Pages 49327±49490 Vol. 60 9±25±95 No. 185 federal register September 25,1995 Monday announcement ontheinsidecoverofthisissue. For informationonbriefingsinWashington,DC,see Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995

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2 III

Contents Federal Register Vol. 60, No. 185

Monday, September 25, 1995

Agency for Health Care Policy and Research Education Department NOTICES NOTICES Meetings: Agency information collection activities under OMB Health Care Policy and Research Special Emphasis Panel, review: 49413–49414 Proposed agency information collection activities; comment request, 49400 Agriculture Department See Forest Service Employment and Training Administration See Rural Utilities Service NOTICES Agency information collection activities under OMB Antitrust Division review: NOTICES Proposed agency information collection activities; Competitive impact statements and proposed consent comment request, 49422–49423 judgments: International Business Machines Corp., 49421–49422 Energy Department See Federal Energy Regulatory Commission Army Department NOTICES Environmental Protection Agency Meetings: RULES Historical Advisory Committee, 49397 Air quality implementation plans; approval and Patent licenses; non-exclusive, exclusive, or partially promulgation; various States: exclusive: Missouri, 49340–49343 Recombinant vaccine made in E. coli against dengue Clean Air Act: virus, 49397–49398 State operating permits programs— Florida, 49343–49347 Arts and Humanities, National Foundation Superfund program: See National Foundation on the Arts and the Humanities National oil and hazardous substances contingency plan— Commerce Department National priorities list update, 49347 See Foreign-Trade Zones Board PROPOSED RULES See National Institute of Standards and Technology Air quality implementation plans; approval and See National Oceanic and Atmospheric Administration promulgation; various States: See National Telecommunications and Information Missouri, 49357–49358 Administration NOTICES NOTICES Air programs: Advisory committees; reports on closed meetings; Stratospheric ozone protection— availability, 49395–49396 Significant new alternatives policy program; denial of petition, 49407 Commodity Futures Trading Commission Drinking water: RULES Public water supply supervision program— Organization, functions, and authority delegations: Missouri, 49407–49408 Commission headquarters office; relocation and change of address, 49334–49336 Executive Office of the President See Presidential Documents Defense Department See Army Department Export-Import Bank See Defense Nuclear Agency NOTICES See Navy Department Meetings: PROPOSED RULES Advisory Committee, 49408 Acquisition regulations: Offset implementation costs, 49358 Federal Aviation Administration NOTICES RULES Meetings: Airworthiness standards: Defense Policy Board Advisory Committee, 49396–49397 Special conditions— Science Board task forces, 49397 Boeing Co. model 727–100, high-intensity radiated Strategic Command Strategic Advisory Group, 49397 fields, 49331–49333 Restricted areas; correction, 49333 Defense Nuclear Agency PROPOSED RULES NOTICES Rulemaking petitions; summary and disposition, 49353– Privacy Act: 49354 Systems of records, 49398 VOR Federal airways, 49354–49356 IV Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Contents

NOTICES Fish and Wildlife Service Exemption petitions; summary and disposition, 49433– PROPOSED RULES 49435 Endangered and threatened species: Alsinidendron lychnoides, etc. (19 plants from Kauai, Federal Communications Commission HI), 49359–49377 RULES Clermontia drepanomorpha, etc. (13 plants from Hawaii), Radio stations; table of assignments: 49377–49392 Missouri; CFR correction, 49348 Northern spotted owl, 49358–49359 NOTICES Agency information collection activities under OMB Food and Drug Administration review, 49409–49410 RULES Proposed information collection activities; comment Animal drugs, feeds, and related products: request, 49408–49409 Ketamine hydrochloride injection, 49339 Melarsomine dihydrochloride injection, 49339–49340 Federal Emergency Management Agency Food additives: NOTICES Adhesive coatings and components— Disaster and emergency areas: Hydrogenated dipentene resin, etc., 49336–49337 Ohio, 49410 Adjuvants, production aids, and sanitizers— Puerto Rico, 49410 Phosphorous acid, etc., 49338–49339 Virgin Islands, 49411 NOTICES Animal drugs, feeds, and related products: Federal Energy Regulatory Commission Export applications— NOTICES Syntex Plus implant, 49414 Electric rate and corporate regulation filings: Food additive petitions: Torco Energy Marketing Inc., et al., 49400–49403 GE Silicones, 49414–49415 Environmental statements; availability, etc.: Meetings: Paiute Pipeline Co., 49403–49404 Advisory committees, panels, etc., 49415–49416 Sayles Hydro Associates, 49404 Hydroelectric applications, 49404 Foreign-Trade Zones Board Meetings; Sunshine Act, 49438–49440 NOTICES Preliminary permits surrender: Applications, hearings, determinations, etc.: Ted S. Sorenson, 49404 Alaska; correction, 49442 Applications, hearings, determinations, etc.: Colorado Interstate Gas Co., 49404–49405 Forest Service Georgia Power Co., 49405 NOTICES Koch Gateway Pipeline Co., 49405–49406 Environmental statements; availability, etc.: Northern States Power Co. et al., 49406 Beaverhead National Forest et al., MT, 49393–49394 Northwest Pipeline Corp., 49406 Uncompahgre and Gunnison National Forests, CO, 49394 Questar Pipeline Co., 49406–49407 Meetings: Deschutes Provincial Interagency Executive Committee Federal Highway Administration Advisory Committee, 49394–49395 NOTICES Grants and cooperative agreements; availability, etc.: General Services Administration Congestion pricing pilot program, 49435–49437 RULES Federal travel: Federal Housing Finance Board Real estate sale and purchase expenses; increase in RULES maximum reimbursement limitations, 49347–49348 Affordable housing program operation: First-time homebuyer program establishment, 49327– Health and Human Services Department 49331 See Agency for Health Care Policy and Research See Food and Drug Administration Federal Maritime Commission See Health Resources and Services Administration NOTICES Agreements filed, etc., 49411–49412 Health Resources and Services Administration Freight forwarder licenses: NOTICES Ayma Cargo Corp. et al., 49412 Grants and cooperative agreements; availability, etc.: Maternal and child health services— Federal Reserve System Federal set-aside program, etc., 49416–49417 PROPOSED RULES Liability protection for health care professionals and International banking operations (Regulation K): entities; guidance, 49417–49418 Expanded general consent authority, 49350–49353 NOTICES Housing and Urban Development Department Meetings; Sunshine Act, 49440 PROPOSED RULES Applications, hearings, determinations, etc.: Environmental review procedures for entities assuming Bancol y Cia. S. en C. et al., 49412 HUD environmental responsibilities, 49466–49478 First Financial Bankshares, Inc., et al., 49412–49413 Public and Indian housing: Norwest Corp., 49413 Public housing; streamlining maintenance and operation Waterhouse Investor Services, Inc., 49413 rules, 49480–49485 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Contents V

Interior Department National Park Service See Fish and Wildlife Service NOTICES See Land Management Bureau Concession contract negotiations: See National Park Service Eisenhower National Historic Site, PA; shuttle bus service continuation, 49420 Internal Revenue Service PROPOSED RULES National Telecommunications and Information Procedure and administration: Administration Time for performance of acts where last day falls on NOTICES Saturday, Sunday, or legal holiday, 49356–49357 Meetings: National Information Infrastructure Advisory Council, Interstate Commerce Commission 49464 NOTICES Environmental statements; availability, etc.: Otoe County, NE, 49420 Navy Department Rail carriers: NOTICES Control exemptions— Environmental statements; availability, etc.: RailAmerica, Inc., et al., 49421 Base realignment and closure— Railroad operation, acquisition, construction, etc.: Naval Air Station Miramar, CA, 49398–49399 Burlington Northern Railroad Co. et al., 49421 Naval Air Warfare Center Aircraft Division, PA, 49399– 49400 Justice Department See Antitrust Division Nuclear Regulatory Commission See Parole Commission RULES See Prisons Bureau Regulatory agenda Report, 49327 Labor Department NOTICES See Employment and Training Administration Meetings: See Pension and Welfare Benefits Administration Medical Uses of Isotopes Advisory Committee, 49428 Applications, hearings, determinations, etc.: Land Management Bureau Boston Edison Co.; correction, 49428 NOTICES Houston Lighting & Power Co. et al., 49428–49429 Agency information collection activities under OMB Washington Public Power Supply System, 49429 review, 49418–49419 Realty actions; sales, leases, etc.: Parole Commission California, 49419–49420 NOTICES Meetings; Sunshine Act, 49440–49441 National Aeronautics and Space Administration NOTICES Agency information collection activities under OMB Pension and Welfare Benefits Administration review: NOTICES Proposed agency information collection activities; Employee benefit plans; prohibited transaction exemptions: comment request, 49427 Charleston Area Medical Center et al., 49423–49427 Meetings: Advisory Council task forces, 49427–49428 Postal Service PROPOSED RULES National Foundation on the Arts and the Humanities Domestic Mail Manual: NOTICES Mail classification reform; implementation standards Meetings: Correction, 49357 Humanities Panel, 49428

National Institute of Standards and Technology Presidential Documents NOTICES PROCLAMATIONS Inventions, Government-owned; availability for licensing, Special observances 49396 Gold Star Mother’s Day (Proc. 6826), 49489–49490

National Oceanic and Atmospheric Administration Prisons Bureau RULES RULES Fishery conservation and management: Inmate control, custody, care, etc.: Bering Sea and Aleutian Islands groundfish, 49348–49349 Involuntary psychiatric treatment and medication; PROPOSED RULES administrative safeguards, 49444 Fishery conservation and management: Gulf of Mexico reef fish; correction, 49442 NOTICES Public Health Service Meetings: See Agency for Health Care Policy and Research Florida Keys National Marine Sanctuary Advisory See Food and Drug Administration Council, 49396 See Health Resources and Services Administration VI Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Contents

Rural Utilities Service Organization, functions, and authority delegations, 49446– NOTICES 49447 Agency information collection activities under OMB review: Proposed agency information collection activities; comment request, 49395 Separate Parts In This Issue

Securities and Exchange Commission Part II NOTICES Department of Justice, Prisons Bureau, 49444 Agency information collection activities under OMB review, 49429–49430 Self-regulatory organizations; proposed rule changes: Part III Chicago Board Options Exchange, Inc., 49430–49433 Utah Reclamation Mitigation and Conservation Applications, hearings, determinations, etc.: Commission, 49446–49461 Unapix Entertainment, Inc., 49433

Tennessee Valley Authority Part IV NOTICES Department of Commerce, National Telecommunications Meetings; Sunshine Act, 49441 and Information Administration, 49464

Transportation Department Part V See Federal Aviation Administration Housing and Urban Development Department, 49466–49478 See Federal Highway Administration

Treasury Department Part VI See Internal Revenue Service Housing and Urban Development Department, 49480–49485 NOTICES Meetings: Community Adjustment and Investment Program Part VII Advisory Committee, 49437 The President, 49489–49490

United States Enrichment Corporation NOTICES Meetings; Sunshine Act, 49441 Reader Aids Additional information, including a list of public laws, United States Institute of Peace telephone numbers, and finding aids, appears in the Reader NOTICES Aids section at the end of this issue. Grants and cooperative agreements; availability, etc.: Solicited grants, 49437

Utah Reclamation Mitigation and Conservation Electronic Bulletin Board Commission Free Electronic Bulletin Board service for Public Law RULES numbers, Federal Register finding aids, and a list of Mitigation and conservation plan; development and documents on public inspection is available on 202–275– implementation; policies and procedures, 49447–49461 1538 or 275–0920. Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR 48 CFR Proclamations: Proposed Rules: 6826...... 49489 225...... 49358 10 CFR 50 CFR Ch. I ...... 49327 675...... 49348 12 CFR Proposed Rules: 960...... 49327 17 (3 documents) ...... 49358, Proposed Rules: 49359, 49377 211...... 49350 641...... 49442 14 CFR 25...... 49331 73...... 49332 Proposed Rules: Ch. I ...... 49353 71...... 49354 17 CFR 1...... 49334 3...... 49334 4...... 49334 5...... 49334 9...... 49334 10...... 49334 11...... 49334 12...... 49334 13...... 49334 14...... 49334 15...... 49334 31...... 49334 140...... 49334 144...... 49334 145...... 49334 146...... 49334 147...... 49334 148...... 49334 149...... 49334 155...... 49334 170...... 49334 171...... 49334 190...... 49334 21 CFR 175...... 49336 178...... 49338 522 (2 documents) ...... 49339 24 CFR Proposed Rules: 58...... 49466 965...... 49480 26 CFR Proposed Rules: 301...... 49356 28 CFR 549...... 49444 39 CFR Proposed Rules: 111...... 49357 40 CFR 52...... 49340 70...... 49343 300...... 49347 Proposed Rules: 52...... 49357 41 CFR 302±6...... 49347 43 CFR Ch. III ...... 49446 10000...... 49446 10005...... 49447 47 CFR 73...... 49348 49327

Rules and Regulations Federal Register Vol. 60, No. 185

Monday, September 25, 1995

This section of the FEDERAL REGISTER Regulatory Commission, Washington, SUPPLEMENTARY INFORMATION: contains regulatory documents having general DC 20555–0001, Telephone: (301) 415– I. Statutory and Regulatory Background applicability and legal effect, most of which 7163, toll-free number (800) 368–5642. are keyed to and codified in the Code of Section 10(j)(1) of the Federal Home Federal Regulations, which is published under Dated at Rockville, Maryland, this 18th day Loan Bank Act (Bank Act) requires each 50 titles pursuant to 44 U.S.C. 1510. of September 1995. Bank to establish a program to subsidize For the Nuclear Regulatory Commission. the interest rate on advances to The Code of Federal Regulations is sold by David L. Meyer, the Superintendent of Documents. Prices of members of the Federal Home Loan new books are listed in the first FEDERAL Chief, Rules Review and Directives Branch, Bank System (Bank System) engaged in REGISTER issue of each week. Division of Freedom of Information and lending for long-term, low- and Publications Services, Office of moderate-income, owner-occupied and Administration. affordable rental housing at subsidized NUCLEAR REGULATORY [FR Doc. 95–23681 Filed 9–22–95; 8:45 am] interest rates. See 12 U.S.C. 1430(j)(1). COMMISSION BILLING CODE 7590±01±P The Board is required to promulgate regulations governing the Program. See 10 CFR Chapter I id. § 1430(j)(9); 12 CFR part 960. Under the Board’s AHP regulation, Issuance of Report on the NRC FEDERAL HOUSING FINANCE BOARD each Bank must make a specified annual Regulatory Agenda contribution to fund its AHP. See 12 12 CFR Part 960 CFR 960.10. During each calendar year, AGENCY: Nuclear Regulatory each Bank accepts applications for Commission. [No. 95±26] funds from its members during two of ACTION: Issuance of NRC Regulatory four quarterly funding periods, or Agenda. Amendment of Affordable Housing ‘‘rounds.’’ See 12 CFR 960.4. SUMMARY: The Nuclear Regulatory Program Regulation Applications are reviewed and Commission (NRC) has issued the NRC recommended, and AHP funds are Regulatory Agenda for the period AGENCY: Federal Housing Finance awarded to applicants through a covering January through June, of 1995. Board. competitive scoring process set forth in the AHP regulation. See 12 CFR 960.5. This agenda provides the public with ACTION: Final rule. information about NRC’s rulemaking AHP funds are awarded to the applicants whose applications score the activities. The NRC Regulatory Agenda SUMMARY: The Federal Housing Finance is a compilation of all rules on which highest among all the applications Board (Board) is finalizing the received by the Bank in that funding the NRC has recently completed action, provisions of a proposed rule published or has proposed action, or is considering round. See id. in the Federal Register on July 28, 1995, The Board believes that promoting action, and of all petitions for amending, in part, the Board’s homeownership for first-time rulemaking that the NRC has received regulation governing the operation of homebuyers is a significant part of the that are pending disposition. Issuance of the Affordable Housing Program (AHP). mission of the Bank System. In this publication is consistent with The amendments contained in the furtherance of that goal, the Board and Section 610 of the Regulatory Flexibility proposed rule, and now adopted in final the Banks recently joined a partnership Act. form, authorize a Federal Home Loan agreement to promote the President’s ADDRESSES: A copy of this report, Bank (Bank) to set aside a limited National Homeownership Strategy to designated NRC Regulatory Agenda portion of its available AHP subsidies to expand homeownership to millions of (NUREG–0936), Vol. 14, No. 1, is assist first-time homebuyers pursuant to households by the year 2000. The Board available for inspection, and copying for a program meeting specific believes that permitting the Banks to a fee, at the Nuclear Regulatory requirements set forth in the final rule. direct a portion of their AHP Commission’s Public Document Room, In addition, the final rule permits a contribution to assist low- and 2120 L Street, NW. (Lower Level), Bank to establish a homeownership set- moderate-income, first-time homebuyers Washington, DC. aside program with requirements is consistent with its commitment to the In addition, the U.S. Government different from those specifically set National Homeownership Strategy. Printing Office (GPO) sells the NRC forth, subject to prior approval of the Accordingly, on July 28, 1995, the Board Regulatory Agenda. To purchase it, a Board. published in the Federal Register a customer may call (202) 512–2249 or proposal to amend the AHP regulation write to the Superintendent of EFFECTIVE DATE: The final rule is effective on October 25, 1995. to authorize a Bank to set aside a Documents, U.S. Government Printing portion of its AHP contribution to assist Office, Post Office Box 37082, FOR FURTHER INFORMATION CONTACT: low- and moderate-income, first-time Washington, DC 20013–7082. Brandon B. Straus, Attorney-Advisor, homebuyers to purchase homes. See 60 FOR FURTHER INFORMATION CONTACT: Office of General Counsel, (202) 408– FR 38768 (July 28, 1995). Michael T. Lesar, Chief, Rules Review 2589, or Diane E. Dorius, Deputy Section, Rules Review and Directives Director, Office of Housing Finance, II. Summary of Proposed Rule Branch, Division of Freedom of (202) 408–2576, Federal Housing The proposed rule generally would Information and Publications Services, Finance Board, 1777 F Street, N.W., authorize each Bank to establish a Office of Administration, U.S. Nuclear Washington, DC 20006. Matched Savings First-Time 49328 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations

Homebuyers’ Initiative (Initiative), funds unless it had saved for a General Comments according to the specific requirements minimum period of 10 months. The The Board received 32 comment set forth in the proposed rule, under proposed rule would require a letters on the proposed rule. Twenty-six which the Bank would set aside up to household to use matching funds to commenters generally supported the the greater of $1 million or 10 percent purchase a home within one year of proposal. Six commenters, including of its annual required AHP contribution acceptance in the Initiative (which one Bank, two Bank members, two not- to be used as matching funds for first- occurs six month’s after initial for-profit housing organizations and a time homebuyers’ savings deposits enrollment with the member), or a real estate company did not support the maintained with a Bank member. The longer period if the Bank determined set-aside of AHP funds for specific proposed rule also would authorize the that reasonable circumstances justified purposes. In general, these commenters Banks to establish first-time homebuyer extension beyond one year. opposed the proposal because it would programs with different requirements Under the proposed rule, a home reduce the amount of funds generally from those applicable to an Initiative available to finance other affordable (non-conforming homeownership set- purchased by a participating household housing projects and activities that aside programs), with prior approval of with funds received under an Initiative would not qualify under the set-aside. the Board. must be subject to a deed restriction, Under the proposed rule, each dollar ‘‘soft’’ second mortgage, or other legally The Board believes limited set-asides of a participating household’s savings enforceable mechanism, pursuant to the are an appropriate way for the Banks to would be matched by the member with requirements set forth in the proposed direct AHP funds to specific activities up to three dollars of AHP funds, but no rule, that would enable the Bank to that promote the goals of National more than $5,000, to be used by the recapture from the member or directly Homeownership Strategy and are household to pay for downpayment and from the seller a pro rata portion of consistent with the goals of the AHP. closing costs in connection with its first- those funds if the home were sold by the Further, the authority for the Banks to time purchase of a one-to-four family, initial household to a household that is establish set-asides for homeownership owner-occupied property (including a not low- or moderate-income, within 5 programs is entirely voluntary. condominium or cooperative housing years (or longer, at the discretion of the Therefore, a Bank need not establish unit) used as its primary residence. Each Bank) from the date of purchase by the such a program if it determines that a Bank would have discretion to participating household. The proposed set-aside is not appropriate in its determine the appropriate ratio of AHP rule would allow for Bank waiver of the district. Accordingly, the Board is funds-to-savings of a participating recapture requirement if its imposition finalizing the set-aside proposal set household (with a maximum of three-to- would cause undue hardship on the forth in the proposed rule with the one), which ratio shall apply to all seller. following changes, taking into account comments received from the public. households participating in the Bank’s Under the proposed rule, a Bank initiative. would make matching funds available Long-Term Retention Under the proposed rule, members on a rolling, first come, first-served could be pre-approved for participation Nineteen commenters supported a 5- basis. A Bank could make available up year retention period for housing in an Initiative if they have: (1) to $1 million of additional AHP funds Established a dedicated savings account assisted under an Initiative. Among from the next year’s Initiative set-aside these commenters were seven Banks, program for eligible households; (2) if demand for funds under the Initiative established a first-time homebuyer seven Bank members, one banking trade exceeded the amount set aside in the association, one Bank Advisory Council, policy that defines the qualifications for current year. being a ‘‘first-time’’ homebuyer and that one Community Development credit includes financial and other incentives III. Analysis of Public Comments and union, and one city. Among the reasons for such first-time homebuyers; and (3) Summary of the Final Rule cited by the supporters of a 5-year have established or sponsor a retention period were that a 5-year homebuyer counseling program. The Board requested public comment, retention period: allows a household to Under the proposed rule, in order to generally, on all aspects of the proposed build equity in a home; provides a enroll initially in the program, a rule, and specifically requested greater incentive for a homeowner to household would be required to: (1) comment on four specific issues improve his or her property, whereas a Have an income at or below 80 percent addressed in the proposal: (1) Whether longer retention term removes that of the area median income; (2) meet the a 5-year retention period for housing incentive; reduces the monitoring requirements of the member’s first-time assisted under an Initiative is requirements for the Bank member and homebuyer policy, (3) open a dedicated appropriate; (2) whether a Bank should the Bank; and eases the potential savings account with a participating be permitted to commit its AHP recapture responsibility of Bank member and agree to a savings schedule; contributions from future years if members. (4) enroll in a homebuyer counseling demand for Initiative funds in a given Three commenters supported a program; and (5) agree to obtain year exceeds that year’s set-aside; (3) retention period longer than 5 years. mortgage financing from the member for whether non-conforming set-aside One commenter supported a 10-year the purchase of the home. If, after six programs should be limited to programs retention period to prevent real estate months from enrollment, a household assisting first-time homebuyers or speculation. Another commenter were progressing satisfactorily should be permitted to assist other suggested that a 10-year period would according to its agreed-upon schedule of kinds of activities related to not place an undue monitoring burden savings, the Bank would be required to homeownership that promote the on the Banks and would result in a more reserve matching AHP funds, as targeted National Homeownership Strategy; and equitable distribution of AHP funds. in the savings schedule, in the name of (4) whether the funding limit One commenter supported a 15-year the household, and the household established by the proposed rule is period, citing the scarcity of resources would be notified of acceptance into the appropriate generally, and whether this for low-income housing. Initiative. The household, however, limit should apply also to non- Based on commenters’ general could not draw down the matching conforming set-aside programs. support for a 5-year retention period, Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations 49329 the final rule adopts this as the proposed by a Bank under § 960.5(g)(2) other programs should be left to the minimum requirement. Further, one of the proposed rule should be limited discretion of the Board. Among the eight Bank member suggested that the to programs that assist first-time commenters addressing this issue, there provision in the proposed rule homebuyers, or whether it would be was general support for the funding exempting a household from the practicable to broaden the language of limit as applied to an Initiative, but recapture requirement if it sells its home the proposal to allow for assistance to be there was not a clear consensus on to an income-eligible household within provided to other categories of activities whether this limit should apply also to the five-year period creates an related to homeownership that promote a nonconforming set-aside program. One unnecessary burden on the member to the National Homeownership Strategy, commenter supported allowing the have to determine the income eligibility such as improving and rehabilitating Board to determine the limit for of such future home purchasers. The existing homes and encouraging nonconforming homeownership set- Board also notes that even in cases homeownership strategies that revitalize aside programs, and two commenters where the purchasing household does distressed communities. suggested allowing the Banks to qualify as income-eligible, the subsidy Approximately one-third of the determine the limit. The final rule initially received by the seller is not commenters supported a provides that total funding for an passed on to the purchaser. Therefore, homeownership set-aside that did not Initiative established by a Bank under the final rule requires that in all cases meet the specific requirements of the § 960.5(g)(1) shall be limited to the where a participating household sells its matched savings model. Some cited the greater of $1 million or 10 percent of a home prior to the end the 5-year need for rehabilitation as a community Bank’s annual required AHP retention period, the household must revitalization strategy and/or the need contribution. Funding limits for repay a pro rata portion of the funds it for additional alternatives to meet the nonconforming homeownership set- received under the Initiative. goals of the National Homeownership aside programs proposed by a Bank Strategy. Eighteen commenters were under § 960.5(g)(2) shall be subject to Commitment of AHP Contributions opposed to limiting the set-asides to Board approval. From Future Years first-time homebuyers, citing the need Of the 14 comments addressing this for renovation of existing homes and Comments on Other Provisions of the issue, the majority specifically revitalization of communities. Two Proposed Rule supported the provision in the proposed commenters, a Bank and its Advisory Two commenters suggested that the rule permitting a Bank to commit its Council, supported permitting Banks to Board should define ‘‘first-time AHP contributions from future years if set aside AHP funds for disaster relief or homebuyer,’’ rather than permitting demand for Initiative funds in a given other programs to address local needs. each member to establish its own year exceeds that year’s set-aside. The Board believes that it is definition, in order to ensure uniform Several commenters noted concern appropriate to limit the set-aside to uses application of the definition. about the potential oversubscription of consistent with the National Commenters also suggested that the an Initiative. Homeownership Strategy. Therefore, the definition include victims of domestic In order to address this issue, the final Board has decided to retain the first- violence and single heads of households rule requires each Bank to establish a time homebuyer requirement for who are in the process of dissolving policy that ensures that the Bank enrolls Initiatives established under their marriages and that the definition no more households in its Initiative § 960.5(g)(1). However, the final rule be consistent with the requirements than the Bank can fund with the amount provides that nonconforming governing federal tax-exempt mortgage of funds set aside by the Bank for the homeownership set-aside programs revenue bonds (MRB). See 26 U.S.C. Initiative in a given year. Under such a established by a Bank under 143(d). In order to establish uniformity policy, the Bank should make § 960.5(g)(2) may include within and among the Bank’s Initiatives, projections of the amount of funds homeownership programs that meet the Board is adopting the definition of necessary to fund all the households those goals of the National ‘‘first-time homebuyer’’ contained in the enrolled in an Initiative in a given year, Homeownership Strategy that, in the Cranston-Gonzalez National Affordable so that all enrolled households receive Board’s determination, are consistent Housing Act of 1990, see Pub. Law 101– funds according to the agreed-upon with the goals and requirements of 625, sec. 104(14), 104 Stat. 4079, 4087 savings goals established upon section 10(j) of the Bank Act, such as (Nov. 28, 1990) (codified at 42 U.S.C. enrollment. The final rule also provides providing funds for the purchase or ch. 130). This definition is consistent that in cases where demand for rehabilitation of homes by income- with the requirements governing MRBs. Initiative funds in a given year exceeds eligible first-time homebuyers and Two Bank members suggested that the amount of set-aside funds available homeowners currently living in households with sufficient existing for that year, the Bank may: (1) Make overcrowded conditions, unsanitary or savings should be permitted to receive available up to an additional $1 million unsound premises, unsafe matching funds without being required from the next year’s set-aside of funds neighborhoods, or neighborhoods that to participate in a savings program over under such initiative; and/or (2) do not offer adequate economic or time. One not-for-profit housing establish a waiting list for households educational opportunities. organization specifically supported the meeting the requirements for minimum time requirement for savings Amount of Available Funds enrollment, provided that the Bank as a mechanism to help avoid defaults clearly inform households on the The Board specifically requested by households that rush into home waiting list that there is no guarantee comment on whether the funding limit purchases. The final rule retains the that they will be enrolled. of the greater of $1 million or 10 percent proposed provisions governing the of a Bank’s annual required AHP required minimum period for savings. Non-Conforming Homeownership Set- contribution: (a) Is appropriate Nothing in the final rule would Aside Programs generally; and (b) should apply to other, preclude a household from using The Board specifically requested non-conforming set-aside programs existing savings to make deposits in its comment on whether other, under proposed § 960.5(g)(2), or dedicated savings account established nonconforming set-aside programs whether the funding limits for such with the member. Further, a program 49330 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations with alternative savings requirements involvement in mortgage lending for competitions administered by the could be considered by the Board as a participating households encourages Board. * * * nonconforming homeownership set- members to be more active in the AHP * * * * * aside program proposed by a Bank and in financing affordable housing 3. Section 960.5 is amended by under § 960.5(g)(2). generally. Lending under an Initiative adding a new paragraph (g) and by Some commenters cited the need for also will help members meet their revising paragraph (a)(1) to read as flexibility in the savings goal, since obligations under the Community follows: some households may experience Reinvestment Act. A number of MRB circumstances that limit their capacity programs use financial institutions to § 960.5 Project scoring and funding. to save on a regular schedule, such as make loans under those programs. (a) General. (1) Each Bank will seasonal employment. The final rule Therefore, a member would not be evaluate all applications received clarifies that a household need not make precluded from using an MRB program pursuant to § 960.4(a) from its members equal deposits of funds at uniform or collaborating with another funding that satisfy the use provisions identified intervals in order to meet the source to fund a loan it makes to a in § 960.3(b). requirement that it make satisfactory household under an Initiative. Further, * * * * * progress towards meeting its savings a nonconforming set-aside program (g) Set-aside programs. Programs goal. The final rule requires that a allowing the use of a funding source in established by a Bank under this household make satisfactory progress in place of a member could be considered paragraph (g) shall be priority projects making deposits in its dedicated savings by the Board under § 960.5(g)(2). under section 10(j)(3) of the Federal account in a manner that is consistent Therefore the final rule retains the Home Loan Bank Act. For purposes of with the goals of its agreed-upon savings provision of the proposed rule requiring this paragraph (g), the term ‘‘first-time schedule. a household receiving funds under an Five commenters, including three homebuyer’’ means a first-time Initiative to agree to obtain mortgage homebuyer as defined in 42 U.S.C. Bank members, suggested that the financing from the member with whom requirement that a household purchase 12704(14). it maintains its dedicated savings (1) Programs exempt from prior Board a home within one year of acceptance account. The final rule adds new into an Initiative does not allow approval. Without the prior approval of provisions requiring that mortgage loans the Board, a Bank may set aside sufficient time for a household to meet provided by members in connection its savings goal and then locate and annually up to the greater of $1 million with the use of funds provided under an or 10 percent of its annual required close on a suitable home. Commenters Initiative shall not be priced above the recommended allowing longer periods Affordable Housing Program market rate for a loan of similar maturity contribution to fund a matched savings ranging from 18 to 36 months. and terms. Accordingly, the final rule changes the first-time homebuyers’ initiative that deadline for the use of Initiative funds IV. Regulatory Flexibility Act meets all of the following requirements: to 2 years from the date the Bank (i) Announcement of available Bank The final rule applies only to the reserves matching funds in the name of funds. The Bank shall notify its Banks, which do not come within the the household. members of the amount of annual funds One commenter stated that the meaning of ‘‘small entities,’’ as defined available under the initiative; requirement in the proposed rule that a in the Regulatory Flexibility Act (RFA). (ii) Pre-approval of member Bank member verify a household’s See 5 U.S.C. 601(6). Therefore, in participants. The Bank shall approve a progress in meeting its savings schedule accordance with section 605(b) of the member’s participation in the initiative every six months from the date of each RFA, see id. § 605(b), the Board hereby if the member has: household’s acceptance into the certifies that this final rule will not have (A) Established a savings account Initiative would create an undue burden a significant economic impact on a program offering dedicated savings on the member. The commenter substantial number of small entities. accounts to eligible households; suggested that the member be allowed to List of Subjects in 12 CFR Part 960 (B) Established a first-time homebuyer set two dates at six-month intervals policy that includes financial or other during the year on which to verify the Banks, banking, Credit, Federal home incentives for first-time homebuyers; progress of all households in that loan banks, Housing. (C) Established a homebuyer member’s program. The final rule Accordingly, chapter IX, title 12, counseling program based on those reflects this change. subchapter E, Code of Federal offered by or in conjunction with a not- Two commenters suggested that the Regulations, is hereby amended as for-profit housing agency or other maximum amount of matching funds follows: recognized counseling organization; per household permitted under the (D) Committed that the Bank or proposed rule would be too low, SUBCHAPTER EÐAFFORDABLE HOUSING member participant will be entitled to especially in areas with high housing PART 960ÐAFFORDABLE HOUSING recapture of the equivalent amount of costs. Because a program with a higher PROGRAM the matching funds, as provided in matching ratio or a higher dollar limit paragraph (g)(1)(xi) of this section; could be considered for approval by the 1. The authority citation for part 960 (iii) Approval of initial enrollment of Board under § 960.5(g)(2), the Board is revised to read as follows: households. Subject to a Bank’s policy established under paragraph (g)(1)(iv) of has retained the matched savings Authority: 12 U.S.C. 1422a, 1422b, 1430(j). requirement for an Initiative in the final this section, the Bank shall approve the rule. 2. Section 960.4 is amended by initial enrollment, through the approved One commenter requested that the revising the first sentence of paragraph member participant, of a household as proposed rule permit a participating (a) to read as follows: a potential beneficiary in the initiative, household to obtain a mortgage through if the household: an MRB program or from a not-for-profit § 960.4 Applications for funding. (A) Is low- or moderate-income, as organization that provides lower-cost (a) Except as provided in § 960.5(g), defined in § 960.1(g), and is a first-time funds. The Board believes that member the Program is based on District-wide homebuyer, as of the date of enrollment; Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations 49331

(B) Has opened a dedicated savings Bank determines that reasonable prior to the end of a period of not less account with the member participant circumstances (such as unforeseen than 5 years (or such longer period as and established a schedule of savings hardship, inability to locate a suitable the Bank may determine in establishing into the account; home, or delays in closing on the sale) its initiative) from the date of purchase (C) Has enrolled in a homebuyer justified extending such time period for by the initial household: counseling program established by the the use of the funds; (A) The Bank or its designee be given member participant that is based on (C) The household has completed the notice of the sale; and those offered by or in conjunction with required homebuyer counseling (B) The seller be required to repay a a not-for-profit housing agency or other program; pro rata share, except for de minimis recognized counseling organization; and (D) The household has received the amounts determined by the Bank, of the (D) Has agreed to obtain mortgage financial or other incentives committed funds provided under the initiative, financing from the member participant by the member participant pursuant to reduced for every year the seller owned for the purchase of a home; its first-time homebuyer policy, and the the home, to be repaid from any net gain (iv) Establishment of Bank policy on interest rate on the mortgage loan from the sale of the home after enrollment. The Bank shall establish a provided by the member to the deduction for sales expenses, and to be policy that ensures that the Bank enrolls household does not exceed the market returned to the Bank to be made no more households in its initiative rate for a loan of similar maturity and available to other households under the than the Bank can fund with the amount terms; Initiative or to other Affordable Housing of funds set aside by the Bank for the (E) A deed restriction, ‘‘soft’’ second Program projects, except that the Bank initiative in a given year; mortgage or other legally enforceable in its discretion may waive such (v) Bank reservation of matching mechanism exists on the household’s repayment requirement if its imposition funds six months after initial home that entitles the Bank or member would cause undue hardship on the enrollment. The Bank shall reserve, in participant to recapture of the seller, as defined by the Bank; the name of the household, matching equivalent amount of the matching (xii) Bank implementation funds as targeted in the household’s funds, as provided in paragraph procedures. Each Bank may establish its schedule of savings for a given year, and (g)(1)(xi) of this section; own procedures for further shall notify the member participant and (viii) Amount of matching funds. Each implementation of the requirements of household of such reservation, if, six Bank shall determine the amount of this paragraph (g)(1). months after the initial enrollment of matching funds that it will provide to (2) Nonconforming homeownership the household (or, in cases of households receiving funds under its set-aside programs. A Bank may set households enrolled after being on a initiative, which amount shall not aside a portion of its annual required waiting list under paragraph exceed the lesser of three times the Affordable Housing Program (g)(1)(x)(B)(2) of this section, and who, amount of a household’s savings in its contribution, in an amount approved by for a period of at least six months, have dedicated savings account or $5,000; the Board, to implement a contributed to a dedicated savings (ix) Eligible uses of funds. Households homeownership program that does not account with a member participant), the receiving funds under an initiative may meet the requirements of paragraph member participant certifies to the Bank use such funds only for the payment of (g)(1) of this section, provided the that the household is progressing downpayment or closing costs in program satisfies the requirements of 12 satisfactorily by participating in the connection with the household’s U.S.C. 1430(j); meets those goals of the homebuyer counseling program and purchase of a one-to-four family, owner- National Homeownership Strategy that, depositing funds to its dedicated occupied residential property (including in the Board’s determination, are savings account consistent with the a condominium or cooperative housing consistent with the goals of the AHP; goals of its agreed schedule of savings; unit) to be used as its primary residence; (vi) Verification of household and receives the prior approval of the (x) Availability of funds. In making Board. progress. The Bank shall require the initiative funds available: member participant to verify, semi- (A) The Bank shall make such funds Dated: September 14, 1995. annually, each participating available on a rolling, first-come, first- By the Federal Housing Finance Board. household’s satisfactory progress in served basis; Bruce A. Morrison, completing the homebuyer counseling (B) In cases where demand for Chairman. program and making deposits to its initiative funds in a given year exceeds [FR Doc. 95–23390 Filed 9–22–95; 8:45 am] dedicated savings account consistent the amount of set aside funds available BILLING CODE 6725±01±U with the goals of its agreed schedule of for that year, the Bank may: savings; (1) Make available up to an additional (vii) Approval of matching funds $1 million from the next year’s set-aside drawdown. The Bank shall approve a of funds under such initiative; and/or DEPARTMENT OF TRANSPORTATION (2) Establish a waiting list for request from a member participant for Federal Aviation Administration matching funds, and shall credit such households meeting the requirements funds to the member participant’s for enrollment, provided that the Bank 14 CFR Part 25 account, if the member participant clearly inform households on the certifies to the Bank that: waiting list that there is no guarantee [Docket No. NM±117; Special Condition No. (A) The household made deposits to that they will be enrolled; 25±ANM±107] its dedicated savings account consistent (xi) Long-term requirement— with the goals of its agreed schedule of recapture of funds upon resale. The Special Condition: Boeing Model 727± savings for a minimum of ten months; Bank shall require that a home 100, High-Intensity Radiated Fields (B) Closing on the sale of a home to purchased using funds under an AGENCY: Federal Aviation the household is scheduled to occur initiative be subject to a deed Administration, DOT. within two years of the date the Bank restriction, ‘‘soft’’ second mortgage or ACTION: Final special condition, request reserved matching funds in the name of other legally enforceable mechanism for comments. the household, or a longer period if the that requires that, if the home is sold 49332 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations

SUMMARY: This special condition is this rulemaking will be filed in the of safety equivalent to that established issued for the Boeing Model 727–100 docket. Persons wishing the FAA to in the regulations. airplane. This airplane, as modified by acknowledge receipt of their comments Special conditions, as appropriate, are Associated Air Center, utilizes new submitted in response to this request issued in accordance with § 11.49 of the avionics/electronic systems, such as the must submit with those comments a FAR after public notice, as required by electronic flight information systems self-addressed, stamped postcard on §§ 11.28 and 11.29, and become part of (EFIS), which perform critical functions. which the following statement is made: the type certification basis in The applicable regulations do not ‘‘Comments to Docket No. NM–117.’’ accordance with § 21.101(b)(2). contain adequate or appropriate safety The postcard will be date stamped and Special conditions are initially standards for the protection of these returned to the commenter. applicable to the model for which they systems from the effects of high- are issued. Should the applicant apply Background intensity radiated fields (HIRF). This for a supplemental type certificate to special condition contains the On May 16, 1995, Associated Air modify any other model included on the additional safety standards that the Center (AAC), PO Box 54078, Dallas, same type certificate to incorporate the Administrator considers necessary to Texas 75354, applied for a same novel or unusual design feature, establish a level of safety equivalent to Supplemental Type Certificate (STC) to the special conditions would also apply that established by the existing incorporate changes to the Boeing to the other model under the provisions airworthiness standards. Model 727–100 airplane. The proposed of § 21.101(a)(1). modification includes the installation of DATES: The effective date of this special Novel or Unusual Design Features condition is September 14, 1995. digital avionics, including an Electronic Comments must be received on or Flight Instrument System (EFIS), which The Boeing Model 727–100 before October 25, 1995. is vulnerable to high-intensity radiated incorporates new avionic/electronic fields (HIRF) external to the airplane. ADDRESSES: Comments on this special systems, such as the electronic flight Boeing Model 727–100 series condition may be mailed in duplicate instrument system (EFIS), that perform airplanes are listed on Type Certificate to: Federal Aviation Administration, critical functions. These systems may be (TC) A3WE. The airplanes are Office of the Assistant Chief Counsel, vulnerable to HIRF external to the pressurized, 131 passenger, large Attn: Rules Docket (ANM–7), Docket airplane. commercial transport type airplanes No. NM–117, 1601 Lind Avenue SW., having a maximum operating altitude of Discussion Renton, Washington, 98055–4056; or 42,000 feet. The airplanes are powered There is no specific regulation that delivered in duplicate to the Office of by three aft fuselage-mounted turbojet or addresses protection requirements for the Assistant Chief Counsel at the above turbofan engines, depending on the electrical and electronic systems from address. Comments must be marked: specific model and airplane HIRF. Increased power levels from Docket No. NM–117. Comments may be configuration. ground-based radio transmitters and the inspected in the Rules Docket growing use of sensitive electrical and weekdays, except Federal holidays, Type Certification Basis electronic systems to command and between 7:30 a.m. and 4:00 p.m. Under the provision of § 21.101 of 14 control airplanes have made it necessary FOR FURTHER INFORMATION CONTACT: CFR part 21, AAC must show that the to provide adequate protection. Tim Backman, FAA, Standardization modified Boeing 727–100 continues to To ensure that a level of safety is Branch, ANM–113, Transport Airplane meet the applicable provisions of the achieved equivalent to that intended by Directorate, Aircraft Certification regulations incorporated by reference in the regulations incorporated by Service, 1601 Lind Avenue SW., TC A3WE, or the applicable regulations reference, a special condition is needed Renton, Washington, 98055–4056; in effect on the date of application for for the Boeing Model 727–100, as telephone (206) 227–2797; facsimile the change. The regulations modified by AAC, which requires that (206) 227–1149. incorporated by reference in the type new electrical and electronic systems SUPPLEMENTARY INFORMATION: certificate are commonly referred to as that perform critical functions be the ‘‘original type certification basis.’’ Comments Invited designed and installed to preclude The regulations incorporated by component damage and interruption of The FAA has determined that good reference in TC A3WE are as follows: function due to both the direct and cause exists for making this special CAR 4b, dated December 31, 1953, indirect effects of HIRF. condition effective upon issuance; including Amendments 4b–1 thru 4b– however, interested persons are invited 11, and Special CAR SR–422B. In High-Intensity Radiated Fields (HIRF) to submit such written data, views, or addition, the certification basis includes With the trend toward increased arguments as they may desire. § 25.1316, as added by Amendment 25– power levels from ground-based Communications should identify the 80, and may also include exemptions transmitters, plus the advent of space regulatory docket and special condition and other special conditions that are not and satellite communications, coupled number and be submitted in duplicate relevant to this special condition. This with electronic command and control of to the address specified above. All special condition will form an the airplane, the immunity of critical communications received on or before additional part of the type certification digital avionics systems to HIRF must be the closing date for comments will be basis. established. considered by the Administrator. This If the Administrator finds that the It is not possible to precisely define special condition may be changed in applicable airworthiness regulations the HIRF to which the airplane will be light of the comments received. All (i.e., CAR 4b or Part 25, as amended) do exposed in service. There is also comments submitted will be available in not contain adequate or appropriate uncertainty concerning the effectiveness the Rules Docket for examination by safety standards for the Boeing Model of airframe shielding for HIRF. interested persons, both before and after 727–100 series airplanes because of a Furthermore, coupling of the closing date for comments. A report novel or unusual design feature, special electromagnetic energy to cockpit- summarizing each substantive public conditions are prescribed under the installed equipment through the cockpit contact with FAA personnel concerning provisions of § 21.16 to establish a level window apertures is undefined. Based Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations 49333 on surveys and analysis of existing HIRF certification of the airplane, which is SUMMARY: This action corrects an error emitters, an adequate level of protection imminent, the FAA has determined that in the time of designation of a final rule exists when compliance with the HIRF prior public notice and comment are that was published in the Federal protection special condition is shown unnecessary and impracticable, and Register on August 11, 1995, Airspace with either paragraphs 1 or 2 below: good cause exists for adopting this Docket No. 95–ACE–8. 1. A minimum threat of 100 volts per special condition immediately. EFFECTIVE DATE: September 25, 1995. meter peak electric field strength from Therefore, this special condition is 10 KHz to 18 GHz. being made effective upon issuance. The FOR FURTHER INFORMATION CONTACT: Jim a. The threat must be applied to the FAA is requesting comments to allow Robinson, Military Operations Program system elements and their associated interested persons to submit views that Office (ATM–420), Office of Air Traffic wiring harnesses without the benefit of may not have been submitted in System Management, Federal Aviation airframe shielding. response to the prior opportunities for Administration, 800 Independence b. Demonstration of this level of comment described above. Avenue SW., Washington, DC 20591; protection is established through system telephone: (202) 493–4050. tests and analysis. List of Subjects in 14 CFR Part 25 2. A threat external to the airframe of Aircraft, Aviation safety, Reporting SUPPLEMENTARY INFORMATION: Federal the following field strengths for the and recordkeeping requirements. Register Document 95–19904, Airspace frequency ranges indicated: The authority citation for this special Docket No. 95–ACE–8, published on condition is as follows: August 11, 1995 (60 FR 40994), reduced the time of designation for Restricted Peak Aver- Fequency age Authority: 49 U.S.C. app. 1344, 1354(a), Areas R–3601A and R–3601B, (V/M) (V/M) 1355, 1421, 1423, 1424, 1425, 1428, 1429, 1430, and 49 U.S.C. 106(g). Brookville, KS. The time of designation 10 KHz±100 KHz ...... 50 50 was in error. This correction changes 100 KHz±500 KHz ...... 60 60 The Special Condition the time of designation for R–3601A and 500 KHz±2 MHz ...... 70 70 Accordingly, pursuant to the R–3601B from ‘‘Monday through Friday, 2 MHz±30 MHz ...... 200 200 authority delegated to me by the 0900 to 1700 local time; other times by 30 MHz±100 MHz ...... 30 30 Administrator, the following special NOTAM 6 hours in advance’’ to read 100 MHz±200 MHz ...... 150 33 condition is issued as part of the type ‘‘Monday through Saturday, 0900 to 200 MHz±400 MHz ...... 70 70 certification basis for the Boeing Model 1700 local time; other times by NOTAM 400 MHz±700 MHz ...... 4,020 935 6 hours in advance.’’ 700 MHz±1 GHz ...... 1,700 170 727–100, as modified by Associated Air 1 GHz±2 GHz ...... 5,000 990 Center. Correction of Final Rule 2 GHz±4 GHz ...... 6,680 840 1. Protection from Unwanted Effects 4 GHz±6 GHz ...... 6,850 310 of High-Intensity Radiated Fields Accordingly, pursuant to the 6 GHz±8 GHz ...... 3,600 670 (HIRF). Each electrical and electronic authority delegated to me, the time of 8 GHz±12 GHz ...... 3,500 1,270 system that performs critical functions designation for Restricted Areas R– 12 GHz±18 GHz ...... 3,500 360 must be designed and installed to 3601A and R–3601B, Brookville, KS, 18 GHz±40 GHz ...... 2,100 750 ensure that the operation and published in the Federal Register on operational capability of these systems August 11, 1995 (60 FR 40994; Federal As discussed above, this special to perform critical functions are not Register Document 95–19904, Columns condition is applicable to the Boeing adversely affected when the airplane is 2 and 3) is corrected as follows: Model 727–100 airplane, as modified by exposed to high intensity radiated AAC. Should AAC apply at a later date fields. § 73.36 [Corrected] for a supplemental type certificate to 2. For the purpose of this special * * * * * modify any other model included on condition, the following definition Type Certificate No. A3WE to applies: Critical Functions. Functions R–3601A Brookville, KS [Corrected] incorporate the same novel or unusual whose failure would contribute to or By removing the ‘‘Time of designation. design feature, this special condition cause a failure condition that would Monday through Friday, 0900 to 1700 local would apply to that model as well, prevent the continued safe flight and time; other times by NOTAM 6 hours in under the provisions of § 21.101(a)(1). landing of the airplane. advance.’’ and substituting the following: ‘‘Time of designation. Monday through Conclusion Issued in Renton, WA, on September 14, Saturday, 0900 to 1700 local time; other 1995. This action affects only certain design times by NOTAM 6 hours in advance.’’ features on the Boeing Model 727–100 Darrell M. Pederson, R–3601B Brookville, KS [Corrected] airplane. It is not a rule of general Acting Manager, Transport Airplane applicability and affects only the Directorate, Aircraft Certification Service. By removing the ‘‘Time of designation. applicant who applied to the FAA for [FR Doc. 95–23732 Filed 9–22–95; 8:45 am] Monday through Friday, 0900 to 1700 local approval of these features on the BILLING CODE 4910±13±M time; other times by NOTAM 6 hours in airplane. advance.’’ and substituting the following: The substance of the special condition ‘‘Time of designation. Monday through Saturday, 0900 to 1700 local time; other for this airplane has been subjected to 14 CFR Part 73 times by NOTAM 6 hours in advance.’’ the notice and comment procedure in [Airspace Docket No. 95±ACE±8] several prior instances and has been * * * * * derived without substantive change Change Time of Designation for Issued in Washington, DC, on September from those previously issued. It is Restricted Areas R±3601A and R± 15, 1995. unlikely that prior public comment 3601B, Brookville, KS Reginald C. Matthews, Acting Manager, Airspace-Rules and would result in a significant change AGENCY: Federal Aviation Aeronautical Information Division. from the substance contained herein. Administration (FAA), DOT. For this reason, and because a delay [FR Doc. 95–23607 Filed 9–22–95; 8:45 am] ACTION: Final rule; correction. would significantly affect the BILLING CODE 4910±13±U 49334 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations

COMMODITY FUTURES TRADING NW., Washington, DC 20581’’ and by § 3.50 [Amended] COMMISSION adding ‘‘Three Lafayette Centre, 1155 2. Section 3.50, paragraph (c) is 21st Street, NW., Washington, DC amended by removing ‘‘2033 K Street, 17 CFR Parts 1, 3, 4, 5, 9, 10, 11, 12, 20581’’ in its place. NW., Washington, DC 20581’’ and by 13, 14, 15, 31, 140, 144, 145, 146, 147, adding ‘‘Three Lafayette Centre, 1155 148, 149, 155, 170, 171 and 190 § 1.65 [Amended] 21st Street, NW., Washington, DC 3. Section 1.65, paragraph (d) is 20581’’ in its place. Commission Headquarters Office; amended by removing ‘‘2033 K Street Change of Address NW., Washington, DC 20581’’ and by § 3.70 [Amended] 3. Section 3.70, paragraph (a) is AGENCY: Commodity Futures Trading adding ‘‘Three Lafayette Centre, 1155 amended by removing ‘‘2033 K Street, Commission. 21st Street, NW., Washington, DC 20581’’ in its place. NW., Washington, DC 20581’’ and by ACTION: Final rule. adding ‘‘Three Lafayette Centre, 1155 SUMMARY: The Commodity Futures § 1.70 [Amended] 21st Street, NW., Washington, DC Trading Commission is amending its 4. Section 1.70, the concluding text of 20581’’ in its place. regulations to include the new address both paragraphs (a) and (b) is amended PART 4Ð[AMENDED] and, where appropriate, new office and by removing ‘‘2033 K Street NW., telephone numbers for its relocated Washington, DC 20581’’ and by adding § 4.2 [Amended] Headquarters Office. ‘‘Three Lafayette Centre, 1155 21st 1. Section 4.2, paragraph (a) is EFFECTIVE DATE: September 25, 1995. Street, NW., Washington, DC 20581’’ in amended by removing ‘‘2033 K Street, FOR FURTHER INFORMATION CONTACT: its place. NW., Washington, DC 20581’’ and by Stacy Yochum, Office of the Executive 5. Section 1.70, paragraph (c) is adding ‘‘Three Lafayette Centre, 1155 Director, Commodity Futures Trading revised to read as follows: 21st Street, NW., Washington, DC Commission, Three Lafayette Centre, 20581’’ in its place. 1155 21st Street, NW., Washington, DC, § 1.70 Notification of State enforcement actions brought under the Commodity PART 5Ð[AMENDED] 20581, (202) 418–5157. Exchange Act. SUPPLEMENTARY INFORMATION: * * * * * Appendix B to Part 5—[Amended] Commission regulations are being (c) Where it is impracticable to 1. Appendix B to part 5, paragraph (b) amended to reflect the fact that the is amended by removing ‘‘2033 K Street, Headquarters Office of the Commission provide the Commission with written notice within the time period specified NW., Washington, DC 20581’’ and by has been moved. The Commission adding ‘‘Three Lafayette Centre, 1155 previously occupied space at both 2033 in paragraph (b) of this section, the authorized state official must inform the 21st Street, NW., Washington, DC K Street, NW. and 2000 L Street, NW., 20581’’ in its place. Washington, DC. All headquarters Secretary of the Commission by offices will now be located at Three telephone as soon as practicable to Appendix C to Part 5—[Amended] institute a proceeding in state court and Lafayette Centre, 1155 21st Street, NW., 2. Appendix C to part 5, paragraph (b) must send the written notice required in Washington, DC 20581. is amended by removing ‘‘2033 K Street, paragraph (b)(1) through (b)(3) of this NW., Washington, DC 20581’’ and by List of Subjects section by facsimile or other similarly adding ‘‘Three Lafayette Centre, 1155 expeditious means of written 17 CFR Part 1 21st Street, NW., Washington, DC communication to the Secretary of the 20581’’ in its place. Brokers, Consumer protection, Commission, prior to instituting the Reporting and recordkeeping proceeding in state court. requirements. PART 9Ð[AMENDED] * * * * * § 9.4 [Amended] 17 CFR Part 145 6. Section 1.70, paragraph (d) is Confidential business information, amended by removing ‘‘2033 K Street, 1. In § 9.4, paragraph (a) each of the two occurrences of the phrase ‘‘2033 K Freedom of information. NW., Washington, DC 20581’’ and by adding ‘‘Three Lafayette Centre, 1155 Street, NW., Washington, DC 20581’’ is 17 CFR Part 147 removed and ‘‘Three Lafayette Centre, 21st Street, NW., Washington, DC 1155 21st Street, NW., Washington, DC Sunshine Act. 20581’’ in its place. Based upon the foregoing, pursuant to 20581’’ is added in each place. Appendix B to Part 1—[Amended] its authority contained in section § 9.11 [Amended] 2(a)(11) of the Commodity Exchange 7. Paragraph (c) of appendix B to part 2. Section 9.11, paragraph (c) is Act, 7 U.S.C. 4a(j), the Commission 1 is amended by removing ‘‘2033 K amended by removing ‘‘2033 K St., NW., hereby amends 17 CFR Chapter I of the Street, NW., Washington, DC 20581’’ Washington, DC 20581’’ and by adding Code of Federal Regulations as follows: and by adding ‘‘Three Lafayette Centre, ‘‘Three Lafayette Centre, 1155 21st 1155 21st Street, NW., Washington, DC Street, NW., Washington, DC 20581’’ in PART 1Ð[AMENDED] 20581’’ in its place. its place. 1. The authority citation for part 1 continues to read as follows: PART 3Ð[AMENDED] PART 11Ð[AMENDED] Authority: 7 U.S.C. 1a, 2, 2a, 4, 4a, 6, 6a, § 3.33 [Amended] Appendix A to Part 11—[Amended] 6b, 6c, 6d, 6e, 6f, 6g, 6h, 6i, 6j, 6k, 6l, 6m, 6n, 6o, 6p, 7, 7a, 7b, 8, 9, 12, 12a, 12c, 13a, 1. Section 3.33, paragraph (e) is 1. Appendix A to part 11 is amended 13a-1, 16, 16a, 19, 21, 23, 24. amended by removing ‘‘2033 K Street, by removing ‘‘2033 K St., NW., NW., Washington, DC 20581’’ and by Washington, DC 20581’’ and by adding § 1.62 [Amended] adding ‘‘Three Lafayette Centre, 1155 ‘‘Three Lafayette Centre, 1155 21st 2. Section 1.62, paragraph (b) is 21st Street, NW., Washington, DC Street, NW., Washington, DC 20581’’ in amended by removing ‘‘2033 K Street, 20581’’ in its place. its place. Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations 49335

PART 12Ð[AMENDED] 1155 21st Street, NW., Washington, DC Appendix C to Part 145—[Amended] 20581’’ in its place. § 12.3 [Amended] 7. Appendix C to part 145, Schedule 1. Section 12.3 is amended by PART 140Ð[AMENDED] of Fees for Reports, is removed. removing ‘‘2033 K Street, NW., Appendix D—[Amended] Washington, DC 20581’’ and by adding § 140.1 [Amended] ‘‘Three Lafayette Centre, 1155 21st 1. Section 140.1, paragraph (a) is 8. Appendix D to part 145, paragraph Street, NW., Washington, DC 20581’’ in amended by removing ‘‘2033 K Street, (c), is revised to read as follows: NW., Washington, DC 20581’’ and by its place. Appendix D to Part 145—Schedule of adding ‘‘Three Lafayette Centre, 1155 Fees for Weekly Advisory Calendar § 12.10 [Amended] 21st Street, NW., Washington, DC 2. In § 12.10, paragraph (a)(2), each of 20581’’ in its place. * * * * * the two occurrences of the phrase ‘‘2033 (c) Payment shall be made by check or K Street, NW., Washington, DC 20581’’ PART 144Ð[AMENDED] money order in the amount of $65.00 made is removed and ‘‘Three Lafayette Centre, payable to the Commodity Futures Trading § 144.1 [Amended] 1155 21st Street, NW., Washington, DC Commission. Checks or money orders should be sent to the Office of Public Affairs, 20581’’ is added in each place. 1. Section 144.1, paragraph (b) is amended by removing ‘‘2033 K Street, Commodity Futures Trading Commission, § 12.13 [Amended] NW., Washington, DC 20581’’ and by Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. Payment may 3. Section 12.13, paragraph (b)(3) is adding ‘‘Three Lafayette Centre, 1155 be accepted only by personnel in the Office amended by removing ‘‘2033 K Street, 21st Street, NW., Washington, DC of Public Affairs. NW., Washington, DC 20581’’ and by 20581’’ in its place. adding ‘‘Three Lafayette Centre, 1155 PART 146Ð[AMENDED] 21st Street, NW., Washington, DC PART 145Ð[AMENDED] § 146.3 [Amended] 20581’’ in its place. 1. The authority citation for part 145 continues to read as follows: 1. Section 146.3, paragraph (a) is § 12.18 [Amended] amended by removing ‘‘2033 K Street, 4. Section 12.18, paragraph (e) is Authority: Pub. L. 89–554, 80 Stat. 383, NW., Washington, DC 20581’’ and by amended by removing ‘‘2033 K Street, Pub. L. 90–23, 81 Stat. 54, Pub. L. 93–502, adding ‘‘Three Lafayette Centre, 1155 NW., Washington, DC 20581’’ and by 88 Stat. 1561–1564 (5 U.S.C. 552); Sec. 101(a), Pub. L. 93–463, 88 Stat. 1389 (5 21st Street, NW., Washington, DC adding ‘‘Three Lafayette Centre, 1155 20581’’ in its place. 21st Street, NW., Washington, DC U.S.C. 4a(j)); Pub. L. 99–570, unless otherwise noted. 20581’’ in its place. § 146.4 [Amended] § 145.6 [Amended] 2. Section 146.4, paragraph (b) is PART 13Ð[AMENDED] 2. Section 145.6, paragraph (a) is amended by removing ‘‘2033 K Street, § 13.2 [Amended] amended by removing ‘‘2033 K Street, NW., Washington, DC 20581’’ and by 1. Section 13.2 is amended by NW., Washington, DC 20581. The adding ‘‘Three Lafayette Centre, 1155 removing ‘‘2033 K Street, NW., telephone number of the compliance 21st Street, NW., Washington, DC Washington, DC 20581’’ and by adding staff is (202) 254–3382.’’ and by adding 20581’’ in its place. ‘‘Three Lafayette Centre, 1155 21st ‘‘Three Lafayette Centre, 1155 21st § 146.5 [Amended] Street, NW., Washington, DC 20581’’ in Street, NW., Washington, DC 20581’’ in its place. its place. 3. Section 146.5, paragraph (f) is amended by removing ‘‘2033 K Street, PART 14Ð[AMENDED] Appendix A to Part 145—[Amended] NW., Washington, DC 20581’’ and by 3. The introductory text of appendix adding ‘‘Three Lafayette Centre, 1155 § 14.9 [Amended] A to part 145 is amended by removing 21st Street, NW., Washington, DC 1. Section 14.9 is amended by ‘‘2033 K Street, NW., Washington, DC 20581’’ in its place. removing ‘‘2033 K Street, NW., 20581’’ and by adding ‘‘Three Lafayette Washington, DC 20581’’ and by adding Centre, 1155 21st Street, NW., § 146.6 [Amended] ‘‘Three Lafayette Centre, 1155 21st Washington, DC 20581’’ in its place. 4. Section 146.6, paragraph (d) is Street, NW., Washington, DC 20581’’ in 4. Appendix A to part 145, paragraph amended by removing ‘‘2033 K Street, its place. (a) is amended by removing the heading NW., Washington, DC 20581’’ and by ‘‘Office of Communication and adding ‘‘Three Lafayette Centre, 1155 PART 15Ð[AMENDED] Education Services’’ and by adding 21st Street, NW., Washington, DC § 15.05 [Amended] ‘‘Office of Public Affairs’’ in its place. 20581’’ in its place. 5. Appendix A to part 145, paragraph 1. Section 15.05, paragraph (d) is § 146.8 [Amended] amended by removing ‘‘2033 K Street, (b) is amended by removing the heading NW., Washington, DC 20581’’ and by ‘‘Office of the Secretariat, room 304 5. Section 146.8, paragraph (a) is adding ‘‘Three Lafayette Centre, 1155 (Public reading area with copying amended by removing ‘‘2033 K Street, 21st Street, NW., Washington, DC facilities available)’’ and by adding NW., Washington, DC 20581’’ and by 20581’’ in its place. ‘‘Office of the Secretariat, room 4072 adding ‘‘Three Lafayette Centre, 1155 (Public reading area with copying 21st Street, NW., Washington, DC PART 31Ð[AMENDED] facilities available)’’ in its place. 20581’’ in its place. 6. Appendix A to part 145, paragraph 6. Section 146.8, paragraph (d) is Appendix A to Part 31—[Amended] (c) is amended by removing the heading amended by removing ‘‘2033 K Street, 1. Appendix A to part 31, paragraph ‘‘Executive Director, Office of NW., Washington, DC 20581’’ and by (b) is amended by removing ‘‘2033 K Proceedings, 2000 L Street, NW., adding ‘‘Three Lafayette Centre, 1155 Street, NW., Washington, DC 20581’’ Washington, DC’’ and by adding ‘‘Office 21st Street, NW., Washington, DC and by adding ‘‘Three Lafayette Centre, of Proceedings’’ in its place. 20581’’ in its place. 49336 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations

§ 146.9 [Amended] NW., Washington, DC 20581’’ and by § 171.8 [Amended] 7. Section 146.9, paragraph (c) is adding ‘‘Three Lafayette Centre, 1155 2. Section 171.8, paragraphs (a) and amended by removing ‘‘2033 K Street, 21st Street, NW., Washington, DC (b) are amended by removing ‘‘2000 L. NW., Washington, DC 20581’’ and by 20581’’ in its place. Street, NW., Washington, DC 20581’’ adding ‘‘Three Lafayette Centre, 1155 and by adding ‘‘Three Lafayette Centre, § 147.8 [Amended] 21st Street, NW., Washington, DC 1155 21st Street, NW., Washington, DC 20581’’ in its place. 5. Section 147.8, paragraph (a) is 20581’’ in its place. amended by removing ‘‘2033 K Street, § 146.11 [Amended] NW., Washington, DC 20581’’ and by PART 190Ð[AMENDED] 8. Section 146.11, paragraph (b) is adding ‘‘Three Lafayette Centre, 1155 amended by removing ‘‘2033 K Street, 21st Street, NW., Washington, DC § 190.10 [Amended] NW., Washington, DC 20581’’ and by 20581’’ in its place. 1. Section 190.10, paragraph (a) is adding ‘‘Three Lafayette Centre, 1155 amended by removing ‘‘2033 K Street, 21st Street, NW., Washington, DC § 147.9 [Amended] NW., Washington, DC 20581’’ and by 20581’’ in its place. 6. Section 147.9, paragraph (b) is adding ‘‘Three Lafayette Centre, 1155 21st Street, NW., Washington, DC Appendix A to Part 146—[Amended] amended by removing ‘‘2033 K Street, NW., Washington, DC 20581’’ and by 20581’’ in its place. 9. Appendix A to part 146, paragraph adding ‘‘Three Lafayette Centre, 1155 The foregoing rules shall be effective b. is amended by removing ‘‘2033 K 21st Street, NW., Washington, DC [date of publication]. The Commission Street, NW., Washington, DC 20581’’ 20581’’ in its place. finds that the amendments relate solely and by adding ‘‘Three Lafayette Centre, to agency organization, procedure or 1155 21st Street, NW., Washington, DC PART 148Ð[AMENDED] practice and that the public procedures 20581’’ in its place. and publication prior to the effective § 148.30 [Amended] date of the amendments, in accordance PART 147Ð[AMENDED] 1. Section 148.30 is amended by with the Administrative Procedure Act, 1. The authority citation for part 147 removing ‘‘2033 K Street, NW., as codified, 5 U.S.C. 553, are not continues to read as follows: Washington, DC 20581’’ and by adding required. ‘‘Three Lafayette Centre, 1155 21st Authority: Sec. 3(a), Pub. L. 94–409, 90 Street, NW., Washington, DC 20581’’ in Issued in Washington, DC, on September Stat. 1241 (5 U.S.C. 552b); sec. 101(a)(11), 20, 1995, by the Commission. its place. Pub. L. 93–463, 88 Stat. 1391 (7 U.S.C. 4a(j) Jean A. Webb, (Supp. V, 1975), unless otherwise noted. PART 149Ð[AMENDED] Secretary to the Commission. 2. Section 147.4, paragraph (d)(1) is [FR Doc. 95–23687 Filed 9–22–95; 8:45 am] § 149.170 [Amended] revised to read as follows: BILLING CODE 6351±01±P 1. Section 149.170, paragraph (c) is § 147.4 Procedure for announcing meetings. amended by removing ‘‘2033 K Street, NW., Room 202, Washington, DC DEPARTMENT OF HEALTH AND * * * * * 20581’’ and by adding ‘‘Three Lafayette (d)* * * HUMAN SERVICES (1) A public calendar shall be printed Centre, 1155 21st Street, NW., and distributed by the Commission on Washington, DC 20581’’ in its place. Food and Drug Administration a regular basis to interested persons to PART 155Ð[AMENDED] 21 CFR Part 175 provide advance public notice of meetings as required by paragraph (a) of § 155.5 [Amended] [Docket No. 90F±0205] this section, and, to the extent 1. Section 155.5, paragraph (d)(1) is practicable, as required by paragraphs amended by removing ‘‘2033 K Street, Indirect Food Additives; Adhesives (b) and (c) of this section. Upon request NW., Washington, DC 20581’’ and by and Components of Coatings in writing to the Office of Public Affairs, adding ‘‘Three Lafayette Centre, 1155 AGENCY: Food and Drug Administration, Commodity Futures Trading 21st Street, NW., Washington, DC HHS. Commission, Three Lafayette Centre, 20581’’ in its place. 1155 21st Street, NW., Washington, DC ACTION: Final rule. 20581, any person or organization will PART 170Ð[AMENDED] SUMMARY: The Food and Drug be sent the public calendar on a regular § 170.11 [Amended] Administration (FDA) is amending the basis free of charge. Copies of the public food additive regulations to provide for 1. Section 170.11, paragraph (a) is calendar also will be publicly available the safe use of hydrogenated dipentene amended by removing ‘‘2033 K Street, in the Commission’s Office of Public resin for use as a component of NW., Washington, DC 20581’’ and by Affairs. adhesives and coatings, hydrogenated adding ‘‘Three Lafayette Centre, 1155 * * * * * dipentene-styrene copolymer resin for 21st Street, NW., Washington, DC use as a component of adhesives, and § 147.5 [Amended] 20581’’ in its place. hydrogenated-beta-pinene-alpha- 3. Section 147.5, paragraphs (h) and pinene-dipentene copolymer resin for (i) are amended by removing ‘‘2033 K PART 171Ð[AMENDED] use as a component of adhesives and Street, NW., Washington, DC 20581’’ § 171.3 [Amended] coatings intended for use in contact and by adding ‘‘Three Lafayette Centre, with food. This action responds to a 1155 21st Street, NW., Washington, DC 1. Section 171.3 is amended by petition filed by Yasuhara Chemical Co., 20581’’ in its place. removing ‘‘2033 K Street, NW., Washington, DC 20581’’ and by adding Ltd. § 147.6 [Amended] ‘‘Three Lafayette Centre, 1155 21st DATES: Effective September 25, 1995; 4. Section 147.6, paragraph (c) is Street, NW., Washington, DC 20581’’ in written objections and request for a amended by removing ‘‘2033 K Street, its place. hearing by October 25, 1995. Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations 49337

ADDRESSES: Submit written objections to approve the petition are available for support of the objection in the event the Dockets Management Branch (HFA– inspection at the Center for Food Safety that a hearing is held. Failure to include 305), Food and Drug Administration, and Applied Nutrition by appointment such a description and analysis for any rm. 1–23, 12420 Parklawn Dr., with the information contact person particular objection shall constitute a Rockville, MD 20857. listed above. As provided in 21 CFR waiver of the right to a hearing on the FOR FURTHER INFORMATION CONTACT: 171.1(h), the agency will delete from the objection. Three copies of all documents Daniel N. Harrison, Center for Food documents any materials that are not shall be submitted and shall be Safety and Applied Nutrition (HFS– available for public disclosure before identified with the docket number 216), Food and Drug Administration, making the documents available for found in brackets in the heading of this 200 C St. SW., Washington, DC 20204, inspection. document. Any objections received in 202–418–3084. The agency has carefully considered response to the regulation may be seen the potential environmental effects of in the Dockets Management Branch SUPPLEMENTARY INFORMATION: In a notice this action. FDA has concluded that the between 9 a.m. and 4 p.m., Monday published in the Federal Register of action will not have a significant impact through Friday. July 17, 1990 (55 FR 29106), FDA on the human environment, and that an announced that a food additive petition environmental impact statement is not List of Subjects in 21 CFR Part 175 (FAP 7B4012) had been filed by required. The agency’s finding of no Adhesives, Food additives, Food Yasuhara Chemical Co., Ltd., 1080 significant impact and the evidence packaging. Takagi-cho Fuchu-city, Hiroshima 726 supporting that finding, contained in an Therefore, under the Federal Food, Japan. The petition proposed that the environmental assessment, may be seen Drug, and Cosmetic Act and under food additive regulations be amended to in the Dockets Management Branch authority delegated to the Commissioner provide for the safe use of hydrogenated (address above) between 9 a.m. and 4 of Food and Drugs and redelegated to dipentene resin for use as a component p.m., Monday through Friday. the Director, Center for Food Safety and of adhesives and coatings, hydrogenated Any person who will be adversely Applied Nutrition, 21 CFR part 175 is dipentene-styrene copolymer resin for affected by this regulation may at any amended as follows: use as a component of adhesives, and time on or before October 25, 1995, file hydrogenated-beta-pinene-alpha- with the Dockets Management Branch PART 175ÐINDIRECT FOOD pinene-dipentene copolymer resin for (address above) written objections ADDITIVES: ADHESIVES AND use as a component of adhesives and thereto. Each objection shall be COMPONENTS OF COATINGS coatings intended for use in contact separately numbered, and each with food. numbered objection shall specify with 1. The authority citation for 21 CFR FDA has evaluated data in the particularity the provisions of the part 175 continues to read as follows: petition and other relevant material. The regulation to which objection is made Authority: Secs. 201, 402, 409, 721 of the agency concludes that the proposed and the grounds for the objection. Each Federal Food, Drug, and Cosmetic Act (21 food additive uses are safe, and that numbered objection on which a hearing U.S.C. 321, 342, 348, 379e). § 175.105 Adhesives (21 CFR 175.105) is requested shall specifically so state. 2. Section 175.105 is amended in and § 175.300 Resinous and polymeric Failure to request a hearing for any paragraph (c)(5) by alphabetically coatings (21 CFR 175.300) of the food particular objection shall constitute a adding three new entries to the table to additive regulations should be amended waiver of the right to a hearing on that read as follows: as set forth below. objection. Each numbered objection for In accordance with § 171.1(h) (21 CFR which a hearing is requested shall § 175.105 Adhesives. 171.1(h)), the petition and the include a detailed description and * * * * * documents that FDA considered and analysis of the specific factual (c) * * * relied upon in reaching its decision to information intended to be presented in (5) * * *

Substances Limitations

******* Hydrogenated dipentene resin (CAS Reg. No. 106168±39±2). Hydrogenated dipentene-styrene copolymer resin (CAS Reg. No. 106168±36±9). Hydrogenated-beta-pinene-alpha-pinene-dipentene copolymer resin (CAS Reg. No. 106168±37±0).

3. Section 175.300 is amended in (xi) * * * Dated: September 14, 1995. paragraph (b)(3)(xi) by alphabetically * * * * * I. Kaye Wachsmuth, adding the following new entries to read Hydrogenated dipentene resin (CAS Reg. No. Acting Director, Center for Food Safety and as follows: 106168–39–2). For use only with Applied Nutrition. coatings in contact with acidic and [FR Doc. 95–23599 Filed 9–22–95; 8:45 am] § 175.300 Resinous and polymeric aqueous foods. coatings. Hydrogenated-beta-pinene-alpha-pinene- BILLING CODE 4160±01±F * * * * * dipentene copolymer resin (CAS Reg. No. 106168–37–0). For use only with (b) * * * coatings in contact with acidic and (3) * * * aqueous foods. * * * * * 49338 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations

21 CFR Part 178 FDA has evaluated data in the objection. Each numbered objection for petition and other relevant material. The which a hearing is requested shall [Docket No. 95F±0149] agency concludes that the proposed use include a detailed description and Indirect Food Additives: Adjuvants, of the additive is safe, and that the analysis of the specific factual Production Aids, and Sanitizers regulations in § 178.2010 should be information intended to be presented in amended as set forth below. support of the objection in the event AGENCY: Food and Drug Administration, In accordance with § 171.1(h) (21 CFR that a hearing is held. Failure to include HHS. 171.1(h)), the petition and the such a description and analysis for any ACTION: Final rule. documents that FDA considered and particular objection shall constitute a relied upon in reaching its decision to waiver of the right to a hearing on the SUMMARY: The Food and Drug approve the petition are available for objection. Three copies of all documents Administration (FDA) is amending the inspection at the Center for Food Safety shall be submitted and shall be food additive regulations to provide for and Applied Nutrition by appointment identified with the docket number the safe use of phosphorous acid, cyclic with the information contact person found in brackets in the heading of this butylethyl propanediol, 2,4,6-tri-tert- listed above. As provided in 21 CFR document. Any objections received in butylphenyl ester as an antioxidant and/ 171.1(h), the agency will delete from the response to the regulation may be seen or stabilizer in olefin polymers intended documents any materials that are not in the Dockets Management Branch for use in contact with food. This action available for public disclosure before between 9 a.m. and 4 p.m., Monday is in response to a petition filed by making the documents available for through Friday. General Electric Co. inspection. List of Subjects in 21 CFR Part 178 DATES: Effective September 25, 1995; The agency has carefully considered written objections and requests for a the potential environmental effects of Food additives, Food packaging. hearing by October 25, 1995. this action. FDA has concluded that the Therefore, under the Federal Food, ADDRESSES: Submit written objections to action will not have a significant impact Drug, and Cosmetic Act and under the Dockets Management Branch (HFA– on the human environment, and that an authority delegated to the Commissioner 305), Food and Drug Administration, environmental impact statement is not of Food and Drugs and redelegated to rm. 1–23, 12420 Parklawn Dr., required. The agency’s finding of no the Director, Center for Food Safety and Rockville, MD 20857. significant impact and the evidence Applied Nutrition, 21 CFR part 178 is FOR FURTHER INFORMATION CONTACT: Vir supporting that finding, contained in an amended as follows: D. Anand, Center for Food Safety and environmental assessment, may be seen Applied Nutrition (HFS–216), Food and in the Dockets Management Branch PART 178ÐINDIRECT FOOD Drug Administration, 200 C St. SW., (address above) between 9 a.m. and 4 ADDITIVES: ADJUVANTS, Washington, DC 20204, 202–418–3081. p.m., Monday through Friday. PRODUCTION AIDS, AND SANITIZERS SUPPLEMENTARY INFORMATION: In a notice Any person who will be adversely published in the Federal Register of affected by this regulation may at any 1. The authority citation for 21 CFR June 21, 1995 (60 FR 32329), FDA time on or before October 25, 1995, file part 178 continues to read as follows: announced that a food additive petition with the Dockets Management Branch Authority: Secs. 201, 402, 409, 721 of the (FAP 5B4463) had been filed by General (address above) written objections Federal Food, Drug, and Cosmetic Act (21 Electric Co., 501 Avery St., Parkersburg, thereto. Each objection shall be U.S.C. 321, 342, 348, 379e). WV 26102–1868. The petition proposed separately numbered, and each 2. Section 178.2010 is amended in the that the food additive regulations be numbered objection shall specify with table in paragraph (b) by alphabetically amended in § 178.2010 Antioxidants particularity the provisions of the adding a new entry under the headings and/or stabilizers for polymers (21 CFR regulation to which objection is made ‘‘Substances’’ and ‘‘Limitations’’ to read 178.2010) to provide for the safe use of and the grounds for the objection. Each as follows: phosphorous acid, cyclic butylethyl numbered objection on which a hearing propanediol, 2,4,6-tri-tert-butylphenyl is requested shall specifically so state. § 178.2010 Antioxidants and/or stabilizers ester as an antioxidant and/or stabilizer Failure to request a hearing for any for polymers. in olefin polymers intended for use in particular objection shall constitute a * * * * * contact with food. waiver of the right to a hearing on that (b) * * *

Substances Limitations

******* Phosphorous acid, cyclic butylethyl propanediol, 2,4,6-tri-tert- For use only at levels not to exceed 0.2 percent by weight of olefin butylphenyl ester (CAS Reg. No. 161717±32±4). polymers complying with § 177.1520(c) of this chapter, items 1.1, 1.2, or 1.3, and items 2.1, 2.2, or 2.3 (where the density of these polymers is not less than 0.94 gram per cubic centimeter), and items 3.1 or 3.2, provide that the finished polymer contacts food only of types I, II, and VI±B as described in Table 1 of § 176.170(c) of this chapter only under conditions of use B, C, D, E, F, G, and H as de- scribed in Table 2 of § 176.170(c) of this chapter. ******* Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations 49339

Dated: September 15, 1995. In accordance with the freedom of 21 CFR Part 522 Janice F. Oliver, information provisions of part 20 (21 Deputy Director for Systems and Support, CFR part 20) and § 514.11(e)(2)(ii) (21 Implantation or Injectable Dosage Center for Food Safety and Applied Nutrition. CFR 514.11(e)(2)(ii)), a summary of Form New Animal Drugs; Melarsomine [FR Doc. 95–23598 Filed 9–22–95; 8:45 am] safety and effectiveness data and Dihydrochloride for Injection BILLING CODE 4160±01±F information submitted to support AGENCY: Food and Drug Administration, approval of this application may be seen HHS. in the Dockets Management Branch ACTION: Final rule. 21 CFR Part 522 (HFA–305), Food and Drug Administration, rm. 1–23, 12420 SUMMARY: The Food and Drug Implantation or Injectable Dosage Parklawn Dr., Rockville, MD 20855, Administration (FDA) is amending the Form New Animal Drugs; Ketamine from 9 a.m. to 4 p.m., Monday through animal drug regulations to reflect Injection Friday. approval of a new animal drug application (NADA) filed by Rhone AGENCY: Food and Drug Administration, The agency has carefully considered HHS. Merieux, Inc. The NADA provides for the potential environmental effects of intramuscular use of injectable ACTION: Final rule. this action. FDA has concluded that the melarsomine dihydrochloride for the action will not have a significant impact treatment of heartworm disease in dogs. SUMMARY: The Food and Drug on the human environment, and that an EFFECTIVE DATE: September 25, 1995. Administration (FDA) is amending the environmental impact statement is not animal drug regulations to reflect FOR FURTHER INFORMATION CONTACT: required. The agency’s finding of no Marcia K. Larkins, Center for Veterinary approval of an abbreviated new animal significant impact and the evidence drug application (ANADA) filed by Medicine (HFV–112), Food and Drug supporting that finding, contained in an Fermenta Animal Health Co. The Administration, 7500 Standish Pl., environmental assessment, may be seen ANADA provides for intramuscular use Rockville, MD 20855, 301–827–0137. in the Dockets Management Branch of ketamine hydrochloride injection in SUPPLEMENTARY INFORMATION: Rhone cats for restraint and to produce (address above), between 9 a.m. and 4 Merieux, Inc., 7101 College Blvd., suite anesthesia that is suitable for diagnostic p.m., Monday through Friday. 610, Overland Park, KS 66210, filed or minor surgical procedures that do not List of Subjects in 21 CFR Part 522 NADA 141–042 to provide for require skeletal muscle relaxation and intramuscular use of the injectable drug in nonhuman primates for restraint. Animal drugs. product Immiticide Sterile Powder EFFECTIVE DATE: September 25, 1995. Therefore, under the Federal Food, which consists of a vial of lyophilized powder containing 50 milligrams of FOR FURTHER INFORMATION CONTACT: Drug, and Cosmetic Act and under melarsomine dihydrochloride to be Sandra K. Woods, Center for Veterinary authority delegated to the Commissioner of Food and Drugs and redelegated to reconstituted with the provided 2 Medicine (HFV–110), Food and Drug milliliters of sterile water. The drug is Administration, 7500 Standish Pl., the Center for Veterinary Medicine, 21 CFR part 522 is amended as follows: indicated for the treatment of stabilized, Rockville, MD 20855, 301–594–1616. class 1, 2, and 3 heartworm disease SUPPLEMENTARY INFORMATION: Fermenta PART 522ÐIMPLANTATION OR (asymptomatic to mild, moderate, and Animal Health Co., P.O. Box 338, 15th INJECTABLE DOSAGE FORM NEW severe, respectively) caused by and Oak Sts., Elwood, KS 66024, filed ANIMAL DRUGS immature (4 month-old, stage L5) to ANADA 200–029, which provides for mature adult infections of Dirofilaria intramuscular use of ketamine 1. The authority citation for 21 CFR immitis in dogs. The drug product is hydrochloride injection (equivalent to part 522 continues to read as follows: available by prescription. The NADA is 100 milligrams/milliliter (mg/mL) approved as of July 21, 1995, and the ketamine) in cats for restraint and to Authority: Sec. 512 of the Federal Food, regulations are amended in part 522 (21 produce anesthesia that is suitable for Drug, and Cosmetic Act (21 U.S.C. 360b). CFR part 522) by adding new § 522.1362 diagnostic or minor surgical procedures 2. Section 522.1222a is amended by to reflect the approval. The basis of that do not require skeletal muscle approval is discussed in the freedom of relaxation and in nonhuman primates removing and reserving paragraphs (a) and (d), and by revising paragraph (c) to information summary. for restraint. The drug is limited to use In accordance with the freedom of read as follows: by or on the order of a licensed information provisions of part 20 (21 veterinarian. § 522.1222a Ketamine hydrochloride CFR part 20) and § 514.11(e)(2)(ii) (21 Fermenta Animal Health’s ANADA injection. CFR 514.11(e)(2)(ii)), a summary of 200–029 for ketamine hydrochloride safety and effectiveness data and injection (equivalent to 100 mg/mL (a) [Reserved] information submitted to support ketamine) is approved as a generic copy * * * * * approval of this application may be seen of Fort Dodge Laboratories’ NADA 045– in the Dockets Management Branch   (c) Sponsors. See Nos. 000856, 290 for Vetalar /Ketaset (ketamine 045984, 054273, and 057319 in (HFA–305), Food and Drug hydrochloride injection equivalent to § 510.600(c) of this chapter. Administration, rm. 1–23, 12420 100 mg/mL ketamine). The ANADA is Parklawn Dr., Rockville, MD 20857, approved as of August 16, 1995, and the (d) [Reserved] between 9 a.m. and 4 p.m., Monday regulations are amended in 21 CFR * * * * * through Friday. 522.1222a(c) to reflect the approval. The Dated: September 8, 1995. Under section 512(c)(2)(F)(i) of the basis of approval is discussed in the Federal Food, Drug, and Cosmetic Act freedom of information summary. Stephen F. Sundlof, (21 U.S.C. 360b(c)(2)(F)(i)), this In addition, § 522.1222a is amended Director, Center for Veterinary Medicine. approval qualifies for 5 years of by removing and reserving paragraphs [FR Doc. 95–23600 Filed 9–22–95; 8:45 am] marketing exclusivity beginning July 21, (a) and (d). BILLING CODE 4160±01±F 1995, because no active ingredient 49340 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations

(including any ester or salt of the active (3) Limitations. Administer only by Copies of the State Implementation ingredient) has been approved in any deep intramuscular injection in the Plan (SIP) revision request and EPA’s other application under section lumbar muscles (L3-L5). Use a 23 gauge analysis are available for public 512(b)(1) of the act. 1 inch needle for dogs less than or equal inspection during normal business The agency has carefully considered to 10 kilograms (22 pounds) and a 22 hours at the following address: United the potential environmental effects of gauge 1 1/2 inch needle for dogs greater States Environmental Protection this action. FDA has concluded that the than 10 kilograms (22 pounds). Use Agency, Region VII, Air and Toxics action will not have a significant impact alternate sides with each Division, 726 Minnesota Avenue, on the human environment, and that an administration. The drug is Kansas City Kansas 66101. environmental impact statement is not contraindicated in dogs with class 4 FOR FURTHER INFORMATION CONTACT: required. The agency’s finding of no (very severe) heartworm disease (Caval Joshua A. Tapp, Air Planning and significant impact and the evidence Sydrome). Not for use in breeding Development Section, United States supporting that finding, contained in an animals and lactating or pregnant Environmental Protection Agency, environmental assessment, may be seen bitches. Federal law restricts this drug Region VII, Kansas City, Kansas 66101 in the Dockets Management Branch to use by or on the order of a licensed ((913) 551–7606). (address above) between 9 a.m. and 4 veterinarian. SUPPLEMENTARY INFORMATION: p.m., Monday through Friday. Dated: September 1, 1995. I. Review of State Submittal List of Subjects in 21 CFR Part 522 Stephen F. Sundlof, Director, Center for Veterinary Medicine. For many years, Missouri has been Animal drugs. issuing permits for major new sources Therefore, under the Federal Food, [FR Doc. 95–23603 Filed 9–22–95; 8:45 am] and for major modifications of existing Drug, and Cosmetic Act and under BILLING CODE 4160±01±F sources. Throughout this time, Missouri authority delegated to the Commissioner has also been issuing permits of Food and Drugs and redelegated to establishing limitations on the potential the Center for Veterinary Medicine, 21 ENVIRONMENTAL PROTECTION emissions from new sources so as to CFR part 522 is amended as follows: AGENCY avoid major source permitting requirements. This latter type of PART 522ÐIMPLANTATION OR 40 CFR Part 52 INJECTABLE DOSAGE FORM NEW permitting has been the subject of ANIMAL DRUGS [MO±21±1±6443(a); FRL±5289±6] various guidance from EPA, most notably the memorandum entitled 1. The authority citation for 21 CFR Approval and Promulgation of ‘‘Guidance on Limiting Potential to Emit part 522 continues to read as follows: Implementation Plans and Delegation in New Source Permitting’’ dated June Authority: Sec. 512 of the Federal Food, of 112(l) Authority; State of Missouri 13, 1989. Drug, and Cosmetic Act (21 U.S.C. 360b). The operating permit provisions in AGENCY: Environmental Protection title V of the Clean Air Act 2. New § 522.1362 is added to read as Agency (EPA). follows: Amendments of 1990 have created ACTION: Direct final rule. interest in mechanisms for limiting § 522.1362 Melarsomine dihydrochloride sources’ potential-to-emit, thereby SUMMARY: for injection. Missouri submitted its Rule allowing the sources to avoid being 10 CSR 10–6.065, entitled ‘‘Operating (a) Specifications. The drug consists defined as ‘‘major’’ with respect to title Permits,’’ for Federal approval. The rule of a vial of lyophilized powder V operating permit programs. A key would establish a mechanism for containing 50 milligrams of mechanism for such limitations is the creating federally enforceable melarsomine dihydrochloride which is use of FESOPs. EPA issued guidance on limitations that would reduce sources’ reconstituted with the provided 2 FESOPs in the Federal Register of June potential to emit such that sources milliliters of sterile water for injection. 28, 1989 (54 FR 27274). On April 6, could avoid major source permitting (b) Sponsor. See No. 050604 in 1994, Missouri submitted its newly requirements. This action approves this § 510.600(c) of this chapter. adopted rule 10 CSR 10–6.065 to (c) Conditions of use—(1) Amount. rule as satisfying the criteria set forth in provide for FESOPs in Missouri. This For asymptomatic to moderate (class 1 the Federal Register of June 28, 1989, rule would supplement the preexisting to class 2) heartworm disease: 2.5 for EPA approval of federally mechanism for establishing federally milligrams per kilogram of body weight enforceable state operating permit enforceable limitations on potential-to- (1.1 milligram per pound) twice, 24 programs (FESOP). In addition, this emit (i.e., new source permits). This hours apart. The series can be repeated action addresses Missouri’s program document evaluates whether Missouri in 4 months depending on the response covering both criteria pollutants has satisfied the requirements for this to the first treatment and the condition, (regulated under section 110 of the type of federally enforceable limitation age, and use of the dog. For severe (class Clean Air Act (CAA)) and hazardous air on potential-to-emit. 3) heartworm disease: Single injection pollutants (HAP) (regulated under As specified in the Federal Register of of 2.5 milligrams per kilogram followed, section 112). June 28, 1989, the first provision approximately 1 month later, by 2.5 DATES: This final rule is effective necessary for an FESOP program is that milligrams per kilogram administered November 24, 1995, unless by October the state must have approved operating twice, 24 hours apart. 25, 1995 adverse or critical comments permit regulations. Rule 10 CSR 10– (2) Indications. Treatment of are received. 6.065 sections 1, 2, 3, 4(C)-(P), 5, and 7 stabilized, class 1, 2, and 3 heartworm ADDRESSES: Written comments should serve as the foundation for the FESOP disease (asymptomatic to mild, be addressed to: Joshua A. Tapp, Air rule and the rule defines the moderate, and severe, respectively) Planning and Development Section, ‘‘intermediate’’ permitting program. caused by immature (4 month-old, stage United States Environmental Protection EPA approval of the program will satisfy L5) to mature adult infections of Agency, 726 Minnesota Avenue, Kansas the first provision for Federal Dirofilaria immitis in dogs. City, Kansas 66101. enforceability. Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations 49341

The second provision is that sources The fifth requirement is that the section 112(l) of the Act. EPA currently have a legal obligation to comply with permits must be subject to public notice anticipates that these criteria, as they permit terms, and that EPA may deem and review. Rules 10 CSR 10– apply to FESOP programs, will mirror as ‘‘not federally enforceable’’ those 6.065(5)(C)3 and 10 CSR 10–6.065(7) those set forth in the June 28, 1989, permits which it finds fail to satisfy provide that permits intended to document, with the addition that the applicable requirements. Rule 10 CSR establish federally enforceable state’s authority must extend to HAPs 10–6.065 requires sources to obtain limitations on potential-to-emit may not instead of, or in addition to, VOCs and permits to operate, authorizes Missouri be issued without first providing particulate matter. EPA currently to establish terms and conditions in opportunity for public comment. anticipates that FESOP programs that these permits ‘‘to ensure compliance Missouri has requested that EPA are approved pursuant to section 112(l) with applicable requirements,’’ and authorize federally enforceable prior to the subpart E revisions will authorizes the state to suspend or limitations on potential-to-emit for both have had to meet these criteria and, revoke permits if the source violates the pollutants regulated under section 110 hence, will not be subject to any further terms or conditions. In addition, of the Act (‘‘criteria pollutants’’) and approval action. Missouri’s definition of ‘‘federally pollutants regulated under section 112 EPA believes it has authority under enforceable’’ states that an operating (HAPs). As discussed above, the June section 112(l) to approve programs to permit is federally enforceable only if it 28, 1989, Federal Register document limit potential-to-emit HAPs directly establishes terms and conditions which provided five specific criteria for under section 112(l) prior to this require adherence to its requirements approval of state operating permit revision to subpart E. Section 112(l)(5) (10 CSR 10–6.020(2)F(2)). Thus, this programs for the purpose of establishing requires EPA to disapprove programs rule imposes a legal obligation on federally enforceable limits on a that are inconsistent with guidance sources to comply with permit terms. source’s potential-to-emit. This 1989 required to be issued under section The third requirement for FESOPs is document addressed only SIP programs 112(l)(2). This might be read to suggest that the program require all limits to be to control criteria pollutants. Federally that the ‘‘guidance’’ referred to in at least as stringent as other applicable enforceable limits on criteria pollutants section 112(l)(2) was intended to be a federally enforceable provisions. Rule (especially volatile organic compounds binding rule. Even under this 10 CSR 10–6.065(5)(C)1 provides that (VOC) and particulate matter) may have interpretation, EPA does not believe that terms and conditions in permits must the incidental effect of limiting certain section 112(l) requires this rulemaking HAPs listed pursuant to section 112(b). ‘‘be at least as stringent as any other to be comprehensive. That is, it need This situation would occur when a not address all instances of approval applicable limitations and requirements pollutant classified as an HAP is also under section 112(l). EPA has already contained in the implementation plan or classified as a criteria pollutant (e.g., issued regulations under section 112(l) enforceable under the implementation benzene). 1 As a legal matter, no that would satisfy this requirement. plan.’’ These rules contain no additional program approval by EPA is Given the severe timing problems posed provisions authorizing terms and required in order for these criteria by impending deadlines under section conditions any less stringent than the pollutant limits to be recognized for this 112 and title V, EPA believes it is applicable requirements. purpose. reasonable to read section 112(l) to The fourth requirement is that the EPA has determined that the five allow for approval of programs to limit permit provisions must be permanent, approval criteria for approving FESOP potential-to-emit prior to issuance of a quantifiable, and otherwise enforceable programs into the SIP, as specified in rule specifically addressing this issue. as a practical matter. Permit the June 28, 1989, Federal Register Missouri’s satisfaction of the criteria ‘‘permanence’’ does not mean never document, are also appropriate for published in the Federal Register of providing for a modification, reissuance, evaluating and approving the programs June 28, 1989, has been discussed or revocation, for these elements are under section 112(l). Hence, the five above. In addition, Missouri’s FESOP fundamental in all air permit programs. criteria discussed above are applicable program meets the statutory criteria for Permanence instead is considered in to FESOP approvals under section 112(l) approval under section 112(l)(5). EPA terms of provisions having continuing as well as under section 110. believes that Missouri has adequate mandates, i.e., that EPA has assurance In addition to meeting the criteria in authority to ensure compliance with that the provisions are in effect through the June 28, 1989, document, an FESOP section 112 requirements since the third the life of the permit. In this case, the program for HAPs must meet the criteria of the June 28, 1989, document limitations on potential-to-emit will statutory criteria for approval under is met–that is, since the program does generally be sought by sources so as to section 112(l)(5). This section allows not provide for waiving any section 112 be redefined from ‘‘major’’ to ‘‘minor’’ EPA to approve a program only if it: (1) requirement. Nonmajor sources would for permitting purposes. Sources that Contains adequate authority to ensure still be required to meet applicable obtain such limitations must keep these compliance with any section 112 section 112 requirements. limitations in effect, so as never to be a standards or requirements; (2) provides Regarding adequate resources, ‘‘major’’ source violating the for adequate resources; and (3) provides Missouri has included in its request for requirement for a ‘‘major’’ source for an expeditious schedule for ensuring approval under section 112(l) a permit. The requirement for permit compliance with section 112 commitment to provide adequate provisions to be quantifiable and requirements. resources to implement and enforce the practically enforceable must be met on EPA plans to codify the approval program, which will be obtained from a permit-by-permit basis. Missouri’s criteria for programs limiting potential- fees collected under title V. EPA rules do provide in section 10 CSR 10– to-emit HAPs in subpart E of part 63, the believes that this mechanism will be 6.065(5)(C)2 for the issuance of regulations promulgated to implement sufficient to provide for adequate permanent, quantifiable, and resources to implement this program, enforceable permits. Thus, Missouri’s 1 EPA intends to issue guidance addressing the and will monitor the state’s rules provide for legally enforceable technical aspects of how these criteria pollutant implementation of the program to limits may be recognized for purposes of limiting permits that EPA may evaluate for a source’s potential-to-emit of HAPs to below ensure that adequate resources continue practical enforceability. section 112 major source levels. to be available. 49342 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations

Missouri’s FESOP program also meets certain actions and also require the purposes of judicial review, nor does it the requirement for an expeditious private sector to perform certain duties. extend the time within which a petition schedule for ensuring compliance. A To the extent that the rules being for judicial review may be filed, and source seeking a voluntary limit on finalized for approval by this action will shall not postpone the effectiveness of potential-to-emit is probably doing so to impose new requirements, sources are such rule or action. avoid a Federal requirement applicable already subject to these regulations This action may not be challenged on a particular date. Nothing in this under state law. Accordingly, no later in proceedings to enforce its program would allow a source to avoid additional costs to state or local requirements. (See section 307(b)(2).) or delay compliance with the Federal governments, or to the private sector, requirement if it fails to obtain the result from this final action. EPA has List of Subjects in 40 CFR Part 52 appropriate federally enforceable limit also determined that this final action Environmental Protection, Air by the relevant deadline. does not include a mandate that may pollution control, Hydrocarbons, result in estimated costs of $100 million Incorporation by reference, Lead, II. Rulemaking Action or more to state or local governments in Nitrogen dioxide, Ozone, Particulate EPA finds that the criteria for the aggregate or to the private sector. matter, Volatile organic compounds. Missouri to be able to issue FESOPs are Nothing in this action should be Dated: August 9, 1995. met, and is today approving Rule 10 construed as permitting, allowing, or CSR 10–6.065 sections 1, 2, 3, 4(C)-(P), establishing a precedent for any future Dennis Grams, 5, and 7. It is important to note that request for revision to any SIP. EPA Regional Administrator. Missouri’s rule 10 CSR 10–6.065 shall consider each request for revision Part 52, chapter I, title 40 of the Code contains the requirements for a part 70 to the SIP in light of specific technical, of Federal Regulations is amended as permit program, an intermediate permit economic, and environmental factors, follows: program which EPA is approving in this and in relation to relevant statutory and action, and a basic permit program regulatory requirements. PART 52Ð[AMENDED] which applies to minor sources. To The Office of Management and Budget some extent, the requirements for these has exempted these regulatory actions 1. The authority citation for part 52 programs overlap within the rule. EPA from review under Executive Order continues to read as follows: wants to make clear that it is only 12866. Authority: 42 U.S.C. 7401–7671q. approving the language and Under the Regulatory Flexibility Act, requirements of this rule as they apply 5 U.S.C. 600 et seq., EPA must prepare Subpart AAÐMissouri to Missouri’s intermediate operating a regulatory flexibility analysis permit program. assessing the impact of any proposed or 2. Section 52.1320 is amended by EPA is publishing this action without final rule on small entities (5 U.S.C. 603 adding paragraph (c)(88) to read as prior proposal because the Agency and 604). Alternatively, EPA may certify follows: views this as a noncontroversial that the rule will not have a significant amendment and anticipates no adverse impact on a substantial number of small § 52.1320 Identification of plan. comments. However, in a separate entities. Small entities include small * * * * * document in the Federal Register businesses, small not-for-profit (c)* * * publication, EPA is proposing to enterprises, and government entities (88) This revision submitted by the approve the SIP revision should adverse with jurisdiction over populations of Missouri Department of Natural or critical comments be filed. less than 50,000. Resources on March 31, 1994, relates to If EPA receives such comments, this SIP approvals under section 110 and intermediate sources, and the EPA is not action will be withdrawn before the subchapter I, part D of the CAA do not approving the basic operating permit effective date by publishing a create any new requirements, but program. This revision establishes a subsequent document that will simply approve requirements that the mechanism for creating federally withdraw the final action. All public state is already imposing. Therefore, enforceable limitations. Emission comments received will then be because the Federal SIP approval does limitations and related provisions addressed in a subsequent final rule not impose any new requirements, I which are established in Missouri based on this action serving as a certify that it does not have a significant operating permits as federally proposed rule. EPA will not institute a impact on any small entities affected. enforceable conditions shall be second comment period on this action. Moreover, due to the nature of the enforceable by EPA. EPA reserves the Any parties interested in commenting Federal-state relationship under the right to deem permit conditions not on this action should do so at this time. CAA, preparation of a regulatory federally enforceable. Such a Under sections 202, 203, and 205 of flexibility analysis would constitute determination will be made according to the Unfunded Mandates Reform Act of Federal inquiry into the economic appropriate procedures and be based 1995 (‘‘Unfunded Mandates Act’’), reasonableness of state action. The CAA upon the permit, permit approval signed into law on March 22, 1995, EPA forbids EPA to base its actions procedures, or permit requirements must undertake various actions in concerning SIPs on such grounds which do not conform with the association with proposed or final rules (Union Electric Co. v. United States operating permit program requirements that include a Federal mandate that may EPA, 427 U.S. 246, 256–66 (S.Ct. 1976); or the requirements of EPA’s underlying result in estimated costs of $100 million 42 U.S.C. 7410(a)(2)). regulations. or more to the private sector, or to state, Under section 307(b)(1) of the CAA, (i) Incorporation by reference. local, or tribal governments in the petitions for judicial review of this (A) 10 C.S.R. 10–6.065 (sections 1, 2, aggregate. action must be filed in the United States 3, 4(C)-(P), 5, and 7) Operating Permits, Through submission of this SIP Court of Appeals for the appropriate effective May 9, 1994. revision, the state has elected to adopt circuit by November 24, 1995. Filing a (ii) Additional material. the program provided for under section petition for reconsideration by the (A) Letter from Missouri to EPA 110 of the CAA. These rules may bind Administrator of this final rule does not Region VII dated November 7, 1994, state and local governments to perform affect the finality of this rule for the regarding how Missouri intends to Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations 49343 satisfy the requirements set forth in the 95–01, should make an appointment at II. Final Action and Implications Clean Air Act Amendments at sections least 24 hours before the visiting day. A. Analysis of State Submission and 112(l)(5)(A), (B), and (C). FOR FURTHER INFORMATION CONTACT: Kim Response to Public Comments (B) Two letters from Missouri to EPA Gates, Title V Program Development Region VII dated October 3, 1994, and Team, Air Programs Branch, Air On June 21, 1995, EPA proposed February 10, 1995, supplementing the Pesticides & Toxics Management interim approval of Florida’s title V November 7, 1994, letter and clarifying Division, U.S. Environmental Protection operating permit program. See 60 FR that Missouri does have adequate Agency, Region 4, 345 Courtland Street 32292. The program elements discussed authority to limit potential-to-emit of NE., Atlanta, GA 30365, (404) 347–3555, in the proposal notice are unchanged hazardous air pollutants through the Ext. 4146. from the proposal notice and continue state operating permit program. to substantially meet the requirements SUPPLEMENTARY INFORMATION: of title V and part 70. For detailed * * * * * information on EPA’s analysis of 3. Section 52.1323 is amended by I. Background and Purpose Florida’s program submittal, please refer adding paragraph (i) to read as follows: Title V of the 1990 Clean Air Act to the Technical Support Document Amendments (sections 501–507 of the § 52.1323 Approval status. (TSD) contained in the docket at the Clean Air Act (the Act) and the address noted above. * * * * * implementing regulations at 40 Code of (i) Emission limitations and related EPA received three letters during the Federal Regulations (CFR) part 70 30-day public comment period held on provisions which are established in require that States develop and submit Missouri’s operation permits as the proposed interim approval of operating permits programs to EPA by Florida’s program. One respondent federally enforceable conditions shall be November 15, 1993, and that EPA act to enforceable by EPA. EPA reserves the requested a 90-day extension of the approve or disapprove each program public comment period based on the right to deem permit conditions not within one year after receiving the federally enforceable. Such a guidance memorandum entitled ‘‘White submittal. If the State’s submission is Paper for Streamlined Development of determination will be made according to materially changed during the one-year appropriate procedures, and be based Part 70 Permit Applications’’ issued by review period, 40 CFR 70.4(e)(2) allows EPA on July 10, 1995. The respondent upon the permit, permit approval EPA to extend the review period for no procedures, or permit requirements suggested that the White Paper more than one year following receipt of memorandum provides more flexibility which do not conform with the the additional materials. EPA received operating permit program requirements for insignificant activities than allowed Florida’s title V operating permit for in part 70 and in the proposal notice. or the requirements of EPA’s underlying program submittal on November 16, regulations. EPA denied the extension request 1993. The State provided EPA with because the policies set forth in the [FR Doc. 95–23719 Filed 9–22–95; 8:45 am] additional materials in supplemental White Paper memorandum are intended BILLING CODE 6560±50±F submittals dated July 8, 1994, November solely as guidance and do not change 28, 1994, December 21, 1994, December the current part 70 requirements. 22, 1994, and January 11, 1995. Because EPA received two comment letters on 40 CFR Part 70 the supplements materially changed the the proposed interim approval of [FL±95±01; FRL±5302±5] State’s title V program submittal, EPA Florida’s program, one from an industry extended the one-year review period. commenter and the other from the State. Clean Air Act Final Interim Approval of EPA reviews state operating permit In response to the comments, several of Operating Permit Program; State of programs pursuant to section 502 of the the conditions for full program approval Florida Act and the part 70 regulations, which discussed in the proposal notice are together outline criteria for approval or being revised. The changes are AGENCY: Environmental Protection disapproval. Where a program Agency (EPA). discussed below along with the substantially, but not fully, meets the conditions for full approval that remain ACTION: Final interim approval. requirements of part 70, EPA may grant unchanged. the program interim approval for a SUMMARY: EPA is promulgating interim period of up to two years. If EPA has not 1. Definition of ‘‘Major Source’’ approval of the operating permit fully approved a program by November Florida’s definition of ‘‘major source’’ program submitted by the Florida 15, 1995, or by the end of an interim in the original program submittal (see Department of Environmental Protection program, it must establish and Rule 62–213.200(19)(a), F.A.C.) implied for the purpose of complying with implement a Federal operating permit that emissions of criteria pollutants Federal requirements for an approvable program for that state. from any oil or gas exploration or State program to issue operating permits On June 21, 1995, EPA proposed production well (with its associated to all major stationary sources, and to interim approval of Florida’s operating equipment) and emissions from any certain other sources. permit program. See 60 FR 32292. The pipeline compressor or pump station EFFECTIVE DATE: October 25, 1995. June 21, 1995 notice also proposed would not be aggregated with emissions ADDRESSES: Copies of Florida’s approval of Florida’s interim of criteria pollutants from other similar submittal and the other supporting mechanism for implementing section units. Since Florida’s definition of information used in developing the final 112(g) and for delegation of section 112 ‘‘major source’’ conflicted with the part interim approval are available for standards and programs that are 70 definition, revision of the State’s inspection during normal business unchanged from the Federal rules as definition was identified in the proposal hours at the following location: U.S. promulgated. Public comment was notice as a condition of full program Environmental Protection Agency, solicited on these proposed actions. In approval. Region 4, 345 Courtland Street NE., this notice, EPA is responding to the In its comment letter, the State Atlanta, GA 30365. Interested persons comments received and taking final indicated that the definition of ‘‘major wanting to examine these documents, action to promulgate interim approval of source’’ in Rule 62–213.200(19)(a), contained in EPA docket number FL– Florida’s operating permit program. F.A.C., has been amended to clarify that 49344 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations the non-aggregation in the described justification for establishing an Florida’s program, the State has situations applies only to hazardous air aggregate emissions threshold of 50 tpy established detailed reporting criteria pollutants (HAPs). Florida’s amended for the triggering of the carbon which complicate this interaction and rule became effective on April 18, 1995, monoxide reporting requirements. give some validity to industry’s and was submitted to EPA as a formal Otherwise, Florida must establish comments. On further reflection, EPA supplement to the title V operating carbon monoxide emissions thresholds believes that it may have been overly permit program on August 4, 1995. that are consistent with the State’s prescriptive in requiring the State to Therefore, Florida has satisfied this emissions thresholds for particulates revise its levels for emissions reporting, condition for full program approval. (PM–10), sulfur dioxide, nitrogen which appear to function separately oxides, and volatile organic compounds. from its insignificant activities 2. Timely Application for Permit Rule 62–213.420(3)(c)3.b., F.A.C., provisions, and that an alternative Renewal provides for the reporting of HAPs when pathway exists in this case for full The State’s original program, in Rule a title V source emits or has the program approval. 62–4.090, F.A.C., required renewal potential to emit 8 tpy or more of any Accordingly, EPA is revising the applications to be submitted 60 days single HAP, or 20 tpy or more of any condition for full approval to require prior to expiration of existing operating combination of HAPs. Once these Florida to add language to the permits. This requirement conflicted thresholds have been met, emissions are applicability provisions in Rule 62– with the requirement of 40 CFR identified and reported for each 213.400, F.A.C., to ensure that (1) 70.5(a)(1)(iii) and the State’s timeframe emissions unit with the potential to Applications do not omit information did not ensure that a permit would not emit 1 tpy of any individual HAP. All needed to determine or impose expire prior to renewal. Revision of Rule fugitive emissions not associated with applicable requirements (as defined in 62–4.090, F.A.C., to require submittal of any specific emissions units are also Rule 62–213.200(6), F.A.C.); (2) permit renewal applications six months reportable when such emissions exceed insignificant activities or emissions prior to expiration of existing title V 1 tpy of any individual HAP. units will not be exempted from the permits was identified in the proposal Since insignificant emissions levels determination of whether a source is notice as a condition of full program are reviewed relative to threshold levels major; and (3) emissions thresholds for approval. for determining major source status, as individual activities or units that are In its comment letter, the State well as levels at which applicable exempted will not exceed 5 tpy for indicated that rulemaking has been requirements are triggered, EPA regulated air pollutants, and the lesser completed to address the requirement in requested in the proposal notice that of 1000 pounds per year or section 40 CFR 70.5(a)(1)(iii) for submittal of Florida revise the reporting thresholds 112(g) de minimis levels for HAPs or renewal applications six months prior to for HAPs emissions as a condition of different thresholds that the State the expiration of existing operating full program approval. EPA suggested demonstrates are insignificant. HAPs emissions thresholds of the lesser permits. The State’s amended Rule 62– (b) Specific Exemptions 4.090, F.A.C., became effective on April of 1000 lbs/year or section 112(g) de 18, 1995 and was submitted to EPA as minimis levels. Rule 62–210.300(3), F.A.C., exempts a formal supplement to the title V Two commenters responded to EPA’s specific facilities, emissions units, or pollutant-emitting activities from the operating permit program on August 4, request for revision of the State’s HAPs title V permitting process. As a 1995. Therefore, Florida has satisfied reporting thresholds. The industry condition of full approval, the State this condition for full program approval. commenter stated that the emissions thresholds requested by EPA contradict must revise Rule 62–210.300(3), F.A.C., 3. Insignificant Activities Provisions the White Paper guidance memorandum to provide that (1) Applications do not because the more stringent thresholds omit information needed to determine (a) Emissions Thresholds for Reporting would require permit applicants to or impose applicable requirements (as Rule 62–213.420(3)(c), F.A.C., develop detailed tpy estimates when defined in Rule 62–213.200(6), F.A.C.); contains reporting requirements for the reporting HAP emissions or when (2) insignificant activities or emissions emissions of criteria pollutants at title V classifying insignificant activities, even units will not be exempted from the sources. The State has indicated that the for sources identified as major and for determination of whether a source is emissions thresholds in Rule 62– emissions units that have no applicable major; and (3) emissions thresholds for 213.420(3)(c)2., F.A.C., which trigger the requirements. The industry commenter individual activities or units that are reporting requirements are based on the emphasized that requiring detailed tpy exempted will not exceed 5 tpy for presumption that the requirements need emission estimates for emissions units regulated air pollutants, and the lesser to be stringent enough to identify that have no applicable requirements is of 1000 pounds per year or section applicable requirements and to suffice contrary to the reporting guidelines 112(g) de minimis levels for HAPs or for inventorying emissions to evaluate presented in the White Paper different thresholds that the State the impact on ambient air memorandum. The State, in its demonstrates are insignificant. concentrations. However, the aggregate comment letter, also expressed concern In addition, several of the specific threshold of 50 tons per year (tpy) for that making the HAPs reporting exemptions in Rule 62–210.300(3), carbon monoxide appears to be thresholds more stringent is F.A.C., must either be removed from the inconsistent with the State’s objective. contradictory to EPA’s goal of rule or revised as a condition of full Since the aggregate threshold of 50 tpy streamlining and simplifying the permit approval. Specifically, Rule 62– must be met prior to the reporting of application process. 210.300(3)(a), F.A.C., exempts ‘‘(s)team carbon monoxide in the permit EPA would like to point out that, as and hot water generating units located application, the potential exists for a general matter, the flexibility within a single facility and having a carbon monoxide to be inappropriately explained in the White Paper total heat input, individually or excluded due to miscalculations. memorandum is in addition to, and collectively, equaling 50 million BTU/hr Therefore, as a condition of full does not necessarily depend upon, a or less, and fired exclusively by natural program approval, the State must State’s insignificant activities gas except for periods of natural gas provide EPA with an acceptable provisions. However, in the case of curtailment during which fuel oil Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations 49345 containing no more than one percent 112(g) de minimis levels for HAPs or different thresholds that the State sulfur is fired *** ’’ However, during different thresholds that the State demonstrates are insignificant. In the periods fuel oil is fired, these demonstrates are insignificant. addition, as discussed above, several sources could potentially emit sulfur specific exemptions in Rule 62– 4. Permit Reopenings Provisions dioxide in excess of major source 210.300(3), F.A.C., must either be thresholds. Since the potential The regulations in the State’s program removed from the rule or revised. emissions from these sources would not do not provide for permit reopenings for (c) Make regulatory provisions for be ‘‘insignificant,’’ this exemption must cause consistent with 40 CFR permit reopenings for cause consistent be removed from Rule 62–210.300(3), 70.7(f)(1)(i), (iii), and (iv). As a with 40 CFR 70.7(f)(1)(i), (iii), and (iv). F.A.C., as a condition of full approval. condition of full program approval, the The scope of the State of Florida’s Rule 62–210.300(3)(r), F.A.C., State must provide in its regulations part 70 program approved in this notice exempts ‘‘[p]erchloroethylene dry that: (1) If a permit is reopened and applies to all part 70 sources (as defined cleaning facilities with a solvent revised because additional applicable in the approved program) within the consumption of less than 1,475 gallons requirements become applicable to a State, except any sources of air per year.’’ However, at the annual major source with a remaining permit pollution over which an Indian Tribe consumption rate of 1,475 gallons of term of 3 or more years, such a has jurisdiction. See, e.g., 59 FR 55813, perchloroethylene, these facilities could reopening shall be completed within 18 55815–18 (November 9, 1994). The term potentially emit over 8 tpy of months after promulgation of the ‘‘Indian Tribe’’ is defined under the Act perchloroethylene. Since the potential applicable requirement; (2) a permit as ‘‘any Indian tribe, band, nation, or HAPs emissions from these sources is shall be reopened and revised if EPA or other organized group or community, not ‘‘insignificant,’’ this exemption must the State determines that the permit including any Alaska Native village, be removed from Rule 62–210.300(3), contains a material mistake or that which is Federally recognized as F.A.C., as a condition of full approval. inaccurate statements were made in eligible for the special programs and Rule 62–210.300(3)(u), F.A.C., establishing the emissions standards or services provided by the United States exempts ‘‘[e]mergency electrical other terms or conditions of the permit; to Indians because of their status as generators, heating units, and general and (3) a permit shall be reopened if Indians.’’ See section 302(r) of the CAA; purpose diesel engines operating no EPA or the State determine that the see also 59 FR 43956, 43962 (August 25, more than 400 hours per year . . .’’ permit must be revised or revoked to 1994); 58 FR 54364 (October 21, 1993). These sources could potentially have assure compliance with the applicable This interim approval, which may not emissions in excess of major source requirements. be renewed, extends until October 25, thresholds, depending on the fuel used 1997. During this interim approval and the unit’s size. Since the potential B. Final Action period, the State of Florida is protected emissions from these sources would not 1. Title V Operating Permit Program from sanctions, and EPA is not obligated be ‘‘insignificant,’’ this exemption must to promulgate, administer, and enforce be removed from Rule 62–210.300(3), EPA is promulgating interim approval a Federal operating permits program in F.A.C., as a condition of full approval. of the operating permit program the State. Permits issued under a Rule 62–210.300(3)(x), F.A.C., submitted by the State of Florida on program with interim approval have full exempts ‘‘[p]hosphogypsum disposal November 16, 1993, and supplemented standing with respect to part 70, and the areas and cooling ponds.’’ This on July 8, 1994, November 28, 1994, one-year time period for submittal of exemption potentially includes December 21, 1994, December 22, 1994, permit applications by subject sources phosphogypsum stacks, which emit and January 11, 1995. The State must begins upon the effective date of this radon and are subject to the make the following changes to receive final interim approval, as does the three- radionuclide National Emissions full program approval: year time period for processing the Standards for Hazardous Air Pollutants (a) Provide EPA with an acceptable initial permit applications. (NESHAPS) found in 40 CFR part 61, justification for establishing an If the State of Florida fails to submit subpart R. Therefore, as a condition of aggregate emissions threshold of 50 tpy a complete corrective program for full full approval, this exemption must be for the triggering of the carbon approval by April 25, 1997, EPA will revised to exclude phosphogypsum monoxide reporting requirements. start an 18-month clock for mandatory stacks. Otherwise, Florida must establish sanctions. If Florida then fails to submit carbon monoxide emissions thresholds a corrective program that EPA finds (d) Case-by-Case Exemptions that are consistent with the State’s complete before the expiration of that Rule 62–4.040(1)(b), F.A.C., allows emissions thresholds for particulates 18-month period, EPA will be required Florida to determine insignificant (PM–10), sulfur dioxide, nitrogen to apply one of the sanctions in section activities on a case-by-case basis during oxides, and volatile organic compounds. 179(b) of the Act, which will remain in the permitting process. As a condition (b) Revise Rules 62–4.040(1)(b), 62– effect until EPA determines that Florida of full approval, the State must revise 210.300(3), and 62–213.400, F.A.C., to has corrected the deficiency by Rule 62–4.040(1)(b), F.A.C., to provide provide that (1) Applications do not submitting a complete corrective that (1) Applications do not omit omit information needed to determine program. Moreover, if the Administrator information needed to determine or or impose applicable requirements (as finds a lack of good faith on the part of impose applicable requirements (as defined in Rule 62–213.200(6), F.A.C.); Florida, both sanctions under section defined in Rule 62–213.200(6), F.A.C.); (2) insignificant activities or emissions 179(b) will apply after the expiration of (2) insignificant activities or emissions units will not be exempted from the the 18-month period until the units will not be exempted from the determination of whether a source is Administrator determines that Florida determination of whether a source is major; and (3) emissions thresholds for has come into compliance. In any case, major; and (3) emissions thresholds for individual activities or units that are if, six months after application of the individual activities or units that are exempted will not exceed 5 tpy for first sanction, Florida still has not exempted will not exceed 5 tpy for regulated air pollutants, and the lesser submitted a corrective program that EPA regulated air pollutants, and the lesser of 1000 pounds per year or section has found complete, a second sanction of 1000 pounds per year or section 112(g) de minimis levels for HAPs or will be required. 49346 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations

