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2 III

Contents Federal Register Vol. 62, No. 17

Monday, January 27, 1997

Agriculture Department Customs Service See Animal and Plant Health Inspection Service NOTICES See Farm Service Agency Generalized System of Preferences: PROPOSED RULES Non-Automated Broker Interface; duty refund claims Agricultural commodities; commercial sales financing, processing, 3941–3942 3810–3823 Defense Department Air Force Department See Air Force Department NOTICES NOTICES Meetings: Meetings: Scientific Advisory Board, 3876 Electron Devices Advisory Group, 3874–3875 Strategic Command Strategic Advisory Group, 3875–3876

Animal and Plant Health Inspection Service Defense Nuclear Facilities Safety Board PROPOSED RULES NOTICES Overtime services relating to imports and exports: Privacy Act: Agricultural quarantine and inspection services; user Systems of records, 3876–3880 fees, 3823–3830 Economic Development Administration Arts and Humanities, National Foundation NOTICES See National Foundation on the Arts and the Humanities Trade adjustment assistance eligibility determination petitions: Inola Castings Works, Inc., et al., 3871–3872 Census Bureau NOTICES Education Department Merchandise Trade: Exports, General Imports and Imports NOTICES for Consumption, SITC Revision 3, Commodity by Meetings: Country (Report Series FT925); publication change, Postsecondary Education Improvement Fund National 3871 Board, 3880

Children and Families Administration Employment and Training Administration NOTICES NOTICES Agency information collection activities: Agency information collection activities: Submission for OMB review; comment request, 3901 Submission for OMB review; comment request, 3916– 3921

Civil Rights Commission Energy Department NOTICES See Energy Research Office Meetings; State advisory committees: See Federal Energy Regulatory Commission Virginia, 3871 NOTICES Environmental statements; availability, etc.: Coast Guard Pantex Plant, TX— RULES Continued operation and associated storage of nuclear Pollution: weapon components, 3880–3884 Existing tank vessels without double hulls; structural and operational measures to reduce oil spills Energy Research Office Correction, 3943 NOTICES Grants and cooperative agreements; availability, etc.: Commerce Department Financial assistance programs— Atmospheric radiation measurement program, 3884– See Census Bureau 3886 See Economic Development Administration See National Institute of Standards and Technology Environmental Protection Agency See National Oceanic and Atmospheric Administration RULES See National Telecommunications and Information Air quality implementation plans; approval and Administration promulgation; various States: New Jersey, 3804–3806 Commodity Futures Trading Commission Washington, 3800–3803 NOTICES PROPOSED RULES Contract market proposals: Water pollution; effluent guidelines for point source Chicago Mercantile Exchange— categories: South African rand, 3874 Industrial laundries industry; meetings, 3849 IV Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Contents

NOTICES Federal Energy Regulatory Commission Agency information collection activities: NOTICES Submission for OMB review; comment request, 3893– Environmental statements; availability, etc.: 3894 Hopkinton LNG Corp., 3889–3890 Meetings: Viking Gas Transmission Co., 3890–3891 Endocrine Disruptors Screening and Testing Advisory Meetings; Sunshine Act, 3891–3893 Committee, 3894 Applications, hearings, determinations, etc.: Toxic and hazardous substances control: Iroquois Gas Transmission System, L.P., 3886 Premanufacture notices receipts, 3954–3960, 3962–3969 Mid Louisiana Gas Co., 3886 Shell Gas Pipeline Co., 3886–3887 Farm Service Agency South Georgia Natural Gas Co., 3887 PROPOSED RULES Takoma, WA, 3887 Farm marketing quotas, acreage allotments, and production Transcontinental Gas Pipe Line Corp., 3887 adjustments: U-T Offshore System, 3887–3888 Tobacco, 3830–3832 Williams Natural Gas Co., 3888 Federal Aviation Administration Williston Basin Interstate Pipeline Co., 3888–3889 RULES Airworthiness directives: Federal Highway Administration Empresa Brasileira de Aeronautica, S.A. (EMBRAER), PROPOSED RULES 3784–3786 Motor carrier safety standards: McDonnell Douglas, 3781–3784 Federal regulatory review, 3855–3870 Class E airspace, 3786–3788 NOTICES PROPOSED RULES Environmental statements; availability, etc.: Airworthiness directives: Coryell and Lampasas Counties, TX, 3939–3940 Airbus, 3836–3837 Construcciones Aeronauticas, S.A., 3834–3836 Federal Reserve System McDonnell Douglas, 3837–3840 RULES Short Brothers plc, 3832–3834 Securities credit transactions; OTC margin stocks and Class D airspace, 3840–3841 foreign stocks lists (Regulations G, T, U, and X), 3773– Class E airspace, 3841–3847 3779 NOTICES NOTICES Passenger facility charges; applications, etc.: Banks and bank holding companies: Will Rogers World Airport, OK, 3938–3939 Formations, acquisitions, and mergers, 3899–3900 Federal Communications Commission Formations, acquisitions, and mergers; correction, 3900 PROPOSED RULES Meetings; Sunshine Act, 3900 Radio stations; table of assignments: Arizona, 3850 Fish and Wildlife Service Arkansas, 3853–3854 NOTICES California, 3854 Meetings: Colorado, 3853, 3854–3855 Klamath Fishery Management Council, 3909 Idaho, 3852, 3854 Louisiana, 3851 Food and Drug Administration Nevada, 3852–3853 RULES Oregon, 3852 Food for human consumption: Texas, 3851–3852 Food labeling— Utah, 3850–3851 Saccharin and its salts; retail establishment notice; NOTICES regulation revocation, 3791–3792 Agency information collection activities: PROPOSED RULES Submission for OMB review; comment request, 3894– Animal drugs, feeds, and related products: 3896 Animal proteins from ruminants and minks; prohibition Federal Deposit Insurance Corporation from use in ruminant feed RULES Public forums, 3847–3848 NOTICES Conflict of interests, 3771–3773 NOTICES Medical devices; premarket approval: Meetings; Sunshine Act, 3896 Home Access HIV-1 Test System, 3901–3902

Federal Emergency Management Agency Health and Human Services Department NOTICES See Children and Families Administration Disaster and emergency areas: See Food and Drug Administration California, 3896 See Health Care Financing Administration Idaho, 3897 See Health Resources and Services Administration Minnesota, 3897 NOTICES Nevada, 3897–3898 Federal claims; interest rates on overdue debts, 3900 North Dakota, 3898 Organization, functions, and authority delegations: South Dakota, 3898–3899 National Institutes of Health Washington, 3899 National Human Genome Research Institute, 3900–3901 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Contents V

Health Care Financing Administration Minerals Management Service NOTICES RULES Agency information collection activities: Outer Continental Shelf; oil, gas, and sulphur operations: Proposed collection; comment request, 3902–3903 Drilling operations; hydrogen sulfide (H2S) requirements; personnel protection and exposure limits, etc., 3793– Health Resources and Services Administration 3800 NOTICES Grants and cooperative agreements; availability, etc.: National Aeronautics and Space Administration Healthy Start Initiative-Phase II, 3903–3906 NOTICES Housing and Urban Development Department Agency information collection activities: Submission for OMB review; comment request, 3921– NOTICES 3922 Agency information collection activities: Meetings: Submission for OMB review; comment request, 3906– Space Science Advisory Committee, 3922 3909 Grants and cooperative agreements; availability, etc.: Public and Indian housing— National Credit Union Administration Native American housing block grant program, 3972– NOTICES 3977 Meetings; Sunshine Act, 3922

Interior Department See Fish and Wildlife Service National Foundation on the Arts and the Humanities See Land Management Bureau NOTICES See Minerals Management Service Meetings: See National Park Service Humanities Panel, 3922–3923

Internal Revenue Service National Highway Traffic Safety Administration RULES NOTICES Income taxes: Motor vehicle safety standards: Low-income housing tax credit; Federal grants, 3792– Nonconforming vehicles— 3793 Importation eligibility; determinations, 3940–3941 PROPOSED RULES Income taxes: Low-income housing tax credit; Federal grants; cross National Institute of Standards and Technology reference, 3848–3849 NOTICES Inventions, Government-owned; availability for licensing, International Development Cooperation Agency 3872–3873 See Overseas Private Investment Corporation

Justice Department National Oceanic and Atmospheric Administration RULES NOTICES Agency information collection activities: Fishery conservation and management: Submission for OMB review; comment request, 3915– Caribbean, Gulf, and South Atlantic fisheries, 3808–3809 3916 Ocean and coastal resource management: Marine sanctuaries— Labor Department Gulf of the Farallones National Marine Sanctuary; name change from Point Reyes/Farallon Islands See Employment and Training Administration National Marine Sanctuary, 3788–3789 NOTICES Land Management Bureau Environmental statements; availability, etc.: NOTICES Pacific salmon fisheries off coasts of California, Oregon, Environmental statements; availability, etc.: Washington, Alaska, and in Columbia River Basin, Greybull Valley Irrigation District Dam and Reservoir 3873–3874 Project, WY, 3909–3910 Oil and gas leases: Colorado, 3910 National Park Service Wyoming, 3910–3911 NOTICES Public land orders: Concession contract negotiations: Washington, 3911 Fire Island National Seashore, MA; marina and food Realty actions; sales, leases, etc.: service facilities and services, 3913 California, 3911 Native American human remains and associated funerary Idaho, 3911–3912 objects: Utah, 3912 Cibola National Forest, NM; Acoma prayer sticks, etc., Resource management plans, etc.: 3913–3914 Snake River Resource Area, ID, 3912 Hood Museum of Art, Dartmouth College, NH; Cadoan Survey plat filings: beads and celt, 3914 Arizona, 3912–3913 Mesa Southwest Museum, AZ; Western Apache Gaan Idaho, 3913 material, 3914–3915 VI Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Contents

National Telecommunications and Information Thrift Supervision Office Administration RULES NOTICES Uniform Financial Institutions Rating System (CAMEL Grants and cooperative agreements; availability, etc.: rating system); conforming amendments, 3779–3781 Telecommunications and information infrastructure assistance program, 3946–3951 Transportation Department See Coast Guard National Transportation Safety Board See Federal Aviation Administration RULES See Federal Highway Administration Accident/incident investigation procedures, 3806–3808 See National Highway Traffic Safety Administration Nuclear Regulatory Commission See Surface Transportation Board NOTICES NOTICES Environmental statements; availability, etc.: Aviation proceedings: Arizona Public Service Co., 3925 Agreements filed; weekly receipts, 3937–3938 Meetings: Certificates of public convenience and necessity and Tritium production in commercial light-water reactors; foreign air carrier permits; weekly applications, 3938 DOE proposal, 3925–3926 Applications, hearings, determinations, etc.: Treasury Department Bynum, Joseph R., 3923–3925 See Customs Service See Internal Revenue Service Overseas Private Investment Corporation See Thrift Supervision Office NOTICES Agency information collection activities: Veterans Affairs Department Proposed collection; comment request, 3915 NOTICES Meetings: Public Health Service Persian Gulf Expert Scientific Committee, 3942 See Food and Drug Administration See Health Resources and Services Administration

Railroad Retirement Board Separate Parts In This Issue RULES Civil monetary penalties; inflation adjustment, 3790–3791 Part II Railroad Retirement Act: Department of Commerce, National Telecommunications Compensation records finality, 3789–3790 NOTICES and Information Administration, 3946–3951 Agency information collection activities: Submission for OMB review; comment request, 3926 Part III Meetings; Sunshine Act, 3926 Environmental Protection Agency, 3954–3960

Securities and Exchange Commission Part IV NOTICES Environmental Protection Agency, 3962–3969 Self-regulatory organizations; proposed rule changes: Boston Stock Exchange, Inc., 3931–3935 National Association of Securities Dealers, Inc., 3935– Part V 3936 Housing and Urban Development Department, 3972–3977 Applications, hearings, determinations, etc.: Principal Mutual Life Insurance Co. et al., 3926–3930 Public utility holding company filings, 3930–3931 Reader Aids Additional information, including a list of public laws, Surface Transportation Board telephone numbers, reminders, and finding aids, appears in NOTICES the Reader Aids section at the end of this issue. Railroad services abandonment: Norfork & Western Railway Co., 3941

Tennessee Valley Authority Electronic Bulletin Board NOTICES Free Electronic Bulletin Board service for Public Law Agency information collection activities: numbers, Federal Register finding aids, and a list of Proposed collection; comment request, 3936–3937 documents on public inspection is available on 202–275– Meetings; Sunshine Act, 3937 1538 or 275–0920. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

5 CFR 3201...... 3771 7 CFR Proposed Rules: 17...... 3810 354...... 3823 723...... 3830 12 CFR 207...... 3773 220...... 3773 221...... 3773 224...... 3773 502...... 3779 516...... 3779 562...... 3779 563...... 3779 565...... 3779 574...... 3779 14 CFR 39 (2 documents) ...... 3781 3784 71 (2 documents) ...... 3786 3787 Proposed Rules: 39 (4 documents) ...... 3832 3834, 3836, 3837 71 (7 documents) ...... 3840 3841, 3842, 3843, 3844, 3845, 3846 15 CFR 922...... 3788 20 CFR 211...... 3789 355...... 3790 356...... 3790 21 CFR 101...... 3791 Proposed Rules: 589...... 3847 26 CFR 1...... 3792 Proposed Rules: 1...... 3848 30 CFR 250...... 3793 33 CFR 157...... 3943 40 CFR 52 (2 documents) ...... 3800 3804 Proposed Rules: 441...... 3849 47 CFR Proposed Rules: 73 (13 documents) ...... 3850 3851, 3852, 3853, 3854 49 CFR 831...... 3806 Proposed Rules: 387...... 3855 390...... 3855 391...... 3855 392...... 3855 395...... 3855 396...... 3855 397...... 3855 50 CFR 622...... 3808 3771

Rules and Regulations Federal Register Vol. 62, No. 17

Monday, January 27, 1997

This section of the FEDERAL REGISTER report to one of eight regional offices. and DCA employees, most but not all of contains regulatory documents having general The responsibility for examining any whom are bank examiners. See applicability and legal effect, most of which particular State nonmember bank § 3201.102(c)(1). The credit card are keyed to and codified in the Code of belongs to the field office whose exception for headquarters employees Federal Regulations, which is published under geographical jurisdiction includes that which allows them to acquire credit 50 titles pursuant to 44 U.S.C. 1510. bank’s headquarters. Bank examination cards from any State nonmember bank, The Code of Federal Regulations is sold by reports and recommendations are sent subject to the disqualification the Superintendent of Documents. Prices of from the field office to its regional office requirement, is at § 3201.102(c)(1)(i). new books are listed in the first FEDERAL for approval. The credit card exception for employees REGISTER issue of each week. In order to minimize potential assigned to DOS and DCA regional and conflicts of interest between examiners field offices that allows them to acquire and the banks they examine, the FDIC’s credit cards from State nonmember FEDERAL DEPOSIT INSURANCE ethics regulations have traditionally banks headquartered outside their CORPORATION prohibited examiners from obtaining region of assignment, subject to the credit from State nonmember banks. 5 CFR Part 3201 disqualification requirement, is at Since 1988, the FDIC’s employee ethics § 3201.102(c)(1)(ii). RIN 3064±AA08, 3209±AA15 regulation has made an exception to the Thus, at present, employees of all general prohibition to allow examiners field offices within a region are Supplemental Standards of Ethical in the field offices and regional offices prohibited from getting any credit, Conduct For Employees of the Federal to accept credit in the form of credit including a credit card, from any State Deposit Insurance Corporation cards from State nonmember banks nonmember bank headquartered in their headquartered outside the FDIC region AGENCY: Federal Deposit Insurance region, even from banks that are to which they are assigned, subject to Corporation (FDIC). examined by a different field office than certain conditions. Also since 1988, an ACTION the one to which they are assigned. The : Final rule; amendment. exception for headquarters employees narrowness of the credit card exception subject to the general credit restriction SUMMARY: The FDIC, with the has allowed management the maximum concurrence of the Office of has allowed them to obtain credit cards from any State nonmember bank. Any flexibility to assign employees within Government Ethics (OGE), is amending their region as staffing needs require. the Supplemental Standards of Ethical employee who avails him or herself of the credit card exception was required This is because, in most cases, the Conduct for Employees of the Federal combination of the broad credit Deposit Insurance Corporation to allow to disqualify him or herself from taking any official action affecting the State restriction and the narrow exception to certain employees in the FDIC’s it has meant that most examiners Division of Supervision (DOS) and nonmember bank that issued the credit card. The disqualification requirement assigned to a region have no credit from Division of Compliance and Consumer any State nonmember bank located Affairs (DCA) to obtain credit cards from prevents employees from taking actions that would constitute a conflict of within that region. Absent State chartered nonmember banks that disqualifications that result from an are headquartered outside the interest for the employee, thus avoiding violations of the Federal conflict of extension of credit, the employees can geographical jurisdiction of the field be assigned to work on any bank within office to which the employee is interest statute (18 U.S.C. 208) or subpart D of the Office of Government the region as well as their field office as assigned. The FDIC is also making the need arises. minor changes in its Supplemental Ethics’ Standards of Ethical Conduct for Standards to conform them to previous Executive Branch Employees that apply However, the current organizational changes. to FDIC employees, 5 CFR part 2635. § 3201.102(c)(1)(ii) prohibition and See also OGE’s recent final 18 U.S.C. narrow exception has kept DOS and EFFECTIVE DATE: January 27, 1997. 208 regulation, 61 FR 6830–66851 (part DCA employees from obtaining credit FOR FURTHER INFORMATION CONTACT: III) (December 18, 1996). The general that many citizens consider important Richard M. Handy, Assistant Executive State nonmember bank credit in conducting their personal business. Secretary (Ethics), Office of the prohibition and its exception are For example, in certain cases, Executive Secretary of the Federal consistent with, but not the same as, 18 department stores have transferred their Deposit Insurance Corporation, 550 17th U.S.C. 213 which prohibits examiners customer credit accounts to State Street, N.W., Washington, D.C. 20429; from accepting credit from any nonmember banks from which telephone (202) 898–7271. institution that they have previously examiners in the region of the bank’s SUPPLEMENTARY INFORMATION: examined. headquarters are prohibited from The FDIC’s employee ethics accepting credit cards. In other cases, I. Background regulation (5 CFR part 3201) was nationally chartered banks from whom The FDIC is the primary regulator for comprehensively revised in 1995 to DOS and DCA employees can generally State chartered banks that are not supplement OGE’s executive branch- obtain credit issue their credit cards members of the Federal Reserve System. wide employee ethics regulation. See 60 through State chartered nonmember FDIC bank examinations are generally FR 20171–20178 (April 25, 1995), as banks. In such cases, DOS and DCA conducted by examiners assigned to the amended at 61 FR 35915–35916 (July 9, employees covered by FDIC’s DOS or DCA. Both divisions 1996). The FDIC’s present general credit § 3201.102(c)(1)(ii) are prohibited from maintain numerous field offices that restriction applies to designated DOS accepting credit available to others. 3772 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations

In order to alleviate somewhat the Supervision, Resolutions, and the Office of Government Ethics, is difficulty in obtaining credit card credit Compliance and Regional Manager amending 5 CFR part 3201 as follows: by employees covered by which no longer exist. Second, the FDIC § 3201.102(c)(1)(ii), the FDIC has is amending § 3201.102(d) which PART 3201ÐSUPPLEMENTAL determined to modify the exception to prohibits employees of certain FDIC STANDARDS OF ETHICAL CONDUCT the prohibition in a way that still divisions who have certain listed FOR EMPLOYEES OF THE FEDERAL maintains protection against potential official duties from accepting credit DEPOSIT INSURANCE CORPORATION conflicts of interest. Specifically, the from an FDIC-insured depository 1. The authority citation for part 3201 FDIC has determined to expand the institution for two years after their last continues to read as follows: § 3201.102(c)(1)(ii) exception to allow participation in an official matter employees assigned to a field office to affecting that institution. The Authority: 5 U.S.C. 7301; 5 U.S.C. App. obtain credit cards from State amendment adds to the list of divisions (Ethics in Government Act of 1978); 12 nonmember banks that are covered by § 3201.102(d) the Division of U.S.C. 1819(a), 1822; 26 U.S.C. 1043; E.O. headquartered outside their field office’s Insurance which was created after the 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, geographical examination FDIC’s supplemental employee ethics 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, responsibility. Thus, for example, an regulation was made final and 2635.403, 2635.502, and 2635.803. employee assigned to one of the 17 field substitutes the new Division of offices within the Atlanta Regional Resolutions and Receiverships for the 2. Section 3201.102 is amended as set Office will be able to obtain credit card former Division of Depositor and Asset forth below: credit from State nonmember banks Services and the Division of A. Removing the word ‘‘and’’ at the headquartered in the other 16 field Resolutions. end of paragraph (c)(1)(i); offices within the region that were B. Revising paragraph (c)(1)(ii); II. Matters of Regulatory Procedure previously not allowed. Potential C. Adding a new paragraph (c)(1)(iii); conflicts of interest will still be avoided Administrative Procedure Act D. Removing the words ‘‘the Executive Director for Supervision, by continuing the requirement that any Pursuant to 5 U.S.C. 553(a)(2), (b) and employee who obtains credit card credit Resolutions, and Compliance,’’ in both (d), the Board of Directors has found places in which they appear and the pursuant to the newly expanded that good cause exists for waiving the exception shall disqualify him or herself words ‘‘Regional Manager,’’ where it regular notice of proposed rulemaking appears in paragraph (c)(2); and from taking any official action regarding and 30-day delayed effective date as to E. Amending paragraph (c)(3) by the issuer of that credit. this final rule amendment. This action removing the phrase ‘‘(c)(1)(i) or The broadened exception to the is being taken because it is in the public (c)(1)(ii)’’ and adding in its place the § 3201.102(c)(1) prohibition may reduce interest that this rule, which concerns phrase ‘‘(c)(1)(i), (c)(1)(ii), or (c)(1)(iii);’’ FDIC management’s flexibility, in matters of agency organization, practice and certain cases, to reassign employees to and procedure and which relieves F. Amending paragraph (d)(2) by different offices. However, management certain restrictions placed on FDIC removing the words ‘‘Division of has determined that the increased employees, become effective on the date Depositor and Asset Services, Division availability of credit to its employees is of publication. worth the increased effort required. of Resolutions’’ and adding in their Similarly, employees who obtain Regulatory Flexibility Act place ‘‘Division of Resolutions and previously prohibited credit as a result The Board of Directors has concluded Receiverships,’’ and adding ‘‘Division of of this change must recognize that their that the amendment to the rule will not Insurance,’’ before the words ‘‘Legal ability to accept assignments will be impose a significant economic hardship Division.’’ The revised paragraph narrowed to the extent that they use this on small institutions. Therefore, the (c)(1)(ii) and the added paragraph expanded exception to the rule. Board of Directors hereby certifies (c)(1)(iii) read as follows: The change in the exception would pursuant to § 605 of the Regulatory not affect DOS or DCA employees § 3201.102 Extensions of credit from FDIC- Flexibility Act (5 U.S.C. 605) that the insured depository institutions. assigned to the Washington office who amended regulation will not have a * * * * * would continue to be allowed by significant economic impact on a (c) * * * § 3201.102(c)(1)(i) to obtain credit substantial number of small entities (1) * * * through the use of a credit card from within the meaning of the Regulatory (ii) For an employee assigned to a any State nonmember bank. Nor will the Flexibility Act (5 U.S.C. 601 et seq.). change affect DOS or DCA employees regional office, credit extended by an whose official assignment is to a Paperwork Reduction Act FDIC-insured State nonmember bank regional office. Since those employees The Board of Directors has headquartered outside the employee’s can take action affecting any State determined that the amended regulation region of official assignment through the nonmember bank within their region, does not contain any information use of a credit card on the same terms they will still be permitted to obtain collection requirements that require the and conditions as are offered to the credit cards only from State nonmember approval of the Office of Management general public; and banks headquartered outside their and Budget pursuant to the Paperwork (iii) For an employee assigned to a region of assignment. Reduction Act (44 U.S.C. 3501 et seq.). field office, credit extended by an FDIC- The FDIC is also making a couple of insured State nonmember bank other minor changes in § 3201.102 to List of Subjects in 5 CFR Part 3201 headquartered outside the employee’s reflect organizational changes that have Administrative practice and field office of official assignment occurred since the regulation was procedure, Conflict of interests, through the use of a credit card on the finalized. First, § 3201.102(c)(2), which Government employees, Reporting and same terms and conditions as are identifies the employees to whom the recordkeeping requirements. offered to the general public. credit restriction of § 102(c)(1) applies, For the reasons set forth in the * * * * * is amended to delete two references to preamble, the Federal Deposit Insurance Dated at Washington, D.C. this 11th day of the positions of Executive Director for Corporation, with the concurrence of December 1996. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations 3773

By Order of the Board of Directors. applicability of Regulation X (12 CFR 12 CFR Part 220 Federal Deposit Insurance Corporation. Part 224). These stocks have the degree Banks, Banking, Brokers, Credit, Jerry L. Langley, of national investor interest, the depth Margin, Margin requirements, Executive Secretary. and breadth of market, and the Investments, National Market System Concurred in this 17th day of January availability of information respecting (NMS Security), Reporting and 1997. the stock and its issuer to warrant recordkeeping requirements, Securities. Stephen D. Potts, regulation in the same fashion as 12 CFR Part 221 Director, Office of Government Ethics. exchange-traded securities. The OTC [FR Doc. 97–1867 Filed 1–24–97; 8:45 am] List also includes any OTC stock Banks, Banking, Credit, Margin, BILLING CODE 6714±01±P designated for trading in the national Margin requirements, National Market market system (NMS security) under System (NMS Security), Reporting and rules approved by the Securities and recordkeeping requirements, Securities. Exchange Commission (SEC). FEDERAL RESERVE SYSTEM 12 CFR Part 224 Additional OTC stocks may be 12 CFR Parts 207, 220, 221, and 224 designated as NMS securities in the Banks, Banking, Borrowers, Credit, interim between the Board’s quarterly Margin, Margin requirements, Reporting [Regulations G, T, U and X] publications. They will become and recordkeeping requirements, Securities. Securities Credit Transactions; List of automatically marginable upon the Marginable OTC Stocks; List of effective date of their NMS designation. Accordingly, pursuant to the Foreign Margin Stocks The names of these stocks are available authority of sections 7 and 23 of the at the SEC and at the National Securities Exchange Act of 1934, as AGENCY: Board of Governors of the Association of Securities Dealers, Inc. amended (15 U.S.C. 78g and 78w), and Federal Reserve System. and will be incorporated into the in accordance with 12 CFR 207.2(k) and ACTION: Final rule; determination of Board’s next quarterly publication of the 207.6 (Regulation G), 12 CFR 220.2 and applicability of regulations. OTC List. 220.17 (Regulation T), and 12 CFR Also listed below are the deletions 221.2(j) and 221.7 (Regulation U), there SUMMARY: The List of Marginable OTC is set forth below a listing of deletions Stocks (OTC List) is composed of stocks from and additions to the Foreign List which was last published on October from and additions to the OTC List and traded over-the-counter (OTC) in the the Foreign List. United States that have been determined 28, 1996 (61 FR 55555) and became by the Board of Governors of the Federal effective November 12, 1996. A copy of Deletions From the List Of Marginable Reserve System to be subject to the the complete Foreign List is available OTC Stocks from the Federal Reserve banks. margin requirements under certain Stocks Removed for Failing Continued Federal Reserve regulations. The List of Public Comment and Deferred Effective Listing Requirements Foreign Margin Stocks (Foreign List) is Date composed of foreign equity securities 50–OFF STORES, INC. $.01 par common that have met the Board’s eligibility The requirements of 5 U.S.C. 553 with ASTROSYSTEMS, INC. criteria under Regulation T. The OTC respect to notice and public $.10 par common List and the Foreign List are published participation were not followed in four times a year by the Board. This BRADLEY PHARMACEUTICALS, INC. connection with the issuance of this Class A, warrants (expire 11–12–96) document sets forth additions to and amendment due to the objective deletions from the previous OTC List Class B, warrants (expire 11–12–96) character of the criteria for inclusion Class D, warrants (expire 12–09–96) and the previous Foreign List. and continued inclusion on the Lists CAM-NET COMMUNICATIONS EFFECTIVE DATE: February 10, 1997. specified in 12 CFR 207.6(a) and (b), NETWORK, INC. FOR FURTHER INFORMATION CONTACT: 220.17(a), (b), (c) and (d), and 221.7(a) No par common Peggy Wolffrum, Securities Regulation and (b). No additional useful CREATIVE TECHNOLOGIES CORP. Analyst, Division of Banking information would be gained by public $.03 par common Supervision and Regulation, (202) 452– participation. The full requirements of 5 CRYOMEDICAL SCIENCES, INC. 2781, Board of Governors of the Federal U.S.C. 553 with respect to deferred $.001 par common Reserve System, Washington, D.C. effective date have not been followed in D & N FINANCIAL CORPORATION 20551. For the hearing impaired only, connection with the issuance of this Warrants (expire 12–31–96) contact Dorothea Thompson, amendment because the Board finds EDMARK CORPORATION Telecommunications Device for the Deaf that it is in the public interest to No par common (TDD) at (202) 452–3544. facilitate investment and credit EMBREX, INC. SUPPLEMENTARY INFORMATION: Listed decisions based in whole or in part Warrants (expire 11–07–96) below are the deletions from and upon the composition of these Lists as ENCON SYSTEMS, INC. additions to the Board’s OTC List, soon as possible. The Board has $.01 par common which was last published on October responded to a request by the public EUROMED, INC. 28, 1996 (61 FR 55555), and became and allowed approximately a two-week $.01 par common effective November 12, 1996. A copy of delay before the Lists are effective. EVERGREEN MEDIA CORPORATION the complete OTC List is available from 6% convertible exchangeable the Federal Reserve Banks. List of Subjects preferred The OTC List includes those stocks 12 CFR Part 207 FIRST COMMERCE CORPORATION traded over-the-counter in the United $25.00 par cumulative preferred States that meet the criteria in Banks, Banking, Credit, Margin, GENSIA, INC. Regulations G, T and U (12 CFR Parts Margin requirements, National Market Warrants (expire 12–31–96) 207, 220 and 221, respectively). This System (NMS Security), Reporting and Rights (expire 12–31–96) determination also affects the recordkeeping requirements, Securities. GENZYME CORPORATION 3774 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations

Series N, warrants (expire 12–31–96) Stocks Removed for Listing on a DATALOGIX INTERNATIONAL, INC. GRANT GEOPHYSICAL INC. National Securities Exchange or Being $.01 par common $.002 par common Involved in an Acquisition DAVCO RESTAURANTS, INC. $.01 par convertible exchangeable $.001 par common A+ NETWORK, INC. DELPHI FINANCIAL GROUP, INC. preferred $.01 par common HEALTHCARE IMAGING SERVICES, Class A, $.01 par common ACCUSTAFF INCORPORATED DEPOSIT GUARANTY CORP. INC. $.01 par common Class B, redeemable warrants (expire No par common ADDINGTON RESOURCES, INC. ELECTROSTAR, INC. 11–12–96) No par common HYCOR BIOMEDICAL, INC. $.01 par common AEQUITRON MEDICAL, INC. Warrants (expire 08–07–98) FALCON DRILLING COMPANY, INC. $.01 par common ITALIAN OVEN, INC., THE $.01 par common AG SERVICES OF AMERICA, INC. $.01 par common FAMILY BANCORP (Massachusetts) No par common JG INDUSTRIES, INC. $.10 par common AMERICAN TRAVELLERS No par common FARMERS & MECHANICS BANK CORPORATION KRUG INTERNATIONAL CORP. (Connecticut) $.01 par common Warrants (expire 01–27–98) $.01 par common L. L. KNICKERBOCKER COMPANY AMTROL INC. GENETICS INSTITUTE, INC. Warrants (expire 01–24–97) $.01 par common Depositary Shares LAM RESEARCH CORPORATION ARMOR ALL PRODUCTS GMIS INC. 6% convertible subordinated CORPORATION $.01 par common debentures due 2003 $.01 par common GREENSTONE INDUSTRIES, INC. MEMOREX TELEX N.V. BETTIS CORPORATION $.001 par common American Depositary Receipts $.01 par common Warrants (expire 07–20–99) MULTI-MARKET RADIO, INC. BIG B, INC. HOME FEDERAL CORPORATION Class A, warrants (expire 03–23–99) $.01 par common (Maryland) NASTECH PHARMACEUTICAL BIO-DENTAL TECHNOLOGIES $1.00 par common COMPANY INC. CORPORATION HOME FINANCIAL CORPORATION Warrants (expire 12–07–96) $.01 par common $.10 par common NATIONAL CAPITAL MANAGEMENT BOATMEN’S BANCSHARES, INC. IMPERIAL BANCORP (California) CORPORATION (Missouri) No par common $.01 par common $1.00 par common IOMEGA CORPORATION NEOPROBE CORPORATION Depositary Shares $.0333 par common Class E, warrants (expire 11–12–96) BOSTON TECHNOLOGY, INC. IPSCO INC. NEOSTAR RETAIL GROUP, INC. $.001 par common No par common $.01 par common BUTLER MANUFACTURING JEFFERSON BANCORP, INC. (Florida) NEOZYME II CORPORATION COMPANY $1.00 par common Units (expire 12–31–96) No par common JP FOODSERVICE, INC. NOVATEK INTERNATIONAL, INC. BWAY CORPORATION $.01 par common No par common $.01 par common KASH N KARRY FOOD STORES, INC. OLYMPIC FINANCIAL LTD. (MN) CAREMATRIX CORPORATION $.01 par common 8% cumulative convertible $.01 par common KRUG INTERNATIONAL CORP. exchangeable preferred CASCADE CORPORATION No par common ONBANCORP, INC. (NY) $.50 par common LEARNING COMPANY, INC., THE 6.75% Series B, cumulative preferred CENTER FINANCIAL CORPORATION $.01 par common PDK LABS, INC. $1.00 par common LXE, INC. Class C, warrants (expire 04–14–97) CENTRAL JERSEY FINANCIAL $.01 par common PROSPECT GROUP, INC., THE CORPORATION MAGNA GROUP, INC. $.50 par common $1.00 par common $2.00 par common SANCHEZ COMPUTER ASSOCIATES, CHARTER POWER SYSTEMS, MAIL-WELL, INC. INC. INCORPORATED $.01 par common Rights (expire 12–18–96) $.01 par common META-SOFTWARE, INC. SMITH TECHNOLOGY CORPORATION CITIZENS BANCORP (Maryland) No par common $.01 par common $2.50 par common METROPOLITAN BANCORP SPRECKELS INDUSTRIES, INC. COLONIAL DATA TECHNOLOGIES (Washington) Class A, $.01 par common CORPORATION $1.00 par common STAT HEALTHCARE, INC. $.01 par common MFS COMMUNICATIONS COMPANY, Warrants (expire 04–21–98) COMSTOCK RESOURCES, INC. INC. TEE-COMM ELECTRONICS, INC. $.50 par common $.01 par common Purchase warrants (expire 11–22–96) CONSOLIDATED PRODUCTS, INC. Depositary Shares TRANS WORLD GAMING No par common MOUNTAIN PARKS FINANCIAL CORPORATION CONTINENTAL WASTE INDUSTRIES, CORPORATION $.001 par common Warrants (expire INC. $.001 par common 12–15–99) $.001 par common MULTI-MARKET RADIO, INC. WASHINGTON MUTUAL INC. CULP, INC. Class A, $.01 par common Series D, $1.00 par convertible $.05 par common NEOPHARM, INC. perpetual preferred CUPERTINO NATIONAL BANCORP $.000429 par common WHARF RESOURCES, LTD. (California) NORTH SIDE SAVINGS BANK (New No par common No par common York) Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations 3775

$1.00 par common $5.00 par common ANDEAN DEVELOPMENT OM GROUP INC. TRANSNATIONAL RE CORPORATION CORPORATION $.01 par common Class A, $.01 par common Warrants (expire 11–12–2001) OPAL, INC. TRANSPORT HOLDINGS, INC. ANSALDO SIGNAL, NV $.01 par common Class A, $.01 par common Common shares (par NLS .01) OPEN ENVIRONMENT CORPORATION UNION SWITCH & SIGNAL INC. APPLIED CELLULAR TECHNOLOGY, $.01 par common $.01 par common INC. PACIFIC REHABILITATION & SPORTS US FACILITIES CORPORATION $.001 par common MEDICINE INC. $.01 par common APPLIED IMAGING CORPORATION $.01 par common US ORDER, INC. $.001 par common PARTNERRE LTD. $.001 par common AQUILA BIOPHARMACEUTICALS, $1.00 par common UTAH MEDICAL PRODUCTS, INC. INC. PAYCO AMERICAN CORPORATION $.01 par common $.05 par common $.10 par common WALDEN BANCORP, INC. ARAMEX INTERNATIONAL LIMITED PENRIL DATACOMM NETWORKS, $1.00 par common $.01 par common INC. WESTPORT BANCORP, INC. ARNOLD PALMER GOLF COMPANY $.01 par common (Connecticut) $.50 par common PEOPLES TELEPHONE COMPANY, $.01 par common ASHTON TECHNOLOGY GROUP, INC. INC. WILLAMETTE INDUSTRIES, INC. $.01 par common $.01 par common $.50 par common AURUM SOFTWARE, INC. PET FOOD WAREHOUSE, INC. WORKINGMENS CAPITAL HOLDINGS, $.001 par common $.01 par common INC. AUTOBAOND ACCEPTANCE PHYSICIANS INSURANCE COMPANY No par common CORPORATION OF OHIO ZYCON CORPORATION No par common Class A, $1.00 par common $.001 par common AVIRON PXRE CORPORATION $.001 par common $.01 par common Additions to the List of Marginable OTC AWARD SOFTWARE READICARE, INC. Stocks INTERNATIONAL, INC. $.01 par common 3D LABS INC. LIMITED No par common REDMAN INDUSTRIES INC. $.01 par common AXSYS TECHNOLOGIES, INC. $.01 par common 3DX TECHNOLOGIES, INC. $.01 par common RICHFOOD HOLDINGS, INC. $.01 par common B.O.S. BETTER ONLINE SOLUTIONS No par common ACCELR8 TECHNOLOGY LTD. ROCK-TENN COMPANY CORPORATION Common stock (NIS 1.00) Class A, $.01 par common No par common BANKUNITED FINANCIAL ROPER INDUSTRIES, INC. ACCENT COLOR SCIENCES, INC. CORPORATION (Florida) $.01 par common No par common Series 1996, 8% par noncumulative SAVOY PICTURES ENTERTAINMENT, ACCESS BEYOND, INC. convertible preferred INC. $.01 par common BARRINGER TECHNOLOGIES, INC. $.01 par common ACTRADE INTERNATIONAL, LTD. $.01 par common SEACOR HOLDINGS, INC. $.001 par common Warrants (expire 11–12–99) $.01 par common ADVANCED AERODYNAMICS & BIACORE INTERNATIONAL AB SITEL CORPORATION STRUCTURES, INC. American Depositary Receipts $.001 par common $.0001 par common BIG FOOT FINANCIAL CORPORATION SKYLINE CHILI, INC. Class A, warrants (expire 12–03–2001) $.01 par common No par common Class B, warrants (expire 12–03–2001) BITSTREAM, INC. SOFTWARE PUBLISHING ADVANCED RADIO TELECOM $.01 par common CORPORATION CORPORATION BONE CARE INTERNATIONAL, INC. No par common $.001 par common No par common ST. JUDE MEDICAL, INC. AFTERMARKET TECHNOLOGY BOSTON BIOMEDICA, INC. $.10 par common CORPORATION $.01 par common STAT HEALTHCARE, INC. $.01 par common BOWLIN OUTDOOR ADVERTISING & $.01 par common ALL-COMM MEDIA CORPORATION TRAVEL CENTER, INC. STERLING HEALTHCARE GROUP, INC. $.01 par common $.001 par common $.0001 par common ALLEGRO NEW MEDIA, INC. BRAKE HEADQUARTERS U.S.A. SUDBURY, INC. $.001 par common $.001 par common $.01 par common ALLIN COMMUNICATIONS CAL-MAINE FOODS, INC. SUNCOAST SAVINGS & LOAN CORPORATION $.01 par common ASSOCIATION (Florida) $.01 par common CALIFORNIA FEDERAL BANK, FSB $1.10 par common ALYN CORPORATION Secondary Contingent Litigation Series A, $5.00 par non-cumulative $.001 par common Recovery Participation Interests convertible preferred AMERICAN MATERIALS & CALYPTE BIOMEDICAL SUNRISE BANCORP (California) TECHNOLOGIES CORPORATION CORPORATION No par common $.01 par common $.001 par common SUPERCUTS, INC. AMERICAN MEDSERVE CANDLEWOOD HOTEL COMPANY, $.01 par common CORPORATION INC. TELEBIT CORPORATION $.01 par common $.01 par common No par common AMSCAN HOLDINGS, INC. CAROLINA FINCORP, INC. TODAY’S BANCORP, INC. $.10 par common No par common 3776 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations

CB COMMERCIAL REAL ESTATE EROX CORPORATION INDEPENDENT BANK CORPORATION SERVICES GROUP, INC. No par common No par cumulative trust preferred $.01 par common EXACTECH, INC. securities CD RADIO, INC. $.01 par common INDIVIDUAL INVESTOR GROUP, INC. $.001 par common FACTORY CARD OUTLET $.01 par common CNS BANCORP, INC. (Missouri) CORPORATION INDUSTRIAL HOLDINGS, INC. $10.00 par common No par common Class C, warrants (expire 01–14–99) COLT TELECOM GROUP PLC FEDERAL AGRICULTURAL INFINITY FINANCIAL TECHNOLOGY, American Depositary Receipts MORTGAGE CORPORATION INC. COMPOSITECH LTD. Class C, non-voting, $1.00 par No par common $.01 par common common INFORMATION MANAGEMENT COMPSCRIPT, INC. FINANCIAL SERVICES ACQUISITION RESOURCES, INC. $.0008 par common CORPORATION $.10 par common CONSOLIDATED FREIGHTWAYS $.001 par common INLAND RESOURCES, INC. CORPORATION Series A, warrants (expire 11–30– $.001 par common $.01 par common 2001) INSCI CORPORATION CREDIT MANAGMENT SOLUTIONS, Series B, warrants (expire 11–30– $.01 par common INC. 2001) INSTRUMENTATION LABORATORY $.01 par common FIREARMS TRAINING SYSTEMS, INC. SPA CUBIST PHARMACEUTICALS, INC. No par common American Depositary Receipts $.001 par common FIRST COASTAL CORPORATION INTEGRATED MEDICAL RESOURCES, CV THERAPEUTICS, INC. $1.00 par common INC. $.001 par common FIRST LANCASTER BANCSHARES, $.001 par common CYBERMEDIA, INC. INC. (Kentucky) INTELIDATA TECHNOLOGIES $.01 par common $.01 par common CORPORATION DANNINGR MEDICAL TECHNOLOGY, FIRST LEESPORT BANCORP, INC. $.001 par common INC. (Pennsylvania) INTERACTIVE FLIGHT $.01 par common $5.00 par common TECHNOLOGIES, INC. DATA TRANSLATION, INC. FIRST MARINER BANCORP (Maryland) $.01 par common $.01 par common $.05 par common INTERNATIONAL SPEEDWAY DELGRATIA MINING CORPORATION FIRST REGIONAL BANCORP CORPORATION No par common (California) Class A, $.01 par common DELIA*S INC. No par common INTERNATIONAL $.01 par common FIRST VIRTUAL HOLDINGS TELECOMMUNICATION DATA DELPHOS CITIZENS BANCORP, INC. INCORPORATED SYSTEMS $.01 par common $.001 par common $.01 par common DONNELLEY ENTERPRISE FLETCHER’S FINE FOODS LIMITED IRWIN FINANCIAL CORPORATION SOLUTIONS, INCORPORATED No par common No par cumulative preferred $.01 par common FLORIDA PANTHERS HOLDINGS, INC. K2 DESIGN, INC. DR. SOLOMON’S GROUP, PLC Class A, $.01 par common $.01 par common American Depository Receipts FORELAND CORPORATION KEVCO, INC. DYNAMIC MATERIALS $.001 par common $.01 par common CORPORATION FORRESTER RESEARCH, INC. KIRLIN HOLDING CORPORATION $.05 par common $.01 par common $.001 par common EASTWIND GROUP, INC. GEOTEL COMMUNICATIONS LARSCOM INCORPORATED $.10 par common CORPORATION Class A, $.01 par common ECSOFT GROUP PLC $.01 par common LB FINANCIAL, INC. American Depository Receipts GOLD BANC CORPORATION, INC. $.01 par common EDUCATION MANAGEMENT $1.00 par common LEADING EDGE PACKAGING, INC. CORPORATION GOLETA NATIONAL BANK (California) $.01 par common $.01 par common $2.50 par common LITHIA MOTORS, INC. EDUCATIONAL MEDICAL, INC. GRANITE FINANCIAL, INC. Class A, no par common $.01 par common $.001 par common LONDON FINANCIAL CORPORATION EIDOS PLC HEALTHDYNE INFORMATION No par common American Depository Receipts ENTERPRISES, INC. MANCHESTER EQUIPMENT CO., INC. ELBIT MEDICAL IMAGING LTD. $.01 par common $.01 par common Ordinary shares (1.0 NIS) HEATLCARE FINANCIAL PARTNERS, MASTECH CORPORATION ELBIT SYSTEMS, LTD. INC. $.01 par common Ordinary shares (1.0 NIS) $.01 par common MAZEL STORES, INC. ELTRAX SYSTEMS, INC. HIGHWAY HOLDINGS LIMITED No par common $.01 par common $.01 par common MDSI MOBILE DATA SOLUTIONS, EMERGENT GROUP, INC. Warrants (expire 01–01–2001) INC. $.05 par common HOME FINANCIAL BANCORP No par common ENAMELON, INC. (Indiana) MEDCROSS, INC. $.001 par common No par common $.007 par common EPITOPE, INCORPORATED HOMEGATE HOSPITALITY, INC. MEDWAVE, INC. No par common $.01 par common No par common EPL TECHNOLOGIES, INC. IA CORPORATION I MEGO MORTGAGE CORPORATION $.001 par common $.01 par common $.01 par common Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations 3777

METRIS COMPANIES, INC. $.01 par common TESCO CORPORATION $.01 par common PUMA TECHNOLOGY, INC. No par common METROPOLITAN FINANCIAL $.001 par common THINK NEW IDEAS, INC. CORPORATION RANKIN AUTOMOTIVE GROUP, INC. $.0001 par common No par common $.01 par common TICKETMASTER GROUP, INC. MIAMI COMPUTER SUPPLY REAL GOODS TRADING No par common CORPORATION CORPORATION TITAN EXPLORATION, INC. No par common No par common $.01 par common MICROSOFT CORPORATION RIDGEVIEW, INC. TITAN PHARMACEUTICALS, INC. Series A, convertible exchangeable $.01 par common $.001 par common preferred ROADHOUSE GRILL, INC. TMP WORLDWIDE, INC. MLC HOLDINGS, INC. $.01 par common No par common $.01 par common ROGUE WAVE SOFTWARE, INC. TOWER TECH, INC. MONEY STORE, INC., THE $.01 par common $.001 par common No par mandatory convertible ROSLYN BANCORP, INC. (New York) TRAMFORD INTERNATIONAL, LTD. preferred $.01 par common $.01 par common MULTICANANL PARTICIPACOES, S.A. SANCHEZ COMPUTER ASSOCIATES, Warrants (expire 12–13–99) American Depositary Receipts INC. TRIANGLE PHARMACEUTICALS, INC. MULTIMEDIA CONCEPTS No par common $.001 par common INTERNATIONAL, INC. SEACHANGE INTERNATIONAL, INC. TTI TEAM TELECOM $.001 par common $.01 par common INTERNATIONAL, LTD. N-VISION, INC. SEAMED CORPORATION Ordinary shares (NIS .5) $.01 par common No par common TWINLAB CORPORATION NATIONAL SECURITIES SECURITY BANK CORPORATION $1.00 par common CORPORATION (Virginia) TYSONS FINANCIAL CORPORATION $.02 par common $5.00 par common $5.00 par common NATIONSBANK CORPORATION SELECT APPOINTMENTS (HOLDINGS) U.S. FRANCHISE SYSTEMS, INC. Depositary Shares PLC $.01 par common NATURAL ALTERNATIVES American Depositary Receipts UNITED NATURAL FOODS, INC. INTERNATIONAL SIBIA NEUROSCIENCES, INC. $.01 par common $.01 par common $.001 par common UOL PUBLISHING, INC. NCO GROUP, INC. SIMULATION SCIENCES, INC. $.01 par common No par common $.001 par common UROHEALTH SYSTEMS, INC. NORTH PITTSBURGH SYSTEMS, INC. SKYMALL, INC. $.001 par common $.1562 par common $.001 par common Warrants (expire 03–20–97) NUWAVE TECHNOLOGIES, INC. SMALLWORLDWIDE PLC UROQUEST MEDICAL CORPORATION $.01 par common American Depositary Receipts $.001 par common O’GARA COMPANY, THE SMARTALK TELESERVICES, INC. USTEL, INC. $.01 par common No par common $.01 par common OFFSHORE ENERGY DEVELOPMENT SOBIESKI BANCORP, INC. (Indiana) V-ONE CORPORATION CORPORATION $.01 par common $.001 par common $.01 par common STAGE STORES, INC. VERSATILITY INC. ON COMMAND CORPORATION $.01 par common $.01 par common Warrants (expire 10–08–2003) STEEL DYNAMICS, INC. VIASAT, INC. Class B, warrants (expire 10–08–2003) $.01 par common $.01 par common ONTRACK DATA INTERNATIONAL, STEINER LEISURE LIMITED VIISAGE TECHNOLOGY, INC. INC. $.01 par common $.001 par common $.01 par common STEVEN MADDEN, LTD. VIMRX PHARMACEUTICALS, INC. OPTIMAL ROBOTICS CORPORATION Class B, warrants (expire 02–13–98) $.001 par common Class A, no par common STYLING TECHNOLOGY VIRAGEN, INC. PACIFIC CAPITAL BANCORP CORPORATION $.01 par common No par common $.0001 par common VIROPHARM, INC. PATIENT INFOSYSTEMS, INC. SUN HYDRAULICS CORPORATION $.002 par common $.01 par common $.001 par common VISUAL EDGE SYSTEMS, INC. PJ AMERICA, INC. SYMONS INTERNATIONAL GROUP, $.01 par common $.01 par common INC. VITECH AMERICA, INC. POWERWAVE TECHNOLOGIES, INC. No par common No par common $.0001 par common SYNTHETIC INDUSTRIES, INC. VIVID TECHNOLOGIES, INC. PRIMEX TECHNOLOGIES, INC. $1.00 par common $.01 par common $1.00 par common T HQ, INC. VOXWARE, INC. PRIMUS TELECOMMUNICATIONS $.0001 par common $.001 par common GROUP, INC. TCI SATELLITE ENTERTAINMENT, WEST TELESERVICES CORPORATION $.01 par common INC. $.01 par common PROCOM TECHNOLOGY Series A, $1.00 par common WILD OATS MARKETS, INC. INCORPORATED Series B, $1.00 par common $.001 par common No par common TEAM AMERICA CORPORATION WILSHIRE FINANCIAL SERVICES PROSOURCE, INC. No par common GROUP, INC. Class A, $.01 par common TECHDYNE, INC. $.01 par common PS FINANCIAL, INC. Warrants (expire 09–13–98) WOODROAST SYSTEMS, INC. 3778 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations

$.005 par common B Common Shares, par Norwegian krone WOODWARD GOVERNOR COMPANY krone $.0625 par common FINLAND WORLD HEART CORPORATION PHILIPPINES FINNAIR OY No par common SAN MIGEUEL CORPORATION Ordinary shares, par 50 Finnish WORLDCOM INC. Common Shares, par 10 Philippine markka Depositary Shares pesos KEMIRA OY ZAG INDUSTRIES LIMITED Ordinary shares, par 50 Finnish SWEDEN Ordinary shares (NIS .01) markka Deletions From the Foreign Margin List MO OCH DOMSJO AB ORION-YHTYMA OY A Free shares, par 50 Swedish krona A Series, par 10 Finnish markka AUSTRALIA TIDNINGS AB MARIEBERG ORION-YHTYMA OY PUBLISHING AND BROADCASTING A Free shares, par 10 Swedish krona B Series, par 10 Finnish markka LIMITED SWITZERLAND RAISON TEHTAAT VAIH OS OY AB Preferred, par A$1.00 K Series common, par 10 Finnish TNT LIMITED CIBA-GEIGY AG markka Ordinary shares, par A$0.50 Bearer shares, par 20 Swiss francs SAMPO INSURANCE CO., LTD. CIBA-GEIGY AG DENMARK A Ordinary Shares, par 20 Finnish Registered shares, par 20 Swiss francs markka A/S TH. WESSEL & VETT, MAGASIN SANDOZ AG STOCKMANN OY AB DU NORD Bearer shares, par 20 Swiss francs B Free Shares, par 20 Finnish markka C Shares, par 100 Danish krone SANDOZ AG TAMRO OY AB AARHUS OLIEFABRIK A/S Registered shares, par 20 Swiss francs Ordinary shares, par 10 Finnish A Shares, par 100 Danish krone WINTERTHUR SCHWEIZER. markka ICOPAL A/S VERSICHERUNGS GES. Share Capital, par 100 Danish krone Registered shares, par 20 Swiss francs FRANCE FINLAND THAILAND CLF–DEXIA FRANCE SA KONE OY Ordinary Shares, par 100 French FIRST BANGKOK CITY BANK PUBLIC francs B Shares, par 50 Finnish markka CO. LTD. MERITA LTD Ordinary shares, par 15 Thai baht GERMANY A Shares, par 5 Finnish markka METSA-SERLA OY UNITED KINGDOM DEUTSCHE TELEKOM Ordinary shares, par DM 5 A Ordinary Shares, par 10 Finnish RANK ORGANISATION PLC markka Ordinary shares, par 10 p NORWAY FRANCE REFUGE GROUP PLC BONHEUR AS Ordinary shares, par 5 p CREDIT LOCAL DE FRANCE SA Free Shares, par 5 Norwegian krone RENTOKIL GROUP PLC Ordinary shares, par 100 French FOKUS BANK AS Ordinary shares, par 2 p francs Registered Shares, par 11 Norwegian THORN EMI PLC krone HONG KONG Ordinary shares, par 25 p HELIKOPTER SERVICES GROUP AS DAIRY FARM INTERNATIONAL Additions to the Foreign Margin List Ordinary Shares, par 11.50 Norwegian HOLDINGS LTD. krone Ordinary shares, HK$1.00 par AUSTRALIA NARVESEN AS HONG KONG LAND HOLDINGS, LTD. NATIONAL MUTUAL HOLDINGS, A Common Shares, par 5 Norwegian Ordinary Shares, $.10 par LTD. krone JARDINE MATHESON HOLDINGS Ordinary shares, par A$.50 NCL HOLDINGS AS LIMITED Free Shares, par 2.3 Norwegian krone DENMARK Ordinary shares, $0.25 par NERA AS JARDINE STRATEGIC HOLDINGS CHEMINOVA HOLDINGS A/S Ordinary Shares, par 10 Norwegian LIMITED B ordinary shares, par 100 Danish krone Ordinary shares, $.05 par krone NET COM AS MANDARIN ORIENTAL CODAN FORSIKRING A/S A Free Shares, par 50 Norwegian INTERNATIONAL LIMITED Ordinary shares, par 100 Danish krone Ordinary shares, $.05 par krone PHILIPPINES ITALY FALCK A/S Ordinary shares, par 100 Danish SAN MIGEUEL CORPORATION FIDIS FINANZIARIA DI SVILUPPO SPA krone Ordinary shares, par 1000 lira Class B Common Shares, par 10 MICRO MATIC HOLDINGS A/S Philippine pesos JAPAN Ordinary shares, par 100 Danish SINGAPORE NICHII CO., LTD. krone Y 50 par common OSTASIATISKE KOMPAGNI (EAST DAIRY FARM INTERNATIONAL ASIATIC CO., LTD.) HOLDINGS, LTD. MEXICO Ordinary shares, par 100 Danish Ordinary Shares, par $.05 GRUPO FINANCIERO BANCOMER S.A. krone HONG KONG LAND HOLDINGS, LTD. Series A, no par common OTICON HOLDING A/S Ordinary Shares, par $.10 Ordinary shares, par 20 Danish krone JARDINE MALLIESON HOLDINGS, NORWAY TRYG-BALTICA FORSKIRING A/S LTD. WILH. WILHELMSEN LIMITED AS Registered shares, par 20 Danish Ordinary Shares, par $.25 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations 3779

JARDINE STRATEGIC HOLDINGS, LTD. EFFECTIVE DATE: February 26, 1997. addition of any individual to the board Ordinary Shares, par $.05 FOR FURTHER INFORMATION CONTACT: of directors or the employment of any MANDARIN ORIENTAL William J. Magrini, Senior Project individual as senior executive officer, INTERNATIONAL, LTD. Manager, Supervision Policy, (202) 906– 12 CFR 574.9. Ordinary Shares, $.05 par 5744, or Karen Osterloh, Assistant Chief Most of these regulations currently SWEDEN Counsel, Regulations and Legislation refer to ‘‘CAMEL’’ ratings. Because the Division, (202) 906–6639, Regulations proposed changes to UFIRS would make ASSI DOMAN AB and Legislation Division, Chief these references obsolete, the OTS Free Shares, par 10 Swedish krona Counsel’s Office, Office of Thrift proposed revisions to its regulations on AVESTA SHEFFIELD AB Supervision, 1700 G Street, NW., July 23, 1996.1 The OTS proposed to Free Shares, par 10 Swedish krona Washington, DC 20552. SPARBANKEN SVERIGE AB revise its regulations to refer more (Swedbank) SUPPLEMENTARY INFORMATION: generally to the UFIRS as it may exist Series A, par 10 Swedish krona I. Background from time to time or to any comparable rating system that the OTS may adopt in STADSHYPOTEK AB The UFIRS is a supervisory rating lieu of UFIRS. A Free Shares, par 10 Swedish krona system used by the OTS and other SWITZERLAND agencies represented on the FFIEC to Two other minor changes were also evaluate the soundness of depository proposed. First, for the sake of NOVARTIS AG institutions on a uniform basis. The consistency and to prevent confusion, Bearer shares, par 20 Swiss francs agencies have implemented the UFIRS the OTS proposed to revise each NOVARTIS AG through CAMEL ratings. Under CAMEL, regulation that will cross reference Registered shares, par 20 Swiss francs the agencies have organized the relevant UFIRS to indicate that the OTS will use UNITED KINGDOM UFIRS factors into five major areas the most recent rating (as determined RANK GROUP PLC (Capital Adequacy, Asset Quality, either on-site or off-site by the most Ordinary shares, par 10 p Management, Earnings, and Liquidity). recent examination) of which the RENTOKIL INITIAL (UK) PLC In the July 18, 1996 issue of the Federal savings association has been notified in Ordinary shares, par 2 p Register, the FFIEC proposed to add a writing. Currently, some of the cited UNITED ASSURANCE GROUP PLC sixth component to the UFIRS system, regulations include this provision, Ordinary shares, par 5 p Sensitivity to Market Risk. Currently, while others do not. market risk is evaluated within other Additionally, the OTS proposed to By order of the Board of Governors of the rating areas. The FFIEC also proposed to clarify 12 CFR 562.4. Currently, that Federal Reserve System, acting by its Director reformat and clarify the rating of the Division of Banking Supervision and regulation requires, inter alia, all Regulation pursuant to delegated authority descriptions; to revise the rating system to emphasize risk management institutions receiving a rating of 3, 4 or (12 CFR 265.7(f)(10)), January 21, 1997. 5 to obtain an independent audit unless William W. Wiles, processes; and to make other changes. The FFIEC published a notice of the the Director ‘‘determines that an audit Secretary of the Board. final text of the UFIRS in the December would not address the safety and [FR Doc. 97–1862 Filed 1–24–97; 8:45 am] 19, 1996 issue of the Federal Register. soundness issues that caused the (low) BILLING CODE 6210±01±P Under OTS regulations, CAMEL examination rating.’’ The OTS proposed ratings are currently used: (1) To define to modify § 562.4 to better reflect when ‘‘troubled savings association’’ for OTS may waive the audit requirement. DEPARTMENT OF THE TREASURY purposes of OTS assessments, 12 CFR As proposed, a waiver may be granted 502.1; (2) to determine if a savings if an audit ‘‘would not provide further Office of Thrift Supervision association is eligible for expedited or information on safety and soundness standard treatment under the issues relevant to the examination 12 CFR Parts 502, 516, 562, 563, 565, application processing guidelines, 12 rating.’’ 574 CFR part 516; (3) to determine when an Summary of Comments and Description [No. 97±6] independent audit is required for safety and soundness purposes and to of the Final Rule RIN 1550±AA99 determine whether the Director may The OTS received one comment on Regulatory Citations to Uniform waive this independent audit the proposed rule changes. This Financial Institutions Rating System requirement, 12 CFR 562.4; (4) to commenter suggested that the OTS determine when the OTS may require a delay changing references to a rating AGENCY savings association and its subsidiaries : Office of Thrift Supervision, system until the FFIEC determines to provide notification before entering Treasury (OTS). whether the existing rating system into transactions with affiliates, 12 CFR ACTION: Final rule. should be modified and designates a 563.41; (5) to define ‘‘adequately new acronym. The commenter SUMMARY: In the December 19, 1996 capitalized’’ and ‘‘undercapitalized’’ issue of the Federal Register, the under the prompt corrective action supported all other clarifying changes to Federal Financial Institutions regulation, 12 CFR part 565; (6) to the OTS rules. Examination Council (FFIEC) published determine whether a savings association As noted above, FFIEC has finalized changes to the Uniform Financial should be reclassified based on its changes to the UFIRS system. In any Institutions Rating System (UFIRS). The supervisory criteria other than capital event, under the OTS proposal, the OTS is making conforming changes to for the purposes of the prompt regulations would refer generally to the OTS regulations that cross-reference the corrective action regulation, 12 CFR Part UFIRS as it may exist from time to time, UFIRS, confirming that these 565; and (7) to define a savings or to a comparable rating system that the regulations are intended to refer to the association in ‘‘troubled condition’’ UFIRS as it is revised from time to time. under rules requiring prior notice of the 1 61 FR 38114 (July 23, 1996). 3780 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations

OTS may adopt in lieu of UFIRS. The reduce confusion by updating the § 502.1 Asset-based assessments. proposed rule did not refer specifically terminology used in the OTS regulations * * * * * to the then-existing UFIRS system (i.e., to reflect the current rating system. (f) Definition. For purposes of this CAMEL) or to the proposed rating VII. Effective Date section only, a troubled savings system then under consideration by association shall be defined as a savings FFIEC (i.e., CAMELS). By referring to Section 302 of CDRIA delays the association with a composite rating of 4 UFIRS, rather than acronyms adopted effective date of regulations or 5, as defined in § 516.3(c) of this from time to time to describe UFIRS, the promulgated by the Federal banking chapter. A troubled savings institution proposed rule would obviate the need to agencies that impose additional also includes a savings association in make regulatory amendments if the reporting, disclosure, or new conservatorship so long as the FFIEC or the OTS proposes changes to requirements to the first day of the first association requires increased the rating system in the future. calendar quarter following publication supervision and examination by the The proposed rule is therefore of the final rule. OTS believes that Office. adopted without substantial CDRIA does not apply to this final rule * * * * * modifications. 2 Since the publication of because it imposes no new burden. The the proposed regulation, the OTS has revisions will merely reduce confusion PART 516ÐAPPLICATION removed former § 563.170(c)(10) as part by updating the terminology used in the PROCESSING GUIDELINES AND of its Lending and Investments OTS regulations to reflect the current PROCEDURES regulation, 3 eliminating the need for the rating system. proposed UFIRS change to that section. 3. The authority citation for part 516 List of Subjects continues to read as follows: III. Paperwork Reduction Act 12 CFR Part 502 Authority: 5 U.S.C. 552, 559; 12 U.S.C. Reporting and recordkeeping 1462a, 1463, 1464. Assessments, Federal Home Loan requirements in this final rule are Banks. 4. Section 516.3 is amended by currently found in 12 CFR 563.41(e) and revising paragraphs (a)(1)(i), (b)(1)(i), 574.9. These requirements are addressed 12 CFR Part 516 and (c) to read as follows: in the following OMB approved Administrative practice and § 516.3 Definitions. packages: Control Nos. 1550–0078 and procedure, Reporting and recordkeeping 1550–0047. The reporting burden under requirements, Savings associations. (a) * * * this package remains unchanged under (1) * * * the rule. 12 CFR Part 562 (i) The savings association has a IV. Executive Order 12866 Accounting, Reporting and composite rating of 1 or 2; recordkeeping requirements, Savings * * * * * The Director of the OTS has associations. (b) * * * (1) * * * determined that this final rule does not (i) The savings association has a constitute a ‘‘significant regulatory 12 CFR Part 563 composite rating of 3, 4 or 5; action’’ for the purposes of Executive Accounting, Advertising, Conflicts of Order 12866. * * * * * Interest, Corporate Opportunity, Crime, (c) Composite rating. Composite rating V. Unfunded Mandates Act of 1995 Currency, Investments, Reporting and means the composite numerical rating recordkeeping requirements, Savings The OTS has determined that the assigned to the savings association by associations, Securities, Surety bonds. requirements of this final rule will not the OTS under the Uniform Financial result in expenditures by state, local, or 12 CFR Part 565 Institutions Rating System 1 or an tribal governments or by the private equivalent rating under a comparable Administrative practice and sector of more than $100 million. rating system adopted by the OTS, and procedure, Capital, Savings Accordingly, a budgetary impact refers to the most recent rating (as associations. statement is not required under section determined either on-site or off-site by 202 of the Unfunded Mandates Act of 12 CFR Part 574 the most recent examination) of which 1995. the savings association has been notified Administrative practice and in writing. VI. Regulatory Flexibility Act Analysis procedure, Holding companies, Reporting and recordkeeping * * * * * Pursuant to section 605(b) of the requirements, Savings associations, Regulatory Flexibility Act, the OTS PART 562ÐREGULATORY Securities. certifies that this final rule will not have REPORTING STANDARDS a significant economic impact on a Authority and Issuance 5. The authority citation for part 562 substantial number of small entities. Accordingly, the Office of Thrift continues to read as follows: The OTS does not anticipate that the Supervision amends chapter V, title 12, application of the revised UFIRS rating Authority: 12 U.S.C. 1463. Code of Federal Regulations, as set forth system will result in a change in below. 6. Section 562.4 is amended by composite ratings assigned to depository revising paragraphs (b)(1) and (c)(2) to institutions. Today’s rule will merely PART 502ÐASSESSMENTS read as follows:

2 The OTS previously proposed a revision to the 1. The authority citation for part 502 § 562.4 Audit of savings associations and capital distributions regulation at 12 CFR 563.134 is revised to read as follows: savings association holding companies. that would define ‘‘troubled condition’’ by reference to the examination rating system. 59 FR Authority: 12 U.S.C. 1462a, 1463, 1467, * * * * * 62356 (December 5, 1994). When that regulation is 1467a. (b) * * * finalized, it will also include appropriate references to the revised UFIRS system. 2. Section 502.1 is amended by 1 Copies are available at the address specified in 3 61 FR 50951 (September 30, 1996). revising paragraph (f) to read as follows: § 516.1 of this part. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations 3781

(1) If a savings association has (iii)(A) * * * DEPARTMENT OF TRANSPORTATION received a composite rating of 3, 4 or 5, as defined at § 516.3(c) of this chapter; (B) Has a leverage ratio that is less Federal Aviation Administration or than 3.0 percent if the savings association is assigned a composite 14 CFR Part 39 * * * * * rating of 1, as defined in § 516.3(c) of [Docket No. 97±NM±01±AD; Amendment (c) * * * this chapter. 39±9895; AD 97±02±10] (2) The Director may waive the * * * * * RIN 2120±AA64 independent audit requirement described at paragraph (b)(1) of this (c) * * * Airworthiness Directives; McDonnell section, if the Director determines that Douglas Model DC±9, DC±9±80, and C± an audit would not provide further (2) Unsafe or unsound practice. The 9 (Military) Series Airplanes, Model information on safety and soundness OTS has determined, after notice and an MD±88 Airplanes, and Model MD±90 issues relevant to the examination opportunity for hearing pursuant to Airplanes rating. § 565.8(a) of this part, that the savings association received a less-than- AGENCY: Federal Aviation * * * * * satisfactory rating for any rating Administration, DOT. category (other than in a rating category ACTION: Final rule; request for PART 563ÐOPERATIONS specifically addressing capital comments. adequacy) under the Uniform Financial SUMMARY: This amendment adopts a 7. The authority citation for part 563 Institutions Rating System,1 or an continues to read as follows: new airworthiness directive (AD) that is equivalent rating under a comparable applicable to certain McDonnell Authority: 12 U.S.C. 375b, 1462, 1462a, rating system adopted by the OTS; and Douglas Model DC–9, DC–9–80, and C– 1463, 1464, 1467a, 1468, 1817, 1828, 3806. has not corrected the conditions that 9 (military) series airplanes, Model MD– 8. Section 563.41 is amended by served as the basis for the less than 88 airplanes, and Model MD–90 revising paragraph (e)(2)(ii)(A) to read as satisfactory rating. Ratings under this airplanes. This action requires a visual follows: paragraph (c)(2) refer to the most recent check to determine the part and serial ratings (as determined either on-site or numbers of the upper lock link § 563.41 Loans and other transactions off-site by the most recent examination) assembly of the nose landing gear with affiliates and subsidiaries. of which the savings association has (NLG); repetitive inspections of certain * * * * * been notified in writing. upper lock link assemblies to detect fatigue cracking; and modification of the (e) * * * PART 574ÐACQUISITION OF NLG. This action also provides for (2) * * * CONTROL OF SAVINGS terminating action for the repetitive ASSOCIATIONS (ii) * * * inspections. This amendment is prompted by a report indicating that, (A) Has a composite rating of 4 or 5, 11. The authority citation for part 574 due to fatigue cracking, the upper lock as defined in § 516.3(c) of this chapter; continues to read as follows: link assembly on an airplane fractured, * * * * * Authority: 12 U.S.C. 1467a, 1817, 1831i. and consequently prevented the NLG from extending fully. The actions 12. Section 574.9 is amended by specified in this AD are intended to PART 565ÐPROMPT CORRECTIVE revising paragraph (a)(5)(i)(A) to read as prevent this assembly from fracturing ACTION follows: due to fatigue cracking, and the NLG 9. The authority citation for part 565 consequently failing to extend fully; this continues to read as follows: § 574.9 Additions of directors and condition could result in injury to employment of senior executive officers of passengers and flight crew, and damage Authority: 12 U.S.C. 1831o. savings associations and savings and loan to the airplane. holding companies. 10. Section 565.4 is amended by DATES: Effective February 11, 1997. revising paragraphs (b)(2)(iii)(B), (a) * * * The incorporation by reference of (b)(3)(iii)(B), and (c)(2) to read as (5) * * * certain publications listed in the follows: regulations is approved by the Director (i) * * * § 565.4 Capital measures and capital of the Federal Register as of February category definitions. (A) Has a composite rating of 4 or 5, 11, 1997. as defined in § 516.3(c) of this chapter; Comments for inclusion in the Rules * * * * * * * * * * Docket must be received on or before (b) * * * Dated: January 15, 1997. March 28, 1997. (2) * * * By the Office of Thrift Supervision. ADDRESSES: Submit comments in Nicolas P. Retsinas, triplicate to the Federal Aviation (iii) * * * Administration (FAA), Transport Director. (B) A leverage ratio of 3.0 percent or Airplane Directorate, ANM–103, greater if the savings association is [FR Doc. 97–1811 Filed 1–24–97; 8:45 am] Attention: Rules Docket No. 97–NM– assigned a composite rating of 1, as BILLING CODE 6720±01±P 01–AD, 1601 Lind Avenue, SW., defined in § 516.3(c ) of this chapter; Renton, Washington 98055–4056. and The service information referenced in this AD may be obtained from * * * * * 1 Copies are available at the address specified in McDonnell Douglas Corporation, 3855 (3) * * * § 516.1 of this chapter. Lakewood Boulevard, Long Beach, 3782 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations

California 90846, Attention: Technical and McDonnell Douglas Alert Service NLG be replaced with a new or Publications Business Administration, Bulletin MD90–32A019 [for Model MD– serviceable pin assembly. The operator, Department C1–L51 (2–60). This 90 airplanes], both dated December 19, at its option, may install a replacement information may be examined at the 1996. Both alert service bulletins pin assembly that contains an exempt, FAA, Transport Airplane Directorate, describe procedures for conducting a rather than a possible discrepant, upper 1601 Lind Avenue, SW., Renton, visual check of the part number and lock link; this substitution terminates Washington; or at the FAA, Transport serial number on the upper lock link the requirement for repetitive Airplane Directorate, Los Angeles assembly of the NLG to identify whether inspections. Aircraft Certification Office, 3960 an assembly has been forged from The actions are required to be Paramount Boulevard, Lakewood, aluminum (an ‘‘exempt upper lock link accomplished in accordance with the California; or at the Office of the Federal assembly’’), or has been manufactured applicable alert service bulletin Register, 800 North Capitol Street, NW., from aluminum plate (a ‘‘possible described previously. suite 700, Washington, DC. discrepant upper lock link assembly’’). Interim Action FOR FURTHER INFORMATION CONTACT: No further action is necessary if an Brent Bandley, Aerospace Engineer, exempt upper lock link assembly is This is considered to be interim Airframe Branch, ANM–120L, FAA, Los installed. action. The manufacturer has advised Angeles Aircraft Certification Office, Both alert service documents also that it currently is developing a 3960 Paramount Boulevard, Lakewood, describe procedures for conducting modification that will positively address California 90712; telephone (310) 627– repetitive high frequency eddy current the unsafe condition addressed by this 5237; fax (310) 627–5210. inspections or Type I fluorescent AD. Once this modification is penetrant inspections to detect fatigue developed, approved, and available, the SUPPLEMENTARY INFORMATION: The FAA cracking in a possible discrepant upper has recently received a report indicating FAA may consider additional lock link assembly. When fatigue rulemaking. that the upper lock link assembly of the cracking is detected in this upper lock nose landing gear (NLG) on a link assembly or when the assembly’s Determination of Rule’s Effective Date McDonnell Douglas DC–9–80 series safe life (46,500 cycles of the NLG) has airplane failed prior to landing. As a Since a situation exists that requires been reached, the pin assembly of the the immediate adoption of this result of this failure, the airplane NLG is to be replaced with a new or sustained moderate damage to the regulation, it is found that notice and serviceable pin assembly. (The upper opportunity for prior public comment forward lower fuselage. lock link assembly is contained within hereon are impracticable, and that good An investigation by the operator the pin assembly.) If the pin assembly cause exists for making this amendment revealed that this assembly had is replaced with one that contains an effective in less than 30 days. fractured and jammed against the shock exempt upper lock link assembly, the strut, which prevented the NLG from need for subsequent repetitive Comments Invited extending fully. This fracture was inspections and replacement of parts is Although this action is in the form of caused by fatigue cracking that eliminated. originated at the lower end of the a final rule that involves requirements assembly where the flange and inner Explanation of the Requirements of the affecting flight safety and, thus, was not radius meet. The operator also detected Rule preceded by notice and an opportunity similar fatigue cracking in two other Since an unsafe condition has been for public comment, comments are upper lock link assemblies during an identified that is likely to exist or invited on this rule. Interested persons inspection of other airplanes in its fleet. develop on other McDonnell Douglas are invited to comment on this rule by An upper lock link assembly can be Model DC–9, DC–9–80, and C–9 submitting such written data, views, or either manufactured from aluminum (military) series airplanes, Model MD– arguments as they may desire. plate or forged from aluminum. The 88 airplanes, and Model MD–90 Communications shall identify the three cracked assemblies that were airplanes, of the same type design, this Rules Docket number and be submitted detected were aluminum plate, a AD is being issued to prevent fracturing in triplicate to the address specified material which has a much shorter of the upper lock link assembly due to under the caption ADDRESSES. All fatigue life than forged aluminum. In fatigue cracking, and the consequent communications received on or before addition to Model DC–9–80 series failure of the NLG to extend fully, the closing date for comments will be airplanes, assemblies of aluminum plate which could lead to injury to passengers considered, and this rule may be may be installed on Model DC–9 and C– and flight crew, and damage to the amended in light of the comments 9 (military) series airplanes, Model MD– airplane. received. Factual information that 88 airplanes, and Model MD–90 This AD requires a visual check of the supports the commenter’s ideas and airplanes. part number and serial number on the suggestions is extremely helpful in Fracturing of the upper lock link upper lock link assembly to identify evaluating the effectiveness of the AD assembly due to fatigue cracking, if not whether this assembly is a possible action and determining whether corrected, can result in the failure of the discrepant assembly or an exempt additional rulemaking action would be NLG to extend fully, which could lead assembly. (No further action is required needed. to injury to passengers and flight crew, if an upper lock link assembly is an Comments are specifically invited on and damage to the airplane. exempt assembly.) the overall regulatory, economic, This AD also requires repetitive high environmental, and energy aspects of Explanation of Relevant Service frequency eddy current inspections or the rule that might suggest a need to Information Type I fluorescent penetrant inspections modify the rule. All comments The FAA has reviewed and approved of any possible discrepant upper lock submitted will be available, both before McDonnell Douglas Alert Service link assembly to detect fatigue cracking. and after the closing date for comments, Bulletin DC9–32A298 [for Model DC–9, When fatigue cracking is detected in the in the Rules Docket for examination by DC–9–80, and C–9 (military) series upper lock link assembly, this AD interested persons. A report that airplanes, and Model MD–88 airplanes], requires that the pin assembly of the summarizes each FAA-public contact Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations 3783 concerned with the substance of this AD § 39.13 [Amended] HMI172 inclusive, or S/N WPI1000 and will be filed in the Rules Docket. 2. Section 39.13 is amended by subsequent. (c) If the part number and serial number of Commenters wishing the FAA to adding the following new airworthiness directive: the upper lock link assembly are not listed acknowledge receipt of their comments in paragraph (b)(1) or (b)(2) of this AD ( a submitted in response to this rule must 97–02–10 McDonnell Douglas: Amendment ‘‘possible discrepant upper lock link submit a self-addressed, stamped 39–9895. Docket 97–NM–01–AD. assembly’’), except as provided by paragraph postcard on which the following Applicability: Model DC–9, DC–9–80, and (c)(3) of this AD, prior to further flight, C–9 (military) series airplanes, Model MD–88 conduct either a high frequency eddy current statement is made: ‘‘Comments to airplanes, and Model MD–90 airplanes; as inspection or a Type I fluorescent penetrant Docket Number 97–NM–01–AD.’’ The listed in McDonnell Douglas Alert Service inspection of this assembly to detect fatigue postcard will be date stamped and Bulletins DC9–32A298 [for Model DC–9, DC– cracks, in accordance with McDonnell returned to the commenter. 9–80, and C–9 (military) series airplanes, and Douglas Alert Service Bulletin DC9–32A298 Model MD–88 airplanes], and McDonnell [for Model DC–9, DC–9–80, and C–9 Regulatory Impact Douglas Alert Service Bulletin MD90– (military) series airplanes, and Model MD–88 32A019 [for Model MD–90 airplanes], both airplanes], or McDonnell Douglas Alert The regulations adopted herein will dated December 19, 1996; certificated in any Service Bulletin MD90–32A019 [for Model not have substantial direct effects on the category. MD–90 airplanes], both dated December 19, States, on the relationship between the Note 1: This AD applies to each airplane 1996. national government and the States, or identified in the preceding applicability Note 3: A ‘‘possible discrepant upper lock on the distribution of power and provision, regardless of whether it has been link assembly’’ as specified in paragraph (c) responsibilities among the various otherwise modified, altered, or repaired in of this AD is an assembly that may be levels of government. Therefore, in the area subject to the requirements of this manufactured from aluminum plate. accordance with Executive Order 12612, AD. For airplanes that have been modified, (1) If no crack is detected, repeat either altered, or repaired so that the performance type of inspection required by paragraph (c) it is determined that this final rule does of the requirements of this AD is affected, the of this AD at intervals not to exceed 5,000 not have sufficient federalism owner/operator must request approval for an cycles of the NLG. implications to warrant the preparation alternative method of compliance in (2) If any crack is detected, prior to further of a Federalism Assessment. accordance with paragraph (e) of this AD. flight, replace the pin assembly of the NLG The request should include an assessment of in accordance with the applicable alert The FAA has determined that this the effect of the modification, alteration, or service bulletin. regulation is an emergency regulation repair on the unsafe condition addressed by (3) A Type I fluorescent penetrant that must be issued immediately to this AD; and, if the unsafe condition has not inspection of the upper lock link assembly correct an unsafe condition in aircraft, been eliminated, the request should include that has been conducted within the last 12 and that it is not a ‘‘significant specific proposed actions to address it. months prior to the effective date of this AD regulatory action’’ under Executive Compliance: Required as indicated, unless and in accordance with the DC–9 Overhaul Order 12866. It has been determined accomplished previously. Manual or MD–90 Component Manual, To prevent fracturing of the upper lock link Chapter 20–70–2, is considered acceptable further that this action involves an for compliance with the initial inspection emergency regulation under DOT assembly of the nose landing gear (NLG) due to fatigue cracking, and the consequent required by paragraph (c) of this AD. If no Regulatory Policies and Procedures (44 failure of the NLG to extend fully, which crack was detected during that inspection, FR 11034, February 26, 1979). If it is could lead to injury to passengers and flight subsequent repetitive inspections are determined that this emergency crew, and damage to the airplane, required to be accomplished at the intervals regulation otherwise would be accomplish the following: specified in paragraph (c)(1) of this AD. (d) When replacement of the pin assembly significant under DOT Regulatory (a) Prior to the accumulation of 10,000 total cycles of the NLG, or within 90 days after the of the NLG is required in accordance with Policies and Procedures, a final paragraph (c)(1) or (c)(2) of this AD: regulatory evaluation will be prepared effective date of this AD, whichever occurs later, conduct a visual check of the upper (1) If the pin assembly is replaced with a and placed in the Rules Docket. A copy lock link assembly of the NLG to determine new assembly that contains a possible of it, if filed, may be obtained from the its part and serial number, in accordance discrepant upper lock assembly: After the pin assembly has been replaced, repeat the Rules Docket at the location provided with McDonnell Douglas Alert Service inspection required by paragraph (c) of this under the caption ADDRESSES. Bulletin DC9–32A298 [for Model DC–9, DC– AD prior to the accumulation of 10,000 9–80, and C–9 (military) series airplanes, and cycles of the NLG. List of Subjects in 14 CFR Part 39 Model MD–88 airplanes], or McDonnell (2) If the pin assembly is replaced with a Douglas Alert Service Bulletin MD90– serviceable assembly that contains a possible Air transportation, Aircraft, Aviation 32A019 [for Model MD–90 airplanes], both discrepant upper lock assembly: After the pin safety, Incorporation by reference, dated December 19, 1996, as applicable. assembly has been replaced, repeat the (b) If the part number and serial number of Safety. inspection required by paragraph (c) of this the upper lock link assembly are listed in Adoption of the Amendment AD either prior to the accumulation of 10,000 paragraph (b)(1) or (b)(2) of this AD (‘‘an total cycles of the NLG for that pin assembly, exempt upper lock link assembly’’), no Accordingly, pursuant to the or prior to further flight, whichever occurs further action is required. later. authority delegated to me by the Note 2: An ‘‘exempt upper lock link Administrator, the Federal Aviation (3) If the pin assembly is replaced with a assembly’’ as specified in paragraph (b) of pin assembly that contains an exempt upper Administration amends part 39 of the this AD is an assembly that is manufactured lock link assembly: No further action is Federal Aviation Regulations (14 CFR of forged aluminum. required. This installation constitutes part 39) as follows: (1) For Model DC–9, DC–9–80, and C–9 terminating action for the repetitive (military) series airplanes, and Model MD–88 inspections required by this AD. PART 39ÐAIRWORTHINESS airplanes: Part Number (P/N) 3914464-(any (e) An alternative method of compliance or DIRECTIVES configuration) having serial numbers (S/N) adjustment of the compliance time that HMI001 through HMI172 inclusive, or S/N provides an acceptable level of safety may be 1. The authority citation for part 39 WPI1000 and subsequent; or P/N 5920472- used if approved by the Manager, Los continues to read as follows: (any configuration) having any serial number. Angeles Aircraft Certification Office (ACO), (2) For Model MD–90 airplanes: P/N FAA, Transport Airplane Directorate. Authority: 49 U.S.C. 106(g), 40113, 44701. 3914464–503 having S/N HMI001 through Operators shall submit their requests through 3784 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations an appropriate FAA Principal Maintenance of certain brackets with new brackets, consideration has been given to the Inspector, who may add comments and then which terminates the requirement for single comment received. send it to the Manager, Los Angeles ACO. the inspections. This amendment is Request to Delete Inspection Note 4: Information concerning the prompted by reports of cracks in certain Requirement existence of approved alternative methods of wing rib-to-skin support brackets in compliance with this AD, if any, may be both the lower and upper skin of the The only commenter, a U.S. operator, obtained from the Los Angeles ACO. wings. The actions specified by this AD requests that the proposal be revised to (f) Special flight permits may be issued in accordance with sections 21.197 and 21.199 are intended to prevent cracking of delete the requirement to conduct of the Federal Aviation Regulations (14 CFR those support brackets, which can repetitive inspections of the brackets. 21.197 and 21.199) to operate the airplane to subsequently lead to the loosening of This commenter states that the subject a location where the requirements of this AD the rivets in the wing skin, leakage of area already is inspected by its flight can be accomplished. fuel through the rivet holes, and, crews on preflight inspections, and by (g) The visual check, repetitive inspections, ultimately, the reduction of the its mechanics on daily inspections and and replacement of the pin assembly of the structural integrity of the wing. line checks. The commenter considers NLG shall be done in accordance with DATES: Effective March 3, 1997. that the need for the inspection McDonnell Douglas Alert Service Bulletin requirement, and the extra paperwork DC9–32A298, dated December 19, 1996; or The incorporation by reference of McDonnell Douglas Alert Service Bulletin certain publications listed in the that would be involved, cannot be MD90–32A019, dated December 19, 1996; as regulations is approved by the Director justified by any data. This commenter, applicable. This incorporation by reference of the Federal Register as of March 3, who operates 63 of the affected was approved by the Director of the Federal 1997. airplanes, indicates that it has analyzed Register in accordance with 5 U.S.C. 552(a) the last 12 months of data on fuel leaks and 1 CFR part 51. Copies may be obtained ADDRESSES: The service information in its fleet; the data indicate that there from McDonnell Douglas Corporation, 3855 referenced in this AD may be obtained have been 43 fuel leaks associated with Lakewood Boulevard, Long Beach, California from Empresa Brasileira de Aeronautica, leaking rivets, but there were no broken 90846, Attention: Technical Publications S.A. (EMBRAER), Sao Jose dos or cracked brackets found. Business Administration, Department C1– Campos—SP, Brazil. This information The FAA does not concur with the L51 (2–60). Copies may be inspected at the may be examined at the Federal FAA, Transport Airplane Directorate, 1601 commenter’s request. While this Aviation Administration (FAA), Lind Avenue, SW., Renton, Washington; or at commenter specifically may not have Transport Airplane Directorate, Rules the FAA, Transport Airplane Directorate, Los found cracked brackets, there have been Docket, 1601 Lind Avenue, SW., Angeles Aircraft Certification Office, 3960 several cases reported by other operators Renton, Washington; or at the FAA, Paramount Boulevard, Lakewood, California; in which fuel leaks caused by broken or or at the Office of the Federal Register, 800 Atlanta Aircraft Certification Office, cracked brackets were discovered on in- North Capitol Street, NW., suite 700, Small Airplane Directorate, Campus service airplanes. The FAA finds that Washington, DC. Building, 1701 Columbia Avenue, Suite the proposed inspection requirement (h) This amendment becomes effective on 2–160, College Park, Georgia; or at the will be effective in finding and February 11, 1997. Office of the Federal Register, 800 North addressing fuel leakage, and any Issued in Renton, Washington, on January Capitol Street, NW., suite 700, associated cracking of a support bracket, 14, 1997. Washington, DC. S. R. Miller, well before more serious problems FOR FURTHER INFORMATION CONTACT: Acting Manager, Transport Airplane associated with these conditions could Directorate, Aircraft Certification Service. Curtis Jackson, Aerospace Engineer, occur. The FAA also points out that Airframe and Propulsion Branch, ACE– [FR Doc. 97–1438 Filed 1–24–97; 8:45 am] operators may discontinue the 117A, FAA, Atlanta Aircraft inspections once the newly designed BILLING CODE 4910±13±P Certification Office, Small Airplane brackets are installed and follow-on Directorate, Campus Building, 1701 actions are accomplished. 14 CFR Part 39 Columbia Avenue, Suite 2–160, College Park, Georgia 30337–2748; telephone Request to Clarify ‘‘New’’ and ‘‘Old’’ [Docket No. 95±NM±192±AD; Amendment (404) 305–7358; fax (404) 305–7348. Bracket Design 39±9906; AD 97±02±21] SUPPLEMENTARY INFORMATION: A This same commenter requests RIN 2120±AA64 proposal to amend part 39 of the Federal clarification regarding the types of Aviation Regulations (14 CFR part 39) to replacement brackets that are required Airworthiness Directives; Empresa include an airworthiness directive (AD) to be installed. Specifically, the Brasileira de Aeronautica, S.A. that is applicable to certain EMBRAER commenter questions whether it would (EMBRAER) Model EMB±120 Series Model EMB–120 series airplanes was be acceptable to install ‘‘old style’’ Airplanes published in the Federal Register on brackets as replacement parts in cases AGENCY: Federal Aviation April 24, 1996 (61 FR 17853). That where no ‘‘new style’’ brackets are Administration, DOT. action proposed to require repetitive available. inspections to detect cracks in the wing ACTION: Final rule. The FAA concurs that clarification is rib-to-skin support brackets (shear necessary. If cracking is found in the SUMMARY: This amendment adopts a clips), and replacement of cracked brackets at ribs 15, 16, or 18, and the new airworthiness directive (AD), brackets with new or serviceable extent of the cracking necessitates applicable to certain EMBRAER Model brackets. That action also proposed to replacement, operators may install EMB–120 series airplanes, that requires require the eventual replacement of either another new or serviceable ‘‘old repetitive inspections to detect cracks in certain brackets with new brackets, style’’ bracket having the same part the wing rib-to-skin support brackets which would terminate the requirement number; or a ‘‘new style’’ bracket, (shear clips), and replacement of for the inspections. having a part number that is specified cracked brackets with new or Interested persons have been afforded in paragraph 3.1. of EMBRAER Service serviceable brackets. This amendment an opportunity to participate in the Bulletin 120–57–0031. However, also requires the eventual replacement making of this amendment. Due terminating action consists of replacing Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations 3785 those brackets at ribs 15, 16, and 18 on the distribution of power and been eliminated, the request should include with only the ‘‘new style’’ brackets. responsibilities among the various specific proposed actions to address it. On the other hand, if cracking is levels of government. Therefore, in Compliance: Required as indicated, unless found in brackets at other rib locations accordance with Executive Order 12612, accomplished previously. (namely, ribs 19, 20, 21, and 22), only it is determined that this final rule does To prevent reduced wing structural the ‘‘old style’’ brackets (same part integrity and fuel leakage of the wing due to not have sufficient federalism cracking of wing rib-to-skin support brackets, number) are required to be installed as implications to warrant the preparation accomplish the following: replacement parts at those locations. of a Federalism Assessment. Note 2: The term ‘‘fuel leakage’’ and The final rule has been revised to For the reasons discussed above, I ‘‘stain,’’ as used throughout this AD, are used clarify these points. certify that this action (1) is not a as they are defined and classified in Chapter ‘‘significant regulatory action’’ under Revision of Format of Final Rule 28, Fuel, of the Airplane Maintenance Executive Order 12866; (2) is not a Manual (AMM). The format of the final rule has been ‘‘significant rule’’ under DOT (a) Within 10 days after the effective date revised somewhat to follow more Regulatory Policies and Procedures (44 of this AD: Perform a visual inspection of the closely the format of procedures as they FR 11034, February 26, 1979); and (3) wing skin along rib lines 15 and 16 to detect are presented in the referenced will not have a significant economic any fuel leakage other than a stain. EMBRAER Service Bulletin 120–57– impact, positive or negative, on a Thereafter, repeat this inspection every 50 0031, dated July 6, 1995. The FAA substantial number of small entities flight hours until the requirements of considers that this reformatting will paragraph (d) of this AD are accomplished. under the criteria of the Regulatory (b) As a result of the inspection required help to clarify the required procedures Flexibility Act. A final evaluation has by paragraph (a) of this AD, accomplish for affected operators. been prepared for this action and it is either paragraph (b)(1) or (b)(2), as Conclusion contained in the Rules Docket. A copy applicable: of it may be obtained from the Rules (1) If fuel leakage is detected during any After careful review of the available Docket at the location provided under inspection required by paragraph (a) of this data, including the comments noted the caption ADDRESSES. AD: Within 50 flights after detection of fuel above, the FAA has determined that air leakage, perform an internal visual safety and the public interest require the List of Subjects in 14 CFR Part 39 inspection to detect cracking of the wing rib- adoption of the rule with the changes Air transportation, Aircraft, Aviation to-skin support brackets (shear clips) that previously described. The FAA has connect the lower and upper wing skins to safety, Incorporation by reference, ribs 15 and 16, in accordance with the determined that these changes will Safety. Accomplishment Instructions, PART I, of neither increase the economic burden Adoption of the Amendment EMBRAER Service Bulletin 120–57–0031, on any operator nor increase the scope dated July 6, 1995. of the AD. Accordingly, pursuant to the (2) If no fuel leakage is detected during any authority delegated to me by the inspection required by paragraph (a) of this Cost Impact Administrator, the Federal Aviation AD: At the applicable time specified in The FAA estimates that 169 airplanes Administration amends part 39 of the paragraph (b)(2)(i) through (b)(2)(iv) of this of U.S. registry will be affected by this Federal Aviation Regulations (14 CFR AD, perform an internal visual inspection to AD. detect cracking of the wing rib-to-skin part 39) as follows: support brackets (shear clips) that connect It will take approximately 6 work PART 39ÐAIRWORTHINESS the lower and upper wing skins to ribs 15 hours per airplane to accomplish the and 16, in accordance with the required visual inspection for cracking, DIRECTIVES Accomplishment Instructions, PART I, of at an average labor rate of $60 per work 1. The authority citation for part 39 EMBRAER Service Bulletin 120–57–0031, hour. Based on these figures, the cost continues to read as follows: dated July 6, 1995. impact of the inspection action on U.S. (i) For airplanes that have accumulated less operators is estimated to be $60,840, or Authority: 49 U.S.C. 106(g), 40113, 44701. than 4,000 total flight cycles as of the effective date of this AD: Inspect prior to the $360 per airplane, per inspection cycle. § 39.13 [Amended] It will take approximately 56 work accumulation of 5,200 total flight cycles, or 2. Section 39.13 is amended by within 1,200 flight cycles after the effective hours to accomplish the required adding the following new airworthiness date of this AD, whichever occurs later. replacement of support brackets, at an directive: (ii) For airplanes that have accumulated average labor rate of $60 per work hour. 4,000 or more total flight cycles, but less than Required parts will cost approximately 97–02–21 Embraer: Amendment 39–9906. 8,000 total flight cycles as of the effective $1,000 per airplane. Based on these Docket 95–NM–192–AD. date of this AD: Inspect within 1,200 flight figures, the cost impact of the Applicability: Model EMB–120 airplanes, cycles after the effective date of this AD. serial numbers 120001, 120003, 120004, and (iii) For airplanes that have accumulated replacement action on U.S. operators is 120006 through 120304 inclusive; estimated to be $736,840, or $4,360 per 8,000 or more total flight cycles, but less than certificated in any category. 12,000 total flight cycles as of the effective airplane. Note 1: This AD applies to each airplane date of this AD: Inspect within 800 flight The cost impact figures discussed identified in the preceding applicability cycles after the effective date of this AD. above are based on assumptions that no provision, regardless of whether it has been (iv) For airplanes that have accumulated operator has yet accomplished any of otherwise modified, altered, or repaired in 12,000 or more total flight cycles as of the the requirements of this AD action, and the area subject to the requirements of this effective date of this AD: Inspect within 400 that no operator would accomplish AD. For airplanes that have been modified, flight cycles after the effective date of this those actions in the future if this AD altered, or repaired so that the performance AD. were not adopted. of the requirements of this AD is affected, the (c) As a result of the internal visual owner/operator must request approval for an inspection to detect cracking of the wing rib- Regulatory Impact alternative method of compliance in to-skin support brackets (shear clips) that accordance with paragraph (e) of this AD. connect the lower and upper wing skins to The regulations adopted herein will The request should include an assessment of ribs 15 and 16, as required by paragraph (b) not have substantial direct effects on the the effect of the modification, alteration, or of this AD, accomplish the actions specified States, on the relationship between the repair on the unsafe condition addressed by in paragraph (c)(1), (c)(2), or (c)(3), as national government and the States, or this AD; and, if the unsafe condition has not applicable: 3786 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations

(1) If no cracking is detected: Repeat that may add comments and then send it to the Administration, Docket Number 96– internal visual inspection thereafter at Manager, Atlanta ACO. ACE–25, 601 East 12th St., Kansas City, intervals not to exceed 1,200 flight cycles Note 3: Information concerning the MO 64106. until the requirements of paragraph (d) of existence of approved alternative methods of The official docket may be examined this AD are accomplished. compliance with this AD, if any, may be (2) If any cracking is detected in only one in the Office of the Assistant Chief obtained from the Atlanta ACO. Counsel for the Central Region at the wing skin support bracket, and that cracking (f) Special flight permits may be issued in is more than half the length of the bracket; accordance with sections 21.197 and 21.199 same address between 9:00 a.m. and and if any cracking also is detected in up to of the Federal Aviation Regulations (14 CFR 3:00 p.m., Monday through Friday, two additional wing skin support brackets 21.197 and 21.199) to operate the airplane to except federal holidays. and that cracking is less than half the length a location where the requirements of this AD An informal docket may also be of the bracket: Repeat that internal visual can be accomplished. examined during normal business hours inspection thereafter at intervals not to (g) The actions shall be done in accordance in the Air Traffic Division at the same exceed 400 flight cycles, until the with EMBRAER Service Bulletin 120–57– address listed above. requirements of paragraph (d) of this AD are 0031, dated July 6, 1995. This incorporation FOR FURTHER INFORMATION CONTACT: accomplished. by reference was approved by the Director of (3) If any cracking is detected other than the Federal Register in accordance with 5 Kathy Randolph, Air Traffic Division, that specified in paragraph (c)(2) of this AD: U.S.C. 552(a) and 1 CFR part 51. Copies may Operations Branch, ACE–530C, Federal Prior to further flight, replace any support be obtained from Empresa Brasileira de Aviation Administration, 601 East 12th bracket that is cracked beyond the limits Aeronautica, S.A. (EMBRAER), Sao Jose dos Street, Kansas City, Missouri 64106: specified in paragraph (c)(2) of this AD either Campos—SP, Brazil. Copies may be telephone: (816) 426–3408. with a new or serviceable bracket having the inspected at the FAA, Transport Airplane same part number, or with a new style SUPPLEMENTARY INFORMATION: The FAA Directorate, 1601 Lind Avenue, SW., Renton, bracket having a part number specified in has developed Standard Instrument Washington; or at the FAA, Atlanta Aircraft paragraph 3.1. of EMBRAER Service Bulletin Certification Office, Small Airplane Approach Procedures (SIAP) utilizing 120–57–0031, dated July 6, 1995. Directorate, Campus Building, 1701 the Non-directional Radio Beacon (NDB) Following replacement and prior to further Columbia Avenue, Suite 2–160, College Park, at Sioux Gateway Airport, Sioux City, flight, perform an additional internal visual Georgia; or at the Office of the Federal IA. The amendment to Class E airspace inspection to detect cracking of the support Register, 800 North Capitol Street, NW., suite at Sioux City, IA, will provide brackets that connect the wing skins to ribs 700, Washington, DC. 18, 19, 20, 21, and 22 in accordance with the additional controlled airspace to (h) This amendment becomes effective on EMBRAER service bulletin. segregate aircraft operating under Visual March 3, 1997. (i) If no cracking is found in the support Flight Rules (VFR) from aircraft brackets that connect the wing skins at ribs Issued in Renton, Washington, on January operating under Instrument Flight Rules 18, 19, 20, 21, or 22: Repeat that internal 17, 1997. (IFR) procedures while arriving or visual inspection thereafter at intervals not to S. R. Miller, departing the airport. The area will be exceed 1,200 flight cycles until the Acting Manager, Transport Airplane depicted on appropriate aeronautical requirements of paragraph (d) of this AD are Directorate, Aircraft Certification Service. charts thereby enabling pilots to either accomplished. [FR Doc. 97–1826 Filed 1–24–97; 8:45 am] circumnavigate the area, continue to (ii) If any cracking is found in the support brackets that connect the wing skins at ribs BILLING CODE 4910±13±U operate under VFR to and from the 18, 19, 20, 21, or 22: Prior to further flight, airport, or otherwise comply with IFR replace the cracked bracket with a new or procedures. Class E airspace areas serviceable bracket having the same part 14 CFR Part 71 extending from 700 feet or more above number; rib 18 may also be replaced with a [Docket No. 96±ACE±25] the surface of the earth are published in ‘‘new style’’ bracket having a part number paragraph 6005 of FAA Order 7400.9D, specified in paragraph 3.1. of the EMBRAER Amendment to Class E Airspace, Sioux dated September 4, 1996, and effective service bulletin. City, IA September 16, 1996, which is (d) Within 2 years after the effective date incorporated by reference in 14 CFR of this AD: Replace all wing rib-to-skin AGENCY: Federal Aviation 71.1. The Class E airspace designation support brackets of ribs 15, 16, and 18 with Administration (FAA), DOT. ‘‘new style’’ brackets having a part number listed in this document will be specified in paragraph 3.1. of EMBRAER ACTION: Direct final rule; request for published subsequently in the Order. comments. Service Bulletin 120–57–0031, dated July 6, The Direct Final Rule Procedure 1995. Replacement procedures shall be accomplished in accordance with the SUMMARY: This action amends the Class The FAA anticipates that this Accomplishment Instructions, PART II, of E airspace area at Sioux Gateway regulation will not result in adverse or that service bulletin. Prior to further flight Airport, Sioux City, IA. The Federal negative comment and, therefore, is following that replacement, perform a visual Aviation Administration has developed issuing it as a direct final rule. Previous inspection to detect cracking of the wing skin a Standard Instrument Approach actions of this nature have not been support brackets of ribs 19, 20, 21, and 22. Procedure (SIAP) based on the Non- controversial and have not resulted in If any cracking is found, prior to further directional Radio Beacon (NDB) which flight, replace the cracked bracket with a new adverse comments or objections. The has made this change necessary. The amendment will enhance safety for all or serviceable bracket having the same part effect of this rule is to provide number, in accordance with the EMBRAER flight operations by designating an area service bulletin. Accomplishment of these additional controlled airspace for where VFR pilots may anticipate the actions constitutes terminating action for the aircraft arriving and departing the Sioux presence of IFR aircraft at lower requirements of this AD. Gateway Airport. altitudes, especially during inclement (e) An alternative method of compliance or DATES: Effective date: May 22, 1997. weather conditions. A greater degree of adjustment of the compliance time that Comment date: Comments must be safety is achieved by depicting the area provides an acceptable level of safety may be received on or before March 10, 1997. used if approved by the Manager, Atlanta on aeronautical charts. Unless a written Aircraft Certification Office (ACO), FAA, ADDRESSES: Send comments regarding adverse or negative comment, or a Small Airplane Directorate. Operators shall the rule in triplicate to: Manager, written notice of intent to submit an submit their requests through an appropriate Operations Branch, Air Traffic Division, adverse or negative comment is received FAA Principal Maintenance Inspector, who ACE–530, Federal Aviation within the comment period, the Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations 3787 regulation will become effective on the levels of government. Therefore, in bearing from the Gateway NDB extending date specified above. After the close of accordance with Executive Order 12612, from the 4.3-mile radius of the Sioux the comment period, the FAA will it is determined that this final rule does Gateway Airport to 7 miles south of the NDB. publish a document in the Federal not have sufficient federalism This Class E airspace area is effective during Register indicating that no adverse or the specific dates and times established in implications to warrant the preparation advance by a Notice to Airmen. The effective negative comments were received and of a Federalism Assessment. date and time will thereafter be continuously confirming the date on which the final The FAA has determined that this published in the Airport/Facility Directory. rule will become effective. If the FAA regulation is noncontroversial and * * * * * * does receive, within the comment unlikely to result in adverse or negative period, an adverse or negative comment, comments. For the reason discussed in ACE NE E5 Sioux City, IA. [Revised] or written notice of intent to submit the preamble, I certify that is regulation Sioux City, Sioux Gateway Airport, IA such a comment, a document (1) is not a ‘‘significant regulatory (Lat. 42°24′10′′ N., long. 96°23′04′′ W.) withdrawing the direct final rule will be action’’ under Executive Order 12866; Sioux City VORTAC published in the Federal Register, and (2) is not a ‘‘significant rule’’ under (Lat. 42°20′40′′ N., long. 96°19′25′′ W.) a notice of proposed rulemaking may be Gateway NDB Department of Transportation (DOT) ° ′ ′′ ° ′ ′′ published with a new comment period. Regulatory Policies and Procedures (44 (Lat. 42 24 29 N., long. 96 23 09 W.) That airspace extending upward from 700 Comments Invited FR 11034, February 26, 1979); and (3) if promulgated, will not have a significant feet above the surface within a 7-mile radius Although this action is in the form of of the Sioux Gateway Airport and within 3 economic impact, positive or negative, miles each side of the 139° radial of the a final rule and was not preceded by a on a substantial number of small entities notice of proposed rulemaking, Sioux City VORTAC extending from the 7- under the criteria of the Regulatory mile radius to 17.8 miles southeast of the comments are invited on this rule. Flexibility Act. A copy of it may be VORTAC and within 3 miles each side of the Interested persons are invited to obtained by contacting the Rules Docket 319° radial of the Sioux City VORTAC comment on this rule by submitting at the location provided under the extending from the 6.8-mile radius to 25.3 such written data, views, or arguments caption ADDRESSES. miles northwest of the VORTAC and 2 miles as they may desire. Communications each side of the 360° bearing from the Sioux should identify the Rules Docket List of Subjects in 14 CFR Part 71 Gateway Airport extending from the 7-mile number and be submitted in triplicate to Airspace, Incorporation by reference, radius to 9.2 mile north of the airport. the address specified under the caption Navigation (air). * * * * * ADDRESSES. All communications Issued in Kansas City, MO, on December received on or before the closing date Adoption of the Amendment 27, 1996. for comments will be considered, and Accordingly, the Federal Aviation Bryan H. Burleson, this rule may be amended or withdrawn Administration amends part 71 of the Acting Manager, Air Traffic Division Central in light of the comments received. Federal Aviation Regulations (14 CFR Region. Factual information that supports the part 71) as follows: [FR Doc. 97–1918 Filed 1–24–97; 8:45 am] commenter’s ideas and suggestions is BILLING CODE 4910±13±M extremely helpful in evaluating the PART 71ÐAMENDED effectiveness of this action and 1. Authority citation for part 71 determining whether additional continues to read as follows: 14 CFR Part 71 rulemaking action would be needed. Comments are specifically invited on Authority: 49 U.S.C. 106(g); 40103, 40113, [Airspace Docket No. 96±AGL±15] the overall regulatory, economic, 40120; E.O. 10854, 24 FR 9565, 3 CFR 1959– 1963 Comp., p. 389; 14 CFR 11.69. environmental, and energy aspects of Modification of Class E Airspace; the rule that might suggest a need to § 71.1 [Amended] Toledo, OH modify the rule. All comments 2. The incorporation by reference in AGENCY: Federal Aviation submitted will be available, both before 14 CFR 71.1 of Federal Aviation Administration (FAA), DOT. and after the closing date for comments Administration Order 7400.9D, Airspace ACTION: Final rule. in the Rules Docket for examination by Designations and Reporting Points, interest persons. A report that dated September 4, 1996, and effective SUMMARY: This action modifies Class E5 summarizes each FAA-public contact September 16, 1996, is amended as airspace at Bowling Green, Wood concerned with the substance of this follows: County Airport, Toledo, OH, to action will be filed in the Rules Docket. accommodate diverse departure traffic Commenters wishing the FAA to Paragraph 6005 Class E airspace areas from Wood County Airport. Controlled acknowledge receipt of their comments extending upward from 700 feet or more airspace extending upward from 700 to above the surface of the earth submitted in response to this rule must 1200 feet above ground level (AGL) is submit a self-addressed, stamped * * * * * needed to contain aircraft executing the postcard on which the following ACE IA E4 Sioux City, IA [Revised] approach. The intended effect of this statement is made: ‘‘Comments to Sioux City, Sioux Gateway Airport, IA action is to provide segregation of Docket No. 96–ACE–25.’’ The postcard ° ′ ′′ ° ′ ′′ aircraft using instrument approach will be date stamped and returned to the (Lat. 42 24 10 N. long. 96 23 04 W.) Sioux City VORTAC procedures in instrument conditions commenter. (Lat. 42°20′40′′ N. long. 96°19′25′′ W.) from other aircraft operating in visual Agency Findings Gateway NDB weather conditions. (Lat. 42°24′29′′N. long. 96°23′09′′W.) The regulations adopted herein will EFFECTIVE DATE: 0901 UTC, March 27, That airspace extending upward from the 1997. not have substantial direct effects on the surface within 2.2 miles each side of the 140° States, on the relationship between the radial of the Sioux City VOTAC extending FOR FURTHER INFORMATION CONTACT: John national government and the States, or from the 4.3-mile radius of the Sioux A. Clayborn, Air Traffic Division, on the distribution of power and Gateway Airport to 5.3 miles southeast of the Operations Branch AGL–530, Federal responsibilities among the various VORTAC and 2.5 miles each side of the 170° Aviation Administration, 2300 East 3788 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations

Devon Avenue, Des Plaines, Illinois a significant economic impact on a Coastal Resource Management (OCRM), 60018, telephone (847) 294–7568. substantial number of small entities National Ocean Service (NOS), National under the criteria of the Regulatory Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: Flexibility Act. Administration (NOAA), Department of History List of Subjects in 14 CFR Part 71 Commerce (DOC). On Tuesday, September 17, 1996, the Airspace, Incorporation by reference, ACTION: Final rule, technical FAA proposed to amend part 71 of the Navigation (air). amendment. Federal Aviation Regulations (14 CFR part 71) to modify Class E5 airspace at Adoption of the Amendment SUMMARY: The National Oceanic and Bowling Green, Wood County Airport to In consideration of the foregoing, the Atmospheric Administration (NOAA) is accommodate diverse departure traffic Federal Aviation Administration changing the name of the Point Reyes/ from Wood County Airport (61 FR amends 14 CFR part 71 as follows: Farallon Islands National Marine 48869). The proposal was to add Sanctuary to the Gulf of the Farallones controlled airspace extending upward PART 71Ð[AMENDED] National Marine Sanctuary. from 700 to 1200 feet AGL to contain 1. The authority citation for 14 CFR Instrument Flight Rules (IFR) operations EFFECTIVE DATE: January 27, 1997. in controlled airspace during portions of part 71 continues to read as follows: the terminal operation and while Authority: 49 U.S.C. 106(g), 40103, 40113, FOR FURTHER INFORMATION CONTACT: transiting between the enroute and 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Elizabeth Moore at (301) 713–3141. terminal environments. 1963 Comp., p. 389; 14 CFR 11.69. SUPPLEMENTARY INFORMATION: The Point Interested parties were invited to § 71.1 [Amended] Reyes/Farallon Islands National Marine participate in this rulemaking 2. The incorporation by reference in Sanctuary (Sanctuary) was designated in proceeding by submitting written 14 CFR 71.1 of the Federal Aviation 1981. Soon after its designation the comments on the proposal to the FAA. Administration Order 7400.9D, Airspace Sanctuary was commonly referred to as No comments objecting to the proposal Designations and Reporting Points, the Gulf of the Farallones National were received. Class E airspace dated September 4, 1996, and effective Marine Sanctuary. This name was used designations for airspace areas September 16, 1996, is amended as to reflect the area’s bioregion and extending upward from 700 feet or more follows: above the surface of the earth are location, and because it was a more published in paragraph 6005 of FAA Paragraph 6005 Class E airspace areas simple and familiar way for the public Order 7400.9D dated September 4, 1996, extending upward from 700 feet or more and NOAA to refer to the Sanctuary. In and effective September 16, 1996, which above the surface of the earth. 1987, with the preparation of a is incorporated by reference in 14 CFR * * * * * management plan for the site, the name Gulf of the Farallones National Marine 71.1. The Class E5 airspace designation AGL OH E5 Toledo, OH [Revised] Sanctuary was adopted by NOAA. listed in this document will be Bowling Green, Wood County Airport, OH published subsequently in the Order. ° ′ ′′ ° ′ ′′ Consequently, the name Gulf of the (lat. 41 23 28 N., long. 83 37 49 W.) Farallones has been commonly used by The Rule That airspace extending upward from 700 NOAA, State and Federal agencies and feet or more above the surface within the area This amendment to part 71 of the bounded by a line beginning at lat. the public for nearly ten years and is the Federal Aviation Regulations (14 CFR 41°40′00′′N., long. 84°20′00′′W.; to lat. name by which the Sanctuary and area part 71) modifies Class E5 airspace at 41°49′00′′N., long. 83°37′00′′W.; to lat. is known. By this final rule, NOAA is Bowling Green, Wood County Airport to 41°34′00′′N., long. 89°19′00′′N.; to lat. officially changing the name of the accommodate diverse departure traffic 41°15′00′′N., long. 83°34′00′′W.; to lat. Sanctuary to the Gulf of the Farallones from Wood County Airport. Controlled 41°22′00′′N., long. 84°05′00′′W.; to the point National Marine Sanctuary to reflect its airspace extending upward from 700 to of beginning. commonly used name, and to remove 1200 feet AGL is needed to contain * * * * * any remaining misunderstanding which aircraft executing the approach. The Issued in Des Plaines, Illinois on January may arise because the Code of Federal area will be depicted on appropriate 9, 1997. Regulations refers to the Sanctuary by aeronautical charts thereby enabling Maureen Woods, its original name. pilots to circumnavigate the area or Manager, Air Traffic Division. Because this amendment is technical otherwise comply with IFR procedures. [FR Doc. 97–1925 Filed 1–24–97; 8:45 am] in nature, having no substantive impact, The FAA has determined that this BILLING CODE 4910±13±M no useful purpose would be served by regulation only involves an established providing notice and opportunity for body of technical regulations for which comment under the Administrative frequent and routine amendments are DEPARTMENT OF COMMERCE Procedure Act. Accordingly, the Acting necessary to keep them operationally Deputy Assistant Administrator for current. Therefore, this regulation—(1) National Oceanic and Atmospheric Ocean Services and Coastal Zone is not a ‘‘significant regulatory action’’ Administration Management under 5 U.S.C. 553(b)(B) under Executive Order 12866; (2) is not 15 CFR Part 922 for good cause finds that providing a ‘‘significant rule’’ under DOT notice and opportunity for comment is Regulatory Policies and Procedures (44 [Docket No. 970103001±7001±01] unnecessary. Nor is a 30-day delay in FR 11034; February 26, 1979); and (3) RIN 0648±XX79 effective date required under 5 U.S.C. does not warrant preparation of a 553(d) due to the non-substantive nature Regulatory Evaluation as the anticipated Point Reyes/Farallon Islands National of this technical amendment. impact is so minimal. Since this is a Marine Sanctuary; Name Change routine matter that will only affect air Authority: 16 U.S.C. § 1431 et seq. traffic procedures and air navigation, it AGENCY: Sanctuaries and Reserves (Federal Domestic Assistance Catalog is certified that this rule will not have Division (SRD), Office of Ocean and Number 11.429 Marine Sanctuary Program) Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations 3789

Dated: January 17, 1997. fraud, where the compensation was used in computing any tier I benefit David L. Evans, posted to the wrong period or person, or under the Railroad Retirement Act. Acting Deputy Assistant Administrator for where the compensation was originally As noted above, the Board has revised Ocean Services and Coastal Zone reported to the Social Security the proposed rule in accordance with Management. Administration but the Board or a court comments received. In response to a Accordingly, for the reasons set forth has determined that it should have been concern of the Labor Member, which above, 15 CFR Part 922 is amended as reported to the Board. was repeated by the commentors, to the On December 26, 1995, the Board follows: effect that an employee may not receive published this rule as a proposed rule credit in certain circumstances under PART 922Ð[AMENDED] (60 FR 66770). The Labor Member of the Board dissented from publication of the either the Railroad Retirement Act or 1. The authority citation for part 922 proposed rule. His reasons for doing so the Social Security Act, the Board has continues to read as follows: were set forth in the Supplementary added language to § 211.16(c) to clarify that this will not happen. The comment Authority: 16 U.S.C. 1431 et seq. Information section of the proposed rule (60 FR 66770). Comments on the concerned a situation where a company 2. Part 922 is amended by deleting proposed rule were invited on or before has been ruled an employer but taxes ‘‘Point Reyes/Farallon Islands National February 26, 1996. Three comments have not been paid for service more Marine Sanctuary’’ wherever it appears were received with respect to the than 4 years in the past. Under the final and replacing it with ‘‘Gulf of the proposed rule. Two commentors rule service more than four years in the Farallones National Marine Sanctuary.’’ indicated agreement with the views of past would not be creditable under the [FR Doc. 97–1872 Filed 1–24–97; 8:45 am] the Labor Member and urged the Board RRA. There was concern that in this BILLING CODE 3510±08±M to adopt those views. One of these situation the service might not be commentors also suggested that it is creditable under the SSA. First of all, inequitable to put on the employee the the Board does not believe that the RAILROAD RETIREMENT BOARD burden of the consequences of service would be removed under the erroneous reporting by employers or Social Security Act; however, if this 20 CFR Part 211 erroneous action by a Government were to occur, the Railroad Retirement Board would use this service and wages RIN 3220±AB10 agency. A third commentor (the joint comments of the Association of in computing the tier I component of the Finality of Records of Compensation American Railroads and representatives employee’s railroad retirement annuity of rail labor) submitted comments and pursuant to section 1(h)(8) of the AGENCY: Railroad Retirement Board. suggested certain changes to the Railroad Retirement Act (45 U.S.C. ACTION: Final rule. proposed rule. The Board has 231(h)(8)). Under section 1(h)(8) of the considered these comments and has Railroad Retirement Act remuneration SUMMARY: The Railroad Retirement made changes as explained below. that has been subject to tier I railroad Board (Board) hereby adopts regulations The rule, which is now being adopted retirement taxes, which is how the pertaining to the finality of reports of as a final rule, protects the interests of Board would view wage credits compensation. The regulations relate to employees, but also protects the removed under the Social Security Act, corrections to records of compensation integrity of the trust funds which fund is considered to be creditable more than four years after the date on the benefits paid by the agency. compensation for the computation of which the compensation was required Employees have the right to request the railroad retirement tier I benefits. As to be reported to the Board. Board to credit service and noted above, language has been added EFFECTIVE DATE: January 27, 1997. compensation under the Railroad to section 211.16(c) to clarify this result. ADDRESSES: Secretary to the Board, Retirement Act. Accordingly, an If the employee does not accrue the Railroad Retirement Board, 844 North employee who believes that he should minimum 120 months of railroad Rush Street, Chicago, Illinois 60611. receive credit, either because he retirement service prior to retirement or believes that he has been misclassified death so as to be qualified for benefits FOR FURTHER INFORMATION CONTACT: as an independent contractor or because Thomas W. Sadler, Senior Attorney, under the Railroad Retirement Act, his he believes that his employer should be railroad service and compensation will Railroad Retirement Board, 844 North a covered employer under the Railroad Rush Street, Chicago, Illinois 60611, be transferred to the Social Security Retirement Act, can notify the Board so Administration and used in computing telephone (312) 751–4513, TTD (312) the Board can investigate the situation. 751–4701. any benefits payable under the Social The final regulation gives recognition to Security Act. SUPPLEMENTARY INFORMATION: This rule this right but protects the integrity of the amends part 211 of the Board’s trust funds by requiring employees to The other change that has been made regulations (Creditable Railroad come forward in a timely manner to in the final rule is the addition of an Compensation) by adding a new contest the correctness of their service exception to the general bar against § 211.16 to that part. Under section 9 of and compensation records. By requiring crediting compensation retroactive more the Railroad Retirement Act, the Board timely protests the regulation puts the than four years without the payment of will not change an employee’s record of Government in a better position to taxes. The exception would apply in the reported compensation if the change is collect any employment taxes associated case of an employee’s record that is requested more than four years after the with the service and compensation erroneous as a result of fraudulent report of compensation is required to be correction. It should also be noted that reporting by the employee’s employer. filed under § 209.6 of the Board’s an employee who does not receive full The Office of Management and Budget regulations. Section 211.16 explains retroactive service credit because he did determined that this is a significant when the Board will change a record of not timely protest his employment regulatory action under Executive Order compensation beyond the four year record would still receive social security 12866 and has approved its publication period; for example, where the record is credit for the service in question, which as a final rule. There are no information incorrect because of clerical error or social security covered credit would be collections associated with this rule. 3790 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations

List of Subjects in 20 CFR Part 211 this part and where in the judgment of 1990 to require agencies to publish Pensions, Railroad employees, the three-member Board that heads the regulations within 180 days of Railroad retirement. Railroad Retirement Board failure to enactment of the amendment, April 26, For the reasons set out in the make a correction would be inequitable. 1996, providing for the adjustment of preamble, chapter II of title 20 of the (c) Limitation on Crediting Service. (1) civil monetary penalties provided by law within the jurisdiction of the Code of Federal Regulations is amended Except as provided in paragraph (b)(1) agency. as follows: of this section, no employee may be credited with service months or tier II The penalties authorized in the PART 211Ð[AMENDED] compensation beyond the four year Program Fraud Civil Remedies Act and period referred to in paragraph (a) of under the false claims provisions at 31 1. The authority citation for part 211 this section unless the employee U.S.C. 3729(a) are within the continues to read as follows: establishes to the satisfaction of the jurisdiction of the Railroad Retirement Authority: 45 U.S.C. 231(f). Board that all employment taxes Board and, therefore, the Board is imposed by sections 3201, 3211, and required to publish regulations 2. Part 211 is amended by adding a 3221 of title 26 of the Internal Revenue providing for the adjustment of the new § 211.16 to read as follows: Code have been paid with respect to the monetary penalties. § 211.16 Finality of records of compensation and service. The Federal Civil Penalties Inflation compensation. (2) The limitation on the creditability Adjustment Act requires that civil monetary penalties be adjusted by the (a) Time limit for corrections to of service months and tier II percentage by which the Consumer records of compensation. The Board’s compensation in paragraph (c)(1) of this Price Index for the month of June of the record of the compensation reported as section shall not affect the creditability, for purposes of computing the tier I calendar year preceding the adjustment paid to an employee for a given period exceeds the Consumer Price Index for shall be conclusive as to amount, or if component of a railroad retirement annuity, of compensation payments the month of June of the calendar year no compensation was reported for such in which the amount of such civil period, then as to the employee’s having with respect to which taxes have been paid under either the Railroad monetary penalty was last set or received no compensation for such adjusted. That Act also mandates period, unless the error in the amount Retirement Tax Act or the Federal Insurance Contributions Act. rounding of the adjustment, depending of compensation or the failure to make on the amount of the maximum penalty: return of the compensation is called to Dated: January 15, 1997. Any adjustment must be rounded to the the attention of the Board within four By Authority of the Board. nearest $1,000 for maximum penalties years after the date on which the Beatrice Ezerski, greater than $1,000 and less than or compensation was required to be Secretary to the Board. equal to $10,000. However, the reported to the Board as provided for in [FR Doc. 97–1906 Filed 1–24–97; 8:45 am] amendment limits the initial increase to § 209.6 of this chapter. BILLING CODE 7905±01±P ten percent of the amount of the (b) Correction after 4 years. (1) The maximum penalty. Board may correct a report of In both instances the ratio of the compensation after the time limit set 20 CFR Parts 355, 356 Consumer Price Index for the month of forth in paragraph (a) of this section June of the calendar year preceding the where the compensation was posted or RIN 3220±AB24 adjustment to the Consumer Price Index not posted as the result of fraud on the Adjustment of Civil Monetary Penalties for the month of June of the calendar part of the employer. year in which the amount of such civil (2) Subject to paragraph (c) of this AGENCY: Railroad Retirement Board. monetary penalty was last set or section, the Board may correct a report ACTION: Final rule. adjusted is 456.7/327.9, which would of compensation after the time limit set produce an increase considerably in forth in paragraph (a) of this section for SUMMARY: As required by subsection (s) excess of ten percent of the penalties. one of the following reasons: of the Debt Collection Improvement Act Under the Program Fraud Civil (i) Where the compensation was of 1996, the Railroad Retirement Board Remedies Act the maximum penalty is posted for the wrong person or the (Board) hereby amends its regulations to $5,000 (there is no minimum penalty); wrong period; provide for adjustments in the amount accordingly, this action will increase the (ii) Where the earnings were of civil monetary penalties. The maximum penalty by $500. The erroneously reported to the Social amendment will increase the amount of minimum and maximum penalties Security Administration in the good penalties under the jurisdiction of the under 31 U.S.C. 3729(a) are $5,000 and faith belief by the employer or employee Board to keep pace with inflation. $10,000 respectively; accordingly, this that such earnings were not covered EFFECTIVE DATE: January 27, 1997. action will increase the minimum under the Railroad Retirement Act and penalty by $500 and the maximum there is a final decision of the Board ADDRESSES: Secretary to the Board, Railroad Retirement Board, 844 North penalty by $1,000. under part 259 of this chapter that such The amendment also restricts Rush Street, Chicago, Illinois 60611. employer or employee was covered application of the adjustments to under the Railroad Retirement Act FOR FURTHER INFORMATION CONTACT: violations which occur after the date the during the period in which the earnings Michael C. Litt, General Attorney, increase takes effect. Therefore, the were paid; Railroad Retirement Board, 844 North increases would not apply in the case of (iii) Where a determination pertaining Rush Street, Chicago, Illinois 60611, any violation occurring before the to the coverage under the Railroad (312) 751–4929, TDD (312) 751–4701. effective date of these regulations. Retirement Act of an individual, SUPPLEMENTARY INFORMATION: On October 22, 1996, the Board partnership, or company as an Subsection (s) of the Debt Collection published this rule as a proposed rule employer, is retroactive; or Improvement Act of 1996, Public Law (61 FR 54745), inviting comments on or (iv) Where a record of compensation 104–134, amended the Federal Civil before November 21, 1996. No could not otherwise be corrected under Penalties Inflation Adjustment Act of comments were received. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations 3791

The Board, with the concurrence of penalties provided for under the in response to an act to repeal the the Office of Management and Budget, Program Fraud Civil Remedies Act (31 saccharin notice requirement and a has determined that this is not a U.S.C. 3801–3812) and the false claims citizen petition submitted by the Calorie significant regulatory action for provisions at 31 U.S.C. 3729(a) was last Control Council. This action is intended purposes of Executive Order 12866. set or adjusted, 1986, is 456.7/327.9, to reduce the burden on small Therefore, no regulatory impact analysis which produces the following increases businesses. is required. There are no information in the penalties after applicable EFFECTIVE DATE: January 27, 1997. collections associated with this rule. rounding: FOR FURTHER INFORMATION CONTACT: (1) The maximum penalty under the List of Subjects in 20 CFR Parts 355 and Gerad L. McCowin, Center for Food Program Fraud Civil Remedies Act for a 356 Safety and Applied Nutrition (HFS– false claim or statement would be 151), Food and Drug Administration, Railroad employees, Railroad increased from $5,000 to $7,000. 200 C St. SW., Washington, DC 20204, retirement. (2) The maximum and minimum 202–205–4561. For the reasons set forth in the penalties under the false claims SUPPLEMENTARY INFORMATION: In the preamble, title 20, chapter II, subchapter provisions at 31 U.S.C. 3729(a) would Federal Register of September 27, 1996 E, is amended as follows: be increased from $10,000 to $14,000 (61 FR 50770), FDA published a and $5,000 to $7,000, respectively. PART 355ÐREGULATIONS UNDER proposal to amend its food labeling (c) Imposition of the increases are regulations by revoking § 101.11 THE PROGRAM FRAUD CIVIL limited to actions occurring after the REMEDIES ACT OF 1986 Saccharin and its salts; retail effective date of the increases. establishment notice (21 CFR 101.11). 1. The authority citation for part 355 (d) No increase may exceed ten The agency had issued this proposal continues to read as follows: percent of the penalty or range of partly in response to enactment on April penalties, as applicable. Authority: 31 U.S.C. 3809. 1, 1996, of Pub. L. 104–124, which § 356.2 Program Fraud Civil Remedies Act amended the Federal Food, Drug, and § 355.3 [Amended] of 1986. Cosmetic Act (the act) by repealing 2. Section 355.3(a)(1)(iv) is amended In the case of penalties assessed under section 403(p) (21 U.S.C. 343(p)), and by adding at the end thereof a new part 355 of this chapter, an additional partly in response to a citizen petition sentence to read ‘‘This penalty is subject penalty of $500 may be assessed for that it received on October 11, 1995, to adjustment in accord with part 356 of claims or statements made after October from the Calorie Control Council this chapter.’’ 23, 1996. requesting that the agency revoke this 3. Section 355.3(b)(1)(ii) is amended provision. No comments were received by adding at the end thereof a new § 356.3 False claims. in response to the proposal. sentence to read ‘‘This penalty is subject In the case of penalties assessed under Having received no comments, FDA to adjustment in accord with part 356 of 31 U.S.C. 3729 based on actions concludes that, for the reasons set forth this chapter.’’ occurring after October 23, 1996, the in the proposal, it is appropriate to 4. A new part 356 is added to minimum penalty is $5,500 and the amend its food labeling regulations by subchapter E to read as follows: maximum penalty is $11,000. revoking § 101.11. In view of the revocation of section 403(p) of the act by Dated: January 15, 1997. PART 356ÐCIVIL MONETARY Pub. L. 104–124 and the fact that section PENALTY INFLATION ADJUSTMENT By Authority of the Board. 403(o) of the act requires that all food Beatrice Ezerski, Sec. products containing saccharin include 356.1 Introduction. Secretary to the Board. on their labeling a warning statement 356.2 Program Fraud Civil Remedies [FR Doc. 97–1916 Filed 1–24–97; 8:45 am] (see Statement of final guidelines for Act of 1986. BILLING CODE 7905±01±P labeling of food products containing 356.3 False claims. saccharin (42 FR 62209, December 9, Authority: 28 U.S.C. 2461; 31 U.S.C. 3729, 1977)), the agency finds that § 101.11 is 3809. DEPARTMENT OF HEALTH AND no longer necessary. This action is also HUMAN SERVICES consistent with the Administration’s § 356.1 Introduction. ‘‘Reinventing Government’’ initiative (a) The Federal Civil Penalties Food and Drug Administration which seeks to ease burdens on Inflation Adjustment Act requires that regulated industry and consumers. civil monetary penalties be adjusted by 21 CFR Part 101 FDA has determined that this final the percentage by which the Consumer [Docket No. 95P±0337] rule is not a significant regulatory action Price Index for the month of June of the for the purposes of Executive Order calendar year preceding the adjustment Food Labeling: Saccharin and Its 12866. This final rule is expected to exceeds the Consumer Price Index for Salts; Retail Establishment Notice reduce the burden on small businesses. the month of June of the calendar year Therefore, the agency certifies that this in which the amount of such civil AGENCY: Food and Drug Administration, final rule will not have a significant monetary penalty was last set or HHS. adverse impact on a substantial number adjusted. That Act also mandates ACTION: Final rule. of small entities within the meaning of rounding of the adjustment, depending the Regulatory Flexibility Act (5 U.S.C. on the amount of the maximum penalty. SUMMARY: The Food and Drug 601–612). (b) The ratio of the Consumer Price Administration (FDA) is revoking the The agency has determined under 21 Index for the month of June of the food labeling regulation that prescribes CFR 25.24(a)(11) that this action is of a calendar year preceding this adjustment conditions for the display by a retail type that does not individually or to the Consumer Price Index for the establishment of a notice concerning the cumulatively have a significant effect on month of June of the calendar year in sale of products containing saccharin the human environment. Therefore, which the amount of civil monetary and its salts. This action is being taken neither an environmental assessment 3792 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations nor an environmental impact statement EFFECTIVE DATE: These regulations are expenses functions in a manner similar is required. effective January 27, 1997. to rental assistance payments under This final rule contains no FOR FURTHER INFORMATION CONTACT: section 8 of the Act. The section 8 rental information collection requirements Christopher J. Wilson (202) 622–3040 assistance payments are designed to under the Paperwork Reduction Act of (not a toll-free call). compensate the unit owner for all or 1995 (44 U.S.C. 3501, et seq.). part of the difference between the rent SUPPLEMENTARY INFORMATION: a low-income tenant is able to pay and List of Subjects in 21 CFR Part 101 Background a fair market rent standard as set by Food labeling, Nutrition, Reporting Under section 42(d)(1), the eligible HUD. Similarly, the section 9 payments and recordkeeping requirements. basis used to compute the low-income are designed to cover an allocable share Therefore, under the Federal Food, housing tax credit of a new low-income of operating costs of the units rented to Drug, and Cosmetic Act and under building is the adjusted basis of the low-income tenants, thus, in effect, authority delegated to the Commissioner building as of the close of the first supplementing the rents that these of Food and Drugs, 21 CFR part 101 is taxable year of the credit period. Section tenants are required to pay. amended as follows: 42(d)(5) provides that if, during a Explanation of Provisions taxable year in the compliance period PART 101ÐFOOD LABELING These temporary regulations provide (as defined in section 42(i)(1)), a federal that certain federal rental assistance 1. The authority citation for 21 CFR grant is made with respect to a low- payments made to the owner of a part 101 continues to read as follows: income building or the operation building on behalf of low-income thereof, the eligible basis of the building Authority: Secs. 4, 5, 6 of the Fair tenants are not federal grants with for the taxable year and all succeeding Packaging and Labeling Act (15 U.S.C. 1453, respect to a building or its operation taxable years is reduced to the extent of 1454, 1455); secs. 201, 301, 402, 403, 409, that require a reduction in the building’s 701 of the Federal Food, Drug, and Cosmetic the federal grant. Questions have arisen eligible basis under section 42(d)(5). Act (21 U.S.C. 321, 331, 342, 343, 348, 371). whether rental assistance payments These payments include rental under section 8 of the United States § 101.11 [Removed] assistance payments made under section Housing Act of 1937 (Act) (42 U.S.C. 8 of the Act, certain payments made 2. Section 101.11 Saccharin and its § 1437f) and certain rental assistance under section 9 of the Act, and salts; retail establishment notice is payments under section 9 of the Act (42 payments made under such other removed from subpart A. U.S.C. 1437g) are federal grants programs or methods of rental Dated: January 17, 1997. requiring a reduction in eligible basis. assistance as may be designated in the The legislative history of section 42 William K. Hubbard, Federal Register or the Internal Revenue indicates that section 42(d)(5) was Associate Commissioner for Policy Bulletin. Coordination. enacted to prevent a taxpayer from [FR Doc. 97–1853 Filed 1–24–97; 8:45 am] ‘‘double-dipping’’ in federal benefits. S. Special Analyses BILLING CODE 4160±01±F Rep. No. 313, 99th Cong., 2d Sess. II– It has been determined that this 767 (1986), 1986–3 (Vol 3) C.B. 767. Treasury decision is not a significant This would occur, for example, if the regulatory action as defined in EO owner of a building received both the DEPARTMENT OF THE TREASURY 12866. Therefore, a regulatory low-income housing credit and a assessment is not required. It also has Internal Revenue Service federal-interest subsidy or federal grant been determined that section 553(b) of with respect to the building. The the Administrative Procedure Act (5 26 CFR Part 1 legislative history further indicates, U.S.C. chapter 5) does not apply to these however, that Congress did not intend regulations and, because these [TD 8713] to treat federal rental assistance regulations do not impose on small payments as grants for this purpose. RIN 1545±AU93 entities a collection of information Thus, the legislative history indicates requirement, the Regulatory Flexibility Section 42(d)(5) Federal Grants that no basis reduction is required for Act (5 U.S.C. chapter 6) does not apply. rental assistance payments provided by Therefore, a Regulatory Flexibility AGENCY: Internal Revenue Service (IRS), the Department of Housing and Urban Analysis is not required. Pursuant to Treasury. Development (HUD) under section 8 of section 7805(f) of the Internal Revenue ACTION: Temporary regulations. the Act. (In contrast to this treatment of Code, this temporary regulation will be section 8 rental assistance payments, submitted to the Chief Counsel for SUMMARY: This document contains section 42(c)(2) generally denies the Advocacy of the Small Business temporary regulations with respect to low-income housing tax credit to Administration for comment on its the low-income housing tax credit buildings that receive ‘‘moderate impact on small business. relating to the application of section rehabilitation assistance’’ under section 42(d)(5) to certain rental assistance 8(e)(2) of the Act). Drafting Information programs under section 42(g)(2)(B)(i). HUD recently was granted the The principal author of these The regulations clarify that certain types authority to assist mixed-finance regulations is Christopher J. Wilson, of federal rental assistance payments do projects under section 9 of the Act. Office of Assistant Chief Counsel not result in a reduction in the eligible Under this new initiative, public (Passthroughs and Special Industries). basis of a low-income housing building. housing authorities receiving HUD However, other personnel from the IRS The text of these regulations also serves assistance are permitted to disburse that and Treasury Department participated as the text of the proposed regulations assistance to private owners as in their development. set forth in the notice of proposed reimbursement for the operating rulemaking on this subject in the expenses of units the owner has agreed List of Subjects in 26 CFR Part 1 Proposed Rules section of this issue of to maintain for public-housing tenants. Income taxes, Reporting and the Federal Register. This section 9 assistance for operating recordkeeping requirements. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations 3793

