont de Nemours & Company, Inc. (G) Fluorinated substituted urethane P±95±0736 02/27/95 05/28/95 The P. D. George Company (G) Unsaturated urethane P±95±0737 02/27/95 05/28/95 Davos Chemical Corporation (S) 2,7-dimethoxy-1,4,5,8-tetrahydronaphthalene P±95±0738 02/28/95 05/29/95 Bedoukian Research, Inc. (S) 3-Decen-1-ol, acetate, (Z) - P±95±0739 02/28/95 05/29/95 Far Research, Inc (S) Di(2,4-dimethylphenyl) diphenylbutatriene P±95±0740 02/28/95 05/29/95 CBI (G) Hydrogenated essential oil P±95±0741 02/28/95 05/29/95 General Polymers West (G) Polyurethane P±95±0742 03/01/95 05/30/95 Allied Signal Inc. (G) Modified polyamide P±95±0743 03/01/95 05/30/95 Hoechst Celanese Corporation (G) Amine oxide, dimethyl (polyfluoro-hydro-alkyl) P±95±0744 03/01/95 05/30/95 Hoechst Celanese Corporation (G) Amine oxide, dimethyl (polyfluoro-alkyl) P±95±0745 02/28/95 05/29/95 Shell Oil Company (G) Modified acrylic copolymer P±95±0746 02/28/95 05/29/95 Shell Oil Company (G) Modified acrylic copolymer P±95±0747 02/28/95 05/29/95 Shell Oil Company (G) Modified acrylic copolymer P±95±0748 02/28/95 05/29/95 Shell Oil Company (G) Modified acrylic copolymer P±95±0749 02/28/95 05/29/95 CBI (G) Aqueous polyurethane dispersion P±95±0750 02/28/95 05/29/95 CBI (G) Polyamide resin 30124 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices

I. 240 PREMANUFACTURE NOTICES RECEIVED FROM 01/23/95 TO 03/07/95ÐContinued

Projected Case No. Received Notice End Manufacture/Importer Chemicals Date Date

P±95±0751 03/02/95 05/31/95 Hoechst Celanese Corporation (S) A polymer of: linseed oil fatty acid; bisphenol a- diglycidyl ether; versatic acid diglycidyl ester; toluenediisocyanate; ammonia water; 2,2- dimethylolpropionic acid* P±95±0752 03/02/95 05/31/95 Ciba-Geigy Corporation, (G) Substituted phenyl azo substituted naphthalenesulfonic acid azo substituted amino triazine P±95±0753 03/02/95 05/31/95 CBI (G) Substituted nitrobenzene, reaction product with sodium polysulfide, substituted aldehyde, and substituted amine, acidified, oxodized P±95±0754 03/02/95 05/31/95 CBI (G) Substituted nitrobenzene, reaction product with sodium polysulfide, substituted aldehyde, and substituted amine, reduced P±95±0755 03/03/95 06/01/95 CBI (G) Polyurethane aqueous dispersion P±95±0756 03/03/95 06/01/95 Zaclon Inc (G) N,N-tetraalkyl-alkylenediamine, propoxylated P±95±0757 03/02/95 05/31/95 CBI (S) A polymer of: .alpha.,.alpha.′-((1- methylethylidene) di-4,1-phenylene) bis(.omega- hydroxypoly(oxy(methyl-1,2-ethanediyl) ) ) ; .alpha.,.alpha.′-((1-methylethylidene) di-4,1-phen- ylene) bis(.omega.-hydroxypoly(oxy-,2-ethanediyl) ) ; 2-butenedioic acid (e) -; 1,3-dihydro-1,3-dioxo- 5-isobenzofurancarboxylic acid; hydroquinone P±95±0758 03/02/95 05/31/95 CBI (S) A polymer of: .alpha.,.alpha.′-((1- methylethylidene) di-4,1-phenylene) bis(.omega- hydroxypoly(oxy(methyl-1,2-ethanediyl) ) ) ; 1,4- benzenedicarboxylic acid; 2-butenedioic acid (e) -; hexanedioic acid; dibutylin oxide; hydroquinone P±95±0759 03/02/95 05/31/95 Eastman Chemical Company (G) Alkanoyl-substituted heterocycle P±95±0760 03/02/95 05/31/95 Eastman Chemical Company (G) Alkanoyl-substituted heterocycle P±95±0761 03/02/95 05/31/95 Eastman Chemical Company (G) Alkanoyl-substituted heterocycle P±95±0762 03/02/95 05/31/95 Eastman Chemical Company (G) Alkanoyl-substituted heterocycle P±95±0763 03/02/95 05/31/95 Eastman Chemical Company (G) Alkanoyl-substituted heterocycle P±95±0764 03/02/95 05/31/95 Eastman Chemical Company (G) Alkanoyl-substituted heterocycle P±95±0765 03/02/95 05/31/95 Eastman Chemical Company (G) Alkanoyl-substituted heterocycle P±95±0766 03/02/95 05/31/95 Eastman Chemical Company (G) Aromatic-substituted heterocycle P±95±0767 03/02/95 05/31/95 Eastman Chemical Company (G) Alkanoyl-substituted heterocycle P±95±0768 03/02/95 05/31/95 Eastman Chemical Company (G) Alkanoyl-substituted heterocycle P±95±0769 03/02/95 05/31/95 Eastman Chemical Company (G) Alkanoyl-substituted heterocycle P±95±0770 03/02/95 05/31/95 Eastman Chemical Company (G) Alkanoyl-substituted heterocycle P±95±0771 03/02/95 05/31/95 Eastman Chemical Company (G) Alkanoyl-substituted heterocycle P±95±0772 03/02/95 05/31/95 Eastman Chemical Company (G) Alkanoyl-substituted heterocycle P±95±0773 03/02/95 05/31/95 Eastman Chemical Company (G) Alkanoyl-substituted heterocycle P±95±0774 03/06/95 06/04/95 CBI (G) Acrylic polymer P±95±0775 03/06/95 06/04/95 CBI (G) Acrylic polymer P±95±0776 03/06/95 06/04/95 CBI (G) Acrylic latex P±95±0777 03/06/95 06/04/95 CBI (G) Acrylic polymer P±95±0778 03/06/95 06/04/95 CBI (G) Substituted polysilicate P±95±0779 03/06/95 06/04/95 Mitsubishi Chemical Inc (G) Carbazole derivative P±95±0780 03/06/95 06/04/95 CBI (G) Carboxylic acid copolymer P±95±0781 03/06/95 06/04/95 Dupont (G) Silane grafted ethylene based polymer P±95±0782 03/06/95 06/04/95 Ciba-Geigy Corporation (G) Substituted phenyl azo substituted phenyl amino ester P±95±0783 03/06/95 06/04/95 Eastman Kodak Company (G) Substituted alkylaminohalobenzoic acid ester P±95±0784 03/06/95 06/04/95 Aspect Minerals, Inc. (G) Organosilane chemically modified muscovite mica P±95±0785 03/07/95 06/05/95 The Dow Chemical Company (G) Esterified polyglycol P±95±0786 03/06/95 06/04/95 CBI (S) A polymer of: 2-propenoic acid homopolymer; ethanolamine P±95±0787 03/06/95 06/04/95 CBI (S) A polymer of: 2-propenoic acid homopolymer; morpholine P±95±0788 03/06/95 06/04/95 CBI (S) A polymer of: 2-propenoic acid homopolymer; 1-propanol, 2-amino-2-methyl Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Notices 30125

I. 240 PREMANUFACTURE NOTICES RECEIVED FROM 01/23/95 TO 03/07/95ÐContinued

Projected Case No. Received Notice End Manufacture/Importer Chemicals Date Date

P±95±0789 03/06/95 06/04/95 CBI (S) A polymer of: 2-propenoic acid homopolymer; diisopropylamine P±95±0790 03/06/95 06/04/95 CBI (S) A polymer of: 2-propenoic acid homopolymer; triethylamine P±95±0791 03/06/95 06/04/95 CBI (S) A polymer of: 2-propenoic acid homopolymer; 2-propanol, 1-dimethylamino P±95±0792 03/06/95 06/04/95 CBI (S) A polymer of: 2-propenoic acid homopolymer; diethanolamine

List of Subjects Environmental protection, Premanufacture notices. Dated: June 6, 1996.