If EPA disapproves Florida’s complete EPA is aware that Florida lacks a delegating all existing standards and corrective program, EPA will be program designed specifically to programs under 40 CFR parts 61 and 63. required to apply one of the section implement section 112(g). However, This program for delegations applies to 179(b) sanctions on the date 18 months Florida does have a preconstruction part 70 sources and non-part 70 after the effective date of the review program that can serve as an sources.1 disapproval, unless prior to that date the adequate implementation vehicle during III. Administrative Requirements State has submitted a revised program the transition period because it would and EPA has determined that it allow the State to select control A. Docket measures that would meet the corrected the deficiencies that prompted Copies of the State’s submittal and maximum achievable control the disapproval. Moreover, if the other information relied upon for the technology (MACT), as defined in Administrator finds a lack of good faith final interim approval, including the section 112, and incorporate these on the part of the Florida, both three comment letters received and measures into a Federally enforceable sanctions under section 179(b) will reviewed by EPA on the proposal apply after the expiration of the 18- preconstruction permit. For this reason, EPA is approving the notice, are contained in docket number month period until the Administrator FL–95–01 maintained at the EPA Region determines that the State has come into use of Florida’s preconstruction review program found in Rule 62–212, F.A.C., 4 office. The docket is an organized and compliance. In all cases, if, six months complete file of all the information after EPA applies the first sanction, under the authority of title V and part 70, solely for the purpose of submitted to, or otherwise considered Florida has not submitted a revised by, EPA in the development of this final program that EPA determines to have implementing section 112(g) to the extent necessary during the transition interim approval. The docket is corrected the deficiencies that prompted available for public inspection at the disapproval, a second sanction will be period between section 112(g) promulgation and adoption of a State location listed under the ADDRESSES required. section of this document. In addition, discretionary sanctions rule implementing EPA’s section 112(g) may be applied where warranted any regulations. Although section 112(l) B. Executive Order 12866 time after the expiration of an interim generally provides authority for approval of state air programs to The Office of Management and Budget approval period if a state has not timely has exempted this action from Executive submitted a complete corrective implement section 112(g), title V and section 112(g) provide for this limited Order 12866 review. program or EPA has disapproved a approval because of the direct linkage submitted corrective program. C. Regulatory Flexibility Act between the implementation of section Moreover, if EPA has not granted full 112(g) and title V. The scope of this EPA’s actions under section 502 of the approval to a state program by the approval is narrowly limited to section Act do not create any new requirements, expiration of an interim approval and 112(g) and does not confer or imply but simply address operating permit that expiration occurs after November approval for purpose of any other programs submitted to satisfy the 15, 1995, EPA must promulgate, provision under the Act (e.g., section requirements of 40 CFR part 70. Because administer, and enforce a Federal 110). This approval will be without this action does not impose any new operating permit program for that state effect if EPA decides in the final section requirements, it does not have a upon interim approval expiration. 112(g) rule that sources are not subject significant impact on a substantial 2. Preconstruction Review Program to the requirements of the rule until number of small entities. Implementing Section 112(g) State regulations are adopted. The D. Unfunded Mandates Reform Act of duration of this approval is limited to 18 1995 EPA issued an interpretive notice on months following promulgation by EPA February 14, 1995 (60 FR 8333), which of the section 112(g) rule to provide Under section 202 of the Unfunded outlines EPA’s revised interpretation of adequate time for the State to adopt Mandates Reform Act of 1995, signed section 112(g) applicability. The notice regulations consistent with the Federal into law on March 22, 1995, EPA must postpones the effective date of section requirements. prepare a budgetary impact statement to 112(g) until after EPA has promulgated accompany any proposed or final rule a rule addressing that provision. The 3. Program for Delegation of Section 112 that includes a Federal mandate that notice sets forth in detail the rationale Standards as Promulgated may result in estimated costs to State, for the revised interpretation. The requirements for part 70 program local, or tribal governments in the The section 112(g) interpretative approval, specified in 40 CFR 70.4(b), aggregate, or to the private sector, of notice explains that EPA is considering encompass section 112(l)(5) $100 million or more. Under section whether the effective date of section requirements for approval of a state 205, EPA must select the most cost- 112(g) should be delayed beyond the program for delegation of section 112 effective and least burdensome date of promulgation of the Federal rule standards promulgated by EPA as they alternative that achieves the objectives so as to allow states time to adopt rules apply to title V sources. Section implementing the Federal rule, and that 112(l)(5) requires that the State’s 1 The radionuclide National Emission Standards for Hazardous Air Pollutant (NESHAP) is a section EPA will provide for any such program contain adequate authorities, 112 regulation and therefore, also an applicable additional delay in the final section adequate resources for implementation, requirement under the State operating permits 112(g) rulemaking. Unless and until and an expeditious compliance program for part 70 sources. There is not yet a EPA provides for such an additional schedule, which are also requirements Federal definition of ‘‘major’’ for radionuclide sources. Therefore, until a major source definition postponement of section 112(g), Florida under part 70. Therefore, EPA is also for radionuclide is promulgated, no source would must have a Federally enforceable approving, under section 112(l)(5) and be a major section 112 source solely due to its mechanism for implementing section 40 CFR 63.91, Florida’s program for radionuclide emissions. However, a radionuclide 112(g) during the period between receiving delegation of section 112 source may, in the interim, be a major source under part 70 for another reason, thus requiring a part 70 promulgation of the Federal section standards and programs that are permit. EPA will work with the State in the 112(g) rule and adoption of unchanged from the Federal rules as development of its radionuclide program to ensure implementing State regulations. promulgated. In addition, EPA is that permits are issued in a timely manner. Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations 49347 of the rule and is consistent with 40 CFR Part 300 monitoring data at a minimum of every statutory requirements. Section 203 five years, or until such time when no [FRL±5301±7] requires EPA to establish a plan for hazardous substances, pollutants or informing and advising any small National Oil and Hazardous contaminants remain at the site above governments that may be significantly Substances Pollution Contingency levels that allow for unrestricted use or uniquely impacted by the rule. Plan National Priorities List and unlimited exposure. The EPA identifies sites that appear to EPA has determined that the AGENCY: Environmental Protection present a significant risk to public proposed interim approval action Agency. health, welfare, or the environment and promulgated today does not include a ACTION: Notice of Deletion of the E.I. du maintains the NPL as the list of those Federal mandate that may result in Pont de Nemours and Company sites. Sites on the NPL may be the estimated costs of $100 million or more (DuPont) County Road X23 Superfund subject of remedial actions financed by to State, local, or tribal governments in Site from the National Priorities List. the Hazardous Substance Response the aggregate, or to the private sector. Fund (Fund). Pursuant to § 105(e) of This Federal action approves pre- SUMMARY: The Environmental Protection CERCLA, any site deleted from the NPL existing requirements under State or Agency (EPA) Region VII announces the remains eligible for Fund-financed local law, and imposes no new Federal deletion of the E.I. du Pont de Nemours Remedial Actions if conditions at the requirements. Accordingly, no and Company County Road X23 site warrant such action. Deletion from additional costs to State, local, or tribal Superfund Site from the National the NPL does not affect responsible governments, or to the private sector, Priorities List (NPL). The NPL party liability or impede EPA efforts to result from this action. constitutes appendix B of 40 CFR Part recover costs associated with response 300 which is the National Oil and efforts. List of Subjects in 40 CFR Part 70 Hazardous Substances Pollution Contingency Plan (NCP) which the EPA List of Subjects in 40 CFR Part 300 Environmental protection, promulgated pursuant to section 105 of Environmental protection, Chemicals, Administrative practice and procedure, the Comprehensive Environmental Hazardous substances, Hazardous Air pollution control, Intergovernmental Response, Compensation, and Liability wastes, Superfund. relations, Operating permits, and Act (CERCLA), as amended. This action Dated: August 9, 1995. Reporting and recordkeeping is being taken as Superfund Remedial Dennis Grams, requirements. Activities have been completed at the Regional Administrator. Dated: September 15, 1995. Site and EPA and the State of Iowa have For the reasons set out in the John H. Hankinson, Jr., determined that no further cleanup by the Responsible Party is appropriate preamble 40 CFR part 300 is amended Regional Administrator. under CERCLA. Moreover, EPA and the as follows: State have determined that CERCLA Part 70, title 40 of the Code of Federal PART 300Ð[AMENDED] Regulations is amended as follows: activities conducted at the Site to date have been protective of public health, 1. The authority citation for part 300 PART 70Ð[AMENDED] welfare and the environment. continues to read as follows: EFFECTIVE DATE: September 25, 1995. Authority: 42 U.S.C. 9601–9657; 33 U.S.C. 1. The authority citation for part 70 FOR FURTHER INFORMATION CONTACT: Paul 1321(c)(2); E.O. 12777, 56 FR 54757, 3 CFR, continues to read as follows: W. Roemerman, Remedial Project 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, Authority: 42 U.S.C. 7401, et seq. Manager, Superfund Branch, U.S. 3 CFR, 1987 Comp., p. 193. Environmental Protection Agency, Appendix B—[Amended] 2. Appendix A to part 70 is amended Region VII, 726 Minnesota Ave., Kansas by adding the entry for the State of City, KS 66101, (913) 551–7694. 2. Table 1 of appendix B to part 300 Florida in alphabetical order to read as SUPPLEMENTARY INFORMATION: The site to is amended by removing the Site ‘‘E.I. follows: be deleted from the NPL is the E.I. du du Pont de Nemours and Company Pont de Nemours and Company County County Road X23 Superfund Site, Lee Appendix A to Part 70—Approval County, Iowa’’. Status of State and Local Operating Road X23 Superfund Site, Fort Madison, Lee County, Iowa. Permits Programs [FR Doc. 95–23708 Filed 9–22–95; 8:45 am] A notice of intent to delete for this BILLING CODE 6560±50±P * * * * * site was published August 30, 1994 (59 FR 44689). The closing date for Florida comments was thirty (30) days after the GENERAL SERVICES (a) Florida Department of Environmental notice was published. EPA did not ADMINISTRATION Protection: submitted on November 16, 1993, receive any comments on the proposed and supplemented on July 8, 1994, November deletion. 41 CFR Part 302±6 28, 1994, December 21, 1994, December 22, Based upon a review of monitoring [FTR Amendment 44] 1994, and January 11, 1995; interim approval data from the site, EPA in consultation effective on October 25, 1995; interim with the State of Iowa has determined RIN 3090±AF73 approval expires October 25, 1997. that the site does not pose a significant (b) [Reserved] risk to human health or the Federal Travel Regulation; Increase in * * * * * environment. The site shall be Maximum Reimbursement Limitations [FR Doc. 95–23709 Filed 9–22–95; 8:45 am] monitored in accordance with the for Real Estate Sale and Purchase Expenses BILLING CODE 6560±50±P Operation and Monitoring Plan approved by EPA. AGENCY: Federal Supply Service, GSA. EPA, in conjunction with the State of ACTION: Final rule. Iowa, will conduct future reviews of 49348 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations

SUMMARY: This final rule amends the PART 302±6ÐALLOWANCE FOR DEPARTMENT OF COMMERCE Federal Travel Regulation (FTR) to EXPENSES INCURRED IN increase the maximum dollar CONNECTION WITH RESIDENCE National Oceanic and Atmospheric limitations on reimbursement for TRANSACTIONS Administration allowable real estate sale and purchase 50 CFR Part 675 expenses incident to a change of official 1. The authority citation for part 302– station. Section 5724a(a)(4)(B)(iii) of 6 continues to read as follows: [Docket No. 950206040±5040±01; I.D. 091995A] title 5, United States Code, requires that Authority: 5 U.S.C. 5721–5734; 20 U.S.C. the dollar limitations be updated 905(a); E.O. 11609, 36 FR 13747, 3 CFR, Groundfish of the Bering Sea and effective October 1 of each year based 1971–1975 Comp., p. 586. on the percent change, if any, in the Aleutian Islands Area; Pollock in the Consumer Price Index for All Urban § 302±6.2 [Amended] Bering Sea Subarea by the Offshore Component Consumers, United States City Average, 2. Section 302–6.2 is amended by Housing Component, for December of removing the amount ‘‘$21,916’’ in AGENCY: National Marine Fisheries the preceding year over that published paragraph (g)(1) and adding in its place Service (NMFS), National Oceanic and for December of the second preceding the amount ‘‘$22,398’’; and by removing Atmospheric Administration (NOAA), year. This final rule will have a the amount ‘‘$10,957’’ in paragraph Commerce. favorable impact on Federal employees (g)(2) and adding in its place the amount ACTION: Closure. authorized to relocate in the interest of the Government since it increases ‘‘$11,198’’. SUMMARY: NMFS is closing the directed relocation allowance maximums. Dated: August 24, 1995. fishery for pollock by vessels catching Thurman M. Davis, Sr. pollock for processing by the offshore EFFECTIVE DATE: This final rule is component in the Bering Sea subarea effective October 1, 1995, and applies to Acting Administrator of General Services. (BS) of the Bering Sea and Aleutian employees whose effective date of [FR Doc. 95–23698 Filed 9–22–95; 8:45 am] Islands management area (BSAI). This transfer is on or after October 1, 1995. BILLING CODE 6820±24±F action is necessary to prevent exceeding For purposes of this regulation, the the second seasonal allowance of the effective date of transfer is the date on pollock total allowable catch (TAC) which the employee reports for duty at apportioned to vessels harvesting FEDERAL COMMUNICATIONS the new official station. pollock for processing by the offshore FOR FURTHER INFORMATION CONTACT: Jane COMMISSION component in this area. E. Groat, Transportation Management 47 CFR Part 73 EFFECTIVE DATE: 12 noon, Alaska local Division (FBX), Washington, DC 20406, time (A.l.t.), September 20, 1995, until telephone 703–305–5745. Radio Broadcasting Services; Ash 12 midnight, A.l.t., December 31, 1995. SUPPLEMENTARY INFORMATION: This final Grove, MO FOR FURTHER INFORMATION CONTACT: rule makes the annual adjustment to the Mary Furuness, 907–586-7228. maximum reimbursement limitations CFR Correction SUPPLEMENTARY INFORMATION: The for the sale and purchase of an In Title 47 of the Code of Federal groundfish fishery in the BSAI exclusive employee’s residence when the economic zone is managed by NMFS Regulations, part 73, revised as of employee transfers in the interest of the according to the Fishery Management October 1, 1994, on page 94, in § 73.202, Government. The total amount of Plan for the Groundfish Fishery of the expenses that may be reimbursed in in the table for FM allocations for the Bering Sea and Aleutian Islands Area connection with the sale of a residence state of Missouri, the entry for Ash (FMP) prepared by the North Pacific shall not exceed 10 percent of the actual Grove was inadvertently ommited. The Fishery Management Council under sale price or $22,398, whichever is the entry should read as follows: authority of the Magnuson Fishery lesser amount. The total amount of § 73.202 Conservation and Management Act. expenses that may be reimbursed in Fishing by U.S. vessels is governed by connection with the purchase of a * * * * * regulations implementing the FMP at 50 residence shall not exceed 5 percent of (b) Table of FM allotments. CFR parts 620 and 675. the purchase price or $11,198, * * * * * In accordance with § 675.20(a)(7)(ii), whichever is the lesser amount. The the second seasonal allowance of General Services Administration has MISSOURI pollock for vessels catching pollock for determined that this rule is not a processing by the offshore component in significant regulatory action for the Channel No. the BS was established by the Final purposes of Executive Order 12866 of 1995 Harvest Specifications of September 30, 1993. This final rule is * * * Groundfish (60 FR 8479, February 14, not required to be published in the Ash Grove ...... 281A 1995), and augmented from the non- FEDERAL REGISTER for notice or * * * specific operational reserve (60 FR comment. Therefore, the Regulatory 32278, June 21, 1995) as 440,782 metric Flexibility Act does not apply. BILLING CODE 1505±01±D tons (mt). The amount actually available is 379,844 mt, subsequent to harvests List of Subjects in 41 CFR Part 302–6 from the first seasonal allowance. The Director, Alaska Region, NMFS Government employees, Relocation (Regional Director), has determined in allowances and entitlements, Transfers accordance with § 675.20(a)(8), that the For the reasons set out in the second allowance of pollock TAC for preamble, 41 CFR part 302–6 is vessels catching pollock for processing amended as follows: by the offshore component in the BS Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations 49349 soon will be reached. Therefore, the Regional Director has established a directed fishing allowance of 357,844 mt with consideration that 22,000 mt will be taken as incidental catch in directed fishing for other species in the BS. Consequently, NMFS is prohibiting directed fishing for pollock by vessels catching pollock for processing by the offshore component in the BS. Maximum retainable bycatch amounts for applicable gear types may be found in the regulations at § 675.20(h). Classification This action is taken under § 675.20 and is exempt from review under E.O. 12866. Authority: 16 U.S.C. 1801 et seq. Dated: September 19, 1995. Richard W. Surdi, Acting Director, Office of Fisheries Conservation and Management, National Marine Fisheries Service. [FR Doc. 95–23684 Filed 9–20–95; 11:09 am] BILLING CODE 3510±22±F 49350

Proposed Rules Federal Register Vol. 60, No. 185

Monday, September 25, 1995

This section of the FEDERAL REGISTER 5:15 p.m. weekdays, or to the guard and nature of the investments that contains notices to the public of the proposed station in the Eccles Building courtyard required prior review because they issuance of rules and regulations. The on 20th Street NW., (between exceeded the general consent dollar purpose of these notices is to give interested Constitution Avenue and C Street) at limits. The Board has concluded that persons an opportunity to participate in the any time. Comments received will be the current general consent authority rule making prior to the adoption of the final rules. available for inspection in Room MP– may be safely expanded for U.S. 500 of the Martin Building between 9 banking organizations that are strongly a.m. and 5 p.m. weekdays, except as capitalized and well managed. This FEDERAL RESERVE SYSTEM provided in 12 CFR 261.8 of the Board’s expanded general consent authority is rules regarding the availability of intended to reduce the burden 12 CFR Part 211 information. associated with obtaining approval for FOR FURTHER INFORMATION CONTACT such investments for U.S. banking [Regulation K; Docket No. R±0896] : Kathleen M. O’Day, Associate General organizations meeting these International Operations of United Counsel (202/452–3786), Sandra L. requirements. States Banking Operations Richardson, Managing Senior Counsel The constraining limit in the general (202/452–6406), or Andres L. Navarrete, consent authority that triggers the AGENCY: Board of Governors of the Attorney (202/452–2300), Legal requirement of prior notice often has Federal Reserve System. Division; William A. Ryback, Associate been the $25 million cap. The Board ACTION: Proposed rule. Director (202/452–2722), Michael G. seeks comment on a rule that, in order Martinson, Assistant Director (202/452– to reduce burden on applicants, would SUMMARY: The Board is publishing for 2798), or Betsy Cross, Manager (202/ add additional general consent authority comment proposed amendments to 452–2574), Division of Banking for U.S. banking organizations that are Subpart A of Regulation K (International Supervision and Regulation, Board of strongly capitalized and well managed Operations of U.S. Banking Operations). Governors of the Federal Reserve by removing the absolute dollar limit The amendments provide additional System. For the users of and linking the general consent limits general consent authority for de novo Telecommunication Device for the Deaf solely to percentages of capital. investments in foreign companies by (TDD) only, please contact Dorothea Proposed Rule U.S. banking organizations that are Thompson (202/452–3544), Board of strongly capitalized and well managed. Governors of the Federal Reserve The proposed rule would streamline This expanded general consent System, 20th and C Streets NW., the Board’s notice requirement under authority is designed to permit U.S. Washington, DC 20551. Subpart A of Regulation K by increasing the limit on investments that may be banking organizations meeting these SUPPLEMENTARY INFORMATION: Subpart A made abroad without providing prior requirements to make certain of the Board’s Regulation K sets out the notice to the Board. This liberalization investments without the need for prior rules governing the foreign activities of would be available in relation to certain approval or review. In order to strike a U.S. banking organizations, including de novo investments and for additional reasonable balance, however, between procedures for making investments in investments in existing subsidiaries and reduced regulatory burden and foreign banking and non-banking joint ventures by investors that have continued Board oversight, the organizations. Under § 211.5(c), all such demonstrated strong capital and amendments would impose aggregate investments, whether made directly or management. This expanded general limits on the total amount of general indirectly, are required to be made in consent authority also is intended to consent investments that may be made accordance with the general consent, reduce the burden associated with in the course of a year. In addition, prior notice, or specific consent obtaining approval for such investments certain investments or activities would procedures contained in that paragraph. for U.S. banking organizations meeting not be eligible for the expanded 12 CFR 211.5(c). No prior notice or the strongly-capitalized and well- authority. The proposed rule would application is required for any managed standards. The Board seeks require an investor making use of the investment that falls within the general comment on each of the requirements or expanded authority to provide the consent authority. Such authority at limitations discussed below. Board with a post-investment notice. In present is limited to investments where addition, for those investments the total amount invested in any one Strongly-Capitalized and Well-Managed requiring prior notice to the Board, the organization, in one transaction or a Requirement proposed rule would streamline the series of transactions, does not exceed The expanded general consent processing of such notices. the lesser of $25 million or 5 percent of authority would be available for DATES: Comments must be submitted by the investor’s Tier 1 capital where the investments by member banks, bank October 30, 1995. investor is a member bank, bank holding holding companies, Edge corporations ADDRESSES: Comments should refer to company, or Edge corporation engaged that are not engaged in banking, and 1 Docket No. R–0896, and may be mailed in banking. agreement corporations. The expanded to William W. Wiles, Secretary, Board of The Board has reviewed the general authority would only be available where Governors of the Federal Reserve consent authority in light of the amount the investor, its parent member bank, if System, 20th and C Streets NW., any, and the bank holding company are 1 In the case of an Edge corporation not engaged Washington, DC 20551. Comments also in banking, the relevant general consent limit is the strongly capitalized and well managed, may be delivered to Room B–2222 of the lesser of $25 million or 25 percent of its Tier 1 as those terms are defined by the Board. Eccles Building between 8:45 a.m. and capital. ‘‘Strongly capitalized,’’ in relation to Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49351 member banks, is defined with reference regulatory interference, and requiring 211.5(c)(1)(ii–iv). Thus, once the to the definition of ‘‘well capitalized’’ prior review for investments involving a expanded general consent authority for set out in the prompt corrective action high percentage of capital. The latter initial investments has been exhausted standards, which requires, at a investments may cause supervisory in respect of one organization, minimum, a 6 percent Tier 1 and 10 concern because an initial capital additional investments may be made percent total risk-based capital ratio and investment can be leveraged many consistent with the provisions of a leverage ratio of 5 percent.2 12 CFR times. § 211.5(c)(1). 208.33(b)(1). For purposes of Regulation The proposed rule also sets an overall Eligible Investments K, Edge or agreement corporations and aggregate limit on all investments made bank holding companies would be during the previous 12-month period The proposed rule establishes the required to have a total risk-based under the existing and the expanded nature of investments eligible for the capital ratio of 10 percent or more in general consent authority. All such expanded general consent authority, as order to be considered strongly investments made by an Edge well as the types of activities that may capitalized for purposes of the corporation not engaged in banking or be conducted by the organization in expanded authority. A definition of an agreement corporation, when which the investment is to be made. ‘‘well managed’’ is also included in the aggregated with the proposed Subject to certain exceptions, the rule proposed rule, which provides that, in investment, would not be permitted to would permit investments in any order to be considered well managed, exceed the lesser of 50 percent of the activities either permissible for the Edge or agreement corporation, its Edge or agreement corporation’s total subsidiaries under Regulation K or parent member bank, if any, and the capital or 5 percent of the parent permissible for national banks to engage bank holding company must each have member bank’s total capital. An overall in directly. Ineligible investments are received a composite rating of at least 1 aggregate limit of 5 percent of their total limited to an investor’s initial entry into or 2, with no component below 3, at its capital would apply to investments by a foreign country, the establishment or most recent examination or review. member banks and bank holding acquisition of an initial subsidiary bank companies. These limits again were in a foreign country, investments in Expanded Authority for General selected in an effort to strike a general partnerships or unlimited Consent Investments reasonable balance between giving such liability companies, and an acquisition The new proposed limits for the entities credit for their strongly- of shares or assets of a corporation that expanded general consent authority capitalized and well-managed status, in is not an affiliate of the investor. would be tied to the capital of the the form of reduced regulatory burden, Retention of specific approval authority investor. With regard to limits on but maintaining the requirement for, at over establishment of new foreign bank investments in any one company by a minimum, prior notice to the Board offices and outward expansion of Edge corporations not engaged in once the overall level of foreign banking institutions is consistent with banking or agreement corporations that investments may give rise to the minimum standards for meet the requirements discussed above, supervisory concern. consolidated supervision of the Basle the Board proposes that the limits The proposal provides, however, that Committee on Banking Supervision. should be changed to the lesser of 20 in determining compliance with these Exclusion of the acquisitions is percent of the Edge or agreement aggregate limits, an investment in a intended to limit the expanded corporation’s Tier 1 capital or 2 percent subsidiary shall be counted only once authority to investments in de novo of the Tier 1 capital of the member notwithstanding that such subsidiary subsidiaries (including subsequent bank.3 So long as the 2 percent limit is may, within the next 12 months, investments in such subsidiaries) by not exceeded by its parent, Edge downstream all or part of such excluding the acquisition of going corporations not engaged in banking investment to another subsidiary. This concerns (unless already held by an will be permitted to invest up to 20 change is designed to avoid double affiliate). The risks associated with such percent of their capital. This higher counting and simply recognizes that acquisitions are considered to be greater limit is authorized because such Edge often, especially for tax purposes, than the amount of capital invested corporations do not take deposits in the investments are downstreamed from one (extending also, for example, to the United States or own U.S. depository subsidiary to another in a banking value of the company’s assets). institutions. Any financial effect on the group—an event that, so long as the The Board seeks comment on the parent bank would be constrained by investors are strongly capitalized and exclusion of these investments from the the 2 percent limit. well managed, generally would not raise expanded general consent authority. In A limit of 2 percent of the Tier 1 supervisory concerns. It would, particular, the Board seeks comment on capital of a member bank appears to however, significantly reduce the whether additional investments in strike a reasonable balance between two burden upon investors that meet the companies acquired as going concerns objectives: permitting an organization requirements for the expanded authority also should be eligible for the expanded considered to be strongly capitalized by removing the need for prior notices authority. and well managed to make investments to the Board for transactions that really Post-Investment Notice Requirement that management considers to be constitute the movement of funds appropriate with a minimum of within the banking group. The proposed rule would require an investor making use of the expanded 2 The member bank also may not be subject to any Additional Investments authority to provide the Board with a written agreement, order, capital directive, or The proposed rule also confirms that post-investment notice within 10 days prompt corrective action directive issued by the Board to meet and maintain a specific capital level strongly-capitalized and well-managed of making the investment. The notice for any capital measure. 12 CFR 208.33(b)(1). investors making investments under the would require provision of certain 3 The proposed 20 percent limit of the Edge’s expanded general consent authority may minimal information for purposes of Tier 1 capital derives from the constraint imposed also make additional investments in supervising the banking organizations by section 25A of the Federal Reserve Act, which prohibits any investment in excess of 10 percent of subsidiaries and joint ventures under making use of the expanded authority, the subscribing bank’s capital in Edge and the standards set out in the existing including a description of the agreement corporations. general consent authority. 12 CFR investment, the terms and sources of 49352 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules funding, the entities involved, and, entities consistent with the spirit and § 211.2 Definitions. where the investment is to redress a purpose of the Regulatory Flexibility * * * * * loss, a description of the reasons for the Act. (u) Strongly capitalized means: loss and the steps taken to address the Paperwork Reduction Act and (1) In relation to a parent member problem. The Board solicits comment Regulatory Burden bank, that the standards set out in 12 regarding this requirement generally, CFR 208.33(b)(1) are satisfied; and the information to be submitted in any Section 302 of the Riegle Community (2) In relation to an Edge or such notice, and ways in which such a Development and Regulatory Agreement corporation or a bank post-investment notice may be Improvement Act of 1994 (Pub. L. 103– holding company, that it has a total risk- coordinated with existing reporting 325, 108 Stat. 2160) also requires that based capital ratio of 10.0 percent or requirements. the federal banking agencies must greater. Simultaneous Review consider the administrative burdens and * * * * * benefits of any new regulation that The proposal would amend the (x) Well managed means that the Edge imposes additional requirements on or Agreement corporation, its parent Board’s current procedures for insured depository institutions. The processing prior notices and member bank, if any, and the bank Board does not consider that the holding company have each received a applications under Subpart A of proposed rule would impose additional Regulation K. Specifically, under composite rating of at least 1 or 2, with requirements on insured depository no component below 3, at its most § 211.5(c)(2), the Board has 45 days to institutions, nor would it increase the object to any investment that is the recent examination or review. regulatory paperwork burden of banking 3. Section 211.5 is amended by: subject of a prior notice and the 45-day organizations pursuant to the provisions period commences on the day that the a. Redesignating paragraphs (c) (2) of the Paperwork Reduction Act (44 and (3) as paragraphs (c) (3) and (4) prior notice is accepted by the relevant U.S.C. 3501 et seq.). To the contrary, the Reserve Bank. The proposed rule would respectively; proposed rule would reduce regulatory b. By adding a new paragraph (c)(2); amend the regulation to provide that the burden for U.S. banking organizations 45-day period starts on the date of the and that are strongly capitalized and well c. In newly designated Reserve Bank’s receipt of the prior managed. The current annual burden for notice. This change is expected to paragraph(c)(3), by removing the word these application and notification ‘‘accepted’’ in the third sentence and accelerate the processing of such requirements is estimated to be 440 notices, reduce the number of adding in its place the word ‘‘received’’. hours. The proposed amendments could The addition reads as follows: information requests that applicants reduce the burden estimate by as much must answer, and more generally reduce as half. § 211.5 Investments and activities abroad. the regulatory burden associated with Although the proposal would require * * * * * sequential review. Under the proposed U.S. banking organizations making (c) * * * rule, however, the Board would investments pursuant to the expanded * * * * * continue to have the ability to modify or general consent authority to file an suspend the general consent and prior (2)(i) Additional general consent for abbreviated post-investment notice with de novo investments. Notwithstanding notice procedures. The Board also the Board, this notice would take the proposes to extend this treatment to the the amount limitations of paragraph place of the requirements relating to (c)(1) of this section, but subject to the processing of applications under prior notice or application to the Board Regulation K. other limitations of this section, the for prior approval that would be Board grants additional general consent Request for Comment required under existing Regulation K authority for investments in an The Board requests comments on all procedures before any such investment organization by an investor that is aspects of the rule discussed above. In could be made. strongly capitalized and well managed addition, comments are requested List of Subjects in 12 CFR Part 211 if: regarding other ways in which the (A) The activities of the organization Exports, Federal Reserve System, provisions of Subpart A of Regulation K are limited to activities in which a Foreign banking, Holding companies, might be streamlined or rendered less national bank may engage directly or in Investments, Reporting and burdensome, either in terms of U.S. which a subsidiary may engage under recordkeeping requirements. banking organizations that meet § 211.5(d); strongly-capitalized and well-managed For the reasons set out in the (B) In the case of an investor that is standards, or more generally. preamble, the Board of Governors an Edge corporation that is not engaged proposes to amend 12 CFR Part 211 as in banking or agreement corporation, Initial Regulatory Flexibility Analysis set forth below: the total amount invested in such The Regulatory Flexibility Act (5 organization (in one transaction or a U.S.C. 601 et seq.) requires an initial PART 211ÐINTERNATIONAL series of transactions) does not exceed regulatory flexibility analysis with any BANKING OPERATIONS the lesser of the investor’s 20 percent of notice of proposed rulemaking. A (REGULATION K) the Tier 1 capital or 2 percent of the Tier description of the reasons why the 1. The authority citation for part 211 1 capital of the parent member bank; action by the agency is being considered is revised to read as follows: (C) In the case of a bank holding and a statement of the objectives of, and company or member bank investor, the the legal basis for, the proposed rule are Authority: 12 U.S.C. 221 et seq., 1818, total amount invested in such contained in the supplementary 1841 et seq., 3101 et seq., 3901 et seq. organization (in one transaction or a information above. The overall effect of 2. Section 211.2 is amended by series of transactions) directly or the proposed rule would be to reduce redesignating paragraphs (u) and (v) as indirectly does not exceed 2 percent of regulatory burden. The rule should not paragraphs (v) through (w), respectively, the investor’s Tier 1 capital; have a significant economic impact on and by adding new paragraphs (u) and (D) All investments made by an Edge a substantial number of small business (x) to read as follows: corporation not engaged in banking or Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49353 an agreement corporation during the respective responsibilities of the parties llllll, 800 Independence previous 12-month period under to the joint venture; Avenue, SW., Washington, DC 20591. paragraph (c)(1) and (c)(2) of this (C) A description of the terms and The petition, any comments received, section, when aggregated with the sources of funds for the transaction and and a copy of any final disposition are proposed investment, would not exceed projections for the organization in filed in the assigned regulatory docket the lesser of 50 percent of the total which the investment is made for the and are available for examination in the capital of the Edge or agreement first year following the investment; and Rules Docket (AGC–200), Room 915G, corporation, or 5 percent of the total (D) In the case of additional FAA Headquarters Building (FOB 10A), capital of the parent member bank; investments, an explanation of the 800 Independence Ave., SW., (E) All investments made by a reasons for the investment and, where Washington, DC 20591; telephone (202) member bank or a bank holding the investment is made in an 267–3132. Comments may also be sent company during the previous 12-month organization that incurred a loss in the electronically to the following internet period under paragraph (c)(1) and (c)(2) last year, a description of the reasons for address: [email protected]. of this section without providing prior the loss and the steps taken to address FOR FURTHER INFORMATION CONTACT: Mr. notice to or obtaining the consent of the the problem. D. Michael Smith, Office of Rulemaking Board, when aggregated with the * * * * * (ARM–1), Federal Aviation proposed investment, would not exceed By order of the Board of Governors of the Administration, 800 Independence 5 percent of its total capital; and Federal Reserve System, September 20, 1995. Avenue, SW., Washington, DC 20591; (F) Both before and immediately after William W. Wiles, telephone (202) 267–7470. the proposed investment the investor, Secretary of the Board. This notice is published pursuant to its parent member bank, if any, and the [FR Doc. 95–23670 Filed 9–22–95; 8:45 a.m.] paragraphs (b) and (f) of § 11.27 of part bank holding company are strongly BILLING CODE 6210±01±P 11 of the Federal Aviation Regulations capitalized and well managed. (14 CFR part 11). (ii) Determining aggregate investment limits. For purposes of determining Issued in Washington, DC on September 20, 1995. compliance with the aggregate DEPARTMENT OF TRANSPORTATION Michael Chase, investment limits set out in paragraph Federal Aviation Administration (c)(2)(i) (D) and (E) of this section, an Acting Assistant Chief Counsel for Regulations. investment by an investor in a 14 CFR Chapter I subsidiary shall be counted only once Petitions for Rulemaking notwithstanding that such subsidiary [Summary Notice No. PR±95±4] Docket No.: 25985 may, within 12 months of the date of Petition for Rulemaking; Summary of Petitioner: Mr. Stuart R. Miller making the investment, downstream all Petitions Received; Dispositions of Regulations Affected: 14 CFR 91.107, or any part of such investment to Petitions Issued 121.311, and 135.128 another subsidiary. Description of Rulechange Sought: To (iii) Additional investments. An AGENCY: Federal Aviation require all children who have not investor that makes investments under Administration (FAA), DOT. reached their third birthday to be paragraph (c)(2)(i) of this section may ACTION: Notice of petitions for seated in their own seat within an also make additional investments in an rulemaking received and of dispositions FAA-approved safety device/safety organization under the standards set of prior petitions. restraint system for take off and forth in paragraphs (c)(1)(ii), (c)(1)(iii) landing and at the command of the and (c)(1)(iv) of this section. SUMMARY: Pursuant to FAA’s rulemaking pilot. In addition, the petitioner (iv) Ineligible investments. The provisions governing the application, requests that the device shall be following investments are not eligible processing, and disposition of petitions located/installed for use so as not to for the general consent under paragraph for rulemaking (14 CFR part 11), this block or interfere with the egress of (c)(2)(i) of this section: notice contains a summary of certain other passengers. (A) The initial entry into a foreign petitions requesting the initiation of country; Petitioner’s Reason for the Request: The rulemaking procedures for the petitioner feels that mandatory change (B) The establishment or acquisition amendment of specified provisions of of an initial subsidiary bank in a foreign would increase the accountability the Federal Aviation Regulations and of factor from corporate executives and country; denials or withdrawals of certain (C) Investments in general from public officials, as well as focus petitions previously received. The on the safety for children passengers. partnerships or unlimited liability purpose of this notice is to improve the Docket No.: 28131 companies; and public’s awareness of, and participation Petitioner: Aviation Consumer Action (D) An acquisition of shares or assets in, this aspect of FAA’s regulatory Project and Private Citizen of an organization that is not an affiliate activities. Neither publication of this Sections of the FAR Affected: 14 CFR of the investor. notice nor the inclusion or omission of (v) Post-investment notice. Within 10 121.219 and 135.169 information in the summary is intended business days of making the investment, Description of Rulechange Sought: To to affect the legal status of any petition the investor shall provide the Board revise the current aircraft cabin or its final disposition. with a notice setting out all material ventilation requirements to require information relating to the investment, DATES: Comments on petitions received that each passenger or crew including: must identify the petition docket compartment be [suitably] ventilated (A) A description of the investment number involved and must be received by providing fresh, unrecirculated air and the activities to be conducted; November 24, 1995. at a rate no less than 20 cubic feet per (B) The identity of all entities ADDRESSES: Send comments on any minute per occupant. involved in the investment, including petition in triplicate to: Federal Petitioner’s Reason for the Request: The any downstream investment, and, if the Aviation Administration, Office of the petitioner feels the cabin ventilation investment is in a joint venture, the Chief Counsel, Attn: Rules Docket No. rates be revised because of the 49354 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules

increasing number of passenger state, and federal authority for weekdays, except Federal holidays, complaints about a perceived emergency services, rescue between 8:30 a.m. and 5 p.m. reduction in air quality and recent operations, or police or fire An informal docket may also be surveys of cabin air quality, which departments. examined during normal business hours indicate the presence of noteworthy Petitioner’s Reason for the Request: The at the office of the Regional Air Traffic concentrations of pollutants in the petitioner feels that voluntary Division. aircraft cabin. practices of helicopter pilots to adhere FOR FURTHER INFORMATION CONTACT: Docket No.: 28202 to the avoidance of noise-sensitive Patricia P. Crawford, Airspace and Petitioner: Bonanza/Baron Pilot areas have failed to produce Obstruction Evaluation Branch (ATP– Proficiency Programs, Inc. satisfactory results. 240), Airspace-Rules and Aeronautical Sections of the FAR Affected: 14 CFR Denial; June 8, 1995 Information Division, Air Traffic Rules 61.195 and 91.109 [FR Doc. 95–23726 Filed 9–22–95; 8:45 am] and Procedures Service, Federal Description of Rulechange Sought: To BILLING CODE 4910±13±M Aviation Administration, 800 clarify the aircraft equipment required Independence Avenue, SW., for aircraft used in flight instruction Washington, DC 20591; telephone: (202) and expand the use of throwover 14 CFR Part 71 267–9255. control wheels in multi-engine SUPPLEMENTARY INFORMATION: aircraft when those aircraft are used [Airspace Docket No. 94±ASO±20] Comments Invited for flight instruction. Proposed Alteration and Petitioner’s Reason for the Request: The Establishment of VOR Federal Interested parties are invited to petitioner feels that current Airways; FL participate in this proposed rulemaking regulations unnecessarily encumber by submitting such written data, views, the use of aircraft for pilot training. AGENCY: Federal Aviation or arguments as they may desire. Administration (FAA), DOT. Disposition of Petitions Comments that provide the factual basis ACTION: Supplemental notice of supporting the views and suggestions Docket No.: 25412 proposed rulemaking (SNPRM). presented are particularly helpful in Petitioner: General Aviation developing reasoned regulatory SUMMARY: Manufacturers Assn. On May 3, 1995 (60 FR decisions on the proposal. Comments Sections of the FAR Affected: 14 CFR 21776), the FAA proposed to establish are specifically invited on the overall 25.853(c) and 135.170(b)(2) a new Federal Airway V–601 and to regulatory, aeronautical, economic, and Description of Rulechange Sought: To modify Federal Airways V–7, V–35, and energy-related aspects of the proposal. exclude small (under 75,000 lbs. V–157 in the Miami, FL, area. This Communications should identify the MGTOW, less than 20 passenger rulemaking action is necessary because airspace docket number and be seats) transport category airplanes of the decommissioning of the Miami, submitted in triplicate to the address from the fire blocking seat cushion FL, Very High Frequency listed above. Commenters wishing the requirements. Omnidirectional Range and Tactical Air FAA to acknowledge receipt of their Petitioner’s Reason for the Request: The Navigation (VORTAC) and the comments on this notice must submit petitioner feels that the safety benefits commissioning of the Dolphin, FL, with those comments a self-addressed, of fire blocking anticipated by VORTAC. The Notice of Proposed stamped postcard on which the § 25.853(c) will not be realized or Rulemaking (NPRM), as published, following statement is made: needed in this class of small, part 25 contained several inadvertent errors in ‘‘Comments to Airspace Docket No. 94– transport category airplanes. defining intersections in the ASO–20.’’ The postcard will be date/ Denial; August 8, 1995 descriptions of the Federal airways. time stamped and returned to the Docket No.: 26647 This Supplemental Notice of Proposed commenter. All communications Petitioner: Benz Airborne Systems Rulemaking (SNPRM) corrects those received on or before the specified Sections of the FAR Affected: 14 CFR errors and proposes to modify the closing date for comments will be 27.1305(t) and 27.1337 (e)(3) and description of V–601, as proposed in the considered before taking action on the (e)(4) NPRM, to provide a preferred route for proposed rule. The proposal contained Description of Rulechange Sought: To pilots transitioning over water. Finally, in this notice may be changed in light require a cockpit chip detector this SNPRM removes nonessential of comments received. All comments warning/caution device and circuit language concerning a Military submitted will be available for checking feature (proposed feature) on Operations Area (MOA) and two examination in the Rules Docket both part 27 rotorcraft. restricted areas from the descriptions of before and after the closing date for Petitioner’s Reason for the Request: The the Federal airways and adds an comments. A report summarizing each petitioner feels that there are exclusion for a restricted area to an substantive public contact with FAA currently no requirements that part 27 airspace description. personnel concerned with this rotorcraft have the proposed features DATES: Comments must be received on rulemaking will be filed in the docket. stated in § 27.1337(e). or before October 3, 1995. Denial; August 2, 1995 ADDRESSES: Send comments on the Availability of SNPRM’s Docket No.: 27371 proposal in triplicate to: Manager, Air Any person may obtain a copy of this Petitioner: Homeowners of Encino Traffic Division, ASO–500, Docket No. SNPRM by submitting a request to the Sections of the FAR Affected: 14 CFR 94–ASO–20, Federal Aviation Federal Aviation Administration, Office 91.119(d) Administration, PO Box 20636, Atlanta, of Public Affairs, Attention: Public Description of Rulechange Sought: To GA 30320. Inquiry Center, APA–220, 800 limit helicopter operations below the The official docket may be examined Independence Avenue, SW., minimum altitudes prescribed in in the Rules Docket, Office of the Chief Washington, DC 20591, or by calling § 91.119 (b) and (c) to helicopters Counsel, Room 916, 800 Independence (202) 267–3485. Communications must operated by any municipal, county, Avenue, SW., Washington, DC, identify the notice number of this Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49355

SNPRM. Persons interested in being incorporated by reference in 14 CFR In accordance with Article 3 of the placed on a mailing list for future 71.1. The Domestic VOR Federal Convention on International Civil NPRM’s should also request a copy of airways listed in this document would Aviation, Chicago, 1944, state aircraft Advisory Circular No. 11–2A, which be published subsequently in the Order. are exempt from the provisions of describes the application procedure. The FAA has determined that this Annex 11 and its Standards and The Proposal proposed regulation only involves an Recommended Practices. As a established body of technical contracting state, the United States The FAA is considering an regulations for which frequent and agreed by Article 3(d) that its state amendment to part 71 of the Federal routine amendments are necessary to aircraft will be operated in international Aviation Regulations (14 CFR part 71) to keep them operationally current. It, airspace with due regard for the safety establish a new Federal Airway V–601, therefore—(1) is not a ‘‘significant of civil aircraft. and to modify V–7, V–35, V–157 in the regulatory action’’ under Executive Since this action involves, in part, the Miami, FL, area. The FAA published the Order 12866; (2) is not a ‘‘significant designation of navigable airspace NPRM on May 3, 1995 (60 FR 21776). rule’’ under DOT Regulatory Policies outside the United States, the Comments received in response to the and Procedures (44 FR 11034; February Administrator is consulting with the NPRM and this SNPRM would be 26, 1979); and (3) does not warrant Secretary of State and the Secretary of addressed in the final disposition of the preparation of a regulatory evaluation as Defense in accordance with the rule. Changes and explanations to the the anticipated impact is so minimal. provisions of Executive Order 10854. airspace designations are as follows: (1) Since this is a routine matter that will List of Subjects in 14 CFR Part 71 V–7: The airspace designation would be only affect air traffic procedures and air corrected to accurately define an navigation, it is certified that this rule, Airspace, Incorporation by reference, intersection. The ‘‘Dolphin when promulgated, will not have a Navigation (air). 293°T(297°M)’’ is corrected to the significant economic impact on a ‘‘Dolphin 299°T(303°M).’’ (2) V–35: An The Proposed Amendment substantial number of small entities inadvertent error occurred in defining under the criteria of the Regulatory In consideration of the foregoing, the two intersections. The intersection of Flexibility Act. Federal Aviation Administration ‘‘Dolphin 267°T(271°M) and Cypress, proposes to amend 14 CFR part 71 as FL, 110°T(110°M) radials’’ would be ICAO Considerations follows: corrected to ‘‘Dolphin 266°T(270°M); As part of this proposal relates to INT Cypress 110°T(110°M) and Lee PART 71Ð[AMENDED] navigable airspace outside the United County, FL, 139°T(141°) radials’’ would States, this notice is submitted in 1. The authority citation for 14 CFR be corrected to ‘‘INT Cypress accordance with the International Civil part 71 continues to read as follows: 110°T(110°M) and Lee County, FL, 138°T(140°M) radials.’’ The language Aviation Organization (ICAO) Authority: 49 U.S.C. 106(g), 40103, 40113, excluding Restricted Area R–2916 from International Standards and 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– the airspace designation is obsolete and Recommended Practices. 1963 Comp.; p. 389; 14 CFR 11.69. Applicability of International would be deleted. (3) V–157: The § 71.1 [Amended] language excluding Restricted Area R– Standards and Recommended Practices by the Air Traffic Rules and Procedures 2. The incorporation by reference in 2901A is no longer applicable and 14 CFR 71.1 of the Federal Aviation would be deleted. The exclusionary Service, FAA, in areas outside domestic Administration Order 7400.9C, Airspace language, ‘‘The airspace within R–4005 airspace of the United States is governed Designations and Reporting Points, and R–4006 is excluded’’ inadvertenly by Article 12 of, and Annex 11 to, the dated August 17, 1995, and effective left out R–4007A and would be Convention on International Civil September 16, 1995, is amended as corrected to include R–4007A. The Aviation, which pertains to the follows: language concerning the Lake Placid establishment of air navigational MOA would be deleted because it is not facilities and services necessary to Paragraph 6010(a) Domestic VOR Federal necessary and would not affect promote the safe, orderly, and Airways operations along V–157. (4) V–601: The expeditious flow of civil air traffic. * * * * * airspace designation would be modified Their purpose is to ensure that civil V–7 (Revised) to provide the airspace users with a aircraft operations on international air routes is carried out under uniform From Dolphin, FL; INT Dolphin preferred routing for transitioning over ° ° ° water to the Key West, FL, area. In conditions designed to improve the 299 T(303 M) and Lee County, FL, 120 safety and efficiency of air operations. radials; Lee County; Lakeland, FL; Cross City, addition, an inadvertent error in the FL; Tallahassee, FL; Wiregrass, AL; INT radials defining the intersection would The International Standards and Wiregrass 333° and Montgomery, AL, 129° be corrected. V–601 would be changed Recommended Practices in Annex 11 radials; Montgomery; Vulcan, AL; Muscle from ‘‘From Pahokee, FL; INT Pahokee apply in those parts of the airspace Shoals, AL; Graham, TN; Central City, KY; 212°T(212°M) and Marathon, FL; under the jurisdiction of a contracting Pocket City, IN; INT Pocket City 016° and 354°T(357°M) radials; Marathon’’ to state, derived from ICAO, wherein air Terre Haute, IN, 191° radials; Terre Haute; ‘‘From Pahokee, FL; INT Pahokee traffic services are provided and also Boiler, IN; Chicago Heights, IL; INT Chicago 211°T(211°M) and Key West, FL, whenever a contracting state accepts the Heights 358° and Falls, WI, 170° radials; 020°T(019°M) radials; Key West.’’ This responsibility of providing air traffic Falls; Green Bay, WI; Menominee, MI; proposed modification would provide a services over high seas or in airspace of Marquette, MI. The airspace below 2,000 feet MSL outside the United States is excluded. more desirable transition route in undetermined sovereignty. A The portion outside the United States has no support of aircraft not equipped for long contracting state accepting such upper limit. distances over water. Domestic VOR responsibility may apply the * * * * * Federal airways are published in International Standards and paragraph 6010(a) of FAA Order Recommended Practices in a manner V–35 (Revised) 7400.9C dated August 17, 1995, consistent with that adopted for From Dolphin, FL; INT Dolphin effective September 16, 1995, which is airspace under its domestic jurisdiction. 266°T(270°M) and Cypress, FL, 49356 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules

110°T(110°M) radials; INT Cypress 110° and SUMMARY: This document contains performance of an act occurs after Lee County, FL, 138°T(140°M) radials; Lee proposed regulations relating to the time August 16, 1954, would be removed County; INT Lee County 326° and St. ° for performance of acts by taxpayers and because this information is obsolete. Petersburg, FL, 152 radials; St. Petersburg; by the Commissioner, a district director, INT St. Petersburg 350° and Cross City, FL, Special Analyses 168° radials; Cross City, FL; Greenville, FL; or the director of a regional service Pecan, GA; Macon, GA; INT Macon 005° and center, where the last day for It has been determined that this notice Athens, GA, 195° radials; Athens; Electric performance falls on a Saturday, of proposed rulemaking is not a City, SC; Sugarloaf Mountain, NC; Holston Sunday, or legal holiday. In particular, significant regulatory action as defined Mountain, TN; Glade Spring, VA; Charleston, the proposed regulations would remove in EO 12866. Therefore, a regulatory WV; INT Charleston 051° and Elkins, WV, the list of legal holidays and other ° assessment is not required. It also has 264 radials; Clarksburg, WV; Morgantown, outdated material. been determined that section 553(b) of WV; Indian Head, PA; Johnstown, PA; Tyrone, PA; Philipsburg, PA; Stonyfork, PA; DATES: Written comments and requests the Administrative Procedure Act (5 Elmira, NY; Syracuse, NY. The airspace for a public hearing must be received by U.S.C. chapter 5) and the Regulatory below 2,000 feet MSL outside the United December 26, 1995. Flexibility Act (5 U.S.C. chapter 6) do States is excluded. The portion outside the ADDRESSES: Send submissions to: not apply to these regulations, and, United States has no upper limit. CC:DOM:CORP:T:R (IA–36–91), room therefore, a Regulatory Flexibility * * * * * 5228, Internal Revenue Service, POB Analysis is not required. Pursuant to section 7805(f) of the Internal Revenue V–157 (Revised) 7604, Ben Franklin Station, Washington, DC 20044. In the alternative, Code, this notice of proposed From Key West, FL; INT Key West ° ° submissions may be hand delivered rulemaking will be submitted to the 038 T(037 M) and Dolphin, FL, Chief Counsel for Advocacy of the Small 244°T(248°M) radials; Dolphin; INT Dolphin between the hours of 8 a.m. and 5 p.m. 331°T(335°M) and La Belle, FL, 113°T to: CC:DOM:CORP:T:R (IA–36–91), Business Administration for comments radials; La Belle; Lakeland, FL; Ocala, FL; Courier’s Desk, Internal Revenue on its impact on small business. Gainesville, FL; Taylor, FL; Waycross, GA; Service, 1111 Constitution Avenue NW, Comments and Requests for a Public Alma, GA; Allendale, SC; Vance, SC; Washington, DC. Hearing Florence, SC; Fayetteville, NC; Kinston, NC; FOR FURTHER INFORMATION CONTACT: Tar River, NC; Lawrenceville, VA; Richmond, Judith A. Lintz (202) 622–6232 (not a Before these proposed regulations are VA; INT Richmond 039° and Patuxent, MD, ° toll-free number). adopted as final regulations, 228 radials; Patuxent; Smyrna, DE; consideration will be given to any Woodstown, NJ; Robbinsville, NJ; INT SUPPLEMENTARY INFORMATION: Robbinsville 044° and LaGuardia, NY, 213° written comments (a signed original and radials; LaGuardia; INT LaGuardia 032° and Background eight (8) copies) that are submitted Deer Park, NY, 326° radials; INT Deer Park timely to the IRS. All comments will be ° ° This document contains proposed 326 and Kingston, NY, 191 radials; amendments to the Procedure and available for public inspection and Kingston, NY; to Albany, NY. The airspace Administration Regulations (26 CFR copying. A public hearing may be within R–6602A is excluded. The airspace scheduled if requested in writing by any within R–4005, R–4006, and R–4007A are part 301) that would revise the paragraphs in the regulations that person who timely submits written excluded. comments. If a public hearing is * * * * * specify the legal holidays and provide other related information. scheduled, notice of the date, time, and V–601 (New) place for the hearing will be published Explanation of Provisions From Pahokee, FL; INT Pahokee in the Federal Register. 211°T(211°M) and Key West, FL, This document proposes to amend Drafting Information 020°T(019°M) radials; Key West. § 301.7503–1, which explains and * * * * * supplements section 7503 of the The principal author of these Issued in Washington, DC, on September Internal Revenue Code pertaining to the regulations is Judith A. Lintz, Office of 18, 1995. performance of any act prescribed under Assistant Chief Counsel (Income Tax & Nancy Kalinowski, authority of the internal revenue laws Accounting), Internal Revenue Service. Acting Manager, Airspace-Rules and when the last day for performance of the However, other personnel from the IRS Aeronautical Information Division. act falls on Saturday, Sunday, or a legal and Treasury Department participated [FR Doc. 95–23647 Filed 9–22–95; 8:45 am] holiday. First, § 301.7503–1(a) would be in their development. BILLING CODE 4910±13±P amended to reflect a change to the name List of Subjects in 26 CFR Part 301 of the Court of Claims, which, as of October 29, 1992, became the Court of Employment taxes, Estate taxes, DEPARTMENT OF THE TREASURY Federal Claims. Excise taxes, Gift taxes, Income taxes, Second, § 301.7503–1(b), which Penalties, Reporting and recordkeeping Internal Revenue Service provides a list of the legal holidays and requirements. other related information, would be Proposed Amendments to the 26 CFR Part 301 revised. The current list of holidays is Regulations outdated. However, in light of the aim [IA±36±91] toward tax simplification, the list of Accordingly, 26 CFR part 301 is RIN 1545±AT22 holidays in paragraph (b) would be proposed to be amended as follows: replaced by citations to the law from Time for Performance of Acts Where which the holidays must be discerned. PART 301ÐPROCEDURE AND Last Day Falls on Saturday, Sunday, or In this way, future changes in the law ADMINISTRATION Legal Holiday with respect to the holidays will not require amendments to the regulations. Paragraph 1. The authority citation AGENCY: Internal Revenue Service (IRS), for part 301 continues to read in part as Treasury. Third, § 301.7503–1(c), which provides that section 7503 is applicable follows: ACTION: Notice of proposed rulemaking. in any case where the last day for Authority: 26 U.S.C. 7805 * * * Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49357

Par. 2. Section 301.7503–1 is rulemaking published in the Federal 5. Regarding Periodicals class rates, amended as follows: Register on Wednesday, August 30, chart III–1, ‘‘Periodicals (Regular and 1. In the fourth sentence of paragraph 1995 (60 FR 45298–45323), concerning Publications Service subclasses)— (a), the language ‘‘Thursday, November implementation standards for Letters’’ (60 FR 45323), the entry for the 22, 1956 (Thanksgiving Day), the suit classification reform. 5-digit presort level in the ‘‘Publications will be timely if filed on Friday, DATES: Comments on the second notice Service rate’’ column should read November 23, 1956, in the Court of must be received on or before ‘‘Publications Service.’’ Carrier route Claims’’ is removed and the language September 29, 1995. rates apply only to the carrier route and ‘‘Thursday, November 23, 1995 ADDRESSES: Mail or deliver written 5-digit carrier routes presort levels. (Thanksgiving Day), the suit will be comments to the Manager, Mailing Stanley F. Mires, timely if filed on Friday, November 24, Standards, USPS Headquarters, 475 Chief Counsel, Legislative. 1995, in the Court of Federal Claims’’ is L’Enfant Plaza SW, Washington, DC [FR Doc. 95–23498 Filed 9–22–95; 8:45 am] added in its place. 20260–2419. Copies of all written BILLING CODE 7710±12±P 2. Paragraph (b) is revised as set forth comments will be available for below. 3. Paragraph (c) is removed. inspection and photocopying between The revision reads as follows: 9 a.m. and 4 p.m., Monday through ENVIRONMENTAL PROTECTION Friday, in Room 6800 at the above AGENCY § 301.7503±1 Time for performance of acts address. where last day falls on Saturday, Sunday, or FOR FURTHER INFORMATION CONTACT: Leo 40 CFR Part 52 legal holiday. F. Raymond, (202) 268–5199. [MO±21±1±6443(b); FRL±5289±7] * * * * * SUPPLEMENTARY INFORMATION: After (b) Legal holidays. For the purpose of publication, the following elements of Approval and Promulgation of section 7503, the term legal holiday the material in the second notice Implementation Plans; State of includes the legal holidays in the described above were found in need of Missouri District of Columbia as found in D.C. amendment: Code Ann. 28–2701. In the case of any AGENCY: Environmental Protection 1. Regarding First-Class Mail, Retail Agency (EPA). return, statement, or other document subclass, Presort rate category, ACTION: Proposed rule. required to be filed, or any other act upgradable letters (60 FR 45309, section required under the authority of the I.B.3), and Standard Mail, Regular SUMMARY: Missouri submitted its Rule internal revenue laws to be performed, subclass, upgradable letters (60 FR at an office of the Internal Revenue 10 CSR 10–6.065, entitled ‘‘Operating 45312, section II.B.1), the reference to Permits,’’ for Federal approval. The rule Service, or any other office or agency of preparation of packages is incorrect. the United States, located outside the would establish a mechanism for Under the option for upgradable mail, creating federally enforceable District of Columbia but within an packaging of mailpieces is not required. internal revenue district, the term legal limitations that would reduce sources’ The second sentence therefore should potential-to-emit such that sources holiday includes, in addition to the legal be amended in two places to replace could avoid major source permitting holidays in the District of Columbia, any ‘‘packages’’ with ‘‘trays.’’ requirements. This rulemaking proposes statewide legal holiday of the state 2. Regarding First-Class Mail, to approve this rule as satisfying the where the act is required to be Automation subclass, Carrier Route rate requirements, set forth in the Federal performed. If the act is performed in category (letters) (60 FR 45311, section Register of June 28, 1989, and accordance with law at an office of the I.C.5), and Standard Mail, Automation authorizes Missouri to issue federally Internal Revenue Service or any other subclass, Carrier Route rate category enforceable state operating permits office or agency of the United States (letters) (60 FR 45314, section II.C.5), addressing both criteria pollutants located in a territory or possession of the reference to line-of-travel sequence (regulated under section 110 of the the United States, the term legal holiday is incorrect. This requirement had been Clean Air Act) and hazardous air includes, in addition to the legal considered by the Postal Service at one pollutants (regulated under section 112). holidays in the District of Columbia, any time but had not been proposed for In the final rules section of the Federal legal holiday that is recognized retention in this notice. Accordingly, Register, the EPA is approving the throughout the territory or possession in the respective paragraphs describing state’s State Implementation Plan which the office is located. line-of-travel sequencing should be revision as a direct final rule without Margaret Milner Richardson, deleted. prior proposal, because the Agency Commissioner of Internal Revenue. 3. Regarding the ‘‘Proposed 3-Digit views this as a noncontroversial [FR Doc. 95–23368 Filed 9–22–95; 8:45 am] ‘Scheme Sort’ Combinations’’ listing (60 revision amendment and anticipates no BILLING CODE 4830±01±U FR 45317–45319), the second entry in adverse comments. A detailed rationale the Midwest Area for Springfield, MO, for the approval is set forth in the direct should read ‘‘Springfield, MO (B)’’ (60 final rule. If no adverse comments are POSTAL SERVICE FR 45318), and should not duplicate the received in response to this proposed preceding entry. rule, no further activity is contemplated 39 CFR Part 111 4. Regarding Periodicals class, Regular in relation to this rule. If the EPA subclass, the numbering and lettering receives adverse comments, the direct Classification Reform; Implementation sequence at 60 FR 45320 is incorrect. final rule will be withdrawn and all Standards ‘‘Basic Rate Category (421.31)’’ should public comments received will be AGENCY: Postal Service. be designated ‘‘a.’’ and ‘‘Three- and addressed in a subsequent final rule ACTION: Corrections to second advance Five-Digit Rate Category’’ and ‘‘Carrier based on this proposed rule. The EPA notice of proposed rulemaking. Route Rate Category’’ should be will not institute a second comment designated respectively as ‘‘b.’’ and ‘‘c.’’ period on this document. Any parties SUMMARY: This document corrects an ‘‘Regular Subclass Discounts (421.4)’’ interested in commenting on this advanced notice of proposed should be numbered as ‘‘4.’’ document should do so at this time. 49358 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules

DATES: Comments on this proposed rule SUPPLEMENTARY INFORMATION: 225.7303±2 Cost of doing business with a foreign government or an international must be received in writing by October A. Background 25, 1995. organization. This proposed rule amends language (a) * * * ADDRESSES: Comments may be mailed to in the Defense Federal Acquisition (3) Offset implementation costs. Joshua A. Tapp, Environmental Regulation Supplement (DFARS) (i) A U.S. defense contractor may Protection Agency, Air Branch, 726 225.7303–2(a)(3) to change ‘‘offset recover costs incurred to implement its Minnesota Avenue, Kansas City, Kansas administrative costs’’ to ‘‘offset offset agreement with a foreign 66101. implementation costs,’’ and also government or international FOR FURTHER INFORMATION CONTACT: changes ‘‘administer specific organization if the foreign military sale Joshua A. Tapp at (913) 551–7606. requirements of’’ to ‘‘implement’’ in Letter of Offer and Acceptance is 225.7303–2(a)(3)(i). The examples at financed wholly with customer cash or SUPPLEMENTARY INFORMATION: See the 225.7303–2(a)(3)(iii) are deleted. These repayable foreign military finance information provided in the direct final changes are proposed in order to clarify credits. rule which is located in the rules that the U.S. contractor may recover the (ii) The U.S. Government assumes no section of the Federal Register. full cost necessary to implement an obligation to satisfy or administer the Dated: August 9, 1995. offset agreement. offset requirement or to bear any of the Dennis Grams, associated costs. B. Regulatory Flexibility Act Regional Administrator. * * * * * [FR Doc. 95–23720 Filed 9–22–95; 8:45 am] The proposed rule is not expected to [FR Doc. 95–23551 Filed 9–22–95; 8:45 am] BILLING CODE 6560±50±F have a significant economic impact on BILLING CODE 5000±04±M a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., DEPARTMENT OF THE INTERIOR DEPARTMENT OF DEFENSE because the change in terminology from ‘‘administrative’’ to ‘‘implementation’’ Fish and Wildlife Service 48 CFR Part 225 is intended only to clarify the scope of costs covered. Furthermore, most 50 CFR Part 17 Defense Federal Acquisition companies involved in offset RIN 1018±AD20 Regulation Supplement; Offset arrangements are not small business Implementation Costs entities. An Initial Regulatory Flexibility Endangered and Threatened Wildlife Analysis has therefore not been and Plants; Proposed Special Rule for AGENCY: Department of Defense (DoD). prepared. Comments are invited from the Conservation of the Northern ACTION: Proposed rule with request for small businesses and other increased Spotted Owl on Non-Federal Lands parties. Comments from small entities comment. AGENCY: concerning the affected DFARS Subpart Fish and Wildlife Service, Interior. SUMMARY: The Director of Defense will be considered in accordance with ACTION: Procurement is proposing to amend the section 610 of the Act. Such comments Reopening of the comment period for the proposed special rule. Defense Federal Acquisition Regulation must be submitted separately and cite Supplement (DFARS) to change the DFARS Case 95–D019 in SUMMARY: On February 17, 1995, the phrase ‘‘offset administrative costs’’ to correspondence. Fish and Wildlife Service (Service) ‘‘offset implementation costs’’ in order C. Paperwork Reduction Act published a proposed special rule in the to clarify the scope of costs which may Federal Register (February 17, 1995, 60 be recovered by a U.S. defense The Paperwork Reduction Act does FR 9484) pursuant to section 4(d) of the contractor if the foreign military sale not apply because the rule does not Endangered Species Act (Act), to Letter of Offer and Acceptance is impose any additional information replace the blanket prohibitions against financed wholly with customer cash or collection requirements which require incidental take of spotted owls with a repayable foreign finance credits. The the approval of the Office of narrower, more tailor-made set of proposed rule also deletes the examples Management and Budget under 44 standards that reduce prohibitions of offset administrative costs. U.S.C. 3501, et seq. applicable to timber harvest and related DATES: Comment Date: Comments on List of Subjects in 48 CFR Part 225 activities on specified non-Federal forest lands in Washington and the proposed rule should be submitted Government procurement. in writing to the address below on or California. The comment period was before November 24, 1995, to be Michele P. Peterson, scheduled to end on September 15, considered in the formulation of the Executive Editor, Defense Acquisition 1995. The intent of this document is to final rule. Regulations Council. reopen the comment period to November 24, 1995. ADDRESSES: Interested parties should Therefore, 48 CFR Part 225 is proposed to be amended as follows: DATES: The comment period for written submit written comments to: Defense comments is reopened until November Acquisition Regulations Council, Attn: PART 225ÐFOREIGN ACQUISITION 24, 1995. Ms. Amy Williams, PDUS (AT&T) DP ADDRESSES: Comments and materials (DAR), IMD 3D139, 3062 Defense 1. The authority citation for 48 CFR concerning this proposed rule should be Pentagon, Washington, DC 20301–3062. Part 225 continues to read as follows: sent to Mr. Michael J. Spear, Regional Telefax number (703) 602–0350. Please Authority: 41 U.S.C. 421 and 48 CFR Director, Region 1, U.S. Fish and cite DFARS Case 95–D019 in all Chapter 1. Wildlife Service, 911 N.E. 11th Avenue, correspondence related to this issue. 2. Section 225.7303–2 is amended by Portland, Oregon 97232–4181. FOR FURTHER INFORMATION CONTACT: revising paragraph (a)(3) to read as FOR FURTHER INFORMATION CONTACT: Mr. Ms. Amy Williams, (703) 602–0131. follows: Curt Smitch, Assistant Regional Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49359

Director, North Pacific Coast Ecoregion, ACTION: Proposed rule. hannerae, Kokia kauaiensis, Labordia 3704 Griffin Lane SE, Suite 102, tinifolia var. wahiawaensis, Myrsine Olympia, Washington 98501 (360/534– SUMMARY: The U.S. Fish and Wildlife linearifolia, Phyllostegia knudsenii, 9330); or Mr. Ron Crete, Manager, Service (Service) proposes endangered Phyllostegia wawrana, Pritchardia Habitat Protection and Restoration, status pursuant to the Endangered napaliensis, Pritchardia viscosa, Office of Technical Support-Forest Species Act of 1973, as amended (Act), Schiedea helleri, Schiedea Resources, P.O. Box 3623, Portland, for 17 plants: Alsinidendron lychnoides membranacea, Schiedea stellarioides, Oregon 97204–3623 (503/326–6700). (kawawaenohu), Alsinidendron and Viola kauaensis var. wahiawaensis viscosum (No common name (NCN)), are endemic to the island of Kauai. SUPPLEMENTARY INFORMATION: Cyanea remyi (haha), Cyrtandra The island of Kauai is the Background cyaneoides (mapele), Delissea rivularis northernmost and oldest of the eight (’oha), Hibiscadelphus woodii (hau major Hawaiian Islands (Foote et al. The implementing regulations for kuahiwi), Hibiscus waimeae ssp. threatened wildlife generally 1972). This highly eroded island, hannerae (koki’o ke’oke’o), Kokia characterized by deeply dissected incorporate the prohibitions of section 9 kauaiensis (koki’o), Labordia tinifolia of the Endangered Species Act of 1973, canyons and steep ridges, is 1,430 var. wahiawaensis (kamakahala), as amended (Act), for endangered square kilometers (sq km) (553 sq miles Phyllostegia knudsenii (NCN), wildlife, except when a ‘‘special rule’’ (mi)) in area (Department of Geography Phyllostegia wawrana (NCN), promulgated pursuant to section 4(d) of 1983). Kauai was formed about six Pritchardia napaliensis (loulu), the Act has been issued with respect to million years ago by a single shield Pritchardia viscosa (loulu, Shiedea a particular threatened species. At the volcano. Its caldera, once the largest in helleri (NCN), Schiedea membranacea time the northern spotted owl, Strix the Hawaiian Islands, now extends (NCN), Schiedea stellarioides occidentalis caurina, was listed as a about 16 km (10 mi) in diameter and (laulihilihi), and Viola kauaensis var. threatened species in 1990, the Service comprises the extremely wet, elevated wahiawaensis (nani wai’ale’ale). The did not promulgate a special section tableland of Alakai Swamp (Department 4(d) rule and therefore, all of the section Service also proposes threatened status of Geography 1983). Because the highest 9 prohibitions, including the ‘‘take’’ for two plant species: Cyanea recta point on Kauai, at Kawaikini Peak, is prohibitions, became applicable to the (haha) and Myrsine linearifolia (kolea). only 1,598 m (5,243 ft) in elevation species. To replace the blanket All of the species are endemic to the (Walker 1990), it lacks the contrasting prohibitions against take of spotted island of Kauai, Hawaiian Islands. The leeward montane rainfall patterns found owls, the Service published a proposed 19 plant taxa and their habitats have on other Hawaiian islands that have special rule, 50 CFR Part 17, on been variously affected or are currently higher mountain systems. Rainfall is February 17, 1995, in the Federal threatened by one or more of the distributed throughout the upper Register, pursuant to section 4(d) of the following: competition, predation or elevations, especially at Mount Act, which proposes a narrower, more habitat degradation from introduced Waialeale, Kauai’s second highest point tailor-made set of standards that reduce species; natural disasters; and trampling at 1,569 m (5,148 ft) in elevation prohibitions applicable to timber by humans. This proposal, if made final, (Walker 1990) and one of the wettest harvest and related activities on would implement the Federal protection spots on earth, where annual rainfall specified non-Federal forest lands in provisions provided by the Act. Listing averages 1,145 centimeters (cm) (450 Washington and California. under the Act would also trigger listed inches (in)) (Wagner et al. 1990). To the status for these 19 taxa under State law. west of the Alakai Swamp is the deeply List of Subjects in 50 CFR Part 17 DATES: Comments from all interested dissected Waimea Canyon, extending 16 Endangered and threatened species, parties must be received by November km (10 mi) in length and up to 1.6 km Exports, Imports, Reporting and 24, 1995. Public hearing requests must (1 mi) in width. Later volcanic activity recordkeeping requirements, and be received by November 9, 1995. on the southeastern flank of the volcano Transportation. ADDRESSES: Comments and materials formed the smaller Haupu caldera. Subsequent erosion and collapse of its Authority concerning this proposal should be sent to Robert P. Smith, Manager, Pacific flank formed Haupu Ridge (Macdonald The authority for this action is the Islands Ecoregion, U.S. Fish and et al. 1983). One of the island’s most Endangered Species Act of 1973, as amended Wildlife Service, 300 Ala Moana famous features is the Na Pali Coast, (16 U.S.C. 1531 et seq.) Boulevard, Room 6307, P.O. Box 50167, where stream and wave action have cut Dated: September 11, 1995. Honolulu, Hawaii 96850. Comments deep valleys and eroded the northern Don Weathers, and materials received will be available coast to form precipitous cliffs as high Acting Regional Director, U.S. Fish and for public inspection, by appointment, as 910 m (3,000 ft) (Joesting 1984). Wildlife Service, Region 1, Portland, Oregon. during normal business hours at the Because of its age and relative isolation, levels of floristic diversity and [FR Doc. 95–23556 Filed 9–22–95; 8:45 am] above address. BILLING CODE 4310±55±P endemism are higher on Kauai than on FOR FURTHER INFORMATION CONTACT: any other island in the Hawaiian Robert P. Smith, Manager, Pacific archipelago. However, the vegetation of Islands Ecoregion (see ADDRESSES Kauai has undergone extreme 50 CFR Part 17 section) (telephone: 808/541–2749; alterations because of past and present RIN 1018±AD46 facsimile: 808/541–2756). land use. Land with rich soils was Endangered and Threatened Wildlife SUPPLEMENTARY INFORMATION: altered by the early Hawaiians and, more recently, converted to agricultural and Plants; Proposed Endangered or Background Threatened Status for Nineteen Plant use (Gagne and Cuddihy 1990) or Species From the Island of Kauai, Alsinidendron lychnoides, pasture. Intentional or inadvertent Hawaii Alsinidendron viscosum, Cyanea recta, introduction of alien plant and animal Cyanea remyi, Cyrtandra cyaneoides, species has also contributed to the AGENCY: Fish and Wildlife Service, Delissea rivularis, Hibiscadelphus reduction of native vegetation on the Interior. woodii, Hibiscus waimeae ssp. island of Kauai. Native forests are now 49360 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules limited to the upper elevation mesic and rocky terrain or cliff faces. The substrate sprawling habit, color of the sepals, wet regions within Kauai’s conservation is generally well-drained soils that may number of flowers per cluster, and size district. The 19 taxa proposed in this support tree canopies up to 40 m (130 of the leaves. Alsinidendron lychnoides rule occur in that district, between 150 ft) in height (Cuddihy and Stone 1990, is closely related to Alsinidendron and 1,310 m (500 and 4,300 ft) Gagne and Cuddihy 1990). The habitat viscosum, which differs primarily in elevation, within large State-owned of 8 of the 19 taxa in this proposed rule having narrower leaves, fewer capsule tracts of natural area reserves, forest extends to the higher elevation montane valves, and fewer flowers per cluster reserves, and parks, and smaller mesic or wet forests. Alsinidendron (Wagner et al. 1990). privately owned tracts. Most of the lychnoides, Delissea rivularis, and Historically, Alsinidendron proposed taxa persist on steep slopes, Schiedea helleri are the only proposed lychnoides has been found on the east precipitous cliffs, valley headwalls, and taxa found strictly within these montane rim of Kalalau Valley near Keanapuka, other regions where unsuitable communities, which typically occur the western and southeastern margins of topography has prevented agricultural above 910 m (3,000 ft) evaluation the Alakai Swamp, and southwest of the development or where inaccessibility (Hawaii Heritage Program (HHP) 1994a). Swamp near Kaholuamano on the island has limited encroachment by alien The annual rainfall in montane of Kauai (HHP 1994b2 to 1994b4, animal and plant species. communities may exceed 700 cm (280 1994b7; Wagner et al. 1990). This The 19 taxa proposed in this rule are in) (Gagne and Cuddihy 1990). species is extant on State-owned land in distributed mostly in the northern and The land that supports these 19 plant the Alakai Swamp, including the Alakai northwestern portions of the island and taxa is owned by various private parties Wilderness Preserve, and on State- grow in a variety of vegetation and the State of Hawaii (including State owned land on the east rim of Kalalau communities (shrublands, forests, and parks, forest reserves, and natural area Valley. This latter population occurs on mixed communities), elevational zones reserves). the boundary of Hono O Na Pali Natural (lowland to montane), and moisture Area Reserve (NAR) and Na Pali Coast Discussion of the 19 Taxa Proposed for regimes (dry to wet). Only one species, State Park. The four known populations Listing Pritchardia napaliensis, is found in contain a total of fewer than 10 plants lowland dry communities. These once Alsinidendron lychnoides was first (HHP 1994b1, 1994b5, 1994b6; Hawaii abundant communities are now described by Wilhelm Hillebrand (1888) Plant Conservation Center (HPCC) fragmented due to fire, development, as Schiedea lychnoides based on a 1992a; Wood and Perlman 1993a; and the ingression of alien plants and specimen collected by Valdemar Yoshioka 1992). Alsinidendron animals. Lowland dry forests in Hawaii Knudsen (between about 1853 and lychnoides typically grows in montane are characterized by an annual rainfall 1871) above Waimea, Kauai. While both wet forest dominated by Metrosideros of 50 to 200 cm (20 to 80 in) which falls Hillebrand and Amos A. Heller (1897) polymorpha (‘ohi’a) and Cheirodendron between November and March, and a believed that there were good reasons to sp. (‘olapa), or by ‘ohi’a and well-drained, highly weathered place Schiedea lychnoides in the genus Dicranopteris linearis (uluhe), trailing substrate rich in aluminum (Gagne and Alsinidendron, it wasn’t until 1944 that on the ground or on other vegetation, Cuddihy 1990). Earl E. Sherff transferred the species to and at elevations between 1,100 and Most populations of the 19 taxa in this genus. 1.320 m (3,600 and 4,330 ft). Associated this proposed rule are in lowland mesic Alsinidendron lychnoides, a member plant species included Athyrium sp., or wet shrubland or forest communities. of the pink family (Caryophyllaceae), is Carex sp., Cyrtandra sp. (ha’iwale), Lowland mesic shrublands lie between a weakly climbing or sprawling Machaerina sp. (‘uki), Vaccinium sp. 30 and 850 m (100 and 2,790 ft) subshrub. The main stems are 0.4 to 3 (‘ohelo), Peperomia sp. (‘ala ‘ala wai elevation and are characterized by an m (1.3 to 9.8 ft) long with short side nui), Hedyotis terminalis (manono), open or closed canopy up to 3 m (10 ft) branches. The plant is woody, at least at Astelia sp. (pa’iniu), and Broussaisia tall with little or no herbaceous layer the base, and densely covered with fine arquta (Kanawao) (HHP 1994b5, development. These shrublands usually glandular hairs throughout. The thin 1994b6; HPCC 1992a; Wagner et al. occur in habitats where forests cannot leaves are egg-shaped to elliptic and are 1990; Marie M. Bruegmann, U.S. Fish develop, such as on cliffs, ridges, and 3.5 to 6.5 cm (1.4 to 2.6 in) long and 1.5 and Wildlife Service (USFWS). in litt., steep slopes. The annual rainfall of 100 to 3.8 cm (0.6 to 1.5 in) wide. Eighteen 1994). to 200 cm (40 to 80 in) falls primarily to 21 flowers are arranged in clusters The major threats to Alsinidendron during the winter months (Gagne and with stalks ranging from 2 to 2.4 cm (0.8 lychnoides are competition from the Cuddihy 1990). Lowland mesic forest to 0.9 in) long. The four sepals are white aggressive alien plant species Rubus communities lie between 30 and 1,600 and thin, and remain so at maturity. The arqutus (prickly Florida blackberry), m (100 and 5,250 ft) elevation and are outer two sepals greatly overlap the habitat degradation by feral pigs (Sus characterized by a 2 to 20 m (6.5 to 65 inner ones. The sepals are oblong-ovate. srofa), and trampling by humans. One ft) canopy and a diverse understory of 10 to 12 millimeters (mm) (0.4 to 0.5 in) plant has died since Hurricane ‘Iniki shrubs, herbs, and ferns. The annual long, but enlarge to 12 to 16 mm (0.5 to struck Kauai in September 1992. This rainfall of 120 to 380 cm (45 to 150 in) 0.6 in) long in fruit, completely species is also threatened by a risk of falls predominantly between October enclosing the fruit at maturity. The extinction from naturally occurring and March (Gagne and Cuddihy 1990). stamens are scarcely fused at the base events (such as landslides or hurricanes) Lowland mesic forests often grade into with basal outgrowths 2.5 to 3.5 mm and/or reduced reproductive vigor due lowland wet forests that are typically (0.1 in) long. nearly as wide, and two- to the small number of extant found on the windward sides of islands to three-toothed. The fruit are egg- individuals (Center for Plant or in sheltered leeward situations shaped capsules, 9 to 12 mm (0.4 to 0.5 Conservation (CPC) 1990; HHP 1994b1, between 100 and 1,200 m (330 and in) long. with 8 to 11 valves. The black 1994b5., 1994b6; HPCC 1992a; M. 3,940 ft) elevation. The rainfall in this seeds are approximately 1 mm (0.04 in) Bruegmann, in litt., 1994). lowland wet community may exceed long with low transverse ridges on the Horace Mann, Jr. (1866) originally 500 cm (200 in) per year. These forests surface. This species is distinguished described Alsinidendron viscosum as were once the predominant vegetation from others in this endemic Hawaiian Schiedea viscosa based on a collection on Kauai but now exist only on steep genus by the weakly climbing or he made with William T. Brigham Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49361

(between 1864 and 1865) on Kauai Mohihi-Waialae Trail) total between 40 longitudinal stripes, 30 to 40 mm (1.2 to (Wagner et al. 1990). He chose the and 60 mature plants on State-owned 1.6 in) long, and 3 to 4 mm (0.1 to 0.2 specific name in reference to the sticky land. One population is within the in) wide, with spreading lobes. The hairs covering the whole plant. Later, Alakai Wilderness Preserve (Flynn and staminal column is smooth or sparsely Sherff (1944) placed the taxon in the Lorence 1992; HHP 1994c4; HPCC hairy at the base. The anthers are genus Alsinidendron based on a 1993a1, 1993a2; Yoshioka 1992; covered with minute epidermal reassessment of this species and Timothy Flynn and Kenneth Wood, projections, the lower two with tufts of Schiedea lychnoides, as suggested by NTBG, pers. comms., 1994). white hairs at the tip. The fruit is an egg- Hillebrand (1888) and Heller (1897). Alsinidendron viscosum is typically shaped, purple berry. Cyanea recta is Alsinidendron viscosum, a member of found at elevations between 820 and distinguished from other species in the the pink family, is a weakly climbing or 1.070 m (2,700 and 3,510 ft), on steep genus that grow on Kauai by the sprawling subshrub. The stems are 0.6 slopes in Acacia koa (koa)-’ohi’a following collective characteristics: to 3 m (2.0 to 9.8 ft) long, and densely lowland mesic or set forest. Associated horizontal or ascending inflorescence, covered with fine glandular hairs plant species include Alyxia oliviformis narrowly elliptic leaves 12 to 28 cm (4.7 throughout. The thin and membranous (maile), Bobea sp. (’ahakea), Carex sp., to 11 in) long, flat leaf margins, and leaves are narrowly elliptic and are 2.5 Dodonaea viscosa (’a’ali’i), Ilex anomala purple berries (Lammers 1990). to 5 cm (1.0 to 2.0 in) long and 0.8 to (’aiea), Melicope sp., (alani), Pleomele Historically, Cyanea recta was known 1.8 cm (0.3 to 0.7 in) wide. Usually sp. (hala pepe), and Psychotria sp. from scattered locations of northeastern three to nine flowers are arranged in (kopiko) (HHP 1994c4; HPCC 1993a1, and central Kauai, including upper loose clusters with stalks ranging from 1993a2; Flynn and Lorence 1992; Hanalei Valley, Waioli Valley, 2 to 3.5 cm (0.8 to 1.4 in) long. The four Wagner et al. 1990; K. Wood, pers. Hanapepe Valley, Kalalau cliffs, sepals are white, thin, and membranous, comm., 1994). Wainiha Valley, Makaleha Mountains, and remain so at maturity. The outer Destruction of habitat by feral pigs Limahuli Valley, Powerline Trail, and two sepals greatly overlap the inner and goats (Capra hircus); competition the Lehua Makanoe-Alakai area (HHP ones. The sepals are oblong in shape with the alien plant species prickly 1994d1 to 1994d7). Currently, six and 8 to 9 mm (0.3 in) long. but enlarge Florida blackberry, Lantana camara populations of this species, totalling to approximately 12 mm (0.5 in) long in (lantana), and Melinis minutiflora approximately 500 to 1,500 individuals, fruit, completely enclosing the fruit at (molasses grass); and a risk of extinction are found on State and private land in maturity. The stamens are scarcely from naturally occurring events and/or the following areas: upper Waioli fused at the base and the basal reduced reproductive vigor, due to the Valley, with more than 150 plants; outgrowths are about 3 mm (0.1 in) long, small number of extant populations and Wainiha Valley, with several hundreds nearly as wide, and two-toothed. The individuals, are the major threats to of plants; Makaleha Mountains, with an fruits are egg-shaped capsules, 8 to 12 Alsinidendron viscosum (HHP 1994c4; estimated 123 plants; Limahuli Valley mm (0.3 to 0.5 in) long, and opening by HPCC 1993a1, 1993a2; Steven Perlman, with fewer than 50 plants; Powerline five to seven values. The seeds are dark and K. Wood, NTBG, pers. comms., Trail with a single plant; and the back reddish brown, and approximately 0.8 1994; Christa Russell, The Nature of Hanalei Valley with an unknown mm (0.03 in) long with a minutely hairy Conservancy of Hawaii (TNCH), pers. number of plants (HHP 1994d3, 1994d8 surface. This species is distinguished comm. 1994). to 1994d10; HPCC 1992b, 1993c1, from others in this endemic Hawaiian While a member of the Austrian East genus by the weakly climbing or Asiatic Exploring Expedition, Dr. 1993c2; Lorence and Flynn 1993a, sprawling habit, color of the sepals, Heinrich Wawra collected a new 1993b; K. Wood and S. Perlman, pers. number of flowers per cluster, and size lobelioid on Kauai which he later comms., 1994). Cyanea recta grows in of the leaves. Alsinidendron viscosum is described and named Delissea recta lowland wet or mesic ’ohi’a forest or closely related toAlsinidendron (Wawra 1873). In 1888, Hillebrand shrubland, usually in gulches or on lychnoides, which differs primarily in transferred this species to the genus slopes, and typically from 400 to 940 m having wider leaves and more capsule Cyanea, and this is the name accepted (1,300 to 3,070 ft) elevation. Associated valves and flowers per cluster (Wagner in the current treatment of the family plant species include kopiko, et al. 1990). (Lammers 1990). Other published names Antidesma sp. (hame), Cheirodendron Historically, Alsinidendron viscosum which Lammers (1990) considers to be platyphyllum (lapalapa), Cibotium sp. was known from the Kaholuamano, synonymous with Cyanea recta include (hapu’u), and Diplazium sp. (HHP 1992; Kokee, Halemanu, Nawaimaka, and Cyanea larrisonii, Cyanea rockii, HPCC 1992b, 1993c1, 1993c2; Lammers Waialae areas of northwestern Kauai Cyanea salicina, Delissea larrisonii, and 1990; Lorence and Flynn 1993a, 1993b). (HHP 1994c1 to 1994c3). This species Delissea rockii (Rock 1915, St. John The major threats to Cyanea recta are had not been seen since Forbes’ 1917 1987b, Wimmer 1968). bark removal by rats; habitat collection near Kauaikinana in Kokee Cyanea recta, a member of the degradation by feral pigs; browsing by when, in 1991, Steven Perlman and bellflower family, is an unbranced shrub goats; and competition with the alien Kenneth Wood of HPCC discovered a 1 to 1.5 m (3.3 to 4.9 ft) tall. The plant species Blechnum occidentale population of 11 mature plants on the narrowly elliptic leaves are 12 to 28 cm (blechnum fern), lantana, Rubus ridge between Waialae and Nawaimaka (4.7 to 11 in) long and 1.2 to 5 cm (0.5 rosifolius (thimbleberry), Clidemia hirta valleys. In 19893, another 20 to 30 to 2 in) wide, with minutely toothed (Koster’s curse), Crassocephalum plants were discovered in the same margins. The upper surface is green and crepidioides, Deparia petersenii, general area on a north-facing ridge in smooth, while the lower surface is Erechtites valerianifolia (fireweed), Nawaimaka Valley. In 1992, Timothy whitish green to pale green, and smooth Melastoma candidum, Paspalum Flynn and David Lorence of the or hairy. Five to seven flowers are conjugatum (Hilo grass), Sacciolepis National Tropical Botanical Garden arranged on an inflorescence stalk 7 to indica (Glenwood grass), and Youngia (NTBG) located 10 plants along the 10 cm (3 to 4 in) long, each having an japonia (Oriental hawksbeard) (Lorence Mohihi-Waialae Trail. The 2 known individual stalk 5 to 17 mm (0.2 to 0.7 and Flynn 1993a, 1993b; Wood and populations (2 subpopulations in in) in length. The densely hairy flowers Perlman 1993b; K. Wood, pers. comm., Nawaimaka Valley and 1 population on are purple or white with purple 1994). 49362 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules

The French naturalist and ethnologist years, Cyanea remyi was rediscovered in (1 to 1.4 in) in length when the flower Ezechiel Jules Remy first collected the Blue Hole on Kauai by botanists is fully open, but falls off after the Cyanea remyi on Kauai or Niihau from NTBG. Currently, this species is flower matures. The fruit is an egg- between 1851 and 1855. The specimen, known from four widely separated shaped berry which is covered with labelled as an unidentified Delissea, locations in northeastern and shaggy hairs, at least when young. languished in the herbarium of the southeastern Kauai: a population of 14 Although poorly known, Cyrtandra Natural History Museum in Paris until plants in Waioli Valley; several hundred cyaneoides is a very distinctive species Joseph F. Rock formally described it and plants at the base of Mount Waialeale; (Wagner et al. 1990). It differs from named it in honor of the collector, in about 140 to 180 plants in the Wahiawa others of the genus that grow in Kauai 1917. In the current treatment of the Mountains, near Hulua; and a by being a succulent, erect or ascending family, Lammers (1990) surmised that population of about 10 to 50 plants on shrub and having a bilaterally the taxon may be synonymous with the summit plateau of the Makaleha symmetrical calyx that is spindle- Cyanea truncata due, at that time, to the Mountains. This species, therefore, shaped in bud and falls off after inadequate material available for study. totals over several hundred plants on flowering; leaves with a wrinkled However, several recent collections by State and private land. Cyanea remyi is surface, 40 to 55 cm (16 to 22 in) long botanists from NTBG have confirmed usually found in lowland wet forest or and 22 to 35 cm (9 to 14 in) wide; and the distinctness of this species shrubland at an elevation of 360 to 930 berries with shaggy hairs (Wagner et al. (Lammers 1993; Thomas Lammers, m (1,180 to 3,060 ft). Associated plant 1990). Field Museum of Natural History, and S. species include hame, kanawao, ’ohi’a, Cyrtandra cyaneoides was originally Perlman, pers. comms., 1994). Freycinetia arborea (’ie’ie), and known only from the type collection Cyanea remyi, a member of the Perrottetia sandwicensis (olomea) (HHP made at Kaholuamanu 80 years ago, bellflower family, is a shrub 0.9 to 2 m 1992, 1994e; HPCC 1991a1, 1991a2, along the trail to Waialae Valley on the (3 to 6.6 ft) tall with generally 1992c; Lorence and Flynn 1991, 1993a, island of Kauai (HHP 1994fl, Wagner et unbranched stems 1 to 2.5 cm (0.4 to 1 1993b). al. 1990). In 1991, botanists from NTBG in) in diameter. The stems are erect, Competition with the alien plant discovered a population of 50 to 100 unarmed (lacking prickles), dark purple species fireweed, Hilo grass, Psidium individuals at Namolokama above and hairy toward the apex, and brown cattleianum (strawberry guava), Lumahai Valley. Three additional and hairless below. The leaves are thimbleberry, and Melastoma populations were discovered over the broadly elliptic, egg-shaped, or broadly candidum; habitat degradation by feral next 2 years: 1 plant on the Makaleha oblong, and 16 to 40 cm (6 to 16 in) long pigs; browsing by goats; predation by Plateau; more than 300 plants in and 9.5 to 19.5 cm (3.7 to 7.7 in) wide. rats; unidentified slugs that feed on the Wainiha Valley; and 1 plant in upper The upper leaf surface is green, glossy, stems; and a risk of extinction from Waioli Valley for a total of between 350 and hairless. The lower leaf surface is naturally occurring events, due to the and 400 plants (HHP 1994f2; Lorence whitish green and glossy with scattered small number of remaining populations, and Flynn 1993a, 1993b; Wood and short white hairs on the midrib and are the major threats to Cyanea remyi Perlman 1993b). The four known veins. The leaf margins are hardened (HPCC 1991a1, 1991a2, 1992c; Lorence populations occur on private and State and slightly toothed. The inflorescence and Flynn 1991, 1993b; S. Perlman, land, between 550 and 1,220 m (1,800 rises upward, contains 6 to 23 flowers, pers. comm., 1994). and 4,000 ft) elevation. This species and is covered with short white hairs. In 1909, J.F. Rock collected a plant typically grows on steep slopes or cliffs The dark maroon sepal lobes are specimen on Kauai which he named near streams or waterfalls in lowland or triangular or narrowly triangular, Cyrtandra cyaneoides (Rock 1913a). The montane wet forest or shrubland spreading or ascending, and 4 to 6 mm specific epithet refers to the dominated by ’ohi’a or a mixture of (0.2 in) long and 1 to 2 mm (0.04 to 0.08 resemblance of this distinctive plan to a ’ohi’a and uluhe. Associated species in) wide. The tubular flowers, 40 to 53 species of the endemic Hawaiian genus include Boehmeria grandis (’akolea). mm (2 in) long, have two lips, are dark Cyanea. Pipturus sp. (mamaki), ’olapa, ’uki, purple (shading to purplish white at the Cyrtandra cyaneoides, a member of Athyrium sp., and Jedyotis sp. (manono) apex of the lobes on their inner surface), the African violet family (Gesneriaceae), (Lorence and Flynn 1993a, 1993b; Wood and are densely covered with short is an erect or ascending, fleshy, and Perlman 1993b). white hairs. The flower tube is curved, unbranched shrub, about 1 to 1.3 m (3.3 The major threat to Cyrtandra 30 to 31 mm (1 in) long and 5 to 5.5 mm to 4.3 ft) tall. The opposite, symmetrical, cyaneoides is competition with alien (0.2 in) in diameter. The staminal egg-shaped leaves are fleshy and plant species such as fireweed, Hilo column is slightly protruding. The leathery, 40 to 55 cm (16 to 22 in) long grass, thimbleberry, Deparia petersenii, maroon or dark purple fruit is a round and 22 to 35 cm (9 to 14 in) wide. The and Drymaria cordata (pipili). Because berry, 10 to 13 mm (0.4 to 0.5 in) in upper surface of the toothed leaves is of the small number of known diameter, with orange flesh and small wrinkled with impressed veins and populations, this species is especially projections on the outer surface. Cyanea sparsley covered with long hairs. The vulnerable to extinction by reduced remyi is distinguished from others in lower surface has raised veins and is reproductive vigor and/or naturally the genus that grow on Kauai by its sparsely covered with hairs. The leaf occurring events (for example, shrubby habit; relatively slender, stalks are 4.5 to 14 cm (1.8 to 5.5 in) landslides and hurricanes). Feral pigs unarmed (lacking prickles) stems; long and winged. The white flowers, are reported to occur in lower Wainiha smooth or minutely toothed leaves; covered with shaggy brown hairs, arise Valley; however, no evidence exists of densely hairy flowers; the shape of the from the leaf axils in small dense their incursion into the upper valley to calyx lobes; length of the calyx and clusters. The corolla tube (fused petals) date (HHP 1994f2; HPCC 1993d; corolla, and length of the corolla lobe is narrowly funnelform, curved near the Lorance and Flynn 1993a, 1993b; S. relative to the floral tube (Lammers and middle, about 25 mm (1 in) long, and Perlman, pers. comm., 1994). Lorence 1993). hairless. The corolla lobes are elliptic In 1909, J.F. Rock collected a plant Cyanea remyi was originally known and about 7 mm (0.3 in) long. The specimen on Kauai which he later only from Remy’s nineteenth century bilaterally summetrical calyx is spindle- named Cyanea rivularis (Rock 1913b). collection. In 1991, after more than 130 shaped in bud and about 26 to 36 mm In 1943, F.E. Wimmer transferred this Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49363 species to Delissea, and Thomas including a new species in the endemic extinction from naturally occurring Lammers (1990), in the current Hawaiian genus Hibiscadelphus. events (e.g., rock slides) and/or reduced treatment of this endemic Hawaiian Hibiscadelphus woodii was described in reproductive vigor, due to the small genus, concurred. The specific epithet 1995 by D. Lorence and Warren Wagner number of existing individuals in the refers to streams or brooks, the typical (1995; Wood and Perlman 1993a; D. only known population, are the major habitat of this plant. Lorence and K. Wood, pers. comms., threats to Hibiscadelphus woodii (HPCC Delissea rivularis, a member of the 1994). 1991c; Lorence and Wagner 1995; D. bellflower family, is a shrub, Hibiscadelphus woodii, a member of Lorence, pers. comm., 1994). unbranched or branched near the base, the mallow family (Malvaceae), is a Reverned John Mortimer Lydgate with hairy stems 4 to 5 m (13 to 16 ft) small branched tree 2.5 to 5 m (8.2 to collected Hibiscus waimeae ssp. long. The leaves are arranged in a 16.4 ft) tall with a rounded crown. The hannerae on Kauai in 1913, and more rosette at the tips of the stems. The leaves have stalks 2.8 to 5.8 cm (1.1 to than 60 years passed before it was elliptic to lance-shaped leaves are 20 to 2.3 in) long, with star-shaped hairs collected again, in 1978, by Steven 30 cm (8 to 12 in) long and 3 to 8 cm when young which are mostly lost as Perlman. Otto and Isa Degener named (1.2 to 3.2 in) wide, with minutely the leaf matures. Awl-shaped stipules, Lydgate’s collection as a variety of toothed margins. Both leaf surfaces are also covered with star-shaped hairs, are Hibiscus waimeae in honor of Mrs. Ruth covered with hairs. Six to 12 flowers are found at the base of the leaf stalk. The Knudsen Hanner, a supporter of their arranged on an inflorescence stalk 4 to leaf blade is ovate, 7 to 9 cm (2.6 to 3.5 work on Kauai (Degener and Degener 8 cm (1.6 to 3.2 in) long, each having an in) long, and 6.5 to 8.4 cm (2.6 to 3.3 1962). David M. Bates, the author of the individual stalk 10 to 15 mm (0.4 to 0.6 in) wide. Star-shaped hairs are scattered current treatment of the Hawaiian in) in length. The curved, hairy flowers along the veins of the leaves. The leaf members of the family, elevated the are white with blue longitudinal stripes, margins are irregularly and coarsely varietal name to a subspecies (Bates 30 to 40 mm (1.2 to 1.6 in) long, with toothed with the teeth either pointed or 1989, 1990). one dorsal knob. The fruit is a spherical, rounded. Flowers are borne individually Hibicus waimeae ssp. hannerae, a dark purple berry 10 to 15 mm (0.4 to on stalks 1.4 to 2.1 cm (0.6 to 0.8 in) member of the mallow family, is a gray- 0.6 in) in diameter. This species is long with star-shaped hairs. Below each barked tree, 6 to 10 m (20 to 33 ft) tall, distinguished from others of the genus flower are four to six bracts 11 to 15 mm with star-shaped hairs densely covering by the color, length, and curvature of (0.4 to 0.6 in) long and 1.8 to 4 mm (0.07 its leaf and flower stalks and branchlets. the corolla; shape of the leaves; and to 0.16 in) wide. The calyx is tubular, The circular to broadly egg-shaped presence of hairs on the stems, leaves, 1.3 to 1.5 cm (0.5 to 0.6 in) long, green leaves are usually 5 to 18 cm (2 to 7 in) flower clusters, and corolla (Lammers shallowly lobed, and moderately hairy long and 3 to 13 cm (1.2 to 5 in) wide. 1990). with star-shaped hairs. The corolla is The strongly fragrant flowers are borne Historically, Delissea rivularis was 4.5 to 4.7 cm (1.8 to 1.9 in) long, yellow singly near the ends of the branches on known from Waiakealoha waterfall with a coppery tinge when fresh which flower stalks 2 to 3 cm (0.8 to 1.2 in) (location unknown), Waialae Valley, rapidly turns purplish-maroon. The long. The calyx is tubular, normally 3 to Hanakoa Valley, and Kaholuamano on staminal column extends about 7 mm 4.5 cm (1.2 to 1.8 in) long, with lobes the island of Kauai (HHP 1994g1 to (0.3 in) beyond the lobes of the corolla. 8 to 15 mm (0.2 to 0.6 in) long. The 1994g3, Lammers 1990). This species, Fruits are not known from this species. flaring petals are white when the flower recently recollected after almost 80 Hibiscadelphus woodii differs from the opens in the morning, but fade to years, is now known only from the other known Kauai species by pinkish in the afternoon. The petals, upper Hanakoa Valley stream area of differences in leaf surface and usually 4 to 6 cm (1.6 to 2.4 in) long, northwestern Kauai (HPCC 1993e; S. involucral bract characters, and by are basally attached to the staminal Perlman, pers. comm., 1994). This flower color (Lorence and Wagner 1995; column to form a tube about 1.5 cm (0.6 population of 15 to 20 plants, scattered D. Lorence, pers. comm., 1994). in) long. The exserted staminal column over an area of more than 100 sq m Hibiscadelphus woodii is known only is up to 15 cm (6 in) long and reddish (1,100 sq ft), is on State land within the from the site of its discovery in Kalalau to crimson at the tip. The filaments arise Hono O Na Pali NAR at about 1,190 m Valley on the island of Kauai within the in the upper half of the staminal column (3,900 ft) elevation. Delissea rivularis is Na Pali Coast State Park, from about 990 and spread up to 2.5 cm (1 in) long. The found on steep slopes in ‘ohi’a-’olapa to 1,000 m (3,250 to 3,280 ft) elevation. fruit is a cartilaginous, egg-shaped montane wet or mesic forest, near Only four trees of this species are capsule 1.8 to 2.5 cm (0.7 to 1 in) long streams. Associated native species known. The plants grow on cliff walls and hairless. Two subspecies are include kanawao, Athyrium sp., Carex in an ‘ohi’a montane mesic forest with recognized, both occurring on Kauai: sp., Coprosma sp. (pilo), and Sadleria alani, Dubautia sp. (na’ena’e), Lepidium spp. hannerae and ssp. waimeae. sp. (‘ama’u) (HPCC 1993e; Lammers serra (‘anaunau), Lipochaeta sp. (nehe), Subspecies hannerae is distingushed by 1990; S. Perlman, pers. comm., 1994). Lysimachia sp., Chamaesyce sp. having larger leaves but smaller flowers The major threats to Delissea rivularis (‘akoko), manono, Nototrichium sp. (Bates 1990). The species is are competition with the encroaching (kulu’i), Myrsine sp. (kolea), and the distinguished from others of the genus alien plant prickly Florida blackberry, federally endangered species Stenogyne by the position of the anthers along the habitat destruction by feral pigs, and campanulata, Lobelia niihauensis, and staminal column, length of the staminal reduced reproductive vigor and/or a risk Poa mannii (Mann’s bluegrass) (HPCC column relative to the petals, color of of extinction from naturally occurring 1991c; Lorence and Wagner 1995; D. the petals, and length of the calyx (Bates events due to the small number of Lorence and K. Wood, pers. comms., 1990). remaining individuals in the single 1994). Three collections of Hibiscus remaining population (HPCC 1993e; S. Habitat degradation by feral goats and waimeae ssp. hannerae are known, all Perlman, pers. comm., 1994). pigs, competition and invasion by the from the island of Kauai (HHP 1994i2). In 1991, several new species were alien plant species Erigeron The Kalihiwai population of this collected by Ken Wood of NTBG, M. karvinskianus (daisy fleabane), nectar subspecies is apparently extinct and the Query, and Steve Montgomery on the robbing by Japanese white-eye two remaining populations are found in cliff walls of Kalalau Valley, Kauai, (Zosterops japonicus), and a risk of adjacent valleys on Kauai’s northern 49364 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules coast on State and private land, and distinguished from others of this (Loganiaceae), is a shrub or small tree, total between 75 and 125 individuals. endemic Hawaiian genus by the length usually 2 to 8 m (6.6 to 26.2 ft) tall. The Between 50 and 100 plants are scattered of the bracts surrounding the flower young branches are cylindrical or nearly over a 100 sq m (1,100 sq ft) area along head, number of lobes and width of the so and hairless. The elliptic to lance- the stream in Limahuli Valley, and leaves, the length of the petals, and the shaped leaves are usually 4.5 to 21 cm another 50 or so plants were distributed length of the hairs on the seeds (Bates (1.8 to 8.3 in) long and 2 to 5 cm (0.8 over a 10 to 100 sq m (110 to 1,100 sq 1990). to 2 in) wide. The membranous leaves ft) area below the cliffs in the back of Kokia kauaiensis is known from six are medium green hairless, and the Hanakapiai Valley before Hurricane scattered populations on northwestern veins are not impressed on the upper ’Iniki (HPCC 1990a, 1991d). After the Kauai, but only five of these populations leaf surface. Normally, 9 to 12 hairless hurricane, only 25 plants remain in have been relocated within the last six flowers are clustered on a downward Hanakapiai Valley (M. Bruegmann, in years (HHP 1994j1 to 1994j4). The five curving inflorescence stalk 9 to 22 mm litt., 1994). In Limahuli Valley, Hibiscus extant populations are found on State (0.35 to 0.9 in) long each having an waimeae ssp. hannerae is growing in an land in the following areas: Paaiki individual stalk 8 to 11 mm (0.2 to 0.4 ’ohi’a-uluhe lowland wet forest between Valley; Mahanaloa-Kuia Valley junction in) in length. The pale yellowish green 190 and 560 m (620 and 1,850 ft) within or on the boundary of Kuia NAR; flower is narrowly urn-shaped, 17 to 19 evaluation. At this location, associated the western side of Kalaulau Valley, and mm (0.7 to 0.75 in) long. The tubular species include ’ahakea, ’ama’u, haha, Pohakuao Valley, both within Na Pali portion of the flower is 5.5 to 7.8 mm ha’iwale, and Syzygium sp. The Coast State Park; and Koaie Stream (0.2 to 0.3 in) long with long, white Hanakapiai Valley population is branch of Waimea Canyon, where some hairs inside, while the egg-shaped lobes growing in Pisonia sp. (papala kepau)— plants may be within the boundary of are 1.7 to 2.3 mm (0.07 to 0.09 in) long. Charpentiera elliptica (papala) lowland the Alakai Wilderness Preserve. The The fruit is an egg-shaped capsule, 8 to mesic forest with ’ahakea, hame, kopiko, three largest populations contain 17 mm (0.2 to 0.7 in) long, usually with mamaki, and the alien species Aleurites between 30 and 70 individuals each, two valves and an apex with a beak 0.5 moluccana (kukui), between 220 and with the others each numbering fewer to 1.5 mm (0.02 to 0.1 in) long. Three 370 m (720 and 1,200 ft) (Bates 1990; than 10 individuals. Estimates of the varieties of Labordia tinifolia are HHP 1990a, 1994i1; 1994i2; HPCC total number of individuals range from recognized: var. lanaiensis on Lanai and 1990a, 1991d). 145 to 170 (HHP 1994j1, 1994j3 to Molokai, var. tinifolia on Kauai and four The major threats to Hibiscus 1994j6; J. Lau and S. Perlman, pers. other islands, and var. wahiawaensis, waimeae ssp. hannerae are habitat comms., 1994). This species typically endemic to Kauai. Variety wahiawaensis degradation by feral pigs; competition grows in diverse mesic forest at is distinguished from the other two by with alien plant species, including elevations between 475 and 795 m its larger corolla. This species differs thimbleberry, Koster’s curse, and (1,960 and 2,600 ft). Associated species from others of the genus by having a lantana; and a risk of extinction from include ’ahakea, koa, kukui, Diospyros long common flower cluster stalk, naturally occurring events (e.g., sandwicensis (lama), manono, hala hairless young stems and leaf surfaces, hurricanes) and/or reduced pepe, papala, Nestegis sandwicensis transversely wrinkled capsule valves, reproductive vigor due to the small (olopua), and ’ohi’a (Bates 1990; HHP and corolla lobes usually 1.7 to 2.3 mm number of remaining populations (HHP 1990a, 1994j1, 1994j3 to 1994j6; HPCC (0.1 in) long (Wagner et al. 1990). 1994i2, 1994i3; HPCC 1990a, 1991d; M. 1990b1 to 1990b3; Wood and Perlman Labordia tinifolia var. wahiawaensis Bruegmann, in litt., 1994). 1993a; M. Bruegmann, in litt., 1994; J. is only known from the Wahiawa In 1919, J.F. Rock and Augustus F. Lau, pers. comm., 1994). Drainage in the Wahiawa Mountains of Knudsen collected a specimen of a tree Competition with a habitat Kauai from about 630 to 740 m (2,070 that Rock (1919) named as Kokia rockii degradation by the invasive alien plant to 2,430 ft) elevation on privately owned var. kauaiensis. Later, Otto Degener and species lantana, Passiflora liqularis land, within a 0.8 by 1.2 km (0.5 by 0.75 Albert W. Duvel (1934) elevated the (sweet granadilla), thimbleberry, mi) area (HHP 1994k; HPCC 1991e1, variety to a full species, Kokia Kalanchoe pinnata (air plant), 1991e2; Lorence and Flynn 1991). More kauaiensis. The current treatment of the strawberry guava, and Triumfetta than 100 plants were known from the family upholds this designation (Bates semitriloba (Sacramento bur); substrate area before Hurricane ’Iniki swept over 1990). loss; habitat degradation and browsing Kauai in 1992. During a 1994 visit to the Kokia kauaiensis, a member of the by feral goats and mule deer area, only 20 to 30 surviving individuals mallow family, is a tree 5 to 10 m (16.4 (Odocoileus hemionus); predation by were found (S. Perlman, pers. comm., to 33 ft) tall. The seven- or nine-lobed, rats, which eat the seeds; and a risk of 1994). The plants grow along streams in circular leaves are 12 to 25 CM (5 to 10 extinction from naturally occurring lowland wet forests dominated by ‘ohi’a in) wide with a heart-shaped base. The events due to the small number of and often in association with ’olapa or solitary, brick-red flowers are clustered remaining populations are the major uluhe. Plants found in association with near the ends of the branches on stout threats affecting the survival of Kokia this taxon include ha ’iwale, hame, flower stalks 3 to 9 cm (1.2 to 3.5 in) kauaiensis (HHP 1994j1, 1994j3 to kopiko, manono, and Athyrium sp. long. The broadly egg-shaped floral 1994j6; HPCC 1990b1 to 1990b3; Wood (HPCC 1991e1, 1991e2). bracts are 4 to 6 cm (1.5 to 2.4 in) long and Perlman 1993a; M. Bruegmann, in The primary threats to the remaining and hairless except toward the base, litt., 1994; J. Lau, S. Perlman, and K. individuals of Labordia tinifolia var. which has a sparse covering of long, soft Wood, pers. comms., 1994). wahiawaensis are competition with the hairs. The curved petals, 10 to 15 cm (4 Based upon a specimen collected by alien plant strawberry guava, habitat to 6 in) long, are twisted at the base and Steven Perlman on Kauai in 1980, degradation by pigs, trampling by densely covered with yellowish, silky Harold St. John (1984) described humans, and a risk of extinction from hairs. The fruit is an egg-shaped Labordia tinifolia var. wahiawaensis, naturally occurring events and/or capsule. The egg-shaped seeds are 10 to naming it for the Wahiawa Mountains reduced reproductive vigor due to the 12 mm (0.4 to 0.5 in) long and densely where it was first collected. small number of individuals in the only covered with reddish, woolly hairs up Labordia tinifolia var. wahiawaensis, known population (HPCC 1991e1, to 10 mm (0.4 in) long. These species is a member of the logania family 1991e2; S. Perlman, pers. comm., 1994). Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49365