Adoption of Amendments to the (3) Do not exceed the difference • The National Association of Regulations between the rents received from a Corrosion Engineers’ (NACE) Standard Accordingly, 26 CFR part 1 is building’s PH-unit tenants and a pro (MR–01–92), Recommended Practice amended as follows: rata portion of the building’s actual (RP), Sulfide Stress Cracking Resistant operating costs that are reasonably Metallic Materials for Oil Field PART 1ÐINCOME TAXES allocable to the PH-units (based on Equipment. square footage, number of bedrooms, or We received a total of three responses: Paragraph 1. The authority citation similar objective criteria), and provided one from the National Institute of Safety for part 1 is amended by adding an entry that, for this purpose, operating costs do and Health (NIOSH) and two from in numerical order to read in part as not include any development costs of a industry. We have addressed their follows: building (including developer’s fees) or comments below and have rewritten the Authority: 26 U.S.C. 7805 * * * the principal or interest of any debt rule in a clearer and more user-oriented Section 1.42–16T also issued under 26 incurred with respect to any part of the style. We have subdivided some U.S.C. 42(n); * * * building. sections. As a result, some sections have Par. 2. Section 1.42–16T is added to (d) Effective date. This section is been renumbered. read as follows: effective January 27, 1997. Discussion of Comments Margaret Milner Richardson, § 1.42±16T Eligible basis reduced by Comment: NIOSH referred to Commissioner of Internal Revenue. federal grants (temporary). recommendations it had given to the (a) In general. If, during any taxable Approved: January 8, 1997. Occupational Safety and Health year of the compliance period Donald C. Lubick, Administration with respect to ‘‘bearded (described in section 42(i)(1)), a grant is Acting Assistant Secretary of the Treasury. workers’’ and ‘‘wearing contact lenses,’’ made with respect to any building or the [FR Doc. 97–1790 Filed 1–24–97; 8:45 am] and recommended that the pressure- operation thereof and any portion of the BILLING CODE 4830±01±U demand-type respirator required should grant is funded with federal funds be certified by NIOSH. (whether or not includible in gross Response: We have incorporated by income), the eligible basis of the DEPARTMENT OF THE INTERIOR reference the ANSI Z88.2 standard that building for the taxable year and all addresses the topics of ‘‘bearded succeeding taxable years is reduced by Minerals Management Service workers’’ and ‘‘wearing of contact the portion of the grant that is so lenses.’’ We believe our rule is funded. 30 CFR Part 250 consistent with regulations promulgated (b) Grants do not include certain RIN 1010±AB50 by other Federal agencies but do not rental assistance payments. A federal agree that certification by other agencies rental assistance payment made to a Hydrogen Sulfide Requirements for is needed. building owner on behalf or in respect Operations in the Outer Continental Comment: There is a critical need for of a tenant is not a grant made with Shelf a system that would continuously respect to a building or its operation if monitor and detect any emissions the AGENCY: Minerals Management Service the payment is made pursuant to— instant they occur at wellheads and (1) Section 8 of the United States (MMS), Interior. manifolds. Housing Act of 1937; ACTION: Final rule. Response: We consider the sensors (2) A qualifying program of rental that detect the presence of H2S in air to SUMMARY: This rule revises requirements be part of a continuous monitoring assistance administered under section 9 for preventing hydrogen sulfide (H S) of the United States Housing Act of 2 system. Sensor locations take into releases, detecting and monitoring H2S consideration design factors such as 1937; or and sulphur dioxide (SO ), protecting (3) A program or method of rental 2 type of decking, location of fire walls, personnel, providing visual and audible assistance as the Secretary may ventilation, or area confinement. warnings, and training personnel. The designate through the Federal Register Alternative monitoring systems may be rule also establishes requirements for or in the Internal Revenue Bulletin (see desirable for production systems that H S flaring. The revisions are necessary § 601.601(d)(2) of this chapter). 2 have components which are prone to (c) Qualifying rental assistance to keep up with current practices and erosion and leaks. MMS encourages program. For purposes of paragraph technologies, and to enhance personnel lessees to use new or alternative (b)(2) of this section, payments are made safety and environmental protection. monitoring systems that enhance leak pursuant to a qualifying rental EFFECTIVE DATE: March 28, 1997. detection capabilities. assistance program administered under FOR FURTHER INFORMATION CONTACT: E.P. Comment: Delete the requirements section 9 of the United State Housing Danenberger at (703) 787–1598 or John concerning SO2-detection and Act of 1937 to the extent that the Mirabella at (703) 787–1600. monitoring equipment. The commenter payments— SUPPLEMENTARY INFORMATION: On May stated that a properly designed flare (1) Are made to a building owner 11, 1995, we published in the Federal system, coupled with general pursuant to a contract with a public Register (60 FR 25178) a reproposed requirements allowing operators to housing authority with respect to units rule, which incorporated comments to a establish personnel exposure limits, the owner has agreed to maintain as previous proposed rule which we should be adequate for personnel public housing units (PH-units) in the published on August 15, 1990 (55 FR protection on a facility. building; 33326). The reproposed rule Response: We agree that operators (2) Are made with respect to units incorporated the latest editions of two should be permitted to propose occupied by public housing tenants, documents: alternatives to the use of portable of provided that, for this purpose, units • American National Standard fixed SO2 monitors to monitor air may be considered occupied during Institute (ANSI), American National quality while burning gas containing periods of short term vacancy (not to Standard for Respiratory Protection H2S. We added a provision to allow the exceed 60 days); and (ANSI Z88.2–1992), and District Supervisor to consider and 3794 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations approve alternative engineering Response: We agree. The suggested in that section were renumbered. Thus, controls. words, modified to say, ‘‘and/or activate § 250.175(d)(3) became § 250.175(f)(3). Comment: The requirement flashing red lights,’’ will be inserted in Author: Mario Rivero, Information concerning training for visitors who stay the requirement. and Training Branch, prepared this overnight on a facility should be given Comment: Clarify sensor locations in document. enclosed areas in order to avoid to visitors who remain 2 consecutive Executive Order (E.O.) 12866 nights. The suggested wording would contradictory interpretations. eliminate unnecessary detailed training Response: We agree. We have This final rule does not meet the for office associates and other visitors modified that requirement. criteria for a significant rule requiring who infrequently visit the facility. The Comment: Expand the requirement review by the Office of Management and commenter also recommended the concerning the use of detectors in Budget (OMB) under E.O. 12866. nearby facilities by adding the words: substitution of the phrase ‘‘abbreviated Regulatory Flexibility Act training program’’ with the word ‘‘To invoke this requirement the District This proposed amendment to the rule ‘‘briefing.’’ Supervisor will consider dispersion will not have any significant effects on Response: We agree with the modeling results from a possible release a substantial number of small entities. commenter that ‘‘overnight’’ is not an to determine if 20 parts per million In general, the entities that engage in appropriate criteria. We have modified (ppm) H2S concentration levels could be offshore activities are not small due to the requirement to provide more exceeded at nearby facilities.’’ The the technical and financial resources flexibility by allowing stays of up to 24 added language would explain the decision process used to invoke the and experience needed to safely hours. requirement of having monitoring conduct such activities. Small entities Comment: Expand the requirement equipment at third party sites. are more likely to operate onshore or in concerning resuscitators by adding the Response: We agree and used the State waters—areas not covered by the words: ‘‘on manned facilities and a suggested words with modifications. proposed rule. When small entities do number equal to the personnel on board, Comment: Reduce the nominal work in the OCS, they are likely to be not to exceed three, on unmanned breathing time of ‘‘at least 15 minutes’’ contractors. Working in an H S facilities.’’ The suggested words would 2 for respirators to ‘‘at least 5 minutes.’’ environment can be dangerous, and it is indicate that it is not necessary to The commenter states that experience important that all operators and maintain or provide three resuscitators from drills indicate that a 5 minute contractors follow the rules. Small in facilities where there are less than nominal breathing time is adequate for entities that work on the OCS have been three persons. a trained user to reach a safe briefing able to comply with existing rules and Response: We agree and used the area, and that the cited ANSI document will be able to comply with the new suggested words, with modifications. does not specify a 15 minute normal rules. These changes to the rules will Comment: Change the requirement of breathing time for this application. not affect their ability to compete. drills for each person within 24 hours Response: We do not agree with the after duty begins and at least once commenter. We feel that the risk of Paperwork Reduction Act during every subsequent 7-day period entering or exiting an H2S atmosphere MMS has submitted to OMB for be changed to say: ‘‘A drill will be that is immediately dangerous to life or approval the information collection conducted for each person at the facility health warrants the use of a self- requirements in this final rule which during his or her normal duty.’’ The contained air supply as recommended revises § 250.67 (OMB Control Number commenter felt that drills for each in Section A.9.1.3 of ANSI Z88.2–1992, 1010–0053) and adds § 250.175(f) (OMB person within 24 hours after duty begins i.e., a supply of 15 minutes or more. Control Number 1010–0041). On is an unnecessary administrative burden Commenters responding to our February 6, 1996, we provided a 60-day due to varied work rotations. Also, in previously proposed rule published in review and comment process through a order to indicate that H2S drills and the Federal Register on August 15, notice in the Federal Register (61 FR training can be conducted as part of 1990, requested that we specify a self- 4480). The Paperwork Reduction Act of other drills, the following words be contained breathing time. We decided to 1995 provides that an agency may not inserted: ‘‘H2S drills and training may specify a nominal breathing time of at conduct or sponsor, and a person is not be conducted in conjunction with other least 15 minutes because 5 minutes required to respond to, a collection of safety meetings or with rig/facility might now allow personnel enough time information unless it displays a abandonment drills.’’ to escape from an emergency. currently valid OMB control number. Response: We agree with the Comment: Insert the words ‘‘upon The titles of the collections of suggestion concerning drill frequency request of the Regional Supervisor’’ in information are ‘‘30 CFR Part 250, and used the suggested words, with the recordkeeping requirements Subpart D, Oil and Gas Drilling modifications. Lessees may combine concerning monthly reports of flared Operations’’ (1010–0053) and ‘‘30 CFR H2S drills with other training or drills and vented gas containing H2S as Part 250, Subpart K, Oil and Gas if scenarios are realistic and the drill required in § 250.175(d)(3). Some Production Rates’’ (1010–0041). procedures effectively prepare regions are under control of local The collections of information in this personnel for an H2S emergency. authorities concerning air pollution and final rule consist of the reporting and Comment: Expand the operational require submission of such reports, recordkeeping necessary to prevent H2S danger signs requirement by adding the making the report to MMS optional. The releases, protect human safety, and words: ‘‘and/or red flashing lights be suggested changes would provide local detect and monitor SO2. They include illuminated.’’ The commenter observed MMS offices with the authority to critical contingency plan requirements; that the proposed rule permits use of require this report only as needed and recordkeeping on training, drilling, and electronic systems. However, the actual avoids duplication. equipment monitoring activities; language of the proposed rule did not Response: The suggested words will posting of safety, emergency and include such provisions. The use of be inserted in the section. On May 20, warning procedures; and MMS flashing lights may be more effective 1996, a final rule modified § 250.175. In reporting requirements. Responses are than flags. consequence, the paragraphs contained mandatory. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations 3795

MMS needs the information to action significantly affecting the quality and to mitigate damage to property and ascertain the condition of a drilling site of the human environment; therefore, an the environment caused by H2S. You and to determine if lessees are properly Environmental Impact Statement is not must follow the requirements of this providing for the safety of operations required. section when conducting drilling, well- and protection of human life or health completion/well-workover, and List of Subjects in 30 CFR Part 250 and the environment. We use the production operations in zones with information to avoid and eliminate Continental shelf, Environmental H2S present and when conducting hazards inherent in drilling operations. impact statements, Environmental operations in zones where the presence The respondents are approximately 26 protection, Government contracts, of H2S is unknown. You do not need to Federal oil and gas lessees. The Incorporation by reference, follow these requirements when frequency of response is ‘‘on occasion.’’ Investigations, Mineral royalties, Oil operating in zones where the absence of In § 250.67, we estimate an annual and gas development and production, H2S has been confirmed; and reporting burden of 849 hours and an Oil and gas exploration, Oil and gas (2) Follow your approved contingency annual recordkeeping burden of 16,189 reserves, Penalties, Pipelines, Public plan. hours. In § 250.175(f), we estimate an lands—minerals resources, Public (b) Definitions. Terms used in this annual reporting burden of 432 hours. lands—rights-of-way, Reporting and section have the following meanings: The burden estimates include the time recordkeeping requirements, Sulphur Facility means a vessel, a structure, or for reviewing instructions, searching development and production, Sulphur an artificial island used for drilling, existing data sources, gathering and exploration, Surety bonds. well-completion, well-workover, and/or maintaining the data needed, and Dated: January 9, 1997. production operations. H S absent means: completing and reviewing the collection Sylvia V. Baca, 2 of information. (1) Drilling, logging, coring, testing, or Deputy Assistant Secretary, Land and producing operations have confirmed Send comments regarding the burden Minerals Management. or any other aspect of the collections of the absence of H2S in concentrations information contained in § 250.67 and For the reasons stated in the that could potentially result in § 250.175(f), including suggestions for preamble, Minerals Management atmospheric concentrations of 20 ppm reducing the burdens, to the Office of Service (MMS) amends 30 CFR part 250 or more of H2S; or Information and Regulatory Affairs, as follows: (2) Drilling in the surrounding areas Office of Management and Budget, Attn: and correlation of geological and Desk Officer for the Department of the PART 250ÐOIL AND GAS AND seismic data with equivalent Interior, Room 10102, 725 17th Street, SULPHUR OPERATIONS IN THE stratigraphic units have confirmed an OUTER CONTINENTAL SHELF NW., Washington, DC 20503 (OMB absence of H2S throughout the area to be control number 1010–0053 or 1010– 1. The authority citation for part 250 drilled. 0041). Send a copy of your comments to continues to read as follows: H2S present means that drilling, the Information Collection Clearance logging, coring, testing, or producing Authority: 43 U.S.C. 1334. Officer, Minerals Management Service, operations have confirmed the presence Mail Stop 2053, 381 Elden Street, 2. In § 250.1, paragraphs (c)(7) and of H2S in concentrations and volumes Herndon, Virginia 20170–4817. (g)(1) are revised to read as follows: that could potentially result in atmospheric concentrations of 20 ppm Takings Implication Assessment § 250.1 Documents incorporated by or more of H S. reference. 2 The DOI determined that this final H2S unknown means the designation rule does not represent a governmental * * * * * of a zone or geologic formation where (c) * * * action capable of interference with neither the presence nor absence of H2S constitutionally protected rights. Thus, (7) ANSI Z88.2–1992, American National has been confirmed. DOI does not need to prepare a Takings Standard for Respiratory Protection, Well-control fluid means drilling mud Implication Assessment pursuant to Incorporated by Reference at: and completion or workover fluid as E.O. 12630, Governmental Actions and §§ 250.67(g)(4)(iv) and (j)(13)(ii). appropriate to the particular operation Interference with Constitutionally * * * * * being conducted. Protected Property Rights. (g) * * * (c) Classifying an area for the presence of H2S. You must: E.O. 12988 (1) NACE Standard MR.01–75–96, Sulfide Stress Cracking Resistant Metallic Materials (1) Request and obtain an approved The DOI certified to OMB that the for Oil Field Equipment, January 1996, classification for the area from the rule meets the applicable reform Incorporated by Reference at: § 250.67(p)(2). Regional Supervisor before you begin standards provided in Sections 3(a) and * * * * * operations. Classifications are ‘‘H2S 3(b)(2) of E.O. 12988. 3. In § 250.2, the definitions for Zones absent,’’ H2S present,’’ or ‘‘H2S known to contain H2S, Zones where the unknown’’; Unfunded Mandates Reform Act of (2) Submit your request with your 1995 absence of H2S has been confirmed, and Zones where the presence of H2S is application for permit to drill; The DOI has determined and certifies unknown are removed. (3) Support your request with according to the Unfunded Mandates 4. Section 250.67 is revised to read as available information such as geologic Reform Act, 2 U.S.C. 1502 et seq., that follows: and geophysical data and correlations, this rule will not impose a cost of $100 well logs, formation tests, cores and million or more in any given year on § 250.67 Hydrogen sulfide analysis of formation fluids; and State, local, and tribal governments, or (a) What precautions must I take (4) Submit a request for the private sector. when operating in an H2S area? You reclassification of a zone when must: additional data indicate a different National Environmental Policy Act (1) Take all necessary and feasible classification is needed. The DOI determined that this action precautions and measures to protect (d) What do I do if conditions change? does not constitute a major Federal personnel from the toxic effects of H2S If you encounter H2S that could 3796 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations potentially result in atmospheric (9) How you will provide protective- (i) Before beginning work at the concentrations of 20 ppm or more in breathing equipment for all personnel, facility; and areas not previously classified as having including contractors and visitors; (ii) Each year, within 1 year after H2S present, you must immediately (10) The agencies and facilities you completion of the previous class. notify MMS and begin to follow will notify in case of a release of H2S (2) What training documentation do I requirements for areas with H2S present. (that constitutes an emergency), how need? For each individual working on (e) What are the requirements for you will notify them, and their the platform, either: conducting simultaneous operations? telephone numbers. Include all facilities (i) You must have documentation of When conducting any combination of that might be exposed to atmospheric this training at the facility where the drilling, well-completion, well- concentrations of 20 ppm or more of individual is employed; or (ii) The employee must carry a workover, and production operations H2S; simultaneously, you must follow the (11) The medical personnel and training completion card. (3) What training do I need to give to requirements in the section applicable facilities you will use if needed, their visitors and employees previously to each individual operation. addresses, and telephone numbers; trained on another facility? (f) Requirements for submitting an (12) H2S detector locations in production facilities producing gas (i) Trained employees or contractors H2S Contingency Plan. Before you begin transferred from another facility must containing 20 ppm or more of H2S. operations, you must submit an H2S attend a supplemental briefing on your Contingency Plan to the District Include an ‘‘H2S Detector Location Drawing’’ showing: H2S equipment and procedures before Supervisor for approval. Do not begin beginning duty at your facility; operations before the District Supervisor (i) All vessels, flare outlets, wellheads, and other equipment (ii) Visitors who will remain on your approves your plan. You must keep a facility more than 24 hours must receive copy of the approved plan in the field, handling production containing H2S; (ii) Approximate maximum the training required for employees by and you must follow the plan at all paragraph (g)(4) of this section; and times. Your plan must include: concentration of H2S in the gas stream; and (iii) Visitors who will depart before (1) Safety procedures and rules that spending 24 hours on the facility are you will follow concerning equipment, (iii) Location of all H2S sensors included in your contingency plan; exempt from the training required for drills, and smoking; employees, but they must, upon arrival, (2) Training you provide for (13) Operational conditions when you expect to flare gas containing H S complete a briefing that includes: employees, contractors, and visitors; 2 (A) Information on the location and (3) Job position and title of the person including the estimated maximum gas flow rate, H S concentration, and use of an assigned respirator; practice in responsible for the overall safety of 2 donning and adjusting the assigned personnel; duration of flaring; (14) Your assessment of the risks to respirator; information on the safe (4) Other key positions, how these personnel during flaring and what briefing areas, alarm system, and positions fit into your organization, and precautionary measures you will take; hazards of H2S and SO2; and what the functions, duties, and (15) Primary and alternate methods to (B) Instructions on their responsibilities of those job positions ignite the flare and procedures for responsibilities in the event of an H2S are; sustaining ignition and monitoring the release. (4) What training must I provide to all (5) Actions that you will take when status of the flare (i.e., ignited or other employees? You must train all the concentration of H2S in the extinguished); atmosphere reaches 20 ppm, who will (16) Procedures to shut off the gas to individuals on your facility on the: (i) Hazards of H S and of SO and the be responsible for those actions, and a the flare in the event the flare is 2 2 provisions for personnel safety description of the audible and visual extinguished; contained in the H S Contingency Plan; alarms to be activated; (17) Portable or fixed sulphur dioxide 2 (6) Briefing areas where personnel (ii) Proper use of safety equipment (SO2)-detection system(s) you will use will assemble during an H S alert. You which the employee may be required to 2 to determine SO2 concentration and must have at least two briefing areas on use; exposure hazard when H2S is burned; (iii) Location of protective breathing each facility and use the briefing area (18) Increased monitoring and equipment, H2S detectors and alarms, that is upwind of the H2S source at any warning procedures you will take when ventilation equipment, briefing areas, given time; the SO2 concentration in the atmosphere (7) Criteria you will use to decide warning systems, evacuation reaches 2 ppm; procedures, and the direction of when to evacuate the facility and (19) Personnel protection measures or procedures you will use to safely prevailing winds; evacuation procedures you will initiate (iv) Restrictions and corrective evacuate all personnel from the facility when the SO2 concentration in the by vessel, capsule, or lifeboat. If you use measures concerning beards, spectacles, atmosphere reaches 5 ppm; and contact lenses in conformance with helicopters during H2S alerts, describe (20) Engineering controls to protect the types of H S emergencies during ANSI Z88.2; 2 personnel from SO2; and (v) Basic first-aid procedures which you consider the risk of (21) Any special equipment, applicable to victims of H S exposure. helicopter activity to be acceptable and 2 procedures, or precautions you will use During all drills and training sessions, the precautions you will take during the if you conduct any combination of you must address procedures for rescue flights; drilling, well-completion, well- and first aid for H2S victims; (8) Procedures you will use to safely workover, and production operations (vi) Location of: position all vessels attendant to the simultaneously. (A) The first-aid kit on the facility; facility. Indicate where you will locate (g) Training program. (B) Resuscitators; and the vessels with respect to wind (1) When and how often do employees (C) Litter or other device on the direction. Include the distance from the need to be trained? All operators and facility. facility and what procedures you will contract personnel must complete an (vii) Meaning of all warning signals. use to safely relocate the vessels in an H2S training program to meet the (5) Do I need to post safety emergency; requirements of this section: information? You must prominently Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations 3797 post safety information on the facility displayed on a sign immediately monitors in the work areas during the and on vessels serving the facility (i.e,, adjacent to the existing sign. following operations: basic first-aid, escape routes, (5) What are the requirements for (i) When you pull a wet string of drill instructions for use of life boats, etc.). flashing lights or flags? You must pipe or workover string; (h) Drills. (1) When and how often do activate a sufficient number of lights or (ii) When circulating bottoms-up after I need to conduct drills on H2S safety hoist a sufficient number of flags to be a drilling break; discussions on the facility? You must: visible to vessels and aircraft. Each light (iii) During cementing operations; (i) Conduct a drill for each person at must be of sufficient intensity to be seen (iv) During logging operations; and (v) When circulating to condition the facility during normal duty hours at by approaching vessels or aircraft any time it is activated (day or night). Each mud or other well-control fluid. least once every 7-day period. The drills (5) Where must I have sensors for flag must be red, rectangular, a must consist of a dry-run performance production operations? On a platform minimum width of 3 feet, and a of personnel activities related to where gas containing H S of 20 ppm or minimum height of 2 feet. 2 assigned jobs. greater is produced, processed, or (6) What is an audible warning (ii) At a safety meeting or other otherwise handled: meetings of all personnel, discuss drill system? An audible warning system is a (i) You must have a sensor in rooms, public address system or siren, horn, or performance, new H2S considerations at buildings, deck areas, or low-laying other similar warning device with a the facility, and other updated H2S deck areas not otherwise covered by information at least monthly. unique sound used only for H2S. paragraph (j)(2) of this section, where (7) Are there any other requirements (2) What documentation do I need? atmospheric concentrations of H2S You must keep records of attendance for visual or audible warning devices? could reach 20 ppm or more. You must for: Yes, you must: have at least one sensor per 400 square (i) Drilling, well-completion, and (i) Illuminate all signs and flags at feet of deck area or fractional part of 400 well-workover operations at the facility night and under conditions of poor square feet; until operations are completed; and visibility; and (ii) You must have a sensor in (ii) Production operations at the (ii) Use warning devices that are buildings where personnel have their facility or at the nearest field office for suitable for the electrical classification living quarters; 1 year. of the area. (iii) You must have a sensor within 10 (i) Visual and audible warning (8) What actions must I take when the feet of each vessel, compressor, systems—(1) How must I install wind alarms are activated? When the warning wellhead, manifold, or pump, which devices are activated, the designated direction equipment? You must install could release enough H2S to result in wind-direction equipment in a location responsible persons must inform atmospheric concentrations of 20 ppm visible at all times to individuals on or personnel of the level of danger and at a distance of 10 feet from the in the immediate vicinity of the facility. issue instructions on the initiation of component; (2) When do I need to display appropriate protective measures. (iv) You may use one sensor to detect (j) H S-detection and H S monitoring operational danger signs, display flags, 2 2 H2S around multiple pieces of equipment.—(1) What are the or activate visual or audible alarms? equipment, provided the sensor is requirements for an H S detection (i) You must display warning signs at 2 located no more than 10 feet from each system? An H S detection system must: all times on facilities with wells capable 2 piece, except that you need to use at (i) Be capable of sensing a minimum of producing H S and on facilities that least two sensors to monitor 2 of 10 ppm of H S in the atmosphere; process gas containing H S in 2 compressors exceeding 50 horsepower; 2 and concentrations of 20 ppm or more. (v) You do not need to have sensors (ii) Activate audible and visual alarms near wells that are shut in at the master (ii) In addition to the signs, you must when the concentration of H S in the activate audible alarms and display flags 2 valve and sealed closed; atmosphere reaches 20 ppm. (vi) When you determine where to or activate flashing red lights when (2) Where must I have sensors for place sensors, you must consider: atmospheric concentration of H2S drilling, well-completion, and well- (A) The location of system fittings, reaches 20 ppm. workover operations? You must locate flanges, valves, and other devices (3) What are the requirements for sensors at the: subject to leaks to the atmosphere; and signs? Each sign must be a high- (i) Bell nipple; (B) Design factors, such as the type of visibility yellow color with black (ii) Mud-return line receiver tank decking and the location of fire walls; lettering as follows: (possum belly); and (iii) Pipe-trip tank; (vii) The District Supervisor may Letter height Wording (iv) Shale shaker; require additional sensors or other (v) Well-control fluid pit area; 12 inches ...... Danger. monitoring capabilities, if warranted by Poisonous Gas. (vi) Driller’s station; site specific conditions. Hydrogen Sulfide. (vii) Living quarters; and (6) How must I functionally test the 7 inches ...... Do not approach if (viii) All other areas where H2S may H2S Detectors? red flag is flying. accumulate. (i) Personnel trained to calibrate the (Use appropriate Do not approach if (3) Do I need mud sensors? The particular H2S detector equipment being wording at right). red lights are flash- District Supervisor may require mud used must test detectors by exposing ing. sensors in the possum belly in cases them to a known concentration in the where the ambient air sensors in the range of 10 to 30 ppm of H2S. (4) May I use existing signs? You may mud-return system do not consistently (ii) If the results of any functional test use existing signs containing the words detect the presence of H2S. are not within 2 ppm or 10 percent, ‘‘Danger-Hydrogen Sulfide-H2S,’’ (4) How often must I observe the whichever is greater, of the applied provided the words ‘‘Poisonous Gas. Do sensors? During drilling, well- concentration, recalibrate the Not Approach if Red Flag is Flying’’ or completion and well-workover instrument. ‘‘Red Lights are Flashing’’ in lettering of operations, you must continuously (7) How often must I test my a minimum of 7 inches in height are observe the H2S levels indicated by the detectors? 3798 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations

(i) When conducting drilling, drill Contingency Plan if the SO2 provided the compressor suction is stem testing, well-completion, or well- concentration in the work area reaches located in an uncontaminated workover operations in areas classified 2 ppm; and atmosphere. as H2S present or H2S unknown, test all (iv) Calibrate devices every 3 months (k) Personnel safety equipment.—(1) detectors at least once every 24 hours. if you use fixed or portable electronic What additional personnel-safety When drilling, begin functional testing sensing devices to detect SO2. equipment do I need? You must ensure before the bit is 1,500 feet (vertically) (12) May I use alternative measures? that your facility has: above the potential H2S zone. You may follow alternative measures (i) Portable H2S detectors capable of (ii) When conducting production instead of those in paragraph (j)(11) of detecting a 10 ppm concentration of H2S operations, test all detectors at least this section if you propose and the in the air available for use by all every 14 days between tests. Regional Supervisor approves the personnel; (iii) If equipment requires calibration alternative measures. (ii) Retrieval ropes with safety as a result of two consecutive functional (13) What are the requirements for harnesses to retrieve incapacitated tests, the District Supervisor may protective-breathing equipment? In an personnel from contaminated areas; require that H2S-detection and H2S- area classified as H2S present or H2S (iii) Chalkboards and/or note pads for monitoring equipment be functionally unknown, you must: communication purposes located on the tested and calibrated more frequently. (i) Provide all personnel, including rig floor, shale-shaker area, the cement- (8) What documentation must I keep? contractors and visitors on a facility, pump rooms, well-bay areas, production (i) You must maintain records of with immediate access to self-contained processing equipment area, gas testing and calibrations (in the drilling pressure-demand-type respirators with compressor area, and pipeline-pump or production operations report, as hoseline capability and breathing time area; applicable) at the facility to show the of at least 15 minutes. (iv) Bull horns and flashing lights; present status and history of each (ii) Design, select, use, and maintain and device, including dates and details respirators to conform to ANSI Z88.2, (v) At least three resuscitators on concerning: American National Standard for manned facilities, and a number equal (A) Installation; Respiratory Protection. to the personnel on board, not to exceed (B) Removal; (iii) Make available at least two voice- three, on normally unmanned facilities, (C) Inspection; transmission devices, which can be complete with face masks, oxygen (D) Repairs; used while wearing a respirator, for use (E) Adjustments; and bottles, and spare oxygen bottles. (F) Reinstallation. by designated personnel. (2) What are the requirements for (ii) Records must be available for (iv) Make spectacle kits available as ventilation equipment? You must: inspection by MMS personnel. needed. (i) Use only explosion-proof (9) What are the requirements for (v) Store protective-breathing ventilation devices; nearby vessels? If vessels are stationed equipment in a location that is quickly (ii) Install ventilation devices in areas overnight alongside facilities in areas of and easily accessible to all personnel. where H2S or SO2 may accumulate; and (vi) Label all breathing-air bottles as (iii) Provide movable ventilation H2S present or H2S unknown, you must containing breathing-quality air for devices in work areas. The movable equip vessels with an H2S-detection system that activates audible and visual human use. ventilation devices must be (vii) Ensure that vessels attendant to alarms when the concentration of H S in multidirectional and capable of 2 facilities carry appropriate protective- the atmosphere reaches 20 ppm. This dispersing H2S or SO2 vapors away from requirement does not apply to vessels breathing equipment for each crew working personnel. positioned upwind and at a safe member. The District Supervisor may (3) What other personnel safety distance from the facility in accordance require additional protective-breathing equipment do I need? You must have with the positioning procedure equipment on certain vessels attendant the following equipment readily to the facility. described in the approved H2S available on each facility: Contingency Plan. (viii) During H2S alerts, limit (i) A first-aid kit of appropriate size (10) What are the requirements for helicopter flights to and from facilities and content for the number of personnel nearby facilities? The District to the conditions specified in the H2S on the facility; and Supervisor may require you to equip Contingency Plan. During authorized (ii) At least one litter or an equivalent nearby facilities with portable or fixed flights, the flight crew and passengers device. must use pressure-demand-type H2S detector(s) and to test and calibrate (l) Do I need to notify MMS in the those detectors. To invoke this respirators. You must train all members event of an H2S release? You must requirement, the District Supervisor will of flight crews in the use of the notify MMS without delay in the event consider dispersion modeling results particular type(s) of respirator of a gas release which results in a 15- from a possible release to determine if equipment made available. minute time weighted average (ix) As appropriate to the particular 20 ppm H2S concentration levels could atmospheric concentration of H2S of 20 be exceeded at nearby facilities. operation(s), (production, drilling, well- ppm or more anywhere on the facility. (11) What must I do to protect against completion or well-workover (m) Do I need to use special drilling, SO2 if I burn gas containing H2S? You operations, or any combination of completion and workover fluids or must: them), provide a system of breathing-air procedures? When working in an area (i) Monitor the SO2 concentration in manifolds, hoses, and masks at the classified as H2S present or H2S the air with portable or strategically facility and the briefing areas. You must unknown: placed fixed devices capable of provide a cascade air-bottle system for (1) You may use either water- or oil- detecting a minimum of 2 ppm of SO2; the breathing-air manifolds to refill base muds in accordance with (ii) Take readings at least hourly and individual protective-breathing § 250.40(b)(1). at any time personnel detect SO2 odor apparatus bottles. The cascade air-bottle (2) If you use water-base well-control or nasal irritation; system may be recharged by a high- fluids, and if ambient air sensors detect (iii) Implement the personnel pressure compressor suitable for H2S, you must immediately conduct protective measures specified in the H2S providing breathing-quality air, either the Garrett-Gas-Train test or a Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations 3799 comparable test for soluble sulfides to will be on the facility during the test. At packers and bridge plugs that are confirm the presence of H2S. the meetings, emphasize the use of designed for H2S service. (3) If the concentration detected by air protective-breathing equipment, first-aid (4) When producing in zones bearing sensors in over 20 ppm, personnel procedures, and the Contingency Plan. H2S, use equipment constructed of conducting the tests must don Only competent personnel who are materials capable of resisting or protective-breathing equipment trained and are knowledgeable of the preventing sulfide stress cracking. conforming to paragraph (j)(13) of this hazardous effects of H2S must be (5) Keep the use of welding to a section. engaged in these tests. minimum during the installation or (4) You must maintain on the facility (2) Perform well testing with the modification of a production facility. sufficient quantities of additives for the minimum number of personnel in the Welding must be done in a manner that control of H2S, well-control fluid pH, immediate vicinity of the rig floor and ensures resistance to sulfide stress and corrosion equipment. with the appropriate test equipment to cracking. (i) Scavengers. You must have safely and adequately perform the test. (q) General requirements when scavengers for control of H2S available During the test, you must continuously operating in an H2S zone—(1) Coring operations. When you conduct coring on the facility. When H2S is detected, monitor H2S levels. you must add scavengers as needed. (3) Not burn produced gases except operations in H2S-bearing zones, all You must suspend drilling until the through a flare which meets the personnel in the working area must scavenger is circulated throughout the requirements of paragraph (q)(6) of this wear protective-breathing equipment at system. section. Before flaring gas containing least 10 stands in advance of retrieving the core barrel. Cores to be transported (ii) Control pH. You must add H S, you must activate SO monitoring 2 2 must be sealed and marked for the additives for the control of pH to water- equipment in accordance with presence of H S. base well-control fluids in sufficient paragraph (j)(11) of this section. If you 2 (2) Logging operations. You must treat quantities to maintain pH of at least detect SO in excess of 2 ppm, you must 2 and condition well-control fluid in use 10.0. implement the personnel protective for logging operations to minimize the (iii) Corrosion inhibitors. You must measures in your H S Contingency Plan, 2 effects of H S on the logging equipment. add additives to the well-control fluid required by paragraph (f)(13)(iv) of this 2 system as needed for the control of (3) Stripping operations. Personnel section. You must also follow the must monitor displaced well-control corrosion. requirements of § 250.175. You must (5) You must degas well-control fluids fluid returns and wear protective- pipe gases from stored test fluids into containing H S at the optimum location breathing equipment in the working 2 the flare outlet and burn them. for the particular facility. You must area when the atmospheric (4) Use downhole test tools and collect the gases removed and burn concentration of H2S reaches 20 ppm or wellhead equipment suitable for H S them in a closed flare system 2 if the well is under pressure. service. conforming to paragraph (q)(6) of this (4) Gas-cut well-control fluid or well (5) Use tubulars suitable for H S section. 2 kick from H2S-bearing zone. If you (n) What must I do in the event of a service. You must not use drill pipe for decide to circulate out a kick, personnel kick? In the event of a kick, you must well testing without the prior approval in the working area during bottoms-up use one of the following alternatives to of the District Supervisor. Water and extended-kill operations must wear dispose of the well-influx fluids giving cushions must be thoroughly inhibited protective-breathing equipment. consideration to personnel safety, in order to prevent H2S attack on metals. (5) Drill- and workover-string design possible environmental damage, and You must flush the test string fluid and precautions. Drill- and workover- possible facility well-equipment treated for this purpose after completion strings must be designed consistent with damage: of the test. the anticipated depth, conditions of the (1) Contain the well-fluid influx by (6) Use surface test units and related hole, and reservoir environment to be shutting in the well and pumping the equipment that is designed for H2S encountered. You must minimize fluids back into the formation. service. exposure of the drill- or workover-string (2) Control the kick by using (p) Metallurgical properties of to high stresses as much as practical and appropriate well-control techniques to equipment. When operating in a zone consistent with well conditions. Proper prevent formation fracturing in an open with H2S present, you must use handling techniques mut be taken to hole within the pressure limits of the equipment that is constructed of minimize notching and stress well equipment (drill pipe, work string, materials with metallurgical properties concentrations. Precautions must be casing, wellhead, BOP system, and that resist or prevent sulfide stress taken to minimize stresses caused by related equipment). The disposal of H2S cracking (also known as hydrogen doglegs, improper stiffness ratios, and other gases must be through embrittlement, stress corrosion cracking, improper torque, whip, abrasive wear pressurized or atmospheric mud- or H2S embrittlement), chloride-stress on tool joints, and joint imbalance. separator equipment depending on cracking, hydrogen-induced cracking, (6) Flare system. The flare outlet must volume, pressure and concentration of and other failure modes. You must do be of a diameter that allows easy H2S. The equipment must be designed all of the following: nonrestricted flow of gas. You must to recover well-control fluids and burn (1) Use tubulars and other equipment, locate flare line outlets on the downside the gases separated from the well- casing, tubing, drill pipe, couplings, of the facility and as far from the facility control fluid. The well-control fluid flanges, and related equipment that is as is feasible, taking into account the must be treated to neutralize H2S and designed for H2S service. prevailing wind directions, the wake restore and maintain the proper quality. (2) Use BOP system components, effects caused by the facility and (o) Well testing in a zone known to wellhead, pressure-control equipment, adjacent structure(s), and the height of contain H2S. When testing a well in a and related equipment exposed to H2S- all such facilities and structures. You zone with H2S present, you must do all bearing fluids that conform to NACE must equip the flare outlet with an of the following: Standard MR.01–75–96. automatic ignition system including a (1) Before starting a well test, conduct (3) Use temporary downhole well- pilot-light gas source or an equivalent safety meetings for all personnel who security devices such as retrievable system. You must have alternate 3800 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations methods for igniting the flare. You must Regional Supervisor may, for safety or matter for the Spokane and Wallula, pipe to the flare system used for H2S all air pollution prevention purposes, Washington, particulate matter vents from production process further restrict the flaring of gas nonattainment areas. EPA is also equipment, tanks, relief valves, burst containing H2S. The Regional granting temporary waivers of the plates, and similar devices. Supervisor will use information attainment date for both areas. This (7) Corrosion mitigation. You must provided in the lessee’s H2S action extends the attainment date for use effective means of monitoring and Contingency Plan (§ 250.67(f)), particulate matter air pollution from controlling corrosion caused by acid Exploration Plan or Development and December 31, 1994, to December 31, gases (H2S and CO2) in both the Production Plan, and associated 1997, in both nonattainment areas. The downhole and surface portions of a documents in determining the need for granting of the temporary waivers will production system. You must take such restrictions. provide the Washington Department of specific corrosion monitoring and (ii) If the Regional Supervisor Ecology (Ecology) time to complete mitigating measures in areas of determines that flaring at a facility or technical evaluations of the unusually severe corrosion where group of facilities may significantly anthropogenic and nonanthropogenic accumulation of water and/or higher affect the air quality of an onshore area, sources of windblown dust in the area. concentration of H2S exists. the Regional Supervisor may require the The purpose of the submitted revisions (8) Wireline lubricators. Lubricators operator(s) to conduct an air quality is to bring about the attainment of the which may be exposed to fluids modeling analysis to determine the national ambient air quality standards containing H2S must be of H2S-resistant potential effect of facility emissions on (NAAQS) for particulate matter with an materials. onshore ambient concentrations of SO2. aerodynamic diameter less than or equal (9) Fuel and/or instrument gas. You The Regional Supervisor may require to a nominal 10 micrometers (PM10). must not use gas containing H2S for monitoring and reporting or may restrict The implementation plans were instrument gas. You must not use gas or prohibit flaring pursuant to §§ 250.45 submitted by Ecology to satisfy certain containing H2S for fuel gas without the and 250.46. federal Clean Air Act requirements for prior approval of the District (2) Venting of gas containing H2S. an approvable moderate PM10 Supervisor. You must not vent gas containing H2S nonattainment area SIPs for Spokane (10) Sensing lines and devices. Metals except for minor releases during and Wallula, Washington. used for sensing line and safety-control maintenance and repair activities that EFFECTIVE DATE: March 28, 1997. devices which are necessarily exposed do not result in a 15-minute time ADDRESSES: Written comments should to H2S-bearing fluids must be weighted average atmospheric be addressed to: Montel Livingston, SIP constructed of H2S-corrosion resistant concentration of H S of 20 ppm or 2 Manager, EPA, Office of Air Quality materials or coated so as to resist H2S higher anywhere on the platform. corrosion. (3) Reporting flared gas containing (OAQ 107), 1200 Sixth Avenue, Seattle, Washington 98101. (11) Elastomer seals. You must use H2S. In addition to the recordkeeping H2S-resistant materials for all seals requirements of paragraphs (d) and (e) Copies of the State’s request and other which may be exposed to fluids of this section, when required by the information supporting this proposed containing H2S. Regional Supervisor, the operator must action are available for inspection (12) Water disposal. If you dispose of submit to the Regional Supervisor a during normal business hours at the produced water by means other than monthly report of flared and vented gas following locations: EPA, Office of Air subsurface injection, you must submit to Quality, 1200 Sixth Avenue (AT–082), containing H2S. The report must contain the District Supervisor an analysis of the the following information: Seattle, Washington 98101, and State of anticipated H2S content of the water at (i) On a daily basis, the volume and Washington Department of Ecology, 300 the final treatment vessel and at the duration of each flaring episode; Desmond Drive, Lacey, Washington discharge point. The District Supervisor 98503. (ii) H2S concentration in the flared may require that the water be treated for gas; and FOR FURTHER INFORMATION CONTACT: removal of H2S. The District Supervisor (iii) Calculated amount of SO2 George Lauderdale, Office of Air Quality may require the submittal of an updated emitted. (AT–082), EPA, Region 10, Seattle, analysis if the water disposal rate or the Washington 98101, (206) 553–6511. [FR Doc. 97–1465 Filed 1–24–97; 8:45 am] potential H2S content increases. (13) Deck drains. You must equip BILLING CODE 4310±MR±M SUPPLEMENTARY INFORMATION: open deck drains with traps or similar I. Background devices to prevent the escape of H2S gas into the atmosphere. ENVIRONMENTAL PROTECTION The Spokane and Wallula, (14) Sealed voids. You must take AGENCY Washington areas were designated precautions to eliminate sealed spaces nonattainment for PM–10 and classified in piping designs (e.g., slip-on flanges, 40 CFR Part 52 as moderate under sections 107(d)(4)(B) reinforcing pads) which can be invaded and 188(a) of the Clean Air Act, upon [WA7±1±5542; WA38±1±6974; FRL±5675±7] enactment of the Clean Air Act by atomic hydrogen when H2S is 1 present. Approval and Promulgation of State Amendments of 1990. See 56 FR 56694 5. In § 250.175, the section heading is Implementation Plans; Washington (November 6, 1991). The air quality revised and paragraph (f) is added to planning requirements for moderate read as follows: AGENCY: Environmental Protection PM10 nonattainment areas are set out in Agency. subparts 1 and 4 of Part D, Title I of the § 250.175 Flaring or venting gas and ACTION: Final rule. burning liquid hydrocarbons. 1 The 1990 Amendments to the Clean Air Act * * * * * SUMMARY: The Environmental Protection made significant changes to the Act. See Pub. L. No. (f) Requirements for flaring and Agency (EPA) is approving portions of 101–549, 104 Stat. 2399. References herein are to the Clean Air Act, as amended (‘‘the Act’’). The venting of gas containing H2S—(1) Washington State Implementation Plan Clean Air Act is codified, as amended, in the U.S. Flaring of gas containing H2S. (i) The revision submittals for particulate Code at 42 U.S.C. sections 7401, et seq. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations 3801

Act.2 EPA has issued a ‘‘General NAAQS in the area. See sections 172(c), EPA should apply the new Natural Preamble’’ describing EPA’s preliminary 188, and 189 of the Act. Events Policy after expiration of the views on how EPA intends to review temporary waiver. II. Response To Comments SIP’s and SIP revisions submitted under Response: Specific issues regarding Title I of the Act, including those state EPA received four letters containing the application of the Natural Events submittals containing materials to comments on the July 9, 1996, proposal Policy to the Spokane and/or Wallula satisfy moderate PM10 nonattainment for Spokane (61 FR 35998). All nonattainment areas is not within the area SIP requirements. See generally 57 comments were either positive in purpose and scope of this rulemaking. FR 13498 (April 16, 1992); see also 57 nature, requested further explanation on EPA intends to address the above FR 18070 (April 28, 1992). certain aspects of the proposed comments along with other issues EPA published its proposed approval rulemaking, or indicated minor factual related to the application of the policy, of the moderate nonattainment area errors in the proposal. EPA appreciates in close cooperation with both SCAPCA PM–10 SIP for Spokane, Washington on the positive comments received from and Ecology in the near future. July 9, 1996 (61 FR 35998–36004). On the Spokane Chamber of Commerce, Comment: SCAPCA’s final comment December 8, 1995, EPA announced its City of Spokane, Kaiser Aluminum and related to the federal enforceability of # proposed approval of the moderate the Spokane County Air Pollution the SCAPCA Orders 96–03, 96–04, # # nonattainment area PM10 SIP for Control Authority (SCAPCA). 96–05 and 96–06 (all dated April 24, Wallula, Washington (60 FR 63019– Comment: Both the City of Spokane 1996) which lowered the potential to 63023). In those rulemaking actions, and the Spokane Area Chamber of emit for the Kaiser Aluminum— EPA described its interpretations of Commerce letters, while generally Trentwood facility. SCAPCA reasoned Title 1 and its rationale for proposing to supportive of EPA’s proposal, that since the orders were issued under approve temporary waivers of the PM– commented that they consider using WAC 173–400–091, ‘‘Voluntary Limits 10 attainment date for the Spokane and less traction sand and additional street on Emissions’’, they were automatically Wallula areas taking into consideration sweeping as reasonable but an unfunded adopted into the SIP and therefore there the specific factual issues presented. federal mandate. was no need for EPA to specifically Those states containing initial Response: EPA understands the adopt the orders into the Spokane concern about costs of implementing moderate PM10 nonattainment areas nonattainment area SIP. (those areas designated nonattainment these measures; however, it is necessary Response: WAC–173–400–091 under section 107(d)(4)(B)) were to point out that the federal Clean Air provides that an order issued under its required to submit an implementation Act does not mandate specific control authority shall be federally enforceable. plan that includes, among other things, measures for particulates. Under the However, the fact that the requirements the following by November 15, 1991: CAA, the state and local governments of the orders may be federally 1. Provisions to assure that reasonably determine which sources of particulates enforceable does not make them available control measures (RACM) are to be controlled and how those federally enforceable without EPA (including such reductions in emissions controls will be implemented. In approval of the orders as part of the SIP. from existing sources in the area as may Spokane’s situation several miles of Since these orders were submitted as be obtained through the adoption, at a unpaved roads were paved using federal part of the state’s SIP revision, EPA is minimum, of reasonably available Department of Transportation funding acting to approve submittals that are control technology (RACT)) shall be and it is EPA’s understanding that the consistent with the Act. Under the Act, implemented no later than December purchase of street sweepers can be an EPA must approve SIPs in order to 10, 1993; eligible cost under certain conditions. assure that the SIP requirements will be 2. Either a demonstration (including EPA encourages the city to further both federally enforceable and air quality modeling) that the plan will investigate that funding source. permanent. SCAPCA issues orders provide for attainment as expeditiously Comment: SCAPCA pointed out that a under WAC 173–400–091 at the request as practicable but no later than SCAPCA regulation for controlling of a source to limit a source’s potential December 31, 1994, or a demonstration emissions from paved surfaces should to emit, but SCAPCA also must revise or that attainment by that date is be referenced. revoke the orders if the source proposes Response: EPA is adopting into the impracticable; to deviate from any conditions in the 3. Quantitative milestones which are SIP Section 6.14 of SCAPCA Regulation order, so long as those limits are less to be achieved every three years and 1, as the control measure for paved than the limits approved into the SIP. which demonstrate reasonable further roads. Here, SCAPCA relies upon the potential Comment: SCAPCA provided two progress (RFP) toward attainment by to emit limitations of these orders in its comments regarding the new Natural December 31, 1994; and attainment demonstration. The Clean 4. Provisions to assure that the control Events Policy (May 30, 1996, Air Act requires that emission requirements applicable to major Memorandum from Mary D. Nichols, limitations and other measures relied on Assistant Administrator for Air and stationary sources of PM also apply to to ensure attainment and maintenance 10 Radiation, regarding ‘‘Areas Affected by major stationary sources of PM of the NAAQS be permanent. The 10 PM–10 Natural Events’’). First, SCAPCA precursors except where the voluntary nature of orders issued questioned the EPA requirement that Administrator determines that such pursuant to WAC 173–400–091 does not RACM for nonanthropogenic sources of ensure permanence of the potential to sources do not contribute significantly PM–10 be evaluated as part of the emit limits for the Kaiser Trentwood to PM levels which exceed the 10 Columbia Plateau PM–10 study. facility. Even though there is no reason 2 Subpart 1 contains provisions applicable to SCAPCA’s interpretation of the new to think the source would choose to nonattainment areas generally and subpart 4 policy is that EPA will not impose increase the voluntary limits, the source contains provisions specifically applicable to PM– RACM requirements on could request and, under state law, 10 nonattainment areas. At times, subpart 1 and nonanthropogenic sources. The second SCAPCA would revise or revoke those subpart 4 overlap or conflict. EPA has attempted to clarify the relationship among these provisions in comment related to the options limits without seeking EPA approval. the ‘‘General Preamble’’ and, as appropriate, in available to EPA once the temporary Therefore, EPA is adopting the specific today’s notice and supporting information. waiver expires. SCAPCA thinks that April 24, 1996, orders as part of the 3802 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations

Spokane attainment plan in order to attain the 24-hour health standard Finally, EPA concludes that due to make them a permanent part of the because of exceedences that cannot be the small relative contribution of Washington SIP. Any changes to the primarily attributed to windblown stationary sources to both the Spokane conditions of the orders that would dust.’’ As required in the EPA guidance, and Wallula nonattainment areas, result in an increase in emissions above Ecology and EPA are proceeding under stationary sources of PM–10 precursors those specified in the order approved written agreements which include a provide an insignificant contribution to today will have to be approved by EPA protocol for both technical analysis the areas ambient PM–10 as a revision to the SIP. (emission inventory, emission factor concentrations. EPA grants the areas an EPA received no comments on its development, dispersion modeling, exclusion from PM–10 precursor control December 8, 1995, (60 FR 63019–63023) receptor modeling, etc.) and evaluation requirements authorized under section Federal Register proposal to approve of alternative control measures, 189(e) of the act for both nonattainment the Wallula moderate nonattainment including Best Available Control areas. Note that while EPA is making a area PM10 SIP as a revision. Measures. The activities required under general finding for the areas, this III. Today’s Action the protocol are generally referred to as finding is based on the current character the Columbia Plateau PM–10 Project of the areas including, for example, the Section 110(k) of the Act sets out funded by EPA, Ecology, and the U.S. existing mix of sources in the areas. It provisions governing EPA’s review of Department of Agriculture (USDA). is possible, therefore, that future growth SIP submittals (see 57 FR 13565–66). Today’s action does not relieve the could change the significance of For PM–10 nonattainment areas Section areas from the Clean Air Act precursors in the areas. 188(f) of the Act (Waivers for Certain requirement to implement RACM. In the Nothing in this action should be Areas) can apply as well. construed as permitting or allowing or In this action, EPA is granting a Spokane situation, EPA has concluded establishing a precedent for any future temporary waiver of the attainment date that agricultural windblown dust, request for revision to any state for the Spokane and the Wallula residential wood combustion, and implementation plan. Each request for nonattainment areas. Specific paved and unpaved roads have been revision to the state implementation discussion of EPA’s requirements for a reasonably controlled. In the Wallula plan shall be considered separately in temporary waiver are detailed in 59 FR situation, EPA has concluded that the light of specific technical, economic, 41998–42017 (August 16, 1994). This dominant significant source of PM–10, EPA guidance provides certain agricultural windblown dust, as well as and environmental factors and in flexibility for areas where the relative the two less significant sources, Boise relation to relevant statutory and significance of anthropogenic and Cascade papermill and Simplot Feeders regulatory requirements. nonanthropogenic sources is unknown. Limited Partnership feedlot, in the IV. Administrative Review Ecology has presented preliminary data, nonattainment area have been based on an analysis of the relative reasonably controlled. Thus, EPA thinks A. Executive Order 12866 contributions of anthropogenic and it would not be reasonable to require This action has been classified as a nonanthropogenic sources of PM–10 other smaller sources of PM–10 in the Table 3 action for signature by the contributing to eastern Washington areas to implement potentially available Regional Administrator under the exceedences, indicating that control measures or technology. Further, procedures published in the Federal nonanthropogenic sources may be EPA believes implementation of such Register on January 19, 1989 (54 FR significant in the Spokane and Wallula additional controls in the areas would 2214–2225), as revised by a July 10, nonattainment areas during windblown not expedite attainment. 1995 memorandum from Mary Nichols, dust events. EPA accepts this The 1991 SIP revision for Wallula Assistant Administrator for Air and preliminary information and grants contained a commitment from Ecology Radiation. The Office of Management temporary waivers of the moderate area to adopt provisions of the federal Food and Budget (OMB) has exempted this attainment date to December 31, 1997 to Security Act (FSA) into state regulation. regulatory action from E.O. 12866 allow Ecology to evaluate further the Although Ecology did not develop such review. Spokane and Wallula nonattainment a regulation EPA now determines that areas. Once that evaluation is Ecology need not develop, adopt and B. Regulatory Flexibility Act completed, and/or the temporary waiver submit state regulations that accomplish Under the Regulatory Flexibility Act, expires, EPA will make final the same results as the current federal 5 U.S.C. 600 et seq., EPA must prepare determinations on the designations and law and regulations. Such action would a regulatory flexibility analysis other requirements. be unnecessary since the federal assessing the impact of any proposed or The Memorandum of Agreement government (U.S. Department of final rule on small entities. 5 U.S.C. 603 signed in August 1995, by Chuck Clarke, Agriculture) has the primary and 604. Alternatively, EPA may certify Regional Administrator EPA, Region 10, responsibility for implementation, and that the rule will not have a significant and Mary Riveland, Director, enforcement, of provisions of the FSA. impact on a substantial number of small Washington State Department of EPA’s approval of the temporary entities. Small entities include small Ecology will be in effect though the waiver of the attainment date defers businesses, small not-for-profit temporary waiver timeframe. This approval/disapproval actions on several enterprises, and government entities agreement outlines the approach each otherwise required elements of the with jurisdiction over populations of agency will take in completing work on moderate area plans for both Spokane less than 50,000. the PM–10 problems in both the and Wallula. EPA will take final action SIP approvals under section 110 and Spokane and Wallula nonattainment on the attainment demonstration, subchapter I, part D of the Clean Air Act areas. The agreement states that ‘‘the emission inventory, and contingency do not create any new requirements but Spokane and Wallula nonattainment measures after the Columbia Plateau simply approve requirements that the areas will retain the classification of a analysis is completed and/or the State is already imposing. Therefore, moderate PM–10 nonattainment area, temporary waiver expires or if the new because the Federal SIP approval does until 12/31/97 unless PM–10 air quality natural events policy is applied to these not impose any new requirements, the data indicates that the area has failed to nonattainment areas. Administrator certifies that it does not Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations 3803 have a significant impact on any small Filing a petition for reconsideration by PM–10 Nonattainment Area, Reasonably entities affected. Moreover, due to the the Administrator of this final rule does Available Control Measure Analysis’’, nature of the Federal-State relationship not affect the finality of this rule for the further describing the control measures under the CAA, preparation of a purposes of judicial review nor does it being implemented in the area; June 23, flexibility analysis would constitute extend the time within which a petition 1994 letter from WDOE providing Federal inquiry into the economic for judicial review may be filed, and additional information describing the reasonableness of state action. The shall not postpone the effectiveness of status of the control measures and Clean Air Act forbids EPA to base its such rule or action. This action may not forwarding an analysis of windblown actions concerning SIPs on such be challenged later in proceedings to dust in the area; April 28 and May 18, grounds. Union Electric Co. v. U.S. EPA, enforce its requirements. (See section 1995, letters from WDOE to EPA Region 427 U.S. 246, 255–66 (1976); 42 U.S.C. 307(b)(2).) 10, providing additional information on 7410(a)(2). the allowable and fugitive emissions for List of Subjects in 40 CFR Part 52 C. Unfunded Mandates point sources and air quality dispersion Environmental Protection, Air modeling; June 1, 1995, letter from Under Section 202 of the Unfunded pollution control, Incorporation by WDOE providing information on Mandates Reform Act of 1995 reference, Intergovernmental relations, allowable emissions; and a September 6, (‘‘Unfunded Mandates Act’’), signed Particulate matter. 1995, letter from WDOE forwarding a into law on March 22, 1995, EPA must Note: Incorporation by reference of the revised emission inventory for point prepare a budgetary impact statement to Implementation Plan for the State of sources within the Wallula accompany any proposed or final rule Washington was approved by the Director of nonattainment area. that includes a Federal mandate that the Office of Federal Register on July 1, 1982. (B) December 9, 1994, letter from may result in estimated costs to State, Dated: December 23, 1996. WDOE submitting the Spokane PM10 local, or tribal governments in the Chuck Clarke, aggregate; or to private sector, of $100 Attainment Plan (including Appendices Regional Administrator. million or more. Under Section 205, ‘‘C’’ (Analysis of PM10 Data/ EPA must select the most cost-effective Part 52, chapter I, title 40 of the Code Exceedances of the 24-Hour Standard), and least burdensome alternative that of Federal Regulations is amended as ‘‘E’’ (Detailed Analysis of Dust Storms/ achieves the objectives of the rule and follows: Analysis of the Impact of Biogenic PM10 Sources), ‘‘F’’ (Analysis of PM10 Data/ is consistent with statutory PART 52Ð[AMENDED] requirements. Section 203 requires EPA Exceedances of the 24–Hour Standard, to establish a plan for informing and 1. The authority citation for part 52 Excluding Dust Storms), ‘‘I’’ (Reasonable advising any small governments that continues to read as follows: Available Control Measures Analysis), ‘‘J,’’ (Additional Controls/Contingency may be significantly or uniquely Authority: 42 U.S.C. 7401–7671q. impacted by the rule. Measures), ‘‘K,’’ (Dispersion Modelling EPA has determined that the approval Subpart WWÐWashington and Attainment Demonstration), and action does not include a Federal ‘‘L,’’ (Demonstration of Attainment of mandate that may result in estimated 2. Section 52.2470 is amended by the Annual Standard)), dated December costs of $100 million or more to either adding paragraph (c)(69) to read as 1994, and adopted December 12, 1994; State, local, or tribal governments in the follows: (C) Spokane County Air Pollution aggregate, or to the private sector. This § 52.2470 Identification of plan. Control Authority (SCAPCA) Order No. Federal action approves pre-existing 91–01 providing for an alternate opacity * * * * * requirements under State or local law, limit for the Kaiser Aluminum and (c) * * * and imposes no new requirements. Chemical Corporation, Trentwood (69) EPA received from the Accordingly, no additional costs to aluminum facility; SCAPCA Orders 96– Washington Department of Ecology State, local, or tribal governments, or to 03, 96–04, 96–05 and 96–06 (all dated PM nonattainment area plans for the private sector, result from this 10 April 24, 1996) lowering the potential to Wallula and Spokane, Washington, as action. emit for the Kaiser Aluminum— revisions to the Washington state Trentwood facility; and D. Submission to Congress and the implementation plan. General Accounting Office (i) Incorporation by reference. (D) SCAPCA regulations: Article VI, Under 5 U.S.C. 801(a)(1)(A) as added (A) November 13, 1991 letter from section 6.05, ‘‘Particulate Matter and by the Small Business Regulatory Washington Department of Ecology Preventing Particulate Matter from Enforcement Fairness Act of 1996, EPA (WDOE) to EPA Region 10 submitting Becoming Airborne,’’ section 6.14, submitted a report containing this rule the State Implementation Plan for ‘‘Standards for Control of Particulate and other required information to the Particulate Matter in the Wallula Study Matter on Paved Surfaces,’’ and section U.S. Senate, the U.S. House of Area, A Plan for Attaining and 6.15, ‘‘Standards for Control of Representatives and the Comptroller Maintaining the National Ambient Air Particulate Matter on Unpaved Roads;’’ (effective November 12, 1993); and General of the General Accounting Quality Standard for PM10 (including Office prior to publication of the rule in Appendices ‘‘D’’ (Exceptional Events Article VIII, ‘‘Solid Fuel Burning Device today’s Federal Register. This rule is Analysis), ‘‘E’’ (Reasonably Available Standards,’’ (adopted April 7, 1988). not a ‘‘major rule’’ as defined by 5 Control Measure Analysis), ‘‘F’’ (ii) Additional material. U.S.C. section 804(2). (Reasonably Available Control (A) SCAPCA’s zoning ordinance Technical Analysis of Boise Cascade, E. Petitions for Judicial Review provisions requiring the paving of new Wallula), and ‘‘H’’ (Discussion of parking lots (4.17.059 and 4.802.080 of Under section 307(b)(1) of the Clean Modified Attainment Demonstration)), the Zoning Code of Spokane County, Air Act, petitions for judicial review of adopted November 14, 1991; May 18, dated 5/24/90). this action must be filed in the United 1993 letter from WDOE forwarding a States Court of Appeals for the report titled, ‘‘Addendum to the State [FR Doc. 97–1847 Filed 1–24–97; 8:45 am] appropriate circuit by March 28, 1997. Implementation Plan for the Wallula BILLING CODE 6560±50±P 3804 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations

40 CFR Part 52 areas in the ozone transport region to even if the effective date is delayed EPA apply RACT to major stationary sources believes that full approval is appropriate [Region 2 Docket No. NJ16±2±160, FRL± of NO . On October 2, 1995, EPA 5671±6] X because the unregulated emissions still published in the Federal Register (60 do not exceed a de minimis threshold. Approval and Promulgation of FR 51379) a Notice of Proposed Therefore, EPA has determined that Implementation Plans; Reasonably Rulemaking (NPR) proposing to approve New Jersey’s NOX RACT regulation Available Control Technology for Subchapter 19 and provided for a 30- conforms with EPA’s policy regarding Oxides of Nitrogen for the State of New day public comment period. EPA the approval of generic RACT Jersey received no comments regarding the provisions or rules, thereby allowing NPR. EPA to grant full approval to Subchapter AGENCY: Environmental Protection Subsequently, national policy 19. Agency (EPA). discussions regarding the approvability As stated above, full approval of ACTION: Final rule. of state regulations that contain generic Subchapter 19 will not relieve sources provisions in establishing RACT of the obligation to develop, submit and SUMMARY: The Environmental Protection requirements for major sources of NOX implement RACT level controls. Nor Agency (EPA) is approving a request by and/or volatile organic compounds will it relieve New Jersey of the New Jersey to revise its State (VOC) emissions resulted in additional obligation to ensure that all sources Implementation Plan (SIP) for ozone. Agency guidance. Generic provisions within the State comply with the NOX This revision of the SIP was submitted are those portions of a regulation which RACT requirements of the Act by by the State to satisfy Clean Air Act (the require the application of RACT to an adopting and implementing emission Act) requirements for adoption of rules emission point, but the degree of control limitations. The approval of Subchapter for the application of reasonably is not specified in the rule and is to be 19 requires that all major sources of available control technology (RACT) to determined on a case-by-case basis NOX must comply with RACT and this sources that emit oxides of nitrogen taking technological and economic requirement is enforceable by EPA as (NOX) in the entire State. EPA is factors into consideration. Under the well as citizen groups under Section 304 approving Subchapter 19, ‘‘Control and Act, these individually determined of the Act. If EPA determines that the Prohibition of Air Pollution From RACT limits would then need to be regulated sources and the State are not Oxides of Nitrogen.’’ submitted by a state as a SIP revision for complying with the requirement to EFFECTIVE DATE: This rule will be EPA approval. On November 7, 1996, adopt RACT, EPA could issue a SIP call effective February 26, 1997. EPA issued a policy memorandum or a finding of non-implementation of ADDRESSES: Copies of the State providing additional guidance for the SIP. submittal are available at the following approving regulations which contain addresses for inspection during normal these ‘‘generic provisions.’’ (Sally Conclusion business hours: Shaver memorandum to EPA Division EPA has evaluated Subchapter 19 for Environmental Protection Agency, Directors, ‘‘Approval Options for consistency with the Act’s provisions, Region 2 Office, Air Programs Branch, Generic RACT Rules Submitted to Meet EPA regulations and policy and has 290 Broadway, 25th Floor, New York, the non-CTG VOC RACT Requirement determined this regulation is fully RACT Requirements’’). New York 10007–1866 and Certain NOX approvable. Therefore, this rule makes EPA policy allows for the full New Jersey Department of final the action proposed at 60 FR 51379 approval of state generic RACT rules Environmental Protection, Office of dated October 2, 1995. prior to EPA approval of all major Air Quality Management, Bureau of source RACT determinations provided Administrative Requirements Air Pollution Control, 401 East State an analysis is completed that concludes Street, CN027, Trenton, New Jersey Executive Order 12866 that the remaining source RACT 08625 determinations involve a de minimis This action has been classified as a Environmental Protection Agency, Air level of NO emissions. Such an Table 3 action for signature by the and Radiation Docket and Information X approval does not exempt the remaining Regional Administrator under the Center, Air Docket (6102), 401 M sources from RACT; rather it is a de procedures published in the Federal Street, S.W., Washington, D.C. 20460 minimis deferral of the approval of Register on January 19, 1989 (54 FR FOR FURTHER INFORMATION CONTACT: Ted these case-by-case RACT limits. EPA 2214–2225), as revised by a July 10, Gardella, Environmental Engineer, Air has evaluated data provided by New 1995 memorandum from Mary Nichols, Programs Branch, Environmental Jersey and has determined that two Assistant Administrator for Air and Protection Agency, 290 Broadway, 25th percent of the NOX emissions subject to Radiation. The Office of Management Floor, New York, New York 10007– RACT controls have not yet been and Budget (OMB) has exempted this 1866, (212) 637–4249. regulated. EPA believes this amount to regulatory action from E.O. 12866 SUPPLEMENTARY INFORMATION: On be de minimis. The two percent de review. November 15, 1993, New Jersey minimis level is based on State Regulatory Flexibility Act submitted to EPA as a revision to its submitted SIP revisions covering 22 SIP, Subchapter 19, ‘‘Control and facilities (out of approximately 40) Under the Regulatory Flexibility Act, Prohibition of Air Pollution From whose RACT limits have been approved 5 U.S.C. 600 et seq., EPA must prepare Oxides of Nitrogen,’’ of Chapter 27, Title by EPA in a direct final action (See 62 a regulatory flexibility analysis 7 of the New Jersey Administrative Code FR 2581, January 17, 1997). New Jersey assessing the impact of any proposed or with an effective date of December 20, is preparing SIP revision requests for the final rule on small entities. 5 U.S.C. [603 1993. Subchapter 19 contains the NOX approximate 20 remaining sources and 604. Alternatively, EPA may certify RACT requirements for the State. The which account for the remaining two that the rule will not have a significant SIP revision was submitted to satisfy percent of NOX emissions. While EPA impact on a substantial number of small section 182(f) of the Act which requires has published a direct final approval for entities. Small entities include small states with ozone nonattainment areas 22 source specific SIP revisions and businesses, small not-for-profit classified moderate or above or with does not anticipate adverse comments, enterprises, and government Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations 3805 entities with jurisdiction over private sector. This federal action Dated: December 31, 1996. populations of less than 50,000. approves pre-existing requirements William J. Muszynski, SIP approvals under section 110 and under state or local law, and imposes no Deputy Regional Administrator. subchapter I, part D of the Act do not new requirements. Accordingly, no Part 52, chapter I, title 40 of the Code create any new requirements but simply additional annual costs to state, local, or of Federal Regulations is amended as approve requirements that a state is tribal governments, or to the private follows: already imposing. Therefore, because sector, result from this action. the federal SIP approval does not PART 52Ð[AMENDED] impose any new requirements, I certify Submission to Congress and the General Accounting Office that it does not have a significant impact 1. The authority citation for part 52 on any small entities affected. Moreover, Under 5 U.S.C. 801(a)(1)(A), as added continues to read as follows: due to the nature of the Federal-State by the Small Business Regulatory Authority: 42 U.S.C. 7401–7671q. relationship under the Act, preparation Enforcement Fairness Act of 1996, EPA of a flexibility analysis would constitute submitted a report containing this rule Subpart FFÐNew Jersey federal inquiry into the economic and other required information to the reasonableness of state action. The Act U.S. Senate, the U.S. House of 2. Section 52.1570 is amended by forbids EPA to base its actions Representatives and the Comptroller adding new paragraph (c)(60) to read as concerning SIPs on such grounds. General of the General Accounting follows: Union Electric Co. v. U.S. EPA, 427 U.S. Office prior to publication of the rule in 246, 255–66 (1976); 42 U.S.C. § 52.1570 Identification of plan. today’s Federal Register. This rule is * * * * * 7410(a)(2). not a ‘‘major rule’’ as defined by 5 (c) * * * Unfunded Mandates U.S.C. 804(2). (60) A revision to the New Jersey State Under section 202 of the Unfunded Petitions for Judicial Review Implementation Plan (SIP) for ozone for Mandates Reform Act of 1995 adoption of rules for application of (‘‘Unfunded Mandates Act’’), signed Under section 307(b)(1) of the Act, reasonably available control technology petitions for judicial review of this into law on March 22, 1995, EPA must (RACT) for oxides of nitrogen (NOX) prepare a budgetary impact statement to action must be filed in the United States dated November 15, 1993, submitted by accompany any proposed or final rule Court of Appeals for the appropriate the New Jersey Department of that includes a Federal mandate that circuit by March 28, 1997. Filing a Environmental Protection and Energy. may result in estimated annual costs to petition for reconsideration by the (i) Incorporation by reference: Administrator of this final rule does not state, local, or tribal governments in the (A) Title 7, Chapter 27, Subchapter affect the finality of this rule for the aggregate; or to private sector, of $100 19, of the New Jersey Administrative purposes of judicial review nor does it million or more. Under Section 205, Code entitled ‘‘Control and Prohibition extend the time within which a petition EPA must select the most cost-effective of Air Pollution from Oxides of for judicial review may be filed, and and least burdensome alternative that Nitrogen,’’ effective December 20, 1993. shall not postpone the effectiveness of achieves the objectives of the rule and (ii) Additional information: is consistent with statutory such rule or action. This action may not be challenged later in proceedings to (A) November 15, 1993 letter from requirements. Section 203 requires EPA Jeanne Fox, NJDEPE, to William J. to establish a plan for informing and enforce its requirements. (See section 307(b)(2).) Muszynski, EPA, requesting EPA advising any small governments that approval of Subchapter 19. may be significantly or uniquely List of Subjects in 40 CFR Part 52 3. Section 52.1605 is amended by impacted by the rule. adding a new entry for Subchapter 19 EPA has determined that the approval Environmental protection, Air under the heading ‘‘Title 7, Chapter 27’’ action promulgated does not include a pollution control, Incorporation by to the table in numerical order to read federal mandate that may result in reference, Nitrogen dioxide, Ozone, as follows: estimated annual costs of $100 million Reporting and recordkeeping or more to either state, local, or tribal requirements, Volatile organic § 52.1605 EPAÐapproved New Jersey governments in the aggregate, or to the compounds. regulations.

EPA approved State regulation State effective date date Comments

******* Title 7, Chapter 27

******* Subchapter 19, ``Control and Prohibition of Air Pollution from Oxides of Nitro- Dec. 20, 1993 ...... [January 27, 1997 gen.''. and FR page ci- tation]

******* 3806 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations

[FR Doc. 97–1845 Filed 1–24–97; 8:45 am] Federal Aviation Act of 1958, as amended (49 responsible for the investigation. If the BILLING CODE 6560±50±P U.S.C. 40101 et seq.). accident or incident occurs in a foreign 2. Section 831.2 is revised to read as state not bound by the provisions of follows: Annex 13 to the Chicago Convention, or NATIONAL TRANSPORTATION if the accident or incident involves a § 831.2 Responsibility of Board. SAFETY BOARD public aircraft (Annex 13 applies only to (a) Aviation. (1) The Board is civil aircraft), the conduct of the 49 CFR Part 831 responsible for the organization, investigation shall be in consonance conduct, and control of all accident and with any agreement entered into Accident/Incident Investigation incident investigations (see § 830.2 of between the United States and the Procedures this chapter) within the Untied States, foreign state. its territories and possessions, where the (b) Surface. The Board is responsible AGENCY: National Transportation Safety accident or incident involves any civil for the investigation of: railroad Board. aircraft or certain public aircraft (as accidents in which there is a fatality, ACTION: Final rule. specified in § 830.5 of this chapter), substantial property damage, or which including an investigation involving involve a passenger train (see part 840 SUMMARY: The Board is updating its of this chapter); major marine casualties regulations on accident and incident civil or public aircraft (as specified in and marine accidents involving a public investigation practices to reflect current § 830.5) on the one hand, and an Armed and non-public vessel or involving operations and organization. Forces or intelligence agency aircraft on the other hand. It is also responsible for Coast Guard functions (see part 850 of DATES: The new rules are effective investigating accidents/incidents that this chapter 2); highway accidents, February 26, 1997. occur outside the United States, and including railroad grade-crossing FOR FURTHER INFORMATION CONTACT: Jane which involve civil aircraft and/or accidents, the investigation of which is F. Mackall, (202) 314–6080. certain public aircraft, when the selected in cooperation with the States; SUPPLEMENTARY INFORMATION: The accident/incident is not in the territory and pipeline accidents in which there is majority of the current rules at 49 CFR of another country (i.e., in international a fatality, significant injury to the Part 831 have not been updated since waters). environment, or substantial property 1988. The changes adopted here for the (2) Certain aviation investigations damage. most part reflect current accident and may be conducted by the Federal (c) Other Accidents/Incidents. The incident investigation practices. Aviation Administration (FAA), Board is also responsible for the Because these rule changes affect only pursuant to a ‘‘Request to the Secretary investigation of an accident/incident rules of agency organization, procedure, of the Department of Transportation to that occurs in connection with the or practice, notice and comment Investigate Certain Aircraft Accidents,’’ transportation of people or property procedures are not required and are not effective February 10, 1977 (the text of which, in the judgment of the Board, is provided here. 5 U.S.C. 553(b)(B). Major the request is contained in the appendix catastrophic, involves problems of a changes to the rules include the to part 800 of this chapter), but the recurring character, or would otherwise following: (1) the Board’s wreckage Board determines the probable cause of carry out the policy of the Independent release form (6120.15) will be used, such accidents or incidents.1 Under no Safety Board Act of 1974. This authority when needed, in all accident circumstances are aviation includes, but is not limited to, marine investigations, not just aviation investigations where the portion of the and boating accidents and incidents not investigations; (2) participation in investigation is so delegated to the FAA covered by part 850 of this chapter, and accident investigations of individuals in by the Board considered to be joint accidents/incidents selected by the legal positions has been clarified; (3) the investigations in the sense of sharing Board involving transportation and/or requirement that all party responsibility. These investigations release of hazardous materials. representatives in aviation remain NTSB investigations. 3. Section 831.3 is revised to read as investigations sign the STATEMENT OF (3) The Board is the agency charged follows: PARTY REPRESENTATIVES TO NTSB with fulfilling the obligations of the § 831.3 Authority of Directors. INVESTIGATION has been codified; (4) United States under Annex 13 to the The Director, Office of Aviation the Board member’s role at accident Chicago Convention on International Safety, or the Director, Office of Surface sites has been clarified; (5) new sections Civil Aviation (Eighth Edition, July Transportation Safety, subject to the have been added to address Trade 1994), and does so consistent with State provisions of § 831.2 and part 800 of Secrets Act and voluntary data Department requirements and in this chapter, may order an investigation submission issues; and (6) our policy coordination with that department. into any accident or incident. regarding submissions received after a Annex 13 contains specific 4. Section 831.4 is revised to read as matter has been calendared by the Board requirements for the notification, follows: for a meeting has been codified. investigation, and reporting of certain incidents and accidents involving § 831.4 Nature of Investigation. List of Subjects in 49 CFR Part 831 international civil aviation. In the case Accident and incident investigations Aviation safety, Highway safety, of an accident or incident in a foreign are conducted by the Board to Investigations, Marine safety, Pipeline state involving civil aircraft of U.S. determine the facts, conditions, and safety, Railroad safety. registry or manufacture, where the circumstances relating to an accident or foreign state is a signatory to Annex 13 incident and the probable cause(s) PART 831ÐACCIDENT/INCIDENT to the Chicago Convention of the thereof. These results are then used to INVESTIGATION PROCEDURES International Civil Aviation ascertain measures that would best tend 1. The Authority citation for Part 831 Organization, the state of occurrence is to prevent similar accidents or incidents is revised to read as follows: 1 The authority of a representative of the FAA 2 Part 850 also governs the conduct of certain Authority: Independent Safety Board Act during such investigations is the same as that of a investigations in which the Board and the Coast of 1974, as amended (49 U.S.C. 1101 et seq.); Board investigator under this part. Guard participate jointly. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations 3807 in the future. The investigation includes certain circumstances, disclose etc.), has the right to be accompanied, the field investigation (on-scene at the information related to trade secrets. represented, or advised by an attorney accident, testing, teardown, etc.), report (2) Procedures. Information submitted or non-attorney representative. preparation, and, where ordered, a to the Board that the submitter believes 8. Section 831.8 is revised to read as public hearing. The investigation results qualifies as a trade secret or confidential follows: in Board conclusions issued in the form commercial information subject either § 831.8 Investigator-in-charge. of a report or ‘‘brief’’ of the incident or to the Trade Secrets Act or FOIA accident. Accident/incident Exemption 4 shall be so identified by The designated investigator-in-charge investigations are fact-finding the submitter on each and every page of (IIC) organizes, conducts, controls, and proceedings with no formal issues and such document. The Board shall give manages the field phase of the no adverse parties. They are not subject the submitter of any information so investigation, regardless of whether a to the provisions of the Administrative identified, or information the Board has Board Member is also on-scene at the Procedure Act (5 U.S.C. 504 et seq.), and substantial reason to believe qualifies as accident or incident site. (The role of are not conducted for the purpose of a trade secret or confidential the Board member at the scene of an determining the rights or liabilities of commercial information subject either accident investigation is as the official any person. to the Trade Secrets Act or FOIA spokesperson for the Safety Board.) The 5. Section 831.5 is revised to read as Exemption 4, the opportunity to IIC has the responsibility and authority follows: comment on any contemplated to supervise and coordinate all disclosure, pursuant to 49 U.S.C. resources and activities of all personnel, § 831.5 Priority of Board Investigations. 1114(b). In all instances where the both Board and non-Board, involved in Any investigation of an accident or Board determines to disclose pursuant the on-site investigation. The IIC incident conducted by the Safety Board to 49 U.S.C. 1114(b) and/or 5 U.S.C. continues to have considerable directly or pursuant to the appendix to 552, at least 10 days’ notice will be organizational and management part 800 of this chapter (except major provided the submitter. Notice may not responsibilities throughout later phases marine investigations conducted under be provided the submitter when of the investigation, up to and including 49 U.S.C. 1131(a)(1)(E)) has priority over disclosure is required by a law other Board consideration and adoption of a all other investigations of such accident than FOIA if the information is not report or brief of probable cause(s). or incident conducted by other Federal identified by the submitter as qualifying 9. Section 831.9 is amended by agencies. The Safety Board shall provide for withholding, as is required by this revising paragraph (a) to read as follows: for the appropriate participation by paragraph, unless the Board has § 831.9 Authority of Board representatives. other Federal agencies in any such substantial reason to believe that (a) General. Any employee of the investigation, except that such agencies disclosure would result in competitive Board, upon presenting appropriate may not participate in the Safety harm. credentials, is authorized to enter any Board’s determination of the probable (3) Voluntarily-provided Safety property where an accident/incident cause of the accident or incident. Information. It is the policy of the Safety subject to the Board’s jurisdiction has Nothing in this section impairs the Board that commercial, safety-related occurred, or wreckage from any such authority of other Federal agencies to information provided to it voluntarily accident/incident is located, and do all conduct investigations of an accident or and not in the context of particular things considered necessary for proper incident under applicable provisions of accident/incident investigations will not investigation. Further, upon demand of law or to obtain information directly be disclosed. Reference to such an authorized representative of the from parties involved in, and witnesses information for the purposes of safety Board and presentation of credentials, to, the transportation accident or recommendations will be undertaken any Government agency, or person incident, provided they do so without with consideration for the confidential having possession or control of any interfering with the Safety Board’s nature of the underlying database(s). investigation. The Safety Board and (b) Other. Any person may make transportation vehicle or component other Federal agencies shall assure that written objection to the public thereof, any facility, equipment, process appropriate information obtained or disclosure of any other information or controls relevant to the investigation, developed in the course of their contained in any report or document or any pertinent records or memoranda, investigations is exchanged in a timely filed, or otherwise obtained by the including all files, hospital records, and manner. Board, stating the grounds for such correspondence then or thereafter 6. Section 831.6 is revised to read as objection. The Board, on its own existing, and kept or required to be kept, follows: initiative or if such objection is made, shall forthwith permit inspection, may order such information withheld photographing, or copying thereof by § 831.6 Request to withhold information. from public disclosure when, in its such authorized representative for the (a) Trade Secrets Act (18 U.S.C. 1905), judgment, the information may be purpose of investigating an accident or Exemption 4 of the Freedom of withheld under the provisions of an incident, or preparing a study, or related Information Act (5 U.S.C. 552) (FOIA), exemption to the Freedom of to any special investigation pertaining and The Independent Safety Board Act Information Act (5 U.S.C. 552, see part to safety or the prevention of accidents. of 1974, as amended. 801 of this chapter), and its release is The Safety Board may issue a subpoena, (1) General. The Trade Secrets Act found not to be in the public interest. enforceable in Federal district court, to provides criminal penalties for 7. Section 831.7 is revised to read as obtain testimony or other evidence. unauthorized government disclosure of follows: Authorized representatives of the Board trade secrets and other specified may question any person having confidential commercial information. § 831.7 Right to representation. knowledge relevant to an accident/ The Freedom of Information Act Any person interviewed by an incident, study, or special investigation. authorizes withholding of such authorized representative of the Board Authorized representatives of the Board information; however, the Independent during the investigation, regardless of also have exclusive authority, on behalf Safety Board Act, at 49 U.S.C. 1114(b), the form of the interview (sworn, of the Board, to decide the way in which provides that the Board may, under unsworn, transcribed, not transcribed, any testing will be conducted, including 3808 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations decisions on the person that will attaining party representative status. received before the matter is calendared conduct the test, the type of test that Failure timely to sign that statement for consideration at a Board meeting. All will be conducted, and any individual may result in sanctions, including loss written submissions are expected to who will witness the test. of status as a party. have been presented to staff in advance * * * * * 11. Section 831.12 is revised to read of the formal scheduling of the meeting. 10. Section 831.11 is revised to read as follows: This procedure ensures orderly and thorough consideration of all views. as follows: § 831.12 Access to and release of wreckage, records, mail, and cargo. (c) Exception. This limitation does not § 831.11 Parties to the investigation. apply to safety enforcement cases (a) Only the Board’s accident (a) All Investigations, regardless of handled by the Board pursuant to part investigation personnel, and persons mode. (1) The investigator-in-charge 821 of this chapter. Separate ex parte authorized by the investigator-in-charge designates parties to participate in the rules, at part 821, subpart J, apply to to participate in any particular investigation. Parties shall be limited to those proceedings. those persons, government agencies, investigation, examination or testing shall be permitted access to wreckage, Issued in Washington, DC this 21st day of companies, and associations whose January, 1997. employees, functions, activities, or records, mail, or cargo in the Board’s products were involved in the accident custody. Jim Hall, or incident and who can provide (b) Wreckage, records, mail, and cargo Chairman. suitable qualified technical personnel in the Board’s custody shall be released [FR Doc. 97–1810 Filed 1–24–97; 8:45 am] actively to assist in the investigation. by an authorized representative of the BILLING CODE 7533±01±M Other than the FAA in aviation cases, Board when it is determined that the no other entity is afforded the right to Board has no further need of such participate in Board investigations. wreckage, mail, cargo, or records. When DEPARTMENT OF COMMERCE (2) Participants in the investigation such material is released, Form 6120.15, (i.e., party representatives, party ‘‘Release of Wreckage,’’ will be National Oceanic and Atmospheric coordinators, and/or the larger party completed, acknowledging receipt. Administration organization) shall be responsive to the 12. Section 831.13 is amended by direction of Board representatives and revising the heading and paragraph (b) 50 CFR Part 622 to read as follows: may lose party status if they do not [Docket No. 940553±4223; I.D. 012197A] comply with their assigned duties, § 831.13 Flow and dissemination of actively proscriptions or instructions, or accident or incident information. Fisheries of the Caribbean, Gulf of if they conduct themselves in a manner * * * * * Mexico, and South Atlantic; Coastal prejudicial to the investigation. (b) All information concerning the Migratory Pelagic Resources of the (3) No party to the investigation shall accident or incident obtained by any Gulf of Mexico and South Atlantic; be represented in any aspect of the person or organization participating in Closure NTSB investigation by any person who the investigation shall be passed to the also represents claimants or insurers. No AGENCY: National Marine Fisheries IIC through appropriate channels before Service (NMFS), National Oceanic and party representative may occupy a legal being provided to any individual position (see § 845.13 of this chapter). Atmospheric Administration (NOAA), outside the investigation. Parties to the Commerce. Failure to comply with these provisions investigation may relay to their ACTION: Closure. may result in sanctions, including loss respective organizations information of status as a party. necessary for purposes of prevention or SUMMARY: NMFS closes the commercial (4) Title 49, United States Code § 1132 remedial action. However, no hook-and-line fishery for king mackerel provides for the appropriate information concerning the accident or in the exclusive economic zone (EEZ) in participation of the FAA in Board incident may be released to any person the Florida west coast subzone. This investigations, and § 1131(a)(2) provides not a party representative to the closure is necessary to protect the for such participation by other investigation (including non-party overfished Gulf king mackerel resource. departments, agencies, or representative employees of the party instrumentalities. The FAA and those EFFECTIVE DATE: The closure is effective organization) before initial release by 12:01 a.m., local time, January 22, 1997, other entities that meet the requirements the Safety Board without prior of paragraph (a)(1) of this section will be through June 30, 1997. consultation and approval of the IIC. FOR FURTHER INFORMATION CONTACT: parties to the investigation with the 13. Section 831.14 is revised to read Mark F. Godcharles, 813–570–5305. same rights and privileges and subject to as follows: the same limitations as other parties, SUPPLEMENTARY INFORMATION: The provided however that representatives § 831.14 Proposed findings. fishery for coastal migratory pelagic fish of the FAA need not sign the ‘‘Statement (a) General. Any person, government (king mackerel, Spanish mackerel, cero, of Party Representatives to NTSB agency, company, or association whose cobia, little tunny, dolphin, and, in the Investigation’’ (see paragraph (b) of this employees, functions, activities, or Gulf of Mexico only, bluefish) is section). products were involved in an accident managed under the Fishery (b) Aviation investigations. In or incident under investigation may Management Plan for the Coastal addition to compliance with the submit to the Board written proposed Migratory Pelagic Resources of the Gulf provisions of paragraph (a) of this findings to be drawn from the evidence of Mexico and South Atlantic (FMP). section, and to assist in ensuring produced during the course of the The FMP was prepared by the Gulf of complete understanding of the investigation, a proposed probable Mexico and South Atlantic Fishery requirements and limitations of party cause, and/or proposed safety Management Councils (Councils) and is status, all party representatives in recommendations designed to prevent implemented by regulations at 50 CFR aviation investigations shall sign future accidents. part 622 under the authority of the ‘‘Statement of Party Representatives to (b) Timing of submissions. To be Magnuson-Stevens Fishery NTSB Investigation’’ immediately upon considered, these submissions must be Conservation and Management Act. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Rules and Regulations 3809

Based on the Councils’ recommended The Florida west coast subzone in the closed zones or retain Gulf group total allowable catch and the allocation extends from 87°31’06’’ W. long. (due king mackerel in or from the EEZ of the ratios in the FMP, NMFS implemented south of the Alabama/Florida boundary) closed zones. A person aboard a vessel a commercial quota for the Gulf of to: (1) 25°20.4’ N. lat. (due east of the for which the permit indicates both Mexico migratory group of king Dade/Monroe County, FL, boundary) commercial king mackerel and charter/ mackerel in the Florida west coast through March 31, 1997; and (2) 25°48’ headboat for coastal migratory pelagic subzone of 865,000 lb (392,357 kg). That N. lat. (due west the Monroe/Collier fish may continue to retain king quota was further divided into two County, FL, boundary) from April 1, mackerel under the bag and possession equal quotas of 432,500 lb (196,179 kg) 1997, through October 31, 1997. limit set forth in 50 CFR 622.39(c)(1)(ii), for vessels in each of two groups by gear NMFS previously determined that the provided the vessel is operating as a types—vessels fishing with run-around commercial quota of king mackerel from charter vessel or headboat. gillnets and those using hook-and-line the western zone of the Gulf of Mexico During the closure, king mackerel gear (50 CFR 622.42(c)(1)(i)(A)(2)). was reached and closed that segment of from the closed zones taken in the EEZ, the fishery on August 26, 1996 (61 FR including those harvested under the bag In accordance with 50 CFR 44184, August 28, 1996). Subsequently, limit, may not be purchased or sold. 622.43(a)(3), NMFS is required to close NMFS determined that the commercial This prohibition does not apply to trade any segment of the king mackerel quota of king mackerel for vessels using in king mackerel from the closed zones commercial fishery when its quota is run-around gillnet gear in the Florida that were harvested, landed ashore, and reached, or is projected to be reached, west coast subzone of the eastern zone sold prior to the closure and were held by publishing a notification in the of the Gulf of Mexico was reached and in cold storage by a dealer or processor. Federal Register. NMFS has determined closed that segment of the fishery at that the commercial quota of 432,500 lb noon on January 7, 1997 (62 FR 1402, Classification (196,179 kg) for Gulf group king January 10, 1997). Thus, with this This action is taken under 50 CFR mackerel for vessels using hook-and- closure, all commercial fisheries for 622.43(a)(3) and is exempt from review line gear in the Florida west coast king mackerel in the EEZ are closed under E.O. 12866. subzone was reached on January 21, from the U.S./Mexico border through Authority: 16 U.S.C. 1801 et seq. 1997. Accordingly, the commercial the Florida west coast subzone through fishery for king mackerel for such June 30, 1996. Dated: January 21, 1997. vessels in the Florida west coast Except for a person aboard a charter George H. Darcy, subzone is closed effective 12:01 a.m., vessel or headboat, during the closure, Acting Director, Office of Sustainable local time, January 22, 1997, through no person aboard a vessel permitted to Fisheries, National Marine Fisheries Service. June 30, 1997, the end of the fishing fish under a commercial quota may fish [FR Doc. 97–1824 Filed 1–21–97; 4:26 pm] year. for Gulf group king mackerel in the EEZ BILLING CODE 3510±22±F 3810

Proposed Rules Federal Register Vol. 62, No. 17

Monday, January 27, 1997

This section of the FEDERAL REGISTER reviewed by the Office of Management determined to be eligible for contains notices to the public of the proposed and Budget (OMB). participation in the GSM–102 or GSM– issuance of rules and regulations. The 103 export credit guarantee programs Regulatory Flexibility Act purpose of these notices is to give interested could participate in title I sales. persons an opportunity to participate in the This proposed rule has been reviewed Prospective suppliers that are not yet rule making prior to the adoption of the final with regard to the requirements of the rules. eligible for GSM programs would have Regulatory Flexibility Act. The Vice to submit information to GSM; this President, CCC, who is the General information is not as extensive as that DEPARTMENT OF AGRICULTURE Sales Manager, has certified that this presently required for becoming an rule will not have a significant eligible supplier under title I. CCC Office of the Secretary economic impact on a substantial would require shipping agents to number of small entities. The proposed provide complete information on the 7 CFR Part 17 rule would eliminate several existing firm and its activities only once per program requirements which should fiscal year instead of doing so each time Regulations Governing the Financing make it easier for firms to participate, they are nominated by a title I importer. of Commercial Sales of Agricultural including small businesses, and may The recordkeeping requirement Commodities result in some suppliers receiving would be retained. Successful AGENCY: Commodity Credit Corporation, payment more quickly. A copy of this commodity suppliers would still be Agriculture. proposed rule has been submitted to the required to report to USDA the details ACTION: Proposed rule. General Counsel, Small Business of sales made under the program for Administration. price review and to submit to USDA, for SUMMARY: The Commodity Credit Executive Order 12372 approval, information on any Corporation (CCC) proposes to revise amendments to the sales. the regulations applicable to the This program is not subject to the Estimate of Burden: CCC estimates the financing of the sale and exportation of provisions of Executive Order 12372 public reporting burden to be 1 hour for agricultural commodities pursuant to which requires intergovernmental new suppliers that need to develop the title I of the Agricultural Trade consultation with state and local information necessary for eligibility officials. See the Notice related to 7 CFR Development and Assistance Act of under GSM programs; 11⁄4 hours for 1954, as amended (Pub. L. 480). Part 3015, Subpart V, published at 48 shipping agents to prepare a complete The purpose of these changes is to FR 29115 (June 24, 1983). package of information required by the simplify the purchasing procedures and Paperwork Reduction Act regulations each fiscal year and 1⁄4 hour shorten the regulations, keep the costs to prepare each subsequent submission of the Pub. L. 480, title I program as low This proposed rule revises the Pub. L. 480, title I financing regulations. CCC updating information as changes occur; as possible, reflect the provisions of the 1 has submitted the information and ⁄4 hour for commodity suppliers to Federal Agricultural Improvement and prepare telephonic notices of sale and Reform Act of 1996 (‘‘FAIR Act of collection requirements in this proposed rule to the Office of Management and requests for approval of sale 1996’’), and reduce the public reporting amendments. burden. Budget (OMB) for approval under the Respondents: Commodity suppliers DATES: Written comments in duplicate Paperwork Reduction Act, 44 U.S.C. 3501 et seq. that are interested in becoming eligible should be submitted on or before March to participate in title I sales; shipping 28, 1997. Title: Regulations—Financing Commercial Sales of Agricultural agents that have been selected by ADDRESSES: Comments should be sent to importers to help them purchase Title I Christopher E. Goldthwait, General Commodities Under Title I, Pub. L. 480. OMB Control Number: 0551–0005. commodities and arrange ocean Sales Manager, Foreign Agricultural Expiration Date of Approval: Three transportation; and commodity Service, U.S. Department of Agriculture, years from OMB approval. suppliers that have been awarded sales Room 5071 South Building, Stop 1001, Type of Request: Revision. under the program. 1400 Independence Ave., S.W., Abstract: The purpose of the changes Estimated Number of Respondents: Washington, D.C. 20250–1001. in this proposed rule is to simplify the Eight new commodity suppliers; 10 FOR FURTHER INFORMATION CONTACT: purchasing procedures and shorten the shipping agents; and 15 successful Connie B. Delaplane, Director, P.L. 480 regulations, keep the costs of the Pub. L. commodity suppliers. Operations Division, Export Credits, 480, title I program as low as possible, Estimated Number of Responses per Foreign Agricultural Service, Room reflect the provisions of the ‘‘FAIR Act Respondent: One for each new 4549 South Building, Stop 1033, U.S. of 1996’’, and reduce the public commodity supplier; between 1 and 4 Department of Agriculture, 1400 reporting burden. The proposed rule for each shipping agent; and, between 1 Independence Ave., S.W., Washington, would eliminate the requirement that and 25 for each successful commodity D.C. 20250–1033. Telephone: (202) 720– suppliers report to USDA payments to supplier. 3664. representatives of importing countries Estimated Total Annual Burden on SUPPLEMENTARY INFORMATION: This and the requirement that prospective Respondents: Including recordkeeping proposed rule is issued in conformance commodity suppliers submit requirements, 455 burden hours. with Executive Order 12866. It has been information to the P.L. 480 Operations CCC requests comments regarding: (a) determined significant for the purposes Division in order to participate. Whether the collection of information is of E.O. 12866 and, therefore, has been Prospective suppliers that have been necessary for the proper performance of Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3811 the functions of the agency, including published an Advance Notice of specify that the PA may contain whether the information will have Proposed Rulemaking (60 FR 47495) requirements in addition to, or in lieu practical utility; (b) the accuracy of the requesting comments on how to of, the regulations.) Through the PA we agency’s estimate of burden including streamline and simplify the purchasing could quickly update CCC’s program the validity of the methodology and and shipment procedures under the requirements, if needed, and make that assumptions used; (c) ways to enhance Public Law 480, title I program. CCC information widely available. If the PA the quality, utility, and clarity of the considered these comments in drafting did not exist, it would be necessary to information to be collected; (d) ways to the proposed rule, and welcomes further make such changes by amending the minimize the burden of the collection of input regarding the issues raised in the regulations or the title I agreement, information on those who are to ANPRM at this stage of rulemaking which could delay purchasing and respond, including through the use of procedure. The key comments received shipment of the commodities. If the appropriate automated, electronic, are discussed below, except those that buyer were required to include such mechanical, or other technological were outside the scope of the ANPRM information in the IFB’s, those collection techniques or other forms of and those which have already been documents would be longer and more information technology. implemented by final rules published complex. USDA will accept comments on this on December 7, 1995 (60 FR 62072) and Some respondents felt that the PA information collection at: Desk Officer April 23, 1996 (61 FR 17823). A copy of issuance procedure could cause delays for Agriculture, Office of Information the ‘‘Benefit-Cost Assessment’’ prepared in implementing the program. We and Regulatory Affairs, Office of in connection with this proposed rule would like to receive specific examples Management and Budget, Washington, can be obtained from Connie B. of such delays to help us improve the D.C. 20503, and to Connie B. Delaplane, Delaplane. See ‘‘For Further Information process. A delay in PA issuance may Director, Pub. L. 480 Operations Contact.’’ simply reflect the fact that the Division, Export Credits, Foreign participant is not ready to purchase. Agricultural Service, Room 4549 South Discussion of Comments Letters of Credit Building, Stop 1033, U.S. Department of Purchase Authorization Agriculture, 1400 Independence After the participant enters into Avenue, SW, Washington, DC 20250– After CCC and the participant have commodity and ocean freight contracts, 1033. USDA will incorporate all signed a title I agreement, CCC issues a the existing regulations provide that the comments as part of the public record. purchase authorization (‘‘PA’’) which importer must cause a separate letter of The Paperwork Reduction Act establishes general specifications for the credit to be opened for the commodity requires OMB to make a decision commodity to be purchased, sets the supplier, and for the supplier of ocean concerning the collection(s) of contracting and delivery periods, and transportation when CCC is financing information contained in this proposed establishes conditions for CCC’s any part of the ocean transportation. rule between 30 and 60 days after financing of the commodity and any CCC also issues a Letter of Commitment publication of this document in the authorized ocean transportation costs. to the U.S. bank that has issued, Federal Register. Therefore, a comment The participant issues, upon CCC confirmed or advised the letter of credit. to OMB is best assured of having its full approval, public Invitations for Bids The supplier receives payment from the effect if OMB receives it within 30 days (‘‘IFB’s’’) for commodities and ocean bank upon presentation of required of publication. This does not affect the transportation. These IFB’s contain the documentation. CCC will reimburse the deadline for the public to comment to importer’s requirements including bank, pursuant to this Letter of USDA on the proposed rule. CCC precise commodity specifications, Commitment, for payments made under submitted the information collection delivery dates, and payment documents. the letter of credit. requirements to OMB totaling 455 Subsequently the importer and The ANPRM asked for comments on burden hours. suppliers of commodities and ocean an alternative procedure under which transportation enter into contracts based CCC would simply pay the suppliers Executive Order 12988 upon offers received in response to directly for the commodity and for This proposed rule has been reviewed these IFB’s. ocean freight costs which are financed under Executive Order 12988, Civil The ANPRM asked for comments on by CCC. The participant would not open Justice Reform. The proposed rule whether the PA could be eliminated, a letter of credit for these amounts, and would have preemptive effect with with the relevant portions being there would be no need for CCC to issue respect to any state or local laws, incorporated into the financing any Letters of Commitment. regulations, or policies which conflict regulations or the IFB, as appropriate. Most comments supported direct with such provisions or which Most comments stated there was no payment by CCC, noting that the bank otherwise impede their full urgent need for the PA, agreeing that the charges associated with letters of credit implementation. The final rule would PA terms could be incorporated in the ranged from 1–2% of the value of the not have retroactive effect. The rule title I agreement, the buyer’s IFB or the letter of credit. Since the buyers were does not require that administrative regulations. One comment supported required to bear these costs, the benefit remedies be exhausted before suit may retaining the PA, suggesting that the PA of the title I program to the recipient be filed. terms were not appropriate for either the was lessened. Under the proposed rule, regulations or the IFB. title I recipients would save about $2.5– Background The proposed rule would retain the $5 million each year in banking costs, Title I of the Agricultural Trade PA. By doing so CCC could delete from based on an estimated $250 million per Development and Assistance Act of the regulations Appendix A year which would be paid directly to 1954, as amended (Pub. L. 480) (Contracting Requirements) and suppliers by CCC instead of through authorizes CCC to finance the sale and Appendix B (Documentary letters of credit. U.S. banks would bear exportation of agricultural commodities Requirements). CCC’s up-to-date some costs from this change, based on on concessional credit terms. 7 U.S.C. contracting and documentary the loss of these fees, and reduced 1701 et seq. On September 13, 1995, the requirements for a commodity would opportunities to develop business Foreign Agricultural Service (FAS) appear in the PA. (The regulations relationships with food aid recipients. 3812 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules

The change is proposed based on the of these costs; however, suggestions are Cost and Freight assessment that the cost to U.S. banks requested regarding other ways to The ANPRM asked for comments on would be outweighed by the significant address the issue of costs which are whether CCC should finance commodity benefits to food aid recipients, given the ineligible for CCC financing. contracts on a cost and freight (C&F) relatively small size of these letter of Several comments expressed concern basis, or a cost, insurance and freight credit fees relative to total bank income, about how quickly CCC would pay (CIF) basis, instead of requiring separate the static or declining food aid budget, suppliers, saying that direct payment contracts for the commodity and the and the length of time needed for would not be beneficial if it took longer ocean transportation. Under such recipients to develop into commercial than payment by a bank under a letter contracts the commodity supplier opportunities for U.S. banks. There of credit. CCC plans to pay suppliers as would be responsible for securing ocean would still be opportunities for banks to promptly as a bank does, upon receipt transportation. issue letters of credit for a portion of the of the documentation required by the Respondents were concerned that ocean freight costs, as discussed in importer and by CCC. such contracts would keep smaller detail below. Based on the fiscal year This proposal is not expected to commodity suppliers, which do not 1996 title I program, such letters of significantly increase USDA’s workload, own or control vessels, from offering credit might be opened for about $16 competitively. They also noted that it million, generating banking fees of although there will be a slight increase would be more difficult to enforce cargo $160,000–$320,000. in burden for the Farm Service Agency Commodity suppliers have generally (‘‘FSA’’), which would be responsible preference requirements for use of U.S.- been unwilling to load vessels without for making the payments to suppliers. flag vessels with C&F or CIF sales. a letter of credit to secure payment. One comment raised the issue of Several comments stated that Such delayed loading can be costly to potential financial exposure on the part contracting under these terms would the recipient, which may owe ‘‘carrying of CCC for financing a product that did blur the distinction between the charges’’ to the commodity supplier and not meet specifications, for example. commodity costs and the freight costs, ‘‘detention’’ to the supplier of ocean CCC would examine each document complicating both commodity price transportation. These costs are not with reasonable care to ascertain that it review and the determination of ‘‘fair financed by CCC and they can be appears on its face to be in accord with and reasonable’’ U.S.-flag freight rates significant; for example, one day of documentary requirements specified in by the Maritime Administration, ‘‘detention’’ for a U.S.-flag vessel can the regulations, the PA, and the buyer’s Department of Transportation. The cost the recipient as much as $25,000. own IFB or contract. Agreements proposed rule retains the option for Finally, some title I recipient between CCC and the participants such contracts; however, permitting countries do not have well established would provide that CCC would be liable such contracts would be a matter of banking systems through which to open only for breaching this standard of agency policy, as at present. letters of credit. review. Other Comments As a result, the proposed rule would Comments indicated some confusion adopt the procedure for direct payment The proposed rule contains several regarding payment of ocean provisions based on other comments by CCC for all commodity and freight transportation costs. CCC would not costs which are financed by CCC (see submitted in response to the ANPRM. require the participant to open a letter For example, shipping agents (firms § 17.9.) In connection with this change, of credit for shipments for which the the proposed rule would also prohibit helping the buyers arrange the purchase participant paid the entire freight costs, and shipment of Title I commodities) certain payments which are permitted or in the rare instances when CCC under existing regulations, but which would be required to provide complete financed 100% of the freight costs. information on the firm and its activities cannot be financed by CCC. This However, when CCC financed a portion includes consular fees for legalization of only once per fiscal year. At present, of the freight costs on a shipment and they must submit the information each documents, and total ocean the participant paid the balance, the transportation brokerage commissions time a firm is nominated by a recipient. participant would be required to open a in excess of 21⁄2 percent of the freight. The firm would certify, in conjunction letter of credit for its share of the freight Under existing regulations, the supplier with any subsequent nominations as costs. For example, when commodities is required to show on the invoice any shipping agent during the fiscal year, are shipped on a U.S.-flag vessel and amounts which are not eligible for that the information initially submitted CCC finances only the ocean freight financing by CCC. The bank may then was still current, or would specify any differential, the supplier would collect pay the supplier the total invoice changes. This proposal would reduce the ocean freight differential from CCC amount under the importer’s letter of the reporting burden on shipping agents and the balance from a U.S. bank under credit, and CCC would deduct the and also save a small amount of FAS the participant’s letter of credit. ineligible amount from its staff time. reimbursement to the bank under the The regulations would require the Another comment recommended that Letter of Commitment. With the participant to open this partial letter of the Form FAS–359 (‘‘Declaration of proposed direct payment procedure, credit in order to provide the supplier Sale’’) and the Form CCC–105 (‘‘Request there is no simple mechanism to allow of ocean transportation a high level of for Vessel Approval’’) be eliminated. We a supplier to be paid for such costs confidence that the participant’s portion believe that it is necessary to retain a while protecting CCC from ultimately of the freight would be paid in written price approval document, a bearing the costs. It would not be accordance with the contract. This purpose served by the existing equitable to prohibit a supplier from should keep freight costs down and ‘‘Declaration of Sale’’ form. This key recouping these costs as part of the encourage competition. document insures that all parties—the supplier’s sales price and such a rule CCC would not pay any commodity or commodity supplier, FAS, and the may discourage firms from showing on freight costs which were not to be entity making payment—clearly the invoice any amounts ineligible for financed by CCC, which is consistent understand the terms of the sale as CCC financing. Consequently, the with the current operation of the approved for financing by CCC. The proposed rule would prohibit payment program. document includes the unit price, Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3813 delivery period, and commodity Agency. FAS would become responsible List of Subjects in 7 CFR Part 17 specifications. for price review and for vessel approval Agricultural commodities, Exports, The Form CCC–105, submitted to FAS for cotton shipments, as it is now for all Finance, Maritime carriers. by the charterer, is the formal written other commodities purchased under Accordingly, it is proposed to revise notification from the importer regarding title I. Part 17 of 7 CFR as follows: the ocean freight contract and contains The proposed rule would eliminate the information on which the written the requirement in existing § 17.12 that PART 17ÐSALES OF AGRICULTURAL ‘‘Advice of Vessel Approval’’ is based suppliers report to USDA any payments COMMODITIES MADE AVAILABLE (Form CCC–106). The latter form is a made to representatives of the importer UNDER TITLE I OF THE required payment document, which or importing country. The underlying AGRICULTURAL TRADE shows the amount of freight to be legislation was repealed in December DEVELOPMENT AND ASSISTANCE financed by CCC, along with the main 1995 by the Federal Reports Elimination ACT OF 1954, AS AMENDED contract terms. If the Form CCC–105 and Sunset Act of 1995. CCC will not were eliminated, the CCC–106 would be finance such payments, however, except Subpart AÐRegulations Governing the more likely to contain errors and thus for ocean transportation brokerage Financing of Commercial Sales of delay payment to the supplier. commissions which do not exceed 2– Agricultural Commodities Other Key Changes 1 2 ⁄ % of the freight. Sec. The proposed rule would contain a The ocean transportation provisions 17.1 General. definition of ‘‘private entity,’’ and in § 17.8(b)(2) of the proposed rule 17.2 Definition of terms. would amend the definition of would not contain the prohibition in 17.3 Purchase authorizations. ‘‘participant’’ to cover both private existing § 17.14(b)(2) against 17.4 Agents of the participant or importer. entities and foreign countries. This 17.5 Contracts between commodity ‘‘clarification or submission of suppliers and importers. reflects the FAIR Act of 1996 which additional information’’ under 17.6 Discounts, fees, commissions and permitted title I agreements to be signed competitive freight IFB’s. This is not payments. with private entities. (References to intended to reflect a substantive policy 17.7 Notice of sale procedures. ‘‘private trade entities,’’ no longer change. Only freight offers which were 17.8 Ocean transportation. included under the legislation, have responsive to the terms of the IFB as of 17.9 CCC payment to suppliers. been deleted.) The proposed rule would the date and time for receipt of offers 17.10 Refunds and insurance. require that, in order to participate, a could be considered, as at present. No 17.11 Recordkeeping and access to records. private entity would need to have a information or clarification submitted Authority: 7 U.S.C. 1701–1704, 1731– legal presence in the United States. 1736b, 1736f, 5676; E.O. 12220, 45 FR 44245, after that date and time could be used 3 CFR, 1980 Comp., p. 263. The proposed rule would eliminate to make the offer responsive. The the requirement in existing § 17.7 that prohibition against negotiation also Subpart AÐRegulations Governing the prospective commodity suppliers must remains in the regulations. This change Financing of Commercial Sales of submit information to the P.L. 480 would simply acknowledge that it is Agricultural Commodities Operations Division, FAS, including a occasionally necessary to seek factual current financial statement, to be information after an offer has been § 17.1 General. determined eligible to participate. Any submitted, such as the maximum (a) What this subpart covers. This supplier eligible under the GSM–102 or tonnage which can be loaded at a subpart contains the regulations GSM–103 programs could participate. certain port, given existing draft governing the financing of the sale and Financial information on the firm and conditions and stowage factors for the exportation of agricultural commodities experience as an exporter are not commodity in question. by the Commodity Credit Corporation required for eligibility under the GSM– (CCC), through private trade channels to The proposed rule does not contain 102 and GSM–103 programs, which are the maximum extent practicable, under the requirement in existing § 17.18(c)(7) fully commercial. Comments are the authority of Title I of the that a ‘‘transshipment certification’’ be requested as to whether the bid and Agricultural Trade Development and placed on the commodity invoice in performance bond requirements in the Assistance Act of 1954, as amended certain circumstances. The Maritime importer’s IFB would be sufficient to (hereinafter called ‘‘the Act’’). Administration of the U.S. Department insure performance by a supplier. (b) Agricultural commodities of Transportation published a final rule Approximately ten firms per year agreements. (1) Under the Act, the on May 17, 1996 (61 FR 24895) which wish to become eligible commodity Government of the United States enters amended the definition of ‘‘available’’ suppliers under title I. Two or three of into Agricultural Commodities commercial U.S.-flag service for those firms are already eligible under Agreements with governments of foreign shipments during the 1996–2000 Great the GSM programs, and would have no countries or with private entities. These Lakes shipping seasons. This change additional reporting burden to be agreements cover financing of the sale made the transshipment certification eligible under title I. The remaining and exportation of agricultural unnecessary. (Purchase authorizations seven or eight firms would require only commodities, including certain ocean for affected commodities already about an hour to develop the transportation costs. information needed for eligibility under exempt exporters from this (2) Agricultural Commodities the GSM programs instead of the three requirement.) Agreements may provide that a hours currently estimated for title I. FAS The proposed rule would not provide participant will repay CCC for the would also save a small amount of staff for the obsolete ‘‘letter of conditional financing extended by CCC either in time by deleting this separate eligibility reimbursement’’ procedure (existing dollars or in local currencies. requirement for title I suppliers. § 17.4(h)), nor for the ‘‘reimbursement (c) Purchase authorizations. This The proposed rule would also require method of financing,’’ (existing § 17.16) subpart covers, among other things, the that cotton suppliers report sales to which would no longer be necessary issuance by the General Sales Manager FAS, instead of to the Kansas City with direct payment to suppliers by of purchase authorizations which Commodity Office, Farm Service CCC. authorize the participant to 3814 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules

(1) Purchase agricultural commodities person signing the original or, if the Letter of credit—an irrevocable and signature or name is not shown on the commercial letter of credit issued, (2) Procure ocean transportation copy, a statement that the original was confirmed, or advised by a banking therefor. signed. institution in the United States and (d) Financing. For amounts to be Delivery—the transfer to or for the payable in U.S. dollars. financed by CCC, CCC will pay the account of an importer of custody and Local currency and foreign currency— supplier of commodity or of ocean right of possession of the commodity at interchangeable terms; the currency of transportation upon receipt of the U.S. ports or Canadian transshipment the importing or destination country. documents specified in the subpart, the points in accordance with the delivery Notice of arrival—a written notice in purchase authorization and the IFB. The terms of the contract and purchase accordance with § 17.8(g) stating that cost of ocean freight or ocean freight authorization. For purposes of the vessel has arrived at the first port of differential will be financed by CCC financing, delivery is deemed to occur discharge. only when specifically provided for in as of the on-board date shown on the Ocean bill of lading— the purchase authorization. ocean bill of lading. (1) In the case of cargo carried on a (e) Where information is available. Destination country—the foreign vessel other than LASH barges: An ‘‘on- General information about operations country to which the commodity is board’’ bill of lading, or a bill of lading under this subpart is available from the exported. with an ‘‘on-board’’ endorsement, which Director, Public Law 480 Operations Director—the Director, Public Law is dated and signed or initialed on Division, Foreign Agricultural Service, 480 Operations Division, Foreign behalf of the carrier, or U.S. Department of Agriculture, Agricultural Service. (2) In the case of cargo carried in a Washington, D.C. 20250–1033. Expediting services—services LASH barge: Information about financing operations provided to the vessel owner at the (i) For the purpose of financing under this subpart, including forms discharge port in order to facilitate the commodity price, an ‘‘on-board’’ bill of prescribed for use thereunder, is discharge and sailing of the vessel; this lading showing the date the commodity available from the Controller, may include assisting with paperwork, was loaded on board barges, which is Commodity Credit Corporation, U.S. obtaining permits and inspections, dated and signed or initialed on behalf Department of Agriculture, P.O. Box supervision and consultation. of the carrier, or a bill of lading or a 2415, Washington, D.C. 20013–2415. FAS—the Foreign Agricultural LASH barge bill of lading with an ‘‘on- Service, U.S. Department of Agriculture. board barge’’ endorsement which is § 17.2 Definition of terms. FSA—the Farm Service Agency, U.S. dated and signed or initialed on behalf Terms used in the regulations in this Department of Agriculture. of the carrier. subpart are defined or identified as FSA Office—the office designated in (ii) For the purpose of financing ocean follows, subject to amplification in the purchase authorization to freight or ocean freight differential, a subsequent sections: administer this financing operation on bill of lading which is dated and signed Affiliate and associated company— behalf of CCC. or initialed on behalf of the carrier any legal entity which owns or controls, Finance—To expend CCC funds, indicating that the barge containing the or is owned or controlled by, another whether or not the participant is cargo was placed aboard the vessel legal entity. For a corporation, required to repay the funds to CCC. For named in the Form CCC–106 not later ownership of the voting stock is the example, this subpart refers to CCC than eight running days after the last controlling criterion. A legal entity is ‘‘financing’’ both the ocean freight LASH barge loading date (contract considered to own or control a second differential, which the participant does layday) specified in the Form CCC–106. legal entity if— not repay, and the commodity cost, This may be either an ‘‘on board’’ bill (1) The legal entity owns an interest which the participant does repay. of lading or a bill of lading or a LASH of 50 percent or more in the second Form CCC–106—the form entitled barge bill of lading with an ‘‘on-board legal entity, or ‘‘Advice of Vessel Approval.’’ ocean vessel’’ endorsement. (2) The legal entity and one or more Form CCC–329—the signed original of (3) Documentary requirements for a other legal entities, in which it owns an the form entitled ‘‘Supplier’s copy of an ‘‘ocean bill of lading’’ refer interest of 50 percent or more, together Certificate.’’ to a non-negotiable copy thereof. own an interest of 50 percent or more General Sales Manager and GSM—the Ocean freight contract—a charter in the second legal entity, or General Sales Manager, FAS, or the party or liner booking note. (3) The legal entity owns an interest General Sales Manager’s designee. Ocean transportation— of 50 percent or more in another legal Importer—the person that contracts interchangeable with the term ‘‘ocean entity which in turn owns an interest of with the supplier for the importation of freight’’. 50 percent or more in the second legal the commodity. The importer may be Ocean transportation brokerage— entity. the participant or any person to which services provided by shipping agents CCC—the Commodity Credit a participant has issued a related to their engagement to arrange Corporation, U.S. Department of subauthorization. ocean transportation and services Agriculture. Importing country—any nation with provided by ships brokers related to Commodity—an agricultural which an agreement has been signed their engagement to arrange commodity produced in the United under the Act. employment of vessels. States, or product thereof produced in Invitation for bids and IFB—a Ocean transportation-related the United States. publicly advertised request for offers. services—furnishing the following Controller—the Controller, Legal entity includes, but is not services: lightening, stevedoring, and Commodity Credit Corporation, or the limited to, an individual (except that an bagging (whether these services are Controller’s designee. individual and his or her spouse and performed at load or discharge), and Copy—a photocopy or other type of their minor children are considered as inland transportation, i.e., copy of an original document showing one legal entity), partnership, transportation from the discharge port to all data shown on the original, association, company, corporation and the designated inland point of entry in including signature or the name of the trust. the destination country, if the discharge Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3815 port is not located in the destination (5) Documentation required for CCC fabrics processed up to and including country. financing in addition to or in lieu of the the dyed and printed state, and Participant—the collective term used documentation specified in § 17.9; preshrinking. Any processing of such to denote the importing country or the (6) Provisions relating to payment to yarns and fabrics beyond this stage will private entity with which an agreement CCC, if applicable; be at the expense of the participant. has been negotiated under the Act. (7) The address of the FSA office (2) Purchase authorizations may Person—an individual or other legal administering the financing operation permit cotton textiles processed beyond entity. on behalf of CCC; the stage described in paragraph (f)(1) of Private entity—the nongovernmental (8) The method of financing provided this section to be purchased, but the legal entity with which an agreement under the Agricultural Commodities maximum financing by CCC is limited has been signed under the Act. A Agreement; to the equivalent value of the cotton foreign private entity must maintain a (9) Any provisions relating to yarns and fabrics described in paragraph bona fide business office in the United financing by CCC in addition to or in (f)(1) of this section, contained in the States and have a person, principal, or lieu of those specified in this subpart; textiles, plus eligible ocean (10) Authorization to procure ocean agent on whom service of judicial transportation costs. transportation, and provisions relating process may be had in the United States. (3) Financing is available only for to the financing of ocean freight or Purchase authorization—Form FAS– textiles manufactured entirely of U.S. ocean freight differential, as applicable; 480, ‘‘Authorization to Purchase cotton in the United States. Agricultural Commodities,’’ issued to a (11) Any other provisions considered participant under this subpart. necessary by the General Sales Manager. § 17.4 Agents of the participant or Purchasing agent—any person (c) Applicability of this subpart. In importer. addition to the provisions of a particular engaged by a participant to procure (a) General. (1) A participant or purchase authorization, each purchase agricultural commodities. importer is not required to use a authorization, unless otherwise Secretary—the Secretary of purchasing agent or shipping agent, or provided, is subject to the provisions of Agriculture of the United States, or the employ the services of any other agent, this subpart to the same extent as if the Secretary’s designee. broker, consultant, or other provisions were fully set forth in the Selling agent—a representative for the representative (hereafter ‘‘agent’’) in supplier of the commodity, who is not purchase authorization. (d) Modification or revocation. The connection with arranging the purchase employed by or otherwise connected of agricultural commodities under title with the importer or the participant. General Sales Manager reserves the right at any time for any reason or cause I of the Act and arranging ocean Shipping agent—any person engaged transportation for such commodities. by a participant to arrange ocean whatsoever to supplement, modify or revoke any purchase authorization, However, if an agent is used, the transportation. participant shall submit a written Ships broker—any person engaged by including the termination of deliveries, if it is determined to be in the interest nomination of the agent to the Deputy a supplier of ocean transportation to Administrator, Export Credits, along arrange employment of vessels. of the U.S. Government. CCC shall reimburse suppliers who would with a copy of the proposed agreement Supplier—any person who sells a between the participant or importer and commodity to an importer under the otherwise be entitled to be financed by CCC for costs which were incurred as a such agent. The written nomination terms of a purchase authorization, or shall also specify the period of time to who sells ocean transportation to an result of such action by the GSM in connection with firm sales or shipping be covered by the nomination. A person importer or supplier of the commodity may not act as agent for a participant or under the terms of a purchase contracts, and which were not otherwise recovered by the supplier after a importer unless the Deputy authorization. Administrator, Export Credits, has United States—the 50 States, the reasonable effort to minimize such costs: Provided, however, That such provided a written statement that the District of Columbia, and Puerto Rico. nomination is accepted in accordance USDA—the U.S. Department of reimbursement shall not be made to a supplier if the GSM determines that the with the provisions of this section. Agriculture; includes all or any of the (2) See § 17.6(c) regarding agencies mentioned in this section. GSM’s action was taken because the supplier failed to comply with the commissions, fees, or other § 17.3 Purchase authorizations. requirements of the regulations in this compensation of any kind to agents of (a) Issuance. After an agreement is subpart or the applicable purchase a participant or importer. signed, the GSM will issue a purchase authorization; Provided further, That (3) A freight agent employed by the authorization to the participant for each reimbursement to suppliers of ocean Agency for International Development commodity included in the agreement. transportation shall not exceed the under titles II and III of the Act is not (b) Contents. Each purchase ocean freight differential when the eligible to act as an agent for the authorization includes the following purchase authorization provides only participant or importer during the information: for financing the differential. period of such employment. A (1) The commodity to be purchased (e) Subauthorizations. The participant subcontractor of such freight agent is and specifications, approximate may issue subauthorizations to not eligible to act as an agent for the quantity and maximum dollar amount importers consistent with the terms of participant or importer during the authorized; the applicable purchase authorization. period of its subcontract. (2) Contracting requirements; The participant, in subauthorizing, shall (b) Affiliate defined. For purposes of (3) The contracting period, during specify to importers all the provisions of this section, the term affiliate has the which suppliers and importers must the applicable purchase authorization meaning provided in § 17.2 and, in enter into contracts; and the delivery which apply to the subauthorization. addition, persons will also be period, during which the commodity (f) Cotton textiles. (1) Except as considered to be affiliates if any of the must be delivered; provided in paragraph (f)(2) of this following conditions are met: (4) The terms of delivery to the section, financing of textiles under this (1) There are any common officers or importer; subpart is limited to cotton yarns and directors. 3816 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules

(2) There is any investment by eligible under any title of the Act or the Food importer for each fiscal year. For commodity suppliers, selling agents, or for Progress Act of 1985 or furnishing subsequent nominations covering the persons engaged in furnishing ocean ocean transportation or ocean same fiscal year, the person must transportation or ocean transportation- transportation-related services for provide a written certification that all related services for commodities commodities provided under any title of the information and documentation provided under any title of the Act, the Act, section 416(b) of the provided earlier is still accurate and section 416(b) of the Agricultural Act of Agricultural Act of 1949, or the Food for complete, or must provide the details of 1949, or the Food for Progress Act of Progress Act of 1985, whether any part any changes. of the ocean transportation is financed 1985, whether or not any part of the (e) Notification. The Deputy by the U.S. Government; and that the ocean transportation is financed by the Administrator, Export Credits shall person has not served and will not serve U.S. Government, or by agents of such promptly notify persons nominated as as an agent of firms engaged in persons, or their officers or directors, in agents of the participant or importer, of providing such commodities, ocean the agent of the participant or importer. the determination or of the need for (3) There is any investment by the transportation and ocean transportation- further inquiry, and shall provide a agent of the participant or importer, or related services; written response within 30 calendar its officers or directors, in approved (ii) Certifying that, for ocean days of receipt of all the required commodity suppliers; selling agents; or transportation brokerage services documents. If USDA will not accept the persons engaged in furnishing ocean provided during the U.S. fiscal year transportation or ocean transportation- covered by USDA’s acceptance of the nomination, the notification shall state related services for commodities nomination, the person has not shared the reasons therefor. The determination provided under any title of the Act, and will not share freight commissions of the Deputy Administrator, Export section 416(b) of the Agricultural Act of with the participant, the importer, or Credits is effective immediately and 1949, or the Food for Progress Act of any agent of the participant or the continues in effect pending the result of 1985, whether or not any part of the importer, whether CCC finances any any appeal to the General Sales ocean transportation is financed by the part of the ocean freight. CCC will Manager. U.S. Government, or in agents of such consider as sharing a commission a (f) Non-acceptance or withdrawal. (1) persons. These conditions include those situation where the agent forgoes part or If USDA does not accept the nomination cases in which investment has been all of a commission and the supplier of of a person, or if acceptance has been concealed by the utilization of any ocean transportation pays a commission withdrawn pursuant to the provisions of scheme or device to circumvent the directly to the participant, the importer, this section, the person may, within 30 purposes of this section but does not or any other person on behalf of the calendar days, present to the General include investment in any mutual fund. participant or the importer; and Sales Manager, orally or in writing, any (c) Information to be furnished. A (iii) Undertaking that, during the U.S. reasons as to why such action should person nominated to act as an agent of fiscal year covered by USDA’s not stand. Nothing in this paragraph the participant or importer, and any acceptance of the nomination, affiliates shall be construed as to prohibit a independent contractor that may be of such person have not engaged in and person whose nomination has not been hired by such person to perform will not engage in the activities or accepted or whose acceptance has been actions prohibited in this paragraph functions of a shipping agent, shall withdrawn by USDA from being (c)(7). furnish to the Deputy Administrator, nominated at a later time. Export Credits, the following (8) A certification that neither the (2) If, in the procurement of information or documentation as may be person nor any affiliates has arranged to commodities made available under title applicable: give or receive any payment, kickback, (1) The names of all incorporators; or illegal benefit in connection with the I, Public Law 480, a participant or (2) The names and titles of all officers person’s selection as agent of the importer uses an agent whose and directors; participant or importer. nomination has not been accepted in (3) The names of all affiliates, (d) USDA acceptance. (1) USDA will writing by the Deputy Administrator, including the names and titles of all consider accepting the nomination of a Export Credits, USDA may withhold officers and directors of each affiliate, person to act as an agent of the sales approval. and a description of the type of business participant or importer when the (3) If, in the shipping of commodities in which the affiliate is engaged; documents required to be submitted by made available under title I, Public Law (4) The names and proportionate this section are received by the Deputy 480, a participant or importer uses an share interest of all stockholders; Administrator, Export Credits. agent whose nomination has not been (2) USDA’s acceptance of such (5) If beneficial interest in stock is accepted in writing by the Deputy nomination shall remain in effect for the held by other than the named Administrator, Export Credits, USDA period of time requested by the shareholders, the names of the holders may withhold vessel approval or may participant or such shorter period as the of the beneficial interest and the deduct from the ocean freight Deputy Administrator, Export Credits, proportionate share of each; differential to be paid, the amount of may determine. USDA will withdraw (6) The amount of the subscribed any commission to the agent in such acceptance if the agent of the capital; connection with the shipment. (7) For USDA acceptance of a participant or importer, or any of the nomination covering services provided affiliates of such agent, violates the (g) No competitive advantage. A during each U.S. fiscal year (October 1— certifications or undertakings made shipping agent may not take any action September 30), a written statement pursuant to paragraphs (c) (7) and (8) of which would give a competitive signed by such person: this section. advantage to any supplier of (i) Certifying that, during the U.S. (3) A person is required to submit the commodities or ocean transportation. fiscal year covered by USDA’s information and documentation This includes, but is not limited to, acceptance of the nomination, the required by paragraph (c) of this section providing advance notice of IFB’s or person has not engaged in, and will not to support the person’s first nomination amendments, or selectively enforcing engage in, supplying commodities to act as an agent of any participant or IFB or contract requirements. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3817

§ 17.5 Contracts between commodity (2) Invitations for bids. The following Lowest landed cost may be defined on suppliers and importers. conditions shall apply on all purchases either a foreign flag or U.S. flag basis. (a) Commodity suppliers and selling of commodities on the basis of IFB’s: Awards may not be made on the lowest agents. (1) In order to participate in the (i) The General Sales Manager must landed cost basis unless IFB’s are issued Public Law 480, title I program, a approve the terms of the IFB before it is for commodity and ocean freight so that prospective commodity supplier must issued by the importer. all commodity and ocean freight offers submit to CCC the information required (ii) The importer shall issue the IFB are reviewed simultaneously. by 7 CFR 1493.30. in the United States and shall open all (iv) Participants are encouraged to (2) If, at the time the commodity offers in public in the United States at purchase commodities on the basis of supplier reports the sale it is determined the time and place specified in the IFB. lowest landed cost when U.S. flag that an agent employed or engaged by a (iii) The IFB must permit submission vessels are to be used. If such commodity supplier to obtain a contract of offers from all suppliers who meet the commodity purchases are not made on is not a selling agent as defined in requirements of this subpart. the basis of lowest landed cost (U.S. § 17.2, the sale will not be eligible for (iv) The IFB may not preclude offers flag), ocean freight differential payments financing. for shipment from any United States will nonetheless be calculated on the (b) Eligibility for financing. To be port(s) unless the purchase rates of U.S. flag vessels which would eligible for financing, commodity authorization provides for exportation represent the lowest landed cost. contracts must comply with the only from certain ports. (v) Announcement of awards shall be following requirements unless (v) The IFB may not establish made in the United States. The importer otherwise specified in the purchase minimum quantities to be offered or shall promptly submit to the Director authorization. which will be considered. copies of all offers received with a copy (1) Commodity contracts between (vi) The IFB must be in compliance of the IFB which was issued. No sale suppliers and importers are considered with the regulations, the purchase can be approved for financing until this to be conditioned on the approval by authorization, and sound commercial information has been received by FAS. USDA of the contract price; standards. The decision of the GSM shall be final conformance of the sale to the (3) Contract awards. (i) The importer regarding the responsiveness of offers to provisions of the purchase shall consider only offers which are IFB terms in the awarding of contracts. authorization; responsiveness of the responsive to the IFB and shall make (d) Contract quantity eligible for offer to IFB terms; and compliance by awards either on the basis of the lowest financing. The quantity eligible for the supplier and the selling agent, if commodity price(s) offered or on the financing in the contract between the any, with paragraph (a) of this section. basis of lowest landed cost. However, supplier and the importer may not (2) Importers and suppliers must enter when vessels offered under the flag of exceed that quantity approved by the into contracts within the contracting the participant, the importing country or Public Law 480 Operations Division, period specified in the purchase the destination country; or vessels FAS, including any approved contract authorization. The contracts must controlled by the participant, the tolerance. provide for deliveries to the importer in importing country or the destination (e) Contract disputes. Contracts accordance with the delivery terms and country are to be used, the participant between suppliers and importers should during the delivery period specified in must purchase commodities for stipulate the responsibility of each party the purchase authorization, or any shipment on such vessels only on the for payment of any costs not eligible for amendment or modification thereto. basis of the lowest commodity price(s) financing by CCC. Questions as to (3) Contracts for a commodity, under offered. This limitation may, however, payment of ineligible costs should be a purchase authorization which limits be waived by the GSM: resolved between the contracting delivery terms to f.o.b. or f.a.s., must be (A) When the lowest commodity parties. separate and apart from the contracts for price(s) offered are in locations where (f) Contract provisions. Each contract ocean transportation of the commodity. vessels cannot reasonably be made entered into for financing under this (4) The supplier’s sales price may not available without a substantial increase subpart is deemed to include all terms exceed the prevailing range of export in freight costs to the participant; and conditions required by this subpart. market prices as applied to the terms of (B) For small quantities offered at (g) Export Trade Act (Webb-Pomerene sale at the time of sale, as determined additional loading points (in aggregate Law). A supplier who is a member of a by USDA. The ‘‘time of sale’’ is the date not more than 15 percent of the total Webb-Pomerene association and who and time specified in the IFB for receipt tonnage offered by a vessel); or enters into contracts with importers as of offers; or the date of the contract (C) Where this limitation would a member of such an association shall amendment if the amendment affects conflict with the purposes of the so indicate in a statement on, or the sale price, as determined by USDA. program. attached to, the copy of the supplier’s The contract price may not be on a cost (ii) For purposes of this section, detailed invoice referred to in plus a percentage-of-cost basis. ‘‘lowest commodity price(s)’’ means the § 17.9(c)(2). (c) Contracting procedures—(1) lowest commodity price(s) offered for Purchasing—general. (i) Importers must loading onto the type of vessel (dry bulk § 17.6 Discounts, fees, commissions and purchase commodities on the basis of carrier, tanker, etc.) to be utilized to payments. IFB’s. carry the commodity purchased. For purposes of this section, the term (ii) The participant shall maintain a (iii) For purposes of this section, ‘‘payment’’ means a commission, fee or record of all offers received from ‘‘lowest landed cost’’ means the other compensation of any kind. The suppliers until the expiration of three combination of commodity price and term ‘‘other compensation of any kind’’ years after final payment under ocean freight rate resulting in the lowest includes anything given in return for contracts awarded under the purchase total cost to deliver the commodity to any consideration, services, or benefits authorization. The GSM may examine the importing country, considering the received or to be received. these records or request specific quantity which must be shipped on (a) Discounts. If a contract provides information in connection with the privately owned U.S.-flag commercial for one or more discounts (including but offers. vessels, as determined by the Director. not limited to trade or quantity 3818 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules discounts and discounts for prompt making a firm sale, telephone a notice provided in the information given in the payment) whether expressed as such or of sale to Public Law 480 Operations original notice of sale or any as ‘‘commissions’’ to the importer, CCC Division, FAS. A sale is considered firm amendment thereto, but also any change will only pay the invoice amount after when the supplier has been notified by in any other terms and conditions of the the discount (supplier’s contracted price the importer of an award, even though contract. less all discounts). the contract is conditioned on approval (2) The notice of contract amendment (b) Selling agents. (1) A supplier may by FAS (see § 17.5(b)(1).) If the supplier must contain the following: not make a payment to a selling agent fails to furnish a notice of sale within 3 (i) A request that USDA approve an employed or engaged by the supplier to working days after the date of sale, CCC amendment to the specifically identified obtain a contract. This prohibition has the right to refuse to finance the sale contract between (the participant or applies to any payment to a person who sale. importer) and (the commodity supplier). has acted as a selling agent to obtain a (b) Sale approval. (1) Public Law 480 (ii) A statement of what the contract even though the payment may Operations Division will notify the amendment consists of (as, extension of be for services performed that are not supplier by telephone of approval of the delivery period through (date)) and a themselves services to obtain a contract. notice of sale. detailed explanation of the reasons for (2) A person is deemed to act ‘‘to (2) The supplier will prepare Form the amendment. obtain a contract’’ if the person acts on FAS–359, ‘‘Declaration of Sale,’’ and (iii) A statement that the contract behalf of a commodity supplier to: submit it to Public Law 480 Operations amendment has been agreed to by both (i) Influence a buyer to award a Division promptly as soon as FAS has buyer and seller. contract to the supplier; provided the CCC Registration Number (3) Public Law 480 Operations (ii) Give the supplier a competitive to the supplier. The supplier or the Division, FAS, will notify the supplier advantage in relation to other potential supplier’s authorized representative as to whether the amendment is suppliers; or must sign the form. approved or disapproved. (iii) Influence CCC to approve a (3) Each Form FAS–359 shall cover (4) The supplier shall furnish a copy contract for financing under these only a single sale contract. If a sale is of the USDA approval of the regulations. made under two or more purchase amendment with other documentation (3) CCC will not consider acts which authorizations, the supplier will prepare submitted to obtain payment. are purely ministerial in nature and do separate forms for each purchase (5) If the supplier fails to furnish not require the exercise of personal authorization. notice of a contract amendment to influence, judgment, or discretion (such (4) If any correction is needed to the Public Law 480 Operations Division, as attending bid openings or presenting Form FAS–359, the supplier must FAS, within 3 working days after the offers at bid openings), or services to immediately notify FAS. If a contract is date of such amendment, CCC has the implement a contract after it has been amended, the supplier should present right to refuse to finance the sale or any entered into by the parties (such as the original Form FAS–359 for payment portion of the sale. handling documentation problems or along with a copy of the written USDA (6) Any amendment must be contract disputes), as acts to obtain a approval of the contract amendment. consistent with the provisions of the contract. (c) Sale disapproval. (1) Public Law purchase authorization and this subpart (c) Other prohibitions. (1) Suppliers of 480 Operations Division, FAS, will and must otherwise be acceptable to commodities or ocean transportation notify the supplier by telephone when Public Law 480 Operations Division, may not: a sale is disapproved for financing. The FAS. (i) Pay a commission to the related contract between the supplier participant or importer; to any agency, and importer shall, for purposes of § 17.8 Ocean transportation. including an agency of the government financing, be considered null and void. (a) General. (1) This section applies to of the importing country or the (2) On receipt of a notice of the financing of ocean freight or ocean destination country; or to a corporation disapproval, the supplier shall promptly freight differential. Ocean freight will be owned or controlled by the participant notify the importer. financed by CCC only to the extent or the government of the importing (d) Contract delivery period. Price specifically provided for in the purchase country or the destination country. approval is limited to exports made authorization. The purchase (ii) Pay a commission to any affiliate during the delivery period stated in the authorization may provide requirements of the participant, if the participant is a notice of sale or any contract in addition to or in lieu of those private entity; amendment approved by the Public Law (iii) Make any payment to an agent of specified in this section. 480 Operations Division, FAS. If the (2) The supplier of ocean the participant or importer, in the supplier cannot complete delivery by person’s capacity as such agent, other transportation must be engaged in the the terminal delivery date of the than total ocean transportation business of furnishing ocean contract delivery period, the supplier brokerage commissions which do not transportation from the United States and the participant or importer shall and must have a person, principal or exceed 21⁄2 percent of the freight. (iv) Pay an address commission or submit a notice of contract amendment agent, on whom service of judicial payment. as provided in paragraph (e) of this process may be had in the United States. (2) For ocean transportation, in section. If the supplier fails to comply, (3) The quantity of the commodity addition to this paragraph, see also § 17.10(d) of the regulations shall apply. which must be shipped on privately § 17.8(j). (e) Contract amendments. (1) The owned U.S.-flag commercial vessels will (3) If a payment is made in violation supplier and the participant or importer be determined by the Director. of this section, CCC may demand dollar shall each submit a written notice of (4) The supplier of ocean refund of the entire amount financed by each contract amendment to the transportation shall release copies of the CCC under the contract. Director immediately after the ocean bills of lading to the supplier of amendment to the contract is made. the commodity promptly upon § 17.7 Notice of sale procedures. This includes not only any change in completion of loading of the vessel. (a) Telephonic notice of sale. The the contract delivery period or any other (5) When CCC finances any part of the supplier shall, immediately upon terms and conditions of the contract as ocean freight or the ocean freight Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3819 differential, the participant must open (3) Records of offers. Copies of all contracts for any voyage for which CCC an operable irrevocable letter of credit offers received must be promptly finances ocean freight or ocean freight for the portion of the ocean freight not furnished to the Director, who may differential. financed by CCC. The amount of the require the participant, or its shipping (e) Special charter party provisions letter of credit shall be computed using agent, to submit a written certification required when any part of ocean freight the information provided in the Form to the GSM that all offers received (with is financed by CCC. This paragraph CCC–106. The letter of credit shall the times of receipt designated thereon) applies when CCC finances any part of provide for sight payment or acceptance were transmitted to the Department. For the ocean freight for commodities of a draft, payable in U.S. dollars, on the purposes of this paragraph ‘‘time of booked on charter terms. In the event of basis of the quantities specified in the receipt’’ shall be the time a hand-carried any conflict between the provisions of applicable ocean freight contract. If the offer, mailed offer, or telegram was the regulations in this subpart and the supplier of ocean transportation accepts received at the designated location for charter party or ocean bills of lading the commodity before receipt of an presentation or, if transmitted issued pursuant thereto, the provisions acceptable letter of credit from a bank, electronically, the time the offer was of the regulations in this subpart shall the supplier takes such action at its own received, as supported by evidence prevail. The charter party shall contain risk. This action in itself does not affect satisfactory to the Director. or, for the purpose of financing pursuant eligibility for CCC financing. (4) Re-tenders. The Director may to the regulations in this subpart, be (b) Contracting procedures.—(1) permit or require a participant to refuse deemed to contain the following Invitations for Bids (IFB’s). (i) Public any and all bids, and in such case a provisions: freight ‘‘Invitations for Bids’’ are participant may conduct a re-tender (1) That if there is any failure on the required in the solicitation of freight with the approval of the Director. The part of the supplier of ocean offers from all U.S. and non-U.S. flag Director shall not approve or require transportation to perform the charter vessels when CCC is financing any freight re-tenders unless they will party after the vessel has tendered at the portion of the ocean freight. increase the likelihood of meeting U.S. loading port, the charterer shall be (ii) For non-U.S. flag vessels when flag cargo preference requirements, will entitled to incur all expenses which in CCC is not financing any portion of the permit the desired quantity to be the judgment of the General Sales ocean freight, public freight IFB’s are shipped, will likely result in reduced Manager are required to enable the also required unless otherwise CCC expenditures, or are otherwise vessel to carry out her obligations under authorized by the Director, or unless the determined to be in the best interest of the charter party including, but not participant requires the use of vessels the program. limited to, expenses for lifting any liens (c) Request for vessel approval. The under its flag, the flag of the destination asserted against the vessel. pertinent terms of all proposed charters (2) That, notwithstanding any prior country, or other non-U.S. flag vessels and all proposed liner bookings, assignments of freight made by the under its control. Vessels considered to regardless of whether any portion of owner or operator, the expenses be under the control of the participant ocean freight is financed by CCC, must authorized in paragraph (e)(1) of this or the destination country include be submitted to the Director for review section may be deducted from the vessels under time charters, bare boat and approval before fixture of the freight earned under the charter party. charters, consecutive voyage charters, or vessel. Tentative advance vessel (3) That ocean freight is earned and other contractual arrangements for the approvals may be obtained by telephone that 100% thereof is payable by the carriage of commodities which provide provided Form CCC–105, Ocean charterers when the vessel and cargo guaranteed access to vessels. Shipment Data—Pub. L. 480 (Request arrive at the first port of discharge, (iii) Prior to release to the trade, all for Vessel Approval), is furnished subject to paragraph (e)(4) of this freight IFB’s must be submitted to the promptly confirming the information section, and to the further condition that Director for approval. Freight IFB’s must supplied by telephone. The Form CCC– if a force majeure as described in be issued by means of the 105 shall be submitted in duplicate to paragraph (l)(1) of this section results in Transportation News Ticker, New York, the Director. the loss of part of the vessel’s cargo, plus at least one other means of (d) Advice of vessel approval. (1) 100% of the ocean freight is payable on communication. USDA will give written approval of the part so lost. This provision does not (iv) All freight IFBs must: charters and liner bookings on Form relieve the carrier of the obligation to (A) Specify a closing time for the CCC–106, ‘‘Advice of Vessel Approval.’’ carry to other points of discharge if so receipt of offers and state that late offers The Form CCC–106 will state whether required by the charter party. will not be considered; CCC will finance any part of the ocean (4) That if a force majeure as (B) Provide that offers are required to freight. For f.a.s. or f.o.b. shipments, described in paragraph (l)(1) of this have a canceling date no later than the CCC will issue a signed original of Form section prevents the vessel’s arrival at last contract layday specified in the IFB; CCC–106 to the ocean carrier when CCC the first port of discharge, the freight (C) Provide the same deadline for finances any part of the ocean freight. shall be payable by the charterer at the receipt of offers from both U.S. flag For c.& f. or c.i.f. shipments, CCC will time the General Sales Manager vessels and non-U.S. flag vessels. issue Form CCC–106 to the supplier of determines that such force majeure was (2) Competitive bidding. When CCC is commodity. the cause of nonarrival. financing any portion of the freight, all (2) If CCC agrees to finance any (5) That laydays are non-reversible. offers shall be opened in public in the portion of the ocean freight, the (6) That in a dispute involving any United States at the time and place participant or its agent shall forward a rights and obligations of CCC, including specified in the IFB. Offers shall be copy of the ocean freight contract rights and obligations as successor or opened prior to receipt of offers for the immediately after execution to the assignee, which cannot be settled by sale of commodities as the Director Director for review and approval prior agreement, the dispute shall not be determines appropriate. Only offers to issuance of Form CCC–106. subject to arbitration. which are responsive to the IFB may be (3) CCC may also require the supplier (f) Special charter party information considered, and no negotiation shall be of ocean transportation to submit copies required when any part of ocean freight permitted. of lightening, stevedoring, or bagging is financed by CCC. When CCC finances 3820 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules any part of the ocean freight for financed either separately or as part of specified detention rate. The ocean commodities booked on charter terms, the commodity contract price, the transportation supplier shall be entitled the charter party shall contain the following shall apply: to reimbursement for detention costs for following information: (1) Ocean freight contracts must show all time so lost, for each calendar day or (1) The name of each party the ocean freight rate from one loading any part of the calendar day, including participating in the ocean freight port to one discharge port, and may Saturdays, Sundays and holidays. The brokerage commission, if any, and the provide for an increase in rate for an period of such delay shall not percentage thereof payable to each additional port of loading or discharge, commence earlier than upon party; or other option. CCC, however, will presentation of the vessel at the (2) The name of the vessel and the finance initially the lowest such rate or designated loading port within the name of the substitute vessel, if any. OFD, as appropriate. Increased amounts laydays specified in the ocean freight (g) Notice of arrival. Each Form CCC– due because of the exercise of such contract, and upon notification of the 106 will indicate whether a notice of option will be financed only after vessel’s readiness to load in accordance arrival is required. A notice of arrival, receipt of an ocean bill of lading or with the terms of the applicable ocean when required, must be furnished other evidence showing that the option freight contract. The period of such promptly by the participant or its was exercised. delay shall end at the time that operable designated agent or other source (2) In the case of transshipment to a irrevocable letters of credit have been acceptable to CCC (excluding the carrier foreign flag vessel, CCC will finance the established for the applicable ocean or its agent) and must include the name ocean freight or OFD, as appropriate, freight or the time the vessel begins of the vessel, the purchase authorization only to the point of transshipment, at a loading, whichever is earlier. Time number, the first port of discharge, and rate determined by the GSM, and CCC calculated as detention shall not count the date of arrival. The notice of arrival will not finance any part of the ocean as laytime. Reimbursement for such of the vessel also constitutes prima facie freight beyond the point of detention shall be payable no later than evidence of arrival of the cargo. transshipment unless specifically upon the vessel’s arrival at the first port (h) Foreign flag vessels. The cost of approved by the GSM. If the commodity of discharge. ocean transportation will be financed by was transported from a U.S. port and (l) Force majeure. (1) The GSM will CCC on non-U.S. flag vessels only when, was transshipped at another U.S. port, waive the requirement for the notice of and to the extent, specifically provided CCC will not finance, without prior arrival required by Form CCC–106 by a in the applicable purchase approval of the GSM, any part of the written notice to the supplier of ocean authorization. ocean freight incurred before transportation on the receipt of evidence (i) U.S.-flag vessels. When a transshipment. satisfactory to the General Sales commodity is required to be shipped on (3) The ocean freight rate eligible for Manager that the vessel is lost or unable a privately owned U.S.-flag commercial CCC financing and the rate used for the to proceed to destination after vessel, Form CCC–106 will set forth: U.S.—flag vessel in calculating ocean completion of loading as a result of one (1) The rate of the ocean freight freight differential shall not exceed the or more of the following causes: Damage differential, if any, which the Director following rates for the category of the caused by perils of the sea or other determines to exist between the vessel concerned: waters; collisions; wrecks; stranding prevailing foreign-flag vessel rate and (i) For commodities covered by without the fault of the carrier; jettison; the U.S.-flag vessel rate; and published tariff rates—the published fire from any cause; Act of God; public (2) The approximate tonnage for conference contract rate; enemies or pirates; arrest or restraint of which CCC will authorize (ii) For other commodities—the princes, rulers or peoples without the reimbursement of ocean freight or ocean market rate prevailing at the time of fault of the supplier of ocean freight differential, as appropriate. request for approval as determined by transportation; wars; public disorders; (j) Items not eligible for financing by the Director, but in any event not in captures; or detention by public CCC. The following costs will not be excess of rates charged other shippers authority in the interest of public safety. financed by CCC, either separately or as (irrespective of booking dates) for like The supplier may substitute such part of the commodity contract price: commodities on the voyage concerned. waiver for the notice of arrival. (1) Loading, trimming, and other (4) Payment will be made for ocean (2) The determination of a force related shipping expenses unless freight or OFD, as appropriate, from majeure by the GSM shall not relieve included in the ocean freight rate; loading points to discharge points at the participant from its obligation under (2) Discharge costs unless included in rates approved by the Director on Form the Agricultural Commodities the ocean freight rate; CCC–106 in conformity with paragraph Agreement to pay CCC, when due, the (3) The cost of ‘‘dead freight’’; (k)(3) of this section. dollar amount of ocean freight, plus (4) Cargo dues and taxes assessed by (5) Freight for a vessel designated on interest (exclusive of ocean freight the importing or recipient country; Form CCC–106 as a U.S. flag vessel shall (5) Surcharges assessed by steamship differential), financed by CCC. not be eligible for financing unless such (m) Demurrage/despatch. CCC will conferences or carriers, unless vessel complies with the provisions of not finance demurrage and CCC will not specifically authorized by the Director; (6) General average contributions; Public Law 87–266. share in despatch earnings. Owners and (7) Stevedoring overtime and vessel (6) Ocean freight contracts must commodity suppliers will settle laytime crew overtime; specify that the participant shall be accounts at load port(s) and owners and (8) Ship’s disbursements; liable for detention of the vessel for charterers will settle laytime accounts at (9) Ocean transportation brokerage loading delays attributable solely to the discharge port(s). Under no commissions in excess of 2–1/2 percent decision of the supplier of ocean circumstances shall CCC be responsible of the freight; transportation not to commence loading for resolving disputes involving (10) Any payments prohibited in because of the failure of the participant calculation of laytime or the payment of § 17.6(b) and (c); and to establish an ocean freight letter of demurrage or despatch. (11) Detention. credit in accordance with paragraph (n) Ocean freight included in the (k) General financing provisions. (a)(4) of this section. However, ocean commodity contract price. For cost and When any part of ocean freight will be freight contracts may not contain a freight or c.i.f. contracts the ocean Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3821 freight, or the ocean freight differential, expressed in dollars, the amount for first transaction under the contract. The as appropriate, will be financed only to which financing is requested from CCC, unit price shown on the supplier’s the extent specifically provided in the the amount not eligible for financing by invoice must not exceed the approved applicable purchase authorization. CCC, and basis of delivery of the unit price shown on the Form FAS–359. (o) Separate freight contracts. commodity (e.g., f.o.b. vessel). In (ii) For subsequent transactions under Contracts for ocean transportation, arriving at the net invoice price there the same contract, the supplier shall under a purchase authorization which shall be deducted: certify on the CCC copy of the detailed limits delivery terms to f.o.b. or f.a.s., (i) All discounts from the supplier’s invoice as follows: contracted price through payments, must be separate and apart from the I hereby certify that the applicable Form contracts for the commodity. credits, or other allowances made or to FAS–359 was submitted to CCC with be made to the importer, the importer’s § 17.9 CCC payment to suppliers. documents covering Invoice No. agent or consignee; llllllll dated (a) General. (1) The supplier shall (ii) All purchasing agents’ llllllllllll for request payment from CCC for the commissions; llllllllll amount of the commodity price or the (iii) All other amounts not eligible for $ . ocean freight or ocean freight financing. (7) Bill of lading. Four copies of the differential to be financed by CCC. (3) Additional payment. A request for ocean bill of lading. (2) The supplier shall support such a an additional payment submitted for a (8) C.&.f. or c.i.f. sales. In addition to request for payment by presenting to transaction for which all or part of the the above, the following requirements CCC the documents required by this required documents have been apply for c.& f. or c.i.f. sales: section, the purchase authorization, and previously submitted to CCC shall be (i) Signed original of Form CCC–106. the IFB, unless such documents were supported by a Form CCC–329 (ii) The supplier’s detailed invoice previously submitted to CCC. Such ‘‘Supplier’s Certificate’’ and the shall show a computation of the dollar documents, however, need not be supplier’s detailed invoice, covering the amount of ocean freight differential, submitted when and to the extent that additional amount requested. The whenever the Form CCC–106 provides the Controller determines that the supplier’s invoice must show the date, for an ocean freight rate differential on intended purpose of a document is serial number and the amount of the a cost and freight or c.i.f. sale and served by documents otherwise original invoice and the basis for the authorizes financing of any portion of available to or under the control of CCC additional amount claimed. ocean freight by CCC. In arriving at the or by alternate documents specified in (4) Weight certificate. The weight net invoice price the supplier shall such determination. certificate shall be issued by or on deduct the ocean freight, or portion (3) CCC will examine each document authority of a State or other thereof which is not being financed by with reasonable care to ascertain that it governmental weighing department, CCC. appears on its face to be in accord with Chamber of Commerce, Board of Trade, (iii) One nonnegotiable copy of the documentary requirements. When CCC Grain Exchange, or other independent insurance certificate or policy where the has determined that all required organization or firm providing public cost of insurance is included in the documents have been submitted and weighing services. Such organization or price of the commodity to be financed that the documents are acceptable, CCC firm must have by CCC. will pay the supplier for the commodity (i) Qualified, impartial, paid (iv) A request for an additional price or the ocean freight or ocean employees who are stationed at the port payment shall also include a statement freight differential to be financed by facility or, if authorized under the signed by the ship’s master or owner (or CCC which is supported by the applicable purchase authorization, other agent of either of them) showing documents. facility where weights customarily are exercise of the higher-rated option, if (b) General documentation determined, one of whom performed the the payment is stated to be due because requirements. The supplier must put the weighing covered by the certificate, or of the exercise of a higher-rated option appropriate purchase authorization (ii) Qualified, independent, impartial, provided in an ocean freight contract. number on all required documents supervised, weighmasters stationed at (d) Documents required for which are prepared under the supplier’s the port facility or, if authorized under payment—ocean freight financed control, and should arrange for the the applicable purchase authorization, separately from commodity price. appropriate purchase authorization other facility where weights are (1) Supplier’s certificate. A signed number to be put on all other required customarily determined, one of whom original of Form CCC–329, ‘‘Supplier’s documents at the time of their supervised the employee of such a Certificate’’, to be executed by the preparation. facility in the performance of the carrier or its agent, covering the dollar (c) Documents required for payment— weighing covered by the certificate. cost of ocean freight or ocean freight commodity. The general provisions (5) Federal appeal inspection differential. relating to required documents are as certificate. A Federal appeal inspection (2) Ocean bill of lading. One copy of follows. Additional requirements for certificate, when included in the the ocean bill of lading and, if required payment to commodity suppliers for c.& documents presented for payment, shall by the related Form CCC–106, a notice f. or c.i.f. sales are contained in supersede any other inspection of arrival at the first port of discharge of paragraph (c)(8) of this section. certificate required by this subpart, the the vessel named in the Form CCC–106. (1) Supplier’s certificate. A signed applicable purchase authorization, the In lieu of a notice of arrival the carrier original of Form CCC–329 ‘‘Supplier’s IFB or the contract. may present a waiver of the notice of Certificate’’ from the commodity (6) Form CCC–359. (i) Form FAS–359, arrival signed by the GSM or Controller. supplier covering the net invoice price ‘‘Declaration of Sale,’’ signed for the (3) Invoice. One copy of the carrier’s for the commodity. GSM, is the written document by which invoice which shows the total freight (2) Supplier’s detailed invoice. Two USDA notified the supplier that the sale costs, the amount not eligible for copies of the supplier’s detailed invoice was approved for financing. The financing by CCC, and the amount for showing quantity, description, supplier shall submit Form FAS–359 to which payment is requested from CCC. contracted price, net total invoice price CCC with the documents covering the If the invoice relates to a U.S.-flag 3822 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules vessel, such invoice shall contain the amount financed by CCC (or such lesser (e) Refund of local currency or following typed or stamped amount as the GSM may demand) reduction of amount due. Immediately certification, executed by the supplier: whenever the GSM determines that the after receipt by CCC of U.S. dollar The undersigned hereby certifies that the participant has failed to comply with payment from suppliers or from or for vessel named herein and for which ocean any agreement or commitment made by the account of the participant under this freight is claimed, qualifies as a privately the participant in connection with the section, CCC will provide for payment owned U.S.-flag commercial vessel within transaction financed or with the to the participant of the local currency the requirements of Pub. L. 87–266 and is an applicable Agricultural Commodities equivalent of dollars received, if such eligible U.S.-flag vessel for the purposes of Agreement between the U.S. and the local currency has been deposited for Pub. L. 664, 83rd Congress. participant. the particular transaction or will credit (4) Form CCC–106. Signed original of (b) Adjustment refunds. All claims by the participant’s account as follows: Form CCC–106. importers for adjustment refunds arising (1) For payments under this section, (5) Ocean freight contract. One copy out of terms of the contract or out of the except paragraph (a), the local currency of the ocean freight contract. normal customs of the trade, including refunded will be at the exchange rate (6) Higher rated option. A request for arbitration and appeal awards, agreed to by the Government of the payment of any amounts claimed allowances, and claims for overpayment United States and the participant in because of the exercise of a higher rated of ocean transportation, if such refunds effect at the time the local currency is option following payment of a lower relate to amounts financed by CCC, shall paid to or for the account of the rated option pursuant to § 17.8(k)(1) be settled by payment in U.S. dollars importer except that if there has been a shall be supported by the following and such payment shall be remitted by change in the exchange system or documents: the supplier to CCC. The remittance structure of the importing country or the (i) One copy of the carrier’s invoice as shall be identified with the date and described in paragraph (d)(3) of this destination country, such payment shall amount of the original payment and the be made at the agreed exchange rate section except for the certification applicable purchase authorization required therein. which was in effect on the date of dollar number. disbursement for the transaction (ii) The Form CCC–329, Supplier’s (c) Insurance on c.i.f. sales. The Certificate, for the balance claimed. financed, and except further that local provisions of this paragraph apply only currency shall not be paid when the (iii) A statement signed by the ship’s to transactions under purchase master, owner, or owner’s agent, and dollars are to be reauthorized for authorizations that specifically replacement of the commodity. signed laytime statements or other authorize c.i.f. sales in which the cost of written concurrence of charterer or the insurance is included in the net c.i.f. (2) For payment under paragraph (a) charterer’s agent showing the exercise of invoice price of the commodity of this section, the local currency the higher rated option. financed. When the supplier furnishes refunded will be at the agreed exchange (e) Payment of freight by CCC prior to insurance in favor of or for the account rate in effect on the date of the dollar the vessel’s arrival at the discharge port. of the importer, the policies or disbursement for the transaction (1) Upon request by the supplier, CCC certificates of insurance shall include a financed: Provided, that local currency may pay the ocean freight or ocean loss payable clause which provides that will not be refunded to the extent that freight differential to be financed by all claims shall be paid in U.S. dollars deposits of such currency have been CCC before the vessel arrives at the first to the Controller. Such payments shall made available to the participant on a port of discharge if the supplier be accompanied by advice of the grant basis. furnishes CCC financial coverage in the purchase authorization number, the (3) For refunds received by CCC under form of an acceptable letter of credit names and addresses of the supplier and long-term credit agreements the from a U.S. bank. importer, the nature of the claim, the participant’s account shall be credited (2) The amount of security required quantity of the commodity involved in with the dollar amount refunded or by CCC under paragraph (e)(1) of this the claim, the date of shipment, the bill otherwise recovered, and the participant section may be computed by of lading number, and the name of the notified accordingly. multiplying the ocean freight rate or vessel. CCC will credit the account of ocean freight differential rate financed the participant or will refund local § 17.11 Recordkeeping and access to by CCC as shown on the related Form records. currency in accordance with paragraph CCC–106 times either— (e) of this section. (i) The tonnage shown on the related Suppliers and agents of the bill of lading, if the bill of lading is (d) Refund of ineligible amounts. If a participant or importer shall keep furnished to CCC; or sale has been financed and CCC accurate books, records and accounts (ii) The tonnage stated in the ocean determines that the sales price exceeds with respect to all contracts entered into freight contract (without tolerance). the price permissible under § 17.5(b)(4), hereunder, including those pertaining to (3) On receipt of an acceptable letter or that the sale is otherwise ineligible ocean transportation-related services of credit, the Controller will issue a for financing, in whole or in part, the and records of all payments by suppliers waiver of the notice of arrival which is supplier shall refund in dollars such to representatives of the importer or required under paragraph (d)(2) of this excess price or ineligible amount to CCC participant, if CCC finances any part of section. promptly on demand. If not promptly the ocean freight. Suppliers and agents (f) Advice of amount financed. CCC refunded, such amount may be set off by shall permit authorized representatives will forward advice of payment to the CCC against monies it owes to the of the U.S. Government to have access participant. supplier. The making of any such to their premises during regular hours to refund to CCC, or any such setoff by inspect, examine, audit and make copies § 17.10 Refunds and insurance. CCC shall not prejudice the right of the of such books, records and accounts. (a) Participant—failure to comply. supplier to challenge such Suppliers and agents shall retain such The participant shall pay in U.S. dollars determination in a court action brought records until the expiration of three promptly to CCC on demand by the against CCC for recovery of the amount years after final payment under such General Sales Manager the entire refunded or set off. contracts. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3823