Douglas W. Sellers, Acting Director, Information Management Division, Office of Pollution Prevention and Toxics. [FR Doc. 96–15043 Filed 6–12–96; 8:45 am] BILLING CODE 6560±50±F i

Reader Aids Federal Register Vol. 61, No. 115 Thursday, June 13, 1996

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Public inspection announcement line 523±5215 the revision date of each title. 70...... 29636 Laws 3 CFR 71...... 28723 Public Laws Update Services (numbers, dates, etc.) 523±6641 Proclamations: 72...... 29636 For additional information 523±5227 6902...... 28465 1703...... 28725 6903...... 29633 Presidential Documents Proposed Rules: Executive Orders: 430...... 28517 Executive orders and proclamations 523±5227 12880...... 28721 The United States Government Manual 523±5227 13008...... 28721 12 CFR Other Services Administrative Orders: 219...... 29638 Electronic and on-line services (voice) 523±4534 Presidential Determinations: 336...... 28725 Privacy Act Compilation 523±3187 96±27 of May 28, 747...... 28021 1996 ...... 29001 TDD for the hearing impaired 523±5229 Proposed Rules: 96±28 of May 29, 229...... 27802 1996 ...... 29453 545...... 29976 ELECTRONIC BULLETIN BOARD 96±29 of May 31, 559...... 29976 1996 ...... 29455 Free Electronic Bulletin Board service for Public Law numbers, 560...... 29976 96±30 of June 3, Federal Register finding aids, and list of documents on public 563...... 29976 1996 ...... 29457 inspection. 202±275±0920 567...... 29976 Memorandums: 571...... 29976 FAX-ON-DEMAND 96±26 of May 22, 703...... 29697 You may access our Fax-On-Demand service. You only need a fax 1996 ...... 27767 704...... 28085 709...... 28085 machine and there is no charge for the service except for long 5 CFR distance telephone charges the user may incur. The list of 741...... 28085 documents on public inspection and the daily Federal Register’s 532...... 27995, 27996 1270...... 29592 table of contents are available using this service. The document Proposed Rules: numbers are 7050-Public Inspection list and 7051-Table of 2429...... 28797 14 CFR Contents list. The public inspection list will be updated 2470...... 28797 25...... 28684 immediately for documents filed on an emergency basis. 2471...... 28798 27...... 29928, 29931 2472...... 28798 29...... 29931 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 2473...... 28798 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 33...... 28430 public inspection may be viewed and copied in our office located 7 CFR 39 ...... 28028, 28029, 28031, at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 28497, 28498, 28730, 28732, 6...... 28723 telephone number is: 301±713±6905 28734, 28736, 28738, 29003, 29 ...... 27997, 29923, 29924 29007, 29009, 29267, 29269, 610...... 27998 29271, 29274, 29276, 29278, FEDERAL REGISTER PAGES AND DATES, JUNE 928...... 28000 29279, 29465, 29467, 29468, 948...... 29635 29641, 29642, 29931, 29932, 27767±27994...... 3 982...... 29924 27995±28466...... 4 29934 985...... 2945 71 ...... 28033, 28034, 28035, 28467±28722...... 5 997...... 29926 28036, 28037, 28038, 28039, 28723±29000...... 6 998...... 29927 28040, 28041, 28042, 28043, 29001±29266...... 7 1230...... 28002 28044, 28045, 28740, 28741, 29267±29458...... 10 1240...... 29461 28742, 28743, 29472, 29645, 29459±29632...... 11 Proposed Rules: 299336, 29937, 29938 29633±29922...... 12 457...... 27512 91...... 28416 29923±30126...... 13 95...... 27769 8 CFR 97...... 29015, 29016 103...... 28003 121...... 28416 299...... 28003 125...... 28416 Proposed Rules: 135...... 28416 273...... 29323 302...... 29282 373...... 29284 9 CFR 399 ...... 29018, 29645, 29646 Proposed Rules: Proposed Rules: 92...... 27797, 28073 Ch. I ...... 28803 101...... 29462 39 ...... 28112, 28114, 28518, 112...... 29462 28520, 29038, 29499, 29501, 29697, 29992, 29994, 29996 10 CFR 71 ...... 28803, 29449, 29699, 30...... 29636 29700 40...... 29636 121...... 29000 51...... 28467 250...... 27818 ii Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Reader Aids