Lydgate first collected Myrsine total about 100 plants; hence, number of individuals in the only linearifolia on Kauai in 1912. Edward Y. approximately 1,000 to 1,500 known population (HPCC 1993j). Hosaka (1940) chose the specific epithet individuals are known for the entire Phyllostegia wawrana was described to describe its distinctive linear- species. Plants growing in association by Sherff (1934) from a collection made lanceolate curved leaves. In an action with this species include ’ahakea,’ aiea, in the 1800s. Sherff chose the specific that was not supported by other alani, Eurya sandwicensis (anini), epithet to honor the collector, Dr. taxonomists, Otto and Isa Degener kopiko, Lysimachia sp., and native Heinrich Wawra. (1971, 1975) transferred several species ferns. Phyllostegia wawrana, a member of from the genus Myrsine to the genus Competition with alien plants such as the mint family, is a perennial vine that Rapanea based upon minute floral daisy fleabane, lantana, prickly Florida is woody toward the base and has long, features. The currently accepted blackberry, strawberry guava, crinkly hairs along the stem. The leaves treatment of the Hawaiian members of thimbleberry, and air plant, and habitat are opposite, ovate, and covered with the family follows Hosaka’s earlier, degradation by ungulates such as pigs hairs, especially along the veins of the broad concept of Myrsine (Wagner et al. and goats are major threats to Myrsine lower surface. The leaves are 10.5 to 20 1990). linearifolia (HPCC 1991f1 to 1991f5, cm (4.1 to 7.8 in) long and 4 to 11 cm Myrsine linearifolia, a member of the 1993f; J. Lau, S. Perlman, and K. Wood, (1.6 to 4.3 in) wide. Flowers are borne myrsine family (Myrsinaceae), is a pers. comms., 1994). in groups of four to six along a leafy branched shrub, 2.5 to 8 m (8.2 to 26.2 Hillebrand (1888) described flower stalk with one or two short ft) tall. The slightly fleshy, linear leaves Phyllostegia knudsenii from a specimen lateral branches. Each of these lateral are 5 to 9 cm (1.7 to 3 in) long, 0.25 to collected by Knudsen in the 1800s. He branches have a pair of leaves at the 0.4 cm (0.09 to 0.14 in) wide, often chose the specific epithet to honor the base. The corolla tube is about 10 mm yellowish purple toward the base, and collector. (0.03 in) long, with an upper lip about tend to be clustered toward the upper Phyllostegia knudsenii, a member of 2 mm (0.08 in) long. The fruits are four branches. The margins of the leaves are the mint family (Lamiaceae), is an erect, greenish-black nutlets in each flower smooth and roll slightly toward the perennial herb or vine. The opposite and are about 2 mm (0.8 in) long. This underside of the leaf. One to three leaves are limp, ovate, faintly species may be related to Phyllostegia apparently perfect (containing male and pubescent, 11.5 to 18 cm (4.5 to 7 in) floribunda and Phyllostegia knudsenii, female parts) flowers, on stalks 1 to 4.2 long, and 5.1 to 9 cm (2 to 3.5 in) wide. but has a less specialized flower stalk mm (0.04 to 0.17 in) long, occur in Flowers are borne in groups of two to (Degener 1946, Sherff 1934, Wagner et clusters among the leaves. The greenish four along a flower stalk 4 to 6.5 cm (1.6 al. 1990). petals are inversely lance-shaped, about to 2.6 in) long. The corolla is 6 to 8 mm Phyllostegia wawrana was reported 2.2 to 2.5 mm (0.09 to 0.1 in) long, and (0.2 to 0.3 in) long. The fruits are four from Hanalei in the 1800s and was last also have margins fringed with hairs. At black fleshy nutlets in each flower and observed along Kokee Stream in 1926, maturity, the fruits are black elliptic- are 1.5 to 2 mm (0.06 to 0.8 in) long. until 1993 when NTBG botanists found shaped drupes, about 6 mm (0.2 in) This species differs from others in this two populations on State-owned land: long. This species is distinguished from genus in its specialized flower stalk. It 10 to 50 individuals in the Makaleha others of the genus by the shape, length, differs from the closely related Mountains and 5 or 6 in Honopu Valley and width of the leaves, length of the Phyllostegia floribunda in often having (HHP 1991bl, 1991b2; HPCC 1993k1, petals, and number of flowers per four flowers per group (Hillebrand 1888, 1993k2; Sherff 1934, 1935; Wagner et al. cluster (Wagner et al. 1990). HPCC 1993j, Sherff 1935, Wagner et al. 1990). This species grows in ’ohi’a- Historically, Myrsine linearifolia was 1990). dominated forest with either ’olapa or known from nine scattered locations on Until 1993, Phyllostegia knudsenii uluhe as codominant species. Kauai: Olokele Valley, Kalualea, Kalalau was only known from the type Associated species include Diplazium Valley and Kahuamaa Flat, Limahuli- collection made in the 1800s, from the sandwichianum, ’ohelo, kanawao, kolea, Hanakapiai Ridge, Koaie Stream, woods of Waimea (HHP 1991a, kopiko, Dubautia knudsenii (na’ena’e), Pohakuao, Namolokama Summit Hillebrand 1888, Sherff 1935, Wagner et Scaevola procera (naupaka kuahiwi), Plateau, and Haupu (HHP 1994L1, al. 1990). In 1993, botanists at NTBG Gunnera sp., Pleomele aurea (hala 1991L4, 1994L6, 1994L9). This species rediscovered one individual of this pepe), Claoxylon sandwicense (po’ola), is currently known from six populations species in Koaie Canyon. This species is Elaphoglossum sp., ’ala ’ala wai nui, on State and private land: Kalalau found in ’ohi’a lowland mesic forest at manono, haupu’u, ’ama’u, ho’awa, ’uki, Valley including Kahuamaa Flat above 865 m (2,840 ft) elevation. Associated and Syzygium sandwicensis (’ohi’a ha) Kalalau, Limahuli-Hanakapiai Ridge, species include olomea, Cyrtandra (HPCC 1993k1, 1993k2). Wahiawa Drainage, Koaie Stream, kauaiensis (ulunahele), Cyrtandra The major threats to Phyllostegia Pohakuao, and Namolokama Summit paludosa (moa), Elaeocarpus bifidus wawrana include degradation of habitat Plateau (HHP 1994L2, 1994L3, 1994L5, (kalia), Cryptocarya mannii (holio), by feral pigs and competition with alien 1994L7; HPCC 1991f5, Wood and Doodia kunthiana, Selaginella plant species such as thimbleberry, Perlman 1993a; J. Lau, pers. comm., arbuscula, lama, Zanthoxylum Passiflora mollissima (banana poka), 1994). Myrsine linearifolia typically dipetalum (a’e), Pittosporum sp. (ho’ prickly Florida blackberry, Melastoma grows in mesic to wet ’ohi’a forests that awa), Pouteria sandwicensis (’ala’a), and candidum, fireweed, and daisy fleabane are sometimes co-dominant with ’olapa Pritchardia minor (loulu) (HPCC 1993j; (HPCC 1993k1, 1993k2). or uluhe from 585 to 1,280 m (1,920 to S. Perlman, pers. comm., 1994). Harold St. John described Pritchardia 4,200 ft) elevation (HHP 1994L2, Major threats to Phyllostegia napaliensis based upon a specimen 1994L3, 1994L5, 1994L7; HPCC 1991f5; knudsenii include habitat degradation collected by Charles Christensen on Wood and Perlman 1993a; J. Lau and K. by pigs and goats; competition with Kauai in 1976 (St. John 1981). He named Wood, pers. comms., 1994). The largest alien plant species such as pipili, Hilo this plant for the Na Pali Coast of Kauai population, located in Kalalau Valley, grass, lantana, and air plant; and a risk where it was first collected. contains several hundreds of of extinction from naturally occurring Pritchardia napaliensis, a member of individuals (S. Perlman, pers. comm., events (e.g., landslides) and reduced the palm family (Arecaceae), is a small 1994). The remaining five populations reproductive vigor due to the small palm with about 20 leaves and an open 49366 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules crown. The palm ranges from 4 to 6 m predation by rats; competition with the individuals in the only known (13 to 10 ft) tall and has a slender trunk alien plants air plant, daisy fleabane, population, this species is susceptible to measuring 18 to 20 cm (7 to 8 in) in lantana, Psidium guajava (common extinction because a single naturally diameter. The green leave blades are guava), and possibly ti; and a risk of occurring event (e.g., a hurricane) could about 85 cm (33.5 in) long and are extinction from naturally occurring destroy all remaining plants. almost flat irrespective of the events and/or reduced reproductive In 1895, Heller collected a plant longitudinal folds). The lower leave vigor due to the small number of specimen on Kauai that Sherff (1943) surface is covered with elliptic, pale, remaining populations and individuals later named Schiedea helleri in honor of thin, flexible, and somewhat translucent (HPCC 1990c1, 1990c2, 1991g). its collector. Listed as possibly extinct scales with fringed margins. Upon Pritchardia viscosa was first described in the current treatment of the family maturity, the leaves are almost smooth by Rock in 1921, based on a specimen (Wagner et al. 1990), Schiedea helleri and the leaf segments are lax, flexible, he collected on Kauai a year earlier was recently collected on Kauai by and droop with increasing age. The (Beccari and Rock 1921). The specific botanists from NTBG (HPCC 1993g). flowers are arranged in branched epithet refers to the very viscous Schiedea helleri, a member of the clusters about 14 cm (5.5 in) long which inflorescence, calyx, and corolla. pink family, is a vine. The stems, are equal or shorter in length than the Pritchardia viscosa, a member of the smooth below and minutely hairy leaf stalks. Each flower is associated palm family, is a small palm 3 to 8 m above, are probably prostrate and at with a small, bristly bract. Bracts (10 to 26 ft) tall. The lower surface of least 0.15 m (0.5 ft) long with internodes associated with the flowers or flower the leaf blades is silvery grey and at least 4 to 15 cm (1.6 to 6 in) long. The stalks are sparsely and inconspicuously covered with small scales. The opposite leaves are somewhat thick and coated with scales which are usually inflorescences are about the same length range from 10 to 14 cm (4 to 5.5 in) long lost at maturity. The black fruits are 1.7 as the leaf stalks and consist of one to and 4.5 to 6 cm (1.8 to 2.4 in) wide. The to 2.3 cm (0.7 to 0.9 in) long, 1.4 to 1.8 three loosely branched panicles, each leaves are triangular, egg-shaped to cm (0.6 to 0.7 in) in diameter, and about 15 to 20 cm (6 to 8 in) long. The heart-shaped, conspicuously three- inversely egg-shaped. This species is flowers occur in two opposite rows and veined, and nearly hairless to sparsely distinguished from others of the genus are extremely sticky and shiny. The covered with short, fine hairs, especially that grown on Kauai by having about 20 elliptic, pear-shaped fruits are up to 4 along the margins. The perfect flowers flat leaves with pale scales on the lower cm (1.6 in) long and about 2.5 cm (1 in) occur in loose, open branched clusters, surface that fall off with age, wide. This species differs from others of each branch being 20 to 26 cm (8 to 10.2 inflorescences with hairless main axes, the genus that grow on Kauai by the in) long. The flower contains three and globose fruits less than 3 cm (1.2 in) degree of hairness of lower surface of styles and probably ten stamens. The long (Read and Hodel 1990). the leaves and main axis of the flowr fruits are capsules, about 3 to 3.4 mm Pritchardia napaliensis is known from cluster, and length of the flower cluster (0.12 to 0.13 in) long. This species three locations on the island of Kauai on (Read and Hodel 1990). differs from others of the genus that State-owned land: Hoolulu and Historically, Pritchardia viscosa was grow on Kauai by its viney habitat Waiahuakua valleys in the Hono O Na known only from the 1920 collection (Wagner et al. 1990). Pali NAR and Alealau in Kalalau Valley from Kalihiwai Valley on the island of Schiedea helleri was originally known (within or close to the boundaries of Kauai (HHP 1994n2). It was not seen only from a single location above Hono O Na Pali NAR and Na Pali Coast again until 1990, when naturalist John Waimea, at Kaholuamano on the island State Park) (HHP 1994m1, 1994m2; K. Obata and NTBG botanist Ken Wood of Kauai, collected 100 years ago (HHP Wood, pers. comm., 1994). This species observed it in the same general area as 1994o). In 1993, this species was is not known to occur anywhere else Rock’s type locality off the Powerline discovered on a steep wall above a side (HHP 1994ml, 1994m2). Pritchardia Road at 510 m (1,680 ft) elevation on stream off Mohihi Stream, napaliensis typically grows in a wide State land (HHP 1994n1; J. Obata, pers. approximately 5.6 km (3.5 mi) north of variety of habitats ranging from lowland comm., 1991; S. Perlman, pers. comm. the original location (HPCC 1993g). The dry to mesic forests to montane wet 1994). This population of one juvenile only known population consists of 30 to forests dominated by lama and and two mature plants comprise the 40 mature individuals found on a steep sometimes, kukui, ’ohi’a, and uluhe only known extant individuals; three cliff in closed ’ohi’a-uluhe montane wet from 150 to about 1,160 m (500 to about additional plants from this population forest on State-owned land, within or 3,800 ft) elevation (HHP 1994m1, were destroyed by Hurricane ’Iniki in close to the Alakai Wilderness Preserve, 1994m2; HPCC 1990c1, 1990c2, 1991g; 1992. The plants are found in an ’ohi’a- at approximately 1,070 m (3,500 ft) S. Perlman and K. Wood, pers. comms., uluhe lowland wet forest associated elevation (HPCC 1993g); S. Perlman, 1994). The largest population in with plant species including ’aiea, pers. comm., 1994). Other native plants Hoolulu Valley contains between 60 and ’ahakea, hame, hapu’u, and kopiko (S. growing in association with this 80 plants and the 2 other populations Perlman, pers. comm., 1994). population include hapu’u, kanawao, each contain 3 or fewer plants, giving a Strawberry guava and alien grasses ’olapa, Cyanea hirtella (haha), Dianella total of fewer than 90 known such as Hilo grass are major threats to sandwicensis (’uki’uki), and Viola individuals for this species (HHP Pritchardia viscosa because these alien wailenalenae (HPCC 1993g). The 1994m1, 1994m2; HPCC 1991g; S. plants are effective competitors for federally endangered Poa sandvicensis Perlman and K. Wood, pers. comms., space, light, nutrients, and water. Rats is also found here (M. Bruegmann, in 1994). Several associated plant species are known to eat the fruit of Pritchardia litt., 1994). besides those mentioned above include viscosa and are, therefore, a serious Competition with the noxious alien hala pepe, kopiko, Cordyline fruticosa threat to the reproductive success of this plant prickly Florida blackberry and a (ti), Cheirodendron trigynum (’olapa), species (S. Perlman, pers. comm., 1994). risk of extinction from naturally and Ochrosia sp. (holei) (HHP 1994m1, At least one of the remaining mature occurring events and/or reduced 1994m2; HPCC 1990c1, 1990c2, 1991g). trees has been damaged by spiked boots reproductive vigor, due to the small Major threats to Pritchardia used by a seed collector to scale these number of extant individuals in the only napaliensis include habitat degradation trees (L. Mehrhoff, in litt., 1994). Also, known population, are serious threats to and/or grazing by goats and pigs; seed because of the small numbers of Schiedea helleri (HPCC 1993g). Pigs Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49367 have not yet been reported from this to 1990d3, 1991h, 1993h; S. Perlman, slopes in a closed koa-’ohi’a a lowland drainage, but pose a potential threat pers. comm., 1994). to montane mesic forest between 610 since they are found in nearby areas (M. Habitat degradation by feral ungulates and 1,120 m (2,000 and 3,680 ft) Bruegmann, in litt., 1994). (mule deer, goats, and pigs); elevation (HHP 1994q4, HPCC 1993i). Robert Hobdy collected a specimen of competition with the alien plant species The plants are scattered in an Schiedea membranacea on Kauai in daisy fleabane. lantana, prickly Florida approximately 2-km (1.25-mi) by 0.3-km 1969. Harold St. John (1972) later blackberry, thimbleberry, strawberry (0.2-mi) area. Associated plant species described and named the taxon. The guava, Ageratine adenophora (Maui include ’a’ali’i, alani, ’uki’uki, Bidens specific epithet refers to the pamakani), A. riparia (Hamakua cosmoides (po’ola nui), Mariscus sp., membranous texture of the leaves. pamakani), and banana poka; and and Styphelia tameiameiae (pukiawe) Schiedea membranacea, a member of landslides are the primary threats to (HHP 1994q4). the pink family, is a perennial herb. The schiedea membranacea (CPC 1990; The primary threats to this species unbranched, fleshy stems rise upwards HPCC 1990d1 to 1990d3, 1991h, 1993h; include habitat degradation by feral from near the base and are somewhat Wood and Perlman 1993a; M. ungulates (pigs and goats), direct sprawling. They are 0.5 to 1 m (1.6 to Breugmann, in litt., 1994; S. Perlman, destruction of plants by goats, 3.3 ft) long with internodes 6 to 12 cm pers. comm., 1994). competition with the alien plants (2.4 to 4.7 in) long. During dry seasons, Mann and Brigham first collected a molasses grass and prickly Florida specimen of Schiedea stellarioides in the plant dies back to a woody, short blackberry, and a risk of extinction of the mountains of Kauai between 1864 stem at or beneath the ground surface. the one remaining population from and 1865. Benedict Pierre Georges The oppositely arranged leaves, 13 to 20 naturally occurring events (HPCC 1993i; Hochreutiner (1925) and E.E. Sherff cm (5 to 8 in) long and 5 to 8 cm (2 to S. Perlman, pers. comm., 1994). (1943, 1945, 1954) published several Charles Noyes Forbes collected a 3.2 in) wide, are broadly elliptic to egg- varieties of this species, characterized specimen of Viola kauaensis var. shaped, generally thin, have five to only by slight differences in leaf shape wahiawaensis on Kauai in 1909. In seven longitudinal veins, and are and size, which are not recognized in 1920, he described the variety, naming sparsely covered with short, fine hairs. the current treatment of the family it for Wahiawa Bog where it was first The perfect flowers have no petals, are (Wagner et al. 1990). collected. numerous, and occur in large branched Schiedea stellarioides, a member of Viola kauaensis var. wahiawaensis, a clusters. The inflorescences are about 25 the pink family, is a slightly erect to member of the violet family (Violaceae), to 27 cm (10 to 10.6 in) long. The prostrate subshrub 0.3 to 0.6 m (1 to 2 is a perennial herb with upward curving purple, lance-shaped sepals are about 2 ft) tall with branched stems and or weakly rising, hairless, lateral stems mm (0.08 in) long and have thin, dry, internodes generally 3.5 to 6.5 cm (1.4 about 10 to 50 cm (4 to 20 in) long. The membranous margins. The flowers to 2.5 in) long. The opposite leaves are kidney- to heart-shaped leaves are contain three to five styles and probably very slender to oblong-elliptic, 2.7 to 8.2 usually 2 to 5 cm (0.8 to 2 in) long and ten stamens. The capsular fruits, 2.5 to cm (1.1 to 3.2 in) long. 0.2 to 1.3 cm (0.1 3.5 to 6 cm (1.4 to 2.4 in) wide, and 3 mm (0.1 to 0.12 in) long, are purple to 0.5 in) wide, and one-veined. The widely spaced. The toothed leaf blades at the apex. This species differs from perfect flowers lack petals and occur in are unlobed or rarely three-lobed, others of the genus that grow on Kauai open branched clusters. The hairless or covered with a few minute by having five- to seven-nerved leaves inflorescence ranges from 15 to 32 cm hairs, with a broadly wedge-shaped and an herbaceous habit (Wagner et al. (6 to 12.6 in) long. The flower stalks are base. The solitary flowers are borne in 1990). 7 to 10 mm (0.28 to 0.4 in) long and the the leaf axils. Two types of flowers are Schiedea membranacea is known narrowly egg-shaped sepals are 2.9 to present. One is self-pollinating and does from six current populations on the 3.3 mm (0.11 to 0.13 in) long. The not open, while the other opens and western side of the island of Kauai: flowers contain ten stamens, three requires cross-pollination. The flowers Mahanaloa-Kuia, Paaiki, Kalalau, styles, and a two-lobed nectary. The that open have hairless petals which are Nualolo, Wainiha and Waialae valleys capsular fruits are 2.2 to 3.4 mm (0.09 white on the upper surface and purple on State (including Kuia NAR and Na to 0.13 in) long and contain tiny, dark or blue to white on the lower surface. Pali Coast State Park) and privately brown, circular to kidney-shaped, These petals are narrowly spatula- owned land (HHP 1994p1 to 1994p3; slightly wrinkled seeds. This species is shaped, the upper petals measuring Wood and Perlman 1993a; S. Perlman distinguished from others of the genus about 15 to 19 mm (0.6 to 0.7 in) long, and K. Wood, pers. comm., 1994). This that grow on Kauai by the number of the lateral ones about 18 to 23 mm (0.7 species is not known to have occurred veins in the leaves, shape of the leaves, to 0.9 in) long, and the lower ones about at any other locations. Although the presence of a leaf stalk, length of the 18 to 23 mm (0.7 to 1 in) long. The non- number of plants of this species flower cluster, and shape of the seeds opening flowers usually occur on short remaining in Paaiki Valley is not (Wagner et al. 1990). lateral stems. Their greenish petals are known, about 200 to 250 individuals are Historically, Schiedea stellarioides hairless, the upper ones being three- known in the other five populations was known from the sea cliffs of lobed and about 1 to 1.6 mm (0.04 to (HHP 1994p1 to 1994p3; S. Perlman and Hanakapiai Beach, Kaholuamano- 0.06 in) long. The fruit is a deeply lobed K. Wood, pers. comm., 1994). This Opaewela region, the ridge between capsule 8 to 13 mm (0.3 to 0.5 in) long. species is typically found on cliffs and Waialaw and Nawaimaka valleys, and Two varieties of this species are cliff bases in a wide variety of mesic to Haupu Range on the island of Kauai recognized, both occurring on Kauai: wet habitats between 520 and 1,160 m (HHP 1994q1 to 1994q3). This species is var. kauaensis and var. wahiawaensis. (1,700 and 3,800 ft) elevation. The now known only from the ridge between Variety wahiawaensis is distinguished vegetation ranges from open to closed Waialea and Nawaimaka valleys on by having broadly wedge-shaped leaf lowland to montane shrubland to forest State land, just 0.8 km (0.5 mi) bases, whereas var. kauaensis has heart- communities with either a variety of northwest of the Kaholuamano- shaped to truncate leaf bases. The canopy and understory species or Opaewela region (HHP 1994q4). This species is distinguished from others of dominated by kukui, mamaki, or ’ohi’a population of approximately 500 to the genus by its non-woody habit, (HHP 1994p1 to 1994p3; HPCC 1990d1 1,000 individuals is found on steep widely spaced leaves, and by having 49368 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules two types of flowers: conspicuous, open approximately 1,700 vascular plant Alsinidendron viscosum, Schiedea flowers and smaller, unopened flowers species, including all of the above taxa helleri, and Schiedea stellarioides were (Wagner et al. 1990). considered to be endangered. The list of considered Category 1*, and were Viola kauaensis var. wahiawaensis is 1,700 plant taxa was assembled on the moved to Category 3A in the 1990 known only from the Wahiawa basis of comments and data received by notice. Category 1* species are those Mountains of Kauai on privately owned the Smithsonian Institution and the which are possibly extinct. Cyanea recta land (HHP 1994r, Lorence and Flynn Service in response to House Document and Phyllostegia wawrana were 1991). This taxon is not known to have No. 94–51 and the July 1, 1975, Federal considered Category 3A species in the occurred beyond its current range. Register publication. 1990 notice. Because new information Fewer than 100 individuals are known General comments received in indicates their current existence and to remain in Kanaele Swamp (often response to the 1976 proposal are provides support for listing, the above referred to as Wahiawa Bog), an open summarized in an April 26, 1978, seven taxa have been included in this bog surrounded by low scrub of Federal Register publication (43 FR proposed rule. Hibiscus waimeae ssp. ’ohi’a,uluhe, and ’ohi’a ha at about 640 17909). In 1978, amendments to the Act hannerae (as H. waimeae) was m (2,100 ft) elevation. Another eight required that all proposals over two considered Category 3C in the 1980 and plants are on a nearby ridge between years old be withdrawn. A one-year 1985 notices. Category 3C species are Mount Kapalaoa and Mount Kahili in grace period was given to proposals those that have proven to be more wet shrubland dominated by uluhe- already over two years old. On abundant or widespread than previously Diplopterygium pinnatum ground cover, December 10, 1979, the Service believed and/or are not subject to any with scattered ’ohi’a and Syzygium sp., published a notice in the Federal identifiable threat. In the 1990 and 1993 at about 865 m (2,840 ft) elevation (HHP Register (44 FR 70796) withdrawing the notices, this subspecies was considered 1994r; Lorence and Flynn 1991; K. portion of the June 16, 1976, proposal a Category 2 species, along with Wood, pers. comm., 1994). that had not been made final, along with Pritchardia napaliensis and Pritchardia The primary threats to Viola viscosa. Alsinidendron lychonoides and kauaiensis var. wahiawaensis are a risk four other proposals that had expired. The Service published an updated Cyrtandra cyaneoides were considered of extinction from naturally occurring Category 2 species in the 1993 notice. notice of review for plants on December events and/or reduced reproductive Since the last notice, new information 15, 1980 (45 FR 82479), September 27, vigor due to the small number of suggests that the numbers and 1985 (50 FR 39525), February 21, 1990 existing populations and individuals, distribution are sufficiently restricted (55 FR 6183), and September 30, 1993 habitat degradation through the rooting and threats sufficient for the above nine (58 FR 51144). Fourteen of the species activities of feral pigs, and competition Category 2 species, as well as Cyanea in this proposal (including synonymous with alien plants such as Juncus remyi and the recently discovered taxa) have at one time or another been planifolius and Pterolepis glomerata Hibiscadelphus woodii, to warrant considered either Category 1 or Category (HHP 1994r; Lorence and Flynn 1991; K. listing. Wood. pers. comm., 1994). 2 candidates for Federal listing. Section 4(b)(3)(B) of the Act requires Category 1 species are those for which Previous Federal Action the Secretary to make findings on the Service has on file substantial petitions that present substantial Federal action on these plants began information on biological vulnerability information indicating that the as a result of section 12 of the and threats to support preparation of petitioned action may be warranted Endangered Species Act (16 U.S.C. listing proposals but for which listing within 12 months of their receipt. 1533), which directed the Secretary of proposals have not been published Section 2(b)(1) of the 1982 amendments the Smithsonian Institution to prepare a because they are precluded by other further requires all petitions pending on report on plants considered to be listing activities. Category 2 species are October 13, 1982, be treated as having endangered, threatened, or extinct in the those for which listing as endangered or been newly submitted on that date. On United States. This report, designated as threatened is possibly appropriate, but October 13, 1983, the Service found that House Document No. 94–51, was for which sufficient data on biological the petitioned listing of these taxa was presented to Congress on January 9, vulnerability and threats are not warranted, but precluded by other 1975. In that document, Hibiscus currently available. Schiedea pending listing actions, in accordance waimeae ssp. hannerae (as H. waimeae), membranacea and Kokia kauaiensis with section 4(b)(3)(B)(iii) of the Act; Kokia kauaiensis, Myrsine linearifolia, were considered Category 2 species in notification of this finding was (as Myrsine linearifolia var. linearifolia), all notices of review. In the 1980 and published on January 20, 1984 (49 FR Phyllostegia knudsenii, and Viola 1985 notices, Myrsine linearifolia (as M. 2484). Such a finding requires the kauaensis var. wahiawaensis were linearifolia var. linearifolia), Service to consider the petition as considered to be endangered. Delissea Phyllostegia knudsenii, and Viola having been resubmitted, pursuant to rivularis and Schiedea membranacea kauaensis var. wahiawaensis were section 4(b)(3)(C)(i) of the Act. The were considered to be threatened. On considered Category 1 species. In the finding was reviewed annually in July 1, 1975, the Service published a 1990 and 1993 notices, Myrsine October of 1984 through 1993. notice in the Federal Register (40 FR linearifolia and Viola kauaensis var. Publication of the present proposal 27823) of its acceptance of the wahiawaensis were considered Category constitutes the final such finding for Smithsonian report as a petition within 2 status. Phyllostegia knudsenii was these taxa. the context of section 4(c)(2) (now considered Category 3A in the 1990 section 4(b)(3)) of the Act, and giving notice. Category 3A species are those for Summary of Factors Affecting the notice of its intention to review the which the Service has persuasive Species status of the plant taxa named therein. evidence of extinction. Delissea Section 4 of the Endangered Species As a result of that review, on June 16, rivularis was considered a Category 2 Act and regulations (50 CFR part 424) 1976, the Service published a proposed species in the 1980 and 1985 notices, promulgated to implement the listing rule in the Federal Register (41 FR but was believed to be extinct and provisions of the Act set forth the 24523) to determine endangered status considered Category 3A in the 1990 procedures for adding species to the pursuant to section 4 of the Act for notice. In the 1985 notice, Federal lists. A species may be Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49369 determined to be an endangered or 4(a)(1). The threats facing these 19 taxa threatened species due to one or more are summarized in Table 1. of the five factors described in section

TABLE 1.ÐSUMMARY OF THREATS

Alien mammals Sub- Alien strate Human Limited Species plants loss/hur- impacts numbers* Other Deer Goats Pigs Rats ricane

Alsinidendron lychnoides ...... X X X X X1,2 Alsinidendron viscosum ...... X X X X P X1,3 Cyanea recta ...... X X X X X P Cyanea remyi ...... X X X X X1 Slugs. Crytandra cyaneoides ...... P P X X X1 Delissea rivularis ...... X P X X X1,3 Hibiscadelphus woodii ...... X X X X X1,2 White-eye. Hibiscus waimeae ssp. hannerae ...... X X X X1 Kokia Kauaiensis ...... X X X X X X1 Labordia tininfolia var. wahiawaensis ...... X X X X X1,3 Myrsine linearifolia ...... X X X Phyllostegia knudsenii ...... X X X X1,2 Phyllostegia wawrana ...... X X X1,3 Pritchardia napaliensis ...... X X X X X1,3 Pritchardia viscosa ...... X X X X X1,2 Schiedea helleri ...... P X P X1,3 Schiedea membranacea ...... X X X X X Schiedea stellarioides ...... X X X X1 Viola kauaensis var. wahiawaensis ...... X X X1,3 Key X = Immediate and significant threat. P = Potential threat. * = No more than 100 individuals and/or no more than 5 populations. 1 = No more than 5 populations. 2 = No more than 10 individuals. 3 = No more than 100 individuals.

These factors and their application to introductions, agricultural development, changing forest composition and Alsinidendron lychnoides (Hillebr.) and recreational use. Natural affecting native species (Cuddihy and Sherff (kuawawaenohu), Alsinidendron disturbances such as storms and Stone 1990). viscosum (H. Mann) Sherff (NCN), landslides also destroy habitat and can Beginning with Captain James Cook in Cyanea recta (Wawra) Hillebr. (haha), have a significant effect on small 1792, early European explorers Cyanea remyi Rock (haha), Cyrtandra populations of plants. Destruction and introduced livestock, which became cyaneoides Rock (mapele), Delissea modification of habitat by introduced feral, increased in number and range, rivularis (Rock) F. Wimmer (’oha), animals and competition with alien and caused significant changes to the Hibiscadelphus woodii Lorence and plants are the primary threats facing the natural environment of Hawaii. The Wagner (hau kuahiwi), Hibiscus 19 taxa being proposed (See Table 1). waimeae ssp. hannerae A. Heller (koki’o 1848 provision for land sales to When Polynesian immigrants settled individuals allowed large-scale ke’oke’o), Kokia kauaiensis (Rock) in the Hawaiian Islands, they brought agricultural and ranching ventures to Degener & Duvel (koki’o), Labordia with them water-control and slash-and- begin. So much land was cleared for tinifolia var. wahiawaensis St. John burn systems of agriculture and these enterprises that climatic (kamakahala), Myrsine linearifolia encouraged plants that they introduced conditions began to change, and the Hosaka (kolea), Phyllostegia knudsenii to grow in valleys. Their use of the land Hillebr. (NCN), Phyllostegia wawrana resulted in erosion, changes in the amount and distribution of rainfall were Sherff (NCN), Pritchardia napaliensis composition of native communities, and altered (Wenkam 1969). Plantation St. John (loulu). Pritchardia viscosa a reduction of biodiversity (Cuddihy owners supported reforestation Rock (loulu), Schiedea helleri Sherff and Stone 1990, HHP 1990b, Kirch programs which resulted in many alien (NCN), Schiedea membranacea St. John 1982, Wagner et al. 1985). Hawaiians trees being introduced in the hope that (NCN), Schiedea stellarioides H. Mann settled and altered many areas of Kauai the watershed could be conserved. (laulihilihi), Viola kauaensis var. including areas in which some of the Beginning in the 1920s, water collection wahiawaensis C. Forbes (nani proposed taxa grew (Department of and diversion systems were constructed wai’ale’ale) are as follows: Land and Natural Resources (DLNR) in upland areas to irrigate lowland A. The present or threatened 1981a; HHP 1990a, 1990b). Many fields, and this undoubtedly destroyed destruction, modification, or forested slopes were denuded in the individuals and populations of native curtailment of its habitat or range. The mid-1800s to supply firewood to plants. The irrigation system also habitats of the plants included in this whaling ships, plantations, and island opened new routes for the invasion of proposed rule have undergone extreme residents. Native plants were alien plants and animals into native alteration because of past and present undoubtedly affected by this practice. forests (Cuddihy and Stone 1990, land management practices, including Also, sandalwood and tree fern Culliney 1988, Wagner et al. 1990, deliberate alien animal and plant harvesting occurred in many areas, Wenkam 1969). 49370 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules

Past and present activities of population of Myrsine linearifolia; the more populations of ten of the proposed introduced alien mammals are the Kalalau Valley population of Pritchardia taxa are currently threatened by direct primary factor altering and degrading napaliensis; three of the six populations damage from feral goats, such as vegetation and habitats on Kauai. Feral of Schiedea membranacea at Kalalau trampling of plants and seedlings and ungulates trample and eat native Valley, Nualolo, and Waialae Valley; erosion of substrate (Clarke and vegetation and disturb and open areas. and the Wahiawa Mountains population Cuddihy 1980, Culliney 1988, Scott et This causes erosion and allows the entry of Viola kauaensis var. wahiawaensis. al. 1986, van Riper and van Riper 1982). of alien plant species (Cuddihy and Pigs also constitute a potential threat to The only known populations of Stone 1990, Wagner et al. 1990). Sixteen the only known population of Schiedea Hibiscadelphus woodii, Phyllostegia taxa in this proposal are directly helleri off Mohihi Stream, the Pohakuao knudsenii, and Schiedea stellarioides threatened by habitat degradation and Kalalau cliffs populations of are threatened by goats. Populations of resulting from introduced ungulates: 15 Myrsine linearifolia, and the Wainiha other proposed taxa threatened by goats taxa are threatened by pigs, 10 by goats, Valley populations of Cyanea recta and include: the Waialae and Nawaimaka and 2 by deer. Cyrtandra cyaneoides. Habitat Valley populations of Alsinidendron The pig (Sus scrofa) is originally degradation reported to occur in areas viscosum, the Makaleha Mountains native to Europe, northern Africa, Asia near these populations, if not populations of Cyanea recta and Cyanea Minor, and Asia. European pigs, controlled, may become a problem for remyi, four of the five populations introduced to Hawaii by Captain James these populations (HHP 1990a, 1992, (Kalalau Valley, Koaie Stream, Cook in 1778, became feral and invaded 1994b7, 1994i1, 1994i3; HPCC 1990a, Mahanaloa Valley, and Pohakuao forested areas, especially wet and mesic 1991a2, 1991d, 1991f1, 1991f3, 1991f4, Valley) of Kokia kauaiensis, the Kalalau forests and dry areas at high elevations. 1992a, 1993a1, 1993c1, 1993e, 1993j, cliffs and Namolokama Summit plateau They are currently present on Kauai and 1993k1, 1993k2; Lorence and Flynn populations of Myrsine linearifolia, the four other islands, and inhabit rain 1991, 1993b; Wood and Perlman 1993a; largest population of Pritchardia forests and grasslands. Pig hunting is M. Bruegmann, in litt., 1994; T. Flynn, napaliensis at Hoolulu Valley, and three allowed on all islands either year-round J. Lau. D. Lorence, S. Perlman, and K. of the six populations (Kalalau Valley, or during certain months, depending on Wood, pers. comms., 1994). Mahanaloa-Kuia Valley, and Waialae the area (DLNR n.d.-a, n.d.-b, n.d.-c, The goat (Capra hircus), a species Valley) of Schiedea membranacea (HHP 1990). While rooting in the ground in originally native to the Middle East and 1994j5, 1994j6; HPCC 1990b3, 1990c2, search of the invertebrates and plant India, was successfully introduced to 1991f5, 1991h, 1993a1, 1993a2, 1993f, material they eat, feral pigs disturb and the Hawaiian Islands in 1792. Currently 1993i; Lorence and Flynn 1993b; Wood destroy vegetative cover, trample plants populations exist on Kauai and four and Perlman 1993a; J. Lau, D. Lorence, and seedlings, and threaten forest other islands. On Kauai, feral goats have S. Perlman, K. Wood, pers. comms., regeneration by damaging seeds and been present in drier, more rugged areas 1994). seedlings. They disturb soil and cause since the 1820s and they still occur in Individuals of mule deer (Odocoileus erosion, especially on slopes. Alien Waimea Canyon and along the Na Pali hemionus), native from western North plant seeds are dispersed on their Coast, as well as the drier perimeter of America to central Mexico, were hooves and coats as well as through Alakai Swamp and even in its wetter brought to Kauai from Oregon in the their digestive tracts, and the disturbed areas during periods with low rainfall. 1960s for game hunting and have not soil is fertilized by their feces, helping Goats are managed in Hawaii as a game been introduced to any other Hawaiian these plants to establish. Pigs are a animal, but many herds populate island. Mule deer were introduced, in major vector in the spread of banana inaccessible areas where hunting has part, to provide another animal for poka and strawberry guava, and little effect on their numbers (HHP hunting, since the State had planned to enhance populations of common guava. 1990c). Goat hunting is allowed year- reduce the number of goats on Kauai Hamakua pamakani, Maui pamakani, round or during certain months, because they were so destructive to the and prickly Florida blackberry, all of depending on the are (DLNR n.d.–a, landscape (Kramer 1971). About 400 which threaten one or more of the n.d.–b, n.d.–c, 1990). Goats browse on animals are known in and near Waimea proposed taxa (Cuddihy and Stone introduced grasses and native plants, Canyon, with some invasion into Alakai 1990, Medeiros et al. 1986, Scott et al. especially in drier and more open Swamp in drier periods. Mule deer, 1986, Smith 1985, Stone 1985, Tomich ecosystems. Feral goats eat native legally hunted during only one month 1986, Wagner et al. 1990). vegetation, trample roots and seedlings, each year, trample native vegetation and Feral pigs pose an immediate threat to cause erosion, and promote the invasion cause erosion by creating trails and 1 or more populations of 15 of the of alien plants. They are able to forage removing vegetation (Cuddihy and proposed taxa. All known populations in extremely rugged terrain and have a Stone 1990, DLNR 1985, Tomich 1986). of the following taxa are threatened by high reproductive capacity (Clarke and They are a threat to the Mahanaloa-Kuia feral pigs: Alsinidendron viscosum, Cuddihy 1980. Cuddihy and Stone Valley and Nualolo populations of Delissea rivularis, Hibiscadelphus 1990, Culliney 1988, Scott et al. 1986, Schiedea membranacea and the Paaiki woodii, Hibiscus waimeae ssp. Tomich 1986, van Riper and van Riper and Kuia Valley populations of Kokia hannerae, Labordia tinifolia var. 1982). kauaiensis (M. Bruegmann, in litt., 1994; wahiawaensis, Phyllostegia knudsenii, Although many of the proposed S. Perlman, pers. comm., 1994). Phyllostegia wawrana, and Schiedea plants survive on steep cliffs Substrate loss due to agriculture, stellarioides. Populations of other inaccessible to goats, their original range grazing animals (especially goats), proposed taxa threatened by feral pigs was probably much larger, and they are hikers, and vegetation change results in are: the Alakai Wilderness and vulnerable to the long-term, indirect habitat degradation and loss. This Keanapuka populations of effects of goats, such as large-scale particularly affects plant populations on Alsinidendron lychnoides; the Makaleha erosion (Corn et al. 1979). The habitats cliffs or steep slopes, such as the Koaie Mountains population of Cyanea recta; of many of the 19 proposed plants were Stream population of Kokia kauaiensis the Makaleha Mountains and Wahiawa damaged in the past by goats, and these (HHP 1994j6). Mountains populations of Cyanea effects are still apparent in the form of B. Overutilization for commercial, remyi; the Wahiawa Mountains alien vegetation and erosion. One or recreational, scientific, or educational Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49371 purposes. Unrestricted collecting for Lorence, S. Perlman, K. Wood, pers. of Oahu from eastern Asia in 1930, and scientific or horticultural purposes and comms., 1994). The lack of seedlings of has since spread to all of the main excessive visits by individuals many of the taxa and the occurrence of Hawaiian Islands. It is currently the interested in seeing rare plants are individuals of several taxa only on most abundant bird in Hawaii (Pratt et potential threats to all of the proposed inaccessible cliffs may indicate that al. 1989). Japanese white-eye has been taxa, but especially to Hibiscadelphus browsing animals, especially goats, have observed piercing the corollas of woodii, Phyllostegia knudsenii, and restricted the distribution of these Hibiscadelphus woodii, presumably to Pritchardia viscosa, each of which has plants (HPCC 1991c; Wood and Perlman rob nectar (Lorence and Wagner 1995). only one or two populations and fewer 1993a; D. Lorence and K. Wood, pers. D. The inadequacy of existing than five individuals. Collection of comms., 1994). regulatory mechanisms. Hawaii’s whole plants or reproductive parts of Of the four species of rodents that Endangered Species Act states—‘‘Any any of these three species could have been introduced to the Hawaiian species of aquatic life, wildlife, or land adversely impact the gene pool and Islands, the species with the greatest plant that has been determined to be an threaten the survival of the species. impact on the native flora and fauna is endangered species pursuant to the Some taxa, such as Alsinidendron probably Rattus rattus (black or roof [Federal] Endangered Species Act shall lychnoides, Alsinidendron viscosum, rat), which now occurs on all the main be deemed to be an endangered species Cyanea recta, Labordia tinifolia var. Hawaiian Islands around human under the provisions of this chapter wahiawaensis, Pritchardia viscosa, and habitations, in cultivated fields, and in ** *’’ (Hawaii Revised Statutes (HRS), Schiedea helleri have populations close dry to wet forests. Black rats and to a sect. 195D–4(a)). Therefore, Federal to trails or roads and are thus easily lesser extent Mus musculus (house listing would automatically invoke accessible to collectors and, therefore, mouse), Rattus exulans (Polynesian rat), listing under Hawaii State law, which are potentially threatened by and R. norvegicus (Norway rat) eat the prohibits taking of listed plants in the overcollection (Flynn and Lorence 1992; fruits of some native plants, especially State and encourages conservation by HHP 1994b1, 1994d8, 1994h1, 1994n1; those with large, fleshy fruits. Many State agencies (HRS, sect. 195D–4 and HPCC 1991e2, 1993g; T. Flynn, pers. native Hawaiian plants produce their 5). comm., 1994). At least one of the three fruit over an extended period of time, None of the 19 proposed taxa are remaining Pritchardia viscosa and this produces a prolonged food listed by the State. Eight of the proposed individuals has been damaged by spiked supply which supports rodent taxa have populations on privately boots used to scale those trees and populations. Black rats strip bark from owned land. Labordia tinifolia var. collect seeds (L. Mehrhoff, in litt., 1994). some native plants, and their predation wahiawaensis and Viola kauaensis var. Many of the proposed plants occur in of plants in the bellflower and African wahiawaensis are found exclusively on recreational areas used for hiking, violet families, which have fleshy stems private land. At least 1 population of camping, and hunting. Tourism is a and fruits, has been confirmed (Cuddihy each of the other 17 taxa occurs on State growing industry in Hawaii, and as and Stone 1990; Tomich 1986; J. Lau, land. Fourteen of the proposed taxa more people seek recreational activities, pers. comm., 1994). Rat damage to the have one or more populations in State they are more likely to come into stems of species of Cyanea has been parks, NARs, or the Alakai Wilderness contact with rare native plants. People reported in the Makaleha Mountains, Preserve, which have rules and can transport or introduce alien plants Waioli Valley, and at the base of Mount regulations for the protection of through seeds on their footwear, and Waialeale, and poses a threat to the resources (DLNR 1981b; HRS, sects. they can cause erosion, trample plants, populations of Cyanea recta and Cyanea 183D–4, 184–5, 195–5, and 195–8). and start fires (Corn et al. 1979). remyi that occur there (HPCC 1991a1; However, the regulations are difficult to Alsinidendron lychnoides and Labordia Lorence and Flynn 1993a; L. Mehrhoff, enforce because of limited personnel. tinifolia var. wahiawaensis have in litt., 1994; S. Perlman, pers. comm., One or more populations of each of populations near trails and are 1994). It is probable that rats eat the the 19 proposed taxa is located on land considered to be immediately fruits of related species such as classified within conservation districts threatened by recreational use of the Cyrtandra cyaneoides and Delissea and owned by the State of Hawaii or areas in which they occur (HHP 1994b1; rivularis (C. Russell, pers. comm., 1994). private companies or individuals. HPCC 1991e2, 1992a). Rats threaten the only known Regardless of the owner, lands in these C. Disease or predation. Browsing population of Pritchardia viscosa, two districts, among other purposes, are damage by goats has been verified for of three populations of Pritchardia regarded as necessary for the protection Cyanea recta and Cyanea remyi napaliensis, and one population of of endemic biological resources and the (Lorence and Flynn 1993b). Goats have Kokia kauaiensis by predation of their maintenance or enhancement of the directly destroyed individuals of flowers or fruit (HPCC 1990b1, 1990c2; conservation of natural resources (HRS, Schiedea stellarioides (S. Perlman, pers. S. Perlman and K. Wood, pers. comms., sect. 205–2). Some uses, such as comm., 1994). The remaining proposed 1994). maintaining animals for hunting, are species are not known to be unpalatable Little is known about the predation of based on policy decisions, while others, to goats or deer and, therefore, predation certain rare Hawaiian plants by slugs. such as preservation of endangered is a probable threat where those animals Indiscriminate predation by slugs on species, are mandated by State laws. have been reported, potentially affecting plant parts of Cyanea remyi has been Requests for amendments to district eight additional proposed taxa: observed by field botanists (L. Mehrhoff, boundaries or variances within existing Alsinidendron viscosum, in litt., 1994; S. Perlman, pers. comm., classifications can be made by Hibiscadelphus woodii, Kokia 1994). The effect of slugs on the decline government agencies and private kauaiensis, Myrsine linearifolia, of this and related species is unclear, landowners (HRS, sect. 205–4). Before Phyllostegia knudsenii, Pritchardia although slugs may pose a threat decisions about these requests are made, napaliensis, Schiedea membranacea, because they feed on the stems and eat the impact of the proposed and Schiedea stellarioides (HHP 1994J5, the fruit, reducing the vigor of the plants reclassification on ‘‘preservation or 1994j6; HPCC 1990b3, 1990c2, 1991f5, and limiting regeneration. maintenance of important natural 1991h, 1993a1, 1993f, 1993i, 1993j; Japanese white-eye (Zosterops systems or habitat’’ (HRS, sects. 205–4, Wood and Perlman 1993a; J. Lau, D. japonicus) was introduced to the island 205–17) as well as the maintenance of 49372 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules natural resources is required to be taken the Act for any person to remove, cut, Ageratina adenophora (Maui into account (HRS, sects. 205–2, 205–4). dig up, damage, or destroy any such pamakani), naturalized in dry areas to Before any proposed land use that will plant in knowing violation of State law wet forest on Kauai and also classifed as occur on State land, is funded in part or or regulation or in the course of any a noxious weed by the Federal whole by county or State funds, or will violation of a State criminal trespass government (7 CFR 360), threatens the occur within land classified as law. Kalalau Valley population of Schiedea conservation district, an environmental E. Other natural or manmand factors membranacea (Wood and Perlman assessment is required to determine affecting its continued existence. The 1993a). Ageratina riparia Hamakua whether or not the environment will be small numbers of populations and pamakani), naturalized in disturbed, dry significantly affected (HRS, chapt. 343). invididuals of most of these taxa to mesic areas and wet forests on Kauai, If it is found that an action will have a increase the potential for extinction is a threat to the same population of significant effect, preparation of a full from naturally occuring events. The Schiedea membranacea (Wood and Environmental Impact Statement is limited gene pool may depress Perlman 1993a). Belchnum occidentale required. Hawaii environmental policy, reproductive vigor, or a single human- (blechnum fern), probably accidentally and thus approval of land use, is caused or natural environmental introduced from tropical America, has required by law to safeguard ‘‘* * * the disturbance could destroy a significant naturalized in mesic forests on most of State’s unique natural environmental percentage of the individuals or the only the main Hawaiian Islands (Degener characteristics * * *’’ (HRS, sect. 344– known extant population. Seven of the 1932; J. Lau, pers. comm., 1994). 3(1)) and includes guidelines to ‘‘protect proposed taxa, Delissea rivularis, Blechnum fern poses a threat to the endangered species of individual plants Hibiscadelphus woodii, Laboridia Waioli Valley population of Cyanea and animals * * *’’ (HRS, sect. 344– tinifolia var. wahiawaensis. Phyllostegia recta (Lorence and Flynn 1993a; T. 4(3)(A)). Federal listing, because it knudsenii, Pritchardia viscosa, Flynn, pers. comm., 1994). Schiedea helleri, and Schiedea automatically invokes State listing, Classified as a noxious weed by the stellarioides, are known only from a would also implement these other State State of Hawaii, Clidemia hirta (Koster’s single population. Nine other proposed regulations protecting the plans. curse) is an aggressive shrub found in State laws relating to the conservation taxa are known from only two to five mesic to wet forests on at least five of biological resources allow for the populations (See Table 1). Eleven of the islands in Hawaii (Almeda 1990, DOA acquisition of land as well as the proposed taxa are estimated to number 1981). It is a threat to the Waioli Valley development and implementation of no more than 100 known individuals programs concerning the conservation (See Table 1). Four of these taxa, populations of Cyanea recta and the of biological resources (HRS, sect. Alsinidendron lychnoides, Limahuli Valley population of Hibiscus 195D–5(a)). The State also may enter Hibiscadelphus, woodii, Phyllostegia waimeae ssp. hannerae (HHP 1992, into agreements with Federal agencies knudsenii, and Pritchardia viscosa, 1994i1; HPCC 1991d; Lorence and to administer and manage any area number fewer than 10 individuals. Flynn 1993a, 1993b; J. Lau and K. required for the conservation, One or more species of almost 30 Wood, pers. comms., 1994). Cordyline management, enhancement, or introduced plants directly threaten all fruticosa (ti) is a shrub brought to protection of endangered species (HRS, 19 of the proposed taxa. The original Hawaii by the Polynesian immigrants. sect. 195D–5(c)). If listing were to occur, native flora of Hawaii consisted of about Its original range is unknown, but in funds for these activities could be made 1,000 species, 89 percent of which were Hawaii it is now naturalized on all the available under section 6 of the Act endemic. Of the total native and main islands except Kahoolawe in (State Cooperative Agreements). The naturalized Hawaiian flora of 1,817 Pandanus tectorius (hala) forest and Hawaii DLNR is mandated to initiate species, 47 percent were introduced mesic valleys and forests, sometimes changes in conservation district from other parts of the world and nearly forming dense stands (Wagner et al. boundaries to include ‘‘the habitat of 100 species have become pests (Smith 1990; J. Lau, pers. comm., 1994). The rare native species of flora and fauna 1985, Wagner et al. 1990). Naturalized, Hoolulu Valley population of within the conservation district’’ (HRS, introduced species compete with native Pritchardia napaliensis may compete for sect. 195D–5.1). Twelve of the proposed plants for space, light, water, and space with ti (HHP 1994m1). taxa are threatened by seven plants nutrients (Cuddihy and Stone 1990). Crassocephalum crepidioides, an considered by the State of Hawaii to be Some of these species were brought to annual herb native to tropical Africa, is noxious weeds. The State has provisions Hawaii by various groups of people, naturalized in dry areas to wet forest on and funding available for eradication including the Polynesian immigrants, Kauai and four other islands. This weed and control of noxious weeds on State for food or cultural reasons. Plantation has been considered a pest in Hawaii and private land in conservation owners, alarmed at the reduction of since 1966, and is a threat to the Waioli districts and other areas (HRS, chapt. water resources for their crops caused Valley population of Cyanea recta 152; Hawaii Department of Agriculture by the destruction of native forest cover (Haselwood and Motter 1983; Lorence (DOA) 1981, 1991). by grazing feral animals, supported the and Flynn 1993a; K. Wood, pers. Despite the existence of various State introduction of a alien tree species for comm., 1994). Deparia petersenii is a laws and regulations that protect reforestation. Ranchers intentionally perennial fern capable of forming a Hawaii’s native plants, their introduced pasture grasses and other thick groundcover (J. Lau, pers. comm., enforcement is difficult due to limited species for agriculture, and sometimes 1994). The Makaleha Mountains funding and personnel. Listing of these inadvertently introduced weed seeds as populations of Cyanea recta and 19 plant taxa would trigger State listing well. Other plants were brought to Cyrtandra cyaneoides compete for space under Hawaii’s Endangered Species Act Hawaii for their potential horiticultural with this fern (Lorence and Flynn and supplement the protection available value (Cuddihy and Stone 1990, Scott et 1993b). Drymaria cordata (pipili), a under other State laws. The Federal al. 1996, Wenkam 1969). pantropical annual herb, is naturalized Endangered Species Act would offer Two subshrubs in the genus Ageratina in shaded, moist sites on Kauai and four additional protection to these 19 taxa. gave naturalized in the Hawaiian other islands (Wagner et al. 1990). Pipili For example, for species listed as Islands and are classified as noxious threatens the Makaleha Mountains endangered, it would be a violation of weeds by the State (DOA 1981). population of Cyrtandra cyaneoides and Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49373 the only known population of Alsinidendron viscosum, Cyanea recta, population of Schiedea membrancea Phyllosteqia knudsenii (HPCC 1993j, Hibiscus waimeae ssp. hannerae, Kokia (HPCC 1991f3, 1991f4, 1992c; Lorence Lorence and Flynn 1993b). kauaiensis, Myrsine linearifolia, the and Flynn 1991, 1993b; Smith 1995; M. Erechtites valerianifolia (fireweed) is only known population of Phyllostegia Bruegmann, in litt., 1994; T. Flynn and an annual herb native from Mexico to knudsenii, Pritchardia napaliensis, and S. Perlman, pers. comms., 1994). Brazil and Argentina. It is naturalized Schiedea membranacea (HHP 1990a, Common guava invades disturbed sites, on all of the main Hawaiian Islands 1994i3, 1994j1, 1994j3 to 1994j6, forming dense thickets in dry, mesic, except Niihau and Kahoolawe, and is 1994m2, HPCC 1990a, 1990b1, 1990c2, and wet forests (Smith 1985, Wagner et found in disturbed, relative wet areas. 1991d, 1993a1, 1993j; Lorence and al. 1990). Common guava threatens the This weed threatens the Makaleha Flynn 1993b; S. Perlman and K. Wood, Honolulu Valley population of Mountains and Waioli Valley pers. comms., 1994). Melastoma Pritchardia napaliensis (HHP 1994m1, populations of Cyanea recta, the candidum is a member of a genus in HPCC 1990c2). Pterolepis glomerata, an Makaleha Mountains and Wahiawa which all species have been classified as herb or subshrub locally naturalized in Mountains populations of Cyanea noxious weeds by the State of Hawaii mesic to wet disturbed sites on Kauai, remyi, and the Makaleha Mountains (DOA 1992). This species is naturalized Oahu, and Hawaii, threatens the populations of Cyrtandra cyaneoides in mesic to wet areas on Cyanea recta, Wahiawa Bog population of Viola and Phyllostegia wawrana (HPCC Cyanea remyi, Phyllostegia wawrana kauaensis var. wahiawaensis (Lorence 1993k2; Lorence and Flynn 1991. 1993a, (Almeda 1990, HPCC 1993k2, Lorence and Flynn 1991; K. Wood. pers. comm., 1993b; Wagner et al. 1990; K. Wood, and Flynn 1993b). 1994). pers. comm., 1994). Brought to Hawaii Passiflora mollissima (banana poka), a Rubus argutus (prickly Florida as a cultivated herbaceous plant, woody vine, poses a serious problem to blackberry), an aggressive alien species Erigeron Karvinskianus (daisy fleabane) mesic forests on Kauai and Hawaii by in disturbed mesic to wet forests and is naturalized in wetter areas of Kauai covering trees, reducing the amount of subalpine grasslands on Kauai and three and three other islands (Wagner et al. light that reaches trees as well as other islands, is considered a noxious 1990). An invasion of daisy fleabane on understory, and causing damage and weed by the State of Hawaii (DOA 1981, the Kalalau cliffs threatens Schiedea death to trees by the weight of the vines. Smith 1985, Wagner et al. 1990). Prickly membranacea, Myrsine linearifolia, and Animals, especially feral pigs, eat the Florida blackberry threatens the only the only population of Hibiscadelphus fruit and distribute the seeds (Cuddihy known populations of Schiedea helleri, woodii. Daisy fleabane also threatens the and Stone 1990, Escobar 1990). Banana Schiedea stellarioides, and Delissea Alealau population of Pritchardia poka is classified as a noxious weed by rivularis, the Alakai Wilderness and napaliensis and the Honopu Valley the State (DOA 1992) and threatens the Keanapuka populations of population of Phyllostegia wawrana Nualolo population of Schiedea Alsinidendron lychnoides, the Waialae- (HPCC 1990d1, 1991c, 1993f, 1993k1; membranacea and the Honopu Valley Nawaimaka population of Lorence and Wagner 1995; K. Wood, population of Phyllostegia wawrana Alsinidendron viscosum, the Koaie pers. comm., 1994). (HPCC 1993k1: K. Wood, pers. comm., Stream, and Pohakuao populations of Juncus planifolius is a perennial herb 1994). Passiflora liqularis (sweet Myrsine linearifolia, the Honopu Valley native to South America, New Zealand, granadilla) was first collected in Hawaii population of Phyllostegia wawrana, and Australia and is naturalized in in 1909, and has since spread to mesic and the Nualolo population of Schiedea open, disturbed, moist areas in forest and wet areas of Kauai, Oahu, Lanai, membranacea (HHP 1994b4; HPCC edges and bogs (Wagner et al. 1990). and Hawaii (Escobar 1990). This taxon 1992a, 1993a1, 1993a2, 1993g, 1993i, Found on Kauai and four other islands, threatends Kokia kauaiensis (M. 1993k1; J. Lau. S. Perlman, K. Wood, Juncus planifolius threatens the Bruegmann, in litt., 1994). pers. comms., 1994). Rubus rosifolius population of Viola kauaensis var. Two small tree species, Psidium (thimbleberry), native to Asia, is wahiawaensis in the Wahiawa Bog cattleianum (strawberry guava) and naturalized in disturbed mesic to wet (Lorence and Flynn 1991; K. Wood, Psidium quajava (common guava), were forest on all of the main Hawaiian pers. comm., 1994). Kalanchoe pinnata brought to Hawaii and have become Islands. This shrub threatens the three (air plant) is an herb which occurs on widely naturalized on all the main largest populations of Cyanea recta in all the main islands except Niihau and islands, forming dense stands in Wainiha Valley, Makaleha Mountains, Kaholawe, especially in dry to mesic disturbed areas. Strawberry guava, and Waioli Valley; the Wahiawa areas (Wagner et al. 1990). The Paaiki found in mesic and wet forests, Mountains an Waioli Valley populations Valley and Kuia populations of Kokia develops into stands in which few other of Cyanea remyi; the Makaleha kauaiensis, the only known population plants grow, physically displacing Mountains population of Cyrtandra of Phyllostegia knudsenii, the Pohakuao natural vegetation and greatly affecting cyaneoides, the Limahuli Valley population of Myrsine linearifolia, and Hawaiian plants, many of which are population of Hibiscus waimeae ssp. the Alealau and Hollulu Valley narrowly endemic taxa. Pigs depend on hannerae; the Mahanaloa-Kuia Valley populations of Pritchardia napaliensis strawberry guava for food and, in turn, junction population of Kokia are threatened by competition with air disperse the plant’s seeds through the kauaiensis; the Limahul-Hanakapiai plant (HPCC 1991g, 1993j; M. forests (Smith 1985, Wagner et al. 1990). Ridge population of Myrsine linearifolia; Bruegmann, in litt., 1994; K. Wood, Strawberry guava is considered to be the the Makaleha Mountains population of pers. comm., 1994). greatest weed problem in Hawaiian rain Schiedea membranacea (HHP 1992, Lantana camara (lantana), brought to forests and is known to pose a direct 1994i1, 1994j3, HPCC 1990d2, 1991d, Hawaii as an ornamental plant, is an threat to all remaining plants of 1991f2, 1992c, 1993c2, 1993k2; Lorence aggressive, thicket-forming shrub which Pritchardia viscosa, the Wahiawa and Flynn 1991, 1993a, 1993b; S. can now be found on all of the main Mountains populations of Cyanea remyi Perlman and K. Wood, pers. comms., islands in mesic forests, dry shrublands, and Labordia tinifolia var. 1994). and other dry, disturbed habitats wahiawaensis, the Paaiki population of Triumfetta semitriloba (Sacramento (Wagner et al. 1990). One or more Kokia kauaiensis, the Wahiawa bur) is a subshrub now found on four populations of each of the following Drainage population of Myrsine Hawaiian Islands and considered to be species are threatened by lantana: linearifolia, and the Mahanaloa-Kuia a noxious weed by the State of Hawaii 49374 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules

(DOA 1981, Wagner et al. 1990). population of Schiedea membranacea these 17 taxa are in danger of extinction Sacramento bur threatens the Koaie (HPCC 1990d2, 1991c, 1993c1, 1993j; throughout all or a significant portion of Stream population of Kokia kauaiensis Lorence and Flynn 1993a, 1993b; their ranges, they fit the definition of (HPCC 1990b3). Youngia japonica Lorence and Wagner 1995; L. Mehrhoff, endangered as defined in the Act. (Oriental hawksbeard) is an annual herb in litt., 1994; J. Lau and K. Wood, pers. Although populations of Cyanea recta native to southeast Asia and now is a comms., 1994). This process is often and Myrsine linearifolia are threatened common weed in disturbed moist and exacerbated by human disturbance and by predation (by rats and/or goats), shaded sites, as well as intact wet land use practices (See Factor A). habitat modification by pigs and goats, forests, on most of the main Hawaiian In September 1992, Hurricane ’Iniki and competition with alien plant Islands (Wagner et al. 1990). The Waioli struck the Hawaiian Islands and caused species, the larger distribution of Valley population of Cyanea recta is extensive damage, especially on the populations, presence of population threatened by this weed (Lorence and island of Kauai. Many forest trees were regeneration, and total numbers of Flynn 1993a). destroyed, opening the canopy and thus plants reduce the likelihood that these Several hundred species of grasses allowing the invasion of light-loving species will become extinct in the near have been introduced to the Hawaiian alien plants, which are a threat to the future. For these reasons, Cyanea recta Islands, many for animal forage. Of the continued existence of many of the and Myrsine linearifolia are not now in approximately 100 grass species that proposed taxa. Over three-fourths of all immediate danger of extinction have become naturalized, 3 species known Labordia tinifolia var. throughout all or a significant portion of threaten 8 of the 19 proposed plant taxa. wahiawaensis plants were destroyed as their ranges. However, both species are Melinis minutiflora (molasses grass), a a result of the hurricane-force winds likely to become endangered in the perennial grass brought to Hawaii for and substrate subsidence caused by the foreseeable future if the threats affecting cattle fodder, is now naturalized in dry hurricane (S. Perlman, pers. comm., these species are not curbed. As a result to mesic, disturbed areas on most of the 1994). One plant of Alsinidendron Cyanea recta and Myrsine linearifolia main Hawaiian Islands. The mats it lychoides and half of one population of are proposed to be listed as threatened forms smother other plants and fuel Hibiscus waimeae ssp. hannerae were species. more intense fires than would normally destroyed by the hurricane (M. Critical habitat is not being proposed affect an area (Cuddihy and Stone 1990, Bruegmann, in litt., 1994). Damage by for the 19 taxa included in this rule, for O’Connor 1990, Smith 1985). The future hurricanes could further decrease reasons discussed in the ‘‘Critical largest populations of Alsinidendron the already reduced numbers and Habitat’’ section of this proposal. viscosum and Schiedea stellarioides, in reduced habitat of most of the 19 Critical Habitat Waialae-Nawaimaka Valley, are proposed taxa. threatened by molasses grass (HPCC The Service has carefully assessed the Critical habitat is defined in section 3 1993a1, 1993a2, 1993i). The perennial best scientific and commercial of the Act as: (i) the specific areas grass Paspalum conjugatum (Hilo grass), information available regarding the past, within the geographical area occupied naturalized in moist to wet, disturbed present, and future threats faced by by a species, at the time it is listed in areas on most Hawaiian Islands, these species in determining to propose accordance with the Act, on which are produces a dense ground cover, even on this rule. Based on this evaluation, the found those physical or biological poor soil), and threatens the Makaleha preferred action is to propose listing 17 features (I) essential to the conservation Mountains population of Cyanea recta, of these plant taxa as endangered of the species and (II) that may require Cyanea remyi, Cyrtandra cyaneoides, (Alsinidendron lychnoides, special management consideration or the only know population of Alsinidendron viscosum, Cyanea remyi, protection and; (ii) specific areas Phyllostegia knudsenii, and the Cyrtandra cyaneoides, Delissea outside the geographical area occupied Powerline Road population of rivularis, Hibiscadelphus woodii, by a species at the time it is listed, upon Pritchardia viscosa (HHP 1992; HPCC Hibiscus waimeae ssp. hannerae, Kokia a determination that such areas are 1993j; Lorence and Flynn 1993b; J. Lau kauaiensis, Labordia tinifolia var. essential for the conservation of the and S. Perlman, pers. comms., 1994). wahiawaensis, Phyllostegia knudsenii, species. ‘‘Conservation’’ means the use Sacciolepis indica (Glenwood grass), Phyllostegia wawrana. Pritchardia of all methods and procedures needed and annual or perennial grass napaliensis, Pritchardia viscosa, to bring the species to the point at naturalized on five islands in Hawaii in Schiedea helleri, Schiedea which listing under the Act is no longer open, wet areas, threatens the Waioli membranacea, Schiedea stellarioides, necessary. Valley and Makaleha Mountains and Viola kauaensis var. wahiawaensis) Section 4(a)(3) of the Act, as populations of Cyanea recta (HHP 1992; and 2 taxa as threatened (Cyanea recta amended, and implementing regulations Lorence and Flynn 1993a, 1993b; J. Lau and Myrsine linearifolia). Sixteen of the (50 CFR 424.12) require that, to the and K. Wood, pers. comm., 1994). taxa proposed for listing either number maximum extent prudent and Erosion, landslides, and rock slides no more than about 100 individuals or determinable, the Secretary propose due to natural weathering result in the are known from 5 or fewer populations. critical habitat at the time a species is death of individual plants as well as The 17 taxa proposed as endangered are proposed to be endangered or habitat destruction. This especially threatened by one or more of the threatened. The Service finds that affects the continued existence of taxa following: habitat degradation and/or designation of critical habitat is not or populations with limited numbers predation by feral pigs, feral goats, rats, presently prudent for these 19 taxa. and/or narrow ranges, such as: the two and deer; competition from alien plants; Service regulations (50 CFR largest populations of Cyanea recta, the substrate loss; human impacts; and lack 424.12(a)(1)) state that designation of Makaleha Mountains and upper Waioli of legal protection or difficulty in critical habitat is not prudent when one Valley populations of Cyrtandra enforcing laws that are already in effect. or both of the following situations cyaneoides, each of which has only one Small population size and limited exist—(1) The species is threatened by individual, the only populations of distribution make these species taking or other human activity, and Delissea rivularis and Phyllostegia particularly vulnerable to extinction identification of critical habitat can be knudsenii, the only population of and/or reduced reproductive vigor from expected to increase the degree of threat Hibiscadelphus woodii, and the largest naturally occurring events. Because to the species, or (2) such designation of Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49375 critical habitat would not be beneficial destroy or adversely modify its critical Service, Ecological Services, Permits to the species. As discussed under habitat. If a Federal action may affect a Branch, 911 N.E. 11th Avenue, Portland, Factor B, these taxa are threatened by listed species or its critical habitat, the Oregon 97232–4181 (telephone: 503/ overcollection, due to low population responsible Federal agency must enter 231–6241; facsimile: 503/231–6243). size. The publication of precise maps into consultation with the Service. None Public Comments Solicited and descriptions of critical habitat in of the 19 proposed taxa occur on the Federal Register and local Federal lands and no known Federal The Service intends that any final newspapers as required in a proposal for activities occur within the present action resulting from this proposal will critical habitat would increase the known habitat of these 19 plant taxa. be as accurate and as effective as degree of threat to these plants from take The Act and its implementing possible. Therefore, comments or or vandalism and, therefore, could regulations set forth a series of general suggestions from the public, other contribute to their decline and increase prohibitions and exceptions that apply concerned governmental agencies, the enforcement problems. The listing of to all endangered and threatened plants. scientific community, industry, or any these taxa as endangered publicizes the With respect to the 19 plant taxa in this other interested party concerning this rarity or the plants and, thus, can also rule, the prohibitions of section 9(a)(2) proposed rule are hereby solicited. make these plants attractive to curiosity of the Act, implemented by 50 CFR Comments particularly are sought seekers or collectors of rare plants. 17.61, apply. These prohibitions, in concerning: All involved parties and the major part, make it illegal for any person (1) biological, commercial trade, or landowners have been notified of the subject to the jurisdiction of the United other relevant data concerning any location and importance of protecting States to import or export any listed threat (or lack thereof) to these 19 taxa; the habitat of these taxa. Protection of plant species; transport such species in (2) the location of any additional the habitats of these plants will be interstate or foreign commerce in the populations of these taxa and the addressed through the recovery process course of a commercial activity; sell or reasons why any habitat should or and through the section 7 consultation offer for sale in interstate or foreign should not be determined to be critical process as necessary. At present, the commerce; or to remove and reduce to habitat as provided by section 4 of the Service is not aware of any Federal possession any such species from areas Act; activity within the currently known under Federal jurisdiction. In addition, (3) additional information concerning habitats of these plants. it is illegal to maliciously damage or the range, distribution, and population destroy any endangered plant from areas size of these taxa; and Available Conservation Measures under Federal jurisdiction; or remove, (4) current or planned activities in the Conservation measures provided to cut, dig up, damage, or destroy any range of these taxa and their possible plant taxa listed as endangered or endangered species on any other area in impacts on these taxa. threatened under the Act include knowing violation of any State law or The final decision on this proposal recognition, recovery actions, regulation or in the course of any will take into consideration the requirements for Federal protection, and violation of a State criminal trespass comments and any additional prohibitions against certain activities. law. Section 4(d) of the Act allows for information received by the Service, and Recognition through listing results in the provision of such protection to such communications may lead to a public awareness and conservation threatened species through regulation. final regulation that differs from this actions by Federal, State, and local This protection may apply to these taxa proposal. agencies, private organizations, and in the future if regulations are The Act provides for one or more individuals. The Act provides for promulgated. Seeds from cultivated public hearings on this proposal, if possible land acquisition and specimens of threatened plants are requested. Requests must be received cooperation with the State and requires exempt from these prohibitions within 45 days of the date of publication that recovery plans be developed for provided that their containers are of the proposal in the Federal Register. listed species. The requirements for marked ‘‘Of Cultivated Origin.’’ Certain Such requests must be made in writing Federal agencies and the prohibitions exceptions to the prohibitions apply to and be addressed to the Pacific Islands against certain activities involving listed agents of the Service and State Ecoregion Manager (See ADDRESSES plants are discussed, in part, below. conservation agencies. section). Section 7(a) of the Act, as amended, The Act and 50 CFR 17.62, 17.63, and requires Federal agencies to evaluate 17.72 also provide for the issuance of National Environmental Policy Act their actions with respect to any species permits to carry out otherwise The Fish and Wildlife Service has that is proposed or listed as endangered prohibited activities involving listed determined that Environmental or threatened and with respect to its plant species under certain Assessments and Environmental Impact critical habitat, if any is being circumstances. Such permits are Statements, as defined under the designated. Regulations implementing available for scientific purposes and to authority of the National Environmental this interagency cooperation provision enhance the propagation or survival of Policy Act of 1969, need not be of the Act are codified at 50 CFR part the species. For threatened plants, prepared in connection with regulations 402. Section 7(a)(4) of the Act requires permits are also available for botanical adopted pursuant to section 4(a) of the Federal agencies to confer with the or horticultural exhibition, educational Endangered Species Act of 1973, as Service on any action that is likely to purposes, or special purposes consistent amended. A notice outlining the jeopardize the continued existence of a with the purposes of the Act. It is Service’s reasons for this determination species proposed for listing or result in anticipated that few trade permits was published in the Federal Register destruction or adverse modification of would be sought or issued for most of on October 25, 1983 (48 FR 49244). proposed critical habitat. If a species is the taxa, because they are not in listed subsequently, section 7(a)(2) cultivation or common in the wild. References Cited requires Federal agencies to ensure that Requests for copies of the regulations A complete list of all references cited activities they authorize, fund, or carry concerning listed plants and inquiries herein is available upon request from out are not likely to jeopardize the regarding prohibitions and permits may the Pacific Islands Ecoregion Office. continued existence of the species or to be addressed to the Fish and Wildlife (See ADDRESSES section). 49376 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules

Author Proposed Regulation Promulgation Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– The author of this proposed rule is Accordingly, the Service hereby 625, 100 Stat. 3500; unless otherwise noted. Marie M. Bruegmann, Pacific Islands proposes to amend part 17, subchapter 2. Section 17.12(h) is amended by Ecoregion Office. (See ADDRESSES B of chapter I, title 50 of the Code of adding the following, in alphabetical section). Federal Regulations, as set forth below: order under FLOWERING PLANTS, to List of Subjects in 50 CFR Part 17 the List of endangered and Threatened PART 17Ð[AMENDED] Plants to read as follows: Endangered and threatened species, Exports, Imports, Reporting and 1. The authority citation for part 17 § 17.12 Endangered and threatened plants. recordkeeping requirements, and continues to read as follows: * * * * * Transportation. (h) * * *

Species Historic range Family Status When listed Critical habi- Special Scientific name Common name tat rules

FLOWERING PLANTS

******* Alsinidendron Kuawawaenohu ...... U.S.A. (HI) ...... CaryophyllaceaeÐ E NA NA lychnoides. Pink.

******* Alsinidendron None ...... U.S.A. (HI) ...... CaryophyllaceaeÐ E NA NA viscosum. Pink.

******* Cyanea recta ...... Haha ...... U.S.A. (HI) ...... CampanulaceaeÐ T NA NA Bellflower.

******* Cyanae remyi ...... Haha ...... U.S.A. (HI) ...... CampanulaceaeÐ E NA NA Bellflower.

******* Cyrtandra Mapele ...... U.S.A. (HI) ...... GesneriaceaeÐAfri- E NA NA cyaneoides. can violet.

******* Delissea rivularis ..... Oha ...... U.S.A. (HI) ...... CampanulaceaeÐ E NA NA Bellflower.

******* Hibiscadelphus Hau kuahiwi ...... U.S.A. (HI) ...... MalvaceaeÐMallow E NA NA woodii.

******* Hibiscus waimeae Koki'o ke' oke' o ..... U.S.A. (HI) ...... MalvaceaeÐMallow E NA NA ssp. hannerae.

******* Kokia kauaiensis ...... koki'o ...... U.S.A. (HI) ...... MalvaceaeÐMallow E NA NA

******* Labordia tinifolia var. Kamakahala ...... U.S.A. (HI) ...... LoganiaceaeÐ E NA NA wahiawaensis. Logania.

******* Myrsine linearifolia ... Kolea ...... U.S.A. (HI) ...... MyrsinaceaeÐ T NA NA Myrsine.

******* Phyllostegia None ...... U.S.A. (HI) ...... LamiaceaeÐMint .... E NA NA knudsenii.

******* Phyllostegia None ...... U.S.A. (HI) ...... LamiaceaÐMint ...... E NA NA wawrana.

******* Pritchardia Loulu ...... U.S.A. (HI) ...... ArecaceaeÐPalm ... E NA NA napaliensis. Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49377

Species Historic range Family Status When listed Critical habi- Special Scientific name Common name tat rules

******* Pritchardia viscosa .. Loulu ...... U.S.A. (HI) ...... ArecaceaeÐPalm ... E NA NA

******* Schiedea helleri ...... None ...... U.S.A. (HI) ...... CaryophyllaceaeÐ E NA NA Pink.

******* Schiedea None ...... U.S.A. (HI) ...... CaryophyllaceaeÐ E NA NA membranacea. Pink.

******* Viola kauaensis var. Nani wai'ale'ale ...... U.S.A. (HI) ...... ViolaceaeÐViolet ... E NA ...... wahiawaensis.

*******

Dated: September 6, 1995. development and recreational activities; (kiponapona), Phyllostegia velutina John G. Rogers, habitat loss and damage to plants from (NCN), Phyllostegia warshaueri (NCN), Acting Director, Fish and Wildlife Service. fires; predation by animals (cattle, pigs, Pleomele hawaiiensis (hala pepe), [FR Doc. 95–23637 Filed 9–22–95; 8:45 am] goats, sheep, insects, and rats); and Pritchardia schattaueri (loulu), Sicyos BILLING CODE 4310±55±M natural disasters such as volcanic alba (’anunu), and Zanthoxylum activity. Due to the small number of dipetalum var. tomentosum (a’e) all are existing individuals and their very endemic to the island of Hawaii, 50 CFR Part 17 narrow distributions, these 13 taxa and Hawaiian Islands. their populations are subject to an The island of Hawaii is the RIN 1018±AD25 increased likelihood of extinction and/ southernmost, easternmost, and Endangered and Threatened Wildlife or reduced reproductive vigor from youngest of the eight major Hawaiian and Plants; Proposed Endangered natural disasters. This proposal, if made Islands. This largest island of the Status for Thirteen Plants From the final, would implement the Federal Hawaiian archipelago is comprised of Island of Hawaii, State of Hawaii protection provisions provided by the 10,458 square kilometers (sq km) (4,038 Act for listed plants. Listing under the sq miles (mi)), or two-thirds of the land AGENCY: Fish and Wildlife Service, Act would also trigger listed status for area of the State of Hawaii, giving rise Interior. these 13 taxa under State law. to its common name, the ‘‘Big Island.’’ ACTION: Proposed rule. DATES: Comments from all interested The Hawaiian Islands are volcanic parties must be received by November islands formed over a ‘‘hot spot,’’ a fixed SUMMARY: The U.S. Fish and Wildlife 24, 1995. Public hearing requests must area of pressurized molten rock deep Service (Service) determines be received by November 9, 1995. within the Earth. As the Pacific Plate, a endangered status pursuant to the section of the Earth’s surface many ADDRESSES: Comments and materials Endangered Species Act of 1973, as miles thick, has moved to the northwest, concerning this proposal should be sent amended (Act), for 13 plants: the islands of the chain have separated. to Robert P. Smith, Manager, Pacific Clermontia drepanomorpha (’oha wai), Currently, this hot spot is centered Islands Ecoregion, U.S. Fish and Cyanea platyphylla (haha), under the southeast part of the island of Wildlife Service, 300 Ala Moana Hibiscadelphus giffardianus (hau Hawaii, which is one of the most active Boulevard, Room 6307, P.O. Box 50167, kuahiwi), Hibiscadelphus hualalaiensis volcanic areas on Earth. Five large Honolulu, Hawaii 96850. Comments (hau kuahiwi), Melicope zahlbruckneri shield volcanoes make up the island of and materials received will be available (alani), Neraudia ovata (no common Hawaii: Mauna Kea at 4,205 meters (m) for public inspection, by appointment, name (NCN)), Phyllostegia racemosa (13,796 feet (ft)) and Kohala at 1,670 m during normal business hours at the (kiponapona), Phyllostegia velutina (5,480 ft), both extinct; Hualalai, at above address. (NCN), Phyllostegia warshaueri (NCN), 2,521 m (8,271 ft), which is dormant Pleomele hawaiiensis (hala pepe), FOR FURTHER INFORMATION CONTACT: and will probably erupt again; and Pritchardia schattaueri (loulu), Sicyos Robert P. Smith, Manager, Pacific Mauna Loa at 4,169 m (13,677 ft) and alba (’anunu), and Zanthoxylum Islands Ecoregion (see ADDRESSES Kilauea at 1,248 m (4,093 ft), both of dipetalum var. tomentosum (a’e). All 13 section) (telephone: 808/541–2749; which are currently active and adding taxa are endemic to the island of facsimile: 808/541–2756). land area to the island. Compared to Hawaii, Hawaiian Islands. The 13 plant SUPPLEMENTARY INFORMATION: Kauai, which is the oldest of the main taxa and their habitats have been islands and was formed about 5.6 variously affected or are currently Background million years ago, Hawaii is very young, threatened by one or more of the Clermontia drepanomorpha (’oha with fresh lava and land up to 0.5 following—competition for space, light, wai), Cyanea platyphylla (haha), million years old (Cuddihy and Stone water, and nutrients by naturalized, Hibiscadelphus giffardianus (hau 1990, Culliney 1988, Department of introduced vegetation; habitat kuahiwi), Hibiscadelphus hualalaiensis Geography 1983, Macdonald et al. degradation by wild, feral, or domestic (hau kuahiwi), Melicope zahlbruckneri 1983). animals (cattle, pigs, goats, and sheep); (alani), Neraudia ovata (no common Because of the large size and range of agricultural and residential name (NCN)), Phyllostegia racemosa elevation of the island, Hawaii has a 49378 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules great diversity of climates. Windward are owned or managed by the Federal alligata, Melicope clusiifolia (alani), (northeastern) slopes of Mauna Loa have government (including a U.S. Fish and Styphelia tameiameiae (pukiawe), rainfall up to 300 centimeters (cm) (118 Wildlife Service refuge and a National Astelia menziesii (pa’iniu), Rubus inches (in)) per year in some areas. The Park). hawaiiensis (’akala), Cyanea pilosa leeward coast, shielded by the (haha), and Coprosma sp. (pilo) (HHP Discussion of the 13 Taxa Included in mountains from rain brought by trade 1993a1, HPCC 1993a). This Proposed Rule winds, has areas classified as desert that The major threats to Clermontia receive as little as 20 cm (7.9 in) of rain Joseph F. Rock (1913) named drepanomorpha are ditch annually. The summits of Mauna Loa Clermontia drepanomorpha on the basis improvements, competition from alien and Mauna Kea experience snowfall of specimens collected in the Kohala plant taxa such as Rubus rosifolius each year, and Mauna Kea was glaciated Mountains of the island of Hawaii in the (thimbleberry), habitat disturbance by during the last Ice Age (Culliney 1988, early 1900s. This taxonomy has been feral pigs (Sus scrofa), girdling of the Department of Geography 1983, upheld in the latest treatment of the stems by rats (Rattus spp.), and a risk of Macdonald et al. 1983, Wagner et al. genus (Lammers 1990). extinction from naturally occurring 1990). Clermontia drepanomorpha, of the events (such as hurricanes) and/or Plant communities on Hawaii include bellflower family (Campanulaceae), is a reduced reproductive vigor due to the those in various stages of primary terrestrial or epiphytic (not rooted in the small number of existing populations succession on the slopes of active and soil), branching tree 2.5 to 7 m (8.2 to and individuals (Bruegmann 1990, dormant volcanoes, ones in stages of 23 ft) tall. The stalked leaves are 10 to Center for Plant Conservation (CPC) secondary succession following 27 cm (4 to 11 in) long and 1.5 to 4.5 1990, HHP 1993a1, HPCC 1993a). disturbance, and relatively stable climax cm (0.6 to 1.8 in) wide. Two to four Asa Gray (1861) named Delissea communities. On Hawaii, vegetation is flowers, each with a stalk 2 to 3.5 cm platyphylla from a specimen collected found in all classifications—coastal, (0.8 to 1.4 in) long, are positioned at the by Horace Mann and W.T. Brigham in dryland, montane, subalpine, and end of a main flower stalk 5 to 12 cm the Puna District of the island of alpine; dry, mesic, and wet; and (2 to 5 in) long. The calyx (fused sepals) Hawaii. Wilhelm Hillebrand (1888) herblands, grasslands, shrublands, and corolla (fused petals) are similar in transferred the species to Cyanea, forests, and mixed communities. The size and appearance, and each forms a creating Cyanea platyphylla. Harold St. vegetation and land of the island of slightly curved, five-lobed tube 4 to 5.5 John (1987a, St. John and Takeuchi Hawaii have undergone much change cm (1.6 to 2.2 in) long and 1.5 to 2 cm 1987), believing there to be no generic through the island’s history. Since it is (0.6 to 0.8 in) wide which is blackish distinction between Cyanea and an area of active volcanism, vegetated purple. The berries are orange and 2 to Delissea, transferred the species back to areas are periodically replaced with bare 3 cm (0.8 to 1.2 in) in diameter. This the genus Delissea, the older of the two lava. Polynesian immigrants, first species is distinguished from others in generic names. The current treatment of settling on Hawaii by 750 A.D., made this endemic Hawaiian genus by similar the family (Lammers 1990), however, extensive alterations to lowland areas sepals and petals, the long drooping maintains the separation of the two for agriculture and habitation. European inflorescence, and large blackish purple genera. The following taxa have been contact with Hawaii brought intentional flowers (Lammers 1990, Rock 1919). synonymized with Cyanea platyphylla: and inadvertent introductions of alien Historically, Clermontia C. bryanii, C. crispohirta, C. fernaldii, C. plant and animal taxa. In 1960, 65 drepanomorpha was known from four nolimetangere, C. pulchra, and C. percent of the total land area of the populations in the Kohala Mountains on rollandioides. island of Hawaii was used for grazing, the island of Hawaii (Hawaii Heritage However, some field biologists feel and much land has also been converted Program (HHP) 1993a1 to 1993a4, Rock that C. fernaldii, represented by the to modern cropland (Cuddihy and Stone 1913, Skottsberg 1944, Stemmermann Laupahoehoe populations, is a distinct 1990, Gagne and Cuddihy 1990). and Jacobson 1987). Two populations of entity that should be resurrected as a The 13 taxa included in this rule the species are known to be extant, on separate species (Frederick Warshauer, occur between 120 and 1,850 m (400 State-owned land in Forest Reserve and USFWS, pers. comm., 1994). and 6,080 ft) in elevation in various Puu o Umi Natural Area Reserve (NAR), Cyanea platyphylla, of the bellflower portions of the island of Hawaii. Most with both populations bordering private family, is an unbranched palm-like of the proposed taxa exist as remnant ranch lands. The two known shrub 1 to 3 m (3 to 10 ft) tall with stems plants persisting in grazed areas or in populations near Eke and along the that are covered with short, sharp, pale higher elevations which have only Hamakua Ditch Trail are about 5.5 km spines on the upper portions, especially recently been heavily invaded by alien (3.4 mi) apart. Thirteen to 20 as juveniles. This species has different plant and animal taxa. The proposed individuals are known to exist (Corn leaves in the juvenile and adult plants. taxa grow in a variety of vegetation 1983; HHP 1993a1, 1993a4; Hawaii The juvenile leaves are 10.5 to 25 cm communities (pioneer lava, shrublands, Plant Conservation Center (HPCC) (4.1 to 10 in) long and 4 to 7.5 cm (1.6 and forests), elevational zones (lowland 1993a; Marie M. Bruegmann, U.S. Fish to 3.0 in) wide, with prickles on leaves and montane) and moisture regimes and Wildlife Service (USFWS), in litt., and stalks. Adult leaves are 34 to 87 cm (dry, mesic, and wet). In lowland 1994; Carolyn Corn, Hawaii Division of (13 to 34 in) long and 7 to 22 cm (2.8 habitats, the proposed taxa are found in Forestry and Wildlife (DOFAW), in litt., to 8.7 in) wide, and are only sparsely pioneer lava, shrubland, dry forest, 1994). prickled. Six to 25 flowers are clustered mesic forest, and wet forest. In montane This species typically grows in on the end of a main stalk 20 to 90 cm habitats, the proposed taxa are found in Metrosideros polymorpha (’ohi’a) and (8 to 35 in) long, and each flower has dry forest, mesic forest, and wet forest. Cibotium glaucum (tree fern) dominated a stalk 1 to 2.5 cm (0.4 to 1 in) long. The The lands on which these 13 plant Montane Wet Forests, often hypanthium is topped by five small, taxa are found are owned by various epiphytically, at elevations between triangular calyx lobes. Petals, which are private parties, the State of Hawaii 1,170 and 1,570 m (3,850 and 5,150 ft) white or yellowish white with magenta (including conservation district lands, (Corn 1983; HHP 1993a1, 1993a4; HPCC stripes, are fused into a curved tube forest reserves, natural area reserves, 1993a). Associated taxa include with five spreading lobes. The corolla is and plant and wildlife sanctuaries), or Cheirodendron trigynum (’olapa), Carex 4.2 to 5.4 cm (1.7 to 2.1 in) long and 5 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49379 to 10 millimeters (mm) (0.2 to 0.4 in) Hibiscadelphus as a new genus, Coprosma sp. (pilo), Pipturus albidus wide. Berries are pale orange, 8 to 10 meaning ‘‘brother of Hibiscus’’ (Bryan (mamaki), Psychotria sp. (kopiko), mm (0.3 to 0.4 in) long, and 6 to 8 mm 1971). This taxonomy has been upheld Nestegis sandwicensis (olopua), (0.2 to 0.3 in) wide. The species differs in the latest treatment of the genus Melicope sp. (alani), Dodonaea viscosa from others in this endemic Hawaiian (Bates 1990). (’a’ali’i), Myoporum sandwicense (naio), genus by its juvenile and adult leaves, Hibiscadelphus giffardianus, of the and introduced grasses (HHP 1991b; precocious flowering, and smaller mallow family (Malvaceae), is a tree up HPCC 1991b1, 1991b2). flowers (Lammers 1990). to 7 m (23 ft) tall with the trunk up to The major threats to Hibiscadelphus Cyanea platyphylla was historically 30 cm (12 in) in diameter and whitish giffardianus are bark, flower, and fruit known from the Kohala Mountains, bark. The leaf blades are heart-shaped feeding by roof rats (Rattus rattus); leaf Laupahoehoe in the Hamakua District, and 10 to 30 cm (4 to 12 in) long with damage in the form of stippling and in the mountains above Hilo, Pahoa, a broad tip, a notched base, and stalks yellowing by Sophonia rufofascia (two- Glenwood, Honaunau in South Kona, nearly as long as the blades. Flowers are spotted leafhopper) and yellowing by and the unknown location typically solitary in the axils of the the native plant bug Hyalopeplus ‘‘Kalanilehua’’ (HHP 1991a1 to 1991a4, leaves and have stalks 1.5 to 4 cm (0.6 pellucidus; competition from the alien 1991a7, 1991a8, 1991a11, 1991a12, to 1.6 in) long. Five to seven filament- grasses Ehrharta stipoides (meadow 1993b; Rock 1917, 1919, 1957; like bracts are borne below each flower ricegrass), Paspalum conjugatum (Hilo Skottsberg 1926; Wimmer 1943 and and the calyx is pouch-like. The grass), and Paspalum dilatatum (Dallis 1968). Only five mature individuals and overlapping petals form a curved grass); habitat change from volcanic two juveniles are known to still exist in bisymmetrical flower with the upper activity; and a risk of extinction from one population in Laupahoehoe NAR petals longer, typical of bird-pollinated naturally occurring events and/or (CPC 1989, 1990; Cuddihy et al. 1982; flowers. The flowers are grayish green reduced reproductive vigor due to the HHP 1991a6; HPCC 1991a; C. Corn, in on the outside and dark magenta within, small number of existing cultivated litt., 1994), which is owned and and 5 to 7 cm (2 to 3 in) long. The fruit individuals, all from a single parent managed by the State of Hawaii. Two is woody with star-shaped hairs. This (Baker and Allen 1978; M. Bruegmann, additional populations in Laupahoehoe species differs from others in this in litt., 1994; L. Pratt, pers. comm., NAR have not been seen since 1982 and endemic Hawaiian genus by its flower 1994). Cattle (Bos taurus) were known could not be relocated in 1989, and a color, flower size, and filamentous in the area before it became a National third population near the Saddle Road, bracts (Baker and Allen 1976b, Bates Park and probably had a large influence last seen in 1977, has also probably been 1990, Degener 1932a, Degener and on the habitat (Anonymous 1920, Rock extirpated. The only remaining Degener 1977, Radlkofer and Rock 1913, St. John 1981). population of this species has been 1911). Rock (Radlkofer and Rock 1911) fenced by the NAR System to protect it Only one tree of Hibiscadelphus named Hibiscadelphus hualalaiensis from pig depredation (Cuddihy et al. giffardianus has ever been known in the after Hualalai, the volcano on which the 1982; HHP 1991a5, 1991a9, 1991a10; wild, from Kipuka Puaulu (or Bird Park) plant was found in 1909 (Rock 1913). Linda Pratt, Hawaii Volcanoes National in HVNP. This tree died in 1930, but This taxonomy has been upheld in the Park (HVNP), pers. comms., 1991 and plants exist in cultivation from seeds latest treatment of the genus (Bates 1994). originally collected by Giffard before the 1990). Cyanea platyphylla is typically found tree died (Degener 1932a). Cuttings from Hibiscadelphus hualalaiensis, of the in Metrosideros polymorpha (’ohi’a)— these cultivated trees have been planted mallow family, is a tree 5 to 7 m (16 to Acacia koa (koa) Lowland and Montane back into the now fenced original 23 ft) tall with the trunk up to 30 cm Wet Forests at elevations between 120 habitat at Kipuka Puaulu and currently (12 in) in diameter and whitish bark. and 915 m (390 and 3,000 ft) (Lammers nine mature plants and two suckers are The leaf blades are heart-shaped and 10 1990). Associated taxa include Cibotium known to exist (Baker and Allen 1977; to 15 cm (4 to 6 in) long with a broad sp. (tree fern), Athyrium Bishop and Herbst 1973; HHP 1991b; tip, a notched base, stellate hairs, and sandwichianum (ho’i’o), Antidesma sp. HPCC 1991b1, 1991b2; M. Bruegmann, stalks 4 to 10 cm (1.5 to 4 in) long. One (hame), Clermontia spp. (’oha wai), in litt., 1994). Individuals planted in or two flowers are borne in the axils of Hedyotis sp. (pilo), and Cyrtandra spp. Kipuka Ki were later determined to be the leaves and have stalks 1.5 to 14 cm (ha’iwale) (HHP 1991a6, HPCC 1991a). hybrids and were removed by Park (0.6 to 5.5 in) long. Five toothlike bracts The major known threats to Cyanea personnel (Baker and Allen 1977, are borne below each flower and the platyphylla are pigs; habitat-modifying Mueller-Dombois and Lamoureux 1967). calyx is tubular or pouch-like. The introduced plant taxa, including The cultivated plants in Kipuka Puaulu overlapping petals form a curved Psidium cattleianum (strawberry guava), have spontaneously produced fertile bisymmetrical flower with longer upper Psidium guajava (guava), Passiflora hybrids with cultivated plants of petals, typical of bird-pollinated ligularis (sweet granadilla), and Hibiscadelphus hualalaiensis that were flowers. The flowers are greenish yellow thimbleberry; and rats, which may eat also planted into Kipuka Puaulu and on the outside and yellowish green, the fruit (Cuddihy et al. 1982; HHP Kipuka Ki. Both the Hibiscadelphus fading to purplish within, and 2 to 5.5 1991a6, 1991a9; HPCC 1991a; M. hualalaiensis and the hybrids have been cm (0.8 to 2.2 in) long. The fruit is Bruegmann, in litt., 1994; L. Pratt, pers. removed from the Park (Baker and Allen woody and the seeds have a dense comm., 1994). Another threat is the risk 1976a, 1977; Carr and Baker 1977). covering of hairs. The species differs of extinction from naturally occurring Hibiscadelphus giffardianus has been from others in this endemic Hawaiian events and/or reduced reproductive listed as endangered in the IUCN Plant genus by its flower color, smaller flower vigor due to the single known Red Data Book (Lucas and Synge 1978). size, and toothlike bracts (Baker and population of few individuals. This taxon grows in mixed Montane Allen 1976b, Bates 1990, Degener Rock (Radlkofer and Rock 1911) Mesic Forest at elevations between 1932b, Radlkofer and Rock 1911). named Hibiscadelphus giffardianus to 1,200 and 1,310 m (3,900 and 4,300 ft) Hibiscadelphus hualalaiensis was honor W.M. Giffard, who first saw the (Bates 1990; HHP 1991b; HPCC 1991b1, historically known from three taxon in 1911. This species was used as 1991b2). Associated taxa include ’ohi’a, populations, located in the Puu Waawaa the type specimen to describe koa, Sapindus saponaria (a’e), ho’i’o, region of Hualalai, on the island of 49380 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules

Hawaii (HHP 1993c1 to 1993c3; HPCC of two to five flowers have main Beaupre´ named Neraudia ovata from an 1990a, 1991c, 1992a). The last known flowering stalks 15 to 20 cm (5.9 to 7.9 additional specimen, and this has been wild tree was in Puu Waawaa I Plant in) long and each flower has a stalk maintained in the current taxonomic Sanctuary, owned and managed by the about 0.4 cm (0.2 in) long. Female treatment for the species. H.A. Weddell Department of Land and Natural flowers consist of four sepals about 1.5 considered this taxon a variety of Resources, State of Hawaii. This tree mm (0.05 in) long, four petals about 3 Neraudia melastomifolia, but this has died in 1992, but 12 cultivated trees mm (0.1 in) long, an eight-lobed nectary not been upheld by other taxonomists. have been planted within the fenced disk, eight reduced and nonfunctional S.L. Endlicher and E.G. Steudel placed sanctuary (HHP 1993c2; M. Bruegmann, stamens, and a hairless four-celled this species in the genus Boehmeria, but in litt., 1994; Joel Lau, HHP, in litt., ovary. Male flowers consist of four the current taxonomic treatment 1991). In addition, approximately ten sepals 3.5 mm (0.01 in) long, four petals maintains Neraudia as an endemic cultivated plants can be found near the about 6 mm (0.2 in) long, and eight Hawaiian genus. Harold St. John named State’s Kokia Sanctuary in Kaupulehu functional stamens in two whorls equal a new species, Neraudia cookii, from a (HPCC 1990a; Steven Bergfeld, DOFAW, to or longer than the petals. The fruit is collection by David Nelson on Cook’s pers. comm., 1994). Cultivated squarish, 12 to 14 mm (0.4 to 0.5 in) 1779 voyage to Hawaii (St. John 1976). individuals were planted in Kipuka long, and up to 30 mm (1.2 in) wide. That specimen is considered to be Puaulu in HVNP, but were removed to Melicope zahlbruckneri is distinguished Neraudia ovata in the current prevent further hybridization with the from other species of the genus by its taxonomic treatment (Cowan 1949, Hibiscadelphus giffardianus plants that branching habit, large leaves, and very Wagner et al. 1990). are native to the kipuka (Baker and large, squarish capsules (Rock 1913, Neraudia ovata, of the nettle family Allen 1977, 1978). Stone 1969, Stone et al. 1990). (Urticaceae), is a sprawling or rarely This species grows in mixed Dry to Historically, Melicope zahlbruckneri erect shrub with stems 1 to 3 m (3 to 10 Mesic Forest remnants on lava fields, at was known only from the island of ft) long, and branches bearing short, elevations between 915 and 1,020 m Hawaii near Glenwood, in Kipuka somewhat erect hairs. The alternate, (3,000 and 3,350 ft) (Bates 1990; HHP Puaulu, and at Moaula in Kau (Degener thin, stalked leaves are smooth- 1993c3; HPCC 1991c, 1992a). 1930, HHP 1991c1 to 1991c3, HPCC margined, grayish on the undersurface, Associated taxa include ’ohi’a, 1991d, Rock 1913, Stone 1969, Stone et 5 to 14 cm (2 to 5.5 in) long and 2 to Diospyros sandwicensis (lama), Sophora al. 1990). Today, the species is known 6.5 cm (0.8 to 2.6 in) wide, and have chrysophylla (mamane), naio, Pouteria to be extant only in Kipuka Puaulu, on spreading, curved, nearly translucent sandwicensis (’ala’a), Charpentiera sp. land owned by HVNP, with 30 to 35 hairs. Male and female flowers are (papala), Nothocestrum sp. (’aiea), individuals remaining (HHP 1991c2; found on separate plants. Male flowers Claoxylon sandwicense (po’ola), and HPCC 1991d; L. Pratt, pers. comm., have extremely short stalks and a Pennisetum clandestinum (Kikuyu 1994). The species is reproducing at this densely hairy calyx. Female flowers grass) (HHP 1993c3; HPCC 1991c, fenced site, and juvenile plants are have no stalks and a densely hairy, boat- 1992a; J. Lau, in litt., 1991). present (L. Pratt, pers. comm., 1994). shaped calyx. The fruit is an achene (a The major threats to Hibiscadelphus This species is found in koa- and ’ohi’a- dry one-seeded fruit that does not open hualalaiensis are fire; cattle, pigs, and dominated Montane Mesic Forest at at maturity). This species is sheep (Ovis aries) that may get through elevations between 1,195 and 1,300 m distinguished from others in this the fence; flower and seed feeding by (3,920 and 4,265 ft) (HHP 1991c2, HPCC endemic Hawaiian genus by the density, roof rats; competition from alien plants 1991d, Stone et al. 1990). Associated length, and posture of the hairs on the such as Kikuyu grass and Lantana taxa include pilo, a’e, mamaki, kopiko, lower leaf surface; smooth leaf margin; camara (lantana); ranching activities; olopua, naio, Pisonia sp. (papala), and the boat-shaped calyx of the female habitat change from volcanic activity; several species of Melicope (alani), flower (Cowan 1949, Wagner et al. and a risk of extinction from naturally ho’i’o, ’a’ali’i, and the introduced 1990). occurring events and/or reduced grasses, meadow ricegrass, Hilo grass, Historically, Neraudia ovata was reproductive vigor due to the small and Dallis grass (HHP 1991c2; HPCC found on the island of Hawaii on the number of known cultivated individuals 1991d; M. Bruegmann, in litt., 1994; L. Kona coast from North Kona and Kau from a single parent (Anonymous 1920; Pratt, pers. comm., 1994). (Cowan 1949; HHP 1991d1 to 1991d3, Baker and Allen 1978; HHP 1993c3; The major threats to Melicope 1993d1 to 1993d7; Hillebrand 1888; St. HPCC 1991c, 1992a; M. Bruegmann, in zahlbruckneri are the two-spotted John 1976 and 1981; Skottsberg 1944). litt., 1994). leafhopper; competition from the Only one extant population of two Based on a specimen he collected in introduced grasses meadow ricegrass, individuals is known from privately 1911 in Kipuka Puaulu, on the island of Hilo grass, and Dallis grass; habitat owned land in Kaloko, North Kona Hawaii, Rock (1913) described Pelea change due to volcanic activity; (Nishida 1993; Warshauer and Gerrish zahlbruckneri, in honor of Dr. A. potential fruit damage by rats; and a risk 1993; M. Bruegmann, in litt., 1994). An Zahlbruckner, director of the Botanical of extinction from naturally occurring additional population at Kipuka Museum in Vienna. Pelea has since events and/or reduced reproductive Kalawamauna, on the boundary of the been submerged into Melicope, creating vigor due to the small number of U.S. Army’s Pohakuloa Training Area, the combination Melicope zahlbruckneri individuals in the one remaining was last seen in 1980 and is assumed to (Stone et al. 1990). population (HPCC 1991d; M. be extirpated (HHP 1993d4, 1993d5). Melicope zahlbruckneri, of the citrus Bruegmann, in litt., 1994; L. Pratt, pers. Neraudia ovata grows in open ’ohi’a- family (Rutaceae), is a medium-sized comm., 1994). and mamane-dominated Lowland and tree 10 to 12 m (33 to 40 ft) tall. New Neraudia pyrifolia was named by Montane Dry Forests at elevations of growth is covered with yellowish Charles Gaudichaud-Beaupre´ from 115 m (380 ft) at Kaloko and 1,325 and brown, fine, short, curly hairs. The material he collected in the early 1800s 1,460 m (4,350 to 4,800 ft) at Kipuka opposite, stalked, elliptically oblong on the island of Hawaii (Cowan 1949). Kalawamauna (HHP 1993d4, 1993d5; leaves are 6 to 24 cm (2.4 to 9.5 in) long This name was determined to be Nishida 1993; M. Bruegmann, in litt., and 4 to 12.5 cm (1.6 to 4.9 in) wide, invalidly published, lacking an 1994). Associated taxa include with well defined lateral veins. Clusters adequate description. Gaudichaud- Reynoldsia sandwicensis (’ohe), naio, Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49381