Signed at Washington, D.C. on September Riverdale, MD 20737–1232, (301) 734– until expended, to cover the costs of 13, 1996. 5901. providing AQI services and Christopher E. Goldthwait, administering the AQI program. SUPPLEMENTARY INFORMATION: General Sales Manager, Foreign Agricultural For each of fiscal years 1997 through Service and Vice-President, Commodity Background 2002, fees collected in excess of $100 Credit Corporation. The regulations in 7 CFR 354.3 million may be used to cover the costs [FR Doc. 97–1736 Filed 1–24–97; 8:45 am] (referred to below as the ‘‘regulations’’) of providing AQI services and are BILLING CODE 3410±10±P contain provisions for the collection of automatically available. This is a major change from the user fees for certain agricultural situation under our previous authority. quarantine and inspection (AQI) Animal and Plant Health Inspection Under our previous authority, services provided by the Animal and Service reimbursement was controlled by Plant Health Inspection Service spending limitations imposed through (APHIS). In this docket, we are 7 CFR Part 354 the annual congressional budget proposing to amend the user fees for [Docket No. 96±038±1] appropriations process. Since this servicing certain commercial vessels, spending authority was determined RIN 0579±AA81 commercial trucks, commercial railroad each year, it was not a dependable cars, commercial aircraft, and vehicle for funding long-term needs User Fees; Agricultural Quarantine and international airline passengers arriving such as permanent personnel. This Inspection Services at ports in the customs territory of the made it extremely difficult to keep pace United States from points outside the AGENCY: Animal and Plant Health with workload demands and be able to United States. (The customs territory of respond quickly to emergencies and Inspection Service, USDA. the United States is defined in the ACTION: Proposed rule. unanticipated industry expansion. regulations as the 50 States, the District Under the Farm Bill, as amended, we of Columbia, and Puerto Rico.) SUMMARY: We are proposing to amend may spend all AQI user fees we collect These user fees are authorized by the user fee regulations by adjusting the in excess of $100 million for the next 5 section 2509(a) of the Food, Agriculture, fees charged for certain agricultural years, as long as we spend the money Conservation, and Trade Act of 1990 (21 quarantine and inspection services we only to provide AQI services. Any U.S.C. 136a). This statute, known as the provide in connection with certain money we do not spend must remain in Farm Bill, was amended by section 504 commercial vessels, commercial trucks, the Account. After FY 2002, any of the Federal Agriculture Improvement commercial railroad cars, commercial unobligated balance in the Account and and Reform Act of 1996 (Pub. L. 104– aircraft, and international airline any other amounts collected but not 127), on April 4, 1996. passengers arriving at ports in the disbursed will be credited to APHIS for As amended, the 1990 Farm Bill customs territory of the United States. future AQI activities. provides that APHIS may prescribe and We are proposing to set user fees in We anticipate that this authority will collect fees sufficient to cover the cost advance for these services for fiscal have a major impact on the way APHIS of providing AQI services in connection years 1997 through 2002. We have administers its AQI user fees. Costs to with the arrival, at a port in the customs determined that the fees must be provide services supported by user fees territory of the United States, of adjusted to reflect the anticipated actual each year since fees were instituted in commercial vessels, commercial trucks, cost of providing these services through 1991 are shown in the following table. commercial railroad cars, commercial FY 2002. The cost of the AQI program exceeded aircraft, and international airline $100 million in FY 1995, and is DATES: Consideration will be given only passengers. The Farm Bill also provides projected to exceed $100 million in FY to comments received on or before that APHIS may prescribe and collect 1996. March 28, 1997. fees sufficient to cover the cost of ADDRESSES: Please send an original and providing preclearance or preinspection COSTS TO RUN THE AQI PROGRAM three copies of your comments to at a site outside the customs territory of Docket No. 96–038–1, Regulatory the United States to such passengers FY 1991 ... Appropriated funds for entire fis- Analysis and Development, PPD, and vehicles. The Farm Bill further cal year (user fees collected APHIS, suite 3CO3, 4700 River Road states that the fees should be sufficient were used to capitalize the Unit 118, Riverdale, MD 20737–1238. to cover the cost of administering the fee AQI User Fee Account). Please state that your comments refer to program, and sufficient to maintain a FY 1992 ... $ 85,922,000.00. Docket No. 96–038–1. Comments FY 1993 ... 83,362,000.00. reasonable balance in the Agricultural FY 1994 ... 98,257,160.00. received may be inspected at USDA, Quarantine Inspection User Fee FY 1995 ... 105,907,999.00. room 1141, South Building, 14th Street Account (discussed below). In addition FY 1996 ... 127,027,001.00 (projected). and Independence Avenue SW., to user fees, the Farm Bill, as amended, Washington, DC, between 8 a.m. and authorizes APHIS to assess late payment Since FY 1992, APHIS has received 4:30 p.m., Monday through Friday, penalties and interest charges if a no directly appropriated funds to except holidays. person fails to pay a fee when due. The provide AQI services. Although the FOR FURTHER INFORMATION CONTACT: For Farm Bill, as amended, establishes a no- Farm Bill, as amended, speaks of information concerning program year fund, known as the ‘‘Agricultural ‘‘appropriations,’’ the term does not Operations, contact Mr. Jim Smith, Quarantine Inspection User Fee mean money out of the general treasury Operations Officer, Program Support, Account’’ (Account), in the Treasury of to run the program, but only the dollar PPQ, APHIS, 4700 River Road Unit 60, the United States. All fees, late payment amount of user fees and other charges Riverdale, MD 20737–1236, (301) 734– penalties, and interest charges collected collected by APHIS that the Agency may 8295. For information concerning rate by APHIS through fiscal year 2002 are spend on the AQI services. development, contact Ms. Donna Ford, to be deposited in the Account. For each We have always based our user fees PPQ User Fees Section Head, FSSB, fiscal year 1997 through 2002, funds in on the actual costs to provide a service BAD, APHIS, 4700 River Road Unit 54, the Account are available to APHIS, during the fiscal year. This means that 3824 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules we did not begin calculating user fees airline passengers. The cost of providing share of the program direction and for one fiscal year until the prior fiscal these services in prior fiscal years support costs, as explained above, year ended. Further, our user fees are served as a basis for calculating our which include items at the regional and published in the Code of Federal projected costs. headquarters program staff levels. Regulations. The process of amending In FY 1992, APHIS established Finally, each projection included a pro the regulations does take time. The accounting procedures to segregate AQI rata share of agency-level support costs, result of this process is that our user user fee program costs. We published a as discussed above, which includes fees lag behind the level of current detailed description of these procedures activities that support the entire agency, costs. in the Federal Register on December 31, such as recruitment and development, Our ability to provide AQI services is 1992 (57 FR 62469–62471), as part of a legislative and public affairs, regulations completely dependent on user fees. It is document (Docket No. 92–148–1) development, regulatory enforcement, therefore extremely important that the amending some of our user fees. budget and accounting services, and user fees we set accurately reflect the As part of our accounting procedures, payroll and purchasing services. Costs actual cost of providing services at the we established distinct accounting for billing and collection services, legal time the services are provided. If our codes to record costs that can be directly counsel, and rate development services user fees do not accurately reflect costs, related to each inspection activity. At that are directly related to user fee and we do not collect enough in fees the State level and below, the following activities are directly added to the user and related charges to cover costs, we costs are direct-charged to the AQI User fee activities they support and are not may be forced to curtail services. This Fee Account: salaries and benefits for included in the proration of agency- could be very damaging to our inspectors and canine officers, level costs. customers and to international trade. supervisors (such as officers-in-charge) We are therefore proposing to set user and clerical staff; equipment used only Development of Estimated Spending fees in advance for AQI services for each in connection with services subject to Amounts fiscal year 1997 through 2002. This user fees; contracts; and large supply would help ensure that we fully recover items such as x-ray equipment or The estimated spending amounts for the actual costs of providing services uniforms. FYs 1997 through 2002 are based on the and that we can continue to provide at Other costs that cannot be directly FY 1996 program level expenditures of least the same level of service we now charged to individual accounts are $106,188,000. The annual projections provide. In addition, setting user fees in charged to ‘‘distributable’’ accounts allow for potential promotions for PPQ advance would give our customers prior established at the State level. The Officers, plus annualized pay cost for notice of fee changes. This would following types of costs are charged to FY 1996 new hires (217 new hires), plus provide our customers with adequate distributable accounts: Utilities, rent, estimated pay costs of 3.0% for FY 1997 time to make business plans, reprogram telephone, vehicles, office supplies, etc. and 3.1% annually for FYs 1998 computers, and otherwise prepare for The costs in these distributable accounts through 2002, plus 30 new hires each changing user fees. In the past, we have are prorated (or distributed) among all year, plus cumulative new hire costs for implemented new fees within 1 month the activities that benefit from the FYs 1998 through 2002. We hired of publishing a final notice. Users of our expense, based on the ratio of the costs additional personnel in FY 1996; we services have commented that better that are directly charged to each activity anticipate additional new hiring in notification of fee changes would enable divided by the total costs directly future years. This is because of them to make better future business charged to each account at the field projected increases in the number of plans. We also plan to publish a notice level. For example, if a State office conveyances and passengers subject to in the Federal Register prior to the performs work on domestic programs, inspection. Our annual projected beginning of each fiscal year to remind AQI user fee programs, and AQI spending amount also includes the costs or notify the public of the user fees for appropriated programs, the costs are of additional preclearance activities in that particular fiscal year. distributed among the programs, based foreign locations (Bermuda, Bahamas, We not only intend to monitor our on the percentage of the direct costs for etc.), plus an allocation for agency fees throughout each year, but we that activity at the field level that is support and departmental charges. In intend to look closely at adjustments to charged to that activity. Costs incurred addition, in FYs 1997 and 1998, a one- fees that may be needed in future years. at the regional, headquarters program time investment of $3.175 million has If we determine that any fees are too staff, and agency-level support offices been added for the complete national high and are contributing to are also prorated to the separate AQI implementation of the Customs unreasonably high reserve levels, we activities based on the percentage of the Service’s Automated Cargo System will publish lower fees in the Federal costs that were directly charged to each (ACS) at all international ports of entry. Register and make them effective as activity at the field level, as discussed While such an investment was planned quickly as possible. If it becomes above. for FY 1996, it was not accomplished. necessary to increase any fees because Using these accounting procedures, As a result, the FY 1997 spending reserve levels are being drawn too low, we calculated the total cost of providing estimate was developed as follows: we will publish, for public comment, AQI services in each past fiscal year by FY 1996 Base ...... $106,188,000 proposed fee increases in the Federal determining the amounts in each direct- Potential Promotions ...... 1,500,000 Register. charge account, then adding the pro rata Annualized Pay Cost—FY share of the distributable accounts 1996 New Hires ...... 4,400,000 Calculation of User Fees maintained at the State, regional, Est. Pay Costs @ 3% ...... 2,639,000 To calculate the proposed user fees, headquarters, and agency levels. Additional 30 New Hire ...... 1,500,000 we projected the direct costs of We then projected total costs to International Preclearance ... 923,000 providing AQI services in FYs 1997 provide each category of service during ACS Implementation ...... 3,175,000 through 2002 for each category of each future fiscal year. Each projection service: commercial vessels, commercial included the costs of program delivery, Subtotal ...... 120,325,000 trucks, commercial railroad cars, which are incurred at the State level and Agency Support @ 7.48% ... 10,027,000 commercial aircraft, and international below. Also included was a pro rata Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3825

Departmental Charges @ vessel, and commercial truck service finally, this result was added to the 2.8% ...... 3,756,000 categories, we used the average volume volume percentage increase for FY 1995, percentage change between FY 1994 and yielding a projected volume percentage FY 1997 Total ...... $134,108,000 1995 for all volume amounts. In our increase of 2.78% for FY 1996. This A similar procedure was used to international air passenger and process was repeated to find growth for project the annual costs and the commercial truck decal service FY 1997–20020. following table indicates the estimated categories, we found that the volume spending amounts for FY 1997–2002. continued to increase each year, but at Fiscal year Volume Percent a decreasing rate. Using the change Projected AQI user Increase from pre- international air passenger volumes fee spending (in thou- 1992 35,211,595 ...... sands) vious fiscal year listed below, the estimated volume percentage increases were calculated in 1993 39,462,243 12.07 FY 1997Ð$134,108 .. 5.6 percent. the following manner: (1) First, the 1994 41,361,521 4.81 FY 1998Ð139,299 .... 3.9 percent. volume percentage decline between FY 1995 42,874,898 3.66 FY 1999Ð141,101 .... 1.3 percent. 1994 and FY 1995 was determined by FY 2000Ð146,621 .... 3.9 percent. subtracting the volume percentage In our loaded railroad car service FY 2001Ð152,314 .... 3.9 percent. increase for FY 1994 (4.81%) from the category, we determined that the FY 2002Ð158,184 .... 3.9 percent. volume percentage increase for FY 1995 volume increase from FY 1994 to FY (3.66%), yielding a negative 1.15%; (2) 1995 (74,006 to 102,258) was a result of Volumes this figure was then divided by the NAFTA and that future increases above We estimated the annual number of volume percentage increase for FY 1994 the FY 1995 level will be minimal. users, in each category of service, that (4.81%), which yields the volume Therefore, we are projecting a modest 2 would be subject to inspection. The percentage decline between FY 1994 percent increase each year. These rates estimates were based on our annual and FY 1995 (i.e., -0.2391); (3) the of increase were then used to project rates of increased activity for each volume percentage decline (-0.2391) activity volumes for each category of service category shown in our FY 1992 was then multiplied by the volume services for FY 1996 and beyond as through FY 1995 collection history. In percentage increase for FY 1995 shown in the following table. our commercial aircraft, commercial (3.66%), yielding a negative 0.87505; (4)

Estimated Estimated Estimated Estimated Estimated Estimated Estimated Service Category Actual 1995 1996 1997 1998 1999 2000 2001 2002 volume volume volume volume volume volume volume volume

Commercial Vessel ...... 48,131 49,051 49,989 50,945 51,919 52,912 53,924 54,955 (Increase over prior year) ...... (1.91%) (1.91%) (1.91%) (1.91%) (1.91%) (1.91%) (1.91%) Commercial Trucks ...... 612,743 618,776 624,868 631,020 637,233 643,507 649,843 656,241 (Increase over prior year) ...... (0.98%) (0.98%) (0.98%) (0.98%) (0.98%) (0.98%) (0.98%) Commercial TrucksÐDe- cals ...... 14,332 15,054 15,656 16,153 16,559 16,890 17,157 17,373 (Increase over prior year) ...... (5.04%) (4.00%) (3.17%) (2.52%) (2.00%) (1.58%) (1.26%) Loaded Railroad Cars ...... 102,258 104,303 106,389 108,517 110,687 112,901 115,159 117,462 (Increase over prior year) ...... (2.00%) (2.00%) (2.00%) (2.00%) (2.00%) (2.00%) (2.00%) Commercial Aircraft ...... 346,624 354,837 363,245 371,852 380,663 389,683 398,917 408,369 (Increase over prior year) ...... (2.37%) (2.37%) (2.37%) (2.37%) (2.37%) (2.37%) (2.37%) Airline Passengers ...... 42,874,898 44,068,934 45,002,791 45,728,430 46,289,479 46,721,624 47,053,518 47,307,853 (Increase over prior year) ...... (2.78%) (2.12%) (1.61%) (1.23%) (0.93%) (0.71%) (0.54%)

Fee Adjustments and Rounding of Fees no longer contain a reserve component. revenue would not necessarily increase At the end of FY 1996, the AQI account the reserve because the additional In calculating the adjusted user fees, is expected to have $ 45.4 million in money would be used to service the we divided the sum of the costs of reserve, about 36 percent of annual increased volume. We rounded all user providing each service by the projected operating costs. Any excess collections fees up to the nearest quarter, except for number of users subject to inspection, due to rounding would be added to the the international airline passenger user thereby arriving at ‘‘raw’’ fees. We then reserve balance for each individual fee fee. Given the sheer volume of rounded the raw fees. All raw fees were category. At the end of FY 2002, the AQI passengers, if we rounded up to the rounded up, rather than down, to ensure account is projected to retain $ 39.8 nearest quarter we would recover far that we collect enough revenue to cover million in reserves, about 25 percent of more than is necessary. Therefore, we the costs of providing services and the projected level of operating costs. If rounded the passenger user fee up to the enough revenue to maintain a an increase in volume results in nearest nickel. reasonable reserve. The individual fees additional revenue from user fees, this 3826 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules

Projected AQI activity Est. total costs Projected volume Raw fee Rounded fee revenue PROPOSED AQI USER FEE RATESÐFY 1997 Commercial Vessel ...... $22,335,718 49,989 $446.81 $447.00 $22,345,083 Commercial Trucks 1 ...... 3,476,174 937,988 3.71 3.75 2,969,495 Loaded Railroad Cars ...... 674,482 106,389 6.34 6.50 691,529 Commercial Aircraft ...... 21,466,674 363,245 59.10 59.25 21,522,266 Airline Passengers ...... 86,154,952 45,002,791 1.91 1.95 87,755,442 Total ...... 134,108,000 ...... 135,283,815 PROPOSED AQI USER FEE RATESÐFY 1998 Commercial Vessel ...... 23,144,561 50,945 454.30 454.50 23,154,503 Commercial Trucks 1 ...... 3,610,728 954,080 3.78 4.00 3,816,320 Loaded Railroad Cars ...... 700,590 108,517 6.46 6.50 705,361 Commercial Aircraft ...... 22,186,158 371,852 59.66 59.75 22,218,157 Airline Passengers ...... 89,656,963 45,728,430 1.96 2.00 91,456,860 Total ...... 139,299,000 ...... 141,351,201 PROPOSED AQI USER FEE RATESÐFY 1999 Commercial Vessel ...... 23,585,032 51,919 454.27 454.50 23,597,186 Commercial Trucks 2 ...... 3,657,338 968,413 3.78 4.00 3,873,652 Loaded Railroad Cars ...... 709,738 110,687 6.41 6.50 719,466 Commercial Aircraft ...... 22,727,138 380,663 59.70 59.75 22,744,614 Airline Passengers ...... 90,421,754 46,289,479 1.96 2.00 92,578,958 Total ...... 141,101,000 ...... 143,513,876 PROPOSED AQI USER FEE RATESÐFY 2000 Commercial Vessel ...... 24,429,991 52,912 461.71 461.75 24,432,116 Commercial Trucks 2 ...... 3,800,416 981,307 3.87 4.00 3,925,228 Loaded Railroad Cars ...... 737,504 112,901 6.53 6.75 762,082 Commercial Aircraft ...... 23,469,623 389,683 60.23 60.25 23,478,401 Airline Passengers ...... 94,183,466 46,721,624 2.02 2.05 95,779,329 Total ...... 146,621,000 ...... 148,377,156 PROPOSED AQI USER FEE RATESÐFY 2001 Commercial Vessel ...... 25,405,975 53,924 471.14 471.25 25,411,685 Commercial Trucks 3 ...... 3,944,933 992,983 3.97 4.00 3,971,932 Loaded Railroad Cars ...... 761,570 115,159 6.61 6.75 777,323 Commercial Aircraft ...... 24,370,240 398,917 61.09 61.25 24,433,666 Airline Passengers ...... 97,831,282 47,053,518 2.08 2.10 98,812,388 Total ...... 152,314,000 ...... 153,406,994 PROPOSED AQI USER FEE RATESÐFY 2002 Commercial Vessel ...... 26,385,091 54,955 480.12 480.25 26,392,139 Commercial Trucks 3 ...... 4,096,966 1,003,701 4.08 4.25 4,265,729 Loaded Railroad Cars ...... 806,738 117,462 6.87 7.00 822,234 Commercial Aircraft ...... 25,356,895 408,369 62.09 62.25 25,420,970 Airline Passengers ...... 101,538,310 47,307,853 2.15 2.15 101,711,884 Total ...... 158,184,000 ...... 158,612,956 1 Except for FY 1997, decals could be purchased for 20 times the individual crossing rate. As explained elsewhere in this document, the decal rate would not be increased for FY 1997, although the individual crossing rate would be. Therefore, projected revenue for FY 1997 reflects 624,868 individual crossings @ 3.75 and 15,656 decal purchases @ 40.00 per decal. 2 Decals could be purchased at 20 times the individual crossing rate, or 80.00 per decal. 3 Decals may be purchased at 20 times the individual crossing rate, or 85.00 per decal.

Current and Future User Fees charge for these services each fiscal year below. Each service and the user fee for Our current user fees for AQI services from 1997 through 2002 are shown it are discussed individually below. and the user fees we are proposing to

AGRICULTURAL QUARANTINE INSPECTION (AQI) USER FEES

Proposed user fees Service Original Current user fee user fee FY 97 FY 98 FY 99 FY 00 FY 01 FY 02

Commercial Vessel ...... $544.00 $369.50 $447.00 $454.50 $454.50 $461.75 $471.25 $480.25 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3827

AGRICULTURAL QUARANTINE INSPECTION (AQI) USER FEESÐContinued

Proposed user fees Service Original Current user fee user fee FY 97 FY 98 FY 99 FY 00 FY 01 FY 02

Commercial Truck ...... 2.00 2.00 3.75 4.00 4.00 4.00 4.00 4.25 Commercial Truck Decal ... 40.00 40.00 40.00 80.00 80.00 80.00 80.00 85.00 Loaded Railroad Car ...... 7.00 7.00 6.50 6.50 6.50 6.75 6.75 7.00 Commercial Aircraft ...... 76.75 53.00 59.25 5.75 59.75 60.25 61.25 62.25 Airline Passenger ...... 2.00 1.45 1.95 2.00 2.00 2.05 2.10 2.15

We have included in our explanation issuing decals, we have had to wait over arrival. This would result in a prepaid of each activity, the total fee increase a year after each change to evaluate its user fee for FY 1997 of $40.00, the same percentage through FY 2002 and the effectiveness. In spite of the adjustments as the current prepaid user fee for average annual fee increase percentage. we have made, we did not collect commercial trucks. The reason for this These percentages will differ among the enough money during FYs 1992, 1994, is that Customs has already printed activities depending on our projected and 1995 to recover the steadily rising decals for FY 1997. The cost of costs and estimated volumes for each costs of providing AQI services to reprinting decals and replacing those activity. As explained previously, each commercial trucks. We foresee that FY which have already been issued is individual fee is set to reflect the actual 1996 will result in a deficit of over $1 greater than the amount in fees that cost of providing the specific service. million. Because our user fees are could be collected if replacement decals Therefore, the percentage increase or intended to recover full cost, our truck were printed. decrease in a program is directly related user fees must be raised. Commercial Railroad Cars to the actual volume and costs in that The regulations currently provide that program in the past. commercial trucks pay the APHIS user Another AQI service we offer is fee each time they enter the customs inspection of commercial railroad cars. Commercial Vessels territory of the United States from Our current user fee for this service is One of the AQI services we provide is Mexico 1. However, commercial trucks $7.00 per loaded commercial railroad inspection of commercial vessels of 100 are also subject to Customs user fees. car for each arrival, or, if user fees are net tons or more. Our original user fee Our regulations therefore provide that prepaid, an amount 20 times the for this service was $544.00, effective commercial trucks must prepay the individual arrival fee for each loaded May 13, 1991. The current user fee— APHIS user fee if they are prepaying the rail car. Prepaid user fees cover one $369.50—became effective on January 1, Customs user fee. In that case, the calendar year’s worth of AQI 1993, following publication of an required APHIS user fee is 20 times the inspections. These fees have not been interim rule in the Federal Register on user fee for each arrival, and is valid for adjusted since they were established in December 31, 1992 (Docket No. 92–148– an unlimited number of entries during FY 1991 (Docket 91–028, 56 FR 14837 1, 57 FR 62468 et seq., at 62472). This the calendar year (see § 354.3(c)(3)(i) of et seq., at 14845, effective May 13, fee has not been adjusted since January the regulations). The truck owner or 1991). 1, 1993, and the reserve will be depleted operator, upon payment of the APHIS We are proposing to adopt user fees by the end of FY 1996. and the Customs user fees, receives a of $6.50, effective FYs 1997 through Our proposed user fees for decal to place on the truck windshield. 1999; $6.75, effective FYs 2000 and commercial vessels are: $447.00, This is a joint decal, indicating that both 2001; and $7.00, effective FY 2002. effective FY 1997; $454.50, effective FY the Customs and APHIS user fees for the These proposed user fees are all less 1998; $454.50, effective FY 1999; truck have been paid for that calendar than or equal to the current fee. $461.75, effective FY 2000; $471.25, year. Commercial Aircraft User Fee effective FY 2001; and $480.25, effective The current truck user fee is $2.00 for Our user fees also cover the cost of FY 2002. Even though the fee increases individual arrivals; $40.00 for a decal. AQI services provided by APHIS in over 6 years, it remains below the We are proposing to adopt an individual connection with the arrival of original level set in 1991. arrival fee of $3.75 for FY 1997, $4.00 international commercial aircraft at for FYs 1998 through 2001, and $4.25 in Commercial Trucks ports in the customs territory of the FY 2002. We are proposing decal fees of We also offer AQI services to United States. $40.00 in FY 1997, $80.00 FYs 1998 commercial trucks. Our truck user fees The current user fee for international through 2001, and $85.00 in FY 2002. are collected for us by the U.S. Customs commercial aircraft became effective on These proposed fee increases would Service (Customs). March 1, 1996, following publication of The current truck user fees were ensure that we recover the full cost of a final rule in the Federal Register on established in FY 1991 (Docket 91–028, providing AQI services to commercial January 29, 1996 (Docket No. 94–074–2, 56 FR 14837 et seq., at 14844, effective trucks, except in FY 1997. 61 FR 2660–2665). At that time the fee May 13, 1991). The fees have not been With the exception of FY 1997, we are was reduced to $53.00. This reduction adjusted since then. Unfortunately, proposing to retain a prepaid truck user was the second since the user fee was when we established these user fees we fee of 20 times the user fee for each originally set at $76.75, effective underestimated personnel costs and arrival. For FY 1997 we are proposing February 9, 1992. The other reduction overestimated the volume of trucks that a prepaid truck user fee of nearly 11 was from $76.75 to $61.00, effective would be crossing the U.S.-Mexican times the proposed user fee for each January 1, 1993 (Docket No. 92–148–1, border. We have adjusted the decal 57 FR 62468–62473). 1 § 354.3(c)(2)(i) of the regulations states that portion of our collection system several commercial trucks entering the customs territory of We are now proposing to amend the times to make it more efficient. the United States from Canada are exempt from user fee for international commercial However, because of the mechanics of paying an APHIS user fee. aircraft. The fee would be adjusted as 3828 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules follows: $59.25, effective FY 1997; Miscellaneous Amendments in 1992 engaged in water transportation $59.75, effective FYs 1998 and 1999; We are also proposing to amend the of freight internationally between the $60.25, effective FY 2000; $61.25, regulations to clarify that all user fees United States and foreign ports. Of these effective FY 2001; and $62.25, effective collected from international passengers businesses, at least 93 percent would be FY 2002. This user fee would remain in on behalf of APHIS are to be held in considered small according to SBA FY 2002 substantially below the $76.75 trust for the United States by each criteria for a small entity in this category level it was originally set at in 1992. person collecting such user fees, by any (i.e., an entity that employs fewer than International Airline Passenger User person holding such fees, or by the 500 persons). Fee person who is ultimately responsible for APHIS user fees for commercial remittance of such fees to APHIS. By vessels apply only to those of 100 net Another service our user fees cover is clarifying that the international tons or more arriving from foreign ports, the cost of AQI services provided by passenger user fees are held in trust, we except ports in Canada. All of the APHIS in connection with the arrival of make it clear that the person collecting United States’ oceangoing fleet exceeds international airline passengers at a port or possessing the fees shall hold only a 100 net tons, but only a limited portion in the customs territory of the United possessory interest and not an equitable engages in foreign trade. Data from the States. interest in such fees. Department of Transportation’s Our original user fee for international We will allow the person collecting or Maritime Administration shows that airline passengers was $2.00, effective holding the fees to retain any interest there were 319 private oceangoing May 13, 1991. The current $1.45 user earned on the fees between the time of merchant vessels in the United States at fee became effective January 1, 1993, collection and the time the fees are due the beginning of 1996. Of these vessels, following publication of an interim rule to be remitted to APHIS. This would 127 are tankers and the remainder are in the Federal Register on December 31, help offset the cost of collecting and dry cargo vessels. The vast majority of 1992 (Docket No. 92–148–1, 57 FR remitting the fees to APHIS. All other the tankers operate nearly exclusively 62468 et seq., at 62472). This fee has not provisions of our current regulations, between United States ports. They are been adjusted in nearly 3 years, and the such as the date and form of remittance, therefore not subject to the APHIS reserve has been reduced to 25.23 would remain the same. commercial vessel user fee. Those percent of annual operating costs. Executive Order 12866 and Regulatory vessels subject to the APHIS user fee are However, if this fee is not increased, the Flexibility Act mostly dry cargo vessels operating entire reserve will be depleted sometime This rule has been reviewed under between the United States and foreign in FY 1998. ports. We believe, however, that the We are proposing to raise the Executive Order 12866. The rule has been determined to be significant for the impact of the proposed APHIS user fees international air passenger user fee to on these vessels is likely to be minimal, $1.95 in FY 1997, $2.00 in FYs 1998 and purposes of Executive Order 12866 and, therefore, has been reviewed by the whether a vessel is operated by a small 1999, $2.05 in FY 2000, $2.10 in FY or a large entity. Total daily operating 2001, and $2.15 in FY 2002. Under our Office of Management and Budget. This proposed rule, if adopted, costs for dry cargo vessels idle in port proposal, this user fee would increase in would, over a 6 year period, generally averages between $23,600 and $26,800. FY 1997 to $1.95 and then increase to increase user fees for certain The proposed $77.50 user fee increase the original level and remain stable international airline passengers, for FY 1997 represents less than 0.4 through FY 1999. In FYs 2000 through commercial aircraft, commercial vessels, percent of one day’s operating costs of 2002 it would increase by commercial trucks, and commercial an average dry cargo vessel while in approximately 2.5 percent per annum. railroad cars, in order to recover the cost port, and remains $97.00 below the Spread over 6 years, this is an average to APHIS of providing services. Some original fee set in 1991. annual increase of less than 1 percent user fees would be initially reduced. For subsequent years, we are above the original level, and 48 percent Amendments to user fees are necessary above the current fee. proposing either no fee increase (FY to adjust for changes in service volume 1999) or much smaller increases ($7.50, Most of the increase in this user fee and in costs. FY 1998; $7.25, FY 2000; $9.50, FY would be in FY 1997. Over the last These proposed fee changes would 2001; and $9.00, FY 2002). Therefore, several years, increased level of directly affect international commercial we believe the impact of our proposed passenger demand has led APHIS to maritime vessels of 100 net tons or commercial vessel user fees on small expand the AQI program to improve more, commercial trucks, loaded businesses would be minimal. service by reducing passenger delays commercial railroad cars, and and better safeguarding U.S. agriculture commercial aircraft arriving at ports in Commercial Trucks by reducing the risk of exotic pests the customs territory of the United The SBA criterion for a small trucking entering the country. We have hired States. The impact of adjusting each fee firm is one whose annual receipts are over 250 new officers and canine teams is discussed separately below. specifically to clear international airline The proposed fee changes would also less than $18.5 million. We are unable passengers. The additional personnel directly impact international airline to accurately estimate the number of will enable us to keep pace with passengers arriving at ports in the U.S. firms that would be considered workload demand, while performing customs territory of the United States. small by this criterion. However, we high quality inspection services. However, we have not included a believe U.S. firms would be largely However, hiring new personnel to discussion of the effect on airline unaffected by the proposed fee changes. reduce passenger delays and reduce the passengers, as individuals are not In 1991, transportation expenses for risk of exotic pests entering the country covered by the Regulatory Flexibility commercial U.S. trucks traveling from increases our costs to provide Act. Mexico to the United States varied inspection services. This increase in between $85.00 and $175.00 per trip for costs (as well as eliminating further Commercial Vessels trucks carrying non-agricultural draw down in the reserve) is reflected According to the Bureau of the commodities. Assuming constant costs, in the initial fee increase. Census, there were 334 U.S. businesses adding $2.00 to the user fee per truck, Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3829 per crossing, as we propose,2, would distribution of air carriers affected by Accordingly, 7 CFR part 354 would be represent an increase in operating our user fees is unknown, we anticipate amended as follows: expenses of between 1.1 and 2.4 percent that the impact of the proposed fee for trucks carrying non-agricultural increases will be minimal. The greatest PART 354ÐOVERTIME SERVICES commodities. Transportation expenses proposed fee increase—$6.25 per RELATING TO IMPORTS AND for trucks hauling agricultural aircraft per entry in FY 1997—would, EXPORTS; AND USER FEES commodities ranged from $300.00 to when applied to all aircraft subject to 1. The authority citation for part 354 $1,700.00 per trip in 1991. Again, our fee, comprise less than 0.1 percent would continue to read as follows: assuming constant costs, our proposed of the average operating costs of air user fee increases would represent carriers. In addition, the APHIS user fee Authority: 7 U.S.C. 2260; 21 U.S.C. 136 and 136a; 49 U.S.C. 1741; 7 CFR 2.22, 2.80, operating expense increases of between would remain lower in FY 2002 than it and 371.2(c). 0.12 and 0.67 percent for trucks hauling was at its inception, despite increases agricultural goods. It therefore appears starting in FY 1997. 2. Section 354.3 would be amended that the impact on small U.S. In addition to user fees paid directly by revising paragraphs (b)(1), (c)(1), independent trucking firms would be by airlines for aircraft inspection, (c)(3)(i) introductory text, (d)(1), (e)(1), insignificant. airlines collect user fees on our behalf and (f)(1) to read as follows, and by from passengers. Airlines already have adding a new paragraph (f)(4)(i)(C) to Commercial Railroad Cars collection and disbursement systems in read as follows: There are 5 U.S. railroad companies place for international passengers. We § 354.3 User fees for certain international currently transporting goods across the believe it is unlikely that there would be services. U.S.-Mexican border. These railroad any significant increase in the costs of * * * * * companies would be directly affected by maintaining these systems as a result of (b) * * * (1) Except as provided in our proposal to reduce our user fee for our proposed rule. We are proposing paragraph (b)(2) of this section, the this service. These railroad companies that airlines establish trust accounts for master, licensed deck officer, or purser would also be directly affected by the user fees collected from passengers. of any commercial vessel which is subsequent fee increases we are However, we are also proposing that subject to inspection under part 330 of proposing. However, we are not airlines may retain any interest earned this chapter or 9 CFR chapter I, proposing to increase this fee until FY by monies in such accounts. subchapter D, and which is either 2002, at which time the fee would Under these circumstances, the required to make entry at the customs increase to an amount equal to the Administrator of the Animal and Plant house under 19 CFR 4.3 or is a United current fee. We are not proposing to Health Inspection Service has States-flag vessel proceeding coastwise increase the user fee beyond the current determined that this action would not under 19 CFR 4.85, shall, upon arrival, rate. Proposed user fee changes would have a significant economic impact on proceed to Customs and pay an APHIS affect direct operating expenses. Two of a substantial number of small entities. user fee. The APHIS user fee for each these railroad companies met the SBA Executive Order 12372 arrival, not to exceed 15 payments in a criterion for small entities (i.e., fewer calendar year, is shown in the following than 1,500 employees). As of 1991, the This program/activity is listed in the Catalog of Federal Domestic Assistance table. The APHIS user fee shall be most recent year for which figures are collected at each port of arrival. available, these small railroad under No. 10.025 and is subject to companies were transporting between Executive Order 12372, which requires Effective dates Amount 960 and 2,000 loaded railroad cars into intergovernmental consultation with the United States from Mexico annually. State and local officials. (See 7 CFR part [Effective date of docket] through These cars were all subject to the APHIS 3015, subpart V.) September 30, 1997 ...... $447.50 October 1, 1997 through Septem- user fee. Assuming a similar number of Executive Order 12988 cars subject to inspection in future ber 30, 1998 ...... 454.50 This proposed rule has been reviewed October 1, 1998 through Septem- years, in FY 1997 reduced user fees ber 30, 1999 ...... 454.50 would result in a cost savings for these under Executive Order 12988, Civil Justice Reform. If this proposed rule is October 1, 1999 through Septem- railroad companies of between $480.00 ber 30, 2000 ...... 461.75 and $1,000.00. Specific data on the adopted: (1) All State and local laws and October 1, 2000 through Septem- operating expenses or profit margins of regulations that are inconsistent with ber 30, 2001 ...... 471.25 these railroad companies is not this rule will be preempted; (2) no October 1, 2001 ...... 480.25 available to us. However, we believe the retroactive effect will be given to this proposed fee changes would not have rule; and (3) administrative proceedings * * * * * any significant economic effect on small will not be required before parties may (c) * * * (1) Except as provided in railroad companies. file suit in court challenging this rule. paragraph (c)(2) of this section, the Paperwork Reduction Act driver or other person in charge of a Commercial Airlines commercial truck which is entering the According to the latest figures This proposed rule contains no new customs territory of the United States available from the Bureau of the Census, information collection or recordkeeping and which is subject to inspection domestic and international airlines requirements under the Paperwork under part 330 of this chapter or under employed a total of 707,148 employees Reduction Act of 1995 (44 U.S.C. 3501 9 CFR, chapter I, subchapter D, must, in 1992. SBA criterion for a small airline et seq.). upon arrival, proceed to Customs and is one that employs 1,500 or fewer List of Subjects in 7 CFR Part 354 pay an APHIS user fee for each arrival, as shown in the following table: employees. Although the size Exports, Government employees, Imports, Plant diseases and pests, 2 A decal is also available which allows unlimited Effective dates Amount border crossings per year for one fee. This decal is Quarantine, Reporting and available only for trucks which prepay the U.S. recordkeeping requirements, Travel and [Effective date of docket] through Customs user fee which applies to them. transportation expenses. September 30, 1997 ...... $3.75 3830 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules

Effective dates Amount (e) * * * (1) Except as provided in person who is ultimately responsible for paragraph (e)(2) of this section, an remittance of such fees to APHIS. October 1, 1997 through Septem- APHIS user fee will be charged for each APHIS user fees collected from ber 30, 1998 ...... 4.00 commercial aircraft which is arriving, or international passengers shall be October 1, 1998 through Septem- which has arrived and is proceeding accounted for separately and shall be ber 30, 1999 ...... 4.00 from one United States airport to regarded as trust funds held by the October 1, 1999 through Septem- person possessing such fees as agents, ber 30, 2000 ...... 4.00 another under a United States Customs October 1, 2000 through Septem- Service ‘‘Permit to Proceed,’’ as for the beneficial interest of the United ber 30, 2001 ...... 4.00 specified in title 19, Code of Federal States. All such user fees held by any October 1, 2001 ...... 4.25 Regulations, §§ 122.81 through 122.85, person shall be property in which the or an ‘‘Agricultural Clearance or person holds only a possessory interest * * * * * Safeguard Order’’ (PPQ Form 250), used and not an equitable interest. As (3) * * * pursuant to title 7, Code of Federal compensation for collecting, handling, (i) The owner or operator of a Regulations, § 330.400 and title 9, Code and remitting the APHIS user fees for commercial truck, if entering the of Federal Regulations, § 94.5, and international passengers, the person customs territory of the United States which is subject to inspection under holding such user fees shall be entitled from Mexico and applying for a prepaid part 330 of this chapter or 9 CFR chapter to any interest or other investment Customs permit for a calendar year, I, subchapter D. Each carrier is return earned on the user fees between must apply for a prepaid APHIS permit responsible for paying the APHIS user the time of collection and the time the for the same calendar year. Applicants fee. The APHIS user fee for each arrival user fees are due to be remitted to must apply to Customs for prepaid is shown in the following table. APHIS under this section. Nothing in APHIS permits.1 The following this section shall affect APHIS’ right to information must be provided, together Effective dates Amount collect interest for late remittance. with payment of an amount 20 times the * * * * * [Effective date of docket] through APHIS user fee for each arrival, except, Done in Washington, DC, this 21st day of that through September 30, 1997, the September 30, 1997 ...... $59.25 January 1997. October 1, 1997 through Septem- amount to be paid is $40.00: ber 30, 1998 ...... 59.75 Terry L. Medley, * * * * * October 1, 1998 through Septem- Administrator, Animal and Plant Health (d) * * * (1) Except as provided in ber 30, 1999 ...... 59.75 Inspection Service. paragraph (d)(2) of this section, an October 1, 1999 through Septem- [FR Doc. 97–1892 Filed 1–24–97; 8:45 am] APHIS user fee will be charged for each ber 30, 2000 ...... 60.25 BILLING CODE 3410±34±P loaded commercial railroad car which is October 1, 2000 through Septem- subject to inspection under part 330 of ber 30, 2001 ...... 61.25 this chapter or under 9 CFR chapter I, October 1, 2001 ...... 62.25 Farm Service Agency subchapter D, upon each arrival. The railroad company receiving a * * * * * 7 CFR Part 723 (f) * * * (1) Except as specified in commercial railroad car in interchange RIN 0560±AF03 at a port of entry or, barring interchange, paragraph (f)(2) of this section, each the railroad company moving a passenger aboard a commercial aircraft National Marketing Quotas for Fire- commercial railroad car in line haul who is subject to inspection under part Cured (Type 21), Fire-Cured (Types 22± service into the customs territory of the 330 of this chapter or 9 CFR, chapter I, 23), Dark Air-Cured (Types 35±36), United States, is responsible for paying subchapter D, upon arrival from a place Virginia Sun-Cured (Type 37), and the APHIS user fee. The APHIS user fee outside of the customs territory of the Cigar-Filler and Cigar-Binder (Types for each arrival of a loaded railroad car United States, must pay an APHIS user 42±44 and 53±55) Tobaccos is shown in the following table. If the fee. The APHIS user fee for each arrival AGENCY: Farm Service Agency, USDA. APHIS user fee is prepaid for all arrivals is shown in the following table. ACTION: of a commercial railroad car during a Proposed rule. Effective dates Amount calendar year, the APHIS user fee is an SUMMARY: The Secretary of Agriculture amount 20 times the APHIS user fee for [Effective date of docket] through (the Secretary), is required to proclaim each arrival. September 30, 1997 ...... $1.95 by March 1, 1997, national marketing October 1, 1997 through Septem- quotas for fire-cured (types 21–23) and Effective dates Amount ber 30, 1998 ...... 2.00 dark air-cured (types 35–36) tobaccos October 1, 1998 through Septem- for the 1997–98, 1998–99, and 1999– [Effective date of docket] through ber 30, 1999 ...... 2.00 September 30, 1997 ...... $6.50 October 1, 1999 through Septem- 2000 marketing years (MYs) and to October 1, 1997 through Septem- ber 30, 2000 ...... 2.05 determine and announce the amounts of ber 30, 1998 ...... 6.50 October 1, 2000 through Septem- the national marketing quotas for fire- October 1, 1998 through Septem- ber 30, 2001 ...... 2.10 cured (type 21), fire-cured (types 22– ber 30, 1999 ...... 6.50 October 1, 2001 ...... 2.15 23), dark air-cured (types 35–36), October 1, 1999 through Septem- Virginia sun-cured (type 37), and cigar- ber 30, 2000 ...... 6.75 * * * * * filler and cigar-binder (types 42–44 and October 1, 2000 through Septem- (4) * * * 53–55) kinds of tobacco for the 1997–98 ber 30, 2001 ...... 6.75 (i) * * * October 1, 2001 ...... 7.00 MY. The public is invited to submit (C) APHIS user fees collected from written comments, views, and * * * * * international passengers pursuant to recommendations concerning the paragraph (f) of this section shall be determination of the national marketing held in trust for the United States by the 1 Applicants should refer to Customs Service quotas for such kinds of tobacco and regulations (19 CFR part 24) for specific person collecting such fees, by any other related matters which are instructions. person holding such fees, or by the discussed in this proposed rule. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3831

DATES: Comments must be received on Mandate Reform Act of 1995 (UMBRA), preliminary quota (the sum of quotas for or before February 12, 1997, in order to for state, local, and tribal governments old farms) into the quota determined for be assured consideration. or the private sector. Thus, this rule is the MY in question (less the reserve). ADDRESSES: Send comments to the not subject to the requirements of Procedures will continue unchanged Director, Tobacco and Peanuts Division, sections 202 and 205 of the UMBRA. for (1) converting marketing quotas into acreage allotments; (2) apportioning Farm Service Agency (FSA), United Discussion States Department of Agriculture allotments among old farms; (3) (USDA), Room 5750, South Building, The proposed rule would amend 7 apportioning reserves for use in (a) STOP 0514, P.O. Box 2415, Washington, CFR part 723 to set forth the 1996-crop establishing allotments for new farms, marketing quotas for these five kinds of DC 20013–2415. All written and (b) making corrections and tobacco. submissions will be made available for adjusting inequities in old farm Section 312(b) of the Agricultural allotments; and (4) holding referenda. public inspection from 8:15 a.m. to 4:45 Adjustment Act of 1938, as amended p.m., Monday through Friday, except (the Act), provides that the Secretary Request for Comments holidays, in Room 5750, South shall determine and announce, not later This rule proposes to amend 7 CFR Building, 14th and Independence than March 1, 1997, with respect to Avenue, SW., Washington, DC. part 723, subpart A to include 1997-crop kinds of tobacco specified in this national marketing quotas for fire-cured FOR FURTHER INFORMATION CONTACT: proposed rule, the amount of the (type 21), fire-cured (types 22–23), dark Robert L. Tarczy, FSA, USDA, Room national marketing quota which will be air-cured (types 35–36), Virginia sun- 5750, South Building, STOP 0514, P.O. in effect for MY 1997 in terms of the cured (type 37), and cigar-filler and Box 2415, Washington, DC 20013–2415, total quantity of tobacco which may be cigar-binder (types 42–44 and 53–55) 202–720–5346. marketed that will allow a supply of tobaccos. These five kinds of tobacco SUPPLEMENTARY INFORMATION: each kind of tobacco equal to the reserve account for about 4 percent of total U.S. supply level. Supply and demand for tobacco production. Executive Order 12866 these kinds of tobacco are in balance. Accordingly, comments are requested This proposed rule has been Thus, changes in 1997 marketing concerning the establishment of the determined to be significant for quotas, if any, will likely be small. national marketing quotas for the purposes of Executive Order 12866 and, Section 312(c) of the Act provides following: therefore, has been reviewed by OMB. that, within 30 days after proclamation of national marketing quotas for fire- (1) Fire-Cured (Type 21) Tobacco Federal Assistance Program cured (types 21–23) and dark air-cured The 1997-crop national marketing The title and number of the Federal (types 35–36) tobaccos, the Secretary quota for fire-cured (type 21) tobacco Assistance Program, as found in the shall conduct referenda of farmers will range from 2.0 to 2.2 million Catalog of Federal Domestic Assistance, engaged in the 1996 production of each pounds. This range reflects the to which this notice applies are: kind of tobacco to determine whether assumption that the national acreage Commodity Loans and Purchases— they favor or oppose marketing quotas factor will range from 1.0 to 1.1. 10.051. for MY’s 1997, 1998, and 1999. These referenda are required because MY 1996 (2) Fire-Cured (Types 22–23) Tobacco Executive Order 12778 is the last year of the 3 consecutive MYs The 1997-crop national marketing This proposed rule has been reviewed for which marketing quotas previously quota for fire-cured (types 22–23) in accordance with Executive Order proclaimed will be in effect. tobacco will range from 40.0 to 44.0 12778, Civil Justice Reform. The The Secretary shall proclaim the million pounds. This range reflects the provisions of the proposed rule do not results of any referendum. If more than assumption that the national acreage preempt State laws, are not retroactive, one-third of the farmers voting in a factor will range from 1.0 to 1.1. and do not involve administrative referendum for a kind of tobacco oppose (3) Dark Air-Cured (Types 35–36) appeals. the quota, the national marketing quota Tobacco previously proclaimed shall not become The 1997-crop national marketing Regulatory Flexibility Act effective. The referendum results shall quota for dark air-cured (types 35–36) It has been determined that the in no way affect or limit any subsequent tobacco will range from 9.0 to 9.9 Regulatory Flexibility Act is not quota proclamation and submission to a million pounds. This range reflects the applicable to this proposed rule since future referendum as otherwise assumption that the national acreage FSA is not required by 5 U.S.C. 553 or authorized in section 312 of the Act. factor will range from 1.0 to 1.1. any provision of law to publish a notice Section 313(g) of the Act authorizes (4) Virginia Sun-Cured (Type 37) of proposed rulemaking with respect to the Secretary to convert the national Tobacco the subject matter of this rule. marketing quota into a national acreage The 1997-crop national marketing allotment by dividing the national quota for Virginia sun-cured (type 37) Paperwork Reduction Act marketing quota by the national average tobacco will range from 140,000 to The amendments to 7 CFR part 723 yield for the 5 years immediately 154,000 pounds. This range reflects the set forth in this proposed rule do not preceding the year in which the national assumption that the national acreage contain any information collection marketing quota is proclaimed. In factor will range from 1.0 to 1.1. requirements that require clearance addition, the Secretary is authorized to (5) Cigar-Filler and Cigar-Binder through the Office of Management and apportion, through county committees, (Types 42–44 and 53–55) Tobaccos Budget under the provisions of the the national acreage allotment to The 1997-crop national marketing Paperwork Reduction Act of 1995. tobacco producing farms, less a reserve quota for cigar-filler and cigar-binder not to exceed 1 percent thereof for new (types 42–44 and 53–55) tobaccos will Unfunded Federal Mandates farms and to make corrections and range from 8.0 to 8.8 million pounds. This rule contains no Federal adjust inequities in old farm allotments, This range reflects the assumption that mandates under the regulatory through the national factor. The national the national acreage factor will range provisions of Title II of the Unfunded factor is determined by dividing the from 1.0 to 1.1. 3832 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules

List of Subjects in 7 CFR Part 723 DEPARTMENT OF TRANSPORTATION Suite 713, Arlington, Virginia 22202– 3719. This information may be Acreage allotments, Marketing quotas, Federal Aviation Administration examined at the FAA, Transport Penalties, Reporting and recordkeeping Airplane Directorate, 1601 Lind requirements, Tobacco. 14 CFR Part 39 Avenue, SW., Renton, Washington. Accordingly, it is proposed that 7 CFR [Docket No. 96±NM±175±AD] FOR FURTHER INFORMATION CONTACT: Greg part 723, subpart A be amended as RIN 2120±AA64 Dunn, Aerospace Engineer, follows: Standardization Branch, ANM–113, PART 723ÐTOBACCO Airworthiness Directives; Short FAA, Transport Airplane Directorate, Brothers Model SD3±30 and SD3±60 1601 Lind Avenue, SW., Renton, 1. The authority citation for 7 CFR Series Airplanes Equipped with Fire Washington 98055–4056; telephone part 723 continues to read as follows: Fighting Enterprises (U.K.) Ltd. Fire (206) 227–2799; fax (206) 227–1149. Authority: 7 U.S.C. 1301, 1311–1314, Extinguishers SUPPLEMENTARY INFORMATION: 1314–1, 1314b, 1314b–1, 1314b–2, 1314c, AGENCY: Federal Aviation 1314d, 1314e, 1314f, 1314i, 1315, 1316, 1362, Comments Invited Administration, DOT. 1363, 1372–75, 1421, 1445–1, and 1445–2. Interested persons are invited to ACTION: Notice of proposed rulemaking participate in the making of the 2. Section 723.113 is amended by (NPRM). adding paragraph (e) to read as follows: proposed rule by submitting such SUMMARY: This document proposes the written data, views, or arguments as § 723.113 Fire-cured (type 21) tobacco. adoption of a new airworthiness they may desire. Communications shall * * * * * directive (AD) that is applicable to all identify the Rules Docket number and (e) The 1997-crop national marketing Shorts Model SD3–30 and SD3–60 be submitted in triplicate to the address quota will range from 2.0 million series airplanes equipped with certain specified above. All communications pounds to 2.2 million pounds. fire extinguishers. This proposal would received on or before the closing date for comments, specified above, will be 3. Section 723.114 is amended by require replacement of the covers for considered before taking action on the adding paragraph (e) to read as follows: fire extinguisher adapter assemblies that are installed on certain bulkheads with proposed rule. The proposals contained § 723.114 Fire-cured (types 22 & 23) new covers that swivel to lock the in this notice may be changed in light tobacco. extinguishers in place; and replacement of the comments received. * * * * * of nozzles and triggers on these fire Comments are specifically invited on (e) The 1997-crop national marketing extinguishers with better fitting nozzles the overall regulatory, economic, quota will range from 40.0 million and stronger triggers. It also would environmental, and energy aspects of pounds to 44.0 million pounds. require the installation of new fire the proposed rule. All comments 4. Section 723.115 is amended by extinguisher point placards and a submitted will be available, both before adding paragraph (e) to read as follows: revision of the Airplane Flight Manual and after the closing date for comments, to instruct the flight crew in the use of in the Rules Docket for examination by § 723.115 Dark air-cured (types 35±36) the new covers for these adapter interested persons. A report tobacco. assemblies. This proposal is prompted summarizing each FAA-public contact * * * * * by reports that these fire extinguishers concerned with the substance of this (e) The 1997-crop national marketing are not discharging properly because proposal will be filed in the Rules quota will range from 9.0 million they do not fit correctly with the Docket. pounds to 9.9 million pounds. adapter, and that triggers on these Commenters wishing the FAA to 5. Section 723.116 is amended by extinguishers are failing. The actions acknowledge receipt of their comments adding paragraph (e) to read as follows: specified by the proposed AD are submitted in response to this notice must submit a self-addressed, stamped * * * * * intended to ensure that, in the event of fire in the baggage bay, extinguishing postcard on which the following § 723.116 Sun-cured (type 37) tobacco. agent is properly distributed within this statement is made: ‘‘Comments to * * * * * area, and portable extinguishers operate Docket Number 96–NM–175–AD.’’ The postcard will be date stamped and (e) The 1997-crop national marketing properly; and to prevent injury to crew returned to the commenter. quota will range from 140,000 to and passengers when a portable 154,000 pounds. extinguisher is discharged. Availability of NPRMs 6. Section 723.117 is amended by DATES: Comments must be received by Any person may obtain a copy of this adding paragraph (e) to read as follows: March 7, 1997. NPRM by submitting a request to the § 723.117 Cigar-filler and Cigar binder ADDRESSES: Submit comments in FAA, Transport Airplane Directorate, (types 42±44 and 53±55) tobacco. triplicate to the Federal Aviation ANM–103, Attention: Rules Docket No. Administration (FAA), Transport * * * * * 96–NM–175–AD, 1601 Lind Avenue, Airplane Directorate, ANM–103, SW., Renton, Washington 98055–4056. (e) The 1997-crop national marketing Attention: Rules Docket No. 96–NM– quota will range from 8.0 million 175–AD, 1601 Lind Avenue, SW., Discussion pounds to 8.8 million pounds. Renton, Washington 98055–4056. The FAA has received reports * * * * * Comments may be inspected at this indicating that certain portable cabin Signed at Washington, DC. January 21, location between 9:00 a.m. and 3:00 fire extinguishers, manufactured by Fire 1997. p.m., Monday through Friday, except Fighting Enterprises Ltd. and carried Grant Buntrock, Federal holidays. onboard all Shorts Model SD3–30 and Administrator, Farm Service Agency. The service information referenced in SD3–60 series airplanes, may not work [FR Doc. 97–1874 Filed 1–22–97; 2:34 pm] the proposed rule may be obtained from properly when installed on bulkheads BILLING CODE 3410±05±P Short Brothers PLC, 2011 Crystal Drive, separating the passenger cabin from the Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3833 aft and/or forward baggage bays. the neck of the actuating tang has been airplane to accomplish the proposed Because the nozzle of the extinguisher increased for additional strength. actions, at an average labor rate of $60 and the adapter do not fit together per work hour. Required parts would Type Certification of Airplanes correctly, the extinguishing agent is cost approximately $281 per airplane. ‘‘blown back’’ into the passenger cabin. These airplane models are Based on these figures, the cost impact This condition, if not corrected, could manufactured in the United Kingdom of the proposed AD on U.S. operators of prevent adequate distribution of fire and type certificated for operation in the Model SD3–60 series airplanes is extinguishing agent within the baggage United States under the provisions of estimated to be $72,072, or $1,001 per bay, and could cause injury to crew and section 21.29 of the Federal Aviation airplane. Regulations (14 CFR 21.29) and the passengers. The cost impact figures discussed applicable bilateral airworthiness The FAA also has received reports above are based on assumptions that no agreement. indicating that triggers on these fire operator has yet accomplished any of extinguishers have failed because the Explanation of Requirements of the proposed requirements of this AD operator did not lift the safety catch Proposed Rule action, and that no operator would before squeezing the trigger; this caused Since an unsafe condition has been accomplish those actions in the future if the trigger to break at the neck of the identified that is likely to exist or this AD were not adopted. actuating tang. This condition, if not develop on other products of this same corrected, could make the extinguisher Regulatory Impact type design, the proposed AD would unserviceable and, if broken during require replacement of covers on fire The regulations proposed herein operation, could cause the extinguisher extinguisher adapter assemblies on would not have substantial direct effects to fail, or cause a loss in the ability to bulkheads between the passenger cabin on the States, on the relationship control or stop discharge of the and baggage bays with new covers that between the national government and extinguishing agent. swivel and lock extinguishers in place. the States, or on the distribution of Explanation of Relevant Service It would also require replacement of power and responsibilities among the Information nozzles on these extinguishers with various levels of government. Therefore, in accordance with Executive Order Short Brothers has issued Shorts chamfered nozzles that fit better with these adapters; and replacement of 12612, it is determined that this Service Bulletin SD330–26–14, dated proposal would not have sufficient September 1994 (for Model SD3–30 triggers on these extinguishers with triggers made from improved and federalism implications to warrant the series airplanes); and Service Bulletin preparation of a Federalism Assessment. SD360–26–11, dated July 1994 (for stronger materials. Additionally, this proposed AD Model SD3–60 series airplanes). These For the reasons discussed above, I would require installation of new fire service bulletins describe procedures for certify that this proposed regulation (1) extinguisher point placards, and a replacing the covers of the fire is not a ‘‘significant regulatory action’’ revision of the Limitations Section of extinguisher adapter assemblies under Executive Order 12866; (2) is not the FAA-approved AFM to include installed on bulkheads between the a ‘‘significant rule’’ under the DOT instructions for the flight crew about passenger cabin and baggage bays with Regulatory Policies and Procedures (44 using the new adapter assembly covers new covers that swivel and lock the FR 11034, February 26, 1979); and (3) if with the fire extinguishers. extinguishers in place. These service promulgated, will not have a significant These actions would be required to be economic impact, positive or negative, bulletins also describe procedures for accomplished in accordance with the installing new fire extinguisher point on a substantial number of small entities applicable service bulletins described under the criteria of the Regulatory placards and revising the Airplane previously. Flight Manual (AFM) to include Flexibility Act. A copy of the draft instructions for the flight crew about Cost Impact regulatory evaluation prepared for this action is contained in the Rules Docket. using the new covers with the fire The FAA estimates that 50 Model A copy of it may be obtained by extinguishers. SD3–30 series airplanes of U.S. registry contacting the Rules Docket at the Fire Fighting Enterprises (U.K.) Ltd. would be affected by this proposed AD. location provided under the caption has issued Service Bulletin 26–107, For these airplanes, it would take ADDRESSES. Revision 1, dated November 2, 1992, approximately 9 work hours per which describes procedures for airplane to accomplish the proposed List of Subjects in 14 CFR Part 39 replacing the nozzles on portable cabin actions on airplanes with only a forward fire extinguishers having part number baggage bay, and 14 work hours per Air transportation, Aircraft, Aviation (P/N) BA51012SR–3 and BA51012SR. airplane to accomplish the proposed safety, Safety. The replacement nozzles are chamfered, actions on airplanes with forward and The Proposed Amendment and fit more closely in the ‘‘O’’ ring of aft baggage bays. The average labor rate the bulkhead adapter; this will prevent is $60 per work hour. Required parts Accordingly, pursuant to the ‘‘blow back’’ of the extinguishing agent would cost approximately $281 per authority delegated to me by the when the extinguisher is used. airplane. Based on these figures, the cost Administrator, the Federal Aviation In addition, Fire Fighting Enterprises impact of the proposed AD on U.S. Administration proposes to amend part (U.K.) Ltd. has issued Service Bulletin operators of Model SD3–30 series 39 of the Federal Aviation Regulations 26–108, dated September 1992, which airplanes is estimated to be between (14 CFR part 39) as follows: describes procedures for replacing $41,050 and $56,050, or between $821 triggers on the discharge head and $1,121 per airplane. PART 39ÐAIRWORTHINESS assemblies of fire extinguishers carried The FAA estimates that 72 Model DIRECTIVES on Shorts Model SD3–30 and SD3–60 SD3–60 series airplanes of U.S. registry series airplanes. The replacement trigger would be affected by this proposed AD. 1. The authority citation for part 39 is manufactured from an improved and For these airplanes, it would take continues to read as follows: stronger material, and the radii around approximately 12 work hours per Authority: 49 U.S.C. 106(g), 40113, 44701. 3834 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules

§ 39.13 [Amended] extinguisher by replacing the discharge head test. The actions specified by the 2. Section 39.13 is amended by assembly with a new discharge head proposed AD are intended to prevent adding the following new airworthiness assembly, having P/N BA22988–3, in fatigue failure of these rods, which directive: accordance with Fire Fighting Enterprises consequently could reduce the (U.K.) Ltd. Service Bulletin 26–107, Revision Short Brothers, PLC: Docket 96–NM–175– 1, dated November 2, 1992. Or structural integrity of the wing-to- AD. (2) Replace the trigger on the discharge fuselage attachment. Applicability: All Model SD3–30 and SD3– head assembly of each fire extinguisher with DATES: Comments must be received by 60 series airplanes equipped with fire a new trigger, in accordance with Fire March 3, 1997. extinguishers manufactured by Fire Fighting Fighting Enterprises (U.K.) Ltd. Service ADDRESSES: Submit comments in Enterprises (U.K.) Ltd.; certificated in any Bulletin 26–108, dated September 1992. After triplicate to the Federal Aviation category. replacement, install a chamfered nozzle on the discharge head assembly of each fire Administration (FAA), Transport Note 1: This AD applies to each airplane Airplane Directorate, ANM–103, identified in the preceding applicability extinguisher by reworking the discharge head assembly in accordance with Fire Fighting Attention: Rules Docket No. 96–NM– provision, regardless of whether it has been 127–AD, 1601 Lind Avenue, SW., otherwise modified, altered, or repaired in Enterprises (U.K.) Ltd. Service Bulletin 26– the area subject to the requirements of this 107, Revision 1, dated November 2, 1992 Renton, Washington 98055–4056. AD. For airplanes that have been modified, (d) An alternative method of compliance or Comments may be inspected at this altered, or repaired so that the performance adjustment of the compliance time that location between 9:00 a.m. and 3:00 of the requirements of this AD is affected, the provides an acceptable level of safety may be p.m., Monday through Friday, except owner/operator must request approval for an used if approved by the Manager, Federal holidays. alternative method of compliance in Standardization Branch, ANM–113, FAA, Transport Airplane Directorate. Operators The service information referenced in accordance with paragraph (d) of this AD. the proposed rule may be obtained from The request should include an assessment of shall submit their requests through an appropriate FAA Principal Maintenance Construcciones Aeronauticas, S.A., the effect of the modification, alteration, or Getafe, Madrid, Spain. This information repair on the unsafe condition addressed by Inspector, who may add comments and then this AD; and, if the unsafe condition has not send it to the Manager, Standardization may be examined at the FAA, Transport been eliminated, the request should include Branch, ANM–113. Airplane Directorate, 1601 Lind specific proposed actions to address it. Note 2: Information concerning the Avenue, SW., Renton, Washington. Compliance: Required as indicated, unless existence of approved alternative methods of FOR FURTHER INFORMATION CONTACT: Greg accomplished previously. compliance with this AD, if any, may be Dunn, Aerospace Engineer, To ensure that, in the event of fire, obtained from the Standardization Branch, ANM–113. Standardization Branch, ANM–113, extinguishing agent is properly distributed FAA, Transport Airplane Directorate, (e) Special flight permits may be issued in within the baggage bays and portable 1601 Lind Avenue, SW., Renton, extinguishers operate properly; and to accordance with sections 21.197 and 21.199 prevent injury to crew and passengers, of the Federal Aviation Regulations (14 CFR Washington 98055–4056; telephone accomplish the following: 21.197 and 21.199) to operate the airplane to (206) 227–2799; fax (206) 227–1149 a location where the requirements of this AD (a) Within 6 months after the effective date SUPPLEMENTARY INFORMATION: of this AD, install a new cover on each fire can be accomplished. extinguisher adapter assembly on bulkheads Issued in Renton, Washington, on January Comments Invited between the passenger cabin and aft and/or 17, 1997. Interested persons are invited to forward baggage bay, in accordance with S.R. Miller, participate in the making of the Shorts Service Bulletin SD330–26–14, dated Acting Manager, Transport Airplane September 1994 (for Shorts Model SD3–30 proposed rule by submitting such Directorate, Aircraft Certification Service. series airplanes), or Shorts Service Bulletin written data, views, or arguments as SD360–26–11, dated July 1994 (for Shorts [FR Doc. 97–1825 Filed 1–24–97; 8:45 am] they may desire. Communications shall Model SD3–60 series airplanes), as BILLING CODE 4910±13±U identify the Rules Docket number and applicable. be submitted in triplicate to the address (b) Prior to further flight after specified above. All communications accomplishing the actions required by 14 CFR Part 39 received on or before the closing date paragraph (a) of this AD, accomplish both for comments, specified above, will be paragraphs (b)(1) and (b)(2) of this AD: [Docket No. 96±NM±127±AD] considered before taking action on the (1) Install new fire extinguisher point RIN 2120±AA64 placards, in accordance with Shorts Service proposed rule. The proposals contained in this notice may be changed in light Bulletin SD330–26–14, dated September Airworthiness Directives; of the comments received. 1994 (for Shorts Model SD3–30 series Construcciones Aeronauticas, S.A. airplanes), or Shorts Service Bulletin SD360– Comments are specifically invited on 26–11, dated July 1994 (for Shorts Model (CASA) Model CN±235 Series the overall regulatory, economic, SD3–60 series airplanes), as applicable. And Airplanes environmental, and energy aspects of (2) Revise the Limitations Section of the AGENCY: Federal Aviation the proposed rule. All comments FAA-approved Airplane Flight Manual submitted will be available, both before (AFM), in accordance with Note 1 of Administration, DOT. Paragraph 1.C. of Shorts Service Bulletin ACTION: Notice of proposed rulemaking and after the closing date for comments, SD330–26–14, dated September 1994 (for (NPRM). in the Rules Docket for examination by Shorts Model SD3–30 series airplanes), or interested persons. A report Shorts Service Bulletin SD360–26–11, dated SUMMARY: This document proposes the summarizing each FAA-public contact July 1994 (for Shorts Model SD3–60 series adoption of a new airworthiness concerned with the substance of this airplanes), as applicable. directive (AD) that is applicable to proposal will be filed in the Rules (c) For airplanes equipped with fire certain CASA Model CN–235 series Docket. extinguishers having part number (P/N) airplanes. This proposal would require Commenters wishing the FAA to BA51012SR–3 or BA51012SR: Within 6 the replacement of the center wing acknowledge receipt of their comments months after the effective date of this AD, accomplish either paragraph (c)(1) or (c)(2) of attachment rods with new rods. This submitted in response to this notice this AD: proposal is prompted by a report from must submit a self-addressed, stamped (1) Install a chamfered nozzle on the the manufacturer indicating that these postcard on which the following discharge head assembly of each fire rods failed during a full-scale fatigue statement is made: ‘‘Comments to Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3835

Docket Number 96–NM–127–AD.’’ The type design that are certificated for contacting the Rules Docket at the postcard will be date stamped and operation in the United States. location provided under the caption returned to the commenter. ADDRESSES. Explanation of Requirements of Availability of NPRMs Proposed Rule List of Subjects in 14 CFR Part 39 Any person may obtain a copy of this Since an unsafe condition has been Air transportation, Aircraft, Aviation NPRM by submitting a request to the identified that is likely to exist or safety, Safety. develop on other airplanes of the same FAA, Transport Airplane Directorate, The Proposed Amendment ANM–103, Attention: Rules Docket No. type design registered in the United 96–NM–127–AD, 1601 Lind Avenue, States, the proposed AD would require Accordingly, pursuant to the SW., Renton, Washington 98055–4056. replacement of center wing attachment authority delegated to me by the rods having CASA part number (P/N) Administrator, the Federal Aviation Discussion 35–22058–0003 or 35–22067–0001 with Administration proposes to amend part The Direccio´n General de Aviacio´n new rods having CASA P/N 35–22067– 39 of the Federal Aviation Regulations (DGAC), which is the airworthiness 0003. The actions would be required to (14 CFR part 39) as follows: authority for Spain, recently notified the be accomplished in accordance with the applicable service bulletins described PART 39ÐAIRWORTHINESS FAA that an unsafe condition may exist DIRECTIVES on certain CASA Model CN–235 series previously. airplanes. The DGAC advises that it has Cost Impact 1. The authority citation for part 39 received a report from the manufacturer continues to read as follows: The FAA estimates that 1 CASA indicating that, during full-scale fatigue Authority: 49 U.S.C. 106(g), 40113, 44701. tests on the test model, the center wing Model CN–235 series airplane of U.S. attachment rods had failed at the joints registry would be affected by this § 39.13 [Amended] where the center wing attaches to the proposed AD. 2. Section 39.13 is amended by It would take approximately 12 work fuselage; this failure occurred adding the following new airworthiness hours per airplane to accomplish the subsequent to 16,000 simulated directive: proposed action, at an average labor rate landings. This condition, if not of $60 per work hour. Required parts Construcciones Aeronauticas, S.A., CASA: corrected, could reduce the structural would cost approximately $1,485 per Docket 96–NM–127–AD. integrity of the wing-to-fuselage airplane. Based on these figures, the cost Applicability: Model CN–235 series attachment. impact of the proposed AD on U.S. airplanes; as listed in CASA Service Bulletin SB–23–53–21M, Revision 1, dated November Explanation of Relevant Service operators is estimated to be $2,205 per 21, 1994 (military airplanes), and CASA Information airplane. Service Bulletin SB–235–53–21, Revision 3, The cost impact figure discussed CASA has issued Service Bulletin SB– dated November 30, 1994 (non-military above is based on assumptions that no airplanes); certificated in any category. 235–53–21M, Revision 1, dated operator has yet accomplished any of November 21, 1994 (for military Note 1: This AD applies to each airplane the proposed requirements of this AD identified in the preceding applicability airplanes), and Service Bulletin SB– action, and that no operator would provision, regardless of whether it has been 235–53–21, Revision 3, dated November accomplish those actions in the future if otherwise modified, altered, or this AD is 30, 1994 (for non-military airplanes). this AD were not adopted. affected, the owner/operator must request These service documents describe approval for an alternative method of procedures for replacement of center Regulatory Impact compliance in accordance with paragraph (b) wing attachment rods having CASA part The regulations proposed herein of this AD. The request should include an number (P/N) 35–22058–0003 or 35– assessment of the effect of the modification, would not have substantial direct effects alteration, or repair on the unsafe condition 22067–0001 with new rods having on the States, on the relationship CASA P/N 35–22067–0003. addressed by this AD; and, if the unsafe between the national government and condition has not been eliminated, the The DGAC classified CASA Service the States, or on the distribution of request should include specific proposed Bulletin SB–235–53–21 as mandatory power and responsibilities among the actions to address it. and issued Spanish airworthiness various levels of government. Therefore, Compliance: Required as indicated, unless directive 05/94, dated August 1994, in in accordance with Executive Order accomplished previously. order to assure the continued 12612, it is determined that this To prevent fatigue from causing the center airworthiness of these airplanes in proposal would not have sufficient wing attachment rods to fail, which Spain. federalism implications to warrant the consequently could reduce the structural integrity of the wing-to-fuselage attachment, FAA’s Conclusions preparation of a Federalism Assessment. For the reasons discussed above, I accomplish the following: (a) Prior to the accumulation of 16,000 total This airplane model is manufactured certify that this proposed regulation (1) landings, replace center wing attachment in Spain and is type certificated for is not a ‘‘significant regulatory action’’ rods having CASA part number (P/N) 35– operation in the United States under the under Executive Order 12866; (2) is not 22058–0003 or 35–22067–0001 with new provisions of section 21.29 of the a ‘‘significant rule’’ under the DOT rods having CASA P/N 35–22067–0003, in Federal Aviation Regulations (14 CFR Regulatory Policies and Procedures (44 accordance with CASA Service Bulletin SB– 21.29) and the applicable bilateral FR 11034, February 26, 1979); and (3) if 235–53–21M, Revision 1, dated November airworthiness agreement. Pursuant to promulgated, will not have a significant 21, 1994 (for military airplanes); or CASA this bilateral airworthiness agreement, economic impact, positive or negative, Service Bulletin SB–235–53–21, Revision 3, the DGAC has kept the FAA informed on a substantial number of small entities dated November 30, 1994 (for non-military airplanes); as applicable. of the situation described above. The under the criteria of the Regulatory (b) An alternative method of compliance or FAA has examined the findings of the Flexibility Act. A copy of the draft adjustment of the compliance time that DGAC, reviewed all available regulatory evaluation prepared for this provides an acceptable level of safety may be information, and determined that AD action is contained in the Rules Docket. used if approved by the Manager, action is necessary for products of this A copy of it may be obtained by Standardization Branch, ANM–113, FAA, 3836 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules

Transport Airplane Directorate. Operators p.m., Monday through Friday, except recently notified the FAA that an unsafe shall submit their requests through an Federal holidays. condition may exist on certain Model appropriate FAA Principal Maintenance The service information referenced in A310 series airplanes. The DGAC Inspector, who may add comments and then the proposed rule may be obtained from advises that it has received reports send it to the Manager, Standardization indicating that circuit breaker 103GD Branch, ANM–113. Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. had tripped on two airplanes. A Note 2: Information concerning the subsequent technical investigation existence of approved alternative methods of This information may be examined at compliance with this AD, if any, may be the FAA, Transport Airplane determined that chafing of wire bundle obtained from the Standardization Branch, Directorate, 1601 Lind Avenue, SW., 628VB against fire shutoff valve 2GD ANM–113. Renton, Washington. had caused this circuit breaker to trip. (c) Special flight permits may be issued in FOR FURTHER INFORMATION CONTACT: This valve is one of the valves that accordance with sections 21.197 and 121.199 Charles Huber, Aerospace Engineer, prevents the flow of hydraulic fluid to of the Federal Aviation Regulations (14 CFR Standardization Branch, ANM–113, the right engine in the event of a fire. 21.197 and 21.199) to operate the airplane to FAA, Transport Airplane Directorate, Investigators also noted the potential for a location where the requirements of this AD 1601 Lind Avenue, SW., Renton, wire bundles 626VB and 632VB to can be accomplished. Washington 98055–4056; telephone chafe. Chafing of these wire bundles, if Issued in Renton, Washington, on January (206) 227–2589; fax (206) 227–1149. not prevented, could lead to short 15, 1997. circuiting of this wiring and the S. R. Miller, SUPPLEMENTARY INFORMATION: consequent inability to close the Acting Manager, Transport Airplane Comments Invited hydraulic fire shutoff valves to the right Directorate, Aircraft Certification Service. engine in the event of fire. Interested persons are invited to [FR Doc. 97–1479 Filed 1–24–97; 8:45 am] participate in the making of the Explanation of Relevant Service BILLING CODE 4910±13±U proposed rule by submitting such Information written data, views, or arguments as Airbus has issued Service Bulletin 14 CFR Part 39 they may desire. Communications shall A310–24–2065, dated November 30, identify the Rules Docket number and 1995, and Revision 1, dated April 19, [Docket No. 96±NM±169±AD] be submitted in triplicate to the address 1996, which describe procedures for RIN 2120±AA64 specified above. All communications modification of the wiring for certain received on or before the closing date hydraulic fire shutoff valves to the right Airworthiness Directives; Airbus Model for comments, specified above, will be engine to prevent chafing. This A310 Series Airplanes considered before taking action on the modification entails the installation of proposed rule. The proposals contained protective conduits for wire bundles AGENCY: Federal Aviation in this notice may be changed in light 626VB and 628VB; re-routing these wire Administration, DOT. of the comments received. bundles and wire bundle 632VB; and ACTION: Notice of proposed rulemaking Comments are specifically invited on changing the arrangement of the clamps (NPRM). the overall regulatory, economic, that attach all of these wire bundles to environmental, and energy aspects of SUMMARY: This document proposes the the airplane structure. The DGAC the proposed rule. All comments adoption of a new airworthiness classified this service bulletin as submitted will be available, both before directive (AD) that is applicable to mandatory and issued French and after the closing date for comments, certain Airbus Model A310 series airworthiness directive (C/N) 96–021– in the Rules Docket for examination by airplanes. This proposal would require 196(B), dated January 31, 1996, in order interested persons. A report modification of the wiring for certain to assure the continued airworthiness of summarizing each FAA-public contact hydraulic fire shutoff valves to the right these airplanes in France. concerned with the substance of this engine to prevent chafing. This proposal proposal will be filed in the Rules FAA’s Conclusions is prompted by reports indicating that a Docket. This airplane model is manufactured circuit breaker to wiring in the right Commenters wishing the FAA to in France and is type certificated for engine had tripped on two airplanes, the acknowledge receipt of their comments operation in the United States under the cause of which has been attributed to submitted in response to this notice provisions of section 21.29 of the chafing of the associated wire bundle. must submit a self-addressed, stamped Federal Aviation Regulations (14 CFR The actions specified by the proposed postcard on which the following 21.29) and the applicable bilateral AD are intended to prevent this wiring statement is made: ‘‘Comments to airworthiness agreement. Pursuant to from chafing which, if not corrected, Docket Number 96–NM–169–AD.’’ The this bilateral airworthiness agreement, could lead to short circuiting of this postcard will be date stamped and the DGAC has kept the FAA informed wiring and the consequent inability to returned to the commenter. of the situation described above. The close the hydraulic fire shutoff valves to FAA has examined the findings of the the right engine in the event of fire. Availability of NPRMs DGAC, reviewed all available DATES: Comments must be received by Any person may obtain a copy of this information, and determined that AD March 4, 1997. NPRM by submitting a request to the action is necessary for products of this ADDRESSES: Submit comments in FAA, Transport Airplane Directorate, type design that are certificated for triplicate to the Federal Aviation ANM–103, Attention: Rules Docket No. operation in the United States. Administration (FAA), Transport 96–NM–169–AD, 1601 Lind Avenue, Airplane Directorate, ANM–103, SW., Renton, Washington 98055–4056. Explanation of Requirements of Attention: Rules Docket No. 96–NM– Proposed Rule 169–AD, 1601 Lind Avenue, SW., Discussion Since an unsafe condition has been Renton, Washington 98055–4056. The Direction Generale de l’Aviation identified that is likely to exist or Comments may be inspected at this Civile (DGAC), which is the develop on other airplanes of the same location between 9:00 a.m. and 3:00 airworthiness authority for France, type design registered in the United Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3837

States, the proposed AD would require List of Subjects in 14 CFR Part 39 Note 2: Information concerning the modification of the wiring for certain existence of approved alternative methods of Air transportation, Aircraft, Aviation compliance with this AD, if any, may be hydraulic fire shutoff valves to the right safety, Safety. engine to prevent chafing. This obtained from the Standardization Branch, ANM–113. modification entails the installation of The Proposed Amendment protective conduits for wire bundles (c) Special flight permits may be issued in Accordingly, pursuant to the accordance with sections 21.197 and 21.199 626VB and 628VB; re-routing these wire authority delegated to me by the of the Federal Aviation Regulations (14 CFR bundles and wire bundle 632VB; and Administrator, the Federal Aviation 21.197 and 21.199) to operate the airplane to changing the arrangement of the clamps Administration proposes to amend part a location where the requirements of this AD that attach all of these wire bundles to 39 of the Federal Aviation Regulations can be accomplished. the airplane structure. The actions (14 CFR part 39) as follows: Issued in Renton, Washington, on January would be required to be accomplished 16, 1997. in accordance with the service bulletins PART 39ÐAIRWORTHINESS S.R. Miller, described previously. DIRECTIVES Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. Cost Impact 1. The authority citation for part 39 [FR Doc. 97–1619 Filed 1–24–97; 8:45 am] The FAA estimates that 20 Airbus continues to read as follows: BILLING CODE 4910±13±U Model A310 series airplanes of U.S. Authority: 49 U.S.C. 106(g), 40113, 44701. registry would be affected by this § 39.13 [Amended] proposed AD. 14 CFR Part 39 It is estimated that it would take 2. Section 39.13 is amended by approximately 4 work hours per adding the following new airworthiness [Docket No. 96±NM±244±AD] airplane to accomplish the proposed directive: RIN 2120±AA64 actions, at an average labor rate of $60 Airbus Industrie: Docket 96–NM–169–AD. per work hour. Required parts would be Applicability: Model A310 series airplanes Airworthiness Directives; McDonnell provided by the manufacturer at no cost as listed in Airbus Service Bulletin A310–24– Douglas Model DC±9±10, ±20, ±30, ±40, to operators. Based on these figures, the 2065, November 30, 1995, and Revision 1, and ±50 Series Airplanes and C±9 cost impact of the proposed AD on U.S. dated April 19, 1996; certificated in any (Military) Airplanes operators is estimated to be $4,800, or category. $240 per airplane. Note 1: This AD applies to each airplane AGENCY: Federal Aviation The cost impact figure discussed identified in the preceding applicability Administration, DOT. above is based on assumptions that no provision, regardless of whether it has been ACTION: Notice of proposed rulemaking operator has yet accomplished any of otherwise modified, altered, or repaired in (NPRM). the proposed requirements of this AD the area subject to the requirements of this AD. For airplanes that have been modified, SUMMARY: This document proposes the action, and that no operator would altered, or repaired so that the performance adoption of a new airworthiness accomplish those actions in the future if of the requirements of this AD is affected, the directive (AD) that is applicable to this AD were not adopted. owner/operator must request approval for an certain McDonnell Douglas Model DC– alternative method of compliance in Regulatory Impact accordance with paragraph (b) of this AD. 9 and C–9 (military) series airplanes. The regulations proposed herein The request should include an assessment of This proposal would require eddy would not have substantial direct effects the effect of the modification, alteration, or current inspections to detect cracking of on the States, on the relationship repair on the unsafe condition addressed by the frame-to-longeron attachment area, between the national government and this AD; and, if the unsafe condition has not the frame-to-skin shear clips at certain the States, or on the distribution of been eliminated, the request should include fuselage stations, and the fuselage specific proposed actions to address it. power and responsibilities among the bulkhead at the front spar of the engine Compliance: Required as indicated, unless various levels of government. Therefore, pylon in the aft fuselage; and repair, if accomplished previously. necessary. This proposal also would in accordance with Executive Order To prevent chafing of wire bundles for the 12612, it is determined that this require certain modifications, which, hydraulic fire shutoff valves to the right when accomplished, would terminate proposal would not have sufficient engine, which could lead to short circuiting federalism implications to warrant the of this wiring and the consequent inability to the requirement for inspections. This preparation of a Federalism Assessment. close these valves in the event of fire, proposal is prompted by reports For the reasons discussed above, I accomplish the following: indicating that fatigue cracking has certify that this proposed regulation (1) (a) Within 60 days after the effective date occurred at those areas. The actions is not a ‘‘significant regulatory action’’ of this AD, modify the wiring for the specified by the proposed AD are under Executive Order 12866; (2) is not hydraulic fire shutoff valves in wire bundles intended to prevent such fatigue 626VB and 628VB, and modify wire bundle cracking, which could cause damage to a ‘‘significant rule’’ under the DOT 632VB, in accordance with Airbus Service Regulatory Policies and Procedures (44 adjacent structure and result in reduced Bulletin A310–24–2065, dated November 30, structural integrity of the airplane. FR 11034, February 26, 1979); and (3) if 1995, or Revision 1, dated April 19, 1996, as promulgated, will not have a significant applicable. DATES: Comments must be received by economic impact, positive or negative, (b) An alternative method of compliance or February 24, 1997. on a substantial number of small entities adjustment of the compliance time that ADDRESSES: Submit comments in under the criteria of the Regulatory provides an acceptable level of safety may be triplicate to the Federal Aviation Flexibility Act. A copy of the draft used if approved by the Manager, Administration (FAA), Transport regulatory evaluation prepared for this Standardization Branch, ANM–113, FAA, Airplane Directorate, ANM–103, Transport Airplane Directorate. Operators action is contained in the Rules Docket. shall submit their requests through an Attention: Rules Docket No. 96–NM– A copy of it may be obtained by appropriate FAA Principal Maintenance 244–AD, 1601 Lind Avenue, SW., contacting the Rules Docket at the Inspector, who may add comments and then Renton, Washington 98055–4056. location provided under the caption send it to the Manager, Standardization Comments may be inspected at this ADDRESSES. Branch, ANM–113. location between 9:00 a.m. and 3:00 3838 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules p.m., Monday through Friday, except 96–NM–244–AD, 1601 Lind Avenue, Explanation of Relevant Service Federal holidays. SW., Renton, Washington 98055–4056. Information The service information referenced in Discussion The FAA has reviewed and approved the proposed rule may be obtained from McDonnell Douglas Service Bulletin McDonnell Douglas Corporation, 3855 On May 8, 1996, the FAA issued AD DC9–53–140, Revision 05, dated Lakewood Boulevard, Long Beach, 96–10–11, amendment 39–9618 (61 FR February 15, 1996, which describes California 90846, Attention: Technical 24675, May 16, 1996), which requires, procedures for repetitive eddy current Publications Business Administration, among other actions, a one-time visual inspections to detect fatigue cracking in Department C1–L51 (2–60). This inspection to detect fatigue cracking of the longeron-to-frame attachment area information may be examined at the the frame-to-longeron attachment area and frame-to-skin shear clips of certain FAA, Transport Airplane Directorate, and frame-to-skin shear clips in the aft fuselage stations, and repair, if 1601 Lind Avenue, SW., Renton, fuselage. It also requires an eventual necessary. That service bulletin also Washington; or at the FAA, Transport modification (within 86,000 total describes procedures for a modification Airplane Directorate, Los Angeles landings) that entails installing formers, that entails installing formers, plates, Aircraft Certification Office, 3960 plates, doublers, and angles at certain doublers, and angles at certain fuselage Paramount Boulevard, Lakewood, fuselage stations, and installation of a stations. California. doubler, splice, filler, and strap on the Additionally, the FAA previously FOR FURTHER INFORMATION CONTACT: fuselage bulkhead at the front spar of reviewed and approved McDonnell Wahib Mina, Aerospace Engineer, the engine pylon of the aft fuselage. Douglas Service Bulletin DC9 53–150, Airframe Branch, ANM–120L, FAA, Los Those actions are required to be Revision 2, dated February 27, 1991, Angeles Aircraft Certification Office, accomplished in accordance with which describes procedures for visual 3960 Paramount Boulevard, Lakewood, McDonnell Douglas Service Bulletins and eddy current inspections to detect California 90712; telephone (310) 627– DC9–53–140, Revision 03, dated March cracks in the fuselage bulkhead at the 5324; fax (310) 627–5210. 12, 1986; and DC9 53–150, Revision 2, front spar of the engine pylon of the aft dated February 27, 1991. That AD was SUPPLEMENTARY INFORMATION: fuselage, and repair, if necessary. That prompted by reports indicating that service bulletin also describes Comments Invited fatigue cracking had occurred in the procedures for a modification that Interested persons are invited to frame-to-longeron attachment area, the entails installing a doubler, splice, filler, participate in the making of the frame-to-skin shear clips of certain and strap on the fuselage bulkhead of proposed rule by submitting such fuselage stations, and the fuselage the front spar of the engine pylon. written data, views, or arguments as bulkhead at the front spar of the engine Accomplishment of the described they may desire. Communications shall pylon of the aft fuselage. That AD was modifications eliminates the need to identify the Rules Docket number and issued to prevent degradation in the repeat the visual and eddy current be submitted in triplicate to the address structural capabilities of the airplane. inspections. specified above. All communications However, after the release of (McDonnell Douglas Service Bulletins received on or before the closing date McDonnell Douglas Service Bulletins DC9–53–140, Revision 03, and for comments, specified above, will be DC9–53–140, Revision 03, and DC9 53– DC9 53–150, Revision 2, were considered before taking action on the 150, Revision 2, the manufacturer referenced in AD 96–10–11 as proposed rule. The proposals contained conducted additional fatigue analyses of appropriate sources of service in this notice may be changed in light the same frame-to-longeron attachment information.) area, the frame-to-skin shear clips at of the comments received. Explanation of Requirements of Comments are specifically invited on certain fuselage locations, and the Proposed Rule the overall regulatory, economic, fuselage bulkhead at the front spar of environmental, and energy aspects of the engine pylon of the aft fuselage. The Since an unsafe condition has been the proposed rule. All comments analyses revealed that a one-time visual identified that is likely to exist or submitted will be available, both before inspection is not an effective method of develop on other products of this same and after the closing date for comments, detecting fatigue cracking in this case, type design, the proposed AD would in the Rules Docket for examination by and that repetitive inspections using a require repetitive visual and eddy interested persons. A report more comprehensive inspection method current inspections to detect fatigue summarizing each FAA-public contact are necessary. Subsequently, the cracking of the frame-to-longeron concerned with the substance of this manufacturer developed eddy current attachment area and frame-to-skin shear proposal will be filed in the Rules inspection procedures to ensure that clips and the fuselage bulkhead of the Docket. such fatigue cracking is identified and front spar of the engine pylon, and Commenters wishing the FAA to corrected before it reaches critical repair, if necessary. The eddy current acknowledge receipt of their comments lengths. inspections described in McDonnell submitted in response to this notice Upon consideration of these new data, Douglas Service Bulletin DC9–53–140, must submit a self-addressed, stamped the FAA finds that the one-time visual Revision 05, must be accomplished postcard on which the following inspection required by AD 96–10–11 is prior to or in conjunction with the statement is made: ‘‘Comments to not adequate to detect fatigue cracking visual and eddy current inspections Docket Number 96–NM–244–AD.’’ The in a timely manner. Such fatigue described in McDonnell Douglas Service postcard will be date stamped and cracking, if not detected and corrected Bulletin 53–150, Revision 2, for all returned to the commenter. in a timely manner, could cause damage airplanes that are specified in the to the adjacent structure, and, effectivity listing of both of these service Availability of NPRMs consequently, result in loss of the bulletins. Any person may obtain a copy of this capability of the engine pylon to This proposed AD also would require NPRM by submitting a request to the support engine loads and possible eventual modifications that entail FAA, Transport Airplane Directorate, separation of the engine from the installing formers, plates, doublers, and ANM–103, Attention: Rules Docket No. airplane. angles at certain fuselage stations; and Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3839 installing a doubler, splice, filler, and a Regulatory Impact owner/operator must request approval for an strap on the fuselage bulkhead of the alternative method of compliance in The regulations proposed herein accordance with paragraph (g) of this AD. front spar of the engine pylon.These would not have substantial direct effects modifications would consitutute The request should include an assessment of on the States, on the relationship the effect of the modification, alteration, or terminating action for the required between the national government and repair on the unsafe condition addressed by repetitive inspections. the States, or on the distribution of this AD; and, if the unsafe condition has not The actions would be required to be power and responsibilities among the been eliminated, the request should include accomplished in accordance with the various levels of government. Therefore, specific proposed actions to address it. service bulletins described previously. in accordance with Executive Order Compliance: Required as indicated, unless 12612, it is determined that this accomplished previously. Cost Impact To ensure that fatigue cracking of the proposal would not have sufficient There are approximately 569 frame-to-longeron attachment area and the federalism implications to warrant the frame-to-skin shear clips in the aft fuselage McDonnell Douglas Model DC–9 series preparation of a Federalism Assessment. airplanes of the affected design in the is detected and corrected in a timely manner For the reasons discussed above, I so as to prevent damage to adjacent structure, worldwide fleet. The FAA estimates that certify that this proposed regulation (1) which could result in loss of the capability 403 airplanes of U.S. registry would be is not a ‘‘significant regulatory action’’ of the engine pylon to support engine loads affected by this proposed AD, that it under Executive Order 12866; (2) is not and possible separation of the engine from would take approximately 6 work hours a ‘‘significant rule’’ under the DOT the airplane, accomplish the following: (a) For airplanes that are specified in both per airplane to accomplish the proposed Regulatory Policies and Procedures (44 inspections, and that the average labor McDonnell Douglas Service Bulletin DC9– FR 11034, February 26, 53–140, Revision 05, dated February 15, rate is $60 per work hour. Based on 1979); and (3) if promulgated, will not these figures, the cost impact of these 1996, and McDonnell Douglas Service have a significant economic impact, Bulletin DC9–53–150, Revision 2, dated inspections on U.S. operators is positive or negative, on a substantial February 27, 1991: Prior to the accumulation estimated to be $145,080, or $360 per number of small entities under the of 30,000 total landings or within 4,000 airplane, per inspection cycle. criteria of the Regulatory landings after the effective date of this AD, The FAA estimates that it would take Flexibility Act. A copy of the draft whichever occurs later, accomplish the approximately 174 work hours per requirements of paragraph (a)(1) and (a)(2) of regulatory evaluation prepared for this this AD. The requirements of paragraph (a)(1) airplane to accomplish the proposed action is contained in the Rules Docket. modification of longeron-to-frame of this AD must be accomplished prior to or A copy of it may be obtained by in conjunction with the requirements of attachment area and the frame-to-skin contacting the Rules paragraph (a)(2) of this AD. shear clips of the aft fuselage. The cost Docket at the location provided under (1) Perform an eddy current inspection to of required parts would differ, the caption ADDRESSES. detect cracking of the longeron-to-frame depending on whether the airplane is attachment area and frame-to-skin shear clips categorized as a Group 1 airplane or a List of Subjects in 14 CFR Part 39 of the aft fuselage, in accordance with the Group 2 airplanes, as defined in the Air transportation, Aircraft, Aviation Accomplishment Instructions of McDonnell Douglas Service Bulletin DC9–53–140, applicable service bulletin. Required safety, Safety. parts would cost approximately $13,669 Revision 05, dated February 15, 1996. If no The Proposed Amendment cracking is detected, repeat these inspections per airplane for Group 1 airplanes, and thereafter at intervals not to exceed 12,500 $10,285 per airplane for Group 2 Accordingly, pursuant to the landings, until the modification specified in airplanes. Based on these figures, the authority delegated to me by the paragraph (f)(1) of this AD is accomplished. cost impact of this modification on U.S. Administrator, the Federal Aviation (2) Perform a visual and eddy current operators is estimated to be $24,109 per Administration proposes to amend part inspection to detect cracking of the fuselage airplane for Group 1 airplanes, and 39 of the Federal Aviation Regulations bulkhead at the front spar of the engine pylon $20,725 per airplane for Group 2 (14 CFR part 39) as follows: of the aft fuselage, in accordance with the airplanes. Accomplishment Instructions of McDonnell The FAA estimates that it would take PART 39ÐAIRWORTHINESS Douglas Service Bulletin DC9 53–150, DIRECTIVES Revision 2, dated February 27, 1991. If no approximately 229 work hours per cracking is detected, repeat these inspections airplane for Group 1 airplanes, and 137 1. The authority citation for part 39 thereafter at intervals not to exceed 4,000 work hours per airplane for Group 2 continues to read as follows: landings, until the modification specified in airplanes, to accomplish the proposed paragraph (f)(2) of this AD is accomplished. modification of the fuselage bulkhead at Authority: 49 U.S.C. 106(g), 40113, 44701. (b) For airplanes listed in McDonnell Douglas Service Bulletin DC9–53–140 that the front spar of the engine pylon of the § 39.13 [Amended] aft fuselage. Required parts would cost have been previously inspected using visual approximately $5,871 per airplane for 2. Section 39.13 is amended by inspection techniques in accordance with Group 1 airplanes, and $5,014 per adding the following new airworthiness McDonnell Douglas Corrosion Prevention directive: Control Program (CPCP), Document MDC– airplane for Group 2 airplanes. Based on K4606, Revision 1, dated December 1990: these figures, the cost impact of this McDonnell Douglas: Docket 96–NM–244– Within 8,500 landings after the previous modification on U.S. operators is AD. visual inspection or within 4,000 landings estimated to be $19,611 per airplane for Applicability: Model DC–9–10, –20, –30, after the effective date of this AD, whichever Group 1 airplanes, and $13,234 per –40, –50 series airplanes, and C–9 (military) occurs later, accomplish the requirements of airplane for Group 2 airplanes. airplanes, certificated in any category. paragraph (a)(1) of this AD. The cost impact figures discussed Note 1: This AD applies to each airplane (c) For airplanes that are specified in above are based on assumptions that no identified in the preceding applicability McDonnell Douglas Service Bulletin DC9– provision, regardless of whether it has been 53–140, Revision 05, dated February 15, operator has yet accomplished any of otherwise modified, altered, or repaired in 1996, and not subject to paragraph (a) or (b) the proposed requirements of this AD the area subject to the requirements of this of this AD: Prior to the accumulation of action, and that no operator would AD. For airplanes that have been modified, 30,000 total landings or within 4,000 accomplish those actions in the future if altered, or repaired so that the performance landings after the effective date of this AD, this AD were not adopted. of the requirements of this AD is affected, the whichever occurs later, perform an eddy 3840 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules current inspection to detect cracking of the (Both McDonnell Douglas Service Bulletin Federal Aviation Administration, 2300 longeron-to-frame attachment area and frame- DC9–53–140, Revision 03, dated March 12, East Devon Avenue, Des Plaines, to-skin shear clips of the aft fuselage, in 1986; and McDonnell Douglas Service Illinois. accordance with the Accomplishment Bulletin DC9 53–150, Revision 2, dated Instructions of McDonnell Douglas Service February 27, 1991; are specified in that FOR FURTHER INFORMATION CONTACT: Bulletin DC9–53–140, Revision 05, dated Douglas report.) John A. Clayborn, Air Traffic Division, February 15, 1996. If no cracking is detected, (h) An alternative method of compliance or Operations Branch, AGL–530, Federal repeat these inspections thereafter at adjustment of the compliance time that Aviation Administration, 2300 East intervals not to exceed 12,500 landings, until provides an acceptable level of safety may be Devon Avenue, Des Plaines, Illinois the modification specified in paragraph (f)(1) used if approved by the Manager, Los 60018, telephone (847) 294–7558. of this AD is accomplished. Angeles Aircraft Certification Office (ACO), (d) For airplanes that are specified in FAA, Transport Airplane Directorate. SUPPLEMENTARY INFORMATION: McDonnell Douglas Service Bulletin DC9– Operators shall submit their requests through Comments Invited 53–150, Revision 2, dated February 27, 1991, an appropriate FAA Principal Maintenance and not subject to paragraph (a) of this AD: Inspector, who may add comments and then Interested parties are invited to Prior to the accumulation of 30,000 total send it to the Manager, Los Angeles ACO. participate in this proposed rulemaking landings or within 4,000 landings after the Note 2: Information concerning the by submitting such written data, views, effective date of this AD, whichever occurs existence of approved alternative methods of or arguments as they may desire. later, perform a visual and eddy current compliance with this AD, if any, may be Comments that provide the factual basis inspection to detect cracking of the fuselage obtained from the Los Angeles ACO. bulkhead at the front spar of the engine pylon supporting the views and suggestions of the aft fuselage, in accordance with the (i) Special flight permits may be issued in presented are particularly helpful in Accomplishment Instructions of McDonnell accordance with sections 21.197 and 21.199 developing reasoned regulatory Douglas Service Bulletin DC9 53–150, of the Federal Aviation Regulations (14 CFR decisions on the proposal. Comments Revision 2, dated February 27, 1991. If no 21.197 and 21.199) to operate the airplane to are specifically invited on the overall cracking is detected, repeat these inspections a location where the requirements of this AD regulatory, aeronautical, economic, can be accomplished. thereafter at intervals not to exceed 4,000 environmental, and energy-related landings, until the modifications required by Issued in Renton, Washington, on January aspects of the proposal. 16, 1997. paragraph (f)(2) of this AD is accomplished. Communications should identify the (e) If any cracking is detected during any S.R. Miller, inspection required by this AD: Prior to airspace docket number and be Acting Manager,Transport Airplane submitted in triplicate to the address further flight, repair the cracking in Directorate, Aircraft Certification Service. accordance with either McDonnell Douglas listed above. Commenters wishing the Service Bulletin DC9–53–140, Revision 05, [FR Doc. 97–1620 Filed 1–24–97; 8:45 am] FAA to acknowledge receipt of their dated February 15, 1996; or McDonnell BILLING CODE 4910±13±U comments on this notice must submit Douglas DC–9 Service Bulletin 53–150, with those comments a self-addressed, Revision 2, dated February 27, 1991; as stamped postcard on which the 14 CFR Part 71 applicable. Thereafter, perform the following statement is made: inspections required by paragraph (a) of this ‘‘Comments to Airspace Docket No. 97– AD. [Airspace Docket No. 97±AGL±2] (f) Prior to the accumulation of 86,000 total AGL–2.’’ The postcard will be date/time landings, or within 4 years after the effective Removal of Class D Airspace; stamped and returned to the date of this AD, whichever occurs later, Glenview, IL commenter. All communications accomplish the requirements of paragraps received on or before the specified AGENCY: Federal Aviation (f)(1) and paragraph (f)(2) of this AD, as closing date for comments will be Administration (FAA), DOT. applicable. considered before taking action on the (1) For airplanes that are subject to the ACTION: Notice of proposed rulemaking. proposed rule. The proposal contained requirements of paragraph (a), (b), or (c) of in this notice may be changed in light SUMMARY: This notice proposes to this AD: Accomplish the modification of the of comments received. All comments longeron-to-frame attachment area and frame- remove Class D airspace at Glenview, IL. submitted will be available for to-skin shear clips, in accordance with This airspace is removed due to the examination in the Rules Docket, FAA, McDonnell Douglas Service Bulletin DC9– closing of the Air Traffic Control Tower Great Lakes Region, Office of the 53–140, Revision 05, dated February 15, at Glenview CGAF, Glenview, IL. The Assistant Chief Counsel, 2300 East 1996. Accomplishment of this modification airspace reverts to Class E5 Chicago, IL. constitutes terminating action for the Devon Avenue, Des Plaines, Illinois, The intended affect of this proposal is repetitive inspection requirements of both before and after the closing date for to provide an accurate description of paragraphs (a)(1), (b), and (c) of this AD. comments. A report summarizing each controlled airspace for Glenview, IL. (2) For airplanes that are subject to the substantive public contact with FAA requirements of paragraph (a)(2) or (d) of this DATES: Comments must be received on personnel concerned with this AD: Accomplish the modification of the or before March 27, 1997. fuselage bulkhead at the front spar of the rulemaking will be filed in the docket. ADDRESSES: Send comments on the engine pylon of the aft fuselage, in Availability of NPRM’s accordance with McDonnell Douglas Service proposal in triplicate to: Federal Bulletin DC9 53–150, Revision 2, dated Aviation Administration, Office of the Any person may obtain a copy of the February 27, 1991. Accomplishment of this Assistant Chief Counsel, AGL–7, Rules Notice of Proposed Rulemaking (NPRM) modification constitutes terminating action Docket No. 97–AGL–2, 2300 East Devon by submitting a request to the Federal for the repetitive inspection requirements of Avenue, Des Plaines, Illinois 60018. Aviation Administration, Office of paragraphs (a)(2) and (d) of this AD. The official docket may be examined Public Affairs, Attention: Public Inquiry (g) Accomplishment of the requirements of in the Office of the Assistant Chief Center, APA–230, 800 Independence this AD constitutes terminating action for the Counsel, Federal Aviation Avenue, S.W., Washington, DC 20591, requirements of AD 96–10–11, amendment 39–9618, which requires modifications as Administration, 2300 East Devon or by calling (202) 267–3484. specified in McDonnell Douglas Report No. Avenue, Des Plaines, Illinois. An Communications must identify the MDC K1572, ‘DC–9/MD–80 Aging Aircraft informal docket may also be examined notice number of this NPRM. Persons Service Action Requirements Document’’ during normal business hours at the Air interested in being placed on a mailing (SARD), Revision B, dated January 15, 1993. Traffic Division, Operations Branch, list for future NPRM’s should also Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3841 request a copy of Advisory Circular No. § 71.1 [Amended] FOR FURTHER INFORMATION CONTACT: 11–2A, which describes the application 2. The incorporation by reference in John A. Clayborn, Air Traffic Division, procedure. 14 CFR 71.1 of the Federal Aviation Operations Branch, AGL–530, Federal Aviation Administration, 2300 East The Proposal Administration Order 7400.9D, Airspace Designations and Reporting Points, Devon Avenue, Des Plaines, Illinois The FAA is considering an dated September 4, 1996, and effective 60018, telephone (847) 294–7568. amendment to part 71 of the Federal September 16, 1996, is amended as SUPPLEMENTARY INFORMATION: Aviation Regulations (14 CFR part 71) to follows: remove Class D airspace at Glenview, IL. Comments Invited This airspace is removed due to the Paragraph 5000 General closing of the Air Traffic Control Tower * * * * * Interested parties are invited to participate in this proposed rulemaking at Glenview CGAF, Glenview, IL. This AGL IL D5 Glenview, IL [Removed] airspace reverts to Class E5 Chicago, IL. by submitting such written data, views, The intended affect of this action is to * * * * * or arguments as they may desire. Issued in Des Plaines, Illinois on January Comments that provide the factual basis provide an accurate description of the 13, 1997. controlled airspace near Glenview, IL. supporting the views and suggestions Maureen Woods, The area would be depicted on presented are particularly helpful in appropriate aeronautical charts thereby Manager, Air Traffic Division. developing reasoned regulatory enabling pilots to circumnavigate the [FR Doc. 97–1927 Filed 1–24–97; 8:45 am] decisions on the proposal. Comments area or otherwise comply with IFR BILLING CODE 4910±13±M are specifically invited on the overall procedures. Class D airspace regulatory, aeronautical, economic, designations for airports are published environmental, and energy-related in paragraph 5000 of FAA Order 14 CFR Part 71 aspects of the proposal. 7400.9D dated September 4, 1996, and [Airspace Docket No. 96±AGL±33] Communications should identify the effective September 16, 1996, which is airspace docket number and be incorporated by reference in 14 CFR Modification of Class E Airspace; St. submitted in triplicate to the address 71.1. The Class D airspace designation Cloud, MN, St. Cloud Regional Airport listed above. Commenters wishing the listed in this document would be FAA to acknowledge receipt of their AGENCY: Federal Aviation published subsequently in the Order. comments on this notice must submit The FAA has determined that this Administration (FAA), DOT. with those comments a self-addressed, propose regulation only involves an ACTION: Notice of proposed rulemaking. stamped postcard on which the established body of technical following statement is made: SUMMARY: This notice proposes to regulations for which frequent and ‘‘Comments to Airspace Docket No. 96– modify Class E airspace at St. Cloud, routine amendments are necessary to AGL–33.’’ The postcard will be date/ MN. A Global Positioning System (GPS) keep them operationally current. time stamped and returned to the standard instrument approach Therefore this, proposed regulation—(1) commenter. All communications procedure (SIAP) to Runway 5 and a is not a ‘‘significant regulatory action’’ received on or before the specified GPS SIAP to Runway 23 have been under Executive Order 12866; (2) is not closing date for comments will be developed for St. Cloud Regional a ‘‘significant rule’’ under DOT considered before taking action on the Airport. Controlled airspace extending Regulatory Policies and Procedures (44 proposed rule. The proposal contained FR 11034; February 26, 1979); and (3) upward from 700 to 1200 feet above in this notice may be changed in light does not warrant preparation of a ground level (AGL) is needed to contain of comments received. All comments Regulatory Evaluation as the anticipated aircraft executing the approach. The submitted will be available for impact is so minimal. Since this is a intended affect of this proposal is to examination in the Rules Docket, FAA, routine matter that will only affect air provide segregation of aircraft using Great Lakes Region, Office of the traffic procedures and air navigation, it instrument approach procedures in Assistant Chief Counsel, 2300 East is certified that this proposed rule will instrument conditions from other Devon Avenue, Des Plaines, Illinois, not have a significant economic impact aircraft operating in visual weather both before and after the closing date for on a substantial number of small entities conditions. comments. A report summarizing each under the criteria of the Regulatory DATES: Comments must be received on substantive public contact with FAA Flexibility Act. or before March 10, 1997. personnel concerned with this ADDRESSES: Send comments on the List of Subjects in 14 CFR part 71 rulemaking will be filed in the docket. proposal in triplicate to: Federal Airspace, Incorporated by reference, Aviation Administration, Office of the Availability of NPRM’s Navigation (air). Assistant Chief Counsel, AGL–7, Rules Any person may obtain a copy of the The Proposed Amendment Docket No. 96–AGL–33, 2300 East Notice of Proposed Rulemaking (NPRM) Devon Avenue, Des Plaines, Illinois by submitting a request to the Federal Accordingly, pursuant to the 60018. Aviation Administration, Office of authority delegated to me, the Federal The official docket may be examined Public Affairs, Attention: Public Inquiry Aviation Administration proposes to in the Office of the Assistant Chief Center, APA–230, 800 Independence amend part 71 of the Federal Aviation Counsel, Federal Aviation Avenue, S.W., Washington, DC 20591, Regulations (14 CFR part 71) as follows: Administration, 2300 East Devon or by calling (202) 267–3484. PART 71Ð[AMENDED] Avenue, Des Plaines, Illinois. An Communications must identify the informal docket may also be examined notice number of this NPRM. Persons 1. The authority citation for part 71 during normal business hours at the Air interested in being placed on a mailing continues to read as follows: Traffic Division, Operations Branch, list for future NPRM’s should also Authority: 49 U.S.C. 106(g), 40103, 40113, Federal Aviation Administration, 2300 request a copy of Advisory Circular No. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– East Devon Avenue, Des Plaines, 11–2A, which describes the application 1963 Comp., p. 389; 14 CFR 11.69. Illinois. procedure. 3842 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules

The Proposal PART 71Ð[AMENDED] ADDRESSES: Send comments on the proposal in triplicate to: Federal The FAA is considering an 1. The authority citation for part 71 Aviation Administration, Office of the amendment to part 71 of the Federal continues to read as follows: Assistant Chief Counsel, AGL–7, Rules Aviation Regulations (14 CFR part 71) to Authority: 49 U.S.C. 106(g), 40103, 40113, Docket No. 96–AGL–34, 2300 East modify Class E airspace at St. Cloud, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Devon Avenue, Des Plaines, Illinois MN; this proposal would provide 1963 Comp., p. 389; 14 CFR 11.69. 60018. adequate Class E airspace for operators § 71.1 [Amended] The official docket may be examined executing the GPS Runway 5 SIAP and in the Office of the Assistant Chief GPS Runway 23 SIAP at St. Cloud 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Counsel, 2300 East Devon Avenue, Des Regional Airport. Controlled airspace Administration Order 7400.9D, Airspace Plaines, Illinois. An informal docket extending upward from 700 to 1200 feet Designations and Reporting Points, may also be examined during normal AGL is needed to contain aircraft dated September 4, 1996, and effective business hours at the Air Traffic executing the approach. The intended September 16, 1996, is amended as Division, Operations Branch, Federal affect of this action is to provide follows: Aviation Administration, 2300 East segregation of aircraft using instrument Devon Avenue, Des Plaines, Illinois. approach procedures in instrument Paragraph 6005 Class E airspace areas conditions from other aircraft operating extending upward from 700 feet or more FOR FURTHER INFORMATION CONTACT: John in visual weather conditions. The area above the surface of the earth. A. Clayborn, Air Traffic Division, would be depicted on appropriate * * * * * Operations Branch, AGL–530, Federal aeronautical charts thereby enabling Aviation Administration, 2300 East AGL MN E5 St. Cloud, MN [Revised] pilots to circumnavigate the area or Devon Avenue, Des Plaines, Illinois St. Cloud Regional Airport, MN 60018, telephone (847) 294–7568. otherwise comply with IFR procedures. ° ′ ′′ ° ′ ′′ Class E airspace designations for (lat. 45 32 43 N, long. 94 03 30 W) St. Cloud VOR/DME SUPPLEMENTARY INFORMATION: airspace areas extending upward from ° ′ ′′ ° ′ ′′ (lat. 45 32 28 N, long. 94 03 27 W) Comments Invited 700 feet or more above the surface of the That airspace extending upward from 700 earth are published in paragraph 6005 of feet above the surface within a 6.5-mile Interested parties are invited to FAA Order 7400.9D dated September 4, radius of the St. Cloud Regional Airport, and participate in this proposed rulemaking 1996, and effective September 16, 1996, within 2.4 miles each side of the St. Cloud by submitting such written data, views, which is incorporated by reference in 14 VOR/DME 118 radial extending from the 6.5- or arguments as they may desire. CFR 71.1. The Class E airspace mile radius to 7.5 miles southeast of the airport. Comments that provide the factual basis designation listed in this document supporting the views and suggestions would be published subsequently in the * * * * * presented are particularly helpful in Order. Issued in Des Plaines, Illinois on January 13, 1997. developing reasoned regulatory decisions on the proposal. Comments The FAA has determined that this Maureen Woods, are specifically invited on the overall proposed regulation only involves an Manager, Air Traffic Division. established body of technical regulatory, aeronautical, economic, [FR Doc. 97–1920 Filed 1–24–97; 8:45 am] regulations for which frequent and environmental, and energy-related routine amendments are necessary to BILLING CODE 4910±13±M aspects of the proposal. keep them operationally current. Communications should identify the airspace docket number and be Therefore this, proposed regulation—(1) 14 CFR Part 71 is not a ‘‘significant regulatory action’’ submitted in triplicate to the address under Executive Order 12866; (2) is not [Airspace Docket No. 96±AGL±34] listed above. Commenters wishing the a ‘‘significant rule’’ under DOT FAA to acknowledge receipt of their Establishment of Class E Airspace; St. comments on this notice must submit Regulatory Policies and Procedures (44 Cloud, MN, St. Cloud Regional Airport FR 11034; February 26, 1979); and (3) with those comments a self-addressed, does not warrant preparation of a AGENCY: Federal Aviation stamped postcard on which the Regulatory Evaluation as the anticipated Administration (FAA), DOT. following statement is made: impact is so minimal. Since this is a ACTION: Notice of proposed rulemaking. ‘‘Comments to Airspace Docket No. 96– routine matter that will only affect air AGL–34.’’ The postcard will be date/ traffic procedures and air navigation, it SUMMARY: This notice proposes to time stamped and returned to the is certified that this proposed rule will establish Class E airspace at St. Cloud, commenter. All communications not have a significant economic impact MN. Recent initiation of Part 135 air received on or before the specified on a substantial number of small entities carrier operations and an increase in closing date for comments will be under the criteria of the Regulatory general aviation jet and turboprop considered before taking action on the Flexibility Act. aircraft operations have occurred at St. proposed rule. The proposal contained Cloud Regional Airport. Controlled in this notice may be changed in light List of Subjects in 14 CFR Part 71 airspace extending upward the surface of comments received. All comments is needed to contain these aircraft submitted will be available for Airspace, Incorporation by reference, executing instrument approach examination in the Rules Docket, FAA, Navigation (air). procedures. The intended affect of this Great Lakes Region, Office of the The Proposed Amendment proposal is to provide segregation of Assistant Chief Counsel, 2300 East aircraft using instrument approach Devon Avenue, Des Plaines, Illinois, Accordingly, pursuant to the procedures in instrument conditions both before and after the closing date for authority delegated to me, the Federal from other aircraft operating in visual comments. A report summarizing each Aviation Administration proposes to weather conditions. substantive public contact with FAA amend part 71 of the Federal Aviation DATES: Comments must be received on personnel concerned with this Regulations (14 CFR part 71) as follows: or before March 10, 1997. rulemaking will be filed in the docket. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3843

Availability of NPRM’s on a substantial number of small entities SUMMARY: This notice proposes to Any person may obtain a copy of the under the criteria of the Regulatory modify Class E airspace at Mackinac Notice of Proposed Rulemaking (NPRM) Flexibility Act. Island, MI. A Global Positioning System (GPS) standard instrument approach by submitting a request to the Federal List of Subjects in 14 CFR Part 71 Aviation Administration, Office of procedure (SIAP) to Runway 26 has Airspace, Incorporation by reference, Public Affairs, Attention: Public Inquiry been developed for Mackinac Island Navigation (air). Center, APA–230, 800 Independence Airport. Controlled airspace extending upward from 700 to 1200 feet above Avenue, S.W., Washington, DC 20591, The Proposed Amendment ground level (AGL) is needed to contain or by calling (202) 267–3484. Accordingly, pursuant to the Communications must identify the aircraft executing the approach. The authority delegated to me, the Federal intended affect of this proposal is to notice number of this NPRM. Persons Aviation Administration proposes to provide segregation of aircraft using interested in being placed on a mailing amend part 71 of the Federal Aviation instrument approach procedures in list for future NPRM’s should also Regulations (14 CFR part 71) as follows: instrument conditions from other request a copy of Advisory Circular No. aircraft operating in visual weather 11–2A, which describes the application PART 71Ð[AMENDED] conditions. procedure. 1. The authority citation for part 71 DATES: Comments must be received on The Proposal continues to read as follows: or before March 10, 1997. ADDRESSES: The FAA is considering an Authority: 49 U.S.C. 106(g), 40103, 40113, Send comments on the amendment to part 71 of the Federal 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– proposal in triplicate to: Federal Aviation Regulations (14 CFR part 71) to 1963 Comp., p. 389; 14 CFR 11.69. Aviation Administration, Office of the establish Class E airspace at St. Cloud, Assistant Chief Counsel, AGL–7, Rules MN; this proposal would provide § 71.1 [Amended] Docket No. 96–AGL–35, 2300 East adequate Class E airspace for operators 2. The incorporation by reference in Devon Avenue, Des Plaines, Illinois executing instrument flight procedures 14 CFR 71.1 of the Federal Aviation 60018. at St. Cloud Regional Airport. Administration Order 7400.9D, Airspace The official docket may be examined Controlled airspace extending upward Designations and Reporting Points, in the Office of the Assistant Chief from the surface is needed to contain dated September 4, 1996, and effective Counsel, Federal Aviation aircraft executing the instrument September 16, 1996, is amended as Administration, 2300 East Devon approach procedures. The intended follows: Avenue, Des Plaines, Illinois. An informal docket may also be examined affect of this action is to provide Paragraph 6002 The Class E airspace areas segregation of aircraft using instrument designated as a surface area for an airport during normal business hours at the Air Traffic Division, Operations Branch, approach procedures in instrument * * * * * conditions from other aircraft operating Federal Aviation Administration, 2300 in visual weather conditions. The area AGL MN E2 St. Cloud, MN [New] East Devon Avenue, Des Plaines, would be depicted on appropriate St. Cloud Regional Airport, MN Illinois. aeronautical charts thereby enabling (Lat. 45°32′ 43′′ N, long. 94°03′30′′ W) FOR FURTHER INFORMATION CONTACT: pilots to circumnavigate the area or St. Cloud VOR/DME John A. Clayborn, Air Traffic Division, ° ′ ′′ ° ′ ′′ otherwise comply with IFR procedures. (Lat. 45 32 28 N, long. 94 03 27 W) Operations Branch, AGL–530, Federal Class E airspace designations for Within a 4-mile radius of the St. Cloud Aviation Administration, 2300 East airspace areas designated as a surface Regional Airport, and within 2.4 miles of Devon Avenue, Des Plaines, Illinois area for an airport are published in each side of the St. Cloud VOR/DME 118 60018, telephone (847) 294–7568. radial, extending from the 4-mile radius to paragraph 6002 of FAA Order 7400.9D 7.5 miles southeast of the airport. This Class SUPPLEMENTARY INFORMATION: dated September 4, 1996, and effective E airspace is effective during the specific Comments Invited September 16, 1996, which is dates and times established in advance by a incorporated by reference in 14 CFR Notice to Airmen. The effective date and time Interested parties are invited to 71.1. The Class E airspace designation will thereafter be continuously published in participate in this proposed rulemaking listed in this document would be the Airport/Facility Directory. by submitting such written data, views, published subsequently in the Order. * * * * * or arguments as they may desire. The FAA has determined that this Issued in Des Plaines, Illinois on January Comments that provide the factual basis proposed regulation only involves an 13, 1997. supporting the views and suggestions established body of technical Maureen Woods, presented are particularly helpful in regulations for which frequent and Manager, Air Traffic Division. developing reasoned regulatory routine amendments are necessary to [FR Doc. 97–1921 Filed 1–24–97; 8:45 am] decisions on the proposal. Comments keep them operationally current. BILLING CODE 4910±13±M are specifically invited on the overall Therefore this proposed regulation—(1) regulatory, aeronautical, economic, is not a ‘‘significant regulatory action’’ environmental, and energy-related under Executive Order 12866; (2) is not 14 CFR Part 71 aspects of the proposal. a ‘‘significant rule’’ under DOT Communications should identify the Regulatory Policies and Procedures (44 [Airspace Docket No. 96±AGL±35] airspace docket number and be FR 11034; February 26, 1979); and (3) submitted in triplicate to the address does not warrant preparation of a Modification of Class E Airspace; listed above. Commenters wishing the Regulatory Evaluation as the anticipated Mackinac Island, MI, Mackinac Island FAA to acknowledge receipt of their impact is so minimal. Since this is a Airport comments on this notice must submit routine matter that will only affect air AGENCY: Federal Aviation with those comments a self-addressed, traffic procedures and air navigation, it Administration (FAA), DOT. stamped postcard on which the is certified that this proposed rule will following statement is made: ACTION: Notice of proposed rulemaking. not have a significant economic impact ‘‘Comments to Airspace Docket No. 96– 3844 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules

AGL–35.’’ The postcard will be date/ The FAA has determined that this the west by the 16.6-mile radius of the time stamped and returned to the proposed regulation only involves an Pellston VORTAC. commenter. All communications established body of technical * * * * * received on or before the specified regulations for which frequent and Issued in Des Plaines, Illinois on January closing date for comments will be routine amendments are necessary to 13, 1997. considered before taking action on the keep them operationally current. Maureen Woods, proposed rule. The proposal contained Therefore this, proposed regulation—(1) Manager, Air Traffic Division. in this notice may be changed in light is not a ‘‘significant regulatory action’’ [FR Doc. 97–1922 Filed 1–24–97; 8:45 am] of comments received. All comments under Executive Order 12866; (2) is not BILLING CODE 4910±13±M submitted will be available for a ‘‘significant rule’’ under DOT examination in the Rules Docket, FAA, Regulatory Policies and Procedures (44 Great Lakes Region, Office of the FR 11034; February 26, 1979); and (3) 14 CFR Part 71 Assistant Chief Counsel, 2300 East does not warrant preparation of a [Airspace Docket No. 96±AGL±36] Devon Avenue, Des Plaines, Illinois, Regulatory Evaluation as the anticipated both before and after the closing date for impact is so minimal. Since this is a Modification of Class E Airspace; comments. A report summarizing each routine matter that will only affect air Chetek, WI substantive public contact with FAA traffic procedures and air navigation, it personnel concerned with this is certified that this proposed rule will AGENCY: Federal Aviation rulemaking will be filed in the docket. not have a significant economic impact Administration (FAA), DOT. Availability of NPRM’s on a substantial number of small entities ACTION: Notice of proposed rulemaking. under the criteria of the Regulatory Any person may obtain a copy of the Flexibility Act. SUMMARY: This notice proposes to Notice of Proposed Rulemaking (NPRM) modify Class E5 airspace at Chetek by submitting a request to the Federal List of Subjects in 14 CFR Part 71 Municipal-Southworth Airport, Chetek, Aviation Administration, Office of Airspace, Incorporation by reference, WI, to accommodate the relocated Rice Public Affairs, Attention: Public Inquiry Navigation (air). Lake, WI (T) Very High Frequency Center, APA–230, 800 Independence Omnidirectional Range/Distance Avenue, S.W., Washington, DC 20591, The Proposed Amendment Measuring Equipment (VOR/DME). or by calling (202) 267–3484. Accordingly, pursuant to the Controlled airspace extending upward Communications must identify the authority delegated to me, the Federal from 700 to 1200 feet above ground notice number of this NPRM. Persons Aviation Administration proposes to level (AGL) is needed to contain aircraft interested in being placed on a mailing amend part 71 of the Federal Aviation executing the approach. The intended list for future NPRM’s should also Regulations (14 CFR part 71) as follows: effect of this proposal is to provide request a copy of Advisory Circular No. segregation of aircraft using instrument 11–2A, which describes the application PART 71Ð[AMENDED] approach procedures in instrument procedure. 1. The authority citation for part 71 conditions from other aircraft operating The Proposal continues to read as follows: in visual weather conditions. DATES: Comments must be received on The FAA is considering an Authority: 49 U.S.C. 106(g), 40103, 40113, or before March 27, 1997. amendment to part 71 of the Federal 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Aviation Regulations (14 CFR part 71) to 1963 Comp., p. 389; 14 CFR 11.69. ADDRESSES: Send comments on the modify Class E airspace at Mackinac proposal in triplicate to: Federal Island, MI; this proposal would provide § 71.1 [Amended] Aviation Administration, Office of the adequate Class E airspace for operators 2. The incorporation by reference in Assistant Chief Counsel, AGL–7, Rules executing the GPS Runway 26 SIAP at 14 CFR 71.1 of the Federal Aviation Docket No. 96–AGL–36, 2300 East Mackinac Island Airport. Controlled Administration Order 7400.9D, Airspace Devon Avenue, Des Plaines, Illinois airspace extending upward from 700 to Designations and Reporting Points, 60018. 1200 feet AGL is needed to contain dated September 4, 1996, and effective The official docket may be examined aircraft executing the approach. The September 16, 1996, is amended as in the Office of the Assistant Chief intended affect of this action is to follows: Counsel, Federal Aviation provide segregation of aircraft using Administration, 2300 East Devon Paragraph 6005 Class E airspace areas instrument approach procedures in Avenue, Des Plaines, Illinois. An extending upward from 700 feet or more informal docket may also be examined instrument conditions from other above the surface of the earth. aircraft operating in visual weather during normal business hours at the Air * * * * * conditions. The area would be depicted Traffic Division, Operations Branch, on appropriate aeronautical charts AGL MI E5 Mackinac Island, MI [Revised] Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines, thereby enabling pilots to Mackinac Island Airport, MI circumnavigate the area or otherwise (Lat. 45°51′54′′N, long. 84°38′14′′W) Illinois. comply with IFR procedures. Class E Chippewa County International Airport, MI FOR FURTHER INFORMATION CONTACT: airspace designations for airspace areas (Lat. 46°14′52′′N, long. 84°28′15′′W) John A. Clayborn, Air Traffic Division, Pellston VORTAC Operations Branch, AGL–530, Federal extending upward from 700 feet or more ° ′ ′′ ° ′ ′′ above the surface of the earth are (Lat. 45 37 50 N, long. 84 39 51 W) Aviation Administration, 2300 East published in paragraph 6005 of FAA That airspace extending upward from 700 Devon Avenue, Des Plaines, Illinois Order 7400.9D dated September 4, 1996, feet above the surface within a 6.5-mile 60018, telephone (847) 294–7568. radius of the Mackinac Island Airport, and and effective September 16, 1996, which that airspace extending upward from 1,200 SUPPLEMENTARY INFORMATION: is incorporated by reference in 14 CFR feet above the surface bounded on the north Comments Invited 71.1. The Class E airspace designation by the 22-mile radius of the Chippewa listed in this document would be County International Airport, on the east by Interested parties are invited to published subsequently in the Order. V45, on the south by lat. 45°45′00′′N, and on participate in this proposed rulemaking Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3845 by submitting such written data, views, intended affect of this action is to Paragraph 6005 The Class E airspace areas or arguments as they may desire. provide segregation of aircraft using extending upward from 700 feet or more Comments that provide the factual basis instrument approach procedures in above the surface of the earth. supporting the views and suggestions instrument conditions from other * * * * * presented are particularly helpful in aircraft operating in visual weather AGL WI E5 Chetek, WI [Revised] developing reasoned regulatory conditions. The area would be depicted decisions on the proposal. Comments on appropriate aeronautical charts Chetek Municipal-Southworth Airport, WI (Lat. 45°18′24′′N, long. 91°38′11′′W) are specifically invited on the overall thereby enabling pilots to Rice Lake VOR/DME regulatory, aeronautical, economic, circumnavigate the area or otherwise (Lat. 45°24′55′′N, long, 91°46′41′′W) environmental, and energy-related comply with IFR procedures. Class E That airspace extending upward from 700 aspects of the proposal. airspace designations for areas feet above the surface within a 6.4-mile Communications should identify the extending upward from 700 feet or more radius of the Chetek Municipal-Southworth airspace docket number and be above the surface of the earth are Airport, excluding that portion within the submitted in triplicate to the address published in paragraph 6005 of FAA Rice Lake, WI, Class E airspace area. listed above. Commenters wishing the Order 7400.9D dated September 4, 1996, * * * * * FAA to acknowledge receipt of their and effective September 16, 1996, which Issued in Des Plaines, Illinois on January comments on this notice must submit is incorporated by reference in 14 CFR 13, 1997. with those comments a self-addressed, 71.1. The Class E airspace designation Maureen Woods, stamped postcard on which the listed in this document would be Manager, Air Traffic Division. following statement is made: published subsequently in the Order. [FR Doc. 97–1923 Filed 1–24–97; 8:45 am] ‘‘Comments to Airspace Docket No. 96– The FAA has determined that this AGL–36.’’ The postcard will be date/ proposed regulation only involves an BILLING CODE 4910±13±M time stamped and returned to the established body of technical commenter. All communications regulations for which frequent and 14 CFR Part 71 received on or before the specified routine amendments are necessary to closing date for comments will be keep them operationally current. [Airspace Docket No. 96±AGL±32] considered before taking action on the Therefore this proposed regulation (1) is proposed rule. The proposal contained not a ‘‘significant regulatory action’’ Establishment of Class E Airspace; in this notice may be changed in light under Executive Order 12866; (2) is not Hillsboro, ND, Hillsboro Municipal of comments received. All comments a ‘‘significant rule’’ under DOT Airport submitted will be available for Regulatory Policies and Procedures (44 AGENCY: Federal Aviation examination in the Rules docket, FAA, FR 11034; February 26, 1979); and (3) Administration (FAA), DOT. Great Lakes Region, Office of the does not warrant preparation of a ACTION: Notice of proposed rulemaking. Assistant Chief Counsel, 2300 East Regulatory Evaluation as the anticipated Devon Avenue, Des Plaines, Illinois, impact is so minimal. Since this is a SUMMARY: This notice proposes to both before and after the closing date for routine matter that will only affect air establish Class E airspace at Hillsboro, comments. A report summarizing each traffic procedures and air navigation, it ND. A Global Positioning System (GPS) substantive public contact with FAA is certified that this proposed rule will standard instrument approach personnel concerned with this not have a significant economic impact procedure (SIAP) to Runway 16 and a rulemaking will be filed in the docket. on a substantial number of small entities GPS SIAP to Runway 34 have been under the criteria of the Regulatory Availability of NPRM’s developed for Hillsboro Municipal Flexibility Act. Airport. Controlled airspace extending Any person may obtain a copy of the List of Subjects in 14 CFR part 71 upward from 700 to 1200 feet above Notice of Proposed Rulemaking (NPRM) ground level (AGL) is needed to contain Airspace, Incorporation by reference, by submitting a request to the Federal aircraft executing the approach. The Navigation (air). Aviation Administration, Office of intended affect of this proposal is to Public Affairs, Attention: Public Inquiry The Proposed Amendment provide segregation of aircraft using Center, APA–230, 800 Independence Accordingly, pursuant to the instrument approach procedures in Avenue, S.W., Washington, DC 20591, instrument conditions from other or by calling (202) 267–3484. authority delegated to me, the Federal Aviation Administration proposes to aircraft operating in visual weather Communications must identify the conditions. notice number of this NPRM. Persons amend part 71 of the Federal Aviation interested in being placed on a mailing Regulations (14 CFR part 71) as follows: DATES: Comments must be received on list for future NPRM’s should also or before March 10, 1997. PART 71Ð[AMENDED] request a copy of Advisory Circular No. ADDRESSES: Send comments on the 11–2A, which describes the application 1. The authority citation for part 71 proposal in triplicate to: Federal procedure. continues to read as follows: Aviation Administration, Office of the Assistant Chief Counsel, AGL–7, Rules The Proposal Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Docket No. 96–AGL–32, 2300 East The FAA is considering an 1963 Comp., p. 389; 14 CFR 11.69. Devon Avenue, Des Plaines, Illinois amendment to part 71 of the Federal 60018. Aviation Regulations (14 CFR part 71) to § 71.1 [Amended] The official docket may be examined modify Class E5 airspace at Chetek 2. The incorporation by reference in in the Office of the Assistant Chief Municipal-Southworth Airport, Chetek, 14 CFR 71.1 of the Federal Aviation Counsel, Federal Aviation WI, to accommodate the relocated Rice Administration Order 7400.9D, Airspace Administration, 2300 East Devon Lake, WI (T) VOR/DME. Controlled Designations and Reporting Points, Avenue, Des Plaines, Illinois. An airspace extending upward from 700 to dated September 4, 1996, and effective informal docket may also be examined 1200 feet AGL is needed to contain September 16, 1996, is amended as during normal business hours at the Air aircraft executing the approach. The follows: Traffic Division, Operations Branch, 3846 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules

Federal Aviation Administration, 2300 request a copy of Advisory Circular No. PART 71Ð[Amended] East Devon Avenue, Des Plaines, 11–2A, which describes the application Illinois. procedure. 1. The authority citation for part 71 continues to read as follows: FOR FURTHER INFORMATION CONTACT: The Proposal John A. Clayborn, Air Traffic Division, Authority: 49 U.S.C. 106(g), 40103, 40113, Operations Branch, AGL–530, Federal The FAA is considering an 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Aviation Administration, 2300 East amendment to part 71 of the Federal 1963 Comp., p. 389; 14 CFR 11.69. Aviation Regulations (14 CFR part 71) to Devon Avenue, Des Plaines, Illinois § 71.1 [Amended] 60018, telephone (847) 294–7568. establish Class E airspace Hillsboro, ND; this proposal would provide adequate 2. The incorporation by reference in SUPPLEMENTARY INFORMATION: Class E airspace for operators executing 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9D, Airspace Comments Invited the GPS Runway 16 SIAP and GPS Runway 34 SIAP at Hillsboro Municipal Designations and Reporting Points, Interested parties are invited to Airport. Controlled airspace extending dated September 4, 1996, and effective participate in this proposed rulemaking upward from 700 to 1200 feet AGL is September 16, 1996, is amended as by submitting such written data, views, needed to contain aircraft executing the follows: or arguments as they may desire. approach. The intended affect of this Paragraph 6005 Class E airspace areas Comments that provide the factual basis action is to provide segregation of extending upward from 700 feet or more supporting the views and suggestions aircraft using instrument approach above the surface of the earth. presented are particularly helpful in procedures in instrument conditions * * * * developing reasoned regulatory from other aircraft operating in visual AGL NDE5 Hillsboro, ND [New] decisions on the proposal. Comments weather conditions. The area would be are specifically invited on the overall Hillbsboro Municipal Airport, ND depicted on appropriate aeronautical ° ′ ′′ ° ′ ′′ regulatory, aeronautical, economic, charts thereby enabling pilots to (lat. 47 21 34 N, long. 97 03 38 W) environmental, and energy-related circumnavigate the area or otherwise That airspace extending upward from 700 aspects of the proposal. comply with IFR procedures. Class E feet above the surface within a 6.3-mile radius of the Hillsboro Municipal Airport. Communications should identify the airspace designations for airspace areas airspace docket number and be extending upward from 700 feet or more * * * * * submitted in triplicate to the address above the surface of the earth are Issued in Des Plaines, Illinois on January 13, 1997. listed above. Commenters wishing the published in paragraph 6005 of FAA FAA to acknowledge receipt of their Order 7400.9D dated September 4, 1996, Maureen Woods, comments on this notice must submit and effective September 16, 1996, which Manager, Air Traffic Division. with those comments a self-addressed, is incorporated by reference in 14 CFR [FR Doc. 97–1924 Filed 1–24–97; 8:45 am] stamped postcard on which the 71.1. The Class E airspace designation BILLING CODE 4910±13±M following statement is made: listed in this document would be ‘‘Comments to Airspace Docket No. 96– published subsequently in the Order. AGL–32.’’ The postcard will be date/ The FAA has determined that this 14 CFR Part 71 time stamped and returned to the proposed regulation only involves an [Airspace Docket No. 96±AGL±7] commenter. All communications established body of technical received on or before the specified regulations for which frequent and Establishment of Class E Airspace; closing date for comments will be routine amendments are necessary to Pine Ridge, SD, Pine Ridge Airport considered before taking action on the keep them operationally current. proposed rule. The proposal contained Therefore this proposed regulation—(1) AGENCY: Federal Aviation in this notice may be changed in light is not a ‘‘significant regulatory action’’ Administration (FAA), DOT. of comments received. All comments under Executive Order 12866; (2) is not ACTION: Notice of proposed rulemaking. submitted will be available for a ‘‘significant rule’’ under DOT examination in the Rules Docket, FAA, SUMMARY: This notice proposes to Regulatory Policies and Procedures (44 establish Class E airspace at Pine Ridge, Great Lakes Region, Office of the FR 11034; February 26, 1979); and (3) Assistant Chief Counsel, 2300 East SD. A Global Positioning System (GPS) does not warrant preparation of a standard approach procedure (SIAP) to Devon Avenue, Des Plaines, Illinois, Regulatory Evaluation as the anticipated both before and after the closing date for Runway 30 has been developed for Pine impact is so minimal. Since this is a Ridge Airport. Controlled airspace comments. A report summarizing each routine matter that will only affect air substantive public contact with FAA extending upward from 700 to 1200 feet traffic procedures and air navigation, it above ground level (AGL) is needed to personnel concerned with this is certified that this proposed rule will rulemaking will be filed in the docket. contain aircraft executing the approach. not have a significant economic impact The intended affect of this proposal is Availability of NPRM’s on a substantial number of small entities to provide segregation of aircraft using under the criteria of the Regulatory instrument approach procedures in Any person may obtain a copy of the Flexibility Act. Notice of Proposed Rulemaking (NPRM) instrument conditions from other by submitting a request to the Federal List of Subjects in 14 CFR Part 71 aircraft operating in visual weather Aviation Administration, Office of Airspace, Incorporation by reference, conditions. Public Affairs, Attention: Public Inquiry Navigation (air). DATES: Comments must be received on Center, APA–230, 800 Independence or before March 10, 1997. Avenue, S.W., Washington, DC 20591, The Proposed Amendment ADDRESSES: Send comments on the or by calling (202) 267–3484. Accordingly, pursuant to the proposal in triplicate to: Federal Communications must identify the authority delegated to me, the Federal Aviation Administration, Office of the notice number of this NPRM. Persons Aviation Administration proposes to Assistant Chief Counsel, AGL–7, Rules interested in being placed on a mailing amend part 71 of the Federal Aviation Docket No. 96–AGL–7, 2300 East Devon list for future NPRM’s should also Regulations (14 CFR part 71) as follows: Avenue, Des Plaines, Illinois 60018. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3847

The official docket may be examined Public Affairs, Attention: Public Inquiry List of Subjects in 14 CFR part 71 in the Office of the Assistant Chief Center, APA–230, 800 Independence Airspace, Incorporation by reference, Counsel, Federal Aviation Avenue, S.W., Washington, DC 20591, Navigation (air). Administration, 2300 East Devon or by calling (202) 267–3484. Avenue, Des Plaines, Illinois. An Communications must identify the The Proposed Amendment informal docket may also be examined notice number of this NPRM. Persons Accordingly, pursuant to the during normal business hours at the Air interested in being placed on a mailing authority delegated to me, the Federal Traffic Division, Operations Branch, list for future NPRM’s should also Aviation Administration proposes to Federal Aviation Administration, 2300 request a copy of Advisory Circular No. amend part 71 of the Federal Aviation East Devon Avenue, Des Plaines, 11–2A, which describes the application Regulations (14 CFR part 71) as follows: Illinois. procedure. FOR FURTHER INFORMATION CONTACT: John PART 71Ð[Amended] A. Clayborn, Air Traffic Division, The Proposal Operations Branch, AGL–530, Federal 1. The authority citation for part 71 The FAA is considering an Aviation Administration, 2300 East continues to read as follows: amendment to part 71 of the Federal Devon Avenue, Des Plaines, Illinois Authority: 49 U.S.C. 106(g), 40103, 40113, Aviation Regulations (14 CFR part 71) to 60018, telephone (847) 294–7568. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– establish Class E airspace at Pine Ridge, 1963 Comp., p. 389; 14 CFR 11.69. SUPPLEMENTARY INFORMATION: SD; this proposal would provide § 71.1 [Amended] Comments Invited adequate Class E airspace for operators executing the GPS Runway 30 SIAP at 2. The incorporation by reference in Interested parties are invited to Pine Ridge Airport. Controlled airspace 14 CFR 71.1 of the Federal Aviation participate in this proposed rulemaking extending upward from 700 to 1200 feet Administration Order 7400.9D, Airspace by submitting such written data, views, AGL is needed to contain aircraft Designations and Reporting Points, or arguments as they may desire. executing the approach. The intended dated September 4, 1996, and effective Comments that provide the factual basis affect of this action is to provide September 16, 1996, is amended as supporting the views and suggestions follows: presented are particularly helpful in segregation of aircraft using instrument developing reasoned regulatory approach procedures in instrument Paragraph 6005 Class E airspace areas decisions on the proposal. Comments conditions from other aircraft operating extending upward from 700 feet or more above the surface of the earth. are specifically invited on the overall in visual weather conditions. The area regulatory, aeronautical, economic, would be depicted on appropriate * * * * * environmental, and energy-related aeronautical charts thereby enabling AGL SD E5 Pine Ridge, SD [New] pilots to circumnavigate the area or aspects of the proposal. Pine Ridge Airport, SD Communications should identify the otherwise comply with IFR procedures. (lat. 43°01′21′′ N, long. 102°30′40′′W) airspace docket number and be Class E airspace designations for That airspace extending upward from 700 submitted in triplicate to the address airspace areas extending upward from feet above the surface within a 10.9-mile listed above. Commenters wishing the 700 feet or more above the surface of the radius of Pine Ridge Airport. FAA to acknowledge receipt of their earth are published in paragraph 6005 of * * * * * comments on this notice must submit FAA Order 7400.9D dated September 4, Issued in Des Plaines, Illinois on January with those comments as self-addressed, 1996, and effective September 16, 1996, 13, 1997. stamped postcard on which the which is incorporated by reference in 14 Maureen Woods, following statement is made: CFR 71.1. The Class E airspace Manager, Air Traffic Division. ‘‘Comments to Airspace Docket No. 96– designation listed in this document [FR Doc. 97–1926 Filed 1–24–97; 8:45 am] AGL–7.’’ The postcard will be date/time would be published subsequently in the BILLING CODE 4910±13±M stamped and returned to the Order. commenter. All communications The FAA has determined that this received on or before the specified proposed regulation only involves an closing date for comments will be DEPARTMENT OF HEALTH AND established body of technical considered before taking action on the HUMAN SERVICES regulations for which frequent and proposed rule. The proposal contained routine amendments are necessary to Food and Drug Administration in this notice may be changed in light keep them operationally current. of comments received. All comments Therefore this, proposed regulation—(1) 21 CFR Part 589 submitted will be available for examination in the Rules Docket, FAA, is not a ‘‘significant regulatory action’’ [Docket No. 96N±0135] under Executive Order 12866; (2) is not Great Lakes Region, Office of the RIN 0901±AA91 Assistant Chief Counsel, 2300 East a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 Devon Avenue, Des Plaines, Illinois, Proposed Rule to Prohibit Animal both before and after the closing date for FR 11034; February 26, 1979); and (3) Proteins From Ruminants and Minks comments. A report summarizing each does not warrant preparation of a From Use in Ruminant Feed; Notice of substantive public contact with FAA Regulatory Evaluation as the anticipated Open Public Forums personnel concerned with this impact is so minimal. Since this is a rulemaking will be filed in the docket. routine matter that will only affect air AGENCY: Food and Drug Administration, traffic procedures and air navigation, it HHS. Availability of NPRM’s is certified that this proposed rule will ACTION: Notice of public forum. Any person may obtain a copy of the not have a significant economic impact Notice of Proposed Rulemaking (NPRM) on a substantial number of small entities SUMMARY: The Food and Drug by submitting a request to the Federal under the criteria of the Regulatory Administration (FDA) is announcing Aviation Administration, Office of Flexibility Act. two open public forums to discuss the 3848 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules notice of proposed rulemaking that Persons unable to attend this open comments in advance in writing. Such provides that animal protein derived public forum, or those who wish to comments will be placed in the public from ruminant and mink tissues is not submit their questions or comments in docket for the proposed rule and generally recognized as safe for use in advance of this open public forum, presented at the open public forums. ruminant feeds and is a food additive should submit them to the appropriate Persons unable to attend the forums are under the Federal Food, Drug, and contact person listed above. also encouraged to submit comments on Cosmetic Act. As such, without a food There is no registration fee for these the proposal to the public docket, and additive regulation or an exemption, its open public forums. However, due to any such questions or comments use in ruminant feeds would be space limitations, preregistration is submitted in advance will be presented prohibited. While the proposed rule is required and early registration is at the forums. a preventive measure, the public forums recommended. Persons making comments at the are not preventive measures. Issuance of SUPPLEMENTARY INFORMATION: In the forums should limit their remarks to a the proposed rule is part of a series of Federal Register of January 3, 1997 (62 few minutes and if possible to fewer preventive measures that the agency has FR 552), FDA published a notice of than 5 minutes to encourage dialogue taken to protect animals from proposed rulemaking that would during the forum and to permit as many transmissible degenerative neurological prohibit using rendered animal protein people as possible to participate. diseases and to minimize any potential from mink and from ruminants, animals Persons may submit expanded versions risk that such diseases could be such as cows, sheep, and goats, in the of their oral comments in writing to the transmitted from animal to humans. The manufacture of ruminant feeds. FDA public docket. agency’s proposal and related policy will hold two open public forums to Dated: January 22, 1997. issues will be discussed at the forums. discuss its proposal, which is the latest The forums are intended to provide an in a series of preventive measures, William K. Hubbard, opportunity for comments from industry including a voluntary industry Associate Commissioner for Policy and consumers. moratorium, that FDA, other Federal Coordination. [FR Doc. 97–1987 Filed 1–23–97; 11:31 am] DATES: The public forums are scheduled agencies, and industry have taken to as follows: protect animals from transmissible BILLING CODE 4160±01±F 1. Tuesday, February 4, 1997, from 1 degenerative neurological diseases and p.m. to 4 p.m., St. Louis, MO. to minimize any potential risk that such 2. Thursday, February 13, 1997, from 9 diseases could be transmitted from DEPARTMENT OF THE TREASURY a.m. to 12 m., Washington, DC. animals to humans. These animal ADDRESSES: The open public forums diseases are known as transmissible Internal Revenue Service will be held at the following locations: spongiform encephalopathies (TSE’s). St. Louis—Henry VIII Hotel and Bovine spongiform encephalopathy 26 CFR Part 1 Conference Center, 4690 North (BSE) is among the more commonly [REG±254394±96] Lindbergh Blvd., St. Louis, MO, known of these diseases. 314–731–3040. FDA’s proposed regulation would RIN 1545±AU92 Washington—Holiday Inn—Capitol, prohibit the use of rendered ruminant 550 C St. SW., Washington, DC, and mink proteins in feed intended for Section 42(d)(5) Federal Grants 202–479–4000. ruminants. In addition to prohibiting AGENCY: Internal Revenue Service (IRS), FOR FURTHER INFORMATION CONTACT: products with the potential to spread Treasury. Regarding the St. Louis, MO, open TSE’s, the proposed rule also requires ACTION: process and control systems to ensure Notice of proposed rulemaking public forum: Charles M. Breen, by cross-reference to temporary Office of Regulatory Affairs (HFR– that ruminant feed does not contain the regulations. SW400), Food and Drug prohibited tissues. Administration, 12 Sunnen Dr., The agency’s proposal and related SUMMARY: In the Rules and Regulations suite 122, St. Louis, MO 63143, policy issues will be discussed at the section of this issue of the Federal 314–645–1167, FAX 314–645–2969. forums. The forums are intended to Register, the IRS is issuing temporary Regarding the Washington, DC, open provide an opportunity for feedback and regulations with respect to the low- public forum: Susan Mackie, Office comments from industry and income housing tax credit relating to the of Consumer Affairs (HFE–3), Food consumers. application of section 42(d)(5) to certain and Drug Administration, 5600 The St. Louis, MO, open public forum rental assistance programs under section Fishers Lane, Rockville, MD 20857, is intended primarily to discuss the 42(g)(2)(B)(i). The text of those 301–827–4407, FAX 301–443–9767. interests of renderers, animal feed temporary regulations also serves as the Those persons interested in attending manufacturers, and feedlot operators. text of these proposed regulations. the St. Louis, MO, open public forum, The agency will be prepared to consider should register by faxing their name(s), questions related to the economic DATES: Written comments and requests firm name/affiliation, address, assessment. The Washington, DC, open for a public hearing must be received by telephone and facsimile numbers to public forum is intended primarily to April 28, 1997. Charles M. Breen at 314–645–2969, or discuss the interests of consumers and ADDRESSES: Send submissions to: send a request for registration by mail to the general public. CC:DOM:CORP:R (REG–254394–96), Charles Breen (address above). Full transcripts of each open public room 5226, Internal Revenue Service, Those persons interested in attending forum will be made. The transcripts will POB 7604, Ben Franklin Station, the Washington, DC, open public forum, be incorporated into the administrative Washington, DC 20044. Submissions should register by calling Susan Mackie record of the proposed rule and placed may be hand delivered between the at 301–827–4407 or by faxing or mailing on file in the public docket (Docket No. hours of 8 a.m. and 5 p.m. to: their name(s), firm name/affiliation, 96N–0135) for the proposal. CC:DOM:CORP:R (REG–254394–96), address, telephone and facsimile Persons submitting comments or Courier’s Desk, Internal Revenue numbers to Susan Mackie (address (questions) at the open public forums Service, 1111 Constitution Avenue, above). are encouraged to submit their NW., Washington, DC. Alternatively, Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3849 taxpayers may submit comments Office of Assistant Chief Counsel ideas to the Agency on key technical, electronically via the Internet by (Passthroughs and Special Industries). scientific, economic, and other issues. selecting the ‘‘Tax Regs’’ option on the However, other personnel from the IRS DATES: IRS Home Page, or by submitting and Treasury Department participated The public meeting will be held comments directly to the IRS Internet in their development. on Tuesday, March 4, 1997, from 9:30 site at http://www.irs.ustreas.gov/prod/ a.m. to 2:30 p.m. l List of Subjects 26 CFR Part 1 tax regs/comments/html. ADDRESSES: The meeting will be held at FOR FURTHER INFORMATION CONTACT: Income taxes, Reporting and the National Wildlife Visitor Center Christopher J. Wilson (202) 622–3040 recordkeeping requirements. Auditorium, U.S. Fish and Wildlife (not a toll-free call). Proposed Amendments to the Service, Patuxent Research Refuge, SUPPLEMENTARY INFORMATION: Regulations 10901 Scarlet Tanager Loop, Laurel, MD. Background Accordingly, 26 CFR part 1 is proposed to be amended as follows: Temporary regulations published in FOR FURTHER INFORMATION CONTACT: Susan Burris, Engineering and Analysis the Rules and Regulations section of this PART 1ÐINCOME TAXES issue of the Federal Register provide Division (4303), U.S. EPA, 401 M Street rules with respect to the low-income Paragraph 1. The authority citation SW., Washington, DC 20460. Telephone housing tax credit relating to the for part 1 is amended by adding an entry (202) 260–5379, fax (202) 260–7185, or application of section 42(d)(5) to certain in numerical order to read in part as E-Mail [email protected]. rental assistance programs under section follows: SUPPLEMENTARY INFORMATION: EPA is 42(g)(2)(B)(i). The text of those Authority: 26 U.S.C. 7805 * * * developing effluent limitations temporary regulations also serves as the text of these proposed regulations. The Section 1.42–16 also issued under 26 guidelines and standards for the U.S.C. 42(n); * * * Industrial Laundries Category under preamble to the temporary regulations Par. 2. Section 1.42–16 is added to explains the temporary regulations. authority of the Clean Water Act (33 read as follows: U.S.C. 1251 et seq.). The Industrial Special Analyses § 1.42±16 Eligible basis reduced by federal Laundries Category includes facilities It has been determined that this notice grants. that launder or dry-clean industrial of proposed rulemaking is not a [The text of this proposed section is the garments and uniforms, shop towels, significant regulatory action as defined same as the text of § 1.42–16T published printer towels, mops, mats, and dust in EO 12866. Therefore, a regulatory elsewhere in this issue of the Federal control items. The items that are assessment is not required. It also has Register]. laundered are owned either by the been determined that section 553(b) of Margaret Milner Richardson, laundry facilities or their customers. the Administrative Procedure Act (5 Often these facilities wash other items U.S.C. chapter 5) does not apply to these Commissioner of Internal Revenue. [FR Doc. 97–1791 Filed 1–24–97; 8:45 am] that are not classified as industrial regulations and, because these laundry items, such as linen supply BILLING CODE 4830±01±U regulations do not impose on small garments, linen flatwork, health-care entities a collection of information items, and other miscellaneous items. requirement, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. ENVIRONMENTAL PROTECTION The public meeting will include a Therefore, a Regulatory Flexibility AGENCY discussion of the scope of the Analysis is not required. Pursuant to regulation, subcategorization, summary section 7805(f) of the Internal Revenue 40 CFR Part 441 of industry information, preliminary Code, this notice of proposed [FRL±5680±9] plans for technology-based regulatory rulemaking will be submitted to the options, and other regulatory issues. Chief Counsel for Advocacy of the Small Public Meeting on the Effluent The meeting will not be recorded by a Business Administration for comment Limitations Guidelines and Standards reporter or transcribed for inclusion in on its impact on small business. for the Industrial Laundries (IL) the record for the Industrial Laundries Industry Comments and Requests for a Public Category rulemaking. Documents Hearing AGENCY: Environmental Protection relating to the topics mentioned above and a more detailed agenda will be Before these proposed regulations are Agency (EPA). available at the meeting. adopted as final regulations, ACTION: Public meeting. consideration will be given to any Driving directions to the National written comments (a signed original and SUMMARY: The Office of Science and Wildlife Visitor Center: Take the eight (8) copies) that are submitted Technology (OST) within EPA’s Office Baltimore-Washington Parkway (I–295) timely to the IRS. All comments will be of Water (OW) is conducting a public to the exit for the Beltsville Agriculture available for public inspection and meeting prior to proposing effluent Research Center (Powder Mill Road copying. A public hearing may be limitations guidelines and standards for (East)). Go approximately 2.0 miles and scheduled if requested in writing by a the industrial laundries industry. The turn right into Visitor Center entrance EPA intends to propose effluent person that timely submits written (Scarlett Tanager Loop). Go 1.4 miles to limitations guidelines and standards comments. If a public hearing is Visitor Center Parking area. scheduled, a notice of the date, time, later this year, and this is the only and place for the hearing will be public meeting that the Agency plans to Dated: January 17, 1997. published in the Federal Register. sponsor prior to proposal. The meeting Tudor Davies, is intended to be a forum, in which EPA Drafting Information Director, Office of Science and Technology. can report on the status of the regulatory [FR Doc. 97–1878 Filed 1–24–97; 8:45 am] The principal author of these development and in which interested regulations is Christopher J. Wilson, parties can provide information and BILLING CODE 6560±50±P 3850 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules

FEDERAL COMMUNICATIONS is no longer subject to Commission for inspection and copying during COMMISSION consideration or court review, all ex normal business hours in the FCC’s parte contacts are prohibited in Reference Center (Room 239), 1919 M 47 CFR Part 73 Commission proceedings, such as this Street, NW., Washington, D.C. The [MM Docket No. 97±20, RM±8979] one, which involve channel allotments. complete text of this decision may also See 47 CFR 1.1204(b) for rules be purchased from the Commission’s Radio Broadcasting Services; Yarnell, governing permissible ex parte contacts. copy contractor, ITS, Inc., (202) 857– AZ For information regarding proper 3800, 2100 M Street, NW., Suite 140, filing procedures for comments, See 47 Washington, D.C. 20037. AGENCY: Federal Communications CFR 1.415 and 1.420. Provisions of the Regulatory Commission. Flexibility Act of 1980 do not apply to List of Subjects in 47 CFR Part 73 ACTION: Proposed rule. this proceeding. Radio broadcasting. Members of the public should note SUMMARY: This document requests Federal Communications Commission. that from the time a Notice of Proposed comments on a petition for rule making Rule Making is issued until the matter filed on behalf of Yarnell John A. Karousos, Chief, Allocations Branch, Policy and Rules is no longer subject to Commission Communications seeking the allotment consideration or court review, all ex of FM Channel 258A to Yarnell, Division, Mass Media Bureau. [FR Doc. 97–1930 Filed 1–24–97; 8:45 am] parte contacts are prohibited in Arizona, as that locality’s first local Commission proceedings, such as this BILLING CODE 6712±01±P aural transmission service. Petitioner is one, which involve channel allotments. requested to provide additional See 47 CFR 1.1204(b) for rules information to establish Yarnell’s status 47 CFR Part 73 governing permissible ex parte contacts. as a community for allotment purposes. For information regarding proper Coordinates used for this proposal are [MM Docket No. 97±5, RM±8954] filing procedures for comments, see 47 34–13–18 and 112–44–48. As Yarnell, CFR 1.415 and 1.420. Arizona, is located within 320 Radio Broadcasting Services; kilometers (199 miles) of the Mexico Thorndale, TX List of Subjects in 47 CFR Part 73 border, the Commission must obtain the AGENCY: Federal Communications Radio broadcasting. concurrence of the Mexican government Commission. Federal Communications Commission. in this proposal. ACTION: Proposed rule. John A. Karousos, DATES: Comments must be filed on or Chief, Allocations Branch, Policy and Rules SUMMARY: The Commission requests before March 10, 1997, and reply Division, Mass Media Bureau. comments on or before March 25, 1997. comments on a petition by Jackson Lake [FR Doc. 97–1931 Filed 1–24–97; 8:45 am] ADDRESSES: Secretary, Federal Broadcasting Company requesting the BILLING CODE 6712±01±P Communications Commission, allotment of Channel 257A at Washington, DC 20554. In addition to Thorndale, Texas, as the community’s filing comments with the FCC, first local FM service. Channel 257A can 47 CFR Part 73 interested parties should serve the be allotted to Thorndale in compliance petitioner’s counsel, as follows: Henry with the Commission’s minimum [MM Docket No. 97±4, RM±8923] E. Crawford, Esq., Law Offices of Henry distance separation requirements with a Radio Broadcasting Services; E. Crawford, Suite 900, 1150 site restriction of 13.8 kilometers (8.6 Huntsville, UT Connecticut Avenue, NW., Washington, miles) south in order to avoid a short- DC 20036. spacing conflict with the licensed AGENCY: Federal Communications FOR FURTHER INFORMATION CONTACT: operation of Station WACO(FM), Commission. Channel 260C, Waco, Texas. The Nancy Joyner, Mass Media Bureau, (202) ACTION: Proposed rule. 418–2180. coordinates for Channel 257A at Thorndale are 30–29–29 and 97–11–21. SUMMARY: SUPPLEMENTARY INFORMATION: This is a The Commission requests DATES: synopsis of the Commission’s Notice of Comments must be filed on or comments on a petition by South Fork Proposed Rule Making, MM Docket No. before March 10, 1997, and reply Broadcasting requesting the allotment of 97–20, adopted January 10, 1997, and comments on or before March 25, 1997. Channel 276C3 at Huntsville, Utah, as released January 17, 1997. The full text ADDRESSES: Federal Communications the community’s first local aural of this Commission decision is available Commission, Washington, DC 20554. In transmission service. Channel 276C3 for inspection and copying during addition to filing comments with the can be allotted to Huntsville in normal business hours in the FCC’s FCC, interested parties should serve the compliance with the Commission’s Reference Center (Room 239), 1919 M petitioner, or its counsel or consultant, minimum distance separation Street, NW., Washington, DC. The as follows: Henry E. Crawford, Esq., requirements with a site restriction of complete text of this decision may also 1150 Connecticut Avenue, N.W., Suite 20.2 kilometers (12.6 miles) northeast in be purchased from the Commission’s 900, Washington, D.C. 20036 (Counsel order to avoid a short-spacing conflict copy contractors, International for petitioner). with the licensed operation of Station Transcription Services, Inc., 2100 M FOR FURTHER INFORMATION CONTACT: Pam KRSP(FM), Channel 278C, Salt Lake Street, NW., Suite 140, Washington, DC Blumenthal, Mass Media Bureau, (202) City, Utah. The coordinates for Channel 20037, (202) 857–3800. 418–2180. 276C3 at Huntsville are 41–25–12 and Provisions of the Regulatory SUPPLEMENTARY INFORMATION: This is a 111–39–24. Flexibility Act of 1980 do not apply to synopsis of the Commission’s Notice of DATES: Comments must be filed on or this proceeding. Proposed Rule Making, MM Docket No. before March 10, 1997, and reply Members of the public should note 97–5, adopted January 10, 1997, and comments on or before March 25, 1997. that from the time a Notice of Proposed released January 17, 1997. The full text ADDRESSES: Federal Communications Rule Making is issued until the matter of this Commission decision is available Commission, Washington, DC 20554. In Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3851 addition to filing comments with the 249C3 can be allotted to Amelia in 47 CFR Part 73 FCC, interested parties should serve the compliance with the Commission’s [MM Docket No. 97±9, RM±8929] petitioner, or its counsel or consultant, minimum distance separation as follows: Henry E. Crawford, Esq., requirements with a site restriction of Radio Broadcasting Services; New 1150 Connecticut Avenue, N.W., Suite 17.6 kilometers (11.0 miles) south in Boston, TX 900, Washington, DC 20036 (Counsel for order to avoid a short-spacing conflict petitioner). with the licensed operation of Station AGENCY: Federal Communications FOR FURTHER INFORMATION CONTACT: Pam WGGZ(FM), Channel 251C, Baton Commission. Blumenthal, Mass Media Bureau, (202) Rouge, Louisiana, at coordinates 29–30– ACTION: Proposed rule. 418–2180. 32 NL; 91–06–43 WL. SUMMARY: The Commission requests SUPPLEMENTARY INFORMATION: This is a DATES: Comments must be filed on or comments on a petition filed by Dixie synopsis of the Commission’s Notice of before March 10, 1997, and reply Broadcasting Company seeking the Proposed Rule Making, MM Docket No. comments on or before March 25, 1997. allotment of Channel 286A to New 97–4, adopted January 10, 1997, and ADDRESSES: Federal Communications Boston, Texas, as the community’s third released January 17, 1997. The full text local FM service. Channel 286A can be of this Commission decision is available Commission, Washington, D.C. 20554. In addition to filing comments with the allotted to New Boston in compliance for inspection and copying during with the Commission’s minimum normal business hours in the FCC’s FCC, interested parties should serve the petitioner, or its counsel or consultant, distance separation requirements with a Reference Center (Room 239), 1919 M site restriction of 8.8 Kilometers (5.5 Street, NW, Washington, DC. The as follows: Henry E. Crawford, Esq., 1150 Connecticut Avenue, N.W., Suite miles) west in order to avoid a short- complete text of this decision may also spacing conflict with the licensed be purchased from the Commission’s 900, Washington, DC 20036 (Counsel for petitioner). operation of Station KTOY (FM), copy contractor, ITS, Inc., (202) 857– Channel 284A, Texarkana, Arkansas. 3800, 2100 M Street, NW, Suite 140, FOR FURTHER INFORMATION CONTACT: Pam The coordinates for Channel 286A at Washington, D.C. 20037. Blumenthal, Mass Media Bureau, (202) New Boston are 33–27–41 and 94–31– Provisions of the Regulatory 418–2180. 00. Flexibility Act of 1980 do not apply to SUPPLEMENTARY INFORMATION: This is a this proceeding. DATES: Comments must be filed on or synopsis of the Commission’s Notice of Members of the public should note before March 10, 1997, and reply Proposed Rule Making, MM Docket No. that from the time a Notice of Proposed comments on or before March 25, 1997. 97–8, adopted January 10, 1997, and Rule Making is issued until the matter ADDRESSES: Federal Communications released January 17, 1997. The full text is no longer subject to Commission Commission, Washington, DC 20554. In of this Commission decision is available consideration or court review, all ex addition to filing comments with the for inspection and copying during parte contacts are prohibited in FCC, interested parties should serve the normal business hours in the FCC’s Commission proceedings, such as this petitioner, or its counsel or consultant, Reference Center (Room 239), 1919 M one, which involve channel allotments. as follows: Henry E. Crawford, Esq., Street, NW, Washington, D.C. The See 47 CFR 1.1204(b) for rules 1150 Connecticut Avenue, NW, Suite complete text of this decision may also governing permissible ex parte contacts. 900, Washington, DC 20036 (Counsel for be purchased from the Commission’s For information regarding proper petitioner). copy contractor, ITS, Inc., (202) 857– filing procedures for comments, see 47 FOR FURTHER INFORMATION CONTACT: 3800, 2100 M Street, NW, Suite 140, CFR 1.415 and 1.420. Pam Blumenthal, Mass Media Bureau, Washington, DC 20037. (202) 418–2180. List of Subjects in 47 CFR Part 73 Provisions of the Regulatory SUPPLEMENTARY INFORMATION: This is a Radio broadcasting. Flexibility Act of 1980 do not apply to synopsis of the Commission’s Notice of Federal Communications Commission. this proceeding. Proposed Rule Making, MM Docket No. John A. Karousos, Members of the public should note 97–9, adopted January 10, 1997, and Chief, Allocations Branch, Policy and Rules that from the time a Notice of Proposed released January 17, 1997. The full text Division, Mass Media Bureau. Rule Making is issued until the matter of this Commission decision is available [FR Doc. 97–1932 Filed 1–24–97; 8:45 am] is no longer subject to Commission for inspection and copying during consideration or court review, all ex normal business hours in the FCC’s BILLING CODE 6712±01±P parte contacts are prohibited in Reference Center (Room 239), 1919 M Commission proceedings, such as this Street, NW, Washington, DC. The 47 CFR Part 73 one, which involve channel allotments. complete text of this decision may also See 47 CFR 1.1204(b) for rules be purchased from the Commission’s [MM Docket No. 97±8, RM±8957] governing permissible ex parte contacts. copy contractor, ITS, Inc., (202) 857– Radio Broadcasting Services; Amelia, For information regarding proper 3800, 2100 M Street, NW, Suite 140, LA filing procedures for comments, see 47 Washington, DC 20037. CFR 1.415 and 1.420. Provisions of the Regulatory AGENCY: Federal Communications Flexibility Act of 1980 do not apply to Commission. List of Subjects in 47 CFR Part 73 this proceeding. ACTION: Proposed rule. Radio broadcasting. Members of the public should note that from the time a Notice of Proposed SUMMARY: The Commission requests Federal Communications Commission. Rule Making is issued until the matter comments on a petition by Amelia John A. Karousos, is no longer subject to Commission Broadcasting of Louisiana proposing the Chief, Allocations Branch, Policy and Rules consideration or court review, all ex allotment of Channel 249C3 at Amelia, Division, Mass Media Bureau. parte contracts are prohibited in Louisiana, as the community’s first local [FR Doc. 97–1933 Filed 1–24–97; 8:45 am] Commission proceedings, such as this aural transmission service. Channel BILLING CODE 6712±01±P one, which involve channel allotments. 3852 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules

See 47 CFR 1.1204(b) for rules Provisions of the Regulatory 97–3, adopted January 10, 1997, and governing permissible ex parte contacts. Flexibility Act of l980 do not apply to released January 17, 1997. The full text For information regarding proper this proceeding. of this Commission decision is available filing procedures for comments, see 47 Members of the public should note for inspection and copying during CFR 1.415 and 1.420. that from the time a Notice of Proposed normal business hours in the FCC Rule Making is issued until the matter Reference Center (Room 239), 1919 M List of Subjects in 47 CFR Part 73 is no longer subject to Commission Street, NW, Washington, DC. The Radio broadcasting. consideration or court review, all ex complete text of this decision may also parte contacts are prohibited in Federal Communications Commission. be purchased from the Commission’s Commission proceedings, such as this John A. Karousos, copy contractor, International one, which involve channel allotments. Transcription Services, Inc., (202) 857– Chief, Allocations Branch, Policy and Rules See 47 CFR 1.1204(b) for rules Division, Mass Media Bureau. 3800, 2100 M Street, NW., Suite 140, governing permissible ex parte contacts. Washington, DC 20037. [FR Doc. 97–1934 Filed 1–24–97; 8:45 am] For information regarding proper Provisions of the Regulatory BILLING CODE 6712±01±M filing procedures for comments, See 47 Flexibility Act of 1980 do not apply to CFR 1.415 and 1.420. this proceeding. Members of the public should note 47 CFR Part 73 List of Subjects in 47 CFR Part 73 that from the time a Notice of Proposed Radio broadcasting. Rule Making is issued until the matter [MM Docket No. 97±15, RM±8927] Federal Communications Commission. is no longer subject to Commission consideration or court review, all ex Radio Broadcasting Services; John A. Karousos, parte contacts are prohibited in Homedale, ID Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. Commission proceedings, such as this AGENCY: Federal Communications [FR Doc. 97–1935 Filed 1–24–97; 8:45 am] one, which involve channel allotments. Commission. BILLING CODE 6712±01±P See 47 CFR 1.1204(b) for rules governing permissible ex parte contacts. ACTION: Proposed rule. For information regarding proper SUMMARY: This document requests 47 CFR Part 73 filing procedures for comments, see 47 CFR 1.415 and 1.420. comments on a petition for rule making [MM Docket No. 97±3, RM±8945] filed on behalf of Homedale List of Subjects in 47 CFR Part 73 Broadcasting Company requesting the Radio Broadcasting Services; Bend, Radio broadcasting. allotment of Channel 292C to Homedale, OR Idaho, as that community’s first local Federal Communications Commission. aural transmission service. Coordinates AGENCY: Federal Communications John A. Karousos, used for Channel 292C at Homedale are Commission. Chief, Allocations Branch, Policy and Rules 43–33–13 and 117–22–10. ACTION: Proposed rule. Division, Mass Media Bureau. [FR Doc. 97–1936 Filed 1–24–97; 8:45 am] DATES: Comments must be filed on or SUMMARY: The Commission requests before March 10, 1997, and reply comments on a petition filed by BILLING CODE 6712±01±P comments on or before March 25, 1997. Sunriver Broadcasting Company seeking ADDRESSES: the allotment of Channel 259A to Bend, Secretary, Federal 47 CFR Part 73 Communications Commission, Oregon, as the community’s sixth local Washington, DC 20554. In addition to commercial FM service. Channel 259A [MM Docket No. 97±6, RM±8944] filing comments with the FCC, can be allotted to Bend in compliance interested parties should serve the with the Commission’s minimum Radio Broadcasting Services; Beatty, petitioner’s counsel, as follows: Henry distance separation requirements NV E. Crawford, Esq., Law Offices of Henry without the imposition of a site AGENCY: Federal Communications E. Crawford, 1150 Connecticut Avenue, restriction, at coordinates 44–03–30 Commission. NW., Suite 900, Washington, DC 20036. North Latitude and 121–18–30 West ACTION: Proposed rule. FOR FURTHER INFORMATION CONTACT: Longitude. Nancy Joyner, Mass Media Bureau, (202) DATES: Comments must be filed on or SUMMARY: The Commission requests 418–2180. before March 10, 1997, and reply comments on a petition filed by Beatty SUPPLEMENTARY INFORMATION: This is a comments on or before March 25, 1997. Mountain Broadcasting Company synopsis of the Commission’s Notice of ADDRESSES: Federal Communications seeking the allotment of Channel 262A Proposed Rule Making, MM Docket No. Commission, Washington, DC. 20554. In to Beatty, Nevada, as the community’s 97–15, adopted January 10, 1997, and addition to filing comments with the first local aural transmission service. released January 17, 1997. The full text FCC, interested parties should serve the Channel 262A can be allotted to Beatty of this Commission decision is available petitioner, or its counsel or consultant, in compliance with the Commission’s for inspection and copying during as follows: Henry E. Crawford, Esq., minimum distance separation normal business hours in the FCC’s 1150 Connecticut Avenue, NW., Suite requirements without the imposition of Reference Center (Room 239), 1919 M 900, Washington, DC. 20036 (Counsel to a site restriction, at coordinates 36–54– Street, NW., Washington, DC. The petitioner). 24 North Latitude and 116–45–36 West complete text of this decision may also FOR FURTHER INFORMATION CONTACT: Longitude. be purchased from the Commission’s Leslie K. Shapiro, Mass Media Bureau, DATES: Comments must be filed on or copy contractors, International (202) 418–2180. before March 10, 1997, and reply Transcription Services, Inc., 2100 M SUPPLEMENTARY INFORMATION: This is a comments on or before March 25, 1997. Street, NW., Suite 140, Washington, DC synopsis of the Commission’s Notice of ADDRESSES: Federal Communications 20037, (202) 857–3800. Proposed Rule Making, MM Docket No. Commission, Washington, DC. 20554. In Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3853 addition to filing comments with the Springs, Colorado, as its second local 47 CFR Part 73 FCC, interested parties should serve the FM transmission service. Coordinates [MM Docket No. 97±16, RM±8932] petitioner, or its counsel or consultant, used for Channel 255A at Steamboat as follows: Henry E. Crawford, Esq., Springs are 40–29–12 and 106–49–54. Radio Broadcasting Services; 1150 Connecticut Avenue, NW., Suite Nashville, AR 900, Washington, DC. 20036 (Counsel to DATES: Comments must be filed on or petitioner). before March 10, 1997, and reply AGENCY: Federal Communications comments on or before March 25, 1997. FOR FURTHER INFORMATION CONTACT: Commission. Leslie K. Shapiro, Mass Media Bureau, ADDRESSES: Secretary, Federal ACTION: Proposed rule. (202) 418–2180. Communications Commission, SUMMARY: This document requests SUPPLEMENTARY INFORMATION: This is a Washington, DC. 20554. In addition to comments on a petition for rule making synopsis of the Commission’s Notice of filing comments with the FCC, filed on behalf of Temperance Proposed Rule Making, MM Docket No. interested parties should serve the Broadcasting Company requesting the 97–6, adopted January 10, 1997, and petitioner’s counsel, as follows: Henry allotment of Channel 245A to Nashville, released January 17, 1997. The full text E. Crawford, Esq., Law Offices of Henry Arkansas, as its second local FM of this Commission decision is available E. Crawford, 1150 Connecticut Avenue, transmission service. Coordinates used for inspection and copying during NW., Suite 900, Washington, DC 20036. for Channel 245A at Nashville are 33– normal business hours in the FCC 59–12 and 93–51–54. Reference Center (Room 239), 1919 M FOR FURTHER INFORMATION CONTACT: DATES: Comments must be filed on or Nancy Joyner, Mass Media Bureau, (202) Street, NW, Washington, DC. The before March 10, 1997, and reply complete text of this decision may also 418–2180. comments on or before Maarch 25, 1997. be purchased from the Commission’s SUPPLEMENTARY INFORMATION: This is a ADDRESSES: Secretary, Federal copy contractor, International Communications Commission, Transcription Services, Inc., (202) 857– synopsis of the Commission’s Notice of Washington, DC 20554. In addition to 3800, 2100 M Street, NW., Suite 140, Proposed Rule Making, MM Docket No. filing comments with the FCC, Washington, DC 20037. 97–17, adopted January 10, 1997, and interested parties should serve the Provisions of the Regulatory released January 17, 1997. The full text petitioner’s counsel, as follows: Henry Flexibility Act of 1980 do not apply to of this Commission decision is available E. Crawford, Esq., Law Offices of Henry this proceeding. for inspection and copying during E. Crawford, 1150 Connecticut Avenue, Members of the public should note normal business hours in the FCC’s NW., Suite 900, Washington, DC 20036. that from the time a Notice of Proposed Reference Center (Room 239), 1919 M Rule Making is issued until the matter Street, NW., Washington, DC. The FOR FURTHER INFORMATION CONTACT: is no longer subject to Commission complete text of this decision may also Nancy Joyner, Mass Media Bureau, (202) consideration or court review, all ex be purchased from the Commission’s 418–2180. parte contacts are prohibited in copy contractors, International SUPPLEMENTARY INFORMATION: This is a Commission proceedings, such as this Transcription Services, Inc., 2100 M synopsis of the Commission’s Notice of one, which involve channel allotments. Street, NW., Suite 140, Washington, DC Proposed Rule Making, MM Docket No. 97–16, adopted January 10, 1997, and See 47 CFR 1.1204(b) for rules 20037, (202) 857–3800. governing permissible ex parte contacts. released January 17, 1997. The full text Provisions of the Regulatory For information regarding proper of this Commission decision is available Flexibility Act of l980 do not apply to filing procedures for comments, see 47 for inspection and copying during this proceeding. CFR 1.415 and 1.420. normal business hours in the FCC’s Members of the public should note Reference Center (Room 239), 1919 M List of Subjects in 47 CFR Part 73 that from the time a Notice of Proposed Street, NW., Washington, DC. The Radio broadcasting. Rule Making is issued until the matter complete text of this decision may also be purchased from the Commission’s Federal Communications Commission is no longer subject to Commission consideration or court review, all ex copy contractors, International John A. Karousos, Transcription Services, Inc., 2100 M parte contacts are prohibited in Chief, Allocations Branch, Policy and Rules Street, NW., Suite 140, Washington, DC Commission proceedings, such as this Division, Mass Media Bureau. 20037, (202) 857–3800. [FR Doc. 97–1937 Filed 1–24–97; 8:45 am] one, which involve channel allotments. Provisions of the Regulatory BILLING CODE 6712±01±P See 47 CFR 1.1204(b) for rules Flexibility Act of l980 do not apply to governing permissible ex parte contacts. this proceeding. For information regarding proper Members of the public should note 47 CFR Part 73 filing procedures for comments, See 47 that from the time a Notice of Proposed [MM Docket No. 97±17, RM±8942] CFR 1.415 and 1.420. Rule Making is issued until the matter is no longer subject to Commission Radio Broadcasting Services; List of Subjects in 47 CFR Part 73 consideration or court review, all Steamboat Springs, CO exparteacts are prohibited in Radio broadcasting. Commission proceedings, such as this AGENCY: Federal Communications Federal Communications Commission. one, which involve channel allotments. Commission. John A. Karousos, See 47 CFR 1.1204(b) for rules ACTION: Proposed rule. Chief, Allocations Branch, Policy and Rules governing permissible exparteacts. Division, Mass Media Bureau. For information regarding proper SUMMARY: This document requests filing procedures for comments, See 47 [FR Doc. 97–1938 Filed 1–24–97; 8:45 am] comments on a petition for rule making CFR 1.415 and 1.420. filed on behalf of Colorado Alpine BILLING CODE 6712±01±F Broadcasting Company requesting the List of Subjects in 47 CFR Part 73 allotment of Channel 255A to Steamboat Radio broadcasting. 3854 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules

Federal Communications Commission. one, which involve channel allotments. Provisions of the Regulatory John A. Karousos, See 47 CFR 1.1204(b) for rules Flexibility Act of l980 do not apply to Chief, Allocations Branch, Policy and Rules governing permissible exparteacts. this proceeding. Division, Mass Media Bureau. For information regarding proper Members of the public should note [FR Doc. 97–1939 Filed 1–24–97; 8:45 am] filing procedures for comments, See 47 that from the time a Notice of Proposed BILLING CODE 6712±01±F CFR 1.415 and 1.420. Rule Making is issued until the matter is no longer subject to Commission List of Subjects in 47 CFR Part 73 consideration or court review, all ex 47 CFR Part 73 Radio broadcasting. parte contacts are prohibited in Commission proceedings, such as this [MM Docket No. 97±19, RM±8978] Federal Communications Commission. John A. Karousos, one, which involve channel allotments. Radio Broadcasting Services; Chief, Allocations Branch, Policy and Rules See 47 CFR 1.1204(b) for rules Williams, CA Division, Mass Media Bureau. governing permissible ex parte contacts. [FR Doc. 97–1940 Filed 1–24–97; 8:45 am] For information regarding proper AGENCY: Federal Communications filing procedures for comments, See 47 BILLING CODE 6712±01±F Commission. CFR 1.415 and 1.420. ACTION: Proposed Rule. List of Subjects in 47 CFR Part 73 47 CFR Part 73 SUMMARY: This document requests Radio broadcasting. [MM Docket No. 97±13, RM±8915] comments on a petition for rule making Federal Communications Commission. filed on behalf of Spring Creek John A. Karousos, Broadcasting Company requesting the Radio Broadcasting Services; Franklin, allotment of Channel 256A to Williams, ID Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. California, as that community’s first AGENCY: Federal Communications local aural transmission service. [FR Doc. 97–1941 Filed 1–24–97; 8:45 am] Commission. BILLING CODE 6712±01±F Coordinates used for Channel 256A at ACTION: Proposed rule. Williams are 39–04–54 and 122–14–06. DATES: Comments must be filed on or SUMMARY: This document requests 47 CFR Part 73 before March 10, 1997, and reply comments on a petition for rule making comments on or before March 25, 1997. filed by Mountain Tower Broadcasting [MM Docket No. 97±18, RM±8943] ADDRESSES: Secretary, Federal requesting the allotment of Channel 249A to Franklin, Idaho, as that Radio Broadcasting Services; Communications Commission, Durango, CO Washington, DC 20554. In addition to community’s first local aural filing comments with the FCC, transmission service. Coordinates used AGENCY: Federal Communications interested parties should serve the for Channel 249A at Franklin are 42– Commission. petitioner’s counsel, as follows: Henry 06–39 and 111–46–40. ACTION: Proposed rule. E. Crawford, Esq., Law Offices of Henry DATES: Comments must be filed on or E. Crawford, 1150 Connecticut Avenue, before March 10, 1997, and reply SUMMARY: This document requests NW., Suite 900, Washington, DC 20036. comments on or before March 25, 1997. comments on a petition for rule making filed on behalf of Range Broadcasting FOR FURTHER INFORMATION CONTACT: ADDRESSES: Secretary, Federal Nancy Joyner, Mass Media Bureau, (202) Communications Commission, Company requesting the allotment of 418–2180. Washington, DC 20554. In addition to Channel 243A to Durango, Colorado, as its fourth local FM transmission service. SUPPLEMENTARY INFORMATION: This is a filing comments with the FCC, interested parties should serve the Coordinates used for Channel 243A at synopsis of the Commission’s Notice of Durango are 37–16–57 and 107–52–36. Proposed Rule Making, MM Docket No. petitioner, as follows: Mountain Tower DATES: Comments must be filed on or 97–19, adopted January 10, 1997, and Broadcasting, Attn: Victor A. Michael, before March 10, 1997, and reply released January 17, 1997. The full text Jr., President, c/o Magic City Media, comments on or before March 25, 1997. of this Commission decision is available 1912 Capitol Avenue, Suite 300, for inspection and copying during Cheyenne, WY 82001. ADDRESSES: Secretary, Federal normal business hours in the FCC’s FOR FURTHER INFORMATION CONTACT: Communications Commission, Reference Center (Room 239), 1919 M Nancy Joyner, Mass Media Bureau, (202) Washington, DC 20554. In addition to Street, NW., Washington, DC. The 418–2180. filing comments with the FCC, complete text of this decision may also SUPPLEMENTARY INFORMATION: This is a interested parties should serve the be purchased from the Commission’s synopsis of the Commission’s Notice of petitioner’s counsel, as follows: Henry copy contractors, International Proposed Rule Making, MM Docket No. E. Crawford, Esq., Law Offices of Henry Transcription Services, Inc., 2100 M 97–13, adopted January 10, 1997, and E. Crawford, 1150 Connecticut Avenue, Street, NW., Suite 140, Washington, DC released January 17, 1997. The full text NW., Suite 900, Washington, DC 20036. 20037, (202) 857–3800. of this Commission decision is available FOR FURTHER INFORMATION CONTACT: Provisions of the Regulatory for inspection and copying during Nancy Joyner, Mass Media Bureau, (202) Flexibility Act of l980 do not apply to normal business hours in the FCC’s 418–2180. this proceeding. Reference Center (Room 239), 1919 M SUPPLEMENTARY INFORMATION: This is a Members of the public should note Street, NW., Washington, DC. The synopsis of the Commission’s Notice of that from the time a Notice of Proposed complete text of this decision may also Proposed Rule Making, MM Docket No. Rule Making is issued until the matter be purchased from the Commission’s 97–18, adopted January 10, 1997, and is no longer subject to Commission copy contractors, International released January 17, 1997. The full text consideration or court review, all Transcription Services, Inc., 2100 M of this Commission decision is available exparteacts are prohibited in Street, NW., Suite 140, Washington, DC for inspection and copying during Commission proceedings, such as this 20037, (202) 857–3800. normal business hours in the FCC’s Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3855

Reference Center (Room 239), 1919 M regulated by State and local authorities, regulations and appendices from the Street, NW., Washington, DC. The better addressed by company policy, in FMCSRs. On July 28, 1995 [60 FR complete text of this decision may also need of clarification, or more 38739], the FHWA published a final be purchased from the Commission’s appropriately contained in another rule which made technical corrections copy contractors, International section. This action is consistent with to keep the FMCSRs accurate and up to Transcription Services, Inc., 2100 M the FHWA’s Zero Base Regulatory date. These actions were in response to Street, NW., Suite 140, Washington, DC Review and the President’s Regulatory the Zero Base Regulatory Review. 20037,(202) 857–3800. Reinvention Initiative. This rulemaking would remove, Provisions of the Regulatory DATES: Comments must be received no amend, and redesignate other Flexibility Act of l980 do not apply to later than March 28, 1997. regulations and would amend the single this proceeding. ADDRESSES: All signed, written regulation which was proposed to be Members of the public should note comments should refer to the docket removed in the January 10, 1994, NPRM that from the time a Notice of Proposed number that appears at the top of this and was not removed in the November Rule Making is issued until the matter document and must be submitted to 23, 1994, final rule. The FHWA requests is no longer subject to Commission HCC–10, room 4232, Office of the Chief comments on these proposed regulatory consideration or court review, all ex Counsel, Federal Highway changes and recommendations from all parte contacts are prohibited in Administration, 400 Seventh Street, interested persons on additional Commission proceedings, such as this SW., Washington, DC 20590. All regulatory changes to improve the one, which involve channel allotments. comments received will be available for FMCSRs. The following is a discussion See 47 CFR 1.1204(b) for rules examination at the above address from of the proposed amendments to and governing permissible ex parte contacts. 8:30 a.m. to 3:30 p.m., e.t., Monday deletions from the FMCSRs arranged by For information regarding proper through Friday, except Federal holidays. part and section of the FMCSRs except filing procedures for comments, See 47 Those desiring notification of receipt of for divided record authority which is CFR 1.415 and 1.420. comments must include a self- discussed first because the provision is mentioned in two parts of the FMCSRs. List of Subjects in 47 CFR Part 73 addressed, stamped postcard/envelope. FOR FURTHER INFORMATION CONTACT: Mr. Divided Record Authority Radio broadcasting. Peter C. Chandler, Office of Motor A motor carrier may maintain driver Federal Communications Commission. Carrier Research and Standards, (202) qualification files, records of duty John A. Karousos, 366–5763, or Mr. Charles E. Medalen, status, and receipts for instructions and Chief, Allocations Branch, Policy and Rules Office of the Chief Counsel, (202) 366– documents for drivers of motor vehicles Division, Mass Media Bureau. 1354, Federal Highway Administration, transporting Division 1.1, 1.2, or 1.3 [FR Doc. 97–1942 Filed 1–24–97; 8:45 am] Department of Transportation, 400 (explosive) materials at a regional or BILLING CODE 6712±01±F Seventh Street, SW., Washington, DC terminal office if the motor carrier has 20590. Office hours are from 7:45 a.m. requested and been approved by the to 4:15 p.m., e.t., Monday through Regional Director of Motor Carriers to DEPARTMENT OF TRANSPORTATION Friday, except Federal holidays. do so in accordance with §§ 391.51(g) SUPPLEMENTARY INFORMATION: and 395.1(g). Upon approval by the Federal Highway Administration Regional Director of Motor Carriers, the Background current policy of the FHWA is, 49 CFR Parts 387, 390, 391, 392, 395, The first Federal Motor Carrier Safety generally, to allow a motor carrier to 396, and 397 Regulations (FMCSRs) were maintain records and documents at only [FHWA Docket No. MC±97±3] promulgated in 1937. The FMCSRs have one location per State. Otherwise, been amended many times during the records required by subchapter B of title RIN 2125±AD72 past 59 years. In September 1992, the 49, Code of Federal Regulations, must Review of the Federal Motor Carrier FHWA began a comprehensive multi- be maintained at a motor carrier’s Safety Regulations; Regulatory year project to develop modern, uniform principal place of business except for Removals and Substantive safety regulations that are up to date, inspection, repair, and maintenance Amendments clear, concise, easier to understand, and records which must be maintained more performance oriented. This project where the motor vehicle is either AGENCY: Federal Highway has been named the Zero Base housed or maintained, and the records Administration (FHWA), DOT. Regulatory Review. of a motor carrier’s alcohol and ACTION: Notice of proposed rulemaking Upon the announcement of the first controlled substances use and testing (NPRM); request for comments. four public outreach sessions in the program which must be made available Federal Register on August 18, 1992 [57 for inspection at the principal place of SUMMARY: This document requests FR 37392], the FHWA opened a public business within two business days after comments on the intent of the FHWA to docket, MC–92–33, to allow interested a request has been made by an remove, amend, and redesignate certain parties who were unable to attend an authorized representative of the FHWA. regulations concerning financial outreach session the opportunity to On November 17, 1993 [58 FR 60734], responsibility; general applicability and submit comments and recommendations the FHWA issued regulatory guidance definitions; accident recordkeeping for improvement of the FMCSRs. After that allows inspection, repair, and requirements; qualifications of drivers; the comment period closed on April 1, maintenance records to be maintained at driving of commercial motor vehicles; 1993, and the comments were analyzed, a location of the motor carrier’s choice hours of service of drivers; inspection, the FHWA published a notice of if a motor vehicle is not housed or repair, and maintenance; and the proposed rulemaking (NPRM) in the maintained at a single location, but transportation of hazardous materials. Federal Register on January 10, 1994 these records must be made available These regulations are obsolete, [59 FR 1366], and a final rule on within two business days upon request redundant, unnecessary, ineffective, November 23, 1994 [59 FR 60319], to of the FHWA in all cases (§ 396.3, burdensome, more appropriately remove obsolete or redundant question 5). At the same time, the 3856 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules

FHWA issued regulatory guidance that The FHWA believes there is no sound FHWA, therefore, proposes to amend allows supporting documents for reason to allow some, but not all, the definitions in § 387.5 to specify that records of duty status and time records required records to be maintained at For-hire carriage means transportation for 100 air-mile radius drivers to be locations other than the principal place of property by a common, contract, or maintained at locations other than the of business. One thrust of the Zero Base exempt commodity motor carrier of principal place of business provided Regulatory Review is to make the property. these documents and records can be FMCSRs more performance oriented to forwarded to the principal place of provide motor carriers with increased Motor Carrier business within two business days upon flexibility in achieving compliance. The The FHWA proposes to amend the request by a special agent or authorized proposed removal of divided record definition of motor carrier to a for-hire representative of the FHWA (§ 395.8, authority is a good example of this goal. or private motor carrier of property in question 10 and § 395.1, question 8, The FHWA proposes to eliminate order to make it clear that the term respectively). Thus, the FMCSRs and divided record authority by removing includes an exempt commodity motor the regulatory guidance establish §§ 391.51(g) and 395.1(g), amending carrier of property. dissimilar recordkeeping requirements §§ 391.51(f), 395.8(k)(1), and 397.19(b), related to the location of required and by codifying a flexible rule on Subpart B—Motor Carriers of Passengers records. The FHWA proposes to record retention for motor carriers with Applicability establish uniform recordkeeping multiple terminals or offices in § 390.29. requirements related to the location of The FHWA also proposes to amend the On November 17, 1993 [58 FR 60734], required records. definition of principal place of business the FHWA issued regulatory guidance Specifically, the FHWA proposes to in § 390.5 to mean a single location that addressed the applicability of the allow motor carriers with multiple where records required by parts 382, financial responsibility requirements to terminals or offices to maintain all 387, 390, 391, 395, 396, and 397 of this school bus transportation (§ 387.27, records required by subchapter B at subchapter will be made available for question 4). Specifically, for-hire regional offices or driver work-reporting inspection within 48 hours after a contractors providing transportation of locations provided records can be request has been made by a special preprimary, primary, and secondary produced at the principal place of agent or authorized representative of the students for extracurricular trips business or other specified locations FHWA. organized, sponsored, and paid for by within 48 hours upon request by a the school district are not subject to the special agent or authorized Part 387—Minimum Levels of Financial financial responsibility requirements. representative of the FHWA. Saturdays, Responsibility for Motor Carriers The FHWA proposes to codify this Sundays, and Federal holidays would Part 387 prescribes the minimum regulatory guidance in § 387.27(b)(4). be excluded from the computation of levels of financial responsibility Definitions the 48-hour period of time. The FHWA required to be maintained by motor believes that 48 hours is a reasonable carriers of property and passengers. The For-Hire Carriage period of time to produce records at the purpose of these regulations is to ensure On November 17, 1993 [58 FR 60734], principal place of business in that motor carriers maintain an the FHWA issued regulatory guidance consideration of the availability of appropriate level of financial which clarified the meaning of for-hire overnight mail service and facsimile and responsibility for motor vehicles passenger transportation (§ 390.5, other electronic transmission operated on public highways. question 8). To codify this interpretative equipment. Motor carriers with a single Subpart A—Motor Carriers of Property guidance, the FHWA proposes to amend place of business would not be allowed the definition of For-hire carriage in 48 hours to produce records when Definitions § 387.29. The definition will make it requested. A motor carrier with multiple For-Hire Carriage clear that the term means passenger terminals or offices would be required transportation which is generally to make its records maintained at a There has been confusion within the motor carrier and insurance industries available to the public at large and is given location available for inspection performed for a commercial purpose by immediately upon request by an FHWA about whether a for-hire motor carrier of a commodity which is exempt from the a motor carrier which is directly or representative who is present at that indirectly compensated, monetarily or location. For motor carriers with economic regulations of the Interstate Commerce Commission (ICC), whose otherwise, for the transportation service multiple terminals or offices, a request provided. to forward files, documents, and records remaining functions have now been maintained at driver work-reporting divided between the Surface Motor Carrier locations to the principal place of Transportation Board of the Department of Transportation and the FHWA, is The FHWA proposes to amend the business or other specified location definition of motor carrier to make it would generally be limited to a specific subject to the requirements in part 387. Under the statutory authority provided clear that the term includes a for-hire sample or selection chosen by the motor carrier of passengers which was FHWA representative. However, all by 49 U.S.C. 31139, the Secretary of not subject to economic regulation by files, documents, and records Transportation is required to prescribe the ICC. Motor carrier would be maintained at regional or terminal regulations to require minimum levels amended to mean a person providing offices or driver work-reporting of financial responsibility for the for-hire carriage. locations may be requested to be transportation of property for forwarded to the principal place of compensation by motor vehicles in Motor Common Carrier interstate commerce. An exempt business or other specified location in Motor Contract Carrier some cases. commodity motor carrier of property is In an effort towards uniformity, the subject to part 387 when operating a The FHWA proposes to remove the FHWA proposes to make the allowances motor vehicle with a gross vehicle terms motor common carrier and motor and limitations for all recordkeeping weight rating of 10,000 pounds or more contract carrier because the terms requirements in subchapter B similar. in interstate or foreign commerce. The would not be used in part 387 after the Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3857 amendment of the definition of motor and is involved in the private otherwise specifically provided, carrier proposed here. transportation of passengers; and (2) a transportation performed by the Federal passenger car or a multipurpose government, a State, any political Part 390—Federal Motor Carrier Safety passenger vehicle operated by a motor subdivision of a State, or an agency Regulations; General carrier that is subject to the accident established under a compact between Part 390 establishes general recordkeeping requirements in § 390.15. States that has been approved by the applicability, definitions, general The exclusion of these types of motor Congress of the United States. However, requirements, and information vehicles from the definition of the term § 390.3(f)(2) does specifically make the pertaining to motor carriers and drivers accident is unnecessary. The FHWA recordkeeping requirements of subject to the FMCSRs. proposes to remove paragraph (2)(iii) § 390.15(b) applicable to these governmental entities when engaged in Definitions from the definition of the term accident. the interstate charter transportation of Accident Commercial Motor Vehicle passengers. The information required to The FHWA proposes to clarify the The definitions for CMV in §§ 383.5 be maintained by § 390.15(b) comprises meaning of the term ‘‘public road’’ in and 390.5 are written differently in the accident register. The only other the definition of accident by the terms of designed passenger capacity regulations in subchapter B of title 49 addition of a parenthetical phrase. The and the transportation of hazardous which may be applicable to a term ‘‘public road’’ is inclusive of materials, but they have the same government entity engaged in the privately owned roads or way which are meaning. There is no reason for two interstate charter transportation of accessible to the general public such as definitions that have no functional passengers are the Controlled those within and around stadiums, difference. The FHWA, therefore, Substances and Alcohol Use and arenas, shopping malls, residential proposes to amend paragraphs (b) and Testing standards in part 382 and the developments, private schools, parking (c) of the definition of CMV in § 390.5 CDL standards in part 383. It makes garages and lots, etc. Therefore, to read the same as paragraphs (c) and little sense to require government accessibility to the public, not the (d), respectively, of the definition of entities engaged in the interstate charter transportation of passengers to maintain identity of the owner, is the major factor CMV in § 383.5. an accident register because these which determines whether a road or Interstate Commerce entities are not subject to FHWA way is public. The FHWA proposes to The FHWA proposes to add language compliance reviews and do not receive add the phrase ‘‘(inclusive of privately to the definition of the term interstate accident countermeasure assistance. owned way which are accessible to the commerce to clarify that transportation Therefore, the FHWA proposes to general public)’’ after the term ‘‘public within a single State constitutes remove this recordkeeping requirement road’’ in the definition of accident in interstate commerce if such from § 390.3(f)(2). § 390.5. transportation is the continuation of a The current definition of the term through movement which has originated Part 391—Qualifications of Drivers accident would be amended by deleting from outside the State or is destined to The primary purpose of part 391 is to paragraph (2)(iii), an occurrence in the go outside the State. Whether ensure that operators of CMVs meet course of the operation of a passenger transportation of property qualifies as minimum physical qualifications and car or a multipurpose passenger vehicle interstate commerce depends on the possess the necessary knowledge, skills, (as defined in 49 CFR 571.3) by a motor essential character of the movement and abilities to operate CMVs safely. carrier that is not transporting which is determined by the shipper’s Qualification of Drivers passengers for hire or hazardous fixed and persisting intent at the time of materials of a type and quantity that shipment. This intent is ascertained by Driver qualification standards are require the motor vehicle to be marked examining all of the facts and contained in § 391.11 of the FMCSRs. or placarded in accordance with 49 CFR circumstances surrounding the These standards are minimum 177.823. A passenger car or a transportation. Consequently, the motor requirements that a person must meet to multipurpose passenger vehicle is carrier that performs an intrastate be qualified to drive a CMV in interstate limited by the definitions in § 571.3 to portion of an interstate movement is commerce. The driver qualification a motor vehicle designed for carrying 10 engaged in interstate commerce. standards are designed to protect the persons or less. The term accident is safety of the motoring public by not limited by definition to an occurrence Regularly Employed Driver permitting a person to drive a CMV who involving a commercial motor vehicle. The FHWA proposes to replace the lacks the essential abilities to perform ‘‘Commercial motor vehicle’’ is limited term regularly employed driver in his/her duties safely. by the definition in § 390.5 to a motor § 390.5 with the term single-employer Paragraphs (4) and (5) in § 391.11(b) vehicle with a gross vehicle weight driver because the FHWA believes that require a driver to be able to determine rating or gross combination weight the latter term is more consistent with whether the cargo he/she transports has rating of 10,001 or more pounds, a the intended meaning. In addition, the been properly distributed and secured motor vehicle designed to transport FHWA proposes to clarify that this and to be familiar with methods and more than 15 passengers including the proposed term includes a driver who procedures for securing cargo in or on driver, or a motor vehicle used to drives a CMV for only one motor carrier the CMV that he/she drives. Section transport hazardous materials in a on an intermittent, casual, or occasional 383.111(d) requires CMV operators to quantity requiring placarding. basis. have knowledge of the principles and Therefore, paragraph (2)(iii) would only procedures for the proper handling of apply to two types of motor vehicles Accident Recordkeeping Requirements cargo in order to obtain a CDL. Section involved in an accident: (1) A motor Section 390.3(f) provides general 392.9(a) prohibits a person from driving vehicle which has a gross vehicle exemptions from the FMCSRs for a CMV and prohibits a motor carrier weight rating or a gross combination certain types of operations and from requiring or permitting a person to weight rating of 10,001 or more pounds, transportation. Section 390.3(f)(2) drive a CMV unless the CMV’s cargo is is designed to carry 10 persons or less, exempts from the FMCSRs, unless properly distributed and adequately 3858 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules secured. The FHWA, therefore, proposes Analyses and Notices for further part of the process of obtaining some to remove §§ 391.11(b)(4) and (5) information. other type of license or as required by because these paragraphs are redundant. The sections to be removed or an employer, in a CMV comparable to The FHWA proposes to remove the amended by this proposal include the vehicle they own or will drive. completion and furnishing of an §§ 391.11(b)(8); 391.25; 391.27; Motor carriers are in a better position application for employment as a CMV 391.51(b)(3) and (b)(4); 391.51(h)(2) and than the FHWA to decide whether a driver as driver qualification standards. (h)(3); 391.63(a)(3) and (a)(4); 391.67(a); road test remains an effective method The FHWA believes that the completion and 391.68(a). This replacement would for determining whether driver- and furnishing of an employment create a more effective means for the applicants who are subject to the driver application are not driver qualification motor carrier to obtain information qualification standards in part 391, but standards, but rather necessary and about its drivers’ moving violations who are not required to possess a important actions which enable motor during the previous 12 months because commercial driver’s license, can safely carriers to evaluate the competence of it does not rely upon the memory or operate their CMVs. The choice should applicants for CMV driver positions. honesty of the driver. This amendment be made by the prospective employer The FHWA believes that the failure of would further highway safety by based on the available information, such a CMV driver to complete and furnish requiring the motor carrier to better as the nature and extent of a driver- an application to his/her employing verify that its drivers have not lost their applicant’s driving experience; the type motor carrier should not result in the driving privileges and have not been of driver’s license that the driver- CMV driver being unqualified. The otherwise disqualified to drive a CMV. applicant possesses; the requirements FHWA, therefore, proposes to remove It would also provide a way for a motor that the driver-applicant had to meet for § 391.11(b)(11). This is not intended to carrier to check whether its drivers who such license to be issued; the number affect the responsibility of CMV drivers are subject to the CDL standards have and severity of convictions for to complete and furnish the motor reported their convictions, violations of motor vehicle laws; any carriers that employ them with disqualifications, and license denial, revocation, or suspension of any employment applications containing suspensions, revocations, and driver’s license; and information certain information as required by cancellations as required by §§ 383.31(a) provided by previous employers. Such § 391.21. and 383.33. Many motor carriers or their information must be obtained by the insurance providers already make such new employer [49 CFR 391.21 and Record of Violations inquiries at least once per year, which 391.23]. The removal of the road test In 1994, the FHWA proposed to is good evidence that the technique is would not affect the requirement under remove the requirements related to the useful in a safety program. 49 CFR 391.11(b)(3) that a driver be able record of violations in 49 CFR 391.27 Road Test to operate the type of CMV safely that he or she drives by reason of experience, and 391.51(b)(4) [59 FR 1366, January Section 391.31 prohibits a driver from 10, 1994]. In comments to this proposal, training, or both. driving a CMV unless he/she has The removal of the requirements a recommendation was made to replace successfully completed a road test related to the road test would reduce the these requirements with similar ones which is administered by the paperwork burden upon motor carriers involving an annual inquiry addressed prospective employing motor carrier. A and make the driver qualification to the State licensing agency regarding motor carrier may accept a driver’s requirements more performance drivers’ driving records. The FHWA license as equivalent to a road test if oriented. One thrust of the Zero Base took no action on the record of such driver-applicant completed a road Regulatory Review is to allow motor violations provisions when the final test in the type of CMV that the motor carriers more flexibility in making their rule was adopted (59 FR 60319, carrier intends to assign to him or her, operations safe and achieving November 23, 1994), but promised as part of the licensing process. A motor compliance. further evaluation of the comments. carrier may also accept a certification of Motor carriers that want to continue In December 1994, the National road test issued to the driver-applicant giving road tests to their driver- Transportation Safety Board within the preceding three years. In any applicants might prefer the retention of recommended (H–94–12) that the event, a driver-applicant must a regulatory requirement. This is not FHWA ‘‘immediately revise the Federal demonstrate the ability to safely operate sufficient reason to retain the road test Motor Carrier Safety Regulations to the type of CMV to which he/she will provisions. Motor carriers have long require that motor carriers check a be assigned. been allowed to require or enforce more driver’s record, both initially and at In order to obtain a CDL, a driver stringent safety or health standards than least annually, with State licensing must pass a driving skills test in a CMV those required by the FMCSRs [49 CFR agencies where the driver works and is which is comparable to the CMV that 390.3(d)]. licensed.’’ The initial inquiry into a the driver expects to operate. At the The FHWA proposes to remove the driver’s driving record to the State discretion of a State, either a driving requirements related to the road test. licensing agency is already required by record and previous passage of an The sections affected by this proposed § 391.23. acceptable driving skills test or a driving removal include §§ 391.11(b)(10), The FHWA now proposes to replace record in combination with certain 391.31, 391.33, 391.49(d)(5), the requirements related to the record of driving experience may be substituted 391.51(c)(4), 391.51(d)(2), 391.61, violations with similar requirements for the driving skills test (49 CFR 391.67(c), 391.68(c), 391.69, and 391.73. involving an annual inquiry to the State 383.77). In all cases, a driver must The FHWA, however, proposes to retain licensing agency regarding drivers’ demonstrate the ability to operate a the requirement in § 391.49(d)(5) that a driving records. Interested persons are certain type of CMV safely. road test be administered to a driver invited to send comments concerning The road test requirements in part 391 who applies for a waiver of physical the paperwork burden of this proposal are redundant for those driver- disqualification. The FHWA believes to the Office of Management and Budget applicants who are required to possess that the agency should consider only (OMB). See the Paperwork Reduction a commercial driver’s license or who those driver applicants who have Act section below under Rulemaking successfully completed a road test, as successfully completed a road test Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3859 administered by the motor carrier co- the confusing term intermittent, casual, motor carriers operating in the State of applicant or other appropriate person, or occasional driver in § 390.5 and part Hawaii continuously since before April for a waiver of physical disqualification. 391 with the term multiple-employer 1, 1975. Section 391.61 provides a driver. limited exemption from the same Driver Qualification Files requirements for drivers who have been Drivers Furnished by Other Motor A driver qualification file contains all regularly employed by motor carriers Carriers required documentation that a driver is continuously since before January 1, qualified to drive a CMV in interstate Section 391.65 contains a limited 1971. For a motor carrier operating in commerce. These recordkeeping exemption from the generally applicable the State of Hawaii, there is requirements facilitate enforcement of driver qualification requirements for a considerable overlap between these the driver qualification standards by motor carrier that employs a driver who exemptions. The only difference is that enabling FHWA officials to check was furnished by another motor carrier drivers in Hawaii need 41⁄4 fewer years compliance quickly. Section if the furnishing motor carrier certifies of continuous employment to qualify for 391.51(b)(5) also requires a driver in writing that the driver is fully the exemption. Since very few, if any, qualification file to include any other qualified to drive a CMV. This written Hawaiian drivers fall into this category, matter which relates to the driver’s statement, commonly called a § 391.69 is largely redundant and the qualifications or ability to drive a CMV qualification certificate, must be FHWA proposes to remove it. The safely. The FMCSRs offer no examples substantially in accordance with the FHWA requests comments from motor or further clarification of what these form in § 391.65(a)(2). A motor carrier carriers operating in the State of Hawaii additional records or documents might which certifies a driver’s qualification is as to whether they employ a substantial include. A recordkeeping requirement required under § 391.65(c)(2) to recall number of drivers who have been for a nonspecific record is not the unexpired certificate carried by the regularly employed for a continuous necessary. Furthermore, the rules in part driver immediately upon learning that period which began before April 1, 391 establish minimum qualifications the driver is no longer qualified under 1975, but on or after January 1, 1971. for CMV drivers, and motor carriers are the regulations in part 391. It is not prohibited from establishing more unreasonable to require a motor carrier Intrastate Drivers of Vehicles stringent driver qualification standards. to recall a qualification certificate Transporting Class 3 Combustible In any case, a motor carrier is permitted because the carrier’s only option is to Liquids to maintain any document in a driver request the driver to return the Section 391.71 contains a limited qualification file regardless of the certificate. If the driver is uncooperative exemption from certain driver document’s relation to driver or no longer employed by the motor qualification requirements for drivers qualifications. The FHWA proposes to carrier, there is no obvious means of who have been regularly employed by remove § 391.51(b)(5) because it is securing the return of a certificate of motor carriers continuously since July 1, unclear and unnecessary. qualification. 1975, and who drive a CMV Section 391.51 includes exemptions The FHWA, therefore, proposes to transporting Class 3 combustible liquids for several types of drivers who are remove § 391.65(c)(2). Instead, a new in intrastate commerce. On January 24, covered more broadly in Subpart G— version of § 391.65(c) would declare that 1974 [39 FR 2768], Hazardous Materials Limited Exemptions. The driver the qualification certificate is no longer Docket No. HM–102 established the qualification file requirements would be valid when the driver leaves the term combustible liquids which resulted easier to understand if § 391.51 employment of the motor carrier that in drivers and motor vehicles engaged contained only the general issued it or is no longer qualified under in intrastate operations performed by requirements. A motor carrier could part 391. The FHWA also proposes to interstate motor carriers becoming easily determine the driver qualification require that a motor carrier which subject to the FMCSRs for the first time. requirements for a specific driver by employs a driver furnished by another Several commenters requested that a comparing § 391.51 with subpart G. The motor carrier contact the motor carrier permanent exemption be granted from FHWA proposes to amend § 391.51 to which issued the qualification the requirements of part 391, but exclude all but the general requirements certificate to verify its validity. This provided no data in support thereof. for driver qualification files. This would prevent a driver from obtaining Nonetheless, a limited exemption was proposal integrates § 391.51(c) into employment through use of an invalid provided to address the commenters’ § 391.51(b) and removes paragraphs (d) or false qualification certificate. The concerns and minimize the paperwork and (e) of § 391.51. FHWA does not propose to require a burden upon the affected intrastate motor carrier to make a written record operations of interstate motor carriers, Intermittent, Casual, or Occasional of this contact. This is in not intended which generally include the local Drivers to lessen the motor carrier’s delivery of fuel oil and heating oil. Section 391.63 contains a limited responsibility to ensure that the driver Section 397.2, adopted in 1971, exemption from certain driver is fully qualified under the regulations requires that a motor carrier or other qualification requirements for a motor in part 391. Interested persons are person to whom part 397 applies carrier which employs an intermittent, invited to send comments concerning comply with the FMCSRs (49 CFR parts casual, or occasional driver. That term the burden of this proposed requirement 390 through 397) when the person is is defined in § 390.5 as a driver who in to obtain information, to the OMB. See transporting hazardous materials any period of seven consecutive days is the Paperwork Reduction Act section requiring the motor vehicle to be employed or used by more than a single below under Rulemaking Analyses and marked or placarded. Section 397.2 was motor carrier. A driver who is employed Notices for further information. issued jointly under the Explosives and by a single motor carrier meets the Other Dangerous Articles Act (EODAA) definition of a regularly employed Drivers Operating in Hawaii [formerly 18 U.S.C. 831–835] and the driver in § 390.5 even though he or she Section 391.69 provides a limited Interstate Commerce Act (ICA) [now 49 might work only intermittently or exemption from certain driver U.S.C. 31502]. The scope of the EODAA occasionally. In an effort to promote qualification requirements for drivers was considered to be broader than that clarity, the FHWA proposes to replace who have been regularly employed by of the ICA and to reach the intrastate 3860 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules operations of an interstate motor carrier. private motor carriers of passengers and as needed. Section 393.95 requires The EODAA was repealed by the (business) immediately followed the all power units to be equipped with a Hazardous Liquid Pipeline Safety Act of limited exemption for drivers of private fire extinguisher (except a driven unit in 1979 (HLPSA) [49 U.S.C. 60101–60125]. motor carriers of passengers a driveaway-towaway operation), a The provisions of the EODAA which (nonbusiness) in § 391.68. The FHWA spare fuse or other overload protection were in part the authority for § 397.2 proposes to move § 391.73 to § 391.69. device if the devices used cannot be were not continued in the HLPSA. reset, for each kind and size used, and Part 392—Driving of Motor Vehicles Section 177.804 of the Hazardous one of several combinations of warning Materials Regulations (HMRs) requires The primary purpose of part 392 is to devices depending on the date the motor carriers and other persons subject ensure that CMVs are driven in a safe power unit was equipped with the to 49 CFR part 177 to comply with the manner. warning devices. Section 392.22(b) FMCSRs (49 CFR parts 390 through 397) Equipment, Inspection and Use stipulates how warning devices must be to the extent those regulations apply. placed when a CMV is stopped upon the Section 177.804 was issued under the Section 392.7 prohibits a CMV from traveled portion or shoulder of a authority of the Hazardous Materials being driven unless the driver is highway and, therefore, covers how Transportation Act (HMTA) [49 U.S.C. satisfied that nine specified parts and warning devices must be used when 5101 et seq.] as a final rule without accessories are in good working order. needed. It is readily evident to a driver notice or opportunity for comment. The Section 396.13(a) requires a driver to be when the use of a fire extinguisher or purpose of the issuance of § 177.804 was satisfied that the CMV is in safe spare fuse would be necessary in an to make civil penalties and other operating condition before driving the emergency. It is unnecessary for the enforcement tools of the HMTA CMV. One of these duplicative sections FMCSRs to impose a general applicable to hazardous materials should be removed. The FHWA believes requirement upon drivers to use or carriers already subject to the FMCSRs. that this requirement is more make use of a fire extinguisher or spare The issuance of § 177.804 merely appropriately contained in § 396.13(a) fuse when and as needed. The FHWA reissued, under new authority, because it addresses equipment proposes to remove § 392.8 because the regulations already in effect. Section condition more than safe driving. requirement that emergency equipment 177.804 incorporated the FMCSRs by Section 392.7 also requires a driver to be in place, ready for use, and used reference; therefore, the applicability use or make use of the same nine when and as needed is adequately and preemptive effects of the FMCSRs, specified parts and accessories when addressed by other sections of the as reissued under the HMTA, were not and as needed. All of these parts and FMCSRs. changed. accessories including the service brakes, Consequently, no authority exists to tires, horn, windshield wipers, etc. are Drivers of Trucks and Truck Tractors support application of parts 390 through essential vehicular components which Section 392.9(b) requires a driver of a 399 of the FMCSRs to a motor carrier or drivers necessarily use. It is redundant truck or truck tractor to assure himself/ driver who operates a CMV transporting for the FMCSRs to require their use by herself that the motor vehicle’s cargo is hazardous materials in intrastate a driver when and as needed. Therefore, properly loaded and secured before commerce whether or not the motor the FHWA proposes to remove § 392.7. driving, inspect the motor vehicle’s carrier has an interstate operation. cargo and its securement within the first Emergency Equipment; Inspection and Therefore, the FHWA proposes to 25 miles of driving, reexamine the cargo Use remove § 391.71. However, the and its securement at a change of duty Controlled Substances and Alcohol Use Part 393 prohibits the operation of a status or after 3 hours or 150 miles of and Testing standards in part 382 and CMV that is not equipped in accordance driving, and make any necessary the CDL standards in part 383 apply to with the requirements and adjustments to the cargo or load drivers and their employers who operate specifications therein. Section 393.95 securing devices. These requirements CMVs transporting hazardous materials requires all power units to be equipped are highly prescriptive and enforcement in a quantity requiring placarding, in with specific emergency equipment. of them is laborious and burdensome. intrastate commerce. The financial Section 392.8 prohibits a CMV from The regulations for protection against responsibility standards in part 387 being driven unless the driver is shifting or falling cargo are contained in continue to apply to motor carriers satisfied that the emergency equipment subpart I of part 393. Section 392.9(a) operating motor vehicles transporting required by § 393.95 is in place and prohibits a CMV from being driven certain types of hazardous materials, ready for use. Section 396.11 requires a unless the CMV’s cargo is properly hazardous substances, and hazardous driver to prepare a driver vehicle distributed and adequately secured in waste in certain types of containment inspection report (DVIR), which covers accordance with subpart I of part 393. systems, in intrastate commerce. emergency equipment, at the Section 392.9(b) is therefore completion of each day’s work on each unnecessary. The FHWA proposes to Private Motor Carrier of Passengers motor vehicle operated. If the remove § 392.9(b) to provide motor (Business) emergency equipment is found to be carriers the flexibility to develop their Section 391.73 contains a limited defective or missing, this must be own policies and methods to ascertain exemption from certain driver shown on the DVIR. Section 396.13 that a CMV’s cargo is properly qualification requirements for a driver requires the next driver to review the distributed and adequately secured in who has been a regularly employed last DVIR and sign it, if defects or accordance with subpart I of part 393. driver of a private motor carrier of deficiencies were noted by the previous The proposed removal of § 392.9(b) passengers (business) since July 1, 1994, driver, to acknowledge that the DVIR would not lessen the responsibility of a and continues to be so employed by that was reviewed and that there is a motor carrier or driver to ensure a motor carrier. With the proposed certification that the required repairs CMV’s cargo is distributed and secured removal of §§ 391.69 and 391.71, the have been completed. in a suitable manner to prevent shifting limited exemptions in subpart G of part Section 392.8 also requires a driver to and falling. 391 would appear in a logical sequence use or make use of the emergency Section 392.9(c)(1) prohibits a person if the limited exemption for drivers of equipment required by § 393.95 when from driving a bus unless all standees Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3861 are rearward of the standee line. This Railroad Grade Crossing; Stopping These requirements are fundamental prohibition would be more Required safe driving practices and are likely appropriately located in subpart G, Section 392.10 requires the driver of incorporated into the policy manuals of Prohibited Practices, of part 392 because a cargo tank motor vehicle or a CMV most motor carriers. In addition, most, it addresses unsafe driving more than transporting passengers, chlorine, or if not all, State and local authorities safe loading. The FHWA proposes to hazardous materials requiring prohibit the driving of a motor vehicle move § 392.9(c)(1) to § 392.62 and placarding or marking to stop the CMV at a speed during adverse driving entitle the section ‘‘Driving of buses, and ascertain that no train is conditions which endangers the safety standee line or bar.’’ approaching before crossing a railroad of the motoring public, even though Section 392.9(c)(2) prohibits a person grade. Section 392.10 also prohibits a such speed is at or below the posted from driving a bus unless all aisle seats driver of these types of CMVs from speed limit. These requirements are in a bus conform to the requirements of shifting gears when crossing the tracks. already and more appropriately § 393.91. Section 393.91 requires aisle The National Transportation Safety monitored and enforced by State and seats in a bus to be securely fastened to Board (NTSB) recommended that the local authorities. The FHWA proposes the motor vehicle and to automatically FHWA amend § 392.10 to require CMVs to remove § 392.14. fold and leave a clear aisle when transporting hazardous materials Required and Prohibited Use of Turn unoccupied. Section 393.1 prohibits a requiring placarding to stop prior to Signals CMV from being operated unless it is crossing a railroad grade with a warning Section 392.15 contains requirements equipped in accordance with the device only when the device is activated and prohibitions regarding the use of requirements and specifications to warn drivers of an approaching train. turn signals which are already and more contained therein. The FHWA proposes A warning device includes a appropriately monitored and enforced to remove § 392.9(c)(2) because it is functioning highway traffic signal, gate, by State and local authorities. The redundant. or a device that uses sound or light(s) FHWA proposes to remove § 392.15. Section 392.9(c)(3) prohibits a person to warn drivers of an approaching train. from driving a bus unless the baggage, This recommendation would make Unattended Vehicles; Precautions freight, and express on the bus is stowed § 392.10 consistent with the Uniform Section 392.20 prohibits a CMV from and secured in a safe manner. The Vehicle Code. It is not necessary for being left unattended until the parking FHWA proposes to move § 392.9(c)(3) to CMVs to stop immediately prior to brake has been securely set and all § 392.9(b). crossing a railroad grade when a reasonable precautions have been taken warning device is present and not to prevent movement. The parking and Hearing Aid To Be Worn activated. The FHWA, therefore, attendance of a CMV containing no proposes to amend § 392.10 to Section 392.9b requires a driver hazardous materials are more implement the NTSB’s whose hearing meets the minimum appropriately monitored and enforced recommendation. standards in § 391.41(b)(11) only when by State and local authorities. The wearing a hearing aid to wear an Drawbridges; Slowing Down of FHWA proposes to remove § 392.20. operating hearing aid while driving and Commercial Motor Vehicles Emergency Signals; Stopped Vehicles possess a spare power source. However, Section 392.13 requires a CMV that is Section 392.22(b) stipulates how if a driver meets the hearing standards approaching a drawbridge to be driven warning devices must be placed when a only when wearing a hearing aid, at a rate of speed which will permit the CMV is stopped on the traveled portion § 391.43(g)(1) requires the medical CMV to be stopped before reaching the or shoulder of a highway. The general examiner to mark the appropriate place, lip of the draw and to proceed only rule requires that three warning devices or to write in the statement ‘‘Qualified when the draw is completely closed. be placed in various directions and at only when wearing a hearing aid,’’ on State and local law enforcement officers various approximate distances from the the medical examiner’s certificate. are responsible for enforcing regulations stopped CMV. One warning device must Therefore, a driver who meets the regarding stopping and slowing of be placed at the traffic side of the hearing standards only when wearing a CMVs approaching drawbridges. stopped CMV within 10 feet of the front hearing aid is not medically qualified to Section 392.13 is not easily enforced by or rear of the CMV. Another warning drive a CMV in interstate commerce special agents of the FHWA and is more device must be placed approximately when not wearing a hearing aid. A appropriately addressed by State and 100 feet from the stopped CMV in the driver who is subject to and does not local traffic laws. The FHWA proposes center of the occupied traffic lane or meet the medical qualification to remove § 392.13. shoulder in the direction of approaching standards is prohibited from driving a traffic. A third warning device must be CMV in interstate commerce. Hazardous Conditions; Extreme Caution placed approximately 100 feet from the Section 392.9b is duplicative of the Section 392.14 requires a CMV driver stopped CMV in the center of the driver qualification requirements in part to exercise extreme caution and reduce occupied lane or shoulder in the 391. The FHWA wants to avoid speed when hazardous conditions opposite direction from the other two repetition in the FMCSRs. In addition, adversely affect visibility and traction. If warning devices. the carriage of extra equipment, driving conditions become sufficiently The warning devices are often not including spare power sources for dangerous, a CMV driver must placed at the correct locations. All three hearing aids, to ensure against possible discontinue operation of the CMV until warning devices are often incorrectly contingencies is best addressed by driving conditions improve to the point placed behind the stopped CMV in the company policy. The removal of in which the CMV can be safely direction toward approaching traffic. § 392.9b would not affect the operated. Whenever compliance with The FHWA proposes to amend the requirement that a driver comply with these requirements increases hazard to regulatory language to promote better the hearing standards when operating a passengers, however, the CMV may be understanding of the requirements. CMV in interstate commerce. The operated to the nearest point where the The warning devices are often not FHWA proposes to remove § 392.9b. safety of the passengers is assured. placed at the correct distances from the 3862 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules stopped CMV, in part because of the of the revocation, suspension, or by State and local authorities. The inability of drivers to determine withdrawal to his/her employing motor FHWA proposes to remove § 392.68. approximate distances correctly by eye. carrier. Upon consideration of Part 395—Hours of Service of Drivers To address this problem, the FHWA comments in response to this request, proposes to include the number of paces the FHWA may add additional language The primary purpose of part 395 is to within parentheses next to the required to § 391.15(b) which would exempt a prevent a CMV driver from driving distances; the proposed rule treats one driver of his/her notification while fatigued by establishing hours of pace as 2.5 feet. This will aid requirement if the State licensing service limitations and recordkeeping compliance by providing more guidance agency sends written notification to the requirements. on the placement of emergency warning driver’s employing motor carrier of the Definitions devices. revocation, suspension, or withdrawal On Duty Time Emergency Signals; Dangerous Cargoes and also sends written notification to the driver that his/her employing motor Section 392.25 prohibits the use of The driver requirements of §§ 392.7 carrier was sent such written and 392.8 relating to inspection and use any flame-producing emergency signal notification. for protecting any CMV transporting of parts, accessories, and emergency Division 1.1, 1.2, and 1.3 explosives; Reserve Fuel equipment is mentioned in paragraph (2) of the definition of on duty time in any cargo tank motor vehicle used for Section 392.51 prohibits the supply of the transportation of any flammable § 395.2. As previously explained, the fuel for the propulsion of a CMV or the FHWA proposes to remove §§ 392.7 and liquid or flammable compressed gas, operation of its accessories from being whether loaded or empty; or any CMV 392.8, thereby necessitating a revision of carried on the CMV except in a properly paragraph (2). using compressed gas as a motor fuel. mounted fuel tank or tanks. Section Section 393.95(g) prohibits any signal 392.51 is intended to address the Part 396—Inspection, Repair, and produced by a flame, including liquid carriage of small packages containing Maintenance burning emergency flares, fusees, and fuel when the fuel is intended for oil lanterns, to be carried on the same The primary purpose of part 396 is to consumption by the CMV or its types of CMVs. It is unnecessary to ensure that CMVs are in safe operating accessories. This practice, however, is prohibit the use of such signals when it condition by requiring motor carriers to not prohibited when the fuel is intended is already illegal to have them in the systematically inspect, repair, and for other purposes such as consumption CMV. The FHWA proposes to remove maintain, or cause to be systematically by machinery being transported. The § 392.25. inspected, repaired, and maintained, all FHWA believes there is no sound reason motor vehicles subject to their control. Notification of License Revocation to prohibit the carriage of small Driver Vehicle Inspection Reports Section 392.42 requires a driver who packages containing fuel in some but receives a notice that his/her license, not all circumstances. The FHWA Section 396.11(c)(3) requires a legible permit, or privilege to operate a CMV proposes to remove § 392.51. copy of the last DVIR to be carried on has been revoked, suspended, or Buses; Fueling the power unit. The reason for this withdrawn to notify his/her employing retention requirement is to enable motor carrier of such action before the Section 392.52 prohibits the fueling of roadside inspectors to determine end of the business day following the a bus in a closed building with whether a DVIR was prepared at the day of notification. This notification passengers aboard and limits the completion of the previous day’s work. requirement would be more number of times a bus may be fueled However, the decision to conduct a appropriately included in § 391.15, with passengers aboard to the minimum roadside inspection of the CMV is not entitled ‘‘Disqualification of drivers,’’ number of times necessary. The fueling influenced by the presence or absence of because it addresses the disqualification of a bus in a closed building with a DVIR. Furthermore, failure to have a of drivers more than safe driving. The passengers aboard is an extremely rare copy of the last DVIR in the power unit FHWA proposes to move the occurrence which does not warrant a is not an out-of-service violation under notification requirement in § 392.42 to Federal prohibition. The number of the North American Out-of-Service § 391.15(b)(2), and entitle paragraph (b) times a bus is fueled with passengers Criteria. The FHWA proposes to remove ‘‘Loss of driving privileges.’’ aboard has little effect upon highway § 396.11(c)(3) because its benefit is The FHWA requests comments from safety and is not an issue which is outweighed by the burden imposed. State driver licensing agencies regarding properly addressed by the FMCSRs. The This proposed removal is in no way whether such agencies send a written FHWA proposes to remove § 392.52. intended to affect the accessibility of the last DVIR which a driver must review notification to the employing motor Motive Power Not To Be Disengaged carrier of a driver who has had his/her before driving a CMV. The FHWA license, permit, or privilege to operate a Section 392.68 prohibits a CMV from proposes to amend § 396.13(b) by CMV revoked, suspended, or being driven with the source of motive removing the language that the last withdrawn. For those agencies that do, power disengaged from the driving DVIR is required to be carried on the the FHWA requests information about wheels except when such power unit. whether the driver receives a written disengagement is necessary to stop or to For ease of reference, a distribution notification from the agency stating that shift gears. Such a prohibition is more table is provided for the current sections the agency has sent written notification appropriately monitored and enforced and the proposed sections as follows:

Current section Proposed section

387.5 ...... 387.5 definitions revised. For-hire carriage ...... Revised. Motor carrier ...... Revised. 387.27 ...... 387.27(b)(4) added. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3863

Current section Proposed section

387.29 ...... 387.29 definitions revised. For-hire carriage ...... Revised. Motor carrier ...... Revised. Motor common carrier ...... Removed. Motor contract carrier ...... Removed. 390.3(f)(2) ...... Revised. 390.5 ...... 390.5 definitions revised. Accident ...... Revised. Commercial motor vehicle ...... Revised. Interstate commerce ...... Revised. Intermittent, casual, or occasional driver ...... Renamed: Multiple-employer driver. Principal place of business ...... Revised. Regularly employed driver ...... Renamed: Single-employer driver. 390.29 added. 391.11(b)(4) ...... Removed. 391.11(b)(5) ...... Removed. 391.11(b)(6) ...... 391.11(b)(4). 391.11(b)(7) ...... 391.11(b)(5). 391.11(b)(8) ...... Removed. 391.11(b)(9) ...... 391.11(b)(6). 391.11(b)(10) ...... Removed. 391.11(b)(11) ...... Removed. 391.15(b) ...... 391.15(b) (1) and (2). 391.25 ...... Revised. 391.27 ...... Removed and reserved. 391.31 ...... Removed and reserved. 391.33 ...... Removed and reserved. 391.49(d)(5) ...... Revised. 391.51(a) ...... Revised. 391.51(b) ...... Revised. 391.51(c) ...... Removed. 391.51(d) ...... Removed. 391.51(e) ...... Removed. 391.51(f) ...... 391.51(c) and revised. 391.51(g) ...... Removed. 391.51(h) ...... 391.51(d) and revised. 391.61 ...... Revised. 391.63 ...... Revised. 391.65(b) ...... Revised. 391.65(c) ...... Revised. 391.67 ...... Revised. 391.68 ...... Revised. 391.69 ...... Removed. 391.71 ...... Removed and reserved. 391.73 ...... 391.69 and revised. 392.7 ...... Removed and reserved. 392.8 ...... Removed and reserved. 392.9(b) ...... Removed. 392.9(c)(1) ...... 392.62. 392.9(c)(2) ...... Removed. 392.9(c)(3) ...... 392.9(b). 392.9b ...... Removed and reserved. 392.10(b)(1) ...... 392.10(b)(3). 392.10(b)(3) ...... 391.10(b)(1) and revised. 392.13 ...... Removed and reserved. 392.14 ...... Removed and reserved. 392.15 ...... Removed and reserved. 392.20 ...... Removed and reserved. 392.22(b)(1) ...... Revised. 392.25 ...... Removed and reserved. 392.42 ...... Removed and reserved. 392.51 ...... Removed and reserved. 392.52 ...... Removed and reserved. 392.62 ...... Added. 392.68 ...... Removed and reserved. 395.1(g) ...... Removed. 395.1(h) ...... 395.1(g). 395.1(i) ...... 395.1(h). 395.1(j) ...... 395.1(i). 395.1(k) ...... 395.1(j). 395.2 ...... 395.2 definitions revised. On-duty time ...... Revised. 395.8(k)(1) ...... Revised. 396.11(b) ...... Revised. 3864 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules

Current section Proposed section

396.11(c) ...... Revised. 396.11(c)(1) ...... Revised. 396.11(c)(2) ...... Revised. 396.11(c)(3) ...... Removed. 396.11(d) ...... Revised. 396.13(b) ...... Revised. 397.19(b) ...... Revised.

Rulemaking Analyses and Notices FHWA has evaluated the effects of this Paperwork Reduction Act All comments received before the proposed rule on small entities. The The information collection close of business on the comment FHWA believes that this proposed rule requirements that would be imposed as closing date indicated above will be would not have a significant economic a result of this rulemaking are being considered and will be available for impact on a substantial number of small submitted to the OMB for approval in examination in the docket at the above entities. The FHWA intends to further accordance with the Paperwork address. Comments received after the evaluate the economic consequences of Reduction Act of 1995, 44 U.S.C. 3501– comment closing date will be filed in this proposal on small entities in light 3520. This rulemaking proposes two the docket and will be considered to the of the comments received in response to new required collections of information. extent practicable, but the FHWA may this notice. The first is a recordkeeping issue a final rule at any time after the For the most part, this rulemaking requirement, an annual inquiry into close of the comment period. In would merely lessen the burden of drivers’ driving records, which would addition to late comments, the FHWA complying with the FMCSRs by making be included in the following will also continue to file relevant these regulations clearer and less information collection: information in the docket as it becomes redundant. As a result, all entities Title: Driver Qualification Files. available after the comment closing which are subject to these regulations Affected Public: Approximately date, and interested persons should would benefit, regardless of the size of 373,000 motor carriers. continue to examine the docket for new the entity. This regulatory action will Abstract: Motor carriers are required material. also facilitate compliance with the to maintain a driver qualification file for Executive Order 12866 (Regulatory FMCSRs by removing regulations on each CMV driver to document that the Planning and Review) and DOT certain areas that are more appropriately driver meets the qualification standards Regulatory Policies and Procedures addressed by company policy. This to drive in interstate commerce. action would thus provide motor Need: To ensure that motor carriers The FHWA has determined that this carriers with more flexibility to pursue regulatory action is not significant employ only qualified interstate CMV their own attempts at furthering the drivers. under Executive Order 12866 or safety of their operations. regulatory policies and procedures of Requested Time Period of Approval: the DOT. It is anticipated that the Executive Order 12612 (Federalism Three years. economic impact of this rulemaking will Assessment) Estimated Annual Burden: Based on an estimate of 5,500,000 interstate CMV be minimal. In addition, this regulatory This action has been analyzed in action is not expected to cause an drivers, annual inquiries into drivers’ accordance with the principles and driving records would impose an adverse effect on any sector of the criteria contained in Executive Order economy. The regulations which are the estimated annual burden of 398,750 12612, and it has been determined that subject of this proposed rule are hours. The recordkeeping requirements this proposed rule does not have obsolete, redundant, unnecessary, related to the record of violations sufficient federalism impacts to warrant ineffective, burdensome, more impose an estimated annual burden of the preparation of a Federalism appropriately regulated by State and 159,500 hours. The replacement of these Assessment. local authorities, better addressed by requirements with the proposed company policy, in need of clarification, These proposed changes to the recordkeeping requirements related to or more appropriately contained in FMCSRs will not preempt any State law annual inquiries into drivers’ driving another section. Thus, this rulemaking or State regulation and no additional records, would increase the total will actually lessen the burden imposed costs or burdens will be imposed on the estimated annual burden of driver by these regulations which will be States thereby. In fact, regulatory qualification files (approved by the removed, amended, or redesignated as a burdens will be lessened as a result of OMB under control number 2125–0065) result. No serious inconsistency or this rulemaking. In addition, this rule by 239,250 hours, from total 836,916 interference with another agency’s will not have a significant effect on the hours to total 1,076,166 hours. actions or plans will result because this States’ ability to execute traditional The second proposed information rulemaking deals exclusively with the State governmental functions. collection is a requirement for motor FMCSRs. In addition, the rights and Executive Order 12372 carriers that use a driver who is obligations of recipients of Federal (Intergovernmental Review) furnished by another motor carrier, to grants will not be materially affected by obtain information regarding the this regulatory action. In light of this Catalog of Federal Domestic validity of the driver’s qualification analysis, the FHWA finds that a full Assistance Program Number 20.217, certificate. This requirement would be regulatory evaluation is not required. Motor Carrier Safety. The regulations included in the following information implementing Executive Order 12372 collection: Regulatory Flexibility Act regarding intergovernmental Title: Qualification Certificate. In compliance with the Regulatory consultation on Federal programs and Affected Public: Approximately Flexibility Act (5 U.S.C. 601–612), the activities do not apply to this program. 373,000 motor carriers. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3865

Abstract: A motor carrier that used to cross reference this action with For-hire carriage means transportation employs a driver who is furnished by the Unified Agenda. of property by a common, contract, or another motor carrier, is exempt from exempt commodity motor carrier of List of Subjects maintaining a driver qualification file property. for such driver, provided a qualification 49 CFR Part 387 * * * * * certificate is obtained from the Hazardous materials transportation, Motor carrier means a for-hire or furnishing motor carrier. Highways and roads, insurance, Motor private motor carrier of property. Need: To ensure that motor carriers carriers, Penalties, Reporting and * * * * * employ only qualified interstate CMV recordkeeping requirements, Surety 3. Section 387.27 is amended by drivers. bonds. adding paragraph (b)(4) to read as Requested Time Period of Approval: follows: Three years. 49 CFR Part 390 Estimated Annual Burden: The Highways and roads, Intermodal § 387.27 Applicability. proposed information collection transportation, Motor carriers, Motor * * * * * involving contacts to verify the validity vehicle safety, Reporting and (b) * * * of qualification certificates would recordkeeping requirements. (4) A motor vehicle operated by a increase the total estimated annual 49 CFR Part 391 contract motor carrier providing burden of qualification certificates transportation of preprimary, primary, (approved by the OMB under control Highways and roads, Motor carriers— and secondary students for number 2125–0081) by 13,750 hours, driver qualifications, Motor vehicle extracurricular trips organized, from 13,750 total hours to 27,500 total safety, Reporting and recordkeeping sponsored, and paid by a school district. hours. requirements. 4. In § 387.29, the definitions of the Comments on these proposed 49 CFR Part 392 terms motor common carrier and motor collections of information may be Highways and roads, Highway safety, contract carrier are removed; and the submitted to the OMB. Interested parties Motor carriers—driving practices, Motor definitions of for-hire carriage and should send comments to the Office of vehicle safety. motor carrier are revised to read as Information and Regulatory Affairs, follows: Office of Management and Budget, 49 CFR Part 395 § 387.29 Definitions. 725—17th Street, NW., Washington, DC Global positioning systems, Highways 20503, Attention: Desk Officer for and roads, Intelligent transportation * * * * * Federal Highway Administration. The systems, Motor carriers—driver hours of For-hire carriage means transportation OMB is required to make a decision service, Motor vehicle safety, Reporting of passengers which is generally concerning the proposed recordkeeping and recordkeeping requirements. available to the public at large and is requirement between 30 and 60 days performed for a commercial purpose by 49 CFR Part 396 after publication of this action. A a motor carrier which is directly or comment to the OMB will be most Highway safety, Highways and roads, indirectly compensated, monetarily or effective if the OMB receives it within Motor carriers, Motor vehicle otherwise, for the transportation service 30 days of publication. maintenance, Motor vehicle safety, provided. Comments are invited on any aspect Reporting and recordkeeping * * * * * of the proposed collections of requirements. Motor carrier means a person information including, but not limited 49 CFR Part 397 providing for-hire carriage. to: (1) The necessity and utility of the * * * * * information collection for the proper Hazardous materials transportation, performance of the functions of the Highways and roads, Motor carriers, PART 390ÐFEDERAL MOTOR Motor vehicle safety. FHWA; (2) the accuracy of the estimated CARRIER SAFETY REGULATIONS; burden; (3) ways to enhance the quality, Issued on: January 7, 1997. GENERAL Rodney E. Slater, utility, and clarity of the collected 5. The authority citation for part 390 information; and (4) ways to minimize Federal Highway Administrator. continues to read as follows: the collection burden without reducing In consideration of the foregoing, the the quality of the collected information. Authority: 49 U.S.C. 5901–5907, 31132, FHWA proposes to amend title 49, Code 31133, 31136, 31502, and 31504; and 49 CFR National Environmental Policy Act of Federal Regulations, chapter III, 1.48. subchapter B, parts 387, 390, 391, 392, 6. Section 390.3 is amended by The agency has analyzed this action 395, 396, and 397 as set forth below: for the purpose of the National revising paragraph (f)(2) to read as Environmental Policy Act of 1969 (42 PART 387ÐMINIMUM LEVELS OF follows: U.S.C. 4321–4347) and has determined FINANCIAL RESPONSIBILITY FOR § 390.3 General applicability. that this action would not have any MOTOR CARRIERS effect on the quality of the environment. * * * * * 1. The authority citation for part 387 (f) * * * Regulation Identification Number continues to read as follows: (2) Transportation performed by the A regulation identification number Authority: 49 U.S.C. 31138 and 31139; and Federal government, a State, or any (RIN) is assigned to each regulatory 49 CFR 1.48. political subdivision of a State, or an action listed in the Unified Agenda of 2. In § 387.5, the definitions for-hire agency established under a compact Federal Regulations. The Regulatory carriage and motor carrier are revised to between States that has been approved Information Service Center publishes read as follows: by the Congress of the United States. the Unified Agenda in April and * * * * * October of each year. The RIN contained § 387.5 Definitions. 7. In § 390.5, the definition of the term in the heading of this document can be * * * * * accident is revised; the terms 3866 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules intermittent, casual, or occasional (3) Between two places in a State as Administration at the motor carrier’s driver and regularly employed driver are part of trade, traffic, or transportation principal place of business or other removed; the terms multiple-employer described in paragraphs (1) or (2) of this location specified by the agent or driver and single-employer driver are definition. representative within 48 hours after a added; and the terms commercial motor * * * * * request is made. Saturdays, Sundays, vehicle, interstate commerce, and Multiple-employer driver means a and Federal holidays are excluded from principal place of business are revised. driver, who in any period of 7 the computation of the 48-hour period All are placed in alphabetical order and consecutive days, is employed or used of time. read as follows: as a driver by more than one motor PART 391ÐQUALIFICATIONS OF § 390.5 Definitions. carrier. The qualification of such a driver shall be determined and recorded DRIVERS * * * * * in accordance with the provisions of 9. The authority citation for part 391 Accident means: §§ 391.63 or 391.65 of this subchapter, continues to read as follows: (1) Except as provided in paragraph as applicable. (2) of this definition, an occurrence Authority: 49 U.S.C. 504, 31133, 31136, involving a commercial motor vehicle * * * * * and 31502; and 49 CFR 1.48. Principal place of business means: operating on a public road (inclusive of (1) For a motor carrier with a single § 391.11 [Amended] privately owned roads which are place of business, the single location 10. Section 391.11 is amended by accessible to the public) in interstate or where records required by parts 387, revising paragraph (b) to read as follows: intrastate commerce which results in: 390, 391, and 395 of this subchapter (i) A fatality; must be maintained and where records § 391.11 Qualifications of drivers. (ii) Bodily injury to a person who, as required by parts 382 and 396 of this * * * * * a result of the injury, immediately subchapter must be made available for (b) Except as provided in subpart G of receives medical treatment away from inspection within 48 hours (Saturdays, this part, a person is qualified to drive the scene of the accident; or Sundays, and Federal holidays a motor vehicle if he/she— (iii) One or more motor vehicles excluded) after a request has been made (1) Is at least 21 years old; incurring disabling damage as a result of by a special agent or authorized (2) Can read and speak the English the accident, requiring the motor representative of the Federal Highway language sufficiently to converse with vehicle(s) to be transported away from Administration. the general public, to understand the scene by a tow truck or other motor (2) For a motor carrier with multiple highway traffic signs and signals in the vehicle. offices or terminals, the single location English language, to respond to official (2) The term accident does not designated by the motor carrier, inquiries, and to make entries on reports include: normally its headquarters, where and records; (i) An occurrence involving only records required by parts 382, 387, 390, (3) Can, by reason of experience, boarding and alighting from a stationary 391, 395, and 396 must be made training, or both, safely operate the type motor vehicle; or available for inspection within 48 hours of commercial motor vehicle he/she (ii) An occurrence involving only the (Saturdays, Sundays, and Federal drives; (4) Is physically qualified to drive a loading or unloading of cargo. holidays excluded) after a request has commercial motor vehicle in accordance * * * * * been made by a special agent or with subpart E—Physical Qualifications Commercial motor vehicle means any authorized representative of the Federal and Examinations of part 391; self-propelled or towed vehicle used on Highway Administration. public highways in interstate commerce (5) Has a currently valid commercial * * * * * motor vehicle operator’s license issued to transport passengers or property if the Single-employer driver means a driver vehicle: only from one State or jurisdiction; and who, in any period of 7 consecutive (6) Is not disqualified to drive a (1) Has a gross vehicle weight rating days, is employed or used as a driver or gross combination weight rating of commercial motor vehicle under the solely by a single motor carrier. Such rules in § 391.15. 10,001 or more pounds; or term includes a driver who operates a (2) Is designed to transport 16 or more 11. Section 391.15 is amended by commercial motor vehicle on an revising paragraph (b) to read as follows: passengers, including the driver; or intermittent, casual, or occasional basis. (3) Is of any size and is used in the * * * * * § 391.15 Disqualification of drivers. transportation of materials found to be * * * * * hazardous for the purposes of the 8. Section 390.29 is added to read as follows: (b) Loss of driving privileges. Hazardous Materials Transportation Act (1) A driver is disqualified for the (49 U.S.C. 5101 et seq.) and which § 390.29 Location of records or duration of the driver’s loss of his/her require the motor vehicle to be documents. privilege to operate a commercial motor placarded under the Hazardous (a) A motor carrier with multiple vehicle on public highways, either Materials Regulations (49 CFR Part 172, offices or terminals may maintain the temporarily or permanently, by reason Subpart F). records and documents required by this of the revocation, suspension, * * * * * subchapter at a regional office or driver withdrawal, or denial of an operator’s Interstate commerce means trade, work-reporting location unless license, permit, or privilege, until that traffic, or transportation in the United otherwise specified in this subchapter. operator’s license, permit, or privilege is States— (b) All records and documents restored by the authority that revoked, (1) Between a place in a State and a required by this subchapter which are suspended, withdrew, or denied it. place outside of such State (including a maintained at a regional office or driver (2) A driver who receives a notice that place outside of the United States); work-reporting location shall be made his/her license, permit, or privilege to (2) Between two places in a State available for inspection upon request by operate a commercial motor vehicle has through another State or a place outside a special agent or authorized been revoked, suspended, or withdrawn of the United States; or representative of the Federal Highway shall notify the motor carrier that Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3867 employs him/her of the contents of the § 391.49 Waiver of certain physical may be combined with his/her notice before the end of the business defects. personnel file. day following the day the driver * * * * * (b) The qualification file for a driver received it. (d) * * * must include: * * * * * (5) Road test: (1) The driver’s application for 12. Section 391.25 is revised to read (i) A motor carrier coapplicant shall employment completed in accordance as follows: ensure that a driver applicant has with § 391.21; successfully completed a road test. The (2) The written record with respect to § 391.25 Annual inquiry and review of road test shall be given by the motor each past employer who was contacted driving record. carrier or a person designated by it. The and a copy of the response by each State (a) Except as provided in subpart G of test shall be given by a person who is agency, pursuant to § 391.23 involving this part, each motor carrier shall, at competent to evaluate the driver investigation and inquiries; least once every 12 months, make an applicant’s performance and determine (3) The response of each State agency inquiry into the driving record of each whether he/she can operate the type of to the annual driver record inquiry driver it employs, covering at least the commercial motor vehicle, and required by § 391.25(a); preceding 12 months, to the appropriate associated equipment, the motor carrier (4) The note relating to the annual agency of every State in which the intends to assign him/her. review of the driver’s driving record as driver held a commercial motor vehicle (ii) A unilateral driver applicant shall required by § 391.25(c)(2); operator’s license or permit during the be responsible for having a road test (5) The medical examiner’s certificate time period. administered by a person who is of his/her physical qualification to drive (b) Except as provided in subpart G of competent to evaluate the driver a commercial motor vehicle as required this part, each motor carrier shall, at applicant’s performance and determine by § 391.43(f) or a legible photographic least once every 12 months, review the whether he/she can operate the type of copy of the certificate; and driving record of each driver it employs commercial motor vehicle, and (6) The letter from the Regional to determine whether that driver meets associated equipment, he/she proposes Director of Motor Carriers granting a minimum requirements for safe driving to operate. waiver of a physical disqualification, if or is disqualified to drive a commercial (iii) At a minimum, the person who a waiver was issued under § 391.49. motor vehicle pursuant to § 391.15. takes the road test must be evaluated on (c) Except as provided in paragraph (1) The motor carrier must consider his/her skill at performing each of the (d) of this section, each driver’s any evidence that the driver has following: qualification file shall be retained for as violated any applicable Federal Motor (A) Coupling and uncoupling of long as a driver is employed by that Carrier Safety Regulations or Hazardous combination units, if applicable; motor carrier and for 3 years thereafter. Materials Regulations. (B) Placing the commercial motor (d) The following records may be (2) The motor carrier must consider vehicle in operation; removed from a driver’s qualification the driver’s accident record and any (C) Use of the commercial motor file 3 years after the date of execution: evidence that the driver has violated vehicle’s controls and emergency (1) The response of each State agency laws governing the operation of motor equipment; to the annual driver record inquiry vehicles, and must give great weight to (D) Operating the commercial motor required by § 391.25(a); violations, such as speeding, reckless vehicle in traffic including passing other (2) The note relating to the annual driving, and operating while under the motor vehicles; review of the driver’s driving record as influence of alcohol or drugs, that (E) Turning the commercial motor required by § 391.25(c)(2); indicate that the driver has exhibited a vehicle; (3) The medical examiner’s certificate disregard for the safety of the public. (F) Braking and slowing the of the driver’s physical qualification to (c) Recordkeeping. commercial motor vehicle by means (1) A copy of the response by each drive a commercial motor vehicle or the other than braking; and photographic copy of the certificate as State agency to the inquiry required by (G) Backing and parking the required by § 391.43(f); and paragraph (a) of this section, showing commercial motor vehicle. (4) The letter issued under § 391.49 the driver’s driving record or certifying (iv) If the road test is successfully granting a waiver of a physical that no driving record exists for the completed, the person who gave it shall disqualification. driver, shall be maintained in the certify in writing that the person tested driver’s qualification file. possesses sufficient driving skill to (Approved by the Office of Management and (2) A note, including the name of the operate safely the type of commercial Budget under control number 2125–0065) person who performed the review of the motor vehicle in which the test was 17. Section 391.61 is revised to read driving record required by paragraph (b) given. The written certification shall as follows: of this section and the date of such include the date of the road test, the review, shall be maintained in the name of person tested; the type of power § 391.61 Drivers who were regularly driver’s qualification file. unit and trailer(s), or type of bus used employed before January 1, 1971. for the test; and name, signature, The provisions of § 391.21 (relating to § 391.27 [Removed and Reserved] occupation, and address of the person applications for employment) and 13. Section 391.27 is removed and who gave the test. § 391.23 (relating to investigations and reserved. * * * * * inquiries) do not apply to a driver who has been a single-employer driver (as Subpart D of Part 391Ð[Removed and 16. Section 391.51 is revised to read defined in § 390.5 of this subchapter) of Reserved] as follows: a motor carrier for a continuous period 14. Subpart D of part 391 (§§ 391.31 § 391.51 General requirements for driver which began before January 1, 1971, as and 391.33) is removed and reserved. qualification files. long as he/she continues to be a single- 15. Section 391.49 is amended by (a) Each motor carrier shall maintain employer driver of that motor carrier. revising paragraph (d)(5) to read as a driver qualification file for each driver 18. Section 391.63 is revised to read follows: it employs. A driver’s qualification file as follows: 3868 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules

§ 391.63 Multiple-employer drivers. about the background, character, and § 392.9 Safe loading. (a) If a motor carrier employs a person driving record of, drivers); and (a) General. No person shall drive a as a multiple-employer driver (as (c) Subpart F (relating to maintenance commercial motor vehicle and a motor defined in § 390.5 of this subchapter), of files and records). carrier shall not require or permit a the motor carrier shall comply with all 21. Section 391.68 is revised to read person to drive a commercial motor requirements of this part, except that the as follows: vehicle unless— motor carrier need not— (1) The commercial motor vehicle’s § 391.68 Private motor carrier of cargo is properly distributed and (1) Require the person to furnish an passengers (nonbusiness). application for employment in adequately secured as specified in accordance with § 391.21; The following rules in this part do not §§ 393.100—393.106 of this subchapter; (2) Make the investigations and apply to a private motor carrier of (2) The commercial motor vehicle’s inquiries specified in § 391.23 with passengers (nonbusiness) and its tailgate, tailboard, doors, tarpaulins, its respect to that person; drivers: spare tire and other equipment used in (3) Perform the annual driving record (a) Section 391.21 (relating to its operation, and the means of fastening inquiry required by § 391.25(a); or application for employment); the commercial motor vehicle’s cargo (4) Perform the annual review of the (b) Subpart C (relating to disclosure are secured; and person’s driving record required by of, investigation into, and inquiries (3) The commercial motor vehicle’s § 391.25(b). about the background, character, and cargo or any other object does not (b) Before a motor carrier permits a driving record of, drivers); obscure the driver’s view ahead or to the multiple-employer driver to drive a (c) So much of §§ 391.41 and 391.45 right or left sides, interfere with the free commercial motor vehicle, the motor require a driver to be medically movement of his arms or legs, prevent carrier must obtain his/her name, his/ examined and to have a medical his free and ready access to accessories her social security number, and the examiner’s certificate on his/her person; required for emergencies, or prevent the identification number, type and issuing (d) Subpart F (relating to maintenance free and ready exit of any person from State of his/her commercial motor of files and records); and the commercial motor vehicle’s cab or vehicle operator’s license. The motor (e) Subpart H (relating to controlled driver’s compartment. carrier must maintain this information substances testing). (b) Buses. No person shall drive a bus for three years after employment of the 22. Section 391.69 is revised to read and a motor carrier shall not require or multiple-employer driver ceases. as follows: permit a person to drive a bus unless the 19. Section 391.65 is amended by § 391.69 Private motor carrier of baggage, freight, or express on the bus revising paragraphs (b) and (c) to read passengers (business). is stowed and secured in a manner which assures— as follows: The provisions of § 391.21 (relating to (1) Unrestricted freedom of movement applications for employment) and § 391.65 Drivers furnished by other motor to the driver and his proper operation of carriers. § 391.23 (relating to investigations and the bus; inquiries) do not apply to a driver who * * * * * (2) Unobstructed access to all exits by was a single-employer driver (as defined (b) A motor carrier that obtains a any occupant of the bus; and in § 390.5 of this subchapter) of a certificate in accordance with paragraph (3) Protection of occupants of the bus private motor carrier of passengers (a)(2) of this section shall: against injury resulting from the falling (business) as of July 1, 1994, so long as (1) Contact the motor carrier which or displacement of articles transported the driver continues to be a single- certified the driver’s qualifications in the bus. under this section to verify the validity employer driver of that motor carrier. § 392.9b [Removed and Reserved] of the certificate. This contact may be § 391.71 [Removed and Reserved] made in person, by telephone, or by 29. Section 392.9b, Hearing aid to be letter. 23. Section 391.71 is removed and worn, is removed and reserved. (2) Retain a copy of that certificate in reserved. 30. Section 392.10, Railroad grade its files for 3 years. § 391.73 [Removed and Reserved] crossings; stopping required, is (c) A motor carrier which certifies a 24. Section 391.73 is removed and amended by revising paragraph (b) to driver’s qualifications under this section reserved. read as follows: shall be responsible for the accuracy of the certificate. The certificate is no § 392.10 Railroad grade crossings; PART 392ÐDRIVING OF MOTOR stopping required. longer valid if the driver leaves the VEHICLES employment of the motor carrier which * * * * * issued the certificate or is no longer 25. The authority citation for part 392 (b) A stop need not be made at: qualified under the rules in this part. continues to read as follows: (1) A railroad grade crossing with an active warning device. For the purposes 20. Section 391.67 is revised to read Authority: 49 U.S.C. 31136 and 31502; and as follows: 49 CFR 1.48. of this section, an active warning device includes a functioning highway traffic § 391.67 Farm vehicle drivers of § 392.7 [Removed and Reserved] signal, gate, or a device that uses sound articulated commercial motor vehicles. 26. Section 392.7, Equipment, or light(s) to warn drivers of an The following rules in this part do not inspection and use, is removed and approaching train; apply to a farm vehicle driver (as reserved. (2) A railroad grade crossing when a defined in § 390.5) who is 18 years of police officer or crossing flagman directs age or older and who drives an § 392.8 [Removed and Reserved] traffic to proceed; articulated commercial motor vehicle: 27. Section 392.8, Emergency (3) A streetcar crossing, or railroad (a) Section 391.11(b)(1) (relating to equipment, inspection, and use, is tracks used exclusively for industrial age); removed and reserved. switching purposes, within a business (b) Subpart C (relating to disclosure 28. Section 392.9 is revised to read as district as defined in § 390.5 of this of, investigation into, and inquiries follows: chapter; Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules 3869

(4) An abandoned railroad grade § 392.25 [Removed and Reserved] (4) All time, other than driving time, crossing which is marked with a sign 36. Section 392.25, Emergency in or upon any commercial motor indicating that the rail line is signals; dangerous cargoes, is removed vehicle except time spent resting in a abandoned; and reserved. sleeper berth; (5) An industrial or spur line railroad (5) All time loading or unloading a § 392.42 [Removed and Reserved] grade crossing marked with a sign commercial motor vehicle, supervising, reading ‘‘Exempt.’’ Such ‘‘Exempt’’ 37. Section 392.42, Notification of or assisting in the loading or unloading, signs shall be erected only by or with license revocation, is removed and attending a commercial motor vehicle the consent of the appropriate State or reserved. being loaded or unloaded, remaining in local authority. § 392.51 [Removed and Reserved] readiness to operate the commercial motor vehicle, or in giving or receiving § 392.13 [Removed and Reserved] 38. Section 392.51, Reserve fuel, is removed and reserved. receipts for shipments loaded or 31. Section 392.13, Drawbridges; unloaded; slowing down of commercial motor § 392.52 [Removed and Reserved] (6) All time repairing, obtaining vehicles, is removed and reserved. 39. Section 392.52, Buses; fueling, is assistance, or remaining in attendance removed and reserved. upon a disabled commercial motor § 392.14 [Removed and Reserved] 40. Section 392.62 is added to read as vehicle; 32. Section 392.14, Hazardous follows: (7) All time spent providing a breath conditions; extreme caution, is removed sample or urine specimen, including and reserved. § 392.62 Driving of buses, standee line or travel time to and from the collection bar. site, in order to comply with the § 392.15 [Removed and Reserved] No person shall drive a bus and a random, reasonable suspicion, post- 33. Section 392.15, Required and motor carrier shall not require or permit crash, or follow-up testing required by prohibited use of turn signals, is a person to drive a bus unless all part 382 or part 391, subpart H, of this removed and reserved. standees on the bus are rearward of the subchapter, whichever is applicable, standee line or other means prescribed when directed by a motor carrier; § 392.20 [Removed and Reserved] in § 393.90 of this subchapter. (8) Performing any other work in the 34. Section 392.20, Unattended § 392.68 [Removed and Reserved] capacity of, or in the employ or service commercial motor vehicles; precautions, of, a motor carrier; and 41. Section 392.68, Motive power not is removed and reserved. (9) Performing any compensated work to be disengaged, is removed and for person who is not a motor carrier. 35. Section 392.22 is amended by reserved. revising paragraph (b)(1) to read as * * * * * follows: PART 395ÐHOURS OF SERVICE OF 45. Section 395.8 is amended by DRIVERS revising paragraph (k)(1) to read as § 392.22 Emergency signals; stopped follows: commercial motor vehicles. 42. The authority citation for part 395 * * * * * continues to read as follows: § 395.8 Driver's record of duty status. (b) Placement of warning devices— Authority: 49 U.S.C. 31133, 31136, and * * * * * (1) General rule. Except as provided 31502; sec. 345, Pub.L. 104–59, 109 Stat. 568, (k) Retention of driver’s record of duty in paragraph (b)(2) of this section, 613; and 49 CFR 1.48. status. (1) Each motor carrier shall maintain records of duty status and all whenever a commercial motor vehicle is § 395.1 [Amended] stopped upon the traveled portion or the supporting documents for each driver it 43. Section 395.1 is amended by shoulder of a highway for any cause employs for a period of six months from removing paragraph (g) and other than necessary traffic stops, the the date of receipt. redesignating paragraphs (h) through (k) driver shall as soon as possible, but in * * * * * to read as (g) through (j), respectively. any event within 10 minutes, place the warning devices required by § 393.95 of § 395.2 [Amended] PART 396ÐINSPECTION, REPAIR, this subchapter, in the following 44. In § 395.2, the definition of on AND MAINTENANCE manner: duty time is revised to read as follows: 46. The authority citation for part 396 (i) One on the traffic side of and continues to read as follows: approximately 3 meters (10 feet or 4 § 395.2 Definitions. paces) from the stopped commercial * * * * * Authority: 49 U.S.C. 31133, 31136, and 31502; and 49 CFR 1.48. motor vehicle in the direction of On duty time means all time from the approaching traffic; time a driver begins to work or is 47. Section 396.11 is amended by (ii) One at approximately 30 meters required to be in readiness to work until revising paragraphs (b), (c), and (d) to (100 feet or 40 paces) from the stopped the time he/she is relieved from work read as follows: and all responsibility for performing commercial motor vehicle in the center § 396.11 Driver vehicle inspection of the traffic lane or shoulder occupied work. On duty time shall include: (1) All time at a plant, terminal, report(s). by the commercial motor vehicle and in facility, or other property of a motor * * * * * the direction of approaching traffic; and carrier or shipper, or on any public (b) Report content. The report shall (iii) One at approximately 30 meters property, waiting to be dispatched, identify the vehicle and list any defect (100 feet or 40 paces) from the stopped unless the driver has been relieved from or deficiency discovered by or reported commercial motor vehicle in the center duty by the motor carrier; to the driver which would affect the of the traffic lane or shoulder occupied (2) All time inspecting, servicing, or safety of operation of the vehicle or by the commercial motor vehicle and in conditioning any commercial motor result in its mechanical breakdown. If the direction away from approaching vehicle at any time; no defect or deficiency is discovered by traffic. (3) All driving time as defined in the or reported to the driver, the report shall * * * * * term driving time; so indicate. In all instances, the driver 3870 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Proposed Rules shall sign the report. On two-driver (2) Every motor carrier shall maintain PART 397ÐTRANSPORTATION OF operations, only one driver needs to the driver vehicle inspection report and HAZARDOUS MATERIALS; DRIVING sign the driver vehicle inspection the certification of repairs for three AND PARKING RULES report, provided both drivers agree as to months from the date the written report 49. The authority citation for part 397 the defects or deficiencies identified. If was prepared. continues to read as follows: a driver operates more than one vehicle (d) Exceptions. The rules in this Authority: 49 U.S.C. 322; 49 CFR 1.48. during the day, a report shall be section shall not apply to a private prepared for each vehicle operated. Subpart A also issued under 49 U.S.C. 31136, motor carrier of passengers 31502. Subparts C, D, and E also issued (c) Corrective action. Prior to (nonbusiness), a driveaway-towaway under 49 U.S.C. 5112, 5125. requiring or permitting a driver to operation, or any motor carrier 50. Section 397.19 is amended by operate a vehicle, every motor carrier or operating only one commercial motor revising paragraph (b) to read as follows: its agent shall repair any defect or vehicle. deficiency listed on the driver vehicle 48. Section 396.13 is amended by § 397.19 Instructions and documents. inspection report which would be likely revising paragraph (b) to read as follows: * * * * * to affect the safety of operation of the (b) A driver who receives documents vehicle. § 396.13 Driver inspection. in accordance with paragraph (a) of this (1) Every motor carrier or its agent * * * * * section must sign a receipt for them. shall certify on a driver vehicle (b) Review the last driver vehicle The motor carrier shall maintain the receipt for a period of one year from the inspection report which lists any defect inspection report; and date of signature. or deficiency that the defect or * * * * * deficiency has been repaired or that * * * * * repair is unnecessary before the vehicle [FR Doc. 97–1501 Filed 1–24–97; 8:45 am] is operated again. BILLING CODE 4910±22-P 3871

Notices Federal Register Vol. 62, No. 17

Monday, January 27, 1997

This section of the FEDERAL REGISTER The meeting will be conducted information about the physical contains documents other than rules or pursuant to the provisions of the rules movement of merchandise between the proposed rules that are applicable to the and regulations of the Commission. United States and foreign countries. It public. Notices of hearings and investigations, Dated at Washington, DC, January 21, 1997. includes value for current month and committee meetings, agency decisions and cumulative year-to-date by SITC rulings, delegations of authority, filing of Carol-Lee Hurley, (standard international trade petitions and applications and agency Chief, Regional Programs Coordination Unit. classification) code by commodity statements of organization and functions are [FR Doc. 97–1844 Filed 1–24–97; 8:45 am] examples of documents appearing in this groupings. The annual edition includes section. BILLING CODE 6335±01±P corrections to previously published data. Information previously available in DEPARTMENT OF COMMERCE COMMISSION ON CIVIL RIGHTS this series will be accessible on the day Bureau of the Census of release through the Census Bureau’s Amendment to Notice of Public INTERNET site. Information for U.S. 1- Meeting of the Virginia Advisory [Docket No. 970113005±7005±01] digit and 2-digit commodity levels and Committee RIN 0607±XX26 information by country at the 1-digit commodity level will be available for Notice is hereby given, pursuant to Change in Report Series From Print current month and year-to-date. Access the provisions of the rules and Publication To INTERNET Access to an on-line data base with additional regulations of the U.S. Commission on detailed information will be available AGENCY: Civil Rights, that a meeting of the Bureau of the Census, on a subscription basis. Virginia Advisory Committee to the Commerce. For additional information, please ACTION: Notice of publication program Commission published in the Federal contact Haydn Mearkle, Assistant Chief, change. Register on December 27, 1997, FR Doc Foreign Trade Division, U.S. Census 96–33018, vol. 61, FR 68224–68225, has SUMMARY: This document will serve as Bureau, Washington, DC 20233, been canceled for Thursday, January 30, notice to users of Report Series FT925, telephone: 301–457–2246. 1997, and Friday, January 31, 1997. The U.S. MERCHANDISE TRADE: Dated: January 10, 1997. new meeting dates are Thursday, March EXPORTS, GENERAL IMPORTS AND 6, 1997 at the Hampton City Council Martha Farnsworth Riche, IMPORTS FOR CONSUMPTION, SITC Director, Bureau of the Census. Chambers, 22 Lincoln Street, Hampton, REVISION 3, COMMODITY BY [FR Doc. 97–1881 Filed 1–24–97; 8:45 am] Virginia 23669, and Friday, March 7, COUNTRY, that the Census Bureau will 1997, at the Newport News City Council cease printed publication of this report BILLING CODE 3510±07±P Chambers, 2400 Washington Avenue, with the December 1996 edition. Newport News, Virginia 23607, Information previously available in this convening at 9:30 a.m. and adjourning Economic Development series, as well as additional data, will be Administration at 7:00 p.m. on both days. This notice available on the INTERNET at http:// is change of dates only. www.census.gov. Notice of Petitions by Producing Firms Persons desiring additional EFFECTIVE DATE: March 1, 1997. for Determination of Eligibility To information, or planning a presentation FOR FURTHER INFORMATION CONTACT: Apply for Trade Adjustment to the Committee, should contact Ki- Haydn Mearkle, Assistant Chief, Foreign Assistance Taek Chun, Director of the Eastern Trade Division, U.S. Census Bureau, Regional Office, 202–376–7533 (TDD Washington, DC 20233, telephone: 301– AGENCY: Economic Development 202–376–8116). Hearing-impaired 457–2246. Administration (EDA), Commerce. persons who will attend the meeting SUPPLEMENTARY INFORMATION: The ACTION: To give firms an opportunity to and require the services of a sign FT925, U.S. MERCHANDISE TRADE: comment. language interpreter should contact the EXPORTS, GENERAL IMPORTS AND Regional Office at least five (5) working IMPORTS FOR CONSUMPTION, SITC Petitions have been accepted for filing days before the scheduled date of the REVISION 3, COMMODITY BY on the dates indicated from the firms meeting. COUNTRY, provides monthly statistical listed below.