15 CFR 10...... 28116 290...... 29044 36 CFR 12...... 28116 Proposed Rules: 26 CFR 6...... 28504 902...... 29628 20...... 28116 7...... 28505, 28751 946...... 28804 56...... 28116 26...... 29653 17...... 28506 58...... 28116 40...... 28053 Proposed Rules: 70...... 29701 48...... 28053 16 CFR 7...... 28530 305...... 29939 71...... 29701 Proposed Rules: 1010...... 29646 80...... 29701 1 ...... 27833, 27834, 28118, 37 CFR 101...... 29701, 29708 28821, 28823 1019...... 29646 Proposed Rules: 107...... 29701 26...... 29714 Proposed Rules: 202...... 28829 170...... 29701, 29711 31...... 28823 419...... 29039 171...... 29701, 29711 35a...... 28823 38 CFR 172...... 29701, 29711 301 ...... 28823, 29653, 30012 17 CFR 1 ...... 29023, 29024, 29481, 173...... 29701, 29711 502...... 28823 Proposed Rules: 29657 174...... 29701 503...... 28823 1...... 28806 2...... 27783 175...... 29701, 29711 509...... 28823 6...... 29024 176...... 29711 513...... 28823 19 CFR 7...... 29025 177...... 29701, 29711 514...... 28823 8...... 29289 10...... 28932 178...... 29701, 29711 516...... 28823 8a...... 29027 12...... 28500, 28932 182...... 29711 517...... 28823 14...... 27783 102...... 28932 184...... 29701, 29711 520...... 28823 17...... 29293 134...... 28932 200...... 29502 521...... 28823 20...... 29027 178...... 28500 250...... 29502 602...... 29653 21 ...... 28753, 28755, 29028, Proposed Rules: 310...... 29502 27 CFR 29294, 29297, 29449 19...... 28808 343...... 30002 36...... 28057 113...... 28808 730...... 29708 9...... 29949, 29952 132...... 28522 70...... 29954 1250...... 29701 39 CFR 144...... 28808 71...... 29954 151...... 28522 22 CFR 200...... 29956 233...... 28059 351...... 28821 50...... 29651 Proposed Rules: 40 CFR 353...... 28821 51...... 29940 0...... 30013 15...... 28755 355...... 28821 81...... 29940 5...... 30015 32...... 28755 82...... 29940 18...... 30017 20 CFR 52 ...... 28061, 29483, 29659, 83...... 29940 20...... 30019 29662 29659, 29961, 29963, 404...... 28046 84...... 29940 22...... 30019 29965, 29970 85...... 29940 70...... 30013 21 CFR 55...... 28757 86...... 29940 250...... 30021 60...... 29485, 29876 14...... 28047, 28048 87...... 29940 28 CFR 62...... 29666 70...... 28525 88...... 29940 63 ...... 27785, 29485, 29876 73...... 28525 89...... 29941 Proposed Rules: 73...... 28761 74...... 28525 514...... 29285 74...... 29715 80...... 28525 74...... 29716 80 763 Proposed Rules: 81...... 29667, 29970 81...... 28525 603...... 30009 82...... 28525 29 CFR 82...... 29485 100...... 27771 23 CFR 1915...... 29957 180 ...... 29672 29674, 29676 101...... 27771, 28525 1952...... 28053 264...... 28508 103...... 27771 1206...... 28745 265...... 28508 1215...... 28747 Proposed Rules: 104...... 27771 1904...... 27850 270...... 28508 1230...... 28750 105...... 27771 1915...... 28824 271...... 28508 109...... 27771 Proposed Rules: 1952...... 27850 300 ...... 27788, 28511, 29678 137...... 27771 655...... 29234, 29624 2509...... 29586 799...... 29486 Proposed Rules: 161...... 27771 24 CFR 163...... 27771 30 CFR 50...... 29719 172...... 27771 3500 ...... 59238, 29255, 29258, 75...... 29287 52 ...... 28531, 28541, 29508, 175...... 29474 29264 Proposed Rules: 29515, 29725, 30023, 30024 177...... 28049, 29474 Proposed Rules: 218...... 28829 62...... 29725 178...... 28051, 28525 35...... 29170 250...... 28525 73...... 28830, 28996 182...... 27771 36...... 29170 256...... 28528 81 ...... 28541, 29508, 29515, 186...... 27771 37...... 29170 935...... 29504 29726 189...... 29650 946...... 29506 180...... 28118, 28120 197...... 27771 25 CFR 200...... 29476 65...... 27780 33 CFR 41 CFR 201...... 28525 66...... 27780 3...... 29958 Proposed Rules: 250...... 29476 76...... 27780 62...... 27780, 29449 101±20...... 30028 310...... 29476 Proposed Rules: 100 ...... 27782, 28501, 28502, 520...... 29477, 29650 1...... 27821 28503, 29019 42 CFR 522 ...... 29478, 29479, 29480 150...... 27822 117...... 29654, 29959 Proposed Rules: 556...... 29477 161...... 29285 165 ...... 28055, 29020, 29021, 72...... 29327 558...... 29477, 29481 166...... 27824 29022, 29655, 29656 412...... 29449 700...... 27771 175...... 29040 413...... 29449 34 CFR 701...... 28525 217...... 27831 489...... 29449 Proposed Rules: 271...... 27833 600...... 29898 1...... 28116 272...... 27833 668...... 29898, 29960 43 CFR 2...... 28116 274...... 27833 685...... 29898 2120...... 29030 3...... 28116 277...... 27833 Proposed Rules: 4100...... 29030 5...... 28116 278...... 27833 701...... 27990 4600...... 29030 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Reader Aids iii