Cocculus triloba (huehue), and Schinus and Kipuka Ahiu areas of Mauna Loa upward-pointing hairs, and has terebinthifolius (Christmas berry), as (Clarke et al. 1983; HHP 1990a1, triangular lobes. The white corolla is well as the federally endangered 1991a2, 1991e1 to 1991e4; Pratt and densely covered with upward-pointing Nothocestrum breviflorum (ai’ae), Cuddihy 1990; Sherff 1935, 1951; Jack hairs and is two-lipped, with a slightly proposed endangered Pleomele Jeffrey, USFWS, in litt., 1993; Jaan curved tube about 12 mm (0.4 in) long, hawaiiensis (hala pepe), and other Lepson, University of Hawaii (UH), in upper lip 5 to 7 mm (0.2 to 0.3 in) long, species of concern, including Capparis litt., 1990). Today, three populations of and lower lip 4 to 5 mm (0.1 to 0.2 in) sandwichiana (pua pilo), Fimbristylis the species are known to occur on long. Fruits are divided into four nutlets hawaiiensis, and Bidens micrantha ssp. private and State lands in the Kulani/ about 4 to 5 mm (0.1 to 0.2 in) long. ctenophylla (ko’oko’olau) (Nishida Keauhou area and on Federal land This species is distinguished from 1993; Warshauer and Gerrish 1993; M. managed as the Hakalau National others in this genus by its silky hairs, Bruegmann, in litt., 1994). Wildlife Refuge. Together, these three lack of a main stalk to the flower The major threats to Neraudia ovata populations comprise 25 to 45 clusters, and calyx teeth that are narrow are competition from alien plants such individuals (HHP 1991e1, 1991e4; and sharply pointed (Sherff 1935, as Christmas berry, Leucaena HPCC 1991d; J. Jeffrey, in litt., 1993; J. Wagner et al. 1990). leucocephala (koa haole), and Lepson, in litt., 1993; J. Jeffrey, pers. Historically, Phyllostegia velutina Pennisetum setaceum (fountain grass); comm., 1994). occurred on the island of Hawaii on the habitat change due to volcanic activity; Phyllostegia racemosa is typically southern slopes of Hualalai and the residential development; insects such as found epiphytically in disturbed koa-, eastern, western, and southern slopes of spiralling whitefly (Aleurodicus ’ohi’a-, and tree fern-dominated Mauna Loa (Clarke et al. 1983, HHP dispersus); and a risk of extinction from Montane Mesic or Wet Forests at 1991f1 to 1991f4, Sherff 1935, Wagner et naturally occurring events and/or elevations between 1,400 and 1,850 m al. 1990). Two extant populations are reduced reproductive vigor due to the (4,650 to 6,070 ft) (Clarke et al. 1983; known to occur at Puu Waawaa on a small number of existing individuals in HHP 1991e1, 1991e4; HPCC 1991e; State-owned wildlife sanctuary and at the one remaining population (Nishida Wagner et al. 1990; J. Jeffrey, in litt., Kulani/Keauhou on a State-owned 1993; M. Bruegmann, in litt., 1994). 1993). Associated taxa include correctional facility and adjacent From a specimen collected by James Vaccinium calycinum (ohelo), Rubus privately owned land (Clarke et al. Macrae on Mauna Kea, on the island of hawaiiensis (akala), and Dryopteris 1983; HHP 1991f1; HPCC 1990b, 1991f, Hawaii, Bentham named Phyllostegia wallichiana. 1992b; M. Bruegmann, in litt., 1994; Jon racemosa in 1830 (Sherff 1935). The The major threats to Phyllostegia Giffin, DOFAW, pers. comm., 1994). current treatment of the genus includes racemosa are habitat disturbance by Approximately 25 to 50 plants are E.E. Sherff’s (1935) Phyllostegia feral pigs and cattle; logging; known from these two populations racemosa var. bryanii with Phyllostegia competition from alien plant taxa such (HHP 1991f1; HPCC 1990b, 1991f, mannii, rather than with this species as Passiflora mollissima (banana poka), 1992b; M. Bruegmann, in litt., 1994). A (Wagner et al. 1990). Kikuyu grass, Anthoxanthum odoratum third population has been reported from Phyllostegia racemosa, of the mint (sweet vernalgrass), and Paspalum the general area of Waiea Tract in South family (Lamiaceae), is a climbing vine urvillei (Vasey grass); habitat change Kona, but the exact location and current with many-branched, square stems and due to volcanic activity; and a risk of status of this population are unknown spicy-smelling leaves. Leaves are extinction from naturally occurring (HHP 1991f2). opposite, moderately covered with events and/or reduced reproductive Phyllostegia velutina typically grows short, soft hairs, dotted with small vigor due to the small number of in ’ohi’a- and koa-dominated Montane glands, 3.4 to 6 cm (1.3 to 2.4 in) long, existing populations and individuals Mesic and Wet Forests at elevations and 1.4 to 4.3 cm (0.6 to 1.7 in) wide, (Clarke et al. 1983; HHP 1991e1, between 1,490 and 1,800 m (4,900 and with shallow, rounded teeth. The leaf 1991e4; HPCC 1991e; Pratt and Cuddihy 6,000 ft) (Clarke et al. 1983; HHP stalks are densely covered with short 1990). 1991f1; HPCC 1990b, 1991f, 1992b; hairs. Flower clusters, densely covered Based on a specimen collected on Wagner et al. 1990). Associated taxa with short soft hairs, are comprised of Mauna Kea by the U.S. Exploring include tree ferns, Cheirodendron 6 to 12 flowers with individual flower Expedition in 1840, Sherff described a trigynum (’olapa), ’ohelo, pilo, stalks 1 to 3 mm (0.04 to 0.12 in) long new variety of Phyllostegia Dryopteris wallichiana, akala, mamaki, and leaflike bracts. The green bell- macrophylla, variety velutina, named ho’i’o, Myrsine sp. (kolea), and Ilex shaped calyx is about 3.5 to 5 mm (0.1 for its velvety leaves and stems (Sherff anomala (kawa’u). to 0.2 in) long, covered with glands, and 1935). St. John (1987b) determined that Threats to Phyllostegia velutina are has triangular lobes. The white corolla this entity was sufficiently different to habitat damage by cattle, feral pigs and is two-lipped, with a tube about 7 to 10 constitute a separate species, sheep; prison facility expansion, road mm (0.3 to 0.4 in) long, upper lip 2 to Phyllostegia velutina, which has been clearing, and logging; competition from 2.5 mm (0.08 to 0.1) long, and lower lip maintained in the current treatment of alien plants such as Kikuyu grass, 4 to 5 mm (0.16 to 0.2 in) long. Fruits the genus (Wagner et al. 1990). Rubus ellipticus (yellow Himalayan are divided into four nutlets about 1.5 Phyllostegia velutina, of the mint raspberry), Vasey grass, and fountain to 2 mm (0.06 to 0.08 in) long. This family, is a climbing vine with dense, grass; fire; habitat change due to species is distinguished from others in backward-pointing hairs on the leaves volcanic activity; and a risk of this genus by its leaf shape, lack of a and square stems. The hairs are silky on extinction from naturally occurring main stalk to the flower clusters, and the opposite, narrow, toothed leaves, events and/or reduced reproductive calyx teeth that are rounded and which are 9.2 to 17.5 cm (3.6 to 6.9 in) vigor due to the small number of shallow (Hillebrand 1888, Sherff 1935, long and 2.5 to 5 cm (1 to 2 in) wide. existing populations and individuals Wagner et al. 1990). Six to 10 flowers are borne in an (HHP 1991f1; HPCC 1990b, 1991f, Historically, Phyllostegia racemosa unbranched inflorescence with 1992b; M. Bruegmann, in litt., 1994). was found only on the island of Hawaii conspicuous leaflike bracts. The green Phyllostegia ambigua var. longipes in the Hakalau and Saddle Road areas bell-shaped calyx is 6 to 7 mm (0.2 to was first collected by J.M. Lydgate and of Mauna Kea and the Kulani/Keauhou 0.3 in) long, densely covered with named by Hillebrand (1888). The type 49382 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules locality was suggested to be ‘‘probably (haha), and other species of Cyanea Tunison et al. 1991; M. Bruegmann, in East Maui’’ (Hillebrand 1888), but this is (HPCC 1992c). litt., 1994; Samuel Gon III, HHP, in litt., assumed to be in error, since Rock’s The major threats to Phyllostegia 1992; J. Lau, in litts., 1990 and 1993; L. field notes indicate that he and Lydgate warshaueri are habitat destruction by Pratt, in litt., 1994; Clyde Imada, Bishop were in the Kohala Mountains at the pigs; competition from alien plant taxa Museum, pers. comm., 1994). The only time of that collection (Cuddihy 1982, such as thimbleberry, strawberry guava, populations that are successfully Wagner et al. 1990). E.E. Sherff did not Setaria palmifolia (palmgrass), Juncus reproducing are at Kaloko and Holei consider Phyllostegia ambigua different planifolius, and Tibouchina herbacea Pali (M. Bruegmann, in litt., 1994). from Phyllostegia brevidens, and created (glorybush); ditch improvements; and a Pleomele hawaiiensis typically grows the combination Phyllostegia brevidens risk of extinction from naturally on open aa lava in diverse Lowland Dry var. longipes (Sherff 1935). Based on occurring events and/or reduced Forests at elevations between 300 and newly collected material, St. John reproductive vigor due to the small 800 m (1,000 and 2,700 ft) (HHP considered this variety sufficiently number of existing individuals in the 1991h1, 1991h2, 1991h4, 1991h5, different to warrant designation as the one remaining population (HPCC 1992c; 1993f3, 1993f4; HPCC 1991g, 1992d, species Phyllostegia warshaueri (St. M. Bruegmann, in litt., 1994). 1993b; Wagner et al. 1990; S. Gon, in John 1987b). The current treatment has Otto and Isabelle Degener named litt., 1992; J. Lau, in litts., 1990 and maintained this species (Wagner et al. Pleomele hawaiiensis from a specimen 1993). Associated taxa include ’ohi’a, 1990). collected in 1977, which was first lama, mamane, Sydrax odoratum Phyllostegia warshaueri, of the mint validly published in 1980 (Degener and (alahe’e), huehue, naio, olopua, family, is either a sprawling or climbing Degener 1980). Some experts considered Nototrichium sandwicense (kulu’i), Sida vine with end branches turning up, this genus to be part of the larger genus fallax (’ilima), Erythrina sandwicensis Dracaena, but this combination has not covered with upward-pointing fine, (wiliwili), Santalum sp. (’iliahi), been upheld. St. John (1985) short hairs on the square stems which Osteomeles anthyllidifolia (’ulei), and distinguished two separate species, are about 1 to 3 m (3.3 to 10 ft) long. fountain grass as a dominant ground Pleomele haupukehuensis and P. The opposite, nearly hairless, toothed cover, as well as three federally konaensis, which the current treatment leaves are 9.5 to 20 cm (3.7 to 7.9 in) endangered species (Caesalpinia includes in Pleomele hawaiiensis long and 2 to 6.6 cm (0.8 to 2.6 in) wide. kavaiensis (uhiuhi), Colubrina (Wagner et al. 1990). Six to 14 flowers are borne in an oppositifolia (kauila), and Nothocestrum Pleomele hawaiiensis, of the agave breviflorum (ai’ae)), proposed unbranched inflorescence up to 20 cm family (Agavaceae), is a branching tree, endangered Neraudia ovata, and other (7.9 in) long with a main stalk 25 to 40 5 to 6 m (16 to 20 ft) tall, with leaves species of concern, including Capparis mm (1.0 to 1.6 in) long and conspicuous spirally clustered at the tips of branches sandwichiana (pua pilo) and Bidens leaflike bracts. The green, hairless, cone- and leaving large brown leaf scars as micrantha ssp. ctenophylla shaped calyx is 6 to 8 mm (0.2 to 0.3 they fall off. The leaves measure 23 to (ko’oko’olau) (Char 1987; HHP 1991h2, in) long and has triangular lobes. The 38 cm (9 to 15 in) long and 1.4 to 2.7 1991h4 to 1991h6; HPCC 1991g, 1992d, corolla is white with a dark rose upper cm (0.6 to 1 in) wide. Flowers are 1993b; M. Bruegmann, in litt., 1994; S. lip, sparsely hairy, and has a tube about numerous in terminal clusters with a Gon, in litt., 1992; J. Lau, in litts., 1990 18 to 20 mm (0.7 to 0.8 in) long, upper main stalk 6 to 13 cm (2 to 5 in) long and 1993). lip about 6 mm (0.2 in) long, and lower and individual flower stalks 5 to 12 mm The major threats to Pleomele lip 12 to 15 mm (0.5 to 0.6) long. Fruits (0.2 to 0.5 in) long. The three sepals and hawaiiensis are habitat conversion are divided into four nutlets about 6 to three petals of the flower are similar and associated with residential and 7 mm (0.2 to 0.3 in) long. This species pale yellow, 33 to 43 mm (1.3 to 1.7 in) recreational development; habitat is distinguished from others in this long, with a constricted base. The fruit destruction by cattle, pigs, sheep, and genus by its long main stalk to the is a red berry about 10 to 13 mm (0.4 goats (Capra hircus); fire (which flower clusters, toothed leaves, and the to 0.5 in) long. This species differs from destroyed a large portion of one Puu distribution of hairs (Sherff 1935, other Hawaiian species in this genus by Waawaa population in 1986); Wagner et al. 1990). its pale yellow flowers, the size of the competition from alien plant taxa such Historically, Phyllostegia warshaueri flowers, the length of the constricted as fountain grass, koa haole, Christmas was found only on the island of Hawaii, base of the flower, and the width of the berry, and lantana; habitat change due in the Hamakua region on the northern leaves (Degener and Degener 1930, St. to volcanic activity; and the lack of slopes of Mauna Kea and in the Kohala John 1985, Wagner et al. 1990). reproduction in all but two populations Mountains (Clarke et al. 1981; Cuddihy Historically, Pleomele hawaiiensis (Char 1987; HHP 1991h2, 1991h4, 1982; HHP 1991g1 to 1991g3, 1993e). was found only on the island of Hawaii 1991h5; HPCC 1991g, 1992d, 1993b; The only known individual occurs near ranging from Hualalai to Kau (Degener Nagata 1984; M. Bruegmann, in litt., the Hamakua Ditch Trail in the Kohala and Degener 1980; HHP 1991h1 to 1994; J. Lau, in litt., 1990; C. Imada, Mountains, on privately owned land 1991h8, 1993f1 to 1993f4; HPCC 1991g, pers. comm., 1994). (HPCC 1992c; M. Bruegmann, in litt., 1992d, 1993b; St. John 1985; Tunison et Donald Hodel (1985) described 1994). This species grows in ’ohi’a al. 1991; Wagner et al. 1990). Six to Pritchardia schattaueri based on a Montane Wet Forest in which koa or eight populations are currently known— specimen collected from plants olapa may codominate, at elevations one to three in the Puu Waawaa region discovered by George Schattauer in between 730 and 1,150 m (2,400 and of Hualalai on State-leased and private 1957 (M. Bruegmann, in litt., 1994). 3,770 ft) (Clarke et al. 1981; Cuddihy et land; two in the Kaloko/Kaloao area on Pritchardia schattaueri, of the palm al. 1982; HHP 1991g1, 1991g2; HPCC private land; two in the Kapua/Kahuku family (Arecaceae), is a large palm 30 to 1992c; Wagner et al. 1990). Associated area on private land; and one on Holei 40 m (100 to 130 ft) tall with a gray, taxa include Sadleria sp. (’amau), tree Pali within HVNP. These populations longitudinally grooved trunk 30 cm (12 ferns, Broussaisia arguta (kanawao), total 250 to 300 individuals (Char 1987; in) in diameter. Leaves form a spherical mamaki, Dubautia plantaginea HHP 1991h1, 1991h2, 1991h4, 1991h5, crown and are sometimes persistent (na’ena’e), ’oha wai, ho’i’o, Machaerina 1993f3, 1993f4; HPCC 1991g, 1992d, after death. Leaves are fan-shaped, angustifolia (’uki’uki), Cyanea pilosa 1993b; Nagata 1984; Nishida 1993; glossy green with small brown scales on Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49383 the lower surface, up to 3.6 m (11.8 ft) John 1978, Telford 1990). Ian Telford due to volcanic activity; and a risk of long and 1.7 m (5.6 ft) wide. Flowers are returned this entity to the genus Sicyos, extinction from naturally occurring on two- to four-branched inflorescences maintaining the species as Sicyos alba events and/or reduced reproductive with a main stalk 1.2 to 1.75 m (3.9 to (Telford 1989). vigor due to the small number of 5.7 ft) long and individual branches 1 to Sicyos alba, of the gourd family existing individuals (HHP 1991j1; HPCC 1.4 m (3.2 to 4.6 ft) long. The five bracts (Cucurbitaceae), is an annual vine up to 1991h, 1993c). are lance-shaped, the lowest one 60 cm 20 m (65 ft) long, minutely hairy, and Horace Mann described Zanthoxylum (2 ft) long, and the uppermost one 20 to black-spotted. Leaves are pale, broadly dipetalum in 1867, and Rock named a 30 cm (9 to 12 in) long. The calyx is heart-shaped, shallowly to deeply three- new variety Zanthoxylum dipetalum green, shading to yellow-green at the to five-lobed, 7 to 11 cm (2.8 to 4.3 in) var. tomentosum, based on a specimen tip, three-toothed, 6 mm (0.2 in) long, long, and 9 to 12 cm (3.5 to 4.7 in) wide. he collected at Puu Waawaa on and 4 mm (0.1 in) wide. Fruits are Male and female flowers are borne in Hualalai, on the island of Hawaii, in round or pear-shaped, black with brown separate flower clusters on the same 1909 (Rock 1913). The specific epithet spots when mature, 3 to 5 cm (1.2 to 2 plant. Male flower clusters have main refers to the dense covering of soft hairs in) long, and 3 to 4 cm (1.2 to 1.6 in) stalks 2.5 to 3.7 cm (1 to 1.5 in) long and on the undersurface of the leaflets. wide. This species differs from its individual flower stalks 2 to 4 mm (0.08 Some authors have placed Hawaiian closest relative, Pritchardia beccariana, to 0.1 in) long. The male flowers are taxa in the genus Fagara, resulting in F. by its slender inflorescence branches, white, five-lobed, dotted with glands, dipetala var. tomentosa (Stone et al. more deeply divided leaves, and and 2 to 2.5 mm (0.08 to 0.09 in) long. 1990). However, Zanthoxylum pendulous rather than stiff tips of the The female flower clusters have two to dipetalum var. tomentosum is leaf blade segments (Hodel 1985, Read eight flowers, a main stalk 1 to 3.5 cm maintained in the current treatment of and Hodel 1990). (0.4 to 1.4 in) long, and no stalks on the the Hawaiian species (Stone et al. 1990). Pritchardia schattaueri is known from individual flowers. The flowers are Zanthoxylum dipetalum var. 12 individuals in 3 locations in South white and four-lobed, with the lobes 1.7 tomentosum, of the citrus family, is a Kona on the island of Hawaii, on to 2 mm (0.07 to 0.08 in) long. The fruit thornless tree 4 to 15 m (13 to 49 ft) tall privately owned land. Ten individuals is white, fleshy, oblong, 29 to 32 mm with a trunk up to 30 cm (12 in) in are known from a forest partially cleared (1.1 to 1.3 in) long, and 10 to 11 mm diameter. It has alternate leaves for pasture in Hoomau. Two other (about 0.4 in) wide. This species can be comprised of three to seven leathery, individuals are found singly at the edge distinguished from its nearest relative, elliptical, gland-dotted, smooth-edged of a macadamia nut farm and in an area Sicyos cucumerinus, by its white fruit leaflets usually 6 to 36 cm (2.4 to 12 in) owned by a development company. Ten without bristles and ten or fewer female long and 2.5 to 13.5 cm (1 to 5.3 in) seedlings have been planted near the flowers per cluster (St. John 1978, wide. The undersurface of the leaflets is macadamia farm individual (HHP Telford 1990). densely covered with fine, short hairs, 1991i1 to 1991i3; HPCC 1992e1, 1992e2; Historically, Sicyos alba was found and the lowest pair of leaflets is often Hodel 1980, 1985; M. Bruegmann, in only on the island of Hawaii, from strongly reduced. The stalks of the side litt., 1994). Mauna Kea, Kilauea, and the Puu leaflets have one joint each, and the Pritchardia schattaueri grows in Makaala area (HHP 1991j1 to 1991j4, St. stalk of the terminal leaflet has two ’ohi’a-dominated Lowland Mesic Forest, John 1978). Today, the two known joints. Flowers are usually either male at elevations between 600 and 800 m populations are restricted to Puu or female, and usually only one sex is (1,970 to 2,600 ft) (HHP 1991i1 to Makaala NAR and Olaa Forest Reserve, found on a single tree. Clusters of 5 to 1991i3; HPCC 1992e1, 1992e2; Hodel both on Stated-owned land in the Puna 15 flowers, 9 to 18 mm (0.4 to 0.7 in) 1985; Read and Hodel 1990). Associated District (HHP 1991j1; HPCC 1991h, long, have a main flower stalk 10 to 40 taxa include ’ohi’a, olopua, papala, tree 1993c). The number of individuals mm (0.4 to 1.6 in) long and individual ferns, kolea, and Pittosporum sp. fluctuates from year to year because this flower stalks 3 to 8 mm (0.1 to 0.3 in) (ho’awa) (HHP 1991i2; HPCC 1992e1; species is an annual. At last report, only long. Each flower has four broadly M. Bruegmann, in litt., 1994). one individual was growing at Puu triangular sepals about 1 to 1.5 mm The major threats to Pritchardia Makaala NAR, but about 20 individuals (0.04 to 0.06 in) long and two or four schattaueri are grazing and trampling by are known from the Olaa population yellowish white petals, sometimes cattle and feral pigs; competition from (HPCC 1993c; M. Bruegmann, in litt., tinged with red, 6 to 10 mm (0.2 to 0.4 alien plant taxa such as strawberry 1994; Steve Perlman, National Tropical in) long. The fruit is an oval follicle (dry guava, common guava, Kikuyu grass, Botanical Garden, pers. comm., 1994). fruit that opens along one side) 15 to 33 Christmas berry, and thimbleberry; seed Sicyos alba typically grows in ’ohi’a- mm (0.6 to 1.3 in) long, containing one predation by rats; residential and and tree fern-dominated Montane Wet black seed about 10 to 26 mm (0.4 to 1 commercial development; habitat Forests, at elevations between 975 and in) long. This variety is distinguished change due to volcanic activity; and a 1,130 m (3,200 to 3,720 ft) (HHP 1991j1; from Zanthoxylum dipetalum var. risk of extinction from naturally HPCC 1991h, 1993c; Telford 1990). dipetalum by the hairs on the occurring events and/or reduced Associated taxa include tree ferns, undersurface of the leaflets. It is reproductive vigor due to the small kawa’u, kanawao, ha’iwale, Stenogyne distinguished from other Hawaiian number of existing populations and sp., kopiko, Perrottetia sandwicensis species of the genus by its reduced individuals and the lack of successful (olomea), olapa, ho’i’o, and Cyanea lower leaflets, the presence of only one regeneration (HHP 1991i1 to 1991i3; tritomantha (haha) (HHP 1991j1; HPCC joint on some of the leaflet stalks, and HPCC 1992e1, 1992e2; Hodel 1980, 1991h, 1993c; M. Bruegmann, in litt., the large seeds (Rock 1913, Stone et al. 1985; M. Bruegmann, in litt., 1994). 1994). 1990). First collected by the U.S. Exploring The major threats to Sicyos alba are Only one population of Zanthoxylum Expedition of 1840 and 1841, and habitat damage by feral pigs; trail dipetalum var. tomentosum has ever considered a new but unnamed variety clearing; competition from alien plant been known, located at Puu Waawaa on of Sicyos cucumerinus by Gray in 1854, taxa such as banana poka, palmgrass, Hualalai, on the island of Hawaii (HHP Sarx alba was named by St. John in strawberry guava, and yellow 1993g, Rock 1913, Stone et al. 1990). 1978, creating Sarx as a new genus (St. Himalayan raspberry; habitat change Approximately 24 individuals are now 49384 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules known, scattered through the area (HHP for approximately 1,700 vascular plant C. fernaldii were synonymized. The 1993g; HPCC 1991i, 1993d; M. species, including all of the above resulting taxon, Cyanea platyphylla, Bruegmann, in litt., 1994; J. Giffin, in species considered to be endangered. was thought to be more common than litt., 1992; J. Lau, in litt., 1992). The list of 1,700 plant taxa was previous records indicated. Current Zanthoxylum dipetalum var. assembled on the basis of comments and information indicates that removing this tomentosum grows in degraded ’ohi’a- data received by the Smithsonian taxon from consideration for listing was dominated Montane Mesic Forest, often Institution and the Service in response inappropriate. Melicope zahlbruckneri on aa lava, at elevations between 915 to House Document No. 94–51 and the appeared as a Category 1 candidate in and 1,040 m (3,000 and 3,400 ft) (M. July 1, 1975, Federal Register the 1985 notice (as Pelea zahlbruckneri). Bruegmann, in litt., 1994). Associated publication. This taxon was transferred into the species include mamane, lama, ’ala’a, General comments received in genus Melicope and its status was ’iliahi, ’ohe, kolea, and kopiko (HHP response to the 1976 proposal are changed to Category 2 in the 1990 1993g; HPCC 1993d). summarized in an April 26, 1978, notice. Pritchardia schattaueri was Threats to Zanthoxylum dipetalum Federal Register publication (43 FR considered a Category 2 species in the var. tomentosum include browsing, 17909). In 1978, amendments to the Act 1985, 1990, and 1993 notices. trampling, and habitat disturbance by required that all proposals over two Phyllostegia racemosa, Phyllostegia cattle, feral pigs, and sheep; competition velutina, Phyllostegia warshaueri, from alien plant species such as Kikuyu years old be withdrawn. A one-year grace period was given to proposals Sicyos alba, and Zanthoxylum grass, fountain grass, lantana, koa haole, dipetalum var. tomentosum all first and Grevillea robusta (silk oak); habitat already over two years old. On December 10, 1979, the Service appeared in the 1990 notice, and again change due to volcanic activity; and fire in 1993, as Category 2 species. (HHP 1993g; HPCC 1993d; M. published a notice in the Federal Section 4(b)(3)(B) of the Act requires Bruegmann, in litt., 1994; J. Lau, in litt., Register (44 FR 70796) withdrawing the the Secretary to make findings on 1992). In addition, the species is portion of the June 16, 1976, proposal threatened by a risk of extinction from that had not been made final, along with petitions that present substantial naturally occurring events and/or four other proposals that had expired. information indicating the petitioned reduced reproductive vigor due to the The Service published updated notices action may be warranted within 12 small number of existing individuals in of review for plants on December 15, months of their receipt. Section 2(b)(1) only one population. 1980 (45 FR 82479), September 27, 1985 of the 1982 amendments further (50 FR 39525), February 21, 1990 (55 FR requires all petitions pending on Previous Federal Action 6183), and September 30, 1993 (58 FR October 13, 1982, be treated as having Federal action on these plants began 51144). All of the taxa in this proposal been newly submitted on that date. On as a result of section 12 of the (including synonymous taxa) have at October 13, 1983, the Service found that Endangered Species Act (16 U.S.C. one time or another been considered the petitioned listing of these taxa was 1533), which directed the Secretary of either Category 1 or Category 2 warranted, but precluded by other the Smithsonian Institution to prepare a candidates for Federal listing. Category pending listing actions, in accordance report on plants considered to be 1 species are those for which the Service with section 4(b)(3)(B)(iii) of the Act; endangered, threatened, or extinct in the has on file substantial information on notification of this finding was United States. This report, designated as biological vulnerability and threats to published on January 20, 1984 (49 FR House Document No. 94–51, was support preparation of listing proposals. 2485). Such a finding requires the presented to Congress on January 9, Category 2 species are those for which Service to consider the petition as 1975. In that document, Clermontia listing as endangered or threatened is having been resubmitted, pursuant to drepanomorpha, Cyanea platyphylla (as possibly appropriate, but for which section 4(b)(3)(C)(i) of the Act. The C. bryanii), Hibiscadelphus giffardianus, sufficient data on biological finding was reviewed in October of Hibiscadelphus hualalaiensis, Melicope vulnerability and threats are not 1984, 1985, 1986, 1987, 1988, 1989, zahlbruckneri (as Pelea zahlbruckneri), currently available to support proposed 1990, 1991, 1992, and 1993. Publication and Neraudia ovata were considered to rules. Hibiscadelphus giffardianus and of the present proposed rule constitutes be endangered. Zanthoxylum dipetalum Hibiscadelphus hualalaiensis were the final such finding for these taxa. var. tomentosum was considered to be considered Category 1 candidates on all Summary of Factors Affecting the threatened. On July 1, 1975, the Service five notices of review; Clermontia Species published a notice in the Federal drepanomorpha, Neraudia ovata, and Register (40 FR 27823) of its acceptance Pleomele hawaiiensis (including the Section 4 of the Endangered Species of the Smithsonian report as a petition synonym Dracaena hawaiiensis) were Act and regulations (50 CFR part 424) within the context of section 4(c)(2) considered Category 1 species in the promulgated to implement the listing (now section 4(b)(3)) of the Act, and 1980, 1983, and 1985 notices and provisions of the Act set forth the giving notice of its intention to review Category 2 species in the 1990 and 1993 procedures for adding species to the the status of the plant species named notices. Cyanea platyphylla (as Cyanea Federal lists. A species may be therein. As a result of that review, on bryanii and Cyanea fernaldii) was determined to be an endangered species June 16, 1976, the Service published a considered a Category 1 species in the due to one or more of the five factors proposed rule in the Federal Register 1980, 1983, and 1985 notices, but was described in section 4(a)(1). The threats (41 FR 24523) to determine endangered removed from consideration as a facing these 13 taxa are summarized in status pursuant to section 4 of the Act candidate in 1990 when C. bryanii and Table 1. Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49385

TABLE 1.ÐSUMMARY OF THREATS

Alien mammals Dis- Natural Human Species ease/in- Alien Fire disas- im- Limited Cattle Pigs Rats Sheep Goats sects plants ters pacts numbers*

Clermontia XXXX X1,3 drepanomorpha Cyanea platyphylla PPX X1,2 Hibiscadelphus XXXXX X1,3,4 giffardianus Hibiscadelphus PPXXXXXX X1,3,4 hualalaiensis Melicope zahlbruckneri PXXX X1,3 Neraudia ovata XXXX X1,2 Phyllostegia racemosa XXXXX X1,3 Phyllostegia velutina XXXXXXX X1,3 Phyllostegia warshaueri XXX X1,2 Pleomele hawaiiensis XXXXXXXX Pritchardia schattaueri XXXPXXX X1,3 Sicyos alba XXXX X1,2 Zanthoxylum dipetalum XXXXXXX X1,3 var. tomentosum Key: X = Immediate and significant threat. P = Potential threat. * = No more than 100 known individuals and/or no more than 5 known popu- lations. 1 = No more than 5 known populations. 2 = No more than 10 known individuals. 3 = No more than 100 known individuals. 4 = All original wild populations extinct; planted individuals only.

These factors and their application to 1848 provision for land sales to Forest Reserve and/or Conservation Clermontia drepanomorpha Rock (’oha individuals allowed large-scale District land. Feral cattle can presently wai), Cyanea platyphylla (A. Gray) agricultural and ranching ventures to be found on the island of Hawaii, and Hillbr. (haha), Hibiscadelphus begin. So much land was cleared for ranching is still a major commercial giffardianus Rock (hau kuahiwi), these enterprises that climatic activity there. Hunting of feral cattle is Hibiscadelphus hualalaiensis Rock (hau conditions began to change, and the no longer allowed in Hawaii (Hawaii kuahiwi), Melicope zahlbruckneri Rock amount and distribution of rainfall were Department of Land and Natural (alani), Neraudia ovata Gaud. (no altered (Wenkam 1969). Plantation Resources (DLNR) 1985). Cattle eat common name (NCN)), Phyllostegia owners supported reforestation native vegetation, trample roots and racemosa Benth. (kiponapona), programs which resulted in many alien seedlings, cause erosion, create Phyllostegia velutina (Sherff) St. John trees being introduced in the hope that disturbed areas into which alien plants (NCN), Phyllostegia warshaueri St. John watersheds could be conserved. invade, and spread seeds of alien plants (NCN), Pleomele hawaiiensis Degener Past and present activities of in their feces and on their bodies. The and I. Degener (hala pepe), Pritchardia introduced alien mammals are the forest in areas grazed by cattle becomes schattaueri Hodel (loulu), Sicyos alba primary factors in altering and degraded to grassland pasture, and plant (St. John) Telford (’anunu), and degrading vegetation and habitats on the cover is reduced for many years Zanthoxylum dipetalum var. island of Hawaii where populations of following removal of cattle from an area. tomentosum Rock (a’e) are as follows: the proposed species occur. Feral Several alien grasses and legumes A. The present or threatened ungulates trample and eat native purposely introduced for cattle forage destruction, modification, or vegetation and disturb and open areas. have become noxious weeds (Cuddihy curtailment of its habitat or range. The This causes erosion and allows the entry and Stone 1990, Tomich 1986). habitats of the plants included in this of alien plant taxa (Cuddihy and Stone The habitats of many of the plants proposed rule have undergone extreme 1990, Wagner et al. 1990). Eleven taxa being proposed were degraded in the alteration because of past and present in this proposal are directly threatened past by feral cattle, and this has had land management practices, including by habitat degradation resulting from effects which still persist. Some taxa in deliberate alien animal and plant introduced ungulates: six taxa are this proposed rule that are still directly introductions; agricultural, commercial, threatened by cattle, one taxon by goats, affected by cattle include: Phyllostegia and urban development; and ten by pigs, and four by sheep. racemosa, Phyllostegia velutina, recreational use. Natural disturbances Cattle (Bos taurus), the wild Pleomele hawaiiensis, Pritchardia such as volcanic activity also destroy progenitor of which was native to schattaueri, and Zanthoxylum habitat and can have a significant effect Europe, northern Africa, and dipetalum var. tomentosum. The on small populations of plants. southwestern Asia, were introduced to Hibiscadelphus hualalaiensis site is Competition with alien plants as well as the Hawaiian Islands in 1793. Large currently fenced to exclude cattle and destruction of plants and modification feral herds developed as a result of pigs, but these alien mammals of habitat by introduced animals are the restrictions on killing cattle decreed by constitute a potential threat to this taxon primary threats facing all of taxa being King Kamehameha I. While small cattle if the fencing is not monitored and proposed. (See Table 1.). ranches were developed on Kauai, maintained (HHP 1991i2, 1993g; HPCC Beginning with Captain James Cook in Oahu, and West Maui, very large 1991e, 1991i, 1992d, 1992e1, 1993b, 1792, early European explorers ranches of tens of thousands of acres 1993d; Hodel 1980, 1985; Pratt and introduced livestock, which became were created on East Maui and Hawaii. Cuddihy 1990; M. Bruegmann, in litt., feral, increased in number and range, Much of the land used in these private 1994; J. Jeffrey, pers. comm., 1994). and caused significant changes to the enterprises was leased from the State or Pigs (Sus scrofa) are originally native natural environment of Hawaii. The was privately owned and considered to Europe, northern Africa, Asia Minor, 49386 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules and Asia. European pigs, introduced to able to forage in extremely rugged ovata, Phyllostegia racemosa, Hawaii by Captain James Cook in 1778, terrain and have a high reproductive Phyllostegia velutina, Phyllostegia became feral and invaded forested areas, capacity (Cuddihy and Stone 1990, warshaueri, Pleomele hawaiiensis, especially wet and mesic forests and dry Culliney 1988, Tomich 1986). Pleomele Pritchardia schattaueri, Sicyos alba, and areas at high elevations. They are hawaiiensis is currently threatened by Zanthoxylum dipetalum var. currently present on Kauai, Oahu, goats (Char 1987, HPCC 1993b). tomentosum. The lack of seedling Molokai, Maui, and Hawaii and inhabit Sheep (Ovis aries) have become production or survival in two of the taxa rain forests and grasslands. Pig hunting established on the island of Hawaii (Pleomele hawaiiensis and Pritchardia is allowed on all islands either year- (Tomich 1986) since their introduction schattaueri) and the occurrence of some round or during certain months, almost 200 years ago (Cuddihy and populations or taxa only in areas depending on the area (Hawaii DLNR Stone 1990). Sheep roam the upper inaccessible to ungulates seem to n.d., 1985). While rooting in the ground elevation dry forests of Hualalai (above indicate the effect that browsing in search of the invertebrates and plant 1,000 m (3,300 ft)), causing damage mammals, especially cattle and goats, material they eat, feral pigs disturb and similar to that of goats (Stone 1985). have had in restricting the distribution destroy vegetative cover, trample plants Sheep have decimated vast areas of of these plants. and seedlings, and threaten forest native forest and shrubland on Mauna Of the four species of rodents which regeneration by damaging seeds and Kea and continue to do so as a managed have been introduced to the Hawaiian seedlings. They disturb soil substrates game species. Sheep threaten the habitat Islands, the species with the greatest and cause erosion, especially on slopes. of the following proposed plant species: impact on the native flora and fauna is Alien plant seeds are dispersed in their Hibiscadelphus hualalaiensis, probably Rattus rattus (roof or black hooves and coats as well as through Phyllostegia velutina, Pleomele rat), which now occurs on all the main their digestive tracts, and the disturbed hawaiiensis, and Zanthoxylum Hawaiian Islands around human soil is fertilized by their feces, helping dipetalum var. tomentosum (Cuddihy habitations, in cultivated fields, and in establish these plants (Cuddihy and and Stone 1990; Stone 1985; M. dry to wet forests. Roof rats, and to a Stone 1990, Smith 1985, Stone 1985, Bruegmann, in litt., 1994). lesser extent Mus musculus (house Land development for housing and Tomich 1986, Wagner et al. 1990). Feral mouse), R. exulans (Polynesian rat), and commercial activities threatens pigs pose an immediate threat to one or R. norvegicus (Norway rat), eat the fruits Neraudia ovata, Pleomele hawaiiensis, more populations of the following of some native plants, especially those and Pritchardia schattaueri since proposed taxa: Clermontia with large, fleshy fruits. Many native individuals of these species grow on drepanomorpha, Phyllostegia racemosa, Hawaiian plants produce their fruit over private land that may be developed Phyllostegia velutina, Phyllostegia an extended period of time, and this (Char 1987; HHP 1991j1; HPCC 1992e2; warshaueri, Pleomele hawaiiensis, produces a prolonged food supply Nagata 1984; M. Bruegmann, in litt., Pritchardia schattaueri, Sicyos alba, and which supports rodent populations 1994). In addition, the populations of Zanthoxylum dipetalum var. (Cuddihy and Stone 1990). Rats damage Phyllostegia velutina within the Kulani tomentosum. The Cyanea platyphylla Correctional Facility are potentially fruit of Pritchardia schattaueri and population is currently fenced to threatened by expansion of the prison fruits, flowers, and bark of exclude pigs and the Hibiscadelphus facilities (M. Bruegmann, in litt., 1994). Hibiscadelphus giffardianus and hualalaiensis site to exclude pigs and B. Overutilization for commercial, Hibiscadelphus hualalaiensis (Baker cattle, but these alien mammals still recreational, scientific, or educational and Allen 1978; HPCC 1992e2; M. pose a potential threat to these taxa if purposes. Unrestricted collecting for Bruegmann, in litt., 1994; L. Pratt, pers. fencing is not monitored and scientific or horticultural purposes and comm., 1994). Rats probably feed on the maintained (Clarke et al. 1983; HHP excessive visits by individuals fruits of Cyanea platyphylla (M. 1991e1, 1991e4, 1991j1; HPCC 1990b, interested in seeing rare plants are Bruegmann, in litt., 1994). Girdling by 1991a, 1991f, 1991h, 1992a to 1992d, potential threats to all of the proposed rats has been observed for Clermontia 1993a, 1993c; Pratt and Cuddihy 1990; taxa. This is a threat to Pleomele drepanomorpha (Bruegmann 1990). M. Bruegmann, in litt., 1994; J. Jeffrey hawaiiensis because little regeneration Sophonia rufofascia (two-spotted and L. Pratt, pers. comms., 1994). is occurring in the wild. The other 12 leafhopper) is a recently introduced Goats (Capra hircus), originally native taxa in this proposed rule are also insect that causes feeding damage on to the Middle East and India, were threatened by overcollection, since each leaves, typically in the form of stippling successfully introduced to the Hawaiian taxon comprises 1 to 3 populations and and yellowing. In addition to Islands in 1792, and currently there are 100 or fewer known individuals, or exist mechanical feeding damage, this insect populations on Kauai, Oahu, Molokai, only as cultivated individuals. Any may introduce a plant virus. It is Maui, and Hawaii. On Hawaii, goats collection of whole plants or suspected of causing severe dieback of damage low-elevation dry forest, reproductive parts of any of these the native fern Dicranopteris linearis montane parkland, subalpine species could cause an adverse impact (uluhe) and economic damage to crops woodlands, and alpine grasslands. Goats on the gene pool and threaten the and ornamental plants in Hawaii. The are managed in Hawaii as a game survival of the species. two-spotted leafhopper is a threat to animal, but many herds populate C. Disease or predation. Pigs, cattle, Hibiscadelphus giffardianus and inaccessible areas where hunting has goats, or sheep have been reported in Melicope zahlbruckneri (M. Bruegmann, little effect on their numbers. Goat areas where populations of most of the in litt., 1994; Adam Asquith, USFWS, hunting is allowed year-round or during proposed taxa occur. As the taxa are not pers. comm., 1994). certain months, depending on the area known to be unpalatable to these The native plant bug, Hyalopeplus (Hawaii DLNR n.d., 1985). Goats browse ungulates, predation is a probable threat pellucidus, was found feeding and on introduced grasses and native plants, where those animals have been breeding on Hibiscadelphus especially in drier and more open reported, potentially affecting the giffardianus. Leaf yellowing is caused ecosystems. They also trample roots and following taxa: Clermontia by this insect, which has been known to seedlings, cause erosion, and promote drepanomorpha, Cyanea platyphylla, achieve large populations and cause the invasion of alien plants. They are Hibiscadelphus hualalaiensis, Neraudia economic damage to some crops (M. Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49387

Bruegmann, in litt., 1994; A. Asquith, districts, among other purposes, are conservation district boundaries to pers. comm., 1994). regarded as necessary for the protection include ‘‘the habitat of rare native Aleurodicus dispersus (spiralling of endemic biological resources and the species of flora and fauna within the whitefly) was first collected on Oahu in maintenance or enhancement of the conservation district’’ (HRS, sect. 195D– 1978 (Nakahara 1981). Spiralling conservation of natural resources. 5.1). However, despite the existence of whitefly is a threat to Neraudia ovata Activities permitted in conservation various State laws and regulations (M. Bruegmann, in litt., 1994). districts are chosen by considering how which give protection to Hawaii’s native Some species of Pritchardia are best to make a multiple use of the land plants, their enforcement is difficult due known to be susceptible to lethal (HRS, sect. 205–2). Some uses, such as to limited funding and personnel. yellowing, which is a bacterium-like maintaining animals for hunting, are Listing of these 13 plant species would organism producing disease in many based on policy decisions, while others, trigger State listing under Hawaii’s palms. This disease is not yet reported such as preservation of endangered Endangered Species Act and in Hawaii, but if it were ever species, are mandated by State laws. supplement the protection available accidentally introduced on plant Requests for amendments to district under other State laws. The Federal Act material brought into the State, it would boundaries or variances within existing would offer additional protection to be a potential threat to Pritchardia classifications can be made by these species. For example, if they were schattaueri. In addition, cultivated government agencies and private to be listed as endangered, it would be Pritchardia specimens in areas outside landowners (HRS, sect. 205–4). Before a violation of the Act for any person to Hawaii may be affected by the disease decisions about these requests are made, remove, cut, dig up, damage, or destroy (Hull 1980). the impact of the proposed any such plant in knowing violation of D. The inadequacy of existing reclassification on ‘‘preservation or State law or regulation or in the course regulatory mechanisms. Hawaii’s maintenance of important natural of any violation of a State criminal Endangered Species Act states—‘‘Any systems or habitat’’ (HRS, sects. 205–4, trespass law. species of aquatic life, wildlife, or land 205–17) as well as the maintenance of Although two species, Hibiscadelphus plant that has been determined to be an natural resources is required to be taken giffardianus and Melicope endangered species pursuant to the into account (HRS, sects. 205–2, 205–4). zahlbruckneri, are restricted to Federal [Federal] Endangered Species Act shall For any proposed land use change land within HVNP and are actively be deemed to be an endangered species which will occur on county or State managed by the Park, they are still under the provisions of this chapter land, will be funded in part or whole by threatened with extinction from ** *’’ (Hawaii Revised Statutes (HRS), county or State funds, or will occur naturally occurring events. sect. 195D–4(a)). Therefore, Federal within land classified as conservation Hibiscadelphus giffardianus is no longer listing would automatically invoke district, an environmental assessment is extant in the wild, and is known only listing under Hawaii State law, which required to determine whether or not from the 24 individuals that have been prohibits taking of endangered plants in the environment will be significantly replanted into original habitat by the the State and encourages conservation Park. Melicope zahlbruckneri is known by State agencies (HRS, sect. 195D–4 affected (HRS, chapt. 343). If it is found that an action will have a significant only from one population of 30 to 35 and 5). individuals. Both of these species are None of the 13 proposed taxa are effect, preparation of a full Environmental Impact Statement is threatened by the two-spotted presently listed as an endangered leafhopper, an introduced insect that is required. Hawaii environmental policy, species by the State of Hawaii. Seven of spreading throughout the Hawaiian and thus approval of land use, is the 13 proposed taxa have populations Islands, may reach epidemic required by law to safeguard ‘‘* * * the located on privately owned land. The proportions if not controlled, and for State’s unique natural environmental following taxa occur exclusively on which there is currently no known characteristics * * *’’ (HRS, sect. 344– State land—Cyanea platyphylla, control. Hibiscadelphus hualalaiensis, and 3(1)) and includes guidelines to ‘‘Protect E. Other natural or manmade factors Zanthoxylum dipetalum var. endangered species of individual plants affecting its continued existence. The tomentosum. Two of these taxa, and animals * * *’’ (HRS, sect. 344– small numbers of populations and Hibiscadelphus hualalaiensis and 4(3)(A)). Federal listing, because it individuals of most of these taxa Zanthoxylum dipetalum var. automatically invokes State listing, increase the potential for extinction tomentosum, are found exclusively on would also trigger these other State from naturally occurring events. The State land leased to a private ranch. regulations protecting the plants. limited gene pool may depress Four of the taxa (Clermontia State laws relating to the conservation reproductive vigor, or a single human- drepanomorpha, Cyanea platyphylla, of biological resources allow for the caused or natural environmental Phyllostegia velutina, and Sicyos alba) acquisition of land as well as the disturbance could destroy a significant have one or more populations located in development and implementation of percentage of the individuals or the only State NARs or a State wildlife sanctuary, programs concerning the conservation known extant population. This which have rules and regulations for the of biological resources (HRS, sect. constitutes a major threat to 12 of the 13 protection of resources (Hawaii DLNR 195D–5(a)). The State also may enter taxa being proposed. (See Table 1.) Five 1981; HRS, sects. 183D–4, 184–5, 195– into agreements with Federal agencies of the proposed taxa, Cyanea 5, and 195–8). However, most of these to administer and manage any area platyphylla, Melicope zahlbruckneri, areas still support large populations of required for the conservation, Neraudia ovata, Phyllostegia pigs maintained for sport hunting (M. management, enhancement, or warshaueri, and Zanthoxylum Bruegmann, in litt., 1994). protection of endangered species (HRS, dipetalum var. tomentosum, are known One or more populations of 9 of the sect. 195D–5(c)). If listing were to occur, from a single population. Five other 13 proposed taxa are located on land funds for these activities could be made proposed taxa, Clermontia classified within conservation districts available under section 6 (State drepanomorpha, Phyllostegia racemosa, and owned by the State of Hawaii or Cooperative Agreements) of the Federal Phyllostegia velutina, Pritchardia private companies or individuals. Endangered Species Act. The Hawaii schattaueri, and Sicyos alba, are known Regardless of the owner, lands in these DLNR is mandated to initiate changes in from only two to five populations. 49388 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules

Twelve of the proposed taxa are understory, and causing damage and 1985, Wagner et al. 1985). Common estimated to number no more than 100 death to trees by the weight of the vines. guava threatens Pritchardia schattaueri known individuals. Two of these taxa, Animals, especially feral pigs, eat the and the only known population of Cyanea platyphylla and Neraudia ovata, fruit and distribute the seeds (Cuddihy Cyanea platyphylla (Cuddihy et al. number no more than 10 known and Stone 1990, Escobar 1990). Banana 1982; HPCC 1991a6, 1991a9; HPCC individuals, and one, Phyllostegia poka threatens Phyllostegia racemosa 1992e1; M. Bruegmann, in litt., 1994). warshaueri, is known from only one and Sicyos alba (HPCC 1993c; J. Jeffrey, A recent introduction to the Hawaiian individual. Two taxa, Hibiscadelphus pers. comm., 1994). Passiflora ligularis Islands, Rubus ellipticus (yellow giffardianus and Hibiscadelphus (sweet granadilla) was first collected in Himalayan raspberry) is rapidly hualalaiensis, are extinct in the wild Hawaii in 1909, and has since spread to becoming a major weed pest in wet and are known only from cultivated mesic and wet areas of Kauai, Oahu, forests, pastures, and other open areas material. Lanai, and Hawaii (Escobar 1990). This on the island of Hawaii. It forms large One or more of 21 taxa of introduced taxon threatens the only known thorny thickets and displaces native plants threaten all 13 of the proposed population of Cyanea platyphylla plants. Its ability to invade the taxa. The original native flora of Hawaii (HPCC 1991a). After escaping from understory of wet forests enables it to consisted of about 1,000 species, 89 cultivation, Schinus terebinthifolius fill a niche presently unoccupied by any percent of which were endemic. Of the (Christmas berry) became naturalized on other major wet forest weed in Hawaii total native and naturalized Hawaiian most of the main Hawaiian Islands and (Cuddihy and Stone 1990). This has flora of 1,817 species, 47 percent were threatens Pleomele hawaiiensis and resulted in an extremely rapid introduced from other parts of the world Pritchardia schattaueri and the only population expansion of this alien plant and nearly 100 species have become known population of Neraudia ovata in recent years. Phyllostegia velutina pests (Wagner et al. 1990). Naturalized, (Nishida 1993; Wagner et al. 1990; M. and Sicyos alba are threatened by introduced plant taxa compete with Bruegmann, in litt., 1994). Juncus yellow Himalayan raspberry (HPCC native plants for space, light, water, and planifolius is a perennial rush which 1990b, 1993c). A related species, Rubus nutrients (Cuddihy and Stone 1990). has naturalized in moist, open, rosifolius (thimbleberry), was Some of these taxa were brought to disturbed depressions on margins of introduced from Asia in the 1880s to the Hawaii by various groups of people, forests and in bogs on Kauai, Oahu, island of Hawaii and is now found in including the Polynesian immigrants, Molokai, Maui, and Hawaii (Coffey disturbed mesic and wet forests for food or cultural reasons. Plantation 1990). This taxon is a threat to the only throughout the Hawaiian Islands. owners, alarmed at the reduction of known individual of Phyllostegia Although it is less aggressive than other water resources for their crops caused warshaueri (M. Bruegmann, in litt., alien species of Rubus, thimbleberry can by the destruction of native forest cover 1994). become very abundant locally, by grazing feral animals, supported the Psidium cattleianum (strawberry especially in areas disturbed by pigs introduction of alien tree species for guava), an invasive shrub or small tree (Cuddihy and Stone 1990, Wagner et al. reforestation. Ranchers intentionally native to tropical America, has become 1990). This species is a threat to introduced pasture grasses and other naturalized on all of the main Hawaiian Clermontia drepanomorpha and species for agriculture, and sometimes islands. Like Christmas berry, Pritchardia schattaueri and the only they inadvertently introduced weed strawberry guava is capable of forming known populations of Cyanea seeds as well. Other plants were brought dense stands that exclude other plant platyphylla and Phyllostegia warshaueri to Hawaii for their potential taxa (Cuddihy and Stone 1990) and is (Cuddihy et al. 1982; HHP 1991g2; horticultural value (Cuddihy and Stone dispersed mainly by feral pigs and fruit- HPCC 1991a, 1993a; M. Bruegmann, in 1990, Wenkam 1969). eating birds (Smith 1985). This alien litt., 1994). Lantana camara (lantana), brought to plant grows primarily in mesic and wet Grevillea robusta (silk oak) was Hawaii as an ornamental plant, is an habitats and provides food for several extensively planted in Hawaii for timber aggressive, thicket-forming shrub which alien animal species, including feral and is now naturalized on most of the can now be found on all of the main pigs and game birds, which disperse the main islands (Smith 1985, Wagner et al. islands in mesic forests, dry shrublands, plant’s seeds through the forest (Smith 1990). Silk oak threatens the only and other dry, disturbed habitats 1985, Wagner et al. 1985). Strawberry known population of Zanthoxylum (Wagner et al. 1990). Lantana threatens guava is considered one of the greatest dipetalum var. tomentosum (HPCC Pleomele hawaiiensis and the only alien plant threats to Hawaii’s rain 1993d). Tibouchina herbacea known populations of Neraudia ovata forests and is known to pose a direct (glorybush) first became established on and Zanthoxylum dipetalum var. threat to Pritchardia schattaueri and the island of Hawaii in the late 1970s tomentosum (HHP 1993c2; HPCC 1992a, Sicyos alba and the only known and, by 1982 was collected in Lanilili 1993b, 1993d; M. Bruegmann, in litt., populations of Cyanea platyphylla and on West Maui (Almeda 1990). Although 1994). Leucaena leucocephala (koa Phyllostegia warshaueri (Cuddihy et al. the disruptive potential of this alien haole), a naturalized shrub which is 1982; HHP 1991g2; HPCC 1991a, plant is not fully known, glorybush sometimes the dominant species in low 1992e1; M. Bruegmann, in litt., 1994). appears to be invading mesic and wet elevation, dry, disturbed areas on all of Psidium guajava (common guava) was forests of Hawaii, and is considered a the main Hawaiian islands, threatens brought to Hawaii and has become threat to the only known individual of Neraudia ovata, Pleomele hawaiiensis, widely naturalized on all the main Phyllostegia warshaueri (HPCC 1992c). and Zanthoxylum dipetalum var. islands, forming dense stands in Several hundred species of grasses tomentosum (Geesnick et al. 1990; disturbed areas. Common guava invades have been introduced to the Hawaiian HPCC 1993d; Nishida 1993; M. disturbed sites, forming dense thickets Islands, many for animal forage. Of the Bruegmann, in litt., 1994). in dry as well as mesic and wet forests approximately 100 grass species which Passiflora mollissima (banana poka), a (Smith 1985, Wagner et al. 1990). This have become naturalized, 8 species woody vine, poses a serious problem to species also provides food for several threaten 11 of the 13 proposed taxa. mesic forests on Kauai and Hawaii by alien animal species, including feral Anthoxanthum odoratum (sweet covering trees, reducing the amount of pigs and game birds, which disperse the vernalgrass) is a perennial, tufted grass light which reaches trees as well as plant’s seeds through the forest (Smith which has naturalized in pastures, Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49389 disturbed areas in wet forest, and O’Connor 1990, Smith 1985). Fountain Zanthoxylum dipetalum var. sometimes in subalpine shrubland on grass threatens Phyllostegia velutina and tomentosum (HPCC 1991i, 1992a, Molokai, Maui, and Hawaii and is a Pleomele hawaiiensis and the only 1993c2; M. Bruegmann, in litt., 1994). threat to Phyllostegia racemosa known populations of Neraudia ovata Natural changes to habitat and (O’Connor 1990; J. Jeffrey, pers. comm. and Zanthoxylum dipetalum var. substrate can result in the death of 1994). The perennial grass Paspalum tomentosum (HHP 1991h5, 1993g; individual plants as well as the conjugatum (Hilo grass), naturalized in HPCC 1990a, 1991c, 1993b; Nishida destruction of their habitat. This moist to wet disturbed areas on most 1993; M. Bruegmann, in litt., 1994; J. especially affects the continued Hawaiian Islands, produces a dense Lau, in litt., 1990; C. Imada, pers. existence of taxa or populations with ground cover, even on poor soil, and comm., 1994). limited numbers and/or narrow ranges threatens the only known populations of Setaria palmifolia (palmgrass), native and is often exacerbated by human Hibiscadelphus giffardianus and to tropical Asia, has become naturalized disturbance and land use practices (See Melicope zahlbruckneri (Cuddihy and in mesic valleys, wet forests, and along Factor A.). Two of the five volcanoes Stone 1990; O’Connor 1990; Smith streams on Oahu, Lanai, Maui, and that make up the island of Hawaii, 1985; L. Pratt, pers. comm., 1994). A Hawaii. First collected in 1903, major Kilauea and Mauna Loa, are active and related species, Paspalum dilatatum infestations can now be found in the a third, Hualalai, is dormant but may (Dallis grass) has become naturalized Olaa area and the windward side of the erupt again. Ten of the proposed taxa and common in wet to dry grassland, island of Hawaii (Cuddihy and Stone are in areas where volcanic activity fields, and roadsides on most Hawaiian 1990, O’Connor 1990). Palmgrass is a could result in the destruction of all of Islands, and also threatens threat to Sicyos alba and the only the populations: Hibiscadelphus Hibiscadelphus giffardianus and known individual of Phyllostegia giffardianus, Hibiscadelphus Melicope zahlbruckneri (O’Connor warshaueri (HPCC 1993c; M. hualalaiensis, Melicope zahlbruckneri, 1990; L. Pratt, pers. comm., 1994). Bruegmann, in litt., 1994). Paspalum Neraudia ovata, Phyllostegia velutina, Ehrharta stipoides (meadow ricegrass) is urvillei (Vasey grass) is widespread in Pleomele hawaiiensis, Pritchardia naturalized in openings in wet forest disturbed areas on the islands of Maui schattaueri, Sicyos alba, and and other moist, shaded sites on Oahu, and Hawaii. It has invaded some rain Zanthoxylum dipetalum var. Maui, and Hawaii (O’Connor 1990). forests and montane mesic tomentosum. Some populations of Meadow ricegrass is the third grass communities, and is a threat to Phyllostegia racemosa are also species to threaten Hibiscadelphus Phyllostegia racemosa and Phyllostegia threatened by volcanic activity. giffardianus and Melicope velutina (Cuddihy and Stone 1990; People are more likely to come into zahlbruckneri. HPCC 1992b; O’Connor 1990; J. Jeffrey, contact with taxa which have All three of these grass species pers. comm., 1994). populations near trails or roads or in prevent seedling establishment of the Because Hawaiian plants were recreational areas. Alien plants may be two proposed species (L. Pratt, pers. subjected to fire during their evolution introduced into such areas as seeds on comm., 1994). only in areas of volcanic activity and footwear, or people may cause erosion, Pennisetum clandestinum (Kikuyu from occasional lightning strikes, they trample plants, or start fires (Cuddihy grass), an aggressive perennial grass are not adapted to recurring fire regimes and Stone 1990). The following introduced to Hawaii as a pasture grass, and are unable to recover well following proposed taxa have populations in withstands trampling and grazing and a fire. Alien plants are often better recreational areas, close to roads or has naturalized on four Hawaiian adapted to fire than native plant species, trails, or in areas where ranching or Islands in dry to mesic forest. It and some fire-adapted grasses have logging is occurring, and are potentially produces thick mats which choke out become widespread in Hawaii. Native threatened by human disturbance: other plants and prevent their seedlings shrubland and dry forest can thus be Clermontia drepanomorpha, from establishing and has been declared converted to land dominated by alien Hibiscadelphus hualalaiensis, a noxious weed by the U.S. Department grasses. The presence of such species in Phyllostegia racemosa, Phyllostegia of Agriculture (7 CFR 360) (O’Connor Hawaiian ecosystems greatly increases velutina, Sicyos alba, and Zanthoxylum 1990, Smith 1985). Kikuyu grass is a the intensity, extent, and frequency of dipetalum var. tomentosum (Bruegmann threat to Phyllostegia racemosa, fire, especially during drier months or 1990; Corn 1983; HHP 1991f1; HPCC Phyllostegia velutina, Pritchardia drought. Fire-adapted alien plant taxa 1991d, 1991h, 1992b; Pratt and Cuddihy schattaueri, and the only known can reestablish in a burned area, 1990; Stemmermann 1987). populations of Hibiscadelphus resulting in a reduction in the amount The Service has carefully assessed the hualalaiensis and Zanthoxylum of native vegetation after each fire. Fire best scientific and commercial dipetalum var. tomentosum (HHP can destroy dormant seeds as well as information available regarding the past, 1992b, 1993c2, 1993g; HPCC 1992a; M. plants, even in steep or inaccessible present, and future threats faced by Bruegmann, in litt., 1994; L. Lau, in litt., areas. Fires may result from natural these taxa in determining to propose 1990; J. Jeffrey, pers. comm., 1994). causes, or they may be accidentally or this rule. Based on this evaluation, the Pennisetum setaceum (fountain grass) purposely set by humans. Three fires preferred action is to propose listing is a fire-adapted bunch grass that has have occurred in the Puu Waawaa/ these 13 plant taxa as endangered: spread rapidly over bare lava flows and Kaupulehu dry forests on the slopes of Clermontia drepanomorpha, Cyanea open areas on the island of Hawaii since Hualalai over the last ten years, and platyphylla, Hibiscadelphus its introduction in the early 1900s. have destroyed habitat as well as giffardianus, Hibiscadelphus Fountain grass is particularly individuals of many endangered and hualalaiensis, Melicope zahlbruckneri, detrimental to Hawaii’s dry forests proposed endangered species, including Neraudia ovata, Phyllostegia racemosa, because it is able to invade areas once Pleomele hawaiiensis (Cuddihy and Phyllostegia velutina, Phyllostegia dominated by native plants, where it Stone 1990; HHP 1991h4; HPCC 1992d, warshaueri, Pleomele hawaiiensis, interferes with plant regeneration, 1993b; J. Lau, in litt., 1990). Fire is also Pritchardia schattaueri, Sicyos alba, and carries fires into areas not usually prone a threat to Phyllostegia velutina and the Zanthoxylum dipetalum var. to fires, and increases the likelihood of only known populations of tomentosum. Twelve of the taxa fires (Cuddihy and Stone 1990, Hibiscadelphus hualalaiensis and proposed for listing number no more 49390 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules than 100 individuals and are known critical habitat would increase the Service. One or more populations of from 5 or fewer populations. The 13 degree of threat to these plants from take four of the proposed taxa are located on taxa are threatened by one or more of or vandalism and, therefore, could federally owned and/or managed land. the following—habitat degradation and/ contribute to their decline. The listing of Three taxa are located in HVNP and one or predation by cattle, pigs, goats, sheep, these taxa as endangered publicizes the taxon is found in Hakalau Forest insects, and rats; competition from alien rarity of the plants and, thus, can make National Wildlife Refuge. HVNP is plants; fire and volcanic activity; human these plants attractive to researchers, actively managing Kipuka Puaulu to impacts; and lack of legal protection or curiosity seekers, or collectors of rare maintain Melicope zahlbruckneri and difficulty in enforcing laws which are plants. All involved parties and the the cultivated plants of Hibiscadelphus already in effect. Small population size major landowners have been notified of giffardianus (Mountainspring 1985). and limited distribution make these taxa the location and importance of Staff at Hakalau National Wildlife particularly vulnerable to extinction protecting the habitat of these taxa. Refuge are monitoring Phyllostegia and/or reduced reproductive vigor from Additional protection of the habitat of racemosa populations and controlling naturally occurring events. Because these taxa will be addressed through the threats (J. Jeffrey, pers. comm., 1994). these 13 taxa are in danger of extinction recovery process and through the The Act and its implementing throughout all or a significant portion of section 7 consultation process. The regulations set forth a series of general their ranges, they are proposed to be Service finds that designation of critical prohibitions and exceptions that apply listed as endangered. habitat for these 13 taxa is not prudent to all endangered plant species. With Critical habitat is not being proposed at this time. Such a designation would respect to the 13 plant taxa proposed to for the 13 taxa included in this rule, for increase the degree of threat from be listed as endangered, all of the reasons discussed in the ‘‘Critical vandalism, collecting, or other human prohibitions of section 9(a)(2) of the Act, Habitat’’ section of this proposal. activities and is unlikely to aid in the implemented by 50 CFR 17.61, will apply. These prohibitions, in part, make Critical Habitat conservation of these taxa. it illegal for any person subject to the Critical habitat is defined in section 3 Available Conservation Measures jurisdiction of the United States to of the Act as: (i) The specific areas Conservation measures provided to import or export any endangered plant; within the geographical area occupied taxa listed as endangered under the transport such species in interstate or by a species, at the time it is listed in Endangered Species Act include foreign commerce in the course of a accordance with the Act, on which are recognition, recovery actions, commercial activity; sell or offer for sale found those physical or biological requirements for Federal protection, and such species in interstate or foreign features (I) essential to the conservation prohibitions against certain activities. commerce; remove and reduce to of the species and (II) that may require Recognition through listing results in possession any such species from areas special management consideration or public awareness and conservation under Federal jurisdiction; maliciously protection and; (ii) specific areas actions by Federal, State, and local damage or destroy any such species on outside the geographical area occupied agencies, private organizations, and any area under Federal jurisdiction; or by a species at the time it is listed, upon individuals. The Act provides for remove, cut, dig up, damage, or destroy a determination that such areas are possible land acquisition and any such species on any other area in essential for the conservation of the cooperation with the State and requires knowing violation of any State law or species. ‘‘Conservation’’ means the use that recovery plans be developed for regulation including State criminal of all methods and procedures needed listed species. The protection required trespass law. Certain exceptions to the to bring the species to the point at of Federal agencies and the prohibitions prohibitions apply to agents of the which listing under the Act is no longer against certain activities involving listed Service and State conservation agencies. necessary. plants are discussed, in part, below. The Act and 50 CFR 17.62 and 17.63 Section 4(a)(3) of the Act, as Section 7 (a) of the Act, as amended, also provide for the issuance of permits amended, and implementing regulations requires Federal agencies to evaluate to carry out otherwise prohibited (50 CFR 424.12) require that, to the their actions with respect to any taxon activities involving endangered plant maximum extent prudent and that is proposed or listed as endangered species under certain circumstances. determinable, the Secretary designate and with respect to its critical habitat, Such permits are available for scientific critical habitat at the time a species is if any is being designated. Regulations purposes and to enhance the listed as endangered or threatened. The implementing this interagency propagation or survival of the species. It Service finds that designation of critical cooperation provision of the Act are is anticipated that few trade permits habitat is not presently prudent for codified at 50 CFR part 402. Section would be sought or issued for most of these 13 taxa. Service regulations (50 7(a)(4) requires Federal agencies to the 13 taxa, because they are not in CFR 424.12(a)(1)) state that designation confer with the Service on any action cultivation or common in the wild. of critical habitat is not prudent when that is likely to jeopardize the continued Requests for copies of the regulations one or both of the following situations existence of a species proposed for concerning listed plants and inquiries exist—(1) The species is threatened by listing or result in destruction or regarding prohibitions and permits may taking or other human activity, and adverse modification of proposed be addressed to the U.S. Fish and identification of critical habitat can be critical habitat. If a species is listed Wildlife Service, Ecological Services, expected to increase the degree of threat subsequently, section 7(a)(2) requires Endangered Species Permits, 911 N.E. to the species, or (2) such designation of Federal agencies to ensure that activities 11th Avenue, Portland, Oregon 97232– critical habitat would not be beneficial they authorize, fund, or carry out are not 4181 (telephone: 503/231–6241; to the species. As discussed under likely to jeopardize the continued facsimile: 503/231–6243). Factor B, these taxa are threatened by existence of such a species or to destroy overcollection, due to extremely low or adversely modify its critical habitat. Public Comments Solicited population size. The publication of If a Federal action may affect a listed The Service intends that any final precise maps and descriptions of critical species or its critical habitat, the action resulting from this proposal will habitat in the Federal Register and local responsible Federal agency must enter be as accurate and as effective as newspapers as required in a proposal for into formal consultation with the possible. Therefore, comments or Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49391 suggestions from the public, other proposal, if requested. Requests must be List of Subjects in 50 CFR Part 17 concerned governmental agencies, the received within 45 days of the date of scientific community, industry, or any publication of the proposal in the Endangered and threatened species, other interested party concerning this Federal Register. Such requests must be Exports, Imports, Reporting and proposed rule are hereby solicited. made in writing and be addressed to the recordkeeping requirements, and Comments particularly are sought Pacific Islands Ecoregion Manager (see Transportation. ADDRESSES section). concerning: Proposed Regulation Promulgation (1) Biological, commercial trade, or National Environmental Policy Act other relevant data concerning any Accordingly, the Service hereby threat (or lack thereof) to these 13 taxa; The Fish and Wildlife Service has proposes to amend part 17, subchapter (2) The location of any additional determined that Environmental B of chapter I, title 50 of the Code of Assessments and Environmental Impact populations of these taxa and the Federal Regulations, as set forth below: reasons why any habitat should or Statements, as defined under the should not be determined to be critical authority of the National Environmental PART 17Ð[AMENDED] habitat as provided by section 4 of the Policy Act of 1969, need not be Act; prepared in connection with regulations 1. The authority citation for part 17 (3) Additional information concerning adopted pursuant to section 4(a) of the continues to read as follows: the range, distribution, and population Endangered Species Act of 1973, as size of these taxa; and amended. A notice outlining the Authority: 16 U.S.C. 1361–1407; 16 U.S.C. (4) Current or planned activities in the Service’s reasons for this determination 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– range of these taxa and their possible was published in the Federal Register 625, 100 Stat. 3500; unless otherwise noted. impacts on these taxa. on October 25, 1983 (48 FR 49244). 2. Section 17.12(h) is amended by The final decision on this proposal will take into consideration the References Cited adding the following, in alphabetical comments and any additional A complete list of all references cited order under FLOWERING PLANTS, to information received by the Service, and herein is available upon request from the List of Endangered and Threatened such communications may lead to a the Pacific Islands Ecoregion Office (see Plants to read as follows: ADDRESSES final regulation that differs from this section). § 17.12 Endangered and threatened plants. proposal. Author: The author of this proposed rule * * * * * The Endangered Species Act provides is Marie M. Bruegmann, Pacific Islands for one or more public hearings on this Ecoregion Office (see ADDRESSES section). (h) * * *

Species Historic range Family Status When listed Critical habi- Special Scientific name Common name tat rules

FLOWERING PLANTS

******* Clermontia 'Oha wai ...... U.S.A.(HI) ...... CampanulaceaeÐ E ...... NA NA drepanomorpha. Bellflower.

******* Cyanea platyphylla .. Haha ...... U.S.A.(HI) ...... CampanulaceaeÐ E ...... NA NA Bellflower.

******* Hibiscadelphus Hau kuahiwi ...... U.S.A.(HI) ...... MalvaceaeÐMallow E ...... NA NA giffardianus.

******* Hibiscadelphus Hau kuahiwi ...... U.S.A.(HI) ...... MalvaceaeÐMallow E ...... NA NA hualalaiensis.

******* Melicope Alani ...... U.S.A.(HI) ...... RutaceaeÐCitrus ... E ...... NA NA zahlbruckneri.

******* Neraudia ovata ...... None ...... U.S.A.(HI) ...... UrticaceaeÐNettle . E ...... NA NA

******* Phyllostegia Kiponapona ...... U.S.A.(HI) ...... LamiaceaeÐMint ... E ...... NA NA racemosa.

******* Phyllostegia velutina None ...... U.S.A.(HI) ...... LamiaceaeÐMint ... E ...... NA NA

******* Phyllostegia None ...... U.S.A. (HI) ...... LamiaceaeÐMint ... E ...... NA NA warshaueri. 49392 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules

Species Historic range Family Status When listed Critical habi- Special Scientific name Common name tat rules

******* Pleomele Hala pepe ...... U.S.A.(HI) ...... AgavaceaeÐAgave E ...... NA NA hawaiiensis.

******* Pritchardia Loulu ...... U.S.A.(HI) ...... ArecaceaeÐPalm .. E ...... NA NA schattaueri.

******* Sicyos alba ...... 'Anunu ...... U.S.A.(HI) ...... CurcurbitaceaeÐ E ...... NA NA Gourd.

******* Zanthoxylum A'e ...... U.S.A.(HI) ...... RutaceaeÐCitrus ... E ...... NA NA dipetalum var. tomentosum.

*******

Dated: August 18, 1995. John G. Rogers, Acting Director, Fish and Wildlife Service. [FR Doc. 95–23646 Filed 9–22–95; 8:45 am] BILLING CODE 4310±55±P 49393

Notices Federal Register Vol. 60, No. 185

Monday, September 25, 1995

This section of the FEDERAL REGISTER non-significant amendments to the issues and to refine the general, contains documents other than rules or plans. tentative issues identified above. People proposed rules that are applicable to the Lands affected are riparian areas may visit with Forest Service officials at public. Notices of hearings and investigations, within the entire Beaverhead National any time during the analysis and prior committee meetings, agency decisions and Forest, and all of the Deerlodge except to the decision. Two periods are rulings, delegations of authority, filing of petitions and applications and agency the Elkhorn Wildlife Management Unit. specifically designated for comments on statements of organization and functions are The analysis will include Bureau of the analysis: (1) During the scoping examples of documents appearing in this Land Management (BLM) lands located process and (2) during the draft EIS section. within grazing allotments administered comment period. jointly by the Forest Service and BLM. During the scoping process, the Forest The affected lands are roughly within 75 Service is seeking information and DEPARTMENT OF AGRICULTURE air miles of Dillon, Montana, or within comments from Federal, State, and local 65 air miles of Butte, Montana. Riparian agencies and other individuals or Forest Service areas comprise about 5% of the total organizations who may be interested in forest acreage. or affected by the proposed action. The Beaverhead and Deerlodge Forest Plan A lawsuit against the Beaverhead United States Fish and Wildlife Service Amendments; Beaverhead and Most of National Forest grazing program will be consulted concerning effects to Deerlodge National Forests; resulted in a court approved settlement threatened and endangered species. A Beaverhead, Madison, Gallatin, Silver agreement stipulating that the Forest scoping document will be prepared and Bow, Deerlodge, Powell, Granite and would propose an amendment to the mailed to parties known to be interested Jefferson Counties, Montana Forest Plan to incorporate revised in the proposed action by September 29, AGENCY: Forest Service, USDA. riparian guidelines. 1995. The agency invites written Since the Beaverhead Forest Plan was comments and suggestions on this ACTION: Notice; intent to prepare environmental impact statement. adopted in 1986, monitoring has shown action, particularly in terms of ‘‘(t)he one quantifiable forest plan identification of issues and alternative SUMMARY: The Forest Service will standard (Range #7) is not adequately development. prepare an environmental impact protecting riparian dependent values’’ In addition to the proposed action, a statement (EIS) to amend the Forest (1993 Beaverhead National Forest Land range of alternatives will be developed Plans of the Beaverhead and Deerlodge and Resource Management Plan Five in response to issues identified during National Forests to include further Year Review). scoping. One of these will be the ‘‘no- riparian area direction. The purpose is The Beaverhead Forest Supervisor action’’ alternative, in which no changes to determine what combination of goals, recommended to ‘‘Amend the Forest would be made to the forest plans. The objectives and standards will restore Plan to include specific riparian goals Forest Service will analyze and and/or maintain riparian function. and objectives (including Desired document the direct, indirect, and DATES: Initial comments concerning the Future Condition statements describing cumulative effects of all alternatives. scope of the analysis should be received a fully functioning riparian ecosystem). The Forest Service will continue to in writing no later than November 15, In the Forest Plan, detail the analysis involve the public and will inform 1995. process (through a procedural guideline interested and affected parties as to how and an appendix document) to be used they may participate and contribute to ADDRESSES: Send written comments to in the determination of site specific the final decision. Another formal Deborah L.R. Austin, Forest Supervisor, riparian management in the opportunity for response will be Beaverhead National Forest, 420 Barrett development of Allotment Management provided following completion of a Street, Dillon, MT, 59725. Plans.’’ DEIS. FOR FURTHER INFORMATION CONTACT: The Deerlodge Forest Plan was The draft EIS should be available for Diane Petroni, Environmental Analysis adopted in 1987. Since then, monitoring review in November, 1996. The final EIS Team Leader, Madison Ranger District, has been conducted to determine and is scheduled for completion in August, 5 Forest Service Road, Ennis, MT, evaluate the effects of management 1997. 59729, or phone: (406)682–4253. practices. Based on initial findings, The comment period on the draft EIS SUPPLEMENTARY INFORMATION: The Forest riparian standard #8, which states will be 45 days from the date the Service proposes to amend the grazing utilization standards in riparian Environmental Protection Agency Beaverhead and Deerlodge Forest Plans areas, does not appear to meet the publishes the notice of availability in to include a goal statement calling for physical and biological needs of all the Federal Register. restoration and maintenance of riparian riparian areas within grazing allotments. The Forest Service believes it is function of all streams on the forest. Potential issues identified are the important to give reviewers notice at Also included would be objectives effects of the amendment on sensitive this early stage of several court rulings stated as parameters within which and other fish species, water quality, related to public participation in the riparian attributes would need to fall for economics, wildlife habitat, recreation environmental review process. First, the stream to be considered functioning. opportunity, lifestyle, and grazing reviewers of draft environmental impact The only numerical standard would be capacity. statements must structure their a riparian forage utilization table Public participation will be important participation in the environmental applied to areas without site-specific to the analysis. Part of the goal of public review of the proposal so it is riparian direction. This would result in involvement is to identify additional meaningful and alerts an agency to the 49394 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices reviewer’s position and contentions. ACTION: Notice of intent to supplement completion of the final environmental Vermont Yankee Nuclear Power Corp. v. a final environmental impact statement. impact statement. City of Angoon v. NRDC, 435 U.S. 519, 553 (1978). Also, Hodel, (9th Circuit, 1986) and environmental objections that could be SUMMARY: The Forest Service will Wisconsin Heritages, Inc. v. Harris, 490 raised at the draft environmental impact prepare a supplement to the final F. Supp. 1334, 1338 (E.D. Wis. 1980). statement stage but are not raised until environmental impact statement for the Because of these court rulings, it is very after completion of the final Illinois Creek Timber Sale located on important that those interested in this environmental impact statement may be the Gunnison National Forest, Cebolla/ proposed action participate by the close waived or dismissed by the courts. City Taylor River Ranger District. of the comment period (October 6, 1995) of Angoon v. Hodel, 803 F.2d 1016, DATES: Comments concerning the scope so that substantive comments and 1022 (9th Cir. 1986) and Wisconsin and issues of the analysis should be objections are made available to the Heritages, Inc. v. Harris, 490 F. Supp. received by October 6, 1995; Publication Forest Service at a time when it can 1334, 1338 (E.D. Wis. 1980). Because of of Supplement to Final EIS: November, meaningfully consider them and these court rulings, it is very important 1995. respond to them in the supplement to those interested in this proposed action ADDRESSES: Send written comments to the final environmental impact participate by the close of the 45-day James Dawson, District Ranger, Cebolla/ statement. comment period so substantive Taylor River Ranger District, 216 North To assist the Forest Service in comments and objections are made Colorado, Gunnison, CO 81230. identifying and considering issues and available to the Forest Service at a time FOR FURTHER INFORMATION CONTACT: concerns on the proposed action, when it can meaningfully consider them Arthur Haines, Forester, Cebolla/Taylor comments on the final environmental and respond to them in the final River Ranger District, 216 North impact statement should be as specific environmental impact statement. Colorado, Gunnison, CO 81230, (303) as possible. It is also helpful if To assist the Forest Service in 641–0471. comments refer to specific pages or identifying and considering issues and SUPPLEMENTARY INFORMATION: The Forest chapters of the final environmental concerns on the proposed action, Service is proposing to prepare a impact statement or the merits of the comments on the draft environmental supplement to the Final environmental alternatives formulated and discussed in impact statement should be as specific impact statement for the Illinois Creek the statement. Reviewers may wish to as possible. It is also helpful if Timber Sale. The biological assessment refer to the Council on Environmental comments refer to specific pages or and evaluation will be revised to meet Quality Regulations for implementing chapters of the draft statement. current standards and issues raised the procedural provisions of the Comments may also address the during appeal of the Final National Environmental Policy Act at 40 adequacy of the draft environmental environmental impact statement will be CFR 1503.3 in addressing these points. impact statement or the merits of the reviewed. A new decision will be made The responsible official for this alternatives formulated and discussed in on whether to proceed with the project. supplement to the final environmental the statement. Reviewers may wish to The original Notice of Intent for this impact statement is Robert L. Storch, refer to the Council on Environmental project was published in the Federal Forest Supervisor, Grand Mesa, Quality Regulations for implementing Register Vol. 57, No. 76, Monday April Uncompahgre and Gunnison National the procedural provisions of the 20, 1992, Pages 14383–14384. A Record Forests, 2250 Highway 50, Delta, National Environmental Policy Act at 40 of Decision and Final environmental Colorado 81416. CFR 1503.3 in addressing these points. impact statement were approved June 9, Dated: September 15, 1995. The Forest Supervisors of the 1995. This decision was appealed and Robert L. Storch, Beaverhead and Deerlodge National the decision voluntarily withdrawn on Forest Supervisor. Forests are the responsible officials who September 8, 1995. The deficiencies [FR Doc. 95–23730 Filed 9–22–95; 8:45 am] identified in the appeal will be will make the decision. They will BILLING CODE 3410±11±M decide on this proposal after corrected in the Supplement to the Final considering comments and responses, Environmental Impact Statement. environmental consequences discussed The comment period on the final Deschutes Provincial Interagency in the Final EIS, and applicable laws, environmental impact statement will be Executive Committee (PIEC), Advisory regulations, and policies. The decision 45 days from the date the Committee and reasons for the decision will be Environmental Protection Agency’s AGENCY: documented in a Record of Decision. notice of availability appears in the Forest Service, USDA. Federal Register. ACTION: Notice of meeting. Dated: September 18, 1995. The Forest Service believes, at this Deborah L.R. Austin, early state, it is important to give SUMMARY: The Deschutes PIEC Advisory Forest Supervisor, Beaverhead National reviewers notice of several court rulings Committee will meet on October 12 & 13 Forest and Acting Forest Supervisor, related to public participation in the 1995 at the BLM office in Prineville, Deerlodge National Forest. environmental review process. First, Oregon. October 12 will be a field trip [FR Doc. 95–23655 Filed 9–22–95; 8:45 am] reviewers of draft environmental impact to view selected riparian areas on BLM BILLING CODE 3410±11±M statements must structure their and Forest Service land. October 13 will participation in the environmental be a regular business meeting. Start time review of the proposal so that it is is 9:00 a.m. both days. Agenda items Environmental Impact Statement for meaningful and alerts an agency to the include: (1) Properly functioning the Illinois Creek Timber Sale, Grand reviewer’s position and contentions. conditions in riparian areas of the Mesa, Uncompahgre and Gunnison Vermont Yankee Nuclear Power Corp. v. Province; (2) New range responsibilities National Forests, Gunnison County, NRDG, 435 U.S. 519, 553 (1978). Also, for the Advisory Committee; (3) An CO environmental objections that could update on the salvage program on have been raised at the draft stage may Province forests; and (4) Open public AGENCY: Forest Service, USDA. be waived if not raised until after forum. All Deschutes Province Advisory Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices 49395

Committee meetings are open to the maintained, thereby protecting the loan Library of Congress, Newspaper and public. collateral. An O&M review is also used Current Periodicals Reading Room, FOR FURTHER INFORMATION CONTACT: to rate facilities and can be used for Room LM133, Madison Building, 1st Harry Hoogesteger, Province Liaison, appraisals of collateral as prescribed by and Independence Avenues, SE., USDA, Fort Rock Ranger District, 1230 Office of Management and Budget Washington, DC 20540 N.E. 3rd, Bend, Oregon 97701, 503–383– (OMB) Circular A–129, Policies for Department of Commerce, Central 4704. Federal Credit Programs and Non-Tax Reference and Records Inspection Receivables. Facility, Room 6020, Herbert C. Dated: September 20, 1995. Estimate of Burden: Public Reporting Hoover Building, 14th and Sally Collins, burden for this collection of information Constitution Avenue, NW., Deschutes National Forest Supervisor. is estimated to average 4 hours per Washington, DC 20230, telephone [FR Doc. 95–23705 Filed 9–22–95; 8:45 am] response. (202) 482–4115. BILLING CODE 3410±11±M Respondents: Businesses or other for- SUPPLEMENTARY INFORMATION: The profit, small businesses or reports cover the closed and partially organizations. closed meetings held in FY 94 of 34 Rural Utilities Service Estimated Number of Respondents: committees and one subcommittee, the 280 names of which are listed below: Notice of Request for Extension and Estimated Number of Responses per Revision of a Currently Approved Respondent: 1 Board of Overseers of the Malcolm Information Collection Estimated Total Annual Burden on Baldrige National Quality Award Respondents: 1,120 Committee of Chairs of Industry AGENCY: Rural Utilities Service, USDA. Copies of this information collection, Advisory Committees for Trade Policy ACTION: Notice and request for and related form and instructions, can Matters (TPM) comments. be obtained from Dawn Wolfgang, Computer Systems Technical Advisory Program Support Staff, at (202) 720– Committee SUMMARY: In accordance with the Electronic Technical Advisory Paperwork Reduction Act of 1995, this 0812. Comments: Send comments regarding Committee notice announces the Rural Utilities this burden estimate, including Industry Sector Advisory Committee Service’s (RUS) intentions to request an suggestions for reducing this burden (ISAC) on Aerospace Equipment for extension for and revision to currently through the use of automated collection Trade Policy Matters (TPM) approved information collection. techniques or other information ISAC on Building Products and Other DATES: Comments on this notice must be technology, to: Materials for TPM received by November 24, 1995. F. Lamont Heppe, Jr., Deputy Director, ISAC on Capital Goods for TPM FOR FURTHER INFORMATION CONTACT: Program Support Staff, Rural Utilities ISAC on Chemicals and Allied Products Dawn D. Wolfgang, Management Service, U.S. Department of Agriculture, for TPM Analyst, Program Support Staff, Rural 14th & Independence Ave., SW., AG ISAC on Consumer Goods for TPM Utilities Service, U.S. Department of Box 1522, Washington, DC 20250–1522. ISAC on Electronics and Agriculture, 14th & Independence Ave., FAX: (202) 720–4120. Instrumentation for TPM SW., AG Box 1522, Washington, DC All responses to this notice will be ISAC on Energy for TPM 20250–1533. Telephone: (202) 720– summarized and included in the request ISAC on Ferrous Ores and Metals for 0812. FAX: (202) 720–4120. for OMB approval. All comments will TPM also become a matter of public record. ISAC on Footwear, Leather, and Leather SUPPLEMENTARY INFORMATION: Dated: September 18, 1995. Products for TPM Title: Review Rating Summary. ISAC on Lumber and Wood Products for Wally Beyer, OMB Number: 0572–0025. TPM Expiration Date of Approval: Administrator, Rural Utilities Service. ISAC on Nonferrous Ores and Metals for December 31, 1995. [FR Doc. 95–23648 Filed 9–22–95; 8:45 am] TPM Type of Request: Extension and BILLING CODE 3410±15±P ISAC on Paper and Paper Products for revision of a currently approved TPM information collection. ISAC on Services for TPM Abstract: The Rural Utilities Services DEPARTMENT OF COMMERCE ISAC on Small and Minority Business (RUS) manages loan programs in for TPM accordance with the Rural Office of the Secretary ISAC on Textiles and Apparel for TPM Electrification Act of 1936, 7 U.S.C. 901 ISAC on Transportation, Construction, Advisory Committees; Availability of et seq., as amended. An important part and Agricultural Equipment for TPM Report on Closed Meetings of safeguarding loan security is to see ISAC on Wholesaling and Retailing for that RUS financed facilities are being AGENCY: Department of Commerce. TPM responsibly used, adequately operated, ACTION: Announcing public availability Industry Functional Advisory and adequately maintained. Future of report on closed meetings of advisory Committee on Customs Matters for needs have to be anticipated to ensure committees. TPM that facilities will continue to produce Industry Functional Advisory revenue and that loans will be repaid as SUMMARY: The Department of Commerce Committee on Intellectual Property required by the RUS mortgage. A has prepared its report on the activities Rights for TPM periodic operations and maintenance of closed or partially closed meetings of Industry Functional Advisory (O&M) review, using the RUS Form 300, advisory committees as required by the Committee on Standards for TPM in accordance with RUS Bulletin 161– Federal Advisory Committee Act. Industry Policy Advisory Committee for 5, is an effective means for RUS to ADDRESSES: Copies of the reports have Trade Policy Matters determine whether the borrowers’ been filed and are available for public Judges Panel of the Malcolm Baldrige systems are being properly operated and inspection at two locations: National Quality Award 49396 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices

Materials Technical Advisory Description: This NIST invention is a Administration (NOAA), Department of Committee method to control friction and wear of Commerce. National Medal of Technology titanium and its alloys through the use ACTION: Florida Keys National Marine Nomination Evaluation Committee of novel coatings. The coatings contain Sanctuary Advisory Council (SAC) National Technical Information Service epoxide polymers with anti-wear fillers. notice of open meeting. Advisory Board NIST Docket No. 95–034CIP Regulations and Procedures Technical SUMMARY: The Council was established Advisory Committee Title: Overlay Target and in December 1991 to advise and assist Sensors Technical Advisory Committee Measurement Procedure to Enable Self- the Secretary of Commerce in the Subcommittee on Export Correction for Wafer-Induced and Tool- development and implementation of the Administration, President’s Export Induced Shift by All-Imaging-Sensor comprehensive management plan for Council Means. the Florida Keys National Marine Telecommunications Equipment Description: The estimates of overlay Sanctuary. Technical Advisory Committee extracted by a metrology instrument TIME AND PLACE: October 5, 1995, from Transportation and Related Equipment from standard targets on IC wafers are 8:30 a.m. until noon. The meeting Technical Advisory Committee ordinarily burdened by difficult-to- location will be at the Monroe County U.S. Automotive Parts Advisory estimate systematic errors called shifts. Government Center, 2796 Overseas Committee The first of two parts of this invention Highway, Marathon, Florida. Visiting Committee on Advanced is to replacement of a standard overlay Technology target used in normal IC fabrication AGENDA: Updates on the ten SAC action FOR FURTHER INFORMATION CONTACT: practice with multiple instances of a so- plan working groups. Victoria A. Kurk, Management Analyst, called target unit. The referenced target PUBLIC PARTICIPATION: The meeting will Office of the Secretary, Department of units constitute a single so-called self- be open to public participation. Public Commerce, Washington, DC 20230, calibrating optical-overlay target comment will be received from 11:30 Telephone (202) 482–4115. structure. Each target unit is a standard until noon. Seats will be set aside for Dated: September 18, 1995. target having an additional grouping of the public and the media. Seats will be available on a first-come first-served Victoria A. Kruk, features called a null-detector subsystem. The null-detector basis. Office of Executive Assistance Management. subsystems embodied in the new self- FOR FURTHER INFORMATION CONTACT: [FR Doc. 95–23654 Filed 9–22–95; 8:45 am] calibrating optical-overlay target June Cradick at (305) 743–2437. BILLING CODE 3510±FA±M structure enable the extraction of zero- Dated: September 19, 1995. overlay indices. The second part of the invention includes modification to the (Federal Domestic Assistance Catalog National Institute of Standards and Number 11.429 Marine Sanctuary Program) metrology instrument’s target scanning Technology and imaging systems to provide David L. Evans, Acting Assistant Administrator for Ocean Government Owned Inventions supplementary inspection of the null- detector susystems. The zero-overlay Services and Coastal Zone Management. AGENCY: National Institute of Standards indices, when analyzed in conjunction [FR Doc. 95–23722 Filed 9–22–95; 8:45 am] and Technology, Commerce. with the burdened overlay estimates BILLING CODE 3510±08±M ACTION: Notice of Government owned extracted from the corresponding inventions available for licensing. multiple instances of the standard targets within the same self-calibrating DEPARTMENT OF DEFENSE SUMMARY: The inventions listed below optical-overlay target structure, enable are owned by the U.S. Government, as an estimate of the shift affecting the Office of the Secretary represented by the Department of overlay measurements. The unique Commerce, and are available for Defense Policy Board Advisory novelty of providing self-calibration of Committee licensing in accordance with 35 U.S.C. the metrology instrument, with respect 207 and 37 CFR Part 404 to achieve to shift, on the same substrate as that ACTION: Notice of Advisory Committee expeditious commercialization of from which overlay estimates are sought meeting. results of federally funded research and by the user has significant commercial development. importance. SUMMARY: The Defense Policy Board FOR FURTHER INFORMATION CONTACT: Advisory Committee will meet in closed Technical and licensing information on Dated: September 15, 1995. session on 3–4 October 1995 from 0800 these inventions may be obtained by Samuel Kramer, until 1700 in the Pentagon, Washington, writing to: Marcia Salkeld, National Associate Director. DC. Institute of Standards and Technology, [FR Doc. 95–23639 Filed 9–22–95; 8:45 am] The mission of the Defense Policy Office of Technology Partnerships, BILLING CODE 3510±13±M Board is to provide the Secretary of Physics Building, Room B–256, Defense, Deputy Secretary of Defense Gaithersburg, MD 20899; Fax 301–869– and the Under Secretary of Defense for 2751. Any request for information National Oceanic And Atmospheric Policy with independent, informed should include the NIST Docket No. and Administration advice and opinion concerning major Title for the relevant invention as Open Meeting Florida Keys National matters of defense policy. At this indicated below. Marine Sanctuary Advisory Committee meeting the Board will hold classified SUPPLEMENTARY INFORMATION: The discussions on national security inventions available for licensing are: AGENCY: Sanctuaries and Reserves matters. Division (SRD), Office of Ocean and In accordance with Section 10(d) of NIST Docket No. 94–031 Coastal Resource Management (OCRM), the Federal Advisory Committee Act, Title: Friction and Wear Resistant National Ocean Service (NOS), National Public Law No. 92–463, as amended [5 Coatings For Titanium and Its Alloys. Oceanic and Atmospheric U.S.C. App. II (1982)], it has been Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices 49397 determined that this Defense Policy Chief, U.S. Strategic Command, during Management Office in writing, at least five Board meeting concerns matters listed the development of the nation’s strategic days prior to the meeting of their intention in 5 U.S.C. 552b(c)(1) (1982), and that warplans. At this meeting, the SAG will to attend the 28 October meeting. accordingly this meeting will be closed discuss strategic issues that relate to the 4. Any members of the public may file a written statement with the Committee before, to the public. development of the Single Integrated during or after the meeting. To the extent that Dated: September 20, 1995. Operational Plan (SIOP). Full time permits the Committee Chairman may Patricia L. Toppings, development of the topics will require allow public presentations of oral statements discussion of information classified Alternate OSD Federal Register Liaison at the meeting. Officer, Department of Defense. TOP SECRET in accordance with 5. All communications regarding this Executive Order 12356, April 2, 1982. Advisory Committee should be addressed to [FR Doc. 95–23695 Filed 9–22–95; 8:45 am] Access to this information must be Dr. Jeffrey J. Clarke, U.S. Army Center of BILLING CODE 5000±04±M strictly limited to personnel having Military History, Franklin Court Building, requisite security clearances and 1099 14th Street, NW., Washington, DC 20005–3402. Telephone number, (202) 504– Defense Science Board Task Force on specific need-to-know. Unauthorized 5402. disclosure of the information to be International Arms Cooperation Gregory D. Showalter, discussed at the SAG meeting could ACTION: Notice of Advisory Committee have exceptionally grave impact upon Army Federal Register Liaison Officer. Meeting. national defense. [FR Doc. 95–23653 Filed 9–22–95; 8:45 am] In accordance with section 10(d) of BILLING CODE 3710±08±M SUMMARY: The Defense Science Board the Federal Advisory Committee Act, Task Force on International Arms Public Law 92–463, as amended (5 Cooperation will meet in closed session U.S.C. App II (1988), it has been Availability for Non-Exclusive, on October 19–20 and November 20–21, determined that this SAG meeting Exclusive, or Partially Exclusive 1995 at the Pentagon, Arlington, concerns matters listed in 5 U.S.C. Licensing of U.S. Patent Application Virginia. 552b(c)(1) (1988), and that, accordingly, Concerning a Recombinant Vaccine The mission of the Defense Science this meeting will be closed to the Against Dengue Virus Board is to advise the Secretary of public. Defense through the Under Secretary of AGENCY: U.S. Army Medical Research Defense for Acquisition and Technology Dated: September 20, 1995. and Materiel Command, DoD. on scientific and technical matters as Patricia L. Toppings, ACTION: Notice. they affect the perceived needs of the Alternate OSD Federal Register Liaison Officer, Department of Defense. SUMMARY: In accordance with 37 CFR Department of Defense. At these 404.6, announcement is made of the [FR Doc. 95–23696 Filed 9–22–95; 8:45 am] meetings the Task Force will develop a availability for licensing of U.S. Patent generic model of international arms BILLING CODE 5000±04±M Application Serial No. 08/433,263, cooperation for the 21st century and entitled ‘‘Recombinant Vaccine Made in also identify specific management Department of the Army E. coli Against Dengue Virus’’, and filed actions that must be implemented to May 2, 1995. This patent has been allow successful program execution on Advisory Committee Meeting Notice assigned to the United States international efforts. Government as represented by the In accordance with Section 10(d) of AGENCY: U.S. Army Center of Military Secretary of the Army. the Federal Advisory Committee Act, History. ADDRESSES: Commander, U.S. Army Public Law No. 92–463, as amended (5 ACTION: Notice of meeting. U.S.C. App. II (1988)), it has been Medical Research and Materiel determined that these DSB Task Force 1. In accordance with Section 10(a)(2) Command, Attn: Staff Judge Advocate, meetings concern matters listed in 5 of the Federal Advisory Committee Act Fort Detrick, Frederick, Maryland U.S.C. § 552b(c)(1)(1988), and that (P.L. 92–463), announcement is made of 21702–5012. accordingly these meetings will be the following committee meeting: FOR FURTHER INFORMATION CONTACT: closed to the public. Mr. John F. Moran, Patent Attorney, Name of Committee: Department of (301) 619–2065 or telefax (301) 619– Dated: September 20, 1995. Defense Historical Advisory Committee. Date: 28 October 1995. 7714. Patricia L. Toppings, Place: Franklin Court Building, U.S.Army SUPPLEMENTARY INFORMATION: The Alternate OSD Federal Register Liaison Center of Military History, 1099 14th Street invention relates to the development of Officer, Department of Defense. NW, 2nd Floor, Washington, D.C. 20005– a recombinant vaccine for dengue [FR Doc. 95–23694 Filed 9–22–95; 8:45 am] 3402. viruses in which gene fragments BILLING CODE 5000±04±M Time: 0900–1500. encoding important structural and non- Proposed Agenda: Review and discussion structural proteins were expressed in of the status of historical activities in the U.S. Army. Escherichia coli as fusion proteins with U.S. Strategic Command Strategic Staphylococcal protein A. The Advisory Group 2. Purpose of meeting: The Committee will review the Army’s historical activities for Recombinant fusion proteins were AGENCY: Department of Defense, FY95 and those projected for FY96 based on purified, analyzed for antigenicity, USSTRATCOM. reports and manuscripts received throughout immunogenicity, and their ability to the period and formulate recommendations ACTION: Notice. protect mice against lethal challenge through the Chief of Military History to the with live dengue (DEN) viruses. Chief of Staff, Army, and the Secretary of the SUMMARY: The Strategic Advisory Group Antigenicity was found with anti-DEN Army for advancing the use of history in the (SAG) will meet in closed session on U.S. Army. polyclonal and monoclonal antibodies. October 19 and 20, 1995. The mission 3. Meeting of the Advisory Committee is Mice immunized with the purified of the SAG is to provide timely advice open to the public. Due to space limitations, fusion protein made anti-DEN on scientific, technical, and policy- attendance may be limited to those persons antibodies measured by the related issues to the Commander in who have notified the Advisory Committee hemagglutination-inhibition and 49398 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices neutralization tests, and were solidly SYSTEM LOCATION: Southeast, Kirtland Air Force Base, NM protected against lethal challenge with Field Command, Defense Nuclear 87117–5669. DEN viruses administered by Agency, Defense Nuclear Weapons NOTIFICATION PROCEDURE: intracranial inoculation. School, Kirtland Air Force Base, NM Gregory D. Showalter, 87117–5669. Individuals seeking to determine whether information about themselves Army Federal Register Liaison Officer. CATEGORIES OF INDIVIDUALS IN THE SYSTEM: is contained in this system should [FR Doc. 95–23652 Filed 9–22–95; 8:45 am] Any student attending the Defense address written inquiries to Field BILLING CODE 3710±08±M Nuclear Weapons School. Command Defense Nuclear Weapons School, Defense Nuclear Agency, 1900 CATEGORIES OF RECORDS IN THE SYSTEM: Defense Nuclear Agency Wyoming Boulevard, Southeast, Student academic records consisting Kirtland Air Force Base, NM 87117– of course completion; locator Privacy Act of 1974; Notice To Add a 5669. information; and related information. System of Records Individuals should provide their AUTHORITY FOR MAINTENANCE OF THE SYSTEM: name, address, and proof of identity AGENCY: Defense Nuclear Agency, DOD. (photo identification for in person 5 U.S.C. 301, 302, 4103 and E.O. 9397. ACTION: Notice to add a system of access). records. PURPOSE(S): RECORD ACCESS PROCEDURES: To determine applicant eligibility, as SUMMARY: The Defense Nuclear Agency a record of attendance and training, Individuals seeking access to proposes to add a system of records to completion or elimination, as a locator, information about themselves contained its inventory of systems of records and a source of statistical information. in this system should address written notices subject to the Privacy Act of inquiries to the Field Command Defense 1974 (5 U.S.C. 552a), as amended. ROUTINE USES OF RECORDS MAINTAINED IN THE Nuclear Weapons School, Defense DATES: This action will be effective SYSTEM, INCLUDING CATEGORIES OF USERS AND Nuclear Agency, 1900 Wyoming without further notice on October 25, THE PURPOSES OF SUCH USES: Boulevard, Southeast, Kirtland Air 1995, unless comments are received that In addition to those disclosures Force Base, NM 87117–5669. would result in a contrary generally permitted under 5 U.S.C. Individuals should provide name, determination. 552a(b) of the Privacy Act, these records Social Security Number, current ADDRESSES: Send comments to General or information contained therein may address, and sufficient information to Counsel, Defense Nuclear Agency, 6801 specifically be disclosed outside the permit locating the record. Telegraph Road, Alexandria, VA 22310– DoD as a routine use pursuant to 5 For personal visits, the individual 3398. U.S.C. 552a(b)(3) as follows: should provide military or civilian The ’Blanket Routine Uses’ published FOR FURTHER INFORMATION CONTACT: Ms. identification card. Sandy Barker at (703) 325–7681. at the beginning of DNA’s compilation of systems of records notices apply to CONTESTING RECORD PROCEDURES: SUPPLEMENTARY INFORMATION: The this system. The DNA rules for contesting contents complete inventory of Defense Nuclear and appealing initial agency Agency systems of records notices POLICIES AND PRACTICES FOR STORING, determinations are published in DNA subject to the Privacy Act of 1974, (5 RETRIEVING, ACCESSING, RETAINING, AND Instruction 5400.11A; 32 CFR part 318; U.S.C. 552a), as amended, have been DISPOSING OF RECORDS IN THE SYSTEM: or may be obtained from the system published in the Federal Register and STORAGE: manager or the General Counsel, are available from the above address. Maintained in paper files and on Headquarters, Defense Nuclear Agency, The proposed system report, as computer media. 6801 Telegraph Road, Alexandria, VA required by 5 U.S.C. 552a(r) of the 22310–3398. RETRIEVABILITY: Privacy Act of 1974, as amended, was RECORD SOURCE CATEGORIES: submitted on September 12, 1995, to the Information may be retrieved by name Committee on Government Reform and or Social Security Number. From the individual. Oversight of the House of SAFEGUARDS: EXEMPTIONS CLAIMED FOR THE SYSTEM: Representatives, the Committee on Records are maintained in locked None. Governmental Affairs of the Senate, and cabinets. The computer terminals are [FR Doc. 95–23697 Filed 9–22–95; 8:45 am] the Office of Management and Budget located in restricted areas accessible BILLING CODE 5000±04±F (OMB) pursuant to paragraph 4c of only to authorized personnel. Buildings Appendix I to OMB Circular No. A–130, are protected by security guards and an ‘Federal Agency Responsibilities for intrusion alarm system. Department of the Navy Maintaining Records About Individuals,’ dated July 15, 1994 (59 FR RETENTION AND DISPOSAL: Public Hearing for Draft Environmental 37906, July 25, 1994). Individual academic records are Impact Statement on Realignment of Dated: September 15, 1995. retained for 40 years, 3 of which are at Naval Air Station Miramar, CA the school. They are subsequently retired to the National Personnel Pursuant to Council on Environmental Quality regulations (40 Patricia L. Toppings, Records Center. Other records are retained until no longer needed and CFR Parts 1500–1508) implementing Alternate OSD Federal Register Liaison procedural provisions of the National Officer, Department of Defense. destroyed. Environmental Policy Act, the Marine SYSTEM MANAGER(S) AND ADDRESS: HDNA014 Corps has prepared and filed with the Field Command Defense Nuclear U.S. Environmental Protection Agency SYSTEM NAME: Weapons School, Defense Nuclear the Draft Environmental Impact Student Records. Agency, 1900 Wyoming Boulevard, Statement (DEIS) for realignment of Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices 49399

Naval Air Station (NAS) Miramar, Dated: September 19, 1995. on the undeveloped area at Jacksonville California. Robert Watkins, Road and Street Road frontages; park A public hearing to inform the public Head, Land Use and Military Construction and recreation uses (258 acres); of the DEIS findings and to solicit Branch, Facilities and Services Division, university/institutional land (84 acres) comments will be held on October 18, Installations and Logistics Department. to support a new college with 1995, beginning at 6:00 pm, in the By direction of the Commandant of the approximately 2,000 students; and a Tierrasanta Elementary School Marine Corps. major new spine road linking the site Auditorium, located at 5450 La Quenta [FR Doc. 95–23669 Filed 9–22–95; 8:45 am] and providing new access points to the Drive, San Diego, California. BILLING CODE 3810±AE±P site. Other reuse plan elements include The public hearing will be conducted the following: senior congregate care by the Marine Corps. Federal, state, and site (38 acres) providing health and local agencies and interested parties are Notice of Intent To Prepare an living care opportunities; Navy retained invited and urged to be present or Environmental Impact Statement for housing; residential lands (39 acres) in represented at the hearing. Oral Proposed Disposal and Reuse of the Ivyland Borough; municipal lands for statements will be heard and transcribed Naval Air Warfare Center Aircraft Warminster Township use (24 acres); by a stenographer; however, to assure Division, Warminster, PA hotel/conference center site (10 acres); accuracy of the record, all statements and additional lands for roadways and should be submitted in writing. All Pursuant to the National easements. statements, both oral and written, will Environmental Policy Act (NEPA) as The EIS to be prepared by the Navy become part of the public record on this implemented by the Council on will address the following known areas study. Equal weight will be given to Environmental Quality (CEQ) of concern: effects of new development both oral and written statements. regulations (40 CFR Parts 1500–1508), at the NAWCAD on the regional In the interest of available time, each the Department of the Navy announces socioeconomic environment, potential speaker will be asked to limit their oral its intent to prepare an Environmental effects on infrastructure and comments to five minutes. If longer Impact Statement (EIS) to evaluate the transportation systems, and the effects statements are to be presented, they potential environmental effects of the of reuse on any historic properties on- should be summarized at the public disposal and reuse of the Naval Air site. Additionally, potential impacts to hearing and submitted in writing either Warfare Aircraft Center Aircraft the natural environment that will be at the hearing or mailed to the address Division (NAWCAD), Warminster, addressed in the EIS include, but are not listed at the end of this announcement. Pennsylvania. The NAWCAD is located limited to, air quality, water quality, All written statements must be in Bucks County approximately 18 hazardous materials, wetlands, and postmarked by October 29, 1995, to miles north of Center City Philadelphia endangered species. become part of the official record. and 15 mile west of the New Jersey/ The Navy will initiate a scoping The DEIS has been distributed to Pennsylvania state line. The NAWCAD’s process for the purposes of determining various Federal, State, and local mission has been the principal Navy the scope of issues to be addressed and agencies, elected officials, and civic research, development, test and for identifying significant issues related associations and groups. A limited evaluation center for naval aircraft to the proposed reuse. The Navy will number of single copies are available at systems, and for airborne and anti- hold a public scoping meeting on the address listed at the end of this submarine warfare systems. Wednesday, October 12, 1995, notice. In accordance with the decision of the beginning at 7:30 pm at the Longstreth In accordance with the Defense Base Base Closure and Realignment Elementary School, 999 Roberts Closure and Realignment Act of 1990 Commission in 1993 and 1995, acting Avenue, Warminster, Pennsylvania. and the specific base closure and under the provisions of the 1988 Base This notice will also appear in local realignment decisions approved by the Close and Realignment Commission Act papers. president and accepted by Congress in (commonly known as the BRAC A brief presentation will precede a September 1995, the proposed action is legislation), the Navy plans to close and request for public comment and will the realignment or conversion of NAS dispose of the NAWCAD. The majority include a general description of the Miramar to Marine Corps Air Station of the existing aircraft systems research, proposed reuse plan developed by the (MCAS) Miramar. The proposed action development, test, and evaluation Bucks County Economics Adjustment relocates aircraft and associated assets (RDT&E) functions are to be relocated to Committee. Navy representatives will be from MCAS Tustin and MCAS El Toro, the Naval Air Test Center, Patuxent available at this meeting to receive which are closing, to NAS Miramar. River, Maryland. The proposed action to comments from the public regarding Alternatives considered in the DEIS be analyzed in the EIS involves the issues of concern to the public. It is include: no action, relocation of aircraft disposal of land, buildings, and important that federal, state and local and assets to other air stations that meet infrastructure for subsequent reuse. agencies and interested individuals take operational requirements, and A reuse plan developed by the Bucks this opportunity to identify relocation of aircraft and assets to NAS County Economic Adjustment environmental concerns that should be Miramar. Alternative configurations of Committee (EAC) and Base Reuse addressed during the preparation of the facilities at NAS Miramar were also Subcommittee will be the preferred EIS. In the interest of available time, evaluated. The proposed action will alternative presented in the EIS. The each speaker will be asked to limit oral have impacts on noise, endangered proposed reuse plan is designed to be comments to 5 minutes. species, and air quality. market-driven, to capitalize on the site’s Agencies and the public are also Additional information concerning assets, and minimize the impacts of the invited and encouraged to provide this notice may be obtained by site’s constraints. The major elements of written comments in addition to, or in contacting LtCol George Martin or Mr. the reuse plan are: incubator research lieu of, oral comments at the public Bruce Shaffer, Base Closure and and development (R&D) and educational meeting. To be most helpful, scoping Realignment Office, Marine Corps Air use of the developed areas on either side comments should clearly describe Station El Toro, Santa Ana, CA 92709, of Jacksonville Road; new industrial/ specific issues or topics that the telephone (714) 726–2338. business/office R&D complex (159 acres) commenter believes should be 49400 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices addressed in the EIS. Written statements ability to perform its statutory DEPARTMENT OF ENERGY and/or questions regarding the scoping obligations. The Director of the process should be mailed no later than Information Resources Group, publishes Federal Energy Regulatory November 1, 1995 to: Commanding this notice containing proposed Commission Officer, Northern Division, Naval information collection requests at the Facilities Engineering Command, 10 beginning of the Departmental review of [Docket No. ER92±429±006, et al.] Industrial Highway, Lester, the information collection. Each Pennsylvania, 19113 (Attn: Mr. Kurt proposed information collection, Torco Energy Marketing Inc., et al.; Frederick, Code 202, telephone (610) grouped by office, contains the Electric Rate and Corporate Regulation 595–0759). following: (1) Type of review requested, Filings Dated: September 19, 1995. e.g., new, revision, extension, existing or reinstatement; (2) Title; (3) Summary September 18, 1995. M.D. Schetzsle, Lt, JAGC, USNR, Take notice that the following filings Alternate Federal Register Liaison Officer. of the collection; (4) Description of the need for, and proposed use of, the have been made with the Commission: [FR Doc. 95–23640 Filed 9–22–95; 8:45 am] information; (5) Respondents and 1. Torco Energy Marketing Inc. BILLING CODE 3810±FF±M frequency of collection; and (6) Reporting and/or Recordkeeping [Docket No. ER92–429–006] burden. ED invites public comment at Take notice that on September 11, DEPARTMENT OF EDUCATION the address specified above. Copies of 1995, Torco Energy Marketing, Inc. the requests are available for Patrick J. tendered filed certain information as Notice of Proposed Information required by the Commission’s letter Collection Requests Sherrill at the address specified above. The Department of Education is order dated May 18, 1992. Copies of the AGENCY: Department of Education. especially interested in public comment informational filing are on file with the ACTION: Notice of proposed information addressing the following issues: (1) Is Commission and are available for public collection requests. this collection necessary to the proper inspection. functions of the Department, (2) will 2. LG&E Power Marketing Inc. SUMMARY: The Director, Information this information be processed and used Resources Group, invites comments on [Docket No. ER94–1188–006] in a timely manner, (3) is the estimate the proposed information collection of burden accurate, (4) how might the Take notice that on August 4, 1995, requests as required by the Paperwork Department enhance the quality, utility, LG&E Power Marketing Inc. tendered for Reduction Act of 1995. and clarity of the information to be filing an amendment to its filing in this DATES: Interested persons are invited to collected, and (5) how might the docket. Copies of the informational submit comments on or before Department minimize the burden of this filing are on file with the Commission November 24, 1995. collection on the respondents, including and are available for public inspection. ADDRESSES: Written comments and through the use of information 3. CMEX Energy, Inc. requests for copies of the proposed technology. information collection requests should [Docket No. ER94–1328–004] Dated: September 20, 1995. be addressed to Patrick J. Sherrill, Take notice that on August 21, 1995, Department of Education, 600 Gloria Parker, CMEX Energy, Inc. filed certain Independence Avenue, SW., Room Director, Information Resources. information as required by the 5624, Regional Office Building 3, Office of Elementary and Secondary Commission’s July 12, 1994, order in Washington, DC 20202–4651, or should Education Docket No. ER94–1328–000. Copies of be electronic mailed to the internet CMEX Energy, Inc. informational filing address #[email protected], or should be Type of Review: New. are on file with the Commission and are faxed to 202–708–9346. Title: State or Court-Ordered available for public inspection. Desegregated LEA’s Submission for Title FOR FURTHER INFORMATION CONTACT: 4. Industrial Gas & Electric Services I Services. Patrick J. Sherrill (202) 708–8196. Company Individuals who use a Frequency: Annually. [Docket No. ER95–257–003] telecommunications device for the deaf Affected Public: State, Local or Tribal (TDD) may call the Federal Information Governments. Take notice that on September 11, Relay Service (FIRS) at 1–800–877–8339 1995, Industrial Gas & Electric Services Reporting Burden: between 8 a.m. and 8 p.m., Eastern time, Company filed certain information as Monday through Friday. Responses: 275. required by the Commission’s February SUPPLEMENTARY INFORMATION: Section Burden Hours: 1100. 1, 1995 order in Docket No. ER95–257– 3506 of the Paperwork Reduction Act of Recordkeeping Burden: 000. Copies of the Industrial Gas & 1995 (44 U.S.C. Chapter 35) requires Recordkeepers: 0. Electric Services Company’s that the Department of Education (ED) Burden Hours: 0. informational filing are on file with the provide interested Federal agencies and Commission and are available for public Abstract: LEAs under such the public an early opportunity to inspection. desegregation plans may request the comment on information collection waivers in order to provide Title I 5. Hartford Power Sales, L.L.C. requests. The Office of Management and Services to schools where the Budget (OMB) may amend or waive the [Docket No. ER95–393–005] concentration of poverty have been requirement for public consultation to Take notice that on August 10, 1995, altered by the plan, provided that at the extent that public participation in Hartford Sales, L.L.C. tendered for filing least 25% of the school’s total the approval process would defeat the a Notice of Succession for power enrollment is from low income families. purpose of the information collection, marketing waivers, blanket violate State or Federal law, or [FR Doc. 95–23693 Filed 9–22–95; 8:45 am] authorizations, and order approving rate substantially interfere with any agency’s BILLING CODE 4000±01±M schedule. Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices 49401