LIST OF PETITION ACTION BY TRADE ADJUSTMENT ASSISTANCE FOR PERIOD 11/22/96±01/10/97

Date Firm Name Address petition Product accepted

Inola Casting Works, Inc ...... P.O. Box 969, Inola, OK 74036 ...... 11/22/96 Costume jewelryÐnecklaces and brace- lets. Armel Electronics, Inc ...... 1601 75th Street, North Bergen, NJ 11/25/96 Printed circuit connectors. 07047. C & C Metal Products Corporation ...... 456 Nordhoff Place, Englewood, NJ 11/27/96 Jewelry and related findingsÐbuttons, 07631. studs and industrial equipment. 3872 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

LIST OF PETITION ACTION BY TRADE ADJUSTMENT ASSISTANCE FOR PERIOD 11/22/96±01/10/97ÐContinued

Date Firm Name Address petition Product accepted

Gulf Valve Company ...... 6511 Winfree, Houston, TX 77087 ...... 12/04/96 Check Valves. Manhattan Lace, Inc ...... 471 Victoria Terrace Ridgefield, NJ 12/06/96 Venice Lace and Schiffli Embroidery. 07657. Howard Creations, Inc ...... 36±31 33rd Street, Long Island, NY 12/09/96 Cummerbunds, bow ties and vests. 11106. SYNCO Chemical Corporation ...... 24 Davinci Drive, Bohemia, NY 11716 .... 12/09/96 Synthetic Lubricant. Submersible Pumps, Inc ...... 1800 South Little, Cushing, OK 74023 .... 12/10/96 Submersible centrifugal pumps. Unliens Corporation, Inc ...... 10431 72nd Street, North Largo, FL 12/11/96 Contact lenses. 34647. Talema Electronic, Inc ...... # 3 Industrial Park Drive, St. James, MO 12/13/96 Transformers. 65559. Bohning Company, Ltd ...... 7361 North 7 Mile Road, Lake City, MI 12/23/96 Adhesives, paints and archery supplies 49651. and miscellaneous injection molded products. Sewline Products, Inc ...... 30 South Railroad Street, New London, 12/18/96 Infant/child car seats, pads, cushions and OH 44851. hoods and other custom items. Innovative Headware, Inc ...... 507 Spitj G Street, Lake Worth, FL 33460 12/26/96 Hats. Advanced Machining Techniques ...... 164 Martinvale Lane, San Jose, CA 9519 12/26/96 Parts for automotive and medical indus- tries and adp disk drives. ALPHA Sintered Metals, Inc ...... Rt. 1, Box 43D, Montmorenci Road, 12/30/96 Parts for automobiles, lawn and garden Ridgeway, PA 15853. equipment and power tools and equip- ment. Brum-Do Magnetics Corporation ...... 150 Binfield Street, Elkhorn, NE 68022 ... 12/30/96 Glide/burnished heads used in the quality testing of hard disks refurbished arms and headstacks. W.R. Western, Inc ...... 7712 Melrose Lane, Oklahoma City, OK 1/03/97 Tack and livery equipment. 73127. Sher Woven Label Co., Inc ...... 62 West 38th Street, New York, NY 01/07/97 Woven labels for apparel identification. 10018. Hathaway Shirt Co., Inc ...... 10 Water Street, Waterville, ME 04901 ... 01/08/97 Men's dress and casual shirts. Atlas Container Corporation ...... 8140 Telegraph Road, Odenton, MD 01/10/97 Corrugated cardboard packaging mate- 21113. rials.

The petitions were submitted Dated: January 16, 1997. Institute of Standards and Technology, pursuant to Section 251 of the Trade Act Lewis R. Podolske, Industrial Partnerships Program, of 1974 (19 U.S.C. 2341). Consequently, Director, Trade Adjustment Assistance Building 820, Room 213, Gaithersburg, the United States Department of Division. MD 20899; Fax 301–869–2751. Any Commerce has initiated separate [FR Doc. 97–1814 Filed 1–24–97; 8:45 am] request for information should include investigations to determine whether BILLING CODE 3510±24±M the NIST Docket No. and Title for the increased imports into the United States relevant invention as indicated below. of articles like or directly competitive SUPPLEMENTARY INFORMATION: NIST may with those produced by each firm National Institute of Standards and enter into a Cooperative Research and contributed importantly to total or Technology Development Agreement (‘‘CRADA’’) partial separation of the firm’s workers, with the licensee to perform further Government Owned Inventions research on the invention for purposes or threat thereof, and to a decrease in Available for Licensing sales or production of each petitioning of commercialization. The inventions firm. AGENCY: National Institute of Standards available for licensing are: Any party having a substantial and Technology, Commerce. NIST Docket Number: 95–024. interest in the proceedings may request ACTION: Notice of Government Owned Abstract: The device allows the utilization of existing chromatography a public hearing on the matter. A Inventions Available for Licensing. equipment for electrochromatography. request for a hearing must be received SUMMARY: The inventions listed below NIST Docket Number: 95–025. by the Trade Adjustment Assistance are owned by the U.S. Government, as Division, Room 7023, Economic Abstract: The invention describes a represented by the Department of process to purify nucleic acids and Development Administration, U.S. Commerce, and are available for Department of Commerce, Washington, viruses using the application of an licensing in accordance with 35 U.S.C. electrical field to a porous media. DC 20230, no later than the close of 207 and 37 CFR Part 404 to achieve Nucleic acids and viruses can be business of the tenth calendar day expeditious commercialization of concentrated from solution and purified following the publication of this notice. results of federally funded research and from other components in mixtures. The The Catalog of Federal Domestic development. invention also describes methods to Assistance official program number and FOR FURTHER INFORMATION CONTACT: separate individual nucleic acid title of the program under which these Technical and licensing information on molecules based on their mass and petitions are submitted is 11.313, Trade these inventions may be obtained by physical form. The variables of the Adjustment Assistance. writing to: Marcia Salkeld, National separation include: flow rate, electrical Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3873 field strength, electrical field polarity, Species Division (PR3), National Marine Washington, Idaho and Alaska; over and the chemical and physical nature of Fisheries Service, 1315 East-West thirty Native American tribal the porous media. These variables can Highway, Silver Spring, MD 20910. jurisdictions; Pacific Fisheries be changed to give selective separations. See SUPPLEMENTARY INFORMATION for Management Council; North Pacific NIST Docket Number: 95–031. meeting locations and special Fisheries Management Council; and the Abstract: This acoustic microscope accommodations. Pacific Salmon Commission. analyzes the properties of a solid using FOR FURTHER INFORMATION CONTACT: In September of 1996 the Ninth an ultrasonic transducer having a Joseph R. Blum (301) 713–1401. Circuit Court of Appeals ruled in Ramsey v. Kantor that certain Federal curved piezoelectric element, mounted SUPPLEMENTARY INFORMATION: Since actions in managing or ruling on some in a curved insulating material, that 1989 Sacramento River winter run Columbia River and Alaskan salmon generates and receives coherent, short- chinook salmon; since 1991 Snake River fisheries constitute major Federal action duration ultrasonic pulses through its sockeye salmon; since 1992 Snake River for purposes of the National coupling fluid. The received echo spring/summer chinook salmon and Environmental Policy Act (NEPA). The waveforms are recorded and compared Snake River fall chinook salmon; and Court concluded that under NEPA, with reference samples or known theory since 1996 Umpqua River cutthroat NMFS was required to prepare an EA and computer simulations. trout (Oncorhynchus clarki clarki) and and possibly an EIS. Dated: January 16, 1997. central California coastal coho salmon As a result of this ruling, and because Elaine Bunten-Mines, (Oncorhynchus kisutch) have been of the complex management regimes Director, Program Office. listed as either threatened or governing Pacific salmon fisheries, [FR Doc. 97–1812 Filed 1–24–97; 8:45 am] endangered under the ESA. The several NMFS has determined that an EIS that populations of chinook salmon are all BILLING CODE 3510±13±M covers all the salmon fisheries affecting distinct population segments of both the listed and proposed salmonids Oncorhynchus tshawytscha and the is the most appropriate means to National Oceanic and Atmospheric Snake River sockeye salmon is a distinct provide full analysis and consideration Administration population segment of Oncorhynchus of the environmental effects of these nerka. Annually the Pacific Fisheries [I.D. 011597A] fisheries. Since the EIS is not expected Management Council and the North to be completed by the time the 1997 Pacific Fisheries Management Council Pacific Salmon Fisheries off the fisheries are conducted, NMFS will have recommended, and NMFS has Coasts of California, Oregon, prepare EAs on the 1997 Columbia approved, salmon fisheries for the West Washington, Alaska and in the River and Alaska salmon fisheries. Coast and Alaska. As a part of that Columbia River Basin Because of the timing of the Columbia process, NMFS has prepared biological River fisheries and the urgency to AGENCY: National Marine Fisheries opinions and issued incidental take prepare an EA, the Columbia River Service (NMFS), National Oceanic and statements for these fisheries, in salmon fisheries will be treated in two Atmospheric Administration (NOAA), compliance with section 7 of the ESA. EAs, based on season of fishing and Commerce. NMFS is proposing to list 2 additional listed species affected. The West Coast ACTION: Notice of intent; scoping Evolutionarily Significant Units (ESUs) salmon fisheries are managed under a meetings; request for comments. of West Coast coho (Oncorhynchus fishery management plan that was kisutch), the central Oregon ESU and adopted in 1984, in consideration of an SUMMARY: NMFS announces its the Southern Oregon/Northern EIS. A West Coast salmon fisheries EA intention to prepare an environmental California ESU and 10 ESUs of West will be prepared in 1997 in the normal impact statement (EIS) on ocean and in- Coast steelhead (Oncorhynchus mykiss). course of Pacific Fisheries Management river fisheries that may result in the The salmon fisheries EIS will include Council management. incidental take of Pacific salmonids discussions of impacts of each Given the complex but interwoven either currently listed or proposed for alternative for each of those ESUs. nature of West Coast, Alaskan and listing under the Endangered Species The listed salmon and salmon Columbia River salmon management, Act (ESA). proposed to be listed are born in the NMFS will develop an EIS with each NMFS will also prepare four tributaries of the Sacramento and Snake major geographic fishery constituting a environmental assessments (EAs) for the Rivers as well as the coastal rivers of part of the EIS. There will be separate 1997 salmon fisheries. central and northern California and West Coast, Alaskan and Columbia NMFS will hold scoping meetings to southern and central Oregon. They River parts in which the full range of provide for public input into the range travel down river to the Pacific Ocean appropriate management alternatives of actions, alternatives, and impacts that before returning 2 to 6 years later to will be discussed. In addition to the the EIS should consider. In addition to their natal streams to spawn. mandated No Action Alternative (no holding the scoping meetings, NMFS is During their journey down and up fishery authorized, no ESA consultation accepting written comments on the these rivers and through the ocean they conducted, or no ESA incidental take range of actions, alternatives, and travel along thousands of miles of permit issued) each part will include at impacts it should be considering for this waterways, around or over numerous least the following alternatives: EIS and on the scope of the EAs. hydroelectric and agricultural diversion Selective fisheries using contemporary DATES: Written comments will be dams, past thousands of acres of private methods, in which listed species will be accepted through February 28, 1997. See and public lands and across at least two avoided; selective fisheries using SUPPLEMENTARY INFORMATION for meeting international boundaries and up to five historic methods and means, such as times and special accommodations. state boundaries and come under a vast fish traps or fish wheels; and current ADDRESSES: Written comments and array of agencies and legal regimes. The line and/or net fisheries. NMFS is requests to be included on a mailing list following is a partial list of agencies, seeking suggested additional of persons interested in the EIS should bodies and governments that manage alternatives from the public through the be sent to Joseph R. Blum, Office of Pacific salmon: U.S. Department of scoping process and written responses Protected Resources, Endangered Commerce; States of California, Oregon, to this notice. 3874 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

The scoping meetings for Portland, ADDRESSES: Interested persons should DEPARTMENT OF DEFENSE Boise, Seattle and Santa Rosa will be submit their views and comments to held at the following times and Jean A. Webb, Secretary, Commodity Office of the Secretary locations: Futures Trading Commission, Three Meeting of the DOD Advisory Group on Portland, OR—February 3, 1997, 6–9 Lafayette Centre, 21st Street, NW., Electron Devices p.m., Federal Complex Auditorium, 911 Washington, DC 20581. In addition, NE. 11th Avenue, Portland, OR comments may be sent by facsimile AGENCY: Department of Defense, Boise, ID—February 4, 1997, 6–9 p.m., transmission to facsimile number (202) Advisory Group on Electron Devices. Interagency Fire Center Auditorium, 418–5521, or by electronic mail to ACTION: 3905 Vista Avenue, Boise, ID Notice. [email protected]. Reference should be Seattle, WA—February 5, 1997, 6–9 SUMMARY: The DoD Advisory Group on p.m., Building 9, A&B Seminar Rooms, made to the CME South African Rand futures and option contracts. Electron Devices (AGED) announces a NMFS, Northwest Regional Office, 7600 closed session meeting. Sand Point Way NE, Seattle, WA FOR FURTHER INFORMATION CONTACT: DATES: The meeting will be held at Santa Rosa, CA—February 18, 1997, 0900, Tuesday, 4 February 1997. 7–10 p.m., Doubletree Hotel, 3555 Please contact Stephen Sherrod of the Round Barn Blvd., Santa Rosa, CA Division of Economic Analysis, ADDRESSES: The meeting will be held at Commodity Futures Trading Palisades Institute for Research Special Accommodations Commission, Three Lafayette Centre, Services, 1745 Jefferson Davis Highway, Requests for sign language 21st Street NW., Washington, DC 20581, Suite 500, Arlington, VA 22202. interpretation or other auxiliary aids telephone 202–418–5277. Facsimile FOR FURTHER INFORMATION CONTACT: should be directed (for California) to number: (202) 418–5527. Electronic Mr. Eliot Cohen, AGED Secretariat, 1745 Rod McInnis (310) 980-4040 or (for all mail: [email protected] Jefferson Davis Highway, Crystal Square other meetings) to Robert Bayley (503) Four, Suite 500, Arlington, Virginia SUPPLEMENTARY INFORMATION: Copies of 230-5432 at least 5 days before the 22202. the terms and conditions will be meeting dates. SUPPLEMENTARY INFORMATION: The available for inspection at the Office of mission of the Advisory Group is to Authority: 16 U.S.C. 1801 et. seq.; 42 the Secretariat, Commodity Futures provide advice to the Under Secretary of U.S.C. 4321 et. seq. Trading Commission, Three Lafayette Dated: January 22, 1997. Defense for Acquisition and Centre, 21st Street NW., Washington, Technology, to the Director of Defense George H. Darcy, DC 20581. Copies of the terms and Research and Engineering (DDR&E), and Acting Director, Office of Sustainable conditions can be obtained through the through the DDR&E to the Director, Fisheries, National Marine Fisheries Service. Office of the Secretariat by mail at the Defense Advanced Research Projects [FR Doc. 97–1894 Filed 1–24–97; 8:45 am] above address or by phone at (202) 418– Agency and the Military Departments in BILLING CODE 3510±22±F 5100. planning and managing an effective and Other materials submitted by the CME economical research and development in support of the applications for program in the area of electron devices. COMMODITY FUTURES TRADING contract market designation may be The AGED meeting will be limited to COMMISSION available upon request pursuant to the review of research and development programs which the Military Applications of the Chicago Mercantile Freedom of Information Act (5 U.S.C. Departments propose to initiate with Exchange for Designation as a 552) and the Commission’s regulations industry, universities or in their Contract Market in Futures and thereunder (17 CFR Part 145 (1987)), laboratories. The agenda for this Options on South African Rand except to the extent they are entitled to confidential treatment as set forth in 17 meeting will include programs on AGENCY: Commodity Futures Trading CFR 145.5 and 145.9. Requests for Radiation Hardened Devices, Commission. copies of such materials should be made Microwave Tubes, Displays and Lasers. ACTION: Notice of availability of the to the FOI, Privacy and Sunshine Act The review will include details of terms and conditions of proposed Compliance Staff of the Office of the classified defense programs throughout. commodity futures and option Secretariat at the Commission’s In accordance with Section 10(d) of contracts. headquarters in accordance with 17 CFR Pub. L. No. 92–463, as amended (5 U.S.C. App. 10(d) (1994)), it has been 145.7 and 145.8. SUMMARY: The Chicago Mercantile determined that this Advisory Group Exchange (CME or Exchange) has Any person interested in submitting meeting concerns matters listed in 5 applied for designation as a contract written data, views, or arguments on the U.S.C. 552b(c)(1) (1994), and that market in futures and options on South proposed terms and conditions, or with accordingly, this meeting will be closed African Rand. respect to other materials submitted by to the public. The Acting Director of the Division of the CME, should send such comments Dated: January 21, 1997. Economic Analysis (Division) of the to Jean A. Webb, Secretary, Commodity L.M. Bynum, Commission, acting pursuant to the Futures Trading Commission, Three authority delegated by Commission Lafayette Centre, 21st Street, NW., Alternate, OSD Federal Register Liaison Officer, Department of Defense. Regulation 140.96, has determined that Washington, DC 20581 by the specified publication of the proposals for date. [FR Doc. 97–1804 Filed 1–24–97; 8:45 am] comment is in the public interest, will BILLING CODE 5000±04±M Issued in Washington, DC, on January 21, assist the Commission in considering 1997. the views of interested persons, and is consistent with the purposes of the Blake Imel, Meeting of the DOD Advisory Group on Commodity Exchange Act. Acting Director. Electron Devices DATES: Comments must be received on [FR Doc. 97–1896 Filed 1–24–97; 8:45 am] AGENCY: Department of Defense, or before February 26, 1997. BILLING CODE 6351±01±M Advisory Group on Electron Devices. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3875

ACTION: Notice. Group on Electron Devices (AGED) Services, 1745 Jefferson Davis Highway, announces a closed session meeting. Suite 500, Arlington, VA 22202. SUMMARY: Working Group A (Microwave DATES: The meeting will be held at FOR FURTHER INFORMATION CONTACT: Devices) of the DoD Advisory Group on 0900, Thursday, 6 February 1997. Electron Devices (AGED) announces a Elise Rabin, AGED Secretariat, 1745 closed session meeting. ADDRESSES: The meeting will be held at Jefferson Davis Highway, Crystal Square Palisades Institute for Research Four, Suite 500, Arlington, Virginia DATES: The meeting will be held at Services, 1745 Jefferson Davis Highway, 22202. 0900, Wednesday, February 5, 1997. Suite 500, Arlington, VA 22202. SUPPLEMENTARY INFORMATION: The ADDRESSES: The meeting will be held at FOR FURTHER INFORMATION CONTACT: mission of the Advisory Group is to Palisades Institute for Research Walter Gelnovatch, AGED Secretariat, provide advice to the Under Secretary of Services, 1745 Jefferson Davis Highway, 1745 Jefferson Davis Highway, Crystal Defense for Acquisition and Suite 500, Arlington, VA 22202. Square Four, Suite 500, Arlington, Technology, to the Director of Defense FOR FURTHER INFORMATION CONTACT: Virginia 22202. Research and Engineering (DDR&E), and Walter Gelnovatch, AGED Secretariat, SUPPLEMENTARY INFORMATION: through the DDR&E to the Director, 1745 Jefferson Davis Highway, Crystal The Defense Advanced Research Projects Square Four, Suite 500, Arlington, mission of the Advisory Group is to Agency and the Military Departments in Virginia 22202. provide advice to the Under Secretary of Defense for Acquisition and planning and managing an effective and SUPPLEMENTARY INFORMATION: The Technology, to the Director Defense economical research and development mission of the Advisory Group is to Research and Engineering (DDR&E), and program in the area of electron devices. provide advice to the Under Secretary of through the DDR&E, to the Director The Working Group C meeting will be Defense for Acquisition and Defense Advanced Research Projects limited to review of research and Technology, to the Director of Defense Agency and the Military Departments in development programs which the Research and Engineering (DDR&E), and planning and managing an effective Military Departments propose to initiate through the DDR&E to the Director, research and development program in with industry, universities or in their Defense Advanced Research Projects the field of electron devices. laboratories. This opto-electronic device Agency (ARPA) and the Military The Working Group B meeting will be area includes such programs as imaging Departments in planning and managing limited to review of research and device, infrared detectors and lasers. an effective and economical research development programs which the The review will include details of and development program in the area of military proposes to initiate with classified defense programs throughout. electron devices. The Working Group A meeting will be industry, universities or in their In accordance with Section 10(d) of limited to review of research and laboratories. The microelectronics area Pub. L. No. 92–463, as amended, (5 development programs which the includes such programs on U.S.C. App. § 10(d) (1994)), it has been Military Departments propose to initiate semiconductor materials, integrated determined that this Advisory Group with industry, universities or in their circuits, charge coupled devices and meeting concerns matters listed in 5 laboratories. This microwave device memories. The review will include U.S.C. § 552b(c)(1) (1994), and that area includes programs on classified program details throughout. accordingly, this meeting will be closed developments and research related to In accordance with Section 10(d) of to the public. microwave tubes, solid state microwave Pub. L. No. 92–463, as amended, (5 Dated: January 21, 1997. U.S.C. App. § 10(d) (1994)), it has been devices, electronic warfare devices, L.M. Bynum, millimeter wave devices, and passive determined that this Advisory Group meeting concerns matters listed in 5 Alternate OSD Federal Register Liaison devices. The review will include details Officer, Department of Defense. of classified defense programs U.S.C. 552b(c)(1) (1994), and that accordingly, this meeting will be closed [FR Doc. 97–1807 Filed 1–24–97; 8:45 am] throughout. BILLING CODE 5000±04±M In accordance with Section 10(d) of to the public. Pub. L. No. 92–463, as amended, (5 Dated: January 21, 1997. U.S.C. App. § 10(d) (1994)), it has been L.M. Bynum, U.S. Strategic Command Strategic determined that this Advisory Group Alternate OSD Federal Register Liaison Advisory Group meeting concerns matters listed in 5 Officer, Department of Defense. AGENCY: Department of Defense, U.S.C. § 552b(c)(1) (1994), and that [FR Doc. 97–1806 Filed 1–24–97; 8:45 am] USSTRATCOM. accordingly, this meeting will be closed BILLING CODE 5000±04±M to the public. ACTION: Notice. Dated: January 21, 1997. SUMMARY: The Strategic Advisory Group L.M. Bynum, Meeting of the DOD Advisory Group on Electron Devices (SAG) will meet in closed session on Alternate, OSD Federal Register Liaison April 3 and 4, 1997. The mission of the Officer, Department of Defense. AGENCY: Department of Defense, SAG is to provide timely advice on [FR Doc. 97–1805 Filed 1–24–97; 8:45 am] Advisory Group on Electron Devices. scientific, technical, and policy-rated BILLING CODE 5000±04±M ACTION: Notice. issues to the Commander in Chief, U.S. Strategic Command, during the SUMMARY: Working Group C (Electro- development of the nation’s strategic Meeting of the DOD Advisory Group on Optics) of the DoD Advisory Group on warplans. At this meeting, the SAG will Electron Devices Electron Devices (AGED) announces a discuss strategic issues that relate to the closed session meeting. AGENCY: Department of Defense, development of the Single Integrated Advisory Group on Electron Devices. DATES: The meeting will be held at Operational Plan (SIOP). Full 0900, Wednesday and Thursday, 29–30 ACTION: Notice. development of the topics will require January 1997. discussion of information classified SUMMARY: Working Group B ADDRESSES: The meeting will be held at TOP SECRET in accordance with (Microelectronics) of the DoD Advisory Palisades Institute for Research Executive Order 12958, April 17, 1995. 3876 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

Access to this information must be of the past year and hear special briefing SF 86, 86A, 87, 312, and DOE Forms strictly limited to personnel having on the upcoming year’s focus. 5631.18, 5631.29, 5631.20, and 5631.21. requisite security clearances and The meeting will be closed to the In addition, records containing the specific need-to-know. Unauthorized public in accordance with Section 552b following information: disclosure of the information to be of Title 5, United States Code, (1) Security clearance request discussed at the SAG meeting could specifically subparagraphs (1) and (4) information; have exceptionally grave impact upon thereof. (2) Records of security education and national defense For further information, contact the foreign travel lectures; In accordance with section 10(d) of HQ USAF Scientific Advisory Board the Federal Advisory Committee Act, (5 Secretariat at (703) 697–8404. (3) Records of any security U.S.C. App 2), it has been determined Carolyn A. Lunsford, infractions; that this SAG meeting concerns matters Air Force Federal Register Liaison Officer. (4) Names of individuals visiting listed in 5 USC 552b(c) and that, [FR Doc. 97–1901 Filed 1–24–97; 8:45 am] DNFSB; accordingly, this meeting will be closed BILLING CODE 3910±1±M (5) Employee identification files to the public. (including photographs) maintained for Dated: January 21, 1997. access purposes. L.M. Bynun, DEFENSE NUCLEAR FACILITIES AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Alternate OSD Federal Register Liaison SAFETY BOARD Officer, Department of Defense. National Defense Authorization Act, Privacy Act; Systems of Records [FR Doc. 97–1808 Filed 1–24–97; 8:45 am] Fiscal Year 1989 (amended the Atomic BILLING CODE 5000±04±M AGENCY: Defense Nuclear Facilities Energy Act of 1954 (42 U.S.C. 2011 et Safety Board. seq.) by adding new Chapter 21— ACTION: Annual notice of systems of Defense Nuclear Facilities Safety Department of Air Force records. Board).

USAF Scientific Advisory Board SUMMARY: Each Federal agency is ROUTINE USES OF RECORDS MAINTAINED IN THE Meeting required by the Privacy Act of 1974, 5 SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: The Joint Modeling and Simulation U.S.C. 552a, to publish annually a System (JMASS) ‘‘Quick Look’’ Study in description of the systems of records it DNFSB—to determine which supporting of the HQ USAF Scientific maintains containing personal individuals should have access to Advisory Board will meet 11–12 information. In this notice the Board classified material and to be able to February 1997 at George Mason provides the required information on transfer clearances to other facilities for University, Fairfax, VA from 8:00 a.m. five previously-noticed systems of visitor control purposes. to 5:00 p.m. records. DOE—to determine eligibility for The purpose of the meeting is to FOR FURTHER INFORMATION CONTACT: security clearances. Robert M. Andersen, General Counsel, evaluate the usefulness of the JMASS as Other Federal and State agencies—to a specific tool for the Air Force B–1 Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, determine eligibility for security defensive system upgrade program and clearances. a modeling architecture for triservice Washington, DC 20004–2901, (202) 208– 6387. approaches. POLICIES AND PRACTICES FOR STORING, The meeting will be closed to the SUPPLEMENTARY INFORMATION: The Board RETRIEVING, ACCESSING, RETAINING, AND public in accordance with Section 552b currently maintains five systems of DISPOSING OF RECORDS IN THE SYSTEM: of Title 5, United States Code, records under the Privacy Act. Each STORAGE: specifically subparagraphs (1) and (4) system is described below. thereof. DNFSB±1 Paper records, magnetic disk, and For further information, contact the computer printouts. HQ USAF Scientific Advisory Board SYSTEM NAME: Secretariat at (703) 697–8404. Personnel Security Files. RETRIEVABILITY: Carolyn A. Lunsford, SECURITY CLASSIFICATION: By name, social security number, and Air Force Federal Register Liaison Officer. numeric code. Unclassified materials. [FR Doc. 97–1900 Filed 1–24–97; 8:45 am] SAFEGUARDS: BILLING CODE 3910±01±M SYSTEM LOCATION: Defense Nuclear Facilities Safety Access is limited to employees having Board, 625 Indiana Avenue, NW., a need to know. Records are stored in Department of the Air Force Washington, DC 20004–2901. locked file cabinets in a controlled access area. USAF Scientific Advisory Board CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Meeting RETENTION AND DISPOSAL: Employees and applicants for The Spring General Board Meeting of employment with DNFSB and DNFSB Records retention and disposal the HQ USAF Scientific Advisory Board contractors; consultants; other authorities are contained in the will meet 30 April–2 May 1997 at Air individuals requiring access to ‘‘General Records Schedules’’ published Education and Training Command, classified materials and facilities. by National Archives and Records Randolph AFB, TX from 8:00 a.m. to Administration, Washington, DC. 5:00 p.m. CATEGORIES OF RECORDS IN THE SYSTEM: Records within DNFSB are destroyed by The purpose of the meeting is for the Personnel security folders and shredding, burning, or burial in a members to receive feedback on studies requests for security clearances, Forms sanitary landfill, as appropriate. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3877

SYSTEM MANAGER(S) AND ADDRESS: Defense (9) Travel authorizations; RETENTION AND DISPOSAL: Nuclear Facilities Safety Board, 625 Indiana (10) Employee relocation records; Records retention and disposal Avenue, NW., Suite 700, Washington, DC (11) Name, address, social security authorities are contained in the 20004-2901. Attention: Security Management number and birth date; Officer. ‘‘General Records Schedules’’ published (12) Employee parking permits; by National Archives and Records (13) Employee public transit subsidy NOTIFICATION PROCEDURE: Administration, Washington, DC. applications and vouchers. Requests by an individual to Records within DNFSB are destroyed by determine if DNFSB–1 contains AUTHORITY FOR MAINTENANCE OF THE SYSTEM: shredding, burning, or burial in a information about him/her should be National Defense Authorization Act, sanitary landfill, as appropriate. directed to the Privacy Act Officer, Fiscal Year 1989 (amended the Atomic SYSTEM MANAGERS AND ADDRESS: Defense Nuclear Facilities Safety Board, Energy Act of 1954 (42 U.S.C. 2011 et 625 Indiana Avenue, NW., Suite 700, seq.) by adding new Chapter 21— Defense Nuclear Facilities Safety Washington, DC 20004-2901. Required Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite identifying information: Complete Board). 700, Washington, DC 20004–2901, name, social security number, and date Attention: Director of Finance and of birth. ROUTINE USES OF RECORDS MAINTAINED IN THE Administration. SYSTEM, INCLUDING CATEGORIES OF USERS AND RECORD ACCESS PROCEDURE: THE PURPOSES OF SUCH USES: NOTIFICATION PROCEDURE: Same as Notification procedure above, Treasury Department—To collect Requests by an individual to except individual must show official withheld taxes, print payroll checks, determine if DNFSB–2 contains photo identification, such as driver’s and issue savings bonds. information about him/her should be license, passport, or government Internal Revenue Service—To process directed to the Privacy Act Officer, identification before viewing records. Federal income tax. Defense Nuclear Facilities Safety Board, State and Local Governments—To CONTESTING RECORD PROCEDURE: 625 Indiana Avenue, NW, Suite 700, process state and local income tax. Washington, DC 20004–2901. Required Same as Record Access procedure. Office of Personnel Management— identifying information: Complete Retirement records and benefits. RECORD SOURCE CATEGORIES: name, social security number, and date Social Security Administration— Subject individuals, Questionnaire for of birth. Social Security records and benefits. Sensitive Positions (SF–86), agency Department of Labor—To process files, official visitor logs, contractors, RECORDS ACCESS PROCEDURE: Workmen’s Compensation claims. and DOE Personnel Security Branch. Department of Defense—Military Same as Notification procedures above, except individual must show SYSTEM EXEMPTED FROM CERTAIN PROVISIONS Retired Pay Offices—To adjust Military official photo identification, such as OF THE ACT: retirement. driver’s license, passport, or government None. Savings Institutions—To credit accounts for savings made through identification before viewing records. DNFSB±2 payroll deductions. CONTESTING RECORD PROCEDURE: Health Insurance Carriers—To process SYSTEM NAME: insurance claims. Same as Record Access procedure. Administrative and Travel Files. General Accounting Office—Audit— RECORD SOURCE CATEGORIES: SYSTEM CLASSIFICATION: To verify accuracy and legality of Subject individuals, timekeepers, Unclassified. disbursement. Veterans Administration—To evaluate official personnel records, GSA for SYSTEM LOCATION: veterans’ benefits to which the accounting and payroll, OPM for official Defense Nuclear Facilities Safety individual may be entitled. personnel records, IRS and State Board, 615 Indiana Ave., NW., States’ Departments of Employment officials for withholding and tax Washington, DC 20004–2901. Security—To determine entitlement to information, and travel agency contract. unemployment compensation or other CATEGORIES OF INDIVIDUALS COVERED BY THE state benefits. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: SYSTEM: Travel Agencies—To process travel Employees and applicants for itineraries. None. employment with DNFSB, including DNFSB±3 DNFSB contractors and consultants. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND SYSTEM NAME: CATEGORIES OF RECORDS IN THE SYSTEM: DISPOSING OF RECORDS IN THE SYSTEM: Records containing the following STORAGE: Drug Testing Program Records— DNFSB. information: Paper records, magnetic disk, and (1) Time and attendance; computer printouts. SYSTEM CLASSIFICATION: (2) Payroll actions and deduction information requests: RETRIEVABILITY: Unclassified. (3) Authorizations for overtime and By name, social security number, SYSTEM LOCATION: night differential; travel dates, relocation dates, and (4) Credit cards and telephone calling alphanumeric code. Primary System: Division of cards issued to individuals; Personnel, Defense Nuclear Facilities (5) Destination, itinerary, mode and SAFEGUARDS: Safety Board, 625 Indiana Avenue, NW, purpose of travel; Access is limited to employees having Washington, DC 20004–2901. Duplicate (6) Date(s) of travel and all expenses; a need to know. Records are stored in Systems: Duplicate systems may exist, (7) Passport number; locked file cabinets in a controlled in whole or in part, at contractor testing (8) Requests for advance of funds, and access area in accordance with Board laboratories and collection/evaluation voucher with receipts; directives and Federal guidelines. facilities. 3878 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

CATEGORIES OF INDIVIDUALS COVERED BY THE SAFEGUARDS: NOTIFICTION PROCEDURE: SYSTEM: Access to and use of these records is Requests by an individual to DNFSB employees and applicants for limited to those persons whose official determine if DNFSB–3 contains employment with the DNFSB. duties require such access, with records information about him/her should be maintained and used with the highest directed to Director of Human CATEGORIES OF RECORDS IN THE SYSTEM: regard for personal privacy. Records in Resources, Defense Nuclear Facilities These records contain information the Division of Human Resources are Safety Board, 625 Indiana Avenue, NW, regarding results of the drug testing stored in an approved security container Suite 700, Washington, DC 20004–2901. program; requests for and results of under the immediate control of the Required identifying information: initial, confirmatory and follow-up Director, Division of Human Resources, Complete name, social security number. testing, if appropriate; additional or designee. Records in laboratory/ RECORD ACCESS PROCEDURE: information supplied by DNFSB collection/evaluation facilities will be employees or employment applicants in stored under appropriate security Same as Notification procedures above, except individual must show challenge to positive test results; measures so that access is limited and official photo identification, such as information supplied by individuals controlled. concerning alleged drug abuse by Board driver license or government employees or contractors; and written RETENTION AND DISPOSAL: identification before viewing records. statements or medical evaluations of (1) Test results, whether negative or CONTESTING RECORD PROCEDURE: attending physicians and/or information positive, and other drug screening Same as Notification procedures regarding prescription or records filed in the Division of Human above. nonprescription drugs. Resources will be retained and retrieved as indicated under the Retrievability RECORD SOURCE CATEGORIES: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: category. When an individual DNFSB employees and employment (1) Executive Order 12564; September terminates employment with the applicants who have been identified for 15, 1986. DNFSB, negative test results will be drug testing, who have been tested, or (2) Section 503 of the Supplemental destroyed by shredding, or by other who have admitted abusing drugs prior Appropriations Act of 1987, Pub. L. approved disposal methods. Positive to being tested; physicians making 100–71, 101 Stat. 391, 468–471, codified test results will be maintained through statements regarding medical at 5 U.S.C. 7301 note (1987). the conclusion of any administrative or evaluations and/or authorized ROUTINE USES OF RECORDS MAINTAINED IN THE judicial proceedings, at which time they prescriptions for drugs; individuals SYSTEM, INCLUDING CATEGORIES OF USERS AND will be destroyed by shredding, or by providing information concerning THE PURPOSE OF SUCH USES: other approved disposal methods. alleged drug abuse by Board employees Information in these records may be (2) Test results, whether negative or or contractors; DNFSB contractors for used by the DNFSB management: positive, on file in contractor testing processing, including but not limited to, (1) To identify substance abusers laboratories, ordinarily will be specimen collection, laboratories for within the agency; maintained for a minimum of two years analysis, and medical evaluations; and (2) To initiate counseling and in the laboratories. Upon instructions DNFSB staff administering the drug rehabilitation programs; provided by the Division of Human testing program to ensure the (3) to take personnel actions; Resources, the results will be transferred achievement of a drug-free workplace. (4) To take personnel security actions; to the Division of Human Resources and when the contract is terminated or SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: (5) For statistical purposes. whenever an individual, previously Pursuant to 5 U.S.C. 552a(k)(5), the subjected to urinalysis by the laboratory, POLICIES AND PRACTICES FOR STORING, Board has exempted portions of this terminates employment with the RETRIEVING, ACCESSING, RETAINING, AND system of records from 5 U.S.C. DNFSB. Records received from the DISPOSING OF RECORDS IN THE SYSTEM: 552a(c)(3), (d), (e)(1), (e)(4)(C), (H), and laboratories by the Division of Human (J), and (f). The exemption is invoked for STORAGE: Resources will be incorporated into information in the system of records Records are maintained on paper in other records in the system, or if the which would disclose the identity of a file folders. Additionally, records used individual has terminated, those records person who has supplied information for initiating a random drug test are reflecting negative test results will be on drug abuse by a Board employee or maintained on the Random Employee destroyed by shredding, or by other contractor. Selection Automation system. This is a approved disposal methods. Positive stand-alone system resident on a test results will be maintained through DNFSB±4 desktop computer and is password- the conclusion of any administrative or protected. judicial proceedings, at which time they SYSTEM NAME: Personnel Files. RETRIEVABILITY: will be destroyed by shredding, or by other approved disposal methods. SYSTEM CLASSIFICATION: Records maintained in file folders are (3) Negative specimens will be Unclassified. indexed and accessed by name and destroyed according to laboratory/ social security number. Records contractor procedures. SYSTEM LOCATION: maintained for random drug testing are (4) Positive specimens will be Defense Nuclear Facilities Safety accessed by using a computer data maintained through the conclusion of Board, 625 Indian Ave., NW, based which contains employees’ administrative or judicial proceedings. Washington, DC 20004–2901. names, social security number, and job titles. Employees are then selected from SYSTEM MANAGERS AND ADDRESS: CATEGORIES OF INDIVIDUALS COVERED BY THE the available pool by the computer, and Defense Nuclear Facilities Safety SYSTEM: a listing is given to the Drug Program Board, 625 Indiana Avenue, NW, Suit Employees and applicants for Coordinator of employees and alternates 700, Washington, DC 20004–2901, employment with the DNFSB, including selected for drug testing. Attention: Director of Human Resources. DNFSB contractors and consultants. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3879

CATEGORIES OF RECORDS IN THE SYSTEM: by National Archives and Records Energy Act of 1954 (42 U.S.C. 2011 et Records concerning the following Administration, Washington, DC. seq.) by adding new Chapter 21— information: Records within DNFSB are destroyed by Defense Nuclear Facilities Safety (1) Name, social security number, sex, shredding or burning, as appropriate. Board). date of birth, home address, grade level, SYSTEM MANAGER(S) AND ADDRESS: ROUTINE USES OF RECORDS MAINTAINED IN THE and occupational code SYSTEM, INCLUDING CATEGORIES OF USERS AND (2) Official Personnel Folders (SF–66), Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW, Suite THE PURPOSE OF SUCH USES: Service Record Cards (SF–7), and SF– DNFSB—to monitor radiation 171 700, Washington, DC 20004–2901, Attention: Director of Human Resources. exposure of its employees and (3) Records on suggestions, awards, contractors. and bonuses NOTIFICATION PROCEDURE: DOE—to monitor radiation exposure (4) Training requests, authorization Requests by an individual to of visitors to the various DOE facilities data, and training course evaluations determine if DNFSB–4 contains in the United States. (5) Employee appraisals, appeals, information about him/her should be Other Federal and State Health grievances, and complaints directed to Director of Human Institutions—To monitor radiation (6) Employee disciplinary actions Resources, Defense Nuclear Facilities exposure of DNFSB personnel. (7) Employee retirement records Safety Board, 625 Indiana Avenue, NW, POLICIES AND PRACTICES FOR STORING, (8) Records on employment transfer Suite 700, Washington, DC 20004–2901. (9) Applications for employment with RETRIEVING, ACCESSING, RETAINING, AND Required identifying information: the DNFSB DISPOSING OF RECORDS IN THE SYSTEM: Complete name, social security number, STORAGE: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: and date of birth. Paper records, magnetic disk, and National Defense Authorization Act, RECORD ACCESS PROCEDURE: computer printouts. Fiscal Year 1989 (amended the Atomic Same as Notification procedures RETRIEVABILITY: Energy Act of 1954 (42 U.S.C. 2011 et above, except individual must show seq.) by adding new Chapter 21— official photo identification, such as By name, social security number, and Defense Nuclear Facilities Safety driver license or government numeric code. Board). identification before viewing records. SAFEGUARDS: ROUTINE USES OF RECORDS MAINTAINED IN THE CONTESTING RECORD PROCEDURE: Access is limited to employees having SYSTEM INCLUDING CATEGORIES OF USERS AND Same as Notification procedures a need to know. Records are stored in THE PURPOSE OF SUCH USES: locked file cabinets in a controlled above. GSA—Maintains official personnel access area. records for DNFSB. RECORD SOURCE CATEGORIES: RETENTION AND DISPOSAL: Office of Personnel Management— Subject individuals, official personnel Records retention and disposal Transfer and retirement records and records, GSA, OPM for official authorities are contained in the benefits, and collection of anonymous personnel records, State employment ‘‘General Records Schedules’’ published statistical reports. agencies, educational institutions, and by National Archives and Records Social Security Administration— supervisors. Social Security records and benefits. Administration, Washington, DC. Federal, State, or Local government SYSTEM EXEMPTED FROM CERTAIN PROVISIONS Records within DNFSB are destroyed by agencies—For the purpose of OF THE ACT: shredding, burning, or burial in a investigating individuals in connection None. sanitary landfill, as appropriate. with, security clearances, and DNFSB±5 SYSTEM MANAGER(S) AND ADDRESS: administrative or judicial proceedings. Defense Nuclear Facilities Safety Private Organizations—For the SYSTEN NAME: Board, 625 Indiana Avenue, NW, Suite purpose of verifying employees’ Personnel Radiation Exposure Files. 700, Washington, DC 20004–2901. employment status with the DNFSB. SECURITY CLASSIFICATION: Attention: Security Management Officer. POLICIES AND PRACTICES FOR STORING, Unclassified materials. NOTIFICATION PROCEDURE: RETRIEVING, ACCESSING, RETAINING, AND Requests by an individual to DISPOSING OF RECORDS IN THE SYSTEM: SYSTEM LOCATION: Defense Nuclear Facilities Safety determine if DNFSB–5 contains STORAGE: Board, 625 Indiana Avenue, NW, information about him/her should be Paper records, magnetic disk, and Washington, DC 20004–2901. directed to the Privacy Act Officer, computer printouts. Defense Nuclear Facilities Safety Board, CATEGORIES OF INDIVIDUALS COVERED BY THE 625 Indiana Avenue, NW, Suite 700, RETRIEVABILITY: SYSTEM: Washington, DC 20004–2901. Required By name and social security number. DNFSB employees, contractors, and identifying information: Complete SAFEGUARDS: consultants. name, social security number, and date of birth. Access is limited to employees having CATEGORIES OF RECORDS IN THE SYSTEM: a need-to-know. Records are stored in Personnel folders containing radiation RECORD ACCESS PROCEDURE: locked file cabinets in a controlled exposure and whole body count, Same as Notification procedure above, access area in accordance with Board including any records of mandatory except individual must show official directives and Federal guidelines. training associated with site work or photo identification, such as driver’s visits. license, passport, or government RETENTION AND DISPOSAL: identification before viewing records. Records retention and disposal AUTHORITY FOR MAINTENANCE OF THE SYSTEM: authorities are contained in the National Defense Authorization Act, CONTESTING RECORD PROCEDURE: ‘‘General Records Schedules’’ published Fiscal Year 1989 (amended the Atomic Same as Record Access procedure. 3880 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

RECORD SOURCE CATEGORIES: Program, the North American Mobility (NEPA) process, please contact: Ms. Subject individuals, previous in Higher Education, the European Carol M. Borgstrom, Director, Office of employee records, DOE contractors’ film Community/United States of America NEPA Policy and Assistance, EH–42, badges, whole body counts, bioassays Joint Consortia for Cooperation in U.S. Department of Energy, 1000 and dosimetry badges. Higher Education and Vocational Independence Ave. SW., Washington, Education Program, and an orientation DC 20585, telephone 202-586–4600 or SYSTEM EXEMPTED FROM CERTAIN PROVISIONS for new Board members. leave a message at 800–472–2756. OF THE ACT: Records are kept of all Board None. SUPPLEMENTARY INFORMATION: The proceedings, and are available for public Department of Energy has prepared this Dated: January 21, 1997. inspection at the Office of the Fund for Record of Decision pursuant to the John T. Conway, the Improvement of Postsecondary Council on Environmental Quality Chairman. Education, Room 3100, Regional Office Regulations implementing the Building #3, 7th & D Streets, S.W., [FR Doc. 97–1943 Filed 1–24–97; 8:45 am] procedural provisions of NEPA (40 CFR Washington, D.C. 20202 from the hours BILLING CODE 3670±01±M Parts 1500–1508) and the Department’s of 8:00 a.m. to 4:30 p.m. NEPA implementing regulations (10 David A. Longanecker, CFR Part 1021). This Record of Decision DEPARTMENT OF EDUCATION Assistant Secretary for Postsecondary is based on the Final Environmental Education. Impact Statement for the Continued National Board of the Fund for the [FR Doc. 97–1869 Filed 1–24–97; 8:45 am] Operation of the Pantex Plant and Improvement of Postsecondary BILLING CODE 4000±01±M Associated Storage of Nuclear Weapon Education; Meeting Components (DOE/EIS–0225, November 1996), hereafter referred to as the Pantex AGENCY: National Board of the Fund for DEPARTMENT OF ENERGY Plant EIS, and other factors. the Improvement of Postsecondary Education, Education. Record of Decision: Environmental Background ACTION: Notice of meeting. Impact Statement for the Continued Until 1989, Pantex Plant activities Operation of the Pantex Plant and were closely coupled with operations at SUMMARY: This notice sets forth the Associated Storage of Nuclear Weapon the Rocky Flats Plant, now the Rocky proposed agenda of a forthcoming Components Flats Environmental Technology Site, meeting of the National Board of the near Denver, Colorado. Two of the Fund for the Improvement of AGENCY: Department of Energy. Rocky Flats Plant’s primary missions Postsecondary Education. This notice ACTION: Record of decision. were: (1) The manufacture of plutonium also describes the functions of the SUMMARY: The Department of Energy is components (pits) which were Board. Notice of this meeting is required issuing this Record of Decision for the eventually transported to the Pantex under Section 10(a)(2) of the Federal continued operation of the Pantex Plant Plant for final assembly into nuclear Advisory Committee Act. and associated storage of nuclear weapons, and (2) receipt of pits from the DATES AND TIME: February 12, 1997 from weapon components. This Record of Pantex Plant from disassembled 9:00 a.m. to 4:00 p.m. Decision is based on the information, weapons for recovery, reprocessing, and ADDRESSES: Holiday Inn Capitol, 550 C analysis, and public comment contained fabrication of the special nuclear Street, S.W., Washington, D.C. 20024. in the Final Environmental Impact material into new pits. In December FOR FURTHER INFORMATION CONTACT: Statement for the Continued Operation 1989, plutonium processing and pit Charles Karelis, Director, Fund for the of the Pantex Plant and Associated fabrication operations at the Rocky Flats Improvement of Postsecondary Storage of Nuclear Weapon Components Plant were curtailed by the Department Education, 7th & D Streets, S.W., (Pantex Plant EIS) (DOE/EIS–0225, of Energy pending resolution of safety Washington, D.C. 20202. Telephone: November 1996). The Department has and environmental issues. The Pantex (202) 708–5750. decided to implement the preferred Plant continued to disassemble SUPPLEMENTARY INFORMATION: The alternative by: (1) Continuing nuclear weapons, but shipments of pits from National Board of the Fund for the weapon operations involving assembly dismantled weapons between Pantex Improvement of Postsecondary and disassembly of nuclear weapons at and Rocky Flats were suspended. The Education (National Board) is the Pantex Plant; (2) implementing pits from those weapons were staged in established under Section 1003 of the facility projects, including upgrades and Zone 4 at the Pantex Plant for later Higher Education Act of 1965, as construction consistent with conducting shipment to Rocky Flats. The amended (20 U.S.C. 1135a–1). The these operations; and (3) continuing to Department had anticipated that National Board of the Fund is provide interim pit storage at the Pantex shipments of pits to the Rocky Flats authorized to recommend to the Plant and increasing the storage level Plant would be reinitiated when Director of the Fund and the Assistant from 12,000 to 20,000 pits. processing activities in support of new Secretary for Postsecondary Education FOR FURTHER INFORMATION CONTACT: For weapons programs were resumed. priorities for funding and approval or further information on or copies of the Efforts to restart plutonium processing disapproval of grants submitted to the Pantex Plant EIS or other information operations continued until January Fund. related to this Record of Decision, 1992, when they were terminated by the On February 12, 1997 from 9:00 a.m. please call 505–845-4351 or write to: Department because of reduced to 4:00 p.m., the Board will meet in Ms. Nanette D. Founds, Pantex Plant EIS requirements for nuclear weapons open session. The proposed agenda for Project Manager, EIS Project Office, U.S. production in support of the national the open portion of the meeting will Department of Energy, Albuquerque defense. include a review of FIPSE’s operating Operations Office, P.O. Box 5400, Because pit transfers were suspended, principles, the revision of FIPSE’s Albuquerque, New Mexico 87175–5400. the Department prepared the Comprehensive Program guidelines, an For information on the Department’s Environmental Assessment for Interim overview of the Comprehensive National Environmental Policy Act Storage of Plutonium Components at Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3881

Pantex (DOE/EA–0812, January 1994) to FR 15232, April 5, 1996). The comment activity levels by assessing the analyze activities necessary to period for the Draft Pantex Plant EIS operations on 2,000, 1,000, and 500 accommodate the interim storage of up began on April 5, 1996, and originally weapons per year. These levels of to 20,000 pits from the Pantex Plant would have ended on July 5, 1996, but weapons operations could involve any disassembly operations. The was extended to July 12, 1996 (61 FR mix of nuclear weapons assemblies, environmental assessment did not 18726, April 29, 1996). During the disassemblies, retrofits, rebuilds, and suggest that the environmental impacts comment period, public hearings were quality assurance inspections. The from the storage of 20,000 pits would be held in Amarillo, Texas; North Las scope also included those areas of the significant. However, in response to Vegas, Nevada; North Augusta, South environment that might be impacted at comments received from the State of Carolina; Albuquerque, New Mexico; the four candidate sites considered for Texas, local officials, and other and Richland, Washington. The the possible relocation of interim pit stakeholders, the Department committed meetings held in Amarillo and North storage activities from the Pantex Plant. to store no more than 12,000 pits at the Augusta were conducted in concert with These candidate sites were the Nevada Pantex Plant until an environmental the Draft Stockpile Stewardship and Test Site, near Las Vegas, Nevada; the impact statement for the site had been Management Programmatic Savannah River Site, near Aiken, South completed. Accordingly, the Environmental Impact Statement (SSM Carolina; the Hanford Site, near Department issued a Finding of No PEIS) (DOE/EIS–0236, February 1996) Richland, Washington; and Kirtland Air Significant Impact for interim storage of and the Storage and Disposition of Force Base, near Albuquerque, New up to 12,000 pits at the Pantex Plant (59 Weapons-Usable Fissile Material Draft Mexico. The Pantex Plant EIS assessed FR 3674, January 26, 1994). Environmental Impact Statement (S&D activities over a period of approximately In May 1994, the Department PEIS) (DOE/EIS–0229, February 1996). 10 years. The Pantex Plant EIS published a Notice of Intent (NOI) (59 In addition, a Technical Exchange alternatives were the Proposed Action, FR 26635, May 23, 1994) to prepare the Meeting was held in Amarillo with No Action Alternative, and Relocation Pantex Plant EIS. Among alternatives representatives from the State of Texas of Interim Pit Storage Alternative, as identified in the NOI for consideration and local governments, and the public. discussed in the following paragraphs. in the Pantex Plant EIS was to continue All comments received during the Proposed Action (Preferred Pantex Plant nuclear weapon operations public comment period were considered Alternative): The Department proposed and increase onsite storage of pits; a no for potential changes or additions to the to continue nuclear weapon operations action alternative continuing Pantex Final Pantex Plant EIS. Volume III of the at the Pantex Plant, increase the Plant nuclear weapon operations but Final Pantex Plant EIS contains the maximum level of interim storage from maintaining the 12,000 pit storage level; comments received and the 12,000 pits to 20,000 pits, and and an alternative relocating some Department’s responses to those implement necessary facility projects Pantex Plant nuclear weapon operations comments, and identifies the areas consistent with conducting these and some or all pit storage activities where changes were made to the Pantex operations. Types of operations currently conducted at the Pantex Plant, Plant EIS. conducted at the Pantex Plant include including relocation of other nuclear the assembly, disassembly, component storage from other sites. An Alternatives Considered modification, and maintenance of amended Notice of Intent (60 FR 32661, The scope of the Pantex Plant EIS nuclear weapons; surveillance of the June 23, 1995) was issued to redefine included assessing the impacts of weapons stockpile; production of high the scope of the Pantex Plant EIS based operations performed at the Pantex explosives components for nuclear on subsequent preparation of Plant on the natural and physical weapons; quality assurance evaluation programmatic EISs, analyses of potential environment and the relationships of and testing of weapon components; and interim storage locations, and public people to that environment. The scope research and development activities scoping comments. Under the revised also included issues raised during the supporting nuclear weapons. For the scope, the Pantex Plant EIS evaluated scoping and public comment periods. facility projects, only the Hazardous potential environmental impacts of Among the areas of public interest were Waste Treatment and Processing continued operation of the Pantex Plant, plant facilities and infrastructure, land Facility involves the construction of a including the interim storage of pits at resources (particularly agricultural new facility that will add to the overall the Pantex Plant or alternate sites resources), geology and soils (including plant footprint. Although the Pit Reuse (Nevada Test Site, Savannah River Site, the current environmental restoration Facility will establish a new mission at Hanford Site, or Manzano Weapons program), water (particularly protection the Pantex Plant, an existing facility will Storage Facility at Kirtland Air Force of the Ogallala aquifer), air quality be modified to incorporate these new Base) over an approximately 10-year (especially related to burning of high operations instead of building a new, period, and alternatives for relocating explosives and other material), separate structure. The remaining four some or all Pantex Plant pit storage acoustics, biotic resources, cultural projects will be located within existing activities. The Pantex Plant EIS also resources, socioeconomics, intrasite structures vacated because of workload examines cumulative impacts to Pantex transportation, waste management, reductions. These projects are: the Pit by incorporating information from human health, potential aircraft Reuse Facility, Gas Analysis Laboratory, related programmatic EISs (see the accidents, intersite transportation of Materials Compatibility and Assurance discussion below entitled Other nuclear and hazardous materials, and Facility, Nondestructive Evaluation Decisions and Environmental Impact environmental justice. In addition to Facility, and the Metrology and Health Statements Related to the Pantex Plant). these analyses for each site, Pantex Physics Calibration and Acceptance In March 1996, the Department Plant potential mitigation measures, Facility. published the Draft Environmental unavoidable impacts, irreversible and No Action Alternative: The No Action Impact Statement for the Continued irretrievable commitment of resources, Alternative is presented to provide a Operation of Pantex Plant and impacts on long-term productivity, and baseline for comparison with the Associated Storage of Nuclear Weapon cumulative impacts were assessed. Proposed Action. Under the No Action Components and announced its The Pantex Plant EIS examined Alternative, the Department would availability in the Federal Register (61 impacts across a reasonable range of continue current operations at the 3882 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

Pantex Plant as described under the on 2,000, 1,000, and 500 weapons per consequences to a worker tends to be Proposed Action, but would cease year) at the Pantex Plant. The principal more severe than to a member of the weapons dismantlement after a storage differences among the alternatives lie in public. In the case of an explosion, the level of 12,000 pits was reached. Only the number of pits that would be stored consequence to an affected worker is previously approved and funded at the Pantex Plant and the new projects generally a fatality. In the case of a projects would be implemented under that would be implemented. chlorine release, a higher exposure to this alternative. No new facilities would chlorine is expected for a worker at the Environmental Impacts of the be constructed as described under the Pantex Plant, but no serious or long Alternatives Proposed Action. Failure to construct term health impacts would result. one of these new projects (the Impacts to facilities and All alternatives would result in Hazardous Waste Treatment and infrastructure, land resources, air unavoidable worker exposures to Processing Facility) would limit the quality, acoustics, cultural resources, radiation from normal handling of Plant’s waste treatment and processing and environmental justice were plutonium pits during transfer and capability to a level that would not meet determined to be similar for each of the storage. Under the Preferred Alternative, the Department’s objectives for alternatives. Water usage and workers at the Pantex Plant would improvements in environment, safety, wastewater production were found to be receive an additional 17 person-rem as and health conditions and operational similar (less than 1 percent variation) a result of storing and handling 20,000 efficiency, and would not fulfill an under each of the alternatives. The main pits instead of the 12,000 pits currently agreement reached with the State of differences in impacts among the authorized. However, the 20,000-pit Texas under the Federal Facility alternatives would involve the Relocation Alternative would result in Compliance Act. disturbance to soils and biotic resources an additional exposure of up to 283 Relocation of Interim Pit Storage due to construction of a new facility, person-rem due to additional pit Alternative: Under this alternative, the radiation exposure to workers involved handling and loading/unloading of the Department would transfer pit storage in the transfer of pits, and risks Safe Secure Tractor Trailers used to operations to another site. All other associated with aircraft accidents. These transport the pits to the alternative site. operations, upgrades, and new projects differences are generally small. The Department will continue to strive would be the same as for the Proposed A suite of accident scenarios was to reduce radiological exposures to Action. There are two options under evaluated in detail to encompass the plant workers. Radiological exposures this alternative: the relocation of up to range of accidents at the Pantex Plant incurred from future weapons 20,000 pits from the Pantex Plant, or the that have the potential to affect workers operations will be controlled and relocation of up to 8,000 pits from the or members of the public. For all minimized by Pantex Plant procedures, Pantex Plant, leaving 12,000 pits at the alternatives evaluated in the Final administrative controls, and an active Pantex Plant. The candidate sites, which Pantex Plant EIS, the dominant accident As Low As Reasonably Achievable provided a reasonable range of in terms of risk from radioactive releases exposure control program that promotes geographic, operational, and to the public involves the crash of an minimizing exposure of workers to environmental alternatives, were the aircraft into a weapons storage radiation. Limits on allowable Nevada Test Site, the Savannah River magazine, nuclear weapons assembly/ radiological exposures to workers are Site, the Hanford Site, and the Manzano disassembly bay or cell, or a special given in 10 CFR Part 835, Occupation Weapons Storage Facility at Kirtland Air purpose building that results in the Radiation Protection and safe Force Base. detonation of the conventional radiological worker practices are explosives in the weapons. The described in the Pantex Radiological Preferred Alternative estimated risk associated with this Control Manual. Health studies of Based on its analyses, the Department potential accident is 7.2 × 10¥6 excess Pantex Plant workers to date indicate announced a preferred alternative in the cancer fatalities per year to the that there has been no significant excess Notice of Availability for the Pantex population within 80 kilometers (50 cancer mortality in the Pantex Plant area Plant Draft EIS (61 FR 15232, April 5, miles) of the Pantex Plant. attributable to Pantex Plant operations. 1996) and in the Final Pantex Plant EIS. For all alternatives evaluated in the There have been no verifiable The Preferred Alternative is the Final Pantex Plant EIS, the dominant indications of any short-or long-term Proposed Action, to continue nuclear accident scenario in terms of release of health impacts to workers at the Pantex weapons operations at the Pantex Plant, hazardous chemicals to the public Plant. Radiological exposure to non- to implement facility projects including involves the accidental release of up to involved workers and members of the upgrades and construction consistent 408 kilograms (900 pounds) of chlorine public from Pantex Plant operations is with performing these operations, and gas from the water treatment facilities. effectively zero. to provide interim storage for up to Approximately 10 percent of the public The Environmentally Preferable 20,000 pits at the Pantex Plant. This within 80 kilometers (50 miles) could be Alternative Record of Decision selects the Preferred exposed to concentrations of chlorine Alternative for implementation. that, if experienced for over an hour, The environmentally preferable could cause mild transient adverse alternative is defined as the alternative Evaluation of Alternatives health effects. that would cause the least impact to the Only the Pantex Plant was analyzed The potential for accidents that pose physical environment, and best protect for continued weapons operations; risks to worker safety exists at the worker and public health. According to however, four alternative sites (Nevada Pantex Plant. These accidents include the analysis conducted for the Pantex Test Site, Savannah River Site, Hanford normal manufacturing and heavy Plant EIS, the Preferred Alternative is Reservation, and Kirtland Air Force equipment accidents, fires, and the environmentally preferable Base) in addition to the Pantex Plant explosions. The types of accidents that alternative. Under the Preferred were evaluated for interim storage of up could result in release of radioactive or Alternative, the Pantex Plant would to 20,000 plutonium pits. Each of the hazardous material are bounded by implement a new project (the Hazardous alternatives were evaluated for three those accidents discussed above. Waste Treatment and Processing potential levels of activity (operations Although the accident is the same, the Facility) to improve the efficiency of Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3883 low-level radioactive, hazardous, and existing site inventory will not surpass Gas Analysis Laboratory, Materials mixed waste processing, provide greater the historical maximum level of Compatibility Assurance Facility, environmental protection, and improve depleted uranium stored at the Y–12 Nondestructive Evaluation Facility, and worker safety and health. For the Pit Plant. The Department, through the Oak Metrology and Health Physics Reuse Facility, an existing facility Ridge Operations Office, is working Calibration and Acceptance Facility: would be modified instead of with the State of Tennessee to address The Department has selected the Move constructing a new facility. For the Gas their concerns and will provide a to an Existing Facility Alternative at the Analysis Laboratory, Materials briefing to appropriately cleared State of Pantex Plant as described in Appendix Compatibility Assurance Facility, Tennessee representatives on the H of the Pantex Plant EIS rather than Nondestructive Evaluation Facility, and depleted uranium activities in February constructing a new facility. This Metrology and Health Physics 1997. decision is consistent with the SSM Calibration and Acceptance Facility, PEIS Record of Decision. current activities would be moved into Decisions The decision to move into existing existing facilities instead of constructing The Department is making three facilities rather than build new ones new facilities. Moving into existing decisions regarding continued operation will result in reduced environmental facilities is environmentally preferred to of the Pantex Plant and associated impacts because construction activities construction of new facilities and No storage of nuclear weapon components. will be minimized. In addition, Action because the impacts of Details of these decisions are as follows: modifying existing facilities rather than construction are avoided and worker (1) Continue current nuclear weapons constructing new facilities will reduce safety is improved, respectively. operations: The Final Pantex Plant EIS costs. Retaining interim storage of pits at the examines three levels of activity for (3) Continue providing interim pit Pantex Plant would minimize the weapons operations conducted at the storage at Pantex Plant and increase the radiation exposure to workers and the Pantex Plant over the next 10 years. It authorized storage level to 20,000 pits: public because the pits would be is expected that the activity level for the This decision will allow the Pantex handled less than if they had to be next 3 to 5 years will be less than the Plant to continue nuclear weapon shipped to another site for storage. 2,000 weapons level, and will then dismantlement operations scheduled continue to decline to the 500 weapons over the next 10 years until disposition Comments on the Final Pantex Plant decisions are made and implemented. EIS level until SSM PEIS decisions are implemented. Mitigation Measures During the 30-day comment period (2) Implement facility projects which ended January 13, 1997, the Due to ongoing quality assurance, Department received two letters consistent with performing current industrial hygiene, safety analysis, and regarding the Pantex Plant Final EIS. Pantex Plant operations: Six facilities other programs at the Pantex Plant and The first letter from the Environmental were analyzed in the Final Pantex Plant the level of impacts identified in the Protection Agency stated that the EIS. For each facility, a proposed action, Pantex Plant EIS, no additional Agency’s previous comments on the an alternative action, and no action mitigation measures will be adopted for Pantex Plant Draft Environmental were examined. The following describes continued operations or storage Impact Statement were addressed and the alternative selected for each facility: activities at the Pantex Plant. However, offered no additional comments. Hazardous Waste Treatment and because of a high level of public The second letter from the State of Processing Facility: The Department has interest, activities associated with Tennessee, Department of Environment selected the Proposed Action, to reducing the risk from aircraft accidents and Conservation, Department of Energy construct this facility, as described in are worth special consideration here. Oversight Division, expressed Appendix H of the Pantex Plant EIS. Due to public concern regarding the risk dissatisfaction regarding the Construction of the facility will enhance of an aircraft crash at the Pantex Plant, Department’s response in the Final Pantex Plant low-level radioactive, an Overflight Working Group was Pantex Plant EIS to their previous hazardous, and mixed waste operations formed, consisting of representatives of comment regarding the shipment of and will comply with an agreement the Department of Energy, the Federal depleted uranium from Pantex Plant to reached with the State of Texas under Aviation Administration, the U.S. Air the Y–12 Plant at the Oak Ridge the Federal Facility Compliance Act. Force, the State of Texas and the public, Reservation. As noted in the Final This decision will be reviewed based on to address ways to reduce the number Pantex Plant EIS, the relocation of future decisions resulting from the of aircraft flying over the Pantex Plant. storage for nuclear components other Waste Management Programmatic Recommendations included such than pits is not reasonable during the Environmental Impact Statement (PEIS) actions as modifying the path of time period of the Pantex Plant EIS. to assure consistency with those approaching and departing aircraft from Accordingly, highly enriched uranium programmatic decisions (see discussion the Amarillo Airport to avoid flying and depleted uranium components must below under Other Decisions and over the Pantex Plant boundary, and continue to be shipped from the Pantex Environmental Impact Statements). The installing additional equipment at the Plant to the Y–12 Plant. The decisions engineering design for this facility will airport to aid in vectoring aircraft away announced in this Record of Decision proceed while the Department is from areas where nuclear material is will not affect the ongoing depleted completing the Waste Management PEIS kept. The Department has committed to uranium operations at the Y–12 Plant. process. implement the risk reduction measures The Y–12 Plant currently has existing Pit Reuse Facility: The Department recommended by this Overflight storage capacity to accommodate the has selected the Proposed Action, to Working Group. depleted uranium returns from the modify an existing Pantex Plant Zone 12 During preparation of the Pantex Pantex Plant. The amount of depleted facility (Building 12–104) as described Plant EIS, the Pantex Plant also uranium to be returned from the Pantex in Appendix H of the Pantex Plant EIS. undertook mitigation measures to afford Plant is classified information. This decision is consistent with the the public greater protection from a However, the amount of depleted SSM PEIS Record of Decision (61 FR plutonium dispersal accident should uranium returned coupled with the 68014, December 26, 1996). such an accident occur. Physical 3884 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices modifications to assembly cell doors security needs). However, decisions on Office of Energy Research were started to significantly reduce the storage of strategic reserve materials are amount of radioactive material that being made in the Record of Decision Energy Research Financial Assistance could leak from a cell in case of an for the S&D PEIS regarding the storage Program Notice 97±07; Atmospheric accident. These modifications are of surplus materials (see below). In Radiation Measurement (ARM) projected to be completed by 1998. these documents, the preferred Program Future Analytical Activities alternative is Zone 12 at the Pantex AGENCY: U.S. Department of Energy Plant for strategic reserve storage of The aircraft crash accident analysis of (DOE). plutonium pits and the Y–12 Plant at the Final EIS was based upon the Draft ACTION: Notice inviting grant the Oak Ridge Reservation in Oak Ridge, Department of Energy Standard, applications. Accident Analysis for Aircraft Crash Tennessee, for strategic reserve storage into Hazardous Facilities (July 1996). of highly enriched uranium. SUMMARY: The Office of Health and The Department will further refine the Storage and Disposition of Weapons- Environmental Research (OHER) of the analysis of potential aircraft crash Usable Fissile Materials Final Office of Energy Research, U.S. scenarios through Safety Analysis Programmatic Environmental Impact Department of Energy (DOE), hereby Reports, which will be prepared in Statement (S&D PEIS): The S&D PEIS announces its interest in receiving accordance with the Final Standard, Record of Decision (signed January 14, applications to support the which was published in October 1996. 1997) selected among alternatives for experimental and theoretical study of The Basis for Interim Operation is the safe and secure storage of weapons- radiation and clouds in conjunction with the Atmospheric Radiation current safety authorization document usable fissile materials and a strategy for Measurement (ARM) Program as part of for Pantex until formal Safety Analysis the disposition of surplus weapons- the U.S. Global Change Research Reports can be completed and usable plutonium. The Pantex Plant was Program (USGCRP). approved. This document will selected for the storage of strategic incorporate by reference the aircraft reserve pits and surplus pits resulting DATES: Formal applications submitted in crash analyses. The analysis in the Final from dismantlement operations in response to this notice must be received Pantex Plant EIS substantiates prior upgraded facilities in Zone 12. This by 4:30 p.m., EDT, April 29, 1997, to analyses that aircraft crashes at the permit timely consideration for award decision included the transfer of pits Pantex Plant do not present a significant in fiscal year 1998. risk to Pantex workers or the from the Rocky Flats Environmental Technology Site to the Pantex Plant (as ADDRESSES: Formal applications should surrounding communities. The be forwarded to: U.S. Department of Department, through the Safety Analysis early as 1997) for storage in Zone 4 until upgraded facilities are available for Energy, Office of Energy Research, Reports, will prepare more detailed, Grants and Contracts Division, ER–64, building-specific analyses for aircraft consolidated storage in Zone 12. The Pantex Plant is also a potential site for 19901 Germantown Road, Germantown, crash accidents. During this process, the MD 20874–1290, ATTN: Program Notice disposition alternatives including a Department will continue to apprise the 97–07. This address also must be used Federal government-owned mixed oxide State of Texas of our progress. Once when submitting applications by U.S. fuel fabrication facility and a pit complete, the Department will provide Postal Service Express Mail, any the State of Texas with the opportunity disassembly/conversion facility. commercial mail delivery service, or to thoroughly review all facets of the Additional NEPA review will be when hand-carried by the applicant. aircraft crash analyses, including completed before site selections are FOR FURTHER INFORMATION CONTACT: Dr. evaluation, safety standards, and made. Patrick A. Crowley, Office of Health and implementation of mitigation measures. Waste Management Programmatic The Department will encourage the Environmental Research, Environmental Environmental Impact Statement (PEIS): Sciences Division, ER–74, U.S. Amarillo National Resource Center for The Waste Management PEIS provides a Plutonium to provide the necessary Department of Energy, 19901 Department-wide evaluation of resources to the State of Texas for this Germantown Road, Germantown, MD management alternatives for where to effort. 20874–1290. Telephone: (301) 903– treat, store or dispose of radioactive and 3069, fax (301) 903–8519, or by Internet Other Decisions and Environmental hazardous wastes. Pantex is one of 17 e-mail address, [email protected]. Impact Statements Related to the sites considered for treatment and Program information is available on the Pantex Plant disposal of low-level and mixed waste, ARM WWW page: http://www.arm.gov. Final Stockpile Stewardship and as well as one of 11 sites evaluated for SUPPLEMENTARY INFORMATION: This Management Programmatic hazardous waste treatment. Under all notice requests applications for grants to Environmental Impact Statement (SSM options, Pantex would either manage support the following four efforts: PEIS): The SSM PEIS Record of Decision only its own wastes or ship some or all (1) Continuation and enhancement of determined that there will be over time of its waste to another site. The Final activities previously funded by DOE a downsizing of the weapons assembly/ Waste Management PEIS, which will be under the auspices of the ARM program disassembly and high explosive issued shortly, will identify the via responses to earlier announcements. component fabrication missions at the Department’s preferred alternatives for (2) The modeling of clouds and Pantex Plant. The decisions made today management of these wastes and the radiation including aerosol effects for in this Record of Decision for the role of Pantex in these configurations. use in General Circulation Models operation of the Pantex Plant over the Issued in Washington, DC, on January 17, (GCMs) and related models. Analysis of next 10 years are consistent with those 1997. ARM and other data for refining, determinations. The SSM PEIS also supporting, and validating model evaluated storage alternatives for Hazel R. O’Leary, development are key aspects of research strategic reserve material (plutonium Secretary. sought in this category. These activities and highly enriched uranium that has [FR Doc. 97–1865 Filed 1–24–97; 8:45 am] should be closely tied to the analysis not been declared surplus to national BILLING CODE 6450±01±P and use of data from the current and Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3885 planned facilities at three Cloud and operation in calendar year 1992, with products, will demonstrate how the Radiation Testbed sites: the first is instruments spread over an area of proposed efforts support the ARM centered near Lamont, Oklahoma; the approximately 60,000 sq. km., centered Science Team members involved in the second has instruments operating on the on Lamont, Oklahoma. The Tropical other categories of research. Island of Manus, Papua, New Guinea, Western Pacific (TWP) site will consist Applications in this area must recognize and later will have other sites in the initially of island-based suites of that the program has a developed Tropical Western Pacific; and the third instrumentation focused on cloud and infrastructure for data treatment and site in the North Slope of Alaska region. radiative properties in the tropical distribution. The support looked for in (3) The extension of fundamental ocean environment. The first of the this area involves a deeper more research results or methodology to the TWP Atmospheric Radiation and sophisticated algorithmic approach than development and evaluation of new Clouds Stations (ARCS) is operating on presently in use. The successful analytic methods and algorithms that the island of Manus, Papua New applications will accent a strong take advantage of ARM data. Methods Guinea, and the second is planned for scientific approach to the problem of and algorithms that are proposed to Nauru in 1998. Similar instrumentation data fusion. evolve from these efforts must be will be deployed to a North Slope of Because ARM is well into its intended suitable for automated use in the routine Alaska site late in 1997. life cycle, successful applicants for processing of ARM data streams. To ensure that the program meets the participation in the ARM instrument Successful applications will use data broadest needs of the research development program will meet either from current or projected ARM community and the specific needs of the (1) immediate and near-term needs of instruments (singly, in combination, or DOE, ESD, successful applicants will the ARM Program for improved in combination with data from outside participate as ARM Science Team radiometric sensors, both broad-band the ARM program, e.g. Satellite data), to members along with selected scientists and spectrally resolved or for provide new ARM community data from other ESD programs that relate to instruments capable of high-precision streams of high credibility and the ARM Program. Costs for radiometric calibration, or (2) useability within the ARM Science participation in ARM Science Team immediate and near-term needs of the Team. meetings and subcommittee meetings ARM Program for improved systems for (4) The development of advanced should be based on two trips of 1 week the measurement of the spatial instrumentation for high accuracy/ each to Washington, D.C., and two trips distribution of all three phases of water, precision radiometric observations and of 3 days each to Chicago, Illinois. with particular emphasis on vertical for profiling of all three phases of water Successful applicants for continuation profiles. In each case the application in the atmosphere and lower or enhancement of previously awarded should contain, in appropriate detail, a stratosphere. Short wave radiometry is grants will demonstrate (a) the discussion of the accuracy and precision of particular present interest. continued relevance of their work to the of the proposed measurement The use of ARM data to support goals of the ARM Program; (b) the methodology as a function of activities in other programs with goals quality and relevance of work wavelength or altitude respectively, and related to those of ARM through non- conducted under previous support to the relevance of the proposed ARM funded participation in the ARM the goals of the ARM Program, measurements to test models of Science Team is encouraged. including a listing of publications and atmospheric radiative processes. It has Researchers whose activities align with presentations; and (c) relevant been suggested that the data available ARM goals and for whom this is a contribution to the development of the from the array of instruments planned desirable option are encouraged to ARM program under previous funding. or in place in the program suffer from contact the ARM Program Office. Applications should include a special too little strongly calibrated short wave One of the major scientific objectives section covering items (b) and (c) data. Applications which address this of the Environmental Sciences Division entitled ‘‘Accomplishments Under concern in the near term are anticipated (ESD) is to improve the performance of Previous Support.’’ to be of high interest. predictive models of the Earth’s climate Successful applicants for grants in Participants in the adjunct ARM and to thereby make predictions of the support of modeling of clouds and Science Team will apply ARM data to response of the climate system to radiation will demonstrate the role of research programs of interest to DOE increasing concentrations of greenhouse their research in the improvement of and related to ARM goals, but are gases. The purpose of the ARM Program GCMs and/or related models and funded by other sources. While ARM is to improve the treatment of radiation delineate the path that their results will data is available through the ARM Data and clouds in the models used to take to make those improvements. Archive at Oak Ridge National predict future climate, particularly the Successful applicants will be involved Laboratory, ARM Science Team General Circulation Models (GCMs). in one or more of three activities: (a) the participation provides investigators the This program is one element of a major development of models and opportunity to receive tailored data effort to improve the quality of current parameterization of radiative transfer or products from the ARM Experiment models and to support the development cloud processes, including aerosol Center at Pacific Northwest Laboratory of sets of climate models capable of effects, or the testing of these models in and the opportunity to participate in the making regional prediction of climate GCMs or process-level models; (b) design of ARM facilities and and climate change. The major experimental studies at CART facilities experiments. While there will not be component of the ARM Program is an to test elements of models and their funds to support the research of experimental testbed for the study of performance or to obtain key laboratory applicants under this portion of this models of the terrestrial radiation field, data; and/or (c) the analysis of existing notice, some funds may be available to properties of clouds, the full life cycle data, including field data and satellite support the travel of successful of clouds, and the incorporation of these data, to support model development or applicants to participate in ARM process-level models into climate testing. Science Team activities as indicated models. This testbed is referred to as the Successful applicants for below. Research interest and objectives Cloud and Radiation Testbed (CART). participation in the development of new must be strongly related to the general The first ARM CART site began analytic methods and derived data goals of ARM outlined above; Global 3886 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

Energy and Water Experiment (GEWEX) Laboratory, P.O. Box 999, Richland, WA [Docket No. RP97±196±001] and its associated programs; the study of 99352, telephone (509) 375–6964, or aerosols and their effect on the radiative from the Office of Scientific and Mid Louisiana Gas Company; Notice of transfer, including visibility studies; Technical Information, P.O. Box 62, Oak Proposed Changes in FERC Gas Tariff and the transfer of UV–B radiation Ridge, TN 37831, telephone (615) 576– January 21, 1997. through the atmosphere. 8401. Take notice that on January 16, 1997, The efforts proposed in support of all The Catalog of Federal Domestic Mid Louisiana Gas Company (Mid five categories should have as a focus Assistance Number for this program is Louisiana) tendered for filing to become the conduct of research using the CART 81.049, and the solicitation control part of its FERC Gas Tariff, Third facilities either in operation or being number is ERFAP 10 CFR Part 605. Revised Volume No. 1, the following developed for ARM. Successful Issued in Washington, DC, on January 17, tariff sheets, with an effective date of applicants will participate in the 1997. December 31, 1996: continuing development of the detailed John Rodney Clark, experimental approaches for CART and Substitute First Revised Sheet No. 188 guide the evolving development and Associate Director for Resource Management, Substitute First Revised Sheet No. 189 Office of Energy Research. acquisition of the experimental Mid Louisiana states that the filing of [FR Doc. 97–1866 Filed 1–24–97; 8:45 am] equipment. the Revised Tariff Sheet is in response It is anticipated that approximately BILLING CODE 6450±01±P to Commission Letter Order dated $3,000,000 will be available for awards January 8, 1997, wherein the in fiscal year 1998, contingent upon Commission directed Mid Louisiana to availability of appropriated funds. Federal Energy Regulatory Commission revise certain portions of Mid Multiple year funding of awards is Louisiana’s previous, December 16, expected, also contingent upon [Docket No. RP97±126±001] 1996, filing. availability of funds. The allocation of Pursuant to Section 154.7(a)(7) of the funds within the research areas will Iroquois Gas Transmission System, Commission’s Regulations, Mid depend on the number and quality of L.P.; Notice of Proposed Changes in Louisiana respectfully requests waiver the applications received. It is FERC Gas Tariff of any requirement of the Regulations in anticipated that a substantial fraction of order to permit the tendered tariff sheets the funds will support continuation of January 21, 1997. to become effective December 31, 1996, existing research. Typical ESD awards Take notice that on January 15, 1997, as submitted. are $200,000 per year, but range from Iroquois Gas Transmission System, L.P. Any person desiring to protest said $50,000 to $600,000. Information about (Iroquois) tendered for filing to become filing should file a protest with the development, submission, and the part of its FERC Gas Tariff, First Revised Federal Energy Regulatory Commission, selection process, and other policies and Volume No. 1, revised tariff sheets, 888 First Street, N.E., Washington, D.C. procedures may be found in 10 CFR Part proposed to be effective January 1, 1997. 20426, in accordance with Section 605, and in the Application Guide for Iroquois states that the instant filing is 385.211 of the Commission’s Rules and the Office of Energy Research Financial to comply with the directives of the Regulations. All such protests should be Assistance Program. The Application Commission’s December 31, 1996 order filed in accordance with Section Guide is available from the U.S. issued in Docket No. RP97–126. 154.210 of the Commission’s Department of Energy, Office of Health Iroquois also requests a waiver of Regulations. Protests will be considered and Environmental Research, Section 154.203(b) to permit it to make by the Commission in determining the Environmental Sciences Division, ER– certain other changes not required by appropriate action to be taken, but will 74, 19901 Germantown Road, the December 31 order. not serve to make protestants parties to Germantown, MD 20874–1290. Iroquois states that copies of its filing the proceeding. Copies of this filing are Telephone requests may be made by were served on all parties, all on file with the Commission and are calling (301) 903–3338. Electronic jurisdictional customers and interested available for public inspection in the access to ER’s Financial Assistance state commissions. Public Reference Room. Guide is possible via the Internet using Any person desiring to protest said Lois D. Cashell, the following WWW site address: http:/ filing should file a protest with the /www.er.doe.gov/production/grants/ Secretary. Federal Energy Regulatory Commission, [FR Doc. 97–1835 Filed 1–24–97; 8:45 am] grants.html. 888 First Street, NE., Washington, DC BILLING CODE 6717±01±M Collaborative applications are 20426, in accordance with 18 CFR encouraged. Awards are anticipated to 385.211 of the Commission’s Rules of begin on or about November 1, 1997. Practice and Procedures. All such [Docket No. CP97±197±000] The technical portion of the protests must be filed as provided in application should not exceed twenty- Section 154.210 of the Commission’s Shell Gas Pipeline Company; Notice of five (25) doubled-spaced pages. For Regulations. Protests will be considered Request Under Blanket Authorization applications requesting continuation or by the Commission in determining the enhancements to previously awarded January 21, 1997. appropriate action to be taken, but will grants, the ‘‘Accomplishments Under Take notice that on December 30, not serve to make protestants parties to Previous Support’’ section should not 1996, Shell Gas Pipeline Company the proceeding. Copies of this filing are exceed ten (10) additional double- (SGPC) 200 North Dairy Ashford, on file with the Commission and are spaced pages. An abstract of less than Houston, Texas 77079, filed in Docket available for public inspection in the 200 words must be included with the No. CP97–197–000 a request pursuant to Public Reference Room. application. Lengthy appendices are Sections 157.205 and 157.212 of the discouraged. Lois D. Cashell, Commission’s Regulations under the Technical information on the ARM Secretary. Natural Gas Act (18 CFR 157.205, Program is available from the ARM [FR Doc. 97–1834 Filed 1–24–97; 8:45 am] 157.212) for authorization to establish a Program Office at Pacific Northwest BILLING CODE 6717±01±M new delivery point in Plaquemines Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3887

Parish, Louisiana, under Shell’s blanket South Georgia states that copies of the [Docket No. GT97±15±000] certificate issued in Docket No. CP97– filing have been served to all parties 172–000 pursuant to Section 7 of the listed on the official service lists Transcontinental Gas Pipe Line Corporation; Notice of Refund Report Natural Gas Act, all as more fully set compiled by the Secretary in this forth in the request that is on file with proceeding. January 21, 1997. the Commission and open to public Any person desiring to protest said Take notice that on December 9, 1996, inspection. filing should file a protest with the Transcontinental Gas Pipe Line Specifically, SGPC proposes to Federal Energy Regulatory Commission, Corporation (Transco) tendered for establish a new delivery point to 888 First Street, N.E., Washington, D.C. filing with the Federal Energy Southern Natural Gas Company 20426, in accordance with Section Regulatory Commission (Commission) (Southern) at the Venice Gas Plant in 385.211 of the Commission’s Rules and an amendment of a refund report in Plaquemines Parish, Louisiana, by accordance with Section 8.01(i) of constructing approximately 10 feet of Regulations. All such protests should be filed in accordance with Section Transco’s NIPPs–SE Rate Schedules x- 16-inch piping and appurtenances to tie 315, x-318, and x-324. into SGPC’s 16-inch transfer piping 154.210 of the Commission’s Transco states that on June 11, 1996, facilities at the Venice Plant yard. The Regulations. Protests will be considered it received a refund report from National new delivery point would be by the Commission in determining the Fuel Gas Supply Corporation (National established from SGPC’s Mississippi appropriate action to be taken, but will Fuel) related to transportation which Canyon Gathering System (MCGS) to not serve to make protestants parties to Transco utilized to render service under Southern and would have no impact on the proceeding. Copies of this filing are its Rate Schedules NIPPs–SE, LSS, and SGPC’s authorized rates. SGPC indicates on file with the Commission and are SS–2 for the time period 6/1/95 to 3/31/ that up to 150 MMcf/day of natural gas available for public inspection in the 96. An error in the calculation of the can be delivered to Southern at this new Public Reference Room. NIPPS–SE portion of the refund, point. SGPC also indicates that the new Lois D. Cashell, resulted in an over-refunded amount to point will have no change in the 600 Secretary. Transco. With an original Demand Flow MMcf/day capacity of the 30-inch [FR Doc. 97–1833 Filed 1–24–97; 8:45 am] Through Refund of $126,048.26 and a MCGS. corrected Demand Flow Through of BILLING CODE 6717±01±M Any person or the Commission’s staff $73,550.10 the adjustment is $52,498.16 may, within 45 days after issuance of which Transco paid National Fuel on the instant notice by the Commission, November 27, 1996. file pursuant to Rule 214 of the [Project No. 460±001] Any person desiring to be heard or to Commission’s Procedural Rules (18 CFR protest said filing should file a motion 385.214) a motion to intervene or notice City of Tacoma, Washington; Notice to intervene or protest with the Federal of intervention and pursuant to Section Requiring Service of Motion for Late Energy Regulatory Commission, 888 157.205 of the Regulations under the Intervention First Street, N.E., Washington, D.C. 20426, in accordance with Rules 214 or Natural Gas Act (18 CFR 157.205) a January 21, 1997. protest to the request. If no protest is 211 of the Commission’s Rules of filed within the time allowed therefor, On March 27, 1996, the Skokomish Practice and Procedure (18 CFR 385.214 the proposed activity shall be deemed to Watershed Coalition (Coalition) filed a or 385.211). All such motions or be authorized effective the day after the late motion to intervene in the above- protests should be filed on or before time allowed for filing a protest. If a captioned proceeding. However, the January 28, 1997. Protests will be protest is filed and not withdrawn Coalition’s motion did not include a considered by the Commission in within 30 days after the time allowed certificate of service, as required by Rule determining the appropriate action to be for filing a protest, the instant request 2010 of the Commission’s Rules of taken, but will not serve to make shall be treated as an application for Practice and Procedure. See 18 CFR protestants parties to the proceeding. authorization pursuant to Section 7 of 385.2010(a). As a result, it appears that Any person wishing to become a party the Natural Gas Act. parties to these proceedings may not must file a motion to intervene. Copies Lois D. Cashell, have been served and may not have had of this filing are on file with the Commission and are available for public Secretary. an opportunity to file answers to the inspection. [FR Doc. 97–1830 Filed 1–24–97; 8:45 am] Coalition’s late motion. Lois D. Cashell, BILLING CODE 6717±01±M The Coalition will not be required to refile its motion to intervene. However, Secretary. before the Commission considers [FR Doc. 97–1831 Filed 1–24–97; 8:45 am] BILLING CODE 6717±01±M [Docket No. RP97±78±001] whether to grant late intervention, the Coalition must serve a copy of this South Georgia Natural Gas Company; motion on each person whose name [Docket No. RP97±229±000] Notice of Refund Report appears on the official service list for this proceeding, and file a certificate of U±T Offshore System; Notice of January 21, 1997. service with the Commission. The 15- Proposed Changes in FERC Gas Tariff Take notice that on December 19, day period for filing answers to the January 21, 1997. 1996, South Georgia Natural Gas Coalition’s motion will begin as of the Company (South Georgia) tendered for Take notice that on January 16, 1997, date that the Coalition files its certificate U–T Offshore System (U–TOS) tendered filing its refund report. of service. See 18 CFR 385.213(d). South Georgia states that the refund for filing as part of its FERC Gas Tariff, report sets forth the amount refunded on Lois D. Cashell, Third Revised Volume No. 1, the November 22, 1996 to all shippers who Secretary. following tariff sheets, to become paid the volumetric take-or-pay [FR Doc. 97–1832 Filed 1–24–97; 8:45 am] effective February 1, 1997: surcharge during October 1996. BILLING CODE 6717±01±M Fourth Revised Sheet No. 4, 3888 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

Second Revised Sheet No. 33, Volume No. 1, Substitute Third Revised Second Revised Volume No. 1 Second Revised Sheet No. 34, Sheet Nos. 8C and 8D, with the Twenty-second Revised Sheet No. 15 Original Sheet No. 34A, proposed effective date of February 1, Twenty-fifth Revised Sheet No. 16 First Revised Sheet No. 54, 1997. Second Revised Sheet No. 54A, and Twenty-second Revised Sheet No. 18 Fifth Revised Sheet No. 73 WNG states that on December 31, Nineteenth Revised Sheet No. 21 1996, it filed, pursuant to Article 14 of U–TOS asserts that the purpose of this the General Terms and Conditions of its Original Volume No. 2 filing is to comply with the FERC Gas Tariff, Second Revised Sixty-sixth Revised Sheet No. 11B Commission’s October 12, 1993, letter Volume No. 1, its first quarter 1997 order in the captioned proceeding, U–T report of take-or-pay buyout, buydown Williston Basin states that it has Offshore System, 65 FERC ¶61,054 and contract reformation costs and gas determined that the take-or-pay (1993) that approved U–TOS’ line pack supply related transition costs, and the amounts associated with Docket No. settlement. In addition, take notice that application or distribution of those costs RP96–93–000 have been fully recovered U–TOS also filed, also assertedly in and refunds. as of December 31, 1996. As a result, the compliance with such Commission WNG states that the instant filing is instant tariff sheets reflect the letter order, Final Reports of line pack being made to revise Schedule 4 of the elimination of the throughput surcharge surcharge collections and payments original filing to reflect revision of associated with Docket No. RP96–93– which reflect the completion of the line certain customers’ January MDTQ’s 000, effective January 1, 1997. Williston pack cost recovery and disbursement which were not finalized until after Basin further states that it will file a process as of December 20, 1996. January 1, 1997. All other aspects of final reconciliation of such throughput U–TOS states that the purpose of WNG’s December 31 filing are surcharge at the time of its next annual these filings is to reflect the completion unchanged. reconciliation, to be filed May 30, 1997, of the line pack recovery and WNG states that a copy of its filing at which time all appropriate disbursement process contemplated by was served on all participants listed on accounting will be finalized. At that its approved line pack settlement, and the service lists maintained by the time, Williston Basin will propose a the removal of the line pack commodity Commission in the dockets referenced mechanism for final disposition of any surcharge provisions that were above and on all of WNG’s jurisdictional overcollections. contained in Section 15 of the General customers and interested state Williston Basin also states that on Terms and Conditions and related commissions. provisions of U–TOS’ tariff in light of December 31, 1996, it filed its Semi- Any person desiring to protest this annual Fuel Reimbursement Adjustment such completed process. filing should file a protest with the Any person desiring to be heard or to filing in Docket No. TM97–2–49–000. Federal Energy Regulatory Commission, The tariff sheets in that filing reflected protest said filing should file a motion 888 First Street, NE., Washington, DC to intervene or protest with the Federal an effective date of February 1, 1997. 20426, in accordance with Section Therefore, Williston Basin filed the Energy Regulatory Commission, 888 385.211 of the Commission’s Rules and following revised tariff sheets to its First Street, N.E., Washington, D.C. Regulations. All such protests must be December 31, 1996 filing in Docket No. 20426, in accordance with Sections filed as provided in Section 154.210 of TM97–2–49–000 to reflect the reduction 385.214 or 385.211 of the Commission’s the Commission’s Regulations. Protests in the take-or-pay surcharge reflected in Rules and Regulations. All such motions will be considered by the Commission the instant filing: or protests must be filed in accordance in determining the appropriate action to with Section 154.210 of the be taken, but will not serve to make Second Revised Volume No. 1 Commission’s Regulations. Protests will protestants parties to the proceedings. be considered by the Commission in Sub Twenty-first Revised Sheet No. 15 Copies of this filing are on file with the Sub Twenty-fourth Revised Sheet No. 16 determining the appropriate action to be Commission and are available for public taken, but will not serve to make Sub Twenty-first Revised Sheet No. 18 inspection in the Public Reference Sub Eighteenth Revised Sheet No. 21 protestants parties to the proceeding. Room. Any person wishing to become a party Lois D. Cashell, Original Volume No. 2 must file a motion to intervene. Copies Secretary. Sub Sixty-fifth Revised Sheet No. 11B of these filings are on file with the Commission and are available for public [FR Doc. 97–1836 Filed 1–24–97; 8:45 am] Any person desiring to be heard or to inspection in the Public Reference BILLING CODE 6717±01±M protest said filing should file a motion Room. to intervene or protest with the Federal Lois D. Cashell, Energy Regulatory Commission, 888 Secretary. [Docket Nos. RP97±227±000 and TM97±2± First Street N.W., Washington, D.C. 49±001] [FR Doc. 97–1838 Filed 1–24–97; 8:45 am] 20426, in accordance with Sections 385.214 and 385.211 of the BILLING CODE 6717±01±M Williston Basin Interstate Pipeline Commission’s Rules and Regulations. Company; Notice of Proposed Changes in FERC Gas Tariff All such motions or protests must be [Docket No. RP97±220±001] filed in accordance with Section Williams Natural Gas Company; Notice January 21, 1997. 154.210 of the Commission’s of Proposed Changes in FERC Gas Take notice that on January 14, 1997, Regulations. Protests will be considered Tariff Williston Basin Interstate Pipeline by the Commission in determining the Company (Williston Basin), tendered for appropriate action to be taken, but will January 21, 1997. filing as part of its FERC Gas Tariff, not serve to make protestants parties to Take notice that on January 13, 1997, Second Revised Volume No. 1 and the proceeding. Any person wishing to Williams Natural Gas Company (WNG), Original Volume No. 2, the following become a party must file a motion to tendered for filing to become part of its revised tariff sheets to become effective intervene. Copies of this filing are on FERC Gas Tariff, Second Revised January 1, 1997: file with the Commission and are Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3889 available for public inspection in the Existing Facilities of this proposed action and encourage Public Reference Room. The Hopkinton LNG Plant was them to comment on their areas of Lois D. Cashell, constructed in 1967 and consists of concern. Because the LNG plant is an existing Secretary. natural gas liquefaction, LNG storage, and LNG revaporization facilities. The facility and no new additions or [FR Doc. 97–1837 Filed 1–24–97; 8:45 am] modifications are proposed, the EA will BILLING CODE 6717±01±M plant was designed to supply Commonwealth’s gas utility needs by focus on the operation of the proposed liquefying and storing natural gas in the project, the cryogenic design aspects of summer for revaporization during peak the plant, and public safety including [Docket No. CP97±156±000] periods in the winter heating season. LNG trucking. The Hopkinton LNG Plant has a design Prior to finalizing the EA, the FERC Hopkinton LNG Corporation; Notice of liquefaction rate of 17 million cubic feet staff will meet with representatives of Intent To Prepare an Environmental per day (MMCFD) and a sendout Hopkinton (time and location to be Assessment for the Proposed capacity of 240 MMCFD. The LNG is noticed at a later date) to conduct a Hopkinton LNG Project and Request stored in three 290,000-barrel LNG cryogenic design and engineering for Comments on Environmental storage tanks. review of the LNG facility at Hopkinton, Issues The Hopkinton LNG Plant receives Massachusetts. Our independent analysis of the January 21, 1997. gas for liquefaction and storage through the facilities of Tennessee Gas Pipeline. issues will be in the EA. Depending on The staff of the Federal Energy Although not used to date, the plant is the comments received during the Regulatory Commission (FERC or also able to receive gas through the scoping process, the EA may be Commission) will prepare an facilities of Algonquin Gas published and mailed to Federal, state, environmental assessment (EA) that will Transmission. Additionally, the plant and local agencies, public interest discuss the environmental impacts of can receive LNG by tanker truck. groups, interested individuals, affected the operation of facilities at the landowners, newspapers, libraries, and Hopkinton, Massachusetts LNG Plant. Proposed Facilities the Commission’s official service list for This EA will be used by the Hopkinton does not propose any new this proceeding. A comment period will Commission in its decision-making facilities or any modifications to be allotted for review if the EA is process to determine whether an existing facilities. The Hopkinton LNG published. We will consider all environmental impact statement is Plant would continue to be operated comments on the EA before we necessary and whether to approve the and maintained by APCI on behalf of recommend that the Commission project.1 Hopkinton. approve or not approve the project. The location of the Hopkinton LNG Public Participation Summary of the Proposed Project Plant is shown in appendix 1.2 You can make a difference by sending Hopkinton LNG Corporation Land Requirements for Construction a letter addressing your specific (Hopkinton) is seeking approval to No additional land is required since comments or concerns about the project. operate in interstate commerce an Hopkinton does not propose any You should focus on the potential existing liquefied natural gas (LNG) additions or modifications to the environmental effects of the proposal, peak-shaving facility located in existing facility. alternatives to the proposal, and Hopkinton, Massachusetts. The facility measures to avoid or lessen The EA Process is owned by Hopkinton and operated environmental impact. The more and maintained by Air Products and The National Environmental Policy specific your comments, the more useful Chemicals, Inc. (APCI). The LNG facility Act (NEPA) requires the Commission to they will be. Please follow the is currently operated to provide LNG take into account the environmental instructions below to ensure that your storage, liquefaction, and vaporization impacts that could result from an action comments are received and properly services to Commonwealth Gas whenever it considers the issuance of a recorded: Company (Commonwealth), certificate of public convenience and • Address your letter to: Lois Cashell, Hopkinton’s affiliated local distribution necessity. NEPA also requires us to Secretary, Federal Energy Regulatory company. Commonwealth no longer discover and address concerns the Commission, 888 First St., NE., needs as much of Hopkinton’s capacity public may have about proposals. We Washington, DC 20426; to support its local distribution call this ‘‘scoping’’. The main goal of the • Reference Docket No. CP97–156– operations as it has in the past. scoping process is to focus the analysis 000; Therefore, Hopkinton requests in the EA on the important • Send a copy of your letter to: Mr. authorization to lease to COM/Energy environmental issues. By this Notice of James Dashukewich, EA Project Resources, Inc. (Resources), its affiliated Intent, the Commission requests public Manager, Federal Energy Regulatory marketing company, the capacity in the comments on the scope of the issues it Commission, 888 First St., NE., Room Hopkinton LNG facility that is not will address in the EA. All comments 71–44, Washington, DC 20426; and required by Hopkinton to serve received are considered during the • Mail your comments so that they Commonwealth on a firm basis. preparation of the EA. State and local are received in Washington, DC on or Resources would use the leased capacity government representatives are before February 14, 1997. to support its own natural gas marketing encouraged to notify their constituents Becoming an Intervenor activities and would not provide any LNG storage, liquefaction, or 2 The appendices referenced in this notice are not In addition to involvement in the EA vaporization services to third parties. being printed in the Federal Register. Copies are scoping process, you may want to available from the Commission’s Public Reference become an official party to the and Files Maintenance Branch, 888 First Street, NE, 1 Hopkinton LNG Corporation’s application was Washington, DC 20426, or call (202) 208–1371. proceeding or an ‘‘intervenor’’. Among filed under Section 7 of the Natural Gas Act and Copies of the appendices were sent to all those other things, intervenors have the right Part 157 of the Commission’s regulations. receiving this notice in the mail. to receive copies of case-related 3890 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

Commission documents and filings by distribution company, marketers, and scoping process is to focus the analysis other intervenors. Likewise, each other end users. Viking seeks authority in the EA on the important intervenor must provide copies of its to construct and operate the following environmental issues. By this Notice of filings to all other parties. If you want facilities in Minnesota: Intent, the Commission requests public to become an intervenor, you must file • 9.1 miles of loop in Kittson County; comments on the scope of the issues it a motion to intervene according to Rule • 11.9 miles of loop in Polk County; will address in the EA. All comments 214 of the Commission’s Rules of • 7.1 miles of loop in Norman and received are considered during the Practice and Procedure (18 CFR Clay Counties; preparation of the EA. State and local 385.214) (see appendix 2). • The Perham Meter Station in Otter government representatives are Filing of timely motions to intervene Tail County; encouraged to notify their constituents in this proceeding should be made on or • Piping and valves at various of this proposed action and encourage before February 14, 1997. Once this date existing facilities; them to comment on their areas of has passed, parties seeking to file late • Crossover assemblies at the end of concern. interventions must show good cause, as each new loop; The EA will discuss impacts that • required by section 385.214(b)(3), why 4,700 horsepower (hp) of could occur as a result of the this time limitation should be waived. compression at each of the following construction and operation of the Environmental issues have been viewed existing compressor stations: proposed project under these general as good cause for late intervention. You —Angus Compressor Station in Polk headings: • do not need intervenor status to have County; Geology and soils. • your scoping comments considered. —Ada Compressor Station in Norman Water resources, fisheries, and County; wetlands. If you are interested in obtaining • detailed maps of this project, or —Frazee Compressor Station in Otter Vegetation and wildlife. • Endangered and threatened species. procedural information, contact Mr. Tail County; • —Staples Compressor Station in Todd Public safety. James Dashukewich, EA Project • Land use. Manager, at (202) 208–0117. County; and • —Milaca Compressor Station in Mille Cultural resources. Lois D. Cashell, • Air quality and noise. Lacs County Secretary. • Hazardous waste. [FR Doc. 97–1829 Filed 1–24–97; 8:45 am] The location of the project facilities is We will also evaluate possible shown in appendix 1.2 If you are BILLING CODE 6717±01±M alternatives to the proposed project or interested in obtaining detailed maps of portions of the project, and make a specific portion of the project, or recommendations on how to lessen or [Docket No. CP97±93±000] procedural information, contact the avoid impacts on the various resource Project Manager identified at the end of areas. Viking Gas Transmission Company; this notice. Our independent analysis of the Notice of Intent to Prepare an Land Requirements for Construction issues will be in the EA. Depending on Environmental Assessment for the the comments received during the Proposed Viking 1997 Expansion Construction of the loops would scoping process, the EA may be Project and Request for Comments on require about 355 acres of land, published and mailed to Federal, state, Environmental Issues including about 302 acres of existing and local agencies, public interest January 21, 1997. right-of-way. No new permanent right- groups, interested individuals, official The staff of the Federal Energy of-way would be required for this landowners, newspapers, libraries, and Regulatory Commission (FERC or proposal. All construction at the the Commission’s official service list for Commission) will prepare an compression stations would take place this proceeding. A comment period will environmental assessment (EA) that will within the existing fenced yard. The be allotted for review if the EA is discuss the environmental impacts of new Perham Meter Station would published. We will consider all the construction and operation of the require about 0.3 acre of land. Following comments on the EA before we facilities, about 29.4 miles of 24-inch construction, all areas would be restored recommend that the Commission diameter loop, 23,500 horsepower (hp) and allowed to revert to their former approve or not approve the project. of compression, and a meter station, use, except for the Perham Meter Station. Currently Identified Environmental proposed in the Viking 1997 Expansion Issues Project.1 This EA will be used by the The EA Process We have already identified several Commission in its decisionmaking The National Environmental Policy issues that we think deserve attention process to determine whether an Act (NEPA) requires the Commission to based on a preliminary review of the environmental impact statement is take into account the environmental proposed facilities and the necessary and whether to approve the impacts that could result from an action environmental information provided by project. whenever it considers the issuance of a Viking. This preliminary list of issues Summary of the Proposed Project Certificate of Public Convenience and may be changed based on your Necessity. NEPA also requires us to comments and our analysis. Viking Gas Transmission Company • (Viking) wants to expand the capacity of discover and address concerns the A total of 345.3 acres of agricultural its facilities in Minnesota to transport an public may have about proposals. We land, of which 341 acres contains prime additional 61,300 dekatherms per day of call this ‘‘scoping’’. The main goal of the farmland soils, would be disturbed by natural gas to various customers construction. 2 The appendices referenced in this notice are not • The impact of noise on residences including a municipal utility, a local being printed in the Federal Register. Copies are near the five compressor stations. available from the Commission’s Public Reference 1 Viking Gas Transmission Company’s application and Files Maintenance Branch, 888 First Street, Public Participation was filed with the Commission under Section 7 of N.E., Washington, D.C. 20426, or call (202) 208– the Natural Gas Act and Part 157 of the 1371. Copies of the appendices were sent to all You can make a difference by sending Commission’s regulations. those receiving this notice in the mail. a letter addressing your specific Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3891 comments or concerns about the project. Sunshine Act Meeting Docket# ER97–30 000 Kincaid You should focus on the potential Generation, L.L.C. environmental effects of the proposal, January 22, 1997. CAE–5. # alternatives to the proposal (including The following notice of meeting is Docket ER97–772 000 Pacificorp alternative locations/routes), and published pursuant to Section 3(A) of CAE–6. Docket# ER96–2362 000 Tucson Electric measures to avoid or lessen the Government in the Sunshine Act (Pub. L. No. 94–409), 5 U.S.C. 552B: Power Company environmental impact. The more CAE–7. AGENCY HOLDING MEETING: FEDERAL specific your comments, the more useful Docket# ER96–2367 000 ENERGY REGULATORY they will be. Please follow the Commonwealth Edison Company and instructions below to ensure that your COMMISSION. Commonwealth Edison Company of comments are received and properly DATE AND TIME: January 29, 1997, 10:00 Indiana, Inc. recorded: a.m. CAE–8. • Address your letter to: Lois Cashell, PLACE: Room 2C, 888 First Street, N.E., Omitted Secretary, Federal Energy Regulatory Washington, D.C. 20426. CAE–9. Docket# OA96–183 000 American Commission, 888 First St., N.E., STATUS: Open. Washington, DC 20426; Electric Power Service Corporation MATTERS TO BE CONSIDERED: Agenda. • Reference Docket No. CP97–93– *Note—Items listed on the agenda Other#S OA96–19 000 Northeast 000; • may be deleted without further notice. Utilities Service Company Send a copy of your letter to: Ms. OA96–21 000 Public Service Company of Laura Turner, Project Manager, Federal CONTACT PERSON FOR MORE INFORMATION : Lois D. Cashell, Secretary, Telephone Colorado and Cheyenne Light, Fuel and Energy Regulatory Commission, 888 Power Company First St., N.E., PR–11.1, Washington, DC (202) 208–0400; for a recording listing OA96–38 000 Long Island Lighting 20426; and items stricken from or added to the Company • Mail your comments so that they meeting, call (202) 208–1627. OA96–39 000 Florida Power & Light will be received in Washington, DC on This is a list of matters to be Company or before February 24, 1997. considered by the commission. It does OA96–70 000 Boston Edison Company not include a listing of all papers OA96–73 000 Florida Power Corporation If you wish to receive a copy of the EA, relevant to the items on the agenda; OA96–74 000 New England Power you should request one from Ms. Turner however, all public documents may be Company at the above address. examined in the reference and OA96–76 000 Southern California Edison Becoming an Intervenor Company information center. OA96–77 000 Consumers Power Company In addition to involvement in the EA Consent Agenda—Hydro 666th Meeting— OA96–78 000 Detroit Edison Company scoping process, you may want to January 29, 1997 Regular Meeting (10:00 OA96–79 000 Wisconsin Public Service become an official party to the A.M.) Corporation proceeding or become an ‘‘intervenor’’. CAH–1. OA96–114 000 Jersey Central Power & Among other things, intervenors have Docket# P–2105 042 Pacific Gas and Light Company, Metropolitan Edison Electric Company Company and Pennsylvania Electric the right to receive copies of case- Company related Commission documents and CAH–2. Docket# P–2232 319 Duke Power OA96–116 000 Tampa Electric Company filings by other intervenors. Likewise, OA96–138 000 Consolidated Edison each intervenor must provide copies of Company CAH–3. Company of New York its filings to all other parties. If you Docket# P–4797 049 Cogeneration, Inc. OA96–153 000 Arizona Public Service want to become an intervenor you must CAH–4. Company file a motion to intervene according to Docket# P–10536 004 Public Utility OA96–158 000 Entergy Services, Inc. Rule 214 of the Commission’s Rules of District No. 1 of Okanogan County, OA96–165 000 Delmarva Power & Light Practice and Procedure (18 CFR Washington Company 385.214) (see appendix 2). CAH–5. OA96–166 000 Commonwealth Edison Company The date for filing timely motions to Docket# P–1388 001 Southern California Edison Company OA96–184 000 Citizens Utilities Company intervene in this proceeding has passed. OA96–194 000 Niagara Mohawk Power Therefore, parties now seeking to file CAH–6. Docket# P–1389 001 Southern Corporation late interventions must show good California Edison Company OA96–195 000 New York State Electric & cause, as required by section CAH–7. Gas Corporation 385.214(b)(3), why this time limitation Docket# P–4715 006 Felts Mills Energy OA96–198 000 Carolina Power & Light should be waived. Environmental issues Partners, L.P. Company have been viewed as good cause for late OA96–200 000 El Paso Electric Company Consent Agenda—Electric intervention. OA96–204 000 Cleveland Electric CAE–1. Illuminating company and Toledo Docket No. CP97–93–000 Docket# ER96–2401 000 Arizona Public Edison Company Service Company CAE–10. You do not need intervenor status to Docket# ER96–2677 002 Central have your scoping comments Other#S OA96–153 000 Arizona Public Louisiana Electric Company, Inc. considered. Service Company CAE–11. Additional procedural information CAE–2. Docket# EL95–53 000 Arizona Public about the proposed project is available Docket# ER97–678 000 New England Service Commission v. Entergy Services, from Ms. Laura Turner, Project Manager, Power Company Inc. at (202) 208–0916. CAE–12. # # Lois D. Cashell, Other S ER97–680 000 New England Docket EL95–51 000 Midwest Power Power Company Systems, Inc. Secretary. CAE–3. CAE–13. [FR Doc. 97–1828 Filed 1–24–97; 8:45 am] Docket# ER97–703 000 Ensource Docket# ER92–592 005 Yankee Atomic BILLING CODE 6717±01±M CAE–4. Electric Company 3892 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

Consent Agenda—Gas and Oil Other#S RP96–346 001 Southern Docket# IS94–10 008 Amerada Hess CAG–1. Natural Gas Company Pipeline Corporation Docket# RP95–408 014 Columbia Gas CAG–18. # # Transmission Company Docket RP96–16 002 Natural Gas Other S IS94–11 008 ARCO Pipeline Company of America Transportation Alaska, Inc. Other#s RP95–408 017 Columbia Gas IS94–12 008 BP Pipelines (Alaska) Inc. Transmission Company Other#S RP93–36 016 Natural Gas IS94–13 007 Mobil Alaska Pipeline RP97–219 000 Columbia Gas Pipeline Company of America Company Transmission Company CAG–19. IS94–14 008 Exxon Pipeline Company CAG–2. Docket# RP96–341 001 Koch Gateway IS94–15 008 Mobil Alaska Pipeline Docket# RP97–200 000 Tennessee Gas Pipeline Company Company Pipeline Company IS94–16 008 Phillips Alaska Pipeline CAG–3. Other#S CP94–327 003 Koch Gateway Corporation Omitted Pipeline Company IS94–17 008 Unocal Pipeline Company CAG–4. CP94–327 004 Koch Gateway Pipeline IS94–31 008 Unocal Pipeline Company Docket# RP97–213 000 CNG Company IS94–34 007 Arco Transporation Transmission Corporation RP96–341 002 Koch Gateway Pipeline Alaska, Inc. Company IS94–38 008 Phillips Alaska Pipeline Other#s RP94–96 020 CNG CAG–20. Corporation Transmission Corporation Omitted OR94–2 003 Trans Alaska Pipeline CAG–5. CAG–21. System Docket# RP97–222 000 ANR Pipeline Docket# RP97–57 001 Noram Gas CAG–34. # Company Transmission Company Docket MG96–16 001 Mojave Pipeline CAG–6. CAG–22. Company Omitted # CAG–35. Docket RP96–173 004 Williams # CAG–7. Natural Gas Company Docket MG97–6 000 Iroquois Gas Docket# RP97–215 000 Williston Basin Transmission System, L.P. Interstate Pipeline Company # CAG–36. Other S RP89–183 068 Williams # CAG–8. Natural Gas Company Docket RM96–1 003 Standards for # Docket RP97–220 000 Williams CAG–23. Business Practices of Interstate Natural Natural Gas Company Omitted Gas Pipelines CAG–24. CAG–37. # # Other S RP89–183 069 Williams Docket# RP96–200 012 Noram Gas Docket CP95–581 001 Midwestern Gas Transmission Company and Trunkline Natural Gas Company Transmission Company RP97–220 001 Williams Natural Gas Gas Company CAG–38. Company Other#S RP96–331 005 National Fuel Docket# CP96–104 001 Texas Gas CAG–9. Gas Supply Corporation Docket# RP97–223 000 Midwestern Gas Transmission Corporation CAG–25. Transmission Company Docket# RP97–71 002 Transcontinental CAG–10. Other#S CP96–630 001 Mississippi Gas Pipe Line Corporation Omitted Valley Gas Company V. Texas Gas CAG–11. Transmission Corporation Other#S RP95–197 022 Docket# RP95–197 021 CAG–39. Transcontinental Gas Pipe Line Transcontinental Gas Pipe Line Omitted Corporation Corporation CAG–40. CAG–26. # Omitted Other#S RP96–211 006 Docket RP96–390 002 Columbia Gas CAG–41. Transcontinental Gas Pipe Line Transmission Corporation Docket# CP96–678 000 Garden Banks Corporation # Gas Pipeline, LLC CAG–12. Other S RP96–389 002 Columbia Gulf Docket# RP96–317 000 Great Lakes Gas Transmission Company Other#S CP96–679 000 Garden Banks Transmission Limited Partnership CAG–27. # Gas Pipeline, LLC CAG–13. Docket RP96–312 004 Tennessee Gas CAG–42. Docket# RP96–338 000 Texas Eastern Pipeline Company Docket# CP96–684 000 Interenergy Transmission Corporation CAG–28. Sheffield Processing Company # Docket RP96–320 005 Koch Gateway CAG–43. Other#s RP96–338 001 Texas Eastern Pipeline Company Omitted Transmission Corporation CAG–29. CAG–44. CAG–14. Omitted Docket# CP96–737 000 Texas-Ohio Docket# RP96–383 001 CNG CAG–30. Pipeline, Inc. Transmission Corporation Docket# RP95–197 020 CAG–15. Transcontinental Gas Pipe Line Other#S CP96–737 001 Texas-Ohio Docket# RP97–13 001 East Tennessee Corporation Pipeline, Inc. Natural Gas Company CAG–45. CAG–16. Other#S CP95–737 003 Texas Eastern Docket# RP97–91 000 Gasdel Pipeline Transmission Corporation, et al. Omitted System, Inc. RP96–44 004 Transcontinental Gas Pipe CAG–46. Line Corporation Docket# RM97–1 000 Applications for Other#S RP97–92 000 Gasdel Pipeline CAG–31. Authorization to Construct, Operate, or System, Inc. Docket# RP95–112 018 Tennessee Gas Modify Facilities, et al. RP97–163 000 WestGas Interstate, Inc. Pipeline Company CAG–47. RP97–164 000 Texas-Ohio Pipeline, Inc. CAG–32. Docket# RP97–165 000 Alabama- CAG–17. Docket# RP92–137 037 Tennessee Natural Gas Company Docket# RP96–346 000 Southern Transcontinental Gas Pipe Line Natural Gas Company Corporation Hydro Agenda CAG–33. H–1. Reserved Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3893

Electric Agenda 15. The Federal Register Notice [FRL±5680±6] E–1. required under 5 CFR 1320.8(d), Reserved soliciting comments on this collection Agency Information Collection Activities Under OMB Review; Oil and Gas Agenda of information was published on 11/7/ 96 (61 FR 57672). No comments were Standards of Performance for New I. Pipeline Rate Matters received. Stationary Sources; Wool Fiberglass PR–1. Insulation Manufacturing Plants Burden Statement: The annual public Reserved (Subpart PPP), OMB#2060±0114, EPA reporting and recordkeeping burden for II. Pipeline Certificate Matters #1160.05 PC–1. this collection of information is Reserved estimated to average 20 hours and 20 AGENCY: Environmental Protection Lois D. Cashell, minutes hours per response. Burden Agency (EPA). Secretary. means the total time, effort, or financial ACTION: Notice. [FR Doc. 97–2016 Filed 1–23–97; 4:00 pm] resources expended by persons to SUMMARY: BILLING CODE 6717±01±P generate, maintain, retain, or disclose or In compliance with the provide information to or for a Federal Paperwork Reduction Act (44 U.S.C. agency. This includes the time needed 3507(a)(1)(D), this notice announces that ENVIRONMENTAL PROTECTION to review instructions; to develop, the Information Collection Request (ICR) AGENCY acquire, install, and utilize technology for Standards of Performance for New and systems for the purposes of Stationary Sources—Wool Fiberglass [FRL±5680±7] collecting, validating, and verifying Insulation Manufacturing Plants—NSPS information, processing and Subpart PPP (OMB #2060–0114) Agency Information Collection maintaining information, and disclosing described below has been forwarded to Activities: Submission for OMB and providing information; to adjust the the Office of Management and Budget Review; Comment Request; Conflict of existing ways to comply with any (OMB) for review and approval. The ICR Interest previously applicable instructions and describes the nature of the information AGENCY: Environmental Protection requirements; to train personnel to be collection and its expected burden and Agency (EPA). able to respond to a collection of cost; where appropriate, it includes the ACTION: Notice. information; to search data sources; to actual data collection instrument. complete and review the collection of DATES: Comments must be submitted on SUMMARY: In compliance with the information; and to transmit or or before February 26, 1997. Paperwork Reduction Act (44 U.S.C. otherwise disclose the information. FOR FURTHER INFORMATION OR A COPY 3501 et seq.), this notice announces that Respondents/Affected Entities: EPA CALL: Sandy Farmer at EPA, (202) 260– the following Information Collection contractors. 2740, and refer to EPA ICR No.1160.05. Request (ICR) has been forwarded to the Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: Office of Management and Budget 150. (OMB) for review and approval: Conflict Frequency of Response: 68 per Title: Standards of Performance for of Interest; OMB Control No. 2030– contract. Wool Fiberglass Insulation 0023; expiration date 3/31/96. The ICR Estimated Total Annual Hour Burden: Manufacturing Plants (OMB Control describes the nature of the information 207,450 hours. No.2060–0114; EPA ICR No 1160.05, collection and its expected burden and expiring 4/30/97). This is a request for Estimated Total Annualized Cost cost; where appropriate, it includes the extension of a currently approved Burden: $9,919,650. actual data collection instrument. collection. Send comments on the Agency’s need DATES: Comments must be submitted on Abstract: The Administrator has or before February 26, 1997. for this information, the accuracy of the judged that PM emissions from wool provided burden estimates, and any fiberglass insulation manufacturing FOR FURTHER INFORMATION OR A COPY suggested methods for minimizing CALL: plants cause or contribute to air Sandy Farmer at EPA, (202) 260– respondent burden, including through 2740, and refer to EPA ICR No. 1550.04. pollution that may reasonably be the use of automated collection anticipated to endanger public health or SUPPLEMENTARY INFORMATION: techniques to the following addresses. welfare. Owners/operators of wool Title: Conflict of Interest (OMB Please refer to EPA ICR No. 1550.04 and fiberglass insulation manufacturing Control No. 2030–0023; EPA ICR OMB Control No. 2030–0023 in any plants must notify EPA of construction, No.1550.04) expiring 3/31/97. This is a correspondence. modification, startups, shut downs, date request for extension of a currently Ms. Sandy Farmer, U.S. Environmental and results of initial performance test approved collection. Protection Agency, OPPE Regulatory and provide semiannual reports of Abstract: Contractors must disclose to Information Division (2137), 401 M excess emissions. EPA contracting offices all actual or Street, SW., Washington, DC 20460 In order to ensure compliance with potential conflicts of interest, and and the standards promulgated to protect certify to this on either a work Office of Information and Regulatory public health, adequate reporting and assignment or an annual basis. The Affairs, Office of Management and recordkeeping is necessary. In the information will be used by the Agency Budget, Attention: Desk Officer for absence of such information to mitigate or neutralize all conflicts. EPA, 725 17th Street, NW., enforcement personnel would be unable An agency may not conduct or Washington, DC 20503. to determine whether the standards are sponsor, and a person is not required to being met on a continuous basis, as respond to, a collection of information Dated: January 21, 1997. required by the Clean Air Act. unless it displays a currently valid OMB Joseph Retzer, An agency may not conduct or control number. The OMB control Director, Regulatory Information Division. sponsor, and a person is not required to numbers for EPA’s regulations are listed [FR Doc. 97–1879 Filed 1–24–97; 8:45 am] respond to, a collection of information in 40 CFR Part 9 and 48 CFR Chapter BILLING CODE 6560±50±P unless it displays a currently valid OMB 3894 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices control number. The OMB control [OPPTS±42191; FRL±5585±2] 2. State of the science regarding numbers for EPA’s regulations are listed endocrine disruption. in 40 CFR Part 9 and 48 CFR Chapter Endocrine Disruptors; Notice of Public 3. Structure activity relationships. 15. The Federal Register Notice Meeting 4. Existing screening and testing required under 5 CFR 1320.8(d), AGENCY: Environmental Protection programs and protocols. soliciting comments on this collection Agency (EPA). 5. Public comment session. of information was published on August February 6 30, 1996, in Federal Register Vol 61, ACTION: Notice of public meeting. Number 170. No comments were SUMMARY: EPA is announcing the 1. Discussion and approval of received. second meeting of the Endocrine principles to guide the screening and Burden Statement: The annual public Disruptors Screening and Testing testing program. reporting and recordkeeping burden for Advisory Committee (EDSTAC), a 2. Discussion and approval of this collection of information is committee established under the membership of the screening and estimated to average 1410 hours per provisions of the Federal Advisory testing, and priority setting workgroups. response. Burden means the total time, Committee Act (FACA) to advise EPA Dated: January 17, 1997. effort, or financial resources expended on a strategy for screening chemicals by persons to generate, maintain, retain, and pesticides for their potential to Lynn R. Goldman, or disclose or provide information to or disrupt endocrine function in humans Assistant Administrator for Prevention, for a Federal agency. This includes the and wildlife. Pesticides and Toxic Substances. time needed to review instructions; DATES: The meeting will begin on develop, acquire, install, and utilize [FR Doc. 97–1875 Filed 1–24–97; 8:45 am] February 5 at 9 a.m. and adjourn technology and systems for the purposes BILLING CODE 6560±50±F February 6 at 4 p.m. of collecting, validating, and verifying information, processing and ADDRESSES: The meeting will be held at maintaining information, and disclosing the Wyndham Warick Hotel, 5701 Main FEDERAL COMMUNICATIONS and providing information; adjust the Street in Houston, Texas. The telephone COMMISSION existing ways to comply with any number at the hotel is 713–526–1991; previously applicable instructions and fax: 713–639–4545. Public Information Collection requirements; train personnel to be able FOR FURTHER INFORMATION CONTACT: For Requirements Submitted to Office of to respond to a collection of technical information, contact Dr. Management and Budget (OMB) for information; search data sources; Anthony Maciorowski (telephone: 202– Review 260–3048; e-mail: complete and review the collection of January 17, 1997. information; and transmit or otherwise [email protected]) or Mr. Gary Timm (telephone: 202–260– The Federal Communications disclose the information. Commission has submitted the Respondents/Affected Entities: 20. 1859; e-mail: Estimated Number of Respondents: [email protected]) at EPA. To following information collections to 20. obtain additional information please OMB for review. For further information Frequency of Response: 2. contact the contractor assisting EPA contact Dorothy Conway, Federal Estimated Number of Responses: 40. with meeting facilitation and logistics: Communications Commission, (202) Estimated Total Annual Hour Burden: Ms. Tutti Otteson, The Keystone Center, 418–0217. 1410 hours. P.O. Box 8606, Keystone, CO 80435; In Revision of ARMIS Quarterly Estimated Total Annualized Cost telephone: 970–468–5822; fax: 970– Report (FCC Report 43–01), ARMIS Burden: $49,350. 262–0152; e-mail: USOA Report (FCC Report 43–02), Send comments on the Agency’s need [email protected]. ARMIS Joint Cost Report (FCC Report for this information, the accuracy of the 43–03), ARMIS Access Report (FCC SUPPLEMENTARY INFORMATION: EPA’s provided burden estimates, and any Office of Prevention, Pesticides and Report 43–04), ARMIS Quarterly Service suggested methods for minimizing Toxic Substances is taking the lead for Quality Report (FCC Report 43–05), respondent burden, including through the Agency on endocrine disruption ARMIS Semi-Annual Service Quality the use of automated collection screening and testing required by recent Report (FCC Report 43–06), ARMIS techniques to the following addresses. legislation (i.e., reauthorization of the Infrastructure Report (FCC Report 43– Please refer to EPA ICR No. 1160.05 and Safe Drinking Water Act and passage of 07), and ARMIS Operating Data Report OMB Control No. 2060–0114 in any the Food Quality Protection Act) and (FCC Report 43–08) for Tier 1 correspondence. has formed an advisory committee Telephone Companies (released Ms. Sandy Farmer, U.S. Environmental (EDSTAC) to provide advice and December 17, 1996), CC Docket No. 96– Protection Agency, OPPE Regulatory counsel to the Agency on a strategy to 193, the Common Carrier Bureau Information Division (2137), 401 M screen and test endocrine disrupting implements the Commission’s Order in Street, SW., Washington, DC 20460 chemicals and pesticides in humans, Order and Notice of Proposed and fish, and wildlife. The first EDSTAC Rulemaking, Reform of Filing Office of Information and Regulatory meeting was held on December 12-13, Requirements and Carrier Classification Affairs, Office of Management and 1996 (61 FR 60280, November 27, 1996) (Reporting Requirements (Order) Budget, Attention: Desk Officer for (FRL–5575–7). released September 12, 1996. Rules EPA, 725 17th Street, NW., It is proposed that the agenda for this requiring the filing of automated Washington, DC 20503 meeting include the following topics: Reporting Management Information System (ARMIS) reports more Dated: January 21, 1997. February 5 frequently than annually were Joseph Retzer, Director, 1. Comparative endocrinology—an superseded by Section 402(b)(2)(B) of Regulatory Information Division. overview of the basic science noting the the Telecommunications Act of 1996. [FR Doc. 97–1880 Filed 1–24–97; 8:45 am] differences between mammals, fish and The Commission, therefore, amended its BILLING CODE 6560±50±P birds. rules with the issuance of the Reporting Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3895

Requirements Order. Carriers are now Commission, including whether the b. FCC Report 43–05 required to file all ARMIS reports on an information shall have practical utility; The Service Quality Report provides annual basis. This Order revises the (b) the accuracy of the Commission’s service quality information in the areas form and content of these reports to burden estimates; (c) ways to enhance of interexchange access service facilitate annual filings. In this Order, the quality, utility, and clarity of the installation and repair intervals, local we adopt revisions to all ARMIS reports information collected; and (d) ways to service installation and repair intervals, which require carriers with annual minimize the burden of the collection of trunk blockage and total switch operating revenues for the preceding information on the respondents, downtime for price cap companies. All year equal to or above the indexed including the use of automated tables have been revised to facilitate revenue threshold to file ARMIS reports collection techniques or other forms of reporting on an annual basis. The report for 1996, due on or before April 1, 1997. information technology. has also been revised to clarify the filing We also clarify definitions and row instructions. descriptions on several ARMIS reports. Federal Communications Commission These clarifications are implemented to OMB Control Number: 3060–0395. c. FCC Report 43–07 provide consistency between reports Title: Automated Reporting and The Infrastructure Report provides and improved understanding of existing Management Information Systems switch deployment and capabilities requirements. In addition, this Order (ARMIS)—Sections 43.21 and 43.22. data. Various rows of Table 1, Switching compiles previously adopted ARMIS Form No.: FCC Reports 43–02, 43–05, Equipment were revised to correct report requirements for the convenience 43–07. minor typographical errors. For of report filers. While many of these Type of Review: Revised collection. clarification purposes, Table IV, requirements were adopted pursuant to Additions and Book Costs, Row 0540 previous Commission orders, others Number of Respondents: Businesses has been renamed, ‘‘Total TPIS Gross were developed through or other for profit. Additions (000).’’ correspondence with the industry in an Estimated Time Per Response: 943.27. effort to clarify existing procedures. The Total Annual Burden: 151,868. OMB Control Number: 3060–0511. full text of the Commission Order and Estimated Costs Per Respondent: $0. Title: ARMIS Access Report. detailed instructions for the completion Needs and Uses: ARMIS is needed to Form No.: FCC Report 43–04. of the reports, which incorporate the administer our accounting, Type of Review: Revised collection. changes made in the Order, are available jurisdictional separations, access Respondents: Businesses or other for- for public inspection in the charges and joint cost rules and rules to profit. Commission’s Public Reference Room at analyze revenue requirements and rates Number of Respondents: 150 2000 L Street, N.W., Suite 812, of return, service quality and respondents. Washington, D.C. 20554 and from the infrastructure development. It collects Estimated Time Per Response: 1,150 International Transcription Service, Inc. financial and operating data from all hours. (ITS) at 2100 M Street, N.W., Suite 140, Tier 1, Class A local exchange carriers Total Annual Burden: 172,500 hours. Washington, D.C. 20037. with annual revenues over $100 million Estimated Costs Per Respondent: $0. The Order contains new and/or and carriers who elect incentive Needs and Uses: The Access Report is modified information collections. The regulation. The information contained needed to administer our accounting, Order has been submitted to the Office in the reports provides the necessary jurisdictional separations and access of Management and Budget (OMB) for detail to enable this Commission to charge rules, and to analyze revenue review under the Paperwork Reduction fulfill its regulatory responsibilities. requirements and rates of return and to Act of 1995 (PRA). The Commission has collect financial and operating data from updated its November 1996 paperwork Summary of Changes all Tier 1 local exchange carriers. submissions made for the collections a. FCC Report 43–02 Summary of Changes identified below (which are currently under OMB review) to OMB to reflect The USOA Report provides the Row titles have been expanded to the new and/or modified collections in annual operating results of the carriers’ provide more meaningful descriptions the Order. OMB is asked to approve the activities for every account in the in FCC Report 43–04. Various row changes adopted in the Order in USOA. In the Order the Commission definitions have been clarified to addition to any requirements in the amended row descriptions and provide consistency among reports. The original submissions. definitions to add clarity and provide General Instructions are expanded to The Commission, as part of its consistency among reports. In Table I– include symbols to be used to continuing effort to reduce paperwork 1, Income Statement Accounts, Row differentiate whole dollars, dollars burdens, invites the general public and 5280, Nonregulated, is no longer reported in thousands, percentages and the Office of Management and Budget included in Row 5200, Miscellaneous, other units (e.g., minutes, miles, (OMB) to comment on the following to be consistent with Part 32. Row conversational minutes, working loops, information collections contained in the descriptions and definitions of Row 510, etc.). Other revisions were made Order as required by the Paperwork Basic Local Service Revenue, and Row pursuant to previous Orders and letters Reduction Act of 1995, Public Law No. 520, Local Network Service Revenue from the Chief of the Accounting and 104–13. Written comments by the were also revised. Description of Row Audits Division. Rounding conventions public on the proposed and/or modified 730 was also clarified as well as the are included to reflect prior information collections are due 30 days definition of Row 860, Total clarifications made in a letter from the after date of publication in the Federal Compensation for the Year. Various row Common Carrier Bureau to a Register. OMB notification of action is descriptions in Table I–6, Special representative of USTA on July 10, due on February 24, 1997. Comments Charges, and Table I–7, Donations or 1992. The N/As were removed from should address: (a) Whether the Payments for Services Rendered by Column (r) for Rows 3070 and 3071. The proposed or modified information Persons other Than Employees were descriptions of Row 2250, FCC collection is necessary for the proper clarified to specify dollar amounts Investment Adjustment, and Row 7350, performance of the functions of the above which items must be reported. FCC Expense Adjustment, are clarified 3896 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices to state that these rows will not include Corporate, supervisory and personnel resulting from severe storms, flooding, mud any TPUC or AFUDC, respectively, as a activities. and land slides beginning on December 28, Part 65 adjustment. In calling the meeting, the Board 1996, and continuing is of sufficient severity determined, on motion of Vice and magnitude to warrant a major disaster OMB Control Number: 3060–0513. declaration under the Robert T. Stafford Title: ARMIS Joint Cost Report. Chairman Andrew C. Hove, Jr., Disaster Relief and Emergency Assistance Act Form No.: FCC Report 43–03. seconded by Director Joseph H. Neely (‘‘the Stafford Act’’). I, therefore, declare that Type of Review: Revised collection. (Appointive), concurred in by Director such a major disaster exists in the State of Respondents: Businesses or other for Nicolas P. Retsinas (Director, Office of California. Profit. Thrift Supervision), Director Eugene A. In order to provide Federal assistance, you Number of Respondents: 150 Ludwig (Comptroller of the Currency), are hereby authorized to allocate from funds and Chairman Ricki Helfer, that available for these purposes, such amounts as respondents. you find necessary for Federal disaster Estimated Time Per Response: 200 corporation business required its assistance and administrative expenses. hours per response. consideration of the matters on less than You are authorized to provide Individual Total Annual Burden: 30,000 Hours. seven days’ notice to the public; that no Assistance and assistance for debris removal Estimated Costs Per Respondent: $0. earlier notice of the meeting was and emergency protective measures as Needs and Uses: The Joint Cost practicable; that the public interest did authorized under Title IV of the Stafford Act Report is needed to administer our joint not require consideration of the matters in the designated areas. Should snow removal assistance be necessary, you are cost rules (Part 64) and to analyze data in a meeting open to public observation; and that the matters could be authorized to provide reimbursement for the in order to prevent cross-subsidization costs of equipment, contracts, and personnel of nonregulated operations by the considered in a closed meeting by overtime that are required to clear one lane regulated operations of Tier 1 carriers. authority of subsections (c)(2), (c)(4), in each direction along snow emergency (c)(6), (c)(8) and (c)(9)(A)(ii) of the routes (or select primary roads in those Summary of Changes ‘‘Government in the Sunshine Act’’ (5 communities without such designated Various rows descriptions and U.S.C. 552b(c)(2), (c)(4), (c)(6), (c)(8) and roadways) to hospitals, nursing homes, and definitions were clarified to provide (c)(9)(A)(ii)). other critical facilities. Other types of Public The meeting was held in the Board Assistance and the Hazard Mitigation consistency among reports. Row 5280, program may be added at a later date, as you Nonregulated, is no longer included in Room of the FDIC Building located at deem necessary. Consistent with the Row 5200, Miscellaneous, to be 550 17th Street NW., Washington, DC. requirement that Federal assistance be consistent with Part 32. Row Federal Deposit Insurance Corporation. supplemental, any Federal funds provided descriptions and definitions of Row 510, under the Stafford Act for Public Assistance Dated: January 21, 1997. Basic Local Service Revenue, and Row or Hazard Mitigation will be limited to 75 520, Local Network Service Revenue Valerie J. Best, percent of the total eligible costs. were clarified to be consistent with the Assistant Executive Secretary. The time period prescribed for the same change made in Report 43–02. A [FR Doc. 97–2006 Filed 1–23–97; 11:34 am] implementation of section 310(a), new row entitled ‘‘Total Operating BILLING CODE 6714±01±M Priority to Certain Applications for Expenses’’ has been added. The Public Facility and Public Housing definitions of Rows 7200, 7300, 7600 Assistance, 42 U.S.C. 5153, shall be for and 750 were revised to clarify the FEDERAL EMERGENCY a period not to exceed six months after instructions for their calculation. Rows MANAGEMENT AGENCY the date of this declaration. Notice is hereby given that pursuant 8042, Rate of Return, and Row 8045, [FEMA±1155±DR] Rate of Return Including FCC Refund to the authority vested in the Director of are revised pursuant to the LEC Price California; Major Disaster and Related the Federal Emergency Management Cap Order. Row 8021, Approximate Net Determinations Agency under Executive Order 12148, I Taxable Income has been revised to hereby appoint John Swanson of the clarify its calculation. Row 9010, Total AGENCY: Federal Emergency Federal Emergency Management Agency Billable Access Lines, has been revised Management Agency (FEMA). to act as the Federal Coordinating to be consistent with FCC Report 43–01, ACTION: Notice. Officer for this declared disaster. Table II, Row 2140. I do hereby determine the following SUMMARY: This is a notice of the areas of the State of California to have Federal Communications Commission. Presidential declaration of a major been affected adversely by this declared William F. Caton, disaster for the State of California major disaster: Acting Secretary. (FEMA–1155–DR), dated January 4, Alpine, Amador, Butte, Calaveras, Colusa, [FR Doc. 97–1860 Filed 1–24–97; 8:45 am] 1997, and related determinations. Del Norte, El Dorado, Glenn, Humboldt, BILLING CODE 6712±01±P EFFECTIVE DATE: January 4, 1997. Lake, Lassen, Madera, Mendocino, Modoc, FOR FURTHER INFORMATION CONTACT: Mono, Monterey, Napa, Nevada, Placer, Magda Ruiz, Response and Recovery Plumas, Sacramento, San Benito, San FEDERAL DEPOSIT INSURANCE Directorate, Federal Emergency Joaquin, San Mateo, Santa Cruz, Shasta, CORPORATION Management Agency, Washington, DC Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tuolumne, Yolo, 20472, (202) 646–3260. Sunshine Act Meeting and Yuba Counties for Individual Assistance SUPPLEMENTARY INFORMATION: Notice is and debris removal and emergency protective Pursuant to the provisions of the hereby given that, in a letter dated measures under the Public Assistance ‘‘Government in the Sunshine Act’’ (5 January 4, 1997, the President declared program. U.S.C. 552b), notice is hereby given that a major disaster under the authority of (Catalog of Federal Domestic Assistance No. at 11:11 a.m. on Tuesday, January 21, the Robert T. Stafford Disaster Relief 83.516, Disaster Assistance) 1997, the Board of Directors of the and Emergency Assistance Act (42 James L. Witt, Federal Deposit Insurance Corporation U.S.C. 5121 et seq.), as follows: Director. met in closed session to consider I have determined that the damage in [FR Doc. 97–1887 Filed 1–24–97; 8:45 am] matters relating to the Corporation’s certain areas of the State of California, BILLING CODE 6718±02±P Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3897

[FEMA±1154±DR] Notice is hereby given that pursuant designated areas. Individual Assistance may to the authority vested in the Director of be provided at a later date, if requested and Idaho; Major Disaster and Related the Federal Emergency Management warranted. Consistent with the requirement Determinations Agency under Executive Order 12148, I that Federal assistance be supplemental, any Federal funds provided under the Stafford AGENCY: Federal Emergency hereby appoint Robert C. Freitag of the Act for Public Assistance or Hazard Management Agency (FEMA). Federal Emergency Management Agency Mitigation will be limited to 75 percent of the ACTION: Notice. to act as the Federal Coordinating total eligible costs. Officer for this declared disaster. The time period prescribed for the SUMMARY: This is a notice of the I do hereby determine the following Presidential declaration of a major areas of the State of Idaho to have been implementation of section 310(a), disaster for the State of Idaho (FEMA– affected adversely by this declared Priority to Certain Applications for 1154–DR), dated January 4, 1997, and major disaster: Public Facility and Public Housing related determinations. Assistance, 42 U.S.C. 5153, shall be for Adams, Boundary, Bonner, Boise, a period not to exceed six months after EFFECTIVE DATE: January 4, 1997. Clearwater, Elmore, Gem, Idaho, Latah, the date of this declaration. FOR FURTHER INFORMATION CONTACT: Payette, Shoshone, Valley, and Washington Notice is hereby given that pursuant Counties for Individual Assistance and debris Magda Ruiz, Response and Recovery to the authority vested in the Director of Directorate, Federal Emergency removal and emergency protective measures under the Public Assistance Program. the Federal Emergency Management Management Agency, Washington, DC Agency under Executive Order 12148, I 20472, (202) 646–3260. (Catalog of Federal Domestic Assistance No. 83.516, Disaster Assistance) hereby appoint Gary Pierson of the SUPPLEMENTARY INFORMATION: Notice is James L. Witt, Federal Emergency Management Agency hereby given that, in a letter dated to act as the Federal Coordinating Director. January 4, 1997, the President declared Officer for this declared disaster. a major disaster under the authority of [FR Doc. 97–1888 Filed 1–24–97; 8:45 am] I do hereby determine the following the Robert T. Stafford Disaster Relief BILLING CODE 6718±02±P areas of the State of Minnesota to have and Emergency Assistance Act (42 been affected adversely by this declared U.S.C. 5121 et seq.), as follows: [FEMA±1151±DR] major disaster: I have determined that the damage in Cottonwood, Faribault, Freeborn, Jackson, certain areas of the State of Idaho, resulting Minnesota; Major Disaster and Related Lincoln, Lyon, Murray, Nobles, Pipestone, from severe storms, flooding, mud and land Determinations Rock, Waseca, and Yellow Medicine slides beginning on December 27, 1996, and Counties for Public Assistance and Hazard continuing, is of sufficient severity and AGENCY: Federal Emergency Mitigation. magnitude to warrant a major disaster Management Agency (FEMA). (Catalog of Federal Domestic Assistance No. declaration under the Robert T. Stafford ACTION: Notice. 83.516, Disaster Assistance) Disaster Relief and Emergency Assistance Act James L. Witt, (‘‘the Stafford Act’’). I, therefore, declare that SUMMARY: This is a notice of the such a major disaster exists in the State of Presidential declaration of a major Director. Idaho. disaster for the State of Minnesota [FR Doc. 97–1891 Filed 1–24–97; 8:45 am] In order to provide Federal assistance, you (FEMA–1151–DR), dated January 7, BILLING CODE 6718±02±P are hereby authorized to allocate from funds available for these purposes, such amounts as 1997, and related determinations. you find necessary for Federal disaster EFFECTIVE DATE: January 7, 1997. [FEMA±1153±DR] assistance and administrative expenses. FOR FURTHER INFORMATION CONTACT: You are authorized to provide Individual Magda Ruiz, Response and Recovery Nevada; Major Disaster and Related Assistance and assistance for debris removal Directorate, Federal Emergency Determinations and emergency protective measures as authorized under Title IV of the Stafford Act Management Agency, Washington, DC AGENCY: Federal Emergency in the designated areas. Should snow 20472, (202) 646–3260. Management Agency (FEMA). removal assistance be necessary, you are SUPPLEMENTARY INFORMATION: Notice is ACTION: Notice. authorized to provide reimbursement for the hereby given that, in a letter dated costs of equipment, contracts, and personnel January 7, 1997, the President declared SUMMARY: This is a notice of the overtime that are required to clear one lane a major disaster under the authority of Presidential declaration of a major in each direction along snow emergency the Robert T. Stafford Disaster Relief disaster for the State of Nevada (FEMA– routes (or select primary roads in those communities without such designated and Emergency Assistance Act (42 1153–DR), dated January 3, 1997, and roadways) to hospitals, nursing homes, and U.S.C. 5121 et seq.), as follows: related determinations. other critical facilities. Other types of Public I have determined that the damage in EFFECTIVE DATE: January 3, 1997. Assistance and the Hazard Mitigation certain areas of the State of Minnesota, FOR FURTHER INFORMATION CONTACT: program may be added at a later date, as you resulting from severe ice storms on Magda Ruiz, Response and Recovery deem necessary. Consistent with the November 14–30, 1996, is of sufficient Directorate, Federal Emergency requirement that Federal assistance be severity and magnitude to warrant a major Management Agency, Washington, DC supplemental, any Federal funds provided disaster declaration under the Robert T. under the Stafford Act for Public Assistance Stafford Disaster Relief and Emergency 20472, (202) 646–3260. or Hazard Mitigation will be limited to 75 Assistance Act (‘‘the Stafford Act’’). I, SUPPLEMENTARY INFORMATION: Notice is percent of the total eligible costs. therefore, declare that such a major disaster hereby given that, in a letter dated The time period prescribed for the exists in the State of Minnesota. January 3, 1997, the President declared implementation of section 310(a), In order to provide Federal assistance, you a major disaster under the authority of are hereby authorized to allocate from funds Priority to Certain Applications for the Robert T. Stafford Disaster Relief available for these purposes, such amounts as and Emergency Assistance Act (42 Public Facility and Public Housing you find necessary for Federal disaster Assistance, 42 U.S.C. 5153, shall be for assistance and administrative expenses. U.S.C. 5121 et seq.), as follows: a period not to exceed six months after You are authorized to provide Public I have determined that the damage in the date of this declaration. Assistance and Hazard Mitigation in the certain areas of the State of Nevada, resulting 3898 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices from severe storms, flooding, mud and land [FEMA±1157±DR] Federal Emergency Management Agency slides beginning on December 20, 1996, and to act as the Federal Coordinating continuing, is of sufficient severity and North Dakota; Major Disaster and Officer for this declared disaster. magnitude to warrant a major disaster Related Determinations I do hereby determine the State of declaration under the Robert T. Stafford AGENCY: Federal Emergency North Dakota to have been affected Disaster Relief and Emergency Assistance Act Management Agency (FEMA). adversely by this declared major (‘‘the Stafford Act’’). I, therefore, declare that disaster: such a major disaster exists in the State of ACTION: Notice. Nevada. FEMA will provide reimbursement for SUMMARY: This is a notice of the the costs of equipment, contracts, and In order to provide Federal assistance, you Presidential declaration of a major are hereby authorized to allocate from funds personnel overtime that are required to disaster for the State of North Dakota clear one lane in each direction along available for these purposes, such amounts as (FEMA–1157–DR), dated January 12, you find necessary for Federal disaster snow emergency routes (or select 1997, and related determinations. assistance and administrative expenses. primary roads in those communities You are authorized to provide individual EFFECTIVE DATE: January 12, 1997. without such designated roadways), and assistance and assistance for debris removal FOR FURTHER INFORMATION CONTACT: routes necessary to allow the passage of and emergency protective measures as Magda Ruiz, Response and Recovery emergency vehicles to hospitals, nursing authorized under Title IV of the Stafford Act Directorate, Federal Emergency homes, and other critical facilities to the in the designated areas. Should snow Management Agency, Washington, DC State of North Dakota. removal assistance be necessary, you are 20472, (202) 646–3260. (Catalog of Federal Domestic Assistance No. authorized to provide reimbursement for the SUPPLEMENTARY INFORMATION: Notice is 83.516, Disaster Assistance) costs of equipment, contracts, and personnel hereby given that, in a letter dated James L. Witt, overtime that are required to clear one lane January 12, 1997, the President declared Director. in each direction along snow emergency a major disaster under the authority of [FR Doc. 97–1886 Filed 1–24–97; 8:45 am] routes (or select primary roads in those the Robert T. Stafford Disaster Relief BILLING CODE 6718±02±P communities without such designated and Emergency Assistance Act (42 roadways) to hospitals, nursing homes, and U.S.C. 5121 et seq.), as follows: other critical facilities. Other types of Public [FEMA±1156±DR] Assistance and the Hazard Mitigation I have determined that the damage in certain areas of the State of North Dakota, program may be added at a later date, if South Dakota; Major Disaster and resulting from a major winter storm and warranted. Consistent with the requirement blizzard beginning on January 3, 1997, and Related Determinations that Federal assistance be supplemental, any continuing, is of sufficient severity and AGENCY: Federal funds provided under the Stafford Federal Emergency magnitude to warrant a major disaster Management Agency (FEMA). Act for Public Assistance or Hazard declaration under the Robert T. Stafford Mitigation will be limited to 75 percent of the Disaster Relief and Emergency Assistance Act ACTION: Notice. total eligible costs. (‘‘the Stafford Act’’). I, therefore, declare that such a major disaster exists in the State of SUMMARY: This is a notice of the The time period prescribed for the North Dakota. Presidential declaration of a major implementation of section 310(a), In order to provide Federal assistance, you disaster for the State of South Dakota Priority to Certain Applications for are hereby authorized to allocate from funds (FEMA–1156–DR), dated January 10, Public Facility and Public Housing available for these purposes, such amounts as 1997, and related determinations. you find necessary for Federal disaster EFFECTIVE DATE: January 10, 1997. Assistance, 42 U.S.C. 5153, shall be for assistance and administrative expenses. a period not to exceed six months after You are authorized to provide FOR FURTHER INFORMATION CONTACT: the date of this declaration. reimbursement for the costs of equipment, Magda Ruiz, Response and Recovery Notice is hereby given that pursuant contracts, and personnel overtime that are Directorate, Federal Emergency to the authority vested in the Director of required to clear one lane in each direction Management Agency, Washington, DC along snow emergency routes (or select 20472, (202) 646–3260. the Federal Emergency Management primary roads in those communities without Agency under Executive Order 12148, I such designated roadways), and routes SUPPLEMENTARY INFORMATION: Notice is hereby appoint Warren Pugh of the necessary to allow the passage of emergency hereby given that, in a letter dated Federal Emergency Management Agency vehicles to hospitals, nursing homes, and January 10, 1997, the President declared to act as the Federal Coordinating other critical facilities. Additional assistance a major disaster under the authority of Officer for this declared disaster. may be added, if warranted. Consistent with the Robert T. Stafford Disaster Relief the requirement that Federal assistance be and Emergency Assistance Act (42 I do hereby determine the following supplemental, any Federal funds provided U.S.C. 5121 et seq.), as follows: areas of the State of Nevada to have under the Stafford Act for Public Assistance been affected adversely by this declared will be limited to 75 percent of the total I have determined that the damage in eligible costs. certain areas of the State of South Dakota, major disaster: resulting from severe winter storm and Douglas, Lyon, Storey and Washoe The time period prescribed for the blizzard conditions beginning on January 3, Counties and the Independent City of Carson implementation of section 310(a), 1997, and continuing, is of sufficient severity City for Individual Assistance and debris Priority to Certain Applications for and magnitude to warrant a major disaster removal and emergency protective measures Public Facility and Public Housing declaration under the Robert T. Stafford under the Public Assistance program. Assistance, 42 U.S.C. 5153, shall be for Disaster Relief and Emergency Assistance Act (‘‘the Stafford Act’’). I, therefore, declare that (Catalog of Federal Domestic Assistance No. a period not to exceed six months after the date of this declaration. such a major disaster exists in the State of 83.516, Disaster Assistance) South Dakota. Notice is hereby given that pursuant James L. Witt, In order to provide Federal assistance, you to the authority vested in the Director of are hereby authorized to allocate from funds Director. the Federal Emergency Management available for these purposes, such amounts as [FR Doc. 97–1889 Filed 1–24–97; 8:45 am] Agency under Executive Order 12148, I you find necessary for Federal disaster BILLING CODE 6718±02±P hereby appoint Roger Free of the assistance and administrative expenses. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3899

You are authorized to provide Management Agency, Washington, DC FEDERAL RESERVE SYSTEM reimbursement for the costs of equipment, 20472, (202) 646–3260. contracts, and personnel overtime that are Formations of, Acquisitions by, and required to clear one lane in each direction SUPPLEMENTARY INFORMATION: Notice is Mergers of Bank Holding Companies along snow emergency routes (or select hereby given that, in a letter dated primary roads in those communities without January 7, 1997, the President declared The companies listed in this notice such designated roadways), and routes a major disaster under the authority of have applied to the Board for approval, necessary to allow the passage of emergency the Robert T. Stafford Disaster Relief pursuant to the Bank Holding Company vehicles to hospitals, nursing homes, and and Emergency Assistance Act (42 Act of 1956 (12 U.S.C. 1841 et seq.) other critical facilities. Additional assistance (BHC Act), Regulation Y (12 CFR Part may be added, if warranted. Consistent with U.S.C. 5121 et seq.), as follows: 225), and all other applicable statutes the requirement that Federal assistance be I have determined that the damage in supplemental, any Federal funds provided and regulations to become a bank certain areas of the State of Washington, holding company and/or to acquire the under the Stafford Act for Public Assistance resulting from severe ice storms beginning on will be limited to 75 percent of the total assets or the ownership of, control of, or November 19, 1996, and continuing through eligible costs. the power to vote shares of a bank or December 4, 1996, is of sufficient severity bank holding company and all of the The time period prescribed for the and magnitude to warrant a major disaster banks and nonbanking companies implementation of section 310(a), declaration under the Robert T. Stafford owned by the bank holding company, Priority to Certain Applications for Disaster Relief and Emergency Assistance Act including the companies listed below. Public Facility and Public Housing (‘‘the Stafford Act’’). I, therefore, declare that The applications listed below, as well Assistance, 42 U.S.C. 5153, shall be for such a major disaster exists in the State of as other related filings required by the a period not to exceed six months after Washington. the date of this declaration. In order to provide Federal assistance, you Board, are available for immediate Notice is hereby given that pursuant are hereby authorized to allocate from funds inspection at the Federal Reserve Bank to the authority vested in the Director of available for these purposes, such amounts as indicated. Once the application has the Federal Emergency Management you find necessary for Federal disaster been accepted for processing, it will also Agency under Executive Order 12148, I assistance and administrative expenses. be available for inspection at the offices hereby appoint Roger Free of the You are authorized to provide Public of the Board of Governors. Interested Federal Emergency Management Agency Assistance, Categories A through F, and persons may express their views in to act as the Federal Coordinating Hazard Mitigation in the designated areas. writing on the standards enumerated in Officer for this declared disaster. Other categories of assistance may be added the BHC Act (12 U.S.C. 1842(c)). If the I do hereby determine the State of at a later date, if warranted. Individual proposal also involves the acquisition of South Dakota to have been affected Assistance may be provided at a later date, a nonbanking company, the review also adversely by this declared major if requested and warranted. Consistent with includes whether the acquisition of the disaster: the requirement that Federal assistance be nonbanking company complies with the standards in section 4 of the BHC Act, FEMA will provide reimbursement for the supplemental, any Federal funds provided costs of equipment, contracts, and personnel under the Stafford Act for Public Assistance including whether the acquisition of the overtime that are required to clear one lane or Hazard Mitigation will be limited to 75 nonbanking company can ‘‘reasonably in each direction along snow emergency percent of the total eligible costs. be expected to produce benefits to the routes (or select primary roads in those public, such as greater convenience, communities without such designated The time period prescribed for the increased competition, or gains in roadways), and routes necessary to allow the implementation of section 310(a), efficiency, that outweigh possible passage of emergency vehicles to hospitals, Priority to Certain Applications for adverse effects, such as undue nursing homes, and other critical facilities to Public Facility and Public Housing concentration of resources, decreased or the State of South Dakota. Assistance, 42 U.S.C. 5153, shall be for unfair competition, conflicts of (Catalog of Federal Domestic Assistance No. a period not to exceed six months after interests, or unsound banking practices’’ 83.516, Disaster Assistance.) the date of this declaration. (12 U.S.C. 1843). Unless James L. Witt, Notice is hereby given that pursuant otherwise noted, nonbanking activities Director. to the authority vested in the Director of will be conducted throughout the [FR Doc. 97–1885 Filed 1–24–97; 8:45 am] the Federal Emergency Management United States. BILLING CODE 6718±02±P Agency under Executive Order 12148, I Unless otherwise noted, comments hereby appoint Mark R. Ekman of the regarding each of these applications must be received at the Reserve Bank [FEMA±1152±DR] Federal Emergency Management Agency to act as the Federal Coordinating indicated or the offices of the Board of Washington; Major Disaster and Officer for this declared disaster. Governors not later than February 14, Related Determinations 1997. I do hereby determine the following A. Federal Reserve Bank of Boston AGENCY: Federal Emergency areas of the State of Washington to have (Robert M. Brady, Vice President) 600 Management Agency (FEMA). been affected adversely by this declared Atlantic Avenue, Boston, Massachusetts ACTION: Notice. major disaster: 02106-2204: Klickitat, Pend Oreille, and Spokane 1. Bank of Boston Corporation, and SUMMARY: This is a notice of the Counties for Public Assistance (Categories A– BayBanks, Inc., both of Boston, Presidential declaration of a major F), and Hazard Mitigation. Massachusetts; to acquire 100 percent of disaster for the State of Washington the voting shares of BankBoston (NH), (FEMA–1152–DR), dated January 7, (Catalog of Federal Domestic Assistance No. 83.516, Disaster Assistance) National Association, Nahsua, New 1997 and related determinations. Hampshire. EFFECTIVE DATE: January 7, 1997. James L. Witt, B. Federal Reserve Bank of Chicago FOR FURTHER INFORMATION CONTACT: Director. (James A. Bluemle, Vice President) 230 Magda Ruiz, Response and Recovery [FR Doc. 97–1890 Filed 1–24–97; 8:45 am] South LaSalle Street, Chicago, Illinois Directorate, Federal Emergency BILLING CODE 6718±02P 60690-1413: 3900 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

1. Brickyard Bancorp, Inc., Board of Governors of the Federal Reserve National Institutes of Health Northbrook, Illinois (in formation); to System, January 21, 1997. become a bank holding company by Jennifer J. Johnson, Statement of Organization, Functions, acquiring 100 percent of the voting Deputy Secretary of the Board. and Delegations of Authority shares of Sysco Financial, Inc., [FR Doc. 97–1816 Filed 1–24–97; 8:45 am] Part N, National Institutes of Health, Lincolnwood, Illinois, and thereby BILLING CODE 6210±01±F indirectly acquire Brickyard Bank, of the Statement of Organization, Lincolnwood, Illinois. Functions and Delegations of Authority 2. FirstBank of Illinois Co., Sunshine Act Meeting for the Department of Health and Springfield, Illinois; to acquire 100 Human Services (40 FR 22859, May 27, AGENCY HOLDING THE MEETING: Board of percent of the voting shares of 1975, as amended most recently at 61 Governors of the Federal Reserve FR 54451, October 18, 1996, and BankCentral Corporation, Mattoon, System, Federal Register Citation of Illinois, and thereby indirectly acquire redesignated from Part HN as Part N at Previous Announcement: 62 FR 3513, 60 FR 56605, November 9, 1995) is Central National Bank of Mattoon, January 23, 1997. Mattoon, Illinois. amended, as set forth below to rename PREVIOUSLY ANNOUNCED TIME AND DATE OF the National Center for Human Genome Board of Governors of the Federal Reserve THE MEETING: 11:00 a.m., Monday, Research (N4, formerly HN4) to the System, January 21, 1997. January 27, 1997. National Human Genome Research Jennifer J. Johnson, CHANGES IN THE MEETING: Addition of the Institute (NHGRI) and to amend its Deputy Secretary of the Board. following closed item(s) to the meeting: functional statement. Designating the [FR Doc. 97–1815 Filed 1–24–97; 8:45 am] Guidance on international cooperation. Center as an Institute will enhance the BILLING CODE 6210±01±F CONTACT PERSON FOR MORE INFORMATION: organization’s image as an Institute will Mr. Joseph R. Coyne, Assistant to the enhance the organization’s image as an Board; (202) 452–3204. NIH focal point for studying and Change in Bank Control Notices; understanding human genetic disease Formations of, Acquisitions by, and Dated: January 23, 1997. Jennifer J. Johnson, and allow the NHGRI to operate under Mergers of Bank Holding Companies; the same legislative authorities as the Deputy Secretary of the Board. Correction other NIH research institutes. [FR Doc. 97–2097 Filed 1–23–97; 3:28 pm] Section N–B, Organizational and This notice corrects a notice (FR Doc. BILLING CODE 6210±01±P 97-368) published on page 1118 of the Functions, under the heading National issue for Wednesday, January 8, 1997. Center for Human Genome Research (N4, formerly HN4), is revised as Under the Federal Reserve Bank of DEPARTMENT OF HEALTH AND follows: New York heading, the entry for HUMAN SERVICES Toronto-Dominion Bank, Toronto, National Human Genome Research Canada, and Waterhouse Investor Office of the Secretary; Notice of Institute (N4, formerly HN4). (1) Services, Inc., New York, New York, is Interest Rate on Overdue Debts Provides leadership for and formulates revised to read as follows: research goals and long-range plans to Section 30.13 of the Department of A. Federal Reserve Bank of New accomplish the mission of the Human Health and Human Services’ claims York (Christopher J. McCurdy, Senior Genome Project, including the study of collection regulations (45 CFR Part 30) Vice President) 33 Liberty Street, New the ethical, legal, and social provides that the Secretary shall charge York, New York 10045-0001: implications of human genome research; an annual rate of interest as fixed by the 1. The Toronto-Dominion Bank, (2) fosters, conducts, supports, and Secretary of the Treasury after taking Toronto, Canada, and its wholly-owned administers research and research into consideration private consumer subsidiary, Waterhouse Investor training programs in human genome rates of interest prevailing on the date Services, Inc., New York, New York; to research by means of grants, contracts, that HHS becomes entitled to recovery. acquire 50 percent of the voting shares cooperative agreements, and individual The rate generally cannot be lower than of Marketware International, Inc., and institutional research training the Department of Treasury’s current Holmdel, New Jersey (‘‘Company’’), and awards; (3) provides coordination for value of funds rate or the applicable rate thereby develop and sell computer genome research, both nationally and determined from the ‘‘Schedule of software products to facilitate the internationally, and serves as a focal Certified Interest Rates with Range of purchase and sale of securities by point within NIH and the Department of Maturities.’’ This rate may be revised customers using personal computers, as Health and Human Services for Federal quarterly by the Secretary of the well as other financial software interagency coordination, collaboration Treasury and shall be published products, pursuant to § 225.25(b)(7) of with industry and academia, and quarterly by the Department of Health the Board’s Regulation Y. Company international cooperation; (4) plans, and Human Services in the Federal would, inter alia, provide software to supports and administers intramural, Register. collaborative and field research to study permit customers to place ‘‘buy’’ or The Secretary of the Treasury has ‘‘sell’’ orders with Waterhouse human genetic disease in its own certified a rate of 13 5⁄8% for the quarter Securities, Inc., an affiliated broker- laboratories, branches, and clinics; and ended December 31, 1996. This interest (5) sponsors scientific meetings and dealer, over the non-proprietary rate will remain in effect until such time computer network known as the symposia and collects and disseminates as the Secretary of the Treasury notifies educational and informational materials Internet. Company also would provide HHS of any change. incidental software maintenance and related to human genome research to product support services. Company Dated: January 16, 1997. health professionals, the scientific proposes to conduct the proposed George Strader, community, industry, and the lay activities nationwide and in Canada. Deputy Assistant Secretary, Finance. public. Comments on this application must [FR Doc. 97–1850 Filed 1–24–97; 8:45 am] This reorganization shall be effective be received by February 7, 1997. BILLING CODE 4150±04±M January 14, 1997. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3901

Dated: January 14, 1997. Administration for Children and participant’s data on all children and Donna E. Shalala, Families families receiving direct CCDF services. Secretary. Aggregate data will be collected and Submission for OMB Review; [FR Doc. 97–1849 Filed 1–24–97; 8:45 am] will be used to determine the scope, Comment Request type, and methods of child care BILLING CODE 4140±01±M Title: Child Care Biannual Aggregate delivery, and to provide a report to Report. Congress. OMB No.: New Collection. Respondents: State governments, Description: This legislatively Guam, Virgin Islands, Puerto Rico and mandated report collects program and the District of Columbia.