Proposed Rules: 47 CFR 1532...... 29314 28560, 29337 6000...... 28546 0...... 29311 1552...... 29314, 29493 6100...... 28546 15...... 29679 1553...... 29314 50 CFR 6200...... 28546 22...... 29679 6300...... 28546 49 CFR 36...... 29495 24...... 29679 6400...... 28546 107...... 27948 216...... 27793 73 ...... 28766, 29311, 29491, 6500...... 28546 171...... 28666 230...... 29628 29492 6600...... 28546 172...... 28666 74...... 28766 247...... 27793 7100...... 28546 173...... 28666 76...... 28698, 29312 301...... 29695, 29975 7200...... 28546 174...... 28666 95...... 28768 620...... 27795 7300±9000...... 28546 178...... 28666 656...... 29321 8000...... 29678 101...... 29679 179...... 28666 Proposed Rules: 663...... 28786, 28796 8300...... 29679 190...... 27789 672...... 28069, 28070 0...... 28122 191...... 27789 675 ...... 27796, 28071, 28072, 44 CFR 36...... 30028 192...... 27789, 28770 29696 64...... 28067 69...... 30028 193...... 27789 697...... 29321 65...... 29488, 29489 76...... 29333, 29336 541...... 29031 67...... 29490 80...... 28122 565...... 29031 Proposed Rules: Proposed Rules: 567...... 29031 17...... 28834, 29047 48 CFR 67...... 29518 571 ...... 28423, 29031, 29493 20...... 30114 Proposed Rules: 574...... 29493 625...... 27851 46 CFR 45...... 27851 1039...... 29036 641...... 29339 108...... 28260 52...... 27851 1150...... 29973 650...... 27862 110...... 28260 1501...... 29314 Proposed Rules: 651 ...... 27862, 27948, 30029 111...... 28260 1509...... 29314 6...... 28831 675...... 29726 112...... 28260 1510...... 29314 10...... 29522 676...... 29729 113...... 28260 1515...... 29314 391...... 28547 161...... 28260 1528...... 29493 571 ...... 28123, 28124, 28550, iv Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Reader Aids