Comment date: October 2, 1995, in 12. Commonwealth Edison Company 14. Central Illinois Public Service accordance with Standard Paragraph E Company [Docket No. ER95–1624–000] at the end of this notice. [Docket No. ER95–1707–000] Take notice that on August 24, 1995 6. TransCanada-Northridge Power Ltd. Commonwealth Edison Company Take notice that on September 6, [Docket No. ER95–692–001] (ComEd) submitted a Service 1995, Central Illinois Public Service Take notice that on August 29, 1995, Agreement, dated July 26, 1995, Company (CIPS) submitted two Service TransCanada-Northridge Power Ltd. establishing Catex Vitol Electric L.L.C. Agreements, dated August 11, 1995 and tendered for filing certain information (Catex Vitol) as a customer under the August 21, 1995, establishing PECO as required by the Commission’s letter terms of ComEd’s Power Sales Tariff Energy Company and Dayton Power and order dated June 9, 1995. Copies of the PS–1 (PS–1 Tariff). The Commission has Light Company, respectively, as customers under the terms of CIPS’ informational filing are on file with the previously designated the PS–1 Tariff as Commission and are available for public Coordination Sales Tariff CST–1 (CST– FERC Electric Tariff, Original Volume inspection. 1 Tariff). No. 2. 7. Puget Sound Power & Light Company CIPS requests effective dates of ComEd requests an effective date of August 11, 1995, for the service [Docket No. ER95–1235–000] July 26, 1995, and accordingly seeks a agreement with PECO and the revised Take notice that on August 14, 1995, waiver of the Commission’s Index of Customers and of August 25, Puget Sound Power & Light Company requirements. Copies of this filing were 1995 for the service agreement with tendered for filing an amendment in the served upon Catex Vitol and the Illinois DP&L. Accordingly, CIPS requests above-referenced docket. Commerce Commission. waiver of the Commission’s notice Comment date: October 2, 1995, in Comment date: October 3, 1995, in requirements. Copies of this filing were accordance with Standard Paragraph E accordance with Standard Paragraph E served upon PECO Energy Company, at the end of this notice. at the end of this notice. Dayton Power and Light Company and 8. Hinson Power Company the Illinois Commerce Commission. 13. Houston Lighting & Power Company [Docket No. ER95–1314–001] Comment date: October 2, 1995, in Take notice that on September 7, [Docket No. ER95–1706–000] accordance with Standard Paragraph E at the end of this notice. 1995, Hinson Power Company filed a Take notice that on September 6, revision to their Rate Schedule FERC 1995, Houston Lighting & Power 15. Wisconsin Public Service No. 1 as required by the Commission’s Company (HL&P), tendered for filing Corporation August 29, 1995, order in Docket No. two executed transmission service [Docket No. ER95–1721–000] ER95–1314–000. agreements (TSA) with Enron Power Comment date: October 2, 1995, in Marketing, Inc. (Enron), two executed Take notice that on September 8, accordance with Standard Paragraph E 1995, Wisconsin Public Service at the end of this notice. TSAs with LG&E and one executed TSA with Electric Clearinghouse, Inc. for Corporation tendered for filing executed 9. Proler Power Marketing, Inc. Economy Energy Transmission Service service agreements with Howard Energy Company, Inc., LG&E Power Marketing, under HL&P’s FERC Electric Tariff, [Docket No. ER95–1433–000] Inc., MidCon Power Services Corp., and Original Volume No. 1, for Take notice that on September 12, Nor Am Energy Services, Inc. under its 1995, Proler Power Marketing, Inc. Transmission Service To, From and CS–1 Coordination Sales Tariff. tendered for filing an amendment in the Over Certain HVDC Interconnections. Comment date: October 2, 1995, in above-referenced docket. HL&P has requested effective dates of Comment date: October 2, 1995, in (1) a service commencement date of accordance with Standard Paragraph E at the end of this notice. accordance with Standard Paragraph E August 19, 1995 for the TSA with at the end of this notice. Electric Clearinghouse; (2) a service 16. Southern Indiana Gas and Electric 10. Atlantic City Electric Company commencement date of August 19, 1995 Company for the TSA with Enron Power [Docket No. ER95–1722–000] [Docket No. ER95–1476–000] Marketing, Inc. covering economy Take notice that on September 6, energy provided by LCRA; (3) a service Take notice that on September 8, 1995, Atlantic City Electric Company commencement date of August 22, 1995 1995, Southern Indiana Gas and Electric (ACE) tendered for filing supplemental for the TSA with Enron Power Company (SIGECO), tendered for filing material in Docket No. ER95–1476–000. Marketing, Inc. covering economy to a proposed Interchange Agreement Copies of the filing were served on the energy provided by HL&P; (4) a service with Catex Vitol Electric L.L.C. (Catex). New Jersey Board of Regulatory commencement date of August 28, 1995 The proposed revised Interchange Commissioners. Agreement will provide for the Comment date: October 2, 1995, in for the TSA with LG&E covering economy energy provided by HL&P; and purchase, sale, and transmission of accordance with Standard Paragraph E capacity and energy by either party at the end of this notice. (5) a service commencement date of September 1, 1995 for the TSA with under the following Service Schedules: 11. GED Gas Services, LLC LG&E covering economy energy (a) SIGECO Power Sales, (b) Catex Power Sales, and (c) Transmission [Docket No. ER95–1583–000] supplied by TU Electric. Service. Take notice that on September 5, Copies of the filing were served on 1995, GED Services, LLC tendered for Waiver of the Commission’s Notice Electric Clearinghouse, Inc., Enron and Requirements is requested to allow for filing an amendment in the above- the Public Utility Commission of Texas. referenced docket. an effective date of September 7, 1995. Comment date: October 2, 1995, in Comment date: October 2, 1995, in Comment date: October 2, 1995, in accordance with Standard Paragraph E accordance with Standard Paragraph E accordance with Standard Paragraph E at the end of this notice. at the end of this notice. at the end of this notice. 49402 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices

17. Southern Indiana Gas and Electric agreements (TSA’s) with LG&E Power agreement. Accordingly, the Companies Company Marketing, Inc. and Central & South request waiver of the Commission’s [Docket No. ER95–1723–000] West Services, Inc. for certain Economy notice requirements. Copies of this Energy Transmission Service and filing were served upon LPM and the Take notice that on September 8, Emergency Power Transmission Service Public Utility Commission of Texas. 1995, Southern Indiana Gas and Electric under TU Electric’s Tariff for Comment date: October 2, 1995, in Company (SIGECO), tendered for filing Transmission Service To, From and accordance with Standard Paragraph E to a proposed Interchange Agreement Over Certain HVDC Interconnections. at the end of this notice. with Electric Clearinghouse, Inc. (ECI). The TSA’s provide for transmission The proposed revised Interchange 22. Ohio Edison Company; service to and over the East HVDC Agreement will provide for the Pennsylvania Power Company Interconnection. purchase, sale, and transmission of TU Electric requests effective dates for [Docket No. ER95–1728–000] capacity and energy by either party the TSA’s that will permit them to Take notice that on September 11, under the following Service Schedules: become effective on the dates service 1995, Ohio Edison Company tendered (a) SIGECO Power Sales; (b) ECI Power first commenced under each of the eight for filing on behalf of itself and Sales, and (c) Transmission Service. TSA’s. Accordingly, TU Electric seeks Pennsylvania Power Company, an Waiver of the Commission’s Notice Agreement for System Power Requirements is requested to allow for waiver of the Commission’s notice requirements. Copies of the filing were Transactions with Citizens Lehman an effective date of September 7, 1995. Power Sales, dated September 8, 1995. Comment date: October 2, 1995, in served on LG&E Power Marketing, Inc. and Central & South West Services, Inc., This initial rate schedule will enable the accordance with Standard Paragraph E parties to purchase or sell capacity and at the end of this notice. as well as the Public Utility Commission of Texas. energy in accordance with the terms and 18. Commonwealth Electric Company; Comment date: October 2, 1995, in conditions set forth herein. Cambridge Electric Light Company accordance with Standard Paragraph E Comment date: October 2, 1995, in at the end of this notice. accordance with Standard Paragraph E [Docket No. ER95–1724–000] at the end of this notice. Take notice that on September 8, 20. Public Service Company of 1995, Commonwealth Electric Company Oklahoma; Southwestern Electric 23. Virginia Electric and Power (Commonwealth) on behalf of itself and Power Company Company Cambridge Electric Light Company [Docket No. ER95–1729–000] [Docket No. ER95–1726–000] (Cambridge), collectively referred to as Take notice that on September 11, Take notice that on September 8, the Companies, tendered for filing with 1995, Virginia Electric and Power 1995, Public Service Company of the Federal Energy Regulatory Company (Virginia Power) tendered for Oklahoma (PSO) and Southwestern Commission executed Service filing a Service Agreement between Public Service Company (SWEPCO) Agreements between the Companies and Monongahela Power Company, The (jointly, the Companies) submitted a Electric Clearinghouse, Inc. Potomac Edison Company, West Penn Transmission Service Agreement, dated These Service Agreements specify Power Company, collectively, the August 11, 1995, establishing LG&E that Electric Clearinghouse, Inc. has Allegheny Power System (APS) and Power Marketing, Inc. (LPM) as a signed on to and has agreed to the terms Virginia Power, dated August 21, 1995, customer under the terms of the and conditions of the Companies’ Power under the Power Sales Tariff to Eligible Companies’ SPP Interpool Transmission Sales and Exchanges Tariffs designated Purchasers dated May 27, 1994. Under Service Tariff. as Commonwealth’s Power Sales and the tendered Service Agreement The Companies request an effective Exchanges Tariff (FERC Electric Tariff Virginia Power agrees to provide date of August 11, 1995, for the service Original Volume No. 3) and Cambridge’s services to APS under the rates, terms agreement. Accordingly, the Companies Power Sales and Exchanges Tariff (FERC and conditions of the Power Sales Tariff request waiver of the Commission’s Electric Tariff Original Volume No. 5). as agreed by the parties pursuant to the notice requirements. Copies of this These Tariffs, approved by FERC on terms of the applicable Service filing were served upon LPM, the Public April 13, 1995, and which have an Schedules included in the Power Sales Utility Commission of Texas, and the effective date of March 20, 1995, will Tariff. allow the Companies and Electric Oklahoma Corporation Commission. Copies of the filing were served upon Clearinghouse, Inc. to enter into Comment date: October 2, 1995, in the Public Utilities Commission of Ohio, separately scheduled transactions under accordance with Standard Paragraph E the Virginia State Corporation which the Companies will sell to at the end of this notice. Commission, the West Virginia Public Electric Clearinghouse, Inc. capacity 21. Central Power and Light Company; Service Commission, the Pennsylvania and/or energy as the parties may West Texas Utilities Company Public Utility Commission, the mutually agree. Maryland Public Service Commission, [Docket No. ER95–1727–000] The Companies request an effective and the North Carolina Utilities date of August 10, 1995, as specified on Take notice that on September 8, Commission. each Service Agreement. 1995, Central Power and Light Company Comment date: October 2, 1995, in Comment date: October 2, 1995, in (CPL) and West Texas Utilities accordance with Standard Paragraph E accordance with Standard Paragraph E Company (WTU) (jointly, the at the end of this notice. at the end of this notice. Companies) submitted a Transmission Service Agreement, dated August 11, Standard Paragraph 19. Texas Utilities Electric Company 1995, establishing LG&E Power E. Any person desiring to be heard or [Docket No. ER95–1725–000] Marketing, Inc. (LPM) as a customer to protest said filing should file a Take notice that on September 8, under the terms of the ERCOT Interpool motion to intervene or protest with the 1995, Texas Utilities Electric Company Transmission Service Tariff. Federal Energy Regulatory Commission, (TU Electric), tendered for filing eight The Companies request an effective 825 North Capitol Street, N.E., executed transmission service date of August 11, 1995, for the service Washington, D.C. 20426, in accordance Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices 49403 with Rules 211 and 214 of the Department of Transportation Federal of this proposed action and encourage Commission’s Rules of Practice and Safety Standards for Liquefied Natural them to comment on their areas of Procedure (18 CFR 385.211 and 18 CFR Gas Facilities (49 CFR Part 193). The concern. 385.214). All such motions or protests facilities would also meet the National The EA will discuss impacts that should be filed on or before the Fire Protection Association 59A LNG could occur as a result of the comment date. Protests will be standards. construction and operation of the considered by the Commission in LNG would be transported to the site proposed project under these general determining the appropriate action to be by LNG tanker trucks. The preferred headings: taken, but will not serve to make routing from eastern locations would be • Vegetation and wildlife protestants parties to the proceeding. • Cultural Resources to exit Interstate 80 (I–80) at exit 107 • Any person wishing to become a party onto Cornell Avenue to 14th Street. The Land Use • Air Quality and Noise must file a motion to intervene. Copies route would turn north on Central • of this filing are on file with the Public Safety Avenue, continuing to Pitt Road. A We will also evaluate possible Commission and are available for public westerly turn onto Pitt Road would lead alternatives to the proposed project or inspection. the trucks directly to the LNG Plant. For portions of the project, and make Lois D. Cashell, traffic from the west, the preferred route recommendations on how to lessen or Secretary. would be to exit I–80 at exit 105, then avoid impacts on the various resource [FR Doc. 95–23658 Filed 9–22–95; 8:45 am] continue through the commercial areas. BILLING CODE 6717±01±P portion of Lovelock via Cornell Avenue Our independent analysis of the to 14th Street, and then as above. This issues will be in the EA. Depending on route would avoid any grade level [Docket No. CP95±614±000] the comments received during the crossing of the Southern Pacific scoping process, the EA may be Paiute Pipeline Company; Notice of Railroad tracks. published and mailed to Federal, state, As an alternative, all trucks could be Intent To Prepare an Environmental and local agencies, public interest routed off I–80 at exit 112, follow an Assessment for the Proposed Paiute groups, interested individuals, affected LNG Project and Request for alternative route that runs southwest on landowners, newspapers, libraries, and Comments on Environmental Issues Upper Valley Road, and then west on the Commission’s official service list for Pitt Road. However, this route does this proceeding. A comment period will September 19, 1995. require a grade level crossing of the be allotted for review if the EA is The staff of the Federal Energy Southern Pacific Railroad tracks at exit published. We will consider all Regulatory Commission (FERC or 112. comments on the EA before we Commission) will prepare an The location of the project facilities is recommend that the Commission environmental assessment (EA) that will shown in appendix 1.2 approve or not approve the project. discuss the environmental impacts of Land Requirements for Construction the construction and operation of Public Participation and Scoping facilities proposed in the Paiute LNG The proposed facilities would be Meetings Project. This EA will be used by the constructed within the 20-acre, You can make a difference by sending Commission in its decision-making previously-disturbed, fenced LNG plant a letter addressing your specific process to determine whether an site. comments or concerns about the project. environmental impact statement is The EA Process You should focus on the potential necessary and whether to approve the environmental effects of the proposal, project.1 The National Environmental Policy alternatives to the proposal (including Act (NEPA) requires the Commission to alternative trucking routes), and Summary of the Proposed Project take into account the environmental measures to avoid or lessen Paiute Pipeline Company (Paiute) is impacts that could result from an action environmental impact. The more seeking approval to construct and whenever it considers the issuance of a specific your comments, the more useful operate a 300-gallon-per-minute truck Certificate of Public Convenience and they will be. Please follow the unloading facility at its liquefied natural Necessity. NEPA also requires us to instructions below to ensure that your gas (LNG) storage facility near Lovelock, discover and address concerns the comments are received and properly Pershing County, Nevada. The purpose public may have about proposals. We recorded: of the project is to give Paiute the ability call this ‘‘scoping’’. The main goal of the • Address your letter to: Lois Cashell, to provide its LNG storage service scoping process is to focus the analysis Secretary, Federal Energy Regulatory customers with additional options for in the EA on the important Commission, 825 North Capitol St., NE, helping to meet their peak demand, environmental issues. By this Notice of Washington, DC 20426; • emergency, or other requirements. Intent, the Commission requests public Reference Docket No. CP95–614– The LNG truck unloading facility comments on the scope of the issues it 000; • would include transfer piping, valves, will address in the EA. All comments Send a copy of your letter to: Mr. and appurtenant facilities. The received are considered during the James Dashukewich, EA Project proposed truck unloading station would preparation of the EA. State and local Manager, Federal Energy Regulatory be able to unload six 10,000-gallon government representatives are Commission, 825 North Capitol St., NE, tankers per day for the equivalent of encouraged to notify their constituents Room 7312, Washington, D.C. 20426; and 5,000 MCF per day. • The proposed project facilities would 2 The appendices referenced in this notice are not Mail your comments so that they be designed, constructed, and being printed in the Federal Register. Copies are are received in Washington, D.C. on or available from the Commission’s Public Reference before October 19, 1995. maintained to comply with the U.S. and Files Maintenance Branch, Room 3104, 941 North Capitol Street, N.E., Washington, D.C. 20426, Becoming an Intervenor 1 Paiute Pipeline Company’s application was filed or call (202) 208–1371. Copies of the appendices under Section 7 of the Natural Gas Act and Part 157 were sent to all those receiving this notice in the In addition to involvement in the EA of the Commission’s regulations. mail. scoping process, you may want to 49404 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices become an official party to the removal of project facilities and regulations of the Advisory Council on proceeding or an ‘‘intervenor’’. Among restoration of the site. An Historic Preservation, 36 CFR 800.4. other things, intervenors have the right Environmental Assessment (EA) was Lois D. Cashell, to receive copies of case-related prepared for the plan. The EA finds that Secretary. Commission documents and filings by approving the plan would not constitute [FR Doc. 95–23663 Filed 9–22–95; 8:45 am] other intervenors. Likewise, each a major federal action significantly BILLING CODE 6717±01±M intervenor must provide copies of its affecting the quality of the human filings to all other parties. If you want environment. to become an intervenor, you must file Copies of the EA are available for [Project No. 11492±001 Idaho] a motion to intervene according to Rule review in the Public Reference Branch, 214 of the Commission’s Rules of Ted S. Sorenson; Notice of Surrender Room 3104, of the Commission’s offices of Preliminary Permit Practice and Procedure (18 CFR at 941 North Capitol Street NE., 385.214) (see appendix 2). Washington, DC 20426. September 19, 1995. Filing of timely motions to intervene Lois D. Cashell, Take notice that Ted S. Sorenson, in this proceeding should be made on or Secretary. Permittee for the Owsley Canal Project before September 25, 1995. Once this [FR Doc. 95–23661 Filed 9–22–95; 8:45 am] No. 11492, has requested that its date has passed, parties seeking to file BILLING CODE 6717±01±M preliminary permit be terminated. The late interventions must show good preliminary permit for Project No. cause, as required by Section 11492 was issued December 20, 1994, 385.214(b)(3), why this time limitation Notice of Application Tendered for and would have expired November 30, should be waived. Environmental issues Filing With the Commission 1997. The project would have been have been viewed as good cause for late located on Birch Creek Hydroelectric intervention. You do not need September 11, 1995. Outfall Canal, in Clark and Jefferson intervenor status to have your scoping Take notice that the following Counties, Idaho. comments considered. hydroelectric application has been filed The Permittee filed the request on Environmental Mailing List with the Commission and is available September 5, 1995, and the preliminary for public inspection: permit for Project No. 11492 shall This notice is being sent to all remain in effect through the thirtieth potential interested parties to solicit a. Type of Application: Major New License. day after issuance of this notice unless focused comments regarding that day is a Saturday, Sunday or b. Project No.: 1951–037. environmental considerations related to holiday as described in 18 CFR the proposed project. c. Date filed: August 30, 1995. 385.2007, in which case the permit shall If you do not want to send comments d. Applicant: Georgia Power remain in effect through the first at this time but still want to keep Company. business day following that day. New informed and receive copies of the EA, e. Name of Project: Sinclair applications involving this project site, please return the Information Request Hydroelectric Project. to the extent provided for under 18 CFR (see appendix 3). If you do not return f. Location: On the Oconee River, near Part 4, may be filed on the next business the Information Request, you will be the Town of Milledgeville, Baldwin day. taken off the mailing list. County, Georgia. Lois D. Cashell, Additional information about the Secretary. proposed project is available from Mr. g. Filed Pursuant to: Federal Power James Dashukewich, EA Project Act 16 U.S.C. §§ 791(a)–825(r). [FR Doc. 95–23660 Filed 9–22–95; 8:45 am] Manager, at (202) 208–0117. h. Applicant Contact: C.M. Hobson, BILLING CODE 6717±01±M Lois D. Cashell, Manager—Environmental Affairs, Secretary. Georgia Power Company, 333 Piedmont [Docket No. GT95±24±002] Avenue—Bin No. 10170, Atlanta, GA [FR Doc. 95–23659 Filed 9–22–95; 8:45 am] 30308–3374, (404) 526–7778. Colorado Interstate Gas Co.; Notice of BILLING CODE 6717±01±M i. FERC Contact: Kelly R. Fargo (202) Filing of Refund Report 219–0231. [Project No. 3195±064 California] September 19, 1995 j. Description of Project: The proposed Take notice that on September 8, Sayles Hydro Associates; Notice of project would utilize the following 1995, Colorado Interstate Gas Company Availability of Environmental existing project facilities owned by the (CIG) filed a third refund report in Assessment Georgia Power Company: (1) A 104-foot- Docket Nos. GP83–11, RI83–9, et al. CIG high, 2,988-foot-long dam; (2) a states that the filing and refunds were September 19, 1995. powerhouse containing two 22.5- made to comply with the Commission’s In accordance with the National megawatt (MW) turbine/generator units Orders of December 1, 1993 and May 19, Environmental Policy Act of 1969 and with a total installed generating capacity 1994. the Federal Energy Regulatory of 45 MW; (3) a 15,330-acre reservoir; CIG also states that the initial refunds Commission’s (Commission’s) (4) an excavated tailrace; (5) a 90-foot- were paid by CIG on December 14, 1994 Regulations, 18 CFR part 380 (Order long, 115-kilovolt, 3 phase transmission and the second refund was made on 486, 52 FR 47897), the Commission’s line; and (6) appurtenant facilities. The April 12, 1995. The third and fourth Office of Hydropower Licensing has average annual generation is about 118 refunds were paid on June 29, 1995 and reviewed a non-capacity related gigawatthours. August 8, 1995. amendment of license for the Sayles Flat k. With this notice, we are initiating The September 8, 1995, refund report Hydroelectric Project, No. 3195–064. consultation with the GEORGIA STATE summarizes the refunds made as of that The Sayles Flat Project is located on the HISTORIC PRESERVATION OFFICER date by CIG for Kansas ad valorem tax South Fork American River in El Dorado (SHPO), as required by § 106, National overpayments pursuant to the County, California. The plan is for the Historic Preservation Act, and the Commission’s December 1, 1993 and Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices 49405

May 19, 1994 Orders. CIG states that the comments, final recommendations, Comments, Final Terms and lump-sum cash refunds were made by terms and conditions, or prescriptions Conditions, Recommendations and CIG to its former jurisdictional sales on Georgia Power Company’s DEA and Prescriptions customers within 30 days of receipt final license application. Interested parties have 60 days from from the producers. As provided for in The Georgia Power Company, U.S. the date of this notice to file with the the Orders, no additional interest was Forest Service (FS), Georgia Department Commission, any final comments, final required to be paid. of Natural Resources-Wildlife Resources recommendations, terms and conditions CIG states that copies of CIG’s filing Division (Georgia DNR–WRD), the U.S. and prescriptions for the Sinclair have been served on CIG’s former Fish and Wildlife Service (FWS), and Project. The applicant will have 45 days jurisdictional sales customers, National Marine Fisheries Service to respond to the agencies’ final interested states commissions, and all (NMFS), as well as other federal, state, recommendations, terms and parties to the proceedings. and local agencies, have been working conditions, and prescriptions. In view of Any person desiring to protest said cooperatively to prepare the DEA since the high level of early involvement of filing should file a protest with the 1993. the FS, Georgia DNR–WRD, FWS, Federal Energy Regulatory Commission, The Georgia Power Company and the NMFS, other federal, state and local 825 North Capital Street, NE., Georgia DNR–WRD, FWS, and the agencies, as well as the public, we Washington, DC 20426, in accordance NMFS have reached agreement as to the expect the majority of comments to with Rule 211 of the Commission’s preferred alternative for relicensing the reflect the agreement and preferred Rules of Practice and Procedure (18 CFR Sinclair Project. This preferred alternative in the DEA. section 385.211). All such protests alternative is reflected in the DEA. should be filed on or before September Copy of the Application Interventions and Protests 26, 1995. Protests will be considered by A copy of the DEA and final license the Commission in determining the All filings must: (1) Bear in all capital application can be inspected and appropriate action to be taken, but will letters the title ‘‘MOTION TO reproduced at Georgia Power not serve to make protestants parties to INTERVENE’’, (2) set forth in the Company’s corporate office, 333 the proceeding. Copies of this filing are heading the name of the applicant and Piedmont Avenue, 18th floor, Atlanta, on file with the Commission and are the project number of the application to Georgia, and at local area government available for public inspection. which the filing responds; (3) furnish offices in the vicinity of the project. Lois D. Cashell, the name, address, and telephone Lois D. Cashell, Secretary. number of the person protesting or Secretary. [FR Doc. 95–23665 Filed 9–22–95; 8:45 am] intervening; and (4) otherwise comply [FR Doc. 95–23664 Filed 9–22–95; 8:45 am] with the requirements of 18 CFR BILLING CODE 6717±01±M BILLING CODE 6717±01±M 385.2001 through 385.2005. Agencies may obtain copies of the application [Project No. 1951±037, GA] directly from the applicant. [Docket No. RP95±173±005] Georgia Power Co.; Notice of In addition, commenters may submit a copy of their comments, interventions Koch Gateway Pipeline Co.; Notice of Application and DEA Accepted for 1 Proposed Changes in FERC Gas Tariff Filing; Notice Requesting Interventions on a 3 ⁄2-inch diskette formatted for and Protests; and Notice (REA) MS–DOS based computers. In light of September 19, 1995. Requesting Comments, Final Terms our ability to translate MS–DOS based Take notice that on September 15, and Conditions, Recommendations materials, the text need only be 1995, Koch Gateway Pipeline Company and Prescriptions submitted in the format and version that (Koch Gateway) tendered for filing to it was generated (i.e., MS Word, become part of its FERC Gas Tariff, Fifth September 19, 1995. WordPerfect 5.1/5.2, ASCII, etc.). It is Revised Volume No. 1, the following The Sinclair Project is located on the not necessary to reformat word tariff sheets, to be effective September 1, Oconee River near the city of processor generated text to ASCII. For 1995: Macintosh users, it would be helpful to Milledgeville, in Baldwin County, Third Revised Sheet No. 402 Georgia. The proposed project would save the documents in Macintosh word 3rd Sub Third Revised Sheet No. 502 utilize the following existing project processor format and then write them to Substitute Second Revised Sheet No. 1305 facilities owned by the Georgia Power files on a diskette formatted for MS– 3rd Sub Second Revised Sheet No. 1409 Company: (1) A 104-foot-high, 2,988- DOS machines. Any of these documents Substitute First Revised Sheet No. 1901 foot-long dam; (2) a powerhouse must be filed by providing the original Third Revised Sheet No. 3606 containing two 22.5-megawatt (MW) and 8 copies required by the Substitute Second Revised Sheet No. 4900 turbine/generator units with a total Commission’s Regulations to: Secretary, Koch Gateway states that the above installed generating capacity of 45 MW; Federal Energy Regulatory Commission, referenced tariff sheets reflect revisions (3) a 15,330-acre reservoir; (4) an 825 North Capitol Street, NE., to its tariff in compliance with the excavated tailrace; (5) a 90-foot-long, Washington, DC 20426. August 31, 1995, Federal Energy 115-kilovolt, 3 phase transmission line; An additional copy must be sent to: Regulatory Commission (Commission) and (6) appurtenant facilities. The Director, Division of Project Review, order. Pursuant to the Commission’s average annual generation is about 118 Office of Hydropower Licensing, order Koch Gateway revised the above gigawatthours. Federal Energy Regulatory Commission, referenced tariff sheets to (1) require The purpose of this notice is to: (1) Room 1027, at the above address. A that PAA revisions submitted after gas Inform all interested parties that the copy of any motion to intervene or flow be agreed to by all affected parties Sinclair draft environmental assessment protest must be served upon each or their authorized agents; (2) clarify (DEA) and final license application filed representative of the applicant specified that storage transfers are permitted with with the Commission on August 30, in the final application. no injection or withdrawal charges; (3) 1995, are hereby accepted; (2) invite All filings must be received 60 days to clarify when Koch Gateway will interventions and protests; (3) solicit from the date of this notice. refund a customer’s prepayment; and (4) 49406 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices clarify that if a replacement customer’s Street, P.O. Box 8, Eau Claire, WI intervenors in Docket No. RP95–409, prepayment is forfeited, pursuant to 54702–0008. and upon relevant state regulatory Section 29.1(C)(3), then the prepayment Pursuant to 18 CFR 16.8, 16.9 and commissions. will be paid to the releasing customer. 16.10, each application for a new Any person desiring to protest said Koch Gateway also states that the license and any competing license filing should file a protest with the tariff sheets are being mailed to all applications must be filed with the Federal Energy Regulatory Commission, parties on the official service list Commission at least 24 months prior to 825 North Capitol Street, NE., compiled by the Secretary in this the expiration of the existing license. Washington, DC 20426, in accordance proceeding. All applications for license for this with Section 385.211 of the Any person desiring to be heard or to project must be filed by September 1, Commission’s Rules of Practice and protest said filing should file a motion 1998. Procedure. All such protests should be to intervene or protest with the Federal Lois D. Cashell, filed on or before September 26, 1995. Energy Regulatory Commission, 825 Secretary. Protests will be considered by the North Capitol Street, N.E., Washington, [FR Doc. 95–23662 Filed 9–22–95; 8:45 am] Commission in determining the appropriate action to be taken, but will D.C. 20426, in accordance with Section BILLING CODE 6717±01±M 385.211 of the Commission’s not serve to make protestants parties to regulations. All such protests should be the proceeding. Copies of this filing are filed on or before September 26, 1995. [Docket No. RP95±409±001] on file with the Commission and are Protests will be considered by the available for public inspection in the Commission in determining appropriate Northwest Pipeline Corporation; Notice Public Reference Room. action to be taken, but will not serve to of Compliance Filing Lois D. Cashell, make protestants parties to the September 19, 1995. Secretary. proceedings. Copies of this filing are on Take notice that on September 15, [FR Doc. 95–23668 Filed 9–22–95; 8:45 am] file with the Commission and are 1995, Northwest Pipeline Corporation BILLING CODE 6717±01±M available for public inspection. (Northwest) tendered sheets in Lois D. Cashell, conformity with part 154 of the [Docket No. RP95±407±001] Secretary. Regulations of the Commission and to [FR Doc. 95–23666 Filed 9–22–95; 8:45 am] comply with the Commission’s August Questar Pipeline Company; Notice of BILLING CODE 6717±01±M 31, 1995, Suspension Order in Docket Proposed Changes in Tariff Riling No. RP95–409: September 19, 1995. [Project No. 2670 Wisconsin] FERC Gas Tariff, Third Revised Volume Take notice that on September 15, No. 1 1995, Questar Pipeline Company Northern States Power Company and Pro Forma Sheet No. 5 (Questar), tendered for filing and the City of Eau Claire, WI; Notice of Pro Forma Sheet Nos. 5–A through 5–C acceptance tariff sheets to its FERC Gas Intent To File an Application for a New Pro Forma Sheet No. 6 Tariff to comply with the Commission’s License Pro Forma Sheet No. 7 Pro Forma Sheet No. 8 August 31, 1995, order, to become September 19, 1995. Pro Forma Sheet No. 8.1 effective February 1, 1996. Questar Take notice that Northern States Pro Forma Sheet Nos. 375 through 378 tendered for filing and acceptance the Power Company and the City of Eau Pro Forma Sheet No. 380 following tariff sheets: First Revised Fourth Revised Sheet No. 375 First Revised Volume No. 1 Claire, WI, the existing co-licensees for First Revised Third Revised Sheet No. 376 the Dells Hydroelectric Project No. First Revised Fourth Revised Sheet No. 377 Substitute Alternate Fifth Revised Sheet 2670, filed a timely notice of intent to First Revised Second Revised Sheet No. 378 No. 5 file an application for a new license, First Revised First Revised Sheet No. 380 Substitute Original Sheet Nos. 98A and 98B pursuant to 18 CFR 16.6 of the Substitute First Revised Sheet No. 98 Original Volume 2 Commission’s Regulations. The original Questar states that the purpose of the license for Project No. 2670 was issued Pro Forma Sheet Nos. 2, 2.1, and 2–A filing is to comply with the effective September 1, 1950, and expires Northwest states that the purpose of Commission’s August 31, 1995, order in September 1, 2000. this filing is to comply with the Docket No. RP95–407–000. The order The project is located on the Commission’s August 31, 1995 Order directed Questar to file an explanation Chippewa River in Chippewa and Eau Accepting and Suspending Tariff of its proposal to recover costs Claire Counties, Wisconsin. The Sheets, Subject to Refund and associated with the Financial principal works of the Dells Project Conditions, and Establishing Hearing Accounting Standards Board’s SFAS include a 619-foot-long dam; a 1,100- Procedures (‘‘Order’’), pertaining to 106, information concerning the acre reservoir at a normal pool elevation Northwest’s request to implement a allocation of administrative and general of 795.0 ft. m.s.l.; two powerhouses general rate increase in Docket No. expenses and revised tariff sheets operating at a 27-foot hydraulic head: RP95–409–000. The Order directs reflecting revised Account No. 858 the main powerhouse containing five Northwest to file within 15 days of the surcharges. The surcharges are to apply units rated at 8,400 kW total and the Order: (1) Revised tariff sheets reflecting to all Part 284 transportation service, secondary containing two units rated at Northwest’s current Index of Shippers; including both firm and interruptible 1,100 kW total; an interconnected and (2) pro forma tariff sheets reflecting service, and state that the surcharge will transmission line system; and the rates Northwest will propose if be the last item discounted. appurtenant facilities. rolled-in treatment of the Expansion II Questar states that copies of the Pursuant to 18 CFR 16.7, the licensee and Northwest Natural Expansion proposed tariff sheets and the is required henceforth to make available facilities costs is denied. transmittal letter describing the nature certain information to the public. This Northwest states that a copy of this of the filing were served upon all parties information is now available from the filing has been served upon all of set out on the official service list in co-licensees at 100 North Barstow Northwest’s customers, upon all Docket No. RP95–407–000. Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices 49407

Any person desiring to protest this not include a scientifically valid, electronically from EPA’s Technology filing should file a protest with the comprehensive risk assessment for any Transfer Network (TTN), Clean Air Act Federal Energy Regulatory Commission, CFC–12 end-uses. The denial and the Amendment Bulletin Board. If you have 825 North Capitol Street, NE., accompanying documentation are in Air a 1200 or 2400 bps modem, dial (919) Washington, DC 20426 in accordance Docket A–91–42, file number VI-C–6. 541–5742. If you have a 9600 bps with Rule 211 of the Commission’s OZ Technology, Inc. submitted modem, dial (919) 541–1447. For Rules of Practice and Procedure (18 CFR Hydrocarbon Blend B as a CFC–12 assistance in accessing this service, call 385.211). All such protests should be substitute in a variety of end-uses. On (919) 541–5384. Finally, this notice may filed on or before September 26, 1995. September 18, 1994, EPA issued a be obtained on the World Wide Web Protests will be considered by the proposed rule (59 FR 49108), proposing athttp://www.epa.gov/docs/ozone/ Commission in determining the to find the use of Hydrocarbon Blend B title6/SNAP/snap.html. appropriate action to be taken, but will unacceptable as a substitute for CFC–12 Dated: September 15, 1995. in all end-uses other than industrial not serve to make protestants parties to Richard Wilson, the proceeding. Copies of this filing are process refrigeration. On November 4, 1994, OZ Technology, Inc. petitioned Acting Assistant Administrator for Air and on file with the Commission and are Radiation. available for public inspection. EPA to remove Hydrocarbon Blend B [FR Doc. 95–23710 Filed 9–22–95; 8:45 am] Lois D. Cashell, from the unacceptable list and add it to BILLING CODE 6560±50±P Secretary. the acceptable list. The petition is in Air [FR Doc. 95–23667 Filed 9–22–95; 8:45 am] Docket A–91–42, file number VI-D–75. Because EPA had not yet taken final BILLING CODE 6717±01±M [FRL±5293±9] action placing Hydrocarbon Blend B on the unacceptable list, the petition was Public Water System Supervision premature. EPA denied the petition by Program: Program Revision for the ENVIRONMENTAL PROTECTION taking final action placing Hydrocarbon State of Missouri AGENCY B on the unacceptable list on June 13, AGENCY: Environmental Protection [FRL±5301±8] 1995 (60 FR 31092) and by formally Agency. denying the petition on July 25, 1995. Denial of Petition; Protection of EPA denied the petition on the basis ACTION: Notice. Stratospheric Ozone that the information included in the SUMMARY: Notice is hereby given that AGENCY: Environmental Protection petition did not include a scientifically the State of Missouri is revising its Agency. valid, comprehensive risk assessment approved State Public Water System for any CFC–12 end-uses. The denial ACTION: Notice of denial of petition. Supervision (PWSS) Program. Missouri and accompanying documentation are has adopted regulations for (1) synthetic SUMMARY: This action notifies the public in Air Docket A–91–42, file number VI- organic chemicals and inorganic that the Agency received two petitions C–7. chemicals (Phase II), that correspond to pursuant to section 612(d) of the Clean ADDRESSES: Information relevant to this the National Primary Drinking Water Air Act, under the Significant New notice is contained in Air Docket A–91– Regulations published by EPA on Alternatives Policy (SNAP) Program, 42, Central Docket Section, South January 30, 1991 (56 FR 3526); (2) and that EPA is denying both petitions. Conference Room 4, U.S. Environmental volatile organic chemicals (Phase IIb), SNAP implements section 612 of the Agency, 401 M Street SW., Washington, that correspond to the National Primary amended Clean Air Act of 1990, which DC 20460. Telephone: (202) 260–7548. Drinking Water Regulations published requires EPA to evaluate substitutes for The docket may be inspected between by EPA on July 1, 1991, (56 FR 32112) ozone-depleting Substances (ODS) and 8:00 a.m. and 5:30 p.m. weekdays. As (3) synthetic organic chemicals and to regulate the use of substitutes where provided in 40 CFR part 2, a reasonable inorganic chemicals (Phase V), that other alternatives exist that reduce fee may be charged for photocopying. correspond to the National Primary overall risk to human health and the FOR FURTHER INFORMATION CONTACT: Drinking Water Regulations published environment. Through these Jeffrey Levy at (202) 233–9727 or fax by EPA on July 17, 1992 (57 FR 31776); evaluations, EPA generates lists of (202) 233–9577, U.S. EPA, Stratospheric and (4) lead and copper, that correspond acceptable and unacceptable substitutes Protection Division, 401 M Street SW., to the National Primary Drinking Water for each of the major industrial use Mail Code 6205J, Washington, DC Regulations published by EPA on June sectors. 20460. 7, 1991 (56 FR 26460). OZ Technology, Inc. submitted SUPPLEMENTARY INFORMATION: Contact EPA has determined that these State Hydrocarbon Blend A as a CFC–12 the Stratospheric Protection Hotline at program revisions are no less stringent substitute in a variety of end-uses. In the 1–800–296–1996, Monday–Friday, than the corresponding Federal March 18, 1994 final SNAP rule (59 FR between the hours of 10:00 a.m. and regulations. This determination was 13044), EPA found the use of 4:00 p.m. (Eastern Standard Time) based upon an evaluation of Missouri’s Hydrocarbon Blend A unacceptable as a weekdays. PWSS program in accordance with the substitute for CFC–12 in all end-uses For more information on the Agency’s requirements stated in 40 CFR 142.10. other than industrial process process for administering the SNAP Therefore, EPA has tentatively decided refrigeration. On October 26, 1994, OZ program or criteria for evaluation of to approve these State program Technology, Inc. petitioned EPA to substitutes, refer to the SNAP final revisions. remove Hydrocarbon Blend A from the rulemaking published in the Federal All interested parties are invited to unacceptable list and add it to the Register on March 18, 1994 (59 FR request a public hearing. A request for acceptable list. The petition is in Air 13044). Federal Register notices can be a public hearing must be submitted to Docket A–91–42, file number VI-D–76. ordered from the Government Printing the Regional Administrator, within On July 25, 1995, EPA denied the Office Order Desk (202) 783–3238; the thirty (30) days of the date of this petition on the basis that the citation is the date of publication. This Notice, at the address shown below. If information included in the petition did Notice can also be retrieved a public hearing is requested and 49408 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices granted, this determination shall not 66101, and the Missouri Department of Avenue, N.W., Washington, DC 20571, become effective until such time Natural Resources, Public Drinking (202) 565–3955. following the hearing that the Regional Water Program, 101 Jefferson Street, Carol F. Lee, Administrator issues an order affirming Jefferson City, Missouri 65102. General Counsel. or rescinding this action. If no timely FOR FURTHER INFORMATION CONTACT: M. [FR Doc. 95–23723 Filed 9–22–95; 8:45 am] and appropriate request for a hearing is Stan Calow, EPA Region VII Drinking BILLING CODE 6690±01±M received, and the Regional Water Branch, at the above address, Administrator does not elect to hold a telephone (913) 551–7410. hearing on his own motion, this Authority: Sec. 1413 of the Safe Drinking FEDERAL COMMUNICATIONS determination shall become effective Water Act, as amended (1986), and 40 CFR COMMISSION thirty (30) days from this Notice date. 142.10 of the National Primary Drinking Insubstantial requests for a hearing Water Regulations. Notice of Public Information may be denied by the Regional Dated: August 14, 1995. Collections being Reviewed by the Administrator. However, if a substantial Dennis Grams, Federal Communications Commission request is made within thirty (30) days Regional Administrator, EPA, Region VII. after this notice, a public hearing will be September 18, 1995. held. [FR Doc. 95–22331 Filed 9–22–95; 8:45 am] The Federal Communications, as part Requests for a public hearing should BILLING CODE 6560±50±P of its continuing effort to reduce be addressed to: Ralph Langemeier, paperwork burden invites the general Chief, Drinking Water Branch, U.S. public and other Federal agencies to Environmental Protection Agency, EXPORT-IMPORT BANK OF THE take this opportunity to comment on the Region VII, 726 Minnesota Avenue, UNITED STATES following proposed and/or continuing Kansas City, Kansas 66101. information collections, as required by Any request for a public hearing shall Notice of Open Special Meeting of the the Paperwork Reduction Act of 1995, include the following: (1) The name, Advisory Committee of the Export- Public Law 104–13. Comments are address, and telephone number of the Import Bank of the United States requested concerning (a) whether the individual, organization, or other entity SUMMARY: The Advisory Committee was proposed collection of information is requesting a hearing; (2) a brief established by P.L. 98–181, November necessary for the proper performance of statement of the requesting person’s 30, 1983, to advise the Export-Import the functions of the Commission, interest in the Regional Administrator’s Bank on its programs and to provide including whether the information shall determination and of information that comments for inclusion in the reports of have practical utility; (b) the accuracy of the requesting person intends to submit the Export-Import Bank to the United the Commissions burden estimates; (c) at such hearing; and (3) the signature of States Congress. ways to enhance the quality, utility, and the individual making the request; or, if clarity of the information collected and the request is made on behalf of an TIME AND PLACE: Thursday, October 12, (d) ways to minimize the burden of the organization or other entity, the 1995, at 9:30 a.m. to 12:00 noon. The collection of information on the signature of a responsible official of the meeting will be held at EX-IM Bank in respondents, including the use of organization or other entity. Room 1143, 811 Vermont Avenue, N.W., automated collection techniques or Notice of any hearing shall be given Washington, D.C. 20571. other forms of information technology. not less than fifteen (15) days prior to AGENDA: The meeting agenda will Written comments should be the time scheduled for the hearing. Such include a discussion of the following submitted on or before November 24, notice will be made by the Regional topics: Overview of the Small Business 1995. If you anticipate that you will be Administrator in the Federal Register Plan; Roundtable Discussion on ‘‘Small submitting comments, but find it and in newspapers of general Business Startegy’’; and Next Steps and difficult to do so within the period of circulation in the State of Missouri. A Other Topics. time allowed by this notice, you should notice will also be sent to the person(s) PUBLIC PARTICIPATION: The meeting will advise the contact listed below as soon requesting the hearing as well as to the be open to public participation; and the as possible. State of Missouri. The hearing notice last 10 minutes will be set aside for oral Direct all comments to Dorothy will include a statement of purpose, questions or comments. Members of the Conway, Federal Communications, information regarding time and location, public may also file written statement(s) Room 234, 1919 M St., NW., and the address and telephone number before or after the meeting. In order to Washington, DC 20554 or via internet to where interested persons may obtain permit the Export-Import Bank to [email protected]. further information. The Regional arrange suitable accommodations, For additional information or copies Administrator will issue an order members of the public who plan to of the information collections contact affirming or rescinding his attend the meeting should notify Cheryl Dorothy Conway at 202–418–0217 or via determination upon review of the Conlin, Room 1112, 811 Vermont internet at [email protected]. Copies hearing record. Should the Avenue, N.W., Washington, D.C. 20571, may also be obtained via fax by determination be affirmed, it will (202) 565–3955, not later than October contacting the Commission’s Fax on become effective as of the date of the 11, 1995. If any person wishes auxiliary Demand System. To obtain fax copies order. aids (such as a sign language interpreter) call 202–418–0177 from the handset on ADDRESSES: A copy of the primacy or other special accommodations, please your fax machine, and enter the application relating to this contact, prior to October 5, 1995, Cheryl document retrieval number indicated determination is available for inspection Conlin, Room 1112, 811 Vermont below for the collection you wish to between the hours of 7:30 a.m. and 4:30 Avenue, N.W., Washington, DC 20571, request, when prompted. p.m., Monday through Friday, at the Voice: (202) 565–3957 or TDD: (202) OMB Approval Number: New collection. following locations: U.S. EPA Region 565–3377. Title: Abbreviated Cost of Service VII Drinking Water Branch, 726 FOR FURTHER INFORMATION CONTACT: Filing For Cable Network Upgrades. Minnesota Avenue, Kansas City, Kansas Cheryl Conlin, Room 1112, 811 Vermont Form No.: FCC 1235. Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices 49409

Type of Review: New Collection. comments on or before September 28, calendar quarter. The report shall be Respondents: Businesses or other for- 1995. filed on a study area basis. profit; State, Local or Tribal Direct all comments to Timothy Fain, FCC Report 43–09B provides a fourth Governments. Office of Management and Budget, quarter report of video dialtone Number of Respondents: 2,100. Room 10236 NEOB, Washington, DC investment, expense, and revenue Estimated Time Per Response: 20 20503, (202) 395–3561 or via internet at disaggregated by regulated and hours. [email protected], and Dorothy nonregulated classification and by Total Annual Burden: 42,000 hours. Conway, Federal Communications, jurisdictional categories. The reports Needs and Uses: Section 76.922(h) Room 234, 1919 M St., NW., summarize the impact of video dialtone enables cable operators in some Washington, DC 20554 or via internet to on the interstate and intrastate circumstances to increase rates when [email protected]. jurisdictions and local telephone rates. undertaking significant network For additional information or copies The report line items generally follow upgrades. The FCC Form 1235 of the information collections contact those provided in existing FCC Report ‘‘Abbreviated Cost of Service Filing for Dorothy Conway at 202–418–0217 or via 43–01, ARMIS Quarterly Report, with Cable Network Upgrades’’, is to be used internet at [email protected]. Copies minor exceptions. The report columns by cable operators when undertaking may also be obtained via fax by identify data for each line item by total these upgrades. This form allows cable contacting the Commission’s Fax on costs and revenues, dedicated video operators to justify rate increases related Demand System. To obtain fax copies dialtone costs and revenues, shared to capital expenditures used to improve call 202–418–0177 from the handset on costs and revenues, video dialtone’s services to regulated cable subscribers. your fax machine, and enter the portion of shared costs and revenues, Operators wishing to establish a document retrieval number indicated total video dialtone costs and revenues, network upgrade rate increase should below, when prompted. video dialtone’s percentage of total costs file this form following the end of FCC Report 43–09A was adopted by and revenues, nonregulated and month in which upgrade cable services the Common Carrier Bureau to establish nonregulated video dialtone costs and become available and are providing reporting requirements on video revenues, and video dialtone costs and dialtone costs and jurisdictional benefits to the customers. In addition, revenues subject to separations and separations for local exchange carriers this form can be filed for pre-approval those allocated to the intrastate and offering video dialtone service. The any time prior to the upgraded services interstate jurisdictions. OMB approval report is prescribed for every local becoming available to the subscribers for these reporting requirements is being exchange carrier that has obtained using projected upgrade costs. If the pre- requested by September 29, 1995. Section 214 authorization from the approval option is exercised, the Commission to provide video dialtone OMB Control No.: None. operator must file the form again trials or commercial services. Title: ARMIS Video Dialtone following the end of the month in which Affected carriers shall file by June 30, Quarterly Report; ARMIS Video upgrade cable services become available September 30, and December 31 of each Dialtone Fourth Quarter Report. and are providing benefits to customers year the report for the previous quarter. Form Nos.: FCC Report 43–09A; FCC of regulated services, using actual costs The initial report will be filed on the Report 43–09B. where applicable. last day of the calendar quarter after the Action: New collection. Fax Document Retrieval Number: end of the calendar quarter in which a Respondents: Businesses or other for- 601235. carrier received authorization. The profit. Federal Communications Commission. report shall be filed on a study area Frequency of response: Quarterly. William F. Caton, basis. Estimated Annual Burden: 10 Acting Secretary. FCC Report 43–09A provides a respondents; average 462 hours per [FR Doc. 95–23605 Filed 9–22–95; 8:45 am] quarterly report of wholly dedicated and respondent; 4,620 hours total annual burden. BILLING CODE 6712±01±F shared video dialtone investment, expense, and revenue captured in a Needs and Uses: This information is carrier’s subsidiary accounting records. being collected in conjunction with the Public Information Collection The report line items generally follow Common Carrier Bureau’s Order Requirement Submitted to OMB for those provided in existing FCC Report Inviting Comment, DA 95–1409, AAD Review 43–01, ARMIS Quarterly Report, with No. 95–59 (released June 23, 1995), that minor exceptions. The report columns proposed the content and format of September 20, 1995. identify data for each line item by video dialtone reports initiated by the The Federal Communications, as part dedicated video dialtone costs and Commission’s Video Dialtone of its continuing effort to reduce revenues, shared costs and revenues, Reconsideration Order, 10 FCC Rcd 244 paperwork burden invites the general and video dialtone’s portion of shared (November 7, 1994). The reports will public and other Federal agencies to costs and revenues. enable the Commission, State regulatory take this opportunity to comment on the FCC Report 43–09B was adopted by agencies, local exchange carriers following information collections, as the Common Carrier Bureau to establish (‘‘LECs’’), and other interested parties to required by the Paperwork Reduction reporting requirements on video analyze LECs’ video dialtone Act of 1980, (44 U.S.C. 3507). dialtone costs and jurisdictional investment, revenue, and costs. Comments concerning the separations for local exchange carriers Specifically, the data will allow the Commission’s need for this information, offering video dialtone service. The Commission to monitor the the accuracy of the provided burden report is prescribed for every local implementation of video dialtone estimates, and any suggested methods exchange carrier that has obtained service, to assist the Commission in for minimizing respondent burden, Section 214 authorization from the ensuring that local telephone service including the use of automated Commission to provide video dialtone ratepayers do not absorb any of the costs information techniques are requested. trials or commercial services. of a LEC’s video dialtone operations, to Persons wishing to comment on this Affected carriers shall file by March track the impact of video dialtone on information collection should submit 31 of each year the report for the fourth jurisdictional separations and local 49410 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices telephone rates, and to aid the FOR FURTHER INFORMATION CONTACT: been affected adversely by this declared Commission in its tariff review process. Pauline C. Campbell, Response and major disaster: Document Retrevial Number: 604309. Recovery Directorate, Federal The Commonwealth of Puerto Rico for Federal Communications Commission. Emergency Management Agency, assistance as follows: FEMA is authorized to William F. Caton, Washington, DC 20472, (202) 646–3606. provide appropriate assistance for required emergency measures, authorized under Title Acting Secretary. SUPPLEMENTARY INFORMATION: Notice is IV of the Stafford Act, to save lives, protect [FR Doc. 95–23773 Filed 9–22–95; 8:45 am] hereby given that, in a letter dated September 16, 1995, the President property and public health and safety, and BILLING CODE 6712±01±F lessen or avert the threat of a catastrophe in declared a major disaster under the the designated areas. Specifically, FEMA is authority of the Robert T. Stafford authorized to identify, mobilize, and provide Disaster Relief and Emergency FEDERAL EMERGENCY at your discretion, equipment and resources Assistance Act (42 U.S.C. 5121 et seq.), necessary to alleviate the impacts of the MANAGEMENT AGENCY as follows: disaster. Direct Federal assistance is [FEMA±1065±DR] I have determined that the damage in authorized for the first 72 hours at 100 certain areas of the Commonwealth of Puerto percent Federal funding. Ohio; Amendment to Notice of a Major Rico, resulting from Hurricane Marilyn on (Catalog of Federal Domestic Assistance No. Disaster Declaration September 15, 1995 and continuing is of 83.516, Disaster Assistance) sufficient severity and magnitude to warrant James L. Witt, AGENCY: Federal Emergency a major disaster declaration under the Robert Director. Management Agency (FEMA). T. Stafford Disaster Relief and Emergency [FR Doc. 95–23700 Filed 9–22–95; 8:45 am] ACTION: Notice. Assistance Act (‘‘the Stafford Act’’). I, therefore, declare that such a disaster exists BILLING CODE 6718±02±P SUMMARY: This notice amends the notice in the Commonwealth of Puerto Rico. of a major disaster for the State of Ohio, You are authorized to coordinate all (FEMA–1065–DR), dated August 25, disaster relief efforts which have the purpose [FEMA±1068±DR] of alleviating the hardship and suffering 1995, and related determinations. caused by the disaster on the local Commonwealth of Puerto Rico; EFFECTIVE DATE: September 13, 1995. population, and to provide appropriate Amendment to Notice of a Major assistance for required emergency measures, FOR FURTHER INFORMATION CONTACT: Disaster Declaration Pauline C. Campbell, Response and authorized under Title IV of the Stafford Act, Recovery Directorate, Federal to save lives, protect property and public health and safety, and lessen or avert the AGENCY: Federal Emergency Emergency Management Agency, threat of a catastrophe in the designated Management Agency (FEMA). Washington, DC 20472, (202) 646–3606. areas. Specifically, you are authorized to ACTION: Notice. SUPPLEMENTARY INFORMATION: The notice identify, mobilize, and provide at your of a major disaster for the State of Ohio discretion, equipment and resources dated August 25, 1995, is hereby necessary to alleviate the impacts of the SUMMARY: This notice amends the notice amended to include the following area disaster. I have further authorized direct of a major disaster for the among those areas determined to have Federal assistance for the first 72 hours at Commonwealth of Puerto Rico, (FEMA– 100 percent Federal funding. been adversely affected by the 1068–DR), dated September 16, 1995, In order to provide Federal assistance, you and related determinations. catastrophe declared a major disaster by are hereby authorized to allocate from funds the President in his declaration of available for these purposes, such amounts as EFFECTIVE DATE: September 18, 1995. August 25, 1995: you find necessary for Federal emergency assistance and administrative expenses. FOR FURTHER INFORMATION CONTACT: Washington County for Individual Pauline C. Campbell, Response and Assistance and Hazard Mitigation Assistance. Individual Assistance, Public Assistance or Hazard Mitigation Assistance may be Recovery Directorate, Federal (Catalog of Federal Domestic Assistance No. provided at a later date, if warranted. Emergency Management Agency, 83.516, Disaster Assistance.) Consistent with the requirement that Federal Washington, DC 20472, (202) 646–3606. G. Clay Hollister, assistance be supplemental, any Federal Deputy Associate Director, Response and funds provided under the Stafford Act except SUPPLEMENTARY INFORMATION: The notice Recovery Directorate. as noted in the paragraph above will be of a major disaster for the [FR Doc. 95–23699 Filed 9–22–95; 8:45 am] limited to 75 percent of the total eligible Commonwealth of Puerto Rico dated costs. BILLING CODE 6718±02±P September 16, 1995, is hereby amended The time period prescribed for the to include Individual Assistance, Public implementation of section 310(a), Assistance and Hazard Mitigation [FEMA±1068±DR] Priority to Certain Applications for Assistance in the following areas Public Facility and Public Housing determined to have been adversely Commonwealth of Puerto Rico; Major affected by the catastrophe declared a Disaster and Related Determinations Assistance, 42 U.S.C. 5153, shall be for a period not to exceed six months after major disaster by the President in his AGENCY: Federal Emergency the date of this declaration. declaration of September 16, 1995: Management Agency (FEMA). Notice is hereby given that pursuant The municipalities of Culebra and Vieques ACTION: Notice. to the authority vested in the Director of for Individual Assistance, Public Assistance the Federal Emergency Management and Hazard Mitigation Assistance. SUMMARY: This is a notice of the Agency under Executive Order 12148, I (Catalog of Federal Domestic Assistance No. Presidential declaration of a major hereby appoint Jose Bravo of the Federal 83.516, Disaster Assistance.) disaster for the Commonwealth of Emergency Management Agency to act G. Clay Hollister, Puerto Rico (FEMA–1068–DR), dated as the Federal Coordinating Officer for Deputy Associate Director, Response and September 16, 1995, and related this declared disaster. Recovery Directorate. determinations. I do hereby determine the [FR Doc. 95–23701 Filed 9–22–95; 8:45 am] EFFECTIVE DATE: September 16, 1995. Commonwealth of Puerto Rico to have BILLING CODE 6718±02±P Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices 49411

[FEMA±1067±DR] Recovery Directorate, Federal appropriate assistance for required Emergency Management Agency, emergency measures, authorized under Title U.S. Virgin Islands; Amendment to Washington, DC 20472, (202) 646–3606. IV of the Stafford Act, to save lives, protect Notice of a Major Disaster Declaration property and public health and safety, and SUPPLEMENTARY INFORMATION: Notice is lessen or avert the threat of a catastrophe in AGENCY: Federal Emergency hereby given that, in a letter dated the designated areas. Specifically, FEMA is Management Agency (FEMA). September 16, 1995, the President authorized to identify, mobilize, and provide ACTION: Notice. declared a major disaster under the at your discretion, equipment and resources authority of the Robert T. Stafford necessary to alleviate the impacts of the SUMMARY: This notice amends the notice Disaster Relief and Emergency disaster. Direct Federal assistance is of a major disaster for the U.S. Virgin Assistance Act (42 U.S.C. 5121 et seq.), authorized for the first 72 hours at 100 Islands (FEMA–1067–DR), dated as follows: percent Federal funding. September 16, 1995, and related (Catalog of Federal Domestic Assistance No. I have determined that the damage in the 83.516, Disaster Assistance.) determinations. U.S. Virgin Islands, resulting from Hurricane EFFECTIVE DATE: September 18, 1995. Marilyn on September 15, 1995 and James L. Witt, FOR FURTHER INFORMATION CONTACT: continuing is of sufficient severity and Director. Pauline C. Campbell, Response and magnitude to warrant a major disaster [FR Doc. 95–23703 Filed 9–22–95; 8:45 am] declaration under the Robert T. Stafford Recovery Directorate, Federal BILLING CODE 6718±02±P Disaster Relief and Emergency Assistance Act Emergency Management Agency, (‘‘the Stafford Act’’). I, therefore, declare that Washington, DC 20472, (202) 646–3606. such a disaster exists in the U.S. Virgin SUPPLEMENTARY INFORMATION: Notice is Islands. FEDERAL MARITIME COMMISSION hereby given that, effective this date and You are authorized to coordinate all pursuant to the authority vested in the disaster relief efforts which have the purpose Notice of Agreement(s) Filed of alleviating the hardship and suffering Director of the Federal Emergency The Federal Maritime Commission Management Agency under Executive caused by the disaster on the local population, and to provide appropriate hereby gives notice of the filing of the Order 12148, I hereby appoint Dennis assistance for required emergency measures, following agreement(s) pursuant to Kwiatkowski of the Federal Emergency authorized under Title IV of the Stafford Act, section 5 of the Shipping Act of 1984. Management Agency to act as the to save lives, protect property and public Interested parties may inspect and Federal Coordinating Officer for this health and safety, and lessen or avert the obtain a copy of each agreement at the declared disaster. threat of a catastrophe in the designated Washington, D.C. Office of the Federal areas. Specifically, you are authorized to This action terminates my Maritime Commission, 800 North appointment of Joseph Picciano as identify, mobilize, and provide at your discretion, equipment and resources Capitol Street, N.W., 9th Floor. Federal Coordinating Officer for this Interested parties may submit comments disaster. necessary to alleviate the impacts of the disaster. I have further authorized direct on each agreement to the Secretary, The notice of a major disaster for the Federal assistance for the first 72 hours at Federal Maritime Commission, U.S. Virgin Islands dated September 16, 100 percent Federal funding. Washington, D.C. 20573, within 10 days 1995, is hereby amended to include the In order to provide Federal assistance, you after the date of the Federal Register in following areas determined to have been are hereby authorized to allocate from funds which this notice appears. The adversely affected by the catastrophe available for these purposes, such amounts as requirements for comments are found in declared a major disaster by the you find necessary for Federal emergency section 572.603 of Title 46 of the Code President in his declaration of assistance and administrative expenses. of Federal Regulations. Interested September 16, 1995: Individual Assistance, Public Assistance or Hazard Mitigation Assistance may be persons should consult this section The Islands of St. Croix, St. John, and St. provided at a later date, if warranted. before communicating with the Thomas for Individual Assistance, Public Consistent with the requirement that Federal Commission regarding a pending Assistance and Hazard Mitigation Assistance. assistance be supplemental, any Federal agreement. (Catalog of Federal Domestic Assistance No. funds provided under the Stafford Act except Agreement No.: 232–011513. 83.516, Disaster Assistance.) as noted in the paragraph above will be Title: HMM/K-Line Space Charter James L. Witt, limited to 75 percent of the total eligible Agreement. costs. Director. Parties: Hyundai Merchant Marine [FR Doc. 95–23702 Filed 9–22–95; 8:45 am] The time period prescribed for the Co., Ltd., Kawasaki Kisen Kaisha, Ltd. BILLING CODE 6718±02±P implementation of section 310(a), Synopsis: The proposed Agreement Priority to Certain Applications for permits the parties to charter space from Public Facility and Public Housing one another. In addition, the parties [FEMA±1067±DR] Assistance, 42 U.S.C. 5153, shall be for may consult and agree upon the a period not to exceed six months after U.S. Virgin Islands; Major Disaster and operation, deployment and utilization, the date of this declaration. Related Determinations and rationalization of vessels in the Notice is hereby given that pursuant trade between ports in Asia, the Mid- AGENCY: Federal Emergency to the authority vested in the Director of East and ports on the U.S. Pacific Coast, Management Agency (FEMA). the Federal Emergency Management including Alaska, and inland U.S. ACTION: Notice. Agency under Executive Order 12148, I points via such ports. hereby appoint Joseph Picciano of the Agreement No.: 232–011514. SUMMARY: This is a notice of the Federal Emergency Management Agency Title: Kline/Yangming Transpacific Presidential declaration of a major to act as the Federal Coordinating Rationalization and Space Charter disaster for the U.S. Virgin Islands Officer for this declared disaster. Agreement. (FEMA–1067–DR), dated September 16, I do hereby determine the U.S. Virgin Parties: Kawasaki Kisen Kaisha, Ltd., 1995, and related determinations. Islands to have been affected adversely Yangming Marine Transport EFFECTIVE DATE: September 16, 1995. by this declared major disaster: Corporation. FOR FURTHER INFORMATION CONTACT: The U.S. Virgin Islands for assistance as Synopsis: The proposed Agreement Pauline C. Campbell, Response and follows: FEMA is authorized to provide permits the parties to charter space from 49412 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices one another. In addition, the parties Dated: September 19, 1995. all the voting securities of Eagle may consult and agree upon the Joseph C. Polking, National Holding Company, Inc., operation, deployment and utilization, Secretary. proposes to acquire and directly own and rationalization of vessels in the [FR Doc. 95–23638 Filed 9–22–95; 8:45 am] such shares. trade between ports in Asia, the Mid- BILLING CODE 6730±01±M Board of Governors of the Federal Reserve East, Australia and New Zealand and System, September 19, 1995. ports on the U.S. Pacific Coast, Jennifer J. Johnson, including Alaska, and inland U.S. FEDERAL RESERVE SYSTEM points via such ports. Deputy Secretary of the Board. [FR Doc. 95–23672 Filed 9–22–95; 8:45 am] By Order of the Federal Maritime Bancol y Cia. S. en C.; Formation of, Commission. Acquisition by, or Merger of Bank BILLING CODE 6210±01±F Holding Companies Dated: September 19, 1995. Joseph C. Polking, The company listed in this notice has First Financial Bankshares, Inc.; Secretary. applied for the Board’s approval under Formation of, Acquisition by, or section 3 of the Bank Holding Company [FR Doc. 95–23642 Filed 9–22–95; 8:45 am] Merger of Bank Holding Companies Act (12 U.S.C. 1842) and § 225.14 of the BILLING CODE 6730±01±M Board’s Regulation Y (12 CFR 225.14) to The company listed in this notice has become a bank holding company or to applied for the Board’s approval under acquire a bank or bank holding section 3 of the Bank Holding Company Ocean Freight Forwarder License company. The factors that are Act (12 U.S.C. 1842) and § 225.14 of the Applicants considered in acting on the applications Board’s Regulation Y (12 CFR 225.14) to are set forth in section 3(c) of the Act become a bank holding company or to Notice is hereby given that the (12 U.S.C. 1842(c)). following applicants have filed with the The application is available for acquire a bank or bank holding Federal Maritime Commission immediate inspection at the Federal company. The factors that are applications for licenses as ocean freight Reserve Bank indicated. Once the considered in acting on the applications forwarders pursuant to section 19 of the application has been accepted for are set forth in section 3(c) of the Act Shipping Act of 1984 (46 U.S.C. app. processing, it will also be available for (12 U.S.C. 1842(c)). 1718 and 46 CFR 510). inspection at the offices of the Board of The application is available for Persons knowing of any reason why Governors. Interested persons may immediate inspection at the Federal any of the following applicants should express their views in writing to the Reserve Bank indicated. Once the not receive a license are requested to Reserve Bank indicated for that application has been accepted for contact the Office of Freight Forwarders, application or to the offices of the Board processing, it will also be available for Federal Maritime Commission, of Governors. Any comment on an inspection at the offices of the Board of Washington, D.C. 20573. application that requests a hearing must Governors. Interested persons may include a statement of why a written express their views in writing to the Ayma Cargo Corp., 4408 N.W. 74th presentation would not suffice in lieu of Reserve Bank indicated for that Avenue, Miami, FL 33166; Officers: a hearing, identifying specifically any application or to the offices of the Board Andres Amorosi, President; Santiago questions of fact that are in dispute and Maggi, Vice President. of Governors. Any comment on an summarizing the evidence that would application that requests a hearing must Joseph Industries, Inc. dba Joseph be presented at a hearing. include a statement of why a written International Freight Services, 848 Comments regarding this application presentation would not suffice in lieu of Newell Avenue, Muscatine, IA 52761; must be received not later than October a hearing, identifying specifically any Officers: Raul Anthony Joseph, 19, 1995. questions of fact that are in dispute and A. Federal Reserve Bank of Atlanta President; Ralph Joseph, Treasurer. summarizing the evidence that would (Zane R. Kelley, Vice President) 104 J.B. Rothenberg & Co., Inc. dba J.B.R. be presented at a hearing. Marietta Street, N.W., Atlanta, Georgia Shipping, 43 Redwood Avenue, 30303: Comments regarding this application Edison, NJ 08817; Officers: John B. 1. Jaime Gilinski y Cia. S. en C., PBZ must be received not later than October Rothenberg, President; Chi-Pei Chen, Ltda. y Cia. S. en C., Raquel Kardonski 19, 1995. Vice President. y Cia. S. en C., Isaac Gilinski y Cia. S. A. Federal Reserve Bank of Dallas Action Worldwide Cargo Services, en C., Perla Bacal de Gilinski y Cia. S. (Genie D. Short, Vice President) 2200 16515 Hedgecroft, Suite 302, Houston, en C. (collectively, Companies), and North Pearl Street, Dallas, Texas 75201- TX 77060; Nancy S. Frederick, Sole Bancol y Cia. S. en C. (Bancol), all of 2272: Proprietor. Santa Fe de Bogota, Colombia, to become bank holding companies and to 1. First Financial Bankshares, Inc., Advante Customs Broker and Freight Abilene, Texas, and First Financial Forwarders Inc., 529 Commercial retain, indirectly, all the voting securities of Eagle National Holding Bankshares of Delaware, Inc. Street, Fourth FL, San Francisco, CA Wilmington, Delaware; to acquire 94111; Officers: Dale M.A. Zerda, Company, and thereby retain 99.2 percent of the voting securities of Eagle Citizens Equity Corporation, President; Deborah Ann Zerda- Weatherford, Texas, and thereby Andrews, Vice President. National Bank of Miami, N.A., both of Miami, Florida. Applicants, in the indirectly acquire Citizens National International Cargo Services, Inc., 139 Bank, Weatherford, Texas. # aggregate, own all the voting securities Mitchell Avenue, 277, So. San of Bancol, which controls the power to In connection with this application, Francisco, CA 94080; Officers: vote 74.9 percent of the voting securities First Financial Bankshares of Delaware, Seymour A. Hills, President; Marcia of Banco de Colombia, S.A., Santa Fe de Inc., Wilmington, Delaware; also has A. Hills, Vice President. Bogota, Colombia. In addition, Banco de applied to merge with Citizens Equity By the Federal Maritime Commission. Colombia, S.A., which indirectly owns Corporation, Weatherford, Texas. Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices 49413

Board of Governors of the Federal Reserve Savings Bank, Reno, Nevada, and likely to meet, the standards of the BHC System, September 19, 1995. thereby engage in operating a savings Act. Any comments or requests for Jennifer J. Johnson, and loan association, pursuant to § hearing should be submitted in writing Deputy Secretary of the Board. 225.25(b)(9) of the Board’s Regulation Y; and received by William W. Wiles, [FR Doc. 95–23673 Filed 9–22–95; 8:45 am] and engage in the originating and Secretary, Board of Governors of the BILLING CODE 6210±01±F purchasing of loans secured by single- Federal Reserve System, Washington, family residential real estate and to a D.C. 20551, not later than October 11, lesser extent, originating multi-family, 1995. Any request for a hearing on this Norwest Corporation; Acquisition of commercial real estate, consumer, application must, as required by § Company Engaged in Permissible construction and other loans, pursuant 262.3(e) of the Board’s Rules of Nonbanking Activities to § 225.25(b)(1) of the Board’s Procedure (12 CFR 262.3(e)), be Regulation Y. AMFED also acts as a accompanied by a statement of the The organization listed in this notice trustee under deeds of trust, pursuant to reasons why a written presentation has applied under § 225.23(a)(2) or (f) § 225.25(b)(3) of the Board’s Regulation would not suffice in lieu of a hearing, of the Board’s Regulation Y (12 CFR Y. identifying specifically any questions of 225.23(a)(2) or (f)) for the Board’s fact that are in dispute, summarizing the approval under section 4(c)(8) of the Board of Governors of the Federal Reserve System, September 19, 1995. evidence that would be presented at a Bank Holding Company Act (12 U.S.C. hearing, and indicating how the party 1843(c)(8)) and § 225.21(a) of Regulation Jennifer J. Johnson, commenting would be aggrieved by Y (12 CFR 225.21(a)) to acquire or Deputy Secretary of the Board. [FR Doc. 95–23674 Filed 9–22–95; 8:45 am] approval of the proposal. control voting securities or assets of a This application may be inspected at BILLING CODE 6210±01±F company engaged in a nonbanking the offices of the Board of Governors or activity that is listed in § 225.25 of the Federal Reserve Bank of New York. Regulation Y as closely related to banking and permissible for bank Waterhouse Investor Services, Inc.; Board of Governors of the Federal Reserve holding companies. Unless otherwise Notice to Engage in Certain System, September 19, 1995. noted, such activities will be conducted Nonbanking Activities Jennifer J. Johnson, throughout the United States. Waterhouse Investor Services, Inc., Deputy Secretary of the Board. The application is available for New York, New York (Notificant), has [FR Doc. 95–23675 Filed 9–22–95; 8:45 am] immediate inspection at the Federal provided notice pursuant to section BILLING CODE 6210±01±F Reserve Bank indicated. Once the 4(c)(8) of the Bank Holding Company application has been accepted for Act (12 U.S.C. 1843(c)(8)) (BHC Act) and processing, it will also be available for § 225.23(a)(3) of the Board’s Regulation DEPARTMENT OF HEALTH AND inspection at the offices of the Board of Y (12 CFR 225.23(a)(3)), to transfer HUMAN SERVICES Governors. Interested persons may certain securities activities from its express their views in writing on the subsidiary, Waterhouse Securities, Inc., Agency for Health Care Policy and question whether consummation of the New York, New York, to a de novo Research proposal can ‘‘reasonably be expected to subsidiary, National Investor Services Health Care Policy and Research; produce benefits to the public, such as Corp., New York, New York (Company), Special Emphasis Panel Meeting greater convenience, increased and thereby engage in executing and competition, or gains in efficiency, that clearing securities transactions and In accordance with section 10(a) of outweigh possible adverse effects, such providing related services. Company’s the Federal Advisory Committee Act (5 as undue concentration of resources, proposed securities-related activities U.S.C., Appendix 2) announcement is decreased or unfair competition, would include providing clearing-only made of the following special emphasis conflicts of interests, or unsound services. Notificant maintains that the panel scheduled to meet during the banking practices.’’ Any request for a Board previously has determined that month of October 1995: hearing on this question must be the proposed activities are closely Name: Health Care Policy and Research accompanied by a statement of the related to banking. See 12 CFR Special Emphasis Panel. reasons a written presentation would 225.25(b)(15); BankAmerica Date and Time: October 26, 1995, 8:30 a.m. not suffice in lieu of a hearing, Corporation, 69 Federal Reserve Place: The DoubleTree Hotel, 1750 identifying specifically any questions of Bulletin 105 (1983); The Bank of New Rockville Pike, Conference Room TBA, fact that are in dispute, summarizing the York Company, Inc., 74 Federal Reserve Rockville, Maryland 20852. evidence that would be presented at a Bulletin 257 (1988). Notificant also Open October 26, 8:30 a.m. to 9:30 a.m. hearing, and indicating how the party maintains that its proposal would Closed for remainder of meeting. produce benefits to the public, such as Purpose: This Panel is charged with commenting would be aggrieved by conducting the initial review of grant approval of the proposal. gains in efficiency and increased applications on research that will provide Comments regarding the application competition, that would outweigh any convincing evidence for, or against, the must be received at the Reserve Bank possible adverse effects. These activities effectiveness and cost effectiveness of indicated or the offices of the Board of would be conducted throughout the alternative clinical interventions used to Governors not later than October 10, United States. prevent, diagnose, treat, and manage 1995. In publishing the proposal for common clinical conditions. A. Federal Reserve Bank of comment, the Board does not take a Agenda: The open session of the meeting Minneapolis (James M. Lyon, Vice position on issues raised by the on October 26, from 8:30 a.m. to 9:30 a.m., President) 250 Marquette Avenue, proposal. Notice of the proposal is will be devoted to a business meeting covering administrative matters. During the Minneapolis, Minnesota 55480: published solely to seek the views of closed session, the committee will be 1. Norwest Corporation, Minneapolis, interested persons on the issues reviewing and discussing grant applications Minnesota; to acquire AMFED presented by the application and does dealing with health services research issues. Financial, Inc., Reno, Nevada, and not represent a determination by the In accordance with the Federal Advisory thereby acquire American Federal Board that the proposal meets, or is Committee Act, section 10(d) of 5 U.S.C., 49414 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices

Appendix 2 and 5 U.S.C., 552b(c)(6), it has days of its filing to determine whether [Docket No. 95F±0255] been determined that this latter session will the requirements of section 802(b)(3)(B) be closed because the discussions are likely have been satisfied. Section 802(b)(3)(A) GE Silicones; Filing of Food Additive to reveal personal information concerning Petition individuals associated with the grant of the act requires that the agency applications. This information is exempt publish a notice in the Federal Register AGENCY: Food and Drug Administration, from mandatory disclosure. within 10 days of the filing of an HHS. Anyone wishing to obtain a roster of application for export to facilitate public ACTION: Notice. members or other relevant information participation in its review of the should contact Gerald E. Calderone, Ph.D., application. To meet this requirement, SUMMARY: The Food and Drug Agency for Health Care Policy and Research, the agency is providing notice that Administration (FDA) is announcing Suite 400, 2101 East Jefferson Street, that GE Silicones has filed a petition Syntex Animal Health, Division of Rockville, Maryland 20852, Telephone (301) proposing that the food additive 594–2462. Syntex Agribusiness, Inc., 3401 regulations be amended to provide for Agenda items for this meeting are subject Hillview Ave., Palo Alto, CA 94304, has the safe use of vinyl-containing to change as priorities dictate. filed application number 6242 siloxanes as a coating on paper and Dated: September 14, 1995. requesting approval for export of the paperboard in contact with food and to  TM Clifton R. Gaus, animal drug Syntex Plus provide for the safe use of 1-ethynyl-1- Administrator. (trenbolone acetate and estradiol cyclohexanol as an optional inhibitor [FR Doc. 95–23604 Filed 9–22–95; 8:45 am] benzoate) Implant to Canada. The drug for the additive. It is also proposed that BILLING CODE 4160±90±M is an implant consisting of 8 pellets and the regulations be amended to increase it contains 200 milligrams (mg) of the level of platinum catalyst used in trenbolone acetate plus 28 mg of the manufacture of vinyl-containing Food and Drug Administration estradiol benzoate. The implant is to be siloxanes to 200 parts per million [Docket No. 95N±0297] used to increase weight gain and (ppm). improve feed efficiency in feedlot steers DATES: Written comments on the Animal Drug Export; Syntex PlusTM and heifers. The application was petitioner’s environmental assessment Implant received and filed in the Center for by October 25, 1995 Veterinary Medicine on August 30, ADDRESSES: Submit written comments AGENCY: Food and Drug Administration, 1995, which shall be considered the to the Dockets Management Branch HHS. filing date for purposes of the act. (HFA–305), Food and Drug ACTION: Notice. Interested persons may submit Administration, rm. 1–23, 12420 Parklawn Dr., Rockville, MD 20857. SUMMARY: The Food and Drug relevant information on the application FURTHER INFORMATION CONTACT: Hortense Administration (FDA) is announcing to the Dockets Management Branch S. Macon, Center for Food Safety and that Syntex Animal Health has filed an (address above) in two copies (except Applied Nutrition (HFS–216), Food and application requesting approval for that individuals may submit single Drug Administration, 200 C St. SW., export of the animal drug Syntex copies) and identified with the docket Washington, DC 20204, 202–418–3086. PlusTM (trenbolone acetate and estradiol number found in brackets in the SUPPLEMENTARY INFORMATION: benzoate) Implant to Canada. heading of this document. These Under the Federal Food, Drug, and Cosmetic Act ADDRESSES: Relevant information on submissions may be seen in the Dockets (sec. 409(b)(5) (21 U.S.C. 348(b)(5))), this application may be directed to the Management Branch between 9 a.m. and notice is given that a petition (FAP Dockets Management Branch (HFA– 4 p.m., Monday through Friday. 5B4475) has been filed by GE Silicones, 305), Food and Drug Administration, The agency encourages any person c/o 700 13th St., NW., Washington, DC rm. 1–23, 12420 Parklawn Dr., who submits relevant information on 20005. The petition proposes to amend Rockville, MD 20857, and to the contact the application to do so by October 5, the food additive regulations in person identified below. Any future 1995, and to provide an additional copy § 176.170 Components of paper and inquiries concerning the export of food of the submission directly to the contact paperboard in contact with aqueous and animal drugs under the Drug Export person identified above, to facilitate fatty foods (21 CFR 176.170) to provide Amendments Act of 1986 should also be for the safe use of vinyl-containing directed to the contact person. consideration of the information during the 30-day review period. siloxanes as a component of coatings for FOR FURTHER INFORMATION CONTACT: paper and paperboard in contact with This notice is issued under the Benjamin A. Puyot, Center for food and to provide for the safe use of Federal Food, Drug, and Cosmetic Act Veterinary Medicine (HFV–130), Food 1-ethynyl-1-cyclohexanol as an optional and Drug Administration, 7500 Standish (sec. 802 (21 U.S.C. 382)) and under inhibitor for the additive. It is also Pl., Rockville, MD 20855, 301–594– authority delegated to the Commissioner proposed that the regulations be 1646. of Food and Drugs (21 CFR 5.10) and amended to increase the level of SUPPLEMENTARY INFORMATION: The drug redelegated to the Center for Veterinary platinum catalyst used in the export provisions in section 802 of the Medicine (21 CFR 5.44). manufacture of vinyl-containing Federal Food, Drug, and Cosmetic Act Dated: September 8, 1995. siloxane to 200 ppm. (the act) (21 U.S.C. 382) provide that Robert C. Livingston, The potential environmental impact FDA may approve applications for the of this action is being reviewed. To export of drugs that are not currently Director, Office of New Animal Drug encourage public participation Evaluation, Center for Veterinary Medicine. approved in the United States. Section consistent with regulations promulgated 802(b)(3)(B) of the act sets forth the [FR Doc. 95–23685 Filed 9–22–95; 8:45 am] under the National Environmental requirements that must be met in an BILLING CODE 4160±01±F Policy Act (40 CFR 1501.4 (b)), the application for approval. Section agency is placing the environmental 802(b)(3)(C) of the act requires that the assessment submitted with the petition agency review the application within 30 that is the subject of this notice on Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices 49415 public display at the Dockets information about a particular advisory products regulated by FDA. The Management Branch (address above) for committee by using the committee’s 5- discussion is designed to give the public review and comment. Interested digit number. Information in the hotline agency direction for future program persons may, on or before (insert date is preliminary and may change before a development. 30 days after date of publication in the meeting is actually held. The hotline FDA public advisory committee Federal Register), submit to the Dockets will be updated when such changes are meetings may have as many as four Management Branch (address above) made. separable portions: (1) An open public written comments. Two copies of any MEETING: The following advisory hearing, (2) an open committee comments are to be submitted, except committee meeting is announced: discussion, (3) a closed presentation of that individuals may submit one copy. data, and (4) a closed committee Science Board to the Food and Drug Comments are to be identified with the deliberation. Every advisory committee Administration docket number found in brackets in the meeting shall have an open public heading of this document. Received Date, time, and place. November 6, hearing portion. Whether or not it also comments may be seen in the office 1995, 8:30 a.m., DoubleTree Hotel— includes any of the other three portions above between 9 a.m. and 4 p.m., National Airport, Washington Room, will depend upon the specific meeting Monday through Friday. FDA will also 300 Army Navy Dr., Arlington, VA. involved. There are no closed portions place on public display any Type of meeting and contact person. for the meetings announced in this amendments to, or comments on, the Open committee discussion, 8:30 a.m. to notice. The dates and times reserved for petitioner’s environmental assessment 2:30 p.m.; open public hearing, 2:30 the open portions of each committee without further announcement in the p.m. to 3:30 p.m., unless public meeting are listed above. Federal Register. If based on its review, participation does not last that long; The open public hearing portion of the agency finds that an open committee discussion, 3:30 p.m. to each meeting shall be at least 1 hour environmental impact statement is not 5 p.m.; Susan A. Homire, Office of long unless public participation does required and this petition results in a Science (HF–33), Food and Drug not last that long. It is emphasized, regulation, the notice of availability of Administration, 5600 Fishers Lane, however, that the 1 hour time limit for the agency’s finding of no significant Rockville, MD 20857, 301–827–3340, or an open public hearing represents a impact and evidence supporting that FDA Advisory Committee Information minimum rather than a maximum time Hotline, 1–800–741–8138 (301–443– finding will be published with the for public participation, and an open 0572 in the Washington, DC area), regulation in the Federal Register in public hearing may last for whatever Science Board to the Food and Drug accordance with 21 CFR 25.40(c). longer period the committee Administration, code 12603. Dated: September 13, 1995. General function of the board. The chairperson determines will facilitate Alan M. Rulis, board shall provide advice primarily to the committee’s work. Acting Director, Office of Premarket the agency’s Senior Science Advisor Public hearings are subject to FDA’s Approval, Center for Food Safety and Applied and, as needed, to the Commissioner guideline (subpart C of 21 CFR part 10) Nutrition. and other appropriate officials on concerning the policy and procedures [FR Doc. 95–23596 Filed 9–22–95; 8:45 am] specific complex and technical issues as for electronic media coverage of FDA’s BILLING CODE 4160±01±F well as emerging issues within the public administrative proceedings, scientific community in industry and including hearings before public academia. Additionally, the board will advisory committees under 21 CFR part Advisory Committee; Notice of Meeting provide advice to the agency on keeping 14. Under 21 CFR 10.205, representatives of the electronic media AGENCY: Food and Drug Administration, pace with technical and scientific HHS. evolutions in the fields of regulatory may be permitted, subject to certain limitations, to videotape, film, or ACTION: Notice. science; on formulating an appropriate research agenda; and on upgrading its otherwise record FDA’s public SUMMARY: This notice announces a scientific and research facilities to keep administrative proceedings, including forthcoming meeting of a public pace with these changes. It will also presentations by participants. advisory committee of the Food and provide the means for critical review of Meetings of advisory committees shall Drug Administration (FDA). This notice agency sponsored intramural and be conducted, insofar as is practical, in also summarizes the procedures for the extramural scientific research programs. accordance with the agenda published meeting and methods by which Agenda—Open public hearing. in this Federal Register notice. Changes interested persons may participate in Interested persons may present data, in the agenda will be announced at the open public hearings before FDA’s information, or views, orally or in beginning of the open portion of a advisory committees. writing, on issues pending before the meeting. FDA has established an Advisory board. Those desiring to make formal Any interested person who wishes to Committee Information Hotline (the presentations must notify the contact be assured of the right to make an oral hotline) using a voice-mail telephone person before October 23, 1995, and presentation at the open public hearing system. The hotline provides the public submit a brief statement of the general portion of a meeting shall inform the with access to the most current nature of the evidence or arguments contact person listed above, either orally information on FDA advisory committee they wish to present, and the names and or in writing, prior to the meeting. Any meetings. The advisory committee addresses of proposed participants. person attending the hearing who does hotline, which will disseminate current Each presenter will be limited in time not in advance of the meeting request an information and information updates, and not all requests to speak may be opportunity to speak will be allowed to can be accessed by dialing 1–800–741– able to be accommodated. All written make an oral presentation at the 8138 or 301–443–0572. Each advisory statements submitted in a timely fashion hearing’s conclusion, if time permits, at committee is assigned a 5-digit number. will be provided to the board. the chairperson’s discretion. This 5-digit number will appear in each Open committee discussion. The The agenda, the questions to be individual notice of meeting. The board will discuss issues related to the addressed by the committee, and a hotline will enable the public to obtain safety testing of biomaterials used in current list of committee members will 49416 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices be available at the meeting location on appropriate services, and preparation of based nongovernmental organizations the day of the meeting. personnel in MCH-relevant disciplines. within their jurisdictions. Community- Transcripts of the open portion of the The purpose of this limited based nongovernmental applicants are meeting may be requested in writing competition is to extend and enhance required to submit the following from the Freedom of Information Office support of an existing grant through information to the head of the (HFI–35), Food and Drug which ACOG is stimulating office-based appropriate State and local health Administration, rm. 12A–16, 5600 research by its members. The agencies in the area(s) to be impacted no Fishers Lane, Rockville, MD 20857, information collected will be used to later than the Federal application approximately 15 working days after the effect changes in the practices and receipt date: meeting, at a cost of 10 cents per page. standards of care provided by (a) A copy of the face page of the The transcript may be viewed at the practitioners that improve access to application (SF 424). Dockets Management Branch (HFA– care, efficacy of interventions, health (b) A summary of the project PHSIS, 305), Food and Drug Administration, status of the women being served, and not to exceed one page, which provides: rm. 1–23, 12420 Parklawn Dr., pregnancy outcomes. The American (1) A description of the population to Rockville, MD 20857, approximately 15 Academy of Obstetricians and be served. working days after the meeting, between Gynecologists is the only national (2) A summary of the services to be the hours of 9 a.m. and 4 p.m., Monday organization of and for obstetric and provided. through Friday. Summary minutes of gynecologic practitioners and is, thus, (3) A description of the coordination the open portion of the meeting may be the only organization with both the planned with the appropriate State and requested in writing from the Freedom necessary access to the practitioners and local health agencies. of Information Office (address above) the professional standing to effect beginning approximately 90 days after changes in practice and standards of Executive Order 12372 the meeting. care. The MCH Federal Set-Aside Program This notice is issued under section Grant/Amount has been determined to be a program 10(a)(1) and (2) of the Federal Advisory which is not subject to the provisions of A single grant, of approximately Committee Act (5 U.S.C. app. 2), and Executive Order 12372 concerning $142,000, will be awarded. The project FDA’s regulations (21 CFR part 14) on intergovernmental review of Federal period will be 5 years. advisory committees. programs. Dated: September 14, 1995. Eligibility The OMB Catalog of Federal Domestic David A. Kessler, Eligibility for application and funding Assistance number is 93.110. Commissioner of Food and Drugs. is limited to the American College of Dated: September 19, 1995. [FR Doc. 94–23597 Filed 9–22–94; 8:45 am] Obstetricians and Gynecologists. Ciro V. Sumaya, BILLING CODE 4160±01±F FOR FURTHER INFORMATION CONTACT: For Administrator. programmatic or technical information [FR Doc. 95–23602 Filed 9–22–95; 8:45 am] on MCH issues, contact Mr. James BILLING CODE 4160±15±P Health Resources and Services Papai, 5600 Fishers Lane, Room 18A– Administration 55, telephone: 301 443–2190. For information concerning business Special Project Grants; Maternal and Special Project Grants; Maternal and management issues, contact Ms. Child Health (MCH) Services; Federal Child Health (MCH) Services; Federal Dorothy M. Kelley, Grants Management Set-Aside Program; Research and Set-Aside Program Branch, Maternal and Child Health Training Grants Bureau, Room 18–12, Parklawn AGENCY: Health Resources and Services Building, 5600 Fishers Lane, Rockville, AGENCY: Health Resources and Services Administration (HRSA). Maryland, telephone: 301 443–1440. Administration (HRSA). ACTION: Notice of limited competition. ACTION: Notice of availability of funds. Provision of Smoke-Free Workplace SUMMARY: The Health Resources and The Public Health Service strongly SUMMARY: The Health Resources and Services Administration is announcing encourages all grant recipients to Services Administration is announcing acceptance for review and funding, if provide a smoke-free workplace and the availability of fiscal year (FY) 1995 approvable, of an application from the promote the non-use of all tobacco funds for a limited competition for American Academy of Obstetricians and products. This is consistent with the Maternal and Child Health (MCH) Gynecologists (ACOG) for a Maternal PHS mission to protect the physical and Special Projects of Regional and and Child Health (MCH) Special Project mental health of the American people. National Significance (SPRANS) of Regional and National Significance research and training grants. (SPRANS) grant. The award will be Public Health System Reporting Supplemental awards will be made made under the program authority of Requirements under the program authority of section section 502(a) of the Social Security Act, This program is subject to the Public 502(a) of the Social Security Act, the the MCH Federal Set-Aside Program, Health System Reporting Requirements MCH Federal Set-Aside Program. The from funds appropriated for fiscal year (approved under OMB No. 0937–0195). MCH research and training grants 1995 under Public Law 103–333. The Under these requirements, the improve the health status of mothers MCH SPRANS grants are intended to community-based nongovernmental and children through: development and improve the health of mothers and applicant must prepare and submit a dissemination of new knowledge; children through development and Public Health System Impact Statement demonstration of new or improved ways dissemination of new knowledge, (PHSIS). The PHSIS is intended to of delivering care or otherwise demonstration of new or improved ways provide information to state and local enhancing Title V program capacity to of delivering care or otherwise health officials to keep them apprised of provide or assure provision of enhancing Title V program capacity to proposed health services grant appropriate services; and preparation of provide or assure provision of applications submitted by community- personnel in MCH-relevant specialties. Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices 49417

The purpose of this limited accomplishment of the mission of the later than the Federal application competition is to support supplemental Consortium. receipt date: awards for Maternal and Child Grants/Amounts: Up to $500,000 will (a) A copy of the face page of the Community Health Science Consortia be available to support up to two application (SF 424). (MC2HSC). The central, defining supplemental awards in the amount of (b) A summary of the project PHSIS, characteristic of the MC2HSC concept is $250,000 per award. not to exceed one page, which provides: that this entity is to evolve out of the Eligibility: Eligibility for funding is (1) A description of the population to maternal and child health infrastructure limited to the Maternal and Child be served. and services systems already in place in Health funded training programs in (2) A summary of the services to be the community or neighborhood where thirteen schools of public health. The provided. the Consortium is to be located. MCH-funded training programs at (3) A description of the coordination A joint research and training activity, schools of public health are located at planned with the appropriate State and the MC2HSC is part of the MCHB the following Universities: Harvard, local health agencies. Johns Hopkins, Columbia, Boston, commitment to enhance essential public Executive Order 12372 health functions and academic/ California at Berkeley, California at Los community problem solving Angeles, North Carolina, Minnesota, The MCH Federal set-aside program partnerships. The MC2HSC will Hawaii, Puerto Rico, Alabama, Illinois, has been determined to be a program contribute to the definition and and Washington. which is not subject to the provisions of DATES: All eligible applicants have advancement of MCH science and Executive Order 12372 concerning received the materials necessary for undertake applied community-based intergovernmental review of Federal development and submission of an research regarding the content, programs. application and were advised to notify organization and delivery of maternal The OMB Catalog of Federal Domestic the Research and Training Branch by and child health care, systems Assistance number is 93.110. July 21, 1995 of intent to submit an performance and outcome assessments. Dated: September 19, 1995. application. This notice will inform the It will be an entity designed to public of this grant award competition. Ciro V. Sumaya, undertake short and long-term, carefully FOR FURTHER INFORMATION CONTACT: For Administrator. designed, research and development [FR Doc. 95–23686 Filed 9–22–95; 8:45 am] efforts related to community-based programmatic or technical information BILLING CODE 4160±15±P problem solving regarding the content, on MCH issues, contact Mr. James organization, and delivery of maternal Papai, 5600 Fishers Lane, Room 18A– and child health care. 55, telephone: 301 443–2190. For information concerning business Notice Regarding the Federally Consortia are expected to establish management issues, contact Ms. Supported Health Centers Assistance relationships with existing service Dorothy M. Kelley, Grants Management Act of 1992 delivery units and/or, where necessary, Branch, Maternal and Child Health develop program components that will AGENCY: Health Resources and Services Bureau, Room 18–12, Parklawn be used independently, or in Administration. Building, 5600 Fishers Lane, Rockville, conjunction with other components, to ACTION: Notice. Maryland, telephone: 301 443–1440. form problem-specific solutions. These service program components will form Provision of Smoke-Free Workplace SUMMARY: On May 8, 1995, the Secretary of Health and Human Services the basis to explore, investigate, The Public Health Service strongly evaluate and modify standard public published a final rule implementing encourages all grant recipients to certain provisions of the Federally health practices and/or interventions in provide a smoke-free workplace and order to translate science into practice Supported Health Centers Assistance promote the non-use of all tobacco Act of 1992 (the Act). The Act provides consistent with the Healthy Children products. This is consistent with the 2000 objectives. for liability protection for certain PHS mission to protect the physical and grantees of the Public Health Service Competition is limited to MCHB mental health of the American people. funded training programs in schools of and for certain individuals associated public health. These programs are Public Health System Reporting with these grantees. The Health uniquely qualified by virtue of the Requirements Resources and Services Administration faculty and resources available to them This program is subject to the Public is the agency within the Department as a result of the training grants they Health System Reporting Requirements responsible for administering certain receive, as well as the mission (approved under OMB No. 0937–0195). aspects of the Act. This notice provides embodied in those grants to engage in Under these requirements, the further guidance regarding the final research and scholarly activities relative community-based nongovernmental rule. to community-based MCH programs. applicant must prepare and submit a FOR FURTHER INFORMATION CONTACT: The activities and results of these Public Health System Impact Statement Richard C. Bohrer, Director, Division of scholarly pursuits are expected to (PHSIS). The PHSIS is intended to Community and Migrant Health, Bureau enhance the training supported through provide information to state and local of Primary Health Care, Health the extant training grants. Schools of health officials to keep them apprised of Resources and Services Administration, public health not receiving MCH proposed health services grant 4350 East West Highway, Bethesda, training grants have neither the applications submitted by community- Maryland 20814, Phone: (301) 594– extensive resources nor the mission to based nongovernmental organizations 4300. carry out these complementary within their jurisdictions. Community- SUPPLEMENTARY INFORMATION: Section research/training activities. The based nongovernmental applicants are 224(a) of the Public Health Service MC2HSC is intended to serve as a locus required to submit the following (PHS) Act (42 U.S.C. 233 (a) provides for the conduct of doctoral research, or information to the head of the that the remedy against the United employment of students to conduct appropriate State and local health States provided under the Federal Tort studies or perform services necessary for agencies in the area(s) to be impacted no Claims Act (FTCA) resulting from the 49418 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices performance of medical, surgical, dental coverage is provided under 6.6(d), mean health care is provided at the time or related functions by any without the need for specific of such intake activity or during commissioned officer or employee of application. (This determination subsequent clinic staff visits to the the PHS while acting within the scope assumes, of course, that other camp). of his office or employment shall be requirements of coverage have been met, (f) Homeless Outreach: Health center exclusive of any other civil action or such as a determination that the entity staff travel to a shelter for homeless proceeding. The Federally Supported is a covered entity and a determination persons, or a street location where Health Centers Assistance Act of 1992 that the individual is a covered homeless persons congregate, to (Public Law 102–501) provides that, individual. Furthermore, we reiterate conduct intake screening to determine subject to its provisions, certain entities the statement in the preamble to the those in need of clinic services (which and officers, employees and contractors final rule that acts or omissions by may mean health care is provided at the of entities shall be deemed to be individuals that are not within the time of such intake activity or during employees of the PHS within exclusive scope of employment, e.g., moonlighting subsequent clinic staff visits to that remedy provision of section 224 (a). activities, are not covered.) location). The final rule implementing Public While the situations described below Law 102–501 was published in the have hereby been determined to be Example II. Hospital-Related Activities Federal Register (60 FR 22530) on May within the scope of 6.6(d), covered Periodic hospital call or hospital 8, 1995, and adds a new Part 6 to 42 entities may apply for specific emergency room coverage, as required CFR Chapter 1. Part 6 describes the determinations of coverage under that by the hospital as a condition for eligible entities and the covered section. If, for example, the covered obtaining hospital admitting privileges. individuals who are within the scope of entity is unsure whether its particular There must also be documentation for the FTCA protection afforded by the arrangement falls within the scope of the particular health care provider that Act. example 2, it may apply for a this coverage is a condition of Section 6.6 of the final rule describes particularized determination as to that employment at the health center. the acts and omissions that are covered arrangement. Entities should be by the Act. Paragraph (d) of that section painstakingly exact in this regard. If any Example III. Coverage-Related states that only acts and omissions element of the activity or arrangement Activities related to the grant-supported activity of in question does not fit squarely into the As part of a health center’s covered entities are covered. That examples below, a particularized arrangement with local community paragraph goes on to provide that: determination on coverage should be providers for after-hours coverage of its Acts and omissions related to services sought. As to situations that may fall patients, the health center’s providers provided to individuals who are not within the scope of 6.6(d), but are not are required by their employment patients of a covered entity will be described in the three examples, contract to provide periodic or covered only if the Secretary determines covered entities are expected to apply occasional cross-coverage for patients of that for particularized determinations. these providers. (1) The provision of the services to such individuals benefits patients of the Example I. Community-Wide Dated: September 19, 1995. entity and general populations that Interventions Ciro V. Sumaya, could be served by the entity through (a) School-Based Clinics: Health Administrator. community-wide intervention efforts center staff provide primary and [FR Doc. 95–23601 Filed 9–22–95; 8:45 am] within the communities served by such preventive health care services at a BILLING CODE 4160±15±P entity; facility located in a school or on school (2) The provision of the services to grounds. The health center has a written such individuals facilitates the affiliation agreement with the school. provision of services to patients of the (b) School-Linked Clinics: Health DEPARTMENT OF THE INTERIOR entity; or center staff provide primary and Bureau of Land Management (3) Such services are otherwise preventive health care services, at a site required to be provided to such not located on school grounds, to [WO±300±1020±00±241A] individuals under an employment students of one or more schools. The contract or similar arrangement between health center has a written affiliation Information Collection Submitted to the entity and the covered individual. agreement with each school. the Office of Management and Budget Paragraph (e) of 6.6 provides (c) Health Fairs: Health center staff for Review Under the Paperwork examples of situations within the scope conduct an event to attract community Reduction Act of paragraph (d). Questions have been members for purposes of performing raised, however, about the specific health assessments. Such events may be The proposal for the collection of situations encompassed by 6.6(d) and held in the health center, outside on its information listed below has been about the process for the Secretary to grounds, or elsewhere in the submitted to the Office of Management make the determinations provided by community. and Budget for approval under the that paragraph. The purpose of this (d) Immunization Campaign: Health provisions of the Paperwork Reduction notice is to address those questions. center staff conduct an event to Act (44 U.S.C. Chapter 35). Copies of the We have decided that it would be immunize children against infectious proposed collection of information and impractical and burdensome to require childhood illnesses. The event may be related forms may be obtained by a separate application and held at the health center, schools, or contacting the Bureau’s clearance officer determination of coverage for the elsewhere in the community. at the phone number listed below. situations described in the examples set (e) Migrant Camp Outreach: Health Comments and suggestions on the forth in 6.6(e). Accordingly, for the center staff travel to a migrant proposal should be made directly to the specific cases described in those farmworker residence camp to conduct Bureau’s Clearance Officer and to the examples, and discussed further below, intake screening to determine those in Office of Management and Budget, the Department hereby determines that need of clinic services (which may Paperwork Reduction Project (1004– Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices 49419

0041), Washington, DC 20503, Description of Respondents: Dated: August 10, 1995. Telephone 202–395–7340. Individuals desiring to use the Daniel Dick, Title: Grazing preference Statement. campground. Team Leader—Use Authorization. Estimated Completion Time: 3 OMB Approval Number: 1004–0041. [FR Doc. 95–23651 Filed 9–22–95; 8:45 am] Abstract: This form is used as a minutes. grazing permit or annual authorization Annual Responses: 108,000. BILLING CODE 4310±84±M application which states the recognized Annual Burden Hours: 5,400. preference (use) as a reminder and Bureau Clearance Officer: Wendy allows the applicant to show requested Spencer 303–236–6642. [CA±010±05±1430±01: CA±35242] changes for the coming grazing season. Dated: August 10, 1995. Bureau Form Number: 4130–3. Daniel Dick, Notice of Realty Action; Direct Sale of Frequency: Annually. Team Leader—Use Authorization. Public Land, Tuolumne County, CA Description of Respondents: Livestock [FR Doc. 95–23650 Filed 9–22–95; 8:45 am] AGENCY: Dept. of the Interior, Bureau of grazing permittees using the public BILLING CODE 4310±84±M lands. Land Management. Estimated Completion Time: 14 REALTY ACTION: Direct sale of public [WO±340±1231±00] minutes. land, Tuolumne County, CA–35242. Annual Responses: 7,665. Annual Burden Hours: 1,794. Information Collection Submitted to SUMMARY: The following described Bureau Clearance Office (alternate): the Office of Management and Budget Wendy Spencer (303) 236–6642. for Review Under the Paperwork public land (surface and mineral) is Reduction Act being considered for direct sale Dated: August 14, 1995. pursuant to Sections 203 and 209 of the W. Hord Tipton, The proposal for the collection of Federal Land Policy and Management information listed below has been Assistant Director Resources Use and Act of October 21, 1976 (43 U.S.C. 1713 submitted to the Office of Management Protection. and 1719): [FR Doc. 95–23649 Filed 9–22–95; 8:45 am] and Budget for approval under the provisions of the Paperwork Reduction Tuolumne County, California BILLING CODE 4310±84±M Act (44 U.S.C. Chapter 35). Copies of the T. 2 N., R. 14 E., M.D.N. proposed collection of information, Sec. 24: lots 13, and 14. [WO±340±1231±00] related forms, and explanatory material Containing 1.85 acres, more or less. may be obtained by contacting the Information Collection Submitted to Bureau’s Clearance Officer at the phone The above-described parcels of public the Office of Management and Budget number listed below. Comments and land would be sold to Mrs. Carrie Carter for Review Under the Paperwork suggestions on the requirement should through a direct land sale at fair market Reduction Act be made directly to the Bureau value. An additional $50.00 non- The proposal for the collection of Clearance Officer and to the Office of returnable mineral conveyance information listed below has been Management and Budget, Paperwork processing fee would be required. The submitted to the Office of Management Reduction Project (1004–0119), disposal of this land will resolve a and Budget for approval under the Washington, D.C. 20503, telephone 202– longstanding trespass issue. provisions of the Paperwork Reduction 395–7340. The parcels would be transferred Title: Special Recreation Application Act (44 U.S.C. Chapter 35). Copies of the subject to a reservation to the United and Permit Form. proposed collection of information, States for a right-of-way for ditches and related forms, and explanatory material OMB Approval Number: 1004–0119. Abstract: Respondents supply canals. The transfer of land would also may be obtained by contacting the identifying information and data on be subject to rights-of-way granted to Bureau’s Clearance Officer at the phone proposed commercial, competitive, or Tuolumne County Water Agency (CA– number listed below. Comments and individual recreational use, 3196) and Pacific Bell (S–047590). All suggestions on the requirement should respectively, when required, to necessary clearances including be made directly to the Bureau determine eligibility for a permit. This clearances for archaeology and for rare Clearance Officer and to the Office of information allows the Bureau of Land plants and animals would be completed Management and Budget, Paperwork Management to authorize requested use prior to any conveyance of title by the Reduction Project (1004–0133), and determine appropriate fees. This U.S. Washington, DC 20503, telephone information will also be used to tabulate number 202–395–7340. The above described lands are hereby recreation use data for the annual Title: Permit Fee Envelope, 36 CFR segregated from settlement, location and Federal Recreation Fee Report as 71. entry under the public land laws and required by the Land and Water OMB Approval Number: 1004–0133. the mining laws for a period of 270 days Conservation Act. Abstract: Respondents supply from the date of publication of this Bureau Form Number: 8370–1. notice in the Federal Register. identifying information and data on the Frequency: On occasion. campsite number, dates camping, Description of Respondents: ADDRESSES: Interested parties may number in party, zip code, fee paid, Recreation visitors to areas of the public submit comments to the District vehicle license number, and primary lands, and related waters, where special Manager, c/o Folsom Resource Area purpose of visit. This information recreation permits are required. Manager, 63 Natoma Street, Folsom, allows the Bureau of Land Management Estimated Completion Time: .45 California 95630. Comments must be to determine if all users have paid the hours. received within 45 days from date of required fee, the number of users, and Annual Responses: 18,000. publication of this notice in the Federal their State of origin. Annual Burden Hours: 8,100. Register. Bureau Form Number: 1370–36. Bureau Clearance Officer: Wendy Frequency: On occasion. Spencer 303–236–6642. FOR ADDITIONAL INFORMATION: 49420 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices

Contact Marianne Wetzel at (916) 985– received within 45 days of publication INTERSTATE COMMERCE 4474 or at the address above. of this notice in the Federal Register. COMMISSION D.K. Swickard, FOR ADDITIONAL INFORMATION CONTACT: Area Manager. Contact Marianne Wetzel at (916) 985– [Finance Docket No. 32630] [FR Doc. 95–23076 Filed 9–22–95; 8:45 am] 4474 or at the address above. BILLING CODE 4310±40±M D.K. Swickard, Omaha Public Power District (OPPD)Ð Area Manager. Construction of a Rail Line in Otoe County, NE [FR Doc. 95–23707 Filed 9–22–95; 8:45 am] [CA±010±05±1430±01: CA±34953 & CA± 34954] BILLING CODE 4310±40±M The Omaha Public Power District (OPPD) has petitioned the Interstate Notice of Realty Action; Direct Sale of Commerce Commission (Commission) Public Lands, Nevada County, CA National Park Service for authority to construct and operate a AGENCY: Dept. of the Interior, Bureau of AGENCY: National Park Service, Interior. 4.6 mile rail line near Nebraska City, Land Management. Nebraska. The Commission’s Section of ACTION: Public notice. REALTY ACTION: Direct sale of public Environmental Analysis (SEA) has lands, Nevada County, CA–34953 and SUMMARY: Public notice is hereby given prepared an Environmental Assessment CA–34954. that the National Park Service proposes (EA). Based on the information provided to issue a concession contract for and the environmental analysis SUMMARY: The following described operation currently conducted by conducted to date, this EA concludes public lands (surface and mineral) are Gettysburg Tours, Inc. authorizing the that this proposal should not being considered for direct sale continuation of shuttle bus services for significantly affect the quality of the pursuant to Sections 203 and 209 of the the public at Eisenhower National human environment if the Federal Land Policy and Management Historic Site, Gettysburg, Pennsylvania recommended mitigation measures set Act of October 21, 1976 (43 U.S.C. 1713 for a period of five (5) years from May forth in the EA are implemented. and 1719): 14, 1995 through May 14, 2000. Accordingly, SEA preliminarily CA–34953: Nevada County, California recommends that the Commission EFFECTIVE DATE: November 24, 1995. T. 16 N., 9 E., M.D.M. impose on any decision approving the Sec. 6: lot 5 (portion of). ADDRESSES: Interested parties should proposed construction and operation Containing 2 acres, more or less. contact the Superintendent, Gettysburg conditions requiring OPPD to National Military Park, 97 Taneytown and implement the mitigation contained in Road, Gettysburg, Pennsylvania 17325– the EA. The EA will be served on all CA–34954: 2804, for information as to the parties of record as well as all T. 16 N., R. 8 E., M.D.M. requirements of the proposed contract. appropriate Federal, state and local Sec. 6: portion of the NW1⁄4SE1⁄4SE1⁄4 SUPPLEMENTARY INFORMATION: This officials and will be made available to Containing 1 acre, more or less. contract renewal has been determined to the public upon request. SEA will The above-described parcels of public be categorically excluded from the consider all comments received in land would be sold to Mr. Austin procedural provisions of the National response to the EA in making its final Somerton and Mr. Harry Culp, Environmental Policy Act and no environmental recommendations to the respectively, each through a direct land environmental document will be Commission. The Commission will then sale at fair market value. An additional prepared. consider SEA’s final recommendations $50.00 non-returnable mineral The foregoing concessioner has and the environmental record in making conveyance processing fee would be performed its obligation to the its final decision in this proceeding. required from each party. A Cadastral satisfaction of the Secretary under an Comments (an original and 10 copies) land survey, lotting the lands, will be existing contract which expired by and any questions regarding this completed prior to disposing them. The limitation of time on May 14, 1994, and Environmental Assessment should be disposal of these lands will resolve therefore pursuant to the provisions of filed with the Commission’s Section of long-standing trespass issues. Section 5 of the Act of October 9, 1965 Environmental Analysis, Office of The parcels would be transferred (79 Stat. 969; 16 U.S.C. 20), is entitled Economic and Environmental Analysis, subject to a reservation to the United to be given preference in the renewal of Room 3219, Interstate Commerce States for a right-of-way for ditches and the contract and in the negotiation of a Commission, Washington, D.C. 20423, canals. All necessary clearances new contract as defined in 36 CFR, to the attention of Michael Dalton (202) including clearances for archaeology Section 51.5. and for rare plants and animals would 927–6202. Requests for copies of the EA The Secretary will consider and be completed prior to any conveyance of should also be directed to Mr. Dalton. evaluate all proposals received as a title by the U.S. Date made available to the public: result of this notice. Any proposal, The above described lands are hereby September 25, 1995. including that of the existing segregated from settlement, location and concessioner, must be postmarked or Comment due date: October 25, 1995. entry under the public land laws and hand delivered on or before the sixtieth the mining laws for a period of 270 days By the Commission, Elaine K. Kaiser, (60) day following publication of this from the date of publication of this Chief, Section of Environmental Analysis, notice to be considered and evaluated. notice in the Federal Register. Office of Economic and Environmental Dated: September, 18, 1995. Analysis. ADDRESSES: Interested parties may submit comments to the District Joan Krall, Vernon A. Williams, Manager, c/o Folsom Resource Area Acting Director, Northeast Field Area. Secretary. Manager, 63 Natoma Street, Folsom, [FR Doc. 95–23731 Filed 9–22–95; 8:45 am] [FR Doc. 95–23691 Filed 9–22–95; 8:45 am] California 95630. Comments must be BILLING CODE 4310±70±M BILLING CODE 7035±01±P Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices 49421