ANNUAL BURDEN ESTIMATES

Number of re- Average bur- Instrument Number of re- sponses per den hours per Total burden spondents respondent response hours

ACF±800 ...... 54 2 40 4,320

Estimated Total Annual Burden Hours: 4,320 Estates, IL, for premarket approval, service consists of: (1) The Home Additional Information: Copies of the under the Federal Food, Drug, and Access HIV–1 Home Collection Kit; (2) proposed collection may be obtained by Cosmetic Act (the act), of the Home ClienttrakTM (Interactive Voice writing to The Administration for Access HIV–1 Test System. After Response System, automated HIV/ Children and Families, Office of reviewing the recommendation of the acquired immune deficiency syndrome Information Services, Division of Blood Products Advisory Committee (AIDS) educational announcement, and Information Resource Management (BPAC), FDA’s Center for Biologics client database); (3) laboratory testing; Services, 370 L’Enfant Promenade, S.W., Evaluation and Research (CBER) and (4) counseling and referral services. Washington, D.C. 20447, Attn: ACF notified the applicant, by letter of July Each collection kit contains: An Reports Clearance Officer. 22, 1996, of the approval of the instruction manual, an HIV/AIDS OMB Comment application. educational booklet in English and DATES: Petitions for administrative Spanish, a blood spot collection card OMB is required to make a decision review by February 26, 1997. precoded with a unique 11-digit Home concerning the collection of information Access code number, two safety ADDRESSES: Written requests for copies between 30 and 60 days after lancets, an alcohol wipe, a sterile gauze of the summary of safety and publication of this document in the pad, a bandage, a foil return pouch effectiveness data and petitions for Federal Register. Therefore, a comment containing a desiccant, a safety lancet administrative review to the Dockets is best assured of having its full effect disposal container, a shipping Management Branch (HFA–305), Food if OMB receives it within 30 days of container, and a preaddressed and and Drug Administration, 12420 publication. Written comments and prepaid return envelope. The test Parklawn Dr., rm. 1–23, Rockville, MD recommendations for the proposed procedure begins when the client 20857. information collection should be sent activates a unique 11-digit code number directly to the following: Office of FOR FURTHER INFORMATION CONTACT: by calling a toll-free telephone number. Management and Budget, Paperwork Sukza Hwangbo, Center for Biologics Clients use the kit to obtain samples of Reduction Project, 725 17th Street, Evaluation and Research (HFM–380), their own blood which is placed on the N.W., Washington, D.C. 20503, Attn: Food and Drug Administration, 1401 collection card that is precoded with the Ms. Wendy Taylor. Rockville Pike, Rockville, MD 20852– code number. The collection card is 1448, 301–827–3524. Dated: January 21, 1997. mailed to HAHC using the provided Douglas J. Godesky, SUPPLEMENTARY INFORMATION: On June 1, mailer. Upon receipt, the sample is 1995, HAHC, Hoffman Estates, IL Reports Clearance Officer. analyzed using enzyme linked 60195–5200, submitted to CBER an immunosorbent assays licensed for the [FR Doc. 97–1851 Filed 1–24–97; 8:45 am] application for premarket approval of detection of HIV–1 antibodies. Test BILLING CODE 4184±01±M the Home Access HIV–1 Test System. results are available to the client from This product is intended for self-use by HAHC within 3 business days after Food and Drug Administration individuals who wish to obtain shipment of the sample to the laboratory anonymous human immunodeficiency for the Express Kit and within 7 days for [Docket No. 96M±0456] virus Type 1 (HIV–1) testing and the Standard Kit. The service is counseling. The HIV–1 assay kits recommended for use by individuals 18 Home Access Health Corp.; Premarket approved for use in the Home Access  years of age or older. Approval of the Home Access HIV±1 HIV–1 Test System are: (1) The On June 22, 1994, CBER consulted Test System Vironostika HIV–1 Microelisa System BPAC, an FDA advisory committee, for AGENCY: Food and Drug Administration, manufactured by Organon Teknika their comments and recommendations HHS. Corp.; (2) the Genetic Systems LAV EIA regarding issues FDA should address ACTION: Notice. HIV–1 enzyme immunoassay (EIA) when reviewing home collection testing manufactured by Genetic Systems; and kits for the detection of HIV and other SUMMARY: The Food and Drug (3) the Fluorognost HIV–1 serious or life-threatening medical Administration (FDA) is announcing its immunoflourescence assay (IFA) conditions. BPAC commented that the approval of the application by Home manufactured by Waldheim benefits of an alternative means of Access Health Corp. (HAHC), Hoffman Pharmazuetika. The HAHC testing accessing previously unreachable 3902 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices populations of HIV positive individuals Opportunity for Administrative Review Health Care Financing Administration or persons infected with other serious [Document Identifier: HCFA±643] diseases, far outweigh any risk to the Section 515(d)(3) of the the act (21 U.S.C. 360e(d)(3)) authorizes any individual’s health posed by the test kit Agency Information Collection interested person to petition, under protocol or to the public’s health by Activities: Proposed Collection; home testing. BPAC recommended that section 515(g) of the act, for Comment Request pilot studies be conducted to assess administrative review of CBER’s demographically, qualitatively, and decision to approve this application. A In compliance with the requirement quantitatively the effectiveness of test petitioner may request either a formal of section 3506(c)(2)(A) of the kits in targeted populations. BPAC also hearing under 21 CFR part 12 of FDA’s Paperwork Reduction Act of 1995, the recommended that pilot studies be administrative practices and procedures Health Care Financing Administration performed to determine the regulations or a review of the (HCFA), Department of Health and effectiveness of such services in application and CDRH’s action by an Human Services, is publishing the ensuring client anonymity and independent advisory committee of following summary of proposed providing adequate counseling. CBER experts. A petition is to be in the form collections for public comment. Interested persons are invited to send considered the BPAC recommendations of a petition for reconsideration under during its review of the premarket comments regarding the burden 21 CFR 10.33(b). A petitioner shall estimate or any other aspect of this approval application for the Home identify the form of review requested  collection of information, including any Access HIV–1 Test System. On July (hearing or independent advisory 22, 1996, CBER approved the of the following subjects: (1) The committee) and shall submit with the necessity and utility of the proposed application by a letter to the applicant petition supporting data and from the Director, Office of Blood information collection for the proper information showing that there is a Research and Review, CBER. performance of the agency’s functions; genuine and substantial issue of The July 22, 1996, application (2) the accuracy of the estimated material fact for resolution through approval letter restated postapproval burden; (3) ways to enhance the quality, administrative review. After reviewing utility, and clarity of the information to conditions agreed to by HAHC in three the petition, FDA will decide whether to be collected; and (4) the use of letters to FDA dated June 19, 1996, and automated collection techniques or July 12 and 22, 1996. These conditions grant or deny the petition and will other forms of information technology to incorporate the June 22, 1994, BPAC publish a notice of its decision in the minimize the information collection recommendations. The postapproval Federal Register. If FDA grants the burden. conditions include the following: (1) petition, the notice will state the issue to be reviewed, the form of review to be 1. HCFA–643 Type of Information HAHC will perform postmarketing Collection Request: Reinstatement, monitoring studies and, after used, the persons who may participate in the review, the time and place where without change, of previously approved consultation with CBER, submit a collection for which approval has the review will occur, and other details. detailed study protocol within 30 days expired; Title of Information Collection: of the product’s entry into interstate Petitioners may, at any time on or Hospice Survey and Deficiencies Report commerce; (2) HAHC will qualify all before February 26, 1997, file with the Form and Supporting Regulations 42 test kits and perform acceptance testing Dockets Management Branch (address CFR Sections 488,488.26(c), on all lots to be used with the Home above) two copies of each petition and  442.30(a)(4), 442, Subpart B,C,D,E and Access HIV–1 Test System, including supporting data and information, F; Form No.: HCFA 643; Use:. The the Vironostika HIV–1 Microelisa survey report form and supporting  identified with the name of the device System manufactured by Organon and the docket number found in regulations are needed to ensure Teknika Corp. and Fluorognost HIV–1 brackets in the heading of this provider compliance. In order to IFA manufactured by Waldheim document. Received petitions may be participate in the Medicare program, a Pharmazuetika; (3) HAHC will not use seen in the office above between 9 a.m. hospice must meet certain Federal Genetic Systems Corp. LAV EIA until and 4 p.m., Monday through Friday. health and safety conditions of the reagents for that assay have passed participation. The survey report form lot acceptance protocols; (4) HAHC will This notice is issued under the will be used by State surveyors to record not commercialize the ‘‘Standard Kit’’ Federal Food, Drug, and Cosmetic Act data about a hospice’s compliance with until transport claims for the U.S. Mail (secs. 515(d), 520(h) (21 U.S.C. 360e(d), these conditions of participation in have been verified to have an acceptable 360j(h))) and under authority delegated order to initiate the certification or rate of loss; (5) HAHC will change the to the Commissioner of Food and Drugs recertification process. Frequency: accuracy claim of the Home Access (21 CFR 5.10) and redelegated to the Annually; Affected Public: State, Local HIV–1 Test System from ‘‘greater than Director, Center for Devices and or Tribal Govt, Federal Govt; Number of 99.99% accurate’’ to ‘‘greater than Radiological Health (21 CFR 5.53). Respondents: 2,150; Total Annual 99.9% accurate;’’ and (6) the package Dated: January 7, 1997. Responses: 2,150; Total Annual Hours: insert will be revised as described in a 5,375. July 12, 1996, letter. Kathryn C. Zoon, To obtain copies of the supporting A summary of the safety and Director, Center for Biologics Evaluation and statement for the proposed paperwork effectiveness data on which CBER based Research. collections referenced above, E-mail its approval is on file in the Dockets [FR Doc. 97–1852 Filed 1–24–97; 8:45 am] your request, including your address Management Branch (address above) BILLING CODE 4160±01±F and phone number, to and is available from that office upon [email protected], or call the Reports written request. Requests should be Clearance Office on (410) 786–1326. identified with the name of the device Written comments and and the docket number found in recommendations for the proposed brackets in the heading of this information collections must be mailed document. within 60 days of this notice directly to Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3903 the HCFA Paperwork Clearance Officer setting priority areas. The Healthy Start- before the deadline date and received in designated at the following address: Phase II program will directly address time for orderly processing. Applicants HCFA, Office of Financial and Human the Healthy People 2000 objectives should request a legibly dated receipt Resources, Management Analysis and related to maternal and infant health, from a commercial carrier or the U.S. Planning Staff, Attention: John Rudolph, and especially health status objective Postal Service, or obtain a legibly dated Room C2–25–05, 7500 Security 14.1, to reduce the infant mortality rate U.S. Postal Service postmark. Private Boulevard, Baltimore, Maryland 21244– to no more than 7 per 1000 live births. metered postmarks will not be accepted 1850. Potential applicants may obtain a copy as proof of timely mailing. Late Dated: January 15, 1997. of Healthy People 2000 (Full Report: competing applications or those sent to Edwin J. Glatzel, Stock No. 017–001–00474–0) or Healthy an address other than that specified in People 2000 (Summary Report: Stock the ADDRESSES section will be returned Director, Management Analysis and Planning Staff, Office of Financial and Human No. 017–001–00473–1) through the to the applicant. Resources. Superintendent of Documents, U.S. FOR FURTHER INFORMATION: Requests for [FR Doc. 97–1917 Filed 1–24–97; 8:45 am] Government Printing Office, technical or programmatic information Washington, D.C. 20402–9325 BILLING CODE 4120±03±P should be directed to Thurma McCann, (telephone 202 783–3238). M.D., M.P.H., Director, Division of The PHS strongly encourages all grant Healthy Start, Maternal and Child Health Resources and Services recipients to provide a smoke-free Health Bureau, HRSA, 5600 Fishers Administration workplace and promote the non-use of Lane, Room 11–A–05, Rockville, all tobacco products. Maryland 20857, telephone 301–443– Healthy Start Cooperative Agreements In addition, Public Law 103–227, the 0543. Requests for information Pro-Children Act of 1994, prohibits concerning administration and business AGENCY: Health Resources and Services smoking in certain facilities (or in some Administration (HRSA). management issues should be directed cases, any portion of a facility) in which to Sandy Perry, Chief, Grants ACTION: Notice of availability of funds. regular or routine education, library, Management Branch, Maternal and day care, health care or early childhood SUMMARY: The HRSA announces that Child Health Bureau, 5600 Fishers Lane, approximately $54 million dollars in development services are provided to Room 18–12, Rockville, Maryland, fiscal year (FY) 1997 funds will be children. 20857, telephone 301–443–1440. available for cooperative agreements to ADDRESSES: The Federal Register communities for the replication phase of notices and application guidance for the SUPPLEMENTARY INFORMATION: the Healthy Start Initiative, hereafter Healthy Start program are available on Program Background and Objectives called Healthy Start-Phase II. The the World Wide Web via the Internet at The Healthy Start Initiative was Healthy Start Initiative is a program of address: http://www.os.dhhs.gov/hrsa/ established as a demonstration program projects which, since FY 1991, has mchb. Click on the file name you want in 1991, based on the premise that new developed and implemented to download to your computer. It will be community-based strategies were community-based strategies to reduce saved as a self-extracting Macintosh or needed to attack the causes of infant infant mortality in areas with a high WordPerfect 5.1 file. To decompress the mortality and low birthweight incidence of infant mortality. The file once it is downloaded, type in the especially among high risk populations. purpose of Healthy Start-Phase II is to file name followed by a . The operationalize successful infant file will expand to a WordPerfect 5.1 Currently, there are 22 Healthy Start mortality reduction strategies developed file. demonstration projects that have during the demonstration phase and to For applicants for Healthy Start developed strategies to reduce infant launch Healthy Start projects in new cooperative agreements who are unable mortality in their respective rural and urban communities (i.e., to access application materials communities. Several of these strategies communities currently without a electronically, a hard copy (Revised have been highly effective in achieving Healthy Start-funded project). PHS form 5161–1, approved under OMB project objectives. Competition is open to community- clearance number 0937–0189) must be Approved applicants for this based entities interested in replicating obtained from the HRSA Grants competition must agree to receive peer or adapting existing Healthy Start Application Center. Requests should mentoring from existing Healthy Start models with assistance from selected specify the category or categories of grantees regarding the replication or Healthy Start projects already in activities for which an application is adaptation of one or more of the operation. The project period is four requested so that the appropriate forms, strategies identified below. These years, subject to continuing availability information and materials may be strategies are categorized into nine of funds. provided. The Center may be contacted intervention models (one organizational Within the HRSA, the Healthy Start by: Telephone Number: 1–888–300– and eight service): Initiative is administered by the HRSA, FAX Number: 301–309–0579, E- 1. Community-Based Consortium— Maternal and Child Health Bureau mail Address: Establishment of a local community- (MCHB). Cooperative agreements for [email protected]. Completed based consortium/advisory board/ Healthy Start-Phase II will be made applications should be returned to: coalition (consortium) of consumers under the program authority of Section Grants Management Officer (CFDA (i.e., recipients of project services # 301 of the Public Health Service Act. 93.926), HRSA Grants Application within the catchment area), providers, Funds for these awards were Center, 40 West Gude Drive, Suite 100, and others in an advisory capacity for appropriated under Public Law 104– Rockville, Maryland 20850. program planning, operations, 208. DATES: The application deadline date is monitoring, and evaluation. The PHS is committed to achieving April 15, 1997. Applications will be 2. Family Resource Center—Provision the health promotion and disease considered to be on time if they are of a community driven comprehensive prevention objectives of Healthy People either: (1) Received on or before the array of client services at a single site at 2000, a PHS led national activity for deadline date, or (2) postmarked on or an accessible community location. 3904 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

3. Enhanced Clinical Services— management and administrative and replicate one or more of the Enhancement of quality, access, experience. identified service intervention models, utilization, and/or client satisfaction of whose implementation appears Eligible Project Areas clinical services that are provided by reasonable and appropriate, which can providers such as health department New communities targeted under be accomplished within the project clinics, hospitals, and community Healthy Start-Phase II are those in period, and which are linked to a clinics. which infant mortality problems are perinatal system of care. 4. Risk Prevention and Reduction— most severe, resources can be In addition, Healthy Start-Phase II Provision of specialized services which concentrated, implementation is funds may be used only to supplement, address population based and/or system manageable, and progress can be and not to supplant or replace, either oriented issues to reduce, modify, and/ measured. existing State or local funds, or State or or eliminate medical/psycho-social A project area is defined as a local funds that would otherwise be stressors or unhealthy behaviors that geographic area for which made available to the project. Any threaten or affect childbearing women improvements have been planned and appearance of supplantation will and their families. are being implemented. A project area disqualify the application. must represent a reasonable and logical 5. Care Coordination/Case It is anticipated that intensive Federal catchment area. The project Management—Provision of services in a programmatic involvement and consortium’s responsibility for this coordinated approach through client substantial consultation will be required catchment area includes the provision assessment, monitoring, facilitation and with grantees and mentoring of ongoing advice to and oversight of the follow-up of utilization of needed organizations in these cooperative delivery of project services for the services. agreements. Federal involvement may duration of the project period. Proposed include planning, guidance, 6. Outreach/Client Recruitment— activities should incorporate the coordination and participation in Provision of case finding services which Healthy Start principles of innovation, programmatic activities. Periodic actively reach out into the community community commitment and meetings, conferences, and/or to recruit perinatal clients. involvement, increased access, service communications with the award 7. Facilitating Services—Provision of integration, and personal responsibility. recipients are held to review mutually enabling services such as translation, Applicants are eligible for funding agreed upon goals and objectives and to transportation, and child care to assist under Healthy Start-Phase II if, for the assess progress. The outcome of Federal clients to receive services and baseline three-year period of 1991–1993 oversight activities could lead to participate in infant mortality reduction (unless other wise specified), the adjustments in priority tasks for a programs. proposed project area had the following project. 8. Education and Training—Provision verifiable characteristics: A separate, limited competition of planned education and public —An average infant mortality rate of at among existing Healthy Start projects information to address risk factors least 12.9 deaths per 1,000 live births, will complement these new Healthy associated with infant mortality, and to from vital statistics data, and at least Start-Phase II grants. It will provide improve individual and community three of the following: funding for: (1) continued support of health. • A percentage of births to teens successful strategies and interventions; 9. Adolescent Programs—Provision of which exceeded the national average of and (2) peer mentoring of health care services which focus on the unique 5.0 percent of live births; providers, including managed care needs of adolescents to help them • A percentage of low birth weight organizations and the new Healthy Start understand the need for pregnancy births which exceeded the national communities. This limited competition prevention and the complexities of average of 7.1 percent of live births; will be conducted separately and apart childbearing. • A rate of postneonatal mortality from the open competition announced Eligible Applicants which exceeded the national average of in this notice. 3.6 per 1,000 live births; Special Concerns Applicants for Healthy Start-Phase II • A percentage of children under 18 cooperative agreements must be public with family incomes below the Federal HRSA’s Maternal and Child Health or nonprofit private organizations, or Poverty Level which exceeded the Bureau places special emphasis on tribal and other organizations national average of 22 percent for 1993 improving service delivery to women, representing American Indians, Alaskan only. infants, children and youth from Natives, Native Hawaiians,or Pacific communities with limited access to Islanders, applying as or on behalf of an Funding Category comprehensive care. In order to assure existing community-based consortium, The single category open for access and cultural competence, it is and have infant mortality reduction competition this year will be expected that projects will involve initiatives already underway. In the case cooperative agreements with new individuals from the populations to be of overlapping project areas or more communities seeking funds to replicate served in the planning and than one applicant for the same project or adapt successful Healthy Start implementation of the project. The area, only one application will be strategies to reduce infant mortality, in Bureau’s intent is to ensure that project considered for funding. Applicants must conjunction with individual programs interventions are responsive to the be in partnership with a current already underway. Approximately cultural and linguistic needs of special consortium which has been: (1) In $54,000,000 is available to fund up to 30 populations, that services are accessible operation at least the last 2 years prior new communities, with awards ranging to consumers, and that the broadest to date of the application; and (2) from $250,000 up to $2,000,000 per possible representation of culturally involved in MCH activities (e.g. health project for one year. The project period distinct and historically fairs, support groups) in the project area. is up to four years, subject to continuing underrepresented groups is supported A consortium which has organized as a availability of funds. through programs and projects community-based organization may Consideration for funding will be sponsored by the MCHB. This same apply if it has demonstrable given to projects which operationalize special emphasis applies to improving Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3905 service delivery to children with special applications and the applicant’s ability specific model strategies included in health care needs. to replicate the chosen model(s). There the proposed project plan, and In keeping with the goals of will be separate ORC panels for urban identify the actual or anticipated advancing the development of human and rural applicants. agencies and resources that will be potential, strengthening the Nation’s Five pre-application conferences for used to implement those strategies. capacity to provide high quality interested and potential applicants will —The extent to which the proposed education by broadening participation be held February, 1997. These project plan will enhance existing in MCHB programs of institutions that conferences will present the Healthy infant mortality reduction activities may have perspectives uniquely Start Initiative and its models of already underway within the reflecting the Nation’s cultural and intervention, as well as answer community. linguistic diversity, and increasing questions relevant to the solicitation —The extent to which the project plan’s opportunities for all Americans to and review of applications. These objectives incorporate performance participate in and benefit from Federal conferences are planned for the based indicators that are measurable, public health programs, HRSA will metropolitan areas of Washington, D.C., logical, and appropriate in relation to place a funding priority on projects from (February 10), Atlanta, GA (February the specific problems and Healthy Historically Black Colleges and 12), Los Angeles, CA (February 20), Start model(s) identified. Universities (HBCU) or Hispanic Kansas City, MO (February 24), and —The extent to which the activities Serving Institutions in all categories and Rockville, MD (February 28). involved in each proposed model subcategories in this notice for which Interested parties should complete the appear feasible and likely to applications from academic institutions registration form located within the contribute to the achievement of the are encouraged. This is in conformity application kit and return it via fax by project’s objectives within each with the Federal Government’s policies February 1, 1997 to the National Center budget period. in support of White House Initiatives on for Education in Maternal and Child • Factor III (Weight-20 percent): The Historically Black Colleges and Health (NCEMCH). An eletronic version applicant’s fiscal and program Universities (Executive Order 12876) of the registration form is also available management capability and/or capacity, and Educational Excellence for Hispanic through the Healthy Start eletronic mail as measured by: Americans (Executive Order 12900). An addresss listed below. The completed —The extent of the applicant’s approved proposal from a HBCU or registration form should be faxed to capability to carry out the replication Hispanic Serving Institution will receive NCEMCH at (703) 524–9335. or adaptation of the proposed a 0.5 point favorable adjustment of the For more information, please refer to model(s) within the project area and priority score in a 4 point range before the guidance or contact NCEMCH’s to play a substantive role in carrying funding decisions are made. Healthy Start Project via electronic mail, out project activities associated with Evaluation Protocol [email protected] or the model(s). telephone 703–524–6537. All Healthy Start projects, must —The extent to which the applicant has incorporate a carefully designed and Review Criteria for Applicants demonstrated an ability to maximize and coordinate existing resources and well planned evaluation protocol The following factors will be used, to capable of demonstrating and acquire additional resources. review and evaluate applications for —The extent to which the plan to documenting measurable progress awards announced in this notice: measure program performance is well toward achieving the project’s stated organized, adequately described, and goals. The protocol should be based on Stage 1 complies with MCHB’s evaluation a clear rationale relating the grant • Factor I (Weight-5 percent): The protocol for its discretionary grants activities, the project goals, and the soundness of the application, as and cooperative agreements. evaluation measures. Wherever measured by the logical flow of the • possible, the measurements of progress narrative, the quality of its content and Factor IV (Weight-10 percent): toward goals should focus on health its proposed methodology. Evidence of support from and linkage to outcome indicators, rather than on • Factor II (Weight-35 percent): The the State and local perinatal systems, as intermediate measures such as process extent to which the proposed project is measured by: or outputs. A project lacking a complete adequately described, as measured by —The extent to which the project is and well-conceived evaluation protocol the following: linked to an existing perinatal system as part of the planned activities will not —The extent to which the demonstrated of care and enhances the applicant’s be funded. need(s) of the target population to be infant mortality reduction program already in operation. Review Process served is adequately described and supported in the needs assessment —The extent of actual or planned Because of the anticipated and summarized in the problem involvement of the State and local overwhelming response to this statement. MCH and/or the Indian Health announcement and the inability to fund —The extent to which the proposed Service Area MCH Coordinator (as all that may be approved, applications project plan addresses the appropriate appropriate) and other agencies is for the Healthy Start-Phase II will be documented need(s) of the targeted clearly evident. reviewed in two stages. Stage 1 will population, including attention to the —The extent to which the project is consist of a competitive review by an cultural and linguistic needs of consonant with overall State efforts to Objective Review Committee (ORC) of consumers. develop comprehensive community all of the applications that have been —The extent to which the proposed based systems of services, and focuses determined eligible. Once the ORC has project plan is congruent with the on service needs identified in the completed this initial review, those scope of one or more of the eight State’s MCH Services Block Grant applicants determined to be highly service models of intervention. Plan. competitive will receive a Stage 2 pre- —The extent to which the proposed • Factor V (Weight-15 percent): award validation site visit to reaffirm project plan is adequately described. Structure and Role of Applicant’s the information contained in the This description should delineate the Consortium, as measured by: 3906 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

—The effectiveness of the consortium indirect costs. HRSA adheres to certain Federal programs. The activities during its years of existence, administrative standards reflected in the application packages to be made as demonstrated by evidence that the Code of Federal Regulations 45 CFR Part available under this notice will contain consortium has an ongoing advisory 92 and 45 CFR Part 74. All other sources a listing of States which have chosen to role in the project community’s MCH of funding to support this project must set up such a review system and will activities. be accurately reflected in the applicant’s provide a single point of contact (SPOC) —The extent to which the consortium budget. in the States for review. Applicants includes appropriate representation of Reports (other than federally-recognized Indian project area consumers, providers, tribal governments) should contact their and other key stake holders. A successful applicant under this State SPOCs as early as possible to alert —The role and plan of action of the notice will submit reports in accordance them to the prospective applications consortium in the implementation of with the provisions of the general and receive any necessary instructions the proposed project plan is regulations which apply under 45 CFR on the State process. For proposed adequately described. Part 74, Subpart J, Monitoring and projects serving more than one State, the Reporting of Program Performance, with • Factor VI (Weight-15 percent): The applicant is advised to contact the SPOC the exception of State and local appropriateness of the budget, as of each affected State. The due date for governments, to which 45 CFR Part 92, measured by: State process recommendations is 60 Subpart C reporting requirements will days after the application deadline for —The extent to which the proposed apply. Financial reporting will be budget is realistic, adequately new and competing awards. The required in accordance with 45 CFR Part granting agency does not guarantee to justified, and consistent with the 74, Subpart H, with the exception of proposed project plan. ‘‘accommodate or explain’’ for State State and local governments, to which process recommendations it receives —The extent to which the costs of 45 CFR 92.20 will apply. administration and evaluation are after that date. reasonable and proportionate to the Public Health System Reporting The OMB Catalog of Federal Domestic costs of service provision. Requirements Assistance number is 93.926. —The degree to which the costs of each This program is subject to the Public Dated: January 22, 1997. model are economical in relation to Health System Reporting Requirements Ciro V. Sumaya, the proposed service utilization. (approved under OMB No. 0937–0195). Administrator. Under these requirements, community- Stage 2 [FR Doc. 97–1928 Filed 1–24–97; 8:45 am] based nongovernmental applicants must BILLING CODE 4160±15±P • Validation Site Visit (Weight-100 prepare and submit a Public Health percent): System Impact Statement (PHSIS). The —Reaffirmation of the applicant’s PHSIS is intended to provide DEPARTMENT OF HOUSING AND information, consortium’s structure information to State and local health URBAN DEVELOPMENT and activities, and existing service officials to keep them apprised of systems and operations, based on a proposed health services grant [Docket No. FR±4200±N±11] pre-award site visit to those applications submitted by community- applicants for whom the objective based nongovernmental organizations Submission for OMB Review: review committee has scored as within their jurisdictions. Community- Comment Request highly competitive. The site visit will based, nongovernmental applicants are AGENCY: Office of Administration, HUD. include assessments of the following: required to submit the following ACTION: Notice. I. Grantee Capability information to the head of the II. Consortium Role and Structure appropriate State and local health SUMMARY: The proposed information III. State and Local Perinatal System Linkage agencies in the area(s) to be impacted no collection requirement described below IV. Other Factors As Appropriate later than the Federal application has been submitted to the Office of receipt due date: Preference Management and Budget (OMB) for (a) A copy of the face page of the review, as required by the Paperwork Preference for funding will be given to application (SF 424). Reduction Act. The Department is projects which: (1) Help to achieve an (b) A summary of the project (PHSIS), not soliciting public comments on the equitable geographical distribution of to exceed one page, which provides: subject proposal. projects across all States and territories; (1) A description of the population to be DATES: Comments due date: February or (2) show strong evidence of served. 26, 1997. sustainability beyond the period of (2) A summary of the services to be provided. federal Healthy Start funding, such as ADDRESSES: Interested persons are (3) A description of the coordination invited to submit comments regarding those in Enterprise Zones/ planned with the appropriate State or local Empowerment Communities or with health agencies. this proposal. Comments must be other substantial commitments of public received within thirty (30) days from the or private sector resources. Executive Order 12372 date of this Notice. Comments should This program has been determined to refer to the proposal by name and/or Allowable Costs be a program which is subject to the OMB approval number and should be The Health Resources and Services provisions of Executive Order 12372 sent to: Joseph F. Lackey, Jr., OMB Desk Administration will support reasonable concerning intergovernmental review of Officer, Office of Management and and necessary costs of Healthy Start- Federal programs by appropriate health Budget, Room 10235, New Executive Phase II grants within the scope of planning agencies, as implemented by Office Building, Washington, DC 20503. approved activities. Allowable costs 45 CFR Part 100. Executive Order 12372 FOR FURTHER INFORMATION CONTACT: may include salaries, equipment and allows States the option of setting up a Kay F. Weaver, Reports Management supplies, travel, contractual, system for reviewing applications from Officer, Department of Housing and consultants, and others, as well as within their States for assistance under Urban Development, 451 7th Street, Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3907

Southwest, Washington, DC 20410, number of hours needed to prepare the Office: Public and Indian Housing. telephone (202) 708-0050. This is not a information submission including OMB Approval Number: 2577–0144. toll-free number. Copies of the proposed number of respondents, frequency of forms and other available documents response, and hours of response; (9) Description of the Need for the submitted to OMB may be obtained whether the proposal is new, an Information and its Proposed Use: The from Ms. Weaver. extension, reinstatement, or revision of form is used by HUD to monitor Public SUPPLEMENTARY INFORMATION: The an information collection requirement; Housing Agency’s (PHA) progress in Department has submitted the proposal and (10) the names and telephone implementing the Moderate for the collection of information, as numbers of an agency official familiar Rehabilitation Program and as a means described below, to OMB for review, as with the proposal and of the OMB Desk of approving PHA requisitions for required by the Paperwork Reduction Officer for the Department. funds. Also, the form will assist HUD in Act (44 U.S.C. Chapter 35). Authority: Section 3507 of the Paperwork identifying those projects where a The Notice lists the following Reduction Act of 1995, 44 U.S.C. 35, as reduction in the number of units under information: (1) the title of the amended. an Annual Contributions Contract (ACC) information collection proposal; (2) the Dated: January 14, 1997. is required due to underutilization by office of the agency to collect the David S. Cristy, the PHA. information; (3) the OMB approval Acting Director, Information Resources, Form Number: HUD–52685. number, if applicable; (4) the Management Policy and Management description of the need for the Division. Respondents: State, Local, or Tribal information and its proposed use; (5) Government. Notice of Submission of Proposed the agency form number, if applicable; Frequency of Submission: Annually Information Collection to OMB (6) what members of the public will be and Quarterly. affected by the proposal; (7) how Title of Proposal: Report on Program frequently information submissions will Utilization—Section 8 Moderate Reporting Burden: be required; (8) an estimate of the total Rehabilitation.

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

Annual Reporting ...... 500 1 .5 250 Quarterly Reporting ...... 100 4 .5 200

Total Estimated Burden Hours: 450. Budget, New Executive Office Building, performance in implementing effective Status: Reinstatement, with changes. Washington, D.C. 20503. screening and eviction policies and Contact: Diane A. Thompson, HUD, FOR FURTHER INFORMATION CONTACT: Kay other anti-crime strategies. (202) 708–0477 x4079; Joseph F. Lackey, F. Weaver, Reports Management Officer, The questionnaire will help HUD to Jr., OMB, (202) 395–7316. Department of Housing and Urban determine the progress PHAs have made Development, 451 Seventh Street, SW, in 1996 towards implementing this [FR Doc. 97–1840 Filed 1–24–97; 8:45 am] important crime reduction and lease BILLING CODE 4210±01±M Washington, D.C. 20410, telephone (202) 708–0055. This is not a toll-free enforcement strategy. The information number. Copies of the documents will be used to help the Department submitted to OMB may be obtained determine what kind of training [Docket No. FR±4200±N±13] from Ms. Weaver. resources, instruction and technical assistance will be required in 1997 for Submission for OMB Review: SUPPLEMENTARY INFORMATION: This successful implementation of the ‘‘One Comment Request Notice informs the public that the Strike’’ policy. Department of Housing and Urban AGENCY: Office of the Assistant The Department has submitted the Development has submitted to OMB, for proposal for the collection of Secretary for Public and Indian emergency processing, ‘‘One Strike and Housing, HUD. information to OMB for review, as You’re Out’’ Progress Questionnaire. required by the Paperwork Reduction ACTION: Notice. On March 28, 1996, the President Act (44 U.S.C. Chapter 35). The announced a ‘‘One Strike and You’re SUMMARY: Department has requested emergency The proposed information Out’’ policy for public housing collection requirement described below clearance of the collection of residents. In addition to reiterating the information, as described below, with has been submitted to the Office of existing screening and eviction Management and Budget (OMB) for approval being sought by January 30, authority of Public Housing Agencies 1997: emergency review, as required by the (PHAs) the ‘‘One Strike’’ policy Paperwork Reduction Act. The (1) Title of the information collection includes: (1) A new authority for PHAs proposal: ‘‘One Strike and You’re Out’’ Department is soliciting public to deny occupancy on the basis of illegal comments on the subject proposal. Progress Questionnaire. drug-related activities and alcohol abuse (2) Summary of the collection of DATES: The due date for comments is: when such abuse leads to behavior that information: PHAs will answer ten February 3, 1997. threatens the health, safety, or peaceful questions concerning implementation of ADDRESSES: Interested persons are enjoyment of the premises by other the ‘‘One Strike and You’re Out’’ policy invited to submit comments regarding residents, and (2) a revision to the in Notice PIH 96–16 (HA), dated April this proposal. Comments should refer to Public Housing Management 12, 1996. the proposal by name and should be Assessment Program (PHMAP) system, (3) Description of the need for the sent to: Joseph F. Lackey, Jr., HUD Desk to include a new evaluation component information and its proposed use: HUD Officer, Office of Management and on security that measures PHA will use the information to determine 3908 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices where training and technical assistance soliciting public comments on the number of respondents, frequency of efforts will be best employed in 1997. subject proposal. response, and hours of response; (9) The information will also help HUD DATES: Comments due date: February whether the proposal is new, an monitor the progress of PHAs 26, 1997. extension, reinstatement, or revision of implementing the ‘‘One Strike’’ policy ADDRESSES: Interested persons are an information collection requirement; to ensure that our nation’s neediest invited to submit comments regarding and (10) the names and telephone citizens can live in peace and safety that this proposal. Comments must be numbers of an agency official familiar they deserve. received within thirty (30) days from the with the proposal and of the OMB Desk (4) Description of the likely date of this Notice. Comments should Officer for the Department. respondents, and proposed frequency of refer to the proposal by name and/or Authority: Section 3507 of the Paperwork response to the collection of OMB approval number and should be Reduction act of 1995, 44 U.S.C. 35, as information: State, Local Governments sent to: Joseph F. Lackey, Jr., OMB Desk amended. will submit the questionnaire one-time. Officer, Officer of Management and Dated: January 16, 1997. (5) Estimate of the total reporting Budget, Room 10235, New Executive David S. Cristy, burden that will result from the Office Building, Washington, DC 20503. Acting Director, Information Resources, collection of information. FOR FURTHER INFORMATION CONTACT: Management Policy and Management Reporting Burden Kay F. Weaver, Reports Management Division. Number of respondents: 3,200 (@ 15 Officer, Department of Housing and Notice of Submission of Proposed minutes per response). Urban Development, 451 7th Street, Information Collection to OMB Total Estimated Burden Hours: 480. Southwest, Washington, DC 20410, telephone (202) 708–0050. this is not a Title of Proposal: General Conditions Authority: Section 3507 of the Paperwork for Construction—Public and Indian Reduction Act of 1995, 44 U.S.C. Chapter 35, toll-free number. Copies of the proposed forms and other available documents Housing Programs. as amended. Office: Public and Indian Housing. Dated: January 17, 1997. submitted to OMB may be obtained from Ms. Weaver. OMB Approval Number: 2577–0094. Kay F. Weaver, SUPPLEMENTARY INFORMATION: Description of the Need for the Acting Director, IRM Policy and Management The Department has submitted the proposal Information and its Proposed Use: The Division. form is required for construction [FR Doc. 97–1841 Filed 1–24–97; 8:45 am] for the collection of information, as described below, to OMB for review, as contracts awarded by Public Housing BILLING CODE 4210±01±M required by the Paperwork Reduction Agencies (PHAs) and Indian Housing Act (44 U.S.C. Chapter 35). authorities (IHAs). The form includes those clauses required by OMB’s Office of Administration The Notice lists the following information: (1) the title of the common rule on grantee procurement, [Docket No. FR±4200±N±14] information collection proposal; (2) the implemented at HUD in 24 CFR 85.36, office of the agency to collect the HUD program regulations on grantee Submission for OMB Review: information; (3) the OMB approval procurement, and HUD Handbooks Comment Request number, if applicable; (4) the implementing those regulations. The form is used by PHAs and IHAs in AGENCY: Office of Administration, HUD. description of the need for the solicitations to provide necessary ACTION: Notice. information and its proposed use; (5) the agency form number, if applicable; contract clauses. SUMMARY: The proposed information (6) what members of the public will be Form Number: HUD–5370. collection requirement described below affected by the proposal; (7) how Respondents: State, Local, or Tribal has been submitted to the Office of frequently information submissions will Government. Management and Budget (OMB) for be required; (8) an estimate of the total Frequency of Submission: On review, as required by the Paperwork number of hours needed to prepare the Occasion. Reduction Act. The Department is information submission including Reporting Burden:

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

Recordkeeping ...... 2,694 1 1 2,694

Total Estimated Burden Hours: 2,694. ACTION: Notice. received within thirty (30) days from the Status: Reinstatement, with changes. date of this Notice. Comments should Contact: Andrew Suski, HUD, (202) SUMMARY: The proposed information refer to the proposal by name and/or 708–4703; Joseph F. Lackey, Jr., OMB, collection requirement described below OMB approval number and should be (202) 395–7316. has been submitted to the Office of sent to: Joseph F. Lackey, Jr., OMB Desk Management and Budget (OMB) for [FR Doc. 97–1842 Filed 1–24–97; 8:45 am] Officer, Office of Management and review, as required by the Paperwork Budget, Room 10235, New Executive BILLING CODE 4210±01±M Reduction Act. The Department is Office Building, Washington, DC 20503. soliciting public comments on the subject proposal. FOR FURTHER INFORMATION CONTACT: [Docket No. FR±4200±N±12] DATES: Comments due date: February Kay F. Weaver, Reports Management 26, 1997. Submission for OMB Review: Officer, Department of Housing and Comment Request ADDRESSES: Interested persons are Urban Development, 451 7th Street, invited to submit comments regarding Southwest, Washington, DC 20410, AGENCY: Office of Administration, HUD. this proposal. Comments must be telephone (202) 708–0050. This is not a Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3909 toll-free number. Copies of the proposed information submission including Submission Requirements and forms and other available documents number of respondents, frequency of Processing. submitted to OMB may be obtained response, and hours of response; (9) Office: Housing from Ms. Weaver. whether the proposal is new, an OMB Approval Number: 2502–0515. SUPPLEMENTARY INFORMATION: The extension, reinstatement, or revision of Description of the Need for the Department has submitted the proposal an information collection requirement; Information and its Proposed Use: This for the collection of information, as and (10) the names and telephone information is required from projects described below, to OMB for review, as numbers of an agency official familiar that have FHA-insured mortgages and required by the Paperwork Reduction with the proposal and of the OMB Desk that receive Section 8 rent assistance. Act (44 U.S.C. Chapter 35). officer for the Department. This notice describes the application The Notice lists the following Authority: Section 3507 of the Paperwork and processing procedures for a information: (1) The title of the Reduction Act of 1995, 44 U.S.C. 35, as demonstration program that is designed information collection proposal; (2) the amended. to restructure the financing of the office of the agency to collect the Dated: January 16, 1997. projects. The demonstration will also information; (3) the OMB approval David S. Cristy, test the desirability of multifamily number, if applicable; (4) the Acting Director, Information Resources, projects meeting their insurance and/or description of the need for the Management Policy and Management Section 8 assistance. information and its proposed use; (5) Division. Form Number: None. the agency form number, if applicable; Respondents: Individuals or (6) what members of the public will be Notice of Submission of Proposed Households, Business or Other For- affected by the proposal; (7) how Information Collection to OMB Profit, and Not For-Profit Institutions. frequently information submissions will Title of Proposal: Mark to Market/ Frequency of Submission: On be required: (8) an estimate of the total Portfolio Reengineering Demonstration Occasion. number of hours needed to prepare the Program Guidelines Proposal Reporting Burden:

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

Information Collection ...... 200 1 80 16,000

Total Estimated Burden Hours: reports from the Council’s Technical Bureau of Land Management 16,000. Advisory Team. The meeting is open to Status: Extension, without changes. the public. [WY±010±5101±00±K022, WYW±131027] Contact: George C. Dipman, HUD, (202) 708–1220 x2574; Joseph F. Lackey, DATES: The Klamath Fishery Notice of Availability and Public Jr., OMB, (202) 395–7316. Management Council will meet from Meeting on the Enviromental Impact 9:00 a.m. to 5:30 p.m. on Tuesday, Statement for the Greybull Valley [FR Doc. 97–1843 Filed 1–24–97; 8:45 am] February 18, 1996. Irrigation District Dam and Reservoir BILLING CODE 4210±01±M Project, WY PLACE: The meeting will be held at the DoubleTree Hotel, 3555 Round Barn AGENCIES: Bureau of Land Management, DEPARTMENT OF THE INTERIOR Blvd., Santa Rosa, California. Interior and Army Corps of Engineers, Defense. FOR FURTHER INFORMATION CONTACT: Dr. Fish and Wildlife Service ACTION: Notice of Availability and Ronald A. Iverson, Project Leader, U.S. Notice of Public Meeting on the Draft Fish and Wildlife Service, P.O. Box Klamath Fishery Management Council Environmental Impact Statement for the 1006 (1215 South Main), Yreka, Meeting Greybull Valley Irrigation District Dam California 96097–1006, telephone (916) AGENCY: Fish and Wildlife Service, and Reservoir Project for public review 842–5763. Interior. and comment, Park County, Wyoming. ACTION: Notice of meeting. SUPPLEMENTARY INFORMATION: For SUMMARY: A Draft Environmental Impact background information on the Klamath Statement (DEIS) for a proposal from the SUMMARY: Pursuant to section 10(a)(2) of Council, please refer to the notice of Greybull Valley Irrigation District the Federal Advisory Committee Act (5 their initial meeting that appeared in the U.S.C. App. I), this notice announces a (GVID) to construct, operate, and Federal Register on July 8, 1987 (52 FR maintain a 150-foot-high zoned-earth meeting of the Klamath Fishery 25639). Management Council, established under embankment dam and an associated the authority of the Klamath River Basin Dated: January 17, 1997. 33,470 acre-foot impoundment in an unnamed drainage west of Roach Gulch, Fishery Resources Restoration Act (16 Thomas J. Dwyer, U.S.C. 460ss et seq.). The Klamath a tributary of the Greybull River, on Acting Regional Director. Fishery Management Council makes public lands in Park County, Wyoming, recommendations to agencies that [FR Doc. 97–1863 Filed 1–24–97; 8:45 am] is available for public review. The DEIS regulate harvest of anadromous fish in BILLING CODE 4310±55±P describes and documents the analysis of the Klamath River Basin. This meeting three alternatives and discloses each will address fall chinook stock alternative’s environmental effects. A projections for 1997, reports on fall public meeting for comment on the chinook returns to the Klamath River in DEIS will be held. 1996, anticipated issues and constraints DATES: Written comments concerning affecting 1997 harvests, and technical the analysis will be accepted for 60 days 3910 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices following the date the Environmental The DEIS is not a decision document. County, Colorado, was timely filed and Protection Agency (EPA) publishes the The purpose of the DEIS is to provide was accompanied by all required rentals notice of filing of the DEIS in the sufficient information for the BLM and and royalties accruing from January 1, Federal Register. When the closing date Corps to make an informed decision 1997 the date of termination. for public comments is known, it will be about GVID’s proposal. It is a document No valid lease has been issued published in the local newspapers. disclosing the likely environmental affecting the lands. The lessee has Comments should be sent to BLM, consequences of implementing the agreed to new lease terms for rentals Worland District; Don Ogaard, Project proposed action or one of the and royalties at rates of $10 per acre and Manager; P.O. Box 119; Worland, alternatives to that action. The BLM’s 162⁄3 percent, respectively. The lessee Wyoming 82401–0119. A public Preferred Alternative is Alternative B, has paid the required $500 meeting will be held in Emblem, Proposed Action, as modified by the administrative fee for the lease and has Wyoming on January 29, 1997, to mitigation described in Chapter 5 of the reimbursed the Bureau of Land provide opportunities for the public to DEIS. The Corps does not identify a Management for the cost of this Federal meet with representatives from the BLM Preferred Alternative at this time. Register notice. and the Corps, and comment on the Before GVID may construct the Having met all the requirements for DEIS. The meeting will be held at the project, it must obtain Federal, State, reinstatement of the lease as set out in Emblem Community Hall, beginning at county, and local permits. Because the Section 31(d) and (e) of the Mineral 6:30 p.m. reservoir would inundate public land Leasing Act of 1920, as amended, (30 ADDRESSES: Copies of the DEIS may be administered by the BLM, the GVID U.S.C. 188(d) and (e), the Bureau of reviewed at the following locations: must obtain a Right-of-Way Grant from Land Management is proposing to Worland District BLM Office, 101 South the BLM. A permit under Section 404 of reinstate the lease effective January 1, 23rd Street, (contact Don Ogaard, BLM the Clean Water Act to conduct 1997, subject to the original terms and Project Manager) Worland, Wyoming; operations in a water of the United condition of the lease and the increased Wyoming State BLM Office, 5353 States, issued by the Corps, would also rental and royalty rates cited above. Yellowstone Road, Cheyenne, Wyoming be required. As part of the process for Questions concerning this notice may (Susan Bennett, Supervisor, Records granting the permits, these agencies be directed to Milada Krasilinec of the and Public Service Group); Army Corps must consider the GVID’s proposal Colorado State Office (303) 239–3767. of Engineers, Cheyenne Regulatory under NEPA. Dated: January 13, 1997. Office, 2232 Dell Range Blvd, Suite 210, Comments, including names and Milada Krasilinec, Cheyenne (Chandler Peter, Corps Project addresses of respondents, will be Manager); Army Corps of Engineers, available for public review at the BLM’s Land Law Examiner, Oil and Gas Management Team. Omaha District Office, 215 N. 17th Worland District office during regular Street, Omaha, Nebraska (Becky Latka, business hours (7:30 a.m. to 4:30 p.m.), [FR Doc. 97–1915 Filed 1–24–97; 8:45 am] EIS Technical Manager); and county, Monday through Friday, except BILLING CODE 4310±JB±M city, and college libraries near the holidays and may be published as part proposed project. of the final environmental impact [WY±921±41±5700; WYW124445] FOR FURTHER INFORMATION CONTACT: Don statement. Individual respondents may Ogaard, BLM Project Manager, Bureau request confidentiality. If you wish to withhold your name or address from Notice of Proposed Reinstatement of of Land Management, Worland District Terminated Oil and Gas Lease Office, P.O. Box 119, 1101 South 23rd public review or from disclosure under Street, Worland, Wyoming 82401–0119, the Freedom of Information Act, you January 15, 1997. telephone (307) 347–5160; or Candace must state this prominently at the Pursuant to the provisions of 30 M. Thomas, Chief, Environmental beginning of your comment. Such U.S.C. 188(d) and (e), and 43 CFR Analysis Branch, Planning Division, requests will be honored to the extent 3108.2–3(a) and (b)(1), a petition for Army Corps of Engineers, Omaha allowed by law. All submissions from reinstatement of oil and gas lease District, 215 North 17th Street, Omaha, organizations or businesses, and from WYW124445 for lands in Lincoln Nebraska 68102–4978, telephone (402) individuals identifying themselves as County, Wyoming, was timely filed and 221–4598. representatives or officials of was accompanied by all the required SUPPLEMENTARY INFORMATION: The organizations or businesses, will be rentals accruing from the date of Greybull Valley Irrigation District made available for public inspection in termination. (GVID) proposes to construct a 150-foot- their entirety. The lessee has agreed to the amended high zoned-earth embankment dam in Because the final EIS may be issued lease terms for rentals and royalties at an unnamed drainage west of Roach in partial text format, the draft EIS rates of $10.00 per acre, or fraction should be retained for future reference. Gulch, a tributary of the Greybull River, thereof, per year and 162⁄3 percent, in Park County, Wyoming. This dam Dated: January 16, 1997. respectively. would impound 33,470 acre-feet of Alan L. Kesterke, The lessee has paid the required $500 water, inundating about 700 acres of Associate State Director. administrative fee and $125 to BLM-administered public lands. The [FR Doc. 97–1902 Filed 1–24–97; 8:45 am] reimburse the Department for the cost of GVID’s purpose and need for the BILLING CODE 4310±22±P this Federal Register notice. The lessee proposal is primarily to provide early has met all the requirements for and late season water for irrigated crops; reinstatement of the lease as set out in and to allow better overall regulation of [CO±934±97±5700±00; COC58657] Section 31 (d) and (e) of the Mineral their system. The DEIS also considers an Colorado; Proposed Reinstatement of Lands Leasing Act of 1920 (30 U.S.C. alternative location in Blackstone Terminated Oil and Gas Lease 188), and the Bureau of Land Gulch, another tributary of the Greybull Management is proposing to reinstate River; as well as the ‘‘No Action’’ Under the provisions of Public Law lease WYW124445 effective July 1, Alternative, under which no dam would 97–451, a petition for reinstatement of 1996, subject to the original terms and be built. oil and gas lease COC58657, Archuleta conditions of the lease and the Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3911 increased rental and royalty rates cited Dated: January 10, 1997. the State Director. In the absence of any above. Bob Armstrong, adverse comments, the classification Theresa M. Stevens, Assistant Secretary of the Interior. will become effective March 28, 1997. Acting Chief, Leasable Minerals Section. [FR Doc. 97–1913 Filed 1–24–97; 8:45 am] SUPPLEMENTARY INFORMATION: Detailed [FR Doc. 97–1905 Filed 1–24–97; 8:45 am] BILLING CODE 4310±33±P information concerning this action is BILLING CODE 4310±22±P available for review at the Bureau of Land Management, Ridgecrest Resource [CA±065±06±1430±00, CACA±23033] Area, 300 S. Richmond Road, Ridgecrest, CA 93555. [OR±958±0777±63; GP6±0246; OR±19615 Notice of Realty Action; Classification Lee Delaney, (WA)] of Public Lands for Recreation and Public Purposes, Kern County, Area Manager. Public Land Order No. 7237; California [FR Doc. 97–1899 Filed 1–24–97; 8:45 am] Revocation of the Executive Order BILLING CODE 4310±40±P Dated October 24, 1916; Washington AGENCY: Bureau of Land Management SUMMARY: The following described land [ID±035±1430±01; IDI±31091] AGENCY: Bureau of Land Management, has been examined and found suitable Interior. for classification for lease and Notice of Realty Action; Idaho ACTION: conveyance to the Exotic Feline Public land order. AGENCY: Breeding Compound under the Bureau of Land Management, Interior. SUMMARY: This order revokes in its provisions of the Recreation and Public ACTION: Notice of Action—Amendment entirety an Executive order which Purposes Act, as amended (43 U.S.C. of the Medicine Lodge Resource withdrew approximately 155 acres of 869 et seq). Management Plan (RMP)/Notice of public lands for the Bureau of Land Realty Action (NORA), Direct Sale of Management’s Powersite Reserve No. San Bernardino Meridian Public Land in Jefferson County, Idaho. 556. The lands are no longer needed for T.9S., R.13W., the purpose for which they were Section 14 Lots 6–7 (excluding MS 5254, MS 5210, and MS 5217) NOTICE: Notice is hereby given that the withdrawn. The lands are included in BLM has amended the Idaho Falls Containing 15.41 acres, more or less. overlapping withdrawals and remain District’s Medicine Lodge RMP to allow closed to surface entry and mining. The The Exotic Feline Breeding for direct sale of 46.95 acres of public lands have been and will remain open Compound, a non-profit organization, land containing the Mud Lake Airport to to mineral leasing. has applied to lease/acquire the public the City of Mud Lake. lands to expand their current facility in EFFECTIVE DATE: January 27, 1997. SUMMARY: The following described lands order to provide additional habitat and have been examined and through the FOR FURTHER INFORMATION CONTACT: to improve existing habitat. The land public supported land use planning Betty McCarthy, BLM Oregon/ will be developed in accordance with process have been determined to be Washington State Office, P.O. Box 2965, the plan of development. The lands are suitable for direct sale to the City of Portland, Oregon 97208–2965, 503–952– not needed for Federal purposes, and Mud Lake pursuant to Section 203 of 6155. lease or conveyance would be consistent the Federal Land Policy and By virtue of the authority vested in with the California Desert Conservation Management Act of 1976 (43 U.S.C. the Secretary of the Interior by Section Act Plan. The lease/patent, when 1716). 204 of the Federal Land Policy and issued, will be subject to the following terms, conditions and reservations: T. 6 N., R. 34 E., BM Management Act of 1976, 43 U.S.C. Sec. 18, lots 16, 18, 21, 23, 26; 1714 (1988), it is ordered as follows: 1. Provisions of the Recreation and Public Purpose Act and applicable The purpose of this land sale is to 1. The Executive Order dated October regulations of the Secretary of the allow the City of Mud Lake to acquire 24, 1916, which established Powersite Interior. the public land housing the Mud Lake Reserve No. 556, is hereby revoked in its 2. A right-of-way to the United States Airport and total management control. entirety: for ditches and canals, pursuant to the Sale of the land would serve important Willamette Meridian Act of August 30, 1890 (43 U.S.C. 945). public objectives for the City of Mud 3. A reservation of all minerals to the T. 13 N., R. 23 E., Lake. Secs. 2, 11, and 12, all unsurveyed islands United States, and the right to prospect The land patent, when issued, would lying in the Columbia River. for, mine, and remove the minerals. contain a reservation to the United T. 14 N., R. 23 E., DATES: January 27, 1997 the lands will States for ditches and canals and would Secs. 27, 28, 33, 34, and 35, all unsurveyed be segregated from appropriation under be subject to highway right-of-way BL– islands lying in the Columbia River. the public land laws, including the 049504 to the Idaho Department of general mining laws, except for lease or Transportation. The areas described aggregate conveyance under the Recreation and SUPPLEMENTARY INFORMATION: Detailed approximately 155 acres in Grant and Public Purposes Act and leasing under information concerning the conditions Yakima Counties. the mineral leasing laws. For a period of the direct sale can be obtained by 2. The lands are included in Power on or before March 13, 1997, interested contacting Bruce Bash, Realty Project No. 2114 and the Columbia persons may submit comments Specialist, at (208) 524–7521. Upon River Improvement Project, and remain regarding the proposed lease/ publication of this notice in the Federal withdrawn from operation of the public conveyance or classification of the lands Register, the land described above will land laws, including the mining laws. to the Area Manager, Ridgecrest be segregated from appropriation under The lands have been and continue to be Resource Area, 300 S. Richmond Road, the public land laws, including the open to applications and offers under Ridgecrest, California, 93555. Any mining laws, except for the sale the mineral leasing laws. adverse comments will be reviewed by provisions of FLPMA. 3912 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

PLANNING PROTEST: Any party who SUPPLEMENTARY INFORMATION: The lands authorized by land use permits granted participated in the plan amendment and described have been segregated from all by the Bureau of Land Management. is adversely affected by the amendment forms of appropriation under the public The tract is proposed to be disposed may protest this action only as it affects land laws, including the mining laws, of in two parcels to accommodate the issues submitted for the record during pending disposition of this action or on residential uses of one individual and the planning process. The protest shall October 24, 1997, whichever occurs the farming use of another individual. be in writing and filed with the Director first. Only the surface estate will be The parcels would be sold by direct sale (480), Bureau of Land Management, sold. The patent, when issued, will be to the adjoining land owners. Resource Planning Team, 1849 ‘‘C’’ made subject to all valid existing rights Public participation in the Street, N.W., Washington, D.C. 20240, and will contain a reservation for all amendment process will include within 30 days of publication of this minerals to the United States, together publication of this notice in the Federal notice. with the right to prospect for, mine and Register and local newspapers and the LAND SALE COMMENTS: For a period of 45 remove the minerals. There will also be sending of this notice to state and local days from the date of publication of this reserved to the United States a right-of- governments, private individuals, and notice in the Federal Register, way for ditches or canals constructed by other interested parties. Depending on interested parties may submit comments the authority of the United States. In the the amount of public interest, public regarding the land exchange to the Area absence of timely objections, this meetings may be held in the Snake Manager, Bureau of Land Management, proposal shall become the final River Resource Area Office, Burley, Medicine Lodge Resource Area, 1405 determination of the Department of the Idaho. Hollipark Dr., Idaho Falls, Idaho 83401. Interior. ADDRESSES: Any comments on this Objections will be reviewed by the BLM Craig K. Zufelt, notice should be mailed by close of Idaho Falls District Manager who may Acting District Manager. business on March 15, 1997 to the sustain, vacate, or modify this realty [FR Doc. 97–1908 Filed 1–24–97; 8:45 am] Bureau of Land Management, Snake action. In the absence of any planning BILLING CODE 4310±DQ±M River Resource Area, 15 East 200 South, protests or objections regarding the land Burley, Idaho 83318. sale, this realty action will become the FOR FURTHER INFORMATION, CONTACT: final determination of the Department of Karl A. Simonson, Realty Specialist, the Interior and the planning [ID±020±1430±01] (208) 677–6640. amendment will be in effect. Notice of Intent To Prepare a Land Use Dated: January 16, 1997. Dated: January 17, 1997. Plan Amendment Tom Dyer, Joe Kraayenbrink, AGENCY: Area Manager,Medicine Lodge Resource Area. Bureau of Land Management, Snake River Area Manager. Department of the Interior. [FR Doc. 97–1903 Filed 1–24– 97; 8:45 am] [FR Doc. 97–1911 Filed 1–24–97; 8:45 am] ACTION: Notice of intent to prepare a BILLING CODE 4310±GG±P BILLING CODE 4310±GG±P land use plan amendment.

[UT±040±07±1430±01; UTU±74944] SUMMARY: The Snake River Resource [AZ±942±07±1420±00] Area, Upper Snake River Districts, is Notice of Realty Action proposing to amend the Monument Arizona State Office; Notice of Filing of Resource Management Plan to allow the Plats of Survey AGENCY: Bureau of Land Management, Interior. disposal of a 34.9 acre isolated tract of January 16, 1997. public land in Minidoka County. ACTION: Notice of sale. 1. The plats of survey of the following DATES: The public, state and local described lands were officially filed in SUMMARY: The Bureau of Land governments, and other Federal the Arizona State Office, Phoenix, Management is proposing to sell, under agencies are invited to participate in the Arizona, on the dates indicated: section 203 of the Federal Land Policy amendment process. Identification of A plat, in 3 sheets, representing the and Management Act of 1976 (FLPMA), issues, concerns, or other written dependent resurvey of a portion of the public land described as Salt Lake comments pertaining to this notice will south boundary, and a metes-and- Meridian, T. 34 S., R. 5 W., sec. 30, SE1⁄4 be accepted until March, 15, 1997. bounds survey of North Maricopa 1 1 1 SE ⁄4SE ⁄4NE ⁄4, containing 2.5 acres SUPPLEMENTARY INFORMATION: The Mountains Wilderness Area Boundary, located in Garfield County, Utah. The proposed plan amendment would allow in Township 4 South, Range 3 West, sale would be at fair market value as the transfer into private ownership a Gila and Salt River Meridian, Arizona, determined by appraisal. The public 34.9 acre parcel of public land was approved October 7, 1996, and land, once acquired by the City, will be identified as Tract ‘‘A’’, of Section 25, officially filed October 22, 1996. used for expansion of the city’s Township 8 South, Range 24 East, Boise A plat representing the dependent industrial park. Meridian. This parcel of land has been resurvey of a portion of the east DATES: Comments must be submitted on subject to unauthorized agriculture and boundary and a portion of the or before March 13, 1997. Patent of the occupancy use for many years. subdivisional lines, and the metes-and- land to the City will be issued no sooner Approximately 8 acres have been bounds survey of North Maricopa than March 28, 1997. farmed and is crossed by a center pivot Mountains Wilderness Area Boundary, ADDRESSES: All comments concerning irrigation system. Approximately 0.34 in Township 5 South, Range 3 West, this proposed sale should be addressed acres of the parcel have been used for Gila and Salt River Meridian, Arizona, to the District Manager, Cedar City residential purposes including portions was approved October 7, 1996, and District, 176 East D.L. Sargent Drive, of a lawn, shrubs and trees, two officially filed October 22, 1996. Cedar City, UT 84720. driveways, and a horse arena. A plat representing the dependent FOR FURTHER INFORMATION CONTACT: Settlement for this unauthorized use resurvey of the Arizona-New Mexico Craig Zufelt, 176 East D.L. Sargent Dr., with the involved individuals has been State Line between the 127 mile corner Cedar City, UT 84720, (801) 586–2401. completed and the uses have been and the 136 mile corner, Townships 19 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3913 and 20 North, Range 31 East, Gila and ADDRESSES: Interested parties should Notice of Intent to Repatriate Cultural Salt River Meridian, Arizona, was contact National Park Service, Senior Items in the Possession of the Cibola approved October 16, 1996, and Concession Program Manager, National Forest, United States Forest officially filed October 22, 1996. Concession Management Division, New Service, Albuquerque, NM 2. These plats will immediately England System Support Office, 15 State AGENCY: National Park Service, Interior. become the basic records for describing Street, Boston, MA 02109–3572, to ACTION: Notice. the land for all authorized purposes. obtain a copy of the prospectus These plants have been placed in the describing the requirements of the Notice is hereby given under the open files and are available to the public proposed contract. Native American Graves Protection and for information only. Repatriation Act, 25 U.S.C. 3005 (a)(2), 3. All inquiries relating to these lands SUPPLEMENTARY INFORMATION: This of the intent to repatriate cultural items should be sent to the Arizona State contract has been determined to be in the possession of the Cibola National Office, Bureau of Land Management, categorically excluded from the Forest, United States Forest Service, 222 N. Central Avenue, Phoenix, procedural provisions of the National Albuquerque, NM, which meets the Arizona 85004. Environmental Policy Act and no definition of ‘‘sacred object’’ under Dale C. Wilson, environmental document will be Section 2 of the Act. Acting Chief Cadastral Surveyor of Arizona. prepared. The cultural items consist of 17 [FR Doc. 97–1904 Filed 1–24–97; 8:45 am] The existing concessioner has prayer sticks of aspen and willow, four BILLING CODE 4310±32±M performed its obligations to the corn husk cigarettes, a miniature bow, satisfaction of the Secretary under an and a miniature spear. existing contract which expired by In February 1987, these items were [ID±957±1430±00] limitation of time on November 30, seized from a private residence by 1996, and therefore pursuant to the Federal law enforcement officers as part Idaho: Filing of Plats of Survey; Idaho provisions of Section 5 of the Act of of an Archeological Resources Protection Act case. The items have The plat of the following described October 9, 1965 (79 Stat. 969; 16 U.S.C. been identified as being from lands of land was officially filed in the Idaho 20), is entitled to be given preference in the Cibola National Forest in west- State Office, Bureau of Land the renewal of the contract and in the central New Mexico. negotiation of a new contract, providing Management, Boise, Idaho, effective Ethnographic and anthropological that the existing concessioner submits a 9:00 a.m. on January 13, 1997. sources indicate the items in this The plat representing the dependent responsive offer (a timely offer which collection resemble known Acoma resurvey of portions of the south meets the terms and conditions of the religious objects. Representatives of the boundary, of the subdivisional lines, Prospectus). This means that the Pueblo of Acoma have indicated that and the subdivision of section 15, and contract will be awarded to the party these cultural items were left as the survey of lots 2, 3, 4, 5, and 6, T. submitting the best offer, provided that offerings at a shrine on the Cibola 2N., R.4W., Boise Meridian, Idaho, if the best offer was not submitted by National Forest and have identified Group No. 853, was accepted January the existing concessioner, then the these cultural items as sacred objects 13, 1997. existing concessioner will be afforded necessary for the continuing practice of This survey was executed to meet the opportunity to match the best offer. traditional Acoma religion by present- certain administrative needs of the If the existing concessioner agrees to day adherents. Representatives of the Bureau of Land Management. All match the best offer, then the contract Pueblo of Acoma have also stated that inquiries concerning the survey of the will be awarded to the existing once left as offerings, the Acoma above described land must be sent to the concessioner. religion requires that such cultural Chief, Cadastral Survey, Idaho State If the existing concessioner does not items not be disturbed. Office, Bureau of Land Management, Based on the above-mentioned submit a responsive offer, the right of 1387 S. Vinnell Way, Boise, Idaho, information, officials of the United preference in renewal shall be 83709–1657. States Forest Service have determined Dated: January 13, 1997. considered to have been waived, and that, pursuant to 25 U.S.C. 3001 (3)(C), the contract will then be awarded to the Duane E. Olsen, these 23 cultural items are specific party that has submitted the best Chief Cadastral Surveyor for Idaho. ceremonial objects needed by traditional responsive offer. [FR Doc. 97–1907 Filed 1–24–97; 8:45 am] Native American religious leaders for BILLING CODE 4310±GG±M The Secretary will consider and the practice of traditional Native evaluate all proposals received as a American religions by their present-day result of this notice. Any proposal, adherents. Officials of the United States National Park Service including that of the existing Forest Service have also determined concessioner, must be received by the that, pursuant to 25 U.S.C. 3001 (2), Public Notice Senior Concessions Program Manager, there is a relationship of shared group identity which can be reasonably traced AGENCY: National Park Service, Interior. Concession Management Division, not later than the sixtieth (60th) day between these items and the Pueblo of SUMMARY: Public notice is hereby given Acoma. that the National Park Service proposes following publication of this notice to be considered and evaluated. This notice has been sent to officials to award a concession contract of the Hopi Tribe, the Kaibab Band of authorizing marina and food service Dated: December 17, 1996. Paiute Indians, the Las Vegas Paiute facilities and services for the public at Chrysandra L. Walter, Tribe, the Moapa Band of Paiutes, the Fire Island National Seashore for a Field Director, Northeast Field Area. Navajo Nation, the Paiute Tribe of Utah, period of ten (10) years from date of [FR Doc. 97–1873 Filed 1–24–97; 8:45 am] the Pueblo of Acoma, the Pueblo of contract execution. Jemez, the Pueblo of Zuni, the San BILLING CODE 4310±70±M EFFECTIVE DATE: March 28, 1997. Carlos Apache Tribe, and the San Juan 3914 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

Southern Paiute Tribe, and the Yavapai- ancestral Caddoan populations for the The cultural affiliation of the first Apache Community of Arizona. last 2,000 years. three items is clearly Western Apache as Representatives of any other Indian tribe Officials of the Hood Museum of Art documented in museum records and that believes itself to be culturally have determined that, pursuant to 25 verified by the Camp Verde Yavapai- affiliated with these objects should U.S.C. 3001 (3)(B), these eight cultural Apache Tribe, the Fort McDowell contact Dr. Frank E. Wozniak, NAGPRA items are reasonably believed to have Mohave-Apache Community, the Tonto Coordinator, Southwestern Region, been placed with or near individual Apache Tribe, the San Carlos Apache USDA Forest Service, 517 Gold Ave. human remains at the time of death or Tribe, and the White Mountain Apache SW, Albuquerque, NM 87102; later as part of the death rite or Tribe. The fourth item, one set of 18 telephone: (505) 842–3238, fax: (505) ceremony and are believed, by a pieces of a Dilzini Gaan wooden preponderance of the evidence, to have 842–3800 before February 26, 1997. headdress, was collected near Sanders, been removed from a specific burial site Repatriation of these objects to the AZ, and it has been clearly identified as Pueblo of Acoma may begin after that of an Native American individual. Western Apache by the Camp Verde date if no additional claimants come Officials of the Hood Museum of Art Yavapai-Apache Tribe, the Fort forward. have also determined that, pursuant to McDowell Mohave-Apache Community, Dated: January 17, 1997. 25 U.S.C. 3001(2), there is a relationship the Tonto Apache Tribe, the San Carlos Veletta Canouts, of shared group identity which can be reasonably traced between these items Apache Tribe, and the White Mountain Acting Departmental Consulting Apache Tribe. The San Carlos Apache Archeologist, and the Caddo Indian Tribe of Oklahoma. Tribe and the White Mountain Apache Deputy Manager, Archeology and Tribe have documented that these items Ethnography Program. This notice has been sent to officials of the Caddo Indian Tribe of Oklahoma. have ongoing traditional and cultural [FR Doc. 97–1856 Filed 1–24–97; 8:45 am] Representatives of any other Indian tribe importance to the tribes and could not BILLING CODE 4310±70±F that believes itself to be culturally have been conveyed by any individual affiliated with these objects should tribal member. Notice of Intent to Repatriate Cultural contact Mr. Kellen G. Haak, Registrar Based on the above mentioned Items from Arkansas and Oklahoma in and Repatriation Coordinator, Hood information, officials of the Mesa Museum of Art, Dartmouth College, the Possession of the Hood Museum Southwest Museum have determined Hanover, NH 03755, telephone (603) of Art, Dartmouth College, Hanover, that, pursuant to 25 U.S.C. 3001 (3)(D), NH 646–3109 before February 26, 1997. Repatriation of these objects to the these four cultural items have ongoing historical, traditional, and cultural AGENCY: National Park Service, Interior. Caddo Indian Tribe of Oklahoma may importance central to the San Carlos ACTION: Notice. begin after that date if no additional claimants come forward. Apache Tribe and White Mountain Apache Tribe, and could not have been Notice is hereby given under the Dated: January 17, 1997. alienated, appropriated, or conveyed by Native American Graves Protection and Veletta Canouts, any individual. Mesa Southwest Repatriation Act, 25 U.S.C. 3005 (a)(2), Acting Departmental Consulting of the intent to repatriate cultural items Archeologist, Museum officials have also determined in the possession of the Hood Museum Deputy Manager, Archeology and Ethngraphy that, pursuant to 25 U.S.C. 3001 (2), of Art, Dartmouth College, Hanover, NH, Program. there is a relationship of shared group which meets the definition of [FR Doc. 97–1855 Filed 1–24–97; 8:45 am] identity which can be reasonably traced ‘‘unassociated funerary objects’’ under BILLING CODE 4310±70±F between these items and the San Carlos Section 2 of the Act. Apache Tribe and White Mountain The eight items—seven copper beads Apache Tribe. and a polished clear quartz celt—were Notice of Intent to Repatriate Cultural This notice has been sent to officials purchased by Mr. Glover Street Hastings Items in the Possession of the Mesa of the San Carlos Apache Tribe, the III, a private collector. Mr. Hastings’ Southwest Museum, Mesa, AZ Camp Verde Yavapai-Apache daughter, Carlena H. Redfield, donated AGENCY: National Park Service, Interior Community, the Fort McDowell the collection to Dartmouth College in ACTION: Notice. Mohave-Apache Community, the Tonto 1981. Mr. Hastings’ donation Apache Tribe, and the White Mountain information indicates the celt came from Notice is hereby given under the Apache Tribe. Representatives of any a Caddo grave in the Ouachita River Native American Graves Protection and other Indian tribe that believes itself to Valley, Montgomery County, AR. Mr. Repatriation Act, 25 U.S.C. 3005 (a)(2), be culturally affiliated with these Hastings’ information indicates the of the intent to repatriate cultural items objects should contact Tray C. Mead, seven copper beads came from Spiro in the possession of the Mesa Southwest Museum Administrator, Mesa Mound, Sequoyah County, OK. Museum, Mesa, AZ, which meet the Southwest Museum, 53 N. Macdonald, Celts and copper beads are consistent definition of ‘‘object of cultural Mesa, AZ 85201, or telephone Dr. Susan with the types of funerary objects used patrimony’’ under Section 2 of the Act. in traditional Caddoan burial practices. The items are Western Apache Gaan Shaffer Nahmias, NAGPRA/Tribal Spiro Mound is considered a prepared material consisting of one Dilzini Gaan Liaison at (602) 644–2563 before physical location into which, as part of mask, one Dilzini Gaan wooden February 26, 1997. Repatriation of these the death rite or ceremony of a culture, headdress, one Dilzini Gaan standard objects to the San Carlos Apache Tribe individual human remains were with four flat cross bars, and one set of and White Mountain Apache Tribe may deposited. Both Spiro Mound, Sequoyah 18 pieces of a Dilzini Gaan wooden County, OK and the Montgomery headdress. All these items are made of County, AR, are located within the area painted wood and/or cloth and were archeologically and ethnographically acquired by the Museum in 1979, 1985, documented as being occupied by and 1991. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3915 begin after that date if no additional Standard Industrial Classification Title: Self Monitoring Questionnaire claimants come forward. Codes: All. for Insurance & Finance Projects. Dated: January 17, 1997. Description of Affected Public: U.S. Form Number: OPIC–162. companies assisted by OPIC. Frequency of Use: Annually. Veletta Canouts, Reporting Hours: 3 hours per form. Type of Respondents: Business or Number of Responses: 130 annually. other individuals. Acting Departmental Consulting Federal Cost: $3,900 annually. Archeologist, Standard Industrial Classification Authority for Information Collection: Codes: All. Deputy Manager, Archeology and Sections 231(k)2, of the Foreign Description of Affected Public: U.S. Ethnography Program. Assistance Act of 1961, as amended. companies assisted by OPIC. [FR Doc. 97–1854 Filed 1–24–97; 8:45 am] Abstract (Needs and Uses): The Reporting Hours: 3 hours per form. BILLING CODE 4310±70±F questionnaire is completed by OPIC- Number of Responses: 200 annually. assisted investors annually. The Federal Cost: 6,000 annually. questionnaire allows OPIC’s assessment Authority for Information Collection: INTERNATIONAL DEVELOPMENT of effects of OPIC-assisted fund projects Sections 231(k)2, of the Foreign COOPERATION AGENCY on the U.S. economy and employment, Assistance Act of 1961, as amended. as well as on the environment and Abstract (Needs and Uses): The Overseas Private Investment economic development abroad. questionnaire is completed by OPIC- Corporation Dated: January 21, 1997. assisted investors annually. The James R. Offutt, questionnaire allows OPIC’s assessment Submission for OMB Review; of effects of OPIC-assisted projects on Comment Request Assistant General Counsel/Department of Legal Affairs. the U.S. economy and employment, as AGENCY: Overseas Private Investment [FR Doc. 97–1822 Filed 1–24–97; 8:45 am] well as on the environment and Corporation, IDCA. BILLING CODE 3210±01±M economic development abroad. ACTION: Request for comments. Dated: January 21, 1997. James R. Offutt, SUMMARY: Under the provisions of the Submission for OMB Review; Assistant General Counsel/Department of Paperwork Reduction Act (44 U.S.C. Comment Request Legal Affairs. Chapter 35), agencies are required to AGENCY: Overseas Private Investment [FR Doc. 97–1823 Filed 1–24–97; 8:45 am] publish a Notice in the Federal Register Corporation, IDCA. BILLING CODE 3210±01±M notifying the public that the Agency is preparing an information collection ACTION: Request for comments. request for OMB review and approval SUMMARY: Under the provisions of the DEPARTMENT OF JUSTICE and to request public review and Paperwork Reduction Act (44 U.S.C. comment on the submission. Comments Chapter 35), agencies are required to Executive Office for Immigration are being solicited on the need for the publish a Notice in the Federal Register Review; Agency Information Collection information, its practical utility, the notifying the public that the Agency is Activities: New Collection; Comment accuracy of the Agency’s burden preparing an information collection Request estimate, and on ways to minimize the request for OMB review and approval reporting burden, including automated and to request public review and ACTION: Notice of information collection collection techniques and uses of other comment on the submission. Comments under review; application for forms of technology. The proposed form are being solicited on the need for the cancellation of removal. under review is summarized below. information, its practical utility, the Office of Management and Budget DATES: Comments must be receive on or accuracy of the Agency’s burden approval is being sought for the before March 28, 1997. estimate, and on ways to minimize the information collection listed below. ADDRESSES: Copies of the subject form reporting burden, including automated This proposed information collection and the request for review prepared for collection techniques and uses of other was previously published in the Federal submission to OMB may be obtained forms of technology. The proposed form Register on November 22, 1996 at 61 FR from the Agency Submitting Officer. under review is summarized below. 59458, allowing for a 60-day comment Comments on the form should be DATES: Comments must be received on period. submitted to the Agency Submitting or before March 28, 1997. The purpose of this notice is to allow Officer. ADDRESSES: Copies of the subject form an additional 30 days for public FOR FURTHER INFORMATION CONTACT: and the request for review prepared for comments until February 26, 1997. OPIC Agency Submitting Officer: Lena submission to OMB may be obtained Written comments and/or suggestions Paulsen, Manager, Information Center, from the Agency Submitting Officer. regarding the item(s) contained in this Overseas Private Investment Comments on the form should be notice, especially regarding the Corporation, 1100 New York Avenue, submitted to the Agency Submitting estimated public burden and associated NW., Washington, DC 20527; 202/336– Officer. response time, should be directed to the 8565. FOR FURTHER INFORMATION CONTACT: Office of Management and Budget, Office of Regulatory Affairs, Attention: Summary of Form Under Review OPIC Agency Submitting Officer: Lena Paulsen, Manager, Information Center, Department of Justice Desk Office, Type of Request: New Collection. Overseas Private Investment Washington, DC 20530. Additionally, Title: Self Monitoring Questionnaire Corporation, 1100 New York Avenue, comments may be submitted to OMB via for Investment Fund Projects. N.W., Washington, D.C. 20527; 202/ facsimile to (202) 395–7285. Comments Form Number: OPIC–217. 336–8565. may also be submitted to the Frequency of Use: Annually. Department of Justice (DOJ), Justice Type of Respondents: Business or Summary of Form Under Review Management Division, Information other individuals. Type of Request: Revised form. Management and Security Staff, 3916 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

Attention: Department Clearance Justice, Information Management and Workforce Flexibility (Work-Flex) Officer, Suite 850, 1001 G Street, NW, Security Staff, Justice Management Partnership Demonstration Program. Washington, DC 20530. Additionally, Division, Suite 850, Washington Center, 2. Background. The 1997 Department comments may be submitted to DOJ via 1001 G Street, NW., Washington, DC of Labor’s Appropriations Act (Public facsimile to (202) 514–1590. 20530. Law 104–208) authorizes the Workforce Written comments and suggestions Dated: January 21, 1997. Flexibility (Work-Flex) Partnership from the public and affected agencies Robert B. Briggs, Demonstration Program. This directive transmits the excerpts from the draft concerning the proposed collection of Clearance Officer, U.S. Department of Justice. information should address one or more Federal Register Notice describing the [FR Doc. 97–1848 Filed 1–24–97; 8:45 am] of the following four points: process for submittal of applications. (1) evaluate whether the proposed BILLING CODE 1531±26±M The appropriations legislation collection of information is necessary provides that the Secretary of Labor may for the proper performance of the authorize Work-Flex demonstration functions of the agency, including DEPARTMENT OF LABOR program for provision of workforce whether the information will have employment and training activities in Office of the Secretary practical utility; ‘‘* * * not more than six States, of which at least three States shall each (2) evaluate the accuracy of the Submission for OMB Emergency have populations not in excess of agencies estimate of the burden of the Review; Comment Request proposed collection of information, 3,500,000 * * *’’. The Work-Flex including the validity of the AGENCY: Employment and Training waiver may be for a period of up to five methodology and assumptions used; Administration, Labor. years. Under this provision, the (3) enhance the quality, utility, and ACTION: Supplemental information. Secretary would authorize a State ‘‘to clarity of the information to be waive any statutory or regulatory collected; and SUMMARY: In notice document 97–1226 requirement applicable to service (4) minimize the burden of the beginning on page 2689 in the issue of delivery areas or substate areas within collection of information on those who Friday, January 17, 1997, and in notice the State under titles I–III of the Job are to respond, including through the document 97–1228 beginning on page Training Partnership Act, with certain use of appropriate automated, 2689, the supplemental information is exceptions and ‘‘any of the statutory or electronic, mechanical, or other being provided. regulatory requirements of sections 8–10 technological collection techniques or On January 14, 1997, the Department of the Wagner-Peyser Act’’. other forms of information technology, of Labor submitted an emergency The legislation authorizes the granting e.g. permitting electronic submission of processing public information collection of the Work-flex waiver to a state responses. request (ICR) to the Office of pursuant to a plan submitted by the Overview of this information Management and Budget (OMB) for State and approved by the Secretary. collection: review and clearance under the Preference is to be given to States that (1) Type of Information Collection: Paperwork Reduction Act of 1995 (Pub. have been designated as Ed-Flex New Collection. L. 104–13, 44 U.S.C. Chapter 35). As partnership States under section 311(e) (2) Title of the Form/Collection: indicated, a copy of the applicable of Public Law 103–227. Excerpts from Application for Cancellation of supporting documentation, may be the draft Federal Register Notice which Removal. obtained by calling the Department of announces this application process is (3) Agency form number, if any, and Labor Acting Departmental Clearance attached. the applicable component of the Officer, Theresa M. O’Malley ((202) Unlike the legislative provisions for Department of Justice sponsoring the 219–5096, x. 143). However, to assist Ed-Flex, the legislative report language collection: Form EOIR–42, Executive persons interested in reviewing the for Work-flex does not permit the Office for Immigration Review, U.S. documents contained in these Secretary of Labor to consider State Department of Justice. emergency processing public waiver requests. Instead, such authority (4) Affected public who will be asked information collection requests, the is restricted to the general waivers to respond, as well as a brief abstract: Department of Labor is publishing the provisions. To address this deficiency, Individual aliens determined to be text of the two draft Training and States may submit both a Work-flex removable from the United States. This Employment Guidance Letters. application and a general waiver request at the same time. While there are information collection is necessary to Dated: January 21, 1997. determine the statutory eligibility of differences in time coverage and Theresa M. O’Malley, individual aliens who have been exceptions for the two sets of waiver determined to be removable from the Departmental Clearance Officer. authorities, a combined request would United States for cancellation of their Directive: Training and Employment permit a State to obtain waivers for both removal, as well as to provide Guidance Letter No. the State level and the service delivery information relevant to a favorable To: All State JTPA Liaisons, All State area/substate level for a minimum of exercise of discretion in their case. Worker Adjustment Liaisons, All one year. We are entertaining joint (5) An estimate of the total number of State Employment Security submissions to permit streamlined respondents and the amount of time Agencies, All One-stop Career submission and to facilitate the estimated for an average respondent to Center System Leads objectives of the overall waiver respond: 11,400 responses per year at 5 From: Barbara Ann Farmer, authority. If the general waiver authority hours, 45 minutes per response. Administrator for Regional is continued, then subsequent approvals (6) An estimate of the total public Management of State waiver requests could be burden (in hours) associated with the Subject: Workforce Flexibility (Work- continued. collection: 65,550 annual burden hours. Flex) Partnership Demonstration 3. Process for Submitting If additional information is required Program Applications. Applications will be contact: Mr. Robert B. Briggs, Clearance 1. Purpose. To announce the request accepted by the Department until March Officer, United States Department of for applications from States for the 28, 1997. After that date, proposals will Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3917 be accepted only if fewer than six States principles for reform of the job training the criteria for approval and examples of apply or fewer than three with a systems include: the waivers which will be considered population under 3,500,000 or fewer • Individual Opportunity and for approval; and than six applications received by that Customer Choice. Empowering c. W–P Act Requirements. A date are approved by the Secretary. participants who need employment and description of the specific requirements 4. Action Required. States which are training services with the resources and in Sections 8, 9 and 10 of the W–P Act interested in obtaining authority to grant information needed to make good and applicable regulations to be waived. waivers under the legislative authority choices. d. Specific Elements to be Addressed. provided must follow the requirements • Leaner Government. Replacing To be responsive to the above, the contained in the attached excerpts from separate programs with streamlined application must contain a specific the draft Federal Register Notice. systems for youth and adults, organized description of the process and 5. Inquiries. Questions regarding this around the principles espoused by the requirements for JTPA and W–P Act directive should be referred to your School-to-Work and One-Stop concepts. waivers (as appropriate), including: • Employment and Training Greater Accountability. Ensuring a (1) Identification of the State official Administration regional office. clear focus on results, not process, who would have authority to grant 6. Attachment. Excerpts from the draft through mutually agreed upon requested waivers, including Federal Register Notice. improved performance outcomes. documentation that the State has • State and Local Flexibility. granted the official such authority; Background Providing States, local communities and (2) Requirements for application for a The Work-Flex program is a training systems with the freedom to waiver by service delivery areas and demonstration program under which the tailor programs to meet real, locally substate areas; Secretary may grant six States the determined needs. (3) Identification of the JTPA • Strong Private Sector Roles. authority to waive certain statutory may provision(s) for which the waiver(s) will Ensuring that business, labor and grant six States the authority to waive likely be requested (either specific, if community organizations are full certain statutory or regulatory known, or examples); partners in systems design and quality (4) Description of the criteria for requirements applicable to service assurance. approval of waivers; delivery areas or substate areas within Finally, the Department wishes to (5) Process for providing an the State under titles I–III of the Job remind the States of the importance, opportunity for public review and Training Partnership Act (JTPA) or especially within the School-to-Work comment; sections 8–10 of the Wagner-Peyser Act framework, of providing work (6) Requirement(s) for identification (W–P Act). The legislation also contains opportunities, especially during the of improvement in outcomes to be certain provisions that may not be summer months to disadvantaged expected as the result of granting a waived under the JTPA and the W–P youth. waiver; Act. The types of these non-waivable (7) Measures to be taken to ensure the provisions and the specific provisions Application Requirements and Criteria appropriate accountability for federal are discussed below. 1. Who may apply and when may funds; The granting of authority to issue applications be submitted? Any State (8) Procedures that the State will use waivers is intended to provide may apply for designation as a Work- to monitor and evaluate the flexibility to States to enhance the Flex State. As required under the implementation of waivers by local development of a comprehensive work legislation and as discussed below, areas, including the outcomes to be force development system and to preference will be given to States achieved; improve the quality and quantity of designated as Ed-Flex States. Initially, (9) A statement that there are no state outcomes for persons served. The applications will be received until legislative, regulatory or other legislation provides that at least three of March 28, 1997. Since the Secretary impediments to administration of the the six States shall have a population may delegate waiver authority to only waiver authority sought; and not in excess of 3,500,000 and that six States, applications will be accepted (10) Assurance that the state has the preference be given to States designated after that date only if fewer than six capacity to administer the waiver under Ed-Flex. The proposal must States apply, or if fewer than three system. provide a description of the process by States apply with a population under As provided in the legislation, certain which service delivery areas and 3,500,000 or if fewer than six States are provisions are not subject to waiver substate areas may apply for and have approved for designation as Work-Flex under Work-flex. For the JTPA, these waivers approved, the requirements of States. include requirements relating to wage JTPA and the W–P Act to be waived, the 2. What Information should be and labor standards, grievances outcomes to be achieved, and the included in a State’s Work-Flex procedures, judicial review, measures to be taken to ensure proposal? To be considered for nondiscrimination, allotment of funds appropriate accountability for Federal designation as a Work-Flex State, the and eligibility. Also, since waiver funds. Governor, or agency administrator with authority must be requested by and The Department is very interested in jurisdiction over both the JTPA, titles I– granted to service delivery areas or working with States within the statutory III, and the WPA agency must submit an substate areas, state responsibilities or authority to make improvements in the application to the Secretary. This programs operated under statewide work force delivery system. To this end, application must include the following: authority are not subject to waiver. For the Department wants the States to a. Plan. A plan for the provision of example, this includes designation of know it will actively consider workforce employment and training service delivery areas or substate areas, applications which will assist the State activities for the State. the state planning process, the State and its local service delivery structure b. JTPA Requirements. A description Education Coordination and grants in implementing structure work force of the process by which service delivery under section 123, the Services to Older delivery system improvements. The areas and substate areas may apply for Individuals under section 204(d), the Department of Labor’s guiding and have waivers approved, including Title III funds reserved for state 3918 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices activities (Governors’ Reserve) under Criteria for Evaluation of Work-Flex waiver authority and on the section 302(c) and grants awarded to Applications accomplishments under this authority. States with Title III National Reserve Criteria for evaluation of Work-Flex States shall notify the appropriate ETA Account (NRA) funds. Note: Some proposals include: Regional Administrator of the granting provisions (such as certain States 1. Plan and Outcomes. The extent to of a waiver(s) each quarter. This responsibilities) not subject to waiver which the authority sought will result notification shall include the area for under the Work-flex authority may be in: which the waiver is granted, the eligible for waiver under the other new a. Improving the outcomes to persons provision of legislation and/or statutory or regulatory waiver authority served, and regulations waived and the duration of included in the Appropriations Act. For b. The enhancing implementation of a the waiver. 4. Federal Assistance. States are example, a State may apply for waivers comprehensive workforce development encouraged to regularly consult with the for State based programs. States must system in one or more areas. ETA Regional office regarding any apply separately for such waivers. The extent to which the authority matters in which the discussion and sought will enhance the implementation For the W–P Act, only the assistance in the Work-Flex of the One-Stop Career Center system requirements of sections 8–10, which administration would be useful. and/or the School-to-Work System will relate to the development, review and Because Work-Flex is an important be major factors in the evaluation of approval of State plans, recordkeeping demonstration program with proposals. and reporting are waiverable. The law implications for future job training and 2. Responsiveness. The extent to also specifically excludes from waivers employment service delivery, it is which the application meets the any such requirements relating to important that Work-flex be tested to requirements of the legislation and this provision of services to unemployment ensure that appropriate accountability Notice for submission of an application. insurance claimants and veterans and to can be maintained. ETA regional staff This includes the quality of the process universal access to basic labor exchange will be responsible for providing for reviewing and approving local services without cost to job seekers. information on Work-flex applications for waivers and for administration and implementation. c. Public Consultation and Comment documenting and monitoring the results States granted Work-flex authority will Process. The Department expects the of waivers. be required to work closely—on an State to involve the local elected 3. Accountability of Funds. Measures ongoing basis—with Regional Office officials, the private industry councils, to be taken to ensure the accountability staff so that both the federal and State and community-based organizations and of federal funds, including monitoring, partners are fully informed on the status other stakeholders in the process when evaluation and reports. developing the application. Consistent 4. Preference for Ed-Flex States—Tie- and issues under Work-flex. States may with the general waiver request, the Breaking Procedures. Proposals will be be asked to participate with ETA staff in State must provide interested parties an evaluated based on the quality and designing and conducting an evaluation opportunity to review and comment on specificity of the proposal. In the event of the effectiveness of Work-flex. Directive: Training and Employment the proposed application. At a that proposals submitted are judged to Guidance Letter No. minimum, the following groups must be be substantially equal, preference will To: afforded the opportunity to review and be given to States previously designated All JTPA State Liaisons comment on the proposed application; as Ed-Flex States. All Wagner-Peyser Administering (1) The State Job Training Coordinating 5. Public Comments. All comments Agencies Council; (2) each house of the State received on the application should be All State Worker, Readjustment legislature; (3) local elected officials and forwarded with the application to the Liaisons Private Industry Councils; (4) Department of Labor. All One-Stop Career Center System appropriate local education and other Conditions Leads public and non-profit agencies in the From: Barbara Ann Farmer, service delivery areas; and (5) labor 1. Federal Review of Work-Flex Administrator for Regional organizations in the area which Waivers Granted. In applying for Management represent employees having the skills in waivers, States must recognize that the Subject: Guidelines for Implementing which training is proposed. Also, the impact of the use of Work-Flex authority Job Training System Improvements proposed application must be made to achieve goals and outcomes specified through Waivers of the Job Training reasonably available to the general in the State proposal will be reviewed Partnership Act (JTPA) and the public through such means as public annually against stated goals. The Wagner-Peyser Act hearings and local news facilities. Department reserves the right to 1. Purpose. To transmit guidance for withdraw the authority to issue waivers the development and submission of a The Work-Flex authority is intended if: Goals specified are not met for two request for waiver of JTPA and Wagner- to provide States with the ability to consecutive years; use of the waiver Peyser Act general statutory/regulatory enhance the development of a authority is abused; or the state grants provisions. comprehensive workforce development waivers for non-waivable provisions. 2. Reference. The Department of Labor system, including implementation of the 2. Duration and Coverage. Work-flex Appropriations Act of 1997 (Pub. L. one-stop Career system and the School- authority may be granted for up to five 104–208 sections 101(e) and 105); to-Work system. Another area of years. States granted such authority may Training Employment and Information importance is the area of improving approve waivers requested from all Notice No. 11–96, Statutory and both the quality and quantity of service delivery areas or substate areas Regulatory Waiver Authority of the outcomes of individuals served. Both of or selected areas. JTPA and the Wagner-Peyser Act. these will be of substantial importance 3. Notification of the Granting of 3. Background. The Department of in reviewing of proposals requesting the Waivers. States will be required to labor Appropriations Act for 1997, (Pub. granting of the Secretary’s authority for submit reports on a quarterly basis L. 104–208) contains three provisions issuing waivers under Work-flex. concerning the administration of the relating to waivers: Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3919

a. General Statutory/Regulatory Development System. The Department consideration that the Department will Waiver Authority for JTPA & Wagner- believes that effective use of the not entertain the granting of waivers Peyser; authority will demonstrate Federal, which result in the commingling of b. The Work-Flex Partnership State and local commitment to meeting funds or which undermine Demonstration Program; and the needs of our joint customers. accountability, as discussed below. c. Continuation of the existing waiver 5. Statutory and/or Regulatory While, in addition to the exclusions set authority for the State of Oregon. Requirements Covered by the Waiver forth in section 5 of this TEGL, there These guidelines do not address the Authority. The statutory and regulatory will be other policy considerations that continuation of the Oregon waiver waiver authority apply to titles I–III of will impact the Department’s decision provision or the Work-Flex Partnership the Job Training Partnership Act and to on granting waivers, the Department Demonstration Program. A separate sections 8–10 of the Wagner-Peyser Act. believes the areas identified in this TEGL will be issued on Work-Flex. Exclusions. Under the waiver section to be significant enough to cite The Statutory/Regulatory Waiver provisions in the 1997 Appropriations in this guidance. provision gives the Secretary authority Act the following JTPA provisions may a. Prohibition on Commingling of to grant both statutory and regulatory not be waived. Funds. One of the purposes that could a. Wage and labor standards; waivers of JTPA (titles I–III) and be served with the waiver authority is b. Worker rights, participation and Wagner-Peyser Act (Sections 8–10) and to make programs almost identical (or contains ‘‘exclusions,’’ i.e., provisions protection; c. Grievance procedures and judicial seamless) from the participant’s that may not be waived. The general perspective. For example, a State or waiver authority is for a period of one review; d. Nondiscrimination; SDA could request that the program program year beginning July 1, 1997 and design requirements for titles II–A and provides: e. Allocation of funds to local areas; f. Eligibility; III be uniform. However, it also should • Increased flexibility to States and g. Review and approval of plans; be noted that the waiver provisions do local areas in implementing reforms to h. Establishment and functions of not authorize the commingling of funds the workforce development system in service delivery areas and private from separate appropriations. General exchange for accountability for results industry councils; and appropriations law (31 U.S.C. 1301(a)) including improved performance. i. The basic purposes of the act. requires that appropriations be applied • An important opportunity for States Requirements under the Wagner-Peyser only to the objects for which the and localities to begin or continue to Act relating to the following may not be appropriations were made unless the organize services into a workforce waived: law otherwise provides. In this case, the development system through the a. Services to unemployed insurance waiver provisions do not provide concepts of One-Stop Career Centers claimants and veterans; specific authority to merge (as opposed and School-to-Work systems which b. Universal access to basic labor to transfer) program funds. In fact, since enhance the training and employment exchange services without cost to job eligibility is not waivable, it is clear opportunities available to adults and seekers. that, for example, funds appropriated to youths. The Department is very interested in provide assistance to dislocated workers 4. Principles for Further Reforms of working with States within the statutory under title III would have to be the Job Training System. The authority to make improvements in the expended for that purpose, even though Department of Labor’s (DOL) guiding workforce delivery system. To this end, the particular requirements relating to principles for providing flexibility to the the Department wants the States to the form of such assistance could be job training systems include: know that it will actively consider • Individual Opportunity and specific requests for waivers to remove waived. Therefore, while the Customer Choice. Empowering programmatic and administrative Department is committed to assisting participants who need employment and barriers that will result in improved States and SDAs in minimizing training services with the resources and services to individuals, that will assist accounting and reporting burdens, the information needed to make good the State and its local service delivery waiver authority does not permit the choices. structure in implementing workforce Department to relieve these entities • Leaner Government. Replacing delivery system improvements, or that from the responsibility of assuring that separate programs with streamlined will remove requirements, either each appropriation is only expended for systems for youth and adults, organized program or administrative, that do not its intended purpose. Thus, while as around the School-to-Work and One- appear to add value to the organization noted above, the waiver authority could Stop concepts. or delivery of quality services. Regional be used to make the program design • Greater Accountability. Ensuring a offices will work with States regarding requirements identical for titles II–A clear focus on results, not process, specific provisions of the JTPA that can and III, the funds for the two programs through mutually agreed upon or cannot be waived. would still have to be accounted for improved performance outcomes. The Department cannot waive other separately. • State and Local Flexibility. legislation which extends the authority b. Disadvantaged Youth. The Providing States, local communities and provided in Public Law 104–208, other Department wishes to remind the States training systems with the freedom to regulations, or Office of Management of the importance of serving tailor programs to meet real, locally and Budget Circulars which apply to the economically disadvantaged youth determined needs. State employment security agencies. during the summer months. Given the • Strong Private Sector Roles. Therefore, should a request be received transfer provisions, commingling of Ensuring that business, labor and for waivers which extend beyond the funds does not present an issue between community organizations are full existing authority, it will not be granted. the title II–B and title II–C programs. partners in systems design and quality In a similar manner, the Department However, the Department emphasizes assurance. cannot entertain requests for retroactive the importance maintaining a summer The employment and training changes. component to serve economically community has been provided with new 6. Policy. In developing waiver disadvantaged youth during the summer authority to build a Workforce requests, States should take into months. 3920 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

c. Accountability. To ensure anticipated that if the authority is waivers relate to that broader vision, programmatic and fiscal integrity, it is extended by the Congress and the State including the accountability framework. extremely important that there be both has used its authority prudently, then The goals provided should take into adequate oversight and complete the waivers would be continued as has consideration the principles articulated reporting. Reporting must be sufficient been the case in other similar instances. above. to provide a record of individual need, 9. Waiver Plan Submission. (2) Summary of Waiver Request(s). A the programmatic and financial a. Development of Waiver Request. matrix of the specific waiver(s) outcomes achieved and the resultant The Employment and Training requested (including the legislative and/ indication of success and improvement. Administration (ETA) Regional Offices or regulatory citations); the barrier Monitoring is key to ensuring that the will be responsible for providing which the request addresses; and the goals and objectives of both the program guidance and assistance to the States as outcome that will be achieved by the and any waivers granted will be they are developing their waiver granting of the waiver. A description of achieved. While the Department may requests, answering questions about the how similar State requirements would entertain waiver requests that pertain to ETA waiver policy and advising the be waived. reporting, it will not approve any such Assistant Secretary regarding approval (3) Barriers/Requirements to be request that undermines the ability to of the waiver request(s). It is expected Waived. A summary description of the account to the Congress for fundamental that the Regional Offices will have a programmatic or administrative goals to programmatic and financial outcomes or continuing dialogue with their States be achieved in order to overcome the the ability to make basic comparisons in during the developmental stages of barriers and the individual waivers the performance among States. Also, the waiver requests. The Regional Offices requested. For each waiver requested, Department expects that State waiver are available to review and provide include a description of the specific requests will include plans to monitor comments on draft proposals and barrier which is preventing the performance under the waiver(s) to provide assistance in preparation of the achievement of the goals and an assure that the anticipated goals and waiver plan submission. illustration of the barrier; the specific objectives of the request(s) will be The Department intends that the statutory/regulatory requirement to be achieved. process for development of waivers will waived; and a description of the 7. Waiver Elements. Submission of be in a partnership with the State. To expected benefit of the waiver. waiver requests are voluntary. In the this end, States are invited to engage (4) Impact of Waivers/Outcomes and event that a State desires to seek a Regional Offices in the development of Performance Targets. Description of waiver the appropriations language their waivers. The ETA Regional performance outcomes and other requires that any such waiver request Administrators will make themselves improvements that are the goals of the include: and their appropriate staff available to waiver request. Describe the anticipated a. Memorandum of Understanding consult with States and provide outcomes and/or performance (MOU). The MOU is between the technical assistance as necessary. Upon improvements. Include qualitative and/ Secretary and the State (Governor) and completion of the waiver request, the or quantitative outcomes to be achieved. among other things, requires the State to States will submit two copies of their Specify how success and/or progress on ‘‘meet agreed upon outcomes and waiver request to the appropriate outcomes will be determined. implement other appropriate measures Regional Administrator. (5) State and Local Service Delivery to ensure accountability.’’ The MOU b. Minimum Requirements. The Areas Actions Taken to Remove will represent the agreement between statute requires the Secretary to make a Barriers. Specific actions taken or to be the Secretary and the State vis a vis the determination of how a State’s request taken by the State or local service waiver and constitute a modification to to waive certain statutory and regulatory delivery areas to remove state and local the Governor/Secretary Agreement or requirements would remove barriers (e.g., policies, guidelines, rules the ES Master Agreement as impediments and improve the State’s or and regulations) should also be appropriate; and local service delivery areas’s ability to addressed. b. Waiver Plan. The Appropriations achieve its goals. It also requires the (6) Comments Process. Description of Act requires the State to provide a State to include a summary description the consultation process within the minimum amount of information of the programmatic or administrative State, as well as the process for review regarding the waiver requested (see Item goals to be achieved in order to and comments on the State’s waiver 9.b. below). The ‘‘waiver plan’’ is the overcome the barrier. request. State’s request to waive certain statutory The Governor must provide at least (7) Monitoring. Description of the or regulatory requirements. The ‘‘waiver the minimum information indicated process the State will use to monitor the plan’’ will be treated as a modification below in order for ETA to make an implementation of the waiver. Specify to the State’s approved Governor’s informed decision on whether to how the State will evaluate progress and Coordination and Special Services Plan approve the requested waiver. Where continuous improvement of the (GCSSP) required by section 121 of documentation (e.g. statistical approved waiver and the corresponding JTPA, or the State’s Employment and information, reports, focus groups, programmatic and operating systems, Training Assistance for Dislocated customer surveys) is available, it should i.e., reports and analysis. Specify how Workers Biennial Plan, or the Wagner- be provided to corroborate the outcomes/progress will be reported to Peyser Plans, whichever is applicable. statements made in the waiver request. DOL and how the integrity of public 8. Duration and Applicability of In the absence of such data the State is funds will be ensured. Waiver. The waivers are for one year, expected to provide a substantive c. Public Consultation and Comment starting on July 1, 1997, through June discussion and examples of barriers and Process. The Department expects the 30, 1998 and will apply to funds proposed solutions which support the State to involve the local elected available for expenditure in program proposed removal of the requirements. officials, PICs, community-based year 1997. This includes available funds (1) State and Local Goals. An organizations and other stakeholders in from PY 1995, 1996 and 1997. While the introductory statement on the State’s the process when developing the plan ETA’s statutory/regulatory waiver workforce development system that the which accompanies the waiver authority is limited to one year, it is State is attempting to build and how the application. Consistent with the general Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3921 waiver request, the State must provide the Wagner-Peyser Act. Until the LIST OF REGIONAL LIAISONS ON interested parties an opportunity to enactment of the JTPA Amendments WAIVER REQUESTSÐContinued review and comment on the proposed and the promulgation of the September waiver. At a minimum, the law requires 2, 1994, Final Rule implementing those Region and individual Telephone Nos. that the following groups be afforded amendments, the Secretary did not have liaisons the opportunity to review and comment the authority to waiver either the Act or on the proposed waiver request: (1) The regulations under either JTPA or VII Roland Berg ...... 816±426±3796 State Job Training Coordinating Council; x246 Wagner-Peyser. The Final Rule included VIII Maxine Ugarte ...... 303±844±1650 (2) each house of the State legislature; a provision for the Secretary of Labor to IX Ann Marie Myers ...... 415±975±4669 (3) local elected officials and Private waiver certain administratively imposed X Smith Piper ...... 206±553±7798 Industry Councils; (4) appropriate local requirements as set forth at 20 CFR educational and other public and 627.201. This limited waiver authority [FR Doc. 97–1796 Filed 1–24–97; 8:45 am] private non-profit agencies in the did not extent to statutory requirements BILLING CODE 4510±30±M service delivery areas; and (5) labor or statutorily-based regulatory organizations in the area which requirements, which could not be represent employees having the skills in waived. This authority also did not which training is proposed. (NOTE: In cover Wagner-Peyser provisions. NATIONAL AERONAUTICS AND the case of a waiver request concerning Questions have been raised as to what SPACE ADMINISTRATION Title III, the State is expected to consult impact the new JTPA statutory and with labor organizations representing regulatory authority will have, if any, on [97±008] workers to be trained.) waivers which have been granted under Also, the proposed plan must be made the regulatory authority codified at 20 Agency Information Collection: reasonably available to the general CFR 627.201. The answer is, ‘‘none.’’ Submission for OMB Review, public through such means as public Waivers previously granted under the Comment Request hearings and local news media. All old regulatory waiver authority will AGENCY: National Aeronautics and comments received on the waiver continue to remain in effect until such Space Administration (NASA). request should be forwarded with the time as the Governor decides that the SUMMARY: The National Aeronautics and waiver request to the Department of waiver is no longer necessary, or the Labor. Space Administration has submitted to duration of the granted waiver expires. the Office of Management and Budget d. Timeframe for Response. The It is conceivable that a State may still Department will make every effort to act (OMB) the following proposal for the wish to request a waiver under the upon proposals by July 1, 1997, if they collection of information under the authority outlined at 20 CFR 627.201. are received by April 30. In general, the provisions of the Paperwork Reduction States should clearly indicate under Department intends to respond to most Act (44 U.S.C. Chapter 35). which authority (i.e., JTPA regulations waiver requests within 60 days from the DATES: or DOL Appropriations Act) they are Comments on this proposal date of receipt. Each wavier request will requesting a waiver. Failure to do so can should be received on or before be evaluated on its own merits, where slow down the review and approval/ February 26, 1997. necessary, the Department may seek disapproval process. ADDRESSES: All comments should be further discussions or negotiations on a 11. Actions Required. States are addressed to John R. Yadvish, Code XC, waiver request either with regard to National Aeronautics and Space changing certain aspects of the request expected to fully involve local areas in the development of the waivers. They Administration, Washington, DC 20546– or with regard to the quality of the 0001. proposed improvements or outcomes. In are also requested to distribute the order to provide a prompt response, the information on both the Federal process FOR FURTHER INFORMATION CONTACT: Department may respond with a partial described in this TEGL and the State- Bessie B. Berry, NASA Reports Officer, approval in those instances where a established waiver process to their State (202) 358–1368. request contains multiple parts and staff (both JTPA and ES), the SESA local Title: NASA Small Business further information or clarification is offices, the JTPA SDAs/SSAs, and other Innovative Research (SBIR) Metrics. required on one or more parts of the interested stakeholders throughout the Need and Uses: NASA SBIR Phase II request. In the spirit of a continuing State. awardee firms would be asked to partnership to improve the workforce 12. Inquiries and Comments. Requests voluntarily provide data once every development system, the Department for technical assistance or other three years regarding the extent to recognizes that the need for additional inquiries should be directed to the which commercial products and waivers may become apparent to the Regional Office (see Attachment for list services and related commercial activity State during the implementation of its of regional liaisons). have resulted from NASA funded SBIR plan. Therefore, States may submit a Attachment technology. This information is critical request for an additional waiver as the to NASA’s evaluating and reporting on need arises, following the process LIST OF REGIONAL LIAISONS ON its success regarding one of its primary described in this TEGL. WAIVER REQUESTS mission objectives that NASA programs’ 10. Impact of New Statutory/ contributing significantly to the national economic growth, as well as NASA’s Regulatory Waiver Authority on Current Region and individual Telephone Nos. Regulatory Waiver Authority liaisons success in meeting the objectives of the Promulgated at 20 CFR 627.210: Vice President’s National Performance As indicated earlier in this TEGL, I Raymond H. Poet ...... 617±565±2243 Review recommendations for NASA and II Thomas J. McKenna .. 212±337±2180 DOL’s 1997 Appropriations Act III Barry Bridge ...... 215±596±6353 the President’s National Space Policy. provided authority for the Secretary to IV Ruby Campbell ...... 404±347±3495 Affected Public: Business or other for- grant waivers, within limits, of statutory V Donald Sutherland ..... 312±353±2775 profit. and regulatory requirements for titles I– VI Anna C. Hall/Robert 214±767±2154 Estimated Number of Respondents: III of the JTPA and for Sections 8–10 of Larrea. 650 in total, of which approximately 3922 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

200 will be sampled every year at Dated: January 21, 1997. National Endowment for the afrequency of once every three years for Leslie M. Nolan, Humanities, Washington, D.C. 20506; each firm. Advisory Committee Management Officer, telephone (202) 606–8322. Hearing- Responses Per Respondent: Once National Aeronautics and Space impaired individuals are advised that every three years. Administration. information on this matter may be Estimated Annual Responses: 200. [FR Doc. 97–1897 Filed 1–24–97; 8:45 am] obtained by contacting the Endowment’s TDD terminal on (202) Estimated Hours Per Request: 1. BILLING CODE 7510±01±M 606–8282. Estimated Annual Burden Hours: 217. SUPPLEMENTARY INFORMATION: The Frequency of Report: Once every three NATIONAL CREDIT UNION proposed meetings are for the purpose years. ADMINISTRATION of panel review, discussion, evaluation Dated: January 17, 1997. and recommendation on applications Russell S. Rice, Sunshine Act Meeting for financial assistance under the Director, IRM Division. TIME AND DATE: 10:00 a.m., Wednesday, National Foundation on the Arts and the [FR Doc. 97–1898 Filed 1–24–97; 8:45 am] January 29, 1997. Humanities Act of 1965, as amended, including discussion of information BILLING CODE 7510±01±M PLACE: Board Room, 7th Floor, Room given in confidence to the agency by the 7047, 1775 Duke Street, Alexandria, VA grant applicants. Because the proposed 22314–3428. meetings will consider information that [(97±007] STATUS: Open. is likely to disclose: (1) trade secrets and BOARD BRIEFING: commercial or financial information NASA Advisory Council (NAC), Space 1. Insurance Fund Report. Science Advisory Committee (SScAC); obtained from a person and privileged MATTERS TO BE CONSIDERED: Meeting or confidential; or (2) information of a 1. Approval of Minutes of Previous personal nature the disclosure of which Open Meeting. AGENCY: National Aeronautics and would constitute a clearly unwarranted 2. Proposed Revision to the Operating Space Administration. invasion of personal privacy, pursuant Fee Scale. to authority granted me by the ACTION: Notice of Meeting. 3. Chartering and Field of Chairman’s Delegation of Authority to Membership Issues. Close Advisory Committee meetings, SUMMARY: In accordance with the 4. Requests from Federal Credit dated July 19, 1993, I have determined Federal Advisory Committee Act, Public Unions to Convert to a Community that this meeting will be closed to the Law 92–463, as amended, the National Charter. Aeronautics and Space Administration 5. Request to Charter a Low-Income public pursuant to subsections (c)(4), announces a forthcoming meeting of the Community Federal Credit Union. and (6) of section 552b of Title 5, United NASA Advisory Council, Space Science 6. Requests from Corporate Federal States Code. Advisory Committee. Credit Unions for Field of Membership 1. Date: February 7, 1997. Time: 9:00 a.m. to 5:30 p.m. DATES: Monday, February 24, 1997, 8:30 Amendments. 7. Final Rule: Amendments to part Room: 415. a.m. to 5:00 p.m.; Tuesday, February 25, Program: This meeting will review 1997, 8:30 a.m. to 5:00 p.m.; 704, NCUA’s Rules and Regulations, Corporate Credit Unions. applications for Humanities Projects in Wednesday, February 25, 1997, 8:30 Museums and Historical Organizations, a.m. to 2:30 p.m. FOR FURTHER INFORMATION CONTACT: Becky Baker, Secretary of the Board, submitted to the Division of Public ADDRESSES: Lunar & Planetary Institute, Telephone (703) 518–6304. Programs for projects at the December 6, 3600 Bay Area Boulevard, Houston, TX 1996 deadline. Becky Baker, 77058. 2. Date: February 14, 1997. Secretary of the Board. Time: 9:00 a.m. to 5:30 p.m. FOR FURTHER INFORMATION CONTACT: [FR Doc. 97–1975 Filed 1–22–97; 4:31 pm] Dr. Guenter R. Riegler, Code SR, Room: 415. BILLING CODE 7535±01±M Program: This meeting will review National Aeronautics and Space applications for Humanities Projects in Administration, Washington, DC 20546, Museums and Historical Organizations, 202/358–1588. NATIONAL FOUNDATION ON THE submitted to the Division of Public SUPPLEMENTARY INFORMATION: The ARTS AND THE HUMANITIES Programs for projects at the December 6, meeting will be open to the public up 1996 deadline. Meetings of Humanities Panel to the capacity of the room. The agenda 3. Date: February 21, 1997. for the meeting is as follows: AGENCY: National Endowment for the Time: 9:00 a.m. to 5:30 p.m. —Status of prior SScAC Humanities. Room: 415. recommendations ACTION: Notice of meetings. Program: This meeting will review —FY 98 Budget Request applications for Humanities Projects in SUMMARY: —Subcommittee Business Pursuant to the provisions of Media, submitted to the Division of the Federal Advisory Committee Act Public Programs for projects at the —Space Summit (Public Law 92–463, as amended), December 6, 1996 deadline. —Space Science Theme Roadmaps; notice is hereby given that the following 4. Date: February 24, 1997. Technology Roadmaps, and Strategic meetings of the Humanities Panel will Time: 9:00 a.m. to 5:30 p.m. Planning Process. be held at the Old Post Office, 1100 Room: 415. It is imperative that the meeting be Pennsylvania Avenue, N.W., Program: This meeting will review held on these dates to accommodate the Washington, D.C. 20506. applications for Special Projects, scheduling priorities of the key FOR FURTHER INFORMATION CONTACT: submitted to the Division of Public participants. Visitors will be requested Michael S. Shapiro, Advisory Programs for projects at the December 6, to sign a visitor’s register. Committee Management Officer, 1996 deadline. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3923