REMINDERS Airworthiness standards: Alaska scallop; comments limit on directional gain The rules and proposed rules Special conditions-- due by 6-21-96; published antennas eliminated and in this list were editorially Agusta models A109D 5-10-96 minimum number of compiled as an aid to Federal and A109E helicopters; DEFENSE DEPARTMENT channels required for Register users. Inclusion or published 6-13-96 Acquisition regulations: frequency hopping reduced; comments due exclusion from this list has no Commercial vehicles and TREASURY DEPARTMENT by 6-19-96; published legal significance. equipment leasing; Alcohol, Tobacco and 4-5-96 Firearms Bureau comments due by 6-17- 96; published 4-18-96 Practice and procedure: RULES GOING INTO Alcohol; viticultural area Public utility holding designations: ENVIRONMENTAL EFFECT TODAY PROTECTION AGENCY companies; entry into Malibu-Newton Canyon, CA; telecommunications Air pollutants, hazardous; published 6-13-96 industry without prior SEC EDUCATION DEPARTMENT national emission standards: Organization, functions, and approval; comments due Special education and Perchloroethylene dry rehabilitative services: authority delegations: by 6-17-96; published 5- cleaning facilities; 16-96 State vocational District Directors; published comments due by 6-17- Radio stations; table of rehabilitation services 6-13-96 96; published 5-3-96 assignments: program; published 5-14- Air programs: Iowa; comments due by 6- 96 COMMENTS DUE NEXT Outer Continental Shelf 20-96; published 5-8-96 STATE DEPARTMENT WEEK regulations-- Television stations; table of Federal regulatory reform: Delegation remand; assignments: Shipping and seamen; CFR AGRICULTURE comments due by 6-19- Nebraska; comments due by parts removed; published DEPARTMENT 96; published 5-20-96 6-17-96; published 5-2-96 6-13-96 Agricultural Marketing Offset remand; comments Longshore work by U.S. Service due by 6-19-96; FEDERAL HOUSING FINANCE BOARD nationals; foreign Fruits, vegetables, and other published 5-20-96 prohibitions; published 6-13- products, fresh: Stratospheric ozone Federal home loan bank system: 96 Almonds, shelled and in protection-- Nationality and passports: shell; comments due by Ozone-depleting Directors' compensation and Passport information 6-21-96; published 4-22- substances; substitutes expenses; comments due release; published 6-13-96 96 list; comments due by by 6-21-96; published 4- 6-21-96; published 5-22- 22-96 TRANSPORTATION AGRICULTURE 96 DEPARTMENT DEPARTMENT FEDERAL RESERVE Air quality implementation SYSTEM Coast Guard Animal and Plant Health plans; approval and Inspection Service Loans to executive officers, Military personnel: promulgation; various directors, and principal Exportation and importation of Coast Guard Military States: shareholders of member animals and animal Records Correction Board; Ohio; comments due by 6- banks (Regulation O): products: final decisions 17-96; published 5-16-96 Loans to holding companies reconsideration; published Shipping containers and Oregon; comments due by and affiliates; comments 5-14-96 other means of 6-17-96; published 5-16- due by 6-17-96; published Organization, functions, and conveyance; inspection 96 5-3-96 authority delegations: requirements; comments Pennsylvania; comments due by 6-17-96; published HEALTH AND HUMAN Coast Guard areas, districts, due by 6-17-96; published SERVICES DEPARTMENT and marine inspection and 4-18-96 5-16-96 Children and Families captain of port zones; AGRICULTURE Pesticides; tolerances in food, Administration reorganization; published DEPARTMENT animal feeds, and raw 6-13-96 Food and Consumer Service agricultural commodities: Head Start Program: TRANSPORTATION Child nutrition programs: 2-Propene-1-sulfonic acid, Early Head Start program; DEPARTMENT sodium salt, polymer with implementation of Women, infants, and performance standards for Military personnel: children; special ethenol and ethenyl acetate; comments due by grantees and agencies Coast Guard Military supplemental food 6-17-96; published 5-16- providing services; Records Correction Board; program-- 96 comments due by 6-21- final decisions Cereal sugar limit; 96; published 4-22-96 reconsideration; published comments due by 6-17- Tau-fluvalinate; comments HEALTH AND HUMAN 5-14-96 96; published 3-18-96 due by 6-17-96; published 5-17-96 SERVICES DEPARTMENT TRANSPORTATION COMMERCE DEPARTMENT Solid wastes: Food and Drug DEPARTMENT International Trade Hazardous waste Administration Federal Aviation Administration combustors; maximum Animal drugs, feeds, and Administration Uruguay Round Agreements achievable control related products: Airworthiness directives: Act (URAA); conformance: technologies performance Labeling of drugs for use in AlliedSignal, Inc.; published Antidumping and standards; comments due milk-producing animals; 5-9-96 countervailing duties; by 6-18-96; published 4- comments due by 6-18- Boeing; published 5-14-96 Federal regulatory review; 19-96 96; published 4-4-96 Israel Aircraft Industries, comments due by 6-17- FEDERAL Food additives: 96; published 6-6-96 Ltd.; published 5-29-96 COMMUNICATIONS Adjuvants, production aids, McDonnell Douglas; COMMERCE DEPARTMENT COMMISSION and sanitizers-- published 5-14-96 National Oceanic and Communications equipment: Formaldehyde, polymer Sensenich Propeller Atmospheric Administration Radio frequency devices-- with 1-naphthylenol; Manufacturing Co., Inc.; Fishery conservation and Spread spectrum comments due by 6-20- published 5-9-96 management: transmitters operation; 96; published 5-21-96 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Reader Aids v