[Finance Docket No. 32750] lower costs, more frequent service, an Northern Railroad Company, 3800 improved car supply, and funded Continental Plaza, 777 Main Street, Fort RailAmerica, Inc.ÐControl capital improvements enabling Dakota Worth, TX 76102–5384. ExemptionÐPrairie Holding to handle heavier shipments for certain As a condition to the use of this Corporation and Dakota Rail, Inc. customers. exemption, any employees adversely RailAmerica, Inc. (RailAmerica), has As a condition to the use of this affected by the trackage rights will be filed a notice of exemption to acquire exemption, any employees adversely protected under Norfolk and Western control, through stock purchase, of affected by the transaction will be Ry. Co.—Trackage Rights—BN, 354 Dakota Rail, Inc. (Dakota). Dakota, a protected by the conditions set forth in I.C.C. 605 (1978), as modified in class III rail carrier, operates 43.66 miles New York Dock Ry.—Control—Brooklyn Mendocino Coast Ry., Inc.—Lease and of rail line from Wayzata, MN, where it Eastern Dist., 360 I.C.C. 60 (1979).4 Operate, 360 I.C.C. 653 (1980). connects with the lines of the Petitions to revoke the exemption Decided: September 19, 1995. Burlington Northern Railroad Company, under 49 U.S.C. 10505(d) may be filed 5 By the Commission, David M. Konschnik, to Hutchinson, MN. at any time. The filing of a petition to Director, Office of Proceedings. revoke will not stay the transaction. RailAmerica, a noncarrier holding Vernon A. Williams, company, also controls Huron and Pleadings must be filed with the Secretary. Eastern Railway Company, Inc. (HESR), Commission and served on: Robert L. the Saginaw Valley Railway Company Calhoun, 1025 Connecticut Avenue, [FR Doc. 95–23692 Filed 9–22–95; 8:45 am] (SGVY), the South Central Tennessee N.W., Suite 1000, Washington, DC BILLING CODE 7035±01±P Railroad Company (SCTR), and the 20036. Delaware Valley Railway Company Decided: September 19, 1995. (DVR).1 Under the terms of an By the Commission, David M. Konschnik, DEPARTMENT OF JUSTICE agreement with Prairie Holding Director, Office of Proceedings. Corporation, a holding company, Vernon A. Williams, Antitrust Division RailAmerica will acquire all of the Secretary. [Civil Action No. 72±344 (AGS)] outstanding stock of Prairie and all of [FR Doc. 95–23724 Filed 9–22–95; 8:45 am] the outstanding stock of Prairie’s wholly BILLING CODE 7035±01±P United States v. International Business owned subsidiary, Dakota.2 After Machines Corporation; Proposed Final consummation, RailAmerica will be in Judgment Termination [Finance Docket No. 32663] control of five nonconnecting class III Take Notice that International rail carriers.3 The proposed control Burlington Northern Railroad Business Machines Corporation transaction was scheduled for CompanyÐTrackage Rights (‘‘IBM’’), defendant in this antitrust consummation on or after September 1, ExemptionÐMissouri Pacific Railroad action, has filed a motion for an order 1995. Company RailAmerica indicates that: (1) The terminating the final judgment entered by the United States District Court for lines operated by Dakota do not connect The Missouri Pacific Railroad the Southern District of New York on with any rail lines operated by any rail Company has agreed to grant overhead January 25, 1956 (the ‘‘Final carrier within its corporate family; (2) trackage rights to Burlington Northern Judgment’’). The United States of the involved transaction is not a part of Railroad Company on approximately 0.5 America, plaintiff, has tentatively a series of anticipated transactions that miles of rail line extending between consented to IBM’s motion in certain would connect the railroads with each milepost 435.32 and milepost 435.81 at respects, but has reserved the right to other or any railroad within its Nebraska City, NE. The trackage rights withdraw its consent for at least 90 days corporate family; and (3) the transaction were to become effective on September after publication of this Notice. The does not involve a class I carrier. The 14, 1995. transaction is therefore exempt from the This notice is filed under 49 CFR Complaint, Final Judgment and prior approval requirements of 49 U.S.C. 1180.2(d)(7). If the notice contains false proposed termination are further 11343. See 49 CFR 1180.2(d)(2). The or misleading information, the described below. This Notice relates solely to those purpose of the transaction is to preserve exemption is void ab initio. Petitions to aspects of the Final Judgment to which and enhance rail service on a light revoke the exemption under 49 U.S.C. the United States has tentatively density rail line. RailAmerica 10505(d) may be filed at any time. The consented to termination. A further anticipates that it will be able to attract filing of a petition to revoke will not notice will be published before any more rail service to the line than is stay the transaction. Pleadings must be action on IBM’s termination motion as presently being provided by offering filed with the Commission and served it applies to the remainder of the Final on: Michael E. Roper, Burlington 1 Common control of these carriers was approved Judgment. Prior to entry of an order by the Commission in: (1) John H. Marino, Eric D. terminating any aspect of the Final 4 Although RailAmerica states that no employees Gerst, and Mariner Corporation—Control will be adversely affected by the transaction, it Judgment, the Court and the parties will Exemption—Saginaw Valley Railway Company, recognizes that the Commission may not relieve a consider public comments. Any such Inc., Finance Docket No. 31196 (ICC served Apr. 23, carrier of labor protection obligations for section 1991); (2) RailAmerica, Inc.—Control Exemption— comments on the proposed terminations 11343 transactions. 49 U.S.C. 11347. South Central Tennessee Railroad Company, described in this Notice must be filed Finance Docket No. 32421 (ICC served Jan. 18, 5 By letter filed September 5, 1995, the Minnesota within 60 days. 1994); and (3) RailAmerica, Inc.—Continuance in Department of Transportation (MNDOT) expresses The Final Judgment was entered by Control Exemption—Delaware Valley Railway opposition to the transaction pending its review of Company, Inc., Finance Docket No. 32534 (ICC whether the sale of Dakota complies with laws and consent between IBM and the United served Aug. 31, 1994). existing agreements to protect the public interest. States, settling an action filed on 2 By decision served September 18, 1995, the The notice satisfies the Commission’s class January 21, 1952. The Complaint in that Commission’s Secretary granted a motion for a exemption provisions under 49 CFR 1180.2(d) and action alleged that IBM had protective order regarding the stock purchase will be published. MNDOT may file a petition to agreement. revoke the exemption if it concludes, after its monopolized, attempted to monopolize 3 HESR and SGVY connect with each other, but review of the transaction, that grounds for and restrained trade in the tabulating none of the rail carriers connects with Dakota. revocation exist. industry, in violation of Sections 1 and 49422 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices

2 of the Sherman Act. Among other The United States also has tentatively Court, Southern District of New York, things, the Complaint alleged that IBM agreed to terminate all other provisions United States Courthouse, 500 Pearl had restrained the development and of the Final Judgment except as they Street, New York, New York 10007 and growth of: other manufacturers of apply to the System/360 . . . 390 and at Suite 215, Antitrust Division, tabulating machines, attachments for AS/400 families of products and Department of Justice, 325 7th Street tabulating machines and tabulating services (insofar as such services are NW., Washington, DC 20530 (Telephone cards; businesses involved in the affected by Sections VI, VII, IX and XV 202–514–2481). Copies of these purchase and sale of used tabulating of the Final Judgment). These other materials may be obtained from the machinery; independent service provisions of the Final Judgment, among Antitrust Division upon request and bureaus; maintenance and repair other things: (a) to fulfill the purposes payment of the copying fee set by the businesses and parts businesses. The of the Final Judgment in assuring to Department of Justice. Complaint alleged that IBM only leased, users and prospective users of IBM Interested persons may submit and refused to sell, tabulating machines. machines an opportunity to purchase comments regarding this matter within Through its lease agreements, IBM those machines on terms and conditions the sixty (60) day period established by allegedly: charged lessees a single price that are not substantially more Court order. Such comments must be for machine rental, instruction and advantageous to IBM than the terms and filed with the Office of the Clerk of the repair and maintenance; limited conditions for leases of the same United States District Court, Southern machine uses; restricted attachments to, machines, require IBM to sell its District of New York, 500 Pearl Street, alterations in, or experimentation with machines at prices that have a New York, New York 10007 with copies such machines; and required grant commercially reasonable relationship to mailed at the time of filing to: (a) backs of any inventions resulting from the lease charges for the same machines; counsel for IBM, Peter T. Barbur, Esq., a breach of the prohibition on (b) restrict IBM’s ability to reacquire Cravath, Swaine & Moore, Worldwide experimentation. The Complaint alleged previously sold IBM machines; (c) Plaza, 825 Eighth Avenue, New York, that IBM operated its service bureaus to require IBM to offer to machine owners N.Y. 10019; and (b) counsel for the preempt demand for the products of at reasonable and nondiscriminatory United States, Kent Brown, Attorney, other manufacturers and restrained the prices repair and maintenance service Computers & Finance Section, Antitrust growth of independent service bureaus for as long as IBM provides such Division, United States Department of by discriminating in favor of its own service, provided that the machine has Justice. Judiciary Center Building, Suite service bureau. not been altered or connected to another 9901, 555 4th Street NW., Washington, The Final Judgment applies to IBM’s machine in such a manner that its DC 20001 (Telephone 202–307–6200). conduct with respect to tabulating maintenance and repair is impractical Rebecca P. Dick, machines and cards, both of which IBM for IBM; (d) require IBM to offer to Deputy Director of Operations. has not manufactured for many years, machine owners and to persons engaged [FR Doc. 95–23671 Filed 9–22–95; 8:45 am] and ‘‘electronic data processing in the business of providing repair and BILLING CODE 4410±01±M machines.’’ Certain provisions of the maintenance services, at reasonable and Final Judgment have expired or no nondiscriminatory prices, repair and longer apply to IBM’s business. replacement parts for as long as IBM has DEPARTMENT OF LABOR However, other provisions of the Final such parts available for use in its leased Judgment continue to apply to IBM’s machines; (e) restrain IBM from Employment and Training electronic data processing machine requiring that lessees or purchasers of Administration business. IBM machines disclose to IBM the uses The United States has tentatively of such machines, from requiring that Proposed Information Collection agreed to terminate certain sections of purchasers of IBM machines have those Request Submitted for Public the Final Judgment in their entirety: (a) machines maintained by IBM and Comment and Recommendations; Data Sections V(b) and (c), which require generally from prohibiting Collection for the Youth Fair Chance IBM to offer to sell at no more than experimentation with, alterations in or Program Evaluation attachments to IBM machines; (f) specified prices and for a specified ACTION: Notice. period used IBM machines that IBM require IBM to furnish to owners of IBM acquires pursuant to trade-ins or as a machines certain manuals, books of SUMMARY: The Department of Labor, as credit against sums then or thereafter instructions and other documents part of its continuing effort to reduce payable to IBM; and (b) Section VIII, relating to IBM machines that IBM paperwork and respondent burden which specifies conditions under which furnishes to its own repair and conducts a preclearance consultation IBM may engage in ‘‘service bureau maintenance employees; and (g) require program to provide the general public business,’’ as defined by Section II(k) of IBM to furnish to purchasers and lessees and Federal agencies with an the Final Judgment. Section VIII of IBM certain manuals, books of opportunity to comment on proposed requires IBM to conduct its service instruction and other documents that and/or continuing collections of bureau business through a subsidiary pertain to the operation and application information in accordance with the that is required to charge prices for of such machines. Paperwork Reduction Act of 1995 services it renders based upon rates that IBM and the United States have each (PRA95). This program helps to ensure fairly reflect all expenses properly filed with the Court memoranda setting that requested data can be provided in chargeable to the subsidiary, except that forth their respective positions. Copies the desired format, reporting burden is the service bureau subsidiary may of the Complaint, the Final Judgment, minimized, reporting forms are clearly reduce any price to meet a competitor’s the Stipulation containing the understood, and the impact of collection price. Section VIII also prohibits IBM Government’s tentative consent, the requirements on respondents can be from providing machines to its service memoranda and all over papers filed in properly assessed. Currently, the bureau subsidiary except on the same connection with this motion are Employment and Training terms and conditions that are available available for inspection at the Office of Administration is soliciting comments to other service bureaus. the Clerk of the United States District concerning the proposed new Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices 49423

(additional) collection of the Data for The sample for the survey will be a hearing on the pending exemptions, the Youth Fair Chance Program obtained from each YFC site’s unless otherwise stated in the Notice of Evaluation. A copy of the proposed management information system as will Proposed Exemption, within 45 days information collection request can be some data on background characteristics from the date of publication of this obtained by contacting the employee and service receipt. However, these data Federal Register Notice. Comments and listed below in the contact section of will also be collected on the survey to request for a hearing should state: (1) this notice. ensure that consistent data are collected The name, address, and telephone DATES: Written comments must be among sites and so that data on number of the person making the submitted on or before November 24, outcomes can be collected. The survey comment or request, and (2) the nature 1995. If you anticipate that you will be will be conducted through a computer of the person’s interest in the exemption submitting written comments, but find assisted telephone interviewing system and the manner in which the person it difficult to do so within the period of with automatic call scheduling. This would be adversely affected by the time allowed by this notice, you should system is designed to minimize the exemption. A request for a hearing must request an extension from the contact burden on respondents by minimizing also state the issues to be addressed and listed below as soon as possible. Effort time on the telephone and by providing include a general description of the will be made to accommodate each a mechanism for respondents to evidence to be presented at the hearing. request, unless otherwise justified. schedule calls. Participation in the A request for a hearing must also state survey is voluntary and confidential. the issues to be addressed and include FOR FURTHER INFORMATION CONTACT: Public comments should address the a general description of the evidence to Mamoru Ishikawa, U.S. Department of accuracy of the burden estimates and be presented at the hearing. Labor, Employment and Training ways to minimize burden including the ADDRESSES: All written comments and Administration, Office of Policy and use of other techniques for data request for a hearing (at least three Research, Room 5637, 200 Constitution collection. copies) should be sent to the Pension Avenue, NW., Washington, DC 20210, Affected Public: Individuals and Welfare Benefits Administration, (202) 219–5472 (ext. 160), Internet participating in Youth Fair Chance Office of Exemption Determinations, Address: [email protected]. programs. Room N–5649, U.S. Department of SUPPLEMENTARY INFORMATION: Number of Respondents: 4,800. Labor, 200 Constitution Avenue, NW., Estimated Time per Respondent: 20 I. Background Washington, DC 20210. Attention: minutes. Application No. stated in each Notice of Public Law 102–367, the 1992 Total Burden Hours: 1,600 hours. Proposed Exemption. The applications Amendments to the Job Training Comments submitted in response to for exemption and the comments Partnership Act, authorized USDOL to this notice will be summarized and/or received will be available for public award grants to local Youth Fair Chance included in the request for Office of inspection in the Public Documents (YFC) programs to establish community- Management and Budget approval of the Room of Pension and Welfare Benefits based programs to provide education, information collection request; they will Administration, U.S. Department of training, and complementary services also become a matter of public record. Labor, Room N–5507, 200 Constitution for youths living in high poverty areas. Dated: September 18, 1995. Avenue, NW., Washington, DC 20210. The two major elements of YFC are: (1) Gerard Fiala, Notice to Interested Persons school-to-work programs for youths in Administrator, Office of Policy and Research. middle and high schools and (2) Notice of the proposed exemptions [FR Doc. 95–23677 Filed 9–22–95; 8:45 am] community learning centers for out-of- will be provided to all interested school youths. The legislation also BILLING CODE 4510±30±M persons in the manner agreed upon by directed programs to integrate a variety the applicant and the Department within 15 days of the date of publication of services into the programs and to Pension and Welfare Benefits in the Federal Register. Such notice involve community residents in Administration planning and guiding programs. In 1994 shall include a copy of the notice of USDOL awarded grants to 16 sites. [Application No. D±10009, et al.] proposed exemption as published in the The legislation authorizing the Federal Register and shall inform Proposed Exemptions; Charleston program specified that the Secretary of interested persons of their right to Area Medical Center Deferred Profit Labor provide for an ‘‘evaluation of the comment and to request a hearing Sharing Plan, et al. YFC program to assess the outcomes of (where appropriate). youth participating in the program.’’ AGENCY: Pension and Welfare Benefits SUPPLEMENTARY INFORMATION: The The survey of participants, which is the Administration, Labor. proposed exemptions were requested in subject of this Federal Register notice, ACTION: Notice of proposed exemptions. applications filed pursuant to section is intended to meet this legislated 408(a) of the Act and/or section objective of the evaluation. SUMMARY: This document contains 4975(c)(2) of the Code, and in accordance with procedures set forth in II. Current Actions notices of pendency before the Department of Labor (the Department) of 29 CFR Part 2570, Subpart B (55 FR The proposed survey of participants proposed exemptions from certain of the 32836, 32847, August 10, 1990). will collect information on a sample of prohibited transaction restriction of the Effective December 31, 1978, section YFC participants. It will collect Employee Retirement Income Security 102 of Reorganization Plan No. 4 of information on the background Act of 1974 (the Act) and/or the Internal 1978 (43 FR 47713, October 17, 1978) characteristics of youth participating in Revenue Code of 1986 (the Code). transferred the authority of the Secretary YFC; the YFC activities they of the Treasury to issue exemptions of participated in; their assessment of the Written Comments and Hearing the type requested to the Secretary of services provided by YFC; and their Requests Labor. Therefore, these notices of educational, training, employment and All interested persons are invited to proposed exemption are issued solely other outcomes. submit written comments or request for by the Department. 49424 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices

The applications contain Valley National Bank, N.A., an that the Renaissance portfolio had the representations with regard to the independent national bank. The smallest equity exposure of any of the proposed exemptions which are purpose of the Malpractice Trust is to Plan’s investment managers. Thus, by summarized below. Interested persons serve as a funding mechanism for selling that entire portfolio to the are referred to the applications on file malpractice and comprehensive liability Malpractice Trust for cash, the Plan with the Department for a complete self-insurance programs of Camcare and could reduce its equity investments to statement of the facts and those of its affiliates that choose to under 50% of its assets, but could keep representations. participate in the Malpractice Trust. the allocation as close to the 50% level CAMC participates in the Malpractice as possible without exceeding it. Charleston Area Medical Center Trust and from time to time contributes 6. Pursuant to its normal operating Deferred Profit Sharing Plan (the Plan) cash to the Malpractice Trust as practices, Bank One, a National Banking Located in Charleston, West Virginia required by Camcare. Association, which was custodian of the [Application No. D–10009] 3. The Retirement Committee under assets invested by Renaissance, the Plan has authority to appoint and determined the fair market value of the Proposed Exemption discharge registered investment advisors assets on November 30, 1993 by The Department is considering for the Plan and in addition, two reference to the closing prices for such granting an exemption under the members of the Retirement Committee securities on the New York Stock authority of section 408(a) of the Act serve as trustees of the Plan with Exchange on that date. Prior to this date, and section 4975(c)(2) of the Code and discretionary powers. Although not the Retirement Committee had notified in accordance with the procedures set formally designated, members of the Renaissance that effective December 1, forth in 29 CFR Part 2570, Subpart B (55 Retirement Committee also were 1993, Renaissance would be managing FR 32836, 32847, August 10, 1990). If invested with oversight in connection the assets on behalf of the Malpractice the exemption is granted, the with a number of other self-funded Trust and would no longer be managing restrictions of sections 406(a), 406(b)(1) benefit and insurance programs in the assets on behalf of the Plan. The and (b)(2) of the Act and the sanctions which CAMC participated, including Retirement Committee received the resulting from the application of section the Malpractice Trust. valuation of the assets from Bank One 4975 of the Code, by reason of section 4. Under investment guidelines during the second week of December, 4975(c)(1) (A) through (E) of the Code, adopted by CAMC, the Plan’s exposure 1993, and on December 15, 1993, the shall not apply to the past cash sale by to equity securities was set at a Malpractice Trust transferred to the Plan the Plan to the Camcare & Affiliates maximum of 50%. Because no new $5,700,641 in cash,2 the fair market Malpractice Self-Insurance Trust (the funds were being contributed to the value of the assets managed by Malpractice Trust) of certain publicly- Plan, and due to appreciation in the Renaissance determined by their closing traded securities, provided the equity securities, it became clear to the prices on November 30, 1993. The following conditions were satisfied: (a) members of the Retirement Committee applicants represent that because of The sale was a one-time transaction for in late 1993 that the Plan would need market fluctuations during December, cash; (b) the Plan paid no commissions to liquidate approximately $5.6 million 1993, the actual value of the equity or other fees in connection with the in equities to get within the 50% securities on December 15 had transaction; (c) the transaction involved guideline. Members of the Retirement decreased (based on closing values) by publicly-traded securities, the fair Committee were also aware that the $27,415.62. Thus, the Plan benefited by market values of which were Malpractice Trust was under-invested in virtue of the sales price being equity securities, and that an increase in determined by an independent bank by determined on the basis of the such an investment could enhance the reference to the closing price for the November 30, 1993 values versus the Malpractice Trust’s investment securities on the New York Stock December 15, 1993 values (the date of performance. Exchange. the actual transfer). Renaissance has Effective Date: If the proposed 5. At a meeting of the Retirement Committee held on November 5, 1993, represented that the terms and exemption is granted, the exemption it was decided that the equity portion of conditions of the transaction were at will be effective November 30, 1993. the Plan which was being managed by least as favorable to the Plan as those Summary of Facts and Representations Renaissance Investment Management obtainable in an arm’s-length (Renaissance) would be sold to the transaction with an unrelated party. 1. Charleston Area Medical Center, 7. The applicants represent that they Inc. (CAMC), the Plan’s sponsor, is a Malpractice Trust at the assets’ fair market value as of November 30, 1993. were not aware at the time of the not-for-profit regional medical center transaction that it would constitute a located in Charleston, West Virginia. It The Retirement Committee believed that the transaction would: (a) Increase the prohibited transaction. The applicants is exempt from federal taxes under further represent that CAMC, members section 501(c)(3) of the Code, as is its liquidity of the Plan; (b) provide the Plan with cash to continue to pay of the Retirement Committee, the trustee parent corporation, Camcare, Inc. benefits; and (c) bring the total and the Malpractice Trust all received (Camcare). The Plan is a frozen defined percentage of equities in the Plan below no fees or any other compensation in contribution plan with approximately the 50% investment guideline limit. In connection with the sale of the 2,469 participants and assets of addition, the transaction would save the securities between the Plan and the approximately $31,430,231. Plan brokerage commissions which Malpractice Trust. 2. In order to protect itself and its would otherwise be incurred if the Plan affiliates in the event of medical 2 were to sell the equities on the open The portfolio transferred by the Plan to the malpractice claims, Camcare in 1978 Malpractice Trust consisted of cash of $146,900, market. The Retirement Committee established the Malpractice Trust.1 The money market funds of $56,860 and equity estimated the savings on commissions securities of $5,496,881. The applicants represent trustee of the Malpractice Trust is One to be approximately $13,000. The that the $146,900 in cash was transferred to the Malpractice Trust since the Retirement Committee 1 The Malpractice Trust is not an employee applicants represent that the decision to determined that it would be administratively benefit plan and is not subject to the provisions of transfer the portfolio managed by preferable to transfer the entire Renaissance the Act. Renaissance was dictated by the fact Portfolio to the Malpractice Trust. Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices 49425

8. The transaction at issue was (a) The purchase price is the greater of The appraisal states that the Property is noticed in August, 1994, by CAMC’s $120,000 or the fair market value of the one of a very limited number of sites on accountants, who were preparing a Property as of the date of the sale; (b) Edisto Island having access to deep financial statement for the Plan on the fair market value of the Property is water, that water-oriented sites have behalf of CAMC. The accountants determined by a qualified, independent historically experienced increases in contacted the Chief Financial Officer for appraiser as of the date of the sale; and property values, and that a review of CAMC who consulted with outside legal (c) the Account pays no commissions or sales occurring in the subject counsel. Outside legal counsel other expenses relating to the sale. community over the past several years recommended that the applicants file an in fact indicates appreciating property exemption request for the subject Summary of Facts and Representations values. transaction with the Department. 1. The Plan is a profit sharing plan 4. Dr. Montgomery proposes to 9. In summary, the applicants established by Carolina OB-GYN Care, purchase the Property from his own represent that the subject transaction P.A. (the Employer) and has 22 Account for an amount which is the satisfied the criteria contained in participants, including Dr. Montgomery. greater of $120,000, or the fair market section 408(a) of the Act because: (a) Dr. Montgomery is an employee of the value of the Property as of the date of The sale was a one-time transaction for Employer and one of the three trustees the sale, based on an updated cash; (b) the Plan paid no commissions of the Plan. The Plan provides for independent appraisal. The applicant or other fees in connection with the individually directed accounts. As of represents that the Property was transaction; (c) the securities were sold December 31, 1994, the Plan had assets originally purchased by the Account at fair market value as determined by of $1,522,158.33. As of that date, Dr. solely for investment purposes in light the Plan’s independent custodian by Montgomery’s Account in the Plan had of the Property’s significant reference to closing prices for such assets of $30,053.38. appreciation potential and that personal securities on the New York Stock 2. The Property, located at 7660 Blue motives were not involved. Due to a Exchange; (d) the applicants discovered House Lane, Edisto Island, South distinct and abrupt change in his career the prohibited nature of the transaction Carolina, is a parcel of unimproved real plans, which consists of plans to slow through internal scrutiny and promptly estate. The Property is a water-oriented down and move to the Carolina coast, applied for an exemption; and (e) the site in a small private community near Dr. Montgomery now desires to Plan’s independent investment Edisto Beach. The applicant represents purchase the Property himself in order manager, Renaissance, has represented that the Property is not adjacent to, nor to build a personal residence for use in that the terms and conditions of the close to, any other real property owned his retirement. In addition, the transaction were at least as favorable to by Dr. Montgomery. The Property was applicant represents that the exemption the Plan as those obtainable in an arm’s- acquired by the Account from C.C. Hice, will be in the interests of the Account length transaction with an unrelated an unrelated third party, on September because it will convert a currently non- party. 9, 1994 for a purchase price of income producing, illiquid asset into FOR FURTHER INFORMATION CONTACT: Gary $116,000.3 The purchase was financed liquid assets which could then be H. Lefkowitz of the Department, one-hundred percent by a loan from subject to professional management and telephone (202) 219–8881. (This is not Spartanburg National Bank of will also allow for greater diversification a toll-free number.) Spartanburg, South Carolina, an of the assets of the Account. unrelated third party. Neither Dr. Under the terms of the proposed The Age-Based Profit Sharing Plan and purchase agreement, Dr. Montgomery Trust of Carolina OB-GYN Care, P.A. Montgomery, nor the Employer, nor anyone else, including other parties in will assume the Account’s current (the Plan) Located in Spartanburg, indebtedness to Spartanburg National South Carolina interest with respect to the Plan, provided any guaranty or separate Bank (approximately $116,000 as of [Application No. D–10061] security with respect to the loan. The June 16, 1995) and make a cash payment Proposed Exemption applicant represents that all expenses to the Account for the balance of the purchase price. The Account will pay The Department is considering relating to the Property since its acquisition have been paid by the no commissions or other expenses granting an exemption under the relating to the sale. authority of section 408(a) of the Act Account, including taxes, insurance, and fees, a total of $4,256. The applicant 5. In summary, the applicant and section 4975(c)(2) of the Code and represents that the proposed transaction in accordance with the procedures set represents that the Property has not been used by anyone, including parties satisfies the statutory criteria for an forth in 29 CFR Part 2570, Subpart B (55 exemption under section 408(a) of the FR 32836, 32847, August 10, 1990). If in interest with respect to the Plan, at any time since its acquisition and that Act for the following reasons: the exemption is granted, the (a) The price paid by the applicant the Property has produced no income restrictions of section 406(a), 406(b)(1) will be the greater of $120,000, or the for the Account. and (b)(2) of the Act and the sanctions fair market value of the Property as of 3. The Property was appraised by resulting from the application of section the date of the sale as determined by a Judith A. Wallis and Barnard R. Jackson 4975 of the Code, by reason of section qualified, independent appraiser; (b) the SRA of Appraisal Consultants, Inc., who 4975(c)(1)(A) through (E) of the Code, Account will pay no commissions or are qualified independent appraisers shall not apply to the proposed sale by other expenses relating to the sale; (c) certified in the State of South Carolina. the individual account (the Account) in the sale will enhance the liquidity and Relying on the market data approach, the Plan of James C. Montgomery, M.D., diversification of the assets of the Ms. Wallis and Mr. Jackson estimated of a parcel of real property (the Account; and (d) Dr. Montgomery is the that the fair market value of the Property Property) to Dr. Montgomery, a party in only participant of the Plan that would as of September 21, 1994 was $120,000. interest with respect to the Plan, and the be affected by the proposed transaction. assumption by Dr. Montgomery of the 3 The Department expresses no opinion herein on Notice to Interested Persons Account’s current indebtedness with whether the acquisition and holding of the Property respect to the Property, provided that by Dr. Montgomery’s Account in the Plan violated Because the only Plan assets involved the following conditions are satisfied: any of the provisions of Part 4 of Title I in the Act. in the proposed transaction are those in 49426 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices

Dr. Montgomery’s Account, and he is intended to be qualified under section which at the time of purchase had a the only participant affected by the 401(a) of the Code. The Savings Plan Standard & Poors rating of AA.4 Both proposed transaction, it has been currently has approximately 388 GICs had an expiration date of February determined that there is no need to participants and beneficiaries and has 1, 1995, and had a guaranteed rate of distribute the notice of proposed assets with an approximate aggregate interest of 9.18%. Both GICs provided exemption to interested persons. fair market value of $17,386,332. The for the payment of interest annually on Comments and requests for a hearing on Union Plan currently has approximately the anniversary of the GIC’s effective the proposed exemption are due 30 days 136 participants and beneficiaries and date, February 2, 1990. All interest after the date of publication of this has assets with an approximate fair payments due under the GICs were notice in the Federal Register. market value of $2,453,598. received by the Plans through February, FOR FURTHER INFORMATION CONTACT: 2. Rea established a Master Trust 1994. Karin Weng of the Department, effective May 1, 1986, with Summit 6. On August 12, 1994, the Ingham telephone (202) 219–8881. (This is not Bank, now called NBD Bank, N.A., as County Circuit Court, Lansing, Michigan a toll-free number.) trustee to hold the assets of the Plans. placed CL in conservatorship and Effective July 1, 1994, Invesco Trust rehabilitation, causing CL to suspend all Rea Magnet Wire Company, Inc. Company (Invesco) succeeded NBD payments on its contracts, including the Employees’ Retirement Savings Plan Bank, N.A. as trustee of the Master GICs. Rea represents that it is not known (the Savings Plan) and Rea Magnet Trust. whether, when, or under what Wire Company, Inc. Union Employees’ 3. Investments of funds contributed to circumstances CL will resume interest Retirement Savings Plan (the Union the Plans are made by Invesco as payments under the terms of the GICs or Plan; together, the Plans) Located in directed by participants in accordance whether it will be able to pay the full Fort Wayne, Indiana with the Plans’ provisions. Since July 1, amounts which were due under the [Application Nos. D–10075 and D–10076] 1994, the Plans have provided five GICs upon their maturity. investment options: (a) A ‘‘GIC/Stable 7. In order to eliminate the risk Proposed Exemption Value Fund’’ which invests primarily in associated with continued investment in The Department is considering pooled GIC Funds, and also purchases the GICs and to allow the Plans to granting an exemption under the individual GICs, seeking to provide a distribute or otherwise invest the assets authority of section 408(a) of the Act consistent level of income growth; (b) A of the Plan in more stable investments and section 4975(c)(2) of the Code and ‘‘Select Income Fund’’ which invests at that produce a return to the Plans, Rea in accordance with the procedures set least 50% of fund assets in corporate proposes to purchase the GICs from the forth in 29 CFR Part 2570, Subpart B (55 bonds, generally rated BBB or better, Plans. While section 3.04 of each of the FR 32836, 32847, August 10, 1990). If with long-term capital growth being its GICs provides that the GICs may not be the exemption is granted, the primary objective; (c) A ‘‘Total Return assigned, Rea represents that it is restrictions of sections 406(a), 406(b)(1) Fund’’ which invests at least 30% of negotiating with CL to obtain a waiver and (b)(2) of the Act and the sanctions fund assets in common stock and 30% of this assignment restriction. Rea resulting from the application of section in fixed and variable income securities, represents that the sale would be in the 4975 of the Code, by reason of section with the remaining 40% allocated best interest of the Plans and their 4975(c)(1)(A) through (E) of the Code, between stocks and bonds with income participants and beneficiaries. Invesco shall not apply to the proposed sale by and long-term capital growth being its has also represented that the proposed the Plans of two guaranteed investment primary objective; (d) An ‘‘Industrial sale is appropriate for the Plans, in the contracts (the GICs) of Confederation Income Fund’’ which invests primarily best interest of the participants and Life Insurance Company (CL) to Rea in the common stock of U.S. companies, beneficiaries of the Plans, and protective Magnet Wire Company, Inc. (Rea), a convertible bonds and preferred stocks of their rights. party in interest with respect to the with its primary objective being long- 8. Rea represents that the sale would Plans, provided the following term capital growth; and (e) A be a one-time transaction for cash and conditions are satisfied: (a) The sale is ‘‘Dynamics Fund’’ which invests the Plans would not incur any expenses a one-time transaction for cash; (b) the primarily in the stock of rapidly from the sale, nor experience any loss. Plans will receive no less than the fair growing companies that are traded on Rea also states that the Plans would market value of the GICs as of the date national and over-the-counter exchanges receive as consideration for the sale the of the sale; and (c) the purchase price with an emphasis on long-term capital greater of either the fair market value of will be not less than the GICs’ growth. the GICs as determined by Invesco on accumulated book values at their 4. Under the terms of each of the the date of the sale, or the accumulated maturity date (defined as total deposits Plans, the participants have withdrawal book values of the GICs as of February plus interest accrued but unpaid at the and transfer rights with respect to their 1, 1995, their maturity dates, plus GICs’ stated rates of interest through the accounts (Withdrawal Events). interest through the date of sale at the date of maturity, less withdrawals) plus Circumstances triggering Withdrawal rate then being earned under the Plans’ interest from the date of maturity Events include: severance from service, ‘‘GIC/Stable Value Fund’’. through the date of the sale at the rate disability, retirement, death, hardship 9. In summary, the applicant then being earned under the Plans’ and the transfer of funds to other represents that the proposed transaction ‘‘GIC/Stable Value Fund’’. investment options available under the satisfies the criteria of section 408(a) of Plans. the Act because: (a) The sale is a one- Summary of Facts and Representations 5. On February 2, 1990, CL issued the # 1. Rea is a corporation organized and GICs to the Plans. CL GIC 62050 was 4 The Department notes that the decisions to existing under the laws of the State of acquired for an initial deposit amount of acquire and hold the GICs are governed by the Delaware which is in the business of $750,000, and CL GIC #62051 was fiduciary responsibility requirements of Part 4, manufacturing wire in various acquired for an initial deposit of Subtitle B, Title I of the Act. In this regard, the Department is not proposing relief for any diameters. Rea established the Plans $250,000. As the Investment Manager of violations of Part 4 which may have arisen as a effective May 1, 1986. Both Plans are the Plans, Summit Bank researched, result of the acquisition and holding of the GICs employee pension plans that are selected and purchased the CL GICs issued by CL. Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices 49427 time transaction for cash; (b) the whether the transaction is in fact a Bessie B. Berry, NASA Reports Officer, proposed transaction will enable the prohibited transaction; and (202) 358–1368. Plans and their participants and (4) The proposed exemptions, if Reports beneficiaries to avoid any risks granted, will be subject to the express associated with the continued holding condition that the material facts and Title: Contract Modifications, NASA of the GICs; (c) each Plan will receive representations contained in each FAR Supplement Part 18–43. the greater of the fair market value of its application are true and complete, and OMB Number: 2700–0057. GIC as determined on the date of sale by that each application accurately Type of Request: Extension. Invesco, the Plans’ independent trustee, describes all material terms of the Frequency of Report: Annually. or the accumulated book value of the transaction which is the subject of the Type of Respondent: Individuals or GIC on the date of maturity, plus exemption. households. interest through the date of sale at the Signed at Washington, DC, this 19th day of Number of Respondents: 40. rate then being earned under the Plans’ September 1995. Total Annual Responses: 40. ‘‘GIC/Stable Value Fund’’; and (d) Ivan Strasfeld, Hours Per Request: 1. Total Annual Burden Hours: 40. Invesco has determined that the Director of Exemption Determinations, proposed transaction is in the best Pension and Welfare Benefits Administration, Abstract-Need/Uses: The data from interest of the participants and U.S. Department of Labor. the Application for Volunteer Program beneficiaries of the Plans and protective [FR Doc. 95–23582 Filed 9–22–95; 8:45 am] determines the eligibility of persons of their rights. who would like to become Visitor BILLING CODE 4510±29±P FOR FURTHER INFORMATION CONTACT: Gary Center Volunteers. H. Lefkowitz of the Department, Donald J. Andreotta, Deputy Director, IRM Division. telephone (202) 219–8881. (This is not NATIONAL AERONAUTICS AND a toll-free number.) SPACE ADMINISTRATION [FR Doc. 95–23733 Filed 9–22–95; 8:45 am] General Information BILLING CODE 7510±01±M [Notice 95±088] The attention of interested persons is directed to the following: Agency Report Forms Under OMB [Notice 95±089] (1) The fact that a transaction is the Review NASA Advisory Council (NAC), Task subject of an exemption under section AGENCY: National Aeronautics and Force on the Shuttle-Mir Rendezvous 408(a) of the Act and/or section Space Administration. and Docking Missions; Meeting 4975(c)(2) of the Code does not relieve ACTION: a fiduciary or other party in interest of Notice of agency report forms AGENCY: National Aeronautics and disqualified person from certain other under OMB review. Space Administration. provisions of the Act and/or the Code, SUMMARY: Under the provisions of the ACTION: Notice of meeting. including any prohibited transaction Paperwork Reduction Act (44 U.S.C. provisions to which the exemption does Chapter 35), agencies are required to SUMMARY: In accordance with the not apply and the general fiduciary submit proposed information collection Federal Advisory Committee Act, Pub. responsibility provisions of section 404 requests to OMB for review and L. 92–463, as amended, the National of the Act, which among other things approval, and to publish a notice in the Aeronautics and Space Administration require a fiduciary to discharge his Federal Register notifying the public announces a meeting of the NAC Task duties respecting the plan solely in the that the agency has made submission. Force on the Shuttle-Mir Rendezvous interest of the participants and Copies of the proposed forms, the and Docking Missions. beneficiaries of the plan and in a requests for clearance (OMB 83–1), DATES: October 17, 1995, 1:00 p.m. to prudent fashion in accordance with supporting statements, instructions, 5:00 p.m. section 404(a)(1)(b) of the act; nor does transmittal letters, and other documents ADDRESSES: National Aeronautics and it affect the requirement of section submitted to OMB for review, may be Space Administration, Room 9H40, 300 401(a) of the Code that the plan must obtained from the Agency Clearance E Street, S.W. Washington, DC 20546– operate for the exclusive benefit of the Officer. Comments on the items listed 0001. employees of the employer maintaining should be submitted to the Agency the plan and their beneficiaries; FOR FURTHER INFORMATION CONTACT: Clearance Officer and the OMB Mr. Gilbert Kirkham, Code MOC, (2) Before an exemption may be Paperwork Reduction Project. granted under section 408(a) of the Act National Aeronautics and Space and/or section 4975(c)(2) of the Code, DATES: Comments are requested by Administration, Washington, DC 20546– the Department must find that the October 25, 1995. If you anticipate 0001, 202/358–1692. exemption is administratively feasible, commenting on a form but fund that SUPPLEMENTARY INFORMATION: This in the interests of the plan and of its time to prepare will prevent you from meeting will be open to the public up participants and beneficiaries and submitting comments promptly, you to the seating capacity of the room. The protective of the rights of participants should advise the OMB Paperwork agenda for the meeting is as follows: and beneficiaries of the plan; Reduction Project and the Agency —Results of the Task Force’s joint (3) The proposed exemptions, if Clearance Officer of your intent as early review meeting with the Russian granted, will be supplemental to, and as possible. Advisory Expert Council any products not in derogation of, any other ADDRESSES: Donald J. Andreotta, NASA produced at the meeting provisions of the Act and/or the Code, Agency Clearance Officer, Code JT, —Review of issues related to STS–74 including statutory or administrative NASA Headquarters, Washington, DC prior to launch, including lessons exemptions and transitional rules. 20546; Office of Management and learned and issues to track Furthermore, the fact that a transaction Budget, Paperwork Reduction Project —Review of upcoming missions, is subject to an administrative or (2700–0057), Washington, DC 20503. including issues related to concerns of statutory exemption is not dispositive of FOR FURTHER INFORMATION CONTACT: the Task Force and issues to track. 49428 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices

It is imperative that the meeting be discussion of a manual chapter on DC 20555 (202) 634–3273, on or about held on these dates to accommodate the patient follow-up. November 3, 1995. Minutes of the scheduling priorities of the key In addition, a portion of this meeting meeting will be available on or about participants. Visitors will be requested may be closed, to avoid the disclosure November 24, 1995. to sign a visitors register. of information that would constitute an 5. Seating for the public will be on a Dated: September 19, 1995. unwarranted invasion of the personal first-come, first-served basis. Timothy M. Sullivan, privacy of a physician whose training This meeting will be held in accordance with the Atomic Energy Act Advisory Committee Management Officer. and experience will be reviewed by ACMUI in connection with the of 1954, as amended (primarily Section [FR Doc. 95–23734 Filed 9–22–95; 8:45 am] physician’s application to be an 161a); the Federal Advisory Committee BILLING CODE 7510±01±M authorized user under a license Act (5 U.S.C. App); and the authorizing medical use of byproduct Commission’s regulations in Title 10, material. U.S. Code of Federal Regulations, Part 7. NATIONAL FOUNDATION ON THE DATES: The meeting will begin at 8:30 Dated: September 19, 1995. ARTS AND HUMANITIES a.m., on October 18 and 19, 1995. Andrew L. Bates, Cancellation of Program Panel ADDRESSES: U.S. Nuclear Regulatory Advisory Committee Management Officer. Meetings Commission, Two White Flint North, [FR Doc. 95–23678 Filed 9–22–95; 8:45 am] 11545 Rockville Pike, Room T2B3, BILLING CODE 7590±01±P The meetings of the Humanities Panel Rockville, MD 20852–2738. scheduled for October 23, 25, and 30, FOR FURTHER INFORMATION, CONTACT: published in the Federal Register on Josephine M. Piccone, Ph.D., U.S. [Docket No. 50±293] September 14, 1995, at pages 47761–2 Nuclear Regulatory Commission, Office Pilgrim Nuclear Power Plant; Notice of have been cancelled. The meetings were of Nuclear Material Safety and to review applications submitted the Withdrawal of Amendment to Facility Safeguards, MS T8F5, Washington, DC Operating License, Correction Division of Research Programs for 20555, Telephone (301) 415–7270. For projects beginning after May 1996. administrative information, contact AGENCY: Nuclear Regulatory Sharon Bloch, Torre Taylor, (301) 415–7900. Commission. Assistant General Counsel. ACTION: Notice of withdrawal of Conduct of the Meeting [FR Doc. 95–23635 Filed 9–22–95; 8:45 am] amendment to facility operating license; BILLING CODE 7536±01±M Barry Siegel, M.D., will chair the Correction. meeting. Dr. Siegel will conduct the meeting in a manner that will facilitate SUMMARY: This document corrects a the orderly conduct of business. The general notice published in the Federal NUCLEAR REGULATORY following procedures apply to public Register on September 15, 1995 (60 FR COMMISSION participation in the meeting: 47969). This notice is necessary to correct an erroneous date. Advisory Committee on the Medical 1. Persons who wish to provide a Uses of Isotopes: Meeting Notice written statement should submit a FOR FURTHER INFORMATION CONTACT: reproducible copy to Josephine M. Ronald B. Eaton, Office of Nuclear AGENCY: U.S. Nuclear Regulatory Piccone (address listed above). The Reactor Regulation, telephone (301) Commission. transcript of the meeting will be kept 425–3041. ACTION: Notice of meeting. open until October 20, 1995, for On page 47969, in the first sentence inclusion of written comments. of the first complete paragraph in the SUMMARY: The U.S. Nuclear Regulatory 2. Persons who wish to make oral center column, the date ‘‘November 22, Commission will convene its next statements should inform Dr. Piccone in 1995’’ should be changed to read regular meeting of the Advisory writing, by October 10, 1995. Statements ‘‘November 22, 1994.’’ Committee on the Medical Uses of must pertain to the topics on the agenda Dated at Rockville, Maryland, this 20th day Isotopes (ACMUI) on October 18 and 19, for the meeting. Members of the public of September 1995. 1995. The meeting will take place at the will be permitted to make oral For the Nuclear Regulatory Commission. address provided below. All sessions of statements if time permits. Permission Michael T. Lesar, the meeting will be open to the public, to make oral statements will be at the Chief, Rules Review Section, Rules Review except where specifically noted discretion of the Chairman and will be and Directives Branch, Division of Freedom otherwise. based on the order in which requests are of Information and Publications Services, Topics of discussion will include: (1) received. In general, oral statements will Office of Administration. the role of the medical consultant; (2) be limited to approximately 5 minutes. [FR Doc. 95–23679 Filed 9–22–95; 8:45 am] Process of ACMUI review of training For information regarding oral BILLING CODE 7590±01±P and experience exemptions; (3) statements by members of the public, intravascular brachytherapy issues; (4) the order of presentation, and time discussion of NUREGs on human factors allotments, call Dr. Piccone, (301) 415– [Docket No. 50±498] evaluations of teletherapy and 7270, between 8 a.m. and 4 p.m., EST, Houston Lighting and Power Co.; City brachytherapy; (5) discussion of petition on October 16, 1995. Public Service Board of San Antonio, for rulemaking for the commercial 3. At the meeting, questions from and Central Power and Light Co., City distribution of byproduct material for in members of the public will be permitted of Austin, TX; Notice of Withdrawal of vivo testing; (6) report on subcommittee at the discretion of the Chairman. Application for Amendment to Facility review of draft licensing modules; (7) 4. The transcript and written Operating License status report on National Academy of comments will be available for Science study; (8) update on inspection, and copying, for a fee, at the The U.S. Nuclear Regulatory rulemakings and regulatory guides; (9) NRC Public Document Room, 2120 L Commission (the Commission) has discussion of STEP device; and (10) Street N.W., Lower Level, Washington, granted the request of Houston Lighting Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices 49429 and Power Company, et al., (the The Commission had previously Document Room, the Gelman Building, licensee) to withdraw its March 1, 1995, issued a Notice of Consideration of 2120 L Street, NW., Washington, DC, application for proposed amendment to Issuance of Amendment published in and at the local public document room Facility Operating License No. NPF–76 the Federal Register on March 13, 1995 located at the Richland Public Library, for the South Texas Project, Unit 1, (60 FR 13478). However, by letter dated 955 Northgate Street, Richland, located in Matagorda County, Texas. September 7, 1995, the licensee Washington 99352. The proposed amendment would withdrew the proposed change. Dated at Rockville, Maryland, this 18th day have revised the technical specifications For further details with respect to this of September 1995. pertaining to the use of an alternate action, see the application for For the Nuclear Regulatory Commission. plugging criteria (known in the industry amendment dated March 1, 1995, and James W. Clifford, as F*) on steam generator tubes that are the licensee’s letter dated September 7, Senior Project Manager, Project Directorate defective or degraded within certain 1995, which withdrew the application IV–2, Division of Reactor Projects III/IV, Office areas within the tubesheet. for license amendment. The above of Nuclear Reactor Regulation. The Commission had previously documents are available for public [FR Doc. 95–23682 Filed 9–22–95; 8:45 am] issued a Notice of Consideration of inspection at the Commission’s Public BILLING CODE 7590±01±P Issuance of Amendment published in Document Room, the Gelman Building, the Federal Register on March 13, 1995 2120 L Street, NW., Washington, DC, (60 FR 13481). However, by letter dated and at the local public document room SECURITIES AND EXCHANGE September 7, 1995, the licensee located at the Wharton County Junior COMMISSION withdrew the proposed change. College, J.M. Hodges Learning Center, For further details with respect to this 911 Boling Highway, Wharton, TX Forms Under Review by Office of action, see the application for 77488. Management and Budget amendment dated March 1, 1995, and Dated at Rockville, Maryland, this 15th day the licensee’s letter dated September 7, of September 1995. Agency Clearance Officer: Michael E. Bartell, (202) 942–8800 1995, which withdrew the application For the Nuclear Regulatory Commission. for license amendment. The above Upon written request copy available Thomas W. Alexion, documents are available for public from: Securities and Exchange inspection at the Commission’s Public Project Manager, Project Directorate IV–1, Commission, Office of Filings and Division of Reactor Projects III/IV, Office of Information Services, Washington, DC Document Room, the Gelman Building, Nuclear Reactor Regulation. 2120 L Street, NW., Washington, DC, 20549 [FR Doc. 95–23680 Filed 9–22–95; 8:45 am] and at the local public document room located at the Wharton County Junior BILLING CODE 7590±01±P Extensions College, J.M. Hodges Learning Center, Rule 53 ...... File No. 270± 911 Boling Highway, Wharton, TX [Docket No. 50±397] 376. 77488. Rule 54 ...... File No. 270± Dated at Rockville, Maryland, this 18th day Washington Public Power Supply 376. of September 1995. System; Notice of Withdrawal of Rule 55 ...... File No. 270± Application for Amendment to Facility 376. For the Nuclear Regulatory Commission. Operating License Rule 57(a) and Form U±57 File No. 270± Thomas W. Alexion, 376. Project Manager, Project Directorate IV–1, The U.S. Nuclear Regulatory Rule 57(b) and Form U± File No. 270± Division of Reactor Projects III/IV, Office of Commission (the Commission) has 33±S. 376. Nuclear Reactor Regulation. granted the request of Washington Rule 1(c) and Form U5S ... File No. 270± [FR Doc. 95–23683 Filed 9–22–95; 8:45 am] Public Power Supply System (the 168. BILLING CODE 7590±01±P licensee) to withdraw its January 6, Rule 2 and Form U±3A±2 . File No. 270±83. 1994, application for proposed Rule 71 and Forms U± File No. 270± amendment to Facility Operating 12(I)±A and U±12(I)±B. 161. [Docket No. 50±498] Rules 93 and 94 and Form File No. 270±79. License No. NPF–21, for the Washington U±13±60. Houston Lighting & Power Co., City Nuclear Project No. 2 (WNP–2), located Part 257 ...... File No. 270± Public Service Board of San Antonio in Benton County, Washington. 252. and Central Power & Light Co., City of The proposed amendment would Austin, TX; Notice of Withdrawal of have revised the technical specifications Notice is hereby given that pursuant Application for Amendment to Facility (TS) to clarify instrumentation testing to the Paperwork Reduction Act of 1980 Operating License requirements. (44 U.S.C. §§ 3501 et seq.), the The Commission had previously Securities and Exchange Commission The U.S. Nuclear Regulatory issued a Notice of Consideration of (‘‘Commission’’) has submitted requests Commission (the Commission) has Issuance of Amendment in the Federal for approval of extension for the granted the request of Houston Lighting Register on September 28, 1994 (59 FR following under the Public Utility & Power Company, et al. (the licensee), 49441). However, by letter dated August Holding Company Act of 1935 (‘‘Act’’): to withdraw its March 1, 1995, 25, 1995, the licensee withdrew the Rule 53 provides a partial safe harbor application for proposed amendment to proposed change. for financing applications by registered Facility Operating License No. NPF–76 For further details with respect to this holding companies seeking to finance for the South Texas Project, Unit No. 1, action, see the application for the acquisition of an exempt wholesale located in Matagorda County, Texas. amendment dated January 6, 1994, and generator. It is estimated that 11 The proposed amendment would the licensee’s letter dated August 25, respondents will incur approximately have revised the technical specifications 1995, which withdrew the application 110 burden hours annually. pertaining to the steam generator tube for license amendment. The above Rule 54 prescribes conditions under plugging criteria and the allowable documents are available for public which the Commission would not leakage. inspection at the Commission’s Public consider the effect of a registered 49430 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices holding company’s exempt wholesale respondents will incur approximately would establish a special procedure to generator or foreign utility company one burden hour annually. permit option positions to be offered on investments when deciding whether to General comments regarding the the floor of the Exchange in the event approve the issues or sale of securities estimated burden hours should be that the positions are being transferred for purposes other than such directed to the OMB Clearance Officer at as part of a sale or disposition of all or investments. It is estimated that 11 the address below. Any comments substantially all of the assets or options respondents will incur approximately concerning the accuracy of the positions of the transferring party 110 burden hours annually. estimated average burden hours for (‘‘Transferor’’) where the Transferor Rule 55 provides a safe harbor for compliance with Commission rules and would not continue to be involved in acquisitions of foreign utilities forms should be directed to Michael E. managing or owning the transferred companies by registered holding Bartell, Associate Executive Director, positions. The rule change also provides companies. It is estimated that 11 Office of Information Technology, for off-floor transfers of positions based respondents will incur approximately Securities and Exchange Commission, on certain specified exemptions, as well 110 burden hours annually. 450 Fifth Street, N.W., Washington, D.C. as with the approval of the Exchange’s Rule 57(a) and Form U–57 provides 20549 and Clearance Officer, Project President under extraordinary the form on which a company seeking Numbers: 3235–0426 (Rule 53), 3235– circumstances. The text of the proposed to become a ‘‘foreign utility company’’ 0427 (Rule 54), 3235–0430 (Rule 55), rule change is available at the Office of may notify the Commission of that 3235–0428 (Rule 57(a) and Form U–57), the Secretary, the Exchange, and at the status. It is estimated that 20 3235–0429 (Rule 57(b) and Form U–33– Commission. respondents will incur approximately S), 3235–0164 (Rule 1(c) and Form 60 burden hours annually. U5S), 3235–0161 (Rule 2 and Form U– II. Self-Regulatory Organization’s Rule 57(b) and Form U–33–S provides 3A–2), 3235–0173 (Rule 71 and Forms Statement of the Purpose of, and for the filing of periodic reports by U–12(I)–A and U–12(I)–B), 3235–0153 Statutory Basis for, the Proposed Rule public utility companies that are (Rules 93 and 94 and Form U–13–60), Change associate companies of foreign utility and 3235–0306 (Part 257), Office of In its filing with the Commission, the companies. It is estimated that 89 Management and Budget, Room 3208, Exchange included statements respondents will incur approximately New Executive Office Building, concerning the purpose of and basis for 267 burden hours annually. Washington, DC 20503. the proposed rule change. The text of Rule 1(c) and Form U5S requires September 11, 1995. these statements may be examined at registered holding companies to file the places specified in Item IV below. Margaret H. McFarland, annual and other periodic and special The Exchange has prepared summaries, reports as the Commission may Deputy Secretary. set forth in Section (A), (B), and (C) prescribe to keep current information [FR Doc. 95–23716 Filed 9–22–95; 8:45 am] below, of the most significant aspects of relevant to compliance with substantive BILLING CODE 8010±01±M such statements. provision of the Act. It is estimated that 218 respondents will incur (A) Self-Regulatory Organization’s approximately 218 burden hours [Release No. 34±36241; File No. SR±CBOE± Statement of the Purpose of, and 95±36] annually. Statutory Basis for, the Proposed Rule Rule 2 and Form U–3A–2 permits a Self-Regulatory Organizations; Notice Change public utility holding company to claim of Filing of Proposed Rule Change by Purpose exemption from the Act by filing an the Chicago Board Options Exchange, The Exchange has a long-standing annual statement. It is estimated that Incorporated, Relating to the Transfer policy of prohibiting transfers of option 116 respondents will incur of Positions on the Floor of the positions between accounts, approximately 406 burden hours Exchange in Cases of Dissolution and individuals, or entities where a change annually. Other Situations Rule 71 and Forms U–12(I)–A and U– in beneficial ownership would result. 12(I)–B makes it unlawful for an September 15, 1995. The Exchange, however, has made employee to prevent, advocate, or Pursuant to Section 19(b)(1) of the exceptions to this general policy under oppose any matter affecting the Securities Exchange Act of 1934 certain limited circumstances. The company before Congress, the (‘‘Act’’),1 notice is hereby given that on proposed rule change will formalize the Commission, or the FERC unless such July 13, 1995, the Chicago Board Exchange’s policies with respect to person files a statement with the Options Exchange, Incorporated transfers of options positions and Commission. It is estimated that 262 (‘‘CBOE’’ or ‘‘Exchange’’) filed with the provide a practical mechanism whereby respondents will incur approximately Securities and Exchange Commission floor exposure of such positions is 175 burden hours annually. (‘‘Commission’’) the proposed rule facilitated. Rules 93 and 94 and Form U–13–60 change as described in Items I, II, and The proposed rule change will require ensures uniformity of accounting III below, which Items have been options positions, subject to the limits systems and record retention by service prepared by the Exchange. The and exemptions described below, to be companies and to provide information Commission is publishing this notice to offered on the trading floor of the essential in the administration of solicit comments on the proposed rule Exchange (or of another exchange which Section 13 of the Act. It is estimated that change from interested persons. trades the options). In addition, in 40 respondents will incur certain situations, such as acquisitions approximately 580 burden hours I. Self-Regulatory Organization’s or dissolutions of a Transferor’s annually. Statement of the Terms of Substance of business, the proposed rule will provide Part 257 implements sections of the the Proposed Rule Change for a mechanism to facilitate the Act which require registered holding The Exchange proposes to adopt a transfers. The purpose of this proposal companies and their subsidiary service new rule, CBOE Rule 6.49A, which is to establish a procedure that ensures companies to preserve records for that members of the Exchange have the certain periods. It is estimated that 15 1 15 U.S.C. 78s(b)(1) (1988). opportunity to make bids and offers on Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices 49431 positions that are being transferred The procedure established by the to accept that aggregate bid or offer for under these certain situations, and, proposed rule may also be used by a combination of, or all of, the Transfer alternatively, to provide for off-floor market-makers who, for reasons other Packages. The Exchange believes that transfers of positions under limited than a forced liquidation, such as an allowing the Transferor to accept circumstances. extended vacation, wish to liquidate aggregate bids or offers will ensure that The proposed rule will serve to their entire, or nearly their entire, the Transferor gets the best possible expose the maximum number of positions in a single set of transactions. price for his positions.3 As the procedure established by the positions to the auction market. The Exemptions Exchange believes that exposing these proposed rule is not meant to replace positions to the auction market, in turn, the normal Exchange auction market, The Exchange recognizes that there benefits the public by increasing the however, repeated and frequent use of may be circumstances where an off-floor liquidity and transparency of the market the proposed rule by the same members transfer may be justified, such as in the listed option positions. The will not be permitted. emergency transfers of a firm’s positions Exchange further states that market- The proposed rule also will provide in bulk during a market crisis, such as makers are benefited by being given the the Transferor with the ability to specify the October 1987 market break. In an opportunity to bid on the positions. In securities in his portfolio, the sale or extremely volatile market, the addition, the Exchange represents that purchase of which may be transacted on Transferor may be subject to undue risk the Transferor will not be disadvantaged other markets. The price at which the if he were forced to subject his positions because the proposed rule provides for options positions will be bought or sold to the auction process established by the exemptions for those special will be contingent upon the price at proposed rule because there may be circumstances, such as a market crisis which these specified companion some delay in agreeing to a price. In situation, where an off-floor transfer securities are bought or sold on the these circumstances, the Exchange’s might result in a better price. other markets. The Exchange proposes President may, at his own initiative or to offer this flexibility to its members upon request from the Transferor, Description of the Proposal because the types of transactions subject exempt the transfer from the proposed to the proposed rule are often ones in The situations in which option rule and permit an off-floor transfer to which the Transferor is liquidating his positions will be required to be offered occur. Another basis for exempting the entire business. As a result, the on the Exchange’s trading floor pursuant transfer from the proposed rule will be Exchange believes that the Transferor a showing by the Transferor to the to the special procedure established by should generally be able to receive a the proposed rule, or on another President of the Exchange that more favorable bid or offer for his compliance with the proposed rule exchange which trades the products, position if he is able to make the price will include the transfers of options would compromise the market value of of the options positions contingent upon the Transferor’s business. positions in the case of the sale or the price at which other securities disposition of all or substantially all of positions in his portfolio trade, because There are a few other situations, for the assets or options positions of the these other positions that he is legal or other reasons, where the Transferor where the Transferor would liquidating may hedge or otherwise Exchange would not require the transfer not be included in managing or owning complement the options positions. to be completed on the Exchange floor, the transferred positions. In situations Pursuant to the proposal, the even in situations where the Transferor in which the Transferor continues to Transferor will determine which does not maintain ownership or maintain some ownership interest or securities to package with the various management of the positions. For manage the positions transferred, the CBOE-traded positions of his portfolio. example, positions donated to a not-for- Transferor generally will not be required The Transferor may create any number profit organization or positions donated to offer the positions on the trading floor of these Transfer Packages; 2 provided, to a minor under the ‘‘Uniform Gifts to but could effect an off-floor transfer of however, that an individual Transfer Minor’’ law would not have to be these positions. Situations in which Package may not contain more than one brought to the Exchange floor pursuant members will be permitted to effect off- option class. The Exchange believes that to the proposed rule change. floor transfers under the proposed rule this limitation will ensure that smaller Transfer Procedure include: (i) The dissolution of a joint market-makers are able to compete account in which the remaining member against larger organizations in the The Transfer Packages offered by the assumes the positions of the joint bidding for the CBOE-traded positions, Transferor will generally be offered at account, (ii) the dissolution of a thus ensuring a broader participation by the Exchange’s Flexible Exchange corporation or partnership in which a the Exchange membership. The Options (‘‘FLEX’’) post at any time prior former nominee of the corporation or proposed rule provides, however, that a to 1:00 p.m., Chicago time,4 and will be partnership (i.e., a shareholder or member or member organization may partner, respectively) assumes the make an aggregate bid or offer for any 3 Telephone conversation between Tim positions, (iii) the transfer of positions number of Transfer Packages offered by Thompson, Senior Attorney, Legal Department, as part of a member’s capital CBOE, and Brad Ritter, Office of Market a single Transferor. In the event that the Supervision, Division of Market Regulation, contribution to a new joint account, aggregate bid or offer is superior to the Commission, on July 25, 1995 (‘‘July 25 partnership, or corporation, (iv) the combination of the individual best bids Conversation’’). donation of positions to a not-for-profit or offers for the individual Transfer 4 Absent unusual circumstances, bids and offers corporation, (v) the transfer of positions on Transfer Packages are required to be received Packages, the Transferor will be allowed before 3:00 p.m., Chicago time, so that the CBOE to a minor under the ‘‘Uniform Gifts to portion of the trade can be completed before the Minor’’ law, and (vi) a merger or 2 The Exchange defines a ‘‘Transfer Package’’ as close of trading. To the extent that the Transferor acquisition where continuity of the set of options or other applicable financial intends to trade any other instrument represented ownership or management results. Off- products being offered by the Transferor as a in the Transfer Package on a market that closes package, to be bid upon at a net debit or credit for before the CBOE, the Transferor should offer the floor transfers could also be done in the entire package. A Transferor may offer multiple Transfer Package(s) in time to ensure the entire other situations with the approval of the Transfer Packages on the floor at the same time or transaction can be completed by the end of the Exchange’s President. on the same day. trading day. 49432 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices subject to many of the procedures next day. Because the Exchange intends (B) Self-Regulatory Organization’s established for trading FLEX options. for this proposed procedure to be a Statement on Burden on Competition Under the proposed procedures, any transfer procedure and not a price The Exchange does not believe that Transfer Package consisting solely of discovery mechanism, the Transferor the proposed rule change will impose positions in one option class that does will need the permission of the any burden on competition. not include stock or other securities will President of the Exchange to offer the be offered by the Transferor at the post positions on the Exchange floor for any (C) Self-Regulatory Organization’s at which that options class is traded day subsequent to the second day. Statement on Comments on the (‘‘Post-Specific Transfer Packages’’). Proposed Rule Change Received From Components of Post-Specific Transfer Bids and offers will be made on a net Members, Participants or Others debit or credit basis for entire Transfer Packages should be individually priced No written comments were solicited and reported and will be subject to the Packages. In the event that a particular Transfer Package contains stock or received with respect to the proposed Exchange’s ordinary procedures for rule change. trading options. Any Transfer Package positions or other securities positions consisting of positions in an option whose transfer must be transacted on III. Date of Effectiveness of the class as well as other financial another exchange pursuant to applicable Proposed Rule Change and Timing for instruments must be offered at the FLEX law or regulation, then any accepted bid Commission Action post. In addition, notice must be given or offer will give rise to a contract for Within 35 days of the date of to the Order Book Official of each post the CBOE-listed product, the price of publication of this notice in the Federal (or the Designated Primary Market- which is contingent on the prices at Register or within such longer period (i) maker, as appropriate) where the option which the other portions of the Transfer as the Commission may designate up to class component of the Transfer Package Package are transacted. The price at 90 days of such date if it finds such trades. Any firm submitting a Transfer which the CBOE portion is transacted longer period to be appropriate and Package will be required to designate a will be the price that is necessary to publishes its reasons for so finding or member of the exchange or a person ensure that the entire Transfer Package (ii) as to which the self-regulatory associated with a member to represent is transferred at the agreed upon net organization consents, the Commission the order on the floor of the Exchange. will: This designee must be available on the debit or credit. All transactions that are (A) By order approve such proposed Exchange floor to answer questions required to be completed should be rule change, or regarding the Transfer Package during transacted by the end of the trading day (B) Institute proceedings to determine the entire Request Response Time (as on which the bid or offer is made and whether the proposed rule change defined below). accepted. The proposed rule also will Following the offer of the Transfer provide that the member submitting the should be disapproved. Packages, interested members of the accepted bid or offer may cancel the IV. Solicitation of Comments Exchange will be given two hours to trade for the CBOE-listed product in the Interested persons are invited to submit a bid for one or any combination event that the parties are unable to submit written data, views and of the Transfer Packages offered by the complete the transaction for the non- arguments concerning the foregoing. Transferor (‘‘Response Request Time’’).5 CBOE-listed product due to a trading Persons making written submissions At the end of the Response Request halt or some other operational problem Time, the Transferor will be allowed to should file six copies thereof with the outside the control of the submitting Secretary, Securities and Exchange accept the best bid or offer (‘‘BBO’’) for party. any individual Transfer Package, or for Commission, 450 Fifth Street, N.W., any combination of Transfer Packages if As for priority, equal bids for Transfer Washington, D.C. 20549. Copies of the the bid or offer for the combination is Packages will be split equally among the submission, all subsequent superior to the aggregate of the parties submitting the equal bids, to the amendments, all written statements individual bids or offers for the extent possible, or will be split in such with respect to the proposed rule individual Transfer Packages.6 a manner as may be agreed upon by the change that are filed with the Acceptance of a BBO creates a binding submitting parties. Commission, and all written contract under CBOE Rule 6.48, communications relating to the Statutory Basis however, a Transferor is not obligated to proposed rule change between the Commission and any person, other than accept a BBO. If the Transferor opts not The Exchange believes this proposal to accept the BBO for the Transfer those that may be withheld from the not only provides the Transferor with a public in accordance with the Packages, the Transferor may offer the procedure to obtain the best price for his positions in any Transfer Package the provisions of 5 U.S.C. 552, will be positions, but it will also help to available for inspection and copying at maintain liquidity and transparency on 5 The two hour time could be shortened or the Commission’s Public Reference lengthened with the approval of the President. Any the floor for positions which may be Section, 450 Fifth Street, N.W., Transfer Package offered after 1:00 p.m., Chicago transferred under the proposed rule. Washington, D.C. 20549. Copies of such time, will need the prior approval of the President. Consequently, the Exchange believes The proposed rule will prevent the President from filing will also be available for permitting offers to be brought after 2:30 p.m., that the proposed rule change is inspection and copying at the principal Chicago time. consistent with Section 6 of the Act in office of the CBOE. All submissions 6 For example, assume a situation where a general and with Section 6(b)(5) in should refer to SR–CBOE–95–36 and Transferor offers four Transfer Packages. Further, particular in that it is designed to should be submitted by October 16, assume that following the Request Response Time, the Transferor receives bids for three of the Transfer promote just and equitable principles of 1995. Packages and one aggregate bid for all four Transfer trade, to foster cooperation with persons For the Commission, by the Division of Packages. As long as the aggregate bid is greater engaged in facilitating and clearing Market Regulation, pursuant to delegated than the sum of the best individual bids for the authority.7 three Transfer Packages, the Transferor may accept transactions in securities, and to protect the aggregate bid and transfer all four Transfer investors and the public interest. Packages. See July 25 Conversation, supra note 3. 7 17 CFR 200.30–3(a)(12) (1994). Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices 49433

Margaret H. McFarland, For the Commission, by the Division of Administration, 800 Independence Deputy Secretary. Market Regulation, pursuant to delegated Avenue, SW., Washington, DC 20591; authority. [FR Doc. 95–23717 Filed 9–22–95; 8:45 am] telephone (202) 267–7470. Jonathan G. Katz, This notice is published pursuant to BILLING CODE 8010±01±M Secretary. paragraphs (c), (e), and (g) of § 11.27 of [FR Doc. 95–23718 Filed 9–22–95; 8:45 am] Part 11 of the Federal Aviation BILLING CODE 8010±01±M Regulations (14 CFR Part 11). [File No. 1±11976] Issued in Washington, D.C., on September Issuer Delisting; Notice of Application 20, 1995. To Withdraw From Listing and DEPARTMENT OF TRANSPORTATION Michael Chase, Acting Assistant Chief Counsel for Registration; (Unapix Entertainment, Federal Aviation Administration Inc., Common Stock, $.01 Par Value; Regulations. Class A Redeemable Common Stock [Summary Notice No. PE±95±33] Petitions for Exemption Purchase Warrants, Entitling the Docket No.: 28285. Holder To Purchase One Share of Petitions For Exemption; Summary of Petitioner: Petroleum Helicopters, Inc. Common Stock, for $3.30 and Expiring Petitions Received; Dispositions of Petitions Issued Sections of the FAR Affected: 14 CFR on June 22, 1998; Class B Redeemable 133.45(e)(1). Common Stock Purchase Warrants, AGENCY: Federal Aviation Description of Relief Sought: To Entitling the Holder To Purchase One Administration (FAA), DOT. permit Petroleum Helicopters, Inc., to Share of Common Stock for $4.50 and ACTION: Notice of petitions for operate a McDonnell Douglas MD 900 Expiring on June 22, 1998; and Units, exemption received and of dispositions helicopter, which is not type certificated Each Consisting of One Share of of prior petitions. under transport Category A, in Class D Common Stock, One Class A Warrant, rotorcraft-load combination operations. SUMMARY: Pursuant to FAA’s rulemaking and One Class B Warrant) Docket No.: 28302. provisions governing the application, September 19, 1995. Petitioner: Mr. William R. Conaway. processing, and disposition of petitions Sections of the FAR Affected: 14 CFR Unapix Entertainment, Inc. for exemption (14 CFR Part 11), this 121.383(c). (‘‘Company’’) has filed an application notice contains a summary of certain Description of Relief Sought: To with the Securities and Exchange positions seeking relief from specified permit Mr. Conaway to act as a pilot in Commission (‘‘Commission’’), pursuant requirements of the Federal Aviation operations conducted under part 121 to Section 12(d) of the Securities Regulations (14 CFR Chapter I), after reaching his 60th birthday. dispositions of certain petitions Exchange Act of 1934 (‘‘Act’’) and Rule Docket No.: 28303. previously received, and corrections. 12d2–2(d) promulgated thereunder, to Petitioner: United Parcel Service. withdraw the above specified securities The purpose of this notice is to improve Sections of the FAR Affected: 14 CFR (‘‘Securities’’) from listing and the public’s awareness of, and 121.434(g). registration on the Boston Stock participation in, this aspect of FAA’s Description of Relief Sought: To Exchange, Inc. (‘‘BSE’’). regulatory activities. Neither publication permit United Parcel Service B–727 of this notice nor the inclusion or pilots in command and seconds in The reasons alleged in the application omission of information in the summary for withdrawing the Securities from command to substitute one additional is intended to affect the legal status of takeoff and landing for 1 hour of flight listing and registration include the any petition or its final disposition. following: time, up to 50 hours, to help meet the DATES: Comments on petitions received 100-hour requirement of line operating According to the Company, the must identify the petition docket flight time for consolidation of Securities have been registered and number involved and must be received knowledge and skills within 120 days listed on the American Stock Exchange, on or before October 25, 1995. after satisfactory completion of a type Inc. (‘‘Amex’’). Trading on the Amex ADDRESSES: Send comments on any rating practical test or an initial commenced on August 15, 1995. The petition in triplicate to: Federal proficiency check. Company is submitting this application Aviation Administration, Office of the Docket No.: 28304. in order to avoid the dual expense of Chief Counsel, Attn: Rule Docket (AGC– Petitioner: Helicopter Association maintaining its BSE listing in addition 200), Petition Docket No. llll, 800 International. to that of its Amex listing. Independence Avenue, SW., Sections of the FAR Affected: 14 CFR Any interested person may, on or Washington, D.C. 20591. 91.169(c)(1)(i). before October 11, 1995 submit by letter Comments may also be sent Description of Relief Sought/ to the Secretary of the Securities and electronically to the following internet Disposition: To permit qualified Exchange Commission, 450 Fifth Street, address: [email protected]. members of Helicopter Association N.W., Washington, D.C. 20549, facts The petition, any comments received, International, operating under part 91, bearing upon whether the application and a copy of any final disposition are to use lower alternate airport weather has been made in accordance with the filed in the assigned regulatory docket minimums for the purpose of flight rules of the exchanges and what terms, and are available for examination in the planning when conducting flights under if any, should be imposed by the Rules Docket (AGC–200), Room 915G, instrument flight rules. Commission for the protection of FAA Headquarters Building (FOB 10A), Docket No.: 28324. investors. The Commission, based on 800 Independence Avenue, SW., Petitioner: Cessna Aircraft Company. the information submitted to it, will Washington, D.C. 20591; telephone Sections of the FAR Affected: 14 CFR issue an order granting the application (202) 267–3132. 25.811(d)(1). after the date mentioned above, unless FOR FURTHER INFORMATION CONTACT: Description of Relief Sought: To the Commission determines to order a Mr. D. Michael Smith, Office of permit the Cessna Aircraft Company (for hearing on the matter. Rulemaking (ARM–1), Federal Aviation its Model 750 Citation X) relief from the 49434 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices requirement to have a passenger Sections of the FAR Affected: 14 CFR Petitioner: Flying Boat, Inc., d.b.a. emergency exit locator sign at each 91.117 (b) and (c), 91.119(c), 91.159(a), Chalk’s International Airline. passenger emergency exit. and 91.209(a). Sections of the FAR Affected: 14 CFR Description of Relief Sought/ 135.180(a). Dispositions of Petitions Disposition: To extend and amend Description of Relief Sought/ Docket No.: 581. Exemption No. 5231, as amended, Disposition: To permit Chalk’s Petitioner: Department of the Air which allows the U.S. Coast Guard to International Airline to operate six Force. conduct air operations in support of Grumman Mallard G–73T (G–73) flying Sections of the FAR Affected: 14 CFR drug law enforcement and drug traffic boats that are not equipped with an 91.109(c). interdiction. The amendment adds approved Traffic Alert and Collision Description of Relief Sought/ § 91.119(c) to the exemption. Continued Avoidance system (TCAS I) until June Disposition: To extend Exemption No. exemption of § 91.127(c) has been 30, 1996. Denial, August 30, 1995, 130, as amended, which permits the Air denied. Partial Grant, August 23, 1995, Exemption No. 6149. Force to operate its U–2 and B–57F Exemption No. 5231B. [FR Doc. 95–23725 Filed 9–22–95; 8:45 am] aircraft at or above flight level 600 Docket No.: 27298. BILLING CODE 4910±13±M without maintaining the appropriate Petitioner: Petroleum Helicopters, Inc. cruising altitudes as prescribed by the Sections of the FAR Affected: 14 CFR FAR governing operations for flights 43.3(g). [Summary Notice No. PE±95±34] conducted under visual flight rules. Description of Relief Sought/ Grant, August 28, 1995, Exemption No. Disposition: To extend Exemption No. Petitions for Exemption; Summary of 130C. 5770, which allows appropriately Petitions Received; Dispositions of Docket No.: 581. trained pilots employed by Petroleum Petitions Issued Petitioner: Department of the Air Helicopters, Inc., to remove and to Force. install aircraft seats in its aircraft that AGENCY: Federal Aviation Sections of the FAR Affected: 14 CFR are used in operations conducted under Administration (FAA), DOT. 91.109. part 135. Grant, August 24, 1995, ACTION: Notice of petitions for Description of Relief Sought: To Exemption No. 5770A. exemption received and of dispositions extend Exemption No. 131, as amended, Docket No.: 27441. of prior petitions. which permits the Air Force to conduct Petitioner: Department of the Army. hurricane reconnaissance flights Sections of the FAR Affected: 14 CFR SUMMARY: Pursuant to FAA’s rulemaking without maintaining the appropriate 45.29(b)(3). provisions governing the application, cruising altitudes as prescribed by the Description of Relief Sought/ processing and disposition of petitions FAR governing operations for flights Disposition: To extend Exemption No. for exemption (14 CFR Part 11), this conducted under visual flight rules. 5761, which permits the Army to use 9- notice contains a summary of certain Grant, August 28, 1995, Exemption No. inch aircraft nationality and registration petitions seeking relief from specified 131G. markings in lieu of 12-inch markings on requirements of the Federal Aviation Docket No.: 581. its Bell Model 206B3 rotorcraft. Grant, Regulations (14 CFR Chapter I), Petitioner: Department of the Air August 2, 1995, Exemption No. 5761A. dispositions of certain petitions Force. Docket No.: 27486. previously received, and corrections. Sections of the FAR Affected: 14 CFR Petitioner: Carroll Aviation, Inc. The purpose of this notice is to improve 91.109. Sections of the FAR Affected: 14 CFR the public’s awareness of, and Description of Relief Sought/ 135.143(c)(2). participation in, this aspect of FAA’s Disposition: To extend Exemption No. Description of Relief Sought/ regulatory activities. Neither publication 134, as amended, which permits the Air Disposition: To extend Exemption No. of this notice nor the inclusion or Force to conduct nontraining 5810, which permits Carroll Aviation, omission of information in the summary photographic reconnaissance missions Inc., (CAI) to operate the following is intended to affect the legal status of that require flying a series of tracks at aircraft under part 135: (1) its Piper Pa– any petition or its final disposition. a constant altitude as prescribed by the 30 airplane, Serial No. 30–1085, DATES: Comments on petitions received FAR governing operations for flights Registration No. N7983Y, equipped with must identify the petition docket conducted under visual flight rules. any TSO–C74b or TSO–C74c number involved and must be received Grant, August 28, 1995, Exemption No. transponder; and (2) after notifying on or before October 25, 1995. 134H. CAI’s Principal Operations Inspector, ADDRESSES: Send comments on any Docket No.: 24605. any additional aircraft that require the petition in triplicate to: Federal Petitioner: World Jet Corporation. installation of an air traffic control Aviation Administration, Office of the Sections of the FAR Affected: 14 CFR transponder. Grant, August 30, 1995, Chief Counsel, Attn: Rule Docket (AGC– 91.511(a) and 135.165(b). Exemption No. 5810A. 200), Petition Docket No. llll, 800 Description of Relief Sought/ Docket No.: 27651. Independence Avenue, SW., Disposition: To extend Exemption No. Petitioner: Erickson Air-Crane Co. Washington, D.C. 20591. 4961, as amended, which permits the Sections of the FAR Affected: 14 CFR Comments may also be sent World Jet Corporation to operate its 45.27(a). electronically to the following internet turbojet aircraft in extended overwater Description of Relief Sought/ address: [email protected]. operations using one long-range Disposition: To permit the Erickson Air- The petition, any comments received, navigational system and one high- Crane Co., to display its aircraft and a copy of any final disposition are frequency communication system. registration numbers diagonally, rather filed in the assigned regulatory docket Grant, August 30, 1995, Exemption No. than horizontally, on the tail pylons of and are available for examination in the 4961E. its aircraft. Denial, August 21, 1995, Rules Docket (AGC–200), Room 915G, Docket No.: 25177. Exemption No. 6147. FAA Headquarters Building (FOB 10A), Petitioner: U.S. Coast Guard. Docket No.: 28188. 800 Independence Avenue, SW., Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices 49435

Washington, D.C. 20591; telephone Docket No.: 27295. Aviation, Inc., to operate turbojet (202) 267–3132. Petitioner: Monument Valley Air aircraft equipped with one high- FOR FURTHER INFORMATION CONTACT: Mr. Service. frequency (HF) communication system D. Michael Smith, Office of Rulemaing Sections of the FAR Affected: 14 CFR in extended overwater operations. (ARM–1) Federal Aviation 43.3(g). Grant, August 15, 1995, Exemption No. Administration, 800 Independence Description of Relief Sought/ 6146. Disposition: To extend Exemption No. Avenue, SW., Washington, DC 20591; [FR Doc. 95–23727 Filed 9–22–95; 8:45 am] telephone (202) 267–7470. 5727, which permits appropriately This notice is published pursuant to trained pilots employed by Monument BILLING CODE 4910±13±M paragraphs (c), (e), and (g) of § 11.27 of Valley Air Service to remove and Part 11 of the Federal Aviation reinstall aircraft cabin seats in its Federal Highway Administration Regulations (14 CFR Part 11). aircraft that are type certificated for nine [FHWA Docket No. 92±24] Issued in Washington, D.C., on September or fewer passenger seats and used in 20, 1995. operations conducted under part 135. Grant, August 10, 1995, Exemption No. Participation in the Congestion Pricing Michael Chase, Pilot Program Acting Assistant Chief Counsel for 5727A. Regulations. Docket No.: 27837. AGENCY: Federal Highway Petitioner: Los Angeles Police Administration (FHWA), Department of Petitions for Exemption Department. Transportation. Docket No.: 27833. Sections of the FAR Affected: 14 CFR ACTION: Notice; additional solicitation Petitioner: Air Tractor, Inc. 145.53. for participation. Sections of the FAR Affected: 14 CFR Description of Relief Sought/ 91.313(d). Disposition: To permit the City of Los SUMMARY: This notice further extends Description of Relief Sought: To Angles Department of General Services FHWA’s open invitation to State, local reconsider Exemption No. 6095, which Helicopter Maintenance Unit, an FAA- governments, or other public denied the petitioner exemption that certificated repair station to perform authorities, including toll authorities, to would have allowed a passenger to be maintenance on the department’s apply for participation in the carried in Air Tractor models AT–503A military surplus Bell Helicopter Model Congestion Pricing Pilot Program (Pilot and AT–802 restricted category aircraft 204B, an aircraft for which the repair Program) established by Section 1012(b) without that passenger performing one station is not rated. Denial, August 9, of the Intermodal Surface of the functions described in 1995, Exemption No. 6143. Transportation Efficiency Act of 1991 § 91.313(d). Docket No.: 27989. (ISTEA). This notice amends the Pilot Dispositions of Petitions Petitioner: Bidzy Ta Hot Aana d.b.a. Program to support initiatives by toll Tanana Air Service. authorities which involve tolls that vary Docket No.: 18881. by time of day and level of congestion. Petitioner: Experimental Aircraft Sections of the FAR Affected: 14 CFR DATES: The solicitation for participation Association. 43.3(g). Sections of the FAR Affected: 14 CFR Description of Relief Sought/ in the Pilot Program will be held open 91.151(a)(1). Disposition: To allow appropriately until further notice. Description of Relief Sought/ trained pilots employed by Tanana Air FOR FURTHER INFORMATION CONTACT: Mr. Disposition: To extend Exemption No. Service to remove and reinstall John T. Berg, Highway Revenue and 5745, which permits the International passenger seats in its aircraft type Pricing Team, HPP–13, (202) 366–0570; Aerobic Club (IAC), a division of the certificated for nine or fewer passenger or Mr. Wilbert Baccus, Office of the Experimental Aircraft Association, and seats that are used in operations Chief Counsel, HCC–32, (202) 366–0780; IAC members participating in IAC- conducted under part 135. Grant, FHWA, 400 Seventh Street SW., sponsored competitions to begin a August 10, 1995, Exemption No. 6145. Washington, DC 20590. daytime flight in an airplane under Docket No.: 28038. SUPPLEMENTARY INFORMATION: Section visual flight rules conditions when there Petitioner: Doug Geeting Aviation. 1012(b) of the ISTEA (Pub. L. 102–240, is enough fuel to be able to fly for at Sections of the FAR Affected: 14 CFR 105 Stat. 1914) authorizes the Secretary least 20 minutes after the first point of 43.3(g). of Transportation (the Secretary) to intended landing. This petitioner had Description of Relief Sought/ create a Pilot Program by entering into requested a permanent exemption; Disposition: To allow appropriately cooperative agreements with up to five however, while the exemption is trained pilots employed by Doug State or local governments or other granted, it is not permanent. Grant, Geeting Aviation to remove and reinstall public authorities, to establish, August 14, 1995, Exemption No. 5745A. aircraft cabin seats in its aircraft that are maintain, and monitor congestion Docket No.: 26552. type certificated for nine or fewer pricing pilot projects. This section also Petitioner: United Parcel Service Co. passenger seats and used in operations provides that three of these agreements Sections of the FAR Affected: 14 CFR conducted under part 135. The may involve the use of tolls on the appendix H, part 121. petitioner had requested permanent Interstate System notwithstanding 23 Description of Relief Sought/ exemption; however, while the U.S.C. 129, as amended, and 301. A Disposition: To extend Exemption No. exemption is granted, it is not maximum of $25 million is authorized 5366, as amended, which permits UPS, permanent. Grant, August 10, 1995, for each of the fiscal years 1992 through and any other operator contracting to Exemption No. 6144. 1997 to carry out this program. use UPS simulators, to conduct training Docket No.: 28084. In advance of completing its plan for and checking in UPS simulators that do Petitioner: Kokomo Aviation, Inc. implementing this program, the FHWA not meet all of the visual requirement Sections of the FAR Affected: 14 CFR published a Federal Register notice on necessary to be qualified as Level D 135.165(b)(6) and (7). May 29, 1992 (57 FR 22857), which (formerly Phase III) simulators. Grant, Description of Relief Sought/ presented general information about the August 16, 1995, Exemption No. 5366B. Disposition: To permit Kokomo Pilot Program and solicited public 49436 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices comment on a number of level of congestion for demand propose to increase tolls to raise implementation issues [Docket No. 92– management purposes. additional revenue to support capacity 94]. The comment period closed on June Although much remains to be learned expansion or otherwise improve service, 29, 1992. The FHWA published the about the response of travelers to but through the adoption of a initial solicitation for the Pilot Program congestion pricing practices, the use of combination of peak-period surcharges in the Federal Register on November 24, variable tolls has the potential of both and off-peak discounts the toll authority 1992 (57 FR 55293). The solicitation improving service on congested toll may be able to influence demand period closed on January 25, 1993. The facilities and reducing the need for patterns to provide improved customer results of the first solicitation were capacity expansion. To help overcome service or may be able to reduce the summarized in the Federal Register on barriers to the testing and use of variable level of capacity expansion needed. June 16, 1993 (58 FR 33293). The June tolls and to encourage congestion In either case, because of the 16 notice also extended the solicitation pricing initiatives by toll authorities, the innovative pricing strategy being period until October 14, 1993. A FHWA is modifying the existing offer of proposed, toll authorities need to be Federal Register notice dated May 25, support from the Pilot Program. The able to assure bondholders and rating 1994, extended the solicitation deadline Pilot Program can already provide agencies that revenues would not for program participation until further support for efforts designed to lay the decrease or be lost as a result of the pilot notice and broadened the program to groundwork for congestion pricing test. The FHWA recognizes that include pre-project activities and applications, such as the development forecasting traffic and revenue changes pricing of high-occupancy vehicle lanes. of public-involvement programs, that might result from adoption of a Since that notice was issued, the activities designed to overcome peak-period pricing initiative is FHWA has funded a variety of projects institutional barriers to implementing inherently uncertain, even if the involving pre-project studies and congestion pricing, and funding for objective of the initiative is to maintain implementation projects. Pre-project automated vehicle identification or revenue neutrality. For this reason, studies are underway in six cities in tolling equipment and operational costs FHWA is offering toll authorities the California, Minnesota, Oregon, Texas, for pricing applications. possibility of using Pilot Program funds and Colorado. An implementation The new feature being offered through to establish a revenue reserve fund that project is in the preliminary stages in this notice is the availability of Pilot could be drawn upon if revenues do fall San Diego, California. In addition, Pilot Program funds in the amount of up to below projected levels. Program funds are being used to support $10 million to a participating toll The exact details of the funding a monitoring and evaluation study of a authority, either directly or as an ISTEA arrangement of the Pilot Program would privately funded highway project in Section 1012 loan of Federal funds from be worked out to suit the unique California that will be the first U.S. toll the State to the toll authority, to be used circumstances of individual proposers, road using congestion pricing to establish a revenue reserve fund that but, in general, the proposer must techniques to manage demand. would be available to replace potential provide to FHWA an estimate of the Negotiations are currently underway for revenue loss that might be associated expected revenue stream expected to additional congestion pricing projects in with adoption of a congestion pricing result from a variable toll strategy (based other States. toll strategy. The purpose of this new on an estimate by an independent traffic feature is to help provide assurance to and revenue forecasting firm), assign a Additional Solicitation for the toll authority and others that the downside risk of revenue loss that might Participation revenue stream associated with a toll occur (e.g., if traffic projections prove to This notice expands the offer of facility would not be jeopardized by the be overstated), and propose to establish Federal support currently available to adoption of a congestion pricing toll a revenue reserve fund that would cover toll authorities and others for initiatives strategy. For example, a toll authority that potential amount of revenue loss. that would make use of variable tolls as might propose a revenue-neutral pricing The maximum amount of Federal funds part of a demand management strategy. strategy with peak-period surcharges to be available to any proposer for a Through this notice, the Pilot Program and/or off-peak discounts that would be revenue reserve fund is $10 million. The is being amended to make Federal funds designed to influence demand patterns proposer would be required to provide available for use as a revenue reserve to provide improved customer service or the non-Federal share of not less than 20 fund to replace revenue losses reduce the need for future capacity percent as the initial deposit in the associated with adoption of a congestion expansion. A revenue-neutral pricing fund. At the time the agreement is pricing toll strategy. strategy would also respond to the executed between FHWA and the The preferred method of charging negative perception of congestion proposer, the Federal share of project tolls on existing toll facilities is to set a pricing as simply a new tax designed to funds will be obligated. Federal funds fixed toll per passenger vehicle and a raise additional revenue. An example will be deposited in the revenue reserve fixed toll per axle for commercial from a toll road in France provides an fund immediately after the non-Federal vehicles. Fixed tolls may be favored interesting illustration where certain share is deposited. because they clearly satisfy bond trust peak period tolls are set 25 to 50 percent Any revenue reserve funds that are agreements and rate covenants regarding higher than the base rates and off-peak unused after completion of the revenue to service debt. Another reason rates are reduced by 25 to 50 percent. congestion pricing initiative may be for this method of tolling may be an The new toll structure has significantly used for other congestion relief projects, equity concern that all toll customers in reduced congestion during the most including capacity additions to the the same vehicle class be charged the congested periods and has been viewed facility included in the pilot project or same fixed fee. as a successful strategy by users of the related facilities, transit improvements However, fixed tolls do not tollway. The toll authority designed the in the area of the pricing project, other necessarily account for the importance pricing strategy to be revenue neutral, congestion pricing initiatives, or other of the trip to the user or the additional and while modest revenue losses were related uses. Proposals should identify cost responsibility of peak-period users. noted initially, it appears that overall specific plans for use of any excess They also preclude the possibility of revenue impacts were low. funds, or describe how such use will be using tolls that vary by time of day or Alternatively, a toll authority might determined at a later date. The Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices 49437 effectiveness of the proposed uses of Committee has been filed in accordance If you have any questions, please call these funds will be a consideration in with the Federal Advisory Committee Dan Decena at (202) 622–0637 or Peter the evaluation of proposals. Act of October 6, 1972 (Pub. L. No. 92– Necheles at (202) 622–2139. Please note The selection criteria contained in the 463), with the approval of the Secretary that these telephone numbers are not FHWA’s November 24, 1992, Federal of the Treasury. toll-free. Register notice will continue to be used The Advisory Committee consists of Mozelle W. Thompson, as general selection criteria for nine members of the public, appointed Deputy Assistant Secretary, Government implementation. However, clear priority by the President, who collectively Financial Policy. will be given to projects that can be represent: (1) community groups whose [FR Doc. 95–23656 Filed 9–22–95; 8:45 am] implemented during fiscal year (FY) constituencies include low-income BILLING CODE 4810±25±P 1996 so that the FHWA can evaluate families; (2) scientific, professional, data prior to expiration of ISTEA. business, nonprofit, or public interest Therefore, applications for FY 1996 organizations or associations, which are revenue reserve funding for toll roads neither affiliated with, nor under the UNITED STATES INSTITUTE OF should be submitted by October 31, direction of, a government; and (3) for- PEACE 1995, or as soon thereafter as possible. profit business interests. Proposals should include a brief The objectives of the Advisory Announcement of 1996 Solicited Grant discussion of the tolling strategy, Committee are to: (1) provide informed Topics expected timing of implementation, advice to the President regarding the AGENCY: United States Institute of Peace. proposed fund management plan, and implementation of the Program; and (2) ACTION: Notice. approvals needed. Any remaining review on a regular basis, the operation program funds would continue to be of the Program, and provide the SUMMARY: The agency is Soliciting available for pre-project and President with the conclusions of its Applications for Projects on the implementation efforts that would come review. following topics: later than FY 1996. To obtain further Pursuant to Executive Order No. information or discuss potential revenue Solicitation A: New Approaches to Conflict 12916, dated May 13, 1994, the Management, Peacemaking, and reserve fund projects contact Mr. John President established an interagency Peacekeeping T. Berg at the address provided under committee to implement the Program Solicitation B: Economic and/or FOR FURTHER INFORMATION CONTACT. and to receive, on behalf of the Environmental Factors and International Authority: 23 U.S.C. 315; 49 CFR 1.48; Sec. President, advice of the Advisory Conflict 1012(b), Pub. L. 102–240, 105 Stat. 1914, Committee. The interagency committee Solicitation C: Professional Conflict 1938. is chaired by the Secretary of the Resolution Training Programs and Materials Issued on: September 19, 1995. Treasury. The meeting of the Advisory Solicitation D: Cross-Cultural Negotiation Rodney E. Slater, Research and Training Federal Highway Administrator. Committee, which will be open to the public, will be held in Washington, DC, DATES: Application Material Available [FR Doc. 95–23688 Filed 9–22–95; 8:45 am] at the American Society of Association in September, 1995. Receipt Date for BILLING CODE 4910±22±P Executives (ASAE) Board Room, 1575 I Return of Applications: January 2, 1996. Street, NW, Washington DC 20005 from Notification of Awards: April, 1996. 2:00 p.m. to 6:30 p.m. EST, on ADDRESSES: For Applciation Package: DEPARTMENT OF THE TREASURY Wednesday, October 11, 1995. The room United States Institute of Peace, Domestic Finance; Notice of Open will accommodate approximately 100 Solicited Grant Program, 1550 M Street, Meeting of the Advisory Committee persons. Seats are available on a first- NW., Suite 700, Washington, DC 20005– Community Adjustment and come, first-serve basis. Due to limited 1708, (202) 429–6063 (fax), (202) 457– Investment Program seating, all prospective attendees are 1719 (TTY), usip— encouraged to notify the persons listed [email protected](email). The Department of the Treasury, below. If you would like to have the FOR FURTHER INFORMATION CONTACT: pursuant to the North American Free Advisory Committee consider a written The Grant Program, Phone (202)–429– Trade Agreement Implementation Act statement, please submit the material 3842. (Pub. L. No. 103–182) (the addressed to the Community ‘‘Implementation Act’’), established an Adjustment and Investment Program, Dated: September 19, 1995. advisory committee (the ‘‘Advisory Advisory Committee, Department of the Bernice J. Carney, Committee’’) for the community Treasury, 1500 Pennsylvania Avenue, Director Office of Administration. adjustment and investment program (the NW, Room 1124, Washington, DC 20220 [FR Doc. 95–23641 Filed 9–22–95; 8:45 am] ‘‘Program’’). The charter of the Advisory no later than Monday, October 2, 1995. BILLING CODE 3155±01±M 49438

Sunshine Act Meetings Federal Register Vol. 60, No. 185

Monday, September 25, 1995

This section of the FEDERAL REGISTER Docket # UL89–16, 001, Consolidated Docket# ER94–1561, 004 Citizens Utilities contains notices of meetings published under Hydro, Inc. Company the ``Government in the Sunshine Act'' (Pub. CAH–9. CAE–17. L. 94-409) 5 U.S.C. 552b(e)(3). Docket # P–9085, 013, Richard Balagur Docket# EC95–15, 000, Southern Indiana Other #s P–9085, 014, Richard Balagur Gas and Electric Company CAH–10. CAE–18. FEDERAL ENERGY REGULATORY Omitted Omitted CAE–19. COMMISSION Consent Agenda—Electric Docket# EC94–7, 000, El Paso Electric The following notice of meeting is CAE–1. Company and Central and South West published pursuant to Section 3(A) of Docket # ER95–791, 000, Jersey Central Services, Inc. # the Government in the Sunshine Act Power & Light Company, Metropolitan Other s ER94–898, 000, El Paso Electric (Pub. L. No. 94–409), 5 U.S.C. 552b: Edison Company and Pennsylvania Company and Central and South West Electric Company Services, Inc. DATE AND TIME: September 27, 1995, TX94–2, 000, El Paso Electric Company CAE–2. 10:00 a.m. and Central and South West Services, Docket # ER95–1443, 000, Montaup Inc. et al. v. Southwestern Public Service PLACE: 825 North Capitol Street, N.E., Electric Company Room 9306, Washington, D.C. 20426. Co. CAE–3. CAE–20. # STATUS: Open. Docket ER95–1466, 000, New England Docket# ER95–1138, 001, Southwestern Power Pool MATTERS TO BE CONSIDERED: Agenda. Public Service Company CAE–4. CAE–21. Note.—Items listed on the agenda may be Docket # ER95–1468, 000, Southern Docket# EL87–51, 006, Cajun Electric deleted without further notice. Company Services, Inc. Power Cooperative, Inc. v. Gulf States # CONTACT PERSON FOR MORE INFORMATION: Other s ER95–969, 000, Southern Utilities Company # Lois D. Cashell, Secretary, Telephone Company Services, Inc. Other s ER88–477, 006, Gulf States ER95–971, 000, Southern Company Utilities Company (202) 208–0400. For a recording listing Services, Inc. CAE–22. items stricken from or added to the ER95–976, 000, Southern Energy Docket# ER92–764, 003, New England meeting, call (202) 208–1627. Marketing, Inc. Power Company This is a list of matters to be TX95–5, 000, Southeastern Power V. Other#s ER92–766, 003, Northwest Utilities considered by the Commission. It does Southern Co. Service Company not include a listing of all papers CAE–5. CAE–23. # relevant to the items on the agenda; Docket# ER95–1491, 000, Energy Alliance Docket EL95–24, 001, Golden Spread however, all public documents may be Partnership Electric Cooperative, Inc. v. Southwestern Public Service Company examined in the reference and CAE–6. Docket# ER95–1530, 000, Southern CAE–24. information center. # California Edison Company Docket ER93–540, 004, American Electric Consent Agenda—Hydro, 637th Meeting— CAE–7. Power Service Corporation # September 27, 1995, Regular Meeting (10:00 Docket# ER95–1542, 000, Midamerican Other s EC94–7, 003, El Paso Electric a.m.) Energy Company Company and Central and South West Other#s ER95–188, 000, Midamerican Services, Inc. CAH–1. ER92–331, 004, Consumers Power Docket # P–2689, 007, Scott Paper Energy Company CAE–8. Company Company, N.E.W. Hydro, Inc. ER92–332, 004, Consumers Power Docket# ER95–1543, 000, Illinois Power CAH–2. Company # Company Docket P–2744, 020, Menominee ER93–465, 020, Florida Power & Light Other#s ER95–764, 000, Illinois Power Company, N.E.W. Hydro, Inc. Company et al. Company CAH–3. ER94–475, 003, Wisconsin Power & Light Docket # P–10395, 004, City of Augusta, CAE–9. # Company Kentucky Docket ER95–1510, 000, Wisconsin Power ER94–898, 003, El Paso Electric Company Other #s P–10646, 002, City of Vanceburg, and Light COMPANY and Central and South West Services, Kentucky CAE–10. # Inc. P–11053, 002, City of Hamilton, Ohio Docket EC95–17, 000, Tampa Electric ER94–1045, 005, Kansas City Power & CAH–4. Company Light Company , Docket # P–2570, 024, Ohio Power CAE–11. ER94–1113, 003, Northern States Power # Company Docket ER95–1515, 000, Western Company (Minnesota) and (Wisconsin) CAH–5. Resources, Inc. ER94–1348, 003, Southern Company Docket # P–3206, 026, City of New CAE–12. Services Martinsville, West Virginia Docket# ER95–1444, 000, IES Utilities, Inc. ER94–1380, 006, Louisville Gas & Electric Other #s P–3206, 028, City of New Other#s ER95–1465, 000, Industrial Energy Company Martinsville, West Virginia Applications, Inc ER94–1518, 003, Commonwealth Electric CAH–6. CAE–13. Company Docket # P–3913, 002, Puget Sound Power Docket# ER95–1453, 000, Commonwealth ER94–1561, 003, Citizens Utilities & Light Company Electric Company Company Other #s P–10269, 003, Washington Hydro CAE–14. ER94–1637, 003, Cinergy Services, Inc. Development Corporation Omitted ER94–1639, 003, Wisconsin Public Service CAH–7. CAE–15. Corporation Docket # P–5797, 006, B & C Energy, Inc. Omitted ER94–1698, 004, Kentucky Utilities CAH–8. CAE–16. Company Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Sunshine Act Meetings 49439

ER95–112, 004, Entergy Services, Inc. Other#s RP95–421, 000, Koch Gateway RP94–380, 005, Southern Natural Gas ER95–203, 005, Utilicorp United, Inc. Pipeline Company Company ER95–264, 003, Wisconsin Electric Power CAG–8. RP94–429, 003, Southern Natural Gas Company Docket# RP95–425, 000, Transwestern Company ER95–371, 004, Commonwealth Edison Pipeline Company RP95–27, 001, Southern Natural Gas Company CAG–9. Company CAE–25. Docket# RP95–426, 000, Mississippi River RP95–29, 002, Southern Natural Gas Omitted Transmission Corporation Company CAE–26. Other#s TM96–2–25, 000, Mississippi RP95–29, 003, Southern Natural Gas Omitted River Transmission Corporation Company CAE–27. CAG–10. RP95–59, 002, Southern Natural Gas # # Docket EG95–71, 000, Empresa Valle Docket RP95–427, 000, El Paso Natural Company Hermoso, S.A. Gas Company RP95–67, 001 Southern Natural Gas CAE–28. CAG–11. Company # # Docket EG95–74, 000, CSW Northwest Docket RP95–434, 000, Colorado RP95–177, 001, Southern Natural Gas Gp, Inc. Interstate Gas Company Company CAE–29. CAG–12. RP95–209, 000, Southern Natural Gas # # Docket EG95–75, 000, KVA Resources, Docket RP95–435, 000, Northern Natural Company Inc. Gas Company RS92–10, 015, Southern Natural Gas CAE–30. CAG–13. Company # Docket# TM96–1–32, 000, Colorado Docket EG95–76, 000, CSW Northwest LP. CAG–25. Interstate Gas Company Inc. Docket# RP94–365 005 Williams Natural CAG–14. CAE–31. Gas Company # Docket# PR95–10, 000, Enogex Inc. Docket EG95–72, 000, EI Services CAG–26. CAG–15. Columbia Docket# RP95–166 001 Pan-Alberta Gas Docket# RP93–187, 011, Equitrans, Inc. CAE–32. (U.S.), Inc. v. Pacific Gas and Electric # Other#s CP88–546, 009, Equitrans, Inc. Docket EG95–73, 000, Guaracachi Company and Pacific Gas Transmission RP93–62 et al., 014, Equitrans, Inc. America, Inc. Company CAG–16. CAE–33. CAG–27. # Docket# RP95–197, 000, Transcontinental Docket EG95–77, 000, Cortes Operating Docket# RP95–196, 003, Columbia Gas Company, S.A. DE C.V. Gas Pipe Line Corporation Transmission Corporation CAE–34. CAG–17. Other#s RP94–157, 006, Columbia Gas Docket# EG95–78, 000, Electricidad de Docket# RP95–423, 000, Florida Gas Transmission Corporation Cortes, S. DE R.L. DE C.V. Transmission Company RP95–392, 001, UGI Utilities, Inc. v. CAE–35. CAG–18. Columbia Gulf Transmission Company Docket# AC95–163, 000, Ohio Power Omitted and Columbia Gas Transmission Company CAG–19. Corporation CAE–36. Docket# RP94–145, 003, Pacific Gas CAG–28. Docket# EL93–42, 000, Towns and Cities of Transmission Company Docket# RP90–137 023 Williston Basin Clayton, Lewes and Middleton, Delaware CAG–20. Docket# RP95–28, 000, Williams Natural Interstate Pipeline Company et al., v. Delmarva Power & Light # Company Gas Company CAG–29. Docket RP95–271 002 CAG–21. Transwestern Pipeline Company CAE–37. # Docket# EL95–34, 000, James River Paper Docket# RP95–120, 000, Noram Gas Other s CP94–211, 003, Transwestern Company, Inc. Transmission Company Pipeline Company CAE–38. CAG–22. CP94–254, 002, Transwestern Pipeline Omitted Docket# RP95–185, 004, Northern Natural Company CAE–39. Gas Company CP94–676, 001, Transwestern Pipeline Omitted CAG–23. Omitted Company CAE–40. CAG–24. CP94–751, 003, Transwestern Pipeline Omitted Docket# RP89–224, 012, Southern Natural Company CAE–41. Gas Company CP95–70, 003, Transwestern Pipeline Omitted Other#s CP71–273, 012, Southern Natural Company Gas Company CP95–112, 002, Transwestern Gathering Consent Agenda—Gas and Oil CP95–289, 000, Southern Natural Gas Company CAG–1. Company CP95–153, 001, Transwestern Pipeline Docket# RP95–429, 000, ANR Pipeline CP95–292, 000, Southern Natural Gas Company Company Company CP95–378, 001, Transwestern Pipeline CAG–2. RP89–203, 008, Southern Natural Gas Company Docket# RP95–430, 000, Southern Natural Company RP93–34, 009, Transwestern Pipeline Gas Company RP90–139, 013, Southern Natural Gas Company CAG–3. Company RP94–227, 002, Transwestern Pipeline Docket# RP95–431, 000, Southern Natural RP91–69, 004, Southern Natural Gas Company Gas Company Company CAG–30. Docket# RP94–43, 013, ANR CAG–4. RP92–134, 013, Southern Natural Gas Pipeline Company Docket# RP95–432, 000, Columbia Gas Company Other#s RP94–43, 014, ANR Pipeline Transmission Corporation RP93–15, 009, Southern Natural Gas Company CAG–5. Company RP95–58, 002, ANR Pipeline Company Docket# TM96–1–8, 000, South Georgia RP94–67, 019, Southern Natural Gas CAG–31. Natural Gas Company Company et al. Docket# RP95–91, 002, Columbia Gas CAG–6. RP94–264, 007, Southern Natural Gas Transmission Corporation Docket# RP95–30, 004, Koch Gateway Company Other#s RP95–91, 001, Columbia Gas Pipeline Company RP94–269, 001, Southern Natural Gas Transmission Corporation CAG–7. Company CAG–32. Docket# RP95–295,002, Koch Gateway RP94–307, 002, Southern Natural Gas Docket# RP95–6, 005, Northwest Pipeline Pipeline Company Company Corporation 49440 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Sunshine Act Meetings

Other#s RP95–6, 004, Northwest Pipeline Other#s CP93–541, 006, Young Gas Storage entrance between 20th and 21st Streets, Corporation Company, Ltd. N.W., Washington, D.C. 20551. CAG–33. CAG–57. Docket# RP95–318, 001, Williston Basin Docket# CP95–300, 000, Washington STATUS: Closed. Interstate Pipeline Company Natural Gas Company CAG–34. Other#s CP95–576, 000, Northwest MATTERS TO BE CONSIDERED: Docket# RM95–12, 000, Minimum Filing Pipeline Corporation 1. Personnel actions (appointments, Requirements for FERC Form No. 6, CAG–58. promotions, assignments, reassignments, and Annual Report for Oil Pipelines Docket# CP94–771, 000, Ashland salary actions) involving individual Federal CAG–35. Exploration, Inc. Reserve System employees. # Docket IS95–36, 000, Texaco Pipeline, Other#s CP94–757, 000, CNG Transmission 2. Any items carried forward from a Inc. Corporation previously announced meeting. CAG–36. CAG–59. Docket# PR95–11, 000, Egan HUB Partners, Docket# RP95–146, 001, Texas Gas CONTACT PERSON FOR MORE INFORMATION: L.P. Transmission Corporation Mr. Joseph R. Coyne, Assistant to the CAG–37. CAG–60. Board; (202) 452–3204. You may call Docket# MG95–7, 000, Cove Point LNG # Docket OR95–5, 000, Mobil Oil (202) 452–3207, beginning at Limited Partnership Corporation V. SFPP, L.P. CAG–38. Other#s OR92–8, 000, SFPP, L.P. approximately 5 p.m. two business days Docket# MG94–4, 003, Alabama-Tennessee OR94–4, 000, SFFP, L.P. before this meeting, for a recorded Natural Gas Company CAG–61. announcement of bank and bank CAG–39. Omitted holding company applications # Docket RP95–114, 000, Colorado CAG–62. scheduled for the meeting. Interstate Gas Company Docket# TM96–1–34, 000, Florida Gas Dated: September 21, 1995. CAG–40. Transmission Company Omitted CAG–63. Jennifer J. Johnson, CAG–41. Docket# OR89–2, 008, Trans Alaska P/L Deputy Secretary of the Board. Docket# CP93–258, 007, Mojave Pipeline System [FR Doc. 95–23770 Filed 9–21–95; 9:45 am] Company Other#s IS89–7, 008, Amerada Hess CAG–42. BILLING CODE 6210±01±P # Pipeline Corp. Docket CP94–196, 003, Williams Natural IS89–8, 003, ARCO Transportation Alaska, Gas Company # Inc. DEPARTMENT OF JUSTICE Other s CP94–197, 003, Williams Gas IS89–9, 008, BP Pipelines (Alaska Inc.) Inc. Processing—Mid-Continent Region IS89–10, 008, Exxon Pipeline Company UNITED STATES PAROLE COMMISSION Company IS89–11, 008, Mobil Alaska P/L Company CAG–43. Public Announcement # IS89–12, 008, Phillips Alaska P/L Corp. Docket CP94–654, 002, Texas Eastern IS89–13, 008, Unocal Pipeline Company Transmission Corporation Pursuant To The Government In the CAG–44. Hydro Agenda Sunshine Act Docket# CP95–119, 002, Steuben Gas H–1. (Public Law 94–409) Storage Company Reserved CAG–45. [5 U.S.C. Section 552b] Docket# CP92–184, 012, Texas Eastern Electric Agenda Transmission Corporation E–1. TIME AND DATE: 1:30 p.m., Tuesday, CAG–46. Reserved September 19, 1995. Docket# CP94–6, 003, Texas Eastern Transmission Corporation Oil and Gas Agenda PLACE: 5550 Friendship Boulevard, # Other s CP94–89, 002, CNG Transmission I. Pipeline Rate Matters Suite 400, Chevy Chase, Maryland Corporation 20815. PR–1. CAG–47. # Omitted Docket RM95–4, 000, Final Rule. STATUS: Open. CAG–48. Revisions to uniform system of accounts, MATTERS TO BE CONSIDERED: The Docket# CP95–74, 001, Texas Eastern forms, statements, and reporting Transmission Corporation requirements for natural gas co. following matters have been placed on CAG–49. PR–2. the agenda for the open Parole # Docket# CP95–91, 001, ANR Pipeline Docket RM95–3, 000, Final Rule. Filing Commission meeting: Company requirements for interstate natural gas company rate schedules and tariffs 1. Approval of minutes of previous CAG–50. Commission meeting. Omitted II. Pipeline Certificate Matters 2. Reports from the Chairman, CAG–51. Commissioners, Legal, Chief of Staff, Case Docket# CP95–113, 000, K N Interstate Gas PC–1. Reserved Operations, and Administrative Sections. Transmission Company 3. Resolving discrepancies between the CAG–52. Dated: September 20, 1995. # Rules and Procedures Manual and the Code Docket CP95–167, 000, Koch Gateway Lois D. Cashell, of Federal Regulations. Pipeline Company Secretary. 4. Training of U.S. Parole Commission CAG–53. employees. Docket# CP95–681, 000, Texas Eastern [FR Doc. 95–23807 Filed 9–21–95; 1:58 pm] Transmission Corporation BILLING CODE 6717±01±P AGENCY CONTACT: Tom Kowalski, Case CAG–54. Operations, United States Parole Docket# CP95–278, 000, Interstate Utilities Company BOARD OF GOVERNORS OF THE FEDERAL Commission, (301) 492–5962. CAG–55. RESERVE SYSTEM Dated: September 13, 1995. Docket# CP91–2206, 010, Tennessee Gas TIME AND DATE: 10:00 a.m., Thursday, Michael A. Stover, Pipeline Company General Counsel, U.S. Parole Commission. CAG–56. September 28, 1995. Docket# CP93–541, 004, Young Gas Storage PLACE: Marriner S. Eccles Federal [FR Doc. 95–23855 Filed 9–21–95; 2:14 pm Company, Ltd. Reserve Board Building, C Street BILLING CODE 4410±01±M Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Sunshine Act Meetings 49441

DEPARTMENT OF JUSTICE Approval of minutes of meeting held on 2. Supplement to Contract No. TV–92582V August 30, 1995. with Fitzgerald & Company for advertising UNITED STATES PAROLE COMMISSION Discussion Item support and delegation of authority to the Public Announcement 1. Final Rate Review. Senior Vice President, Communications, to execute the supplement. Pursuant To The Government In the Action Items 3. Abandonment of a portion of the Sunshine Act New Business Pickwick-Memphis transmission line right- of-way easement affecting 7.7 acres in Shelby (Public Law 94–409) A—Budget and Financing County, Tennessee (Tract No. PM–228). [5 U.S.C. Section 552b] A1. Approval of Short-Term Borrowing 4. Approval for Fossil and Hydro Power to from the Treasury. enter into a contract with Sverdrup DATE AND TIME: Tuesday, September 19, Corporation to perform makeup water supply 1995, 9:30 a.m. C—Energy upgrades and services for TVA fossil plants. PLACE: 5550 Friendship Boulevard, C1. Proposed Increases in Prices Under 5. Filing of condemnation cases. Suite 400, Chevy Chase, Maryland Dispersed Power Price Schedule—CSPP. C2. Contract with Argonaut Insurance FOR MORE INFORMATION: Please call TVA 20815. Company for workers’ compensation, Public Relations at (615) 632–6000, STATUS: Closed—Meeting. employer’s liability, and general liability Knoxville, Tennessee. Information is insurance for the Owner Controlled MATTERS CONSIDERED: The following also available at TVA’s Washington Insurance Program. matter will be considered during the C3. Extension through September 30, 1996, Office (202) 898–2999. closed portion of the Commission’s of the program offering incentives for Dated: September 20, 1995. Business Meeting: employees and retirees to purchase efficient Edward S. Christenbury, electric appliances. Appeals to the Commission involving General Counsel and Secretary. approximately 9 cases decided by the E—Real Property [FR Doc. 95–23857 Filed 9–21–95; 2:14 pm] National Commissioners pursuant to a E1. Amendment of the Kentucky Reservoir reference under 28 C.F.R. 2.27. These cases BILLING CODE 8120±08±M Land Management Plan to change the were originally heard by an examiner panel allocations for a portion of Tract No. XGIR– wherein inmates of Federal prisons have 18PT from forest management, wildlife UNITED STATES ENRICHMENT CORPORATION applied for parole or are contesting management, and open space to allow a grant BOARD OF DIRECTORS revocation of parole or mandatory release. of a 25-year easement affecting AGENCY CONTACT: Tom Kowalski, Case approximately 20 acres of Kentucky TIME AND DATE: 8:00 a.m., Tuesday, Operations, United States Parole Reservoir land in Marshall County, September 26, 1995. Commission, (301) 492–5962. Kentucky, for public recreation purposes (Tract No. XTGIR–143RE). PLACE: USEC Corporate Headquarters, Dated: September 13, 1995. Ee. Grant of a term easement affecting 6903 Rockledge Drive, Bethesda, Michael A. Stover, approximately 15.7 acres of TVA’s Ocoee No. Maryland 20817. 1 Dam Reservation property in Polk County, General Counsel, U.S. Parole Commission. Tennessee, for a public use visitor area (Tract STATUS: Portions of the meeting will be [FR Doc. 95–23856 Filed 9–21–95; 2:14 pm] No. XTOCR–7RE). closed to the public. BILLING CODE 4410±01±M F—Unclassified MATTERS TO BE CONSIDERED: F1. TVA contribution to the TVA • Review of commercial and financial TENNESSEE VALLEY AUTHORITY Retirement System for Fiscal Year 1996 at the issues of the Corporation. rate of 6.67 percent of members’ payroll. [Meeting No. 1479] • Personnel and procedural matters. Information Items TIME AND DATE: 10 a.m. (EDT), CONTACT PERSON FOR MORE INFORMATION: September 27, 1995. 1. Delegation of authority to the Senior Vice President, Fossil and Hydro Power, to Barbara Arnold 301–564–3354. PLACE: TVA West Tower Auditorium, award contracts for the purchase of coal to Dated: September 20, 1995. 400 West Summit Hill Drive, Knoxville, the firms submitting the low acceptable offers William H. Timbers, Jr., Tennessee. under Requisition 31 for Kingston and Bull President and Chief Executive Officer, STATUS: Open. Run Fossil Plants: Cyprus Mountain Coals Corporation, Leslie Resources, Inc., and [FR Doc. 95–23781 Filed 9–21–95; 1:58 pm] Agenda Tennessee Mining, Inc. BILLING CODE 8720±01±M 49442