5. Date: February 25, 1997. Chemistry and Environmental Board issued a Final Order Approving Time: 9:00 a.m. to 5:30 p.m. Protection in TVA’s corporate Settlement and Dismissing Complaint. Room: 415. organization, the NRC Office of Both the ALJ and OI stated that Mr. Program: This meeting will review Investigations (OI) initiated an Joseph R. Bynum, the former Vice applications for Special Projects, investigation, Case No. 2–93–015, on President of Nuclear Operations of TVA, submitted to the Division of Public April 15, 1993. OI completed its ordered the forced resignation of Mr. Programs for projects at the December 6, investigation on August 31, 1995, and Jocher. By letter dated August 26, 1996, 1996 deadline. concluded that: (1) Mr. Jocher ‘‘was Mr. Bynum was informed of the DOL 6. Date: February 28, 1997. engaged in protected activities during findings and the OI investigation results Time: 9:00 a.m. to 5:30 p.m. his employment at TVA, and received and requested to attend a predecisional Room: 415. an adverse employment action in the enforcement conference. On September Program: This meeting will review form of a threat of termination by TVA 23, 1996, a closed, transcribed applications for Humanities Projects in if he did not resign’’; (2) ‘‘the reason conference was conducted with Mr. Media, submitted to the Division of proffered by TVA for this adverse Bynum, legal counsel, and management Public Programs for projects at the action, namely that Jocher’s representatives of TVA. During the December 6, 1996 deadline. performance in the area of management conference and in a written statement Michael S. Shapiro, skills was inadequate, was primarily provided to NRC Region II prior to the Advisory Committee Management Officer. pretextual’’; and (3) ‘‘despite denials by conference, Mr. Bynum vigorously [FR Doc. 97–1809 Filed 1–24–97; 8:45 am] the TVA managers involved, the denied any violation of 10 CFR 50.5, BILLING CODE 7536±01±M methodology of Jocher’s engagement in Deliberate Misconduct, and stated that protected activity was the primary he did not discriminate against Mr. reason for the adverse action’’ against Jocher for engaging in protected activities. He attributed his decision to NUCLEAR REGULATORY him. In addition, on June 29, 1993, Mr. ask for Mr. Jocher’s resignation to Mr. COMMISSION Jocher, filed a complaint with the U. S. Jocher’s poor management skills, and [IA 96±101] Department of Labor (DOL). In his DOL stated that he (Mr. Bynum) used poor complaint, Mr. Jocher alleged that he judgement in not coordinating the Joseph R. Bynum; Order Prohibiting was forced to resign from employment personnel action with the appropriate Involvement in NRC-Licensed with TVA as a result of carrying out TVA offices (i.e., Human Resources, Activities (Effective Immediately) activities protected by the Atomic Office of General Counsel). Mr. Bynum I Energy Act of 1954. He further stated provided a detailed description of the that his forced resignation was based on events and circumstances surrounding Since April 1993, Joseph R. Bynum his activities in revealing deficiencies in Mr. Jocher’s departure and addressed has held the position of Vice President, the plant chemistry programs at the specific conclusions drawn by the DOL Fossil Operations in the Fossil and Sequoyah Nuclear Plant, revealing ALJ. Hydro Power organization of the TVA’s non-compliance with NRC Based on the NRC staff’s review of the Tennessee Valley Authority (TVA or approved guidelines, and revealing evidence gathered by OI, the ALJ Licensee). At the time of the events inconsistencies between actual facts and decision, and the views presented by described in this Order, Mr. Bynum was TVA management’s reports to the NRC Mr. Bynum at the predecisional employed as Vice President, Nuclear and other TVA oversight groups. enforcement conference, the NRC staff is Operations, in the Licensee’s corporate DOL efforts to conciliate the matter satisfied that discrimination against Mr. organization and was responsible for the between Mr. Jocher and TVA were Jocher by Mr. Bynum, who is currently oversight of TVA’s nuclear program at unsuccessful, and on April 29, 1994, the the TVA Vice President for Fossil its four nuclear reactor sites. During this DOL District Director (DD) issued the Operations, as described in the ALJ RDO time, the Licensee held five operating initial finding of the DOL compliance and the OI Report, had occurred when licenses and four construction permits action in the case. The DOL DD Mr. Bynum ordered the forced issued by the Nuclear Regulatory concluded that Mr. Jocher was a resignation of Mr. Jocher. In reaching Commission (NRC or Commission) protected employee engaged in this determination the staff considered pursuant to 10 CFR Part 50. License protected activity within the scope of among other things: (1) The close timing Nos. DPR–77 and DPR–79 authorized the Energy Reorganization Act, and that between some of the protected activities the Licensee’s operation of the discrimination, as defined and in March 1993, i.e., formal notification Sequoyah Nuclear Plant in Soddy-Daisy, prohibited by the statute, was a factor in by the NRC that it would be Tennessee; License Nos. DPR–33, DPR– the actions which comprised his investigating the safety issues raised by 52, and DPR–68 authorized operation of complaint. Mr. Jocher, and the adverse action taken the Browns Ferry Nuclear Plant in Following an appeal by TVA, against Mr. Jocher on April 5, 1993; (2) Athens, Alabama; Construction Permit administrative hearings were conducted statements made by TVA managers that Nos. CPPR–91 (now Operating License before the DOL Administrative Law Mr. Bynum ordered the forced NPF–90) and CPPR–92 authorized the Judge (ALJ). On July 31, 1996, the DOL resignation of Mr. Jocher; (3) construction of the Watts Bar Nuclear ALJ issued a Recommended Decision inconsistent statements made by Mr. Plant in Spring City, Tennessee; and and Order (RDO) in the case (DOL Case Bynum and the two managers who Construction Permit Nos. CPPR–122 and No. 94–ERA–24) finding that TVA carried out the forced resignation of Mr. CPPR–123 authorized the construction discriminated against Mr. Jocher in Jocher with respect to why and how the of the Bellefonte Nuclear Plant in violation of Section 211 of the Energy employment decision was made, and Scottsboro, Alabama. Reorganization Act. On November 20, whether Mr. Jocher was placed in a six 1996, the ALJ issued a Recommended month improvement program in March, II Order of Dismissal, based on a 1993; (4) inconsistencies in the various Following receipt of information conciliation agreement between Mr. statements given by Mr. Bynum regarding alleged discrimination against Jocher and TVA, and on November 22, regarding his knowledge of Mr. Jocher’s Mr. William F. Jocher, former Manager, 1996, the DOL Administrative Review protected activities, most notably the 3924 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices post-polygraph interview where he number of the employer, and provide a and may request a hearing on this stated that he was aware that Mr. Jocher copy of this order to the employer. Order, within 20 days of the date of this had submitted several safety complaints Additionally, Joseph R. Bynum is Order. Where good cause is shown, and Significant Corrective Action required to notify the NRC of his first consideration will be given to extending Reports, in light of TVA’s processes for involvement in NRC-licensed activities the time to request a hearing. A request handling safety issues of which Mr. following the prohibition period. for extension of time must be made in Bynum should have been fully Furthermore, pursuant to 10 CFR 2.202, writing to the Director, Office of cognizant; (5) the results of Mr. Bynum’s I find that the significance of Mr. Enforcement, U.S. Nuclear Regulatory voluntary polygraph examination which Bynum’s conduct described above is Commission Washington, D.C. 20555, indicated deception with respect to key such that the public health, safety and and include a statement of good cause questions related to the termination of interest require that this Order be for the extension. The answer may Mr. Jocher; and (6) the lack of adequate immediately effective. consent to this Order. Unless the answer documentation by TVA as to Mr. consents to this Order, the answer shall, IV Jocher’s inadequacies as a TVA in writing and under oath or manager. Accordingly, pursuant to sections affirmation, specifically admit or deny The staff adopts, in essence, the 103, 161b, 161i, 182 and 186 of the each allegation or charge made in this conclusions reached by OI and the DOL Atomic Energy Act of 1954, as amended, Order and shall set forth the matters of ALJ and believes that Mr. Jocher would and the Commission’s regulations in 10 fact and law on which Joseph R. Bynum not have been forced to resign on April CFR 2.202, 10 CFR 50.5, and 10 CFR or other person adversely affected relies 5, 1993 but for his engaging in protected 150.20, it is hereby ordered that: and the reasons as to why the Order activities. Therefore, it is concluded A. For a period of five years from May should not have been issued. Any that, on April 5, 1993, Mr. Bynum’s 1, 1993, Joseph R. Bynum is prohibited answer or request for a hearing shall be deliberate actions against Mr. Jocher from engaging in, or exercising control submitted to the Secretary, U.S. Nuclear were in violation of Section 211 of the over individuals engaged in NRC- Regulatory Commission, Attn: Chief, Energy Reorganization Act and 10 CFR licensed activities. NRC-licensed Docketing and Service Section, 50.5, Deliberate Misconduct. Further, activities are those activities which are Washington, DC 20555. Copies also Mr. Bynum’s actions caused TVA to be conducted pursuant to a specific or shall be sent to the Director, Office of in violation of 10 CFR 50.7, Employee general license issued by the NRC, Enforcement, U.S. Nuclear Regulatory Protection. including, but not limited to, those Commission, Washington, DC 20555, to activities of Agreement State licensees III the Assistant General Counsel for conducted pursuant to the authority Hearings and Enforcement at the same Based on the above, the staff granted by 10 CFR 150.20. This address, to the Regional Administrator, concludes that Mr. Joseph R. Bynum, an prohibition includes, but is not limited NRC Region II, 101 Marietta Street, employee of the Licensee, has engaged to: (1) Using licensed materials or Suite 2900, Atlanta, GA 30323, and to in deliberate misconduct in violation of conducting licensed activities in any Joseph R. Bynum if the answer or 10 CFR 50.5 that has caused the capacity within the jurisdiction of the hearing request is by a person other than Licensee to be in violation of 10 CFR NRC; and (2) supervising or directing Joseph R. Bynum. If a person other than 50.7. NRC must be able to rely on the any licensed activities conducted within Joseph R. Bynum requests a hearing, Licensee and its employees to comply the jurisdiction of the NRC. that person shall set forth with with NRC requirements, including the B. Following the five-year period of particularity the manner in which his or requirement that prohibits prohibition in Section IV.A above, at her interest is adversely affected by this discrimination against employees for least five days prior to the first time that Order and shall address the criteria set engaging in protected activities. Joseph Joseph R. Bynum engages in, or forth in 10 CFR 2.714(d). R. Bynum’s actions in causing the exercises control over, NRC-licensed If a hearing is requested by Joseph R. Licensee to violate 10 CFR 50.7 have activities, he shall notify the Director, Bynum or a person whose interest is raised serious doubt as to whether he Office of Enforcement, U.S. Nuclear adversely affected, the Commission will can be relied upon to comply with NRC Regulatory Commission, Washington, issue an Order designating the time and requirements in the future. D.C. 20555, of the name, address, and place of any hearing. If a hearing is held, Consequently, I lack the requisite telephone number of the NRC or the issue to be considered at such reasonable assurance that licensed Agreement State licensee and the hearing shall be whether this Order activities can be conducted in location where the licensed activities should be sustained. compliance with the Commission’s will be performed. The notice shall be Pursuant to 10 CFR 2.202(c)(2)(i), Mr. requirements and that the health and accompanied by a statement that Joseph Joseph R. Bynum, or any other person safety of the public will be protected if R. Bynum is committed to compliance adversely affected by this Order, may, in Joseph R. Bynum were permitted at this with NRC requirements and the reasons addition to demanding a hearing, at the time to be involved in NRC-licensed why the Commission should have time the answer is filed or sooner, move activities. Therefore, the public health, confidence that he will comply with the presiding officer to set aside the safety and interest require that Joseph R. applicable NRC requirements. immediate effectiveness of the Order on Bynum be prohibited from any The Director, Office of Enforcement, the ground that the Order, including the involvement in NRC-licensed activities may, in writing, relax or rescind any of need for immediate effectiveness, is not for a period of five years retroactive to the above conditions upon based on adequate evidence but on mere May 1, 1993, the date in which he was demonstration by Mr. Bynum of good suspicion, unfounded allegations, or transferred out of the Licensee’s nuclear cause. error. organization. If Mr. Bynum is currently In the absence of any request for involved in or overseeing NRC-licensed V hearing, or written approval of an activities at TVA or any other licensee In accordance with 10 CFR 2.202, extension of time in which to request a of the NRC, he must immediately cease Joseph R. Bynum must, and any other hearing, the provisions specified in such activities, and inform the NRC of person adversely affected by this Order Section IV above shall be effective and the name, address and telephone may, submit an answer to this Order, final 20 days from the date of this Order Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3925 without further order or proceedings. If Environmental Impacts of the Proposed Finding of No Significant Impact an extension of time for requesting a Action Based upon the environmental hearing has been approved, the The Commission has completed its assessment, the Commission concludes provisions specified in Section IV shall evaluation of the proposed action and that the proposed action will not have be final when the extension expires if a concludes, pursuant to 10 CFR 50.12, a significant effect on the quality of the hearing request has not been received. that the exemption is authorized by law human environment. Accordingly, the An answer or a request for hearing shall and will not endanger life or property Commission has determined not to not stay the immediate effectiveness of and is otherwise in the public interest. prepare an environmental impact this Order. The proposed material is very similar to statement for the proposed action. Dated at Rockville, Maryland, this 13th day current cladding materials used in the For further details with respect to the of January 1997. core and, core neutronics, mechanics, proposed action, see the licensee’s letter For the Nuclear Regulatory Commission. hydraulics and materials integrity will dated September 12, 1996, which is Edward L. Jordan, not be affected by the use of the test available for public inspection at the Deputy Executive Director for Regulatory assemblies. Commission’s Public Document Room, Effectiveness, Program Oversight, The change will not increase the The Gelman Building, 2120 L Street, Investigations, and Enforcement. probability or consequences of NW., Washington, DC, and at the local [FR Doc. 97–1857 Filed 1–24–97; 8:45 am] accidents, no changes are being made in public document room located at the BILLING CODE 7590±01±P the types of any effluents that may be Phoenix Public Library, 1221 N. Central released offsite, and there is no Avenue, Phoenix, Arizona 85004. significant increase in the allowable Dated at Rockville, Maryland, this 21st day individual or cumulative occupational of January 1997. [Docket No. STN 50±530] radiation exposure. Accordingly, the For the Nuclear Regulatory Commission Arizona Public Service Company; Palo Commission concludes that there are no James W. Clifford, significant radiological environmental Verde Nuclear Generating Station, Unit Senior Project Manager, Project Directorate No. 3; Environmental Assessment and impacts associated with the proposed IV–2, Division of Reactor Projects—III/IV, Finding of No Significant Impact action. Office of Nuclear Reactor Regulation. With regard to potential [FR Doc. 97–1858 Filed 1–24–97; 8:45 am] nonradiological impacts, the proposed The U.S. Nuclear Regulatory BILLING CODE 7590±01±P Commission (the Commission) is action does involve features located considering issuance of an exemption to entirely within the restricted area as Facility Operating License No. NPF–74, defined in 10 CFR Part 20. It does not [Project No. 697] affect nonradiological plant effluents issued to Arizona Public Service Notice of Public Meeting on DOE's Company (the licensee), for operation of and has no other environmental impact. Accordingly, the Commission concludes Proposal to Produce Tritium in the Palo Verde Nuclear Generating Commercial Light-Water Reactors Station, Unit No. 3 located in Maricopa that there are no significant County, Arizona. nonradiological environmental impacts The U.S. Nuclear Regulatory associated with the proposed action. Commission (NRC) will hold a public Environmental Assessment Alternatives to the Proposed Action meeting regarding the U.S. Department Identification of the Proposed Action of Energy (DOE) proposal for production Since the Commission has concluded of tritium in commercial light-water The proposed action would allow a that there is no measurable reactors. This meeting is to provide an temporary exemption for Palo Verde environmental impact associated with opportunity for public comment on the Nuclear Generating Station (PVNGS), the proposed action, any alternatives technical issues regarding the DOE Unit 3, from the requirements of 10 CFR with equal or greater environmental proposal and to ensure that the public 50.44, 10 CFR 50.46, and 10 CFR Part impact need not be evaluated. As an is aware of the staff’s review activities 50, Appendix K. The proposed action alternative to the proposed action, the early in the proposal evaluation process. would permit the use of up to three lead staff considered denial of the proposed The meeting will be held from 1:00 p.m. fuel assemblies containing fuel rods action. Denial of the application would until 5:00 p.m. on February 25, 1997, in clad with advanced Zirconium-based reduce operational flexibility and would the auditorium located within the Two alloys in PVNGS Unit 3 for Cycles 7, 8, not change current environmental White Flint North building at 11555 and 9. impacts. Rockville Pike in Rockville, Maryland. The proposed action is in accordance Alternative Use of Resources The meeting will be transcribed and will be open to the public. with the licensee’s application for This action does not involve the use The structure of the meeting shall be exemption dated September 12, 1996. of any resources not previously as follows: The Need for the Proposed Action considered in the Final Environmental Statement for the Palo Verde Nuclear Tuesday, February 25, 1997: The proposed action is needed to Generating Station dated February 1982. 1:00 p.m.—NRC opening remarks allow testing of representative cladding 1:15 p.m.—DOE program description material whose chemical composition Agencies and Persons Consulted 2:45 p.m.—NRC review description falls outside the ASTM specifications In accordance with its stated policy, 3:00 p.m.—Break for Zircaloy. The regulations currently on January 21, 1997, the staff consulted 3:15 p.m.—Public comments specify the use of Zircaloy or ZIRLO with the Arizona State official, Mr. 4:55 p.m.—Concluding statement cladding material. The proposed action William Wright of the Arizona 5:00 p.m.—Meeting adjourns would allow testing to collect data to Radiation Regulatory Agency, regarding Members of the public who are support future regulation changes to the environmental impact of the interested in presenting comments allow full batch use of the new cladding proposed action. The State official had relative to DOE’s tritium program material. no comments. should notify the project manager, at the 3926 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices number given below, 5 working days SUMMARY OF PROPOSAL(S): Dated: January 22, 1997. prior to the meeting. A brief summary Beatrice Ezerski, (1) Collection title: Repayment of of the information to be presented and Debt. Secretary to the Board. the time requested should be provided (2) Form(s) submitted: G–421f. [FR Doc. 97–1998 Filed 1–23–97; 11:03 am] in order to make appropriate BILLING CODE 7905±01±M arrangements. Time allotted for (3) OMB Number: 3220–0169. presentations by members of the public (4) Expiration date of current OMB will be determined based upon the clearance: February 28, 1997. (5) Type of request: Extension of a SECURITIES AND EXCHANGE number of requests received and will be COMMISSION announced at the beginning of the currently approved collection. meeting. Time permitting, additional, (6) Respondents: Individuals or [Rel. No: IC±22474; 812±10230] unscheduled presentations will be households. Principal Mutual Life Insurance considered. The order for public (7) Estimated annual number of Company, et al. presentations will be on a first-received, respondents: 300. first-to-speak basis. Written statements (8) Total annual responses: 300. January 17, 1997. will also be accepted and included in (9) Total annual reporting hours: 25. AGENCY: Securities and Exchange the record of the meeting. Written (10) Collection description: Section 2 Commission (‘‘Commission’’). statements may be mailed to the U.S. of the Railroad Retirement Act provides ACTION: Notice of application for an Nuclear Regulatory Commission, for payment of annuities to retired or order pursuant to the Investment Mailstop O–10H5, Attn: J. H. Wilson, disabled railroad employees, their Company Act of 1940 (‘‘1940 Act’’). Washington, DC 20555 or presented at spouses, and eligible survivors. When the meeting. the RRB determines that an APPLICANTS: Principal Mutual Life Requests for the opportunity to overpayment of RRA benefits has Insurance Company (‘‘Principal present information can be made by occurred, it initiates prompt action to Mutual’’), Principal Mutual Life contacting J. H. Wilson, Project notify the claimant of the overpayment Insurance Company Variable Life Manager, Division of Reactor Program and to recover the amount owed. The Separate Account (‘‘Account’’) and Management at (301) 415–1108. Persons collection obtains information needed to Princor Financial Services Corporation planning to attend this meeting are allow for repayment by the claimant by (‘‘Princor’’). urged to contact the project manager 1 credit card, in addition to the customary RELEVANT 1940 ACT SECTIONS: Order or 2 days prior to the meeting to be form of payment by check or money requested under Section 11(a) of the advised of any changes. order. 1940 Act. For further details with respect to this ADDITIONAL INFORMATION OR COMMENTS: SUMMARY OF APPLICATION: Applicants action, see the DOE’s ‘‘Submittal of Copies of the form and supporting request an order under Section 11(a) of Tritium Producing Burnable Absorber documents can be obtained from Chuck the 1940 Act approving an exchange Rod Lead Test Assembly Topical Mierzwa, the agency clearance officer offer in which certain variable universal Report’’ dated December 3, 1996 and the (312–751–3363). Comments regarding life insurance policies issued by staff’s Request for Additional the information collection should be Principal Mutual and offered through Information and Supplemental Request addressed to Ronald J. Hodapp, Railroad the Account (‘‘Old Policies’’) may be for Additional Information dated Retirement Board, 844 North Rush exchanged for new variable universal January 3 and 13, 1997, respectively, all Street, Chicago, Illinois 60611–2092 and life insurance policies issued by of which are available for public the OMB reviewer, Laura Oliven (202– Principal Mutual and offered through inspection at the Commission’s Public 395–7316), Office of Management and the Account (‘‘New Policies,’’ Document Room, the Gelman Building, Budget, Room 10230, New Executive collectively with Old Policies, 2120 L Street, NW., Washington, DC. Office Building, Washington, D.C. ‘‘Policies’’). Dated at Rockville, Maryland, this 21st day 20503. FILING DATE: The application was filed of January, 1997. Chuck Mierzwa, on July 1, 1996, and amended on December 20. 1996. For the Nuclear Regulatory Commission. Clearance Officer. HEARING OR NOTIFICATION OF HEARING: An Thomas T. Martin, [FR Doc. 97–1912 Filed 1–24–97; 8:45 am] order granting the application will be Director, Division of Reactor Program BILLING CODE 7905±01±M Management, Office of Nuclear Reactor issued unless the Commission orders a Regulation. hearing. Interested persons may request [FR Doc. 97–1859 Filed 1–24–97; 8:45 am] Sunshine Act Meeting a hearing by writing to the Secretary of BILLING CODE 7590±01±P the Commission and serving Applicants The meeting of the Railroad with a copy of the request, personally or Retirement Board which was to be held by mail. Hearing requests should be on January 22, 1997, 9:00 a.m., at the received by the Commission by 5:30 RAILROAD RETIREMENT BOARD Board’s meeting room on the 8th floor p.m. on February 12, 1997, and should be accompanied by proof of service on Agency Forms Submitted for OMB of its headquarters building, 844 North Applicants in the form of an affidavit or, Review Rush Street, Chicago, Illinois, 60611, has been rescheduled to January 29, for lawyers, a certificate of service. SUMMARY: In accordance with the 1997, at 9:00 a.m. The agenda for this Hearing requests should state the nature Paperwork Reduction Act of 1995 (44 meeting was published at FR 1139 on of the requester’s interest, the reason for U.S.C. Chapter 35), the Railroad January 8, 1997. the request, and the issues contested. Retirement Board has submitted the The entire meeting will be open to the Persons may request notification of a following proposal(s) for the collection public. The person to contact for more hearing by writing to the Secretary of of information to the Office of information is Beatrice Ezerski, the Commission. Management and Budget for review and Secretary to the Board, Phone No. 312– ADDRESSES: Secretary, Securities and approval. 751–4920. Exchange Commission, 450 Fifth Street, Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3927

N.W., Washington, D.C. 20549. 7. The Old Policies offer a choice of Account value (guaranteed not to Applicants, David J. Brown, Esq., The two death benefit options; a level death exceed 0.90%). Principal Financial Group, Des Moines, benefit equal to the Old Policy’s face 13. A cost of insurance charge that is Iowa 50392–0200. amount, or a death benefit equal to the guaranteed to be no more than that FOR FURTHER INFORMATION CONTACT: face amount plus policy value. permitted under the applicable 1980 Pamela K. Ellis, Senior Counsel, or 8. The Old Policies have both a front- Commissioners Standard Ordinary Kevin M. Kirchoff, Branch Chief, Office end sales load and a contingent deferred Mortality Table (‘‘1980 CSO Table’’) is of Insurance Products (Division of sales load (‘‘CDSL’’). The front-end sales deducted from policy value each month. Investment Management), at (202) 942– load is 5.00% of all premiums paid 14. Several optional insurance riders 0670. under an Old Policy. A surrender charge are offered by Principal Mutual in consisting of a CDSL and a contingent connection with the Old Policies. SUPPLEMENTARY INFORMATION: The deferred acquisition charge (‘‘CDAC’’) is Among these are riders providing for: (i) following is a summary of the deducted upon surrender of an Old Increases in face amount every three application. The complete application is Policy. These surrender charges vary years based upon cost of living available for a fee from the Public with the issue age, duration since issue, increases; (ii) waiver of monthly Reference Branch of the Commission. and, where allowed by law, the gender deductions in the event of disability of Applicants’ Representations of the insured. the insured; (iii) optional increases in face amount upon certain dates or the 1. Principal Mutual, a mutual life 9. The maximum CDSL under the Old Policies is not greater than 25% of the occurrence of certain events; (iv) insurance company incorporated in accidental death benefit; (v) term Iowa, is authorized to do business in the minimum payment required in the first year (which is always less than a insurance on the lives of insured 50 states of the United States, the children; (vi) term insurance on an District of Columbia, the Guideline Annual Premium, as defined in Rule 6e–3(T)(c)(8) under the 1940 insured spouse; (vii) change of the Commonwealth of Puerto Rico, and the person insured; (viii) accelerated death Canadian Provinces of Alberta, British Act). The CDAC varies from $0.43 per $1,000 of face amount to $10.58 per benefit; and (ix) a death benefit Columbia, Manitoba, Ontario, and guarantee. Quebec. $1,000 of face amount according to 2. The Account, a separate account of tables set forth in the Old Policy. New Policies Additional CDAC and CDSL charges are Principal Mutual, is registered under the 15. The New Policies are flexible- 1940 Act as a unit investment trust. computed upon increases in face amount. The surrender charges apply premium life insurance policies that 3. Princor, the principal underwriter permit accumulation of policy values on for the Policies, is an indirect wholly only at the time of a full surrender or lapse of an Old Policy. There is a charge a variable, fixed, or combination of owned subsidiary of Principal Mutual. variable and fixed basis. The New Princor is registered with the of the lesser of $25 or 2% of the amount surrendered for processing partial Policies require premium payments to Commission under the Securities be made in at least a specified amount Exchange Act of 1934 as a broker-dealer, surrenders under the Old Policy. The amount of the surrender charges for the first 24 policy months (where and is a member of the National permitted by state law), and have a Association of Securities Dealers, Inc. decreases over time according to when the surrender or lapse occurs, according minimum face amount of $50,000. The Old Policies to the following schedule: New Policies mature on the policy anniversary following the 95th birthday 4. The Old Policies are flexible- Surreder of the insured. premium life insurance policies that Surrender year charge per- 16. Policy values of the New Policies permit accumulation of policy values on centage currently may be allocated to divisions a variable basis. The Old Policies of the Account that invest in thirteen require premium payments to be made 1±3 ...... 100.0 different underlying funds—ten mutual in at least a specified amount for the 4 ...... 87.5 funds sponsored by Principal Mutual, 5 ...... 75.0 first policy year, and have a minimum two investment portfolios of Fidelity face amount of $25,000. An Old Policy 6 ...... 62.5 7 ...... 50.0 Variable Insurance Products Fund, and matures on the policy anniversary 8 ...... 37.5 one investment portfolio of Fidelity following the 95th birthday of the 9 ...... 25.0 Variable Insurance Products Fund II. insured. 10 ...... 12.5 17. Policy values may also be 5. Policy values of the Old Policies 11 or more ...... 0.0 accumulated on a guaranteed basis by currently may be allocated to six allocation to Principal Mutual’s general divisions of the Account, each of which 10. An amount equal to 2.00% of account (‘‘Fixed Account’’). Interest on invests in an underlying fund sponsored premiums received under the Old accounts invested in the Fixed Account by Principal Mutual. Policy values may Policies is deducted for state premium is guaranteed to be at least 3% on an be transferred among the six divisions of tax obligations of Principal Mutual in annual basis. the Account, the first four transfers in a connection with receipt of premiums 18. Policy values may be transferred policy year at no charge, and additional under the Old Policies. among the divisions of the Account transfers subject to a charge of $25 per 11. A charge is deducted from the without charge, although Principal transfer (with all transfers occurring on policy value of each Old Policy monthly Mutual reserves the right to impose a the same effective date counting as one for administration of the Old Policies. charge of up to $25 per transfer on transfer). This charge currently is $4.75 per unscheduled transfers in excess of 12 in 6. The Old Policies permit partial month, and is guaranteed not to be more a policy year. Transfers to and from the surrenders and policy loans. Interest than $5.00 per month. Fixed Account are permitted, subject to payable on policy loans is 8%; interest 12. Under the Old Policies, a certain restrictions described in the credited on loan accounts established in mortality and expense risks charge is prospectus for the New Policies. connection with outstanding loans is deducted from the Account daily at an 19. The New Policies permit partial 6%. annual rate of 0.75% of average daily surrenders and policy loans. Interest 3928 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices payable on policy loans is 8%; interest Surrender CSO Table is deducted from policy credited on loan accounts established in Surrender year charge per- value each month. connection with outstanding loans is centage 27. For the first nine policy years, a 6% during the first ten policy years and mortality and expense risks charge is 7.75% thereafter. 1±5 ...... 100.00 deducted from policy value monthly at 6 ...... 95.24 20. The New Policies offer a choice of 7 ...... 85.71 an annual rate of 0.90% of the value of two death benefit options: a level death 8 ...... 71.43 the amount of policy value allocated to benefit equal to the New Policy’s face 9 ...... 52.38 the divisions. After the ninth policy amount, or a death benefit equal to the 10 ...... 28.57 year, the mortality and expense risks face amount plus policy value. 11 or more ...... 0.0 charge will be reduced to a 0.27% 21. The New Policies have both a annual rate. Principal Mutual reserves front-end sales load and a CDSL. The 23. The amount of the CDSL that the right to increase the 0.27% charge to front-end sales load is 2.75% of: (a) applies in the event of a surrender or as much as 0.90%, but only for Policies premiums paid during each of the first lapse in the first two policy years issued on or after the date of such an ten policy years up to one ‘‘target generally will be limited as a result of increase and not for Policies already in premium’’ for the initial face amount of ‘‘refund rights’’ required by paragraph force at the time of the increase. Thus, insurance; and (b) premiums up to the (b)(13)(v)(A) of Rule 6e–3(T). In the a New Policy acquired in an exchange target premium for an incremental event of such a surrender or lapse, the that had the reduction to 0.27% would amount of insurance added by a face CDSL will be limited to an amount that not be subject to any subsequent amount increase (‘‘incremental target would cause the total sales load (sales increase. premium’’) paid during each of the first load deducted from premiums plus the 28. Several optional insurance riders ten policy years after a face amount CDSL) paid in connection with are offered by Principal Mutual in increase that are allocable to the premiums paid up to the first two connection with the New Policies. increase. Payments after an increase in guideline annual premiums not to Among these riders are three that permit face amount are allocated between the exceed the sum of: (i) 30% of the face amount increases without new ‘‘base policy’’ and the ‘‘incremental premiums paid up to the lesser of one evidence of insurability, and accounting policy’’ that is added by increase guideline annual premium or the benefit riders that are designed to according to the relative face amounts of maximum amount of premiums subject minimize the adverse impact on the the base policy and the incremental to the deferred sales charge; plus (ii) earnings of a business that purchases a policy. Payments in any policy year in 10% of the premiums paid in excess of New Policy that would otherwise result the first ten policy years in excess of the one guideline annual premium, up to under generally accepted accounting target premium (or payments in the first the lesser of two guideline annual principles. ten policy years after a face amount premiums or the maximum amount of Offer of Exchange increase that are allocable to the premiums subject to the deferred sales 29. Applicants represent that the offer increase in face amount and are in charge. excess of the incremental target to exchange Old Policies for New 24. Charges are deducted from premium) are assessed a front-end sales Policies will be made by providing premium payments under the New load of 0.75%. Payments made after ten owners or Old Policies a prospectus for Policies for state, local, and federal policy years (if there has been no face the New Policies, accompanied by a taxes. An amount equal to 2.20% of amount increase), or ten policy years letter explaining the offer and a piece of after a face amount increase, are not premiums received under the New sales literature that compares the two subject to a front-end sales charge. Policies is deducted for state and local Policies. The offering letter will advise 22. A surrender charge consisting of premium tax obligations of Principal the Old Policy owner that personalized the CDSL and a CDAC is deducted upon Mutual in connection with receipt of illustrations comparing the two Policies surrender of a New Policy. The premiums under the New Policies, and using the information particular to that maximum CDAC is $3 per $1,000 for the 1.25% is deducted for Principal Policy owner will be available without first $500,000 of face amount. The Mutual’s increased federal income tax cost upon request. maximum CDSL is 47.25% of the first obligations because it must amortize a 30. Applicants state that the exchange two target premiums received (and the portion of its expenses in offering the offer (which will remain open for at first two target premiums received for Policies over ten years for federal least one year) will provide that, upon any incremental amount of insurance income tax purposes. acceptance of the offer, a New Policy coverage added by an increase in face 25. A charge for administration of the will be issued with the same face amount) for insureds under age 66. If New Policies is deducted monthly from amount and policy value as the Old the insured is older than 65 at the Policy the policy value of each New Policy. For Policy surrendered in the exchange. Date or the date of a face amount the first policy year, this charge 31. The risk class for a New Policy increase, then the number of target currently is $0.40 per $1,000 of face acquired by exchange will be that most premiums to which this charge applies amount up to $500,000, and is similar to the risk class for the is reduced from two to: (a) 1.5 for ages guaranteed to be no more than $0.60 per exchanged Old Policy. If an Old Policy 66–70; (b) 1.1 for ages 71–75; (c) 0.8 for $1,000 of face amount up to $500,000. includes a face amount increase at a risk ages 76–80; or (d) 0.5 for ages 81–85. The current minimum monthly class less favorable than that for the Old The surrender charges apply only at the administration charge in the first policy Policy as originally issued, then the time of a full surrender or lapse of a year is $6.00, and is guaranteed to be no New Policy will be issued at the risk New Policy. There is a charge of the more than $16.67. After the first policy class most similar to that for the Old lesser of $25 or 2% of the amount year, the monthly administration charge Policy as originally issued. Applicants surrendered for processing partial currently is $6.00 and is guaranteed to represent that new evidence of surrenders. The amount of the surrender be no more than $10.00. insurability will not be required as a charge decreases over time according to 26. A cost of insurance charge that is condition of the exchange unless: (i) when the surrender or lapse occurs, guaranteed to be no more than that The Policy owner requests one or more according to the following schedule: permitted under the applicable 1980 of certain optional insurance riders Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3929 under the New Policy that were not a paid by Principal Mutual or Princor Commission rules adopted under part of the Old Policy; (ii) the Policy (and not by policy owners). Section 11. owner applies to have the insured’s 33. Optional insurance riders attached 2. Section 11(c) of the 1940 Act, in rating upgraded to the ‘‘preferred’’ to an Old Policy surrendered in an pertinent part, requires, in effect, that rating that is offered under the New exchange will be eligible to be included any offer of exchange of the securities of Policies but not under the Old Policies; with the New Policy acquired in the a registered unit investment trust for the or (iii) the Policy owner requests a face exchange only if that rider (or a securities of any other investment amount increase at the time of the substantially equivalent rider) is company be approved by the exchange. The New Policy’s $50,000 available under the New Policies. Commission or satisfy applicable rules minimum face amount increase will be 34. Applicants state that certain adopted under Section 11, regardless of reduced to $25,000 for increases restrictions of the New Policies will be the basis of the exchange. 3. The Account is registered under the requested at the time of the exchange. If waived in connection with New Policies 1940 Act as a unit investment trust. new underwriting is required as part of acquired in exchange for Old Policies. Accordingly, the proposed exchange the exchange for reason number (ii) The $50,000 minimum face amount of the New Policies will be waived for offer constitutes an offer of exchange of above, a charge of $100 normally would two securities, each of which is offered be imposed. If the Policy owner also New Policies acquired in exchange for an Old Policy with less than that face by a registered unit investment trust. requests a face amount increase of Thus, unless the terms of the exchange $25,000 or more at the time of the amount. There will be no minimum required premium payment for New offer are consistent with those permitted exchange, however, the $100 charge for by Commission rule, Applicants may Policies so acquired (even if the Old the new underwriting will be waived. make the proposed exchange offer only Policy exchanged was in its first two Any increase in face amount, upgrade to after the Commission has approved the policy years). a preferred rating, and any new rider terms of the offer by an order pursuant added in connection with an exchange 35. Loans under an Old Policy must to Section 11(a) of the 1940 Act. will take effect on the next date that be repaid in cash or by means of a 4. Applicants assert that the monthly charges are deducted under the partial surrender prior to the exchange. legislative history of Section 11 of the New Policy after the new underwriting Any letters to Old Policy owners 1940 Act and the rules thereunder is completed. describing the exchange offer will demonstrates that its purpose is to include the fact that loans must be prevent the practice of inducing security 32. Applicants represent that no repaid prior to the exchange and surrender charge will be deducted upon holders of one investment company to disclosure that repayment of a loan by exchange their securities for those of a the surrender of an Old Policy in means of a partial surrender could have connection with an exchange, and no different investment company solely for adverse tax consequences to the Old the purpose of exacting additional front-end sales load will be deducted Policy owner. Principal Mutual from the proceeds of that surrender selling charges, a practice found by represents that it will waive the partial Congress to be widespread in the 1930’s when those proceeds are applied to the surrender charge that would otherwise purchase of a New Policy as part of an prior to adoption of the 1940 Act. be applicable to a partial surrender Applications under Section 11(a) and exchange. If the policy date of the Old made in connection with accepting the orders granting those applications Policy is the same day of the month as exchange offer and that is used solely to appropriately have focused on sales the policy date of the New Policy, then pay off an outstanding loan. loads or sales load differentials and surrender charges and front-end sales 36. Applicants represent that the administrative fees to be imposed for loads on subsequent premium payments suicide clause, incontestability, and free effecting a proposed exchange. for the New Policy will be calculated as time periods of the Old Policy will 5. Rule 11a–2, adopted under Section if the policy date of the Old Policy were apply to the New Policy acquired in an 11 of the 1940 Act, provides blanket also the policy date of the New Policy. exchange. That is, no new suicide Commission approval of certain types of If the policy date of the Old Policy is on clause, incontestability, or free look offers of exchange of one variable a day of the month different from the time periods will commence at the time annuity contract for another, or of one policy date of the New Policy, then of the exchange, and any such periods variable life insurance contract for surrender charges and front-end loads for the Old Policy that had not expired another. Applicants believe that there is on subsequent premium payments for at the time of the exchange would carry language in the Commission’s release the New Policy will be calculated as if over to the New Policy and would adopting the rule that suggests that the the monthly date (the day of the month expire when they would have expired rule may have been intended to permit which is the same as the day of the had no exchange taken place. exchanges of funding options within a policy date) of the New Policy that single variable life insurance policy but Applicants’ Legal Analysis would have immediately preceded the not the exchange of one such policy for policy date of the Old Policy were the 1. Section 11(a) of the 1940 Act makes another. policy date of the New Policy it unlawful for any registered open-end 6. Under Rule 11a–2, variable life (‘‘Adjusted Policy Date’’). If an Old company, or any principal underwriter insurance exchanges may vary from Policy includes one or more face for such a company, to make or cause relative net asset exchanges only by amount increases, the surrender charge to be made an offer to the holder of a reason of disclosed administrative fees, and front-end loads of a New Policy security of such company, or of any no sale loads or sales load differentials acquired in the exchange will be other open-end investment company, to are permitted under the rule for such calculated using the Adjusted Policy exchange his security for a security in exchanges. Because both the Old and Date as if the Adjusted Policy Date had the same or another such company on New Policies have both front-end and been the effective date of each face any basis other than the relative net contingent deferred sales loads, Rule amount increase under the Old Policy. asset values of the respective securities, 11a–2 would be unavailable to the Any commissions paid to sales unless the terms of the offer have first proposed exchanges, even if such representative for sales of New Policies been submitted to and approved by the policy-for-policy exchanges otherwise by means of the exchange offer will be Commission or are in accordance with would be permitted under Rule 11a–2. 3930 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

7. Adoption of Rule 11a–3 represents For the Commission, by the Division of Gulf also proposes to issue and sell, the most recent Commission action Investment Management, under delegated through December 31, 2003, one or more under Section 11 of the 1940 Act. As authority. series of its first mortgage bonds with Rule 11a–2, the focus of the Rule Margaret H. McFarland, (‘‘Bonds’’), to mature in more than 40 is primarily on sales or administrative Deputy Secretary. years, and one or more series of charges that would be incurred by [FR Doc. 97–1821 Filed 1–24–97; 8:45 am] preferred stock (‘‘Stock’’), in an investors for effecting exchanges. BILLING CODE 8010±01±M aggregate amount of up to $400 million Applicants assert that the terms of the in any combination of issuance. The Revenue Bonds would be issued proposed offer are consistent with Rule [Release No. 35Ð26648] 11a–3 because no additional sales to finance or reference air and water charges will be incurred as a result of Filings Under the Public Utility Holding pollution control facilities and sewage the exchange and no administrative fees Company Act of 1935, as Amended and solid waste disposal facilities at will be charged to effect the exchange. (``Act'') electric power plants or other Because the investment company installations. Each county or other involved in the proposed exchange offer January 17, 1997. public instrumentality (‘‘County’’) with is a separate account, and because it is Notice is hereby given that the a plant or installation within its organized as a unit investment trust following filing(s) has/have been made jurisdiction would issue Revenue bonds rather than as a management investment with the Commission pursuant to to finance or refinance the pollution trust, Applicants believe that they may provisions of the Act and rules control or waste disposal facilities not rely upon Rule 11a–3. promulgated thereunder. All interested associated with that plant or installation persons are referred to the application(s) (‘‘Project’’). 8. Applicants assert that the terms of and/or declaration(s) for complete The Revenue Bonds would mature the proposed exchange do not present statements of the proposed within forty years of issuance and could the abuses against which Section 11 was transaction(s) summarized below. The involve a mandatory redemption intended to protect. No additional sales application(s) and/or declaration(s) and sinking fund calculated to retire a load or other fee will be imposed at the any amendments thereto is/are available portion of the aggregate principal time of exchange other than the $100 for public inspection through the amount of the Revenue Bonds prior to that may be imposed in connection with Commission’s Office of Public maturation. new underwriting needed for: (i) Certain Reference. Gulf would enter into a Loan or optional insurance riders; (ii) an Interested persons wishing to Installment Sale Agreement with each upgrade to a preferred rating class; or comment or request a hearing on the County (‘‘Agreement’’) for each issue of (iii) a face amount increase. application(s) and/or declaration(s) the Revenue Bonds. Gulf would issue a 9. The policy value and death benefit should submit their views in writing by note (‘‘Note’’) therefore or the County of a New Policy acquired in the February 10, 1997, to the Secretary, would undertake to purchase and sell proposed exchange will be precisely the Securities and Exchange Commission, the related Project to Gulf. The proceeds same immediately after the exchange as Washington, D.C. 20549, and serve a from the sale of the Revenue Bonds that of the Old Policy exchanged copy on the relevant applicant(s) and/or would be deposited with a trustee (‘‘Trustee’’) under an indenture (‘‘Trust immediately prior to the exchange. declarant(s) at the address(es) specified Indenture’’) and would be used by Gulf Accordingly, Applicants assert that the below. Proof of service (by affidavit or, for payment of the cost of construction exchanges, in effect, will be relative net in case of an attorney at law, by of the Project or to refund outstanding asset value exchanges that would be certificate) should be filed with the request. Any request for hearing shall pollution control revenue obligations. permitted under Section 11(a) if the The Trust Indenture and the Account were registered as a identify specifically the issues of fact or law that are disputed. A person who so Agreement would give the holders of management investment company the Revenue Bonds the right, when the rather than as a unit investment trust. requests will be notified of any hearing, if ordered, and will receive a copy of Revenue Bonds bear interest at a 10. The description of the proposed any notice or order issued in the matter. fluctuating rate, to require Gulf to exchange offer in letters to Old Policy After said date, the application(s) and/ purchase the Revenue Bonds. owners and in the New Policy’s or declaration(s), as filed or as amended, Arrangements could be made to prospectus will provide full disclosure may be granted and/or permitted to remarket the Revenue Bonds. Gulf also of the material differences in the two become effective. could be required to purchase the policies. Those letters, and any other Revenue Bonds, or the Revenue Bonds sales literature used in connection with Gulf Power Co. (70–8949) could be subject to mandatory the exchange offer, will have been filed Gulf Power Company (‘‘Gulf’’), 500 redemption, if the interest thereon is with the National Association of Bayfront Parkway, Pensacola, Florida, determined to be subject to federal Securities Dealers, Inc. for review. Each 32501, an electric public utility income tax, in which case interest on Old Policy owner will be offered subsidiary company of The Southern the Revenue Bonds also could be personalized hypothetical illustrations company, a registered holding company, converted to an increased variable or that compare the Old and New Policies. has filed an application-declaration fixed rate. Gulf also could be required Applicants assert that, assuming no under sections 6(a), 7, 9(a) and 10 of the to indemnify the holders against other premature surrender, the New Policies Act and rule 54 thereunder. additions to interest, penalties and should be less expensive than the Old Gulf proposes to incur obligations, additions to tax. Policies for many, if not most, Policy from time to time through December 31, To obtain ratings for the Revenue owners. Applicants believe that the 2003, in connection with the issuance Bonds equal to the rating of first disclosure provided and the and sale by public instrumentalities of mortgage bonds outstanding under a illustrations provided upon request one or more series of pollution control September 1, 1941 indenture between provide Old Policy owners with revenue bonds (‘‘Revenue Bonds’’) in an Gulf and The Chase Manhattan Bank sufficient information to determine aggregate principal amount of up to (‘‘Mortgage’’), Gulf could secure its which Policy they prefer. $200 million. obligations under the Note and/or Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3931

Agreement with a series of its first with the Commission pursuant to (‘‘BSE’’ or ‘‘Exchange’’) filed with the mortgage bonds to be held by the section 12(c) of the Act and rules 46 and Securities and Exchange Commission Trustee as collateral (‘‘Collateral 54 thereunder. (‘‘Commission’’) the proposed rule Bonds’’). The aggregate principal By orders of the Commission dated change as described in Items I and II amount of the Collateral Bonds would January 19, 1996 (HCAR No. 26457) and below, which Items have been prepared be equal to the principal amount of the July 6, 1995 (HCAR No. 26326), GPU by the self-regulatory organization. The Revenue Bonds or to the principal was authorized to acquire GPU Electric Commission is publishing this notice to amount plus interest payments thereon for the purpose of acquiring one or more solicit comments on the proposed rule for a specified period. exempt wholesale generators (‘‘EWGs’’) change from interested persons and to Gulf also could cause an irrevocable and/or foreign utility companies grant accelerated approval to the letter of credit (‘‘Letter of Credit’’) to be (‘‘FUCOs’’) (collectively ‘‘Exempt proposed rule change. delivered to the Trustee and/or have an Entities’’). I. Self-Regulatory Organization’s insurance company issue a policy Bt order of the Commission dated Statement of the Terms of Substance of (‘‘Policy’’) to guarantee payment of the November 16, 1995 (HCAR No. 26409), the Proposed Rule Change Revenue Bonds. Gulf may also provide June 14, 1995 (HCAR No. 26307), to the County a subordinated security September 12, 1994 (HCAR No. 26205), The BSE seeks a twelve-month interest in the Project or other property December 18, 1994 (HCAR No. 25715 extension of its Specialist Performance of Gulf. In the event that Gulf is unable and June 26, 1990 (HCAR No. 26409), Evaluation Program (‘‘SPEP’’).4 or determines not to issue the Collateral GPU International was authorized to (i) II. Self-Regulatory Organization’s Bonds or provide for the Letter of Credit engage in preliminary project Statement of the Purpose of, and or the Policy, Gulf could guarantee development activities in connection Statutory Basis for, the Proposed Rule payment of the principal or premium with its investments in qualifying Change and interest on the Revenue Bonds. facilities as defined in the Public Utility With respect to the $400 million in Regulatory Policies Act of 1978, as In its filing with the Commission, the Bonds and Stock, the Bonds would be amended, and Exempt Entities, and (ii) self-regulatory organization included issued pursuant to the Mortgage and acquire the securities of Exempt statements concerning the purpose of sold for the best price obtainable but for Entities. and basis for the proposed rule change a price to Gulf of not less than 98% nor GPU International and GPU Electric and discussed any comments it received more than 101 3/4% of the principal propose that they be authorized to on the proposed rule change. The text amount thereof, plus accrued interest, declare and pay dividends to GPU out of these statements may be examined at which could be an adjustable interest of capital and unearned surplus from the places specified in Item III below. rate determined on a periodic basis or time to time through December 31, The self-regulatory organization has a fixed interest rate. 2001. They state that all dividends prepared summaries, set forth in Gulf could enhance the marketability would be declared and paid only in Sections A, B, and C below, of the most of the Bonds through an insurance compliance with applicable law of their significant aspects of such statements. policy to guarantee the payment when respective jurisdictions of organization A. Self-Regulatory Organization’s due of the Bonds. The Bonds and/or the and loan covenants. Statement of the Purpose of, and Stock could be subject to a mandatory For the Commission, by the Division of Statutory Basis for, the Proposed Rule or optional cash sinking fund. With Change respect to the issuance of the Bonds and Investment Management, pursuant to delegated authority. the Stock, Gulf requests Commission 1. Purpose authorization for a deviation from the Margaret H. McFarland, Deputy Secretary. The purpose of the proposed rule provisions of the Commission’s change is to request an extension of the [FR Doc. 97–1820 Filed 1–24–97; 8:45 am] Statement of Policy on First Mortgage Exchange’s SPEP pilot program. The Bonds and Preferred Stock.1 BILLING CODE 8010±01±M evaluation program, using the BEACON Gulf proposes to use the proceeds from the sale of the Bonds and the Stock [Release No. 34±38182; File No. SR±BSE± 4 The Commission initially approved the BSE’s to redeem or retire outstanding first 96±13] SPEP pilot program in Securities Exchange Act mortgage bonds, pollution control bonds Release No. 22993 (March 10, 1986), 51 FR 8298 and/or preferred stock, or along with (March 14, 1986) (File No. SR–BSE–84–04). The Self-Regulatory Organizations; Notice Commission subsequently extended the pilot other funds, to pay a portion of its cash of Filing and Order Granting program in Securities Exchange Act Release Nos. requirements to conduct its electric Accelerated Approval of Proposed 26162 (October 6, 1988), 53 FR 40301 (October 14, utility business. Rule Change by the Boston Stock 1988) (File No. SR–BSE–87–06); 27656 (January 30, 1990), 55 FR 4296 (February 7, 1990) (File No. SR– GPU International, Inc., et al. (70–8971) Exchange, Inc. Relating to Its BSE–90–01); 28919 (February 26, 1991), 56 FR 9990 Specialist Performance Evaluation (March 8, 1991) (File No. SR–BSE–91–01); and GPU International, Inc. (‘‘GPU Program 30401 (February 24, 1992), 57 FR 7413 (March 2, International’’), formerly Energy 1992) (File No. SR–BSE–92–01). The BSE was Initiatives, Inc., and GPU Electric, Inc. January 17, 1997. permitted to incorporate objective measures of (‘‘GPU Electric’’), formerly EI Energy, Pursuant to Section 19(b)(1) of the specialist performance into its pilot program in Securities Exchange Act Release No. 31890 Inc., both non-utility subsidiaries of Securities Exchange Act of 1934 (February 19, 1993), 58 FR 11647 (February 26, GPU, Inc. (‘‘GPU’’), a registered holding (‘‘Act’’),1 and Rule 19b–4 thereunder,2 1993) (File No. SR–BSE–92–04) (‘‘February 1993 company, and both located at One notice is hereby given that on January 6, Approval Order’’), at which point the initial pilot Upper Pond Road, Parsippany, New 1997,3 the Boston Stock Exchange, Inc. program ceased to exit as a separate program. The current pilot program was subsequently extended in Jersey 07054, have filed a declaration Securities Exchange Act Release Nos. 33341, 1 15 U.S.C. 78s(b)(1). (December 15, 1993) 58 FR 67875 (December 22, 1 Holding Co. Act Release No. 13105 (Feb. 16, 2 17 CFR 240.19b–4. 1993) (‘‘December 1993 Approval Order’’); 35187 1969), amended, Holding Co. Act Release No. 16369 3 On January 6 and January 10, 1997, the BSE (December 30, 1994), 60 FR 2406 (January 9, 1995); (May 8, 1969); Holding Co. Act Release No. 13105 filed Amendment Nos. 1 and 2, respectively, with and 36668 (January 2, 1996), 61 FR 672 (January 9, (Feb. 16, 1969), amended, Holding Co. Act Release the Commission, the substance of which have been 1996) (January 1996 Approval Order) (Pilot No. 16758 (June 22, 1970). incorporated into this notice. extended until December 31, 1996). 3932 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices system,5 looks at all incoming orders TURNAROUND TIMEÐContinued TRADING BETWEEN THE QUOTE routed to a specialist for execution. A record of all action on these orders is Time in seconds Points Percentage of orders Points accumulated in a separate file from which four calculations are run. 46±50 ...... 2 51 and up ...... 10 Section criteria for eligible orders 51 and up ...... 1 46±50 ...... 9 include regular buy and sell market and 41±45 ...... 8 marketable limit orders only. Orders 36±40 ...... 7 The second measure is Holding 31±35 ...... 6 marked buy minus or sell plus are Orders Without Action, which measures 26±30 ...... 5 excluded, as are crosses and all orders the number of market and marketable 21±25 ...... 4 with qualifiers (e.q., market-on-close, limit orders (all sizes included) 6 that 16±20 ...... 3 stop, stop limit, all or none, etc.). The are held without action for greater than 11±15 ...... 2 order entry date must equal the order twenty-five (25) seconds. As in the 0±10 ...... 1 execution date. Turnaround Time calculation, a stop, For each of the measures, including cancellation, execution or partial The fourth measure is Executions in the Specialist Performance Evaluation execution stops the clock. The same Size Greater than BBO, which measures Questionnaire (‘‘SPEQ’’), a ten point exclusions which apply in the the number of market and marketable scale will be applied to a range of Turnaround Time calculation also apply limit orders which exceed the BBO size scores. Based on the raw score for each here.7 Thus, if a specialist receives a and are executed in a size larger than measure, the respective specialist will total of 100 market and marketable limit the BBO size. Thus, if a specialist receive an associated score between one orders and holds ten of them for more receives a total of ten market and and ten points, which will be weighted than twenty-five seconds, his or her raw marketable limit orders which exceed as indicated for each measure. score of 10% would receive nine points the BBO size and executes nine of the The first measure is Turnaround as it falls in the six to ten percent range. orders in sizes larger than the BBO size, Time, which calculates the average This calculation will comprise 5% of his or her raw score would be 90% and number of seconds for all eligible orders the overall evaluation program. would receive eight points as it falls in based on the number of seconds the 86 to 90 percent range. This between the receipt of a guaranteed HOLDING ORDERS WITHOUT ACTION calculation will comprise 35% of the market or marketable limit order in overall evaluation program. BEACON (i.e., for 1299 shares or less) Percentage of orders Points and the execution, partial execution, EXECUTIONS IN SIZE GREATER THAN stopping or cancellation of the order. An 0±5 ...... 10 BBO order that is moved from the auto-ex 6±10 ...... 9 screen to the manual screen will 11±15 ...... 8 Percentage of orders Points 16±20 ...... 7 accumulate time until executed, 21±25 ...... 6 96±100 ...... 10 partially executed, stopped or cancelled. 26±30 ...... 5 This calculation will not be in effect 91±95 ...... 9 31±35 ...... 4 86±90 ...... 8 until the individual stock has opened on 36±40 ...... 3 81±85 ...... 7 the primary market. Certain situations, 41±45 ...... 2 76±80 ...... 6 such as trading halts and periods where 46 and up ...... 1 71±75 ...... 5 the BEACON system is off auto-ex 66±70 ...... 4 floorwide, will result in blocks of time This third measure is Trading 61±65 ...... 3 being excluded from the calculation. A Between the Quote, which measures the 56±50 ...... 2 specialist who averaged a raw score of number of market and marketable limit 55 and below ...... 1 twenty-five (25) seconds will receive orders that are executed between the The fifth measure is the SPEQ.8 The seven points because it falls in the best consolidated bid and offer where minimum acceptable raw score for each twenty-one (21) to twenty-five (25) the spread is greater than 1⁄8th. Thus, if question is 4.5. Thus, if a specialist second range. This calculation will a specialist receives ten market and receives a raw score of 4.5 for each comprise 20% of the overall evaluation marketable limit orders where the question for a weighted raw score (based program. spread between the best consolidated on the weights for each question within bid and offer is greater than 1⁄8th, and the questionnaire) of 50.0052, he or she TURNAROUND TIME such specialist executes five of the would receive four points as it falls in orders between the bid and offer, his or the 50 to 54 weighted score range. The Time in seconds Points her raw score would be 50% and would questionnaire will comprise 5% of the receive nine points as it falls in the 46 1±10 ...... 10 overall evaluation program. 11±15 ...... 9 to 50 percent range. This calculation will comprise 35% of the overall 16±20 ...... 8 QUESTIONNAIRE 21±25 ...... 7 evaluation program. 26±30 ...... 6 Weighted raw score Points 31±35 ...... 5 6 36±40 ...... 4 Unlike Turnaround Time, Holding Orders Without Action is not limited to those orders 41±45 ...... 3 83 and above ...... 10 guaranteed automatic execution through BEACON. 77±82 ...... 9 7 The Holding Orders Without Action calculation 72±76 ...... 8 5 BEACON is the BSE’s automated order-routing will not be in effect until the individual stock has 66±71 ...... 7 and execution system. BEACON provides a opened on the primary market. In addition, certain guarantee of execution for market and marketable situations, such as trading halts and periods where limit orders up to and including 1,299 shares. In the BEACON system is off auto-ex floorwide, will 8 Several changes were made to the SPEQ in view addition, BEACON can be used to transmit orders result in blocks of time being excluded from the of the adoption of the objective measures which not subject to automatic execution. See BSE Rules, Holding Orders Without Action calculation. See have made some questions obsolete. See the January Ch. XXXIII, §§ 2654–55. December 1993 Approval Order. 1996 Approval Order. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3933

QUESTIONNAIREÐContinued deemed to have adequately Persons making written submissions performed: 12 should file six copies thereof with the Weighted raw score Points Overall Evaluation Score—at or above Secretary, Securities and Exchange weighted score of 6.70 Commission, 450 Fifth Street, N.W., 61±65 ...... 6 Turnaround Time—below 21.0 seconds (8 Washington, D.C. 20549. Copies of the 55±60 ...... 5 points) submission, all subsequent Holding Orders Without Action—below 50±54 ...... 4 amendments, all written statements 44±49 ...... 3 21.0% (7 points) 38±43 ...... 2 Trading Between the Quote—at or above with respect to the proposed rule 37 and below ...... 1 31.0% (6 points) change that are filed with the Executions in Size > BBO—at or above 81.0% Commission, and all written Using the examples from each (7 points) communications relating to the measure above, the following weighted Questionnaire—at or above weighted score of proposed rule change between the 50.0 (4 points) point totals would result in an overall Commission and any person, other than program score of 8.0: Due to the subjectiveness of the those that may be withheld from the questionnaire, a specialist who is public in accordance with the provision Weighted deficient on the questionnaire alone will of 5 U.S.C. 552, will be available for Measure Points points be subject to review by Exchange staff inspection and copying at the to determine if there is sufficient reason Commission’s Public Reference Room. Turnaround Time (20%) 7 1.40 to warrant informing the PIAC of Copies of such filing will also be Holding Orders Without potential performance problems. available for inspection and copying at Action (5%) ...... 9 0.45 Trading Between the However, a deficient score on the the principal office of the Exchange. All Quote (35%) ...... 9 3.15 questionnaire may result in a submissions should refer to File No. Executions in Size ≤ performance improvement action when SR–BSE–96–13 and should be BBO (35%) ...... 8 2.80 it lowers the overall program score submitted by February 18, 1997. Questionnaire (5%) ...... 4 0.20 below 6.70. The Exchange requests an extension IV. Commission’s Findings and Order ...... 8.00 of the current pilot program through Granting Accelerated Approval of December 31, 1997. This approximate Proposed Rule Change Any specialist who is deficient 9 in twelve-month period will enable the The Commission believes that any one of the objective measures for Exchange to further evaluate the specialists play a crucial role in any review period will be required to appropriateness of the measures and providing stability, liquidity, and appear before the Performance their respective weights, as well as the continuity to the trading of stocks. Improvement Action Committee effectiveness of the overall evaluation Among the obligations imposed upon (‘‘PIAC’’) to discuss ways of improving program. specialists by the Exchange, and by the performance. If performance does not Act and the rules promulgated improve in the subsequent period, the 2. Statutory Basis thereunder, is the maintenance of fair specialist will appear before the Market Section 6(b)(5) of the Act 13 is the and orderly markets in their designated Performance Committee (‘‘MPC’’) for basis of the proposed rule change in that securities.14 To ensure that specialists appropriate action, as described the SPEP results weigh heavily in stock fulfill these obligations, it is important below.10 allocation decisions and, as a result, that the Exchange conduct effective Any specialist who falls below the specialists are encouraged to improve oversight of their performance. The threshold level for the overall their market quality and administrative BSE’s SPEP is critical to this oversight. evaluation program for any review duties, thereby promoting just and In its 1993 order approving the period will be required to appear before equitable principles of trade and aiding incorporation of objective measures of the MPC, which will take action to in the perfection of a free and open performance,15 the Commission asked address the deficient performance as market and a national market system. the Exchange to monitor the provided for in the Supplemental effectiveness of the amended SPEP. B. Self-Regulatory Organization’s Material to the SPEP.11 A specialist who Specifically, the Commission requested Statement on Burden on Competition is ranked in the bottom 10% of the information about the number of overall evaluation program but who is The Exchange does not believe that specialists who fell below acceptable above the threshold level for the overall the proposed rule change will impose levels of performance for each objective program will be subject to staff review any burden on competition. measure, the questionnaire and the to determine if there is sufficient reason C. Self-Regulatory Organization’s overall program; and about the specific to warrant informing the PIAC of Statement on Comments on the measures in which each such specialist potential performance problems. Proposed Rule Change Received From was deficient. The Commission also The following threshold scores have Members, Participants or Other requested information about the number been set at which a specialist will be of specialists who, as a result of each No written comments were either condition for review, were referred to 9 A specialist is deficient in any measure if he or solicited or received. the PIAC and/or the MPC; and about the she scores below the minimum adequate type of action taken with respect to each performance thresholds set forth below. See infra III. Solicitation of Comments text accompanying note 10. Interested persons are invited to such deficient specialist. In September 10 The SEC notes that, in the event a specialist’s submit written data, views and performance does not improve, the Supplemental 14 Rule 11b–1, 17 CFR 240.11b–1; BSE Rules Ch. Material to the SPEP authorizes the MPC to take the arguments concerning the foregoing. XV, ¶ 2155.01. following actions: suspending the specialist’s 15 For a description of the Commission’s rationale trading account privilege, suspending his or her 12 A specialist who receives a score that is below for approving the incorporation of objective alternate specialist account privilege, or reallocating a minimum adequate performance threshold will be measures of performance into the BSE’s SPEP on a his or her specialty stocks. See BSE Rules, Ch. XV, deemed to be deficient in that measure. See supra pilot basis, see February 1993 Approval Order, ¶ 2156.10–2156.60. note 7. supra note 3. The discussion in the aforementioned 11 See supra note 8. 13 15 U.S.C. 78f(b)(5). order is incorporated by reference into this order. 3934 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

1993, October 1994, December 1995 and conduct a thorough analysis of have difficulty granting permanent January 1997, the BSE submitted to the specialist performance.17 At the same approval to a SPEP that did not include Commission monitoring reports time, the BSE should continue to assess a satisfactory response to the concerns regarding its amended SPEP. The whether each measure, as well as the described above. reports describe the BSE’s experience questionnaire, is assigned an The Commission therefore requests with the pilot program during 1993, appropriate weight.18 In addition, the that the BSE submit a report to the 1994, 1994 and the first two periods of Commission expects the Exchange to Commission, by September 17, 1997, 1996. continue to conduct an on-going describing its experience with the pilot. In its January 1996 Approval Order examination of its minimum adequate At a minimum, this report should extending the pilot program, the performance thresholds, in order to contain data, for the last review period Commission set forth concerns with the ensure that they continue to be set at of 1996 and the first two review periods pilot program. The Commission appropriate levels.19 The Commission of 1997, on (1) the number of specialists reviewed the BSE’s experience with its also continues to believe that relative who fell below acceptable levels of minimum adequate performance performance rankings that subject the performance for each objective thresholds and noted that the acceptable bottom 10% of all specialist units to measure,21 the questionnaire and the levels of performance had not been review by an Exchange committee are overall program, and the specific revised since the beginning of the pilot an important part of an effective measures in which each such specialist and should be reviewed. The evaluation program. The BSE should was deficient; (2) the number of Commission also stated that taking the continue to closely monitor the specialists who, as a result of the SPEP as a whole, most potential conditions for review and should take objective measures, appeared before the performance problems needed to be steps to ensure that all specialists whose PIAC for informal counseling; (3) the brought to the attention of the performance is deficient and/or diverges number of such specialists then referred appropriate committee and that the BSE widely from the best units will be to the MPC and the type of action taken; should examine its SPEP to ensure that subject to meaningful review. In the (4) the number of specialists who, as a adequate corrective actions are taken Commission’s opinion, a meaningful result of the overall program, appeared with respect to each deficient specialist. review process would ensure that before the MPC and the type of action The BSE addressed these concerns and adequate corrective actions are taken taken; (5) the number of specialists who, certain changes to the SPEP were with respect to each deficient as a result of the questionnaire or falling approved by the Commission, as specialist.20 The Commission would in the bottom 10% were referred by the discussed in more detail below. Exchange staff to the PIAC and the type However, the Commission believes that and hoped to file for modification to the program of action taken (this should include the in the near future. See Securities Exchange Act the Exchange should continue to Release No. 37581 (August 19, 1996), 61 FR 43797 number of specialists then referred to monitor these concerns. (August 26, 1996) (August 1996 Release). No new the MPC and the type of action taken by In terms of the overall scope of the objective performance measures have been added at that Committee); and (6) a list of stocks SPEP, the Commission continues to this time. reallocated due to substandard 17 For example, the BSE could develop additional believe that objective measures, together measures of market depth, such as how often the performance and the particular unit with a floor broker questionnaire, specialist’s quote exceeds 500 shares or how often involved. The report also should discuss should generate sufficiently detailed the BSE quote, in size, is larger than the BBO the specific action taken by the BSE to information to enable the Exchange to (excluding quotes for 100 shares). Another possible develop additional objective measures objective criteria could measure quote performance make accurate assessments of specialist (i.e., how often the BSE specialist’s quote, in price, and address the other concerns noted performance. In this regard, the is alone at or tied with the BBO). above. Any requests to modify this pilot, objective criteria have been useful in 18 The Commission had recommended in its to extend its effectiveness or to seek identifying how well specialist carry out January 1996 Approval Order that the BSE consider permanent approval for the SPEP either having only one measure out of the certain aspects (i.e., timeliness of Turnaround Time and Holding Orders Without should be submitted to the Commission execution, price improvement and Action categories or reducing the weights of the by September 17, 1997, as a proposed market depth) of their responsibilities as existing measures, which together accounted for rule change pursuant to Section 19(b) of specialists. In conclusion, although the 30% of the current SPEP, because of the substantial the Act. overlap between those two measures. In response to Commission believes the BSE should this recommendation, the BSE did reduce the For the reasons discussed above, the evaluate means to strengthen its weights of these two measures to 25% of the overall Commission finds that the BSE’s performance oversight program, the program. In addition, the decrease in these two proposal to extend its SPEP pilot pilot has been a positive first step categories, as well as a decrease in the weight of the program until December 31, 1997 is SPEQ to 5%, enabled the Exchange to increase the towards developing a more effective weight of each of the other objective criteria from consistent with the requirements of SPEP. Accordingly, the Commission 25% to 35%. See August 1996 Release. Sections 6 and 11 of the Act and the believes that it is appropriate to extend 19 In response to this recommendation, which was rules and regulations thereunder the pilot program for an approximate also included in the January 1996 Approval Order, applicable to a national securities the BSE revised some of the minimum adequate twelve-month period, expiring performance levels. The revised levels provide a exchange. Specifically, the Commission December 31, 1997. higher benchmark for acceptable specialist finds that the proposed rule change is This period will allow the Exchange performance on the Exchange, which in turn consistent with the Section 6(b)(5) 22 to respond to the Commission’s benefits the execution of public orders on the BSE requirement that the rules of the and further the protection of investors. See August continuing concerns about the SPEP. 1996 Release. First, the Commission expects the BSE 20 In response to these comments, the BSE revised reduced from three out of four consecutive review to continue to evaluate the its review process by tightening the standards for periods to two out of three consecutive review committee review for substandard specialist periods, while MPC review for substandard overall incorporation of additional objective performance was reduced from two out of three 16 performance both in the overall program and in criteria, so that the Exchange can individual measures. The criteria for PIAC review consecutive review periods to any one review for substandard performance in any one objective period. See August 1996 Release. 16 The Commission notes that in a previous rule measure was reduced from two out of three 21 For each objective measure, the Commission change proposal, the Exchange stated it was consecutive review periods to any one review also requests that the BSE provide the mean and currently engaged in an effort to develop other period. The criteria for MPC review of substandard median scores. measures of performance for inclusion in the SPEP performance in any one objective measure was 22 15 U.S.C. 78f(b)(5). Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3935

Exchange be designed to promote just the Securities and Exchange customer limit orders in their quotations and equitable principles of trade, to Commission (‘‘Commission’’ or ‘‘SEC’’) in manner significantly different from remove impediments to and perfect the pursuant to Section 19(b)(1) of the previously. Moreover, under an mechanism of a free and open market Securities Exchange Act of 1934 amendment to the Quote Rule, and a national market system, and, in (‘‘Act’’),1 and Rule 19b–4 thereunder 2 a electronic communications networks general, to protect investors and the proposed rule change to clarify (‘‘ECNs’’) began entering quotations in public interest. members’ obligations regarding the use the Nasdaq Stock Market in a manner Further, the Commission finds that of the SelectNet Service as it will which heretofore was reserved for the proposal is consistent with Section operate under the Commission’s new registered market makers.5 11(b) of the Act 23 and Rule 11b–1 limit order display rule, Rule 11Ac1–4 To facilitate the ECN Display thereunder 24 which allow securities (‘‘Display Rule’’) and amendments to Alternative envisioned by the Order exchanges to promulgate rules relating Rule 11Ac1–(c)(5) (‘‘ECN Amendment’’). Execution Rules, Nasdaq has established to specialists in order to maintain fair The proposed rule change was linkages with four ECNs,6 which and orderly markets and to remove published for comment in Securities provide these ECNs a means to display impediments to and perfect the Exchange Act Release No. 38149 their best market makers’ and mechanism of a national market system. (January 10, 1996), 62 FR 1942 (January specialists’ quotes and certain customer The Commission finds good cause for 14, 1997) (‘‘Notice of Proposed Rule quotes in the Nasdaq system.7 A critical approving the proposed rule change Change’’). This order temporarily portion of Nasdaq’s linkage mechanism prior to the thirtieth day after the date approves the proposed rule change, in involves Nasdaq’s SelectNet Service of publication of notice thereof in the part, on an accelerated basis. (‘‘SelectNet’’). The SelectNet linkage Federal Register. This will permit the allows NASD members that are not II. Description of the Proposal pilot program to continue and allow the subscribers to a particular ECN to access BSE time to consider improvements to The NASD has proposed a new the ECN’s orders that are being its program. In addition, the rule change Conduct Rule to prohibit members from displayed in the Nasdaq quote montage that implemented the pilot program was cancelling or attempting to cancel a via a preferenced order in SelectNet published in the Federal Register for broadcast or preferenced order entered directed to a particular ECN at its the full comment period, and no into SelectNet until a minimum period displayed price.8 comments were received.25 of ten seconds has elapsed, and to Each ECN is required, pursuant to an Accordingly, the Commission believes prohibit the entry of a preferenced order Agreement signed with Nasdaq and that it is consistent with the Act to to electronic communications networks conditions of letters from Commission accelerate approval of the proposed rule that have conditions regarding staff recognizing the ECN as a Display change. responses to the order.3 Alternative, to have an automated system designed to respond to a It is therefore ordered, pursuant to III. Discussion Section 19(b)(2) of the Act 26 that the preferenced order received via SelectNet proposed rule change (File No. SR– In August 1996, the Commission within a few seconds. Consequently, the BSE–96–13) is hereby approved on a adopted a new rule and amendments to ECN has only seconds to accept a an existing rule that went into effect on preferenced order, send the Nasdaq pilot basis until December 31, 1997. 4 For the Commission, by the Division of January 20, 1997. Upon processor an acknowledgement that the Market Regulation, pursuant to delegated commencement of the Order Execution order has been accepted, and notify its authority.27 Rules, over-the-counter (‘‘OTC’’) market customer of the order’s execution. Margaret H. McFarland, makers began representing certain Although an ECN, upon accepting a Deputy Secretary. preferenced order, notifies its customer 1 15 U.S.C. 78s (b)(1). [FR Doc. 97–1818 Filed 1–24–97; 8:45 am] of an execution obtained via SelectNet, 2 17 CFR 240.19b–4. the execution does not actually occur BILLING CODE 8010±01±M 3 Rule 3380 is proposed to read (a) Cancellation when the ECN accepts the order but of a Select Net Order: No member shall cancel or attempt to cancel an order, whether preferenced to rather when the Nasdaq system [Release No. 34±38185; File No. SR±NASD± a specific market maker or electronic processor receives the ECN 97±01] communications network, or broadcast to all acknowledgement that it has accepted available members, until a minimum time period of the order. During the time the Nasdaq Self-Regulatory Organizations; ten seconds has expired after the order to be National Association of Securities cancelled was entered. Such ten second time period shall be measured by the Nasdaq processing system 5 Rule 11Ac1–1(c)(5) requires a market maker to Dealers, Inc.; Order Granting processing the SelectNet order; (b) Prohibition display in its quote any better priced order the Accelerated Partial Temporary Regarding The Entry of Conditional Orders: No market maker places into an electronic Approval of Proposed Rule Change member shall enter an order into SelectNet that is communications network (‘‘ECN Amendment’’). Alternatively, the ECN Amendment provides an Relating to Entry of Certain SelectNet preferenced to an electronic communications network covered by Rule 4623 that has any exception to the market maker’s display obligation Orders conditions regarding responses to the order, e.g., that depends upon the ECN itself displaying into preferenced SelectNet orders sent to an electronic the consolidated system the best-priced orders January 21, 1997. communications networks shall not be all or none, entered therein by a market maker or specialist, and or subject to minimum execution size above a allowing brokers and dealers to access such orders I. Introduction normal unit of trading, or deemed non-negotiable. (‘‘ECN Display Alternative’’). On January 8, 1997, the National 4 See Securities Exchange Act Release No. 6 The four ECNs are B-Trade; Instinet; Island; and Association of Securities Dealers, Inc. 37619A (September 6, 1996), 61 FR 48290 Terra Nova. (September 12, 1996) adopting Rule 11Ac1–4 7 ECNs must provide the best prices and sizes that (‘‘NASD’’ or ‘‘Association’’) filed with (‘‘Limit Order Display Rule’’) and amendments to market makers and specialists have entered in the Rule 11Ac1–1 (‘‘Quote Rule’’) (collectively the ECN to the public quotation system for inclusion in 23 15 U.S.C. 78k(b). ‘‘Order Execution Rules’’). See also Securities the consolidated quotation. See Order Execution 23 17 CFR 240.11b–1. Exchange Act Release Nos. 38110 (January 2, 1997), Rules Adopting Release at 121. 25 See February 1993 Approval Order, supra note 62 FR 1279 (January 9, 1997) (revising the effective 8 See Order Execution Rules Adopting Release at 3. date of the Order Execution Rules to January 13, 121, noting that the ability of nonsubscribers to 1997); and 38139 (January 8, 1997) (revising the access market makers’ and specialists’ orders 26 15 U.S.C. 78s(b)(2). effective of the Order Execution Rules until January entered into an ECN is a fundamental requirement 27 17 CFR 200.30–3(a)(12). 20, 1997). of the ECN Display Alternative. 3936 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices processor is awaiting the ECN’s the orders are preferenced to an ECN.10 For the Commission, by the Division of acknowledgement, Nasdaq could The Commission recognizes that Market Regulation, pursuant to delegated presently receive a cancellation message conditional preferenced orders involve authority.12 from the broker-dealer that sent the difficult programming issues in Margaret H. McFarland, preferenced order to the ECN. This will electronic trading systems. As a result, Deputy Secretary. result in the Nasdaq processor accepting the ECNs have been unable to modify [FR Doc. 97–1868 Filed 1–24–97; 8:45 am] a cancellation message that was first in their systems in preparation for the BILLING CODE 8010±01±M time and rejecting the ECN’s SelectNet linkage to accept conditional acknowledgment message. orders via SelectNet. Nonetheless, Consequently, the ECN would be conditional orders are being routed to TENNESSEE VALLEY AUTHORITY exposed to executions to its counterpart ECNs through the linkage, and these when the SelectNet order is cancelled. orders are subsequently being rejected, Paperwork Reduction Act of 1995, as The Commission believes that it is causing confusion and unnecessary Amended by P.L. 104±13; Proposed important for the operation of the message traffic. The Commission Collection; Comment Request SelectNet linkage with ECNs and the believes that prohibiting members from AGENCY: Tennessee Valley Authority. ECN Display Alternative that ECNs have preferencing conditional orders to ECNs a reasonable opportunity to respond to ACTION: Proposed collection; comment will eliminate impediments to the request. orders preferenced through SelectNet operation of the linkage with ECNs. before the orders are cancelled. Because Accordingly, the Commission is SUMMARY: The proposed information of the structure of the linkage as temporarily approving proposed Rule collection described below will be currently designed, ECNs are potentially 3380(b) until July 1, 1997, to reduce the submitted to the Office of Management exposed to internal customer executions immediate impact of these orders to the and Budget (OMB) for review, as when a cancellation of a SelectNet order linkage and allow the Commission to required by the Paperwork Reduction occurs. The Commission notes that, on better evaluate the impact of the Act of 1995 (44 U.S.C. Chapter 35, as the first day of the Order Execution amended). The Tennessee Valley Rules, there were instances where ECNs proposal before considering the rule change on a permanent basis. Authority is soliciting public comments experienced delays due to the concerning OMB approval of this For the foregoing reasons, the acceptance of SelectNet preferenced proposed collection as provided by 5 Commission finds that the proposed orders that were immediately cancelled. CFR Section 1320.8(d)(1). Requests for rule change is consistent with the Act Moreover, the cancellation of SelectNet additional information should be orders immediately after entry creates and the rules and regulations directed to the Acting Agency Clearance significant additional message traffic thereunder applicable to the NASD, and Officer: Wilma H. McCauley, Tennessee that can potentially slow the linkage. in particular Sections 15A(b)(6), Valley Authority, 1101 Market Street With respect to SelectNet orders not 15A(b)(9), and 15A(b)(11). In addition, (WR 4Q), Chattanooga, Tennessee using the ECN linkage, the Commission the Commission finds that the rule 37402–2801; (423) 751–2523; FAX: also notes that SelectNet orders change is consistent with the (423) 751–3400; E-mail: preferenced to a particular market Congressional objectives for the [email protected]. maker as a practical matter need to be National Market System, set out in DATES: Comments should be sent to the accessible for a minimal length of time Section 11A of the Exchange Act, of Acting Agency Clearance Officer no in order for responses to be generated by achieving more efficient and effective later than March 28, 1997. that market maker. Otherwise, if the market operations, fair competition SUPPLEMENTARY INFORMATION: The order may be in the process of being among brokers and dealers, and the Tennessee Valley Authority is soliciting cancelled, market makers will have less economically efficient execution of comments concerning OMB approval of incentive to attempt to accept SelectNet investor orders in the best market. The orders directed to them. The a three-year generic clearance for Commission further believes that customer surveys designed to determine Commission believes it is important that allowing preferenced orders to be ECNs, as well as market makers, have a customer demographics, preferences, entered into SelectNet and immediately satisfaction, and feedback. reasonable basis to conclude that when cancelled impedes the operation of the they accept a preferenced order it will Order Execution Rules, specifically the I. Background not be cancelled during the ECN Display Alternative. Accordingly, In order to comply with the customer transmission of their response. the Commission finds good cause for consultation requirements of the Therefore, the Commission is approving approving the proposed rule change, in Government Performance and Results the proposal for preferenced SelectNet part, on a temporary basis until July 1, Act of 1993 and to ensure that we are orders on a temporary basis, until July 1997, prior to the thirtieth day after date meeting customer requirements and 1, 1997, to evaluate the effects of the of publication of notice of filing thereof expectations, TVA must conduct proposal on ECNs, market makers, and in the Federal Register. periodic customer surveys to determine order entry firms. In addition to preferenced orders, It is therefore ordered, pursuant to preferences, satisfaction, solicit orders that are sent to ECNs with Section 19(b)(2) of the Act,11 that the feedback and confirm demographics. conditions imposed also create response proposed rule change (NASD–97–01) be II. Current Actions 9 and hereby is approved on a temporary difficulties on the part of ECNs. TVA plans to request OMB approval basis, in part, effective January 21, 1997, Therefore, Nasdaq has proposed to for a generic clearance for an undefined until July 1, 1997. prohibit members from entering number of surveys to be conducted over conditional orders into SelectNet when the next three years. For each study that 10 For example, an all or none order, an order TVA undertakes under this generic 9 The Commission recently approved an NASD subject to a minimum execution size above a Rule change to prohibit the entry of all-or-none normal unit or trading, or an order deemed non- clearance, OMB will be notified, at least orders in the Small Order Execution System. See negotiable. Securities Exchange Act Release No. 38156. 11 15 U.S.C. 78s(b)(2)( 1998). 12 17 CFR 200.30–3(a)(12) (1996). Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3937 two weeks in advance, and provided Agenda 4. Option to allow interruptible power with an information copy of the Approval of minutes of meeting held on consumers to purchase capacity to help questionnaire (if one is used), and all November 20, 1996. avoid suspensions. 5. Public auction sale of 1.65 acres on other materials describing the survey New Business activity. TVA plans to conduct a variety Wheeler Lake in Morgan County, B—Purchase Award Alabama (Tract No. XWR–626). of voluntary customer surveys of our B1. Contracts with Consolidated 6. Sewerline and waterline easements for electricity generation customers and our Freightways and Milan Express Cooper Communities, Inc.; Tellico Area appropriated program customers. These Company, Inc., to provide less-than- Services System; and Monroe County, surveys may include web-site truckload motor freight transportation Tennessee (Tract Nos. XTELR–188S and questionnaires, written surveys, service for all TVA locations. XTTELR–34WL). E—Real Property Transactions 7. Approval of resolutions relating to the telephone surveys, individual face-to- E1. Muscle Shoals/Wilson Dam sale of Tennessee Valley Power Bonds. face interviews, focus group meetings, Reservations Land Use Plan. and/or large group studies. They will be E2. Sale of five noncommercial, For more information: Please call designed to gather information from a nonexclusive permanent easements TVA Public Relations at (412) 632–6000, customer’s perspective as prescribed in affecting 0.6 acre of land on Tellico Lake Knoxville, Tennessee. Information is Executive Order 12862, Setting in Loudon County, Tennessee (Tract No. also available at TVA’s Washington Customer Service Standards, September XTELR–183RE, –186RE, –187RE, –190RE, and –192RE). Office (202) 898–2999. 11, 1993. The results will be used as E3. Amendment to Nickajack Reservoir Dated: January 22, 1997. part of an ongoing process to improve Land Management Plan to modify the Edward S. Christenbury, TVA’s performance. allocated use of public recreation on General Counsel and Secretary. III. Estimate of Burden Little Cedar Mountain in Marion County, Tennessee (Tract No. XNJR–3PT) to [FR Doc. 97–1997 Filed 1–23–97; 11:03 am] The average burden per response is allow commercial recreation and BILLING CODE 8120±08±M estimated to range from 2 minutes for a residential development on 701 acres web-site questionnaire to 3 hours for a and change the allocated use from large group study. TVA estimates 4,000 industrial development to wildlife DEPARTMENT OF TRANSPORTATION annual respondents for a total of 1350 management on a 498-acre portion of Tract No. XNJR–1PT. hours annually for the proposed generic Aviation Proceedings; Agreements E4. Deed modification affecting Filed During the Week Ending 1/17/97 customer survey clearance. approximately 49.8 acres of former TVA IV. Request for Comments land on Guntersville Lake in Marshall The following Agreements were filed County, Alabama (Tract No. XGR–651), with the Department of Transportation Comments are invited on: to allow the Hunstville YMCA to sell the (a) Whether the proposed information acreage for residential development. under the provisions of 49 U.S.C 412 collection is necessary for the proper E5. Modification of a restrictive covenant and 414. Answers may be filed within performance of the functions of the and easement affecting approximately 21 days of date of filing. agency, including whether the 0.57 acre on Chickamauga Lake in Rhea Docket Number: OST–97–2060. information has practical utility; County, Tennessee (Tract No. XCR–186), Date filed: January 13, 1997. (b) The accuracy of TVA’s estimate of to permit the construction of buildings Parties: Members of the International the burden of the collection of the and other structures. Air Transport Association. E6. Abandonment of easement rights Subject: PTC12 Telex Mail vote 847, information; affecting approximately 19.4 acres over (c) Ways to enhance the quality, Canada-Europe fare seasonalities, r–1 certain portions of the Shelbyville- 071q r–2 076jj r–3–078c, Intended utility, and clarity of the information to Unionville 46–kV Transmission Line be collected, and right-of-way in Bedford County, effective date: January 23, 1997. (d) Ways to minimize the burden Tennessee (Tract Nos. SHUR–1, SU–2, Docket Number: OST–97–2078. related to the collection of information –3, –4, –5, –6, –48, –49, –50, and –51). Date filed: January 17, 1997. on respondents, including the use of E7. Public auction sale of Corinth, Parties: Members of the International automated collection techniques or Mississippi, Crew Quarters affecting Air Transport Association. other forms of information technology. approximately 2.5 acres (Tract No. Subject: CTC2 EUR 0003 dated Comments submitted in response to XCLCH–1). December 18, 1996, Mail Vote 846 r1– E8. Sale of a permanent easement to the this notice will be summarized and/or State of Tennessee for a highway 7, Amendments/Correction to Mail included in the request for OMB improvement project affecting Vote, Intended effective date: July 31, approval of the form. They also will approximately 0.41 acre of Great Falls 1997. become a matter of public record. Reservoir Property in Van Buren County, Docket Number: OST–97–2079. William S. Moore, Tennessee (Tract No. XGFR–35H). Date filed: January 17, 1997. Senior Manager, Administrative Services. Information Items Parties: Members of the International 1. Approval to withhold proposals [FR Doc. 97–1910 Filed 1–24–97; 8:45 am] Air Transport Association. submitted in response to a Government Subject: PTC23 ME–TC3 0010 dated BILLING CODE 8120±08±M solicitation unless the proposal sought is the one submitted by the successful November 22, 1996, Middle East–TC3 bidder and the proposal has become part Resos r1–46, (A summary is attached. Sunshine Act; Meeting of the resulting contract. Minutes are contained in PTC23, ME– 2. Sale of permanent easements and TC3 0007 in Docket OST–96–1985), AGENCY HOLDING THE MEETING: Tennessee temporary construction easements to the Intended effective date: April 1, 1997. Valley Authority (Meeting No. 1491). City of Memphis, Tennessee, affecting Docket Number: OST–97–2080. TIME AND DATE: 10 a.m. (EST), January 1.16 acres of Allen Fossil Plant property Date filed: January 17, 1997. 29, 1997. (Tract Nos. XALSP–4E and –5U). 3. Nineteen-Year commercial recreation Parties: Members of the International PLACE: TVA Chattanooga Office lease to South Sauty Creek Resort, Inc. Air Transport Association. Complex Auditorium, 1101 Market affecting approximately 80 acres on Subject: PTC3 0035 dated December Street, Chattanooga, Tennessee. Guntersville Lake in Marshall County, 10, 1997 r1, PTC3 0036 dated December STATUS: Open. Alabama (Tract No. XTGR–163L). 10, 1997 r2–6, PTC3 0037 dated 3938 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

December 10, 1997 r7, PTC3 0038 dated Description: Application of LTU Airport under Section 158.23 of Part December 10, 1997 r8, PTC3 0039 dated Lufttransport Unternehmen SUD GmbH. 158. December 10, 1997 r9–11, PTC3 0040 & Co. Fluggesellschaft, pursuant to 49 FOR FURTHER INFORMATION CONTACT: dated December 10, 1997 r12–13, PTC3 U.S.C. Section 41304 and Subpart Q of Mr. Ben Guttery, Federal Aviation 0041 dated December 10, 1997 r14–16, the Regulations, applies for an Administration, Southwest Region, PTC3 0043 dated December 10, 1997 Amendment to its Foreign Air Carrier Airports Division, Planning and r–17 (Summary attached.) Intended Permit to authorize it to perform charter Programming Branch, ASW–601D, Forth effective date: February 1/March 1, air transportation (1) between any point Worth, Texas 76193–0610, (817) 222– 1997. or points in Germany and any point or 5614. Myrna F. Adams, points in the United States and (2) The application may be reviewed in Acting Chief, Documentary Services. between any point or points in the person at this same location. United States and any point or points in [FR Doc. 97–1883 Filed 1–24–97; 8:45 am] SUPPLEMENTARY INFORMATION: The FAA third countries, in accordance with the BILLING CODE 4910±62±P proposes to rule and invites public 1955 Agreement as amended by the comment on the application to impose 1996 Protocol, and to provide such and use the revenue from a PFC at Will Notice of Applications for Certificates other and further relief as the Rogers World Airport under the of Public Convenience and Necessity Department may deem proper. provisions of the Aviation Safety and and Foreign Air Carrier Permits Filed Myrna F. Adams, Capacity Expansion Act of 1990 (Title Under Subpart Q During the Week Acting Chief Documentary Services. IX of the Omnibus Budget Ending January 17, 1997 [FR Doc. 97–1884 Filed 1–24–97; 8:45 am] Reconciliation Act of 1990) (Public Law BILLING CODE 4910±62±P 101–508) and Part 158 of the Federal The following Applications for Aviation Regulations (14 CFR Part 158). Certificates of Public Convenience and On January 7, 1997, the FAA Necessity and Foreign Air Carrier Federal Aviation Administration Permits were filed under Subpart Q of determined that the application to the Department of Transportation’s Notice of Intent To Rule on Application impose and use the revenue from a PFC Procedural Regulations (See 14 CFR To Impose and Use the Revenue From submitted by the Airport was 302.1701 et. seq.). The due date for a Passenger Facility Charge (PFC) at substantially complete within the Answers, Conforming Applications, or Will Rogers World Airport, Oklahoma requirements of Section 158.25 of Part Motions to modify Scope are set forth City, Oklahoma 158. The FAA will approve or below for each application. Following disapprove the application, in whole or AGENCY: Federal Aviation the Answer period DOT may process the in part, no later than May 2, 1997. Administration (FAA), DOT. application by expedited procedures. The following is a brief overview of Such procedures may consist of the ACTION: Notice of intent to rule on the application. adoption of a show-cause order, a application. Level of the proposed PFC: $3.00. Proposed charge effective date: June tentative order, or in appropriate cases SUMMARY: The FAA proposes to rule and a final order without further 1, 1997. invites public comment on the Proposed charge expiration date: July proceedings. application to impose and use the Docket Number: OST–97–2063. 2, 1999. revenue from a PFC at Will Rogers Total estimated PFC revenue: Date filed: January 13, 1997. World Airport under the provisions of Due Date for Answers, Conforming $11,139,463.00. the Aviation Safety and Capacity PFC application number: 97–01–C– Applications, or Motion to Modify Expansion Act of 1990 (Title IX of the Scope: February 10, 1997. 00–OKC. Omnibus Budget Reconciliation Act of Brief description of proposed projects: Description: Application of LTU 1990) (Public Law 101–508) and Part Lufttransport-Unternehmen GmbH. & 158 of the Federal Aviation Regulations Projects To Impose and Use PFC’s Co. KG., pursuant to 49 U.S.C. Section (14 CFR Part 158). 1. Terminal improvements; 41304 and Subpart Q of the Regulations, DATES: Comments must be received on 2. Concourse Security Doors; request an Amendment of its Foreign or before February 26, 1997. 3. Security Access System Upgrade; Air Carrier Permit, to authorize it to ADDRESSES: Comments on this 4. Terminal Apron Joint perform scheduled air transportation application may be mailed or delivered Rehabilitation and Runway 13/31 from points behind Germany via in triplicate copies to the FAA at the Pavements Sealing Germany and intermediate points to a following address: Mr. Ben Guttery, 5. Taxiway C Extension; point or points in the United States and Federal Aviation Administration, 6. By-Pass Taxiways, Runway 17L and beyond and charter air transportation (1) Southwest Region, Airports Division, Runway 17R; between any point or points in Germany Planning and Programming Branch, 7. Surface Monitoring Sensor and any point or points in the United ASW–610D, Fort Worth, Texas 76193– Upgrade; States and (2) between any point or 0610. 8. Airport Lighting Control System; points in the United States and any In addition, one copy of any 9. Runway 35R Touchdown Zone point or points in third countries, in comments submitted to the FAA must Lights; accordance with the 1955 Agreement as be mailed or delivered to Mr. Luther 10. ARFF Vehicles; amended by the 1996 Protocol, and to Trent, Director of Will Rogers World 11. Storm Water Detention; provide such other and further relief as Airport, at the following address: Luther 12. Runway 13/31 Extension (Phase the Department may deem proper. E. Trent, Jr., Director of Airports, City of 1); Docket Number: OST–97–2066. Oklahoma City, 7100 Terminal Drive, 13. Air Cargo Road Reconstruction; Date filed: January 13, 1997. Box 937, Oklahoma City, OK 73159. 14. Taxiway B Reconstruction and Due Date for Answers, Conforming Air carriers and foreign air carriers Rehabilitation; Applications, or Motion to Modify may submit copies of the written 15. Security Fencing; Scope: February 10, 1997. comments previously provided to the 16. Noise Study Update; and Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3939

17. Surface Movement Guidance the public, 19 preliminary build grade separations at FM roads and other System. alternatives on new and existing major intersecting routes. Proposed class or classes of air locations were analyzed in addition to Major considerations in the proposal’s carriers to be exempted from collecting existing U.S. 190 and alternative ongoing studies include costs of rights- PFC’s: Air Taxi Commercial Operators. transportation mode improvements. The of-way, the numbers and types of Any person may inspect the preliminary build alternatives included application in person at the FAA office relocations necessary, engineering three alignments located north of U.S. constraints and limitations due to rough listed above under FOR FURTHER 190 and 16 alignments south of U.S. topography, and potential INFORMATION CONTACT and at the FAA 190. These alternatives were analyzed in environmental impacts involving land regional Airports office located at: two phases—(1) Fatal Flaw and (2) use, socioeconomic conditions, air Federal Aviation Administration, Qualitative Comparison/Ranking—using quality, noise, traffic, ecological/cultural Southwest Region, Airports Division, three basic criteria: engineering resources, and hazardous material sites. Planning and Programming Branch, considerations, mobility considerations, ASW–610D, 2601 Meacham Blvd., Fort and environmental considerations. A coordination environmental Worth, Texas 76137–4298. From the 19 preliminary alternatives, assessment was prepared and has been In addition, any person may, upon three primary build alternatives south of circulated to appropriate Federal, State, request, inspect the application, notice U.S. 190 emerged as the best potential and local agencies and to private and other documents germane to the alternative alignments. In the MIS/EIS organizations and citizens who have application in person at Will Rogers document, the three primary build expressed interest in the proposal. World Airport. alternatives and the no-build alternative Public meetings have been held on March 7, 1996, and July 18, 1996, and Issued in Fort Worth, Texas on January 7, will be analyzed in a more rigorous, 1997. quantitative fashion. The locations of one more is scheduled. One public Naomi L. Saunders, the primary build alternative are hearing will be held after the draft MIS/ EIS has been completed and made Manager, Airports Division. described below. available to the agencies and public. [FR Doc. 97–1919 Filed 1–24–97; 8:45 am] The primary reliever route alternatives to be considered in the MIS/ Other public involvement opportunities BILLING CODE 4910±13±M EIS lay within an eight kilometer (5 include a MIS Policy Work Group mile) long corridor located to the south composed of local officials and key Federal Highway Administration of existing U.S. 190. The corridor’s citizens; a hot line (1-800-742-1060) eastern terminus is located east of which will be maintained for 19 months Major Investment Study/Environmental Copperas Cove in Coryell County and to receive public input; a MIS Impact Statement: Coryell & Lampasas west of Rattlesnake Hill; the corridor newsletter sent six times on a quarterly Counties, Texas then proceeds southwest over basis to update the public on MIS/EIS Sevenmile Mountain and terminates at progress and the dates, times, and AGENCY: Federal Highway U.S. 190 just west of Copperas Cove in locations of public meetings and Administration (FHWA), DOT. Lampasas County and immediately west hearings; and six news releases to be ACTION: Notice of intent. of the U.S. 190/F.M. 2657 intersection. prepared at appropriate times during the The principal variations of the three MIS/EIS process to inform the public SUMMARY: The FHWA is issuing this alignments within the corridor are in notice to advise the public that a Major about MIS/EIS status and relevant dates, the segment between Sevenmile Investment Study/Environmental time, and locations of public meetings Mountain and the proposed western Impact Statement (MIS/EIS) will be and hearings. In addition, at appropriate terminus near F.M. 2657. Heading west, prepared for a proposed highway project times over the course of the MIS/EIS the northernmost alternative comes off in the City of Copperas Cove and process, presentations will be made to of Sevenmile Mountain, passes just Coryell and Lampasas Counties, Texas. the Copperas Cove City Council, Coryell north of the ‘‘saddle’’ extension of the and Lampasas Commissioners Courts, FOR FURTHER INFORMATION CONTACT: mountain, and crosses the South Fort Hood’s Directorate of Public Works, Mr. Lubin Quinones, P.E., 826 Federal Industrial Park. The middle alternative the Killeen-Temple Urban Office Building, 300 E. 8th Street, comes off of Sevenmile Mountain, Transportation Study Board of Directors Austin, Texas 78701 and Mr. Doug bisects the ‘‘saddle’’ and crosses the and the Central Texas Council of Huneycutt, P.E., Project Manager, Texas South Industrial Park. The Governments, which serves as the Department of Transportation, 100 southernmost alternative comes off region’s Metropolitan Planning South Lop Drive, Waco, Texas 76705. Sevenmile Mountain, and passes Organization. SUPPLEMENTARY INFORMATION: The immediately south of both the ‘‘saddle’’ To ensure that the full range of issues FHWA, in cooperation with the Texas and South Industrial Park. Department of Transportation (TxDOT), At the present stage of the MIS/EIS related to this proposed action are will prepare a draft MIS/EIS pursuant to process, no preferred alternative has addressed and all significant issues a proposed roadway project intended to been selected. Over the course of identified, comments and suggestions relieve traffic congestion on U.S. 190 conducting previous studies in the city are invited from all interested parties. within the City of Copperas Cove and and region, the City of Copperas Cove Comments or questions concerning this adjacent portions of Coryell and and TxDOT have given considerable proposed action and the MIS/EIS should Lampasas Counties. Improvements attention to the concept of a reliever be directed to the FHWA or TxDOT at initially considered included upgrading roadway around the city to allow the address provided above. the existing facility, constructing a through traffic to bypass the frequently (Catalog of Federal and Domestic Assistance reliever route on new or existing congested commercial district on U.S. program Number 20.205, Highway Research, locations, and/or improving alternative 190. TxDOT has performed preliminary Planning and Construction. The regulations transportation modes in the community. investigations of a new location, four implementing Executive Order 12372 Through input derived from previous lane divided freeway with full control of regarding intergovernmental consultation on studies, TxDOT, the consulting study access. The facility would have ramps Federal programs and activities apply to this team, the MIS Policy Work Group, and and frontage roads where warranted and program) 3940 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

Issued on: January 2, 1997. certified under 49 U.S.C. 30115, and of Retention Components, 207 Seating C.D. Reagan, the same model year as the model of the Systems, 210 Seat Belt Assembly Division Administrator, Austin, Texas. motor vehicle to be compared, and is Anchorages, 212 Windshield [FR Doc. 97–1914 Filed 1–24–97; 8:45 am] capable of being readily altered to Retention, 214 Side Impact Protection, BILLING CODE 4910±22±M conform to all applicable Federal motor 216 Roof Crush Resistance, 219 vehicle safety standards. Windshield Zone Intrusion, 301 Fuel Petitions for eligibility decisions may System Integrity, and 302 National Highway Traffic Safety be submitted by either manufacturers or Flammability of Interior Materials. Administration importers who have registered with Petitioner also contends that non-U.S. NHTSA pursuant to 49 CFR part 592. As certified 1987 and 1988 Toyota Vans are [Docket No. 97±03; Notice 1] specified in 49 CFR 593.7, NHTSA capable of being readily altered to meet publishes notice in the Federal Register Notice of Receipt of Petition for the following standards, in the manner of each petition that it receives, and Decision That Nonconforming 1987 indicated: affords interested persons an Standard No. 101 Controls and and 1988 Toyota Van Multipurpose opportunity to comment on the petition. Displays: (a) Substitution of a lens Passenger Vehicles Are Eligible for At the close of the comment period, marked ‘‘Brake’’ for a lens with an ECE Importation NHTSA decides, on the basis of the symbol on the brake failure indicator AGENCY: National Highway Traffic petition and any comments that it has lamp; (b) replacement of the Safety Administration, DOT. received, whether the vehicle is eligible speedometer/odometer with one ACTION: Notice of receipt of petition for for importation. The agency then calibrated in miles per hour. decision that nonconforming 1987 and publishes this decision in the Federal Standard No. 108 Lamps, Reflective 1988 Toyota Van multipurpose Register. Devices and Associated Equipment: (a) passenger vehicles (MPVs) are eligible J.K. Motors of Kingsville, Maryland Installation of U.S.-model headlamps for importation. (‘‘J.K.’’) (Registered Importer 90–006) and front sidemarker lights; (b) has petitioned NHTSA to decide installation of U.S.-model taillamp SUMMARY: This notice announces receipt whether 1987 and 1988 Toyota Vans are assemblies which incorporate rear by the National Highway Traffic Safety eligible for importation into the United sidemarker lights; (c) installation of a Administration (NHTSA) of a petition States. The vehicles which J.K. believes high mounted stop lamp assembly. for a decision that 1987 and 1988 are substantially similar are the 1987 Standard No. 111 Rearview Mirror: Toyota Van MPVs that were not and 1988 Toyota Vans that were Replacement of the passenger side originally manufactured to comply with manufactured for importation into, and rearview mirror with a U.S.-model all applicable Federal motor vehicle sale in, the United States and certified component. safety standards are eligible for by their manufacturer, Toyota Motor Standard No. 114 Theft Protection: importation into the United States Corporation, as conforming to all Installation of a warning buzzer because (1) they are substantially applicable Federal motor vehicle safety microswitch and a warning buzzer in similar to vehicles that were originally standards. the steering lock assembly. manufactured for importation into and The petitioner claims that it carefully Standard No. 118 Power Window sale in the United States and that were compared non-U.S. certified 1987 and Systems: Installation of a relay in the certified by their manufacturer as 1988 Toyota Vans to their U.S. certified power window system so that the complying with the safety standards, counterpart, and found the vehicles to window transport is inoperative when and (2) they are capable of being readily be substantially similar with respect to the ignition is switched off. altered to conform to the standards. compliance with most Federal motor Standard No. 120 Tire Selection and DATES: The closing date for comments vehicle safety standards. Rims: Installation of a tire information J.K. submitted information with its on the petition is February 26, 1997. placard. petition intended to demonstrate that Standard No. 208 Occupant Crash ADDRESSES: Comments should refer to non-U.S. certified 1987 and 1988 Toyota Protection: Installation of a seat belt the docket number and notice number, Vans, as originally manufactured, warning buzzer, wired to the seat belt and be submitted to: Docket Section, conform to many Federal motor vehicle latch. The petitioner states that the Room 5109, National Highway Traffic safety standards in the same manner as vehicles are equipped with lap and Safety Administration, 400 Seventh St., their U.S. certified counterparts, or are shoulder belts in the front and rear SW, Washington, DC 20590. [Docket capable of being readily altered to outboard seating positions, and with a hours are from 9:30 am to 4 pm] conform to those standards. lap belt in the rear center seating FOR FURTHER INFORMATION CONTACT: Specifically, the petitioner claims that position. George Entwistle, Office of Vehicle non-U.S. certified 1987 and 1988 Toyota The petitioner also states that a VIN Safety Compliance, NHTSA (202–366– Vans are identical to their U.S. certified plate must be installed on the vehicles 5306). counterparts with respect to compliance so that it can be read from outside the SUPPLEMENTARY INFORMATION: with Standard Nos. 102 Transmission left windshield pillar, and a VIN Shift Lever Sequence * * *, 103 reference label must be installed on the Background Defrosting and Defogging Systems, 104 edge of the door or latch post nearest the Under 49 U.S.C. 30141(a)(1)(A), a Windshield Wiping and Washing driver to meet the requirements of 49 motor vehicle that was not originally Systems, 105 Hydraulic Brake CFR part 565. manufactured to conform to all Systems, 106 Brake Hoses, 113 Hood Interested persons are invited to applicable Federal motor vehicle safety Latch Systems, 116 Brake Fluid, 119 submit comments on the petition standards shall be refused admission New Pneumatic Tires, 124 Accelerator described above. Comments should refer into the United States unless NHTSA Control Systems, 201 Occupant to the docket number and be submitted has decided that the motor vehicle is Protection in Interior Impact, 202 to: Docket Section, National Highway substantially similar to a motor vehicle Head Restraints, 204 Steering Control Traffic Safety Administration, Room originally manufactured for importation Rearward Displacement, 205 Glazing 5109, 400 Seventh Street, SW., into and sale in the United States, Materials, 206 Door Locks and Door Washington, DC 20590. It is requested Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3941 but not required that 10 copies be revocation under 49 U.S.C. 10502(d) DEPARTMENT OF THE TREASURY submitted. must be filed. All comments received before the Provided no formal expression of Customs Service close of business on the closing date intent to file an offer of financial indicated above will be considered, and assistance (OFA) has been received, this Non-ABI Processing of Refunds Under will be available for examination in the exemption will be effective on February the Generalized System of Preferences docket at the above address both before 26, 1997, unless stayed pending AGENCY: Customs Service, Treasury. reconsideration. Petitions to stay that do and after that date. To the extent ACTION: General notice. possible, comments filed after the not involve environmental issues, 1 closing date will also be considered. formal expressions of intent to file an SUMMARY: This document gives notice Notice of final action on the petition OFA under 49 CFR 1152.27(c)(2), and that Customs has completed the will be published in the Federal trail use/rail banking requests under 49 Automated Broker Interface (ABI) Register pursuant to the authority CFR 1152.29 2 must be filed by February processing of certain retroactively- indicated below. 6, 1997. Petitions to reopen or requests eligible Generalized System of for public use conditions under 49 CFR Authority: 49 U.S.C. 30141(a)(1)(A) and Preferences (GSP) duty refund claims— (b)(1); 49 CFR 593.8; delegations of authority 1152.28 must be filed by February 18, for the period July 31, 1995, through at 49 CFR 1.50 and 501.8. 1997, with: Office of the Secretary, Case September 30, 1996—and advises those Issued on: January 21, 1997. Control Branch, Surface Transportation ABI filers that did not receive a duty Board, 1201 Constitution Avenue, N.W., Marilynne Jacobs, refund to contact in writing the port Washington, DC 20423. director of the port where the GSP- Director, Office of Vehicle Safety Compliance. A copy of any petition filed with the eligible goods were entered or [FR Doc. 97–1839 Filed 1–24–97; 8:45 am] Board should be sent to applicant’s withdrawn. BILLING CODE 4910±59±P representative: James R. Paschall, EFFECTIVE DATE: January 27, 1997. General Attorney, Norfolk Southern FOR FURTHER INFORMATION CONTACT: Corporation, Three Commercial Place, For Surface Transportation Board Norfolk, VA 23510. general operational aspects: John Pierce, Office of Trade Agreements, (202–927– [STB Docket No. AB±290 (Sub-No. 188X)] If the verified notice contains false or misleading information, the exemption 1249). For information on specific refunds: Norfolk and Western Railway is void ab initio. The Customs port office where the Company; Abandonment Exemption; NW has filed an environmental report subject merchandise was entered or Between Edgefield and Escambia which addresses the abandonment’s withdrawn. Junction, SC effects, if any, on the environment and historic resources. The Section of SUPPLEMENTARY INFORMATION: Norfolk and Western Railway Environmental Analysis (SEA) will Company (NW) has filed a notice of issue an environmental assessment (EA) Background exemption under 49 CFR Part 1152 by January 31, 1997. Interested persons The Generalized System of Subpart F—Exempt Abandonments to may obtain a copy of the EA by writing Preferences (GSP) is a renewable, abandon its 1.5-mile line of railroad to SEA (Room 3219, Surface preferential trade program that allows between milepost AB–0.0 at Edgefield Transportation Board, Washington, DC the products of many developing and milepost AB–1.5 at Escambia 20423) or by calling Elaine Kaiser, Chief countries to enter the United States free Junction, SC. of SEA, at (202) 927–6248. Comments of duty. On July 31, 1995, continued NW has certified that: (1) No local on environmental and historic authority for the GSP program lapsed, traffic has moved over the line for at preservation matters must be filed and it was not until August 20, 1996, least 2 years; (2) there is no overhead within 15 days after the EA becomes that the entry of eligible merchandise traffic on the line; (3) no formal available to the public. under provisions of the GSP was again complaint filed by a user of rail service Environmental, historic preservation, authorized until May 31, 1997, pursuant on the line (or by a state or local public use, or trail use/rail banking to provisions contained in the GSP government entity acting on behalf of conditions will be imposed, where Renewal Act of 1996 (the 1996 Act, such user) regarding cessation of service appropriate, in a subsequent decision. Pub.L. 104–188, 110 Stat. 1755, at 110 over the line either is pending with the Decided: January 21, 1997. Stat. 1917). The 1996 Act contained Surface Transportation Board (Board) or By the Board, David M. Konschnik, certain retroactive applications for the with any U.S. District Court or has been Director, Office of Proceedings. processing of articles entered after July decided in favor of complainant within Vernon A. Williams, 31, 1995, and before October 1, 1996; the 2-year period; and (4) the Secretary. such entries were to be liquidated or requirements at 49 CFR 1105.7 [FR Doc. 97–1871 Filed 1–24–97; 8:45 am] reliquidated and the deposit of (environmental reports), 49 CFR 1105.8 estimated duties refunded with interest, BILLING CODE 4915±00±P (historic reports), 49 CFR 1105.11 provided that a request for liquidation (transmittal letter), 49 CFR 1105.12 or reliquidation was filed with Customs 1 The Board will grant a stay if an informed (newspaper publication), and 49 CFR decision on environmental issues (whether raised by February 16, 1997, i.e., within 180 1152.50(d)(1) (notice to governmental by a party or by the Board’s Section of days after the date of the 1996 Act’s agencies) have been met. Environmental Analysis in its independent enactment, that contained sufficient As a condition to this exemption, any investigation) cannot be made before the information to enable Customs to locate exemption’s effective date. See Exemption of Out- employee adversely affected by the of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any the entry or to reconstruct the entry if abandonment shall be protected under request for a stay should be filed as soon as possible it cannot be located. See, Federal Oregon Short Line R. Co.— so that the Board may take appropriate action before Register notice of Friday, September 20, Abandonment—Goshen, 360 I.C.C. 91 the exemption’s effective date. 1996 (61 FR 49528). 2 The Board will accept late-filed trail use (1979). To address whether this requests as long as the abandonment has not been In anticipation of the 1995 lapse of condition adequately protects affected consummated and the abandoning railroad is authority for continued GSP processing employees, a petition for partial willing to negotiate an agreement. of eligible merchandise, Customs 3942 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices published a general notice in the (2) The entry numbers and line items areas involving research and Federal Register on Wednesday, July 5, for which refunds need to be issued; development, veterans benefits and/or 1995 (60 FR 35103), which advised that and training aspects for patients and staff. estimated duties would have to be (3) The amount to be refunded for All portions of the meeting will be deposited on imported merchandise each line item and the total amount open to the public except from 4 p.m. which was entered, or withdrawn from owed for all entries. until 5 p.m. on February 3 and from 11 warehouse, for consumption after July This procedure should also be used a.m. to 12 noon on February 4, 1997. 31, 1995. Since it was expected that the by anyone who did not request an During these executive sessions, GSP would be renewed with retroactive automatic refund in accordance with the discussions and recommendations will effect, Customs developed a mechanism GSP program procedure published in deal with medical records of specific to facilitate refunds: it was explained the Federal Register on July 5, 1995. All patients and individually identifiable that filers who file entry summaries requests must be filed on or before patient medical histories. The through the Automated Broker Interface February 16, 1997. disclosure of this information would (ABI) could automatically request a Approved: January 22, 1997. constitute a clearly unwarranted refund of the duty deposited by using Audrey Adams, invasion of personal privacy. Closure of the Special Program Indicator (SPI) for Acting Assistant Commissioner, Office of this portion of the meeting is in the GSP (the letter ‘‘A’’) on the entry Field Operations. accordance with subsection 10(d) of summary documentation. Such ABI [FR Doc. 97–1893 Filed 1–24–97; 8:45 am] Pub. L. 92–463, as amended by Pub. L. filers were advised that if they followed 94–409, and as cited in 5 U.S.C. BILLING CODE 4820±02±P these procedures, they would not have 552b(c)(6). to request a refund in writing if the GSP The agenda for February 3 will begin were to be renewed with retroactive with an update on recent events, DEPARTMENT OF VETERANS effect. followed by responses from Committee AFFAIRS Entries subject to the above procedure members. The first day’s agenda will were liquidated with refunds plus Persian Gulf Expert Scientific also cover reports on activities of the interest on October 4th, 18th, and 25th Committee; Meeting Persian Gulf Registry Program, a report and November 1st of 1996 and checks on the Presidential Advisory Committee were issued. Lists of those entries that The Department of Veterans Affairs Report, Stress Issues Among Persian were filed in accordance with the (VA), in accordance with Pub. L. 92– Gulf veterans and Toxicological published procedures, but which were 463, gives notice that a meeting of the Considerations in the Persian Gulf. not processed on one of the dates VA Persian Gulf Expert Scientific On February 4 the Committee will indicted above, were sent to each port Committee will be held on: hear reports on the Persian Gulf Study for issuance of refunds. Monday, February 3, 1997, at 8:30 a.m.– in Iowa as well as the report of a study 5 p.m. Outstanding Claims on Exposures and Symptomatology Tuesday, February 4, 1997, at 8:30 a.m.– Among Select Persian Gulf Veterans. Filers who followed the published noon Additional information concerning ABI procedures should have received The location of the meeting will be these meetings may be obtained from their refunds. Such persons who have 810 Vermont Avenue, NW., the Executive Secretary, Office of Public not yet received their refunds should Washington, DC, Room 230. Health & Environmental Hazards, 810 write a letter to the port director of the The Committee’s objectives are to Vermont Avenue, NW., Washington, DC port where the goods were entered or advise the Under Secretary for Health 20420. withdrawn. The letter may cover either about medical findings affecting Persian Dated: January 16, 1997. single entry summaries or all entry Gulf era veterans. summaries filed by an individual filer at At this meeting the Committee will By direction of the Secretary. a single port and should include the review all aspects of patient care and Heyward Bannister, following information: medical diagnoses and will provide Committee Management Officer. (1) A request for a refund as provided professional consultation as needed. [FR Doc. 97–1817 Filed 1–24–97; 8:45 am] for in the 1996 Act; The Committee may advise on other BILLING CODE 8320±01±M 3943

Corrections Federal Register Vol. 62, No. 17

Monday, January 27, 1997

This section of the FEDERAL REGISTER January 10, 1997, make the following 9. On page 1634, in the first column, contains editorial corrections of previously corrections: in the second paragraph, in the fifth published Presidential, Rule, Proposed Rule, 1. On page 1622, in the first column, line, ‘‘SNPM’’ should read ‘‘SNPRM’’. and Notice documents. These corrections are in the last line, ‘‘in’’ should read ‘‘of’’. 10. On the same page, in the second prepared by the Office of the Federal 2. On the same page, in the third Register. Agency prepared corrections are column, in the sixth line, ‘‘SNPM’’ column, the heading, ‘‘I. Applicability’’ should read ‘‘SNPRM’’. issued as signed documents and appear in should read ‘‘1. Applicability’’. the appropriate document categories 3. On page 1623, in the first column, 11. On the same page, in the same elsewhere in the issue. in the second full paragraph, in the column, in the first paragraph, in the eighth line, ‘‘on’’ should read ‘‘of’’. third line from the end, ‘‘comments’’ 4. On the same page, in second should read ‘‘comment’s’’. DEPARTMENT OF TRANSPORTATION column, in the first full paragraph, in 12. On the same page, in the third the second line from the bottom, column, in the first full paragraph, in Coast Guard ‘‘currently’’ should read ‘‘current’’. the second line from the end, 5. On page 1626, in the first column, ‘‘weighted’’ should read ‘‘weighed’’. 33 CFR Part 157 in the first full paragraph, in the eighth 13. On the same page, in the same line, remove ‘‘Another between the column, in the last paragraph, in the [CGD 91-045c] vessel’s side and bottom as an option.’’ fourth line from the bottom, ‘‘it’’ should 6. On page 1627, in the first column, read ‘‘is’’. RIN 2115-AF27 in the first full paragraph, in the fifth 14. On page 1636, in the first column, line, ‘‘required’’ should read ‘‘requires’’. in the first paragraph, in the fifteenth Structural Measures to Reduce Oil Spills 7. On the same page, in the same line from the end, the first ‘‘the’’ should From Existing Tank Vessels Without column, in the third paragraph, in the read ‘‘that’’. Double Hulls second line, ‘‘benefits’’ should read ‘‘benefit’’. 15. On the same page, in the third Correction 8. On page 1632, in the second column, in the words of issuance, In rule document 97–471 beginning column, in the last line, ‘‘requirements’’ ‘‘reason’’ should read ‘‘reasons’’. on page 1622 in the issue of Friday, should read ‘‘requirement’’. BILLING CODE 1505±01±D federal register January 27,1997 Monday Infrastructure AssistanceProgram;Notice Telecommunications andInformation Information Administration National Telecommunicationsand Commerce Department of Part II 3945 3946 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

DEPARTMENT OF COMMERCE To accomplish this objective, TIIAP utilized and documented as having been will provide matching grants to state, expended. NTIA will supply up to 50% National Telecommunications and local, and tribal governments, non-profit of the total project cost, unless the Information Administration health care providers and public health applicant can document extraordinary [Docket Number: 970103002±7002±01] institutions, school districts, libraries, circumstances warranting a grant of up museums, colleges, universities, public to 75%. Federal funds (such as grants) RIN 0660-ZA02 safety providers, non-profit community- generally may not be used as matching based organizations, and other non- funds, except as provided by federal CFDA: 11.552; Telecommunications profit entities. TIIAP will support statute. For information about whether and Information Infrastructure projects that improve the quality of, and particular federal funds may be used as Assistance Program the public’s access to, education and matching funds, the applicant should AGENCY: National Telecommunications lifelong learning; reduce the cost, contact the federal agency that and Information Administration, improve the quality, and/or increase the administers the funds in question. Commerce. accessibility of health care and public Policy on Sectarian Activities ACTION: Notice of availability of grant health services; promote responsive funds. public safety services; improve the Applicants are advised that on effectiveness and efficiency of December 22, 1995, NTIA issued a SUMMARY: The National government services; and foster notice in the Federal Register on its Telecommunications and Information communication, resource-sharing, and policy with regard to sectarian Administration (NTIA) issues this economic development within activities. Under NTIA’s prior policy, Notice describing the conditions under communities, both rural and urban. NTIA funds could not be used for any which applications will be received Authority sectarian purposes. Under the new under the Telecommunications and policy, while religious activities cannot Information Infrastructure Assistance Title III of the Department of be the essential thrust of a grant, an Program (TIIAP) and how NTIA will Commerce, Justice and State, the application will not be ineligible where determine which applications it will Judiciary and Related Agencies sectarian activities are only incidental fund. TIIAP assists eligible Appropriations Act (set out in Division or attenuated to the overall project organizations by promoting the A, Title I of the Omnibus Consolidated purpose for which funding is requested. widespread use of advanced Appropriations Act of 1997, Pub. L. Applicants for whom this policy may be telecommunications and information 104–208). relevant should read the policy that was technologies in the public and non- Funding Availability published at 60 FR 66491, Dec. 22, profit sectors. By providing matching Approximately $18.5 million is 1995. grants for information infrastructure available for federal assistance. A small projects, this program will help develop amount of additional funds that have Completeness of Application a nationwide, interactive, multimedia been deobligated from grants awarded TIIAP will initially review all information infrastructure that is in previous fiscal years may also be proposals to determine whether all accessible to all citizens, in rural as well available for Fiscal Year 1997 grants. required elements are present and as urban areas. Based on past experience, NTIA expects clearly identifiable. The required DATES: Complete applications for the this year’s grant round to be highly elements are listed and described in the Fiscal Year 1997 TIIAP grant program competitive. In fiscal year 1996, NTIA Guidelines for Preparing Applications— must be mailed or hand-carried to the received 809 applications, collectively Fiscal Year 1997. Each of the required address indicated below and received requesting $260 million in grant funds. elements must be present and clearly by NTIA no later than 5 P.M. EST, From these 809 applications, the identified. Failure to do so may result in March 27, 1997. Department of Commerce announced 67 rejection of the application. ADDRESSES: Telecommunications and TIIAP awards totaling $18.6 million in Information Infrastructure Assistance federal funds. Closing Date Based on past grant rounds, the Program, National Telecommunications As noted above, complete and Information Administration, U.S. average size of each grant award will be approximately $300,000, although an applications for the Fiscal Year 1997 Department of Commerce, 1401 TIIAP grant program must be received Constitution Avenue, NW, HCHB, Room applicant may request up to $750,000 in federal support. by NTIA no later than 5 P.M. EST, 4092, Washington, DC 20230. March 27, 1997. (Postmark date is not FOR FURTHER INFORMATION, CONTACT: Eligible Organizations sufficient.) Applications received after Stephen J. Downs, Acting Director of the State, local, and Indian tribal that time and date will not be accepted. Telecommunications and Information governments, colleges and universities, But see Waiver Authority, ante. Infrastructure Assistance Program, and non-profit entities are eligible to Applications will not be accepted via Telephone: 202/482–2048. Fax: 202/ apply. However, individuals and for- facsimile machine transmission or 501–5136. E-mail: [email protected]. profit organizations are not eligible. electronic mail. NTIA anticipates that it SUPPLEMENTARY INFORMATION: will take between 4 and 6 months to Matching Funds Requirements process applications and make final Program Purposes Grant recipients under this program funding decisions. NTIA announces the fourth annual will be required to provide matching Scope of Proposed Project round of a competitive matching grant funds toward the total project cost. program, TIIAP. TIIAP was created to Applicants must document the capacity Funded projects must meet the promote the development and to supply matching funds. Matching funding priorities described in this widespread availability and use of funds may be in the form of cash or in- Notice. Projects must involve the advanced telecommunications and kind contributions. Grant funds under delivery of useful, practical services in information technologies to serve the this program will be released in direct real-world environments within the public interest. proportion to local matching funds grant award period. In Fiscal Year 1997, Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3947

TIIAP will not fund the following kinds Program Funding Priorities the technology to be used, but in the of projects: NTIA has significantly changed the application of technology in a particular One-Way Networks. TIIAP will not structure of the funding categories for setting, to serve a particular population, support the construction or TIIAP and applicants who have or to solve a particular problem. augmentation of one-way networks; all previously applied to the program Innovations often take the form of services and networks proposed under should carefully note this change. For imaginative partnerships or 1 the program must be interactive. the 1997 fiscal year, the TIIAP review organizational models, new applications 2 Content Development Projects. process will not distinguish among of proven technologies, or creative TIIAP will not support projects whose access, demonstration and planning strategies for overcoming traditional primary focus is to develop or produce projects. All applications will be judged barriers to access. Projects must be information content, rather than to according to a single set of evaluation exemplary in the sense that they can 3 apply information infrastructure to criteria, described later in this Notice, serve as models that can be emulated, practical problems. For example, TIIAP and all rules set forth in this Notice will replicated, or adapted to local will not consider projects whose apply to all applications. This change conditions by other organizations and primary purpose is the creation of does not imply a change in the scope of communities facing similar challenges. databases or other information resources projects that will be considered for NTIA seeks to fund a wide variety of by converting paper-based information, support; the change only reflects NTIA’s model projects across different nor will TIIAP consider projects that decision not to differentiate among application areas, geographic regions, aim primarily to digitize existing different categories of projects. and underserved populations. graphics collections. Similarly, TIIAP NTIA will support model projects that In past fiscal years, TIIAP has will not consider projects that aim contribute to the development of an supported planning projects whose primarily to create new information advanced national information primary goal was to develop strategies resources, such as World Wide Web infrastructure (NII) 5 by providing for the enhanced application of the NII, sites. innovative examples of how rather than deploy or use information Hardware or Software Development telecommunications and information infrastructure. Due to the limited Projects. While some hardware or technologies can be used to provide amount of funds available to the software development may be required valuable services to communities and by program, the emphasis for Fiscal Year to integrate existing systems or extending these opportunities to 1997 is on projects that deploy, use, and components, it may not be a major underserved 6 Americans. NTIA seeks to evaluate the use of information emphasis of any TIIAP project. fund exemplary projects that identify infrastructure applications. NTIA will, Single-Organization Projects. TIIAP specific problems or needs in a however, also consider allocating a will not support projects whose primary community, use information limited amount of funds to support emphasis is on the internal infrastructure services and technologies outstanding projects in which planning communications needs of a single to offer concrete solutions, and target is the sole activity. Applications for organization. Projects must include measurable outcomes. The emphasis is such projects will be evaluated against appropriate partnerships,4 with plans on the application of the technology, not the same criteria applied to all other for inter-organizational communications the technology itself. Each project proposals. among the partners. should include a rigorous evaluation In Fiscal Year 1997, TIIAP will Training Projects. TIIAP will and add to our national understanding support projects in five application generally not support projects whose of how the NII can be used to benefit the areas: Community-Wide Networking; sole activity is to provide training in the public. Each project is expected to reach Education, Culture, and Lifelong use of information infrastructure out to all members of a community and Learning; Health; Public and technology. Although a training thus help to bridge the gaps between Community Services; and Public Safety. component is essential to most information ‘‘haves’’ and ‘‘have-nots.’’ Each application in a particular implementation projects, it must not be NTIA seeks to fund projects that are application area will be compared the exclusive focus of the project. innovative, not necessarily in terms of against other applications in that same Replacement or Upgrade of Existing area: Facilities. TIIAP will not support any 5 The National Information Infrastructure (NII) is Community-Wide Networking projects whose primary emphasis is the a federal policy initiative to facilitate and accelerate the development and utilization of the nation’s This area focuses on multi-purpose upgrade or replacement of existing information infrastructure. The Administration projects that help a broad range of facilities. envisions the NII as a seamless web of communications networks, computers, databases, community residents and organizations to communicate, share information, and 1 Interactivity is defined as the capacity of a and consumer electronics that will put vast communications system to allow end users to amounts of information at users’ fingertips. For participate in civic activities, and that more information on various aspects of the NII communicate directly with other users, either in promote economic development. initiative, see The National Information real time (as in a video teleconference) or on a store- Infrastructure: Agenda for Action, 58 Fed. Reg. Community-Wide Networking projects and-forward basis (as with electronic mail), or to 49,025 (September 21, 1993). typically link services or provide seek and gain access to information on an on- 6 ‘‘Underserved’’ refers to individuals and demand basis, as opposed to a broadcast basis. information across multiple application communities that are subject to barriers that limit 2 areas. ‘‘Content development’’ refers to the creation of or prevent their access to the benefits of information information resources, such as databases or World infrastructure technologies and services. In terms of Examples may include, but would not Wide Web sites, for the purpose of dissemination information infrastructure, these barriers may be be limited to: Community-wide through one or more on-line services. technological, geographic, economic, physical, information and communication 3 The telecommunication networks, computers, linguistic, or cultural. For example, a rural services available to residents of a local other end-user devices, software, standards, and community may be physically isolated from circuits skills that collectively enable people to connect to adequate to allow for data access; inner city community; projects enabling a diverse each other and to a vast array of services and neighborhoods may contain large numbers of array of organizations to share information resources. potential end users for whom ownership of information infrastructure and 4 A partner is defined as an organization that computer hardware is unlikely; individuals with resources; and networks or information supplies cash or in kind resources and plays an disabilities may have the need for different types of active role in the planning and implementation of interfaces when manipulating hardware and services that promote community or the product. software. regional economic development. 3948 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

Education, Culture, and Lifelong use information technology creatively to outcomes that are expected as a result Learning promote self-sufficiency among of the project. These three elements— Projects in this area seek to improve individuals and families; networks that problem, solution, and outcome must be education and training for learners of all facilitate coordination and collaboration clearly described and the connections ages and provide cultural enrichment among public and/or community-based among them must be convincing. through the use of information agencies; electronic information and Reviewers will examine the degree to infrastructure in both traditional and referral services that provide which the proposed project supports non-traditional settings. information on a variety of community- NTIA’s funding priorities as outlined Examples may include, but would not based or government services; projects earlier in this Notice and will verify that be limited to: Projects that explore that make public agencies more the scope of the project meets TIIAP’s creative approaches to integrating accessible and responsive to community eligibility criteria. Reviewers will assess computer-based learning and network residents; electronic benefits transfer the overall significance of the proposed resources in K–12 classrooms; projects projects; and projects that employ project—the degree to which it is providing children, youth, and adult community or geographic information innovative and has the potential to serve learners with educational and training systems to study demographic or as a national model that other opportunities in community centers and environmental trends and target communities could follow. other non-traditional settings; projects community interventions. 2. Project Feasibility that forge stronger links among Public Safety educators, students, parents, and others Each application will be rated on the in the community; projects linking Projects in this area will seek to overall feasibility of the proposed workplaces and job-training sites to increase the effectiveness of law project and its plan of implementation. educational institutions; distance enforcement agencies, emergency, In assessing project feasibility, learning networks providing continuing rescue, and fire departments, or other reviewers will focus on the following education for professionals in remote entities involved in providing safety issues: The technical approach; the areas; projects that enrich communities services. qualifications of the applicant team; the by providing broad access to arts, Examples may include, but would not proposed budget and implementation science, and cultural resources; delivery be limited to, projects that facilitate schedule; and the applicant’s plan for of on-line informational, educational, information exchange among public sustaining the project beyond the grant and cultural services from public safety agencies located in a single period. The technical approach should be libraries, museums, and other cultural geographic area to increase efficiency consistent with the vision of a centers; and projects that support the and share resources, or those that teaching of literacy to adult learners. provide information in a timely manner nationwide, seamless, interactive to ‘‘first-response officials,’’ such as network of networks and must therefore Health police officers, emergency medical address issues of interoperability 7 and Projects in this area involve the use of technicians, and firefighters. Other scalability. 8 Proposals must specify in information infrastructure in the examples could include projects that detail how the proposed system would delivery of health and mental health help public safety agencies provide work, how it would operate with other services, public health, home health community outreach services, projects systems, the technological alternatives care and the provision of health that develop innovative ways to share that have been examined, and the plans information to the public. scarce spectrum resources, and projects for the maintenance and/or upgrading of Examples of projects may include, but that aim to increase the safety and the system. Applicants are expected to would not be limited to: Telemedicine security of children. make use of existing infrastructure and systems that offer new approaches to TIIAP will support projects that commercially available extending medical expertise to rural or promote the accessibility and usability telecommunications services, unless underserved urban areas; community of the NII for persons with disabilities. extraordinary circumstances require the health information networks for sharing Such projects are expected to fall under construction of new network facilities. clinical, financial, and/or administrative one of the five application areas Applicants must describe the information among hospitals, clinics, described above. qualifications of the project team, public health departments, and other The Guidelines booklet provides more including the applicant and its partners, organizations; home health care systems information on selecting an application to show that they have the resources, that improve the care and treatment of area for your application. expertise, and experience necessary to patients in the home environment; and undertake the project and complete it networks or information services aimed Evaluation Criteria within the proposed period. at disease prevention and health Reviewers will evaluate each Reviewers will analyze the budget in promotion. application using the following equally terms of clarity and cost-effectiveness. weighted criteria: The proposed budget must be Public and Community Services appropriate to the tasks proposed and 1. Project Purpose Projects in this area aim to empower sufficiently detailed so that reviewers individuals and communities and to Each application will be rated on the improve the delivery of services to purpose of the project and its potential 7 The condition achieved among information and people with a range of social service contribution to our national communication systems when information (i.e., needs. This area includes social services understanding of how the NII can be data, voice, image, audio, or video) can be easily and cost-effectively shared across acquisition, such as housing, child welfare, food used to benefit the public. The proposal transmission, and presentation technologies, assistance, employment counseling, and must: (1) Clearly define a specific equipment, and services. others, typically delivered by state and problem (or problems) within the 8 ‘‘Scalability’’ refers to the ability of a system to local governments or by community- community; (2) propose a credible accommodate a significant growth in the size of the system (i.e., services provided, end users served) based non-profit organizations. solution that employs information without the need for substantial redesign. A Examples of projects may include but infrastructure services and technologies; scalable approach that is demonstrated on a small would not be limited to: Projects that and (3) identify realistic, measurable scale can also be applied on a larger scale. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3949 can easily understand the relationship involvement in the design and planning during the project that will serve as of items in the budget to the project of projects. NTIA expects applicants to pragmatic how-tos for others interested narrative. In addition to a clear and safeguard the privacy of the end users in replicating or adapting the project in well-justified budget proposal, each and beneficiaries 10 of the project. Where other communities. application should contain a proposed relevant, proposals must address the Applications must include the implementation schedule that identifies privacy and confidentiality of user data. qualifications of any proposed major project tasks and milestones. For example, an applicant proposing a evaluators and sufficient funds in the Reviewers will also examine the project dealing with individually budget to perform a thorough and useful potential viability of the proposed identifiable information (e.g., student evaluation of the project. project beyond the grant period. grades, medical records) will be Reviewers will also examine the Applicants should therefore present a required to describe the technical and applicant’s plan for disseminating the credible plan, including a discussion of policy mechanisms to be used for knowledge gained as a result of anticipated ongoing expenses and protecting the confidentiality of such implementing the project. Applicants potential sources of non-federal funds, information and the privacy of the must demonstrate a willingness to share to sustain the project after completion of individuals involved. information about their projects with the grant. In evaluating the plan, interested projects, to host site visits, reviewers will consider the economic 4. Reducing Disparities and to participate in demonstrations. circumstances of the community or Every project proposed to TIIAP The project budget should also include communities to be served by the should target underserved communities adequate funds to support proposed proposed project. specifically and/or reach out to dissemination activities. underserved groups within a broader 3. Community Involvement Selection Process community. Each application will be Each application will be rated on the rated according to the degree to which NTIA will publish a notice in the overall level of community involvement the proposed project will serve to Federal Register listing all applications in the development of the project and reduce disparities in access to received by TIIAP. Listing an the implementation of the proposed information infrastructure technologies application in such a notice merely project. Reviewers will pay particular and services. Reviewers will assess each acknowledges receipt of an application attention to the partnerships involved, application by examining evidence of that will compete for funding with other the strength and diversity of support for community need and the applicant’s applications. Publication does not the project within the community, and proposed strategies for overcoming preclude subsequent return or the support for the project’s end users. 9 traditional barriers to access. Disparities disapproval of the application, nor does Community involvement must in access must be clearly described and it ensure that the application will be include the development of supported by specific quantitative data. funded. partnerships among unaffiliated Beyond providing service to (a) Each eligible application will first organizations, from the public, non- underserved communities, each be reviewed by a panel of outside profit, or private sectors, as an integral application should also propose readers, who have demonstrated part of each project. Partnerships must strategies for reaching out to targeted expertise in both the programmatic and be clearly defined, mutually beneficial, groups and for tailoring any services to technological aspects of the application. and the commitments well documented their specific needs and circumstances. The review panels will evaluate in the application. These strategies should reflect an applications according to the evaluation Reviewers will examine the steps the understanding of why the barriers criteria provided in this Notice and applicant has taken in involving a wide currently exist and a sensitivity to the make non-binding recommendations to variety of community stakeholders in learning mechanisms, attitudes, and the program staff. Working with the the planning of the project and the plans customs of the community. In assessing staff, the TIIAP Director prepares and for ongoing community involvement in community need, reviewers will also presents a slate of recommended grant the project’s implementation. Each consider the degree to which TIIAP awards to the Office of application should contain evidence of support is vital to success of the project. Telecommunications and Information demand, from the community, the end Applications’’ (OTIA) 11 Associate users, and the potential beneficiaries, 5. Evaluation and Dissemination Administrator for review and approval. for the services that the proposed Each proposal must include a plan for The Director’s recommendations and project would provide. evaluating the project and a the Associate Administrator’s review Reviewers will consider the degree of dissemination plan for sharing and approval will take into account the attention paid to the needs, skills, knowledge gained from the project. following selection factors: working conditions, and living Each application will be rated on the 1. The evaluations of the outside environments of the targeted end users. quality of its evaluation design and its reviewers; Plans for training end users, upgrading potential to measure both the outcomes 2. The geographic distribution of the their skills, and building community of the project and the effectiveness and proposed grant awards; awareness and knowledge of the project efficiency of the proposed solutions in 3. The variety of technologies and must be clearly delineated and the achieving intended outcomes. The strategies employed by the proposed application should include evidence of design should include both quantitative grant awards; a significant degree of end-user and qualitative indicators and must 4. The extent to which the proposed identify specific evaluation methods grant awards represent a reasonable 9 An end user is one who customarily employs or and instruments. The evaluation design seeks access to, rather than provides, information 11 The Office of Telecommunication and infrastructure. An end user may be a consumer of should also capture the lessons learned Information Applications is the division of the information (e.g., a member of the public employing National Telecommunications and Information a touch-screen public access terminal); may be 10 Project beneficiaries are those individuals or Administration that supervises NTIA’s grant awards involved in an interactive communication with organizations deriving benefits from a project’s programs, the Telecommunications and Information other end users; or may use information outcome(s). A project beneficiary may also, but not Infrastructure Assistance Program and the Public infrastructure to provide services to the public. necessarily, be a project end user. Telecommunications Facilities Program. 3950 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices distribution of funds across application use of existing infrastructure and Application Forms areas; commercially available Standard Forms 424 (OMB Approval 5. The promotion of access to and use telecommunications services. Only Number 0348–0044), Application for of the information infrastructure by under extraordinary circumstances will Federal Assistance; 424A (OMB rural communities and other the construction of new network Approval Number 0348–0043), Budget underserved groups; facilities be approved. Costs of the Information—Non-Construction 6. Avoidance of redundancy and professional services, such as Programs; and 424B (OMB Approval conflicts with the initiatives of other instruction, counseling, or medical care, Number 0348–0040), Assurances—Non- federal agencies; and provided via a network supported Construction Programs, (Rev 4–92), and 7. The availability of funds. through this program are not eligible. other Department of Commerce forms (b) Upon approval by the OTIA Note that costs that are ineligible for shall be used in applying for financial Associate Administrator, the Director’s TIIAP support may not be included as assistance. These forms are included in recommendations will then be part of the applicant’s matching fund the Guidelines, which can be obtained presented to the Selecting Official, the contribution. by contacting NTIA by telephone, fax, or NTIA Administrator. The NTIA electronic mail, as described in the Indirect Costs Administrator selects the applications to ADDRESSES section above. TIIAP be negotiated for possible grant award The total dollar amount of the indirect requests one original and five copies of taking into consideration the Director’s costs proposed in an application under the application. Applicants for whom recommendations and the degree to this program must not exceed the the submission of five copies presents which the slate of applications, taken as indirect cost rate negotiated and financial hardship may submit one a whole, satisfies the selection factors approved by a cognizant federal agency original and two copies of the described above and the program’s or 100 percent of the total proposed application. Notwithstanding any other stated purposes as set forth in the direct costs dollar amount in the provision of law, no person is required section entitled ‘‘Program Purposes.’’ application, whichever is less. to respond to nor shall a person be After applications have been selected subject to a penalty for failure to comply in this manner, negotiations will take Award Period with a collection of information subject place between TIIAP staff and the Successful applicants will have to the requirements of the Paperwork applicant. These negotiations are Reduction Act unless that collection of intended to resolve any differences that between 12 and 36 months to complete their projects. While the completion information displays a currently valid exist between the applicant’s original OMB control number. In addition, all request and what TIIAP proposes to time will vary depending on the complexity of the project, applicants applicants are required to submit a copy fund and, if necessary, to clarify items of their application to their state Single in the application. Not all applicants should take special care to justify a project lasting longer than 24 months. Point of Contact (SPOC) offices, if they who are contacted for negotiation will have one. (For information on necessarily receive a TIIAP award. Final Waiver Authority contacting state SPOC offices, refer to selections made by the Administrator the Guidelines.) will be based upon the It is the general intent of NTIA not to Because of the high level of public recommendations by the Director and waive any of the provisions set forth in interest in projects supported by TIIAP, the OTIA Associate Administrator and this Notice. However, under the program anticipates receiving the degree to which the slate of extraordinary circumstances and when requests for copies of successful applications, taken as a whole, satisfies it is in the best interest of the federal applications. Applicants are hereby the program’s stated purposes as set government, NTIA, upon its own notified that the applications they forth in the section entitled ‘‘Program initiative or when requested, may waive submit are subject to the Freedom of Purposes,’’ upon the conclusion of the provisions in this Notice. Waivers Information Act. Applicants may negotiations. may only be granted for requirements identify sensitive information and label that are discretionary and not mandated it ‘‘confidential’’ to assist NTIA in Eligible Costs by statute. Any request for a waiver making disclosure determinations. Eligible Costs must set forth the extraordinary circumstances for the request and be Type of Funding Instrument Allowable costs incurred under included in the application or sent to The funding instrument for awards approved projects shall be determined the address provided in the ADDRESSES under this program shall be a grant. in accordance with applicable federal section above. NTIA will not consider a Federal Policies and Procedures cost principles, i.e., OMB Circular A–21, request to waive the application A–87, A–122, or appendix E of 45 CFR deadline for an application until the Recipients and subrecipients are part 74. If included in the approved application has been received. subject to all applicable federal laws project budget, TIIAP will allow costs and federal and Department of for personnel, fringe benefits, computer Other Information Commerce policies, regulations, and hardware and software, other end-user Electronic Information procedures applicable to federal equipment, telecommunication services financial assistance awards. and related equipment, consultants and Information about NTIA and TIIAP, other contractual services, travel, rental including this document and the Pre-Award Activities of office equipment, furniture and Guidelines, can be retrieved If an applicant incurs any project space, supplies, etc. that are reasonable electronically via the Internet using the costs prior to the project start date and directly related to the project. Costs World Wide Web. To reach the WWW negotiated at the time the award is associated with the construction or server, use http://www.ntia.doc.gov to made, it does so solely at its own risk major renovation of buildings are not reach the NTIA Home Page and follow of not being reimbursed by the eligible. While costs for the construction directions to locating information about government. Applicants are hereby of new network facilities are eligible TIIAP. TIIAP can also be reached via notified that, notwithstanding any oral costs, applicants are expected to make electronic mail at [email protected]. or written assurance that they may have Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3951 received, there is no obligation on the presently facing criminal charges such amendment, or modification of any federal part of the Department of Commerce to as fraud, theft, perjury, or other matters contract, grant, loan, or cooperative cover pre-award costs. that significantly reflect on the agreement using any funds must submit an applicant’s management, honesty, or SF-LLL, ‘‘Disclosure of Lobbying Activities’’ No Obligation for Future Funding (OMB Control Number 0348–0046), as financial integrity. If an application is selected for required under 15 CFR part 28, appendix B. funding, the Department of Commerce Primary Applicant Certifications Lower Tier Certifications has no obligation to provide any All primary applicants must submit a additional future funding in connection completed Form CD–511, Recipients shall require applicants/ with that award. Renewal of an award ‘‘Certifications Regarding Debarment, bidders for subgrants, contracts, to increase funding or extend the period Suspension and Other Responsibility subcontracts, or other lower tier covered of performance is at the total discretion Matters; Drug-Free Workplace transactions at any tier under the award of the Department of Commerce. Requirements and Lobbying,’’ and the to submit, if applicable, a completed following explanations are hereby Form CD–512, ‘‘Certifications Regarding Past Performance provided: Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Unsatisfactory performance of an 1. Nonprocurement Debarment and applicant under prior federal financial Suspension—Prospective participants (as Covered Transactions and Lobbying’’ assistance awards may result in that defined at 15 CFR part 26, Section 105) are and disclosure form SF-LLL, applicant’s proposal not being subject to 15 CFR part 26, ‘‘Nonprocurement ‘‘Disclosure of Lobbying Activities.’’ considered for funding. Debarment and Suspension’’ and the related Form CD–512 is intended for the use of section of the certification form prescribed recipients and should not be transmitted Delinquent Federal Debts above applies; to DOC. SF-LLL submitted by any tier No award of federal funds shall be 2. Drug-Free Workplace—Grantees (as recipient or subrecipient should be defined at 15 CFR part 26, Section 605) are made to an applicant who has an subject to 15 CFR part 26, Subpart F, submitted to DOC in accordance with outstanding delinquent federal debt ‘‘Government wide Requirements for Drug- the instructions contained in the award until: Free Workplace (Grants)’’ and the related document. 1. The delinquent account is paid in section of the certification form prescribed False Statements full; above applies; 2. A negotiated repayment schedule is 3. Anti-Lobbying—Persons (as defined at A false statement on an application is established and at least one payment is 15 CFR part 28, Section 105) are subject to grounds for denial or termination of the lobbying provisions of 31 U.S.C. 1352, received; or funds and grounds for possible 3. Other arrangements satisfactory to ‘‘Limitation on use of appropriated funds to influence certain federal contracting and punishment by a fine or imprisonment the Department of Commerce are made. financial transactions,’’ and the lobbying as provided in 18 U.S.C. 1001. Purchase of American-Made Products section of the certification form prescribed above applies to applications/bids for grants, Intergovernmental Review Applicants are hereby notified that cooperative agreements, and contracts for Applications under this program are any equipment or products authorized more than $100,000, and loans and loan subject to Executive Order 12372, to be purchased with funding provided guarantees for more than $150,000, or the under this program must be American- single family maximum mortgage limit for ‘‘Intergovernmental Review of Federal made to the maximum extent feasible. affected programs, whichever is greater; and Programs.’’ It has been determined that 4. Anti-Lobbying Disclosure—Any this notice is a ‘‘not significant’’ rule Name Check Review applicant that has paid or will pay for under Executive Order 12866. All non-profit applicants are subject lobbying in connection with a covered Larry Irving, federal action, such as the awarding of any Assistant Secretary for Communications and to a name check review process. Name federal contract, the making of any federal Information. checks are intended to reveal if any key grant, the making of any federal loan, the individuals associated with the entering into of any cooperative agreement, [FR Doc. 97–1727 Filed 1–26–97; 8:45 am] applicant have been convicted of or are or the extension, continuation, renewal, BILLING CODE 3510±60±P federal register January 27,1997 Monday Notices Certain Chemicals;Premanufacture Protection Agency Environmental Part III 3953 3954 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: Under the notice that will be issued at regular AGENCY provisions of TSCA, EPA is required to intervals. publish notice of receipt and status In this notice, EPA shall provide a [OPPTS±51849; FRL±5575±4] reports of chemicals subject to section 5 consolidated report in the Federal reporting requirements. The notice Register reflecting the dates PMN Certain Chemicals; Premanufacture requirements are provided in TSCA requests were received, the projected sections 5(d)(2) and 5(d)(3). Specifically, Notices notice end date, the manufacturer or EPA is required to provide notice of importer identity, to the extent that such AGENCY: Environmental Protection receipt of PMNs and TME application information is not claimed as Agency (EPA). requests received. EPA also is required confidential and chemical identity, ACTION: Notice. to identify those chemical submissions for which data has been received, the either specific or generic depending on SUMMARY: Section 5 of the Toxic uses or intended uses of such chemicals, whether chemical identity has been Substances Control Act (TSCA) requires and the nature of any test data which claimed confidential. Additionally, in any person who intends to manufacture may have been developed. Lastly, EPA this same report, EPA shall provide a or import a new chemical to notify EPA is required to provide periodic status listing of receipt of new notices of and comply with the statutory reports of all chemical substances commencement. provisions pertaining to the undergoing review and receipt of EPA believes the new format of the manufacture or import of substances not notices of commencement. notice will be easier to understand by on the TSCA Inventory. Section 5 of A record has been established for this the interested public, and provides the TSCA also requires EPA to publish notice under docket number ‘‘[OPPTS– information that is of greatest interest to receipt and status information in the 51849]’’ (including comments and data the public users. Certain information Federal Register each month reporting submitted electronically as described provided in the earlier notices will not premanufacture notices (PMN) and test below). A public version of this record, be provided under the new format. The marketing exemption (TME) application including printed, paper versions of status reports of substances under requests received, both pending and electronic comments, which does not review, potential production volume, expired. The information in this include any information claimed as CBI, and summaries of health and safety data document contains notices received is available for inspection from 12 noon will not be provided in the new notices. from March 1, 1996 to March 31, 1996. to 4 p.m., Monday through Friday, EPA is not providing production ADDRESSES: Written comments, excluding legal holidays. The public identified by the document control record is located in the TSCA volume information in the consolidated number ‘‘[OPPTS–51849]’’ and the Nonconfidential Information Center notice since such information is specific PMN number, if appropriate, (NCIC), Rm. NEM–B607, 401 M St., SW., generally claimed as confidential. For should be sent to: Document Control Washington, DC 20460. this reason, there is no substantive loss Office (7407), Office of Pollution Electronic comments can be sent to the public in not publishing the data. Prevention and Toxics, Environmental directly to EPA at: Health and safety data are not Protection Agency, 401 M St., SW., Rm. [email protected] summarized in the notice since it is ETG–099 Washington, DC 20460. recognized as impossible, given the Comments and data may also be Electronic comments must be format of this notice, as well as the submitted electronically by sending submitted as an ASCII file avoiding the previous style of notices, to provide electronic mail (e-mail) to: use of special characters and any form meaningful information on the subject. [email protected]. Electronic of encryption. In those submissions where health and comments must be submitted as an The official record for this notice, as safety data were received by the Agency, ASCII file avoiding the use of special well as the public version, as described a footnote is included by the characters and any form of encryption. above will be kept in paper form. Manufacturer/Importer identity to Comments and data will also be Accordingly, EPA will transfer all indicate its existence. As stated below, accepted on disks in WordPerfect in 5.1 comments received electronically into interested persons may contact EPA file format or ASCII file format. All printed, paper form as they are received directly to secure information on such comments and data in electronic form and will place the paper copies in the studies. must be identified by the docket number official record which will also include For persons who are interested in data [OPPTS–51849]. No Confidential all comments submitted directly in not included in this notice, access can Business Information (CBI) should be writing. The official record is the paper be secured at EPA Headquarters in the submitted through e-mail. Electronic record maintained at the address in NCIC at the address provided above. comments on this notice may be filed ‘‘ADDRESSES’’ at the beginning of this Additionally, interested parties may online at many Federal Depository document. telephone the Document Control Office Libraries. Additional information on In the past, EPA has published at (202) 260–1532, TDD (202) 554–0551, electronic submissions can be found individual notices reflecting the status for generic use information, health and under ‘‘SUPPLEMENTARY of section 5 filings received, pending or safety data not claimed as confidential INFORMATION’’ of this document. expired, as well as notices reflecting or status reports on section 5 filings. FOR FURTHER INFORMATION CONTACT: receipt of notices of commencement. In Susan B. Hazen, Director, an effort to become more responsive to Send all comments to the address Environmental Assistance Division the regulated community, the users of listed above. All comments received (7408), Office of Pollution Prevention this information and the general public, will be reviewed and appropriate and Toxics, Environmental Protection to comply with the requirements of amendments will be made as deemed Agency, Rm. E–545, 401 M St., SW., TSCA, to conserve EPA resources, and necessary. Washington, DC, 20460, (202) 554–1404, to streamline the process and make it This notice will identify: (I) PMNs TDD (202) 554–0551; e-mail: TSCA- more timely, EPA is consolidating these received; and (II) Notices of [email protected]. separate notices into one comprehensive Commencement to manufacture/import. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3955