Paper and paperboard Persons of Japanese Long Beach Harbor, CA; TRANSPORTATION components-- ancestry; comments due safety zone; comments DEPARTMENT Diethanolamine; by 6-20-96; published 6- due by 6-17-96; published Federal Highway comments due by 6-20- 12-96 5-17-96 Administration 96; published 5-21-96 NATIONAL LABOR Regattas and marine parades: Engineering and traffic Medical devices: RELATIONS BOARD Kennewick, Washington, operations: Rigid gas permeable and Procedural rules: Columbia Unlimited Design standards for soft (hydrophilic) contact Attorneys or party Hydroplane Races; highways-- lens solutions and contact representatives; comments due by 6-20- Geometric design of lens heat disinfecting unit; misconduct before 96; published 5-6-96 highways and streets; reclassification and agency; comments due by Swim Buzzards Bay Day; comments due by 6-21- codification; comments 6-19-96; published 5-20- comments due by 6-20- 96; published 4-22-96 due by 6-17-96; published 96 96; published 5-6-96 4-1-96 SECURITIES AND TRANSPORTATION TRANSPORTATION DEPARTMENT HEALTH AND HUMAN EXCHANGE COMMISSION DEPARTMENT SERVICES DEPARTMENT Securities: Research and Special Federal Aviation Health Care Financing Programs Administration Trading practices rules Administration Administration concerning securities Hazardous materials: Medicare and Medicaid: offerings; comments due Air carriers certification and Intrastate shippers and operations: Routine extended care by 6-17-96; published 4- carriers; regulations services provided in 18-96 Flight time limitations and compliance; comments swing-bed hospital; new SOCIAL SECURITY rest requirements for flight due by 6-17-96; published payment methodology; ADMINISTRATION crew members 3-20-96 comments due by 6-21- Supplemental security income: Extension of comment TREASURY DEPARTMENT 96; published 4-22-96 period; comments due Aged, blind, and disabled-- Fiscal Service INTERIOR DEPARTMENT by 6-19-96; published U.S. residency, definition; 3-20-96 Marketable book-entry Minerals Management birth, baptismal records Treasury bills, notes, and Service as acceptable evidence, Airworthiness directives: bonds; sale and issue; Royalty management: etc.; comments due by Airbus; comments due by 6- uniform offering circular; Royalties; rentals, bonuses, 6-21-96; published 4-22- 17-96; published 5-8-96 amendments; comments due and other monies due the 96 Aviat Aircraft Inc.; comments by 6-19-96; published 5-20- Federal Government; OFFICE OF UNITED STATES due by 6-21-96; published 96 comments due by 6-18- TRADE REPRESENTATIVE 5-2-96 TREASURY DEPARTMENT 96; published 4-19-96 Trade Representative, Office Beech; comments due by 6- Internal Revenue Service of United States 17-96; published 5-13-96 INTERIOR DEPARTMENT Income taxes and employment Uruguay Round Agreement Surface Mining Reclamation Diamond Aircraft Industries; taxes and collection of Act (URAA): and Enforcement Office comments due by 6-17- income taxes at source: Tariff-rate quota amount 96; published 4-29-96 Permanent program and Federal tax deposits by determinations-- abandoned mine land Gulfstream; comments due electronic funds transfer; reclamation plan Leaf tobacco; comments by 6-17-96; published 5-8- cross-reference; submissions: due by 6-19-96; 96 comments due by 6-19- published 6-5-96 North Dakota; comments Hamilton Standard; 96; published 3-21-96 due by 6-20-96; published TRANSPORTATION comments due by 6-17- TREASURY DEPARTMENT 5-21-96 DEPARTMENT 96; published 4-16-96 Marketable book-entry Oklahoma; comments due Coast Guard Mooney Aircraft Corp.; Treasury bills, notes, and by 6-20-96; published 5- Drawbridge operations: comments due by 6-17- bonds; sale and issue; 21-96 Oregon; comments due by 96; published 4-22-96 uniform offering circular; JUSTICE DEPARTMENT 6-17-96; published 4-17- Class E airspace; comments amendments; comments due Civil Liberties Act redress 96 due by 6-20-96; published by 6-19-96; published 5-20- provisions: Ports and waterways safety: 5-13-96 96