Corrections Federal Register Vol. 60, No. 105

Monday, September 25, 1995

This section of the FEDERAL REGISTER On the same page, in the second Tuesday, September 12, 1995, make the contains editorial corrections of previously column, in the third paragraph, in the following correction: published Presidential, Rule, Proposed Rule, 11th line, ‘‘November 22’’ should read On page 47341, in the first column, in and Notice documents. These corrections are ‘‘November 27’’. prepared by the Office of the Federal the DATES section, in the second line, Register. Agency prepared corrections are BILLING CODE 1505±01±D ‘‘October 27, 1995. ’’ should read issued as signed documents and appear in ‘‘October 23, 1995.’’ the appropriate document categories elsewhere in the issue. DEPARTMENT OF COMMERCE BILLING CODE 1505±01±D National Oceanic and Atmospheric Administration DEPARTMENT OF COMMERCE 50 CFR Part 641 Foreign-Trade Zones Board [Docket No.950810-206-5224-02; [Docket 50-95] I.D.082395A] Proposed Foreign-Trade Zone--Kodiak, RIN 0648-AG29 Alaska, Application and Public Hearing Reef Fish Fishery of the Gulf of Correction Mexico; Amendment 11 In notice document 95–22763 appearing on page 47547, in the issue of Correction Wednesday, September 13, 1995, make In proposed rule document 95–22551 the following correction: beginning on page 47341 in the issue of federal register September 25,1995 Monday Treatment andMedication;FinalRule Administrative SafeguardsforPsychiatric 28 CFRPart549 Bureau ofPrisons Justice Department of Part II 49443 49444 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations

DEPARTMENT OF JUSTICE comment was received on the interim PART 549ÐMEDICAL SERVICES rule. Bureau of Prisons 1. The authority citation for 28 CFR In adopting the interim rule as final, part 549 continues to read as follows: 28 CFR Part 549 the Bureau is correcting a typographical error in § 549.41(b) and is making a Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4005, 4042, 4045, 4081, [BOP±1047±F] minor adjustment to the definition of 4082 (Repealed in part as to offenses emergencies in § 549.43(b). In committed on or after November 1, 1987), RIN 1120±AA40 § 549.41(b), ‘‘voluntarily’’ had 4241–4247, 5006–5024 (Repealed October 12, erroneously appeared as ‘‘voluntary.’’ In 1984 as to offenses committed after that Administrative Safeguards for § 549.43(b), the definition of a date), 5039; 28 U.S.C. 509, 510; 28 CFR 0.95– Psychiatric Treatment and Medication psychiatric emergency is modified to 0.99. AGENCY: Bureau of Prisons, Justice. include ‘‘extreme deterioration of 2. In § 549.41, paragraph (b) is revised ACTION: Finalization of Interim Rule. functioning secondary to psychiatric to read as follows: illness.’’ § 549.41 Voluntary admission and SUMMARY: In this document, the Bureau The Bureau of Prisons has determined psychotropic medication. of Prisons adopts as final its interim that this rule is not a significant regulations on administrative * * * * * regulatory action for the purpose of E.O. procedural safeguards given an inmate (b) If an inmate is to receive 12866, and accordingly this rule was not prior to the provision of involuntary psychotropic medications voluntarily, psychiatric treatment and medication. reviewed by the Office of Management his or her informed consent must be The intent of this amendment is to and Budget. After review of the law and obtained, and his or her ability to give maintain appropriate administrative due regulations, the Director, Bureau of such consent must be documented in process procedures in the provision of Prisons has certified that this rule, for the medical record by qualified health necessary health care to inmates, the purpose of the Regulatory Flexibility personnel. consistent with community standards. Act (Pub. L. 96–354), does not have a 3. In § 549.43, paragraph (b) is amended by revising the first sentence EFFECTIVE DATE: September 25, 1995. significant impact on a substantial number of small entities. to read as follows: ADDRESSES: Office of General Counsel, Bureau of Prisons, HOLC Room 754, 320 List of Subjects in 28 CFR Part 549 § 549.43 Involuntary psychiatric treatment First Street, NW., Washington, DC and medication. 20534. Prisoners. * * * * * FOR FURTHER INFORMATION CONTACT: Roy Kathleen M. Hawk, (b) Emergencies: For purpose of this Nanovic, Office of General Counsel, Director, Bureau of Prisons. subpart, a psychiatric emergency is Bureau of Prisons, phone (202) 514– defined as one in which a person is Accordingly, pursuant to the 6655. suffering from a mental illness which rulemaking authority vested in the creates an immediate threat of bodily SUPPLEMENTARY INFORMATION: The Attorney General in 5 U.S.C. 552(a) and Bureau of Prisons is adopting as final its harm to self or others, serious delegated to the Director, Bureau of interim regulations on administrative destruction of property, or extreme Prisons in 28 CFR 0.96(p), the interim safeguards in the provision of deterioration of functioning secondary rule amending 28 CFR part 549 which psychiatric treatment, including to psychiatric illness. * ** medication, which were published was published at 57 FR 53820 on * * * * * November 12, 1992 in the Federal November 12, 1992 is adopted as a final [FR Doc. 95–23657 Filed 9–22–95; 8:45 am] Register (57 FR 53820). No public rule with the following changes. BILLING CODE 4410±05±P federal register September 25,1995 Monday Rules Mitigation andConservationPlan;Final Implementing theCommission's Procedures forDevelopingand Organization andFunctions;Policies 43 CFRCh.IIIandPart10000,etal. Commission Conservation Mitigation and Utah Reclamation Part III 49445 49446 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations

UTAH RECLAMATION MITIGATION CHAPTER IIIÐUTAH RECLAMATION mandate and spirit of the Act, including AND CONSERVATION COMMISSION MITIGATION AND CONSERVATION all other pertinent laws and regulations, COMMISSION and will emphasize and assure full 43 CFR Chapter III and Part 10000 Part public involvement. 10000 Organization and functions (2) The Commission recognizes the Organization and Functions 10005 Policies and procedures for existing authorities of other Federal and developing and implementing the State agencies for the management of AGENCY: Utah Reclamation Mitigation Commission’s mitigation and conservation plan fish, wildlife and recreation resources and Conservation Commission. and habitats in the State, and pledges to ACTION: Final rule. PART 10000ÐORGANIZATION AND cooperate with said agencies to the FUNCTIONS fullest extent possible. SUMMARY: This part describes the (3) The Commission is committed to organization and functions of the agency Sec. raising the awareness and appreciation which was established by the Central 10000.1 Purpose. of fish and wildlife and their Utah Project Completion Act. The rule 10000.2 Authority. importance to the quality of life, as well meets the requirement of the Federal 10000.3 Definitions. 10000.4 Objective. as the fundamental and intrinsic right to Administrative Procedures Act that each 10000.5 Mission statement. coexistence as fellow species on our agency shall separately state and 10000.6 Organization and functions. planet. currently publish such information in 10000.7 Place of business; service of (4) Whenever and wherever pertinent, the Federal Register for the guidance of process. the Commission will strive to the public. Authority: 5 U.S.C. 551 et seq.; 43 U.S.C. implement projects in accordance with EFFECTIVE DATE: The rule takes effect on 620k(note); Sec. 301(g)(3)(A) of Pub. L. 102– ecosystem-based management and September 25, 1995. 575, 106 Stat. 4600, 4625. principles. (5) The Commission will strive to FOR FURTHER INFORMATION CONTACT: § 10000.1 Purpose. implement projects which offer long- Michael C. Weland, Executive Director, This part describes the general term benefits to fish, wildlife and Utah Reclamation Mitigation and organization of the agency and the major recreation resources wherever and Conservation Commission, 111 East functions of the operating units whenever pertinent. Broadway, Suite 310, Salt Lake City, established within it. (6) The Commission is committed to Utah, 84111. Telephone: 801–524–3146. § 10000.2 Authority. operate in a cost-effective manner, minimize overhead and operating SUPPLEMENTARY INFORMATION: This part is issued under the authority expenses so as to maximize funds of 5 U.S.C. 552 and section 301(g)(3)(A) Background available for projects, and encourage of the Central Utah Project Completion and seek out joint-venture funding and The establishment of this rule Act (Public Law 102–575, 106 Stat. partnerships for projects. provides notice to the public of the role 4600, 4625, October 30, 1992). of the Commission in mitigating for the § 10000.6 Organization and functions. effects of Federal reclamation projects in § 10000.3 Definitions. Utah and to take other actions for the Act refers to the Central Utah Project (a) The Commission is an executive conservation of important fish, wildlife, Completion Act, Titles II, III, IV, V, and branch agency independent from the and recreation resources. The VI of Public Law 102–575, October 30, Department of the Interior, except that Commission was established to focus 1992. the Department is the vehicle through the authority for reclamation mitigation which the Commission receives and to coordinate interagency efforts § 10000.4 Objective. appropriated funds. toward meeting mitigation needs. Section 301 of the Act established the (b) The five member Commission Commission to coordinate the appointed by the President is the policy- Rule Content implementation of the mitigation and making body for the agency and has the The rule provides a description of the conservation provisions of the Act following duties and responsibilities: (1) Formulating the agency policies general organization of the agency and among Federal and State fish, wildlife, and objectives, and approving plans and describes the responsibilities of the and recreation agencies in the State of projects, for implementation of the fish, Commission as the policy making body Utah. wildlife, and recreation mitigation and similar to a board of directors, and the § 10000.5 Mission statement. conservation projects and features administrative duties and (a) The mission of the Utah authorized in the Act; responsibilities of the Executive Reclamation Mitigation and (2) Reviewing and approving agency Director and staff regarding Conservation Commission is to fiscal year budgets formulated and implementation of mitigation and formulate and implement the policies recommended by the Executive conservation projects as authorized in and objectives to accomplish the Director; the Act. It restates the purpose and mitigation and conservation projects (3) Conducting public meetings on objectives from the Act and contains the authorized in the Act in coordination agency plans, programs, and projects; agency Mission Statement developed by with Federal and State fish, wildlife and (4) Representing the agency at the Commission. recreation agencies and with local Congressional hearings on annual List of Subjects in 43 CFR Part 10000 governmental entities and the general agency appropriations or agency public. programs; and Authority delegations (Government (b) In fulfillment of this mission, the (5) Reviewing and approving plans for agencies), Organization and functions Commission acknowledges and adopts the appointment or acquisition by the (Government agencies). the following Guiding Principles for the Executive Director of such permanent, Accordingly, a new chapter III is conduct of its responsibilities. temporary, and intermittent personnel established in title 43 of the Code of (1) The Commission will conduct its services as the Executive Director Federal Regulations to read as follows: activities in accordance with the considers appropriate. Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations 49447

(c)(1) The Executive Director is the approved by the Commission through development and management of chief executive officer of the agency and the execution of Memoranda of mitigation and conservation projects; has, but is not limited to, the following Agreements, motions, or other official (2) Planning Administration, through duties and responsibilities: actions, including approving, the Planning Manager, responsible for (i) Implementing the policies, plans, administering, and monitoring development and coordination of objectives, and projects adopted by the expenditures of funds and other actions mitigation and conservation plans and Commission for implementation of the taken pursuant to such contracts, for environmental compliance in fish, wildlife, and recreation mitigation cooperative agreements, and other such general; and conservation projects and features documents; (3) Public Information, through the authorized in the Act; (vii) Monitoring, measuring, and Public Information Officer, responsible (ii) Representing the Commission as reporting to the Commission progress in for preparation of reports and directed and authorized, including carrying out mitigation and documents and dissemination to the serving as the liaison with Federal, conservation plans and projects; public of information regarding agency State, and local government agencies (viii) Directing the day-to-day programs and projects; and and public interest groups, and administration of the agency, including: (4) Administrative Services, through providing for public notice and (A) Approving expenditures and the Administrative Officer, responsible involvement and agency consultation executing contracts and leases for the for administrative support services and with respect to Commission activities; acquisition of property or services as are office management. (iii) Attending all meetings of the necessary for the administration of the Commission and participating in its § 10000.7 Place of business; service of agency, provided such expenditures are discussions and deliberations; making process. within the agency’s annual inquiries into and conducting appropriations and the annual budget as (a) The principle place of business investigations into all agency activities; approved by the Commission, and and offices of the agency are located at examining all proposed projects, provided further that the Executive 111 East Broadway, Suite 310, Salt Lake agreements, and contracts to which the Director shall consult with the City, Utah 84111. All correspondence agency may become a party; preparing Commission prior to the approval of any and requests for information or other technical and administrative reports, such expenditure in excess of $25,000; materials should be submitted to the agency correspondence, and other agency at this address. documents and materials as required; (B) Enforcing, observing, and administering all laws, rules, (b) The Executive Director is the notifying the Commission of any agency official designated to accept emergency that may arise within or regulations, leases, permits, contracts, licenses and privileges applicable to or service of process on behalf of the affect the agency; and keeping the agency. Commission fully informed on all enforceable by the agency; consulting with and advising agency employees; Michael C. Weland, important aspects of the agency’s Executive Director. administration and management; designating, in the absence of the (iv) Appointing agency staff in Executive Director, a qualified agency [FR Doc. 95–23136 Filed 9–22–95; 8:45 am] accordance with the staffing plan employee to direct agency activities and BILLING CODE 4310±05±P approved by the Commission and in to make such decisions as are required accordance with the Federal personnel during such absence; delegating 43 CFR Part 10005 rules and regulations applicable under responsibility to agency personnel as in the judgment of the Executive Director the Act, including: Appointing and Policies and Procedures for will benefit agency operations and managing qualified staff capable of Developing and Implementing the functions; and carrying out assigned responsibilities; Commission's Mitigation and (C) Managing and maintaining agency establishing compensation and Conservation Plan standards, qualifications, and office space, equipment, and facilities in procedures for agency personnel; a sound and efficient manner; AGENCY: Utah Reclamation Mitigation procuring temporary and intermittent establishing and maintaining agency and Conservation Commission. personnel services as necessary and as files and archives; and preparing and ACTION: Final rule. are within the annual budget approved maintaining an up-to-date inventory of by the Commission; terminating all agency property; and SUMMARY: This planning rule establishes personnel; ensuring compliance with (ix) Exercising the full power of the the Commission’s policies regarding the Federal Safety Program and prescribed Commission in times of emergency until mitigation and conservation plan health and safety standards; and giving such time as the emergency ends or the required by the Central Utah Project positive direction in accomplishing Commission meets in formal session. Completion Act (Act). It defines the equal employment opportunity (2) Except in emergency situations procedures that the Commission will commitments for fair selection, and when specifically delegated such follow in preparing and implementing encouragement, and recognition of responsibility by the Commission, the the plan and provides information to employees; Executive Director has no authority to other agencies and the public regarding (v) Formulating the agency budget formulate mitigation and conservation how they might participate. The rule and cost estimates to support agency policies and objectives or to approve or meets the requirement of the Act that a plans, programs, and activities, and disapprove agency plans or projects, for rule be established to guide applicants providing such budget implementation of the fish, wildlife, and in making recommendations to the recommendations and estimates to the recreation mitigation and conservation Commission, and to ensure appropriate Commission; projects and features authorized in the public involvement. It also fulfills the (vi) Executing, administering, and Act. Commission’s need to clearly delineate monitoring contracts, cooperative (d) The agency staff is organized into a process that will be followed in agreements, and such other documents four functional areas: preparing the plan, including the as are necessary to implement (1) Project Administration, through identification of the decision factors that mitigation and conservation projects the Project Manager, responsible for will be used to evaluate and select the 49448 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations mitigation and conservation projects to using decision factors delineated in the 10005.10 Relationship of the plan to the be included in the plan. The intended planning rule. Selected proposals will authorities and responsibilities of other effects of this rule are that the public be made components of the agencies. will have a clear understanding of the Commission’s draft five-year plan. The 10005.11 Environmental compliance. 10005.12 Policy regarding the scope of Commission’s planning process and that public will be given 30 days in which measures to be included in the plan. the resultant plan will be built upon a to review the draft plan prior to release 10005.13 Geographic and ecological context foundation of sound public policy and of a final plan. Public meetings and for the plan. natural resource planning theory. other means will be used to involve the 10005.14 Resource features applicable to EFFECTIVE DATE: The rule takes effect on public during the preparation of the the plan. September 25, 1995. plan. 10005.15 Planning and management techniques applicable to the plan. FOR FURTHER INFORMATION CONTACT: Rule Preparation and Review 10005.16 Plan content. Michael C. Weland, Executive Director, The planning rule was prepared in 10005.17 Plan development process. Utah Reclamation Mitigation and consultation with affected Federal and 10005.18 Project solicitation procedures. Conservation Commission, 111 East state agencies and other interested 10005.19 Decision factors. Broadway, Suite 310, Salt Lake City, 10005.20 Project evaluation procedures. parties. The availability of the draft final 10005.21 Amending the plan. Utah, 84111. Telephone: 801–524–3146. rule was announced at the July 31, 1995 Authority: 43 U.S.C. 620k(note); sec. SUPPLEMENTARY INFORMATION: Commission meeting at which time copies were made available for agency 301(g)(3) (A) and (C) of Pub. L. 102–575, 106 Stat. 4600, 4625. Background and public review. Notice of availability The establishment of this rule was posted in the appropriate § 10005.1 Purpose. provides the Commission and the public newspapers and copies mailed to The planning rule in this part with the necessary guidance to prepare agencies and individuals who had establishes the Commission’s policies a plan to mitigate for the effects of previously expressed interest. regarding the mitigation and Federal reclamation projects in Utah Modifications made in response to conservation plan required by the and to take other actions for the public comments were non-substantive Central Utah Project Completion Act, conservation of important fish, wildlife, in nature and largely consisted of Public Law 102- 575, 106 Stat. 4600, and recreation resources. The clarifications. The final rule was 4625, October 30, 1992. It defines the Commission was established to focus adopted at the August 21, 1995 procedures that the Commission will the authority for reclamation mitigation Commission meeting. The preliminary follow in preparing and implementing and to coordinate interagency efforts step of preparing a proposed rule was the plan and provides information to toward meeting mitigation needs. The not required as the planning rule other agencies and the public regarding Act (Public Law 102–575) mandates that establishes internal management how they might participate. a plan be prepared that ‘‘shall consist of procedures that will not have a the specific objectives and measures the substantive effect on the actions of other § 10005.2 Definitions. Commission intends to agencies, levels of government, or The Act refers to the Central Utah administer * * * to implement the private citizens. Project Completion Act, Titles II, III, IV, mitigation and conservation projects List of Subjects in 43 CFR Part 10005 V, and VI of Public Law 102–575, and features authorized in this Act.’’ October 30, 1992. Administrative practice and Applicant refers to an agency, Planning Rule Content procedure, Environmental protection, organization, or individual providing The planning rule provides direction Fish, Intergovernmental relations, formal recommendations to the on all aspects of the plan development Natural resources, Reclamation, Commission regarding projects to be process. It assigns responsibilities, Recreation and recreation areas, Water considered for inclusion in the defines the Commission’s obligation resources, Watersheds, Wildlife. Commission’s plan. regarding mitigation projects identified For the reasons set out in the Commission means the Utah in the Act, describes the Commission’s preamble, 43 CFR chapter III is Reclamation Mitigation and relationship with other agencies having amended as set forth below. Conservation Commission, as reclamation mitigation authorities, 1. A new part 10005 is added to read established by section 301 of the Act. outlines the Commission’s planning and as follows: Interested parties refers to Federal decision process, and delineates and State agencies, Indian tribes, non- procedures for amending the PART 10005ÐPOLICIES AND profit organizations, county and Commission’s plan. PROCEDURES FOR DEVELOPING municipal governments, special AND IMPLEMENTING THE districts, and members of the general Timelines and Public Participation COMMISSION'S MITIGATION AND public with an interest in the By law the plan must be completed by CONSERVATION PLAN Commission’s plan and plan March 31, 1996. Allowing time for both Sec. development activities. technical analysis and appropriate 10005.1 Purpose. Other applicable Federal laws refers public participation, the plan will take 10005.2 Definitions. to all Federal acts and agency seven months to prepare. It is therefore 10005.3 Policy. regulations that have a bearing on how essential that the plan be initiated in 10005.4 Planning rule authority. the Commission conducts its business, September of 1995. The immediate 10005.5 Directives from the Act relating to with specific reference to the Fish and effect of the planning rule will be to the plan. Wildlife Coordination Act of 1934, as permit the Commission to announce a 10005.6 Responsibilities. amended (16 U.S.C. 661 et seq.); the 90 day period within which agencies 10005.7 Agency consultation and public National Environmental Policy Act of involvement. and members of the public may submit 10005.8 Mitigation obligations. 1969, as amended (42 U.S.C. 4321 et proposals for mitigation and 10005.9 Relationship of the plan to seq.); and the Endangered Species Act of conservation projects. These proposals congressional appropriations and 1973, as amended (16 U.S.C. 1531 et will be evaluated by the Commission Commission expenditures. seq.). Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations 49449

Plan and five-year plan refer to the administrative rules of the Commission Commission shall request in writing Commission’s mitigation and and has the authority accorded to such from the Federal and State fish, wildlife, conservation plan as required by section administrative rules, as described in the recreation, and water management 301 of the Act. Administrative Procedures Act. agencies, the appropriate Indian tribes, Planning rule refers to this part, and county and municipal entities, and which is a component of the § 10005.5 Directives from the Act relating the public, recommendations for to the plan. Commission’s administrative rules and objectives and measures to implement which provides guidance for the The basic directions for preparation of the mitigation and conservation projects development, and implementation, of the plan are contained in Section 301 of and features authorized in this Act or the Commission’s plan. the Act. Sections 304, 314, and 315 amendments thereto.’’ Section 8 funds refers to the section provide additional guidance. Provisions (f) Public involvement. Section of the Colorado River Storage Project that hold particular relevance are 301(g)(3)(C) directs the Commission to Act that provides for congressionally identified below. provide for appropriate public (a) Primary authority. Section authorized funds to be used in involvement in the review of 301(f)(1) directs that the mitigation and mitigating the effects of the Colorado Commission documents produced conservation funds available under the River Storage Project on fish, wildlife, subsequent to receiving Act are to be used to ‘‘conserve, and related recreation resources. recommendations. mitigate, and enhance fish, wildlife, and § 10005.3 Policy. recreation resources affected by the (g) Guidance on selecting measures. Section 301(g)(4) identifies the types of (a) As directed in section 301(a) of the development and operation of Federal measures that are to be included in the Act, the Commission was established reclamation projects in the State of plan, namely those that will— ‘‘to coordinate the implementation of Utah,’’ and, further, that these funds are (1) Restore, maintain, or enhance the the mitigation and conservation to be administered in accordance with biological productivity and diversity of provisions of this Act among the Federal ‘‘the mitigation and conservation natural ecosystems within the State and and State fish, wildlife, and recreation schedule in Section 315 of this Act, and have substantial potential for providing agencies. The United States Senate if in existence, the applicable five-year fish, wildlife, and recreation mitigation Committee on Energy and Natural plan.’’ Section 301 further clarifies that and conservation opportunities; Resources report accompanying the Act Commission expenditures ‘‘shall be in provided further clarification of addition to, not in lieu of, other (2) Be based on, and supported by, the Congressional intent: ‘‘Focusing of such expenditures authorized or required best available scientific knowledge; authority into a single entity is intended from other entities under other (3) Utilize, where equally effective to eliminate past dispersion among agreements or provisions of law.’’ alternative means of achieving the same several Federal and State resource (b) Reallocation of funds. Section sound biological or recreational management agencies of the 301(f)(2) provides for the reallocation of objectives exist, the alternative that will responsibility, and therefore Section 8 funds if the Commission also provide public benefits through accountability, for reclamation determines ‘‘after public involvement multiple resource uses; mitigation in Utah.’’ and agency consultation * * * that the (4) Complement the existing and (b) It is the policy of the Commission benefits to fish, wildlife, or recreation future activities of the Federal and State that the mitigation and conservation will be better served by allocating such fish, wildlife, and recreation agencies plan, in tandem with the Act, serve as funds in a different manner.’’ Such and appropriate Indian tribes; the principal guidance for the reallocation requires the approval of the (5) Utilize, when available, Commission in fulfilling its mitigation U.S. Fish and Wildlife Service if funds cooperative agreements and and conservation responsibilities. are to be reallocated from fish and partnerships with private landowners Further, the Commission will use the wildlife purposes to recreation and nonprofit conservation development of the plan, and purposes. The Commission’s authority organizations; and subsequent amendment processes, as to depart from the mitigation and (6) Be consistent with the legal rights the primary means to involve agencies conservation schedule specified in of appropriate Indian tribes. and the public in the Commission’s Section 315 of the Act is reiterated in (h) Definite plan report. Section 304 decision making process. Section 301(h)(1). directs that mitigation commitments (c) Funding priority. Section 301(f)(3) included in the 1988 draft Definite Plan § 10005.4 Planning rule authority. directs that the Commission ‘‘shall Report for the Bonneville Unit of the (a) The Commission is required to annually provide funding on a priority Central Utah Project (DPR) which have adopt administrative rules pursuant to basis for environmental mitigation not yet been completed are to be the Administrative Procedures Act. The measures adopted as a result of undertaken in accordance with that Commission adopts the rule in this part compliance with the National report and the schedule specified in pursuant to that authority and to Environmental Policy Act of 1969 for Section 315 of the Act, unless otherwise Section 301(g)(3) (A) and (C) of the Act, project features constructed pursuant to provided for in the Act. which provide for establishment of a titles II and III of this Act.’’ (i) Implementation schedule. Section rule to guide applicants in making (d) Plan adoption and content. 315 identifies mitigation and recommendations to the Commission, Section 301(g)(1) directs that the conservation projects to be implemented and to ensure appropriate public Commission adopt a plan ‘‘for carrying and provides a schedule and budget for involvement. out its duties’’ and that the plan ‘‘shall doing so. Details on select components (b) Adoption of the planning rule consist of the specific objectives and of Section 315 may be found in Sections constitutes a policy decision on the part measures the Commission intends to 302 through 313, excluding Section 304. of the Commission and, as such, administer * * * to implement the requires formal public notification and mitigation and conservation projects § 10005.6 Responsibilities. approval by the Commission according and features authorized in this Act.’’ Responsibilities concerning to established procedures. The planning (e) Recommendations. Section implementation of this planning rule are rule is a component of the 301(g)(3)(A) directs that ‘‘the assigned as follows: 49450 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations

(a) Commission. The Commission is process. The major opportunities are as also receive comments on the draft plan responsible for adopting this planning follows: at appropriate times during regularly rule, including the project evaluation (a) Planning rule development. The scheduled Commission meetings. The procedures contained herein. The initial opportunity for involvement Commission may, at its discretion, Commission is also responsible for occurs in the preparation of this convene one or more public meetings to formal adoption of the final plan and, planning rule, through providing discuss issues related to the draft plan. following this, approving, on a project written or oral comment to the (e) Final plan. The release of the final by project basis, of agreements to Commission prior to adoption. plan will be announced in the media implement the specific elements (b) Project recommendations. The and copies made available to the public. contained in the plan. next opportunity is in the preparation of As warranted, the Commission may (b) Executive Director and recommendations for projects to be hold one or more meetings to brief Commission staff. The Executive included in the Commission’s plan. The interested parties on the final plan. Director and Commission staff are Commission will make a formal (f) Amendments to the plan. The responsible for preparing planning announcement that it is soliciting opportunities for agency consultation documents, including preliminary recommendations for potential projects. and public involvement described above evaluation of projects, and for Interested parties will have ninety days will also be provided each time the consultation with agencies and other within which to respond. Commission Commission undertakes a interested parties regarding the various staff will, upon request and as dictated comprehensive revision of the plan. In aspects of the planning process, in by work load, provide guidance and addition, the Commission will give accordance with procedures set forth in other assistance in the preparation of appropriate public notice and grant an this planning rule. project recommendations. Interested opportunity to comment at such times parties are encouraged to work as the Commission is considering other, (c) Department of Interior Solicitor. cooperatively with others in the less comprehensive amendments. The Department of the Interior’s preparation of joint recommendations. Section 10005.21 provides additional Regional Solicitor acts as the agency’s Commission staff will facilitate this as information on how agencies and the attorney-advisor and is responsible for appropriate. Section 10005.18 provides public may become involved in the plan advising the Commission on legal additional direction on this. At the end amendment process. matters related to the planning rule, the of the ninety day period the plan, and the planning process as agreed Commission will make all § 10005.8 Mitigation obligations. upon between the Department and the recommendations received during that While the Act authorizes the Commission. time available for public review. These Commission to undertake a wide range (d) Secretary of the Interior’s will be available at the Commission of general planning and mitigation Representative to the Central Utah office during normal business hours. activities, it also specifies certain Project. The Secretary’s Representative Copies will also be provided to those projects or groups of projects that the is responsible for monitoring the plan, requesting them at a reasonable charge. Commission is to implement. The and activities undertaken as (c) Plan preparation. At the close of Commission considers these obligations components of the plan, with regard to the ninety day project solicitation from the Act to be integral components their consistency with the Act and their period, the Commission will proceed to of the mitigation and conservation plan compatibility with other activities prepare a draft plan. Several and of the planning process used to required by the Act. The Secretary’s opportunities for agency consultation develop this plan. From the perspective Representative is also responsible for and public involvement will be of the plan, two issues are germane. coordinating relevant activities of other provided during the preparation of the These are the extent to which these agencies within the Department of the plan. One or more public briefings will obligations must take priority over other Interior and for coordinating the process be held during this period. Briefings projects, either in terms of funding or by which Congressionally appropriated will be announced in appropriate local sequencing and the extent to which funds are made available for and regional media. Work sessions may there is flexibility in the specific actions Commission mitigation and also be held, sponsored either by the to be taken in fulfillment of these conservation activities. Commission or jointly with other obligations. Through this planning rule (e) Interested parties. Federal and interested parties, to discuss individual and other means the Commission will State resource agencies, Indian tribes, projects or other topics of general ensure that interested parties are made and other interests are, should they interest. Interested parties may also aware of the implications of these choose to become involved, responsible request meetings with Commission staff obligations in order that they might use for providing meaningful to discuss specific projects or issues. this information when participating in recommendations regarding potential The availability of staff for such the development and implementation of projects, for coordinating the meetings will be dictated by work load. the plan. development of these recommendations During this time, interested parties may (a) Description of mitigation with other appropriate agencies and also attend, and participate in, obligations. Obligations principally organizations, and, as applicable, for Commission meetings where the various derive from three portions of the Act: participation in implementation of aspects of the plan are discussed. Title II, section 304, and section 315. projects. Written comments will also be accepted Following is a description of the during the plan preparation period. obligations contained in each. § 10005.7 Agency consultation and public (d) Review of draft plan. Following (1) Title II. Title II authorizes funding involvement. release of the draft plan, interested and provides guidance for completion of The Commission considers agency parties will be given thirty days within certain features of the Central Utah consultation and public involvement to which to provide formal written Project. It also provides for Commission be central components of the planning comments. During this time, interested involvement in several specific process. Interested parties will be given parties may request meetings with activities relating to Central Utah Project the opportunity to become involved at Commission staff to discuss aspects of mitigation, including funding for several stages in the plan development, the draft plan. The Commission will specific Section 8 mitigation activities. Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations 49451

In the future, additional Title II features (2) Absent the plan, the Commission evaluation to the extent possible. The will be implemented. These will be will rely on Title II, Section 304, and only exception will be when the subject to environmental review through Section 315 as the principal guidance in Commission proposes to substitute an NEPA or other applicable Federal laws authorizing projects. Once adopted, the equivalent mitigation measure that and will, in many instances, be coupled plan will become the principal form of meets with the approval of applicable with mitigation measures. Section guidance. In selecting projects for the Federal, State, or Tribal fish and 301(f)(3) of the Act directs that priority plan, mitigation measures referenced in wildlife agencies, the Secretary of the be given for funding of mitigation Title II, Section 304, and Section 315 Interior, and other affected parties. measures that are associated with will be given priority consideration. (6) In order to assist agencies and Central Utah Project features identified They will, however, be subjected to the other interested parties in in either Title II or III of the Act that same analysis as other proposed understanding the scope of the have been, or will be, authorized projects. Should these projects be found obligations contained in Title II, Section through compliance with NEPA. to not meet the Commission’s standards 304, and Section 315, and others that (2) Section 304. This section directs for project approval, they will be may arise in the future, the Commission that mitigation and conservation rejected. Title II, Section 304, and will, at the time it invites projects contained in the DPR be Section 315 projects that meet recommendations on measures to be completed and that this be Commission standards will only be included in the plan, prepare and accomplished in accordance with the superseded in the plan if it can be distribute a list of projects that the DPR and the schedule specified in demonstrated that the contributions to Commission considers to be obligations section 315 of the Act. Several elements be made by other projects proposed as defined in this section. of the DPR have been either completed through the project solicitation process or initiated. significantly outweigh those of the § 10005.9 Relationship of the plan to (3) Section 315. This section identifies aforementioned Title II, Section 304, congressional appropriations and several mitigation and conservation and/or Section 315 projects. Commission expenditures. projects that are to be implemented to (3) Regardless, the Commission will enhance fish, wildlife, and recreation retain flexibility regarding how Title II, (a) The plan itself does not constitute resources. It also identifies the funds Section 304, and Section 315 projects a commitment of resources for any given that are to be authorized for each will be implemented. Interested parties project. The commitment to expend project. Initial phases of selected section may, if they choose, propose resources is dependent upon 315 projects have already received modifications or enhancements to these Congressional appropriation, and, Commission funding approval. projects through the normal project following this, Commission approval of Additional section 315 projects have solicitation process. The Commission specific projects. undergone substantial review and will pay particular attention to (b) The Commission will rely on the detailed implementation plans have, in proposals that will accomplish Title II, plan as the primary source of some cases, been prepared. Section 304, or Section 315 measures at information for the development of the (b) Commission policy on fulfilling lower cost, thereby freeing up funds for agency’s annual budget. For each fiscal obligations. As referenced in § 10005.5, heretofore unidentified projects. year, projects identified in the plan will Section 301(f)(1) and (2) of the Act (4) The Commission is aware that be arranged into a series of programs provides for re-programming of Section future NEPA procedures related to the based on project type or ecological and 8 funds to other projects in accordance development of Title II features may geographical associations. These with the plan and/or following result in the identification of additional programs will serve as the basis for the appropriate public involvement and impacts and mitigation measures. The agency’s budget request. agency consultation, and provided ‘‘that Commission considers implementation (c) Once the budget request is the benefits to fish, wildlife, or of measures that result from a formal formulated and submitted to the recreation will be better served’’ by NEPA procedure to be non- Congress, the request may be altered or doing so. The Commission interprets discretionary. The Commission reformulated by the Congress before the this as giving the Commission broad recognizes a commitment to implement appropriation statute is finally discretion to determine, with such measures as are within its approved. The appropriation statute appropriate agency consultation and authority. Further, in accordance with will then control the implementation of public involvement, whether to Section 301(f)(3), the Commission is the plan. In light of the controlling implement projects delineated in the committed to giving these measures nature of the appropriation statute over above stated sections and, should the high priority. In order to ensure that the implementation of the plan, the plan Commission choose to implement these, such measures are consistent with the must maintain sufficient flexibility to the form that this implementation will Commission’s overall program, and can take. be implemented within budget, the allow adjustments to comply with (1) This notwithstanding, the Commission will take an active role in appropriations. The amendment process Commission recognizes that the projects NEPA procedures that are likely to described in § 10005.21 provides the referenced in Title II, Section 304, and result in significant mitigation mechanism for modifying the plan to Section 315 have, in most cases, obligations for the Commission. correspond to changes in Congressional undergone considerable planning as (5) If the Commission chooses not to appropriations. Changes to the annual well as agency and public scrutiny. implement a mitigation measure or, for project portfolio will, in most instances, Their inclusion in the Act represents a any reason be unable to implement a constitute a ‘‘substantive’’ amendment consensus among Federal and state measure resulting from NEPA as described in § 10005.21. agencies, water developers, and the procedures, the Commission will (d) Once appropriations have been national and state environmental conduct, or cause to have conducted, a approved by the Congress, the plan will communities that these mitigation supplemental environmental evaluation serve as the principal guidance to the measures have merit. Further, NEPA to determine suitable alternative Commission in entering into agreements proceedings have, in some instances, mitigation measures. The Commission and approving the expenditure of funds been completed. will implement the findings of that for specific projects. 49452 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations

§ 10005.10 Relationship of the plan to the between the tribes and the United States aspects of the Act to ensure that these authorities and responsibilities of other Government. The State of Utah owns activities, including mitigation agencies. and manages state parks, wildlife activities, are in accordance with Within Utah, several federal agencies, management areas, and public trust applicable law and that Federal funds state agencies, and tribal governments lands. The Commission recognizes the are used appropriately. The Secretary’s have authorities and responsibilities importance of federal, tribal, and state Representative also coordinates related to the management of fish and lands to fish, wildlife, and recreation activities among Department of the wildlife resources, through management and will entertain proposals for Interior agencies involved with the of the resource itself, through mitigation and conservation activities Central Utah Project. The Commission is management of the land and water upon involving these lands when the a Federal Commission within the which fish and wildlife depend, or, in following conditions are met: executive branch of government and its the case of Federal reclamation projects, (1) The managing agency concurs activities are subject to the direct through involvement in mitigation with the proposed action, oversight of Congress. While essentially activities. The Act specifically (2) All appropriate legal procedures independent of the Secretary of the recognizes the authority of other Federal have been followed, and Interior, the Commission nevertheless and State agencies to take actions in (3) The land management agency is has a vital relationship with the accordance with other applicable laws. willing to assume long-term Department via both the budget process The guidance for this is provided by responsibility for operation and and the similarity in missions. The Section 301(a)(2), which states that maintenance of mitigation and Secretary’s Representative serves as the ‘‘Nothing herein is intended to limit or conservation features and to refrain principal link between the Commission restrict the authorities of Federal, State, from management activities that may and the Department of the Interior and or local governments, or political negate or significantly diminish the is responsible for transmitting subdivisions thereof, to plan, develop, effects of the project on fish, wildlife, or Congressional appropriations to fund or implement mitigation, conservation, recreation. the Commission’s mitigation, or enhancement of fish, wildlife, or (b) Agencies with Federal reclamation conservation, and administrative recreation resources in the State in project mitigation responsibilities and/ activities. For purposes of plan accordance with applicable provisions or authorities. Several agencies also development and implementation, the of Federal or State law.’’ In preparing have direct authorities and following will guide the Commission’s and implementing its plan, it is the responsibilities relating to mitigation for relationship to the Secretary’s Commission’s intent to form a the effects of Federal reclamation Representative: cooperative partnership with other projects in Utah. These include the (i) The Commission acknowledges the agencies having fish, wildlife, and Department of the Interior Central Utah authority of the Secretary in overseeing recreation responsibilities and Project Office, the Bureau of implementation of the Act and authorities, both recognizing and relying Reclamation, the Central Utah Water recognizes that the Secretary’s upon their authorities. The Commission Conservancy District, the Fish and Representative plays an essential role in recognizes that these agencies may have Wildlife Service, and the Utah Division ensuring the compatibility of mitigation specific legal obligations to take actions of Wildlife Resources. The remainder of and conservation measures with the to maintain or restore fish, wildlife, or this section summarizes the authorities overall Central Utah Project. The recreation resources that are and responsibilities of these agencies Commission is committed to a strong independent of Commission mandates. with regards to Federal reclamation and productive partnership with the While the Commission will, as projects, with emphasis on the Secretary’s Representative in fulfilling appropriate, authorize the use of funds Commission’s relationship to these the Commission’s mitigation and to complement the resource protection agencies. This section does not identify conservation responsibilities. and restoration activities of these or describe all of the potential (ii) The Commission will maintain agencies, Commission involvement relationships between the Commission close communication with the should not be viewed as a replacement and other agencies with Federal Secretary’s Representative regarding the for funding or other actions that are reclamation project mitigation relationship between the plan and rightfully the responsibility of another obligations. As appropriate, the Congressional appropriations. The agency. Commission may enter into formal Commission will provide the Secretary’s (a) Agencies with land management agreements with any or all of the above Representative with both long range and authority. The Commission recognizes agencies in order to provide additional annual funding proposals and otherwise that the Federal government, the State of detail regarding the relationship or to assist in preparing the Commission’s Utah, and applicable Indian tribes each assign specific program or project budget requests to Congress. own and/or manage lands that are responsibilities. The arrangements that (iii) The Commission and the important to fish and wildlife resources are described in this section may also be Secretary’s Representative will and provide significant outdoor modified through interagency independently and cooperatively recreation opportunities. At the Federal agreement. monitor the plan in terms of meeting level, the Forest Service manages (1) Secretary of the Interior’s Section 8 mitigation obligations as National Forest System lands, the Fish Representative to the Central Utah directed by the Act. and Wildlife Service manages national Project. As required by Section 201(e) of (iv) The Commission will actively wildlife refuges, the National Park the Act, the Secretary of the Interior is involve the Secretary’s Representative Service manages national parks, ultimately responsible for carrying out in the Commission’s NEPA related monuments, and recreation areas, the all responsibilities specifically activities, including the identification of Bureau of Reclamation manages identified in the Act. The Secretary’s appropriate roles for the Secretary’s reservoirs and lands adjoining those Representative serves as the Secretary’s Representative and Department of the reservoirs, and the Bureau of Land official representative to the Central Interior agencies in the preparation and Management manages other public Utah Project. The Secretary’s review of NEPA documents. lands. Indian tribes own and manage Representative monitors activities (v) The Commission will, as lands in accordance with treaties undertaken in fulfillment of the various appropriate, involve the Secretary’s Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations 49453

Representative in coordinating CRSP authorization specified in Section of the Central Utah Project. NEPA Commission mitigation and 201(a) of the Act, the Commission has compliance regarding many of these conservation activities with the Bureau the primary authority and responsibility features has resulted in the of Indian Affairs and with individual for all mitigation projects involving use identification of several measures that Indian tribes. of Section 8 funds for the Bonneville are to be undertaken as mitigation for (vi) The Commission will utilize the Unit and for alternative formulations of the Central Utah Project’s impacts to Secretary’s Representative as its the Uintah and Upalco units of the fish, wildlife, and/or recreation. NEPA principal contact for matters regarding Central Utah Project, and all mitigation compliance for future project features is the Department of the Interior and, projects identified in Section 315 of the likely to identify additional fish, when appropriate, will seek assistance Act, or as modified in the plan. wildlife, and recreation mitigation and from the Secretary’s Representative in (iii) The Bureau retains the conservation measures. The Act directs coordinating activities involving responsibility and primary authority to that the Commission give funding agencies within the Department, undertake fish, wildlife, and recreation priority to measures that result from especially when activities involve mitigation and conservation activities applicable NEPA procedures. The Act several agencies. The Commission will, for Federal reclamation projects in Utah does not, however, specify what role the as appropriate, involve the Secretary’s other than those as described in Commission is to have in determining, Representative in resolving differences paragraph (b)(2)(ii) of this section or planning for, these measures. For that might arise among the various wherein the Bureau acts at the direction purposes of plan development and agencies within the Department with of the Commission. The Commission implementation, the following will regard to the Commission’s plan, or the also has the authority to undertake guide the Commission’s relationship to implementation of any measure selective fish, wildlife, and recreation the District: contained in the plan. This provision mitigation and conservation activities (i) The Commission is committed to does not alter the direct working concerning these same projects, as maintaining a strong and productive relationships that the Commission authorized in Section 315 of the Act or partnership with the District in order to maintains with the U.S. Fish and in the plan. The Commission will adequately plan for and implement Wildlife Service, the Bureau of actively consult with the Bureau with mitigation measures associated with the Reclamation, the Bureau of Land regard to potential mitigation or Central Utah Project. Management, and other applicable enhancement activities in those areas in (ii) The Commission recognizes that agencies. order to ensure that Bureau and the District and the Commission have (2) U.S.D.I. Bureau of Reclamation. Commission mitigation activities are complementary responsibilities for fish, Prior to the Act, the Bureau of coordinated. wildlife, and recreation mitigation Reclamation (Bureau) had the (iv) The Bureau retains responsibility regarding the Central Utah Project. The responsibility for implementing for implementation of fish, wildlife, and District retains the overall responsibility mitigation measures associated with recreation mitigation measures for planning for mitigation activities Federal reclamation projects within the associated with Federal reclamation associated with its completion of the State of Utah. Section 301(a)(1) of the projects in Utah that were initiated prior Central Utah Project. The Commission Act granted authority to the to the establishment of the Act where has the responsibility for ensuring that Commission ‘‘to coordinate the that responsibility has not specifically mitigation measures meet with the implementation of the mitigation and been transferred to the Commission, a intent of the Act with regard to conservation provisions of this Act.’’ water district, or other entity. protection and restoration of fish, Section 301(n) further transferred from (v) The Bureau retains responsibility wildlife, and recreation resources and the Bureau to the Commission ‘‘the for operation, maintenance, and for approving and implementing responsibility for implementing Section replacement of facilities related to fish, mitigation and conservation measures. 8 funds for mitigation and conservation wildlife, and recreation mitigation Accordingly, the Commission will projects and features authorized in this measures undertaken by the Bureau monitor District mitigation and Act.’’ While the Act therefore clearly where that responsibility has not conservation planning activities and transfers mitigation responsibilities specifically been transferred to the provide such assistance as is mutually concerning the Bonneville Unit of the Commission, a water district, or other agreed upon. Central Utah Project from the Bureau to entity. (iii) The Commission will actively the Commission, it does not alter the (vi) The Bureau retains responsibility monitor or, as appropriate, participate Bureau’s mitigation responsibilities for mitigating future impacts to fish, in NEPA procedures undertaken by the with respect to other components of the wildlife, and recreation caused by District that may result in the Colorado River Storage Project or other operation, maintenance, and identification of mitigation and Federal reclamation projects in Utah. replacement of water resource conservation measures that, if For purposes of plan development and development facilities where that implemented, would require implementation, the following will responsibility has not specifically been Commission funding or may affect other guide the Commission’s relationship to transferred to the Commission, a water mitigation activities of interest to the the Bureau: district, or other entity. Commission. For NEPA procedures that (i) The Commission recognizes that (vii) The Commission has no are likely to result in significant the Bureau and the Commission share responsibility or authority for mitigation Commission obligations, the fish, wildlife, and recreation mitigation or replacement measures associated Commission may request ‘‘joint lead responsibilities associated with Federal with Federal reclamation projects in agency’’ status with the District. In such reclamation projects within the State of Utah that are not related to fish, instances the specific involvement of Utah and is committed to maintaining a wildlife, and recreation. the Commission in the preparation of strong and productive partnership with (3) Central Utah Water Conservancy NEPA documentation will be the Bureau in this regard. District. The Central Utah Water determined through agreement with the (ii) Except for those features that the Conservancy District (District) is District. Secretary has assigned to others in responsible for construction, operation, (iv) The District retains responsibility allocating the $214,352,000 increase in and management of the various features for mitigating future impacts to fish, 49454 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations wildlife, and recreation caused by the threatened species. Participating in, and and provide this to the Service. The operation, maintenance, and being consistent with, recovery plans is Commission recognizes that the Service replacement of its water resource a fundamental component of this has a responsibility to forward its development facilities, unless that obligation. Section 7(a)(2) of the ESA FWCA reports to the Secretary responsibility has been specifically requires that, prior to taking any action regardless of the resolution of issues transferred to the Commission or other that may affect a listed species, a contained in the reports. The entity. Federal agency must consult with the Commission recognizes that several (v) The District retains responsibility Service to ensure that the action will not projects contained in Title II, Section for operation, maintenance, and, where jeopardize the continued existence of 304, and Section 315 have previously necessary, replacement of fish, wildlife, the species or adversely modify critical been subjected to Service evaluation and recreation mitigation features habitat. The Migratory Bird Treaty Act pursuant to FWCA. Prior to reallocating managed by the District, unless that (MBTA) establishes a Federal role in funds authorized for these projects, the responsibility has been specifically protecting bird species that generally Commission will formally consult with transferred to the Commission or other migrate across national boundaries. In the Service regarding the relative entity. Utah, these include most indigenous adequacy of proposed new projects, or (4) U.S. Fish and Wildlife Service. The bird species. The MBTA is not intended significant modifications to Title II, U.S. Fish and Wildlife Service (Service) as a substitute for state wildlife Section 304, or Section 315 projects, in has mandated responsibility to management authority but rather as a mitigating for impacts to fish and implement several acts relevant to the complement. The Service is responsible wildlife resources. Commission’s activities. In Section for implementing many of the features (iii) The Commission will comply 301(b)(3), the Act specifically references of the MBTA, and for encouraging states with applicable provisions of the ESA a Commission obligation to comply with to undertake actions to protect and, accordingly, will consult with the the Fish and Wildlife Coordination Act migratory bird species. The Bald Eagle Service regarding activities that may (FWCA) and the Endangered Species Protection Act prohibits the taking or affect a listed or candidate species, Act (ESA). Other acts administered by possession of either bald or golden regardless whether the effect is the Service and relevant to Commission eagles, both of which commonly inhabit beneficial or adverse. In addition, the activities include, but are not areas near Utah’s rivers and wetlands. Commission will endeavor to undertake necessarily limited to, the Migratory For purposes of plan development and mitigation and conservation projects Bird Treaty Act (16 U.S.C. 703 et seq.) implementation, the following will that are consistent with an adopted and the Bald Eagle Protection Act (16 guide the Commission’s relationship to recovery plan for a listed species and U.S.C. 668–668d). The FWCA directs the Service: that aid in the protection of candidate that the Service, and the state fish and (i) The Commission acknowledges the species. wildlife agency, must be consulted biological expertise of the Service with (iv) The Commission will, in where the ‘‘waters of any stream or regard to Federal reclamation projects accordance with the Act, formally seek other body of water are proposed or and other Commission activities relating the Service’s approval prior to authorized to be impounded, diverted to the protection and restoration of fish reallocating funds from a project whose ** * or otherwise controlled or and wildlife resources and will seek to primary objectives are the protection modified * * * by any department or utilize this expertise to the fullest and/or restoration of fish and wildlife agency of the United States, or by any extent. The Commission further resources to a project whose objectives public or private agency under Federal recognizes the similarity in agency are primarily related to recreation. No permit or license. * * *’’ The purpose missions with regard to fish and wildlife such funds will be reallocated unless of this consultation is to provide for mitigation and conservation and is this meets with the approval of the ‘‘the conservation of wildlife resources committed to a strong and productive Service. by preventing loss of and damage to partnership with the Service in this (v) The Commission anticipates that such resources.’’ The FWCA provides regard. the Service will be an active participant the major mechanism for Service (ii) The Commission acknowledges in the planning for, and involvement in the Federal reclamation the Service’s mandated responsibility implementation, of mitigation and project decision process. The Service’s with regard to Federal reclamation conservation projects undertaken most important role in Federal projects and will specifically consult pursuant to the Commission’s plan. reclamation projects is in the with the Service regarding activities that (vi) The Commission will invite the development and later the monitoring of are subject to the FWCA. These include Service to participate in NEPA activities fish and wildlife mitigation measures. both projects directly related to undertaken or funded by the The Service is also responsible for mitigation for Federal water resource Commission that bear on fish and/or reporting to the Secretary of the Interior projects and applicable fish, wildlife, wildlife resources. The form that this on the status of mitigation programs. and recreation conservation projects. In participation will take will be The Fish and Wildlife Coordination Act developing its plan and adopting determined on a case-by-case basis and provides for the funding of Service specific projects, the Commission will will require agreement on the part of FWCA consultation by the agency give significant weight to the Service’s both agencies. sponsoring the proposed activity. The recommendations. Should the (5) Utah Division of Wildlife Service’s ESA responsibilities that are Commission choose to not follow Resources. As is the case with other most relevant to Commission activities Service recommendations, it will seek states, the State of Utah has the include listing of new species, resolution through active consultation exclusive jurisdiction over non- preparation and implementation of with the Service. As appropriate, the migratory fish and wildlife and shared recovery plans and consultations Utah Division of Wildlife Resources will jurisdiction (with the U.S. Fish and regarding adverse effects on listed be asked to be involved in these Wildlife Service) over all migratory species. Section 7(a)(1) of the consultations as that agency also has co- birds and Federally listed threatened Endangered Species Act authorizes responsibilities under the FWCA. and endangered fish and wildlife within Federal agencies to carry out programs Should no agreement be reached, the the state. The applicable state law is for the conservation of endangered and Commission will document its decision Utah Code, Section 23–15–2, which Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations 49455 states that ‘‘All wildlife within the state, However, the Commission recognizes is committed to full and active including but not limited to wildlife on that the UDWR has the right to prepare compliance with these laws as well as public or private lands or in public or recommendations independent of the applicable State environmental law. private waters within the state, shall fall Service should it so desire. The (b) The Commission’s NEPA within the jurisdiction of the Division of Commission will, in making its procedures are addressed in a different Wildlife Resources.’’ The Utah Division decisions, give significant weight to chapter of the agency’s administrative of Wildlife Resources (UDWR) has recommendations made by the UDWR. rules. Because the plan is subject to authorities and responsibilities at the Should the Commission choose to not alteration or amendment under a state level similar to those of the U.S. follow the UDWR’s recommendations, it number of circumstances, the plan does Fish and Wildlife Service at the Federal will seek to resolve outstanding issues not constitute an irretrievable level, and, like the Service, has through active consultation with the commitment of resources and thus is mandated authorities under the Federal UDWR. As appropriate, the Service will not subject to NEPA. Projects Fish and Wildlife Coordination Act that be asked to be involved in these preliminarily selected for funding by the relate directly to Federal Reclamation consultations. Should no agreement be Commission will, however, be subject to project mitigation. These authorities are reached, the Commission will document formal NEPA review. The Commission described in paragraph (b)(4) of this its decision and provide this to the recognizes that these procedures may section. In addition, the Act provides for UDWR. The Commission recognizes that affect both project budgets and the UDWR to assume primary several mitigation projects contained in scheduling and will therefore give responsibility for implementing Title II, Section 304, and Section 315 specific consideration to this when measures associated with the Act after have previously been subjected to the preparing the plan. As described in the Commission expires. In addition to UDWR evaluation pursuant to FWCA. § 10005.16 the plan will identify, at a the UDWR’s responsibilities and As is the case with the Service, the reconnaissance level, the need for authorities discussed above, the State of Commission will specifically consult individual projects to comply with Utah also has jurisdiction over other with the UDWR prior to significantly NEPA and other Federal and State activities that are relevant to the modifying or reallocating funds away environmental laws and the Commission’s plan, including the from these projects. opportunities available for consolidating granting of water rights and, except on (iv) The Commission will specifically NEPA review into programmatic or Federal and tribal lands, management of consult with the UDWR regarding any watershed-wide analysis as appropriate. land use. For purposes of plan project that might have an affect on species identified by the UDWR as § 10005.12 Policy regarding the scope of development and implementation, the measures to be included in the plan. following will guide the Commission’s wildlife species of special concern and relationship to the UDWR: species listed by the UDWR Natural The terms ‘‘mitigation’’ and (i) The Commission acknowledges the Heritage Program as G1 and G2 plant ‘‘conservation’’ are used repeatedly biological expertise of the UDWR with and animal species. throughout the Act and committee regard to Federal reclamation projects (v) The Commission anticipates that reports accompanying the Act. The and other Commission activities relating the UDWR will be an active participant importance of these terms is to the protection and restoration of fish in the planning for, and exemplified by the fact that Congress and wildlife resources and will seek to implementation, of mitigation and saw fit to include them in the official utilize this expertise to the fullest extent conservation projects undertaken name of the Commission. The practicable. The Commission further pursuant to the Commission’s plan. Commission interprets the term recognizes the similarity in agency (vi) The Commission will invite the ‘‘mitigation’’ to mean activities missions with regard to fish and wildlife UDWR to participate in NEPA activities undertaken to avoid or lessen mitigation and conservation and is undertaken or funded by the environmental impacts associated with committed to a strong and productive Commission that bear on fish and/or a Federal reclamation project or, should partnership with the UDWR in this wildlife resources. The form that this impact occur, to protect, restore, or regard. participation will take will be enhance fish, wildlife, and recreation (ii) The Commission acknowledges determined on a case-by-case basis and resources adversely affected by the the UDWR’s authority over the will require agreement on the part of project. Mitigation at the site of the management of fish and wildlife within both agencies. impact typically involves restoration or the State and will take no action that is replacement. Off-site mitigation might inconsistent with this authority. § 10005.11 Environmental compliance. involve protection, restoration, or (iii) The Commission acknowledges (a) Section 301(c)(3) establishes that enhancement of a similar resource value that the UDWR has a mandated the Commission is to be considered a at a different location. Mitigation may authority regarding the planning and Federal agency ‘‘for purposes of also involve substituting one resource monitoring of Federal reclamation compliance with the requirements of all feature for another. In meeting its mitigation. As is the case with the Federal fish, wildlife, recreation, and mitigation responsibilities, the Service, the Commission will formally environmental laws, including (but not Commission sees an obligation to give consult with the UDWR regarding limited to) the Fish and Wildlife priority to protection and restoration projects that are subject to the FWCA. Coordination Act, the National activities that are within the same These include both projects directly Environmental Policy Act of 1969 watershed as the original impact and related to mitigation for Federal (NEPA), and the Endangered Species that address the same fish, wildlife, or reclamation projects and applicable fish Act of 1973.’’ While not specifically recreation resource that was originally and wildlife conservation projects not referenced in that section, the Federal affected. The Commission’s directly related to any Federal Water Pollution Control Act (Clean ‘‘conservation’’ authority allows it to reclamation project. Consultation will Water Act) (33 U.S.C. 1251 et seq.) also invest in the conservation of fish, be in accordance with procedures contains environmental compliance wildlife, and recreation resources defined in the FWCA. It is anticipated provisions that are directly relevant to generally, and not directly associated that this consultation will be conducted the Commission’s mitigation and with any Federal reclamation project. in conjunction with the Service. conservation activities. The Commission Conservation projects may, therefore, be 49456 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations considered for any area of the state, (2) Address fish, wildlife, and This list or map may be revised from regardless of the presence of a recreation resources affected by the time to time as circumstances change. reclamation project. Nothing in this development of other features of the section is meant to restrict consideration Colorado River Storage Project in Utah, § 10005.14 Resource features applicable to the plan. of conservation projects directly or associated with a Federal reclamation (3) Address fish, wildlife, and In accordance with the Act, projects project. The Commission recognizes recreation resources affected by the selected for funding must make that, with limited resources, it is not development of other Federal substantial contributions to fish, possible to address the entire range of reclamation projects in Utah. wildlife and/or recreation resources. fish, wildlife, and recreation needs (c) Specific objectives for five-year Biological projects may focus on the throughout the State. Indeed, addressing plans. Each five-year plan will contain protection or restoration of an only the most critical issues will require a set of specific objectives derived from individual species, a group of inter- prudent and judicious planning and use the above elements. Objectives will be related species, or the habitats upon of resources. This section defines the based on the Commission’s which these species depend. Projects areas where the Commission intends to determinations of the issues and that target sensitive plant species may focus its attention over the long-term resources that are in most need of also be included in the plan, and, in so doing, provides guidance for attention, and the potential for making particularly if they contribute to the the development of the Commission’s a substantial contribution to fish, overall health of the ecosystem. mitigation and conservation plan. By wildlife, and recreation resources. Recreation projects should be targeted at defining priorities, the Commission Objectives may include the targeting of increasing the quality of and/or access narrows the options of applicants in certain watersheds and/or basins for to outdoor recreation opportunities that making recommendations for potential priority attention based on these same rely on the natural environment or at projects, and of the Commission itself in two factors. providing opportunities that have been selecting measures to be incorporated reduced through Federal reclamation § 10005.13 Geographic and ecological projects. Following is a representative into the plan. context for the plan. (a) Priority resources. The list of the types of resources that In accordance with the Act, the Commission’s intent is to focus projects may target, along with Commission has the authority to expenditures and activities on those examples of possible activities that implement projects throughout the State areas and resources where the might be undertaken for each. The of Utah. The Commission believes that, following list is not intended to limit Commission believes that it can, to be effective, the plan must be consistent with its mandate, have the the scope of projects that may qualify prepared, and evaluated, from a state- for inclusion in the Commission’s plan: greatest positive impact. Accordingly, it wide perspective and that, within the is the policy of the Commission that (a) Fish and Wildlife Production, state, an ecosystem-based approach is including: projects selected for the plan must appropriate. There is no one correct way accomplish one or more of the (1) Enhancement of natural to define an ecosystem or to approach production, following: ecosystem planning. The Commission (1) Protect and/or restore aquatic (2) Restoration of indigenous species, concludes that, for its planning systems that provide essential habitat (3) Scientific studies, purposes, the watershed provides the for fish and wildlife, (4) Development of new or upgraded (2) Protect and/or restore wetland and appropriate geographic and ecological culture facilities. riparian systems that provide essential reference within which to evaluate (b) Plant Propagation, including: habitat for fish and wildlife, proposed projects and otherwise plan its (1) Protection of critical habitat for (3) Protect and/or restore upland areas activities. In delineating watersheds, the sensitive species or communities, that contribute to important terrestrial Commission will be consistent with the (2) Reintroduction of native plants in ecosystems and/or support aquatic best ecological and hydrological science conjunction with habitat restoration systems, and, to the extent possible, with the projects, (4) Provide outdoor recreation ecological and hydrological units (3) Vegetation manipulation to opportunities that are dependent on the currently used by the State of Utah, the achieve desired ecological conditions. natural environment and that support U.S. Fish and Wildlife Service, and (c) Stream Habitat, including: (1) Protection or enhancement of the conservation of aquatic systems, other applicable Federal agencies. The instream flow, and/or Commission recognizes that mitigation (5) Address fish, wildlife, or and conservation projects may vary in (2) Restoration of natural flow recreation resources from a statewide scale and that, therefore, one standard regimes, set of watersheds is not necessarily (3) Improvement to water quality, context in order to provide essential (4) Restoration of natural channel, information on aquatic systems or to appropriate for all projects. For example, a more localized project may bank, and riparian conditions, assist in the establishment of statewide (5) Restoration of natural instream best be analyzed from a ‘‘watershed programs for fish, wildlife, or recreation and bank cover conditions. within a watershed’’ perspective. conservation. (d) Lake Habitat, including: (b) Priority projects. In recognition of Alternatively, a large-scaled project may (1) Stabilization of water level, its responsibility to mitigate for Federal need to be visualized from the (2) Water quality protection or reclamation projects, the Commission perspective of a major river basin improvement, will give special consideration to consisting of several watersheds. The (3) Restoration of natural lakebed projects that: Commission will prepare, and have conditions, (1) Address fish, wildlife, and available for public use, a list or map (4) Riparian area maintenance, recreation resources affected by the that identifies major basins, watersheds, (5) Outlet flow maintenance. development of the Central Utah and, where appropriate, hydrologic (e) Wetlands Habitat, including: Project, including projects authorized in units within watersheds, that the (1) Protection of existing wetlands, Title II, section 304, or section 315 of Commission will use to organize its (2) Restoration of drained or the Act, as described in § 10005.8, mitigation and conservation activities. otherwise degraded wetlands, Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations 49457

(3) Enhancement of wetland habitat. (g) Applied research that targets and other interested parties. An (f) Upland Habitat, including: specific biological information or appropriate announcement will also be (1) Protection or restoration of management needs. made in the Federal Register. Those migration corridors, (h) Development of educational choosing to participate will have 90 (2) Re-connection of fragmented materials and programs aimed at days to submit project proposals. The habitats, increasing public enjoyment and project solicitation process is discussed (3) Protection of critical habitats, awareness of fish and wildlife resources in detail in § 10005.18. (4) Habitat condition improvement. and the ecosystems upon which they (b) The Commission will compile all (g) Outdoor Recreation, including: depend. recommendations and make these available for public review at the (1) Establishment of fishing and § 10005.16 Plan content. boating access, Commission’s office. The Commission (a) Minimum requirements. At a (2) Establishment of greenways and will also provide copies upon request minimum, the plan will include: low impact trails, for a reasonable cost. (1) A summary of basic information (3) Providing opportunities for (c) The Commission will evaluate from the planning rule, including each project proposal according to the wildlife related recreation, including project evaluation procedures and plan hunting and observation, decision factors, standards, and amendment procedures, evaluation procedures described in (4) Providing opportunities for (2) The identification of measurable § 10005.19 and prepare a preliminary passive recreation and sightseeing, objectives for the term of the plan, list of priority projects. (5) Stocking waters with fish (where (3) A list, and description, of the (d) One or more public meetings will not incompatible with biological projects selected for implementation be scheduled in which Commission staff objectives), during the term of the plan—with will present the Commission’s analysis (6) Education and interpretation particular emphasis on projects to be and preliminary conclusions. related to fish, wildlife, and their implemented early in the planning (e) The Commission will prepare a habitats. cycle, final list of projects proposed for § 10005.15 Planning and management (4) A description of the relationship implementation during the term of the techniques applicable to the plan. between the projects to be included in plan. the plan and the Commission’s (f) A draft plan will be prepared, The Commission recognizes that there mitigation obligations, approved by the Commission, and are a wide range of techniques that may (5) A preliminary determination released for public review. Availability be employed to protect or restore regarding environmental review of the document will be announced in natural resources. The Commission will requirements for each project, the Federal Register. The public will be consider projects that make use of (6) A preliminary determination of given a minimum of thirty days to techniques that either have previously management and operation review the draft and submit written been proven to be effective at meeting requirements and how these will be comments. stated objectives or represent new and met, (g) The Commission will make innovative approaches that hold (7) A budget, both for the next fiscal necessary revisions and formally adopt promise for being effective and year and for the entire five-year period, a final version of the plan. Completion establishing positive precedents for (8) A project phasing plan spanning of the plan will be announced in the future activities. Following is a the term of the plan, and Federal Register. The Act requires that representative list of techniques that the (9) A strategy for monitoring progress the initial final plan be completed by Commission may choose to fund. This and evaluating accomplishments, and March 31, 1996 and be revised at least list is not exhaustive. Other appropriate (b) Potential additions. At the every five years thereafter. techniques may exist or be developed in Commission’s discretion, the plan may the future. also include: § 10005.18 Project solicitation procedures. (a) Acquisition of property (land or (1) A discussion of the relationship of As provided for in Section 301 of the water), or an interest in property, for the plan to other activities affecting fish, Act, the Commission will make a formal fish, wildlife, or recreation purposes. wildlife, and recreation resources invitation to Federal and State resource (b) Physical restoration of ecological within the State of Utah, and/or agencies, Indian tribes, and other functions and habitat values of lands or (2) Discussions of, or information on, interested parties to prepare water courses. other topics that the Commission recommendations concerning projects (c) Construction and reconstruction of determines to be relevant. For example, that will be considered for funding. This facilities, such as trails, fish culture the Commission may wish to identify invitation will take the form of a facilities, instream spawning facilities, mitigation and/or conservation ‘‘project solicitation packet.’’ The packet water control structures, and fencing measures that the Commission may will contain a cover letter, this planning that aid in the conservation of fish and wish to consider in later years of the rule or a reference as to where it may wildlife resources, and/or provide five-year plan or in subsequent five-year be obtained, a format for preparing recreation opportunities. plans. applications, and other materials that (d) Regional planning aimed at the Commission concludes will assist in conserving fish and wildlife, and/or § 10005.17 Plan development process. the preparation of recommendations. providing recreation opportunities. Following adoption of the planning Appropriate announcement will also be (e) Management and operations rule, the Commission will proceed with made in the Utah media and in the agreements, strategies, and other the preparation of the plan, in Federal Register in order that other institutional arrangements aimed at adherence with the following interested parties might be made aware conserving fish and wildlife and their procedures and in the order stated: of the opportunity to participate. To habitats, and/or providing recreation (a) A formal request for assist applicants, the format for opportunities. recommendations regarding potential preparing application may be made (f) Inventory and assessment of projects will be made to Federal and available in electronic form upon biological resources. State resource agencies, Indian tribes, request. As warranted, the Commission 49458 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations may propose specific projects and/or for measuring the extent to which each (iii) Create opportunities for walking assist others in the preparation of proposed project responds to the or bicycling that complement protection recommendations in order to fully decision factors. The Commission’s and restoration of riparian and aquatic execute its obligations as described in decision factors and standards are as corridors, § 10005.8. The following information follows: (iv) Create opportunities for fishing, will be requested of applicants: (a) Decision Factor 1: Benefits to fish, boating, and other water-based (a) An abstract of the proposed wildlife, and recreation resources. The recreation activities that complement project, following three standards apply: protection and restoration of aquatic (b) Information on the applicant, (1) Biological integrity. Projects will areas, including the name of the person contribute to the productivity, integrity, (v) Provide outdoor recreation preparing the recommendation, the and diversity of fish and wildlife opportunities that are lacking within the official authorizing the resources within the State of Utah. To watershed or State, recommendation, and partners to the meet the Biological Integrity standard, (vi) Provide outdoor recreation application, if any, projects should accomplish one or more opportunities near to or accessible by (c) The location of the proposed of the following: urban populations, project, (i) Protect, restore, or enhance the (vii) Provide outdoor recreation (d) The overall goal for the project and ecological functions, values, and opportunities for people who are the specific fish, wildlife, or recreation integrity of natural ecosystems physically challenged or economically objective(s) that the project’s proponent supporting fish and wildlife resources, disadvantaged, seeks to achieve, (ii) Provide conservation benefits to (viii) Provide opportunities for (e) The relationship, if any, of the both species and their habitats, environmental education and proposed project to Federal reclamation (iii) Provide benefits to multiple interpretation, and/or mitigation and, especially, to measures species, (ix) Do not cause a disruption to the delineated in Title II, Section 304, or (iv) Promote biodiversity and/or natural environment that will, itself, Section 315, genetic conservation, require mitigation. (v) Aid long-term survival/recovery of (f) A description of the project, (3) Scientific Foundation. Projects species, or groups of species, that are of including tasks to be undertaken, will be based on and supported by the special concern, including: best available scientific knowledge. To products to be produced, and the (A) Species on the Federal List of meet the Scientific Foundation expected results, Endangered or Threatened Wildlife and (g) A proposed budget, including, standard, projects should accomplish Plants, where applicable, a description of (B) Federal category 1 or 2 candidates one or more of the following: (i) Include specific and sound contributions to be provided by project for listing, implementors or other sources, (C) Species identified by the UDWR as biological objectives, (h) A proposed time schedule, wildlife species of special concern, (ii) Be supported by appropriate (i) The identification of the entity (ies) (D) UDWR Natural Heritage Program population and/or habitat inventories or to be involved with the project (project G1 and G2 plant and animal species, other scientific documentation, implementation and post-project (E) On lands managed by the U.S. (iii) Provide tangible results and, to operation and management), including Forest Service or the Bureau of Land the extent possible, measurable benefits their qualifications for undertaking this Management, species of special concern to species, habitats, and/or recreation type of work, as recognized by the appropriate agency, opportunities, (j) A description of any consultation and (iv) Involve accepted techniques that with landowners, agencies, or other (F) the sensitive species conservation have been demonstrated to produce affected entities, to include list developed by the Utah Interagency significant results, or, alternatively, documentation where appropriate, Conservation Committee, innovative techniques that hold promise (k) An evaluation of the project in (vi) Provide protection to important for resolving significant issues and that relationship to the Commission’s first aquatic, riparian, or upland habitats, might serve as models for other five decision factors identified in especially those that are either critical to initiatives, § 10005.19, a sensitive indigenous species or useful (v) Make a significant contribution to (l) An evaluation of the anticipated to a variety of species over a range of the scientific knowledge concerning need for NEPA documentation and environmental conditions, and/or ecosystem protection and restoration, compliance with the ESA, the Clean (vii) Restore self-sustaining, naturally and/or Water Act, and other applicable functioning aquatic or riparian systems, (vi) Be recognized as scientifically environmental laws, and especially through the use of natural valid by the American Fisheries Society, (m) At the option of the applicant, recovery methods. the Wildlife Society, or other applicable other information that might assist the (2) Recreation opportunities. Projects professional scientific organization. Commission in evaluating the with recreation objectives will provide (b) Decision Factor 2: Fiscal recommendation. opportunities for high quality outdoor responsibility. The following three recreation experiences for the general standards apply: § 10005.19 Decision factors. public that are compatible with, and (1) Fiscal accountability. Projects will This section identifies the principle support, the conservation of biological provide a substantial return on the decision factors that the Commission resources and natural systems. To meet public’s investment. To meet the Fiscal will use to evaluate the relative merit of the Recreation Opportunities standard, Accountability standard, projects proposed projects and the way that the projects should accomplish one or more should accomplish one or more of the Commission will apply these decision of the following: following: factors. The Commission has selected (i) Create opportunities for the public (i) Provide significant benefit at six general decision factors that will be to enjoy fish, wildlife, and native plants reasonable cost, used to evaluate the relative priority of in their natural habitats, (ii) Where alternatives exist, utilize proposed projects. ‘‘Standards’’ related (ii) Provide permanent access to the least cost alternative that fully meets to each decision factor provide a means aquatic areas for recreation purposes, objectives, Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations 49459

(iii) Continue to provide value over (ii) Have been proposed through a (iii) For projects involving Federal or the long term, and/or cooperative effort among two or more state lands, be consistent with, and (iv) Encourage and facilitate economic agencies, governments, and/or private supported by, an adopted management efficiency among agencies. entities, each having a stake in the plan. (2) Shared funding. While not an outcome and/or possessing (e) Decision Factor 5: Other absolute requirement, projects should, complementary expertise, and/or contributions. The following two when practical, be funded through cost (iii) Encourage, or facilitate, the standards apply: sharing with project participants or establishment of complementary (1) Public benefits. Projects will, involve other contributions. To meet the management plans and programs among wherever practicable, provide benefits Shared Funding standard, projects land and resource managers. in addition to those provided to fish, should accomplish one or more of the (2) Authority and capability. The wildlife, and recreation. To meet the following: entities charged with undertaking and, Public Benefits standard, projects (i) Have guaranteed partial funding after completion, managing each project should: from other sources, must have the authority to be involved (i) To the extent that this is (ii) Have a high potential for in the proposed activity and possess the compatible with the primary objective leveraging additional funding by others administrative, financial, technical, and of protecting or restoring fish, wildlife, in the future, logistical capability necessary for or outdoor recreation, provide (iii) Be coupled with other ongoing or successful implementation. To meet the opportunities for multiple use of proposed projects that have compatible Authority and Capability standard, resources, objectives and secured non-Commission projects should: (ii) Provide benefits to aspects of the funding, and/or (i) Be supported by documented environment beyond fish, wildlife, and (iv) Involve significant in-kind evidence that the entities involved have recreation, contributions by the applicant and previously undertaken similar work (iii) Not result in unacceptable participating agencies or organizations. successfully, and/or impacts to other aspects of the (3) Protection of investment. (ii) Be supported by fully developed environment, and/or Successful implementation of projects implementation plans. (iv) Contribute to the social and/or over time will be ensured. To meet the (3) Public support. Projects should, economic well-being of the community, Protection of Investment standard, wherever possible, enjoy broad support the region, and/or the State. projects should accomplish one or more within the natural resource community, (2) Unmet needs. Projects will satisfy of the following: and/or with the public at-large. To meet significant needs that would not (i) Result in permanent, as opposed to otherwise be met. To meet the Unmet temporary, protection to fish and/or the Public Support standard, projects should: Needs standard, projects should: wildlife habitats, (i) Address significant fish, wildlife, (ii) Have low maintenance cost and/ (i) Build upon previous compatible or recreation needs that are unable to or be self sustaining over the long term, efforts that have undergone public secure adequate funding from other (iii) Have clearly assigned operations involvement and are widely supported, and management responsibilities and (ii) Be supported by implementation sources, (ii) Not duplicate actions already assurances of long term support on the plans that have previously been taken or underway, and/or part of implementors, subjected to peer and/or public review, (iii) Not substitute for actions that are (iv) For those projects likely to require (iii) Have documented support from the responsibility of another agency and substantial operations and management affected interests, and/or expenditures, have in place a realistic (iv) Have a high probability that that must be implemented regardless of strategy for obtaining the necessary agency and public support will be Commission involvement. This is not funds, including, where applicable, a sustained into the future. This is meant to restrict the Commission’s commitment by the applicable especially important for multi-year ability to be involved in projects agency(ies) to seek necessary projects and projects that are part of a advanced by land management or other appropriations, larger, long-term initiative. agencies that, while within the general (v) Contain guarantees on the part of (d) Decision factor 4: Consistency with responsibility of the agency, cannot be the applicable landowner(s) or laws and programs. The following two implemented because of internal manager(s) that incompatible land uses standards apply: funding limitations. will not be allowed, and/or (1) Laws and tribal rights. Projects (f) Decision Factor 6: Compatibility (vi) Have a high probability that will be consistent with the legal rights with the Commission’s overall program. action will not be negated by other of Indian tribes and with applicable This decision factor is relevant to the activities outside of the control of the State and Federal laws. overall project portfolio rather than to land owner/manager. (2) Complementary activities. Projects individual projects. The following five (c) Decision Factor 3: Agency and will complement the policies, plans, standards apply: public involvement and commitment. and management activities of Federal (1) Commission obligations. Taken as The following three standards apply: and State resource management a whole, the project portfolio must help (1) Partnerships. Projects should, agencies and appropriate Indian tribes. fulfill the Commission’s obligations for when practical, involve a partnership To meet the Complementary Activities mitigation of Federal reclamation among Federal and State agencies, local standard, projects should: projects as described in § 10005.8. governments, private organizations, (i) Complement, or contribute to, (2) Project mix. The Commission’s and/or landowners or other citizens. To established, documented fish and portfolio should provide an appropriate meet the Partnerships standard, projects wildlife protection and/or restoration mix of projects in terms of project type, should accomplish one or more of the programs, geographical distribution, and other following: (ii) Be a component of, or support, a appropriate factors. While the (i) Span multiple jurisdictions or recognized ecosystem or watershed Commission desires to implement a otherwise require, or benefit from, inter- planning initiative where protection or broad range of projects, and to have an organizational cooperation and restoration of fish, wildlife, or recreation effect throughout the State, this alone involvement, is a primary goal, and/or will not determine the Commission’s 49460 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations mix of projects. Among the factors that Commission’s authority and mission. the focus of this evaluation. For those the Commission will consider when The result of the evaluation will be a areas with a concentration of projects selecting projects are the following: preliminary list of eligible projects, this might involve a watershed-wide (i) The Commission will consider arrayed by year over the term of the analysis. It will also involve a state-wide concentrating projects in one watershed plan. The evaluation will adhere to the analysis. As with the previous step, the or basin if these projects are ecologically following process: evaluation will be conducted using best connected and are likely to result in a (a) Each project will be arrayed professional judgement and may involve significant cumulative effect on fish, according to location (by watershed), a variety of applicable techniques. wildlife, and/or recreation that could project type, and the resource that the not otherwise be realized. project seeks to address. § 10005.21 Amending the plan. (ii) The Commission will consider (b) Each project’s consistency with The Commission considers the plan to implementing a major, high cost Commission policy delineated in be a dynamic instrument that guides project—as opposed to several smaller § 10005.12 will be determined. decisions over time and is capable of projects with the same total cost—if that (c) Complementary, competing, and responding to changing circumstances. project is likely to produce net duplicative projects will be identified. Amendments to the plan provide the cumulative benefits to fish, wildlife, (If warranted, applicants may be asked vehicle for maintaining this dynamic and/or recreation that exceed those of to combine efforts or otherwise modify quality. the smaller projects. projects.) (a) Types of plan amendment. The (iii) The Commission will consider (d) Projects that satisfy obligations Commission recognizes three distinct small projects that appear unconnected described in § 10005.8 will be types of plan amendment: to other Commission activities if these identified. comprehensive revisions, substantive can serve to demonstrate the viability of (e) Using best professional judgement, revisions, and technical revisions. The a certain type of protection and Commission staff will evaluate each particulars regarding each is as follows: (1) Comprehensive revision. The Act restoration project, or to establish the project according to the standards requires that the Commission ‘‘develop groundwork for additional fish, wildlife, delineated in § 10005.19 with the and adopt’’ a plan every five years. At and recreation initiatives. exception of Decision Factor 6, which (3) Timing. Projects should address relates to the Commission’s overall the end of each five year period the needs that are time sensitive. To meet portfolio and is, therefore, not Commission will undertake a the Timing standard, projects should: applicable to the evaluation of a specific comprehensive review of the plan to (i) Target immediate, high priority project. determine its adequacy and the need for needs, (1) For each standard, a preliminary revision. The need to revise, and add to, (ii) Target opportunities that are of rating will be made, with the project the Commission’s portfolio of proposed limited duration, rated as: projects will be central to this review. (iii) Preempt future crises, and/or (i) Exceeding minimum standard, Other elements, for example, (iv) Be consistent with identified (ii) Meeting minimum standard, reconsideration of the Commission’s ‘‘critical paths’’ or other logical, (iii) Minor deficiency in meeting objectives for the preceding five-year multiple-year project phasing plans. standard, period and the Commission’s standards (4) Project completion. Ongoing (iv) Deficient, or for selecting projects, may also be projects that are making satisfactory (v) Not applicable. reconsidered. Based on this review the progress will generally be approved for (2) Commission ratings will be Commission may call for the continued funding prior to allocating contrasted to those of applicants and preparation of a new plan. The funds for new projects. major discrepancies re-evaluated. consultation procedures described in (5) Budget. The total cost of proposed Commission findings will be recorded § 10005.7 will apply, as will the projects for any given fiscal year must and will be available for review. procedures described in § 10005.17, and not exceed the Commission’s (f) Each project will be given an the procedures described in § 10005.18. anticipated budget allocation for that overall rating based on the extent to The Commission is not obligated to wait year. When the total cost of qualified which it meets Commission criteria as five years to undertake such revision to projects exceeds funding capability, the defined in paragraphs (b) through (e) of the plan. This may be undertaken at any Commission will re-evaluate all this section. The rating will be made on time that the Commission deems qualified projects and identify those the basis of best professional judgement appropriate. that, in combination, produce the most using quantitative and/or qualitative (2) Substantive revision. The meaningful results. High cost projects rating techniques as appropriate. A Commission may, from time to time, will be subjected to particular scrutiny given project need not meet all determine that changes to the plan’s list and may be scaled back, phased over standards to be selected for inclusion in of projects are in order. Typically this multiple years, or deferred if doing the Commission’s plan. A project may, will take the form of substituting a otherwise would preclude other for example, be deficient in an area that project in the plan with a new project, worthwhile but lower cost projects. the Commission determines is not changing the order for implementation, important for that type of project or, or making significant modifications to § 10005.20 Project evaluation procedures. alternatively, deficiencies in some areas previously selected projects. When the Projects proposed for inclusion in the may be off-set by major assets in others. Commission determines that there is a plan will be subjected to a systematic A tiered rating scale will be used, with need for such substantive changes, a evaluation using the decision factors projects grouped into two or more formal announcement will be made and delineated in § 10005.19. The categories according to how well they interested parties will be given the Commission may, at any time in the meet Commission criteria. opportunity to provide project evaluation process, contact (g) Projects with moderate to high recommendations following the applicants to ask for clarification, to ratings will then be re-evaluated from a procedures described in § 10005.18. propose modifications, or to otherwise multiple project perspective. Decision Changes of this nature will not cause the formulation of project Factor 6, Compatibility with the necessitate a total revision to the plan proposals that are in keeping with the Commission’s Overall Program, will be but rather involve select modifications Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Rules and Regulations 49461 to specific portions of the plan. Changes are not limited to, changes in the list of recommendation. The Commission will, to other specific elements of the plan participating organizations, changes in during the public session of the next may also be amended in this way. the exact location of certain project official Commission meeting, announce Portions of the plan that are proposed activities, and changes to specific tasks. that such a petition has been received. for modification will be released in draft Substitution of one project for another, The Commission may choose to vote on form, with the public given thirty days or aggregation of projects, may also be the petition at that time or to take the to provide comments prior to formal considered a technical revision if the matter under advisement until the adoption by the Commission. projects possess similar qualities and following Commission meeting at which Substantive amendments provide a way the action is supported by affected time the Commission must vote to to incrementally amend the plan over parties and the general public. determine if the petition has merit. time without the necessity of a major Technical revisions do not constitute a Following acceptance of a petition the rewrite and will be central to the formal amendment to the plan and do Commission’s planning process. The not require the notification and Commission will promptly establish the Commission will specifically consider reporting procedures of a formal procedures and schedule that will be the need for substantive amendments on amendment. Affected agencies and followed in considering amendments. at least an annual basis. Consideration interests must, however, be consulted, Project recommendations made of substantive amendments will and the rationale for making the pursuant to a petition must be presented typically be made in concert with technical revision documented. The using the format described in § 10005.18 preparation of the annual budget plan document will be corrected to and will be evaluated in the manner request. reflect technical revisions, and a described in § 10005.20. Proposals for (3) Technical revision. Technical historical record kept in order to track technical amendments do not require a revisions include changes that correct the plan’s evolution. formal petition. Written requests for inadvertent errors or provide current (b) Public petitions. Agencies and technical amendment will be acted information, other minor revisions that members of the public have the right to, upon by the Commission in a timely do not substantively modify the plan, at any time, petition the Commission to manner. or, changes in the particulars of one or open the plan to comprehensive or more projects that do not change basic substantive amendments. Petitions must Michael C. Weland, project goals and objectives nor be made in writing and should state the Executive Director. substantively modify expected specific reason why the action is [FR Doc. 95–23137 Filed 9–22–95; 8:45 am] environmental effects. Technical requested. The petition may be BILLING CODE 4310±05±P revisions to projects might include, but accompanied by a specific project federal register September 25,1995 Monday Information Infrastructure;Notice Advisory CouncilontheNational Information Administration National Telecommunicationsand Commerce Department of Part IV 49463 49464 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Notices

DEPARTMENT OF COMMERCE 4:30 p.m., and Wednesday, October 11, October 11, 1995 1995 from 9:00 a.m. until 4:30 p.m. 1. Remarks by Chancellor of University National Telecommunications and ADDRESSES: The NII Advisory Council Information Administration 2. KickStart Report Review meeting will take place at the University 3. Policy Report Review of Pittsburgh, William Pitt Union Advisory Council on the National 4. KickStart Rollout and Follow-up Assembly Room, 5th Avenue and Information Infrastructure 5. Business Issues—summary Bigelow Blvd, Pittsburgh, Pennsylvania AGENCY: National Telecommunications 15260. Public Participation and Information Administration (NTIA), FOR FURTHER INFORMATION CONTACT: Ms. The meeting will be open to the Commerce. Elizabeth Lyle (or Ms. Tiffani Burke, public, with limited seating available on ACTION: Notice of Open Meeting: Notice alternate), Designated Federal Officer for a first-come, first-served basis. Any is hereby given of a meeting of the the Advisory Council on the National member of the public requiring special United States Advisory Council on the Information Infrastructure, National services, such as sign language National Information Infrastructure, Telecommunications and Information interpretation, should contact Tiffani created pursuant to Executive Order Administration (NTIA); U.S. Burke at 202–482–1835. 12864, as amended. Department of Commerce, room 4892; Any member of the public may 14th Street and Constitution Avenue submit written comments concerning SUMMARY: The President established the NW.; Washington, DC 20230. Advisory Council on the National the Council’s affairs at any time before Telephone: 202–482–1835; Fax: 202– or after the meetings. Comments should Information Infrastructure (NII) to 501–6360; E-mail: [email protected]. advise the Secretary of Commerce on be submitted through electronic mail to matters related to the development of Authority: Executive Order 12864, signed [email protected] or to the Designated the NII. In addition, the Council shall by President Clinton on September 15, 1993, Federal Officer at the mailing address and amended on December 30, 1993 and June listed above. advise the Secretary on a national 13, 1994. strategy for promoting the development Within thirty (30) days following the of the NII. The NII will result from the SUPPLEMENTARY INFORMATION: meeting, copies of the minutes of the Advisory Council meeting may be integration of hardware, software, and Agenda skills that will make it easy and obtained through Bulletin Board affordable to connect people, through October 10, 1995 Services at 202–501–1920, 202–482– the use of communication and 1. Welcome, Overview of Agenda 1199, over the Internet at iitf.doc.gov, or information technology, with each other 2. Universal Access and Service— from the U.S. Department of Commerce, and with a vast array of services and adoption National Telecommunications and information resources. Within the 3. Public Safety Principles—adoption Information Administration, room 4892, Department of Commerce, the National 4. Health Care Principles—adoption 14th Street and Constitution Avenue Telecommunications and Information 5. Security Paper—adoption NW.; Washington, DC 20230, telephone Administration has been designated to 6. Policy Action Recommendations: 202–482–1835. provide secretariat services to the Electronic Commerce Education, Larry Irving, Council. Health, Public Safety, GIS, Privacy, Assistant Secretary for Communications and DATES: The NII Advisory Council Security, Intellectual Property, Information. meeting will be held on Tuesday, Privacy [FR Doc. 95–23721 Filed 9–22–95; 8:45 am] October 10, 1995 from 9:00 a.m. until 7. Library Panel BILLING CODE 3510±60±P federal register September 25,1995 Monday Responsibilities; ProposedRule Entities AssumingHUDEnvironmental Environmental ReviewProceduresfor 24 CFRPart58 Office oftheSecretary Development Housing andUrban Department of Part V 49465 49466 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules

DEPARTMENT OF HOUSING AND Environmental Policy Act of 1969 (42 inclusion on the National Register of URBAN DEVELOPMENT U.S.C. 4321–4347) (‘‘NEPA’’), the NEPA Historic Places. implementing regulations of the Council On August 10, 1988 (53 FR 30186), Office of the Secretary on Environmental Quality (CEQ), and the Department amended part 58 by other NEPA related federal laws. adding paragraph (a)(6) to § 58.35 to 24 CFR Part 58 Applicable HUD programs include any categorically exclude maintenance and [Docket No. FR±3514±P±01] program in which specific statutory administrative activities which are authority allows the environmental undertaken to support housing and RIN 2501±AB67 review responsibilities to be assumed by shelter programs for the homeless including those authorized by the Environmental Review Procedures for responsible entities. Currently, Stewart B. McKinney Homeless Entities Assuming HUD Environmental applicable HUD programs, and therefore Assistance Act (McKinney Act). The Responsibilities those covered by part 58 only include: (1) Title I Community Development McKinney Act was amended in 1988 by AGENCY: Office of the Secretary, HUD. Block Grant Programs, (2) the Rental adding section 443 which authorized ACTION: Proposed rule. Rehabilitation Program and the Housing the use of the environmental review Development Grant Program (3) the provisions of section 104(g) of the HCD SUMMARY: This proposed rule would HOME programs under the Cranston- Act of 1974 for HUD’s homeless amend the existing environmental Gonzalez National Affordable Housing assistance programs. regulations governing entities that Act (NAHA), (4) the homeless programs An interim rule published on June 23, assume HUD responsibilities by making authorized by Title IV of the Stewart B. 1993 (58 FR 34130) amended part 58 to the environmental review procedures McKinney Homeless Assistance Act, (5) expand its applicability to the HOME consistent under the various programs Grants to States and units of general program and the homeless assistance to which these regulations apply. This local government for abatement of lead- programs under title IV of the McKinney proposed rule would also make based paint, (6) Public and Indian Act. The 1993 interim rule also clarifying and editorial changes to the Housing and most Section 8 programs broadened, where appropriate, program- existing environmental regulations under Title I of the United States specific references to various activities, governing entities that assume HUD Housing Act for 1937, (7) Special responsibilities and categorical responsibilities. projects appropriated under an exclusions so that they apply to DATES: Comment Due Date: November appropriation Act of HUD, and (8) The activities and participants under these 24, 1995. FHA Multi-Family Housing Finance two programs. The 1993 interim rule also amended ADDRESSES: Interested persons are Agency Pilot Program under section part 58 to relocate three statutory and invited to submit comments regarding 542(c) of the Housing and Community regulatory provisions from the list of this proposed rule to the Rules Docket Development Act of 1992. Clerk, Office of General Counsel, Room laws and authorities in § 58.5 for which 10276, Department of Housing and A. Historical Perspective recipients must assume environmental responsibilities. The three authorities— Urban Development, 451 Seventh Street, On April 12, 1982, the Department SW, Washington, DC 20410–0500. the Flood Disaster Protection Act of published an interim rule in the Federal 1973 (FDPA), the Coastal Barrier Communications should refer to the Register at 47 FR 15750, revising part Resources Act (CBRA), and the notice to above docket number and title. 58. It set forth the environmental purchasers of property in runway clear Facsimile (FAX) comments are not requirements for the Title I Community zones of a civil airport and clear zones acceptable. A copy of each Development Block Grant programs of of a military airfield—were relocated communication submitted will be the Department, as authorized by from § 58.5 to a new § 58.6. (HUD available for public inspection and section 104(g) of the Housing and determined that, intrinsically, these copying between 7:30 a.m. and 5:30 Community Development Act of 1974 three authorities are not like the other p.m. weekdays at the above address. (HCD Act of 1974). Under section authorities listed in § 58.5 that trigger FOR FURTHER INFORMATION CONTACT: 104(g), block grant recipients may the environmental certification, public Richard H. Broun, Director, Office of assume the environmental review notice and release of funds procedures. Environment and Energy, Room 7240, responsibilities of the Secretary. FDPA pertains to mandatory purchase Department of Housing and Urban On June 7, 1984, the Department of flood insurance protection; CBRA Development, 451 Seventh Street, S.W., published another interim rule in the pertains to the direct prohibition against Washington, DC 20410, telephone (202) Federal Register at 49 FR 23610. It use of any funds in designated coastal 708–2894. For telephone amended part 58 to implement section barriers; and the notice to purchasers of communication, contact Fred Regetz, 17 of the United States Housing Act, as property in runway clear zones is a Environmental Review Division at (202) added by section 301 of the Housing disclosure requirement.) 708–1201. Hearing or speech-impaired and Urban Rural Recovery Act of 1983. In this change, the Department also individuals may call the Federal Section 17 established two new housing amended part 58 further to incorporate Information Relay Service number at 1– programs—the Rental Rehabilitation categorical exclusions from NEPA 800–877–TDDY (1–800–877–8339) and Program (24 CFR part 511) and the review and statements regarding the refer to (202) 708–4346. Housing Development Grant Program inapplicability of other environmental SUPPLEMENTARY INFORMATION: (24 CFR part 850) and made these laws with respect to certain activities for programs subject to section 104(g) of the which comparable provisions were I. Background HCD Act of 1974. In addition, the rule already made in 24 CFR part 50. Part 50 This proposed rule would revise and added § 58.17. Section 58.17 applies to programs under which HUD restate the procedures for recipients of implemented section 17(i)(1) of the 1937 itself is responsible for performing HUD assistance and other responsible Act by establishing conditions under environmental reviews, and it would be entities in applicable HUD programs to which assistance may be provided when anomalous to require a different carry out environmental reviews in the rehabilitation or development would standard of review for recipients where accordance with the National affect a property on or eligible for similar activities are carried out under Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49467 programs covered by part 58. The II. Discussion of Public Comments From this area in §§ 58.35(a)(4) and 58.35(b). interim rule also provided an additional 1993 Interim Rule A new category of activities (actions on categorical exclusion and statement The Department received 6 public one to four family structures) was regarding inapplicability of related laws comments concerning part 58 in identified (§ 58.35(a)(7)) in the interim for activities to assist homeownership of response to the interim rule published rule published on June 23, 1993 as being existing dwelling units. (This is an on June 23, 1993 (58 FR 34130): 4 Categorically Excluded from the important activity under the HOME comments from local governments and National Environmental Policy Act program.) This provision derived from 2 comments from private housing (NEPA). The proposed rule proposes to the current categorical exclusion from associations. As a result of these change this section to § 58.35(a)(4). NEPA review for individual actions on comments, the Department proposes to Categorically excluded activities must still comply with 24 CFR 58.5 unless, on one- to four-family properties in cases make certain revisions to the June 23, a case-by-case basis, the recipient under part 50, and from HUD’s 1993 interim rule which are determines the proposed action will not determination that related laws and incorporated into today’s proposed rule. alter any conditions that would require authorities requiring environmental The following discussion summarizes compliance with any of the related laws reviews do not apply to such the comments and provides HUD’s in § 58.5. In such case, no compliance homeownership assistance. responses to those comments. Every or environmental review procedure is The provision in part 58 regarding comment was reviewed and considered, necessary. An activity that has the limitations on actions pending although it may not be specifically potential to trigger one or more of the environmental clearance was also addressed in this preamble. related laws in § 58.5 cannot be exempt. revised to more closely reflect (1) the Two commenters suggested that the One commenter suggested that the already applicable statutory prohibition Department exempt recipients from Department exclude all rehabilitation against premature commitment of HUD complying with § 58.5 unless the projects from the thresholds of funds, and (2) the already applicable activity actually has a physical impact § 58.35(a)(4)(i), arguing that these provision in regulations of the Council on the land. One commenter cited down thresholds are not statutorily based and on Environmental Quality (CEQ) (40 payment and closing cost assistance not relevant to rehabilitation projects, CFR 1506.1) prohibiting premature with HOME funds as an activity with no and constitute an excessive regulatory undertaking of activities that have physical impact on land, and one which burden. The Department does not agree. adverse environmental impact or limit should therefore not be subject to § 58.5. The Department believes that the choice of reasonable alternatives. The Department agrees with this maintaining the thresholds identified in Finally, the Department made other suggestion, and proposes to add more § 58.35(a)(4)(i) is necessary to determine clarifying and editorial revisions to part specific language to § 58.35(b) to restrict whether NEPA applies. 58 in the interim rule. the applicability of § 58.5 in the case of B. Proposed Rule On April 21, 1994, HUD published in activities which do not have any the Federal Register (59 FR 19100) a physical impact or result in any This proposed rule would make final rule that amended 24 CFR part physical change to land. further changes to part 58 to ensure that 585(b) to refer to HUD’s Floodplain Two commenters recommended that the environmental review procedures management regulations in 24 CFR part the final rule modify part 58 to allow are consistent for entities assuming 55. recipients to enter into option HUD environmental responsibilities agreements for property acquisition or regardless of the program under which On August 26, 1994, under the to commit non-federal money prior to the activity is funded. In addition, it Multifamily Housing Property the completion of the environmental would make clarifying and editorial Disposition Reform Act of 1994 assessment. These commenters argued revisions to part 58. (MHPDRA) the Department published that this restriction prevents recipients In Subpart A, terms, abbreviations an interim rule in the Federal Register from pursuing many viable projects. An and definitions would be expanded to (59 FR 44258) that revised the sections option obtained by a recipient is include acronyms of recently authorized in 24 CFR part 58 which govern the allowable prior to the completion of an programs, and would more precisely assumption if environmental environmental review and the approval define terms such as ‘‘unit density,’’ responsibilities by recipients under the of the RROF when the recipient can ‘‘vacant building’’ and when HOME Investment Partnership Program cancel the option if the recipient extraordinary circumstances would and the Lead-based Paint Hazard determines that the property is warrant a higher level review of an Reduction and Abatement Program. undesirable as a result of the activity that is normally categorically On March 13, 1995 an interim rule environmental review required by 24 excluded. was published in the Federal Register CFR part 58 and the recipient has Subpart B would be changed to clarify (60 FR 13518) which provided that the alternative sites under consideration or and emphasize the role that the part 58 procedures for the assumption option. There is no constraint on the responsible entity and the certifying and carrying out of responsibilities for purchase of options or properties by officer play in the assumption of the environmental review, decisionmaking third parties that have not been selected responsibilities of the Secretary. and action apply to public and Indian for HUD funding, have no responsibility The Department has also proposed to housing programs, the Section 8 for the environmental review and have make changes to encourage early program other than Section 8 assistance no say in the approval or disapproval of program planning as required by the under 24 CFR part 866 to projects with the project. regulations implementing the HUD-insured or HUD-held mortgages Two commenters suggested that the procedural provisions of NEPA (40 CFR and in connection with the disposition Department exempt rehabilitation 1501.2). Changes in subpart B would of HUD-owned projects special projects, projects of one to four units and owner- emphasize (a) the need to centralize and the FHA Multifamily Housing occupied rental and homeownership expertise in preparing reviews, (b) the Finance Agency Risk Sharing Pilot projects from the environmental development of an environmental data Program covered by the MHPDRA requirements of part 58. This base, (c) balancing development and amendments. Department has provided some relief in economic needs with environmental 49468 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules concerns, and (d) the use of a ‘‘tiering’’ CFR part 50, which implement section List of Subjects in 24 CFR Part 58 concept so that environmental reviews 102(2)(C) of the National Environmental or assessments can consider issues ripe Policy Act (NEPA) of 1969. The FONSI Community development block for review at various points in the is available for public inspection during grants, Environmental impact development process. The main regular business hours in the Office of statements, Environmental protection, objective of the revisions to this subpart General Counsel, the Rules Docket Grant programs—housing and would be to eliminate repetitive Clerk, room 10276, 451 Seventh Street, community development, Reporting and discussions of the same issues, to allow SW., Washington, DC 20410. recordkeeping requirements. a single review to be prepared and B. Executive Order 12612, Federalism Accordingly, 24 CFR part 58 is adopted by multiple users, and to proposed to be revised to read as The General Counsel, as the increase the credibility of the follows: environmental process. Designated Official under section 6(a) of The Department has proposed in Executive order 12612, Federalism, has PART 58ÐENVIRONMENTAL REVIEW subpart D to change the focus of determined that the policies contained PROCEDURES FOR ENTITIES decision-making away from the project- in this proposed rule will not have ASSUMING HUD ENVIRONMENTAL by-project approach to encourage substantial direct effects on states or RESPONSIBILITIES communities to take environmental their political subdivisions, or the factors into account prior to program relationship between the Federal Subpart AÐPurpose, Legal Authority, and site selection. This new approach government and the States, or on the Federal Laws and Authorities would provide for the identification of distribution of power and Sec. areas which may be less suitable for responsibilities among the various 58.1 Purpose, scope and applicability. development or which would require levels of government. As a result, the 58.2 Terms, abbreviations and definitions. additional costs to develop so that these proposed rule is not subject to review 58.3 [Reserved]. factors can be taken into consideration under the order. Specifically, this 58.4 Assumption authority. in making site selection decisions. It proposed rule modifies environmental 58.5 Related Federal laws and authorities. also would allow a grantee to determine requirements for recipients of HUD 58.6 Other requirements. in advance of the environmental review, assistance and other entities that assume 58.7–58.9 [Reserved]. those factors that are most relevant to environmental review responsibilities for activities and projects in which Subpart BÐGeneral Policy: Responsibilities each area and those that are minor or of of Responsible Entities no concern. This data would be of value specific statutory authority exists to to all parties proposing development in assign the environmental review 58.10 Basic environmental responsibility. 58.11 Legal capacity and performance. the community including private responsibilities to the recipients or to allow States and local governments to 58.12 Technical and administrative persons, non-profits and Federal, State capacity. and local governments. assume those responsibilities on behalf of certain recipients. 58.13 Responsibilities of the certifying A second objective of the revision of officer. subpart D would be to identify programs C. Executive Order 12606, the Family 58.14 Interaction with State, Federal and and projects that are exempt by statute, The General Counsel, as the non-Federal entities. categorically excluded from NEPA, or Designated Official under Executive 58.15 Tiering. determined not subject to the related Order, The Family, has determined that 58.16 [Reserved]. Federal authorities described in § 58.5, this proposed rule does not have 58.17 Historic Preservation requirements except under extraordinary potential for significant impact on for prior Section 17 grants. circumstances. The list of activities that 58.18 Responsibilities of States Assuming family formation, maintenance, and are normally considered categorically HUD Responsibilities. general well-being, and, thus, is not excluded would also be expanded to 58.19–58.20 [Reserved]. subject to review under the order. No reflect the new programs and activities significant change in existing HUD Subpart CÐGeneral Policy: Environmental funded by the Department. policies or programs will result from Review Procedures In this proposed rule, former subparts promulgation of this proposed rule, as C, G and J would be incorporated into 58.20 Incorporation of NEPA regulations by those policies and programs relate to reference. subpart A. Former subpart H would family concerns. 58.21 Time periods. appear as subpart F, and former subpart 58.22 Limitations on activities pending I would appear as subpart G. D. Regulatory Flexibility Act clearance. Finally, the Department has consulted The Secretary, in accordance with the 58.23 Financial assistance for with the Council on Environmental Regulatory Flexibility Act (5 U.S.C. environmental review. Quality and the Environmental 605(b)) has reviewed and approved this 58.24–58.29 [Reserved]. Protection Agency by providing them proposed rule, and in so doing certifies Subpart DÐEnvironmental Review Process: with advance copies of this proposed that this proposed rule will not have a rule. When a final rule is issued, it will Documentation, Range of Activities, Project significant economic impact on a Aggregation and Classification take into consideration the comments substantial number of small entities. and recommendations of those agencies 58.30 Environmental Review Process. This proposed rule would streamline 58.31 [Reserved]. along with the other comments part 58 and carry out the statutory submitted. 58.32 Project aggregation. mandate of providing for the 58.33 Emergencies. III. Other Matters assumption of environmental review 58.34 Exempt activities. responsibilities by certain recipients of A. Environmental Impact 58.35 Categorical exclusions. HUD assistance or other entities in 58.36 Environmental assessments. A Finding of No Significant Impact accordance with section 104(g) of the 58.37 Environmental impact statement (FONSI) with respect to the Housing and Community Development determinations. environment has been made in Act of 1974 and similar statutory 58.38 Environmental review record. accordance with HUD regulations at 24 provisions. 58.39 [Reserved]. Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49469

Subpart EÐEnvironmental Review Process: (1) Community Development Block (7) Special Projects appropriated Environmental Assessments (EA's) Grant programs authorized by title I of under an appropriation act for HUD, 58.40 Preparing the environmental the Housing and Community such as special projects under the head assessment. Development Act of 1974, in accordance ‘‘Annual Contributions for Assisted 58.41–58.42 [Reserved]. with section 104(g) (42 U.S.C. 5304(g)); Housing’’ in Title II of various 58.43 Dissemination and/or publication of (2) The Rental Rehabilitation program Departments of Veterans Affairs and the findings of no significant impact. 58.44 [Reserved]. and Housing Development Grant Housing and Urban Development, and 58.45 Public comment periods. program authorized by section 17 of the Independent Agencies Appropriations 58.46 Time delays for exceptional United States Housing Act of 1937, in Acts, in accordance with section 305(c) circumstances. accordance with sections 17(i)(1) and of the Multifamily Housing Property 58.47 Re-evaluation of assessment findings. 17(i)(2) with respect to projects and Disposition Reform Act of 1994 (42 58.48–58.51 [Reserved]. programs for which binding U.S.C. 3547); and Subpart FÐEnvironmental Review Process: commitments have been entered into (8) The FHA Multifamily Housing Environmental Impact Statement prior to October 1, 1991, since section Finance Agency Pilot Program under Determinations 17 was repealed by the Cranston- section 542(c) of the Housing and 58.52 Adoption of other agencies’ EISs. Gonzalez National Affordable Housing Community Development Act of 1992, 58.53 Use of prior environmental impact Act enacted November 28, 1990 (42 in accordance with section 542(c)(9)(12 statements. U.S.C. 1437o(i) (1) and (2). U.S.C. 1707 note). 58.54 [Reserved]. (3) The Emergency Shelter Grant Program, Supportive Housing program § 58.2 Terms, abbreviations and Subpart GÐEnvironmental Review Process: definitions. Procedures for Draft, Final and (and its predecessors, the Supportive Supplemental Environmental Impact Housing Demonstration program (both (a) For the purposes of this part, the Statements Transitional Housing and Permanent following definitions supplement the 58.55 Notice of intent to prepare an EIS. Housing for Homeless Persons with uniform terminology provided in 40 58.56 Scoping process. Disabilities) and Supplemental CFR part 1508: 58.57 Lead agency designation. Assistance for Facilities to Assist the (1) Activity means an action that a 58.58 [Reserved]. Homeless), Shelter Plus Care program, grantee or recipient puts forth as part of 58.59 Public hearings and meetings. Safe Havens for Homeless Individuals an assisted project, regardless of 58.60 Preparation and filing of whether its cost is to be borne by the environmental impact statements. Demonstration Program, and Rural 58.61–58.69 [Reserved]. Homeless Housing Assistance, HUD assistance or is an eligible expense authorized by title IV of the Stewart B. under the HUD assistance program. Subpart HÐRelease of Funds for Particular (2) Certifying officer means the official Projects McKinney Homeless Assistance Act, in accordance with section 443 (42 U.S.C. who is authorized to execute the 58.70 Notice of intent to request release of 11402); Request for Release of Funds and funds. (4) The HOME Investment Certification and has the legal capacity 58.71 Request for release of funds and to carry out the responsibilities of certification. Partnerships Program authorized by title 58.72 HUD or State actions on RROFs and II of the Cranston-Gonzalez National § 58.13. certifications. Affordable Housing Act (NAHA), in (3) Extraordinary circumstances 58.73 Objections to release of funds. accordance with section 288 (42 U.S.C. means a situation in which an 58.74 Time for objecting. 12838); environmental assessment (EA) or 58.75 Permissible bases for objections. (5) Grants to States and units of environmental impact statement (EIS) is 58.76 Procedure for objections. general local government for abatement not normally required, but due to 58.77 Effect of approval of certification. unusual conditions, an EA or EIS is 58.78–58.79 [Reserved]. of lead-based paint and lead dust hazards pursuant to title II of the appropriate. Indicators of unusual Authority: 12 U.S.C. 1707 note; 42 U.S.C. conditions are: 1437o(i) (1) and (2), 1437x, 3535(d), 3547, Departments of Veterans Affairs and 4332, 4852, 5304(g), 11402, and 12838; E.O. Housing and Urban Development and (i) Actions that are unique or without 11514, 35 FR 4247, 3 CFR, 1966–1970, Independent Agencies Appropriations precedent; Comp., p. 902, as amended by E.O. 11991, 42 Act, 1992, and grants for lead-based (ii) Actions that are substantially FR 26967, 3 CFR, 1977 Comp., p.123. paint hazard reduction under section similar to those that normally require an 1011 of the Housing and Community EIS; Subpart AÐPurpose, Legal Authority, Development Act of 1992, in accordance (iii) Actions that are likely to alter Federal Laws and Authorities with section 1011(o) (42 U.S.C. 4852(o)); existing HUD policy or HUD mandates; § 58.1 Purpose, scope and applicability. (6)(i) Public Housing Programs under or (a) Purpose. This part provides Title I of the United States Housing Act (iv) Actions that, due to unusual instructions and guidance to recipients of 1937, in accordance with section 26 physical conditions on the site or in the of HUD assistance and other responsible (42 U.S.C. 1437x); vicinity, have the potential for a entities for conducting an (ii) Indian Housing Programs under significant impact on the environment environmental review for a particular Title I of the United States Housing Act or in which the environment could have project or activity and for obtaining of 1937, including the Mutual Help a significant impact on users of the approval of a Request for Release of Program, in accordance with section 26 facility. Funds. (42 U.S.C. 1437x); and (4) Project means an activity, or a (b) Applicability. This part applies to (iii) Assistance administered by a group of integrally related activities, activities and projects where specific public housing agency or Indian designed by the recipient to accomplish, statutory authority exists for recipients housing authority under section 8 of the in whole or in part, a specific objective. or other responsible entities to assume United States Housing Act of 1937, (5) Recipient means any of the environmental responsibilities. except for assistance provided under 24 following entities, when they are Programs and activities subject to this CFR part 886, in accordance with eligible recipients or grantees under a part include: section 26 (42 U.S.C. 1437x). program listed in § 58.1(b): 49470 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules

(i) A State that does not distribute or if the project is located outside of a State distributes funds to a responsible HUD assistance under the program to a reservation, the Indian tribe that entity, the State must provide for unit of general local government; established the authority; and appropriate procedures by which these (ii) Guam, the Northern Mariana (E) For Indian housing authorities in responsible entities will evidence their Islands, the Virgin Islands, American Alaska, the Alaska native village in assumption of environmental Samoa, and Palau; whose community the project is located, responsibilities. (iii) A unit of general local or if HUD determines this infeasible, a (b) Particular responsibilities of the government; unit of general local government or the States. (1) States are recipients for (iv) An Indian tribe. State, as designated by HUD. purposes of directly undertaking a State (v)(A) With respect to Public Housing (8) Unit density refers to a change in project and must assume the Programs under § 58.1(b)(6)(i), a public the number of dwelling units. Where a environmental review responsibilities housing agency; threshold is identified as a percentage for the State’s activities and those of any (B) With respect to Indian Housing change in density that triggers review non-governmental entity that may Programs under § 58.1(b)(6)(ii), an requirements, no distinction is made participate in the project. In this case, Indian housing authority; between an increase or a decrease in the State must submit the certification (C) With respect to section 8 density. and RROF to HUD for approval. assistance under § 58.1(b)(6)(iii), a (9) Tiering means the evaluation of an (2) In accordance with § 58.18, State public housing agency or Indian action or an activity at various points in program agencies are authorized to housing authority; the development process as a proposal exercise HUD’s responsibilities with (vi) Any direct grantee of HUD for a or event becomes ripe for an respect to approval of a unit of local special project under § 58.1(b)(7); and Environment Assessment or Review. government’s environmental (vii) With respect to the FHA (10) Vacant building means a Multifamily Housing Finance Agency certification and RROF for a HUD habitable structure that has been vacant assisted project funded through the Pilot Program under § 58.1(b)(8), a for more than one year. qualified housing finance agency. State, except for projects assisted by (b) The following abbreviations are Section 17 Rental Rehabilitation (6) Release of funds. In the case of The used throughout this part: FHA Multifamily Housing Finance assistance and Housing Development CDBG—Community Development Block Agency Pilot Program under § 58.1(b)(8), Grants. Approval by the State of a unit Grant Release of Funds, as used in this part, of local government’s certification and CEQ—Council on Environmental refers to HUD issuance of a firm RROF satisfies the Secretary’s Quality approval letter, and Request for Release responsibilities under NEPA and the EA—Environmental Assessment of Funds refers to a recipient’s request related laws cited in § 58.5. EIS—Environmental Impact Statement (3) For section 17 Rental for a firm approval letter. EPA—Environmental Protection Agency (7) Responsible entity means: Rehabilitation projects and Housing ERR—Environmental Review Record (i) With respect to environmental Development Grants, the State program FONSI—Finding of No Significant responsibilities under programs listed in agency shall meet the responsibilities Impact § 58.1(b) (1) through (5), a recipient set forth in § 58.18. However, for section HUD—Department of Housing and under the program. 17 projects, the State lacks authority to Urban Development (ii) With respect to environmental approve RROFs and therefore must NAHA—Cranston-Gonzalez National responsibilities under the programs forward to the responsible HUD Field Affordable Housing Act of 1990 listed in § 58.1(b) (6) through (8), a Office the local recipient’s certification NEPA—National Environmental Policy State, unit of general local government, and RROF, any objections to the release Act of 1969, as amended Indian tribe or Alaska native village, of funds submitted by another party, NOI/EIS—Notice of Intent to Prepare an when it is the recipient under the and the State’s recommendation as to EIS program. Non-recipient responsible whether HUD should approve the NOI/RROF—Notice of Intent to Request entities are designated as follows: certification and the RROF. Release of Funds (A) For qualified housing finance ROD—Record of Decision § 58.5 Related Federal laws and agencies, the State or a unit of general ROF—Release of Funds authorities. local government, Indian tribe or Alaska RROF—Request for Release of Funds native village whose jurisdiction In accordance with the provisions of contains the project site; § 58.3 [Reserved]. law cited in § 58.1(b), the responsible (B) For public housing agencies, the entity must assume responsibilities for unit of general local government within § 58.4 Assumption authority. environmental review, decision-making which the project is located that (a) Assumption authority for and action that would apply to HUD exercises land use responsibility, or if responsible entities: General. under the following specified laws and HUD determines this infeasible, the Responsible entities shall assume the authorities. The responsible entity must county, or if HUD determines this responsibility for environmental review, certify that it has complied with the infeasible, the State; decision-making, and action that would requirements that would apply to HUD (C) For non-profit organizations and otherwise apply to HUD under NEPA under these laws and authorities and other entities, the unit of general local and other provisions of law that further must consider the criteria, standards, government, Indian tribe or Alaska the purposes of NEPA, as specified in policies and regulations of these laws native village within which the project § 58.5. Responsible entities that receive and authorities. is located that exercises land use assistance directly from HUD assume (a) Historic properties. (1) The responsibility, or if HUD determines these responsibilities by execution of a National Historic Preservation Act of this infeasible, the county, or if HUD grant agreement with HUD and/or a 1966 as amended (16 U.S.C. 470 et seq.), determines this infeasible, the State; legally binding document such as the particularly sections 106 and 110 (16 (D) For Indian housing authorities certification contained on HUD Form U.S.C. 470 and 4–70h–2), except as (outside of Alaska), the Indian tribe in 7015.15, certifying to the assumption of provided in § 58.17 for Section 17 whose jurisdiction the project is located, environmental responsibilities. When a projects. Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49471

(2) Executive Order 11593, Protection (i) HUD environmental standards. (3) Paragraph (a) of this section does and Enhancement of the Cultural Applicable criteria and standards not apply to Federal formula grants Environment, May 13, 1971 (36 FR specified in HUD environmental made to a State. 8921) particularly section 2(c). regulations (24 CFR part 51) (other than (b) Pursuant to the Coastal Barrier (3) Federal historic preservation the runway clear zone and clear zone Resources Act, as amended by the regulations as follows: notification requirement in 24 CFR Coastal Barrier Improvement Act of (i) 36 CFR part 800 with respect to 51.303 (a)(3)) and HUD Notice 79–33, 1990 (16 U.S.C. 3501), HUD assistance HUD programs other than Urban Policy Guidance to Address the may not be used for most activities Development Action Grants (UDAG); Problems Posed by Toxic Chemicals and proposed in the Coastal Barrier and Radioactive Materials, September 10, Resources System. (ii) 36 CFR part 801 with respect to 1979). (c) In all cases involving HUD UDAG. (j) Environmental justice. Executive assistance, subsidy, or insurance for the (4) The Reservoir Salvage Act of 1960 Order 12898—Federal Actions to purchase or sale of an existing property (16 U.S.C. 469 et seq); particularly Address Environmental Justice in in a Runway Clear Zone or Clear Zone, section 3 (16 U.S.C. 469a–1); as Minority Populations and Low-Income as defined in 24 CFR part 51, the amended by the Archeological and Populations, February 11, 1994 (59 FR responsible entity shall advise the buyer Historic Preservation Act of 1974. 7629.) that the property is in a runway clear (b) Floodplain management and § 58.6 Other requirements. zone or clear zone, what the wetland protection. (1) Executive Order implications of such a location are, and 11988, Floodplain Management, May In addition to the duties under the laws and authorities specified in § 58.5 that there is a possibility that the 24, 1977 (42 FR 26951), as interpreted property may, at a later date, be in HUD regulations at 24 CFR part 55, for assumption by the responsible entity under the laws cited in § 58.1(b), the acquired by the airport operator. The particularly section 2 (a) of the order buyer must sign a statement (For an explanation of relationship responsible entity must comply with the following requirements. Applicability of acknowledging receipt of this between the decision-making process in information. 24 CFR part 55 and this part, see § 55.10 the following requirements does not of this subtitle.) trigger the certification and release of §§ 58.7±58.9 [Reserved] (2) Executive Order 11990, Protection funds procedure under this part or of Wetlands, May 24, 1977 (42 FR preclude exemption of an activity under Subpart BÐGeneral Policy: 26961) particularly sections 2 and 5. § 58.34(a)(11) and/or the applicability of Responsibilities of Responsible (c) Coastal Zone Management. The § 58.35(b). However, the responsible Entities Coastal Zone Management Act of 1972 entity remains responsible for addressing the following requirements § 58.10 Basic environmental (16 U.S.C. 1451 et seq.), as amended responsibility. particularly section 307 (c) and (d) (16 in its ERR and meeting these U.S.C. 1456 (c) and (d)). requirements, where applicable, In accordance with the provisions of (d) Sole source aquifers. (1) The Safe regardless of whether the activity is law cited in § 58.1(b), the responsible Drinking Water Act of 1974 (42 U.S.C. exempt under § 58.34 or categorically entity must assume the environmental 201, 300(f) et seq., and 21 U.S.C. 349) excluded under § 58.35 (a) or (b). responsibilities for projects under as amended; particularly section 1424(e) (a)(1) Under the Flood Disaster programs cited in § 58.1(b), and in doing (42 U.S.C. 300h–3(e)). Protection Act of 1973, as amended (42 so must comply with the provisions of (2) Sole Source Aquifers U.S.C. 4001–4128), Federal financial NEPA and the CEQ regulations (Environmental Protection Agency)— 40 assistance for acquisition and contained in 40 CFR parts 1500 through CFR part 149. construction purposes (including 1508, including the procedures set forth (e) Endangered species. The rehabilitation) may not be used in an in this part. This includes responsibility Endangered Species Act of 1973 (16 area identified by the Federal for compliance with the applicable U.S.C. 1531 et seq) as amended Emergency Management Agency provisions and requirements of the particularly section 7 (16 U.S.C. 1536)). (FEMA) as having special flood hazards, Federal laws and authorities specified (f) Wild and scenic rivers. The Wild unless: in § 58.5. The provisions of the CEQ and Scenic Rivers Act of 1968 (16 U.S.C. (i) The community in which the area regulations in 40 CFR parts 1500 1271 et seq) as amended particularly is situated is participating in the through 1508 are incorporated by section 7 (b) and (c) (16 U.S.C. 1278 (b) National Flood Insurance Program (see reference into this part. and (c)). 44 CFR parts 59 through 79), or less § 58.11 Legal capacity and performance. (g) Air quality. (1) The Clean Air Act than one year has passed since the (42 U.S.C. 7401 et. seq.) as amended; FEMA notification regarding such (a) A responsible entity which particularly section 176 (c) and (d) (42 hazards; and believes that it does not have the legal U.S.C. 7506 (c) and (d)). (ii) Flood insurance protection is to be capacity to carry out the environmental (2) Determining Conformity of Federal obtained as a condition of the approval responsibilities required by this part Actions to State or Federal of financial assistance to the property should contact the appropriate local Implementation Plans (Environmental owner. HUD Office or the State for further Protection Agency)—40 CFR parts 6, 51, (2) Where a recipient provides instructions. Determinations of legal and 93. financial assistance for acquisition or capacity will be made on a case-by-case (h) Farmlands protection. (1) construction purposes (including basis. Farmland Protection Policy Act of 1981 rehabilitation) for property located in an (b) If a public housing, Indian (7 U.S.C. 4201 et seq.) particularly area identified by FEMA as having housing, or special project recipient sections 1540(b) and 1541 (7 U.S.C. special flood hazards, the responsible objects to the non-recipient responsible 4201(b) and 4202). entity is responsible for assuring that entity conducting the environmental (2) Farmland Protection Policy flood insurance under the National review on the basis of performance, (Department of Agriculture)—(7 CFR Flood Insurance Program is obtained timing, or compatibility of objectives, part 658). and maintained. HUD will review the facts to determine 49472 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules who will perform the environmental entity must prepare its EAs and EISs so § 58.18 Responsibilities of States review. that they comply with the Assuming HUD Responsibilities. (c) At any time, HUD may reject the environmental review requirements of (a) States that elect to administer a use of a responsible entity to conduct both Federal and State laws unless HUD program shall ensure that the the environmental review in a particular otherwise specified or provided by law. program complies with the provisions of case on the basis of performance, timing State, Federal and local agencies may this part. The State must: or compatibility of objectives, or in participate or act in a joint lead or (1) Designate the State agency or accordance with § 58.77(d)(1). cooperating agency capacity in the agencies which will be responsible for (d) If a responsible entity, other than preparation of joint EISs (see 40 CFR carrying out the requirements and a recipient, objects to performing an 1501.5(b) and 1501.6). A single EIS may administrative responsibilities set forth environmental review, or if HUD be prepared and adopted by multiple in subpart H and which will: determines that the responsible entity users to the extent that the review (i) Develop a monitoring and should not perform the environmental addresses the relevant environmental enforcement program for post-review review, HUD may designate another issues and there is a written agreement actions on environmental reviews and responsible entity to conduct the review between the cooperating agencies which monitor compliance with any in accordance with this part or may sets forth the coordinated and overall environmental conditions included in itself conduct the environmental review responsibilities. the award. in accordance with the provisions of 24 (ii) Receive public notices, RROFs and CFR part 50. § 58.15 Tiering. certifications from recipients pursuant to §§ 58.70 and 58.71; accept objections § 58.12 Technical and administrative Responsible entities may tier their from the public and from other agencies capacity. environmental reviews and assessments (§ 58.73); and perform other related The responsible entity must develop to eliminate repetitive discussions of the responsibilities regarding releases of the technical and administrative same issues at subsequent levels of funds. capability necessary to comply with 40 review. Tiering is appropriate when (2) Fulfill the State role in Subpart H CFR parts 1500 through 1508 and the there is a requirement to evaluate a relative to the time period set for the procedures of this part. policy or proposal in the early stages of receipt and disposition of comments, § 58.13 Responsibilities of the certifying development or when site-specific objections and appeals (if any) on officer. analysis or mitigation is not currently particular projects. Under the terms of the certification feasible and a more narrow or focused (b) States administering section 17 required by § 58.71, a responsible analysis is better at a later date. The site Programs shall assume the entity’s certifying officer is the specific review need only reference or responsibilities set forth in this section ‘‘responsible Federal official’’ as that summarize the issues addressed in the for overseeing the State recipient’s term is used in section 102 of NEPA and broader review. The broader review performance and compliance with in statutory provisions cited in § 58.1(b). should identify and evaluate those NEPA and related Federal authorities as The Certifying Officer is therefore issues ripe for decision and exclude set forth in this part, including receiving responsible for all the requirements of those issues not relevant to the policy, RROFs and environmental certifications section 102 of NEPA and the related program or project under consideration. for particular projects from State provisions in 40 CFR parts 1500 through The broader review should also recipients and objections from 1508, and 24 CFR part 58, including the establish the policy, standard or process government agencies and the public in related Federal authorities listed in to be followed in the site specific accordance with the procedures § 58.5 of this part. The Certifying Officer review. The Finding of No Significant contained in subpart H of this part. The must also: Impact (FONSI) with respect to the State shall forward to the responsible (a) Represent the responsible entity broader assessment shall include a HUD Field Office the environmental and be subject to the jurisdiction of the summary of the assessment and identify certification, the RROF and any Federal courts. The Certifying Officer the significant issues to be considered in objections received, and shall will not be represented by the site specific reviews. Subsequent site- recommend whether to approve or Department of Justice in court; and specific reviews will not require notices disapprove the certification and RROF. (b) Ensure that the responsible entity or a Request for Release of Funds unless §§ 58.19±58.20 [Reserved]. reviews and comments on all EISs the Certifying Officer determines that prepared for Federal projects that may there are unanticipated impacts or Subpart CÐGeneral Policy: have an impact on the recipient’s impacts not adequately addressed in the Environmental Review Procedures program. prior review. A tiering approach can be used for meeting environmental review § 58.21 Time periods. § 58.14 Interaction with State, Federal and requirements in areas designated for All time periods in this part shall be non-Federal entities. special focus in local Consolidated counted in calendar days. The first day A responsible entity shall consult, as Plans. Local and State Governments are of a time period begins at 12:01 a.m. appropriate, environmental agencies, encouraged to use the Consolidated Plan local time on the day following the State, Federal and non-Federal entities process to facilitate environmental publication date of the notice which and the public in the preparation of an reviews. initiates the time period. EIS, EA or other environmental reviews undertaken under the related laws and § 58.16 [Reserved]. § 58.22 Limitations on activities pending authorities cited in § 58.5 and § 58.6. clearance. The responsible entity must also § 58.17 Historic Preservation requirements (a) A recipient may not commit HUD for prior Section 17 grants. cooperate with other agencies to reduce assistance funds under a program listed duplication between NEPA and A recipient of a section 17 grant shall in § 58.1(b) on an activity or project comparable environmental review comply with the historic preservation until HUD or the State has approved the requirements of the State (see 40 CFR requirements of this part and existing recipient’s RROF and the related 1506.2 (b) and (c)). The responsible grant agreements. certification of the responsible entity. In Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49473 addition, until the RROF and related all individual activities which are § 58.33 Emergencies. certification has been approved, the related either on a geographical or (a) In the cases of emergency, disaster recipient may not commit local (non- functional basis, or are logical parts of or imminent threat to health and safety HUD) funds on an activity or project a composite of contemplated actions. which warrant the taking of an action under a program listed in § 58.1(b) if the (b) In deciding the most appropriate with significant environmental impact, activity or project would have an basis for aggregation when evaluating the provisions of 40 CFR 1506.11 shall adverse environmental impact or limit activities under more than one program, apply. the choice of reasonable alternatives. If the responsible entity may choose: (b) If funds are needed on an an activity is exempt under § 58.34, or Functional aggregation when a specific emergency basis and when adherence to not subject to § 58.5 under § 58.35(b), no type of activity (e.g., water separate comment periods would RROF is required and a recipient may improvements) is to take place in prevent the giving of assistance, the undertake the activity immediately after several separate locales or jurisdictions; combined Notice of FONSI and the the award of the assistance. geographic aggregation when a mix of Notice of the Intent to Request Release (b) An option agreement on a dissimilar but related activities is to be of Funds may be disseminated and/or proposed site or property is allowable concentrated in a fairly specific project published simultaneously with the prior to the completion of the area (e.g., a combination of water, sewer submission of the Request for Release of environmental review if the option and street improvements and economic Funds (RROF). The combined Notice of agreement is subject to a determination development activities); or a FONSI and NOI/ROF shall state that the by the recipient on the desirability of combination of aggregation approaches, funds are needed on an immediate the property for the project as a result which, for various project locations, emergency basis due to a Presidentially of the completion of the environmental considers the impacts arising from each declared disaster and that the comment review in accordance with 24 CFR part functional activity and its periods have been combined. The 58 and its cost is fully refundable. There interrelationship with other activities. Notice shall also invite commenters to is no constraint on the purchase of an submit their comments to both HUD and (c) The purpose of project aggregation option by third parties that have not the responsible entity issuing the notice is to group together related activities so been selected for HUD funding, have no to assure that these comments will that the responsible entity can: responsibility for the environmental receive full consideration. review and have no say in the approval (1) Address adequately and analyze, or disapproval of the project. in a single environmental review, the § 58.34 Exempt activities. (c) Relocation Costs. Relocation costs separate and combined impacts of (a) A responsible entity does not have may be incurred before the approval of activities that are similar, connected and to comply with the environmental the RROF and related certification for closely related, or that are dependent requirements of this part or undertake the project provided that they are upon other activities and actions. (See any environmental review, consultation required by 24 CFR part 42. 40 CFR 1508.25(a)). or other action under NEPA and the (2) Consider reasonable alternative other provisions of law or authorities § 58.23 Financial assistance for courses of action. cited in § 58.5 for the activities exempt environmental review. by this section or projects consisting (3) Schedule the activities to resolve The costs of environmental reviews, solely of the following exempt activities: conflicts or mitigate the individual, including costs incurred in complying (1) Environmental and other studies, combined and/or cumulative effects. with any of the related laws and resource identification and the authorities cited in § 58.5 and § 58.6, are (4) Prescribe mitigation measures and development of plans and strategies; eligible project costs to the extent safeguards including project alternatives (2) Information and financial services; allowable under the HUD assistance and modifications to individual (3) Administrative and management program regulations. activities. activities; (d) Multi-year project aggregation. (4) Public services that will not have §§ 58.24±58.29 [Reserved] (1) Release of funds. When a a physical impact or result in any physical changes, including but not Subpart DÐEnvironmental Review recipient’s planning and program limited to services concerned with Process: Documentation, Range of development provide for activities to be employment, crime prevention, child Activities, Project Aggregation and implemented over two or more years, care, health, drug abuse, education, Classification the responsible entity’s environmental review should consider the relationship counseling, energy conservation and § 58.30 Environmental Review Process. among all component activities of the welfare or recreational needs; (5) Inspections and testing of The environmental review process multi-year project regardless of the properties for hazards or defects; consists of all the actions that a source of funds and address and (6) Purchase of insurance; responsible entity must take to evaluate their cumulative determine compliance with NEPA and (7) Purchase of tools; environmental effects. The full schedule (8) Engineering or design costs; related provisions of law and this part. of all the aggregated activities and the (9) Technical assistance and training; The environmental review process estimated cost of the total project must (10) Assistance for any temporary includes all the compliance actions be listed and described by the improvements or for permanent needed for other activities and projects responsible entity in the environmental improvements that do not alter that are not assisted by HUD but are review and included in the RROF. The environmental conditions and are aggregated by the responsible entity in release of funds will cover the entire limited to protection, repair or accordance with § 58.32. project period. restoration activities necessary only to § 58.31 [Reserved] (2) When one or more of the control or arrest the effects from conditions described in § 58.47 exists, disasters, imminent threats or physical § 58.32 Project aggregation. the recipient or other responsible entity deterioration; (a) A responsible entity must group must re-evaluate the environmental (11) Any of the categorical exclusions together and evaluate as a single project review. listed in § 58.35(a) provided that there 49474 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules are no circumstances which require size or capacity by more than 20 (6) Affordable housing pre- compliance with any other Federal laws percent; and development costs including legal, and authorities cited in § 58.5. (B) The activity does not involve a consulting, developer and other costs (b) A recipient does not have to change in land use, such as from non- related to obtaining site control, project submit an RROF and certification, and residential to residential, commercial to financing, loan commitments, zoning no further approval from HUD or the industrial, or from one industrial use to approvals, and other related activities State will be needed by the recipient for another. which do not have a physical impact. the drawdown of funds to carry out (4) An individual action on a one - to (c) Circumstances requiring NEPA exempt activities and projects. However, four-family dwelling or an individual review. If a responsible entity the responsible entity must document in action on a project of five or more units determines that an activity or project writing its determination that each developed on scattered sites when the identified in paragraph (a) or (b) of this activity or project is exempt and meets sites are more than 2,000 feet apart and section, because of extraordinary the conditions specified for such there are not more than four units on circumstances and conditions at or exemption under this section. any one site. affecting the location of the activity or (5) Acquisition or disposition of an project, may have a significant § 58.35 Categorical exclusions. existing structure or acquisition of environmental effect, it shall comply Categorical exclusion refers to a vacant land provided that the structure with all the requirements of this part. category of activities for which no or land acquired or disposed of will be (d) The Environmental Review Record environmental impact statement or retained for the same use. (ERR) must contain a well organized environmental assessment and finding (b) Categorical exclusions not subject written record of the process and of no significant impact under NEPA is to § 58.5. The Department has determinations made under this section. required, except in extraordinary determined that the following circumstances (see § 58.2(a)(3)) in which categorically excluded activities would § 58.36 Environmental assessments. a normally excluded activity may have not alter any conditions that would If a project is not exempt or a significant impact. Compliance with require a review or compliance categorically excluded under §§ 58.34 the other applicable Federal determination under the Federal laws and 58.35, the responsible entity must environmental laws and authorities and authorities cited in § 58.5. When the prepare an EA in accordance with listed in § 58.5 is required for any following kinds of activities are subpart E of this part. If it is evident categorical exclusion listed in paragraph undertaken, the responsible entity does without preparing an EA that an EIS is (a) of this section. not have to publish a NOI/RROF or required under § 58.37, the responsible (a) Categorical exclusions subject to execute a certification and the recipient entity should proceed directly to an EIS. § 58.5. The following activities are does not have to submit a RROF to HUD categorically excluded under NEPA, but (or the State) except in the § 58.37 Environmental impact statement determinations. may be subject to review under circumstances described in paragraph authorities listed in § 58.5: (c) of this section. Following the award (a) An EIS is required when the (1) Acquisition, repair, reconstruction, of the assistance, no further approval project is determined to have a or rehabilitation of public facilities and from HUD or the State will be needed potentially significant impact on the improvements (other than buildings) with respect to environmental human environment. when the facilities and improvements requirements, except where paragraph (b) An EIS is required under any of are in place and will be retained in the (c) of this section applies. The recipient the following circumstances, except as same use without change in size or remains responsible for carrying out any provided in paragraph (c) of this capacity of more than 20 percent (e.g., applicable requirements under § 58.6. section: replacement of water or sewer lines, (1) Tenant-based rental assistance; (1) The project would provide a site reconstruction of curbs and sidewalks, (2) Supportive services including, but or sites for, or result in the construction repaving of streets). not limited to, health care, housing of, hospitals or nursing homes (2) Special projects directed to the services, permanent housing placement, containing a total of 2,500 or more beds. removal of material and architectural day care, nutritional services, short-term (2) The project would remove, barriers that restrict the mobility of and payments for rent/mortgage/utility demolish, convert or substantially accessibility to elderly and handicapped costs, and assistance in gaining access to rehabilitate 2,500 or more existing persons. local, State, and Federal government housing units (but not including (3) Rehabilitation of buildings and benefits and services; rehabilitation projects categorically improvements when the following (3) Operating costs including excluded under § 58.35), or would result conditions are met; maintenance, security, operation, in the construction or installation of (i) In the case of multifamily utilities, furnishings, equipment, 2,500 or more housing units, or would residential buildings: supplies, staff training and recruitment provide sites for 2,500 or more housing (A) Unit density is not changed more and other incidental costs; units. than 20 percent; (4) Economic development activities, (3) The project would provide enough (B) The project does not involve including but not limited to, equipment additional water and sewer capacity to changes in land use (from residential to purchase, inventory financing, interest support 2,500 or more additional non-residential); and subsidy, operating expenses and similar housing units. The project does not have (C) The estimated cost of costs not associated with construction to be specifically intended for rehabilitation is less than 75 percent of or expansion of existing operations; residential use nor does it have to be the total estimated cost of replacement (5) Activities to assist homeownership totally new construction. If the project after rehabilitation. of existing dwelling units, including is designed to provide upgraded service (ii) In the case of non-residential closing costs and down payment to existing development as well as to structures, including commercial, assistance to home buyers, interest serve new development, only that industrial, and public buildings: buydowns and similar activities that portion of the increased capacity which (A) The facilities and improvements result in the transfer of title to a is intended to serve new development are in place and will not be changed in property; should be counted. Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49475

(c) If, on the basis of an EA, a studies prepared for the recipient that § 58.41±58.42 [Reserved]. responsible entity determines that the are not otherwise generally available for thresholds in paragraph (b) of this public review shall not be incorporated § 58.43 Dissemination and/or publication of the findings of no significant impact. section are the sole reason for the EIS, by reference but shall be included in the the responsible entity may prepare a ERR. (a) If the responsible entity makes a FONSI pursuant to 40 CFR 1501.4. In finding of no significant impact, it must such cases, the FONSI must be made § 58.39 [Reserved]. prepare a FONSI notice, using the available for public review for at least Subpart EÐEnvironmental Review current HUD-recommended format or an 30 days before the responsible entity Process: Environmental Assessments equivalent format. As a minimum, the makes the final determination whether (EA's) responsible entity must send the FONSI to prepare an EIS. notice to individuals and groups known (d) Notwithstanding paragraphs (a) § 58.40 Preparing the environmental to be interested in the activities, to the through (c) of this section, an EIS is not assessment. local news media, to appropriate tribal, required where § 58.53 is applicable. The responsible entity may prepare local, State and Federal agencies; to the (e) Recommended EIS Format. The the EA using the HUD recommended Regional Offices of the Environmental responsible entity must use the EIS format. In preparing an EA for a Protection Agency having jurisdiction format recommended by the CEQ particular project, the responsible entity and to the HUD Field Offices. The regulations (40 CFR 1502.10) unless a must: responsible entity may also publish the determination is made on a particular FONSI notice in a newspaper of general project that there is a compelling reason (a) Determine existing conditions and describe the character, features and circulation in the affected community. If to do otherwise. In such a case, the EIS the notice is not published, it must also format must meet the minimum resources of the project area and its surroundings; identify the trends that be prominently displayed in public requirements prescribed in 40 CFR buildings, such as the local Post Office 1502.10. are likely to continue in the absence of the project. and within the project area or in accordance with procedures established § 58.38 Environmental review record. (b) Identify all potential as part of the affected community’s The responsible entity must maintain environmental impacts, whether citizen participation process. a written record of the environmental beneficial or adverse, and the conditions review undertaken under this part for that would change as a result of the (b) The responsible entity may each project. This document will be project. disseminate or publish a FONSI notice designated the ‘‘Environmental Review (c) Identify, analyze and evaluate all at the same time it disseminates or Record’’ (ERR), and shall be available impacts to determine the significance of publishes the NOI/RROF required by for public review. The responsible their effects on the human environment § 58.70. If the notices are released as a entity must use the current HUD- and whether the project will require combined notice, the combined notice recommended formats or develop further compliance under related laws shall: equivalent formats. and authorities cited in § 58.5 and (1) Clearly indicate that it is intended (a) ERR Documents. The ERR shall § 58.6. to meet two separate procedural contain all the environmental review requirements; and documents, public notices and written (d) Examine and recommend feasible determinations or environmental ways in which the project or external (2) Advise the public to specify in findings required by this part as factors relating to the project could be their comments which ‘‘notice’’ their evidence of review, decisionmaking and modified in order to eliminate or comments address. minimize adverse environmental actions pertaining to a particular project (c) The responsible entity must impacts. of a recipient. The document shall: consider the comments and make (1) Describe the project and the (e) Examine alternatives to the project modifications, if appropriate, in activities that the recipient has itself, if appropriate, including the response to the comments, before it determined to be part of the project; alternative of no action. completes its environmental (2) Evaluate the effects of the project (f) Complete all environmental review certification and before the recipient or the activities on the human requirements necessary for the project’s submits its RROF. In Presidentially environment; compliance with applicable authorities declared disaster areas, modifications (3) Document compliance with cited in §§ 58.5 and 58.6. resulting from public comment, if applicable statutes and authorities, in (g) Based on steps set forth in appropriate, must be made before particular those cited in § 58.5 and 58.6; paragraph (a) through (f) of this section, proceeding with the expenditure of and make one of the following findings: funds. (4) Record the written determinations and other review findings required by (1) A Finding of No Significant Impact § 58.44 [Reserved]. this part (e.g., exempt and categorically (FONSI), in which the responsible entity excluded projects determinations, determines that the project is not an § 58.45 Public comment periods. findings of no significant impact). action that will result in a significant impact on the quality of the human (a) Notice of finding of no significant (b) Other documents and information. impact: 15 days from date of publication The ERR shall also contain verifiable environment. The responsible entity may then proceed to § 58.43. or if no publication, 18 days from the source documents and relevant base date of mailing and posting. data used or cited in EAs, EISs or other (2) A finding of significant impact, in project review documents. These which the project is deemed to be an (b) Notice of intent to request release documents may be incorporated by action which may significantly affect of funds: 7 days from date of publication reference into the ERR provided that the quality of the human environment. or if no publication, 10 days from date each source document is identified and The responsible entity must then of mailing and posting. available for inspection by interested proceed with its environmental review (c) Concurrent or Combined notices: parties. Proprietary material and special under subparts F or G of this part. Same as FONSI notice. 49476 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules

§ 58.46 Time delays for exceptional §§ 58.48±58.51 [Reserved]. for the site and with the timing and circumstances. capacity of the circulation, utility, and Subpart FÐEnvironmental Review The responsible entity must make the other supporting infrastructure Process: Environmental Impact assumptions in the prior EIS; FONSI available for public comments Statement Determinations for 30 days before the recipient files the (4) Documentation showing that RROF when: § 58.52 Adoption of other agencies' EISs. where the previous EIS called for (a) There is a considerable interest or The responsible entity may adopt a mitigating measures or other corrective action, these are completed to the extent controversy concerning the project; draft or final EIS prepared by another agency provided that the EIS was reasonable given the current state of (b) The proposed project is similar to prepared in accordance with 40 CFR development. other projects that normally require the parts 1500 through 1508. If the (b) The prior final EIS has been filed preparation of an EIS; or responsible entity adopts an EIS within five (5) years, and updated as (c) The project is unique and without prepared by another agency, the follows: precedent. procedure in 40 CFR 1506.3 shall be followed. An adopted EIS may have to (1) The EIS has been updated to § 58.47 Re-evaluation of assessment be revised and modified to adapt it to reflect any significant revisions made to findings. the particular environmental conditions the assumptions under which the original EIS was prepared; (a) A responsible entity must re- and circumstances of the project if these evaluate the EA findings when: are different from the project reviewed (2) The EIS has been updated to in the EIS. In such cases the responsible reflect new environmental issues and (1) The recipient proposes substantial entity must prepare, circulate, and file data or legislation and implementing changes in the nature, magnitude or a supplemental draft EIS in the manner regulations which may have significant extent of the project, including adding prescribed in § 58.64 and otherwise environmental impact on the project new activities not anticipated in the comply with the clearance and time area covered by the prior EIS. original scope of the project and its cost requirements of the EIS process, except (c) There is no litigation pending in estimate; that scoping requirements under 40 CFR connection with the prior EIS, and no (2) There are new circumstances and 1501.7 shall not apply. The agency that final judicial finding of inadequacy of environmental conditions which may prepared the original EIS should be the prior EIS has been made. affect the project or have a bearing on informed that the responsible entity its impact, such as concealed or intends to amend and adopt the EIS. § 58.54 [Reserved] unexpected conditions discovered The responsible entity may adopt an EIS Subpart GÐEnvironmental Review during the implementation of the when it acts as a cooperating agency in Process: Procedures for Draft, Final project or activity which is proposed to its preparation under 40 CFR 1506.3. and Supplemental Environmental be continued; or The responsible entity is not required to re-circulate or file the EIS, but must Impact Statements (3) The recipient proposes the complete the clearance process for the selection of an alternative not RROF. The decision to adopt an EIS § 58.55 Notice of intent to prepare an EIS. considered in the original EA. shall be made a part of the project ERR. As soon as practicable after the (b) The purpose of the responsible responsible entity decides to prepare an § 58.53 Use of prior environmental impact entity’s re-evaluation of the EA is to statements. EIS, it must publish a NOI/EIS, using determine if the FONSI is still valid. If the HUD recommended format and Where any final EIS has been listed in the FONSI is still valid but the data or disseminate it in the same manner as the Federal Register for a project required by 40 CFR parts 1500 through conditions upon which it was based pursuant to this part, or where an 1508. have changed, the responsible entity areawide or similar broad scale final EIS must amend the original assessment and has been issued and the EIS anticipated § 58.56 Scoping process. update its ERR by including this re- a subsequent project requiring an evaluation and its determination based environmental clearance, then no new The determination on whether or not on its findings. If the responsible entity EIS is required for the subsequent to hold a scoping meeting will depend determines that the FONSI is no longer project if all the following conditions on the same circumstances and factors valid, it must prepare an EA or an EIS are met: as for the holding of public hearings if its evaluation indicates potentially (a) The ERR contains a decision based under § 58.59. The responsible entity significant impacts. Where the recipient on a finding pursuant to § 58.40 that the must wait at least 15 days after is not the responsible entity, the proposed project is not a new major publishing the NOI/EIS before holding a recipient must inform the responsible Federal action significantly affecting the scoping meeting. entity promptly of any proposed quality of the human environment. The § 58.57 Lead agency designation. substantial changes under paragraph decision shall include: (a)(1) of this section, new circumstances (1) References to the prior EIS and its If there are several agencies ready to or environmental conditions under evaluation of the environmental factors assume the lead role, the responsible paragraph (a)(2) of this section, or any affecting the proposed subsequent entity must make its decision based on proposals to select a different alternative action subject to NEPA; the criteria in 40 CFR 1501.5(c). If the under paragraph (a)(3) of this section, (2) An evaluation of any responsible entity and a Federal agency and must then permit the responsible environmental factors which may not are unable to reach agreement, then the entity to re-evaluate the EA before have been previously assessed, or which responsible entity must notify HUD (or proceeding. may have significantly changed; the State, where applicable). HUD (or (3) An analysis showing that the the State) will assist in obtaining a proposed project is consistent with the determination based on the procedure location, use, and density assumptions set forth in 40 CFR 1501.5(e). Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49477

§ 58.58 [Reserved] §§ 58.61±58.69 [Reserved] § 58.72 HUD or State Actions on RROFs and Certifications. § 58.59 Public hearings and meetings. Subpart HÐRelease of Funds for The actions which HUD (or a State) (a) Factors to consider. In determining Particular Projects may take with respect to a recipient’s whether or not to hold public hearings environmental certification and RROF in accordance with 40 CFR 1506.6, the § 58.70 Notice of intent to request release are as follows: responsible entity must consider the of funds. (a) In the absence of any receipt of following factors: The NOI/RROF must be disseminated objection to the contrary, except as (1) The magnitude of the project in and/or published in the manner provided in paragraph (b) of this terms of economic costs, the geographic prescribed by § 58.43 and § 58.45 before section, HUD (or the State) will assume area involved, and the uniqueness or the certification is signed by the the validity of the certification and size of commitment of resources responsible entity. RROF and will approve these involved. documents after expiration of the 15-day (2) The degree of interest in or § 58.71 Request for release of funds and period prescribed by statute. controversy concerning the project. certification. (b) HUD (or the State) may disapprove a certification and RROF if it has (3) The complexity of the issues and (a) The RROF and certification shall knowledge that the responsible entity the likelihood that information will be be sent to the appropriate HUD Field has not complied with the items in presented at the hearing which will be Office (or the State, if applicable), § 58.75, or that the RROF and of assistance to the responsible entity. except as provided in paragraph (b) of certification are inaccurate. (4) The extent to which public this section. This request shall be (c) In cases in which HUD has involvement has been achieved through executed by the Certifying Officer. The approved a certification and RROF but other means. request shall describe the specific subsequently learns (e.g., through (b) Procedure. All public hearings project and activities covered by the monitoring) that the recipient violated must be preceded by a notice of public request and contain the certification § 58.22 or the recipient or responsible hearing, which must be published and required under the applicable statute entity otherwise failed to comply with disseminated in the same manner as the cited in § 58.1(b). The RROF and a clearly applicable environmental FONSI Notice (See § 58.43). The public certification must be in a form specified authority, HUD shall impose hearing notice must be published at by HUD. appropriate remedies and sanctions in least 15 days before the hearing date. (b) When the responsible entity is accord with the law and regulations for The Notice must: the program under which the violation conducting an environmental review on (1) State the date, time, place, and was found. behalf of a recipient, as provided for in purpose of the hearing or meeting. § 58.10, the recipient must provide the § 58.73 Objections to release of funds. (2) Describe the project, its estimated responsible entity with all available costs, and the project area. HUD (or the State) will not approve project and environmental information the ROF for any project before 15 (3) State that persons desiring to be and refrain from undertaking any calendar days have elapsed from the heard on environmental issues will be physical activities or choice limiting time of receipt of the RROF and the afforded the opportunity to be heard. actions until HUD (or the State, if certification or from the time specified (4) State the responsible entity’s name applicable), has approved its request for in the notice published pursuant to and address and the name and address release of funds. The certification form § 58.70, whichever is later. Any person of its Certifying Officer. executed by the responsible entity’s or agency may object to a recipient’s (5) State what documents are certifying officer shall be sent to the RROF and the related certification. available, where they can be obtained, recipient that is to receive the assistance However, the objections must meet the and any charges that may apply. along with a description of any special conditions and procedures set forth in § 58.60 Preparation and filing of environmental conditions that must be this subpart H. HUD (or the State) can environmental impact statements. adhered to in carrying out the project. refuse the RROF and certification on any grounds set forth in § 58.75. All (a) The responsible entity must The recipient is to submit the RROF and the certification of the responsible entity decisions by HUD (or the State) prepare the draft environmental impact regarding the RROF and the certification to HUD (or the State, if applicable) statement (DEIS) and the final shall be final. environmental impact statements (FEIS) requesting the release of funds. The using the current HUD recommended recipient must agree to abide by the § 58.74 Time for objecting. format or its equivalent. special conditions, procedures and All objections must be received by (b) The responsible entity must file requirements of the environmental HUD (or the State) within 15 days from and distribute the (DEIS) and the (FEIS) review, and to advise the responsible the time HUD (or the State) receives the in the following manner: entity of any proposed change in the recipient’s RROF and the related (1) Five copies to EPA Headquarters; scope of the project or any change in certification, or within the time period (2) Five copies to EPA Regional environmental conditions. specified in the notice, whichever is Office; (c) If the responsible entity later. (3) Copies made available in the determines that some of the activities § 58.75 Permissible bases for objections. responsible entity’s and the recipient’s are exempt under applicable provisions HUD (or the State), will consider office; of this part, the responsible entity shall objections claiming a responsible (4) Copies or summaries made advise the recipient that it may incur entity’s noncompliance with this part available to persons who request them; costs on these activities as soon as based only on any of the following and programmatic authorization is received. grounds: (5) FEIS only—one copy to State, This finding shall be documented in the (a) The certification was not in fact HUD Field Office, and HUD ERR maintained by the responsible executed by the responsible entity’s Headquarters library. entity and in the recipient’s project files. Certifying Officer. 49478 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules

(b) The responsible entity has failed to responsibilities of the Secretary under environmental activities or by other make one of the two findings pursuant NEPA and related provisions of law means, HUD becomes aware of any to § 58.40 or to make the written cited at § 58.5 insofar as those environmental deficiencies, HUD may determination required by §§ 58.35, responsibilities relate to the release of take one or more of the following 58.47 or 58.53 for the project, as funds as authorized by the applicable actions: applicable. provisions of law cited in § 58.1(b). (i) In the case of problems found (c) The responsible entity has omitted (b) Public and agency redress. Persons during limited monitoring, HUD may one or more of the steps set forth at and agencies seeking redress in relation schedule in-depth monitoring at an subpart E for the preparation, to environmental reviews covered by an earlier date or may schedule in-depth publication and completion of an EA. approved certification shall deal with monitoring more frequently; (d) The responsible entity has omitted the responsible entity and not with (ii) HUD may require attendance by one or more of the steps set forth at HUD. It shall be HUD’s policy to refer staff of the responsible entity at HUD- subparts F and G of this part for the all inquiries and complaints to the sponsored or approved training, which conduct, preparation, publication and responsible entity and its Certifying will be provided periodically at various completion of an EIS. Officer. Similarly, the State (where locations around the country; (e) The recipient has committed funds applicable) may direct persons and (iii) HUD may refuse to accept the or incurred costs not authorized by this agencies seeking redress in relation to certifications of environmental part before release of funds and environmental reviews covered by an compliance on subsequent grants; approval of the environmental approved certification to deal with the certification by HUD or the State. (iv) HUD may suspend or terminate responsible entity, and not the State, the responsible entity’s assumption of (f) Another Federal agency acting and may refer inquiries and complaints pursuant to 40 CFR part 1504 has the environmental review to the responsible entity and its responsibility; submitted a written finding that the Certifying Officer. Remedies for (v) HUD may initiate sanctions, project is unsatisfactory from the noncompliance are set forth in program corrective actions, or other remedies standpoint of environmental quality. regulations. specified in program regulations or (c) Implementation of environmental § 58.76 Procedure for objections. agreements or contracts with the review decisions. Projects of a recipient A person or agency objecting to a recipient. will require post-review monitoring and responsible entity’s RROF and other inspection and enforcement (2) HUD’s responsibilities and action certification shall submit objections in actions by the recipient and the State or under paragraph (d)(1) of this section writing to HUD (or the State). The HUD (using procedures provided for in shall not be construed to limit or reduce objections shall: any responsibility assumed by a (a) Include the name, address and program regulations) to assure that decisions adopted through the responsible entity with respect to any telephone number of the persons or particular release of funds under this agency submitting the objection, and be environmental review process are carried out during project development part. Whether or not HUD takes action signed by the person or authorized under paragraph (d)(1) of this section, official of an agency. and implementation. (d) Responsibility for monitoring and the Certifying Officer remains the (b) Be dated when signed. responsible Federal official under (c) Describe the basis for objection training. (1) At least once every three years, HUD Field Office intends to § 58.13 with respect to projects and and the facts or legal authority activities for which the Certifying supporting the objection. conduct in-depth monitoring and exercise quality control (through Officer has submitted a certification (d) State when a copy of the objection under this part. was mailed or delivered to the training and consultation) over the responsible entity’s Certifying Officer. environmental activities performed by §§ 58.78±58.79 [Reserved]. responsible entities under this part. § 58.77 Effect of approval of certification. Limited monitoring of these Dated: August 30, 1995. (a) Responsibilities of HUD and environmental activities will be Henry G. Cisneros, States. HUD’s (or, where applicable, the conducted during each program Secretary. State’s) approval of the certification monitoring site visit. If through limited [FR Doc. 95–23645 Filed 9–22–95; 8:45 am] shall be deemed to satisfy the or in-depth monitoring of these BILLING CODE 4210±32±P federal register September 25,1995 Monday and OperationRules;ProposedRule Streamlining PublicHousingMaintenance 24 CFRPart965 Public andIndianHousing Office oftheAssistantSecretaryfor Development Housing andUrban Department of Part VI 49479 49480 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules

DEPARTMENT OF HOUSING AND more fully below under the heading, new statutory requirements; and one URBAN DEVELOPMENT Other Matters. Send comments subpart recently issued will be regarding this burden estimate or any unchanged. Office of the Assistant Secretary for other aspect of this information III. Proposed Changes Public and Indian Housing collection to the Rules Docket Clerk, Room 10276, Department of Housing Subpart A, Preemption of State 24 CFR Part 965 and Urban Development, 451 Seventh Prevailing Wage Rates, makes higher [Docket No. FR±3928±P±01] Street, SW, Washington, DC 20410– State determined prevailing wage rates 0500; and to the Office of Information ‘‘inapplicable’’ to a contract for PHA- Streamlining Public Housing and Regulatory Affairs, Office of performed work. The ‘‘inapplicability’’ Maintenance and Operation Rules Management and Budget, Attention: of these higher State rates represents Desk Officer for HUD, Washington, DC cost savings to public housing agencies AGENCY: Office of the Assistant 20503. (PHAs) permitting limited resources to Secretary for Public and Indian go further in addressing much needed Housing, HUD. II. Background maintenance. For this reason, HUD does ACTION: Proposed rule. Upon assuming the leadership of the not propose to revise this requirement. Department of Housing and Urban At the same time, there are similar SUMMARY: This proposed rule would Development (HUD) in 1993, Secretary requirements in the development amend regulations on public housing Cisneros made the reinvention of HUD regulations, 24 CFR part 941, and in the maintenance and operation to one of his first priorities. HUD’s modernization regulations, 24 CFR part streamline and simplify necessary reinvention efforts took place in the 968. HUD plans to consolidate these requirements and to eliminate context of a broader, government-wide requirements in a single regulation in unnecessary requirements. reinvention process, the National another rulemaking. DATES: Comments due date: November Performance Review, under the Subpart B, Required Insurance 24, 1995. leadership of Vice President Gore. At Coverage, was codified for the first time ADDRESSES: Interested persons are that time, HUD established five program on October 5, 1993. It provides policies invited to submit comments regarding goals to accomplish its mission that concerning insurance coverage required this proposed rule to the Rules Docket involved working for healthy growth in under the Annual Contributions Clerk, Office of General Counsel, Room cities, providing adequate housing for Contract when provided by a qualified 10276, Department of Housing and all, and protection of society’s most PHA-Owned insurance entity, pursuant Urban Development, 451 Seventh Street, vulnerable people. to the HUD Appropriations Act of 1992. SW, Washington, DC 20410–0500. HUD determined that one of the first A comprehensive review of this subpart Communications should refer to the steps needed in its transformation from indicates that its provisions are the above docket number and title. the old HUD to a new HUD was the minimum necessary to implement the Facsimile (FAX) comments are not consolidation and streamlining of statutory provisions. No further acceptable. A copy of each funding programs. HUD recently simplification or streamlining is communication submitted will be submitted to Congress sweeping necessary, except to remove a cross- available for public inspection and changes to transform public housing to reference to a provision of the Annual copying between 7:30 a.m. and 5:30 a resident-based program. Contributions Contract (ACC), since a p.m. weekdays at the above address. Another aspect of the reinvention new, completely revised ACC with involve HUD’s rules, which have been different numbering of the provisions is FOR FURTHER INFORMATION CONTACT: at the forefront of HUD’s reinvention now being adopted. William C. Thorson, Acting Director, efforts since those efforts commenced in Three subparts of this part have a Administration and Maintenance 1993. The foundation of HUD’s bearing on the Federal government’s Division, Room 4214, Office of Public regulatory process is Executive Order utility costs associated with the public and Indian Housing, Department of 12866 (Regulatory Planning and housing program. Subpart C, Energy Housing and Urban Development, 451 Review) issued by President Clinton on Audits and Energy Conservation Seventh Street, SW, Washington, DC September 30, 1993. This order directs Measures, deals with a subject that is 20410, telephone (202) 708–4703 agencies to, among other things, explore critical to the long term success, (voice). Hearing- or speech-impaired regulatory alternatives and, if viability and livability of public persons may use the regulations are determined to be housing. Conducting energy audits and Telecommunications Devices for the necessary, to select approaches that installation of energy conservation Deaf (TDD) by contacting the Federal maximize benefits and involve measures has a significant financial Information Relay Service on 1–800– enhanced public accessibility and impact for both PHAs and the 877–TDDY (1–800–877–8339) or (202) participation in the rulemaking process. Department. Approximately $1.5 billion 708–9300. (Other than the ‘‘800’’ TDD HUD has done a comprehensive is spent on public housing utility costs number, telephone numbers are not toll- review of 24 CFR Part 965, PHA-Owned annually, most of which is paid by the free.) or Leased Projects—Maintenance and Federal government. As a result, the SUPPLEMENTARY INFORMATION: Operation. Part 965 contains 8 subparts, current requirement to conduct energy covering a wide range of topics. Based audits and install cost effective energy I. Paperwork Reduction Act Statement on its comprehensive review, HUD has conservation measures is judicious. At The information collection determined that one subpart can be the same time, HUD’s review of this requirements contained in this proposed eliminated; three subparts can be subpart reveals that it can be simplified. rule have been submitted to the Office revised and simplified; two subparts In revising the text of this subpart, HUD of Management and Budget for review that are applicable to other housing gave consideration to the final rule under the Paperwork Reduction Act of programs can be consolidated and published in the Federal Register on 1980 (44 U.S.C. 3501–3520). The burden relocated to a new ‘‘general’’ part that April 10, 1995 regarding Indian Housing on the public associated with the will be applicable to all programs; one Program Amendments, 24 CFR Parts 905 information collections is described subpart will have to be revised to reflect and 950 (60 FR 18174, 18268). HUD’s Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49481

Office of Native American Programs government. As a result, HUD will Impact on Small Entities reduced the size and scope of the retain subpart E substantially in its comparable portion of its rule (now 24 current form. However, HUD believes The Secretary, in accordance with the CFR 950.805 through 950.825) to a that some streamlining is possible. Regulatory Flexibility Act (5 U.S.C. reasonable level that still ensures that Revisions similar to those made in the 605(b)), has reviewed and approved this energy conservation is appropriately new Indian Programs rule at §§ 950.860 proposed rule, and, in so doing, certifies addressed. Accordingly, this subpart is through 950.876 (60 FR 18269–18270) that the proposed rule would not have proposed to be revised in substantially have been made to eliminate the much a significant economic impact on a the same manner as part 950. of the purpose, applicability, definitions substantial number of small entities. A second subpart of this part that has and other unnecessary language. This proposed rule streamlines and an effect on utility costs is subpart D, Subpart F, Modernization of Oil-Fired reduces the existing administrative Individual Metering of Utilities for Heating Plants, was issued in 1980 to burden on PHAs, regardless of whether Existing PHA-Owned Projects. Public implement a statutory set-aside of $25 the recipient is categorized as a large housing agencies spend over $1 billion million to modernize oil-fired heating entity or a small entity. each year for utility costs, a substantial equipment. This subpart is now obsolete Federalism Impact portion of which is funded by Federal and is proposed to be removed. operating subsidies. It is appropriate HUD plans to consolidate Subpart H, The General Counsel, as the that HUD require PHAs to take Lead-Based Paint Poisoning Prevention, Designated Official under section 6(a) of reasonable steps to reduce these utility with similar provisions for other HUD Executive Order No. 12611, Federalism, costs. One significant step is programs. However, that change will be has determined that this proposed rule determining the extent to which it is made in a separate rule. will not have a substantial, direct effect cost effective to individually meter Subpart I, Fire Safety, will be revised on the States or on the relationship projects and require residents to pay in a separate rule that updates between the Federal government and utility costs directly, as is currently provisions throughout HUD rules that the States, or on the distribution of required by subpart D. Because of its deal with this subject. [HUD published power or responsibilities among the impact on the cost of public housing to amendments to a number of assisted various levels of government. The the Federal government, HUD is housing rules on July 30, 1992, to proposed rule does not effect the retaining this requirement in ensure that residents are protected from autonomy of local PHAs. Instead, it substantially its current form. HUD does fire hazards. On October 26, 1992, streamlines and eliminates requirements believe that some streamlining is Congress passed the Fire Administration currently in effect. possible. The revised language is Authorization Act of 1992 (Pub. L. 102– Impact on the Family consistent with the new Indian 522), which prohibits the use of housing Programs rule at §§ 950.840 through assistance in connection with certain The General Counsel, as the 950.850. (See 60 FR 18268–18269.) assisted and insured properties, unless Designated Official under Executive HUD is proposing to eliminate the various fire protection and safety Order 12606, The Family, has purpose and definitions sections standards are met. The fire protection determined that the proposed rule will because they are self-evident. This rule and safety standards prescribed by the not have a significant impact on family also proposes to eliminate much of the statute add requirements beyond those formation, maintenance, and well-being, technical language now contained in contained in this subpart.] and, therefore, is not subject to review § 965.404. The language of the current under the Order. § 965.407 concerning PHA consultation IV. Other Matters with resident organizations, which is Environmental Impact Catalog advisory only, is revised to reflect the Department’s intent that it be A Finding of No Significant Impact The Catalog of Federal Domestic mandatory. with respect to the environment has Assistance numbers for the public The third subpart with an impact on been made in accordance with HUD housing program is 14.850. utility costs is subpart E, Tenant regulations at 24 CFR part 50, which Public Reporting Burden Allowances for Utilities. To the extent implements section 102(2)(C) of the individual metering or checkmetering is National Environmental Policy Act of The public reporting burden for the determined cost effective, it is necessary 1969 (NEPA). This Finding is available information collections contained in for a PHA to establish resident for public inspection between 7:30 a.m. this proposed rule are shown in a chart allowances for utilities. The current and 5:30 p.m. weekdays in the Office of below. These estimates include the time subpart E provides a broad framework the Rules Docket Clerk, Office of the for reviewing the instructions, searching and allows PHAs the flexibility to General Counsel, Department of existing data sources, gathering and determine the appropriate allowances. Housing and Urban Development, Room maintaining the data needed, and This philosophy is consistent with the 10276, 451 Seventh Street, SW., completing and reviewing the collection principles of the reinvention of Washington, DC 20410–0500. of information. 49482 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules

TABULATION OF ANNUAL REPORTING BURDENÐPROPOSED RULE STREAMLINING PUBLIC HOUSING MAINTENANCE AND OPERATIONS

Section of No. of re- Description of info. coll. 24 CFR No. of re- sponses per Total ann. Hrs. per Total hours affected spondents respondent responses response

Energy audits every 5 years ...... 965.302 3,400 1/5 700 2 1,400 Review of energy contracting soli-citations and con- tracts ...... 965.308 10 1 10 8 80 Benefit/cost analysis ...... 965.402 1,360 1/3 454 2 908 Review of util. allowances ...... 965.507 1,924 1 1,924 2 3,848

Total Annual Burden (Reduction from current burden of 1,764 hours) ...... 6,236

List of Subjects in 24 CFR Part 965 Section 8 projects, is covered by this designate to be used for energy Grant programs—housing and subpart. conservation. (b) If an PHA finances energy community development, Housing, § 965.302 Requirements for energy audits. Loan programs—housing and conservation measures from sources All PHAs shall complete an energy other than modernization or operating community requirements, Small audit for each PHA-owned project under businesses. reserves, such as on the basis of a management, not less than once every promise to repay, HUD may agree to Accordingly, 24 CFR part 965, is five years. Standards for energy audits provide adjustments in its calculation of proposed to be amended as follows: shall be equivalent to State standards for the PHA’s operating subsidy eligibility energy audits or as approved by HUD. PART 965ÐPHA-OWNED OR LEASED under the PFS for the project and utility Energy audits shall analyze all of the involved if the financing arrangement is PROJECTSÐMAINTENANCE AND energy conservation measures, and the OPERATION cost-beneficial to HUD. (See § 990.107(g) payback period for these measures, that of this chapter.) 1. The authority citation for part 965 are pertinent to the type of buildings continues to read as follows: and equipment operated by the PHA. § 965.306 Energy conservation equipment and practices. Authority: 42 U.S.C. 1437, 1437a, 1437d, § 965.304 Order of funding. In purchasing original or, when 1437g, 3535(d). Subpart H is also issued Within the funds available to a PHA, needed, replacement equipment, PHAs under 42 U.S.C. 4821–4846. energy conservation measures should be shall acquire only equipment that meets § 965.205 [Amended] accomplished with the shortest pay- or exceeds the minimum efficiency 2. In subpart B, § 965.205 is amended back periods funded first. A PHA may requirements established by the U.S. by removing the phrase ‘‘(in section 305 make adjustments to this funding order Department of Energy. In the operation of the ACC)’’ from the first sentence in because of insufficient funds to of their facilities, PHAs shall follow paragraph (a). accomplish high-cost energy operating practices directed to conservation measures (ECM), or a maximum energy conservation. §§ 965.303, 965.309, 965.310, 965.315 situation in which an ECM with a longer [Removed] pay-back period can be more efficiently § 965.307 Compliance schedule. 3. In subpart C, §§ 965.301, 965.302, installed in conjunction with other All energy conservation measures and 965.304 through 965.308 are planned modernization. A PHA may not determined by energy audits to be cost revised, and §§ 965.303, 965.309, install individual utility meters that effective shall be accomplished as funds 965.310, and 965.315 are removed, to measure the energy or fuel used for are available. read as follows: space heating in dwelling units that need substantial weatherization, when § 965.308 Energy performance contracts. Subpart CÐEnergy Audits and Energy installation of meters would result in (a) Method of procurement. Energy Conservation Measures economic hardship for residents. In performance contracting shall be these cases, the ECMs related to conducted using one of the following § 965.301 Purpose and applicability. weatherization shall be accomplished methods of procurement: (a) Purpose. The purpose of this before the installation of individual (1) Competitive proposals (see 24 CFR subpart is to implement HUD policies in utility meters. 85.36(d)(3)). In identifying the support of national energy conservation evaluation factors and their relative goals by requiring PHAs to conduct § 965.305 Funding. importance, as required by § 85.36 energy audits and undertake certain (a) The cost of accomplishing cost- (d)(3)(i) of this title, the solicitation cost-effective energy conservation effective energy conservation measures, shall state that technical factors are measures. including the cost of performing energy significantly more important than price (b) Applicability. The provisions of audits, shall be funded from operating (of the energy audit); or this subpart apply to all PHAs with funds of the PHA to the extent feasible. (2) If the services are available only PHA-owned housing, but they do not When sufficient operating funds are not from a single source, noncompetitive apply to Indian Housing Authorities. available for this purpose, such costs are proposals (see 24 CFR 85.36 (For similar provisions applicable to eligible for inclusion in a modernization (d)(4)(i)(A)). Indian housing, see part 950 of this program, for funding from any available (b) HUD Review. Solicitations for chapter.) No PHA-leased project or development funds in the case of energy performance contracting shall be Section 8 Housing Assistance Payments projects still in development, or for submitted to the HUD Field Office for Program project, including PHA-owned other available funds that HUD may review and approval prior to issuance. Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49483

Energy performance contracts shall be costs of benefit/cost analysis and resident dwelling leases in accordance submitted to the HUD Field Office for complete installation of checkmeters, with 24 CFR part 966. review and approval before award. shall be funded from operating funds of (c) PHAs must work closely with the PHA to the extent feasible. When resident organizations, to the extent §§ 965.408, 965.409, 965.410 [Removed] sufficient operating funds are not practicable, in making plans for 4. In subpart D, §§ 965.401 through available for this purpose, such costs are conversion of utility service to 965.407 are revised, and §§ 965.408, eligible for inclusion in a modernization individual metering, explaining the 965.409, and 965.410 are removed, to project or for funding from any available national policy objectives of energy read as follows: development funds. conservation, the changes in charges and rent structure that will result, and Subpart DÐIndividual Metering of § 965.404 Order of conversion. the goals of achieving an equitable Utilities for Existing PHA-Owned Conversions to individually metered structure that will be advantageous to Projects utility service shall be accomplished in residents who conserve energy. § 965.401 Individually metered utilities. the following order when a PHA has (d) A transition period of at least six (a) All utility service shall be projects of two or more of the months shall be provided in the case of individually metered to residents, either designated categories, unless the PHA initiation of checkmeters, during which through provision of retail service to the has a justifiable reason to do otherwise, residents will be advised of the charges residents by the utility supplier or which shall be documented in its files. but during which no surcharge will be through the use of checkmeters, unless: (a) In projects for which retail service made based on the readings. This trial (1) Individual metering is impractical, is provided by the utility supplier and period will afford residents ample such as in the case of a central heating the PHA is paying all the individual notice of the effects the checkmetering system in an apartment building; utility bills, no benefit/cost analysis is system will have on their individual (2) Change from a mastermetering necessary, and residents shall be billed utility charges and also afford a test system to individual meters would not directly after the PHA adopts revised period for the adequacy of the utility be financially justified based upon a payment schedules providing allowances established. benefit/cost analysis; or appropriate allowances for resident- (e) During and after the transition (3) Checkmetering is not permissible supplied utilities. period, PHAs shall advise and assist under State or local law, or under the (b) In projects for which checkmeters residents with high utility consumption policies of the particular utility supplier have been installed but are not being on methods for reducing their usage. or public service commission. utilized as the basis for determining This advice and assistance may include (b) If checkmetering is not utility charges to the residents, no counseling, installation of new energy permissible, retail service shall be benefit/cost analysis is necessary. The conserving equipment or appliances, considered. Where checkmetering is checkmeters shall be used as the basis and corrective maintenance. permissible, the type of individual for utility charges and residents shall be metering offering the most savings to the surcharged for excess utility use. § 965.406 Benefit/cost analysis for similar projects. PHA shall be selected. (c) Projects for which meter loops PHAs with more than one project of § 965.402 Benefit/cost analysis. have been installed for utilization of checkmeters shall be analyzed both for similar design and utilities service may (a) A benefit/cost analysis shall be the installation of checkmeters and for prepare a benefit/cost analysis for a made to determine whether a change conversion to retail service. representative project. A finding that a from a mastermetering system to (d) Low- or medium-rise family units change in metering is not cost effective individual meters will be cost effective, with a mastermeter system should be for the representative project is except as otherwise provided in analyzed for both checkmetering and sufficient reason for the PHA not to § 965.405. conversion to retail service, because of perform a benefit/cost analysis on the (b) Proposed installation of remaining similar projects. checkmeters shall be justified on the their large potential for energy savings. basis that the cost of debt service (e) Low- or medium-rise housing for § 965.407 Reevaluations of mastermeter (interest and amortization) of the elderly should next be analyzed for both systems. estimated installation costs plus the checkmetering and conversion to retail Because of changes in the cost of operating costs of the checkmeters will service, since the potential for energy utility services and the periodic changes be more than offset by reduction in saving is less than for family units. in utility regulations, PHAs with future utilities expenditures to the PHA (f) Electric service under mastermeters mastermeter systems are required to under the mastermeter system. for high-rise buildings, including reevaluate mastermeter systems without (c) Proposed conversion to retail projects for the elderly, should be checkmeters by making benefit/cost service shall be justified on the basis of analyzed for both use of retail service analyses at least every 36 months. These net savings to the PHA. This and of checkmeters. analyses may be omitted under the conditions specified in § 965.406. determination involves making a § 965.405 Actions affecting residents. comparison between the reduction in 5. Subpart E is revised to read as utility expense obtained through (a) Before making any conversion to follows: retail service, the PHA shall adopt eliminating the expense to the PHA for Subpart EÐResident Allowances for PHA-supplied utilities and the resultant revised payment schedules, providing appropriate allowances for the resident- Utilities allowance for resident-supplied Sec. utilities, based on the cost of utility supplied utilities resulting from the conversion. 965.501 Applicability. service to the residents after conversion. 965.502 Establishment of utility allowances (b) Before implementing any by PHAs. § 965.403 Funding. modifications to utility services 965.503 Categories for establishment of The cost to change mastermeter arrangements with the residents or allowances. systems to individual metering of charges with respect thereto, the 965.504 Period for which allowances are resident consumption, including the requisite changes shall be made in established. 49484 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules

965.505 Standards for allowances for shall provide all residents an furnished by the PHA for all residents utilities. opportunity to submit written (e.g., heating furnace, hot water heater), 965.506 Surcharges for excess consumption comments during a period expiring not for essential equipment whether or not of PHA-furnished utilities. less than 30 days before the proposed furnished by the PHA (e.g., range and 965.507 Review and revision of allowances. 965.508 Individual relief. effective date of the allowances or refrigerator), and for minor items of scheduled surcharges or revisions. Such equipment (such as toasters and radios) Subpart EÐResident Allowances for written comments shall be retained by furnished by residents. Utilities the PHA and shall be available for (c) The complexity and elaborateness inspection by residents. of the methods chosen by the PHA, in § 965.501 Applicability. (d) Schedules of allowances and its discretion, to achieve the foregoing (a) This subpart applies to public scheduled surcharges shall not be objective will depend upon the data housing, including Turnkey III subject to approval by HUD before available to the PHA and the extent of Homeownership Opportunities becoming effective, but will be reviewed the administrative resources reasonably program. This subpart also applies to in the course of audits or reviews of available to the PHA to be devoted to units assisted under sections 10(c) and PHA operations. the collection of such data, the 23 of the U. S. Housing Act of 1937 as (e) The PHA’s determinations of formulation of methods of calculation, in effect before amendment by the allowances, scheduled surcharges, and and actual calculation and monitoring Housing and Community Development revisions thereof shall be final and valid of the allowances. Act of 1974 and to which 24 CFR part unless found to be arbitrary, capricious, (d) In establishing allowances, the 900 is not applicable. This subpart does an abuse of discretion, or otherwise not PHA shall take into account relevant not apply to Indian housing projects in accordance with the law. factors affecting consumption (see 24 CFR part 950). § 965.503 Categories for establishment of requirements, including: (b) In rental units for which utilities allowances. (1) The equipment and functions are furnished by the PHA but there are intended to be covered by the allowance Separate allowances shall be no checkmeters to measure the actual for which the utility will be used. For established for each utility and for each utilities consumption of the individual category of dwelling units determined instance, natural gas may be used for units, residents shall be subject to by the PHA to be reasonably comparable cooking, heating domestic water, or charges for consumption of resident- as to factors affecting utility usage. The space heating, or any combination of the owned major appliances, or for optional PHA will establish allowances for three. (2) The climatic location of the functions of PHA-furnished equipment, different size units, in terms of numbers housing projects. in accordance with § 965.502(e) and of bedrooms. Other categories may be (3) The size of the dwelling units and 965.506(b), but no utility allowance will established at the discretion of the PHA. be established. the number of occupants per dwelling § 965.504 Period for which allowances are unit. § 965.502 Establishment of utility established. (4) Type of construction and design of allowances by PHAs. (a) PHA-furnished utilities. the housing project. (a) PHAs shall establish allowances Allowances will normally be (5) The energy efficiency of PHA- for PHA-furnished utilities for all established on a quarterly basis; supplied appliances and equipment. checkmetered utilities and allowances however, residents may be surcharged (6) The utility consumption for resident-purchased utilities for all on a monthly basis. The allowances requirements of appliances and utilities purchased directly by residents established may provide for seasonal equipment whose reasonable from the utilities suppliers. variations. consumption is intended to be covered (b) The PHA shall maintain a record (b) Resident-purchased utilities. by the total resident payment. that documents the basis on which Monthly allowances shall be established (7) The physical condition, including allowances and scheduled surcharges, at a uniform monthly amount based on insulation and weatherization, of the and revisions thereof, are established an average monthly utility requirement housing project. and revised. Such record shall be for a year; however, if the utility (8) Temperature levels intended to be available for inspection by residents. supplier does not offer residents a maintained in the unit during the day (c) The PHA shall give notice to all uniform payment plan, the allowances and at night, and in cold and warm residents of proposed allowances, established may provide for seasonal weather. scheduled surcharges, and revisions variations. (9) Temperature of domestic hot thereof. Such notice shall be given, in water. the manner provided in the lease or § 965.505 Standards for allowances for (e) If a PHA installs air conditioning, homebuyer agreement, not less than 60 utilities. it shall provide, to the maximum extent days before the proposed effective date (a) The objective of a PHA in economically feasible, systems that give of the allowances or scheduled designing methods of establishing residents the option of choosing to use surcharges or revisions; shall describe utility allowances for each dwelling unit air conditioning in their units. The with reasonable particularity the basis category and unit size shall be to design of systems that offer each for determination of the allowances, approximate a reasonable consumption resident the option to choose air scheduled surcharges, or revisions, of utilities by an energy-conservative conditioning shall include retail meters including a statement of the specific household of modest circumstances or checkmeters and residents shall pay items of equipment and function whose consistent with the requirements of a for the energy used in its operation. For utility consumption requirements were safe, sanitary, and healthful living systems that offer residents the option to included in determining the amounts of environment. choose air conditioning, the PHA shall the allowances or scheduled surcharges; (b) Allowances for both PHA- not include air conditioning in the shall notify residents of the place where furnished and resident-purchased utility allowances. For systems that offer the PHA’s record maintained in utilities shall be designed to include residents the option to choose air accordance with paragraph (b) of this such reasonable consumption for major conditioning but can not be section is available for inspection; and equipment or for utility functions checkmetered, residents are to be Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Proposed Rules 49485 surcharged in accordance with resident-owned equipment (or functions day of the month following the month § 965.506. If an air condition system of PHA-furnished equipment) for which in which the last rate change taken into does not provide for resident option, surcharges shall be made and the account in such revision became residents are not to be charged and these amounts of such charges, which shall be effective. systems should be avoided whenever based on the cost to the PHA of the possible. utility consumption estimated to be § 965.508 Individual relief. attributable to reasonable usage of such Requests for relief from surcharges for § 965.506 Surcharges for excess equipment. consumption of PHA-furnished utilities. excess consumption of PHA-purchased (a) For dwelling units subject to § 965.507 Review and revision of utilities, or from payment of utility allowances for PHA-furnished utilities allowances. supplier billings in excess of the where checkmeters have been installed, (a) Annual review. The PHA shall allowances for resident-purchased the PHA shall establish surcharges for review at least annually the basis on utilities, may be granted by the PHA on utility consumption in excess of the which utility allowances have been reasonable grounds, such as special allowances. Surcharges may be established and, if reasonably required needs of elderly, ill or disabled computed on a straight per unit of in order to continue adherence to the residents, or special factors affecting purchase basis (e.g., cents per kilowatt standards stated in § 965.505 shall utility usage not within the control of hour of electricity) or for stated blocks establish revised allowances. The the resident, as the PHA shall deem of excess consumption, and shall be review shall include all changes in appropriate. The PHA’s criteria for based on the PHA’s average utility rate. circumstances (including completion of granting such relief, and procedures for The basis for calculating such modernization and/or other energy requesting such relief, shall be adopted surcharges shall be described in the conservation measures implemented by at the time the PHA adopts the methods PHA’s schedule of allowances. Changes the PHA) indicating probability of a and procedures for determining utility in the dollar amounts of surcharges significant change in reasonable allowances. Notice of the availability of based directly on changes in the PHA’s consumption requirements and changes such procedures (including average utility rate shall not be subject in utility rates. identification of the PHA representative to the advance notice requirements of (b) Revision as a result of rate with whom initial contact may be made this section. changes. The PHA may revise its by residents), and the PHA’s criteria for (b) For dwelling units served by PHA- allowances for resident-purchased granting such relief, shall be included in furnished utilities where checkmeters utilities between annual reviews if there each notice to residents given in have not been installed, the PHA shall is a rate change (including fuel accordance with § 965.502(c) and in the establish schedules of surcharges adjustments) and shall be required to do information given to new residents indicating additional dollar amounts so if such change, by itself or together upon admission. residents will be required to pay by with prior rate changes not adjusted for, Dated: August 24, 1995. reason of estimated utility consumption results in a change of 10 percent or more attributable to resident-owned major from the rates on which such MaryAnn Russ, appliances or to optional functions of allowances were based. Adjustments to Director, Office of Assisted Housing. PHA-furnished equipment. Such resident payments as a result of such [FR Doc. 95–23643 Filed 9–22–95; 8:45 am] surcharge schedules shall state the changes shall be retroactive to the first BILLING CODE 4210±33±P federal register September 25,1995 Monday Day, 1995 Proclamation 6826ÐGoldStarMother's The President Part VII 49487

49489

Federal Register Presidential Documents Vol. 60, No. 185

Monday, September 25, 1995

Title 3— Proclamation 6826 of September 21, 1995

The President Gold Star Mother’s Day, 1995

By the President of the United States of America

A Proclamation Countless Americans have traveled to Washington, D.C., to visit the new Korean War Veterans Memorial and to pay their respects at the many other monuments honoring the members of our Armed Forces. These sites are places for reflection, pride, and patriotism, not only for the men and women who served and those who lost loved ones, but also for every citizen who values the sacrifices to which these monuments bear witness. As we look upon America’s public memorials, we also remember the unseen tributes that dwell in homes and hearts across the country—the personal mementos and memories treasured by mothers who have lost a child in military service. Our Gold Star Mothers reflect the legacy of their sons’ and daughters’ bravery and ensure that their children will never be forgot- ten—that their courage will inspire new generations. Watching a beloved child go off to war is one of the hardest things a parent can endure. America’s Gold Star Mothers proudly stood this test and suffered the terrible anxiety of waiting for word of their loved ones. Each of these heroic women was also called upon to bear the greatest hardship of all—the cruel truth that her son or daughter would never return. These mothers gave their most cherished gift so that our Nation could live in liberty and so that people around the globe could be freed from tyranny and oppression. And Gold Star Mothers continue a proud tradition of service, helping veterans with disabilities through voluntary service in VA medical facilities. Bringing comfort to those who suffered for our country, Gold Star Mothers exemplify the gratitude and honor each citizen owes to America’s veterans. This year, the 50th anniversary of the end of World War II, evokes many powerful emotions—pride in victory, sorrow in loss, and hope for a future of world peace. At times such as these, we join with Gold Star Mothers in remembering their children’s dedication to duty and their ultimate sac- rifice. We pray that these mothers can find solace in knowing that their sons and daughters helped to keep the beacon of peace and freedom burning, lighting the way to a better world. In recognition of the outstanding courage of our Gold Star Mothers, the Congress, by Senate Joint Resolution 115 of June 23, 1936 (49 Stat. 1895), has designated the last Sunday in September as ‘‘Gold Star Mother’s Day’’ and has authorized and requested the President to issue a proclamation in observance of this day. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, do hereby proclaim September 24, 1995, as Gold Star Mother’s Day. I call upon the American people to observe this day with appropriate programs, ceremonies, and activities that honor our Gold Star Mothers. 49490 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Presidential Documents

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

[FR Doc. 95–23918 œ– Filed 9–22–95; 10:41 am] Billing code 3195–01–P i

Reader Aids Federal Register Vol. 60, No. 185 Monday, September 25, 1995

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Public inspection announcement line 523±5215 the revision date of each title. 1320...... 45776, 46148 Laws 3 CFR 1601...... 47836 Public Laws Update Services (numbers, dates, etc.) 523±6641 Proclamations: 4101...... 47453 For additional information 523±5227 6343 (Amended by Proposed Rules: Proclamation Presidential Documents 300...... 46780 6821) ...... 47663 2640...... 47208 Executive orders and proclamations 523±5227 6641 (Modified by The United States Government Manual 523±5227 Proclamation 7 CFR 6821) ...... 47663 Other Services 6...... 47453 6763 (Modified by 51...... 46976 Electronic and on-line services (voice) 523±4534 Proclamation 55...... 49166 Privacy Act Compilation 523±3187 6821) ...... 47663 58...... 48203 TDD for the hearing impaired 523±5229 6819...... 47449 59...... 49166 6820...... 47551 271...... 45990, 48865 ELECTRONIC BULLETIN BOARD 6821...... 47663 272...... 45990, 48865 6822...... 48013 273...... 45990, 48865 Free Electronic Bulletin Board service for Public Law numbers, 6823...... 48357 718...... 48203 Federal Register finding aids, and list of documents on public 6824...... 48615 922...... 47857 inspection. 202±275±0920 6825...... 48619 927...... 47858 FAX-ON-DEMAND 6826...... 49489 945...... 46017 Executive Orders: 955...... 48361 You may access our Fax-On-Demand service. You only need a fax July 7, 1910 (Revoked 989...... 47860 machine and there is no charge for the service except for long by PLO 7159)...... 47874 998...... 46750 distance telephone charges the user may incur. The list of April 13, 1917 1137...... 46214 documents on public inspection and the daily Federal Register’s (Revoked by PLO 1211...... 47862 table of contents are available using this service. The document 7159) ...... 47874 1413...... 48015 numbers are 7050-Public Inspection list and 7051-Table of 12425 (Amended by 1421...... 48015 Contents list. The public inspection list will be updated EO 12971)...... 48617 1717...... 48870 immediately for documents filed on an emergency basis. 12865 (Continued by 1942...... 46215 1951...... 46753 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON Notice of Sept. 18, FILE AND NOT THE ACTUAL DOCUMENT. Documents on 1995) ...... 48621 Proposed Rules: 17...... 47495 public inspection may be viewed and copied in our office located 12958 (Amended by 319...... 47101 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand EO 12972)...... 48863 353...... 48056 telephone number is: 301±713±6905 12971...... 48617 12972...... 48863 354...... 48056 1004...... 48924 Administrative Orders: FEDERAL REGISTER PAGES AND DATES, SEPTEMBER 1005...... 47495 No. 95±41 of 1006...... 47495 45647±46016...... 1 September 8, 1007...... 47495 46017±46212...... 5 1995 ...... 47659 1011...... 47495 46213±46496...... 6 12864 (Amended by 1012...... 47495 EO 12970)...... 48359 46497±46748...... 7 1013...... 47495 12970...... 48359 1046...... 47495 46749±47038...... 8 Notice of September 47039±47264...... 11 1220...... 49236 18, 1995 ...... 48621 1260...... 46781 47265±47452...... 12 47453±47676...... 13 5 CFR 8 CFR 47677±47856...... 14 Ch. LX...... 47240 214...... 49195 47857±48014...... 15 300...... 47039 329...... 45658 48015±48360...... 18 304...... 45647 48361±48622...... 19 353...... 45670 9 CFR 48623±48862...... 20 430...... 47646 50...... 48362 48863±49194...... 21 432...... 47646 51...... 48362 451...... 47646 49195±49326...... 22 77...... 48362, 48882 531...... 47646 78...... 48362 49327±49490...... 25 532...... 46213 80...... 48362 550...... 47039 102...... 48020 591...... 46749 114...... 48020 752...... 47039 Proposed Rules: 771...... 47039 1...... 46783 831...... 47039 3...... 46783 842...... 47039 870...... 45670 10 CFR 890...... 45670 Ch. I ...... 49327 ii Federal Register / Vol. 60, No. 185 / Friday, September 25, 1995 / Reader Aids

20...... 48623 97 ...... 46218, 48024, 48025 24...... 46334, 48645 16...... 47260 21...... 48369 399...... 46018 102...... 46188 24...... 47260 35...... 48623 Proposed Rules: 123...... 46334, 48645 39...... 47260 73...... 46497 Ch. I ...... 49353 134...... 46334, 48645 40...... 47260 Proposed Rules: 21...... 48790 162...... 46334, 48645 49...... 47260 30...... 46784 39 ...... 45683, 46541, 46542, 174...... 46334, 48645 58...... 48610 40...... 46784 46544, 46790, 46792, 47314, 177...... 46334, 48645 86...... 47260 50 ...... 47314, 47716, 48427 47501, 47896, 47899, 47901, 178...... 46188, 48645 90...... 47260 52...... 47314 47903, 48428, 48429, 48431, 181...... 46334, 48645 103...... 47260 70...... 46784 48433 191...... 46334, 48645 106...... 47260 100...... 47314 71 ...... 46547, 47503, 48937, 206...... 46500 120...... 47260 210...... 49195 49354 Proposed Rules: 130...... 47260 211...... 49195 101...... 47504, 47505 200...... 47260, 47840 212...... 49195 15 CFR 205...... 47260 20 CFR 303...... 49195 275...... 45659 209...... 47260 404...... 47469 210...... 47260 305...... 49195 Proposed Rules: 416...... 47469 211...... 47260 430...... 47497 945...... 48000 437...... 48935 Proposed Rules: 224...... 47260 459...... 49195 16 CFR 220...... 47122 225...... 47260 465...... 49195 404...... 47126 226...... 47260 24...... 48027 730...... 49195 416...... 47126 227...... 47260 231...... 48027 761...... 49195 228...... 47260 247...... 48027 762...... 49195 21 CFR 229...... 47260 600...... 45659 763...... 49195 5...... 47267 238...... 47260 1700...... 48890 790...... 49195 19...... 47477 240...... 47260 792...... 49195 Proposed Rules: 175 ...... 47478, 48645, 49336 250...... 47260 794...... 49195 24...... 48056 176...... 47205 251...... 48596 796...... 49195 400...... 48063 177...... 48648 252...... 48596 797...... 49195 402...... 48065 178...... 49338 255...... 48596 798...... 49195 404...... 48067 184...... 48890 270...... 47260 799...... 49195 405...... 48070 510...... 47052, 47480 271...... 47260 830...... 47498 413...... 48071 520...... 47052 277...... 47260 834...... 47498 417...... 48073 522...... 48650, 49339 278...... 47260 1020...... 49195 418...... 48075 524...... 48651 500...... 47260 511...... 47260 17 CFR 529...... 48893 12 CFR 558...... 47052 575...... 47260 3...... 46170, 47455 1...... 49334 1000...... 48374 577...... 47260 208...... 46170 3...... 49334 1002...... 48374 578...... 47260 225...... 46170 4...... 49334 Proposed Rules: 579...... 47260 325...... 46170 5...... 49334 50...... 49086 580...... 47260 601...... 47453 9...... 49334 56...... 49086 595...... 47260 900...... 49198 10...... 49334 184...... 48939 596...... 47260 922...... 49198 11...... 49334 312...... 46794, 49086 598...... 47260 960...... 49327 12...... 49334 314...... 46794, 49086 599...... 47260 Proposed Rules: 13...... 49334 601...... 49086 600...... 47260 2...... 47498 14...... 49334 812...... 49086 811...... 47260 23...... 46246 15...... 49334 814...... 49086 882...... 45661 211...... 49350 31...... 49334 862...... 45685 887...... 45661 213...... 48752, 48769 140...... 49334 864...... 46718 888...... 48278 353...... 47719 144...... 49334 866...... 45685 900...... 47260 360...... 48935 145...... 49334 868...... 45685, 46718 907...... 47260 613...... 47103 146...... 49334 870...... 45685, 46718 965...... 47260 614...... 47103 147...... 49334 872...... 45685, 46718 967...... 47260 618...... 47103 148...... 49334 874...... 45685 982...... 45661 619...... 47103 149...... 49334 876...... 45685, 46718 983...... 45661 626...... 47103 155...... 49334 878...... 45685 1730...... 47260 170...... 49334 880...... 45685, 46718 1800...... 47260 13 CFR 171...... 49334 882...... 45685, 46718 1895...... 47260 Proposed Rules: 190...... 49334 884...... 45685, 46718 2700...... 47260 108...... 46789 201...... 46498 886...... 45685 Proposed Rules: 230...... 47691 888...... 45685, 46718 58...... 49466 14 CFR 240...... 47691 890...... 45685, 46718 965...... 49480 25...... 47458, 49331 270...... 47041 892...... 45685 3500...... 47650 39 ...... 46216, 46758, 46760, 274...... 47041 895...... 46251 25 CFR 46761, 46763, 46765, 47265, Proposed Rules: 898...... 46251 47465, 47677, 47678, 47679, 239...... 47844 151...... 48894 47682, 47683, 47685, 47687, 240...... 48078 23 CFR Proposed Rules: 47689, 47862, 47864, 48626, 270...... 47844 640...... 47480 Ch. I ...... 47131 48628, 48630, 48631, 48632, 274...... 47844 655...... 49136 63...... 45982 48634, 48635, 48636, 48638, 275...... 47844 48639, 48882 24 CFR 26 CFR 71 ...... 47266, 48022, 48023, 19 CFR 1...... 47260 1 ...... 45661, 46500, 47053, 48350, 48641, 48642, 48749, 4...... 48027 3...... 47260 49199, 49218 48884, 48888 10 ...... 46188, 46334, 48645 8...... 47260 4...... 46500 73...... 48889, 49333 12 ...... 46188, 46334, 47466, 11...... 47260 31...... 49199 91...... 48643, 49138 48645 15...... 47260 602 ...... 46500, 49199, 49218 Federal Register / Vol. 60, No. 185 / Friday, September 25, 1995 / Reader Aids iii

Proposed Rules: 76...... 46492 69...... 47515 50...... 48044 1 ...... 46548, 47723, 49236 81...... 46492 70 ...... 45685, 46072, 47522, 54...... 48044 301...... 49356 700...... 47808 48085, 48435, 48679, 48942, 55...... 48044 48944 56...... 48044 27 CFR Proposed Rules: 75...... 46004, 48844 81 ...... 47142, 47324, 47325, 57...... 48044 9...... 47053 668 ...... 49114, 49156, 49178 47529, 48439 61...... 48044 47...... 47866 674...... 49114 136...... 47325 67...... 48044 Proposed Rules: 675...... 49114 170...... 48680 70...... 48044 4...... 47506 676...... 49114 180...... 47529, 48681 71...... 48044 5...... 47506 682...... 49114, 49130 186...... 49142 72...... 48044 7...... 47506 685 ...... 48848, 48858, 49114 260...... 49239 76...... 48044 13...... 47506 690...... 49114 264...... 49239 78...... 48044 19...... 47506 265...... 49239 79...... 48044 36 CFR 281...... 49239 90...... 48044 28 CFR 7...... 46562, 47701 300...... 47918, 48683 91...... 48044 0...... 46018 223...... 46890 372...... 46076, 47334 95...... 48044 97...... 48044 541...... 46484 Proposed Rules: 721...... 47531, 47533 99...... 48044 548...... 46484 13...... 47513 799...... 48948 549...... 49444 106...... 48044 1206...... 46798 41 CFR Proposed Rules: 150...... 48044 547...... 47648 38 CFR 302±6...... 49347 154...... 48044 171...... 48044 1 ...... 48028, 48029, 48387 Proposed Rules: 29 CFR 174...... 48044 2...... 48029 50±201...... 46553 552...... 46766 50±206...... 46553 188...... 48044 3...... 46531 189...... 48044 697...... 47484 4...... 49225 42 CFR 552...... 46047 801...... 46530 21...... 46533 1601...... 46219 400...... 48749 Proposed Rules: Proposed Rules: 40...... 46087 1910...... 47022 17...... 47133 405...... 48039, 48417 2619...... 47867 411...... 48417, 48749 154...... 46087 2676...... 47867 39 CFR 412...... 45778 47 CFR Proposed Rules: 413...... 45778 447...... 47241 2...... 47302, 48905 4...... 46553 417...... 45673, 46228 Proposed Rules: 18...... 47302 5...... 46553 424...... 45778 111...... 49357 64...... 46537, 49232 552...... 46797 485...... 45778 955...... 47514 69...... 46537 1926...... 47512 489...... 45778 73 ...... 46063, 47303, 47490, 1952...... 47131 Proposed Rules: 40 CFR 47703, 47875, 47876, 48425, 441...... 48442 9...... 45948, 48388 48426, 48907, 49234, 49348 30 CFR 447...... 48442 51...... 48029 76...... 47876 914...... 47692 493...... 47534, L47982 52 ...... 46020, 46021, 46024, 90 ...... 46537, 47303, 48913 944...... 47695 46025, 46029, 46220, 46222, 950...... 47699 43 CFR Proposed Rules: 46535, 46768, 47074, 47076, 15...... 49241 Proposed Rules: Ch. III ...... 49446 47081, 47084, 47085, 47088, 25...... 46252 Ch. II ...... 46556 1820...... 48904 47089, 47273, 47276, 47280, 36...... 46803 916...... 47314 10000...... 49446 47285, 47288, 47290, 48896, 64...... 48957 943 ...... 47316, 48675, 48677 10005...... 49447 49340 73 ...... 46562, 46563, 47337, 950...... 48678 Public Land Orders: 55...... 47292 48684, 49241, 49242 7159...... 47874 60...... 47095 76...... 46805 31 CFR 7160...... 48904 61...... 46206 80...... 47543 560...... 47061 63...... 45948, 48388 Proposed Rules: 90 ...... 46564, 46566, 48490 Proposed Rules: 69...... 48037 3170...... 47920 103...... 46556 70 ...... 45671, 46771, 47296, 48 CFR 44 CFR 240...... 48940 49343 Ch. 1 ...... 48206 81...... 47485, 48653 64...... 46030, 46037 32 CFR 1...... 48208, 48224 180 ...... 47487, 47871, 48655, 65 ...... 46038, 46040, 46042, 2...... 48231 92...... 46019 48657, 48659 46043 3...... 48231, 48258 505...... 48651 228...... 49228 67...... 46044 4...... 48208, 48258 Proposed Rules: 280...... 46691 Proposed Rules: 5 ...... 48231, 48258, 48272 311...... 47905 281 ...... 46691, 47089, 47097, 67...... 46079, 46085 6...... 48231, 48258 47280, 47297 7...... 48231 33 CFR 45 CFR 282...... 47300 8...... 48231 1...... 49222 300 ...... 47489, 48902, 49230, 670...... 46234 9 ...... 47304, 48231, 48258 100...... 45668, 47269 49347 1355...... 46887 10...... 48231 110...... 45776 716...... 48660 Proposed Rules: 11...... 48231 117...... 47270 763...... 49231 1633...... 48950 12...... 48231 165 ...... 45669, 45670, 47270, 799...... 48902 1634...... 48951 14 ...... 48208, 48231, 48258 47271, 47869, 47870, 48894 Proposed Rules: 1635...... 48956 15 ...... 48208, 48231, 48258 Proposed Rules: 15...... 47135 16 ...... 48208, 48231, 48258 117...... 46069, 47317 32...... 47135 46 CFR 17...... 48258 162...... 47905 52 ...... 46070, 46071, 46252, 25...... 48044 19...... 48258 165...... 47907 46802, 47137, 47138, 47139, 28...... 48044 20...... 48258 166...... 49237 47318, 47319, 47320, 47324, 30...... 48044 22...... 48231 47907, 47911, 49357 31...... 48044 23...... 48231 34 CFR 55...... 47140 35...... 48044 25...... 48258 74...... 46492 63...... 48081 37...... 48044 26...... 48258 75...... 46492 64...... 48679 40...... 48044 28...... 48272 iv Federal Register / Vol. 60, No. 185 / Friday, September 25, 1995 / Reader Aids

31...... 48208, 48231 1336...... 47309 Proposed Rules: 630...... 46775 32...... 48272, 48274 1337...... 47309 52...... 46259 642...... 47100 33 ...... 48208, 48224, 48274 1342...... 47309 225...... 46805, 49358 649...... 45682 36...... 48208, 48231 1345...... 47309 49 CFR 661...... 47493, 48673 42 ...... 48224, 48231, 48258 1801...... 47704 663...... 46538 1...... 48672 44...... 48231, 48258 1803...... 47099 671...... 47312 45...... 48208 1804...... 47704 107...... 49106 672 ...... 46067, 47312, 48053 46...... 48208, 48231 1812...... 47704 171 ...... 48780, 49048, 49106 47...... 48231 1813...... 47704 172 ...... 48780, 49048, 49106 675 ...... 47312, 47313, 48054, 49...... 48208, 48231 1814...... 47704 173 ...... 48780, 49048, 49106 49348 50...... 48224 1815...... 47099, 47704 174...... 49106 676...... 47312 52 ...... 48208, 48224, 48231, 1819...... 47704 175...... 49106 677...... 47312 48258, 48272, 48274 1825...... 47704 176...... 49106 678...... 49235 53 ...... 48208, 48231, 48258 1827...... 47310 178...... 48780, 49106 Proposed Rules: 923...... 47491 1834...... 47704 179...... 49048 Ch. VI...... 48959 970...... 47491 1835...... 47704 180...... 49048 10...... 46087 1301...... 47309 1836...... 47704 382...... 49322 13...... 46087 1302...... 47309 1852 ...... 47099, 47310, 47704 393...... 46236 17 ...... 46087, 46568, 46569, 1304...... 47309 1853...... 47704 531...... 47877 46571, 47338, 47339, 47340, 1305...... 47309 1870...... 47704 571...... 46064 48684, 49358, 49359, 49377 1306...... 47309 2401...... 46152 583...... 47878 85...... 48491 1307...... 47309 2402...... 46152 Proposed Rules: 227...... 47544, 48086 1308...... 47309 2404...... 46152 107...... 47723 260...... 49242 1309...... 47309 2405...... 46152 171...... 47723 625...... 46105 1314...... 47309 2406...... 46152 172...... 47723 638...... 48960 1315...... 47309 2413...... 46152 173...... 47723 641...... 47341, 49442 1316...... 47309 2415...... 46152 178...... 47723 1317...... 47309 2416...... 46152 661...... 47442 649...... 45690, 48086 1319...... 47309 2419...... 46152 650...... 45690 1322...... 47309 2426...... 46152 50 CFR 651...... 45691 1324...... 47309 2428...... 46152 20...... 46012 658...... 48497 1325...... 47309 2429...... 46152 217...... 47713 670...... 46806 1331...... 47309 2432...... 46152 222...... 47713 672 ...... 46572, 46936, 48087 1332...... 47309 2437...... 46152 227...... 47713 675 ...... 46572, 46811, 46936, 1333...... 47309 2452...... 46152 285...... 48052 48087 1334...... 47309 2453...... 46152 301...... 46774, 48672 677...... 47142 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Reader Aids v

CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–026–00042–5) ...... 33.00 Jan. 1, 1995 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–026–00043–3) ...... 27.00 Jan. 1, 1995 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–026–00044–1) ...... 13.00 Jan. 1, 1995 numbers, prices, and revision dates. 200–1199 ...... (869–026–00045–0) ...... 23.00 Jan. 1, 1995 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–026–00046–8) ...... 16.00 Jan. 1, 1995 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–026–00047–6) ...... 15.00 Jan. 1, 1995 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–026–00048–4) ...... 26.00 Jan. 1, 1995 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–026–00049–2) ...... 21.00 Jan. 1, 1995 Affected), which is revised monthly. 16 Parts: The annual rate for subscription to all revised volumes is $883.00 0–149 ...... (869–026–00050–6) ...... 7.00 Jan. 1, 1995 domestic, $220.75 additional for foreign mailing. 150–999 ...... (869–026–00051–4) ...... 19.00 Jan. 1, 1995 Mail orders to the Superintendent of Documents, Attn: New Orders, 1000–End ...... (869–026–00052–2) ...... 25.00 Jan. 1, 1995 P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be accompanied by remittance (check, money order, GPO Deposit 17 Parts: Account, VISA, or Master Card). Charge orders may be telephoned 1–199 ...... (869–026–00054–9) ...... 20.00 Apr. 1, 1995 ...... to the GPO Order Desk, Monday through Friday, at (202) 512±1800 200–239 (869–026–00055–7) 24.00 Apr. 1, 1995 ...... from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your charge orders 240–End (869–026–00056–5) 30.00 Apr. 1, 1995 to (202) 512-2233. 18 Parts: Title Stock Number Price Revision Date 1–149 ...... (869–026–00057–3) ...... 16.00 Apr. 1, 1995 150–279 ...... (869–026–00058–1) ...... 13.00 Apr. 1, 1995 1, 2 (2 Reserved) ...... (869–026–00001–8) ...... $5.00 Jan. 1, 1995 280–399 ...... (869–026–00059–0) ...... 13.00 Apr. 1, 1995 3 (1994 Compilation 400–End ...... (869–026–00060–3) ...... 11.00 Apr. 1, 1995 and Parts 100 and 19 Parts: 1 101) ...... (869–026–00002–6) ...... 40.00 Jan. 1, 1995 1–140 ...... (869–026–00061–1) ...... 25.00 April 1, 1995 4 ...... (869–026–00003–4) ...... 5.50 Jan. 1, 1995 141–199 ...... (869–026–00062–0) ...... 21.00 Apr. 1, 1995 200–End ...... (869–026–00063–8) ...... 12.00 Apr. 1, 1995 5 Parts: 1–699 ...... (869–026–00004–2) ...... 23.00 Jan. 1, 1995 20 Parts: 700–1199 ...... (869–026–00005–1) ...... 20.00 Jan. 1, 1995 1–399 ...... (869–026–00064–6) ...... 20.00 Apr. 1, 1995 1200–End, 6 (6 400–499 ...... (869–026–00065–4) ...... 34.00 Apr. 1, 1995 Reserved) ...... (869–026–00006–9) ...... 23.00 Jan. 1, 1995 500–End ...... (869–026–00066–2) ...... 34.00 Apr. 1, 1995 7 Parts: 21 Parts: 0–26 ...... (869–026–00007–7) ...... 21.00 Jan. 1, 1995 1–99 ...... (869–026–00067–1) ...... 16.00 Apr. 1, 1995 27–45 ...... (869–026–00008–5) ...... 14.00 Jan. 1, 1995 100–169 ...... (869–026–00068–9) ...... 21.00 Apr. 1, 1995 46–51 ...... (869–026–00009–3) ...... 21.00 Jan. 1, 1995 170–199 ...... (869–026–00069–7) ...... 22.00 Apr. 1, 1995 52 ...... (869–026–00010–7) ...... 30.00 Jan. 1, 1995 200–299 ...... (869–026–00070–1) ...... 7.00 Apr. 1, 1995 53–209 ...... (869–026–00011–5) ...... 25.00 Jan. 1, 1995 300–499 ...... (869–026–00071–9) ...... 39.00 Apr. 1, 1995 210–299 ...... (869–026–00012–3) ...... 34.00 Jan. 1, 1995 500–599 ...... (869–026–00072–7) ...... 22.00 Apr. 1, 1995 300–399 ...... (869–026–00013–1) ...... 16.00 Jan. 1, 1995 600–799 ...... (869–026–00073–5) ...... 9.50 Apr. 1, 1995 400–699 ...... (869–026–00014–0) ...... 21.00 Jan. 1, 1995 800–1299 ...... (869–026–00074–3) ...... 23.00 Apr. 1, 1995 700–899 ...... (869–026–00015–8) ...... 23.00 Jan. 1, 1995 1300–End ...... (869–026–00075–1) ...... 13.00 Apr. 1, 1995 900–999 ...... (869–026–00016–6) ...... 32.00 Jan. 1, 1995 1000–1059 ...... (869–026–00017–4) ...... 23.00 Jan. 1, 1995 22 Parts: 1060–1119 ...... (869–026–00018–2) ...... 15.00 Jan. 1, 1995 1–299 ...... (869–026–00076–0) ...... 33.00 Apr. 1, 1995 1120–1199 ...... (869–026–00019–1) ...... 12.00 Jan. 1, 1995 300–End ...... (869–026–00077–8) ...... 24.00 Apr. 1, 1995 1200–1499 ...... (869–026–00020–4) ...... 32.00 Jan. 1, 1995 23 ...... (869–026–00078–6) ...... 22.00 Apr. 1, 1995 1500–1899 ...... (869–026–00021–2) ...... 35.00 Jan. 1, 1995 24 Parts: 1900–1939 ...... (869–026–00022–1) ...... 16.00 Jan. 1, 1995 ...... 1940–1949 ...... (869–026–00023–9) ...... 30.00 Jan. 1, 1995 0–199 (869–026–00079–4) 40.00 Apr. 1, 1995 1950–1999 ...... (869–026–00024–7) ...... 40.00 Jan. 1, 1995 200–219 ...... (869–026–00080–8) ...... 19.00 Apr. 1, 1995 2000–End ...... (869–026–00025–5) ...... 14.00 Jan. 1, 1995 220–499 ...... (869–026–00081–6) ...... 23.00 Apr. 1, 1995 500–699 ...... (869–026–00082–4) ...... 20.00 Apr. 1, 1995 8 ...... (869–026–00026–3) ...... 23.00 Jan. 1, 1995 700–899 ...... (869–026–00083–2) ...... 24.00 Apr. 1, 1995 9 Parts: 900–1699 ...... (869–026–00084–1) ...... 24.00 Apr. 1, 1995 1–199 ...... (869–026–00027–1) ...... 30.00 Jan. 1, 1995 1700–End ...... (869–026–00085–9) ...... 17.00 Apr. 1, 1995 200–End ...... (869–026–00028–0) ...... 23.00 Jan. 1, 1995 25 ...... (869–026–00086–7) ...... 32.00 Apr. 1, 1995 10 Parts: 26 Parts: 0–50 ...... (869–026–00029–8) ...... 30.00 Jan. 1, 1995 §§ 1.0-1–1.60 ...... (869–026–00087–5) ...... 21.00 Apr. 1, 1995 51–199 ...... (869–026–00030–1) ...... 23.00 Jan. 1, 1995 §§ 1.61–1.169 ...... (869–026–00088–3) ...... 34.00 Apr. 1, 1995 200–399 ...... (869–026–00031–0) ...... 15.00 6Jan. 1, 1993 §§ 1.170–1.300 ...... (869–026–00089–1) ...... 24.00 Apr. 1, 1995 400–499 ...... (869–026–00032–8) ...... 21.00 Jan. 1, 1995 §§ 1.301–1.400 ...... (869–026–00090–5) ...... 17.00 Apr. 1, 1995 500–End ...... (869–026–00033–6) ...... 39.00 Jan. 1, 1995 §§ 1.401–1.440 ...... (869–026–00091–3) ...... 30.00 Apr. 1, 1995 11 ...... (869–026–00034–4) ...... 14.00 Jan. 1, 1995 §§ 1.441-1.500 ...... (869-026-00092-1) ...... 22.00 Apr. 1, 1995 §§ 1.501–1.640 ...... (869–026–00093–0) ...... 21.00 Apr. 1, 1995 12 Parts: §§ 1.641–1.850 ...... (869–026–00094–8) ...... 25.00 Apr. 1, 1995 1–199 ...... (869–026–00035–2) ...... 12.00 Jan. 1, 1995 §§ 1.851–1.907 ...... (869–026–00095–6) ...... 26.00 Apr. 1, 1995 200–219 ...... (869–026–00036–1) ...... 16.00 Jan. 1, 1995 §§ 1.908–1.1000 ...... (869–026–00096–4) ...... 27.00 Apr. 1, 1995 220–299 ...... (869–026–00037–9) ...... 28.00 Jan. 1, 1995 §§ 1.1001–1.1400 ...... (869–026–00097–2) ...... 25.00 Apr. 1, 1995 300–499 ...... (869–026–00038–7) ...... 23.00 Jan. 1, 1995 §§ 1.1401–End ...... (869–026–00098–1) ...... 33.00 Apr. 1, 1995 500–599 ...... (869–026–00039–5) ...... 19.00 Jan. 1, 1995 2–29 ...... (869–026–00099–9) ...... 25.00 Apr. 1, 1995 ...... 600–End (869–026–00040–9) 35.00 Jan. 1, 1995 30–39 ...... (869–026–00100–6) ...... 18.00 Apr. 1, 1995 13 ...... (869–026–00041–7) ...... 32.00 Jan. 1, 1995 40–49 ...... (869–026–000101–4) .... 14.00 Apr. 1, 1995 vi Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Reader Aids

Title Stock Number Price Revision Date Title Stock Number Price Revision Date 50–299 ...... (869–026–00102–2) ...... 14.00 Apr. 1, 1995 400–424 ...... (869–022–00152–3) ...... 27.00 July 1, 1994 300–499 ...... (869–026–00103–1) ...... 24.00 Apr. 1, 1995 425–699 ...... (869–022–00153–1) ...... 30.00 July 1, 1994 500–599 ...... (869–026–00104–9) ...... 6.00 4 Apr. 1, 1990 700–789 ...... (869–022–00154–0) ...... 28.00 July 1, 1994 600–End ...... (869–026–00105–7) ...... 8.00 Apr. 1, 1995 790–End ...... (869–026–00158–8) ...... 15.00 July 1, 1995 27 Parts: 41 Chapters: 1–199 ...... (869–026–00106–5) ...... 37.00 Apr. 1, 1995 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 200–End ...... (869–026–00107–3) ...... 13.00 8Apr. 1, 1994 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 3–6 ...... 14.00 3 July 1, 1984 28 Parts: ...... 7 ...... 6.00 3 July 1, 1984 1-42 ...... (869–026–00108–1) ...... 27.00 July 1, 1995 8 ...... 4.50 3 July 1, 1984 43-end ...... (869-026-00109-0) ...... 22.00 July 1, 1995 9 ...... 13.00 3 July 1, 1984 29 Parts: 10–17 ...... 9.50 3 July 1, 1984 0–99 ...... (869–022–00107–8) ...... 21.00 July 1, 1994 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 *100–499 ...... (869–026–00111–1) ...... 9.50 July 1, 1995 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 500–899 ...... (869–022–00109–4) ...... 35.00 July 1, 1994 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 900–1899 ...... (869–026–00113–8) ...... 17.00 July 1, 1995 19–100 ...... 13.00 3 July 1, 1984 1900–1910 (§§ 1901.1 to 1–100 ...... (869–026–00159–6) ...... 9.50 July 1, 1995 1910.999) ...... (869–022–00111–6) ...... 33.00 July 1, 1994 101 ...... (869–022–00157–4) ...... 29.00 July 1, 1994 1910 (§§ 1910.1000 to 102–200 ...... (869–022–00158–2) ...... 15.00 July 1, 1994 end) ...... (869–022–00112–4) ...... 21.00 July 1, 1994 201–End ...... (869–022–00159–1) ...... 13.00 July 1, 1994 1911–1925 ...... (869–022–00113–2) ...... 26.00 July 1, 1994 42 Parts: 1926 ...... (869–022–00114–1) ...... 33.00 July 1, 1994 1–399 ...... (869–022–00160–4) ...... 24.00 Oct. 1, 1994 1927–End ...... (869–022–00115–9) ...... 36.00 July 1, 1994 400–429 ...... (869–022–00161–2) ...... 26.00 Oct. 1, 1994 30 Parts: 430–End ...... (869–022–00162–1) ...... 36.00 Oct. 1, 1994 1–199 ...... (869–022–00116–7) ...... 27.00 July 1, 1994 43 Parts: *200–699 ...... (869–026–00120–1) ...... 20.00 July 1, 1995 1–999 ...... (869–022–00163–9) ...... 23.00 Oct. 1, 1994 700–End ...... (869–022–00118–3) ...... 27.00 July 1, 1994 1000–3999 ...... (869–022–00164–7) ...... 31.00 Oct. 1, 1994 31 Parts: 4000–End ...... (869–022–00165–5) ...... 14.00 Oct. 1, 1994 0–199 ...... (869–026–00122–7) ...... 15.00 July 1, 1995 44 ...... (869–022–00166–3) ...... 27.00 Oct. 1, 1994 200–End ...... (869–022–00120–5) ...... 30.00 July 1, 1994 45 Parts: 32 Parts: 2 1–199 ...... (869–022–00167–1) ...... 22.00 Oct. 1, 1994 1–39, Vol. I ...... 15.00 July 1, 1984 200–499 ...... (869–022–00168–0) ...... 15.00 Oct. 1, 1994 1–39, Vol. II ...... 19.00 2 July 1, 1984 2 500–1199 ...... (869–022–00169–8) ...... 32.00 Oct. 1, 1994 1–39, Vol. III ...... 18.00 July 1, 1984 1200–End ...... (869–022–00170–1) ...... 26.00 Oct. 1, 1994 1–190 ...... (869–022–00121–3) ...... 31.00 July 1, 1994 *191–399 ...... (869–026–00125–1) ...... 38.00 July 1, 1995 46 Parts: 400–629 ...... (869–022–00123–0) ...... 26.00 July 1, 1994 1–40 ...... (869–022–00171–0) ...... 20.00 Oct. 1, 1994 630–699 ...... (869–026–00127–8) ...... 14.00 5 July 1, 1991 41–69 ...... (869–022–00172–8) ...... 16.00 Oct. 1, 1994 700–799 ...... (869–022–00125–6) ...... 21.00 July 1, 1994 70–89 ...... (869–022–00173–6) ...... 8.50 Oct. 1, 1994 800–End ...... (869–026–00129–4) ...... 22.00 July 1, 1995 90–139 ...... (869–022–00174–4) ...... 15.00 Oct. 1, 1994 140–155 ...... (869–022–00175–2) ...... 12.00 Oct. 1, 1994 33 Parts: 156–165 ...... (869–022–00176–1) ...... 17.00 7Oct. 1, 1993 1–124 ...... (869–022–00127–2) ...... 20.00 July 1, 1994 166–199 ...... (869–022–00177–9) ...... 17.00 Oct. 1, 1994 125–199 ...... (869–022–00128–1) ...... 26.00 July 1, 1994 200–499 ...... (869–022–00178–7) ...... 21.00 Oct. 1, 1994 *200–End ...... (869–026–00132–4) ...... 24.00 July 1, 1995 500–End ...... (869–022–00179–5) ...... 15.00 Oct. 1, 1994 34 Parts: 47 Parts: 1–299 ...... (869–026–00133–2) ...... 25.00 July 1, 1995 0–19 ...... (869–022–00180–9) ...... 25.00 Oct. 1, 1994 300–399 ...... (869–026–00134–1) ...... 21.00 July 1, 1995 20–39 ...... (869–022–00181–7) ...... 20.00 Oct. 1, 1994 400–End ...... (869–022–00132–9) ...... 40.00 July 1, 1994 40–69 ...... (869–022–00182–5) ...... 14.00 Oct. 1, 1994 35 ...... (869–026–00136–7) ...... 12.00 July 1, 1995 70–79 ...... (869–022–00183–3) ...... 24.00 Oct. 1, 1994 80–End ...... (869–022–00184–1) ...... 26.00 Oct. 1, 1994 36 Parts 1–199 ...... (869–026–00137–5) ...... 15.00 July 1, 1995 48 Chapters: 200–End ...... (869–022–00135–3) ...... 37.00 July 1, 1994 1 (Parts 1–51) ...... (869–022–00185–0) ...... 36.00 Oct. 1, 1994 1 (Parts 52–99) ...... (869–022–00186–8) ...... 23.00 Oct. 1, 1994 37 ...... (869–022–00136–1) ...... 20.00 July 1, 1994 2 (Parts 201–251) ...... (869–022–00187–6) ...... 16.00 Oct. 1, 1994 38 Parts: 2 (Parts 252–299) ...... (869–022–00188–4) ...... 13.00 Oct. 1, 1994 0–17 ...... (869–026–00140–5) ...... 30.00 July 1, 1995 3–6 ...... (869–022–00189–2) ...... 23.00 Oct. 1, 1994 18–End ...... (869–026–00141–3) ...... 30.00 July 1, 1995 7–14 ...... (869–022–00190–6) ...... 30.00 Oct. 1, 1994 39 ...... (869–026–00142–1) ...... 17.00 July 1, 1995 15–28 ...... (869–022–00191–4) ...... 32.00 Oct. 1, 1994 29–End ...... (869–022–00192–2) ...... 17.00 Oct. 1, 1994 40 Parts: 1–51 ...... (869–022–00140–0) ...... 39.00 July 1, 1994 49 Parts: 52 ...... (869–022–00141–8) ...... 39.00 July 1, 1994 1–99 ...... (869–022–00193–1) ...... 24.00 Oct. 1, 1994 53–59 ...... (869–022–00142–6) ...... 11.00 July 1, 1994 100–177 ...... (869–022–00194–9) ...... 30.00 Oct. 1, 1994 60 ...... (869-022-00143-4) ...... 36.00 July 1, 1994 178–199 ...... (869–022–00195–7) ...... 21.00 Oct. 1, 1994 61–80 ...... (869–022–00144–2) ...... 41.00 July 1, 1994 200–399 ...... (869–022–00196–5) ...... 30.00 Oct. 1, 1994 81–85 ...... (869–022–00145–1) ...... 23.00 July 1, 1994 400–999 ...... (869–022–00197–3) ...... 35.00 Oct. 1, 1994 86–99 ...... (869–022–00146–9) ...... 41.00 July 1, 1994 1000–1199 ...... (869–022–00198–1) ...... 19.00 Oct. 1, 1994 100–149 ...... (869–022–00147–7) ...... 39.00 July 1, 1994 1200–End ...... (869–022–00199–0) ...... 15.00 Oct. 1, 1994 150–189 ...... (869–022–00148–5) ...... 24.00 July 1, 1994 50 Parts: 190–259 ...... (869–022–00149–3) ...... 18.00 July 1, 1994 1–199 ...... (869–022–00200–7) ...... 25.00 Oct. 1, 1994 260–299 ...... (869–022–00150–7) ...... 36.00 July 1, 1994 200–599 ...... (869–022–00201–5) ...... 22.00 Oct. 1, 1994 300–399 ...... (869–022–00151–5) ...... 18.00 July 1, 1994 600–End ...... (869–022–00202–3) ...... 27.00 Oct. 1, 1994 Federal Register / Vol. 60, No. 185 / Monday, September 25, 1995 / Reader Aids vii

Title Stock Number Price Revision Date Subscription (mailed as issued) ...... 264.00 1995 CFR Index and Findings Individual copies ...... 1.00 1995 Aids ...... (869–026–00053–1) ...... 36.00 Jan. 1, 1995 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. Complete 1995 CFR set ...... 883.00 1995 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 Microfiche CFR Edition: in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. Complete set (one-time mailing) ...... 188.00 1992 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only Complete set (one-time mailing) ...... 223.00 1993 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, Complete set (one-time mailing) ...... 244.00 1994 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period Apr. 1, 1990 to Mar. 31, 1995. 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, 1995. The CFR volume issued July 1, 1991, should be retained. 6 No amendments to this volume were promulgated during the period January 1, 1993 to December 31, 1994. The CFR volume issued January 1, 1993, should be retained. 7 No amendments to this volume were promulgated during the period October 1, 1993, to September 30, 1994. The CFR volume issued October 1, 1993, should be retained. 8 No amendments to this volume were promulgated during the period April 1, 1994 to March 31, 1995. The CFR volume issued April 1, 1994, should be retained.