I. 128 Premanufacture Notices Received From: 03/01/96 to 03/31/96

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P±96±0753 03/01/96 05/30/96 Champion Tech- (S) Corrosion inhibitor for oil and gas (S) Alkyl pyridine; alkyldimethylamine; nologies production and pipelines bis-2-chloroethyl ether P±96±0759 03/01/96 05/30/96 H.B. Fuller Company (S) Adhesive; film coating. (G) Acrylate functionalized polyester P±96±0760 03/01/96 05/30/96 H.B. Fuller company (S) Adhesive; film coating. (G) Acrylate functionalized polyester P±96±0761 03/01/96 05/30/96 H.B. Fuller Company (S) Adhesive; film coating. (G) Acrylate functionalized polyester P±96±0762 03/01/96 05/30/96 H.B. Fuller Company (S) Adhesive; film coating. (G) Acrylate functionalized polyester P±96±0763 03/01/96 05/30/96 H.B. Fuller Company (S) Adhesive; film coating. (G) Acrylate functionalized polyester P±96±0764 03/07/96 06/05/96 Moore Business (S) Intermediate to be converted to a (S) Elemental assay and ftir con- Forms & Systems paper additive. firmed intermediate: 1(3h)- Division isobenzofuranone, 3-[4- (diethylamino)-2-hydroxyphenyl]-3- (2-hydroxy-1-naphthalenyl) P±96±0765 03/07/96 06/05/96 CBI (S) Catalyst for polyurethane foam (G) Mono and di-amine/acid salt manufacture carboxylates P±96±0766 03/07/96 06/05/96 CBI (S) Surfactant in polyurethane foam (G) Minor component of uax-6180, manufacture niax surfactants l-540,l-580 P±96±0767 03/06/96 06/04/96 Ciba-Geigy Corpora- (G) Textile dye (G) Substituted pyridine azo sub- tion, Textile Prod- stituted phenyl ucts Division P±96±0768 03/06/96 06/04/96 CBI (G) Component of coating with dis- (G) Aceto acetylated polyester persive use P±96±0769 03/07/96 06/05/96 CBI (S) Organic pigment for automotive (G) Naphthalenecarboxamide, N- and industrial coatings (substituted phenyl)-[[substituted phenyl] azo]-hydroxy- P±96±0770 03/07/96 06/05/96 CBI (S) Orginic pigment for automotive (G) Naphthalene carboxamide, N- and industrial coatings (substituted phenyl)-[[substituted phenyl] azo]-hydroxy- P±96±0771 03/08/96 06/06/96 CBI (G) Chemical intermediate (G) Macrocyclic hydroperoxide P±96±0772 03/08/96 06/06/96 Champion Tech- (S) Used as a down-hole fluid-loss (S) Cellulose, 2-hydroxyethyl ether, nologies additive for oil well stimulation reaction products with ethenyl phosphonic acid, calcium magne- sium salts; cellulose, 2- hydroxyethyl ether, reaction product with ethenyl phosphonic acid, zinc salts; cellulose, 2-hydroxyethyl ether, reaction products with eth- enyl phosphonic acid, calcium salts P±96±0773 03/08/96 06/02/96 Ciba-Geigy Corpora- (G) Textile dye (G) Substitued pyridine azo sub- tion, Textile Prod- stituted phenyl ucts Division P±96±0774 03/08/96 06/06/96 CBI (S) Resin for adhesives (G) Modified hydrocarbon resin P±96±0775 03/08/96 06/06/96 CBI (S) Resin for adhesives (G) Modified hydrocarbon resin P±96±0776 03/08/96 06/06/96 CBI (S) Resin for adhesives (G) Modified hydrocarbon resin P±96±0777 03/08/96 06/06/96 CBI (S) Resin for adhesives (G) Modified hydrocarbon resin P±96±0778 03/08/96 06/06/96 CBI (S) Resin for adhesives (G) Modified hydrocarbon resin P±96±0779 03/08/96 06/06/96 CBI (S) Resin for adhesives (G) Modified hydrocarbon resin P±96±0780 03/08/96 06/06/96 CBI (S) Resin for adhesives (G) Modified hydrocarbon resin P±96±0781 03/08/96 06/06/96 CBI (S) Resin for adhesives (G) Modified hydrocarbon resin P±96±0782 03/08/96 06/06/96 CBI (S) Resin for adhesives (G) Modified hydrocarbon resin P±96±0783 03/11/96 06/03/96 Monsanto Company (S) Nylon polymer additive (G) Sulfonated aromatic acid with diamine P±96±0784 03/11/96 06/03/96 Monsanto Company (S) Stain inhibitor for nylon fibers (G) Sulfonated nylon copolymer P±96±0785 03/11/96 06/09/96 Dow Corning (S) Siloxane cure catalyst (G) Tetraalkoxytitanate P±96±0786 03/12/96 06/10/96 CBI (S) Releasing oil (G) Heptadecafluoroundecyl fluorosilicone P±96±0787 03/12/96 06/10/96 Cytec Industries (G) To catalyze the reaction between (S) Phosphonium, octadecyltriotyl-, io- two or more chemical species dis- dide (9cl) solved in immiscribe , usually liq- uid, phases P±96±0788 03/13/96 06/11/96 CBI (G) Binder (S) Polymer of: phenol; 2-propanone, reaction products with phenol; formaldehyde P±96±0789 03/12/96 06/10/96 Engelhard Corporation (S) As an organic poigment in plas- (G) Metallized azo yellow pigment tics, coating and inks P±96±0790 03/08/96 06/06/96 Champion Tech- (S) Used as a down-hole fluid-loss (S) Cellulose, 2-hydroxyethyl ether, nologies additive for oil well stimulation reaction products with ethenyl phosphonic acid, calcium magne- sium salts 3956 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

I. 128 Premanufacture Notices Received From: 03/01/96 to 03/31/96ÐContinued

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P±96±0791 03/08/96 06/06/96 Champion tech- (S) Used as a down-hole fluid-loss (S) Cellulose, 2-hydroxyethyl ether, nologies additive for oil well stimulation reaction products with ethenyl phosphonic acid, zinc salts P±96±0792 03/08/96 06/06/96 Champion Tech- (S) Used as a down-hole fluid-loss (S) Cellulose, 2-hydroxyethyl ether, nologies additive for oil well stimulation reaction products with ethenyl phosphonic acid, calcium salts P±96±0793 03/11/96 06/09/96 CBI (G) Processing aid (G) Salt of a fatty acid-amine reaction product P±96±0794 03/11/96 06/09/96 CBI (G) Processing aid (G) Derivative of a fatty alkyldiamine P±96±0795 03/11/96 06/09/96 CBI (G) Processing aid (G) Mixed fatty alkyldiamines, salt P±96±0796 03/11/96 06/09/96 CBI (G) Processing aid (G) Derivative of fatty alkanepolyamine P±96±0797 03/11/96 06/09/96 CBI (G) Processing aid (G) Salt of a modified tallow alkanepolyamine P±96±0798 03/11/96 06/09/96 3m Company (S) Film forming polymer (G) Polyurethane polymer P±96±0799 03/12/96 06/10/96 Fiber-Resins Corpora- (S) Potting compound (G) Aromatic isocyanate prepolymer tion P±96±0800 03/12/96 06/10/96 Fiber-Resins Corpora- (S) Castable urethane (G) Aliphatic isocyanate prepolymer tion P±96±0801 03/12/96 06/10/96 Fiber-Resins Corpora- (S) To make a mold used to cast (G) Aromatic isocyanate prepolymer tion tools P±96±0802 03/12/96 06/10/96 3M Company (G) Binder resin (G) Caprolactone polyurethane P±96±0803 03/13/96 06/11/96 High Point Chemical (G) Acid generator for PH control of (G) Organic formate Corporation dyebath P±96±0804 03/13/96 06/11/96 High Point Chemical (G) Acid generator for PH control of (G) Organic formate Corporation dyebath P±96±0805 03/13/96 06/11/96 CBI (S) Site limited intermediate (G) Propanenitrile, 3-[[3- (alkyloxy)propyl]amino]- P±96±0806 03/12/96 06/10/96 Fiber-Resins Corpora- (S) To make a mold used to cast (G) Aromatic isocyanate prepolymer tion tools P±96±0807 03/13/96 06/11/96 CBI (G) Processing aid (G) Salt of a fatty alkylamine deriva- tive P±96±0808 03/13/96 06/11/96 CBI (G) Processing aid (G) Derivative of a modified alkali lignin reaction product P±96±0809 03/14/96 06/12/96 CBI (G) Open non dispersive (G) Sulfated sorbitan derivative P±96±0810 03/14/96 06/12/96 CBI (G) Industrial coating for open, non- (G) Acrylate functional polyurethane disperive use resin P±96±0811 03/14/96 06/12/96 Mitsubishi Chemical (S) Chelating agent (G) Phosphonic acid compound Industries Inc. P±96±0812 03/15/96 06/13/96 Great Lakes Chemical (S) An antioxidant additive for lubri- (G) Substituted benzene propanoic Company cants and oils; an antioxidant addi- acid, alkyl ester tive for plastics and rubber mate- rials P±96±0813 03/15/96 06/13/96 CBI (G) Mediator in enzyme catalyzed re- (G) Phenothiazine derivative actions P±96±0814 03/13/96 06/11/96 Unitika America Cor- (S) Additive in polymer. (S) Magnesium sodium fluoride sili- poration cate (mg5na2f4(si205)4) P±96±0815 03/18/96 06/16/96 Essex Specialty Prod- (S) Polymer catalyst used in sealant (G) Isocyanate functional poly- ucts, Inc. manufacturing propylene and polyethylene catalyst P±96±0816 03/18/96 06/16/96 Nippon Zeon of Amer- (G) Photosensitive resin composition (G) Half esterified maleinized ica, Inc. polybutadiene P±96±0817 03/15/96 06/13/96 CBI (S) Organic synthesis intermediate (G) 2-substituted phenol -4-(2- aminoethyl) sulfonamide, hydro- chloride P±96±0818 03/15/96 06/13/96 CBI (G) Detergent additive (G) Substituted aryl dicarboxylic acid/ diol copolymer P±96±0819 03/15/96 06/13/96 CBI (S) Organic synthesis intermediate (G) 1-Hydroxy-2-nitro-4-(2- aminoethyl) benzene derivative, hydrochoride P±96±0820 03/15/96 06/13/96 CBI (S) Binder resin in overprint lacquers; (G) Fatty acids, C18-unsatd., dimers binder resin in cold seal release polymers with ethylenediamine, a lacquers monobasic acid and a diamine. P±96±0821 03/15/96 06/13/96 CBI (S) Laminatinh adhesive (G) Polyester polyurethane meth- acrylic graft copolymer P±96±0822 03/20/96 06/18/96 Lanier Worldwide Inc. (G) The pmn substance is for use as (G) Quarternary ammonium salt of a component of toner for copiers fluorinated alklyl-aryl amide P±96±0823 03/20/96 06/18/96 Champion Tech- (S) Corrosion inhibitor for oil and gas (S) Pyridinuim, alkyl 1-[2-[2-(C12±16± nologies production and pipelines alkyldimethylammoni- o)ethoxy]ethyl]derivs., dichlorides P±96±0824 03/18/96 06/16/96 Bimax, Inc (S) Monomer (polymeric intermediate) (G) Acrylate ester Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3957

I. 128 Premanufacture Notices Received From: 03/01/96 to 03/31/96ÐContinued

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P±96±0825 03/20/96 06/18/96 GE Silicones (S) Uv stabilizer for plastics (S) Methanone, [4,6-dihydroxy-5-[3- (trirthoxysily)propyl]-1-3-phenyl- ene]bis[phenyl P±96±0826 03/20/96 06/18/96 GE Silicones (S) Intermediate for pmn GE071 (S) Methanone, [4,6-dihydroxy-1-3- phenylene]bis[phenyl P±96±0827 03/20/96 06/18/96 GE Silicones (S) Intermediate for pmn GE072 (S) Methanone, [4,6-dihydroxy-5-(2- propenyl)-1-3-phenylene]bis[phenyl P±96±0828 03/19/96 06/17/96 3M Company (G) Binder resin (G) Caprolactone polyurethane P±96±0829 03/21/96 06/18/96 CBI (G) Open, non-dispersive (G) Alkyl phosphoro salt P±96±0830 03/25/96 06/23/96 CBI (G) Flame retardant (G) Flame retardant acrylic polymer P±96±0831 03/25/96 06/23/96 CBI (G) Open, non-dispersive (G) Polyurethane dispersion P±96±0832 03/25/96 06/23/96 CBI (G) Open, non-dispersive (G) Polyacrylate containing hydroxyl groups P±96±0833 03/26/96 06/24/96 H.b. fuller company (S) Fiberglasss sizing (G) Ester functionalized polymer P±96±0834 03/26/96 06/24/96 Henkel Corporation (G) Dye fixative (G) Acrylic polymer P±96±0835 03/25/96 06/23/96 Stepan Chemical (G) Detergent and personal care (G) Sugar ester Company P±96±0836 03/25/96 06/23/96 Hoechst Celanese (S) Paints & varnishes (G) Vegetable fatty acids, pentaeryth- Corporation ritol ester graft copolymer, ammo- nium salt P±96±0837 03/26/96 06/24/96 Elf Atochem North (G) Polymeric film (S) Hydroxyterminated 1,3-butadiene America, Inc. homopolymer; dimethyl meta-iso- propenyl benzyl isocyanate; dibutyltin dilaurate P±96±0838 03/26/96 06/24/96 CBI (G) Polymerization co-catalyst (G) Di-alkyl-dialkoxy silane P±96±0839 03/26/96 06/24/96 CBI (G) Polymerization co-catalyst (G) Metal alkyl chloride P±96±0840 03/28/96 06/26/96 Basf Corporation (S) Chelate in cleaning products; (S) Dl-alanine, N,N- chelate in metal plating; chelate in bis(carbooxymethyl)-, trisodium salt photographic baths; chelate in water softening; chelate in pulp/ paper bleaching P±96±0841 03/28/96 06/26/96 CBI (S) Coatings (G) Polymer of polyisocyanate with extended hydroxy esters of car- bamic acid and alcohol P±96±0842 03/28/96 06/26/96 CBI (S) Coatings (G) Polymer of polyisocyanate with extended hydroxy esters of car- bamic acid and alcohol P±96±0843 03/28/96 06/26/96 CBI (S) Coatings (G) Polymer of polyisocyanate with extended hydroxy esters of car- bamic acid and alcohol P±96±0844 03/28/96 06/26/96 CBI (S) Coatings (G) Polymer of polyisocyanate with extended hydroxy esters of car- bamic acid and alcohol P±96±0845 03/28/96 06/26/96 CBI (S) Coatings (G) Polymer of polyisocyanate with extended hydroxy esters of car- bamic acid and alcohol P±96±0846 03/28/96 06/25/96 CBI (S) Coatings (G) Polymer of polyisocyanate with extended hydroxy esters of car- bamic acid and alcohol P±96±0847 03/28/96 06/26/96 CBI (S) Coatings (G) Polymer of polyisocyanate with extended hydroxy esters of car- bamic acid and alcohol P±96±0848 03/28/96 06/26/96 CBI (S) Coatings (G) Polymer of polyisocyanate with extended hydroxy esters of car- bamic acid and alcohol P±96±0849 03/28/96 06/26/96 CBI (S) Coatings (G) Polymer of polyisocyanate with extended hydroxy esters of car- bamic acid and alcohol P±96±0850 03/28/96 06/26/96 CBI (S) Coatings (G) Polymer of polyisocyanate with extended hydroxy esters of car- bamic acid and alcohol P±96±0851 03/28/96 06/26/96 CBI (S) Coatings (G) Polymer of polyisocyanate with extended hydroxy esters of car- bamic acid and alcohol P±96±0852 03/27/96 06/26/96 CBI (S) Binder resin for hot-melt jet mark- (S) Fatty acids, C18±unsaturated ing ink dimers, hydrogenated, reaction products with C14 alcs. and hexamethylenediamine P±96±0853 03/27/96 06/25/96 CBI (G) Open, non-dispersive (G) Aliphatic polymer salt 3958 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

I. 128 Premanufacture Notices Received From: 03/01/96 to 03/31/96ÐContinued

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P±96±0854 03/27/96 06/25/96 Engelhard Corporation (S) As an organic pigment in plastics (G) Axo red pigment and coatings and inks P±96±0855 03/27/96 06/25/96 Engelhard Corporation (S) As an organic pigment in plastics (G) Axo red pigment and coatings and inks P±96±0856 03/27/96 06/25/96 Engelhard Corporation (S) As an organic pigment in plastics (G) Axo red pigment and coatings and inks P±96±0857 03/27/96 06/25/96 Engelhard Corporation (S) As an organic pigment in plastics (G) Axo red pigment and coatings and inks P±96±0858 03/28/96 06/26/96 CBI (S) Acid dye for coloring leather (G) 2,7-naphthalenedisulfonic acid, 4- amino-5-hydroxy-3-substituted azo- 6-substituted azo-, sodium salt P±96±0859 03/27/96 06/25/96 CBI (G) Open, non-dispersive (G) Aliphatic polymer mixed salt P±96±0860 03/28/96 06/26/96 CBI (G) Lubricant additive (G) Polyolefin amide alkeneamine P±96±0861 03/28/96 06/26/96 NOF America Cor- (S) Compatibilizing agent for polymer (G) Acrylate polymer poration blends P±96±0862 03/28/96 06/26/96 CBI (G) Open, non-dispersive (G) Polyurethane dispersion P±96±0863 03/28/96 06/26/96 CBI (G) Open, non-dispersive (G) Aqueous hydroxyl-bearing poly- ester/polyacrylate copolymer P±96±0864 03/28/96 06/26/96 CBI (G) Raw material for coatings for (G) Acid curing acrylic dispersion wood P±96±0865 03/29/96 06/27/96 CBI (G) Polymeric colorant (G) Chromophore substituted polyoxyalkylene tint P±96±0866 03/29/96 06/27/96 CBI (G) Processing aid (G) Derivative of substituted carbomonocyclic carboxylic acid- amine distillation stream byproduct reaction product P±96±0867 03/29/96 06/27/96 CBI (G) Processing aid (G) Derivative of a modified tall oil polyalkylene polyamine P±96±0868 03/29/96 06/27/96 CBI (G) Processing aid (G) Salt of the reaction product of kraft lignin, mixed fatty acids and ethyleneamines P±96±0869 03/29/96 06/27/96 CBI (G) Chemical intermediate with de- (G) Modified polyester diol structive use P±96±0870 03/29/96 06/27/96 CBI (G) Chemical intermediate with de- (G) Modified polyester diol structive use P±96±0871 03/29/96 06/27/96 CBI (G) Chemical intermediate with de- (G) Modified polyester diol structive use P±96±0872 03/29/96 06/27/96 CBI (G) Film additive (G) Substituted imidazole P±96±0873 03/29/96 06/27/96 CBI (G) Chemical intermediate (destruc- (G) Substituted imidazole tive) P±96±0877 03/29/96 06/27/96 CBI (G) Component of coating with open (G) Polyurethane acrylate use P±96±0878 03/29/96 06/27/96 CBI (G) Component of coating with open (G) Polyurethane acrylate use P±96±0879 03/29/96 06/27/96 CBI (G) Component of coating with open (G) Polyurethane acrylate use P±96±0880 03/29/96 06/27/96 CBI (G) Component of coating with open (G) Polyurethane acrylate use P±96±0881 03/29/96 06/27/96 CBI (G) Component of coating with open (G) Polyurethane acrylate use P±96±0882 03/29/96 06/27/96 CBI (G) Component of coating with open (G) Polyurethane acrylate use P±96±0883 03/29/96 06/27/96 CBI (G) Component of coating with open (G) Polyurethane acrylate use P±96±0884 03/29/96 06/27/96 CBI (G) Component of coating with open (G) Polyurethane acrylate use P±96±0885 03/29/96 06/27/96 CBI (G) Component of coating with open (G) Polyurethane acrylate use P±96±0886 03/29/96 06/27/96 CBI (G) Component of coating with open (G) Polyurethane acrylate use P±96±0887 03/29/96 06/27/96 CBI (G) Component of coating with open (G) Polyurethane acrylate use P±96±0888 03/29/96 06/27/96 CBI (G) Component of coating with open (G) Polyurethane acrylate use Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3959

II. 52 Notices of Commencement Received From: 03/01/96 to 03/31/96

Commence- Case No. Received Date ment/Import Chemical Date

P±92±1292 03/26/96 03/17/96 (S) Fatty acids, C16±18 and C18 unsaturated, branched and linear, distn. lights P±93±1056 03/01/96 02/23/96 (G) Polyester of aryl and alkyl dicarboxylic acids/anhydrides and cyclic diol P±94±0351 03/06/96 02/25/96 (G) Halogenated indane P±94±0460 03/29/96 03/13/96 (G) Phosphoric acid fatty alcohol polyethyleneglycol ester P±94±0987 03/14/96 11/30/95 (G) Unsaturated urethane acrylate P±94±1100 03/21/96 03/13/96 (G) Rosin, maleated, polymer with an alkylphenol, carboxylic acids, formaldehyde and a polyol P±94±1512 03/25/96 02/23/96 (G) Bis phenyl substituted urea P±95±0273 03/04/96 02/12/96 (S) A polymer of: 1,6-hexanediol; 2-ethyl-2(hydroxymethyl)-1,3-propanediol; 1,4- cyclohexane dicarboxylic acid; isophorone diisocyanate; hexahydrophthalic acid; 2- oxepanone P±95±0352 03/11/96 03/04/96 (G) An azo monochloro triazine reactive dye P±95±0435 03/12/96 02/22/96 (G) Substituted quinoline P±95±0782 03/08/96 03/07/96 (G) Substituted phenyl azo substituted phenyl amino ester P±95±0946 03/01/96 02/02/96 (G) Reaction product of 3-alkoxy-2,2-dialkylpropanol, 2-(alkylphenoxy)ethanol and dialkylcarbonate P±95±1028 03/22/96 02/25/96 (G) Bacillus thuringiensis delta entoxin genes P±95±1055 03/22/96 02/23/96 (G) Closs linked acrylic random copolymer P±95±1100 03/21/96 02/22/96 (G) Polymer of 1,2-ethanediol and aromatic esters P±95±1229 03/15/96 03/08/96 (G) Polyether polyurea urethane P±95±1362 03/12/96 02/21/96 (G) Substituted quinoline P±95±1507 03/26/96 03/11/96 (G) Modified diphenylmethane diisocyanate P±95±1511 03/26/96 01/23/96 (G) Monosubstituted tetrazole, salt P±95±1514 03/07/96 02/15/96 (S) A polymer of: 2,5-furandione; amines, C14±18±alkyl; octadecene; benzenesulfonic acid, 4-methyl; benzene carboperoxoic acid, 1,1-dimethylethyl ester P±95±1698 03/05/96 02/09/96 (G) Aliphatic acrylourethane oligomer P±95±1737 03/22/96 03/05/96 (G) Polyesteramine quat P±95±1834 03/22/96 03/11/96 (G) Polyester polyurethane P±95±1845 03/19/96 02/21/96 (S) Polymer of dehydrated castor oil; soybean oil; and pentaerythritol P±95±1950 03/11/96 03/05/96 (G) Phosphonate P±95±1952 03/26/96 03/18/96 (G) Diketo-pyrrolopyrrol P±95±1995 03/21/96 03/07/96 (G) Polyurethane P±95±2032 03/20/96 02/29/96 (G) Double metal cyanide complex P±95±2037 03/26/96 02/29/96 (G) Quaternary ammonium halide P±95±2039 03/26/96 03/05/96 (G) Monosubstituted cycloaliphatic isocyanate, urethane with hydroxyalkyl substituted heterocycle P±95±2065 03/08/96 02/12/96 (G) Anionic aliphatic polyurethane dispersion P±95±2074 03/11/96 02/02/96 (G) Unsaturated polymide and acid ester salts P±95±2114 03/06/96 02/28/96 (G) Benzenesulfonic acid, amino substituted phenyl soduim salt P±96±0012 03/12/96 03/04/96 (G) Polymeric colorant of 9,10-dihydro-9,10-dioxo-1,4-anthracenediamine P±96±0017 03/11/96 02/02/96 (G) High molecular weight carboxylic acid salts P±96±0024 03/08/96 02/16/96 (G) Modified acrylic polymer P±96±0032 03/05/96 02/21/96 (G) Monoalkenyl ester of methoxy-poly(ethylene glycol) P±96±0153 03/21/96 03/06/96 (G) Water-based polyurethane P±96±0155 03/06/96 02/23/96 (G) Epoxy resin-fatty acids copolymer P±96±0160 03/20/96 03/05/96 (G) Polyurethane adhesive P±96±0165 03/26/96 03/15/96 (G) Acrylate copolymer P±96±0173 03/14/96 02/24/96 (G) Propenyl amine, polymer P±96±0176 03/26/96 02/23/96 (G) Organosilane surface-treared silicate P±96±0182 03/15/96 03/06/96 (G) Complex reaction product of hydrogenated vegetable oil and synthetic C18 triglyceride P±96±0207 03/25/96 03/19/96 (G) Aralkylphenolic P±96±0208 03/25/96 03/19/96 (G) Propoxylated aralkyl phenolic P±96±0209 03/28/96 03/13/96 (G) Ammonium poly acrylate P±96±0225 03/19/96 03/06/96 (G) Substituted phthaloperine P±96±0236 03/27/96 03/26/96 (S) 1-Tridecyn-3-ol, 3-methyl- P±96±0237 03/27/96 03/26/96 (S) 3,5-tetrasiloxanediol,1,1,1,3,5,7,7,7-octamethyl P±96±0290 03/27/96 03/21/96 (G) Alkenal P±96±0299 03/27/96 03/26/96 (S) Polymer of: siloxanes and silicones, 3-[(2-aminoethyl)amino]propyl me, di-me, methoxy- terminated; poly(oxy-1,2-ethanediyl), .alpha. -butyl- .omega-. (oxiranylmethoxy)- 3960 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

List of Subjects Environmental protection, Premanufacture notices. Dated: January 7, 1997.

George A. Bonina, Acting Director, Information Management Division, Office of Pollution Prevention and Toxics. [FR Doc. 97–1876 Filed 1–24–97; 8:45 am] BILLING CODE 6560-50-P federal register January 27,1997 Monday Notices Certain Chemicals;Premanufacture Protection Agency Environmental Part IV 3961 3962 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: Under the notice that will be issued at regular AGENCY provisions of TSCA, EPA is required to intervals. publish notice of receipt and status In this notice, EPA shall provide a [OPPTS±51850; FRL±5575±5] reports of chemicals subject to section 5 consolidated report in the Federal reporting requirements. The notice Register reflecting the dates PMN Certain Chemicals; Premanufacture requirements are provided in TSCA requests were received, the projected sections 5(d)(2) and 5(d)(3). Specifically, Notices notice end date, the manufacturer or EPA is required to provide notice of importer identity, to the extent that such AGENCY: Environmental Protection receipt of PMNs and TME application information is not claimed as Agency (EPA). requests received. EPA also is required confidential and chemical identity, ACTION: Notice. to identify those chemical submissions for which data has been received, the either specific or generic depending on SUMMARY: Section 5 of the Toxic uses or intended uses of such chemicals, whether chemical identity has been Substances Control Act (TSCA) requires and the nature of any test data which claimed confidential. Additionally, in any person who intends to manufacture may have been developed. Lastly, EPA this same report, EPA shall provide a or import a new chemical to notify EPA is required to provide periodic status listing of receipt of new notices of and comply with the statutory reports of all chemical substances commencement. provisions pertaining to the undergoing review and receipt of EPA believes the new format of the manufacture or import of substances not notices of commencement. notice will be easier to understand by on the TSCA Inventory. Section 5 of A record has been established for this the interested public, and provides the TSCA also requires EPA to publish notice under docket number ‘‘[OPPTS– information that is of greatest interest to receipt and status information in the 51850]’’ (including comments and data the public users. Certain information Federal Register each month reporting submitted electronically as described provided in the earlier notices will not premanufacture notices (PMN) and test below). A public version of this record, be provided under the new format. The marketing exemption (TME) application including printed, paper versions of status reports of substances under requests received, both pending and electronic comments, which does not review, potential production volume, expired. The information in this include any information claimed as CBI, and summaries of health and safety data document contains notices received is available for inspection from 12 noon will not be provided in the new notices. from April 1, 1996 to April 30, 1996. to 4 p.m., Monday through Friday, EPA is not providing production ADDRESSES: Written comments, excluding legal holidays. The public identified by the document control record is located in the TSCA volume information in the consolidated number ‘‘[OPPTS–51850]’’ and the Nonconfidential Information Center notice since such information is specific PMN number, if appropriate, (NCIC), Rm. NEM–B607, 401 M St., SW., generally claimed as confidential. For should be sent to: Document Control Washington, DC 20460. this reason, there is no substantive loss Office (7407), Office of Pollution Electronic comments can be sent to the public in not publishing the data. Prevention and Toxics, Environmental directly to EPA at: Health and safety data are not Protection Agency, 401 M St., SW., Rm. [email protected] summarized in the notice since it is ETG–099 Washington, DC 20460. recognized as impossible, given the Comments and data may also be Electronic comments must be format of this notice, as well as the submitted electronically by sending submitted as an ASCII file avoiding the previous style of notices, to provide electronic mail (e-mail) to: use of special characters and any form meaningful information on the subject. [email protected]. Electronic of encryption. In those submissions where health and comments must be submitted as an The official record for this notice, as safety data were received by the Agency, ASCII file avoiding the use of special well as the public version, as described a footnote is included by the characters and any form of encryption. above will be kept in paper form. Manufacturer/Importer identity to Comments and data will also be Accordingly, EPA will transfer all indicate its existence. As stated below, accepted on disks in WordPerfect in 5.1 comments received electronically into interested persons may contact EPA file format or ASCII file format. All printed, paper form as they are received directly to secure information on such comments and data in electronic form and will place the paper copies in the studies. must be identified by the docket number official record which will also include For persons who are interested in data [OPPTS–51850]. No Confidential all comments submitted directly in not included in this notice, access can Business Information (CBI) should be writing. The official record is the paper be secured at EPA Headquarters in the submitted through e-mail. Electronic record maintained at the address in NCIC at the address provided above. comments on this notice may be filed ‘‘ADDRESSES’’ at the beginning of this Additionally, interested parties may online at many Federal Depository document. telephone the Document Control Office Libraries. Additional information on In the past, EPA has published at (202) 260–1532, TDD (202) 554–0551, electronic submissions can be found individual notices reflecting the status for generic use information, health and under ‘‘SUPPLEMENTARY of section 5 filings received, pending or safety data not claimed as confidential INFORMATION’’ of this document. expired, as well as notices reflecting or status reports on section 5 filings. FOR FURTHER INFORMATION CONTACT: receipt of notices of commencement. In Susan B. Hazen, Director, an effort to become more responsive to Send all comments to the address Environmental Assistance Division the regulated community, the users of listed above. All comments received (7408), Office of Pollution Prevention this information and the general public, will be reviewed and appropriate and Toxics, Environmental Protection to comply with the requirements of amendments will be made as deemed Agency, Rm. E–545, 401 M St., SW., TSCA, to conserve EPA resources, and necessary. Washington, DC, 20460, (202) 554–1404, to streamline the process and make it This notice will identify: (I) PMNs TDD (202) 554–0551; e-mail: TSCA- more timely, EPA is consolidating these received; and (II) Notices of [email protected]. separate notices into one comprehensive Commencement to manufacture/import. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3963

I. 140 Premanufacture Notices Received From: 04/01/96 to 04/30/96

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P±96±0874 04/01/96 06/30/96 Mitsubishi Chemical (G) Dyestuff for inkjet ink (G) Napthalene sulfonic acid deriva- America, Inc tive P±96±0875 04/01/96 06/30/96 CBI (S) Fuel additive; industrial lubricant (S) Amides, canola-oil additive P±96±0876 04/01/96 06/30/96 Kanzaki Specialty Pa- (S) Dye developer for thermal copy (S) Benzenesulfonamide, N,N- pers Inc. paper [methylenebis(4,1- phenyleneiminocarbonyl)]bis[4- methyl- P±96±0889 04/02/96 07/01/96 Ciba-Geigy Corpora- (G) Textile chemicals (G) Copper dicalicylidine complex tion P±96±0890 04/02/96 07/01/96 LG Chemical (S) Disperse dye for polyester (G) Styrrl disperse dye P±96±0891 04/03/96 07/02/96 CBI (G) Polymeric component of an ink or (G) Acrylic/aromatic copolymer coating P±96±0892 04/03/96 07/02/96 CBI (G) Polymeric component of an ink or (G) Ammonium salt of acrylic/aro- coating matic copolymer P±96±0893 04/03/96 07/02/96 CBI (G) Polymeric component of an ink or (G) Monoethanol amine salt of acrylic coating / aromatic copolymer P±96±0894 04/03/96 07/02/96 CBI (G) Polymeric component of an ink or (G) Dimethylaminoethanol salt of coating acrylic/aromatic copolymer P±96±0895 04/03/96 07/02/96 CBI (G) Polymeric component of an ink or (G) Morpholine salt of acrylic/aromatic coating copolymer P±96±0896 04/03/96 07/02/96 CBI (G) Polymeric component of an ink or (G) Sodium salt of acrylic/aromatic coating copolymer P±96±0897 04/03/96 07/02/96 Arizona chemical (G) Destructive use; odor enhancer (G) Terpene residue distillates P±96±0898 04/03/96 07/02/96 CBI (G) Polymeric component of an ink or (G) Acrylic/aromatic copolmer coating P±96±0899 04/03/96 07/02/96 CBI (G) Polymeric component of an ink or (G) Ammonium salt of an acrylic/aro- coating matic copolmer P±96±0900 04/03/96 07/02/96 CBI (G) Polymeric component of an ink or (G) Monoethanolamine salt of an coating acrylic/aromatic copolymer P±96±0901 04/03/96 07/02/96 CBI (G) Polymeric component of an ink or (G) Dimethylamino ethanol salt of an coating acrylic/aromatic copolymer P±96±0902 04/03/96 07/02/96 CBI (G) Polymeric component of an ink or (G) Morpholine salt of an acrylic/aro- coating matic copolymer P±96±0903 04/03/96 07/02/96 CBI (G) Polymeric component of an ink or (G) Sodium salt of an acrylic/ aro- coating matic copolymer P±96±0904 04/04/96 07/03/96 Gelest, Inc (S) Intermediate for production of (S) Silane, chlorobis(1-methylethyl) silanes used in surface treatment; pharmarentical intermediate; re- search purposes P±96±0905 04/04/96 07/03/96 Shell Chemical Com- (S) Non-ionic surfactant (S) Alcohol, C9±11, ethoxylated pany proproxylated P±96±0906 04/04/96 07/03/96 Shell Chemical Com- (S) Non-ionic surfactant (S) Oxirane, methyl-, polymer with pany oxirane, mono-undecyl ether P±96±0907 04/04/96 07/03/96 CBI (G) Binder; crosslinker (G) Alcohol, aldehyde, melamine re- action products P±96±0908 04/04/96 07/03/96 CBI (G) Binder; crosslinker (G) Alcohol, aldehyde, melamine re- action products P±96±0909 04/04/96 07/03/96 CBI (G) Binder; crosslinker (G) Alcohol, aldehyde, melamine re- action products P±96±0910 04/04/96 07/03/96 CBI (G) Binder; crosslinker (G) Alcohol, aldehyde, amide, mel- amine reaction products P±96±0911 04/04/96 07/03/96 CBI (G) Binder; crosslinker (G) Alcohol, aldehyde, glyceride, mel- amine reaction products P±96±0912 04/04/96 07/03/96 CBI (G) Binder; crosslinker (G) Alcohol, aldehyde, glyceride, mel- amine reaction products P±96±0913 04/04/96 07/03/96 CBI (G) Binder; crosslinker (G) Alcohol, aldehyde, melamine re- action products P±96±0914 04/04/96 07/03/96 CBI (G) Binder; crosslinker (G) Alcohol, aldehyde, melamine re- action products P±96±0915 04/04/96 07/03/96 CBI (G) Binder; crosslinker (G) Alcohol, aldehyde, melamine re- action products P±96±0916 04/04/96 07/03/96 Unitika America Cor- (S) Additive in polymer (S) Magnesium sodium fluoride sili- poration cate (mg5na2f4(si2o5)4) P±96±0917 04/05/96 07/04/96 Essex Specialty Prod- (S) Polymer used in sealant manufac- (G) Isocyanate terminated ucts, Inc. ture dicarboxylic acid based urethane oligomer P±96±0918 04/05/96 07/04/96 CBI (G) Coating material (G) Polycarbonate based poly- urethane urea P±96±0919 04/08/96 07/07/96 CBI (G) Waterproofing additive (G) Modified polymethyl siloxane 3964 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

I. 140 Premanufacture Notices Received From: 04/01/96 to 04/30/96ÐContinued

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P±96±0920 04/08/96 07/07/96 CBI (G) Industrial intermediate (G) Metalated alkylphenol copolymer compounded with pigments and binders which is heat treated when coated onto substrates (open, non- dispersive use: coating). P±96±0921 04/08/96 07/07/96 CBI (G) Chemical intermediate (destruc- (G) Substituted thiazole tive use) P±96±0922 04/09/96 07/08/96 CBI (G) Raw material for coatings for (G) Polyurethane resin plastics. P±96±0923 04/09/96 07/08/96 CBI (G) Film additive (G) Substituted thiazole P±96±0924 04/08/96 07/07/96 CBI (S) Coatings (G) Polymer of polyisocyanate with extended hydroxy esters of car- bamic acid and alcohol P±96±0925 04/08/96 07/07/96 CBI (S) Coatings (G) Polymer of polyisocyanate with extended hydroxy esters of car- bamic acid and alcohol P±96±0926 04/08/96 07/07/96 CBI (S) Coatings (G) Polymer of polyisocyanate with extended hydroxy esters of car- bamic acid and alcohol P±96±0927 04/08/96 07/07/96 CBI (S) Coatings (G) Polymer of polyisocyanate with extended hydroxy esters of car- bamic acid and alcohol. P±96±0928 04/08/96 07/07/96 CBI (S) Coatings (G) Polymer of polyisocyanate with extended hydroxy esters of car- bamic acid and alcohol P±96±0929 04/08/96 07/07/96 CBI (S) Coatings (G) Polymer of polyisocyanate with extended hydroxy esters of car- bamic acid and alcohol P±96±0930 04/08/96 07/07/96 CBI (S) Coatings (G) Polymer of polyisocyanate with extended hydroxy esters of car- bamic acid and alcohol P±96±0931 04/08/96 07/07/96 CBI (S) Coatings (G) Polymer of polyisocyanate with extended hydroxy esters of car- bamic acid and alcohol P±96±0932 04/08/96 07/07/96 CBI (S) Coatings (G) Polymer of polyisocyanate with extended hydroxy esters of car- bamic acid and alcohol P±96±0933 04/08/96 07/07/96 CBI (S) Coatings (G) Polymer of polyisocyanate with extended hydroxy esters of car- bamic acid and alcohol P±96±0934 04/08/96 07/07/96 CBI (S) Coatings (G) Polymer of polyisocyanate with extended hydroxy esters of car- bamic acid and alcohol P±96±0935 04/10/96 07/09/96 Thiokol Corporation (G) Destructive use as a pyrotechnic (S) Cobalt(3+), hexaammine-, (oc-6- fuel 11)-, trinitrate P±96±0936 04/11/96 07/10/96 CBI (S) Dye for petroleum fuels; dry for (G) 2 naphthalenol,1-[[phenyl azo] automotive transmission fliud; dry phenyl azo]-,alkyl derivatives for solvent based coatings and polishes P±96±0937 04/11/96 07/10/96 CBI (S) Dye for petroleum fuels; dry for (G) 2 naphthalenol,1-[[phenyl azo] automotive transmission fliud; dry phenyl azo]-,alkyl derivatives for solvent based coatings and polishes P±96±0938 04/10/96 07/09/96 CBI (G) Component fo dispersively ap- (G) Hexanedioic acid, polymer with plied adhesive 1,4-butanediol, 1,3- diisocyanatomethylbenzene, alkoxylated amines and 5- isocyanato-1-(isocyanatomethyl)- 1,3,3-trimethylcyclohexane, poly- ethylene glycol mono-me ether- blocked, methanesulfonate (salt), reaction products with alkyl amines P±96±0939 04/10/96 07/09/96 CBI (G) Lubricant additive (G) Substituted carboxylic acid P±96±0940 04/11/96 07/10/96 CBI (G) (G) Poly bd dimethacrylate P±96±0941 04/11/96 07/10/96 CBI (S) Site limited intermediate for the (G) Ceteareth-25 sorbate production of acrylic copolymer for eventual use in textile printing ap- plications Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3965

I. 140 Premanufacture Notices Received From: 04/01/96 to 04/30/96ÐContinued

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P±96±0942 04/11/96 07/10/96 Fairmount Chemical (S) Processing polycarbonates. poly- (S) Methanone, [5-[[3-(2H- Company, Inc. mer additives for ultraviolet sta- benzotriazol-2-yl)-2-hydroxy-5- bilization-high temperature; proc- (1,1,3,3- essing polyester terepthtalates ad- tetramethylbutyl)phenyl]methyl]-2- ditives for UV; processing nylon ad- hydroxy-4-(octyloxy)phenyl]phenyl- ditives for uv; processing for polyketones additives for UV; proc- essing for polysulfones additives for UV P±96±0943 04/12/96 07/11/96 3M Company (G) Binder resin (G) Caprolactone polyurethane P±96±0944 04/12/96 07/11/96 FMC Corporation (S) Manufacture of drug intermedi- (G) Organolithium ates; organic specialty chemical synthesis P±96±0945 04/12/96 07/11/96 E.I. du Pont de Ne- (G) Destructive use - intermediate (G) Hydrofluorochloroalkene mours & Company Inc P±96±0946 04/12/96 07/11/96 E.I. du Pont de Ne- (G) Destructive use - intermediate (G) Mixture of hydrochlorofluoro mours & Company alkanes and hydrochlorofluoro Inc alkene P±96±0947 04/12/96 07/11/96 E.I. du Pont de Ne- (G) Destructive use-intermediate (G) Mixture of hydrochlorofluoro mours & Company alkanes and hydrochlorofluoro Inc alkene P±96±0948 04/12/96 07/11/96 E.I. du Pont de Ne- (G) Destructive use - intermediate (G) Mixture of hydrochlorofluoro mours & Company alkanes and hydrochlorofluoro Inc alkene P±96±0949 04/15/96 07/11/96 BASF Corporation (S) Additive in feedstock products (G) 1,3-dioxepane polymer with 1,1′- used in injection molding com- [methylene bis(bis)[butane] pounds P±96±0950 04/15/96 07/11/96 BASF Corporation (S) Additive in feedstock products (G) Polymer of C13 C15 oxoalcohol used in injection molding com- ethoxolate and ammonia pounds P±96±0951 04/15/96 07/14/96 BASF Corporation (G) (G) Polymer of C13 C15 oxoalcohol ethorolate amine and maleic anhy- dride P±96±0952 04/16/96 07/15/96 CBI (G) Destructive use (G) Alkyl phenol P±96±0953 04/16/96 07/15/96 CBI (G) Destructive use (G) Alkyl phenol P±96±0954 04/16/96 07/15/96 CBI (G) Destructive use (G) Alkyl phenol P±96±0955 04/16/96 07/15/96 CBI (G) Destructive use (G) Alkyl phenol P±96±0956 04/16/96 07/15/96 CBI (G) Destructive use (G) Alkyl phenol P±96±0957 04/16/96 07/15/96 CBI (G) Destructive use (G) Alkyl phenol P±96±0958 04/16/96 07/15/96 CBI (G) Destructive use (G) Alkyl phenol P±96±0959 04/16/96 07/15/96 CBI (G) Destructive use (G) Alkyl phenol P±96±0960 04/15/96 07/08/96 Dystar I.P (S) Dispersing agent for aqueous (G) Substituted caster oil, polymer dyestuff formulations with ethylene oxide P±96±0961 04/15/96 07/14/96 Amoco Corporation (S) Polymer flow modification additive (G) Poly(aromatic ester) electronic device encapsulation P±96±0962 04/15/96 07/14/96 CBI (G) Thickening compound for (G) Hydrophobically modified acrylate agueoes systems copolymer, sodium salt P±96±0963 04/17/96 07/16/96 Essex Specialty Prod- (S) Polymer catalyst used in sealant (G) Isocyanate function polypropylene ucts, Inc manufacturing and polyethylene catalyst P±96±0964 04/16/96 07/15/96 Ausimont USA Inc (S) Foam blowing agent cfc-11/cfc- (G) Hcfc 141b 113 solvent replacement P±96±0965 04/17/96 07/16/96 Great Lakes Chemical (G) Flame retardant for polymers (G) Brominated phthalate diol Corporation P±96±0966 04/15/96 07/14/96 CBI (G) Destructive use (G) Bis-disubstituted phenylazo sub- stituted sulfonaphthyl azo diphenylamine monosulfonic acid, sodium salt P±96±0967 04/18/96 07/17/96 CBI (G) An orange pigment (G) Crystal red per submitter P±96±0968 04/17/96 07/16/96 CBI (G) Open, non-dispersive use (G) Epoxy-amine adduct salt P±96±0969 04/17/96 07/16/96 CBI (G) Open, non-dispersive use (G) Epoxy-amine adduct salt P±96±0970 04/17/96 07/16/96 CBI (G) Open, non-dispersive use (G) Epoxy-amine adduct salt. P±96±0971 04/18/96 07/17/96 Essex Specialty Prod- (S) Polymer used in sealant manufac- (G) Isocyanate terminated ucts, Inc turing polyalkylene oxide urethane oligomer P±96±0972 04/17/96 07/16/96 CBI (G) One ingredient of the developer (G) Thermosetting acrylic silicone for the xerographic machine resin P±96±0973 04/17/96 07/16/96 Mitsubishi Chemical (S) Semi-conductor cleaning solution (G) Quaternary ammonium salt Industries America, Inc 3966 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

I. 140 Premanufacture Notices Received From: 04/01/96 to 04/30/96ÐContinued

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P±96±0974 04/18/96 07/17/96 CBI (G) Additive, open, non-dispersive (G) Dialkylaminoethanol, compounds use with phosphoric acid ester P±96±0975 04/18/96 07/21/96 CBI (G) Open non-dispersive use (G) Bis-disubstituted phenylazo sub- stituted sulfonaphthyl azo diphenylamine monosulfonic acid, mixed salt P±96±0976 04/19/96 07/18/96 Essex Specialty Prod- (S) Polymer used in sealant manufac- (G) Isocyanate terminated ucts, Inc. ture dicarboxylic acid based urethane oligomer P±96±0977 04/23/96 07/22/96 Ciba-Geigy Corpora- (G) Paper dye (G) Substituted triazinyl naphthalene tion sulfonic acid derivative P±96±0978 04/23/96 07/22/96 CBI (G) Raw material for uv coatings for (G) Isophorome diisocyanate, poly- industrial wood applications mer with polyether, maleic angydride, epoxy resin, trimethylol propane and 2-hydroxyethyl acry- late P±96±0979 04/22/96 07/21/96 CBI (G) Destructive use (G) Substituted aromatic hafnium di- chloride P±96±0980 04/22/96 07/21/96 CBI (G) Contained use (G) Aromatic substituted hafnium di- methyl P±96±0981 04/22/96 07/21/96 BASF Corporation (S) Fuel (gasoline) additive (G) Organic alcohaol, alkoxylated P±96±0982 04/23/96 07/22/96 CBI (G) Non-dispersive use (G) Blocked aromatic iscocyanate P±96±0983 04/23/96 07/22/96 CBI (G) Open, non-dispersive use (G) Styrene-acrylic copolymer P±96±0984 04/23/96 07/22/96 CBI (G) Polyolefin catalyst precursor (G) Mixed magnesium transition metal alkoxide P±96±0985 04/23/96 07/22/96 Unichema North (S) Lubricant base fluid (S) Isooctadecanoic acid, 2- America octyldodecyl ester P±96±0986 04/23/96 07/22/96 CBI (S) A pigment wetting agent in lipstick (S) 2-propenoic acid, 3-phenyl-, 1- methylheptyl ester P±96±0987 04/23/96 07/22/96 CBI (G) Thermosetting resin for manufac- (G) Phenol, polymer with formalde- ture of wood building materials hyde and substituted resorcinols P±96±0988 04/23/96 07/18/96 CBI (G) Thermosetting resin for manufac- (G) Phenol, polymers with formalde- ture of wood building materials hyde and substituted resorcinols P±96±0989 04/23/96 07/18/96 CBI (G) Thermosetting resin for manufac- (G) Phenol, polymers with formalde- ture of wood building materials hyde and substituted resorcinols P±96±0990 04/23/96 07/22/96 CBI (G) Raw material for manufacture of (G) Substituted resorcinols adhesive for woood building prod- ucts. P±96±0991 04/23/96 07/22/96 CBI (G) Raw material for manufacture of (G) Substituted resorcinols adhesive for wood building prod- ucts. P±96±0992 04/23/96 07/22/96 CBI (G) Raw material for manufacture of (G) Substituted resorcinols adhesive for wood building prod- ucts. P±96±0993 04/23/96 07/22/96 CBI (G) Paint (G) Polyester polyol P±96±0994 04/23/96 07/22/96 CBI (G) Paint (G) Polyester polyol P±96±0995 04/23/96 07/22/96 Callaway Chemical (S) Flocculant for dewatering sludges (G) Modified cationic polyacrylamide Company in industrial and municipal waste streams; process aid in paper man- ufacturing P±96±0996 04/24/96 07/23/96 CBI (G) Synthetic base stock (G) Branched alkanes P±96±0997 04/24/96 07/23/96 CBI (G) Synthetic base stock (G) Branched alkanes P±96±0998 04/24/96 07/23/96 CBI (G) Synthetic base stock (G) Branched alkanes P±96±0999 04/24/96 07/23/96 CBI (G) Synthetic base stock (G) Branched alkanes P±96±1000 04/24/96 07/23/96 3m company (G) Binder resin (G) Caprolactone polyurethane P±96±1001 04/18/96 07/17/96 Hercules incorporated (G) A reaction intermediate which will (G) Aromatic modified hydrocarbon be hydrogenated and thereby con- resin verted to a tackifier resin P±96±1002 04/18/96 07/17/96 Hercules incorporated (G) A reaction intermediate which will (G) Aromatic modified hydrocarbon be hydrogenated and thereby con- resin verted to a tackifier resin P±96±1003 04/18/96 07/17/96 Hercules Incorporated (G) Industrial use - open non-disper- (G) Hydrogenated hydrocarbon resin sive use P±96±1004 04/18/96 07/17/96 Hercules incorporated (G) Industrial use-open non-disper- (G) Hydrogenated hydrocarbon resin sive use Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3967

I. 140 Premanufacture Notices Received From: 04/01/96 to 04/30/96ÐContinued

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P±96±1005 04/24/96 07/23/96 CBI (S) Graphic arts printing plate (G) Propanol, [(1-methyl-1,2- ethanediyl)bis(oxy)]bis-, polymer with dipropylene glycol; ethanylene oxide, hydroxy-terminated polybutadiene, 1,′-methylenebis- [isocyanatobenzene], hydroxy alkyl amine, alkyl methacryalate and pro- pylene oxide P±96±1006 04/25/96 07/24/96 Degussa Corporation (G) Water treatment chemical/ inter- (S) 1,3-dioxolane, 2-ethenyl- mediate in chemical synthesis P±96±1007 04/25/96 07/24/96 Unichema North (S) Industrial cleaning commercial (S)Isooctadecanoic acid, 2-(1- America textile cleaning emulsion polym- carboxyethoxy)-1-methyl-2-oxoethyl erization ester, sodium salt P±96±1008 04/25/96 07/24/96 CBI (G) Component in uv cure release (G) Methacryloxy functional silicone coatings (for adhesive tape back- fluid ing) P±96±1009 04/26/96 07/25/96 CBI (S) Chemical intermediate for the pro- (S) 5-butyl-2-chloro-5-ethyl,-1,3,2- duction of an antioxidant/ stabilizer. dioxaphosphorinane P±96±1010 04/26/96 07/25/96 CBI (S) Sulfur dye intermediate (G) Substituted indophenol P±96±1011 04/26/96 07/25/96 CBI (S) Sulfur dye intermediate (G) Substituted indophenol P±96±1012 04/26/96 07/25/96 CBI (S) Sulfur dye for the dyeing of cel- (G) Amino-substituted-carbopolycycle, lulosic fibers reaction product with sodium polysulfide, oxidized P±96±1013 04/26/96 07/25/96 CBI (S) Leuco sulfur dye for the dyeing of (G) Amino-substituted-carbopolycycle, cellulosic fibers; intermediate used reaction product with sodium onsite to make oxidized form polysulfide P±96±1014 04/30/96 07/29/96 Wacker Silicones Cor- (G) Additive for thermosets and ther- (G) Polydimethylsiloxane poration moplastics polymethylmethaxrylate graft co- polymer P±96±1015 04/29/96 07/28/96 CBI (G) Colorant (G) Polyoxyalkylene, alkylene succi- nate polyester P±96±1016 04/29/96 07/28/96 CBI (G) Colorant (G) Polyoxyalkylene, alkylene succi- nate polyester P±96±1017 04/29/96 07/28/96 CBI (G) Colorant (G) Polyoxyalkylene, alkylene succi- nate polyester P±96±1018 04/29/96 07/28/96 CBI (G) Colorant (G) Polyoxyalkylene, alkylene succi- nate polyester P±96±1019 04/29/96 07/28/96 CBI (G) Colorant (G) Polyoxyalkylene, alkylene succi- nate polyester P±96±1020 04/29/96 07/28/96 CBI (G) Colorant (G) Polyoxyalkylene, alkylene succi- nate polyester P±96±1025 04/30/96 07/29/96 CBI (S) Corrosion inhibitor sumpside addi- (G) Alkanolamines and boric acid, re- tive action products with fatty acids P±96±1026 04/30/96 07/29/96 CBI (S) Corrosion inhibitor sumpside addi- (G) Alkanolamines and boric acid, re- tive action products with fatty acids P±96±1049 04/23/96 07/22/96 Goldschmidt Chemical (G) Open, none dispersive use (G) Alkyl modified polyacrylate Corporation P±96±1050 04/23/96 07/22/96 Goldschmidt Chemical (G) Open, none dispersive use (G) Alkyl modified polyacrylate Corporation P±96±1051 04/30/96 07/29/96 Hercules Incorporated (G) Papermaking production aid (G) Epichlorohydrin modified poly- amide polyamide-polyvinyl alcohol

II. 64 Notices of Commencement Received From: 04/01/96 to 04/30/96

Commence- Case No. Received Date ment/Import Chemical Date

P±92±0243 04/01/96 03/18/96 (G) Diene copolymers P±92±1110 04/26/96 04/12/96 (S) Triisopropylortho formate P±93±0294 04/01/96 03/08/96 (G) Cuprate (3), 2[[[(substituted)azo]phenylmethyl]azo-4-sulfobenzoato (5-)], salt P±93±0354 04/04/96 05/06/93 (S) Fatty acids, C18-unsaturated, trimers, compound with 9-octadecen-1-amine, (z)- P±93±0894 04/02/96 03/15/96 (G) Disubstituted amino phenyl azoheterocyclic propanamide P±93±1255 04/01/96 03/06/96 (G) Reaction product of metallic alkyls and polysiloxanes P±93±1256 04/01/96 03/06/96 (G) Reaction product of metallic alkyls, polysiloxanes and transition metal compounds P±94±0688 04/22/96 03/28/96 (G) Aliphatic diol polyester P±94±1225 04/23/96 03/27/96 (G) Thermoplastic polyurethane elastomer resin P±94±1449 04/01/96 03/06/96 (G) Aluminum complex to enhance catalytic activity P±94±1939 04/18/96 04/04/96 (G) Polyester diol 3968 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

II. 64 Notices of Commencement Received From: 04/01/96 to 04/30/96ÐContinued

Commence- Case No. Received Date ment/Import Chemical Date

P±94±1961 04/08/96 03/07/96 (G) Ethylene interpolymer P±95±0116 04/22/96 04/10/96 (G) Cleaning detergent P±95±0117 04/22/96 04/10/96 (G) Cleaning detergent P±95±0188 04/16/96 04/01/96 (G) Polyaryl and alkyl substituted 1,3-dioxane P±95±0423 04/01/96 03/08/96 (G) Amine epoxy curing agent P±95±0475 04/30/96 02/27/96 (G) 1-Methyl-4-substituted pyrazole-5-sulfonamide P±95±0624 04/30/96 01/05/96 (G) Acrylic resin salt P±95±0636 04/08/96 03/23/96 (G) Modified phenylene ether polymer P±95±0753 04/03/96 03/19/96 (G) Substituted nitrobenzene, reaction product with sodium polysulfide, substituted aldehyde, and substituted amine, acidified, oxodized P±95±0754 04/03/96 03/26/96 (G) Substituted nitrobenzene, reaction product with sodium polysulfide, substituted aldehyde, and substituted amine, reduced P±95±0825 04/23/96 04/09/96 (S) A polymer of: sunflower fatty acid; trimethylolpropane; pentaerythritol; benzoic acid; phthalic acid anhydride; versatic acid glycidylester P±95±0872 04/25/96 03/26/96 (S) 4-[3-(3,5-di-t-butyl-4-hydroxyphenyl) propionyloxy]-1-[2-[3,5-di-t-butyl-4-hydroxyphenyl) propionyloxy] ethyl]-2,2,6,6-tetramethyl-piperidine P±95±1469 04/15/96 03/29/96 (G) Polyurethane polyacrylic resin P±95±1731 04/01/96 03/13/96 (G) Perhaloacid halide P±95±1748 04/12/96 04/02/96 (G) Styrene acrylic polymer P±95±1799 04/24/96 03/24/96 (G) Polymeric colorant P±95±1847 04/23/96 04/09/96 (G) Polymers 1,2,3,5,6,7: poly(alkylene oxides), polyesters with maleic anhydride, diol modified; polymer 4: poly(alkylene oxides), polyesters with maleic anhydride and phthalic anhydride, diol modified P±95±1869 04/30/96 04/06/96 (G) Triphenylmethane inner salt, alkoxylated P±95±1887 04/15/96 03/20/96 (G) Copper ammonium bitetrazole complex P±95±1946 04/23/96 03/27/96 (G) Alkylated indenyl silane P±95±1947 04/23/96 04/02/96 (G) Substituted zirconocene dichloride P±95±1948 04/23/96 03/28/96 (G) Lithiated indenyl silane P±95±1957 04/05/96 03/29/96 (G) Substituted butadiene styrene copolymer P±95±1994 04/26/96 04/24/96 (G) Substituted bis(phenyl)isobenzofuranone P±95±2046 04/05/96 02/16/96 (G) Substituted alkyl methacrylates P±95±2097 04/30/96 04/10/96 (G) Polyaminoketone prepolymer P±95±2100 04/16/96 03/22/96 (S) Benzeneacetamide, 4-hydroxy- P±95±2102 04/08/96 03/25/96 (G) Alktlalkoxy siloxane P±95±2116 04/18/96 04/08/96 (G) Polyurethane adhesive P±95±2118 04/18/96 02/16/96 (G) Polyurethane adhesive P±96±0006 04/15/96 01/04/96 (G) Polyethylene terephthalate copolymer containing lithium sulfo isophthalate P±96±0016 04/29/96 04/22/96 (S) Soybean oil, polymer, oxidized, bisulfited, sodium salts P±96±0126 04/03/96 03/07/96 (G) Polyester resin P±96±0133 04/08/96 03/13/96 (G) Ethylene interpolymer P±96±0137 04/03/96 03/04/96 (G) Substituted tripheno dioxazinedisulfonic acid salt P±96±0157 04/30/96 04/24/96 (G) Oxirane, alkyl-, polymer with diisocyantomethyl benzene, hydro-hyroxy poly(oxy-1,4- butanediyl), hydroxy poly[oxy(methyl-1,2-ethanediyl)]and hydroxy alkyl methacrylate- blocked P±96±0167 04/22/96 04/01/96 (G) Isophorone diurethane P±96±0199 04/01/96 03/24/96 (G) Mixed sodium/lithium salt of a substituted naphthalene disulfonic acid P±96±0232 04/22/96 03/21/96 (G) Modified acrylic polymer P±96±0235 04/22/96 03/19/96 (G) Polyurethane P±96±0238 04/01/96 03/24/96 (G) An azo monochloro triazine reactive dye P±96±0240 04/09/96 04/01/96 (G) Polyamide-styrenic elastomer block copolymer P±96±0241 04/09/96 04/01/96 (G) Polyamide polyolefin block copolymer P±96±0242 04/09/96 04/01/96 (G) Polyamide polyphthalamide block copolymer P±96±0265 04/18/96 04/10/96 (G) Trialkoxy substitute alkane P±96±0277 04/09/96 04/03/96 (S) Polymer of 1,2-ethanediamine, N-(2-aminoethyl)N′-[2-[(2-aminoethyl)amino]ethyl]-; a- (oxiranylmethyl)-w-(oxiranylmethoxy) poly [oxy (methyl-1,2-ethanediyl)]; oxirane,2,′-[(1- methylethylidene) bis(4,1-phenyleneoxymethylene)] bis-; oxirane,2,2′-[methylenebis (4,1- phenyleneoxymethylene)]bis-; oxirane,[(2-methylphenoxy) methyl]-; 1,2- ethanediamine,N,N′-bis(2-aminoethyl)- P±96±0302 04/16/96 04/09/96 (G) Poly(hydroxyphenyl) alkene P±96±0316 04/24/96 04/22/96 (G) Epoxy resin-fatty acids copolymer P±96±0339 04/30/96 04/12/96 (G) Polyurethane adhesive P±96±0340 04/29/96 04/10/96 (G) Polyurethane adhesive P±96±0356 04/26/96 04/18/96 (G) Polyurethane P±96±0411 04/22/96 04/16/96 (G) Amino epoxy microgel Y±95±0087 04/16/96 04/11/96 (S) 1,3-butadiene, homopolymer, hydrogenated hydroxy-terminated, fatty acids, montan wax diesters Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3969

List of Subjects Environmental protection, Premanufacture notices. Dated: January 7, 1997.

George A. Bonina, Acting Director, Information Management Division, Office of Pollution Prevention and Toxics. [FR Doc. 97–1877 Filed 1–24–97; 8:45 am] BILLING CODE 6560±50±F federal register January 27,1997 Monday Rulemaking; Notice Requirements andNegotiated ProgramÐNotice ofTransition Native AmericanHousingBlockGrant Development Housing andUrban Department of Part V 3971 3972 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices

DEPARTMENT OF HOUSING AND numbers. Indian tribes or tribally Indian tribes and Indian housing URBAN DEVELOPMENT designated housing entities with authorities under the United States specific questions relating to the Housing Act of 1937 and other related [Docket No. FR±4170±N±03] preparation of Indian Housing Plans as provisions of law to the provision of Native American Housing Block Grant required by this notice may call their assistance in accordance with ProgramÐNotice of Transition local Office of Native American NAHASDA. Second, the notice must Requirements and Negotiated Programs for assistance in resolving include a general notice of proposed Rulemaking their questions. The telephone numbers rulemaking (for purposes of section and addresses for these Offices appear 564(a) of title 5, United States Code) of AGENCY: Office of the Assistant in a table published in section II. of this the final regulations to carry out Secretary for Public and Indian notice, below. NAHASDA. Finally, the notice is to Housing, HUD. invite public comments regarding the SUPPLEMENTARY INFORMATION: ACTION: Notice of transition transition requirements and final requirements and negotiated I. General Statutory and Regulatory regulations to carry out the new rulemaking. Background legislation. Except for the request for The Native American Housing comments, which requires no further SUMMARY: This notice implements that Assistance and Self-Determination Act elaboration, these requirements are part of section 106 of the Native of 1996 (NAHASDA) (Pub. L. 104–330, addressed in separate sections of this American Housing Assistance and Self- approved October 26, 1996) reorganizes notice below. Determination Act of 1996 (NAHASDA) On January 7, 8, 9, 14, 15, and 16, a the system of Federal housing assistance (Pub. L. 104–330, approved October 26, series of meetings was held with tribal to Native Americans by eliminating 1996) which requires HUD to publish a representatives and HUD staff in the several separate programs of assistance notice establishing requirements National Office of HUD’s Office of and replacing them with a single block necessary to provide for the transition Native American Programs to discuss grant program. Beginning on October 1, from the provision of assistance for the regulatory implementation of 1997, the first day of the 1998 fiscal year Indian tribes and Indian housing NAHASDA. These meetings were (FY), a single block grant program will authorities under the United States preliminary to the formal negotiated replace assistance previously authorized Housing Act of 1937 (the 1937 Act) and rulemaking to be initiated under this under the United States Housing Act of other related provisions of law to the notice following the 30-day comment 1937; the Indian Housing Child provision of assistance in accordance period. The January meetings provided Development Program under Section with NAHASDA. It also provides notice a valuable exchange of ideas that will 519 of the Cranston-Gonzalez National of the negotiated rulemaking process for assist in focusing the efforts of the Affordable Housing Act (12 U.S.C. the development of regulations negotiated rulemaking committee. 1701z–6 note); the Youthbuild Program necessary to implement the program. under subtitle D of title IV of the II. Transition Requirements DATES: IHP submission date: Indian Cranston-Gonzalez National Affordable The transition requirements that are Housing Plans must be submitted no Housing Act (42 U.S.C. 12899 et seq.); necessary are those that relate to the later than June 1, 1997. the Public Housing Youth Sports initial distribution of funding under the Comment due date: February 26, Program under section 520 of the new legislation and those that provide 1997. Cranston-Gonzalez National Affordable guidance for the treatment of activities Nomination for committee Housing Act (42 U.S.C. 11903a); the and funding under programs repealed membership date: February 26, 1997. HOME Investment Partnerships Program by NAHASDA. Although final Effective date of NAHASDA section under title II of the Cranston-Gonzalez regulations are required to be issued not 701(c): October 1, 1997. National Affordable Housing Act (42 later than September 1, 1997, the ‘‘old’’ ADDRESSES: Interested persons are U.S.C. 12721 et seq.); and housing system of funding expires on October 1, invited to submit comments regarding assistance for the homeless under title 1997, the first day of Fiscal Year 1998, this notice to the Rules Docket Clerk, IV of the Stewart B. McKinney and Indian Housing Plans (IHPs), which Office of General Counsel, Room 10276, Homeless Assistance Act (42 U.S.C. are a prerequisite for any distribution of Department of Housing and Urban 11361 et seq.) and the Innovative funds under NAHASDA, must be Development, 451 Seventh Street, SW., Homeless Demonstration Program under submitted before the block grant Washington, DC 20410–0500. section 2(b) of the HUD Demonstration funding is provided. To ensure that Communications should refer to the Act of 1993 (42 U.S.C. 11301 note). In there is sufficient time for tribes to above docket number and title. addition to simplifying the process of prepare their IHPs, and for HUD to Facsimile (FAX) comments are not providing housing assistance, the review them, the requirements for the acceptable. A copy of each purpose of NAHASDA is to provide information that must be included in communication submitted will be Federal assistance for Indian tribes in a IHPs and the timetable for their available for public inspection and manner that recognizes the right of submission are a focus of the transition copying between 7:30 a.m. and 5:30 tribal self-governance. requirements in this notice. Similarly, p.m. weekdays at the above address. Section 106 of NAHASDA sets out the providing guidance for the treatment of FOR FURTHER INFORMATION CONTACT: general procedure for the activities and funding under programs Dominic Nessi, Deputy Assistant implementation of the Native American repealed by NAHASDA permits tribes Secretary for Native American Housing Block Grant Program. The and IHAs to have the greatest amount of Programs, Office of Native American procedure calls for the publication of a time available under the new law to Programs, Department of Housing and notice in the Federal Register not later consider and prepare for the transition Urban Development, 1999 Broadway, than 90 days after enactment. The notice from the ‘‘old’’ programs to the new Suite 3390, Denver, CO; telephone (303) must satisfy three requirements. First, it Indian Housing Block Grant Program. 675–1600 (voice) or 1–800–877–8339 must establish any requirements Both the IHP transition requirements (TTY for speech or hearing impaired necessary to provide for the transition and those that provide guidance for the individuals). These are not toll-free from the provision of assistance for treatment of activities and funding Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3973 under programs repealed by NAHASDA has delegated to the TDHE the authority geographical distribution of assistance is are set out in a Question and Answer to submit an IHP without prior review consistent with the geographical needs format and follow below in this section by the tribe. and needs for various categories of II of the notice. It is important to note An IHP submitted by a TDHE may housing assistance; and that any final regulations issued under cover more than one Indian tribe, but (2) A description of the estimated NAHASDA may differ in some respects only if the IHP contains the certification housing needs for all Indian families in from these transition requirements, and described in the paragraph above from the jurisdiction. comment is specifically invited on these each tribe covered by the IHP. This (c) Financial Resources—An transition requirements and how they option provides additional flexibility by operating budget for the recipient that may be improved. Based upon permitting several tribes to agree to have includes: comments and concerns brought to the their affordable housing activities (1) An identification and a description attention of the Department, HUD may administered by a single TDHE for of the financial resources reasonably also issue a supplemental notice with reasons of greater economy or increased available to the recipient to carry out the additional transition guidance and efficiency, or for any other reason. NAHASDA-eligible affordable housing requirements. Question 3. What information must be activities described in the IHP, Question 1. How is funding made included in an IHP? including an explanation of the manner available under NAHASDA? Answer 3. Every IHP consists of two in which amounts made available will Answer 1. Under NAHASDA, funding parts, a 5-year plan and a 1-year plan, leverage additional resources; and is made available for affordable housing each of which is discussed separately (2) The uses to which such resources activities on an annual basis, and is below. will be committed, including eligible distributed each fiscal year according to The 5-year plan must contain the affordable housing activities and an allocation formula on behalf of following information for the 5-year administrative expenses. (Section 101(h) Indian tribes who submit an Indian period beginning with the fiscal year of NAHASDA requires HUD, by Housing Plan (IHP) that is reviewed and (FY) for which the plan is submitted (for regulation, to authorize each recipient to approved by HUD. Unlike other the first IHP submission under the use a percentage of any grant amounts programs, NAHASDA funds are not transition requirements of this notice, received for any reasonable awarded on a competitive basis in the five fiscal years covered are 1998, administrative and planning expenses of which applications are given scores and 1999, 2000, 2001 and 2002): the recipient relating to carrying out are then funded in rank order so that (a) Mission Statement—A general NAHASDA and activities assisted with only the highest scoring applications are statement of the mission of the Indian such amounts, which may include costs funded. Every tribe, or entity designated tribe to serve the housing needs of the for salaries of individuals engaged in by a tribe, that submits an IHP which low-income families in the jurisdiction administering and managing affordable complies with the necessary of the Indian tribe during the 5-year housing activities assisted with grant requirements is awarded a block grant period. amounts and expenses of preparing an which is a share of the available funds. (b) Goals and Objectives—A statement IHP. This regulation will be developed The size of the share is determined by of the goals and objectives of the Indian by the negotiated rulemaking committee the allocation formula. The award is tribe to enable the tribe to serve the who will be proposing to HUD the called a block grant because the needs identified in the Mission percentage of grant amounts to be used recipient receives a single ‘‘block’’ of Statement during the 5-year period. for planning and administrative funds that may be used for any eligible (c) Activities Plan—An overview of expenses. affordable housing activities in the housing activities, including the (d) Affordable Housing Resources—A accordance with the tribe’s IHP. NAHASDA-eligible affordable housing statement of the affordable housing Question 2. Who may submit an IHP activities, planned during the 5-year resources currently available and to be to apply for a block grant? period with an analysis of the manner made available during FY 1998, Answer 2. An IHP may be submitted in which the activities will enable the including: by an Indian tribe or, if specifically tribe to meet its mission, goals, and (1) A description of the significant empowered by the recognized tribal objectives. characteristics of the housing market in government, by the tribally designated The 1-year plan must contain the the tribe’s jurisdiction, including the housing entity for the tribe. A tribally following information relating to the availability of housing from other public designated housing entity (TDHE) is an upcoming fiscal year (FY 1998 for sources, private market housing, and the entity other than the tribal government purposes of the first IHP submission manner in which such characteristics which is authorized by the Indian tribe under the transition requirements of this influence the decision of the recipient to to receive the block grant amounts and notice): use grant amounts for rental assistance, provide assistance according to the (a) Goals and Objectives—A statement production of new units, acquisition of requirements of NAHASDA. If a tribe of the goals and objectives to be existing units, or rehabilitation of units; does not specifically authorize an entity accomplished during FY 1998, (2) A description of the structure, to act as its tribally designated housing including the NAHASDA-eligible coordination, and means of cooperation entity, the tribe’s Indian housing affordable housing activities. between the recipient and any other authority (HA) under the United States (b) Statement of Needs—A statement governmental entities in the Housing Act of 1937, if there is one on of the housing needs of the low-income development, submission, or the date of NAHASDA’s enactment, is Indian families residing in the implementation of housing plans, the tribe’s TDHE. jurisdiction of the Indian tribe and the including a description of the When an IHP is submitted on behalf means by which such needs will be involvement of private, public, and of a tribe by its TDHE, the IHP must addressed during FY 1998, including: nonprofit organizations and institutions, contain a certification by the recognized (1) A description of the estimated and the use of loan guarantees under tribal government that either (1) The housing needs and the need for section 184 of the Housing and tribe has had an opportunity to review assistance for the low-income Indian Community Development Act of 1992, the IHP and has authorized its families in the jurisdiction, including a and other housing assistance provided submission by the TDHE, or (2) the tribe description of the manner in which the by the Federal Government for Indian 3974 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices tribes, including loans, grants, and activities funded by NAHASDA, to the shelter rent and the utility cost, or such mortgage insurance; extent that such title is applicable, and lesser amount as: (3) A description of the manner in other applicable Federal statutes; (A) Is prescribed by State, tribal, or which the plan will address the needs (2) A certification that the recipient local law; identified in the Statement of Needs in will maintain adequate, meaning (B) Is agreed to by the local governing the 1-year plan required by paragraph sufficient to cover replacement costs, body in the local cooperation (b), above; insurance coverage for housing units agreement; or (4) A description of the manner in that are owned and operated or assisted (C) The recipient and the local which the recipient will protect and with grant amounts; governing body agree in the local maintain the viability of housing owned (3) A certification that policies are in cooperation agreement that such user and operated by the recipient that was effect and are available for review by fees or payments in lieu of taxes shall developed under a contract between HUD and the public governing: not be made; or HUD and an Indian housing authority (i) The eligibility, admission, and (iii) If the affordable housing assisted pursuant to the United States Housing occupancy of families for housing with grant amounts received by the Act of 1937; assisted with grant amounts; recipient (exclusive of any portions not (5) A description of any existing and (ii) Rents charged, including the assisted with amounts provided under anticipated homeownership programs methods by which rents or homebuyer NAHASDA) is not exempt from all real and rental programs to be carried out payments are determined, for housing and personal property taxes levied or during FY 1998, and the requirements assisted with grant amounts; imposed by any State, tribe, city, (iii) The management and and assistance available under such county, or other political subdivision, maintenance of housing assisted with programs; that the tribe, State, city, county, or grant amounts provided under this Act; (6) A description of any existing and other political subdivision in which the (4) If an IHP is submitted on behalf of anticipated housing rehabilitation affordable housing development is a tribe by its tribally designated housing programs necessary to ensure the long- located contributes, in the form of cash authority (TDHE), the IHP must contain term viability of the housing to be or tax remission, the amount by which a certification by the recognized tribal carried out during FY 1998, and the the taxes paid with respect to the requirements and assistance available government that either: (i) The tribe has had an opportunity development exceed the amounts under such programs; prescribed in section (6)(ii) of the 1-year (7) A description of all other existing to review the IHP and has authorized its plan requirements, above. or anticipated housing assistance submission by the TDHE, or Question 4. What are the affordable provided by the recipient during FY (ii) The tribe has delegated to the housing activities that are eligible for 1998, including transitional housing, TDHE the authority to submit an IHP funding under NAHASDA? homeless housing, college housing, without prior review by the tribe; Answer 4. Affordable housing supportive services housing, and the (5) If an IHP that covers more than activities are activities to develop or to requirements and assistance available one Indian tribe is submitted by a support affordable housing for rental or under such programs; TDHE, each tribe covered by the IHP (8) A description of any housing to be must submit as part of the IHP the homeownership, or to provide housing demolished or disposed of, and a certification described in paragraph (4), services with respect to affordable timetable for such demolition or immediately above; housing, for the benefit of low-income disposition; (6) A certification that the governing Indian families on Indian reservations (9) A description of the manner in body of the locality within which any and other Indian areas. In the case of a which the recipient will coordinate with affordable housing to be assisted with low-income family residing in a tribal and State welfare agencies to the grant amounts will be situated has dwelling unit assisted with NAHASDA ensure that residents of such housing entered into, or has begun negotiations, grant amounts, affordable housing is will be provided with access to which must be completed before any housing for which the monthly rent or resources to assist in obtaining award of NAHASDA funds can be made, homebuyer payment (as applicable) employment and achieving self- to enter into, a local cooperation does not exceed 30 percent of the sufficiency; agreement with the recipient for the family’s monthly adjusted income. (10) A description of the requirements tribe providing that: Eligible affordable housing activities are established by the recipient to promote (i) The affordable housing assisted described below in sections (a) through the safety of residents of such housing, with grant amounts received by the (k) of this answer: facilitate the undertaking of crime recipient (exclusive of any portions not (a) Indian Housing Assistance—The prevention measures, allow resident assisted with amounts provided under provision of modernization or operating input and involvement, including the NAHASDA) is exempt from all real and assistance for housing previously establishment of resident organizations, personal property taxes levied or developed or operated pursuant to a and allow for the coordination of crime imposed by any State, tribe, city, contract between HUD and an Indian prevention activities between the county, or other political subdivision; housing authority. recipient and tribal and local law and (b) Development—The acquisition, enforcement officials; and (ii) The recipient makes annual new construction, reconstruction, or (11) A description of the entity that payments of user fees to compensate moderate or substantial rehabilitation of will carry out the activities under the such governments for the costs of affordable housing, which may include IHP, including the organizational providing governmental services, real property acquisition, site capacity and key personnel of the entity. including police and fire protection, improvement, development of utilities (d) Certifications of compliance—The roads, water and sewerage systems, and utility services, conversion, IHP must include the following utilities systems and related facilities, or demolition, financing, administration certifications: payments in lieu of taxes to such taxing and planning, and other related (1) A certification that the recipient authority, in an amount equal to the activities. Affordable housing includes will comply with title II of the Civil greater of $150 per dwelling unit or 10 permanent housing for homeless Rights Act of 1968 in carrying out percent of the difference between the persons who are persons with Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3975 disabilities, transitional housing, and security, and law enforcement measures Answer 5. In addition to being used single room occupancy housing. and activities appropriate to protect to directly pay for eligible activities, (c) Housing Services—The provision residents of affordable housing from grant amounts may be used for of housing-related services for crime. affordable housing activities through affordable housing, such as housing (f) Rental Assistance—The provision equity investments, interest-bearing counseling in connection with rental or of tenant-based rental assistance. loans or advances, noninterest-bearing homeownership assistance, loans or advances, interest subsidies, (g) Model Activities—Housing establishment and support of resident leveraging of private investments, or any activities under model programs that are organizations and resident management other form of assistance that HUD designed to carry out the purposes of corporations, energy auditing, activities determines to be consistent with the NAHASDA and are specifically related to the provision of self- purposes of NAHASDA. This answer is approved by HUD as appropriate for sufficiency and other services, and other provided from section 204 -‘‘Types of such purpose. services related to assisting owners, Investments’’—of NAHASDA. Guidance tenants, contractors, and other entities, (h) Administrative Expenses—A on the types of investments permissible participating or seeking to participate in percent of grant amounts, to be under section 204 of NAHASDA will be other housing activities assisted with determined in the final rule, may be provided in the final regulations. grant amounts. used for any reasonable administrative Question 6. When must the IHP (d) Housing Management Services— and planning expenses of a recipient required by these transition The provision of management services relating to carrying out NAHASDA and requirements be submitted? for affordable housing, including activities assisted with such amounts, Answer 6. An IHP must be received by preparation of work specifications, loan including costs for salaries of HUD no later than June 1, 1997 in order processing, inspections, tenant individuals engaged in administering to be considered for FY 1998 funding. selection, management of tenant-based and managing affordable housing Question 7. Where must an IHP be rental assistance, and management of activities assisted with grant amounts submitted? affordable housing projects. and the expenses of preparing an IHP. Answer 7. All IHPs must be submitted (e) Crime Prevention and Safety Question 5. How may grant amounts to the local Area Office of Native Activities—The provision of safety, be used to carry out eligible activities? American Programs as follows:

Tribes and IHAs located ONAP Address

East of the Mississippi River (in- Eastern/Woodlands Office of Native American Programs, 5P, Metcalfe Federal Building, 77 West Jackson cluding all of Minnesota) and Boulevard, Chicago, Illinois 60604±3507, (312) 353±1282 or (800) 735±3239, TDD Numbers: 1±800± Iowa. 927±9275 or 312±886±3741. Louisiana, Missouri, Kansas, Okla- Southern Plains Office of Native American Programs, 6.IPI, 500 West Main Street, Suite 400, Oklahoma homa, and Texas except for City, Oklahoma 73012, (405) 552±0194, 552±0195. Isleta del Sur. Colorado, Montana, Nebraska, Northern Plains Office of Native American Programs, 8P, First Interstate Tower North, 633 17th Street, North Dakota, South Dakota, and Denver, Colorado 80202±3607, (303) 672±5462, TDD Number: 303±844±6158. Wyoming. Arizona, California, New Mexico, Southwest Office of Native American Programs, 9EPID, Two Arizona Center, 400 North Fifth Street, Suite Nevada, and Isleta del Sur in 1650, Phoenix, Arizona 85004±2361, (602) 379±4156, TDD Number: 602±379±4461. Texas. or Albuquerque Division of Native American Programs, 9EPIDI, Albuquerque Plaza, 201 3rd Street, NW, Suite 1830, Albuquerque, New Mexico 87102±3368, (505) 766±1372, TDD Number: None. Idaho, Oregon, and Washington ..... Northwest Office of Native American Programs, 10PI, 909 First Avenue, Suite 300, Seattle, Washington 98104±1000, (206) 220±5270, TDD Number: (206) 220±5185. Alaska ...... Alaska Office of Native American Programs, 10.1Pl, 949 East 36th Avenue, Suite 401, Anchorage, Alaska 99508±4399, (907) 271±4633, TDD Number: (907) 271±4328.

Question 8. May an IHA continue to 1937 Act to IHAs after September 30, III. General Notice of Proposed remain subject to the 1937 Act, and 1997. Rulemaking (For Purposes of Section convert to a PHA? Question 9. What happens to grants 564(A) of Title 5, United States Code) Answer 8. No, because the purpose already made under the homeless, Section 106(b)(2)(A) provides: and result of NAHASDA is the Youthbuild and Indian HOME ‘‘Notwithstanding sections 563(a) and exclusion of IHAs from the definition of programs? 565(a) of title 5, United States Code, all a PHA as of September 30, 1997. After Answer 9. These grants continue to be regulations required under this Act shall September 30, 1997, there may be IHAs governed by the statutes authorizing the be issued according to a negotiated that want to remain subject to the 1937 programs as those statutes exist on rulemaking procedure under subchapter Act, but the consequence of NAHASDA September 30, 1997 and by the grant III of chapter 5 of title 5, United States section 501 is to make it impossible, agreements. After completion of the Code.’’ Further, section 106(a)(2)(b) after September 30, 1997, for an IHA to funded activities, the grants will be requires the transition notice to be considered a PHA. Further, section closed out in accordance with their ‘‘include a general notice of proposed 502(b) provides that any IHA housing program requirements and grant rulemaking (for purposes of section developed or operated under the 1937 agreements. 564(a) of title 5, United States Code) of Act must be considered and maintained the final regulations under subsection as affordable housing for purposes of (b).’’ Accordingly, this section of the NAHASDA, and precludes the transition notice provides the continued application of title I of the 3976 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices information required under 5 U.S.C. Bobby Whitefeather, Tribal Chairman, Alternate: Kenneth Peterson, 564(a) as follows: Red Lake Band of Chippewa. Executive Staff Assistant, Navajo (1) HUD is establishing a negotiated Nation. rulemaking committee to negotiate and Oklahoma Ivan Makil, President, Salt River develop a proposed rule as required by Bill Anoatubby, Governor, Chickasaw Pima-Maricopa Indian Community. NAHASDA. Nation. Alternate: Charleen H. Greer, Staff (2) The subject and scope of the rule Alternate: Ken Samples, Executive Attorney, Salt River Pima-Maricopa to be considered are the development of Director, The Housing Authority of the Indian Community. proposed regulations required under the Chickasaw Nation. Raymond Stanley, Tribal Chairman, Native American Housing Assistance Joe Byrd, Principal Chief, Cherokee San Carlos Apache Tribe. and Self-Determination Act of 1996 Nation of Oklahoma. Northwest (NAHASDA) (Pub. L. 104–330, Alternate: Joel R. Thompson, approved October 26, 1996), including Executive Director, The Housing Henry Cagey, Tribal Chairman, regulations governing the allocation Authority of the Cherokee Nation. Lummi Nation. formula to be used, the information to Merle Boyd, Second Chief, Sac & Fox Rod Clark, Director, Klamath Alcohol be provided in Indian Housing Plans Nation. and Drug Abuse. (IHPs), the parameters of eligible Larry Nuckolls, Governor, Shawnee Stanley G. Jones, Chairman of the activities, the frequency and content of Tribe of Oklahoma. Board of Directors, Tulalip Tribes. required reports, and any other ancillary Ron Qualls, Potawattomi Nation Norman C. Nault, Executive Director, matters necessary to provide for the Housing Authority. Yakama Nation Housing Authority. operation of the Indian Housing Block Duke Tsoodle, Executive Director, John S. Williamson, Executive Grant Program established by Housing Authority of the Apache Tribe. Director, Lower Elwha Housing Authority NAHASDA. Mountain/Plains (3) The interests that are likely to be Coni Wilson, Executive Director, significantly affected by the rule are the Paul D. Iron Cloud, Executive Quinault Housing Authority. members of Indian tribes, particularly Director, Oglala Sioux Housing Alaska low-income Indian families on Indian Authority. Kristian Anderson, Executive reservations and other Indian areas. Debbie Isburg, Executive Director, Director, Aleutian Housing Authority. (4) The persons proposed to represent Lower Brule Housing Authority. Thomas W. Harris, Executive Director, these interests, selected to satisfy the Russell Bud Mason, Sr., Chairman, Cook Inlet Housing Authority. NAHASDA section 106(b)(2)(B)(ii)(I) Three Affiliated Tribes. William Joseph Moran, Councilman, Jacqueline L. Johnson, Executive requirement that the membership of the Director, Tlingit-Haida Regional committee include only representatives Confederated Salish & Kootenia Tribes. Alternate: Robert Gauthier, Executive Housing Authority. of the Federal Government and of Will Mayo, President, Tanana Chiefs geographically diverse small, medium, Director, Salish & Kootenia Housing Authority. Conference. and large Indian tribes, are the Alternate: Joseph G. Wilson, S. Jack Sawyer, Projects Coordinator, following: Executive Director, Interior Regional Paiute Housing Authority, Paiute Indian Housing Authority. Region/Member and Tribal Affiliation Tribe of Utah. Frank A. Peratovich, Jr., Executive Bruce Sun Child, Council Member, South & Eastern Director, Copper River Basin Regional Chippewa Cree Tribe. Jennie A. Greene, Housing Housing Authority. Administrator, Aquinnah Wampanoag Nevada/California Edward K. Thomas, President, Central Tribal Housing Authority. Phil Bush, Executive Director, Modoc Council Tlingit Haida Indian Tribes of Bernadette Harlan, Executive Director, Lassen Indian Housing Authority. Alaska. Alternate: Lee Clayton, President, Seneca Nation Housing Authority. Virginia Kizer, Executive Director, Betty Jones, Housing Manager, Chilkoot Indian Association. Washoe Housing Authority. Seminole Tribal Housing Authority. Juana Majel, Pauma Band of Mission Phillip Martin, Tribal Chief, Department of Housing and Urban Indians, San Diego American Indian Mississippi Band of Choctaw Indians. Development Alternate: Jay Dorris, Planner, Health Center. Robert G. Barth, Office of Native Mississippi Band of Choctaw Indians. Arlan Melandez, Chairman, Reno American Programs. Richard Mitchell, Executive Director, Sparks Indian Colony. Jennifer A. Bullough, Office of Native Penobscot Tribal Reservation Housing Darlene Tooley, Executive Director, American Programs. Authority. Northern Circle Indian Housing Barbara L. Burkhalter, Office of Public Susan M. Wicker, Executive Director, Authority. and Indian Housing. Poarch Creek Indian Housing Authority. Brian Wallace, Tribal Chairman, Washoe Tribe of Nevada and California. Comptroller Great Lakes Southwest Ted L. Key, Office of Native American Doug DeWalt, Executive Director, Programs. Sokaogon Chippewa Housing Authority. Chester Carl, Executive Director, Bruce A. Knott, National Office of Martin Jennings, Executive Director, Navajo Housing Authority. Native American Programs. Leech Lake Housing Authority. David F. Garcia, Contracts and Grants Deborah M. Lalancette, National Tom Maulson, Tribal Chairman, Lac Coordinator, Pueblo of Acoma. Office of Native American. du Flambeau Band of Lake Superior Alternate: Raymond J. Concho, Jr., Chippewa Indians. Executive Director, Acoma Housing Programs Jolene Nertoli, Housing Director, Sault Authority. Dominic A. Nessi, National Office of Tribe Housing Authority. Joe Garcia, Councilman, San Juan Native American Programs. Rick Smith, Director, Minnesota Pueblo. Peter J. Petrunich, National Office of Chippewa Home Loan Program Albert Hale, President, Navajo Nation. Native American. Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Notices 3977

Programs the nominated person would Executive Order 12606, The Family represent. Todd M. Richardson, Michigan State The General Counsel, as the Office. IV. Effective Date of Nahasda Section Designated Official under Executive Carol A. Roman, Colorado State 701(c) Order 12606, The Family, has Office, Northern Plains Office of Native This notice establishes an effective determined that the policies announced American Programs. in this Notice would not have a (5) The proposed agenda and date of October 1, 1997 for purposes of significant impact on the formation, schedule for completing the work of the NAHASDA section 701(c). This section maintenance, and general well-being of committee, including the target date for establishes a new requirement for the families since they only establish publication by HUD of a proposed rule Indian Housing Loan Guarantee transition requirements that are only for notice and comment, are as follows: Program (also called the Section 184 The members of the negotiated Program) under section 184 of the temporary in nature. rulemaking committee will determine Housing and Community Development Executive Order 12612, Federalism the agenda for the committee’s work. Act of 1992 (12 U.S.C. 1515z–13a) that The target date for the publication of eligible loans must be for housing on The General Counsel has determined, a proposed rule for notice and comment land under the jurisdiction of an Indian as the Designated Official for HUD is June 1, 1997. tribe for which an Indian housing plan under section 6(a) of Executive Order (6) A description of the administrative (IHP) has been submitted and approved 12612, Federalism, that the policies support for the committee to be pursuant to sections 102 and 103 of contained in this notice will not have provided by HUD, including technical NAHASDA. Since HUD anticipates that substantial direct effects on states or assistance, is as follows: IHPs will not be submitted and their political subdivisions, or the In addition to providing meeting approved until about the beginning of relationship between the federal facilities, HUD will provide a neutral FY 1998, section 701(c) is given this government and the states, or on the facilitator, travel funds when available, delayed implementation date to prevent distribution of power and and a recorder for the activities of the any interruption in the processing of responsibilities among the various committee. section 184 loan guarantees. levels of government. The notice only (7) Comments are requested on the V. Findings and Certifications establishes temporary transition proposed membership of this negotiated requirements for the initial participation rulemaking committee. In addition, Paperwork Reduction Act Statement by Indian tribes in a new statutory persons who will be significantly The information collection program. affected by the proposed rule to be requirements contained in this notice Environmental Review reported out by the committee and who have been submitted to the Office of believe their interests will not be Management and Budget for emergency A Finding of No Significant Impact adequately represented by any person review and approval under section with respect to the environment has proposed for membership in this notice 3507(j) of the Paperwork Reduction Act been made in accordance with HUD may, by the date specified for the of 1995 (44 U.S.C. 3501–3520). The regulations at 24 CFR Part 50, which submission of comments on this notice, OMB control number, when assigned, implement section 102(2)(C) of the apply for, or nominate another person will be published in the Federal National Environmental Policy Act of for, membership on the committee by Register. An agency may not conduct or 1969. The Finding of No Significant submitting: sponsor, and a person is not required to Impact is available for public inspection —The name of the person nominated respond to, a collection of information between 7:30 a.m. and 5:30 p.m. and a description of the interests that unless the collection displays a valid weekdays in the Office of the Rules person will represent; control number. Docket Clerk. —Evidence that the person nominated is Authority: Section 106 of the Native authorized to represent parties related Regulatory Planning and Review This notice has been reviewed in American Housing Assistance and Self- to the interests the person would Determination Act of 1996 (NAHASDA) (Pub. accordance with Executive Order 12866, represent; L. 104–330, approved October 26, 1996). —A written commitment that the person issued by the President on September nominated will actively participate in 30, 1993 (58 FR 51735, October 4, 1993). Dated: January 23, 1997. good faith in the development of the Any changes to the rule resulting from Kevin Emanuel Marchman, rule under consideration; and this review are available for public Acting Assistant Secretary for Public and —The reasons that the persons proposed inspection between 7:30 a.m. and 5:30 Indian Housing. for membership in this notice do not p.m. weekdays in the Office of the Rules [FR Doc. 97–2055 Filed 1–23–97; 3:23 pm] adequately represent the interests that Docket Clerk. BILLING CODE 4210±33±P i

Reader Aids Federal Register Vol. 62, No. 17 Monday, January 27, 1997

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JANUARY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 3 CFR 929...... 915 For additional information 523±5227 932...... 1239, 2549 Proclamations: 944...... 1239 Presidential Documents 6966...... 3191±3192 959...... 916 Executive orders and proclamations 523±5227 6967...... 3441 982...... 1035 The United States Government Manual 523±5227 6968...... 3443 985...... 1246 Executive Orders: 997...... 1249 July 2, 1910 (Revoked Other Services 998...... 1249 by PLO 7236)...... 3053 999...... 1249 Electronic and on-line services (voice) 523±4534 January 22, 1912 1011...... 918 Privacy Act Compilation 523±3187 (Revoke by PLO 1049...... 918 TDD for the hearing impaired 523±5229 7230) ...... 3519 1079...... 918 12543 (Continued by 1124...... 1 Notice of Jan. 2, ELECTRONIC BULLETIN BOARD 1205...... 1659 1997) ...... 587 1439...... 3195 Free Electronic Bulletin Board service for Public Law numbers, 12544 (Continued by 1464...... 3197 Federal Register finding aids, and list of documents on public Notice of Jan. 2, 1499...... 2719 inspection. 202±275±0920 1997) ...... 587 Proposed Rules: 12947 (Continued by FAX-ON-DEMAND 17...... 3810 Notice of Jan. 21, 354...... 3823 You may access our Fax-On-Demand service. You only need a fax 1997) ...... 3439 400...... 2052 machine and there is no charge for the service except for long Administrative Orders: 401...... 333 distance telephone charges the user may incur. The list of Notices: 414...... 2055 documents on public inspection and the daily Federal Register’s January 21, 1997 ....3439, 3739 441...... 2059 table of contents are available using this service. The document Presidential Determinations: 443...... 48 numbers are 7050-Public Inspection list and 7051-Table of No. 97±11A of 445...... 338 Contents list. The public inspection list will be updated December 6, 1996 ...... 299 457...... 48, 333 immediately for documents filed on an emergency basis. No. 97±14 of 723...... 3830 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON December 27, 906...... 55 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 1996 ...... 1379 985...... 942 public inspection may be viewed and copied in our office located No. 97±15 of at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand December 27, 8 CFR telephone number is: 301±713±6905 1996 ...... 1381 Proposed Rules: 1...... 444 5 CFR FEDERAL REGISTER PAGES AND DATES, JANUARY 3...... 444 315...... 3193 103...... 444 1±300...... 2 362...... 3193 204...... 444 301±592...... 3 532...... 3195 207...... 444 2640...... 1361 593±888...... 6 208...... 444 3201...... 3771 209...... 444 889±1030...... 7 Proposed Rules: 211...... 444 1031±1238...... 8 213...... 1695 212...... 444 1239±1382...... 9 338...... 1695 213...... 444 1383±1658...... 10 831...... 2323 214...... 444 1659±1826...... 13 844...... 2323 216...... 444 1827±2006...... 14 2470...... 2547 217...... 444 2007±2264...... 15 2471...... 2547 221...... 444 2265±2546...... 16 2472...... 2547 223...... 444 2547±2890...... 17 2473...... 2547 232...... 444 2891±3192...... 21 2634...... 2048 233...... 444 3193±3440...... 22 234...... 444 7 CFR 235...... 444 3441±3602...... 23 2...... 1031 236...... 444 3603±3770...... 24 33...... 1032 237...... 444 3771±3978...... 27 51...... 2891, 2896 238...... 444 210...... 889 239...... 444 226...... 889 240...... 444 300...... 593 241...... 444 319...... 593 242...... 444 457...... 2007 243...... 444 729...... 2719 244...... 444 906...... 3603 245...... 444 925...... 2547 246...... 444 ii Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Reader Aids

248...... 444 2265, 2899, 3604, 3605, 355...... 3790 1910...... 1494 249...... 444 3606, 3607, 3608, 3786, 356...... 3790 1915...... 1494 251...... 444 3787 416...... 309, 1053 1926...... 1494 252...... 444 91...... 1192 Proposed Rules: 1952...... 2558 253...... 444 93...... 2445 404...... 349, 352 4044...... 2016 274a...... 444 97 ...... 1049, 1050, 1051, 2445, 416...... 352, 3633 Proposed Rules: 286...... 444 3452, 3454, 3455 602...... 2544 Ch. XXV...... 3563 287...... 444 119...... 1192 640...... 2544 299...... 444 121...... 1192, 3739 650...... 2544 30 CFR 316...... 444 135...... 1192, 3739 718...... 3338 250...... 3793 318...... 444 382...... 16 722...... 3338 935...... 1668 329...... 444 Proposed Rules: 725...... 3338 4044...... 2016 39 ...... 343, 945, 947, 949, 951, 726...... 3338 Proposed Rules: 9 CFR 1061, 1298, 1299, 1695, 727...... 3338 206...... 3742 78...... 2550 1859, 1861, 1864, 1866, 21 CFR 208...... 3742 91...... 3445 2324, 2981, 2982, 3832, 902...... 1074 160...... 597 3834, 3836, 3837 5...... 923, 2554 926...... 1408 161...... 597 71 .....70, 347, 348, 1063, 1064, 101 ...... 2218, 3584, 3791 935...... 3491 304...... 2551 1065, 1066, 1067, 1068, 111...... 2218 308...... 2551 1069, 1070, 1071, 1072, 165...... 2266 31 CFR 310...... 2551 1073, 1698, 1699, 3629, 175...... 2011 Ch. V...... 2903 320...... 2551 3630, 3631, 3632, 3840, 178...... 2011, 2014 354...... 621 327...... 2551 3841, 3842, 3843, 3844, 310...... 2218 356...... 846 381...... 2551 3845, 3846 529...... 611 357...... 26 416...... 2551 107...... 1024 579...... 611 560...... 1832 872...... 2900 417...... 2551 108...... 1024 Proposed Rules: Proposed Rules: Proposed Rules: 15 CFR 103...... 3249 78...... 1406 101...... 3635 160...... 1817 801...... 1665 589...... 552, 3847 32 CFR 902...... 1829 161...... 1817 812...... 953 57...... 2565 922...... 3788 200...... 1845 1301...... 1024, 2064 150...... 2017 1304...... 1024, 2064 199...... 625, 3739 10 CFR 16 CFR 220...... 941 Proposed Rules: 22 CFR 150...... 1662 813...... 631 1210...... 2327 170...... 1662 42...... 613 818...... 631 228...... 314 Proposed Rules: 17 CFR 844...... 631 1045...... 2252 23 CFR 200...... 520, 1384 33 CFR 12 CFR 228...... 520 655...... 1364 229...... 520 100...... 3608 19...... 3199 Proposed Rules: 117...... 3461, 3462 230...... 520 655...... 691 203...... 3603 240 ...... 520, 1279, 1385 154...... 3610 207...... 3773 242...... 520 24 CFR 156...... 3610 220...... 3773 157 ...... 1622, 3463, 3943 Proposed Rules: 291...... 3766 221...... 3773 Ch. II ...... 1301 3282...... 3456 Proposed Rules: 224...... 3779 1...... 2334 117...... 3636 502...... 3779 Proposed Rules: 228...... 3152 516...... 3779 100...... 2000 36 CFR 229...... 3152 562...... 3779 230...... 3152 25 CFR 7...... 2579 563...... 3779 239...... 3152 151...... 1057 565...... 3779 38 CFR 240...... 2633 574...... 3779 26 CFR 36...... 3610 932...... 4 18 CFR 1 ...... 17, 361, 615, 923, 2267, Proposed Rules: Proposed Rules: 33...... 1281 2275, 3458, 3792 21...... 1075, 1303 202...... 56 34...... 1281 31...... 22 39 CFR 205...... 3242 35...... 1281 53...... 25 213...... 62 36...... 1281 602 ...... 22, 923, 2275 20...... 1674 225...... 2622 37...... 610 Proposed Rules: 60...... 631, 638 292...... 1281 111...... 645 13 CFR Ch. I ...... 3563 300...... 1281 1...... 71, 72, 77, 81, 694, 955, 40 CFR 120...... 301 1314...... 920 1700, 1701, 1702, 2064, Proposed Rules: Proposed Rules: 2068, 2335, 2336, 2633, 1...... 1832 121...... 2979 284...... 1073 3244, 3848 2...... 1832 125...... 2979 53...... 84 21...... 1832 19 CFR 301 ...... 77, 955, 2068 22...... 1832 14 CFR Proposed Rules: 602...... 81 52 ...... 646, 648, 1150, 1187, 25...... 1817 7...... 3082 2305, 2581, 2585, 2587, 39...10, 15, 302, 304, 307, 600, 10...... 3082 27 CFR 2591, 2593, 2597, 2910, 602, 604, 1038, 1039, 1041, 145...... 3082 55...... 1386 2915, 2916, 3211, 3215, 1044, 1275, 1277, 1278, 173...... 3082 3216, 3220, 3800, 3804 1383, 2007, 2009, 2552, 174...... 3082 28 CFR 60...... 1832 2898, 3200, 3204, 3209, 181...... 3082 9...... 314 61...... 1832 3446, 3448, 3449, 3451, 191...... 3082 16...... 2903 62...... 1832 3739, 3781, 3784 63...... 1835, 2722 71 .....309, 607, 608, 609, 1046, 20 CFR 29 CFR 70...... 1387 1047, 1048, 1827, 1828, 211...... 3789 102...... 1361, 1668 76...... 3463 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Reader Aids iii

81...... 5297, 3611 8200...... 2636 13...... 262 107...... 2970 82...... 2310, 3613 8340...... 2636 14 ...... 226, 233, 261, 271 171 ...... 1208, 1217, 2970 147...... 1832 8350...... 2636 15 ...... 226, 256, 257, 261 172...... 1217 180...... 1284, 1288 8360...... 2636 16...... 233, 257 173...... 1208, 1217 261...... 1678 8370...... 2636 17...... 261 174...... 1217 262...... 1832 8560...... 2636 19...... 226, 233 175...... 1217 268...... 1992 9210...... 2636 23...... 233 176...... 1217 272...... 1832 9260...... 2636 24...... 256 177...... 1217 281...... 3611 25 ...... 257, 261, 267, 268 180...... 1208 282...... 3612 44 CFR 27...... 233, 261 192...... 2618 435...... 1681 64...... 1685, 1688 29...... 233 232...... 278 707...... 1832 65...... 3223, 3226 31 ...... 233, 257, 269 382...... 1293 763...... 1832 67...... 3228 32...... 233 383...... 1293 799...... 2607 Proposed Rules: 33...... 226, 270 390...... 1293 Proposed Rules: 67...... 2989, 3226 36...... 233, 271 541...... 1690 51...... 210 37...... 226, 233 571 ...... 798, 1401, 2977 52 ...... 695, 1420, 2633, 2634, 45 CFR 39...... 273 831...... 3806 42...... 233, 274 2635, 2636, 2984, 3252, 1311...... 1399 1002...... 3487 32530, 3254 43...... 226 1185...... 2041 53...... 2068 46 CFR 45...... 233 Proposed Rules: 58...... 2068 46...... 257 8...... 3335 Ch. XI...... 3492 60...... 960, 1868 47...... 233 31...... 3335 194...... 2989 63 ...... 960, 1869, 2074 49...... 233 387...... 3855 81...... 2636 71...... 3335 52 ...... 226, 233, 257, 261, 273 91...... 3335 390...... 3855 89...... 200 53...... 226, 233 391...... 3855 194...... 2988, 2989 107...... 3335 203...... 2611 572...... 328 392...... 3855 260...... 960 515...... 2611, 2612 395...... 3855 216...... 1058, 1817 261...... 960 47 CFR 396...... 3855 264...... 960 219...... 2612 1...... 3223 397...... 3855 265...... 960 225 .....2612, 2615, 2616, 2856, 538...... 375 266...... 960 24...... 653 2857 32...... 2918 571 ...... 807, 1077, 2996 270...... 960 226...... 2612 595...... 831 271...... 960 51...... 662 227...... 2612 372...... 365, 366 53...... 2918, 2927 233...... 2612 441...... 3849 73 ...... 329, 664, 2611, 2969 236...... 2856, 2857 50 CFR 721...... 1305 90...... 2027 239...... 1058 17 ...... 665, 1644, 1647, 1691, Proposed Rules: 252 .....2611, 2612, 2616, 2856, 2313, 3241, 3616 41 CFR Ch. I ...... 3638 2857 36...... 1838 Ch. 101 ...... 2022 22...... 696 904...... 2310 227...... 1296 101±20...... 1057 26...... 696 906...... 2310 229...... 33 101±38...... 322 53...... 2991 908...... 2310 259...... 330 61...... 1423 915...... 2310 285...... 331, 3490 42 CFR 69...... 2636 923...... 2310 600...... 3335 413...... 26 73 .....84, 372, 373, 1871, 2639, 925...... 2310 622 ...... 689, 1402, 3808 435...... 1682 2996, 3653, 3654, 3850, 945...... 2310 648 ...... 1403, 1829, 2619 Proposed Rules: 3851, 3852, 3853, 3854 952...... 2310 649...... 1403 Ch. IV...... 3563 970...... 2310 660...... 3335 48 CFR 1815...... 3464 679...... 2043, 2445 43 CFR Ch. 1...... 224, 275 1816...... 3464 Proposed Rules: 10...... 1820 1 ...... 226, 233, 271 1852...... 3464 17...... 3263, 3654 Proposed Rules: 2...... 256 1870...... 3464 24...... 2354 2800...... 2636 3...... 226, 233 Proposed Rules: 300...... 382 2920...... 2636 4 ...... 226, 233, 257 225...... 374 600...... 700, 1306 3100...... 1705 5 ...... 261, 262, 271 231...... 374 622 ...... 384, 720, 2999 4100...... 2636 6 ...... 233, 256, 262 242...... 374 630...... 1705 4300...... 2636 8...... 233 648...... 1424, 3495 4700...... 2636 9 ...... 226, 233, 266 49 CFR 660...... 700 5460...... 2636 11...... 262 1...... 2617 678 ...... 724, 1705, 1872 5510...... 2636 12 ...... 226, 233, 257, 262 27...... 16 679 ...... 85, 724, 2719 iv Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Reader Aids

REMINDERS FEDERAL TREASURY DEPARTMENT Pacific Coast groundfish; The items in this list were COMMUNICATIONS Fiscal Service comments due by 2-5- editorially compiled as an aid COMMISSION Payment to financial 97; published 1-6-97 to Federal Register users. Radio stations; table of institutions for credit to CONSUMER PRODUCT Inclusion or exclusion from assignments: employee and beneficiary SAFETY COMMISSION this list has no legal North Carolina; published accounts; CFR part Poison prevention packaging: significance. 12-18-96 removed; published 12-27- Child-resistant packaging Wisconsin; published 12-13- 96 requirements-- 96 RULES GOING INTO TREASURY DEPARTMENT Packages containing 50 mg or more of EFFECT TODAY FEDERAL DEPOSIT Internal Revenue Service INSURANCE CORPORATION Income taxes: Ketoprofen; comments due by 2-3-97; Conflict of interests; published Foreign corporations; FEDERAL REGISTER, 1-27-97 published 11-20-96 ADMINISTRATIVE transfer of domestic stock DEFENSE DEPARTMENT COMMITTEE HEALTH AND HUMAN or securities by U.S. Acquisition regulations: Federal Register publications: SERVICES DEPARTMENT persons; published 12-30- 96 Business combination; Price changes and Food and Drug external restructuring availability, acceptance of Administration Low-income housing tax costs reimbursement; digital signatures; Food for human consumption: credit; cross reference; comments due by 2-4-97; published 12-27-96 Food labeling-- published 1-27-97 published 12-6-96 Saccharin and salts; retail AGRICULTURE Contract termination or DEPARTMENT establishment; published COMMENTS DUE NEXT 1-27-97 reduction notification; Animal and Plant Health WEEK comments due by 2-4-97; Inspection Service INTERIOR DEPARTMENT published 12-6-96 Exportation and importation of Special Trustee for AGRICULTURE ENERGY DEPARTMENT animals and animal American Indians Office DEPARTMENT Federal Energy Regulatory products: American Indian Trust Fund Agricultural Marketing Commission Ratites and hatching eggs Management Reform Act: Service Practice and procedure: of ratites from Canada; Restricted tribal funds Onions grown in-- published 12-27-96 withdrawal and Hydroelectric projects; Texas; comments due by 2- management; published relicensing procedures; Viruses, serums, toxins, etc.: 6-97; published 1-7-97 12-26-96 rulemaking petition; Encephalomyelitis vaccine, Oranges and grapefruit grown comments due by 2-3-97; Eastern, Western, and RAILROAD RETIREMENT in Texas; comments due by published 12-3-96 Venezuelan, killed virus; BOARD 2-3-97; published 1-2-97 ENVIRONMENTAL published 12-26-96 Federal claims collection: Spearmint oil produced in Far PROTECTION AGENCY COMMERCE DEPARTMENT Civil monetary penalties; West; comments due by 2- Air pollution control; new National Oceanic and inflation adjustment; 6-97; published 1-7-97 motor vehicles and engines: Atmospheric Administration published 1-27-97 AGRICULTURE Heavy-duty engines-- Ocean and coastal resource Railroad Retirement Act: DEPARTMENT Nonroad diesel engines; management: Compensation records; Federal Crop Insurance comments due by 2-3- published 1-27-97 Marine sanctuaries: Corporation 97; published 1-2-97 Gulf of the Farallones STATE DEPARTMENT Crop insurance regulations: Air quality implementation National Marine Privacy Act; implementation; Fresh market peppers; plans; approval and Sanctuary; Point Reyes/ published 12-27-96 comments due by 2-3-97; promulgation; various Farallon Islands TRANSPORTATION States: National Marine published 1-3-97 DEPARTMENT Ohio; comments due by 2- Sanctuary; name Fresh market sweet corn; 5-97; published 1-6-97 change; published 1-27- Coast Guard comments due by 2-3-97; 97 Ports and waterways safety: published 1-3-97 Hazardous waste program authorizations: DEFENSE DEPARTMENT Charleston Harbor and COMMERCE DEPARTMENT Cooper River, SC; safety New Mexico; comments due Civil monetary penalties National Oceanic and zone; published 12-27-96 by 2-6-97; published 12- inflation adjustment; Atmospheric Administration 23-96 published 12-26-96 TRANSPORTATION Fishery conservation and Hazardous waste: DEPARTMENT management: ENVIRONMENTAL Hazardous waste PROTECTION AGENCY Federal Aviation Alaska; fisheries of Administration combustors; maximum Air pollutants, hazardous; Exclusive Economic Zone- Airworthiness directives: achievable control national emission standards: - technologies performance Constructed or reconstructed Airbus; published 12-19-96 Gulf of Alaska groundfish; standards; comments due major sources; published Boeing; published 12-19-96 comments due by 2-5- by 2-6-97; published 1-7- 12-27-96 Don Luscombe Aviation 97; published 1-6-97 97 Air quality implementation History Foundation; Scallop; comments due by Solid wastes: plans; approval and published 12-19-96 2-3-97; published 12-3- Products containing promulgation; various Lockheed; published 12-19- 96 recovered materials; States: 96 Northeastern United States comprehensive guidelines West Virginia; published 11- McDonnell Douglas; fisheries-- for procurement; 27-96 published 12-19-96 Atlantic mackerel, squid, comments due by 2-5-97; Clean Air Act: Raytheon; published 12-19- and butterfish; published 11-7-96 State operating permits 96 comments due by 2-6- FEDERAL programs-- Saab; published 12-19-96 97; published 12-23-96 COMMUNICATIONS New Mexico; published Saab; correction; published West Coast States and COMMISSION 11-26-96 1-22-97 Western Pacific fisheries-- Common carrier services: Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Reader Aids v

International settlement comments due by 2-4-97; proceedings; asylum Augusta Invitational Rowing rates; comments due by published 12-31-96 procedures; comments Regatta; comments due 2-7-97; published 12-30- HEALTH AND HUMAN due by 2-3-97; published by 2-4-97; published 12-6- 96 SERVICES DEPARTMENT 1-3-97 96 Radio and television Health Care Financing JUSTICE DEPARTMENT TRANSPORTATION broadcasting: Administration Executive Office for DEPARTMENT Multipoint distribution Medicare: Immigration Review: Federal Aviation services; comments due Health insurance portability; Inspection and expedited Administration by 2-7-97; published 12- comment request; removal of aliens; Air carrier certification and 20-96 comments due by 2-3-97; detention and removal of operations: Radio broadcasting: published 12-30-96 aliens; conduct of removal Single-engine aircraft; proceedings; asylum Newspaper/radio cross- HOUSING AND URBAN commercial passenger- ownership waiver policy; procedures; comments carying operations under DEVELOPMENT due by 2-3-97; published comments due by 2-7-97; DEPARTMENT instrument flight rules; published 12-11-96 1-3-97 Mortgage and loan insurance comments due by 2-3-97; JUSTICE DEPARTMENT Radio stations; table of programs: published 12-3-96 assignments: Prisons Bureau Multifamily mortgage Airworthiness directives: Idaho; comments due by 2- insurance-- Inmate control, custody, care, Aerospace Technologies of 3-97; published 12-17-96 etc.: Risk-sharing for hospitals; Australia; comments due Oklahoma; comments due comments due by 2-3- Correspondence; pretrial by 2-3-97; published 12-5- by 2-3-97; published 12- 97; published 12-4-96 inmates; comments due 96 17-96 by 2-7-97; published 12-9- INTERIOR DEPARTMENT Air Tractor, Inc.; comments South Carolina; comments 96 due by 2-7-97; published Land Management Bureau due by 2-3-97; published LABOR DEPARTMENT 11-20-96 Land resource management: 12-17-96 Pension and Welfare Boeing; comments due by Wyoming; comments due by Management, use, and Benefits Administration 2-3-97; published 1-21-97 protection of public lands 2-3-97; published 12-17- Employee Retirement Income Fairchild Aircraft; comments 96 Criminal penalties for Security Act: due by 2-3-97; published misuse; comment period Television broadcasting: Health insurance portability; 11-4-96 extended; comments Broadcast television national comment request; Raytheon; comments due by due by 2-5-97; ownership rules; comments due by 2-3-97; 2-3-97; published 12-2-96 published 12-16-96 comments due by 2-7-97; published 12-30-96 Class E airspace; comments published 12-19-96 INTERIOR DEPARTMENT MINE SAFETY AND HEALTH due by 2-7-97; published Local television ownership Fish and Wildlife Service FEDERAL REVIEW 11-27-96 and radio-television cross- Endangered and threatened COMMISSION Jet routes; comments due by ownership rules; less species: Federal Mine Safety and 2-7-97; published 12-19-96 restrictive designated Alexander Archipelago wolf Health Review Commission TRANSPORTATION market area, etc.; and Queen Charlotte comments due by 2-7-97; Equal Access to Justice Act; DEPARTMENT Goshawk; comments due implementation; comments published 12-19-96 by 2-5-97; published 12- National Highway Traffic due by 2-3-97; published 1- Safety Administration FEDERAL HOUSING 31-96 28-97 Motor vehicle safety FINANCE BOARD INTERIOR DEPARTMENT SMALL BUSINESS standards: Affordable housing program Reclamation Bureau ADMINISTRATION operation: Occupant crash protection-- Newlands Irrigation Project, Business loan policy: Amendments; comments Air bag deactivation; NV; operating criteria and Low documentation loan due by 2-6-97; published comments due by 2-5- procedures adjustments; program; participating 11-8-96 97; published 1-6-97 comments due by 2-7-97; lenders; comments due by Federal home loan bank published 12-9-96 2-3-97; published 1-3-97 Air bags deactivation; system: comments due by 2-5- INTERIOR DEPARTMENT SOCIAL SECURITY Federal home loan bank 97; published 1-6-97 Surface Mining Reclamation ADMINISTRATION securities; book entry and Enforcement Office TREASURY DEPARTMENT regulations; comments Social security benefits: Permanent program and Federal old age, survivors Alcohol, Tobacco and due by 2-3-97; published Firearms Bureau 12-3-96 abandoned mine land and disability insurance-- reclamation plan Self-employment wages Alcoholic beverages: FEDERAL RESERVE submissions: SYSTEM and net earnings; Distilled spirits, wine, and Alaska; comments due by comments due by 2-3- malt beverages; labeling Consumer leasing (Regulation 2-7-97; published 1-8-97 97; published 1-3-97 and advertising-- M): Ohio; comments due by 2- Margarita; use of term; Advertising disclosures for TRANSPORTATION 7-97; published 1-23-97 DEPARTMENT comments due by 2-5- lease transactions; 97; published 11-7-96 streamlining; comments JUSTICE DEPARTMENT Coast Guard due by 2-7-97; published Immigration and Ports and waterways safety: TREASURY DEPARTMENT 1-2-97 Naturalization Service Delaware Bay and River et Internal Revenue Service Depository institutions; reserve Immigration: al., NJ; regulated Income taxes: requirements (Regulation D): Inspection and expedited navigation area; Health insurance portability; Savings deposit, transaction removal of aliens; comments due by 2-5-97; comment request; account, savings deposit; detention and removal of published 11-7-96 comments due by 2-3-97; definition clarifications; aliens; conduct of removal Regattas and marine parades: published 12-30-96 vi Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Reader Aids

CFR CHECKLIST Title Stock Number Price Revision Date 600–End ...... (869–028–00038–0) ...... 31.00 Jan. 1, 1996 This checklist, prepared by the Office of the Federal Register, is 13 ...... (869–028–00039–8) ...... 18.00 Mar. 1, 1996 published weekly. It is arranged in the order of CFR titles, stock 14 Parts: numbers, prices, and revision dates. 1–59 ...... (869–028–00040–1) ...... 34.00 Jan. 1, 1996 An asterisk (*) precedes each entry that has been issued since last 60–139 ...... (869–028–00041–0) ...... 30.00 Jan. 1, 1996 week and which is now available for sale at the Government Printing 140–199 ...... (869–028–00042–8) ...... 13.00 Jan. 1, 1996 Office. 200–1199 ...... (869–028–00043–6) ...... 23.00 Jan. 1, 1996 A ``●'' precedes each entry that is now available on-line through 1200–End ...... (869–028–00044–4) ...... 16.00 Jan. 1, 1996 the Government Printing Office's GPO Access service at http:// 15 Parts: www.access.gpo.gov/nara/cfr. For information about GPO Access 0–299 ...... (869–028–00045–2) ...... 16.00 Jan. 1, 1996 call 1-888-293-6498 (toll free). 300–799 ...... (869–028–00046–1) ...... 26.00 Jan. 1, 1996 A checklist of current CFR volumes comprising a complete CFR set, 800–End ...... (869–028–00047–9) ...... 18.00 Jan. 1, 1996 also appears in the latest issue of the LSA (List of CFR Sections 16 Parts: Affected), which is revised monthly. 0–149 ...... (869–028–00048–7) ...... 6.50 Jan. 1, 1996 The annual rate for subscription to all revised volumes is $951.00 150–999 ...... (869–028–00049–5) ...... 19.00 Jan. 1, 1996 domestic, $237.75 additional for foreign mailing. 1000–End ...... (869–028–00050–9) ...... 26.00 Jan. 1, 1996 Mail orders to the Superintendent of Documents, Attn: New Orders, 17 Parts: P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be 1–199 ...... (869–028–00052–5) ...... 21.00 Apr. 1, 1996 accompanied by remittance (check, money order, GPO Deposit 200–239 ...... (869–028–00053–3) ...... 25.00 Apr. 1, 1996 Account, VISA, or Master Card). Charge orders may be telephoned 240–End ...... (869–028–00054–1) ...... 31.00 Apr. 1, 1996 to the GPO Order Desk, Monday through Friday, at (202) 512±1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your charge orders 18 Parts: to (202) 512-2250. 1–149 ...... (869–028–00055–0) ...... 17.00 Apr. 1, 1996 150–279 ...... (869–028–00056–8) ...... 12.00 Apr. 1, 1996 Title Stock Number Price Revision Date 280–399 ...... (869–028–00057–6) ...... 13.00 Apr. 1, 1996 1, 2 (2 Reserved) ...... (869–028–00001–1) ...... $4.25 Feb. 1, 1996 400–End ...... (869–028–00058–4) ...... 11.00 Apr. 1, 1996 3 (1995 Compilation 19 Parts: and Parts 100 and 1–140 ...... (869–028–00059–2) ...... 26.00 Apr. 1, 1996 101) ...... (869–028–00002–9) ...... 22.00 1 Jan. 1, 1996 141–199 ...... (869–028–00060–6) ...... 23.00 Apr. 1, 1996 4 ...... (869–028–00003–7) ...... 5.50 Jan. 1, 1996 200–End ...... (869–028–00061–4) ...... 12.00 Apr. 1, 1996 5 Parts: 20 Parts: 1–399 ...... (869–028–00062–2) ...... 20.00 Apr. 1, 1996 1–699 ...... (869–028–00004–5) ...... 26.00 Jan. 1, 1996 ● 700–1199 ...... (869–028–00005–3) ...... 20.00 Jan. 1, 1996 400–499 ...... (869–028–00063–1) ...... 35.00 Apr. 1, 1996 1200–End, 6 (6 500–End ...... (869–028–00064–9) ...... 32.00 Apr. 1, 1996 Reserved) ...... (869–028–00006–1) ...... 25.00 Jan. 1, 1996 21 Parts: ●1–99 ...... (869–028–00065–7) ...... 16.00 Apr. 1, 1996 7 Parts: ● ...... 100–169 ...... (869–028–00066–5) ...... 22.00 Apr. 1, 1996 0–26 (869–028–00007–0) 22.00 Jan. 1, 1996 ● 27–45 ...... (869–028–00008–8) ...... 11.00 Jan. 1, 1996 170–199 ...... (869–028–00067–3) ...... 29.00 Apr. 1, 1996 ● 46–51 ...... (869–028–00009–6) ...... 13.00 Jan. 1, 1996 200–299 ...... (869–028–00068–1) ...... 7.00 Apr. 1, 1996 ● 52 ...... (869–028–00010–0) ...... 5.00 Jan. 1, 1996 300–499 ...... (869–028–00069–0) ...... 50.00 Apr. 1, 1996 ● 53–209 ...... (869–028–00011–8) ...... 17.00 Jan. 1, 1996 500–599 ...... (869–028–00070–3) ...... 28.00 Apr. 1, 1996 ● 210–299 ...... (869–028–00012–6) ...... 35.00 Jan. 1, 1996 600–799 ...... (869–028–00071–1) ...... 8.50 Apr. 1, 1996 ● 300–399 ...... (869–028–00013–4) ...... 17.00 Jan. 1, 1996 800–1299 ...... (869–028–00072–0) ...... 30.00 Apr. 1, 1996 ● 400–699 ...... (869–028–00014–2) ...... 22.00 Jan. 1, 1996 1300–End ...... (869–028–00073–8) ...... 14.00 Apr. 1, 1996 700–899 ...... (869–028–00015–1) ...... 25.00 Jan. 1, 1996 22 Parts: 900–999 ...... (869–028–00016–9) ...... 30.00 Jan. 1, 1996 1–299 ...... (869–028–00074–6) ...... 36.00 Apr. 1, 1996 1000–1199 ...... (869–028–00017–7) ...... 35.00 Jan. 1, 1996 300–End ...... (869–028–00075–4) ...... 24.00 Apr. 1, 1996 1200–1499 ...... (869–028–00018–5) ...... 29.00 Jan. 1, 1996 1500–1899 ...... (869–028–00019–3) ...... 41.00 Jan. 1, 1996 23 ...... (869–028–00076–2) ...... 21.00 Apr. 1, 1996 1900–1939 ...... (869–028–00020–7) ...... 16.00 Jan. 1, 1996 24 Parts: 1940–1949 ...... (869–028–00021–5) ...... 31.00 Jan. 1, 1996 0–199 ...... (869–028–00077–1) ...... 30.00 May 1, 1996 1950–1999 ...... (869–028–00022–3) ...... 39.00 Jan. 1, 1996 200–219 ...... (869–028–00078–9) ...... 14.00 May 1, 1996 2000–End ...... (869–028–00023–1) ...... 15.00 Jan. 1, 1996 220–499 ...... (869–028–00079–7) ...... 13.00 May 1, 1996 8 ...... (869–028–00024–0) ...... 23.00 Jan. 1, 1996 500–699 ...... (869–028–00080–1) ...... 14.00 May 1, 1996 700–899 ...... (869–028–00081–9) ...... 13.00 May 1, 1996 9 Parts: 900–1699 ...... (869–028–00082–7) ...... 21.00 May 1, 1996 1–199 ...... (869–028–00025–8) ...... 30.00 Jan. 1, 1996 1700–End ...... (869–028–00083–5) ...... 14.00 May 1, 1996 200–End ...... (869–028–00026–6) ...... 25.00 Jan. 1, 1996 25 ...... (869–028–00084–3) ...... 32.00 May 1, 1996 10 Parts: 0–50 ...... (869–028–00027–4) ...... 30.00 Jan. 1, 1996 26 Parts: 51–199 ...... (869–028–00028–2) ...... 24.00 Jan. 1, 1996 §§ 1.0-1–1.60 ...... (869–028–00085–1) ...... 21.00 Apr. 1, 1996 200–399 ...... (869–028–00029–1) ...... 5.00 Jan. 1, 1996 §§ 1.61–1.169 ...... (869–028–00086–0) ...... 34.00 Apr. 1, 1996 400–499 ...... (869–028–00030–4) ...... 21.00 Jan. 1, 1996 §§ 1.170–1.300 ...... (869–028–00087–8) ...... 24.00 Apr. 1, 1996 500–End ...... (869–028–00031–2) ...... 34.00 Jan. 1, 1996 §§ 1.301–1.400 ...... (869–028–00088–6) ...... 17.00 Apr. 1, 1996 §§ 1.401–1.440 ...... (869–028–00089–4) ...... 31.00 Apr. 1, 1996 11 ...... (869–028–00032–1) ...... 15.00 Jan. 1, 1996 §§ 1.441-1.500 ...... (869-028-00090-8) ...... 22.00 Apr. 1, 1996 12 Parts: §§ 1.501–1.640 ...... (869–028–00091–6) ...... 21.00 Apr. 1, 1996 1–199 ...... (869–028–00033–9) ...... 12.00 Jan. 1, 1996 §§ 1.641–1.850 ...... (869–028–00092–4) ...... 25.00 Apr. 1, 1996 200–219 ...... (869–028–00034–7) ...... 17.00 Jan. 1, 1996 §§ 1.851–1.907 ...... (869–028–00093–2) ...... 26.00 Apr. 1, 1996 220–299 ...... (869–028–00035–5) ...... 29.00 Jan. 1, 1996 §§ 1.908–1.1000 ...... (869–028–00094–1) ...... 26.00 Apr. 1, 1996 300–499 ...... (869–028–00036–3) ...... 21.00 Jan. 1, 1996 §§ 1.1001–1.1400 ...... (869–028–00095–9) ...... 26.00 Apr. 1, 1996 500–599 ...... (869–028–00037–1) ...... 20.00 Jan. 1, 1996 §§ 1.1401–End ...... (869–028–00096–7) ...... 35.00 Apr. 1, 1996 Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Reader Aids vii

Title Stock Number Price Revision Date Title Stock Number Price Revision Date 2–29 ...... (869–028–00097–5) ...... 28.00 Apr. 1, 1996 ●136–149 ...... (869–028–00150–5) ...... 35.00 July 1, 1996 30–39 ...... (869–028–00098–3) ...... 20.00 Apr. 1, 1996 ●150–189 ...... (869–028–00151–3) ...... 33.00 July 1, 1996 40–49 ...... (869–028–00099–1) ...... 13.00 Apr. 1, 1996 ●190–259 ...... (869–028–00152–1) ...... 22.00 July 1, 1996 50–299 ...... (869–028–00100–9) ...... 14.00 Apr. 1, 1996 ●260–299 ...... (869–028–00153–0) ...... 53.00 July 1, 1996 300–499 ...... (869–028–00101–7) ...... 25.00 Apr. 1, 1996 ●300–399 ...... (869–028–00154–8) ...... 28.00 July 1, 1996 500–599 ...... (869–028–00102–5) ...... 6.00 4 Apr. 1, 1990 ●400–424 ...... (869–028–00155–6) ...... 33.00 July 1, 1996 600–End ...... (869–028–00103–3) ...... 8.00 Apr. 1, 1996 ●425–699 ...... (869–028–00156–4) ...... 38.00 July 1, 1996 ● 27 Parts: 700–789 ...... (869–028–00157–2) ...... 33.00 July 1, 1996 ● ...... 1–199 ...... (869–028–00104–1) ...... 44.00 Apr. 1, 1996 790–End (869–028–00158–7) 19.00 July 1, 1996 200–End ...... (869–028–00105–0) ...... 13.00 Apr. 1, 1996 41 Chapters: 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 28 Parts: ...... 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 ...... 1-42 (869–028–00106–8) 35.00 July 1, 1996 3–6 ...... 14.00 3 July 1, 1984 ...... 43-end (869-028-00107-6) 30.00 July 1, 1996 7 ...... 6.00 3 July 1, 1984 29 Parts: 8 ...... 4.50 3 July 1, 1984 0–99 ...... (869–028–00108–4) ...... 26.00 July 1, 1996 9 ...... 13.00 3 July 1, 1984 100–499 ...... (869–028–00109–2) ...... 12.00 July 1, 1996 10–17 ...... 9.50 3 July 1, 1984 500–899 ...... (869–028–00110–6) ...... 48.00 July 1, 1996 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 900–1899 ...... (869–028–00111–4) ...... 20.00 July 1, 1996 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 1900–1910 (§§ 1900 to 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 1910.999) ...... (869–028–00112–2) ...... 43.00 July 1, 1996 19–100 ...... 13.00 3 July 1, 1984 1910 (§§ 1910.1000 to 1–100 ...... (869–028–00159–9) ...... 12.00 July 1, 1996 end) ...... (869–028–00113–1) ...... 27.00 July 1, 1996 101 ...... (869–028–00160–2) ...... 36.00 July 1, 1996 1911–1925 ...... (869–028–00114–9) ...... 19.00 July 1, 1996 102–200 ...... (869–028–00161–1) ...... 17.00 July 1, 1996 1926 ...... (869–028–00115–7) ...... 30.00 July 1, 1996 201–End ...... (869–028–00162–9) ...... 17.00 July 1, 1996 1927–End ...... (869–028–00116–5) ...... 38.00 July 1, 1996 42 Parts: 30 Parts: ●1–399 ...... (869–028–00163–7) ...... 32.00 Oct. 1, 1996 1–199 ...... (869–028–00117–3) ...... 33.00 July 1, 1996 ●400–429 ...... (869–028–00164–5) ...... 34.00 Oct. 1, 1996 200–699 ...... (869–028–00118–1) ...... 26.00 July 1, 1996 ●430–End ...... (869–026–00165–1) ...... 39.00 Oct. 1, 1995 700–End ...... (869–028–00119–0) ...... 38.00 July 1, 1996 43 Parts: 31 Parts: ●1–999 ...... (869–028–00166–1) ...... 30.00 Oct. 1, 1996 0–199 ...... (869–028–00120–3) ...... 20.00 July 1, 1996 ●1000–3999 ...... (869–026–00167–7) ...... 31.00 Oct. 1, 1995 200–End ...... (869–028–00121–1) ...... 33.00 July 1, 1996 4000–End ...... (869–026–00168–5) ...... 15.00 Oct. 1, 1995 32 Parts: *●44 ...... (869–028–00168–8) ...... 31.00 Oct. 1, 1996 1–39, Vol. I ...... 15.00 2 July 1, 1984 45 Parts: 1–39, Vol. II ...... 19.00 2 July 1, 1984 ●1–199 ...... (869–028–00169–6) ...... 28.00 Oct. 1, 1996 1–39, Vol. III ...... 18.00 2 July 1, 1984 200–499 ...... (869–028–00170–0) ...... 14.00 6 Oct. 1, 1995 1–190 ...... (869–028–00122–0) ...... 42.00 July 1, 1996 ●500–1199 ...... (869–028–00171–8) ...... 30.00 Oct. 1, 1996 191–399 ...... (869–028–00123–8) ...... 50.00 July 1, 1996 1200–End ...... (869–026–00173–1) ...... 26.00 Oct. 1, 1995 400–629 ...... (869–028–00124–6) ...... 34.00 July 1, 1996 630–699 ...... (869–028–00125–4) ...... 14.00 5 July 1, 1991 46 Parts: 700–799 ...... (869–028–00126–2) ...... 28.00 July 1, 1996 *●1–40 ...... (869–028–00173–4) ...... 26.00 Oct. 1, 1996 800–End ...... (869–028–00127–1) ...... 28.00 July 1, 1996 *●41–69 ...... (869–028–00174–2) ...... 21.00 Oct. 1, 1996 ● 33 Parts: 70–89 ...... (869–028–00175–1) ...... 11.00 Oct. 1, 1996 ● ...... 1–124 ...... (869–028–00128–9) ...... 26.00 July 1, 1996 * 90–139 (869–028–00176–9) 26.00 Oct. 1, 1996 125–199 ...... (869–028–00129–7) ...... 35.00 July 1, 1996 *140–155 ...... (869–028–00177–7) ...... 15.00 Oct. 1, 1996 200–End ...... (869–028–00130–1) ...... 32.00 July 1, 1996 156–165 ...... (869–026–00179–1) ...... 17.00 Oct. 1, 1995 ●166–199 ...... (869–026–00180–4) ...... 17.00 Oct. 1, 1995 34 Parts: ●200–499 ...... (869–028–00180–7) ...... 21.00 Oct. 1, 1996 1–299 ...... (869–028–00131–9) ...... 27.00 July 1, 1996 ●500–End ...... (869–026–00182–1) ...... 13.00 Oct. 1, 1995 300–399 ...... (869–028–00132–7) ...... 27.00 July 1, 1996 400–End ...... (869–028–00133–5) ...... 46.00 July 1, 1996 47 Parts: ●0–19 ...... (869–026–00183–9) ...... 25.00 Oct. 1, 1995 35 ...... (869–028–00134–3) ...... 15.00 July 1, 1996 ●20–39 ...... (869–026–00184–7) ...... 21.00 Oct. 1, 1995 36 Parts ●40–69 ...... (869–026–00185–5) ...... 14.00 Oct. 1, 1995 1–199 ...... (869–028–00135–1) ...... 20.00 July 1, 1996 *●70–79 ...... (869–028–00185–8) ...... 33.00 Oct. 1, 1996 200–End ...... (869–028–00136–0) ...... 48.00 July 1, 1996 80–End ...... (869–026–00187–1) ...... 30.00 Oct. 1, 1995 37 ...... (869–028–00137–8) ...... 24.00 July 1, 1996 48 Chapters: ●1 (Parts 1–51) ...... (869–026–00188–0) ...... 39.00 Oct. 1, 1995 38 Parts: ●1 (Parts 52–99) ...... (869–026–00189–8) ...... 24.00 Oct. 1, 1995 0–17 ...... (869–028–00138–6) ...... 34.00 July 1, 1996 *●2 (Parts 201–251) ...... (869–028–00189–1) ...... 22.00 Oct. 1, 1996 18–End ...... (869–028–00139–4) ...... 38.00 July 1, 1996 ●2 (Parts 252–299) ...... (869–028–00190–4) ...... 16.00 Oct. 1, 1996 39 ...... (869–028–00140–8) ...... 23.00 July 1, 1996 ●3–6 ...... (869–026–00192–8) ...... 23.00 Oct. 1, 1995 ●7–14 ...... (869–026–00193–6) ...... 28.00 Oct. 1, 1995 40 Parts: 15–28 ...... (869–028–00193–9) ...... 38.00 Oct. 1, 1996 ●1–51 ...... (869–028–00141–6) ...... 50.00 July 1, 1996 ●29–End ...... (869–028–00194–7) ...... 25.00 Oct. 1, 1996 ●52 ...... (869–028–00142–4) ...... 51.00 July 1, 1996 ●53–59 ...... (869–028–00143–2) ...... 14.00 July 1, 1996 49 Parts: 60 ...... (869-028-00144-1) ...... 47.00 July 1, 1996 ●1–99 ...... (869–028–00195–5) ...... 32.00 Oct. 1, 1996 ●61–71 ...... (869–028–00145–9) ...... 47.00 July 1, 1996 100–177 ...... (869–026–00197–9) ...... 34.00 Oct. 1, 1995 ●72–80 ...... (869–028–00146–7) ...... 34.00 July 1, 1996 *●186–199 ...... (869–028–00197–1 ...... 14.00 Oct. 1, 1996 ●81–85 ...... (869–028–00147–5) ...... 31.00 July 1, 1996 200–399 ...... (869–026–00199–5) ...... 30.00 Oct. 1, 1995 86 ...... (869–028–00148–3) ...... 46.00 July 1, 1996 400–999 ...... (869–026–00200–2) ...... 40.00 Oct. 1, 1995 ●87-135 ...... (869–028–00149–1) ...... 35.00 July 1, 1996 ●1000–1199 ...... (869–026–00201–1) ...... 18.00 Oct. 1, 1995 viii Federal Register / Vol. 62, No. 17 / Monday, January 27, 1997 / Reader Aids

Title Stock Number Price Revision Date 6 ●1200–End ...... (869–028–00201–3) ...... 15.00 Oct. 1, 1996 No amendments were promulgated during the period October 1, 1995 to September 30, 1996. The CFR volume issued October 1, 1995 should be retained. 50 Parts: 1–199 ...... (869–026–00203–7) ...... 26.00 Oct. 1, 1995 200–599 ...... (869–026–00204–5) ...... 22.00 Oct. 1, 1995 ●600–End ...... (869–026–00205–3) ...... 27.00 Oct. 1, 1995 CFR Index and Findings Aids ...... (869–028–00051–7) ...... 35.00 Jan. 1, 1996 Complete 1997 CFR set ...... 951.00 1997 Microfiche CFR Edition: Subscription (mailed as issued) ...... 247.00 1997 Individual copies ...... 1.00 1997 Complete set (one-time mailing) ...... 264.00 1996 Complete set (one-time mailing) ...... 244.00 1995 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period Apr. 1, 1990 to Mar. 31, 1996. The CFR volume issued April 1, 1990, should be retained. 5 No amendments to this volume were promulgated during the period July 1, 1991 to June 30, 1996. The CFR volume issued July 1, 1991, should be retained.